139.2024 Setting PH on Proposed Local Law of 2024 to Amend Chapter 179 Zoning Qby Town Code to Amend Zoning to Change Zoning District Designation for Tax Map No 303.5-179 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.: 139, 2024
INTRODUCED BY: Mr. Timothy McNulty
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Michael Dixon
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 Mr.Metivier,Mr. Freer,Mr.Dixon,Mr. McNulty,Mr. Strough
NOES None
ABSENT: None