5.09 5.9
SET PUBLIC BEARINGMoratornun on Multi-Fanuh'ni Bay Road Office Zone—1-15-15
RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW
NO. OF 2015 TO EXTEND TEMPORARY MORATORIUM ON
RESIDENTIAL MULTIFAMILY CONSTRUCTION WITHIN
BAY ROAD OFFICE DISTRICT
RESOLUTION NO. ,2015
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.:
of 2015 entitled, "A Local Law to Extend Temporary Moratorium on Residential Multifamily
Construction in the Bay Road Office District for Additional Two (2) Months" which Law shall
authorize the extension of a temporary moratorium on site plan review and subdivision applications
regarding residential multifamily use properties located within the Town of Queensbury's Bay Road
Office District for an additional two (2) months, through October 9t`, 2015, or any earlier date that the
Town Board adopts an updated Comprehensive Land Use Plan, Zoning Ordinance and Map and/or
Subdivision Regulations relating to residential uses in the Bay Road Corridor, whichever date comes
first, and
WHEREAS, this legislation is authorized in accordance with New York State Municipal Home
Rule Law §10, and
WHEREAS, the Town Board wishes to set a public hearing concerning adoption of this Local
Law,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury 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, August 3rd, 2015
to hear all interested persons and take any necessary action provided by law concerning proposed
Local Law No.: of 2015, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Queensbury Town Clerk
to publish and post a Notice of Public Hearing concerning proposed Local Law No. of 2015 in the
manner provided by law and send the Notice of Public Hearing to the Clerk of the Warren County
Board of Supervisors, Warren County Planning Department, Town of Queensbury Planning
Board and other communities or agencies that it is necessary to give written notice to in
accordance with New York State Town Law §264 and §265, the Town's Zoning Regulations and
the Laws of the State of New York, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby refers such proposed Local Law to the Warren
County Planning Department and the Queensbury Planning Board for their advisory
recommendations in accordance with General Municipal Law §239-m and Queensbury Town
Code §179-15-020, and directs the Community Development Department to take all actions
necessary to effect such referrals.
Duly adopted this 20th day of July, 2015, by the following vote:
AYES
NOES
ABSENT:
Moratorium on Multifamily in Bay Road Office District—EXTEND-7-20-15
LOCAL LAW NO. _OF 2015
A LOCAL LAW TO EXTEND TEMPORARY MORATORIUM ON
RESIDENTIAL MULTIFAMILY CONSTRUCTION IN THE BAY ROAD
OFFICE DISTRICT FOR ADDITIONAL TWO (2) MONTHS
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURYAS
FOLLOWS:
SECTION 1. Title and Authority.
The Town of Queensbury hereby extends its temporary moratorium on residential
multifamily construction within the Bay Road Office District for an additional two (2) months.
This Local Law is adopted in accordance with Municipal Home Rule Law §10 and shall be as
follows:
A. Purpose.
This moratorium was adopted and is to be extended for at least two (2) reasons. First, a
recent engineering study has confirmed that the sewer capacity along Bay Road is limited and
that, after current proposed approved build-outs occur, further development would likely require
costly additional sewer infrastructure investments. Complementing this consideration is the fact
that residential uses typically have more demand on sewer capacity than commercial uses.
Second, there is concern over the diminishing of the desired commercial development that the
town has historically fostered, especially along the Bay Road corridor, and that multifamily uses
overly consume properties that would otherwise be used commercially; and there exist studies
that demonstrate that commercial uses bring jobs, help reduce taxes and require less in
governmental services than residential uses. Therefore, the Town Board has significant concerns
regarding the potential impacts of growth and development, particularly as they pertain to sewer
capacity, in the Bay Road Office District and believes that this moratorium is necessary in order
to allow the Town Board time to study these issues and consider amendment of our Local Laws
regulating residential multifamily development in this area.
B. Moratorium.
The Town of Queensbury hereby extends its imposition of a moratorium on site plan
review and subdivision applications regarding residential multifamily properties located in the
Town of Queensbury's Bay Road Office District through October 9th, 2015 or any earlier date that
the Town Board adopts an updated Comprehensive Land Use Plan, Zoning Ordinance and Map
and/or Subdivision Regulations relating to residential uses in the Bay Road Corridor. This
moratorium shall apply to any site plan review and/or subdivision applications which have not
been approved by the Town of Queensbury Planning Board prior to the effective date of this
Local Law.
C. Extensions.
This moratorium may be extended for such additional periods as the Town Board may
determine to be necessary to protect the public health, safety and welfare to the citizens of the
Town of Queensbury.
D. Termination.
This moratorium shall be terminated earlier than October 9th, 2015 upon enactment of any
local legislation which adopts an updated Town of Queensbury Comprehensive Land Use Plan,
Zoning Ordinance and Map and/or Subdivision Regulations relating to residential uses in the Bay
Road Corridor.
SECTION 2. Effective Period.
This Local Law shall take effect immediately upon filing in the Office of the New York
2
•
Secretary of State as provided in Municipal Home Rule Law §27 or as otherwise provided by
law.
3
.
Moratorium on Multifamily in Bay Road Office—8-3-15
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN IN ACCORDANCE WITH A RESOLUTION DULY
ADOPTED BY THE QUEENSBURY TOWN BOARD ON MONDAY,JULY 15TH, 2015 THAT
A PUBLIC HEARING WILL BE HELD ON MONDAY, AUGUST 3RD, 2015 AT 7:00 P.M. IN
THE QUEENSBURY ACTIVITIES CENTER, 742 BAY ROAD, QUEENSBURY AT WHICH
HEARING ALL INTERESTED PARTIES SHALL HAVE AN OPPORTUNITY TO BE HEARD
CONCERNING ADOPTION OF PROPOSED LOCAL LAW NO.: OF 2015. SUCH
PROPOSED LOCAL LAW WOULD EXTEMD A TEMPORARY MORATORIUM ON SITE
PLAN REVIEW AND SUBDIVISION APPLICATIONS REGARDING RESIDENTIAL
MULTIFAMILY CONSTRUCTION IN THE BAY ROAD OFFICE DISTRICT FOR AN
ADDITIONAL TWO (2) MONTHS, THROUGH OCTOBER 9TH, 2015 OR ANY EARLIER
DATE THAT THE TOWN BOARD ADOPTS AN UPDATED COMPREHENSIVE LAND USE
PLAN, ZONING ORDINANCE AND MAP AND/OR SUBDIVISION REGULATIONS
RELATING TO RESIDENTIAL USES IN THE BAY ROAD CORRIDOR, WHICHEVER DATE
COMES FIRST.
THIS LEGISLATION IS AUTHORIZED BY NEW YORK STATE MUNICIPAL HOME
RULE LAW §10.
TO OBTAIN FURTHER INFORMATION OR COPIES OF THE PROPOSED LOCAL
LAW, PLEASE CONTACT THE QUEENSBURY TOWN CLERK'S OFFICE, 742 BAY ROAD,
QUEENSBURY(518) 761-8234 DURING NORMAL BUSINESS HOURS.
BY ORDER OF THE QUEENSBURY TOWN BOARD.
PUBLICATION DATE: JULY ,2015
CAROLINE H.BARBER
TOWN CLERK
TOWN OF QUEENSBURY