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242.2022 Res. Enacting Local Law 7 of 2022 to Amend Chapter 179 Zoning of Qby Town Code RESOLUTION ENACTING LOCAL LAW NO.: 7 OF 2022 TO AMEND CHAPTER 179 "ZONING" OF QUEENSBURY TOWN CODE TO AMEND ZONING MAP FOR TAX MAP PARCEL NO.: 303.15-1-25.2 AND DESIGNATE TAX MAP PARCEL NO.: 303.11-1-4.1 AS AN OPEN DEVELOPMENT AREA RESOLUTION NO.: 242,2022 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, CVE North America, Inc. (CVE) submitted a zoning change application to the Queensbury Town Clerk's Office on or about September 30, 2021 to allow for a change of zoning district designation for a parcel identified as Tax Map No.: 303.15-1-25.2 from Commercial Intensive (CI)to Commercial Light Industrial(CLI), and WHEREAS, by the same application, CVE also requested Queensbury Town Board approval of an open development area for a parcel identified as Tax Map No.: 303.11-1-4.1 as contemplated under New York State Town Law §280-a(4), and WHEREAS, the Town Board wishes to adopt Local Law No.: 7 of 2022 entitled, "A Local Law To Amend Chapter 179 `Zoning' of Queensbury Town Code to Amend Zoning Map for Tax Map Parcel No.: 303.15-1-25.2 and Designate Tax Map Parcel No.: 303.11-1- 4.1 as an Open Development Area,"' and WHEREAS, before the Town Board may amend the 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 Code, and WHEREAS, in accordance with General Municipal Law §239-m, the Town referred the proposed Zoning Law amendments to the Warren County Planning Department on June 9, 2022 to obtain a recommendation before enacting the legislation, and WHEREAS, on or about June 15, 2022 the Warren County Planning Department considered the proposed Local Law and made a recommendation to approve, and WHEREAS, the Town Board, by Resolution No.: 389, 2021, referred the application to the Queensbury Planning Board for SEQRA review and recommendation on the proposed zoning change in accordance with§179-15-040 of the Town Zoning Ordinance, and WHEREAS, at their meeting of May 17th, 2022, the Planning Board issued a favorable recommendation on the proposed zoning change and a SEQRA Negative Declaration, and WHEREAS, the Queensbury Planning Board reviewed the request for Open Development Area designation at their June 21', 2022 meeting, as required by New York State Town Law §280- a(4), and recommended that it be approved, and WHEREAS, the Town Board duly conducted a Public Hearing concerning adoption of Local Law No.: 7 of 2022 on June 27, 2022, heard all interested parties and closed the public hearing, and WHEREAS, the Town Board has considered the conditions and circumstances of the area affected by the proposed Local Law, and WHEREAS, the Town Board wishes to consider adoption of Local Law No.: 7 of 2022 as presented at this meeting, hereinafter referred to as the"legislation," NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby adopts Local Law No.: 7 of 2022 entitled, "A Local Law to Amend Chapter 179, `Zoning' of Queensbury Town Code to Amend Zoning Map for Tax Map Parcel No.: 303.15-1-25.2 and Designate Tax Map Parcel No.: 303.11-1-4.1 as an Open Development Area," in substantially the form presented at this meeting, 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 approved Local Law No.: 7 of 2022 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 submit approved Local Law No.: 7 of 2022 to the New York State Secretary of State for filing, in accordance with the provisions of the Municipal Home Rule Law and acknowledges that the Local Law will take effect immediately upon filing by the Secretary of State, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk, Town Zoning Administrator, Senior Planner and/or Town Counsel to take any other actions necessary to effectuate the intent and provisions of this Resolution. Duly adopted this 27t'day of June, 2022,by the following vote: AYES Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier NOES None ABSENT: None