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350.2001 RESOLUTION SETTING PUBLIC HEARING ON THE GREAT ESCAPE THEME PARK’S PROPOSAL TO AMEND TOWN ZONING ORDINANCE TO AUTHORIZE ALTERNATE PARKING LOT DESIGN FOR CERTAIN QUALIFYING USES RESOLUTION NO.: 350, 2001 INTRODUCED BY : Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY : Mr. Daniel Stec WHEREAS, the existing Queensbury Zoning Ordinance, Chapter 179, Article IX, §179-66, requires construction and maintenance of off-street parking associated with certain commercial or institutional buildings or uses, and WHEREAS, in instances where off-street parking is required under the Zoning Ordinance, the Ordinance prescribes that parking lots must contain internal landscaped “divider strips” and “traffic islands” to physically separate aisles of parked cars with passive curbing structures “for the purpose of ensuring safety of vehicles moving within the parking area and to control speed,” and th WHEREAS, on June 25, 2001, in connection with a proposed major expansion of the Great Escape Theme Park LLC (Great Escape) in the Town, the Town Planning Board as SEQRA Lead th Agency published a Final Generic Environmental Impact State (FGEIS) and on July 11, 2001 issued a SEQRA Findings Statement and decision approving such expansion subject to the mitigation measures, project conditions and impact thresholds for future development set forth therein, and WHEREAS, the FGEIS for the Great Escape proposed the creation of 2,600 new off-street parking spaces within the Park property to mitigate the existing and future impacts of traffic congestion on Route 9 and the I-87 Exit 20 interchange in the vicinity of the Park, and WHEREAS, the FGEIS and Findings Statement evaluated several alternative parking lot designs and determined that a so-called “festival parking” design which eliminates the internal divider strips and traffic islands within the proposed Great Escape parking lots and which substitute active management with parking lot attendants for traffic control purposes would minimize environmental impacts from the Project, and WHEREAS, the Planning Board’s decision and findings regarding allowing an alternate parking lot design were supported by the FGEIS analysis which determined that elimination of curbed islands and use of lot attendants to direct parking from an entering queue would minimize traffic impacts by allowing cars to be more quickly parked, thus reducing traffic delays, and WHEREAS, the FGEIS also determined that the festival parking layout would minimize environmental impacts from the Project by allowing fewer acres of land to be disturbed for parking lot construction with the proposed alternate lot design compared to the conventional retail parking lot design requiring passive curbed islands and similar traffic control structures, and WHEREAS, because the proposal for an alternate parking lot design and its attendant potential environmental impacts and benefits was considered in detail in the generic environmental review for the Great Escape expansion project, no further SEQRA compliance is required in connection with this proposed action requesting that the Town Board amend the Town Zoning Ordinance to allow for the proposed alternate festival parking lot design, and WHEREAS, the Queensbury Town Board wishes to provide an opportunity for public comment on the proposed zoning changes, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, st October 1, 2001 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties concerning the proposed amendments to the off-street parking requirements of the Town Zoning Ordinance described in this Resolution and more specifically as follows: 2 1. §179-66(B)(3) regarding “Off-Street Parking and Loading” shall be amended by adding the following underlined words: Except for an enclosed shopping center and those parking lots or parking areas for which the Planning Board authorizes a Festival Parking Alternate Design as provided by §179-66(B)(3)(d) of this Ordinance, any parking lot or parking area that will contain more than one hundred fifty (150) cars shall be effectively divided by planted divider strips planted with trees fixed in place so as to effectively divide each parking area of one hundred fifty (150) cars from another driveway and parking area for the purpose of ensuring safety of vehicles moving within the entire parking area and to control speed.” 2. A new subsection §179-66(B)(3)(d) shall also be added to the provision regarding “Off-street Parking and Loading” as follows: d.Festival Parking Alternate Design - The previous provisions of this section to the contrary notwithstanding, the Planning Board may waive those provisions of this subsection requiring planted divider strips and planted traffic islands within parking lots or parking areas for uses such as amusement centers, ski centers and similar places of mass gathering where parking in the lots will be managed and filled by parking lot attendants who will direct entering vehicles from an access driveway to a particular parking space; provided, however, that for uses entitled to this waiver, the minimum tree planting requirements which would otherwise be mandated by §179-66(B)(3)(c)[2] and [3] for plantings within the divider strips or traffic islands shall be added to the applicable minimum planting requirements for the planted buffer area surrounding the parking lot, as is otherwise required by §179-66(B)(3)(c)[1] of this section. 3 3. A new definition of “FESTIVAL PARKING ALTERNATE DESIGN” shall be added to the “Definitions and Word Usage” provision of the Town Zoning Ordinance, §179- 7(B) in the alphabetical listing of definitions, immediately following the definition “FENCE” as follows: FESTIVAL PARKING ALTERNATE DESIGN – An alternate design for off-street parking lots required under this Ordinance that does not require planted divider strips or planted traffic islands or similar structures to passively control vehicles moving across the parking lot, which alternate design is allowable for certain uses where the parking of vehicles will be actively managed by parking lot attendants. and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to submit the proposed amendments to the Queensbury Planning Board for its report and recommendation, 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 the attached 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, that the Town Board further authorizes and directs the Community 4 Development Department to provide the Town Clerk’s Office with a list of all property owners located within 500' of the area so that the Town Clerk’s Office may send the Notice of Public Hearing to those property owners, 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 Board 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. th Duly adopted this 10 day of September, 2001, by the following vote: AYES : Mr. Brower, Mr. Stec, Mr. Brewer NOES : None ABSENT:Mr. Martin, Mr. Turner 5