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367.2001 RESOLUTION AUTHORIZING AMENDMENT OF TOWN ZONING ORDINANCE TO AUTHORIZE FESTIVAL PARKING ALTERNATE DESIGN FOR CERTAIN QUALIFYING USES AS PROPOSED BY THE GREAT ESCAPE THEME PARK RESOLUTION NO.: 367, 2001 INTRODUCED BY : Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY : Mr. Daniel Stec WHEREAS, the existing Queensbury Zoning Ordinance, Chapter 179, Article IX, §179-66, requires construction and maintenance of off-street parking associated with certain commercial or institutional buildings or uses, and WHEREAS, in instances where off-street parking is required under the Zoning Ordinance, the Ordinance prescribes that parking lots must contain internal landscaped “divider strips” and “traffic islands” to physically separate aisles of parked cars with passive curbing structures “for the purpose of ensuring safety of vehicles moving within the parking area and to control speed,” and th WHEREAS, on June 25, 2001, in connection with a proposed major expansion of the Great Escape Theme Park LLC (Great Escape) in the Town, the Town Planning Board as SEQRA Lead th Agency accepted a Final Generic Environmental Impact State (FGEIS) and on July 11, 2001 issued a SEQRA Findings Statement and decision approving such expansion subject to the mitigation measures, project conditions and impact thresholds for future development set forth therein, and WHEREAS, the FGEIS for the Great Escape proposed the creation of 2,600 new off-street parking spaces within the Park property to mitigate the existing and future impacts of traffic congestion on Route 9 and the I-87 Exit 20 interchange in the vicinity of the Park, and WHEREAS, the FGEIS and Findings Statement evaluated several alternative parking lot designs and determined that a so-called “festival parking” design which eliminates the internal divider strips and traffic islands within the proposed Great Escape parking lots and which substitutes active management with parking lot attendants for traffic control purposes would minimize environmental impacts from the Project, and WHEREAS, the Planning Board’s decision and findings regarding allowing an alternate parking lot design were supported by the FGEIS analysis which determined that elimination of curbed islands and use of lot attendants to direct parking from an entering queue would minimize traffic impacts by allowing cars to be more quickly parked, thus reducing traffic delays, and WHEREAS, the FGEIS also determined that the festival parking layout would minimize environmental impacts from the Project by allowing fewer acres of land to be disturbed for parking lot construction with the proposed alternate lot design compared to the conventional retail parking lot design requiring passive curbed islands and similar traffic control structures, and WHEREAS, because the proposal for an alternate parking lot design and its attendant potential environmental impacts and benefits was considered in detail in the generic environmental review for the Great Escape expansion project, no further SEQRA compliance is required in connection with this proposed action requesting that the Town Board amend the Town Zoning Ordinance to allow for the proposed alternate festival parking lot design, and th WHEREAS, on or about September 10, 2001, the Town Board adopted a Resolution authorizing submission of the proposed amendments to the Town’s Planning Board for report and st recommendation and setting a public hearing on the proposed amendments for October 1, 2001, and th WHEREAS, on or about September 18, 2001, the Queensbury Planning Board considered the proposed amendments and made a positive recommendation to the Town Board to approve the amendments, and th WHEREAS, on or about September 12, 2001, the Warren County Planning Board 2 considered the proposed amendments and determined that there was no County impact, and WHEREAS, the Town Board duly conducted its public hearing concerning the proposed st amendments on October 1, 2001, and WHEREAS, the Town Board has considered the conditions and circumstances of the proposed amendments, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby amends the Official Town Zoning Ordinance concerning the proposed amendments to the off-street parking requirements of the Town Zoning Ordinance proposed by The Great Escape Theme Park described in this Resolution and more specifically as follows: 1. §179-66(B)(3) regarding “Off-Street Parking and Loading” shall be amended by adding the following underlined words: Except for an enclosed shopping center and those parking lots or parking areas for which the Planning Board authorizes a Festival Parking Alternate Design as provided by §179-66(B)(3)(d) of this Ordinance, any parking lot or parking area that will contain more than one hundred fifty (150) cars shall be effectively divided by planted divider strips planted with trees fixed in place so as to effectively divide each parking area of one hundred fifty (150) cars from another driveway and parking area for the purpose of ensuring safety of vehicles moving within the entire parking area and to control speed.” 2. A new subsection §179-66(B)(3)(d) shall also be added to the provision regarding “Off-street Parking and Loading” as follows: 3 d.Festival Parking Alternate Design - The previous provisions of this section to the contrary notwithstanding, the Planning Board may waive those provisions of this subsection requiring planted divider strips and planted traffic islands within parking lots or parking areas for uses such as amusement centers, ski centers and similar places of mass gathering where parking in the lots will be managed and filled by parking lot attendants who will direct entering vehicles from an access driveway to a particular parking space; provided, however, that for uses entitled to this waiver, the minimum tree planting requirements which would otherwise be mandated by §179-66(B)(3)(c)[2] and [3] for plantings within the divider strips or traffic islands shall be added to the applicable minimum planting requirements for the planted buffer area surrounding the parking lot, as is otherwise required by §179-66(B)(3)(c)[1] of this section. 3. A new definition of “FESTIVAL PARKING ALTERNATE DESIGN” shall be added to the “Definitions and Word Usage” provision of the Town Zoning Ordinance, §179- 7(B) in the alphabetical listing of definitions, immediately following the definition “FENCE” as follows: FESTIVAL PARKING ALTERNATE DESIGN – An alternate design for off-street parking lots required under this Ordinance that does not require planted divider strips or planted traffic islands or similar structures to passively control vehicles moving across the parking lot, which alternate design is allowable for certain uses where the parking of vehicles will be actively managed by parking lot attendants. and BE IT FURTHER 4 RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to arrange to update the official Town 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 Town of Queensbury Zoning Ordinance Article XIII and Town Law §265, 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. st Duly adopted this 1 day of October, 2001, by the following vote: AYES : Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES : None ABSENT: Mr. Martin 5