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HomeMy WebLinkAboutPC Packet 2024-01-18 PLANNING DEPARTMENT 215 N. Tioga St 14850 607.273.1747 www.town.ithaca.ny.us TOWN OF ITHACA PLANNING COMMITTEE THURSDAY, JANUARY 18, 2024 at 3:00 P.M. Meeting Location: Ithaca Town Hall, 215 N. Tioga Street, Aurora Conference Room (Enter from the rear entrance of Town Hall, adjacent employee parking lot.) Members of the public may also join the meeting virtually via Zoom at https://us06web.zoom.us/j/6750593272. AGENDA 1. Persons to be heard. 2. Committee announcements and concerns. 3. Consider approval of November meeting minutes. 4. Update on implementation of NYS Cannabis Law – Adult-Use licenses. 5. Review and consider appraisals for two potential conservation easements (282 Hayts Road and Hayts/Sheffield/Bundy Rds) and recommendation to the Town Board. 6. Staff updates and reports. 7. Discuss next meeting date and upcoming agenda items. A quorum of the Ithaca Town Board may be present, however, no official Board business will be conducted. 1 Town of Ithaca Planning Committee Thursday, November 16, 2023 (3:00 PM Aurora Conference Room and on Zoom) Draft Minutes Committee members: Rich DePaolo, Chair; Rod Howe & Margaret Johnson Board/Staff members: Director of Planning C.J. Randall & Director of Codes Marty Moseley. Guests: none 1. Persons to be heard: None 2. Committee announcements and concerns: None 3. Approval of September meeting minutes: Rich moved; Margaret seconded. The September 21, 2023, minutes were approved as presented. 4. The committee discussed the potential historic preservation program, and reviewed the proposed draft City/Town of Ithaca Landmarks Preservation Law/Ordinance and proposed draft Intermunicipal Agreement. C.J. shared the Town of Ithaca Historic Building Survey (conducted 1997-2000) map and referenced a recent webinar presented by the City’s Historic Preservation Planner. It was noted that this the Law/Ordinance would be reviewed every two years after implementation; this was requested to be added if not already included in the language. Committee discussion focused on the following sections in the draft ordinance: §228-4: Membership, Appointment and Compensation. Rod explained he compared the previous version of the draft and the current version of the draft, noting nine (9) members were originally proposed and now seven (7), with five (5) appointed by the city and two (2) by the Town. Under (B)(3) add: “and Town” in the second sentence, after “the Mayor…” Rich noted that the members being required to possess specific professional qualifications could be limiting and wanted to make sure the town would be well represented; Rod concurred and suggested adding in the proposed change above on the three required to possess the qualification. §228-12: Designation of Individual Landmarks and Historic Districts. It was noted that the prior draft version included “thematic grouping” in this section and that is now removed. An example given was that “all carriage houses” or another grouping of similar locations would fall into the same guidelines. §228-16: Criteria for Approval of a Certificate of Appropriateness. (B)(2) was discussed and was viewed as subjective. The initial determination would be made by the City Historic Preservation Planner Bryan McCracken and then would move onto the Commission. (D) relative to paint color was discussed. The committee suggested that the vast palette of paint colors imaginable could detract from the historic character; as such, this clause may need further discussion. §228-17: Certificate of Appropriateness Application Procedure. (C) Committee asked whether delegation to the secretary was done annually or per project, and would that delegation continue unless rescinded? It was determined that “the secretary” in this case would be Bryan/City Historic Preservation Planner which could lead to the town being overruled in certain areas. There were no changes proposed to this section. §228-22: [City-/Town-] owned Improvements. (B) The wording and 20% threshold was discussed. The Town Hall would be the property affected. No changes were proposed. §228-23: Exceptions for Reasons of Public Health and Public Safety. (C) and §228-25: Enforcement; violations; penalties for offenses. (B) The committee discussed potential complications with these respective subsections. What would happen if there were no funds/resources available to achieve the reasonable solution, 2 who would incur the cost of the remedy? Marty replied that the action would go before the judge and be decided in court. It was also questioned: If there were a liability placed on the property, would that transfer to the new owner if sold? Upon review of the draft Intermunicipal Agreement, the compensation section was discussed. The hourly rate used for the draft has increased from $48 to $50+/hr. In item #4. The committee recommended the calculation should be mutually agreed upon by the City and Town, this language should be added. It was discussed that the initial $25,000 installment should be justified by showing the work completed and subsequent payments may be made based and billed on actual time/hours spent. The Anticipated Next Steps timeline shared was noted to need updates to show the items completed already, adjust to two-year time frame and the remaining estimates re-evaluated such as the 2-4 hours per week of town only designated design review of designated historic resources in the town-this may be a high estimate based on the existing inventory. Margaret mentioned deconstruction verses demolition and was in favor of the town preparing an ordinance to promote deconstruction. Rod concurred and mentioned the Susan Christopherson Center has resources and information to help the deconstruction efforts. Rod concluded that he has a meeting the upcoming week to discuss the proposed draft documents with the attorney for the town and will clarify the items raised by the committee. It may be helpful to include the city historic preservation planner as well. 5. Update: East Shore Drive Pedestrian and Bicyclist Safety Corridor Project public information session. C.J. summarized the well-attended session held the prior evening that was led by Barton & Loguidice, consulting engineers. The major stakeholders who were unable to attend submitted comments and additional comment cards were received at the event from the public. The next steps are obtaining all the comments and then revising the cost estimates for a pre-application. The town would then apply for a TAP application with a consultant. Margaret added that the next leg/section from the trailhead to the next park has a lot of interest from the public to connect pedestrian access points as well. 6. Staff updates and reports. C.J. updated the committee on the following items: *Safe Streets for All has a signed contract between the City and Cambridge Systematics. DOT has a separate contract. The kickoff meeting is tentatively 11/28/23. *Buttermilk B&B LHCOD interest is still in progress, owner will be directed to Ithaca Area Economic Development for a resource. C.J will keep in touch quarterly. *The Town Agriculture Committee meets 11/28/23 and guests include Crystal Buck from Cornell Cooperative Extension and Codes Director Marty Moseley. It will be the last meeting for Town Board Member representative Bill Goodman. *Two applications from the NYS Office of Cannabis Management have been filed for retail dispensary licenses in the town. This will carry to December’s agenda for further discussion. 7. Next meeting date and upcoming agenda items: December 21, 2023 3:00 p.m. Agenda: PDR program updated appraisals for two Ag parcels; Cannabis retail and cultivation The Town of Ithaca Planning Committee meeting concluded at 3:53 pm. To: Planning Committee members From: C.J. Randall, Director of Planning Date: January 10, 2024 Subject: NYS Cannabis Law – Adult-Use license updates Summary New York’s Cannabis Law and the Marihuana Regulation & Taxation Act (MRTA) was adopted in March 2021, as previously discussed at the June 2021 Planning Committee meeting. The regulations implementing that law – creating a legal market for cannabis sales in New York State – were finalized by The New York State Office of Cannabis Management (OCM) and the NYS Cannabis Control Board (CCB) in July 2023. The legal adult-use cannabis market is divided into three tiers: • Supply – cultivation, processing, and distribution; and • Retail – consisting of retail dispensaries, on-site consumption lounges, and delivery licensees; • Microlicense – authorizes the cultivation, processing, distribution, retail sale, and delivery of the licensee’s own cannabis products; requires a minimum of cultivation and one other activity listed above The first round of general applications for Conditional Adult-Use Retail Dispensary (CAURD) licenses was open October 4th through December 4th for all eligible applicants to apply for licenses for cultivation, processing, distribution, sale, or to operate a microbusiness. NYS OCM and the NYS CCB intend to begin awarding licenses for cultivators, processors, distributors, microbusinesses, and retail dispensaries in early 2024. Current Zoning Town Zoning (Chapter 270) does not define ‘Retail’ as a standalone use; applications for construction of a retail dispensary would be considered depending on which Town Zoning District the proposed site is located. ‘On-site consumption lounges’ could be considered analogous to a Bar or Tavern. However, as the Clean Indoor Air Act otherwise prohibits indoor smoking in public spaces, there are few or no equivalent by which to classify ‘On-site consumption lounges.’ Municipalities can implement land use regulations – including site plan and special permit requirements – relative to cannabis but with some limitations under the following three broad headings: • Time o Hours of Operation, not less than 70 hours per week • Place o The Town may regulate the distance between retail dispensary or on-site consumption sites and community facilities, which the Town could define to include day-care, public parks, libraries, and the like, provided the distance is not more than the 500-foot baseline stipulated by NYS OCM • Manner o Security and storage requirements; requirement that retail sales be conducted within a permanent structure, rather than mobile vending 2 Of note is the current Senate Bill S1752, recently referred to the Senate’s Agriculture Committee, proposing to expand the NYS Ag & Markets Law definition of crops, livestock and livestock products to include cannabis. Pending applications The Town has received notification of two Conditional Adult-Use Retail Dispensary (CAURD) license applications, as required by CCB, similar to the 30-day advance notice requirement of the NYS Liquor Authority. Both pending applications are located in the Inlet Valley. Priority consideration for adult-use cannabis licenses will be provided to SEE applicants – Social And Economic Equity – defined as individuals from a community disproportionately impacted, distressed farmers, service-disabled veterans, as well as minority- and women-owned businesses. All SEE applicants will receive a 50% fee reduction in application or licensing fees and will be eligible for application support and technical training through the Cannabis Hub & Incubator Program (CHIP), which will be launching this fall. Adult-Use Taxation From the Association of Towns’ 2021 Official’s Official Guide to Cannabis: There are two different levels of taxes on sales to consumers — one is a 9 percent tax that will go to the state, and the other is a 4 percent tax that is distributed on a quarterly basis as follows: from the 4 percent, 25 percent will stay with the county, the remaining 75 percent will be distributed between towns, cities and villages in the county in proportion to the amount of sales that take place within their jurisdiction (see Tax Law §§ 493[b],[c]; 496-b[2]). Thus, the 4% tax would be split 25% County and 75% Town for a dispensary located within the Town but Outside the Village of Cayuga Heights. For a dispensary located in Village of Cayuga Heights (VCH), the split would be 25% County, 37.5% VCH and 37.5% Town (unless a different agreement was negotiated with VCH). Further Reading Please see NYS Adult-Use Application: Municipalities Overview memorandum prepared by the NYS Office of Cannabis Management included in this 1/18/2024 meeting agenda packet and linked above. Also of note: • Association of Towns’ 2021 Official’s Official Guide to Cannabis: https://hillsdaleny.com/wp- content/uploads/2021/08/Cannabis-Guide-for-Towns-2021-AOTSNY.pdf • OCM’s YouTube Channel: https://www.youtube.com/@NYS_Cannabis/streams • OCM’s 2023 Annual Report: https://cannabis.ny.gov/system/files/documents/2023/12/annual-report-2023- final.pdf • OCM’s 2023 New York Social And Economic Equity Plan: https://cannabis.ny.gov/system/files/documents/2023/09/nys-see-plan-english.pdf • NYS Senate Subcommittee October 30, 2023 Cannabis Joint Public Hearing (video): To examine issues in the New York State market related to consumer accessibility and retail sale of legal adult -use cannabis https://youtu.be/4e4bwbN3e24 Please contact me with any questions or concerns at cjrandall@town.ithaca.ny.us or 607-882-2474. # # # NYS ADULT-USE APPLICATION: MUNICIPALITIES OVERVIEW COMMUNITY REINVESTMENT MORE RESOURCES MUNICIPALITIES ROLE IN NYS CANNABIS COMMUNITY RESOURCES OVERVIEW You are here 1CANNABIS.NY.GOV OVERVIEW On October 4, 2023, New York State launched the largest expansion of the State’s legal cannabis market to date with the opening of its first adult-use non-conditional application window. New York State adult-use cannabis license applications are hosted on the New York Business Express (NYBE) website. Here, applicants can provide all the necessary information to acquire, upon approval by the Cannabis Control Board, a New York State adult-use cannabis license and participate in the legal adult-use cannabis market. The licensing application opened to cultivators, processors, distributors, microbusinesses, and retail dispensaries licensees. All adult-use license applications to be considered for this application window must be submitted no later than 5:00 PM EST on Monday, December 18, 2023. More information is available at the Office of Cannabis Management (Office)’s general licensing application guidance page. As outlined in Section 76 of the Cannabis Law, applicants applying for a retail dispensary or microbusiness license with retail authorization, or Registered Organizations with an adult-use dispensary (existing medical operators), must complete a notification to their municipality or (in the case of NYC) local community board 30 days before an application is filed with the Office. The Office does not consider an application for a retail dispensary or microbusiness (with retail authorization) filed with the Office until: 1) the applicant provides proof of control over the proposed retail location; 2) the applicant provides proof of notification to the municipality; and 3) the applicant receives a location determination from the Office as to whether the retail location meets the proximity requirements in the Cannabis Law and corresponding regulations. Adult-use cannabis sales are prohibited in municipalities which had previously passed a local law seeking to prohibit adult-use cannabis retail dispensaries and/or on-site consumption businesses before December 31, 2021. No retail dispensary licenses, or microbusiness licenses will be granted in those municipalities that prohibit adult-use cannabis retail dispensaries. While municipalities are no longer allowed to opt-out, any municipality that previously opted-out may opt back in by repealing the prior local law. Note: Cannabis cultivation and cannabis processing licenses can still be granted in opt-out municipalities. The Office will accept applications for review and will begin awarding licenses for cultivators, processors, distributors, microbusinesses, and retail dispensaries in 2024. WHAT ROLE DO MUNICIPALITIES PLAY IN NEW YORK STATE CANNABIS? In accordance with Section 76 of the Cannabis Law, all municipalities and community boards will each receive a minimum of 30 days to review the proposed location and be able to provide an advisory opinion to the Office. Municipalities and community boards can request a one-time 30-day extension to provide their advisory opinion. A 30-day extension request must be made within the initial 30-day review period. The extension request can be sent to municipalities@ocm.ny.gov, including proof of the date of receipt of the specific Notification to Municipalities Form for which the extension is being requested. All expressed opinions will become part of the record upon which the Office of Cannabis Management (Office) makes its recommendation to the Cannabis Control Board (Board) to grant or deny the application. The Board shall then respond to the municipality or community board with an explanation of how such opinion was considered in the granting or denial of an application. Municipalities such as towns, cities, and villages are permitted to pass local laws and regulations governing the time, place and manner of operation of adult-use retail dispensaries and on-site consumption licensees provided that the local law and regulations do not make the operation of the licensed business unreasonably impracticable, as determined by the Board. For example, cities, towns, and villages are permitted to pass laws and regulations pertaining to local zoning and the location of such licensees, their hours of operation, and adherence to local building codes. Municipalities may not issue local licenses to licensees. Please review Part 119 of the adult-use regulations for more information on municipality rulemaking. NYS ADULT-USE APPLICATION: MUNICIPALITIES OVERVIEW COMMUNITY REINVESTMENT MORE RESOURCES MUNICIPALITIES ROLE IN NYS CANNABIS COMMUNITY RESOURCES OVERVIEW You are here 2CANNABIS.NY.GOV HOW WILL NEW YORK CANNABIS LICENSEES REINVEST IN COMMUNITIES? New York is leading the way with its values: both by providing remedies for individuals impacted by cannabis prohibition like record expungement, and by creating frameworks to care for affected/impacted communities. OCM is using a data- driven approach to identify which communities qualify as disproportionately impacted by cannabis prohibition to define what community reinvestment looks like. The CDI census tracts demonstrate that approximately one quarter of New York State’s population experienced three quarters of the arrests over the last four decades. Please find OCM’s CDI map tool here for more information. The MRTA dedicates 40% of the adult-use cannabis tax revenue to the New York State Community Reinvestment Grant Fund. Through this fund, qualified community-based nonprofit organizations and local governments would be eligible to apply for funding to support several different community revitalization efforts, including, but not limited to: • Job placement and skills development • Adult education • Mental health treatment • Substance use disorder treatment • Housing • Financial literacy • Community banking • Nutrition services • Afterschool and childcare services, system navigation services • Legal services to address barriers to reentry • Linkages to medical care, women’s health services and other community-based supportive services • To further support the social and economic equity program, furthering participation of equity applicants in the cannabis industry Additionally, there is a local excise tax imposed on the sale of cannabis products from a retail dispensary to a cannabis consumer at 4 percent of the products price. This tax is distributed to local governments based on where the retail dispensary is located. 25 percent of the tax revenue goes to the county and 75 percent goes to the cities, town, or villages within the county as a proportion of cannabis sales. If a town and a village within the town both allow adult-use sales, the revenue shall be distributed based on agreed upon distribution agreement between the town and village. If no such agreement exists, then the revenue distribution between the town and village will be divided evenly. Do you know an organization that would like to provide volunteer services to SEE applicants as a Technical Assistance Provider? Please direct them email SEE.CHIP@ocm.ny.gov for more information on joining OCM’s TAP network. WHAT ROLE DO MUNICIPALITIES PLAY IN NEW YORK STATE CANNABIS? (CONTINUED) Provisional licensees: These types of licenses do not need to submit the Notification to Municipalities form at the time of initial application upload, since there is no intended location associated with their adult-use retail activities. Once a provisional licensee finds a location, they must complete the notification to municipality requirement. RESOURCES FOR MUNICIPALITIES AND COMMUNITY BOARDS • Adult-Use Cannabis Licensing Page • Adult-Use Cannabis License FAQ • Taxation and Revenue: Fact Sheet • Notification to Municipalities of Adult-Use Retail Dispensary or On-Site Consumption License • Dispensary Location Verification • Adult-Use Cannabis Regulations • Public Health and Safety: Fact Sheet • How Adult-Use Cannabis Taxes Support Your Community in New York Community Boards and local municipalities may relay to the State and/or local enforcement information about activities that may be in violation of the Cannabis Law such as illicit cannabis sales. Suspected violations or complaints can be reported online at: https://cannabis.ny.gov/report-an-incident 2CANNABIS.NY.GOV MORE RESOURCES All applicants are strongly encouraged to review the Adult-Use Cannabis Regulations and all application resources to learn more about how to obtain and operate an adult-use cannabis license in New York State. Please note that this is only the first application window for general adult-use cannabis licensing. Future application windows for licenses such as nursery, delivery, cooperative or collective, and on-site consumption are anticipated. Please email municipalities@ocm.ny.gov if you have any further questions. DEPARTMENT OF PLANNING 215 N. Tioga St 14850 607.273.1747 www.town.ithaca.ny.us TO: PLANNING COMMITTEE MEMBERS FROM: MICHAEL SMITH, SENIOR PLANNER DATE: JANUARY 11, 2024 RE: AGRICULTURAL CONSERVATION EASEMENT – APPRAISALS - C. DENISE SCOTT-POKORNEY (282 HAYTS ROAD) - JULIA P. HOLMES (HAYTS / SHEFFIELD / BUNDY ROADS) As you know, in March 2023 the Planning Committee reviewed two new applications (Pokorney & Holmes) to potentially participate in the Town’s Agricultural Land Preservation Program. The Planning Committee reviewed the applications along with materials provided by Planning Staff and made a recommendation to the Town Board that formal appraisals be prepared for the properties. In April 2023 the Town Board authorized the hiring of North East Appraisal & Management Co. Inc. to prepare the appraisals. As you can see from the attached appraisals, the cost of the agricultural conservation easement for the Holmes property is $260,000 and the cost for the Pokorney easement is $127,000. If the Town decides to move forward with either or both of the easements, the funds will most likely come from the Town’s Open Space Reserve Account. This account currently has a balance of approximately $1,100,000. In reviewing the appraisals, the Planning Committee will need to consider if the Town should move forward with either or both easements and potentially make a recommendation to the Town Board. Assuming the landowners are comfortable with the appraisals and still want to move forward, the next step would be to draft a purchase offer and start drafting the easement language and a preliminary site plan for each property. The Town would also have to authorize a survey of each property, which would include use areas designated in the easement. I will provide copies of the appraisals to the landowners. Attached is an updated location map with a new aerial image from spring 2023. Please let me know if you have any questions prior to the meeting. NYS ITS Geospatial Services ´ Map Produced January 11, 2024 Aerial Image Taken Spring 2023 H a yt s R dSheffield Rd0 500 1,000250 Feet Town of Ithaca - Agricultural Purchase of Development Rights Pokorney & Holmes Properties Location Map Town of IthacaTown of EnfieldPokorney Bun d y R d Holmes Trumansburg RdFLLT Ag Easement FLLT Ag Easement Town Ag Easement