4.09
4.9
ZONING\\Rezoning App to Planning Board – AREC 34 LLC – 1-13-20
RESOLUTION AUTHORIZING TOWN CLERK TO SUBMIT AREC 34,
LLC’S PETITION FOR CHANGE OF ZONE APPLICATION
TO QUEENSBURY PLANNING BOARD AND REQUESTING
PLANNING BOARD TO SEEK LEAD AGENCY STATUS
RESOLUTION NO.: ___________________________________________________, 2020
INTRODUCED BY: ___________________________________________________
WHO MOVED ITS ADOPTION
SECONDED BY: ___________________________________________________
WHEREAS, AREC 34, LLC submitted a zoning change application to the Queensbury Town
Clerk’s Office on December 20, 2019 to allow for the addition of Interior Self Storage as an allowable
use by Special Use Permit in the Commercial Light Industrial zoning district, and
WHEREAS, Apex Capital, LLC has also submitted to the Town a site plan review application
for adding new retail use, exterior storage structures and interior storage to the former Kmart property,
and
WHEREAS, the applications have been reviewed by the Town Planning Staff and deemed
complete for purposes of review, and
WHEREAS, applications for zoning changes and site plan review are subject to Warren
County Planning Department review in accordance with §239-m of NYS General Municipal Law, and
WHEREAS, applications for zoning changes that include projects requiring site plan review
may be forwarded to the Town Planning Board for recommendations in accordance with §179-15-040
of the Town Zoning Ordinance, and
WHEREAS, following such recommendations, the Queensbury Town Board will review the
application and take such other action as it shall deem necessary and proper, and
WHEREAS, prior to making a decision about whether to approve the zoning change, it is
necessary to conduct a review under the New York State Environmental Quality Review Act
(SEQRA), for potential environmental effects, and
WHEREAS, the projects proposed with the zoning change application are also subject to
SEQRA review and the Planning Board has the necessary knowledge and experience to conduct any
necessary SEQRA review and evaluate the potential environmental impacts for both the proposed
zoning change and the proposed project,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Clerk
to forward AREC 34, LLC’s application received by the Town Clerk’s Office on or about December
20, 2019 to the Queensbury Planning Board for SEQRA review, report and recommendation, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby consents to the Planning Board acting as Lead
Agency for any needed SEQRA review of this project, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute any
necessary documents and the Town’s Department of Community Development to notify, if and when
appropriate, any other Involved Agencies of the Town Board’s consent to the Planning Board serving
as Lead Agency for SEQRA Review of the project and the Town Supervisor, Town Clerk and/or
Department of Community Development to take any other necessary actions to effectuate the terms of
this Resolution.
th
Duly adopted this 13 day of January, 2020 by the following vote:
AYES:
NOES:
ABSENT: