196.2020 Adopting SEQRA Neg Dec and Enacting LL 6 of 2020 - Amend Chapter 179 Zoning - Aviation Mall
RESOLUTION ADOPTING SEQRA NEGATIVE DECLARATION
AND ENACTING LOCAL LAW NO.: 6 OF 2020 TO AMEND
CHAPTER 179 “ZONING” OF QUEENSBURY TOWN CODE
TO REVISE §179-3-040 “ESTABLISHMENT OF ZONING DISTRICTS” AND
§179-4-090 “PARKING & LOADING REGULATIONS”
RESOLUTION NO.: 196, 2020
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS, Aviation Mall Newco, LLC, (Applicant) submitted a petition to allow for the
addition of multi-family residential uses as allowed by Site Plan Review and to amend parking and
subdivision requirements in the Enclosed Shopping Center (ESC) zoning district, and
WHEREAS, applications for zoning code changes are forwarded to the Town Planning
Department and Planning Board for recommendations in accordance with §179-15-040 of the Town
Zoning Law and following such recommendations, the Town Board reviews the applications and takes
such other action as it shall deem necessary and proper, and
WHEREAS, by Resolution No.: 116,2020, the Town Board accordingly authorized the Town
Clerk to forward the Applicant’s Petition for Change of Zone Application to the Town Planning Board
for report and recommendation and to Warren County Planning Department for GML 239-m review,
and
WHEREAS, the Town Planning Board reviewed such Application and submitted comments to
staff that were summarized and forwarded to the Town Board by staff on April 15, 2020, and
WHEREAS, the Warren County Planning Department responded on March 17, 2020 with a
determination of No County Impact, and
WHEREAS, the Town Board wishes to consider adoption Local Law No.: ___ of 2020
to amend Chapter 179 “Zoning” of Queensbury Town Code to Revise §179-3-040 “Establishment of
Zoning Districts” and §179-4-090 “Parking & Loading Regulations” substantially in the form
presented at this meeting, hereinafter referred to as the “legislation,” and
WHEREAS, Municipal Home Rule Law §20 requires the Town Board to hold a Public
Hearing prior to the adoption of any Local Law and the Town Board duly conducted a public
hearing, heard all interested parties and closed the public hearing concerning the legislation on Monday,
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June 1, 2020, and
WHEREAS, as SEQRA Lead Agency, the Town Board has reviewed a Full Environmental
Assessment Form to analyze potential environmental impacts of the legislation, and
WHEREAS, the Town Board has considered the conditions and circumstances of the
legislation,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby determines that the proposed
legislation will not have any significant adverse environmental impact and a SEQRA Negative
Declaration is made, and authorizes and directs the Town Clerk and/or Senior Planner to file and
publish a SEQRA Negative Declaration - Notice of Determination of Non-Significance with respect to
the legislation, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby adopts Local Law No.: __ of 2020, A Local Law
to Amend Chapter 179 “Zoning” of Queensbury Town Code to Revise §179-3-040
“Establishment of Zoning Districts” and §179-4-090 “Parking & Loading Regulations,”
substantially in the form presented at this meeting, and
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BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to send a
copy of this Resolution and a copy of the Local Law 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 file the
Local Law with the New York State Secretary of State in accordance with the provisions of the
Municipal Home Rule Law and acknowledges that the Local Law will take effect immediately upon
filing with the Secretary of State.
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Duly adopted this 1 day of June, 2020, by the following vote:
AYES : Mr. Freer, Mr. Ferone, Mr. Strough, Mr. Metivier
NOES : None
ABSENT: None
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