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.