Meeting Transcripts
  • City of Charlottesville
  • Planning Commission Meeting 1/10/2023
  • Auto-scroll

Planning Commission Meeting   1/10/2023

Attachments
  • Planning Commission Regular Meeting Agenda
  • Planning Commission Regular Meeting Agenda Packet
  • Planning Commissioner Regular Meeting Minutes
    • SPEAKER_04
    • 00:08:35
      I'd like to start the joint meeting of the Senate Commission and the City Council.
    • 00:08:39
      Mr. Mayor, is the Council in order?
    • 00:08:42
      Yes, we are.
    • 00:08:43
      Thank you.
    • 00:08:44
      You're going to have to separate those guys.
    • 00:08:47
      We'll pass notes.
    • 00:08:47
      I think we're looking at SG22.0011, Greenock Brewery Expansion.
    • SPEAKER_03
    • 00:08:51
      Rainey, are you starting to talk?
    • SPEAKER_18
    • 00:09:07
      Good evening, Carrie Rainey, City Planner with Neighborhood Development Services.
    • 00:09:12
      Scott Roth of Three Notch Brewery has requested a special use permit for 522 2nd Street Southeast to expand the existing brewery from 15,000 barrels per year of production up to 30,000 barrels per year of production, which is our small brewery use category.
    • 00:09:29
      The applicant has confirmed that no physical changes are currently proposed in order to support the expansion.
    • 00:09:37
      The narrative notes that currently 13 tractor trailers visit the site weekly to both pick up products for distribution and also deliver raw materials.
    • 00:09:46
      However, many of the tractor trailers are underutilized and thus the applicant estimates only six additional tractor trailers will be needed to access the site as a result of the increase in production.
    • 00:09:57
      Smaller trucks are currently utilized daily to pick up spent grain, and this will continue if additional production is permitted.
    • 00:10:04
      The traffic engineer has confirmed that he does not have any concerns with the increase in traffic created by the expanding brewery production.
    • 00:10:11
      The proposed development will necessarily result in some increased demand on physical facilities and services provided.
    • 00:10:19
      The assistant fire marshal has confirmed that there are no concerns with potential impacts due to the brewery expansion.
    • 00:10:25
      The preliminary review of the proposal indicates the city's existing water and sewer facilities are generally adequate to serve the proposed development.
    • 00:10:35
      However, the additional biological oxygen demand generated by the
    • 00:10:40
      Brewery expansion may require modification to the facilities on the subject property to address additional impacts to sanitary sewer treatment facilities.
    • 00:10:50
      You'll find later on that SAP has recommended a condition to be placed on the SUP should it be approved to ensure facilities are upgraded as necessary to address the additional impacts.
    • 00:11:00
      The 2021 comprehensive plan future land use map designates the subject property as urban mixed use node.
    • 00:11:07
      All adjacent properties, with the exception of Crescent Halls, are also designated urban mixed use node.
    • 00:11:13
      Crescent Halls is designated as higher intensity residential.
    • 00:11:17
      The comprehensive plan describes the urban mixed use node designation as urban mixed use districts that support community housing, employment, and commercial development.
    • 00:11:27
      The plan recommends a mix of uses in the same building, which are encouraged in up to 10 stories in height.
    • 00:11:34
      The higher intensity residential designation is recommended to provide opportunities for higher density, multi-family focused development.
    • 00:11:42
      That leaves the Rory expansion aligned with the urban mixed use node category and will not have an adverse impact on the adjacent higher intensity residential area.
    • 00:11:52
      The proposed brewery expansion also aligns with several goals of the 2021 comprehensive plan, which speaks to a desire to promote economic variety and the growth of existing businesses, particularly within areas designated for mixed use in the future land use map.
    • 00:12:10
      This includes the future land use map planning objective to ensure long-term economic sustainability of the city by planning for a wide variety of commercial land use types
    • 00:12:20
      as well as the objective for mixed use areas to include facilitating economic activity in the city and ensuring the availability of sites for incremental business growth and expansion.
    • 00:12:31
      This also includes strategy 1.2, the sub strategy which is facilitate economic activity and existing in new areas of mixed use opportunity as identified in the updated feature land use map and ensure the availability of sites for business growth and expansion.
    • 00:12:49
      The proposal also aligns with Goal 2 of the Economic Prosperity and Opportunity Chapter, which is to generate, recruit, and retain successful businesses and jobs, as well as Strategy 4.4 to encourage the development of the city's key commercial corridors and surrounding sites, including current commercial corridors and mixed-use corridors and nodes as identified on the future land-use map.
    • 00:13:13
      In addition to strategy 4.5, partner with internal and external stakeholders to implement the strategic area investment plan.
    • 00:13:21
      The proposal aligns with the Strategic Investment Area Plan, SIA Plan, which proposes 2nd Street Southeast as a retail corridor and encourages incremental change to meet the goals of the plan.
    • 00:13:33
      The proposal specifically aligns with the priority action items, one, to encourage local serving retailers to locate in the SIA, and two, to increase opportunities for jobs located in the SIA.
    • 00:13:47
      Staff finds the proposed brewery expansion will further several goals of the 2021 comprehensive plan, as well as the 2013 strategic investment area plan, aligns with the future land use map and will not create an adverse impact to the community.
    • 00:14:01
      Staff recommends the planning commission recommend the application for approval with the following condition.
    • 00:14:06
      Number one, no expanded brewery production beyond 15,000 barrels per year is permitted on the subject property until A, the utilities department confirms existing sanitary sewer facilities can adequately handle the increased biological oxygen demand generated by the expansion and brewery production, or B, facilities on the subject property are upgraded to address the increased biological
    • 00:14:30
      oxygen demand, and the utilities department confirms the upgraded facilities will adequately handle the increased demand.
    • 00:14:37
      I'm happy to answer any questions, and Mr. Roth, our applicant, is also available to answer questions as well.
    • SPEAKER_08
    • 00:14:42
      Thank you.
    • 00:14:43
      Mr. Mitchell, do you want to share something?
    • 00:14:45
      Yes.
    • 00:14:46
      I'm going to quickly and slowly share.
    • SPEAKER_02
    • 00:14:49
      I've already shared this with the secretary and the chair.
    • 00:14:52
      I have a small stake in champion, and I'm one of the board of directors.
    • 00:14:58
      champion may be considered a competitor, but I think I'm able to deliberate without bias and barely.
    • SPEAKER_04
    • 00:15:08
      Thank you.
    • 00:15:09
      Do you have questions for staff?
    • 00:15:14
      Mr. Mitchell, do you have questions for staff on this?
    • 00:15:17
      Oh, yeah.
    • 00:15:17
      Thank you very much.
    • 00:15:20
      Mr. D'Oronzio?
    • 00:15:21
      I have no questions.
    • 00:15:23
      Mr. Russell?
    • SPEAKER_13
    • 00:15:24
      I asked a question in our pre-meeting and that would just be helpful for the public to understand or clarification on what the biological oxygen demand is.
    • SPEAKER_18
    • 00:15:36
      Sure.
    • 00:15:36
      So biological oxygen demand is a water quality parameter, which refers to the amount of oxygen required by organisms to break down organic matter in the treated water.
    • 00:15:49
      So basically breweries are one of the uses that may put in additional elements into
    • 00:15:54
      our sanitary sewer treatment facilities that require additional oxygen to break down, and our utilities department is currently doing testing to confirm whether there's adequacy at our facilities to handle that or if additional measures are needed.
    • 00:16:07
      Thanks.
    • 00:16:07
      No other questions?
    • 00:16:09
      Mr. Schwarz?
    • SPEAKER_04
    • 00:16:09
      No.
    • 00:16:09
      Mr. Schultz?
    • 00:16:09
      No.
    • SPEAKER_18
    • 00:16:09
      Mr. Schultz?
    • SPEAKER_04
    • 00:16:09
      No.
    • 00:16:09
      Mr. Schultz?
    • 00:16:10
      No.
    • 00:16:10
      Mr. Schultz?
    • 00:16:10
      No.
    • 00:16:11
      Mr. Schultz?
    • 00:16:11
      No.
    • 00:16:11
      Mr. Schultz?
    • 00:16:13
      No.
    • 00:16:13
      Mr. Schultz?
    • 00:16:13
      No.
    • 00:16:13
      Mr. Schultz?
    • 00:16:14
      No.
    • 00:16:14
      Mr. Schultz?
    • 00:16:14
      No.
    • 00:16:14
      Mr. Schultz?
    • 00:16:16
      No.
    • 00:16:16
      Mr. Schultz?
    • 00:16:16
      No.
    • 00:16:17
      Mr. Schultz?
    • 00:16:17
      No.
    • 00:16:17
      Mr. Schultz?
    • 00:16:18
      No.
    • 00:16:18
      Mr. Schultz?
    • 00:16:18
      No.
    • 00:16:18
      Mr. Schultz?
    • 00:16:19
      No.
    • SPEAKER_04
    • 00:16:19
      Mr. Schultz?
    • 00:16:20
      No.
    • 00:16:20
      Mr. Schultz?
    • 00:16:20
      No.
    • 00:16:21
      Mr. Schultz?
    • 00:16:21
      No.
    • 00:16:21
      Mr. Schultz?
    • 00:16:21
      No.
    • 00:16:21
      Mr. Schultz?
    • 00:16:21
      No.
    • 00:16:22
      Mr. Schultz?
    • 00:16:22
      No.
    • SPEAKER_17
    • 00:16:22
      Mr
    • SPEAKER_04
    • 00:16:23
      Let's hear from the evidence.
    • 00:16:33
      Good evening, everyone.
    • SPEAKER_19
    • 00:16:35
      I don't think I can say it much better than she just did, but no, we're just excited to expand.
    • 00:16:42
      We won't go to 30,000 barrels anytime soon, but we're getting close to that threshold of 15,000, which was always kind of a talking point for us.
    • 00:16:50
      Please identify yourself for the public.
    • 00:16:51
      What's that?
    • 00:16:52
      Please identify yourself for the public.
    • 00:16:53
      Oh, I'm sorry.
    • 00:16:53
      Scott Roth, the president and founder of Three Notched.
    • 00:16:55
      Thank you.
    • SPEAKER_06
    • 00:16:56
      Yeah.
    • SPEAKER_19
    • 00:16:57
      So when we took over the H property, that was part of our original discussion about potentially getting to this threshold and
    • 00:17:03
      This has kind of been on our radar for the last couple of years, and it's time to, you know, potentially make the jump because hopefully we'll exceed that number sometime next year.
    • SPEAKER_04
    • 00:17:12
      Thank you.
    • 00:17:15
      Questions for the applicant?
    • 00:17:16
      Mr. Mitchell?
    • 00:17:16
      Nope.
    • SPEAKER_04
    • 00:17:17
      Mr. Doranthia?
    • 00:17:18
      Yes, sir.
    • 00:17:19
      Ms.
    • 00:17:19
      Russell?
    • 00:17:20
      No.
    • 00:17:21
      Mr. Schwartz?
    • 00:17:22
      Nope.
    • 00:17:23
      Mr. Stolzenberg?
    • Rory Stolzenberg
    • 00:17:25
      I have one question, maybe two questions.
    • 00:17:29
      I'll start with the first.
    • 00:17:31
      So I noticed yesterday you guys have a new non-alcoholic beer.
    • 00:17:37
      Is that counted in this total production amount?
    • SPEAKER_19
    • 00:17:41
      It would be for now.
    • 00:17:44
      We're going to be moving most of the production of that product down to our new facility in Nelliesford.
    • 00:17:50
      So that won't factor into the equation next year necessarily, but for now it is.
    • SPEAKER_06
    • 00:17:55
      Okay, fair.
    • Rory Stolzenberg
    • 00:17:56
      The other question I asked because one of our standards of review is odor, adverse effect of odor.
    • 00:18:03
      When you guys are brewing, there's certainly a distinct malty smell in the sidewalk around there.
    • 00:18:13
      Whether it's a bad smell, I guess it's up to the smeller.
    • 00:18:22
      like a filter to like, like an odor filter, like a normal thing or that like breweries when they get figuratively install or is that like an onerous thing or expensive thing to do?
    • SPEAKER_19
    • 00:18:36
      I have never heard of anybody installing that.
    • 00:18:39
      I will say that the odor will not become more concentrated or stronger in any capacity.
    • 00:18:45
      We can only brew 20 barrels of beer at a time.
    • 00:18:47
      So it's really just the frequency with which we would be brewing that would increase.
    • 00:18:51
      So there's not going to be any more potency to it than what is currently experienced, if that makes sense.
    • 00:18:59
      So that would be, I think, my only comment around that.
    • 00:19:01
      I don't know that there'd be a great way to mitigate the wart smell.
    • 00:19:06
      which I happen to like.
    • 00:19:08
      I do too.
    • Rory Stolzenberg
    • 00:19:10
      I've met some people who don't, but I never stopped them from drinking my beer.
    • SPEAKER_04
    • 00:19:17
      Thanks.
    • 00:19:17
      No more questions.
    • 00:19:18
      Okay.
    • 00:19:19
      Mr. Palmer?
    • 00:19:21
      I don't have any questions, thanks.
    • 00:19:23
      I'll follow the council.
    • 00:19:24
      I see that you are here.
    • 00:19:25
      Mr. Payne, do you have questions for the staff or the applicant?
    • 00:19:30
      No.
    • 00:19:33
      Mr. Peekster.
    • 00:19:35
      No, sounds like a good project.
    • 00:19:38
      Mayor Snow.
    • 00:19:39
      No questions for me.
    • 00:19:41
      Mr. Wade?
    • 00:19:41
      No, sir.
    • 00:19:43
      I should have asked apologies.
    • 00:19:45
      As for me, very clear.
    • 00:19:46
      Thank you.
    • 00:19:47
      Okay.
    • 00:19:50
      I would like to make a motion.
    • 00:19:51
      I would like to make a motion.
    • 00:19:53
      Oh, oh, oh, sorry.
    • 00:19:54
      Please hear from the public at this time.
    • SPEAKER_11
    • 00:20:00
      Right.
    • 00:20:00
      It's time for a public hearing.
    • 00:20:03
      We'll do as we do with our speaking.
    • 00:20:05
      We'll ask for any speakers within the physical audience to go first, and then we'll go to our virtual audience and alternate back and forth as we go.
    • 00:20:18
      Each speaker has three minutes to speak.
    • 00:20:22
      I will ask in the room if we have anyone who's interested in speaking.
    • 00:20:29
      All right, we don't see anyone at this time.
    • 00:20:31
      And our virtual audience, we have a hand raised.
    • 00:20:37
      Ms.
    • 00:20:37
      Robin Huffman, you are able to speak.
    • SPEAKER_00
    • 00:20:43
      So I have two questions for the brewery.
    • 00:20:47
      First one is, I understood like a while back that if there's a drought, that the beer
    • 00:20:56
      making doesn't really cause a strain on the water count or the reservoir or whatever.
    • 00:21:04
      I'm wondering if that's still true.
    • 00:21:07
      And secondly, there is a hemp filter that goes in these green whatever they're called.
    • 00:21:18
      I don't even know what they're called.
    • 00:21:20
      You know, where they actually manufacture hemp products like CBD.
    • 00:21:26
      and one of them is at the Shenandoah facility in Elkton, if you want to find out about it, but the town also had a problem with that smell and they were able to use this technology that doesn't allow any of the odor to go into the public, so you might want to look at that.
    • SPEAKER_11
    • 00:21:56
      All right, I'll just check again if any physical, anyone physically here?
    • 00:22:02
      No.
    • 00:22:03
      Do we have any virtual speakers?
    • 00:22:05
      If so, please raise your hand virtually.
    • 00:22:07
      All right, Chair, we feel safe to have any more speakers.
    • SPEAKER_04
    • 00:22:14
      Thank you very much.
    • 00:22:16
      Deliberations, if we could, starting with Mr. Mitchell.
    • 00:22:20
      I just want to talk about it.
    • 00:22:23
      Looking around the room.
    • SPEAKER_02
    • 00:22:28
      The motion would be, I move to recommend approval of application SP22-00011 with the conditions 1.A and 1.B outline on page 13 of the staff report.
    • 00:22:40
      I will second with an amendment to 1.A, 1 and 2.
    • 00:22:42
      What did I say?
    • 00:22:43
      A and B. Oh, well.
    • SPEAKER_04
    • 00:22:59
      discussion on this motion.
    • 00:23:03
      I'd just say congratulations on your success and expansion.
    • 00:23:07
      Thank you.
    • SPEAKER_13
    • 00:23:07
      I would add appreciation for keeping your business in the city and not moving to the county understate.
    • SPEAKER_19
    • 00:23:16
      This is a big part of that.
    • 00:23:17
      Thank you.
    • SPEAKER_04
    • 00:23:17
      Except for all that I just heard about Nellie's fur.
    • 00:23:19
      Totally different animal.
    • 00:23:26
      out of vote.
    • 00:23:28
      Chris, would you please call the roll?
    • SPEAKER_11
    • 00:23:29
      Sure.
    • 00:23:30
      Mr. Schwartz?
    • SPEAKER_04
    • 00:23:31
      Yes.
    • SPEAKER_11
    • 00:23:32
      Mr. D'Oronzio?
    • SPEAKER_04
    • 00:23:33
      Aye.
    • SPEAKER_11
    • 00:23:34
      Mr. Stolzenberg?
    • SPEAKER_04
    • 00:23:35
      Aye.
    • SPEAKER_11
    • 00:23:37
      Mr. Mitchell?
    • SPEAKER_04
    • 00:23:38
      Yes.
    • SPEAKER_11
    • 00:23:39
      Ms.
    • 00:23:39
      Russell?
    • 00:23:39
      Aye.
    • 00:23:40
      And Mr. Solitz?
    • SPEAKER_04
    • 00:23:41
      Yes.
    • 00:23:45
      Good luck in your future pursuits.
    • 00:23:46
      Thank you very much.
    • 00:23:46
      Thank you.
    • 00:23:48
      Good evening.
    • 00:23:57
      616, we're on fire.
    • 00:24:03
      I'd like to turn to the 250 bypass for public hearing.
    • 00:24:07
      Who's speaking to us on the stage?
    • 00:24:09
      Mr. O'Connell.
    • 00:24:10
      Mr. O'Connell, please.
    • SPEAKER_15
    • 00:24:13
      Good evening, everyone.
    • 00:24:15
      I'm Daniel O'Connell.
    • 00:24:16
      I'm a city planner with NDS, and tonight I'll be presenting an application submitted by Scott Hendricks, who is Senior Project Manager for the Charlottesville Public Works, for a special use permit to allow for a new city fire station.
    • 00:24:30
      The subject property, I believe the technical address is 345 U.S.
    • 00:24:34
      250 bypass.
    • 00:24:36
      For this request, this property is owned by the City of Charlottesville, and it includes McIntyre Park, the Brooks family YMCA, and the existing city fire station number one.
    • 00:24:46
      The applicant is proposing to construct a new 8,000 square foot station to the south of the existing fire station on the same parcel.
    • 00:24:55
      Subject property co-locates several park and amenity spaces, including McIntyre Park, Vietnam Memorial, Greenleaf Park, the YMCA and McIntyre Little League ball fields, and the Charlottesville skate park.
    • 00:25:09
      Surrounding parcels are developed with single family residential uses, as well as two public schools.
    • 00:25:14
      The subject property is currently zoned R1 single-family residential.
    • 00:25:19
      Under the R1 zoning classification, municipal offices or other government buildings are permitted only with a special use permit.
    • 00:25:26
      The current fire station number one is, we believe, a legal non-conforming use as it was constructed with no special use permit on file for the site.
    • 00:25:35
      The comprehensive plan's future land use map designates the subject property for open spaces and parks.
    • 00:25:41
      Open spaces and parks are specified to include both public and private spaces, but no density form or use restrictions are specified.
    • 00:25:50
      After review, staff finds that the proposed use is consistent with the future land use map and harmonious with the existing patterns of use within the neighborhood.
    • 00:25:59
      The proposed redevelopment addresses several of the 2021 comprehensive plan's goals regarding efficient planning for public infrastructure and improving city fire and emergency medical services.
    • 00:26:10
      The proposed new fire station will be a LEED certified building with improved accommodations and workplace safety provisions for city fire department and EMS personnel.
    • 00:26:19
      The facility will permit the growth and expansion of the city's emergency response services and can accommodate both firefighting and EMS services from a single facility.
    • 00:26:29
      The proposed additional use would result in a reduction of public open space within the city.
    • 00:26:34
      However, the wooded area proposed for the development is not utilized for any active or passive recreational uses and construction of the new station would not interfere with the nearby trails connecting Charlottesville High School to the YMCA and the Greater Rivanna trail system.
    • 00:26:50
      So staff recommends that the request for a fire station could be approved with one condition, and the condition is that prior to site plan approval, the existing stub road accessing the property shall be vacated from the city right of way.
    • 00:27:02
      This was something that came up in our review.
    • 00:27:04
      It's sort of a minor administrative thing, but just a question of setbacks for this site.
    • 00:27:09
      The current design is compliant with required setbacks for R1 zoning, but just to make sure that's clear in the future, we would ask that the stub row, which is currently part of the right-of-way, just is deeded out and just becomes regular city property.
    • 00:27:24
      With that, I'll be happy to take any questions.
    • 00:27:26
      The applicant is here as well, and also a critical slope waiver has been requested for this site as well, so I can present to that too.
    • SPEAKER_02
    • 00:27:34
      Now, Mr. Mitchell, questions about the applicant?
    • 00:27:36
      What's going on when it happened to the existing fire station?
    • SPEAKER_15
    • 00:27:41
      For now, it will remain in use to provide firefighting services.
    • 00:27:46
      To date, I don't think it has been cited exactly on what the building will be used for after the new station is completed.
    • 00:27:53
      The applicant might be able to speak further on that if there's been a decision on that.
    • SPEAKER_02
    • 00:27:58
      If you know, that'd be helpful.
    • 00:28:01
      I think you've asked to answer
    • 00:28:06
      That's going to continue to exist.
    • 00:28:07
      It's still going to be city.
    • 00:28:08
      Property is still going to be maintained by the city.
    • 00:28:12
      And that's still going to be used as an entrance and exit.
    • 00:28:21
      The applicant.
    • 00:28:23
      In the applicant's application, section 1.5, the application was written on September 15th.
    • 00:28:34
      It suggests that the design team is going to continue to work with the city to mitigate the loss of trees.
    • 00:28:42
      Has any more work been done on that since back in September?
    • 00:28:47
      Have we moved?
    • 00:28:49
      Has it evolved?
    • 00:28:50
      Do we know more about saving more trees?
    • 00:28:53
      Or should I ask?
    • SPEAKER_15
    • 00:28:55
      I don't think any more work has been submitted on that other than what's been provided in the application.
    • SPEAKER_02
    • 00:29:02
      So when do we...
    • 00:29:04
      When do we reap the benefit of that additional thinking?
    • SPEAKER_15
    • 00:29:09
      Well, there will be landscaping requirements as part of site plan review.
    • 00:29:12
      So if this use permit is approved, they would have to submit a final site plan to the city.
    • 00:29:17
      And I believe that would come back to the Planning Commission for approval as well.
    • SPEAKER_04
    • 00:29:24
      Mr. Ronson, questions for staff?
    • 00:29:26
      No, sir.
    • 00:29:28
      Who's up?
    • SPEAKER_13
    • 00:29:30
      The...
    • 00:29:33
      Staff Report mentioned a community meeting.
    • 00:29:36
      Can you summarize if any changes or anything came up?
    • 00:29:42
      You summarized that there were some questions, but did anything significant come from that conversation?
    • SPEAKER_15
    • 00:29:47
      No, I don't think any changes were made to the plan.
    • 00:29:50
      The public seemed supportive, those who were in attendance, and it was mostly questions about removal of trees, any impacts to the parks or the trail systems, and LEED certification, how green the building would be.
    • 00:30:03
      No questions.
    • SPEAKER_04
    • 00:30:05
      No questions.
    • 00:30:06
      Thank you.
    • 00:30:07
      Mr. Schwarz?
    • 00:30:08
      No.
    • 00:30:10
      Mr. Stolzenberg?
    • Rory Stolzenberg
    • 00:30:12
      Yeah, so, well, I find this whole process very strange because we're asking ourselves permission to do things.
    • 00:30:19
      Yeah.
    • 00:30:22
      pretending, I guess, that the applicant is not going to do whatever they more or less want because they are us.
    • 00:30:31
      I have concerns about the stubbed road condition.
    • 00:30:36
      At the moment, council is at an impasse, agonizing over any vacation of any road or right away of any kind with no clear end date in sight.
    • 00:30:52
      So if we have it as a condition and are not able to do it for various reasons or it's delayed or whatever, that holds up this whole redevelopment, right?
    • 00:31:04
      But if we don't have it as a condition, the applicant who is the city can still do it if we, the city, feel like it's a good thing to do.
    • SPEAKER_11
    • 00:31:12
      My plan wouldn't be compliant with the code, though.
    • 00:31:16
      Oh, so it was a setback concern.
    • 00:31:19
      That's why it was.
    • Rory Stolzenberg
    • 00:31:20
      Oh, so when you say this, it's compliant setback wise, that's only to 250 and not to the stub road.
    • SPEAKER_15
    • 00:31:28
      Well, to our review and knowledge, it is compliant regardless of what the stub road is or is not.
    • 00:31:35
      It was mostly just a kind of a question of, you know, removing this legal technicality that could cause a problem in the future.
    • Rory Stolzenberg
    • 00:31:44
      Yeah, I mean, I'm all for, like, the general concept of vacating it.
    • 00:31:47
      That seems fine to me.
    • 00:31:49
      I'm just worried about adding it as a condition just in case they can't figure out right of my vacations in the next possibly two years.
    • SPEAKER_15
    • 00:32:01
      Yeah, the condition is kind of like a housekeeping measure.
    • 00:32:04
      It should not impact the zoning compliance of the property.
    • Rory Stolzenberg
    • 00:32:09
      Okay, so if we don't make it a condition, you'll still nudge them to do it when they
    • SPEAKER_04
    • 00:32:14
      Smith.
    • 00:32:14
      Yeah.
    • 00:32:18
      Mr. Palmer, do you have thoughts on this one?
    • 00:32:21
      Just a clarification from my understanding.
    • 00:32:24
      You mentioned EMS would be run out of there as well as fire.
    • 00:32:28
      Does that in any way consolidate what's down the road on McIntyre Road?
    • SPEAKER_15
    • 00:32:36
      I'm not sure on that, but the applicant might be able to speak better on that.
    • SPEAKER_04
    • 00:32:46
      Nothing from me.
    • 00:32:47
      My understanding is that Parks is good with this.
    • 00:32:50
      Yep.
    • 00:32:52
      Mr. Payne.
    • SPEAKER_22
    • 00:32:54
      I guess the only question, the obvious one, just how many, do you know how many trees are planned to be disturbed or how much of McIntyre Park are planned to be disturbed in order to pursue this new design?
    • SPEAKER_15
    • 00:33:06
      I think the limits of disturbance is around 0.8 acres, so a little less than one acre.
    • SPEAKER_05
    • 00:33:13
      Mr. Pinkston.
    • 00:33:15
      Yeah, I didn't realize we were in a process of agonizing over anything.
    • 00:33:18
      It does remind me that things are a lot about that.
    • 00:33:22
      Oh, I've watched it.
    • 00:33:23
      It's agonizing or agonizing.
    • 00:33:27
      Yeah, no.
    • 00:33:29
      Sorry.
    • 00:33:31
      Great presentation, great project.
    • 00:33:34
      We funded it.
    • 00:33:34
      Looking forward to seeing it happen.
    • 00:33:36
      So I don't have any further.
    • SPEAKER_04
    • 00:33:37
      Thank you.
    • 00:33:38
      You guys know?
    • SPEAKER_03
    • 00:33:42
      If it will help Mr. Stolzenberg at all, the counselor who is most agonizing over this issue will not be agonizing over it further.
    • 00:33:49
      I don't have any questions.
    • 00:33:53
      Thank you.
    • 00:33:54
      We've funded it already in the capital improvement program, so obviously we want to make sure that the site works and all the rest of that stuff, but we need it done.
    • 00:34:03
      Mr. Wade, no comment.
    • SPEAKER_04
    • 00:34:06
      Thank you.
    • SPEAKER_05
    • 00:34:08
      I'm sorry.
    • 00:34:09
      Is the critical slopes piece part of this or just separate?
    • 00:34:13
      Is that a separate vote in a separate conversation?
    • 00:34:16
      Thank you.
    • SPEAKER_11
    • 00:34:16
      I believe it's the same conversation.
    • 00:34:20
      There would be two votes.
    • SPEAKER_04
    • 00:34:22
      Yes.
    • 00:34:23
      My understanding is this is the conversation.
    • 00:34:24
      So if you have questions for us.
    • 00:34:27
      Is that true?
    • 00:34:28
      It's true.
    • SPEAKER_11
    • 00:34:30
      Mr. McConnell is prepared to do it now or later, whatever you all prefer.
    • SPEAKER_15
    • 00:34:37
      All righty then.
    • 00:34:38
      So in order to accommodate the proposed fire station, the applicant is proposing to disturb critical slopes as defined in our critical slope ordinance.
    • 00:34:47
      The fire department wishes to keep the existing fire station in operation until its replacement is completed.
    • 00:34:52
      So the new building will be located to the south of the existing intersection along the bypass and encroaching into nearby critical slopes.
    • 00:35:00
      Nearby critical slopes run parallel to the 250 bypass and around the existing stub road and fire station as depicted in the map in your staff reports.
    • 00:35:09
      In evaluating their waiver request, city staff is in general agreement with the applicant's justification for a waiver approval under finding number two.
    • 00:35:17
      Critical slopes surround the subject property along nearly its entire frontage with a 250 bypass.
    • 00:35:22
      This unbroken critical slope area makes additional access to the property via the bypass or existing stub road impossible without causing some disturbance.
    • 00:35:32
      The existing fire station number one will be kept in service until the replacement building is completed.
    • 00:35:36
      Requiring the existing station to be demolished and replaced to avoid the critical slope area would unreasonably restrict the use of the property for providing public firefighting service.
    • 00:35:46
      Constructing the new station further to the east would require additional land disturbance and tree removals to extend the access roadway and cross an existing drainage area.
    • 00:35:56
      The proposed location south of the existing station allows for a compact
    • 00:36:00
      one-story design that reuses existing parking and road areas, minimizing tree removal and impervious construction.
    • 00:36:08
      Regarding negative impacts to consider, development of the site will result in some loss to the existing mature tree canopy.
    • 00:36:14
      However, the proposed fire station has been designed to minimize on-site land disturbance and will not negatively impact the adjacent public trails.
    • 00:36:22
      Alternative building sites on the subject property would involve additional land disturbance, tree removals, and trail closures or relocations.
    • 00:36:30
      and staff have no recommended conditions for this waiver request.
    • SPEAKER_04
    • 00:36:35
      Mr. Mitchell, questions for staff?
    • SPEAKER_02
    • 00:36:39
      Were we operating under the old way of reviewing critical slopes?
    • 00:36:43
      I probably would.
    • SPEAKER_04
    • 00:36:48
      But no.
    • 00:36:52
      Mr. Dronthe?
    • 00:36:53
      No, sir.
    • SPEAKER_16
    • 00:36:56
      No.
    • SPEAKER_04
    • 00:36:57
      Mr. Schwartz?
    • 00:36:57
      No.
    • 00:36:58
      Mr. Stolzenberg?
    • 00:37:00
      No.
    • 00:37:01
      Mr. Palmer?
    • 00:37:02
      No.
    • 00:37:02
      I have none.
    • 00:37:04
      Mr. Payne?
    • 00:37:06
      Ms.
    • 00:37:06
      Bigston?
    • 00:37:08
      No.
    • 00:37:09
      Mr. Wade?
    • 00:37:11
      Very clear.
    • 00:37:11
      Thank you.
    • 00:37:14
      Please hear from the applicant.
    • 00:37:16
      Please address both issues, if you will.
    • 00:37:19
      Good evening.
    • SPEAKER_07
    • 00:37:19
      I'm Scott Hendricks with the City of Charlottesville, Senior Project Manager.
    • 00:37:23
      Glad to be here to talk about this important project.
    • 00:37:26
      To Mr. Palmer's question about the tree canopy, we have had a survey done of all the trees, their size, their caliper, their species.
    • 00:37:34
      We're evaluating that information now.
    • 00:37:36
      We're working with the City's arborists to try to come up with a solution to help mitigate the loss.
    • 00:37:40
      And there are going to be some requirements that we'll have anyway through statute and code to replace
    • 00:37:47
      trees as much as we can.
    • 00:37:48
      We understand the issue.
    • 00:37:50
      We understand the issue.
    • 00:37:53
      Any other questions?
    • 00:37:55
      I do have a team with me remotely.
    • 00:37:59
      Our architecture team here is here, and they're ready to make a presentation.
    • 00:38:04
      All right, Keith, are you there?
    • SPEAKER_09
    • 00:38:07
      I am there.
    • 00:38:09
      I'm here.
    • 00:38:10
      Can everybody hear me?
    • 00:38:12
      Yeah, sorry you're there everywhere.
    • 00:38:14
      All right, well, thank you, everybody.
    • 00:38:15
      Like Scott said, I am Keith Driscoll with Hughes Group Architects.
    • 00:38:19
      We've been working with the city over the last couple of years to generate the plan.
    • 00:38:23
      Let's see, is the presentation that I sent, Dan, is that what's on the screen?
    • 00:38:33
      I can't quite, there we go.
    • 00:38:38
      All right, this is all the material that was presented to the community and was included in the information that you received with the two applications, so I'll just run through quickly so everybody has an understanding of what is being proposed.
    • 00:38:52
      Go to the next slide, please.
    • 00:38:57
      This is the site plan on the top edge of the sheet.
    • 00:38:59
      You can see the existing fire station to the south on the bottom edge of the sheet is the proposed new station.
    • 00:39:07
      We looked at a number of options when we started working with the city and the department to figure out what needed to be done.
    • 00:39:13
      First of all, the existing station does not meet the fire department's needs on a number of fronts.
    • 00:39:19
      Primarily, the equipment that needs to run out of the station no longer fits and a lot of the amenities and features within the station do not adequately protect the firefighters and EMS from hazardous materials and carcinogens that are associated with the fire apparatus.
    • 00:39:38
      So something new and something different needed to be done.
    • 00:39:42
      We looked at options to renovate and expand the existing station, as well as options to create a new station.
    • 00:39:50
      Ultimately, for a number of reasons, primarily creating a better layout and more functional space and cost reasons, a new station was determined to be the most effective use of city funds.
    • 00:40:04
      This location, keeping it generally in the same location, deploying out onto Route 250 as the current station does, was what was recommended in the 2016 fire station location needs assessment.
    • 00:40:17
      And so that was very advantageous to the department.
    • 00:40:20
      and that, one, this does not introduce new impacts to the surrounding community, and two, it maintains the current level of service and response times that the station can provide.
    • 00:40:30
      As was mentioned earlier, we looked at a number of options for locations to put the new station, including to the east and behind the existing station.
    • 00:40:41
      Ultimately, it was determined that this one-story station that's proposed would be the most functional for the fire department.
    • 00:40:48
      and it resulted in the smallest impact to the existing wooded area.
    • 00:40:56
      It was mentioned before, we are looking at annexing the stub road.
    • 00:41:01
      The limits of the stub road and the grading and the paving are all remaining the same.
    • 00:41:05
      It's just a matter of administratively pulling that into the park property.
    • SPEAKER_04
    • 00:41:14
      That is it.
    • 00:41:14
      If there are any questions?
    • 00:41:19
      Mr. Mitchell, can you start us?
    • 00:41:22
      Mr. D'Oronzio?
    • 00:41:23
      I can't.
    • 00:41:24
      Ms.
    • 00:41:24
      Russell?
    • SPEAKER_13
    • 00:41:25
      I was interested in Mr. Mitchell's question about the intended use for the existing fire station, if any.
    • 00:41:33
      I didn't realize how old it was.
    • 00:41:35
      It's 1950s.
    • 00:41:36
      Has Jeff Werner weighed in on anything about this resource?
    • SPEAKER_07
    • 00:41:41
      It's about 1962 is when it was constructed.
    • 00:41:45
      It's currently not designated with any historical designation.
    • 00:41:50
      The fire department is probably not going to have use for it.
    • 00:41:52
      We have a request to the city management now to make a determination as to whether the building needs to come down or will it be repurposed, but it probably doesn't have a future in the fire department.
    • SPEAKER_13
    • 00:42:06
      It'd be great to find some use for a building that exists and is seemingly in
    • 00:42:11
      Okay condition?
    • SPEAKER_07
    • 00:42:14
      Okay condition, yeah.
    • 00:42:18
      Kind of generous.
    • 00:42:19
      There's asbestos.
    • 00:42:21
      There's a lot of materials in there.
    • 00:42:22
      Again, it's 1962 construction.
    • 00:42:24
      It was designed and built probably for a 40- or 50-year lifespan, and it's well-exceeded there.
    • SPEAKER_17
    • 00:42:29
      Anything else?
    • SPEAKER_04
    • 00:42:36
      Mr. Schwarz.
    • 00:42:39
      Mr. Stolzenberg.
    • Rory Stolzenberg
    • 00:42:41
      I have one question about the vehicular access kind of around the back.
    • 00:42:47
      So it looks like there's a path now that goes down to like an asphalt path that goes through the park.
    • 00:42:54
      And then it shows it being rerouted.
    • 00:42:56
      But I think, does it only go to the bioretention facility and then stops?
    • 00:43:00
      It does.
    • SPEAKER_07
    • 00:43:01
      It's for bioretention maintenance.
    • 00:43:03
      So it's devices required.
    • 00:43:05
      periodic maintenance and you need to be able to get equipment down there.
    • 00:43:08
      So it's not a paved road or anything.
    • 00:43:09
      It's just a graded, seated grassroot.
    • 00:43:13
      Gotcha.
    • Rory Stolzenberg
    • 00:43:13
      And so is the current one also for bioretention or is that just the current vehicular path that goes down the bottom of the hill?
    • 00:43:24
      That's more of a hiking path, I believe.
    • 00:43:26
      Yeah.
    • 00:43:28
      And so, yeah, I guess the question was going to be like, can we get the...
    • 00:43:34
      that hiking path, I guess, now, or this maintenance road driveway to the bioretention to kind of connect up to the trail, but to preserve its use, I guess, as the path that is now.
    • 00:43:50
      which I think is just like, you know, dirt, right?
    • 00:43:53
      But also potentially think about paving it.
    • 00:43:56
      I ask because we've kind of been like slowly, iteratively building the shared use path down 250.
    • 00:44:04
      And right now I think it ends at Meadowbrook Heights and it'll probably keep going a little while longer, but
    • 00:44:13
      So you can cut back to some paths back there, get up to the YMCA, and then, you know, maybe you complete the path network that way.
    • SPEAKER_07
    • 00:44:21
      Right.
    • 00:44:21
      There is asphalt path in place now.
    • 00:44:24
      on the other side of the station.
    • 00:44:27
      And the station's actually going to have a walking connection to that.
    • 00:44:31
      The station's also going to have a public restroom in the front of the building in a kind of secure location where people can't get into the building, but they can come in and use the restroom right off the trail.
    • 00:44:40
      We think that's an amenity that people would like, and we think that the way that the trail transverses past now and not past the YMCA kind of accomplishes what I think we were suggesting.
    • Rory Stolzenberg
    • 00:44:52
      Okay, perfect.
    • 00:44:53
      Yeah, that's exactly what I was thinking.
    • 00:44:55
      While you're in there, you might as well do it.
    • SPEAKER_07
    • 00:44:57
      We're going to have a fitness center for the men and women to work out.
    • 00:45:02
      And the trails are another part of their fitness regimen, right?
    • 00:45:05
      So these folks need to be in good shape and they support this connection to the trails.
    • Rory Stolzenberg
    • 00:45:10
      Awesome.
    • SPEAKER_07
    • 00:45:11
      And will that be a paved path down there?
    • 00:45:14
      It's existing a paved path.
    • 00:45:16
      That actually gets up to the station's level.
    • 00:45:20
      The new part we put in will be concrete with steps coming up.
    • SPEAKER_04
    • 00:45:23
      Awesome.
    • 00:45:24
      Cool.
    • 00:45:25
      Thanks.
    • 00:45:25
      Sure.
    • 00:45:27
      Mr. Fulmer.
    • 00:45:29
      Well, I had asked that question about
    • 00:45:37
      McIntyre Road.
    • 00:45:39
      Good question.
    • SPEAKER_07
    • 00:45:40
      It's designed to do that, and it's designed to have EMS features built into it, like the pharmaceutical closet and freezers and things like that that's required.
    • 00:45:53
      Will that be there on day one?
    • 00:45:55
      We don't know, but we're building a facility that will last 50 years and be in service for 50 years, and during that time, we expect the EMS will run out of there at some point.
    • SPEAKER_04
    • 00:46:06
      The only other thing I have that I didn't hear, and it's not really way out of my place here, but just because I have heard it with the YMCA after it was built about bird strikes and stuff on the big glass wall.
    • 00:46:21
      I didn't quite see how much curtain wall you had on the back of the facility, but that's been a problem at the YMCA.
    • SPEAKER_08
    • 00:46:37
      things that are out there to, you know, reduce burn strength.
    • 00:46:41
      Good point.
    • SPEAKER_07
    • 00:46:41
      Yeah, we actually haven't considered that too much, so thank you for that.
    • SPEAKER_08
    • 00:46:45
      What is that?
    • SPEAKER_04
    • 00:46:46
      I beg your pardon?
    • 00:46:48
      What is that?
    • 00:46:49
      Birds flying in the windows.
    • 00:46:51
      Not a labor action.
    • 00:46:53
      Get them to work.
    • Rory Stolzenberg
    • 00:46:54
      Mr. Payne, please.
    • SPEAKER_04
    • 00:47:09
      Mr. Bingston?
    • 00:47:10
      No.
    • 00:47:12
      No questions.
    • 00:47:13
      No sir.
    • 00:47:15
      Thank you very much.
    • 00:47:16
      Thank you.
    • 00:47:17
      At this time, I would like to hear from the public on this issue.
    • SPEAKER_11
    • 00:47:22
      All right, so first we will ask those in our physical audience for speakers, and then we'll ask our virtual audience.
    • 00:47:32
      In our virtual audience, if you're interested in speaking, please do raise your hand virtually.
    • 00:47:37
      We'll begin with our in-person audience, three minutes to speak.
    • 00:47:42
      Yes, sir, come on up.
    • 00:47:44
      Please state your name for the record.
    • SPEAKER_04
    • 00:47:50
      Mayor, Vice Mayor, members of council, planning commission, staff.
    • SPEAKER_12
    • 00:47:55
      I haven't done this for a long time, but I am the fire chief from 2005 to 2015.
    • 00:48:01
      Lived in and out of the station for 37 years.
    • 00:48:05
      So I just want to come here to reaffirm.
    • 00:48:07
      It sounds like you are all on board about making this happen, but I didn't want to take any chances because this was being discussed back when I was in the fire department.
    • 00:48:14
      The firefighters, one, deserve this for the role that they play 24 hours in the station.
    • 00:48:19
      It has, I think, originally a working bomb shelter that has been mired with mold issues in the station.
    • 00:48:29
      The station is very complex and small for the increasing number of staff.
    • 00:48:32
      And as you all have already heard, the location of the station is something we've looked at over the years repeatedly to show that the response times from the stations is critical to the service we provide as far as lifesaving.
    • 00:48:43
      but it's also critical for our insurance purposes and is part of the reason why we have an ISO class one.
    • 00:48:48
      So I just wanted to come here and reinforce the need for the station and urge you all to help pass this forward and get it done.
    • 00:48:54
      So thank you all for what you've done so far.
    • 00:48:56
      Thanks.
    • SPEAKER_04
    • 00:48:57
      Are you Chief Charles Werner?
    • 00:48:59
      I am.
    • SPEAKER_12
    • 00:49:00
      I'm sorry, I forgot to say that.
    • SPEAKER_04
    • 00:49:02
      Charles Werner Fire Chief, 2005 to 2050.
    • 00:49:03
      Good to meet you, sir.
    • 00:49:04
      Thank you.
    • SPEAKER_11
    • 00:49:10
      All right, our first virtual speaker will be Sam Guyland.
    • 00:49:16
      Sam, can you hear me?
    • SPEAKER_20
    • 00:49:18
      Sam Guyland, I can hear you.
    • 00:49:21
      Can you hear me?
    • SPEAKER_11
    • 00:49:22
      Yes, sir.
    • 00:49:23
      Sam, go ahead.
    • SPEAKER_20
    • 00:49:25
      Okay, great.
    • 00:49:26
      Yeah, thanks for the opportunity to speak.
    • 00:49:28
      I support the fire station and measures to give the fire department the resources they need.
    • 00:49:34
      And I think this building looks awesome.
    • 00:49:36
      I actually wanted to bring up a relevant section from state code.
    • 00:49:40
      The code of Virginia requires that new public facilities, roads, schools, fire stations must be approved by the planning commission as being substantially in accord with the adopted comprehensive plan before they are authorized.
    • 00:49:54
      I don't think a comp plan review has been completed for this fire station, so I would just ask that any motion to approve the SUP also include the determination that this fire station is substantially in accord with the November 15, 2021 comprehensive plan.
    • 00:50:09
      Thanks very much.
    • 00:50:10
      Thank you.
    • SPEAKER_04
    • 00:50:26
      All right, do we have any other speakers in the room?
    • SPEAKER_11
    • 00:50:32
      Okay, virtual speaker, Ms.
    • 00:50:36
      Robin Huffman.
    • 00:50:37
      Ms.
    • 00:50:37
      Huffman?
    • SPEAKER_00
    • 00:50:41
      Yes, I'm a registered nurse and I understand very much how needed right now, especially we need the EMT services through the fire department and paramedics and especially the medical
    • 00:50:56
      aspect of their facility needs to be really state of the art.
    • 00:51:01
      But I do have a question, like, since I've moved here, the 250 bypass has been burdened with, you know, different traffic.
    • 00:51:13
      They've been trying to do the turnabout
    • 00:51:17
      at 64 intersection and things like that.
    • 00:51:21
      It just seems to me that the traffic there is really cumbersome.
    • 00:51:25
      And I'm wondering what kind of signaling or something where the fire trucks can come out without any problem.
    • 00:51:34
      I'm just wondering if that's part of the plan.
    • 00:51:36
      Thank you.
    • SPEAKER_04
    • 00:51:37
      Do you want me to speak to that?
    • 00:51:42
      No, that's not, please.
    • SPEAKER_11
    • 00:51:46
      All right.
    • 00:51:48
      No speakers in-house.
    • 00:51:50
      Any additional speakers virtual?
    • 00:51:56
      All right.
    • 00:51:56
      Chair, no more speakers.
    • SPEAKER_04
    • 00:51:58
      Thank you very much.
    • 00:51:59
      I'll close the public hearing.
    • 00:52:05
      Thoughts, questions, deliberations?
    • 00:52:07
      I would also entertain a motion if... What is the application of what we're talking about?
    • 00:52:13
      Steve Stolz, I'd like to consider SUP.
    • 00:52:16
      And I also heard an idea about substantial conformance.
    • 00:52:19
      Actually, Ms.
    • 00:52:21
      Creasy, can you confirm?
    • 00:52:22
      Is that information accurate?
    • SPEAKER_11
    • 00:52:26
      That is a requirement.
    • 00:52:27
      And, you know, we've been working on this project for a long time.
    • 00:52:31
      And I can't remember if we have done that in the past.
    • 00:52:34
      I know we have mention of it in our comprehensive plan.
    • 00:52:38
      So, you
    • 00:52:39
      There won't be any sort of concern.
    • 00:52:42
      I think that it would be okay if you all choose to include that in the motion, and then we will verify that that is appropriate enough.
    • 00:52:53
      And then if we need to take other action, we would come back and do that.
    • SPEAKER_06
    • 00:52:57
      Thank you.
    • Rory Stolzenberg
    • 00:52:59
      You guys think we should be concerned that we're making our firefighters more vulnerable to bomb attacks?
    • 00:53:05
      No shelter?
    • SPEAKER_08
    • 00:53:06
      No shelter?
    • 00:53:07
      They would dab the mold first.
    • Phil D'Oronzio
    • 00:53:09
      Or at least a while will still be available.
    • 00:53:14
      You can run across the stub road.
    • SPEAKER_07
    • 00:53:20
      It's interesting, just as a sidebar, we have several buildings in our portfolio that have that feature from when they were built.
    • 00:53:30
      And none of it shows up on any drawings.
    • 00:53:33
      They're just there.
    • 00:53:35
      Including City Hall.
    • 00:53:38
      Yeah, City Hall, Circuit Court Building.
    • Rory Stolzenberg
    • 00:53:40
      That's where Michael's made his office.
    • 00:53:46
      I guess on a more serious note, well, I guess one comment maybe for you guys.
    • 00:53:51
      If you would think about, I don't know if you have already, on those stairs from the path, just incorporating bike runnels.
    • 00:53:58
      So if a firefighter were
    • 00:54:01
      Biker, Scooter or whatever, they could get up to the level of the entrance.
    • 00:54:06
      Great idea.
    • 00:54:07
      Thank you.
    • 00:54:08
      And then I guess I would I would make a motion and I would.
    • 00:54:13
      All right.
    • 00:54:21
      I move to recommend approval of this application for a special use permit in the R1 zone at 345 U.S.
    • 00:54:28
      250 bypass to permit a municipal city fire station.
    • SPEAKER_04
    • 00:54:31
      That's it.
    • 00:54:36
      Okay.
    • Rory Stolzenberg
    • 00:54:37
      But I think we shouldn't include the condition just to give maximum flexibility for timelines on everything.
    • 00:54:46
      the condition about vacating the thing.
    • 00:54:47
      I'm not saying they shouldn't vacate the road, but that doesn't seem to necessarily make it a condition of approval of the site plan.
    • SPEAKER_04
    • 00:54:56
      Just, Ms.
    • 00:54:57
      Creasy, can they still vacate the road if we don't demand it?
    • SPEAKER_11
    • 00:55:00
      Oh, yes.
    • 00:55:02
      I mean, it still can go through the process to make that happen properly.
    • SPEAKER_02
    • 00:55:06
      End of the day, this is us.
    • SPEAKER_04
    • 00:55:09
      All right.
    • 00:55:11
      I'll second the motion.
    • 00:55:13
      I hear a second.
    • 00:55:14
      Discussion on this item?
    • 00:55:19
      Ms.
    • 00:55:19
      Creasy, would you please call the roll?
    • SPEAKER_11
    • 00:55:20
      Sure.
    • 00:55:20
      Mr. Schwartz?
    • SPEAKER_04
    • 00:55:21
      Yes.
    • SPEAKER_11
    • 00:55:22
      Mr. D'Oronzio?
    • SPEAKER_04
    • 00:55:23
      Aye.
    • SPEAKER_11
    • 00:55:24
      Mr. Stolzenberg?
    • SPEAKER_04
    • 00:55:25
      Aye.
    • SPEAKER_11
    • 00:55:26
      Mr. Mitchell?
    • 00:55:27
      Yep.
    • SPEAKER_11
    • 00:55:28
      Ms.
    • 00:55:28
      Rethgel?
    • 00:55:29
      Aye.
    • 00:55:30
      And Mr. Solit?
    • 00:55:30
      Aye.
    • SPEAKER_04
    • 00:55:31
      I would like to turn to the- Nope.
    • SPEAKER_11
    • 00:55:35
      We need two votes.
    • 00:55:36
      We do at least two votes.
    • SPEAKER_04
    • 00:55:38
      We have the critical- I would like to turn to the critical slopes.
    • 00:55:45
      John Gerstle, Rory Stolz, Rory Stolz, Rory Stolz, Rory Stolz, Rory Stolz, Rory Stolz, Rory Stolz, Rory Stolz, Rory Stolz, Rory Stolz, Rory Stolz, Rory Stolz, Rory Stolz, Rory Stolz, Rory Stolz, Rory Stolz, Rory Stolz, Rory Stolz, Rory Stolz, Rory Stolz, Rory Stolz, Rory Stolz, Rory Stolz, Rory Stolz, Rory Stolz, Rory Stolz, Rory Stolz, Rory Stolz, Rory Stolz, Rory Stolz, Rory Stolz, Rory Stolz, Rory Stolz, Rory Stolz, Rory Stolz, Rory Stolz, Rory St
    • Rory Stolzenberg
    • 00:56:10
      All right, I'll leave it to you.
    • 00:56:13
      I move to recommend approval of the critical slope waiver for tax map and parcel 450001000 as requested with no reservations or conditions based on findings that finding one, the public benefits of allowing the disturbance outweigh the benefits afforded by the existing undisturbed critical slope.
    • 00:56:31
      per section 341120b6d1.
    • 00:56:36
      And finding two, due to unusual physical conditions or the existing development of the property, compliance of the city's critical slope regulations would prohibit or unreasonably restrict the use or development of the property per section 341120b6d2.
    • SPEAKER_04
    • 00:56:47
      Do I hear a second?
    • 00:56:52
      Second.
    • 00:56:54
      Do I hear a second?
    • 00:56:58
      Discussion on this item?
    • 00:57:01
      Ms.
    • 00:57:01
      Crecy, would you please call the board?
    • SPEAKER_11
    • 00:57:03
      Mr. Schwartz?
    • SPEAKER_04
    • 00:57:04
      Yes.
    • SPEAKER_11
    • 00:57:05
      Mr. Durancio?
    • SPEAKER_04
    • 00:57:06
      Aye.
    • SPEAKER_11
    • 00:57:07
      Mr. Stolzenberg?
    • SPEAKER_04
    • 00:57:08
      Aye.
    • SPEAKER_11
    • 00:57:09
      Mr. Mitchell?
    • 00:57:10
      Aye.
    • 00:57:11
      Ms.
    • 00:57:11
      Russell?
    • 00:57:11
      Aye.
    • 00:57:12
      And Mr. Salik?
    • SPEAKER_04
    • 00:57:13
      Aye.
    • 00:57:15
      Finally, do we want to consider the top plan excellence?
    • SPEAKER_11
    • 00:57:23
      That the fire station would be substantially in accordance with the comprehensive plan.
    • SPEAKER_04
    • 00:57:30
      I feel like it's in the staff report.
    • 00:57:32
      Yeah, the staff report is interested.
    • 00:57:33
      It is.
    • 00:57:34
      Does that require a motion?
    • SPEAKER_11
    • 00:57:39
      So typically when there's a new facility, like the gentleman said, he's spot on.
    • 00:57:46
      There is a code that notes that that is taken into account.
    • 00:57:50
      So it is taken into account and the analysis that was put forward, I think we may have done it before, but I can't remember.
    • 00:57:59
      And so it will not hurt one bit.
    • 00:58:02
      If you all are okay with moving forward with it being in substantial accord with the comprehensive plan for providing that vote, we will do some research on the back end, make sure that we covered all bases there.
    • 00:58:17
      And if we have to come back with something different, we will make sure to make that happen.
    • Rory Stolzenberg
    • 00:58:24
      I have a motion.
    • 00:58:25
      Please take that motion.
    • 00:58:26
      I move that the proposed US 250 bypass fire station located on US 250.
    • 00:58:33
      General character, location, and extent of the proposed public facility is substantially in accord with the city's adopted 2021 comprehensive plan.
    • SPEAKER_04
    • 00:58:43
      Do I hear a second?
    • 00:58:44
      Sure.
    • 00:58:46
      Do I hear a second?
    • 00:58:47
      Discussion on this item?
    • 00:58:50
      Ms.
    • 00:58:50
      Creasy, would you please call the roll?
    • SPEAKER_11
    • 00:58:53
      Mr. Schwartz?
    • SPEAKER_04
    • 00:58:53
      Yes.
    • SPEAKER_11
    • 00:58:55
      Mr. D'Orazio?
    • SPEAKER_04
    • 00:58:56
      Aye.
    • SPEAKER_11
    • 00:58:56
      Mr. Stolzenberg?
    • SPEAKER_04
    • 00:58:58
      Aye.
    • SPEAKER_11
    • 00:58:59
      Mr. Mitchell?
    • 00:58:59
      Yes.
    • 00:59:00
      Ms.
    • 00:59:01
      Russell?
    • 00:59:01
      Yes.
    • 00:59:02
      And Mr. Solla-Yates.
    • SPEAKER_04
    • 00:59:03
      Hi.
    • 00:59:04
      Good work.
    • 00:59:05
      You get a bonus vote.
    • 00:59:06
      Thank you very much.
    • 00:59:07
      Thank you very much.
    • 00:59:10
      I would now like to turn to aesthetics.
    • 00:59:15
      Council, if you wish to stay and talk about aesthetics, you're more than welcome.
    • 00:59:18
      If you'd like to talk about, I don't know, the sciences or mathematics, that's completely acceptable.
    • 00:59:27
      Thank you very much.
    • 00:59:28
      Good to see you.
    • 00:59:29
      Thank you.
    • SPEAKER_11
    • 00:59:31
      Is Mr. Warner in the room somewhere?
    • SPEAKER_04
    • 00:59:34
      I believe it would happen this week.
    • 00:59:40
      So, yeah.
    • 00:59:41
      Mr. Warner, do we have him?
    • 00:59:43
      Good to see you.
    • 00:59:46
      Maybe he's walking over.
    • 00:59:51
      If we finish the meeting before he gets here.
    • 00:59:53
      He's got a bunch of guys there.
    • SPEAKER_08
    • 00:59:59
      Should we have a brief recess to give them some time to probably get here?
    • Rory Stolzenberg
    • 01:00:01
      Or skip to the next log?
    • SPEAKER_04
    • 01:00:02
      Let's take a short recess for now.
    • 01:00:03
      Logistics.
    • Rory Stolzenberg
    • 01:00:04
      I'd rather do the next side of the person recess.
    • SPEAKER_04
    • 01:02:42
      Good evening.
    • Jeff Werner
    • 01:02:43
      I know most of you, I think.
    • 01:02:45
      I'm Jeff Warner.
    • 01:02:45
      I'm the city's preservation and design planner.
    • 01:02:50
      And do you have, it's just like, because I had like music with the first slide, I think.
    • 01:02:58
      And I'll say this right front, don't read the slides.
    • 01:03:01
      They're primarily to kind of help me going.
    • 01:03:03
      I don't like text in slides and presentations, but it's some of what I've had to use.
    • 01:03:09
      So yes, there's things to see, but it's not for you to read.
    • 01:03:13
      And so, Dan, I'm here to talk to you tonight about the city's entrance corridors and primarily your role, which is as the Entrance Corridor Review Board or the ERB.
    • 01:03:24
      And I'll say often, I'll say EC instead of Entrance Corridor, so you can follow me along.
    • 01:03:28
      Like I said, I have some slides, mostly notes to help me.
    • 01:03:32
      Please don't read them.
    • 01:03:33
      So you are the city's entrance corridor review board, a responsibility that was given to you by city council in 2003.
    • 01:03:47
      Within the city, there are several areas designated and designated by the city as design control overlay districts, and these include the city designated
    • 01:03:58
      historic districts, which are under the purview of the Board of Architectural Review or BAR.
    • 01:04:03
      And I stress city designated because there are historic districts which are not city designated.
    • 01:04:08
      The BAR does not have purview over those.
    • 01:04:11
      And then there are the entrance corridors.
    • 01:04:14
      So the map you can see, I tried to put both on there.
    • 01:04:18
      It's a lot going on.
    • 01:04:19
      And of course, the entrance corridors, which are under the purview of you all, the ERB.
    • 01:04:25
      And so the BAR
    • 01:04:29
      and the ERB review process are similar, but they're different.
    • 01:04:33
      For an entrance corridor project, staff has a lot more flexibility for administrative reviews, which is why you all only see me a couple of times a year.
    • SPEAKER_04
    • 01:04:44
      And beep, beep, beep.
    • 01:04:48
      It should be a couple of slides.
    • SPEAKER_06
    • 01:04:52
      One more.
    • Jeff Werner
    • 01:04:53
      One more.
    • 01:04:55
      Yeah, so stay there.
    • 01:04:56
      Can we interrupt you?
    • 01:04:58
      Is that okay?
    • 01:05:00
      What's that?
    • 01:05:00
      Can we interrupt you?
    • 01:05:02
      No.
    • 01:05:02
      No, I'm only allowed to speak.
    • 01:05:04
      I can't interrupt you.
    • 01:05:05
      Yes, you can.
    • 01:05:06
      Would you like to ask me a question?
    • 01:05:07
      No, I don't.
    • 01:05:07
      Oh, okay.
    • 01:05:08
      Maybe other people do.
    • 01:05:10
      So in average year, you all... Sorry, sorry.
    • 01:05:15
      I'm a little brother again.
    • 01:05:15
      Remember?
    • 01:05:16
      Doesn't matter.
    • 01:05:17
      In an average year, you all will formally review maybe four or five requests, and that includes special use permits, comp plan plans, and then the design review and certificate of appropriateness for design review.
    • 01:05:32
      And you can see this is one you can look at.
    • 01:05:34
      In contrast,
    • 01:05:37
      on a monthly basis, the B.A.R., we review probably six to eight projects on a month.
    • 01:05:44
      So I'm very busy with the B.A.R., I'm not so busy with you all.
    • 01:05:48
      Again, why you don't see me too often.
    • Rory Stolzenberg
    • 01:05:50
      Are those unique projects or B.A.R.
    • 01:05:52
      reviews the same project three times?
    • 01:05:53
      So you're cutting it three times.
    • 01:05:54
      So hold that.
    • Jeff Werner
    • 01:05:57
      Otherwise, I'm going to run over and she's going to hit me with a laser pointer because that's a good question.
    • 01:06:04
      So I work with the BAR very directly.
    • 01:06:07
      You all can ask Carl all about it.
    • 01:06:09
      And I work with them very, very regularly from the inception of a project.
    • 01:06:14
      and often through a series of design review meetings and then towards the ultimate approval, the COA.
    • 01:06:22
      And I'm here tonight because I so infrequently work with you all that, and we have some things coming up in the entrance corridor that, so Nissy and James and I figured it was time to introduce you, reintroduce you to me and kind of give you a EC 101.
    • 01:06:39
      So next slide.
    • 01:06:43
      There you go.
    • 01:06:44
      Don't read that one.
    • 01:06:45
      Again, Council established the 12 entrance corridors, made the Planning Commission the Entrance Corridor Review Board.
    • 01:06:54
      Per code, the EC projects are reviewed for architectural design, form, style, materials, site design, and done through the application of the entrance corridor design guidelines.
    • 01:07:11
      The ERB's purview applies only to the exterior of the building and only to what can be seen from the entrance corridor.
    • 01:07:17
      So different from the BAR, what you're seeing from that road that's designated as an entrance corridor.
    • 01:07:25
      Next slide, please.
    • 01:07:28
      So design guidelines here, and that's what I had sent out a note to you all.
    • 01:07:33
      If anybody wants a copy of it, they are online.
    • 01:07:37
      Design guidelines are anchored in 10
    • 01:07:39
      design principles.
    • 01:07:40
      Not every guideline is applicable to every situation.
    • 01:07:44
      So that requires from you all a bit of flexibility in how and to what extent those guidelines were applied.
    • 01:07:51
      And these are the 10 principles.
    • 01:07:53
      And then, of course, the guidelines then stem from those.
    • 01:07:56
      Next slide.
    • 01:07:57
      So the design guidelines has five chapters.
    • 01:08:00
      an introduction, there's a chapter on streetscape, a chapter on site, a chapter on buildings, and there's a chapter that summarizes each corridor.
    • 01:08:08
      Yes, sir.
    • SPEAKER_04
    • 01:08:09
      So next.
    • Jeff Werner
    • 01:08:09
      Next slide.
    • 01:08:22
      The last chapter is where things get into the specific corridors.
    • 01:08:27
      There's recommendations for each corridor.
    • 01:08:30
      And next slide, please.
    • 01:08:32
      So you can see the 12 there.
    • 01:08:34
      Next.
    • 01:08:35
      And then there's like for the recommendation for that specific corridor.
    • 01:08:39
      However, with the EC guidelines adopted in 2011, the corridor specific recommendations are somewhat out of sync with the current comp plan and even with current zoning.
    • 01:08:51
      um however and next two slides uh stop the the guidelines are still germane uh and useful uh being anchored in good design and and which is still important of course in 2022 so before getting into the how the guidelines were applied I would what what year what year for what 23
    • 01:09:13
      See, I was supposed to talk to you in December, so you get an extra month out of this.
    • 01:09:16
      No, thank you.
    • 01:09:18
      Good call.
    • 01:09:19
      So before we, I'll go back, which is still important in 2023.
    • 01:09:23
      So before getting into how the guidelines are applied, I wanted to talk to you the four scenarios in which they're applied to for.
    • 01:09:31
      So first is, next one is the staff administrative design review.
    • 01:09:36
      And as I mentioned, the most EC project requests can be reviewed administratively by me.
    • 01:09:41
      Yes, sir.
    • 01:09:42
      Okay.
    • 01:09:42
      He's counting.
    • SPEAKER_06
    • 01:09:45
      He's counting.
    • SPEAKER_08
    • 01:09:46
      He's counting.
    • 01:09:47
      He's counting to four.
    • 01:09:48
      I don't even look at him.
    • 01:09:49
      Yeah, the same problem I already have, right?
    • 01:09:50
      Terrible, terrible.
    • 01:09:51
      You've said you're one.
    • 01:09:52
      You've got three more.
    • SPEAKER_04
    • 01:09:53
      No, I've just totally lost myself.
    • 01:09:54
      Okay.
    • Jeff Werner
    • 01:10:09
      As I mentioned, most DC projects and requests can be reviewed by staff.
    • 01:10:15
      And if someone disagrees with me, obviously it can be appealed up to you all.
    • 01:10:19
      I often tell them, we can work it out or you can go ask the ERP.
    • 01:10:24
      Next slide.
    • 01:10:25
      And so this is a good example of where in staff, this came to me
    • 01:10:35
      Gosh, but a couple years ago, this is the Kentucky Fried Chicken on 29 North.
    • 01:10:40
      They came in and I said, no, we're not putting a box of chicken on the entrance corridor.
    • 01:10:48
      You can do better than this.
    • 01:10:49
      And it had one version, even a bigger head of the colonel.
    • 01:10:52
      So after, it was only a couple of weeks and we went back forth and I asked them to tone it down.
    • 01:10:57
      They were great to work with.
    • 01:11:00
      And you can't really see because it's underneath the screen, but the result was a
    • 01:11:05
      I think something you would all say is a little bit better than a high franchise design.
    • 01:11:09
      And so typically the ERB, you all will only review what are new buildings.
    • 01:11:16
      So if it's a facade alteration in Barracks Road, I can take care of it or the alteration of a KFC, I'll look at it.
    • 01:11:24
      Next slide.
    • 01:11:26
      We also administratively review signs in the entrance corridor.
    • 01:11:31
      And this is a sign for the Raising Canes on Emmett Street.
    • 01:11:34
      You'll notice on the right-hand side, it shows, that's the illustration of a sign at night.
    • 01:11:40
      One of the things we don't, we control is light and glare.
    • 01:11:43
      Another is that if it has red in it, in the evening, we don't want to see a red glow from the sign.
    • 01:11:48
      So that's the type of thing that I can take care of administratively.
    • 01:11:53
      The other thing that then requires you all is when there's a request for a comprehensive science plan.
    • 01:12:01
      So, for example, for Barrett Road shopping center, large shopping centers, most recently you looked at something for the medical building on 10th and East High, and those result in you all reviewing it and making a recommendation to city council.
    • 01:12:19
      Next slide.
    • 01:12:21
      So things can be relatively simple, but they can also be extremely complex.
    • 01:12:25
      And I know some of you remember the comp science plan for Hillsdale Place, which actually will be coming back to you sometime soon.
    • 01:12:35
      Next, please.
    • 01:12:36
      Next, please.
    • 01:12:38
      And so the other thing that you guys look at
    • 01:12:41
      and review our special use permit requests within the entrance corridor.
    • 01:12:44
      And that's where you review it.
    • 01:12:46
      Is there a recommendation to counsel?
    • 01:12:48
      Do you feel that there will be an adverse impact on the corridor?
    • 01:12:52
      Can that impact be addressed with design view, et cetera, et cetera.
    • 01:12:55
      But it's not an action on your part.
    • 01:12:57
      It's a
    • 01:12:58
      It's a recommendation that you and also the Planning Commission send up to council.
    • 01:13:04
      Next slide.
    • 01:13:05
      And so it could be as simple as looking at a drive-through window at a Chick-fil-A.
    • 01:13:12
      Next slide.
    • 01:13:13
      Or it could be, you know, evaluating additional height, for example, 2005 JPA.
    • 01:13:20
      Next slide.
    • 01:13:21
      And then finally, the big...
    • 01:13:24
      The thing that you're involved in, though, that you do the least of with me is the design review of new buildings.
    • 01:13:30
      And so you go ahead and flick.
    • 01:13:33
      And so you did look at this Chick-fil-A in Barrett's Road Shopping Center.
    • 01:13:39
      You all get to make the decision on this, approving the COA, the certificate of appropriateness.
    • 01:13:46
      Applicants or anyone actually can appeal those decisions to city council.
    • 01:13:49
      So that's the next step up for those.
    • 01:13:53
      You've looked at things that are relatively simple like this.
    • 01:13:56
      Next slide.
    • 01:13:57
      You've also, if you recall, were involved in the apartment component of the Dairy Central Project, the part back on West Street.
    • 01:14:08
      And, you know, not only looking at the elevations and drawings, but go ahead.
    • 01:14:13
      There's wall sections, materials.
    • 01:14:15
      Next slide.
    • 01:14:16
      And you all even reviewed the landscaping plan and the lighting plan.
    • 01:14:19
      So it was probably as close to a BAR review that you all would be involved in.
    • 01:14:28
      And then, so back to the EC review process itself and applying what are guidelines from 2011 to a comp plan approved in 2021.
    • 01:14:39
      Next slide.
    • 01:14:43
      Don't need to read it, but there are, during your review, you all have to make some judgment calls on corridor-specific recommendations.
    • 01:14:52
      But overall, the guidelines are very flexible.
    • 01:14:55
      In fact, they're extremely broad and flexible, and they're not, and they're guidelines only.
    • 01:15:00
      They're not requirements.
    • 01:15:02
      There's not a check the box yes or no.
    • 01:15:05
      So you will have to give some thought to it, which we'll get to your question at the end a little bit.
    • 01:15:10
      And so,
    • 01:15:12
      There's enough, and you can flick to the next one, you know, just like anything, there's broad direction about lighting.
    • 01:15:18
      For example, it doesn't specifically say there what lighting means, but I will work with applicants, as we've done with PAR,
    • 01:15:27
      on levels of lamping from LEDs.
    • 01:15:30
      So because we are allowed to prevent unwanted glare, we have some measures that we apply.
    • 01:15:37
      We have in signage, again, what exactly does that mean?
    • 01:15:42
      Well, I can interpret do not obstruct architectural elements.
    • 01:15:46
      So if somebody doesn't like it, we can send it up to you all.
    • 01:15:50
      You also next, we talk about the facade organization of buildings, materials, colors, things that are important regardless of how a site is used or the density of it.
    • 01:16:03
      So the point being is the guidelines allow you a tool even if the comp plan and the zoning has changed.
    • 01:16:11
      And, you know, another thing, guys, I showed you the guidelines address franchise development.
    • 01:16:17
      They talk about the next, you know, to next one, please.
    • 01:16:24
      And then talk about mechanical equipment being screened.
    • 01:16:27
      So again, these are flexible guidelines that we can use regardless of what the underlying zoning says.
    • 01:16:35
      So there's pieces of this that are
    • 01:16:39
      You know, we can still use and still make use of what we will still use and make use of.
    • 01:16:44
      So it's with chapter six of the guidelines.
    • 01:16:46
      And remember, that was the corridor specific recommendations that I think, you know, we're going to have to work together on.
    • 01:16:54
      And some of you saw that with 2005 JPA, where there's some unclear, well, the language hasn't been the same as what the comp plan and the future zoning are saying.
    • 01:17:05
      As you know, since 2011, the comp plan has been updated.
    • 01:17:07
      The ordinance has changed.
    • 01:17:09
      We have some ordinance changes pending.
    • 01:17:13
      We have to have some discussions about that.
    • 01:17:15
      And we ultimately have to update the design guidelines.
    • 01:17:20
      But where we are now, with what we have now, I really want to have to rely on you all to work together to interpret as best we can, you know, the documents that we have, applying the current zoning, applying the current comp plan.
    • 01:17:34
      and then so pulling this all together.
    • 01:17:36
      Next, next.
    • 01:17:37
      Next.
    • 01:17:42
      So you have maybe next month, I'm hoping a look at the 2005 JPA.
    • 01:17:49
      I know the Hillsdale Place, that's being modified relatively simply, but still something that would come to you.
    • 01:17:57
      I know James and Missy have been working with you all on what's coming with the zoning ordinance changes and how we address entrance corridors in those.
    • 01:18:07
      And of course, I said the updating of the design guidelines.
    • 01:18:12
      So that's a very quick summary.
    • 01:18:16
      I hope it made sense.
    • 01:18:18
      It's okay if it didn't, because you can ask me questions.
    • 01:18:21
      So again, just reintroducing myself.
    • 01:18:24
      Want to know if you all have any questions about
    • 01:18:29
      Entrance Corridors, about the Entrance Corridor Guidelines, about the process.
    • 01:18:33
      You can ask me tonight.
    • 01:18:34
      You can come into my office.
    • 01:18:35
      We sit down and go through it.
    • 01:18:37
      With that, I wrote it.
    • 01:18:39
      Thank you for your time and for your service to the city.
    • 01:18:42
      And do you have any questions for me?
    • SPEAKER_02
    • 01:18:44
      There's a question about the JPA.
    • 01:18:46
      Is that going to be a nightmare?
    • 01:18:48
      That's going to be a real challenge.
    • 01:18:52
      Council has approved the number of units and pretty much approved the massing of that already through the SUP.
    • 01:19:01
      So how do we, you know the problem, it's going to be big and it's going to be massive.
    • 01:19:10
      How do we wrestle with the VAR concern about aesthetics when we know that the aesthetics are going to be difficult for a lot of people?
    • 01:19:19
      So it's, you're right about that one.
    • Jeff Werner
    • 01:19:25
      Height has been established.
    • 01:19:26
      So what you're working within is that height and does this design as presented comply with the guidelines?
    • 01:19:35
      And it's...
    • 01:19:38
      I mean, it's architecture.
    • 01:19:40
      It's subjective.
    • 01:19:42
      That's the truth.
    • 01:19:43
      But to the best of your ability, go through where does it fit, where it doesn't.
    • 01:19:50
      And to Rory's question, the BAR, so yes, six to eight projects a month.
    • 01:19:59
      When, for example, the courts expansion, I don't know how many, four or five times it came.
    • 01:20:03
      Now, it wasn't the same project every time, or it was another element of it.
    • 01:20:08
      So each time it goes to the BAR requires a staff report, an update, and a review.
    • 01:20:13
      So I don't, I mean, unless someone just has deferred something and doesn't change it, I don't get to just
    • 01:20:19
      Reprint everything and hand it out again.
    • 01:20:22
      And my relationship with the BAR, very, very different from you all.
    • 01:20:26
      I talk to BAR members very regularly.
    • 01:20:30
      We there's
    • 01:20:33
      The design review is much more of a discussion.
    • 01:20:36
      And Carl, you can certainly, you know, your perspective on it is be helpful.
    • 01:20:41
      It's just, it's a, if I have a question about something, I will send it out to the BAR.
    • 01:20:48
      Historically, if I had a question in an entrance corridor, I can only ask you all in a meeting.
    • 01:20:55
      And that's, it's, it's, I'm often telling the BAR, I'm not asking you to vote on something, I just give me a little bit of guidance and what I even have like next Tuesday evening, I'm going to be bringing some things to them and saying, kind of not sure how to, is this, do we have enough here, you know, before someone writes me a check and we, you know, come in here, you know, are we going in the right direction?
    • 01:21:15
      And, because I have said to people,
    • 01:21:18
      Don't bother submitting that or don't, you know.
    • 01:21:21
      So with you all, as far as it's traditionally been, once I have a project, once there is a design, I bring it to you.
    • 01:21:31
      And the architecture for a Chick-fil-A is very different from a tall building on West Main.
    • 01:21:37
      But
    • 01:21:40
      How you all choose to treat, for example, JPA, 2005 JPA when it comes.
    • 01:21:47
      I've seen the design.
    • 01:21:48
      I think it's something you all could act on if you want, but there may be questions.
    • 01:21:52
      You may have to, you know, say, what about this?
    • 01:21:55
      What about that?
    • 01:21:56
      That's up to you all.
    • 01:21:57
      I can't tell you what to do.
    • SPEAKER_02
    • 01:22:00
      What about dictating step backs?
    • 01:22:02
      You know, as we go up, is that a function of the planning commission and council?
    • 01:22:07
      Is that a function of the...
    • Jeff Werner
    • 01:22:10
      Well, you know, again, there's what the special use permit dictates, so you can't violate that, so to speak.
    • SPEAKER_04
    • 01:22:20
      But if you all make a judgment, if an applicant thinks you've done it wrong,
    • 01:22:30
      They can appeal to counselors.
    • Jeff Werner
    • 01:22:31
      So there's a remedy.
    • 01:22:32
      You all, I mean, you want to do the best you can, but there is a resolution if someone disagrees with your decision.
    • 01:22:42
      So we can use the guidelines to, you know, think a step back is necessary or think something needs to be adjusted or additional landscaping.
    • 01:22:53
      But
    • 01:22:54
      What we do with BAR when we have these conversations, we're being very upfront with the applicant.
    • 01:23:01
      Because sometimes we have to communicate things and without taking an action, ask them to maybe go back and reevaluate something.
    • 01:23:10
      So there has to be a dialogue during the meeting.
    • 01:23:13
      It can't be, here's my design and the applicant sits down and there has to be some give and take.
    • 01:23:20
      So I can't really tell you what to do until we're looking at it.
    • 01:23:24
      Hypotheticals are very difficult in architecture.
    • SPEAKER_04
    • 01:23:29
      Mr. D'Oronzio, this is a rare opportunity to extract design wisdom from a professional.
    • Jeff Werner
    • 01:23:34
      I strongly recommend you take it.
    • 01:23:37
      Something else to consider as well, and I know I said this during the SUP review.
    • 01:23:46
      I will tell people what happens inside that building and whether it's 1,000 little apartments or one giant apartment where it's a block of concrete is irrelevant.
    • 01:23:57
      It's what we're evaluating is design and what you see.
    • 01:24:00
      And so we do
    • 01:24:04
      B.A.R.
    • 01:24:05
      often will get people come in and say, why are you allowing this?
    • 01:24:08
      And the B.A.R.
    • 01:24:08
      is not allowing that hauler building or more density.
    • 01:24:13
      They're evaluating the design.
    • 01:24:15
      So when we get going on, and there are others that are going to come in, you all have to kind of set aside what this is being used for.
    • 01:24:25
      The assumption is that use has been allowed, that density has been allowed, and you
    • 01:24:32
      You're evaluating the design, the materials, the landscaping, the lighting.
    • 01:24:36
      Is that appropriate or is it
    • 01:24:39
      Anywhere USA.
    • SPEAKER_02
    • 01:24:40
      So the BLR is focused on historic preservation things.
    • 01:24:45
      Yes, no.
    • SPEAKER_06
    • 01:24:46
      Yes.
    • SPEAKER_02
    • 01:24:46
      But they're also focused on design.
    • 01:24:48
      Right.
    • 01:24:48
      Design is a big thing.
    • 01:24:49
      So is the planning commission the right place to be thinking about design?
    • Jeff Werner
    • 01:24:52
      So we talked about this the other day.
    • 01:24:54
      So fortunately, you guys right now have a couple of design professionals on your... Right now.
    • 01:25:00
      So, right.
    • 01:25:01
      You're flattered, man.
    • 01:25:02
      Now.
    • 01:25:02
      Now.
    • 01:25:12
      And yes, the BAR is more, we're heavy on architects, but I could have a quorum with business owners and a private, you know, owner in a district and two historians and not have any, I mean, the fact that Carl's an architect is a bonus, but we could actually have a quorum without any design professionals there.
    • 01:25:32
      So there's a yes and no to that.
    • 01:25:35
      I would say the difference between
    • 01:25:38
      between the BAR and you all is my frequency with which I work with them.
    • 01:25:43
      And quite honestly, the sort of informality with which I work with them and the number of times I've worked with them versus how we work with you all.
    • 01:25:54
      And I think that my job, I know that my job is to help you all.
    • 01:26:01
      I don't put something in your lap and go just, you know, I don't know.
    • 01:26:04
      I mean, I try to guide you as best I can.
    • 01:26:08
      Does that help?
    • SPEAKER_02
    • 01:26:10
      That was a good non-answer.
    • 01:26:13
      It's like, are we, am I, a sociology major, the right guy to be ripping out what's pretty?
    • SPEAKER_10
    • 01:26:27
      So a question from the material that you gave us in our packet, there's an item, I don't know where it starts, but on page four of the
    • 01:26:39
      Judge Packett on page 91 of our PDF.
    • 01:26:43
      The express intent of the City Council enacting provisions of this subsection that matters related to public health and safety as may be defined by the Planning Commission shall prevail over issues within the purview of the ERB.
    • 01:26:56
      That seems to very much imply that
    • 01:27:00
      Council, at least when they enacted the entrance corridors, wanted the Planning Commission to review this and wanted us to look at public health and safety, which is not something that the behavior looks at.
    • 01:27:13
      It doesn't, but it sits very clearly in our ordinance.
    • 01:27:20
      I know he did, and I'm just, I'm not even sitting in our ordinance that Jeff provided to us.
    • Jeff Werner
    • 01:27:25
      So often, you know, when I brought things to you all, um,
    • 01:27:30
      The first question is, why are you here?
    • 01:27:31
      Why are you asking us?
    • 01:27:33
      And so sort of to be in government speak, my answer is because that's your job and that's what I've been told to do.
    • 01:27:41
      But in truth, that is what you've been charged with.
    • 01:27:44
      And until we are otherwise told differently, that's the process we have.
    • 01:27:49
      And so part of why I'm here this evening is I know very well that there's
    • 01:27:56
      William Bosch, Lyle Solla-Yates, Michael Joy, Philip d'Oronzio, Rory Stolzenberg
    • 01:28:20
      an extensive project in 20 minutes in one evening and make a vote on it.
    • 01:28:23
      But that's okay.
    • 01:28:24
      I'm okay with that with the BAR.
    • 01:28:27
      Very candidly, I just haven't worked with you all enough, and I don't know what you're thinking.
    • 01:28:34
      I can generally guess where the BAR is going to go on something.
    • 01:28:37
      You all, I honestly have no idea.
    • 01:28:40
      And so it's, but that's what we've got.
    • 01:28:43
      And so I would say one of the things to
    • 01:28:48
      going forward is to say, we've got these guidelines.
    • 01:28:51
      What do they say?
    • 01:28:52
      What do they mean?
    • 01:28:54
      I'm familiar with them.
    • 01:28:55
      You'll find them very redundant.
    • 01:28:56
      You'll find them extremely broad.
    • 01:28:58
      And I think, Lyle, you do a really good job at the meetings of saying, what do you think?
    • 01:29:04
      What if you get that input and then you make decisions?
    • 01:29:07
      We have BAR meetings where sometimes certain members don't even speak, but they vote on it.
    • 01:29:12
      So you're just going to have to work together.
    • 01:29:16
      And then as far as updating the plan and updating the ordinance relative to the entrance corridor, we'll have to have that conversation at some point in time and offer what input I can.
    • 01:29:28
      But with these couple of projects coming up, I said, this is what we've got.
    • 01:29:33
      Yes, sir.
    • SPEAKER_10
    • 01:29:35
      Did I remember there's something in the CIP for updating the BAR guidelines?
    • 01:29:39
      Correct.
    • Jeff Werner
    • 01:29:43
      I have.
    • 01:29:44
      So our ordinance, every five years, the design guidelines are supposed to be updated or revised.
    • 01:29:52
      Now, that could be nothing more than, well, we changed the font.
    • 01:29:59
      And we had the same problem with the PAR.
    • 01:30:03
      Well, what you have with the guidelines for the historic conservation districts, which are the three neighborhoods, that's some very precise neighborhood stuff.
    • 01:30:13
      The ADC districts, which is the big book, and then you all have yours.
    • 01:30:19
      But before we go out and revise those guidelines, we want to make sure that the comp plan and the ordinance is sort of intact.
    • 01:30:28
      And some of the discussion I've heard is, well, should the BAR be reviewing entrance corridor stuff?
    • 01:30:33
      Possibly.
    • 01:30:34
      I mean, I have some thoughts on that, but I... So... That's for the 24th.
    • 01:30:38
      That's right.
    • 01:30:39
      So I think it's... There's no need to spend money revising those guidelines if, for example, entrance corridors change or something changes.
    • 01:30:50
      So let's... And I think we can make things work in the interim.
    • SPEAKER_10
    • 01:30:58
      Before the 24th, can we get a clarification on that...
    • 01:31:03
      that paragraph that I read, it's item C3 under section 34309.
    • 01:31:07
      Yeah, like, so are we reviewing entrance corridor items
    • 01:31:17
      with an eye towards public health and safety.
    • Jeff Werner
    • 01:31:18
      Well, everything, enabling legislation is, you know, everything has to be anchored in health, safety, and welfare.
    • 01:31:26
      I mean, so you pick any section of the code, that's where it starts with.
    • 01:31:30
      So, no, you aren't, I don't, I'm not aware of anything in the guidelines that talks about, you know, bus stops and, you know, people, you know,
    • 01:31:44
      just a pretty basic health, safety, welfare, pretty standard in the ordinance.
    • 01:31:49
      You are evaluating aesthetics.
    • 01:31:51
      The reason you are evaluating aesthetics and design is because of the health, safety, and welfare of the community.
    • 01:32:02
      That's the General Assembly.
    • Phil D'Oronzio
    • 01:32:07
      I kind of read that, and I sort of paused for something on that.
    • 01:32:11
      I kind of read that as being, you know,
    • 01:32:14
      Planning Commission, you can't be forced down into a box canyon on an issue of the ERB if, in fact, it's interfering with the principle of the basic, you know, stop talking about aesthetics if you're talking about health and safety.
    • 01:32:31
      Stop.
    • 01:32:32
      And that trumps all else.
    • 01:32:34
      That's the way I read it.
    • 01:32:35
      I think that makes sense.
    • 01:32:37
      Our ordinance, I don't think the number of circumstances it might be, but they just wanted to make it clear that, look, if this is turning into a
    • 01:32:45
      a substantive disaster, even though it's aesthetically beautiful, stop and say it's a substantive disaster.
    • Jeff Werner
    • 01:32:53
      The fact that you have voting in the state of Virginia is in order to protect the health, safety, and welfare.
    • 01:33:00
      So that's a preamble at the beginning of every section.
    • SPEAKER_04
    • 01:33:07
      Mr. D'Oronzio, questions on this?
    • Phil D'Oronzio
    • 01:33:09
      Well, I mean, despite the advice from my learned chair, I'm going to squander this opportunity.
    • 01:33:14
      But I'm sure that further information will be forthcoming, whether I ask questions or not.
    • SPEAKER_04
    • 01:33:19
      Relative to further information about?
    • 01:33:23
      Mr. D'Oronzio is a new planning commissioner and is not a major architect.
    • 01:33:27
      I'm having a hard time hearing everybody.
    • 01:33:29
      Sorry.
    • 01:33:30
      Mr. D'Oronzio is not a trained architect, is not a member of the BAR, and is a new planning commissioner.
    • Jeff Werner
    • 01:33:34
      So I'm concerned that he is prepared.
    • 01:33:37
      It's fine.
    • 01:33:37
      Come on in, we'll chat through this.
    • 01:33:42
      I just meant in the sense of additional information, there are things that are coming from Missy and James.
    • 01:33:47
      I'm not necessarily planning on speaking to you all again until...
    • 01:33:52
      We come forward with something specific on some of the projects that are referred to.
    • 01:33:57
      But that said, I'm more than happy to have a conversation anytime you all want.
    • Phil D'Oronzio
    • 01:34:02
      It's just making sure I'm properly trained.
    • 01:34:04
      I believe you have valuable insight.
    • 01:34:07
      That's right.
    • Jeff Werner
    • 01:34:10
      We turn Rory an architect, you're going to find.
    • Phil D'Oronzio
    • 01:34:13
      Yeah, I don't see why we should be holding up your background with that.
    • 01:34:19
      Solzenberg is an example.
    • SPEAKER_13
    • 01:34:21
      So, Jeff, I think your example of like big box retailers is a really great example of the entrance corridors working well, like
    • 01:34:32
      When I go somewhere and I can tell that there are entrance design guidelines in place, I go, wow, this place cares.
    • 01:34:40
      This place cares about their place that they don't just let a big box retailer come in and run their logo all over everything.
    • 01:34:53
      And I think that indicates
    • 01:34:56
      you know, a place that cares about its image and it's how it presents itself to its community and to others.
    • 01:35:03
      So I don't think that's a big imposition, you know, I think that's something that they can be, you know, asked to do.
    • 01:35:11
      I also think it's a little bit, we talk about elements of the comp plan
    • 01:35:22
      you know new new new buildings and new things being compatible with elements of of existing neighborhoods and so we on the planning Commission don't know what you know those things are I don't think we're doing.
    • 01:35:37
      I think we're being a little bit flippant in saying, well, we're not designers, we don't know, because then we're not really responding to the community saying, well, we care about our neighborhood.
    • 01:35:49
      So I do think it's important that we have some awareness of design and that being not just aesthetics, but materiality and things that are unique to Charlottesville.
    • 01:36:04
      And I think the entrance corridor guidelines do a really good job of not requiring someone to necessarily be a trained architect to go, well, does this do that?
    • 01:36:14
      Yes, no.
    • 01:36:16
      So, you know, also understanding how infrequently you do come to us, I think it's like not that much of an imposition on the Planning Commission to review these things.
    • Jeff Werner
    • 01:36:29
      That's a good point.
    • 01:36:30
      And not to be flippant, you have a perfect statement.
    • 01:36:33
      I mean, none of us are land use attorneys or I'm not a civil engineer.
    • 01:36:37
      I'm not even an architect.
    • 01:36:41
      But you're representing an interest in the community and applying
    • 01:36:48
      You're not just being asked, what do you think of this?
    • 01:36:51
      You do have a lens through which to view something and to evaluate it.
    • 01:36:54
      So I think the tension is on things like
    • 01:37:01
      JPA, where we have a prior document that said something.
    • 01:37:05
      And so, but I think we have to, again, that's been litigated.
    • 01:37:10
      We have a special use permit, which has determined the height and the use, and now we're reviewing the design.
    • 01:37:16
      I'm not talking about not allowing this.
    • SPEAKER_04
    • 01:37:19
      So...
    • Jeff Werner
    • 01:37:26
      And I'm glad you said what you said about the entrance corridor because it's one of those things I was thinking about, like, all right, what works?
    • 01:37:32
      And I would say, you know, when you go into Fredericksburg on Route 20, I think, you know, yes, they have strip malls, but there's something very different about that.
    • 01:37:45
      And, you know, signage, lighting, trees, there are things that
    • 01:37:52
      When you're successful, my son always says, you know, success hides things.
    • 01:37:56
      And so, you know, when you're a team that's winning, you know, it hides your weaknesses.
    • 01:38:00
      Well, you know, we are succeeding in things and people just aren't paying attention to it because it's been successful, right?
    • 01:38:09
      But, you know, not to pick on UVA, but go over there and look at those lights at the tennis courts and it's blinding.
    • 01:38:15
      We
    • 01:38:18
      through the BAR have come up with some feasible guidelines that we've used.
    • 01:38:22
      You all asked us the BAR several years ago about glass, had a really good conversation about what does clear glass mean.
    • 01:38:28
      So, you know.
    • SPEAKER_13
    • 01:38:29
      And then that is maybe some of that health safety welfare stuff, you know, lighting and glare and things like that.
    • SPEAKER_04
    • 01:38:38
      Have there any been any actions by the ECRB that have been what?
    • Rory Stolzenberg
    • 01:38:49
      you or we or the general public would consider big failures?
    • 01:38:56
      I can certainly think of some from the BAI.
    • 01:38:58
      Yeah, yeah.
    • 01:38:58
      I mean, certainly.
    • SPEAKER_04
    • 01:38:59
      I think it's, you know, this is again where, you know, and we talk about those a lot.
    • 01:39:10
      We, you know,
    • Jeff Werner
    • 01:39:16
      Yes and no.
    • 01:39:17
      I mean, I sometimes, okay, for example, the wah-wah that's down on Fifth Street, it's hard to get excited architecturally about a ship probably going to be gone in five years.
    • 01:39:32
      All seriousness, I asked when the Chick-fil-A came through several years ago, I asked Carl, I said, how would I describe this architecturally?
    • 01:39:41
      We actually had a good conversation about it.
    • 01:39:46
      It's difficult, but at the same time, the result is
    • 01:39:50
      positive.
    • 01:39:51
      I mean, the Wawa, they wanted to put like a big shed roof.
    • 01:39:55
      And I said, no, we don't have shed roofs.
    • 01:39:58
      That's not typical.
    • 01:39:59
      You did a hip roof out on 250.
    • 01:40:02
      I'd like to see that here.
    • 01:40:04
      I had some trouble with the fake Chippendale railing at the top, but I knew that they have to, we don't want to look at the mechanical units.
    • 01:40:12
      So I can live with that.
    • 01:40:16
      So there's some give and take, but I don't know if there's
    • 01:40:19
      I think more than anything, it's where we've missed something and it's happened.
    • 01:40:24
      I mean, just keep working through it.
    • Rory Stolzenberg
    • 01:40:29
      We won't blame the Raising Cane's drive-through.
    • 01:40:32
      Yeah, that defies explanation.
    • 01:40:38
      So the WAWA is an interesting thing, or interesting point too, right?
    • 01:40:43
      Because I know at the County ARB, which is their UCRB, they have
    • 01:40:49
      agonized over that wah-wah or over their various wah-wahs.
    • 01:40:56
      And they came up with a wah-wah that I guess maybe we, to use the nomenclature, reflects the Charlottesville sense of place.
    • 01:41:08
      Should we be coordinating our entrance corridor guidelines and maybe review with the way that
    • 01:41:17
      The county does entrance corridors.
    • 01:41:18
      I mean, they're the same corridors, right?
    • Jeff Werner
    • 01:41:20
      Yeah.
    • 01:41:20
      Margaret and I have been friends a long time.
    • 01:41:23
      You know, we talk.
    • 01:41:24
      I mean, they are, to a certain extent, coordinated.
    • 01:41:30
      They're certainly not at odds.
    • 01:41:34
      But, like, one of the big questions, you know, is, you know, what's the pedestrian experience?
    • 01:41:37
      It's a wallop.
    • 01:41:39
      But in fact, you know, the design guidelines say, you know, there are areas of the city that are intended to be auto oriented.
    • 01:41:46
      This is this is strip commercial.
    • 01:41:49
      We acknowledge that.
    • 01:41:50
      So it's not trying to make it, you know, downtown Charlottesville.
    • 01:41:56
      But what I try to do is I look at
    • 01:42:02
      Good materials, you know, and you're not coming in with a vinyl siding or fakes, you know, try use stone and masonry and metal and try to build some permanence at least into something.
    • 01:42:18
      Not something that in five years is going to deteriorate and look like heck.
    • 01:42:22
      That's sort of my first threshold.
    • 01:42:25
      You also try to look at what's there.
    • 01:42:27
      How will this fit into what's there?
    • 01:42:29
      Although with the comp plan changes, it's hard to say.
    • 01:42:32
      What's there now isn't the model.
    • 01:42:37
      But I could go through some, if it would help you all to maybe explore some of the things that have been evaluated.
    • 01:42:43
      We haven't had that.
    • 01:42:49
      Ranch Road Shopping Center's been here since, what, the 70s.
    • 01:42:52
      That's why we have a down mall, because they built that and everything started moving to it.
    • Rory Stolzenberg
    • 01:42:59
      Yeah, I mean, it seems to be like the last big thing was Gallery Court, which doesn't exist yet, or maybe Dairy Central.
    • Jeff Werner
    • 01:43:09
      Well, for you all...
    • 01:43:11
      It was Derry Central, Arlington Oak, which has gone away.
    • 01:43:15
      Who knows?
    • 01:43:16
      It may come back.
    • 01:43:18
      Hillsdale Place, which will probably be coming back modified.
    • 01:43:23
      The medical building down here on East High.
    • SPEAKER_04
    • 01:43:28
      So that's about it.
    • 01:43:29
      And the Wawa, of course.
    • 01:43:31
      Naturally.
    • 01:43:32
      Mr. Palmer, aesthetics.
    • 01:43:37
      I'm sure-
    • 01:43:39
      Michael Koch, Lyle Solla-Yates, Michael Koch, Lyle Solla-Yates, Michael Koch, Lyle Solla-Yates, Michael Koch, Lyle Solla-Yates, Michael Koch, Lyle Solla-Yates, Michael Koch, Lyle Solla-Yates, Michael Koch, Lyle Solla-Yates, Michael Koch, Lyle Solla-Yates, Michael Koch, Lyle Solla-Yates, Michael Koch, Lyle Solla-Yates, Michael Koch, Lyle Solla-Yates, Michael Koch, Lyle Solla-Yates, Michael Koch, Lyle Solla-Yates, Michael Koch, Lyle Solla-Yates, Michael Koch, Lyle Solla-Yates, Michael Koch, Lyle Solla-Yates, Michael Koch, Lyle Solla-Yates, Michael Koch, Lyle Solla-Yates, Michael Koch, Lyle Solla-Yates, Michael Koch, Lyle Solla-Yates, Michael Koch, L
    • 01:44:08
      Ever.
    • 01:44:09
      Since we started doing government.
    • 01:44:12
      And I see many conflicts within the existing guidelines for the ERB, ECRB.
    • 01:44:22
      I don't know why they didn't put the C in there, but it's ERB.
    • Jeff Werner
    • 01:44:25
      It is ERB.
    • 01:44:26
      It's not ECRB.
    • SPEAKER_04
    • 01:44:28
      This is all very confusing.
    • Jeff Werner
    • 01:44:29
      Acronyms, that's how we keep you all in the dark.
    • 01:44:33
      That's what planners do.
    • SPEAKER_04
    • 01:44:35
      So, you know, I understand the need for some updates, some moderations, some reasonableness.
    • 01:44:42
      I don't know how or when it will do that, but I do see the need.
    • Jeff Werner
    • 01:44:46
      So the conflict is really, as I said, in those corridor-specific recommendations where it says, you know, this really should be max three to five stories.
    • 01:44:56
      The current comp plan isn't there.
    • 01:44:59
      But the prior chapters that discuss, you know, what a building should be and, you know, how to, you know, the site could be designed and activated.
    • 01:45:07
      Those are still applicable.
    • 01:45:09
      You're just going to have to, where we come to something that seems there's a conflict, we're going to acknowledge it and we're going to refer to the current comp plan and the current ordinance and apply them to the best of your ability.
    • Rory Stolzenberg
    • 01:45:23
      Is there a reason for the guidelines to duplicate things that are going to be in the ordinance anyway?
    • Jeff Werner
    • 01:45:29
      There's nothing specific.
    • 01:45:34
      I mean, the guidelines are anchored in the ordinance.
    • 01:45:37
      They're allowed by the ordinance, not the other way around.
    • 01:45:42
      But it's where, what is an entrance corridor and where and which
    • 01:45:48
      what things fall under the ERB's purview, you may alter that.
    • 01:45:54
      I think, for example, it would really help to clarify what I look at and what you all need to look at.
    • 01:46:00
      Right now, we kind of have a policy that we work with.
    • 01:46:04
      but that should be kind of clear and specific um so you're right the the the guidelines could change or we could modify the guidelines without worrying about the ordinance but it's in those street by street things that if we're going to do it let's do it all in place Mr. Payne aesthetics please I wouldn't even know where to begin um
    • SPEAKER_22
    • 01:46:31
      I don't know.
    • 01:46:33
      I think I would share Commissioner Russell's kind of perspective.
    • 01:46:37
      I'm most interested in most immediately the JPA project and just kind of what practical, meaningful role the Planning Commission has on what that project ends up looking like.
    • 01:46:55
      Because, to me, that seems the most relevant area is those larger kind of developments, which our comprehensive plan now allows us trickiest areas, because those are the ones that people get the most upset about aesthetically.
    • 01:47:07
      And it seems like conceivably you go to other cities, there is a meaningful difference in the building materials and the designs of how those larger buildings look and
    • 01:47:19
      Do you have something that is better and more intentional or something that's just clearly the cheapest possible building materials and designs and you get your gentrification boxes that you could see in any city in the country anywhere.
    • 01:47:33
      But I don't know what if any mechanism there has to try to guide that design as we move to larger density and I don't know if this is actually a meaningful
    • 01:47:43
      place to try to guide building materials and design in a more intentional way.
    • 01:47:48
      I don't know if any of that makes sense, but that's kind of my interest in it.
    • SPEAKER_13
    • 01:47:52
      It makes a lot of sense.
    • 01:47:53
      We keep saying we're going to have this quality of building that's going to reflect a thing that we're, you know, having to find out what that is, but there must be a mechanism to do that or else it's going to be the cheapest thing we can do.
    • Rory Stolzenberg
    • 01:48:07
      I think there is a third option there, though, which is like the five over one, the generic five over one that has just like been so tortured by design review to be as articulated as possible and be things that's not, that it still looks like it's from anywhere or even especially looks better.
    • SPEAKER_22
    • 01:48:26
      I would agree the process can result in just random articulations and a couple new building materials that functionally aren't interesting in any way.
    • 01:48:37
      To your point, it could even be worse.
    • 01:48:38
      I'm not going to say the BAR has ever done that.
    • SPEAKER_16
    • 01:48:40
      But I don't know.
    • 01:48:41
      I think what you...
    • Jeff Werner
    • 01:48:46
      And I say this also as a builder in the first third of my professional career.
    • 01:48:50
      So, you know, you want me to build something inexpensive, I can build you something inexpensive.
    • 01:48:56
      In five years, it's going to look like I built it inexpensively.
    • 01:49:00
      And there's a reason my house...
    • 01:49:03
      couple blocks that way has been standing there since 1880s.
    • 01:49:08
      And there's a reason that places that were built in the 70s, people can't find a way to sell.
    • 01:49:14
      So there's a reality to the materials that are used.
    • 01:49:18
      Now that's separate from maybe how the architect puts those together, but there is an element in these guidelines about what are those materials and how are they incorporated in what project.
    • 01:49:30
      And I do think that's going to be a challenge moving forward because there are things coming and they look great on paper and they look great in the renderings and you go out there and it's styrofoam stucco that you can throw a ball through.
    • 01:49:46
      or windows that fog up after three years.
    • 01:49:48
      So, but that's hopefully where I am here to kind of offer some perspective on those things.
    • SPEAKER_04
    • 01:50:00
      Mr. Winner, do you have what you need for us?
    • Jeff Werner
    • 01:50:03
      You know, gave me something to do tonight.
    • 01:50:05
      I didn't get any pizza.
    • 01:50:07
      I don't know.
    • 01:50:07
      We're not, BAR is not getting fed either.
    • 01:50:14
      I think you all can get there.
    • 01:50:17
      I really do invite you to stop in.
    • 01:50:20
      Let me show you what we do and how you fit into it.
    • 01:50:25
      It's a partnership.
    • 01:50:26
      It's a relationship.
    • 01:50:27
      It's
    • 01:50:29
      You're not a jury, necessarily.
    • 01:50:33
      You're helping to guide a process.
    • 01:50:35
      And I think my biggest fear is, like I said, there's an expectation an architect's going to put in a lot of money into a design and bring you a final design.
    • 01:50:44
      And that just isn't how the process works.
    • 01:50:47
      Yeah, maybe when you're building an addition on the back of a house, but a 90,000 square foot building on West Main is going to take a process.
    • SPEAKER_10
    • 01:50:54
      Are you asking us permission to do a preliminary discussion?
    • SPEAKER_04
    • 01:50:58
      Well, okay, for example, BAR, things that are, some things require a preliminary discussion.
    • Jeff Werner
    • 01:51:10
      I think it's, honestly, we're going to have to go through the next two
    • 01:51:14
      design review projects and kind of go, how's this feel and what's this like?
    • 01:51:18
      Because I do think there are things that are going to start coming in and we're going to see each other more often.
    • 01:51:26
      So we're going to have to evaluate that process as it goes.
    • 01:51:29
      But the architects that I work with in town, and they're the same ones that will be bringing you EC projects, they keep asking me, well, can I just come in and talk to the planning commission about this?
    • 01:51:40
      It's like,
    • 01:51:42
      Not the same process, but... Why not?
    • 01:51:45
      Well, we can figure that out.
    • 01:51:47
      You guys have a lot on your plate.
    • 01:51:49
      And to have a good discussion about a design, it can't happen at 1130 at night.
    • 01:51:56
      I mean, it has to be something that, you know, we have a discussion about when everyone's awake.
    • Rory Stolzenberg
    • 01:52:03
      Yeah, and we just don't have any work session space.
    • 01:52:07
      Would something like two over twos, as much as two on two...
    • 01:52:13
      What is the word you guys do?
    • Jeff Werner
    • 01:52:19
      I do that with BAR.
    • 01:52:22
      We've done that.
    • 01:52:22
      I think it's also, you know, what form should something have come in?
    • 01:52:30
      You know, at what point should you all be looking at?
    • 01:52:33
      And it's not like in BAR, look at something, it's just the sort of the polygons that's going to occupy that space and there's no skin on it, but you
    • 01:52:42
      I will say that's where the architectural training helps to sort of see that thing in three dimension, but.
    • SPEAKER_04
    • 01:52:50
      Something we did with East High, something we did with East High, I can't remember which project.
    • 01:52:57
      The medical building.
    • 01:52:58
      That sounds right.
    • 01:52:59
      Let's have a small meeting during the day, I think with me and Mr. Lothendra and the applicant talking about design issues.
    • Jeff Werner
    • 01:53:06
      I think this was a review.
    • 01:53:06
      Like I said, we've done it.
    • 01:53:09
      It's just been like,
    • 01:53:12
      just hasn't been our practice with you all.
    • 01:53:14
      And we have to fix this.
    • 01:53:15
      Well, we can do it.
    • 01:53:16
      I don't mind.
    • SPEAKER_04
    • 01:53:18
      I thought it was productive.
    • 01:53:19
      Their designs were terrible and then became moderately less terrible.
    • 01:53:25
      Sorry.
    • Jeff Werner
    • 01:53:30
      Architects get used to getting beat up.
    • 01:53:31
      I will say that's part of their training is to have their
    • 01:53:37
      You know, they put their dreams and wishes on a piece of paper and have someone humiliate them about it.
    • 01:53:42
      They're used to it.
    • 01:53:44
      So it's okay.
    • 01:53:45
      It's okay.
    • Rory Stolzenberg
    • 01:53:46
      We're going to beat up some engineers right after this.
    • Jeff Werner
    • 01:53:49
      Engineers are different.
    • 01:53:52
      So sorry.
    • 01:53:52
      I know it took more time than 15 minutes.
    • 01:53:55
      I think it's helpful.
    • 01:53:56
      I think we need to get to know each other.
    • 01:53:58
      You all, I urge you, go through those guidelines.
    • 01:54:02
      Yes, it's like any other document someone gives you to read, but you've got to, we've got a responsibility to these applicants to give them, you know, give them the full attention that they're due for, you know, or otherwise, you know, you can, it's fine, say, I abstain or present.
    • 01:54:19
      I mean, but if you're, if we're going to do the process on the community's behalf,
    • 01:54:25
      need to be at least familiar with the guidelines.
    • 01:54:28
      There are some on the BAR who have memorized the things, and I love that.
    • 01:54:32
      But I'm not asking you to become an expert on them, but be familiar with them so that we can at least work through them and apply them.
    • 01:54:41
      Other than that, I thank you guys because I know this is not what you always do.
    • SPEAKER_04
    • 01:54:47
      I am grateful for your service.
    • 01:54:49
      Thank you.
    • 01:54:49
      Thank you for your patience.
    • 01:54:50
      No, I
    • 01:54:54
      out of two patients tonight.
    • 01:54:59
      How are we feeling?
    • 01:54:59
      Are we ready to proceed?
    • 01:55:01
      You have more time.
    • 01:55:03
      Let's go to an issue about steep streets.
    • SPEAKER_17
    • 01:55:09
      Steep streets.
    • SPEAKER_04
    • 01:55:18
      Good evening, commissioners.
    • Brennen Duncan
    • 01:55:19
      Yeah, planning commissioners.
    • 01:55:23
      My name is Brennan Duncan.
    • 01:55:24
      I'm the city traffic engineer.
    • 01:55:26
      I'm here tonight to bring forward, I guess, talk about the staff's report for a street grade waiver that was denied by staff.
    • 01:55:38
      And the applicant has then taken their ability to appeal that to the planning commission.
    • 01:55:45
      So this is for 240 stripling.
    • 01:55:48
      I won't read verbatim my staff report here, but this first came before planning commission as a PUD application and critical slope application back in early 2021.
    • 01:56:05
      To give a little bit of the history of that from staff's perspective, during that process, we did note the steepness or the apparent steepness of some of the streets in that application to the applicant.
    • 01:56:20
      They subsequently said, not a problem.
    • 01:56:23
      We'll address that when we get to the site plan stage.
    • 01:56:29
      Again, we had made our comments known.
    • 01:56:32
      So fast forward to then getting the application for the site plan, noting that the 8% that should be met was 9.5%.
    • 01:56:44
      And the applicant for the code submitted a request for a waiver.
    • 01:56:54
      up to the 10%.
    • 01:56:55
      So they have grades at 9.5% on their current site plan application.
    • 01:57:02
      In their waiver, they identified five areas of reason that they should be granted the waiver.
    • 01:57:11
      Those included existing site constraints, minimizing the environmental impacts, community safety and welfare, accessibility considerations, and then basically
    • 01:57:24
      supporting documents from VDOT and AASHTO
    • 01:57:27
      that say that they allow for streets steeper than the 8% as well.
    • 01:57:34
      Their application for that waiver was included in your packet, so I'm not going to go over that in detail.
    • 01:57:42
      But the staff's, I guess, responses to those, as far as the existing site constraints, we didn't feel that there was enough justification to grant it solely on
    • 01:57:54
      On site constraints, there are steep grades on the site.
    • 01:57:58
      But as part of their current site plan application, they're moving a lot of earth.
    • 01:58:07
      There's cuts and fills in close to 10 to 12 feet all over the place.
    • 01:58:13
      So it's not like they're trying to adhere to the existing topography of this site.
    • 01:58:18
      They're doing a mass terraform of the site to get to their final thing.
    • 01:58:24
      um environmental impacts um they they noted that um there would be in order to accomplish the eight percent grades um that there would be a lot of fill that they would have to bring in um
    • 01:58:38
      They had not presented us with kind of background documentation of that, and staff didn't feel the need to ask for it because, in our opinion, it was more of a financial burden of having to bring in and truck out dirt than an actual environmental reason.
    • 01:59:00
      but again noting the amount of dirt that's moving on the site and looking at some of the topography I don't have the ability to to say yes or no as to you know whether there's truly a thousand truckloads that will be coming in so I'll just I'll note that the
    • 01:59:20
      The third item that they had on there, community safety and welfare.
    • 01:59:25
      Again, it was kind of the trucks coming in and out down, scribbling, and then also the fact that they would need to add retaining walls at the back.
    • 01:59:36
      Again, the retaining walls seems much more like a
    • 01:59:42
      financial burden, which in the city code does not allow staff to kind of take into consideration when making these determinations.
    • 01:59:49
      There's already retaining walls that are 10, 15 feet tall, adding, you know, four to six feet of retaining wall on top of that doesn't seem like it's, you know, really a safety concern, you know, over and above what's already there.
    • 02:00:07
      The fourth one is really where staff's
    • 02:00:11
      I guess hesitation with granting this waiver is.
    • 02:00:13
      It's the accessibility considerations.
    • 02:00:17
      ADA is a very complex document.
    • 02:00:25
      It's not even really a document.
    • 02:00:27
      It's a way of thinking.
    • 02:00:28
      I don't know how to put it.
    • 02:00:30
      There are guidelines for ADA as it pertains to buildings.
    • 02:00:34
      There are guidelines as it pertains to
    • 02:00:36
      the right of way for trails so like there's you know and a lot of times it's it's one of those things where you're not truly in violation until you're sued and so staff stance and on this is the the maximum
    • 02:00:54
      The juxta of the issue is the maximum allowable ADA grade that's actually presented in any text is 1 on 12, which is 8.33%.
    • 02:01:09
      there is a stipulation in there that allows for sidewalks to meet an existing road grade and that that's in compliance but it's staff's you know understanding and talking to FHWA the Federal Highway Administration as well as just the intent of the code that we feel um
    • 02:01:33
      it deserves is that, you know, it should be as accessible as possible.
    • 02:01:38
      The current code says it's 8%, you know, and that we can waive it up to 10%, but really, you know, we're trying to make it as accessible as possible and think that the 8% is achievable.
    • 02:01:55
      The last point, again, referencing the VDOT and AASHTO and PROAG guidelines
    • 02:02:02
      you know the city is allowed to be more restrictive than VDOT and AASHTO currently our code is more restrictive than VDOT and AASHTO so referencing that and saying that you know we're in compliance with that really doesn't have any bearing on whether or not we should grant at least in our opinion the waiver so overall staff didn't feel like there was enough backing or enough reason
    • 02:02:31
      to grant the waiver.
    • 02:02:34
      Patrick, can you bring up a couple of the slides that I had?
    • 02:02:39
      So again, just for visual reference here, actually go to the next slide.
    • 02:02:48
      Yeah, so this is the development as was kind of proposed in the initial application.
    • 02:02:56
      On the left of the screen is Stribling Avenue,
    • 02:03:02
      Thank you.
    • 02:03:04
      And kind of middle of the screen on the top part, I don't think you can really see it that well in the PDF, but there's the cul-de-sac for Morgan Court.
    • 02:03:14
      So the green highlighted areas on the screen are the four locations where the road exceeds the 8% threshold.
    • 02:03:24
      The, you know, the
    • 02:03:27
      The application was put in as a kind of a blanket application for all of these areas, and we treated it as that.
    • 02:03:36
      If you so choose, you can kind of, you know,
    • 02:03:39
      maybe look at it as four separate areas, because I think there is possibly a way where you could make it work on some of these, if not all of them.
    • 02:03:50
      It's still my assertion that the development could be done.
    • 02:04:00
      Meeting the 8%, excuse me,
    • 02:04:04
      while still leaving the current layout.
    • 02:04:06
      Again, the fact that we had brought this up during the whole PUD discussion when the layout wasn't set, you know, that's a little frustrating from staff's point of view because, you know, you could have a completely different layout and this wouldn't be an issue at all.
    • 02:04:23
      Same thing with the critical slope saying that, you know,
    • 02:04:25
      We have to stay within the critical slopes that we asked for back when we were getting the PUD.
    • 02:04:30
      That discussion, again, if we had a different design or whatever, you're accounting for it on the front end instead of trying to do a design and then be like, oh, it doesn't fit, and now give us a waiver.
    • 02:04:45
      So more generally, one of the main reasons
    • 02:04:52
      for the denial was there's two fixed grade points.
    • 02:04:57
      There's Stripling Avenue and there's Morgan Court.
    • 02:05:01
      And the straight grade between those two roads is, I believe it's like 6.3%.
    • 02:05:06
      So there's really...
    • 02:05:11
      You know, no reason not to be able to achieve 8%.
    • 02:05:14
      We have granted the waiver in other recent things.
    • 02:05:19
      In fact, one of them was Charlie Armstrong's other development, Keen Court.
    • 02:05:26
      That street, you know, we had two fixed grades and you just could not physically get, you know, 8% between there.
    • 02:05:32
      So we made sure that the intersections were 100%, you know, met all of the stipulations of ADA.
    • 02:05:41
      And then the tangential pieces of it, we allowed to go steeper than that just so that we could actually connect to the streets.
    • 02:05:48
      So it's not that staff is saying that it's never appropriate, but in this instance, with the fact that, you know, those, you can physically connect those two points with a straight line of 6%, you know, there's really no reason not to reach 8%.
    • 02:06:06
      So yeah, so it's staff's recommendation that Planning Commission would uphold the denial.
    • 02:06:12
      We do have several suggested motions on there if you choose to follow those.
    • 02:06:19
      That's it for my presentation.
    • 02:06:23
      I know the applicant has something that they'd like to share as well.
    • SPEAKER_04
    • 02:06:30
      Mr. Mitchell, do you have any questions on that?
    • 02:06:33
      No, it's pretty clear I'm moving forward to the applicant's rebuttal.
    • 02:06:36
      Mr. Rathio?
    • 02:06:37
      Yeah.
    • 02:06:38
      Mr. Russell?
    • SPEAKER_13
    • 02:06:39
      I don't think I have any questions for staff.
    • SPEAKER_04
    • 02:06:41
      Mr. Schwarz?
    • 02:06:42
      No questions for staff.
    • 02:06:44
      Mr. Stolzenberg?
    • 02:06:44
      Not right now.
    • 02:06:47
      Mr. Palmer?
    • 02:06:50
      No.
    • 02:06:51
      Mr. Payne?
    • 02:06:52
      No.
    • 02:06:53
      Are we opening ourselves up to a lawsuit?
    • 02:06:57
      What?
    • 02:06:58
      If you approve the appeal, I don't believe so.
    • 02:07:07
      Thank you.
    • 02:07:08
      But I'm not a lawyer.
    • 02:07:12
      I would like to hear from the applicant, please.
    • 02:07:14
      Sure.
    • 02:07:19
      All right.
    • SPEAKER_14
    • 02:07:20
      Good evening, Commissioners.
    • 02:07:21
      My name is Clint Shiflett.
    • 02:07:22
      I'm with Timmons Group, a civil engineer representing the applicant's Southern Development on this project.
    • 02:07:28
      Oh, can we pull up the, yeah, just a second.
    • SPEAKER_04
    • 02:07:31
      Great.
    • 02:07:32
      I hate to have to describe every slide.
    • 02:07:40
      Oh, no, it's us.
    • 02:07:42
      We've been out there all the time.
    • SPEAKER_14
    • 02:07:45
      That was my plan.
    • 02:07:48
      So I won't go through an introduction.
    • 02:07:50
      I think everybody's aware of the 240 Shriveling Avenue project.
    • 02:07:53
      I think Brandon did a pretty good job of kind of running through our request.
    • 02:07:56
      Yeah, I guess we can go to the next slide.
    • 02:08:02
      So this is a pretty brief presentation.
    • 02:08:05
      Generally, I want to just kind of hit some of the high points for the most part in the waiver.
    • 02:08:09
      Can we go back to that one previously?
    • 02:08:11
      Sorry.
    • 02:08:13
      So real quick, I want to just kind of explain to the commission that kind of what is a 10% slope street?
    • 02:08:20
      What does it feel like?
    • 02:08:21
      I know we throw these percentages out there.
    • 02:08:24
      But, you know, kind of understanding where do they feel like?
    • 02:08:26
      How do they function?
    • 02:08:27
      I think it's important.
    • 02:08:28
      And what is some precedent, some context in the city?
    • 02:08:32
      So I just went through a couple of these just so we can kind of all be aware.
    • 02:08:35
      This one right here is at Rose Hill Avenue or Rose Hill Drive, excuse me, right at the intersection of Preston Avenue.
    • 02:08:44
      Right here, we're right at about 10% of this location.
    • SPEAKER_04
    • 02:08:48
      We can go to the next slide.
    • 02:08:54
      Just one more example.
    • 02:08:55
      This provides maybe a little more neighborhood context.
    • SPEAKER_14
    • 02:08:58
      This is Sunset Road, just down the street from the proposed development.
    • 02:09:02
      I think this location right here, we picked up a slope about 12.5%.
    • 02:09:06
      There's, of course, you go down further on Sunset Road, if you guys are familiar with this area, it gets quite a bit steeper than that.
    • 02:09:13
      This area right here that we kind of indicated is right at about 12.5%, just down the street here in the Frye Springs neighborhood.
    • 02:09:21
      You know, we'll note, you know, we kind of did a desktop survey across city GIS.
    • 02:09:27
      And it's important to note, there's a lot of precedent for this.
    • 02:09:31
      There are dozens that may even be an understatement of streets to the city of Charlottesville that well exceed 10%.
    • 02:09:37
      Next slide, please.
    • 02:09:43
      It's kind of an elementary diagram here, but we just kind of wanted to demonstrate, you know, hey, what is the difference in an 8%, 9.5% grade?
    • 02:09:50
      So that's what this represents.
    • 02:09:53
      The gray line here at the bottom is at 0%, the blue line at 8%, and then our waiver request, which is up to 10%, but our current design indicates a maximum slope of 9.5%.
    • 02:10:07
      So that's the difference.
    • 02:10:08
      That's to scale.
    • 02:10:09
      That's
    • SPEAKER_04
    • 02:10:12
      you know actual slopes.
    • 02:10:14
      Next slide.
    • SPEAKER_14
    • 02:10:18
      Brent, some of our slides were overlap here.
    • 02:10:21
      So this one right here, we just wanted to kind of demonstrate, Brent touched on some, but demonstrating kind of how we're trying to limit the use of the steep grades.
    • 02:10:32
      You know, I think it's important to note that we're not, you know, coming in here and, you know, trying to throw steep grades everywhere, trying to be thoughtful about how we're implementing them.
    • 02:10:42
      And so the areas here in green indicate the areas that we are
    • 02:10:46
      Our current design has grades steeper than 8%.
    • 02:10:50
      You'll notice between the green areas, so this will come up later in the conversation when we talk about ADA accessibility.
    • 02:10:57
      We flatten out at the intersections intentionally to be able to provide pro-wag is the new buzzword now, public rights away of accessibility guidelines, which is kind of what the city engineering staff is hanging their hat on.
    • 02:11:10
      for these sort of things.
    • 02:11:11
      Anyways, we're flattening at each of those intersections in such a way that we can provide road crossings that are compliant with the PRO-WAG standards.
    • SPEAKER_04
    • 02:11:24
      Next slide.
    • SPEAKER_14
    • 02:11:28
      Again, just briefly, Brian kind of shared this as well.
    • 02:11:30
      So this is kind of existing conditions and constraints, Matt.
    • 02:11:35
      This is in the waiver.
    • 02:11:35
      I think a lot of these things that you're going to see here were in the waiver.
    • 02:11:39
      The brown lines there kind of indicate the proposed road network.
    • 02:11:43
      It's kind of overlaid on the existing conditions.
    • 02:11:46
      As you can see, we roughly have a slope across the site, particularly from that high point on the left end of the site, closer to Stribling Avenue, of about 11% in grade existing today.
    • 02:11:59
      As Brandon noted, if you do draw that blue straight line, it may be hard to tell on this slide here, but again, it's in the PC packet and in the waiver itself, but I think it's 6.3% is the existing slope, tying point to point.
    • 02:12:10
      That is accurate.
    • 02:12:16
      What we take into account completely is that there's a high point, you know, there's a ridge that comes up and then back down that you have to navigate as well.
    • 02:12:25
      And it also doesn't take into account the fact that we have to flatten out at each of those intersections to be able to provide a flat enough grade for adequate pedestrian crossing.
    • 02:12:33
      So it's kind of a tough, it's tough to evaluate it based on, hey, is it 6.3%?
    • 02:12:39
      Well, yes, but large segments of the road cannot be that steep.
    • 02:12:44
      I'll also note, I think we heard Brendan note two fixed points.
    • 02:12:49
      Those are two fixed points on the site.
    • 02:12:50
      You know, I would argue that maybe the more constraining element of the site as a whole over here on the east side of the site is associated with Morris Creek, the associated steep slopes and 100-year floodplain, which we have to stay completely out of.
    • 02:13:06
      So that kind of condenses that site in, further constricting, you know, length to be able to transition grade, things like that.
    • 02:13:13
      So, you know, there's several constraints.
    • 02:13:15
      Also note, kind of, if you look at the left side of the sheet here, closer to Stribbling, we have residential uses close to those property lines.
    • 02:13:25
      So we have to stay pretty close to grade and that left kind of like, if this was Oklahoma, right, this would be the panhandle.
    • 02:13:32
      On the extent of that, we have to
    • 02:13:36
      maintain as close as we can to existing grade to not impact the lot.
    • 02:13:40
      So that's also a constraint.
    • 02:13:41
      So, I mean, I would say this site is pretty heavily constrained, even beyond those two points that I think Brennan pointed out.
    • 02:13:50
      Next slide, please.
    • 02:13:54
      Sorry for the text, but environmental impacts, community safety.
    • 02:14:00
      So we were asked by engineering staff, and I think it's part of the waiver request process to demonstrate why granting the waiver would have a positive environmental impact, how it would improve community safety.
    • 02:14:13
      We kind of hung our hat on two items, and this is really the crux of why we're asking for the waiver to begin with.
    • 02:14:20
      So approval of the waiver would...
    • 02:14:22
      would provide a balanced site.
    • 02:14:24
      That is, earthwork of the project would roughly balance, meaning minimal dump truck loads in and out of the site to carry fill dirt, which causes decreased volume of construction traffic.
    • 02:14:36
      Denial of the waiver would result in north of 1,000 large dump truck trips to and from the site to import approximately 12,500 cubic yards of fill dirt.
    • 02:14:48
      That in turn means an increased volume of construction traffic on Stribling Avenue and everything that comes along with that increased air pollution, noise, vibrations, community nuisance of that many large trucks coming in and out of Stribling Avenue, which we feel can be avoided.
    • 02:15:11
      And I will note on the analysis we did for this, we did a really rigorous earthworks cut-fill balance analysis as part of our design.
    • 02:15:21
      We're taking into account things like compaction rates, depth of pavement sections.
    • 02:15:27
      We feel like that 12,500 cubic yards, 1,000 dump truck loads was arrived at in a
    • 02:15:37
      in a pretty precise manner.
    • 02:15:39
      So we do support that number.
    • 02:15:41
      We feel that is accurate.
    • 02:15:45
      Next slide, please.
    • 02:15:46
      I'm almost done.
    • 02:15:49
      The second part of the environmental impacts is
    • 02:15:53
      You know, the fact that street grades would also have a major impact to the site retaining walls.
    • 02:15:58
      We heard some things in the email correspondence, and I think again tonight, that maybe the perception of staff may be that cost is what's driving this waiver request.
    • 02:16:10
      You know, we ran some numbers, talked to Charlie, to the development folks, you know, early this week, last week, we crunched some of that.
    • 02:16:18
      It's important to note that that fill dirt is essentially free.
    • 02:16:21
      You've got projects going on at UVA.
    • 02:16:25
      getting rid of dirt and paying to do so.
    • 02:16:27
      And Charlie, you know, in Southern Developments and in my experience as well, it's really rare that a contractor would have to pay to bring in fill dirt.
    • 02:16:36
      That's essentially no cost.
    • 02:16:39
      When we looked at the cost of the retaining walls, the additional retaining walls that would need to be constructed, we get about $50,000 worth of retaining walls.
    • 02:16:48
      And that is a pretty nominal number given the overall scope and budget of the project.
    • 02:16:56
      But again, so approval of the waiver to provide the slopes up to 10% in grade would result in minimization of the retaining walls height and length.
    • 02:17:04
      Denial would result in additional 185 feet of retaining walls at about six foot average height and an additional two and a half to four feet in height to what we're proposing already of 231 feet of retaining walls.
    • 02:17:21
      Next slide.
    • 02:17:23
      This is kind of the second big point I think we heard from staff was pedestrian accessibility considerations.
    • 02:17:30
      So I guess I'll just kind of jump into the code here.
    • 02:17:34
      So road grades up to 10% as requested are consistent with the following accessibility guidelines, specifically the U.S.
    • 02:17:41
      Board's PROAG, which is the public right-of-way accessibility guidelines I mentioned earlier.
    • 02:17:47
      and their code section titled within street or highway right away, it states where pedestrian access routes are contained within a street or highway right away, the grade of pedestrian access route shall not exceed the general grade established for the adjacent street or highway.
    • 02:18:03
      That is a long way of saying if the sidewalk slopes match the adjacent street, then they are compliant.
    • 02:18:15
      The second portion, I think, so that kind of deals with longitudinal slopes.
    • 02:18:19
      So thinking about cross slopes as we cross intersections, kind of the second piece of this.
    • 02:18:24
      So in the section in the Pro-Ag documentation, the guidelines titled pedestrian street crossings without yield or stop control states where pedestrian access wraps are contained within pedestrian street crossings
    • 02:18:36
      without yield or stock control, the cross slope of the pedestrian access route shall be 5% maximum.
    • 02:18:42
      We've demonstrated in the site plan documents as well as the waiver request, which I think you guys have all seen.
    • 02:18:48
      We've ran profiles, cross section profiles across each of those intersections to demonstrate that we're actually at 4.8% max cross slopes across those intersections.
    • 02:18:58
      So we, again, are in compliance with all of the guidance that's applicable to the project.
    • SPEAKER_04
    • 02:19:09
      Next slide, please.
    • SPEAKER_14
    • 02:19:14
      So the request of waiver requests for street grades that we're asking is also in compliance with national, state, city, national, state, and city standards of design as it relates to road design.
    • 02:19:26
      I think as Brendan mentioned, AASHTO, the American Association of State Highway and Transportation Officials,
    • 02:19:32
      And their green book is what this book is called, which is the leading guidance manual that contains the current standards for highway and street design.
    • 02:19:41
      VDOT kind of derives their standards from AASHTO.
    • 02:19:45
      City of Charlottesville, I think, at least in part, leans on some of that guidance.
    • 02:19:50
      But the green book for the local roads and streets states grades for local and residential streets shall be less than 15%.
    • 02:19:58
      way, way higher in steepness than what we are requesting.
    • 02:20:03
      VDOT's geometric design standards for urban and local street system also states that maximum percent of grade shall be 15%.
    • 02:20:09
      And then even in the Charlottesville standards and design manual, which is current,
    • 02:20:15
      and the geometric design standards for urban and local street systems states that the maximum street grades shall be less than 10%.
    • 02:20:22
      So our request is very much within the framework of all these guidelines and I think lives up to all of these standards.
    • SPEAKER_04
    • 02:20:34
      All right, next slide.
    • 02:20:36
      This is the last one.
    • SPEAKER_14
    • 02:20:39
      So to conclude, you know, I think it's kind of put a bow on this.
    • 02:20:42
      We would like to point out that this waiver request is in line with the goals of the comprehensive plan and considering the impact of development and natural and cultural resources, as well as prioritizing the quality of life for Charlottesville residents.
    • 02:20:56
      The waiver request demonstrates in great detail the environmental and community benefits, which significantly outweigh the reasons to deny the waiver.
    • 02:21:04
      Additionally, we've also demonstrated on top of all of that compliance with local state
    • 02:21:09
      and national guidelines and regulations for both highway design, street design, and accessibility standards.
    • 02:21:17
      So that's all I've got for my presentation.
    • 02:21:20
      We appreciate your consideration of the waiver and happy to answer any questions.
    • SPEAKER_08
    • 02:21:24
      Thank you.
    • 02:21:25
      Mr. Mitchell.
    • 02:21:26
      So are you a lawyer?
    • SPEAKER_14
    • 02:21:29
      I am not.
    • 02:21:30
      Were you on the debate team in high school?
    • 02:21:34
      I was not, no.
    • 02:21:36
      I had an older sister, though.
    • 02:21:37
      We debated quite a bit.
    • SPEAKER_02
    • 02:21:39
      Absolutely, because you've answered several questions, and you've answered most of them.
    • 02:21:43
      There's only one that you didn't answer, and I think the question is, why are we here?
    • 02:21:50
      I think these guys suggested all along that there were going to be problems with the grave.
    • 02:21:58
      if you got to a certain steepness.
    • 02:22:03
      And I think during the process, you indicated that you would work through it as you work through the site plan.
    • 02:22:10
      But we obviously didn't work through it.
    • 02:22:12
      So how do we get to?
    • 02:22:14
      When did you know that 9.5 is what you needed and why did it take us to now to know that that's what you needed?
    • SPEAKER_14
    • 02:22:20
      Yeah, that's a good question.
    • 02:22:21
      And Brandon's 100% right.
    • 02:22:23
      This was discussed at the PUD level, that engineering, you know, unofficial conversations, email correspondence, you name it, you know, and 100%, you know,
    • 02:22:35
      The idea was, hey, you know, are you able to obtain this and stay within that 8% limit?
    • 02:22:44
      Because, you know, we would prefer you to do so.
    • 02:22:48
      And the answer is yes.
    • 02:22:51
      From an engineering perspective, it can be done.
    • 02:22:55
      Anything can be done.
    • 02:22:55
      We can make the road at 5%, 4%, 3%.
    • 02:23:00
      100-foot retaining walls and bringing in 10,000 loads of dirt.
    • 02:23:05
      So anything can be accomplished.
    • 02:23:06
      I think what happens is that the PUD process, and particularly with this one, we did a lot of front-end engineering work.
    • 02:23:14
      But I think we all know that the PUD is not a fully engineered document, not fully designed.
    • 02:23:20
      When we get our geotechnical data on the soils, we really start digging into the cut-fill balance.
    • 02:23:28
      What do those street sections look like, right?
    • 02:23:30
      Because that has a big bearing on how much soil is coming in and out of the site.
    • 02:23:35
      So it's just that next level of engineering that kind of informed us, hey, you know, can we do 8%?
    • 02:23:39
      Yeah, we can.
    • 02:23:42
      We think it's better for the community if we can get this at 9.5% though.
    • 02:23:44
      And it was kind of that final engineering process that led us to that decision.
    • 02:23:51
      And believe me, we would rather not come in for a waiver.
    • 02:23:54
      It would be easier that way for everyone.
    • 02:23:57
      But again, it's just kind of as final engineering progresses that it kind of led us to this conclusion.
    • Phil D'Oronzio
    • 02:24:05
      That's good.
    • 02:24:06
      Mr. D'Oronzio.
    • 02:24:08
      Yeah, you've answered several of my questions.
    • 02:24:10
      I may want to come back, but right now I'm chewing.
    • SPEAKER_04
    • 02:24:13
      All right.
    • 02:24:14
      Ms.
    • SPEAKER_13
    • 02:24:15
      Russell.
    • 02:24:19
      So I really want to try to understand what this means for people navigating the site, and that's where I struggle interpreting the code.
    • 02:24:33
      and understanding what the street means versus the sidewalk.
    • 02:24:38
      So could you, maybe it would be helpful on that site plan with the green lines, like just kind of like layman's count for me, how would someone with a mobility issue get from a car, from their parking, you know, how are they going to navigate and what barriers are they going to encounter?
    • SPEAKER_14
    • 02:25:01
      Sure.
    • 02:25:02
      Well, I will note just kind of overall, during the site plan review process, we are going to have to answer all those questions in great detail, right?
    • 02:25:12
      The city engineering staff will be reviewing the plans to make sure we're meeting all applicable pro-ag or ADA accessibility requirements.
    • 02:25:22
      Those will have to be demonstrated or they can't approve.
    • 02:25:26
      our site plan.
    • 02:25:27
      So that, you know, just to make kind of everybody, you know, there are checks and balances of that.
    • 02:25:32
      Like, we don't get this waiver and then, you know, it's kind of willy-nilly.
    • 02:25:35
      We can, you know, do whatever we want from that perspective.
    • 02:25:37
      But to answer your questions specifically, the site plan will demonstrate that, I guess.
    • 02:25:45
      You know, like, for instance, the buildings here, the two multifamily buildings have under-building parking with designated
    • 02:25:55
      designated ADA spaces with elevators, for instance.
    • 02:26:01
      So the solution to accessibility is different kind of depending on where you're at on the site and what you're trying to access.
    • 02:26:10
      But generally speaking, as far as the streetscape and sidewalks go adjacent to the streets and for the street crossings,
    • 02:26:19
      again, we are in full compliance of those standards.
    • SPEAKER_13
    • 02:26:23
      So like sidewalks would either step, you know, have like- So the sidewalks would just follow the road grade?
    • 02:26:31
      So, I mean, I find that point kind of moot because you're creating the road grade, right?
    • 02:26:35
      So like you were establishing the grades in the road.
    • 02:26:39
      So I don't really think that's really, I don't know, effective argument.
    • 02:26:46
      Sure.
    • 02:26:46
      Yeah.
    • SPEAKER_14
    • 02:26:48
      I will note, I mean, the notion of 8.33% I think came up.
    • 02:26:53
      That number really has no bearing in this.
    • 02:26:57
      That number relates specifically to a ramp, so an ADA ramp.
    • 02:27:01
      Usually that is a curb ramp for a pedestrian access up onto a curb or access to a building.
    • 02:27:12
      You have to have landings and so forth.
    • 02:27:14
      That's kind of a different thing.
    • 02:27:18
      Really, by the letter of the law, if you have sidewalks that are not associated with roads or streets, the maximum longitudinal slope that you can have is 5%.
    • 02:27:29
      So 8% well exceeds that.
    • 02:27:31
      So, you know, 8.33 is kind of arbitrary when we're talking about sidewalks that follow street grades as far as any of the ADA or PROWAG standards are concerned.
    • SPEAKER_13
    • 02:27:42
      So are you saying that in order for the sidewalks to truly be accessible, they would have to be 5% grade?
    • SPEAKER_14
    • 02:27:50
      So if a sidewalk is not associated with a street, a different set of rules kind of apply, right?
    • 02:27:57
      So if you have a sidewalk that runs through a park,
    • 02:28:00
      and it does not follow a street grade or anything of that nature.
    • 02:28:03
      The sidewalk to be ADA compliant has to be at 5% or you can transition grade 8.33% slope ramps.
    • 02:28:13
      That's not applicable in the setting of a road network.
    • SPEAKER_13
    • 02:28:17
      And is there, I think,
    • 02:28:19
      Commissioner Schwartz alluded to this in our pre-meeting.
    • 02:28:22
      Is there a public kind of like a park facility in the site plan?
    • 02:28:28
      I just don't remember.
    • 02:28:30
      Was there a green space or something like that?
    • SPEAKER_14
    • 02:28:32
      Yeah, there is.
    • 02:28:32
      I mean, I think some of that's being programmed now as we speak with our landscape architect.
    • 02:28:40
      and architecture team.
    • 02:28:41
      But certainly there's, you know, kind of step down green space areas that kind of that larger area in the middle is a large green space.
    • 02:28:51
      I think for the most part right now, those are kind of being looked at as more passive uses, more passive green space areas as opposed to something more programmed.
    • 02:29:00
      But yeah, I mean, there's quite a bit of green space in here.
    • SPEAKER_13
    • 02:29:05
      Okay.
    • 02:29:07
      I guess there's been sort of like more esoteric questions we as the commission need to ask.
    • 02:29:12
      Some specific questions for you.
    • 02:29:15
      What, in your estimation, how long, how many days, how many, what's the pain factor of bringing in a thousand loads of dirt?
    • 02:29:23
      You know, like how many trucks?
    • 02:29:25
      How many days would that take?
    • SPEAKER_04
    • 02:29:29
      No, I wasn't prepared for that one.
    • SPEAKER_14
    • 02:29:32
      I don't know offhand.
    • 02:29:33
      I mean, I think, I would think several days.
    • 02:29:37
      worth in a heavy volume and heavy frequency.
    • 02:29:44
      And that's round trips.
    • SPEAKER_06
    • 02:29:46
      Sure.
    • SPEAKER_14
    • 02:29:50
      I could reach out to our contractor friends and probably give you a better answer on that.
    • 02:29:56
      Some of that's really going to be to do with availability.
    • 02:29:58
      So when you're trucking in dirt from another site, you've got to get it when it's ready to be
    • 02:30:06
      taken, right?
    • 02:30:07
      So it may not all occur at once.
    • SPEAKER_13
    • 02:30:09
      Yeah, I mean, I guess I'm trying to understand the order of magnitude, like in a project that's already going to have a lot of truck traffic, and we heard about that in public comment, right?
    • 02:30:19
      So those are some concerns of the neighborhood, like
    • 02:30:21
      where does this, you know, how much worse is this?
    • SPEAKER_14
    • 02:30:23
      Yeah, I mean, I would say, I mean, you know, as far as construction traffic back and forth on shriveling, obviously, as things start to go vertical, houses start to get built, materials are being brought in, you're going to have a good amount of traffic coming in, certainly.
    • 02:30:39
      But during the site work process, you know, it's really that initial mobilization effort for the most part where you're bringing in the heavy equipment to the site and then you're kind of moving dirt around
    • 02:30:51
      within the site.
    • SPEAKER_13
    • 02:30:52
      Yeah, you're taking a lot of vegetation out too in that first stage.
    • SPEAKER_14
    • 02:30:57
      Yeah, but I mean, you know, for the site work component is largely kind of self-contained, you know, and again, you will have that traffic again, like I said, coming in with materials for the buildings and things of that nature, but we feel like we can really limit a good chunk of that heavy construction traffic by limiting the need to import dirt.
    • SPEAKER_04
    • 02:31:19
      Okay.
    • SPEAKER_13
    • 02:31:20
      Those are my questions.
    • SPEAKER_04
    • 02:31:21
      Good questions.
    • 02:31:21
      Thank you.
    • 02:31:23
      Turning to Mr. Schwartz.
    • 02:31:27
      I think you guys already asked all my questions.
    • 02:31:30
      Yeah.
    • 02:31:31
      All right.
    • 02:31:33
      Thank you.
    • 02:31:33
      Mr. Stolzenberg.
    • Rory Stolzenberg
    • 02:31:35
      Thanks.
    • 02:31:35
      Yeah.
    • 02:31:36
      To maybe follow up on what a Commissioner Russell's question,
    • 02:31:41
      Is that site work phase, the grading, like, well, you have a phase plan, right?
    • 02:31:48
      Is the grading all at once in the beginning?
    • 02:31:50
      And then the phasing is just about when you build the structures and maybe roads?
    • SPEAKER_14
    • 02:31:56
      Yes, I mean, the EDS plans or erosion sediment control plans kind of dictate how the site work progresses.
    • 02:32:02
      So you have to put in certain, like a construction entrance that's stone to help with bringing, you know, to minimize dirt coming in and out of the site, for instance.
    • 02:32:11
      You would establish areas to impound stormwater during construction.
    • 02:32:16
      So it doesn't
    • 02:32:17
      Philip dOronzio, Rory Stolzenberg, Lyle Solla-Yates, Michael Kochis, Lyle Solla-Yates, Michael Kochis, Lyle Solla-Yates, Michael Kochis, Lyle Solla-Yates, Michael Kochis, Lyle Solla-Yates, Michael Kochis, Lyle Solla-Yates, Michael Kochis, Lyle Solla-Yates, Michael Kochis, Lyle Solla-Yates, Michael Kochis, Lyle Solla-Yates, Michael Kochis, Lyle Solla-Yates, Michael Kochis, Lyle Solla-Yates, Michael Kochis, Lyle Solla-Yates, Michael Kochis, Lyle Solla-Yates, Michael Kochis, Lyle Solla-Yates, Michael Kochis, Lyle Solla-Yates, Michael Kochis, Lyle Solla-Yates, Michael Kochis, Lyle Solla-Yates, Michael Kochis, Lyle Solla-Y
    • 02:32:37
      Yeah, I mean, you would have mass, you know, again, you would put in those measures specifically to deal with stormwater, then progress with kind of your mass grading efforts and kind of progress from there.
    • 02:32:50
      I don't know if that answers your question, Adam.
    • SPEAKER_13
    • 02:32:53
      Can you clarify if that means per phase or like...
    • 02:32:58
      Overall, is there one larger grading and clearing, or is that by those phased ENS?
    • SPEAKER_14
    • 02:33:05
      Yeah, so I may have misinterpreted.
    • 02:33:08
      Were you speaking specifically of how the buildings will come to be?
    • 02:33:12
      Is that what you meant by phasing?
    • 02:33:14
      I don't know.
    • Rory Stolzenberg
    • 02:33:15
      Now I'm confused, because you have four ENS phases and six phases in your phasing exhibit.
    • 02:33:20
      Sure.
    • 02:33:21
      So is the six for the buildings?
    • SPEAKER_14
    • 02:33:23
      Sure.
    • 02:33:25
      So they don't necessarily correspond with each other.
    • 02:33:29
      The phases, the six phases are for the buildings.
    • 02:33:35
      Again, kind of thinking through
    • 02:33:38
      Through the process of cost estimating and getting with a general contractor and figuring out how all that's going to come to be, some of that phasing could shift a little bit.
    • 02:33:49
      You know, market needs, right?
    • 02:33:50
      I mean, how fast, how many units need to come online, how quickly.
    • 02:33:53
      So I think some of that is still being sussed out.
    • 02:33:55
      The E&S plan, though, is kind of independent.
    • 02:33:59
      And we expect that to largely remain the same.
    • Brennen Duncan
    • 02:34:05
      Can I maybe clarify the comment?
    • 02:34:06
      Because I think what she's asking is will all of the clearing and all of the grading and basically will the roads be put in all at one time or will those be staged with the ENS plan?
    • 02:34:22
      So is everything happening?
    • 02:34:24
      We know the buildings are in different stages, but will the grading, will the roadway and the fill and all that kind of stuff, will all of that have to happen?
    • 02:34:33
      at the get-go.
    • 02:34:34
      I believe that's what you were getting at.
    • SPEAKER_14
    • 02:34:36
      Yeah, thanks for clarifying.
    • 02:34:40
      Yeah, so the mass grading efforts, getting everything to final grade, will be occurring at once.
    • 02:34:46
      Now, there may be some discussions that we move forward, like, hey, do we build the road network up to this point,
    • 02:34:55
      and then phase that second half of road construction, maybe, but all of the grading effort.
    • 02:35:01
      Does that make sense?
    • 02:35:02
      Everything will be on grade.
    • 02:35:04
      That'll happen initially.
    • 02:35:06
      Yeah.
    • 02:35:07
      Okay.
    • Rory Stolzenberg
    • 02:35:10
      We don't have this thing anymore.
    • 02:35:12
      Sorry.
    • 02:35:12
      Yeah, if you don't mind, Patrick.
    • 02:35:15
      The...
    • 02:35:17
      Actually, let me skip that one.
    • 02:35:18
      You are showing, we'll skip that one for now.
    • 02:35:22
      You're showing, you're saying if we don't give you the waiver, you'll have to import 12,500 cubic yards.
    • 02:35:30
      If you, wait, yeah.
    • 02:35:35
      If you do get the waiver, you're showing exporting 1,800 cubic yards.
    • 02:35:39
      So something like 80 dump trucks worth, right?
    • SPEAKER_14
    • 02:35:46
      We feel like that we will generally be balancing.
    • 02:35:51
      I mean, I think when you get to a site like this, you encounter unforeseen, you know, rock, you name it.
    • 02:36:00
      Although I don't think our geotechnical exploration has shown a lot of rock on this site, but you can never get that number exact.
    • 02:36:07
      I mean, the idea is that that 1800 is or was that in the waiver, that number?
    • 02:36:14
      Yeah, that's what you wrote.
    • 02:36:15
      Okay.
    • 02:36:15
      Okay.
    • 02:36:17
      Yeah, I mean, I think that number is within an area that we can fine-tune with moving forward with additional site plan
    • 02:36:27
      reviews and refinement of the plans to get that to essentially zero.
    • 02:36:31
      Again, you can never guarantee zero.
    • 02:36:33
      But the idea is that if you look at the breadth of earthworks that's taking place on site, that 1,800 is close.
    • 02:36:43
      So again, generally speaking, the idea is that if the waiver is approved, that we can generally make the site balance and eliminate for a large number of truckloads that come in.
    • 02:36:53
      No guarantee that some won't come in.
    • Rory Stolzenberg
    • 02:36:55
      Yeah.
    • 02:36:55
      So, well, so that's an export in your plan.
    • 02:37:01
      So that's going out.
    • 02:37:03
      So the question would be, like, if you have that extra margin, a couple thousand extra cubic yards of dirt, can you use that to make your grades a little bit less steep on some of these roads in a later, you know, in like the final site plan stage?
    • SPEAKER_14
    • 02:37:19
      I mean, we can certainly explore that.
    • 02:37:21
      I mean, I would say, you know, if you look 1,800 cubic yards over a site this large is the benefits will be pretty minimal.
    • 02:37:32
      Pick that up, if that makes any sense.
    • 02:37:35
      You know, we have some things that we're still considering, you know, like
    • 02:37:39
      building foundations, for instance, like there's still some final, final engineering things that could tweak that number back and forth by a factor of, you know, 10, 20%, that 1800.
    • 02:37:49
      So again, that's where we're at right now with our engineering calculations, but we feel confident that we can get that to balance.
    • 02:37:56
      I mean, that's how we design sites.
    • 02:37:58
      That's how we move forward with these sort of projects is with a goal of making the earthworks balanced.
    • 02:38:04
      So the answer is maybe, you know, some, but, you know, 1,800 cubic yards is pretty minimal over a site this big.
    • 02:38:11
      So, you know, can we eliminate the need maybe moving forward, you know, once some more refinement takes place of being able to eliminate, you know, five feet of 9.5% road out of each of those green sections, you know, maybe.
    • 02:38:27
      And that's certainly something we would, you know, do if we can.
    • 02:38:32
      But we do feel confident of the need for the 9.5%.
    • 02:38:37
      And again, part of the reason why we're, you know, I know the waiver is up to 10%.
    • 02:38:42
      You know, I know with the cross slopes of the road where the pedestrian crossings are that we're proposing 4.8%.
    • 02:38:47
      We're allowing for construction tolerances.
    • 02:38:51
      You know, we know the contractors always get it right.
    • 02:38:54
      And so we don't want to get too close to that 5%.
    • 02:38:56
      Same thing with the 9.5%.
    • 02:38:57
      You know, it's not uncommon that a contractor puts a road down and it's, you know, 0.1% off in either direction.
    • 02:39:04
      So
    • 02:39:05
      just trying to give ourselves that buffer, which is, you know, if anybody's wondering why, why nine and a half percent, but that's why we went with that number.
    • 02:39:12
      Yep.
    • Rory Stolzenberg
    • 02:39:15
      So another question, for that lower right apartment building, the lower apartment building, do you know where the entrance is?
    • SPEAKER_14
    • 02:39:24
      For pedestrians?
    • Rory Stolzenberg
    • 02:39:25
      Yes.
    • SPEAKER_14
    • 02:39:26
      Not...
    • 02:39:27
      offhand.
    • 02:39:31
      Those buildings are being developed right now with the architect.
    • 02:39:35
      We generally know where the vehicular access is coming in.
    • 02:39:40
      And again, the idea is that the ADA access or pro-wag, whatever you want to call it, the accessibility needs folks would enter from designated spaces underneath the building.
    • 02:39:54
      That will all be demonstrated.
    • 02:39:56
      We may have some exhibits on the site plan already that do demonstrate that, but if not, we'll have to anyway.
    • 02:40:01
      So
    • 02:40:03
      But yeah, there will be several entrances coming out to the street there.
    • 02:40:06
      Where exactly on the building they're going to be located is still to be determined.
    • Rory Stolzenberg
    • 02:40:11
      So there are going to be multiple entrances to the building.
    • 02:40:14
      Are they independent or are they linked by interior hallways?
    • SPEAKER_14
    • 02:40:17
      By like corridors.
    • 02:40:18
      I'm not sure offhand.
    • 02:40:19
      I think, I don't know.
    • SPEAKER_04
    • 02:40:24
      What's the height of the buildings?
    • 02:40:27
      Three stories, four stories?
    • SPEAKER_14
    • 02:40:30
      I don't know offhand.
    • 02:40:31
      So the cover, I don't think it was included in the waiver, but the cover sheet of the site plan, I do believe indicates that.
    • 02:40:38
      I can get that information back to you, you know, fairly quickly.
    • 02:40:42
      I just don't know offhand.
    • Rory Stolzenberg
    • 02:40:45
      Okay.
    • 02:40:45
      Yeah.
    • 02:40:45
      I mean, I guess what I'm getting at is like, you know, is there a way to change?
    • 02:40:54
      I don't
    • 02:40:55
      Philip d'Oronzio, Rory Stolzenberg, Lyle Solla-Yates, Michael Joy, Philip d'Oronzio, Rory Stolzenberg
    • 02:41:25
      like getting to the apartment building, getting just out of the site, you know, that's sort of what I care about more.
    • 02:41:34
      And yeah, you can say, well, people can still live in the apartment building by driving everywhere.
    • 02:41:40
      But, you know, the aim of these rules and ADA compliance in general is to make it possible to kind of navigate the world without having to drive everywhere.
    • 02:41:52
      Sure.
    • 02:41:53
      like to use the public sidewalks.
    • 02:41:57
      So, like, you know, is there some, like, reiterating of what slopes are steep and what are not that can be done to help alleviate that to create, you know, within that one to 12 path of, like, to get to, say, the bottom right apartment building?
    • SPEAKER_14
    • 02:42:22
      Yeah, I mean, like I said, I mean, like I think we've mentioned it, and we can share some of the analysis we've done with engineering, but we've done a lot of iterations of this.
    • 02:42:32
      You know, the length of 9.5% slow kind of on that bottom street, I hear what you're saying, but that's really the most crucial leg right there, because that's really where you're diving down.
    • 02:42:44
      And then again, we have to honor the flatter slopes, the intersections.
    • 02:42:47
      You know, I will note, I think, you know, not to drive this point home too much, but this fully is in line with all leading ADA pro-ag regulations.
    • 02:43:02
      This 9.5% slope is just as compliant as an 8% slope would be in that location.
    • 02:43:08
      It's no less compliant.
    • 02:43:11
      It's fully within the framework.
    • 02:43:15
      We've done projects like this.
    • 02:43:17
      If this project were funded by Virginia Housing or LIHTC or something of that nature, you have to show
    • 02:43:23
      you know accessibility routes and things of that nature to show that your site is accessible can you get to the dumpster can you get to these various things this this would 100%
    • 02:43:35
      This would work.
    • 02:43:37
      This would meet their standards as well for ADA compliance, if that makes sense.
    • Rory Stolzenberg
    • 02:43:44
      Yeah, I mean, I get that it meets the letter of the law because ADA compliance only applies within the site and ProWag, for the right to way, will let you do twice what the city's
    • SPEAKER_14
    • 02:43:56
      Michael Koch, Lyle Solla-Yates, Michael Koch, Lyle Solla-Yates, Michael Koch, Lyle Solla-Yates, Michael Koch, Lyle Solla-Yates, Michael Koch, Lyle Solla-Yates, Michael Koch, Lyle
    • 02:44:11
      provides more detail outside of that, like relative to, specific to right-of-ways.
    • Rory Stolzenberg
    • 02:44:17
      Yeah, and it's much looser, right?
    • 02:44:19
      So I get that it's compliant, but, you know, the spirit of it is to, or the spirit of generally, accessibility evidence in general of the city's, you know, streets, trinket, grid limits is to make the site as accessible as possible.
    • 02:44:34
      So I guess the question is, do you feel within, like, that you guys have
    • 02:44:42
      you know to the best of your ability like made this design as accessible for the for actually getting to the places where people are going to go and kind of you know like could you sacrifice other places like the bottom of the hill to be even more out of compliance with the cities.
    • 02:45:04
      rule to make it a little bit better up top.
    • SPEAKER_14
    • 02:45:07
      Yeah, sure.
    • 02:45:07
      And I get that.
    • 02:45:09
      Have you considered that balance?
    • 02:45:10
      I mean, I think the answer, again, is yes.
    • 02:45:13
      I mean, if you look at the extent of the 9.5% that we're using there,
    • 02:45:19
      picking that up in other areas, just the way its topography is, kind of like going down the middle of the site, there's kind of a ridge, like you're really not getting any benefit.
    • 02:45:29
      Again, that lower road is really where that diving is occurring.
    • 02:45:32
      And we just, we need that length to transition that vertical amount, if that makes sense.
    • 02:45:37
      So yeah, I mean, I get what you're saying.
    • 02:45:40
      I think we have
    • 02:45:41
      I think this is, you know, again, fully baked.
    • 02:45:43
      I think that we come into a project, you know, wanting the same thing that I think we all have the same goals.
    • 02:45:50
      You know, we don't come in asking or wanting steep grades.
    • 02:45:52
      I think, you know, our previous iterations has some flatter grades and we just know to say this, this isn't constructible.
    • 02:45:59
      So I think we have made some of those considerations.
    • 02:46:02
      And again, I think we have have done our best to limit, you know, the nine and a half percent slopes to the areas that are that are most
    • SPEAKER_04
    • 02:46:11
      most necessary, you know, for the project.
    • 02:46:14
      Mr. Fulman?
    • 02:46:18
      My one thought is a really question, but you mentioned in other projects showing accessible routes to various things and kind of came up before.
    • 02:46:32
      I just think you're talking about accessibility and really that that seems to be, for me especially,
    • 02:46:40
      this waiver or to grant or not, would be to see those groups.
    • 02:46:46
      If you're going to ask for a 9.5% slope, how can somebody navigate the site to get around that potential hurdle?
    • 02:46:59
      If a person was in a wheelchair or what have you.
    • 02:47:05
      It sounds like there's these different percentages being thrown out.
    • 02:47:10
      Generally, it seems like that max 8.3%, you know, is something that you could design in a way, not necessarily a road pedestrian.
    • SPEAKER_14
    • 02:47:24
      I mean, if you look at the kind of the sidewalk network here that we have proposed, I mean, you can kind of draw a blue line on all the sidewalks.
    • 02:47:32
      I mean, and I hate to, I'm not trying to nitpick on like the letter of the law, but I mean, there is a standard and we are meeting that standard for pro-wag, for ADA compliance.
    • 02:47:44
      I mean, again, if we're going to say that, hey, we'd like for you to be a little less steep than nine and a half percent.
    • 02:47:49
      I mean, again, eight percent
    • 02:47:53
      is no more compliant than the nine and a half percent of these streets.
    • 02:47:55
      But I mean, to your point, I mean, any of these sidewalks would meet PROAG, would meet the leading accessibility standards.
    • SPEAKER_04
    • 02:48:03
      And that's what I was asking, like suggesting that you kind of establish a best practice percentage that, you know, to Duncan's point, maybe exceeds PROAG.
    • 02:48:17
      And then you'd show
    • 02:48:19
      Okay, along the site, maybe it doesn't have to follow a sidewalk.
    • 02:48:22
      Maybe there's kind of a roundabout way that a person could... That's just... Yeah, I hear what you're saying.
    • 02:48:30
      Yeah, I understand.
    • 02:48:31
      Yeah, it just seems like, you know, if you're asking for a waiver, then you might want to consider how you could, like, show how the site would actually work.
    • 02:48:42
      That's... Your response on that one?
    • 02:48:49
      Yeah, no, I mean, I get what you're saying.
    • 02:48:51
      I understand.
    • SPEAKER_14
    • 02:48:51
      I mean, we can, to your point, I mean, the site plan design process, the review process that we'll undoubtedly go through through the next, you know, probably 12 months is going to be working with engineering to further refine.
    • 02:49:09
      They're going to want to see that all of these regs are met, that you are providing acceptable pedestrian access or ADA compliant, pro-wag compliant.
    • 02:49:19
      access throughout the site.
    • 02:49:22
      And if we don't, we don't get an approved site plan.
    • 02:49:25
      So those things are standards that we are held to just as part of the site plan review process.
    • 02:49:32
      And to your point, I mean, some of these spaces, for instance, like the green spaces, a lot of them right now are kind of passive spaces.
    • 02:49:39
      So there could be some programming moving forward where we do have some of those
    • 02:49:43
      making those places, right, with some winding sidewalks with courtyards or, you know, you name it.
    • 02:49:50
      Some of those things, you know, again, are being developed now with our landscape architecture team and our architect.
    • 02:49:57
      So you'll see, I think, some of that come to life as the plan progresses.
    • 02:50:02
      I know that doesn't answer your question in the immediate, but I think it's on the end of the question.
    • SPEAKER_04
    • 02:50:09
      Yeah, absolutely.
    • 02:50:10
      Yeah, I get it.
    • Rory Stolzenberg
    • 02:50:12
      with, can, can you, particularly, you know, for that, that bottom road, I think it's road C, road C, like, ProWaggle lets you have any sidewalk grade that's, you know, as steep as the, the real grade.
    • 02:50:28
      Can you make that sidewalk less steep such that, like, it gets further above the, the road as you go further down in order to make the actual path
    • SPEAKER_14
    • 02:50:42
      The answer is no.
    • 02:50:43
      If you did that, you would be held to 5%.
    • 02:50:44
      It would have to be exactly parallel.
    • 02:50:49
      Exactly.
    • 02:50:50
      If you start to flatten that sidewall grade out and you start to manipulate that such that it's not running parallel to the road, then you are held to that 5%.
    • 02:50:59
      You're coming out of the ground pretty high.
    • 02:51:01
      Maybe you can navigate that with a series of ramps, but man, it's going to be pretty cumbersome.
    • 02:51:06
      You're going to have some walls and ramps and switchbacks and
    • 02:51:10
      Again, I think there's an engineering solution for everything.
    • 02:51:12
      It's just, I don't think that that one, you know, in this instance is practical.
    • Rory Stolzenberg
    • 02:51:17
      More like the standard where the sidewalk is accidentally a foot above the road.
    • 02:51:22
      And so there's like a little planting area.
    • SPEAKER_14
    • 02:51:26
      I guess what I'm saying, you know, as the road continues to go down at nine and a half percent and your sidewalk's at five percent, I mean, you end up... Every hundred feet, you're going to be a foot and a half higher.
    • Brennen Duncan
    • 02:51:37
      Yeah.
    • 02:51:38
      So if you start at one end of road C, by the time you get down to the end, you're four to five feet above the road.
    • SPEAKER_14
    • 02:51:44
      Yeah, and then you get in, you kind of have a wall, right, where your curb is, railing.
    • 02:51:49
      Yeah, I don't think that that.
    • SPEAKER_13
    • 02:51:52
      How did we get stuff, how did we start at the 8%?
    • 02:51:55
      I mean, maybe I should ask this up front, because it seems like that's not really achieving anything else.
    • 02:52:03
      except for that it was what was stated in the original application materials?
    • Brennen Duncan
    • 02:52:07
      The 8%, as Missy I think stated in the pre-meeting maybe, the 8% grade in the city code has been there
    • 02:52:17
      for I don't know how many years.
    • 02:52:19
      I don't know exactly why they picked that percentage.
    • 02:52:22
      And obviously, as Clint had noted, and I think in my response to Rory, there are plenty of streets in the city that exceed that.
    • 02:52:32
      Again, it's, you know, ADA has only like really been, you know,
    • 02:52:38
      a thing since the early 90s is really when it came into some of the main accessibility concerns.
    • 02:52:49
      And the pro-wag has not actually officially been accepted even yet.
    • 02:52:54
      It's still in its non-accepted state.
    • 02:52:59
      So ADA is an ever-evolving thing.
    • 02:53:02
      So again, I don't know exactly where the 8% came from.
    • 02:53:07
      And as far as the city code, like our, we've got the city code and we've got the standards and design manual.
    • 02:53:16
      And Clint did point out correctly, our standards and design manual allows for 10% max, which our city code allows for 10% max.
    • 02:53:25
      It just says 8% and up to 10 with a waiver.
    • 02:53:30
      So the 8%, again, I don't know initially where it got into the code.
    • 02:53:36
      The
    • 02:53:37
      Clinton, again, he said it correctly that, you know, the ramps are 8%.
    • 02:53:42
      The ADA access for sidewalks is 5%.
    • 02:53:46
      ADA access for trail systems is 8% though, or the 8.33%.
    • 02:53:51
      So again, as engineering staff, like that's the highest that's allowable percentage that's actually, you know, stated other than you can meet a road grade.
    • 02:54:04
      And so that's kind of, you know, where we can accomplish that.
    • 02:54:08
      That's what we're, you know, it might not meet an off-site sidewalk ADA accessibility, but it would meet a trail system accessibility guideline.
    • 02:54:19
      And we feel that, you know, that's, it's definitely achievable with some engineering on this site.
    • 02:54:28
      And so that's, again, that's why we denied the waiver.
    • 02:54:31
      So,
    • Phil D'Oronzio
    • 02:54:36
      Yeah, understanding Commissioner Soltanberg's query on accessibility, you know, let's define what accessibility really is here.
    • 02:54:42
      And it seems that with this 8%, to Mr. Russell's point is that in your explanation of that, it's almost like we're being subjected to peer pressure from dead people, right?
    • 02:54:54
      I mean, we don't know why it's successful.
    • 02:54:57
      I don't know, because it's been there for, you know, 40 years.
    • 02:54:59
      Well, okay, well, you know, the guy wrote that in here.
    • 02:55:04
      Um,
    • 02:55:05
      and I say that as a recovering historian myself.
    • 02:55:08
      But to also, to Commissioner Solzenberg's point on this lower right-hand corner, and in your Exhibit B, you present sort of two options, right?
    • 02:55:21
      Option one is build a higher retaining wall and deal with the consequences of that.
    • 02:55:28
      number two is you bleed over into the 100-year floodplain and you have to deal with that with either, I mean, I imagine that that's a bit of a nightmare and even if you, the solutions to that sound like there, is there, but dealing with that corner, which I think at least a couple of us have said, who cares how steep that end of that road is really relative to the rest of it, is there a split the baby option or are those really sort of
    • 02:55:57
      We can do one, we can do the other.
    • SPEAKER_14
    • 02:55:59
      We can't sort of... Well, again, I mean, you know, per city code, I mean, even if we took that end section and took it from 9.5% to 10%, you're picking up half percent over probably 50 feet.
    • 02:56:13
      So what do you gain in there?
    • 02:56:16
      You know, a couple feet at most.
    • Brennen Duncan
    • 02:56:19
      Is there a functional use for that piece?
    • SPEAKER_14
    • 02:56:22
      Turnaround for emergency access.
    • SPEAKER_05
    • 02:56:24
      So you have the cul-de-sac.
    • SPEAKER_14
    • 02:56:29
      So the cul-de-sac is substandard, as I understand it.
    • 02:56:35
      If you look at the emergency access, the emergency apparatus that the city wants to turn around, and I understand it, but a very large apparatus.
    • 02:56:44
      So what we have there is they can do a T-type turnaround.
    • 02:56:48
      We coordinated that with the city fire chief.
    • 02:56:50
      I think we have some more details to work out with them, but that's how we arrived at that.
    • 02:56:55
      Yeah, I mean, we could do without it, too.
    • SPEAKER_04
    • 02:56:58
      Dan, there's no other option for trying to stick that ability somewhere else.
    • 02:57:06
      Well, but the firetruck doesn't care about the grade, right?
    • SPEAKER_14
    • 02:57:08
      Like, it's just... No, no, just geographically about, you know, kind of horizontally being able to do a K turn or a three-point turn at that intersection at the end, that's kind of why that extension is there.
    • 02:57:21
      I mean, I guess if the grade got really excessive, you know, they might say, hey, this thing's a 30% or like, I don't know, you know, but we're not.
    • SPEAKER_13
    • 02:57:27
      There's a phenomenon at Monticello, we call it a runaway grandma effect.
    • 02:57:32
      where wheelchairs are just flying down the hills.
    • 02:57:36
      So I think you maybe don't want that careening off into the retaining wall.
    • Brennen Duncan
    • 02:57:41
      And especially if you're maintaining, if we did settle on 8% for the rest of the street, you don't want too much of a change in grade for that little stub either, or else you're going to
    • SPEAKER_04
    • 02:57:59
      All right, that answers some of my questions, actually.
    • 02:58:02
      I have questions for staff.
    • 02:58:04
      I understand we can say yes, I understand we can say no.
    • 02:58:06
      Can we understand maybe if only in addition to?
    • 02:58:10
      Can we get wacky with it?
    • 02:58:15
      Sorry, can you say?
    • 02:58:16
      Can we offer conditionals?
    • 02:58:17
      Can we offer amendments?
    • 02:58:18
      Can we offer hedging and wishful thinking?
    • 02:58:23
      I don't know.
    • Brennen Duncan
    • 02:58:24
      I mean...
    • 02:58:28
      I think Missy has said this is the first time we've actually had a grade waiver in the city.
    • 02:58:33
      We've either not needed them or they've been granted.
    • SPEAKER_14
    • 02:58:38
      Or grade waiver appeal, right?
    • Brennen Duncan
    • 02:58:40
      Right, yeah, I'm sorry, grade waiver appeal.
    • 02:58:42
      So...
    • 02:58:45
      I guess the question is, what are you proposing?
    • 02:58:50
      I mean, I'd be happy to discuss them with you and see if they're practical or not.
    • 02:58:54
      But without knowing that, I don't know how to answer your question.
    • SPEAKER_04
    • 02:58:58
      Can we require landings on steep grades?
    • 02:59:02
      For the sidewalks?
    • 02:59:04
      I think that would be difficult.
    • SPEAKER_13
    • 02:59:07
      You'd be going against that road thing.
    • 02:59:10
      You'd be going against that problem.
    • SPEAKER_04
    • 02:59:12
      Yeah.
    • 02:59:13
      Can we say
    • 02:59:17
      This is required to meet great requirements.
    • 02:59:22
      Can we say that this is required to meet great requirements unless there's access up here from this building and exempt this in this?
    • 02:59:30
      Could that be something we said?
    • 02:59:32
      Ooh.
    • 02:59:35
      I love it.
    • 02:59:36
      I believe that that could be something to say.
    • 02:59:39
      Okay, that's exciting.
    • 02:59:41
      I agree with Mr. Stolzenberg's point that some of these are more important than others for ADA.
    • SPEAKER_13
    • 02:59:47
      I also don't understand still if there is a way in which the applicant can show, maybe they don't have to show, I'm still confused, like if there's, you know, sidewalks that someone could navigate through the site or two major features like scribbling, presumably to like get a bus or something, you know, something in the future.
    • 03:00:15
      How someone would navigate the site, not have to use those slopes.
    • 03:00:19
      However, I'm not sure that that's even relevant since an 8% grade isn't achieving accessibility.
    • 03:00:26
      I mean, I guess I just don't understand what we're trying to do.
    • Brennen Duncan
    • 03:00:29
      Like I said, that's where I start off.
    • 03:00:30
      There's different levels of accessibility.
    • 03:00:33
      So there's a building accessibility, there's the right-of-way, or there's a sidewalk outside of a building, and then there's the right-of-way.
    • 03:00:43
      The right-of-way is the least restrictive of all of those, which is why we're trying to hold at least to an accessible trail standard for the sidewalk.
    • 03:00:56
      So that's, you know, again, would it meet an interior building steepness grade?
    • 03:01:02
      No.
    • 03:01:04
      So the federal government doesn't care.
    • Rory Stolzenberg
    • 03:01:07
      They'll let us go up to 15, right?
    • 03:01:10
      And so it's only our ordinance that says up to 8 and up to 10 with the waiver.
    • 03:01:18
      For that standalone sidewalk thing, is that the federal government says for a standalone sidewalk, it has to be 5?
    • SPEAKER_14
    • 03:01:24
      5% max longitudinal slope, unless it's a ramp, which can go up to 8.33%.
    • 03:01:29
      even in the public right away.
    • 03:01:30
      And 2% cross slope, like there's a bunch of stipulations.
    • SPEAKER_01
    • 03:01:34
      If I may real quick jump in here because something was mentioned about landings, which I wanted to add as well.
    • 03:01:39
      So to talk about the private ADA, you can have a 5% sidewalk.
    • 03:01:44
      As soon as it goes above 5%, so it's 5.01%, it's a ramp.
    • 03:01:46
      So you can't go higher than 8.33% at all with a ramp on private property.
    • 03:01:55
      And if you have 8.33%, you can only rise six inches, so you can only go six feet, eight feet.
    • SPEAKER_14
    • 03:02:05
      Jeff, sorry to interrupt.
    • 03:02:07
      I agree with everything you just said, because I just wanted to make one highlight point.
    • 03:02:11
      Once you get above a half a foot of vertical rise, that kicks in the need for railing and landing.
    • 03:02:18
      That's exactly right.
    • SPEAKER_01
    • 03:02:20
      Philip dOronzio, Rory Stolz, Rory Stolz, Rory Stolz, Rory Stolz, Rory Stolz, Rory Stolz, Rory Stolz, Rory Stolz, Rory Stolz, Rory Stolz, Rory Stolz, Rory Stolz, Rory Stolz, Rory Stolz, Rory Stolz, Rory Stolz, Rory Stolz, Rory Stolz, Rory Stolz, Rory Stolz, Rory Stolz, Rory Stolz, Rory Stolz, Rory Stolz, Rory Stolz, Rory Stolz, Rory Stolz, Rory Stolz, Rory Stolz, Rory Stolz, Rory Stolz, Rory Stolz, Rory Stolz, Rory Stolz, Rory Stolz, Rory Stolz, R
    • 03:02:36
      it doesn't the only thing that it references is pro-ag is that you don't actually need handrails because if you looked at ADA and looked at this road to meet the original intent of ADA on private property the entire sidewalk need to have handrails since obviously that violates basic street furniture practices utilities all those things the original ADA excluded that so the point that should not be lost here is that
    • 03:03:01
      As designers, they call it uniform design, I think these days, we should all be striving to make things as accessible as possible.
    • 03:03:10
      It's not necessarily the case that just because you exceed 5% and go to 5.2% that that's equivalent to 10%.
    • 03:03:16
      This is not about convenience for able-bodied people.
    • 03:03:19
      It's about equity and federal regulations guiding that.
    • 03:03:23
      It is very confusing, but it
    • 03:03:28
      And furthermore, which is why I chimed in here, the Standards and Zion Manual says should.
    • 03:03:33
      At all intersections, there should be 50 feet of landing for 2%.
    • 03:03:37
      And that's, again, so that we don't get a situation where you have extremely steep roads coming together and having ramps that are totally outside of a reason to expect somebody with an actual disability to navigate that.
    • 03:03:51
      That's not conveyed on here.
    • 03:03:53
      That is in the code as it should.
    • 03:03:54
      We're going to certainly encourage that, and that would be something.
    • 03:03:59
      The last sidewalk waiver we gave that Brendan referenced was because they achieved full compliance at the intersections with cross slopes and the landing.
    • 03:04:09
      So staff would prefer
    • 03:04:11
      that the safety be focused at the intersections where the pedestrians interface with traffic so that that is something that's in the code and that we would like to see those details don't get done until even after this waiver is entertained with final plans.
    • SPEAKER_14
    • 03:04:26
      Thank you, Mr. Dawson.
    • 03:04:28
      So those details are in the site plan and they're in the waiver packet.
    • 03:04:33
      You'll notice a series of, I think there's at least two maybe profiles.
    • 03:04:38
      That's a profile of these street crossings where we are meeting
    • 03:04:43
      So what we're tasked to do is design a project that, you know, try to meet the goal of a comprehensive plan, achieves, you know, all the goals that we arrived at with this PUD and take into account community welfare, things of that nature.
    • 03:04:57
      But also we have guidelines we have to follow.
    • 03:05:00
      And like, they can't be moving around.
    • 03:05:02
      Like, so we are meeting the pedestrian and highway and street guidelines at every point.
    • 03:05:11
      Likewise, with the intersections, you know, we're meeting the stipulation.
    • 03:05:15
      You know, I think if you guys saw the feedback in the PC packet with the email correspondence back and forth, what we keep hearing from the city is you got to meet pro-wag, you got to meet pro-wag, you got to meet pro-wag.
    • 03:05:26
      We're hearing that consistently from city engineering.
    • 03:05:28
      It's all over that email correspondence.
    • 03:05:31
      And we are.
    • 03:05:31
      So now we're demonstrating pro-wag and they're like, well, you know, it could be better.
    • 03:05:36
      Well, maybe, but I mean, you got, you know, we have
    • 03:05:40
      We have standards that we're meeting and standards that we're being held to and asked to being held to.
    • 03:05:44
      And we're meeting those again, you can see with this exhibit that we are flattening out at each of these intersections.
    • 03:05:49
      We've profiled those, we designed those in such a way to be compliant with the PRO-AG standards, like to be clear.
    • 03:05:57
      Those landings in compliance with PRO-AG standards are taking place, they are occurring.
    • Brennen Duncan
    • 03:06:04
      Not to be argumentative, but 8% has been the standard since the PUD.
    • 03:06:10
      Like that is, we haven't changed that.
    • Rory Stolzenberg
    • 03:06:13
      1993, found it.
    • 03:06:16
      Was when the city- 1993, it was 10, and the Planning Commission could allow in excess of 10.
    • 03:06:21
      1993, we changed the standard to 8, and the Planning Commission could allow 8 to 10. 88.
    • SPEAKER_14
    • 03:06:27
      Well, that's why we're here for a waiver.
    • 03:06:29
      We recognize that.
    • 03:06:32
      Again, we didn't come out of the gate with a PUD design of doing a
    • 03:06:38
      final deep dive hundreds of man hours on the engineering side of things to kind of to open up these sort of things, understand the earthworks, understand utilities, road placement, road grades, roads, you know, everything that comes in final engineering.
    • 03:06:54
      Again, that's what's informed us here.
    • 03:06:56
      You know, it wasn't our intent at any point to do some sort of bait and switch and say, hey, you know, we're getting to be PUD plan approved.
    • 03:07:02
      And then, ha ha, we got you.
    • 03:07:03
      We're going nine and a half percent.
    • 03:07:04
      That's not the intent.
    • 03:07:05
      That's good.
    • 03:07:06
      Yeah.
    • 03:07:07
      NACDO, does NACDO have anything on this?
    • Brennen Duncan
    • 03:07:11
      Not really, not for the steepness.
    • SPEAKER_14
    • 03:07:16
      So yeah, I mean, we understand coming into the PUD process that a waiver was needed to go over 8%.
    • 03:07:22
      I mean, it's
    • 03:07:24
      We are in a hilly city.
    • 03:07:26
      I mean, these sort of steep roads, again, are very numerous.
    • 03:07:31
      They're implemented all over the place.
    • 03:07:34
      In the city, there's lots of precedent for them.
    • 03:07:37
      They seem to function just fine.
    • 03:07:39
      We did our best, again, as you can see with our design.
    • 03:07:42
      Mr. Payne, questions for the applicant?
    • SPEAKER_04
    • 03:07:45
      None.
    • 03:07:46
      Thank you.
    • 03:07:48
      I'd like to close hearing from the applicant at this time.
    • 03:07:52
      What do we do with this mess?
    • 03:07:53
      Where are we?
    • SPEAKER_02
    • 03:07:55
      Well, we either decided to grant the waiver or we decided not to.
    • 03:07:59
      Thank you.
    • 03:08:00
      Do you have a thought?
    • 03:08:02
      Do you have a preference?
    • 03:08:06
      I like where you're going with the modifications, but the modifications would be so freaking complicated that I don't think that we are qualified to help them think there's a lot of modifications.
    • 03:08:16
      As the waiver is currently
    • 03:08:19
      currently is structured.
    • 03:08:23
      I cannot support it.
    • 03:08:24
      I would love to find a way to have these guys talk about some modifications that would make it work and take a look at the modifications.
    • 03:08:35
      But again, I don't think we're qualified.
    • 03:08:41
      We have five or six different good ideas, especially, you know, the stuff over there we don't care about.
    • 03:08:48
      I mean, there's all kinds of good ideas, but I would love to have the professionals think about what the modifications ought to be.
    • SPEAKER_04
    • 03:08:55
      Is that a process possibility?
    • 03:08:56
      Could we defer?
    • 03:08:59
      Deferring an appeal.
    • SPEAKER_02
    • 03:09:04
      Well, if not appeal, may reappeal.
    • 03:09:07
      With modifications.
    • 03:09:08
      Represent.
    • 03:09:09
      Represent, yeah.
    • SPEAKER_11
    • 03:09:10
      Yeah, I mean, I don't believe that there are any limitations on that.
    • 03:09:15
      The code doesn't get too much into detail except to say that this is the appealing body.
    • Rory Stolzenberg
    • 03:09:22
      So, I mean, I agree that I don't think we should engineer any mitigations here, right, like by just looking at a
    • 03:09:33
      site plan, but this is a preliminary site plan, right?
    • 03:09:38
      So I think maybe there's a possibility to say, if we think that in general a waiver may be good for the reasons in our standards of review, that we could make some encouragements to say something like, generally, like, please make every effort to make, you know, the roads north of road D
    • 03:10:01
      not early, you know, as slow a slope as possible as they go forward.
    • SPEAKER_02
    • 03:10:07
      Please make every effort.
    • Rory Stolzenberg
    • 03:10:11
      You will.
    • SPEAKER_13
    • 03:10:11
      I mean, I'm inclined to agree because the way it's written, it's, you know, it's
    • 03:10:19
      8% up to 10 is allowable.
    • 03:10:23
      And I can't really still understand why we're stuck on eight, except for that that adheres to a trail standard, which this isn't a trail.
    • 03:10:33
      So I don't know like on what grounds we're standing to deny really other than we just don't feel great about it not being as gentle of a slope, but it's still not accessible.
    • 03:10:47
      So we could like,
    • 03:10:48
      I mean, you know, tell me if I'm wrong.
    • 03:10:50
      I just, I just, I'm not understanding what eight versus nine point something really is doing at the end of the day.
    • Phil D'Oronzio
    • 03:10:57
      But to the, to that end, Commissioner Filsenberg, you had a, a back and forth to staff and there were some examples provided of street grades, which I don't have access to this moment.
    • 03:11:07
      Can you pull that?
    • 03:11:08
      Yeah.
    • 03:11:10
      And, and yeah, like, and I've got a question, I've got a specific question about one of them, just for my own
    • 03:11:18
      And that's the 6th Street to Avon on Blenheim Avenue.
    • 03:11:24
      What's that?
    • 03:11:25
      7.8.
    • Phil D'Oronzio
    • 03:11:26
      That's an 8%.
    • 03:11:26
      All right.
    • SPEAKER_10
    • 03:11:30
      Rose Hill next to Burley is the one that you said is exactly 8.
    • 03:11:33
      10.
    • Phil D'Oronzio
    • 03:11:34
      Next to Burley.
    • SPEAKER_10
    • 03:11:35
      Oh, my bad.
    • Phil D'Oronzio
    • 03:11:35
      I'm asking about it because I actually go over that every single day.
    • 03:11:39
      And that's 7.8.
    • 03:11:47
      I mean, I think that in one sense, my amateurish, you know, cranking up that in my scooter every day, that 7.8 is a steep hill.
    • 03:12:03
      That's a steep hill that takes me from 26 miles an hour to 18 miles an hour.
    • 03:12:09
      If I was 20 pounds lighter, maybe it wouldn't, but it does.
    • 03:12:14
      Okay, that's helpful for me to visualize that.
    • 03:12:17
      I don't know if you can pull that up in your head, but that's as you exit the Ix complex and you go up Millennium Avenue towards Avon Street.
    • 03:12:29
      That's 7.8.
    • 03:12:29
      8% is steep.
    • 03:12:29
      That's...
    • SPEAKER_13
    • 03:12:37
      Well, I think someone would say that anything above five is, and that's why there are, you know.
    • Phil D'Oronzio
    • 03:12:43
      Yeah.
    • 03:12:44
      Yeah.
    • 03:12:44
      So, I mean, I guess in one sense, we're talking about the accessibility issue and the guidelines are what the guidelines are.
    • 03:12:50
      We're second, third, and fourth guessing these guidelines, which in some respects may be exquisitely robust, and in other respects, maybe just a horrible cluster of
    • 03:13:06
      that's been put together to try to make sense of something that's not sensible.
    • 03:13:09
      So I'm with you in that.
    • 03:13:12
      All right, we're talking about 8% versus 9.5% versus a set of guidelines.
    • SPEAKER_10
    • 03:13:19
      8% stinks.
    • 03:13:21
      Mr. Schwartz.
    • 03:13:22
      Well, I'm just going to actually agree with what you and Liz are saying.
    • 03:13:30
      I mean, it already is pretty steep.
    • 03:13:32
      And I think I would care more about this if this was a mixed-use project.
    • 03:13:37
      But, you know, you've got to trek all the way up, stribbling to the corner of JPA and Fontaine to find anything commercial-related that you'd be able to go to.
    • 03:13:47
      There's no way you'd be able to go down to the Fontaine Research Park because that's a really steep hill
    • 03:13:52
      So it's a purely residential development out in the corner of nowhere that is designed for cars.
    • 03:14:01
      Unfortunately, I think we've kind of set that up.
    • 03:14:03
      So the FHA Fair Housing assumes that you can use an automobile to get to an accessible location.
    • 03:14:14
      I think it's unfortunate, but it is...
    • 03:14:18
      Yeah, I mean, what we need is a work session where we all take a wheelchair out to an 8% slope and try and go up it.
    • 03:14:26
      Absolutely.
    • 03:14:26
      But we can't do that in time.
    • Phil D'Oronzio
    • 03:14:29
      Yeah, I mean, I think you're right that we're talking about walkability and accessibility and really that, you know, 8% is car design.
    • 03:14:37
      Yeah.
    • 03:14:39
      I mean, if everything's at 8%, well, it's walkable for some people.
    • 03:14:44
      Yeah, it's walkable for some people.
    • SPEAKER_13
    • 03:14:46
      ADA is not just wheelchair.
    • Phil D'Oronzio
    • 03:14:48
      Yeah, it's walkable for some people.
    • Rory Stolzenberg
    • 03:14:51
      Yeah, my take is, and I've walked a bunch of these grades, including right before this meeting, which is why I was slightly late.
    • 03:14:59
      He'll suck.
    • 03:15:00
      You know, if it were totally up to me with no constraints, like,
    • 03:15:04
      Say we pick whatever the average elevation of the city is and flatten all of it.
    • 03:15:09
      I'll drive the bulldozer.
    • 03:15:10
      So there will be trees now.
    • 03:15:11
      So I think though, and yeah, like, you know, 8%, if you go to the bottom of X, right, you turn left, it's 8%, you turn right, it's 9.5%.
    • 03:15:34
      They're both really unpleasant.
    • 03:15:35
      The 9.5% is definitely slightly more unpleasant.
    • 03:15:38
      Maybe that's because I did it second and was pretty winded.
    • 03:15:42
      But I think you have to weigh the harm that that extra 1.5% grade does
    • 03:15:52
      for 100 years to the people who will be affected because they live at the bottom of this development against the harm that would be done by bringing 1,000 dump trucks down shriveling, which is, I think, the real, according to our Senator's review, if there's one of them that seems compelling to me, it's that
    • 03:16:14
      like the health and safety effects of having to do that, right?
    • 03:16:19
      And since it sounds like this is all going to be done at the very first stage of this project, we won't have a sidewalk done at that point, which means everyone who walks or rolls down shriveling is in the street and now has to navigate it with these dump trucks.
    • Phil D'Oronzio
    • 03:16:38
      And to me, that's a great talk.
    • 03:16:40
      Say again?
    • 03:16:40
      For a very discreet period of time.
    • 03:16:43
      True.
    • 03:16:43
      It's not 100 years, but yes.
    • Rory Stolzenberg
    • 03:16:44
      Yeah, I mean, that's true.
    • 03:16:45
      Yeah, it's not for 100 years.
    • 03:16:46
      But it's, you know, while the dump truck's passing you, it's going to feel a lot worse, I think.
    • 03:16:54
      And so I lean towards approving the waiver with a shall, do everything possible so that the parts of the site that are
    • 03:17:07
      up the hill, and in particular, access to the apartment buildings is as low a slope as can be achieved as they move to the final site plan phase.
    • 03:17:21
      I don't know if that's the wording.
    • 03:17:23
      Is that a motion?
    • 03:17:24
      Again, I don't worry quite as much about the people who live in the three-story townhomes.
    • 03:17:34
      Unless they're going to have elevators, like see no row, but I'm assuming they're not.
    • 03:17:38
      They made their choice.
    • 03:17:39
      I do worry about people in the apartments.
    • SPEAKER_13
    • 03:17:42
      Well, I think we should worry about all of our constituents and have a responsibility for them, not just keep living where.
    • Rory Stolzenberg
    • 03:17:48
      Sure, but they're going to have to walk up the stairs in their house, probably.
    • 03:17:53
      You know, and if we have to go back, if we could go back for years, I would say, maybe I did say, put the apartments at the top of the hill because that's, then you have all those people that much closer to stuff.
    • 03:18:04
      but we didn't do that.
    • 03:18:05
      And they don't want to do that.
    • 03:18:07
      And there are probably other harms that people do.
    • SPEAKER_02
    • 03:18:10
      Are you going to ramble on?
    • 03:18:11
      Are you going to make a motion?
    • Rory Stolzenberg
    • 03:18:12
      Do you want me to make a motion?
    • 03:18:13
      I would love to make a motion.
    • SPEAKER_08
    • 03:18:16
      I'm on profiles.
    • SPEAKER_04
    • 03:18:19
      Do you have any questions?
    • 03:18:21
      I don't know.
    • 03:18:22
      I don't know.
    • SPEAKER_08
    • 03:18:35
      and confused what the difference between two and three.
    • SPEAKER_04
    • 03:18:39
      The fixed number three is more of pulling out the different rooms that we're interested in.
    • SPEAKER_08
    • 03:18:48
      thought about it and thought about it.
    • 03:18:49
      What would these be?
    • 03:18:50
      I'm talking about the rules.
    • 03:18:52
      Number two would indicate all four.
    • 03:18:55
      Oh, if they were to come up these.
    • 03:18:59
      Oh, I see.
    • 03:19:01
      Well, we should do that wheelchair test.
    • Rory Stolzenberg
    • 03:19:04
      Yeah, I almost borrowed a wheelchair this weekend to do that, but then I did too much research on three-notched.
    • 03:19:13
      I...
    • 03:19:18
      I move to approve a waiver that would allow those streets identified in the applicant's waiver request to exceed 8% but not more than 10% grade with the condition that the applicant shall make every effort to make the uphill segments of roads particularly north of road D as well as sidewalks leading to the two apartment buildings
    • 03:19:47
      as shallow a grade as possible.
    • 03:19:52
      Practicable?
    • 03:19:53
      Practicable.
    • 03:19:55
      When proceeding to final site plan.
    • Phil D'Oronzio
    • 03:19:57
      Don't give the engineer a possible.
    • 03:19:59
      Mr Duncan, does that make any sense?
    • SPEAKER_08
    • 03:20:03
      I'm not sure how we're going to enforce that.
    • 03:20:06
      Do you have ideas of how we could?
    • 03:20:07
      Probably won't.
    • Brennen Duncan
    • 03:20:11
      I mean, obviously my idea of practicable and Clint's idea of practicable as of right now are different.
    • 03:20:18
      Can I say while maintaining?
    • 03:20:22
      I mean, if you want to put a percentage on there, then that's much more, you know, enforceable.
    • 03:20:29
      Like then, you know, when we're reviewing it, we have a number that we're trying to hit.
    • Rory Stolzenberg
    • 03:20:34
      I would say while maintaining fill-dirt balance.
    • Brennen Duncan
    • 03:20:39
      To what percent?
    • 03:20:44
      Because I'll just say, in general, most sites, as he said, are going to have export.
    • 03:20:53
      That's the normal practice.
    • 03:20:56
      So the fact that this site is close to balancing is somewhat rare.
    • 03:21:02
      You usually want to have some export because you're going to have to bring in road-based gravel and that kind of stuff anyway.
    • 03:21:11
      that is coming in from office sites.
    • 03:21:13
      So normally you have to cut down some, export that out so you can bring in the proper material.
    • 03:21:20
      So again, I don't have a number for you to say, you know, it should be within X percent of balancing.
    • 03:21:28
      I don't know.
    • 03:21:31
      I don't know how to write that for you.
    • SPEAKER_14
    • 03:21:36
      If I may, I mean, our goal always is to make the site balance.
    • 03:21:39
      That's what we're tasked with from every developer of any municipality.
    • 03:21:44
      You know, we do projects in multiple municipalities for whoever the client may be.
    • 03:21:49
      It's always to get the site to balance.
    • 03:21:51
      I mean, that's not always achievable.
    • 03:21:52
      But a site this size, we would expect to be able to balance on some of the postage stamp sites.
    • 03:21:58
      where you don't have a lot of room to do the grade, like perhaps.
    • 03:22:02
      But I mean, again, it's just to say that the goal is a straight balance, zero.
    • SPEAKER_13
    • 03:22:08
      Yeah, I mean, it's not really a lot to push and pull.
    • 03:22:12
      If they're not bringing in more film, you know, what are we?
    • Rory Stolzenberg
    • 03:22:16
      Well, they could reconfigure the slopes on the site, right?
    • 03:22:20
      They could take that top right and, you know, put that in a pit.
    • 03:22:26
      I don't know how that works for hydrology or whatever other constraints there are.
    • 03:22:29
      And, you know, shove some dirt back up, right?
    • 03:22:33
      I don't know.
    • 03:22:34
      I'm not a civil engineer.
    • SPEAKER_10
    • 03:22:36
      I don't think anyone here is.
    • 03:22:37
      You said there was an 1800 number in there, right?
    • 03:22:39
      That they said that.
    • 03:22:40
      So the balance within that range.
    • 03:22:46
      Does that make sense?
    • 03:22:48
      So it could be between an auto and 18 bucks every page.
    • SPEAKER_11
    • 03:22:51
      We can't enforce any of that.
    • SPEAKER_01
    • 03:22:56
      Staff can't enforce cut or fill numbers.
    • 03:22:57
      Those are generally placed by the engineer in a plan as an estimate only in general practice because they're not costing these things.
    • 03:23:05
      They're not doing the undercut or the unsuitable fills or any of the geo testing that goes into those sorts of things.
    • 03:23:10
      That's an estimate.
    • 03:23:12
      The numbers Clint was talking about, you know, compression and institute soil versus excavated soil.
    • 03:23:17
      Those are huge estimates and staff has no way to check those numbers.
    • SPEAKER_10
    • 03:23:23
      Why don't you just make the motion without the, you know, friendly suggestions.
    • Rory Stolzenberg
    • 03:23:29
      Yeah, I mean, I think when I was trying to originally pray the motion, it was
    • 03:23:34
      probably isn't going to put the word please in there, but it's almost intended as a please, right?
    • 03:23:39
      Like, SAP is not going to be able to enforce that sort of thing.
    • 03:23:42
      It's, hey, the Planning Commission, in giving you this waiver that you're asking for, would really like you to try as hard as you can to make it so there's a shallow, possibly as close to 8% as you can, pathway to get to the front door of the party building.
    • SPEAKER_13
    • 03:23:58
      It comes with a this.
    • 03:24:00
      Only condition.
    • Phil D'Oronzio
    • 03:24:05
      Take another swing at it?
    • 03:24:08
      Want to take another swing at it?
    • 03:24:12
      I will second that as a please.
    • SPEAKER_06
    • 03:24:15
      I hear a second.
    • Rory Stolzenberg
    • 03:24:16
      What are you saying?
    • 03:24:17
      That's right.
    • 03:24:18
      We're acknowledging that we're not making Jack and Brennan more confusing for staff that have a
    • SPEAKER_10
    • 03:24:31
      I think you're, well, it's not, but it's not, I mean, staff can't enforce it.
    • 03:24:34
      It's basically, it's something for the applicant.
    • 03:24:36
      So what put it in?
    • 03:24:37
      That's pretty please.
    • SPEAKER_11
    • 03:24:40
      And then do your pretty please.
    • 03:24:42
      Yeah.
    • 03:24:43
      Because that, you know, the motion we can understand, we can enforce, the pretty pleases we get.
    • SPEAKER_10
    • 03:24:51
      It's like why Jeff Warner hates it.
    • 03:24:54
      The VAR does this to him all the time.
    • 03:24:55
      What is the motion?
    • SPEAKER_08
    • 03:24:57
      Yeah, you want to, yeah.
    • 03:24:59
      You guys want me to restate the motion with no conditions?
    • 03:25:02
      Yes.
    • 03:25:02
      I lost it.
    • Rory Stolzenberg
    • 03:25:03
      I move to approve the waiver that would allow those streets identified in the applicant's waiver request to exceed 8% but not more than 10%.
    • SPEAKER_02
    • 03:25:09
      I hear a motion and a second.
    • Rory Stolzenberg
    • 03:25:10
      Discussion on this item?
    • 03:25:10
      Have we considered
    • Phil D'Oronzio
    • 03:25:28
      the column A and column B option that is presented.
    • 03:25:34
      Yes, we can let it happen here, but not there.
    • 03:25:36
      Because we've already been harping on that corner that apparently nobody but the fire department wants.
    • Rory Stolzenberg
    • 03:25:44
      I mean, I think, look, I would agree that the two on the left are the most important to get rid of to the extent that you can, but I don't know how we can pick and choose segments without it.
    • Brennen Duncan
    • 03:25:57
      knocking everything you're having, yeah, yeah, really just as much a denial, yeah, I wasn't having it once, and if I may, I mean, staff would rather have as many compliant, or, you know, as many at 80% as we can, so, you know, I agree with you that the ones to the left of row D to get pedestrian access up to Morgan Court and to Stribling Avenue are the most
    • Rory Stolzenberg
    • 03:26:29
      See, I'd almost say the Morgan Court one, like if you were to make the whatever road that is, if you could get me those left right segments to be 8% and the up down wasn't, I wouldn't be as worried about that because you can use the left road up down and Morgan Court has that 12% at the top anyway.
    • 03:26:50
      So if you're going up there, it doesn't really help you that much.
    • Brennen Duncan
    • 03:26:55
      As a counterargument, if you tell a disabled person that they can traverse one noncompliant or two noncompliant, which do you think they're going to pick?
    • Rory Stolzenberg
    • 03:27:04
      Yeah, but then it gets you a pass that doesn't have any non-compliance.
    • Brennen Duncan
    • 03:27:07
      I was just saying, if they're trying to visit someone on Morgan Court and they were trying to walk there, you know, if they can only have to do the one at the end of Morgan Court that's only 100 feet long, as opposed to multiple ones, you know, it's going to be preferable.
    • 03:27:23
      So again, more compliance is always better than less compliance, even if it's not fully compliant.
    • SPEAKER_04
    • 03:27:30
      Math question.
    • 03:27:32
      Could this become an accessible access off-street and not have to worry about this?
    • 03:27:41
      There's a giant ridge to the left of that park, but you could get out to the top, maybe.
    • 03:27:47
      I don't know.
    • 03:27:48
      Let's see.
    • Brennen Duncan
    • 03:27:52
      Without going through the engineering, I don't have that answer for you.
    • SPEAKER_04
    • 03:27:56
      I think it would have to be 5%.
    • Brennen Duncan
    • 03:27:58
      At that point, yes.
    • SPEAKER_04
    • 03:28:00
      That's harder, but you've got a lot more land to do it.
    • Brennen Duncan
    • 03:28:03
      But that still doesn't get you from the apartment buildings up to that.
    • 03:28:07
      If the apartment buildings can get to the intersection, then they can get there.
    • SPEAKER_13
    • 03:28:11
      They're still traveling a sidewalk.
    • Brennen Duncan
    • 03:28:14
      Yeah, it depends on exactly where those entrances are along the...
    • SPEAKER_10
    • 03:28:19
      Is it worth seeing if this is, it sounds like this might fail, but I mean, I don't know that.
    • 03:28:25
      Well, let's find out.
    • Rory Stolzenberg
    • 03:28:26
      I think we're maybe, wait, what will fail?
    • 03:28:29
      Your motion.
    • 03:28:30
      Oh, my motion.
    • 03:28:32
      I don't, well, I think if we can figure out a reasonable thing to do that is short of giving them the waiver entirely, I may be open to it.
    • 03:28:41
      I just don't know that we can do that as amateur engineers looking at it.
    • SPEAKER_04
    • 03:28:47
      graphic lines on a piece of paper.
    • 03:28:52
      So.
    • 03:28:55
      Any more discussion on this motion?
    • 03:28:57
      Was there a second?
    • 03:28:58
      There was a second from Mr. Ross, I believe.
    • 03:29:00
      No.
    • 03:29:01
      I'm sorry.
    • 03:29:01
      Yeah, I still don't know where I'm thinking.
    • 03:29:04
      Great.
    • 03:29:04
      All right.
    • 03:29:05
      Chrissy, would you please call the roll?
    • 03:29:10
      Mr. Schwartz.
    • 03:29:13
      Yes, for the waiver.
    • 03:29:16
      Mr. D'Oronzio?
    • SPEAKER_11
    • 03:29:20
      Aye Mr. Stolzenberg?
    • 03:29:23
      Aye Mr. Mitchell?
    • 03:29:25
      Aye Mr. Russell?
    • 03:29:27
      Yes Mr. Solla-Yates?
    • SPEAKER_04
    • 03:29:30
      Aye Do we want a pretty please?
    • 03:29:34
      Is it worth doing?
    • 03:29:35
      Want a resolution?
    • 03:29:38
      Yeah the Planning Commission does hear for it.
    • 03:29:42
      Well really whereby I think we
    • Phil D'Oronzio
    • 03:29:45
      articulated that pretty well.
    • 03:29:47
      I wouldn't say articulate.
    • 03:29:48
      I think we expressed that emotion.
    • 03:29:51
      And also, thank you, the staff, for working really hard and bringing these, I don't know, delinquencies within the code to our attention.
    • SPEAKER_13
    • 03:29:55
      It's not working for us.
    • 03:29:56
      We should do better with that.
    • Rory Stolzenberg
    • 03:30:11
      Yeah, and thank you to staff for working as hard as you can to make improvements to the city as accessible to everybody as you can, even though we just undid some of that.
    • SPEAKER_04
    • 03:30:24
      Geography is geography.
    • 03:30:27
      Yeah.
    • 03:30:28
      I would entertain an additional motion at this time.
    • Phil D'Oronzio
    • 03:30:32
      Yes, sir.
    • 03:30:33
      Please.
    • 03:30:34
      I suggest that I move that we put our paper mache heads on our beds, climb to the roof, grab our makeshift rafts, and get down into San Francisco bed.
    • 03:30:45
      It's time to escape from the address.
    • 03:30:47
      Do I second all this?
    • SPEAKER_13
    • 03:30:48
      Can I get thumbs?
    • 03:30:49
      Let's get thumbs.
    • SPEAKER_04
    • 03:30:50
      Good night, all.
    • 03:30:51
      Thank you very much.
    • 03:30:52
      Please take it all, rest easily.
    • 03:30:55
      May