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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