2.1 2.1
RESOLUTIONS\LOCAL LAWSTNACTMENPChapter 179 Zoning—FW Webb Rezoning—7-10-2023
RESOLUTION ENACTING LOCAL LAW NO. OF 2023 TO
AMEND CHAPTER 179 "ZONING" OF QUEENSBURY TOWN CODE
TO AMEND ZONING MAPTO CHANGE ZONING DISTRICT
DESIGNATION FOR TAX MAP PARCEL NO.: 303.6-1-3
RESOLUTION NO.: 12023
INTRODUCED BY:
WHO MOVED FOR ITS ADOPTION
SECONDED BY:
WHEREAS, F.W. Webb Company (Webb) submitted a zoning change application to the
Queensbury Town Clerk's Office on or about March 27, 2023 to allow for a change of zoning
district designation for a parcel located on the west side of Quaker Road in the Town of Queensbury
identified as Tax Map No: 303.6-1-3 (Parcel) from Commercial Intensive (CI)to Commercial Light
Industrial(CLI), and
WHEREAS, Webb has also submitted an application to the Planning Board for Site
Plan Review approval for a proposed wholesale building supply facility, and
WHEREAS, the Town Board, by Resolution No.: 142, 2023, 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 May 18, 2023, the Planning Board, as SEQRA Lead
Agency, 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 April 21, 2023 the Warren County Planning Department issued a
recommendation of No County Impact, and
WHEREAS, on July 10, 2023, the Town Board duly conducted a public hearing
concerning proposed Local Law No.: of 2023, 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 2023 and wishes to consider adoption
of Local Law No.: of 2023 in the form substantially presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby adopts Local Law No.: of 2023
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 For Tax Map Parcel No.: 303.E-1-3," including a proposed revision to the
Town's Zoning Map associated with the Zoning Code(collectively,the "proposed zoning revision")
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 2023 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 2023 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 101h day of July, 2023, by the following vote:
AYES
NOES
ABSENT:
LOCAL 1.A W SiC hapter 179 — Rezoning — F W Webb — C'I to C LI — 7-10-2023
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 NOV: 303.6-1-3
BE IT ENACTED BY THE TOUW BOARD OF THE TOWAr 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 of a
14.6+ acre parcel on the west side of Quaker Road from Commercial Intensive (CI) to Commercial
Light Industrial (CLI), such property bearing Tax Map Parcel No.: 303.6- 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 Horne Rule Law §27.
Note: Language in hold italics is new language to be added;
Language 10.40h ' __-- `'raw t Fough is old language to be deleted.
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Proposed Rezoning
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Town of Queensbury Planning Board
SEAR RESOLUTION — Grant Negative Declaration
SITE PLAN 33-2023 , PETITION OF ZONE CHANGE 3-2023 SEWER. DISTRICT EXTENSION &
FRESHWATER. WETLANDS 6-2023
FW WEBB COMPANY
Tax Map ID: 303 .6- 1 -3 / Property Address: Quaker Road I Zoning: CI
The applicant proposes a change of zone of a parcel from CI to CLI. The project also includes the construction
of a building with a 76,200 sq ft footprint. A portion of the building is two story with a floor area of 95,620 sq
ft. The building and site are for the operation of a warehouse/wholesale business and material storage yard. Also
proposed is a sewer district extension. Pursuant to chapter 179-3-040, 179, 1 794 5-040, Chapter 94, new
construction in a CI zone and work within 100 fit of a designated wetland shall be subject to Planning Board
review and approval. This project is subject to a coordinated SEQR review with the Town Board. Planning
Board may conduct SEQR and provide a 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 1 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 SEOR DECLARATION FOR SITE PLAN 33-2023. PETITION
OF ZONE CHANGE 3-20234 SEWER DISTRICT EXTENSION & FRESHWATER WETLANDS 6-
2023 FW WEBB COMPANY. 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 has been reviewed and completed by the Planning Board and identified small
impacts being clarified per discussion.
Motion seconded by David Deeb. Duly adopted this 18`h day of May 2023 by the following vote:
AYES : Mr. Deeb, Mr, Dixon, Mr. Longacker, Mr. Stark, Mrs. McDevitt, Mr. Etu, Mr. Traver
NOES : NONE
ABSENT: Mr. Magowan
Phone: �1 13 . 76 1 -8210 ' Fax: 5 1 9.745-4437 i 74.) Bay Road_ Quee!lsbury, 'NY 1 ?$04 www.queensbury.TI t
Con-ir7unit�, Development OfFice
74.) Bay Road. QLicensbur� . NY 12804
Town of Queensbury Planning Board
RESOLUTION -Planning Board Recommendation to the Town Board for Zoning Change
REQUESTED ZONE CHANGE FROM Cl TO CLI & SEWER DISTRICT EXTENSION
SITE PLAN 33-2023, PETITION OF ZONE CHANGE 3-2023 & FRESHWATER WETLANDS 6-2023
FW WEBB COMPANY.
Tax Map ID: 303.6- l -3 /Address: Quaker Road / Zoning: CI
WHEREAS, the applicant proposes a change of zone of a parcel from CI to CLI. The project also includes the
construction of a building with a 76,200 sq ft footprint. A portion of the building is two story with a floor area
of 95,620 sq ft. The building and site are for the operation of a warehouse/wholesale business and material
storage yard. Also proposed is a sewer district extension. Pursuant to chapter I79-3-040, 179, 179- 15-040,
Chapter 94, new construction in a CI zone and work within 100 ft of a designated wetland shall be subject to
Planning Board review and approval. This project is subject to a coordinated SEAR review with the Town
Board. Planning Board may conduct SEQR and provide a recommendation.
WHEREAS, the Town of Queensbury Town Board is proposing a zoning change to CLI. The Town Board
referred this proposed change to the Planning Board for an advisory recommendation pursuant to Section 179-
15-020, resolution number 142,2023 dated on April 3, 2023;
MOTION FOR RECOMMENDATION TO THE TOWN BOARD AS FAVORABLE FOR ZONING
CHANGE FROM CI TO CLI & SEWER DISTRICT EXTENSION FOR SITE PLAN 33-2023,
PETITION OF ZONE CHANGE 3-2023 & FRESHWATER 'WETLANDS 6-2023 FW WEBB
COMPANY;
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 1 811 day of May 2023 by the following vote:
AYES : Mr. Deeb, Mr. Dixon, Mr. Longacker, Mr. Stark, Mrs. McDevitt, Mr. Traver
NOES : Mr. Etu
ABSENT: Mr. Magowan
Phone: 5 18, 76 1 .8220 Fax: 518.715 .4417 741, Bay Road, Queensbury, NY 129041 W1vw.q L1eensbL11`y_11Ct
Reviewed by Department on Friday, April 21, 2023
Warren County Planning Department Apr2023-29
Project Review and Referral Form
Project Name: FW Webb Company
Owner: Robert and Peter Nerner
fD Number: QSY-23-ZC-3
County Project#: Apr2023-29
Current Zoning:
Community: Queensbury
Project Description:
Applicant requests zone change from current Commercial Intensive (CI) to Commerciaf Light Industrial (CLI).
Site Location:
Tax Map Numbers:
County Planning Recommendation:
NCI
Informal Staff Comments:
Local actions to date (if any):
Local Action/Final Disposition :
4/21 /2023
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