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3.6 3.6 RESOLUTIONS\LOCAL LAWS\SET PUBLIC HEARINGS\Chapter 179 Zoning—Ostberg—Amend Microbrewery CLI District—1-8-2024 RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCALLAW NO.: OF 2024 TO AMEND CHAPTER 179 "ZONING" OF QUEENSBURY TOWN CODE TO AMEND TABLE 4: SUMMARY OF ALLOWED USES IN INDUSTRIAL DISTRICTS RESOLUTION NO.: 12024 INTRODUCED BY: WHO MOVED FOR ITS ADOPTION SECONDED BY: WHEREAS, Edward Ostberg(Ostberg) submitted a Petition for Change of Zone application to the Queensbury Town Clerk's Office on or about October 5, 2023 requesting an amendment to the Zoning Code to allow microbreweries as a use permitted by Site Plan Review in the Commercial Light Industrial(CLI)zoning district, and WHEREAS, by Resolution No.: 368, 2023, the Town Board 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 December 19, 2023, the Planning Board issued a SEQRA Negative Declaration on both the proposed zoning change and the Site Plan application, and WHEREAS, at the same meeting the Planning Board also issued a favorable recommendation to the Town Board on the proposed Zoning Code change, and WHEREAS, by Resolution No.: 368, 2023, the Town Board also referred the application to the Warren County Planning Department for New York State General Municipal Law §239-m review, and WHEREAS, on October 24, 2023, the Town received a recommendation from the Warren County Planning Department dated 10/24/23 of"No County Impact," and WHEREAS, the Town Board wishes to consider adoption of Local Law No.: of 2024 to amend Chapter 179 "Zoning" of Queensbury Town Code to amend Table 4: Summary of Allowed Uses in Industrial Districts as presented at this Town Board meeting, and WHEREAS, New York State 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 22nd, 2024 to hear all interested persons concerning the proposed revisions to the Town's Zoning Code and enactment of "A Local Law To Amend Chapter 179 `Zoning' of Queensbury Town Code to Amend Table 4: Summary of Allowed Uses in Industrial Districts,"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 posting the Notice of Public Hearing on the Town's website 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 2024. Duly adopted this 81h day of January, 2024, by the following vote: AYES NOES ABSENT: Chapter 179 — Code Change — Ostberg— 1 -22-2024 LOCAL LAW NO. . OF 2024 A LOCAL LAW TO AMEND CHAPTER. 179 "ZONING" OF QUEENSBURY TOWN CODE TO AMEND TABLE 4: SUMMARY OF ALLOWED USES IN INDUSTRIAL DISTRICTS BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURYAS FOLLOWSr SECTION 1. Queensbury Town Code Chapter 179, "Zoning," Table 4: Summary of Allowed Uses in Industrial Districts is hereby amended as follows: Veteran's Field Commercial Light Heavy Light Industrial Industrial Industrial Industrial Use Table VF-Ll CLi H[ Microbrewery SPR SECTION 2. 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 3. All Local Laces or Ordinances or parts of Local Laws or Ordinances in conflict with any part of this Local Law are hereby repealed_ SECTION 4. This Local Law shall take effect immediately upon filing in the Office of the New York Secretary of State as provided in New Fork State Municipal Horne Rule Law §27, Note: Language in hold italics is new language to be added; Language with line drawn through is old language to be deleted. 1 Reviewed by Department on 1012412023 Oct2O23-19 Warren County Planning Department Project Review and Referral Form 234 `gB Project Name: Ostberg, Edward Owner: Edward Ostberg REu'EIVE© 4 _ t ID Number: OBY-23-ZC-01 * OCT 2 4 2023 County 'Project #: OcI2023-19 � QUEENSBUM a CLERKS CffrCE Current Zoning: CLI sP Community: Queensbury Project Description: Applicant proposes zone change from CLI to CLl with amendment to Table 4 to add Microbrewery. Site Location: 639 County Line Rd Tax Map Numbers: 290.-1-7 290:1-S County Planning Recommendation: NCI Informal Staff Comments: Based on review of the change of zone request documentation it is not anticipated that the proposed change will have any impact on county resources. Local action to date (if any): Local ActionfFinal Disposition: ~� 10/2412023 Warren County Planning Department Date Signed Local Offical Data Signed PLEASE RETURN THIS FORM To THE WARREN COUNTY PLANNING DEPARTMENT WITHIN 14 DAYS OF FINAL ACTION WLTown of Queensbury Community Development Office 742 Bay Road, Queensbury, NY 12804 Town of Queensbury Planning Board RESOLUTION -Planning Board Recommendation to the Town Board for Zoning Change Request to Add Microbrewery as an allowed use in the CLI zone SITE PLAN 70-2023 & PETITION OF ZONE CHANGE 4-2023 EDWARD OST13ERG Tax Map ID: 290.-1 -8, 290.-1 -7 /Address: 639 & 0 County Line Road / Zoning: CLI WHEREAS, the applicant proposes to reuse an existing 8,087 sq. ft. building for a microbrewery with associated uses. The project includes site arrangement for an outdoor cooler and a tasting area of 6 tables at most. The project also includes a petition of zone change to add microbrewery to the allowed uses in the Commercial Light Industrial zone. Site Plan review pending Town Board and Planning Board Petition of zone change review. Pursuant to chapter 179-3-040 & 179-5-100 site plan for microbrewery subject to Planning Board review and approval. This project is subject to a coordinated SEQR review with the Town Board. The Planning Board to complete SEQRA and provide a recommendation to the Town Board. WHEREAS, the Town of Queensbury Town Board is proposing a zoning change to add a new use to the Commercial Light Industrial zone. The Town Board referred this proposed change to the Planning Board for an advisory recommendation pursuant to Section I79- 15-020, resolution number 368, 2023 dated on 10/16/2023. MOTION FOR RECOMMENDATION TO THE TOWN BOARD AS FAVORABLE FOR ZONING CHANGE ADDING MI+CROBRE'WERY TO ALLOWED USES IN THE CLI ZONE. 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 Nathan Etu. Duly adopted this 19' day of December 2023 by the following vote: AYES: Mr. Etu, Mr. Deeb, Mr. Dixon, Mr. Longacker, Mr. Stark, Mr. Magowan, Mr. Traver NOES: NONE Phone: 518,761 .8220 1 Fax: 518.745.4437 1 742 Day Road, Queensbury, NY 12804 1 www.+queensbury.net Town of Queensbury Community Development Office 742 Bay Road, Queensbury, NY 12804 Town of Queensbury Planning Board SEAR RESOLUTION — Grant Negative Declaration SITE PLAN 70-2023 & PETITION OF ZONE CHANGE 4-2023 EDW ARD OSTBERG Tax Map ID: 290.-1 -8, 290.-1 -7 / Property Address: 639 & 0 County Line Road f Zoning. CLI The applicant proposes to reuse an existing 8,087 sq. ft. building for a microbrewery with associated uses. The project includes site arrangement for an outdoor cooler and a tasting area of 6 tables at most. The project also includes a petition of zone change to add microbrewery to the allowed uses in the Commercial Light Industrial zone. Site Plan review pending Town Board and Planning Board Petition of zone change review. Pursuant to chapter 179-3-040 & 179-5- 100 site plan for microbrewery subject to Planning Board review and approval. This project is subject to a coordinated SEAR review with the Town Board. The Planning Board to complete SEQRA and provide a recommendation to the Town Board. The proposed action considered by this Board is Unlisted 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 DECLARATION FOR SITE PLAN NO. 70-2023 & PETITION OF ZONE CHANGE 4-2023 EDWARD OSTBERG. 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 191 day of December 2023 by the following vote: AYES: Mr. Magowan, Mr. Etu, Mr. Deeb, Mr. Dixon, Mr. Longacker, Mr. Stark, Mr. Traver NOES: NONE Phone: 518.761 .8220 1 Fax: 518.745.4437 1 742 Bay Road, Queensbury, NY 12804 1 wrwv.queensbury.net RESOLUTION AUTHORIZING THORIEING TOWN CLERK TO SUBMIT EDWARD OSTBERG'S PETITION FOR CHANGE OF ZONE TO {QUEENSBURY PLANNING BOARD RESOLUTION NO.: 368, 2023 INTRODUCED BY; Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, Edward Ostberg (Ostberg) submitted a Petition for Change of Zone application to the Queensbury Town Clerk's Office on or about October 5, 2023 requesting an amendment to the ,Zoning. Code to allow microbreweries as a use permitted by Site Plan Review in the Commercial Light Industrial (CLI) zoning district, and WHEREAS, Ostberg has also submitted applications to the Planning Board for Site Plan Review approval to renovate an existing building to house a microbrewery, 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 VIBEREAS, 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 and Site Plan Review requested by Ostberg 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 Ostberg's application received by the Town Clerk's Office on or about October 5, 2023 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 15'' day of October, 2023 by the following vote: AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: None