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  • City of Charlottesville
  • Planning Commission Work Session 5/27/2025
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Planning Commission Work Session   5/27/2025

Attachments
  • Planning Commission Work Session Agenda
  • Planning Commission Work Session Agenda Packet
  • Planning Commission Work Session Minutes
    • Hosea Mitchell
    • 00:03:30
      Okay.
    • Betsy Roettger
    • 00:04:00
      And I have to leave around 6.30.
    • 00:04:02
      I have CHS and Buford are both having 7 o'clock end of year events.
    • 00:04:10
      OK.
    • 00:04:11
      So something in, I mean, just I have to pick people up and then get there.
    • 00:04:16
      So whatever amount of time, wherever there is a good time to break.
    • Hosea Mitchell
    • 00:04:20
      Why should we start the round table or round robin table?
    • Betsy Roettger
    • 00:04:22
      Yes, OK.
    • 00:04:30
      It doesn't have to be on the dot.
    • Carl Schwarz
    • 00:04:36
      So for the record, you volunteered to go first this time.
    • SPEAKER_03
    • 00:04:39
      Right.
    • Hosea Mitchell
    • 00:04:40
      I just love that you let her off the hook at the end of that last week.
    • 00:04:48
      It was starting to feel a little bit wild.
    • 00:04:50
      That got all the way over here.
    • SPEAKER_03
    • 00:05:02
      Chair with his fancy water Sparkling
    • 00:06:06
      Are we ready chair?
    • Hosea Mitchell
    • 00:06:07
      Patrick can you pull up the presentation?
    • 00:06:08
      Good afternoon everybody, how's my audio?
    • Betsy Roettger
    • 00:06:39
      Is that any better?
    • 00:06:41
      A little.
    • Rory Stolzenberg
    • 00:06:45
      How about now?
    • Betsy Roettger
    • 00:06:46
      Yeah, better.
    • Matt Alfele
    • 00:06:46
      There we go.
    • 00:07:08
      Good evening, Planning Commission.
    • 00:07:10
      I'm the development planning manager for NDS, and I'll be leading the staff portion of the work session related to the development code amendments tonight.
    • 00:07:18
      Our goal is to review some of the overarching issues, some proposed amendments, and discuss the implementation and explore solutions when presented.
    • 00:07:29
      We'll start by walking through the key points we'll be covering this evening.
    • 00:07:42
      We'll cover the context behind the proposed development code amendments, the current challenges, and the opportunities that we have in front of us.
    • 00:07:52
      Next, I will explain the amendment tiers to detail how each tier works, what criteria differentiates them, and why this spectrum of opportunity options is important.
    • 00:08:03
      By breaking down the tiers, you will see how the movements are not going to be
    • 00:08:07
      The rise fits all, but instead are tailored to different levels of need.
    • 00:08:22
      I will then move on to specific examples of some of the proposed amendments.
    • 00:08:27
      These examples will illustrate the kinds of changes we're considering.
    • 00:08:31
      I'll point out key features, potential benefits, and real-world examples that these proposals might have on development.
    • 00:08:40
      Following these examples, I will outline the next steps in our process.
    • 00:08:44
      That section will cover the upcoming phases from further review and refinement of the amendments to plan feedback and adoption.
    • 00:08:52
      Finally I'll open the floor with targeted questions for the Planning Commission.
    • 00:08:56
      This segment is designed to create a focused discussion and elicit valuable feedback.
    • 00:09:02
      Your insight here is critical in refining our proposals as we move forward to a public hearing.
    • 00:09:07
      Next slide.
    • 00:09:10
      Let's take a closer look at our development code amendments.
    • 00:09:13
      This slide provides an overview of where we've been with our code and where we are moving with these revisions.
    • 00:09:21
      As you can see, our current development code was adopted on December 18, 2023.
    • 00:09:25
      It was crafted to facilitate a more form-based zoning approach aimed at increasing density, a goal that aligns closely with the 2021 comprehensive plan.
    • 00:09:36
      This means our code was designed not just to set the rules,
    • 00:09:41
      but as a tool to shape how our neighborhoods grow in a structured yet flexible way.
    • 00:09:47
      However, as time has passed, staff has identified a number of issues, some minor, such as grammatical corrections and others more significant, that need to be addressed to better achieve our city's goals.
    • 00:10:00
      This recognition is a natural part of keeping our planning methods and regulations effective and respond to our community needs.
    • 00:10:09
      To manage the necessary changes efficiently, we're using a three-tiered approach.
    • 00:10:14
      Tier one, this tier covers minor corrections, small adjustments, and ensures compliance with state regulations.
    • 00:10:22
      These are straightforward fixes that keep our code neat and clear.
    • 00:10:26
      Tier 2, here we are making modifications to address any oversights from the original drafting and offer clarification where needed.
    • 00:10:35
      This ensures everyone has a common understanding of the regulations they are using.
    • 00:10:40
      Tier 3 is more involved and provides a deeper policy level change, which naturally requires in-depth analysis along with meaningful community engagement.
    • 00:10:52
      These changes are more substantial and will shape the way we approach long-term planning.
    • 00:10:58
      For tiers 1 and 2, the next immediate steps is advance these changes to a public hearing with adoption this fall, which keeps the process timely and relevant.
    • 00:11:10
      Tier 3, or selected issues from tier 3,
    • 00:11:15
      are a little bit harder and will need to be integrated into the broader FY26 NDS work plan.
    • 00:11:23
      This allows us to manage our resources efficiently and involve the community on a larger scale.
    • 00:11:29
      Finally, it is important to note that this isn't a one-time fix.
    • 00:11:33
      We plan to update Tier 1 and Tier 2
    • 00:11:36
      on an annual basis to ensure the code remains adaptable and incorporates the best practices and supports sustainable growth in the future.
    • 00:11:48
      This continued process is key to keeping our development code in line with both our current needs and future opportunities.
    • 00:11:58
      Let's begin by looking at Tier 1 amendments.
    • 00:12:01
      These adjustments are essentially the bread and butter fixes to ensure that our development code is clear and accurate as possible.
    • 00:12:10
      The Tier 1 focuses address copying, editing issues, filling in missing text, and making small refinements.
    • 00:12:17
      These tweaks help us accurately reflect the intent of the development code, ensuring that our document communicates our goals without ambiguity.
    • 00:12:28
      An important part of Tier 1 is incorporating legislative updates.
    • 00:12:32
      We've made sure to include changes based on recent actions passed by the Virginia General Assembly.
    • 00:12:38
      This ensures that our code is not only up to date, but also remains compliant with current legal requirements.
    • 00:12:45
      The scope here is quite focused.
    • 00:12:47
      These are primarily technical corrections and minor adjustments.
    • 00:12:51
      This means we're enhancing clarity and consistency without shifting
    • 00:12:58
      without shifting the underlying policy direction.
    • 00:13:02
      It's about fine tuning the language rather than making changes.
    • 00:13:06
      For these amendments, the next step is straightforward.
    • 00:13:08
      The proposed tier one changes will be presented at an upcoming public hearing.
    • 00:13:13
      Finally, we view these corrections as part of an ongoing effort establishing regular annual updates to help maintain the accuracy of the development code and ensure we're staying in regulatory compliance.
    • 00:13:27
      Next slide.
    • 00:13:29
      This slide outlines some of the specific examples of tier one amendments that fall into this area of grammatical changes.
    • 00:13:38
      Next slide.
    • 00:13:41
      This slide focuses on how tier one amendments incorporated updates based on changes in state regulations that go into effect July 1st of this year.
    • 00:13:51
      It's essential for our development code to reflect the most current state mandated language and compliance requirements.
    • 00:13:58
      One of our key responsibilities is to ensure that every reference in our code aligns with the latest requirements from the Virginia General Assembly.
    • 00:14:07
      Under HB2660, review deadlines for site plans, development plans, and subdivisions have been shortened.
    • 00:14:15
      Staff will be able to address most of these updates in our development process review manual, but we will need to amend the code to align with the shortened time frames for acceptance of complete applications for review.
    • 00:14:27
      That time frame has been shortened from 10 days to 5 days.
    • 00:14:31
      Under SB974, authority to review site plans, development plans, and subdivisions is shifting fully from Planning Commission to staff.
    • 00:14:43
      Many sections of the development code will need to be amended to stay compliant with the updated state regulations.
    • 00:14:49
      Remember, these updates are not a one-off task, but we'll have an annual review process to make sure we stay in compliance with all legislative requirements.
    • 00:14:59
      Next slide.
    • 00:15:02
      Now we'll move into the Tier 2 amendments.
    • 00:15:04
      This phase of our review focuses on addressing oversights and ambiguities in the development code.
    • 00:15:12
      It ensures a clear practical and will be as user-friendly as possible.
    • 00:15:18
      At the core of Tier 2,
    • 00:15:22
      is about resolving gaps and ambiguities that might have been overlooked in the initial drafting.
    • 00:15:32
      By fine tuning these areas, we're aiming to enhance the overall clarity and functionality of the development code.
    • 00:15:38
      One example of these improvements is found in the fee schedule.
    • 00:15:43
      Minor amendments are being proposed to help facilitate adjustments to the overall development review process that is currently being reevaluated by staff.
    • 00:15:52
      The scope of Tier 2 is broad.
    • 00:15:54
      It includes modifications, additions, and removals within the code.
    • 00:15:59
      The goal is to improve how the provisions are interpreted and implemented so that every regulatory regulation works in harmony with our intended planning outcomes.
    • 00:16:12
      These changes are designed to ensure our regulations support our planning goals more efficiently
    • 00:16:19
      while keeping a consistent approach across the board.
    • 00:16:23
      In essence, by clarifying language and addressing gaps, we're making it easier for everyone from staff and developers to understand the rules they're following.
    • 00:16:33
      Like Tier 1, the proposal summed but not all within Tier 2.
    • 00:16:40
      will be moving forward to a public hearing.
    • 00:16:43
      And as with Tier 1, this will be a continuous process with amendments that will be evaluated on a yearly process moving forward.
    • 00:16:52
      Next slide.
    • 00:16:56
      As with Tier 1, here are a few examples of the amendments and proposed draft language to address the issues.
    • 00:17:02
      For the first example, the current code is preventing attached dwelling units in the R districts.
    • 00:17:08
      Staff has worked with applicants on a workaround involving sub-lots, but that process wastes time and money and is not contributing to the goals of more and different types of housing within the city.
    • 00:17:21
      Staff is proposing to utilize the alternate form section of the code, and I will go into that more in detail at the next slide.
    • 00:17:29
      The next example involves providing an avenue for residents and developers to make small improvements to their lots without going into expensive additions or adding to buildings or structures in the front yard to bring the existing building to conformity as it relates to the build to requirement.
    • 00:17:49
      This is intended to facilitate structures such as sheds and outbuildings while still preserving the intent of the code for a more urban streetscape for primary buildings.
    • 00:18:02
      Examples three is related to codifying an existing policy when it comes to one and two unit construction, one and two dwelling units construction and falls under the sub-tier of changes related to improving the development review process.
    • 00:18:20
      Under the current code, all new construction and additions must have a development plan and a final site plan.
    • 00:18:27
      This adds a lot of time and resources as it requires an applicant to go through a development review process prior to submitting a building permit.
    • 00:18:36
      The policy from NDS has been to allow the building review process to stand in for development review with the final document
    • 00:18:48
      becoming the code required development plan and final site plan.
    • 00:18:54
      This is becoming difficult
    • 00:18:56
      to track and staff is proposing to remove new constructions and additions for one and two units from development review and go straight to building permit review.
    • 00:19:08
      It should be noted that just because they would not go through a development review process, they are still reviewed for zoning compliance, all regulations within the zoning code
    • 00:19:19
      during building review stage.
    • 00:19:22
      Nothing in this amendment relieves an applicant from meeting the regulatory requirements.
    • 00:19:26
      That includes requirements found in Chapter 10, Water Protection.
    • 00:19:30
      Next slide.
    • 00:19:34
      Here we have the alternate form example to address the code requirements that are preventing attached dwelling types in the R districts.
    • 00:19:42
      This amendment will allow applicants to build attached dwellings and still conform to all the underlying regulations for each district.
    • 00:19:50
      I'll leave this up just for a minute to study.
    • 00:19:56
      Next slide.
    • 00:20:00
      This slide, in this section, I'll address the proposed amendments to the Neighborhood Development Services fee schedule.
    • 00:20:06
      These changes are designed to support the upcoming updates to our development review process.
    • 00:20:11
      The primary goal is to ensure that our fee structures align with the changing development review process that staff is currently undertaking.
    • 00:20:19
      One of the anticipated updates involves modifying the fee structure for development plan review and final site plan submission.
    • 00:20:26
      These changes are intended to reflect revised timelines, additional review steps and new service levels that align better with what the desired outcome of the development code is as a whole.
    • 00:20:40
      Fees for sublots and easement plats will be proposed as separate standalone application as opposed to the current approach of processing them under boundary line adjustments.
    • 00:20:51
      This will make it easier for tracking and record keeping and having a better understanding of the number of sublots that we approve in this process.
    • 00:20:59
      Next slide.
    • 00:21:02
      Now we turn our attention to Tier 3 amendments.
    • 00:21:05
      These represent
    • 00:21:07
      the more comprehensive policy changes that need to conform with the development code.
    • 00:21:17
      Unlike the more technical tiers, tier three would address the fundamental principles that guide our long-range planning efforts.
    • 00:21:26
      Tier 3 is all about critical policy updates, and these amendments will focus on establishing or conforming key policy directions that require in-depth analysis because of their broad impact.
    • 00:21:39
      They are significant because they affect long-term planning and involve a careful evaluation of our goals and policies.
    • 00:21:46
      These are big-picture decisions that help us shape our community's future.
    • 00:21:50
      Given the far-reaching nature of these changes, community engagement is paramount.
    • 00:21:55
      Extensive outreach will need to be planned to gather feedback and ensure that any modifications align with the public's priorities.
    • 00:22:03
      Due to the complex and the critical resources involved, Tier 3 amendments will be prioritized within the broader future
    • 00:22:12
      NDS work plan.
    • 00:22:14
      This means we're taking a phased, deliberate approach, one that will allow detailed research, stakeholder involvement, and an extended review period to ensure that every aspect is thoroughly vetted before implementation.
    • 00:22:28
      Next slide.
    • 00:22:31
      On this slide, I'll discuss several key examples of the Tier 3 amendments.
    • 00:22:35
      These proposals are more than just technical updates.
    • 00:22:40
      They represent fundamental policy changes that require in-depth analysis and broad community input to shape the long-term planning.
    • 00:22:48
      The first example looks at reexamining height measurements, not just in terms of feet, but also the number of stories within our residential districts.
    • 00:22:57
      due to interlocking regulations tied to facade and street facing, how stories are counted becomes very different per development.
    • 00:23:10
      Staff continually runs into issues related to height in the R districts that was not present under the old code.
    • 00:23:18
      These complex regulations may be preventing additional units
    • 00:23:24
      by two strictly controlling story counts that could be regulated by maximum feet.
    • 00:23:30
      Next, the guidelines for fences and walls under special exceptions permits could be up for review.
    • 00:23:36
      Often these structures can carry significant visual and functional impacts on a site, yet the regulations has not always been clear cut.
    • 00:23:45
      By reevaluating these rules, we can ensure that granting exceptions are both
    • 00:23:53
      well-defined and aligned with our broader planning goals.
    • 00:23:57
      Or conversely, we removed these as they were not regulated under our old code and the lack of regulations did not generate negative feedback in our department.
    • 00:24:10
      Next, looking at the RNA district.
    • 00:24:12
      This district has unique characteristics identified in the comprehensive plan process and needs broad community engagement to ensure zoning regulations are meeting those goals.
    • 00:24:24
      Another example is the reevaluation and better definition of what we mean by building within the art districts.
    • 00:24:31
      This involves considering massing and allowing height based on the number of residential units, what we refer to as the townhouse effect.
    • 00:24:40
      In many cases, height and massing can appear differently when looking at interior property lines versus external matrix.
    • 00:24:48
      Clarifying the terms will ensure fair and consistent evaluation and help developers better understand what type of product can be built on a site.
    • 00:25:02
      Next example, currently there are no established cutoffs or qualifying date to determine what contributes an existing structure.
    • 00:25:09
      Without clear criteria, the bonus may be applied inconsistently
    • 00:25:16
      We need to look at establishing a clear qualification date that would help ensure that the bonus truly rewards historical or architecturally significant structures.
    • 00:25:27
      Lastly, from this list of examples, the current lighting section does not explicitly address the unique requirements of athletic fields, whether on public or private land.
    • 00:25:38
      Athletic fields need specific lighting consideration ranging from safety and energy efficiency to user comfort.
    • 00:25:45
      By reevaluating and examining this section, we can provide clear guidance that matches the realities of the community space.
    • 00:25:52
      Next slide.
    • 00:25:56
      This slide outlines the timelines we are establishing for moving forward.
    • 00:26:00
      Following our meeting tonight, we will have a work session with city council on June 16th.
    • 00:26:05
      This meeting ensures that our proposed proposal align with the broader city objectives and work plan.
    • 00:26:13
      From June through August, staff will work to refine the proposed proposals based on the feedback received during these work sessions.
    • 00:26:21
      This period involves drafting and producing the necessary materials to move the amendments forward.
    • 00:26:27
      We are aiming for a September 9th formal public hearing at Planning Commission.
    • 00:26:34
      This is a key moment for transparency, providing an open forum for community stakeholders, developers, and other interested parties to review the proposals, ask questions, and provide detailed comments.
    • 00:26:45
      The process continues with another layer of engagement on October 20th during the public hearing at City Council.
    • 00:26:53
      This session will further refine our proposal and ensure they meet both the technical criteria of the community and for adoption into the city code.
    • 00:27:01
      Finally, we are hoping to have these proposals adopted by November 3rd of this year.
    • 00:27:07
      But again, these last kind of three dates are all subject to change as we get closer.
    • 00:27:12
      But those are what we're aiming for.
    • 00:27:15
      Next slide.
    • 00:27:17
      At this point, I will welcome any questions on the slide before I turn it back over to the chair to go over the questions in your packet.
    • Carl Schwarz
    • 00:27:30
      Is there going to be any direct collaboration between us and Council on this?
    • Matt Alfele
    • 00:27:37
      There's not at this time there's not scheduled a joint City Council work session there is will be I believe on the 10th we're going to be bringing forward at our regular meeting materials will be sharing with City Council on the 16th but to date no there's not a joint City Council Planning Commission work session.
    • Betsy Roettger
    • 00:28:03
      Question wise, I guess I really appreciate the tears.
    • 00:28:07
      I think that's cool because obviously some things don't need to be discussed and others are going to need some work.
    • 00:28:19
      And maybe that's it for now.
    • 00:28:21
      I mean there's some more specific things but in terms of what you've presented I think it seems
    • 00:28:30
      You know, for us, a year sounds like a long time, but seeing how all of these meetings have to go through and set up in the time to work, it seems like the tier one and two should be able to be done annually and that the third one may or may not take longer depending on, you know, first assessing how much research it's going to take and then, like you were saying, in terms of the
    • 00:28:56
      residential neighborhood, kind of special zones, community engagement will take a while so that those would have their own schedule.
    • 00:29:08
      Yeah, so thank you.
    • Danny Yoder
    • 00:29:15
      Are we supposed to, at this point, are we supposed to limit our questions to the kind of, I see there's like three questions on the slide, whether any proposed amendments have been assigned to the incorrect tier, et cetera.
    • Hosea Mitchell
    • 00:29:26
      Let's wait till we get general questions, and then we'll go through the A, B, and C. OK, gotcha.
    • Danny Yoder
    • 00:29:31
      I mean, I think this is, echo Betsy's comments, I think this is a good approach, and I don't have anything to add at this point.
    • 00:29:39
      Right.
    • Hosea Mitchell
    • 00:29:40
      And Rory.
    • Rory Stolzenberg
    • 00:29:43
      Thanks.
    • 00:29:44
      I guess no main questions really on this process.
    • 00:29:47
      But one question, you know, some of these sort of, at least one of these sort of touches on the contents of the standards and design manual and conflicts between the code and the SADM.
    • 00:30:00
      And I'm wondering if, you know, whether as part of this process we're separately, there's some plan to begin to review what's in the SADM.
    • 00:30:12
      As I recall, we adopted it in 2019.
    • 00:30:15
      We talked about doing a review every year.
    • 00:30:17
      Of course, that was two city engineers ago.
    • 00:30:19
      And whether we're thinking about how these two things integrate together.
    • Matt Alfele
    • 00:30:26
      Specifically, there hasn't been.
    • 00:30:27
      I've been working with the city engineer very closely on our development review update proposals.
    • 00:30:34
      But we have not had any conversations really about the SADM and revising it at this time.
    • Michael Joy
    • 00:30:40
      Thanks.
    • 00:30:47
      Again, being a non-voting member, I'm just grateful from the university's perspective to be sort of, I have this presence here looking through it.
    • 00:30:55
      I was mainly curious just, I mean, tier one, I could see a lot of times that you use the code, you just find these typos and spelling errors and some grammatical issues.
    • 00:31:02
      The tier two, it seems like there's some other ones.
    • 00:31:04
      Is this a feedback loop coming from people submitting applications or people who are interested in submitting, but they see kind of a sticking point?
    • 00:31:12
      I was just curious about how the tier two stuff got daylit.
    • Matt Alfele
    • 00:31:17
      Yes, but it's also just, it's a living document.
    • 00:31:19
      We're just trying to keep track of these as we're going through projects where we're hearing issues, but also where we're seeing issues as we're doing our review.
    • 00:31:29
      So it gets added to, I won't say constantly, but we are adding to and keeping track of where we're running into not only the tier one, really all three is what we're doing.
    • Michael Joy
    • 00:31:42
      And then the only other, again this is coming more from being a resident of the city, is the comment about the tier three is maybe some more clarity.
    • 00:31:48
      I understand they're going for consideration but I don't know if there's a tier three, you mentioned the work plan, if there's some way in the annual process to update and be a little bit more
    • 00:31:59
      up front about where tier three currently stands and how I imagine that backlog could grow quite sizable and just you know at what point does something fall off tier three and not get adopted but I don't know just maybe a little bit more clarity it seems like one and two you have a good sense of clarity this happens on an annual basis we have a process tier three I understand it's new but maybe be helpful once you go to council and other ones to have a sense of what that process looks like
    • Matt Alfele
    • 00:32:25
      Tier 3 is definitely going to be about balancing priorities and working what we can into a larger work plan.
    • 00:32:33
      So there is going to be some trade-offs.
    • 00:32:35
      There will probably be some
    • 00:32:40
      some of those that might keep falling because they're just not raising to the level that shouldn't be addressed in this work plan yet.
    • Michael Joy
    • 00:32:48
      I don't know maybe the tier three name is the issue because it kind of gives equity maybe it's an amendment sort of consideration group or something you know something that differentiates it because it sounds like if you were to drill down on tier three there's probably tiers of tier three of things that seem like we could do and other things maybe feel like they're beyond the grasp.
    • Matt Alfele
    • 00:33:08
      We're definitely wanting to keep track of these things.
    • 00:33:10
      Tier 3 really needs to jump from Tier 3 to a work plan.
    • 00:33:15
      And so we're just making sure that there's somewhere that's all inclusive of these changes we're making.
    • 00:33:21
      So at least we can look back at it and go, yeah, this has been on this list for several years, but it keeps getting bumped down because of other priorities.
    • 00:33:30
      OK, thank you.
    • Carl Schwarz
    • 00:33:33
      OK.
    • 00:33:39
      I think that was my question was about yeah just whether we've done a chance to interact with council because I feel like they don't necessarily always agree with us and I just want to make sure that there's some sort of dialogue between the two groups and I don't know if that just means that you share your notes from the council meeting with us that are appointed commission meeting that happens after that or if there's some sort of I don't know
    • 00:34:08
      some way to make that happen while keeping the schedule as efficient as you have it.
    • Rory Stolzenberg
    • 00:34:22
      Thanks for the question.
    • 00:34:45
      I'd also add in this plan, this has an initiation and a public hearing on the same date.
    • 00:34:52
      That was one of the factors that was counted against Arlington when their expanded housing options ordinance was overturned.
    • 00:35:03
      I expect that will probably be overturned on appeal, but we may want to initiate prior to that just to be safe.
    • Hosea Mitchell
    • 00:35:14
      The Tier 3 public interaction, public communication, public engagement piece hopefully will give a lot of thought to that.
    • 00:35:23
      I have nightmares going back to the early days of putting together the
    • 00:35:33
      and the way we collectively, we being the Planning Commission and we being NDS, we manage that.
    • 00:35:41
      So hopefully we've learned a little bit from that and we can streamline that a little bit and we can know when we've done enough.
    • 00:35:49
      It seems like we got on a slippery slope and we just couldn't get off it.
    • 00:35:52
      So it is my hope that we don't get back on the slippery slope again and we just do it over and over and over again and don't get to a point where we get a good decision.
    • Matt Alfele
    • 00:36:03
      And I'll say one of the litmus tests we are using for these is a public hearing is a form of public engagement.
    • 00:36:13
      But when there's something from these tiers that, as a body, whether it's Planning Commission or City Council or even staff fields, this needs a touch point beyond a public engagement.
    • 00:36:25
      It needs a public outreach process.
    • 00:36:28
      That's when we feel it should be on the tier three.
    • 00:36:31
      So that's kind of been our litmus test, but as that dividing line between tier one, tier two, and tier three.
    • Hosea Mitchell
    • 00:36:37
      And the only point I'm attempting to make is we didn't know when enough was enough in the public outreach.
    • Matt Alfele
    • 00:36:45
      Well, I will say that is one of the nice things now that under kind of our new structure with having a long-range planning manager and our new long-range planner, who today was her first day, you know, we now have kind of a division within NDS that will be focused just on those things.
    • 00:37:04
      I think that will help.
    • Hosea Mitchell
    • 00:37:06
      The other question is just a Planning Commission 101 question.
    • 00:37:09
      This is relating to SB 974.
    • Matt Alfele
    • 00:37:16
      So right now Planning Commission there's some holdovers from the old code that this affects more than the new code so under the old code the Planning Commission would be the approval authority for any site plan or subdivision related to a PUD
    • 00:37:32
      Any site plan that had a special use permit.
    • 00:37:37
      So any site plan subdivision or development plan that was called up that you wanted to look at.
    • 00:37:44
      So you had a lot of approval authority under that.
    • 00:37:49
      Now that goes to, so you can't call up a site plan or development plan or subdivision plan.
    • 00:37:56
      Those need to be approved administratively.
    • Hosea Mitchell
    • 00:38:01
      who the public understands we are no longer involved in special use threats.
    • Matt Alfele
    • 00:38:07
      On the site you were still involved for making recommendations if someone comes to this body who wants a special exception or a special use or rezoning they still come to this body to get a recommendation on that that goes to City Council but the actual site plan or subdivision or development that goes with that
    • 00:38:27
      Once they get their special exception or their special use granted, they would submit a site plan.
    • 00:38:31
      That would not come back to you for approval.
    • Hosea Mitchell
    • 00:38:33
      Most of those approvals, if I remember correctly, have been ministerial anyway.
    • Matt Alfele
    • 00:38:37
      Correct.
    • 00:38:37
      Most of those have been on consent.
    • Hosea Mitchell
    • 00:38:39
      The change is not going to be.
    • Matt Alfele
    • 00:38:41
      Correct.
    • Hosea Mitchell
    • 00:38:41
      Okay.
    • Rory Stolzenberg
    • 00:38:45
      So the one big change might be that the public doesn't, or often the public only sees the site plan.
    • 00:38:51
      We only see the site plan on the agenda.
    • 00:38:54
      My hope is that we will post more on the permit portal.
    • 00:38:59
      I know you guys have had issues of site plans in particular because of the file size, but it'd be great to either figure out those issues or just have them as sort of a notice on the next planning commission agenda after these are ministerially approved.
    • Matt Alfele
    • 00:39:15
      We can definitely look into that, and I'll take this opportunity to plug the development map that is the live map that is now on NDS's website, which is a great resource for this body, but just the public in general wants to see plans that are under review or under construction in a map form.
    • 00:39:35
      Our GIS analyst has worked very hard on that to get that up and running.
    • Hosea Mitchell
    • 00:39:39
      All right, Matt, do you want to
    • 00:39:49
      My recommendation, but I'll do whatever you like, is that we just take them individually so we don't miss anything.
    • Matt Alfele
    • 00:39:54
      That was my hope, and then that way each commissioner would have an opportunity to go over what they were thinking per these questions as you go around.
    • Hosea Mitchell
    • 00:40:05
      If you've got no input, feel free to say I've got nothing.
    • 00:40:10
      So the first question relates to
    • 00:40:15
      Anybody have any concerns?
    • Lyle Solla-Yates
    • 00:40:21
      I only have one about C8.
    • 00:40:23
      It looks like this is a time-sensitive loophole.
    • 00:40:27
      This is in tier 3.
    • 00:40:30
      If this is time-sensitive and it is a substantially important loophole, I'd suggest that, complicated or not, we need to get it done.
    • 00:40:39
      This is the one that existing building exists now so therefore I can build a second home now.
    • Matt Alfele
    • 00:40:49
      That is a good discussion.
    • 00:40:51
      The reason we have it on tier 3 is because yes we recognize it is a loophole but we do not know what date we would want to use and so we're
    • 00:41:06
      We would be comfortable if Planning Commission feels there is a date they wanted to move this up to tier two, had some feedback.
    • 00:41:14
      The one thing I would just caution is if staff starts to feel or starts to get a lot of, what are we hearing from the community, what are we hearing from the community, our reaction is gonna be, okay, this needs to drop back down to tier three so that we can actually hear from the community.
    • SPEAKER_02
    • 00:41:29
      Give the date in the line.
    • Lyle Solla-Yates
    • 00:41:37
      Sure.
    • 00:41:38
      I've got two ideas.
    • 00:41:40
      One is, as the consultant suggested was my understanding, was when the ordinance was adopted, that's the date.
    • 00:41:49
      If it existed at that time, it exists.
    • 00:41:52
      My other one is a little bit more future proof, which is if it's five years old since certificate of occupancy, it exists.
    • Matt Alfele
    • 00:42:02
      And I can't remember.
    • 00:42:03
      I'd have to look in to see how long we keep certificate.
    • 00:42:05
      We don't keep them indefinitely.
    • 00:42:07
      They do get purged.
    • 00:42:09
      Is it five years?
    • 00:42:09
      OK.
    • 00:42:14
      We're taking notes, by the way, just because you're not seeing me.
    • 00:42:15
      I have carries in the back taking notes.
    • 00:42:18
      All right.
    • Hosea Mitchell
    • 00:42:21
      Is there anything else you guys would like to add?
    • Rory Stolzenberg
    • 00:42:26
      I think my general thought on sea items is that some of them do seem like they might elicit a bunch of feedback from the public.
    • 00:42:34
      Others are just sort of complicated, like that one in a way where we sort of need to talk about them, but that it's not something that I would imagine most members of the public are going to have strong feelings about.
    • 00:42:47
      You know, things, maybe athletic field lighting is a bad example.
    • 00:42:51
      Things like mid-block pedestrian pathways
    • 00:42:55
      I would think with something like that, or something like the existing structure preservation, if we had encountered this problem in mid-2023, we would have had a five to 10-minute discussion about it at work session come up on an answer, and probably no one would have commented on it.
    • 00:43:15
      That's not all of these items, but it's definitely a fair chunk of these items.
    • 00:43:19
      And I wonder if there's a way to sort of
    • 00:43:21
      You know, make a 3A and a 3D with a more expedited process for some of them.
    • Matt Alfele
    • 00:43:30
      I think there's an opportunity if you feel there is agreement in this body, if there's certain things you would like to move up from tier three to tier two, but then there's also the possibility if you feel some of these tier three are more important as the work plan gets going, that these should be looked at as priorities in next year's work plan.
    • 00:43:56
      So there's kind of two ways, I think, to look at that.
    • Hosea Mitchell
    • 00:44:03
      Is there anything else as it relates to these being in the right category?
    • Carl Schwarz
    • 00:44:12
      The one about the townhouse, the example you had for zero lot lines or whatever.
    • 00:44:23
      The massing versus height?
    • Matt Alfele
    • 00:44:29
      We talked about the townhouse effect.
    • Carl Schwarz
    • 00:44:30
      No, B1, I think.
    • 00:44:33
      You were making the alternate form?
    • Matt Alfele
    • 00:44:35
      Yes, the four foot.
    • Carl Schwarz
    • 00:44:37
      So I'd love to see that stay in tier two, but I feel like that's going to really take some discussion.
    • 00:44:43
      I'm trying to understand how you're, yeah, I'd like to know more about that one.
    • 00:44:47
      Certainly.
    • 00:44:47
      I could spend some time on that, and I'm worried that that one
    • 00:44:52
      I'd love to see all of these day, you know, not get bogged down in tier three, but that one I do think we need to talk about.
    • Matt Alfele
    • 00:44:58
      Certainly, I can give kind of the example being in the R districts, there is a four-foot.
    • 00:45:04
      So one of the key differences between our old code and our new code, types of dwelling went away.
    • 00:45:09
      They're no longer this
    • 00:45:11
      this regulatory framework of single family detached, single family attached, two family, multifamily.
    • 00:45:19
      That terminology is gone.
    • 00:45:21
      Under the new code, it is all just about units and the number of units you can put on your parcel.
    • 00:45:27
      So under the old code,
    • 00:45:30
      You had the most common types of attached dwellings were two family, which was two units on one piece of, on one parcel, no property line splitting them.
    • 00:45:41
      And then single family attached were two units, but they shared a common property line.
    • 00:45:47
      Under our current code in our districts, you have a four foot side setback.
    • 00:45:52
      So by code you were prevented from having two
    • 00:45:57
      The alternative form we're proposing is right now the only alternative form we have I believe in the code is the shopfront.
    • 00:46:09
      This would allow the alternative form to, so you're coming forward and saying I want to allow in the art districts
    • 00:46:16
      I want to have two units that have a shared property line.
    • 00:46:18
      So this would allow that by removing the forefoot, but all of the regulations stay the same.
    • 00:46:23
      All your transparency, your entry features, all those.
    • 00:46:31
      And I will say this kind of goes to the other thing with time when we get into some of these tier three.
    • 00:46:39
      Even though we've come to what we think works for the alternative form, that has been a lot of discussion, a lot of internal staff meeting on what is the best way to get this form that we know we want as a community.
    • 00:46:51
      We don't want to make everyone build a single family or multi on one lot or have to conduit.
    • 00:46:59
      So that's been kind of the driving.
    • Carl Schwarz
    • 00:47:01
      And that completely makes sense.
    • 00:47:04
      So when I looked at your example, you had like an 80% lot coverage for it.
    • 00:47:09
      And that's significantly more than anything in the A, B, or C. So I don't know where those get set.
    • 00:47:20
      Looking at it quickly, it seemed like you could set up a series of townhouses, which to me, townhouses are great, we'd like to have townhouses.
    • 00:47:31
      Disregulation seems to allow a whole block of them versus I think it seems like you'd be getting more building mass than we would have before so it just seemed like more of a discussion needed to happen.
    • Matt Alfele
    • 00:47:41
      I will say that discussion has kind of happened.
    • 00:47:43
      This is an older draft.
    • 00:47:45
      We just ran out of time.
    • 00:47:46
      The newer draft talks about still having an attached one of your sides being attached.
    • 00:47:54
      The other has to be four so that it prevents having a lot that has zero on both sides.
    • Carl Schwarz
    • 00:47:59
      OK.
    • 00:48:00
      That makes sense.
    • 00:48:02
      So I guess are we going to see that draft at our planning commission meeting when we're
    • Matt Alfele
    • 00:48:08
      Yes, I mean when we'd come forward with a public hearing we would have this all our final.
    • Carl Schwarz
    • 00:48:16
      So my concern is that when that finally comes to us we're probably going to debate it then?
    • 00:48:23
      This is where I'm going with it.
    • 00:48:24
      I feel like this is an item that we probably need more time to, now I'm wasting our time talking about it, but it feels like we do need some time to dig into it as a planning commission as well.
    • 00:48:32
      So I don't know if there's another opportunity somewhere in between now and when we vote to approve the amendments to have a chance to look at that again.
    • Matt Alfele
    • 00:48:44
      I would need to sit down with Missy to figure out the schedule.
    • 00:48:50
      Everything you're saying is very valid but we do run into just there's some logistics that just tends to eat away at our time and we end up pushing out things we don't want to but we definitely can.
    • 00:49:01
      I mean I'm definitely open to trying to see if we want to have a
    • Carl Schwarz
    • 00:49:06
      You got something, Rory?
    • Rory Stolzenberg
    • 00:49:36
      Yeah, thanks.
    • 00:49:37
      I just wanted to jump in because I also had in my notes to discuss B1.
    • 00:49:43
      I think this alternative form approach seems maybe like it could be a little bit cumbersome, particularly since the alternative form proposed has almost every dimension except for the side lot line deferring to the districts.
    • 00:50:07
      And so I wonder, and this is sort of getting into the substantive discussion that Carl was talking about, if maybe an easier or more elegant way to do it would be simply to say that the side lot line may be reduced to zero if the other lot is part of a common plan of development.
    • 00:50:28
      And that suggestion aside, I do think, you know, as you kind of refine this approach, especially consider continue with the alternative or the alternative form method, you know, I think a lot of sort of
    • 00:50:46
      preferences, policy preferences kind of get baked into how you design it.
    • 00:50:52
      You know, things like, should it be allowed on one side or both?
    • 00:50:57
      And, you know, that does seem to me like something that would be appropriate for sort of an open discussion among the planning commission and probably council as well.
    • 00:51:07
      So, again, I hate to kick it to sea, but I kind of agree with Carl that it's a bigger or complex item.
    • Carl Schwarz
    • 00:51:24
      Have the sublots been completely unworkable?
    • Matt Alfele
    • 00:51:28
      It's kind of the workaround, but the problem, one of the things, too, that we're trying to consider in this, too, is not just what's being built, but what's already been built.
    • 00:51:37
      There is a nonconformity issue that the current code is making a lot of the city nonconforming based on just that removing by violating the four-foot side setback.
    • 00:51:48
      And then you have, you know, you have owners that are not in common development that are sharing those lot lines that we're also trying to consider.
    • 00:52:02
      It is complicated.
    • 00:52:04
      There's been a lot of discussion on this with staff, too.
    • 00:52:07
      It seems pretty straightforward, but it is.
    • 00:52:09
      Well, no, it doesn't seem straightforward.
    • Carl Schwarz
    • 00:52:10
      And I'm sure you guys are, I mean, I don't even want to know what's going on behind the scenes.
    • 00:52:15
      OK, just curious.
    • Lyle Solla-Yates
    • 00:52:19
      I'm sorry, I must weigh in on B1.
    • 00:52:23
      So the side lot setbacks has been a challenge forever.
    • 00:52:30
      And we used PUDs to kind of, you know,
    • 00:52:33
      Awkwardly stumble around this in the past, which is why we had so many PUDs.
    • 00:52:41
      Stepping back, the building code does require fireproof materials if you are within that boundary.
    • 00:52:51
      Are we just trying to solve something that is already existing in the building code?
    • Matt Alfele
    • 00:52:58
      This was a long debate during the actual development code adoption.
    • 00:53:02
      The building code does not line up with the side setback.
    • 00:53:08
      I can't remember that number off the top of my head.
    • 00:53:11
      I knew it was off.
    • 00:53:17
      Staff had made the argument about keeping it consistent.
    • Carl Schwarz
    • 00:53:26
      So to be clear though, the five feet is, you can have five feet away from the property line and you don't have to have any sort of protection.
    • 00:53:33
      If you go less than that, you just have to have more of a protected wall.
    • Matt Alfele
    • 00:53:36
      Correct.
    • 00:53:38
      Yeah, it's still, even the fire protection though, it doesn't get away from the physical separation from the boundary is the issue.
    • Hosea Mitchell
    • 00:53:53
      All right, I think we're ready to move on to B. Is there anything that staff is wanting to do that we don't want any amendments we'd like them to mess with?
    • 00:54:04
      Changes.
    • Lyle Solla-Yates
    • 00:54:14
      I have a couple.
    • 00:54:17
      I don't have the number for it, but the site triangle issue, it really depends on implementation.
    • 00:54:24
      If this is being done in the sort of NACTO guidelines, best practices of being based on intended speed, not on 85 percentile, and combined with management of tree canopy, signage, poles, all that stuff, to create a more consistent triangle,
    • 00:54:44
      I think that's great and necessary.
    • 00:54:46
      If we're talking about like federal highway guidelines to do like a super triangle, that's gonna kill every single corner lot in the city.
    • 00:54:56
      So I'd say caution, caution, caution.
    • 00:54:59
      on that one.
    • 00:54:59
      But the safety stuff I strongly agree with.
    • 00:55:02
      And actually, I think that may solve some of our fence troubles, because the fence is a side triangle issue.
    • 00:55:09
      B13, parking lanes.
    • 00:55:11
      I hear what the transportation folks are saying.
    • 00:55:15
      I disagree with them.
    • 00:55:17
      I'm good with making it as a recommendation.
    • 00:55:19
      But this is not public property.
    • 00:55:21
      This is not a public throughway.
    • 00:55:22
      I don't see the value in mandating the same guidelines for off-street parking.
    • Carl Schwarz
    • 00:55:50
      I did all of my notes as comments on each of these.
    • 00:55:57
      B.4, lots of one dwelling units, you don't have to bribe street facing entries.
    • 00:56:03
      I'm not sure what the problem is with why we want to delete that.
    • 00:56:09
      Maybe we change it so that they have to provide street-facing entry features, but I've done enough Habitat houses on tight lots that they have to enter from the side, but they have a front porch that you can access from the front.
    • 00:56:25
      For single-family houses, it seems a little silly to dictate that the front door has to face the street, as opposed to having sort of an entrance that faces the street, if that makes any sense.
    • 00:56:39
      Let's see.
    • 00:56:41
      Are we going to have a point to comment on some of these?
    • 00:56:45
      Not that I want to remove them or add some, but that I want to modify and kind of do that later?
    • Hosea Mitchell
    • 00:56:49
      Yeah, we'll answer the question, too.
    • 00:56:51
      We'll come around.
    • Carl Schwarz
    • 00:56:51
      Got it.
    • 00:56:58
      Definition of finished grade, I'm a little confused by that one as well because it seems that grade is measured wherever the code tells you to measure.
    • 00:57:09
      It doesn't have to be measured at the building footprint or a certain location.
    • 00:57:14
      The section of the code tells you where to measure it from.
    • 00:57:17
      So we've got, for example, section 2.10.14D, Fences and Walls, it says
    • 00:57:31
      That point says grade.
    • 00:57:32
      It should say finish grade.
    • 00:57:37
      Sorry, that's confusing.
    • 00:57:41
      The code tells you where to measure the grade.
    • 00:57:44
      Is it at the sidewalk?
    • 00:57:45
      Is it at the street?
    • 00:57:46
      Is it at the building footprints?
    • 00:57:47
      I don't know that we need to actually have a
    • 00:57:52
      I'm not sure there needs to be any more definition for finished grade if that makes any sense.
    • 00:57:56
      Let's see.
    • 00:58:02
      One thing I do want to add, just as a formatting note, I would love it if, so the bookmarks, maybe I need to re-download the thing, but we've got two
    • 00:58:13
      It seems like we duplicate the bookmarks and then the second set of them is more detailed and it would be nice if we could get rid of the first set of them.
    • 00:58:21
      Does that follow for anyone that's used this yet?
    • 00:58:26
      If I'm on the PDF and I look at the bookmarks, Division 2, it's got
    • 00:58:35
      Division 2.10 rules for zoning districts and there's no breakdown of that.
    • 00:58:39
      But then if I scroll down through the bookmarks over the bottom there's a whole other set of them and there it breaks down 2.10 to a bunch of different levels.
    • 00:58:47
      So it'd be nice if that formatting could be fixed so that people know that there's actually a easier way to navigate through this PDF.
    • 00:58:57
      I would also love it if there was a
    • 00:59:01
      like at the bottom of each page or even at each section bullet.
    • 00:59:09
      If it indicated what the actual division is.
    • 00:59:12
      So some of these divisions are kind of long.
    • 00:59:14
      So you get kind of further down through them.
    • 00:59:17
      And I'm trying to cite what section I'm looking at.
    • 00:59:20
      And I don't remember if it's 3.4.4.
    • 00:59:22
      I have to scroll back three pages to find what section I'm at.
    • 00:59:26
      So if there's some way to insert that on each page, or if instead of when you get down to the sub bullets, if you just have the full section number instead of just lowercase b or something.
    • 00:59:39
      Does that make sense?
    • 00:59:40
      I know it's lengthy, but it's really been a pain in the rear trying to cite portions of this code.
    • 00:59:47
      So that's one thing I'd like to add.
    • 00:59:51
      I think that was it for sections to delete as well.
    • Rory Stolzenberg
    • 01:00:05
      Yeah, a couple comments on that.
    • 01:00:07
      I agree with Lyle about B13, the vehicle access.
    • 01:00:11
      I couldn't actually find where in the SADM it talked about private parking drive aisle design.
    • 01:00:20
      I see that in the comments it says, you know, fire has a problem with it.
    • 01:00:25
      But if it's not a fire access lane, I guess I'm not sure I understand why
    • 01:00:31
      It's important to fire.
    • 01:00:33
      And generally, I agree that we shouldn't be dictating and especially dictating more space required for parking on a private lot that the public isn't going to use anyway.
    • 01:00:49
      I think in B-15, it talks about the RC height bonus for affordable housing.
    • 01:00:57
      I strongly disagree that it should be subject to the 50% AMI requirement.
    • 01:01:02
      I don't think that's in line with the intent that we had when we introduced that bonus.
    • 01:01:08
      I think it should be just the standard, you know, the same as the rest of the affordable bonus in RC.
    • 01:01:17
      I agree that there should be a section to clarify that.
    • 01:01:19
      That seems reasonable.
    • 01:01:24
      And then
    • 01:01:27
      I guess for B27, that's the canopy years thing.
    • 01:01:32
      I'm not sure if this is a request for removal, but I'm a little confused how we're saying that we're allowed to keep it as is if state code says 20 years for everybody except for Williamsburg.
    • 01:01:50
      Oh, and I agree with Carl on a lot of the usability things.
    • 01:01:55
      I like the idea of a, you know, section 2.8.2 continued, if you're several pages down.
    • 01:02:02
      I'd also add, it seems that a new version was uploaded in roughly November based on the document properties, and a lot of the bookmarks and internal links
    • 01:02:13
      All right, let's go to seat.
    • Hosea Mitchell
    • 01:02:39
      And once again, we're going to go through A, B, and C. We're going to go around just for general comments.
    • 01:02:45
      But the question at sea is, did NDS miss anything?
    • 01:02:50
      Are there any additional amendments we'd like that they have not outlined in the document?
    • 01:02:57
      Rory?
    • Rory Stolzenberg
    • 01:02:59
      Yeah.
    • 01:03:03
      Sorry, I missed one for removal.
    • 01:03:05
      On C11 special exceptions, there's two things there.
    • 01:03:09
      Adding locational changes seems very reasonable.
    • 01:03:12
      Removing all rules for zoning districts 2.10 from special exceptions, I think is very premature.
    • 01:03:20
      It seems that most of the things that have come up so far are related to that.
    • 01:03:25
      And that's sort of the relief valve we have for a lot of
    • 01:03:29
      Those form-based things that we don't fully understand yet.
    • 01:03:34
      I could see doing it eventually, but not in the next year or probably two or three.
    • 01:03:39
      But then actually on this item, something I think we could add, it seems like build to width has become a very tricky sort of issue.
    • 01:03:54
      You know, I wrote most of a memo in 2023 about how it applies to certain lots
    • 01:04:03
      Basically, say like a 105 foot lot, right, where the build to width is capped at, or is required to be 65%, the building width is required to be no more than 60 feet.
    • 01:04:19
      And you get into this weird situation where there's no way to meet both of those.
    • 01:04:25
      and you know if you read the build to width section down on let's see now finding Carl's problem 2.10.6.a.3.a.4
    • 01:04:47
      It says, once the minimum build to width requirement has been satisfied, buildings and structures may occupy the area behind the maximum building setback.
    • 01:04:57
      And I think that can be read in either in one of two ways.
    • 01:05:01
      One is a very basic, like explaining that this is what build to width is, and that once it's fully satisfied, you can do it elsewhere.
    • 01:05:09
      And the other is,
    • 01:05:11
      Until you hit the build to width, you can put down buildings in the build to area between the minimum and maximum setback and it doesn't have to fulfill to fill the entire width.
    • 01:05:24
      It's just that you can't put buildings outside of it until the width is filled.
    • 01:05:29
      That would alleviate that problem.
    • 01:05:31
      That's why I stopped writing my memo in 2023.
    • 01:05:33
      But rethinking it, I think it's that sort of narrow or weak version of that claim.
    • 01:05:40
      And I think that's how it's being enforced, which makes Bill 2 with this really tricky problem where we're capping maximum widths and we're requiring a ton of Bill 2 width.
    • 01:05:51
      Almost every lot in the city has become nonconforming.
    • 01:05:55
      And it just seems like
    • 01:05:58
      A big issue that's come up in a lot of applications probably, but also in sort of normal people trying to put a shed in their backyard or even an extra unit in their backyard where they're going to require a special exception because their existing house
    • 01:06:14
      So what else did we miss?
    • 01:06:14
      That was for you, Rory.
    • 01:06:48
      Um, I'm not sure that I have anything else.
    • Hosea Mitchell
    • 01:06:55
      Betsy, let's get you in before we lose you.
    • Betsy Roettger
    • 01:06:59
      Yeah.
    • 01:07:00
      Um, I guess I had a question on the active death came up a couple times.
    • 01:07:06
      I'm trying to
    • 01:07:13
      Oh, it was in relation to parking garages, in a way.
    • 01:07:18
      It just seemed like it was popping up in a couple different places.
    • 01:07:25
      And maybe even fences.
    • 01:07:27
      I mean, could be, you know, you could have like the example of the one with the coffee shop, the one that we looked at on the corner of East Jefferson and
    • 01:07:42
      You know, the idea of a cafe having a fence being active versus a solid fence, you know.
    • 01:07:49
      So I guess I just wondered if all the discussion about what that active wall would be maybe comes together rather than be in different tiers.
    • 01:08:00
      Is that right?
    • Matt Alfele
    • 01:08:01
      Let me look at where the other one is.
    • Betsy Roettger
    • 01:08:04
      Sorry, I didn't want to lose where I hit.
    • 01:08:09
      Well, I guess it's, yeah, the description of fence and then we're down here and we're in the active depth, you know, what's happening on either side.
    • 01:08:18
      You know, there just seems like there could be some making sure that they're all working together in the way they're described because there's some that were by use and some that are by, you know, material.
    • Matt Alfele
    • 01:08:41
      Do you have a number, like a B or a... Oh, I thought I did, but I can't remember.
    • Betsy Roettger
    • 01:08:48
      You can skip me and come back.
    • 01:08:49
      I can look at it again.
    • 01:08:51
      But I remember looking at it thinking that this was coming up, this idea of where we wanted activity
    • 01:09:02
      whether it was active depth or walls or fences.
    • 01:09:07
      It was asking similar questions across.
    • 01:09:11
      Well, one was the C16.
    • 01:09:30
      Maybe the other ones are just looking at a fence, needing a better definition of a fence, because there are active fences like we see along cafes or places where they're just designating, well, so that you don't fall into the street.
    • 01:09:49
      But also, it's not for a site.
    • 01:09:52
      It's not to block site versus a fence that is to block a view.
    • 01:09:59
      so I just thought maybe those shouldn't be separate things like the idea of the active depth and what you want to see to me relates to the fence because oh here the parking structures too wherever that went it was talking about how on the ground floor there's different
    • 01:10:20
      okay so B-24 active space talking about what's habitable space residential commercial and then I'm looking for the one about parking but it seemed like it was asking the same question there so the I believe it was so B-24 about you know better defining our active depth because we had this active depth requirement of 9 feet
    • Matt Alfele
    • 01:10:46
      It was just saying that that and then there the I believe the tier three was more on there was this just a broader question of parking garages are allowed But there's also this active depth requirement and how do we want to address that?
    • 01:11:00
      So I think we were we were just thinking of is we could maybe address active depth and tier two is in the broad terms but this this idea of trying to have the
    • 01:11:12
      you know the parking garage very similar like Water Street where you have you know in theory of active depth but a lot of the district's active depth is the whole facade up and so that would mean pushing your parking back that nine feet once you got above the first floor.
    • Betsy Roettger
    • 01:11:31
      That was more just a question where it was like a theme that seemed to be repeating between different
    • 01:11:41
      It is all connected.
    • 01:11:45
      I will say just one of the lenses that we are looking at through this is we
    • Matt Alfele
    • 01:12:10
      what we can actually get done in a reasonable time.
    • 01:12:13
      So that's why some things that might be, oh, that's interesting, but might be on tier three is because we're like, yeah, this might involve a lot of discussion, so we push it down a little so we get that discussion and get that community engagement.
    • Betsy Roettger
    • 01:12:26
      And maybe some of that will be helped by reinforcing the Tier 2 discussions could help the Tier 3 when we come to those kinds of decisions that kind of touch many different areas.
    • 01:12:43
      Maybe that will help when it comes to looking at parking garages.
    • 01:12:47
      Definitely.
    • 01:12:49
      That's all.
    • 01:12:50
      I had the same questions about the B1
    • 01:12:55
      Knowing that we would like attached units but not clear if this is what, you know, just wanting to talk through that some more.
    • 01:13:10
      I think that's all.
    • 01:13:10
      I was excited about some of the things to do with alleys and parking that was down in tier three that is going to need some more research.
    • 01:13:22
      But I think it's important probably to clarify what's actually legal and available as people are looking at some of these spaces.
    • 01:13:33
      Yeah, I think that's it.
    • Danny Yoder
    • 01:13:37
      All right, I've got some questions.
    • 01:13:41
      I saw on the slide that one of the things you're going to evaluate or re-evaluate is the RNA district, but I don't see it in the table of items.
    • 01:13:49
      Is that, am I missing it or is that intentional?
    • Matt Alfele
    • 01:13:55
      It should be in tier three if it's if it made the it's it's definitely been on the radar because it was the the RNA came out of the sensitive neighborhoods from the conference of plan but the year there was not a lot of
    • 01:14:17
      There might need to be more thought into it than what we put into it when we initially adopted the code
    • Danny Yoder
    • 01:14:31
      So some things that are not here that I guess I'm curious where they are in the department's thinking is you know commercial uses in our districts that's something that I know when I think the zoning code passed it was like a discussion before it passed maybe I forget if it was in in some draft but
    • 01:14:52
      I think there's been talk about at some point we should look at this and kind of understand what might be appropriate.
    • 01:14:58
      Is there a reason why that's not in tier three or is that something you're kind of looking at at a longer time frame?
    • Matt Alfele
    • 01:15:08
      No, it probably should be.
    • 01:15:09
      I think the reason it's not there is because it's actually been placed in the NDS work plan.
    • 01:15:16
      And so there are some things in there, like the small area plans, that aren't in the Tier 3 because they already were captured there.
    • 01:15:22
      But I would be happy to put it in just so we're making sure we're capturing it.
    • Danny Yoder
    • 01:15:26
      I see.
    • 01:15:26
      OK.
    • 01:15:27
      I have seen that on the NDS work plan, I guess.
    • 01:15:30
      Yeah, I guess I didn't quite understand how that interacts with this table.
    • 01:15:33
      So that's helpful to know.
    • 01:15:39
      And then this is maybe just more of a comment for, you know, down the road when you're getting more into the detail of looking at these tier three items.
    • 01:15:47
      But I think it'd be helpful for us to understand how some of these things in the zoning code that you're evaluating, what their impact has been on overall development.
    • 01:16:02
      For example, we have affordable dwelling unit requirements over a certain number of units.
    • 01:16:10
      What's the before and after picture of a lot of the stuff?
    • 01:16:16
      Have we seen a change in the number of affordable units built?
    • 01:16:20
      Have we seen a change in the number of market rate units built?
    • 01:16:25
      Another one I'm curious about is, and I know this isn't in this
    • 01:16:30
      The list of the three tiers, but we eliminated parking requirements.
    • 01:16:35
      I'm very curious to know if developers are building the same number of parking spaces per unit, more or less.
    • 01:16:43
      So I guess my questions and comments are a little bit more down the road for when you are getting into your evaluation of some of these more substantial things.
    • 01:16:56
      So let me just look at my notes real quick.
    • 01:17:05
      I'm going to pop back real quick to Lyle's comment on
    • 01:17:12
      B-13 maximum language and how they're in contradiction apparently of the fire code and standards of design manual.
    • 01:17:22
      I guess I'm wondering if there are certain things that are already regulated by other standards that we have, do we really need to regulate them in the zoning code?
    • 01:17:32
      That's just a general comment about that in particular, but other things that come up as well.
    • 01:17:41
      I think that's all I have for now.
    • Carl Schwarz
    • 01:17:48
      You all got my email, so I guess I can spare us.
    • 01:17:53
      I don't need to read through that, right?
    • Matt Alfele
    • 01:17:55
      Yes, and we're working on responses.
    • Carl Schwarz
    • 01:17:59
      Those were my additions.
    • Lyle Solla-Yates
    • 01:18:03
      In terms of what I'm hearing from the public, I hear sort of two sides of the same coin, which is, oh god, how do we not build affordable housing?
    • 01:18:12
      It's so expensive.
    • 01:18:13
      And oh god, we need affordable housing.
    • 01:18:15
      How do we build more?
    • 01:18:17
      So I'm very interested to get an understanding of how well our inclusionary zoning ordinance is doing in providing the affordable units we need and any tools that we can provide to tweak those numbers to get more on the ground.
    • Matt Alfele
    • 01:18:33
      I will say OCS is working on that.
    • 01:18:39
      From the development side, what I can tell you is we're having a lot of conversations, but the applications we're getting are four units, six units.
    • 01:18:52
      I know what I've told this body before in the past.
    • 01:18:54
      We're going to see a lot of units come online in the next few years.
    • 01:18:57
      But those are all legacy projects.
    • 01:18:59
      We're still going to be dealing with our legacy projects for years with the bulk of the units we see come online in the next three to four years.
    • Hosea Mitchell
    • 01:19:12
      Great.
    • Betsy Roettger
    • 01:19:34
      I think maybe that maybe some of the things that we were saying could move from two to three or needed more discussion like I think it was at least the B one I heard maybe and maybe looking at the number of you I mean that's probably a tier three is looking at the affordable housing but because we can we can control our own
    • 01:20:01
      in a way, right?
    • 01:20:02
      We always have the second Thursday.
    • 01:20:04
      I mean, maybe those are things that we could flush out more or even invite people in to discuss in terms of the number, you know, the bonuses and, you know, in the tier three.
    • 01:20:24
      I think you know some of these will move through the year and they all you know they make sense to clarify but some of the bigger issues that are moving to tier three that might not be as publicly you know the like changing the RNA or you know need as much outside comment you know why not
    • 01:20:48
      bring in a couple developers, you know, I don't know, just like have a work session about some of these topics like the attached unit or, you know, are the bonuses, the numbers of affordable units getting built or, you know, are there hesitations or, you know, you just purposely go one down and build all you can until you avoid that bonus.
    • 01:21:11
      So maybe somewhere through the year, if we can, as a
    • 01:21:16
      Planning Commission kind of like say, hey, today this is what we want to talk about.
    • 01:21:20
      And maybe we can get some other input, invite people to come and discuss some of this that have been trying to use the new code so that we're not having to ask through NDS, but just sort of have a discussion with some developers or affordable housing providers.
    • 01:21:43
      Anyway, that's all.
    • 01:21:44
      It's just if we could maybe keep some time open to go in more in-depth on one of these so that when we sit here and brainstorm about the language, maybe we help choose a couple that we could knock off the list if we need more discussion.
    • 01:22:00
      I really am.
    • Hosea Mitchell
    • 01:22:00
      I think you're on to something.
    • 01:22:01
      I think a conversation with the PHAs and the
    • Betsy Roettger
    • 01:22:21
      As this list moves forward maybe there's something that we're all totally missing.
    • Danny Yoder
    • 01:22:28
      I guess one more thing.
    • 01:22:30
      I think on the public engagement front, I know there was talk about starting some small area plans in the near future.
    • 01:22:37
      I think that would be a great opportunity to kind of hear from people about some of these things in tier 3.
    • 01:22:44
      If you're going to be doing engagement, especially in a neighborhood with lots of RNA parcels, you could get feedback directly from people at the same time as doing your small area plan.
    • Rory Stolzenberg
    • 01:23:01
      Sorry, I can't quite hear you, Hosea.
    • 01:23:03
      Can you hear everyone else?
    • 01:23:05
      But I think I agree with Betsy.
    • 01:23:09
      I think what would really be helpful is for us to have a work session similar to those in mid-2023, where we just go through each item one by one, maybe not the A's,
    • 01:23:25
      and maybe not the bees until language is drafted.
    • 01:23:28
      But I do think a lot of these things can be knocked out with just a little discussion.
    • 01:23:34
      And maybe that discussion might say, wait, wait, this is something that we should get input on.
    • 01:23:39
      And we can, in advance of that discussion, solicit input from practitioners, from architects and developers and affordable housing providers.
    • 01:23:49
      I think I have heard that they may have already written memos.
    • 01:23:54
      along those lines, but I think you know I worry that we are going to get into a trap where before changes to the code were very difficult to do and it was the code and any change required a ton of debate and deliberation and a year of process and you know in when we were crafting this code we were doing it much more efficiently you know it was not already adopted
    • 01:24:22
      We were finding and knocking out problems in a meeting where we would go through several dozen items at once, most of which were fairly minor and very technical.
    • 01:24:33
      And most of the public isn't going to be worried about one way or the other.
    • 01:24:37
      And I worry that with this process laid out, a lot of things that could be accomplished and fixed through that sort of process will end up taking a very long time.
    • 01:24:51
      I'm
    • 01:25:07
      do, I think, require public input.
    • 01:25:10
      But there are many things in C that seem very technical that might need a discussion to figure out what the right approach is but are not highly controversial or highly salient for the public items.
    • 01:25:25
      And I would like to keep things that will require extensive public engagement to those that the public will actually care about.
    • Michael Joy
    • 01:25:43
      Again, I'd love to contribute more comments, but I think given the situation, I don't think it's in the universe interest to dictate how the city mandates its zoning code, so I'm going to refrain from any comments.
    • Carl Schwarz
    • 01:25:57
      I've got a bunch of comments on some of these items themselves, so I can try to be really fast with that.
    • 01:26:01
      Yeah, please.
    • 01:26:02
      So B14, talk about the fences, the issue with the deck railings that we had.
    • 01:26:09
      I feel like this could actually be really simple, and we either just exclude guardrails that are required by code, or we measure the fence from the floor surface, and everywhere we allow fences up to 42 inches in all districts, which I think would also solve the issue with the
    • 01:26:24
      ABC barriers because if you're allowed a 42 inch high fence, I think that satisfies any sort of ABC concerns.
    • 01:26:34
      We also have section 210 14 D 1C that says when a guardrail is required on top of retaining wall, the guardrail is exempt from the maximum height measurement.
    • 01:26:44
      I feel like we can just use that same logic for guardrails on elevated surfaces such as a deck.
    • 01:26:49
      But personally, I would just allow fences up to 42 inches everywhere, and that just solves the problem.
    • 01:26:57
      Let's see.
    • 01:26:59
      You've got B-17.
    • 01:27:02
      Existing streetscapes determined to be in good condition by the administrator can be used to comply with the clear walk zone and green scape zone.
    • 01:27:10
      Your comment says comply with all standards confusing, interpreted to mean the standards within 445D.
    • 01:27:17
      There are no standards in 4.4 or 5.0D, so I'm not really sure what you guys are trying to get at.
    • 01:27:23
      But it does feel like you have a problem for sure.
    • 01:27:26
      There needs to be some sort of
    • 01:27:28
      Standard or something for the developer to comply with if they're not going to provide the streetscape zone as mandated by the code.
    • 01:27:43
      But yeah, I'm confused by what you're trying to say in your suggested fix.
    • 01:27:51
      B21, Fence Type X, Fences Around Outdoor Storage
    • 01:27:59
      And I'm just curious, does this want to be a fence, or does it want to be a landscape buffer?
    • 01:28:05
      Because I think you've got landscape buffers with types.
    • 01:28:07
      I don't think we have fence types.
    • 01:28:10
      And I'm not sure that if you've got a storage yard adjacent to a street that would normally only be allowed to have a four-foot fence, I don't think we want to mandate a six-foot fence right there.
    • 01:28:21
      Maybe that's a more complicated discussion than I'm understanding.
    • 01:28:25
      I already talked about grade.
    • 01:28:30
      active space.
    • 01:28:34
      Instead of defining what active space is, would it be easier to define what we don't want within a certain distance of the facade?
    • 01:28:41
      It seems like the big thing is just parking.
    • 01:28:44
      But I get a little worried that we seem to also not want storage.
    • 01:28:49
      But does that mean you can't have a closet?
    • 01:28:52
      It seems like you need to either have, if we can't have storage, it has to be
    • 01:28:56
      over so many
    • 01:29:14
      We throw out active space.
    • 01:29:16
      That's kind of radical, but this active space thing is becoming a really big pain in the rear for anybody.
    • 01:29:24
      It might be more important just to define what that exterior wall is and how much transparency there is.
    • 01:29:29
      And unfortunately, we may be looking into garages, but at the same time, we're having developments that can't be built because they can't build the garage they need.
    • 01:29:42
      The B-26, I'll let you guys figure that one out.
    • 01:29:49
      I'm wondering if maybe instead we just need a process that combines lots that have different zoning designations into one, and maybe there's some process to say what that
    • 01:30:00
      Big zoning designation should be, but that's beyond me.
    • 01:30:05
      Finally, Lyle talked about this earlier, the existing structure preservation bonus and time frame.
    • 01:30:12
      I agree, I think we should just use Code Studio's recommendation.
    • 01:30:16
      That seems really simple and we can pull this out of tier three.
    • 01:30:22
      That was the one that stating what an existing building is how long ago it has to be built and just using the date of the code I think is a that seems like a perfectly good cutoff Yes, that's it for me
    • Lyle Solla-Yates
    • 01:30:46
      You know I've just been looking into fences.
    • 01:30:49
      The planning.org has of course put out a very long explainer about what a fence is and what it means and what it means to all of us, which of course has a lot of conflicts stating that for one thing you don't need to define it and also it's been heavily defined.
    • 01:31:03
      Perfect.
    • 01:31:04
      I like Philadelphia's definition, an unroofed barrier or unroofed enclosing structure including retaining walls.
    • 01:31:12
      I would suggest that we not reinvent the wheel on this.
    • 01:31:15
      If we could make this simple and move forward, I think that's fantastic.
    • Hosea Mitchell
    • 01:31:22
      So I do appreciate that the counselors are very busy and I do appreciate that they wanted to cut down on a number of meetings that they're having
    • 01:31:33
      but it worries me a little bit that they're going to be taking a look at this stuff without actually having met with us to talk about it and I think you and Carl negotiated a bit of a compromise and you make sure that they got all the feedback that we outlined but
    • 01:31:51
      I think that it would be wonderful if the June 16th meeting could be a joint session.
    • 01:31:56
      And if it can't be a joint session, it would be good if we showed up to speak if we were given an opportunity to speak at that meeting.
    • 01:32:21
      All right.
    • 01:32:24
      The bottom line of my point is I think we need to get in there here.
    • 01:32:28
      We as the commission somehow.
    • 01:32:30
      All right.
    • 01:32:37
      Matt, have you gotten what you need?
    • Matt Alfele
    • 01:32:40
      Yes, I appreciate all the feedback.
    • 01:32:43
      We've been catching it and be evaluating it, how this can work into what we're doing.
    • 01:32:48
      I think we're in a good direction.
    • 01:32:50
      I think staff just wants to make sure we're moving some stuff forward.
    • 01:32:55
      I think once we set a precedent of bringing some stuff yearly, I think the process will get easier.
    • 01:33:03
      We've had this problem in the past of getting some amendments done and that's led to then not getting more amendments and we're hoping to change the direction of the ship but it is changing the ship so we'll keep turning the wheel.
    • 01:33:18
      But yeah, I mean I think this has been good feedback.
    • Hosea Mitchell
    • 01:33:22
      Ms.
    • 01:33:23
      Creasy, in order of protocol is there anything else we need to do?
    • 01:33:26
      That's the only thing on your agenda this evening.
    • 01:33:31
      Oh, would you like to move to
    • Lyle Solla-Yates
    • 01:33:33
      I would like to move to adjourn at this time.