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4.09 4.9 AMEND\Amend 413 of 2021-Amend Title of Local Law—1-10-2022 RESOLUTION AMENDING RESOLUTION NO.: 413, 2021 TO CORRECT LOCAL LAW TITLE RESOLUTION NO.: ,2019 INTRODUCED BY: WHO MOVED ITS ADOPTION SECONDED BY: WHEREAS, by Resolution No.: 413,2021 the Queensbury Town Board adopted Local Law No.: of 2021, "A Local Law to Amend Chapter 179 `Zoning' of Queensbury Town Code to Amend Permitted Uses in the Neighborhood Residential Zoning District, and WHEREAS, the title of the Local Law stated in a"RESOLVED" clause in Resolution No. 413,2021 contained a typographical error as the title was incorrect, and therefore the Town Board wishes to correct and clarify the record and amend Resolution No. 413,2021 accordingly, NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby amends Resolution No.: 413,2021 to correct and clarify that the Town Board adopted Local Law No.: _ of 2021, "A Local Law to Amend Chapter 179 `Zoning' of Queensbury Town Code to Amend Permitted Uses in the Neighborhood Residential Zoning District,"and BE IT FURTHER, RESOLVED, that the Town Board hereby affirms and ratifies Resolution No.: 413,2021 in all other respects. r RESOLUTION ENACTING LOCAL LAW NO.: 6 OF 2021 TO AMEND CHAPTER 179 "ZONING" OF QUEENSBURY TOWN CODE TO AMEND PERMITTED USES IN THE NEIGHBORHOOD RESIDENTIAL ZONING DISTRICT RESOLUTION NO.: 413,2021 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Masonic Historical Society (Applicant) submitted a petition to allow for the addition of Day-Care Center as an allowable use by Site Plan Review in the Neighborhood Residential 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.: 265,2021, the Town Board accordingly authorized the Town Clerk to forward the Applicant's Petition for Change of Zone Application to the Planning Board for review, report and recommendation and consent to the Town Board seeking SEQRA Lead Agency status, and WHEREAS, the Town Planning Board adopted a Resolution on September 21, 2021 consenting to the Town Board taking Lead Agency status for SEQRA review, and WHEREAS, at their September 21, 2021 meeting the Planning Board adopted a Resolution making a favorable recommendation on the petitioned zoning change with the recommendation that J day-care centers require a minimum two (2) acre lot size in the Neighborhood Residential zoning district, and WHEREAS, at their November 22, 2021 Workshop meeting, the Town Board discussed and agreed with the Planning Board recommendation, and WHEREAS, by Resolution No.: 391,2021 the Town Board accordingly authorized the Community Development Department to forward the Applicant's Petition for Change of Zone application to the Warren County Planning Department for GML 239-m review, and WHEREAS, the Warren County Planning Department responded on December 10, 2021 with a recommendation to approve 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 and the Town Board duly conducted a public hearing, heard all interested parties and closed the public hearing concerning the legislation on Monday, December 20"',2021, and WHEREAS, the Town Board, as Lead Agency for the environmental review required under the State Environmental Quality Review Act (SEQRA), has reviewed a Full Environmental Assessment Form to analyze potential environmental impacts of proposed Local Law No.: _of 2021 as well as potential impacts of certain related changes to the Town's Comprehensive Plan and finds that no significant adverse environmental impacts are expected to result, and WHEREAS, the Town Board has considered the conditions and circumstances of the area affected by the proposed Local Law and wishes to consider adoption of Local Law No.: _ of 2021 as presented at this meeting, hereinafter referred to as the"legislation," NOW,THEREFORE, BE IT 2 RESOLVED, that the Queensbury Town Board hereby finds that the proposed changes to the Town Zoning Code will not result in any large or important detrimental impacts and will not have a significant adverse impact on the environment, and therefore declares a Negative Declaration under SEQRA and authorizes the filing of the attached SEQRA Negative Declaration-Notice of Determination of Non-Significance for this action, and BE IT FURTHER RESOLVED, that the Town Board 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 2021, "A Local Law to Amend Chapter 179 `Zoning' of Queensbury Town Code to Amend Permitted Uses in the Neighborhood Light Industrial Zoning District,"and 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 3 upon filing with the Secretary of State. Duly adopted this 20"'day of December, 2021, by the following vote: AYES: Mr. McNulty, Mr. Strough, Mr. Metivier,Mr. Freer, Mr. Ferone NOES: None ABSENT: None 4 LOCAL LAWS&ORDINANCES1Cliapter 179—Zoning—Table 2—Day Care Center QMHS—December 2021 LOCAL LAW NO.: OF 2021 A LOCAL LAW TO AMEND CHAPTER 179 "ZONING"OF QUEENSBURY TOWN CODE TO AMEND PERMITTED USES IN THE NEIGHBORHOOD RESIDENTIAL ZONING DISTRICT. BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURYAS FOLLOWS. Section 1. Intent; Authority - The Town Board wishes to amend its Zoning Code regarding day-care centers. This Local Law is adopted in accordance with New York State 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. Attachment 2 entitled, " Table 2: Summary of Allowed Uses in Residential Districts," is hereby amended as follows: Land Moderate Density Neighborhood Parkland Rural Waterfront Conservation Residential Residential Recreation Residential Residential Residential Use LC-10 PR-10 RR-3 Table LC-42 MDR NR PR-42 RR-5 WR Day-care center SpR6 G Minimum lot size of two(2)acres 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.