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308.96 RESOLUTION TO SET PUBLIC HEARING ON PROPOSED AMENDMENT TO ZONING ORDINANCE - REGARDING MODIFICATION OF EXISTING PLANNED UNIT DEVELOPMENT - ALAN OPPENHEIM, ACO PROPERTY ADVISORS, INC./HUDSON POINTE, INC. RESOLUTION NO. 308.96 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury is considering an amendment, supplement, change, and/or modification to the Town of Queensbury Zoning Ordinance and map, and more specifically, considering an amendment to the existing Hudson Pointe Planned Unit Development whereby a parcel of land owned by Hudson Pointe, Inc. known as Tax Map No. 148-1-2.1 located in the vicinity of 777 Corinth Road in the Town of Queensbury would be changed from the current zoning of SR-1A (Suburban Residential - 1 Acre) to allow the extension of the Hudson Pointe Planned Unit Development (PUD) zoning district in such a manner that the above- referenced parcel would be included in the PUD, with the following restrictions and/or conditions: Lot Number/Size: The lot is limited to its existing size. Subdivision of the lot is prohibited. 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 foot (60') ROW. The road servicing these lots shall be constructed to the Town standard by the developer of the new commercial lots. Access to the lot shall be through the road within the sixty-foot (60') right-of-way only. Minimum Yard Setbacks: One Acre Lot: Front - Thirty feet (30') Side - The sum of the side yards shall equal thirty feet (30') or more with a ten foot (10') minimum. Rear - twenty feet (20') Minimum Permeable Area of Lot (%): Fifty percent (50%) Maximum Building Height: Forty feet (40') Permitted Principal Uses: 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. Permitted Accessory Uses: Customary accessory uses and accessory use structures incidental to a permitted principal use. Density: One principal building up to 7,500 square foot in size per lot. Green Space: The developer(s) shall provide an area equivalent to percent (10%) of the overall gross lot area or 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 each 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. Buffer Area: 2 A buffer area consistent with the requirements outlined in §179-72 shall be provided. The buffer area shall also include plantings and berming to sufficiently screen and obstruct the visual impacts associated with the permitted uses of the parcel. Planting and berming of the buffer area shall occur in two phases. The first phase will establish plantings as illustrated on the map dated _____________. These plantings are to be installed by ______, 1996. Phase Two of the planting and berming program shall occur with the site plan review process by the Town Planning Board. Declaration of Covenants and Restrictions: The execution by Developer of a Covenant of Declarations and Restrictions which restrict and limit the use of the property as indicated above and which may only be changed or modified by Town Board approval, thus modifying the existing Zoning Ordinance and Map; and WHEREAS, on or about May 20, 1996, the Town Board of the Town of Queensbury adopted a resolution authorizing the submission of a request for rezoning of certain property owned by Hudson Pointe, Inc., in the vicinity of 777 Corinth Road, in the Town of Queensbury to Planned Unit Development, to the Planning Boards of the Town of Queensbury and Warren County for recommendation, and WHEREAS, on or about the 18th day of June, 1996, the Planning Board for the Town of Queensbury adopted a resolution to recommend to the Town Board the rezoning of the subject property, and WHEREAS, the Warren County Planning Board recommended approval, concurring with local conditions, of the requested rezoning, and WHEREAS, in order to so amend, supplement, change, or modify 3 the Ordinance and map, it is necessary pursuant to Town Law §265 and the Town of Queensbury Zoning Laws to hold a public hearing prior to adopting said proposed amendment, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby acknowledges that the applicant for the proposed rezoning has submitted a Part I Short Environmental Assessment Form and a number of exhibits, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury shall hold a public hearing, at which time all parties in interest and citizens shall have an opportunity to be heard, upon and in reference to a proposed amendment, supplement, change, and/or modification to the Town of Queensbury Zoning Ordinance and Map described in the preambles of this resolution, and BE IT FURTHER, RESOLVED, that said public hearing shall be held on August 5th, 1996, at 7:00 p.m., at the Queensbury Activities Center, 742 Bay Road, Queensbury, Warren County, New York, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury is hereby authorized and directed to give 10 days notice of said public hearing by publishing the notice presented at this meeting for purposes of publication in an official newspaper of the Town and by posting on the Town bulletin board outside the Clerk's Office said notice, and 4 BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Executive Director of Planning, Zoning, and Building & Codes to ascertain a list of the names and addresses of all property owners within 500' of the area to be rezoned, and further authorizes and directs the said Executive Director to arrange for notification of the proposed rezoning to all said property owners that a public hearing will be held, mailing to said owners a copy of the Notice of Public Hearing presented at this meeting, and BE IT FURTHER, RESOLVED, that the Executive Director is also hereby authorized and directed to send notice of the public hearing to Warren County, by service upon the Clerk of the Board of Supervisors, and such other communities or agencies that it is necessary to give written notice to pursuant to §265 of the Town Law of the State of New York, the Zoning Regulations of the Town of Queensbury and the Laws of the State of New York, and BE IT FURTHER, RESOLVED, that the Executive Director is hereby authorized and directed to give notice of said public hearing, the proposed rezoning and notify the involved agencies that the Town Board desires to be lead agent and that a SEQRA determination will not be made until after the public hearing, and BE IT FURTHER, RESOLVED, that the Executive Director is also hereby 5 authorized and directed to give notice and refer this matter to the Adirondack Park Agency and Warren County Planning, if necessary or not already done, in accordance with the laws, rules and regulations of the State of New York and the Adirondack Park Agency. Duly adopted this 15th day of July, 1996, by the following vote: AYES : Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES : None ABSENT: None 6