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471.2022 Setting PH Proposed LL Amend Ch 179 Zoning Qby Town Code Amend Zoning Map Change Zoning Dist Tax Map 302.5-1-49 RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCALLAW NO. OF 2023 TO AMEND CHAPTER 179 "ZONING" OF QUEENSBURY TOWN CODE TO AMEND ZONING MAP TO CHANGE ZONING DISTRICT DESIGNATION FOR TAX MAP PARCEL NO.: 302.5-1-49 RESOLUTION NO.: 471, 2022 INTRODUCED BY: Mr. Harrison Freer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, Garden World Associates, LLC (GWA) submitted a zoning change application to the Queensbury Town Clerk's Office on or about September 7, 2022 to allow for a change of zoning district designation for a parcel identified as Tax Map No: 302.5-1-49 from Moderate Density Residential (MDR) to Commercial Intensive (CI), and WHEREAS, GWA has also submitted an application to the Planning Board for Site Plan Review approval to construct a new parking area on said parcel to support the adjacent business, and WHEREAS, GWA has also submitted an application to the Zoning Board of Appeals regarding permeability requirements of the proposed development of the subject lot in consolidation with the adjacent business, and WHEREAS, the Town Board, by Resolution No.: 334, 2022, referred the application to the Queensbury Planning Board for SEQRA review and recommendation of the proposed zoning changes in accordance with §179-15-040 of the Town Zoning Ordinance, and WHEREAS, at their meeting of November 29, 2022, the Planning Board accepted SEQRA Lead Agency status and issued a Negative Declaration, and WHEREAS, at the same meeting, the Planning Board also issued a favorable recommendation on the proposed zoning change, and WHEREAS, the Town Board, by Resolution No.: 334, 2022, also referred the application to the Warren County Planning Department for NYS GML §239-m review, and WHEREAS, on December 15, 2022 the Town received a recommendation from the Warren County Planning Department dated 9/15/2022 to approve the proposed zoning changes, and WHEREAS, the Town Board wishes to consider adoption of Local Law No.: of 2023 to change the zoning district designation for a portion of a parcel identified as Tax Map No.: 302.5- 1-49 from Moderate Density Residential (MDR) to Commercial Intensive (CI) as presented at this Town Board meeting, including a proposed revision to the Town's Zoning Map associated with the Zoning Code (collectively, the "proposed zoning revision"), and WHEREAS, Municipal Home Rule Law §20 requires the Town Board to hold a public hearing prior to the adoption of any Local Law, NOW, THEREFORE, BE IT RESOLVED, that the Town Board shall meet and hold a Public Hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday, January 23ra 2023 to hear all interested persons concerning the proposed revisions to the Town's Zoning Code and enactment of"Local Law No.: of 2023 A Local Law To Amend Chapter 179 `Zoning' of Queensbury Town Code to Amend Zoning Map to Change Zoning District Designation For Tax Map Parcel No.: 302.5-1-49,"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 Town's official newspaper and by posting the Notice of Public Hearing on the Town's web site and 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 copies of the Notice of Public Hearing, together with copies of the proposed zoning revisions, if required, to any public officials, agencies or municipalities, in accordance with any 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 (including a proposed revision to the Town's Zoning Map associated with the Zoning Code) available for public inspection during regular business hours of the Clerk's office, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Town Clerk, Director of Planning, Zoning and Code Enforcement, 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.: of 2022. Duly adopted this 191h day of December, 2022, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES None ABSENT: None