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
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
1:01:07I'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]