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4.11 4.11 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