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resolution 18 pages

On motion of TRUSTEE____________, seconded by TRUSTEE _______, the following resolution was adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York: Resolution #35-2022 WHEREAS, the Village would like to amend Chapter 230 of the Village Code, Zoning, to add provisions related to cannabis shops; and WHEREAS, the Village Board is considering the adoption of Local Law Introductory No. 5 of 2022, which has been drafted for such purposes; and WHEREAS, the Village has completed Part 1 of the Short Environmental Assessment Form (EAF) and a Coastal Assessment Form (CAF), NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The Village Board hereby determines that the Proposed Action is an Unlisted Action. 2. The Village Board hereby declares itself to be the Lead Agency for SEQRA purposes in connection with the Proposed Action. 3. The Village Board hereby issues the EAF and CAF which it has before it in connection with the Proposed Action. 4. The Village Board hereby refers to the Village Planning Board the Draft Law for a report back to the Village Board in accordance with Village law. 5. The Village Board hereby refers the Draft Law, the EAF and the CAF to the Village Waterfront Advisory Committee for a recommendation back to the Village Board in accordance with Village Law. 6. The Village Board hereby refers the Draft Law, the EAF and the CAF the Westchester County Planning Board for review in accordance with law. 7. The Village Board hereby directs Village staff to make any other circulations and notifications regarding the Proposed Action as may be required by law. Dated: March 21, 2022 VILLAGE OF CROTON-ON-HUDSON BOARD OF TRUSTEES LOCAL LAW INTRODUCTORY NO. 5 OF 2022 A LOCAL LAW TO AMEND CHAPTER 230 OF THE CODE OF THE VILLAGE OF CROTON-ON-HUDSON, ZONING, TO UPDATE PROVISIONS RELATED TO CANNABIS SHOPS Be it enacted by the Board of Trustees of the Village of Croton-on-Hudson as follows: Section One. Section 230-4 of the Code of the Village of Croton-on-Hudson is hereby amended to include the following. CANNABIS SHOP A retail outlet selling or distributing any cannabis product, the sale of which requires a license under the provisions of Section 7-A, Cannabis, of the Consolidated Laws of the State of New York. Section Two. Section 230-16 of the Code of the Village of Croton-on-Hudson is hereby amended to read as follows: § 230-16 Central Commercial C-1 District. A. Permitted uses. In a Commercial C-1 District, no building or premises shall be used and no building or part of building shall be erected which is arranged, intended or designed to be used, in whole or in part, for any purpose, except the following: (1) Retail stores and banks, except that no cannabis shop, or vape or tobacco shop shall be permitted within 500 feet of the property line of the Pierre Van Cortlandt Middle School and Croton-Harmon High School and may not be located within 500 feet of any other cannabis shop, or vape or tobacco shop. Section Three. Severability If any section, subsection, clause, phrase or other portion of this Local Law is, for any reason, declared invalid, in whole or in part, by any court, agency, commission, legislative body or other authority of competent jurisdiction, such portion shall be deemed a separate, distinct and independent portion. Such declaration shall not affect the validity of the remaining portions hereof, which other portions shall continue in full force and effect. Section Four. Effective Date This local law shall take effect immediately upon filing in the office of the New York State Secretary of State in accordance with section 27 of the Municipal Home Rule Law. A. INSTRUCTIONS (Please print or type all answers) 1. Applicants, or in the case of direct actions (city, town, village) agencies, shall complete this CAF for proposed actions which are subject to the consistency review law. This assessment is intended to supplement other information used by a (city, town, village) agency in making a determination of consistency. 2. Before answering the questions in Section C, the preparer of this form should review the policies and explanations of policy contained in the Local Waterfront Revitalization Program (LWRP), a copy of which is on file in the (city, town, village) clerk's office. A proposed action should be evaluated as to its significant beneficial and adverse effects upon the coastal area. 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. 1. Type of (city, town, village) agency action (check appropriate response): a) Directly undertaken (e.g. capital construction, planning activity, agency regulation, land transaction) _____________________________________________ b) Financial assistance (e.g. grant, loan, subsidy) ______________________________ c) Permit, approval, license, certification _____________________________________ d) Agency undertaking action ______________________________________________ 2. Describe nature and extent of action: _________________________________________ 3. Location of actions: _______________________________________________________ (street or site description) The Village of Croton-on-Hudson would like to amend Chapter 230 of the Village Code, Zoning, to add provisions related to cannabis shops. The following zoning districts: C-1, C-2, C-1R(A) and C-1R(B) N/A Commercial and mixed-use. C-1, C-2, C-1R(A) and C-1R(B) 7. List and describe any unique or unusual land forms within or contiguous to the project site (i.e. bluffs, dunes, swales, ground depressions, other geological formations): 8. Percent of site which contains slopes of 15% or greater: __________________________ 9. List and describe streams, lakes, ponds or wetlands existing within or contiguous to the project area. Give name and size of each if available: a) b) 10. If an application for the proposed action has been filed with the (city, town, village) a) b) c) d) 11. Will the action be directly undertaken, require funding or approval by a state or federal agency? If yes, which state or federal agency? ___________________________ 12. If the proposed action is a law, or planning or zoning document, SKIP Section “C” and go to Section “E”. YES NO N/A 1. Will the proposed action be located in, or contiguous to, or have a potentially adverse effect upon any of the resource areas identified on the coastal area map: b) Scenic resources of local or statewide significance? c) Natural protective features in an erosion hazard area? If the answer to any question above is "yes", please explain in Section D any measures which will be undertaken to mitigate any adverse effects. N/A N/A Village of Croton-on-Hudson 1 Van Wyck Street, Croton-on-Hudson, NY 10520 271-4848 X YES NO N/A 2. Will the proposed action have a significant effect upon: a) Commercial or recreational use of fish and wildlife resources? _____ _____ _____ b) Scenic quality of the coastal environment? c) Development of future or existing water dependent uses? e) Land or water uses within a small harbor area? i) Structures, sites or districts of historic, archeological or cultural significance to the (city, town, village), State or nation? 3. Will the proposed action involve or result in any of the following: a) Physical alteration of land along the shoreline, land under water or coastal waters? b) Physical alteration of two (2) acres or more of land located elsewhere in the coastal area? c) Expansion of existing public services or infrastructure in undeveloped or low density areas of the coastal area? d) Energy facility not subject to Article VII or VIII of the Public Service Law? e) Mining, excavation, filling or dredging in coastal waters? f) Reduction of existing or potential public access to or along the shore? g) Sale or change in use of publicly-owned lands located on shoreline or under water? h) Development within a designated flood or erosion hazard area? _____ _____ _____ i) Development on a beach, dune, barrier island or other natural feature that provides protection against flooding or erosion? j) Construction or reconstruction of erosion protective structures? _____ _____ _____ k) Diminished surface or groundwater quality? l) Removal of ground cover from the site? 4. Project YES NO N/A a) If project is to be located adjacent to shore: 2. Will public access to the foreshore be provided? 3. Does the project require a waterfront site? 4. Does it supplant a recreational or maritime use? 5. Do essential public services and facilities presently exist at or near the site? 6. Is it located in a flood prone area? 7. Is it located in an area of high erosion? b) If the project site is publicly owned: 1. Will the project protect, maintain and/or increase the level and industrial facilities into coastal facilities? 2. If located in the foreshore, will access to those and adjacent lands be provided? 3. Will it involve the siting and construction of major energy facilities? 4. Will it involve the discharge of effluent from major steam electric generating and industrial facilities into coastal facilities? c) Is the project site presently used by the community neighborhood as an open space or recreation area? d) Does the present site offer or include scenic views or vistas known to be important to the community? e) Is the project site presently used for commercial fishing or fish processing? f) Will the surface area of any waterways or wetland area be increased or decreased by the proposals? g) Does any mature forest (over 100 years old) or other locally important vegetation exist on this site which will be removed by the project? h) Will the project involve any waste discharges into coastal waters? _____ _____ _____ i) Does the project involve surface or subsurface liquid waste disposal? j) Does the project involve transport, storage, treatment or disposal of solid waste or hazardous materials? k) Does the project involve shipment or storage of petroleum products? YES NO N/A l) Does the project involve discharge of toxic hazardous substances or other pollutants into coastal waters? m) Does the project involve or change existing ice management practices? n) Will the project affect any area designated as a tidal or freshwater wetland? o) Will the project alter drainage flow, patterns or surface water runoff on or from the site? p) Will best management practices be utilized to control storm water runoff into coastal waters? q) Will the project utilize or affect the quality or quantity of sole source or surface water supplies? r) Will the project cause emissions which exceed federal or state air quality standards or generate significant amounts of nitrates or sulfates? For questions answered “yes” in Section C, explain methods you will undertake to reduce adverse effects. Review the LWRP to see if the project is consistent with each policy. List policies the project is not consistent with and explain all mitigating actions. (Add any additional sheets necessary to complete this form) The final version of this form shall be sent to the Department of State (New York State Dept. of State, Coastal Management Program, 162 Washington Avenue, Albany, NY 12231) if any question in Section C is answered “yes” and either of the following conditions is met. If assistance or further information is needed to complete this form, please contact the Village Engineer at (914) 271-4783. 3/18/2022 bhealy@crotononhudson-ny.gov 500 Feet from Holy Name of Mary 500 Feet from United Asbury Methodist Church 500 Feet from Saint Augustine Episcopal 500 Feet from Circle School 500 Feet from Happy Hearts 500 Feet from Croton Harmon Union Free School District High School and Middle School 500 Feet from Holy Name of Many Chapel 500 Feet from Happy Hearts II HALF MOON BAY HALF MOON BAY BA Y VIEW TER US-9 MAPLE ST MT AIR Y RD A LBANY POST RD TRUESDALE DR S RIVERSIDE AVE C L E VE L A N D D R OLD PO S T R D S OLD POST R D N N RIVER SID E AVE BATTEN RD P AR K T RL GRAND ST OLCOTT AVE HIGH ST M OR N IN GS ID E D R HASTINGS AVE CROTON POINT AVE BROOK ST YOUNG AVE N O R D IC A D R BRIGGS LN LOUNSBURY RD ELMORE AVE RADNOR AVE ONEIDA AVE PENFIELD AVE GERSTEIN ST SENESQUA RD LE XI N GTO N D R FOX RD VAN WYCK ST PRI CK LY P E AR HIL L RD GATEWAY PLZ WOLF R D CR O TON BEAC H R D IRVING AVE SU N S E T TR L BEEKMAN AV E GEORGIA LN BENEDICT BLVD G LE N G AR Y R D U P P ER N H IGH LA N D P L M O U N T AIN T R L H U N TER PL SC EN IC D R W EST A R R OW C R EST D R AL E X A N D ER LN SUNSET DR FRANKLIN AVE PROSPECT PL W A R R EN R D MELROSE AVE H E SSIAN HILLS RD LO W ER N H IGH L AN D PL EMERSON AVE THOMPSON AVE EKLOF CT R I D GE R D MU N SON ST B U N GA LO W R D KING ST DARBY AVE CO O K L N M U N I C IP A L PL H ARR ISON AVE Q U A K E R B R I D G E R D P A R K A V E PINEY POINT AVE W OO D R D WHELAN AVE A M B E R D R T ER R A C E PL H U D S O N R IV E R DR HA L F M O O N B A Y D R DEVON AVE W EL L S A V E BR O O K TR AIL PALMER AVE GIGLIO CT R IVER V IE W T R L OBSER VAT OR Y D R C ED A R L N HIXSON RD F A R R I N G T O N R D GLEN PL N L E D G E LOOP BALTIC PL DAILEY DR JACOBY ST A RLIN GT ON DR AC K ERMA N C T CHURCH ST W AY N E ST EL M ST HILLSIDE AVE STEVENSON PL H U GH E S S T R EIN H AR D T L N KUNEY ST NILES RD L AR K L N CREST ST LARKIN PL NEW T O N C O URT MT GREEN RD VA N C OR TLA N D T PL HAMILTON AVE BANK ST VALLEY TR L ASCHMAN LN M T AIR Y WO O D S JASPER RD ROBIN LN PROSPECT ST PETER BEET LN BI R C H C T STEP H ANIE LN BARTON PL CLINTON ST CLE V E L AND D R S RIVERSIDE AVE GRAND ST O L D PO S T R D N W E LLS AVE S RIVERSIDE AVE US-9 F I N NEY F A R M R D MORNINGSIDE DR QUAKER BRIDGE RD GRAND ST GRA ND ST M T A IRYR D O'REILLY CT MICHAELS LN WREN LN INDIAN SUMMER DR RED MAPL E RID G E O RI O L E L N MEM O RY LN HILL ST HUDSON ST WALNUT ST LOCONTO ST F U R N A C E D O C K R D OLCOTT AVE ALBANY POST RD AR R O W C R E ST DR ALBANY P OS T RD N RIVERSID E AVE FIN NEY F A R M RD MAPLE ST MT AIRY RD M T A IRY R D LEXINGTON DR CROTON POINT AVE S RIVERSIDE AVE Legend Village Boundary Water Railroad Gateway Overlay Zoning Districts MPGD, Municipal Place NEGD, North End SR/HGD, South Riverside/Harmon ZONING Zone Boundary Zoning Districts C-1, CENTRAL COMMERCIAL C-2, GENERAL COMMERCIAL LI, LIGHT INDUSTRIAL O-1, LIMITED OFFICE O-2, LIMITED OFFICE PRE-1, PARK RECREATION AND EDUCATION PRE-3, PARK RECREATION AND EDUCATION RA-25, ONE FAMILY RESIDENCE RA-40, ONE FAMILY RESIDENCE RA-5, ONE FAMILY RESIDENCE RA-9, ONE FAMILY RESIDENCE RB, TWO FAMILY RESIDENCE RC, MULTIPLE RESIDENCE WC, WATERFRONT COMMERCIAL WDD, WATERFRONT DEVELOPMENT DISTRICT 1,000 1,500 2,000 2,500 Feet NORTH AMERICAN DATUM 1983 US STATE PLANE NEW YORK EAST TOWN OF OSSINING TOWN OF CORTLANDT TOWN OF CORTLANDT TOWN OF NEW CASTLE TOWN OF CORTLANDT TOWN OF CORTLANDT PREPARED BY WILLIAMS ASSOCIATES, LLC. JULY 2004 T O W N O F C O R T L A N D T T O W N O F C O R T L A N D T OFFICIAL ZONING MAP OF THE VILLAGE OF CROTON-ON-HUDSON OFFICIAL ZONING MAP OF THE VILLAGE OF CROTON-ON-HUDSON 0.1 0.2 0.3 0.4 0.05 Miles R A - 5 R A - 5 R A - 5 R A - 5 R A - 2 5 R A - 2 5 R A - 2 5 R A - 2 5 R A - 9 R A - 9 R A - 9 R A - 9 R B R B R B R B R A - 4 0 R A - 4 0 R A - 4 0 R A - 4 0 R C R C R C R C W C W C W C W C R A - 4 0 R A - 4 0 R A - 4 0 R A - 4 0 W D D W D D W D D W D D R A - 2 5 R A - 2 5 R A - 2 5 R A - 2 5 R C R C R C R C 0 - 1 0 - 1 0 - 1 0 - 1 P R E - 1 P R E - 1 P R E - 1 P R E - 1 P R E - 1 P R E - 1 P R E - 1 P R E - 1 P R E - 3 P R E - 3 P R E - 3 P R E - 3 C - 2 C - 2 C - 2 C - 2 C - 1 C - 1 C - 1 C - 1 O - 2 O - 2 O - 2 O - 2 W C W C W C W C L I L I L I L I C R O T O N B A Y R A - 4 0 R A - 4 0 R A - 4 0 R A - 4 0 (REVISION DATE : JULY 2004) Local Law 5-2003 (12/15/03) : 78.08-3-58, C-2 to RB Local Law 3-2004 (03/15/04) : Gateway Overlay Zone Law Local Law 4-2004 (04/07/04) : 67.20-3-23, RA-40 to RC ZONING MAP AMENDMENTS JANUARY 2005 Cluster Subdivisions1: 1. Baltic Estates 2. Arrowcrest 3. Riverlanding 4. 156-162 Maple St 1 See approval resolutions and subdivision maps for zoning bulk regulations and other conditions of approval Local Law 1-2012 (6/4/12) : 79.13-1- (5,6,7,9,60,61,62,63,64,65,66,68,69,70,71,72,73,74,75,85,86,87, 88,89,90); 79.13-2- (5,6,18,19,20,21,22,22.1,23,24,25,26,27,28,29,30,31,32,33) Expansion of Harmon/South Riverside Gateway Overlay District H/SRGD, Harmon/South Riverside (REVISION DATE: MAY 2010) W EST O-2 O'Riley ZONING MAP CORRECTIONS CORRECTION (5/21/10) 67.10-2-5 RA-25 to O-2 CORRECTION (3/19/2014) 79.05-1-61 RB to C-1 POS T R POS T R PRE-1 PRE-3 (Westchester County Croton Point Park) RA-60, ONE FAMILY RESIDENCE PRE-1 PRE-1 IN Y P R P R P R P R Y R ZONING MAP AMENDMENTS Local Law 2 of 2014 (11/3/14): Parcels rezoned to RA-60: 67.08-2-1,67.08-2-2, 67.10-2-6, 67.10-2-9, 67.10-2-10, 67.12-1-6, 67.12-1-7, 67.12-1-11, 67.12-1-12, 67.14-3-1, 67.14-3-1.1, 67.14-3-2, 67.14-3-3, 67.14-3-4, 67.14-3-5, 67.14-3-7, 67.14-3-8, 67.14-3-10, 67.14-3-11, 67.14-3-12, 67.14-3-13, 67.15-1-4, 67.15-1-7, 67.15-1-8, 67.15-1-11, 67.15-1-14, 67.16-1-1, 67.18-1-1, 67.18-1-2, 67.19-1-1, 67.19-1-2, 67.19-1-3, 67.19-1-4, 67.19-1-4.01, 67.19-1-4.02, 67.19-1-4.03, 67.19-1-7; Parcels Rezoned to PRE-1: 67.10-1-1, 67.11-1-1, 67.11-1-2, 67.11-1-21, 67.12-1-5; Parcel Rezoned to PRE-3: 89.12-1-1 APRIL 2021) Y O'RILEY CT Y CT Y CT Y CT RA-60 RA-60 RA-60 RA-60 RA-60 RA-40 RA-40 RA-40 RA-40 RA-40 RA-40 RA-40 Local Law 11 of 2015 (Filed 12/7/15): Parcel rezoned to C-1 and added to North End Gateway Overlay District: 67.10-2-2 (1 Baltic Place) C-1 Local Law 3 of 2016 (Approved 5/9/16): Parcel rezoned from O-2 to RA-25: 67.10-2-5 (120 Scenic Drive West) RA-40 CORRECTION (1/10/17) 67.20-4-38.1 shown as RA-40 CORRECTION (1/14/19) 68.18-1-43 shown as PRE-1 C-1R(B), RIVERSIDE TRANSITION C-1R(A), RIVERSIDE COMMERCIAL C-1R(B) C-1R(A) Local Law 5 of 2020 (Approved 3/2/20): Parcels rezoned from C-1 to C-1R(A): 78.08-3-60,78.08-3-61, 78.08-3-62, 78.08-3-63, 78.08-3-64, 78.08-3-72, 78.08-3-76, 78.08-3-77, 78.08-3-78, 78.08-3-79, 78.08-3-80, 78.08-3-81 Parcels rezoned from C-2 to C-1R(A): 78.08-3-59 Parcels rezoned from C-1 to C-1R(B): 67.2-4-37, 67.2-4-38, 67.2-4-39, 67.2-4-40, 78.08-5-40, 78.08-5-41, 78.08-5-42, 78.08-5-43, 78.08-5-59, 78.08-5-60 Parcels rezoned from C-1 to RB: 78.08-3-1, 78.08-3-2, 78.08-3-3, 78.08-3-4, 78.08-3-5, 78.08-3-6, 78.08-3-7, 78.08-3-8, 78.08-3-65, 78.08-3-66, 78.08-3-67 Parcels rezoned from C-2 to RB: 78.08-3-56, 78.08-5-30, 78.08-5-33, 78.08-5-37 Area most likely to permit cannabis shops under current state law and existing vape/ tobacco shop Village law. Highlighted zones above allow for retail shops as a permitted use. SECTION 72 Adult-use retail dispensary license Cannabis (CAN) CHAPTER 7-A, ARTICLE 4 § 72. Adult-use retail dispensary license. 1. A retail dispensary license shall authorize the acquisition, possession, sale and delivery of cannabis from the licensed premises of the retail dispensary by such licensee to cannabis consumers. 2. No person may have a direct or indirect financial or controlling interest in more than three adult-use retail dispensary licenses issued pursuant to this chapter. 3. No person holding a retail dispensary license may also hold an adult-use cultivation, processor, microbusiness, cooperative or distributor license pursuant to this article or be registered as a registered organization pursuant to article three of this chapter, except for such organizations licensed pursuant to sections sixty-eight-a and sixty-eight-b of this article. 4. No retail license shall be granted for any premises, unless the applicant shall be the owner thereof, or shall be able to demonstrate possession of the premises within thirty days of final approval of the license through a lease, management agreement or other agreement giving the applicant control over the premises, in writing, for a term not less than the license period. 5. With the exception of delivery or microbusiness licensees, no premises shall be licensed to sell cannabis products, unless said premises shall be located in a store, the principal entrance to which shall be from the street level and located on a public thoroughfare in premises which may be occupied, operated or conducted for business, trade or industry. 6. No cannabis retail licensee shall locate a storefront within five hundred feet of a school grounds as such term is defined in the education law or within two hundred feet of a house of worship.