LOCAL LAW NO.: OF 2016

LOCAL LAWS & ORDINANCES\Chapter 179 Zoning Commercial Intensive Exit 18 Zoning District 4-18-16 LOCAL LAW NO.: OF 2016 A LOCAL LAW TO AMEND CHAPTER 179 ZONING OF QUEENSBURY TOWN CODE TO ESTABLISH COMMERCIAL INTENSIVE EXIT 18 (CI- 18) ZONING DISTRICT, RE-ZONE CERTAIN AREAS AND REVISE THE TOWN S ZONING MAP ACCORDINGLY BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: Section 1. Intent; Authority The Town Board seeks to facilitate appropriate commercial development and redevelopment in the area in the immediate vicinity of Exit 18 of the Adirondack Northway. The Town Board wishes to amend language and requirements to establish the Commercial Intensive Exit 18 (CI-18) zoning. This Local Law is adopted pursuant to New York Municipal Home Rule Law. Section 2. Amendment of Zoning Law Chapter 179 of the Queensbury Town Code, entitled Zoning and known as the Town of Queensbury Zoning Law is hereby amended as follows: A. Section 179-2-010, entitled Definitions and word usage is amended to add a new definition in subsection (C) as follows: C. DEVELOPER S AGREEMENT - Any written agreement entered into between the Town of Queensbury and any developer(s) pursuant to this Code which sets forth the rights and obligations of each party regarding development of any real property which is subject to regulation and one or more approvals issued by the Town of Queensbury. The purpose of such Developer s Agreement shall be to establish, in writing and for the benefit of all parties, the specific parameters, conditions and requirements of any approval(s) granted by the Town and upon which the developer(s)/applicant(s) may rely in proceeding to arrange the financing and 1

construction of the approved project, including any public improvements and/or land dedications required in connection therewith. B. Section 179-7-030, entitled Specific Design Standards, subsection (A) Commercial, is amended to add a new subsection (2)(e) as follows: A. Commercial. (2) The following list includes all commercial districts within the Town of Queensbury. See the Zoning Map for district boundaries. (a) Commercial Intensive. (b) Commercial Moderate. (c) Office. (d) Neighborhood Commercial. (e) Commercial Intensive Exit 18 (CI-18). C. (1) Section 179-3-040, entitled Establishment of zoning districts is amended to add a new subsection (B)(8) as follows and the official Town Zoning Map is modified accordingly: (B) Commercial Districts. (8) Commercial Intensive Exit 18 (CI-18) The CI-18 District comprise that area of Queensbury that already has intense commercial development proximate to the Exit 18 Interchange with US Interstate 87 (Adirondack Northway). The purpose of this district is to provide for flexible development opportunities on key sites, creating economic development while encouraging the overall improvement and appearance of these areas, including attractive building designs and enhanced pedestrian access. (a) Uses allowed. A complete list of uses allowed in the CI -18 District is set forth on Table 3 of this chapter. Uses not listed in Table 3 are not allowed. 2

(b) All uses in this district must comply with the requirements of Table 1 of this chapter and as follows (Note that all are minimum requirements except building height which is the maximum restriction): [1] Minimum lot size: one acre. [2] Minimum front yard setback: 50 feet as measured from the road centerline. See related building height below. See also subsection (9) below relating to front setbacks and building height limits. [3] Side yard setback: 20 feet minimum, with a minimum total of 50 feet both sides. However, parcels adjacent to residential uses shall require a minimum 50 side setback which shall include at least a 25 vegetated buffer. [4] Rear yard setback: 25 feet. However, parcels adjacent to residential uses shall require a minimum 50 rear yard setback which shall include at least a 25 vegetated buffer. [5] Shoreline/stream/wetland: 75 feet. [6] Lot width: 150 feet. [7] Lot depth: 200 feet. [8] Road frontage: 50 feet. [9] Building height: Building heights shall be a maximum of 40 feet with the build-to setback of 50 to 75 feet as measured from the road centerline. Building heights may increase to a maximum of 55 feet with a build to setback of 75 to 100 feet as measured from the road centerline and a maximum of 70 feet with a build to setback of 100 feet or greater as measured from the road centerline. [10] Percent permeable: 30%. [11] Percent landscaped: 30%. (2) The official Town Zoning Map is hereby amended to reflect a change of zone for 27 parcels of property near the intersection of Interstate 87 and Corinth Road / Main Street (Exit 18 of the Adirondack 3

Northway) from their current zoning designation to Commercial Intensive Exit 18 (CI-18), such properties bearing Tax Map Parcel numbers as follows: 309.14-1-89.2 309.14-1-86.2 309.14-1-86.12 309.14-1-94 309.14-1-86.11 309.14-1-78 309.14-1-79 309.14-1-80 309.14-1-81 309.14-1-82 309.14-1-89.1 309.14-1-90.1 309.14-1-91 309.13-1-73 309.13-1-74 309.13-2-1 309.13-2-2 309.13-2-3 309.13-2-4 309.13-2-5 309.13-2-6 309.13-2-7 309.13-2-8 309.13-2-9 309.14-1-4 309.14-1-5 309.14-1-6 D. Section 179-7-050, entitled Commercial Intensive (CI) and Commercial Moderate (CM) Zones, is hereby amended to read as follows: 179-7-050 Commercial Intensive (CI), Commercial Intensive Exit 18 (CI-18) and Commercial Moderate (CM Zones). E. Section 179-7-050, entitled Commercial Intensive (CI), Commercial Intensive Exit 18 (CI-18) and Commercial Moderate (CM) Zones, subsection (A) Design Districts, is amended to add a new subsection (5) as follows: 4

A. Design Districts. (5) Commercial Intensive Exit 18 District. Properties proximate to the US Interstate 87 (Adirondack Northway) Exit 18 Interchange. This area includes several key vacant and redevelopment sites that have excellent access to Corinth Road and the Adirondack Northway. Future development of this district is intended to maximize economic development opportunities. Multiuse, large- and small-scale office, and hotels, with supporting retail developments are preferred. To help offset any potential traffic issues new entrances shall align with existing intersections. For buildings situated along roadways, parking along the side of the building and/or internal to the site is preferred as well. Strong pedestrian access shall be incorporated into all site design and provide connectivity the Main Street District. Section 8. Section 179-7-050, entitled Commercial Intensive (CI), Commercial Intensive Exit 18 (CI-18) and Commercial Moderate (CM) Zones, subsection (C) Architectural Elements, is amended to add a new subsection (3) as follows: C. Architectural Elements. (3) Commercial Intensive Exit 18. (a) As illustrated by Figure 1, multiple principal buildings and/or infill development is encouraged on individual sites. Editor s Note: Figure 1 is located at the end of this chapter (b) (c) Traditional and/or varied rooflines should be used to add interest to and reduce the massive scale of large buildings. This may include flat roofs, steeply pitched, gabled, and/or dormered roofs with appropriately scaled overhangs and/or cornice details. Design features shall be used to conceal rooftop equipment from public view at the street level (note this does not include views from Interstate 87). (d) Buildings shall incorporate design elements such as wall offsets, material, and 5

colors to reduce their perceived mass and maintain a pedestrian scale. Buildings shall incorporate appropriately scaled features that express architectural or structural elements (cornices, lintels, columns, frieze, etc.). These features may be incorporated into doorways, windows, and along rooflines. Large blank walls along primary and secondary streets, pedestrian spaces, or internal parking areas are prohibited. Figure 1 provides several preferred design examples. Editor s Note: Figure 1 is located at the end of this chapter (e) (f) Facades should incorporate a regular pattern of windows on the ground and upper floors. Street level windows should allow views into the ground story. For retail uses along roadways a majority of the ground floor (as measured by a percentage of the overall wall area) shall be transparent. Each principal building on a site shall have clearly defined, highly visible entrance(s). In order to fulfill this requirement entrances may include the following design features: [1] Canopies or porticos. [2] Overhangs. [3] Recesses/Projections. [4] Arcades. [5] Raised corniced parapets over the door. [6] Peaked roof forms. [7] Arches. [8] Outdoor patios. [9] Display windows. [10] Architectural details such as tile work and moldings which are integrated into the building structure and design. 6

[11] Integral planters or wing walls that incorporate landscaped areas and/or places for sitting. (g) (h) (i) (j) (k) Buildings should have multiple entrances that are thoughtfully spaced and pedestrian-oriented. All sides of a principal building that directly face an abutting public or private right-of-way shall feature at least one customer entrance. Where a principal building directly faces more than two abutting public or private rights-of-way, this requirement shall apply only to two sides of the building, including the side of the building facing the primary street, and another side of the building facing a secondary street. The Location of building entrances should reduce walking distances from cars, facilitate pedestrian and bicycle access from public sidewalks, and provide convenience where certain entrances offer access to individual stores, or identified departments in a store. Multiple entrances also mitigate the effect of the unbroken walls and neglected areas that often characterize building facades that face bordering land uses. The number of entrances for the principal building shall be addressed at site plan review. Where additional stores will be located in the principal building, each such store shall have at least one exterior customer entrance, which shall be in accordance with sub-sections f through h above.. The use of high-quality, traditional building materials (or faux composites) is encouraged (masonry, wood, metals, etc.). Predominant exterior building materials as well as accents shall not include the following: [1] Smooth-faced concrete block. [2] Concrete panels. [3] Prefabricated steel panels. The Planning Board may consider the use of these materials in areas that will 7

not be viewed by the public (e.g., service and delivery entrances, etc.). (l) Loading docks, truck parking, outdoor storage, utility meters, HVAC equipment, trash dumpsters, trash compaction, and other service functions shall be incorporated into the overall design of the building and the landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets, and no attention is attracted to the functions by the use of screening materials that are different from or inferior to the principal materials of the building and landscape. F. Section 179-10-070, entitled Specific Standards, is amended to add a new subsection (AB) as follows: AB. All uses in the CI-18 Zone/District. In addition to the application requirements for Special Use Permit as identified in 179-10-040 all applicants for new or modified uses in the CI-18 District shall provide the following: (1) A schematic plan depicting the floor area of all proposed uses. The plan shall include a description of the planned uses utilizing the Institute of Transportation Engineers (ITE) Land Use Codes as contained in the latest edition of the ITE Trip Generation Manual (or a similar successor publication). (2) An estimate of the trip generating characteristics of the planned uses utilizing the note ITE reference. Should a project not fall within an ITE Land Use Code, documented trip generating characteristics of sufficient sample size may be substituted subject to the approval of the Town Engineer. (3) A traffic impact analysis (or traffic study) shall be prepared consistent with generally accepted industry practices (including ITE and NYSDOT guidelines). The NYSDOT Highway Design Manual Chapter 5 shall serve as the standard. The Town and/or its designees may stipulate the form, scope and content of the analysis. 8

(4) Applicants are required to comply with the Exit 18 Rezone [Traffic] Study dated February 2016 as prepared by CHA in preparing the project traffic study, as noted below in sections (a), (b) and (c). Applicants are subject to the following conditions: (a) Access to Big Boom Road, Big Bay Road, Main Street, Corinth Road and impacts to roadways shall be provided consistent with the Exit 18 Rezone [Traffic] Study. (b) Site specific access and intersection improvements as described in the Exit 18 Rezone study shall be completed by individual applicants where the project is contributing traffic to an affected intersection. The Town s engineer shall advise the Planning Board, during its review process and before it issues any approvals, about which improvements the applicant should be required to construct. (c) Where the trip generating characteristics of a proposed project exceed those contemplated and examined in the Exit 18 Rezone [Traffic] Study, the project applicant may be required to reduce the size or scale of the project so as to reduce the trip generating characteristics of the project. (5) The Town may utilize a Developer s Agreement to memorialize the conditions of approval The purpose of such development agreement shall be to establish, in writing and for the benefit of both parties, the specific parameters, conditions and requirements of the approval which has been granted by the Planning Board and upon which the applicant may rely in proceeding to arrange the financing and construction of the planned development, including any public improvements and/or land dedications required in connection therewith. G. Article 12A entitled Planned Commercial/Industrial Development (PCID), 179-12A-010, entitled Intent and Objectives, subsection (A) Intent, is amended at subsection (3) as follows: (3) PCIDs are allowed only in the following zoning districts: Commercial Light Industrial, Heavy Industrial, Enclosed Shopping Center, Commercial Intensive and Commercial Intensive Exit 18. 9

H. Article 12A entitled Planned Commercial/Industrial Development (PCID), 179-12A-020, entitled General Requirements, subsection (B) is amended to read as follows: B. Minimum area. The minimum area for a PCID shall be 50 contiguous acres of land in all districts but for the Commercial Intensive Exit 18 District where the minimum lot area shall be 5 acres. The Town Board may consider projects of lesser acreage where the applicant can demonstrate that the characteristics of his holdings meet the purposes and objectives of this article. I. Article 12A entitled Planned Commercial/Industrial Development (PCID), 179-12A-030, entitled Considerations, is amended to read as follows: In determining whether a planned unit development (including a PCID) should be allowed, particularly with regard to the intensity of land use, the Town Board shall consider the following factors. J. Table 1, entitled Table of Area Requirements is amended as set forth in the attachment to this Local Law. K. Table 3, entitled Summary of Allowed Uses in Commercial Districts is amended as set forth in the attachment to this Local Law. Section 3. 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 4. Severability 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 5. Repealer All Local Laws or Ordinances or parts of Local Laws or Ordinances in conflict with any part of this Local Law are hereby repealed. In particular, this Local Law is specifically intended to supersede the amended provisions of the current Town of Queensbury Zoning Law. 10

Section 6. Effective Date This Local Law shall take effect upon filing by the office of the New York State Secretary of State or as otherwise provided by law. 11