LL 09 Qsby Partners for Fowler Sq. PUD Amend Town Zoning Law and Zoning Map C:) TOWN OF Q UEENSB URY
742 Bay Road, Queensbury, NY 12804-5902 518-761-8201
RIEW
December 30,2015
General Code Publishers Corp.
781 Elmgrove Road
Rochester,NY 14624-2991
To Whom It May Concern:
Enclosed please find Local Law 8,2015 Amending Queensbury Town Code
Section 14-5 to Eliminate Requirement for Town Officer to Submit Disclosure Statement
Upon Appointment and Local Law 9,2015 Approving Application of Queensbury
Partners, LLC Fowler Square PUD and Amending the Town of Queensbury Zoning Law
and Official Zoning Map that was adopted at a Regular Town Board Meeting on
December 21 st,2015.
Please note that these Local Laws were previously sent to you as Local Laws 6, and 7,of
2015, which are the wrong numbers so please disregard them and replace them with the
ones enclosed.
If you have any questions please feel free to contact our office.
Respectfully,
Karen A. O'Brien
Deputy Town Clerk I
Town of Queensbury
Enc.
"HOME OF NATURAL BEAUTY...A GOOD PLACE TO LIVE"
SETTLED 1763
TOWN OF QUEENSBURY
"Home of Natural Beauty...A Good Place to Live" Settled 1763
December 23`d, 2015
New York Department of State
One Commerce Plaza
99 Washington Avenue
Albany,NY 12231-001
Enclosed please find a copies for your filing of Local Law No, 6,2015 Amending
Queensbury Town Code Section 14-5 To Eliminate Requirement for Town Officer to
Submit Disclosure Statement Upon Appointment and Local Law 7,2015 Approving
Application of Queensbury Partners, LLC,For Fowler Square Planned Unit Development
and Amending the Town of Queensbury Zoning Law and Official Zoning Map that was
adopted at a Regular Town Board Meeting on December 21",2015.
If you have any questions please feel free to contact our office.
Respectfully,
Karen A. O'Brien
Deputy Town Clerk I
Town of Queensbury
Ene.
cc:General Code Publishers
742 Bay Road ♦ Queensbury, NY 12804 ♦ Phone: 518.761.8201 ♦ wwwqueensbury.net
RX Date/Time 01113/2016 11:16 518 473 0730 P.001
01/13/2016 11:05 518-473-0730 NYSDOS MISC. STATE R PAGE 01/01
STATE OF NEW YORK
DEPARTMENT OF STATE ANDREW M.CUOMO
ONE COMMERCE PLAZA GovERNOR
99 WASHINGTON AVENUE
ALES
AwANY.NY 12231-0001 CiLSAR A.
SEGF[TARY OF
F STATE
VW WV.DOS.NY.GOV
January 13, 2016
Town Clerk
RE: Town of Queensbury, Local Law 7 2016, filed on December 29, 2015
Dear Sir/Madam:
The above referenced material was filed by this office as indicated. Additional
local law filing forms can be obtained from our website, www.dos.n . ov.
Sincerely,
State Records and Law Bureau
(518) 473-2492
NEwYoeK Department
of State
STATE OF
°�°° "n
Rx Date/Time 01113/2016 11:16 518 473 0730 P.001
01/13/2016 11:05 518-473-0730 NYSDOS MISC. STATE R PAGE 01/01
STATE OF NEW YORK
DEPARTMENT OF STATE ANDREW M.CUC)MO
ONE Co MuLRGE PLAZA Gov ERNOP.
99 WASHiNGTON AVENUE
C[SAR A. P
ALBANY.NY 12231-0001
SEG OV STATE
OF STATE
VVVM.DOS.NY.GOV
January 13, 2016
Town Clerk
RE: Town of Queensbury, Local Law 7 2015, filed on December 29, 2015
Dear Sir/Madam:
The above referenced material was filed by this office as indicated. Additional
local law filing forms can be obtained from our website, www.dos.ny.gov.
Sincerely,
State Records and Law Bureau
(518) 473-2492
NEwYORK Department
STATE CW
°"°RT"n- of State
New York State Department of State
Division of Corporations,State Records and Uniform Commercial Code
One Commerce Plaza,99 Washington Avenue
Local Law Filing Albany, NY 12231-0001
www.dos.state.ny.us/corps
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
[]County []City [3Town ❑Village
(Select one:)
of _ Oueensbury
Local Law No. 9, of the year 20 15
A local law Local Law Approving Application of Queensbury Partners, LLC,
(lased Title)
For Fowler Square Planned Unit Development and Amending the Town of
Queensbury Zoning Law And Official Zoninq Map
Be it enacted by the Town Board of the
(Name ofLegislative Body)
❑County ❑City ®Town ❑Village
(Select one.)
of Queensbury as 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.
(if additional space is needed,attach pages the same size as this sheet,and number each.)
DOS-02394-1 (Rev.06/12) Page 2 of 4
( 1 )
r i
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.
(2)
r
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. % inal adoption by local legislative body only.)
I hereby certify-that-the-local law annexed hereto, designated as local law No. 9► of 20J L of
the PMM)Wlg)(Town)(XIN )of 4ueensbury was duly passed by the
Town Board on 12/21 / _.10 � in accordance with the applicable
(Name of>±egtslanv)jooy)
provisions of law.
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective
Chief Executive Officer%)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the(County)(City)(Town)(Village)of was duly passed by the
on 20 , and was (approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval) by the and was deemed duly adopted
(Elective Chief Executive Officer*)
on 20m, in accordance w ith the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the(County)(City)(Town)(Village)of was duly passed by the
on 20 , and was(approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval) by the on 20
(Elective Chief Executive Officer*)
Such local law was submitted to the people by reason of a(mandatory)(permissive)referendum, and received the affirmative
vote of a majority of the qualified electors voting thereon at the(general)(special)(annual)election held on
20 , in accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the (County)(City)(Town)(Village)of was duly passed by the
on 20 , and was (approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval)by the on 20 . Such local
(Elective Chief Executive Officer*)
law was subject to permissive referendum and no valid petition requesting such referendum was filed as of
20 , in accordance with the applicable provisions of law.
*Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or,if there
be none,the chairperson of the county legislative body,the mayor of a city or village,or the supervisor of a town where such officer is
vested with the power to approve or veto local laws or ordinances.
DOS-0239-f-I (Rev.06112) (3) Page 3 of 4
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the City of having been submitted to referendum pursuant to the provisions of section (36)(37)of
thei 4tinicipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting
thereon at-the(special)(general)election held on 20 , became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the County of State of New York, having been submitted to the electors at the General Election of
November 20 ,pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having
received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the
qualified electors of the towns of said county considered as a unit voting at said general election, became operative.
(if any other authorized form of final adoption has been followed, please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the original on file in this off nd that the same is a
correct transcript therefrom and of the whole of such original local 1 , nd was fi adop ed in a manner indicated in
paragraph,_ 1 above. "
Clerk of the county legislative body,City,Town or Village Clerk or
officer designated by I cal legislative body
(Seal) Date:
DOS-0239-f-I (Rev.06/12) (4) Page 4 of 4
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
1
WHEREAS, on or about October 20`h and 271h, 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 21",
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
2
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.
3
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
(S WPPP).
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.
4
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 21s' day of December, 2015,by the following vote:
AYES : Mr. Metivier, Mr. VanNess,Mr. Strough
5
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® g
Codification Division
p:1-855-GEN-CODE fax:1-585-328-8189
email:ersupp@generalcode.com
12/31/2015 #31 74
Ms. Caroline H. Barber:
The following material has been received and will be processed for inclusion
in your Code as supplemental pages(where applicable):
---------------
LL No [6-7]-2015
cue -}o v im,n ' ����r
Town of Queensbury
742 Bay [Road {
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