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172.2020 Setting PH - Proposed LL - Amend Chapter 179 Zoning - Revise Establishment of Zoning Districts and Loading Regulations RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW TO AMEND CHAPTER 179 “ZONING” OF QUEENSBURY TOWN CODE TO REVISE §179-3-040 “ESTABLISHMENT OF ZONING DISTRICTS” AND §179-4-090 “PARKING & LOADING REGULATIONS” RESOLUTION NO.: 172, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, Aviation Mall Newco, LLC, (Applicant) submitted a petition to allow for the addition of multi-family residential uses as allowed by Site Plan Review and to amend parking and subdivision requirements in the Enclosed Shopping Center (ESC) zoning district, and WHEREAS, applications for zoning code changes are forwarded to the Town Planning Department and Planning Board for recommendations in accordance with §179-15-040 of the Town Zoning Law and following such recommendations, the Town Board reviews the applications and takes such other action as it shall deem necessary and proper, and WHEREAS, by Resolution No.: 116,2020, the Town Board accordingly authorized the Town Clerk to forward the Applicant’s Petition for Change of Zone Application to the Planning Board for report and recommendation, and WHEREAS, the Town Planning Board reviewed such Application and submitted comments to staff that were summarized and forward to the Town Board by staff on April 15, 2020, and WHEREAS, the Town Board wishes to consider adoption of proposed Local Law No.: __ of 2019 to amend Queensbury Town Code Chapter 179 to reflect such changes as set forth above, and WHEREAS, before the Town Board may amend, supplement, change, or modify its Zoning Code, 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 Laws, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, May th 18, 2020 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties concerning adoption of Local Law No.: ___ of 2020 to amend Chapter 179 “Zoning” of Queensbury Town Code to revise §179-3-040 “Establishment of Zoning Districts” and §179-4-090 “Parking & Loading Regulations”, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk’s Office to provide 10 days notice of the public hearing by publishing a Notice of Public Hearing in the Town’s official newspaper and posting the Notice on the Town’s bulletin board, and BE IT FURTHER, RESOLVED, in accordance with Town Zoning Law §179-15-070(C), as the proposed rezoning involves less than 30 parcels, the Town Board further authorizes and directs the Community Development Department to provide the Town Clerk’s Office with a list of all property owners located immediately within and immediately adjacent to the ESC District proposed to be rezoned so that the Town Clerk’s Office may send the Notice of Public Hearing to the applicant as well as the property owners of record, and BE IT FURTHER, RESOLVED, that the Town Board further directs the Community Development Department to forward the petition to the Warren County Planning Department for its review and comment in accordance with New York State General Municipal Law §239-M, and 2 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk’s Office to send the Notice of Public Hearing to the Clerk of the Warren County Board of Supervisors, Warren County Planning Department and other communities or agencies that it is necessary to give written notice to in accordance with New York State Town Law §265, the Town’s Zoning Regulations and the Laws of the State of New York. th Duly adopted this 4 day of May, 2020, by the following vote: AYES : Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES : None ABSENT: None 3