2026-10-13 - Planning Commission

Summary

Based on auto-generated captions; names and details may be misheard. Two commissioners attended online. The video platform and building internet dropped for under a minute near 40:48 while a memo was being read; that gap is not counted.

Time on topic (from transcript timestamps; approximate, includes side talk):

Topic Minutes Share
Neighborhood Character Descriptions 31 28%
Zoning Map Revisions 21 19%
Housing Committee Permit Duplication Recommendation 20 18%
Architectural Design Standards 14 13%
Other business 11 10%
Regional Plan and Planned Growth Areas 7 6%
Tier 1A Status Application 6 5%
  • Tuesday, October 13, 2026.
  • Recording runs from 0:05 to about 1:51:35.
  • Adjourned shortly after 7:30 p.m. on a voice vote.
  • Every vote was a voice vote with no opposition heard.

Other business

0:13-4:21, 30:05-36:44

  • Agenda approved with an added item (the Housing Committee memo, placed after commissioner comments); minutes of September 28 approved by unanimous consent.
  • Seamus Lombardo was welcomed as the newest commissioner; Sean Lenehan and Rona Bathorn joined online.
  • A commissioner asked that the minutes record who voted which way on split votes. Staff will ask the minutes-software operator whether the software can identify voters; online attendance already requires roll call votes. The group was in favor; no formal vote.
  • A public commenter asked if commissioners had reviewed the letter of intent with the Country Club Road developer that the council was to vote on the next night (see Zoning Map Revisions for the parcel); none had.

Zoning Map Revisions

4:23-25:22

  • Second and final public input session on the simplified zoning map (14 districts reduced to about 9 or 10).
  • Staff and a commissioner (Maria) explained the changes: downtown expanded a block, new Mixed-Use Residential 1 and 2, industrial district, merged residential densities.
  • One resident asked about district boundaries near Pinewood, Crestview and the riverfront and about "ground truthing" the 15 acres planned there.
  • Eight written comments already on the map were all dated September 28.
  • Decision: hold the map until Housing Committee and Conservation Commission comments arrive (requested by October 26) and put it on the first November agenda.

Regional Plan and Planned Growth Areas

25:23-30:05, 36:44-38:39

  • A member of the public said planned growth areas overreach, ignore combined sewer overflows and are not complete streets compliant, and urged a contingency plan.
  • A commissioner responded that growth areas are a very small share of Central Vermont land and that there has been underreach.
  • Reminder that the regional commission votes on the regional plan and future land use map the following Tuesday.

Tier 1A Status Application

38:41-40:48, 41:55-45:40

  • Housing Committee memo of October 6 asks for baseline Tier 1A language in a minimally amended set of regulations.
  • Staff: the Tier 1A changes are already planned alongside the map; draft regulations targeted for end of 2026; submission after the regional plan is approved, about January.

Housing Committee Permit Duplication Recommendation

45:40-1:05:22

  • Memo asks the city to stop duplicating state permits (steep slopes, erosion, stormwater, wastewater, wetlands, state roads, accessibility).
  • Staff said they agree with the principle and the regulations already defer to state permits in most cases; wetlands will change for Tier 1A.
  • Staff will reply to the committee and ask for sample language and redlining.
  • Commissioners asked staff to find the earlier public-comment matrix (a May 13, 2025 version surfaced during the meeting) to revisit unresolved items such as curb cut rules.

Neighborhood Character Descriptions

1:05:28-1:36:43

  • Staff explained the roughly 52 neighborhood descriptions and why state law and case law require some "character of the area" guidance.
  • Discussion of a forward-looking, permissive district-level approach and a common framework.
  • Vote: motion to remove neighborhood character descriptions and begin district-level descriptions, seconded by Tim; passed by voice vote, none opposed (a similar motion failed September 28).
  • A commissioner (Maria) volunteered to draft district descriptions, with Sean Lenehan helping.

Architectural Design Standards

1:36:45-1:51:11

  • Staff proposed dropping district architectural standards in favor of a two-tier design review (projects over six units and larger commercial).
  • Open questions: whether the lighter tier should cover the whole city, and whether standards differ appropriately by location.
  • No vote. Staff will try to bring in the zoning administrator or a design review representative.
  • Adjourned on a motion and second, voice vote.

Sources

Video

Watch the video

Transcript

These are auto-generated captions; names and numbers may be misheard.

Transcript

00:05[music]

00:13>> So we'll call the October 13th edition

00:16of the Montpelier Planning Commission

00:19uh to order.

00:20Um we have a couple of commissioners

00:23online. Uh so if those folks could

00:25please identify themselves

00:28before we start.

00:33>> Sean Lenehan, Planning Commissioner.

00:36>> Rona Bathorn, Planning Commissioner.

00:38>> Great, thank you.

00:40Uh next is approval of the agenda.

00:44Um please take a look at it. I know that

00:46Tim has an additional agenda item that

00:49we spoke about before the meeting that

00:50he may want to add.

00:52So I'll give him a minute to

00:55suggest that once he grabs his

00:57materials.

01:04>> Um

01:07Yeah, I don't I guess I don't really

01:08know how to go about doing that. Um Mike

01:11had sent along a memo from the Housing

01:14Committee um today.

01:16And I'm happy to add it to the agenda as

01:19something to

01:21for the Planning Commission to review

01:22tonight.

01:24>> Sure, that sounds good. Do you Do you

01:25know where you want to slot it in the

01:27agenda?

01:28>> No, I don't think it has

01:31Well,

01:33I I guess earlier that rather than

01:35later.

01:36>> Okay. How about

01:37uh right after general business?

01:39>> Sounds good.

01:40>> Okay. Or well,

01:42right after comments from the

01:43commission, I mean.

01:43>> Okay.

01:44>> All right.

01:44>> Good.

01:46>> [snorts]

01:50>> So since we've got an amendment, I'm

01:51looking for a motion

01:55to approve the agenda with that

01:57addition.

01:59>> I'm moved.

02:02>> Great.

02:03Any second?

02:05>> I second.

02:07>> [laughter]

02:10>> You guys can fight over that one.

02:11>> We'll give it to Maria.

02:13>> All right, there we go. All those in

02:14favor of approving the agenda with the

02:16additional item after comments from the

02:17commission, say I.

02:19>> I.

02:20>> Any opposed?

02:22Great.

02:23So, that is amended. Uh next is

02:26consideration of the September 28th,

02:272026 minutes. Please take a minute to

02:30take a look at those meeting minutes and

02:34let me know if you have any

02:37edits, changes, or other suggestions.

02:40Otherwise, I'd ask for unanimous consent

02:42to

02:43approve those minutes.

03:07>> I don't recall whether or not I attended

03:09that meeting or not, but I'm not even

03:11listed as having

03:13>> Okay.

03:15>> Don't believe you attended that meeting.

03:16>> No, I didn't.

03:17>> You didn't.

03:31>> [snorts]

03:42[snorts]

03:56[snorts]

04:01[clears throat]

04:03[cough]

04:06>> I would make a motion to approve these

04:07minutes.

04:09>> All right, so that's for unanimous

04:10consent. Have I even heard anything from

04:11anybody?

04:12Going once, going twice. The meeting

04:15minutes are approved.

04:17Not stealing your thunder, Tim. Sorry.

04:19>> No, I know. Just trying to

04:20>> Just trying to steal away.

04:21>> Uh

04:22>> [snorts]

04:23>> Next is public input session. This is

04:25our second one for the proposed

04:27revisions on the zoning map. We had an

04:29initial public session at our last um

04:33meeting. Uh so, this is the second of

04:35two. Um

04:37And we have Steve Whitaker here. We also

04:40have some folks online. Um

04:43I guess I'd hand it over to Mike uh if

04:46you want to give a brief overview.

04:49Um

04:51of the changes in

04:52Actually, let me stop for a second.

04:55Taking a cue from our last public input

04:58[laughter] session,

05:00Maria, would you like to give a brief

05:02overview sort of like guiding principles

05:04and what your thoughts were in uh sort

05:06of

05:07setting out the map that we have in

05:08front of us now?

05:09>> Yep.

05:10Um

05:12So, thank you, Aaron. [laughter]

05:13>> You're welcome.

05:14>> Um

05:15Well, before [snorts] we went about

05:16editing the map, we heard from

05:19several

05:20people that they wanted to see a

05:22simplified zoning map.

05:24So,

05:25this map takes us from 14

05:28down to

05:30Is it I think 10 or 9?

05:34And that'll be reduced even further once

05:36the Country Club Road parcel is zoned.

05:39Um

05:41but the idea was to build responsibly

05:43from the downtown outward.

05:46So,

05:48what we did was expand

05:51the downtown a block in every direction.

05:55And then, we also made arterials

05:57mixed-use residential one. And so, these

06:00would be like small offices,

06:02um

06:03kind of home businesses.

06:06And then, we also created a new category

06:08called mis- mixed-use residential two,

06:10which we are seeing as, um

06:14kind of the a pro-development zone

06:18where

06:19>> [clears throat]

06:20>> perhaps

06:21residential commercial would be

06:25more acceptable than in other parts of

06:26the city,

06:27um especially at a large-scale

06:30construction.

06:32Um

06:34there is this chicken and egg problem

06:36where we

06:38can either create the new

06:40[clears throat] zones first and then

06:41follow it up with creating the

06:45architectural guidelines for each of

06:46these zones, or we could go and, you

06:49know, create the architectural

06:50guidelines first and then create the

06:51map. And we all decided to create the

06:52map first. And our So, our what we'll be

06:55doing after this is then working on all

06:58of the

06:59dimensional standards for each of these

07:01zones. So, there'll be more

07:03time for public comment when we get to

07:05that part as well.

07:07Um

07:08I think that is

07:10all I said before.

07:12>> Great.

07:13Thanks.

07:14>> And Mike can go into more detail about

07:15all everything.

07:25>> All right. It doesn't make for a very

07:27big screen, um but I'll just go very

07:30quickly through

07:32um

07:33some [clears throat] of the the changes

07:36um that Maria highlighted. So, uh Uh, we

07:40used to have a Western Gateway that

07:43we've kind of merged into a new district

07:45called mixed-use residential two.

07:48So, we are have always had a mixed-use

07:50residential, and that's going to still

07:52remain mixed-use residential one. We're

07:53actually going to expand that a little

07:55bit. And that's for smaller

07:58um

08:02Keep one more. All right. Uh, some

08:03smaller um

08:06mixed-use, and these are areas like um

08:08the Meadow, uh

08:10that section of Elm Street out by the

08:11Meadow. That's a mixed-use residential

08:14area. So,

08:16um what we have up here on

08:18um

08:20what would be up in National Life is

08:22rather than having a separate National

08:23Life, which used to be an office park

08:25district, and then it was Western

08:27Gateway, it what we wanted to do is look

08:29to the future and consider this whole

08:31area up here as an area that has

08:32potential for redevelopment in the

08:34future as residential. And to do that,

08:38um these are bigger buildings, so we

08:41would have a different scale. So, that's

08:43why we have mixed-use residential two.

08:44So, everywhere you see the light brown,

08:46that's mixed-use residential two.

08:48Everywhere you see a dark brown, that's

08:50mixed-use residential one.

08:52And so,

08:53um

08:54we have that was one major change. We

08:56used to have three urban center

08:58districts. We're down to two.

09:01And really the difference between one

09:03and two is that one has

09:05has or allows for block style

09:08construction, so you can go to this to

09:10right up to your property line, and

09:12another building would

09:13come up and abut you. So, think about

09:15what the buildings look like on Main

09:17Street um across from City Hall. You've

09:20got buildings that are abutting each

09:21other or

09:23um only have alleyways. So, that's one

09:26type of zoning district, but the other

09:27one is buildings that are um we would

09:30not allow that, but they would still

09:32allow for um

09:34the very high

09:36um

09:37uh a lot of height and a lot of density

09:40and that's mixed-use residential too.

09:41So, think about the library up to the

09:44roundabout. Those are areas we wouldn't

09:45expect to have block-style construction.

09:48We would expect to kind of keep those

09:49types. But really beyond that, the uses

09:52and a lot of the other things would

09:53remain similar. But we used to have

09:54three districts, we're going to go down

09:56to two. And one of the main reasons is

09:58because we pulled urban center one down

10:02Berry Street. And the reason for that

10:04was simply to

10:06um

10:06this is an area that does have some

10:09uh some of that type of architecture and

10:12it's out of the flood plain and would

10:14make sense as a good area for the

10:16downtown to expand in a resilient

10:18manner.

10:20Um

10:21and then what used to be other parts, so

10:23Berry Street used to be riverfront,

10:25we're converting some of this to

10:27mixed-use residential two.

10:29>> [clears throat]

10:29>> So, that's some of the changes that you

10:31see.

10:32Um

10:34And other areas are mixed-use

10:36residential one. So, a lot of the

10:38changes are kind of in in that um

10:42in that thought, in that manner where

10:44we're just trying to shift between

10:46what was many to

10:49reducing them down to fewer zoning

10:50districts. And so, that mixed-use

10:52residential two wraps around and goes

10:53all the way to the end of River Street.

10:55So, even the areas where Tractor Supply,

10:57the Cody car dealership, those are all

10:59areas that are zoned mixed residential

11:02two rather than Eastern Gateway.

11:04We did keep Eastern Gateway just for

11:08Route 2. Um

11:10just because of the nature of that area

11:12over there is is a unique area, so we've

11:15kept that designation. We've turned the

11:18industrial area

11:20into

11:21uh an industrial zone. And that's

11:23because all these other places we've

11:24talked about mixed-use, you don't want a

11:26mixed-use area where you have an

11:28industrial. So, we really had to kind of

11:30create a new district for that one.

11:33Um Country Club Road, we really haven't

11:35touched

11:36um

11:37because we're in negotiations with them.

11:39So, we we have let them know we may

11:41rezone this and we'll be working with

11:43them to potentially convert them to

11:45mixed-use residential, too.

11:47But, we have got to go and work through

11:48some of the details first.

11:51Um And then the other big piece was we

11:53used to have four residential districts,

11:561,500, 3,000, 6,000, and 9,000. And

12:00those really related to the densities,

12:02one unit per 1,500 sq ft, one unit per

12:053,000 sq ft. What we did for this

12:08exercise was to merge the 1,500 and the

12:113,000,

12:13um making it all 1,500 and to merge the

12:176,000 and the 9,000 to be all 6,000. And

12:20then because we only had a few, we've

12:22just changed the names to high-density

12:24residential and medium-density

12:25residential.

12:27And so, that's most of the big changes.

12:31Um there are other small changes around,

12:33but that kind of covers a lot of the big

12:35ones. And as we said, the idea was to

12:38uh

12:39allow more housing density to happen. Um

12:43this certainly would give a lot of

12:44potential for um

12:47for undeveloped lots to take advantage

12:50and uh really be able to kind of build

12:52out a lot more units.

12:54And the rest, if you're new to the wire

12:57zoning, the dark green that you see

13:00on the outsides of town are all areas

13:03that don't have currently have access to

13:05sewer and water. So, those are res- uh

13:08zoned rural, and rural has a 2-acre

13:10minimum because you usually need about 2

13:12acres to fit a well and a septic field

13:15and a backup septic field. So, that's

13:17why it has 2-acre zoning. That's why

13:19these areas are zoned the way they are.

13:22And I guess with that,

13:26I can turn it back over to Aaron.

13:29>> Thanks, Mike.

13:30Um so with that, um I will open up the

13:33public input session.

13:35Um

13:36I'm not quite sure if we have any folks

13:38online.

13:39>> We have Alan and Doug online.

13:41>> Okay.

13:43>> And we have Steve here.

13:44>> No hands raised though?

13:46>> No. Oh, Alan's hand just went up.

13:49>> Great. Alan.

13:54>> Good evening. Thank you all very much.

13:56Um

13:57is there anybody else in the room who'd

13:59like to go first? You would would you

14:00like me to go now?

14:04>> Steve is looking at his phone, so I

14:06think the floor is yours, Alan.

14:08>> Well, thank you. Um

14:10thanks again, everybody. You really made

14:12a tremendous amount of changes in the

14:13map.

14:14Um thank you, Mike, and thank you, team.

14:17Um as we're looking at this now, I

14:19really try to fine-tune some of this.

14:21It's sometimes it's hard as you guys

14:23were discussing because the language is

14:25not created. So, we're just sort of

14:27looking at shades.

14:28We're hoping that the language will, of

14:29course, work out well for us.

14:32Um Mike, I don't know if you can put the

14:34map back up so we can look at

14:36potentially Sabins or a little piece of

14:38Crestview.

14:40Please.

14:46And if you could zoom in towards the

14:47Pinewood Crestview neighborhood, please,

14:49Mike.

14:52And so, look, we're we're looking at

14:54colors. And so, it's hard to always

14:56delineate. When you look at Pinewood and

14:59Crestview,

15:01um that area, I guess, is yellow or high

15:03density. And then it goes to the olive

15:05color.

15:06Yet, right behind those lots, my

15:09property is flat and exactly the same

15:11kind of property. So, I was just

15:13wondering why did the transition stop

15:16right there? And would that be something

15:18to be considered? If Mike, if you could

15:20scroll a little lower towards the front

15:22again.

15:24it's Thank you. Uh

15:26we don't often see this dark brown.

15:29Um it appears only in certain areas. But

15:32typically the dark brown transitions to

15:34the yellow. And again, it's hard without

15:36having the language. So I just see the

15:39visual part of there is a dark brown

15:41going to olive color there.

15:44And Mike, if you could please go over to

15:45Savins.

15:50And again, we're looking at colors. So

15:52you know, it's pretty abstract. Uh it's

15:55it's something similar again. We're

15:57seeing the dark brown.

15:58Um and the transition is directly to the

16:01olive color versus no more yellow coming

16:03through.

16:04And then the other thing that I wanted

16:06to please mention cuz I know you're

16:07really really working hard on this.

16:10On the lower part that we call the

16:11riverfront or whatever new work or

16:13whatever new district Mike is thinking

16:15of, you know, MUR 2. Um that

16:19area there

16:20it's not really ground truth.

16:22And we rushed when we were doing this in

16:25the beginning to do the 15 acres. We're

16:28hoping as we get to the language part

16:31that we can really ground truth it. We

16:33don't We're not asking more than the 15

16:35acres.

16:36But it would really make sense to use

16:3815 that are mostly usable versus

16:41something that may be wet.

16:42And we just hope that we can adjust that

16:44sort of ground truth to the ground there

16:46with the olive color. And so that's my

16:49observation. Um there's no yellow. It

16:52looks like a yellow band almost wants to

16:53come down by the brown. That doesn't

16:55mean it should.

16:57But I just see that as a

17:00as as looking at something balanced.

17:03Thank you. I really appreciate my time.

17:05Thank you.

17:08>> Thanks, Alan.

17:09>> Oh oh and I should say Mike, please. I'm

17:11open to any interpretations of how

17:14you've arrived at some of those

17:16transitions of the colors

17:17and why you think it might be that?

17:19Because we learn a lot, Mike, as you

17:20explain it to us and I appreciate it.

17:25>> Yeah, I mean, I guess some of it is just

17:27the browns are areas that are mixed use.

17:31Whereas the yellows and the greens are

17:33only residential. So, anytime you you

17:37have a brown and so

17:39uh as

17:41um

17:42Maria discussed

17:45what was proposed was for some of our

17:47main areas running into town. So, trying

17:51to add some additional areas. So,

17:54the the lavender is the downtown

17:59uh district urban center.

18:01Um and then abutting that is an area of

18:04mixed-use residential that would allow

18:06some small residential up Terrace

18:09Street. These are areas that are

18:10currently residential, but looking

18:13forward, we would have some areas that

18:14would have some some some potential

18:17uh for alternative uses. So, that's the

18:19only difference. The density of the

18:20brown and the yellow are the same.

18:23Uh it's just the uses that are allowed

18:26within those. This would allow for some

18:27some small, like we said, um think of

18:31the

18:32the areas in the meadow that have right

18:35on Elm Street that have some commercial,

18:38some offices, that type of use. This

18:41would help to build out this as more of

18:44a mixed-use neighborhood having a few uh

18:47amenities that might be walkable from

18:49this entire neighborhood. Um and then

18:51the shift from the yellow to the green

18:53is just um at this point

18:57uh you have that same shift on the other

18:59side as you go up Hubbard Park Drive.

19:01So, we have just a core of of these are

19:043,000 square-foot lots.

19:07Whereas these would have a minimum lot

19:09size is [clears throat] of 6,000

19:10square-foot lots. But, each 6,000 square

19:13foot lot can have six units on it. So,

19:16uh you can fit a lot of housing in here,

19:19uh especially if you were thinking of if

19:21someone was thinking of condos or

19:23um

19:24uh or or small homes or or some other

19:27types of mixes like that. So, that this

19:29is still um

19:33uh a fairly high density once you get

19:35down to house how somebody arranges

19:37their subdivision.

19:43>> Thank you very much.

19:50Just trying to see if we have anybody

19:51else.

19:54No.

19:56Don't see anybody else.

19:59Uh is there any other public input on

20:02the map?

20:06Looks like there's not.

20:07>> Mary, can I ask a question of Alan?

20:10>> Please.

20:11>> Alan, I think you used the term ground

20:13truth it, and I've never heard it

20:15before, and I was wondering what it

20:16meant.

20:18>> Hm.

20:19Actually, that's an old expression. In

20:21fact, somebody had asked once before

20:23about the vernal pools and where they

20:25came from.

20:26That was Brent Engstrom's work. He's a

20:28biologist out of Marshfield.

20:31And he brought it to us in 2007.

20:33When I was a planning commissioner in

20:342010, we decided not to use that work.

20:37And that's a classic term

20:39for for looking going onto the ground

20:42and actually seeing what's there,

20:44seeing if it's wetland, seeing if it's

20:46steep slope or should be protected, if

20:48it's clay soils,

20:50are the soils good for building? It

20:52gives us a chance to really look at the

20:54site and make sure we're doing it right.

20:56Uh Doug and I have planned all of Sabins

20:59to be active 50 compliant, even though

21:01we are exempt, we're still always active

21:0350 compliant.

21:05So, you know, we're trying to as they

21:07say they call it ground truthing,

21:09seeing if the wetland is correct

21:12and steep slopes and stuff like that.

21:15>> Okay. Thank you.

21:17>> Oh, you're very welcome.

21:19>> Yeah, a lot of the

21:20environmental requirements are developed

21:23using remote sensing satellites and

21:25other imagery and ground truthing is

21:27simply going out and saying, "Okay,

21:28according to the satellites, according

21:30to everything,

21:31this should be a wetland." And

21:32[clears throat] literally putting boots

21:34on boots on the ground to go through and

21:35say that, "That is actually a wetland or

21:37this is an area we should develop for

21:40high density." You get out there and

21:42find out it's a big boulder field and

21:43it's really shallow to the and you're

21:45like, "Oh, actually we can't do high

21:47density here. This is really not

21:49buildable." That's what the ground

21:50truthing is is kind of converting from

21:54the remote sensing to let's get on the

21:55ground and make sure that what we're

21:57seeing from the satellite is actually

21:59what we see on the ground.

22:00>> Okay.

22:02>> Thanks, Mike.

22:07Any other

22:09Any more Oh, go ahead.

22:10>> Yeah, I'm I'm just kind of looking at

22:12the public comments that are in the map

22:14itself. I don't know if we've gone

22:16through and

22:18discussed

22:19>> Good reminder.

22:20>> those public comments.

22:231 2 3 4 5 6 7 8.

22:28I know I don't know how many are new.

22:31>> I was just clicking through them and I

22:33think all of them are dated September

22:3628th. I didn't see any new ones, but

22:38>> Okay.

22:39>> Yeah.

22:40>> But we haven't gone through them

22:43as a commission.

22:44I I guess I'm curious about so we've

22:46been in a gathering mode for last

22:49meeting and this [clears throat]

22:50meeting.

22:51I look at the map as being part of the

22:53gathering mode. Shall we be discussing

22:56this now within the commission or should

22:59it should all of this public information

23:00be or be compiled and then brought back

23:03to us

23:05in one

23:06um

23:08yeah, one it's one session.

23:10>> And I think the committees are still

23:12we gave them a 20 October 26th deadline.

23:16Are you guys hearing from your

23:17committees at all?

23:19>> 28th? Is that the 26th?

23:20>> Is the housing committee planning on

23:22providing comments?

23:24>> Um

23:26I don't know.

23:27>> [laughter]

23:29>> I think my committees are

23:33I sent an email to the conservation

23:35commission and haven't heard back yet.

23:39But I believe they're meeting this

23:41Wednesday or next Wednesday.

23:42>> Next Wednesday.

23:43>> Next Wednesday.

23:44>> Yeah, I'm trying I'm trying to get on

23:46their agenda for next week.

23:47>> Okay.

23:49Yeah, so

23:50>> Well,

23:50sorry. Let me let me just jump in and

23:52say I I have been [snorts] chatting with

23:54the housing committee or the second

23:55committee that we've been connecting

23:57with about these meetings that we've

23:59been have in this last meeting and this

24:01meeting. But I didn't reach out to them

24:04and say if you're producing something as

24:06a committee, get back to us by the 26th.

24:09So,

24:10I should do that. I'll do that this

24:11evening.

24:16>> So, then does it make sense to look at

24:17everything once we have all comments?

24:20>> Yeah, I think I think we

24:21Yeah, my my suggestion is let's let's

24:24table this until we get every all the

24:26feedback from all the committees and

24:27whatnot and then we can put an agenda

24:29item on our

24:30first November meeting

24:32um

24:33and

24:34uh

24:35we'll give folks an opportunity to try

24:37to synthesize comments and come up with

24:40some recommend recommended changes to

24:41the map if we feel like that's necessary

24:44and appropriate. So,

24:46does that make sense to folks? Just

24:49hold holding pattern for now? Great.

24:51>> Sounds efficient.

24:52>> Okay.

24:53Um last call for any uh public input

24:57>> [clears throat]

24:57>> on the map?

25:00Seeing no hands raised online. Um we

25:03will close the public input session.

25:05Thank you everybody for the for the

25:06comments that did come in both written

25:08and spoken at our meetings. Um we will

25:11certainly take note of those and uh

25:13sort of try to

25:14see if there needs to be some changes to

25:16the map before we move forward. So,

25:18thank you again for uh taking the time

25:19to look at the map and your and making

25:22comments.

25:23Um next is general business. This is

25:25comments from the public that's about

25:27something that's not on the agenda.

25:29Um

25:32we have Mr. Whittaker here with us.

25:34Steve, do you have anything you want to

25:37speak to?

25:38>> to the LURB's conversation today.

25:41They [snorts]

25:42>> [clears throat]

25:42>> You have to be at the microphone.

25:49>> Uh

25:49Steve Whittaker. I think you all should

25:51listen to the

25:53Land Use Review Board's conversation

25:55today about public engagement and the

25:58challenges of that.

26:00They consulted with the

26:03The legislature has mandated some

26:06reports on this.

26:08And uh

26:09so the Vermont Council on Rural

26:11Development came and worked through some

26:13questions with them.

26:14But they're they're really bright people

26:16and they've given a lot of thought to

26:17this and

26:19this whole architecture is supposed to

26:21be based on a bottom-up

26:24uh public engagement and

26:26uh you can see how well that's been

26:30working.

26:31Uh

26:32I say sarcastically.

26:34So, um

26:38I think we're missing the boat by

26:41overreaching with

26:44uh

26:45planned growth area.

26:47Uh but that's a region-wide problem, not

26:49just Montpelier, but Montpelier is the

26:50biggest chunk of it.

26:52And

26:54it doesn't seem to

26:57factor in where our combined sewer

26:59overflows are. We can't

27:02be in

27:04regulated

27:06violation of A&R permits and then keep

27:10inviting more density into areas that

27:12are going to increase the

27:14combined sewer overflows. So, if we are

27:17not prioritizing the dis- the

27:20And all that data is missing. You

27:23our city plan was certified as having

27:25collected all this data and and the

27:27regional plan

27:28doesn't have the data in it, either. So,

27:31knowing [clears throat]

27:32which

27:34sewer sheds is a new word to me.

27:37Uh

27:40I don't think Country Club Road

27:42is in a

27:44overflow district, but I'm pretty sure

27:45School Street

27:47and Saint Paul Street,

27:49which is has some of the best infill

27:51potential.

27:52Um

27:54So, anyway, it's

27:58we should focus on a few parcels where

28:00we know

28:03where there's capacity, not just whether

28:05there's water and sewer there. That's a

28:06flaw of the whole mapping methodology is

28:10that

28:12they're saying if there's water and

28:14sewer there or within 1,000 ft. But

28:17those costs to put in 1,000 ft, to rip

28:21out a pipe and put in a bigger one, or

28:23to go another 1,000 ft with water and

28:26sewer are huge.

28:28And

28:30if you're serious about accelerating

28:32development, you would focus on where

28:34there's existing pipe with existing

28:36capacity right at a parcel that has

28:39has a developer interested.

28:42Um

28:43Similarly, the mapping methodology

28:49is not complete streets compliant.

28:52Um

28:53>> [clears throat]

28:54>> it's got some guidance in there that

28:56says you don't have to if you have less

28:58than 1,000 cars a day,

29:00you can ignore your sidewalks. Let Let

29:03the wheelchair bound handicapped person

29:05roll in the street.

29:07Sure, icy conditions.

29:09Uh

29:10that's not compliant with statute

29:12either, so

29:13um

29:14I think we're in for a rough road

29:17with our regional plan review.

29:19And we're still Do we even have a plan B

29:22if

29:24the Supreme Court says we need to

29:27do a de novo review of our municipal

29:29plan because

29:31if you don't know if you don't believe

29:32me that our plan doesn't comply with

29:34statute, you really need to go do your

29:36homework, you know? And that may change

29:39your work plan for the next year,

29:42you know? But

29:44contingency plans are smart.

29:51>> Thanks, Steve.

29:55Do we have anybody online that has any

29:57issues or

29:59general business?

30:02Looks like we don't.

30:05So, moving on, uh next is comments from

30:07the commission. Um this is an

30:09opportunity for commissioners to speak

30:11on something that's not an agenda item.

30:13Uh just very quickly,

30:15just want to recognize and welcome uh

30:17Seamus Lombardo, our newest planning

30:19commissioner. Uh welcome aboard.

30:21>> Thanks for having me.

30:22>> Yeah, and I look forward to working with

30:24you going forward. If you I don't know

30:26if you want to say a few words,

30:27introduce yourself.

30:29>> Uh

30:30sure. Yeah. Um Seamus. I live I live up

30:33on my uh

30:35Grandview Terrace.

30:37Um I've been following these meetings

30:40for better part of a year now, as well

30:42as the housing committee meetings, and

30:45I'm

30:45you know, really excited to be involved

30:48in this work, which I think is really

30:50important um

30:51for a bunch of different reasons, but

30:53one of my main personal motivators is

30:55housing issues, and so I'm excited to

30:58use the tools of this commission to help

31:01advance those goals.

31:03And um

31:04I'm excited to apply my own experience.

31:07I have a geospatial background, so eager

31:10to apply that, but also really eager to

31:12just learn from the experience of folks

31:14here. So, yeah, eager to be involved.

31:17>> Great. Thanks. Welcome aboard.

31:18>> Welcome.

31:21>> [laughter]

31:23>> Sean's disembodied voice there.

31:26>> Um

31:28Is there anything else, folks? Uh any

31:29other commissioners have any issues they

31:31want to

31:31>> I want to jump in real quick with

31:33something very inconsequential that I

31:36have been thinking about.

31:37>> it's consequential.

31:38>> It's very consequential.

31:40>> [laughter]

31:41>> Um it's actually with the agenda, or

31:44sorry, it's actually with the minutes

31:46from the last meeting.

31:48And I don't know if we need to like

31:49reopen this up, but I was just thinking,

31:51I think it'd be helpful

31:53um

31:54in this and moving forward to

31:57[clears throat] if there were any votes

31:58that were not unanimous, I think it

32:00would be nice to sort of indicate who

32:03was who voted yay, who voted nay.

32:07So, I would

32:09recommend

32:11I don't know. I don't know if we need to

32:12do formal language, but you know, I

32:13think it'd be nice to amend our meetings

32:16from the last meeting to sort of

32:19indicate who was in favor and who

32:21wasn't, and then moving forward

32:23do that.

32:25>> Uh so, I have two questions, one for you

32:27and one for Mike. And this is not to I

32:30do you think this is consequential, but

32:31I'm curious like why is it important for

32:33you that we list off the commissioners

32:35like specifically and how they voted

32:38when we have split votes.

32:39>> Mhm. I was thinking like when it happens

32:42in city council, like sometimes it's

32:44nice to know which of the my city

32:47councilors and my representatives sort

32:48of are voting in certain ways and so

32:51just anecdotally for me, I think it's

32:54nice to kind of get a pulse on what

32:57people's individual opinions are if it

33:01varies.

33:01>> Okay.

33:02Um and the question for Mike is

33:05does our AI software allow us to

33:09identify specific

33:11voters?

33:13>> I would have to ask Nick to take a look

33:16at that.

33:17Um

33:20They should be able to recognize the

33:21voices and know that.

33:24>> Huh.

33:24>> But it also

33:26the I think the question is whether or

33:27not it's got a

33:28one of the prompts check box prompts

33:31that lets you

33:32>> Okay.

33:32>> isolate those uh the

33:34The other option would be to unsplit

33:36votes, make sure that the chair,

33:38whoever's chairing, goes through and

33:40>> Or you could do a roll call vote.

33:42>> was for and then then it hopefully would

33:43get picked up in the minute description.

33:45But I'll ask

33:47um

33:49if we can uh amend the minutes to

33:54reflect who voted.

33:56>> Is that on the split vote?

33:58>> Um and I I don't think we need to do

34:00anything. We don't need to take a formal

34:02vote on this or anything, but I [snorts]

34:03would like to get kind of a

34:05sense from the group uh if

34:08this group is in favor of sort of

34:11identifying each vote

34:14in the minutes

34:16or if there's

34:18>> I really like that idea.

34:19>> any problem with that.

34:21>> And I I I like it for transparency's

34:24sake.

34:24>> Okay.

34:25>> Yeah, agreed.

34:27>> I'm in favor.

34:28>> All right, great.

34:29>> Yeah, I think it it's actually helpful

34:30because I believe if you get into

34:32Robert's Rules

34:34and somebody gets really wonky on

34:36something, there's certain things that

34:38it's like only a person who voted

34:40against this can go and vote for

34:41reconsideration or only a person who

34:43votes for this can vote for

34:45reconsideration. There's certain ones

34:47that isolate it and so

34:49it might be good to have that

34:50documented.

34:52Although it's very rare in ours to get

34:54into a

34:55a Robert's Rules bureaucratic

34:58discussion.

34:59Um

35:00but I I think there there is value from

35:02the rules to have that isolated. Now

35:05I'll ask if we can have that.

35:08>> Great.

35:10>> It's It's required anytime it's not

35:11unanimous if there's any online members,

35:14it's required to do a roll call and so

35:16that roll call would get names at least

35:19to repeat it for the audio recording.

35:22>> Right.

35:24Okay.

35:25>> We can't hear Steve.

35:28>> Steve just made the comment that if

35:29there if there had been a vote

35:32um

35:33where there was a planning commissioner

35:35who was online, if there was a split

35:37vote, it would have been a roll call

35:39vote anyways and therefore it should

35:41have been caught and picked up on the

35:43in the minutes. So, but yeah, I think

35:45it's just a I think it's probably just a

35:47prompt. These are pretty

35:48sophisticated AI programs so I have to

35:52imagine there's going to probably be

35:53something that says

35:56a check box that would isolate it, but I

35:57have to check with um

35:59with Nick uh who's in my office who

36:01knows how to do these um minutes.

36:06So, I will follow up with that at the

36:07next meeting.

36:08>> And now I have to go home and

36:10find my dusty copy of Robert's Rules of

36:12Order.

36:14Take another look. So,

36:17thanks for that homework.

36:19>> A quick question here. Has anybody

36:21circulated or

36:23planning commissioners reviewed the

36:25letter of intent that's being voted on

36:28tomorrow night by the council

36:30with the Country Club Road developer?

36:33>> Not that I'm aware of.

36:34>> Pretty important.

36:37Um

36:40>> [snorts]

36:41>> Any other comments from the

36:42commissioners?

36:43>> Uh I just wanted to um

36:46say one thing in response to Steve's um

36:49opinion about

36:51overreach when it comes to uh planned

36:54growth areas or urban growth areas um

36:56throughout the Central Vermont region.

36:58Uh planned growth areas represent a very

37:00very small percentage of land within

37:03Central Vermont.

37:04Um as I said, I think it's a matter of

37:06opinion and I just want to put on record

37:08that I believe in my opinion that um

37:12throughout this entire process

37:14uh that there's been a drastic

37:16underreach uh

37:19so to say um of of urban growth and

37:21planned growth areas

37:23and expansion throughout Central

37:24Vermont. Um

37:27that there's so much opportunity here in

37:30our already built um cities and towns.

37:33Montpelier is

37:35a city, Barre is a city, uh there's a

37:38ton of opportunity for increased density

37:41and growth uh and I encourage at the

37:44Planning Commission Housing Committee

37:46City Council level, CVRPC level and the

37:48Land Use Review Board level, state level

37:51to

37:53understand

37:54the housing crisis that we have had in

37:57Vermont now for decades and that a a

38:00solution moving forward includes

38:03a major expansion and um

38:07uh increased density um

38:09throughout I'll say Central

38:11Central Vermont because that's where we

38:12are.

38:15>> Okay.

38:17Um and that just reminds me very quickly

38:19just as an addendum to everything and

38:20there's nothing actionable here, It's a

38:22reminder to this folks for those who are

38:23interested. Uh CVPC is going to be

38:26voting on adoption of the regional plan

38:29and the future land use map at their

38:31meeting next Tuesday.

38:33So.

38:36Um

38:39Any other comments?

38:41Great. Moving on. Uh next is the new

38:43agenda item uh that was proposed by Tim.

38:46Um

38:48about discussion of the housing

38:50committee recommendations and the memo

38:53uh that was circulated to this group and

38:55is available uh

38:57here in the room. Uh Tim, you want to

39:00take this one?

39:01>> Yeah, do you

39:01>> Next item.

39:02>> It because it's not in the agenda or

39:04linked, should I

39:06read it?

39:07>> You not.

39:08>> I think

39:10Let me double-check to see. I asked I

39:11asked him to

39:12>> No, to be added to it today.

39:14>> I I checked this morning before you had

39:15sent it around.

39:16>> [snorts]

39:16>> Mhm.

39:23>> [snorts]

39:24>> Well,

39:25I can at least

39:25>> Yeah.

39:26>> jump in and because I'll I I will read

39:28the first section of it. Uh so this is a

39:30memo that came to us from the housing

39:31committee. It was dated October 6th,

39:342026 and um

39:36Seamus can confirm it. I think it would

39:38came along with a

39:40vote. So this was voted to uh you might

39:42not you might not know this actually.

39:44>> I believe so, but I think this was at

39:46the end of the meeting. So I can't like

39:48100% confirm.

39:49>> Okay. So a memo that was uh sent over to

39:52us officially from the housing committee

39:54on October 6th. Um so it's about Tier 1A

39:56and development regulations

39:57recommendations. So that I'll just read

39:59the first paragraph. On October 6th,

40:002026,

40:02Montpelier Housing Committee voted on

40:03two There you go. Voted on two items

40:06related to the Planning Commission's

40:07work. One, changes to the development

40:09regulations to ready the city to apply

40:11for Tier 1A status, and two, avoiding

40:14duplication. And please see below.

40:16Um I'll just note that uh that while the

40:18first section is pretty relatively

40:20straightforward, um I will not read I

40:23don't think we need to read all of the

40:24committee recommendations for the second

40:26piece, but I will start um with the

40:29first recommendation of of above.

40:31Um, so

40:33a short-term need for Montpelier unified

40:34development regulations, cities must

40:37amend their regulations to satisfy Tier

40:381A application requirements. South

40:40Burlington and Rutland already have

40:42included baseline Tier 1A language in

40:44their development regulations to

40:45facilitate Tier 1A status so that

40:48>> up?

40:49>> Oh.

40:50>> Did I just disconnect from the Zoom

40:51meeting?

40:52>> My Well, I the Zoom meeting just

40:54dropped, so I'm just

40:56>> Yeah.

40:57>> Rowan, did you lose them, too?

41:00>> I did as well. I'm glad it's not just

41:02me, I guess.

41:04>> Yes, I was just starting to close pages

41:06thinking, "Uh-oh, I have too many things

41:08open."

41:10Mhm. I think we're going back up.

41:14>> Yeah.

41:15This looks promising.

41:17>> It does.

41:18>> Recording in progress.

41:23>> Yes, I can now see the working members.

41:26>> All right. Well,

41:31>> No, I have to I have to be off or we get

41:33feedback.

41:36>> Yay, we're back.

41:39>> Thank you for being patient. We lost

41:41internet down here, so we couldn't do

41:43anything.

41:46>> We were just about to pull the plug,

41:47Taylor.

41:50We were almost going off.

41:51>> Luckily.

41:53>> We're back.

41:55>> Um, so we were in the middle of the

41:57housing memo.

41:58>> I'm not quite sure where

42:00>> Yeah, I was heads down and wasn't paying

42:01attention.

42:02>> just worth restarting.

42:03>> Okay.

42:04>> Let's go now and do so.

42:04>> I'll go through quickly. So, uh the

42:07Housing Committee at their meeting on on

42:08October 6th uh I on two items related to

42:11the planning commission's work. One is

42:13changes to the development regulations

42:15to ready the city to apply for tier one

42:17A status and two avoiding duplication.

42:20Um

42:21So, yes, I was starting to get through

42:23the first committee recommendation. So,

42:26uh cities must amend their regulations

42:28to satisfy tier one A application

42:29requirements. South Burlington and

42:30Rutland have

42:32already have included baseline tier one

42:34A language in their development

42:35regulations to facilitate tier one A

42:36status. So,

42:37the housing committee recommendation to

42:39the planning commission

42:41is that we is that we request that the

42:43city work with the planning commission

42:44and LURB to develop and include baseline

42:47temporary tier one A language into a

42:49minimally amended unified development

42:51regulations uh to be submitted to the

42:53city council for adoption as as soon as

42:56feasible.

42:57Um as I recall, we I'll just jump in and

43:00say I I we discussed this a bit at last

43:03at the last meeting. I'm not exactly

43:05remembering

43:07um

43:08where we ended on this in terms of are

43:10[snorts] we going to take an approach

43:13to our zoning regs um where we're going

43:15to uh

43:17go after low-hanging fruit for tier one

43:18A status

43:20um reasons or are we going to wrap that

43:22into

43:23the entirety of our work?

43:26>> Uh I think Mike spoke to this and I got

43:28to let you do it again, but my

43:29recollection is is that we are going to

43:32make some changes that would be

43:35necessary to support the tier one A

43:37application in advance of us submitting

43:39those things. So,

43:42uh

43:43Mike, tell me if I'm wrong about that,

43:44but that's I think we would be doing

43:46that work. So, I I think we we the plan

43:49is already to do to make those

43:52um changes to the development

43:54regulations in order to support tier one

43:56A application.

43:57Um

43:58So,

44:00>> Yeah, that's that's the plan. We're

44:01already working right now to with you

44:04all to amend the the um part two, the

44:09zoning map, and those districts.

44:12So, um we really have to do that piece,

44:17and the tier 1A we can kind of do at the

44:19same time. So, the goal being that we

44:22have a draft set of zoning regulations

44:25completed by the end of the calendar

44:26year.

44:27The

44:29CVRPC won't have a final approved

44:34um regional plan until maybe January.

44:38So, we can't submit [snorts] till after

44:40that anyway, so we might as well have a

44:42draft ready to go, so we can

44:45um

44:46be able to submit that

44:49to the LURB um after they've approved

44:51the regional plan, cuz then we'll have a

44:53You need to have your tier 1A map. So,

44:55we have to get that all built in.

44:58And then we have to demonstrate that the

45:00requirements within that meet

45:02the requirements of state law.

45:05>> So, my my thinking here is that I can

45:08respond to the housing committee and say

45:09this is underway

45:11um with some

45:13uh

45:15description of of our timeline. Um they

45:17did

45:18have and I sent an email back to Alyssa

45:21and and folks. Uh there is a link in

45:23here that says sample language is here

45:24and below. That that link was an

45:26internal link that brought me back to

45:27the top of this memo. So, I don't have

45:29that language. So, hopefully they can

45:32send that along as well. I think that

45:33could be super helpful for us as we

45:36um work through our our zone

45:37regulations.

45:39>> [snorts]

45:40>> And then part two was for and I we don't

45:42need to go through Well, we can, but we

45:43also don't need to go through each of

45:45the specifics here. Um but it's

45:46something that we've heard before and um

45:49they have But they do have more

45:50specifics around duplication, avoiding

45:52duplication. So, the housing committee

45:54has begun the process of looking for

45:55ways to simplify and streamline

45:57our uh Montpelier's regulations for

45:59zoning and land development. Below are

46:00high-level recommendations. So, the

46:02overall recommendation is request that

46:04the planning commission and city strive

46:05to eliminate uh review approval,

46:08permitting, uh of subjects that are

46:10already permitted by other authorities

46:12in Vermont. This will avoid duplication.

46:14The development review board

46:17can require the state permits as a

46:19condition for local approval. And then

46:21specifically, I'll just mention what

46:22they are without all the details.

46:25Uh steep slopes, erosion control, and

46:27stormwater management on parcels over 1

46:29acre, water and wastewater, wetlands

46:32including vernal pools, changes to state

46:34roads, accessibility on sites and and in

46:37buildings.

46:39Um that there are other departments or

46:42agencies that the housing committee

46:44believes

46:45um have that covered. Um and that we

46:49don't necessarily need that all of this

46:50information in our zoning regulations.

46:52I'll just pause there and say this this

46:54is you know, that's me paraphrasing

46:57um from what I read from the housing

46:59committee.

47:00>> I'll just say that I know Sandy has like

47:02um line by line through some of those

47:04sections. So, in your reply where you're

47:07asking for the link, it might be good to

47:08just say like, "Hey, as an appendix,

47:10could you like send us Sandy's latest

47:13redlining on this just so we have it?"

47:16>> Um you're talking about the And that's

47:18for recommendation number two, correct?

47:20Where she has gone through and

47:22>> Yeah.

47:23>> pointed out specifically [snorts] where

47:24duplication she believes duplication is

47:26happening.

47:26>> Yeah.

47:27>> Uh yeah, I will ask for that.

47:33Um and then my recommendation there for

47:34the planning commission would be to

47:36consider that as we're going through the

47:38zoning regulations.

47:40in more detail.

47:42Uh and I'll pause there.

47:44>> Sure.

47:46Is there any uh

47:48want to discuss either these

47:49recommendations or I I don't

47:51feel like there's anything

47:53that's actionable or anything we need to

47:55vote on right now, but if folks wanted

47:58dive into these issues a little bit and

48:00talk about them and put some ideas on

48:02the table, that's fine. Otherwise

48:04>> I can point out there is I have met with

48:06them and I have mentioned and it just

48:08seems like it has

48:10gotten no

48:12positive

48:14response back or acknowledgement um

48:16that

48:17we already have these in here and it's

48:21been explained to her, you know, I mean

48:22we'll point out

48:24you know, uh VTrans issues access and

48:27work permits for any impact on or

48:28connecting to the state highway. They

48:30don't in the city of Montpelier and we

48:31pointed this out. There are no 1111

48:33permits in the city of because they're

48:35all class one highways.

48:37We issue all the access permits for the

48:39for the state highways.

48:41And so you know, and

48:43um for erosion control and the

48:46environmental it literally says in our

48:48zoning, if you get a state permit, you

48:50don't need to meet these requirements.

48:52So there it's many places where we

48:54already do this and we've tried to

48:57literally we've emailed these things and

48:59said, we already do this.

49:02And they keep saying no, you no, we

49:03don't.

49:04>> I'm And is And is that And is that I'm

49:06sorry, is it Is that the same with like

49:07the wetlands permits and the stormwater

49:09permits as well?

49:10>> Yes, stormwater Yeah, if you get permits

49:14in in general

49:15if you get it'll There are many of them

49:18in there which go through and say, if

49:19you get a state permit, you don't need

49:21to meet any of these requirements.

49:23And we've we've tried to really point

49:24these out. The only one that we regulate

49:28um that we'll have a discussion on is

49:30wetlands. We do have a much smaller

49:33wetlands map. We only regulate wetlands

49:36that are on our natural resources map.

49:38So we don't regulate every wetland.

49:40Um that's going to have to change

49:43uh for tier one A status. So we're going

49:45to have to have a conversation about

49:47wetlands that's going to kind of change

49:49how this works, but really what's going

49:52to happen with that with my

49:53recommendation to happen with that is

49:55that

49:57we incorporate the wetland advisory

49:59layer as onto our zoning and basically

50:03say if you have a project that impacts a

50:05wetland advisory area then then you need

50:07to

50:08get a letter from the state.

50:10>> Okay.

50:10>> So I'm either says you're exempt or not.

50:12>> Yeah, I'm sorry. I

50:13I may not be following you. So

50:15the city has its own wetlands inventory

50:18and map that's separate and apart from

50:19the ANR map?

50:20>> Yes.

50:22>> And why?

50:23>> [laughter]

50:24>> No, I'm just I'm curious.

50:24>> It was done It was uh the conservation

50:26commission did this in 2000 and uh 6 or

50:308.

50:32That's what

50:33Alan had mentioned earlier. There was a

50:35survey that was done. It included vernal

50:36pools. So our map has vernal pools and

50:38wetlands, but not every wetland that is

50:40recognized by the state.

50:42>> All right.

50:42>> And they asked when we were adopting our

50:44new zoning to include that in the

50:46natural resources, so we did. I think

50:49we're going to have a conversation we,

50:51being us, you you mean conservation

50:53commission, about how this changes

50:57in this news draft because we do need to

50:59make some amendments to meet tier 1A

51:01status.

51:02Um the best thing to do if it's it's

51:05always my policy to not duplicate

51:07permits, which is why it's been written

51:09the way it is to say

51:11if you need a state permit

51:13if if you get a state permit, you're

51:15exempt from the local regulations. But

51:17if you go through and have it something

51:18that's pegged to a a number, like 1

51:21acre,

51:23um if the state decides to change its

51:25rules one way or the other to say,

51:27"Well, we're only going to regulate 1

51:28instead of 3 acres now." Well, now we're

51:30going to have a gap in the rules. We're

51:31only regulating up to 1.

51:33>> Right.

51:33>> They're only regulating over 3. There's

51:34nothing happening between 1 and 3 until

51:36we amend our zoning. By having it

51:38written the way we do to say we have

51:40rules,

51:41but if you get a state permit, you're

51:43exempt from our rules.

51:45Then the state can move to be less

51:47restrictive or more restrictive and

51:49whatever happens

51:51that's the way our rules are written

51:52right now is to really go through and

51:53say if you if you need that then you're

51:55exempt from this and

51:58>> And and just so I full circle on this

52:02what are the tier 1A requirements with

52:04respect to what changes do you have to

52:05make to meet the tier 1A requirements

52:08with respect to wetlands?

52:09>> Uh there aren't

52:12there aren't a lot with wetlands because

52:15the state generally regulates it but we

52:18will probably need to what A&R looks for

52:22is our connections um

52:26rare threat threatened and endangered is

52:28another one. We don't regulate that

52:29right now.

52:31But under the

52:33uh tier 1A we will but what really is

52:36going to happen is we're going to end up

52:37with a map that's going to show us the

52:40rare threatened and endangered species

52:41areas and if somebody does a project

52:44within that bubble

52:45then they have to go to the

52:48forest

52:49fish and wildlife and say

52:52you need to go talk to them and get

52:53clearance. Once we get clearance then

52:56you can go. It'll be the same with

52:57wetlands. It's just going to be there's

52:59there's a process step. We aren't

53:01actually going to take over regulating

53:03those aspects. We're just going to have

53:05a map that says when you enter that area

53:10you're going to need to get a letter.

53:11And that's um so we're really not going

53:14to be duplicating uh in in those those

53:17senses. And then these other ones we're

53:18going to maintain the same whether it's

53:20storm water erosion control um steep

53:23slopes is different. We regulate steep

53:25slopes for some different reasons. Yes,

53:28if you clear on steep slopes it becomes

53:30an erosion control issue. There is an an

53:32overlap between those two but we most of

53:35our time most of our efforts with steep

53:37slopes comes down to ensuring that

53:40whatever's happening at the top or the

53:41bottom of a steep slope

53:44is

53:45has the proper engineering. In

53:47particular, at the top. So, we've had

53:49people We've got a lot of cliffs, a lot

53:50of steep slopes, and so people will come

53:52in and say, "I'm going to build right

53:53here." And we're like, "Well, that's on

53:54the edge of a steep slope. We're going

53:56to need to know the foundation. We're

53:57going to need to have an engineer design

54:00that foundation and have it reviewed, so

54:02that way we know in 50 years that

54:04foundation is still sitting there and

54:06not starting to slide." And so, that's

54:08what our steep slopes look at, which the

54:11DEC general permit does not look at. All

54:14they're looking at is is there going to

54:15be erosion as a result of water running

54:18off the roofs of the buildings or those

54:19types of things. So,

54:21we'll have more conversations about

54:23these. Um

54:25um and yes, the So, these are These are

54:28things I I have met with them on.

54:30Um

54:31and you know, I do agree with the

54:33premise, you know, we should not have

54:35duplication of permits. And

54:37I don't think

54:38>> understanding, this is like now it's

54:40gathering learning question for me.

54:42Like, you reference kind of the clause

54:44where it's like if you get this from the

54:46state, then you don't have to get the

54:49municipal one.

54:50What is like the condition? You kind of

54:54tangentially reference like lot sizes.

54:57Is that it? It's just like properties

54:59over a certain size are required to get

55:01the state permit, and therefore they're

55:04going to wind up in that scenario where

55:05they don't have to get the local permit,

55:07and smaller ones are going to have to go

55:09through

55:10the municipal process?

55:11>> S- Sometimes it is area of disturbance,

55:15and sometimes it is like I I think the

55:18general permit looks at the area of

55:20disturbance.

55:21And so, there It depends which one

55:23you're looking at. Um

55:26but we know there's going to be a state

55:30um

55:32a state permit. So, I I just open up

55:343,000 3,008, which is erosion control.

55:383000B applicability applicability who

55:40needs to meet this requirement the

55:42provisions of this section shall apply

55:43to any development that will disturb

55:45soil except that one development that

55:48obtains a state construction general or

55:49individual permit shall be assumed to

55:51have met the requirements of this

55:53section. Any zoning permit or approval

55:54shall be conditioned upon the applicant

55:56submitting a copy of the state permit to

55:58the administrative officer prior to the

56:00start of construction.

56:02So

56:04a comment that we have a duplication of

56:07our erosion control standards

56:10is when this has been pointed out is

56:12just it's been frustrating.

56:14We we know we don't want duplication of

56:16permits because invariably they may have

56:19a different condition than we do and we

56:20don't want to have this thing where what

56:22do we do when they say do this and the

56:24DRB says do that and they conflict. So

56:26we are very

56:28conscientious cautious in looking at

56:31where these are

56:33um

56:35So again, that was

56:36>> I I appreciate that and I appreciate the

56:38the frustration in that space. I think

56:40this is coming from a a place of

56:43I don't know how historical it is but

56:45but some experience where folks have

56:48felt like they've visited with the city

56:50and visited and felt like there's been

56:53overlap with um state folks and maybe

56:56paying for

56:58um and waiting for permits at both the

57:00state and city level. I'm not a

57:01developer. I've never worked in this

57:03space before.

57:04Um so I don't have the experience.

57:08I would be curious and I might

57:10personally just do this reach out to

57:12some folks and

57:14ask them about what their experience has

57:16been. But I I I appreciate your

57:19listening to to this and I also

57:21appreciate that um

57:23this is something that the plan planning

57:25department is is focused on the

57:28um removing duplication. So

57:31Yeah.

57:31>> Yeah. So like like I said the big I

57:33think the big summary is we we don't

57:34disagree with either one of these

57:36recommendations. Um

57:38and

57:39but we just we want to make sure we

57:42don't spend a lot of time

57:45working on something that

57:48you know, spending time working on

57:49things that don't need to be worked on.

57:51Um

57:52rather than working on other things that

57:54because we have plenty of things that we

57:55do need to work through.

57:56>> Sure.

57:57>> And um

58:00we'll have these we'll have these

58:01conversations and continue to to work on

58:03them.

58:09>> Allen's had his hand up off and on

58:11during this conversation. I don't know

58:12if he

58:13wanted to

58:15chime in.

58:17>> Thank you. I Well, I going back and

58:20forth, you guys are covering a lot of

58:21ground. And thank you, Mike, for what

58:23you're explaining. Um

58:25I was just going to point out as I've

58:27gone through the process in the not too

58:29distant

58:30in the not too

58:31uh distant past, um

58:33some of our regs are

58:36more aggressive than the state and some

58:38are less.

58:40And that was part of what the group was

58:42trying to say is trying to make sure we

58:43follow the same state standards

58:46or becomes a challenge.

58:48Uh such as the vernal pools is a class

58:50two wetland structure.

58:52We've decided to make it a 500-ft

58:54setback.

58:55Mike has limited that by only the ones

58:57mapped on the system.

58:59When Doug and I went through and did our

59:00traffic studies,

59:02the um

59:03city has a greater

59:05uh requirement than the AOT.

59:08When we did our wetland program, the

59:10city right now had a 25-year wetland

59:13uh event and we just designed it all for

59:15a 100 year.

59:16So, those are some of the

59:18differences I know noticed in the state

59:21and I really appreciate what Mike's

59:22trying to do. We're trying to not

59:23duplicate things and also not um

59:27go beyond what the state standards are

59:30or not below

59:31because if somebody challenges it, it's

59:33going to go to the state.

59:35Thank you so much.

59:41>> Thanks, Alan.

59:43>> Uh any other discussion on this agenda

59:44item?

59:45>> I have a question about Mike, we used to

59:47have

59:48uh a spreadsheet of all the suggested

59:50changes to the zoning code

59:53like a year ago. Do you guys remember

59:55this?

59:55>> Mhm.

59:56>> Do you remember this?

59:57>> [laughter]

59:58>> Yeah, we we put together a matrix when

1:00:00we were doing the public hearings.

1:00:02>> Right. I feel like it would be useful to

1:00:05add these items to it. And I I remember

1:00:07it being organized by section in the

1:00:10zoning code.

1:00:11>> Yeah, we would have to start We would

1:00:12have to start a new one. The The last

1:00:14one we put those changes together so

1:00:16that way people would understand when we

1:00:18went to public hearing or when it went

1:00:19to adoption.

1:00:22People gave public comment

1:00:24um

1:00:25>> Mhm.

1:00:25>> And then what what were the changes that

1:00:27came out of that when we considered

1:00:29them. But I hadn't been starting that

1:00:31for this one because this was still

1:00:32public input. We hadn't gotten to a

1:00:33public

1:00:34>> Okay.

1:00:35>> formal public comment. But we could do

1:00:37whatever the commission desires for

1:00:39>> Okay. I just remember there being some

1:00:41specific items in there that would be

1:00:43helpful to

1:00:45uh resurface now that we're actually

1:00:48editing the zoning code.

1:00:50Including

1:00:51these suggestions, too.

1:00:54Do you guys remember this?

1:00:55>> Yeah, I do remember it, but I I mean

1:00:57it's a

1:00:58kind of one of a

1:00:59Where does that become

1:01:01Where does that matrix become useful in

1:01:03the process and

1:01:06I

1:01:07I'm a little hesitant to go back and

1:01:09look at prior comments that were done on

1:01:11an earlier iteration of proposed

1:01:13revisions that were

1:01:15considered and voted on by the city

1:01:16council

1:01:18um

1:01:18>> But I thought that we didn't include all

1:01:20of the changes.

1:01:22I thought there were still items that we

1:01:24hadn't considered because we're like,

1:01:26"Oh, when we go through the zoning

1:01:28code, we'll consider these."

1:01:29>> Maybe. I

1:01:30>> I mean, I think steep slopes was like

1:01:32one of the few that we actually adopted.

1:01:35I think there were other

1:01:36>> There might have been.

1:01:37>> comments that we kind of like pushed

1:01:39down the road.

1:01:40>> Um I would have to

1:01:42I'd have to really dig around and see

1:01:43what's

1:01:44>> I feel like it'd be helpful to have some

1:01:46like when we get to that section we can

1:01:48say like, "Oh, wait. What did the

1:01:49housing committee say about

1:01:51wastewater, you know?"

1:01:53>> Yeah.

1:01:53>> Um

1:01:55>> Yeah, I guess I hadn't appreciated

1:01:56>> our own memories.

1:01:57>> that we still had some issues left on

1:01:59the table after that by the regulations.

1:02:01It could be. Yeah, I I I believe so.

1:02:03Yeah, I think there was a a larger

1:02:05matrix.

1:02:06>> Yeah, we moved through and we didn't

1:02:07address all of the topics at the time.

1:02:09>> Yeah, we did interim changes. I can I

1:02:12can try to find that matrix and send it

1:02:14back out.

1:02:15>> The low-hanging [snorts] fruit I thought

1:02:16we dealt with.

1:02:17>> Yeah, that was Yeah, that one was

1:02:19>> higher fruit

1:02:20>> [laughter]

1:02:22[clears throat]

1:02:26>> Good memory.

1:02:31>> Yeah, cuz there are there are a number

1:02:32of other things that we did have on

1:02:34that. I know the access permits have

1:02:37been an issue. They've been a nightmare

1:02:38for us since it's been there for curb

1:02:41cuts, the location of curb cuts. And

1:02:43we've said this just has to get

1:02:46changed. And there are a number of

1:02:47alternative ways we could do it. But we

1:02:49just have to go through and say cuz

1:02:50right now the rule is you you have to

1:02:52have a 100 you have to line up your

1:02:54driveway with whatever's across the

1:02:55street or and you have to have 100-ft

1:02:58separation. Well, most of our lots have

1:03:00frontages of like 80 ft. So

1:03:02every new lot, every project, everything

1:03:04you have to go to the DRB. It would all

1:03:06be administrative except you have to get

1:03:08a special approval for

1:03:11the curb cut location.

1:03:13>> Right.

1:03:13>> Which

1:03:14really comes down to the opinion of the

1:03:18um engineering department looking at it

1:03:20and saying, "Yeah, that's a safe

1:03:21location to put that."

1:03:22>> Right.

1:03:23>> But we still have to have a public

1:03:24hearing. It gets opposed. That's what

1:03:25gets appealed to court. And you're like,

1:03:28"If we just change the rules that make

1:03:29this an administrative permit, then

1:03:33we can avoid a lot of headaches."

1:03:35>> Mhm.

1:03:37>> So yes. Yeah, we have we did have in the

1:03:39list a number of a number of those types

1:03:41of quick edits.

1:03:42>> Okay.

1:03:43>> So Mike, you're going to go back and

1:03:46go through the

1:03:47>> Well, at least find the old matrix that

1:03:49we had and just send that out so that

1:03:51way we can look. There should be a bunch

1:03:52of things classified as this change was

1:03:54made. Um

1:03:55>> Yep.

1:03:56>> Right.

1:03:56>> I mean, for for Sheamus's benefit or for

1:03:58anyone in the public, the the really

1:04:00goes through and um it'll have a a

1:04:04number and it'll have a public comment.

1:04:06And then it'll say, "What was the

1:04:08staff's recommendation?" So sometimes

1:04:09the staff says, "Well, we agree. We

1:04:11agree with that public comment. That

1:04:13absolutely should be made." Then it goes

1:04:14to the planning commission comment and

1:04:16the planning might say, "We voted yes on

1:04:18this."

1:04:18Um or it might say, "This is being held

1:04:21till

1:04:22the next adoption."

1:04:25So it's it's a big

1:04:27We call it a matrix. It's a big Excel

1:04:29spreadsheet, really, that's color-coded.

1:04:38>> And for

1:04:39big city planning zoning updates, it

1:04:41could be

1:04:42400 lines long.

1:04:44>> Yeah.

1:04:44>> [laughter]

1:04:45>> It gets It gets unwieldy. Yeah.

1:04:47All right. So Mike will go into the down

1:04:49to the catacombs

1:04:52>> [laughter]

1:04:52>> and find the old

1:04:53>> it's the um

1:04:55May 13th, 2025.

1:04:58>> Look at this.

1:05:02>> [laughter]

1:05:04>> Good thing the internet's back.

1:05:07>> So maybe

1:05:08>> Thanks, Leah. That's

1:05:09>> Maybe start there. May 13th, 2025. But

1:05:12>> I wasn't that long ago.

1:05:14>> And maybe there's something more recent.

1:05:16I don't know.

1:05:18>> [snorts]

1:05:22>> Any other discussion on this

1:05:25agenda item?

1:05:27Okay.

1:05:28Great.

1:05:30Uh

1:05:31now on to the main event, which is the

1:05:33continuation of the discussion on

1:05:35revisions to the United United I'm

1:05:37sorry, unified development regulations.

1:05:40And this is resumption of we had started

1:05:42to talk about changes to chapter two.

1:05:46Um and we're going to have resumption of

1:05:48that review.

1:05:49>> I just wanted before we started, Mike, I

1:05:51remember at our last meeting

1:05:53there was some discussion about whether

1:05:55or not the

1:05:56staff was going to be able to put pen to

1:05:58paper and draft some

1:06:01potential

1:06:03language that Okay. Am I Am I

1:06:06misremembering that?

1:06:07>> No, yeah. We were wait We were waiting.

1:06:08That was the question with Gabe was

1:06:11if we got some direction, we could start

1:06:13making some redlines. Of course, I was

1:06:15on vacation last week, so I haven't done

1:06:18much.

1:06:19>> No, I I I recall we didn't We didn't

1:06:21>> And then we decided not to, so we were

1:06:22like, "That's great. I'm going to be

1:06:24busy. I'll I'm going to be on vacation

1:06:25anyway."

1:06:26>> I remember the vote I remember the vote

1:06:27that we had about

1:06:29sort of scrapping the

1:06:31architectural standards and whatnot, but

1:06:32I don't remember the other piece, so.

1:06:34Yeah, great. So, we are

1:06:37>> So, I did print out some copies of what

1:06:39exists today in our zoning regulations

1:06:42in chapter two. They're over there.

1:06:44They're about 20 pages long through 25

1:06:46pages long.

1:06:48So, that way we can you can put eyes to

1:06:50what our current districts kind of look

1:06:53like.

1:06:54Um

1:06:55so, you know, they'll have a purpose to

1:06:57have neighborhood descriptions.

1:07:00They There's a use table, which is

1:07:02somewhere else. Don't worry about that.

1:07:04Then there's dimensional standards that

1:07:05are in there and architectural standards

1:07:08and in some cases some cases river front

1:07:10standards.

1:07:11And this is where we've got all the

1:07:13different requirements for what are the

1:07:15front setbacks, what's the parcel size

1:07:17minimum, what are the frontage coverage

1:07:20floor area ratio

1:07:22height requirements.

1:07:24So there are just a number of

1:07:26requirements in there and so the

1:07:27question starts coming up.

1:07:30Um

1:07:31we have had conversations of

1:07:34do we want to keep or not keep the

1:07:37neighborhoods? We currently in our maps

1:07:39have neighborhoods. So we don't have to.

1:07:42Most places don't. But when we initially

1:07:45developed the zoning in 2016

1:07:48we

1:07:49um we

1:07:51our consultant spent a lot of time going

1:07:54through and actually identifying on the

1:07:56map things that look the same, things

1:07:59that look similar. So all the parcels

1:08:00that looked at similar size started

1:08:02drawing lines around them and basically

1:08:04broke the city into 54, 52

1:08:07neighborhoods.

1:08:09And kind of said, all right, now what is

1:08:11what are each one of these pieces

1:08:14what are the minimum lot sizes? So that

1:08:16way we could right size our zoning.

1:08:20Prior to our adoption in 2018 about 50

1:08:24to 60% of our city was non-conforming.

1:08:28So we have a great city, but you

1:08:30actually aren't allowed to build it.

1:08:32So our

1:08:34goal in 2016 when we were working on

1:08:36this 2014, 15, 16 and eventually it was

1:08:39adopted.

1:08:40The public hearing process was in 2017.

1:08:43Um so during that what we were trying to

1:08:45do is to go through and break the town

1:08:47break the city into little pieces

1:08:49find out what it should be and then put

1:08:51pieces together to go through and say,

1:08:52hey look um this this this this and this

1:08:56are all about the same.

1:08:57Let's make a zoning district that's RES

1:08:593000.

1:09:01Um and they kept the neighborhoods and

1:09:03just drew a circle around it and said,

1:09:04"That's res 3,000." And hey, over here,

1:09:06these are also res 3,000. And these over

1:09:09here are res 1,500. And we built out a

1:09:11map

1:09:12using

1:09:13you know, that that as the starting as

1:09:15the base. So, we started out with this

1:09:18these various neighborhoods. Um,

1:09:22and so, we kept them

1:09:24um, and wrote out descriptions. Now, the

1:09:27comment that has come out since 2018 is

1:09:29that these are all really describing the

1:09:31way things are today, not how we want

1:09:34things to be in the future. So,

1:09:36um,

1:09:37we have two options. One is to

1:09:40eliminate the neighborhood character. We

1:09:42would probably still have a section that

1:09:43would probably be district character.

1:09:45And say, "What is our future?" And then

1:09:48can then make it a future-based thing.

1:09:50Otherwise, other uh, the other option is

1:09:52to keep the neighborhoods. We might have

1:09:53to adjust the boundaries to match our

1:09:55new

1:09:56um, map that we have. But,

1:10:00we could keep the neighborhoods and then

1:10:02simply, um,

1:10:04adjust each one of the languages in

1:10:06those. So, there a couple of options.

1:10:09The character of the neighborhood really

1:10:11only comes up in a very few instances.

1:10:14Um, variances and waivers.

1:10:17If you want a waiver from the height or

1:10:19the setback requirement, one of the

1:10:20requirements is, "Well, as long as

1:10:22you're not going to impact the

1:10:23negatively impact the character of the

1:10:24area."

1:10:25In some cases, it doesn't because,

1:10:27you know, there are still three

1:10:28properties that also have that. You

1:10:31know, there are three properties on your

1:10:32street that are non-conforming. [snorts]

1:10:33So, the fact that you're now going to

1:10:35match them isn't going to make you that

1:10:37much out of character. So, we'll allow

1:10:39it as a waiver in this case.

1:10:41Um,

1:10:42conditional uses. We have We don't have

1:10:45very many conditional uses left. They're

1:10:48usually for commercial uses in those

1:10:53mixed-use residential areas. So, we have

1:10:55these mixed-use areas where we're going

1:10:57to try to balance

1:10:59commercial and residential development.

1:11:01The trick comes up is you sometimes need

1:11:03to have that evaluation. It's like, you

1:11:04can do it as long as

1:11:08your business closes at 6:00

1:11:10because we're not going to let you

1:11:13repair motorcycles

1:11:15at 10:00 at night in a residential

1:11:17neighborhood. So, as long as your

1:11:18business is shut by this time,

1:11:21we'll allow you to have that repair

1:11:23business there. So, those are the

1:11:24conditions that you can put into a

1:11:26conditional use. Um and usually it's to

1:11:28protect the neighborhood character

1:11:31because conditional use has three three

1:11:33requirements, traffic uh impact on

1:11:37municipal facilities and services, and

1:11:39character of the area. And so, that's

1:11:41we've tried to get these ones like um

1:11:45if you want a a fourplex that you need

1:11:47to have conditional use, we've said no.

1:11:49We've gone through and removed all

1:11:50those.

1:11:51Um we've reached a point that really

1:11:53it's just these ones where we're trying

1:11:54to balance those commercial uses in

1:11:57mixed-use districts.

1:11:58Um

1:12:00or [clears throat] something that's just

1:12:01particularly

1:12:02um

1:12:03a big use that we're like, we we can

1:12:05allow this, but only in certain

1:12:07circumstances, and that's what the

1:12:09conditions will dictate.

1:12:12Um so, that's why you need to have the

1:12:14character and needs to be described

1:12:16because the development review board is

1:12:17going to look for something. They're

1:12:19going to like, we've got to evaluate

1:12:20character, and and we don't have any

1:12:22guidelines.

1:12:23So, having a description said this is

1:12:25the character of this neighborhood, they

1:12:26can then reflect back and say, "Okay,

1:12:29this new proposal really doesn't

1:12:31conflict with what's described here."

1:12:34>> Can I ask a clarifying question?

1:12:35>> Yep.

1:12:36>> Um so, if that were eliminated,

1:12:39character of the neighborhood, those

1:12:40descriptions,

1:12:42that wouldn't

1:12:44touch like

1:12:46dimensional standards, or, you know, if

1:12:49we were to describe character of a

1:12:51district, It's not like turning things

1:12:54completely wild west. It's just kind of

1:12:57one level of simplification.

1:12:59>> Yeah, it's just yeah, it's one level of

1:13:01simple simplification. That's a good way

1:13:03of of looking at it.

1:13:05Um

1:13:06like I said, if we get rid of

1:13:07neighborhood character, we would still

1:13:09have to have

1:13:10the

1:13:12um

1:13:14the the district character and we would

1:13:16just go through what is the character of

1:13:18the urban center one district as opposed

1:13:20to the three neighborhoods.

1:13:22>> And and we'll need that as as sort of

1:13:25mandated, not sort of as mandated in

1:13:28statute by the state. You have to have

1:13:30character of the area

1:13:31in your zoning regs.

1:13:33>> If you have if it appears in s-

1:13:36if you have conditional uses, which we

1:13:38do,

1:13:38>> Yeah.

1:13:39>> then you have to have um

1:13:41some guidelines.

1:13:45It it doesn't specifically say in

1:13:47statute you have to define character of

1:13:50the neighborhood.

1:13:51But case law

1:13:54says you have to have enough guidelines

1:13:58for an applicant and the reviewer to be

1:14:01able to reasonably as- determine and

1:14:04assert what whether they meet or don't

1:14:06meet the requirements. There has to be

1:14:07something in there that you can start

1:14:10pointing to. In a few places,

1:14:12uh

1:14:13JAM Golf is probably the biggest case

1:14:16court case that came out probably around

1:14:182006.

1:14:20And that was one that just had it that

1:14:21was

1:14:23specific to scenic.

1:14:26So, they had a South Burlington had a

1:14:28scenic requirement that said, well, you

1:14:31you've got to, you know, you can't be

1:14:32unsightly or something like that. And

1:14:34the courts threw it out. It said vague

1:14:36for void for vagueness because it just

1:14:38wasn't There's not enough there for the

1:14:40applicant or for the reviewer to

1:14:42determine whether or not you meet the

1:14:44the scenic requirements. Um

1:14:48This is this kind of goes the same way.

1:14:50>> Like would dimensional standards and,

1:14:54you know,

1:14:55hours of business, like you were

1:14:57describing,

1:14:59would that be sufficient legally? Like

1:15:01does it have to be kind of aesthetic?

1:15:05Like

1:15:07because we're talking about like I I

1:15:09understand the the legal premise, I

1:15:11think.

1:15:13But

1:15:14you know, couldn't you evaluate by a

1:15:17more streamlined and more objective set

1:15:20of criteria?

1:15:22>> If we could come up with objectives, now

1:15:24they're they still have to meet the

1:15:27um dimensional requirements. Except if

1:15:29they're applying for a waiver, but then

1:15:31you're you're back to looking at how is

1:15:33it going to impact the character. And it

1:15:35it is subjective. So, you don't have to

1:15:38be purely objective in your regulations.

1:15:41If you are purely objective, you can

1:15:43make those administrative permits. And

1:15:45that's what we've tried to do. That's

1:15:46why, you know, one of the comments is

1:15:48like we have very thick, detailed sets

1:15:51of regulations. Well, we also have made

1:15:53it very administrative. And to make it

1:15:55administrative, we have to have those

1:15:57details for Meredith to be able to go

1:15:59through and say, you know, landscaping,

1:16:01we have administrative site plan

1:16:03approval.

1:16:04In the past, those used to all

1:16:06automatically go to the DRB. There was

1:16:08no

1:16:09administrative site plans. Everything,

1:16:11if you're anything bigger than a duplex,

1:16:12had to go to the DRB.

1:16:15Um regardless, so you could even if you

1:16:17said um so the the two ways the two

1:16:20fastest ways to get to the DRB in the

1:16:22past were um

1:16:25a project greater than two had to have a

1:16:27site plan.

1:16:29And therefore you'd have to go to the

1:16:30DRB.

1:16:31And conditional uses would have to go to

1:16:33the DRB.

1:16:34So, the more we can make them permitted

1:16:36uses and

1:16:38um we now have a threshold of six units.

1:16:41So, anything six or less, we now have

1:16:43administrative site plan rules for. And

1:16:46we now also have administrative

1:16:48subdivision rules for. So, we've made a

1:16:50lot of these administrative, but to do

1:16:52that, we have to add meat to the bones,

1:16:54so we have objective standards in there.

1:16:57Uh and then we kind of leave this other

1:16:58layer of subjective standards, which are

1:17:00perfectly fine to have subjective

1:17:02standards, but you have to have enough

1:17:03guidelines and enough in there

1:17:06for the court and for applicants and for

1:17:09the reviewers to be able to point to and

1:17:11say, "If I'm going to deny this, I need

1:17:13to

1:17:15you know, if I'm going to deny this data

1:17:16center, I got to be able to put my

1:17:18finger on that's why we can deny it."

1:17:21>> Right. So, in this instance, I mean, we

1:17:23use we use the neighborhood descriptions

1:17:26to provide the DRB with with the

1:17:29character of the neighborhood or

1:17:30whatever you want to call it. We use

1:17:31that as the basis That's the DRB's basis

1:17:34for making the

1:17:35determination. But, I guess the question

1:17:37that I have is this

1:17:39the

1:17:40character of the neighborhood sort of

1:17:42construct

1:17:44that is rooted in what?

1:17:46It's not statute,

1:17:48right?

1:17:51>> Specifically, the verbage character of

1:17:53the neighborhood

1:17:54>> No, the the verbage Yeah, literally

1:17:57Yeah, literally in conditional use, the

1:17:59third standard of conditional use, if

1:18:00you were to look in statute, says

1:18:02character of the

1:18:03>> It is Okay, that's what I'm asking.

1:18:05Character of

1:18:05>> Uh character of the area.

1:18:06>> Character of the

1:18:07>> Character of the area

1:18:08>> area is what is

1:18:09>> I needed to clarify that's why I was

1:18:10getting a little confused.

1:18:12>> Yeah, by statute, it's character of the

1:18:13area. We defined area as neighborhood.

1:18:16We could also define area as district.

1:18:19>> That's that's helpful. All right, I was

1:18:20getting a little sideways, but

1:18:23>> So, I'm curious

1:18:25if people are open to eliminating the

1:18:27neighborhoods,

1:18:28>> [snorts]

1:18:29>> but then also, remember Tim had this

1:18:31idea of permissive zoning?

1:18:34If we open up the character of the

1:18:36district and use this permissive zoning

1:18:38language. Um

1:18:41So, instead of it becoming a way to hold

1:18:43back projects, it's a way to move

1:18:45forward projects.

1:18:47You know, um

1:18:50My husband often jokes about tall ugly

1:18:52buildings. He's like, I am the tall ugly

1:18:54building party.

1:18:56>> [laughter]

1:18:57>> But, that's the kind of thing like, what

1:18:58if urban center one becomes

1:19:02permissive to tall buildings and this is

1:19:04where we want infill development and we

1:19:07see this as being a dense walkable

1:19:11I don't know

1:19:13how many

1:19:15square feet is it, you know?

1:19:18If we [snorts] lay it out, this is the

1:19:20goal is to have

1:19:22you know, a five-block walkable area

1:19:25with infill housing

1:19:27and dense residential development.

1:19:30>> [snorts]

1:19:30>> You know, make it

1:19:32proactive instead of

1:19:35pointing backwards saying that we are

1:19:36trying to preserve historic integrity.

1:19:39>> The The only way that I've seen

1:19:42character of the neighborhood or

1:19:42character of the area I'll I'll I'll

1:19:44just talk about up here because that's

1:19:45where I've experienced it. The only way

1:19:47I've experienced it is

1:19:49as uh is in the appeals process and

1:19:53that's it.

1:19:54As a way to point to say, this is in

1:19:58your zoning regulations. It says this is

1:20:00the character of this neighborhood. And

1:20:02so, because of that, that is a often

1:20:04opportunity to appeal this particular

1:20:06project. Um

1:20:08so, [clears throat]

1:20:10I'm fully on board.

1:20:11>> [laughter]

1:20:12>> But then, I mean, we I think most of us

1:20:14agreed to get rid of the neighborhood

1:20:15descriptions.

1:20:17>> Well, we did, but we took a vote at the

1:20:19last meeting and it and it failed.

1:20:22>> Well, there's there's a lot more in the

1:20:23motion. It was to get rid of the

1:20:24neighborhood. Yeah.

1:20:26>> I think that vote was largely predicated

1:20:28on just you just hadn't had a

1:20:30>> No, I know.

1:20:31I know, I just wanted to get we are.

1:20:32Yeah.

1:20:33>> [laughter]

1:20:34>> Yeah.

1:20:35I mean I

1:20:37I mean I like the idea of like, you

1:20:39know,

1:20:40changing the descriptions of the of

1:20:42whatever the area unit

1:20:44that we're going to [clears throat] use

1:20:45to be more permissive and I think it's

1:20:47just yeah

1:20:49And I guess it's just sort of step one

1:20:51is is

1:20:53does this group I I pose this question.

1:20:56Does this group agree that the current

1:20:58way that the description the

1:20:59neighborhood descriptions that reflect

1:21:02the status quo

1:21:04of what the neighborhoods are at the

1:21:06time of this drafted

1:21:08do we want to do away with that like a

1:21:09description of how things are and move

1:21:13to something different without

1:21:15identifying what that is. Um

1:21:17Is I mean is that a general sense of the

1:21:19group?

1:21:20>> Yeah.

1:21:20>> Okay.

1:21:21>> I'd say so. I mean

1:21:22to just kind of try to move this along a

1:21:24little further then you just say

1:21:27Do

1:21:29Okay. Um

1:21:31>> Because what I'm hearing is that we need

1:21:34to have some type of description.

1:21:36There's no getting around it. We can't

1:21:37just

1:21:38not have a character of the area or

1:21:41neighborhood.

1:21:41>> But it seems like there's a clear

1:21:43opportunity for both simplification and

1:21:46like promoting more permissive

1:21:50descriptions while still meeting like

1:21:52the legal requirement that Mike has

1:21:54described.

1:21:56>> So

1:21:57let's just hypothetically say that the

1:21:59alternative if we say we scrap the

1:22:01neighborhood descriptions we move to

1:22:03something else

1:22:05and this is again I'm not necessarily

1:22:07saying this is what it should be but

1:22:08let's say we we

1:22:11move to

1:22:12dis- districts a district-wide

1:22:14description of the separate districts

1:22:17and then

1:22:18we really think critically about what it

1:22:20is we want to occur in those districts

1:22:23over the next 20, 30, whatever the

1:22:26whatever the horizon is that we decide.

1:22:29Um

1:22:31and I as I'm thinking about this is

1:22:33I think it's important for us to develop

1:22:35maybe a set of

1:22:37criteria that we want each district to

1:22:40address.

1:22:41Like what sort of like sort of economic

1:22:43activity would do we want there? What

1:22:45sort of

1:22:46um you know, residential traits do we

1:22:48want in these certain in this sort of

1:22:51>> [clears throat]

1:22:52>> uh

1:22:53if we have certain thoughts about what

1:22:55you know, like an urban

1:22:57like an urban center one, like do we

1:22:59want to focus [snorts] and make sure

1:23:00that we focus on like opportunities for

1:23:02infill development.

1:23:04Um

1:23:05you know, thinking of things like we

1:23:07know that there is a fairly large

1:23:10federal building that may or may not be

1:23:12developed at some you know, thinking

1:23:14about those things and I just

1:23:15um

1:23:16I think it's just an exercise like this

1:23:18is to

1:23:19maybe helpful to try to establish a set

1:23:22of

1:23:23at least a framework of kind of like the

1:23:25criteria that we want to address in each

1:23:27one of these descriptions so that we can

1:23:28be consistent across each one of these

1:23:31district descriptions if that's what we

1:23:32end up doing.

1:23:33Um I don't have the answer to that. I'm

1:23:36just putting that out there as an idea

1:23:37for the group to think about how we want

1:23:39to structure this stuff because

1:23:41I get the sense that we are generally in

1:23:43agreement with scrapping what we have in

1:23:45terms of the neighborhood descriptions

1:23:47and replacing it with something

1:23:50more forward-looking and I'm just trying

1:23:52to think of ways to

1:23:54get our heads together to think about

1:23:56how we want to do that before we start

1:23:58putting ideas out there for separate

1:24:01>> And I would say like along with those

1:24:03criteria that you just outlined, like if

1:24:06we can try and optimize for procedure as

1:24:10Mike what's described. Like if there are

1:24:12objective criteria that will help more

1:24:15things be administrative, like

1:24:18there's also the procedural objective in

1:24:21the rewrite, not just kind of the

1:24:24objective of the area.

1:24:26>> And the housing forward sort of

1:24:28objective. We talked about mixed use,

1:24:31you know, making sure that if we say,

1:24:32"Hey, it's mixed use, but we can also

1:24:34kind of put language in there to promote

1:24:36housing and not just have, you know,

1:24:39some national chain come in, you know,

1:24:41cuz it's also allowed." Can I clarify

1:24:44with everybody else?

1:24:45When we're talking about districts, is

1:24:48everybody else thinking zoning

1:24:49districts? Okay.

1:24:52>> Yeah, that's why I didn't

1:24:54cuz I wasn't sure about that.

1:24:57I was like, "Whatever unit we want to

1:24:59use."

1:24:59>> Okay, I was Yeah, so I was like, "I

1:25:01don't know if people mean like the

1:25:03northern district or the you know, but

1:25:05okay."

1:25:05>> Right.

1:25:06>> We're all thinking

1:25:07>> Um

1:25:10Yeah, I'm not trying to hijack this

1:25:11process or anything. I'm just trying to

1:25:13figure out ways to

1:25:15kind of structure this discussion going

1:25:16forward and

1:25:17um

1:25:18>> Yeah, I think there'll be some

1:25:19discussion within the character of the

1:25:22district that we'll talk about how

1:25:24things are now. I mean, if you're

1:25:25talking about Urban Center 1,

1:25:27um you are going to talk about, you

1:25:29know, this area does have flood hazards

1:25:31and therefore any new development is

1:25:33going to be having to address the

1:25:34elevation of this and how it and and you

1:25:37know, [snorts] and any

1:25:40you know, there is a historic district

1:25:41here and what does that mean

1:25:44for the redevelopment. [clears throat]

1:25:46Now, we have a lot of non-contributing

1:25:47buildings that can obviously be removed,

1:25:50but we have to have a little bit of of

1:25:53meat in there because that's where it's

1:25:54going to come in when when it hits

1:25:57the DRB is when somebody's trying to

1:25:59demolish a building or when somebody is

1:26:01trying to build something new, it's

1:26:03going to be like, "Well, you know, we

1:26:05have

1:26:06we have design review standards that

1:26:07will address these other issues, but

1:26:09within the character of the area, we

1:26:11want to recognize that there are flood

1:26:13hazards and these buildings are going to

1:26:14have to be elevated and

1:26:17the rest of the buildings aren't

1:26:18elevated. So, we can't go through and

1:26:19say, "Well, you can't look like that

1:26:21because you're going to have to look

1:26:23like that because that's that's our

1:26:25reality and that will be our reality

1:26:26going forward." So, there's going to be

1:26:27a little bit of this probably an intro

1:26:31of each neighbor of each district if we

1:26:33went with the district level would kind

1:26:34of talk about

1:26:36what is here, what's the potential out

1:26:38there, and what do we want to see or

1:26:40what would we hope to see as you know,

1:26:42kind of a maybe a three-step way of

1:26:44looking at

1:26:46What are the things cuz if we're talking

1:26:47mixed mixed-use residential, too. One

1:26:50thing that jumps out to me at the

1:26:51existing condition is there's a lot of

1:26:52potential

1:26:54development. There's a lot

1:26:56National Life has a lot of vacant land.

1:27:00You know, portions of Sabin's pasture

1:27:03and these other places where all these

1:27:04places that we've talked about um

1:27:07have potential for infill.

1:27:10That you're like there's this is a this

1:27:11is a district that we expect over the

1:27:13next 20 years to accommodate a

1:27:15tremendous amount of new growth

1:27:17because

1:27:18it's just has a lot of undeveloped space

1:27:22or under developed space that could be

1:27:24redeveloped in

1:27:26you know, and I think that's what we

1:27:27would want to see in these various

1:27:28districts. But we just we're going to

1:27:30have to spend some time and I'm going to

1:27:31probably lean on someone or some

1:27:34couple people to help write through

1:27:37those so that way we can avoid a lot of

1:27:40back and forth. If I've got Maria or

1:27:42somebody else to work with kind of go

1:27:44through and do a first cut on these then

1:27:46it'll probably save some time.

1:27:49Kind of reaching

1:27:51reaching a a good compromise position

1:27:53with where you guys are at.

1:28:04So, I don't know if we need a vote, but

1:28:06do we want to kind of lean towards

1:28:08district [clears throat] over

1:28:09neighborhood as the direction?

1:28:13>> Hold on a second. I

1:28:17Uh

1:28:19let's

1:28:20do this. I feel like we

1:28:24Do we feel like we're already on a vote

1:28:27to

1:28:28about whether or not to scrap

1:28:30the neighborhood the the description the

1:28:32neighborhood descriptions as they exist

1:28:33in the regs right now.

1:28:35>> Yes.

1:28:36>> Do we have a motion to do that?

1:28:39Understanding that we're going to have

1:28:41to figure out an alternative.

1:28:43So, we can we So, we can either do it

1:28:44this way. We can either have that vote

1:28:46right now and then discuss about what

1:28:47the alternative is or we come up with

1:28:50the alternative and then have a group a

1:28:53vote on that does both

1:28:56scrapping

1:28:57the current

1:28:58uh

1:28:59descriptions and replacing it with what

1:29:01we decide.

1:29:02>> I personally think we should have a vote

1:29:05and sort of have resolve in that space

1:29:07and that gives that's that begins to

1:29:09give some direction to the planning

1:29:10department about what is getting

1:29:14removed. Uh we know that something's

1:29:15going to go back into it, but I think

1:29:18it's I think it's an important part of

1:29:19the process to

1:29:21you know, there's been so much talk over

1:29:22the past handful of years about how

1:29:25extensive our our our zoning regs are. I

1:29:27know that Mike has explained this

1:29:29countless times about why and at the

1:29:31same time where we can sort of um

1:29:34honor that that that thought that idea

1:29:37and

1:29:40remove some pieces that

1:29:43go a little bit

1:29:44uh in a direction well, and we want to

1:29:46go in a different direction. I think we

1:29:47should do that.

1:29:49>> Yeah, and I think like

1:29:51you know, we're going to have to put in

1:29:52work [clears throat] to decide what new

1:29:54content goes in, but irregardless of

1:29:57what that ends up being, there's virtue

1:30:01in the simplification.

1:30:03>> Okay.

1:30:04>> How much more discussion do you think we

1:30:05need to have about

1:30:07doing a district level

1:30:10I'm just wondering why we can't have a

1:30:13motion that includes

1:30:15scrapping neighborhood

1:30:17character descriptions to be replaced by

1:30:20district level descriptions.

1:30:22>> Well, I think that's a that's a good

1:30:23question. I think but

1:30:25would that just be part of the vote and

1:30:26we don't move forward with

1:30:28what that language yet?

1:30:31>> Right. We we we will have to

1:30:34draft that language.

1:30:36>> Yeah.

1:30:37I'm just I'm just putting out there the

1:30:39question of whether or not we want to

1:30:41vote to do this thing that it seems like

1:30:42we all agree on without having an answer

1:30:44for what this what the

1:30:46replacement will be.

1:30:48It sounds like there's an appetite to do

1:30:50that.

1:30:51>> Yeah.

1:30:51>> So, if there's a motion

1:30:55someone can make that motion.

1:30:57>> I would move to uh

1:31:01remove neighborhood character

1:31:02descriptions from our

1:31:05current regulations and um

1:31:08begin the process

1:31:11of developing district level

1:31:14uh

1:31:15descriptions.

1:31:17>> And just to put a fine point on it, do

1:31:18you have a sense of what district Can

1:31:21you define what a district is?

1:31:24>> Uh uh zoning district level.

1:31:28>> Okay.

1:31:29Hey, we have a motion on the

1:31:32floor. Do we have a second?

1:31:34>> I'll second it.

1:31:35>> Tim seconds it. Do we have any

1:31:37additional discussion on this motion?

1:31:42All right, we have a motion to scrap the

1:31:45neighborhood level descriptions and

1:31:47start work on zoning district level

1:31:50descriptions to replace them,

1:31:53which will be determined as we move

1:31:55forward.

1:31:57All those in favor of doing that, please

1:31:59say I.

1:32:01>> I.

1:32:01>> I.

1:32:02>> I.

1:32:03>> Any opposed?

1:32:08Great.

1:32:10Eyes have it.

1:32:11>> [clears throat]

1:32:13>> Um

1:32:17Now that we've done that, do we want to

1:32:18talk about

1:32:21this some more to start forming up what

1:32:24we want those district level We just had

1:32:26a bit of a discussion. I think Mike's

1:32:28sort of three-pronged approach is a good

1:32:29one. We we can keep having that

1:32:31discussion or

1:32:33we can move on

1:32:34to another issue that was put on the

1:32:36table of our last meeting, which was the

1:32:39getting rid of the architectural

1:32:40standards as well.

1:32:42Um

1:32:44do we have a

1:32:45preference for what to do?

1:32:47So, I do not.

1:32:49>> Well,

1:32:51and I would be happy to take a first

1:32:53crack at the district descriptions.

1:32:56Um

1:32:57only because from working on the city

1:33:00plan, we know that it's easier to

1:33:02critique something if it's in front of

1:33:03you versus like

1:33:06I don't know, hypothesize into the

1:33:07ether, you know? I think if I draft

1:33:09something, then we can actually have a

1:33:11discussion

1:33:13about whether

1:33:14people agree with

1:33:17that direction or not.

1:33:18>> So, you're volunteering to draft

1:33:22district descriptions?

1:33:23>> descriptions.

1:33:24>> Uh there's a lot of colors on that map,

1:33:26aren't there?

1:33:27>> There are.

1:33:28I would accept

1:33:29>> It should be easy considering that

1:33:32uh

1:33:32>> They're unchanged.

1:33:33>> Yeah, there's a couple of them that are

1:33:36um

1:33:37one of them is a urban residential over

1:33:40in which only had one neighborhood

1:33:41anyways. Probably pull that out.

1:33:44>> Yeah, there's a couple of them.

1:33:45>> also be that if you feel like your

1:33:46bandwidth constrained, you could do it

1:33:48for a few so we get kind of like the

1:33:50structure and criteria. And then once we

1:33:52agree like this is what content

1:33:55format we want in a description then we

1:33:59could further share the load of like the

1:34:01actual descriptions for all of them.

1:34:04>> [clears throat]

1:34:06>> Yep.

1:34:08If anyone else wants to do it with me.

1:34:12>> [laughter]

1:34:14>> Then

1:34:14>> Maria, yeah, if we can if we can find a

1:34:17time to meet or

1:34:19and work on it that would be

1:34:20>> That would be great, Sean.

1:34:21>> That would be great.

1:34:25Yeah, cuz I I expect we've obviously

1:34:27been doing public input sessions on our

1:34:30map.

1:34:32But I don't I didn't get any sense from

1:34:35any of the input that

1:34:37we are far off

1:34:39from

1:34:40thoughts. So I I mean lines may move but

1:34:43I think we're going to have mixed use

1:34:44residential too.

1:34:47>> Right.

1:34:47>> Um but the line may adjust move here and

1:34:49there. Mixed use residential one may

1:34:51move here and there.

1:34:53Um

1:34:54but I think at the end of the day we

1:34:55have a pretty good sense of we're going

1:34:56to need a description of what this

1:34:58district is or what we hope it will be

1:34:59in the future. So

1:35:01>> What about Country Club Road? Do you

1:35:03want to hold off on making a description

1:35:05or are we

1:35:06keeping

1:35:06>> Proximity being here, right?

1:35:09The urban residential Yeah, the other

1:35:11part of Country Club Road was

1:35:13residential three which is

1:35:15now high density residential.

1:35:17>> Okay, cool.

1:35:19And so we'll just have to use that exact

1:35:21same

1:35:23Yeah, for the time being.

1:35:24>> Yeah, that's That's a little bit of the

1:35:25trickier part is cuz it's a little bit

1:35:26more general now. Um so while we're

1:35:29writing a district description for

1:35:31residential three or high density

1:35:33residential, we're going to be writing a

1:35:35district description that includes St.

1:35:38Paul Street

1:35:40and Loomis and also Country Club Road

1:35:44that's undeveloped. So we kind of have

1:35:46to

1:35:47we can't be as specific but again I

1:35:49again I think our goal was to you know

1:35:52and we may acknowledge that in the high

1:35:54density say most of this is already

1:35:56developed and we're looking at infill,

1:35:57but there are new

1:36:00urban residential or there are new high

1:36:02density residential areas that are also

1:36:05undeveloped and in those areas we would

1:36:07expect this.

1:36:08>> Right.

1:36:08>> So.

1:36:09I think there are ways of working that

1:36:11in. We just have to look at the map when

1:36:12we're writing the description to make

1:36:14sure we're kind of covering all of

1:36:16what's out there.

1:36:19>> And by we?

1:36:20>> By we,

1:36:21>> [laughter]

1:36:21>> by we that's that's you.

1:36:23>> Yeah.

1:36:24Me and Shawn.

1:36:29>> Um, well thanks for volunteering to do

1:36:30that.

1:36:33And obviously don't feel

1:36:35like you need to do them all.

1:36:37>> Well, I mean I have no idea

1:36:38>> Yeah, yeah, yeah. I just I don't I don't

1:36:40even know what the project would be.

1:36:42Um.

1:36:43Great.

1:36:45Uh, do we What time is it?

1:36:47>> 7:19.

1:36:48>> [snorts]

1:36:49>> Uh, do we want to have a discussion

1:36:51about the architectural standards and

1:36:53for 10 minutes or do we feel like that's

1:36:55maybe a bit too much

1:36:57to bite off right now?

1:36:59>> I would like to have a conversation

1:37:01about about it.

1:37:03>> About architectural standards?

1:37:05>> Yes.

1:37:05>> Okay.

1:37:08>> Personally I think it can be relatively

1:37:10brief, but I I might be fooling myself

1:37:11when I say that.

1:37:12Um, as I understand it, well, we have

1:37:15architectural standards in here for each

1:37:17of the

1:37:18um

1:37:19different neighborhoods

1:37:22um

1:37:23throughout the zoning regs.

1:37:25And as I understand it and I believe as

1:37:28Mike has discussed in the past, this

1:37:30um

1:37:31will primarily be covered by

1:37:34the design review committee.

1:37:36Um, and that is somewhat duplicative to

1:37:38have it uh our

1:37:41architectural standards

1:37:43described in detail in the in the zoning

1:37:45regulations. Um, and so

1:37:48because of that there's an opportunity

1:37:49to

1:37:50remove them from the zoning regs as it's

1:37:52covered by the DRC.

1:37:56>> Assuming we adjust the DRC boundary.

1:37:59That's

1:38:00>> Right. And

1:38:01uh, that's a good point. Assuming that

1:38:03we adjust the DRC boundary and that's

1:38:06been in discussion

1:38:08and it's something that's forthcoming.

1:38:13We're are we not necessarily doing that,

1:38:16but we are we have talked about doing

1:38:18that. Is that right?

1:38:19>> Correct. Yeah, we it's our

1:38:22looking at some of the tier 1A

1:38:23requirements and some of these other

1:38:24pieces, uh,

1:38:26we have

1:38:28we found that the design review

1:38:30regulations work well. Um,

1:38:32and what our thought was was that we

1:38:36would continue to have the high-level

1:38:38design review that we have right now in

1:38:40that downtown core. So, it has to at

1:38:43least include the designated downtown,

1:38:45but we might expand it to include all of

1:38:48the urban center areas.

1:38:50Um,

1:38:51but right now it also goes to the west

1:38:56and goes up to National Life. So, it's

1:38:59right now a really big area and we would

1:39:01shrink that down and what

1:39:04we've proposed as staff is that

1:39:07we could have a, you know, a

1:39:10a lower-tiered, a second tier of design

1:39:13review that would only apply to

1:39:16projects greater than six units of

1:39:19housing.

1:39:21So, that way these smaller projects, you

1:39:23know, aren't going to have to go through

1:39:25design review. But, if you're putting in

1:39:27a 10-unit building, you'll have to go

1:39:28through design review, but you'll have

1:39:30to go through design review instead of

1:39:31meeting the architectural standards cuz

1:39:34we can remove those um, because our

1:39:37design review standards have generally

1:39:39been and pretty well. We've been using

1:39:41them for for a couple of years now and

1:39:44they they tend to operate well. We have

1:39:46two standards. We have administrative

1:39:48design review as well as the the bigger

1:39:50design review. So, we have ways of

1:39:53minimizing this. If something goes to

1:39:54design review and is administrative, it

1:39:56comes back to the ZA. So, in the past it

1:39:59used to be anything that goes to DRC has

1:40:01to then go to DRB for approval.

1:40:03We've short-circuited that. So, we send

1:40:05things right back. So, that way it's a

1:40:07much faster process and keeps everything

1:40:09administrative, keeps it moving. So, we

1:40:11think the design review process works

1:40:13well. Um and if we simply Usually, the

1:40:16biggest complaint we get is that

1:40:19single-family homeowners are like, "I

1:40:21don't I don't

1:40:22I don't want people telling me

1:40:25what to do on the design of my house."

1:40:28It's like, "Well, this isn't This is

1:40:29going to be really only for those things

1:40:31that are apartment buildings bigger than

1:40:32six

1:40:33and commercial projects. So,

1:40:37So, Caledonia Square it's needed design

1:40:39review. The transit center needed design

1:40:41review. The parking garage needed design

1:40:43review. These are all projects that went

1:40:44through and and got design review. It's

1:40:46not an impossible process. Um and it

1:40:49works and it and it tends to work well

1:40:51in our opinion.

1:40:54But, it would be different. It would be

1:40:55something that we would be making a

1:40:56significant change to go through and say

1:41:00areas that didn't need it like Country

1:41:03Club Road isn't in design review. Well,

1:41:06now if you're doing a 35-unit building,

1:41:09you're going to have to go through

1:41:10design review for that 35-unit building.

1:41:14So, um and we think that helps helps us

1:41:17with our

1:41:18Tier 1A application. There's a lot of

1:41:21ways to meet the Tier 1A requirements.

1:41:23This is just the one that we've kind of

1:41:24said we we think this is it's it's we

1:41:27we've met with um

1:41:31historic preservation already. Now,

1:41:33historic preservation our design review

1:41:36rules have two sets of rules, one for

1:41:37historic buildings and one for new

1:41:39buildings

1:41:40and non-historic buildings. So,

1:41:42they've the person we were talking to at

1:41:44the state was on the design was on the

1:41:47historic preservation commission who

1:41:48helped write the rules. So, she's very

1:41:50familiar with it and was able to say,

1:41:52"Yes." She was like, "I These are good

1:41:53rules um and

1:41:56it's really up to the city how you want

1:41:59to go and

1:42:00meet the tier 1A requirement, but

1:42:02this is a demonstration that you are

1:42:05looking at these requirements um

1:42:08>> [clears throat]

1:42:08>> and so that was why we we thought

1:42:10considering

1:42:11we already have what? 25 pages in our

1:42:13design review rules that to have this

1:42:18was unnecessary.

1:42:21Uh this I'm sorry.

1:42:22>> Yeah, you're good.

1:42:23>> Uh design review considerations aside,

1:42:25which I appreciate, is there

1:42:27do you see any downsides

1:42:30to otherwise taking the architectural

1:42:32[snorts] standards out?

1:42:37The

1:42:38design review

1:42:40looks at some other things, but I think

1:42:43many of them are covered like the

1:42:44pedestrian access

1:42:46um these types of

1:42:48features are kind of in there.

1:42:51Gets into some of these other things.

1:42:52The ground floor buildings shall be

1:42:53designed to complement pedestrian

1:42:55orient- oriented activities. I think you

1:42:58know, that's less in our design review,

1:43:01but I think it's captured by the site

1:43:03plan. We have site plan requirements

1:43:04that talk about accessibility and um

1:43:08those requirements. So,

1:43:11I think until we start to get in there

1:43:14and start to

1:43:15test it out, we've had very few. So,

1:43:18right now the architectural standards as

1:43:19they exist now,

1:43:21um

1:43:22if you have to go through design review,

1:43:23you're exempt from these rules.

1:43:26And these architectural standards only

1:43:29apply to major site plans. And major

1:43:32site plans are defined right now, I

1:43:34think as six or more.

1:43:37And

1:43:38only larger commercial projects. So, a

1:43:40commercial project of

1:43:45more than 2,000 sq ft. I mean, I'm

1:43:47guessing, but there's there are

1:43:49thresholds. So, a small there are some

1:43:50small commercial projects that are minor

1:43:53site plans. And we can also go through

1:43:55and have our architectural standards

1:43:57our design review standards. If we did

1:43:59our design review standards, we also

1:44:00could again

1:44:02peg that to

1:44:04major site plan as well. To go through

1:44:07and say, you know, that way small

1:44:08commercial projects, if somebody's just

1:44:10putting

1:44:11a small addition on a commercial

1:44:14building, it doesn't have to go through

1:44:17design review. But, in some cases, that

1:44:19makes a difference. So, it's one I think

1:44:22I think we can talk further once we know

1:44:24we're moving in that direction. I think

1:44:26we can start to build towards that

1:44:27direction and say, all right, here's

1:44:30what we're seeing, but

1:44:32um

1:44:35I think that I don't see any large

1:44:39um drawbacks

1:44:42from what we have right now, because

1:44:44we've had so few that have had to go

1:44:46through

1:44:47major site plan.

1:44:49I mean, when major site plan was

1:44:52we cuz we've we've moved that threshold

1:44:55up.

1:44:56Um

1:44:57we did have a couple, but

1:44:59by and large, cuz I think uh Gabe one of

1:45:02Gabe's um

1:45:03triplexes that he built had to go

1:45:05through major site plan. That was one of

1:45:07the reasons we voted to go through and

1:45:09say that doesn't make sense. This is not

1:45:11who we wanted to have go through major

1:45:12site plan.

1:45:13>> [laughter]

1:45:14>> But, because he went through major site

1:45:15plan, he had to do the solar access.

1:45:18And he had to do the architectural

1:45:20standards. And he had to do

1:45:21um

1:45:22all those other pieces.

1:45:26>> [snorts]

1:45:27>> Okay.

1:45:40>> So,

1:45:42um

1:45:45Do you just

1:45:46So, are you recommending that we or are

1:45:48you are you saying that we could just

1:45:49give direction at the moment to the

1:45:52planning department or or

1:45:54uh

1:45:56for moving forward here with changes or

1:45:58should we vote as we just did around the

1:46:01neighborhoods to do the same thing with

1:46:03the architectural standards that are

1:46:04attached to

1:46:06the neighborhoods?

1:46:11>> Well, I think if we had direction to

1:46:13know

1:46:15that we were going to eliminate the

1:46:16architectural standards

1:46:18and go to a revised design review

1:46:20process instead, um

1:46:23that would let us start to make the red

1:46:25lines that we need to do to make that

1:46:28happen.

1:46:29Um

1:46:31So, I think that's

1:46:35I mean, it's it's just a matter of of

1:46:37where cuz we're just trying to be

1:46:38efficient with our time.

1:46:40And so, we don't want to be working on

1:46:42something that eventually we say, "Yeah,

1:46:43let's not [clears throat] do that."

1:46:45Um but ultimately, if we go through the

1:46:48process, we eliminate these and we get

1:46:50to the end we're like, "You know what? I

1:46:51don't think this is going to work. Let's

1:46:53go back." Then we'll it They're they're

1:46:55They these these will all be in

1:46:58This is all in Word. We can just go back

1:47:00and hit undo.

1:47:03Undo undo deletion and it'll put it back

1:47:05in. So.

1:47:06>> [laughter]

1:47:07>> It can be We can go back. It's not

1:47:09>> You're like, "We can just revise policy

1:47:10by just hitting undo."

1:47:12>> [laughter]

1:47:14>> But it helps us to start to put

1:47:17as as Maria pointed out, it's sometimes

1:47:19easier to start to react to Once we can

1:47:21start going through and saying, "Yeah,

1:47:22these are the directions. These are the

1:47:23two big two big bites we need." Then we

1:47:26can start going through and starting to

1:47:28to redline and put things together to

1:47:30say, "This is what this looks like

1:47:32if we moved in this direction, we would

1:47:34have this looking like this, this would

1:47:35look like this. Here's what a new map

1:47:38would be." You know, we'll we'll We

1:47:39still have a question of if we did this

1:47:42design review idea,

1:47:44full design review,

1:47:46smaller design review, does the smaller

1:47:48design review cover the entire town or

1:47:51does it just cover the tier 1A area?

1:47:54Because it could make sense to have it

1:47:56cover the entire town because it's still

1:47:58only the biggest

1:48:00pieces. Um

1:48:01so, we think about because then we might

1:48:03still need some of these standards. If

1:48:05you were on

1:48:06Route 302. So, somebody goes and buys

1:48:10Fecteau's lot where he stores

1:48:13the

1:48:15mobile homes.

1:48:17Says he's just going to go through.

1:48:18Somebody buys that.

1:48:22That's not in our planned growth area.

1:48:25So,

1:48:27um

1:48:27if we don't have design review, if

1:48:29design review only covers the planned

1:48:30growth area, that would be outside and

1:48:33therefore would not have any design

1:48:34review standards,

1:48:36would we then want to keep the

1:48:37architectural standards out there or

1:48:41or if we say, "Yeah, we're just going to

1:48:42have it cover the entire area." If

1:48:44you're in the city and you're doing a

1:48:45major site plan, you're going to have to

1:48:47meet the design review standards

1:48:49>> [clears throat]

1:48:50>> even if you're out here on

1:48:52River Street.

1:48:54>> Do the design review standards change by

1:48:56zoning district?

1:48:58>> No, it's an overlay district. So, it's

1:49:00>> my concern because, well,

1:49:03I like the idea of simplifying, but I

1:49:05could see a large commercial

1:49:07building going in, say, in our

1:49:11MUR2 zone.

1:49:13And we would want that

1:49:15like

1:49:16curbside pedestrian access, right?

1:49:18Because this is like a walkable part of

1:49:19town.

1:49:20But, if the same commercial building is

1:49:23going in on 302, you would expect there

1:49:26to be a parking lot in front of the

1:49:28building. So, it's like a very different

1:49:32architectural standard,

1:49:34>> [laughter]

1:49:34>> you know, depending on the where this

1:49:36building is located within the city.

1:49:38So,

1:49:40that is the kind of thing that

1:49:43this could be useful for

1:49:45is making sure that we don't have like,

1:49:49you know, a Costco go in

1:49:52and

1:49:54across the street from Shaw's

1:49:58with a huge parking lot in front of it.

1:50:09>> This is a lovely discussion than I had

1:50:10anticipated.

1:50:11>> Yeah.

1:50:11>> [laughter]

1:50:11>> Which is a good thing. Um

1:50:14And

1:50:14>> know what I mean? Like, the standards

1:50:16are are actually different depending on

1:50:17where you are in the city.

1:50:18>> Yeah.

1:50:19Um I want to be mindful of the time, but

1:50:21it is 7:32.

1:50:23Um

1:50:24it

1:50:25sounds like we might have some more

1:50:30uh staff to chew on this.

1:50:32Um is that

1:50:32>> We could try to bring in

1:50:35either Meredith or somebody from design

1:50:37review to to talk about the standards.

1:50:40Um it might be helpful to understand the

1:50:41standards

1:50:42>> Yeah, I think that

1:50:43>> detail

1:50:44>> Yeah.

1:50:44>> before we're deciding which one you want

1:50:46which path you want to go on.

1:50:47>> Yeah.

1:50:49I think it's just hard to kind of square

1:50:50what's on the page here with

1:50:53what the actual mechanics of like what

1:50:55the zoning administrator is actually

1:50:56doing on a day-to-day basis um

1:50:59when they look at these things. So, that

1:51:01that would be really helpful.

1:51:03Um

1:51:07So,

1:51:09yeah, I don't to To

1:51:11To be continued. That that sounds good.

1:51:12Um

1:51:15So, with that, it is a little past 7:30.

1:51:17Thanks for sticking around a little bit

1:51:18later, even though we had the

1:51:20short internet outage. Uh I'm looking

1:51:22for a motion to adjourn.

1:51:24>> I would like to make a motion to

1:51:25adjourn.

1:51:28>> Second.

1:51:29>> Great. We've got a motion to adjourn and

1:51:31a second. All those in favor?

1:51:33>> Aye.

1:51:33>> Any opposed? We're adjourned. Thanks,

1:51:35everybody.

1:51:43>> [music]

1:51:53[music]