438.2015 Approve PUD Fowler Square 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.: 438, 2015
INTRODUCED BY : Mr.William VanNess
WHO MOVED ITS ADOPTION
SECONDED BY : Mr. Anthony Metivier
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
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
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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,
NOW, THEREFORE, BE IT
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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.: 9, 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.
c. Posting of any security deposit or bond, if deemed necessary by the Town Board
and/or Town Planning Board, for required infrastructure improvements.
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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 at the inception of construction.
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.
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.
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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. Construction traffic shall use Bay Road.
and
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.: 9, of 2015 by the Secretary of
State, and
BE IT FURTHER,
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 : Mr. Metivier, Mr. VanNess, Mr. Strough
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NOES : Mr. Clements, Mr. Irish
AB SENT:None
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