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4.8 4.8 ZONINGTPort Miller Rezoning—SET PUBLIC HEARING—11-19-18 REVISED RESOL UTION RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW TO AMEND CHAPTER 179 TO CHANGE ZONING OF PROPERTY OWNED BY KUBRICKYJOHNAND SONS, INC. THE FC1=__ORT MILLER E COMPANY,NY, 1NC. FROM MODERATE DENSITY RESIDENTIAL (MDR) TO RURAL RESIDENTIAL FIVE ACRE (RR-5) RESOLUTION NO.: ,2018 INTRODUCED BY: WHO MOVED ITS ADOPTION SECONDED BY: WHEREAS, Fort Miller Company, Inc., (Applicant) wishes to expand its sand and gravel extraction operation at property currently oivned by Kubricky John and Soils, Inc., and identified as Tax Map No.: 279.-1-48 located at 1359 Ridge Road (Project), and WHEREAS, the Town Board is considering a request by the Applicant to amend the Town Zoning Map to change the zoning of the property from Moderate Density Residential (MDR)to Rural Residential Five Acre (RR-5)to permit sand and gravel extraction, and WHEREAS, by Resolution No.: 100, 2017, the Town Board authorized, directed and consented to the New York State Department of Enviromnental Conservation (DEC) serving as Lead Agency for SEQRA review of the Project, and WHEREAS, DEC determined the Project to be a Type I Action, coordinated review with other agencies was performed, DEC performed such SEQRA Review and determined that the Project would not have a significant effect on the environment, and a Negative Declaration dated January 29, 2018 is on file with the Town, and WHEREAS, applications for rezonings are forwarded to the Town Planning Department and Planning Board for recommendations in accordance with §179-15-040 of the Town Zoning Law and following such recommendations, the Town Board reviews the applications and takes such other action as it shall deem necessary and proper, and WHEREAS, by Resolution No.: 184,2018, the Town Board accordingly authorized the Town Clerk to forward the Applicant's Petition for Change of Zone Application to the Planning Board for report and recommendation, and WHEREAS, on July 17"', 2018, the Town Planning Board reviewed such Application and adopted a Resolution recommending the rezoning request as favorable, and WHEREAS, in order for the Town's Zoning Code to maintain its status as an approved local land use plan under the Adirondack Park Agency (APA) Act and APA regulations, the Town must obtain APA approval of the proposed zoning request prior to adoption, and WHEREAS, the proposed zoning revisions comply with the requirements of §807 of the APA Act and 9 NYCRR Part 582 of APA regulations, and WHEREAS, the Town Board wishes to consider adoption of proposed Local Law No.: _ of 2019 to amend Queensbury Town Code Chapter 179 by amending the official Town Zoning Map to reflect such changes as set forth above, and WHEREAS, before the Town Board may amend, supplement, change, or modify its Zoning Map, it must hold a public hearing in accordance with the provisions of Town Law §265, the Municipal Home Rule Law and the Town of Queensbury Zoning Laws, 2 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, January 281h, 2019 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties concerning adoption of Local Law No.: of 2019 to amend the official Town of Queensbury Zoning Map whereby the zoning of property bearing Tax Map No.: 279.-1-48 and located at 1359 Ridge Road in the Town of Queensbury would be changed from Moderate Density Residential (MDR)to Rural Residential Five Acre (RR-5), and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk's Office to provide 10 days notice of the public hearing by publishing a Notice of Public Hearing in the Town's official newspaper and posting the Notice on the Town's bulletin board, and BE IT FURTHER, RESOLVED, in accordance with Town Zoning Law §179-15-070(C), as the proposed rezoning involves less than 30 parcels, the Town Board farther authorizes and directs the Community Development Department to provide the Town Clerk's Office with a list of all property owners located immediately adjacent to the parcel proposed to be rezoned so that the Town Clerk's Office may send the Notice of Public Hearing to those property owners as well as the property owner of record, and BE IT FURTHER, RESOLVED, that the Town Board further directs the Community Development Department to forward the petition to the Warren County Planning Department for its review and comment in accordance with New York State General Municipal Law §239-M, and 3 BE IT FURTHER, RESOLVED, that the Town Board hereby directs the Town Clerk to formally submit the petition to the Adirondack Park Agency for review and approval in accordance with Article 27 of the Executive Law, §807, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk's Office to send the Notice of Public Hearing to the Clerk of the Warren County Board of Supervisors, Warren County Planning Department and other communities or agencies that it is necessary to give written notice to in accordance with New York State Town Law §265, the Town's Zoning Regulations and the Laws of the State of New York. Duly adopted this 19"'day of November, 2018, by the following vote: AYES NOES ABSENT: 4 Town of Queensbury JCommunity Development Office 742 Bay Road, Queensbury,NY 12804 Town of Queensbury Planning Board RESOLUTION -Planning Board Recommendation to the Town Board for Zoning change THE FORT MILLER COMPANY, INC. Tax Map ID: 279.-1-48/Property Address: 1359 Ridge Road Whereas, an application has been made to the Town of Queensbury Town Board for a zoning change. The Town Board referred this application to the Planning Board for an advisory recommendation pursuant to Section 179-15-020; Whereas, the applicant proposes to rezone a 9.23 acre parcel currently zoned Moderate Density Residential (MDR) to Rural Residential Five Acre (RR-5A); Whereas, the Planning Board will review the applicant's site plan and special use permit pursuant to the requirements of Section 179-10-070 and Section 179-9-020; Whereas, the State Envirommental Quality Review Act has been completed by the New York Department of Environmental Conservation and the agency has issued a negative declaration January 2018; Now, Therefore, be it resolved, that we find the following: MOTION FOR RECOMMENDATION TO THE TOWN BOARD AS FAVORABLE FOR ZONING REQUEST FROM MDR TO RR5A AND TO CLARIFY SECTION 179-10-070 TO INCLUDE RURAL RESIDENTIAL IN THE LIST OF ZONES FOR THE PROPOSED USE. Introduced by David Deeb who moved its adoption, and Motion seconded by Brad Magowan. Duly adopted this 17"' day of July, 2018 by the following vote: AYES: Ms. White, Mr. Shafer, Mr. Hunsinger, Mr. Magowan, Mr. Valentine, Mr. Deeb, Mr. Traver NOES: NONE Phone: 518.761.8220 I Fax: 518.745.4437 1 742 Bay Road, Queensbuiy,NY 12804 1 www.queensbury.net RESOLUTION AUTHORIZING TOWN CLERK TO SUBMIT THE FORT MILLER COMPANY, INC.'S PETITION FOR CHANGE OF ZONE APPLICATION TO QUEENSBURY PLANNING BOARD FOR RECOMMENDATION RESOLUTION NO.: 184,2018 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Jennifer Switzer WHEREAS, on March 29, 2017, The Fort Miller Company, Inc. (Applicant) submitted a Petition for Change of Zone Application (Application) concerning a parcel of land identified as tax map parcel no.: 279.-1-48 located at 1359 Ridge Road in the Town of Queensbury from MDR to RR-5 to permit sand and gravel extraction(Project) to the Queensbury Town Clerk's Office and the application was reviewed by the Town Planning Staff and deemed complete for purposes of review, and WHEREAS, by Resolution No.: 100, 2017, the Town Board authorized, directed and consented to the New York State Department of Environmental Conservation (DEC) as Lead Agency for SEQRA review relative to DEC's review of the Application, and WHEREAS, DEC performed such SEQRA Review, determined the Project to be a Type I Action and the Project would not have a significant effect on the enviromnent, a coordinated review with other agencies was performed, a Negative Declaration dated January 29, 2018 is on file with the Town and a copy is also presented at this meeting, and WHEREAS, the Applicant previously appeared before the Town Planning Board for Site Plan Review, but the Site Plan Review application was tabled once the Applicant chose to pursue a zoning change, and WHEREAS, applications for rezonings are forwarded to the Town Planning Department and Planning Board for recommendations in accordance with §179-12-030 of the Town Zoning Ordinance, and WHEREAS, following such recommendations, the Town Board will review the Application and take such other action as it shall deem necessary and proper, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Clerk to forward The Fort Miller Company, Inc.'s Petition for Change of Zone Application concerning a parcel of land identified as tax reap parcel no.: 279.-1-48 located at 1359 Ridge Road in the Town of Queensbury from MDR to RR-5 to permit sand and gravel extraction to the Queensbury Planning Board for report and recommendation, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor and/or Director of Plarming, Zoning and Code Compliance to take any actions necessary to effectuate the terms of this Resolution. Duly adopted this 7t"day of May, 2018, by the following vote: AYES: Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer NOES: None ABSENT: Mr. Strough RESOLUTION AUTHORIZING CONSENT TO NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION BEING DESIGNATED AS LEAD AGENCY FOR SEQRA REVIEW OF PROPOSED REZONING APPLICATION OF THE FORT MILLER COMPANY, INC. RESOLUTION NO.: 100,2017 INTRODUCED BY: Mr. Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, in accordance with the State Environmental Quality Review Act (SEQRA), the New York State Department of Environmental Conservation (DEC) has notified the Queensbury Town Board that DEC is seeking Lead Agency status for the purposes of fulfilling the SEQRA requirements relative to its review of the proposed rezoning application of The Fort Miller Company, Inc., concerning a parcel of land identified as tax map parcel no.: 279.-1-48 located at 1359 Ridge Road in the Town of Queensbury to pen-nit sand and gravel extraction (the "Project") as set forth in DEC's April 20, 2015 email to the Town of Queensbury Planning Department presented at this meeting, and WHEREAS, DEC has requested that the Town Board consent to DEC being designated as Lead Agency, and the Town Board has concluded that DEC is the most involved agency and should be Lead Agency for the purposes of SEQRA review relating to the Project, and WHEREAS,the Town Board wishes to therefore provide such consent, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes, directs and consents to the New York State Department of Envirommental Conservation as Lead Agency for SEQRA review relative to DEC's review of the proposed rezoning application of The Fort Miller Company, Inc., concerning a parcel of land identified as tax reap parcel no.: 279.-1-48 located at 1359 Ridge Road in the Town of Queensbury to permit sand and gravel extraction and authorizes and directs the Town Supervisor-to execute any needed consent and/or other documentation and take any other necessary actions to effectuate the terms of this Resolution. Duly adopted this 3`d day of April, 2017, by the following vote: AYES Mr. Metivier, Mr. Clements, Mr. Irish, Mr. Brewer, Mr. Strough NOES None ABSENT: None NOTICES\REZONINGS\Fort Miller—Ridge Road— 1-28-19 NOTICE OF PUBLIC HEARING IN ACCORDANCE WITH A RESOLUTION OF THE QUEENSBURY TOWN BOARD DULY ADOPTED ON MONDAY, NOVEMBER 19TH, 2018, NOTICE IS HEREBY GIVEN THAT THE TOWN BOARD WILL CONDUCT A PUBLIC HEARING ON MONDAY, JANUARY 28TH, 2019 AT 7:00 P.M. IN THE QUEENSBURY ACTIVITIES CENTER, 742 BAY ROAD, QUEENSBURY AT WHICH HEARING THE TOWN BOARD SHALL HEAR ALL INTERESTED PARTIES CONCERNING PROPOSED ADOPTION OF LOCAL LAW NO.: OF 2019 TO AMEND THE OFFICIAL TOWN OF QUEENSBURY ZONING MAP TO CHANGE THE ZONING OF REAL PROPERTY CURRENTLY OWNED BY KUBRICKY JOHN & SONS, INC., LOCATED AT 1359 RIDGE ROAD IN THE TOWN OF QUEENSBURY BEARING TAX MAP NO.: 279.-1-48 FROM MODERATE DENSITY RESIDENTIAL (MDR) TO RURAL RESIDENTIAL FIVE ACRE (RR-5). FOR OBTAIN FURTHER INFORMATION, PLEASE CONTACT OR VISIT THE QUEENSBURY TOWN CLERK'S OFFICE, 742 BAY ROAD, QUEENSBURY (518) 761-8234 DURING NORMAL BUSINESS HOURS. BY ORDER OF THE QUEENSBURY TOWN BOARD. PUBLICATION DATE: ,201_ CAROLINE H. BARBER TOWN CLERK TOWN OF QUEENSBURY r / %l 1 r✓q/ ri rl1 %��/�r� r�. f9 1 1 r l 11 r rr1/ • 1 •J i? • • rr L r r G /rrfM"f�/ / rf f r f /ii rrr �ilf too/ �, / /// Lplr! • �� 11 ,r ry r r/ .r�l (! r r r r ✓/r / f ✓ ' 1 I/iJrl /U1 "Yoko l/ rr "f rlifir / l u ��(�✓ ��� � .Ur r r / / r r m l r/ /rr IF �4�! •• • p �y7 (��� rr /rr 1 ��/ ✓ a1� r �� j r 741 rN �'�/��f�i r rr rr r r it �/ Jrf Orr r Ir r • • Day r r /, / �� r r//r N lf�9lrl✓ f I r f�rfr rf r/r r / r •`, I l% t r r ��%! �, fi r/ r r �Gr r� r r,/ rrU / " ./ 9r r �1glrrl'rrli / � 5Jr i ���, � ,. • �� � lotr , ���r//fir • r/ n jr�Jrl%�fg711 ISM 1 i If�pI J �r „„,. / 'rf baW R' Gj % r j// r w r 1'�� ��n / ✓r r .T r •���- , r y/ /ri/r� / r , rl ✓�( • r / 1r / �. 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SECTION 1. The zoning designation for a parcel of property referenced as tax map parcel number: 279.-1-48 located at 1359 Ridge Road in the Town of Queensbuiy is changed from Moderate Density Residential (MDR) to Rural Residential Five Acre (RR-5). The Town of Queensbury's Town Zoning Map is hereby amended to reflect this zoning change and the Map appended to this Local Law is hereby adopted as the official Town Zoning Map of the Town of Queensbuiy and supersedes the previously adopted Town Zoning Map. SECTION 2. The invalidity of any clause, sentence, paragraph or provision of this Local Law shall not invalidate any other clause, sentence,paragraph or part thereof. SECTION 3. All Local Laws or ordinances or parts of Local Laws or ordinances in conflict with any part of this Local Law are hereby repealed. SECTION 4. 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