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4.22 4.22 LOCAL LAWS\SET PUBLIC HEARING\Chapter 179—Rt 9—Montray Sweet Roads—Commercial Mod to Comm Intensive—5-16-2022 RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. OF 2022 TO AMEND CHAPTER 179 "ZONING" OF QUEENSBURY TOWN CODE TO AMEND ZONING MAP RESOLUTION NO. ,2022 INTRODUCED BY: WHO MOVED FOR ITS ADOPTION SECONDED BY: WHEREAS, the Queensbury Town Board wishes to change the zoning district designation of four (4) parcels located on the east side of Route 9-Fietween Montray Road and Sweet Road:from Commercial Moderate (CM) to Commercial Intensive (CI) as presented at this Town Board meeting, including a proposed revision to the Town's Zoning Map associated with the Zoning Code (collectively, the "proposed zoning revisions"), and WHEREAS, in accordance with General Municipal Law §239-m, before enacting the proposed zoning revisions the Town must first refer them to the Warren County Planning Board for its recommendations, and WHEREAS, the proposed zoning revisions must undergo an environmental review pursuant to the State Environmental Quality Review Act (SEQRA) prior to adoption and enactment,and WHEREAS, the Town Board wishes to be Lead Agency for the required SEQRA environmental review. and has prepared Part I of a Short Environmental Assessment Form (EAF) for use in the environmental review, and WHEREAS, Municipal Home Rule Law §20 requires the Town Board to hold a public hearing prior to the adoption of any Local Law; NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Clerk to forward a copy of the proposed zoning revisions, together with a copy of the completed Part I of the Short EAF, to the Warren County Planning Board for its review and recommendations, and BE IT FURTHER, RESOLVED, that the Town Board hereby declares its intention to be Lead Agency for SEQRA review of the proposed zoning revisions and directs the Town Clerk to send a copy of the proposed zoning revisions, together with a copy of the completed Part 1 of the Short EAF, and a certified copy of this Resolution stating the Town Board's intention to be Lead Agency for SEQRA review,to any other Involved Agencies as required by law, and BE IT FURTHER, RESOLVED, that the Town Board shall meet and, hold a Public Hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m..on Monday, June 13'' 2022 to hear all interested persons concerning the proposed revisions to the Town's Zoning Code and enactment of Local Law No.: of 2022 to Amend Queensbury Town Code Chapter 179 "Zoning," and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to provide the public with at least 10 days' prior notice of the Public Hearing by causing a Notice of Public Hearing to be timely published in the Town's official newspaper and by posting the Notice of Public Hearing on the Town's web site and bulletin board at least 10 days before the date of the Public Hearing, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Clerk to send copies of the Notice of Public Hearing, together with copies of the proposed zoning revisions, if required,.'to any public officials, agencies or municipalities, in accordance with any applicable State Laws or Town Code provisions, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to make a copy of the proposed zoning revisions (including a proposed revision to the Town's Zoning Map associated with the Zoning Code) available for public inspection during regular business hours of the Clerk's office, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Town Clerk and/or Town Counsel.to take such other actions and give such other notice as may be necessary in preparation for the Town Board to lawfully adopt proposed Local Law No.: of 2022. Duly adopted this 16`l'day of May, 2022, by the following vote: AYES: NOES: ABSENT: LOCAL LAWS\Chapter 179 Route 9 Between Montray Sweet Roads—Commercial Moderate to Commercial Intensive—6-13-2022 LOCAL LAW NO.: OF 2022 A LOCAL LAW TO AMEND CHAPTER 179 "ZONING" OF QUEENSBURY TOWN CODE TO AMEND ZONING MAP BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURYAS FOLLOWS. SECTION 1. Queensbury Town Code Chapter 179, "Zoning,"-is hereby amended by amending the official Town Zoning Map to reflect a change of zoning district designation for four (4) parcels located on the east side of Route 9 between Montray Road and Sweet Road from Commercial Moderate to Commercial Intensive, such properties bearing the following tax tap parcel numbers: • 267.17-1=45 • 267.17-1-46.2 • 267.17-1-47 • 267.17-1-49 SECTION 2. The Map appended to this Local Law is hereby adopted as the official Town Zoning Map of the Town of Queensbury and supersedes the previously adopted Town Zoning Map. SECTION 3. The invalidity of any clause, sentence, paragraph or provision of this Local Law shall not invalidate any other clause, sentence,paragraph or part.thereof. SECTION 4. All. Local Laws or Ordinances or parts of Local Laws or Ordinances in conflict with any part of this Local Law are hereby repealed. SECTION 5. This Local Law shall take effect immediately upon filing in the Office of the New York Secretary of State as provided in New York State Municipal Home Rule Law§27. Note: Language in bold italics is new language to be added; Language with tine ,a,..,.•m thro g is old language to be deleted. 1 Route 9/Sweet Rd Proposed Rezoning = CM to CI MDI MDR fry Parcels to be Rezoned CM to Cl �Q- N O W E 0 150 300 Feet , Map Produced byTOQGIS:5/2022 '1 :l ¢ ;= SBL:,296.17-1=45 CL OWNER,UGHN,JAROSZ, , 4 J r 4 . •V'V.v � .� y f R mpg b (OWNER:'QUEENSBURY� r % .LODGING,�'LLC; k F ,, . CAM SBL:.296.17-1-47 i OWNER:EVEREST Fy ° 'ENTERP,RISES,'LLC~ J *t #; ed i' SBL:;296.17 1'4 'r Short Environmental Assessment Form Part I -Project Information Instructions for Completing Part 1—Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1.You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1—Project and Sponsor Information Name of Action or Project: Change of zoning district designation for four(4)parcels on the east side of Route 9 between Montray and Sweet roads. Project Location(describe,and attach a location map): See attached map. Brief Description of Proposed Action: Adoption of a local law amending the official Town Zoning Map to reflect a change of zoning district designation for four(4)parcels located on the east side of Route 9 between Montray Road and Sweet Road from Commercial Moderate to Commercial Intensive,such properties bearing the following tax tap parcel numbers: •267.17-1-45 •267.17-146.2 •267.17-147 •267.17-1-49 Name of Applicant or Sponsor: Telephone: (518)761-8229 Town Board,Town of Queensbury E-Mail: QbySupervisor@queensbury.net Address: 742 Bay Road City/PO: State: Zip Code: Queensbury NY 12804 1. Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that ❑ may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the.proposed action require a permit,approval or funding from any other government Agency? NO YES If Yes,list agency(s)name and permit or approval:Warren County Planning Dept.GLM 239-m review ❑ 3. a.Total acreage of the site of the proposed action? 6.35 acres b.Total acreage to be physically disturbed? 6.35 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 0 acres 4. Check all land uses that occur on,are adjoining or near the proposed action: 5. ❑✓ Urban ❑ Rural(non-agriculture) ❑ Industrial ❑✓ Commercial ❑ Residential(suburban) ❑Forest ❑ Agriculture ❑ Aquatic ❑ Other(Specify): ❑Parkland Page 1 of 3 5. Is the proposed action, NO YES N/A a. A permitted use under the zoning regulations? ❑ ❑ R] b. Consistent with the adopted comprehensive plan? ❑ Z ❑ NO YES 6. Is the proposed action consistent with the predominant character of the existing built or natural landscape? ❑ ❑✓ 7. Is the site of the proposed action located in;or does-it adjoin,a state listed Critical Environmental Area?" NO YES If Yes,identify: ❑ NO YES 8. a. Will the proposed action result in a substantial increase in traffic above present levels? ❑ ❑ b. Are public transportation services available at or near the site of the proposed action? El c. Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed ❑ action? 9. Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: ❑� ❑ 11. Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: 12. a.Does the project site contain,or is it substantially contiguous to,a building,archaeological site,or district NO YES which is listed on the National or State-Register of Historic Places,or that has been determined by the . ❑ Commissioner of the.NYS Office of Parks,Recreation and Historic Preservation to be eligible for fisting on the State Register of Historic Places? b.Is the project site,or any portion of it,located in or adjacent to an area designated as sensitive for ❑ archaeological sites on the NY State Historic Preservation Office(SHPO)archaeological site inventory? 13. a. Does any portion of the site of the proposed action,.or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? ❑ b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? ❑ If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: Page 2 of 3 7 14. Identify the typical habitat types that occur on,or are likely to be found on the project site.Check all that apply: ❑Shoreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional ❑Wetland ❑ Urban R1 Suburban - 15. Does the site of the proposed action contain any species of animal,or associated habitats,listed by the State or NO YES Federal government as threatened or endangered? ❑ ❑ 16. Is the project site located in the 100-year flood plan? NO YES 17. Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, ❑ a. Will storm water discharges flow to adjacent properties? ❑✓ ❑ b. Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? ❑ If Yes,briefly describe: 18. Does the proposed action include construction or other activities that would result in the impoundment of water NO YES or other liquids(e.g.,retention pond,waste lagoon,dam)? If Yes,explain the purpose and size of the impoundment: ❑ ❑ 19. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste NO YES management facility? If Yes,describe: ❑ ❑ 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: ❑ ❑ An adjacent property at the SE comer on Montray Road and Route 9 was previously had a bulk petroleum storage tank. Tank removed and site is currently unregulated. I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor/name: Town Board,Town of Queensbury Date:5/11/2022 Signature: Title:Town Supervisor PRINT FORM Page 3 of 3 o' EAF Mapper Summary Report Wednesday, May 11,2022 2:34 PM Disclaimer: The EAF Mapper is a screening tool intended to assist �'" - .u ..�--. '. • - , project sponsors and reviewing agencies In preparing an environmental . assessment form(EAF).Not all questions asked in the EAF are ,:p• answered by the EAF Mapper.Additional information on any EAF question can be obtained by consulting the EAF Workbooks. Although } tFt 7s L i f? j_ the EAF Mapper provides the most up-to-date digital data available to DEC,you may also need to contact local or other data sources in order r " = to obtain data not provided by the Mapper.Digital data is not a _ substitute for agency determinations. } c '0 G _ - ., a td-on n cal . - . . '�� Toronto.• . . �, I 1 i ,1J �liin u c 1t to a!h-rtry .6c,-tcn _^t?i•r t - PrVJdence t,,• QUG'@I1Sil]IIC�! , ', rcrk r. rnlu7tnir rl tLTg1 P11 lade 1phia Ea�lt�iin I IS S Into2ltr»Ip.If IC REMEr1TF I lF 61.1;Esii J aI-I r:1ETi E d rlS u1i tl r.,iig Krn16c(i E n i I;1EriTF,ttdfl to E;tt j115, i tEn E.11 -hina Nc f:onc(i;Esli 115� r E ttl i��llrll.ti;Vil pry`it�i,`�i,t;'� tJ1rll :�l7tiil�i-Itors;al7cl�thrCISU._ r��lnnitu7i �ia?n�i, ,15b ti�l���ntlibJrt ��ik�lyiatil,7r`=C;I.IserComintn�ity Part 1 /Question 7 [Critical Environmental 'No Area] Part 1 /Question 12a [National or State No . Register of Historic Places or State Eligible Sites] Part 1 /Question 12b [Archeological Sites] Yes Part 1 /Question 13a[Wetlands or Other No Regulated Waterbodies] Part 1 /Question 15 [Threatened or No Endangered Animal] Part 1 %Question 16[100 Year Flood Plain] Digital mapping data are not available or are incomplete. Refer to EAF •Workbook. Part 1 /Question 20 [Remediation Site] .Yes Short Environmental Assessment Form- EAF Mapper Summary Report l