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4.12 4.12 RESOLUTIONS\LOCAL LAWS\SET PUBLIC HEARING\Chapter 179 Zoning—Rezone CVE North America Parcel From Commercial Intensive to Light Industrial—6-13-2022 RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCALLAW NO. OF 2022 TO AMEND CHAPTER 179 "ZONING" OF QUEENSBURY TOWN CODE TO AMEND ZONING MAP FOR TAX MAP PARCEL NO.: 303.15-1-25.2 AND DESIGNATE TAX MAP PARCEL NO.: 303.11-1-4.1 AS AN OPEN DEVELOPMENT AREA RESOLUTION NO.: ,2022 INTRODUCED BY: WHO MOVED FOR ITS ADOPTION SECONDED BY: WHEREAS, CVE North America, Inc. (CVE) submitted a zoning change application to the Queensbury Town Clerk's Office on or about September 30, 2021 to allow for a change of zoning district designation for a parcel identified as Tax Map No.: 303.15-1-25.2 from Commercial Intensive (CI)to Commercial Light Industrial(CLI), and WHEREAS, by the same application, CVE also requested Queensbury Town Board approval of an open development area for a parcel identified as Tax Map No.: 303.11-1-4.1 as contemplated under New York State Town Law §290-a(4), and WHEREAS, the Town Board wishes adopt Local Law No.: of 2022 to change the zoning district designation for a parcel identified as Tax Map No.: 303.15-1-25.2 from Commercial Intensive (CI) to Commercial Light Industrial (CLI) 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, by Resolution No.: 389, 2021, referred the application to the Queensbury Planning Board for review of the proposed zoning change in accordance with §179-15-040 of the Town Zoning Ordinance, and WHEREAS, at their meeting of May 17'h, 2022, the Planning Board issued a favorable recommendation on the proposed zoning change, and WHEREAS, Municipal Home Rule Law §20 requires the Town Board to hold a public hearing prior to the adoption of any Local Law, NOW, THEREFORE, BE IT RESOLVED, that the Town Board shall meet and hold a Public Hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday, June 271h 2022 to hear all interested persons concerning the proposed revisions to the Town's Zoning Code and enactment of"Local Law No.: of 2022 A Local Law to Amend Chapter 179 `Zoning' of Queensbury Town Code to Amend Zoning Map For Tax Map Parcel No.: 303.15-1-25.2 and Designate Tax Map Parcel No.: 303.11-1-4.1 as an Open Development Area,"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 web site and bulletin board at least 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 copies of the Notice of Public Hearing, together with copies of the proposed zoning revisions, if required, to any public officials, agencies or municipalities, in accordance with any applicable State Laws or Town Code provisions, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to make a copy of the proposed zoning revisions (including a proposed revision to the Town's Zoning Map associated with the Zoning Code) available for public inspection during regular business hours of the Clerk's office, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Town Clerk, Director of Planning, Zoning and Code Enforcement, Senior Planner and/or Town Counsel to take such other actions and give such other notice as may be necessary in preparation for the Town Board to lawfully adopt proposed Local Law No.: of 2022. Duly adopted this 13Ih day of June, 2022, by the following vote: AYES NOES ABSENT: 4j LOCAL LAWS\Chapter179—Zoning—Amend Zoning Code Map CVENA—Commercial Intensive to Light Industrial—6-27-2022 LOCAL LAW NO.: OF 2022 A LOCAL LAW TO AMEND CHAPTER 179 "ZONING" OF QUEENSBURY TOWN CODE TO AMEND ZONING MAP FOR TAX MAP PARCEL NO.: 303.15-1-25.2 AND DESIGNATE TAX MAP PARCEL NO.: 303.11-1-4.1 AS AN OPEN DEVELOPMENT AREA BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QOEENSBURYAS 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 of the parcel identified as Tax Map No.: 303.15-1-25.2, located on the north end of Quaker Ridge Boulevard from Commercial Intensive to Commercial Light Industrial. 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 parcel identified as Tax Map No.: 303.11-1-4.1 is designated as an Open Development Area pursuant to NYS Town Law§280-a. 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 Municipal Home Rule Law§27. Note: Language in bold italics is new language to be added; Language with line drawn tIffough is old language to be deleted. 1 ..j!I L!.Ii.1,11 I Town of Queensbury I.I I l,i jl Community Development Office 742 Bay Road, Queensbury,NY 12804 it t'�I�I III' : ' •i '�I{,i" ;Rig1111II;I�I w Town of Queensbury Planning Board i'RESOLUTIONi:Planning Board Recommendation to the Town Board for Zoning Change ' ; Change Zoning from Commercial Intensive to Commercial Light Industrial SITE PLAN 66-2021, FRESHWATER WETANDS 3-2021, & SPECIAL USE PERMIT 4-2021 CVE NORTH AMERICA, INC. Tax.Map ID: 303 11-1-4.1, 303.15-1-25.2, 303.11-1-5 /Address: 53 Quaker Ridge Blvd/East County Line Road/Zoning: CLI, CI JI I al ll 11,i1 I 1 i ril12 l It,'I t�pli ` ill II W REAS', the applicant.=proposes a solar farm on site 303.11-1-4.1, with access by right of way through ar`, 303 15-1-25.2. The project will include over 13,000 panels on a 30 plus acre portion of the site. The p I I;; ect fork includes panel placement, drive areas, equipment boxes and stormwater management. The project j Z a;petitian of zone change for parcel 303.15-1-25.2 from CI to CLI. Project subject to site plan, special zi IiN'1 �.�{I1J ! r �r..r,: e�per��riitc.'and' freshwater: wetlands permit. Pursuant to Chapter 179-15-050, Town Board referred to the it �'la oar to,to,review' for SEAR and recommendation. Site plan, special use permit, and freshwater ire'iew after the Town Board completes Petition of Zone change. 1I ! Ek2EAS the Town of Queensbury Town Board is proposing a zoning change from Commercial Intensive to ,' .l- I'Co i mercial Light Industrial. The Town Board referred this proposed change to the Planning Board for an IIII''lil i, +III :+� ' + I !�ladvl ory recomrriendation pursuant to Section 179-15-020,resolution 389,2021/d'ated December b, 2021; L6 II IIIj�,l�1 Iji�hl�1,1. ,( .. r !;H ii1V10 flONTOR.RECONdVIENDATION TO THE TOWN BOARD AS FAVORABLE FOR ZONING "CHANGE FROM COMMERCIAL INTENSIVE TO COMMERCIAL LIGHT INDUSTRIAL; to II+'I ii j�I r"i l .Il �It��ll ili; �,lanning Board based!*on Jimited review has not identified any significant adverse impacts that cannot be I II I I I tWt dW th this vroposal. �Ll��I�,;Itllil !!II,i11 ; oduced by Michael Dixon who moved for its adoption. ! ' i, t ,ill ','i It1P I i Iia': i..�.econded by,Warren Longacker. Duly adopted this 17t�` r. :., day of May 2022 by the following vote: 7,S Mr Dixon,Mr.Longacker,Mr. Molloy,Mr. Magowan,Mr. LaSarso,Mr. Deeb,Mr. Traver .II I� (!Ifl�il Elul rC+ i � I Al IIIII i r,i I IIII , �tL+l�tLl ; I i, Ilii ili'I!II f.l .,. J.I' I i I:�,{I ij� I I'''�I,I' I t. f 1 1� 1 ,.I;,:� "=.I•I ;;� aI �Ii ,;Phone: 518.7b1.8220('Fax: 518.745.4437 1742 Bay Road,Queensbury,NY 128041 www.queensbuzy.net !'!Ii'it t 06107/2022110�43AM�the Laws database is current through 2022 I�flgi t i it il li r! `#I ICha ,tern 11�214. 3' IitI it („=,`�Ii ll, �V',+2!80 al_ Permits' for.buildings not on improved mapped streets. 1. No T1 llfcir the;erection of `any building shall be issued unless a street `{E i i , ( Ai(' tt a�rh-.ghwayl giving access: to such proposed structure has been duly placed li !!, �on ,(,thle 'official' map ,or;plan, or if there be no official map or plan, !s` ,xl(;unesslisuch i,street or highway is (a) an existing state, county or town z 1 t it i,t , 1 l =h�ghway, :. or ;(b) ' 'a street shown upon a plat approved by the planning r(!;i',iboerd�'as•.povidedi in sections two hundred seventy-six and two hundred , ��I fjj,t3 ai Iti , !t,�# !seeventy seven; of this ; article, as in effect at the time such plat was approved !_or (c) a street on a plat duly filed and recorded in the j office,) of! the county clerk or register prior to the appointment of such I pl nhiTtg•board and the grant to such board of the power to approve (I ! Ipl�ts'il ' •A k lllalIE°tE(:?T,�,fl Before such permit shall be issued such street or highway shall ;. i I 'K,6'6ilb�`een.l;:suitably improved to-the satisfaction of the town board or II fanning aboard, if empowered by the town board in accordance with I(,s�tl�ndar*ds!and specifications approved by the town board, as adequate in re pet j toi the public health, safety and general welfare for the special smstan'ces:of heparticular( � t street or highway. lternaCve�y, and in the discretion of such board, a performance bond 11:• i i,l is suf .client' to cover the full cost of such improvement as estimated by li•�su`�h('boardI ,.shall' be furnished to the town by the owner. Such l: .•;I;, ;EI: y,lilllli .., .: or an bond shall be issued by a bonding or surety company approved the:`town board or by the owner with security acceptable to the town board, and shall also be approved by such town board as to form, ; (,`sufficiency and manner of execution. The term, manner of modification 'm6th6d'.6f!enforcement of such bond shall be determined by the :I•" '?'F li('appropriate;: !board in "substantial conformity with section two hundred fl�lsev nth, seven.of this article. 'I �i(5'll il��tThe:lapplieant for such a permit may appeal from the decision of the ainistrative officer having charge of the issue of permits to the s',' � j rd(�Iof appeals or -other :similar board, in any town which has l!;`esea�' 'khedla}board having the`power to make variances or exceptions in ; ... ;I:,!-regulations fore• ,'(a) ; an exception if the circumstances of the I ,. 11¢a a#(dol;natlrequire the:structure to be related to existing or proposed ills(,,t Q 9'J1I'i'iI� 11'lllii I I ! , Ersreefis!orI' highways*, and/or (b) an area variance pursuant to section two �I(!l �I;Iilulili�l ' ; hur�d edjk sixlj seven-b :of,! this chapter, and the same provisions are , 11 �+ li Me�e, vwapplied to such appeals and to such board as are provided in I r ji`I, it i{ ,Ic esl io f, -.,i appeals on zoning regulations. The board may in passing on I =�zi ++ I Ills l'„ �su�chi�llappeal.,make any' reasonable exception and issue the permit subject Ilt'3s,,t 1 , to'conditions'that will protect any future street or highway layout. Any I. '�„ Ili, dill , such,! be:subject to review by certiorari order issued out 11pecial ,terW oIf the;supreme court in the same manner and pursuant , i. I' �lihltoj �ltlh1el ,�same provisions as in appeals from the decisions of such board I{ ,Eip n ,ioning,regulations.. I'A,The)!town;board may; ;by resolution, establish an open development ar,',al,�f orp{(areas r within:),the town, wherein permits may be issued for the Il,.�ul� itl � lr �; I �, U e;r ction,ilof structures to which access is given by right of way or !; �'; .I -m 111 �• , ,• ea, ement ,uponisuch conditionsiand subject to such limitations as may be t.-Owl Itltuu l:: rJ p�rescr,1 bed, •:byl.:general•1.or special rule of the planning board, if one 11,, ex ,sts,';orl,oflthe' town board if a planning board does not exist. If a tit:pl nning;! ,boardiexists in suchitown, the town board, before establishing 1 a fI; ,f,Ilik I ill I (`ia�n•I�Isl�lfh�l��per�,jdevelopment, areaiar areas, shall refer the matter to such p1 r�ning.,, board for its i'advice and shall allow such planning board a �,, ,Ill IF I !l '� (!'re sonable�.time.�to report. ! I (1'4 tfit J l) li "access"For.ilthe purposes of� this section the word access shall mean that ot'l onJ ?which such l structure is proposed to be erected directly (,i !1 all; 1 li , I , l� 1 'I 'abs�l an( such street or:highway and has sufficient frontage thereon to © rthe,' ngress' and egress of fire trucks, ambulances, police cars and 11. j, lI 3ihll!��. r i illll'j,l�.f I i `I�ltt�l(}��(�;�'�(1��1� :�(Ill�ll I :';'' Il,• � ;l.'' iit . other emergency vehicles, and, a frontage of fifteen feet shall I'` 1, �I�I, ? � L,•; iil.;Ij�i I I.?+;� .;I !.• resum tivel be sufficient for that purpose. 1.1 �i'li rid ��' II' tiIH11' •` I I' Li,I IIII'{k( 7�£7 t�t:,;�t$Ij1,: .: It it iE3I,EI f I 11 I;•, it ll. • II;� f 11l,iljl�l , ll!,1 it, i�l ` i{I+j�,i •I 1 ' f '', }$ialitit : !�IIitE tll A EI;Ij it f " I;IIJ ,III ,. ,Iiz • '•ti I ii'li i�l1 I�I j( i4i , ' 1 II111 j(I�� `II I£�'iiP�l • � ,;�I l � ( Its�IjU1 lit , I, g ll islg@ s 4 Il 1�I I IIt!ll it iA41�s�{i�.l�j! }. j !, p I','!� j.ijl, ��jj�rin I{l•I,.� ,,lli.�•, • ;'1 i;jEl"'� I�j��::tll�jlr�frii� .. i+ik}4 i '-1it £ •, III !'t �t � i , .11• I i�111 ��1}ii6 ! 1. {j ils lya 'tili lit i" I t sti t 3{4 I }r it £ E l; i t " I Il 1 l ,1Et 5 i tj r III x. I =at 1r ' 1,ll,lt llj}Isl !I{� } �t.•jl�ll'