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Staff Notes March 16, 2016 Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: PZ-0074-2016 Project Applicant: Big Bay Lodging,LLC (Hilton Home2 Suites) Project Location: Big Bay Rd. SE of intersection with Corinth Road Parcel History: SP PZ-0054-2016; BP 2012-240 Com'1 Bldg(Taco Bell site) SEQR Type: Unlisted Meeting Date: March 16,2016 Description of Proposed Project: Applicant proposes to construct a 15,095 sq. ft. (footprint), 66 ft four story Hilton Home2 Suites hotel building with 89 rooms, associated parking and inter-connect between Corinth and Big Bay Roads. The floor area for the site is 60,380 sq ft, this includes all floors of the project in relation to the lot size of 2.3 ac. Project includes site work for stormwater management and connection to municipal water and sewer. Relief Required: The applicant requests the following relief. Relief requested from maximum height restrictions, allowable Floor Area Ratio, and minimum road frontage requirements. Section 179-3-040 Establishment of Districts -Dimension requirements. 1. The building is proposed to be 66 ft in height where a 40 ft height maximum is allowed. 2. The building is to proposed to have 60,380 sq ft of floor area for a proposed 2.3 ac parcel whereat 0.3 requirement the maximum allowed is 30,056 sq ft floor area. Criteria for considering an Area Variance according to Chapter 267'of Town Law: In making a determination,the board shall consider: 1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of this area variance. The neighborhood view would be altered where the maximum height in the area is 40 ft. 2. Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. The project site is an area that is under Town Board review for CI-18 zoning where height, density, uses, landscaping, and design are being considered. The applicant is aware of the Town Board's review of new zoning but has submitted the application under the current zoning. The applicant is proposing a 2.3 acre parcel for the development of the hotel where it may be considered to have additional property to achieve the 0.3 FAR requirements. 3. Whether the requested area variance is substantial. The relief would be considered moderate in relation to the code. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The CI zone is an existing area of intense commercial development. The code indicates the purpose is to provide continued infill of commercial development for improvement and appearance of the area. 5. Whether the alleged difficulty was self created. The difficulty may be considered self created where the applicant is aware new zoning may be implemented that may minimize or eliminate the variance for height. The applicant has proposed a 2.3 acre parcel where additional acreage may be considered in regards to eliminating the floor area request. Staff comments: The applicant has completed a variance application for the development of four- story hotel where relief is requested for building height, floor area ratio and physical access. The 2.3 acre parcel is part of a parcel rearrangement of 8 parcels to 3 —lots. Lot arrangement is to be Lot 1 of 1.29 acres includes the Taco Bell restaurant, a vacant Lot to be 4.40 acres to include the access easement roadway and separately the hotel lot of 2.3 acres. The Town Board is in the process of reviewing zoning changes for Exit 18 that includes an area traffic analysis and code revisions. Zoning r Is Community Development Department Staff Notes Zoning Board of Appeals—Record of Resolution Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238 Town of CLueensbiny Area Variance Resolution To: Approve/Disapprove Applicant Name: Big Bay Lodging, LLC—Hilton Home2 File Number: PZ-0074-2016 Location: Big Bay Road, southeast of the intersection of Corinth Road Tax Map Number: 309.13-2-2, 3, 4, 5, 6, 7, 8, and 9 ZBA Meeting Date: Wednesday, March 16, 2016 The Zoning Board of Appeals of the Town of Queensbury has received an application from Big Bay Lodging, LLC — Hilton Home2. The applicant proposes construction of a 15,095 sq. ft. (footprint), 89-room, 4-story hotel (Hilton Home2) and associated sitework. SEQR Planning Board request for Lead Agency. Relief requested from maximum height restrictions, allowable Floor Area Ratio, and minimum road frontage requirements. SEQR Type Unlisted—ZBA consented to Planning Board as Lead Agency on February 17, 2016; A public hearing was advertised and held on Wednesday, March 16, 2016; Upon review of the application materials, information supplied during the public hearing, and upon consideration of the criteria specified in Section 179-14-080(A) of the Queensbury Town Code and Chapter 267 of NYS Town Law and after discussion and deliberation, we find as follows: PER THE DRAFT PROVIDED BY STAFF 1. There is / is not an undesirable change in the character of the neighborhood nor a detriment to nearby properties because 2. Feasible alternatives are and have been considered by the Board, are reasonable and have been included to minimize the request OR are not possible. 3. The requested variance is/is not substantial because 4. There is / is not an adverse impact on the physical or environmental conditions in the neighborhood or district? 5. Is the alleged difficulty is/is not self-created because 6. In addition the Board finds that the benefit to the applicant from granting the requested variance would outweigh (approval) / would be outweighed b denial the resulting detriment to the health, safety and welfare of the neighborhood or community; 7. The Board also finds that the variance request under consideration is the minimum necessary; Page 1 of 2 8. The Board also proposes the following conditions: a) b) , c) Adherence to the items outlined in the follow-up letter sent with this resolution. BASED ON THE ABOVE FINDINGS, I MAKE A MOTION TO APPROVE / DENY AREA VARIANCE NO. PZ-0069-2016 Big Bay Lodging, LLC, Introduced by , who moved for its adoption, seconded by Duly adopted this 16t" day of March 2016 by the following vote: AYES: NOES: Page 2 of 2