2.3 2.3
RESOLUTIONS\LOCAL LAWS\SPH\Chapter 179—Foothills Builders—Rezoning—Area Requirements—4-15-2024
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, May 6 h,
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 the applicant, agent, property owner, adjacent property owners, and any public officials,
agencies or municipalities, in accordance with any applicable State Laws and Town Code
provisions, including §179-15-070, 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 15Ih day of April, 2024, by the following vote:
AYES
NOES
ABSENT:
LOCAL LAWsNchapter 179— Rezoning Code Change— Foothill Builders CI to NMR—4-15-2024
LOCAL LAW NO.: OF 2024
A LOCAL LAW TO AMEND CHAPTER. 1.79 "ZONING" OF
Q►UEENSDURY TOWN CODE TO AMEND ZONING MAP TO CHANGE
ZONING DISTRICT DESIGNATION FOR TAX MAP NO* 303.54-79
.AND TO AMEND TABLE 1 : TABLE OF AREA. REQUIREMENTS
BE IT ENACTED BY THE TOWN BOARD OF THE TOW1V OF QUEENSBURYAS
FOLLOKIS:
SECTION L Queensbury Town Code 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 t us 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:
[I] 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.
Jcf Multifamily Dwellings) shall be entitled to a density of sax (6) dwelling units per acre, in
accordance with y`'AI83 26, subject to the following:
(I) the lot shall have a minimum gross land area of ten (IQ) 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 bold italics is new language to be added;
Language is old language to be deleted.
I
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 minfi um gross land area of ten (14) 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 pare of this Local Law are hereby repealed.
SECTION S. 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 is old language to be deleted.
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ZONING
179AMtorlrmenr I
Tmab of Queeosbury
Table IrTable of Am Requirements
Miniersm. Miaimam Setbacks Maxinaw
Uldiaa Floor
Mhimgt I,et Road Water Ara tar Merchendlx Minimum ftelghl Ara
Lot Size Width` Froateae Depth Fromwill Llnteriaa From: Side Rat Shoreline Dbphay' Permit Propaaed Ratio
District Symbol (acm) Datity (tat) (feet) (feet) (Rot) (sere,) (feet) (Rot) (fat) (feet) (fat) Permeable (trot) (FAR) Note,
Land comen Lion LC42A 42 400 4M 400 210 t00 ]00 100 200 95% 35
L -IOA ]0 400 400 — 400 5o I00 100 100 200 95% 35
Paklartdrectation PR42A 42 400 400 $00 so 210 Lou t00 t00 ISO 90% 35
Rural midaaisl RR•SA 5 400 A00 200 25 100 75 too 75 75% 40435
RR-3A 3 400 400 200 15 too 75 'TOO' 75 75% 40135
WMerfmot WR 2 150 150 — 150 4 30 25,20,15, 30 50R5e 75% 2$' 0."
taidemiil 12:varita
with lot
VOW
Moderste•demiry MDR 2 or P Mahifearily dMadfrtr;eS IOQ 100 — 100 2 30 25 30 75 50% 40135'
jeweltiil
Neighborhaod NR 05 m 50 50 50 20 IOdd 15 36 35% 405'
reaidetnial 10 0M aC
Rwmatum RC I%000If 75 75 200 30 20 20 75 30% 35
commeraal
Commercial CM I 150 50 200 150 NA 75 20 mimirnrm; 25 75 25 30% 40 0.3
moderate sum 50
Canmercial Cl t 150 50 200 ISO NA 75 20 minimum; 25 75 25 30% 40 0.3
muntive sum 50
Commercial C1.1$ I 150 50 200 NA NA 50400" 20mirrimurn; 251r 75 30% 40-70" 30%landw4w
Imeaive—Exit IS sum 50"
DtFiu 0 Nonresidential:0.5 Km pa 250 75 so 75 2S 25 75 35% 40 15%landscaped
7,000 square feet of floor one
Reaidatisl:1 acre Per I
hinallualt gaits
Neighborhood NC I acre per IN inmipal use a 50 50 100 75 40 20 ]5 75 3054 30
Commercial structure
Main Street MS 50 50 75 40.1000 ON 10 50 5%-10'A 4014 5%iandxypod"
varin tiith
lat sine:
Commercial Light CL1 I acre per princq il tree or 200 I00 200 200 50 30 30 75 30% 60 40,000 square feet
industrial structure Total building sin
cap for rain use
(MlIf
Nmr Umguegc in bMftf dis new languageto be added;
Language with line6m Am a is old langoaw to be deleted.
QUEENSBURY CODE
Minimum Minlmsm Seibadd Maxinan
liDainam Building Fleur
Miainsm Ikt Bond Water Area for Merchandise Percent Height Arm
Lot Site WMth' Frontage Depth Frontage Clarteriag Front Side Rmr Shoreline Dinnloy' Permeshl Proposed Ratio
District Symbol (serer) Density (feet) [fief) (feet) (feet) (arm) (fed) (reef) (fell ([xt) {feet) a (feet) (FAR) Nato
Light hndurtrud hd-W 1 200 2W NA 50 20 20 75 30:5 35 0.3
veteran's Field
!(pry indtatty 1E 3 am minimum per ptineipd 300 300 40D 200 NA 100 so 50 200 30% so
tax or snvcture
Enclosed!shopping ESC 2.S Iaaxtnum residential density 500 75 200 NA b0" 30s' 30T' 150" 20!S 70" 1SY.minimum
MW n per¢1794-04011(b)(b) landscaped
[121s
NOM:
" Mininumlatwidtlnrequirecomplianctwithataamansgamemrequitenentsfor"oildnar"ordouhlelotwidth.
Thirty-firm-foot building height applies within ihm Adirondack PuL
' Two sores of Wet per residential unit if tent command!to poN'ic sewer and water systems;ace sae of land per midemial and if connected to pubic water and new aystaa.
' Five-temhs an of 6M par residential unit if not connected to public sewer and water systems; 10,000 square bit of lad per residential unit ifeamtetned to public sawet and wowsystem.
Ten feet if buildings notcurmimed arum iformected.
` With a minimum of 15,000 sganmfmn of land pee 2,0W squme feet at flow am,
Setback f Gm the edge of paremmt
` Accessory structure thall have a maxirmmm height of L6 feet
' Sevddyfire foot ntback applics to Imde in the Rural Use classification in dye Adirondack Park,See Zoning Map.
w See§ 179-3 040A(Sj(bj[31.
A building whack gremst than the minimum requirement of 50 feat may allow far it building height grater than this maximum of40 fed otherwise allowed.See¢17910498(SIXb)[2]and(91.
it Sa if 179.34408($Xb)(21179-34408(SXb)[9],and 179.WDA(ll(c).
" Buildings,shall corm"a minimum of4055 afthe hudd-to hat width ea mwured by the building heade width divided by the build-to lot wdih.See¢17944408(SXb)[31.
if jj 179-WB(SAX101 and 179.344M5XbXI11,
It See 4 179-3-040B(SXbX9].
it Set I179.3.0W5XIiXH].
a Parade adjacent to residential via shall require a minimum fihyfoat setback which shall include at least a twenty-f4wfbot vegetated buffer,
Buildings in excess of 40 fed in Might shall have a from setback at 100 foot at greater.
The maximum Nato building residrmnal can(toted unit Rpm famige)shall be 30:5 of the toil building floor area of all other eammen iol buildings within the ESC zoning district See¢179.3-0408(1Xb)I121.
r' Back lab to be trnlimed for(1)mall anchor sties Inset than 30,000 square fed each;and(2)multifmnily dwelling;may be subdivided without mherwin nqulred sed6acks or Romp on a public wad. See¢t79-7-"IXd).
7: ► ffhy auly Awoffliisitiv Adobe r owie a dendry of*(d)dweNq eeitrpa acre,in ercotdaen Wild )'4193-16,mikkef so 64e fatfew0ej: ())do kli aff bane m mininnn gran dnrdara of ka(10)aamr;(2)Ike fot"IbesxwedbjF m«rici W
w+da+edsarert sad{S)sevpoJau gf&rgrat eedegreere die krsdaNdere�aved from face)etfedafrordr aaallator rasdx
Note: Ltmgnags io dal&&^eats is new language to b o addend;
Llmguage with listrdraie,i d Pismo is old latigWis to be deleted.
RESOLUTION AUTHORIZING TOWN CLERK TO SUBMIT
FOOTHILL BUILDERS LLC'S PETITION FOR CHANGE OF ZONE TO
QUEENSBURY PLANNING BOARD
RESOL[1TION 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 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
(14IDR) 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, 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 FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Torun 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 Torun 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 16' day of October, 2023 by the following vote:
AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer
NOES None
ABSENT: 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 BUILDERSIMEAD'S
Tax Map ID: 303.5-1 -79 / Property Address: 361 Ridge Road / 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, 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 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
Boatel 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 69-2023, PETITION OF
ZONE CHANGE 1-2023 & FRESHWATER 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 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 Longacker. Duly adopted this 19`h 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 .8220 1 Fax. 518.745.4437 1 742 Bay 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
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 1D: 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 R of wetlands shall be subject to Planning Board review and
approval. 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 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 RECOMMENDATION TO THE TOWN BOARD AS FAVORABLE FOR ZONING
CHANGE FROM CI 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' 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 I Fax: 519.745.4437 1 742 Bay Road, Queensbury, NY 12804 1 www.queensbury.net
Reviewed by Department on 10124/2023 002023-20
Warren County Planning Department
Project Review and Referral Form
34
Project Name: Foothills Builders
Owner: Foothills Builders REC�EIVED
ID Number: OBY 23-Z"2 ()( 4 24Z3
County Project 04 Oc12023-20 o QUEF'NsaiRy
Currant Zoning: Cl CLEFifG'S OFFICE
d>
Carnnmun QueerrsbVry
Project Description:
;Applicant proposes cyhaanae of zone frorn Commensal Intensive to Moderate Density Residential In order to convert paroet from
ardent nursery to multifamily development-
Site Location:
361 Ridge Rd
Tax Map Numbers:
3D3.fr1-7g
County Planning Recommendation:
Approve
Informal Staff Comments:
As per the recently released Warren minty Housing Study, this proposal would be beneficial to the county. ' .•
Local action to date (If any):
Local ActlonlFlnal Disposition:
1 f1�24J,2023
Warren County Planning Department Dater Signed Local OfFcal Date Signed
PLEASE RETURN THIS FORM TO THE WA RRI=N COUNTY PLANNING DEPAMMENT WITHIN 10 DAYS OF FINAL ACTION