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
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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,
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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.
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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.
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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,
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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
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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
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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.
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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)
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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
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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"
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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
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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,
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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
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