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METRO TV WILL GET STARTED IN ABOUT 60S.
OKAY. WELCOME TO THE AUGUST 15TH MEETING OF THE AD HOC COMMITTEE ON LAND USE. I AM THE CHAIR,
[Call to Order]
ANDREW OWEN. I'M HERE WITH MY VICE CHAIR, COUNCILMAN KHALIL BACHON. WE HAVE COUNCILWOMAN.[Roll Call]
WHAT'S YOUR NAME? BETSY. BETSY. ROY IN CHAMBERS WITH US. AND WHO DID WE HAVE ON THE SCREEN? I THINK I SAW COUNCILMAN REED AND COUNCILWOMAN FOWLER, SO TODAY WE'RE GOING TO BE TALKING ABOUT BARRIERS TO MIXED USE DEVELOPMENT. ONE OF THE THINGS THAT I'VE HEARD A NUMBER OF TIMES FROM MY COLLEAGUES, SINCE I'VE BEEN ON COUNCIL OVER THE LAST 18 MONTHS OR SO, IS, WHY[00:05:03]
THEY, THEY DON'T HAVE MIXED USE TYPE DEVELOPMENTS IN, IN THEIR DISTRICTS, AND ALL OF US HAVE SOME MIXED USE DEVELOPMENTS IN OUR DISTRICTS. BUT SOME DISTRICTS HAVE MORE THAN OTHERS.AND BUT IN MY OPINION, AND I THINK IN MANY PEOPLE'S OPINIONS, THERE AREN'T ENOUGH OF THESE THINGS. AND SO TODAY WE'RE GOING TO TALK A LITTLE BIT ABOUT BARRIERS TO THOSE TYPES OF DEVELOPMENTS, AND WE HAVE A STUDY THAT WAS, THAT WAS REQUESTED BY THE, BY PLANNING
[1. ID 24-0503 BARRIERS TO MIXED USE DEVELOPMENT AND LAND DEVELOPMENT CODE – Rachel Casey and Joel Dock, Office of Planning]
AND DESIGN. AND THAT STUDY IS COMING BACK IMMINENTLY IF NOT ALREADY BACK. THAT'S GOING TO KIND OF ADDRESS THIS ISSUE. SO WE'RE GOING TO BE TALKING ABOUT WHAT THOSE BARRIERS ARE AND THEN POTENTIAL FIXES THAT WE CAN MAKE IN THE LAND DEVELOPMENT CODE TO ADDRESS SOME OF THOSE BARRIERS, SO WE HAVE WITH US, MEMBERS OF, OF METRO PLANNING AND DESIGN, AND I WILL LET THEM INTRODUCE THEMSELVES AND GET STARTED IN THE MEETING. BUT BEFORE WE DO THAT, CHERYL, DO YOU WANT TO READ, OUR DISCLAIMER. YES. THIS MEETING IS BEING HELD PURSUANT TO KRS 61.826 AND COUNCIL RULE FIVE, A READ IN FULL. OKAY. IF YOU GUYS WANT TO GET STARTED, I APPRECIATE IT. THANK YOU. YEP.GREAT. THANK YOU. THANK YOU, COUNCILMAN OWEN. AND THANK YOU TO THE COMMITTEE FOR HEARING US TODAY. I'M RACHEL CASEY, A SENIOR PLANNER WITH LOUISVILLE METRO'S OFFICE OF PLANNING, I HAVE, BRIAN DAVIS, INTERIM DIRECTOR, AND JOEL DOC, PLANNING SUPERVISOR HERE WITH US AS WELL.
SO AGAIN, THANK YOU, COUNCILMAN. I THINK THAT WAS A GOOD, LEADING OFF POINT FOR WHAT WE'RE GOING TO DISCUSS TODAY, AS YOU'VE TALKED ABOUT, I KNOW THIS COMMITTEE THROUGHOUT THE YEAR, WE'VE DONE A LOT OF DISCUSSION ON HOW TO GET HOUSING INTO OUR NEIGHBORHOODS. AND WE HAD A GREAT PRESENTATION FROM SOME FOLKS FROM MINNEAPOLIS AND FROM MEMPHIS. AND THEY BOTH TALKED ABOUT ALSO THE IMPORTANCE OF INCREASING HOUSING ON OUR TRANSPORTATION CORRIDORS, AND MIXED USE IS A BIG PIECE OF THAT. AND SO TODAY WE'RE GOING TO PRESENT ON THE BARRIERS THAT CURRENTLY EXIST IN THE LAND DEVELOPMENT CODE TO ACHIEVING THAT KIND OF DEVELOPMENT. SO JUST A LITTLE BIT OF PRIMER I'LL GO THROUGH THIS QUICKLY. A LOT OF THIS IS STUFF THAT HOPEFULLY EVERYONE HAS HEARD BEFORE, BUT I JUST WANT TO SORT OF LAY THE GROUNDWORK, SO, YOU KNOW, HOUSING, MIXED USE AND ZONING, THAT'S KIND OF WHY WE'RE HERE GENERALLY AT THIS AD HOC COMMITTEE, WE'VE TALKED A LOT ABOUT HOUSING SO FAR. AS I SAID, AND A BIG IMPETUS FOR ALL OF THIS WORK IS THE TWO THINGS THAT YOU SEE ON THE SCREEN, THE COMPREHENSIVE PLAN. YOU CAN SEE THE HOUSING GOALS THERE, THAT ARE PART OF THE COMPREHENSIVE PLAN, GOAL NUMBER TWO ESPECIALLY IS ONE WE'RE GOING TO LOOK AT TODAY, WHICH IS FACILITATE THE DEVELOPMENT OF CONNECTED MIXED USE NEIGHBORHOODS, AND THEN AS WELL AS THE RESOLUTION THAT THIS COUNCIL PASSED IN 2020 REQUESTING THAT WE AND THE PLANNING COMMISSION REVIEW THE LAND DEVELOPMENT CODE AND DEVELOP RECOMMENDATIONS FOR MORE EQUITABLE AND INCLUSIVE DEVELOPMENT. SO JUST A QUICK ANOTHER QUICK PRIMER ON WHAT IS MIXED USE DEVELOPMENT, SO VERY, VERY BROADLY, THAT'S JUST MORE THAN ONE USE IN THE SAME BUILDING OR EVEN ON THE SAME PROPERTY, BUT REALLY WHAT WE'RE TALKING ABOUT WHEN WE TALK ABOUT MIXED USE DEVELOPMENT TODAY AND GENERALLY WHEN YOU HEAR IT IS SORT OF A HOUSING SPECIFIC TYPE OF MIXED USE, WHICH IS A RESIDENTIAL PAIRED WITH ANOTHER KIND OF USE, WHETHER THAT BE COMMERCIAL OR OFFICE IN URBAN CONTEXT. THIS GENERALLY YOU'LL SEE IT AS COMMERCIAL AND OFFICE ON THE GROUND FLOOR, WITH HOUSING ON THE ON THE FLOORS ABOVE THAT, YOU CAN SEE SOME EXAMPLES THERE. THERE'S THAT ARE IN OUR OWN CITY. THE BAXTER AT THE CORNER OF BAXTER AND BROADWAY. THAT'S A VERY LARGE MIXED USE DEVELOPMENT, AND THEN THERE'S SMALLER MIXED USE DEVELOPMENTS, ESPECIALLY IN OUR OLDER AREAS OF THE CITY. RIGHT THERE IS UP ON 28TH STREET, YOU HAVE A SMALLER MIXED USE TYPE BUILDING WITH COMMERCIAL ON THE GROUND FLOOR. AND RESIDENTIAL ON THE SECOND AND THIRD FLOOR. SO MIXED USE DEVELOPMENT, THE REASON WE CARE SO MUCH ABOUT IT AND THE REASON THAT IT'S IMPORTANT TO THE HOUSING SOLUTION IS BECAUSE IT'S A MORE EFFICIENT USE OF LAND AND INFRASTRUCTURE. IF WE CAN GET OUR COMMERCIAL AND OUR OFFICE USES TO USE THE SAME PROPERTY AS THE RESIDENTIAL USE, THAT'S A MORE EFFICIENT USE OF LAND THAN HAVING TWO SEPARATE PIECES OF LAND FOR EACH USE, AND THEN MORE IMPORTANTLY, IT ENCOURAGES WALKABLE, TRANSIT ORIENTED NEIGHBORHOODS, AND IT CREATES NEW HOUSING OPPORTUNITIES WITH BUILT IN AMENITIES. IF FOLKS CAN LIVE ON THE SAME PROPERTY THAT THEY CAN GO TO THE DRUGSTORE OR THE GROCERY STORE, OR IF THEY CAN LIVE ON THE SAME PROPERTY, AND THEN RIGHT NEXT DOOR, ARE THOSE AMENITIES, DOCTOR'S OFFICES, ALL THE THINGS THAT PEOPLE USE ON THE DAILY, THIS IS WHAT CREATES A GREATER WALKABLE ENVIRONMENT. AND CREATES A DENSE AND VIBRANT, VIBRANT NEIGHBORHOODS. SO JUST QUICKLY, I WANTED TO GO OVER HOW WE IDENTIFY SOME OF THESE BARRIERS AND SOLUTIONS. I KNOW WE HAVE TALKED A LOT IN THIS COMMITTEE
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ABOUT DIFFERENT WAYS THAT WE FIND THINGS. I THOUGHT IT WOULD BE A GOOD IDEA TO BRIEFLY GO OVER HOW A LOT OF THESE BARRIERS HAVE BEEN IDENTIFIED SO FAR, AND THE RESEARCH THAT'S BEEN DONE, AND THE QUANTITATIVE BASIS THAT THIS IS FOUNDED IN. AND SO THE FIRST THING THAT WE DID AFTER THAT INITIAL RESOLUTION IN 2020 WAS A LAND DEVELOPMENT CODE DIAGNOSIS THAT WAS DONE BY OPTICOS DESIGN. THERE ARE THREE FINDINGS. MAIN FINDINGS WERE THAT THE CODE IS OVERLY COMPLEX.THE STANDARDS THAT EXIST LIMIT THE DELIVERY OF HOUSING CHOICES, AND THE INTENDED AND DESIRED FORM IS NOT CLEAR. I THINK YOU'LL SEE ALL THREE OF THOSE THINGS, AS WE GO THROUGH THE BARRIERS TODAY, WE ALSO HAD A SERIES OF LAND DEVELOPMENT CODE REFORM RECOMMENDATIONS IN JANUARY 2021, THIS WAS BASED ON THAT DIAGNOSIS AS WELL AS FEEDBACK FROM OUR LISTENING SESSIONS WITH THE PUBLIC, AND THIS HAD 56 SPECIFIC RECOMMENDATIONS. FOUNDED IN THREE GENERAL AREAS OF CONCERN. ONCE AGAIN, HOUSING, ENVIRONMENTAL JUSTICE AND SIMPLIFYING THE LAND DEVELOPMENT CODE. AND THEN WE'VE BEEN WORKING ON THE HOUSING AND MIXED USE DEVELOPMENT STUDY, AGAIN WITH OPTICOS DESIGN BEGINNING ABOUT THIS TIME LAST YEAR, I BELIEVE WE PRESENTED ON THIS BRIEFLY EARLIER IN THE YEAR, BUT THIS WAS AN ANALYSIS OR IS AN ANALYSIS OF EXISTING CONDITIONS TO IDENTIFY AREAS IN THE CITY WHERE THERE ARE OPPORTUNITIES FOR HOUSING AND MIXED USE DEVELOPMENT THAT MAY NOT CURRENTLY BE AVAILABLE BECAUSE OF THE RESTRICTIVE REGULATIONS IN OUR DEVELOPMENT CODE, SO THIS STUDY IDENTIFIED THE BARRIERS, AND THEN IT ALSO IS GOING TO PROVIDE RECOMMENDATIONS TO REMOVE THESE BARRIERS. AND WE'LL TOUCH ON THAT LATER. BUT HOPEFULLY THOSE RECOMMENDATIONS WILL BE AVAILABLE AND OUT TO THE PUBLIC IN THE COMING WEEKS. AND THEN THE OTHER WAY THAT WE IDENTIFY BARRIERS AND ESPECIALLY SOLUTIONS IS WE ARE CONSTANTLY DOING NATIONAL BEST PRACTICE RESEARCH AND PEER CITY REVIEWS, ANY TIME THAT THERE IS AN ISSUE OR A PROPOSED RECOMMENDATION, WE ARE ALWAYS LOOKING AT WHAT NATIONAL PLANNING BEST PRACTICES ARE FROM THE AMERICAN PLANNING ASSOCIATION AND OTHER, EXPERT ORGANIZATIONS IN PLANNING, AND THEN ALSO REVIEWING A LOT OF OUR PEER CITIES THAT I HAVE EXAMPLES THERE ON THE SCREEN TO SEE IF THEY'VE IMPLEMENTED ANYTHING SIMILAR. HOW ARE THEY DEALING WITH THESE ISSUES? HAS IT BEEN EFFECTIVE, OR DO WE NEED TO DO SOMETHING DIFFERENT? AND SO BASED ON THAT RESEARCH THAT WE'VE DONE SINCE THEN, THOSE KIND OF FOUNDATIONAL DOCUMENTS, I KNOW WE'VE COVERED THIS BEFORE, SO I'LL JUST GO OVER IT QUICKLY. BUT SO FAR SINCE 2021, THE LDC REFORM PROCESS HAS RESULTED IN SIX AMENDMENTS. WE'VE TALKED ABOUT THIS, NOTICE REQUIREMENTS, ACCESSORY DWELLING UNITS, VERY KEY RESIDENTIAL SETBACKS, A COUPLE THINGS TO ALLOW DUPLEXES TO BE EASIER IN MULTIFAMILY ZONING, CHILDCARE AND URBAN AGRICULTURE. SO THIS IS WHERE WE'VE GONE. AND SO TO ADDRESS THE BARRIERS SO FAR. AND SO THE NEXT THING THAT WE HAVE IS HOW DO WE DEAL WITH THE REST OF THESE BARRIERS THAT HAVE BEEN IDENTIFIED TO HOUSING AND MIXED USE DEVELOPMENT. SO I'VE KIND OF GOT IT SEPARATED INTO THREE AREAS. HERE WE HAVE THE BARRIERS IN NEIGHBORHOODS, THE BARRIERS ON BUSINESS AND TRANSPORTATION CORRIDORS, AND THEN THE BARRIERS THAT EXIST FOR BOTH IN NEIGHBORHOODS. WE HAVE EXCLUSIONARY ZONING AND LIMITED HOUSING CHOICE. WE'VE TALKED A LOT ABOUT THIS ALREADY. YOU CAN SEE THE SOLUTIONS DOWN THERE.
ACCESSORY DWELLING UNITS, MIDDLE HOUSING, FACTORY BUILT HOUSING, THINGS WE'VE PRESENTED ON ALREADY TO THIS COMMITTEE. SO WE WON'T GO OVER THOSE TODAY. WE WANT TO FOCUS ON THESE BUSINESS AND TRANSPORTATION CORRIDORS. AND, AND THE THINGS THAT ALSO AFFECT BOTH OF THOSE. SO ON THE BUSINESS AND TRANSPORTATION CORRIDORS, WE'LL GO THROUGH THESE IN MORE DETAIL, BUT YOU'LL SEE THAT SOME OF THE PRIMARY BARRIERS ARE BUILDING HEIGHT, COMPLEX DESIGN STANDARDS AND A FOCUS ON USE INSTEAD OF FORM. AND THEN FOR BOTH, THERE IS SOME SIGNIFICANT BARRIERS, BECAUSE WE STILL MEASURE OUR HEIGHT IN FEET, IN THE LAND DEVELOPMENT CODE, AND THEN THERE ARE ALSO WE HAVE SOMETHING CALLED MINISTERIAL APPROVALS, THAT REQUIRE A PUBLIC HEARING, AND THAT'S SOME, SOME JARGON. I KNOW, BUT WE'LL GET INTO WHAT THAT MEANS A LITTLE BIT LATER.
SO LET'S FOCUS ON OUR BUSINESS AND TRANSPORTATION CORRIDORS. FIRST I MENTIONED BUILDING HEIGHT. THIS IS ONE OF THE PRIMARY BARRIERS THAT WE'VE IDENTIFIED TO MIXED USE DEVELOPMENT, SO WHEN YOU'RE LOOKING AT WHAT THE HEIGHT OF A BUILDING CAN BE IN THE CODE, IT'LL TELL YOU, HERE'S YOUR MAXIMUM HEIGHT IN FEET. OKAY. GREAT. 45FT. THAT'S MY MAXIMUM HEIGHT. BUT WAIT, YOU HAVE TO GO TO ANOTHER SECTION, AND SEE WHETHER INFILL STANDARDS APPLY.
THIS MEANS IF THE BUILDINGS THAT ARE NEXT TO YOU ARE SHORTER THAN 45FT, YOU HAVE TO MEET THAT HEIGHT. YOU CANNOT REACH THE MAXIMUM HEIGHT THAT IS ALLOWED IN THE FORM DISTRICT, BECAUSE YOU'RE RESTRICTED BY THE BUILDINGS THAT ARE ON EITHER SIDE. AND THEN WE ALSO HAVE SOMETHING CALLED TRANSITION STANDARDS. THIS MEANS THAT IF YOU'RE ON ONE OF OUR MARKETPLACE CORRIDOR FORMS, ONE OF OUR BUSINESS CORRIDOR FORMS, AND YOU BACK UP TO A NEIGHBORHOOD FORM THAT THOSE NEIGHBORHOOD FORMS TRIGGER A TRANSITION BETWEEN THE MARKETPLACE FORM AND THE NEIGHBORHOOD FORM, AND THAT TRANSITION ALSO RESTRICTS THE HEIGHT, SO NOT ONLY ARE YOU
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RESTRICTED BY THESE INFILL STANDARDS, YOU'RE ALSO RESTRICTED BY THESE TRANSITION STANDARDS. SO IT MAY APPEAR THAT THE MAXIMUM HEIGHT IS WHAT THE FORM DISTRICT SAYS, THAT IT SAYS 45FT. BUT ACTUALLY IT'S MUCH MORE COMPLICATED THAN THAT. AND THEN SECONDLY, THE SECOND MAJOR ISSUE ON OUR BUSINESS AND TRANSPORTATION CORRIDORS ARE THESE COMPLEX DESIGN STANDARDS.SO WE CURRENTLY HAVE DIFFERENT STANDARDS ON A CORRIDOR FOR RESIDENTIAL AND MIXED USE, EVEN THOUGH WE WANT THE FORM TO LOOK THE SAME ON THE CORRIDOR, THE RESIDENTIAL ONLY BUILDINGS HAVE TO FOLLOW A DIFFERENT SET OF STANDARDS THAN THE MIXED USE BUILDINGS, THE DESIGN STANDARDS, THOSE INFILL STANDARDS AND TRANSITION STANDARDS ALSO AFFECT DESIGNS LIKE SETBACKS, FRONT YARDS, THINGS LIKE THAT. SO AGAIN, YOU HAVE TO GO TO DIFFERENT SECTIONS OF THE CODE TO READ THOSE, AND I HAVE A GOOD EXAMPLE HERE THAT COUNCILMAN OWEN PROBABLY RECOGNIZES HERE ON FRANKFORT AVENUE. AND YOU'LL SEE ON THE SOUTH SIDE OF FRANKFORT AVENUE, THAT IS A RESIDENTIAL ONLY DEVELOPMENT. ON THE NORTH SIDE IS A MIXED USE DEVELOPMENT. THESE ARE LOOK ALMOST THE EXACT SAME. THEY THEY'RE BOTH FOUR STORIES. THEY'RE BOTH BUILT IN THE SAME SORT OF DESIGN. THE ONLY DIFFERENCE BETWEEN THE TWO IS THAT THE ONE ON THE NORTH SIDE HAS COMMERCIAL ON THE GROUND FLOOR, AND THE ONE ON THE SOUTH SIDE DOES NOT. WHEN THESE TWO BUILDINGS WERE DEVELOPED, THE ONE ON THE NORTH SIDE GOT TO FOLLOW THE MIXED USE STANDARDS. WHICH ALLOWED THEM TO BUILD TO THE STREET, CREATE A WALKABLE ENVIRONMENT. THE DEVELOPMENT ON THE SOUTH SIDE THAT'S RESIDENTIAL ONLY HAD TO FOLLOW THE NEIGHBORHOOD STANDARDS, AND THAT REQUIRED THEM TO GET SEVERAL VARIANCES AND WAIVERS FROM THE LAND DEVELOPMENT CODE JUST TO MEET THE FORM THAT ALREADY EXISTED ACROSS THE STREET. AND THEN THE ISSUES THAT WE SEE IN FOR BOTH NEIGHBORHOODS AND OUR BUSINESS CORRIDORS IS HOW WE MEASURE BUILDING HEIGHT IS ONE OF THE BIG ONES. SO LIKE I SAID, WE MEASURE OUR BUILDING HEIGHT IN FEET IN THE LAND DEVELOPMENT CODE AND MORE IN THE, YOU KNOW, IN THE LAST 5 TO 10 YEARS, WE'VE SEEN A LOT OF VARIANCES FOR JUST 2 TO 3FT OF ADDITIONAL HEIGHT, JUST TO REACH A THREE STORY BUILDING. OUR HEIGHT IS 35FT, THREE STORIES.
WITH MODERN CONSTRUCTION, THEY MAY NEED 37.5FT JUST TO GET TO THAT THIRD STORY. FOR THE WAY THAT CONSTRUCTION WORKS TODAY, PEOPLE WANT TALLER CEILINGS THESE DAYS. THINGS LIKE THAT, AND SO THIS METHOD OF MEASURING OUR BUILDING HEIGHT AND FEET IS NOT REALLY CONSISTENT WITH THE MODERN BUILDING CODE OR HOW PEOPLE WANT TO CONSTRUCT THEIR BUILDINGS, IN, IN THE MODERN ERA ERA AND SO MANY CITIES, AND PERHAPS ONE OF THE RECOMMENDATIONS THAT WE'LL SEE FROM THAT OPTICOS STUDY HAVE MOVED TO MEASURING THEIR HEIGHT OF BUILDINGS IN STORIES INSTEAD OF IN A STRICT, STRICT FEET MEASUREMENT, AND THIS ALLOWS A LOT MORE FLEXIBILITY WHILE MAINTAINING THE CONSISTENCY THAT WE WANT TO SEE ON THE CORRIDORS. AND CAN I ADD TWO THINGS REAL QUICK, RACHEL? ONE, I JUST NEEDED TO SAY THAT COUNCILMAN SIM AND COUNCILMAN SHAMIKA PARRISH HAVE EXCUSED ABSENCES. YES. BUT AS IT RELATES TO VARIANCES, WE I JUST WANTED TO REITERATE THAT ALL OF THESE PLACES IN OUR LAND DEVELOPMENT CODE THAT THAT THAT ARE LAYERED UPON EACH OTHER AND, AND FORCE DEVELOPERS TO ASK FOR MORE VARIANCES AND MORE CHANGES IN ORDER TO ACCOMPLISH SOMETHING THAT SHOULD BE FAIRLY SIMPLE. WHAT WE'RE TRYING TO DO HERE IS IDENTIFY ALL THOSE PLACES. SO ALL THE TIMES THAT THAT, THAT PLANNING GETS, GETS ASKED, YOU KNOW, CAN WE HAVE A VARIANCE HERE? THEY SPEND A LOT OF TIME AND EFFORT TO DO THAT WHEN, IF WE CAN JUST CLEAN A FEW OF THESE THINGS UP, IT REDUCES THE TIME THAT THEY SPEND ON IT. AT THE STAFF LEVEL, AND IT REDUCES THE TIME THAT THE DEVELOPER AND THE CITY HAS TO, HAS TO SPEND TO GET IT THROUGH THE PROCESS. SO THESE ARE ALL PLACES THAT WE'RE TRYING TO IDENTIFY TO STREAMLINE THE PROCESS, AND COUNCILMAN PIAGENTINI ALSO HAS AN EXCUSED ABSENCE. THANK YOU. AND COUNCILWOMAN CHAPEL HAS JOINED US, REMOTELY. THANK YOU. COUNCILWOMAN RUBY. OKAY. THANK YOU. BEFORE IT GETS OFF OF HERE, WHAT IS PLAN CERTAIN? YES, I WAS I WAS GOING TO EXPLAIN THAT WHEN I GOT THERE, BUT WE CAN GO AHEAD AND TALK ABOUT PLAN CERTAIN. SO, PLAN CERTAIN IS A TYPE OF DEVELOPMENT THAT AROSE IN THE 1970S THAT WHEN WE PASSED THIS. SO THAT WHEN A SITE UNDERGOES A CHANGE IN ZONING, IT THEN BECOMES A PLAN CERTAIN SITE BECAUSE THAT CHANGE IN ZONING IS ACCOMPANIED BY A BINDING DEVELOPMENT PLAN. SO IT HAS TO BE IT HAS TO FOLLOW THAT BINDING DEVELOPMENT PLAN. AND SO WE HAVE A PROCESS. IF SOMEBODY WANTS TO, DO SOMETHING DIFFERENT THAN THAT INITIAL PLAN, SAME USE THAT'S ALLOWED IN IN THE CHANGE IN ZONING THAT WENT THROUGH. IF IT WENT FROM R5 TO COMMERCIAL ZONING, THEY STILL WANT TO DO COMMERCIAL, BUT THEY WANT A
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DIFFERENT TYPE OF BUILDING. NOW THEY HAVE TO SUBMIT A REVISED PLAN TO OUR OFFICE FOR US TO REVIEW THAT. AND SO THOSE PLAN, CERTAIN SITES THAT HAVE THAT BINDING DEVELOPMENT PLAN ARE TREATED IN A DIFFERENT MANNER THAN A SITE THAT DOESN'T HAVE THAT BINDING DEVELOPMENT PLAN.DOES THAT MAKE SENSE? THAT HELPS. OKAY SO YES. SO JUST OKAY. SO CURRENTLY IF SOMEBODY FILES FOR A PLAN, WE ATTACH A BINDING ELEMENT ON IT THAT SAYS IF YOU WANT TO MAKE ANY SIGNIFICANT CHANGES TO IT, IT NEEDS TO COME BACK. YES. THAT'S THAT'S CURRENTLY A BINDING ELEMENT THAT THAT COUNCIL HAS BEEN ADDING. FOR THE PAST YEAR OR TWO. BUT AGAIN, THAT'S ONLY APPLIES TO DEVELOPMENTS THAT HAVE UNDERGONE THAT CHANGE IN ZONING SINCE THE 70S. AND SO TODAY IS INCLUDED AS WELL, BUT IF IT HAS NEVER UNDERGONE A CHANGE IN ZONING, SOMEBODY JUST BUYS A PROPERTY, IT'S ALREADY ZONED C1 AND THEY WANT TO BUILD A RESTAURANT. THEY JUST GO AHEAD AND DO THAT AND THEN THEY HAVE TO FOLLOW A DIFFERENT SET OF PROCEDURES. IF THAT'S TRUE, THEY MEET THE SAME STANDARDS, DESIGN STANDARDS. BUT THE REVIEW PROCEDURE, THE TYPE OF APPLICATION THAT THEY SUBMIT TO OUR OFFICE IS DIFFERENT. OKAY. SO IF IT WAS IF SOMETHING WAS APPROVED AS PLANNED, CERTAIN BACK IN THE 70S, PLEASE BE PATIENT WITH ME. THIS IS CONFUSING. IT IS SO OKAY. HERE'S A FOR EXAMPLE. SOMEBODY WAS TALKING ABOUT A JUNKYARD AND IT'S IN VIOLATION RIGHT NOW. AND HE SAID, AND IT'S NOT PLANNED CERTAIN. I'M LIKE, OKAY, GOOD.
WHAT DOES THAT MEAN? WHAT IS THE IMPLICATIONS TO THAT? NOW WELL, I MEAN, IF YOU HAVE A SITE THAT'S NOT PLANNED, CERTAIN YOU STILL HAVE TO OBSERVE THE USES THAT ARE PRESCRIBED IN THE, IN THE LAND DEVELOPMENT CODE UNDERNEATH THAT PARTICULAR ZONING CLASSIFICATION. SO FOR LIKE A JUNKYARD, YOU WOULD HAVE STILL HAVE TO HAVE YOUR, M WHATEVER ZONING PROBABLY WITH THE CONDITIONAL USE. WELL, IT MAY NOT HAVE TO HAVE A CONDITIONAL USE PERMIT. YOU KNOW, HOW HOW LONG HAVE YOU BEEN THERE? BUT WE WOULD STILL LOOK AT THAT. AND SO YOU WOULD STILL HAVE TO, OBLIGE BY THE USES THAT ARE THAT ARE IN THE LAND DEVELOPMENT CODE, BUT YOU'RE NOT SET TO A DEVELOPMENT PLAN FOR THAT SITE. SO IF THEY WANTED TO COME IN AND MAKE A CHANGE ON THE SITE, THEN, YOU KNOW, WE HAVE DIFFERENT, YOU KNOW, LIKE A CATEGORY TWO B OR CATEGORY THREE WHATEVER, WHERE WE WOULD REVIEW THAT. BUT THAT, THAT IS NOT A PLANNED CERTAIN SITE. SO THAT WOULD TYPICALLY GO TO A SUBCOMMITTEE. AND LIKE WOULD NOT COME ALL THE WAY TO METRO COUNCIL FOR REVIEW. OKAY. SO IF SOMETHING WAS A PLAN CERTAIN IT WAS, IT WAS THEY GOT THE CHANGING ZONING WITH A MORE RESTRICTIVE, ATTACHMENT TO IT VERSUS IF THEY DID NOT GET A CHANGE IN ZONING, THEN THEY JUST FOLLOW THE BASIC ZONING REQUIREMENTS AS THEY ARE NOW.
RIGHT? I HEAR BACK I SEE YOU BACK THERE SHAKING YOUR HEAD. I GOT IT FINALLY. YEP. THAT'S RIGHT. OKAY. THANK YOU. CAN I JUMP IN REAL QUICK, GUYS? GREAT QUESTION, COUNCILWOMAN MARIE, TO THAT POINT, BRIAN, IN A CASE, LET'S USE A JUNKYARD FOR EXAMPLE, THAT IS REQUIRED TO BE EITHER REZONED INTO THE MANUFACTURER ZONING OR IS IT EASY OR WHATEVER. THAT'S ALLOWED FOR THAT. IF A JUNKYARD POPS UP ON A COMMERCIAL? TWO WHAT'S THE ENFORCEMENT MECHANISM THAT GETS THEM REMOVED OFF OF THAT PROPERTY FASTER THAN THE PROCESS IS TAKING CURRENTLY? AND WHO IS THE ENFORCEMENT MECHANISM, AND WHO DO WE GO TO AS A COUNCIL OR A BODY TO ENACT THAT ENFORCEMENT? SO IF YOU HAVE A USE TAKING PLACE ON A PROPERTY THAT IS NOT PERMITTED BY THE ZONING DISTRICT, THEN YOU CAN REACH OUT TO, WELL, ACTUALLY IT'S NOT US ANYMORE. AS OF JULY 1ST, YOU CAN REACH OUT TO CODES AND REGULATIONS AND THEN THEY OVERSEE THE ENFORCEMENT ACTION, TO, TO MAKE SURE THAT THAT THE USE IS EITHER STOPPED OR THE APPLICANT CAN ATTEMPT TO GO THROUGH A REZONING IN ORDER TO BRING IT INTO COMPLIANCE. BUT YOU KNOW THAT THAT WOULD BE THE TWO DIFFERENT OPTIONS THAT WE WOULD LOOK AT IN A SITUATION LIKE THAT, WHERE, AGAIN, WHERE YOU HAVE A USE, TAKING PLACE ON A, ON A PROPERTY, BUT, YOU KNOW, IT'S NOT ALLOWED WITHIN THAT ZONING CLASSIFICATION. AND IF I CAN JUST FOLLOW UP ON ONE OTHER THING THAT I THINK CREATES A LITTLE BIT OF, OF, COMPLEXITY AND MAYBE PEOPLE DON'T FULLY GET IT AND MAYBE I DON'T EITHER. BUT SO THE BINDING ELEMENT THAT COUNCIL HAS BEEN ADDING ON TO A PROJECT SAYING IF IT CHANGES EXTENSIVELY OR WHATEVER, IT HAS TO COME BACK, ISN'T THAT KIND OF A SECONDARY LIKE WE ALREADY HAVE SOME OF THAT BUILT INTO THIS PLAN, CERTAIN IDEA. RIGHT. LIKE THEY'VE SUBMITTED A PLAN AND THAT THAT BINDING ELEMENT THAT WE ADD TO IT IS, IS ALMOST LIKE A SEAT BELT OR ANOTHER LAYER
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THAT, THAT WE PUT ON IT WHEN IT'S ALREADY KIND OF BUILT INTO THE SYSTEM. IS THAT CORRECT? THAT'S CORRECT. YEAH. IF YOU GO THROUGH THE LAND DEVELOPMENT CODE AND READ THROUGH CHAPTER 11. YEAH. IF YOU IF YOU HAVE IF YOU'RE MAKING A CHANGE TO A PLAN THAT IS ON A PLAN, CERTAIN SITE, THEN THAT HAS TO COME IN FOR A REVISED DEVELOPMENT PLAN THAT COMES TO OUR OFFICE FOR REVIEW.AND THEN THOSE GO TO THE PLANNING COMMISSION OR SUB SUBCOMMITTEE OF THE PLANNING COMMISSION, IN CHAPTER 11 THERE, YOU KNOW, WE DO HAVE THE I THINK IT'S 1175. AND HERE SHE'S LIKE, SURE. YOU KNOW, SHE'S LIKE, DON'T DON'T BE THROWING OUT NUMBERS. BUT YOU KNOW, IN IN CHAPTER 11, THE, THE, YOU KNOW, THERE IS THE MECHANISM WHERE IF YOU HAVE A DEVELOPMENT PLAN THAT'S BEING REVIEWED BY THE PLANNING COMMISSION, THEN METRO COUNCIL HAS THE AUTHORITY TO BASICALLY CALL THAT DEVELOPMENT PLAN TO THEM FOR REVIEW, THE BINDING ELEMENT THAT HAS BECOME SO COMMON OVER THE LAST COUPLE OF YEARS IS KIND OF LIKE AN ADDITIONAL STEP BEYOND THAT, SO THAT INSTEAD OF HAVING TO GO THROUGH THE STEPS TO ENACT THAT PART OF 11.7, IT'S DONE AUTOMATICALLY BECAUSE YOU ALL ARE ADDING THAT BINDING ELEMENT. SO YEAH, YOU'RE TAKING THAT ADDITIONAL LEVEL OF REVIEW FROM JUST THE PLANNING COMMISSION OR SUBCOMMITTEE. YOU KNOW, METRO COUNCIL IS SAYING, HEY, WE WANT TO SEE THEM ALL. AND THAT'S WHAT YOU'VE BEEN ADDING THAT BINDING ELEMENT FOR. IT'S A LITTLE BIT REDUNDANT, BUT ALSO JUST KIND OF TAKES IT ONE STEP FURTHER.
RIGHT? RIGHT. AND YOU KNOW, AND WE MAY END UP HERE, YOU KNOW, DEPENDING ON WHAT A CHANGE IS THAT WE HAVE AN AMENDMENT TO A PLAN. CERTAIN DEVELOPMENT PLAN MAY NOT BE A BIG DEAL, BUT AGAIN, BECAUSE THAT BINDING ELEMENT IS ON THERE, WE HAVE TO BRING IT HERE. WHEREAS IT YOU KNOW, IF YOU'RE ONLY USING 11.7, WHATEVER, YOU KNOW, THAT WOULD BE SOMETHING THAT, THAT METRO COUNCIL'S HAVING TO LOOK AT AND SAY, OH YEAH, WE DO WANT TO SEE THAT ONE. AND YOU CAN YOU CALL IT FORWARD? AND JUST FOR, JUST FOR CLARITY AND FOR THE PEOPLE AT HOME WATCHING AND FOR JUST EDUCATIONAL PURPOSES, PLAN CERTAIN IS A ZONE COVERAGE THAT WAS ALREADY THERE AFTER THE 70S WHEN THE COUNTY SUBMITTED ZONING. AND THEN SO BRIAN, IF YOU BOUGHT A CORNER OF, YOU KNO, FOURTH AND OAK AND IT WAS C-2, YOU WOULD AND IT WAS JUST AN EMPTY, BARE, RAW PIECE OF LAND.
THERE'S NO BINDING ELEMENTS ATTACHED TO IT. THERE'S NOTHING YOU CAN BUILD ANYTHING WITHIN THE PERIMETERS OF C-2, ON THAT PROPERTY. BUT IF YOU SELL THAT PROPERTY AND THEY WANT TO TURN IT INTO AN R FIVE AND BUILD A MULTIFAMILY OR MIXED USE OF SOME SORT, THEN THAT'S WHEN IT WOULD GO THROUGH A ZONING CHANGE AND, AND GET BINDING ELEMENTS AND ADDITIONAL THINGS PUT ON IT.
CORRECT. RIGHT. YEAH. WE HAVE A LOT OF A LOT OF PROPERTIES OUT THERE ARE ZONED AND HAVE HAD A ZONING CLASSIFICATION THAT PREDATES THE PLAN. CERTAIN DATE FROM THE MID 70S. AND SO YEAH, ANY ANY DEVELOPMENT THAT YOU'RE DOING ON THERE, YOU'RE NOT SUBJECT TO BINDING ELEMENTS. BUT YOU KNOW, ANYMORE ONCE YOU COME IN AND REQUEST TO CHANGE THE ZONING ON A PROPERTY, THEN YOU'RE ENTERING KIND OF ENTERING INTO THAT PLAN, CERTAIN ZONE, PLAN ZONING AREA OF DEVELOPMENT FOR, FOR THAT SITE. AND SO THAT SITE WOULD BE SUBJECT TO THAT, YOU KNOW, GOING FORWARD. SO THAT'S JUST ONE OF THE EXTRA LAYERS OF COMPLEXITY, THAT WE'VE GOT. SO, GOING BASED OFF THAT.
SO, YOU KNOW, ALSO JUST TO, TO CLARIFY AND THEN WE'LL KEEP GOING KIND OF AND HOPEFULLY IT'LL MAKE A LITTLE BIT MORE SENSE. BUT YOU KNOW, WHETHER THE SITE IS PLANNED CERTAIN OR NOT, IT STILL HAS TO FILL ALL OF THESE DESIGN REQUIREMENTS THAT WE'VE BEEN TALKING ABOUT IN THE LAND DEVELOPMENT CODE. SO REGARDLESS OF IF IT'S PLANNED, CERTAIN IF SOMEBODY WANTS TO COME IN AND DO ANY KIND OF NEW DEVELOPMENT OR CONSTRUCTION, IT HAS TO FOLLOW THE STANDARDS THAT WE'VE BEEN DISCUSSING. IT HAS TO FOLLOW THE EXACT SAME DESIGN STANDARDS. IT'S JUST THAT THAT REVIEW PROCESS THROUGH OUR OFFICE AND THROUGH THE PLANNING COMMISSION IS A LITTLE BIT DIFFERENT BASED ON WHETHER IT'S PLANNED CERTAIN OR NOT. AND SO THEN, YOU KNOW, WE WERE TALKING ABOUT THE, THE BARRIERS THAT EXIST IN BOTH THE NEIGHBORHOODS AND THE TRANSPORTATION CORRIDORS. WE TALKED ABOUT HOW BUILDING HEIGHT IS MEASURED. AND THEN WE WERE GETTING TO THIS IDEA OF MINISTERIAL APPROVALS REQUIRING A PUBLIC HEARING, AND SO WHAT IS A MINISTERIAL APPROVAL, THAT IS ESSENTIALLY SOMETHING THAT IS NOT A PLAN CERTAIN SITE, SO WHEN A DEVELOPMENT PLAN MEETS THE STANDARDS IN THE LAND DEVELOPMENT CODE, MEANING THEY HAVE NO REQUESTED WAIVERS OR VARIANCES AND THE SITE IS NOT PLANNED, CERTAIN THEN THE PLANNING COMMISSION AND ITS STAFF ARE REQUIRED BY LAW TO APPROVE THAT PLAN. SO IF IT MEETS ALL THE STANDARDS IN THE LAND DEVELOPMENT CODE AND IT'S NOT PART OF A PLAN CERTAIN SITE, THEN THE STAFF AND THE PLANNING COMMISSION ARE REQUIRED BY LAW TO APPROVE THAT PLAN. HOWEVER EACH FORM DISTRICT HAS A SPECIFIC SET OF THRESHOLDS, LIKE THE SIZE OF THE BUILDING OR THE
[00:30:02]
NUMBER OF UNITS THAT ARE IN A BUILDING, AND A FEW OTHER THRESHOLDS, AND THOSE THRESHOLDS CAN TRIGGER A PUBLIC HEARING REQUIREMENT FOR SOMETHING THAT IS A MINISTERIAL APPROVAL. SO THOSE THRESHOLDS CAN TRIGGER A DEVELOPMENT TO GO TO A PUBLIC HEARING OF THE PLANNING COMMISSION, EVEN THOUGH THE PLANNING COMMISSION IS REQUIRED BY LAW TO APPROVE THE PLAN. SO THAT'S ANOTHER BARRIER THAT EXISTS IN THE NEIGHBORHOODS AND ON THE TRANSPORTATION CORRIDORS.YOU KNOW, WE DON'T HAVE THIS IS ONE OF THOSE SITUATIONS WHERE WE DON'T HAVE GOOD QUANTITATIVE DATA, ON THIS SORT OF WHETHER OR NOT PEOPLE ARE BUILDING BECAUSE OF THIS, BECAUSE THERE COULD BE A LOT OF PEOPLE THAT SEE THIS PUBLIC HEARING REQUIREMENT AND SAY, I'M JUST GOING TO GO LOWER THAN THE THRESHOLD, OR I'M NOT GOING TO GO UP TO THE UNITS THAT I WANT TO GO TO, OR I'M NOT GOING TO GO TO THE SIZE I WANT TO GO TO, BECAUSE I DON'T WANT TO HIT THAT PUBLIC HEARING REQUIREMENT. TO YOUR POINT, THERE IS THAT. EXACTLY. SO TO THE POINT OF WHAT HAPPENED WITH TUCKER STATION ROAD AND THE GROCERY STORE ISSUE BY THE PLANNING COMMISSION HAD APPROVED, AND THEY WERE REQUIRED TO PASS IT. BUT BECAUSE OF THE FORM DISTRICT THAT WAS LAID OVER TOP OF IT, IT DIDN'T HIT THE REQUIREMENTS. AND THAT'S WHY IT WAS ESSENTIALLY OVERTURNED. IS THAT CORRECT? I'M GOING TO LET BRIAN DO THAT ONE BECAUSE I WAS I'M NOT FAMILIAR WITH THAT DEVELOPMENT. THERE WAS ANOTHER LAYER IN THAT PARTICULAR EXAMPLE WHERE YOU HAD, ADDITIONAL STANDARDS THAT WERE PUT ON BECAUSE IT'S IN A PD DISTRICT THAT WERE DIFFERENT THAN LIKE THE QUOTE UNQUOTE, NORMAL ZONING AND FORM DISTRICT REGULATIONS, IN THAT SITUATION, WHY WOULDN'T THE PLANNING COMMISSION HAVE THE PD DISTRICT STUFF BEFORE THEY APPROVED IT? JUST OUT OF CURIOSITY, TO SAVE THAT LAYER OF EXTRA HEADACHE THAT EVERYBODY WENT THROUGH, GOING BACK AND FORTH OVER IT? I MEAN, WOULDN'T THAT HAVE WE COULD SPEND AN HOUR ON THAT. YEAH FAIR ENOUGH. YEAH.
WELL I'LL DO THE NEXT PRESENTATION ON PD, RIGHT. YEAH. I DID WANT TO SAY THOUGH THAT IT'S, IT'S WHAT YOU SAID WAS VERY INTERESTING BECAUSE WE THINK JUST IN GENERAL THAT A PUBLIC HEARING, YOU KNOW, ALLOWING THE PUBLIC TO COME IN AND WEIGH IN IS A GOOD THING.
BUT WHAT YOU JUST SAID WAS IT TRIGGERS A PUBLIC HEARING, BUT THE PLANNING COMMISSION IS REQUIRED TO APPROVE IT. SO WHILE SO IT CREATES THIS, THIS DILEMMA OR THIS CONTENTIOUS KIND OF THING WHERE PEOPLE CAN COME IN AND SCREAM ABOUT IT ALL THEY WANT BECAUSE THE PUBLIC, BECAUSE THE PUBLIC HEARING IS REQUIRED. BUT THE PLANNING COMMISSION ISN'T GOING TO LISTEN TO ANY OF THAT BECAUSE THEY'RE REQUIRED TO APPROVE IT. AND ANY TIME THAT IS SET UP, THAT'S THAT'S SETTING THE PUBLIC UP FOR FAILURE, WHICH I THINK IS A MISTAKE. RIGHT? WE DON'T WE NEED TO LOOK AT ANY SITUATIONS LIKE THAT WHERE WHERE OUR PUBLIC HEARING IS TRIGGERED. BUT WHERE WE, THE PLANNING COMMISSION, IN THIS CASE, THE PUBLIC BODY IS NOT ALLOWED TO OR REQUIRED TO LISTEN TO THEM. THAT IS SETTING THE WHOLE PROCESS UP FOR FAILURE. IN MY IN MY MIND, IF THE PUBLIC IS GOING TO BE INVOLVED, THEN THERE SHOULD BE MORE MORE RESULTS AVAILABLE THAN JUST THE ONE. IF THAT MAKES SENSE. YEAH, I THINK THAT MAKES SENSE. AND I THINK IT'S A VERY KEY OBSERVATION OF MAYBE WHERE, A SIGNIFICANT PIECE OF THE FRUSTRATION MIGHT BE COMING FROM, IN THE COMMUNITY AND FROM THE STAFF AND FROM THE DEVELOPMENT COMMUNITY AS WELL. SO WE'VE GOT THESE BARRIERS THAT WE TALKED ABOUT. WE HAVE, YOU KNOW, THE, THE COMPLEXITY OF THE DESIGN STANDARDS AND THE BUILDING HEIGHT ON THE TRANSPORTATION CORRIDORS. WE HAVE THE ISSUE WITH THE BUILDING HEIGHT MEASUREMENT, AND THEN WE HAVE THIS PUBLIC HEARING REQUIREMENT FOR MINISTERIAL APPROVALS. AND THIS IS JUST A VERY GENERAL, GENERAL BROAD OVERVIEW OF THE BARRIERS, THERE'S SOME MUCH MORE SPECIFIC, EVEN MORE JARGONY THINGS THAT WE COULD LOOK AT, BUT THEY ALL KIND OF FALL UNDER THESE GENERAL CATEGORIES. SO WHAT I WANTED TO DO REALLY QUICKLY IS TO JUST KIND OF TAKE THIS AND SEE IF IT HELPS TO MAYBE WALK THROUGH AN EXAMPLE OF WHAT A DEVELOPMENT OR WHAT A PERSON WOULD BE LOOKING AT IF THEY WANTED TO DEVELOP HOUSING OR MIXED USE. SO I HAVE, THE DIXIE MANOR SHOPPING CENTER PULLED UP HERE, AND I THOUGHT WE COULD USE IT AS AN EXAMPLE OF, KIND OF WALKING THROUGH THE CODE TO SEE WHAT KIND OF DEVELOPMENT WE CAN BUILD, SO, I'M SURE MANY OF YOU ARE FAMILIAR WITH DIXIE MANOR. IT'S AN UNDERUTILIZED SUBURBAN RETAIL CENTER. IT'S GOT C1 ZONING, AND IT'S IN THE SUBURBAN MARKETPLACE CORRIDOR FORM DISTRICT. IT'S 23 ACRES, AND IT'S ON ROUTE NUMBER TEN. IT'S ON OUR BRT ROUTE. ONE OF OUR HIGHEST FREQUENCY ROUTES IN THE SYSTEM. PRESUMABLY THIS IS WHERE WE SHOULD BE FOCUSING OUR MOST DENSE, MIXED USE DEVELOPMENT OR ON OUR HIGH FREQUENCY TRANSIT CORRIDORS. SO IF WE LOOK AT THIS, THE FIRST THING SOMEBODY IS GOING TO ASK IS, HOW MANY UNITS CAN I BUILD OR HOW BIG CAN THE BUILDINGS BE? SO THAT'S IN OUR ZONING DISTRICTS. WE LOOK AT THAT BASED ON THE ACREAGE OF THE PROPERTY.
WE COULD SEE THERE'S A MAXIMUM OF 825 UNITS, ABOUT 1,000,000FTS OF TOTAL USABLE BUILDING AREA.
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AND YOU'RE LIKE, THAT'S GREAT. THAT'S THAT'S A REALLY BIG, LARGE SIZE DEVELOPMENT. THAT'S, YOU KNOW, SOMETHING THAT COULD REALLY PROVIDE A LOT OF HOUSING AND RETAIL BENEFIT TO THE COMMUNITY. SO THEN WE GO EVEN FURTHER INTO THE CODE AND WE START LOOKING AT WHAT THE DESIGN REQUIREMENTS ARE. THE FORM DISTRICTS, THE MAXIMUM HEIGHT IN SUBURBAN MARKETPLACE CORRIDOR IS 60FT. AGAIN, WE'RE NOT MEASURING THAT IN STORIES, WE'RE JUST MEASURING IT IN FEET. SO IF YOU'RE AT 60, IF YOUR BUILDINGS COME IN AT 61, 62, YOU HAVE TO COME IN FOR A VARIANCE FOR THAT 1 OR 2FT, EVEN IF YOU'RE JUST TRYING TO GET TO FIVE STORIES AND YOU JUST NEED THAT EXTRA FOOT TO GET ALL THE WAY TO THE FIFTH STORY. BUT THEN YOU HAVE TO CONSIDER THOSE OTHER TWO HEIGHT PIECES THAT I MENTIONED BEFORE, THE TRANSITION STANDARDS, IN THIS CASE ON DIXIE MANOR, THE TRANSITION STANDARDS APPLY. WE HAVE TO GO LOOK AT A DIFFERENT SECTION OF THE LAND DEVELOPMENT CODE, AND WE FIND OUT NOW THAT OUR MAXIMUM HEIGHT IS REDUCED TO 45FT. SO WE'RE PROBABLY NOT GOING TO MAKE THAT ALREADY THAT 825 UNITS OR THE MILLION TOTAL SQUARE FEET, BECAUSE WE JUST CAN'T GET THAT MUCH, WHEN OUR HEIGHT IS LIMITED TO 45FT. THIS IS IN A SUBURBAN FORM. IF IT WAS IN A TRADITIONAL FORM, LIKE ON, YOU KNOW, THE URBAN PARTS OF FRANKFORT OR BROWNSBORO OR THE URBAN PARTS OF DIXIE, THEN THOSE INFILL STANDARDS WOULD ALSO APPLY.THAT'S ANOTHER SECTION OF THE CODE THAT WE HAVE TO GO TO LOOK AT. THIS WOULD MAKE THAT MAXIMUM HEIGHT BE REDUCED EVEN MORE IF THE BUILDINGS AROUND IT WERE SHORTER. SO AS WE'RE GOING AND WE'RE JUST AT HEIGHT RIGHT NOW, THE BOX THAT WE CAN BUILD IN IS ALREADY GETTING SMALLER AND SMALLER AND SMALLER. AND THEN WE GET TO THE ACTUAL DESIGN STANDARDS OF HOW THE SITE WILL BE LAID OUT. YOU CAN SEE THERE'S A LOT OF WORDS HERE, AND I WON'T GO THROUGH ALL OF THEM, BUT EVERYTHING THAT'S IN BOLD THAT YOU SEE THERE IS A DIFFERENT SECTION OF THE CODE THAT YOU WOULD HAVE TO GO TO REFERENCE TO FIGURE OUT EXACTLY WHAT KIND OF DEVELOPMENT THAT YOU CAN BUILD.
SO THE MIXED USE DEVELOPMENT HAS A DIFFERENT SET OF DESIGN STANDARDS THAN IF YOU JUST WANTED TO DO RESIDENTIAL DEVELOPMENT, AND THEN THERE'S SPECIFIC DESIGNS FOR THE MARKETPLACE CORRIDOR. OR IF YOU'RE RESIDENTIAL NOW, YOU'RE KICKED TO THE NEIGHBORHOOD STANDARDS. THOSE TRANSITION STANDARDS APPLY AGAIN HERE. THOSE INFILL STANDARDS IN TRADITIONAL FORMS WOULD APPLY IF THIS WAS IN AN URBAN CONTEXT. SO YOU CAN SEE THAT AS WE GO FURTHER AND FURTHER INTO THE CODE TO TRY TO FIGURE OUT WHAT WE CAN BUILD AND HOW WE CAN REVITALIZE DIXIE MANOR, OUR BUILDING BOX KEEPS GETTING SMALLER AND KEEPS GETTING MORE COMPLEX TO FIGURE OUT. AND THEN IF WE GET TO THOSE MINISTERIAL APPROVALS THAT WE WERE TALKING ABOUT. SO LET'S JUST SAY SOMEBODY WAS ABLE TO GO ALL THE WAY THROUGH, THEY CAME UP WITH A GOOD MIXED USE DEVELOPMENT ON THE DIXIE MANOR SITE, AND IT MET ALL THE SECTIONS OF THE CODE. IF THE BUILDING FOOTPRINT WAS OVER 30,000FT■!S, YOU HAVE TO GO TO A PUBLIC HEARING EVEN THOUGH THEY MEET THE CODE AND EVEN THOUGH IT'S REQUIRED TO BE APPROVED IF THEY HAVE OVER TEN DWELLING UNITS, EVEN IF THEY MEET THE CODE, THEY STILL HAVE TO GO TO A PUBLIC HEARING, EVEN THOUGH THE APPROVAL IS REQUIRED BY LAW. SO THESE ARE SAY THAT AGAIN IT HAS TO GO TO A PUBLIC HEARING, EVEN THOUGH APPROVAL IS REQUIRED BY LAW. YES. SO YOU'RE SETTING YOU'RE SETTING THE PUBLIC UP FOR IF THE PUBLIC DECIDES THEY DON'T WANT IT FOR WHATEVER REASON, IT'S TRIGGERING THE PUBLIC HEARING. YOU'RE INVITING ALL THESE PEOPLE TO COME AND SAY ALL THESE THINGS, AND THERE'S ONLY ONE OUTCOME. NO MATTER WHAT IS SAID AT THAT MEETING, IT'S A PRECONCEIVED RIGHT. IT SET THEM UP FOR FAILURE. IT'S SETTING THE WHOLE THING UP. AND THIS IS KEEP IN MIND THIS IS IF IT MEETS THE LAND DEVELOPMENT CODE. SO IF THEY GO THROUGH AND THEY'RE LIKE, I CAN'T MEET ONE OF THESE 10,000 COMPLEX DESIGN STANDARDS, AND I NEED A VARIANCE THAT'S GOING TO A PUBLIC HEARING ANYWAYS. AND THAT IS A DISCRETIONARY DECISION BY THE BOARD OF ZONING ADJUSTMENT OR BY THE PLANNING COMMISSION. AND THEN PUBLIC COMMENT IS CONSIDERED. AND IT'S A DISCRETIONARY DECISION OF THOSE BODIES, OF THOSE APPOINTED BODIES OF WHETHER OR NOT TO GRANT THAT RELIEF FROM THE CODE, BUT IF IT MEETS ALL PARTS OF THE CODE AND WE JUST HAVE THESE THRESHOLDS, IF IT HITS WHATEVER THAT CERTAIN THRESHOLD IS, THEN IT STILL HAS TO GO TO THE PUBLIC HEARING. LIKE YOU SAID, EVEN THOUGH THE PLANNING COMMISSION IS REQUIRED TO APPROVE IT. SO THAT'S JUST, YOU KNOW, A GOOD EXAMPLE THAT'S KIND OF, YOU KNOW, AGAIN, THAT WAS A KIND OF A ALMOST LIKE A 5000, YOU KNOW, FEET OUT VIEW OF HOW TO DO A REDEVELOPMENT. BUT THESE ARE JUST SOME OF THE THINGS THAT A DEVELOPER IS CONSIDERING YOU KNOW, IF WE'RE REALLY TRYING TO GET TO THIS ULTIMATE POINT OF WHY IS NO ONE BUILDING MIXED USE, WHY IS NO ONE REVITALIZING DIXIE MANOR OR INDIAN TRAIL OR ALL OF THESE, YOU KNOW, OUTDATE, UNDERUTILIZED SUBURBAN SHOPPING CENTERS THAT ARE RIPE FOR REDEVELOPMENT? IT'S BECAUSE SOMEONE COMES IN AND THEY LOOK AT THIS CODE AND THEY'RE LIKE, EITHER EITHER LIKE, THIS IS TOO COMPLEX. AND I DON'T WANT TO DEAL WITH IT. OR EVEN, YOU KNOW, THEY GET ALL THE WAY THROUGH. THEY'RE LIKE, I FIGURED OUT HOW TO MEET THE CODE. AND STILL THEY HAVE TO ADD, YOU KNOW, TWO, FOUR WEEKS OF EXTRA TIME ONTO THEIRS JUST TO GO TO THAT PUBLIC HEARING. SO THERE'S A LOT OF BARRIERS GOING ON HERE JUST IN THE REGULATIONS, YOU KNOW, AND ALL OF THIS IS SANS WHATEVER'S HAPPENING, FROM MARKET FORCES
[00:40:03]
AND OTHER, YOU KNOW, EXTERNAL ECONOMIC FORCES, THIS IS ALL JUST BAKED IN TO THE ACTUAL LAND DEVELOPMENT CODE REGULATIONS. SORRY. THANK YOU. SO LET'S USE DIXIE MANOR AGAIN. FOR EXAMPLE, IF THE PROPERTY OWNER, THE DEVELOPER, WANTED TO BUILD MIXED USE ON THE PARKING SPACE LOT OF THAT PROPERTY RATHER THAN BUILDING UP ON THE MILLION SQUARE FOOT, AND THEY CAN HIT THOSE HEIGHT REQUIREMENTS. IS THAT FEASIBLE? IT IS FEASIBLE. IS THERE A PARKING REQUIREMENT? WHAT'S THAT STUFF LOOK LIKE. YEAH. SO THERE SO THAT'S I DIDN'T EVEN ADD IN THE PARKING REQUIREMENTS BECAUSE THAT WOULD HAVE BEEN A WHOLE OTHER CONVERSATION. BUT YEAH THERE ARE PARKING REQUIREMENTS STILL THAT WOULD HAVE TO BE MET, YOU KNOW, AGAIN, THAT'S A WHOLE DIFFERENT.THERE'S A, YEAH. SO, YOU KNOW, THERE'S A WHOLE OTHER REQUIREMENTS OF PARKING, AND YOU'RE COMPLETELY RIGHT ABOUT THAT. PARKING OFTENTIMES IS ANOTHER ONE OF THOSE THINGS THAT MAKES THE BOX SMALLER. YOU HAVE TO YOU HAVE TO FIT THE PARKING ON THE SITE. SO THE BUILDING IS NOW SMALLER BECAUSE YOU HAVE TO FIT THE PARKING ON SITE. BUT OSTENSIBLY, IF SOMEONE WANTS TO REDEVELOP THIS INTO MIXED USE RIGHT NOW, THE ZONING ALLOWS FOR THAT. THERE'S NOTHING ABOUT THE ZONING THAT RESTRICTS MIXED USE. RESIDENTIAL AND COMMERCIAL ARE BOTH ALLOWED IN C1, WHICH IS WHAT DIXIE MANOR IS ZONED. THE ISSUE THEN BECOMES THE THINGS THAT ARE IN THOSE FORM DISTRICT STANDARDS, THOSE DESIGN STANDARDS OF THE HEIGHT LIMITATIONS, THE SITE DESIGN LIMITATIONS, WHERE, YOU KNOW, YOU KNOW, AS WE HEARD IN THE LAST PRESENTATION FROM THE OFFICE OF HOUSING, YOU KNOW, THESE THINGS ULTIMATELY HAVE TO PENCIL OUT FOR THE DEVELOPERS.
AND IF THEY'RE ONLY GOING TO GET A BOX THAT'S THIS SMALL, THEN IT'S NOT WORTH IT TO THEM TO BE ABLE TO DEVELOP IN THAT PARKING LOT. THEY NEED TO HAVE A LITTLE BIT MORE FREEDOM AND FLEXIBILITY TO BE ABLE TO MAKE MAKE THESE THINGS WORK. COUNCILWOMAN MARY. OKAY. THANK YOU. YOU ALL ARE BRINGING UP LOTS OF QUESTIONS FOR ME. YOU START TALKING ABOUT PARKING, AND I KNOW AT ONE POINT IN A CULTURE THAT IS VERY CAR CENTRIC, WE HAD LOTS OF PARKING SPACES WE WERE REQUIRED TO HAVE.
IS THAT HOW HOW IS THAT THINKING CHANGING? SO WE MADE SOME SIGNIFICANT CHANGES TO THE PARKING CHAPTER OF OUR CODE, A FEW YEARS AGO IN 2021, RIGHT? YEAH. 2021. WHERE WE SIGNIFICANTLY REDUCED THE MINIMUM REQUIRED AMOUNT OF PARKING, WHILE STILL RECOGNIZING THAT, YOU KNOW, THE MORE SUBURBAN AREAS OF OUR CITY STILL DO NEED SOME PARKING. YOU KNOW, IT'S THESE KINDS OF THINGS AREN'T GOING TO CHANGE OVERNIGHT, BUT WE REDUCED THE AMOUNT OF THAT MINIMUM PARKING. WE ELIMINATED THE REQUIREMENT, THE MINIMUM REQUIREMENT FOR RESIDENTIAL IN TRADITIONAL FORMS. SO IN THE URBAN AREAS, WE ELIMINATED THAT MINIMUM PARKING REQUIREMENT. SO IF YOU WANT TO BUILD A NEW SINGLE FAMILY HOME IN A TRADITIONAL NEIGHBORHOOD, YOU KNOW, YOU DON'T HAVE TO INCLUDE PARKING WITH THAT BECAUSE WE'RE STARTING TO UNDERSTAND THAT THOSE AREAS ARE BUILT ON A STREET GRID. THEY'RE WALKABLE. WE WANT TO ENCOURAGE THAT KIND OF ALTERNATE FORMS OF TRANSPORTATION AND WALKING AND BIKING AND TRANSIT INSTEAD OF IN PARKING. SO WE'VE MADE SOME SIGNIFICANT UPDATES. I KNOW THAT YOU'LL SEE ACROSS THE COUNTRY A LOT OF CITIES COMPLETELY ELIMINATING MINIMUM PARKING REQUIREMENTS ACROSS THE ENTIRE CITY, MANY OF THOSE, AS WE LIKE TO SAY, THOSE ARE THOSE ARE CONTAINED THEIR CITIES, THEY DON'T HAVE MAYBE THE SUBURBAN ELEMENTS THAT WE HAVE. IN, IN, THROUGHOUT ALL OF JEFFERSON COUNTY. DIDN'T THEY DO THAT IN NASHVILLE, THOUGH? DIDN'T THEY ELIMINATE THE MINIMUM REQUIREMENTS IN NASHVILLE? I THINK NASHVILLE DID IT. I KNOW LEXINGTON DID. I SAW I WAS READING SOMETHING THIS WEEK. IT WAS TALKING ABOUT NASHVILLE AND DAVIDSON COUNTY, I THINK. ARE THEY ARE THERE THEY OPERATE AS SO. SO I THINK BOTH NASHVILLE AND AUSTIN, TEXAS. YEAH. AUSTIN I MEAN MANY MINNEAPOLIS AGAIN WAS ONE OF THE FIRST. THOSE ARE SOME BIG CITIES THAT HAVE ELIMINATED COMPLETELY ELIMINATED THAT MINIMUM PARKING REQUIREMEN, TO AGAIN TO ADD TO GIVE MORE FLEXIBILITY TO DEVELOPERS. ONE BUT TWO TO TRY TO, CHANGE THE THOUGHT PROCESS ABOUT HOW CITIES OPERATE AND HOW THEY'RE BUILT. I THINK THE OTHER THING ON PARKING THAT'S IMPORTANT TO REMEMBER IS THAT JUST JUST BECAUSE A CITY OR THE REGULATIONS DON'T REQUIRE PARKING DOESN'T MEAN THAT THEY CAN'T BUILD PARKING, RIGHT? THE IDEA IS THAT THE MARKET WILL STILL DRIVE THE AMOUNT OF PARKING THAT IS INCLUDED ON A SITE. WE JUST WANT TO PROVIDE THE FLEXIBILITY OR CITIES HAVE WANTED TO PROVIDE THE FLEXIBILITY TO NOT REQUIRE PARKING. IF THE DEVELOPER OR THE BUILDER DECIDES THAT THE PARKING ISN'T NECESSARY ON THAT LOT. AND OH, BY THE WAY, NASHVILLE, WHILE DOING THAT OR RIGHT AFTER DOING THAT IS PUT PUT ON THE BALLOT THIS YEAR, THE MAYOR AND THE
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ADMINISTRATION PUT ON THE BALLOT THIS YEAR A BALLOT INITIATIVE THAT WOULD RAISE A SIGNIFICANT AMOUNT OF TAX REVENUE FOR TRANSPORTATION PROJECTS IN NASHVILLE. SO THEY'RE RECOGNIZING THAT, YES, THEY'RE ELIMINATING PARKING REQUIREMENTS. BUT NUMBER TWO, THE SECOND STEP OF THAT IS WE'VE GOT TO BEEF UP WHAT WE'RE DOING, YOU KNOW, IN TERMS OF TRANSPORTATION, PUBLIC TRANSPORTATION, THINGS LIKE THAT. SO THOSE TWO THINGS GO HAND IN HAND AND THEY'RE DOING THAT RIGHT NOW IN NASHVILLE. SOUNDS A LOT LIKE CONVERSATIONS AROUND HERE. SO I JUST KIND OF WANTED TO CONCLUDE WITH WE'VE TALKED ABOUT THE BARRIERS. SOME OF THE GENERAL THE GENERAL ISSUES THAT WE SEE IN THE CODE TO MIXED USE DEVELOPMENT AND HOUSING AND MIXED USE DEVELOPMENT ON CORRIDORS, SO HOW CAN WE REMOVE THESE THINGS THAT HAS BEEN ONE OF THE PRIMARY FOCUSES OF THAT HOUSING AND MIXED USE DEVELOPMENT STUDY THAT WE TALKED ABOUT, YOU GUYS HAVE PROBABLY FAMILIAR WITH THIS MAP THAT WE PRESENTED EARLIER THIS YEAR, SO WE'VE IDENTIFIED A LOT OF THESE BARRIERS THAT WE PRESENTED, TODAY THROUGH THIS STUDY. AND THEN WE ARE GOING TO GET A FINAL IMPLEMENTATION STRATEGIES REPORT. THAT WILL BE RELEASED IN THE COMING WEEKS. AND THAT WILL HAVE RECOMMENDED POLICIES AND LAND DEVELOPMENT CODE CHANGES TO REMOVE THESE BARRIERS AND TO PROVIDE SOLUTIONS, IN OUR REGULATORY FRAMEWORK THAT WILL ALLOW AND ENCOURAGE MORE MIXED USE DEVELOPMENT, SPECIFICALLY ON OUR TRANSIT CORRIDORS, THAT YOU CAN SEE IN THE MAP THERE. AND SO OUR SORT OF NEXT STEPS HERE, FROM, FROM THE OFFICE OF PLANNING'S POINT OF VIEW IS THAT WE'RE GOING TO RECEIVE THAT IMPLEMENTATION REPORT, EVALUATE THE RECOMMENDATIONS. WE'LL HOST THAT REPORT ONLINE FOR PUBLIC FEEDBACK AND COMMENT, OUR PLAN CURRENTLY IS TO ADOPT THE EXECUTIVE SUMMARY AND RECOMMENDATIONS OF THAT REPORT AND THAT STUDY AS AN AMENDMENT TO THE COMPREHENSIVE PLAN, SIMILAR TO HOW WE DO NEIGHBORHOOD PLANS, SO THAT IT WILL BE PART OF OUR GUIDING LAND USE POLICY GOING FORWARD. AND THEN WE WILL PLAN TO DRAFT CHANGES TO THE LAND DEVELOPMENT CODE BASED ON THE RECOMMENDATIONS IN THAT HOUSING AND MIXED USE STUDY. SO I HAVE A QUESTION ABOUT THAT. SO THE FIRST PART OF THAT SOUNDS ADMINISTRATIVE THAT YOU GUYS ADOPT THE EXECUTIVE SUMMARY. AND THAT'S AN ADMINISTRATIVE ACTION. YEP. AND THEN YOU DRAFT PROPOSAL DRAFT ORDINANCE PROPOSAL I GUESS THAT WOULD THEN COME TO US AND IT WOULD HAVE TO GO THROUGH THE LEGISLATIVE PROCESS. YEAH. THAT'S CORRECT. THE ADOPTION ALSO COMES TO YOU TECHNICALLY BECAUSE IT'S AN AMENDMENT TO THE COMPREHENSIVE PLAN, WHICH IS SOMETHING THAT METRO COUNCIL IS REQUIRED TO APPROVE AS WELL, JUST LIKE A NEIGHBORHOOD PLAN, BUT YEAH, THAT THAT ACTION IS MORE ADMINISTRATIVE, AND THEN THE ACTUAL LEGISLATIVE CHANGES WILL BE, WILL COME HOPEFULLY SHORTLY AFTER THAT, AND WILL, BE CHANGES TO THE ACTUAL LAND DEVELOPMENT CODE BASED ON THE RECOMMENDATIONS IN THE STUDY. AND I, I KNOW THAT THIS IS YOU'VE JUST RECEIVED THIS STUDY.WHEN YOU SAY THE NEXT, IS IT POSSIBLE TO HAVE KIND OF A LIST OF THOSE RECOMMENDATIONS, POTENTIALLY BY OUR NEXT MEETING SO WE CAN REVIEW AND DISCUSS AT OUR NEXT MEETING? I'D REALLY LIKE FOR US AS A GROUP TO BE ABLE TO HAVE SOME VERY TANGIBLE THINGS ON OUR, ON OUR DESK THAT WE CAN. AND I KNOW THERE'S GOING TO BE SOME COMPROMISE OVER HERE, BECAUSE SOME OF THESE THINGS ARE, COMPLEX. AND, YOU KNOW, MAYBE ONE SIZE DOESN'T FIT ALL, BUT IS THAT SOMETHING THAT WE MIGHT BE ABLE TO EXPECT AT OUR NEXT MEETING TO BE ABLE TO HAVE A DRAFT OF THOSE THINGS THAT WE CAN DISCUSS AS A, AS A BROADER GROUP? I THINK. SO, YEAH. I THINK THAT WE'RE CLOSE TO HAVING THAT REPORT IN OUR HANDS, AND WE'LL JUST NEED TO DO SOME PROBABLY MINOR EDITING, ONCE IT COMES TO US. BUT I THINK BY THE NEXT MEETING AT LEAST, DEFINITELY A LIST OF THE RECOMMENDATIONS, IF NOT THE ENTIRE IMPLEMENTATION REPORT. WHICH WOULD BE RESPECTFUL. YES.
GO AHEAD. YEAH. SO THANK YOU, CHAIR. SO I HAVE A COUPLE QUESTIONS, JUST, YOU KNOW, AND WE MAY HAVE TOUCHED ON THEM A LITTLE BIT, BUT JUST BACK TO THE FIRST ONE I HAD, YOU KNOW, WE WERE TALKING ABOUT 45 FOOT HEIGHT, IN DISTRICTS. AND THEN IF THERE WAS NO FORM DISTRICT, THEY CAN GO WITH THAT MEASURE WITHOUT GOING THROUGH ANY WAIVERS. IS THAT CORRECT? SO THE ISSUE THERE IS THAT EACH FORM DISTRICT, WHICH IS WHAT GOVERNS DESIGN IN THE CODE, EACH FORM DISTRICT HAS A MAXIMUM HEIGHT LAID OUT BASED ON WHAT THE FORM IS, WE WERE TALKING ABOUT IN A SUBURBAN MARKETPLACE CORRIDOR FORM, WHICH WOULD BE OUR SUBURBAN COMMERCIAL CORRIDORS,
[00:50:03]
THAT THE MAXIMUM HEIGHT IS 60FT. THAT'S JUST, YOU KNOW, WHEN IT SAYS BUILDING HEIGHT, MAXIMUM 60FT, THE ISSUE BECOMES THAT THERE ARE THESE EXTRA LAYERS OF REGULATION ON TOP OF THAT. AND THOSE ARE THOSE TRANSITION STANDARDS OR THE INFILL STANDARDS THAT WE WERE TALKING ABOUT. AND YOU HAVE TO REFERENCE OTHER SECTIONS OF THE CODE TO SEE THOSE. AND THEN THAT'S WHEN THE HEIGHT MIGHT BE REDUCED, IS BASED ON WHETHER IT HAS THOSE TRANSITION OR INFILL STANDARDS APPLY. OKAY. IS THERE A WAY SORRY. THAT WAS LOUD. IS THERE A WAY THAT WE CAN PULL THOSE SECTIONS OF THE CODE AND PUT THEM IN ONE PLACE? SO IT'S ALL KIND OF BLACK AND WHITE IN ONE AREA RATHER THAN OH, WE'RE WE'RE HERE, WE'RE GOING TO DO THIS. BUT THEN WE GOT TO TURN TEN PAGES AND OH, NOW WE CAN'T DO THIS. WE CAN ONLY DO THIS. HOW DO WE NARROW THAT IN, AND THEN MY LAST QUESTION IS HOW MANY HEIGHT VARIANCES DO WE USUALLY GIVE ON AN ANNUAL BASIS. AND THEN COUNCILMAN READ IT WAS IN THE QUEUE. SO I'M GOING TO PASS IT ON TO HIM AFTER THAT. OKAY, FOR THE FIRST ONE, YES. I THINK THAT'S THE GOAL OVERALL IS TO BE ABLE TO I THINK WHAT WE WANT IS FOR SOMEBODY TO SAY, I'M IN A SUBURBAN MARKETPLACE CORRIDOR, OKAY, I JUST NEED TO GO TO THE SUBURBAN MARKETPLACE CORRIDOR, READ THE LIST. AND THAT'S WHAT I AND THAT'S WHAT I HAVE. AND I THINK THAT IS THE GOAL THAT WE ARE HEADED TOWARDS AND WHERE WE WOULD LIKE THE CODE TO BE. AND HOPE THAT THE RECOMMENDATIONS THAT WE'RE GOING TO GET FROM THIS STUDY ARE GOING TO BE ALONG THOSE LINES. IT MIGHT TAKE US FROM 1000 PAGES TO 700, YOU KNOW, I MEAN, YOU KNOW, THAT'S I MEAN, THAT WOULD BE INCREDIBLE. BUT THAT'S THAT'S ACTUALLY EXACTLY WHAT WE'RE TRYING TO ACCOMPLISH HERE, RIGHT? THAT YOU HAVE MORE THINGS, MORE DEVELOPMENTS THAT ARE BY RIGHT THAT ARE NOT ONLY BY RIGHT, BUT THAT ARE THAT ARE IT'S VERY CLEAR WHAT THAT IS. RIGHT? AND IT PERHAPS IS ALL IN ONE PLACE. AND YOU JUST GO AND THERE IT IS. AND THAT'S WHAT YOU'RE THAT'S WHAT YOU'RE ABLE TO DO. STREAMLINING THE CODE IS A HUGE PART OF THIS. YEAH. AND I THINK YOU'VE HEARD JOEL SAY BEFORE AND PROBABLY BRIAN TOO, A BIG PART OF WHAT WE'RE TRYING TO DO IS IN THE LDC REFORM IN GENERAL, IS TELL PEOPLE WHAT WE WANT TO SEE, NOT OVERBURDEN PEOPLE WITH ALL OF THESE THINGS THAT THEY CAN'T DO NOT GIVE THEM SECTION AFTER SECTION, ALL, WE CAN'T DO THIS NOW. YOU CAN'T DO THIS NOW. WE JUST WANT TO SAY, HERE'S A VERY CLEAR SET OF STANDARDS OF WHAT YOU CAN DO, AND AS FOR THE DATA, WE CAN VERY EASILY GET THAT, GET THAT DATA FOR, FOR HEIGHT VARIANCES. WE HAVE IT A SET OF VARIANCE DATA. I JUST HAVEN'T, SORTED IT FOR HEIGHT, BUT I'LL DO THAT AND CAN GET THE NUMBERS BACK TO YOU. YEP. COUNCILMAN READ, THANK YOU, MR. CHAIR. AND THANK YOU FOR THE PRESENTATION. YOU'RE GOING TO BE SENDING THIS TO EACH COUNCIL OFFICE. I TAKE IT THIS POWERPOINT. YES, WE CAN DO THAT. ABSOLUTELY. OKAY I WOULD LIKE TO SEE IT. THANK YOU, SO JUST TO REITERATE WHAT COUNCILMAN OWEN SAID A MINUTE AGO, THIS IS TO ME, THIS CANNOT BE A ONE SIZE FITS ALL SOLUTION BECAUSE WE HAVE A VERY UNIQUE COMMUNITY IN EACH COUNCIL DISTRICT IS DIFFERENT. I REPRESENT A COUNCIL DISTRICT THAT HAS 13 SUBURBAN CITIES.MOST OF WHICH ARE DEED RESTRICTED AND COUNTLESS HOAS THAT ARE DEED RESTRICTED. SO YOU KNOW, I THINK THAT WE ALL, AT LEAST I DO BELIEVE IN THE END RESULT. HOW WE GET THERE IS ANOTHER MATTER. SO I'M JUST VERY HOPEFUL THAT WHATEVER IT IS THAT WE COME UP WITH IS GOING TO BE NUANCED, TO RECOGNIZE THAT, YOU KNOW, WE HAVE A VERY DIFFERENT CITY THAN THAN MINNEAPOLIS AND A VERY DIFFERENT CITY THAN, THAN MEMPHIS, AND EVEN THE EVEN THE COUNCIL DISTRICTS THEMSELVES ARE DIFFERENT. AND WHAT I CAN'T GET THROUGH MY MIND IS, YOU KNOW, THE SITUATION WHERE AN AREA IS DEED RESTRICTED, AND A DEVELOPER WANTS TO PUT MIDDLE HOUSING IN, AND IT'S, IT'S PROHIBITED BY, YOU KNOW, BY THEIR DEED RESTRICTIONS. SO ANYWAY, THAT THAT'S ME JUST SIMPLY SAYING THAT WHATEVER WE COME UP WITH, IT'S GOING TO HAVE TO BE, WE'RE GOING TO THREAD THE NEEDLE SOMEHOW. THANK YOU. ANYBODY ELSE HAVE ANY OTHER QUESTIONS? COUNCILWOMAN FOWLER, ARE YOU.
WE CAN'T HEAR YOU IF YOU'RE. I THINK SHE'S TRYING TO HIT THAT MUTE BUTTON. AND. YEAH. OKAY.
YEAH WE JUST HEARD YOU FOR A SECOND THERE. OH. CAN YOU. YES, WE HEARD WE CAN HEAR YOU NOW GO AHEAD. OKAY, SO I HAVE A QUESTION AND I YOU KNOW, IT'S A LITTLE OFF TOPIC BECAUSE THIS HAS ALREADY BEEN BEFORE US, WELL, IT HAS NOT BEEN BEFORE US. IT'S BEEN BEFORE, I BELIEVE THE,
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COMMISSION AND IT'S ABOUT MANUFACTURED HOUSING. IS THERE ANYBODY HERE, FROM PLANNING DESIGN? I'M NOT SURE IF THIS YOUNG LADY IS VERSED ON THAT SUBJECT OR NOT. WHAT? YEAH. GO AHEAD. COUNCILMAN. COUNCILWOMAN FOWLER. OKAY. YEAH SO, WELL, BRIAN, I THINK YOU'RE FAMILIAR WITH THIS ISSUE THAT I HAVE, FOUND IN MY DISTRICT. AND SO THERE WAS AN APPROVAL FOR TINY HOMES AND, ON A CERTAIN LOT, OFF OF DIXIE AND THEY SOLD A COUPLE OF LOTS TO A TRAILER OR A MOBILE HOME, FACILITY OR SO. DOUBLE WIDES OR SINGLE. THEY PUT A SINGLE WIDE TRAILER ON ONE OF THOSE LOTS, AND THEN ANOTHER LOT THAT IS STILL OWNED BY THE ORIGINAL DEVELOPER. THEY PUT A DUPLEX, SINGLE WIDE TRAILER. I NEED TO CLARIFY IF THE CHANGES TO THE MCO IS STILL PROHIBITING SINGLE WIDE TRAILERS, EXCEPT FOR IN A TRAILER PARK. SO THE, YOU KNOW, WE HAVE A REGISTERED, YOU KNOW, LEGISLATION BEFORE YOU ALL NOW FOR THE FACTORY BUILT HOUSING AMENDMENTS. AND IN THOSE IN THOSE AMENDMENTS I MEAN BY DEFINITION, YOU KNOW, WE DISTINGUISH THE DIFFERENCES BETWEEN FACTORY BUILT HOMES AND HOUSES VERSUS, YOU KNOW, YOUR QUOTE UNQUOTE, YOU KNOW, YOUR, YOUR TRAILERS, YOUR MANUFACTURED HOMES, WHATEVER, THERE ARE THERE ARE DEFINITIONS AND DESIGNED, DESIGN REGULATIONS THAT ARE BEING PROPOSED TO, TO DIFFERENTIATE, DIFFERENTIATE BETWEEN THOSE, AND SO, YOU KNOW, WE YOU WOULD STILL WE DID NOT MAKE ANY CHANGES TO THE, TO CHAPTER FOUR. THAT WOULD CHANGE. LIKE WHERE LIKE YOUR YOUR MOBILE HOME PARKS OR MANUFACTURED HOME.AREAS ARE, ARE PERMITTED. BUT WHAT WHAT WE ARE LOOKING AT IS JUST, YOU KNOW, BASED ON THE DIFFERENT TYPES OF PRODUCTS THAT ARE OUT THERE IN TERMS OF NON STICK BUILT HOUSES, YOU KNOW, CHANGES TO REGULATIONS TO PERMIT THOSE IN AREAS. AND SO THAT'S WHAT THE, THE PROPOSED LEGISLATION THAT, THAT IS BEFORE METRO COUNCIL NOW IS TAKEN UNDER CONSIDERATION. SO, SO ARE YOU SAYING THEN THAT SINGLE WIDE TRAILERS ARE GOING TO BE ALLOWED IN, NUMBER ONE, THE DEVELOPMENT PLAN DID NOT SPECIFY THAT THAT WAS OKAY. NUMBER TWO OR SINGLE WIDE TRAILERS ARE NOW GOING TO BE ALLOWED. SO THAT'S MY QUESTION, COUNCILWOMAN, IF YOU DON'T MIND, THIS IS RACHEL, AGAIN, I DO JUST WANT TO CLARIFY THAT, WHAT BRIAN WAS GETTING AT WAS THAT THE, LEGISLATION AND THE DEFINITIONS IN THE LAND DEVELOPMENT CODE, THEY DIFFERENTIATE BETWEEN A MOBILE HOME OR WHAT MANY WIDELY CONSIDERED TO BE CALLED TRAILERS. AND YOUR MODERN MANUFACTURED HOME, WHICH IS OF, OF A MUCH HIGHER QUALITY, NOW AND ESPECIALLY SINCE 2019, WHEN THE FEDERAL STANDARDS WERE UPDATED, AND SO I'M NOT SURE YOU KNOW, EXACTLY WHAT'S GOING ON ON THOSE SITES OUT THERE. YOU KNOW, WE CAN DISCUSS THAT, YOU KNOW, OFFLINE IF WE NEED TO. BUT THERE WILL DEFINITELY NOT. NO ONE WILL BE ALLOWED TO PLACE A MOBILE HOME OR A TRAILER ANYWHERE IN JEFFERSON COUNTY. THAT WILL NOT BE ALLOWED BY THE UPDATED REGULATIONS. OKAY, THAT WAS ALL I WANTED TO KNOW. I MEAN, SO BASICALLY THEY'RE GOING TO HAVE TO REMOVE THOSE FROM THOSE SITES. WE'RE NOT GOING TO FIND A WAY TO GET AROUND THAT RULE THAT ORDINANCE, TO ALLOW THEM NOT TO HAVE TO REMOVE THOSE TRAILERS. YEAH. WE, WE CAN TALK ABOUT THAT. WE COULD TALK ABOUT THAT SEPARATELY ABOUT THE SPECIFIC ISSUE ON THAT SITE, BUT ULTIMATELY, THE UPDATE TO THE FACTORY BUILD HOUSING STANDARDS, WAS CREATED SO THAT WE COULD HAVE A REALLY SPECIFIC AND STRICT SET OF DESIGN GUIDELINES, SO THAT THINGS WILL, SORRY, NOT THINGS SO THAT THE MANUFACTURED HOMES THAT ARE PLACED ON PROPERTIES, WILL BE CONSISTENT WITH NEIGHBORHOODS AROUND THEM.
WE ADDED SOME DESIGN REQUIREMENTS, LIKE REQUIREMENTS FOR FRONT PORCHES AND A FEW OTHER THINGS LIKE THAT. AND THAT'S THE BIG DIFFERENCE HERE, BECAUSE THAT AREA IS SURROUNDED BY, BRICK FRONT AND, WELL, FRONT, FRONT BACK AND SIDE HOMES. AND, NOW ALL OF A SUDDEN, I MEAN, THE NEIGHBORS ARE JUST LIVID, SO I JUST WANTED THAT CLARIFICATION. SO IT MIGHT BE
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NECESSARY TO HAVE SOME MORE CONVERSATION OFFLINE. YEAH. THANK YOU. YES. THANK YOU. AND JUST FOR CLARIFICATION, THAT ORDINANCE IS GOING IN FRONT OF PLANNING AND ZONING COMMITTEE ZONING, NOT IN FRONT ZONING COMMITTEE, AND NOT IN FRONT OF THIS COMMITTEE. CORRECT. SO WELL, WE AND THAT HAS BEEN IT WAS HELD, LAST TIME BECAUSE WE'RE WAITING TO SEE HOW THIS ALL FALLS OUT BECAUSE IF WE'RE GOING TO USE THAT AS A WAY TO ALLOW THEM TO DO THIS, THEN WE REALLY NEED TO LOOK CLOSELY AT THIS CHANGE AND MAKE SURE THAT IT'S NOT GOING TO HAVE, REPERCUSSIONS THAT WE DON'T INTEND. AGREED. SO THANK YOU FOR THAT INFORMATION, DOES ANYBODY ELSE HAVE ANY OTHER QUESTIONS OR CONCERNS? IF NOT, THANK YOU GUYS FOR COMING. WE REALLY APPRECIATE THE PRESENTATION. AND WITH NO FURTHER BUSINESS IN FRONT OF US, WE ARE ADJOURNED. THANK YOU.* This transcript was compiled from uncorrected Closed Captioning.