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LL 05 Amend Code Ch. 179 Zoning Setback Along Bay Road J 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 14th, 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 2 of a 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 9"', 2015 or any earlier date that the Town Board adopts an updated Comprehensive Land Use Plan, Zoning Ordinance and Map andlor Subdivision Regulations relating to residential uses in the Bay Road Corridor, whichever date comes 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 3 amend Chapter 179 entitled "Zoning" of Queensbury Town Code to revise §179-3-040(B)(2)(a)[1] 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 14th day of September,2015,by the following vote: AYES : Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough,Mr.Metivier NOES : None ABSENT: None 4 New York State Department of State Division of Corporations, State Records and Uniform Commercial Code One Commerce Plaza, 99 Washington Avenue Local Law Filing Albany, NY 12231-0001 www.dos.state.ny.us/corps (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. ❑County ❑City EiTown ❑Village (select one.) of Q PcnGhiir� Local Law No. 5 of the year 20 15 A local law To Amend Oueensbury Town Code Chapter 179 "Zoning" Section (Insert Title) 179-3-040(B) (2) (a) ( 1 ) To Change Residential Setback In Office Zone Along Bay Road From 300 ' to 600 ' And Section 179-1-2-010(A) (3) To Allow Planned Unit Development (PUD) In Office Zones Be it enacted by the Town Board of the (Name of Legislative Body) ❑County ❑City [Town ❑Village (Select one:) of Queensbury as follows: SECTION 1. Queensbury Town Code Chapter 179, "Zoning," Article 3 "Zoning Districts" §179-3-040 entitled "Establishment of Zoning Districts," Section (B)(2)(a)[I] is hereby amended as follows: § 179-3-040. Establishment of Zoning 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. (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-0239-f-I (Rev.06/12) ( 1 ) Page e 2 of 4 (a) Uses allowed. The uses allowed in this district are set forth on Table 3 of this chapter. In addition: [1] No residential uses shall be allowed within 600 feet of Bay Road. SECTION 2. Queensbury Town Code Chapter 179, "Zoning," Article 12 "Planned Unit Developments (PUD)" §179-12-010 entitled "Intent and objectives," Section (A)(3) is hereby amended as follows: § 179-12-010. Intent and objectives. A. Intent. (3) PUDs are allowed only in the following zones: Neighborhood Residential, Moderate Density Residential, Rural Residential and Office Zones. SECTION 3. Queensbury Town Code Chapter 179, "Zoning," Attachment 3:1 entitled, "Table 3: Summary of Allowed Uses in Commercial Districts," is hereby amended to amend the footnote at the bottom under"Notes" #2 to read: "No residential uses shall be allowed within 600 feet of Bay Road. See §179-3-040B(2)." SECTION 4. 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 5. 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 6. 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) ZONING 179 Attachment 3 Town ofQueensbury Table 3: Summary of Allowed Uses in Commercial Districts [Amended 4-19-2010 by L.L.No.7-2010; 1-28-2011 by L.L.No.2-2011;4-1-2013 by L.L.No.3-2013; 12-16-2013,by L.L.No.7-2013;7-21-2014 by L.L.No.2-2014; 10-6-2014 by L.L.No.5-20141 KEY AU = Accessory Use PU = Permitted Use SPR = Site Plan Review Use SUP = Special Use Permit Required Blank = Not Permitted Commercial Commercial Enclosed Main Neighborhood Recreation Moderate Intensive Shopping Center Street' Commercial Office Commercial Commercial Use Table CM CI ESC MS NC O RC „- rn <_300 feet >_300 feet -- from arterial from arterial Amusement center SUP SPR Apartment housc/condos SPW SW Apartment house/condos SPR SW above first floor Auto body/repair shop SPR Automobile service SPR SPR SPR Automotive sales and service SPR SPR Bank SPR SPR SPR SPR SPR SPR Business service SPR SPR SPR SPR SPR SPR` SPR Campground SPR 179 Attachment 3:1 11-01-2014 QUEENSBURY CODE Commercial Commercial Enclosed Main Neighborhood Recreation Moderate Intensive Shopping Center Street Commercial Office Commercial Commercial Use Table CM CI ESC MS NC O RC <_300 feet >_300 feet from arterial from arterial Car wash SPR Cemetery SPR Commercial boat SPR sales/service/storage Convenience store SPR SPR SPR SPR SPR SPR Convention center SPR SPR SPR SPR SPR _ Day-care center SPR SPR SPR SPR SPR SPR v Drive-in theater SPR Enclosed shopping center SUP Fast-food establishment SPR SUP Food service SPR SPR SPR SPR SUP AU AU SPR Funeral home SPR SPR Gallery SPR SPR SPR SPR SPR SPR Golf course SPR SPR Golf driving-range SUP SUP Health-related facility SPR SPR SPR SPR SPR Kennel SUP Library SPR SPR Limousine service SPR Live theater SPR SPR Microbrewery SPR SPR 179 Attachment 3:2 11-of-2014 ZONING Commercial Commercial Enclosed Main Neighborhood Recreation Moderate Intensive Shopping Center Streets Commercial Office Commercial Commercial Use Table CM CI ESC MS NC O RC <300 feet >_300 feet from arterial from arterial Mineral extraction SUP Mobile home sales SPR Motel SPR SPR SPR Movie theater SPR SPR SPR Multifamily houselcondos SPR3 SPR Municipal center SPR SPR Museum SPR SPR SPR Nightclub SUP -SPR SUP Nursery SPR SPR Office,large SPR SPR SPR SUP SPR' SPR' Office,small SPR SPR SPR SPR SPR SPR SPR Outdoor concert events SUP Paintball facility SUP Parking lot SPR SPR SPR Parking structure SUP SUP SPR SPR SPR Personal service SPR SPR SPR SPR SPR AU AU Place of worship SPR SPR SPR SPR SPR Playground SPR SPR Produce stand SPR SPR SPR SPR SPR Public or semipublic building SPR SPR SPR SPR SPR SPR SPR 179 Attachment 3:3 11-01-2014 QUEENSBURY CODE Commercial Commercial Enclosed Main Neighborhood Recreation Moderate Intensive Shopping Center Street Commercial Office Commercial Commercial Use Table CM CI ESC MS NC 0 RC <300 feet >_300 feet from arterial from arterial Recreation center SPR SPR Retail SPR SPR SPR SPR SPR AU AU School SPR SPR SPR SPR SPR SPR Self-storage facility SUP Shopping maillplaza SPR SPR SPR Single-family dwelling SPR' SPR Ski center SPR? SPR ^: ass Tavern SUP SUP TV or radio station SPR SPR Veterinary clinic SPR SPR SUP SUP Notes: t Large offices are prohibited in the Gurney Lane Office district. ' All single-story uses and buildings set back beyond 40 feet require a special use permit. " Residential uses, including single-£amity dwellings, duplexes or two-family dwellings, multiple-family dwellings and townhouses are not allowed within 250 feet of the center line of Main Street.Beyond 250 feet,they are allowed with:site plan review. 179 Attachment 3:4 11-01-2014 's, (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.) I hereby certify that the local law annexed hereto, designated as local law No. 5► of 20 15 of the keft5ttk)Ai�y)(Town)(Village)of Queensbury was duly passed by the Tc)wn Rna rA on Q.114.1 20 15 , in accordance with the applicable. (Name of Legislative Body) provisions of law. 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) 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) (Name of Legislative Body) (repassed after disapproval) by the and was deemed duly adopted (Elective Chief Executive Officer*) on 20m, in accordance w ith the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (Cou nty)(City)(Town)(Village)of was duly passed by the on 20 , and was (approved)(not approved) (Name of Legislative Body) (repassed after disapproval) by the on 20 (Elective Chief Executive Officer*)Such local law was submitted 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 20 , 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) (Name of Legislative Body) (repassed after disapproval)by the on 20 . Such local (Elective Chief Executive Officer*) law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 in accordance with the applicable provisions of law. (7) * 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. DOS-0239-f-I (Rev.06/12) Page 3 of 4 r 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 2D , 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 cities 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 offic d that the same is a correct transcript therefrom and of the whole of such original local law, a d was finally adopte in th manner indicated in paragraph . ! above. Cler a ounty islative body, City,Town or Village Clerk or officer designated by local legislative body (Sea!) Date: (8) DOS-0239-f-I (Rev.06112) Page 4 of 4 ToWN OF QUEENSBU RY "Home of Natural Beauty...A Good Place to Live" Settled 1763 September 15,2015 New York Department of State One Commerce Plaza 99 Washington Avenue Albany,NY 12231-001 Enclosed please find a copy of Local Law No, 5,2015 To Amend Town Code Chapter 179"Zoning"Section 179-3-040(B)(2)(A)(1)to Change Residential Setback in Office Zone Along Bay Road from 300' to 600' and Section 179-12-010(A)(3)To Allow Planned Unit Development(PUD)In Office Zone for your filing that was adopted at a Regular Town Board Meeting on September 15`h,2015. If you have any questions please feel free to contact our office. Respectfully, Karen A. O'Brien Deputy Town Clerk I Town of Queensbury Enc. 742 Bay Road ♦ Queensbury, NY 12804 ♦ Phone: 518-761-8201 ♦ wwwqueensburynet ToWN OF QUEEN' SBURY "Home of Natural Beauty...A Good Place to Live"Settled 1763 September 16,2015 Warren County Planning Department Warren County Municipal Center 1340 State Route 9 Lake George,New York 12845 To Whom It May Concern: Enclosed please find a certified copy of Resolution with the Local Law Enacting Local Law No. 5,2015 To Amend Queensbury Town Code Chapter 179"Zoning" Section 179-3-040(B)(2)(A)(1)To Change Residential Setback In Office Zone Along Bay Road From 300' to 600'And Section 179-12-010(A)(3)To Allow Planned Unit Development (PUD) In Office Zones that was adopted at a Regular Town Board Meeting on September 10,2015. If you have any questions please feel free to contact our office. Respectfully, Karen A. O'Brien Deputy Town Clerk I Town of Queensbury Enc. 742 Bay Road ♦ Queensbury,NY 12804 ♦ Phone: 518-761-8201 ♦ www.queensbury.net i STATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA ANDRE'W M CUOMO 99 WASHINGTON AVENUE GUVERrJ q{ ALBANY,NY 12231-0001 CESAR A. PERALES WVVW DOS NY-GOV S[CkErAR, OF STAT! September 21, 2015 Karen A O'Brien Deputy Town Clerk 742 Bay Road Queensbury NY 12804 RE: Town of Queensbury, Local Law 5 2015, filed on September 21, 2015 Dear Sir/Madam: The above referenced material was filed by this office as indicated. Additional local law filing forms can be obtained from our website, www.dos.ny gov. Sincerely, State Records and Law Bureau (518) 473-2492 NEWYORK Department STATE OF OPPORTUNITY_ of State Postal CERTIFIED oRECEIPT Domesticccl 0 For delivery information,visit our website at wwwusps-como. m IT' Certified Mail Fee r`- $ Extra Services&Fees(check box,add lee as appropriate) Q ❑Retgtn Receipt(hardcopy) $ 0 �O Return Receipt(electronic) $ Postmark C3 fl Certified Mail Restricted Delivery $ Here C3 ❑Adult Signature Required $ I]Adult Signature Fillitricted Delivery$ C3 P(5etage Ln $ r-j Total Postage and Fees V..) $ Se To C3C -- ----------------------- Street and t.No r PO Boz No. �) � 14 (^^ rv -�- -- a f n N UON — - �5 PS Form :rr April 2015 t Postal o RECEIPT ar Domestic Ln 0 m Cr Certified Mail Fee Extra Services&Fees(check box,add fee as appropriate) ❑Return Receipt(hardcopy) $ O ❑Return Receipt(electronic) $ Postmark C3 ❑Cei ified Mad Restricted Delivery $ Here d ❑Adult signature Required $ ❑Adult Signature Restricted Delivery$ C] Postage ni $ - Lr) Total Postage and Fees a Ln Serq �Q �trP- d f-__) --- Of - F (Gj)a,/n�dApt.No..or PO oxNo. . , . 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Codification Division p:1-855-GEN-CODE fax:1-585-328-8189 '" $ T ` " " o email:ersupp@generalcode.com 9/21/2015 #310850 Ms. Caroline H. Barber: The following material has been received and will be processed for inclusion in your Code as supplemental pages(where applicable): ILL No. 5-2015 Town of Queensbury 742 Bay Road :4 S9:_: :a:� „j#II#h'"4&V)'f�t�#��b�kl"�!#��