308.96
RESOLUTION TO SET PUBLIC HEARING
ON PROPOSED AMENDMENT TO ZONING ORDINANCE -
REGARDING MODIFICATION OF EXISTING PLANNED
UNIT DEVELOPMENT - ALAN OPPENHEIM, ACO PROPERTY ADVISORS,
INC./HUDSON POINTE, INC.
RESOLUTION NO. 308.96
INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Carol Pulver
WHEREAS, the Town Board of the Town of Queensbury is
considering an amendment, supplement, change, and/or modification
to the Town of Queensbury Zoning Ordinance and map, and more
specifically, considering an amendment to the existing Hudson
Pointe Planned Unit Development whereby a parcel of land owned by
Hudson Pointe, Inc. known as Tax Map No. 148-1-2.1 located in the
vicinity of 777 Corinth Road in the Town of Queensbury would be
changed from the current zoning of SR-1A (Suburban Residential - 1
Acre) to allow the extension of the Hudson Pointe Planned Unit
Development (PUD) zoning district in such a manner that the above-
referenced parcel would be included in the PUD, with the following
restrictions and/or conditions:
Lot Number/Size:
The lot is limited to its existing
size. Subdivision of the lot is prohibited.
Minimum Frontage on Public Road:
Forty (40) feet. The
commercial lots to be created along Corinth Road may
front on a road over the sixty foot (60') ROW. The road
servicing these lots shall be constructed to the Town
standard by the developer of the new commercial lots.
Access to the lot shall be through the road within the
sixty-foot (60') right-of-way only.
Minimum Yard Setbacks:
One Acre Lot:
Front - Thirty feet (30')
Side - The sum of the side yards shall
equal thirty feet (30') or more
with a ten foot (10') minimum.
Rear - twenty feet (20')
Minimum Permeable Area of Lot (%):
Fifty percent (50%)
Maximum Building Height: Forty feet (40')
Permitted Principal Uses:
Convenience store with gasoline pumps and no
automobile sales or repair; grocery store;
bank; hardware store; professional office
including beauty shop. All of the above uses
in designated commercial areas are allowed
upon site plan review and approval by the
Planning Board.
Permitted Accessory Uses:
Customary accessory uses and accessory use
structures incidental to a permitted principal
use.
Density:
One principal building up to 7,500 square foot in
size per lot.
Green Space:
The developer(s) shall provide an area
equivalent to percent (10%) of the overall
gross lot area or 2,178 square feet, whichever
is greater, to planted green space. To the
extent that the green space is not contained
in any required buffer areas, the green space
shall be located in each front yard of the
lot. Landscaping of this area shall be
subject to review by the Town Beautification
Committee and Planning Board Site Plan review
and approval.
Buffer Area:
2
A buffer area consistent with the requirements outlined
in §179-72 shall be provided. The buffer area shall
also include plantings and berming to sufficiently
screen and obstruct the visual impacts associated with
the permitted uses of the parcel. Planting and berming
of the buffer area shall occur in two phases. The first
phase will establish plantings as illustrated on the map
dated _____________. These plantings are to be
installed by ______, 1996. Phase Two of the planting
and berming program shall occur with the site plan
review process by the Town Planning Board.
Declaration of Covenants and Restrictions:
The execution by Developer of a Covenant of
Declarations and Restrictions which restrict
and limit the use of the property as indicated
above and which may only be changed or
modified by Town Board approval, thus
modifying the existing Zoning Ordinance and
Map;
and
WHEREAS, on or about May 20, 1996, the Town Board of the Town
of Queensbury adopted a resolution authorizing the submission of a
request for rezoning of certain property owned by Hudson Pointe,
Inc., in the vicinity of 777 Corinth Road, 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 18th day of June, 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 Warren County Planning Board recommended
approval, concurring with local conditions, of the requested
rezoning, and
WHEREAS, in order to so amend, supplement, change, or modify
3
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 Short Environmental Assessment Form and a number
of exhibits, 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 August
5th, 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
4
BE IT FURTHER,
RESOLVED, that the Town Board of the Town of Queensbury hereby
authorizes and directs the Executive Director of Planning, Zoning,
and Building & Codes 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 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
5
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 15th day of July, 1996, by the following
vote:
AYES : Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr.
Champagne
NOES : None
ABSENT: None
6