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414.96 RESOLUTION AMENDING ZONING ORDINANCE TO CHANGE THE DESIGNATION OF PROPERTY OWNED BY CHARLES R. WOOD, INDIVIDUALLY AND CHARLES R. WOOD AS AGENT FOR DOUBLE "H" HOLE IN THE WOODS RANCH, INC. (TAX MAP NO.'S: 98-2-1, 98-3-1 AND 98-3-5) ON AVIATION ROAD AND GREENWAY NORTH FROM THE CURRENT ZONING OF SFR-10 TO PC-1A RESOLUTION NO. 414.96 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, Charles R. Wood, Individually and as Agent for the Double "H" Hole in the Woods Ranch, Inc., has petitioned the Town Board of the Town of Queensbury for a zoning change of his property lying and existing within the Town of Queensbury and bearing Tax Map No.'s: 98-2-1, 98-3-1 and 98-3-5, located at the corner of Aviation Road and Greenway North and currently zoned SFR-10 (Single Family Residential - 10,000 Square Feet) be rezoned to PC-1A (Plaza Commercial - 1 Acre), and WHEREAS, on or about July 16, 1996, the Town of Queensbury Planning Board adopted a resolution to recommend to the Town Board the rezoning of the subject property, and WHEREAS, on or about August 21, 1996, the Warren County Planning Board adopted a resolution recommending disapproval of said rezoning, and WHEREAS, a public hearing was held on this matter on October 21, 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, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Zoning Ordinance is hereby amended to re-zone the property owned by Charles R. Wood, Individually and as Agent for the Double "H" Hole in the Woods Ranch, Inc., (Town of Queensbury Tax Map No.'s: 98-2-1, 98-3-1 and 98-3-5) located at the corner of Aviation Road and Greenway North to PC-1A (Plaza Commercial - 1 Acre) except that the following uses normally allowed in Plaza Commercial zones shall be prohibited and not allowed as part of this rezoning: parking garage, day care center and Planned Unit Development and upon conditions that a 75' buffer zone shall be provided along the entire northerly boundary of parcels fronting on Old Aviation Road and a 50' buffer zone shall be provided along the eastern boundary of the property and with the condition that the 75' buffer zone area will be donated to the Town at no cost if the Town Board should so choose in the future with the condition that the 75' buffer area shall be subject to a deed restriction prohibiting any development of this area by this and any subsequent owner of the property and that any commercial development will be served by municipal sewer facilities, 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 21st day of October, 1996, by the following vote: AYES : Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES : Mrs. Monahan ABSENT: None ABSTAIN: Mr. Turner