Common Council Meeting -- 10.06.2021

LEGISLATION TABLED City of Utica Common Council October 06, 2021 INTRO. L.L. #2 OF 2021 Moratorium on Convenience Stores/Smoke Shops 09/22/2021  Submitted to council by: Council Attorney Proposed Ordinance No. Submitted to council on: 09 / 21 / 21 Proposed Resolution No. Sent to Council Attorney on: 09 / 21 / 21 Thursday Rule Waiver Required? Y Date of Legislation: 09 / 22 / 21 Explanation provided to council on: 09 / 21 / 21 ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers McNiel, Burmaster, Friend, Meola, Moody, Betrus, Williamson, LoMedico, DiBrango A LOCAL LAW ESTABLISHING A TEMPORARY MORATORIUM ON CONVENIENT STORES AND SMOKE SHOPS IN THE CITY OF UTICA INTRODUCTORY LOCAL LAW NO. 2 OF 2021 Presented and read September 22, 2021. Laid on the Table September 22, 2021. Adopted by the Common Council by a vote of YEAS: ___, NAYS: ___, on __________, 2021. Became a Local Law with the approval of the Mayor on __________, 2021, after a public hearing on __________, 2021. WHEREAS, the Common Council of the City of Utica did, on November 4, 2020, and February 3, 2021, adopt new legislation designed to regulate what is referred to as Convenience Stores, Neighborhood Retail Stores, and Smoke Shops and their location in the City of Utica, and WHEREAS, since the adoption of the new Zoning Law on February 3, 2021, new questions have arisen with regard to terms and application of these three entities, and WHEREAS, it has been determined by members of the Common Council that these new ordinances require further study and possible revision that necessitates that a moratorium be enacted that would halt the approval of such entities for a period of time to allow for a study to be conducted, and WHEREAS, the Common Council did, on June 16, 2021 adopt an ordinance that provided for a temporary moratorium on Convenience Stores and Smoke Shops, which shall be superseded by this local law THEREFORE, BE IT ENACTED BY THE COMMON COUNCIL FOR THE CITY OF UTICA: SECTION 1. That the ordinance adopted on June 16, 2021 is hereby repealed and dismissed upon the adoption of this local law in the manner provided by the provisions of the Municipal Home Rule Law. SECTION 2. Pending further study of the appropriate Sections of the Zoning Law of Utica for the purpose of ascertaining whether said zoning law should be amended to reflect the goals and needs of each district in the City of Utica to prevent the character change of said residential parts of each district by a proliferation of convenience stores and smoke shops in each Councilmanic district. SECTION 3. The Commissioner of Urban and Economic Development, the Planning Board, the Zoning Board of Appeals, Department of Codes, and any other appropriate City agencies shall not issue any permission or permit for the development and/or establishment of any new convenience stores, neighborhood retail stores, and/or smoke shops, regardless of current zoning classifications, for a period of six months from the date of the adoption of this local law. Such moratorium may be extended if such study has not been completed by the end of the six-month period. MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 M. McNiel 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 C. Friend 8 J. LoMedico DATE ADOPTED _____/_____/ 2021 4 F. Meola 9 F. DiBrango 5 D. Moody 10 M. Galime