Planning, Economic Development and Land Use Committee

COMMON COUNCIL MEETING PLANNING, ECONOMIC DEVELOPMENT AND LAND USE Alfredo Balarin, Chair DATE: Tuesday, July 25th, 2023 TIME: 5:30 PM LOCATION: Council Chambers-2nd Floor. City Hall TOPICS OF DISCUSSION:  LOCAL G OF 2023 A LOCAL LAW AMENDING PART 4 (HISTORIC RESOURCES COMMISSION) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO REDUCING THE SIZE OF THE HISTORIC RESOURCES COMMISSION  ORDINANCE 11.32.23 (As Amended 07/17/2023) AN ORDINANCE AMENDING CHAPTER 375 OF THE CODE OF THE CITY OF ALBANY (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) CHANGING THE ZONING CLASSIFICATION OF 64 COLVIN AVENUE, 65 COLVIN AVENUE, 67 COLVIN AVENUE AND 69 COLVIN AVENUE FROM “MIXED-USE COMMUNITY URBAN” (MU-CU) TO “MIXED-USE NEIGHBORHOOD CENTER” (MU-NC) AND AMENDING THE ZONING MAP ACCORDINGLY  ORDINANCE 12.32.23 (As Amended 07/17/2023) AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY REGARDING THE MAXIMUM NUMBER OF DWELLING UNITS IN MIXED-USE- NEIGHBORHOOD CENTER DISTRICTS PUBLIC COMMENT PERIOD: YES Council Member Balarin, on behalf of the Committee on Planning, Economic Development, and Land Use, introduced the following: LOCAL LAW G OF 2023 A LOCAL LAW AMENDING PART 4 (HISTORIC RESOURCES COMMISSION) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO REDUCING THE SIZE OF THE HISTORIC RESOURCES COMMISSION Be it enacted, by the Common Council of the City of Albany, as follows: Section 1. Subsection A of section 42-85 (Membership; organization; meeting; vacancies; powers and duties) of Article XII (General Provisions) of Part 4 (Historic Resources Commission) of Chapter 42 (Departments and Commissions) of Part I (Administrative Legislation) of the Code of the City of Albany is hereby amended to read as follows: § 42-85 Membership; organization; meeting; vacancies; powers and duties A. Membership; organization; meetings; vacancies. (1) The Historic Resources Commission shall consist of nine seven members, who shall be appointed by the Mayor of the City of Albany with the advice and consent of the Common Council. All Commission members shall have a demonstrated interest, competence or knowledge of historic preservation and archaeology, at least two one of whom shall be a professional archaeologists. To the extent that such professionals are available in the community, Commission members shall be drawn from among the disciplines of history, architectural history, architecture, historic architecture, planning, archaeology, historic preservation or closely related fields. (2) Three of the initial members shall be appointed for one year, two for two years and two for three years. Subsequently, members shall be appointed for terms of three years as terms expire. Members of the Commission may be reappointed for succeeding terms. (3) The Mayor shall designate one member as Chairman Chairperson of the Commission and one member as Vice Chairperson Chairman. The Vice Chairman Chairperson shall act in the absence of the Chairman Chairperson. (4) The presence of five four members of the Commission shall constitute a quorum. The concurring vote of five four members shall be required to carry out an action of the Commission. Matter in strikethrough to be deleted. Matter underlined is new material.  (5) A vacancy occurring in the membership of the Commission for any cause shall be filled by a person appointed by the Mayor for the unexpired term. (6) The Commission shall meet as often as is necessary to discharge its duties in a timely fashion, but at least eight times per year. Section 2. This Local Law shall take effect upon passage, public hearing, and filing with the Secretary of State. APPROVED AS TO FORM THIS 6TH DAY OF JUNE, 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 Jake Eisland, Esq., Research Counsel Re: Common Council Legislation Supporting Memorandum Date: June 1, 2023 Sponsor(s): Balarin o/b/o Planning LOCAL LAW G OF 2023 TITLE A LOCAL LAW AMENDING PART 4 (HISTORIC RESOURCES COMMISSION) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO REDUCING THE SIZE OF THE HISTORIC RESOURCES COMMISSION GENERAL PURPOSE OF LEGISLATION This local law will reduce the number of members serving on the Historic Resources Commission from nine to seven members. NECESSITY FOR LEGISLATION AND CHANGES TO EXISITING LAW: This legislation reduces the size of the Historic Resources Commission from nine to seven members. It is sometimes a challenge to find enough qualified individuals to serve on the Commission. Thus, the size of the reduced Commission, with the passage of this legislation, conforms to the current membership serving on the Commission. Further, this legislation reduces the number of professional archeologists required to serve as members from two to one, as the large majority of cases that come before the Commission do not require archaeology as a component of the review and it can be challenging to find enough qualified individuals willing to serve on the Commission. The legislation also changes gendered references related to the position of Chair to the Historic Resources Commission. FISCAL IMPACT(S) None. Matter in strikethrough to be deleted. Matter underlined is new material. Council Member Clarke introduced the following: ORDINANCE 11.32.23 (As Amended 07/17/2023) AN ORDINANCE AMENDING CHAPTER 375 OF THE CODE OF THE CITY OF ALBANY (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) CHANGING THE ZONING CLASSIFICATION OF 64, 67, 75, 91, 93, 97, AND 105 COLVIN AVENUE FROM MIXED-USE COMMUNITY URBAN (MU-CU) TO MIXED-USE NEIGHBORHOOD CENTER (MU-NC), CHANGING 111 COLVIN AVENUE, 924 CENTRAL AVENUE, AND 944 CENTRAL AVENUE FROM MIXED-USE COMMUNITY URBAN (MU-CU) TO MIXED-USE COMMUNITY HIGHWAY (MU-CH), 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 64, 67, 75, 91, 93, 97, and 105 Colvin Avenue from Mixed-Use Community Urban (MU-CU) to Mixed-Use Neighborhood Center (MU-NC), said properties being more particularly described as follows: All those parcels of land situated in the City of Albany, County of Albany and State of New York, identified on the tax map as follows: Section: 53.74 Block: 2 Lot: 14 Said premises, more commonly known as 64 Colvin Avenue, measuring approximately 7.0± acres. Section: 53.83 Block: 1 Lot 2 Said premises, more commonly known as 67 Colvin Avenue, measuring approximately 0.33 ± acres. Section: 53.83 Block: 1 Lot: 4 Said premises, more commonly known as 75 Colvin Avenue, measuring approximately 0.2± acres. Section: 53.75 Block: 1 Lot 9 Matter in strikethrough to be deleted. Matter underlined is new material.  Said premises, more commonly known as 91 Colvin Avenue, measuring approximately 0.46 ± acres. Section: 53.75 Block: 1 Lot: 10 Said premises, more commonly known as 93 Colvin Avenue, measuring approximately 0.09± acres. Section: 53.75 Block: 1 Lot 11 Said premises, more commonly known as 97 Colvin Avenue, measuring approximately 0.02 ± acres. Section: 53.75 Block: 1 Lot 12 Said premises, more commonly known as 105 Colvin Avenue, measuring approximately 0.33 ± acres. . 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 111 Colvin Avenue, 924 Central Avenue, and 944 Central Avenue from Mixed-Use Community Urban (MU-CU) to Mixed-Use Community Highway (MU-CH), said properties being more particularly described as follows: All those parcels of land situated in the City of Albany, County of Albany and State of New York, identified on the tax map as follows: Section: 53.75 Block: 1 Lot: 13 Said premises, more commonly known as 111 Colvin Avenue, measuring approximately 0.17± acres. Section: 53.75 Block: 1 Lot 14 Said premises, more commonly known as 924 Central Avenue, measuring approximately 0.36 ± acres. Section: 53.75 Block: 1 Lot: 8.2 Matter in strikethrough to be deleted. Matter underlined is new material.  Said premises, more commonly known as 944 Central Avenue, measuring approximately 1.89± acres. Section 3. This ordinance shall take effect immediately. APPROVED AS TO FORM THIS 3RD DAY OF MARCH, 2023 __________________________ Corporation Counsel Matter in strikethrough to be deleted. Matter underlined is new material. To: Danielle Gillespie, City Clerk From: E. Hyde Clarke, Council Member for the 12th Ward Brett Williams, Senior Assistant Corporation Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: March 3, 2023 SPONSOR Council Member Clarke ORDINANCE 11.32.23 TITLE AN ORDINANCE AMENDING CHAPTER 375 OF THE CODE OF THE CITY OF ALBANY (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) CHANGING THE ZONING CLASSIFICATION OF 64 COLVIN AVENUE, 65 COLVIN AVENUE, 67 COLVIN AVENUE, AND 69 COLVIN AVENUE FROM “MIXED-USE COMMUNITY URBAN” (MU-CU) TO “MIXED-USE NEIGHBORHOOD CENTER” (MU-NC) 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 following properties: 64 Colvin Avenue, 65 Colvin Avenue, 67 Colvin Avenue, and 69 Colvin Avenue. The properties are currently zoned MU-CU, which is inconsistent with the existing Colvin Avenue corridor that is not otherwise connected to Central Avenue. Pursuant to USDO Section 375-204(2)(b), “the purpose of the MU-NC District is to provide for moderate density housing options amongst a nexus of locally oriented neighborhood-scale commercial uses, providing support services to the surrounding residential neighborhoods. Land uses include a variety of predominantly non-destination and non-auto-oriented retail and commercial establishments, as well as complimentary residential uses. A mix of residential and nonresidential uses on individual lots is encouraged.” From a planning perspective and in accordance with the Albany 2030 Plan, Colvin Avenue is a walkable “main street” with a mix of business and medium density residential. The current zoning map utilizes the park entrance as a divide between two different zoning districts. The park entrance should not be a divide between neighborhoods, but a connection. Each side of Westland Hills Park should be the same zoning district, MU-NC, which will provide for the orderly development of the neighborhood. The changes proposed herein will also need to be referred to the County Planning Board under General Municipal Law § 239-M because the proposed actions affect properties within five hundred feet of both “any other recreation area” (GML § 239-m (3)(b)(ii)) – in this case Westland Hills Park – and “the right-of-way of any existing or proposed county or state parkway, thruway, expressway, road or highway (§ 239-m (3)(b)(iii) – in this case Central Avenue, which is otherwise known as New York State Route 5. Matter in strikethrough to be deleted. Matter underlined is new material. 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.  Council Member Clarke introduced the following: ORDINANCE 12.32.23 (As Amended 07/17/2023) AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY REGARDING THE MAXIMUM NUMBER OF DWELLING UNITS IN MIXED-USE- NEIGHBORHOOD CENTER DISTRICTS The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Table 375.401.2 (Mixed-Use District Dimensional Standards of Article IV (Development Standards) of Chapter 375 (Unified Sustainable Development Ordinance) of Part II (General Legislation) of the Code of the City of Albany is hereby amended to read as follows: Table 375.401.2 Mixed-Use District Dimensional Standards Zoning District MU-NE MU-NC MU-CU MU-CH MU-DT MU-CI Lot Standards Lot width, minimum (feet) 22 20 20 50 20 80 Impervious lot coverage, 70% 90% 90% 80% 100% 60% maximum Setbacks Front yard minimum (feet) 0 [1] 0 0 0 0 0 Front yard maximum (feet) 10 [1] 10 10 100 10 20 Side yard, minimum (feet) 3 [2] 0 0 10 0 0 Combined side yards, mini- 8 [2] 0 0 20 0 0 mum (feet) Rear yard, minimum (feet) 0 [3] 0 [3] 0 [3] 20 0 0 [3] Building Height Principal Structure Height, maximum (stories) 3 3 [5] 5 5 N/A [6] 8 [7] Height, maximum (feet) 40 [5] 40 [5], [7] 75 [7] 75 [7] N/A 105 Accessory structure Height, maximum (stories) 1.5 1.5 1.5 1.5 1.5 1.5 Height, maximum (feet) 16 20 20 20 20 20 Number of dwelling units Dwelling units, maximum 1 per 750 N/A N/A N/A N/A N/A square feet of 1 per 600 gross floor area square feet of gross floor area Matter in strikethrough to be deleted. New material is underlined Notes: [1] Where the subject lot is adjacent to developed lots facing the same street and having a principal building located within 25 feet of the lot line, the required front setback shall be no closer nor further back from the street than the principal building on either of the adjacent lots. [2] Where the subject lot has one or more adjacent lots facing the same street with a primary building between one and five feet from the side lot line, the required side setback on the subject lot shall not be closer than the side setback on the adjacent improved lot. [3] Where the site abuts a residential zoning district, the required yard setback is 15 feet. [4] Building height cannot exceed either the specified number of stories or feet and the more restrictive shall control. [5] Where the subject lot abuts a zoning district with an allowable height of 3.5 stories or taller, the maximum height allowance shall be four stories or 55 feet. [6] See § 375-505(9) (Design review of tall buildings). [7] The height of any principal structure shall be limited to three stories or 35 feet in height for the portions of the structure: Section 2. This ordinance take effect immediately, but shall not apply to any project that 1. Within has already 100 feet received site of a side plan or rear review lot line of approval an abutting from the CityR-1L or R-1M Zoning District. of Albany. 2. Within APPROVED AS25TO feetFORMTHIS of a side or rear lot line of an abutting R-2 Zoning District. TH 10 DAY OF MARCH, 2023 __________________________ Corporation Counsel Matter in strikethrough to be deleted. New material is underlined To: Danielle Gillespie, City Clerk From: E. Hyde Clarke, Council Member, 12th Ward Re: Request for Common Council Legislation Supporting Memorandum Date: March 10, 2023 SPONSOR Council Member Clarke ORDINANCE 12.32.23 TITLE AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY REGARDING THE MAXIMUM NUMBER OF DWELLING UNITS IN MIXED-USE-NEIGHBORHOOD CENTER DISTRICTS GENERAL PURPOSE OF LEGISLATION The action is a proposed ordinance to amend the dimensional standards which will change the current standard of “N/A” currently listed in the maximum dwelling units for the Mixed Use- Neighborhood Center zoning district. The lack of any requirement is contrary to both the Albany 2030 plan, as well as the purpose and intent of the MU-NC district. “Purpose. The purpose of the MU-NC District is to provide for moderate density housing options amongst a nexus of locally oriented neighborhood-scale commercial uses providing support services to the surrounding residential neighborhoods. Land uses include a variety of predominantly nondestination and non- auto-oriented retail and commercial establishments, as well as complementary residential uses. A mix of residential and nonresidential uses on individual lots is encouraged. Other uses are permitted as shown in Table 375.302.1 (Permitted Use Table).” Since the purpose of the district is to provide for “moderate density housing,” there must be a standard applied to the number of dwelling units. The standard of 1 per 6000 square feet of gross floor area allows for slightly denser housing in neighborhood centers than neighborhood edges, reflecting the intents of these zoning designation. This legislation is also consistent with the Albany 2030 Comprehensive Plan, which has a goal to maintain the supply of quality affordable housing while encouraging mixed-income neighborhoods. Specifically, please see HDC-8: Promote quality affordable housing through design guidelines. The 2030 plan requires that the City adopt design guidelines focused on scale, design and density to ensure that housing fits in with and is sensitive to its surrounding neighborhood context while addressing the needs of the modern family. (at page 144). This ordinance is a first step in providing a design guideline to ensure projects fit the neighborhood. NECESSITY FOR LEGISLATIONN AND CHANGES TO EXISTING LAW Amendments to the Zoning standards require Common Council action and referral to County Planning. FISCAL IMPACTS: None.