Planning, Economic Development and Land Use Committee

COMMON COUNCIL MEETING PLANNING, ECONOMIC DEVELOPMENT AND LAND USE COMMITTEE Cathy Fahey, Chair DATE: Thursday, July 16, 2020 TIME: 5:30 p.m. TOPIC(S) OF DISCUSSION/CONSIDERATION: RESOLUTION NUMBER 62.71.20R RESOLUTION OF THE COMMON COUNCIL REGARDING POTENTIAL BROWNFIELD SITES ORDINANCE 9.61.20 AN ORDINANCE AMENDING CHAPTER 375 OF THE CODE OF THE CITY OF ALBANY (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) CHANGING THE ZONING CLASSIFICATIONS AND AMENDING THE ZONING MAP ACCORDINGLY PUBLIC COMMENT PERIOD: YES The meeting is being held in accordance to Executive Order 202.15 which prohibits in-person attendance at public meetings, if executive order 202.15 expires before July 16, 2020, this will be an in- person meeting in City Hall, please check our website and Facebook for updates. Please submit your public comment via email commoncouncil@albanyny.gov or on our website https://www.albanyny.gov/Government/CityOfficials/CommonCouncil.aspx by Thursday, July 16, 2020 12pm which will be read for the record at the meeting. Meeting will be held using Zoom and streamed through the Albany Common Council’s Facebook. To stream this video please visit: https://www.facebook.com/albany.commoncouncil If any technical problems, the video will then be streamed to YouTube: https://www.youtube.com/channel/UC-rQHp1fBLPcdk_4N6J4XbQ Council Member O’Brien introduced the following: RESOLUTION NUMBER 62.71.20R RESOLUTION OF THE COMMON COUNCIL REGARDING POTENTIAL BROWNFIELD SITES WHEREAS, Albany 2030, the City of Albany Comprehensive Plan, was adopted by the Common Council on April 2, 2012 as the foundation and reference point for the city’s policy and decision-making over the next approximately two decades; and WHEREAS, the Plan was put together over a three year process in six phases of development, enlisting much community and professional input; and WHEREAS, preparation of a Brownfield Nomination Study was integrated into the Albany 2030 planning process; and WHEREAS, of the various potential brownfield sites in Albany, the 2030 Plan chose seven sites pursuant to the NYS Department of State’s Brownfield Opportunities Areas Program. Among the seven sites is land identified as Site E consisting of 60 Colvin Ave (1.8 acres) and land immediately behind it (2.4 acres) identified as 60B Colvin Ave which property currently belongs to the City of Albany and is used as the dog park area of Westland Hills Park; and WHEREAS, this area was used by a wrecking company and by an auto company that stored building debris and auto components. According to Albany 2030 Plan Appendix A, environmental assessment of the property, which was done several years ago, shows that subsurface soils on site have been impacted by asbestos, heavy metals, and other hazardous materials. Additionally, old maps of Albany show wetlands on this area identified as Schafers Pond; and WHEREAS, currently a developer is seeking approval to construct 63 apartments and some commercial space on the 60 Colvin Ave portion of the site and the matter is currently scheduled before the City of Albany Planning Board as Project #00357; and WHEREAS, the developer’s application makes no mention of the site’s listing in the Brownfield Appendix A of the 2030 Plan but public comment submitted at the June 22, 2020 Planning Board meeting requested that the site should be reviewed by consultants independent of the applicant developer to determine whether proper mitigation standards will be met in developing this site; and WHEREAS, the Planning Director stated “Reference to a site location as a brownfield, or as in the case of the Comprehensive Plan, a potential brownfield, is not de-facto evidence of contaminants at the site. The designations are sometimes based upon perception alone if that perception is encumbering of a higher and better use of the site”; and WHEREAS, it appears that the Albany Planning Board is preparing to override the 2030 Plan’s declaration of this site as a potential brownfield cleanup area; NOW THEREFORE BE IT RESOLVED, the Common Council declares that if the Planning Department and/or the Planning Board believes that any 2030 Plan site designation or characterization is in error, it should not make any such ruling on its own, but instead refer the matter for consideration in the same manner by which the 2030 Plan itself was enacted. To: Danielle Gillespie, City Clerk From: John-Raphael Pichardo, Esq., Research Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: June 25, 2020 SPONSOR Council Member O’Brien RESOLUTION NUMBER 62.71.20R TITLE RESOLUTION OF THE COMMON COUNCIL REGARDING POTENTIAL BROWNFIELD SITES GENERAL PURPOSE OF LEGISLATION Should the Planning Department and/or the Planning Board believe that any 2030 Plan site designation or characterization is in error, it should not make any such ruling on its own, but instead refer the matter back for consideration in the same manner by which the 2030 Plan itself was enacted. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW See body of text. FISCAL IMPACT(S) None. Council Member Frederick introduced the following: ORDINANCE 9.61.20 AN ORDINANCE AMENDING CHAPTER 375 OF THE CODE OF THE CITY OF ALBANY (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) CHANGING THE ZONING CLASSIFICATIONS AND AMENDING THE ZONING MAP ACCORDINGLY The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Chapter 375 of the Code of the City of Albany (Unified Sustainable Development Ordinance) and the Official Zoning Map are hereby amended to change the zoning classifications of 90 Second Avenue, 88 Second Avenue, 86 Second Avenue, 84 Second Avenue, 76 Second Avenue from Mixed-Use Neighborhood Edge (MU-NE) to Mixed-Use Campus/Institutional (MU-CI) said properties being more particularly described as follows: All that parcel of land situated in the City of Albany, County of Albany and State of New York, identified on the tax map as follows: Section: 76.72 Block: 4 Lot: 13 Said premises more commonly known as 90 Second Avenue measuring approximately 25’ by 150’. Section: 76.72 Block: 4 Lot: 14 Said premises more commonly known as 88 Second Avenue measuring approximately 25’ by 150’. Section: 76.72 Block: 4 Lot: 15 Said premises more commonly known as 86 Second Avenue measuring approximately 25’ by 150’. Section: 76.72 Block: 4 Lot: 16 Said premises more commonly known as 84 Second Avenue measuring approximately 25’ by 150’. Section: 76.72 Block: 4 Lot: 20 Sub lot: 1 Section 2. Chapter 375 of the Code of the City of Albany (Unified Sustainable Development Ordinance) and the Official Zoning Map are hereby amended to change the zoning classifications of 8 Leonard Street, 10 Leonard Street, 12 Leonard Street, 4 Leonard Street, 15 Scott Street, 13 Scott Street, 11 Scott Street, 9 Scott Street, 7 Scott Street, 10 Krank Street, 15 Krank Street, 1 Scott Street, 10 Scott Street, 8 Scott Street, 6 Scott Street, 4 Scott Street, 33 Krank Street, 37 Krank Street, 45 Krank Street, 32 Leonard Street, 17 Leonard Street, 16.5 Leonard Street, 24 Leonard Street, 22 Leonard Street, 20 Leonard Street, 18 Leonard Street, 2 Leonard Street, from Townhome (R-T) to Mixed-Use Campus/Institutional (MU-CI) said properties being more particularly described as follows: All that parcel of land situated in the City of Albany, County of Albany and State of New York, identified on the tax map as follows: Section: 76.72 Block: 4 Lot: 36 Said premises more commonly known as 8 Leonard Street. Section: 76.72 Block: 4 Lot: 35 Said premises more commonly known as 10 Leonard Street. Section: 76.72 Block: 4 Lot: 34 Said premises more commonly known as 12 Leonard Street. Section: 76.72 Block: 4 Lot: 33 Said premises more commonly known as 4 Leonard Street. Section: 76.72 Block: 4 Lot: 32 Said premises more commonly known as 15 Scott Street. Section: 76.72 Block: 4 Lot: 31 Said premises more commonly known as 13 Scott Street. Section: 76.72 Block: 4 Lot: 30 Said premises more commonly known as11 Scott Street. Section: 76.72 Block: 4 Lot: 29 Said premises more commonly known as 9 Scott Street. Section: 76.72 Block: 4 Lot: 28 Said premises more commonly known as 7 Scott Street. Section: 76.72 Block: 4 Lot: 27 Said premises more commonly known as 10 Krank Street. Section: 76.72 Block: 4 Lot: 26 Said premises more commonly known as 15 Krank Street. Section: 76.72 Block: 4 Lot: 78 Said premises more commonly known as 1 Scott Street. Section: 76.72 Block: 4 Lot: 77 Said premises more commonly known as 10 Scott Street. Section: 76.72 Block: 4 Lot: 76 Said premises more commonly known as 8 Scott Street. Section: 76.72 Block: 4 Lot: 75 Said premises more commonly known as 6 Scott Street. Section: 76.72 Block: 4 Lot: 74 Said premises more commonly known as 4 Scott Street. Section: 76.72 Block: 4 Lot: 72 Said premises more commonly known as 33 Krank Street. Section: 76.72 Block: 4 Lot: 70 Said premises more commonly known as 37 Krank Street. Section: 76.72 Block: 4 Lot: 69 Said premises more commonly known as 45 Krank Street. Section: 76.72 Block: 4 Lot: 68 Said premises more commonly known as 32 Leonard Street. Section: 76.72 Block: 4 Lot: 67 Said premises more commonly known as 17 Leonard Street. Section: 76.72 Block: 4 Lot: 66 Said premises more commonly known as 16.5 Leonard Street. Section: 76.72 Block: 4 Lot: 65 Said premises more commonly known as 24 Leonard Street. Section: 76.72 Block: 4 Lot: 64 Said premises more commonly known as 22 Leonard Street. Section: 76.72 Block: 4 Lot: 63 Said premises more commonly known as 20 Leonard Street. Section: 76.72 Block: 4 Lot: 62 Said premises more commonly known as 18 Leonard Street. Section: 76.72 Block: 4 Lot: 61 Said premises more commonly known as 2 Leonard Street. Section 3. This ordinance shall take effect immediately. APPROVED AS TO FORM THIS 22ND DAY OF MAY, 2020 __________________________ Corporation Counsel To: Danielle Gillespie, City Clerk From: John-Raphael Pichardo, Esq., Research Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: May 22, 2020 SPONSOR Councilmember Fredrick ORDINANCE NUMBER TITLE AN ORDINANCE AMENDING CHAPTER 375 OF THE CODE OF THE CITY OF ALBANY (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) CHANGING THE ZONING CLASSIFICATIONS AND AMENDING THE ZONING MAP ACCORDINGLY GENERAL PURPOSE OF LEGISLATION This zoning map amendment proposes to rezone parcels located at 90 Second Avenue, 88 Second Avenue, 86 Second Avenue, 84 Second Avenue, 76 Second Avenue from Mixed-Use Neighborhood Edge (MU-NE) to Mixed-Use Campus/Institutional (MU-CI), as well as rezone parcels located at 8 Leonard Street, 10 Leonard Street, 12 Leonard Street, 4 Leonard Street, 15 Scott Street, 13 Scott Street, 11 Scott Street, 9 Scott Street, 7 Scott Street, 10 Krank Street, 15 Krank Street, 1 Scott Street, 10 Scott Street, 8 Scott Street, 6 Scott Street, 4 Scott Street, 33 Krank Street, 37 Krank Street, 45 Krank Street, 32 Leonard Street, 17 Leonard Street, 16.5 Leonard Street, 24 Leonard Street, 22 Leonard Street, 20 Leonard Street, 18 Leonard Street, 2 Leonard Street, from Townhome (R-T) to Mixed-Use Campus/Institutional (MU-CI) The purpose of the MU-CI district is to provide for sites or campuses with large public and institutional facilities such as hospitals, museums, and institutions of higher education. Additional land uses include a variety of retail, commercial, and residential uses traditionally associated with these large institutions. The MU-CI districts allow for buildings of upwards of 7 stories to be erected as well. NECESSITY FOR LEGISLATIONN AND CHANGES TO EXISTING LAW Development in the area is highly anticipated. The MU-CI would allow for the area to produce mixed use residential areas with retail. Also known as “Eat, Play, Work” which has been highly well received and positively impacted the economies of several municipalities throughout the nation. FISCAL IMPACTS: None.