Planning, Economic Development and Land Use Committee
Regular MeetingAlbany, NY · April 29, 2024
Minutes
ALBANY COMMON COUNCIL
PLANNING, ECONOMIC DEVELOPMENT AND LAND USE COMMITTEE MINUTES
Alfredo Balarin, Chair
Meeting called by: Alfredo Balarin, Chair | Date: April 29, 2024 | Time: 5:37PM
Committee Members Present: Balarin, Chair ☒ | Adams ☒ | Zamer ☐ | Hoey ☒ | Clarke ☒
Council Members Present: Anane
City Personnel Present: Brad Glass (Planning Director), Shaniqua Jackson, Jake Eisland, Max Thierry,
Juliette Geraghty
Minutes
Agenda Item(s):
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:
No public comment was heard.
Questions and Discussion:
The Chair called the meeting to order and spoke on taking the agenda out of order to discuss Ordinance
3.21.24 first.
Ordinance 3.21.24
Council Member Anane, sponsor of the legislation, spoke on the purpose and content of the ordinance.
Planning Director Brad Glass spoke on the sharp increase seen in the number of smoke shops and further
spoke on the intent and impact of the proposed legislation.
Council Member Hoey asked if the applications currently on hold would be denied if the proposed
legislation is passed, to which Brad Glass responded that it is likely some of them would be and that he
would follow-up.
Council Member Hoey asked about illegal cannabis sales at smoke/vape shops to which Brad Glass
responded and spoke on the goal of ensuring legal cannabis dispensaries are successful.
Council Member Clarke asked about the possibility of expanding the conditional use requirement in the
permitted use table of the Unified Sustainable Development Ordinance (USDO) to more zoning districts
in order to further regulate smoke/vape shops, to which Brad Glass responded that he has no objection to
this and further spoke of the process for businesses receiving a conditional use permit.
Council Member Clarke asked when a smoke/vape shop would be classified as an accessory use, as listed
in the permitted use table for the Light Industrial (I-1) zoning district, to which Brad Glass responded that
the zoning regulations for smoke/vape shops followed the same zoning regulations as cannabis
dispensaries but this accessory use classification could be removed.
Council Member Clarke asked if the Council should be considering further regulations at this time, to
which Brad Glass responded.
Council Member Clarke asked if there has been any consideration of increasing the distance requirement
between smoke/vape shops and the closest school or places of worship, to which Brad Glass responded
and informed the committee that convenience stores, which can sell tobacco products, do not have a
distance restriction between schools or places of worship.
Council Member Balarin asked if it is possible to have a distance requirement between any business that
has a license to sell tobacco or cannabis, to which Brad Glass responded that it may be difficult to
administer.
Council Member Balarin asked for more information regarding illegal sales of cannabis at tobacco
retailers, to which Brad Glass responded.
Council Member Anane spoke on the illegal sales of cannabis at tobacco retailers and the enforcement
from the State.
Council Member Hoey spoke on his concerns regarding tobacco retailers selling cannabis to underage
individuals.
Brad Glass spoke on challengers with enforcement and further spoke on the proposed legislation
addressing the problem of the over-saturation of smoke/vape shops.
Council Member Balarin put forward the following suggestions: smoke/vape shops must be at least 500
feet from a school and 200 feet from a place of worship (the same regulations as cannabis dispensaries);
smoke/vape shops must be at least 1,000 feet from any other tobacco retailer; cap the number of legal
smoke/vape shops at 25.
Council Member Balarin spoke on holding the legislation to have a further conversation on the proposed
legislation and potential amendments.
Council Member Hoey spoke on the availability of tobacco products at gas stations and convenience
stores, to which Brad Glass responded and spoke on the proliferation of smoke shops leading to the
supply surpassing the market for the product.
Council Member Adams spoke in support of defining smoke and vape shops in the USDO and requiring a
minimum 1,000 distance between these businesses. Council Member Adams then spoke on his concerns
with further limiting smoke/vape shops.
Council Member Clarke spoke on the provision in the USDO that states that violations of state or federal
law are in violation of the USDO and the Chief Planning Official can then revoke any permit or approval.
Council Member Clarke spoke on his concern that defining smoke or vape shops as an establishment
where 20% or more of the retail area is dedicated to tobacco products may be arbitrary, to which Brad
Glass concurred and spoke on the proposed revised definition.
Council Member Hoey spoke on his position that code enforcement officers are responsive and a useful
resource when it comes to enforcement.
Council Member Hoey asked Brad Glass about his experience utilizing code enforcement officers for
enforcement, to which Brad Glass responded and spoke on his hesitation to using zoning as an
enforcement tool but that zoning can be used to address some of the issues arising.
Council Member Hoey spoke on his concerns with underage individuals being able to purchase cannabis.
Council Member Adams spoke on his position that focusing on enforcement may be unrealistic at this
time and it is unfair to single out smoke/vape shops with higher restrictions.
Council Member Balarin spoke on separating enforcement and zoning. Council Member Balarin further
spoke on his position that smoke/vape shops should have the same regulations as cannabis dispensaries
and that the Council should consider a minimum distance of 1,000 between any tobacco retailers as well
as a cap on the number of legal smoke/vape shops.
Council Member Anane asked for the position on whether the committee should move forward Ordinance
3.21.24 as introduced and work on drafting further regulations at a later time, or continue discussions of
the legislation with potential amendments.
o Brad Glass spoke on his next steps, including mapping the existing locations of smoke/vape
shops to see where new locations would be able to open if there is a 1,000 foot distance
requirement from other smoke/vape shops.
Council Member Anane spoke on his concerns with requiring 1,000 feet between all tobacco retailers,
including gas stations and convenience stores, due to these stores also providing other products, such as
food.
Council Member Balarin asked if current businesses would be grandfathered in, which Brad Glass
confirmed that the way the legislation is currently written, existing businesses would be grandfathered in.
Council Member Balarin spoke on scheduling a future committee meeting to further discuss potential
amendments and thanked Brad Glass for attending.
Local Law A of 2024
City Clerk Shaniqua Jackson read a letter from Sustainability Advisory Committee (SAC) Chair Violetta
De Rosa into the record.
Research Counsel Jake Eisland spoke on the reason why Common Council appointees were increased
from five to seven, rather than both Mayoral and Common Council appointees increasing from five to six.
Council staff further spoke on suggested amendments to the legislation to reflect the current City
structure.
Council Member Hoey asked what the difference between a committee and a commission is, to which
Research Counsel Jake Eisland responded and spoke on his position that commission is a more
appropriate term.
Council Member Balarin asked for clarification on the changes related the City structure, to which
Council staff responded.
Council Member Balarin suggested passing the legislation out of committee, pending amendments and
verification of the proper departments involved in the SAC, to which Research Counsel Jake Eisland
confirmed that Council staff would verify.
Council Member Clarke spoke on language in the legislation that allows for the designees of department
heads to serve on the commission.
Council Member Clarke asked if the SAC is currently a full capacity with members, to which Council
Member Balarin and Research Counsel Jake Eisland responded that they believe it is.
Council Member Clarke asked if the administration is in favor of increasing the Common Council
appointees by two, to which Research Counsel Jake Eisland responded.
Council Member Balarin asked if the new positions have voting power, to which Research Counsel Jake
Eisland responded affirmatively.
Council Member Balarin asked if the administration has seen this draft, to which Research Counsel Jake
Eisland responded that Council staff has been in communication with the SAC and that Senior Assistant
Corporation Counsel Brett Williams has seen the draft.
Council Member Balarin spoke on his position that the committee should pass Local Law A of 2024 out
of committee today, pending amendments.
Council Member Hoey spoke on his support for either six or seven Council appointees.
Council Member Clarke spoke on his support for the legislation.
Council Member Hoey moved to pass Local Law A of 2024 out of committee with a favorable
recommendation, pending the amendments discussed, seconded by Council Member Adams, and passed
unanimously by voice vote.
Adjourn:
Council Member Hoey moved to adjourn, seconded by Council Member Adams, and passed by voice vote. The
meeting was adjourned at 6:42PM.
Respectfully Submitted,
Juliette Geraghty
Junior Legislative Aide
Agenda
COMMON COUNCIL MEETING
PLANNING, ECONOMIC DEVELOPMENT AND LAND USE
Alfredo Balarin, Chair
DATE: MONDAY, APRIL 29th, 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.
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