Planning, Economic Development and Land Use Committee

COMMON COUNCIL MEETING PLANNING, ECONOMIC DEVELOPMENT AND LAND USE Alfredo Balarin, Chair DATE: WEDNESDAY, APRIL 17th, 2024 TIME: 5:30 PM LOCATION: Council Chambers-2nd Floor, City Hall TOPICS OF DISCUSSION:  LOCAL LAW A OF 2024 A LOCAL LAW AMENDING PART 8 (SUSTAINABILITY ADVISORY COMMITTEE) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO RENAMING AND INCREASING THE SIZE OF THE SUSTAINABILITY ADVISORY COMMITTEE  ORDINANCE 3.21.24 AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO SMOKE OR VAPE SHOPS PUBLIC COMMENT PERIOD: YES Council Member Balarin, on behalf of the Committee on Planning, Economic Development, and Land Use, introduced the following: LOCAL LAW A OF 2024 A LOCAL LAW AMENDING PART 8 (SUSTAINABILITY ADVISORY COMMITTEE) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO RENAMING AND INCREASING THE SIZE OF THE SUSTAINABILITY ADVISORY COMMITTEE Be it enacted, by the Common Council of the City of Albany, as follows: Section 1. Part 8 (Sustainability Advisory Committee) 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: Part 8 Sustainability Advisory Committee Commission § 42-132 Legislative intent. The City of Albany by Resolution 51.52.09R and Executive Order No. 422-09 has pledged to combat climate change and take action to adopt more sustainable practices by becoming a “Climate Smart Community.” The City of Albany Common Council believes that the social, economic, and environmental aspects of sustainability are key to the successful implementation of the Albany 2030 Plan. Additionally, the City of Albany Common Council believes that there is overwhelming scientific consensus that climate change poses a real and increasing threat to our local and global environments which is primarily due to the burning of fossil fuels. The effects of climate change will endanger our infrastructure, economy and livelihoods; harm our farms and food systems, ecological communities, including native fish and wildlife populations; spread invasive species and exotic diseases; reduce drinking water supplies and recreational opportunities; and pose health threats to our citizens. Reducing greenhouse gas emissions and increasing our community’s resiliency will require sustained and substantial efforts by all levels of government, interest groups, and citizens. Establishment of a Sustainability Advisory Committee Commission is a necessary step in fostering unified action on climate change. § 42-133 Establishment; appointment of members. A. There is hereby established a Sustainability Advisory Committee Commission comprised of 15 19 voting members, five of whom shall be appointed by the Mayor and five seven of whom shall be appointed by the Common Council. The remaining members of the Committee Commission shall be composed of the following: the Commissioner of the Department of General Service, the Commissioner of Development and Planning, the Commissioner of the Water Department, the City Engineer, the Director of Infrastructure Management, the Director of Sustainability, and the head of the Police Traffic Safety Unit, or their designees. Matter in strikethrough to be deleted. Matter underlined is new material. B. The members appointed by the Mayor and Common Council shall be appointed for three- year terms; provided, however, that members initially appointed by the Mayor and Common Council, one shall be for a term of one year, two shall be for a term of two years, and two shall be for a term of three years. C. Members shall continue to serve on the Committee Commission until their successors have been appointed. D. Annually, from among its membership, the Committee Commission shall elect a Chair and such other officers as determined. E. Any vacancy occasioned by resignation, death or removal of a member shall be filled promptly in the same manner as the predecessor to fill the unexpired term. F. The Committee Commission shall have the authority to create subcommittees to focus on specific topics, including, but not limited to, energy, equity, transportation, water, waste, and food systems. Membership on the subcommittees shall be open to the general public at the discretion of the Committee Commission. § 42-134 Qualifications of members. The members of the Committee Commission appointed by the Mayor and Common Council shall reside in the City of Albany and possess a reputation for fairness, integrity and responsibility and have demonstrated an active interest in public affairs and the environment. The Mayor and the Common Council shall reflect community diversity in their appointments, including, but not limited to, income level, race, religion, ethnicity, age, gender and sexual orientation. § 42-135 Meetings; staff. The Committee Commission shall meet no less than six times per year and shall establish a regular meeting calendar which is readily accessible to the public. Meetings of the Committee Commission shall be public and comply with provisions of the Open Meetings Law. The Mayor’s Office of Sustainability as staffed by the Division of Planning shall serve as staff to the Committee Commission. § 42-136 Powers and duties. The Committee Commission shall have the following functions, powers and duties to: A. Study and recommend methods to reduce greenhouse gas emissions, increase energy efficiency, and renewable energy production, conserve water, reduce waste, and employ environmentally responsible products; B. Promote the use of methods, systems, and materials that do not deplete natural land, water, and energy resources or harm natural cycles; C. Encourage the growth of green businesses and green jobs within the City, as well as the adoption of sustainable practices by existing businesses; Matter in strikethrough to be deleted. Matter underlined is new material. D. Work cooperatively with similar task forces in neighboring communities to ensure that efforts complement and reinforce one another; E. Empower every resident of the City, regardless of social demographics or economic means, by informing City residents of practical and attainable ways to live sustainably; F. Consider ways for large academic, governmental, or institutional communities to become more environmentally sensitive; G. Encourage and stimulate City of Albany agencies and departments to take such action as will fulfill the purposes of this Part; H. Make recommendations as necessary and appropriate to the Mayor and the Common Council to effectuate the goals and purposes of this Part. I. Assist with the implementation and monitoring of the Climate Action and Adaptation Plans, as well as the Capital Region Sustainability Plan. § 42-137 Reports. The Committee Commission shall file an annual report in by June 30 of each year with the Common Council and the Mayor summarizing the work and activities of the Committee Commission since the previous June. Section 2. Section 153-8 (Membership of CCA Oversight Board) of Chapter 153 (Community Choice Aggregation) of Part II (General Legislation) of the Code of the City of Albany is hereby amended to read as follows: § 153-8 Membership of CCA Oversight Board. A. The membership of the CCA Oversight Board shall consist of five members comprised of: two members of the Common Council selected by the President Pro Tem, the Chair of the Sustainability Advisory Committee Commission or his or her designee, the Chief Planning Official or his or her designee, and a Mayoral appointee who is a resident of the City of Albany. B. The Chairperson of this Board shall be chosen amongst the membership by a majority vote. Section 3. This Local Law shall take effect upon passage, public hearing, and filing with the Secretary of State. APPROVED AS TO FORM THIS 9TH DAY OF MARCH, 2024 ________________________________ Matter in strikethrough to be deleted. Matter underlined is new material. Corporation Counsel Matter in strikethrough to be deleted. Matter underlined is new material. To: Shaniqua Jackson, City Clerk From: Bryan Jimenez, Senior Legislative Aide Jake Eisland, Esq., Research Counsel Re: Common Council Legislation Supporting Memorandum Date: February 8, 2024 Sponsor(s): Balarin o/b/o Planning LOCAL LAW A OF 2024 TITLE A LOCAL LAW AMENDING PART 8 (SUSTAINABILITY ADVISORY COMMITTEE) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO RENAMING AND INCREASING THE SIZE OF THE SUSTAINABILITY ADVISORY COMMITTEE GENERAL PURPOSE OF LEGISLATION This local law will rename the Sustainability Advisory Committee to the Sustainability Commission and increase the number of members serving on the Commission from fifteen to nineteen members. NECESSITY FOR LEGISLATION AND CHANGES TO EXISITING LAW This legislation renames the Sustainability Advisory Committee to the Sustainability Commission to better align the name of the group with its organizational structure as well as increases the size of the Commission from fifteen to nineteen members. This will allow for greater input from department directors aligned with sustainability efforts and provides additional input from the Community, Mayor, and Common Council. FISCAL IMPACT(S) None. Matter in strikethrough to be deleted. Matter underlined is new material. Council Member Anane introduced the following: ORDINANCE 3.21.24 AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO SMOKE OR VAPE SHOPS 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: Table 375.302.1 Permitted Use Table P=Permitted Use | C=Conditional Use | A=Accessory Use | T=Temporary Use Special Residential Mixed-Use Purpose Use-Specific MU-NC MU-CU MU-CH MU-FW MU-FM Zoning District Standard in R-1L R-1M R-2 R-T R-M R-V MU-NE MU-DT MU-CI MU-FC MU-FS I-1 I-2 LC Article III LAND USE CATEGORY COMMERCIAL USES Retail § 375- Adult retail C C P 303(4)(f)(i) P[5] P[6][7] § 375- Cannabis dispensary C P P P P P P P A A 303(4)(f)(ii) Controlled substance C C C C P P § 375- dispensary 303(4)(f)(iii) § 375- Convenience retail P[5 P P P P P P P P[6][7] P 303(4)(f)(iv) § 375- General retail C P[5 P P P P P P P P[6][7] A 303(4)(f)(v) P[5] P[6][7] § 375- Smoke or vape shop C P P P P P P P A 303(4)(f)(vi) § 375- 303(4)(f)(vi) Specialty retail P[1] P[1] P[1] P[4] P[5] P P P P P P P P[6][7] A § 375- 303(4)(f)(vii) § 375- 303(4)(f)(vii) Supermarket P P P C P P P P[6][7] P § 375- 303(4)(f)(viii) Matter in strikethrough to be deleted. Matter underlined is new material.  Section 2. Subparagraph viii (Smoke or vape shop) of paragraph f (Retail) of subsection 4 (Commercial Uses) of section 375-303 (Use-specific standards) 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 added as follows: (vi) Smoke or vape shop. A. No smoke or vape shop use shall be located within 1,000 feet of smoke or vape shop use. (vi) (vii) Specialty retail (vii) (viii) Supermarket Section 3. Paragraph c (Minimum required and maximum parking allowed) of Subsection 2 (Off-street parking requirement) of Section 375-405 (Parking and loading) 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 added 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. Table 375.405.1 Minimum and Maximum Off-Street Parking GFA = Gross Floor Area; NLA = Net Leasable Area Minimum Number of Spaces Maximum Number of Spaces Land Use Category Required Allowed COMMERCIAL USES Retail General retail 1 per 400 square feet NLA 1 per 350 square feet NLA Specialty retail 1 per 400 square feet NLA 1 per 350 square feet NLA Adult retail 1 per 300 square feet NLA 1 per 250 square feet NLA Cannabis dispensary 1 per 400 square feet NLA 1 per 350 square feet NLA Controlled substance 1 per 300 square feet NLA 1 per 250 square feet NLA dispensary Convenience retail 1 per 300 square feet NLA 1 per 250 square feet NLA Smoke or vape shop 1 per 400 square feet NLA 1 per 350 square feet NLA Supermarket 1 per 300 square feet NLA 1 per 250 square feet NLA Section 4. Section 375-602 (Definitions) of Article VI (Rules of Construction; Definitions) of Chapter 375 (Unified Sustainable Development Ordinance) of Part II (General Legislation) of the Code of the City of Albany is hereby amended by adding a new definition, to be inserted into the section in its proper alphabetical place, to read as follows: Matter in strikethrough to be deleted. Matter underlined is new material. SMOKE OR VAPE SHOP An establishment where 20% or more of the retail area is dedicated to display, sale, distribution, delivery, offering, furnishing, or marketing of tobacco, tobacco products, or tobacco paraphernalia, electronic smoking devices, liquid nicotine containers or vapor product, including providing an area for smoking tobacco products. Section 5. This ordinance shall take effect immediately. APPROVED AS TO FORM THIS 25TH DAY OF JANUARY, 2024 ________________________________ Corporation Counsel Matter in strikethrough to be deleted. Matter underlined is new material. To: Shaniqua Jackson, Acting City Clerk From; Brett Williams, Senior Assistant Corporation Counsel Re: Common Council Legislation Supporting Memorandum Date: January 24, 2024 Sponsor: Council Member Anane ORDINANCE 3.21.24 TITLE AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO SMOKE OR VAPE SHOPS GENERAL PURPOSE OF LEGISLATION This ordinance clarifies certain ambiguities present in the USDO as to how smoke shops, vape shops, tobacco or vape consumption businesses and other retail businesses primarily engaged in the sale of smoking and tobacco products should be classified and regulated. NECESSITY FOR LEGISLATION AND CHANGES TO EXISITING LAW The legalization of cannabis at the state level has led to an influx of smoke shops, vape shops, tobacco or vape consumption businesses and other retail businesses primarily engaged in the sale of smoking and tobacco products, and tobacco or cannabis paraphernalia throughout the City. While considerable licensing requirements exist, and many zoning functions preempted, under New York State Law regarding cannabis uses, no such state-wide authority exists which regulates smoke shops, vape shops and tobacco or vape consumption businesses. TIME FRAME FOR PASSAGE Applications for smoke or vape shops will be delayed until such time that the USDO is amended. Accordingly, it is recommended that the proposed amendments be considered as expeditiously as is practicable. FISCAL IMPACTS Unknown. Matter in strikethrough to be deleted. Matter underlined is new material.