319.96
RESOLUTION AMENDING ZONING ORDINANCE TO CHANGE
THE DESIGNATION OF CERTAIN PROPERTY OWNED BY
HUDSON POINTE, INC. (TAX MAP NO. 148-1-2.1)
FROM SR-1A (SUBURBAN RESIDENTIAL - 1 ACRE)
TO ALLOW THE EXTENSION OF THE HUDSON POINTE PUD
RESOLUTION NO. 319, 96
INTRODUCED BY: Mrs. Betty Monahan
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Carol Pulver
WHEREAS, Alan Oppenheim, ACO Property Advisors, Inc./Hudson
Pointe, Inc., petitioned the Town Board of the Town of Queensbury
for a zoning change of property owned by Hudson Pointe, Inc., (Town
of Queensbury Tax Map No. 148-1-2.1) located in the vicinity of 777
Corinth Road in the Town of Queensbury from SR-1A (Suburban
Residential - 1 Acre) to a rezoning that is the same as recently
established for adjoining parcel(s) as part of the Hudson Pointe
Planned Unit Development and which is a limited neighborhood
commercial zone - 10,000 Square Feet, subject to a number of
conditions, and
WHEREAS, on August 15, 1995, the Town of Queensbury Planning
Board 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, a public hearing was held on this matter on October
16, 1995 and again on August 5, 1996, and
WHEREAS, the Town Board of the Town of Queensbury has made a
determination that the rezoning will have no significant
environmental impact, and
WHEREAS, the Town Board of the Town of Queensbury has
considered the conditions and circumstances of the areas to be
rezoned,
NOW, THEREFORE, BE IT
RESOLVED, that the Town of Queensbury Zoning Ordinance is
hereby amended to re-zone the property owned by Hudson Pointe,
Inc., (Town of Queensbury Tax Map No. 148-1-2.1) from SR-1A
(Suburban Residential - 1 Acre) to allow the extension of the
Hudson Pointe Planned Unit Development (PUD) zoning district
thereby authorizing all uses permitted under §179.25 of the Town of
Queensbury Zoning Ordinance in such area, 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:
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 February 7, 1996 (revised). These plantings are
May 30th, 1997
to be installed by . 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
BE IT FURTHER,
RESOLVED, that the zoning map for the Town of Queensbury is
hereby amended to provide for the rezoning of said lands, and the
Town Clerk is authorized to arrange with the Town Surveyor to
update the official Town Zoning Map to reflect this change of zone
and send a copy of this Resolution to the Executive Director of
Community Development for the Town of Queensbury, and
BE IT FURTHER,
RESOLVED, that the Executive Director is hereby directed to
mail or send a copy of this Resolution Amending the Zoning
Ordinance with a letter advising that the Town of Queensbury Zoning
Ordinance has been amended as set forth herein to the applicant, if
any, Warren County Planning Board, The Town of Queensbury Zoning
Board of Appeals, the Town of Queensbury Planning Board, the
Director of Building & Codes, and any agency which was an involved
agency for SEQRA purposes, and
BE IT FURTHER,
RESOLVED, that pursuant to the requirements of Article XIII of
the Town of Queensbury Zoning Ordinance and §265 of the Town Law,
the Town Clerk shall, within five (5) days, direct that a certified
copy of said changes be published in the Glens Falls Post-Star and
obtain an Affidavit of Publication, and
BE IT FURTHER,
RESOLVED, that this amendment take effect upon filing of the
same in the Office of Town Clerk.
Duly adopted this 5th day of August, 1996, by the following
vote:
AYES: Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr.
Champagne
NOES: None
ABSENT:None