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2.3 2.3 ZONING\Queensbury Partners—Fowler Square PUD—Approval- 12-21-15 RESOLUTION APPROVING THE APPLICATION OF QUEENSBURY PARTNERS, LLC, FOR FOWLER SQUARE PLANNED UNIT DEVELOPMENT AND AMENDING THE TOWN OF QUEENSBURY ZONING LAW AND OFFICIAL ZONING MAP ACCORDINGLY 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 Law, 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 1 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 20th and 27th, 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 22"d 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 Zoning Law and Zoning Map to create a PUD District, it must hold a public hearing in accordance with the provisions of the Municipal Home Rule Law and the Town of Queensbury Zoning Law, and WHEREAS, the Town Board duly held such public hearing on Monday, December 21St 2015, and WHEREAS, the Town Board has considered the application materials submitted by Queensbury Partners, LLC, including the proposed Local Law to amend the Town's Zoning Law and Zoning Map, together with a proposed Development Agreement summarizing aspects of the proposed development shown on the plans and/or in the other application materials submitted by Queensbury Partners, and WHEREAS, the Town Board has also considered the conditions and circumstances of the area that would be affected by the proposed redistricting to the Fowler Square Planned Unit Development, 2 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby determines that the proposed Fowler Square Planned Unit Development (PUD), as set forth in the application materials dated August 17, 2015 submitted by Queensbury Partners, LLC, and as summarized in the proposed Development Agreement, meets the purposes and objectives and all of the provisions and requirements of Article 12 of the Town of Queensbury Zoning Law, and BE IT FURTHER, RESOLVED, that in accordance with the Municipal Home Rule Law and Article 12 of the Town's Zoning Law, and subject to the specific conditions and requirements set forth below, the Town Board hereby adopts Local Law No.: of 2015 to amend Queensbury Town Code Chapter 179 (Town of Queensbury Zoning Law) and the Town's official Zoning Map to approve, enact, adopt, and create the Fowler Square Planned Unit Development District located on property bearing Tax Map Nos.: 289.19-1-23 through 289.19-1-35 and located at the corner of Bay and Blind Rock Roads in the Town of Queensbury, as more specifically set forth in Queensbury Partners, LLC's application dated August 17, 2015, and BE IT FURTHER, RESOLVED, that the approval and enactment of the Fowler Square Planned Unit Development District and the implementing revisions to the Town's Zoning Law and Zoning Map are subject to the following conditions: a. Execution by Queensbury Partners, LLC and the Town of the proposed Development Agreement for the Fowler Square Planned Unit Development. b. Site Plan review and approval and, if applicable, Subdivision Review and approval, by the Town Planning Board, and compliance with any conditions imposed by the Planning Board. 3 c. Posting of any security deposit or bond, if deemed necessary by the Town Board and/or Town Planning Board, for required infrastructure improvements. d. Payment of all applicable fees to the Town, including any fees for review by the Town's consultants. e. The limits of clearing shown on the applicant's plans will constitute a no-cut buffer zone. During construction, orange construction fencing shall be installed around these areas and field verified by Community Development staff. f. Any sanitary sewer connection plan must be submitted to the Wastewater Department for its review, approval, permitting and inspection. g. If curb cuts are added or changed, a driveway permit shall be required. A building permit will not be issued until the approved driveway permit has been submitted to the Planning Office. h. Engineering sign-off shall be required prior to signature of Zoning Administrator on the approved plans. i. A right-turn lane shall be installed at the corner of Bay Road and Blind Rock Road before any Certificate of Occupancy is issued for any portion of the proj ect. j. If required, copies of the following will be submitted to the Planning Office: i. Project Notice of Intent (NOI) for coverage under the current "NYSDEC SPDES General Permit for Construction Activity" prior to the start of any site work; ii. Project Notice of Termination(NOT)upon completion of the project. k. The following must be maintained on the project site for review by Town staff: i. Approved final plans that have been stamped by the Zoning Administrator, including the Stormwater Pollution Prevention Plan (SWPPP). ii. Project NOI and proof of coverage under the current NYSDEC SPDES General Permit for Construction Activity, or an individual SPDES permit issued for the project. 4 1. Final approved plans, in compliance with any Site Plan approval, must be submitted to the Community Development Department before any further review by the Zoning Administrator or Building and Codes personnel. m. The project developer and contractor must meet with Planning Department staff after approval and prior to issuance of any building permit and/or the beginning of any site work. n. Subsequent issuance of further permits, including building permits, is dependent on compliance with the foregoing conditions. o. As-built plans to certify that the site plan is developed according to the approved plans is to be provided prior to the issuance of any certificate of occupancy. P. q. r. (Note: The blank lures abo>>e are for use in ease the Toivii Board decides at Monday's meeting that one or more additional conditions should be added If no conditions are added, the blank lilies should simply be crossed out before the Board>>otes on the Resohrtion.) BE IT FURTHER, RESOLVED, that the Town Zoning Map is hereby amended to show redistricting of the lands contained within and set forth as the Fowler Square Planned Unit Development, and BE IT FURTHER, RESOLVED, that this amendment to the Zoning Law and Zoning Map of the Town of Queensbury shall be effective upon the filing of Local Law No.: of 2015 by the Secretary of State, and BE IT FURTHER, 5 RESOLVED, that the proposed Development Agreement for the Fowler Square Planned Unit Development is hereby approved and the Town Supervisor is hereby authorized to sign the Development Agreement on behalf of the Town after it has been signed by the duly authorized member of Queensbury Partners, LLC. Duly adopted this 21St day of December, 2015, by the following vote: AYES NOES ABSENT 6 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 QUEENSBURYAS 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. PAMELA\AGREEMENTS\Planned Unit Development Agreement—Queensbury Partners PUD—12-4-15 FOWLER SQUARE PLANNED UNIT DEVELOPMENT DEVELOPMENT AGREEMENT DATED: DECEMBER , 2015 BY AND BETWEEN THE TOWN OF QUEENSBURY 742 Bay Road Queensbury,New York 12804 AND QUEENSBURY PARTNERS, LLC 269 Ballard Road Wilton,New York 12831 11Page THIS AGREEMENT, made this day of December, 2015, by and between the TOWN OF QUEENSBURY, a municipal corporation with offices located at 742 Bay Road, Queensbury, New York, 12804 (hereinafter referred to as "Queensbury") and QUEENSBURY PARTNERS, LLC, Ballard Road, Wilton, New York 12831 (hereinafter referred to as the "Owners"). WITNESSETH: WHEREAS, the Owners are the title holders to parcels of land within the Town of Queensbury comprising the Fowler Square development under an application for a Planned Unit Development District("PUD"), and WHEREAS: Queensbury has approved the rezoning of Owners'parcels conditioned upon execution of a Planned Unit Development agreement, and WHEREAS, the parties have reached agreement on the terms for the development of the Fowler Square PUD and they desire to memorialize such agreement in a signed writing consistent with the application materials for the rezoning, NOW, THEREFORE,the parties agree as follows: 1. DENSITY AND BUILD-OUT. The density and build-out of the PUD is generally depicted on plans prepared by The LA Group and contained in the PUD application materials dated August 17, 2015 that were submitted to the Town Clerk. The plans consist of sheets identified as follows: L1.1-L1.3, Site Preparation and Erosion Control Plan, L1.4, Site Phasing Plan, L2.1-L2.3, Site Layout and Materials Plan, L3.1-L3.3, Site Grading and Drainage Plan, L4.1-L4.3, Site Utility Plan, L4.4, Sanitary Sewer Profile, L5.1-L5.3, Site Landscape Plan, L6.1- L6.3, Site Lighting and Photometric Plan, L7, Site Details, L8, Site Details, L9, Utility Details, L10, Drainage Details, L11,Drainage Details, and L12,Drainage Details, all of which are hereby referenced herein as if fully set forth and attached to this Agreement. The plans are subject to modification by the Owners and the Queensbury Planning Board during the Site Plan review process, subject to the following limitations: a. Density. The build-out of the PUD is limited to a maximum of 142 residential dwelling units and 56,180 square feet of combined small office/retail as set forth in the development standards contained herein. b. Limitation of Areas of Development. The parcel area totals 34.050 ± acres, of which 10.55 f ac is wetland. There shall be no development within the wetlands. 21Page c. Permissible Areas of Development. The permissible areas of development are 21.827±ac of the property as depicted on specifications L2.1 and L2.2. 2. CONNECTIONS TO TOWN WATER AND SANITARY SEWER SYSTEMS. Owners shall install as required in the standards set forth by the Town Water/Wastewater Department a connection to the Town water system to adequately supply water to all of the buildings of the PUD. Owners shall install as required in the standards set forth by the Town Water/Wastewater Department a connection to the Town sanitary sewer system to adequately supply sanitary sewer service to all of the buildings of the PUD. This extension shall also include provision of fire hydrants as required by the Town Water/Wastewater Department. The water and sanitary sewer system improvements on the project site shall be privately owned as part of the PUD. 3. DEVELOPMENT STANDARDS. The PUD will be developed as follows: a. Buildings: The maximum development for buildings is as follows: i. Bldg. No. 1 - 2 story/24,000±s.f. footprint Allowed Uses: 1st Floor - convenience store, bank, business service, day care center, food service, fast food establishment, health related facility, microbrewery, live theater, movie theater, museum, office large and office small,personal service, and retail 2°d Floor- Small office, health related facility, office small and office large Maximum Building Height: 54' (including mechanicals) Minimum setback from Bay Road: no less than 75 feet, provided that this shall not include roof hangovers, light fixtures, deck overhangs Minimum setback from southern property line: 105' It is the intent that this building will be constructed as applicant's demand dictates. ii. Bldg. No. 2- 3 story/38,000± s.f. footprint Allowed Uses: 1st Floor -convenience store, bank, business service, day care center, food service, fast food establishment, health related facility, microbrewery, live theater, movie theater, museum, office large and office small,personal service, and retail 2nd Floor—35 Multi-family residential units 3rd Floor- 35 Multi-family residential units Maximum Building Height: 54' (including mechanicals) 3IPage Minimum Setback from Bay Road: 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 Minimum Setback from Blind Rock Road: 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 It is the intent that this building will be constructed at the same time or before buildings 2 through 11. iii. Bldg.No.3- 2 story 7,500±s.f. footprint Allowed Use: Multi-family residential units (8 units) Maximum Building Height: 32' 7" Minimum Setback from Blind Rock Road: 53'6" iv. Bldg. No.4- 2 story 7,500± s.f. footprint Allowed Use: Multi-family residential units (8 units) Maximum Building Height: 32' 7" Minimum Setback from Blind Rock Road: 75' v. Bldg.No. 5- 2 story 7,500± s.f. footprint Allowed Use: Multi-family residential units (8 units) Maximum Building Height: 32' 7" Minimum Setback from Blind Rock Road: 75' vi. Bldg. No. 6- 2 story 7,500± s.f. footprint Allowed Use: Multi-family residential units(8 units) Maximum Building Height: 32' 7" Minimum Setback from Blind Rock Road: 75' Minimum Setback from Wetland: 75' vii. Bldg. No. 7- 2 story 7,500±s.f. footprint Allowed Use: Multi-family residential units (8 units) Maximum Building Height: 32' 7" Minimum Setback from Blind Rock Road: 75' Minimum Setback from Wetland: 75' viii. Bldg.No. 8- 2 story 7,500±s.£ footprint g rY P Allowed Use: Multi-family residential units (8 units) Maximum Building Height: 32' 7" Minimum Setback from Wetland: 75' ix. Bldg.No.9- 2 story 7,500±s.f. footprint Allowed Use: Multi-family residential units (8 units) Maximum Building Height: 32' 7" 41 Page Minimum Setback from Wetland: 75' x. Bldg.No. 10- 2 story 7,500±s.f. footprint Allowed Use: Multi-family residential units (8 units) Maximum Building Height: 32' 7" Minimum Setback from Wetland: 75' xi. Bldg. No. 11- 2 story 7,500± s.f. footprint Allowed Use: Multi-family residential units (8 units) Maximum Building Height: 32' 7" Minimum Setback from Wetland: 75' b. Parking: Required spaces per code 471 Small Office 47 Retail Business 211 Multi-family residential 213 c. Shared Required spaces Small Office 310 Retail Business 28 Multi-family residential 213 Total Parking Spaces Available Per Plans: 503 4. RECREATION FEES. Owners shall pay a recreation fee pursuant to the Town Code in an amount equal to $850.00 for each of the approved 142 dwelling units provided for in this Agreement and the approvals of the Town, which payment shall be in accordance with §124-8 of the Queensbury Town Code, as amended. The total recreation fee is $120,700.00. 5. SEWER CONTRIBUTION. Owners shall pay the requisite buy-in fee to the Town of Queensbury in an amount equal to $3.27 per gallon of project sanitary sewer flow, calculated as follows: capacity, $2.12 per gallon, and equity to Queensbury Consolidated Sewer District, $1.15 per gallon. The estimated sewer usage is 37,000 gpd, resulting in a total buy-in fee of$120,990.00. This amount shall be paid by Owners to the Town on a per completed building/structure basis prior to the issuance of a Certificate of Occupancy for any portion of each building/structure based as follows: $120,990.00 divided by 11 buildings = $11,000.00 per building for each of the first 10 buildings plus one final payment of$10,990.00 for the final building constructed. In addition, the Owners agree Wage to contribute the sum of $30,000.00 towards downstream infrastructure improvements which will be paid on or before issuance of Certificate of Occupancy for the first commercial building/structure. 6. TURNING LANE. At the inception of construction for the PUD, Owners shall have installed a right turn lane onto Bay Road from Blind Rock Road as depicted on the plans. 7. EROSION CONTROL. The PUD shall be constructed in accordance with measures as described in Chapter 147 of the Town Code and the "N.Y.S. Guidelines for Urban Erosion and Sediment Control" throughout all phases of road, residential and/or commercial construction, and as provided for in the stormwater management plans submitted to and approved by the Town. 8. STORMWATER MANAGEMENT. Stormwater management will be depicted by Owners' engineers on the final Site Plan. There shall be no direct surface water discharge from structures or roadways into designated wetland areas. The PUD shall be designed and constructed in accordance with Stormwater Management Regulations in Chapter 147 of the Town Code and pursuant to Site Plan review by Planning Board. Owners agree to keep and maintain all stormwater components in full functioning and working order in accordance with the plans and specifications in perpetuity. 9. FIRE ACCESS GATE. Prior to the issuance of any Certificate of Occupancy for any residential unit, Owners shall have constructed the fire access gate and"Knox Box" along Blind Rock Road as depicted on the plans. 10. REMEDY ON BREACH. It is understood by and between the parties that the Town Board of the Town of Queensbury has made a SEQRA determination and will make legislative decisions based upon representations made by the Owners as promised herein that the Fowler Square PUD shall be constructed in accordance with the provisions set forth herein. It is hereby agreed and understood that if the Owners are found to be in breach of this Agreement, then the Town may apply to the Supreme Court of the State of New York for mandatory injunctive relief, specific performance, and/or damages, including attorneys' fees and expenses, as may be appropriate to cause the Fowler Square PUD to be in conformity with the provisions of this Agreement. 11. AGREEMENT SHALL RUN WITH THE LAND. This Agreement shall be binding upon, and inure to the benefit of, the parties hereto and their successors in interest, Wage P r beneficiaries and assigns, and shall run with the land. The Owners agree that if any party or portion of the project is sold, conveyed, transferred, assigned, or in any manner released to another individual or entity, it will be subject to the terms of this Agreement. The Owners will file a copy of this Agreement in the Warren County Clerk's Office. 12. SURVIVORSHIP OF VALIDITY. If any provision of this Agreement is found to be invalid or unenforceable, such provision shall be deemed to be modified so as to be valid and enforceable, and any determination that any provision is invalid or unenforceable shall not affect the validity or enforceability of any other provision, term, or condition of this Agreement. 13.AMENDMENTS. This Agreement may only be amended by written agreement approved by and signed by the parties hereto. IN WITNESS WHEREOF, the parties have set forth their hands and seals as of the date first written above. Queensbury Partners, LLC Town of Queensbury By: By: Hon. John F. Strough, Supervisor State of New York ) County of ) ss.: On the day of in the year before me, the undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public State of New York) County of ) ss.: On the day of in the year before me, the undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public 7IPage