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Developer Takes Issue With Clifton Park Zoning Proposal

Wikipedia.org

A developer hoping to transform a portion Clifton Park’s central commercial district into a mixed-use development is at odds with the town government over a proposed zoning change.

A hearing Monday night in Clifton Park was the latest in a series of public discussions regarding a vision to transform a portion of the town’s busy retail hub into a center that combines commercial and residential buildings. It would be the first time residential development would occupy an area now home to retail stores and restaurants in the southern Saratoga County community. 

But at Monday’s meeting, developer Bob Miller of the Windsor Companies and Town Supervisor Phil Barrett clashed over a concept to place high-density housing in the Clifton Park Town Center zoning district.

The Windsor Companies now owns a former K-Mart box store in the town center zone, which it hopes to redevelop. The issue comes down to what the company sees is a conflict between the guidelines set in Clifton Park’s Town Center Master Plan and the proposed zoning changes for the area, which would effectively place a cap on housing density.

“How does a cap, any cap, advance the town center plan? That’s really the first question, and I’ve asked the town to explain how placing a cap on residential advances the vision of the town to seek high-density residential,” said Miller.

Windsor Companies has not proposed a project yet, but is considering a plan that could include 200 residential units, along with commercial space. The proposed zoning changes would call for a cap of 50 apartments.

Miller said the company should have a right to pursue a project that is based on drawings and guidelines in the master plan, which did not include a cap.

 “It’s a cap that wasn’t discussed in the plan, and there were plenty of opportunities to have that discussion in the plan as the plan developed. It took a year and a half and involved, really engaged the community, and we were at every meeting. At no time did the town say ‘Oh, we would like to put a cap on residential.’ Because had they said that, I think the community may have weighed in, the community may have agreed or not. But if it was discussed, it was rejected. And if it wasn’t discussed, one has to ask ‘Why change it now?’” said Miller.

Supervisor Barrett said while the development of the Exit 9 area is vital to the town of about 36,000 residents 20 minutes north of Albany, he’d like to see it done incrementally.

“The town center plan and the proposed zoning revisions do offer more flexibility in density, and so we fully expect there to be more density in the Exit 9 area, but again, it’s going to be in an incremental basis,” said Barrett.

A developer would have the right to submit an application for a Planned Development District, or PDD, to request a zoning modification for a specific project. Again, supervisor Barrett…

“The town itself, the town board, and town residents, I think, have made it clear for many years now that unless there is something very unique and that fits with the character of the town in any area amongst the 50 square miles that make up the town of Clifton Park, we’re not interested. So if somebody wants to submit, and in this case, if these folks want to submit an application for relief of the zoning code asking for more density, they’re certainly within their rights to do that,” said Barrett.

Miller called the process of applying for a PDD in this case arbitrary, as the concept is in line with the master plan. He said if he and the town cannot agree on how to move forward, he may have to rethink the concept.

“We’ll have to make a decision. Depending on how this goes, we’ll look at it and rethink it, but what we’re hoping is that the town does the right and follows its own plan,” said Miller. 

Town residents can submit comments on the proposed zoning changes until February 27th

Lucas Willard is a reporter and host at WAMC Northeast Public Radio, which he joined in 2011.
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