Planning, Economic Development and Land Use Committee

COMMON COUNCIL MEETING PLANNING, ECONOMIC DEVELOPMENT AND LAND USE Alfredo Balarin, Chair DATE: MONDAY, JUNE 10th, 2024 TIME: 5:30 PM LOCATION: Council Chambers-2nd Floor, City Hall TOPICS OF DISCUSSION:  ORDINANCE 12.51.24 AN ORDINANCE AMENDING CHAPTER 375 OF THE CODE OF THE CITY OF ALBANY (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) BY CHANGING THE ZONING CLASSIFICATION OF PARCEL KNOWN AS 139 LARK STREET FROM RESIDENTIAL TOWNHOUSE (R-T) TO MIXED USE-COMMUNITY URBAN (MU-CU) AND AMENDING THE ZONING MAP ACCORDINGLY  ORDINANCE 13.51.24 (Pending Amendment 6/17/2024) AN ORDINANCE AMENDING CHAPTER 375 OF THE CODE OF THE CITY OF ALBANY (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) BY CHANGING THE ZONING CLASSIFICATION OF PARCELS KNOWN AS 184 THROUGH 196 LIVINGSTON AVENUE FROM RESIDENTIAL TOWNHOUSE (R-T) TO MIXED USE- NEIGHBORHOOD EDGE (MU-NE) AND AMENDING THE ZONING MAP ACCORDINGLY  ORDINANCE 10.42.24 AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO COMMERCIAL FOOD PREPARATION PUBLIC COMMENT PERIOD: YES Council Member Love introduced the following: ORDINANCE 12.51.24 AN ORDINANCE AMENDING CHAPTER 375 OF THE CODE OF THE CITY OF ALBANY (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) BY CHANGING THE ZONING CLASSIFICATION OF PARCEL KNOWN AS 139 LARK STREET FROM RESIDENTIAL TOWNHOUSE (R-T) TO MIXED USE- COMMUNITY URBAN (MU-CU) AND AMENDING THE ZONING MAP ACCORDINGLY The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Chapter 375 of the Code of the City of Albany (Unified Sustainable Development Ordinance) and the Official Zoning Map are hereby amended to change the zoning classifications of property formerly known as No. 139 Lark Street from Residential Townhouse (R-T) to Mixed Use-Community Urban (MU-CU), said property being more particularly described as follows: The parcel of land situated in the City of Albany, County of Albany and State of New York, being more particularly described as follows: Section: 65.72 Block: 4 Lot: 29 Said premises, more commonly known as 139 Lark Street, measuring approximately 0.04± acres. Section 2. This ordinance shall take effect immediately. APPROVED AS TO FORM THIS 26TH DAY OF APRIL, 2024 _____________________________ Corporation Counsel Material in strikethrough to be deleted. Matter underlined is new material. To: Shaniqua Jackson, City Clerk From: Jake Eisland, Research Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: April 24, 2024 SPONSOR Council Member Love ORDINANCE 12.51.24 TITLE AN ORDINANCE AMENDING CHAPTER 375 OF THE CODE OF THE CITY OF ALBANY (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) BY CHANGING THE ZONING CLASSIFICATION OF PARCEL KNOWN AS 139 LARK STREET FROM RESIDENTIAL TOWNHOUSE (R-T) TO MIXED USE-COMMUNITY URBAN (MU-CU) AND AMENDING THE ZONING MAP ACCORDINGLY GENERAL PURPOSE OF LEGISLATION This ordinance amends the zoning map of the City of Albany for the property 139 Lark Street. The property is are currently zoned R-T. This legislation would change that to MU-CU, which is more consistent with the neighboring properties on Spruce Street. The changes proposed herein will also need to be referred to the County Planning Board under General Municipal Law § 239-M. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW Amendments to the Zoning Map and the USDO require Common Council action by ordinance. FISCAL IMPACTS None. Material in strikethrough to be deleted. Matter underlined is new material. Council Member Robinson introduced the following: ORDINANCE 13.51.24 (Pending Amendment 6/17/2024) AN ORDINANCE AMENDING CHAPTER 375 OF THE CODE OF THE CITY OF ALBANY (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) BY CHANGING THE ZONING CLASSIFICATION OF PARCELS KNOWN AS 184 THROUGH 196 LIVINGSTON AVENUE FROM RESIDENTIAL TOWNHOUSE (R-T) TO MIXED USE-NEIGHBORHOOD EDGE (MU-NE) AND AMENDING THE ZONING MAP ACCORDINGLY The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Chapter 375 of the Code of the City of Albany (Unified Sustainable Development Ordinance) and the Official Zoning Map are hereby amended to change the zoning classifications of 184 through 196 Livingston Avenue from Residential Townhouse (R-T) to Mixed-Use Neighborhood Edge (MU-NE), said properties being more particularly described as follows: All those parcels of land situated in the City of Albany, County of Albany and State of New York, identified on the tax map as follows: Section: 65.74 Block: 1 Lot: 8 Said premises, more commonly known as 184 Livingston Avenue, measuring approximately 0.10± acres. Section: 65.74 Block: 1 Lot: 7 Said premises, more commonly known as 186 Livingston Avenue, measuring approximately 0.10± acres. Section: 65.74 Block: 1 Lot: 5 Said premises, more commonly known as 188 Livingston Avenue, measuring approximately 0.06± acres. Section: 65.74 Block: 1 Lot: 6 Said premises, more commonly known as the Rear of 188 Livingston Avenue, measuring approximately 0.05± acres. Section: 65.74 Block: 1 Material in strikethrough to be deleted. Matter underlined is new material.  Lot: 4 Said premises, more commonly known as 190 Livingston Avenue, measuring approximately 0.10± acres. Section: 65.74 Block: 1 Lot: 3 Said premises, more commonly known as 192 Livingston Avenue, measuring approximately 0.9± acres. Section: 65.74 Block: 1 Lot: 2 Said premises, more commonly known as 194 Livingston Avenue, measuring approximately 0.11± acres. Section: 65.74 Block: 1 Lot 1 Said premises, more commonly known as 196 Livingston Avenue, measuring approximately 0.10 ± acres. Section: 65.74 Block: 1 Lot: 36 Said premises, also referred to as Livingston Avenue (Alleyway), measuring approximately 0.10± acres. Section 2. This ordinance shall take effect immediately. APPROVED AS TO FORM THIS 26TH DAY OF APRIL, 2024 _____________________________ Corporation Counsel Material in strikethrough to be deleted. Matter underlined is new material. To: Shaniqua Jackson, City Clerk From: Jake Eisland, Research Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: April 24, 2024 SPONSOR Council Member Robinson ORDINANCE 13.51.24 (Pending Amendment 6/17/2024) TITLE AN ORDINANCE AMENDING CHAPTER 375 OF THE CODE OF THE CITY OF ALBANY (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) BY CHANGING THE ZONING CLASSIFICATION OF PARCELS KNOWN AS 184 THROUGH 196 LIVINGSTON AVENUE FROM RESIDENTIAL TOWNHOUSE (R-T) TO MIXED USE- NEIGHBORHOOD EDGE (MU-NE) AND AMENDING THE ZONING MAP ACCORDINGLY GENERAL PURPOSE OF LEGISLATION The action is a proposed ordinance to amend the zoning map of the City of Albany for the properties from 184 through 196 Livingston Avenue. The properties are currently zoned R-T. This legislation would change that to MU-NE, which will allow for the construction of a new 2 story, 5,300 +/- sq ft Underground Railroad Education Center on vacant portions of the site to complement the onsite educational and historical functions of the existing National Register listed Myers residence at 194 Livingston Avenue. The changes proposed herein will also need to be referred to the County Planning Board under General Municipal Law § 239-M. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW Amendments to the Zoning Map and the USDO require Common Council action by ordinance. FISCAL IMPACTS None. Material in strikethrough to be deleted. Matter underlined is new material. Council Member Balarin, on behalf of the Committee on Planning, Economic Development, and Land Use, and Council Member Anane, introduced the following: ORDINANCE 10.42.24 AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO COMMERCIAL FOOD PREPARATION 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 Office and Services Beauty salon, spa or § 375- P[1] P[1] P[1] P[4] P[5] P P P P P P P P[6][7] P P barbershop 303(4)(d)(i) § 375- Blood plasma center[9] C C C C 303(4)(d)(ii) Commercial food P[4] P[5] P P P P P P P P P P § 375- preparation 303(4)(d)(iii) § 375- 303(4)(d)(iii) Funeral home C C P C P § 375- 303(4)(d)(iv) § 375- Laboratory or research C C C C C C C C[6] P P 303(4)(d)(iv) facility § 375- 303(4)(d)(v) § 375- P[6][7] 303(4)(d)(v) Medical clinic P P P P P P P P A § 375- 303(4)(d)(vi) § 375- 303(4)(d)(vi) Office, general C[1] C[1] C[1] C[4] P[5] P P P P P P P P[6][7] P A § 375- 303(4)(d)(vii) Material in strikethrough to be deleted. Matter underlined is new material.  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 § 375- Personal or business [1] [1] [1] [5] [6][7] 303(4)(d)(vii) C C C C P P P P P P P P P P P service § 375- 303(4)(d)(viii) § 375- P[1] P[1] P[1] C[4] P[5] P[6][7] 303(4)(d)(viii) Professional office P P P P P P P P A § 375- 303(4)(d)(ix) § 375- P[6][7] 303(4)(d)(ix) Trade school C P P P P P P P P P § 375- 303(4)(d)(x) Section 2. Paragraph (d) (Office and services) of subsection 4 (Commercial uses) of section 375-303 (Use-specific standards) of Article III (Use Regulations) of Chapter 375 (Unified Sustainable Development Ordinance) is hereby amended to read as follows: (d) Office and services. (i) Beauty salon, spa or barbershop. A. This use shall be subject to regulation pursuant to New York State General Business Law, Articles 27 and 28, and any regulations promulgated thereunder. (ii) Blood plasma center. A. A blood plasma center must 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. B. All equipment, samples and products must be stored inside the building. C. A blood plasma center must provide and follow a management plan for handling litter, indoor queuing, security and loitering. D. A blood plasma center shall include a waiting and departure lounge sufficient in size, but a minimum of 1,000 square feet, to accommodate all Material in strikethrough to be deleted. Matter underlined is new material.  scheduled donors within one hour of their appointment and one hour after, as well as any anticipated drop-in customers. Such waiting areas shall include restroom facilities and be open at least one hour prior to the opening of the center for the use of waiting patrons. E. A blood plasma center shall continuously comply with all applicable laws and regulations for safe disposal of blood products and human tissue and shall provide and follow written protocols for such compliance. Facilities shall continuously comply with all applicable licensing and certification requirements, including those of Albany County and New York State Health Departments. (iii) Commercial food preparation. A. Where this use occupies a shopfront space in the MU-NE, MU-NC, MU- DT, MU-FC, MU-FS or MU-FM districts, ti must contain a food service or retail component for on-site sales. (iii iv) Funeral Home. (Reserved) (iv v) Laboratory or research facility. A. If a laboratory or research facility use involves dangerous or hazardous materials and/or procedures subject to federal or state safety regulations, then a conditional use permit shall be required. (v vi) Medical clinic. (Reserved) (vi vii) Office, general. A. If an office use involves dangerous or hazardous materials and/or procedures subject to federal or state safety regulations, then a conditional use permit shall be required. B. If the use includes the selling or providing of transportation services, it shall include an inside waiting area large enough to accommodate all passengers expected to be awaiting transportation and shall include an off-street loading area large enough to accommodate all vehicles providing transportation. Loading of transportation vehicles larger than a passenger car or light truck on the public right-of-way shall not be permitted. (vii viii) Personal or business service. Material in strikethrough to be deleted. Matter underlined is new material.  A. Tattoo parlors are subject to regulation pursuant to New York State Public Health Law Article 4-A, Albany County Local Law 4 for 1999, or other such prevailing regulations. B. Tanning facilities are subject to regulation pursuant to New York State Public Health Law, Article 35-A or other such prevailing regulations. (viii ix) Professional office. (Reserved) (ix x) Trade school. (Reserved) Section 3. 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 to read as follows, with the new definition to be inserted into the section in its alphabetically appropriate place: COMMERCIAL FOOD PREPARATION: A facility in which food is processed or otherwise prepared, primarily for off-site consumption and/or sales. Facilities may be shared among various food processors, producers, or preparers. Uses may include, but are not limited to: commissary kitchen, ghost kitchen, cloud kitchen and catering. DISPATCH SERVICE A building or a portion of a building from which vehicles are dispatched to perform services, including, but not limited to, couriers, deliveries, security services, locksmiths, caterers, and taxis. SHOPFRONT A room or set of rooms, making up a nonresidential tenant space, and collectively facing the street on the ground floor of a commercial or mixed-use building that includes a high percentage of transparent windows to create visual interest from the adjacent public sidewalk. Section 4. This ordinance shall take effect immediately. APPROVED AS TO FORM THIS 4TH DAY OF APRIL, 2024 ________________________________ Corporation Counsel Material in strikethrough to be deleted. Matter underlined is new material. To: Shaniqua Jackson, City Clerk From: Brett Williams, Esq., Senior Assistant Corporation Counsel Re: Common Council Legislation Supporting Memorandum Date: April 4, 2024 Sponsor: Council Member, Balarin on behalf of Planning Committee, and Council Member Anane ORDINANCE 10.42.24 TITLE AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO COMMERCIAL FOOD PREPARATION GENERAL PURPOSE OF LEGISLATION The USDO contains certain ambiguities as to how commissary kitchen, ghost kitchen, cloud kitchen and catering and other businesses primarily engaged in the commercial preparation of food should be classified and regulated. NECESSITY FOR LEGISLATION AND CHANGES TO EXISITING LAW The Planning Department received an inquiry for such use and upon review determined that the use is not adequately addressed by the current provisions within the USDO. FISCAL IMPACTS None. Matter in strikethrough to be deleted. Matter underlined is new material.