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ENACTWNTRCHAPTER 179-12-010—Change in Permitted Uses for PUDS—9-24-12
RESOLUTION ENACTING LOCAL LAW NO.: 5 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. , 2012
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
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.: 5 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 Department, 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, the Town Board is duly qualified to act as lead agency and accepts lead agency
status for compliance with the State Environmental Quality Review Act (SEQRA) which requires
environmental review of certain actions undertaken by local governments, and
WHEREAS, the proposed action is a Type I action under SEQRA in accordance with §179-
15-060 of the Town Zoning Law, and
WHEREAS, on or about August 29th, 2012 the Warren County Planning Department
considered the proposed Local Law and determined that there would be no County impact, and
WHEREAS, on or about September 18th, 2012 the Town of Queensbury Planning Department
considered the proposed Local Law and determined that it was not yet prepared to make a formal
recommendation, and
WHEREAS, the Town Board duly held a public hearing on Monday, September 24th 2012
and heard all interested persons, and
WHEREAS, a copy of the proposed Local Law has been presented at this meeting and is in
form approved by Town Counsel,
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NOW,THEREFORE,BE IT
RESOLVED, that the Queensbury Town Board, after considering the proposed action,
reviewing the Full Environmental Assessment Form and thoroughly analyzing the action for potential
environmental concerns, determines that the legislative amendment will not have any significant effect
on the environment, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor to
complete the Full Environmental Assessment Form by checking the box indicating that the proposed
action will not result in any significant adverse environmental impacts, and
BE IT FURTHER,
RESOLVED, that the Town Board approves of a SEQRA Negative Declaration or
determination that no Environmental Impact Statement is necessary and authorizes and directs the
Town Clerk's Office to file any necessary documents in accordance with the provisions of the SEQRA
regulations of the Department of Environmental Conservation, and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board hereby enacts Local Law No.: 5 of 2012 to
amend Queensbury Town Code Chapter 179 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;
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as 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 Local Law to the Town Planning Board, Town
Zoning Board of Appeals, Zoning Administrator and 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 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.
Duly adopted this 2e day of September, 2012,by the following vote:
AYES
NOES :
ABSENT:
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