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4.2 4.2 RESOLUTIONS\ZONING\APEX Capital—West Mountain—Petition for Change of Zone Set PH—1-25-2021 RESOLUTION SETTING PUBLIC HEARING ON PROPOSED "LOCAL LAW TO AMEND CHAPTER 179 `ZONING' OF QUEENSBURY TOWN CODE TO CHANGE ZONING OF CERTAIN PROPERTY FROM MODERATE DENSITY RESIDENTIAL (MDR) TO RECREATION COMMERCIAL (RC)" AND AMEND TOWN ZONING MAP RESOLUTION NO.: , 2021 INTRODUCED BY: WHO MOVED ITS ADOPTION SECONDED BY: WHEREAS, Apex Capital, LLC submitted a zoning change application to the Queensbury , Town Clerk's Office on July 11, 2019 requesting a change of zoning district from Moderate Density Residential (MDR) to Recreation Commercial (RC) on Tax Map Parcel Nos: 315.5-1-3.2 and 315.5-1-2 to allow for the expansion of the West Mountain Ski Area parking lot,and WHEREAS, Apex Capital, LLC has also submitted to the Town a site plan review application for the expansion of the West Mountain Ski Area parking lot, construction of a zip line attraction and approval of an existing mountain biking venue, and WHEREAS, by Town Board Resolution No.: 269,2019, the application for zoning changes was forwarded to the Town Planning Board for SEQRA review and recommendations in accordance with §179-15-040 of the Town Zoning Ordinance, and WHEREAS, on December 22, 2020 the Town Planning Board issued a SEQRA Negative Declaration on both the proposed site plan and proposed zoning change, and WHEREAS, on December 22, 2020 the Town Planning Board issued a favorable recommendation to the Town Board regarding the proposed zoning district changes, and WHEREAS, the Town Board wishes to consider adoption of Local Law No.: of 2021 to Amend Chapter 179 "Zoning"of Queensbury Town Code to amend its Zoning Map on Tax Map Parcel Nos: 315.5-1-3.2 and 315.5-1-2 from Moderate Density Residential (MDR) to Recreation Commercial (RC),and WHEREAS, before the Town Board may amend its Zoning Map, it must hold a public hearing in accordance with the provisions of Town Law §265, the Municipal Home Rule Law and the Town of Queensbury Zoning Law, and WHEREAS, in accordance with General Municipal Law §239-m, the Town must first refer the proposed Zoning Law amendments and obtain a recommendation from the Warren County Planning Department before enacting the legislation,and WHEREAS, the Town Board wishes to set a Public Hearing concerning adoption of this Local Law, NOW,THEREFORE,BE IT RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk or Director of Planning and, Zoning to forward copies of the proposed revised Zoning Map changes to the Warren County Planning Department for its review and recommendation, and BE IT FURTHER RESOLVED, that the Queensbury Town Board shall meet and hold a Public Hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7: 00 p. in. on Monday, February 81', 2021 to hear all interested persons-concerning proposed Local Law No.: of 2021 which provides for certain amendments of the Town of Queensbury' s Zoning Map, and BE IT FURTHER, RESOLVED,that the Town Board hereby authorizes and directs the Town Clerk to provide the public with at least 10 days' prior notice of the Public Hearing by causing a Notice of Public Hearing to be timely published in the Town's official newspaper and by posting the Notice of Public Hearing on the Town's website and public bulletin board at least ten(10) days before the date of the Public Hearing,and BE IT FURTHER RESOLVED, that the Town Board further authorizes and directs the Town Clerk to send the Notice of Public Hearing, together with copies of the proposed Local Law if necessary, to any public officials, agencies, municipalities or individuals, in accordance with New York State Town Law§ 265 and any other applicable State Laws or Town Code provisions, and BE IT FURTHER RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk and/or the Town's Director of Planning, Zoning and Code Compliance to take such other actions and give such other notices as may be necessary in preparation for the Public Hearing and for the Town Board to lawfully adopt proposed Local Law No.: of 2021. Duly adopted this 25 h day of January,2021,by the following vote: AYES: NOES: ABSENT: LOCAL LAWS&ORDINANCES\Chapter 179— Amend Zoning Map—Apex Capital—West Mountain—2-8-2021 LOCAL LAW NO.: OF 2021 A LOCAL LAW TO AMEND CHAPTER 179 "ZONING" OF QUEENSBURY TOWN CODE TO,CHANGE ZONING OF CERTAIN PROPERTY FROM MODERATE DENSITY RESIDENTIAL (MDR) TO RECREATION COMMERCIAL (RC) BE IT ENACTED BY THE QUEENSBURY TOWN BOARD AS FOLLOWS: Section 1. Intent; Authority — The Town Board seeks to change the zoning district designation of two (2) parcels of land from Moderate Density Residential (MDR) to Recreation Commercial (RC). This Local Law is adopted in accordance with the New York State Municipal Home Rule Law. Section 2. Amendment of Zoning Map — The Town of Queensbury Zoning Map referenced in Town Code §179-3-010 is hereby amended to reflect a zoning district change for two (2) parcels of property on West Mountain Road from Moderate Density Residential (MDR) to Recreation Commercial (RC), such properties bearing Tax Map Parcel numbers as follows: 315.5-1-2 315.5-1-3.2 Section 3. The map appended to this Local Law is hereby adopted as the official Town Zoning Map of the Town of Queensbury and supersedes the previously adopted Town Zoning Map. Note: Language in bold italics is new language to be added; Language with tine dr-ayga tIffetigh is old language to be deleted. 1 Section 4. Severability— The invalidity of any clause, sentence, paragraph or provision of this Local Law shall not invalidate any other clause, sentence,paragraph or part thereof. Section 5. Repealer — All Local Laws or Ordinances or parts of Local Laws or Ordinances in conflict with any part of this Local Law are hereby repealed. In particular, this Local Law is specifically intended to supersede the amended provisions of the current Town of Queensbury Zoning Law. Section 6. Effective Date—This Local Law shall take effect upon filing by the office of the New York State Secretary of State or as otherwise provided by law. Note: Language in bold italics is new language to be added; Language with line aravm thfo g is old language to be deleted. 2 NOTICES\REZONINGS\APEX Capital-West Mountain—2-8-2021 NOTICE OF PUBLIC HEARING IN ACCORDANCE WITH A RESOLUTION OF THE QUEENSBURY TOWN BOARD DULY ADOPTED ON MONDAY, JANUARY 25TH, 2021,NOTICE IS HEREBY GIVEN THAT THE TOWN BOARD WILL CONDUCT A PUBLIC HEARING ON MONDAY, FEBRUARY 8TH, 2021 AT 7:00 P.M. IN THE QUEENSBURY ACTIVITIES CENTER, 742 BAY ROAD, QUEENSBURY AT WHICH HEARING THE TOWN BOARD SHALL HEAR ALL INTERESTED PARTIES CONCERNING PROPOSED ADOPTION OF LOCAL LAW NO.: OF 2021 TO AMEND THE OFFICIAL TOWN OF QUEENSBURY ZONING MAP TO CHANGE THE ZONING OF REAL PROPERTY CURRENTLY OWNED BY APEX CAPITAL, LLC LOCATED AT 43 AND 57 WEST MOUNTAIN ROAD IN THE TOWN OF QUEENSBURY BEARING TAX MAP NOS: 315.5-1-3.2 AND 315.5-1-2 FROM MODERATE DENSITY RESIDENTIAL (MDR) TO RECREATION COMMERCIAL (RC). FOR OBTAIN FURTHER INFORMATION, PLEASE CONTACT THE QUEENSBURY TOWN CLERK'S OFFICE, 742 BAY ROAD, QUEENSBURY (518) 761-8234 OR VISIT THE TOWN OF QUEENSBURY'S WEBSITE AT WWW.QUEENSBURY.NET BY ORDER OF THE QUEENSBURY TOWN BOARD. PUBLICATION DATE: ,2021 CAROLINE H.BARBER TOWN CLERK TOWN OF.QUEENSBURY Pamela Hunsinger From: Stuart Baker Sent: Thursday,January 21, 2021 1:34 PM To: Town Board Cc: Karen O'Brien; Pamela Hunsinger; Mark Schachner(mschachner@mmshlaw.com); rhafner@mmshlaw.com; Craig Brown Subject: Addendum -> RE:Staff Notes for 1/25 regular TB meeting, re: Res.4.2 Board members may recall that the original proposal from Apex (West Mountain) included a zip line. That proposal was dropped during the Planning Board SEQR review. Harrison and Tim will receive copies of the original Petition for Change of Zoning application with their Board packets. Stu Stuart G. Baker,Senior Planner Town of Queensbury COVID-19 Response Plan Community Development Department Town of Queensbury •TE 742 Bay Road Queensbury, NY 12804-5902 } Gb (518) 761-8222 Direct Line 'IPAwww.gueensbury.net stuartb@gueensbury.net Click on image for Warren County Covid vaccine information From:Stuart Baker Sent:Thursday,January 21, 2021 1:24 PM To:Town Board <Town Board @queensbury.net> Cc: Karen O'Brien <kareno@queensbury.net>; Pamela Hunsinger<pamelah@queensbury.net>; Mark Schachner (mschachner@mmshlaw.com) <mschachner@mmshlaw.com>; rhafner@mmshlaw.com; Craig Brown-Town of Queensbury(CraigB@queensbury.net)<CraigB@queensbury.net> Subject:Staff Notes for 1/25 regular TB meeting, re: Res.4.2 Resolution 4.2—West Mountain zoning change This project originated by petition of Apex Capital, the owner of West Mountain Ski Area. Apex/West Mountain is requesting a change of zone for two parcels from Moderate Density Residential to Recreation Commercial to allow expansion of West Mountain Ski Area parking. Site Plan Review approval is also required from the Planning Board for the proposed parking expansion and the mountain biking venue. On August 5, 2019,the Town Board passed Res. 269, 2019. This resolution referred the application to the Planning Board for a) review and recommendation and b) SEQR lead agency review on both the proposed zoning change and the associated site plan application. 1 On December 22, 2020,the Planning Board completed their SEAR review, and issued a Negative Declaration. At the same meeting, the Planning Board also passed a resolution with a positive recommendation to the Town Board on the proposed zoning change. These resolutions are attached. Also attached are revised materials Apex submitted for Town Board consideration in the review of the petition for zoning change. Resolution 4.2 sets a public hearing on the proposed Local Law for the zoning change for the regular Town Board meeting on February 8m Attachments: • Planning Board resolution for SEAR Negative Declaration • Planning Board resolution for Positive Recommendation on zoning change • Apex letter dated 1-7-21 • Apex supplemental materials dated 1-11-21 Please let me know if you need any additional information. Stu Town of Queensbury COVID-19 Response Stuart G. Baker,Senior Planner Plan Community Development Department Town of Queensbury �.,p►TE 742 Bay Road L -All Queensbury, NY 12804-5902 (518)761-8222 Direct ' Lines www.gueensburV.net UNV51 stuartb@gueensbury.net Click on image for Warren County Covid vaccine information 2 Stuart Baker From: Stuart Baker Sent: Thursday,January 21, 2021 1:24 PM To: Town Board Cc: Karen O'Brien; Pamela Hunsinger; Mark Schachner(mschachner@mmshlaw.com); . rhafner@mmshlaw.com; Craig Brown -Town of Queensbury (CraigB@queensbury.net) Subject: Staff Notes for 1/25 regular TB meeting, re: Res.4.2 Attachments: Petition Change of Zone - 01-07-2021.pdf,APEX to LMoore 1-11-21.pdf, Resolution PBR to TB Apex Capital_12 17 20.pdf; Resolution SEAR SP 53-2019 Apex Capital 17 20.pdf Resolution 4.2—West Mountain zoning change This project originated by petition of Apex Capital, the owner of West Mountain Ski Area. Apex/West Mountain is requesting a change of zone for two parcels from Moderate Density Residential to Recreation Commercial to allow expansion of West Mountain Ski Area parking. Site Plan Review approval is also required from the Planning Board for the proposed parking expansion and the mountain biking venue. On August 5, 2019,the Town Board passed Res. 269, 2019. This resolution referred the application to the Planning Board for a) review and recommendation and b)SEQR lead agency review on both the proposed zoning change and the associated site plan application. On December 22, 2020,the Planning Board completed their SEQR review, and issued a Negative Declaration. At the same meeting,the Planning Board also passed a resolution with a positive recommendation to the Town Board on the proposed zoning change. These resolutions are attached. Also attached are revised materials Apex submitted for Town Board consideration in the review of the petition for zoning change. Resolution 4.2 sets a public hearing on the proposed Local Law for the zoning change for the regular Town Board meeting on February 8m Attachments: • Planning Board resolution for SEQR Negative Declaration • Planning Board resolution for Positive Recommendation on zoning change • Apex letter dated 1-7-21 • Apex supplemental materials dated 1-11-21 Please let me know if you need any additional information. Stu Stuart G. Baker,Senior Planner Town of Queensbury COVID-19 Response Community Development Department Plan Town of Queensbury 742 Bay Road Queensbury, NY 12804-5902 i Town of Queensbury -'.Community Development Office 742 Bay Road, Queensbury,NY 12804 Town of Queensbury Planning Board SEQR RESOLUTION—Grant Negative Declaration SITE PLAN 53-2019 APEX CAPITAL, LLC Tax Map ID: 307.-1-29, 315.5-1-3.2, 315.5-1-2/Property Address: 59, 47 & 53 West Mt. Road Zoning: RC/MDR The applicant has submitted an application to the Planning Board: (SEQR)Applicant proposes expansion of the West Mountain Ski Area parking lot, approval of an existing mountain biking venue and other associated projects. Project also includes a Town Board referral for a Petition for Zone Change parcels 315.5-1-3.2 and 315.5-1-2 from Moderate Density to Recreation Commercial.. The parcels are to be used for overflow parking. Pursuant- to Chapter 179-15-040 Town Board may refer proposed amendments to the Planning Board for " recommendation; and Pursuant to Chapter 179-3-040 of the Zoning Ordinance, expansion of a recreation center shall be subject to Planning Board review and approval. Planning Board to review SEQR and make recommendation to the Town Board. The Planning Board has determined that the proposed project and Planning Board action is subject to review under the State Environmental Quality Review Act; The.proposed action considered by this Board is Unlisted in the Department of Environmental Conservation Regulations implementing the State Environmental Quality Review Act and the regulations of the Town of .. Queensbury; No Federal or other agencies are involved; Part 1 of the Long EAF has been completed by the applicant; Upon review of the information recorded on this EAF, it is the conclusion of the Town of Queensbury Planning Board as lead.agency that this project will result in no significant adverse impacts on the environment, and, therefore, an environmental impact statement need not be prepared. Accordingly, this negative declaration is issued. MOTION TO GRANT A NEGATIVE DECLARATION FOR SITE PLAN 53-2019 APEX CAPITAL, LLC. Introduced by Michael Dixon who moved for its adoption. As per the resolution prepared by staff. 1. Part II of the Long EAF has been reviewed and completed by the Planning Board. 2. Part III of the Long EAF is not necessary because the Planning Board did not identify potentially moderate to large impacts. Motion seconded by Brad Magowan. Duly adopted this 22"d day of December 2020 by the following vote: AYES: Mr. Magowan, Mr. Valentine, Mr. Dixon, Ms. White, Mr. Shafer, Mr. Hunsinger, Mr. Traver NOES: NONE ABSENT: Mr.Deeb Phone: 518.761.82201 Fax: 518.745.4437 1742 Bay Road,Queensbury,NY 12804 www.queensbtiiy.net Town of Queensbury Community Development Office 742 Bay Road, Queensbury,NY 12804 Town of Queensbury Planning Board RESOLUTION-Planning Board Recommendation to the Town Board for Zoning change APEX CAPITAL, LLC Tax Map ID: 207.4-29, 315.5-1-3.2, 315.5-1-2/Property Address: 59, 47 & 53 West Mt. Road Whereas, an application has been made to the Town of Queensbury Town Board for a zoning change. The Town Board referred this application to the Planning Board for an advisory recommendation pursuant to Section 179-15-020; Whereas, the applicant proposes to rezone parcels 315.5-1-3.2 & 315.5-1-2 currently zoned Moderate Density Residential (MDR)to Recreational Commercial (RC); Whereas, the Planning Board will review the applicant's site plan pursuant to the requirements of Section 179- 9-020; Whereas, the State Environmental Quality Review Act has been completed by the Queensbury Planning Board and has issued a negative declaration; a Now,therefore, be it resolved,that we find the following: MOTION FOR RECOMMENDATION TO THE TOWN BOARD AS FAVORABLE FOR ZONING REQUEST FROM MDR TO RC; Introduced by Michael Dixon who moved for its adoption, and Motion seconded by Brad Magowan. Duly adopted this 22nd day of December 2020 by the following vote: AYES: Mr. Valentine, Mr. Dixon,Ms. White,Mr. Shafer, Mr. Hunsinger, Mr. Magowan,Mr. Traver NOES: NONE ABSENT: Mr. Deeb Phone: 518.761.8220 Fax: 518.745.4437 742 Bay Road,Queensbury,NY 12804 www.queensbury.net studel 0' /�\ Landscape Architecture+Engineering,Dpc January 7, 2021 Town of Queensbury Community Development Office 742 Bay Road Queensbury, NY 12804 Attn: Mr. Craig Brown, Director of Zoning Re: Apex Capital,LLC—Status Report, Town Board Referral ForPetition Change ofZone, TaxMap ID.-315.5-13.2,315.5-11;Address:59,47and 53 West Mountain Road,•Zoning:RCIMDR Dear Mr. Brown: Apex Capital, LLC's petition for a zone change for the above referenced parcels at West Mountain Ski Area pertains to the ability to use the parcels as an overflow parking lot.The zone change is requested from Moderate Density Residential (MDR)to Recreation Commercial (RC). Development and use of the parcels for parking at the ski area is not an allowable use under the MDR zone district.The requested change of zone to RC will allow for the parcels to be used in conjunction with West Mountain Ski Area, which is a Commercial Recreational use. Expansion of the ski area's parking is necessary for several reasons. First, parking at the ski area currently overflows onto West Mountain Road during holiday periods and special events, such as ski races which occur regularly. Expansion of the parking lot will allow for such overflow parking to be accommodated on-site rather than on the shoulders of West Mountain Road.This will resolve any potential safety issues or inconveniences on West Mountain Road which may be caused by such overflow parking needs. Secondly, expansion of the parking lot will allow for the reconfiguration of the parking lot and entrances/exits onto West Mountain Road.This will allow for a more efficient parking layout as well as safer access/egress onto West Mountain Road. As an aside,the zone change petition is also in support of Site Plan Application 53-2019.This site plan application includes the above referenced improvements to the existing and expanded (overflow) parking lots as well.as approval of the existing mountain bike trail system that is operated by West Mountain Ski Area.The application also previously included the construction of a zip line facility.This element has been-removed from the site plan application request. 38 High Rock Avenue,Suite 3 1•P.O.Box 272.1 Saratoga Springs,-NY 12866 1518.450.4030 t - We trust that the above clarifies the current status of the West Mountain Ski Area (Apex Capital, LLC) project.Should you have any further questions or need additional information, please contact us. Yours truly, S.Jeffrey Anthony, RLA,ASLA for Studio A Landscape Architecture and Engineering, DPC Cc: Spencer Montgomery Jon Lapper, Esq.