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086.2000 RESOLUTION AMENDING ZONING ORDINANCE TO CHANGE CLASSIFICATION OF PROPERTY OWNED BY NIGRO COMPANIES FROM LI-1A (LIGHT INDUSTRIAL - ONE ACRE) TO HC-1A (HIGHWAY COMMERCIAL – ONE ACRE) RESOLUTION NO.: 86, 2000 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, the Town Board of the Town of Queensbury is considering Nigro Companies’ request to amend the Town of Queensbury Zoning Ordinance and Map whereby properties bearing Tax Map No.’s: 107-1-38, 39, 40, 41, 42, 43, 44, 45 and 47 and located on the north side of Homer Avenue, Queensbury would be rezoned from LI-1A (Light Industrial - One Acre) to HC-1A (Highway Commercial - One Acre), and th WHEREAS, on or about October 4, 1999, the Town Board adopted a Resolution authorizing submission of the rezoning application to the Town’s Planning Board for report and recommendation, and st WHEREAS, on or about December 21, 1999, the Queensbury Planning Board was unable to adopt any recommendation on the Petition, and th WHEREAS, on or about October 27, 1999, the Warren County Planning Board recommended approval of the Petition for Change of Zone, and WHEREAS, the Town Board duly conducted a public hearing concerning the proposed thth rezoning on February 14 and February 28, 2000, and WHEREAS, the Town Board of the Town of Queensbury has considered the conditions and circumstances of the area affected by the rezoning, and th WHEREAS, the Town Board of the Town of Queensbury determined that on February 28, 2000 that the proposed rezoning would not have any significant environmental impact and a SEQRA Negative Declaration was made, NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby amends the Town of Queensbury Zoning Ordinance and Map to rezone property bearing Tax Map No.’s: 107-1-38, 39, 40, 41, 42, 43, 44, 45 and 47 and located on the north side of Homer Avenue, Queensbury from the current zoning of LI-1A (Light Industrial - One Acre) to HC-1A (Highway Commercial - One Acre) contingent upon the following conditions; 1. The applicant will make the change they discussed at the Public Hearing to delete two rows of parking, 2. That the Planning Board has full discretion to review the entire plan and is not to be limited by the Town Board’s action in it’s SEQRA Review, 3. That the Planning Board will consider plantings around the building to diffuse the height of the building and to consider breaking up the roof line, 4. That the Planning Board will consider the hours of delivery and lighting and noise and delivery times and aesthetics of the project, 5. That the Beautification Committee will review the landscaping, 6. That the Planning Board will consider a planting plan that would require one tree for every eight to twelve parking spaces, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to arrange with a surveyor to update the official Town Zoning Map to reflect this change of zone, and BE IT FURTHER, 2 RESOLVED, that the Town Board hereby authorizes and directs the Executive Director of Community Development to send a copy of this Resolution to the Warren County Planning Board, Town of Queensbury Zoning Board of Appeals, Town of Queensbury Planning Board and any agency involved for SEQRA purposes, and BE IT FURTHER, RESOLVED, in accordance with the requirements of Article XIII of the Town of Queensbury Zoning Ordinance and §265 of the 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 this amendment shall take effect upon filing in the Town Clerk’s Office. th Duly adopted this 28 day of February, 2000, by the following vote: AYES : Mr. Brewer, Mr. Martin, Mr. Stec, Mr. Turner NOES : None ABSENT: Mr. Brower 3