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086.96 RESOLUTION TO SET PUBLIC HEARING ON PROPOSED AMENDMENT TO ZONING ORDINANCE - REGARDING PETITION FOR CHANGE OF ZONE OF MICHAEL J. VASILIOU, INC. RESOLUTION NO. 86, 96 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, certain property lying and existing within the Town of Queensbury and bearing Tax Map Identification No.'s: 73-1-23, 73-1-22.1, 73-1-22.3, 73-1-22.4, 73-1-22.5, 73-1-22.6, 73-1-22.7, and a portion of 73-1-21, is located in the vicinity of Aviation Road and the Queensbury Union Free School District, and is currently zoned RR-3A (Rural Residential - 3 Acres), hereinafter referred to as the "Project Site," and WHEREAS, Michael J. Vasiliou, Inc., hereinafter referred to as the "Developer," has requested that the Town of Queensbury change or modify the zoning to allow the development of a multi-faceted project, hereinafter referred to as the "Project," and WHEREAS, the Town Board of the Town of Queensbury feels that it would be appropriate to consider modification of the zone in the area (Project Site) to allow the Project, provided that the Project is developed as an appropriately conditioned Planned Unit Development, in accordance with the provisions of the Town of Queensbury Zoning Ordinance, and WHEREAS, the Town Board of the Town of Queensbury preliminarily determines that, assuming that the development occurs as proposed, the rezoning proposal is worthwhile to consider since: 1. The project would initially appear compatible with the area; 2. The project would appear to cause or further development in the area that is positive; 3. Public and private utilities and facilities are available in the area to service the project; 4. The school would appear to be benefitted by the project; and 5. Aviation Road will soon be widened as part of an effort by New York State to widen the bridge over the Adirondack Northway, and available to serve the area; and WHEREAS, the proposed project is consistent with the goals and strategies from the Town Comprehensive Land Use Plan dated May, 1989, which makes reference to encouraging expansion of the regional water service, encouraging the provision of open space through the use of a clustered subdivision design, encouraging increased density where municipal service is available, the need for the provision of senior housing, and WHEREAS, the Town Board of the Town of Queensbury determines that the appropriate manner in which to initiate the rezoning process, in consideration of the Project, would be to amend, supplement, change, and/or modify the existing RR-3A (Rural Residential - 3 Acres) of the Project site to SR-15 (Suburban Residential - 15,000 Square Feet), subject to the conditions that the new zoning designation shall not take effect, and that no building permit shall be issued and no construction shall occur as may be allowed under or in an SR-15 (Suburban Residential - 15,000 Square Feet) zone of the Town of Queensbury, until the developers, owner(s) or other persons or companies with a legal or equitable interest in the project site, and in any or all of the parcels subject to the rezoning obtain a Planned Unit Development designation for the entire Project site (all parcels of land covered by the rezoning) in accordance with the process set forth in the Zoning Ordinance for the Town of Queensbury, and WHEREAS, on or about December 27, 1995, the Town Board of the Town of Queensbury adopted a resolution authorizing the submission of a request for rezoning of certain property owned by Michael J. Vasiliou, Inc., Tax Map No.s: 73-1-23, 73-1-22.1, 73-1-22.3, 73-1- 22.4, 73-1-22.5, 73-1-22.6, 73-1-22.7, and a portion of 73-1-21, located in the vicinity of Aviation Road and the Queensbury Union Free School, in the Town of Queensbury , to Planned Unit Development, to the Planning Boards of the Town of Queensbury and Warren County for recommendation, and WHEREAS, on or about the 16th day of January, 1996, the Planning Board for the Town of Queensbury adopted a resolution to recommend to the Town Board the rezoning of the subject property, and WHEREAS, the Town Board of the Town of Queensbury, as the legislative body for the Town, is also the agency which oversees and reviews the Planned Unit Development application and review, and WHEREAS, in order to amend, supplement, change, or modify the Ordinance and map, it is necessary pursuant to Town Law §265 and the Town of Queensbury Zoning Laws to hold a public hearing prior to adopting said proposed amendment, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby acknowledges that the applicant for the proposed rezoning has submitted a Part I Full Environmental Assessment Form, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury shall hold a public hearing, at which time all parties in interest and citizens shall have an opportunity to be heard, upon and in reference to a proposed amendment, supplement, change, and/or modification to the Town of Queensbury Zoning Ordinance and Map described in the preambles of this resolution, and BE IT FURTHER, RESOLVED, that said public hearing shall be held on March 4th, 1996, at 7:00 p.m., at the Queensbury Activities Center, 742 Bay Road, Queensbury, Warren County, New York, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury is hereby authorized and directed to give 10 days notice of said public hearing by publishing the notice presented at this meeting for purposes of publication in an official newspaper of the Town and by posting on the Town bulletin board outside the Clerk's Office said notice, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Executive Director of Community Development to ascertain a list of the names and addresses of all property owners within 500' of the area to be rezoned, and further authorizes and directs the said Executive Director to arrange for notification of the proposed rezoning to all said property owners that a public hearing will be held, mailing to said owners a copy of the Notice of Public Hearing presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs that the Executive Director of Planning, Zoning and Building and Codes to send the Developer's application and a copy of this resolution, together with all other appropriate materials, to the Warren County Planning Board in compliance with General Municipal Law §239-m, and BE IT FURTHER, RESOLVED, that the Executive Director is also hereby authorized and directed to send notice of the public hearing to Warren County, by service upon the Clerk of the Board of Supervisors, and such other communities or agencies that it is necessary to give written notice to pursuant to §265 of the Town Law of the State of New York, the Zoning Regulations of the Town of Queensbury and the Laws of the State of New York, and BE IT FURTHER, RESOLVED, that the Executive Director is hereby authorized and directed to give notice of said public hearing, the proposed rezoning and notify the involved agencies that the Town Board desires to be lead agent and that a SEQRA determination will not be made until after the public hearing, and BE IT FURTHER, RESOLVED, that the Executive Director is also hereby authorized and directed to give notice and refer this matter to the Adirondack Park Agency and Warren County Planning, if necessary or not already done, in accordance with the laws, rules and regulations of the State of New York and the Adirondack Park Agency. Duly adopted this 5th day of February, 1996, by the following vote: AYES: Mrs. Goedert, Mrs. Pulver, Mr. Turner, Mr. Champagne NOES: Mrs. Monahan ABSENT:None