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2.3 2.3 RESOLUTIONSTOCAL LAWSTNACTMENT1Chapter 179—Rt 9—Montray Sweet Roads—Conmiercial Mod to Intensive—6-13-22 RESOLUTION ENACTING LOCAL LAW NO.: OF 2022 TO AMEND CHAPTER 179 "ZONING" OF QUEENSBURY TOWN CODE TO AMEND ZONING MAP FOR FOUR PARCELS LOCATED ON EAST SIDE OF ROUTE 9 BETWEEN MONTRAY AND SWEET ROADS RESOLUTION NO.: 12022 INTRODUCED BY: WHO MOVED ITS ADOPTION SECONDED BY: WHEREAS, the Queensbury Town Board wishes to change the zoning district designation of four (4) parcels located on the east side of Route 9 between Montray Road and Sweet Road from Commercial Moderate (CM) to Commercial Intensive (CI) as presented at this Town Board meeting, including a proposed revision to the Town's Zoning Map associated with the Zoning Code (collectively, the "proposed zoning revisions"), and WHEREAS, the Town Board wishes to adopt Local Law No.: of 2022 entitled, "A Local Law To Amend Chapter 179 `Zoning' Of Queensbury Town Code To Amend Zoning Map," and WHEREAS, in accordance with General Municipal Law §239-m, the Town referred the proposed zoning revisions to the Warren County Planning Department to obtain a recommendation before enacting the legislation and on or about May 27, 2022, the Warren County Planning Department considered and approved the proposed zoning revisions, and WHEREAS, before the Town Board may amend the Zoning Code, 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 Code, and the Town Board duly conducted such Public Hearing on June 13t", 2022, heard all interested parties and closed the public hearing, and WHEREAS, the Town Board has reviewed Part 1 and completed Part 2 of the Short Environmental Assessment Form as required under the State Environmental Review Act (SEQRA), and WHEREAS, the Town Board has considered the conditions and circumstances of the area affected by the proposed Local Law and wishes to adopt Local Law No.: of 2022 entitled, "A Local Law To Amend Chapter 179 `Zoning' Of Queensbury Town Code To Amend Zoning Map," in substantially the form presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board has determined that the proposed action will not adversely affect the environment, and BE IT FURTHER RESOLVED, that the Town Board hereby authorizes the filing of the SEQRA Negative Declaration - Notice of Determination of Non-Significance for this action in substantially the form presented at this meeting and authorizes and directs the Town Clerk and/or Director of Planning, Zoning and Code Compliance to file any necessary documents relating to this Negative Declaration in accordance with applicable laws and regulations, and BE IT FURTHER, RESOLVED, that the Town Board hereby adopts Local Law No.: of 2022 to amend Queensbury Town Code Chapter 179, "Zoning," entitled, "A Local Law To Amend Chapter 179 `Zoning' Of Queensbury Town Code To Amend Zoning Map," in substantially the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to send a copy of this Resolution and a copy of the approved Local Law No.: of 2022 to the Town Planning Board, Town Zoning Board of Appeals, Town Zoning Administrator and Warren County Planning Department in accordance with§179-15-080(D) of the Town Zoning Law, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to submit approved Local Law No.: of 2022 to the New York State Secretary of State for filing, in accordance with the provisions of the Municipal Home Rule Law and acknowledges that the Local Law will take effect immediately upon filing by the Secretary of State, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk, Town Zoning Administrator, Senior Planner and/or Town Counsel to take any other actions necessary to effectuate the intent and provisions of this Resolution. Duly adopted this 13t'day of June, 2022,by the following vote: AYES: NOES: ABSENT: LOCAL LAWS\Chapter 179—Route 9 Between Montray Sweet Roads—Commercial Moderate to Commercial Intensive—6-13-2022 LOCAL LAW NO.: OF 2022 A LOCAL LAW TO AMEND CHAPTER 179 "ZONING" OF QUEENSBURY TOWN CODE TO AMEND ZONING MAP BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF Q UEENSB UR Y AS FOLLOWS. SECTION 1. Queensbury Town Code Chapter 179, "Zoning," is hereby amended by amending the official Town Zoning Map to reflect a change of zoning district designation for four (4) parcels located on the east side of Route 9 between Montray Road and Sweet Road from Commercial Moderate to Commercial Intensive, such properties bearing the following tax tap parcel numbers: • 267.17-1-45 • 267.17-1-46.2 • 267.17-1-47 • 267.17-1-49 SECTION 2. 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. SECTION 3. 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 4. All Local Laws or Ordinances or parts of Local Laws or Ordinances in conflict with any part of this Local Law are hereby repealed. SECTION 5. This Local Law shall take effect immediately upon filing in the Office of the New York Secretary of State as provided in New York State Municipal Home Rule Law§27. Note: Language in bold italics is new language to be added; Language with line dr-a-wa#weutgh is old language to be deleted. 1 Route 9/1Sweet Rd Proposed Rezoning '. , �, = =c, g �r h { - CM to CI � , vv °~ D r . Parcels to be Rezoned CM to Cl P4 Q4 N WE 0 150 300 Feet Map Produced by TOQGIS:5/2022 ram. �•� V,i� e�o�{ �it°�.'w-�^�` •.. � � �t+`4 � '� r aa7,t50 s ';. Ni. %OWNER:UGHN$UAR� OSZ� ir.�t w OWNER bQUEENSBURY } x , I DGING `� ,. '.LLCr,. � �,; :;� .•,� �, ti tY t# •��� s.� � � � � �,,,.. ,yam; �r7w .iL {: .a i SBL••296.174:47 r OWNER._EVEREST .. EINTERP'glsESALC p ; `•1XIf z �o t � )I�t I '��y4 .�yr' t �� ryT''..`�+ �, ' ,�S.s :•��'�'+' a - '"s,�rr .!I{e' d.^�'(. �4.. ,�r x } �> � � 4),�I 3.�.) .+.��''' � r�}�.;,� •#*�4Lfi ���v'� � ��aA ,,{ '*' '�`.. =f %f t S•�`Y�' o+ f.•-4 3 .,••t � r..� `3 1}� ° ` ) °J" -.y�'�xVIL EZ SBL',296.174 1 ��P��'�:. Cy��� EMP.IRE.VLC g� _� Short.Environmental Assessment Form Part 1 -Project Information Instructions for Completing Part 1—Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1.You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1—Project and Sponsor Information Name of Action or Project: Change of zoning district designation for four(4)parcels on the east side of Route 9 between Montray and Sweet roads. Project Location(describe,and attach a location map): See attached map. Brief Description of Proposed Action: Adoption of a local law amending the official Town Zoning Map to reflect a change of zoning district designation for four(4)parcels located on the east side of Route 9 between Montray Road and Sweet Road from Commercial Moderate to Commercial Intensive,such properties bearing the following tax tap parcel numbers: •267.17-1-45 •267.17-1-46.2 •267.17-1-47 •267.17-1-49 Name of Applicant or Sponsor: Telephone: (518)761-8229 Town Board,Town of Queensbury E-Mail: QbySupervisor@queensbury.net Address: 742 Bay Road City/PO: State: Zip Code: Queensbury INY 112804 1. Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that Elmay be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other government Agency? NO YES If Yes,list agency(s)name and permit or approval:Warren County Planning Dept.GLM 239-m review ❑ 3. a.Total acreage of the site of the proposed action? 6.35 acres. b.Total acreage to be physically disturbed? 6.35 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 0 acres 4. Check all land uses that occur on,are adjoining or near the proposed action: 5. ©Urban El Rural(non-agriculture) ❑ Industrial 0 Commercial.[] Residential(suburban) ❑Forest ❑ Agriculture ❑ Aquatic ❑ Other(Specify): ❑Parkland Page I of 3 S. Is the proposed action, NO YES N/A a. A permitted use under the zoning regulations? F-1 1-1 Z b. Consistent with the adopted comprehensive plan? M kv� El NO YES 6. Is the proposed action consistent with the predominant character of the existing built or natural landscape? F-1 F&-/] 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: Z F-1 NO YES 8. a. Will the proposed action result in a substantial increase in traffic above present levels? b. Are public transportation services available at or near the site ofthe proposed action? ❑ c. Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed action? M 9. Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: F] nv 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: 11. Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: nt/ n 12. a.Does the project site contain,or is it substantially contiguous to,a building,archaeological site,or district NO YES which is listed on the National or State Register of Historic Places,or that has been determined by the ❑ Commissioner of the NYS Office of Parks,Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places? b.Is the project site,or any portion of it,located in or adjacent to an area designated as sensitive for ❑ archaeological sites on the NY State Historic Preservation Office(SHPO)archaeological site inventory? 13. a. Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? RI F-1- b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? Z El If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: Page 2 of 3 14. Identify the typical habitat types that occur on,or are likely to be found on the project site.Check all that apply: ❑Shoreline ❑ Forest ❑Agricultural/grasslands ❑ Early mid-successional MWetland ❑ Urban ❑Suburban 15. Does the site of the proposed action contain any species of animal,or associated habitats,listed by the State or NO YES Federal government as threatened or endangered? ❑ D 16. Is the project site located in the 100-year flood plan? NO YES 17. Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, mv ❑ a. Will storm water discharges flow to adjacent properties? F&/1 b. Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: 18. Does the proposed action include construction or other activities that would result in the impoundment of water NO YES or other liquids(e.g.,retention pond,waste lagoon,dam)? If Yes,explain the purpose and size of the impoundment: Fv] ❑ 19. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste NO YES management facility? If Yes,describe: Fv] ❑ 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: Fs/1 An adjacent property at the SE comer on Montray Road and Route 9 was previously had a bulk petroleum storage tank, Tank removed and site is currently unregulated. I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor/name: Town Board,Town of Queensbury Date:5/11/2022 Signature: —Title:Town Supervisor PRINT FORM Page 3 of 3 ' . . � EAF Mapper Summary Report Wednesday, May 11.20222:34PK8 Disclaimer: The EAF Mapper is a screening tool intended to assist -:5. project sponsors and reviewing agencies In preparing an environmental assessment form(EAF).Not aH questions asked In the EAF are answered by the EAF Mapper.Additional information on any EAF question can be obtained by consulting the EAF Workbooks. Although -to-date digital data available to the EAF Mapper provides the most up �ka b ej�, 15 DEC,you may also need to contact local or other data sources in order 0- If obtain data not provided by the Mapper.Digital data is not a substitute for agency determinations. on, ten IVA Part 1 /Question 7 [Critical Environmental No Area) Part 1 /Question 12n [National ocState No Register of Historic Places mr State Eligible Sites] Part 1 /Question 12b [Archeological Sites] Yes Part 1 /Question 13 [Wetlands orOther No Regu|atadVVatarbmdiem] Part 1 /Question 15 [Threatened or No Endangered Animal] Part /(]ueution 1G[1OQ Year Flood Plain] Digital mapping data are not available orare incomplete. Refer toEAF Workbook. Part 1 /Question 2O[Rennad|adonSite] Yes Short Environmental Assessment Form ~ EAFMapper Summary Report x Agency Use Only[If applicable] Project:F —� Date: Short Environmental Assessment Form Part 2 -Impact Assessment Part 2 is to be completed by the Lead Agency. Answer all of the following questions in Part 2 using the information contained in Part I and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning ❑ ❑ regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the El ❑ establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or ❑ affect existing infrastructure for mass transit,biking or walkway? El 6. WiIl the proposed action cause an increase in the use of energy and it fails to incorporate ❑ ❑ reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: ❑ ❑ a.public 1 private water supplies? b.public 1 private wastewater treatment utilities? ❑ 8. Will the proposed action impair the character or quality of important historic,archaeological, ❑ architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, ❑ waterbodies,groundwater,air quality,flora and fauna)? 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage ❑ ❑ problems? 11. Will the proposed action create a hazard to environmental resources or human health? PRINT FORM Pagel of 2 SERF 2019 Agency Use Only[If applicable] ' Project; Date: Short Environmental Assessment Form Part 3 Determination of Significance Significance For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3.Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting, probability of occurring,duration,irreversibility,geographic scope and magnitude. Also consider the potential for short- term,long-term and cumulative impacts. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ElCheck this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Queensbury Town Board June 13,2022 Name of Lead Agency Date John F.Strough, Ill Town Supervisor Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) PRINT FORM Page 2 of 2 Reviewed by Department on Friday,May 27,2022 Warren County Planning Department Jun2022-3 Project Review and Referral Form Project Name: Town of Queensburg-209 Owner: Town of Queensbury ID Number: QBY-22-LL County Project#: Jun2022-3 Current Zoning: Community: Queensbury Project Description: Applicant proposes resolution to amend zoning map. Site Location: Tax Map Numbers: County Planning Recommendation: Approve Informal Staff Comments: Local actions to date(if any): Local Action/Final Disposition: _ I �• 5/27/2022 Warren County Planning Department Date Signed Local Official Date Signed PLEASE RETURN THIS FORM TO THE WARREN COUNTY PLANNING DEPARTMENT WITHIN 10 DAYS OF FINAL ACTION