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LL 03 Amend Town Code Ch. 179 "Zoning" Sec. 179-3-040 (B) (a) ( 1 ) Local Law Filing NEW YORK'STATE DEPARTMENT OF STATE 41 STATE STREET,ALBANY,NY 12231 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. XyYd d& Queensbury of------------------------------------------------------------------------------------------ Town xmwxX. T, 10 Local Law No.------------------------------------ of the year 20.----- To Amend Queensbury Town Code Chapter 179 "Zoning" A local law ------------------------------------------------------------------------------------- ------------------------- Section 179-3-040(B) (2) (a) (,1 ) ---—---------------------------------- ---------------------------------------------------------------------- -----=------------------------------------------------------------------------------------ --------------- ---- Town Board ______ of the Beit enacted'by the ---------------------------------------------------------------- Queensbury ueensbur of----------------------------- ---------------------------------------------------------- as follows: Town �X SECTION 1. .Queensbury Town Code Chapter 179, "Zoning," §179-3-040 entitled "Purpose and establishment of zoning districts," Section(B)(2)(a)[1] is hereby amended as follows: § 179-3-040. Purpose and establishment of zoning districts. B. Commercial Districts. (2) Office. The Office District encompasses areas where professional offices are encouraged. -These 'are located along arterials adjoining residential areas where compatibility with residential uses is important. The Town desires to see development of high-quality offices where structures and facilities are constructed with particular attention to detail, including but not limited to architecture, lighting, landscaping, signs, -streetscape, public amenities, and pedestrian connections. The Office District can function as a transition zone protecting residential zones from more intensive commercial uses, while providing convenient professional services to residential neighborhoods. Office and residential facilities should�be sited and built to demonstrate compatibility with adjoining uses and to minimize any negative impacts on adjoining land uses. (a) Uses allowed. The uses allowed in this district are set forth on Table 1 of this chapter. (if additional space is needed,attach pages the same size as this sheet,and number each.) (1) ♦vac nfn in.... 1 t 00\ Editor's Note: Table 1 is included at the end of this chapter. In addition: [1] No residential uses shall be allowed within 300 feet of Bay Road and West Mountain Road. [2] Both commercial and residential uses are allowed beyond 300 feet back from Bay Road and West Mountain Road. [3] Large offices are prohibited uses in the Gurney Lane Office District. SECTION 2. The invalidity of any clause, sentence, paragraph or provision of this Local Law shall not invalidate any other clause, sentence,paragraph or part thereof. SECTION 3. All Local Laws or ordinances or parts of Local Laws or ordinances in conflict with any part of this Local Law are hereby repealed. SECTION 4. This Local Law shall take effect immediately upon filing in the Office of the New York Secretary of State as provided in New York Municipal Home Rule Law §27. (2) (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) [herebycertify that the local law annexed hereto,designated as local law No- -_-_-_----__3--------------------- of 20___10 Df the(' } t °wB 7Xof----------------- ---u e e n s_u r y__------------------------ was duly passed by the - - n- a r--- - on March__ I,2(Y 01,gn accordance with the applicable provisions of law. 'Name of Legislative Body) Z. (Passage by local legislative body with approval,no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) [hereby certify that the local law annexed hereto,designated as local law No- ----------------------------------- of 20------ if the(County)(City)(Town)(Yllage)of----------------------------------------------------------------- was duly passed by the ----------------------------------------------- on ------------------ 20 --:,and was (approved)(not approved)(repassed after. Name of Legislative Body) disapproval)by the-------------------------------------------------- and was deemed duly adopted on --------=-----:--- 20----, (Elective ChiefExecudve Officer') in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) [hereby certify that the local law annexed hereto,designated as local law No. ___________________________________.of 20------ Df the Count Ci Town ills a of---------------------- -------------------- - --- --- -- -------- was duly passed b the ( ----Y)(_ tY)( )� g ) - - - - - - Y P Y _____________________________ on------------------ 20----,and was(approved)(not approved)(repassed after Name ofLegislative Body) disapproval) by the------------------------------------------------- on------------------- 20----. Such local law was submitted (Elective Chief Executive Officer*) to the people by reason of a (mandatory)(permissive)referendum,and received the affirmative vote of a majority of the qualified electors voting thereon at the(general)(special)(annual).election held on------------------ 24--- ,in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto,designated as local law No- ___________________________________ of 20------ of the(County)(City)(Town)(Village)of------------------------ ---------------------------------------- was duly passed by the ___________________________________________________ on------------------ 20----,and was(approved)(not approved)(repassed after (Name of Legislative Body) ___________ __________ on-___--__._-___--__ 20--- . Such local law was subject disapproval)by the---------------------------- to- (Elective Chief Executive Officer') permissive referendum and no valid petition requesting such referendumwas filed as of------------------ 20•___ ,in accordance with the applicable provisions of law. `Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county- wide basis or,if there be none,the chairperson of the county legislative body, the mayor of a city or village,or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. (3) 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto,designated as local law No. ----------------------------------- of 20------ of the City of--------------------------------------------- having been submitted to referendum pursuant to the provisions of section (36)(37)of the Municipal Home Rule Law,and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the(special)(general)election held on------------------- 20----, became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto,designated as local law No------------------------------------ of 20------ of the County of---------------------------------------------------- State of New York,having been submitted to the electors at the General Election of November----------------------20----,pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law,and having received the affirmative vote of a majority of the qualified electors of the cit- ies of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election,became operative. (If any other authorized form of final adoption has been followed,please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therffrom and of the whole of such original local law,and was finally adopted in the manner in- dicated in paragraph-------------above. - Clerk of the Ccuaty legislative body,Chg,Town or NgUag erk or officcr designated by local legislative body (Seal) Date: -3 (Certification to be executed by County Attorney,Corporation Counsel,Tbwn Attorney,village Attorney or other authorized attorney of locality.) STATE OF NEW YORK Warren COUNTY OF I,the undersigned,hereby certify that the foregoing local law contains the correct text and.that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. j Sig-tore Robe t . Hafner Town CounsP1 Title Y uV *X of Queensbury Town Date: March, 2010 4% t RESOLUTION ENACTING LOCAL LAW NO.: 3 OF 2010 TO AMEND QUEENSBURY TOWN CODE CHAPTER 179 "ZONING" §179-3-040(B)(2)(a)[1] RESOLUTION NO.: 1389 2010 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, at its February 8`", 2010 Workshop Meeting, the Queensbury Town Board discussed changing Queensbury Town Code §179-3-040(B)(2)(a)[1] to specify that residential development in office zoning districts should not be within three-hundred feet (300') of Bay Road and West Mountain Road instead of all arterial roads, and WHEREAS, the Town Board instructed the Senior Planner to draft the necessary zoning language to effect such proposed change, and WHEREAS, the Town Board has caused the draft revisions to be put into the form of proposed Local Law No. 3 of 2010, and WHEREAS, the Town Board wishes to consider adoption of Local Law No.: 3 of 2010 to Amend Queensbury Town Code Chapter 179 "Zoning" §179-3-040(B)(2)(a)[1],and WHEREAS, in accordance with General Municipal Law §239-m, before enacting the legislation the Town must first refer the proposed revised Zoning Code and obtain a recommendation from the Warren County Planning Board, 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 WHEREAS, the proposed action is a Type I action under SEQRA in accordance with §179-15-060 of the Town Zoning Law, and WHEREAS, on or about March 10t', 2010 the Warren County Planning Board considered the proposed Local Law and determined that there would be no County impact, and WHEREAS, the Town Board duly held a public hearing on Monday, March 15`1, 2010 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, 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 2 r 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.: 3 of 2010 to amend Queensbury Town Code Chapter 179 entitled "Zoning," §179-3-040(B)(2)(a)[1], 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, County Planning Board and Adirondack Park Agency 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. Duly adopted this 15t'day of March, 2010, by the following vote: AYES: Mr. Stec,Mr. Metivier, Mr. Montesi, Mr. Brewer NOES: Mr. Strough ABSENT: None 3 GENERAL 72 Hinchey Road Pj M Rochester, NY 14624 p:8001836-8834 fax:585/328-8189 $00 28 email:sales@generalcode.com 2 A)W 03124/2010 kJS [10tilAOL Ms. Darleen M. Dougher: The following material has been received and will be processed for inclusion in your-Code as supplemental pages (where applicable): LL No. 1-2010 to LL No, 4-2010 Town of Queensbury C/O Clerk's Office 742 Bay Road Queensbury, NY 12804 CC : 'Town STATE OF NEW YORK 4- DEPARTMENT OF STATE S ONE COMMERCE PLAZA DAVID A. PATERSON 99 WASHINGTON AVENUE GOVERNOR ALBANY, NY 12231-0001 LORRAINC A. C0rTf-C,-VA7QIJE7 SECRETAWe Or 51ATI- March 26,2010 Darleen M Dougher Town Clerk Town Office Bldg 742 Bay Rd Queensbury NY 12804 RE: Town of Queensbury, Local Law 1, 2,3 & 4,2010, filed on March 25,2010 Dear Sir/Madam: The above referenced material was received and filed by this office as indicated. Additional local law filing formas can be obtained from our website, www.dos.state.ny.us. Sincerely, State Records and Law Bureau (518)474-2755 WWW.DOS.STATE.NY.US - E-MAIL:INFO@DOS.STATE.NY.US