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3.07 3.7 Zoning\\Chapter 179 – 179-3-040 – Zoning Districts and 179-4-090 – Parking and Loading Regs – Aviation Mall Newco – 5-4-2020 RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW TO AMEND CHAPTER 179 “ZONING” OF QUEENSBURY TOWN CODE TO REVISE §179-3-040 “ESTABLISHMENT OF ZONING DISTRICTS” AND §179-4-090 “PARKING & LOADING REGULATIONS” RESOLUTION NO.: ________________________________________________, 2020 INTRODUCED BY: _______________________________________________ WHO MOVED ITS ADOPTION SECONDED BY: ________________________________________________ WHEREAS, Aviation Mall Newco, LLC, (Applicant) submitted a petition to allow for the addition of multi-family residential uses as allowed by Site Plan Review and to amend parking and subdivision requirements in the Enclosed Shopping Center (ESC) zoning district, and WHEREAS, applications for zoning code changes are forwarded to the Town Planning Department and Planning Board for recommendations in accordance with §179-15-040 of the Town Zoning Law and following such recommendations, the Town Board reviews the applications and takes such other action as it shall deem necessary and proper, and WHEREAS, by Resolution No.: 116,2020, the Town Board accordingly authorized the Town Clerk to forward the Applicant’s Petition for Change of Zone Application to the Planning Board for report and recommendation, and WHEREAS, the Town Planning Board reviewed such Application and submitted comments to staff that were summarized and forward to the Town Board by staff on April 15, 2020, and WHEREAS, the Town Board wishes to consider adoption of proposed Local Law No.: __ of 2019 to amend Queensbury Town Code Chapter 179 to reflect such changes as set forth above, and WHEREAS, before the Town Board may amend, supplement, change, or modify its Zoning Code, it must hold a public hearing in accordance with the provisions of Town Law §265, the Municipal Home Rule Law and the Town of Queensbury Zoning Laws, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, May th 18, 2020 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties concerning adoption of Local Law No.: ___ of 2020 to amend Chapter 179 “Zoning” of Queensbury Town Code to revise §179-3-040 “Establishment of Zoning Districts” and §179-4-090 “Parking & Loading Regulations”, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk’s Office to provide 10 days notice of the public hearing by publishing a Notice of Public Hearing in the Town’s official newspaper and posting the Notice on the Town’s bulletin board, and BE IT FURTHER, RESOLVED, in accordance with Town Zoning Law §179-15-070(C), as the proposed rezoning involves less than 30 parcels, the Town Board further authorizes and directs the Community Development Department to provide the Town Clerk’s Office with a list of all property owners located immediately within and immediately adjacent to the ESC District proposed to be rezoned so that the Town Clerk’s Office may send the Notice of Public Hearing to the applicant as well as the property owners of record, and BE IT FURTHER, 2 RESOLVED, that the Town Board further directs the Community Development Department to forward the petition to the Warren County Planning Department for its review and comment in accordance with New York State General Municipal Law §239-M, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk’s Office to send the Notice of Public Hearing to the Clerk of the Warren County Board of Supervisors, Warren County Planning Department and other communities or agencies that it is necessary to give written notice to in accordance with New York State Town Law §265, the Town’s Zoning Regulations and the Laws of the State of New York. th Duly adopted this 4 day of May, 2020, by the following vote: AYES : NOES : ABSENT: 3 Chapter 179-3-040–Zoning Commercial District-Enclosed Shopping Ctr-Add Multi Family Residential-Aviation Mall Newco-5-18-20 LOCAL LAW NO.: __ OF 2020 A LOCAL LAW TO AMEND CHAPTER 179 “ZONING” OF QUEENSBURY TOWN CODE TO REVISE §179-3-040 “ESTABLISHMENT OF ZONING DISTRICTS” AND §179-4-090 “PARKING & LOADING REGULATIONS” BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: SECTION 1. Queensbury Town Code Chapter 179, “Zoning,” §179-3-040 entitled "Establishment of zoning districts," Section (B)(1) is hereby amended as follows: § 179-3-040. Establishment of zoning districts. B. Commercial Districts. (1) Enclosed Shopping Center ESC. The ESC District encompasses those areas where shopping center development exists or is anticipated. The intent of this district is to ensure that shopping center development, as well as compatible commercial and multi-family residential infill development, provides safe access points, coherent and safe traffic patterns, efficient loading and unloading, aesthetically pleasing shopping environments and safe pedestrian circulation. This area of the Town formerly consisted, under the 2002 Zoning Law, of the same district boundaries as are currently established herein but with the zoning district designation of "ESC-25A." _______________________________________________ Note: Language in bold italics is new language to be added; Language with line drawn through is old language to be deleted. 1 (a) Uses allowed. The uses allowed in this district are set forth on Table 3 of this chapter. Freestanding buildings are permitted in this district. (b) Dimensional requirements. All uses in this district must comply with the requirements of Table 1 of this chapter and as follows (Note that all are minimum requirements except density and building height which are maximum restrictions.): \[1\] Minimum lot size: 2.5 acres per principle use/structure. \[2\] \[1\] Front yard setback: 40 feet. Buildings in excess of 40 feet in height shall require a front setback of 100 feet or greater. \[3\] \[2\] Side yard setback: 30 feet. \[4\] \[3\] Rear yard setback: 30 feet. \[5\] \[4\] Shoreline/stream/wetland setback: 150 feet. \[6\] \[5\] Lot width: 500 feet. \[7\] \[6\] Road frontage: 75 feet. \[8\] \[7\] Water frontage: 200 feet. \[9\] \[8\] Building height: 70 feet. Buildings in excess of 40 feet in height shall require a front setback of 100 feet or greater. \[10\] \[9\] Percent permeable: 20%. _______________________________________________ Note: Language in bold italics is new language to be added; Language with line drawn through is old language to be deleted. 2 \[11\] \[10\] Percent landscaped: 15%. \[12\] The maximum residential density shall be 15 dwelling units per floor per acre. (c) Development standards. The standards and requirements set forth in Article 4 of this chapter shall apply to all uses in this district as well as expansion, remodeling or change of use to existing structures and uses. (d) Subdivisions Requirements. Parcels of land utilized for (1) Mall Anchor Stores greater than 30,000 square feet each and (2) multi-family residential facilities may be subdivided without otherwise required setbacks or frontage on a public road, with required reciprocal access and parking easements between separate parcels recorded in the Warren County Clerk’s Office. SECTION 2. Queensbury Town Code Chapter 179, “Zoning,” §179-4-090 entitled "Parking & Loading regulations," Sections (F) and (J) through (M) are hereby amended as follows: § 179-4-090. Parking & Loading regulations. F. Off-street parking schedule. The off-street parking schedule is found on Table 5 which follows. Parking requirements for uses not listed in this schedule shall be determined by the Planning Board, which shall consider the requirements of the most similar use(s) in making its determination Table 5: Parking Requirements Use Minimum Number of Spaces _______________________________________________ Note: Language in bold italics is new language to be added; Language with line drawn through is old language to be deleted. 3 Enclosed Shopping Center 5 per 1,000 square feet of GLFA up to 150,000 square feet; 4.5 per 1,000 square feet GLFA up to 500,000 square feet; 4.0 3.75 per 1,000 square feet of GLFA above 500,000 square feet Multifamily house/dwelling 1.5 per unit. 1.25 parking spaces per unit in the Enclosed Shopping Center (ESC) district. J. Shared parking is permitted for all uses in the Enclosed Shopping Center zoning district regardless of whether the uses are on a separate subdivided parcel. JK. All parking shall be lighted in accordance with the standards in § 179-6-020. KL. When a change in the intensity of use of any building or structure would increase the required parking by 10 or more spaces, through an addition or change in the number of dwelling units, gross floor area, gross leasable floor area, seating capacity, or other units of measurement specified herein, the increment of additional required parking shall be provided in accordance with this section, unless a waiver is granted by the Planning Board. If fewer than 10 spaces are required by a change or a series of changes in use, the requirement for such space shall be waived. M. (Reserved) Off-street loading (1) Except as provided in Subsection L M(2), at least one off-street loading facility shall be provided for each commercial or industrial establishment hereafter erected or substantially altered to have a gross floor area in excess of 5,000 _______________________________________________ Note: Language in bold italics is new language to be added; Language with line drawn through is old language to be deleted. 4 square feet, computed as described below. Space for an off-street loading facility shall be in addition to space for off-street parking. (2) An enclosed shopping center shall provide two off-street loading spaces for each department store tenant. The Planning Board will require additional centralized loading facilities as may be reasonably necessary to service interior mall tenants, taking into consideration interior service corridors, traffic and parking patterns and architectural design. (3) Each off-street loading facility shall be subject to the following minimum requirements: (a) Each berth shall be not less than 12 feet wide, 40 feet long and, when covered, 14 feet in height. (b) Off-street loading facilities located within 50 feet of a residential property shall be shielded by walls, fencing or other suitable material which shall serve to screen noise and uncontrolled entrances. SECTION 3. Queensbury Town Code Chapter 179, “Zoning,” Attachment 1:1 entitled, “Table 1: Table of Area Requirements," is hereby amended as attached. SECTION 4. Queensbury Town Code Chapter 179, “Zoning,” Attachment 3:1 entitled, “Table 3: Summary of Allowed Uses in Commercial Districts," is hereby amended as attached. SECTION 5. The invalidity of any clause, sentence, paragraph or provision of this Local Law shall not invalidate any other clause, sentence, paragraph or part thereof. SECTION 6. All Local Laws or ordinances or parts of Local Laws or ordinances in conflict with any part of this Local Law are hereby repealed. _______________________________________________ Note: Language in bold italics is new language to be added; Language with line drawn through is old language to be deleted. 5 SECTION 7. 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. _______________________________________________ Note: Language in bold italics is new language to be added; Language with line drawn through is old language to be deleted. 6 Existing text; text to be inserted; text to be deleted ZONING 179 Attachment 1 Town of Queensbury Table 1: Table of Area Requirements \[Amended 1-28-2011 by L.L. No. 2-2011; 3-18-2013 by L.L. No. 2-2013; 12-16-2013 by L.L. No. 7-2013; 10-6-2014 by L.L. No. 5-2014; 4-18-2016 by L.L. No. 3-2016; 10-17-2016 by L.L. No. 7-2016; 2-27-2017 by L.L. No. 3-2017\] Minimum Minimum Setbacks Maximum Building Floor Height Minimum Lot Road Water Area for Merchandise Minimum Area 1 7 Proposed Lot Size WidthFrontage Frontage Clustering DisplayPercent Depth Front Side Rear Shoreline Ratio (feet) District Symbol (acres) Density (feet) (feet) (feet) (acres) (feet) Permeable Notes (feet) (feet) (feet) (feet) (feet) (FAR) LC-42A 42 400 400 — 400 210 100 100 100 200 95% 35 Land conservation LC-10A 10 400 400 — 400 50 100 100 100 200 95% 35 Parkland recreation PR-42A 42 400 400 800 800 210 100 100 100 150 90% 35 2 RR-5A 5 400 400 — 200 25 100 75 100 75 75% 40/35 Rural residential 2 RR-3A 3 400 400 — 200 15 100 75 100 75 75% 40/35 93 Waterfront WR 2 150 150 — 150 4 30 25, 20, 15, 30 50/75 75% 28 0.22 12: varies residential with lot 10 width 32 Moderate-density MDR 2 or 1 100 100 — 100 2 30 25 30 75 50% 40/35 residential 52 Neighborhood NR 0.5 or 50 50 50 20 10/0 15 50 35% 40/35 4 residential 10,000 sf 6 Recreation RC 15,000 sf 75 75 200 30 20 20 75 30% 35 commercial Commercial CM 1 150 50 200 150 NA 75 20 minimum; 25 75 25 30% 40 0.3 sum 50 moderate Commercial CI 1 150 50 200 150 NA 75 20 minimum; 25 75 25 30% 40 0.3 intensive sum 50 1111 Commercial CI-18 1 150 50 200 NA NA 50-100 20 minimum; 18 75 30% 40-70 30% landscaped 25 18 sum 50 Intensive – Exit 18 Office O Nonresidential: 0.5 acre per 250 75 80 75 25 25 75 35% 40 15% landscaped 7,000 square feet of floor area Residential: 1 acre per 8 dwelling units Neighborhood NC 1 acre per principal use or 50 50 100 75 40 20 15 75 30% 30 commercial structure 1317 Main Street MS 50 50 75 40-100 10 50 5%-10% 5% landscaped 14 16 040 varies with 15 lot size CLI 200 100 200 200 50 30 30 75 30% 60 40,000 square feet Commercial Light 1 acre per principal use or Total building size Industrial structure cap for retail use only 179 Attachment 1:1 05 - 01 - 2017 Existing text; text to be inserted; text to be deleted QUEENSBURY CODE Minimum Minimum Setbacks Maximum Building Minimum Floor Height Minimum Lot Road Water Area for Merchandise Percent Area 1 7 Lot Size WidthFrontage Frontage Clustering DisplayPermeabl Proposed Ratio Depth Front Side Rear Shoreline (acres) (feet) (feet) (feet) (acres) (feet) e (feet) (FAR) District Symbol Density (feet) (feet) (feet) (feet) (feet) Notes Light Industrial LI-VF 1 200 200 NA 50 20 20 75 30% 35 0.3 Veteran’s Field Heavy industry HI 3 acres minimum per principal 300 300 400 200 NA 100 50 50 200 30% 50 use or structure 2020202020 2.5 Maximum residential density Enclosed shopping ESC 500 75 200 NA 40 30 30 150 20% 19 15% minimum 70 shall be 15 dwelling units per floor center landscaped per acre NOTES: 1 Minimum lot widths require compliance with access management requirements for shared driveways or double lot width. 2 Thirty-five-foot building height applies within the Adirondack Park. 3 Two acres of land per residential unit if not connected to public sewer and water systems; one acre of land per residential unit if connected to public water and sewer systems. 4 Five-tenths acre of land per residential unit if not connected to public sewer and water systems; 10,000 square feet of land per residential unit if connected to public sewer and water systems. 5 Ten feet if buildings not connected or zero if connected. 6 With a minimum of 15,000 square feet of land per 2,000 square feet of floor area. 7 Setback from the edge of pavement. 8 Accessory structures shall have a maximum height of 16 feet. 9 Seventy-five-foot setback applies to lands in the Rural Use classification in the Adirondack Park. See Zoning Map. 10 See § 179-3-040A(5)(b)\[3\]. 11 A building setback greater than the minimum requirement of 50 feet may allow for a building height greater than the maximum of 40 feet otherwise allowed. See § 179-3040B(8)(b)\[2\] and \[9\]. 13 See §§ 179-3-040B(5)(b)\[2\], 179-3-040B(5)(b)\[9\], and 179-7-070A(1)(c). 14 Buildings shall occupy a minimum of 60% of the build-to lot width as measured by the building facade width divided by the build-to lot width. See § 179-3-040B(5)(b)\[3\]. 15 §§ 179-3-040B(5)(b)\[10\] and 179-3-040B(5)(b)\[11\]. 16 See § 179-3-040B(5)(b)\[9\]. 17 See § 179-3-040B(5)(b)\[11\]. 18 Parcels adjacent to residential uses shall require a minimum fifty-foot setback which shall include at least a twenty-five-foot vegetated buffer. 19 Buildings in excess of 40 feet in height shall have a front setback of 100 feet or greater. 20 See §179-3-040(B)(1)(d) for exemptions. 179 Attachment 1:2 05 - 01 - 2017 Existing text; text to be inserted; text to be deleted 179 Attachment 3 Town of Queensbury Table 3: Summary of Allowed Uses in Commercial Districts \[Amended 4-19-2010 by L.L. No. 7-2010; 1-28-2011 by L.L. No. 2-2011; 4-1-2013 by L.L. No. 3-2013; 12-16-2013 by L.L. No. 7-2013; 7-21-2014 by L.L. No. 2-2014; 10-6-2014 by L.L. No. 5-2014; 9-14-2015 by L.L. No. 5-2015; 4-18-2016 by L.L. No. 3-2016; 10-17-2016 by L.L. No. 7-2016\] KEY AU = Accessory Use PU = Permitted Use SPR = Site Plan Review Use SUP = Special Use Permit Required Blank = Not Permitted Enclosed Commercial Commercial Commercial Shopping Main Neighborhood Recreation (3) Office Moderate Intensive Intensive- Exit 18 Center Street Commercial Commercial Commercial Use Table CM CI CI-18 ESC MS NC O RC <600 feet >600 feet from arterial from arterial Amusement center SUP SUP SPR (5) Apartment house SPR (5) Apartment house above SPR first floor (5) Apartment house/condos (4) (2) SPR SPRSPR (5) Apartment house/condos SPR SPR (2) SPR above first floor Auto body/repair shop SPR Automobile service SPR SPR SPR Automotive sales and SPR SPR service Bank SPR SPR SUP SPR SPR SPR SPR Business service SPR SPR SUP SPR SPR SPR SPR SPR Campground SPR Car wash SPR Cemetery SPR Commercial boat SPR sales/service/storage Convenience store SPR SPR SUP SPR SPR SPR SPR 12 - 01 - 2016 179 Attachment 3:1 Existing text; text to be inserted; text to be deleted QUEENSBURY CODE Enclosed Commercial Commercial Commercial Shopping Main Neighborhood Recreation (3) Office Moderate Intensive Intensive- Exit 18 Center Street Commercial Commercial Commercial Use Table CM CI CI-18 ESC MS NC O RC <600 feet >600 feet from arterial from arterial Convention, sports or SPR SUP SUP SPR SPR SPR SPR exhibit center Day-care center SPR SPR SPR SPR SPR SPR Drive-in theater SPR Enclosed shopping center SUP Fast-food establishment SPR SUP SUP Firing range, indoor SUP Food service SPR SPR SUP SPR SPR SUP AU AU SPR Funeral home SPR SPR Gallery SPR SPR SPR SPR SPR SPR Golf course SPR SPR Golf driving range SUP SUP Health-related facility SPR SPR SUP SPR SPR SPR Kennel SUP Library SPR SPR Limousine service SPR Microbrewery SPR SUP SPR Live theater SPR SUP SPR Mineral extraction SUP Mobile home sales SPR Motel SPR SPR SUP SUP SPR Movie theater SPR SPR SUP SPR 2 (5) Multifamily SPR (3) SPR SPR house/condos Municipal center SPR SPR Museum SPR SPR SPR Nightclub SUP SUP SPR SUP Nursery SPR SPR (1) Office, large SPR SPR SUP SPR SUP (1) (1) SPRSPR Office, small SPR SPR SUP SPR SPR SPR SPR SPR Outdoor concert events SUP Paintball facility SUP Parking lot SPR SPR SUP SPR 12 - 01 - 2016 179 Attachment 3:2 Existing text; text to be inserted; text to be deleted ZONING Enclosed Commercial Commercial Commercial Shopping Main Neighborhood Recreation (3) Office Moderate Intensive Intensive- Exit 18 Center Street Commercial Commercial Commercial Use Table CM CI CI-18 ESC MS NC O RC <600 feet >600 feet from arterial from arterial Parking structure SUP SUP SUP SPR SPR SPR Personal service SPR SPR SPR SPR SPR AU AU Place of worship SPR SPR SPR SPR SPR Playground SPR SPR Produce stand SPR SPR SPR SPR SPR Public or semipublic SPR SPR SUP SPR SPR SPR SPR SPR building Recreation center SPR Retail SPR SPR SUP SPR SPR SPR AU AU School SPR SPR SPR SPR SPR SPR Self-storage facility SUP Shopping mall/plaza SPR SPR SUP SPR Single-family dwelling (3) SPR SPR Ski center SPR Storage facility, interior SUP Tavern SUP SUP SUP TV or radio station SPR SPR Veterinary clinic SPR SPR SUP SUP NOTES: (1) Large offices are prohibited in the Gurney Lane Office district. (2) No residential uses shall be allowed less than 600 feet of Bay Road. See § 179-3-040B(2). (3) All single-story uses and buildings setback beyond 40 feet require a special use permit. (4) Residential uses, including single-family dwellings, duplexes or two-family dwelling, multiple-family dwellings, and townhouse are not allowed within 250 feet of the centerline of Main Street. Beyond 250 feet they are allowed with site plan review. (5) Total multifamily residential development that exceeds 10 acres of residential use within the ESC zoning district shall require Special Use Permit approval by the Planning Board. See §179-3-040(B)(1)(b)\[13\]. 12 - 01 - 2016 179 Attachment 3:3