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2.1 2.1 RESOLUTIONS\LOCAL LAWS\ENACT\Chapter 179 Zoning—Ostberg—Amend Microbrewery CLI District—1-22-2024 RESOLUTION AUTHORIZING ADOPTION OF 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, the Queensbury Town Board wishes to consider adoption of proposed Local Law No.: of 2024 entitled, "A Local Law to Amend Chapter 179 "Zoning" of Queensbury Town Code to Amend Table 4: Summary Of Allowed Uses in Industrial Districts", 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, before the Town Board may amend the Town Code, it must hold a public hearing in accordance with the provisions of Town Law §265, and the Municipal Home Rule Law, and WHEREAS, the Town Board duly held a public hearing on Monday, January 22, 2024 and heard all interested persons, and NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby enacts Local Law No.: of 2024 entitled, "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 authorizes and directs the Town Clerk to send a copy of this Resolution and a copy of the approved Local Law No.: of 2024 to the Town Planning Board, Town Zoning Board of Appeals, Town Zoning Administrator and the Warren County Planning Department, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to submit approved Local Law No.: of 2024 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 22nd day of January, 2024, by the following vote: AYES NOES ABSENT: Chapter 179 —Code Change — Gsiberom— 1-22-2424 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 QUEENS.B'URYAS FOLLOWS: 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-LI CLI H1 Microbrewery S+l'R 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 Laws 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 York State Municipal Horne Rule Law §27_ Note: Language in bold italics is new language to be added; Language with line a...... ... Otr-eugh is old language to be deleted. 1 Reviewed by Department on 10/24/2023 Oct2023-19 Warren County Planning Department Project Review and Referral Form 2- 34Se Nip Project Name: Ostbarg, Edward .� Owner: Edward Ostherg RECEIVE€3 Q' tD Number: QSY-23-ZC-01 Y OCT 2 4 �3 w County Project #; Oct2G23-19 a C1i. EEMSBU Y 1] da CLERKS OF Ice Current Zoning: CLI lip� 6 ,b Community: Queensbury SE Zt Project Description: Applicant proposes zone change from CLI to CLI with amendment to Table 4 to add Microbrewery. Site Location: 639 County Line Rd Tax Map Numbers: 29b:1-7 290.-1-8 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 coup resources. Local action to date (if any): Local Action/Final Disposition: 10/2412©23 a.m.: County Planning Department Date Signed Local Offical Date Signed PLEASE RETURN THIS FORM TO THE WARREN COUNTY PLANNING DEPARTMENT WITHIN 10 DAYS OF FINAL ACTION w Town 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 OSTBERG 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 SEAR 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 179-15-020, resolution number 368, 2023 dated on 10/16/2023. MOTION FOR RECOMMENDATION TO THE TOWN BOARD AS FAVORABLE FOR ZONING CHANGE ADDING MICROBREWERY TO A.LLO` MD 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 191` 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: 519.745.4437 1 742 Bay Road, Queensbury. NY 12804 1 wrww_queensbury.net Y Town of Quecnsbury Community Development Office 742 Bay Road, Queensbury, NY 12804 Town of Queensbury Planning Board SEQR RESOLUTION — Grant Negative Declaration SITE PLAN 70-2023 & PETITION OF ZONE CHANGE 4-2023 EDWARD OSTBERG Tax Map ID: 290.-1 -81 290.4 -7 / Property Address: 639 & 0 County Line Road / 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 I91h 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_ 519.761 .8220 1 Fax: 519.745.4437 1 742 Bay Road, Queensbury, NY 12804 1 www.queensbury.net RESOLUTION AUTHORIZING TOWN CLERK TO SUBMIT EDWARD OSTBERG'S PETITION FOR CHANGE OF ZONE TO QUEENSDURY 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 Cleric's Office on or about October S, 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 WIffiREAS, 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 (SEQrRA) for potential environmental effects, r , 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 S, 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 16t' day of October, 2023 by the following vote: AWES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: None