245.2012 Set PH Amend Zoning Queensbury Partners RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW
NO._OF 2012 TO AMEND QUEENSBURY TOWN CODE CHAPTER 179
"ZONING" §179-12-010(A)(3) and §179-12-020(B) AS REQUESTED IN
PETITION FOR CHANGE OF ZONE SUBMITTED BY QUEENSBURY
PARTNERS, LLC
RESOLUTION NO.: 245, 2012
INTRODUCED BY: Mr.Ronald Montesi
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Tim Brewer
WHEREAS, the Queensbury Town Board has received a Petition for Change of Zone from
Queensbury Partners, LLC to change the Town's Zoning Law to allow submission of a Planned Unit
Development (PUD) application in the Office Zone and to limit such PUD's in the Office Zone to
properties of no less than 30 acres, and
WHEREAS, the Town Board wishes to accordingly consider amendment of the Queensbury
Town Code in the following Town Code sections:
A. §179-12-010(A)(3) to allow PUDs in the Office Zone; and
B. §179-12-020(B) to provide that the Town Board shall not consider PUD projects
in the Office Zone with less than the 30 acre absolute minimum acreage; and
WHEREAS, the Town Board wishes to consider adoption of Local Law No.: of 2012 to
accordingly amend Queensbury Town Code Chapter 179 "Zoning," in accordance with the proposed
zoning revisions presented at this meeting, and
WHEREAS, in accordance with General Municipal Law §239-m, before enacting the
legislation the Town must first refer the proposed Local Law and obtain a recommendation from the
Warren County Planning Board, and
WHEREAS, the proposed zoning revisions must undergo an environmental review pursuant to
the State Environmental Quality Review Act(SEQRA)prior to adoption and enactment, and
WHEREAS, the Town Board wishes to be Lead Agency for the required SEQRA
environmental review and has a completed Part 1 of a Full Environmental Assessment Form(EAF) as
prepared by the applicant, Queensbury Partners,LLC for use in the environmental review, 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 therefore the Town Board wishes to set a
Public Hearing concerning adoption of this Local Law,
NOW,THEREFORE,BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Clerk
or Senior Planner to forward a copy of the proposed Local Law to Amend Queensbury Town Code
Chapter 179 "Zoning" §179-12-010(A)(3) and §179-3-020(B) to the Warren County Planning
Department for its review and recommendation, and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board hereby declares its intention to be Lead
Agency for SEQRA review of the proposed zoning revisions/Local Law and directs the Town Clerk to
send a copy of the proposed zoning revisions/Local Law, together with a copy of the completed Part 1
of the Full EAF, and a certified copy of this Resolution stating the Town Board's intention to be Lead
Agency for SEQRA review to any other Involved Agencies as required by law, and
BE IT FURTHER
RESOLVED, that the Town Board shall meet and hold a Public Hearing at the Queensbury
2
Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday, September 2e, 2012 to hear
all interested persons concerning proposed Local Law No.: of 2012 to Amend Queensbury Town
Code Chapter 179"Zoning,"and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to provide
the public with at least 10 days' prior notice of the Public Hearing by causing a Notice of Public
Hearing to be timely published in the Post-Star, the Town's official newspaper, and by posting the
Notice of Public Hearing on the Town's bulletin board at least 10 days before the date of the Public
Hearing, and
BE IT FURTHER
RESOLVED, that the Town Board further authorizes and directs the Town Clerk to send the
Notice of Public Hearing, together with copies of the proposed zoning revisions/Local Law, if
necessary, to any public officials, agencies or municipalities, in accordance with New York State Town
Law §265 and any other applicable State Laws or Town Code provisions, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Clerk to make a
copy of the proposed zoning revisions available for public inspection during regular business hours of
the Clerk's office, and
BE IT FURTHER
RESOLVED, that the Town Board further authorizes and directs the Town Clerk, Town
Supervisor, Senior Planner and/or Town Counsel to take such other actions and give such other notice
as may be necessary in preparation for the Town Board to lawfully adopt proposed Local Law No.
3
of 2012.
Duly adopted this 20th day of August,2012,by the following vote:
AYES Mr .Montesi,Mr. Brewer,Mr.Metivier
NOES Mr. Strough,Mr. Stec
ABSENT: None
4