4.16 4.16
LOCAL LAWS\SET PUBLIC HEARING\Chapter 179—Par 27 LLC—Change of Zone—Golf Course as Use in RR-3A Zoning District—9-12-2022
RESOLUTION SETTING PUBLIC HEARING ON PROPOSED
LOCALLAW NO. OF 2022 TO AMEND CHAPTER 179 "ZONING"
OF QUEENSBURY TOWN CODE TO ADD GOLF COURSE AS A
PERMITTED USE IN THE RR-3A ZONING DISTRICT AND TO AMEND
ZONING MAP FOR TAX MAP PARCEL NO.: 290.5-1-50.1 & 290.6-1-11
OWNED BY PAR 27, LLC
RESOLUTION NO.: ,2022
INTRODUCED BY:
WHO MOVED FOR ITS ADOPTION
SECONDED BY:
WHEREAS, Par 27, LLC (Par 27) submitted a Petition for Change of Zone application to
the Queensbury Town Clerk's Office on or about May 11, 2021 to allow for a change of zoning
district designation for parcels identified as Tax Map Nos: 290.5-1-50.1 and 290.6-1-11 from
Moderate Density Residential(MDR)to Rural Residential 3 Acre(RR-3A), and
WHERES, by the same application Par 27 has also requested the addition of golf course as a
permitted use in the Rural Residential 3 Acre(RR-3A)zoning district, and
WHEREAS, the Town Board wishes to consider adoption of Local Law No.: of 2022
to (1) change the zoning district designation for parcels identified as 290.5-1-50.1 and 290.6-1-11
from Moderate Density Residential (MDR) to Rural Residential 3 Acre (RR-3A) 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 (2) Amend Town
Code Chapter 179, Table 2: Summary of Allowed Uses in Residential Districts to allow golf
course and/or country clubs as permitted in the Rural Residential zoning districts by Site Plan
Review approval, and
WHEREAS, the Town Board, by Resolution No.: 210, 2022, referred the application to
the Queensbury Planning Board for SEQRA review and recommendation of the proposed zoning
changes in accordance with §179-15-040 of the Town Zoning Ordinance, and
WHEREAS, at their meeting of August 25, 2022, the Planning Board accepted SEQRA
Lead Agency status and issued a Negative Declaration, and
WHEREAS, at the same meeting, the Planning Board also issued a favorable
recommendation on the proposed zoning change, and
WHEREAS, the Town Board, by Resolution No.: 210, 2022, also referred the application
to the Warren County Planning Department for NYS GML §239-m review, and
WHEREAS, on May 31, 2022 the Town received a recommendation from the Warren
County Planning Department to approve the proposed zoning changes, and
WHEREAS, the Town must obtain approval of the Adirondack Park Agency for the
proposed Zoning Code amendments prior to adoption, and
WHEREAS, the Town of Queensbury proposed amendments comply with and are in
furtherance of approval standards contained in §807 of the Adirondack Park Agency Act and 9
NYCRR Part 582 of Agency regulations, 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, September
26'', 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,"and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Senior Planner to
forward copies of the proposed Zoning Code amendments to the Adirondack Park Agency for its
review and approval in accordance with Article 27 of the Executive Law, §807, 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 12Ih day of September, 2022, by the following vote:
AYES
NOES
ABSENT:
LOCAL LAWS\Chapter 179—Zoning—Amend Zoning Code Map—Par 27—Golf Course as Use in RR-3A—9-26-2022
LOCAL LAW NO.: OF 2022
A LOCAL LAW TO AMEND CHAPTER 179 "ZONING" OF
QUEENSBURY TOWN CODE AND TO AMEND ZONING MAP
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF Q VEENSB 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 two
(2)parcels located on the south side of Sunnyside Road from Moderate Density Residential (MDR)
to Rural Residential 3 Acre (RR-3), such properties bearing the following Tax Map Parcel
Numbers:
0 290.5-1-50.1
0 290.6-1-11
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. Queensbury Town Code Chapter 179, Table 2: Summary of Allowed Uses
in Residential Districts is hereby amended as follows:
Land Moderate Density Neighborhood Parkland Waterfront
Rural Residential
Conservation Residential Residential Residential Residential
Residential Use LC-10 MDR NR PR-10 RR-3A WR
Table LC-42 PR-42 RR-5A
Golf course and/or SPR SUP
country club
SECTION 4. The invalidity of any clause, sentence, paragraph or provision of this Local
Law shall not invalidate any other clause,sentence,paragraph or part thereof.
Note: Language in bold italics is new language to be added;
Language with line drawn through is old language to be deleted.
J
SECTION 5. 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 6. 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 • ith line .a,.aw through is old language to be deleted.
2
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Reviewed by Department on Friday,May 27,2022
Warren County Planning Department Jun2022.4
Project Review and Referral Form
Project Name: Town of Queensbury-210
Owner: Town of Queensbury
ID Number: QBY-22-LL
County Project#: Jun2022-4
Current Zoning:
Community: Queensbury
Project Description:
Applicant proposes resolution authorizing town clerk to submit Par 27 LLC's petition for change of zone.
Site Location:
Tax Map Numbers:
County Planning Recommendation:
Approve
Informal Staff Comments:
Local actions to date(if any):
Local Action/Final Disposition:
("J. 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
Town of Queensbury
Community Development Office
742 Bay Road, Queensbury, NY 12804
Town of Queensbury Planning Board
SEQR RESOLUTION—Reaffirm Previous SEQR
SITE PLAN 34-2022 AND PETITION OF ZONE CHANGE 1-2022 FOR PAR 27,LLC
Tax Map ID: 290.5-1-50.1, 290.6-1-11 /Property Address: 170 & 0 Sunnyside Road/Zoning: MDR
WHEREAS, the applicant proposes a change of zone for a 10.56 acre parcel at 170 Sunnyside Road and a 2.44
acre parcel at 0 Sunnyside Road(Vacant) from MDR to RR3A and to add Golf course to the list of allowed uses
in the Rural Residential zone with site plan review. The project includes construction of an addition of 1,613 sq.
ft. to the existing 2,300 sq. ft. building. Pursuant to chapter 179-3-040, 179-15-040, site plan review, petition of
zone change, Town Board referral'. SEQR for petition of zone change and building expansion, and Planning
Board recommendation to Town Board. Site plan shall be subject to Planning Board review and approval.
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 Type I 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;
Whereas, the Planning Board adopted a SEQR Resolution on 6/23/2022 adopting SEQRA determination of
non-significance, and
Upon review of the information recorded on the EAF, it is the conclusion of the Town of Queensbury Planning
Board as lead agency reaffirms 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 REAFFIRM NEGATIVE DECLARATION FOR THE PROPOSED SITE PLAN 34-2022
& PZ 1-2022 PAR 27, LLC, Introduced by Michael Dixon who moved for its adoption, seconded by Warren
Longacker;
Duly adopted this 25 1h day of August 2022 by the following vote:
AYES: Mr. Dixon, Mr.Longacker,Mr. Stark, Mr. Magowan,Mr. Etu, Mr. Deeb, Mr.Traver
NOES: NONE
Phone: 518.761.8220 I Fax: 518.745.4437 1742 Bay Road,Queensbury,NY 128041 www.qtieensbury.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
Change from MDR to RR3A and include Golf Course to RR
SITE PLAN 34-2022 AND PETITION OF ZONE CHANGE 1-2022 FOR PAR 27, LLC.
Tax Map ID: 290.5-1-50.1, 290.6-1-11 /Address: 170 & 0 Sunnyside Road/Zoning: MDR
WHEREAS, the applicant proposes a change of zone for a 10.56 acre parcel at 170 Sunnyside Road and a 2.44
acre parcel at 0 Sunnyside Road(Vacant) from MDR to RR3A and to add Golf course to the list of allowed uses
in the Rural Residential zone with site plan review. The project includes construction of an addition of 1,613 sq.
ft. to the existing 2,300 sq. ft. building. Pursuant to chapter 179-3-040, 179-15-040, site plan review,petition of
zone change, Town Board referral, SEQR for petition of zone change and building expansion, and Planning
Board recommendation to Town Board. Site plan shall be subject to Planning Board review and approval.
WHEREAS, the Town of Queensbury Town Board is proposing a zoning change to RR3A and to add Golf
course to the list of allowed uses in the Rural Residential-zone with site plan review. The Town Board referred
this proposed change to the Planning Board for an advisory recommendation pursuant to Section 179-15-020,
resolution number 210, 2022 dated on 5/16/2022;
MOTION FOR RECOMMENDATION TO THE TOWN BOARD AS FAVORABLE FOR ZONING
CHANGE FROM MDR TO RR3A ADD GOLF COURSES TO USE IN RR ZONE;
The Planning Board based on limited review has not identified any significant adverse impacts that cannot be
mitigated with this proposal.
Introduced by Michael Dixon who moved for its adoption.
Motion seconded by Brad Magowan. Duly adopted this 25h day of August 2022 by the following vote:
AYES: Mr. Longacker, Mr. Stark, Mr. Magowan, Mr. Etu,Mr. Deeb, Mr. Dixon, Mr. Traver
NOES: NONE
Phone: 518.761.8220 I Fax: 518.745A4371 742 Bay Road..Queensbury,NY 12804Jwww.qLteensbury.net
Town of Queensbury
Community Development Office
ga, _
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742 Bay Road, Queensbury, NY 12804
-
Town of Queensbury Planning Board
RESOLUTION—ACKNOWLEDGE LEAD AGENCY STATUS IN CONNECTION WITH
SITE PLAN 34-2022 AND PETITION OF ZONE CHANGE 1-2022 FOR PAR 27,LLC.
Tax Map ID: 290.5-1-50.1, 290.6-1-11 /Property Address: 170 &0 Sunnyside Road/Zoning: MDR
WHEREAS, the applicant proposes a change of zone for a 10.56 acre parcel at 170 Sunnyside Road and a 2.44
acre parcel at 0 Sunnyside Road(Vacant) from MDR to RR3A and to add Golf course to the list of allowed uses
in the Rural Residential zone with site plan review. The project includes construction of an addition of 1,613 sq.
ft. to the existing 2,300 sq. ft. building. Pursuant to chapter 179-3-040, 179-15-040, site plan review, petition of
zone change, Town Board referral, SEAR for petition of zone change and building expansion, and Planning
Board recommendation to Town Board. Site plan shall be subject to Planning Board review and approval.
WHEREAS, the Planning Board of the Town of Queensbury has determined to begin an environmental review
process under the State Environmental Quality Review Act(SEQRA).
WHEREAS, in connection with the project, the Town of Queensbury Planning Board, by resolution, previously
authorized the Community Development Office to notify other involved agencies of the desire of the Town
Board to conduct a coordinated SEQR review;
WHEREAS, the Zoning Administrator has advised that other involved agencies have been notified and have
consented to the Town of Queensbury Planning Board being lead agency;
NOW, THEREFORE BE IT RESOLVED:
MOTION TO ACKNOWLEDGE LEAD AGENCY STATUS IN CONNECTION WITH SITE PLAN 34-
2022 & PZ 1-2022 PAR 27, LLC, Introduced by Michael Dixon who moved for its adoption, seconded by
Brad Magowan:
As per the draft resolution prepared by staff.
Duly adopted this 25 1h day of August 2022 by the following vote:
AYES: Mr. Deeb, Mr. Dixon, Mr. Longacker, Mr. Stark, Mr. Magowan,Mr. Eta, Mr. Traver
NOES: NONE
Phone: 518.761.8220IFax: 518.745.4437 1 742 Bay Road,Queensbury,NY 12804 1 www.queensbury.net