Planning, Economic Development and Land Use Committee

COMMON COUNCIL MEETING PLANNING, ECONOMIC DEVELOPMENT AND LAND USE Alfredo Balarin, Chair DATE: TUESDAY, JUNE 27TH, 2023 TIME: 5:30 PM LOCATION: Council Chambers-2nd Floor. City Hall TOPICS OF DISCUSSION:  ORDINANCE 18.52.23 AN ORDINANCE AMENDING CHAPTER 375 OF THE CODE OF THE CITY OF ALBANY (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) CHANGING THE ZONING CLASSIFICATION OF 27 MAIN STREET FROM “MIXED-USE NEIGHBORHOOD CENTER” (MU-NC) TO “LIGHT INDUSTRIAL” (I-1) AND AMENDING THE ZONING MAP ACCORDINGLY  ORDINANCE 22.61.23 AN ORDINANCE AMENDING CHAPTER 359 (VEHICLES AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE PARKING OF ELECTRIC VEHICLES  RESOLUTION 65.62.23R A RESOLUTION OF THE COMMON COUNCIL REAPPOINTING ANDRE LAKE AS A MEMBER OF THE SUSTAINABILITY ADVISORY COMMITTEE  RESOLUTION 66.62.23R A RESOLUTION OF THE COMMON COUNCIL REAPPOINTING DANIEL KIRK- DAVIDOFF AS A MEMBER OF THE SUSTAINABILITY ADVISORY COMMITTEE PUBLIC COMMENT PERIOD: YES Council Member Kimbrough introduced the following: ORDINANCE 18.52.23 AN ORDINANCE AMENDING CHAPTER 375 OF THE CODE OF THE CITY OF ALBANY (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) CHANGING THE ZONING CLASSIFICATION OF 27 MAIN STREET FROM “MIXED-USE NEIGHBORHOOD CENTER” (MU-NC) TO “LIGHT INDUSTRIAL” (I-1) 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 classification of 27 Main Street from Mixed-Use Neighborhood Center (MU-NC) to Light Industrial (I-1), said property being more particularly described as follows: The 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: 66-29 Block: 2 Lot: 50 Said premises, more commonly known as 27 Main Street, measuring approximately 0.05 acres. Section 2. This ordinance shall take effect immediately. APPROVED AS TO FORM THIS 3RD DAY OF MAY, 2023 __________________________ Corporation Counsel Matter in strikethrough to be deleted. Matter underlined is new material. To: Danielle Gillespie, City Clerk From: Jake Eisland, Research Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: April 26, 2023 Sponsor: Council Member Kimbrough ORDINANCE 18.52.23 TITLE AN ORDINANCE AMENDING CHAPTER 375 OF THE CODE OF THE CITY OF ALBANY (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) CHANGING THE ZONING CLASSIFICATION OF 27 MAIN STREET FROM “MIXED-USE NEIGHBORHOOD CENTER” (MU-NC) TO “LIGHT INDUSTRIAL” (I-1) AND AMENDING THE ZONING MAP ACCORDINGLY GENERAL PURPOSE OF LEGISLATION The action is a proposed ordinance to amend the zoning map of the City of Albany for the property 27 Main Street. The condition of 27 Main Street warrants its demolition. While parking is a permitted accessory use in the I-1 (Light Industrial District), the division line between the I-1 and the Mixed-Use Neighborhood Center (MU-NC) is immediately before 27 Main Street, forbidding the property’s usage for parking. This change will allow 27 Main Street to be used for off-street parking. The changes proposed herein will also need to be referred to the County Planning Board under General Municipal Law § 239. A property survey of the site is attached as well. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW Amendments to the Zoning Map and the USDO require Common Council action by ordinance. FISCAL IMPACTS: None. Matter in strikethrough to be deleted. Matter underlined is new material. Matter in strikethrough to be deleted. Matter underlined is new material. Council Member Balarin introduced the following: ORDINANCE 22.61.23 AN ORDINANCE AMENDING CHAPTER 359 (VEHICLES AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE PARKING OF ELECTRIC VEHICLES The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Subsection (A) of section 359-22 (Parking, standing and stopping restrictions) of Article II (Traffic Regulations) of Chapter 359 (Vehicles and Traffic) of Part II (General Legislation) of the Code of the City of Albany is hereby amended by adding a new paragraph (11) to read as follows: (11) In a space designated as provided in this paragraph for the exclusive purpose of charging an electric vehicle at an electric vehicle charging station, unless such vehicle is an electric vehicle connected such charging station, provided, however, that an electric vehicle disconnected from the electric vehicle charging station for no more than forty-five (45) continuous minutes while stopped, standing, or parked in such designated space shall not be in violation of this paragraph. Parking spaces designated for the exclusive purpose of charging an electric vehicle at an electric vehicle charging station shall be clearly identified, and such designation shall include conspicuous and permanently installed signs or markings which identify such space as an electric vehicle charging station, indicate that such space is only for electric vehicle charging, and include any day or time restrictions. For the purposes of this paragraph, the term “electric vehicle” shall mean a motor vehicle that is propelled at least in part by an electric motor and associated power electronics which provide acceleration torque to the drive wheels sometime during normal vehicle operations, and that draws electricity from a battery or hydrogen fuel cell that is capable of being recharged from an external source of electricity, such that the external source of electricity cannot be connected to the vehicle while the vehicle is in motion. For purposes of this paragraph, the term “electric vehicle charging station” shall mean the equipment needed to convey electric power from the electric grid or another power source to an onboard motor vehicle energy storage system. For purposes of this paragraph, “disconnected” shall mean not connected to the charging port of the electric vehicle not in the process of actively charging the electric vehicle. Section 2. This ordinance shall take effect immediately. APPROVED AS TO FORM THIS 25TH DAY OF MAY, 2023 ________________________________ Corporation Counsel Matter in strikethrough to be deleted. Matter underlined is new material. To: Danielle Gillespie, City Clerk From: Brett Williams, Esq., Sr. Assistant Corporation Counsel Re: Common Council Legislation Supporting Memorandum Date: May 25, 2023 Sponsor: Council Member Balarin ORDINANCE 22.61.23 TITLE AN ORDINANCE AMENDING CHAPTER 359 (VEHICLES AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE PARKING OF ELECTRIC VEHICLES GENERAL PURPOSE OF LEGISLATION In June of 2022, the Common Council passed Ordinance 7.41.22 (As Amended 06/08/2023), which updated parking regulations in the City Code to reflect the existence of the roadside electric vehicle charging stations located in various areas of the City, and to provide that the parking spaces adjacent to such charging stations are reserved for the exclusive use of electric vehicles. It has since come to light that a loophole in this ordinance can be exploited such that if a vehicle is physically connected to the EV charger, it cannot be ticketed, whether the vehicle is actively charging or not. This ordinance closes that loophole. NECESSITY FOR LEGISLATION AND CHANGES TO EXISTING LAW Under the language enacted last year, an electric vehicle in an EV charging space could not be ticketed so long as it was “connected to the charging port.” This has allowed motorists to leave their EVs parked in EV charging stations beyond the otherwise-allowed 45 minutes whether or not they are actually charging their vehicles, so long as the vehicle is connected to the charger. This ordinance closes that loophole by changing the definition of the term disconnected from “not connected to the charging port of the vehicle,” to “not in the process of actively charging the electric vehicle. FISCAL IMPACT(S) None. Council Member Balarin on behalf of the Committee on Planning, Economic Development, and Land Use, introduced the following: Resolution Number 65.62.23R A RESOLUTION OF THE COMMON COUNCIL REAPPOINTING ANDRE LAKE AS A MEMBER OF THE SUSTAINABILITY ADVISORY COMMITTEE WHEREAS, pursuant to section 42-133 of the Code of the City of Albany, the Common Council shall appoint five members to the Sustainability Advisory Committee; NOW, THEREFORE, BE IT RESOLVED, that Andre Lake is hereby appointed as a member of the Sustainability Advisory Committee for a term expiring June 30, 2026; and BE IT FURTHER RESOLVED, that this resolution shall take effect immediately. To: Danielle Gillespie, City Clerk From: Jake Eisland, Esq., Research Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: June 6, 2023 SPONSOR Council Member Balarin o/b/o Planning Committee RESOLUTION NUMBER 65.62.23R TITLE A RESOLUTION OF THE COMMON COUNCIL REAPPOINTING ANDRE LAKE AS A MEMBER OF THE SUSTAINABILITY ADVISORY COMMITTEE GENERAL PURPOSE OF LEGISLATION To reappoint Andre Lake to Sustainability Advisory Committee for a term expiring June 30, 2026. Andre Lake was appointed to a 1-year term in 2018 (Resolution 26.51.18R) expiring 6/30/19. He was appointed to a full three year term by Resolution 69.72.20R which expires on 6/30/2023. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW The Council is required to appoint five members to the Sustainability Advisory Committee. Council appointments require approval via resolution. FISCAL IMPACT(S) None. Council Member Balarin on behalf of the Committee on Planning, Economic Development, and Land Use introduced the following: Resolution Number 66.62.23R A RESOLUTION OF THE COMMON COUNCIL REAPPOINTING DANIEL KIRK-DAVIDOFF AS A MEMBER OF THE SUSTAINABILITY ADVISORY COMMITTEE WHEREAS, pursuant to section 42-133 of the Code of the City of Albany, the Common Council shall appoint five members to the Sustainability Advisory Committee; NOW, THEREFORE, BE IT RESOLVED, that Daniel Kirk-Davidoff is hereby reappointed as a member of the Sustainability Advisory Committee for a term expiring June 30, 2026; and BE IT FURTHER RESOLVED, that this resolution shall take effect immediately. To: Danielle Gillespie, City Clerk From: Jake Eisland, Esq., Research Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: June 6, 2023 SPONSOR Council Member Balarin o/b/o Planning Committee RESOLUTION NUMBER 66.62.23R TITLE A RESOLUTION OF THE COMMON COUNCIL REAPPOINTING DANIEL KIRK- DAVIDOFF AS A MEMBER OF THE SUSTAINABILITY ADVISORY COMMITTEE GENERAL PURPOSE OF LEGISLATION To reappoint Daniel Kirk-Davidoff to Sustainability Advisory Committee for a term expiring June 30, 2026. Daniel Kirk-Davidoff was appointed via Resolution 25.51.18R which expired on 06/30/2020. He was reappointed via Resolution 76.91.20R, expiring on 6/30/2023 He has expressed interest in being reappointed to another three (3) year term. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW The Council is required to appoint five members to the Sustainability Advisory Committee. Council appointments require approval via resolution. FISCAL IMPACT(S) None.