Legislation Details

File #: TMP -292    Version: 1
Type: Resolution Status: Adopted
File created: 12/13/2023 In control: City Council
On agenda: 12/13/2023 Final action: 12/13/2023
Title: City Council: A resolution of the City of Mount Vernon City Council designating itself as the lead agency for proposed zoning amendments regarding cannabis legislation, referring the amendments to the City Corporation Counsel, City Planning Board, and Westchester County Planning Board, and scheduling a public hearing.
Sponsors: FP
Attachments: 1. Referral - Cannibas Legislation.pdf

A RESOLUTION OF THE CITY OF MOUNT VERNON

CITY COUNCIL DESIGNATING ITSELF AS THE LEAD

AGENCY FOR PROPOSED ZONING AMENDMENTS

REGARDING CANNABIS LEGISLATION, REFERRING

THE AMENDMENTS TO THE CITY CORPORATION

COUNSEL, CITY PLANNING BOARD, AND

WESTCHESTER COUNTY PLANNING BOARD, AND

                       SCHEDULING A PUBLIC HEARING                     

 

WHEREAS, the City Council of the City of Mount Vernon proposes to amend Chapter 267 (Zoning) of the Code of the City of Mount Vernon (“Code”) to enact Article XIV entitled “Cannabis,” and to amend Code Section 267-20 to identify in which nonresidential zoning districts cannabis dispensaries and consumption sites are permitted in the City of Mount Vernon; and

 

WHEREAS, the City Council finds that it is necessary and desirable, as a matter of public policy, to regulate cannabis-related uses in the City of Mount Vernon, as authorized by Section 131(B) of the Cannabis Law of the State of New York; and

 

WHEREAS, the City Council, in conjunction with its Staff, prepared a draft “Local Law To Amend Chapter 267 (Zoning) Of The Code Of The City Of Mount Vernon To Regulate Cannabis Retail Dispensaries And Consumption Sites” (“Code Amendment”), a copy of which is annexed to this Resolution; and

 

WHEREAS, the Code Amendment is classified as an Unlisted Action under the New York State Environmental Quality Review Act and its implementing regulations, 6 N.Y.C.R.R. Part 617 (“SEQRA”); and 

 

WHEREAS, the City Council desires to designate itself as Lead Agency for the uncoordinated review of the Code Amendment under SEQRA pursuant to 6 N.Y.C.R.R. Section 617.6(b)(1); and  

                                          

WHEREAS, the City Council is required to refer the Code Amendment to the Corporation Counsel and Planning Board for their respective reviews and reports pursuant to Section 267-59 of the Code; and

 

WHEREAS, Section 267-59 of the Code requires the Corporation Counsel and the Planning Board to report its recommendations to the City Council with respect to the Code Amendment within 30 days after referral; and

 

WHEREAS, the City Council is also required to refer the Code Amendment to the Westchester County Planning Board pursuant to Section 267-62 of the Code, and Section 239-m of the General Municipal Law; and

 

WHEREAS, the City Council is desirous of scheduling a Public Hearing on the Zoning Amendment for January 10, 2024, pursuant to Section 267-60 of the Code.

 

NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby designates itself as Lead Agency for review of the Code Amendment under SEQRA; and

 

BE IT FURTHER RESOLVED, that the City Council authorizes the City Clerk to refer the Code Amendment to the City of Mount Vernon Corporation Counsel and Planning Board for their respective reports pursuant to Section 267-59 of the Code; and be it

 

BE IT FURTHER RESOLVED, that the City Council authorizes the City Clerk to refer the Code Amendment to the Westchester County Planning Board in accordance with Section 267-62 of the Code, and Section 239-m of the General Municipal Law; and

 

BE IT FURTHER RESOLVED, that the City Council shall hold a Public Hearing on the Code Amendment on January 10, 2024, at 7:00 p.m. in City Hall, Council Chambers - Room 206, 1 Roosevelt Square N., Mount Vernon, New York, 10550, where public comment will be heard regarding the Code Amendment, and written comments on the Code Amendment are requested, and will be accepted by the City Council up to ten (10) days following the close of the Public Hearing; and

 

BE IT FURTHER RESOLVED, that the City Clerk shall arrange to fulfill the notice requirements for the Public Hearing pursuant to Section 267-61 of the Code; and

 

FURTHER RESOLVED, that this Resolution shall take effect immediately.