Loading...
2.6 2.6 RESOLUTIONS\LOCAL LAWS&ORDINANCES\SET PUBLIC HEARING\Chapter 179—JP Gross Properties—Change of Zone— Waterfront to Commercial—12-19-2022 RESOLUTION ENACTING LOCAL LAW NO.: OF 2022 TO AMEND CHAPTER 179 "ZONING" OF QUEENSBURY TOWN CODE TO AMEND ZONING MAP TO CHANGE ZONING DISTRICT DESIGNATION OF A PORTION OF TAX MAP PARCEL NO.: 309.17-1-3 RESOLUTION NO.: ,2022 INTRODUCED BY: WHO MOVED FOR ITS ADOPTION SECONDED BY: WHEREAS, JP Gross Properties LLC, LLC QPGP) submitted a zoning change application to the Queensbury Town Clerk's Office on or about August 17, 2022 to allow for a change of zoning district designation of a 4.03 acre portion of land located at 84 Eagan Road identified as Tax Map No.: 309.17-1-3 from Waterfront Residential(WR)to Commercial Light Industrial(CLI), and WHEREAS, the Town Board wishes to consider adoption of Local Law No.: of 2022 to change the zoning district designation for a portion of a parcel identified as Tax Map No.: 309.17-1-3 from Waterfront Residential(WR)to Commercial Light Industrial(CLI) 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 revision"), and WHEREAS, the Town Board, by Resolution No.: 359, 2022, referred the application to the Queensbury Planning Board for SEQRA review and recommendation of the proposed zoning changes in accordance with §179-15-040 of the Town Zoning Ordinance, and WHEREAS, at their meeting of November 15, 2022, the Planning Board accepted SEQRA Lead Agency status and issued a Negative Declaration, and WHEREAS, at the same meeting, the Planning Board also issued a favorable recommendation on the proposed zoning change, and WHEREAS, the Town Board, by Resolution No.: 359, 2022, also referred the application to the Warren County Planning Department for NYS GML §239-m review, and WHEREAS, on October 4, 2022 the Town received a recommendation from the Warren County Planning Department to approve the proposed zoning changes, and WHEREAS, on December 19, 2022, the Town Board duly conducted a public hearing concerning proposed Local Law No.: of 2022 heard all interested parties and closed the public hearing, and WHEREAS, the Town Board has considered the conditions and circumstances of the area affected by the proposed Local Law No.: of 2022 and wishes to consider adoption of Local Law No.: of 2022 in the form substantially presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby adopts Local Law No.: of 2022 to amend Queensbury Town Code Chapter 179, "Zoning," entitled, A Local Law To Amend Chapter 179 `Zoning' of Queensbury Town Code to Amend Zoning Map to Change Zoning District Designation of a Portion of Tax Map Parcel No.: 309.17-1-3" in the form substantially presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to send copies of this Resolution and approved Local Law No.: of 2022 to the Town Planning Board, Town Zoning Board of Appeals, Town Zoning Administrator and Warren County Planning Department in accordance with§179-15-080(D) of the Town Zoning Law, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to submit approved Local Law No.: of 2022 to the New York State Secretary of State for filing in accordance with the provisions of the Municipal Home Rule Law and acknowledges that the Local Law will take effect immediately upon filing by the Secretary of State, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk, Town Zoning Administrator, Senior Planner and/or Town Counsel to take any other actions necessary to effectuate the intent and provisions of this Resolution. Duly adopted this 191h day of December, 2022, by the following vote: AYES NOES ABSENT: LOCAL LAWS & ORDINANCES\ChVter 179-JP Gross Properties - Eagan Road - Waterfront to Commercial Light Industrial - 12-t9-2022 LOCAL LAW NO.: OF 2022 A LOCAL LAW TO AMEND CHAPTER. 179 "ZONING" OF QUEENSBURTY TOWN CODE TO AMEND ZONING MAP TO CHANGE ZONING DISTRICT DESIGNATION OF A PORTION OF TAX MAP PARCEL NO.: 309.174-3 BE IT ENACTED BY THE TO,HW BOARD OF THE TO KW OF QUEENSB URY AS 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 of a 4.03 acre portion of land at 84 Eagan Road from Waterfront Residential (WR) to Commercial Light Industrial (CLI), such property bearing Tax. Map Parcel No.: 309-17- 1 -3 . 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 is old language to be deleted. 1 Silver CitdeLlC Proposed Rezoning ,+ r '�"", �• WR to CLI cu 0,1100 s a�aaaar.xa I o � � oeiren:raer.n�we wtaaieo�uwros t Feet €ac:tea.rtt.ru aw�xalsK.y¢R cnecteuc i ' wv vr.aw�ktoaae.ttaerx ` r, Portion o(pnree)proposed to he . waned from WR to CL! a Gaa.rsnvl ! awrn:arart+sxuxcuuc ' SEL:309.17.4.3 OWNER:JP GROSS PROPEIMES LLC i CLI �` MIRSlA11G Pardon t0 remain WR A{{M `E e M1vry Y. �• h �;, „„� �" rn, ��'�"� r n�r,,,,:�xs x�'���� '"x rw x swn+ ✓«x"ax f E as, ,rpA✓:^aa"i^^,��. dar t c 4w u^c>eroa"'ww�n' / I✓,5" F ;.,�����„, x Silver Circle LLC H �;� .,," t` 6�"`+�yx >!�,f�r'd,`'r't'fixi "rn'Xy^l,n +rx r nx r n {,n � 1'� ,.,a✓.«�v.,, Proposed Rezoning WR t0 CLI ry^,^y zms x 'n.��,�' ft w>t s i 7`b 7^ ✓Q'r^`"/ � k � "1+ yr; � ✓„,ry,,;xwarrae W B � rlrt I t F✓ n �{r�� +? 3 SBL 3aB 20.1 71 �i✓� F OWNER EXIT(BIND PROP HOt0lNOS �' Feet OWNER:11SMVERCIRCLELLC Map P,,d...d by TOQGIS IIQ022i"Pf - .P Portion of parcel proposed to bea ,g rezoned from WR to CLI BaL 309.17-,-,z2 ��,,yy� ✓S 7g� 2^. �yrY')r,. DOWNER 27 SILVER CIRCLE LLCM. �Kri SBL 309 17 1 3 ^4 OWNER JP GROSS PROPERTIES ' r"6, a 'rnti`r*,ar fN ru r I ' u {n E y y r a��Ee� x s 1 � 1 ye�p. �.. MDR � f t d v t "K r CLI rnrr 6, r Portion to rem atn WR r f a L R { « R� � � �- ,nee e� + S;f I x r .y ✓�� � r �`y ("rr r r t. �^ t ,,, � 1rn ° ✓��rl � "YJ �� �� !u+ ��. xruf 1 :fr. ,. " « . ,sr. ;�;✓,i� ,�;f�rx tint�{r,� r«H -,..�,., r � ',�a't+ rr n- tlf s. 9 �.r�+�r,�;,:` >, r" :rt 1 a r` ,,r^ t h ark^+rt'!y t a«n Nf f ✓��� ,r r `, „ :.�r1✓�, f I✓ P nx P✓ r. r! t d ,, r:y Yr,. yr: 11 allr rsr��Rff� .. �` n�"a✓t rr ✓"r a ��� � � �� �' r�x' ^� AA �jr k�q,;u � n ^yt R fir✓ r^ x n rr`^^ s '� n� f!^per, �y�f rf� r ✓'f^r��'�Fy"lyr7 `" 'fir 1rl�r` x , n y x- tyr� ��r' "r✓3 ",y r�^' � �rn � f "' +ffr ✓r;�n r ff`n yq� ;�f "+d m r �, F ?`✓. 'fry t � CY y JFWr�m,t.�r^a '"t,�✓y ' ra ' � Y o, f ,, sff i ff w x., Town or' Qucensbury Cornmunity Developi-nent Office 742 Bay Road. Quccilsbury , NY 12804 Town of Queensbury Planning Board SEQR RESOLUTION — Grant Negative Declaration SITE PLAN 62-2022 & PETITION OF ZONE CHANGE 4-2022 JP GROSS PROPERTIES Tax Map ID: 309. 17- 1 -3, 309. 17- 1 - 17.2 I Property Address: 84 Eagan Rd, 27 Silver Circle I Zoning: WR, CLI The applicant proposes a lot fine adjustment of a 6.03 acre parcel which would reduce the parcel 's size to 2.00 acres in the WR zone. The remaining 4.03 of the parcel would be merged with the adjoining CLI parcel. The project includes a request to rezone the 4.03 acre parcel from WR to CLI. Pursuant to chapter 179-3-040, site plan review for development of the 4.03 acre portion of the property for outside gravel storage and stormwater management shall be subject to Planning Board review and approval. Pursuant to chapter 179-9-040, referral from the Town Board where the Planning Board is to complete the SEAR and provide a recommendation to the Town Board, Pursuant to chapter 179-3-040, site plan for new use in an industrial zone shall be subject to Planning Board review and approval upon completion of rezoning. The Planning Board will accept lead agency, review SEAR, and provide recommendation. The proposed action considered by this Board is a Type I in the Department of Environmental Conservation Regulations implementing the State Environmental Quality Review Act and the regulations of the Town of Queensbury; No Federal or other agencies are involved; Part l of the Long EAF has been completed by the applicant; Upon review of the information recorded on this EAF, it is the conclusion of the Town of Queensbury Planning Board as lead agency that this project will result in no significant adverse impacts on the environment, and, therefore, an environmental impact statement need not be prepared. Accordingly, this negative declaration is issued. MOTION TO GRANT A NEGATIVE DECLARATION FOR SITE PLAN NO. 62-2022 & PETITIN OF ZONE CHANGE 4-2+022 JP GROSS PROPERTIES. Introduced by Michael Dixon who moved for its adoption. As per the resolution prepared by staff. 1 . Part II of the Long EAF has been reviewed and completed by the Planning Board. 2_ Part III of the Long EAF is not necessary because the Planning Board did not identify potentially moderate to large impacts. Motion seconded by Brad Magowan_ Duly adopted this 15' day of November 2022 by the following vote: AYES . Mr. Stark, Mr. Magowan, Mr. Etu, Mr. Deeb, Mr. Dixon, Mr. Longacker, Mr. Traver NOES : NONE Phone: 5 19. 761 .8220 , Fax: 51 8.745 .44 +7 j 742 Bay Road, Queensbury, NY 12804 i 'w'ww_que :nsbur'y'.net J To" n of Queenshurl, Community Development 01'fice . .....k 742 Bay Road. Queensburv- Nor' 12804 Town of Queensbury Planning Board RESOLUTION —ACKNOWLEDGE LEAD AGENCY STATUS IN CONNECTION WITH SITE PLAN 62-2022 & PETITION OF ZONE CHANGE 4-2022 JP GROSS PROPERTIES Tax Map ID: 309. 17- 1 -3 , 309. 17- 1 - 17.2 / Property Address: 84 Eagan Rd, 27 Silver Circle/ Zoning: WR, CL[ WHEREAS, the applicant proposes a lot line adjustment of a 6.03 acre parcel which would reduce the parcel's size to 2.00 acres in the WR zone. The remaining 4.03 of the parcel would be merged with the adjoining CLI parcel. The project includes a request to rezone the 4.03 acre parcel from WR to CLI. Pursuant to chapter 179- 3-040, site plan review for development of the 4.03 acre portion of the property for outside gravel storage and stormwater management shall be subject to Planning Board review and approval. Pursuant to chapter 179-9- 040, referral from the Town Board where the Planning Board is to complete the SEQR and provide a recommendation to the Town Board. Pursuant to chapter 179-3-040, site plan for new use in an industrial zone shall be subject to Planning Board review and approval upon completion of rezoning. The Planning Board will accept lead agency, review SEQR, and provide recommendation. WHEREAS, the Planning Board of the Town of Queensbury has determined to begin an environmental review process under the State Environmental Quality Review Act (SEQRA). WHEREAS, in connection with the project, the Town of Queensbury Planning Board, by resolution, previously authorized the Community Development Office to notify other involved agencies of the desire of the Town Board to conduct a coordinated SEQR review; WHEREAS, the Zoning Administrator has advised that other involved agencies have been notified and have consented to the Town of Queensbury Planning Board being lead agency; NOW, THEREFORE BE IT RESOLVED: MOTION TO ACKNOWLEDGE LEAD AGENCY STATUS IN CONNECTION WITH SITE PLAN 62- 2022 & PETITION OF ZONE CHANGE 4-2022 JP GROSS PROPERTIES, Introduced by Michael Dixon who moved for its adoption, seconded by Warren Longacker. As per the draft resolution prepared by staff. Duly adopted this 15k1i day of November 2022 by the following vote: AYES : Mr. Longacker, Mr. Stark, Mr. Magowan, Mr. Etu, Mr. Deeb, Mr. Dixon, Mr. Traver NOES : NONE Phone: S 18. 76 1 .8220 1 Fax: : 18.745.44+ 7 i 742 Bay Road, Queensbury. : Y 12804 1 wkvw.queensbury. net t Down of Qucensbui-y 0... ......... L Community DCVeiopment Office 7=42 I3ay Road. Quee11s6urv. NY' 12804 Town of Queensbury Planning Board RESOLUTION -Planning Board Recommendation to the Town Board for Zoning Change Change from Waterfront Residential to Commercial Light Industrial SITE PLAN 62-2022 & PETITION OF ZONE CHANGE 4-2022 JP GROSS PROPERTIES Tax Map ID: 309. 17- I -3 , 309. I7- 1 - 17.2 /Address: 84 Eagan Rd, 27 Silver Circle / Zoning: WR, CLI WHEREAS, the applicant proposes a lot line adjustment of a 6.03 acre parcel which would reduce the parcel 's size to 2.00 acres in the WR zone. The remaining 4.03 of the parcel would be merged with the adjoining CLI parcel. The project includes a request to rezone the 4.03 acre parcel from WR to CLI. Pursuant to chapter € 79- 3-040, site plan review for development of the 4.03 acre portion of the property for outside gravel storage and stormwater management shall be subject to Planning Board review and approval. Pursuant to chapter 179-9- 040, referral from the Town Board where the Planning Board is to complete the SEQR and provide a recommendation to the Town Board. Pursuant to chapter 179-3-040, site plan for new use in an industrial zone shall be subject to Planning Board review and approval upon completion of rezoning_ The Planning Board will accept [cad agency, review SEAR, and provide recommendation. WHEREAS, the Town of Queensbury Town Board is proposing a zoning change to commercial light industrial . The Town Board referred this proposed change to the Planning Board for an advisory recommendation pursuant to Section 179- 15-020, resolution number 359, 2022 dated on September 26, 2022; MOTION FOR RECOMMENDATION TO THE TOWN BOARD AS FAVORABLE FOR ZONING CHANGE FROM WATERFRONT RESIDENTIAL TO COMMERCIAL LIGHT INDUSTRIAL FOR SITE PLAN NO. 62-2022 a'I"[ PETITION OF ZONE CHANGE 4-2022 JP GROSS PROPERTIES The Planning Board based on limited review has not identified any significant adverse impacts that cannot be mitigated with this proposal. Introduced by Michael Dixon who moved for its adoption. Motion seconded by Warren Longacker. Duly adopted this 15111 day of November 2022 by the following vote: AYES : Mr. Magowan, Mr. Etu, Mr. Deeb, Mr. Dixon, Mr. Longacker, Mr. Stark, Mr. Traver NOES : NONE Phone: 5 18.76 1 .8220 ; Fax ] 8.745A4 17 ; 742 Bay Road, Queensbury, NY 12804 ; www.queensbury.net Reviewed by Department on Friday, September 30, 2022 Warren County Planning Department 002022.9 Project Review and Referral Form Project Name: Town of Queensbury- JP Gross, LLC Owner: Town of Queensbury ID Number: QBY-22-LL �}'� County Project#: Oct2022-9 Current Zoning: Community: Queensbury t_ Project Description: Applicant ,proposes resolution authorizing Town Clerk to submit JP Gross Properties, LLC's petition for change of zone for tax map no. 309.17- 1 -3 from Waterfront Residential (WR) to Commercial Light Industrial (CL!). F n: mbers; ning Recommendation: Informal Staff Comments: Local actions to date (if any); Local Action/Final Disposition: 9/30/2022 Warren County Planning Department Date Signed Local Official Date Signed PLEASE RETURN THIS FORM TO THE WARREN COUNTY PLXNNINC; DEPARTMENT WITHIN I© DAYS OF FINAL ACTION RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. OF 2022 TO AMEND CHAPTER 179 " ZONING" OF QUEENSBURY TOWN CODE TO AMEND ZONING MAP TO CHANGE ZONING DISTRICT DESIGNATION OF A PORTION OF TAX MAP PARCEL NO.: 309.17-1 -3 RESOLUTION NO.: 439, 2U22 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, JP Gross Properties LLC, LLC (JPGP) submitted a zoning change application to the Queensbury Town Clerk's Office on or about August 17, 2022 to allow for a change of zoning district designation of a 4.03 acre portion of land located at 84 Eagan Road identified as Tax Map No.: 309. 17- 1 -3 from Waterfront Residential (WR) to Commercial Light Industrial (CLI), and WHEREAS, the Town Board wishes to consider adoption of Local Law No. : _ of 2022 to change the zoning district designation for a portion of a parcel identified as Tax Map No.: 309. 17- 1 -3 from Waterfront Residential (WR) to Commercial Light Industrial (CLI) 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 revision"), and WHEREAS, the Town Board, by Resolution No. : 359, 2022, referred the application to the Queensbury Planning Board for SEQRA review and recommendation of the proposed zoning changes in accordance with § 179- 15-040 of the Town Zoning Ordinance, and WHEREAS, at their meeting of November 15 , 2022, the Planning Board accepted SEQRA Lead Agency status and issued a Negative Declaration, and WHEREAS, at the same meeting, the Planning Board also issued a favorable recommendation on the proposed zoning change, and i' WHEREAS, the Town Board, by Resolution No. : 359, 2022, also referred the application to the Warren County Planning Department for NYS GML §239-m review, and WHEREAS, on October 4, 2022 the Town received a recommendation from the Warren County Planning Department to approve the proposed zoning changes, 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 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, December 19t", 2022 to hear all interested persons concerning the proposed revisions to the Town's Zoning Code and enactment of "Local Law No . :� of 2022 A Local Law To Amend Chapter 179 `Zoning' of Queensbury Town Code to Amend Zoning Map to Change Zoning District Designation of a Portion of Tax Map Parcel No. : 309. 17- 1 -3," 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 further 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 or 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, Director of Planning, Zoning and Code Enforcement, Senior Planner 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. Duty adopted this 5111 day of December, 2022, by the following vote: AYES Mr. Ferone, Mr. Strough, Mr. Metivier, Mr_ Freer NOES None ABSENT- Mr. McNulty