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357.96 RESOLUTION APPROVING THE INDIAN RIDGE PLANNED UNIT DEVELOPMENT RESOLUTION NO.: 357.96 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, on or about March 29, 1996, Michael J. Vasiliou, Inc., submitted a letter of intent together with an Environmental Assessment Form with exhibits and requested that certain parcels of land bearing tax map numbers: 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 District be designated a Planned Unit Development, to be known as the Indian Ridge PUD (hereinafter referred to as the "Planned Unit Development"), in accordance with, and by virtue of, the provisions of Article 8 of the Zoning Laws of the Town of Queensbury, the same being a part of Chapter 179 of the Code of the Town of Queensbury, and WHEREAS, the proposal presented requested that the Town Board of the Town of Queensbury legislate and rezone the aforesaid area to allow the establishment of a Planned Unit Development which would generally consist of a maximum of 111 single family lots, 9 multi-family lots (18 duplex units), 7.1 acres for senior apartments (61 units), and a 1 acre site for limited commercial uses, and WHEREAS, on or about the 27th day of December, 1995, the Town Board of the Town of Queensbury adopted a resolution indicating its desire to be lead agency for SEQRA purposes and authorizing notification of all other involved agencies that the aforesaid letter of intent and application for the Planned Unit Development had been made, and WHEREAS, on or about the 14th day of May, 1996, the Planning Board for the Town of Queensbury adopted a resolution whereby it recommended a favorable report for the PUD to the Town Board with the condition that the single family lots be sized at a minimum of one-half acre, and WHEREAS, on or about February 14, 1996, the Warren County Planning Board reviewed the Planned Unit Development and consented to the Town Board of the Town of Queensbury being the lead agency for SEQRA review purposes, and also recommended approval of the Planned Unit Development, and WHEREAS, in accordance with §179-57 D. of the Code of the Town of Queensbury, the Town Board of the Town of Queensbury held a public hearing on the proposed Planned Unit Development on June 17, 1996, and 2 NOW, THEREFORE, BE IT RESOLVED, that the proposed Indian Ridge Planned Unit Development meets the purposes and objectives and all of the provisions and requirements of Article 15 of the Town of Queensbury Zoning Ordinance, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury, pursuant to Article 8 of the Town of Queensbury Zoning Ordinance and legislative authority, and subject to the specific conditions and requirements set forth herein below, hereby approves, enacts, adopts, and creates the Indian Ridge Planned Unit Development District on approximately 140 acres of land in the Town of Queensbury, the boundaries of which are set forth on a map and plan prepared by Miller Associates Landscape Architects and VanDusen & Steves, Land Surveyors, entitled, "Master Plan" dated and last revised on June 28, 1996, the same being presented at this meeting, directed to be filed in the Town Clerk's Office, and being incorporated herein for all purposes. The Planned Unit Development is generally described as a developed area of approximately 78.45 acres consisting of a maximum of one-hundred and eleven (111) single family lots, nine (9) duplex lots, sixty- one (61) senior apartments, and a one (1) acre limited commercial 3 site, and undeveloped areas consisting generally of approximatly 61.55 acres to be set aside for conservation, passive recreation and buffer areas. and BE IT FURTHER, RESOLVED, that this resolution shall not take effect until the final execution of a Planned Unit Development Agreement by Michael J. Vasiliou, Inc., and the Town of Queensbury, which Agreement shall incorporate all elements of this Resolution and set forth such other and further details and restrictions of development of the Planned Unit Development as shall be required by the Town Board, and BE IT FURTHER, RESOLVED, that this resolution and the rezoning of subject property shall be subject to the filing and recording in the Warren County Clerk's Office of a Declaration of Covenants and Restrictions setting forth all conditions hereof and executed by an authorized official of the Developer and the Town of Queensbury, and BE IT FURTHER, 4 RESOLVED, that the Zoning Map of the Town of Queensbury is hereby amended to provide for the creation and redistricting of the lands contained and set forth as the Indian Ridge Planned Unit Development, and BE IT FURTHER, RESOLVED, that the Town Clerk shall, within five days, cause a summary of this legislation to be published in the Glens Falls Post-Star, obtain an affidavit of such publication, and post the same upon the Town Clerk's Bulletin Board, and BE IT FURTHER, RESOLVED, that this Amendment to the Zoning Ordinance and Laws of the Town of Queensbury shall take after publication of a summary of this legislation in the Post-Star as indicated above and such later date as is required by the terms and provisions of this authorizing resolution and legislation. Duly adopted this 19th day of August, 1996, by the following vote: AYES : Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES : None ABSENT: None 5