2026-10-08 - Planning Commission

00:06Um, our first presentation,

00:10I don't think Boston's

00:12Um, we can flip it.

00:14Let's flip.

00:16And just to provide, um, some

00:19try to figure out how we're

00:21quickly and efficiently

00:23We're going to do our

00:25Austin's here.

00:27Um, we're going to work through

00:29so that we can get you briefed

00:31working on, and we can get

00:35After that, we'll do the public

00:37hearing preview for for our 230.

00:41Rob will walk you

00:42We won't go as quickly as we

00:45it's been a little while.

00:46So I'll have them walk through

00:50then we'll go into the more

00:53for two weeks from now.

00:55If we come up against time, we

00:59we'll head upstairs to the

01:01pick back up the briefing after

01:03the public hearing

01:06Okay. All right.

01:08I think that the printer issue

01:14please pass it around.

01:17It looks like somebody loaded

01:19the wrong paper

01:21So it's very thick.

01:23It's still really

01:24Very nice.

01:28So as Bobby mentioned

01:33this is a request to initiate

01:37Another zoning

01:39I know you guys.

01:40You guys tolerate the cool new

01:44everything exciting to.

01:45I know this is what you really

01:48able to be here again,

01:51Uh,

01:53as, as always, this is a

01:56inconsistencies and Season.

01:57Omissions that we come up, that

02:01of about a year, six

02:03Although as we go, it's getting

02:07there are eight, this time

02:10four, and five of

02:12And again, to reiterate

02:16discussed here.

02:17This is all just errors or

02:20over the past eight years.

02:21Now

02:23we find less and less of the

02:25But believe it or not, there

02:28just haven't, you know, had

02:30really look at in the

02:33So I'll just go through

02:35And as always, please just feel

02:37over any of these

02:40So first, the zoning ordinance

02:43Review Board decides

02:46appropriateness when they are

02:49to the zoning administrator.

02:50It is technically a zoning

02:54And the word decide is a little

02:56misleading and

02:58It's also misleading for how

03:03in a case like that.

03:04So we just wanted to make

03:06little bit.

03:07Um, and for those of you

03:09determination of architectural

03:12simplest way to describe it is

03:16COA if you don't need a

03:18But we feel that it would

03:21architectural or the

03:25If something is architecturally

03:27for that.

03:29And it's baked into a few

03:30ordinance, but there's never

03:32really cause for

03:34So you may not know.

03:35Um, secondly, currently

03:40multifamily neighborhood school

03:44to develop an undersized lot

03:48This was a little bit of a, it

03:51came with that text amendment.

03:53I believe it was a year and a

03:56variance process to the CIP.

03:57So we're just coming back

04:01undersized lots and mfns go to

04:05single family home like they

04:09family districts, because at

04:11only be able to build a single

04:13Only undersized single family.

04:15Yep. Only undersized,

04:17Which is very common in Mfns.

04:19There's a lot of

04:22And a lot of a lot of those

04:26long time ago.

04:27They were all platted on 25,

04:29undersized lot in

04:31Um, third they use tables

04:35performance for the Marina

04:37So we came back with a, a,

04:42included a few things, but

04:45for marinas.

04:46Um, it would be easy to blame

04:49people didn't review it and

04:51update the tables.

04:52So it was a group effort there.

04:55So we're just going to go back

04:56correct that.

04:58Fourth. This is one of the true

05:01Retail goods establishment is

05:04in the pedestrian commercial

05:07That's clearly a mistake.

05:08Those are designed to be

05:11for a human being walking on

05:13their own two feet

05:15There is not a more friendly

05:19So that was clearly a mistake

05:22over from the 92 ordinance.

05:23So just going back to fix that.

05:24Yeah. In 2017 and 2018 when

05:27So this was a true mistake

05:30because of course, retail is

05:31allowed in pedestrian

05:36Uh, fifth, the zoning

05:39And this is another

05:40The zoning ordinance does not

05:43with up to nine dwelling units

05:47rental in the G one

05:50Now, G one to kind of give

05:52That's the Monticello district.

05:54So I don't know exactly where

05:57about the Frank Spicer building.

05:59And then the northern boundary,

06:03about the railroad just in

06:06between that

06:09Uh, and in most zoning

06:14vacation allowed for

06:16allowed for multifamily, any,

06:19any number of dwelling units

06:23I actually forget the, it's

06:25conditional use permit in any

06:28require conditional use permit.

06:30There's a few others.

06:31There's a list G one

06:33So we just want to make

06:35So it's treated the same as

06:38Uh next, the zoning ordinance

06:42that are considered

06:44under the Ada and the

06:45requirement for

06:47Uh, it is worth noting, we do

06:50section correctly, but not in

06:53So we're just going to

06:54Make sure that section

06:57Um, and you know, Ada, uh,

07:02for short term rentals conflict

07:05permitted for residential

07:07So currently in your

07:10you're only allowed

07:11This isn't always compatible

07:15signage that we have to put up.

07:16So the contact info that goes

07:20you know, posted near the front

07:23fence or a mailbox or

07:25Um, so we're just going to

07:282ft to 4ft to make sure

07:31allowance in order to

07:34Um, and then finally, the, this

07:38ordinance that we just

07:41The corner side yard fencing

07:43and cultural conservation

07:46Um, it currently says you can

07:49on the property line, which is

07:52And it was not that way in 92.

07:54Um, it's just it's

07:56We haven't really seen this

07:59seen has either not been right

08:02districts, or it's been

08:05So any time, you know, it's an

08:08like for like, we haven't

08:10to look at that

08:12Um, and that's the list with

08:15that, I stand by

08:16Are there any questions

08:20All right.

08:21Thank you.

08:28And I'm laying odds on whether

08:30goes up.

08:31Because usually it's now that

08:32we find 3 or 4 more

08:37So good afternoon commissioners.

08:39Um, I want to walk you

08:42development standards

08:45phase two.

08:46In the past, we've talked about

08:50I think at this point we're

08:52be done.

08:53And so I just want to talk to

08:56next with this.

08:58Specifically regarding the

09:00where we're really

09:02So just to refresh your memory,

09:06you about some deficiencies we

09:12of the development standards

09:14zoning ordinance, specifically

09:16dealing with some

09:20That's where we resulted in

09:24additions that were never quite

09:26spelled out as

09:28So that was what we had talked

09:30some unnecessary and some

09:32We also talked to you about the

09:35quotient and some thoughts that

09:39So to date, we have

09:42So in October I'm sorry.

09:43On August 25th of this year,

09:48set of amendments, and that's

09:51It's reflected online.

09:53Um, all those things we did

09:57of amendments.

09:58Um, so the next set is needed

10:01quotient, uh, and fix some

10:04things that we

10:06But we'll just, we won't talk

10:08Um,

10:10so just to, again, when we talk

10:13standards, it sort of

10:15Um, development standards

10:21that are highlighted in yellow.

10:22Those are the key changes we

10:23did in phase one

10:28We took those um or not

10:32We took those out and put them

10:34in better places

10:36So we now have a

10:38We can use for something later.

10:39And then 5.1 used to be what we

10:42We took a lot of those

10:45them to a more appropriate

10:47we replaced it with a new

10:49additions and site improvements.

10:51So now the next is to look

10:56So today the resilience

11:00is required of all new

11:02development substantial

11:05Um it is so so new single

11:11building, new commercial

11:15um, substantially

11:18All of these things require to

11:21one form or another.

11:23For single family development,

11:25elements that we apply to

11:30above grade.

11:31There are several areas of

11:33If you're in a flood zone,

11:35If you're in the traditional

11:36be higher.

11:38Um, but at a minimum, anywhere

11:41um, You have to capture

11:43That's the old rain barrel,

11:48modified this a few years ago,

11:51number of trees.

11:52Um,

11:54and then third, provide a

11:58solar, um, what they call

12:02Um,

12:04that's for single family, for

12:07to elevate to 16in.

12:09And there's provisions for

12:12that, but you have to elevate

12:16have to capture the first inch

12:21table of improvements and for

12:25you need.

12:26Um, or you can achieve lead

12:30certification or adaptively

12:33which we do see a lot of those.

12:34The adaptive reuse is they

12:37resilience question.

12:39Um, that's the way

12:45So

12:47Bobby's going to fill in here

12:50So the resilience quotient.

12:52Sure.

12:54So the select improvements

12:56The whole point was to let that

13:00were going to capture water

13:03development requirements, which

13:07different items include

13:09flood resilience, stormwater

13:10resiliency, energy

13:14Risk reduction.

13:15Risk reduction.

13:16So, um, and so that is

13:20the goal was to say there's

13:23there's a, there's another way,

13:25your money in either way

13:29For context, we were given

13:32Housing Commission and

13:34members of City Council and

13:38look again at the resilience

13:41it and also, um,

13:45turn it from being a

13:50bonus program.

13:52So where the

13:53So the reason why is because

13:56changes that were done to state

14:00resilience in the building

14:03resilience and, um, with the

14:05changes to the state

14:07So we didn't want to feel like

14:10stacking on extra requirements

14:13new requirements added recently.

14:15And so we were told to either

14:19make it where it could

14:21And so we're working to try

14:24bonus with this.

14:25So so to do that,

14:29And this is again

14:31And we can we're still

14:34Um so for single family

14:39keep the water capture,

14:41Those are very beneficial.

14:42We don't want to

14:45Um, but we do want to remove

14:49generator hookup that the

14:52it's been problematic, um,

14:57Uh, there's, there have been

14:59with the changes in code, it's

15:02Um,

15:04yes, ma'am.

15:05I just wanted to clarify,

15:07You said it was posing.

15:09What problems?

15:10The generator.

15:10Solar hookups.

15:11So the generator

15:13We've had a couple of

15:15development community.

15:16One of them being, um, people

15:19the generator.

15:20They tend to go on the panel in

15:21the garage or just

15:23And those who don't necessarily

15:26generator, oftentimes I'll put

15:29which is bad.

15:30Um, things like that.

15:31They oftentimes are on that

15:33side yard where

15:35There's not room

15:37So you put it over there.

15:38Now you're overhanging

15:40We've had some issues

15:42There's also been discussion

15:46necessarily the best solution

15:48in an area that's

15:50And so a lot of this is a

15:52That's for everything.

15:54If you're, if your house is

15:58to the outlets and you generate

16:01You've electrified the

16:03So there's definitely been

16:07I mean, obviously, I think the

16:09about the, the, the

16:11Um, but as we worked with

16:15necessary, it has been a very

16:16successful requirement

16:19And perhaps there's some

16:21there without that.

16:22What about the solar.

16:24It's all the same technology.

16:26And so this wouldn't prevent

16:29house to solar.

16:30This would it's the same

16:32hookup essentially that you

16:36into the same connection.

16:37So there's no reason that you

16:41don't want to make

16:46I probably have more

16:49Okay.

16:50Um.

16:51Going back when you

16:54Yes. Are you specific

16:57There are specific requirements.

16:59There's a number of trees that

17:02maintain as per

17:05And I don't have it memorized,

17:08it is specific size.

17:09It is there's a, there's a

17:11large trees.

17:13And how many you have to have

17:14you do.

17:16And so we, we added that a few

17:20the rain barrel provision just,

17:24tend to grow legs and

17:27They also tend to not be

17:29maintained by the

17:30And so once the rain barrel is

17:34you if you don't drain it.

17:35And so instead, let's get

17:39Let's incentivize them.

17:40Let's incentivize the

17:43That's our priority number one,

17:45incentivize the planting of

17:48us than a rain barrel.

17:50We have the capacity to

17:54That's working out.

17:55On a regular basis.

17:57Um, I don't know if that, if

18:00we check it at the CEO to make

18:03certificate of occupancy.

18:05So.

18:06Um, I've had experience with

18:08house because we were within

18:14you know, there was

18:17And in fact, the trees did die.

18:21I just was curious about that

18:22because I would

18:24It is a.

18:25I recognize it's difficult to

18:31it's troublesome to me that

18:35don't make sure that

18:38that's being followed through.

18:40Yeah.

18:41It is something we are we are

18:44requiring and following up

18:47And we do now do that fairly

18:51removed on commercial

18:52plan process and

18:55I know the cbpa situation.

18:57They do.

18:57They they are taking

19:00Are we enforcing it on the

19:01individual single family houses?

19:03I think unless we

19:04If something.

19:06If one went away five minutes

19:10We would probably catch that.

19:11But yeah, it's it's definitely

19:14enforcement challenge.

19:17But I'll point out that has

19:19couple of years.

19:21Um, and then so for all

19:25indicated, the, the plan would

19:29quotient from a strict

19:31program, and the options would

19:34be, again, a selection

19:37Very similar to what's

19:40So some, some some significant

19:44like you to make to the

19:47resilient in general.

19:48And, um, I don't necessarily

19:51things that we're looking at,

19:54would make a property more

19:57Um, in exchange for that,

20:01you can choose from a set of

20:05reduced review time.

20:07Um, so particularly the site

20:09review process.

20:11Um, that is something that the

20:13us they think would be

20:16Um, comes down to your bottom

20:19increased height, reduced

20:21setbacks, reduced

20:23We've talked about a number

20:26we're still kind of testing

20:29But the idea being that in

20:33beneficial, that we would give

20:39making your project a little

20:43and anything you wanted to add.

20:46Yeah.

20:47What we also did is we set

20:50little bit easier to apply,

20:54noticeable differences, as

20:57could see and would be able

20:59So we've added things like if

21:04now, if you paid less and you

21:08would normally do, you could

21:12on reducing your setbacks.

21:13If you restored the Chesapeake

21:16buffer to a certain percentage,

21:20will shift your development

21:22to to reduce setback

21:24So we're trying to be very a

21:27it's more tangible.

21:28Um, that way we can see it and

21:30we have and the

21:33in the full development.

21:35It was hard.

21:36Some of the things in the

21:38were already requirements of

21:42the building code was updated.

21:43So people were just checking

21:46they weren't actually

21:47I was like, oh, I have to

21:51and do that already.

21:52I have to put install energy

21:54efficient specific

21:56Well, I have to do that already.

21:58And they were just checking off

22:01earning, but they were already

22:03required it.

22:04And so we were trying to

22:06So a lot of this is more, um,

22:10to keep track of when they do

22:13we can watch and have

22:15So yeah, we did an analysis on

22:18what we're getting out of the

22:20commercial scale properties

22:24are already things that they

22:27simply, if they're doing a

22:30the stormwater pond slightly

22:33more water.

22:34And so it's just the, the

22:36as, as much as we would have

22:37liked to have gotten

22:40Now as part of that, we're also

22:42the easy thing.

22:44There's nothing, I think after

22:46There's nothing wrong with

22:48water, then you can qualify to

22:52else because you're

22:53So that's still on the book as

22:56that gets you the most points.

22:58We want you to capture more

23:01handle it.

23:02And then a couple other things

23:06things like that to a certain

23:08similar to what

23:10So again, we're trying to right

23:13more tangible that someone

23:15And hopefully the developer

23:19And then we can in turn, see

23:22little bit more.

23:26Uh, two more slides, just

23:28And then.

23:29Okay.

23:30Then I'll hold.

23:31Okay. Additionally, there's two

23:34want to address that are

23:38this, but not directly in

23:40Um, one we right now we have a

23:45foot of elevation for

23:47electrical and

23:49Um, and so if you're required

23:52building a single family house,

23:54feet above the finished floor

23:57above the flood elevation.

23:59The coastal resilience overlay

24:03that mechanical or

24:05Um we're proposing to

24:07It adds a level of complexity

24:13Um and also in the coastal

24:18requirement for

24:21And the challenge with that is

24:26to flood, pervious parking

24:28spaces are not what

24:30They end up actually causing

24:33And that's what the

24:36Our stormwater team

24:38And we.

24:39So consequently we don't.

24:40We oftentimes just waive that

24:43good intervention if you're

24:46prone area.

24:47You'd rather just sheet flow

24:50stormwater system.

24:52Um, and then just, um, other

24:57a few things with the

24:59So we're going to fix those

25:02A lot of references to

25:04So we have found references

25:07clean them up.

25:08So that is the idea initially

25:12phases and kind of that

25:15Um, what we don't

25:16We can do it all at once.

25:18That's already pretty much

25:20finish up the

25:21So that's the intent is to

25:24So from a next step standpoint,

25:29on the 22nd.

25:31Again that's just um approval

25:34we've already been doing and to

25:36would be to advertise

25:39Um, we do need to finish

25:42We have been doing coordination

25:45We have spoken with several um

25:49this on a daily basis and

25:53from them.

25:54We need to, we need to keep

25:56We've also talked about this

25:59Building Industry Association,

26:03And we have a meeting with

26:05weeks, and we want to go back

26:08Um, we think that that

26:11outreach that we need to do on

26:14those who are using it on a

26:17that it is doing what

26:21And with that, I'm

26:25Okay. Go ahead, Mr. Baker.

26:28Oh you don't.

26:29Okay, I do.

26:31Um,

26:33I am not a civil

26:38I can appreciate what the

26:41especially as we, you know,

26:44seem to be still in

26:46Um, but what I don't want to do

26:48is trade housing and

26:54just to put it simply, um, we

26:58edge of resilience and I'd

27:02Um, and so I can appreciate

27:07Um, but I was wondering, what

27:11Um, and also, um, and civil

27:16we've included our

27:21other advocacy groups, folks

27:25water for good or

27:28And I wonder if there's, um,

27:33voices into this conversation.

27:36I think I know what I want to

27:37see, but I'm not

27:40So, um, is, is will there be

27:45other folks for maybe a.

27:49We can, if that's the direction

27:51push this to December and

27:55where we're working towards

27:59council members that have have

28:02administration, but, um,

28:07As for the first the first part

28:11the, our analysis shows that

28:15It's not providing any.

28:17It's not providing any or very

28:21change in code, as

28:23One of the main things they

28:26the 110 mile per hour wind load.

28:29In most buildings.

28:30Now it's 130 mile per hour.

28:31Wind load is the minimum

28:33so easy check off for them.

28:36They've already got their

28:38we're getting nothing out of it.

28:39And so the hope is that by

28:43making it something that is

28:47them and get some really

28:51Because even those that are

28:54just check off, they are tend

28:57things that don't

29:00And we're not getting the big

29:03what we wanted to get in 2018.

29:04When we wrote this, we

29:07interventions that

29:08So we're by removing all the

29:11the big ones subject of an

29:15real incentives.

29:17And the.

29:18And the discussion that we've

29:21that we have here may

29:23I mean, one of the things we've

29:26not something we can do with

29:28can do as a city administration

29:32that would incentivize someone

29:34to do, make some of

29:35So the idea is to really

29:40eliminating the the

29:42That is all they're

29:45And I'm a huge

29:47I think I've said it several

29:49years is that when we work

29:52a decision, people get

29:57as well.

29:58Um, was concerned, still

30:03solar hookups.

30:04Um, I think as we're right in

30:09as well, that giving people the

30:14lowering the barriers to

30:18Um, I would hate for

30:21Um, anyway, from a first

30:25questions and I'm not an expert.

30:27I think I know enough to

30:30So if maybe inviting other

30:33And I think we can look at some

30:37because on the single family

30:39some options that might

30:41multifamily might incentivize

30:43the placement of those

30:46I think the challenge has

30:49proven to be problematic,

30:51incentivize that or

30:54Um, something we can absolutely.

30:55We've, we've talked

30:57So something we can

31:01I hope that makes sense to me.

31:03Uh, commissioners,

31:07I'm having trouble equating

31:11same level.

31:12One is using

31:15sustainable energy, one

31:19So the hookup is

31:23You know, when you're talking

31:24about space requirements

31:27I just I was just puzzled why

31:29generators were

31:33I mean, it's nice for people to

31:35sure where it ends.

31:37So the concept of resilience

31:39hurricane and power was out for

31:42resilient thing that everybody,

31:44available to them.

31:45That was the idea

31:47they would have even better.

31:49Yes, yes.

31:52Just a quick question, because

31:55You know, for our short term

31:58require the Hvac to be up so

32:02requirement, does

32:04It will slightly.

32:06Um, uh, There were some that

32:10were built after 2018, but

32:15added to add an additional foot.

32:18And so someone had a pretty new

32:20to elevate their Hvac unit.

32:22So that's, that's where

32:24But we would still require them

32:27feet above the base flood

32:30But it'd be the same as

32:33As a regular.

32:36Increase. Correct.

32:38Okay. Thank you.

32:40And I think one other thing I'd

32:45the changes that are proposing,

32:49affect and I'd like obviously

32:53likelihood that

32:56choose the option of being more

32:58resilient over just

33:00And, and that's part of the

33:03with the civil engineers to see

33:07be comfortable with what would

33:08actually move the

33:10What incentives could we give

33:13make these improvements?

33:14And that was exactly that was

33:17the the group of engineers that

33:21you what, what what do you want?

33:22What do you think your clients

33:25these things into

33:27And the number one thing we

33:32will speed things up.

33:33I would add that cost is a.

33:37Can you tell me.

33:40That this cost versus putting

33:45higher cost, you know,

33:48you're going to lean towards.

33:50That was definitely

33:51Cost was definitely

33:52But surprisingly, actually, um,

33:55that we heard from everybody

33:58things up

34:01because there is a

34:04In X Pay this

34:06You're okay.

34:076 to 12 months.

34:08You pay this amount?

34:09Well, I mean, there is a cost

34:11factor involved in that as well.

34:12Carrying costs on the loan and

34:16gets things moving.

34:17So I was thinking about maybe

34:21larger developers

34:24you know, those cost cutting

34:27what, I don't have to do

34:29We'll just do it

34:31And that doesn't

34:34I'm afraid that it could

34:37more housing, but then

34:40Yeah. I mean, part of our

34:44the things that we required in

34:48building code or in stormwater

34:51So a lot of the things that

34:54this are already there in code,

34:56so they're required

34:59without the resilience quotient

35:02when we wrote this.

35:03And that includes flood

35:05That includes resilience

35:07So that's part of the part of

35:10they're already required to do

35:12And so do we require them to do

35:15even more above and beyond that?

35:17Or do we flip it to make it

35:19find, find ways to get

35:22That's the conversation

35:24I think maybe broadening more

35:28would be helpful.

35:28And then maybe just,

35:32estimated impact that it could

35:35me to know to make

35:37Okay.

35:56All right.

35:56Good afternoon.

35:58Commission. I'm going to go

36:00but also give you the

36:02this is our preview for

36:05The items that we presented to

36:10in the middle of September.

36:11So just going over all of them

36:13little more in depth than I

36:15the updates.

36:17Um, the Norview airport, the

36:19going through several changes

36:24century and functionality.

36:26And those went to the design

36:29you for final approval.

36:30These are the consent agenda

36:33Uh, Vaso Wine Social is doing

36:36alcohol sales and off premise

36:40They own vino culture at 130.

36:43Um, they do off premise

36:46and they want to do some type

36:50at this second location

36:52So they're linked, they have

36:54they're just doing

36:57Now.

36:58Akella LLC is a duplex at

37:02With multifamily structures, we

37:05structures to be available

37:09tenant's primary address.

37:12So you can't get a multifamily

37:14occupy both units

37:16Um, so both units are going

37:19rentals, vacation rentals.

37:22And then 3624 day street is a

37:25four bedroom single family home.

37:26That is the applicant's

37:28They are looking to do a

37:31this location,

37:33which was continued from the

37:38September now, October 8th, um,

37:42owner's request to talk to the

37:45of the business to try to get

37:48figure out a way to mitigate

37:50Again, upstairs

37:52There's an art studio and a

37:55require a little more,

37:59Um, the applicant has agreed to

38:04no earlier than 7 p.m..

38:06Um, as well as eliminate the

38:11Um so both of those

38:13There are also two other

38:15between the tenant and the,

38:19the property owner that we

38:22realistically enforce or are

38:26which include lowering the

38:28the facility to four

38:31I don't know what height

38:33speakers are kind of close to

38:36sound up and make

38:38Um, and also interior sound

38:41levels, keeping it

38:43Um, we can't enforce that.

38:45Um, you know, from our

38:47going in there with decibel

38:50level they're at, but that's

38:52can, can work with the property

38:55Um, the other tenants are happy

38:58proposed, but they're not sorry.

39:00The other businesses are happy

39:02be proposed and included, but

39:04they still feel

39:06The operation of the Wrekin

39:09their business and possibly

39:13I have letters that were

39:14included as part

39:18so they should they will be on

39:20to the public.

39:22If you have any questions

39:23I believe the at least 1 or 1

39:27to attend the public hearing

39:31and if there's others.

39:34Uh, boss Queen Soul Cafe

39:38Sorry, I should have

39:39Recommending approval of

39:42The reason I'm mentioning it

39:44were recommending a

39:46Um, given the applicant's

39:50conditional use permit for the

39:53three years, um, as well as the

39:58closing by 11:00.

39:59So previously they were

40:01Issue and she wanted to have

40:04required her to be classified

40:05as a nightclub by

40:07She didn't want

40:09So she's closing at 11:00 now.

40:11But again, with this change,

40:15entertainment options and

40:18you get to run for everything.

40:19Even if she hadn't

40:21But both those factors combined

40:24staff's recommendation

40:27Uh, Martin Soulfood is going

40:29where the former

40:32Um,

40:34they're doing a restaurant

40:36entertainment and

40:39You recall possibly during

40:45reason that Uno's formally, uh,

40:48requested a change in

40:51denied by council was

40:54I'm going to say tailgating,

40:57events because the Uno's

41:00So people were pulling up in

41:02alcohol and drinking in

41:05adjacent property parking lot.

41:07Um, and Uno's didn't think that

41:12So this application, uh,

41:17conditional use permit, uh,

41:21information, the same

41:24operators, two owners of that

41:27and another owner has joined

41:29one of the other

41:31Um, so that's really the only

41:34approved last time by council.

41:36Martin soul Food and what

41:40Um, they are all aware of the

41:42they are aware of

41:43We've said it multiple times

41:45parking lot, make sure that

41:47parking lot because of their

41:50We've explained that

41:55Dockside social.

41:57This is the former Max barge.

41:58They're doing restaurant

42:00entertainment and

42:02You recall I think it was 2025.

42:05We had an applicant come in to

42:10new ownership.

42:11The gentleman who owns

42:13supposed to go in there.

42:15He never did.

42:16Um, we don't know

42:17Uh, but we have a new

42:21Um, they were the former

42:24the East Beach in East Beach.

42:26Um.

42:29They have been working with the

42:32sure that the impact of their

42:35minimal as far as it can go.

42:37Um, the Highland Park Civic

42:40support for this application.

42:42Um, assuming the conditions

42:46report are upheld, um the

42:50uh, Closing the outdoor dining

42:53and 10:00 Friday and Saturday.

42:55Not having outdoor live

42:59garage door closed at all times.

43:00There is live entertainment.

43:01Again, we have an area where

43:04that goes directly to

43:07And um, Max barge did sorry,

43:13those conditions and updated

43:15And so we do have that letter

43:16of support from

43:18I do believe there will be a

43:20water coming to speak at the

43:27because of his experience with

43:31saying that it was too loud

43:33even if there wasn't

43:35Um, I encouraged him to come

43:38for the new applicant, um, you

43:41any issues or any specific

43:44might be outside

43:45They can talk about that

43:48between them.

43:49Um, I don't think he's

43:50business being there, but he

43:52enjoy the peace and quiet of

43:57BJ Juice Bar is a banquet hall

44:02on premise.

44:03They don't function

44:04They function primarily as

44:07small space that in times where

44:10juice, they want to be able to

44:13They rented it out a small.

44:15I think the applicant said 20

44:19they previously came through

44:22None of them had alcohol, and

44:26at the ABC records.

44:27There was no alcohol

44:29So he's still been renting it

44:31flexibility to have alcohol if

44:35banquet hall style

44:39operation. But we haven't had

44:40any issues with him

44:42And, um, it's been a small

44:46that they've been rented out.

44:49Last but not least,

44:51Coffee? Sorry.

44:52Dutch Bros.

44:53Coffee. They are being

44:56public hearing.

44:57That is because they

44:59diligence, a restriction in the

45:01put anything within 30ft

45:05While the building was

45:07They wanted to put an awning

45:09that 30 foot encroachment.

45:11And I guess they've determined

45:14the awning from

45:16So they're trying to rework

45:19they're not sure if it's going

45:20back a couple feet or if it's

45:24the whole site.

45:25I think they're working

45:26I hope to have it in in

45:30But they're being

45:32And then we have initiation for

45:34for the faith based housing

45:36presentation on at the

45:40Any questions?

45:52Commissioner will go into the

45:56public hearing.

46:02Good afternoon.

46:03We have one design review

46:07Um, back in December 2024,

46:10reviewed for larger

46:13construction at the park.

46:14So this is adding just the

46:17baseball dugouts

46:20here, the existing

46:24and baseball field.

46:26And then here's one of the new

46:28pavilions that has

46:29The goal is to construct the

46:32same materials that's been

46:38Um, here's the demo plans.

46:43And then here's the

46:47So the two existing dugouts,

46:50benches, will be demolished,

46:53steel column framing and a

46:56metal roofing.

47:00And A or B voted to recommend

47:07Any questions?

47:25Good afternoon commissioners.

47:27This is the Faith and Housing

47:30presented to you at the

47:33Um,

47:35as a reminder, the law becomes

47:40Sunsets January 1st of 2031 and

47:45mixed use and residential

47:48nonprofit and religious

47:51You have a copy

47:54It reads.

47:55The zoning administrator shall

47:58certificate to development

48:01owned by tax exempt religious

48:06property tax exempt nonprofit

48:09code requirements specifically

48:13parking, height, density and

48:18certain standards, including

48:22floodplain and the Chesapeake

48:26not apply to land zoned

48:31So as a reminder, the four

48:36that the property has to have

48:39organization for five years

48:41application, and at least 60%

48:4580% or less of the am I for

48:50sale units and three.

48:52The land is served or planned

48:55meets all applicable

48:57archeological, transportation,

49:01And lastly, all housing built

49:04property taxation following

49:08approved under this bill is

49:11in accordance with NF k 2050.

49:16So the development standards

49:19simplified than they were at

49:24just to make it a

49:26Um, so the building height

49:30building within 500ft.

49:31And this does not include

49:34additional height via special

49:37of 20 units per acre or the

49:41project within 500ft of the

49:45setbacks or the smallest

49:48existing property within

49:51And at least 70% of the

49:55residential, and the remaining

49:58gross floor area may include

50:02nonresidential facilities and

50:05one parking space

50:11Lastly, the limitations

50:13The by right rule does not

50:16adjacent to industrial zone.

50:17So for us, that's IIGIW,

50:21I'd w, b, c o and BCI and

50:28and projects already in

50:30this year and

50:35And that's all I have for you.

50:37Any questions?

50:55All right.

50:55Good afternoon.

50:56Commission. Um, there's been

50:58original language for data

51:01about at the last month.

51:04Um, as a recap, we're going to

51:07center small scale facilities,

51:09scale facilities.

51:10Um, the small scale facilities

51:13surrounding area and

51:16We kind of start to see the

51:18noise and strain

51:21Uh, we also wanted to designate

51:24they're allowed and then create

51:29So the definition for data

51:32facility that specializes in

51:34or related equipment used to

51:37digital data.

51:38The key thing with here it's

51:41area and requires less than

51:45given time.

51:46Originally, the power

51:49That was way too high.

51:50We realized we needed to turn

51:53aligns with the governor's

51:56approval for anything over 25.

51:58I signed into law yet, but

52:01Um, and then the third one,

52:04perceptible noise, odors,

52:06interference at any given time.

52:09Uh, very similar definition

52:12Um, except this is anything

52:16than 25MW of electrical

52:20Uh, the perceptible noise

52:22this definition.

52:25All right.

52:26For the permitted

52:27Uh, small scale data centers

52:31business, Commerce.

52:32Office. Business.

52:33Commerce. Park.

52:34Industrial Industrial Light

52:37institutional campus.

52:39And then the large scale data

52:42industrial general, industrial

52:46business, Commerce Park,

52:48commerce Park office.

52:51We do have three performance

52:52standards that

52:54The first one is an assessment

52:56administrator that's in

53:00Virginia, and that will

53:03residential units and schools,

53:06impacts, agricultural resource

53:10and then forest land.

53:11This is required by state code.

53:13As I mentioned, this is only

53:14for 100 megawatt

53:17We thought this should

53:21All right.

53:21For noise.

53:22Any noise shall comply with

53:25ordinance, the city code.

53:27We do have three exceptions.

53:28One is temporary construction

53:32of associated structure

53:33generator testing

53:35and 4 p.m., unless required.

53:37Outside of those hours by the

53:38DQ or during a natural disaster.

53:41Any unforeseen event where

53:43generator usage

53:46and we change that from

53:49100ft noise ordinance or 100ft

53:52noise. It was cleaner, a

53:56The last performance standard.

53:57In addition to mechanical

53:59equipment necessary for

54:01structures shall be shielded

54:03from public view and

54:07And the last one,

54:09These are the districts where

54:12right to large scale and small

54:15would be permitted.

54:16So any questions?

54:18We were able to find

54:21Yes. I will update the

54:24Correct.

54:25Do you mind going back one more?

54:26Yes.

54:28This one.

54:30I think it was this one.

54:33Tell me about generator testing.

54:35Uh, they do have the test

54:38That should only be done

54:40required by the DEQ Department

54:46And the large scale could

54:51Um,

54:53do we have any restrictions

54:56proximity to like a school?

54:59Not proximity.

55:06And all that information will

55:08use permit for for

55:11All that can be part of the

55:12consideration during

55:14We won't know that until they

55:16So that's part of

55:17Gotcha.

55:19Okay.

55:21Anything else.

55:22Um with all of this recently

55:27other cities where they're

55:31data centers.

55:32Uh, by no means am I an expert

55:36was one of the biggest

55:40scale data centers is

55:45Uh, and so they have an

55:47excessive amount

55:49And there are companies now

55:53centers to incorporate green

55:58a benefit for the

56:03be able to address the water.

56:05The cooling water runoff,

56:08retention pond or going into

56:13the ground that it it provides

56:17So it's a way of I'm not sure

56:20would have that issue, but

56:23were to have that.

56:24I really think we should have

56:28the Water

56:29retention. Water

56:33abatement or whatever that is.

56:36Some of the things that we've

56:39switching over to a closed loop

56:42as much water anymore.

56:44Um, where there are issues

56:47So if there's a groundwater,

56:49groundwater, that initial

56:52Um, but most of them, most that

56:57even those that have, that are

57:00and other in the northern

57:04most of them are switching to

57:06into that.

57:07Um, Mr. Bateman, just to see

57:09anything we need to

57:11Yeah.

57:13And um what's the risk of

57:18here and not catching something.

57:21Yeah. So, um, the

57:27already exist, and they provide

57:33we use on a regular basis.

57:34That and they have no you

57:38they're there.

57:38That's the important thing.

57:40So the two that we know

57:42websites, um, they are within

57:48it's just, it's just

57:49It's like a, as we would

57:53It's just a really

57:55Um, some of them also are on

58:00don't have to disclose.

58:02Um, Centera probably has a

58:03number of them on

58:04We don't want to capture any of

58:08to do their on site processing

58:10and for their

58:12So, um, we think that 30,000

58:16for, um, redevelopment that we,

58:20for approval and

58:21It's a clean number that we use

58:27And 30,000 probably won't

58:3125MW is a little larger than

58:33governor's framework.

58:34And I thought that

58:38Yeah. Thank you.

58:39Thank you.

58:54Marijuana. Once again, I have

58:57the full red line

58:59It's 50 pages.

59:00I didn't want to kill more

59:03If you want to take a look at

59:06and the images for the use

59:09Um, otherwise it's very similar

59:13included in the memo, but I'm

59:15really quickly here.

59:17Um, essentially this is the

59:20deleted this number of

59:25So the main change that is

59:28red line version is that all

59:31being shifted around to,

59:33the zoning ordinance

59:35performance standards.

59:36So instead of 4.2.3

59:41dot FG66G,

59:44you know, there was a use

59:46classification and that gets

59:49where we put it in.

59:50So I did include all the

59:52think it helps the those of

59:55ordinance, organize it, our

59:59reflected in the

1:00:01Um, so cannabis

1:00:03This is a facility that will

1:00:06recreational sales

1:00:10I like to think they stole our

1:00:13definition from our

1:00:15Um, but I can't confirm that

1:00:17we're saying a licensed

1:00:20all times.

1:00:21The facility is open to the

1:00:22state's language, saying that

1:00:27site unless there's

1:00:29Um, we're mirroring our, our

1:00:33the Virginia ABC stores,

1:00:36to 10 p.m.

1:00:37Monday through Saturday,

1:00:38to 6 p.m.

1:00:39on Sunday.

1:00:40No cannabis dispensing

1:00:42within 1000ft of any hospital,

1:00:45school or institution of higher

1:00:48retail, marijuana store, or

1:00:49another cannabis

1:00:52And that I'm not going

1:00:55That is prevalent for, uh,

1:00:58retail sales.

1:00:59So there's two other uses that

1:01:00sales, including retail

1:01:02Microbusiness that standard

1:01:03will be included in all of them.

1:01:05Um, and all signage shall

1:01:08provisions of the zoning

1:01:10Uh, the state, the state did

1:01:11update their

1:01:13Basically says you can't put

1:01:16your businesses.

1:01:18And there's certain other

1:01:21says the signs can't be within

1:01:24If you're doing outdoor

1:01:27Marijuana testing facility.

1:01:29It tests the the quality of

1:01:33whether that's the the plants

1:01:36edibles, you bring it to the

1:01:40quality, and then you're good

1:01:43rest of that batch, for

1:01:46We imagine this setting to

1:01:48laboratory, which is why we've

1:01:52use in all of the districts

1:01:56So it's IGILCCCROBCO

1:01:59and BCI, and I apologize, all

1:02:02permits and cannabis dispensing

1:02:06the districts that

1:02:10Cannabis testing facility to

1:02:15retail marijuana store.

1:02:16This is the one you're probably

1:02:20which is just anyone goes in,

1:02:23their marijuana, and walk out.

1:02:25Um, again, it's the same

1:02:27cannabis dispensing facility,

1:02:30have a pharmacist on site.

1:02:32Um, and it's the same districts

1:02:35permit only.

1:02:38These are the areas we

1:02:42Um, I don't think this

1:02:44But these are the potential

1:02:47So that teal color the KR and

1:02:51is the same buffer language

1:02:53state code.

1:02:54We just put it in our zoning

1:02:56Um, those teal areas are the

1:03:01for this use.

1:03:04And again, we already have one

1:03:07It's in Ward's corner

1:03:09and they're going to be looking

1:03:13into the cannabis

1:03:20Transition or correlation.

1:03:21With the great.

1:03:24Purge is are we restricting the

1:03:29the same location?

1:03:31No. So you can't.

1:03:33The state code specifically

1:03:35alcohol or tobacco tobacco

1:03:36products anywhere

1:03:39Um, so you can't do both.

1:03:41You can't turn into a vape shop

1:03:43and just have a little

1:03:45It can't be an accessory use.

1:03:46It's, it's all or nothing to

1:03:48at this time.

1:03:49We did have a number of

1:03:51about in 2021, a lot of people

1:03:54smoke and vape shop, I can just

1:03:55sell marijuana when

1:03:57And Susan and I quickly just

1:04:00works at all.

1:04:01Um, and people stopped coming

1:04:05no, no, no, no.

1:04:07Um,

1:04:09and the a, b, C is also being

1:04:12tobacco products.

1:04:13And they now have an approved

1:04:14list of products

1:04:16You have to get a tobacco

1:04:18tobacco products.

1:04:20And if you're selling products

1:04:22it's, um, it's a fine and you

1:04:27don't shape up, for

1:04:33So now we're into the

1:04:36cultivation, processing

1:04:39So we expect all of these uses.

1:04:41Um it's in the state code.

1:04:43They're three separate uses

1:04:44cultivation, processing

1:04:46We group them all into one

1:04:49going to all have the same

1:04:51facility that where they make

1:04:55facilities are the big ones.

1:04:56Their lights are going 24 over

1:05:00warehouse styles with multiple

1:05:03the height of the plants.

1:05:04Um, so our performance

1:05:07reflect that.

1:05:08You shall not generate

1:05:11electrical interference or

1:05:137 a.m.

1:05:13to 10 p.m..

1:05:15Um, we do.

1:05:16In our previous version of this

1:05:18use, we did have

1:05:21all cultivation and processing

1:05:23and manufacturing

1:05:25Um, we think that might have

1:05:28code language.

1:05:29So we might change to say all

1:05:32explicitly, explicitly

1:05:35conditional use permit, that

1:05:38the marijuana microbusiness,

1:05:41one, marijuana microbusiness

1:05:44potentially just

1:05:47Um, and the reason for that

1:05:50essentially we allow it in the

1:05:51I L district by

1:05:53That's a proposal at least, and

1:05:56residential areas.

1:05:58So we want to make sure it's

1:06:01space here on your site, plan

1:06:04it's not going to impact the

1:06:07going to be indoors.

1:06:08Um, and we do have a

1:06:12secured according to the state

1:06:14of that security plan as part

1:06:19And like I was saying,

1:06:21do all of these uses.

1:06:22So it's all the performance

1:06:23cannabis dispensing facility,

1:06:26pharmacist on site, and then

1:06:29standard for the cultivation,

1:06:33We're recommending

1:06:37This is the one.

1:06:38We're not entirely sure what

1:06:40to look like, just because they

1:06:42could do a number

1:06:45Um, so we're not concerned, but

1:06:50district and the proximity

1:06:52But again, by conditional use

1:06:54application on its own.

1:06:58So these are the potential

1:07:00locations based on the

1:07:03Um those areas are

1:07:05This is a brand new map.

1:07:06Um.

1:07:10I'll give everyone a second

1:07:12The blue is the micro.

1:07:14Yeah. Those are areas in the

1:07:18And if it's not blocked out by

1:07:201000ft of

1:07:23that long list of things.

1:07:30And obviously this is a rolling

1:07:33or close, hospitals, whatever.

1:07:34Open and close daycare

1:07:36Um, this is not the

1:07:39This is not the map that will

1:07:42of 2027 when, um, or February

1:07:47accept applications at the

1:07:50But I want to at least provide

1:07:53locations might be.

1:07:56And it doesn't necessarily mean

1:07:59will be.

1:08:00They can do any number of

1:08:02smaller scale site.

1:08:04So they can have cultivation in

1:08:07have retail sales in the front,

1:08:09production, any number

1:08:19And the last one is marijuana

1:08:22This is someone who takes the

1:08:25and usually the cultivation

1:08:29the retail sales, where the

1:08:32distribute it from there.

1:08:33Um, the only performance

1:08:36have a security plan and submit

1:08:39Um, but again, all these uses

1:08:41So if a site needs a specific

1:08:45part of the CIP process rather

1:08:48We do imagine these

1:08:51So we do.

1:08:52We are recommending a C, P

1:08:55This one.

1:08:59What.

1:09:02I'll be honest, I did not read

1:09:03through how you

1:09:05I don't know if they have the

1:09:06security standards

1:09:08Um, it could be a Brinks

1:09:14And just generally speaking, as

1:09:19to all these users because we

1:09:21this is going to be established.

1:09:23We don't know exactly how many

1:09:26going to get, how many

1:09:28to be available for people who

1:09:31processors, for the areas who

1:09:33cultivation facilities.

1:09:35Um, we don't know how

1:09:37businesses are going to be.

1:09:38We don't know exactly how the

1:09:40going to look and operate, how

1:09:43going to be.

1:09:44So we're going to do it by

1:09:46we can reevaluate expanding to

1:09:50uh, potentially some by

1:09:53If the time if.

1:09:57Depending on how, how it

1:09:58develops, how the

1:10:01So.

1:10:05Is this going to be controlled

1:10:09they're covering cannabis.

1:10:10Cannabis control authority.

1:10:12Okay. So they'll

1:10:16very much track everything

1:10:19and all that.

1:10:20So it is a seed to

1:10:22So the authority is supposed to

1:10:25in the ground to when

1:10:28Yeah.

1:10:37Thanks, Ron.

1:10:39I don't know what time we

1:10:42stopping to head upstairs.

1:10:44I can keep going for now.

1:10:47Okay.

1:10:51Okay. Not a problem.

1:10:53So the application that you

1:10:56haven't seen in a long time.

1:10:57This is the Slover

1:10:59235 East Plum Street on the

1:11:01Street and Atlantic Street.

1:11:03It's been operating as the

1:11:05now, and they're proposing to

1:11:10entertainment instead

1:11:13Again, this is a city owned

1:11:18has rentals have

1:11:20We felt it was appropriate for

1:11:23permit to formally authorize

1:11:26them into the same standards

1:11:28places that

1:11:30have events in alcohol.

1:11:33They are not

1:11:36They have catering companies

1:11:39the individual ABC

1:11:41The individual

1:11:44renter of the facility will get

1:11:45a banquet license

1:11:47So Slover is not selling

1:11:50But when the alcohol is on

1:11:54being consumed, we consider it

1:11:56though the use is sale of.

1:11:58It's just for the on premise

1:11:59consumption part

1:12:01This is just a slower.

1:12:02It's not like the corner

1:12:05It's not going to sell beer.

1:12:06Right? No.

1:12:07Well, there was an ABC issue

1:12:11only have one ABC license

1:12:14downstairs or connected to

1:12:18So yeah.

1:12:19I think the waffle shop closed.

1:12:22Okay, so maybe that's

1:12:24just get their own license.

1:12:25If that's the case.

1:12:27The use is consistent with

1:12:31activity center where

1:12:34Downtown business center.

1:12:35It's also within the downtown

1:12:37coastal resilience overlay.

1:12:38In this district, you need a

1:12:40banquet hall, to have live

1:12:43alcohol on premises

1:12:46Most of us are probably pretty

1:12:48It's very it looks very nice.

1:12:49There's a lot of

1:12:52So there are seven rooms

1:12:56the facility.

1:12:59Four of them only have a

1:13:02I did not include those floor

1:13:06I wanted to give you an

1:13:08entertainment, the

1:13:10I did one floor plan where

1:13:12layout, which is going to be

1:13:15one layout where they

1:13:17There is another layout for

1:13:20but those will all be

1:13:22But just in terms of not

1:13:28only took the ones I think

1:13:30discussion of them

1:13:34So this is the forum room.

1:13:36You can see the dance floor

1:13:38This is on the third floor,

1:13:42ones people are

1:13:43If you've been to

1:13:47Is it strictly in the

1:13:51It's not in the old wing where

1:13:54That's where these.

1:13:56This one is, I believe.

1:13:57I think some of the other rooms

1:14:00floor plans for are probably

1:14:03So it would be encompassing

1:14:05It would just be used for.

1:14:07Yeah, it covers the whole site.

1:14:09Um.

1:14:10That's a very classic old

1:14:11movies in the

1:14:15This is another banquet layout.

1:14:17This is the one without

1:14:20This is the 235 commons.

1:14:22Uh, this is the ground

1:14:25Um, again, we have a platform

1:14:30for cocktail area and those

1:14:32There's no real seats

1:14:35And then this is the theater.

1:14:37The more theater layout where

1:14:39like a public speaking

1:14:41like that.

1:14:43And then this is the, what they

1:14:45call the community

1:14:47Um, this one is upstairs.

1:14:49I don't remember the exact

1:14:50floor number off

1:14:52Six

1:14:55um, you see the dance floor

1:14:56there on the bottom

1:14:58Um, we do have requirements

1:15:01prohibited from having smoking.

1:15:03Um that's already a library

1:15:06including as a condition

1:15:09And then this is

1:15:12So we've had a couple

1:15:15have had this, this style where

1:15:18venues that can be rented out.

1:15:20Um, so this is the conditional

1:15:23Slover as a banquet facility.

1:15:25Um not the library hours.

1:15:28Um, so 8 a.m.

1:15:29to 11 p.m., seven days a week

1:15:30events, um, in the conditions.

1:15:35Uh, we have a maximum

1:15:39Um, we are considering right

1:15:42allow them to have

1:15:45Um, and I don't necessarily

1:15:48about having one big room

1:15:51but if they have two events

1:15:56biggest spaces that could lead

1:15:59aware that the security

1:16:02each event, that they have a

1:16:04and a number of staff

1:16:07I know that was something

1:16:09between us and them.

1:16:12The maximum capacity for all

1:16:16Again, the floor plan with

1:16:18dance floor.

1:16:19Most likely the theater layout.

1:16:20By building code, they're

1:16:23form room in the

1:16:26It's also 300 if they don't

1:16:28with the dance floor, the

1:16:31the terrace room

1:16:32This is just what they call

1:16:35And I think what they're

1:16:3849, 49 and 49, respectively.

1:16:40Those layouts don't

1:16:42Those are the ones I

1:16:44And then the community

1:16:46last one I showed with no dance

1:16:49which is that theater layout.

1:16:50And with the dance floor is 153

1:16:52people at that room

1:16:55They were requesting live band,

1:16:56DJ poetry, reading and

1:17:06I think I took all five minutes.

1:17:13Now

1:17:15and then,

1:17:17and then immediately after the

1:17:21rest of the

1:17:23preview. Is that right?

1:17:24That's correct.

1:17:26Yes. At the same time.

1:17:38I similarly can

1:17:41I think we can do it by then.

1:17:43Otherwise I got to go.

1:17:44Understood.

1:17:49Okay. But with that,