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050.2017, LL 3, 2017 Enclosed Shopping Centers RESOLUTION ADOPTING SEQRA NEGATIVE DECLARATION AND ENACTING LOCAL LAW NO.: 3, OF 2017 TO AMEND QUEENSBURY TOWN CODE CHAPTER 179 "ZONING" TO REVISE §179-3-040(B)(1) "ENCLOSED SHOPPING CENTER ESC" RESOLUTION NO. 50,2017 INTRODUCED BY: Mr.William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr. Doug Irish WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.: 3, of 2017 to amend Queensbury Town Code Chapter 179, entitled "Zoning," to eliminate the density restriction in the Enclosed Shopping Center District, and WHEREAS, before the Town Board may amend, supplement, change, or modify its Zoning Law and/or Map, 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, the Town must first refer the proposed Zoning Law amendments and obtain a recommendation from the Warren County Planning Department before enacting the legislation, and WHEREAS, on or about February 16th, 2017, the Warren County Planning Department considered the proposal and determined that there would be no County impact, and WHEREAS, the Town Board duly conducted a public hearing, heard all interested parties and closed the public hearing concerning the proposal on Monday, February 27th, 2017, and WHEREAS, as SEQRA Lead Agency, the Town Board has reviewed a Full Environmental Assessment Form to analyze potential environmental impacts of the proposal, and WHEREAS, the Town Board has considered the conditions and circumstances of the area affected by the proposal, and WHEREAS, the Town Board wishes to consider adoption of Local Law No.: 3, of 2017 as presented at this meeting,hereinafter referred to as the"legislation," NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby determines that the proposed legislation will not have any significant adverse environmental impact and a SEQRA Negative Declaration is made, and authorizes and directs the Town Clerk and/or Director of Planning, Zoning and Code Compliance to file and publish a SEQRA Negative Declaration-Notice of Determination of Non-Significance with respect to the legislation, and BE IT FURTHER, RESOLVED, that the Town Board hereby adopts Local Law No.: 3, of 2017 to amend Queensbury Town Code Chapter 179, entitled "Zoning," to eliminate the density restriction in the Enclosed Shopping Center District, 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 and/or Zoning Map to the Town Planning Board, Town Zoning Board of Appeals, Town Zoning Administrator and Warren County Planning Department in accordance with §179-15-080(D) of the Town Zoning Law, and BE IT FURTHER, 2 RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to file the Local Law and/or the official Town Zoning Map, as amended, 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. Duly adopted this 27ffi day of February, 2017,by the following vote: AYES Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Irish NOES None ABSENT : Mr. Clements 3