176.2024 Authorizing Adoption of LL No 3 of 2024 to Amend Ch 179 Zoning of Qby Town Code Amend Zoning Map to Change Zoning Dist Designation RESOLUTION AUTHORIZING ADOPTION OF LOCAL LAW NO.: 3
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.: 176, 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
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.: 3 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 19'', 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.: 3 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.: 3 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 6 h day of May, 2024, by the following vote:
AYES Mr. Strough, Mr. Dixon, Mr. McNulty
NOES Mr. Freer
ABSENT: Mr. Metivier