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081.98 RESOLUTION TO SET PUBLIC HEARING ON PROPOSED AMENDMENT TO ZONING ORDINANCE REGARDING PETITION FOR CHANGE OF ZONE FOR CRACKER BARREL OLD COUNTRY STORE FROM SFR-10 (SINGLE FAMILY RESIDENTIAL - 10,000 SQUARE FEET) TO PC-1A (PLAZA COMMERCIAL - 1 ACRE) RESOLUTION NO.: 81. 98 INTRODUCED BY : Mr. Richard Merrill WHO MOVED ITS ADOPTION SECONDED BY : Mr. Douglas Irish WHEREAS, the Town Board of the Town of Queensbury is presently considering an amendment, supplement, change, and/or modification to the Town of Queensbury Zoning Ordinance and map, and more specifically, considering a request for an amendment to the Town of Queensbury Zoning Ordinance by the Cracker Barrel Country Store whereby certain property lying and existing within the Town of Queensbury and bearing Tax Map Identification 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 October 20, 1997, the Town Board of the Town of Queensbury adopted a resolution authorizing the submission of the aforesaid request to the Town of Queensbury Planning Board for a report and recommendation, and th WHEREAS, on or about the 13 day of January, 1998, the Planning Board for the Town of Queensbury adopted a resolution to recommend to the Town Board approval of the Petition for a Change of Zone, with a number of specified conditions, and th WHEREAS, on or about the 14 day of January, 1998, the Warren County Planning Board adopted a resolution to recommend to the Town Board disapproval of the Petition for a Change of Zone, and WHEREAS, in order to so amend, supplement, change, or modify the Ordinance and Map, it is necessary pursuant to Town Law §265, the Municipal Home Rule Law, 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 Zoning Amendment has submitted a Full Environmental Assessment Form and completed Petition for a Change of Zone, 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 whereby certain property lying and existing within the Town of Queensbury and bearing Tax Map Identification 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) would be rezoned to PC-1A (Plaza Commercial - 1 Acre) or such other suitable zoning classification as the Town Board may determine, and BE IT FURTHER, RESOLVED, that said public hearing on the issues set forth in the preambles of this resolution rd and proposed Local Law, shall be held on March 23, 1998, 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 BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Community Development Department 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 Community Development Department to arrange for notification to all said property owners of the proposed Zoning Amendment and that a public hearing will be held by mailing to said owners a copy of the Notice of Public Hearing presented at this meeting, and BE IT FURTHER, RESOLVED, that the Community Development Department 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, Warren County Planning Board, 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 Town Board of the Town of Queensbury hereby determines that the action about to be undertaken is subject to SEQRA and that it desires to be lead agency for purposes of the SEQRA review, and BE IT FURTHER, RESOLVED, that the Community Development Department is hereby authorized and directed to forward the Application for Rezoning and a copy of the EAF and give notice of said public hearing and the fact that a SEQRA determination will not be made until after the hearing, to any agencies that may be involved for SEQRA purposes, and to review and send any notices to potentially involved agencies that may be necessary, and BE IT FURTHER, RESOLVED, that the Community Development Department is also hereby authorized and directed to give notice and refer this matter to the Adirondack Park Agency in accordance with the laws, rules and regulations of the State of New York and the Adirondack Park Agency, if notice is necessary. Duly adopted this 2nd day of March, 1998, by the following vote: AYES: Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES : None ABSENT:None