118.94
RESOLUTION APPROVING THE HUDSON POINTE PLANNED UNIT
DEVELOPMENT
RESOLUTION NO.: 118, 94
INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Nick Caimano
WHEREAS, on or about June 15, 1992, the Michaels Group, acting as the Project Sponsor
on behalf of the Niagara Mohawk Power Corporation (hereinafter the parties are referred to jointly
or commonly as "developer"), submitted a letter of intent together with an Environmental
Assessment Form with exhibits, and requested that certain parcels of land, bearing tax map
numbers: 148-1-2.1, and 151-1-7.1, consisting of a total of approximately 307 acres, and existing,
generally, southerly of Corinth Road and west of Sherman Island Road in the Town of Queensbury,
be designated a Planned Unit Development, to be known as the Hudson Pointe PUD (hereinafter
referred to as the "Planned Unit Development"), in accordance with, and by virtue of, the provisions
of Article 8 of the Zoning Laws of the Town of Queensbury, the same being a part of Chapter 179
of the Code of the Town of Queensbury, and
WHEREAS, the proposal presented requested that the Town Board of the Town of
Queensbury legislate and rezone the aforesaid area to allow the establishment of a Planned Unit
Development consisting of a maximum of 163 dwelling units consisting of 123 single family
dwellings and 40 townhouses, and
WHEREAS, on or about the 31st day of August, 1992, the Town Board of the Town of
Queensbury adopted a resolution indicating its desire to be lead agent for SEQRA purposes and
authorizing notification of all other involved agencies that the aforesaid letter of intent and
application for the Planned Unit Development had been made, and that a coordinated SEQRA
review was desired to be undertaken, and
WHEREAS, on or about the 24th day of September, 1992, the Planning Board for the Town
of Queensbury reviewed a Sketch Plan and related documents concerning the Planned Unit
Development as presented to the Board at said meeting, and adopted a resolution indicating it was
rendering a favorable report to the Town Board with certain stipulations and comments including a
recommendation that the Town Board proceed to a public hearing, and
WHEREAS, on or about November 18, 1992, the Warren County Planning Board reviewed
the Planned Unit Development and consented to the Town Board of the Town of Queensbury being
the lead agent for SEQRA review purposes, and also approved the Planned Unit Development as
presented at said meeting, and
WHEREAS, on or about December 21, 1992, the Town Board of the Town of Queensbury
acknowledged that as a result of previous notification of agencies ascertained to be involved in the
project, there was no objection to the Town Board of the Town of Queensbury being lead agent for
purposes of SEQRA review and assumed lead agency status and set a date for a public hearing on
the Planned Unit Development, and
WHEREAS, on or about January 18, 1993, the developer, by letter, amended the Planned
Unit Development Application by withdrawing therefrom a parcel previously included in the
Planned Unit Development Application documents and known as Parcel A, consisting of
approximately 94 acres, and
WHEREAS, in accordance with §179-57 D. of the Code of the Town of Queensbury, the
Town Board of the Town of Queensbury held a public hearing on the proposed Planned Unit
Development on January 25, 1993, and
WHEREAS, following the aforesaid public hearing and on February 2, 1993, the Town
Board of the Town of Queensbury convened and discussed the areas of environmental concern
raised by virtue of written communications, documents submitted by the developer, involved or
interested agencies and others, the public hearing, Town staff comments, and the Town Board
members themselves, and
WHEREAS, the Town Board of the Town of Queensbury, after due deliberation by
resolution no. 149, 1993, determined that a Positive Declaration should be issued under the New
York State Environmental Quality Review Act with respect to the proposed Hudson Pointe Planned
Unit Development, and
WHEREAS, on or about March 22, 1993, the Town Board of the Town of Queensbury
approved the content and attachments to a Positive Declaration and authorized the filing and
publication of the same as required by the SEQRA rules and regulations, and
WHEREAS, on or about the 1st day of June, 1993, the Town Board of the Town of
Queensbury, as lead agent for the Hudson Pointe Planned Unit Development SEQRA review, and
after considering all of the information received and after considering all comments received from
involved agencies, the applicant, the planning staff, Morse Engineering, P.C., and other interested
parties, including members of the public, adopted and approved a scoping document and requested
that the applicant use the same as a basis for the Draft Environmental Impact Statement (DEIS), and
WHEREAS, the Michaels Group, as applicant on behalf of the Hudson Pointe Planned Unit
Development, previously presented to the Town Board, a Draft Environmental Impact Statement
(DEIS) and the Town Board determined that the Draft Environmental Impact Statement (DEIS) was
satisfactory with respect to its scope, content, and adequacy for purposes of commencing public
review, established a public comment period and held a public hearing on the same on September
13, 1993, and
WHEREAS, the developer thereafter responded to comments received by developing a
refined plan and plan narrative, and presented a Final Environmental Impact Statement (FEIS), and
WHEREAS, on or about December 20, 1993, the Town Board of the Town of Queensbury,
acknowledging that the FEIS was complete and adequate and authorized and approved the use of a
Notice of Completion, and
WHEREAS, the public has had more than the ten (10) day period required by 6 NYCRR
Part 617.9(a) in which to consider the FEIS, and
WHEREAS, the Town Board of the Town of Queensbury has finalized the Development
Agreement assuring performance of the proposed mitigation measure in the FEIS and proposed
SEQRA Statements of Findings and, to the extent possible, to eliminate or avoid future obligations
or other harmful effects to the Town of Queensbury by reason of the property involved being
subdivided or developed without adequate supporting infrastructure, and
WHEREAS, the Town of Queensbury, as required under 6 NYCRR Part 612.9(c) has made
the SEQRA Statement of Findings concerning the proposed Hudson Pointe PUD, which based upon
facts and conclusions derived from the FEIS, found that:
"1. Consistent with social, economic and other essential considerations from among the
reasonable alternatives thereto, the proposed rezoning (Planned Unit Development and
Planned Development District) to be approved is one which minimizes or avoids adverse
environmental effects to the maximum extent practicable, including the effects disclosed in
the Environmental Impact Statement adopted in this case.
2. Consistent with social, economic and other essential considerations, to the maximum
extent practicable, adverse environmental effects revealed in the environmental impact
statement process shall be minimized or avoided by incorporating as conditions to the
decision those mitigative measures which were identified as practicable;"
NOW, THEREFORE, BE IT
RESOLVED, that the proposed Hudson Pointe Planned Unit Development meets the
purposes and objectives and all of the provisions and requirements of Article 15 of the Town of
Queensbury Zoning Ordinance, and
BE IT FURTHER
RESOLVED, that the Town Board of the Town of Queensbury, pursuant to Article 15 of
the Town of Queensbury Zoning Ordinance and legislative authority, and subject to the specific
conditions and requirements set forth herein below, hereby approves, enacts, adopts, and creates
the Hudson Pointe Planned Unit Development District on approximately 211 acres of land in the
Town of Queensbury, the boundaries of which are set forth on a map and plan prepared by The
Saratoga Associates entitled, "Hudson Pointe Planned Unit Development, TSA Project No.
91035.20L" dated 11/30/93, revised on December 10, 1993, and last revised 2/8/94, (hereinafter
referred to as "TSA Map") the same being present at this meeting, directed to be filed in the
Town Clerk's Office, and being incorporated herein for all purposes. The Planned Unit
Development is generally described as follows: The project site is located along Sherman Island
Road and the Hudson River in the southwestern portion of the Town of Queensbury, Warren
County, New York, approximately 4 miles southwest of downtown Glens Falls. The project
involves rezoning of approximately 211 acres from Suburban Residential 1 Acre (SR-1A) and
Waterfront Residential 3-Acre (WR-3A) to Planned Unit Development in order to allow a
residential/commercial planned development consisting of ninety-six (96) lots for single family
detached housing units; and two commercial parcels totaling four (4) acres. Substantially all
development, except for a single 3-acre residential lot, will occur within the SR-1A Zone. The
remaining land, totaling approximately 126 acres, shall be left as open space. The Planned Unit
Development District shall be specifically conditioned, limited and/or restricted as follows:
1. Density and build-out shall be limited to 96 single family detached dwelling units.
2. Developed area shall be limited to approximately 80 acres; this includes space
needed for building lots, commercial areas, roads and road right-of-ways.
3. A sixty foot wide right-of-way (ROW) from Corinth Road through a designated
commercial area connecting to the southern most cul-de-sac of the proposed interior access road
shall be reserved as part of any plans submitted to the Planning Board for approval. The length
of ROW is estimated to be approximately 2,700 ft.
4 A. An area of land comprised of the river shoreline; the wetlands; the point; the
bluffs; and a buffer from the top of the bluff inland shall be in an area known as a
Conservation Area. The Conservation Area is that area depicted on the TSA
Map. The area will be restricted to passive recreation and/or archaeological
research only. No building permits shall be issued and no lots shall be sold in
connection with the Hudson Pointe Planned Unit Development until the
conservation area is deeded to a third party which third party and deed shall be
subject to Town Board approval. Passive recreation shall be defined in a Deed to
be executed by the Developer and accepted by a third party, which deed shall be
subject to approval of the Town Board. Clearing and development of the area
will be limited to accomplishing the purposes of passive recreation and/or
archaeological research, and no clearing or development shall occur without
Town Board approval. The common boundary of development and the
Conservation Area will be surveyed and corners set and lines blazed at
Developer's cost.
4 B. Five (5) archaeological sites as identified on the TSA Map shall be included
within the conservation area referenced above. Prior to final site plan approval by
the Planning board the boundaries of the archaeological sites shall be surveyed
and noted in the deed conveying the conservation area. This survey shall be
completed at the Developer's expense.
5. The implementation of the project may be divided into phases. The Planning
Board and applicant shall during site plan review determine the number of lots to be developed
with each phase.
6. The Planned Unit Development shall be constructed in accordance with measures
as described in section A 183-26 of the Town Code and the "N.Y.S. Guidelines for Urban
Erosion and Sediment Control" throughout all phases of road, residential and/or commercial
construction.
7. The Planned Unit Development shall be designed and constructed in accordance
with Stormwater Management Regulations in Section A183-27 of the Town of Queensbury
Subdivision Regulations. Prior to any construction on the site, a Stormwater Management Plan
shall be submitted to the Town Planning Board for approval.
8. Roads in and servicing the Planned Unit Development shall conform to the
following requirements:
A. Access to the development shall be by means of "boulevard style"entrance
providing ingress and egress via a road divided by a landscaped median. The
total width of the right of way (ROW) for the boulevard shall be seventy-five (75)
feet wide. Actual width of the median, paved driving lanes are subject to
approval by the planning board and the Town highway superintendent.
Landscaping and maintenance of the center median shall be assigned to a
homeowner's association of the development. The center line length of the
boulevard shall be approximately one-thousand to two-thousand (1,000 - 2,000)
feet. The objective to be met shall be to intersect with the interior loop road.
B. The interior of the development shall be accessed by means of a "loop" road with
six (6) or less cul de sacs. The ROW for the loop road and cul de sacs shall be
fifty (50) feet in width. The center island of the cul de sacs shall be landscaped
and maintenance shall be assigned to a homeowner's association of the
development. The length of the internal roads shall be approximately eight-
thousand eight-hundred (8,800) feet or less. The final design of the road system
(access boulevard and interior loop road) within the parameters established
herein, shall be subject to modification by the applicant and site plan review by
the Planning Board and approved by the Town Highway Superintendent.
Consideration shall be given to further reduction in the length of road and the
number of cul-de-sacs if possible.
C. Design of the access boulevard and loop roads shall conform to the following
design criteria:
1. Minimum road centerline radius shall be 300 feet for the boulevard and
250 feet for the interior loop road.
2. Road intersections shall be at angles from 70 degrees to 90 degrees. When
practical, intersection tangents of at least 100 feet shall be maintained
from the pavement edge of intersecting streets.
3. Cross sections of road construction shall comply with the standards as
required by the Town Superintendent of Highways this includes paved
swales for drainage.
D. The southern portion of Sherman Island Road (approximately 1,800 feet) shall be
abandoned and traffic associated with the Niagara Mohawk substation along the
river shall be diverted to a Niagara Mohawk access further to the south along
Corinth Road. Sherman Island Road shall come to a dead end with a paved
turnaround area to be constructed by the applicant at the end point of the road.
Access to an abandoned portion of Sherman Island Road shall be effectively
blocked by berming, planting, etc.
E. MacDonald Drive and Kimberly Lane access on to Sherman Island Road shall be
left open and MacDonald Drive shall intersect with the access boulevard in a
manner similar to the design as depicted on the TSA Map dated 11/30/93, revised
December 10, 1993, and last revised 2/8/94.
9. A seventy-five (75) foot dimensional buffer between each boundary of power line
corridor owned by Niagara-Mohawk and the boundaries of the proposed housing lots shall be
provided as part of the plans submitted for development of the site.
10. Of the 211 acres of the overall project, approximately 126 acres shall be preserved
as open space.
11. The area commonly referred to as the Potter foundations shall be located in
common space of the Homeowner's Association.
12. There shall be no docks, boat ramps, or boat access points placed, constructed, or
used at any point within the Conservation Areas.
13. The Developer shall, through final approval of the final phase, keep the Town
Board of the Town of Queensbury apprised of all submittals to the Planning Board by sending
copies to the Executive Director of Community Development of the Town of Queensbury, who
shall forward the written notice of receipt of the same to the Town Board. If at any time the
substance of the submittals are not in compliance with the intent and express conditions that the
Town Board of the Town of Queensbury has set forth in this resolution, the Town Board reserves
to itself, the right to reconsider the Planned Unit Development legislation, on notice to the
developer, and amend or further condition this legislation.
14. The developer shall secure a final Site Plan approval in accordance with the
procedures set forth in §179-58 of the Code of the Town of Queensbury.
15. The lots within the proposed PUD shall be held to the following minimum
standards:
Hudson Pointe PUD Minimum Standards
A. Lot number/size:
1. Residential lots:
- Maximum Build-Out 96 lots;
- One (1) three acre lot;
- No more than sixteen (16) one acre lots (43,560
square feet minimum size);
- No more than thirty-two (32) one-half acre lots -
(21,780 square feet minimum size);
- No more than sixty (60) one-third acre lots - (14,505
sq. ft. minimum size).
2. Commercial areas:
a) Commercial Area No. 1: Shall be defined as lots created in designated
commercial area along Corinth Road shall be subject to subdivision
approval by the Planning Board. Minimum lot size in the designated
commercial area shall be one-half acre in size.
b) Commercial Area No. 2: Shall be defined as the commercial lot located
within the project area shall not be further subdivided.
B. Minimum frontage on public road: Forty (40) feet. The commercial lots to be created
along Corinth Road may front on a road over the sixty (60) foot ROW. The road servicing these
lots shall be constructed to the Town standard by the developer of the new commercial lots.
C. Minimum Yard Setbacks; Residential and Commercial:
1. Three acre lot:
Front - 50 feet
Side - 30 feet
Rear - 30 feet
2. One acre lots:
Front - 30 feet
Side - The sum of the side yards shall equal 30 feet or more with a 10 foot
minimum.
Rear - 20 feet
3. One-half acre lots:
Front - 30 feet
Side - 10 feet
Rear - 20 feet
4. One-third acre lots:
Front - 30 feet
Side - 10 feet
Rear - 10 feet
D. Minimum permeable area of lot (%); Residential and Commercial:
1. Three acre lot - 65%
2. One acre lots - 50%
3. One-half acre lots - 30%
4. One-third acre lots - 30%
E. Maximum building height; Residential and Commercial lots - 40 ft.
F. Permitted principal uses:
1. Residential lots: single family dwelling
2. Commercial Areas:
a) Commercial Area No. 1 - Recreational facilities, community center/day
care center with seventy-five child maximum capacity; convenience store
with gasoline pumps and no automobile sales or repair; grocery store;
bank; hardware store; professional office including beauty shop. All of
the above uses in designated commercial areas are allowed upon site plan
review and approval by the Planning Board.
b) Commercial Area No. 2 - Recreational facilities, common facilities, day
care center with 75 child maximum capacity, professional offices, and
beauty shop. All of the above uses in the designated commercial area are
allowed upon site plan review and approval by the Planning Board.
G. Permitted accessory uses:
1. Residential lots; private garage; storage shed, less than 200 sq. ft.; attached
private greenhouse, less than 300 sq. ft.; swimming pool; home occupation;
private boat storage.
2. Commercial lots; customary accessory uses and accessory use structures
incidental to a permitted principal use.
H. Density:
1. Residential lots; one principal building per lot.
2. Commercial areas; Commercial Area No. 1 - One principal building up to 7,500
sq. ft. in size per lot. Commercial Area No. 2 - One principal building up to
15,000 square feet in size per lot.
I. Green Space:
The developer(s) of all commercial lots within the PUD (commercial area along Corinth
Road and the internal commercial area) shall provide an area equivalent to ten percent (10%) of
the overall gross lot area of 2,178 square feet, whichever is greater, to planted green space. To
the extent that the green space is not contained in any required buffer areas, the green space shall
be located in the front yard of the lot. Landscaping of this area shall be subject to review by the
Town Beautification Committee and Planning Board Site Plan Review and approval;
and
BE IT FURTHER,
RESOLVED, that this resolution and the rezoning of subject property shall be subject to
the following:
1. Prior to any construction or development of the PUD, modification of the existing
Southern Exposure subdivision shall be undertaken and approval by the Planning
Board obtained. The modification shall reflect in principal the lot and road
configuration as depicted on the TSA Map.
2. The filing and/or recording in the Warren County Clerk's Office, of a Declaration
of Covenants and restrictions setting forth conditions numbered 1 - 15 hereof and
executed by an authorized official of the Developer and the Town of Queensbury,
and
BE IT FURTHER,
RESOLVED, that the Zoning Map of the Town of Queensbury is hereby amended to
provide for the creation and redistricting of the lands contained and set forth as a part of the
Hudson Pointe Planned Unit Development, and
BE IT FURTHER,
RESOLVED, that the Town Clerk shall, within five days, cause a summary of this
legislation to be published in the Glens Falls Post-Star, obtain an affidavit of such publication,
and post the same upon the Town Clerk's Bulletin Board, and
BE IT FURTHER,
RESOLVED, that this Amendment to the Zoning Ordinance and Laws of the Town of
Queensbury shall take effect ten days after publication of a summary of this legislation in the
Post-Star as indicated above, or at such later date as is required by the terms and provisions of
this authorizing resolution and legislation, and
BE IT FURTHER,
RESOLVED, that this resolution shall not take effect until the final execution of a
Development Agreement by the Niagara Mohawk Power Corporation and the Town of
Queensbury.
Duly adopted this 7th day of March, 1994, by the following vote:
AYES : Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne
NOES : None
ABSENT: None