Aviation Mall Zone Change Recommendation
Town of Queensbury Planning Board
Community Development Department Staff Notes
Date to be determined
Town Board Recommendation AVIATION MALL NEWCO, LLC
578 Aviation Road / ESC – Enclosed Shopping Center / Ward 2
SEQR Type I
Material Review: application – zoning map, square footage of existing buildings
Parcel History: multiple
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Requested Action
Planning Board recommendation to the Town Board.
Resolutions
Receommendation
Project Description
Aviation Mall Newco, LLC has submitted a petition for zone change to the Queensbury Town Board to allow
for the addition of multi-family residential as allowed by Site Plan Review and to amend parking and
subdivision requirements in the Enclosed Shopping Zoning District – ESC. The Queensbury Town Board has
forward the petition for Zoning Change to the Queensbury Planning Board for review, report and
recommendation. Pursuant to Chapter 179-15-040 of the Zoning Ordinance, the Town Board may refer any
proposed amendment to the Planning Board for recommendation. The Planning Board shall provide a
recommendation to the Town Board
Staff Comments
The applicant requests a zoning code change to allow multi-family residential/apartment house condos in the
Enclosed Shopping Center zone. The applicant has indicated this would allow for mixed –use development at
Aviation Mall. The applicant has indicated the mall would benefit commercial zone and additional customers.
30% residential capped at the size of the ESC.
ESC Zoning Code Section 179-3-040B(1), Parking 179-4-090 –highlights of proposed code amendment
• minimum lot size :2.5 ac per principal use/structure
• the maximum gross building residential are (total unit square footage) shall be thirty percent (30%) of the
total building floor area of all other commercial building with the ESC zoning district.
• subdivision requirement. Back lots to be utilized for (1) mall Anchor Stores greater than 30,000 square feet
each and (2) multifamily dwelling may be subdivided without the otherwise required setbacks or frontage
on a public road, provided that reciprocal access and parking easements between separate parcels area
recorded in the Warren County Clerk’s office.
• -parking –
- Enclosed Shopping Center – 5 per 1000 sq ft GLFA up to 150,000 sq ft; 4.5 per 1000 sq ft GFLA up
to 500,000 sq ft ; 3.75 per 1,000 sq ft of GLFA above 500,000 sq ft
- Multifamily/house/dwelling -1.5 per unit. 1.25 parking spaces per unit in the Enclosed Shopping
Center (ESC) district.
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Summary
Staff would recommend the board review the allowed uses in the ESC zone, review the section codes below and
any others that might need to be addressed. Staff would encourage creating a commercial planned unit
development to maximize the uses and review process. Staff would encourage board members to listen to the
audio of the Town Board special workshop 3/2/2020 – the board identified additional uses it might consider.
Town Counsel has provided a memo to the Town Board suggesting a commercial planned unit development
versus amending the zoning code language.
Code Sections and Notes.
• Section 179-2-010- definitions -back-lots, anchor store, condominium development-treated as a subdivision
• Section 179-4-035 no residential subdivision development within 500 ft of the Northway.
• Section 179-4-010 Residential Design Requirements – would need to be amended to include ESC
• Section 179-10-070 Special Use Permit Specific Criteria noting uses that require lot size, setbacks, or
screening –amusement center, commercial boat storage sales/service/storage, enclosed shopping center (25
ac required lot is 66 ac), kennel (10 ac 200 ft setback), night club/tavern (outdoor seating), nursery (10 ac) ,
parking structures –stormwater, veterinary clinics (20 ac and 300 ft setback, interior storage (existing
building), commercial mining (25 ac and other zones listed).
• Section 179-8-060 Buffer zones between residential and commercial
• Section 183 Subdivision –define multifamily dwelling subdivision possibly
• Section 179-4-090 Parking –bicycle facilities
• Proposed language Section 179-3-040 Description….”…, as well as compatible commercial (I believe there
should be a comma here) mixed use and multifamily dwelling
• Items not identified – community gardens, dog park, covered porch, open deck, enclosed or open swimming
pool area, stormwater for (additions, new structures, land clearing), telecommunication towers/antennas
• Generating additional residential -30% of the total floor area of the commercial buildings would be a sliding
scale – if more commercial buildings then more residential
Meeting History: 1st meeting;