057.2021 Set PH Proposed Local Law to Amend Zoning- Apex Capital from MDR to RC
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.: 57, 2021
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Timothy McNulty
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
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Queensbury Activities Center, 742 Bay Road, Queensbury at 7: 00 p. m. on Monday, February 8,
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.
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Duly adopted this 25 day of January, 2021, by the following vote:
AYES: Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough
NOES: None
ABSENT: None