289.2015 Setting PH - Proposed LL - Amend Code - Residential Setback in Office Zone on Bay and allow PUD RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW
NO. _ OF 2015 TO AMEND QUEENSBURY TOWN CODE CHAPTER 179
"ZONING" §179-3-040(B)(2)(A)[1] TO CHANGE RESIDENTIAL SETBACK
IN OFFICE ZONE ALONG BAY ROAD FROM 300' TO 600' AND §179-12-
010(A)(3) TO ALLOW PLANNED UNIT DEVELOPMENT (PUD) IN
OFFICE ZONES
RESOLUTION NO.: 289,2015
INTRODUCED BY: Mr. Doug Irish
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.William VanNess
WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.:
of 2015 as presented at this meeting to amend Queensbury Town Code Chapter 179 "Zoning" §179-
3-040(B)(2)(a)[1] to change the residential setback in the Office Zone along Bay Road from 300' to
600' and §179-12-010(A)(3) to allow for Planned Unit Development (PUD) in the Town of
Queensbury Office Zones, as the Town Board feels that the following amendments to the Town's
zoning regulations offers a comprehensive program to assure that the development in our Office
zone is desirable, in accord with community interests, and in congruence with the current sewer
infrastructure, and
WHEREAS, allowing PUD in the Office zone will allow for greater developer flexibility
while assuring better coordination of diverse uses, public amenities (like sidewalks, public spaces,
etc.), landscaping, maintenance and overall design, and
WHEREAS, increasing the "No Residential Use" setback to 600 feet along Bay Road in
the Bay Road Office Design Area will better accommodate commercial development which is the
preferred type of development along Bay Road in the Bay Road Office Design Area because
commercial uses bring jobs, help reduce taxes and less likely to strain the capacity of the current
Bay Road sewer and traffic infrastructures, and
WHEREAS, before the Town Board may amend its Zoning Law, it must hold a public hearing
in accordance with the provisions of Town Law §265, the Municipal Home Rule Law and the Town of
Queensbury Zoning Law, and
WHEREAS, in accordance with General Municipal Law §239-m, before enacting the
legislation, the Town must first refer the proposed Local Law and obtain a recommendation from the
Warren County Planning Department, and
WHEREAS, the proposed legislation must undergo an environmental review pursuant to the
State Environmental Quality Review Act (SEQRA)prior to adoption and enactment, and
WHEREAS, the Town Board wishes to be Lead Agency for the required SEQRA
environmental review and has a completed Part I of a Full Environmental Assessment Form(EAF) for
use in the environmental review, 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 therefore 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 hereby authorizes and directs the Town Clerk
or Director of Planning/Zoning to forward a copy of the proposed Zoning Law Amendment and
supporting SEQRA documentation to the Warren County Planning Department for its review and
recommendation, and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board hereby declares its intent to be Lead Agency
for SEQRA review of the proposed Zoning Law amendment and directs the Town Clerk or Director
of Planning/Zoning to send a copy of the proposed zoning revisions/Local Law, together with a copy
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of the completed Part 1 of the Full EAF and certified copy of this Resolution stating the Town Board's
intention to be Lead Agency for SEQRA review to the Warren County Planning Department as the
only other Involved Agency, as required by law, and
BE IT FURTHER
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, September 141`,
2015 to hear all interested persons concerning proposed Local Law No.: of 2015 which provides
for a certain amendment of the Town of Queensbury's Zoning Law, 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 website and public bulletin board at least 10 days before the date of the Public
Hearing, and
BE IT FURTHER
RESOLVED, that the Town Clerk is further authorized and directed to send the Notice of
Public Hearing, together with copies of the proposed Local Law if necessary, to any public officials,
agencies, municipalities or individuals, in accordance with New York State Town Law §265 and any
other applicable State Laws or Town Code provisions, and
BE IT FURTHER
RESOLVED, that the Town Clerk and/or Town Counsel are hereby authorized and directed to
take such other actions and give such other notice as may be necessary in preparation for the Public
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Hearing and for the Town Board to lawfully adopt proposed Local Law No.: of 2015.
Duly adopted this 17'h day of August, 2015, by the following vote:
AYES Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess
NOES None
ABSENT: None
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