Planning, Economic Development and Land Use Committee
Regular MeetingAlbany, NY · September 12, 2023
Minutes
ALBANY COMMON COUNCIL
PLANNING, ECONOMIC DEVELOPMENT AND LAND USE COMMITTEE MINUTES
Alfredo Balarin, Chair
Meeting called by: Alfredo Balarin, Chair | Date: September 12, 2023 | Time: 5:37 PM
Committee Members Present: Balarin, Chair ☒ Adams ☒ Zamer ☒ Hoey ☒ Clarke ☒
Council Members Present: Kimbrough
City Personnel Present: Avi Epstein (Principal Planner), Shaniqua Jackson, Jake Eisland, Bryan
Jimenez, Juliette Geraghty
Speakers/Invitees: Paige Barnum (reappointee to the Board of Zoning Appeals); Jellisa
Joseph (appointee to the Board of Zoning Appeals)
Minutes
Agenda Item(s):
RESOLUTION 82.72.23R
A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE REAPPOINTMENT OF
PAIGE BARNUM TO THE BOARD OF ZONING APPEALS
RESOLUTION 76.71.23R
A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE APPOINTMENT OF
SHADI KHADIVI TO THE CITY OF ALBANY PLANNING BOARD
RESOLUTION 83.72.23R
A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE APPOINTMENT OF
JELLISA JOSEPH TO THE BOARD OF ZONING APPEALS
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
ORDINANCE 32.81.23
AN ORDINANCE AMENDING SECTION 375-405 (PARKING AND LOADING) OF CHAPTER 375
(UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF
ALBANY IN RELATION TO REQUIRING OFF-SITE PARKING FOR THE DURATION OF A
PROJECT
Questions and Discussion:
The Chair called the meeting to order.
Resolution 82.72.23R
o The Chair invited Paige Barnum up to speak.
o Paige Barnum introduced herself and spoke on her experiences and interest in the Board of Zoning Appeals.
o Council Member Hoey asked about her work with the New York State Office of Parks, Recreation, and
Historic Preservation, to which Paige Barnum responded.
o Paige Barnum thanked the committee for their consideration.
o Council Member Hoey moved to pass the resolution out of committee with a positive recommendation,
seconded by Council Member Zamer, and passed by voice vote.
Resolution 83.72.23R
o The Chair invited Jellisa Joseph up to speak.
o Jellisa Joseph introduced herself and spoke on her experiences and interest in the Board of Zoning Appeals.
o Council Member Balarin, chair of the committee, asked about why she chose to settle in Albany, to which
Jellisa Joseph responded.
o Jellisa Joseph thanked the committee for their time.
o Council Member Adams moved to pass the resolution out of committee with a positive recommendation,
seconded by Council Member Clarke, and passed by voice vote.
Resolution 76.71.23R
o Council Member Balarin confirmed that Shadi Khadivi was not able to make tonight’s meeting but will attend
the September 13th caucus/work session.
o Council Member Hoey and Research Counsel Jake Eisland spoke on discharging the resolution from the
committee at the September 18th regular meeting and allowing the full Council’s vote on the resolution to be
based on the interview during the September 13th caucus/work session.
Council Member Zamer spoke in favor of discharging the resolution from committee.
o Council Member Balarin and Research Counsel Jake Eisland spoke on holding the resolution for now, until it
is removed from committee at the upcoming regular meeting.
Ordinance 29.71.23
o Council Member Balarin spoke on concerns he has received about the distance between cannabis dispensaries
and schools/churches.
o Council Member Balarin further spoke on the proposed compromise of changing the hours of operation in the
Mixed-Use Neighborhood Edge (MU-NE) zoning districts to 10:00 AM to 8:00 PM
o Council Member Hoey asked if the regulations for hours of operations must be uniform across days of the
week, to which Principal Planner Avi Epstein responded that it does not have to be uniform.
o Council Member Zamer spoke on her concerns of making the process of opening dispensaries more difficult
and with altering the hours of operation specifically on Sundays.
o Council Member Zamer asked how the hours of operation were decided, to which Avi Epstein responded that
there were discussions with dispensary owners and research into other municipalities.
o Council Member Adams agreed with Council Member Zamer’s concerns with making the process of opening
dispensaries more difficult and limiting the hours of operation.
o Council Member Zamer asked if the different regulations for the MU-NE zoning district might lead to
lawsuits, to which Research Counsel Jake Eisland responded that having differing regulations among zoning
districts is generally acceptable.
o Council Member Adams spoke on the previous presentation from Chief Equity Officer Jasmine Higgins and
Principal Planner Avi Epstein, which covered the restriction that cannabis dispensaries/consumption sites may
not be located within 1,000 feet of each other.
o Council Member Balarin spoke on how approval is necessary to make changes to the ordinance and asked
about where MU-NE districts are located, to which Avi Epstein responded.
o Council Member Hoey asked if there are dispensaries that are waiting for this legislation to pass to be able to
open, which Avi Epstein confirmed.
o Avi Epstein spoke on data from other municipalities and feedback from a survey that lead to the initial
recommendation for hours of operation to be 8:00 AM-11:00 PM
o Council Member Balarin asked committee members for their input on the proposed changes.
o Council Member Clarke suggested creating a new category in the USDO for cannabis dispensaries rather than
including it in the general retail section, to which Avi Epstein responded that the change would be possible.
o Council Member Balarin spoke on his intention to move on this ordinance as quickly as possible.
o Council Member Zamer expressed her position that the hours of operation should be uniformly 8:00 AM-11:00
PM across all zoning districts.
o Council Members Zamer and Balarin further spoke on the proposed change to the hours of operation.
o Council Member Adams spoke on his support for the ordinance excluding the change to the hours of operation
in the MU-NE zoning district.
o Council Member Hoey agreed with the sentiments of Council Members Zamer and Adams and spoke in
support of moving forward with the ordinance.
o Council Member Adams spoke on the community outreach process that went into developing this legislation.
o Council Member Clarke spoke on the classification of Conditional Use for general retail in MU-NE zoning
districts, to which Avi Epstein confirmed the Planning Board would have power to alter the hours of operation
on a case-by-case basis in the MU-NE districts.
o Council Member Balarin spoke on not including the proposed change to the hours of operation in MU-NE
zoning districts and instead suggested the same hours of operation for liquor stores (9:00 AM to 9:00 PM).
Council Members Zamer and Adams responded that they are not in favor of the 9:00 AM to 9:00 PM
hours of operation.
o Council Member Hoey suggested keeping with the original uniform 8:00 AM-11:00 PM hours of operation.
o Council Member Balarin suggested hours of operation from 8:00 AM-10:00 PM, to which Council Members
Hoey, Adams, Zamer, and Clarke responded that they are willing to make this compromise.
o Council Member Balarin spoke on his position that it is important to take the opinions and concerns of
constituents under consideration.
o Avi Epstein spoke on the concerns received not being specifically about the hours of operation.
o Avi Epstein further spoke on the changes to the ordinance that clarifies that if a Conditional Use Permit is
required for a bar, it cannot be converted into a consumption site without obtaining a new Conditional Use
Permit, and vice versa.
o Council Member Zamer clarified that the discussed change to the hours of operation are for dispensaries and
not consumption sites, which Council Member Balarin and Avi Epstein confirmed.
o Council Member Balarin confirmed with committee members that they are in favor of the proposed changes to
the hours of operation (8:00 AM-10:00 PM) and to the additional language regarding Conditional Use Permits.
o Council Member Hoey moved to pass the ordinance out of committee with a positive recommendation,
including the initial proposed amendments (except for the change in the hours of operation to MU-NE districts
and instead changing the hours of operation for dispensaries to 8:00 AM-10:00 PM), seconded by Council
Member Clarke, and passed by voice vote.
o Avi Epstein asked about the proposed change to the Permitted Use Table to include a new category for
cannabis dispensaries, to which Research Counsel Jake Eisland confirmed the proposed changes and
recommended taking the motion again.
o Council Member Balarin asked for a motion to pass Ordinance 29.71.23 out of committee with a positive
recommendation with the following amendments: a bar cannot be reclassified as a consumption site without
going through the proper process (Section 2), striking the changes to the hours of operation of dispensaries in
MU-NE zoning districts in Section 3, change the hours of operations of dispensaries to 8:00 AM-10:00 PM,
and add a separate classification for cannabis dispensaries to the Permitted Use Table.
o Council Member Hoey moved to pass Ordinance 29.71.23 out of committee with a favorable recommendation
with the above changes, seconded by Council Member Clarke, and passed by voice vote.
o Council Member Balarin thanked Avi Epstein for his work on the ordinance.
Ordinance 32.81.23
o Council Member Balarin asked Avi Epstein if he could speak on behalf of Ordinance 32.81.23, to which Avi
Epstein responded.
o Council Member Balarin spoke on holding the ordinance until a late date.
o Research Counsel Jake Eisland spoke on a public hearing for the ordinance and the ordinance going before the
County Planning Board.
o Council Member Balarin confirmed with committee members that they are in favor of holding the ordinance
until a later date.
Public Comment:
No public comment was made.
Adjourn:
The Chair asked for a motion to adjourn at 6:44 PM, Council Member Hoey moved to adjourn, seconded by Council
Member Zamer.
Respectfully Submitted,
Juliette Geraghty
Junior Legislative Aide
Agenda
COMMON COUNCIL MEETING
PLANNING, ECONOMIC DEVELOPMENT AND LAND USE
Alfredo Balarin, Chair
DATE: Tuesday, September 12th, 2023
TIME: 5:30 PM
LOCATION: Council Chambers-2nd Floor. City Hall
TOPICS OF DISCUSSION:
RESOLUTION 82.72.23R
A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE
REAPPOINTMENT OF PAIGE BARNUM TO THE BOARD OF ZONING APPEALS
RESOLUTION 76.71.23R
A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE
APPOINTMENT OF SHADI KHADIVI TO THE CITY OF ALBANY PLANNING
BOARD
RESOLUTION 83.72.23R
A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE
APPOINTMENT OF JELLISA JOSEPH TO THE BOARD OF ZONING APPEALS
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
ORDINANCE 32.81.23
AN ORDINANCE AMENDING SECTION 375-405 (PARKING AND LOADING) OF
CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE
CODE OF THE CITY OF ALBANY IN RELATION TO REQUIRING OFF-SITE
PARKING FOR THE DURATION OF A PROJECT
PUBLIC COMMENT PERIOD: YES
Council Member Balarin, on behalf of the Committee on Planning, Land Use, and
Economic Development, introduced the following:
RESOLUTION 82.72.23R
A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE
REAPPOINTMENT OF PAIGE BARNUM TO THE BOARD OF ZONING APPEALS
WHEREAS, the Mayor of the City of Albany has, pursuant to the provisions of Article 3
of the City Charter, reappointed Paige Barnum as a member of the Board of Zoning Appeals; and
WHEREAS, the Common Council must consent to the Mayor’s appointments of members
to the Board of Zoning Appeals under Article 3 of the City Charter;
NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of
Albany consents to the appointment of Paige Barnum to the Board of Zoning Appeals for a term
of office to expire December 31, 2025.
To: Danielle Gillespie, City Clerk
From: Brett Williams, Esq. Sr. Asst. Corporation Counsel
Re: Common Council Legislation
Supporting Memorandum
Date: July 6, 2023
Sponsor: Balarin o/b/o Planning Committee
RESOLUTION 82.72.23R
TITLE
A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE REAPPOINTMENT
OF PAIGE BARNUM TO THE BOARD OF ZONING APPEALS
GENERAL PURPOSE OF LEGISLATION
To reappoint Paige Barnum to a term of the Board of Zoning Appeals which will expire on
December 31, 2025.
NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW
The Common Council must confirm mayoral appointments to the BZA 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 76.71.23R
A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE
APPOINTMENT OF SHADI KHADIVI 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 Shadi Khadivi 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 Shadi Khadivi. to the City of Albany Planning Board for a
term of office to expire December 31, 2026.
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 76.71.23R
TITLE
A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE APPOINTMENT
OF SHADI KHADIVI TO THE CITY OF ALBANY PLANNING BOARD
GENERAL PURPOSE OF LEGISLATION
This resolution approves the appointment of Shadi Khadivi to the Planning Board for a term which
will expire on December 31, 2026.
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 83.72.23R
A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE
APPOINTMENT OF JELLISA JOSEPH TO THE BOARD OF ZONING APPEALS
WHEREAS, the Mayor of the City of Albany has, pursuant to the provisions of Article 3
of the City Charter, appointed Jellisa Joseph as a member of the Board of Zoning Appeals; and
WHEREAS, the Common Council must consent to the Mayor’s appointments of members
to the Board of Zoning Appeals under Article 3 of the City Charter;
NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of
Albany consents to the appointment of Jellisa Joseph to the Board of Zoning Appeals for a term
of office to expire December 31, 2023.
To: Danielle Gillespie, City Clerk
From: Brett Williams, Esq. Sr. Asst. Corporation Counsel
Re: Common Council Legislation
Supporting Memorandum
Date: July 6, 2023
Sponsor: Balarin o/b/o Planning Committee
RESOLUTION 83.72.23R
TITLE
A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE APPOINTMENT
OF JELLISA JOSEPH TO THE BOARD OF ZONING APPEALS
GENERAL PURPOSE OF LEGISLATION
To appoint Jellisa Joseph to a term of the Board of Zoning Appeals 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 BZA 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.
Council Member Balarin, on behalf of the Committee on Planning, Economic Development,
and Land Use, introduced the following:
ORDINANCE 32.81.23
AN ORDINANCE AMENDING SECTION 375-405 (PARKING AND LOADING) OF
CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE
CODE OF THE CITY OF ALBANY IN RELATION TO REQUIRING OFF-SITE
PARKING FOR THE DURATION OF A PROJECT
The City of Albany, in Common Council convened, does hereby ordain and enact:
Section 1. Paragraph (c) (Minimum required and maximum parking allowed) of subsection
(2) (Off-street parking requirement) of section 375-405 (Parking and loading) of chapter 375
(Unified Sustainable Development) of Part II (General Legislation) of the Code of the City of
Albany is hereby amended to read as follows:
(c) Minimum required and maximum parking allowed
(i) In all zoning districts, off-street parking shall be provided in accordance with Table
375.405.1, Minimum and Maximum Off-Street Parking, as adjusted by other
provisions of this USDO, and such off-street parking shall remain available in such
quantities as described in Table 375.405.1 for the duration of the use.
Section 2. Subparagraph (iv) (Off-site parking) of paragraph (f) (Parking alternatives and
adjustments) of subsection (2) (Off-street parking requirement) of section 375-405 (Parking and
loading) of chapter 375 (Unified Sustainable Development) of Part II (General Legislation) of the
Code of the City of Albany is hereby amended to read as follows:
(iv) Off-site parking.
A. Where allowed as a permitted or conditional use in Table 375.302.1
(Permitted Use Table), and as an alternative to providing on-site parking,
parking spaces that are not required to be provided on-site by the Americans
with Disabilities Act or state law may be provided at a location with the
closest lot line being no more than 300 feet from a lot line of the property
with the development or redevelopment it serves
B. The off-site parking spaces shall be located with a legally compliant parking
lot or garage that complies with all applicable use regulations set forth
within this USDO, and such spaces shall not also be credited to another use
at the proposed or another location.
C. The applicant for approval of off-site parking shall provide evidence, at the
Chief Planning Official’s request, that the proposed off-site parking location
will remain available for the proposed parking use for a period of at least
Matter in strikethrough to be deleted. Matter underlined is new material.
two years. Nothing in this section shall be construed as abrogating the
requirement for minimum parking requirements to be satisfied for the life
of the project.
Section 3. This ordinance shall take effect immediately.
APPROVED AS TO FORM THIS
26TH DAY OF JULY, 2023
_____________________________
Corporation Counsel
Matter in strikethrough to be deleted. Matter underlined is new material.
To: Shaniqua Jackson, Acting City Clerk
From: Brett Williams, Esq., Sr. Asst. Corporation Counsel
Re: Common Council Legislation
Supporting Memorandum
Date: July 26, 2023
Sponsor: Council Member Balarin o/b/o Planning Committee
ORDINANCE 32.81.23
TITLE
AN ORDINANCE AMENDING SECTION 375-405 (PARKING AND LOADING) OF
CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE
OF THE CITY OF ALBANY IN RELATION TO REQUIRING OFF-SITE PARKING FOR THE
DURATION OF A PROJECT
GENERAL PURPOSE OF LEGISLATION
ANY CHANGE TO EXISTING LAW
FISCAL IMPACT
None.
Matter in strikethrough to be deleted. Matter underlined is new material.
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