Planning, Economic Development and Land Use Committee

Name: Planning, Economic Development and Land Use Committee — Albany, NY
Start: 2025-06-04
End: 2025-06-04
Location: Albany, NY

Regular Meeting

Albany, NY · June 4, 2025

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 4, 2025 | Time: 5:34 pm Committee Members Present: Balarin, Chair ☒ | Adams ☒ | Zamer ☒ | Hoey ☒ | Clarke ☒ Council Members Present: Anane and Keegan City Personnel Present: Shaniqua Jackson (City Clerk), Bryan Jimenez (Legislative Director), Alyssa Kamara (Junior Policy Analyst); Avi Epstein (Principal Planner) Minutes Agenda Item(s):  Ordinance 68.121.24 (Pending Amendment 06/16/25) AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO PERMITTING ACCESSORY DWELLING UNITS Public Comment:  Karen Cunniff, Albany, NY—Concerns regarding Ordinance 68.121.24  Karen Schupack, Albany, NY—in support of Ordinance 68.121.24  David Nelson, Albany, NY—in support of Ordinance 68.121.24  Daniel Plaat, Albany, NY—in support of Ordinance 68.121.24  Bruce Mastorovich, Albany, NY—in support of Ordinance 68.121.24 Discussion:  Council Member Keegan spoke to a public comment regarding the committee’s transparency, noting where information may be accessed about legislation. Council Member Keegan further stated that Accessory Dwelling Units (ADUs) would not dominate the housing market as construction would be constrained and that this will not fix the housing crisis alone.  Council Member Anane discussed the potential benefit of ADUs in addressing the housing crisis, noting their flexibility and accessibility. He further disputed that ADUs would eliminate single-family zoning and noted that Albany County is considering incentives for ADU construction.  Chair Balarin invited Principal Planner Epstein to discuss updated language. o The word “detached” was removed from the first paragraph of Section 2, allowing for a building classified as a townhouse with only one dwelling unit to maintain an accessory dwelling unit. o The underlining of the phrase “Accessory Dwelling Unit” was undone.  Committee Member Zamer asked how an ADU could be added to an attached singe-unit townhouse dwelling to which Principal Planner Epstein responded that it would still have to abide by ADU regulations and that most townhouse owners would likely opt for creating a second standard dwelling unit, but where a townhouse exists in a single dwelling unit zone, those owners would be able to add an ADU.  Committee Member Clarke asked if the ADU would need its own kitchen and bathroom to which Principal Planner Epstein responded affirmatively.  Committee Member Clarke asked if there is a minimum square footage to which Principal Planner Epstein responded that there is no minimum.  Committee Member Clarke expressed concerns regarding the owner-occupied requirement and an anticipated limited impact that permitting ADUs would have on the housing supply to which Principal Planner Epstein responded, noting that this is one step towards permitting missing middle housing.  Committee Member Hoey asked about the owner-occupied requirement and the feasibility of its enforcement to which Principal Planner Epstein responded that the Department of Buildings and Regulatory Compliance has been made aware of the owner-occupied requirement and that they would already be conducting inspections.  Committee Member Hoey requested that a step-by-step guide for establishing an ADU be created.  Committee Member Clarke asked about the inclusion of special-use districts to which Principal Planner Epstein noted that non-conforming properties would be captured by the change.  Committee Member Hoey asked about enforcing the tourist/transient-use clause and its enforcement, to which Principal Planner Epstein responded that the owner would have to provide an affidavit or attestation that such activity is not occurring and then that would be enforced through inspections and reviewing short term rental databases.  Committee Member Hoey asked how parking needs would be addressed in areas without on-street parking to which Principal Planner Epstein responded that the typical ADU occupant does not increase vehicle demand and need for parking spaces. o Committee Member Hoey and Principal Planner Epstein discussed additional local concerns.  Committee Member Adams noted that processes exist and will be implemented to address Committee Member Hoey’s concerns; expressed support for permitting ADUs. o Committee Member Hoey noted that the Department of Buildings and Regulatory Compliance is only able to enforce code compliance when informed of noncompliance.  Chair Balarin noted that given the high cost for constructing an ADU and the availability of properties without the additional ADU regulations, builders of ADUs are more likely building it as an investment for their family than an investment for profit.  Committee Member Zamer noted that there are grant programs that become available to residents in the City of Albany if ADUs are permitted.  Committee Member Adams moved to pass Ordinance 68.121.24 out of committee with a positive recommendation, seconded by Committee Member Zamer, and passed by the vote of the following committee members: o Affirmative: Balarin, Adams, Zamer o Negative: Hoey o Abstain: Clarke Adjourn: Committee Member Adams moved to adjourn, duly seconded by Committee Member Clarke. The Chair declared the meeting adjourned at 6:39 PM. Respectfully Submitted, Bryan Jimenez Legislative Director

Agenda

COMMON COUNCIL MEETING PLANNING, ECONOMIC DEVELOPMENT AND LAND USE Alfredo Balarin, Chair DATE: WEDNESDAY, JUNE 4, 2025 TIME: 5:30PM LOCATION: Council Chambers-2nd Floor, City Hall LIVESTREAM: YouTube— https://www.youtube.com/@albanycommoncouncil Facebook— https://www.facebook.com/albany.commoncouncil TOPICS OF DISCUSSION:  Ordinance 68.121.24 (Pending Amendment 06/16/25) AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO PERMITTING ACCESSORY DWELLING UNITS PUBLIC COMMENT PERIOD: YES Matters in strikethrough to be deleted. Matter underlined is new material Council Members Anane, Adams, Johnson, Keegan, Love, and Robinson introduced the following: ORDINANCE 68.121.24 (Pending Amendment 6.16.25) AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVLEOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO PERMITTING ACCESSORY DEWLLING UNITS 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 Regulation) 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 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 Article III (Use Regulation) 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: (a) Accessory dwelling unit. No accessory dwelling unit shall be allowed until stated otherwise. (i) This use shall be accessory to a single-unit dwelling. (ii) The property owner shall occupy either the primary or the accessory dwelling unit as their primary residence and certify such occupancy biennially with the Department of Buildings and Regulatory Compliance. Matters in strikethrough to be deleted. Matter underlined is new material (iii) On lots containing an accessory dwelling unit, neither the primary nor accessory dwelling unit may be made available for rent by guests for less than thirty consecutive days where the unit is offered for tourist or transient use. (iv) No more than two dwelling structures, including structures containing an accessory dwelling unit, may be permitted on a single lot. (v) 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. (vi) An accessory dwelling unit shall not exceed 800 square feet of gross floor area. (vii) A detached accessory dwelling unit shall not occupy more than 30 percent of the rear yard. (viii) A detached accessory dwelling unit shall not exceed the height of the principal dwelling structure or 24 feet, whichever is less. (ix) An attached accessory dwelling unit shall be subject to the same setback, height and impervious lot coverage regulations as the primary structure. (x) A detached accessory dwelling unit shall be subject to the same setback regulations as accessory structures. (xi) 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. (xii) When an accessory dwelling unit is attached to a principal dwelling structure, only one entrance structure may face the front lot line. (xiii) 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. (xiv) Mobile homes, trailers, or other wheeled and transportable structures may not be used as an accessory dwelling unit. Section 3. This ordinance shall take effect immediately. APPROVED AS TO FORM THIS xxth DAY OF NOVEMBER, 2024 Matters in strikethrough to be deleted. Matter underlined is new material ________________________________ Corporation Counsel Matters in strikethrough to be deleted. Matter underlined is new material To: Shaniqua Jackson, City Clerk From: Jake Eisland, Research Counsel Re: Common Council Legislation Supporting Memorandum Date: November 21, 2024 Sponsor: Council Member Anane ORDINANCE 68.121.24 TITLE AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO PERMITTING ACCESSORY DWELLING UNITS GENERAL PURPOSE OF LEGISLATION This ordinance seeks to increase permit Accessory Dwelling Units in Zoning Districts 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. Matter in strikethrough to be deleted. Matter underlined is new material.

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