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481.2004 RESOLUTION ENACTING LOCAL LAW NO.: __ OF 2004 TO AMEND QUEENSBURY TOWN CODE CHAPTER 179 “ZONING” TO AMEND LANGUAGE CONCERNING THE PURPOSE AND ESTABLISHMENT OF PROFESSIONAL OFFICE (PO) ZONES AND THE AMENDMENT OF TOWN CODE TABLES 1, 2 AND 4 CONCERNING RESIDENTIAL USES DEFEATED RESOLUTION NO.: 481, 2004 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town Board wishes to consider adoption of Local Law No.: __ of 2004 to amend Queensbury Town Code Chapter 179 entitled “Zoning,” to: § 1)amend language in Town Code 179-3-040 entitled “Purpose and establishment of zoning districts,” concerning the purpose and establishment of the Professional Office (PO) Zone; 2)amend Town Code Use Tables 1 and 2 to require setbacks for residential uses within the PO Zone to be sited a minimum of 500 feet from Bay Road, Sherman Avenue, Western Avenue or West Mountain Road; 3)amend Town Code Use Tables 1 and 2 to require non-residential uses within the PO Zone to be sited within 1,000 feet of Bay Road, Sherman Avenue, Western Avenue or West Mountain Road; 4)amend Town Code Use Table 2 to provide that personal service businesses are allowed as accessory and subordinate to a professional office and that any service facilities shall be located/housed within the professional office building; and 5)amend Town Code Use Table 4 to clarify the density for multi-family dwelling units and clarify the floor area ratio requirements for office uses; and 1 WHEREAS, this legislation is authorized in accordance with New York State Municipal Home Rule Law §10 and Town Law Article 16, and WHEREAS, a copy of the proposed Local Law has been presented at this meeting and is in form approved by Town Counsel, and th WHEREAS, the Town Board duly held a public hearing on September 13, 2004 and left the th public hearing open for the October 4, 2004 meeting and heard all interested persons, and WHEREAS, as SEQRA Lead Agency, the Town Board has reviewed a Short Environmental Assessment Form to analyze potential environmental impacts of the proposed Local Law, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board, after considering the proposed Local Law, reviewing the Short Environmental Assessment Form and thoroughly analyzing the Local Law for potential environmental concerns, determines that the Local Law will not have a significant effect on the environment and the Town Board hereby authorizes and directs the Town Supervisor to complete the Short Environmental Assessment Form by checking the box indicating that the proposed action will not result in any significant adverse impacts, and BE IT FURTHER, RESOLVED, that the Town Board approves a SEQRA Negative Declaration and authorizes and directs the Town Clerk’s Office and/or Community Development Department to file any necessary documents in accordance with the provisions of the general regulations of the Department of Environmental Conservation, and BE IT FURTHER, 2 RESOLVED, that the Queensbury Town Board hereby enacts Local Law No.: __ of 2004 as presented at this meeting to amend Queensbury Town Code Chapter 179 entitled “Zoning,” to: § 1)amend language in Town Code 179-3-040 entitled “Purpose and establishment of zoning districts,” concerning the purpose and establishment of the Professional Office (PO) Zone; 2)amend the Town Code Use Tables 1 and 2 to require setbacks for residential uses within the PO Zone to be sited a minimum of 500 feet from Bay Road, Sherman Avenue, Western Avenue or West Mountain Road; 3)amend the Town Code Use Tables 1 and 2 to require non-residential uses within the PO Zone to be sited within 1,000 feet of Bay Road, Sherman Avenue, Western Avenue or West Mountain Road; 4)amend Town Code Use Table 2 to provide that personal service businesses are allowed as accessory and subordinate to a professional office and that any service facilities shall be located/housed within the professional office building; and 5)amend the Town Code Use Table 4 to clarify the density for multi-family dwelling units and clarify the floor area ratio requirements for office uses; and BE IT FURTHER, and shall apply to all RESOLVED, that this Local Law shall be effective immediately properties in the Town’s Professional Office zone that have not received all necessary approvals and has not begun construction prior to this Local Law’s effective date, and BE IT FURTHER, 3 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. th Duly adopted this 4 day of October, 2004, by the following vote: AYES : Mr. Strough, Mr. Boor NOES : Mr. Brewer, Mr. Stec, Mr. Turner ABSENT: None 4