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Planning board backs limited expansions for existing fueling stations only in auto-oriented district
Summary
The board recommended that the Common Council allow legally nonconforming vehicle fueling stations in the Mixed Use Community Highway district to expand if the entire site is brought into compliance with the Unified Sustainable Development Ordinance.
On Aug. 5 the Albany Planning Board voted to recommend that the Common Council approve zoning text amendment 0024, a narrowly scoped change to the Unified Sustainable Development Ordinance (USDO) that would allow legally nonconforming vehicle-fueling stations to expand only within the Mixed Use Community Highway (MUCH) zoning district.
Under the 2021 USDO update, vehicle fueling stations were removed as a permitted or conditional use across all city zoning districts; existing stations became legally nonconforming and, under current code language, may not expand or alter. Staff told the board the proposed amendment would create a narrow exception allowing only legally nonconforming fueling stations within the MUCH district to enlarge on their existing lot or to expand onto an adjacent lot — provided the entire site is brought into full compliance with current USDO dimensional and development standards.
Staff presented citywide data: there are 25 fueling stations within Albany city limits and four within the MUCH district. The four identified in the MUCH district include two on Southern Boulevard, one off Route 5/Central Avenue and one on Northern Boulevard; brands referenced in the presentation included Stewart’s, Speedway, Sunoco and the former Hess site. Staff said the MUCH district is auto-oriented, located along major arterials, and that the amendment is intended to allow targeted improvements to aging sites (better circulation, safer layouts and environmental upgrades) without reauthorizing fueling stations across the city.
The board’s favorable recommendation moves the amendment to the Common Council for final action; staff noted the determination or formal action on the amendment will be completed by the Common Council, not by the Planning Board. No public comment was recorded at the Planning Board meeting. The board voted in favor by voice vote after a motion and second; no recorded roll-call votes or amendments were made during the meeting.
The amendment as presented would not allow new fueling stations where they are currently prohibited; it would allow limited expansions of existing legally nonconforming stations only in a single zoning district and only if the entire site is upgraded to meet current development standards.
