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074.2004 RESOLUTION AUTHORIZING AMENDMENT OF ZONING ORDINANCE TO CHANGE CLASSIFICATION OF PROPERTY OWNED BY DOUG AND TERESA MILLER LOCATED ON SOUTH SIDE OF SHERMAN AVENUE, WEST OF NORTHWAY, FROM LI (LIGHT INDUSTRIAL) TO RC-15 (RECREATION COMMERCIAL – 15,000 SQUARE FEET) RESOLUTION NO.: 74, 2004 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Queensbury Town Board is considering a request by Doug and Teresa Miller to amend the Town Zoning Ordinance and Map to rezone property bearing Tax Map No.: 309.5-1-3 located on the south side of Sherman Avenue, immediately west of the Northway in the Town of Queensbury from LI (Light Industrial) to RC-15 (Recreation Commercial – 15,000 Square Feet), and th WHEREAS, on or about June 16, 2003, the Town Board adopted a Resolution authorizing submission of the rezoning application to the Town’s Planning Board for report and recommendation and consenting to the Planning Board acting as Lead Agency for SEQRA review of the project, and rd WHEREAS, on or about December 23, 2003, the Queensbury Planning Board considered the proposed rezoning, adopted a SEQRA Negative Declaration and made a positive recommendation to the Town Board to approve the rezoning application, and th WHEREAS, on or about November 12, 2003, the Warren County Planning Board considered the proposed rezoning application and recommended approval, and WHEREAS, the Town Board duly conducted a public hearing concerning the proposed th rezoning on January 26, 2004, and considered the conditions and circumstances of the area affected by the rezoning, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby amends the Town of Queensbury Zoning Ordinance and Map to rezone property owned by Doug and Teresa Miller bearing Tax Map No.: 309.5-1-3 located on the south side of Sherman Avenue, immediately west of the Northway in the Town of Queensbury from LI (Light Industrial) to RC-15 (Recreation Commercial – 15,000 Square Feet), and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to arrange with a surveyor to update the official Town Zoning Map to reflect this change of zone, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to send a copy of this Resolution to the Warren County Planning Board, Town of Queensbury Zoning Board of Appeals and the Town of Queensbury Planning Board, and BE IT FURTHER, RESOLVED, that the zoning of this parcel shall revert to its current Light Industrial (LI) zone if construction on a project does not commence within 18 months of this Resolution, and BE IT FURTHER, RESOLVED, in accordance with the requirements of the Town of Queensbury Zoning Ordinance Article XIII and Town Law §265, the Town Board hereby authorizes and directs the Town Clerk to publish a certified copy of the zoning changes in the Glens Falls Post-Star within five (5) days and obtain an Affidavit of Publication, and 2 BE IT FURTHER, RESOLVED, that this amendment shall take effect upon filing in the Town Clerk’s Office. th Duly adopted this 26 day of January, 2004, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : Mr. Turner ABSENT: None 3