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2.1 2.1 LOCAL LAWSTNACTMENT1ChapterI79-Zoning-Table 4—Interior Storage CLI-AREC 34(UHaul—7-6-2020 RESOLUTION ENACTING LOCAL LAW NO.: OF 2020 TO AMEND CHAPTER 179 "ZONING" OF QUEENSBURY TOWN CODE TO AMEND PERMITTED USES IN THE COMMERCIAL LIGHT INDUSTRIAL ZONING DISTRICT RESOLUTION NO.: ,2020 INTRODUCED BY: WHO MOVED ITS ADOPTION SECONDED BY: WHEREAS, AREC 34, LLC, (Applicant) submitted a petition to allow for the addition of Interior Self Storage as an allowable use by Special Use Permit in the Commercial Light Industrial 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.: 56,2020,the Town Board accordingly authorized the Town Clerk to forward the Applicant's Petition for Change of Zone Application to the Planning Board for NYS Environmental Quality Review Act(SEQRA) review, report and recommendation,and WHEREAS, the Town Planning Board adopted a Resolution on January 28, 2020 seeking and accepting Lead Agency status for SEQRA review; and WHEREAS, at their February 25, 2020 meeting the Planning Board adopted Resolutions declaring a SEQR Negative Declaration and making a favorable recommendation on the petitioned zoning change, and WHEREAS, an error was subsequently found in the Planning Board SEQRA review; and WHEREAS, at their May 27, 2020 meeting the Planning Board corrected the SEQRA review error by Resolution and adopted an additional Resolution reaffirming their positive recommendation on the petitioned zoning change, and WHEREAS, by Resolution No.: 214,2020 the Town Board accordingly authorized the Community Development Department to forward the Applicant's Petition for Change of Zone application to the Warren County Planning Department for GML 239-m review, and WHEREAS, the Warren County Planning Department responded on June 29, 2020 with a Determination of"No County Impact,"and WHEREAS, the Town Board wishes to consider adoption Local Law No.: _of 2020 to amend Chapter 179 "Zoning" of Queensbury Town Code to amend permitted uses in the Commercial Light Industrial zoning district substantially in the form presented at this meeting, hereinafter referred to as the"legislation,"and WHEREAS, Municipal Home Rule Law §20 requires the Town Board to hold a Public Hearing prior to the adoption of any Local Law and the Town Board duly conducted a public hearing, heard all interested parties and closed the public hearing concerning the legislation on Monday, July 6"', 2020, and WHEREAS, the Town Board has considered the conditions and circumstances of the legislation, NOW,THEREFORE, BE IT 2 RESOLVED, that the Town Board hereby adopts Local Law No.: — of 2020, "A Local Law to Amend Chapter 179 `Zoning' of Queensbury Town Code to Amend Permitted Uses in the Commercial Light Industrial Zoning District,"and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the 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, Town Zoning Administrator and Warren County Planning Department 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 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. Duly adopted this 6`"day of July, 2020,by the following vote: AYES: NOES: ABSENT: 3 Chapter 179-Zoning-Table 4—Interior Storage CLI—AREC 34(UHaul)—7-6-2020 LOCAL LAW NO.: OF 2020 A LOCAL LAW TO AMEND CHAPTER 179 "ZONING" OF QUEENSBURY TOWN CODE TO AMEND PERMITTED USES IN THE COMMERCIAL LIGHT INDUSTRIAL ZONING DISTRICT BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURYAS FOLLOWS: Section 1. Intent; Authority - The Town Board wishes to amend its Zoning Code regarding interior storage facilities. This Local Law is adopted in accordance with New York State Municipal Home Rule Law. Section 2. Amendment of Zoning Law - Chapter 179 of the Queensbury Town Code entitled, "Zoning" and known as the"Town of Queensbury Zoning Law" is hereby amended as follows: A. Attachment 4 entitled, "Table 4: Summary of Allowed Uses in Industrial Districts," is hereby amended as follows: Veteran's Field Commercial Heavy Light Industrial Light Industrial Industrial Industrial Use Table VF-LI CLI HI Storage facility, SUP interior 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. Note: Language in bold italics is new language to be added. i ZONING 179 Attachment 4 Town of Queensbury Table 4: Summary of Allowed Uses in Industrial Districts (Amended 4-19-2010 by L.L.No. 7-2010; 1-28-2011 by L.L. No.2-2011; 2- 27-2012 by L.L.No.3-2012; 2-22-2016 by L.L.No. 1-2016; 7-6-2020 by L.L. No._-20201 KEY PU = Permitted Use SPR = Site Plan Review Use SUP = Special Use Permit Blank = Not Permitted Veteran's Field Commercial Light Heavy Light Industrial Industrial Industrial Industrial Use Table VF-LI CLI HI Adult use establishment SUP Agricultural service use SPR Asphalt plant SPR Assembly operation/use PU3 Automobile service SPR Building supply/lumberyard SPR Bus storage facility SPR Business service SPR Cement manufacturing SPR Chemical plant SPR Construction company SPR Distribution center SPR Electric power plant SPR Food service SPR' SPR Fuel supply depot SPR Funeral home SPR Health-related facility SPR Heavy equipment SPR storage/sales/sery ices Heavy industry SPR Junkyard SUP Note: Language in bold italics is new language to be added. QUEENSBURY CODE Veteran's Field Commercial Light Heavy Light Industrial Industrial Industrial Industrial Use Table VF-LI CLI HI Kennel SUP Light manufacturing SPR SPR Limousine service SPR Logging company SPR Mineral extraction SUP Mobile home' Pul Office, large SPR Office, small SPR Parking structure SPR SPR Public or semipublic building SPR Railroad service or repair facility SPR Recycling center SUP SPR Repossession business SPR Research and development facility PU3 SPR Retail SPR' Sand and gravel processing SPR Sawmill, chipping and pallet mill SUP SPR School SPR Self-storage facility SPR Storage facility, interior SUP Telecommunications tower SPR SPR Truck depot SPR SPR TV or radio station SPR SPR Veterinary clinic SPR Warehouse SPR SPR Wholesale business SPR ' Allowed within those portions of the district falling within the Mobile Home Overlay District. See zoning map. Additional regulations apply. Drive-through windows are not allowed. See the findings statement for the Veteran's Field Industrial Park environment impact statement for provisions relating to this district. Commercial uses such as retail and services are allowed with certain restrictions as to size and location. Note: Language in bold italics is new language to be added. Town of Queensbury Community Development Office 742 Bay Road, Queensbury, NY 12804 Town of Queensbury Planning Board SEAR RESOLUTION—Reaffirm Previous SEQR Site Plan 4-2020 & Special Use Permit 1-2020 AREC 34, LLC - UHAUL Tax Map ID: 303.19-1-71 /Property Address: 308 Dix Avenue The applicant proposes: SEAR: Applicant proposes to convert 65,850 sq. ft. of an existing 170,130 sq. ft. building into climate controlled self-storage with 641 units and some retail/rental space and to add 10 drive-up self-storage buildings with a total of 147 units. Other site modifications include repairs to existing curbing and catch basins and the removal of brush from existing stormwater management areas. Petition for Zone Change: Project includes a Town Board referral for zoning language change for allowable uses in the Commercial Light Industrial zone to include interior self-storage and to be consistent with the Neighborhood Commercial that allows interior self-storage projects, projects would be subject to site plan and special use permit. Pursuant to Chapter 179-15-040, the Town Board may refer proposed zoning amendments to the Planning Board for recommendation and pursuant to Chapter 179-3-040 of the Zoning Ordinance, a new commercial use shall be subject to Planning Board review and approval. The Planning Board has determined that the proposed project and Planning Board action is subject to review under the State Environmental Quality Review Act; The proposed action considered by this Board is Type I in the Department of Environmental Conservation Regulations implementing the State Environmental Quality Review Act and the regulations of the Town of Queensbury; Part 1 of the Long EAF has been completed by the applicant; Whereas,the Planning Board adopted SEQRA determination of non-significance on 02/25/2020, and Upon review of the information recorded on the EAF, it is the conclusion of the Town of Queensbury Planning Board as lead agency reaffirms that this project will result in no significant adverse impacts on the environment, and, therefore, an environmental impact statement need not be prepared. Accordingly, this negative declaration is issued. MOTION TO REAFFIRM NEGATIVE DECLARATION FOR THE PROPOSED SITE PLAN 4-2020 & SPECIAL USE PERMIT 1-2020 AREC 34, LLC /UHAUL. Introduced by Mr. Deeb who moved for its adoption, seconded by Mr. Hunsinger; Duly adopted this 271h day of May, 2020 by the following vote: AYES: Mr. Magowan, Mr. Valentine, Mr. Shafer, Ms. White, Mr. Hunsinger, Mr. Deeb, Mr. Traver NOES: NONE Phone: 518.761.8220'Fax: 518,745.4437 1742 Bay Road,Queensbury,NY 12804 1 www.queensbury.net Town of Queensbury Community Development Office 742 Bay Road, Queensbury, NY 12804 Town of Queensbury Planning Board RESOLUTION -Planning Board Recommendation to the Town Board for Zoning change AREC 34, LLC - UHAUL Tax Map ID: 303.19-1-71 /Property Address: 308 Dix Avenue Whereas, an application has been made to the Town of Queensbury Town Board for a zoning change. The Town Board referred this application to the Planning Board for an advisory recommendation pursuant to Section 179-15-020; Whereas, the applicant proposes a zoning language change for allowable uses in the Commercial Light Industrial zone to include interior self-storage and to be consistent with the Neighborhood Commercial zone that allows interior self-storage. Whereas, the Planning Board will review the applicant's site plan for parcel 303.19-1-71 pursuant to the requirements of Section 179-9-020, and special use permit Section 179-10; The proposed action considered by this Board is Type I in the Department of Environmental Conservation Regulations implementing the State Environmental Quality Review Act and the regulations of the Town of Queensbury; Whereas, the State Environmental Quality Review Act has been completed by the Queensbury Planning Board and has issued a negative declaration; Whereas, the Planning Board adopted a resolution to make a recommendation to the Town Board as favorable for Zoning request on 02/25/2020; Now, therefore, be it resolved, that we find the following: MOTION TO REAFFIRM RECOMMENDATION TO THE TOWN BOARD AS FAVORABLE FOR ZONING REQUEST; 1)The recommendation now includes a recommendation in regards to exterior overhead doors where (may be limited to no more than three) in the Commercial Light Industrial zone not to be used to directly access storage units —purpose to unload or load items from a storage unit located in the building and brought to the exterior overhead doors Introduced by Mr. Deeb who moved its adoption, and Motion seconded by Mr. Magowan. Duly adopted this 271h day of May, 2020 by the following vote: AYES: Mr. Valentine, Mr. Shafer, Mr. Hunsinger, Ms. White, Mr. Magowan, Mr. Deeb, Mr. Traver NOES: NONE Phone: 518.761.8220 j Fax: 518.745,4437 742 Bay Road.Queensbury. NY 12804 1 www.queensbury.net WARREN COUNTY PLANNING AGENCY Notice: Due to the emergency situation relating to COVID-19, some Warren County staff are working from home. During this time, I am unable to use the form commonly used for County Planning Recommendations. At this time, this letter shall serve as fulfillment of General Municipal Law 239-m. Should you have any questions, contact Chris Belden at beldenc .warrencountyny.gov. Municipality: Queensbury Action: Local Law Applicant: Town of Queensbury Tax I D#: N/A Application#: LL-2020-3-QBY Current Zoning: CLI Request: Amend Zoning Code to permit additional uses in the Commercial Light Industrial Zone. Received: June 17, 2020 Reviewed: June 29, 2020 Determination: No County Impact Informal Staff Comments: Local Decision/Action: Local Comments: Local Official Signature/Date: Signature by Warren County Planning Agency: Chrlatopher lfi.`Belden,719CP 6/29/2020