Planning, Economic Development and Land Use Committee

COMMON COUNCIL MEETING PLANNING, ECONOMIC DEVELOPMENT AND LAND USE Alfredo Balarin, Chair DATE: Tuesday, August 15th, 2023 TIME: 5:30 PM LOCATION: Council Chambers-2nd Floor. City Hall TOPICS OF DISCUSSION:  RESOLUTION 75.71.23R A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE REAPPOINTMENT OF GLINNESA D. GAILLIARD, ESQ. TO THE CITY OF ALBANY PLANNING BOARD  RESOLUTION 77.71.23R A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE APPOINTMENT OF RACHEL BREIDSTER TO THE CITY OF ALBANY PLANNING BOARD  ORDINANCE 29.71.23 AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVLEOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY ESTABLISHING STANDARDS FOR CANNABIS DISPENSARIES AND CONSUMPTION SITES PUBLIC COMMENT PERIOD: YES Council Member Balarin, on behalf of the Committee on Planning, Land Use, and Economic Development, introduced the following: RESOLUTION 75.71.23R A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE REAPPOINTMENT OF GLINNESA D. GAILLIARD, ESQ. TO THE CITY OF ALBANY PLANNING BOARD WHEREAS, the Mayor of the City of Albany has, pursuant to the provisions of section 302 (e) of the City Charter, reappointed Glinnesa D. Gailliard, Esq. as a member of the City of Albany Planning Board; and WHEREAS, the Common Council must consent to the Mayor’s appointments of members to the Planning Board under section 302 (e) of the City Charter; NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany consents to the reappointment of Glinnesa D. Gailliard, Esq. to the City of Albany Planning Board for a term of office to expire December 31, 2027. To: Danielle Gillespie, City Clerk From: Brett Williams, Senior Assistant Corporation Counsel Re: Common Council Legislation Supporting Memorandum Date: June 23, 2023 Sponsor: Balarin o/b/o Planning RESOLUTION 75.71.23R TITLE A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE REAPPOINTMENT OF GLINNESA D. GAILLIARD, ESQ. TO THE CITY OF ALBANY PLANNING BOARD GENERAL PURPOSE OF LEGISLATION This resolution approves the reappointment of Glinnesa D. Gailliard, Esq. to the Planning Board for a term which will expire on December 31, 2027. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW The Common Council must confirm mayoral appointments to the Planning Board pursuant to section 301(e) of the City of Albany Charter. FISCAL IMPACT(S) None. Council Member Balarin, on behalf of the Committee on Planning, Land Use, and Economic Development, introduced the following: RESOLUTION 77.71.23R A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE APPOINTMENT OF RACHEL BREIDSTER TO THE CITY OF ALBANY PLANNING BOARD WHEREAS, the Mayor of the City of Albany has, pursuant to the provisions of section 302 (e) of the City Charter, appointed Rachel Breidster as a member of the City of Albany Planning Board; and WHEREAS, the Common Council must consent to the Mayor’s appointments of members to the Planning Board under section 302 (e) of the City Charter; NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany consents to the appointment of Rachel Breidster to the City of Albany Planning Board for a term of office to expire December 31, 2023. To: Danielle Gillespie, City Clerk From: Brett Williams, Senior Assistant Corporation Counsel Re: Common Council Legislation Supporting Memorandum Date: June 23, 2023 Sponsor: Balarin o/b/o Planning RESOLUTION 77.71.23R TITLE A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE APPOINTMENT OF RACHEL BREIDSTER TO THE CITY OF ALBANY PLANNING BOARD GENERAL PURPOSE OF LEGISLATION This resolution approves the appointment of Rachel Breidster to the Planning Board for a term which will expire on December 31, 2023. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW The Common Council must confirm mayoral appointments to the Planning Board pursuant to section 301(e) of the City of Albany Charter. FISCAL IMPACT(S) None. Council Member Balarin and Anane introduced the following: ORDINANCE 29.71.23 AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVLEOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY ESTABLISHING STANDARDS FOR CANNABIS DISPENSARIES AND CONSUMPTION SITES The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Section 375-302 (Permitted Use Table) of Article III (Use Regulations) 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: § 375-302 Permitted Use Table. Table 375.302.1 Permitted Use Table P=Permitted Use | C=Conditional Use | A=Accessory Use | T=Temporary Use Residential Mixed-Use Special Use-Specific R-1L R-1M MU-NE MU-NC MU-CU MU-CH MU-DT MU-CI MU-FW MU-FC MU-FS MU-FM Standard in Zoning District R-2 R-T R-M R-V I-1 I-2 LC Article III LAND USE CATEGORY COMMERCIAL USES Food, and Beverage and Consumption Service Bar or tavern § 375- cannabis consumption C P P P C P P P C [6] P 303(4)(b)(i) site § 375- Restaurant C [1] C [1] C [1] C P[5] P P P P P P P P[6][7] P 303(4)(b)(ii) Retail § 375- Adult retail[10] C C P 303(4)(f)(i) § 375- Convenience retail[11] P[5] P P P P P P P P[6][7] P 303(4)(f)(ii) § 375- General retail C P[5] P P P P P P P P[6][7] A A 303(4)(f)(iii) Controlled substance § 375- C C C C P P dispensary 303(4)(f)(iv) § 375- Specialty retail P[1] P[1] P[1] P[4] P[5] P P P P P P P P[6][7] A 303(4)(f)(v) § 375- Supermarket P P P C P P P P[6][7] P 303(4)(f)(vi) INDUSTRIAL USES Manufacturing, Production and Extraction § 375- Artisan manufacturing C P P P P P P P P[6][7] P P 303(5)(b)(i) § 375- Heavy manufacturing P 303(5)(b)(ii) § 375- Light manufacturing C P P P 303(5)(b)(iii) Marijuana § 375- P P P manufacturing facility 303(5)(b)(iv) NOTES: [1]This use allowance is limited to portions of the ground or basement floor where the exterior of the building was originally designed, or subsequently altered prior to June 1, 2015, by an addition extending the building closer to the sidewalk than the original facade or the installation of commercial display windows that render use of the ground floor or basement as a residence impractical, and shall not exceed 1,500 square feet of gross floor area. [2]This use allowance is limited to buildings that were originally designed for nonresidential use. [3]This use is permitted in structures that were originally designed and constructed as multi-unit dwellings, and only for the number of dwelling units that legally existed prior to the adoption of this USDO. [4]A conditional use permit is required when the use exceeds 3,000 square feet of gross floor area. [5]A conditional use permit is required when the use exceeds 5,000 square feet of gross floor area. [6]Not permitted in areas designated as "connected edge" on the MU-FM District regulating plan. [7]A conditional use permit us required in areas designated as "neighborhood general" on the MU-FM District regulating plan. [8]This use shall not be located within 500 feet of an existing group living, other use. [9]This use shall be at least 1,000 feet from the nearest boundary line of a lot with a household living use, a group living use, a religious institution or a school or a park. [10]This use shall be located at least 1,000 feet from a religious institution, a school, a residential zoning district or a park, playground. [11]This use shall not be located within 1,000 feet of an existing convenience retail use. [12]A conditional use permit is required to increase the number of dwelling units within an existing building. See § 375-303(8). Matter in strikethrough to be deleted. New material is underlined.  Section 2. Paragraph b (Food and beverage service) of subsection 4 (Commercial uses) of section 375-303 (Use-specific 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: (b) Food and, beverage, and consumption service. (i) Bar or tavern or cannabis consumption site. (Reserved) (ii) Restaurant A. Any bar area shall be secondary and incidental to food service. B. No restaurant shall continue to serve alcohol for more than one hour after the normal menu food service has closed, or it shall seek approval to operate as a bar or tavern. Section 3. Paragraph f (Retail) of subsection 4 (Commercial uses) of section 375-303 (Use- specific 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: (f) Retail. (i) Adult retail. A. Adult retail uses shall be located a minimum of 1,000 feet from a religious institution, school, residential zoning district, park or playground. B. Adult retail uses shall be located a minimum of 1,000 fee from another adult entertainment or adult retail use. C. No adult retail use shall exceed 10,000 square feet of gross floor area. (ii) Convenience retail. A. No convenience retail use shall be located within 1,000 feet of another convenience retail use. B. The owner of the property shall keep on file with the Albany Police Department and the Department of Buildings and Regulatory Compliance the following information, and shall keep the information provided to those departments current at all times: Matter in strikethrough to be deleted. New material is underlined.  1. The name, address, telephone, and electronic notice information of the owner of the property and the operator of the convenience store (if it is not the property owner). 2. If the property owner resides more than 30 miles away from the property, the name, address, telephone, and electronic notice information for a designated local contact located closer to the property and authorized to accept and respond to any complaints about the operation of the property or business. C. Any use established or first occupying a property after June 1, 2017, shall be required to comply with the following standards before a certificate of occupancy will be issued. Any use established or first occupying a property before June 1, 2017, shall be required to comply with the following standards within two years after June 1, 2017. 1. Install a surveillance camera system with at least three cameras: one overlooking the cash register; one overlooking each public entrance to the convenience store; and one overlooking any on-site parking area. Cameras shall be operational 24 hours of each day or shall be triggered by motion detectors; recordings shall include the date and time the image was taken, and shall be retained for at least 30 days after each image is taken. Only the owner and facility operator shall have access to the recorded images. 2. Install a drop safe bolted to the floor near the cash register in a location visible by the security camera overlooking the cash register. 3. The building or site shall be designed to allow a clear line of site from the public right-of-way to each cash register area, and that clear line of site shall remain unobstructed by goods, materials, shelves, or anything hung from the ceiling or attached to a window or door. 4. Install trash receptacles in locations that are not visible from public rights-of-way. 5. Install signage near the front entrance (no larger than one square foot) that reads: "No Loitering." 6. The exterior of the premises shall be kept free of vending machines, merchandise and open storage. 7. Ensure that in compliance with § 375-409(4)(e), window signs do not obstruct more than 15% of any individual window, or collectively more than 10% of the window area on any story of the Matter in strikethrough to be deleted. New material is underlined.  building, exclusive of any notices required by federal, state, or local law. 8. All original window openings must be transparent and comply with Subsection (4)(f)(ii)C3 and 7 above. 9. Remove all litter from the premises, public sidewalks, curbs and alleys along the perimeters of the property, at least once each week. 10. Any convenience retail disallowed under the provisions of § 375- 507(5) shall not be reestablished within one year or closure and shall require a conditional use permit to be reopened. (iii) General retail. A. Merchandise may not be displayed, stored, or offered for sale on any yard adjacent to a residential district or within a public right-of-way. B. Cannabis Dispensary 1. Cannabis dispensaries shall comply with all regulations and standards as provided in the New York State Cannabis Law, and any prevailing regulations that New York State may enact. 2. No cannabis dispensary shall operate before 8:00 a.m. or after 11:00 p.m. (iv) Controlled substance dispensary. A. Marijuana dispensary. 1. No person or entity shall produce, grow, or sell medical marijuana or hold itself out as a New York State registered or licensed organization unless they are in compliance with New York State Public Health Law Article 33 or the New York State Cannabis Law and are registered or licensed as required by such laws, or are performing activities expressly exempt by such laws. B. Methadone dispensary. 1. This facility shall not be permitted in locations where its busiest hours of operation would cause significant congestion on any public street at peak traffic hours, as determined by the Albany Police Department, unless the facility enters into an agreement with the City to schedule or limit hours of operation to avoid such significant traffic congestion. Matter in strikethrough to be deleted. New material is underlined.  Section 4. Paragraph b (Manufacturing, processing and extraction) of subsection 5 (Industrial uses) of section 375-303 (Use-specific 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: (b) Manufacturing, processing and extraction. (i) Artisan manufacturing A. No outdoor storage shall be permitted except in the I-1 and I-2 Districts. (ii) Heavy manufacturing. A. All mining and related operations shall comply with Chapter 211, Article III (Mining Operations) of the City Code. (iii) Light manufacturing. A. No outdoor storage shall be permitted except in the I-1 and I-2 Districts. (iv) Marijuana manufacturing facility. A. No person or entity shall produce, grow, or sell medical marijuana or hold itself out as a New York State registered organization unless it has complied with Article 33 of the New York Public Health Law and this USDO, and is registered by the New York State Department of Health. B. A registered organization shall only manufacture approved medical marijuana products in accordance with Article 33 of the Public Health Law. C. A registered organization shall only manufacture approved medical marijuana products in an indoor, enclosed, secure facility. D. A registered organization shall not dispense approved medical marijuana products from the same location where the marijuana is grown or manufactured. E. All marijuana manufacturing facilities shall have a security system to prevent and detect diversion, theft, or loss of marijuana and/or medical marijuana products, using commercial grade equipment. F. Marijuana manufacturing facilities shall be restricted to only a single external sign with only black and white colors that shall not be illuminated at any time. Matter in strikethrough to be deleted. New material is underlined.  Section 5. Subsection 2 (Hours of operation) of section 375-410 (Operating and maintenance) 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: (2) Hours of operation. (a) In the R-1L, R-1M, R-2, R-T, R-M, and R-V Zoning Districts, no nonresidential use shall operate before 8:00 a.m. or after 10:00 p.m. (b) In the MU-NE Zoning District, no nonresidential use shall operate before 6:00 a.m. or after 11:00 p.m. (c) In the, MU-NC, MU-CU, MU-CI and MU-FM Zoning Districts, no use categorized as a food and, beverage and consumption use in Table 357.302.1 (Permitted Use Table) shall operate before 5:00 a.m. or after 2:00 a.m. (d) Cannabis dispensaries shall be subject to the hours of operation established in § 375-303(4)(f)(iii)(B). (e) Sidewalk and outdoor cafes shall be subject to the hours of operation established in § 375-303(6)(m). Section 6. Section 375-602 (Definitions) 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 only with regard to those definitions which are herein amended, inserted, or deleted, and which are to put in their appropriate places, alphabetically, within in the section : BANQUET FACILITY A building or part of a building in which the principal function is hosting special occasion events, parties, banquets, receptions, and that serves food and drink prepared elsewhere to groups of people on the premises, but that does not meet the definition of a bar or tavern cannabis consumption site. This use may have facilities for refrigeration or heating of food, but generally does not have facilities to prepare the food it serves on the premises. See also “restaurant.” BAR or TAVERN CANNABIS CONSUMPTION SITE An establishment where alcoholic beverages or cannabis products are sold to be consumed on the premises, and where any sale of food is secondary to the sale of alcoholic beverages or cannabis. This definition includes, but is not limited to a bar, grill, saloon, pub, public house, been garden, brewpub, cannabis lounge, or similar establishment, but does not include a banquet facility. CANNABIS DISPENSARY A business that is registered or licensed in the State of New York that sells or otherwise distributes cannabis for consumption off-premises. Matter in strikethrough to be deleted. New material is underlined. CONTROLLED SUBSTANCE DISPENSARY A business that is registered to operate in the State of New York that sells or otherwise distributed distributes drugs, goods, or materials that are listed as controlled substances under the Federal Controlled Substances Act or the New York State Public Health Law to persons, and under conditions, authorized by the State of New York. This use includes a marijuana dispensary and a methadone dispensary, but shall not include a cannabis dispensary. MARIJUANA DISPENSARY A business that is registered or licensed in the State of New York that sells or otherwise distributes marijuana. MARIJUANA MANUFACTURING FACILITY Includes, but is not limited to, cultivation, harvesting, extraction or other processing, packaging and labeling of marijuana for sale. OFFICE, GENERAL Establishments providing executive, management, administrative, professional services, consulting, banking, laboratory, recordkeeping, music or sound recording, or a headquarters of an enterprise or organization, but not including the on-premises sale of retail goods. This use does not include a blood plasma center, laboratory or research facility, professional office, marijuana cannabis dispensary, medical clinic or methadone dispensary. RETAIL A use that meets the definition of convenience retail, general retail, specialty retail, supermarket, but not including a marijuana dispensary or methadone dispensary. (1) RETAIL, GENERAL Establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods, including auction houses, that do not meet the definition of any other retail use, a restaurant use, or any other use listed in Table 375.302.1 (Permitted Use Table). This use shall include cannabis dispensaries. (2) RETAIL, CONVENIENCE A retail store selling a limited selection of groceries, beverages, snacks, lottery tickets, newspapers, magazines, tobacco products, household products and personal items to be consumed primarily off the premises. This use is designed to attract customers who purchase a relatively few items and depends upon a large volume of stop-and-go traffic. (3) RETAIL, SPECIALTY A retailer concentrating on selling a limited or select merchandise line of goods and having a narrow but extensive selection in their specialty. Examples are bicycle shops, music stores, florists, photo supply stores and antique shops. Matter in strikethrough to be deleted. New material is underlined.  (4) RETAIL, SUPERMARKET A retail or wholesale store selling foodstuffs and daily essential items, which may include but not be limited to canned goods, meats, dairy products, vegetables, condiments and paper goods, and in which at least 5% of the gross revenues of the establishment come from sales of fresh vegetables, fruit, and produce. Section 7. This ordinance shall take effect immediately. APPROVED AS TO FORM THIS 23RD DAY OF JUNE, 2023 _____________________________ Corporation Counsel Matter in strikethrough to be deleted. New material is underlined. To: Danielle Gillespie, City Clerk From: Brett Williams, Esq., Sr. Asst. Corporation Counsel Re: Common Council Legislation Supporting Memorandum Date: June 23, 2023 Sponsor(s): Council Member Balarin ORDINANCE 29.71.23R TITLE AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVLEOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY ESTABLISHING STANDARDS FOR CANNABIS DISPENSARIES AND CONSUMPTION SITES GENERAL PURPOSE OF LEGISLATION This ordinance updates the USDO with regard to Cannabis dispensaries in the City of Albany. This ordinance will need a SEQRA review and to be referred to the Albany County Planning Board under GML § 239-m. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW Section1 of this ordinance updates the permitted use table. Section 2 changes references to “food and beverage service and “bar and tavern” to include cannabis consumption sites. Section 3 adds use-specific standards for cannabis dispensaries, and removes references to marijuana dispensaries. Section 4 gets rid of use-specific standards for marijuana manufacturing facilities. Section 5 establishes hours of operation for cannabis consumption sites and dispensaries. Section 6 adds definitions for “Cannabis Consumption Site” and “Cannabis Dispensary,” deletes definitions for “Marijuana Dispensary” and “Marijuana Manufacturing Facility,” and clarifies and updates other definitions. FISCAL IMPACT None. Matter in strikethrough to be deleted. New material is underlined.