4.13 4.13
RESOLUTIONS\LOCAL LAWS\SET PUBLIC HEARINGS\Chapter 179—Garden world—Change of Zone—MDR to Cl—12-19-2022
RESOLUTION SETTING PUBLIC HEARING ON PROPOSED
LOCALLAW NO. OF 2023 TO AMEND CHAPTER 179 "ZONING"
OF QUEENSBURY TOWN CODE TO AMEND ZONING MAP
TO CHANGE ZONING DISTRICT DESIGNATION FOR
TAX MAP PARCEL NO.: 302.5-1-49
RESOLUTION NO.: 12022
INTRODUCED BY:
WHO MOVED FOR ITS ADOPTION
SECONDED BY:
WHEREAS, Garden World Associates, LLC (GWA) submitted a zoning change application
to the Queensbury Town Clerk's Office on or about September 7, 2022 to allow for a change of
zoning district designation for a parcel identified as Tax Map No: 302.5-1-49 from Moderate Density
Residential (MDR) to Commercial Intensive (CI), and
WHEREAS, GWA has also submitted an application to the Planning Board for Site Plan
Review approval to construct a new parking area on said parcel to support the adjacent business, and
WHEREAS, GWA has also submitted an application to the Zoning Board of Appeals
regarding permeability requirements of the proposed development of the subject lot in consolidation
with the adjacent business, and
WHEREAS, the Town Board, by Resolution No.: 334, 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 29, 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.: 334, 2022, also referred the application
to the Warren County Planning Department for NYS GML §239-m review, and
WHEREAS, on December 15, 2022 the Town received a recommendation from the
Warren County Planning Department dated 9/15/2022 to approve the proposed zoning changes,
and
WHEREAS, the Town Board wishes to consider adoption of Local Law No.: of 2023
to change the zoning district designation for a portion of a parcel identified as Tax Map No.: 302.5-
1-49 from Moderate Density Residential (MDR) 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 revision"), 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, January 23ra
2023 to hear all interested persons concerning the proposed revisions to the Town's Zoning Code
and enactment of"Local Law No.: of 2023 A Local Law To Amend Chapter 179 `Zoning' of
Queensbury Town Code to Amend Zoning Map to Change Zoning District Designation For Tax
Map Parcel No.: 302.5-1-49,"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
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.
Duly adopted this 191h day of December, 2022, by the following vote:
AYES
NOES
ABSENT:
RESOLUTION AUTHORIZING TOWN CLERK TO SUBMIT
GARDEN WORLD ASSOCIATES LLC'S PETITION FOR CHANGE OF
ZONE TO QUEENSBURY PLANNING BOARD
RESOLUTION NO.: 334, 2022
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTI€lN
SECONDED BY: Mr. Harrison Freer
WHEREAS, Garden 'World Associates, LLC (GWA) submitted a zoning change
application to the Queensbury Torun Clerk's Office on or about September 7, 2022 to allow
for a change of zoning district designation for a parcel identified as Tax Map No: 302.5- 1 -49
from Moderate Density Residential (MDR) to Commercial Intensive (CI), and
WHEREAS, GWA has also submitted an application to the Planning Board for Site
Plan Review approval to construct a new parking area on said parcel to support the adjacent
business, and
WHEREAS, GWA has also submitted an application to the Zoning Board of Appeals
regarding permeability requirements of the proposed development of the subject lot in
consolidation with the adjacent business, and
WHEREAS, the application has been reviewed by the Town's Senior Planner and
deemed complete for purposes of review, and
WHEREAS, applications for zoning changes are subject to Warren County Planning
Department review in accordance with New York State General Municipal Law §239-m, and
WHEREAS, applications for zoning changes may be forwarded to the Town Planning
Board for recommendations in accordance with § 179- 15-040 of the Town Zoning. Ordinance,
and
WHEREAS, following such recommendations, the Town Board will review the
application and take such other actions as it shall deem necessary and proper, and
WHEREAS, prior to making a decision about whether to approve the zoning change,
it is necessary to conduct a review under the New York State Environmental Quality Review Act
(SEQRA) for potential environmental effects,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby requests that the Planning Board
seek Lead Agency status for SEQRA review of the proposed zoning change, Site Plan Review
and zoning variance approvals requested by GWA as delineated in the preambles of this
Resolution, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to
forward GWA's application received by the Town Clerk's Office on or about September 7,
2022 to the Queensbury Planning Board for review, report and recommendation on the
proposed zoning change, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Clerk to
submit the application to the Warren County Planning Department for NYS GML §239-m
review, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor
to execute any necessary documentation and the Town Supervisor, Town Clerk and/or
Department of Community Development to take any other necessary actions to effectuate the
terms of this Resolution.
Duly adopted this 12th day of September, 2022 by the following vote:
AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr_ Strough
NOES None
ABSENT. Mr. McNulty
Town or Queensbury
Community Development Office
742 Bay Road. Queensbury. NY 12804
Town of Queensbury Planning Board
SEQR RESOLUTION — Grant Negative Declaration
SITE PLAN 69-2022, PETITION OF ZONE CHANGE 5-2022 & AREA VARIANCE NO. 50-2022
GARDEN WORLD ASSOCIATES
Tax Map ID: 302.5- 1 -49, 302.5- 1 -501 Property Address: 2 Carlton Dr., 537 Aviation Rd I Zoning: MDR, Cl
The applicant proposes a change of zone for a 0.32 acre parcel at 2 Carlton Dive identified as Parcel # 302.5- 1 -
49 from Moderate Density Residential to Commercial Intensive. The project also includes a parking lot
expansion of a 0.76 acre parcel at 537 Aviation Road with the 0.32 acre parcel. The project includes associated
site work to increase parking to 86 spaces. The project also includes a parcel merge. Pursuant to chapter t79-3-
040, 179- 15-040, petition of zone change, Town Board referral, SEQR for petition of zone change and parking
expansion, Zoning Board of Appeals for variance relief and Planning Board recommendation shall be subject to
Planning Board review and approval. The Planning Board may accept lead agency, review SEQR and provide
recommendation. Variance: Relief is sought for permeability.
The proposed action considered by this Board is 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;
Pare 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 69-20224 PETITION OF
ZONE CHANGE 5-2022 & AREA VARIANCE NO. 50-2022 GARDEN 'WORLD ASSOCIATES.
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 Warren L.ongacker. Duly adopted this 29th day of November 2022 by the following vote:
AYES: Mr. Dixon, Mr. Longacker, Mr. Stark, Mr. Magowan, Mr. Etu, Mr. Deeb, Mr. Traver
NOES : NONE
Phoney 518.761 .8220 1 Fax-. 518.745 .44.37 i 742 Bay Road, Queensbury, NY 12804 ', WWWqueensbury.net
-rowvn ofQueensbuty
CornML1111ty DCVelapmellt Office
742 Bay Road. QueensbM.y . NY" 12804
Town of Queensbury Planning Board
RESOLUTION -Planning Board Recommendation to the Town Board for Zoning Change
from Moderate Density Residential to Commercial Intensive
SITE PLAN 69-2022, PETITION OF ZONE CHANGE 5-2022 & AREA VARIANCEE NO. 50-2022
GARDEN WORLD ASSOCIATES
Tax Map ID: 302.5- 1 -49, 302.5- 1 -50 /Address: 2 Carlton Dr., 537 Aviation Rd / Zoning: MDR, Cl
WHEREAS, the applicant proposes a change of zone for a 0.32 acre parcel at 2 Carlton Dive identified as
Parcel # 302.5- I -49 from Moderate Density Residential to Commercial Intensive. The project also includes a
parking lot expansion of a 0.76 acre parcel at 537 Aviation Road with the 0.32 acre parcel. The project includes
associated site work to increase parking to 86 spaces. The project also includes a parcel merge. Pursuant to
chapter 179-3-040, 179- l 5-040, petition of zone change, Town Board referral, SEQR for petition of zone
change and parking expansion, Zoning Board of Appeals for variance relief and Planning Board
recommendation shall be subject to Planning Board review and approval. The Planning Board may accept lead
agency, review SEQR and provide recommendation. Variance. Relief is sought for permeability.
WHEREAS, the Town of Queensbury Town Board is proposing a zoning change to Commercial Intensive. The
Town Board referred this proposed change to the Planning Board for an advisory recommendation pursuant to
Section 179- 15-020, resolution number 334, 2022 dated on September 12, 20221
MOTION FOR RECOMMENDATION TO THE TOWN BOARD AS FAVORABLE FOR .ZONING
CHANGE FROM MODERATE DENSITY RESIDENTIAL TO COMMERCIAL INTENSIVE
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 . Duly adopted this 29" 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: 5 19, 761 _8720 j Fax: 518.745,44 17 i 742 Bay Road. Queensberry, \JY 1 2804 1 www.queensbuey.nct
Reviewed by Department on Thursday, September 15, 2022
Warren County Planning Department Sep2022-17
Project Review and Referral Form
Project Name: Town of Queensbury-Res 334
Owner: Town of Queensbury
ID Number: QBY-22-LL
County Project#: Sep2022- 17
Current Zoning:
Community: Queensbury
Project Description:
Applicant proposes change of zone for parcel Tax ID # 302.5- 1 -49 from Moderate Density Residential (MDR) to Commercial
Intensive (CI) to construct a new parking area to support adjacent business. An existing residence will be removed to
accommodate the the proposed parking area.
Site Location:
Tax Map Numbers:
County Planning Recommendation:
Approve
Informal Staff Comments:
Local actions to date (if any):
Local Action/Final Disposition:
9/15/2022
Warren County Planning Department Date Signed Local Official Date Signed
PLEASE RETURN THIS FORM TO THE WARREN COUNTY PLANNING DEPARTMENT WITHIN 10 DAYS OF FINAL ACTION
LX)CAL LAWS & ORDINANCES'Chapter 179 — Garden World Rezoning-- MDR to Cl — 1-23-2023
LOCAL LAW NO.. _ OF 2023
A LOCAL LAW TO AMEND CHAPTER 179 "ZONINiG" OF QUEENSBURY
TOWN CODE TO AMEND ZONING MAP TO CHANGE ZONING
DISTRICT DESIGNATION FOR TAX MAP PARCEL NO.: 302.54-49
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY 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
+0.32 acre parcel at 2 Carlton Drive from Moderate Density Residential (MDR) to Commercial
Intensive (CI), such property bearing Tax Map Parcel No.: 302.5- 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 line drawn through is old language to be deleted.
1
Ilk I
FF
Proposed Rezoning F,- mwir
to Cl
MDR
I FFt..
FF-
r " % Y x v >
NwAYDR 4 110; r
_ y _ t IR "
3t ,� 7Y '. 1 GR NWAy C `'
ffffr
y� yyy M j
I'' St{'. t Tt •r� z y + ..
F.
r�
r � ` xf r r O IF .- G)L IF
3
1 v� µ •7i k t CY S 2 i 4r ..Np; i Yfa f .
�'FF<
z K4 r - .�
.' ' f Y4 .' � tM r 5 {i i .�
t f _...... •- .•RD
00
IF
A N r
a
�.. �- L
o� y
FF
tIF- :AViArION RD " � -Fw� j
�• t �ti.??M'i`h`ti3l;.°R�i7Eti.' :' S.f _ . y rg..
rt
e _ w .
� kry V
FF
FF
1 , Y
I, l \,� ; ,
ro .