4.06 4.6
RESOLUTIONS\LOCAL LAWS\SPH\Chapter 179—Foothills Builders—Rezoning—Area Requirements—4-1-2024
RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL
LAW NO.: OF 2024 TO AMEND CHAPTER 179 "ZONING" OF
QUEENSBURY TOWN CODE TO AMEND ZONING MAP TO CHANGE
ZONING DISTRICT DESIGNATION FOR TAX MAP NO. 303.5-1-79
AND TO AMEND TABLE 1: TABLE OF AREA REQUIREMENTS
RESOLUTION NO.: 12024
INTRODUCED BY:
WHO MOVED FOR ITS ADOPTION
SECONDED BY:
WHEREAS, Foothills Builders, LLC (FB) submitted a Petition for Change of Zone
application to the Queensbury Town Clerk's Office on or about October 5, 2023 to allow for a
change of zoning district designation for a parcel identified as Tax Map No: 303.5-1-79 from
Commercial Intensive(CI)to Moderate Density Residential(MDR), and
WHEREAS, by the same application FB is also requesting an amendment to the Zoning
Code to state that Multifamily Dwellings in the Moderate Density Residential (MDR) zoning
district shall be entitled to a density of six (6) dwelling units per acre, in accordance with §A183-26,
subject to the following: (1) the Lot shall have a minimum gross land area of ten (10) acres; (2) the
Lot shall be served by municipal water and sewer; and (3) two points of ingress and egress to the
Lot shall be required from local arterial roads or collector roads, and
WHEREAS, FB has also submitted applications to the Planning Board for Site Plan Review
and Wetlands Permit approvals to construct sixty-four (64) multifamily dwelling units and a
community building on said parcel, and
WHEREAS, by Resolution No.: 365, 2023, the Town Board referred the applications 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 Code, and
WHEREAS, at their meeting of March 191h, 2024, the Planning Board issued a SEQRA
Negative Declaration on the proposed Zoning Code changes and the Site Plan and Special Use
Permit applications and also issued a favorable recommendation to the Town Board on the
proposed Zoning Code change, and
WHEREAS, by Resolution No.: 365, 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 h, 2023, the Town received a recommendation from the
Warren County Planning Department dated 10/24/23 of"Approve," 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 Zoning Map to Change
Zoning District Designation For Tax Map No. 303.5-1-79 And to Amend Table 1: Table of Area
Requirements in substantially the form 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, April 151h
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 Zoning Map to Change Zoning District Designation For Tax Map No. 303.5-1-79 And to
Amend Table 1: Table Of Area Requirements,"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 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 1st day of April, 2024, by the following vote:
AYES
NOES
ABSENT:
LOCAL LAWS1ChVter 179 Rezoning Code C:ha n9c — Foathi[! Builders CI to MDR—4-15 2024
LOCAL LAW NO.. , OF 2024
A LOCAL LAW TO AMEND CHAPTER 179 "ZONING" OF
QUEENSBUR'Y TOWN CODE TO AMEND ZONING- MAP TO CHANGE
ZONING DISTRICT DESIGNATION FOR TAX MAP N04 303Z4-79
AND TO AMEND TABLE 1 : TABLE OF AREA REQU R.EMENTS
BE IT ENACTED BY THE TOWN SOARED OF THE TOWN OF QUEENSBURYAS
FOLLOWS:
SECTION 1. Queensbury Town Cade Chapter 179, "Zoning," is hereby amended by
amending the official Town Zoning Map to reflect a change of zoning district designation for a
parcel identified as Tax Map Nos: 303 .5- 1 -79 from Commercial Intensive (CI) to Moderate
Density Residential (MDR).
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. § 179-3-040(A)(3)(b)[1 ], entitled "Density" is hereby amended as follows:
[1] Density
[a] Two acres per dwelling unit if not connected to public sewer and water systems.
[b] One acre per dwelling unit if connected to public sewer and water systems.
/c/ Multifamily Dwelling(s) shall be entitled to a density of six (6) dwelling units per acre, in
accordance with §A183 26, subject to the following:
(1) the lot shall have a minimum gross land area of ten (10) acres;
(2) the lot shall be served by municipal water and sewer; and
(3) two points of ingress and egress to the lot shall be required from local arterial roads or
collector roads.
Note: Language in hold italics is new language to be added;
Language is old language to be deleted.
1
SECTION 4. Chapter 179 Attachment 1 , Table 1 : Table of Area Requirements is hereby
amended to include Multiple-Family Dwelling in "Density" column for the Moderate density
Residential (MDR) District table with footnote No. 22 stating. that "Multiple-Family Dwelling(s)
shall be entitled to a density of six (6) dwelling units per acre, in accordance with § A183-26,
subject to the following: (1) the Lot shall have a nummutn gross land area of ten (10) acres; (2) the
Lot shall be served by municipal water and sewer; and (3) two points of ingress and egress to the
Lot shall be required from local arterial roads or collector roads."
SECTION 5. Attachment 1, Table 1 : Table of Area Requirements as amended and
appended to this Local Law is hereby adopted.
SECTION 6. 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 7. 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 8. 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 is old language to be deleted.
2
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ZONING
f 79Altuehment 1
Tram of Qaeasabury
Table 1;Table of Am Regatrenents
Minimum Minimum Setbacks Muinun
Rallding Floor
MiNinnm Lot Rood Water Am for Merchandise Minimum Height Aran
lotSht Width' Froutaga Depth Frontage Clustering Front Side Rear Shoreline Displaif Farcaat Proposed Ratio
District Symbol (saes) Density (fat) (feet) (felt) (feet) (acres) (feet) (fast) (feet) (fat) (far) Fermcolde ((act) (FAR) Notts
land aarnervatian LC-42A 42 400 400 — 400 210 100 100 100 200 95% 35
LC-l0A 10 4� 400 — 400 SO 100 1t10 P
200 9396 35
Parklandnxrearion )`R42A 42 400 40o gm0 &10 210 100 l00 lSo 9p76 35
Rural ra demial 1tR'SA 3 400 406 — 200 25 100 75 75 75X 403
RR-3A 3 400 4DD — 200 i5 100 75 73 7SX 40l3Wartrfmm WR 2 IS6 154 — 1S0 4 30 252015 5O75s 75X 28 012
ieidentAl 121 venue
with lot
width"
Modtrrto-denmity MDR 2 or 1' MuftJfmrriTj divicillme Ip0 ]04 — t00 2 30 25 30 75 540A 40135'
residential
Neighbodtood NR IS or 50 50 So 20 lod 15 5D 35% 40135'
residential 10,WDIF
Recrulion RC 15,0DD31' 73 75 200 30 20 20 75 3D% 35
oommerciai
Commercial CM 1 150 50 200 150 NA 73 20 minimum; 25 75 25 3 00'/r 40 0,3
moderate sum 50
Commercial CI i 150 50 200 150 NA 75 20 minimum; 25 73 25 30% 40 03
intensive Sum 50
Commercial CI-iS 1 150 50 200 NA NA 50.100" 20minimum; 25" 75 30% 40 0H 30%landscaped
Intensive-Exit IS sum 50"
Dffua 0 Nowemidamiti;0,5 am per 250 75 90 75 25 25 75 35% 40 15%landscaped
71000 square feet of floor vu
Residentisk: l an per a
Miling nests
NeoliorhoW Nc t acre per principal one or 50 So 100 75 40 20 15 73 3D% 30
commcrull almeture
Main Street MS 50 50 75 40.100" 0° 10 50 %411 r 40" 5%landscaped"
varies vrith
lot size"
Commercial Light CLl i acre per principal use or 2D0 100 200 200 So 30 30 75 30% 60 40,000 square fat
Industrial savcnne Tina}building min
cap far retail tse
Note: Language in bold leaHre is now language to be added;
Language will line Own tNreaglr is old language t0 be delexd.
QLM4SBURY CODE
Minimum Minimum Setbacks Maximum
Minimu Budding Floor
M0nimna Lot Read Wata Ana ror
Merchandise Percent Height Ares
Lot Size Width' Frontage Depth Froatege Clustedog Frost Side Rear Shoreline Dlspiay' Perssntil Proposed Ratio
Dherkt Symbol (acres) Drnshy (reef) (feet) (feet) (feet) (aerea) (tut) (feet) (rat) (fiat) (feet} a (feet) (FAR) HWes
Lightlndustrid td-VF 1 200 200 NA 50 20 20 75 30% 35 03
Veteran'[Field
Heavy industry Hl 3ocres.minimum per principal 300 300 400 200 NA t00 So So 200 30% 50
we or structure
Enclosed shopping ESC 2.5 Maximum residential density 500 75 200 NA 40" 307' 30e1 150" 20'!e 70'r ]5%minimum
center ra per¢ l74-3."0%Id) landscaped
(t2g
NOTES:
Minimum Ion widths require compliance with siren management requirements for shored driveways or double lot width.
Thirty-fivo-fsot building Might applies within the Adirondack Park,
Two Km of land per residential unit if not connected to public sewer and water systems;one acre of land per residential unit if connected to public waxer and ssweraysfems.
' Five-tooth acre of lend per residential unit if not connected to public sever and water systems;ID,DDD square feet of bird per residential unit if connected to public sewer and water eyeless,
' Ten fen if buildings not ceemacted or uro ifcoom%W
' With a minimum of15,000aqumefssof land per 2,000squere fed of floor mea.
' Setback from&a edge of pavement.
' Accessory struchmn shall have a maximum height of 16 feet.
' Sevumyfive fan setback applies to lands in the Rural Use claaeifiestion in the Adirondack Park,See Zoning Map.
Sea¢ 179-3.040A(5Xb)31•
'r A building setback greater than the minimum requirement of SD fen may Olow for a building height greater than the maximum of 40 feet otherwise allowed.See¢179-104011(s)(b)[2)and(9).
it See).¢ 179-3-046R(5XbX2), 179-3-04OB(5Xb)[9I,end 179.7-070A(SXc).
" Buildings dell open"aluminum of60%of the build-to lot width as measured by tiro building facade width divided by the build-to lot width.See 1179.3-0408(5XbX3).
" 11179.3-04011(5X6)(10)andi743-0408(SXb)(til-
" See I l79-1-04DB(5Xb)(9).
Soo¢179.3-040%5Xb)[I I).
" Parcels adjacent to residential um shall require a minimum fifty-foot setback which shall include allows a twerdy-fwe•foot vegeuted tuffs.
" Buildings in excess of 40 fen in height shell have a final setback of 100 fen or greater.
" The maximum gross building residential use(total unit square faamp)shall be 30%of the total building Root area of all other commercial buildings within the ESC inning district See¢179-3440%1NI121
" Bade lets to be utrTized for(1)met anchor stores greater ttan KOMsguare feel such;and(7)mukif rmly dwelling;may be subdivided without o0erwise required sdbacks or frontage on a public mad. See$179.3-04M(IXd).
u Mmhifmdi D welling fli sholl he anddad in a AmA)ofsfs(6)dw rtteg MRWper act,in enccad"OrwrrhP193-24smbjedIs ikefefirving,(1)dw fo+Its d0 have a sets imnus VW 12)d sense sfks00)amens;(I)the tag Ikmyhffarvsd fey seHaieipal
Motu awdtrrer and 0)two Fabler of ingrm duet q=it the IN shag be tgnved from toter ars"1mi dr or coffeerar reeds
Note: Language in Do)d keffex is now language to be added;
Language witil line thewm through is old lsngungs to he deleted.
RESOLUTION AUTHORIZING TOWN CLERK TO SUBMIT
FOOTHILL BUILDERS LLC'S PETITION FOR CHANGE OF ZONE TO
+QUEENSBURY PLANNING BOARD
RESOLUTION NO.: 365, 2023
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, Foothills Builders, LLC (FB) submitted a Petition for Change of Zone
application to the Queensbury Torun Clerk's Office on or about October 5, 2023 to allow for
a change of zoning district designation for a parcel identified as Tax Map No: 303.5-1 -79
from Commercial Intensive (Cl) to Moderate Density Residential (MDR), and
WHEREAS, by the same application FB is also requesting an amendment to the
Zoning Code to state that Multifamily Dwellings in the Moderate Density Residential
(MDR) zoning district shall be entitled to a density of six (6) dwelling units per acre, in
accordance with §A183-26, subject to the following: (1) the Lot shall have a minimum gross
land area of ten (10) acres; (2) the Lot shall be served by municipal water and sewer; and (3)
two points of ingress and egress to the Lot shall be required from local arterial roads or
collector roads, and
WHEREAS, FB has also submitted applications to the Planning Board for Site Plan
Review and Wetlands Permit approvals to construct sixty-four (S4) multifamily dwelling
units and a community building on said parcel, and
WHEREAS,IEREAS, 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 changes and Site Plan
Review requested by FB 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 FB'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 FUR.T 1ER,
RESOLVED, that the Town Board further authorizes and directs the Town Clerk to
submit the application to the Warren County Planning Department for NYS GNIL. §239-rn
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 161 day of October, 2023 by the following vote:
AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer
NOES None
AB SENT: None
Town of Queensbury
Community Development Office
742 Bay Road, Queensbury, NY 12804
Town of Queensbury Planning Board
SEQR RESOLUTION — Grant Negative Declaration
SITE PLAN 69-2023, PETITION OF ZONE CHANGE 1 -2023 & FRESHWATER WETLANDS 12-2023
FOOTHILLS BU LDERSIMEAD7 S
Tax Map 113: 303.5-1 -79 I Property Address: 361 Ridge Road I Zoning: CI
Applicant proposes a zone change of a 10.99 acre parcel from Commercial Intensive to Moderate Density
Residential. The project includes construction of 16 buildings with 4 units each as well as community building
and. paths. Site Plan review pending Town Board and Planning Board Petition of zone change review. Pursuant
to chapter 179-3-040, 17940-040 and chapter 94, site plan for construction of a new multifamily building and
work within 100 ft. of wetlands shall be subject to Planning Board review and approval. 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 EAT 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 SffE PLAN 69-2023 PETITION OF
ZONE CHANGE 1-2023 & FRES14WATER WETLANDS 12-2023 FOOTHILLS BUILDERS/MEAD'S.
Introduced by David Deeb who moved for its adoption.
As per the resolution prepared by staff.
1 . Part 11 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 Longacker. Duly adopted. this 19u' day of March 2024 by the following vote:
AYES: Mr. Longacker, Mr. Deeb, Mrs. McDevitt, Mr. Traver
NOES: NONE
ABSENT: Mr. Magowan, Mr. Stark, Mr. Stefanzick
Phone: 518.761 .9220 1 Fax: 518.745.4437 1 742 Bay Road, Queensbury, NY 12804 1 www.queensbury.net
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
from Commercial intensive to Moderate Density Residential
SITE PLAN 69-2023, PETITION OF ZONE CHANGE 1-2023 & FRESHWATER WETLANDS 12-2023
FOOTHILLS BUILDERS/MEAD' S
Tax Map ID: 303.5-1 -79 / Address: 361 Ridge Road / Zoning: CI
WHEREAS, the applicant proposes a zone change of a 10.99 acre parcel from Commercial Intensive to
Moderate Density Residential. The project includes construction of 16 buildings with 4 units each as well as
community building and paths. Site Plan review pending Town. Board and Planning Board Petition of zone
change review. Pursuant to chapter 179-3-040, 179- 10-040 and chapter 94, site plan for construction of a new
multifamily building and work within 100 ft of wetlands shall be subject to Planning Board review and
approval. Planning Board to complete SEQrRA and provide a recommendation to the Town Board.
WHEREAS, the Town of Queensbury Town Board is proposing a zoning change to Moderate Density
Residential. The Town Board referred this proposed change to the Planning Board for an advisory
recommendation pursuant to Section 179- 15-020, resolution number 365, 2023 dated 10/16/2023 ;
MOTION FOR RECOMMENIIATION TO HE TOWN BOARD AS FAVORABLE FOR ZONING
CHANGE FROM ICI TO MDR,
The Planning Board based on limited review has not identified any significant adverse impacts that cannot be
mitigated with this proposal.
Introduced by David Deeb who moved for its adoption.
Motion seconded by Ellen McDevitt. Duly adopted this 19`h day of March 2024 by the following vote:
AYES: Mr. Deeb, Mrs. McDevitt, Mr. Longacker, Mr. Traver
NOES: NONE
ABSENT: Mr. Magowan, Mr. Stark, Mr. Stefanzick
Phone: 518.761 .8220 1 Fax: 518.745.4437 1 742 Bay Road, Queensbury, NY 12804 1 www.queensbury.net
Reviewed by Department on 1 012412 02 3 Oct2t123-20
Warren County Planning Department
Project Review and Referral Form
234 �
Project Name i Foothills Builders d'
Ovamr: Foothills Builders +l,_ . w
ru -t
ID Number: t]BY-23-ZC 02 2 4 2023
County Project #: Oct2023 2l} r "v
Current Zoning: CI d f;''._i_i Y. O?'l lCl*
d'
Comrhmunity: Queensbury
Project Description:
Applicant proposes Change of zone from Commercial intensive to Moderate Density Residential in order.to convert paroel from
garden nurse to multifamily development
Site Location:
361 Ridge Rd.
Tarr Map Numbers..
3t73.5-1-78
County Planning Recommendation:
Approve
Informal Staff Comments:
As per the recently released Warren County housing Study, this proposal would be beneficial to the county.
Local action to date (if any):
LocalAction/Final Disposition:
1 UI24f2p23
Warren "County Planning Department Data signed Local Offical Date Signed
PLEASE RETURN TFHS FORM TO THE WARREN COUNTY PLANNING DEPARTMENT WiTHIH 14 DAYS OF FINAL ACTION