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356.96 RESOLUTION AMENDING ZONING ORDINANCE TO CHANGE THE DESIGNATION OF PROPERTY UNDER CONTRACT BY MICHAEL J. VASILIOU, INC., (TAX MAP NO.'S: 73-1-22.1, 73-1-22.3, 73-1-22.4, 73-1-22.5, 73-1-22.6, 73-1-22.7, AND A PORTION OF 73-1-21), FROM THE CURRENT ZONING OF RR-3A TO SR-20 AND MR-5 RESOLUTION NO. 356.96 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, Michael J. Vasiliou, Inc., petitioned the Town Board of the Town of Queensbury for a zoning change of the property known as Town of Queensbury Tax Map No.'s: 73-1-22.1, 73-1-22.3, 73-1- 22.4, 73-1-22.5, 73-1-22.6, 73-1-22.7, and a portion of 73-1-21, from RR-3A (Rural Residential - 3 Acres) to SR-20 (Suburban Residential - 20,000 Square Feet) and MR-5 (Multi-Family Residential - 5,000 Square Feet) as part of a proposal for the Indian Ridge Planned Unit Development (PUD), and WHEREAS, on or about the 14th day of May, 1996, the Planning Board for the Town of Queensbury adopted a resolution whereby it recommended a favorable report for the rezoning and PUD to the Town Board with the condition that the single family lots be sized at a minimum of one-half acre, and WHEREAS, on or about the 14th day of February, 1996, the Warren County Planning Board also recommended approval of said rezoning and PUD, concurring with local conditions, and WHEREAS, a public hearing was held on this matter on June 17, 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 area affected by the rezoning, and determines that, assuming that the development occurs as proposed, the rezoning proposal is worthwhile to consider since: 1. The project would initially appear compatible with the area; 2. The project as proposed appears to be in conformance with stated goals of the Town Comprehensive Land Use Plan; 3. The project would appear to cause or further development in the area that is positive; 4. Public and private utilities and facilities are available in the area to service the project; 2 5. The Queensbury Union Free School District would appear to be benefitted by the project; and 6. Aviation Road will soon be widened as part of an effort by New York State to widen the bridge over the Adirondack Northway, and will be available to serve the area; NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Zoning Ordinance is hereby amended to rezone the property owned by Michael J. Vasiliou, Inc., identified as Town of Queensbury Tax Map No.'s: 73-1-22.4, 73-1-22.5, 73-1-22.6, a portion of 73-1-22.7, and a portion of 73- 1-21) to SR-20 (Suburban Residential - 20,000 Square Feet) and the property identified as Town of Queensbury Tax Map No.'s: 73-1-22.1, 73-1-22.3, and a portion of 73-1-22.7 to MR-5 (Multi-Family Residential - 5,000 Square Feet), and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby determines that the appropriate manner in which to implement the rezoning, in consideration of the Project, is to amend, supplement, change, and/or modify the existing RR-3A (Rural Residential - 3 Acres) zoning of the project site to SR-20 (Suburban Residential - 3 20,000 Square Feet) and MR-5 (Multi-Family Residential - 5,000 Square Feet) as more particularly described above, subject to the conditions that the new zoning designations shall not take effect, and that no building permit shall be issued and no construction shall occur as may be allowed under or in an SR-20 (Suburban Residential - 20,000 Square Feet) zone or MR-5 (Multi-Family Residential - 5,000 Square Feet) zone of the Town of Queensbury, until and unless the developers, owner(s) or other persons or companies with a legal or equitable interest in the project site, and in any or all of the parcels subject to the rezoning obtain a Planned Unit Development designation for the entire project site (all parcels of land covered by the rezoning) in accordance with the process set forth in the Zoning Ordinance for the Town of Queensbury and develop the project in accordance with a PUD Agreement to be entered into by the project owners/developers and 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, Warren County Planning Board, the Town of Queensbury Zoning Board of Appeals, the Town of Queensbury Planning Board, the Director of Building & Codes, the Town Surveyor, any agency which was an 4 involved agency for SEQRA purposes and any other agency required by law, and BE IT FURTHER, RESOLVED, that pursuant to the requirements of Article II 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 19th day of August, 1996, by the following vote: AYES : Mr. Turner, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES : Mrs. Goedert ABSENT: None 5