Planning, Economic Development and Land Use Committee

COMMON COUNCIL MEETING PLANNING, ECONOMIC DEVELOPMENT AND LAND USE Alfredo Balarin, Chair DATE: TUESDAY, NOVEMBER 19, 2024 TIME: 5:30PM LOCATION: Council Chambers-2nd Floor, City Hall TOPICS OF DISCUSSION:  Ordinance 66.111.24 AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY BY CHANGING THE ZONING CLASSIFICATION OF PARCEL KNOWN AS 31 TRINITY PLACE FROM RESIDENTIAL TOWNHOUSE (R-T) TO MIXED-USE NEIGHBORHOOD EDGE (MU-NE) AND AMENDING THE ZONING MAP ACCORDINGLY  Ordinance 17.53.24 (Pending Amendment) AN ORDINANCE AMENDING PART 3 (CABARETS) OF CHAPTER 111 (AMUSEMENTS), PART 35 (BOARD OF ZONING APPEALS) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS), AND CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO REVISING REQUIREMENTS FOR CABARET AND ACCESSORY ENTERTAINMENT  Ordinance 27.91.24 (Pending Amendment) AN ORDINANCE AMENDING CHAPTER 375 (CITY OF ALBANY UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO INCENTIVING THE CONSTRUCTION OF AFFORDABLE AND INCLUSIONARY HOUSING PUBLIC COMMENT PERIOD: YES Council Member Johnson introduced the following: ORDINANCE 66.111.24 AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY BY CHANGING THE ZONING CLASSIFICATION OF PARCEL KNOWN AS 31 TRINITY PLACE 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 (Unified Sustainable Development Ordinance) of Part II (General Legislation) of the Code of the City of Albany is hereby amended to change the zoning classification of property known as No. 31 Trinity Place from Residential Townhouse (R-T) to Mixed-Use Neighborhood Edge (MU-NE), 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, identified on the tax map as follows: Section: 76.49 Block: 3 Lot: 44 Said premises, more commonly known as 31 Trinity Place, measuring approximately .18± acres. Section 2. This ordinance shall take effect immediately. APPROVED AS TO FORM THIS 24TH DAY OF OCTOBER ________________________________ Corporation Counsel To: Shaniqua Jackson, City Clerk From: Brett Williams, Esq., Sr. Asst. Corporation Counsel Re: Common Council Legislation Supporting Memorandum Date: October 24, 2024 Sponsor: Council Member Johnson ORDINANCE 66.111.24 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 31 TRINITY PLACE FROM RESIDENTIAL TOWNHOUSE (R-T) TO MIXED-USE NEIGHBORHOOD EDGE (MU-NE) AND AMENDING THE ZONING MAP ACCORDINGLY GENERAL PURPOSE OF LEGISLATION This ordinance amends the zoning map of the City of Albany for the property located at 31 Trinity Place. The property is currently zoned R-T and this ordinance would change that classification to MU-NE. The purpose is to align the zoning of this parcel with that of the adjacent parcel which is also owned by Trinity Alliance. 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 CHANGES TO EXISITING LAW The site, formerly home to Trinity Church, is now an empty lot owned by Trinity Alliance. The zoning map amendment is necessary to allow for the future expansion and addition to the Trinity Alliance facility on the adjacent parcels. FISCAL IMPACTS None Council Members Flynn and Adams introduced the following: ORDINANCE 17.53.24 (Pending Amendment) AN ORDINANCE AMENDING PART 3 (CABARETS) OF CHAPTER 111 (AMUSEMENTS), PART 35 (BOARD OF ZONING APPEALS) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS), AND CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO REVISING REQUIREMENTS FOR CABARET AND ACCESSORY ENTERTAINMENT The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Paragraph C of Section 360 of Article XLVI (General Provisions) of Part 35 (Board of Zoning Appeals) of Chapter 42 (Departments and Commissions) of Part I (Administrative Legislation) is hereby amended as follows: § 42-360. Powers and duties. A. The Board of Zoning Appeals shall have the power and duty to hear and decide appeals from any orders, requirements, decisions or determinations made by a City administrative official interpreting or implementing the provisions of Chapter 375, or as otherwise provided by law. B. The Board may interpret the provisions of Chapter 375, grant or deny variances as therein provided. C. The Board shall hear and decide appeals from the decision or determination of the City Clerk relative to the issuance of a cabaret license pursuant to Part 3 of Chapter 111 of the Code of the City of Albany and as called upon by any other chapters in the Albany City Code. Section 2. Part 3 (Cabarets) of Chapter 111 (Amusements) of Part II (General Legislation) is hereby repealed in its entirety and replaced as follows: Part 3 (Accessory Entertainment) Article VIII (Accessory Entertainment) § 111-64. Standard for Sound. The operation of Accessory Entertainment shall be unlawful when the level of sound is deemed unreasonably loud by a reasonable person of normal sensitivity. In determining a reasonable person of normal sensitivity, the following factors shall be considered: A. Level or intensity of the noise. Whether the noise produced is at a level or volume that exceeds the level or intensity normally expected for the operation of the Accessory Entertainment.  B. Duration of the noise. Whether the noise is constantly at an unreasonable volume or whether the noise occasionally reaches an unreasonable volume, including but not limited to such factors as permanence, continuance, intermittence, and temporariness. C. The ambient noise. Whether the operation of Accessory Entertainment significantly impacts the ambient noise level or whether the accessory entertainment is not substantially louder than the ambient noise at that location. D. Time of day. Whether the noise occurs at a time that loud noises are considered common or expected. E. Mitigation strategies employed to lessen noise. Whether the operators of the Accessory Entertainment employ reasonable mitigation strategies to lessen the impacts of excess noise. § 111-65. Enforcement. A. Enforcement of the rules related to Accessory Entertainment will be primarily handled by the Albany Police Department, in coordination with the Department of Buildings and Regulatory Compliance. B. The Department of Neighborhood and Community Services shall provide a manner by which the public may submit complaints on the operation of Accessory Entertainment. C. The recipient of a Stop Work Order related to the operation of Accessory Entertainment shall have the right to a hearing before the Board of Zoning Appeals regarding such order. The Board of Zoning Appeals shall be empowered to reduce a Stop Work Order related to the operation of Accessory Entertainment to a warning retroactively. Stop Work Orders reduced at a hearing shall not be considered an accrued Stop Work Order for the purposes outlined in § 375-303(6)(c). D. The Department of Buildings and Regulatory Compliance shall provide notice to any owner or operator that such parties are prohibited from operating Accessory Entertainment, post said notice online, and transmit said notice to the City Clerk. § 111-66 through § 111-83. (Reserved) Section 3. Subparagraph c (Cabaret) of Paragraph 6 (Accessory uses) of Section 303 (Use- specific standards) of Article III (Use Regulations) of Chapter 375 (Unified Sustainable Development Ordinance) of Part II (General Legislation) is hereby amended as follows: (c) Cabaret. Accessory Entertainment. (i) Dancing and/or the use of a disc jockey (DJ), karaoke machine, or live music entertainment that is amplified and/or performed by three or more people is permitted only where an establishment has sought and obtained a cabaret license from the City Clerk as set forth in Chapter 111 of the City Code. (i) General Requirements  (A) No owner or operator who has accumulated four or more Stop Work Orders at a particular premise within the preceding two years shall be allowed to operate accessory entertainment at that particular premise. (B) Operation of Accessory Entertainment shall be unlawful when its operation violates the standards of § 111-65. (ii) Outdoor Accessory Entertainment Limitations (A) Operation of Accessory Entertainment outside of a building shall be unlawful: a. In the R-1L, R-1M, R-2, R-T, R-M, R-V, and MU-NE zoning districts, from 12:00 AM to 8:00 AM. b. In the MU-NC, MU-CU, MU-FC, MU-FS, and MU-FM zoning districts, from 2:00 AM to 8:00 AM. c. In the MU-CH, MU-CI, MU-DT and I-1 zoning districts, from 4:00 AM to 8:00 AM. Section 4. Paragraph (f) of 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 added as follows: (f) Businesses operating Accessory Entertainment qualified under § 375-303 and other sections of the USDO are exempt from the restrictions of subsection (c) of this section. Such business must comply with the hours of operation requirements as outlined in the USDO at § 375-303(6). Section 5. Paragraph “Cabaret” of Section 602 (Definitions) of Article III (Use Regulations) of Chapter 375 (Unified Sustainable Development Ordinance) of Part II (General Legislation) is hereby amended as follows: CABARET ACCESSORY ENTERTAINMENT Any room, place or space in the City in which any musical entertainment, singing, dancing or other form of entertainment is permitted in connection with a catering establishment, tavern or restaurant business or an establishment directly or indirectly selling to the public food or drink, except eating or drinking places that provide incidental musical entertainment performed by fewer than three people with no amplification, or through a central audio system, including the use of a jukebox. Cabaret shall also include: Any room, place or space in the City in which any entertainment is provided by an establishment where such entertainment is not the primary purpose of the establishment. Accessory Entertainment shall also include: (1) A membership corporation, club, association or society that permits musical entertainment, singing, dancing or other form of entertainment in premises wherein food or drink is directly or indirectly sold to its members, or their guests, or to the public; (2) A premises owned or occupied by a religious or educational institution that permits  musical entertainment, singing, dancing or other forms of entertainment in said premises that do not coincide with a religious or educational service or do not arise directly from the eleemosynary charitable purposes of such institution; or (3) A ship, boat or barge moored or tied to a dock, pier or shore and that contains a cabaret Accessory Entertainment in use while so moored or tied. Section 6. Paragraph “Cabaret” of Section 302 (Permitted Use Table) of Article III (Use Regulations) of Chapter 375 (Unified Sustainable Development Ordinance) of Part II (General Legislation) is hereby amended as follows: Table 375.302.1 Permitted Use Table P=Permitted Use | C=Conditional Use | A=Accessory Use | T=Temporary Use Use-Specific Special Residential Mixed-Use Standard in Article Purpose III Zoning District MU-CI R-1L R-1M MU-NE MU-NC MU-CU MU-CH MU-DT MU-FC MU-FS MU-FM R-2 R-V I-2 R-T I-1 LC MU-FW R-M LAND USE CATEGORY ACCESSORY USES Accessory dwelling § 375-303(6)(a) unit Alternative energy A A A A A A A A A A A A A A A A A A A § 375-303(6)(b) generation equipment Cabaret Accessory A A A A A A A A A A A A A A A A A A A § 375-303(6)(c) Entertainment Composting of A A A A A A A A A A A A A A A A A A § 375-303(6)(d) household waste Customary accessory A A A A A A A A A A A A A A A A A A A § 375-303(6)(e) uses and related structures Day-care home A A A A A A A A A A A A A A A A A A A § 375-303(6)(f) Delivery service A A A A A A A A A A A A § 375-303(6)(g) Drive-in or drive- C A A A A § 375-303(6)(h) through facility Electric vehicle A A A A A A A A A A A A A A A A A A A § 375-303(6)(i) charging station Home occupation A A A A A A A A A A A A A A A A A A § 375-303(6)(j) Section 7. Subsection iii of Subparagraph m (Sidewalk or outdoor cafe) of Paragraph 6 (Accessory Uses) of Section 303 (Use-specific standards) of Article III (Use Regulations) of Chapter 375 (Unified Sustainable Development Ordinance) of Part II (General Legislation) is hereby amended as follows: (iii) Sidewalk or outdoor cafes shall not use music or noise amplification devices, and no music or entertainment of any type is permitted outdoors at volumes above an ambient level. APPROVED AS TO FORM DATE ________________________________ Corporation Counsel To: Shaniqua Jackson, City Clerk From: Bryan Jimenez, Senior Legislative Aide Jake Eisland, Esq., Research Counsel Re: Common Council Legislation Supporting Memorandum Date: May 9, 2024 Sponsor: Council Members Flynn and Adams ORDINANCE 17.53.24 TITLE AN ORDINANCE AMENDING PART 3 (CABARETS) OF CHAPTER 111 (AMUSEMENTS), PART 35 (BOARD OF ZONING APPEALS) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS), AND CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO REVISING REQUIREMENTS FOR CABARET AND ACCESSORY ENTERTAINMENT GENERAL PURPOSE OF LEGISLATION To repeal the restrictive application process for cabaret performances. NECESSITY FOR LEGISLATION AND CHANGES TO EXISTING LAW Allows businesses to create additional recreational activities. FISCAL IMPACT(S) Cabaret licenses have certain fees associated with their issuance. The City would likely no longer collect such fees if cabaret licenses are no longer issued, but the full fiscal impact of this legislation has yet to be determined.  Council Members Anane, Adams, Johnson, Keegan, Love, Robinson and Romero introduced the following: ORDINANCE 27.91.24 (Pending Amendment xx/xx/2024) AN ORDINANCE AMENDING CHAPTER 375 (CITY OF ALBANY UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO INCENTIVIZING THE CONSTRUCTION OF AFFORDABLE AND INCLUSIONARY HOUSING The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Section 375-302 (Permitted Use Table) of Chapter 375 of the Code of the City of Albany is amended to read as follows: Table 375.302.1 Permitted Use Table P=Permitted Use | C=Conditional Use | A=Accessory Use | T=Temporary Use Use-Specific Special Residential Mixed-Use Standard in Article Purpose III Zoning District R-1L R-1M MU-NE MU-NC MU-CU MU-CH MU-DT MU-CI MU-FW MU-FC MU-FS MU-FM R-2 R-V I-2 R-T I-1 LC R-M LAND USE CATEGORY ACCESSORY USES Accessory A A A A A A A A A A A A A A A A § 375-303(6)(a) dwelling unit Section 2. Paragraph (a) (Accessory Dwelling Unit) of Subsection (6) (Accessory Uses) of Section 375-303 (Use-specific standards) of Chapter 375 of the Code of the City of Albany is amended as follows: (a) Accessory dwelling unit. No accessory dwelling unit shall be allowed until stated otherwise. (i) This use shall be accessory to a single-unit detached dwelling or shall be a caretaker unit for a nonresidential use. (ii) The property owner shall occupy either the primary or the accessory dwelling unit as their primary residence. (iii) No more than two dwelling structures, including structure containing an accessory dwelling unit, may be permitted on a single lot.  (iv) For the purpose of providing adequate fire protection access, the distance from the nearest street frontage to the center of the rear wall of the accessory dwelling unit shall not exceed 150 feet of travel distance. (v) An accessory dwelling unit shall not exceed 800 square feet of gross floor area. (vi) A detached accessory dwelling unit shall not occupy more than 30 percent of the rear yard. (vii) A detached accessory dwelling unit shall not exceed the height of the principal dwelling structure or 24 feet, whichever is less. (viii) An attached accessory dwelling unit shall be subject to the same setback, height and impervious lot coverage regulations as the primary structure. (ix) A detached accessory dwelling unit shall be subject to the same setback regulations as accessory structures. (x) An accessory dwelling unit, whether detached or attached to a primary dwelling structure, may be directly accessed from an alley, but shall not be accessed via a driveway separate from that serving the primary dwelling structure. (xi) When an accessory dwelling unit is attached to a principal dwelling structure, only one entrance structure may face the front lot line. (xii) An existing accessory structure whose height, setbacks, or impervious lot coverage do not meet the requirements of a dwelling in its zoning district, may be converted into an accessory dwelling unit, but the structure may not be altered in any way that increases the noncompliance. (xiii) Mobile homes, trailers, or other wheeled and transportable structures may not be used as an accessory dwelling unit. Section 3. Subsection 5 (Incentives and affordable housing requirements) of Section 375- 401 (Dimensional standards) 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 amended to read as follows: (5) Incentives and affordable housing requirements. The following incentives apply to new development and redevelopment in the R-M residential, mixed-use, and special purpose zoning districts. Inclusion of the following types of building or site features will enable the applicant to vary the dimensional standards otherwise applicable to the project as described in this § 375-401(5). Only one of these incentives may be used on a single lot or parcel. (a) Energy efficient development. New development of a principal building that is registered, designed, and documented for a LEED Platinum or LEED Gold certification, or equivalent as determined by the Chief Planning Official, shall receive the following benefits.  (i) The project may increase the maximum impervious lot coverage by 20%; and (ii) The project may increase the maximum height of any principal building (or part of a principal building) located more than 100 feet from a residential zoning district other than the R-M District by one story. (b) Affordable housing incentive. New residential or mixed-use development of a site in which at least 20% of all new dwelling units are rent or deed restricted so that they are affordable to households earning no more than 80% of the area median household income for the City of Albany shall receive the following benefits: (i) The minimum number of off-street parking required by § 375-405 shall be reduced by 20% 100%; and (ii) The project may increase the maximum height of any principal building (or part of a principal building) located more than 100 feet from a residential zoning district other than the R-M District by one story. (iii) In any permitted three-or-more unit dwelling, a development shall be allowed to exceed the maximum number of dwelling units otherwise permitted by the Unified Sustainable Development Ordinance, but in no event by more than 20%. Section 4. Subsection (3) of Section 375-505 (Specific Procedures) of Chapter 375 of the Code of the City of Albany is amended to read as follows: (3) Development plan review. (a) Applicability. The development plan review procedures and standards in this § 375- 505(3) shall apply to any development plan associated with the following: (i) Major development plan review. The following development activities shall constitute a major development: A. Civic and institutional, commercial, and industrial dDevelopment involving construction of a new building, or buildings, with 10,000 square feet or more of cumulative gross floor area on any single or contiguous lots. B. Residential development involving construction of a new building which contains more than four dwelling units within a single lot or parcel. C. Residential development containing more than four units in non-single-unit structures on contiguous or adjacent lots that have previously been subdivided. B. An addition to, or expansion of, an existing multi-unit, group living, nonresidential, mixed-use or special purpose use that will increase the ground floor area by more than 10,000 square feet of gross floor area. C. Conversion of an existing residential structure to a nonresidential or institutional use (excepting the establishment of a home occupation).  D. Conversion of an existing nonresidential structure to a residential use containing 50 or more dwelling units in the MU-DT Zoning District, or 20 or more dwelling units in any other zoning district. E. New surface parking lots with 10 or more parking spaces, or expansion of any existing parking area by 10 or more parking spaces. F. A change of use in the MU-CU or MU-CH District on a lot containing 20,000 square feet or more of lot area. G. A change of use in the MU-NE or MU-NC District on a lot of 10,000 square feet or more of lot area. H. Any land use, structure, or activity in the Normans Kill Overlay (NK-O) Zoning District that is anticipated or could result in the disturbance of more than 10,000 square feet of surface land area or excavation of more than 100 cubic yards of dirt or fill. I. Any contiguous area of land in excess of one acre where more than 50% of the existing trees or vegetation are proposed for clear-cutting or removal over a period of five or fewer years. J. A subdivision of land that will create five or more new lots, or for which and for which new public infrastructure is required to be constructed (in addition to utility connections from new lots to existing utility lines). K. Construction of a new principal structure on lands previously platted as part of a cluster subdivision, or the resubdivision of lands platted as part of a cluster subdivision in order to facilitate the construction of a new principal structure. (ii) Minor development plan review. The following development activities shall constitute a minor development: A. Civic and institutional, commercial, and industrial dDevelopment involving construction of a new building with less than 10,000 square feet of cumulative gross floor area. B. Residential or mixed-use development involving construction of a new building that contains four or fewer dwelling units within a single lot or parcel qualifying under the affordable housing incentives of section 375-401(5)(b). C. An addition to, or expansion of, an existing multi-unit, group living, nonresidential, mixed-use or special purpose use that will increase the ground floor area by between 1,000 and 10,000 square feet of gross floor area. D. Conversion of an existing nonresidential structure to a residential use containing between 20 and 49 dwelling units in the MU-DT Zoning District, or between five and 19 dwelling units in any other zoning  district qualifying under the affordable housing incentives of section 375-401(5)(b). E. New surface parking lots having fewer than 10 parking spaces or expansion of any existing parking area that would add between five and nine parking spaces. F. A change of use in the MU-CU or MU-CH District on a lot containing between 10,000 and 20,000 square feet of lot area. G. A change of use in the MU-NE or MU-NC District on a lot containing between 5,000 and 10,000 square feet of lot area. H. Any expansion or substantial renovation of a use in the vehicles and equipment use category not subject to a major development plan review. I. Demolition of principal structures located within the I-2 Zoning District and containing less than 20,000 square feet of gross floor area. Section 5. This ordinance shall take effect immediately. APPROVED AS TO FORM THIS xxth DAY OF NOVEMBER, 2024 ________________________________ Corporation Counsel To: Shaniqua Jackson, City Clerk From: Bryan Jimenez, Senior Legislative Aide Re: Common Council Legislation Supporting Memorandum Date: August 22, 2024 Sponsor: Council Member Anane ORDINANCE 27.91.24 TITLE AN ORDINANCE AMENDING CHAPTER 375 (CITY OF ALBANY UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO INCENTIVIZING THE CONSTRUCTION OF AFFORDABLE AND INCLUSIONARY HOUSING GENERAL PURPOSE OF LEGISLATION This ordinance seeks to increase the number of potential beneficiaries of the USDO's affordable housing incentive by removing certain restrictions to its use and reducing the number of required off-street parking. This would allow smaller-scale developers to provide smaller scale affordable housing in a greater number of areas in the city, promoting inclusive housing. NECESSITY FOR LEGISLATION AND CHANGE TO EXISITING LAW In order to effect a change to the USDO, an ordinance would be required alongside all requisite reviews and public hearings. FISCAL IMPACT None.