306.2015 Enact LL 5, Setback in Office Zone Bay Road 300 feet to 600 feet RESOLUTION ENACTING LOCAL LAW NO.: 5, 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. 306,2015
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.: 5,
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 these amendments are part of a
comprehensive program to assure that the development in our Office zone is desirable, in accord
with community interests, and in keeping with the current sewer infrastructure, and
WHEREAS, allowing PUD in the Office zone will allow for greater development
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 District will better accommodate commercial development which is the
preferred type of development along Bay Road in the Bay Road Office District because
commercial uses bring jobs, help reduce taxes and are 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 on or about August 21, 2015 the Warren County Planning
Department considered the proposed Local Law and determined that there would be no County
impact, 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 is duly qualified to act as lead agency and accepts lead agency
status for compliance with the State Environmental Quality Review Act (SEQRA) which requires
environmental review of certain actions undertaken by local governments, and completed Part 1 of a
Full Environmental Assessment Form(EAF)for use in the environmental review, and
WHEREAS, the proposed action is a Type I action under SEQRA in accordance with §179-
15-060 of the Town Zoning Law, and
WHEREAS, the Town Board duly held a public hearing on Monday, September 14t`, 2015
and heard all interested persons, and
WHEREAS, a copy of the proposed Local Law has been presented at this meeting and is in
form approved by Town Counsel, and
WHEREAS, by Resolution No.: 261,2015, the Town Board enacted Local Law No.: 4 of
2015 "A Local Law to Extend Temporary Moratorium on Residential Multifamily Construction in the
Bay Road Office District for Additional Two (2) Months" which Law authorized the extension of a
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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 Ante 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 conies first,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board, after considering the proposed action,
reviewing the Full Environmental Assessment Form and thoroughly analyzing the action for potential
environmental concerns, determines that the legislative amendment will not have any significant effect
on the environment, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor to
complete the Full Environmental Assessment Form by checking the box indicating that the proposed
action will not result in any significant adverse environmental impacts, and
BE IT FURTHER,
RESOLVED, that the Town Board approves of a SEQRA Negative Declaration or
determination that no Environmental Impact Statement is necessary and authorizes and directs the
Town Clerk's Office to file any necessary documents in accordance with the provisions of the SEQRA
regulations of the Department of Environmental Conservation, and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board hereby enacts Local Law No.: 5, of 2015 to
amend Chapter 179 entitled "Zoning" of Queensbury Town Code to revise §179-3-040(B)(2)(a)[1]
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and §179-12-010(A)(3), as presented at this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Queensbury 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, Zoning Administrator and Warren County Planning Office 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 Queensbury 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
upon filing with the Secretary of State, and
BE IT FURTHER,
RESOLVED, that as a result of the enactment of this Local Law, the Town Board hereby
terminates the Town's Temporary Moratorium on residential multifamily construction within the Bay
Road Office District as authorized by Resolution No.: 261, 2015 and Local Law No.: 4 of 2015
referred to in the preambles of this Resolution.
Duly adopted this 14'h day of September, 2015, by the following vote:
AYES Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough, Mr.Metivier
NOES None
ABSENT: None
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