Ballston Town City Zoning Code
ARTICLE XIII
Senior Housing District
§ 138-51 District regulations.
A.
Purpose. The Town Board of the Town of Ballston hereby finds and declares:
(1)
There is a need in the Town of Ballston for housing developments located and designed to meet the special needs and habits of senior citizens, to be known as "senior housing." Such housing can contribute to the dignity, independence and meaningful activity of senior citizens in their retirement years. It is recognized that housing for the elderly, if not properly located, constructed and maintained, may be detrimental to the general welfare, health and dignity of the occupants of such developments and to the Town of Ballston at large.
(2)
Senior citizens have different needs than the population as a whole. These needs often include support services, such as central food service, social services and referral consultation, medical services, housekeeping assistance and central laundry.
(3)
Senior housing developments can be integrated into existing residential neighborhoods if properly planned, constructed and maintained. A senior housing development that blends into the existing fabric of the community has a much higher degree of acceptance by neighbors, and the senior citizens who live there find it much easier to become a part of the community as a whole.
(4)
The Town of Ballston has determined that the most appropriate means to fulfill the purposes of this section is to establish Senior Housing Districts by zoning amendment.
(5)
The purpose of the Senior Housing District is to enable the Town Board to permit, on a case-by-case basis, senior housing that satisfies the need for such developments in locations where it will not detract from surrounding land uses. Any use, other than the uses specifically enumerated herein, shall be prohibited in a Senior Housing District.
(6)
Creation of a Senior Housing District shall follow all requirements of this article and shall be created only upon the approval of the Town Board of the Town of Ballston. The granting of authority to establish a senior housing development by the Town Board shall be subject to the conditions set forth below, the site plan review requirements of Article XXXII of this chapter, and such other reasonable conditions as the Town Board, in its discretion, deems appropriate. The Town Board, prior to reaching a decision on a Senior Housing District, shall provide written findings that the application meets all provisions of this section. If any provision is not met by the application, the Town Board shall state in writing its reasons for granting a waiver from the requirements of this section.
B.
Applicability.
(1)
A Senior Housing District may be created only when parcels of land have the required frontage as per Subsection J(2)(b), below, along Route 50 or Route 67 and only when located in the Mixed Use Route 50/67 and Burnt Hills Commercial, the Business District, or the Rural District in the Town of Ballston.
C.
Application for the establishment of a Senior Citizen Housing District shall be made to the Town Board. The application for Senior Housing District designation shall include a sketch plan showing the approximate location of proposed buildings and other structures, parking areas, pedestrian circulation, roads, open space, recreation areas and other proposed facilities including elevation illustrations to visualize the project. The Town Board may, in its sole discretion, reject an application for a Senior Housing District at any time prior to final adoption of a zoning amendment. The Town Board will review the application, including a sketch plan and full environmental assessment form (FEAF). However, if the Town Board determines that the application does not merit review because it does not meet the objectives of this chapter and/or the Town Comprehensive Plan, it shall so notify the applicant, shall not refer the application to the Planning Board, and no further action on the application shall be taken. If the Town Board determines that the application does merit consideration and further Planning Board review, the application shall be forwarded to the Planning Board for an advisory opinion.
(1)
Applications must be accompanied by a completed full (full form) environmental assessment form (FEAF) or a draft environmental impact statement (DEIS) pursuant to the State Environmental Quality Review Act (SEQR). The Town Board need not undertake a SEQR review if it determines that it will not entertain the zoning petition. A DEIS, pursuant to 6 NYCRR Part 617, shall be prepared for all senior housing zoning applications in which it has been determined that there may be at least one significant adverse effect on the environment.
(2)
In the event that an application requires the Town to incur additional expenses for technical assistance in the review of an application, this section shall require the applicant to pay the reasonable expenses incurred by the Town and to deposit said necessary covering funds prior to the cost being incurred. Technical assistance shall be defined as, but not limited to, those services provided by the Town Engineer, Town Planner, Town Attorney and other professional planners, licensed engineers, licensed landscape architects, licensed attorneys, licensed land surveyors and licensed property appraisers.
(3)
When a Senior Housing District application is to be considered by the Town Board and referred to the Planning Board, the Planning Board shall provide a written advisory opinion to the Town Board within 45 days.
(4)
The Town Board shall hold a public hearing on the proposal after receipt of the Planning Board advisory opinion within 45 days, with public notice as provided by law as in the case of an amendment to a zoning law pursuant to Article XXX of this chapter.
(5)
At least 10 days prior to the public hearing on creation of a Senior Housing District, the Town Board shall refer the application to the Saratoga County Planning Board for § 239-m review.
D.
After the close of the public hearing, completion of SEQR and County Planning Board referral, the Town Board may then amend this chapter so as to define the boundaries of the Senior Housing District. Such action shall have effect only of creating the boundaries of such district and granting permission for development of the preliminary plans filed with the Town Board. Such amendment of this chapter shall not constitute or imply site plan approval, a permit for construction or approval of construction plans. In reaching its decision on the proposed Senior Housing District, the Town Board shall consider the following:
(1)
The need for the proposed land use in the proposed location.
(2)
The existing character of the neighborhood in which the use will be located.
(3)
Impacts on the rural character of Route 50 and Route 67 and of the Town.
(4)
Impacts on agricultural activities in the district.
(5)
The impact on traffic and existing transportation systems.
(6)
The adequacy of the proposed public/private utilities, including water supply, sewage treatment and stormwater drainage facilities.
(7)
The safeguards provided to minimize possible detrimental effects of the proposed use on adjacent properties and the neighborhood in general.
E.
Within one year of the date that the Town Board adopts a zoning amendment creating a Senior Housing District, the applicant shall apply to the Planning Board for site plan approval in accordance with Article XXXII of this chapter. The Planning Board shall deny the site plan approval, grant site plan approval, or approve the site plan with conditions if it finds that the site plan satisfies the site plan standards and criteria, and that the site plan is substantially similar to the sketch plan approved by the Town Board. If a period of more than one year passes between Town Board approval of the Senior Housing District and submission of a site plan application, the Senior Housing District designation shall lapse, and the property shall revert to its prior zoning classification unless the Senior Housing District designation is extended by the Town Board. Such extension may be authorized after a public hearing.
F.
Prior to the issuance of a permit to commence construction, the applicant shall post a performance bond guaranteeing installation of the required access roads and improvements as required to said Senior Housing District.
G.
All conditions imposed by the Town Board, including the performance of which are conditions precedent to the issuance of any permit necessary for the development to the entire site, shall run with the land and shall not lapse or be waived as a result of any subsequent change in the tenancy or ownership of any of all said area. Such conditions shall be part of any site plan approval as well as for certificate of occupancy issued for any use of structure in such district.
H.
Site plan review. Upon creation of a Senior Housing District, the applicant shall initiate a site plan review process with the Planning Board pursuant to Article XXXII of this chapter. The Planning Board may require additional changes to the site plan as are deemed reasonably necessary to protect the established or permitted uses in the vicinity and to promote the orderly growth and sound development of the Town.
I.
Uses. Senior housing needs vary depending upon an individual's age and health. A common prerequisite is a comfortable, independent and supportive setting to which one can move when one's private residence is no longer appropriate. Senior housing developments may provide a variety of dwelling types in accordance with Subsection I(1) of this section. In reaching its decision to approve or deny a Senior Housing District, the Town Board shall base its findings, in part, on the degree to which the senior housing development provides for a variety of the enumerated dwelling types.
(1)
The following dwelling types are allowable in a Senior Housing District:
(a)
Two-family dwellings.
(b)
Townhouses.
(c)
Apartments (multifamily dwelling).
(d)
Congregate housing.
(e)
Any combination of the above.
(2)
Certain related ancillary facilities may be permitted, either in a separate building or in combination with dwelling units. Such ancillary facilities are deemed essential to the success of a senior housing development but shall be subordinate to the residential character of the development and shall be located out of public view with no outside advertising. Approval of a site development plan for dwelling units in a senior citizen housing development in no way constitutes approval for installation of any type of related facility. The following ancillary facilities may be approved by the Town Board:
(a)
Cafeteria.
(b)
Self-service laundry.
(c)
Lounge.
(d)
Game room.
(e)
Recreation room.
(f)
Exercise or multipurpose room.
(g)
Workshop.
(h)
Library.
(i)
Sauna/spa.
(j)
Medical clinic.
(k)
Social services office.
(l)
Twenty-four-hour security.
(m)
Guest accommodations.
(n)
Storage/maintenance facility.
J.
Design standards. In considering an application for designation of a Senior Housing District, the Planning Board or Town Board shall follow the design standards set forth in Article XXVI. The Planning Board or Town Board shall also use design standards of Article VI (§ 138-17) to the maximum extent practical, as well as the following additional standards:
(1)
The design of the senior housing development shall emulate to the maximum extent as practical rooflines, windows and doors, facades, and other features similar to single-family dwellings and with the design of the surrounding neighborhood.
(2)
The following dimensional requirements are applicable to all Senior Housing Districts created by this section; provided, however, that the Town Board may vary the requirements of § 138-51J(2)(d) and (g) in order to promote a traditional neighborhood development pattern in the Senior Housing District.
(a)
Minimum lot size: 20 acres.
(b)
Minimum road frontage: 400 feet.
(c)
Minimum front yard setback from adjoining roads: 80 feet. The Planning Board may require use of a vegetated or landscaped buffer to screen the development from Route 50 or Route 67 in order to preserve rural character. In the Mixed Use Rt 50/67 and Burnt Hills districts, the Planning Board may allow a front setback to be equal to adjacent existing buildings to integrate the senior housing into the streetscape.
(d)
Minimum building setbacks from adjoining properties:
[1]
Side: 100 feet.
[2]
Rear: 100 feet.
(e)
Maximum building height: 40 feet.
(f)
Minimum open space: 60% of parcel or combined parcels.
(g)
Minimum distance between buildings: as determined at the time of site plan approval by the Planning Board. Consideration shall be given to fire and emergency access, solar orientation to provide for solar facilities, building massing and other relevant factors in determining an appropriate distance between buildings.
(h)
Density. The maximum number of dwelling units shall be determined by the Town Board. Bonuses from participation in the PDR and Green Energy Incentive Programs may be applied in a Senior Citizen Housing District. However, such density shall be such that there will be no significant environmentally damaging consequences, that the project meets all other design and development standards, and that any increase in density is compatible with the development otherwise permitted as per this section and in the base district.
(i)
Green space. Green space and walkways shall be incorporated into the developed areas of the site to create an attractive, usable, outdoor space that encourages walking and other outdoor activity.
(3)
Sites shall be located in an area suitable for residential purposes and shall be reasonably free of objectionable conditions, such as industrial odors, noise and dust.
(4)
Senior housing developments shall preserve, to the greatest extent practical, mature trees, rock outcrops, slopes, wetlands and stream corridors.
(5)
All senior housing shall be located so that adequate resources, environmental quality and public facilities, including water supply, waste disposal and fire protection, are available.
(6)
Senior housing sites shall provide residents with reasonable access to such conveniences and facilities as public transportation, hospital and medical services, shopping, check-cashing facilities, drugstores, religious, cultural and recreational facilities and personal services.
(7)
Sites shall emphasize pedestrian circulation and shall provide a safe and reasonable system of drives, service access and parking conveniently accessible to all occupants. Sidewalks shall be provided to link parking lots, transit stops and buildings on site and with adjacent properties.
(8)
Parking.
(a)
Parking is to be established as to size and number of spaces by the Planning Board at the time of review. In general, parking at senior housing developments can vary between weekdays and weekends. Typically, in senior housing developments, many elderly no longer own their own automobile. Therefore, parking needs in senior housing are substantially less than for residential housing in general. However, senior housing developments experience a greater need for parking on Saturdays and especially Sundays when families come to visit relatives. For this occasional weekend use, it may be more appropriate to establish overflow parking using pervious surfaces. The Town may require such overflow parking be provided at each senior housing development. On-site facilities for vehicle parking shall be provided in accordance with the requirements of Article XX.
(b)
Each parking space shall be a minimum of 10 feet wide and 20 feet deep with 24 feet of aisle space and meet the federal ADA requirements. All parking shall be placed at the side and rear of buildings.
(9)
Exterior lighting shall not cause any glare onto streets or neighboring properties.
(10)
A landscaping plan shall be submitted, reviewed and approved by the Planning Board as part of the site plan review process.
(11)
In Senior Housing Districts, all construction must conform to the New York State Multiple Dwellings Law as appropriate, the New York State Energy Conservation Construction Code and the New York State Uniform Fire Prevention and Building Code, as may be amended from time to time.
(12)
Signs shall be permitted in accordance with Article XVI of this chapter.
K.
Occupancy within a Senior Housing District is limited to elderly persons or families, as defined and discussed below.
(1)
Families of two or more persons, the head of which (or his or her spouse) is 55 years of age or over;
(2)
The surviving member or members of any family described in Subsection K(1)(a) above, living in a Senior Housing District with the deceased member of the family at the time of his or her death;
(3)
A single person who is 55 years of age or over; or
(4)
Two or more elderly persons living together or one or more such persons living with another person who provides essential care to said elderly persons based upon a certification of such by a licensed physician provided by a tenant family or a prospective tenant family.
(5)
The surviving spouse or domestic partner of a person 55 years of age or older, provided that the surviving spouse or domestic partner was a resident of the Senior Housing District at the time of his or hear spouse's or domestic partner's death.