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  • City of Charlottesville
  • Planning Commission Meeting 11/8/2022
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Planning Commission Meeting   11/8/2022

Attachments
  • Planning Commission Regular Meeting Agenda
  • Planning Commission Regular Meeting Agenda Packet
  • Planning Commission Regular Meeting Minutes
  • Planning Commission Regular Meeting Agenda Packet 2
    • Lyle Solla-Yates
    • 00:00:01
      Thank you very much.
    • 00:00:01
      Hello.
    • 00:00:02
      I'd like to start the Planning Commission meeting for November 8, 2022.
    • 00:00:05
      I'd like to hear Commissioner reports, starting with Mr. Mitchell, please.
    • Hosea Mitchell
    • 00:00:10
      Right.
    • 00:00:10
      We had a couple, three meetings since we last met.
    • 00:00:15
      On the 19th, the BZA met in one year and the year was related to a variance to reduce the setback from 17 feet to 10 feet to accommodate a new
    • 00:00:34
      Parks and Rec the next day.
    • 00:00:37
      Topics were the tree canopy on the downtown mall and the CIP pledging request.
    • 00:00:44
      There are over 100 trees on the downtown mall, and many if not most of those trees are pointed to 50 years old, and many of these trees that are that old
    • 00:01:03
      between February and March.
    • 00:01:05
      We are also putting out an RFP to help us develop a downtown tree canopy study.
    • 00:01:15
      And the objective of that is to help us systematically rotate trees in and out in a way that will allow us to do that, but not significantly reducing.
    • 00:01:24
      If you take big trees out and you put little trees in, naturally the canopy is
    • 00:01:41
      for four new items.
    • 00:01:44
      One is for $100,000 to proactively manage the life cycle of trees on them all.
    • 00:01:52
      The other is for $75,000 to help us control invasive plants.
    • 00:01:59
      Note, we do not use Roundup, so controlling those plants is a little more difficult than you might think if you were going to use Roundup to do that.
    • 00:02:12
      with sprayed ground resurfacing.
    • 00:02:16
      And we're asking for $175,000 to fix up the facilities at Meadow Creek.
    • 00:02:23
      Note.
    • 00:02:25
      We recently had he consulted in to help us think how we can make Meadow Creek even better than it is.
    • 00:02:30
      And this is a golf pro that played golf on just about every major course in the world.
    • 00:02:39
      And he noted that
    • 00:02:46
      Kudos to Parks and Rec.
    • 00:02:49
      The LUPEC group met.
    • 00:02:53
      And there were three presentations, one by Albemarle, one by us, and one by the Water and Sewage Authority.
    • 00:03:00
      And it was all focused on environmental vulnerability, risk assessment, and sustainability.
    • 00:03:10
      sent you copies of this a little earlier today.
    • 00:03:12
      If I didn't, I will very soon.
    • 00:03:15
      But the one thing that I did, so I won't go into a lot of detail.
    • 00:03:18
      We're going to talk a little bit more about this later on tonight.
    • 00:03:22
      The one thing I'll note is that I believe, I believe that the county does not allow development in floodplains.
    • 00:03:31
      The person who was doing the presentation, at the end of the presentation, stopped and thought aloud.
    • 00:03:36
      You know, the floodplains in Elmar are increasing.
    • 00:03:40
      They're rising.
    • 00:03:42
      They're consuming more area.
    • 00:03:44
      And that's because of all the rain that we're getting and expect to get.
    • 00:03:48
      And he thought aloud, maybe we should begin thinking about not allowing development in future floodplains as well.
    • 00:03:55
      So it's something we ought to maybe think about as we begin thinking about what our floodplain strategy ought to be.
    • Lyle Solla-Yates
    • 00:04:06
      Thank you.
    • 00:04:07
      Mr. D'Oronzio.
    • 00:04:08
      No meetings, sir.
    • 00:04:11
      Mr. Abbott, please.
    • SPEAKER_02
    • 00:04:14
      No meetings either.
    • 00:04:15
      The three commission is meeting right now.
    • 00:04:17
      They were supposed to meet last week and they had to reschedule their meeting.
    • Lyle Solla-Yates
    • 00:04:20
      Did they clarify if this was a personal issue or?
    • SPEAKER_02
    • 00:04:24
      I hope not.
    • 00:04:25
      I have some notes from them on the climate action plan.
    • 00:04:28
      I think they're also having a presentation on that today that I can share at that time.
    • 00:04:32
      Thank you.
    • SPEAKER_27
    • 00:04:40
      from the TJPDC.
    • 00:04:44
      These meetings happen on the first Thursday of every month at 7.
    • 00:04:47
      And so a couple of updates.
    • 00:04:50
      In housing, the Regional Housing Partnership is working on a strategic plan
    • 00:04:59
      The December 28th, which is our quarterly meeting, will include Delicate Sally Hudson in an effort to engage elected officials on local, regional, and state housing initiatives.
    • 00:05:10
      There is a planned summit in the spring, March 24th.
    • 00:05:14
      It will be at the Omni, and the TJP is planning for that.
    • 00:05:19
      Also, in transportation,
    • 00:05:21
      VDOT Highway Safety Improvement Program will conduct some crash analysis studies beginning in 2023 throughout the region and also TJPDC staff has procured a consultant to support the long-range transportation plan which is now being called Moving Forward 2050 and staff is working on background information and developing public engagement materials
    • Carl Schwarz
    • 00:05:52
      So the BAR met last month and the larger projects on our agenda.
    • 00:05:59
      We did approve, or no, well, the apartment building on Whartland Street around the Wharton Baker House infill project is about four stories.
    • 00:06:09
      we did not give it final approval but we very much it looks like it's going to be approved the next time it comes before us so it just needs some final details we also discussed 218 West Market which is the I did this last time the little shopping center at the end of the mall that's going to be demolished that
    • 00:06:35
      Yes, thank you, Artful Lodger.
    • 00:06:39
      They want to reduce the step backs, the depth of the step backs, and to make the building more functional as an apartment building, otherwise the footprint doesn't work out for typical apartment layouts.
    • 00:06:53
      And the BAR was in favor of that.
    • 00:06:56
      We just that wasn't a motion.
    • 00:06:58
      It was just a recommendation so that they can then proceed to bring it to the Planning Commission.
    • 00:07:02
      So at some point in the future, we'll see that unless something goes wrong with their development plans.
    • 00:07:08
      One thing I brought up, I believe the code building had an issue with its street wall height and a very strict interpretation of that height.
    • 00:07:16
      So I suggest that they they want to look into that to make sure they're not going to have the same problem.
    • 00:07:22
      I believe that had to go to the BZA at the time.
    • 00:07:26
      For the Bike Pit Advisory Committee, we did finally approve a memo to get our crosswalk signals to ask for them to meet recommended standards.
    • 00:07:35
      They currently are quite a few of them are very insufficient in their length of time.
    • 00:07:40
      And we had requests for leading pedestrian intervals and no turn on red signs, things like that.
    • 00:07:49
      I threw in the caveat.
    • 00:07:50
      This is not part of the memo, but it was something to pay attention to is that
    • 00:07:55
      We sometimes the city when they get a standard they will stick to it very strongly and we need to make sure that we're not going to lose functionality trying to make things perfect for example Streets That Work was meant to be about
    • 00:08:11
      compromised on our small streets, and every time it's been implemented, it's been more a way to say, no, you can't fit all those elements onto the street.
    • 00:08:18
      So just making sure that we don't lose some of the, currently we have some automatic walk signals that you don't have to push the button for, and they're convenient for if you don't make it in time to the intersection, and we have the potential to lose those if we meet the standards that we need to meet.
    • 00:08:36
      Too much, sorry.
    • Lyle Solla-Yates
    • 00:08:38
      Have you all looked at red on red?
    • Carl Schwarz
    • 00:08:41
      Yes, yeah, did I mention that?
    • 00:08:43
      I'm sorry, that was, yes, that was part of the memo.
    • 00:08:45
      I think in conjunction with leading pedestrian intervals, but yeah, getting rid of no turn on, no right turn on red, especially around school zones.
    • 00:08:54
      That was one of our things.
    • Lyle Solla-Yates
    • 00:08:56
      Excellent, thank you.
    • 00:08:58
      And Mr. Stolzenberg, please.
    • Rory Stolzenberg
    • 00:09:00
      No report.
    • Lyle Solla-Yates
    • 00:09:02
      Mr. Palmer, what news?
    • SPEAKER_14
    • 00:09:05
      I can't really think of anything for this month, so yeah, no report.
    • Lyle Solla-Yates
    • 00:09:10
      Thanks.
    • 00:09:10
      Rare.
    • 00:09:11
      Hopefully that's a good thing in your world.
    • 00:09:13
      Yeah.
    • 00:09:14
      I should have one next time.
    • 00:09:17
      I had no formal meetings, though I was able to present to the Virginia American Institute of Architects about Charlottesville plans together.
    • 00:09:27
      They were very nice.
    • 00:09:29
      They liked the pretty pictures I showed, although they were astonished that planning work takes so long and is so expensive.
    • 00:09:35
      And yes, that's true.
    • 00:09:37
      They're not wrong about that.
    • 00:09:40
      I turn now to the City of Charlottesville Neighborhood Development Services.
    • SPEAKER_20
    • 00:09:44
      You want me to start?
    • 00:09:45
      Okay, I'll go ahead and start.
    • 00:09:48
      So we have a work session November 22nd.
    • 00:09:52
      It will focus on the Capital Improvement Program.
    • 00:09:57
      And also, in addition to that, we have staff from Community Solutions coming and talking about current status for housing programs.
    • 00:10:11
      Thought this would be a good time to share that information around CIP time, plus it's always really good to understand what's going on in the housing world from those who are in it day to day.
    • 00:10:23
      So we'll have that set up for the 22nd.
    • 00:10:26
      we have a very full meeting at the December 13th at this point we will have a hearing on the CIP that is something that happens every December every year so that's a normal thing and then we will be moving forward with comprehensive plan amendments
    • 00:10:46
      as part of our agenda in December.
    • 00:10:52
      And we have a presentation scheduled on entrance corridor design review, just an overview of that process, kind of a 101 to give us all some set context.
    • 00:11:04
      it's possible something else may come forward but that that's a pretty full plate so we'll see how that goes I wanted to give you all some updates on some projects where we've had a lot of community feedback and a community interest the zero east high street project at this point the comments letter went out to the applicant at the end of October
    • 00:11:28
      and so the applicant will have 90 days to respond to that letter.
    • 00:11:32
      We also sent that out to interested parties.
    • 00:11:36
      We have a pretty extensive list of people who are interested in the status of that and so we've sent that out.
    • 00:11:43
      As a result of that, we've gotten a few acknowledgements.
    • 00:11:49
      Some of the concerns that people had noted about that project were technical issues that were put in the memo that
    • 00:11:58
      the applicant will need to react to.
    • 00:11:59
      So it'll probably be a little while before we get another submission, but once we get another submission, we will share that submission with the interested parties and we'll provide updates to you all as we go.
    • 00:12:13
      Another project that we've had some public feedback on, it's, let's see, 1120 Avon is the address on it.
    • 00:12:23
      It's on a corner lot on Avon and Alta Vista.
    • 00:12:28
      It's for a multi-family development, so they've had a community input meeting.
    • 00:12:36
      and there were a lot of interested parties involved with that.
    • 00:12:41
      And at this point, some feedback has gone to the applicant from city staff.
    • 00:12:47
      And so we anticipate at some point we'll get some sort of reaction to that and perhaps some updated materials
    • 00:12:56
      we do not anticipate that this would be on agenda any earlier than January and depending on what the applicant chooses to do it may not even be January but we are sharing that with interested parties so they can keep on the radar of the timing and we've also
    • 00:13:15
      communicated out to interested parties how we advertise these so that they will be aware of what to look out for as we move forward.
    • 00:13:25
      So those are two.
    • 00:13:28
      If there are other projects that you all are hearing interest in, we definitely want to be able to share that as well.
    • 00:13:36
      And James probably will talk a little bit about our zoning project and maybe something else as we go along.
    • 00:13:55
      Zero East High at the moment is ministerial and that's another thing you asked Mr. Friess to talk about and he will in a minute.
    • 00:14:02
      The other project is a special use request and so that would come forward through this process.
    • 00:14:10
      So that would come forward to the Commission at some point in time.
    • Lyle Solla-Yates
    • 00:14:13
      Thank you.
    • 00:14:14
      Any other questions on those items?
    • 00:14:17
      Please.
    • James Freas
    • 00:14:18
      So good evening, Mr. Chair, members of the Commission.
    • 00:14:21
      So to cut right to that question that was raised around essentially the definition of a ministerial review, the easiest way is to describe it as the opposite of the discretionary reviews that you guys typically conduct for a special permit or a rezoning.
    • 00:14:36
      So in a ministerial review, you're simply reviewing for consistency with the established set of standards.
    • 00:14:44
      It's not really one where there's the discretion to
    • 00:14:54
      The discretion isn't as wide.
    • 00:14:55
      The latitude isn't as wide to deny a project as you might experience with a special permit application.
    • 00:15:03
      With a special permit application, the standards against which you're reviewing it are more discretionary and a little more subjective as opposed to the standards in which we review a site plan when it's a ministerial review because those are kind of clearly defined.
    • 00:15:17
      You meet them or you do not.
    • 00:15:20
      so does that great um all right was there was there any other questions on that topic before we move on no all right um there was a sort of uh a for now implied that it might not be ministerial
    • Rory Stolzenberg
    • 00:15:39
      No?
    • James Freas
    • 00:15:41
      Which one?
    • 00:15:42
      With relative to zero east high.
    • SPEAKER_20
    • 00:15:44
      Well at this point what has come forward has been something that would be ministerial.
    • 00:15:52
      It is potential that some of the technical comments in order to meet those there may be changes to what's presented.
    • 00:16:00
      We won't know that until we see what the applicant decides to do with
    • 00:16:04
      So, yeah, sorry, didn't mean to speculate in any sort of way, but you know, they have some work to do to work on the technical aspects and that could result in something different.
    • Rory Stolzenberg
    • 00:16:20
      Fair.
    • James Freas
    • 00:16:20
      Thanks.
    • 00:16:21
      Yeah.
    • 00:16:21
      I mean, if you review the comments that have been released, there's a number of places where they have to make decisions where, again, not to repeat exactly what was just said, but they need to make some decisions about how they want you to move forward, and amongst their choices would be to change the project in a way that might trigger a special permit or a rezoning.
    • 00:16:43
      All right.
    • 00:16:46
      I wanted to make an announcement, very pleased to announce that our new transportation planning manager position has started.
    • 00:16:52
      Mr. Ben Chambers joined our office just over a week ago, and actually, no, precisely a week ago.
    • SPEAKER_06
    • 00:16:59
      Yes.
    • James Freas
    • 00:17:00
      And so he's getting on board, and I look forward to an opportunity to introduce him to you all soon in one of your upcoming meetings.
    • 00:17:09
      And then on the zoning ordinance, so we have been meeting with our consultant team and proceeding forward.
    • 00:17:20
      One thing we hope to be bringing, I believe, at the December meeting, Missy, is a finalized schedule of where the touch points will be for both the Planning Commission, the Steering Committee, and public engagement on the draft ordinance as it comes out.
    • 00:17:37
      As I think I've talked about at previous meetings, we're now looking very clearly at the zoning ordinance coming in three distinct chunks.
    • 00:17:46
      those chunks being the first one being the very much the biggest one, districts, land uses, land use tables associated with those districts and the standards associated with those districts in terms of
    • 00:17:58
      development parameters, height, setbacks, et cetera, massing in bulk, those things, so on and so forth.
    • 00:18:06
      And you will see with that one also very clearly the new format of the zoning ordinance.
    • 00:18:11
      So that will be the first chunk of draft ordinance that you receive.
    • 00:18:15
      Again, the biggest.
    • 00:18:16
      We're anticipating that arriving, and I hate to say anything specific dates, but we're looking at end of January being a February timeframe.
    • 00:18:25
      And then the following chunk will be focused on the development standards.
    • 00:18:30
      Those are things like signs, lighting, landscaping, all those other things that go into what define a development project.
    • 00:18:38
      And then the final chunk of work will be the administration section.
    • 00:18:43
      So site plan review being kind of the largest chunk of the administration section.
    • SPEAKER_20
    • 00:18:52
      We are planning to have the Planning Commission meetings set for the fourth Tuesdays, our regular work sessions, so you all already have those pinned in.
    • 00:19:04
      There could be other opportunities, but we're building the schedule around things that are already on the calendar to try and make things more efficient that way.
    • James Freas
    • 00:19:14
      Right.
    • 00:19:15
      So make note on your calendars for your second meetings in January, February, and March, and I believe April for all four of those.
    • 00:19:23
      We're identifying a set of topics for the work session conversations that dig deep into different aspects of the proposed zoning ordinance.
    • 00:19:36
      Happy to take any questions at this time.
    • Lyle Solla-Yates
    • 00:19:39
      Questions on that?
    • 00:19:46
      I think that works.
    • 00:19:46
      Thank you very much.
    • 00:19:47
      Great.
    • 00:19:47
      Let's see, 550.
    • 00:19:56
      I turn to the public.
    • 00:20:00
      I'd like to consider matters to be presented by the public not on the formal agenda.
    • 00:20:03
      So this is basically anything you want to talk about except for the application for 211 Albemarle Street and the application for 901 Seminole Trail and 1801 Hydraulic Road.
    • 00:20:14
      Those have public hearings.
    • 00:20:15
      But anything else you want to talk about, please.
    • 00:20:16
      This is the time.
    • SPEAKER_20
    • 00:20:18
      All right, so how we will do this is we will follow our current pattern.
    • 00:20:23
      What we do is we call up someone from our physical audience for their three minutes of discussion or of speaking and then we'll alternate and go to our virtual audience and we'll alternate back and forth as long as we have individuals who are interested in speaking.
    • 00:20:45
      so we will start with our in-person audience and we have a gentleman here who would like to speak sir if you can come up and provide to the microphone and provide your name and address and then begin your speech
    • SPEAKER_04
    • 00:21:04
      Thank you.
    • 00:21:05
      My name is Peter Krebs.
    • 00:21:07
      I work for the Piedmont Environmental Council, live in the city of Charlottesville, but tonight I'm actually speaking on behalf of the Move to Health Equity Coalition.
    • 00:21:16
      Better walking and biking and transit are keys to so many things we're trying to do here in Charlottesville, including the Climate Action Plan, which you'll hear about later tonight.
    • 00:21:27
      But how do we make that happen?
    • 00:21:29
      That's the big question.
    • 00:21:31
      Tomorrow night I'll be presenting findings from the new move to health equity report on mobility that's focused on neighborhood connectivity.
    • 00:21:42
      That's the results of our 2001 Community Mobility Needs Survey.
    • 00:21:48
      This survey sheds light on questions like how do people get around Charlottesville, why don't people walk, bike, or use transit more often, what types of destinations are most or least accessible, as well as what areas need work, and where are improvements most needed.
    • 00:22:08
      that's happening tomorrow night, Wednesday, 6 p.m.
    • 00:22:11
      on Zoom.
    • 00:22:13
      You can find out more by visiting pecva.org slash events.
    • 00:22:20
      And unfortunately, we set up the meeting such that it doesn't have a registration, but if you'd like to put it right on your calendar, tomorrow, 6 p.m.,
    • 00:22:30
      and then the join URL for that is going to be tinyurl.com slash mobility report or you could just go to PEC's website under events.
    • 00:22:43
      We'd also like to make this presentation to City Council at one of their 4 p.m.
    • 00:22:48
      sessions and even to you guys if you're up for it.
    • 00:22:51
      That would be cool.
    • 00:22:53
      I must say I'm a little less excited about what I've seen of the multimodal prioritization tool that you'll be looking at tonight.
    • 00:23:02
      It seems like an interesting desktop exercise, but it doesn't ask what the community wants.
    • 00:23:11
      It sort of reshuffles priorities that the community did talk about about 10 years ago.
    • 00:23:17
      And it doesn't include a bunch of the themes that my own report talks about, like getting to food, parks, and healthcare, which are some of the most difficult places for people to get to, it turns out.
    • 00:23:30
      Hopefully it can be just, you know, more knowledge in a process and part of a comprehensive look at mobility in the
    • 00:23:39
      Charlottesville, and the move to health equity report also will be a part of the picture, so I hope to see you all tomorrow and at a future meeting.
    • 00:23:49
      Thank you.
    • Lyle Solla-Yates
    • 00:23:51
      Thank you.
    • SPEAKER_20
    • 00:23:56
      All right, our next speaker will be a virtual speaker, and we have our first speaker, James Groves.
    • 00:24:03
      James, can you hear us?
    • SPEAKER_05
    • 00:24:05
      Yes, I can.
    • 00:24:05
      Good evening.
    • SPEAKER_20
    • 00:24:06
      All right, James, you have three minutes.
    • SPEAKER_05
    • 00:24:08
      Thank you.
    • 00:24:09
      Good afternoon, early evening.
    • 00:24:11
      My name is James Groves.
    • 00:24:13
      I'm a city resident and I wish to provide a few inputs in advance of tonight's climate action plan presentation.
    • 00:24:20
      Last month I read the new climate action plan with great interest and was pleased to see the many ways our city can reduce its carbon emissions.
    • 00:24:28
      I particularly like the table on pages 90 and 91, which highlights connections between the ongoing city zoning code update and climate action.
    • 00:24:40
      As the Planning Commission guides both rezoning and climate action, please study those pages.
    • 00:24:47
      After reading the plan, I reflected on what might be missing and soon recognized an important gap.
    • 00:24:53
      The Climate Action Plan does not comment on the potential incompatibility of accelerated new housing construction sparked by rezoning and achievement of City Council's 2019 climate targets.
    • 00:25:09
      45% carbon emission reductions by 2030 and carbon neutrality by 2050.
    • 00:25:15
      Specifically, if rezoning generates an uptick in housing construction, adding 400, 500, or more new units per year at any price point, as suggested by this summer's inclusionary zoning analysis, and there's no restriction on new hookups to the city's municipal gas utility, Charlottesville will not achieve its 2050 climate goal.
    • 00:25:41
      Already today, Charlottesville's gas system accounts for one-fifth of all greenhouse gas emissions in the city.
    • 00:25:48
      As we pipe natural gas through our community and burn it for heating and cooking, we release methane and carbon dioxide into the atmosphere.
    • 00:25:57
      Both are potent greenhouse gases.
    • 00:26:00
      During the past year, our gas utility experienced 56 leaks and expanded its customer base with 185 new gas lines.
    • 00:26:09
      The leaks and expansion have occurred at a time when thousands of the world's leading scientists urges to rapidly reduce greenhouse gas emissions, not expand them.
    • 00:26:22
      Rezoning without a restriction on new gas hookups will accelerate gas line installations beyond 200 per year.
    • 00:26:31
      Then, once new gas lines are installed, residents will expect to be able to use that infrastructure for decades.
    • 00:26:39
      a timeline incompatible with City Council's climate goals.
    • 00:26:44
      The responsible alternative is electrification that begins with the zoning code update.
    • 00:26:51
      Thank you for considering this important matter.
    • 00:26:53
      I hope these comments spark a substantive conversation later this evening.
    • Matt Alfele
    • 00:27:00
      And thank you.
    • SPEAKER_20
    • 00:27:00
      All right, well, oh, sorry about that.
    • 00:27:09
      We will head back to our in-person audience.
    • 00:27:13
      We have no other in-person audience individuals.
    • 00:27:20
      And now we'll go back to our virtual audience.
    • 00:27:25
      Sorry.
    • 00:27:26
      We'll go back to our virtual audience.
    • 00:27:28
      Do we have any interested speakers in our virtual audience?
    • 00:27:32
      If you do, would like to please raise your hand.
    • 00:27:40
      All right, Chair, it appears that our speakers for this evening and matters have already taken their time to speak.
    • Lyle Solla-Yates
    • 00:27:48
      All right, thank you very much.
    • 00:27:50
      I would like to turn to the consent agenda.
    • 00:27:53
      Do I hear a motion on this topic?
    • SPEAKER_27
    • 00:27:57
      I'll move to consent the agenda as to approve the committee.
    • Lyle Solla-Yates
    • 00:28:03
      Crystal clear, thank you.
    • 00:28:04
      Do I hear a second?
    • 00:28:04
      Second.
    • 00:28:06
      Can I get ayes if we want to approve?
    • 00:28:11
      Aye.
    • 00:28:11
      Aye.
    • 00:28:13
      I hear unanimous consent.
    • 00:28:17
      I see two minutes.
    • 00:28:20
      How are we feeling?
    • 00:28:20
      Oh, we can't do anything here.
    • 00:28:24
      Indeed.
    • 00:28:25
      Want to talk about anything for two minutes?
    • 00:28:30
      Feeling good?
    • 00:28:33
      Weird night.
    • 00:28:34
      Anybody see the blood moon?
    • 00:28:37
      I saw the blood moon.
    • SPEAKER_03
    • 00:28:39
      It was cool.
    • 00:28:41
      I don't.
    • Lyle Solla-Yates
    • 00:28:43
      I'm not saying I did the right thing, but I saw something spooky.
    • 00:28:49
      How dark did it get?
    • 00:28:51
      It got very dark.
    • 00:28:52
      Yeah.
    • SPEAKER_14
    • 00:28:52
      I mean, I know it was already dark, but you missed the moon.
    • Lyle Solla-Yates
    • 00:28:54
      Yeah, it looked really cool.
    • SPEAKER_14
    • 00:28:55
      Yeah, I missed that.
    • 00:28:56
      Sorry to miss that.
    • Lyle Solla-Yates
    • 00:29:01
      Frustrating because, you know, the pictures never turn out.
    • 00:29:05
      I see two counselors, welcome.
    • 00:29:17
      Thank you.
    • SPEAKER_20
    • 00:29:21
      You can do everything except you can't count for the physical form.
    • SPEAKER_25
    • 00:29:28
      So I have to vote with my persuasions, my persuasive powers if I want to influence the actual outcome of the vote.
    • SPEAKER_20
    • 00:29:36
      Well, you would be, I mean, the chair would ask for comments as he usually does.
    • SPEAKER_27
    • 00:29:40
      And then I would articulate and convince everyone of the correct vote.
    • 00:29:46
      Okay.
    • SPEAKER_03
    • 00:29:55
      Thank you for the 20 seconds.
    • SPEAKER_26
    • 00:29:56
      Oh, I'm talking about the 30 seconds.
    • Lyle Solla-Yates
    • 00:30:27
      Mr. Mayor, is Council in order?
    • 00:30:30
      I would like to open the joint meeting of the Charlottesville Planning Commission and the City Council.
    • 00:30:41
      Turning first to an item I know the name of, Albemarle Street, with Mr. Awfully.
    • Matt Alfele
    • 00:30:55
      Planning Commission, City Council, Matt Offley, City Planner, Neighborhood Development Services.
    • 00:31:00
      Commission, tonight you will be holding a public hearing and making a recommendation to City Council as it relates to a special use permit for a daycare.
    • 00:31:09
      Pilgrim Baptist Church located at 211 Albemarle Street and having a tax map parcel of 310025
    • 00:31:21
      is requesting a special use permit for a daycare facility per city code 3479634420 and 34158.
    • 00:31:34
      The church is looking to use the existing building to run a Montessori-style early childhood development program for up to 15 students.
    • 00:31:43
      The use would not have an adverse impact on the surrounding community outside of traffic concerns, which staff feels can be adequately mitigated by the conditions outlined in the staff report.
    • 00:31:59
      By contrast, staff believes the use of a daycare facility at this location would have a positive impact on the surrounding community and offer a sorely needed amenity that many in the neighborhood cannot access or need to travel great distances to utilize.
    • 00:32:14
      Staff recommends approval with the three conditions outlined in the report.
    • 00:32:19
      The most important being the adherence to a parking and drop-off pickup plan within the application materials dated October 4th, 2004.
    • 00:32:29
      This plan should be kept on file with the city and may be updated or altered from time to time with the authority of the city traffic engineer.
    • 00:32:39
      This concludes staff's presentation.
    • 00:32:41
      The applicant, Pastor Chris Cooper, is in attendance tonight.
    • 00:32:46
      He has not prepared a formal presentation, but he is available for questions, as so am I. Actually, in that case, well, let's start with staff questions, just for simplicity.
    • Lyle Solla-Yates
    • 00:32:58
      Mr. Mitchell, questions on this?
    • Hosea Mitchell
    • 00:33:01
      Not much.
    • 00:33:01
      This is pretty simple and straightforward.
    • 00:33:16
      Are you just attempting to give them a buffer?
    • Matt Alfele
    • 00:33:18
      Yes, a buffer.
    • Hosea Mitchell
    • 00:33:20
      And will they really be open seven days a week or are you giving them a buffer?
    • Matt Alfele
    • 00:33:23
      That, it wasn't indicated really in the application materials.
    • 00:33:28
      It just said staff just went with daily.
    • 00:33:32
      Buffer.
    • 00:33:33
      But we don't think it would really fall in outside of weekdays.
    • 00:33:37
      Mr. D'Oronzio?
    • Phil D'Oronzio
    • 00:33:38
      I presume 15 adolescents was a type of adolescent.
    • Matt Alfele
    • 00:33:45
      Well, adolescence was in the application materials, but it's Montessori style, so I don't think there's going to be any teenage Montessori students Thank you.
    • Lyle Solla-Yates
    • 00:33:57
      Mr. Buck?
    • 00:34:00
      No questions.
    • 00:34:01
      Ms.
    • 00:34:01
      Russell?
    • SPEAKER_26
    • 00:34:02
      No questions.
    • Lyle Solla-Yates
    • 00:34:03
      Mr. Schwartz?
    • 00:34:04
      No.
    • 00:34:05
      Mr. Stolzenberg?
    • 00:34:06
      No.
    • 00:34:07
      Mr. Palmer, anything on this?
    • 00:34:08
      No, thanks.
    • 00:34:10
      I have nothing very clear.
    • 00:34:11
      Thank you.
    • 00:34:12
      Questions from Council.
    • 00:34:14
      Mr. Pinkston?
    • Brian Pinkston
    • 00:34:15
      I did scan through this earlier, is it, this is for children, is that correct?
    • Matt Alfele
    • 00:34:22
      Yes, it's Montessori style early education, so it is for preschool through young age Okay, and it's at an existing church?
    • Brian Pinkston
    • 00:34:39
      Did the church functions allow this educational function?
    • Matt Alfele
    • 00:34:42
      Correct.
    • 00:34:43
      It's to utilize the existing facilities.
    • 00:34:46
      There's kind of a weird thing to go into.
    • 00:34:48
      So this is a multi-zone lot.
    • 00:34:52
      There's an R1S portion.
    • 00:34:55
      And then there's the mixed-use portion.
    • 00:34:59
      And it kind of splits the building.
    • 00:35:02
      So that was one of the issues why they had to pursue an SUP, too, for the daycare.
    • 00:35:06
      Got it.
    • Brian Pinkston
    • 00:35:07
      Thank you.
    • Lyle Solla-Yates
    • 00:35:09
      Mayor Snook?
    • Lloyd Snook
    • 00:35:11
      I guess my question is, is there a land use reason why a 5 p.m.
    • 00:35:19
      cutoff
    • Matt Alfele
    • 00:35:23
      There's not, I would say, just it falls in line with just typical traffic patterns.
    • 00:35:30
      And we were trying to get that buffer from what the applicant was asking.
    • 00:35:33
      I wouldn't say there's a land use reason.
    • Lloyd Snook
    • 00:35:35
      I mean, what occurs to me is the...
    • 00:35:40
      The school's main use may be until 3.30.
    • 00:35:44
      An awful lot of schools have an after-school program.
    • 00:35:47
      I don't know whether they would intend to.
    • 00:35:50
      If so, the after-school program is likely going to be running until 5.30 or 6 rather than 5 o'clock.
    • 00:35:56
      If there's not a land use reason why 5 o'clock matters as opposed to 6 o'clock, it would seem to me that it would be wise for the land use
    • 00:36:06
      side of it being the Planning Commission City Council to set a 6 o'clock deadline, perhaps, so that if they decide at some point, again, it shouldn't matter from a land use perspective whether they run to 3.30 or 4.30 or 5.30.
    • 00:36:22
      Staff wouldn't object to that.
    • Matt Alfele
    • 00:36:23
      Yeah, okay.
    • Lyle Solla-Yates
    • 00:36:25
      Thank you.
    • 00:36:27
      And Mr. Wade, questions?
    • Juandiego Wade
    • 00:36:28
      Yeah, that was going to be kind of my comments.
    • 00:36:31
      I'm doing a ton of these for the county for special use permits that they may change later maybe to expand and instead of coming back or maybe dealing with some complaints if things go a little bit later that six, you know, that's what we typically set it for just
    • 00:36:57
      out of abundance of caution unless it was a lot of concern from the community.
    • 00:37:01
      I'm really excited about this program.
    • 00:37:03
      I know that it's needed in the community.
    • 00:37:06
      I've had a lot of conversations with residents in the area, so I'm excited about this.
    • Lyle Solla-Yates
    • 00:37:15
      Do we have questions for the applicant?
    • 00:37:16
      Just indicate in some way to me.
    • 00:37:21
      Can the applicant please approach?
    • Brian Pinkston
    • 00:37:29
      Hi, how are you, sir?
    • 00:37:30
      Pretty good, how are you?
    • 00:37:30
      Good, good.
    • 00:37:31
      I just wanted to say thank you for doing this.
    • 00:37:35
      Appreciate it.
    • 00:37:36
      Could you say one more about your motivation, your hopes for this?
    • SPEAKER_12
    • 00:37:40
      Yes.
    • 00:37:41
      We started this project last year.
    • Brian Pinkston
    • 00:37:44
      Yes, sir.
    • SPEAKER_12
    • 00:37:44
      And we did a trial run with toddlers in the community for free.
    • 00:37:52
      And the hopes was to already be operational.
    • 00:37:58
      but when we started we found out that the R1S runs directly through the addition on the church so we had to stop and get the special use permit so you know we're looking forward to
    • 00:38:16
      getting started with toddlers and building this as far as we can from an educational standpoint.
    • 00:38:25
      So there's a lot of need in the community?
    • 00:38:27
      There's definitely a lot of need in the community for this type of program, schooling.
    • 00:38:34
      Thank you, sir.
    • Lyle Solla-Yates
    • 00:38:35
      Any additional questions for the applicant?
    • Rory Stolzenberg
    • 00:38:36
      Do you feel like it might grow beyond 15 students at some point?
    • 00:38:40
      I do.
    • Lyle Solla-Yates
    • 00:38:42
      Additional questions?
    • Rory Stolzenberg
    • 00:38:45
      I've got a question for staff on that front.
    • 00:38:48
      Is there any reason to restrict it to 15 at this point and make them come back if they want to grow more?
    • 00:38:53
      Thank you, sir.
    • Matt Alfele
    • 00:38:57
      No, I think staff would be comfortable.
    • 00:38:59
      I mean, there's a lot that once you get into certain numbers that are controlled by the state.
    • 00:39:05
      I know eight is one number, and I can't remember off the top of my head, but there's not.
    • 00:39:10
      I think 20 staff would be comfortable with.
    • 00:39:13
      I think we get anywhere above that.
    • 00:39:15
      We would want to reevaluate.
    • 00:39:17
      Any of the impacts it could have on the community?
    • SPEAKER_20
    • 00:39:20
      We're advertised this evening for up to 15.
    • 00:39:24
      So yes, so I believe they are anxious to move forward.
    • 00:39:32
      We also are working through a zoning program at this point in time and we highly anticipate that the split zoning situation that they have there currently will be resolved.
    • 00:39:48
      in a way that would probably assist with the situation.
    • Rory Stolzenberg
    • 00:39:51
      That makes sense.
    • Lyle Solla-Yates
    • 00:39:53
      Thanks.
    • 00:39:54
      Additional questions on this item?
    • 00:39:55
      Yes, please.
    • Hosea Mitchell
    • 00:39:56
      What about the mayor's recommendation that we go from five to six?
    • 00:40:00
      Do we have to sit with five since that's what's in the recommendation?
    • SPEAKER_20
    • 00:40:04
      So I think we have some flexibility in there because we gave ourselves some wiggle room in the advertisement, so I think we'll be fine.
    • Rory Stolzenberg
    • 00:40:13
      How much flexibility do we have?
    • 00:40:15
      I mean, I don't really see a reason to impose a restriction altogether.
    • 00:40:19
      If they end up running until 7 at some point, that doesn't seem like much of a concern of ours.
    • 00:40:24
      If anything, it would help with traffic.
    • 00:40:26
      It's not rush hour, right?
    • Matt Alfele
    • 00:40:29
      Well, I mean, I can see that.
    • 00:40:31
      I don't, like Ms.
    • 00:40:33
      Creasy said, I don't think we have some wiggle room.
    • 00:40:35
      And also the use, I think because of the add, you know, the special use permit is for the use of daycare.
    • 00:40:42
      The mitigating conditions like the time, I do think we have flexibility, or commission has flexibility in their recommendations to city council.
    • 00:40:54
      on the conditions.
    • Carl Schwarz
    • 00:40:55
      Mr. Schwartz, please.
    • 00:40:57
      Just a point of clarification for the 15 students.
    • 00:40:59
      Is that 15 students all day?
    • 00:41:01
      Is it 15 students at one time?
    • 00:41:02
      Is that 15 students enrolled in the program?
    • SPEAKER_20
    • 00:41:05
      Ah, well, this is a question we get quite often on these reports.
    • 00:41:09
      So it would be 15 on-site at a time.
    • 00:41:14
      So if they choose to have shifts or something to that effect, they would address that in their drop-off pick-up plan.
    • 00:41:25
      But yes, there is flexibility there as well.
    • Lyle Solla-Yates
    • 00:41:29
      Additional questions on this item?
    • Rory Stolzenberg
    • 00:41:31
      Are they allowed to have extra students as long as they keep them on the CC zone side of the building?
    • SPEAKER_20
    • 00:41:38
      Well, you know what?
    • 00:41:41
      It is not likely that unless something crazy is going on that we're going to be over there taking a look at that situation.
    • 00:41:55
      So that seems very nuanced, but I think that
    • 00:42:00
      I think as they move forward and as some of the other changes going on in the community occur, I think we'll keep them in compliance.
    • Lyle Solla-Yates
    • 00:42:09
      Sounds good.
    • 00:42:10
      I would like to hear from the public at this time.
    • SPEAKER_20
    • 00:42:20
      All right, we do not have anybody in our physical audience.
    • 00:42:25
      I'm going to move to our virtual audience, and if anyone is interested in speaking during this public hearing, please raise your hand.
    • 00:42:35
      All right, Chair, I see no hands raised, so no speakers.
    • Lyle Solla-Yates
    • 00:42:39
      All right, thank you very much.
    • 00:42:40
      At this time, I would be interested in thoughts.
    • 00:42:44
      I would also entertain a motion.
    • Hosea Mitchell
    • 00:42:46
      Yeah, I was going to jump in there.
    • Rory Stolzenberg
    • 00:42:51
      I'm going to recommend approval of this application for a special use permit in the CC and R1S zone at 3100-25000 211 Albemarle Street to permit a daycare facility with the following conditions.
    • 00:43:04
      Conditions 1 and 3 listed in the staff report.
    • 00:43:09
      So a daycare facility shall be permitted on the subject property for up to 15 students, and the daycare facility shall adhere to the parking and pickup drop-off plan within the application materials dated October 4, 2004, kept in file with the city, updated, altered, time to time, with authorization of the traffic engine.
    • Carl Schwarz
    • 00:43:25
      I'll second.
    • Lyle Solla-Yates
    • 00:43:25
      I hear a second?
    • 00:43:27
      Did you have the hours in that?
    • 00:43:30
      Dropped the hours.
    • 00:43:31
      Dropping it entirely.
    • SPEAKER_27
    • 00:43:32
      I think staff wanted to keep the, you know, seven days a week for clarity.
    • 00:43:39
      I was going to recommend 7 a.m.
    • 00:43:40
      to 7 a.m.
    • 00:43:40
      to 7.30 p.m.
    • 00:43:41
      7.30 a.m.
    • 00:43:42
      to 7.30 p.m.
    • 00:43:45
      just to keep it clean.
    • SPEAKER_02
    • 00:43:49
      Is that of interest?
    • SPEAKER_27
    • 00:43:49
      No, that would be rolling back in staff recommendation number two by modifying it.
    • Rory Stolzenberg
    • 00:43:56
      Yeah, I mean, again, I guess I just don't see, you know, any public interest in limiting, in any limitation, right?
    • 00:44:02
      You know, not that they seem to be planning this right now, but, you know, many people work overnight shifts and need childcare kind of, you know, it's harder to find than people who work day shifts, right?
    • 00:44:13
      If they were to do that, you know, I don't find that there would be adverse impacts on the community as a result.
    • 00:44:21
      And so I just don't see a justification in making that limitation at all.
    • Lyle Solla-Yates
    • 00:44:28
      Okay.
    • 00:44:29
      I'd like to hear some discussion on this.
    • 00:44:32
      Do we have a second?
    • 00:44:33
      We did get a second.
    • 00:44:34
      Yeah, we did get a second.
    • 00:44:35
      Mr. Roettger?
    • Phil D'Oronzio
    • 00:44:36
      I'm in agreement with Rory on this.
    • 00:44:38
      I think we can be silent on the hours.
    • 00:44:41
      and I don't see a negative impact to that.
    • 00:44:46
      I mean, is there, I guess this might be a question, is there a limitation on residential zoning, special use permit business hours since we've got that?
    • SPEAKER_20
    • 00:44:57
      not specifically in the code hours of operation have just been a common item that moves forward with schools and daycares and other applications similar to this so we we mirrored that process in the past we've had
    • 00:45:16
      concerns from individuals concerning hours and the amount of traffic opportunities.
    • 00:45:26
      So that is why that has always been placed as a condition and usually, well, in most cases,
    • 00:45:36
      The applicant is part of the decision making in that time frame.
    • 00:45:40
      We work with the time frame that they need.
    • 00:45:42
      And then if there is a concern from the community, then we adjust at that point.
    • Lyle Solla-Yates
    • 00:45:49
      Additional discussion on this motion?
    • Hosea Mitchell
    • 00:45:51
      Yeah, I was originally going to go with Rory.
    • 00:45:55
      But I do worry about, after Ms.
    • 00:45:57
      Creasy's walkthrough of this, I worry about the slippery slope we might get on if we begin making
    • 00:46:04
      changes, so I think some parameter is a value, and I think the parameter, the very liberal parameter that Ms.
    • 00:46:11
      Russell recommended is an order.
    • Lyle Solla-Yates
    • 00:46:14
      Mr. Stolzenberg, would you like to respond?
    • Rory Stolzenberg
    • 00:46:20
      I mean, again, I don't see really a compelling reason to limit nighttime uses, but
    • 00:46:29
      If we were, I think, you know, being, you know, even more generous in the time frame, something like 6 a.m.
    • 00:46:35
      to 9 p.m.
    • 00:46:36
      would probably cover the full spectrum of daytime uses without, you know, restricting potential, like, more likely evening type things.
    • Lyle Solla-Yates
    • 00:46:46
      Are you amending your motion to include that language?
    • 00:46:52
      Can I also jump in a little bit?
    • 00:46:56
      Ms.
    • 00:46:56
      Russell and then Ms.
    • SPEAKER_27
    • 00:46:57
      Rubel I mean, understanding that we're in the middle of the zoning rewrite, is there information available into like how a, right, this is on future mixed use, is that right?
    • 00:47:16
      Neighborhood mixed use corridor, is that correct?
    • 00:47:19
      Am I correct that that's the future land use map?
    • 00:47:22
      Maybe map.
    • 00:47:26
      Or that's the old comp plan?
    • 00:47:27
      What am I looking for?
    • Matt Alfele
    • 00:47:27
      No, that is, so it is under the future land use map.
    • 00:47:31
      This is urban mixed use corridor.
    • 00:47:34
      I mean, we have not gotten to that stage.
    • SPEAKER_26
    • 00:47:35
      Oh, purple, there it is, yeah.
    • 00:47:37
      But no hours, no.
    • Matt Alfele
    • 00:47:39
      We haven't gotten to even, like, you know, use is allowed in that.
    • 00:47:42
      We haven't defined uses and things like that yet for the zoning type.
    • SPEAKER_26
    • 00:47:45
      I was just going to say before we get into a whole lot of back and forth, what might change.
    • SPEAKER_20
    • 00:47:50
      And we have had I remember at least one daycare special use permit where it was specifically for around the clock opportunity and very much noting what had been brought forward as part of the conversation.
    • 00:48:09
      So I feel like you all do have flexibility as to how how you decide to move forward with the recommendation concerning that.
    • 00:48:20
      So go forth.
    • SPEAKER_02
    • 00:48:22
      Mr. Bud.
    • 00:48:23
      Thanks.
    • 00:48:25
      I think on the time, if I understood Commissioner Russell's earlier point, it was to just incorporate the seven days a week and we can just craft something that says up to seven days or however, which way kind of makes that an option for them.
    • SPEAKER_27
    • 00:48:41
      Yeah, my intent was sort of to be consistent in recognizing that, you know, staff may have to think about operating hours and days of the week and just trying to, like, have it clear as opposed to vague.
    • 00:48:56
      That clarity could be anything.
    • Lyle Solla-Yates
    • 00:48:58
      Mr. Stolzenberg, where do you sit?
    • Carl Schwarz
    • 00:49:02
      I really support Rory's first motion.
    • 00:49:08
      It seems arbitrary to me to limit this in any way, especially since, you know, if they ever did have a program that could help people who have overnight shifts, I think that would be fantastic, and I wouldn't want to limit that in any possible way.
    • 00:49:21
      So, I mean, if we're going to have a time frame on here, I'd say 24 hours a day, seven days a week.
    • 00:49:28
      and then it's clear.
    • Lyle Solla-Yates
    • 00:49:31
      I find that sympathetic also.
    • Rory Stolzenberg
    • 00:49:32
      Yeah, I mean, I'd probably point out that we're having this whole discussion and they have no apparent intention of doing overnight work, but I'd like to pressure them into it and please do.
    • 00:49:44
      And yeah, I, I, uh,
    • 00:49:48
      would not propose an amendment.
    • 00:49:49
      And if someone else proposes an amendment, I understand where staff is coming from, but I would probably vote against it.
    • SPEAKER_02
    • 00:49:58
      I was going to say you can also drop condition one.
    • 00:50:00
      It's part of the application anyways, right?
    • 00:50:03
      It doesn't have to be a condition.
    • Rory Stolzenberg
    • 00:50:06
      Yeah, we always do that for some reason.
    • 00:50:09
      I don't think it matters either way, so I'm going to keep it.
    • Hosea Mitchell
    • 00:50:13
      What is the motion that's on the table?
    • Rory Stolzenberg
    • 00:50:16
      Can you restate?
    • 00:50:16
      To approve with conditions one and three, which are that it will be a daycare with other 15 students and the pickup and drop-off plan.
    • Lyle Solla-Yates
    • 00:50:28
      Any additional discussion on this item?
    • Hosea Mitchell
    • 00:50:31
      I'm going to happily support this, but again, beware the slippery slope.
    • Lyle Solla-Yates
    • 00:50:37
      Ms.
    • 00:50:38
      Grissey, please call the roll.
    • SPEAKER_20
    • 00:50:39
      Sure.
    • 00:50:40
      Mr. Schwartz?
    • Lyle Solla-Yates
    • 00:50:41
      Yes.
    • SPEAKER_20
    • 00:50:42
      Mr. D'Oronzio?
    • 00:50:43
      Aye.
    • 00:50:44
      Mr. Stolensberg?
    • 00:50:45
      Aye.
    • 00:50:46
      Mr. Hrabab?
    • SPEAKER_02
    • 00:50:47
      Aye.
    • SPEAKER_20
    • 00:50:49
      Mr. Mitchell?
    • 00:50:49
      Yes.
    • 00:50:50
      Ms.
    • 00:50:51
      Russell?
    • 00:50:51
      Yes.
    • 00:50:52
      And Mr. Solla-Yates?
    • 00:50:55
      Aye.
    • Lyle Solla-Yates
    • 00:50:58
      I would like to turn our attention to SP22-0006, 901 Seminole Trail, 1801 Hydraulic Road.
    • 00:51:07
      And I believe this is Dan O'Connell.
    • SPEAKER_13
    • 00:51:11
      So good evening, everyone.
    • 00:51:13
      I'm Dan O'Connell, City Planner with NDS.
    • 00:51:15
      Tonight, I will be presenting to you an application for a special use permit for 901 Seminole Trail.
    • 00:51:23
      This is from River Bend Developments, representing 901 Seminole Trail, LLC.
    • 00:51:28
      Request to construct a restaurant with a drive-through window
    • 00:51:31
      on that property.
    • 00:51:33
      The applicant also wishes to modify setback requirements for 901 Seminole Trail and 1801 hydraulic road as part of this request and therefore both parcels are being considered as the subject property together.
    • 00:51:45
      The proposed drive-through will have a main building fronting on Seminole Trail and hydraulic road with parking, a dumpster, and ingress and egress as part of the Hillsdale Place shopping center Subject property is currently being redeveloped under a final site plan which includes a drive-through restaurant, a financial use, and two standalone commercial building pads in addition to modifications to the existing large shopping center building
    • 00:52:11
      The subject property is zoned highway corridor within an entrance corridor overlay.
    • 00:52:16
      The highway zoning district is traditionally auto-focused, catering to commercial and retail development with limited residential uses.
    • 00:52:23
      Examples of uses in the highway zoning district include grocery stores, restaurants with drive-through windows, hotels, shopping centers, and car washes.
    • 00:52:32
      The future land use map shows the subject property as part of an urban mixed use node.
    • 00:52:37
      The land use section of the comprehensive plan describes this district as intended for higher intensity mixed use development arranged along corridors between employment, commercial, and civic hubs of the city.
    • 00:52:49
      Staff finds the proposed development would conform to highway corridor zoning as well as the comprehensive plan and future land use map.
    • 00:52:56
      A one-story drive-through restaurant is consistent with the intent of the highway corridor zoning district and the urban mixed-use node future land use.
    • 00:53:06
      The proposed restaurant does also conform to the vision articulated in the hydraulic small area plan.
    • 00:53:12
      While the proposed development does not contain all features discussed within the plan, such as multi-story mixed-use structures or additional roadways, it does incrementally advance the objectives of the small area plan by identifying the existing commercial area, increasing urban road frontage along hydraulic road and Seminole Trail, and enhancing landscaping and pedestrian features.
    • 00:53:35
      As part of their Special Use Permit request, the applicants have asked for a modification of maximum setback requirements for the Build 2 Zone required in the Highway Corridor Zoning District.
    • 00:53:45
      The Code defines a Build 2 Zone as the area between the minimum and maximum allowable setbacks along the street frontage.
    • 00:53:52
      The minimum setback for this property is 5 feet.
    • 00:53:55
      The maximum is 30 feet off the Seminole Trail and 20 feet along all other roads.
    • 00:54:01
      and per the interpretation of the zoning administrator building must have at least one side located entirely within this build 2 zone in order to be considered compliant the proposed site plan indicates that all the new buildings will be located outside of this zone as well as the existing shopping center which is being modified and reduced in size which would make it non-compliant with the existing setback off of Hillsdale Drive and therefore the applicant
    • 00:54:25
      is therefore asking for maximum setbacks on the subject property to be modified to permit the proposed site layout.
    • 00:54:34
      but overall staff does find the application meets the general standards for a special use permit and recommends approval with the following conditions that the drive-through restaurant use is permitted only within the current boundaries of the 901 Seminole Trail parcel that the maximum setback for both 901 Seminole Trail and 1801 Hydraulic Road off Seminole Trail, Hydraulic Road and Indeed Road all be set to 75 feet
    • 00:55:00
      and the maximum setback for the property off of Hillsdale Drive also be set to 50 feet.
    • 00:55:06
      I'll have you take any questions.
    • 00:55:08
      Also, I believe the applicant's representative is here in person, so she is available for questions, and I think she also has a presentation for you as well.
    • Lyle Solla-Yates
    • 00:55:16
      Thank you.
    • 00:55:17
      Mr. Mitchell, questions?
    • Hosea Mitchell
    • 00:55:19
      The county line, where does that begin relative to this?
    • 00:55:22
      Is it just west of 29?
    • 00:55:24
      Yes.
    • SPEAKER_13
    • 00:55:26
      Everything to the west of 29.
    • Hosea Mitchell
    • 00:55:29
      I'm certain that the county is aware of this.
    • 00:55:32
      As you know, they're working on their big hydraulic 29 intersection improvement plan.
    • 00:55:38
      So how will this impact the work that they're going to do?
    • 00:55:41
      Because they're going to be a lot of...
    • 00:55:43
      pedestrian safety enhancements that they're working on and they're going to be some restrictions on left turns and right turns in that area as well.
    • 00:55:51
      If we work with them and are these guys aware of what the county's planning to do,
    • SPEAKER_13
    • 00:55:56
      As I believe the applicants are aware, I think the work would only affect the southeastern corner of, I think it was Hydraulic Road.
    • 00:56:06
      There's some intersection improvements being proposed there, but I don't think any work on Seminole Trail would affect this development specifically.
    • Lyle Solla-Yates
    • 00:56:16
      Mr. Dronzio?
    • Phil D'Oronzio
    • 00:56:20
      No questions.
    • Lyle Solla-Yates
    • 00:56:21
      Mr. Abub?
    • 00:56:24
      Ms.
    • 00:56:25
      Russell.
    • SPEAKER_26
    • 00:56:25
      I have no questions.
    • Carl Schwarz
    • 00:56:28
      Mr. Schwartz.
    • 00:56:30
      So questions for the applicant as well, right, or just staff?
    • 00:56:32
      Questions for staff.
    • 00:56:33
      Staff, no.
    • 00:56:35
      Mr. Stolzenberg.
    • Rory Stolzenberg
    • 00:56:37
      um yeah one question uh what is the pedestrian route to get to the building for the drive-through to the drive-through building yeah is that the whoops uh dash lion on this partial site plan screenshot here yes i believe that is um the ada accessible route that they're showing on their site plan okay so that's i gotta walk a mile or so from hillsdale
    • 00:57:08
      Yeah.
    • 00:57:08
      Okay.
    • 00:57:09
      Thanks.
    • Lyle Solla-Yates
    • 00:57:12
      Mr. Palmer, questions on this?
    • SPEAKER_14
    • 00:57:15
      I had a similar question to Commissioner Mitchell, just knowing of all the traffic improvements that, you know, the vision, I don't know that any have been approved or anything, but that this wouldn't preclude, you know,
    • 00:57:30
      implementing that vision.
    • 00:57:32
      I don't know the answer.
    • 00:57:33
      I don't know if staff knows the answer or the applicant, but that would be my concern.
    • Lyle Solla-Yates
    • 00:57:38
      Thank you.
    • 00:57:40
      Do you want to speak to that?
    • 00:57:41
      I think you pretty much got it.
    • SPEAKER_13
    • 00:57:43
      I think that's just about it.
    • 00:57:45
      I think the only area that was under discussion that might be affected would be the southeast corner on hydraulic in Hillsdale.
    • Lyle Solla-Yates
    • 00:57:58
      So I booted on this small airplane a few years ago.
    • 00:58:01
      It's a little bit hazy in my memory, but I remember it being very, very urban in character, tall buildings, mixed use.
    • 00:58:09
      And this wasn't what I was picturing.
    • 00:58:11
      Can you help me through the switch?
    • SPEAKER_13
    • 00:58:14
      Yeah, this site is actually called out in that small area plan as being very important.
    • 00:58:20
      And this does not, of course, this is not, you know, mixed use development, but it does not preclude further development along that line in the near future.
    • 00:58:29
      So we are considering the pedestrian improvements, the landscape improvements, the layout improvements do assist, they don't impede the small area plans vision, but it could be further redeveloped into that vision at a later date.
    • Lyle Solla-Yates
    • 00:58:44
      Thank you.
    • 00:58:46
      I would like to hear from Council.
    • 00:58:47
      Mr. Pinkston, do you have questions for the staff?
    • Brian Pinkston
    • 00:58:49
      Excuse me.
    • 00:58:50
      Yeah, this may have been what you were referring to a minute ago, but I understand the smart scale project in the hydraulic area.
    • 00:58:59
      There's a number of different interventions they're making.
    • 00:59:02
      At Hillsdale, I guess they've got a roundabout they're putting in there, and they're doing some work at
    • 00:59:09
      hydraulic at 29 and what you're saying is that that component is located, most of that work is on the southeast corner there?
    • SPEAKER_13
    • 00:59:17
      Yes, I think that's what I'm referring to.
    • Brian Pinkston
    • 00:59:19
      The Kroger corner?
    • 00:59:20
      Yeah.
    • 00:59:21
      From the wine shop or whatever is near there?
    • 00:59:22
      Mm-hmm.
    • 00:59:23
      Okay.
    • 00:59:24
      All right.
    • Lyle Solla-Yates
    • 00:59:32
      Mayor Snook?
    • Lloyd Snook
    • 00:59:37
      I've been sort of staring at this plat and I'm trying to make sure that I understand.
    • 00:59:43
      The setback requirement that concerns me most is the one for the building that's sort of at the corner.
    • 00:59:53
      Because, again, I've seen enough different plans that I can't keep them all straight to remember exactly which one we're working on in the next few years.
    • 01:00:05
      but I've been impressed as I've looked at these at the plans that the the MPO ends up with at how they end up putting odd seeming lanes to get around intersections in places where I'm sitting and thinking why are they doing that and the answer is because it's the only thing we can do and I I'm sort of
    • 01:00:28
      I'm curious about why the planning folks would not sit there and say, hey, of all the places we don't want to allow more incursion, the intersection of hydraulic and 29 is probably it.
    • 01:00:46
      Wouldn't that seem to be, I mean, it's one of the busiest intersections we've got.
    • 01:00:50
      It's one of the biggest traffic problems we've got.
    • SPEAKER_20
    • 01:00:52
      Oh, sorry, Mayor, but if our applicant was not asking for a drive-through, this would be a ministerial project.
    • Lloyd Snook
    • 01:01:02
      Okay, so it's the fact that it's a drive-through that...
    • SPEAKER_20
    • 01:01:08
      A restaurant drive-through, according to our code, requires this process.
    • 01:01:15
      If it were a pharmacy with a drive-through, it would not require this process.
    • Lloyd Snook
    • 01:01:20
      I'm less concerned about the process than I am about why do we know why it is that it's important to them to be an additional 10 feet closer to the intersection?
    • 01:01:34
      Just because that's the geometry that they happen to choose?
    • 01:01:38
      or is there some other reason that you know of?
    • 01:01:40
      No, that was the applicant's request.
    • 01:01:42
      They may be able to speak better on that than I can.
    • 01:01:45
      Okay.
    • 01:01:46
      That's all.
    • 01:01:47
      That's my question.
    • Lyle Solla-Yates
    • 01:01:48
      Mr. Wade.
    • 01:01:49
      No.
    • Lloyd Snook
    • 01:01:50
      No.
    • Lyle Solla-Yates
    • 01:01:52
      And thank you very much.
    • 01:01:53
      I'd like to hear from the applicant, please.
    • SPEAKER_22
    • 01:02:00
      Good evening, planning commissioners and chair and staff.
    • 01:02:05
      I do have some PDF slides, if you could pull them up.
    • 01:02:11
      Nice to see all of you.
    • 01:02:12
      And thank you for considering our request this evening.
    • 01:02:18
      Thank you.
    • 01:02:20
      Yeah, and I don't know if you have the ability to zoom in at all on this, but the site plan is looking very small on the screen there, but yes, so this is the overall site plan for the Hillsdale Place development that we're considering this evening, and I'm sure most of you are very familiar with the site and know that it's been sitting
    • 01:02:50
      vacant for some time now.
    • 01:02:52
      I know personally that our team has been working on this development for at least six years now and prior to that we were also responsible for the development of the Whole Foods
    • 01:03:07
      that is just east of the site.
    • 01:03:09
      And as part of that, we put in a lot of the Hillsdale Drive improvements that are called out in the small area plan, so starting to develop that road network.
    • 01:03:22
      and yes, we did in the past go through a full site plan process and a lot of the issues that we encountered with this site are related to the road improvements and access issues.
    • 01:03:39
      You used to be able, if you look on the far right there, you used to be able to make a full movement into the site from Hillsdale and that has since been blocked off so that
    • 01:03:50
      really damaged a lot of retail options for this commercial site.
    • 01:03:55
      And we've since been regrouping and coming together with a solution here.
    • 01:04:02
      And you may also be aware that the majority of the site, except for the corner that we're considering for the drive-through, is under a long-term lease.
    • 01:04:13
      that also means kind of different stance into how you approach the site but we're happy to be here tonight we have been in very close contact with VDOT throughout the years there have been over that course of time many different considerations for
    • 01:04:35
      the improvements both to 29 and hydraulic and so if you could just kind of slide down actually to kind of the far I guess it would be southeast corner
    • 01:04:55
      If you're able to just kind of pan down there, you'll see there's an area that's kind of hatched that's starting to appear.
    • 01:05:05
      So, yeah, when we were looking at this previously, there was the application for the potential grade separated interchange.
    • 01:05:15
      And so that was a very different strategy to the transportation solutions in the area.
    • 01:05:24
      what VDOT is proposing is a roundabout in that far right corner.
    • 01:05:29
      So that did give us another kind of curveball on our development strategy so you can see kind of that large swath
    • 01:05:38
      of area that will be dedicated to VDOT to accommodate the roundabout.
    • 01:05:45
      So that handles, you know, we've taken into full account their plans for this whole area, and that would be the land that needs to go to the improvements that they've proposed.
    • 01:06:00
      I think once you get to that intersection with hydraulic and 29, they're actually trying to
    • 01:06:07
      reduce those movements so there isn't any additional right-of-way take in that area that I am aware of.
    • 01:06:16
      But basically, you know, we have uses along these really, really the busiest streets in our whole
    • 01:06:27
      communities, so what you see is a lot of the commercial activity is a little bit more internal to the site.
    • 01:06:36
      We do have really generous sidewalks, and this is not the landscape plan, but we have landscaping buffers along all those edges.
    • 01:06:46
      and then for you know the drive-through use itself a lot of the issues that are typically discussed with that are more about any cues that might go out into the right-of-way or block access to other areas so because of the size and the layout of this site we don't have any of those
    • 01:07:08
      types of issues, but what we've tried to do at least with the setback request is ask for setbacks that will meet that zoning interpretation of allowing buildings that you get the full frontage within that maximum setback as the zoning administrator has determined.
    • 01:07:34
      but also just allow for you know whatever will need to happen along those very important right-of-way frontages so there are a lot of utilities running within those areas we want room for ample landscaping and for the drive-through itself you know you do have that actual vehicle lane so we're trying to
    • 01:07:59
      give a setback that allows for those uses while also giving the ability for, you know, in the future that could fill in a lot more.
    • 01:08:09
      So it's, you know, basically balancing out those two requests, understanding that, yes, like what's
    • 01:08:18
      there right now may not exactly match our 2050 vision of the area, but it does allow for that future development as well.
    • 01:08:33
      We have a couple of images if you want to forward through just to share.
    • 01:08:37
      Can I ask a question on the slide?
    • 01:08:38
      Oh, certainly.
    • SPEAKER_27
    • 01:08:39
      Is the red dashed line, sorry.
    • SPEAKER_22
    • 01:08:42
      That is the minimum setback.
    • SPEAKER_27
    • 01:08:44
      So that's... What is the VDOT line that you were talking about then?
    • SPEAKER_25
    • 01:08:51
      The dash?
    • SPEAKER_22
    • 01:08:52
      Yeah, so in this right-hand corner, see that whole area that's like hatched?
    • 01:08:57
      And that's the hydraulic?
    • 01:08:59
      Sorry, that's the- That's where a large traffic circle is planned.
    • SPEAKER_27
    • 01:09:04
      And Hillsdale and hydraulic?
    • 01:09:06
      Exactly.
    • 01:09:06
      And then what is proposed at 29, as far as you know, what's proposed at 29 hydraulic?
    • 01:09:13
      So-
    • SPEAKER_22
    • 01:09:14
      As far as I know, they're like minimizing the turns there and there could be potentially, I know there's a traffic circle here, but there may be like a future traffic circle on the other side as well.
    • 01:09:26
      So they're trying to get the turn movements off of 29.
    • 01:09:30
      So we have to kind of do that.
    • 01:09:33
      Okay.
    • Rory Stolzenberg
    • 01:09:33
      They're not taking more right away.
    • SPEAKER_27
    • 01:09:35
      That's why you don't feel as...
    • 01:09:38
      You're comfortable going, you know, really close to that edge of the property line, kind of right up against 29.
    • SPEAKER_22
    • 01:09:46
      Yeah, I mean, it is pulled back further than what the city code would currently even allow at this point, but we feel like it's far enough back that it accommodates any of the things that we've discussed with VDOT along the way.
    • 01:10:05
      Sure.
    • Rory Stolzenberg
    • 01:10:08
      Thank you.
    • 01:10:08
      And to Counselor, such a question, what you're asking for is an increase in the maximum setback, right?
    • 01:10:14
      Yes.
    • 01:10:14
      To be further from the street?
    • SPEAKER_22
    • 01:10:16
      Correct.
    • Lloyd Snook
    • 01:10:17
      Oh, okay.
    • Rory Stolzenberg
    • 01:10:20
      That puzzled me.
    • 01:10:21
      I'm sorry.
    • SPEAKER_22
    • 01:10:23
      Yes, definitely.
    • Rory Stolzenberg
    • 01:10:24
      I've got a question for you on this slide.
    • 01:10:26
      So in that...
    • 01:10:28
      Kind of bottom left corner by the drive-through.
    • 01:10:31
      Well, we just talked about the accessible path or any path really.
    • 01:10:36
      A condition we've added to drive-throughs in the past, certainly the Starbucks one up on 29 and the Chick-fil-A in Barracks Road is that you have a pedestrian entrance from the street.
    • 01:10:48
      Is that not there because it's infeasible because of the grade change from Hillsdale?
    • SPEAKER_22
    • 01:10:54
      or is it just not there because it's an early iteration of this plan or I'd have to we do have Scott Collins I think available virtually but you can see on there that there is a grade separation from the site and if you drive by it today like it is dropped down certainly from 29 like even you know as you get to that northwest corner it's the grade change is
    • 01:11:24
      considerable.
    • 01:11:25
      So if you look on the site plan, you'll see that there are retaining walls.
    • 01:11:31
      You can see those dark lines in the corners.
    • 01:11:34
      So as far as an accessible path directly from hydraulic, that might be a challenge.
    • 01:11:43
      It might make sense to create internal pathways to the site.
    • 01:11:52
      I don't know if Scott wants to address that, but that's just my initial take on it.
    • 01:11:56
      We do have great challenges where everything's dropped down and more internalized to the site.
    • 01:12:02
      So I think we want to certainly be tuned in to pedestrian needs and certainly that whole Hillsdale corridor I think is
    • 01:12:15
      really coming along and feels much more pedestrian friendly than you might feel maybe walking along Route 29.
    • 01:12:25
      And you can see where the site plan will have like this really nice outdoor space for that retailer along Route 29.
    • 01:12:34
      along Hillsdale.
    • 01:12:35
      So yeah, I can really imagine more pedestrians kind of entering the site from that site and filtering through.
    • 01:12:44
      So if we want to think about that a little bit more seriously, I could see that being maybe more logical than somebody just being on Route 29 with all the traffic and trying to make their way down the grade change.
    • 01:13:00
      But it's a great comment and consideration.
    • Lyle Solla-Yates
    • 01:13:03
      Do you have additional content or are we in questions?
    • SPEAKER_22
    • 01:13:06
      I just had the renderings of the drive-through if you wanted to kind of pan through those to give an idea of what the look is.
    • 01:13:16
      So yeah, so this is kind of if you were down in the site from that 29 side looking at the building and the drive-through.
    • 01:13:27
      You can go to next slide.
    • 01:13:31
      That's the drive-through itself.
    • 01:13:32
      So yeah, it's dropped down a little bit.
    • 01:13:35
      You'll have some landscaping buffering.
    • 01:13:37
      So it is kind of going to feel more internalized to make it feel more comfortable that you're not like on the speedway there.
    • 01:13:46
      Next slide.
    • 01:13:49
      Yeah, so that is kind of up from the corner and you can see there is a little hill going down to that area.
    • 01:13:57
      Next slide.
    • 01:14:00
      and yeah, so this is kind of the feel of like being inside the site and you can see they'll have like a nice outdoor seating area that's more protected from the roadways.
    • 01:14:14
      That might be the last slide.
    • 01:14:16
      Oh, there's two more, okay.
    • 01:14:18
      Yeah, so there's the entrance and then one more, I think.
    • 01:14:24
      Yeah, so that just kind of gives you an idea of the feel for that part of the site.
    • 01:14:29
      And, yeah, happy to answer any other questions about it.
    • Lyle Solla-Yates
    • 01:14:34
      Great.
    • 01:14:35
      Mr. Mitchell?
    • 01:14:36
      Questions for the applicants?
    • Hosea Mitchell
    • 01:14:40
      So I don't think I did a good job of asking my question about health farmers.
    • 01:14:50
      I think the northwestern side of 29.
    • 01:14:53
      You're aware of that work, right?
    • SPEAKER_22
    • 01:14:55
      So you mean separate from the VDOT work?
    • Hosea Mitchell
    • 01:14:58
      All I know is it's called the hydraulic 29 safety implementation program.
    • SPEAKER_22
    • 01:15:05
      Yeah, everything I've seen has been tied to the various VDOT applications.
    • Hosea Mitchell
    • 01:15:11
      The roundabout that's, you go 29, you go hydraulic across 29, and you go to the roundabout that's proposed at Douglas, which is where you're coming up from, the theater.
    • 01:15:23
      But are you aware of the work that they're doing at that intersection?
    • 01:15:26
      Because they're doing a lot of shape, the upgrades, again, on the other side, not on the other city except the other side.
    • 01:15:35
      doing some sort of elimination of left turns at some point there, too.
    • SPEAKER_22
    • 01:15:40
      Yeah, I have heard that.
    • Hosea Mitchell
    • 01:15:41
      Okay, so you're here.
    • 01:15:42
      Yes.
    • 01:15:44
      Will this in any way impact what they're attempting to do or what they're attempting to do in any way?
    • SPEAKER_22
    • 01:15:53
      No, not that I know of.
    • 01:15:55
      Yeah, we definitely have.
    • 01:15:58
      You know, this is, for us, has been a multi-year thing, and the ideas around those roadways has really evolved over that timeframe as well.
    • 01:16:06
      So we're definitely, you know, staying in touch and have vastly adapted our plans based on, you know, the information that we've learned along the way.
    • Lyle Solla-Yates
    • 01:16:16
      Mr. D'Oronzio.
    • Phil D'Oronzio
    • 01:16:23
      I've got no questions.
    • Lyle Solla-Yates
    • 01:16:24
      Mr. Rubuck.
    • SPEAKER_02
    • 01:16:30
      I guess I'll ask a quick question on the, I mean, I think it's like looking at the satellite image and looking at your plan, that sidewalk is definitely pulled back a little bit from the street, which is nice.
    • 01:16:40
      It's not a fun place to walk.
    • 01:16:43
      What is the potential for pulling it back enough to have trees planted between the sidewalk and the street?
    • 01:16:50
      Is that an option that we, is that something we can do?
    • 01:16:52
      Is that enough space there?
    • SPEAKER_22
    • 01:16:54
      We do have a landscape buffer proposed, so yes, there will be trees.
    • SPEAKER_02
    • 01:17:00
      between hydraulic and the sidewalk?
    • 01:17:03
      Yes.
    • 01:17:03
      Awesome.
    • 01:17:05
      That's my main question.
    • 01:17:07
      Thanks.
    • Lyle Solla-Yates
    • 01:17:09
      Ms.
    • 01:17:09
      Russell.
    • SPEAKER_26
    • 01:17:10
      I have no questions.
    • Lyle Solla-Yates
    • 01:17:12
      Mr. Schwartz.
    • Carl Schwarz
    • 01:17:15
      I have a question about that sidewalk as well.
    • 01:17:18
      Maybe beating Rory to this, I don't know.
    • 01:17:19
      I had the same question about the, it's a 10 foot wide sidewalk and I think in your site plan you've labeled it a sidewalk.
    • 01:17:27
      Is there any reason it can't be a multi-use trail?
    • 01:17:31
      as far as you guys are concerned.
    • 01:17:32
      I think staff said they were okay if it just needs to be designed to a certain way.
    • SPEAKER_22
    • 01:17:37
      I imagine we're open to that as long as it, you know, meets the specifications that the city needs.
    • Carl Schwarz
    • 01:17:42
      Okay.
    • SPEAKER_22
    • 01:17:43
      Yeah, that'd be great.
    • Rory Stolzenberg
    • 01:17:45
      Mr. Stolzenberg.
    • 01:17:45
      Is that a Shake Shack?
    • SPEAKER_22
    • 01:17:52
      No comment.
    • 01:17:53
      Um...
    • Rory Stolzenberg
    • 01:17:59
      God, I stole my shared use path question.
    • 01:18:03
      So, I guess I think we covered the path.
    • 01:18:08
      We'll just impose some conditions on you.
    • SPEAKER_06
    • 01:18:09
      Thanks.
    • SPEAKER_22
    • 01:18:12
      I knew you would.
    • Lyle Solla-Yates
    • 01:18:14
      Mr. Palmer.
    • 01:18:20
      Clear, thank you.
    • SPEAKER_22
    • 01:18:21
      Okay, thank you.
    • Lyle Solla-Yates
    • 01:18:23
      Mr. Pinkston, questions for the applicant?
    • 01:18:25
      Yes.
    • SPEAKER_06
    • 01:18:29
      Sorry, I was not clear.
    • 01:18:31
      Apologies, I was not clear.
    • 01:18:34
      Hello.
    • Brian Pinkston
    • 01:18:34
      Good to see you again.
    • 01:18:36
      You as well.
    • 01:18:38
      I forwarded it all to you, sir, the smart scale
    • 01:18:45
      images that we've got.
    • 01:18:47
      I can send them to you as well if you like.
    • 01:18:49
      But it does show some work in terms of sidewalks at that intersection that seem to fit with what we've got there.
    • 01:18:57
      And going north on 29th Avenue, there's going to be a pedestrian bridge across 29th.
    • 01:19:04
      So that'll be cool.
    • 01:19:07
      Yeah, so, and I'm sorry, I didn't look closely at this before, Katie, what is there now?
    • 01:19:13
      Is it empty now?
    • SPEAKER_22
    • 01:19:15
      It's vacant.
    • 01:19:16
      So it used to be, I think, the import auto store, and it was actually vandalized in a fire and had to be taken down for, you know, the building health, life, and safety.
    • 01:19:28
      So it's just a vacant parcel.
    • 01:19:30
      Okay.
    • Brian Pinkston
    • 01:19:31
      Okay, and when you're going west on hydraulic, that weird lane where you kind of go out and then back in, you know what I'm talking about, but there's a strange way, this is the entrance into Kmart, the old Kmart, there's like a bump out almost into hydraulic and then you have to go around it and then
    • 01:19:54
      back towards the north before you turn north on.
    • 01:19:57
      It looks like from your site map that you are cleaning that up.
    • 01:20:01
      Yes.
    • 01:20:02
      Okay.
    • 01:20:03
      And then this application is solely for that one corner of the property.
    • 01:20:08
      Is that correct?
    • SPEAKER_22
    • 01:20:09
      So it is a specific issue about?
    • Brian Pinkston
    • 01:20:14
      Sure.
    • SPEAKER_22
    • 01:20:14
      So we do have a site plan under review with the city for the entire site.
    • 01:20:20
      Because of the way the city code currently reads, as Ms.
    • 01:20:24
      Creasy indicated, like if you were
    • 01:20:26
      going to do a bank with a drive-through or if you're going to do a pharmacy with a drive-through, neither of those require a special use permit.
    • 01:20:34
      But for some reason, a restaurant with a drive-through in the city does require a special use permit.
    • 01:20:40
      So that is the primary component of this particular application.
    • Brian Pinkston
    • 01:20:46
      It's a use question from the fact itself that this is a restaurant with a
    • SPEAKER_22
    • 01:20:55
      A drive-through in the highway corridor.
    • Brian Pinkston
    • 01:20:58
      Got it.
    • 01:20:58
      And people would access this through some other way?
    • 01:21:01
      They would go in through the main entrance to the old Kmart side, or they'd go back around towards the giant and come back?
    • SPEAKER_22
    • 01:21:06
      Yes, so no direct access off of those main roads, which is, like I said, that's usually the primary concern.
    • 01:21:14
      We also did the Starbucks that's right there on 29 and Angus, and that had its own set of concerns, because it's a tiny site.
    • 01:21:25
      you know very popular drive-through so we had to wind all the cars around and back through so you wouldn't get that back up into the city right-of-way and cause a safety concern but we don't have any of those issues here I guess I apologize for having misunderstood the nature of your issue
    • Lloyd Snook
    • 01:21:52
      The one thing that I am just sort of building a little bit on something that Councilor Pinkston mentioned is I know that that is an area that is subject to a lot of planning, replanning, redrawing I can tell you at least three or four different sets of plans that I've seen recently
    • 01:22:13
      and I just think the farther away you can stay from any of that, the better off everybody is going to be.
    • 01:22:20
      I'll just leave it at that.
    • 01:22:22
      Thank you.
    • Juandiego Wade
    • 01:22:23
      Mr. Wade.
    • 01:22:25
      Just really kind of almost bring back memories from when I was doing planning for the county is that this whole area from
    • 01:22:34
      Hydraulic 250, the Hydraulic Hillsdale to the 29, this whole area, you know, how VDOT would deal with the traffic, the fact that part of it is the city, part of it is in the county.
    • 01:22:47
      There's just a lot of traffic that VDOT and the city is trying to deal with.
    • 01:22:53
      And, I mean, right now, you know, that peak out starts at like 3.30 and it's back there.
    • 01:22:59
      It's really...
    • 01:23:02
      It's really bad, but I say to say, I haven't been in Planner for a while, Hosea, but I know that they're in communication, not only at staff level, but at the MPO when they're talking about these big kind of regional projects, I know that they're looking at this, and they were talking about a roundabout at Hillsdale and hydraulics, it looks like it's finally coming to be, so no questions, just kind of
    • SPEAKER_22
    • 01:23:31
      A lot happening there.
    • Juandiego Wade
    • 01:23:32
      Yes.
    • SPEAKER_22
    • 01:23:33
      For sure.
    • 01:23:34
      Okay.
    • Lyle Solla-Yates
    • 01:23:35
      Thank you very much.
    • SPEAKER_22
    • 01:23:37
      Thank you.
    • Lyle Solla-Yates
    • 01:23:38
      At this time, I would like to hear from the public on this item.
    • SPEAKER_20
    • 01:23:41
      All right.
    • 01:23:42
      We do not have anybody in our physical audience, so we will turn to our virtual audience.
    • 01:23:49
      And those in our virtual audience, if you're interested in speaking on this issue, please raise your hand.
    • 01:24:00
      All right, Chair, we don't have any speakers at this time.
    • Lyle Solla-Yates
    • 01:24:04
      Thank you.
    • 01:24:05
      I would like to discuss this item.
    • 01:24:09
      How are we feeling?
    • 01:24:11
      Comments?
    • Rory Stolzenberg
    • 01:24:11
      I would also entertain a motion.
    • 01:24:17
      Well, so I guess on the general thought of drive-thrus,
    • 01:24:25
      not super pro drive-through i know we've previously you know had councils who are kind of on the verge of denying almost every drive-through just because it was drive-through i think i'd echo what i said about the car wash which is that like i don't feel that it's good zoning practice to prohibit something that we allow in the zoning ordinance by special use permit if it's in an appropriate location and i can't think of a location i mean this is a
    • 01:24:53
      This is a pretty auto-oriented location, and I think the adverse impacts are largely mitigated and could be mitigated more of conditions.
    • 01:25:02
      And so I think I would reluctantly approve the drive-through for that reason.
    • 01:25:06
      That said, council, of course, denied the car wash yesterday, so we're going to do whatever.
    • 01:25:09
      But...
    • 01:25:12
      I would like to propose two conditions.
    • 01:25:17
      One, about pedestrian access, and we've kind of done this for the last two drive-throughs.
    • 01:25:23
      For Starbucks, we said the handicap access lane, again, it's in the site plan, which I don't know, the extended so that it connected with the sidewalk on Angus, basically, so you could get to it.
    • 01:25:35
      And then for the Chick-fil-A, we had a slightly vaguer
    • 01:25:41
      Routes, Michael Kochis, Michael Kochis, Michael Kochis, Michael Kochis, Michael Kochis, Michael Kochis, Michael Kochis, Michael Kochis,
    • 01:26:00
      One of them, the actual hydraulic 29 intersection one, is going to be adding an at-grade crossing, like a crosswalk, across 29 actually, in addition to that bridge that's going up.
    • 01:26:15
      So I would very much like there to be some kind of pedestrian access to this from that corner.
    • 01:26:23
      I recognize that it might not be feasible to make it accessible, which is unfortunate.
    • 01:26:30
      but you know even if it were stairs I think that's better than nothing so I would say basically that condition with from Chick-fil-a from that corner a pedestrian route from the corner as accessible as possible I do also wonder if we want to consider whether you know looking at that big site plan also is there any way we can get that back up
    • 01:26:55
      you know right now you have to go basically along where the Gold's Gym was along the Kmart and then duck down to get it there and then it seems like there could be at least one more pedestrian path.
    • 01:27:07
      I don't know if we want to codify that in a condition.
    • 01:27:11
      The other big thing I would say in relation to drive-throughs generally is that I think you know recently in the city we've seen some kind of
    • 01:27:25
      drive-throughs have kind of run amok and are like causing problems where they have even some of them have existed where they've been for a decade or more and are all of a sudden post-pandemic causing all these problems right and you know it seems to me Keynes of course would be obviously the
    • 01:27:41
      the example it seems to me that this probably because of the pandemic to an extent and then because of staffing issues the problem becomes when it's a drive-through only restaurant because they've closed the inside because of
    • 01:27:56
      you know lack of staff or they don't want people inside whatever whereas historically and you know it's kind of discussed sort of almost implied in the code you expect a drive-thru restaurant to be a restaurant that also has a drive-thru option and so I'd like to propose a condition that you know whenever the drive-thru is open
    • 01:28:15
      that there be a way to serve customers who have walked up.
    • 01:28:22
      And whether that's a drive-through window or keeping the inside open, I don't think that it can be either.
    • 01:28:30
      Cars lined up in a drive-through end up spilling out and can spill out for an incredible distance, as we've seen.
    • 01:28:38
      Even though there's a lot of interior circulation in the slot, it could very conceivably have effects on the roads outside.
    • 01:28:47
      Whereas if you can just park, use that 400 parking spaces provided on the site plan, people can line up like people and take a lot less space.
    • 01:28:56
      And so I'd like to propose a condition
    • 01:28:59
      I'll take some more concise wording along those lines if that makes sense to you guys.
    • SPEAKER_06
    • 01:29:04
      Do I hear a motion?
    • Rory Stolzenberg
    • 01:29:06
      Gosh, everyone else want those conditions?
    • Carl Schwarz
    • 01:29:13
      So just some commentary to throw out to think about.
    • 01:29:18
      It seems like across the street the county works pretty hard on Stonefield to try and make a corner and make an architectural
    • 01:29:26
      Semi-urban wall there.
    • 01:29:29
      I understand the reasons for the increased setbacks, but it does seem like both of these buildings that are along 29 are going to be drive-through buildings with either a drive-through or parking between the building and 29.
    • 01:29:48
      I'm wavering on whether that's important or not, but it seems like something we should at least consider and think about.
    • 01:29:53
      If the county put all this effort into trying to create a more urban form there, we're destroying that by allowing this.
    • 01:30:06
      And is that important or not?
    • Phil D'Oronzio
    • 01:30:11
      To speak to the specifics of this site, I mean, even with the renderings, and I spent a little bit of time at this corner years ago, it's really below grade.
    • 01:30:25
      So, I mean, what they're talking about building there, the visibility from 2009 is going to be
    • 01:30:33
      I guess their hope is that you're going to see the logo and the sign at more or less sidewalk level.
    • 01:30:40
      Maybe I'm arguing with the example a little bit, but I think in this case, what you're going to have is essentially
    • 01:30:51
      a berm with the top of the building over.
    • Carl Schwarz
    • 01:30:53
      And is that okay?
    • 01:30:55
      I mean, I recognize that.
    • 01:30:56
      I am wondering, is that?
    • Phil D'Oronzio
    • 01:30:58
      Yeah.
    • 01:30:58
      Well, I guess the counter question is, is that anything that you build there, unless you're going to start filling these, you know, I mean,
    • 01:31:06
      I'm kind of at a loss.
    • 01:31:07
      The Planning Commission would really like the building to be boldly visible in every direction.
    • 01:31:15
      I'm trying to think about what the alternative is.
    • 01:31:19
      I might be arguing, your point is well taken, but in this case,
    • 01:31:23
      I mean, we're sort of looking at a berm in a semi-submerged building.
    • Rory Stolzenberg
    • 01:31:27
      I mean, I think it's, to Carl's point, it's certainly true that this is not, you know, in compliance, in conformance with the spirit of the Hydraulic 29 plan, which contemplated this becoming, you know, an urban center.
    • 01:31:42
      That said, you know, VDOT wants and needs this to be right next to a highway that moves as much interstate traffic as possible The rest of the shopping center is sadly being developed by Wright into the same thing it always was Even though, again, highway allows infinite density by Wright at the moment But that was apparently not enough to...
    • 01:32:10
      get them out of their lease situation.
    • 01:32:13
      But yeah, I mean, it doesn't conform with our lofty ideals for the site.
    • 01:32:20
      And the question is, I guess, is that enough reason to just deny it?
    • Carl Schwarz
    • 01:32:25
      Or I'm wondering if maybe a condition that there shouldn't be parking between a building and its property line.
    • 01:32:33
      For example, the bank on the north side.
    • 01:32:35
      But again, it's a drive-through.
    • 01:32:36
      You have to drive around the whole bank to make it work.
    • 01:32:38
      So it would be a big pain for them.
    • 01:32:41
      But I am wondering about the one that's on the corner with India Road and 29.
    • 01:32:45
      Does that need to be closer to India Road?
    • 01:32:48
      Kind of just, again, throwing that out there for discussion.
    • 01:32:53
      Making our meeting longer, I apologize.
    • Lyle Solla-Yates
    • 01:32:56
      I'm not concerned about time.
    • 01:32:57
      I would like us to make the right decision.
    • 01:33:01
      Thoughts on this issue?
    • 01:33:02
      I would also entertain a motion.
    • Rory Stolzenberg
    • 01:33:06
      So what you're proposing is we not give them so much of a
    • Carl Schwarz
    • 01:33:14
      I would give them the setback they're asking for, but, I mean, a condition potentially could be that you can't have parking between the building and the property line.
    • Rory Stolzenberg
    • 01:33:25
      But that, again, I... Should we specifically say, like, that India Road property line?
    • 01:33:29
      Could, if it... Is that, I mean, that's the one along here that I guess isn't a highway.
    • Carl Schwarz
    • 01:33:34
      Yeah.
    • 01:33:37
      I mean, if other people think that's of value, yeah, I mean, I think that could be a potential condition.
    • SPEAKER_25
    • 01:33:42
      Are you talking about all of India Road or just the 29 portion?
    • Carl Schwarz
    • 01:33:48
      Well, the only place where there would be parking between a building and India Road, I guess, would be the bank on the northwest corner, proposed bank, building number two.
    • Rory Stolzenberg
    • 01:33:58
      And for staff, is this in scope?
    • 01:34:01
      Because even though it's a drive-through SUP, that we're also talking about the setbacks.
    • 01:34:05
      So is that allowed as a condition if we start talking about the bank's location?
    • SPEAKER_20
    • 01:34:12
      It sounds like we're very slippery because we're focused on the SUP for the drive-through and conditions that can mitigate concerns with that specifically.
    • Rory Stolzenberg
    • 01:34:28
      Well, but they're also asking for a setback waiver for there.
    • SPEAKER_20
    • 01:34:33
      For the larger site.
    • Rory Stolzenberg
    • 01:34:35
      Can you have conditions related to that or do you just deny that?
    • 01:34:38
      Or how does that work?
    • SPEAKER_20
    • 01:34:43
      Sounds like it would be very complicated from a language standpoint.
    • Carl Schwarz
    • 01:34:49
      Maybe it would be good to say, is anybody else concerned with this?
    • SPEAKER_25
    • 01:34:52
      What is it accomplishing?
    • Carl Schwarz
    • 01:34:55
      Well, I don't know what the plan is north of India Road as far as, you know, I don't know where the small area plan starts and stops, but if there was an intent to make India Road more urban at some point in the future Yeah, this is right smack in the middle of all of it, it goes all around Then I think the point would be to make it conform more closely with the small area plan
    • SPEAKER_02
    • 01:35:22
      I think Carl's point makes sense.
    • SPEAKER_06
    • 01:35:24
      Mr. O'Connell is approaching, please.
    • 01:35:26
      Some clarity.
    • SPEAKER_13
    • 01:35:27
      On the question of which properties are subject to this, that was the first question when this came in.
    • 01:35:34
      The request is for the drive through on 901 Seminole Trail which is the small pentagonal parcel in the bottom left corner of the viewing but the request included setback modifications for initially for the bank building and the drive through and then it was later expanded to all the properties but it applies to both parcels and our code does not specify that an SUV request has to be limited to one parcel so the determination was made that because they are part of a single common plan in development
    • 01:36:05
      they are both applied for this.
    • 01:36:07
      And then we address that by limiting the drive-through condition just to that one area of that one parcel.
    • 01:36:15
      As for the applicability of the setbacks, this was another very long and interesting conversation I had with the zoning administrator.
    • 01:36:25
      Interpretations of what a yard is aside, basically just one side of a building
    • 01:36:33
      its frontage has to be within this Build 2 area, and that is its front, regardless of what it's facing, which doesn't matter according to our code.
    • 01:36:42
      But in highway corridor zoning, there are no rear or side setbacks.
    • 01:36:50
      So as long as one side of that building, which we are calling the front, is in that area, the setbacks do not matter.
    • 01:36:58
      So for the bank building, its frontage is on 29 Seminole.
    • 01:37:04
      It's within that 75-foot area.
    • 01:37:07
      Therefore, its setback off of India Road doesn't really matter.
    • 01:37:11
      And initially, that was not included in the request.
    • 01:37:14
      We just put that in there just to make sure the bases are covered for any future developments.
    • SPEAKER_20
    • 01:37:21
      And one thing also to keep in mind is the small area plan is likely to move forward in an incremental fashion.
    • 01:37:29
      There are some very ambitious goals as part of that, and what's being brought forth at this point doesn't prohibit any sort of change that would occur down the road.
    • 01:37:43
      so right now we have nothing going on in that area and you know this is the potential for some activity to begin to occur in that area so just some things to think about as you're as you're mulling this over so Denon though to your point of only one side of the building has to hit the maximum setback
    • Rory Stolzenberg
    • 01:38:07
      The drive-through building hits the new maximum setback on both sides.
    • SPEAKER_13
    • 01:38:11
      Yes.
    • Rory Stolzenberg
    • 01:38:11
      So if Carl really wanted the bank to have a sort of urban frontage on India, as in be closer to it, we could remove the maximum setback off India and the maximum setback off Seminole Trail, and that wouldn't affect the drive-through, which is already meeting our hydraulic condition.
    • 01:38:36
      and it would just force the bank to move up.
    • Lyle Solla-Yates
    • 01:38:40
      Removing the maximum setback?
    • Rory Stolzenberg
    • 01:38:44
      The change to the maximum setback.
    • 01:38:49
      the condition number four and two.
    • SPEAKER_20
    • 01:38:50
      So you want this for it closer to the road?
    • Rory Stolzenberg
    • 01:38:54
      That's my understanding of what Carl's talking about.
    • 01:38:58
      Should we maybe ask the applicant what she thinks about it?
    • 01:39:02
      Making that a more urban bank?
    • 01:39:04
      I would be open to hearing from the applicant on this topic briefly.
    • 01:39:06
      Sorry, Ashley.
    • SPEAKER_22
    • 01:39:09
      I know you guys thought you were going to get out of here too early, right?
    • Rory Stolzenberg
    • 01:39:12
      No, we still got entrance corridor for this whole thing, too.
    • SPEAKER_22
    • 01:39:14
      You do have entrance corridor.
    • 01:39:16
      So I think of all the buildings on the site, the bank building is the one that's most buried from 29.
    • 01:39:26
      So that is really like, I mean, that's maybe like 20 feet down from the right-of-way.
    • 01:39:33
      So it's least likely to create any sort of
    • 01:39:37
      frontage along 29.
    • 01:39:40
      The way we have it set up right now doesn't prohibit it from potentially pulling a little bit closer to that India Road frontage, but I think what we appreciate in this moment is the allowance for some flexibility, just because there are so many moving parts
    • 01:40:03
      in this area we have really tried to get this project off the ground for the past six years you know if we had nailed it two years ago the city would be getting three million dollars a year from this property and it didn't happen and now we're kind of back at the starting gates again and we really want to do something here it's an eyesore it's been vacant
    • 01:40:25
      and it's a problem for the community.
    • 01:40:27
      So I really, you know, appreciate you guys giving us some flexibility so we can take action on this property.
    • Lyle Solla-Yates
    • 01:40:33
      Thank you.
    • 01:40:35
      I would entertain a motion at this time.
    • Hosea Mitchell
    • 01:40:37
      So it seems to me that a lot of the work that we're doing now is more... Microphone, please.
    • 01:40:47
      Microphone.
    • 01:40:47
      Oh, sorry.
    • 01:40:49
      So it seems to me that a lot of the work that we're doing now would be better suited for the ECRB.
    • 01:40:53
      So I'd like to make a motion.
    • 01:40:54
      and my motion will be in support of the application with the recommendations by staff.
    • 01:40:59
      So I move to approve SP22-00006 to permit a drive-thru restaurant with the conditions
    • Lyle Solla-Yates
    • 01:41:17
      Do I hear a second?
    • 01:41:17
      Yes.
    • 01:41:19
      I heard a second from Mr. D'Oronzio.
    • 01:41:22
      Discussion of this item?
    • SPEAKER_02
    • 01:41:24
      I'd like to include the med meds, Rory, I guess I'll let you suggest them, the shared use sidewalk and potentially a connection to the sidewalk at the corner by the
    • 01:41:36
      drive-thru restaurant?
    • Hosea Mitchell
    • 01:41:37
      Before I accept that amendment, please help me appreciate why that is of value, especially in this very automobile-oriented part of town.
    • Rory Stolzenberg
    • 01:41:48
      So the shared use path, I think, was probably not going to be a condition.
    • 01:41:54
      They can figure that out with the traffic engineer or whatever.
    • 01:41:56
      I mean, I don't think they care if it's asphalt or concrete.
    • 01:41:59
      The two suggestions I have, one is a pedestrian connection to that crosswalk at hydraulic.
    • 01:42:09
      I mean yes it's a auto oriented part of town but we're trying to make it possible at all to walk around there and I've walked up to actually that Starbucks up at Angus and while I sort of felt like I was gonna get run over in the drive-through by angry Starbucks people in their SUVs like having that way to get from the sidewalk to the front door
    • 01:42:32
      like made it a lot more comfortable to walk in.
    • 01:42:35
      It seems like it's a pretty simple thing to add.
    • 01:42:39
      We've done it to both of our previous drive-thru SEPs just to like have a way to walk in rather than forcing you to drive.
    • 01:42:53
      The other is the condition that service be available via
    • 01:43:02
      via the dining room or a walk-up window whenever the drive-through is in operation.
    • 01:43:08
      And that's to prevent the drive-through-only restaurants that we've seen pop up in the pandemic kind of de facto that cause these huge backups that we see on canes spilling out of the driveway all the way up 29 to the trolley.
    • 01:43:26
      it's just been a mess and you know at the same time it's it's the traffic impact and it's this idea of like we want it to be slowly transitioning from this totally auto-centric thing to you know a pedestrian and human-centered place and the fact that you have to you know jump in your car to go through the drive-through to get your Shake Shack Shake rather than having any way to walk up at all
    • 01:43:53
      I mean, it's the same thing kind of down here at this McDonald's now, right?
    • 01:43:57
      They closed their dining room at 8 o'clock.
    • 01:43:58
      I've literally had to get in my car, which is parked across the street from the McDonald's, and drive through the drive-through.
    • 01:44:05
      it's I think more than anything that's the opposite of what we want from allowing like that's why we drive-throughs are subject to SUPs because we think that generally they promote auto-centric stuff and can have traffic impacts and those that I think completely mitigates that problem just that there's some way to get your on foot so this is a just so we can focus this can we pare this down to what you're actually saying
    • Phil D'Oronzio
    • 01:44:35
      in terms of an amendment to this thing.
    • Lyle Solla-Yates
    • 01:44:36
      I have written some language down, if you'd like to hear it.
    • 01:44:43
      Sure, yeah, hit me.
    • 01:44:45
      Pedestrian connection to crosswalk at hydraulic.
    • Rory Stolzenberg
    • 01:44:48
      Yep, and accessible as possible is the language we had from Chick-fil-A that I'd like to add into there.
    • 01:44:54
      Accessible as possible.
    • 01:44:55
      I'm not super hopeful of a great change, but see what we can do.
    • 01:44:59
      Scott can work his magic.
    • Lyle Solla-Yates
    • 01:45:00
      Second is service will be available via dining room or walk-up window whenever the drive-thru window is open.
    • 01:45:06
      Perfect.
    • 01:45:08
      Missy, is that clear?
    • Hosea Mitchell
    • 01:45:10
      I frankly don't see a great amount of value in either of those two editions, but...
    • 01:45:16
      In order to not let the perfect obediently good, I'll accept those amendments.
    • Phil D'Oronzio
    • 01:45:21
      I'll amend my second to accept those as well.
    • Lyle Solla-Yates
    • 01:45:24
      So amended second.
    • 01:45:26
      Any additional discussion on this item?
    • 01:45:28
      Counsel, you are also welcome to ask questions or share concerns at this time.
    • 01:45:38
      Mr. Creasy, would you please call the roll?
    • SPEAKER_20
    • 01:45:40
      Sure.
    • 01:45:40
      Mr. Schwartz?
    • Lyle Solla-Yates
    • 01:45:42
      Yes.
    • SPEAKER_20
    • 01:45:43
      Mr. D'Oronzio, Aye Mr. Stolzenberg, Aye Mr. Habev, Aye Mr. Mitchell, Yes Mr. Estill, Yes and Mr. Solla-Yates, Aye I would like to close this public hearing thank you all and how are we feeling do we need a short break let's do a hot five
    • Lyle Solla-Yates
    • 01:46:06
      I think we can leave, is that right?
    • 01:46:09
      You are permitted to leave, but you are welcome to stay.
    • 01:46:12
      We're going to have a wonderful time.
    • 01:46:13
      Thank you so much.
    • 01:46:13
      I appreciate it.
    • 01:46:13
      Lastly, two hours of staff presentations.
    • Brian Pinkston
    • 01:46:16
      Fantastic.
    • Lyle Solla-Yates
    • 01:54:10
      I'd like us to form up if we can.
    • SPEAKER_14
    • 01:54:11
      Pulling us back, pulling us back.
    • 01:54:13
      I don't know if it depends how many wells, it could be up to 100, 800 foot.
    • 01:54:17
      Short three commissioners.
    • 01:54:35
      Calling all commissioners, please come back.
    • 01:54:41
      Calling all commissioners, please come back.
    • Lyle Solla-Yates
    • 01:55:03
      Thank you very much.
    • 01:55:04
      I see us all mostly back together.
    • 01:55:07
      Outstanding.
    • SPEAKER_14
    • 01:55:08
      I would like to hear about a multimodal transportation thing.
    • 01:55:13
      Sure.
    • SPEAKER_01
    • 01:55:32
      Patrick, did you get the slides up there?
    • 01:55:35
      Hello, Planning Commission.
    • 01:55:36
      I guess the councilors are gone, but hello, Planning Commission.
    • 01:55:41
      I'm Jack Dawson, I'm the city engineer and I'll be talking tonight about the multi-modal transportation prioritization process which I'll be referring to as the system for this presentation this presentation I'm going to discuss a little bit about the history of the transportation planning process here in Charlottesville
    • 01:56:02
      and sort of CIP development or the lack thereof transportation planning process.
    • 01:56:06
      And so this is this is not a perfect system here.
    • 01:56:11
      It is certainly going to be a tool that helps while we develop a more perfect process with hopefully this tool being part of that.
    • 01:56:20
      So next slide.
    • 01:56:24
      and then James is here.
    • 01:56:26
      We're presenting together.
    • 01:56:27
      I'll be doing the presentation, which means he'll be answering your questions.
    • 01:56:33
      So this is the history.
    • 01:56:34
      In the old NDS, which was, let's say, 2020.
    • 01:56:38
      Now, when did we get split up?
    • 01:56:40
      I don't know.
    • 01:56:41
      But prior to 2020,
    • 01:56:44
      We were part of NDS, we being Public Works Engineering.
    • 01:56:48
      And when we would conceptualize CIP projects to advance or from the CIP projects, how to go and get grants for those or what pipeline, the timelines of getting grant funding and matching that with your project, the folks that give us grants was primarily the state.
    • 01:57:06
      Sometimes they move those timelines around, sometimes a little advance them, sometimes delay them.
    • 01:57:11
      and balancing all that is complex as well as taking the other project the other problem that I saw was taking all our aspirational lists of priorities and turning that into something that's not a list of 400 priorities but here's a good place to start and so in December of 2020
    • 01:57:31
      again this was at that point in time none of my superiors and the entire chain of command are no longer here at the city so lots has changed and so I sit in my office saying we got to do something here and somebody pointed out I think was the first year that the Office of Intermittal Planning something which is not part of VDOT but is a state
    • 01:57:55
      agency put this GAP grant out, which is the growth and accessibility planning grants.
    • 01:58:03
      And investment.
    • 01:58:05
      And investment.
    • 01:58:05
      There you go.
    • 01:58:07
      There it is right there.
    • 01:58:09
      And so I applied for that.
    • 01:58:11
      That was my first grant application.
    • 01:58:13
      It read a lot more like an engineer describing a pipe dream than a grant application.
    • 01:58:18
      and so we applied for that under item three which was the development accessibility planning process you can see a little bit of the statement of need there it got more technical than that as I wrote it so we did not receive funding on that one next slide please Patrick and then so we Jeanette who is our most senior project manager and has made many many grant applications helped me with that and we tweaked it and we were awarded that grant in early 2022 next slide please
    • 01:58:48
      So the statement that we put together and we actually worked with OIPI and their
    • 01:58:56
      they sort of shepherded us between them and their team of consultants.
    • 01:58:59
      They do this with a lot of localities and there's a whole army of consultants out there supporting this process.
    • 01:59:04
      And we work together to come up with sort of the statement of needs and that supports the CIP program and grant eligible transportation project selection, access and operationalized performance measures and associated thresholds, create a process for the city that could be utilized on an ongoing basis, which is an important one, and create a guiding document specifying the step-by-step process for evaluating non-motorized projects.
    • 01:59:25
      So if you're familiar, the county is doing one of these right now as well.
    • 01:59:31
      Theirs is very similar.
    • 01:59:32
      There's sort of a format that these folks like to generate, which is essentially sort of build a bike and pedmaster plan, if you would.
    • 01:59:40
      We already have one.
    • 01:59:41
      So what I attempted to do was to, in the grant, say we have a bike and pedmaster plan.
    • 01:59:48
      we have a streets that work plan we have all these plans if we could combine them into one system so that me as an engineer could say hey if I wanted to do this intersection I draw a circle around it and it said we'd assume we'd fix all of the things that are called for in this in this corridor
    • 02:00:03
      Let's compare it to this intersection and see if you take the bike scores.
    • 02:00:07
      That was the idea.
    • 02:00:09
      I'm not totally sure what we're going to get, but that is not exactly what we're going to get.
    • 02:00:13
      So next slide.
    • 02:00:15
      That being said, I think it will certainly help where we're trying to go.
    • 02:00:20
      Again, some of the measures that we have are the bike and pet master plans, trees at work, the literature review best practices, which is where all these consultant transportation planners come in with all this new whiz-bang data that they have and then other available data.
    • Lyle Solla-Yates
    • 02:00:34
      May I ask a question on this side?
    • 02:00:35
      Yes, sir.
    • 02:00:36
      How does Safe Routes to School fit in here?
    • 02:00:38
      Very topical.
    • SPEAKER_01
    • 02:00:40
      It fits in there through multiple ways because that is captured in some of the
    • 02:00:50
      it's complicated so what they actually did was they took our rubric for Streets That Work and bike and pet and sort of reran it to a certain degree we haven't actually seen the final product we're getting that soon and so when we get the final product we're going to do sort of shake down and see how adjusting some of the parameters affects that scoring and those rubrics
    • 02:01:09
      it's pretty complicated and I'll get to some of that a little bit later so we've been trying to incorporate everything and if the idea is if we haven't there's no reason why we can't add it in at some point a lot and it gets very complicated because the safe routes of school a lot of that stuff overlaps with our other priorities and when you start combining these things that's where you get into these some of these issues where am I double scoring this
    • 02:01:33
      Other issues are, you know, the way that the transportation planners want to attack us is evaluate slope of a road and invalidate, like, the steeper it is, the less eligible it is for a sidewalk.
    • 02:01:44
      But by the very nature of how people build things, you kind of avoid putting sidewalks on steep roads anyway.
    • 02:01:49
      So it's very likely you have a complete network here and there and you have a steep, you know, and we need to connect that.
    • 02:01:54
      So we need to make sure that we're looking at these things both practically and to actually achieve the goals that we want to achieve.
    • 02:02:00
      Next slide.
    • 02:02:03
      so this is some of this process for measuring and weighting we're gonna some of these blue headers are mixed there but you can see like a level of traffic stress that comes from streets of work classification and traffic congestion comes from VTrans that's VDOT's planning module that informs a lot of the scoring of grants so we use that a lot when we're preparing grants and then VDOT obviously has a pretty big library of that that's available
    • 02:02:29
      some crash data that comes out of there.
    • 02:02:31
      Again, area corridor suitability is the walk-bike score from V-Trans and activity centers.
    • 02:02:36
      All that's incorporated and overlayed into what we already have.
    • 02:02:39
      And equity is built in to some degree.
    • 02:02:43
      We'd like to make sure that there's appropriate buy-in on that.
    • 02:02:47
      Again, White Buck under connectivity, you've got the network connectivity ranking, access to public bike racks, all these things that are built in, access to UVA campus.
    • 02:02:57
      So next slide, please.
    • 02:02:59
      So this is what the general system would look like.
    • 02:03:03
      So one thing that goes in at the very beginning is readiness.
    • 02:03:05
      That's the repaving schedule.
    • 02:03:07
      That would also include things like are we building a major water line down West Main or is Rivanna doing this and how that affects the
    • 02:03:17
      readiness or sequencing of the projects.
    • 02:03:20
      Suitability, again, that's walk, bike scores, schools and transit slopes.
    • 02:03:24
      Connectivity is a segment length, and I believe that slope under there, but that's some of the physical parameters.
    • 02:03:30
      Safety, again, that's crash density.
    • 02:03:33
      Demand is street light and loads.
    • 02:03:35
      I'm not sure if any of you are familiar with that, but those are pretty snazzy programs for capturing data about where people are going from one place to another.
    • 02:03:44
      and then the community needs so we had equity at the end I know when we went over this with our consultants and OIPI OIPI thought that equity should be built at the beginning I'm an engineer so someone needs to like draw a map of equity scores you know and then we can do that there is some census tract data but that's too too coarse for us to use in Charlottesville we need fine-grained data and so there's going to need to be some working progress on the best way we address that
    • 02:04:13
      what again what there's always way this is just a tool that's part of the system so ways to adapt this and improve it as we learn how to use it next slide please
    • 02:04:25
      so again this is some measures how they're broken down you can see the updates that's one interesting column here some of those that would be rarely are like school proximity so that would be you know we build a new school it would affect that score other than that the scores stay the same whereas some of the what says quarterly is the walk bike score again that's
    • 02:04:46
      a lot of technical data but that's some of the things coming from loads or the V-Trans actually transit proximity segment slope again you can see never there because a segment from one place to another remains the same things like that next slide please
    • 02:05:06
      Okay, here's some more measures.
    • 02:05:08
      Again, network connectivity.
    • 02:05:10
      You can see there's how much does the proposed segment improve the quality of the walking or biking network in Charlottesville.
    • 02:05:15
      And so again, you could use your imagination to see how a lot of these data points are gonna overlap and complicate the rankings.
    • 02:05:25
      Yeah, so you can see they put in for equity emphasis in neighborhoods.
    • 02:05:28
      Consider balancing infrastructure investments between 19 neighborhoods.
    • 02:05:31
      So that's essentially instead of using the census tract.
    • 02:05:34
      Next slide, please.
    • 02:05:38
      So this is an example of some of the data that went in.
    • 02:05:42
      So this is the walk-bike score from VTRANS.
    • 02:05:46
      You can see on the left that little map is the draft walk prioritizations.
    • 02:05:50
      And so they got that out of the VTRANS walk score.
    • 02:05:53
      And some of that goes slope, schools, accessibility, et cetera.
    • 02:05:57
      So again, you gotta consider some of that data, like slope is going into the walk-bike score.
    • 02:06:01
      We might use it again when we're evaluating the challenge of this sidewalk, et cetera.
    • 02:06:06
      but you can see on the left some of those are it's really hard to see with that color but some of those are the various priorities for the walk score and on the right is the bike score these are all inputs and we did give the consultants thankfully we have a pretty good rigorous GIS system here for that was I think prepared with the bike and pen master plan that has center lines for all of our existing sidewalks and all these things that made it pretty easy to pass this off to them and have them compile that next slide please
    • 02:06:35
      so this is where we're at this is from last month so we will be getting a deliverable soon and we'll be testing that I think we have a meeting two weeks with the consultants so we should be getting sort of a spread of we ran different models here's how we adjust the scores what do you think next slide please
    • 02:06:57
      So, yeah, next steps will be verifying the scores and ranks.
    • 02:06:59
      They'll be working with the consultant to see how changing the rubric of the weighting and stuff changes the rankings.
    • 02:07:07
      And we'll be as transparent with how we come about that and options for developing in the future.
    • 02:07:12
      Developing the GIS online web map that shows some of these outputs.
    • 02:07:18
      And then November meeting materials, which is what we're doing right here.
    • 02:07:20
      So I've recycled some slides, obviously.
    • 02:07:23
      Next slide, please.
    • 02:07:25
      So this is one example for all of you here in the room if you see a sidewalk on there or road and you say why is that in 10% this is just a draft example but you can and again the colors here aren't great and I apologize for that but you can see on the left is the bike priorities from the 2015 bike pedmaster plan and on the right is sort of the draft after this was submerged with all the other data and so you can see sort of in the just north of
    • 02:07:54
      East High, there's a chunk of red on the left map that's the priorities one through 20.
    • 02:08:00
      You can see all that stuff is purple which is the top five percent on the right but there's some other red ones that sort of drop out like the western edge of I guess that's Harris that was red and goes all the way down to yellow and things like that so there is a change from our existing priorities.
    • 02:08:15
      I guess one thing I wanted to emphasize is that when I conceived this project initially or the grant application not knowing what it's going to turn into one thing I wanted to be able to say is that we tried to incorporate as much public input as possible the way that we did that was by incorporating the streets at work and bike and pen master plan since they've had so much public input we don't want to reinvent that again we're obviously here to serve the community and interested in all opinions on that but we want to start with something that's already been somewhat community vetted
    • 02:08:42
      Next slide, please.
    • 02:08:43
      Yes, sir.
    • Rory Stolzenberg
    • 02:08:44
      On the left, or for the 2015, is that the ranking, so red is the top priority?
    • SPEAKER_01
    • 02:08:49
      Yeah, so they flipped it a little bit.
    • 02:08:51
      Yeah, red's 1 through 20 priorities on the left, and red is 0 to
    • 02:08:57
      I can't see that, but it's the lower priority, so purple is higher.
    • Rory Stolzenberg
    • 02:09:00
      I was like, see what this is telling us the opposite stuff now.
    • 02:09:04
      That makes a lot more sense.
    • SPEAKER_01
    • 02:09:05
      Yes, I apologize for that.
    • 02:09:06
      Again, I wouldn't focus too much on this.
    • 02:09:08
      Please don't dig into this slide tonight and send me four emails tomorrow about why is this sidewalk.
    • Rory Stolzenberg
    • 02:09:14
      Wish you said that yesterday.
    • SPEAKER_01
    • 02:09:18
      So do I.
    • 02:09:21
      No, so how are we gonna use this in the future?
    • 02:09:23
      So we're developing a transportation prior resolution process.
    • 02:09:28
      NDS, as James said recently, onboarded transportation planner and we hope to continue to augment staff accordingly.
    • 02:09:34
      I believe we're bringing back the bike and ped coordinator to sort of do some of those duties and free up the transportation planner to be an actual transportation planner to serve our ends here.
    • 02:09:44
      Next slide, please.
    • 02:09:48
      and then so this is something of a pipe dream we hope to incorporate our we hope to have a five-year transportation prioritization or CIP list and we hope to incorporate that in a pending more robust CIP development process which we've been hearing some things about and hopefully we'll be engaging in soon
    • 02:10:08
      So the first step in this very, very general future process, and James and I, and utilities, and we've all been talking about the best way to do this, would be the first step is to have NDS and Public Works Engineering and City Manager's Office collaborate on developing an initial five-year transportation CIP outlook.
    • 02:10:26
      just here's where we're starting from and then once that's established the transportation planner would coordinate with the MPO and the TGPDC in Albemarle County and monitor continually monitor the impacts to development proximate to the city and how that impacts all these things project managers and the transportation planner would coordinate the VDOT and they look that's both the local assistance program who gives us the funds to make sure we're doing a good job and planning who's doing things like 29
    • 02:10:53
      hydraulic and make sure we're inputting all that information to our system.
    • 02:10:57
      And then the transportation planner would work with, and it says transportation planner.
    • 02:11:01
      If Ben is watching, please don't quit.
    • 02:11:04
      We'll figure this out.
    • 02:11:05
      But transportation planner works with planners and traffic engineers to monitor private development impacts.
    • 02:11:10
      Again, another basic monitoring thing.
    • 02:11:13
      According to the project managers, public services, utilities, and update project status and paving list, that's the readiness, whereas what are the other things in the city happening?
    • 02:11:21
      And then the transportation plan would update the safety demand readiness, et cetera, into the system.
    • 02:11:26
      That's all that data, the loads, the things that gets updated and spit out annually.
    • 02:11:31
      So then, I don't know, can you scroll down a little bit, Patrick?
    • 02:11:35
      and so all those things will be happening continuously and then that would update the transportation CIP team as we run that system to see how those those rankings would have changed so now you've rerun it based on what we've done and what new data we have and then we use that information to update the one-year and five-year proposed CIP and so we're constantly adding a year on editing years one through four
    • 02:11:59
      that would enable us to look out and say, hey, smart skills in two years, we can spend $30,000 now to do a concept plan of X, weigh that against this, and one of these two would work with the timeline of the funding and our priorities.
    • 02:12:11
      And that's that, so yes.
    • Lyle Solla-Yates
    • 02:12:13
      Land use, future land use map from the comp plan, small area plans, related how?
    • SPEAKER_01
    • 02:12:19
      Yes, so that's an excellent point.
    • 02:12:23
      Part of it is as developments go, we update that information.
    • 02:12:27
      The other part would be forward-looking, which I think James is going to answer.
    • James Freas
    • 02:12:31
      Yeah, I think that fits in with that annual cycle.
    • 02:12:35
      Well, annual cycle is going to be looking at development activity, but that's part of the duty of our transportation planner and overall our planning team in
    • 02:12:44
      looking at this process and thinking about how our land use objectives form that five-year transportation CIP outlook that we start with at the beginning.
    • Lyle Solla-Yates
    • 02:12:57
      Other questions on this?
    • 02:12:58
      Do you have any more material?
    • 02:13:02
      I'd like to go around the room then.
    • 02:13:05
      Mr. Mitchell, thoughts and questions on this?
    • Hosea Mitchell
    • 02:13:08
      No, it's good to see that there is a process involved in it.
    • Lyle Solla-Yates
    • 02:13:13
      Mr. D'Oronzio.
    • Phil D'Oronzio
    • 02:13:14
      No questions, but it's good to see if there's a process evolving.
    • 02:13:18
      Mr. Hibab.
    • 02:13:18
      What do you say?
    • SPEAKER_02
    • 02:13:23
      One question, but it's good to see that there's a process.
    • 02:13:28
      Just to bring it back to a comment that we had earlier in the meeting from Peter Krebs about, I don't know if I captured everything you said, but how do we rate food access, park access, healthcare accesses?
    • SPEAKER_01
    • 02:13:41
      you know how that built into this prioritization that is a good question I'm not so sure how high that gets in there I know from a lot of it schools that was the the locations there and then other public access that goes to voting and other ADA requirements that we have so I'm not sure I'm not sure if you picked up on that I'm not sure either I mean
    • James Freas
    • 02:14:04
      You picked up that basically a lot of the information we presented is about the different data sets that are coming into that prioritization process.
    • 02:14:13
      So I think part of the answer is going back to those data sets and seeing are there ones that specifically are picking up things like park access.
    • 02:14:22
      Connectivity access were kind of big picture themes in each of those.
    • 02:14:27
      But I don't remember which things we were focused on in the data set.
    • 02:14:31
      So I think we'll take that as a comment and look at it.
    • SPEAKER_02
    • 02:14:34
      I think there are, I mean, you can set available data, so you can potentially add data sets or proximity or create a proximity to some grocery store or whatever.
    • James Freas
    • 02:14:44
      A lot of this stuff is proximity based.
    • 02:14:46
      Right.
    • 02:14:48
      And actually, you know what, one place where it does pop up is one of the major data sets that we have access to is walk score and bike score data, right?
    • 02:14:56
      So if you go back and look at, go right on the web and see what goes into walk score, for example, it is a lot about those types of destinations.
    • 02:15:04
      So places that score a higher walk score, it's based on those destinations.
    • 02:15:09
      Thank you.
    • Lyle Solla-Yates
    • 02:15:10
      Ms.
    • 02:15:11
      Russell?
    • SPEAKER_27
    • 02:15:12
      I don't have any questions.
    • 02:15:13
      Thank you for the presentation.
    • Lyle Solla-Yates
    • 02:15:15
      Mr. Schwartz.
    • 02:15:17
      No questions.
    • 02:15:18
      Mr. Stolzenberg.
    • Rory Stolzenberg
    • 02:15:19
      Yeah, great to see a process evolving.
    • 02:15:21
      This all makes a lot of sense.
    • 02:15:24
      I think like getting all these inputs in makes a ton of sense.
    • 02:15:27
      And there's going to be a lot of like, kind of subjectivity in the weighting of things.
    • 02:15:31
      So I'll be interested to see what that is.
    • 02:15:33
      I guess my question is like, what's the deliverable you get from these guys?
    • 02:15:38
      Is it like a software tool or like a spreadsheet to
    • 02:15:42
      where you can change some inputs or change some weights and spit out new things.
    • SPEAKER_01
    • 02:15:45
      Yeah, so I'm not really sure exactly.
    • 02:15:48
      So the idea, go ahead.
    • James Freas
    • 02:15:52
      I mean, my understanding is it is, in fact, a spreadsheet.
    • 02:15:55
      Right.
    • 02:15:55
      And one of the things we've talked about and shared with the consultants is that
    • 02:16:00
      Our intention is to be fully transparent in the data sources that are going into this, right?
    • 02:16:04
      So when this is out there, someone is interested, well, how did we arrive at this set of prioritization?
    • 02:16:10
      The data will all be available, and right there, one will be able to actually see, trace back what's in there and how it arrived at where we are, which is we've had a number of discussions with the consultants.
    • 02:16:23
      We haven't dug into all the data, but on a couple of the data points,
    • 02:16:26
      We've really asked them to kind of dig in and test their assumptions and make sure we have something that's going to stand up to public scrutiny.
    • 02:16:35
      Also part of that is having something that we can use means that we can also change it for the future.
    • 02:16:41
      important is things like being able to add in when it says measures that's actual transportation projects right being drawn from each of these plans we need to be able to add into that program it can't be a static list that doesn't change right yeah totally
    • SPEAKER_01
    • 02:16:56
      Two things about that.
    • 02:16:58
      One is that this is just a tool, so if we're transparent about it, there's no reason we can't say, hey, number four should be number three at any given point, you know.
    • 02:17:06
      The other part is step two of this process was them evaluating our internal capacities, what they called it.
    • 02:17:12
      So they looked at the GIS staff we have available, the systems.
    • 02:17:22
      It's a GIS-based product.
    • 02:17:25
      So the understanding is that they're going to make it for us, we're going to shake it down and make sure we're happy with the priorities, but we should be able to operate it and we should be able to change it if need be.
    • 02:17:36
      So the idea is that it's flexible.
    • 02:17:37
      So as long as we just say, hey, here's the updates that we made and then here's what we changed, and then it should work pretty well.
    • Rory Stolzenberg
    • 02:17:44
      Yep, awesome.
    • 02:17:45
      Yeah, I mean, I think a lot of this
    • 02:17:48
      The inputs are up on the open data portal already, so any new things that aren't like census or whatever, it would be nice to get those up and to get the actual database, whatever format it is, up on the internet.
    • 02:17:59
      It was before your guys' time, I guess, but we had a consultant give us an entire zoning ordinance and an uneditable PDF that Lisa Robertson had to retype by hand to make any edits to.
    • 02:18:11
      So it's good to hear that this will be a usable tool.
    • 02:18:15
      Thanks.
    • Lyle Solla-Yates
    • 02:18:16
      Mr. Palmer, are you already doing this?
    • 02:18:19
      No.
    • SPEAKER_14
    • 02:18:22
      I don't have any questions.
    • 02:18:24
      I would say in that first box, you know, you could add UVA as well to your approximate development.
    • 02:18:32
      We have a few projects going on that might impact you.
    • Lyle Solla-Yates
    • 02:18:42
      Thank you.
    • 02:18:44
      Speaking as a GIS professor, I love this to death.
    • 02:18:48
      This seems very reasonable to me.
    • 02:18:52
      Parking, I know quite a few of our projects recently have died because of parking concerns.
    • 02:18:56
      I firmly suggest that you consider parking management.
    • 02:18:59
      in how these projects are considered.
    • 02:19:02
      No off-street parking, I would argue, is the most desirable with unpriced being the least desirable because we can see surprises with that.
    • 02:19:12
      They can kill projects.
    • 02:19:15
      Also, I don't know, has the equity team talked to you about this?
    • 02:19:19
      Look at this.
    • SPEAKER_01
    • 02:19:22
      We have not, no.
    • 02:19:23
      So again, we want to bring equity probably at the end, or at least incorporate it without, because the consultants said they factor in equity.
    • 02:19:33
      And I said, there's no way that I'm coming here and said, don't worry, the consultants have already dealt with equity.
    • 02:19:38
      So we're going to make sure that that's dealt with clearly.
    • James Freas
    • 02:19:42
      Fantastic.
    • 02:19:43
      Before this project finishes, is what it meant by the end.
    • Lyle Solla-Yates
    • 02:19:46
      Yes, thank you.
    • James Freas
    • 02:19:47
      Yeah, that's correct.
    • 02:19:48
      That's right.
    • Lyle Solla-Yates
    • 02:19:50
      Additional comments and questions on this item?
    • Rory Stolzenberg
    • 02:19:53
      I guess I'd say you mentioned census tract data is too coarse.
    • 02:19:57
      There is some census block group data, though the margins of errors get kind of big, or it might make sense to think like with the comp plan sensitive areas that we designated and kind of using that as a proxy.
    • SPEAKER_01
    • 02:20:09
      I shouldn't have used a specific term like tract.
    • 02:20:12
      I don't know the difference between tract and block, to be quite honest with you.
    • 02:20:14
      But no, if there's data out there, I was not aware of that, but those are the kind of things that we could, if there's already, again, as an engineer, give me a map with scores, then it can be anything, and we'll turn it into, you know, meaningful information.
    • 02:20:28
      So if there's something out there, we'll certainly incorporate that.
    • 02:20:31
      So that was in the comp plan?
    • 02:20:33
      Okay, I think you mentioned that.
    • 02:20:34
      Yeah.
    • Rory Stolzenberg
    • 02:20:37
      Yeah, I mean, that would be just a dummy is sensitive or not, or distance to sensitive, I guess.
    • Lyle Solla-Yates
    • 02:20:44
      Other questions and comments on this?
    • 02:20:46
      Do you have everything you need?
    • 02:20:48
      Thank you very much.
    • 02:20:49
      Good night.
    • Rory Stolzenberg
    • 02:20:50
      Thanks.
    • Lyle Solla-Yates
    • 02:21:00
      Are we feeling good?
    • 02:21:02
      Climate Action Plan.
    • 02:21:03
      Let's talk about it.
    • 02:21:07
      I think we've got people on Zoom.
    • 02:21:08
      True?
    • 02:21:09
      Hello?
    • SPEAKER_03
    • 02:21:16
      Oh, I hope.
    • SPEAKER_20
    • 02:21:16
      Susan, are you out there?
    • Lyle Solla-Yates
    • 02:21:27
      Do we need a short break?
    • SPEAKER_06
    • 02:21:28
      No.
    • Hosea Mitchell
    • 02:21:35
      Can you put it back in front of the little screen?
    • Lyle Solla-Yates
    • 02:22:04
      technical issues.
    • 02:22:05
      Thank you for bearing with us.
    • 02:22:09
      Hello.
    • 02:22:12
      We have no audio.
    • SPEAKER_24
    • 02:22:14
      Hello, Planning Commission.
    • 02:22:15
      It's nice to see you.
    • Lyle Solla-Yates
    • 02:22:17
      You're most welcome.
    • SPEAKER_24
    • 02:22:19
      And thank you for accommodating us in a virtual manner since we were with the Tree Commission earlier today.
    • 02:22:25
      We're trying to figure out logistics of where to be.
    • Lyle Solla-Yates
    • 02:22:39
      Are you still with us?
    • 02:22:39
      You've gone silent.
    • SPEAKER_24
    • 02:22:42
      I'm still with us.
    • 02:22:43
      Can you hear me?
    • 02:22:44
      Yep.
    • SPEAKER_10
    • 02:22:46
      You guys can hear me now, too?
    • 02:22:46
      Okay, great.
    • 02:22:47
      Excellent.
    • 02:22:50
      All right, so we can, I guess, just dive on in.
    • 02:22:55
      So with the City Climate Action Plan.
    • SPEAKER_20
    • 02:22:58
      Susan, can you get closer to your microphone, please?
    • SPEAKER_10
    • 02:23:03
      Yes.
    • 02:23:04
      Is this any better?
    • 02:23:11
      I heard you guys kind of laugh, but is this better?
    • SPEAKER_20
    • 02:23:13
      Not really.
    • 02:23:14
      No, it's about the same.
    • SPEAKER_11
    • 02:23:18
      Give me one second.
    • 02:23:24
      I'm going to try something different.
    • SPEAKER_20
    • 02:23:26
      There you go.
    • 02:23:27
      You got it.
    • SPEAKER_11
    • 02:23:30
      I didn't change a thing.
    • 02:23:31
      That's wild.
    • SPEAKER_20
    • 02:23:31
      You guys can hear Rita now, right?
    • 02:23:34
      Oh, you just moved back.
    • 02:23:36
      Move where you were a few seconds ago.
    • 02:23:40
      Is this better?
    • 02:23:41
      No.
    • SPEAKER_11
    • 02:23:46
      Give me one minute, unless you can hear me now.
    • SPEAKER_20
    • 02:23:50
      Not well.
    • SPEAKER_11
    • 02:23:51
      Okay.
    • Lyle Solla-Yates
    • 02:23:55
      Apologies to the public.
    • 02:23:56
      Thank you for your patience.
    • SPEAKER_24
    • 02:24:09
      And while Susan's
    • 02:24:11
      taking care of some of the audio pieces.
    • 02:24:14
      I did want to thank the Planning Commission for making time for us on your agenda now.
    • 02:24:20
      We know that a number of you were able to attend the presentation to City Council earlier in October, and so the slide deck that Susan's going to go through real quick is a different set of material.
    • 02:24:31
      I know a lot of that was shared with you in advance, but we can certainly refer back to any of that material if questions come up.
    • SPEAKER_21
    • 02:24:40
      all right can you guys hear me now better thank you yes thank you so sorry the part of the connection for me is I have hearing aids and usually when I connect through my phone with zoom it works just fine but for some reason tonight it was not it worked earlier but yes that was just a thumbs up I think go ahead please continue
    • SPEAKER_24
    • 02:25:17
      Susan, are you able to hear us?
    • 02:25:20
      Okay, I think you can launch right into the slides and the presentation.
    • 02:25:23
      Thank you.
    • SPEAKER_21
    • 02:25:25
      Okay, yeah, I'm actually hearing what you already said.
    • 02:25:28
      I think there's a delay.
    • 02:25:29
      All right, it's gonna be interesting.
    • 02:25:33
      Okay, so
    • 02:25:49
      I'm sorry, I'm getting an echo where I'm getting everything like a minute or two delayed coming through.
    • 02:26:04
      Am I in real time right now?
    • 02:26:07
      Yes.
    • 02:26:08
      Okay.
    • 02:26:09
      I hope so.
    • 02:26:09
      All right.
    • 02:26:10
      So apologies for the confusion.
    • 02:26:12
      This has not happened before.
    • 02:26:13
      I'm not sure what's going on with the technology tonight.
    • 02:26:17
      So as Crystal said, we have
    • 02:26:19
      We were presented at the city council meeting on October 3rd's work session and many of you were able to attend.
    • 02:26:27
      As such tonight, we put together a shortened slide deck that goes over some of the key structural pieces within the climate action plan document.
    • 02:26:36
      And then it is aiming to give you kind of that foundation piece and stuff that we have found has not always been
    • 02:26:45
      fully understood about how we see the document being structured and its things throughout the time.
    • 02:26:49
      And so we are going to go over those pieces and then basically hand it over to you guys for discussion.
    • 02:27:01
      So I'll do that.
    • 02:27:02
      I may have to pop back out and back in because I am still getting that feedback loop, but I think I can at least get through my presentation piece first.
    • 02:27:10
      And then Crystal can field a couple of questions while I dial back in.
    • 02:27:12
      So next slide, please.
    • 02:27:17
      So with this, I am the Climate Protection Program Manager.
    • 02:27:20
      Crystal is our Environmental Sustainability Division Manager.
    • 02:27:23
      We're both located within the Department of Public Works.
    • 02:27:28
      The city's climate program was actually established back in 2008 as a result of the city committing in 2006 to the U.S.
    • 02:27:35
      Mayor's Climate Protection Agreement.
    • 02:27:37
      That agreement committed Charlottesville to reducing greenhouse gas emissions community-wide.
    • 02:27:42
      There are a number of actions at
    • 02:27:44
      followed after that.
    • 02:27:46
      And then in 2017, the city recommitted to climate action through the global covenant of mayors for climate and energy commitment.
    • 02:27:54
      This commitment also has reiterated the greenhouse gas emission reduction piece.
    • 02:28:00
      It added on climate adaptation as well to what our commitments are.
    • 02:28:03
      So that connection of reducing emissions to help limit the effects of climate change and then adaptation recognizing we already are seen changes
    • 02:28:11
      and that we need to adapt as a community to be able to weather those better.
    • 02:28:15
      Next step, please.
    • 02:28:19
      So when we talk about where our emissions are coming from, especially if we want to reduce them, about 95% of the emissions are coming from within the community and only 5% are from within our municipal operations.
    • 02:28:32
      When we look into what that is within the community, that's about 30% are coming from heating, cooling, empowering our residential buildings.
    • 02:28:39
      about 30% is from heating, cooling, our commercial buildings, and about 30% is from transportation.
    • 02:28:45
      And that's all transportation, motorized transportation that's on our roads.
    • 02:28:50
      In regards to about 5%.
    • 02:28:52
      And then, as I said, the other 5% is the municipal section for that.
    • 02:28:55
      In 2019, our city produced just over 300,000 metric tons of carbon dioxide emissions.
    • 02:29:07
      which is roughly equivalent to driving 745 million miles in an average combustible engine vehicle.
    • 02:29:14
      Within these emissions, I also want to note that this does not include emissions from Albemarle County or the University of Virginia.
    • 02:29:20
      They both calculate their own inventories and have their own climate programs.
    • 02:29:25
      Next slide, please.
    • 02:29:29
      So when we look at how we can reduce our emissions, there's two different goals that the city has adopted.
    • 02:29:35
      One of those is a 45% reduction by 2050, or sorry, by 2030 and carbon neutrality by 2050.
    • 02:29:41
      These goals are both community-wide, so they have to apply to both our municipal operations as well as all of our homes and businesses.
    • 02:29:50
      These goals are comparable to the goals that are adopted by peer communities around the world, around the country, and also around our state.
    • 02:29:57
      They are aligned with federal government reduction targets and are based on guidance from the 2019 Intergovernmental Panel on Climate Change.
    • 02:30:05
      Charlottesville does an annual emissions calculation, and then we report this through the platform that is connected with our global commitment.
    • 02:30:13
      The platform is called CDP.
    • 02:30:15
      It was formerly known as a carbon disclosure project, and when they turned international, they shortened it up to CDP, similar to the way that IBM is now just referred to as IBM.
    • 02:30:25
      Having these clear emission reduction goals and doing our annual reporting on progress is critical for us, both as a government and a community, to make sure we're moving in the right direction.
    • 02:30:35
      Next slide, please.
    • 02:30:39
      So now we've talked about the goals, we're shifting over to the Climate Action Plan, which is intended to lay out that strategic roadmap for how Charlottesville will achieve those reduction goals for the emissions that it measures within its inventory.
    • 02:30:53
      What we have within our plan, because we do have our emission reduction goals that are long and far out there in 2030 and 2050, is it's structured by having strategies that are intended to be enduring.
    • 02:31:04
      Those are designed to get us to our 2030 goal and position us well for our 2050 goal.
    • 02:31:09
      The key actions, which each strategy has a set of key actions associated with it.
    • 02:31:14
      The key actions are dynamic.
    • 02:31:16
      They are meant to be completed and crossed off with new action items being added over time.
    • 02:31:21
      The actions are also near term objectives for us to deliver upon, and they are intended to be completed within the next one to three years.
    • 02:31:31
      Additionally, throughout the planning process, we kept a close eye on guiding principles.
    • 02:31:36
      When we speak about guiding principles, these are reflections of values that we heard from our community, as well as ways of how do we make sure that as we're implementing and moving into the implementation stage, our plan can be successful.
    • 02:31:47
      The guiding principles that came out of our development process are effectiveness, affordability, equity, and inclusivity.
    • 02:31:54
      Next slide, please.
    • 02:31:57
      So in terms of what's next,
    • 02:31:59
      After the council work session at the beginning of October, they indicated they wanted to see the plan brought through to the adoption process as quickly as possible.
    • 02:32:08
      When I say the adoption process, that is to adopt the climate action plan as an amendment to the comprehensive plan.
    • 02:32:15
      So in order to do that, we are currently slated for the December 13th meeting.
    • 02:32:22
      That would be a public hearing.
    • 02:32:23
      And in order to prepare for that, we have asked community members to submit any comments input that they have both on the plan document, but also we'd like to hear from people about how they'd like to see us move this board and how they see that they could have a role and that we could help support them.
    • 02:32:39
      We've asked for those comments through tomorrow.
    • 02:32:42
      This is intended to be a living document, which means that the climate action plan can be updated over time.
    • 02:32:48
      We have put in there at least an every five-year update, noting for a comprehensive update for it to be done within three years so that it is then ahead of the next comprehensive plan update.
    • 02:33:00
      But then also annually there will be progress updates and that could be a time where adjustments can be made, any key actions that have been completed can be crossed off.
    • 02:33:08
      And if there's ones that are reasonable to add in as next steps, that would be the time that we're anticipating that happening.
    • 02:33:16
      So what happens after the adoption process?
    • 02:33:18
      We are already starting to have some of the conversations around implementation and moving into implementation.
    • 02:33:23
      We will be developing more measurable success indicators, working with interdepartmental coordination, developing work plans, and then pursuing funding and financing to support the actions within the Climate Action Plan.
    • 02:33:35
      Additionally, because we've had a climate program ongoing, and this has been a very important topic for both within the government and within our community,
    • 02:33:43
      It may not surprise you that there are some studies and other information gathering activities that have already begun.
    • 02:33:48
      The gas utility decarbonization study is one, as well as the transit alternative fuel switching study and an uptown downtown corridor study on organics collection are a couple of examples.
    • 02:34:01
      The things to the right of that dotted line on the screen, those are other things that our climate program does.
    • 02:34:06
      So I wanted to emphasize that within the city's climate program,
    • 02:34:10
      It has a bigger scope than just what this climate action plan is.
    • 02:34:13
      This climate action plan was directed and scoped to focus on how the city can achieve the greenhouse gas emission reduction goals that it has adopted, which are centered around the emissions that we measure within our greenhouse gas inventory.
    • 02:34:28
      Next slide, please.
    • 02:34:33
      So in regards to the types of feedback, just to give you a flavor of what we've gotten, we've gotten comments that are very supportive of the plan, that speak to its thoroughness, its comprehensiveness, that it's well-researched, and that it lays out a lot of complex context for how these decisions and choices moving forward are set.
    • 02:34:52
      We've gotten the majority of comments are actually focused around ideas for implementation, as well as people starting to think through about challenges in the implementation stage.
    • 02:35:00
      So while that content is what comes after the adoption of the climate action plan, when we are then implementing the climate action plan, we're actually very heartened to be getting this sort of feedback now because it verifies for us that the climate plan is written in such a manner that it's achieving the purpose it's intended to.
    • 02:35:17
      It is giving that steering direction and pointing people in our community to start thinking about how do we get to implementation, how do we achieve these key actions, and what are those strategies of where that attention needs to be focused on.
    • 02:35:30
      A couple of other types of comments we've gotten in speak to strengthening some of the existing language that's in there.
    • 02:35:35
      There have been some clarifications needed around items where people have been confused about something or it was actually located in a different section of the document than where they were looking for it.
    • 02:35:45
      There are items that we got during our public engagement part that do go beyond what the greenhouse gas inventory is.
    • 02:35:50
      And so we acknowledge what these are.
    • 02:35:52
      These are activities that are important globally to climate change and climate action, but they do not necessarily fit within this document.
    • 02:36:01
      Those are things that the climate program and its other activities could be working with folks on.
    • 02:36:05
      They are also things that community members and organizations can pursue on their own.
    • 02:36:10
      And then additionally, the last piece is more on we've gotten some requests for more closely targeting or focusing language that we have in the document in some certain places.
    • 02:36:21
      These situations tend to be where we've written something with a broader umbrella so that it can support multiple types of activities and focuses.
    • 02:36:28
      And the request that we're getting is to call out specific uses.
    • 02:36:33
      So as we consider those sort of requests, we need to make sure that we're looking at not tightening up the language so closely that it ends up accidentally then not supporting other things that it otherwise could.
    • 02:36:46
      Next slide, please.
    • 02:36:49
      So I'm going to do a really quick overview of what is in the plan content review.
    • 02:36:53
      You all got a copy of the slide deck where we went into this in more detail earlier in October, as well as links to the plan.
    • 02:36:59
      So I won't go into, this won't take too long, but just as a brief overview.
    • 02:37:04
      Next slide, please.
    • 02:37:05
      So within our climate action plan, it's structured where the first three chapters are really preface and introduction.
    • 02:37:13
      These are the background information about
    • 02:37:15
      how we got into where we were in terms of creating the plan, what that process and engagement looks like, what that targeted scope is for what the plan is focused on, direction that we received from multiple city council resolutions, as well as what the basis of Charlottesville's emissions are, some high level scenarios for those, and looking at the different types of option that a very sort of generic high level for reducing emissions in the community.
    • 02:37:42
      When we get into chapters five through nine, that's where the meat of the strategies and the key actions are.
    • 02:37:48
      And got a list there of the different types of focuses that we have for those within the document.
    • 02:37:54
      One thing to note is that within each of the sections, we do have equity considerations listed where appropriate.
    • 02:38:00
      We also have sub goals for that.
    • 02:38:02
      And we've identified where there's connections over to climate adaptation.
    • 02:38:06
      The climate adaptation planning process is happening separately from this document.
    • 02:38:11
      We have gotten through our climate risk and vulnerability assessment, and then the adaptation planning piece will begin this coming year.
    • 02:38:18
      So we do recognize there's a connection there, and particularly in regards to co-benefits and being effective and efficient with how we are prioritizing action, noting where we can achieve emissions reductions and also make our community more resilient for adaptation is an important connection to draw there.
    • 02:38:37
      In regards to supporting next steps and guiding future action, because this is a plan that is supposed to inform both government and community action.
    • 02:38:44
      We've spoken to this in chapters 2, 4, and 10.
    • 02:38:47
      There are project and resource means, alignment, a chart for the zoning alignment, and then providing guiding directions in terms of those values, those guides for action, and speaking to community engagement and really how to do that inclusively.
    • 02:39:02
      There's also information about how the plan can be accountable and involved over time.
    • 02:39:07
      And lastly, we included resources in here because this can be a very technical topic.
    • 02:39:12
      And so we wanted to have references for people that help them understand, number one, if there were terms they didn't understand.
    • 02:39:18
      But secondly, we included some fact sheets to help explain some of the considerations that then go into these policy and strategy and action choices that we have in front of us.
    • 02:39:28
      Next slide, please.
    • 02:39:30
      Specifically in regards to the zoning code update and alignments with that, I figured this is pieces that you guys would be most interested in.
    • 02:39:37
      And so the next two slides are really just the table that we have in the plan.
    • 02:39:43
      These are the items all there.
    • 02:39:45
      You can click forward to the next slide or two.
    • 02:39:47
      I put these on the slide deck not so that we can read through them all or I would read through them all for you, but if we wanted to go back and all look at the same thing on screen at the same time, they're easily accessible here in the slide deck.
    • 02:40:00
      And then it's two slides for the chart.
    • 02:40:03
      And then after that, it's going over to discussion.
    • 02:40:09
      Crystal, I need you to take the discussion.
    • 02:40:10
      I need to pop out because I am still, if I unmute my speakers, I'm hearing myself speaking two slides ago.
    • 02:40:16
      I will be back in on the Zoom momentarily.
    • SPEAKER_24
    • 02:40:18
      Okay.
    • 02:40:21
      Hopefully those weren't famous last words.
    • Lyle Solla-Yates
    • 02:40:24
      All right.
    • 02:40:26
      Well, thank you for sticking.
    • 02:40:27
      Oh, boy.
    • SPEAKER_24
    • 02:40:34
      Yeah, so, I mean,
    • 02:40:37
      In essence, our goal tonight is to have a chance to listen to you and to hear your thoughts, comments, concerns, feedback on this document with the hope that we can bring this back in December and move that comp plan amendment adoption process forward.
    • Lyle Solla-Yates
    • 02:40:52
      Perfect.
    • 02:40:53
      Thank you.
    • 02:40:53
      Mr. Mitchell, can you start us off?
    • Hosea Mitchell
    • 02:40:55
      Sure.
    • 02:40:56
      So the objective here is to reduce our natural gas consumption.
    • 02:41:02
      Back when we were
    • 02:41:12
      We had two specific actions.
    • 02:41:14
      One was to end the subsidies for new natural gas hookups.
    • 02:41:21
      I think Mr. Grove mentioned earlier today that we did 185 natural gas hookups in the last year.
    • 02:41:29
      But we also subsidized.
    • 02:41:33
      did it for free on a city's dime, 127 natural gas hookups.
    • 02:41:39
      So I pushed to end that so that we no longer subsidize natural gas hookups so that either the developer or the end user would have to pay for them.
    • 02:41:50
      The other thing that I pushed for was to bring an end to hooking up new residential developments.
    • 02:42:00
      The zoning rewrite will incent
    • 02:42:03
      and drive higher density and will instead drive more construction.
    • 02:42:09
      Under the current practice that we have, that means that it's also going to drive new natural gas hookups, again, inconsistent with our desire to decrease or end our natural gas consumption.
    • 02:42:27
      At the urging of staff leadership,
    • 02:42:32
      I backed off a while.
    • 02:42:34
      Staff leadership wanted to wait for the results of the decarbonization of gas study, gas utility study, with the objective of understanding the viability and efficacy of electrification and alternative sources.
    • 02:42:50
      Based on the feedback that I got last night at the council presentation, I believe that
    • 02:42:58
      by early summer.
    • 02:42:59
      Is that right?
    • SPEAKER_06
    • 02:43:01
      Yeah.
    • Hosea Mitchell
    • 02:43:01
      So by early summer.
    • 02:43:03
      So I'm willing to cool my jets on pushing for that until then.
    • 02:43:06
      But the second that study's out, I think we're going to learn that the end of gas hookups to new residential developments is going to be important to achieving that objective.
    • 02:43:20
      And I think an end to subsidizing any new natural gas hookups would be of great value.
    • 02:43:28
      So we want to revisit the questions that I asked earlier.
    • 02:43:31
      And again, if we don't have an answer yet, just begin thinking about that.
    • 02:43:37
      On page 75 of the stamp report, the lengthy written document, it is mentioned that there are legal issues associated with ending new natural gas hookups.
    • 02:43:48
      I'd like to be certain that we understand what those legal issues really are and understand if they really exist.
    • 02:44:10
      And the other thing is, and Jim, Mr. Vries, you can help me if I misread this, but I didn't understand how CAT was impacted by ending new residential natural gas hookups.
    • 02:44:23
      And it's possible that I misread that.
    • James Freas
    • 02:44:32
      I pass that question on to Susan.
    • 02:44:33
      I don't know, Crystal, did you get that question?
    • SPEAKER_24
    • 02:44:36
      I think I got the two questions.
    • 02:44:38
      One had to do with a reference to legal issues related to ending new natural gas hookups, and that is the topic of legality is actually part of the scope in the decarbonization study to really nail down.
    • 02:44:55
      If so, what are they and what are some strategies to address those?
    • 02:45:00
      I think that staff at the time of the writing of this report didn't feel comfortable
    • 02:45:06
      making a conclusive statement about the legality issue.
    • 02:45:11
      And then the other question was, how is CAT impacted by changes to residential natural gas hookups?
    • 02:45:19
      And often our reference to natural gas hookups have been more broad, not specific to a sector.
    • 02:45:28
      If there were changes to natural gas service to the residential sector, then that wouldn't necessarily impact CAT.
    • 02:45:37
      However, one thing I can't speculate about tonight is if there were significant changes on the residential service side, what would that do to overall natural gas rates?
    • 02:45:47
      So those are all sort of scenarios to be explored through this decarbonization study.
    • 02:45:53
      And those questions I think are, this is certainly a good time for those questions to be put on the table so that they can be looked at during this study process.
    • Hosea Mitchell
    • 02:46:11
      I am willing to wait before I push again, but I think that the, to be redundant, I think that the continuation of hooking new residents up to our natural gas infrastructure is just inconsistent with our objective.
    • 02:46:31
      Mr. Dorothea.
    • Phil D'Oronzio
    • 02:46:34
      I don't have any precise or detailed questions at this moment.
    • SPEAKER_02
    • 02:46:38
      Mr. Buffett.
    • 02:46:40
      Thanks.
    • 02:46:42
      I just want to underscore Commissioner Hosea's natural gas fill point.
    • 02:46:48
      I guess my question on that is why can't we eliminate now the, well, not in this meeting, but the subsidies for hooking up new projects?
    • Hosea Mitchell
    • 02:46:57
      Interestingly enough, there was a subject of discussion at last council's meeting, so we'll see what happens when it comes to that.
    • SPEAKER_02
    • 02:47:03
      Maybe we can even put extra money on it so people won't do it.
    • 02:47:07
      Yeah.
    • 02:47:09
      The second thing I wanted to say was I think you just presented the true commission, and they had their set of comments that I have a copy of, and I'll just announce them to the meeting here.
    • 02:47:22
      Adding a fact sheet possibly for the natural environment as part of the fact sheets.
    • 02:47:27
      in the Climate Action Plan since the natural environment comes up a lot throughout the rest of the document and is an important factor in reducing greenhouse gases.
    • 02:47:40
      Possibly establishing a minimum tree canopy or other shade cover for new parking lots or incentivizing conversion of existing parking lots for shading and requiring the use of permeable surfaces where feasible.
    • 02:47:58
      updating code standards for trees and property developments and adopting practices to ensure the preservation of tree canopy when making decisions regarding density, utility lines, fire emergency response, et cetera.
    • 02:48:14
      And I think on page 80 they had a suggestion on adding protect land-based carbon sinks, trees, plants particularly, and use already degraded land for development.
    • 02:48:26
      So we don't have a lot of land left over in the city anyways, but just adding value to trees that are already sequestering carbon.
    • 02:48:37
      The last thing I wanted to ask, this is a question on the energy code.
    • 02:48:42
      I believe the fans probably know, but 30% of residential and we have 30% commercial use and a lot of that energy use is heating and cooling.
    • 02:48:54
      Can we push the Virginia building energy code a little higher in our local city and establish higher standards?
    • SPEAKER_21
    • 02:49:04
      The short answer to that is we are not allowed to require things above and beyond or different than what the state code is.
    • 02:49:12
      We have to follow that.
    • 02:49:13
      Where we do have some leverage and we try to identify these and really target them with the key actions is if there is an additional benefit or an incentive that the city is putting out.
    • 02:49:25
      Zoning benefits are one type of these.
    • 02:49:27
      Funding benefits are another.
    • 02:49:30
      the city that has leveraged because those are those are not just your bi-right typical building code standards there's additional benefits that are there and so additional conditions can be added when you look through our key actions keeping in mind that they are meant to be completed over the next one to three years so they all do not have to happen at the same time there are places where we identify a key action to develop recommendations and then there's a subsequent key action that says adopt and integrate them into
    • 02:49:58
      our zoning code benefits into funding priorities, things like that.
    • 02:50:02
      And so that was our way of trying to still put that leverage in place while we cannot move or change what the state building code is.
    • 02:50:10
      There are some things that are us as this where the city coordinates and works with other localities and partners across the state that are looking at being part of that conversation that's happening at the state level.
    • 02:50:22
      But that is not something that Charlottesville has the authority to change what those requirements are outright.
    • SPEAKER_02
    • 02:50:29
      Thank you.
    • 02:50:30
      A small follow-up.
    • 02:50:31
      I guess this is kind of an out-there question, but when we get applications like SUPs and critical slopes that tear down a bunch of trees, could we then, as we are giving them the benefit of an SUP or critical slopes waiver, add as a condition an extra energy performance usage on something?
    • SPEAKER_21
    • 02:50:56
      I think that's somewhat of a process question that I would defer over to James and Missy on for that.
    • 02:51:01
      You know, I think there's the potential there.
    • 02:51:04
      I don't know if there's specific things that have to be written into the code that then make that possible or what sort of flexibility there is.
    • James Freas
    • 02:51:10
      I think we have a certain degree of leeway with conditions to do something along those lines.
    • 02:51:20
      I feel like I want to look into that some more.
    • 02:51:22
      Particularly, we should be drawing a connection.
    • 02:51:26
      The conditions that we're imposing should connect back to the purpose of the special permit to begin with, the impacts of the proposed use or whatever.
    • 02:51:37
      So it can't be kind of an arbitrary condition.
    • 02:51:41
      I think you're on much stronger ground on the on the critical slopes potentially and I I think that's one that we could look into given the fact that you know the critical slopes that that entire ordinance is written around the concept of of environmental benefit of critical slopes and how is a proposed project addressing or improving over those inherent natural environmental benefits so maybe there's an angle there
    • 02:52:10
      but the critical slopes is a tricky piece in terms I've been looking into it more deeply as of late and discussing it with with the staff and law department and so on so but we can look into that further yeah and I think it might be interesting just to note that the request for authority to adopt higher energy performance requirements locally has been part of the city's
    • SPEAKER_24
    • 02:52:40
      legislative packet for a number of years, and there are several other communities across the Commonwealth who are interested in that, but there's a much larger community of builders and others who have a lot of influence over whether or not that topic moves forward.
    • 02:53:02
      Ms.
    • Lyle Solla-Yates
    • 02:53:04
      Russell.
    • SPEAKER_27
    • 02:53:08
      Thanks.
    • 02:53:09
      I appreciate the amount of work that's gone into this report.
    • 02:53:14
      I'm working on the same sort of thing for my organization.
    • 02:53:18
      However, I think that in focusing solely on energy efficiencies related to new construction, this plan misses the mark in recognizing the role that historic and existing buildings play in a more sustainable future for Charlottesville.
    • 02:53:34
      The plan mentions land use and planning.
    • 02:53:37
      as an important tool for reducing greenhouse gas emissions.
    • 02:53:41
      However, absent from the plan is the role that our existing buildings play, the embodied energy that's inherent in a building that doesn't require a ton of new materials, the carbon footprint of new construction, which means resource extraction, shipping and transportation,
    • 02:53:59
      That's not always considered, plus landfill, that's not always considered in new construction, however those things exist in our existing buildings.
    • 02:54:11
      The greenest building is the one already built.
    • 02:54:14
      Additionally, building stock plays an additional role in our affordable housing picture as we know and we've learned that it's virtually impossible to build affordable housing without deep subsidy.
    • 02:54:25
      So historic buildings are inherently affordable in a way.
    • 02:54:31
      New construction also contributes, as I said, to waste going into landfills.
    • 02:54:34
      So really, I'd like to see goals and sub-goals in this document that speak to the value inherent in our existing buildings.
    • 02:54:43
      These would include things like disincentives for demolitions, incentivizing retaining existing buildings.
    • 02:54:48
      We have these things in our
    • 02:54:51
      comp plan, and so there's a lot of crossover between those shared goals.
    • 02:55:00
      And in addition to that, encouraging adaptive reuse.
    • 02:55:05
      It's the old adage of reduce, reuse, recycle, and I think we should get back to that a little bit.
    • 02:55:11
      Thank you.
    • Lyle Solla-Yates
    • 02:55:13
      Response to that?
    • SPEAKER_21
    • 02:55:16
      So we spoke with Preservation Piedmont and they've raised a lot of the similar concerns that you're expressing.
    • 02:55:23
      One of the challenges is when you look at the embodied energy and that entire sort of extraction pipeline, those are all things that are outside of our city's greenhouse gas inventory.
    • 02:55:35
      And so there's a challenge in terms of how to try to get those to be incorporated within our climate action plan that is scoped to meet our emission reduction goals.
    • 02:55:46
      because that carbon is not part of the targeted emission reductions, that body of that greenhouse gas inventory.
    • 02:55:55
      When I spoke before about that, the climate plan program can work with community members on a range of topics that go beyond just what this plan is focused on.
    • 02:56:04
      That's where those sort of topics and those partnerships can come about.
    • 02:56:07
      But fitting that into this document becomes a little bit difficult because those are all actions and activities that need to be worked on
    • 02:56:15
      in addition to what this plan was scoped to address.
    • 02:56:19
      That said, oh, okay, sorry, go ahead.
    • SPEAKER_27
    • 02:56:21
      I was just going to say, I still think there's places where you could, I don't know who I'm talking to here, but where you can very easily, you know, recognize or sort of caveat when you're talking about new construction or when you're talking about the challenges in historic buildings.
    • 02:56:34
      Yes, there are challenges, but, you know, there are these inherent, you know, other good qualities, and I didn't see any mention of that.
    • SPEAKER_21
    • 02:56:44
      Yeah, and so I think that is one of the pieces where we do see an opportunity in there.
    • 02:56:48
      In the buildings and energy section, we do speak about different development patterns.
    • 02:56:52
      And when we talk about starting to densify our community, that doesn't mean every single property needs to be turned into a multi-story apartment building.
    • 02:56:59
      We can start looking at things where it's how do you do an extension or how do you build up on an existing property without needing to do a full demolition of what's already there.
    • 02:57:09
      Similarly, there are some things that in terms of just messaging to the community that taking an older building or an existing building, tearing it down and building something that's almost identical does not necessarily mean that new thing is going to be more energy efficient.
    • 02:57:22
      And so there are opportunities there.
    • 02:57:24
      And I think what we were starting to look at is in that sort of what I call the background context section in the buildings and energy section where we do talk about development patterns.
    • 02:57:35
      I think there's some space where we can put some language in that.
    • 02:57:38
      Further down, when we get into the key actions, there is a key action specifically around providing information resources on historic buildings.
    • 02:57:45
      And that is something we've already done some work towards, but that really is targeted at the response that we'll hear from folks in the community where they say, oh, well, I can't do anything on my building because it's historic.
    • 02:57:57
      And usually when they're thinking about energy efficiency and they make those comments, they're thinking specifically about windows.
    • 02:58:02
      But we started working with somebody to help develop and identify what are the things that are compatible with the BAR guidelines that you can do on historic properties.
    • 02:58:13
      And so we have some initial work on that.
    • 02:58:15
      It's something that we would like to further develop and get out there to the community.
    • 02:58:19
      And it's one of the things that we had in our conversations with Preservation Piedmont we talked about as well of being able to maybe work together to then help people understand that just because a building is historic or it's older doesn't mean that
    • 02:58:30
      There aren't smaller improvements that can be done or other ways that or it's just that it inherently means it's bad.
    • SPEAKER_27
    • 02:58:36
      Yeah, that's absolutely right.
    • 02:58:37
      I mean, windows get a bad rep, and they're actually not a huge contributor to heat and heat loss in a building.
    • 02:58:43
      It's something like 10%.
    • 02:58:44
      The other thing is that historic buildings are built, you know, they were built inherently to work within our environment.
    • 02:58:52
      So sometimes things like siting and breeze, you know, you get a lot of benefit from a historic building.
    • 02:59:00
      So I just think that, you know, we should we should
    • 02:59:03
      Be fair, and historic doesn't always have to mean, you know, some celebrated mansion, right?
    • 02:59:10
      There's modest, older housing stock that is worthy of some reuse.
    • SPEAKER_21
    • 02:59:20
      And I think some of that in terms of what your, when your comments made me start thinking about our nature-based solution section, where it also looks at how are there strategies that can be done around the buildings that are complementary with them so that
    • 02:59:32
      the building itself just doesn't need as much heating and cooling or as much energy for that.
    • 02:59:37
      And that could also tie into some of the materials that can end up getting put out there.
    • 02:59:42
      Thank you.
    • Lyle Solla-Yates
    • 02:59:43
      Mr. Schwartz.
    • Carl Schwarz
    • 02:59:45
      Not to beat this issue to death, but to supplement Commissioner Russell's comments, a quick anecdote would be the BAR is looking at First United Methodist Church.
    • 02:59:57
      They'd like to cover their roof and solar panels.
    • 03:00:00
      The BAR is supportive of that in general.
    • 03:00:02
      I think the majority are supportive of that idea.
    • 03:00:04
      The issue is that the church has a
    • 03:00:09
      Slate roof in extremely good condition that's 100 years old and could last another 100 years.
    • 03:00:14
      To put the solar panels on, you'd be just destroying that roof and potentially re-roofing it with something that wouldn't even last as long as the existing shingles could.
    • 03:00:23
      So it's kind of the understanding of
    • 03:00:26
      is the benefit of those solar panels.
    • 03:00:29
      At what point do you actually get the benefit from that versus just keeping the historic roof that is perfectly good and going to last forever?
    • 03:00:39
      Just a quick anecdote about the complication, I guess, of figuring out the line of where it's good to implement sustainable features versus keeping what's existing.
    • SPEAKER_21
    • 03:00:54
      And so several years back when we
    • 03:00:56
      brought forward the solar zoning code to make it by right as a secondary use across the city.
    • 03:01:01
      The recognition that there are special design control districts within the BAR, but also the entrance corridors were two specific pieces.
    • 03:01:10
      And the discussion at that time with the city members of the Board of Architectural Review followed a similar line to what you were just discussing about in general, if you can put the panels on, you can take them off and it doesn't do any damage to the building.
    • 03:01:25
      Great, let's do them.
    • 03:01:26
      But when it comes to things in slate roofs, I think for this specific example that came up then as well, it is, it's irreparable damage.
    • 03:01:33
      And that's a different value in terms of what are we achieving within a community, which, you know, this isn't, those are a lot of the things that come up in planning is how do you balance these different priorities and different needs.
    • 03:01:47
      And so what I recollect is that the Board of Architectural Review wanted to retain the ability and we were supportive of that
    • 03:01:54
      for projects that go through that process that it wasn't a flat out, you know, that it still had to go through the design guidelines process.
    • Lyle Solla-Yates
    • 03:02:07
      Mr. Stolzenberg.
    • Rory Stolzenberg
    • 03:02:10
      Thanks.
    • 03:02:11
      Yeah, I've got a few things.
    • 03:02:13
      I think, you know, mostly they're focused on kind of the urban heat island effect and, you know, adaptation, possibly because the APA, American Planning Association, just came out with a great report on planning for urban heat resilience that I meant to send to all of you and forgot.
    • 03:02:32
      But I was kind of reading it the same time I was re-reviewing this plan for this meeting.
    • 03:02:37
      And I got a couple comments based on that.
    • 03:02:41
      One, you know, a lot of our key actions here, it seems very focused on just kind of tree canopy and planting a lot of trees in order to provide shade.
    • 03:02:54
      Of course, you know, certainly nothing against trees.
    • 03:02:57
      Trees are certainly the best form of shade that we can get when we can get them.
    • 03:03:03
      But, you know, trees aren't necessarily appropriate to be the things that provide shade for every inch of, you know, asphalt or sidewalk or whatever that we need to shade.
    • 03:03:16
      and I think there was one quick reference in the parking lots of trees or other shade in order to shade parking lots.
    • 03:03:25
      But to mitigate the urban helioling effect, we want to be shading as much as possible with high albedo stuff that reflects the sunlight away.
    • 03:03:33
      And so I'd love for you guys to have some stuff in there about the more architecturally provided forms of shade
    • 03:03:43
      and you know on sidewalks that can be anything from like awnings and overhangs and even maybe arcades and seeing if we can incentivize those or remove barriers to their use for example you know letting awnings encroach over the right of way I don't know if that's allowed
    • 03:03:59
      and then outside of you know right next to a building things like shade sales to cover you know large empty areas like parking lots where it might not be feasible or the owner might not be willing to you know dig a hole and put in a tree and then similarly you know on buildings themselves forms of heat gain reduction that
    • 03:04:25
      you know can provide shade in the kind of heat of the winter things like breeze so lays where you're letting less light in in the in the height of the summer I meant and then letting the light in in the winter
    • 03:04:38
      and then I think somewhere in the plan we talk about green roofs one thing I learned a lot about in the last couple weeks that I hadn't ever heard of before are cool roofs which green roofs are kind of expensive need a lot of like structural support but of course are great and good for stormwater we have plants all that fun stuff but they're not going to be feasible or
    • 03:05:01
      The owner's not going to be willing to pony up for it in a lot of cases.
    • 03:05:05
      But just making a roof, especially for flat roofs, that especially if you look at a satellite image of downtown, all those roofs are like black, right?
    • 03:05:14
      Like kind of black rubber or tar or whatever situation.
    • 03:05:18
      Just making that a white material raises its albedo and actually is more effective just at urban heat island reduction than a green roof and for about the same price.
    • 03:05:29
      So we can incentivize that and kind of make sure that anytime you're replacing a roof that is currently black, that you make it white.
    • 03:05:37
      It sort of seems to be the trend, the newer buildings to have that.
    • 03:05:40
      I don't know about replacements.
    • 03:05:42
      I think that would be probably the biggest single thing we could do for production of urban heat islands.
    • 03:05:49
      That's a win-win, doesn't really cost anything.
    • 03:05:53
      Obviously, we still want lots more trees.
    • 03:05:56
      And on that subject of the tree canopy, kind of randomly, I have had two conversations in the last two weeks of people who have gone to get solar on their house and went and talked to Segura and they were like, sure, we'll do it, but you've got to tear down all these trees so that we can get a clear sunlight on your house.
    • 03:06:19
      I'm curious, like, how do we square, I mean, I don't have an answer for this, like, how do we square that circle, right, of, you know, we need lots of renewable energy, certainly, to offset the coal and natural gas we're burning, but at the same time, we want trees to benefit, you know, our local environment to reduce that urban heat island and just for the many other benefits of trees.
    • 03:06:43
      and you know in some of our scenarios here we're extremely dependent on rooftop solar 4,700 rooftops 40% of the roofs in the city getting solar on them for that scenario to meet our goals and essentially that means significant reductions in tree canopy and you know
    • 03:07:06
      it's a hard question and I don't expect to have a simple answer but maybe some of it is like something like a program where if you have to tear down trees in your property we help you know hook you up or give you an avenue to donate to plant new trees say on the opposite side of your house where they start to grow and don't cast shade on solar panels and maybe because it's
    • 03:07:30
      you know something you're directly doing to offset cutting them down that solar company installer can roll that into your cost of your system which means it can be financed with the rest of your system just like any other accessory and so homeowners might be willing to do it because certainly these are environmentally minded homeowners who don't want to be tearing down trees but they also want solar power and to save money on energy and curious if you have any other thoughts on that kind of really sticky problem.
    • SPEAKER_21
    • 03:08:01
      Yeah, so you laid out a lot of, I have like a five or six point thing that I've got tracking in my head.
    • 03:08:08
      So the piece of trees versus shading for your rooftop.
    • 03:08:13
      So one thing I wanted to note was that the scenarios that we included in the document, that number of projects is in the projected amount of solar generation that could happen.
    • 03:08:25
      is actually from a online GIS based map that looked at using the existing tree canopy and the shade that it would cause on rooftops.
    • 03:08:35
      What was the remaining availability for solar generation within our community?
    • 03:08:39
      So that's where that number came from in there.
    • 03:08:41
      The question, oh, go ahead.
    • Rory Stolzenberg
    • 03:08:43
      Is that fully like all of the remaining roofs that aren't shaded in that 4,700?
    • 03:08:48
      Was that the conclusion of that study?
    • 03:08:50
      Is that saying we're like, you know, totally maxing out what we found was doable?
    • SPEAKER_21
    • 03:08:56
      No, it wasn't.
    • 03:08:57
      So it took basically from the GIS database of this, I made a list of every single potential across every single rooftop that it had in there.
    • 03:09:06
      And then with the assumption that we would do the larger ones first, basically just did a sum going down and tell what that was.
    • 03:09:14
      I can go back to that data set and tell you how many that is out of the total.
    • 03:09:18
      The solar map, if you want to look at it online, if you go to charlottesville.gov slash solar map or just slash solar, there's a link that gets you over to it.
    • 03:09:26
      You can then see what that map looks like and how many rooftops and what areas are more shaded versus others.
    • Rory Stolzenberg
    • 03:09:34
      Cool.
    • 03:09:36
      And then, yeah, lastly, I kind of wanted to dig in to get off the urban heat island train for a sec into the scenarios themselves.
    • 03:09:45
      You know, we've got three scenarios.
    • 03:09:47
      In all of them, we're kind of taking reduction in carbon intensity of the grid.
    • 03:09:51
      It's kind of a given, which I think makes sense.
    • 03:09:54
      And that's kind of what's been driving our reduction so far.
    • 03:09:58
      And then in all of them, we're assuming like a very minimal amount of transport emissions reductions.
    • 03:10:06
      and you know I I get that you guys had variable feedback from people on how much that would happen on how much would happen but I'm curious of what what drove you to say well you know if we don't know then let's not count on it and you know does that because it's not in our scenarios does that mean we're less likely to pursue those actions that would result in more of those and
    • 03:10:33
      I mean, given that it's 30% of our footprint, it seems like we want to be reducing that.
    • 03:10:39
      We're going to need to be, certainly for 2050 goals, as much as possible.
    • 03:10:44
      Yes.
    • SPEAKER_21
    • 03:10:44
      So working on transportation is definitely something that we need to do.
    • 03:10:50
      And the fact that it was only a small part within the scenarios is not meant at all to be an implication or to be inferred that that means we don't need to do anything on the transportation side.
    • 03:11:00
      When we were looking at the scenarios, we were putting them together to start getting our arms around and illustrating out for folks in the community what sort of level of involvement property by property would be needed to reach these goals that we have, as well as levels of investment.
    • 03:11:15
      And so also when we were looking at that through 2030, if you think about just the general timeline, it typically is to do some massive transportation infrastructure projects of getting the funding, doing the planning, getting it instituted, and then changing behaviors within our community.
    • 03:11:30
      It also didn't seem like within the next eight years that we would see a substantial shift in that front.
    • 03:11:37
      If we do, that would be fantastic.
    • 03:11:38
      Definitely when we look at things on the transportation side that are changing the fuel source of our passenger side of sedan type vehicles, there's a lot in terms of electric vehicles that is starting to come out from industry as well as the standards of what can be sold by dealers within the state.
    • 03:11:57
      that is looking at that shifting, but there is still that timeline you have of then the adoption of that actually infiltrating and at what level and pace within your community.
    • 03:12:07
      So that was why for the scenarios, we kept the transportation part small.
    • 03:12:13
      It was really just to try to get like a desktop exercise of starting to get our arms around it.
    • 03:12:18
      You know, and if we see a lot more on the transportation side before 2030, that means we're just that much closer to our 2050 goals, which is a good place to be.
    • Rory Stolzenberg
    • 03:12:27
      Yeah, I guess it's good to be conservative and be pleasantly surprised that we did better.
    • 03:12:32
      And that makes sense that mode shift will certainly take longer, though I hope EVs are faster than 5%, but certainly fleet turnover takes time.
    • 03:12:41
      But so then what's left is we put all our eggs in one of two or a mixture of two baskets, and those are energy efficiency retrofits and rooftop solar, basically.
    • 03:12:58
      I guess the question is how feasible are these very ambitious scenarios in actually coming to pass in the next eight years, right?
    • 03:13:10
      And if you dig into the National Trust for Historic Preservation's great white paper on this stuff, the Greenest Building is a fully retrofitted existing building.
    • 03:13:24
      But the dirtiest building is a totally unretrofitted existing building.
    • 03:13:29
      And so how do we actually make sure that a quarter to a fifth of all buildings actually get retrofitted?
    • 03:13:38
      How much of this yearly cost we're talking about is public money?
    • 03:13:43
      And if public money doesn't come, how much of it gets done?
    • 03:13:49
      And then for renewables, what do we see as our current pace?
    • 03:13:53
      How many rooftops are we doing annually?
    • 03:13:56
      And do we need to up that pace to hit maybe scenario one's 1,200 rooftops?
    • 03:14:03
      Or are we kind of on track for 1,200 and we really would need to kick things into gear if we wanted to do 4,700 because we weren't getting energy efficiency retrofits then?
    • SPEAKER_21
    • 03:14:14
      So the answer is we need to do more on all fronts.
    • 03:14:17
      That's the short answer to it.
    • 03:14:20
      In terms of that is total dollar cost.
    • 03:14:24
      So that is not trying to divide it between public money or private money.
    • 03:14:27
      That's just estimates of this is the total cost for that.
    • 03:14:33
      Most of the things that are in our funding and financing chapter are looking at doing some sort of a cost share piece.
    • 03:14:40
      There's things that speak to things that would support a revolving loan fund so that the money can keep cycling through.
    • 03:14:45
      And then also tiering that to be able to meet the different needs that the property owners have, but also in terms of income level, so different levels of subsidies and assistance depending on where you are in the incomes.
    • 03:15:00
      If you're like 80% below AMI or if you're more mid-income, so there's a lot of flexibility there and really more discussion of how to design those programs to get the most leverage.
    • 03:15:11
      One of the other things there is a lot of federal money that we are starting to look at that's coming out.
    • 03:15:15
      All the conversation that it's been, it will be a game changer.
    • 03:15:18
      And so we are looking at both things for formula funding as well as competitive options for that.
    • 03:15:24
      But a lot of what you're laying out, it goes to the sticky questions on what we're hearing, you know, with all the different climate conferences that we need more action on all levels faster than anything's been going so far.
    • 03:15:37
      And so that's a mix of education, engagement, getting people to understand where value is and isn't.
    • 03:15:43
      It is getting the money set up in a certain way that it then moves action.
    • 03:15:47
      A couple of things that we've heard from people in the community over the years is that they just don't have the upfront money to be able to pay for things.
    • 03:15:54
      But when there's energy savings from those investments, those investments could pay it back, but they need to get over that hurdle of that upfront cost for it.
    • 03:16:03
      One of the other pieces is Charlottesville has about a 60% household rental rate.
    • 03:16:06
      And I know a lot of our businesses are also in renters positions.
    • 03:16:10
      And so when we're looking at who has that authority to make those decisions, to make changes property by property, you're looking at who are the property owners or who are the property managers.
    • 03:16:21
      But then when the energy savings and that cost savings is going to the tenants, you end up with what's called the split incentive.
    • 03:16:27
      And so that's another piece that the Climate Action Plan speaks to is
    • 03:16:31
      Structuring what our supportive financing pieces are and getting information out to the community about how that split incentive can be addressed.
    • 03:16:39
      Doing that, one example of ways to do it is through green leasing.
    • 03:16:43
      Green leasing, though, requires that your property owner and property managers understand it and the residents understand it and it's all above board and everyone understands how that works and what they're agreeing to.
    • 03:16:54
      Which is one example of one of the ways that this is a very complex topic and getting it moving in terms of your question of what's realistic
    • 03:17:01
      is what those scenarios are based on the numbers of what we need to achieve.
    • 03:17:06
      That's not numbers that we picked out of the air and said, well, we're just going to make this a target and maybe if it's not realistic, it's ambitious and we'll just try to do that if it's aspirational.
    • 03:17:16
      Those numbers were put together by saying, these are the goals that are adopted.
    • 03:17:21
      This is our starting point.
    • 03:17:23
      What does that actually mean in terms of scale and level of pace that we need to be hitting in order to get there?
    • 03:17:29
      And so the most that I can say we can try to do is try to get up to that level as quickly as possible and make sure we have the right tools to support our community.
    • Rory Stolzenberg
    • 03:17:37
      Yep, that's a good answer.
    • 03:17:39
      Thanks.
    • 03:17:40
      And I guess if I could make a request, maybe a bit of work for this late stage, but it would be very helpful to see what the trajectory we're currently on is to see how much we have to bend the curve to hit these possible scenarios, which is the only way we have to get it done.
    • 03:17:58
      And I guess my last question for you is, which of these scenarios do you think is kind of the most
    • 03:18:03
      like likely or feasible path to hit our goals.
    • 03:18:08
      And I mean, do you believe that we will hit our goals?
    • SPEAKER_21
    • 03:18:13
      That's an interesting question.
    • 03:18:14
      I think the possibility is there for us to do that, yes.
    • 03:18:19
      In terms of which scenario, I don't have a preferred scenario that I think is more likely.
    • 03:18:23
      I think it's probably going to be something that's a blend.
    • 03:18:25
      The ones that are out there, where we are trajectory, we can look into what that is.
    • 03:18:31
      Currently, we have about 2%.
    • 03:18:34
      in terms of the sub goal that we have in our energy buildings of getting 10% for the solar, we have 2% installed currently.
    • 03:18:40
      So we are moving in a good direction.
    • 03:18:43
      One of the other pieces, you know, just on energy efficiency is that is usually, and in a lot in this discussion right now, it's being focused on retrofitting existing buildings.
    • 03:18:54
      When we look at new development coming in, and particularly the different forms of how we can add density within the community,
    • 03:19:02
      what those building standards are, what those leverages are in terms of that efficiency of those new building, that's also part of what leads into these numbers.
    • 03:19:11
      So while the scenarios were built based on our existing buildings, I do want to note that what we are adding to the community is another piece at play.
    • 03:19:21
      And it also goes into what the fuel source is.
    • 03:19:24
      Through the Virginia Clean Economy Act, Dominion is required to hit carbon neutral by 2045.
    • 03:19:32
      And so what we have in the scenarios of seeing that grid part become cleaner, that is that trajectory path that is there.
    • 03:19:39
      So as new buildings are added, if those are connected to fuel sources that are easy to make carbon free, if we are also making sure that those buildings are very energy efficient, all of that helps with all with these numbers.
    • Rory Stolzenberg
    • 03:19:54
      Yep, and sorry, for the gas thing, I guess I missed the discussion yesterday.
    • 03:19:57
      Is that something happening currently?
    • 03:19:59
      Like the RFP was awarded?
    • 03:20:01
      I didn't see a notice.
    • SPEAKER_21
    • 03:20:03
      It's in, so the RFP was issued.
    • 03:20:05
      They are currently in the contract negotiation stage and hope to have a contract signed before the end of December.
    • 03:20:11
      So the project would then start in early 2023, and I believe June was what I had heard by early summer would be expected for that to be completed.
    • Rory Stolzenberg
    • 03:20:20
      Great, thanks.
    • Lyle Solla-Yates
    • 03:20:22
      Mr. Fulmer.
    • SPEAKER_14
    • 03:20:27
      Well, I just want to, you know, say this is great work.
    • 03:20:33
      It's very heartening to see that now we'll have three strong sustainability action plans between us, the city and the county because as we know and as some we've heard from the public is that
    • 03:20:50
      you know all these we do have to account for things separately so we're not double over counting our carbon emissions and such but we all work together and we all contribute to those carbon emissions whether it's UVA the city or the county so being in I'm not gonna say 100% lockstep but being in you know going towards fairly similar goals will only help all of us thank you thank you response to that
    • SPEAKER_21
    • 03:21:21
      I would just say I completely agree.
    • 03:21:22
      One of the parts that really does cross borders is on our transportation side.
    • 03:21:27
      And so I think one of the pieces when in the plan, the key action that we have for doing a mobility accessibility based transportation planning where it looks across different travel modes, you know, looking at what the commuter traffic is that's coming in with UVA, looking at are there different systems that they have and how do those overlap with the other systems the city's providing?
    • 03:21:51
      There could be some opportunities for partnership and collaboration in that direction.
    • Lyle Solla-Yates
    • 03:21:57
      Now I'm afraid you face me.
    • 03:22:00
      The implementation section exists, which I appreciate.
    • 03:22:03
      It is short, which is good in many ways, but there's not a lot of content there.
    • 03:22:08
      This is a section that I will use to beat people with, and I would like you to give me as much to beat people with as possible.
    • 03:22:16
      So I'd like to be very clear.
    • 03:22:18
      I'd like numbers.
    • 03:22:19
      I'd like dates.
    • 03:22:20
      I'd like to know if we're winning or not, and where we're winning or not, so I can know who to beat.
    • 03:22:29
      I'd like to be very clear.
    • 03:22:30
      I'm thinking CIP now.
    • 03:22:31
      We're looking into how do we pay for all this stuff.
    • 03:22:35
      And many of these projects that are in here I've seen before and I've fought for before and I've lost.
    • 03:22:41
      Give me more.
    • 03:22:43
      I would like to understand greenhouse gas efficiency per dollar.
    • 03:22:46
      Are these dollars smart dollars?
    • 03:22:47
      Are we spending in the most effective way to address our carbon goals?
    • 03:22:52
      If we're not, how do we get there?
    • 03:22:53
      And I can't answer that currently, so maybe that's why I lose.
    • 03:23:00
      Very interested in possible savings, very interested in new revenue sources you discussed, very exciting about federal money.
    • 03:23:06
      One idea I saw elsewhere on trees was requiring replacement trees equal in diameter when trees are removed.
    • 03:23:14
      I thought that was interesting.
    • 03:23:15
      I don't know if it's legal, but note
    • 03:23:20
      With transportation, I see a lot of potential upside there, and I don't really see it in the document.
    • 03:23:26
      I would like to see clear goals for mode shift, actually getting these numbers across, again, with dates, ideally with some relation to best practice in the field, which I do not know, but I bet you do.
    • 03:23:41
      That would be helpful.
    • 03:23:42
      That's what I've got.
    • 03:23:42
      Hope it helps you.
    • SPEAKER_21
    • 03:23:47
      Do you want a response or don't you?
    • Lyle Solla-Yates
    • 03:23:49
      I'll take whatever I can get.
    • SPEAKER_21
    • 03:23:52
      Okay.
    • 03:23:53
      And to clarify before starting to talk.
    • 03:23:57
      So definitely in that chapter 10 on the implementation and next step section, because the kind of action plan was meant to be strategic, it is meant to provide that direction for where we as a community need to go, not just what the local government needs to do.
    • 03:24:11
      And then those key actions are currently, because it's the one to three year timeline, the parts that are the
    • 03:24:17
      The truth tellers, basically, did we do things that we needed to get done?
    • 03:24:22
      So that's part of the annual progress updates in terms of going to your thing of wanting information that you can then meet people with of how we're doing with our progress is that's when that information, that progress will be coming.
    • 03:24:34
      One of the parts in terms of identifying what outcome indicators and metrics is that that's one of the things that we identified as needing to be done during this first year of the plan is trying to get a better sense of what is realistic.
    • 03:24:48
      What is meaningful?
    • 03:24:49
      And what can we actually have data for?
    • 03:24:51
      And so that is a conversation, things that we want to work with community members.
    • 03:24:55
      I know there are community members who believe that there are some data sets and things that we haven't been using yet.
    • 03:25:00
      And so that's an area for us to explore.
    • 03:25:03
      On the transportation side, I think there's a lot of new conversations, and especially having the new transportation planner move forward.
    • 03:25:09
      I think there's a lot more conversations that can start happening around getting those mode shift numbers and trying to get a sense of
    • 03:25:19
      not just picking something out of the sky, but trying to actually tie it into what are the strategies, what does that look like on the ground, and then how do we make the most effective use of layering our different transportation systems so that they are leveraging each other, which if we do that in a way that they are leveraging each other, that should also affect what those mode shift target numbers are.
    • 03:25:38
      So I guess the sharp version is, yes, we want to get there.
    • 03:25:43
      We likely will not get there before the public hearing in December,
    • 03:25:47
      But those are things that we've identified in the document as things that we are considering that as this is a living document, those are things to continue working on and getting that definition and then bringing this board and incorporating them in the document.
    • Lyle Solla-Yates
    • 03:25:58
      Wonderful.
    • 03:25:59
      I would like to make a last call to the Commission.
    • 03:26:04
      Any further questions or comments you'd like to make on this topic?
    • SPEAKER_24
    • 03:26:11
      Do you have what you need?
    • 03:26:13
      We do.
    • 03:26:13
      Thank you.
    • 03:26:14
      And while we have your attention, I do want to express public appreciation for the team, our team, having done a lot of work in a short period of time.
    • 03:26:24
      And if we had more time, there'd be more pages.
    • 03:26:27
      There might be more of that implementation detail that you're looking for.
    • 03:26:31
      But we wanted to meet this deadline.
    • 03:26:33
      to get this in front of Planning Commission and Council, so it could start informing budget-related decisions, and if we can get this over the finish line, we can get moving into the action piece, and absolutely the details are where it's all going to be really critical when we get to the details.
    • Lyle Solla-Yates
    • 03:26:50
      Thank you very much.
    • SPEAKER_24
    • 03:26:51
      Thanks for listening to us today.
    • Lyle Solla-Yates
    • 03:26:52
      How are we feeling?
    • 03:26:57
      You okay?
    • 03:26:57
      You ready to break?
    • 03:27:01
      Last item.
    • 03:27:01
      Last item?
    • Matt Alfele
    • 03:27:13
      Commission, so tonight you're going to be kind of in your role as the reviewing body for site plans related to planning and developments, determining a code section as it applies to a significant variation from a PUD development plan and what was submitted on a site plan.
    • 03:27:37
      So back in
    • 03:27:39
      get my dates here back in August excuse me back in April of 2022 the 240 Stribling PUD plan was adopted by City Council your PUD plan lays out
    • 03:27:55
      the rules and regulations for private land development within a development that you cannot typically do under current codes and regulations does not cover public infrastructure things like public streets those still need to follow city regulations and standards and design guidelines but your private land
    • 03:28:16
      really sets your density, setbacks, height, placements of building, uses allowed, things like that.
    • 03:28:23
      So when City Council adopted that PUD, the next step in the process then is to submit a detailed site plan for review.
    • 03:28:30
      The applicant has done that.
    • 03:28:35
      Back in late August, they submitted a preliminary site plan that went under review by
    • 03:28:40
      neighborhood development services, traffic, utilities, public works, fire, all the different departments that review a site plan.
    • 03:28:49
      But like I said earlier, Planning Commission is the reviewing body for a preliminary or final site plan and subdivision related to a PUD.
    • 03:28:59
      That means at the end of the process, staff will bring you a site plan, and we typically don't bring you a site plan or subdivision until we say it has met all the requirements of the PUD development plan, of the standards and design manual when it comes to public spaces.
    • 03:29:15
      We recommend approval.
    • 03:29:16
      Periodically, there are places where staff feels they do not meet the regulation.
    • 03:29:22
      This comes up more in planning and developments than it does in a regular code.
    • 03:29:26
      And that is because the applicant has set out those rules and requirements on their private land.
    • 03:29:32
      When you think about our code, when you're talking about by right development or something with an SUP, it's very clear.
    • 03:29:39
      I mean, our chapter 34 is a very thick chapter, very much spells out the requirements.
    • 03:29:45
      if a PUD development plan is not that detailed you know there's the benefit of there are some wiggle room but there's also then this problem of are they meeting their certain guidelines they have laid out themselves so as when this plan was reviewed one of the comments that came up was the original PUD development plan the more conceptual plan showed three buildings
    • 03:30:07
      The site plan that was submitted to staff shows two buildings in the same general footprint.
    • 03:30:12
      Staff believes that is a significant deviation from what was approved.
    • 03:30:18
      In the very brief report that is in front of you tonight, staff lays out the reasons why they feel this is a significant deviation.
    • 03:30:27
      The applicant, of course, disagrees and they have made their argument in an attachment that came with your materials and the applicant, Charlie Armstrong, is actually on the call and able to address questions if he gets to that point.
    • 03:30:42
      But the question before you tonight is not, is two buildings better than three?
    • 03:30:49
      The question is, is it a deviation?
    • 03:30:51
      If it's a deviation,
    • 03:30:54
      There's a process.
    • 03:30:55
      There is a process to then either design the plan as proposed in the development plan or amend the development plan to show the three buildings.
    • 03:31:08
      As you deliberate tonight, keep that in mind.
    • 03:31:10
      You're not making a value judgment on three or two.
    • 03:31:14
      You are making a significant deviation to the development plan.
    • 03:31:21
      With that, I will open it up to any questions or your deliberation.
    • 03:31:27
      With that, thank you.
    • 03:31:28
      Mr. Mitchell.
    • Hosea Mitchell
    • 03:31:33
      You're not going to like a question.
    • 03:31:36
      You're not going to like the question because it's not consistent with where you want us to go, but what is the harm, how is the community harmed by going from three to two?
    • Matt Alfele
    • 03:31:46
      Again, it's not, we're not talking about weird, is it a deviation?
    • 03:31:49
      There would be, if you say this is a deviation, the next step then would be if Mr. Armstrong says, I want to go forward with these three buildings.
    • 03:31:59
      the next step in amending the PUD would be doing an analysis in answering that question.
    • 03:32:05
      Is there harm by doing three or by doing two?
    • 03:32:08
      So that would be the next step.
    • 03:32:10
      So it's kind of this step of just is it a deviation because there is room to say you can make some changes between your PUD development plan and your site plan if it's not a significant deviation.
    • 03:32:25
      So the question is, is it significant?
    • Phil D'Oronzio
    • 03:32:35
      So the question I have and I'm not sure I'm gonna phrase it as a question but
    • 03:32:51
      Really, I mean, before we get to evaluating the harm, I mean, if we're going to talk about what substantial means, I think that's sort of the pointy end of the spear, right?
    • 03:33:03
      What does substantive mean?
    • 03:33:04
      What does deviation mean?
    • 03:33:06
      And then to sort of back in from that an inference of, but for this change, would the planning commissioner or city council have behaved differently?
    • 03:33:21
      from day one to approve it.
    • 03:33:27
      Does it have to be that stark to be significant?
    • 03:33:30
      Or are we dealing with a more subtle set of assumptions and procedures leading forth and not even looking at this example?
    • 03:33:40
      If we assert that this is substantial because
    • 03:33:46
      that in this circumstances and or in others, it has all sorts of secondary impacts.
    • 03:33:52
      Whether or not this particular beast is going to have significant impacts or not, we don't know and we're not going to.
    • 03:33:58
      And my understanding is we're going to make every effort against every instinct we possibly have to not dive into that and perhaps at least partially fail.
    • 03:34:08
      But it would seem to me that the pointy end of the spear is what we're calling
    • 03:34:16
      substantial and what we're calling a deviation.
    • 03:34:19
      And what follows from that is how do we go about defining substantial?
    • 03:34:27
      What does substantial mean?
    • 03:34:29
      Because the applicant went to great lengths to say, look, we're talking about we put everything in two boxes that was in three boxes.
    • 03:34:37
      It's mildly better in a couple of ways.
    • 03:34:40
      Come on.
    • 03:34:44
      But how do we evaluate what substantial means with, you know, where does it end?
    • 03:34:48
      What's, you know, we've had, I mean, I think this is a critically slippery slope as far as what the commission says it's going to do and how applicants respond to it.
    • 03:35:00
      So I don't have any answers.
    • 03:35:01
      I didn't answer a question.
    • 03:35:03
      I just shut my mouth off.
    • Matt Alfele
    • 03:35:05
      Do you want to do anything with that?
    • 03:35:07
      I would just say that it's a fair point and that's what the commission needs to come to.
    • 03:35:12
      I think staff is saying it is significant and staff I think lays out why it is a deviation and why it is a significant deviation.
    • 03:35:23
      Planning Commission, the applicant disagrees with staff so Planning Commission can either agree with staff
    • 03:35:30
      I agree with the applicant.
    • 03:35:31
      There's pass forward for both.
    • 03:35:37
      It's hard not to dive further than that point, but that's really just all the information we need.
    • 03:35:45
      Is it a deviation?
    • 03:35:47
      Is it substantial?
    • 03:35:49
      Let the applicant know which path they need to go down.
    • 03:35:56
      because the other thing I would say is think about it too is the applicants this is an important aspect of their development so under a typical situation you might not have seen this till the end now until we said this is ready to approve and the last time you saw this it was three buildings and staff saying approve it it's two buildings
    • 03:36:13
      we're ready for you to approve the whole site plan so that that's also why you know this is coming to at this stage too because typically we like to bring things when it's at the end but we can't really move forward until this is addressed.
    • SPEAKER_02
    • 03:36:31
      I appreciate staff bringing this to us.
    • 03:36:34
      I mean, I have the same kind of similar question of is it, you know, a deviation or, you know, that is, yeah, deviation and tweak are kind of the same thing, but we're talking about if it's a substantial deviation.
    • 03:36:49
      Substantial self is like the key word.
    • 03:36:53
      And how, I guess it seems like how we subjectively feel about that.
    • 03:37:02
      We're just doing questions to staff right now.
    • 03:37:06
      My only concern is what precedent this sets for future PUD, like this process happening again.
    • 03:37:14
      And does it set a precedent?
    • 03:37:16
      Could we just make up our mind every time based on however we feel?
    • Matt Alfele
    • 03:37:21
      Well, it's a very, this code section is very open-ended.
    • 03:37:26
      So most code sections aren't.
    • 03:37:27
      Like if there's a code section that says,
    • 03:37:31
      I won't use height because that's always a pain.
    • 03:37:32
      But if there's a code section that says your setback is 25 feet and an applicant brings something forward that sets back 15 feet, it's very clear they do not meet the code section.
    • 03:37:45
      This code section does have, is more open-ended to that interpretation of
    • 03:37:52
      significant deviation but I do think that that code section gives you a guide on what determines that through you know and it doesn't hit some of the things it points out density density stays the same it does hit intensity I know this was talked about we almost started talking about it earlier in the meeting but you know what is intensity I think staff would argue if you take the same density that's spread out through three buildings and now it's in two buildings the intensity goes up because you're you're no longer I mean
    • 03:38:21
      You can extrapolate that out into if I had a building that had 100 units in it and then suddenly I had 100 single family homes, wouldn't you think the intensity would be less than that one building with 100 units in it?
    • SPEAKER_02
    • 03:38:34
      That's it for me for now.
    • 03:38:41
      Thank you.
    • 03:38:41
      Mr. President.
    • SPEAKER_27
    • 03:38:44
      So I look at it like this.
    • 03:38:47
      I go to the code.
    • 03:38:49
      The code says in your staff report, any change in use, comma, increase in density slash intensity, and then it goes any substance decrees, any substantial change, any of those things shall be deemed a substantial deviation.
    • 03:39:06
      So I go back to, again, any increase in density or intensity.
    • 03:39:12
      We know that density is not increasing, so I go to intensity.
    • 03:39:15
      And I think you've done a really good job of, you know, kind of answering my esoteric question about how do we define intensity.
    • 03:39:22
      And in just very preliminary reading, it's like sort of how the street, the cars, the people, and the buildings all function together.
    • 03:39:35
      And so, you know, that
    • 03:39:39
      gets me to a pretty succinct conclusion of, yes, it's a change.
    • 03:39:47
      Is it a bad change?
    • 03:39:49
      I don't know, right?
    • 03:39:50
      You're not asking.
    • 03:39:51
      It's not a merit question of, is two buildings better than three?
    • 03:39:58
      But to the question of what you're asking tonight, I would say, yeah.
    • 03:40:03
      And like you say, there's a process for that.
    • Lyle Solla-Yates
    • 03:40:05
      Do you want to take that?
    • Carl Schwarz
    • 03:40:19
      I agree with Commissioner Russell.
    • 03:40:21
      It's a change.
    • 03:40:22
      And I'm looking at it more from a form point, which if this were a PUD where those buildings were on a road and they had three buildings and came in with two instead, I would consider that a change.
    • 03:40:33
      And I'd want to review that.
    • 03:40:35
      So yes, it's a change.
    • Lyle Solla-Yates
    • 03:40:40
      Mr. Stolzenberg.
    • Rory Stolzenberg
    • 03:40:44
      Well, in a sense, I disagree with Commissioner D'Oronzio.
    • 03:40:50
      The code is quite clear that any blah, blah, blah, blah, blah, bunch of factors shall be deemed, shall be deemed a substantial deviation.
    • 03:41:01
      So that it makes clear on what makes us decide what's a substantial deviation.
    • 03:41:05
      It's just whether those preceding factors are met.
    • 03:41:11
      And one of those preceding factors is substantial change.
    • 03:41:15
      So, you know, removing the things that don't change, there's no change in use, there's no change in density.
    • 03:41:21
      There's rather than a decrease in amount of open space, there's an increase in amount of open space.
    • 03:41:27
      Uses and streets don't change.
    • 03:41:30
      We're looking at two things here, which is increase in intensity.
    • 03:41:36
      which is this sort of much more subjective factor than all of the other things which are quantifiable or at least I think most people would say understand which direction they go in or any other substantial change.
    • 03:41:55
      And then it really gets down to what is intensity which Merriam-Webster helpfully defines as the quality or states of being intense.
    • 03:42:07
      But I think it's really helpful to review those other factors, to think about those other factors in deciding what intensity is, since it's so nebulous.
    • 03:42:23
      And what we see here is a net increase in open space, smaller building footprints,
    • 03:42:30
      and you know all those kind of lead me to say though I certainly understand staff's argument and it certainly is extremely subjective but you know we we see a building that's more compact that is you know
    • 03:42:50
      A smaller footprint has less impact on the environment.
    • 03:42:55
      I think all of those things would be factored into any reasonable objective definition of intensity.
    • 03:43:01
      And on net, I don't really see a change in intensity.
    • 03:43:06
      It's maybe a different type of intensity, but it is not an increase
    • 03:43:11
      in intensity.
    • 03:43:13
      And it's interesting, actually, the point about the 100 single family homes versus 100 in one building, I think that was a very useful analogy.
    • 03:43:24
      To me, I think it's really hard to make the argument that 100 single family homes are less intense than all of those in one building.
    • 03:43:32
      You look at Whittier, Alaska, the town where everyone lives in one building, right?
    • 03:43:38
      And if you think about that, but spread out, kind of sprawled across the Alaskan landscape, to me that would be more intense and more impactful on the surroundings and the environment.
    • 03:43:53
      And so, you know, I think in the end I've decided that this is not a substantial deviation because it is a wash in intensity.
    • SPEAKER_06
    • 03:44:12
      Are you going to get intense?
    • SPEAKER_14
    • 03:44:14
      No, happily, this is not in my sandbox, so I'm going to defer.
    • Phil D'Oronzio
    • 03:44:20
      Thank you.
    • 03:44:24
      Yes, sir.
    • 03:44:30
      Looking at this as the precedent issue, if we follow Commissioner Stolzenberg's line of reasoning,
    • 03:44:43
      are we essentially setting up a set of procedures that are going to come into play on future PUDs where people make changes and then we are once again in the same position of having to evaluate each one.
    • 03:44:59
      Well, is this a substantial change or isn't it one?
    • 03:45:04
      and sort of we're sort of setting ourselves up I think for another round in a lot of these things as things come up that are substantial changes if we're going to deem this not significant well there's going to be another question in a future day is this significant or is this not substantial?
    • Matt Alfele
    • 03:45:23
      I don't think you're going to get off the hook for that, though.
    • 03:45:25
      No, I agree.
    • 03:45:26
      I'm saying you don't get off the hook.
    • 03:45:28
      Regardless of what you decide tonight, I don't think you're going to get off the hook.
    • 03:45:31
      Just because of the nature of PUDs being, from a development plan, being more conceptual than engineered.
    • 03:45:39
      So I don't think if you say, if we say this is not a substantial change, it's going to cause an avalanche, I don't see that.
    • 03:45:48
      I think if someone did a PUD, this question is always going to come up regardless of what.
    • 03:45:53
      You answered tonight.
    • Juandiego Wade
    • 03:45:54
      This has come up in the past.
    • Matt Alfele
    • 03:45:57
      Probably two, three years ago there was one that came up.
    • 03:46:01
      There was one four or five years ago that was a little more easier for the Planning Commission.
    • 03:46:05
      It was Grove Street with green roofs.
    • 03:46:08
      So the precedent doesn't bother me because this is an open-ended code section and maybe PDs go away in the new zoning code.
    • SPEAKER_06
    • 03:46:17
      But...
    • Matt Alfele
    • 03:46:20
      That I'm not worried about because you're actually fulfilling kind of your role in this as the reviewing body for site plans related to PUDs.
    • Phil D'Oronzio
    • 03:46:27
      So the second half of that, my statement on that is, but if we're going to hold that it is not, does this not open up the door for more pushing of envelope after the arduous process that you put forth a PUD that you get through and then, well, is this a substantial change or not?
    • 03:46:47
      and do we have a case where as we go into the site planning stages where we have a pushing of the envelope that might dump up against intent of the approval in the first place?
    • Rory Stolzenberg
    • 03:47:00
      Can I address Phil's point?
    • 03:47:03
      I've got some thoughts.
    • 03:47:05
      From the sense of whether or to the extent that it's precedential, I recall that just a few months ago,
    • 03:47:16
      a few months ago, this year I'm pretty sure, we did have a very similar discussion on a change in use.
    • 03:47:24
      This would be more the substantial change from what is shown, right, where the development plan showed a big monolithic
    • 03:47:32
      building, and they wanted to change it to single-family homes, and we landed on, well, as long as you keep it roughly the same use, but you can have, like, smaller apartment buildings, and so for the any other substantial change from what is shown, it seems to me we've already decided that, you know, since that's not directional, right, we've already decided that, you know, changes
    • 03:47:55
      between types of apartment buildings are basically probably okay.
    • 03:48:00
      And then the question goes back to just intensity.
    • 03:48:03
      And it seems to me because this is a relatively minor change to something like massing and it's a relatively minor increase to something like visual massing and a decrease to footprint and a small decrease to, you know, environmental impact.
    • 03:48:18
      and all those factors should be added together to your total intensity value.
    • 03:48:25
      I think you can come to a conclusion that they net out here to basically no change in intensity and that's such a limited set of circumstances, the set of circumstances is so many unique factors all pointing a little bit in one direction that it's probably not super applicable to a substantially different development.
    • Phil D'Oronzio
    • 03:48:45
      So my sort of last repose to that is, but again, back to precedent, we don't know what we don't know.
    • 03:48:52
      What we've got is a picture of two buildings, now we've got a picture of three buildings, now we've got a picture of two buildings.
    • 03:48:59
      We don't know what we don't know.
    • 03:49:00
      It hasn't been subjected to the same sort of evaluation or rigor or timeframe or any of that necessarily.
    • 03:49:06
      You could be 100% right, but
    • 03:49:09
      Do we set ourselves up for a circumstance where we go through that calculus each time, which I'm not necessarily objecting to.
    • 03:49:16
      I'm just saying we're setting ourselves up for that calculus to go through it each time.
    • SPEAKER_27
    • 03:49:19
      Can I say something about intensity?
    • 03:49:21
      Please.
    • 03:49:22
      Because I think actually there's two ways of looking at intensity and, Rory, the example of
    • 03:49:30
      single homes spread out over many acres is an example of low land use intensity or high land use intensity but low personal human intensity and the intensity that we're evaluating as regards to this code I think is the human based
    • 03:49:48
      that you as a human in the environment feel based on your surroundings.
    • 03:49:56
      And that's where I think the, you know, is one building different than, or is two buildings different than three?
    • 03:50:05
      That's where I think that evaluation of intensity is, yes, an increased intensity.
    • 03:50:12
      And just, you know, sort of thinking about precedent,
    • 03:50:17
      I don't know, is there something to the fact that we're now a group that are going to collectively come to, we're going to start to come up with our own language and way of evaluating these things where
    • 03:50:36
      I don't know.
    • 03:50:36
      I think that would be maybe interesting way to see, like, do we start to come up with a shared value system of, yeah, you know what, that's not too much of a, we don't find that to be substantial or not, but maybe we need to sort of, like, learn what that is a little bit moving forward.
    • 03:50:59
      I think it would be beneficial to go through the process, to see the process through, to have the applicant come back.
    • 03:51:07
      That seems like organized and following a process.
    • 03:51:12
      And again, I think it's really, really important to keep in mind that this is not saying you don't
    • 03:51:17
      We don't like the plan that they've shown.
    • 03:51:20
      There may be really good reasons to it, and you may have already listed some, but let's have them show us that.
    • Lyle Solla-Yates
    • 03:51:30
      I do have a question for staff.
    • 03:51:32
      PUDs are a nightmare because they are a combination of health and safety and aesthetics, which leads us into chaotic intervals.
    • 03:51:41
      Are we in health and safety, or are we in aesthetics, or are we in both for this question?
    • Matt Alfele
    • 03:51:46
      I think we're not to that point yet.
    • 03:51:48
      I think we are just, is this a change?
    • 03:51:51
      From an aesthetic perspective or a health and safety perspective?
    • 03:51:55
      Meaning so, if... Is that a substantial change?
    • 03:51:59
      Yeah.
    • 03:52:00
      If Planning Commission says it's not a substantial change, the applicant knows then their process.
    • 03:52:05
      They're going to continue working on the site plan that was submitted under its current layout.
    • 03:52:12
      if Planning Commission says this is a substantial, it is a substantial change and the conversation ends there, the next step for the applicant is to then go through a site plan, a PUD amendment process and there are two PUD amendment processes they can go through.
    • 03:52:27
      There is the full amendment, which is just like getting a new PUD.
    • 03:52:32
      That is where you go through a rezoning, you go through a community engagement meeting, you go through a public hearing planning commission, you go through a decision from city council.
    • 03:52:40
      And then there is the minor amendment, which is administrative
    • 03:52:48
      administered by the director of neighborhood development services and so we're not even to you know that point if planning commission says it is a substantial deviation as in the code then the applicant will need to pursue one of those options not sure which option they would pursue because we were just not to that to that point well it just seems
    • Rory Stolzenberg
    • 03:53:13
      If we were to determine that it's a substantial deviation, it seems a little strange then that the director of NDS would then determine that it's a minor deviation.
    • 03:53:27
      Can something be both substantial and minor?
    • SPEAKER_25
    • 03:53:29
      To the site plan.
    • Rory Stolzenberg
    • 03:53:35
      You would determine that it's a minor deviation, which means and refers to changes of location and design of buildings, structures, streets, parking, blah, blah, blah, which do not materially alter the character or concept of the approved plan of development.
    • 03:53:53
      Should you determine that the requested change constitutes something more than a minor change or deviation, then the owner seeks an amendment pursuant to the whole big long process.
    • Lloyd Snook
    • 03:54:02
      Correct.
    • Rory Stolzenberg
    • 03:54:04
      and while I love to keep this in the abstract, how do we define this extremely subjective word that should not be in the zoning order and it's not fricking defined, the idea, and maybe this is kind of helpful for the gut,
    • 03:54:23
      of what substantive means.
    • 03:54:26
      The idea of going through a whole public process and having public hearings, et cetera, for this change seems like overkill, which maybe is an argument that it's
    • 03:54:39
      Minor.
    • 03:54:39
      And then I'd also add the factors to be considered in determining whether something substantial include but are not limited to the extent of the locational change, which I think we all agree is pretty small, and the expected impact on properties adjacent to the PUD, which may be a sort of a rephrasing of Hosea's question.
    • 03:54:57
      And do we see an expected impact on properties adjacent to the PUD?
    • Matt Alfele
    • 03:55:02
      I would say from a staff standpoint probably yes if you were adjacent to this PUD and you were shown through the whole process three you know moderate scale buildings that step down to duplexes and townhomes and then you're seeing larger to you know a larger building going in that place of those two smaller ones I think that would have an impact on the neighbors
    • Hosea Mitchell
    • 03:55:30
      He's waiting to tell us.
    • Lyle Solla-Yates
    • 03:55:32
      Do I hear other interest in that?
    • 03:55:34
      Can you hear from the applicant?
    • 03:55:38
      Sure.
    • 03:55:38
      Sure.
    • 03:55:39
      Please.
    • SPEAKER_23
    • 03:55:44
      Well, thanks, everybody.
    • 03:55:45
      And I'll warn you, I'm on one earbud.
    • 03:55:50
      Power ran out, so I hope I don't lose you on the other one.
    • 03:55:56
      I think you've really hit the nail on the head already.
    • 03:55:58
      I don't have a whole lot to add.
    • 03:56:01
      It's an intentionally subjective area of the code.
    • 03:56:03
      It's intended for you to decide.
    • 03:56:05
      Every PUD comes back to the Planning Commission to decide if it's substantially conforming.
    • 03:56:11
      Usually it's at the very end of the process, and this is a little...
    • 03:56:19
      I can't tell you what substantial means.
    • 03:56:21
      I think it really needs your gut yes or no reaction on a case by case.
    • 03:56:26
      One thing I would suggest is that this is less intense in some ways.
    • 03:56:31
      It's less total multifamily building mass, less total square footage.
    • 03:56:36
      fewer internal staircases by not having to have the extra two in the extra building allow less total building square footage.
    • 03:56:46
      And since this is probably the least pedestrian area of the site, the land use intensity is probably just as relevant or more so than the pedestrian experience in that far corner of the site.
    • 03:57:00
      And there's much more than two or three buildings in this plan.
    • 03:57:02
      We're talking about one small corner of this 170 home
    • 03:57:06
      site plan, which we're trying to get built and available as quickly as we can.
    • 03:57:13
      And this is the least visible place on the entire 11-acre site.
    • 03:57:17
      It's not visible from Huntley, it's not visible from Strickling Avenue, and it's a couple hundred feet from any other existing structures.
    • 03:57:25
      So I think we're looking at this in the context of the entire proposed community, including the 74 townhomes, along with the multifamily
    • 03:57:34
      units.
    • 03:57:35
      If you're talking about impact to adjacent properties, I still maintain that that is not or very close to.
    • 03:57:44
      Buildings being farther from the creek is better, right?
    • 03:57:47
      So the question is, is that substantial?
    • 03:57:51
      Does it matter that we're farther from the creek in this small amount that we are?
    • 03:57:57
      So that's some of the ordinance guidance that we're given in the code.
    • 03:58:05
      The other thing is should this require a zoning amendment and all of the associated months of staff and public process and delay to being able to produce new homes.
    • 03:58:16
      I'm not saying this process would take as long as the first one, but that one took three to four years for a zoning amendment.
    • 03:58:26
      that's not something to undertake lightly and I think if we're trying to produce housing that needs to be considered so if you think this difference would have made you vote no on the rezoning instead of the unanimous yes that we got clearly that would be substantial but if that whether this was two or three multi-family buildings was not top of your mind when voting yes
    • 03:58:51
      and perhaps it's not substantial.
    • 03:58:54
      So maybe just giving you more questions than answers, but those are my thoughts.
    • 03:58:58
      I look forward to your opinion and decision on it.
    • 03:59:01
      So thanks very much.
    • Lyle Solla-Yates
    • 03:59:02
      Any questions from the applicant?
    • 03:59:06
      Thank you.
    • 03:59:09
      Do you want a motion?
    • 03:59:10
      What are you looking for here?
    • Matt Alfele
    • 03:59:16
      Not a motion because you're not taking up the full site plan.
    • 03:59:19
      So it's more kind of a straw poll.
    • 03:59:21
      If this came back to you at the end, you know, you don't want the applicant to suddenly find out, you know, this is basically what you're kind of, if you're agreeing with staff or overruling staff.
    • 03:59:35
      So just so we can move forward.
    • SPEAKER_26
    • 03:59:37
      Okay.
    • Lyle Solla-Yates
    • 03:59:39
      That makes sense.
    • 03:59:39
      Let's, Ms.
    • 03:59:40
      Grease, would you call the roll and say agree or overrule?
    • SPEAKER_27
    • 03:59:44
      Can you, whoa, whoa, whoa, what, that's a, how does that relate to what he's asking of from us?
    • Rory Stolzenberg
    • 03:59:50
      Maybe substantial or not substantial?
    • 03:59:52
      Oh, okay.
    • 03:59:53
      Substantial.
    • SPEAKER_27
    • 03:59:54
      Substantial or not substantial.
    • 03:59:56
      Substantial or not, thank you.
    • Hosea Mitchell
    • 03:59:58
      Substantial or deviation or not is substantial?
    • 04:00:01
      Yes.
    • Rory Stolzenberg
    • 04:00:04
      Give us a definition of intensity order.
    • Matt Alfele
    • 04:00:08
      Or just the one instead of both, just so you know you're all on the same page.
    • 04:00:11
      Is two buildings opposed to three on the approved PUD development plan a substantial deviation?
    • 04:00:23
      And that way you can just say yes or no.
    • SPEAKER_20
    • 04:00:27
      Everyone understood the question.
    • Hosea Mitchell
    • 04:00:29
      Yeah, I did.
    • SPEAKER_02
    • 04:00:30
      But there's context of, like, the mass, the density, and the height, and everything's the same, right?
    • Matt Alfele
    • 04:00:37
      So just as a commission, just for your... This was, I believe, comment number...
    • 04:00:52
      comment number 14 in a comment letter that went back to the applicant.
    • 04:00:56
      So as commission, you can say that are replacing the three buildings as shown on the approved PUD development plan with two buildings.
    • 04:01:08
      Is that a substantial deviation from the PUD development plan?
    • Phil D'Oronzio
    • 04:01:14
      Is that a substantial yes or substantial no?
    • Matt Alfele
    • 04:01:18
      So if you say yes, it's going back through the whole process.
    • Carl Schwarz
    • 04:01:22
      If you say yes, you're saying it's a substantial deviation.
    • 04:01:25
      If you say no, they proceed on to their site plan.
    • Phil D'Oronzio
    • 04:01:28
      I just wanted to get as succinct as possible.
    • 04:01:30
      Substantial yes or substantial no.
    • 04:01:32
      Do we agree?
    • 04:01:33
      Yes.
    • Carl Schwarz
    • 04:01:34
      Please call them.
    • SPEAKER_20
    • 04:01:36
      All right.
    • 04:01:37
      Mr. Schwartz.
    • Carl Schwarz
    • 04:01:38
      You've changed my mind.
    • 04:01:39
      It is not a substantial change.
    • SPEAKER_20
    • 04:01:42
      Mr. D'Oronzio.
    • Phil D'Oronzio
    • 04:01:44
      Substantial yes.
    • SPEAKER_20
    • 04:01:46
      All right.
    • 04:01:47
      Mr. Stolzenberg.
    • Rory Stolzenberg
    • 04:01:49
      Not substantial.
    • SPEAKER_20
    • 04:01:51
      Mr. Hrabapp?
    • Rory Stolzenberg
    • 04:01:52
      Not substantial.
    • SPEAKER_20
    • 04:01:53
      Mr. Mitchell?
    • 04:01:54
      Not substantial.
    • 04:01:56
      Ms.
    • 04:01:57
      Russell?
    • 04:01:57
      Yes, substantial.
    • 04:01:59
      And Mr. Solla-Yates?
    • Lyle Solla-Yates
    • 04:02:00
      Not substantial.
    • 04:02:01
      But thank you for bringing the question.
    • 04:02:03
      Okay.
    • 04:02:04
      That's a close one.
    • SPEAKER_23
    • 04:02:04
      Thank you very much.
    • Lyle Solla-Yates
    • 04:02:06
      I changed my mind a few times.
    • SPEAKER_26
    • 04:02:09
      Thank you.
    • Lyle Solla-Yates
    • 04:02:11
      Thank you all.
    • 04:02:11
      I believe we have covered everything that was on the agenda.
    • 04:02:14
      Is there anything remaining you want to discuss before we close?
    • Carl Schwarz
    • 04:02:16
      Can Intensity not be in the new zoning code?
    • Lyle Solla-Yates
    • 04:02:19
      Second.
    • 04:02:20
      John Zantoski, we would kill for UDs.
    • 04:02:24
      We've got to do it.
    • Phil D'Oronzio
    • 04:02:27
      Boss, having a further conversation, I would like to move that we get out of here.
    • Lyle Solla-Yates
    • 04:02:33
      Can I have a second?
    • Phil D'Oronzio
    • 04:02:33
      Second.
    • Lyle Solla-Yates
    • 04:02:35
      Let's close.
    • 04:02:35
      Thank you very much all.