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LL 03 Amend QSBY Town Code Enclosed Shopping Center STATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA ANDREW M.CUOMO 99 WASHINGTON AVENUE GOVERNOR ALBANY,NY 12231-0001 ROSSANA ROSADO VWWV.DOS.NY.GOV SECRETARY OF STATE March 9, 2017 Karen A O'Brien Deputy Town Clerk 742 Bay Road Queensbury NY 12804-5902 RE: Town of Queensbury, Local Law 3 2017, Bled on March 8, 2017 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 Warren County Planning Department Mar17-03 Project Review and Referral Form Reviewed by Department on February 15, 2017 Project Name: Town of Queensbury Owner: Town of Queensbury , ID Number: QBY-17-LL-179 County Project#: Marl7-03 j Current Zoning: Community: Queensbury n Project Description: Proposed amendment to Queensbury Town Code Chapter 179 to eliminate the density restriction in the Enclosed Shopping Center District(ESC). Site Location: ESC parcels in the area of Aviation Rd and Exit 19 of NYS 1-87 Tax Map Number(s): Staff Notes: The issues here appearto be of a local nature involving local issues without any significant impactson County properties or resources. Staff recommends no county impact based onthe information submitted according to the suggested review criteria of NYSGeneral Municipal Law Section 239 applied to the proposed project. Local actions to date(if any): County Planning Department: NCI Local Action:/Final Disposition: 44elz 2/16/2017 Warren County Planning Department Date Signed Local Official Date Signed PLEASE RETURN THIS FORM TO THE WARREN COUNTY PLANNING DEPARTMENT WITHIN 10 DAYS OF FINAL ACTION TOWN OF Q UEENSB URY 742 Bay Road, Queensbury, NY 12804-5902 518-761-8201 March Is',2017 New York State Dept. of State Division of Corporations, State Records & Uniform Commercial Code One Commerce Plaza, 99 Washington Ave. Albany,NY 12231-001 Dear Records: Enclosed please find a copy of Local Law 3, of 2017 which was adopted on February 271h,2017 by the Town Board of the Town of Queensbury for your filing. If you have any questions please feel free to contact my office. Respectfully, &S Karen A. O'Brien Deputy Town Clerk Town of Queensbury Enc. cc: General Code Publishers "HOME OF NATURAL BEAUTY...A GOOD PLACE TO LIVE" SETTLED 1763 TOWN OF QUEENSBURY 742 Bay Road, Queensbury, NY 12804-5902 518-761-8201 March 1,2017 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 copies of the following: 1. Resolution No. 50,2017 Enacting Local Law No. 3,2017 To Amend Queensbury Town Code Chapter 179"Zoning"To Revise Section 170-3- 040(B)(1)"Enclosed Shopping Center ESC" 2. Local Law No. 3,2017 To Amend Queensbury Town Code Chapter 179 "Zoning"To Revise Section 179-3-040(B)(1) "Enclosed Shopping Center ESC" That was adopted at a Regular Town Board Meeting of the Town of Queensbury on February 27",2017. If you have any questions please feel free to contact our office. Respectfully, ,�6:�� 1 7 (::�, (:J6 Karen A. O'Brien Deputy Town Clerk I Town of Queensbury Eno. "HOME OF NATURAL BEAUTY...A GOOD PLACE TO LIVE" SFTTI Fn 17RA Karen O'Brien From: Karen O'Brien Sent: Wednesday, March 01, 2017 10:08 AM To: 'EZsupp@generalcode.com' Subject: Town of Queensbury Local Law#, 2017 Enclosed Shopping Centers Attached please find Local Law 3, 2017 regarding Enclosed Shopping Centers for your filing. If you have any questions please feel free to contact me. (518) 761-8236 Karen 1 Karen O'Brien From: ersupp <ersupp@generalcode.com> Sent: Wednesday, March 01, 2017 10:08 AM To: Karen O'Brien Subject: RE:Town of Queensbury Local Law#, 2017 Enclosed Shopping Centers Thank you for your e-mail. If you are sending legislation for your Code project or your next Code supplement, it will be processed in the usual manner. (Please note that legislation that is posted under"New Laws" in eCode3600 will appear exactly as submitted to General Code.) All other messages will be forwarded to the appropriate person, who will respond to your inquiry as soon as possible. If you have any questions, please do not hesitate to call or e-mail Customer Service. General Code 1-800-836-8834 ersupp(cDgeneralcode.com 1 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.statate.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 ©Town [)Village (Select one) of Queensbury Local Law No. 3► of the year 20 17 Alocallaw Adopting SEQRA Negative Declaration and Enacting Local (Insect rue) Law No, 3, 203 To Amend Queensbury Town Code Chapter 179 "Zoning" To ReviGP SprHtin 179-3-040(B) ( 1 ) "Enclosed Shopping Center ESC" 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. Queensbuiy Town Code Chapter 179, "Zoning," §179-3-040 entitled "Establishment of zoning districts," Section(13)(1)is hereby amended as follows: § 179-3-040. Establishment of zoning districts. B. Commercial Districts. (1) Enclosed Shopping Center ESC. The ESC District encompasses those areas where shopping center development exists or is anticipated. The intent of this district is to ensure that shopping center development, as well as compatible commercial infill development, provides safe access points, coherent and safe traffic patterns, efficient loading and unloading, aesthetically pleasing shopping environments and safe pedestrian circulation. This area of the Town formerly consisted, under the 2002 Zoning Law, of the same district boundaries as are currently established herein but with the zoning district designation of"ESC-25A." (a) Uses allowed. The uses allowed in this district are set forth on Table 3 of this chapter. Freestanding buildings are permitted in this district. (If additional space is needed,attach pages the same size as this sheet,and number each.) DOS-0239-f-1 (Rev.06/12) Page 2 of 4 (b) Dimensional requirements. All uses in this district must comply with the requirements of Table 1 of this chapter and as follows (Note that all are minimum requirements except density and building height which are maximum restrictions.): [1] Front yard setback: 40 feet. Buildings in excess of 40 feet in height shall require a front setback of 100 feet or greater. [2] Side yard setback: 30 feet. [3] Rear yard setback: 30 feet. [4] Shoreline/stream/wetland setback: 150 feet. [5] Lot width: 500 feet. [6] Road frontage: 75 feet. [7] Water frontage: 200 feet. [8] Building height: 70 feet. Buildings in excess of 40 feet in height shall require a front setback of 100 feet or greater. [9] Percent permeable: 20%. [10] Percent landscaped: 15%. (c) Development standards. The standards and requirements set forth in Article 4 of this chapter shall apply to all uses in this district as well as expansion, remodeling or change of use to existing structures and uses. SECTION 2. Queensbury Town Code Chapter 179, "Zoning," Attachment 1:1 entitled, "Table 1: Table of Area Requirements," is hereby amended to eliminate the density restriction for Enclosed Shopping Center. SECTION 3. 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 4. 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 5. 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. ZONING 179Attachment I Town of Queensbuly Table 1:Table of Area Requirements [Amended 1-28-2011 by L.L.No.2-2011;3-18-2013 by L.L.No.2-2013;12-16-2013 by L.L.No.7-2013;10-6-2014 by L.L.No.5-2014;4-18-2016 by L.L.No.3-2016;10-17-2016 by L.L.No.7-20161 V Minimum Minimum Setbacks Maximum Building Floor Minimum Lot Road Water Area for Merchandise Minimum Height Area Lot Size Width' Frontage Depth Frontage Clustering Front Side Rear Shoreline Displays Percent Proposed Ratio District Symbol (acres) Density (feet) (feet) (feet) (feet) (acres) (feet) (feet) (feet) (feet) (feet) Permeable (feet) (FAR) Notes Land conservation LC-42A 42 400 400 400 210 100 100 100 200 95% 35 LC-l0A 10 400 400 400 50 100 100 100 200 95% 35 Parkland recreation PR-42A 42 400 400 800 800 210 100 100 100 150 90% 1 35 Rural residential RR-5A 5 400 400 200 25 100 75 100 75 75% 40/35 RR-3A 3 400 400 200 15 100 75 100 75 75% 40/35 Waterfront WR 2 I50 150 — I50 4 30 25,20,15, 30 50/75 75% 28 0.22 residential 12:varies with lot width'* Moderate-density MDR 2 or P 100 100 — 100 2 30 25 30 75 50% 40/35 residential Neighborhood NR 0.5 or 50 50 50 20 10/0 15 50 35% 40/35 residential 10,000 se Recreation RC 15,000 sF 75 75 200 30 20 20 75 30% 35 commercial Commercial CM 1 150 50 200 150 NA 75 20 minimum; 25 75 25 30% 40 0.3 moderate sum 50 Commercial Cl 1 150 50 200 150 NA 75 20 minimum; 25 75 25 30% 40 0.3 intensive sum 50 Commercial CI-I8 1 I50 50 200 NA NA 50.100 20 minimum; 25 75 30% 40-70 30%landscaped Intensive—Exit 18 sum 50" Office 0 Nonresidential:0,5 acre per 250 75 80 75 25 25 75 35% 40 15%landscaped 7,000 square feet of floor area Residential:1 acre per 8 dwelling units Neighborhood NC i acre per principal use or 50 50 100 75 40 20 15 75 30% 30 commercial structure Main Street MS 50 50 75 40-100 0 10 50 5*/r10% 40 5%landscaped varies with lot size's Commercial Light CLI I acre per principal use or 200 100 200 200 50 30 30 75 30% 60 40,000 square feet Industrial structure Total building size cap for retail use only 179 Attachment 1 A 12-o1-2a16 QUEENSBURY CODE Minimum Minimum Setbacks Maximum Minimum Building Floor Minimum Lot Road Water Area for Merchandise Percent Height Area Lot Size Width' Frontage Depth Frontage Clustering Front Side Rear Shoreline Display' Permeabd Proposed Ratio District Symbol (acres) Density (feet) (feet) (feet) (feet) (acres) (feet) (feet) (fact) (feet) (foes) a (feet) (FAR) Notes Light Industrial LI-VF 1 200 200 'NA 50 20 20 75 30% 35 0.3 Veteran's Field Heavy industry HI 3 acres minimum per principal 300 300 400 200 NA 100 50 50 200 30% 50 use or structure Enclosed shopping ESC 500 1 75 200 NA 1 40 30 30 150 20% 70 15%minimum center landscaped urea NOTES: u Minimum lot widths require compliance with access management requirements for shared driveways or double lot width. 2 Thirty-five-foot building height applies within the Adirondack Park. a Two acres of land per residential unit if not connected to public sewer and water systems;one acre of land per residential unit if connected to public water and sewer systems. a Five-tenths acre of land per residential unit if not connected to public sewer and water systems;10,000 square feet of land per residential unit if connected to public sewer and water systems. I Ten feet if buildings not connected or zero if connected. 8 With a minimum of 15,000 square feet of land per 2,000 square feet of floor area. r Setback from the edge of pavement. Accessory structures shall have a maximum height of 16 feet. 9 Seventy-five-foot setback applies to lands in the Rural Use classification in the Adirondack Park.See Zoning Map. io See§179-3.040A(5)(b)[3]. i' A building setback greater than the minimum requirement of 50 feet may allow for a building height greater than the maximum of 40 feet otherwise allowed.See§179-3040B(S)(6)[2]and(9). is See§§179-3-040B(50)[2],1793.040B(5)(b)(9),and 179-7-070A(l)(c). u Buildings shall occupy a minimum of 60%of the build-to lot width as measured by the building facade width divided by the build-to lot width.See§179-3-040B(5)(b)[3]. iIs s §§179-3-040B(5)(b)[10]and 179 3-040B(5)(b)(I11. See§179-3-040B(5)(b)(9). i� See§179-3-040B(5)(b)(11), re Parcels adjacent to residential uses shall require a minimum fifty-foot setback-which shall include at least a twenty-five-foot vegetated buffer. t9 Buildings in excess of 40 feet in height shall have a front setback of 100 feet or greater. 179 Attachment 1:2 12-01-2016 (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.) 1 hereby certify that the local law annexed hereto, designated as local law No. 3' of 20 1 - of the i} XKM99fDWown)(VZ )of Oueensbu y was duly passed by the on 2/27/ 20 1 7 Town Board , 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(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 (Elective Chief Executive Ofhcer*) 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)(§pecial)(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 (Name of Legislative Body) on 20 ,and was(approved)(not approved) (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. *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 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 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 office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the 5nner indicated in paragraph , 1 above. ft Clerk of the y,lgity,,4W 6AAKe Clerk or officer designated by local legislative body (Seal) Date: DOS-02394--1 (Rev.06112) Page 4 of 4 r 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 161h, 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 • r 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 27`h day of February, 2017,by the following vote: AYES Mr. VanNess,Mr. Strough,Mr. Metivier, Mr. Irish NOES None ABSENT : Mr. Clements 3 _ , IGUTM- mCERTIFIED MAIL. RECEIPT (Domestic Mail Only;No Insurance Coverage Provided) For delivery information visit our website at www.usps.corne Ui 7,7 - 0 Q" Postage $ ti�f Cirtitied Fee tJ 1 cl Postmark Return Receipt Fee Here (Endorsement Required) Ci Restrict4d WJvery Fee Q" .(Endorsement Required) m d Total Postage&Fees M Sent To ----------------------------- N Street,Apt.No q or po sox ko-O Q C G' - - i SECTION , SENDER: COMPLETE THIS ■ Complete items 1,2,and 3. A. Signature ■ Print your name and address on the reverse X ❑Agent so that we can return the card to you. ❑Addressee ■ Attach this card to the back of the mailpiece, B. eceiv Na C. Date of Delivery or on the front if space permits. 1. ass differen rot a-t? ❑Yes New York State Dept. of We slivery address below: ❑No One Commerce Plaza 99 Washington Avenue Albany, NY 12231-0001 3. Service Type 0❑ Signature Restricted Delivery ❑Rdeogi eyed Mailestricted ❑Adult Signature ❑Registered Mail Malle 9590 9402 2222 6193 7326 90 rtified Mail Reshicted Delivery ❑Dal, Receipt for ❑Collect on Delivery Merchandise 2. Article -"`r ­;mm ccndr-A fahan ❑Collect on Delivery Restricted Delivery ❑Signature ConfinnationTM ••ail ❑Signature Confirmation 7005 0390 0002 9054 6473 ,V Restricted Delivery Restricted Delivery PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt