LL 03 Amend Town Code Ch. 179 "Zoning" Sec. 179-3-040 (B) (a) ( 1 ) Local Law Filing NEW YORK'STATE DEPARTMENT OF STATE
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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 -------------------------------------------------------------------------------------
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Section 179-3-040(B) (2) (a) (,1 )
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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%
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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