471.2022 Setting PH Proposed LL Amend Ch 179 Zoning Qby Town Code Amend Zoning Map Change Zoning Dist Tax Map 302.5-1-49 RESOLUTION SETTING PUBLIC HEARING ON PROPOSED
LOCALLAW NO. OF 2023 TO AMEND CHAPTER 179 "ZONING"
OF QUEENSBURY TOWN CODE TO AMEND ZONING MAP
TO CHANGE ZONING DISTRICT DESIGNATION FOR
TAX MAP PARCEL NO.: 302.5-1-49
RESOLUTION NO.: 471, 2022
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS, Garden World Associates, LLC (GWA) submitted a zoning change application
to the Queensbury Town Clerk's Office on or about September 7, 2022 to allow for a change of
zoning district designation for a parcel identified as Tax Map No: 302.5-1-49 from Moderate Density
Residential (MDR) to Commercial Intensive (CI), and
WHEREAS, GWA has also submitted an application to the Planning Board for Site Plan
Review approval to construct a new parking area on said parcel to support the adjacent business, and
WHEREAS, GWA has also submitted an application to the Zoning Board of Appeals
regarding permeability requirements of the proposed development of the subject lot in consolidation
with the adjacent business, and
WHEREAS, the Town Board, by Resolution No.: 334, 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 November 29, 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.: 334, 2022, also referred the application
to the Warren County Planning Department for NYS GML §239-m review, and
WHEREAS, on December 15, 2022 the Town received a recommendation from the
Warren County Planning Department dated 9/15/2022 to approve the proposed zoning changes,
and
WHEREAS, the Town Board wishes to consider adoption of Local Law No.: of 2023
to change the zoning district designation for a portion of a parcel identified as Tax Map No.: 302.5-
1-49 from Moderate Density Residential (MDR) to Commercial Intensive (CI) 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 revision"), 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, January 23ra
2023 to hear all interested persons concerning the proposed revisions to the Town's Zoning Code
and enactment of"Local Law No.: of 2023 A Local Law To Amend Chapter 179 `Zoning' of
Queensbury Town Code to Amend Zoning Map to Change Zoning District Designation For Tax
Map Parcel No.: 302.5-1-49,"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 191h day of December, 2022, by the following vote:
AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone
NOES None
ABSENT: None