325.2001
RESOLUTION AMENDING ZONING ORDINANCE TO CHANGE
CLASSIFICATION OF PROPERTY OWNED BY PYRAMID COMPANY
OF GLENS FALLS LOCATED ON AVIATION ROAD FROM HIGHWAY
COMMERCIAL – ONE ACRE (HC-1A) TO ENCLOSED SHOPPING
CENTER – TWENTY-FIVE ACRES (ESC – 25A)
RESOLUTION NO. : 325, 2001
INTRODUCED BY : Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY : Mr. Theodore Turner
WHEREAS, in April of 1998, the Pyramid Company of Glens Falls (Pyramid) submitted
a Petition for Change of Zone application to Amend the Town of Queensbury Zoning Map and
Ordinance, a Full Environmental Assessment Form in accordance with Article 8 of the
Environmental Conservation Law and its implementation regulations (6 NYCRR Part 617)
known collectively as the New York State Environmental Quality Review Act (“SEQRA”) and
an application for site plan approval including site plans (collectively, the “Petition”) to the
Queensbury Town Board, and
WHEREAS, the Petition requests that the Town Board authorize the rezoning of lands
located between Aviation Mall and the Northway Exit 19 interchange (“Northwest Lands”) from
Highway Commercial – One Acre (HC-1A) to Enclosed Shopping Center - 25 Acres (“ESC-
25A”), and
WHEREAS, the Petition further requests that the Town Board authorize the amendment
of certain regulations pertaining to uses in the ESC-25A zone, and
WHEREAS, the Petition was originally submitted in connection with a proposed
expansion to Aviation Mall of ±850,000 square feet of gross leaseable area (“SF GLA”)
including multi-level parking facilities and other site improvements (“Original Project”), and
WHEREAS, on June 8, 1998, the Town Board conducted a public hearing on the
Petition, and
WHEREAS, on June 10, 1998, the Warren County Planning Board adopted a Resolution
recommending approval of the Petition, and
WHEREAS, on June 23, 1998, the Town of Queensbury Planning Board adopted a
Resolution recommending approval of the Petition, and
WHEREAS, on May 7, 2001, the Applicant presented a modified proposal to reduce the
size of the proposed expansion and authorize construction of a department store, associated
parking and other site improvements (“Modified Project”), and
WHEREAS, the Zoning Amendment requests of thePetition remain applicable to the
Modified Project, and
WHEREAS, on May 21, 2001, a second public hearing was duly conducted by the Town
Board on the Petition, which public hearing, although not legally required, was conducted to
provide the public an opportunity to provide input on the Petition in light of the Modified Project
and Possible Future Development (as described in the Addendum to the Draft Environmental
Impact Statementwhich was prepared for the Project), and
WHEREAS, the Town Board wishes to modify certain of the proposed amendments in
the Petitionas set forth in the attached Exhibit A, and
WHEREAS, the public notices for the two public hearings fairly apprised the public of
the fundamental character of the proposed amendments in the Petition, and
WHEREAS, taking into account the modifications, the fundamental character of each
proposed amendment in the Petition remains substantially the same, and the Town-initiated
modifications to the Petition are more restrictive than those in the Petition, and
WHEREAS, on August 6, 2001, the Town Board, as lead agency, adopted a Findings
Statement pursuant to the requirements of SEQRA.
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby amends the Official Town Zoning
Ordinance and Zoning Map to rezone the zoning district classification of the Northwest Lands
(including tax map parcels 98-1-1, 98-1-2.1, 98-1-3, 98-1-4, 98-1-5.1) from Highway
Commercial-1 Acre (HC-1A) to Enclosed Shopping Center – Twenty-Five Acres (ESC-25A),
and
BE IT FURTHER
RESOLVED, that, as modified, the Petition is granted and the Town Board hereby
amends the Zoning Ordinance accordingly as set forth in the attached Exhibit A, and
BE IT FURTHER
RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town
Clerk to arrange to update the official Town Zoning Map and the Zoning Ordinance to reflect
these zoning amendments, and
BE IT FURTHER
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to send
a copy of this Resolution, if and to the extent required, to other involved or interested agencies,
and
BE IT FURTHER,
RESOLVED, in accordance with the requirements of the Zoning Ordinance and Town
Law, the Town Board hereby authorizes and directs the Town Clerk to publish a certified copy
of the zoning changes in the Glens Falls Post Star within five (5) days and obtain an Affidavit of
Publication, and
BE IT FURTHER
RESOLVED, that these amendments shall take effect upon filing in the Town Clerk’s
Office.
th
DULY adopted this 6 day of August, 2001, by following vote:
AYES : Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower
NOES : None
ABSENT : Mr. Martin
ABSTAIN : None
EXHIBIT A
§179-27.1 Enclosed Shopping Center Zones, ESC-25A [added 12/17/90]
A. Maximum density. At least twenty-five (25) acres will be required to establish any
allowable use in an ESC Zone, up to sixteen thousand (16,000) square feet of gross floor
area per acre for single-story buildings and twenty thousand (20,000) per acre for
multistory buildings. An additional five hundred (500) square feet of land area will be
required for each two hundred twenty five (225) square feet of gross floor area for single
story buildings and three hundred (300) square feet or proportion thereof for multistory
buildings.
B. Purpose. Enclosed shopping center (ESC) are those areas where development exists or is
anticipated. Access points are defined in an effort to create coherent and safe traffic
patterns, efficient loading and unloading, aesthetically pleasing shopping environments
and safe pedestrian circulation.
C. Lot, yard and height regulations shall be as follows: .
Lot, Yard and Height Requirements for
ESC-25A Zone
Enclosed Shopping Center
Minimum Lot Minimum Yard Minimum Maximum
SizeSetbacks (Feet) Percent ofLot to Height of
Area in acres-25 Front-40 be Permeable Building (feet)*-
Width in feet-800 Side-30 14.550
Rear-30
• NOTE: A fifty foot buffer zone shall be required adjoining residential and industrial
zones.
*- In the ESC-25A Zone, those building faces which directly face an existing public right-
of-way must meet the 50-foot height requirement. All other building faces shall not
exceed 80 feet.
D. The following uses are permitted in Enclosed Shopping Center Zones:
(1) Permitted Uses:
(a) Enclosed shopping center.
(b) Freestanding out-parcel commercial uses.
(2) Accessory Uses:
(a) Loading facility.
(b) Parking facility, either on grade, multi-story or below grade.
(c) Ancillary freestanding signs as per Chapter 140, Signs.
(3) Site plan review uses: All uses in ESC Zones will be subject to site plan review.
§179-66(C): The last sentence of Enclosed Shopping Center Parking Requirements shall be
revised to read as follows:
"The required number of off-street parking spaces shall be calculated as follows:
for enclosed shopping centers greater than four hundred thousand (400,000)
square feet of GLA, all off street parking servicing the center will be based on
four and one-half (4.5) spaces per one thousand (1,000) square feet of GLA
however, the Planning Board may reduce the parking requirement to no less than
four (4) spaces per one thousand (1,000) square feet of GLA upon request by the
landowner."
§ 179-28. Travel Corridor Overlay Zone.
A.Purpose. The Town of Queensbury realizes that as the Town and the
region continue to grow, the need for improved local arterial roads will
become important to the movement of traffic within the Town of
Queensbury. In order to maintain the rural character along these roadways
and/or to allow widening of these roadways in the future, increased
setbacks for new construction has been established along the major
regional arterials in the Town.
B.[Amended 3-5-1990; 7-29-1991 by L.L. No. 14-1991] Designated
arterials. The following roads shall comply with the requirements of the
Travel Corridor Overlay Zone:
(1)Route 9 from the Glens Falls City line north to the Lake George
Town line.
(2)Ridge Road from the Glens Falls City line north to Route 149.
(3)Corinth Road from the Luzerne Town line east to Route I-87.
(4)Main Street from Route I-87 east to the Glens Falls City line.
(5)Relocated Aviation Road from Route I-87 east to Route 9. (Note 1)
(6)Quaker Road from Route 9 east to Dix Avenue.
(7)Route 149 from Route 9 east to the Fort Ann Town line.
(8)Bay Road from the Glens Falls City line north to Route 149 (Note
2) .
C. Regulations. All buildings hereafter erected or altered within this Travel
Corridor Overlay District shall be set back 75 feet from the edge of the road right-of-way.
Notes:
(1)The setback for the south side of the relocated Aviation Road shall be 40 feet from the edge of
the ROW.
(2)Along Bay Road only, this seventy-five-foot setback shall be maintained as open space, as
defined.