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ZONING\Queensbtuy Partners—Fovder Square PUD—Set Public Hearnig—11-16-15
RESOLUTION SCHEDULING PUBLIC HEARING ON QUEENSBURY
PARTNERS, LLC'S APPLICATION FOR FOWLER SQUARE PLANNED
UNIT DEVELOPMENT AND PROPOSED LOCAL LAW NO.: OF 2015
RESOLUTION NO.: ,2015
INTRODUCED BY :
WHO MOVED ITS ADOPTION
SECONDED BY :
WHEREAS, Queensbury Partners, LLC submitted application materials dated August 17,
2015, including a proposed Local Law to amend the Town Code, to the Queensbury Town Clerk's
Office for a Planned Unit Development (PUD) entitled, "Fowler Square Planned Unit Development"
and the application materials were reviewed by the Town Planning Staff and deemed complete for
purposes of review, and
WHEREAS, applications for PUDs are forwarded to the Town Planning Department and
Planning Board for recommendations in accordance with §179-12-050 of the Town Zoning Ordinance,
and
WHEREAS, following such recommendations, the Queensbury Town Board reviews the
applications and takes such other action as it shall deem necessary and proper, and
WHEREAS, prior to making a decision about whether to approve the requested PUD, it is
necessary to conduct a review under the New York State Environmental Quality Review Act
(SEQRA)to consider potential environmental impacts, and
WHEREAS, by Resolution No.: 329,2015, the Town Board forwarded the PUD application to
the Queensbury Planning Board for report and recommendation and consented to the Planning Board
acting as Lead Agency for SEQRA review of this project, and
WHEREAS, on or about October 20d'and 27h, 2015, the Queensbury Planning Board adopted
Resolutions recommending to the Town Board as favorable the application for the proposed Fowler
Square PUD and reaffirming its previous SEQRA Negative Declaration for the PUD, and
WHEREAS, on or about October 22nd, 2015, the Warren County Planning Department
reviewed the Project and recommended"No County Impact," and
WHEREAS, before the Town Board may amend, supplement, change or modify the Town
Code and Map to create a PUD District, it must hold a public hearing in accordance with the
provisions of Town Law §265, the Municipal Home Rule Law and the Town of Queensbury Zoning
Laws, and
WHEREAS, the Town Board wishes to consider creation of the Fowler Square PUD District
and adoption of proposed Local Law No.: of 2015 to amend Queensbury Town Code Chapter 179
(Town of Queensbury Zoning Law) and the Town's official Zoning Map and enacting the Fowler
Square Planned Unit Development District,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday,
December 7d`, 2015 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to
hear all interested parties concerning the proposed application by Queensbury Partners for a Planned
Unit Development (PUD) entitled, "Fowler Square Planned Unit Development," on property bearing
Tax Map No.: 289.19-1-23 through 35 and located at the corner of Bay and Blind Rock Roads,
Queensbury, New York, and adoption of proposed Local Law No.: of 2015 to amend Town
Code Chapter 179 (Town of Queensbury Zoning Law) to create the Fowler Square Planned Unit
Development District and revise the Town's official Zoning Map accordingly, and
2
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to provide
10 days notice of the public hearing by publishing a Notice of Public Hearing in the Town's official
newspaper, posting the Notice on the Town's bulletin board in accordance with Queensbury Town
Code §179-15-070 and sending copies of the Notice of Public Hearing by First Class mail to the
owners of record of all properties located within 500' of the area to be designated as the Fowler Square
PUD District, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Community
Development Department to provide the Town Clerk's Office with a list of the names and addresses of
the owners of record of all properties located within 500' of the area to be designated as the Fowler
Square PUD District for the Town Clerk's use in sending the Notice of Public Hearing to such
property owners as required, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Clerk's Office to
send the Notice of Public Hearing to the Clerk of the Warren County Board of Supervisors, Warren
County Planning Department and other communities or agencies that it is necessary to give written
notice to in accordance with New York State Town Law §265, the Town's Zoning Regulations and
the Laws of the State of New York.
Duly adopted this 16t`day of November, 2015, by the following vote:
AYES
NOES
ABSENT:
3
Chapter 179-12—Queensbury Partners PUD—11-16-15
LOCAL LAW NO.: OF 2015
A LOCAL LAW ENACTING THE FOWLER SQUARE
PLANNED UNIT DEVELOPMENT
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF
Q
UEENSBURYAS FOLLOWS:
SECTION 1. Legislative Findings and Intent.
Pursuant to Chapter 179, Article 12 of the Code of the Town of Queensbury entitled
"Planned Unit Developments" the Town Board has reviewed a proposal for a Planned Unit
Development known as "Fowler Square" to be located at the southwest corner of Bay Road and
Blind Rock Road in the Town of Queensbury and identified for Tax Map Purposes as Town of
Queensbury Tax Map Parcels 289.19-1-23 through 35, inclusive, and consisting of 34.05 acres of
land located in the "Office" Zone. In accordance with said Chapter 179, Article 12, the Town
Board finds that Fowler Square satisfies the requirements of said Chapter 179, Article 12 and
hereby adopts this Local Law relative thereto.
SECTION 2. Site specifics.
A. Residential density. No more than 142 residential dwelling units as set forth on the
plans and specifications shall be permitted.
B. Commercial density. No more than 56,180 square feet shall be permitted.
C. Site Plan Approval. Site plan approval will be required for all development of the
project.
D. Phase III Approval. Any construction for Phase III shall require approval from the
Town Board for conformity with the Planned Unit Development contained herein and
shall require site plan approval from the Planning Board.
E. Setbacks:
i. Setbacks along Blind Rock Road shall be no less than 53 feet.
ii. Setbacks along Bay Road shall be no less than 75 feet, provided that this shall not
include roof hangovers, light fixtures, deck overhangs, and provided that pergolas
shall be permitted off Blind Rock Road as shown on drawing L2.2-Layout.
iii. Setbacks from all wetlands for building locations shall be at least 75 feet.
F. Height limits:
i. For the commercial/residential structures,height shall be limited to 54 feet.
G. Modifications. Any changes to the plans and specifications shall require site plan
approval.
SECTION 3. Zone Change.
The zoning for the project site as identified by the parcels above shall be the Fowler Square
Planned Unit Development and the Town's Official Zoning Map is hereby amended to show the
zoning of the subject property as"Fowler Square Planned Unit Development".
SECTION 4. Severability.
If any clause, sentence, paragraph, subdivision, section, or part of this Local Law or the
application thereof to any person, individual, corporation, firm, partnership, entity, or circumstance
shall be adjudged by any Court of competent jurisdiction to be invalid or unconstitutional, such
order or judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined
in its operation to the clause, sentence,paragraph, subdivision, section, or part of this Local Law, or
in its application to the person, individual, corporation, firm, partnership, entity, or circumstance
directly involved in the controversy in which such order or judgment shall be rendered..
SECTION 5. Effective Date.This Local Law shall take effect immediately upon filing in
the Office of the New York Secretary of State as provided in New York Municipal Home Rule Law
§27.
NOTICES\Queensbury Partners—Fowler Square PUD—12-7-15
NOTICE OF PUBLIC HEARING
IN ACCORDANCE WITH A RESOLUTION DULY ADOPTED BY THE
QUEENSBURY TOWN BOARD ON MONDAY, NOVEMBER 16TH, 2015, NOTICE IS
HEREBY GWEN THAT THE TOWN BOARD WILL CONDUCT A PUBLIC HEARING ON
MONDAY, DECEMBER 7TH, 2015 AT 7:00 P.M. IN THE QUEENSBURY ACTIVITIES
CENTER, 742 BAY ROAD, QUEENSBURY AT WHICH HEARING THE TOWN BOARD
SHALL HEAR ALL INTERESTED PARTIES CONCERNING AN APPLICATION BY
QUEENSBURY PARTNERS, LLC FOR ITS PROPOSED FOWLER SQUARE PLANNED
UNIT DEVELOPMENT (PUD) ON PROPERTY BEARING TAX MAP NO.: 289.19-1-23
THROUGH 35 AND LOCATED AT THE CORNER OF BAY AND BLIND ROCK ROADS,
TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK AND PROPOSED LOCAL
LAW NO.: _ OF 2015 TO AMEND QUEENSBURY TOWN CODE CHAPTER 179 (TOWN
OF QUEENSBURY ZONING LAW) TO CREATE THE FOWLER SQUARE PLANNED UNIT
DEVELOPMENT DISTRICT AND REVISE THE TOWN'S OFFICIAL ZONING MAP
ACCORDINGLY.
FOR FURTHER INFORMATION, PLEASE CONTACT OR VISIT THE QUEENSBURY
TOWN CLERK'S OFFICE, 742 BAY ROAD, QUEENSBURY (518) 761-8234 DURING
NORMAL BUSINESS HOURS.
BY ORDER OF THE QUEENSBURY TOWN BOARD.
PUBLICATION DATE: NOVEMBER_,2015
CAROLINE H.BARBER
TOWN CLERK
TOWN OF QUEENSBURY