Planning, Economic Development and Land Use Committee

Name: Planning, Economic Development and Land Use Committee — Albany, NY
Start: 2024-06-17
End: 2024-06-17
Location: Albany, NY

Regular Meeting

Albany, NY · June 17, 2024

Agenda Minutes

Minutes

ALBANY COMMON COUNCIL PLANNING, ECONOMIC DEVELOPMENT AND LAND USE COMMITTEE MINUTES Alfredo Balarin, Chair Meeting called by: Alfredo Balarin, Chair | Date: June 17, 2024 | Time: 5:32PM Committee Members Present: Balarin, Chair ☒ | Adams ☒ | Zamer ☒ | Hoey ☒ | Clarke ☒ Council Members Present: Anane, Johnson, Romero, Kimbrough, Farrell City Personnel Present: Avi Epstein (Principal Planner), Shaniqua Jackson, Ramesha Hill, Jake Eisland, Bryan Jimenez, Juliette Geraghty Minutes Agenda Item(s):  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. Discussion:  Council Member Balarin, Chair of the committee, called the meeting to order and asked the sponsor of the legislation, Council Member Anane, to speak on the bill.  Council Member Anane spoke on the origin and purpose of the legislation.  Council Member Balarin welcomed Avi Epstein up to present.  Avi Epstein spoke on the purpose of the ordinance and gave a background on smoke/vape shops in the City of Albany.  Avi Epstein spoke on suggested amendments from the Planning Department, including changing the definition of a smoke/vape shop as well as removing smoke/vape shops as a permitted use in the Mixed- Use Campus/Institutional (MU-CI) and Light Industrial (I-1) zoning districts.  Avi Epstein showed maps of the zoning districts that would allow smoke/vape shops.  Avi Epstein showed maps of the proposed buffers between smoke shops and other smoke shops, any business with a tobacco license, and schools/places of worship.  Avi Epstein showed a map of the remaining areas that would permit smoke shops in the City of Albany with all the buffers added.  Avi Epstein spoke on the findings and recommendations from the Planning Department.  Council Member Balarin thanked Avi Epstein for presenting.  Council Member Hoey asked for clarification on the suggestion to remove smoke and vape shops from being permitted in the MU-CI and I-1 zoning districts, to which Avi Epstein responded.  Council Member Hoey asked if gas stations would be included in the proposal of restricting smoke and vape shops from opening within 1,000 feet of other businesses that have tobacco/vapor licenses, to which Avi Epstein responded.  Council Member Hoey asked if smoke/vape shops that are caught illegally selling cannabis would lose their ability to operate their business in the City of Albany, to which Avi Epstein responded that this issue would be associated with New York State’s cannabis laws.  Council Member Zamer asked about the origin of this legislation, to which Avi Epstein responded and spoke on the high influx of applications to open smoke shops over the past few years that led to concerns from the public and the Planning Department’s goal to regulate this type of use.  Council Member Zamer asked if there is a cap on the number of tobacco/vapor licenses New York State can give to municipalities, to which Avi Epstein said he is unaware of any restriction.  Council Member Johnson asked if the four applications currently delayed would be grandfathered in, to which Avi Epstein responded that they would not.  Council Member Balarin asked for clarification if the proposed buffer between smoke/vape shops and other businesses that sell tobacco products would only impact new smoke/vape shops that are looking to open, which Avi Epstein confirmed.  Council Member Balarin asked if the buffers between smoke/vape shops and schools or places of worship is less restrictive that between smoke/vape shops and other businesses that sell tobacco products, to which Avi Epstein responded.  Council Member Balarin asked if there would be any legal implications if the Council creates a buffer between smoke/vape shops and other businesses that sell tobacco products. o Research Counsel Jake Eisland responded that he does not believe so but would have to look into it further.  Council Member Balarin asked how many smoke/vape shops there are currently in the City of Albany, to which Avi Epstein responded approximately 25.  Council Member Balarin asked for confirmation that there are approximately 195 tobacco license holders in the City of Albany, which Avi Epstein confirmed and elaborated that the 195 tobacco license holders is inclusive of the 25 smoke/vape shops.  Council Member Balarin spoke on his position in favor of expanding the scope of the ordinance beyond just requiring a 1,000-foot buffer between smoke/vape shops. Council Member Balarin asked for feedback from the sponsor and committee members.  Council Member Anane confirmed that he is in favor of expanding the scope of the legislation.  Council Member Hoey spoke in support of restricting smoke and vape shops from opening within 1,000 feet of other businesses that have tobacco/vapor licenses.  Council Member Adams spoke against expanding the scope of the legislation due to concerns that it would harm small businesses.  Council Member Zamer asked for clarification if the proposed buffer between smoke/vape shops and other businesses that sell tobacco products would only impact the smoke/vape shops that are looking to open within the 1,000-foot buffer. o Council Member Balarin confirmed and clarified he is proposing that if a new smoke/vape shop were looking to open, it would have to be 1,000 feet from another smoke/vape shop or any other licensed tobacco seller.  Council Member Balarin suggested a compromise of including a requirement that smoke/vape shops must be 500 feet from any school and 250 feet from any religious institution rather than the 1,000-foot buffer between any licensed tobacco sellers.  Council Member Zamer asked if convenience stores would be subject to the restrictions between smoke/vape shops and any licensed tobacco seller, to which Council Member Anane responded that they would not but that there is a separate law in place that requires a 1,000-foot buffer between convenience stores.  Council Member Zamer spoke on her concern if the amendments to the legislation would negatively impact small businesses.  Council Member Balarin asked how many new smoke shops have opened up in the past two years, to which Avi Epstein responded that 20 or 21 have opened in the City of Albany in recent years.  Council Member Clarke agreed with Council Member Adams’s concerns regarding the impact on small businesses.  Council Member Clarke spoke in support of requiring smoke/vape shops to be 500 feet from any school.  Council Member Romero asked for clarification on the proposed revised definition of a “smoke or vape shop”, to which Avi Epstein responded that the new definition is based on comments from the last committee meeting as well as a suggestion from the Planning Board.  Council Member Romero spoke in support of the revised definition and asked committee members for their thoughts.  Council Member Clarke spoke in support of the revised definition.  Council Member Johnson spoke on his concerns with proposed amendments to the legislation regarding the impact on small businesses.  Council Member Adams clarified his concerns that including a 1,000-foot buffer between smoke/vape shops and any licensed tobacco seller would be singling-out these businesses and lead to too few areas where new smoke/vape shops could open.  Council Member Hoey spoke on his support with further regulations on smoke/vape shops.  Council Member Anane spoke on the intent of the legislation and community concerns with the high influx of smoke and vape shops.  Council Member Anane spoke on his support for including a requirement that smoke/vape shops must be 500 feet from any school and 250 feet from any religious institution.  Council Member Balarin asked for confirmation that Council Member Anane, as the sponsor of the legislation, would support the 1,000-foot buffer exclusively between smoke/vape shops and other smoke/vape shops (not from all licensed tobacco sellers), as well as an additional requirement that smoke/vape shops must be 500 feet from any school and 250 feet from any religious institution. o Council Member Anane responded affirmatively.  Council Member Johnson asked for clarification on the original proposal, to which Avi Epstein responded. o Council Member Balarin further clarified that the original legislation introduced a 1,000-foot buffer between smoke/vape shops and that the committee is currently considering whether to amend the legislation include additional buffers from schools and religious institutions (which would be consistent with the regulations on cannabis establishments).  Council Member Adams spoke on his position on the proposed amendments and further spoke on the availability of tobacco products at convenience stores.  Council Member Hoey moved to pass Ordinance 3.21.24 out of committee with a positive recommendation, pending the discussed amendments (not including a buffer between smoke/vape shops and any licensed tobacco seller), seconded by Council Member Adams and passed unanimously by voice vote. Adjourn: Council Member Hoey moved to adjourn. The Chair declared the meeting adjourned at 6:32PM. Respectfully Submitted, Juliette Geraghty Junior Legislative Aide

Agenda

COMMON COUNCIL MEETING PLANNING, ECONOMIC DEVELOPMENT AND LAND USE Alfredo Balarin, Chair DATE: MONDAY, JUNE 17th, 2024 TIME: 5:30-6:30 PM LOCATION: Council Chambers-2nd Floor, City Hall TOPICS OF DISCUSSION:  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 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, 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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