2.2 2.2
RESOLUTIONS\LOCAL LAWS\ENACTMENT\Chapter 179—Foothills Builders—Rezoning—Area Requirements—5-6-24
RESOLUTION AUTHORIZING ADOPTION OF LOCALLAW 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.: ,2024
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
Queensbury 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, 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, 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, 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, May 6, 2024 and
heard all interested persons,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby enacts Local Law No.: of
2024 entitled, "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 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 6fh day of May, 2024, by the following vote:
AYES
NOES
ABSENT:
LOCAL LAWS\Chapter 179—Rezoning Code Change—Foothill Builders CI to MDR-4-15-2024
LOCAL LAW NO.: OF 2024
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 REQU[REMENTS
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS
FOLLOWS:
SECTION 1. 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 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.
[cJ Multifamily Dwelling(s)shall be entitled to a density of six(6) dwelling units per acre, in
accordance with 0183-26,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 bold italics is new language to be added;
Language is old language to be deleted.
1
N., •
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 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."
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 Home Rule Law§27.
Note: Language in bold italics is new language to be added;
Language is old language to be deleted.
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ZONING
179 Attachment 1
Town of Queensbury
Table 1:Table of Area Requirements
Minimum Minimum Setbacks Maximum
Building Floor
Minimum Lot Road Water Area for • Merchandise Minimum Height Area
Lot Size Width' Frontage Depth Frontage Clustering Front Side Rear Shoreline Display' Percent Proposed Ratio
District Symbol (acres) Density (feet) (feet
)) (feet) (feet) (acres) (feet) (feet) (feet) (feet) (feet) Permeable (feet) (FAR) Notes
Land conservation LC-42A 42 400 400 — 400 210 100 100 100 200 95% 35
LC-I0A 10 400 400 — 400 : 50 100 : 100 100 200 95% 35
Parkland recreation PR-42A 42 400 400 800 800 210 100 _ 100 100 150 90% 35
Rural residential RR-5A 5 400 400 — 200 25 100 75 100 75 75% 40/35'
RR-3A 3 400 400 — 200 15 100 75 100 75 75% 40/35'
Waterfront WR 2 150 150 — 150 4 30 25,20,15, 30 50/75' 75% 28' 0.22
residential 12:varies
with lot
width"
Moderate-density MDR 2 or 1' Multifamily dwelling" 100 100 — .100 2 30 25 30 75 50% 40/35'
residential
Neighborhood NR 0.5 or 50 50 50 20 10/0' ' 15 50 35% 40/35'
residential 10,000 sf' .
Recreation RC 15,000 sr 75 75 200 30 20 20 75 30% 35
commercial
Commercial CM 1 150 50 200 150 NA 75 20 minimum; 25 75 25 30% 40 0.3
moderate
_ sum 50
Commercial CI 1 150 50 200 150 NA 75 20 minimum; 25 75 25 30% 40 0.3
intensive . sum 50
Commercial CI-18 1 150 50 200 NA NA 50-100" 20 minimum; 25" 75 30% 40-70" 30%landscaped
Intensive—Exit 18 . sum 50"
Office 0 Nonresidential:0.5 acre per 250 75 80 75 25 25 75 35% 40 15%landscaped
7,000 square feet of floor area
Residential:1 acre per 8
dwelling units
Neighborhood NC 1 acre per principal use or 50 50 100 75 40 20 IS 75 30% 30
commercial structure _
Main Street MS 50 50 75 40-100" 0" 10 50 5%-10% 40" • 5%landscaped"
varies with
lot size"
Commercial Light CLI 1 acre per principal use or 200 100 200 200 50 30 30 75 30% 60 40,000 square feet'
Industrial structure Total building size
cap for retail use
only
Note: Language in bold Italics is new language to be added;
Language is old language to be deleted.
•
QUEENSBURY CODE
Minimum Minimum Setbacks
Maximum-
Minimum Building Floor
Minimum Lot Road Water 1 Area for Merchandise Percent Height Area
Lot Size Width' Frontage Depth Frontage Clustering Front Side Rear Shoreline Display' Permeabl Proposed Ratio
District Symbol (acres) Density (feet) (feet) (feet) (feet) (acres) (feet) (feet) (feet) (feet) (feet) e (feet) (FAR) Notes
Light Industrial LI-VF 1 200 200 NA 50 20 20 75 30% 35 0.3
Veteran's Field
Heavy industry HI 3 acres minimum per principal 300 300 400 200 NA 100 50 50 200 30% 50
use or structure
Enclosed shopping ESC 2.5 Maximum residential density 500 75 200 NA 40" 3021 30" 150" 20% 7019 15%minimum
center a12per§179-3-040B(1)(b) landscaped
NOTES:
1 Minimum lot widths require compliance with access management requirements for shared driveways or double lot width.
' Thirty-five-foot building height applies within the Adirondack Park.
° Two acres 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 water and sewer systems.
' Five-tenths acre of land per residential unit if not connected to public sewer and water systems;10,000 square feet of land per residential unit if connected to public sewer and watersystems.
' Ten feet if buildings not connected or zero if connected.
o With a minimum of 15,000 square feet of land per 2,000 square feet of floor area.
' Setback from the edge of pavement.
' Accessory structures shall have a maximum height of 16 feet.
' Seventy-five-foot setback applies to lands in the Rural Use classification in the Adirondack Park.See Zoning Map.
1' See§179-3-040A(5)(b)[3].
" A building setback greater than the minimum requirement of 50 feet may allow for a building height greater than the maximum of 40 feet otherwise allowed.See§179-3040B(8)(b)[2]and[9].
° See§§179-3-040B(5)(b)[2],179-3-040B(5)(b)[9],and 179-7-070A(1)(c).
" Buildings shall occupy a minimum of 60%of the build-to lot width as measured by the building facade width divided by the build-to lot width.See§179-3-040B(5)(b)[3].
11 §§179-3.040B(5)(b)[10]and 179-3-040B(5)(b)[l1].
1° See§179-3-040B(5)(b)[9].
" See§179-3-040B(5)(b)[11].
1t Parcels adjacent to residential uses shall require a minimum fifty-foot setback which shall include at least a twenty-five-foot vegetated buffer.
1' Buildings in excess of 40 feet in height shall have a front setback of 100 feet or greater.
'0 The maximum gross building residential area(total unit square footage)shall be 30%of the total building floor area of all other commercial buildings within the ESC zoning district.See§179-3-040B(1)(b)[l2].
zi Back lots to be utilized for(1)mall anchor stores greater than 30,000 square feet each;and(2)multifamily dwelling;may be subdivided without otherwise required setbacks or frontage on a public road.See§179-3.040B(1)(d).
.rr 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:(I)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 bold Italics is new language to be added;
Language is old language to be 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 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, 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 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 16111 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
4 742 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 BUILDERS/MEAD'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
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 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 19th 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 I Fax: 518.745.4437 1742 Bay Road,Queensbury,NY 12804 I www.queensbury.net
Town of Queensbury
v4;— 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 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 19th 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: 518.745.4437 1742 Bay Road,Queensbury,NY 12804 I www.queensbury.net
•
" .
Reviewed by Department on 10/24/2023 Oct2023-20
Warren County, Planning Department
Project Review and Referral Form
‘ 234:88>
Project Nam e: FOOttiills BUildate
OWner: Foothills Builders-
RECEIVED c.
ID Number: opaY723-ZC-02. cv
OCT 2 2023
L't
CCU*Project 0: Oct202 -20
Current Zoning; Ci
Community: Queensbury is)ccaLUERE.,KEN,:g1.1AY:.4
9-Z.17 g
Project Description:
Applicant proposes change of zone from Commercial Intensive to Moderate Density Residential in order to convert parcel from
garden nursery to multifamily development,
Sitetocation:
361 Ridge Rdi
Tax Map Numbers:
5:
coif*PlenidOg fteCOMMenciation;
Approve
Informal Staff-Comments:
per thAs
e recently released Warren CountY+louSing Study this proposal would be beneficial to the county•
Local action to date(if any):
.Lcital Action/final DispoSideni
10/944/2023
Warren County Planning Department Date.Signed Local Offical Date Signed
6
•
4.f PLEASE RETURN RETURN THIS FORM TO THE WARREN COUNTY PLANNING DEPARTMENT WITHIN 10 DAYS OF FINAL ACTION,