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Okay.

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We got sent today.

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Yes.

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I have an S.J.

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I don't have

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any.

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I have a name on here.

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Come check.

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Any.

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Good.

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Good.

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Okay.

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At this time, I will call the regular meeting of the Community Development Commission of January 26, 2026, Order.

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Mr. Murray, would you please call a roll?

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Yes.

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Good evening.

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Commissioner shorts.

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Here.

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Commissioner stats and league.

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I am here.

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President here. Vice chair Hunter here. Commissioner Ebek and online commissioner Evans. Can you hear us okay and use your mic.

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I can hear you.

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Wonderful and chair Scott.

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All right. Thank you all.

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In September of 2024 the Draingo City Council adopted by resolution the following Indigenous land acknowledgement.

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This is a call to honor and respect indigenous sovereignty and self-determination, as residents and visitors of Durango, we are called upon to educate ourselves about the history and cultural heritage of the land we inhabit.

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The city of Draingo is situated on the ancestral home lands and territories of the new

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Chuu, Yut, Kikariya Apache, Puebloes of New Mexico, Kopi Sinam, and Dene or Navajo

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Nations.

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The original stewards of this land were forcefully removed and exposed to countless atrocities

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by the United States government, including repeatedly broken treaties, forced assimilation,

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and the tragic legacy of Indian boarding schools and the loss of ancestral home lands.

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We recognize lasting generational trauma exists within Native communities today.

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We also affirm the continuing importance of ancestral sites to descendant communities as integral to the living cultural landscape.

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The acknowledgement only becomes meaningful when combined with accountable relationships and informed actions.

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May this serve as a step towards inclusion and reconciliation?

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All right. Moving on, I will go ahead and move to the Announcements section of our agenda.

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Staff, do you have any announcements or changes to the agenda that you're aware of tonight?

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I have several items I'd like to bring up at the end under reports and discussion items.

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Okay, noted, I will remind, help remind me, but I will make a note.

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Commissioners, any changes to tonight's agenda that we should be aware of or you like to request?

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Chair.

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Commissioner Abbott.

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Thank you.

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Commission, if you will, and Bill's may I have three.

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I have one fourth one for the discussion part of the agenda, but I do have three.

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Point of information, agenda item 7.2.

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I would request inclusion of code of Colorado regulations, inspection and consumer services division.

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R-E-8-C-C-R-12-2-15, section 11 physical facility standards, which I distributed last week

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to the commission.

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This counters the previous comment of no state regulations that are included in the

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minutes that we'll be looking at, but I wanted to make sure that that was incorporated

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in that particular agenda item.

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Another point of information,

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I would ask that Agenda Item 4, 7,

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8.1, Agenda Item 8.1, consideration for the presentation, commission review, to exclude drawings and renderings of interior school building design, and again, I presented information at the state session regarding that one.

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and the agenda item for consideration placed on the agenda.

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As I proposed to the Commission last week, a motion for a resolution of the City

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Drangle City Council requesting a change of current one-year mandate term for the

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Community Development Commission Board Chair to a maximum consecutive two-year

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board chair, tenure inclusive of an annual renewal by a majority board vote.

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I would like to incorporate that on the agenda as an action item.

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Thank you, Chair Scott. I would like to make one more note on the state regulations for the animal rescue and variants rescue use that in the preamble of those statements, I think it's section 2.

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something. It states they only apply to facilities that have more than 15 dog

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canals or have more than X number I've forgotten how many transfers per year. So I

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guess I'd like to caution the applicant to read that statement first and see if they

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are a big enough facility to need a state permit.

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Any other comments from the commissioners here?

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commissioners I would ask if there are any real or perceived

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conflicts of interest of anything on tonight's agenda that we should

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disclose. I see none here commissioner Evans and sure camera is not working

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tonight would you just verbally confirm if you have any conflicts of interest.

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I do not have any conflict. Okay. All right. I've seen none will move on. I do

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have if the commission will indulge me I have a couple of things for just I

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we'll call them chair, comments or whatever, which are just to address them business items for

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the commission. I'll make this relatively quick. First I want to take a moment to clarify

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two process items as we move forward together to continue to strengthen how we work as a commission.

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First, I want to acknowledge that sharing educational materials, background information and resources

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is both appreciated and important. That said, to help ensure transparency, consistency and

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co-axis information for all commissioners. I would ask that any materials intended for the full

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commission be sent to Mr. Murray for distribution. This will ensure that everyone receives

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the same information at the same time and that materials are properly included in the public

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record when appropriate. I think that's a simple change we can all do a better job of making sure

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the Mr. Murray gets those and distributes those on our behalf. Secondly, I would like to outline

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a proposed process for bringing items forward for discussion at future meetings.

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Similar to the approach that is used by a city council, I would suggest that we use item nine reports and discussion items as the appropriate place to raise new topics or requests.

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Under the approach, a commissioner would briefly describe the item and request a simple majority vote of a commission to indicate support for bringing a matter for further discussion, referral to staff or consideration by city council.

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And so, Commissioner Epic, I think that is what I would propose as a potential for your item.

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My general hope for this process is that it provides a clear, fair and efficient way

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to prioritize topics, respect staff time and ensures that issues brought forward reflect the collective interest

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of the commission rather than any individual.

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I want to thank you all for your continued engagement and thoughtful contributions, and I appreciate the collaborative spirit. We're all bringing forward to this, and I think that might be a way in which we can start to accomplish some of the items on our joint work list and have some further discussion on.

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Before I move on, does anyone have any quick comments or response to that?

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Okay, we can talk about a briefly at the end of the meeting just as fair bones, time, some more, but I would ask for one further indulgence from the commission in the staff, which is just that I would like to briefly reflect on a recent drink or herododical on January 21st, 2026 reporting on city council's discussion about changes to the LUDC as Earth as it relates to ADUs.

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What's it out to me was how closely the issues raised aligned with the concerns many

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to you expressed when the ADU code amendment came before this commission.

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You focus not only on the text amendment itself, but on how ADU's are actually functioning

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in the community, on the complexities of registration, tracking and enforcement.

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Several of you also raised important questions about infrastructure and plaque, including

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parking and utility capacity.

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On underscore that this kind of careful review of policy implementation is a critical part

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of what I view this commission's role. One of our core duties is to ensure the code amendments

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brought before us or initiated by us are informed by real world outcomes and advancing the

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long term goals of our community, not just short term policy objectives. These types of thoughtful

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reviews directly support the city of Draingo community development goals of fostering a sustainable

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inclusive and thriving environment through strategic growth management, affordable housing

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initiatives and engaged and enhanced civic engagement.

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Your engagement helped elevate these concerns early, and it's encouraging to see

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them now reflected in the broader community and at council discussions.

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And I just want to thank you all for the seriousness and care you bring to your work here.

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So, genuinely felt.

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All right.

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On that note, let's go ahead and move into our meeting as a whole.

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So we'll go to item number four, which is our public comment.

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I have a brief preamble for this.

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Given that all meetings of the Community Development Commission

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are hybrid meetings, allowing for both in-person and virtual

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participation, there are some details of how we'll run this meeting,

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which I'll explain before we get into this section of public comment.

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First, at every opportunity for public comment,

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I will call on those joining via teams first

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to be followed immediately by those president chambers tonight.

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of note, the chat feature in Teams is disabled for comments and they are at each meeting.

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Our moderator, who's Mr. Murray, will call on those joining via Teams in order.

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During your comments, you'll be asked to turn on your video,

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and please identify yourself for the record.

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Please know you only need to give your name when you identify yourself.

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Public comment is welcome and appreciate it, and there will be an opportunity for a public comment for each project.

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However, this section of public comment is for items that are not on today's agenda,

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but fall under the per view of the community-developed commission.

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In addition, while the commission listens to and carefully considers all public comments,

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we do not respond directly to members of the public.

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During hearings, the commission will have the opportunity to follow up with the staff during our meetings

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about items or concerns that members of the public raise during this and all other sections of public comment.

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Finally, as is our tradition to accommodate everyone,

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the commission does limit comments to three minutes per person for all public comments.

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So, with that, at this time, I will open public comments for items not on tonight's agenda.

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And if you're online, please raise your hand on teams and Mr. Murray will call on you.

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Right, taking a moment, please sure to use the raise hand function if you'd like to speak on items not on the agenda.

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I do not see any hands raised.

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And there's anyone present in chambers tonight, like to make a comment for an item not on tonight's agenda.

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saying no one to last call Mr. Merini by the online real quick.

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Just to make sure. No hands raised. All right.

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With that, I will close this section of public comment.

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We will go ahead and move on to agenda item 5.1, which is the approval of the December 8, 2025 Community Development Commission meeting.

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Those at that meeting in present here tonight are Vice Chair Hunter, Commissioner Epic, Commissioner Evans, Commissioner Frederickson, Commissioner Swartz, and Commissioner Statson Lee.

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And I am aware of at least one at the minutes that a commissioner would like to make, but I will open it up to you all for any comments or corrections that need to be made in the minutes.

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I have one.

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Go ahead, Commissioner Evans.

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It's page 5, paragraph 10,

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that should be Commissioner Hunter, make those comments, I don't want to take her thunder away on that one.

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Commissioner Evans, could you clarify a really quick which specific items for us?

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Sure,

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I'm getting there.

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Commissioner Hunter asked about the use of the dog bark.

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Okay. Okay. So it's, um, yeah.

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Mr. Marie, you got that?

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Okay.

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Mr. Swords, did you have a correction as well?

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Oh, okay. I'm sorry.

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All right.

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Does anyone have anything further?

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If not, I would look for a motion to approve the minutes with the correction as, um,

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presented by Commissioner Evans.

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So moved.

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Second.

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Okay. Mr. Marie.

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Commissioner Schwartz. Yes, Commissioner Setson Lee. Yes. Commissioner Frederickson. Yes. Vice chair Hunter. Yes. Commissioner Epic. On line commissioner Evans. Yes. And chair Scott as I was not present at the meeting at abstain.

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Right

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catching up. We're moving along here. Sorry everybody. All right. Yes. It is today.

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Thank you. All right.

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Item six is our consent agenda items placed on the consent agenda or a place there with the belief that no discussion beyond what is in the meeting packet is warranted.

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On tonight's consent agenda, however, we do not have any items, so we will go ahead and move along to our public hearings.

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Our first public hearing is item 7.1, which is Project PR25-82, the Night Horse Development

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Major Site Plan and Design Review.

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As is noted in the packet, staff and the applicant have requested a continuation of this

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review to our regular meeting of May 18, 2026.

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At this time I would ask the commissioners if they are supportive of this to go ahead and

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provide a motion for this continuation.

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So moved.

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So we have a

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second.

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Mr. Mayor,

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sure.

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All right.

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Well, we have a notion.

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Does anyone have any questions for the planners?

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I can just clarify then that this proposed project is a new review for a modified project that was before the Community Development Commission initially in 2023.

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It had a continuance to 2024, and this particular continuance before you tonight is at the

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request of the applicant due to the recent passing of the former Colorado representative

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and Senator Ben Knight-Horse came.

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And they are requesting a continuance to a May date.

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Any questions for staff?

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All right.

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As it's just a continuance, I don't believe we have to open public hearing.

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So if I made point of order, yeah, would not hurt to open public comment being this is on the agenda.

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So Mr. Murray would like us to go ahead.

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I will open public comment this time on 7.1.

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And again, it was noticed that this would be a request for continuous.

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But we would happily have anyone online or in person would like to provide comment on this to come on forward.

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I'd

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be sure to raise your hand if you'd like to make public comment online.

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I'm seeing no hands raised.

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Okay, anyone here want to provide comments on this project at this time?

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All right.

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Well, come back on May 18th.

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Mr. Murray, let's call the roll on that continuous motion.

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Thank you.

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Anything bad?

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No, I think I would just add that I do have some public comments that came in the mail.

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Those will be included in staff report when the project is continued to the May 18th,

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2026 meeting.

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And we also plan to repost to re-nodify everyone.

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Mission of shorts.

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Yes.

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Mission of sets and lean.

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Yes.

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Mission of Frederickson.

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Yes.

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Vice chair Hunter.

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Yes.

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Commissioner Evans online.

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Yes.

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And chair Scott.

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Yes.

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So with that, the continuance is unanimous.

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And we will hear about that project on May 18, 2026.

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Thank you.

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All right. At this time, I'll go ahead and open public hearing on item number 7.2, which is Project PR25-75. In addition, it's the conditional use permit 25-2.

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Parker's animal rescue variants and CUP. At this time, the Commission would invite director Lobco to

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Okay,

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good evening, as you recall, this application came before you on December the 8th,

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both for the variance and the conditional use permit, where both of those did receive a recommendation of approval.

234
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Didn't like that.

235
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The variance was for the required one acre lot size, and then the condition of use permit was subsequent to that.

236
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I do meet all the other criteria for that.

237
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This is coming back before you, not because anything is changed,

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but because we did not completely comply

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with the public notice requirements.

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When it came before you went December the 8th,

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so we did have to reduce and noticing requirements

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and bring it back before you.

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So nothing has changed at this point,

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but I do have the two motions up there.

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And I believe the applicant is here.

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If we have any additional questions,

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but I would ask that we give public an opportunity

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to comment just in case someone was not able

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to attend the last time and receive the notice at this time.

250
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Commissioner, do we have any questions for staff before we open into public comment?

251
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I know you all had a chance to review this last time and I have reviewed it well.

252
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Commissioner, I think it looks like you may.

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Please.

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Going with my previous discussion point,

255
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I'm now hearing from Vice Chair.

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Is there any need for the consideration of Colorado regulations in terms of this variance and what is occurring there? Or is it outside of that particular state per view?

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Based on a size, I believe it's out of the per view. However, it will be part of the building permit process that if they need to have one of those that will be required at that point.

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Okay. Thank you.

259
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Okay.

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Is the applicant here tonight by chance?

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Just, I don't know if you have anything you want to add.

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We would invite you up.

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00:27:45,620 --> 00:27:46,860
I know you already did a presentation,

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but if you have anything, you certainly will be welcome before we open public comment.

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I don't have anything else to add.

266
00:27:55,240 --> 00:27:57,680
But I know you weren't here if you had any specific questions.

267
00:27:58,020 --> 00:27:59,400
Thank you all again for your review.

268
00:28:00,160 --> 00:28:01,120
We'd waited one more week.

269
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It would have been truly ground hot day.

270
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Exactly.

271
00:28:04,540 --> 00:28:05,700
No, I appreciate you again.

272
00:28:05,700 --> 00:28:10,280
I have no questions, but I do have a technical thing just for my type-up minutes. Can you identify

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00:28:10,280 --> 00:28:15,400
yourself for the record? Sorry. Lisa Parker with Parker's own rescue executive director.

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Thanks. Just save someone from having to try to remember. Thank you very much.

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All right.

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So with that, I will go ahead and open public hearing as a reminder while the Commission

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00:28:28,330 --> 00:28:33,010
listens to and carefully considers all public comment on each project. We do not directly answer

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questions asked by the public. We do have the opportunity to address any concern raised by

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public or staff or with the staff or the applicant as appropriate. I'm sorry about that.

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So with that, I will go ahead and open our public hearing on this item, which is Project PR25-75

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and CUP25-2. And Mr. Murray, if you would let anyone online go ahead and be promoted if anyone raises

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their hand and that'd be one. Okay. Please use the raise hand function if you'd like to make

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public comment.

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If you do not see any hands raised. And would any members of the public present

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in chambers tonight like to provide comment on this item? All right. I don't see anyone. Commissioners,

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I will bring it back to you for any additional clarifying things or items that came up in the last 30

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00:29:27,520 --> 00:29:33,800
seconds or so. All right. Commissioner Evans, since you are not on camera, I just want to make sure

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not leaving you out is everything any questions or clarifications required for you.

289
00:29:44,030 --> 00:29:46,390
Commissioner Evans, I believe you're still muted unfortunately.

290
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That's the space bar to unmute.

291
00:30:02,380 --> 00:30:07,380
Was just working out some tech issues with commissioner Evans. I'm not sure if that.

292
00:30:08,380 --> 00:30:09,280
Is that her back?

293
00:30:20,600 --> 00:30:22,700
And now I'm sad that I missed a meeting with puppies.

294
00:30:23,400 --> 00:30:26,040
So thanks for that. I didn't know.

295
00:30:28,900 --> 00:30:35,020
Mr. Murray is commissioner Evans communicating with you. She will be able to get back on. Hopefully, here.

296
00:30:38,200 --> 00:30:41,340
I am. Okay.

297
00:30:41,340 --> 00:30:48,220
Any questions that you'd like to raise for staff at the applicant before we potentially move this forward commissioner Evans?

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No, I'm fine. Thank you.

299
00:30:53,130 --> 00:30:53,550
Okay.

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00:30:54,890 --> 00:30:58,590
With that, commissioners, I will bring it back to any of you for a motion.

301
00:31:02,010 --> 00:31:06,270
I move to approve the requested variance for Parker Animal Rescue at

302
00:31:08,350 --> 00:31:15,110
20778 Highway 160 West based on the binding stated in this staff report.

303
00:31:16,520 --> 00:31:18,580
Do we have a second on the variance?

304
00:31:18,780 --> 00:31:19,880
Oh, second.

305
00:31:21,830 --> 00:31:23,890
Mr. Any discussion amongst the commission?

306
00:31:25,290 --> 00:31:26,610
Mr. Murray, would you please call the roll?

307
00:31:26,890 --> 00:31:27,690
Yes. Commissioner Schwarz.

308
00:31:28,130 --> 00:31:28,470
Yes.

309
00:31:28,650 --> 00:31:29,130
Mr. Schwarz.

310
00:31:29,870 --> 00:31:30,170
Yes.

311
00:31:30,330 --> 00:31:30,510
Mr. Schwarz.

312
00:31:30,510 --> 00:31:30,890
Mr. Schwarz.

313
00:31:32,890 --> 00:31:33,370
Yes.

314
00:31:33,850 --> 00:31:36,010
Commissioner Evans.

315
00:31:37,790 --> 00:31:38,350
Yes.

316
00:31:39,230 --> 00:31:40,330
And chair Scott.

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00:31:40,770 --> 00:31:46,050
Yes. So with that, the first motion to approve the requested variance passes unanimously.

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00:31:47,290 --> 00:31:52,410
And because this is a two part approval, we have a second to go ahead and get this through,

319
00:31:52,930 --> 00:31:54,350
which is the conditional use permit.

320
00:31:54,770 --> 00:31:56,810
Would anyone like to make an emotion on that?

321
00:31:58,600 --> 00:32:05,760
Yes, I move to approve the to approve of the proposed conditional use permit for parker animal rescue at

322
00:32:05,760 --> 00:32:12,620
at 2077-8, having 160 West, based on the findings and conditions stated in this staff report.

323
00:32:14,280 --> 00:32:14,780
Do we have a second?

324
00:32:15,400 --> 00:32:16,040
All second.

325
00:32:17,400 --> 00:32:19,780
Commissioner, and any discussion you'd like to have?

326
00:32:22,920 --> 00:32:22,920
Okay.

327
00:32:24,120 --> 00:32:27,760
Commissioner Evans, I'll trust you to speak up if you do have anything you'd like to discuss.

328
00:32:27,920 --> 00:32:29,620
Mr. Murray, can we go and call the roll?

329
00:32:30,460 --> 00:32:34,400
Yes. Commissioner Schwartz. Yes. Commissioner Stetson Lee?

330
00:32:34,840 --> 00:32:36,360
Yes. Commissioner Frederickson? Yes.

331
00:32:36,360 --> 00:32:41,840
Vice Chair Hunter. Yes. Commissioner Epic. Yes. Commissioner Evans. Yes.

332
00:32:42,600 --> 00:32:47,740
And Chair Scott. Yes. So with that, that motion also passes unanimously.

333
00:32:49,040 --> 00:32:51,760
Sorry you had to come back. Thank you very much.

334
00:32:55,530 --> 00:32:59,490
All right. We will move on to item 7.3 on

335
00:32:59,490 --> 00:33:04,170
our agenda, which is the Light and Recreed Commons Plan Development Preliminary Development Plan.

336
00:33:04,170 --> 00:33:06,210
Woo, that is a lot right there.

337
00:33:06,530 --> 00:33:09,610
That is product 2585, and I believe Ms. Bernstein

338
00:33:09,610 --> 00:33:12,550
with community development has presentation for us tonight.

339
00:33:14,130 --> 00:33:15,290
Good evening, commissioners.

340
00:33:18,180 --> 00:33:21,200
Right this evening, you will be reviewing a proposed

341
00:33:21,200 --> 00:33:23,600
preliminary development plan for Lightener

342
00:33:23,600 --> 00:33:25,460
Com, Lightener Creek Commons.

343
00:33:29,370 --> 00:33:31,370
This was sent to the Innovative Housing

344
00:33:31,370 --> 00:33:35,370
and Economic Development goal in our strategic plan.

345
00:33:38,910 --> 00:33:41,330
And you all are tasked this evening with conducting

346
00:33:41,330 --> 00:33:45,990
public hearing and considering making a recommendation which will then go on to city council.

347
00:33:47,410 --> 00:33:53,410
This item is both the preliminary plans, the development plan within that, and then the zoning

348
00:33:53,410 --> 00:33:59,410
to PD plan development. Both of those items are included in the motion recommended motion for this evening.

349
00:34:02,600 --> 00:34:13,180
A little bit of background on this project. So this parcel of land was initially owned by twin

350
00:34:13,180 --> 00:34:22,720
compliance agreement in 2023, 2024, the Twin Beats Development agreed to transfer this

351
00:34:22,720 --> 00:34:27,980
parcel to the city as part of as one of the mechanisms for them to satisfy their affordable

352
00:34:27,980 --> 00:34:28,840
housing requirements.

353
00:34:31,580 --> 00:34:34,340
So with that in place in the city now owns the property.

354
00:34:34,860 --> 00:34:38,940
We sent out a request for proposals and ended up selecting and entering into a partnership

355
00:34:38,940 --> 00:34:40,960
with elevation community land trust.

356
00:34:40,960 --> 00:34:47,500
They are the applicant here this evening, although it is important to recognize that the city does on this parcel.

357
00:34:48,140 --> 00:34:55,920
Elevation has also partnered with a couple other folks, including tributary development, rental dash and SEH.

358
00:34:57,740 --> 00:34:59,100
In 2025,

359
00:35:02,380 --> 00:35:08,700
this PD conceptual development plan went through UAL and then onto city council for approval.

360
00:35:08,700 --> 00:35:12,180
So this preliminary development plan is the next step.

361
00:35:14,020 --> 00:35:18,060
A little bit of context here, this is an arrow pointing to the subject property

362
00:35:18,060 --> 00:35:21,780
out west on Highway 160 outside of town.

363
00:35:22,260 --> 00:35:24,440
In city limits, but outside town.

364
00:35:25,220 --> 00:35:27,800
And zoomed in to the property here.

365
00:35:28,300 --> 00:35:33,080
This image does show the buildings that were previously on this parcel,

366
00:35:33,220 --> 00:35:34,520
the animus high school buildings.

367
00:35:35,280 --> 00:35:38,620
Those no longer exist on this site, the parcel is vacant.

368
00:35:42,500 --> 00:35:44,760
And the preliminary development plan.

369
00:35:45,640 --> 00:35:51,260
So as part of this review, we looked at the technical compliance for preliminary development plan, a major site plan review.

370
00:35:56,020 --> 00:36:01,980
There was a couple pieces that were called out as far as requiring more information, including regarding snow storage,

371
00:36:02,040 --> 00:36:07,300
a lighting plan and compliance with the 2025 Colorado wildfire resiliency code.

372
00:36:07,900 --> 00:36:11,040
Those are included in a recommended motion for you all to include.

373
00:36:13,250 --> 00:36:20,690
The applicant did include some design concepts for their buildings on the site

374
00:36:23,180 --> 00:36:25,560
and digging into the review criteria.

375
00:36:26,500 --> 00:36:32,480
The pieces that are important at this step is consistency with the conceptual development plan approval.

376
00:36:35,560 --> 00:36:44,480
And ensuring that what they're proposing now meet city engineering standards as well as the major site plan elements that we're discussing the staff report.

377
00:36:47,430 --> 00:36:53,390
We have not received any public comments on this application and staff does recommend approval

378
00:36:53,390 --> 00:36:59,190
of the preliminary development plan and rezoning with a couple of conditions included.

379
00:37:03,580 --> 00:37:09,380
Those conditions include just for the applicant to a supplement some information as discussed

380
00:37:09,380 --> 00:37:15,380
from both planning and engineering and during a fire. It's anticipated that these changes are

381
00:37:15,380 --> 00:37:19,500
technical and nature and would not make any changes to the site plan itself.

382
00:37:22,510 --> 00:37:28,930
So, I do have a recommended motion up here, and we also have the applicant present, who I believe would like to make a presentation.

383
00:37:35,630 --> 00:37:38,690
Commissioners, do you have any questions for Mr. Francine?

384
00:37:41,280 --> 00:37:42,980
Go ahead and Commissioner Fredrickson.

385
00:37:44,480 --> 00:37:58,240
I apologize for not bringing this up earlier in the study session, but I just refresh my memory during your presentation that this is technically in the twin-butes annexation version of city of being in the city proper.

386
00:37:58,240 --> 00:38:06,540
And one thing that I brought up regarding that when that took place back once ago when we reviewed this was that all

387
00:38:06,540 --> 00:38:09,740
structures within 20 needs development are supposed to be sprinkler

388
00:38:10,780 --> 00:38:14,280
And if there's been any resolution to that question with

389
00:38:14,280 --> 00:38:15,520
Dering of fire.

390
00:38:15,800 --> 00:38:16,320
You have great memory.

391
00:38:16,740 --> 00:38:19,340
So we discussed this last year during conceptual development plan.

392
00:38:20,000 --> 00:38:25,740
I, my memory isn't serving me correctly as to when this parcel was annexed

393
00:38:25,740 --> 00:38:31,480
But to speak to whether or not it's included in the Twin Beats development, it is not.

394
00:38:32,380 --> 00:38:40,880
There was confusion last year about how it was owned and if it was included in the Twin Beats development and it was not.

395
00:38:41,100 --> 00:38:43,320
So it's not subject to that sprinkler requirement.

396
00:38:45,200 --> 00:38:46,320
Thank you.

397
00:38:46,640 --> 00:38:47,520
Vice-chair Hunter, please.

398
00:38:48,040 --> 00:38:48,980
Thank you, Mr. Chair.

399
00:38:49,360 --> 00:38:55,020
I have some questions for staff, but I will hold them until after the applicants presentation.

400
00:38:55,020 --> 00:38:56,780
Thank you.

401
00:38:58,660 --> 00:38:59,380
Commissioner Fathom Lane?

402
00:38:59,700 --> 00:39:01,760
Just a quick clarification.

403
00:39:02,500 --> 00:39:06,840
As you said that if we approve this, then it goes to City Council.

404
00:39:07,560 --> 00:39:12,780
So any recommendations or amendments we add will be considered by them.

405
00:39:13,160 --> 00:39:14,700
That's the way it goes. Okay, great.

406
00:39:16,200 --> 00:39:18,180
And Commissioner Fathom, please go ahead.

407
00:39:18,460 --> 00:39:22,600
Just requesting clarification on a question that I had for the study session regarding

408
00:39:22,600 --> 00:39:30,300
extra your staircases on that top right unit and other units that are proposed within a stocking

409
00:39:30,300 --> 00:39:30,780
set?

410
00:39:31,300 --> 00:39:35,880
Yep, I believe this section you're referring to was a disallowing exterior staircases for

411
00:39:35,880 --> 00:39:40,200
duplex units that has been flagged for the applicant and I believe that they're prepared to address

412
00:39:40,200 --> 00:39:40,400
that.

413
00:39:44,650 --> 00:39:46,090
Anything further, commissioner?

414
00:39:46,350 --> 00:39:50,090
Commissioner Evans, please go ahead and speak up if you have a question now.

415
00:39:50,090 --> 00:39:50,970
for staff.

416
00:39:56,260 --> 00:40:00,780
Okay. Um, then I would invite the applicant and or their agent up.

417
00:40:11,170 --> 00:40:17,310
I'm joining. Welcome. Please identify yourself for the record. Yes. My name is Blika Seaman,

418
00:40:17,650 --> 00:40:23,250
which should be Terry development. And I'm Scott Simmons. Should be Terry. And we have,

419
00:40:23,430 --> 00:40:30,930
Steffka Fancy is on by phone CEO of ECLT. Great. Thank you and welcome. Thank you all.

420
00:40:34,850 --> 00:40:41,150
So we're trying to, we want to be sensitive to time, so we'll be quick with going through just an overview of the project.

421
00:40:41,710 --> 00:40:56,230
As you all know, this project sits on 3.29 acres of land that town is or city is donating as part of being able to deliver these units on affordable basis 29 units.

422
00:40:56,230 --> 00:41:00,690
We've got them split between three different bedroom configurations.

423
00:41:02,250 --> 00:41:07,690
So eight one bedroom, thirteen two bedroom, a three bedroom on the site.

424
00:41:07,770 --> 00:41:14,590
We do have amenities serving the owners that will come into the property.

425
00:41:14,990 --> 00:41:20,390
And so want to make sure we have storage as part of the units we're delivering.

426
00:41:20,390 --> 00:41:37,090
We've got some, we think very nice common area to engage the community, twinbeutsis partnering with us and we're working with twinbeutsis on build out of the light or creek trail so that'll be a direct connection into this parcel.

427
00:41:38,250 --> 00:41:44,930
And then we do as part of the development we'll have EV charging stations and then certainly bike storage.

428
00:41:46,270 --> 00:42:09,030
And here's a zoom in at the overall site plan, it's pretty dense development, but I think one thing we've been able to achieve is, you know, a majority of the units open out to open space. So they have a shared common area that we really think will be essential amenity. So I think 20 out of the 17 out of the 29 have open space right outside their front door.

429
00:42:09,670 --> 00:42:13,050
And then there's some small areas in the back that will be more private.

430
00:42:13,870 --> 00:42:19,250
All the units have front portures and these front portures are deep enough that they're not just nice to look at.

431
00:42:19,290 --> 00:42:25,190
They're actually functional. So we think this will be a very livable community, even though it is relatively dense.

432
00:42:27,410 --> 00:42:31,110
And we've been sensitive trying to hide the parking in the back of the units.

433
00:42:32,590 --> 00:42:36,190
And providing adequate parking because this is kind of one way in one way out.

434
00:42:36,190 --> 00:42:44,250
So there will be enough parking that there will be several visitor parking spaces, and I think that's really important for this neighborhood to be a livable community.

435
00:42:45,650 --> 00:42:47,510
That's kind of the overview of the site plan.

436
00:42:48,310 --> 00:42:53,730
We haven't, we've refined the concept a little bit since you probably last seen it, but I think the bones of it have stayed very similar.

437
00:42:54,790 --> 00:42:57,830
Just wanted to go over this item. Next slide.

438
00:42:57,830 --> 00:43:07,730
Um, so a little more detail. I won't be described. I think, you know, we do want to provide a range of offerings, so we do have two different two bedroom designs.

439
00:43:08,950 --> 00:43:15,050
Um, one more affordable, a little less square footage on a single story.

440
00:43:15,990 --> 00:43:21,330
Whereas, our other two-bedroom is a two-story building,

441
00:43:23,370 --> 00:43:26,230
we thought, originally, I think

442
00:43:26,230 --> 00:43:30,010
the plan we presented previously, we had a little fewer one-bedrooms.

443
00:43:30,430 --> 00:43:37,750
We've seen in a number of our projects targeting workforce and affordable housing because of

444
00:43:37,750 --> 00:43:44,950
that lower price point that one-bedroom size unit can be very attractive just because, again,

445
00:43:44,950 --> 00:43:52,910
in the nominal lower price point, we are in partnership with ECLT, these will all be

446
00:43:52,910 --> 00:44:02,290
de-restricted and so the units will sell for 100% AMI or less. We are working with the

447
00:44:02,290 --> 00:44:08,500
Durango School District on a potential bulk sale to them that they would then rent to

448
00:44:10,100 --> 00:44:27,200
they're workforce and so there's an RFI out right now, but we've been in prior conversations with them and so excited to explore ways that they could be a part of this development alongside the ECLT references.

449
00:44:29,850 --> 00:44:34,170
And these are just the floor plans of the various units that Blaker was just describing

450
00:44:34,170 --> 00:44:40,890
of the different two-bedroom options and then a prototype of the five-plex that what

451
00:44:40,890 --> 00:44:46,710
that would look like, two, three-bedroom units and then three, two-bedroom units and then

452
00:44:46,710 --> 00:44:51,870
we do have these one-bedroom stacked units and, you know, we've worked with Reynolds

453
00:44:51,870 --> 00:44:58,250
to already modify this plan to have that enclosed stair so that you would have.

454
00:45:00,000 --> 00:45:08,140
You wouldn't have an exterior stair that's shown here. We have a plan that's already been modified to include that with a roof over it. Yes.

455
00:45:10,240 --> 00:45:12,380
Oh, yeah. There's a way to do that.

456
00:45:22,000 --> 00:45:34,220
So this changes the stair orientation. I think it is a couple things that are beneficial to the unit. The stair is no longer right in front of the window on the down the ground floor unit. No one wants the stair right outside your window.

457
00:45:34,220 --> 00:45:39,180
So this, you know, makes that patio space for the ground floor resident much more usable.

458
00:45:39,720 --> 00:45:44,300
And then it has an, you know, an enclosed stair that leads up to that second store unit.

459
00:45:44,520 --> 00:45:48,300
So we try to incorporate that comment and they provided this exhibit.

460
00:45:56,260 --> 00:45:59,660
And these are just some concept rendering showing some of those open spaces.

461
00:46:00,020 --> 00:46:01,420
How the space could feel.

462
00:46:03,000 --> 00:46:06,120
And like the top left image, that's that central open space.

463
00:46:06,180 --> 00:46:09,340
And we put probably mailbox clusters close to that.

464
00:46:09,340 --> 00:46:14,720
you'd have some visitor parking parallel on the street, and then there's other various, you know,

465
00:46:14,820 --> 00:46:18,600
renderings just to give you a sense of the space and how that could be laid out.

466
00:46:21,380 --> 00:46:27,020
I think we laid out the schedule here. We are, you know, this project we've been working on for

467
00:46:27,020 --> 00:46:33,500
some time. And so we're really excited to get started. So our goal subject to

468
00:46:33,500 --> 00:46:40,360
receiving approval, move forward at the city council meeting and then continue to move forward

469
00:46:40,360 --> 00:46:47,220
on the approvals whereby being placed to put a shovel in the ground in July August timeframe

470
00:46:47,220 --> 00:46:55,440
as a start. When we originally presented this project to you all, now about a year ago,

471
00:46:56,020 --> 00:47:02,340
we were contemplating modular construction. We've been stead now working with modular manufacturers

472
00:47:02,340 --> 00:47:07,780
and then local GC determine we can deliver it at a lower price point, honestly,

473
00:47:08,020 --> 00:47:13,680
stick building, so doing site-built homes, so I've been working with a GABA Durango

474
00:47:14,440 --> 00:47:24,580
as a potential GC for the project. So our site construction will extend into 2027,

475
00:47:24,960 --> 00:47:31,580
where we'll deliver units. The first units will be delivered. We're targeting Q3, 2027,

476
00:47:31,580 --> 00:47:40,620
And then continue to deliver units and final units delivered in 2nd, 3rd, 4th, or 28th.

477
00:47:44,770 --> 00:47:51,490
So we're, I think, well, we'll restate what Lee Ann stated as it relates to seeking approval,

478
00:47:51,850 --> 00:47:53,170
but certainly open to questions.

479
00:47:53,650 --> 00:47:55,070
You all may have.

480
00:47:55,690 --> 00:47:58,210
Yeah, commissioners, all, commissioner Swartz.

481
00:47:58,750 --> 00:48:00,590
You, when you, by the year hand first.

482
00:48:01,010 --> 00:48:08,690
Um, and you have a quick question. So on your last side, you said that the units are going to be delivered, but you also said that there's stick belt. How does that work?

483
00:48:09,270 --> 00:48:13,550
Oh, deliver. It doesn't come to market. I'd like for sure. Okay. Okay. Thank you. That helps.

484
00:48:17,030 --> 00:48:18,670
Mr. Seth and later ahead.

485
00:48:19,130 --> 00:48:31,030
Yeah. A few questions. I appreciate the inclusion of some EV charging parking options. One of the things that I'm curious about is there's a lot of black.

486
00:48:31,030 --> 00:48:41,310
Yeah. And just kind of thinking about things on the overall project in terms of climate, climate change, heating and cooling costs.

487
00:48:42,370 --> 00:48:51,450
Black on the north side of the highway there is going to be hot and it looks like the roof is hot. There's a fair amount of black maybe stucco on the sides.

488
00:48:52,130 --> 00:49:00,270
Have you considered increased cooling costs as a potential of that.

489
00:49:00,270 --> 00:49:07,330
I would say that we're talking about black as a color and most likely will change the color.

490
00:49:07,570 --> 00:49:07,710
Okay.

491
00:49:07,710 --> 00:49:12,370
That's a pretty high contrast intense color pick.

492
00:49:12,790 --> 00:49:18,030
And so we have not finalized the final roof color or building elevation colors.

493
00:49:18,550 --> 00:49:20,070
Definitely would take that in consideration.

494
00:49:20,970 --> 00:49:23,870
Especially given the solar heat gain of that.

495
00:49:24,870 --> 00:49:25,450
Okay.

496
00:49:26,710 --> 00:49:28,890
And then along those lines.

497
00:49:29,710 --> 00:49:46,470
I wasn't able to dig into all the plans, but given that this is a partnership with the community and the public, it seems like it'd be a good opportunity to go as low-carbon, zero-carbon, living as possible, and do all electric utilities.

498
00:49:46,470 --> 00:49:50,070
seen as the grid is going to be electric sometime.

499
00:49:51,010 --> 00:49:52,890
It's going to be zero carbon in the future.

500
00:49:53,250 --> 00:49:53,410
Okay.

501
00:49:53,810 --> 00:49:53,850
Excellent.

502
00:49:53,850 --> 00:49:54,530
Hi efficiency.

503
00:49:55,730 --> 00:49:58,390
And in the units, it'll be all electric build.

504
00:49:58,850 --> 00:49:59,090
Okay.

505
00:50:01,900 --> 00:50:02,680
Commissioner Fragrance.

506
00:50:03,920 --> 00:50:04,520
Nothing for you.

507
00:50:04,680 --> 00:50:05,280
Vice-chair Hunter.

508
00:50:07,100 --> 00:50:07,280
Okay.

509
00:50:07,440 --> 00:50:08,300
Thank you, Mr. Chair.

510
00:50:08,620 --> 00:50:11,460
I have a list of questions so I'll try and go through them quickly.

511
00:50:12,160 --> 00:50:18,100
As I read the staff report, they were recommending if we can bring up a slide that shows

512
00:50:18,100 --> 00:50:26,100
the site plan with the retention funds. In the city engineer I believe was recommending that the

513
00:50:26,100 --> 00:50:33,420
retention funds could be developed as an amenity. Have you considered that? I realize one of them

514
00:50:33,420 --> 00:50:40,420
is quite near the highway, but it's also got the twin-beats trail system between it and the highway.

515
00:50:41,560 --> 00:50:52,580
I definitely, yes, I would say the stormwater pond on the bottom right corner, that's an existing stormwater pond that we're trying to reuse.

516
00:50:53,180 --> 00:50:56,760
Since it's already there in that infrastructure is in place, it makes sense for that to stay.

517
00:50:57,880 --> 00:51:04,100
And then the way the site is drained and graded, the next best location is where we're showing it just to the north.

518
00:51:05,080 --> 00:51:07,920
We could look at potentially a depressed area.

519
00:51:08,080 --> 00:51:10,640
We want to make those open spaces as usable as possible.

520
00:51:11,380 --> 00:51:13,860
So that you can go out there and use them.

521
00:51:14,320 --> 00:51:18,520
So we would want to be sensitive of that if we did, in fact, depressed those areas.

522
00:51:19,300 --> 00:51:23,100
But is something that we would consider if we need additional storage area?

523
00:51:23,120 --> 00:51:23,820
Okay, great.

524
00:51:24,540 --> 00:51:24,740
Great.

525
00:51:24,920 --> 00:51:25,380
Thank you.

526
00:51:25,840 --> 00:51:27,680
And my next question is similar.

527
00:51:27,680 --> 00:51:35,360
The, also in the staff report, it said, you were moving the trees away from your new units

528
00:51:35,360 --> 00:51:42,340
because of wildfire danger and I certainly accept that. However, the one of the purposes of

529
00:51:42,340 --> 00:51:49,700
trees in the code is to shade pavement because, as was mentioned previously, that hot sun shining

530
00:51:49,700 --> 00:51:56,160
on the black asphalt can really contribute to a heat island. So, have you considered when we

531
00:51:56,160 --> 00:52:03,100
your site plan here and we look at your internal drive. Have you considered planting trees along

532
00:52:03,100 --> 00:52:12,640
between that internal drive and that twin-boots trail to shade the asphalt? That is it. It's going

533
00:52:12,640 --> 00:52:22,700
to be a tight area, honestly, to comply with the trail with the creek. So as much as possible,

534
00:52:22,700 --> 00:52:28,860
will certainly want to get that landscape, but I will acknowledge there's limited space there.

535
00:52:28,980 --> 00:52:36,020
A good solution that is used on our downtown sidewalks is a walkable tree grate.

536
00:52:36,740 --> 00:52:42,320
So the tree trunk itself could be, you know, in the middle of the, not maybe in the middle,

537
00:52:42,720 --> 00:52:46,160
but at the side of a trail and still be able to be used.

538
00:52:46,160 --> 00:52:53,360
Yeah, because I think in the summertime, it's hard to remember this in our cold winter, but in the summertime, you really appreciate that shade.

539
00:52:54,780 --> 00:53:02,700
So, and let's see, um, the, um, oh, and this is the last short question.

540
00:53:03,620 --> 00:53:11,100
So, also on this site plan, um, I noticed some homes could be a long distance to carry their groceries.

541
00:53:11,100 --> 00:53:19,900
have you considered assigning parking spaces to units and maybe putting the visitor spaces in a place

542
00:53:19,900 --> 00:53:25,680
that's left over so that people could if they get home with five bags of groceries and they don't

543
00:53:25,680 --> 00:53:28,040
have to carry them a long way.

544
00:53:30,310 --> 00:53:34,930
I mean I think we could definitely consider that hopefully there's

545
00:53:34,930 --> 00:53:40,970
there is parking adjacent to most units pretty close and I think naturally if somebody doesn't take

546
00:53:40,970 --> 00:53:48,170
their spot. I mean, I'm looking at the unit on the very left side, the west end. And if I came home with five

547
00:53:48,170 --> 00:53:53,990
bags of groceries and noticed that all five of those parking spaces were already taken, I'd be

548
00:53:53,990 --> 00:53:59,530
muttering some things under my breath. Yeah, I agree. Yeah, those are definitely ones that would be the

549
00:53:59,530 --> 00:54:06,470
most difficult to access given the just the parallel parking right there. But we could consider that.

550
00:54:06,470 --> 00:54:14,030
something to consider, and I think, again, that could also be something we see how parking

551
00:54:14,510 --> 00:54:19,210
and how tight it is, and then ultimately the HOA and the owners making that decision.

552
00:54:19,490 --> 00:54:22,930
Certainly, they have the opportunity to do that, so I think it's something we definitely

553
00:54:22,930 --> 00:54:24,030
will take under a Boseman.

554
00:54:24,550 --> 00:54:27,550
Yeah, you could do it preemptively and prevent problems.

555
00:54:27,850 --> 00:54:30,630
You don't want one neighbor being tired and yelling at another.

556
00:54:30,650 --> 00:54:31,570
You're a part of that, right?

557
00:54:31,570 --> 00:54:31,770
Yeah.

558
00:54:31,770 --> 00:54:39,590
So, and then the last question is the most complex, but I'll start it out by asking,

559
00:54:40,230 --> 00:54:49,710
do you, in the LUDC section 3438 architectural detailing, they say under item B that

560
00:54:49,710 --> 00:54:55,810
multi-family buildings require what they call 360 degree architectural treatment,

561
00:54:58,430 --> 00:55:01,090
which means

562
00:55:01,090 --> 00:55:08,670
side elevations. We can pick them up on the renderings a bit. And the reason I'm asking

563
00:55:08,670 --> 00:55:13,870
is because some of those side elevations actually face the highway and this part of highway

564
00:55:13,870 --> 00:55:21,890
when 60 West is a visual gateway into Durango. And I want to make sure that there's no

565
00:55:22,690 --> 00:55:28,470
it says here under sea blank walls. No multi-family building elevations, you'll have an area

566
00:55:28,470 --> 00:55:34,130
uninterrupted blank wall with a dimension larger than 15 feet vertically and 12 feet horizontally.

567
00:55:35,430 --> 00:55:41,150
And I just I couldn't scale it from the renderings, but if it bears double checking.

568
00:55:41,930 --> 00:55:47,990
Yeah. Okay. Yes. And then the last question is, the biggest difference I noticed

569
00:55:47,990 --> 00:55:56,830
between the conceptual plan, which I absolutely loved, and this middle is the conceptual plan.

570
00:55:56,830 --> 00:56:04,970
You may recall submitting this rendering and it shows many different colors on the homes.

571
00:56:05,770 --> 00:56:13,590
And after driving through Denver and seeing these developments where I call it a sobriety

572
00:56:13,590 --> 00:56:15,630
test to find if you were to do it.

573
00:56:17,180 --> 00:56:23,570
I thought it was really excellent to change colors between homes.

574
00:56:23,570 --> 00:56:29,130
So even for visitors, you could tell them, oh, I'm in the blue house, you know, easier to find.

575
00:56:29,710 --> 00:56:36,830
And the other thing about it, again, being in the visual corridor is, you know, this is what we see.

576
00:56:37,450 --> 00:56:51,250
And I know color can be a matter of personal preference, but I'm just throwing that out as an idea to consider is that this, these are certainly more, how can I say,

577
00:56:51,250 --> 00:56:57,030
traditional home colors. Yeah. Where is the white and gray and black motif is more modern.

578
00:56:57,930 --> 00:57:02,890
Yeah, I think we'll look to refine the color palette to include a little bit more diversity.

579
00:57:03,990 --> 00:57:08,990
But still cohesion, I think I think we can achieve that. Yeah, this I felt head,

580
00:57:09,130 --> 00:57:15,010
could actually hear architectural detailing, you see the porch railings are alike and the

581
00:57:15,010 --> 00:57:21,070
the pitch roofs are alike. So I think there could be cohesion obtained through the design

582
00:57:21,070 --> 00:57:26,070
of the elements. Yeah. Okay. Um, that's all from me. Thank you.

583
00:57:27,270 --> 00:57:33,290
Mr. Abbott. I have a couple of questions. One is going back to the charging stations.

584
00:57:33,670 --> 00:57:42,530
How many are planned for this development for? As I saw it. Yes. And that's just on the south east section.

585
00:57:42,710 --> 00:57:46,830
There's none on the other side. There's two locations. Yeah. There's two locations.

586
00:57:46,950 --> 00:57:50,930
Two spaces and two locations. Okay. Thank you. That clarifies there.

587
00:57:51,070 --> 00:57:59,330
That probably also answers my next question, which had to do with any chance of solar power in those charging stations.

588
00:58:00,290 --> 00:58:10,100
I mean, the units will be built solar ready, but we won't be installing solar panels per say, but they will be ready for solar if a resident decides to or homeowner wants to put this on.

589
00:58:11,510 --> 00:58:13,010
I met the charging stations.

590
00:58:13,010 --> 00:58:20,430
Oh, we have not contemplated that about solar for the EV Chargers, that's something we've

591
00:58:20,430 --> 00:58:21,450
looked into yet.

592
00:58:22,390 --> 00:58:27,510
Just consideration perhaps and I appreciate the response concerning residential choice on

593
00:58:27,510 --> 00:58:27,710
solar.

594
00:58:27,970 --> 00:58:28,790
So thank you for that.

595
00:58:29,790 --> 00:58:38,010
The other has to do with, is there a planned space for loading and unloading transit from

596
00:58:39,150 --> 00:58:40,730
Gringo, transit service.

597
00:58:41,830 --> 00:58:44,430
The good question, not one, I don't have it.

598
00:58:44,690 --> 00:58:48,050
I mean, not sure where the closest stop would be.

599
00:58:48,170 --> 00:58:49,570
I would think to think it's at the trail.

600
00:58:49,650 --> 00:58:52,270
I think where the trail had is, where the trail connects to,

601
00:58:52,450 --> 00:58:53,910
would be the closest transit stop.

602
00:58:54,110 --> 00:58:55,750
And that currently is a stop.

603
00:58:57,890 --> 00:58:58,290
Leave.

604
00:58:58,650 --> 00:58:59,790
That's more low-ish.

605
00:59:00,010 --> 00:59:00,350
I know.

606
00:59:01,150 --> 00:59:02,950
I think that is, I think it is.

607
00:59:03,010 --> 00:59:05,110
And with the light and a creek trail,

608
00:59:05,270 --> 00:59:06,350
there will be a direct connect.

609
00:59:06,730 --> 00:59:09,810
more direct than going up the hill to the road and down.

610
00:59:10,130 --> 00:59:12,830
That's a consideration obviously. Okay.

611
00:59:13,250 --> 00:59:14,370
Thank you.

612
00:59:14,430 --> 00:59:15,730
Thank you.

613
00:59:16,670 --> 00:59:19,570
Commissioner Evans, do you have any questions for the applicant?

614
00:59:21,920 --> 00:59:24,140
No, I don't. This time. Thank you so much.

615
00:59:26,280 --> 00:59:30,840
I just have one question which is news from your presentation tonight.

616
00:59:31,680 --> 00:59:36,580
So, sounds like you're in discussions potentially with during a school district to potentially,

617
00:59:36,580 --> 00:59:43,160
essentially acquire these on behalf of their employees and this might be a

618
00:59:43,160 --> 00:59:47,780
question for staff that I just might need to clarify, but I guess does that

619
00:59:47,780 --> 00:59:51,600
change anything from your perspective in terms of the overall conditions

620
00:59:51,600 --> 00:59:57,920
being met with the city's donation of the parcel and those kinds of things?

621
01:00:00,000 --> 01:00:07,460
We've been working with Brian on the housing agreement and it's a comment plate that.

622
01:00:07,860 --> 01:00:11,600
I'll invite you up when it's time for staff. It's okay. We'll finish with the applicant first.

623
01:00:12,400 --> 01:00:13,560
Okay. Thanks.

624
01:00:15,400 --> 01:00:18,720
All right. So we'll all check in with staff on that fair enough.

625
01:00:20,320 --> 01:00:25,340
Commissioners, anything further for the applicant at this time before we let them relax for a moment?

626
01:00:30,220 --> 01:00:33,120
You can ask first. That works for me. Thank you very much.

627
01:00:33,120 --> 01:00:34,660
All right. Thank you all.

628
01:00:36,900 --> 01:00:37,860
All right.

629
01:00:39,500 --> 01:00:41,460
So, um, just to remind of you,

630
01:00:41,580 --> 01:00:44,400
don't mind if you were going to clarify in that housing item.

631
01:00:44,520 --> 01:00:46,920
I would love to go ahead and get that.

632
01:00:47,040 --> 01:00:48,120
Do you mind reading the question?

633
01:00:49,160 --> 01:00:49,500
What's that?

634
01:00:49,520 --> 01:00:50,640
Do you mind repeating the question?

635
01:00:50,900 --> 01:00:52,640
Because I was sure it.

636
01:00:52,660 --> 01:00:57,980
I guess in hearing about the fact that there in discussions with the school

637
01:00:57,980 --> 01:01:01,040
district about potentially this whole project going to the school district.

638
01:01:01,040 --> 01:01:06,460
how does that impact the city's support of the project in any way, shape or form, or any of the

639
01:01:06,460 --> 01:01:10,320
approval conditions that we've played out previously? And the answer may be none. I just would

640
01:01:10,320 --> 01:01:14,340
love to be educated. Sure. Yeah. For the record, I'm Brian Devine, Housing Policy and Planning

641
01:01:14,340 --> 01:01:20,320
Administrator for the City of Gringo. We are in, I would say, very final stage negotiations for

642
01:01:20,320 --> 01:01:25,200
a housing agreement. That was one of the conditions of approval of the conceptual development plan

643
01:01:25,200 --> 01:01:32,900
here was at the city enter into a housing agreement specifying essentially the final, not prices

644
01:01:32,900 --> 01:01:40,640
per se but target incomes and sort of final status of each of the proposed units.

645
01:01:42,300 --> 01:01:48,300
So some of that is dependent on approval of this development plan because it refers to the

646
01:01:48,300 --> 01:01:52,140
number of units and the different types of units in bedroom counts and things like that.

647
01:01:52,140 --> 01:01:57,600
So that agreement has not been fully executed, it does contemplate that some of the project

648
01:01:57,600 --> 01:02:03,480
may be sold to the school district for use as employee housing. I think it's unlikely that

649
01:02:03,480 --> 01:02:07,700
it would be the entirety of the project and the agreement does not contemplate that.

650
01:02:08,540 --> 01:02:15,020
Regardless, it will essentially be subject to finalization as part of the land conveyance

651
01:02:15,020 --> 01:02:19,040
for the project because we do need to have actually, we will have a separate action to convey

652
01:02:19,040 --> 01:02:24,800
the property council will need to approve that by ordinance. So we're in final stages of those

653
01:02:24,800 --> 01:02:29,960
negotiations, I think we're very close to finalizing the terms of that housing agreement.

654
01:02:31,700 --> 01:02:36,340
And, you know, if the school district does take action to purchase some of these units,

655
01:02:36,540 --> 01:02:42,220
the agreement does allow for that. And essentially, they will, they would be giving us a plan for

656
01:02:42,220 --> 01:02:47,240
how they intend to rent those. And again, those target incomes, like from their own workforce,

657
01:02:47,240 --> 01:02:52,420
would be occupying those, and our belief is it would continue to serve the purpose of the

658
01:02:52,420 --> 01:02:55,860
city's land donation, it would continue to serve the purpose of the twin-beautes,

659
01:02:56,040 --> 01:03:01,160
housing compliance agreement, and of our requests for proposals for the site and the proposal that

660
01:03:01,160 --> 01:03:05,040
elevation community land trust is submitted. We believe it's all consistent. Okay.

661
01:03:06,380 --> 01:03:10,520
If you all understand, I have a follow question, and then I'm happy to turn over others. So

662
01:03:11,060 --> 01:03:14,680
I think you answered this, and you're warning choice, but I want to make sure I understand it.

663
01:03:15,320 --> 01:03:21,940
So, during a school district, would rent those units, they would not be for sort of allocated

664
01:03:21,940 --> 01:03:26,600
sales specifically for professionals working for during the school district, they'd be owned

665
01:03:26,600 --> 01:03:28,740
by the school district and rented.

666
01:03:29,240 --> 01:03:33,000
That's my understanding, but those specifics of that sale would be best directed to the

667
01:03:33,000 --> 01:03:33,340
applicant.

668
01:03:37,590 --> 01:03:45,190
But yeah, so they would be subject to follow the same general covenants in terms of the affordability

669
01:03:45,190 --> 01:03:46,010
and things like that.

670
01:03:46,010 --> 01:03:56,890
We would have some details to work out because the, you know, the original plan here was for all of those to be owner occupied all 29 units to be owner occupied and that would technically not be the case if some of them were

671
01:03:56,890 --> 01:04:07,350
It wouldn't be the case not technically. Yeah, that's right. Just to be clear. I think we get a little too loose with how we choose to define some things so it is not the same definition.

672
01:04:08,390 --> 01:04:12,850
Um, employee occupied housing is not the same as owner occupied housing. That's certainly true. Great. Yeah.

673
01:04:12,850 --> 01:04:19,350
Think we should clear up at that for the record. Okay. That answers my questions, but I think commissioner Schwartz, he had a.

674
01:04:19,890 --> 01:04:27,750
Um, it's kind of in line with that, but also slightly different. Do these units count towards the city's fair share agreement?

675
01:04:27,750 --> 01:04:33,250
Uh, technically there will need to be a fair share agreement for this proposal.

676
01:04:33,990 --> 01:04:38,590
The manual allows for public private partnerships to have a simplified compliance process.

677
01:04:38,650 --> 01:04:41,250
That falls under that simplified process.

678
01:04:41,850 --> 01:04:47,530
So there will be a fair share agreement, but it will essentially encapsulate things that are already approved in that housing agreement.

679
01:04:48,330 --> 01:04:54,010
Okay, and to these units count towards the Prop 123 baseline commitment?

680
01:04:54,490 --> 01:04:55,770
We've been most of them will.

681
01:04:55,770 --> 01:05:02,870
currently those are dependent on the final income mix, but we believe most of them if not

682
01:05:02,870 --> 01:05:05,350
all of them will count towards pro quo and two, three filing commitments.

683
01:05:06,130 --> 01:05:13,790
And maybe this is more of a logistic question, but if this school district were to buy a certain number

684
01:05:13,790 --> 01:05:25,750
of these units, how do they buy them at 100% AMI or how does that work as far as do they

685
01:05:25,750 --> 01:05:31,410
have a process to approve employer owned housing units, basically they want to see the actual

686
01:05:32,070 --> 01:05:39,430
rents, the actual leases. So it would be the if those rents were affordable according to

687
01:05:39,430 --> 01:05:46,070
Prop 1, 2, 3 standards, then we could also count those units as far as the price of the units

688
01:05:46,930 --> 01:05:52,890
that the school district pays into this project. That would be a question for the applicant and not

689
01:05:52,890 --> 01:05:55,070
staff. Okay, thank you.

690
01:05:56,690 --> 01:06:02,270
This is a complicated partnership. I want to acknowledge that. There's, you know, the city,

691
01:06:02,270 --> 01:06:09,030
uh, twin-duits of Durango, elevation community land trust, and tributary development, are all part of negotiating these final agreements.

692
01:06:10,110 --> 01:06:17,110
So, um, there's, you know, there's certain questions that are best answered by the applicant. I can say from staff's perspective.

693
01:06:17,950 --> 01:06:25,270
There's two important things. One, the housing agreement will comply with the conditions of approval for the conceptual development plan.

694
01:06:25,750 --> 01:06:31,450
And of course preliminary development plan, one of the conditions, one of the criteria is that it would be consistent with the conceptual.

695
01:06:32,030 --> 01:06:33,790
So we're very close to finalizing that.

696
01:06:34,650 --> 01:06:41,930
And then the second piece is, you know, as far as consistency with the city's original request for proposals,

697
01:06:41,930 --> 01:06:44,710
or the city's original agreement of twinbutes.

698
01:06:45,270 --> 01:06:46,590
I'm happy to answer questions on those.

699
01:06:46,830 --> 01:06:50,430
That is not a criterion of approval for this preliminary development plan.

700
01:06:50,890 --> 01:06:52,310
Although I'm happy to answer your questions on it,

701
01:06:52,430 --> 01:06:54,750
we want you to be well informed about what the plan is here.

702
01:06:59,420 --> 01:07:00,000
Go ahead, Commissioner.

703
01:07:00,560 --> 01:07:01,660
Vice-chair Interim, I'm sorry.

704
01:07:01,860 --> 01:07:02,480
No worries.

705
01:07:02,700 --> 01:07:03,100
No worries.

706
01:07:04,060 --> 01:07:12,200
Mr. Divine, can you see any downside to asking the applicant

707
01:07:12,200 --> 01:07:14,960
that since there's so much city involvement,

708
01:07:14,960 --> 01:07:23,440
the city's a co-owner with of this project. Can you see any downside in asking for all 29 units

709
01:07:23,440 --> 01:07:29,760
to comply with Proposition 1, 2, 3? It's our goal to have as many comply as possible with Prop

710
01:07:29,760 --> 01:07:34,440
1, 2, 3 is definitely our strategy, but as the partner in the project, we also need to make the

711
01:07:34,440 --> 01:07:40,740
project work financially and 29 units where almost all of them or most of them, complied with Prop 1,

712
01:07:40,740 --> 01:07:44,680
three is better than no units built on site at all from our perspective.

713
01:07:45,000 --> 01:07:45,500
Quite true.

714
01:07:45,700 --> 01:07:54,520
And that's always our razor, our knife edge to walk is how to get our community, especially

715
01:07:54,520 --> 01:07:57,780
our school teachers, desperately need affordable housing.

716
01:07:59,060 --> 01:08:03,720
In fact, the school district is often short of teachers because certain key teachers,

717
01:08:04,200 --> 01:08:08,940
like gym teacher, math teacher, because they hire people from out of town and they discover

718
01:08:08,940 --> 01:08:14,980
they can't live here. So we're always trying to, I guess, I would just like to reinforce, we're

719
01:08:14,980 --> 01:08:22,240
always trying to get the most number of affordable units. And in Proposition 1, 2, 3, and I understand

720
01:08:22,240 --> 01:08:29,140
we're on good in a good place as far as meeting our three-year obligation with the number of

721
01:08:29,140 --> 01:08:38,160
Prop 1, 2, 3 units we provide, the city of Durango, that are built. But yeah, I guess I'd like to just

722
01:08:38,160 --> 01:08:43,260
You already knew this, but reinforced to get as many affordable units as possible.

723
01:08:43,480 --> 01:08:45,220
Certainly our goal wouldn't be doing my job if we weren't.

724
01:08:45,880 --> 01:08:46,900
I will say two things about that.

725
01:08:47,040 --> 01:08:51,760
Number one, the original criteria for the selection of this proposal for elevation and

726
01:08:51,760 --> 01:08:56,180
tributaries original proposal was targeted at 70 to 120% AMI.

727
01:08:56,860 --> 01:09:02,960
So, if any of those units are not sold at 100% AMI, we as the city as a partner in the project

728
01:09:02,960 --> 01:09:06,000
would not support that if it goes beyond what was in that original proposal.

729
01:09:06,000 --> 01:09:12,060
And as you know, we do still have documented need for those income restricted units at 120%

730
01:09:12,060 --> 01:09:13,000
AMI and even higher.

731
01:09:13,900 --> 01:09:18,040
So, even if it's not prop 1, 2, 3 compliant would certainly fill documented need in the city.

732
01:09:18,500 --> 01:09:26,280
The second is that we are planning on filing a rural resort income based petition to actually change what AMI is qualified

733
01:09:26,980 --> 01:09:29,940
in Durango and probably in all of La Plata County.

734
01:09:30,240 --> 01:09:35,260
So we actually expect that we would get credit if some of those did need to be above 100% AMI.

735
01:09:35,260 --> 01:09:40,980
we think we get credit for all of them regardless. I just can't guarantee that right now since that hasn't been approved.

736
01:09:44,360 --> 01:09:49,940
Commissioner Frederickson. I do not know anything for Mr. Divine. I do have an additional

737
01:09:49,940 --> 01:09:56,820
question for the applicants. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry.

738
01:09:57,380 --> 01:10:03,280
So under Proposition 1 2 3, can you help provide education to make sure we have this? So for rental units

739
01:10:03,280 --> 01:10:06,700
to count towards our 3% annual growth, they have to be at 60% AMI.

740
01:10:06,720 --> 01:10:07,160
That's correct.

741
01:10:07,200 --> 01:10:07,700
Is that correct?

742
01:10:08,020 --> 01:10:08,840
Yes, sir.

743
01:10:08,920 --> 01:10:15,520
So, if the school district buys a block of these, and they are two folks that are above 60%

744
01:10:15,520 --> 01:10:21,100
AMI, then all of those units do not count towards the annual growth for Proposition 1, 2, 3, obligations

745
01:10:21,100 --> 01:10:21,800
and funding.

746
01:10:22,160 --> 01:10:25,280
Subject to a future rural resort income based petition, that's correct.

747
01:10:26,300 --> 01:10:28,640
Which would provide up to what?

748
01:10:29,020 --> 01:10:32,580
We haven't finalized what that number will be, we're working through that with the state

749
01:10:32,580 --> 01:10:40,320
right now. But it's possible that we'll have an increase in both the rental and home ownership

750
01:10:40,320 --> 01:10:47,000
income limits or AMI limits for qualifying units. So again, this is all very dynamic. All these

751
01:10:47,000 --> 01:10:54,760
things are happening at the same time. But it is, it is our belief that this project is a

752
01:10:54,760 --> 01:11:02,560
key element of our compliance with our existing prop 1, 2, 3 filing commitment regardless of the

753
01:11:02,560 --> 01:11:04,840
district participates in the project in that way or not.

754
01:11:06,340 --> 01:11:12,740
The sense. I mean, yes, but the law is written, correct or new rental units to count

755
01:11:12,740 --> 01:11:18,040
towards our Proposition 123 obligations for growth to be able to get future funding.

756
01:11:18,240 --> 01:11:24,900
As it stands today, legally they have to be rented to someone at 60% of AMI. They do. Okay.

757
01:11:25,820 --> 01:11:34,720
So that is a risk that the city runs is if this exemption does not get approved, or for whatever reason,

758
01:11:34,940 --> 01:11:39,740
which I don't fault during those schools for doing this, it runs people above that,

759
01:11:40,020 --> 01:11:43,800
not a single one of those units could potentially count towards that three percent annual growth.

760
01:11:44,600 --> 01:11:46,100
Yes, that's possible, right?

761
01:11:46,360 --> 01:11:49,840
I mean, the laws of stands today with no exemptions that is the truth.

762
01:11:49,840 --> 01:12:01,120
Yes. Okay. So I want to make sure we all understand that and have that on record because it could potentially impact the situation negatively for all of us.

763
01:12:01,360 --> 01:12:09,020
That is true and I'll reiterate that the terms of that housing agreement are not a criterion of approval for tonight's preliminary development plan.

764
01:12:10,040 --> 01:12:10,820
I think it's important to state that.

765
01:12:10,860 --> 01:12:14,060
I think this is important educational material for us, Mr. Divine.

766
01:12:14,280 --> 01:12:15,680
So I'm asking the clarifying question.

767
01:12:15,680 --> 01:12:16,380
I'm sorry.

768
01:12:16,640 --> 01:12:16,800
I'm sorry.

769
01:12:16,900 --> 01:12:17,880
Believe me.

770
01:12:17,900 --> 01:12:18,800
Mr. Swartz.

771
01:12:19,620 --> 01:12:21,740
Kind of to maybe clarify a little bit more.

772
01:12:21,840 --> 01:12:26,200
If they are, this could be more of a question for Prop 1, 23 in general.

773
01:12:26,520 --> 01:12:32,320
But if they are sold to the school district at that 100% AMI doesn't that meet the qualifications

774
01:12:32,320 --> 01:12:32,960
for?

775
01:12:33,340 --> 01:12:33,500
Yeah.

776
01:12:33,660 --> 01:12:34,120
Good question.

777
01:12:34,820 --> 01:12:34,860
No.

778
01:12:35,060 --> 01:12:39,220
In that case, the state will look at the actual rents that the district charges their

779
01:12:39,220 --> 01:12:39,540
employees.

780
01:12:39,800 --> 01:12:40,080
Okay.

781
01:12:40,100 --> 01:12:44,720
So they wouldn't count the force seal at the 100% AMI, they would then look at the

782
01:12:44,720 --> 01:12:47,700
to make sure that that. Okay, thank you.

783
01:12:51,490 --> 01:12:55,150
I have no further clarifying questions, but do any of you before we move along?

784
01:12:56,830 --> 01:12:58,510
Yeah, Commissioner Evans, my apologies.

785
01:12:58,970 --> 01:12:59,530
Thank you.

786
01:13:04,000 --> 01:13:06,660
All right, your silence means nothing from Mr. Divine at this moment.

787
01:13:06,900 --> 01:13:09,560
I would ask the...

788
01:13:09,560 --> 01:13:11,000
Oh, Commissioner Evans, go ahead.

789
01:13:13,780 --> 01:13:14,300
Oh, okay.

790
01:13:14,840 --> 01:13:16,060
I do. I'm sorry.

791
01:13:18,180 --> 01:13:18,580
All right.

792
01:13:20,380 --> 01:13:23,720
So, I don't do we have any questions from Ms. Bernstein

793
01:13:23,720 --> 01:13:27,720
that we would like to address real quickly before I invite the applicant back up.

794
01:13:29,700 --> 01:13:30,740
Thanks, Mr. Vine.

795
01:13:30,860 --> 01:13:31,300
Thank you.

796
01:13:31,340 --> 01:13:34,020
And if I can invite the applicant to come back up really quickly.

797
01:13:34,020 --> 01:13:36,040
Commissioner Frederickson had a clarifying question.

798
01:13:36,200 --> 01:13:37,160
He wanted to ask you.

799
01:13:37,260 --> 01:13:38,120
I appreciate your time.

800
01:13:38,840 --> 01:13:41,880
This is directly addressing the site plan.

801
01:13:43,180 --> 01:13:44,500
Or tonight's discussion.

802
01:13:44,900 --> 01:13:47,720
The two right renderings are, can we say where we were?

803
01:13:49,260 --> 01:13:50,000
You're good.

804
01:13:50,000 --> 01:13:53,500
The two right renderings are

805
01:13:55,900 --> 01:14:03,720
the best way to put it is disingenuous in regards to how the site plan is actually going to take place in regards to the lack of storage sheds.

806
01:14:04,440 --> 01:14:07,160
The shown on the property of those sheds are not shown on there.

807
01:14:07,620 --> 01:14:16,720
They would be in front of the three white cars on the middle right of the bottom right one and then they would also be shown right on the middle left of the other one.

808
01:14:16,720 --> 01:14:27,460
That's my first statement. My second one is I'm not in studying this more thoroughly. I'm not a big fan of how the units at the far east of the property have been flipped.

809
01:14:28,620 --> 01:14:36,860
To where their accesses or as far away from the parking areas, they possibly could be, I mean humans are lazy creatures.

810
01:14:37,480 --> 01:14:42,540
Then they will use their backyard to walk and make the bedroom unit that will be a sliding door their front door.

811
01:14:43,740 --> 01:14:48,020
So we see those on the right there, the far right, the five units there.

812
01:14:48,480 --> 01:14:54,720
The two units that are the bottom that are the stack duplex units do face the parking lot, the top five, do not.

813
01:14:55,460 --> 01:14:58,280
Additionally, we have storage sheds that are facing each other on the...

814
01:15:00,000 --> 01:15:16,080
parking lot, that are seen pretty conspicuously from Highway 160. I do not want to hold up this project at all tonight, but I would greatly request that those storage units somehow be either incorporated into the units themselves.

815
01:15:17,200 --> 01:15:25,860
Or we saw a recent project from a GABA where they incorporated those storage units into the retainage, which there could be significant retainers that's happening on this project.

816
01:15:26,440 --> 01:15:32,200
And they could therefore be used, the rear wall could literally be the rear wall of storage units and then they're fully gone.

817
01:15:32,740 --> 01:15:37,920
We want this place to stand the test of time architecturally and we have, if we have a little 10 by 12 storage units.

818
01:15:38,720 --> 01:15:43,100
Salt and effort all over the place with these other buildings all staggered and salt and effort.

819
01:15:43,640 --> 01:15:46,440
It's going to look pretty shanty town pretty quickly.

820
01:15:47,420 --> 01:15:52,500
So I would just, as you guys were refining these, I know it's a value engineering process as well.

821
01:15:52,500 --> 01:15:55,780
but you're going to have to be incorporating the stairs onto the other units of those

822
01:15:55,780 --> 01:16:03,380
will be shifting back a little bit. The two bottom two-plex units. So just, yeah, I mean,

823
01:16:03,500 --> 01:16:08,120
please see that advice. We could those storage units get all of the move against that hillside

824
01:16:08,120 --> 01:16:13,500
and you have a buffer and other retainage for the units and agave it has some recent

825
01:16:13,500 --> 01:16:18,880
drawings that they've done on that with RANA as well. It would be much more attractive.

826
01:16:18,880 --> 01:16:19,380
That's the great.

827
01:16:20,000 --> 01:16:21,520
Yeah, I mean, the backyard is just small.

828
01:16:21,640 --> 01:16:23,540
The storage units just track them up a little bit.

829
01:16:23,800 --> 01:16:25,980
All right, and make the units face the parking area.

830
01:16:26,160 --> 01:16:31,700
I mean, let the backyard over there at the potential secondary water storage area

831
01:16:31,700 --> 01:16:36,560
at B, a play area, but not something you have to walk around all your neighbors units

832
01:16:36,560 --> 01:16:38,040
and around the sidewalk to get to back.

833
01:16:38,100 --> 01:16:42,820
Not only that, but it also saves you guys a ton of money and materials as far as not

834
01:16:42,820 --> 01:16:46,580
a ton, but a reasonable amount of money for pouring the sidewalks to wrap around all the

835
01:16:46,580 --> 01:16:48,140
way to the back back there if they're meeting.

836
01:16:48,140 --> 01:16:51,260
the curb and gutter system of the parking lot.

837
01:16:51,400 --> 01:16:55,340
In the units we'll have rear entries that will be accessible parking.

838
01:16:55,960 --> 01:17:00,040
So that's the intention there is that parking car you come in your back door.

839
01:17:00,140 --> 01:17:03,420
Most of those enter into a kitchen space where you would.

840
01:17:03,420 --> 01:17:06,780
So you wouldn't really have to be circulating around the entire building.

841
01:17:07,220 --> 01:17:11,640
And we kind of want that front porch feel where you have a shared kind of front yard.

842
01:17:12,180 --> 01:17:14,400
And there's eyes in that common area.

843
01:17:14,920 --> 01:17:19,360
I mean, I'm misunderstanding the comment. You were thinking of playing the front facing the parking.

844
01:17:19,620 --> 01:17:22,320
Well, that's how you have all of the units in the middle.

845
01:17:22,680 --> 01:17:26,980
You have all of them. Oh, no, you don't. You have them all facing. I see what you're doing.

846
01:17:27,220 --> 01:17:28,000
All of that. Yeah.

847
01:17:28,140 --> 01:17:30,020
The front porch is front that open space.

848
01:17:30,140 --> 01:17:30,320
Right.

849
01:17:30,360 --> 01:17:30,760
Right.

850
01:17:30,760 --> 01:17:32,600
Like a common front yard.

851
01:17:33,080 --> 01:17:33,320
Right.

852
01:17:33,480 --> 01:17:36,760
That you have access off your parking through a rear end.

853
01:17:38,000 --> 01:17:38,440
Yeah.

854
01:17:39,800 --> 01:17:41,180
I hear what you're saying there.

855
01:17:42,000 --> 01:17:57,280
But the comment on the storage is on the storage that makes total sense and I think that we should look at integrating that into the back of the units or the size of the units or the hillside. I think there's a lot of options there that could be better than just a free standing little structure. Yeah.

856
01:17:57,280 --> 01:17:57,480
Yeah.

857
01:18:00,140 --> 01:18:00,540
Okay.

858
01:18:00,920 --> 01:18:10,880
That I'm important on those, but I hear what you're saying there. I can see what you're aiming for, but it's a little bit unusual to literally design something where the back door will be used as a front door.

859
01:18:11,800 --> 01:18:17,120
we've had success in other projects and that engaged area with the

860
01:18:17,120 --> 01:18:22,040
portures you know has been a plus so yeah on a piece of paper I can

861
01:18:22,040 --> 01:18:25,840
understand but I think in action where we've seen it in our projects it's

862
01:18:25,840 --> 01:18:31,100
really been a gathering place to the picture that Commissioner Hunter

863
01:18:31,720 --> 01:18:32,400
identified.

864
01:18:37,140 --> 01:18:43,120
So interviewing the four plans themselves then main level plan

865
01:18:44,440 --> 01:18:48,600
So you'll be inering the back door kind of where all the where that half bath is located.

866
01:18:48,720 --> 01:18:49,920
That's correct. Yes.

867
01:18:51,880 --> 01:18:52,120
Okay.

868
01:18:56,920 --> 01:19:00,500
And then what is that little room that's immediately adjacent to that half bath on the other

869
01:19:00,500 --> 01:19:01,640
Should of a hallway?

870
01:19:05,050 --> 01:19:07,970
Well, these that's like a mechanical or mud room kind of area.

871
01:19:09,150 --> 01:19:09,590
Okay.

872
01:19:09,930 --> 01:19:11,970
When you come in, you have a little space.

873
01:19:12,570 --> 01:19:12,790
Yep.

874
01:19:13,750 --> 01:19:16,190
Take your shoes off and you're kind of touched down spot.

875
01:19:17,500 --> 01:19:19,220
It's a tight space.

876
01:19:19,820 --> 01:19:21,940
I mean, I see that you're working with tight limitations.

877
01:19:23,620 --> 01:19:25,200
I can't say that I fully agree with you,

878
01:19:26,060 --> 01:19:27,260
but let's see what happens.

879
01:19:32,960 --> 01:19:37,540
I'd like to piggyback on to Commissioner Frederickson's comments

880
01:19:37,540 --> 01:19:42,800
and just say that certainly this rendering of the central space

881
01:19:42,800 --> 01:19:46,620
with the front porch is facing it is a wonderful concept.

882
01:19:46,620 --> 01:20:01,040
But I think I agree with him on those five North Eastern most units because the space there looking at is to the east and it's uphill toward the driveway.

883
01:20:01,040 --> 01:20:16,680
And I just like to, as you think about those five East units, consider, I think this doesn't happen enough, we think about how the resident is going to use their unit and we don't think about a visitor brand new to the project.

884
01:20:17,280 --> 01:20:25,860
And I would say that for those five Eastern units, it would be more, there's no reason for them to need to face eastward.

885
01:20:26,680 --> 01:20:35,840
for the visitor experience and I definitely agree with Commissioner Frederickson about getting those storage units more out of sight.

886
01:20:36,420 --> 01:20:45,440
And so if I'm visiting somebody, I'd like to, and there's some parts of the code it might only be for commercial where they say the front entrance should address the street.

887
01:20:45,440 --> 01:20:53,860
And it just makes more, it makes it easier to find instead of going up knocking on everybody's

888
01:20:53,860 --> 01:20:56,880
back door because they don't have their addresses out there.

889
01:20:58,600 --> 01:21:02,440
Yeah, I think one other thing maybe we should look at is just pedestrian circulation and

890
01:21:02,440 --> 01:21:09,620
how to better connect the sidewalk along the main street that runs east west to the sidewalk

891
01:21:09,620 --> 01:21:13,040
that leads to the front door because right now that's a little disconnected with the storm

892
01:21:13,040 --> 01:21:17,780
water pond. We do have some great constraints in that area that make it challenging, but better

893
01:21:17,780 --> 01:21:22,280
connectivity for that sidewalk, so that you could park on that parallel spot and know where

894
01:21:22,280 --> 01:21:27,260
to go, could help, but definitely hear your comment and something will take place.

895
01:21:27,280 --> 01:21:34,020
Like this flipping the five Eastern units, because I buy what you're saying about that beautiful

896
01:21:34,020 --> 01:21:41,760
common space in the center, but look at your three Western units there on the left side and

897
01:21:41,760 --> 01:21:45,820
They're easy to find because they're front entry faces the drive.

898
01:21:49,140 --> 01:21:50,680
One additional thing.

899
01:21:52,560 --> 01:22:03,540
There also might be some city codes out there that say that the curb and gutter and the sidewalk connection needs to happen because of the site circulation from the parking lot to the units.

900
01:22:04,080 --> 01:22:12,420
My need their own concrete access immediately off of the curb because the way that it's drawn now with the storage units there and without there being a sidewalk there.

901
01:22:12,420 --> 01:22:18,340
your force to circulate through the parking lot to get to the sidewalks that

902
01:22:18,340 --> 01:22:24,020
access the courtyards that you're at so just before you dive fully into it just

903
01:22:24,020 --> 01:22:27,000
know that intent there that that thing doesn't catch you off guard and then you

904
01:22:27,000 --> 01:22:32,300
like holy moly we got an extra 75 yards in mud in here and we know that's not

905
01:22:32,300 --> 01:22:33,000
cheap so

906
01:22:36,420 --> 01:22:42,140
I have one question but I'd ask Ms. Bernstein to provide an answer for a

907
01:22:42,140 --> 01:22:47,340
question first. Can you remind me from a process and point or maybe the entire commission?

908
01:22:48,080 --> 01:22:54,060
Obviously, assuming approval tonight of the plenary of all the plan and plan development

909
01:22:54,060 --> 01:22:59,380
zoning, what's the next step in the process here for this project in terms of what it will

910
01:22:59,380 --> 01:23:04,100
come back to us eventually, right? It would not. It would not. Yeah. So with this being the preliminary

911
01:23:04,100 --> 01:23:10,100
development plan, with a positive recommendation from you all tonight, it would go on to City Council

912
01:23:10,100 --> 01:23:27,300
three meetings associated with the ordinance for the zoning aspect, one meeting for the resolution for the preliminary development plan, and then the final development plan is, yeah, just a staff approval.

913
01:23:27,300 --> 01:23:42,100
Thank you. Okay and then so the housing agreement is in lock step before it will end up at city council

914
01:23:42,100 --> 01:23:49,370
then I assume is that a correct assumption? I believe the housing agreement will be finalized prior to

915
01:23:50,580 --> 01:23:55,520
the city council action because while the city manager's office can execute those agreements on

916
01:23:55,520 --> 01:24:00,880
half of city council. Yes, it should theoretically be approved before our project that utilizes

917
01:24:00,880 --> 01:24:06,980
those tools goes before city council. Can you say that again? I'm not sure. I'm just saying

918
01:24:06,980 --> 01:24:14,040
the agreement between the parties around how the affordability will work should be finalized

919
01:24:14,040 --> 01:24:19,700
before it is approved by city council from a process standpoint. Is that in actuality what

920
01:24:19,700 --> 01:24:25,420
the community and the commission could expect? It will be a two step process to encapsulate

921
01:24:25,420 --> 01:24:29,840
the final affordability mechanism. There will be the housing agreement that we've already discussed.

922
01:24:30,300 --> 01:24:34,380
Again, I believe that that will be finalized prior to the City Council's action on this project.

923
01:24:34,580 --> 01:24:39,140
There will also be a fair share agreement. I think this project is not exempt from fair share,

924
01:24:39,140 --> 01:24:44,860
as proposed, in which case the code specifies that fair share agreements are executed after

925
01:24:44,860 --> 01:24:48,800
final development plan and prior to building permits. Got it. Okay.

926
01:24:49,480 --> 01:25:07,900
And I think this is maybe just a comment for applicants and staff, which is I do, I am very supportive of the during the school district aggressively pursuing housing for their employees, but I would caution all of us to be aware of unintended consequences of that.

927
01:25:07,900 --> 01:25:27,640
And I know, again, we are likely on track to see much more than the 3% growth in affordability, but that depends on a lot of things where there are no shovels in the ground yet, and so I would just encourage the applicant and staff to make sure we consider that when working with the school district, please.

928
01:25:27,640 --> 01:25:57,620
Well said, and I will say we're, you know, ten plus or minus is the kind of unit sale we're talking about with nine hours. So it's certainly not all the units ECLT, they, they, they are very focused on this being a part of their broader portfolio. So yeah, I, I, again, I, I sound negative. I'm actually very supportive. I just want to make sure that we think about those pieces that could potentially harm the community as a whole.

929
01:25:57,640 --> 01:26:00,120
while trying to do good for it as well.

930
01:26:00,480 --> 01:26:02,800
So, all right, thank you very much.

931
01:26:02,800 --> 01:26:04,240
Anyone else have anything for staff

932
01:26:04,240 --> 01:26:06,180
for the applicant before we open public hearing?

933
01:26:06,980 --> 01:26:08,640
All right, thank you all very, very much.

934
01:26:10,420 --> 01:26:13,240
At this time, I will go ahead and open public hearing

935
01:26:13,240 --> 01:26:16,680
on Project PR2585, which is the Landry Creek

936
01:26:16,680 --> 01:26:17,520
Commons Plan Development.

937
01:26:18,340 --> 01:26:20,780
If you are joining us online, please go ahead

938
01:26:20,780 --> 01:26:22,960
and raise your hand and Mr. Murray will call on you

939
01:26:22,960 --> 01:26:26,220
and for those presence in chambers that might want to comment

940
01:26:26,220 --> 01:26:28,740
on this we will open public hearing to you next

941
01:26:31,400 --> 01:26:36,070
don't see any hands raised on cases taking

942
01:26:36,070 --> 01:26:40,490
them a moment I wouldn't invite anyone in person today who'd like to come in on this to go

943
01:26:40,490 --> 01:26:47,570
ahead and come on forward. All right. So you know one one last check online. No hands raised.

944
01:26:49,370 --> 01:26:55,150
Okay well with that I will close public comment on this project and I will bring it back to the

945
01:26:55,150 --> 01:26:59,570
commission for discussion or emotion if all of you are ready either way.

946
01:27:07,530 --> 01:27:08,730
It should be noted the

947
01:27:09,710 --> 01:27:17,970
If you do plan a recommended motion, there is one that does call out some specifics that need to be handled.

948
01:27:18,370 --> 01:27:23,730
It is on packet page 52 if you're interested in refreshing your memory.

949
01:27:36,260 --> 01:27:43,640
I just had a point of order, are we still in discussion, or are we now asking for a motion to then promote the discussion?

950
01:27:44,720 --> 01:27:51,280
I think if this is of sufficient complexity, we can entertain a motion to open discussion,

951
01:27:51,960 --> 01:27:56,480
or we could, or I'd be happy to entertain a motion, which would then allow for discussion

952
01:27:56,480 --> 01:27:57,180
on the motion.

953
01:27:59,380 --> 01:28:05,200
I think I haven't heard the, having heard all the discussion, I would go ahead and make

954
01:28:05,200 --> 01:28:10,400
a motion to recommend approval of light and a creek commons preliminary development plan,

955
01:28:10,400 --> 01:28:15,200
and plan development zoning with the finding that the proposal is consistent with the

956
01:28:15,200 --> 01:28:22,000
applicable review criteria in the land use and development code with the following conditions being

957
01:28:22,000 --> 01:28:27,780
met. The applicant to respond to or address all comments from Drango Fire and Rescue,

958
01:28:28,500 --> 01:28:35,640
engineering division, stormwater management, and major site plan review, and submit snow storage plan

959
01:28:35,640 --> 01:28:41,020
lighting plan. All future submittals by the applicant should be in conformance with the

960
01:28:41,020 --> 01:28:47,580
doctor's city standards regulations, plan goals, ordinances, building and fire codes,

961
01:28:51,280 --> 01:28:56,660
and all verbal and graphic representations of the applicants or their agents shall be deemed

962
01:28:56,660 --> 01:29:02,460
conditions of approval. Thank you, Commissioner Apec, do we have a second? All second?

963
01:29:08,910 --> 01:29:09,630
Thanks,

964
01:29:09,630 --> 01:29:14,970
of discussion. So last year Hunter, I will go ahead and bring open that up for you, please.

965
01:29:15,330 --> 01:29:21,030
Okay. Thank you. Am I allowed to ask clarification from staff during this?

966
01:29:21,270 --> 01:29:27,990
Okay. Certainly. So my noting condition number two, that's already in there, all future

967
01:29:27,990 --> 01:29:32,530
submittals by the African Shelby and conformance with adopted city standards,

968
01:29:32,530 --> 01:29:44,370
and would that include then LUDC section 3, 4, 3, 8 architectural detailing and the no blank walls.

969
01:29:45,830 --> 01:29:47,730
This section right here,

970
01:29:51,260 --> 01:29:52,820
that's part of the LUDC.

971
01:29:54,120 --> 01:29:58,200
Or should I make it, should I specifically note it since the material?

972
01:30:00,000 --> 01:30:10,480
We've seen today have not indicated compliance yet. With that, have not, you know, that, like they might comply, but then again, they might not go ahead.

973
01:30:10,500 --> 01:30:15,560
My hesitation there was that. I would be curious to look at the larger context of where that falls and that all you do.

974
01:30:17,020 --> 01:30:20,160
Oh, um, chapter three, lots building structures.

975
01:30:22,040 --> 01:30:26,600
So if it is in the code and does apply to this project, then they will have to conform with it.

976
01:30:26,600 --> 01:30:37,900
Okay, and would the trees shading asphalt area, would that also fall under LUDC standards?

977
01:30:39,160 --> 01:30:39,960
I,

978
01:30:42,260 --> 01:30:49,580
including it in that strip between the drive aisle and the pathway, I don't think there would anything that specifically touches on that.

979
01:30:49,580 --> 01:30:57,080
So that could be a possible additional condition of approval is to work through that.

980
01:30:57,120 --> 01:30:58,880
It could be to consider that.

981
01:30:59,320 --> 01:31:05,980
I would caution you against requiring it just, you know, because of the logistics of.

982
01:31:06,000 --> 01:31:06,340
Okay.

983
01:31:06,580 --> 01:31:13,100
So to consider, but it is a code requirement that have treaties shading a parking area.

984
01:31:13,100 --> 01:31:24,080
So, we're letting them off shading those parking areas that are not near this internal drive.

985
01:31:24,920 --> 01:31:28,120
And we're asking them instead to shade the internal drive.

986
01:31:32,770 --> 01:31:36,790
I mean, we would be if the commission approves.

987
01:31:36,990 --> 01:31:38,410
I'm a condition of approval.

988
01:31:38,510 --> 01:31:39,110
I agree with this.

989
01:31:39,150 --> 01:31:43,510
That we're letting them off the hook with anything they are required to meet their landscaping requirements

990
01:31:43,510 --> 01:31:47,650
and being compliant with W wildfire resiliency code.

991
01:31:48,510 --> 01:31:50,610
So, it's a matter of working out that.

992
01:31:50,610 --> 01:31:51,490
They can split.

993
01:31:51,770 --> 01:31:53,150
Which is the hard part.

994
01:31:53,530 --> 01:31:54,810
Yeah, they can split.

995
01:31:55,530 --> 01:32:00,610
They're first project where we're going to see those come together.

996
01:32:01,870 --> 01:32:03,710
And they are more than nine parking spaces.

997
01:32:04,790 --> 01:32:05,590
So, they, yeah.

998
01:32:06,170 --> 01:32:11,110
Okay, so we'll make, I'm going to propose a condition of approval on that.

999
01:32:11,110 --> 01:32:20,410
And then I'm not so worried about retention pond as an amenity and the assigned parking.

1000
01:32:20,630 --> 01:32:21,710
I'm not worried about that.

1001
01:32:22,390 --> 01:32:29,770
So, oh, and then just color considerations, consider being closer to the conceptual plans

1002
01:32:29,770 --> 01:32:30,490
of the middle

1003
01:32:33,560 --> 01:32:35,840
since throughout the staff report.

1004
01:32:36,120 --> 01:32:43,840
It says that this project is very close, and that's the only way it's not close that I have

1005
01:32:43,840 --> 01:32:44,380
noticed.

1006
01:32:47,820 --> 01:32:55,380
Okay. Sure. I have a question as a point of order. Yeah. It just appears that we're now

1007
01:32:55,380 --> 01:33:01,880
moving away from the motion and the second that are out there and I'm not clear in terms of

1008
01:33:01,880 --> 01:33:10,680
yes, there being proposed any changes to that motion as it was submitted. Yes. I'm not clear on any

1009
01:33:10,680 --> 01:33:15,080
So if I can clarify, so we can keep on place here.

1010
01:33:15,760 --> 01:33:18,500
So, Commissioner Hunter, if you have an amendment to the motion,

1011
01:33:18,960 --> 01:33:21,620
I would propose that you go ahead and make that at this moment.

1012
01:33:21,900 --> 01:33:23,280
Okay. Thank you, Chair Scott.

1013
01:33:23,960 --> 01:33:27,300
So, I would propose the following amendment to the motion,

1014
01:33:28,240 --> 01:33:29,880
and trying to be as clear as possible.

1015
01:33:29,880 --> 01:33:49,980
condition number 4 that the applicant, the applicant comply with LUDC 3438 architectural detailing,

1016
01:33:50,580 --> 01:33:59,540
providing side elevations that comply with items B and C link walls, and that they consider

1017
01:33:59,540 --> 01:34:07,440
maybe it needs to be a separate condition condition number five, they consider providing trees to

1018
01:34:07,440 --> 01:34:17,000
shade the driveway between the driveway and the twin-viewed trail system and also that they

1019
01:34:17,000 --> 01:34:24,580
consider following the conceptual plan more closely in terms of different colors for the

1020
01:34:24,580 --> 01:34:33,860
different homes, and I think that's it on my side. Oh, and then consider, and Commissioner

1021
01:34:33,860 --> 01:34:40,600
Fredrickson can correct me if he disagrees, consider flipping the orientation of the five

1022
01:34:40,600 --> 01:34:43,440
Northeastern most units to face the parking.

1023
01:34:52,820 --> 01:34:55,040
Yeah, I need clarification from staff. I don't

1024
01:34:55,040 --> 01:35:01,660
think considerations can be a condition of approval. I understand, and I'm just need to ask

1025
01:35:01,660 --> 01:35:04,840
for clarification. So I invite whoever wants to address that, whether it's torture

1026
01:35:04,840 --> 01:35:11,980
Lopco or Mr. Murray. But I understand, and I apologize, I don't, it's the 3, 4,

1027
01:35:12,780 --> 01:35:18,480
3 design element, and I don't know this specific section. Sorry. I think that is very straightforward,

1028
01:35:20,380 --> 01:35:24,780
potentially, to make sure that they comply, since no, nothing has been presented yet.

1029
01:35:24,840 --> 01:35:28,120
But I think the other things are much more challenging. Mr. Murray or Dr. Lopco or Ms.

1030
01:35:28,300 --> 01:35:31,140
Bernstein, I'm happy. I just, there's an amended motion on the table,

1031
01:35:31,140 --> 01:35:33,120
that we needed to turn it if there's even a second.

1032
01:35:33,560 --> 01:35:40,980
Yeah, just as a point of order, as I was understanding, there was an amendment to the motion

1033
01:35:40,980 --> 01:35:44,220
that was offered by Vice Chair Hunter.

1034
01:35:46,180 --> 01:35:54,620
That whole array that was presented in terms of an amendment is now in front of us, but there's

1035
01:35:54,620 --> 01:36:02,560
no second to that particular amendment. And so if, in fact, it's not second of it would die

1036
01:36:02,560 --> 01:36:08,080
as it stands, just as a point of order. I do not disagree. Is there a second of the motion?

1037
01:36:12,480 --> 01:36:12,940
Okay.

1038
01:36:16,220 --> 01:36:19,520
Commissioner Hunter, would you maybe like to try a slightly different motion?

1039
01:36:21,860 --> 01:36:26,720
Sorry, Commissioner Fredericks and God. Or we dive deeper.

1040
01:36:29,500 --> 01:36:30,940
I believe a lot of the concerns that you

1041
01:36:30,940 --> 01:36:36,580
have Commissioner Hunter or address within the conditions of approval that are there because

1042
01:36:36,580 --> 01:36:42,620
this is not a PD that's being presented. This is just something that has to align with the

1043
01:36:42,620 --> 01:36:49,400
LUDC. So they are not allowed to not conform with the LUDC. They have to conform with the

1044
01:36:49,400 --> 01:36:55,340
LUDC. If this is before it, if this were a PD, it would be a different situation. This is a PD.

1045
01:36:55,340 --> 01:36:56,520
This is a PD.

1046
01:37:00,150 --> 01:37:03,490
Okay, then. Next round. Here we go.

1047
01:37:05,410 --> 01:37:07,230
I think to your point, commissioner,

1048
01:37:07,350 --> 01:37:11,310
if I can mention it, then we're enough of staff to clear

1049
01:37:11,310 --> 01:37:14,450
the illustrates that it, well, the applicant shall be in

1050
01:37:14,450 --> 01:37:16,430
conformance with adopted city standard regulations,

1051
01:37:16,710 --> 01:37:20,330
plan goals, ordinances, and building of fire codes, and is in the

1052
01:37:20,330 --> 01:37:22,930
motion under discussion originally made by Commissioner

1053
01:37:22,930 --> 01:37:30,090
So there is actual language in the motion for approval saying they will comply with the LEDs.

1054
01:37:31,410 --> 01:37:37,630
So I think similar to why you were trying to show, but there is no specific exclusion.

1055
01:37:38,030 --> 01:37:47,330
Historically, though, this would have been handled in a finding commission or CDC meeting in regards to what those conditions that will be excluded can be.

1056
01:37:48,670 --> 01:37:52,670
the exclusions that they would have particularly from the LUDC.

1057
01:37:53,950 --> 01:37:56,810
Those would be labeled on here. So at this point in time,

1058
01:37:58,550 --> 01:38:01,530
I as much as anybody in this room want to see this thing move forward.

1059
01:38:04,220 --> 01:38:06,180
But we're kind of

1060
01:38:06,180 --> 01:38:09,820
playing the game of an expedited review process here with this one,

1061
01:38:10,240 --> 01:38:13,860
because we're not playing by the rules that we've always played by in regards to

1062
01:38:14,480 --> 01:38:19,720
But number two, and it entirely within staff's hands, in regards to what sort of things

1063
01:38:19,720 --> 01:38:24,000
they had or beholden to in the LUDC and what sort of things they are not.

1064
01:38:24,600 --> 01:38:30,420
That was something that was always discussed publicly in this room or Zoom when it was

1065
01:38:30,420 --> 01:38:34,280
the COVID times about what was required and what was allowed to be exempt.

1066
01:38:34,400 --> 01:38:40,400
I mean, we've seen numerous projects that had in the heightings the amount of exclusions that

1067
01:38:40,400 --> 01:38:43,860
had from the LEDC, but we're not seeing them exposed to it here.

1068
01:38:45,960 --> 01:38:47,160
That's all that I'd say.

1069
01:38:50,640 --> 01:38:51,960
I don't know why I have a question.

1070
01:38:53,140 --> 01:38:56,880
Given, well, I shouldn't get Commissioner Evans a chance.

1071
01:38:57,020 --> 01:38:58,080
She has not had an opportunity.

1072
01:39:00,100 --> 01:39:00,140
Yes.

1073
01:39:02,670 --> 01:39:07,490
To me, if there's no exclusions listed, then everything is included.

1074
01:39:10,100 --> 01:39:14,180
So that building in far codes and ordinances, all of them apply.

1075
01:39:16,550 --> 01:39:29,570
And early on, we had discussions on whether to include considerations in additional conditions

1076
01:39:29,570 --> 01:39:36,990
and early on, you know, this is two years ago, and we decided that it's not appropriate

1077
01:39:36,990 --> 01:39:39,770
for conditions to be considerations.

1078
01:39:41,130 --> 01:39:49,570
We can express them to the applicant, but not put them as a form of condition, but that's my memory.

1079
01:39:52,450 --> 01:40:07,290
But since there's no exclusions at all in any of the application, I would read that as two would apply for all ordinances, building and barcodes, and everything else listed there.

1080
01:40:08,050 --> 01:40:10,610
So, that's all I had to say. Thanks.

1081
01:40:11,350 --> 01:40:12,210
Thank you, Commissioner Arvin.

1082
01:40:12,370 --> 01:40:15,430
Commissioner Frederickson, I believe you have a motion you'd like to make.

1083
01:40:16,470 --> 01:40:22,130
With that in mind and with the reaction I'm seeing from the applicant and the room in general,

1084
01:40:22,290 --> 01:40:29,730
I would like to amend number two in the recommended motion to say all future submittals by the applicant,

1085
01:40:29,730 --> 01:40:36,150
Shelby and conformance with the LUDC, adopted city standards, regulations,

1086
01:40:36,730 --> 01:40:39,170
land goals, ordinance, and building and fire codes.

1087
01:40:41,470 --> 01:40:43,050
We have a second on that motion.

1088
01:40:44,290 --> 01:40:50,050
Also, I can put okay. I would like to suggest an interest of time that we move to a vote on that

1089
01:40:50,050 --> 01:40:53,110
unless anyone really needs to discuss that amendment real quickly here.

1090
01:40:56,640 --> 01:41:01,820
So I had just a quick comment. So we're not even though

1091
01:41:01,820 --> 01:41:07,520
So the thing we're talking about, the difference between conceptual submittal and pre-lynnery

1092
01:41:07,520 --> 01:41:11,220
plan, the biggest difference is the building colors.

1093
01:41:12,500 --> 01:41:16,860
And as represented at the conceptual submittal, they have different building colors, whereas

1094
01:41:16,860 --> 01:41:18,940
now in the pre-lynnery plan they don't.

1095
01:41:19,840 --> 01:41:26,700
So I guess, even though that's not a standard in the LUDC, it is throughout the staff report

1096
01:41:26,700 --> 01:41:34,100
that you want the preliminary plan to be in alignment with the conceptual plan.

1097
01:41:34,920 --> 01:41:36,760
I'm going to go ahead and course characters here.

1098
01:41:36,860 --> 01:41:38,360
Let's go ahead and vote on the motion.

1099
01:41:39,000 --> 01:41:42,960
I think you have a valid point, but I think it's on a slightly different topic.

1100
01:41:45,940 --> 01:41:53,300
Just one quick comment on the motion for us to contemplate quickly before we vote on it.

1101
01:41:53,420 --> 01:41:57,360
I think as long as it's not restricting,

1102
01:41:58,320 --> 01:42:03,500
It seems to me that it follows within everything we're going for here, follow all the rules,

1103
01:42:03,780 --> 01:42:10,700
everything that we've read to the letter, it just clarifies explicitly that we're looking at the rules and rigs in the LUDC,

1104
01:42:11,860 --> 01:42:19,360
whereas the amendment as written doesn't, though the overall motion does, so it's a little bit of redundancy to me,

1105
01:42:19,360 --> 01:42:27,560
seems that we're not stepping on any toes, we're not closing off any pathways, just an extra

1106
01:42:27,560 --> 01:42:34,160
bit of clarification. And so with that, I'm ready for us to vote on this. On Commissioner

1107
01:42:34,160 --> 01:42:37,080
Frederickians motion, everybody else's.

1108
01:42:38,220 --> 01:42:41,940
We'll be voting on in the amendment. Yeah, so we'll be voting on an amendment right now,

1109
01:42:41,940 --> 01:42:50,480
that he can I just interject and ask commissioner Fredrickson. I apologize. I think I missed

1110
01:42:50,480 --> 01:43:00,120
how you changed condition number two. I added conformance with the LUDC comma adopted

1111
01:43:00,120 --> 01:43:02,680
city standards or omitting only.

1112
01:43:08,740 --> 01:43:11,060
It says that this proposal is consistent.

1113
01:43:14,830 --> 01:43:16,250
A applicable, what

1114
01:43:16,250 --> 01:43:24,100
applicable mean. I mean, as that doesn't say all. Yeah, that is saying applicable review criteria in

1115
01:43:24,100 --> 01:43:28,440
the land use and development codes. That would be the review criteria specifically for plan development,

1116
01:43:29,420 --> 01:43:30,720
preliminary development plan.

1117
01:43:35,020 --> 01:43:39,620
Mr. Chair, I go ahead and call the question in terms of this commission,

1118
01:43:40,160 --> 01:43:47,820
and this commission only in terms of voting on this particular motion. All right. So,

1119
01:43:47,820 --> 01:43:54,720
Commissioner Fredrickson has proposed an amendment to the motion which so which changes bullet number two to all features of

1120
01:43:54,720 --> 01:44:00,680
Middles by the applicant. I'll be in conformance with the land use development code comma adopted city standards regulation

1121
01:44:00,680 --> 01:44:07,040
Plan goals ordinance and building in fire codes and we have a second and we've had discussion Mr. Murray, would you please call the roll

1122
01:44:07,620 --> 01:44:16,880
Correct on the amendment Commissioner Schwartz. Yes, Commissioner Stetz and Lee. Yes, Commissioner Fredrickson. Yes, Vice Chair Hunter. Yes

1123
01:44:16,880 --> 01:44:27,180
Commissioner Evans? Yes. Chair Scott. Yes. So if that the recommended

1124
01:44:27,180 --> 01:44:31,220
amendment to the motion passes unanimously and now we'll bring it back to the

1125
01:44:31,220 --> 01:44:36,120
commission for any other discussion regarding this or if we are ready to move

1126
01:44:36,120 --> 01:44:39,000
forward with the vote as stands.

1127
01:44:42,880 --> 01:44:45,800
I just wanted to address Vice Chair Hunters

1128
01:44:45,800 --> 01:44:50,940
concerns that I think the applicant noted in their presentation that they're being flexible about their

1129
01:44:50,940 --> 01:44:54,280
colors of the buildings that they did seem to take note of that.

1130
01:44:54,540 --> 01:44:58,200
They've heard our concerns in other regards to the project and have been open and willing.

1131
01:45:00,000 --> 01:45:06,680
To modify things to make this more architecturally attractive, and I think it's a great project for the city. That's it.

1132
01:45:08,840 --> 01:45:21,060
Yeah, bullet number three, all verbal and graphic representations. So, all right. So, I'm definitely going to have something for us to discuss which may or may not be an additional amendment.

1133
01:45:22,460 --> 01:45:29,480
I'm similarly pleased with this plan and all of the,

1134
01:45:29,480 --> 01:45:32,180
everything that we've discussed here seems really great,

1135
01:45:32,380 --> 01:45:40,420
especially in my previous line of questioning with regards to low carbon zero carbon climate adaptation,

1136
01:45:42,780 --> 01:45:48,700
which the applicant has voluntarily planned to carry out.

1137
01:45:48,700 --> 01:46:14,180
And of course, I have no reason to believe that they're not going to do that, however, is that the kind of thing that is worth adding an amendment into this motion to ensure that is part of the plan, especially in light of the fact that this is a partnership with the city and I do think that we as a commission tend to share these goals and values.

1138
01:46:16,200 --> 01:46:26,580
It would be great for these sorts of things to be codified, but there is nothing that I can find in the LUDC related to any of those infrastructure pieces that have been included in this plan.

1139
01:46:27,280 --> 01:46:33,660
So that said, is that kind of thing that would make a good amendment for this?

1140
01:46:34,660 --> 01:46:39,160
Commissioner Vger, we want to make the comment, but I would also

1141
01:46:39,760 --> 01:46:44,880
Commissioner Sethonley, I think that is certainly an item that we should

1142
01:46:44,880 --> 01:46:47,160
any Commissioner members should feel.

1143
01:46:47,180 --> 01:46:50,920
They should bring forward for the types of things that I mentioned at the beginning

1144
01:46:50,920 --> 01:46:55,460
of this meeting where we think there may be an opportunity within the LUDC for the

1145
01:46:55,460 --> 01:46:59,840
city when they're partnering on projects to have some kind of requirement for that.

1146
01:46:59,840 --> 01:47:06,980
that is a excellent topic for discussion and feedback to city council who has been

1147
01:47:06,980 --> 01:47:10,660
direct staff in the event that they want to see those kinds of things incorporated into

1148
01:47:10,660 --> 01:47:16,060
LUDC but those kinds of ideas, this is a great place for those to start in my perspective.

1149
01:47:16,320 --> 01:47:20,900
So just that's my very quick personal comment, but Commissioner Frederickson also wanted to make

1150
01:47:20,900 --> 01:47:25,520
one so I want to acknowledge him. Sorry. Well, let me just add, I don't feel comfortable making

1151
01:47:25,520 --> 01:47:32,620
ad hoc rules on a project my project basis. So I would love to see the LUDC reflect

1152
01:47:33,280 --> 01:47:40,740
these kinds of goals. But I would also be really excited to ensure that this project is forward

1153
01:47:42,360 --> 01:47:48,560
as with those desires in mind. Well, if you're okay with it, I'll call on you when we get to number nine

1154
01:47:48,560 --> 01:47:55,620
to verbalize some aspirational goals for the UDC, because I don't disagree with you.

1155
01:47:55,800 --> 01:47:56,120
I understand.

1156
01:47:56,280 --> 01:47:57,670
Commissioner Friday was in please go home.

1157
01:47:58,400 --> 01:48:02,320
I just wanted to make it clear that the city's recently adopted building codes, the

1158
01:48:02,320 --> 01:48:09,340
2024 IECC codes and the 2024 IRC codes and the state's model energy code and the state's

1159
01:48:09,340 --> 01:48:10,780
PV ready code.

1160
01:48:10,980 --> 01:48:14,160
Directly address many of these concerns that you're talking about.

1161
01:48:14,240 --> 01:48:16,780
Commissioner Stuts and Lee and I don't.

1162
01:48:16,780 --> 01:48:24,200
I think that it's going to be hard enough to get these things built with those reasonably adopted codes and some sort of an affordable manner and

1163
01:48:24,200 --> 01:48:25,640
I think that those

1164
01:48:27,140 --> 01:48:28,500
codes are significant

1165
01:48:29,280 --> 01:48:49,510
Changes that address exactly what you're talking about in regards to reducing carbon footprint, though they require a ton more concrete and a ton

1166
01:48:53,220 --> 01:48:53,220
more

1167
01:48:53,220 --> 01:49:03,040
Commissioners, I believe we might be ready to vote on this amended motion. All right. Mr. Murray. Yes. Would you please call the roll. Commissioner Schwartz. Yes.

1168
01:49:03,040 --> 01:49:18,740
Commissioner Steadson Lee. Yes, Commissioner Frederickson. Yes, Vice Chair Hunter. Yes, Commissioner Epic. Yes, Commissioner Evans. Yes, and chair Scott. Yes. So with that project to five, eight, five,

1169
01:49:18,820 --> 01:49:24,080
light and complete commons, PD, asses unanimously. Thank you all very much for your time.

1170
01:49:26,100 --> 01:49:28,620
All right, we have we are

1171
01:49:28,620 --> 01:49:37,360
The reason for the agenda, but in the interest of not having to call a break later, I am going to suggest a five minute recess for anyone that might need to use the restroom or grab a drink.

1172
01:57:48,660 --> 01:57:54,260
We are back to touch late because there was a line for the restrooms that some folks had to wait a little bit.

1173
01:57:55,040 --> 01:57:58,140
So thank you all for your patience, but we took slightly over our five minutes.

1174
01:57:59,040 --> 01:58:01,140
It's just awkward to call a seven minute recess.

1175
01:58:01,140 --> 01:58:18,420
So, at this time, I will open public hearing on item 7.4, which is the conditional use permit 25-3 all port vacation rental conditional use permit Mr. Michael, believe you have a presentation for us. Welcome.

1176
01:58:19,800 --> 01:58:30,440
Yes. Thank you chair Scott. Thank you commissioners for being here this evening. I am here to present a conditional use permit application for the all port vacation rental.

1177
01:58:33,760 --> 01:58:39,940
The topic is in alignment with the community strategic plan goal of innovative housing and economic development.

1178
01:58:42,000 --> 01:58:49,240
Here's a context map of the subject property within the city and an aerial image of the.

1179
01:58:49,240 --> 01:58:50,340
Thank you.

1180
01:58:59,660 --> 01:59:02,360
Okay. Thank you for that course correction.

1181
01:59:06,820 --> 01:59:16,860
As I was saying, we've got a context map of the subject property within the city and aerial image of the subject property and the residences on that property.

1182
01:59:18,200 --> 01:59:20,920
And a bit of background on the property itself.

1183
01:59:21,220 --> 01:59:25,300
It is just over 14,000 square feet in area.

1184
01:59:25,620 --> 01:59:27,400
Zoning is EN2.

1185
01:59:28,100 --> 01:59:31,660
The current land use is Duplex, residential Duplex.

1186
01:59:33,340 --> 01:59:36,140
The residents that is under consideration

1187
01:59:36,140 --> 01:59:40,080
tonight for the proposed vacation rental is 325 West Park

1188
01:59:40,080 --> 01:59:42,880
Ave, there on the northeast side of the property.

1189
01:59:42,880 --> 01:59:51,500
and the other residents 331 West Park Ave on the south west side of the property is the applicant's primary residence.

1190
01:59:53,730 --> 01:59:58,290
Prior land use and building permit approvals for the dueplex use and its construction were approved.

1191
02:00:00,000 --> 02:00:05,900
2019, that is also when the applicant applied for the vacation rental permit waitlist.

1192
02:00:10,610 --> 02:00:17,750
So just a little bit of detail about the review process. Vacation rentals are typically reviewed under limited use permit by staff.

1193
02:00:17,750 --> 02:00:38,670
This is unique because of the presence of an existing vacation rental home at 371 West Park Ave and the LUDC Outlines additional review criteria that are applicable when a vacation rental use that is under consideration it would be the second vacation rental use on an individual street segment.

1194
02:00:39,890 --> 02:00:51,310
And we will get into, in addition to the, oh, excuse me, I was going to say we will get into the additional review criteria on separate slides.

1195
02:00:51,750 --> 02:00:59,890
But those include these three bullet points here stating that the vacation rental home must be the primary residence for the property owner.

1196
02:00:59,970 --> 02:01:08,650
The vacation rental use must be part time and annual audits shall be submitted to verify that operations do not exceed the established part time limit.

1197
02:01:10,130 --> 02:01:26,090
So just a some more background on relevant definitions to tonight's application, a street segment as defined in the code means a portion of the street which is located between two intersections or between an intersection and the end of a cold-to-sac or dead end.

1198
02:01:26,090 --> 02:01:33,170
And this is that street segment on West Park Ave between West Third Ave and Alamo Street.

1199
02:01:33,830 --> 02:01:38,530
Again, here's the subject property and the residents that is being where the vacation

1200
02:01:38,530 --> 02:01:44,270
rentals being proposed. Here is the property that has the existing vacation rental permit.

1201
02:01:49,250 --> 02:01:55,050
Duplex as defined in the LUDC means a building that contains two separate single-family dwelling units

1202
02:01:55,050 --> 02:02:00,070
that do not share living areas. Duplexes maybe configured as side-by-side units that share a party wall.

1203
02:02:00,070 --> 02:02:03,730
or as multi-story buildings in which one unit is located over the other.

1204
02:02:04,350 --> 02:02:15,750
However, there is an additional provision in Section 2233 table 2233A that goes on to say as an alternative

1205
02:02:15,750 --> 02:02:20,430
to attaching the duplex dwelling. As an alternative to attaching the duplex dwelling units,

1206
02:02:20,730 --> 02:02:25,130
duplexes may be constructed as two single family detached buildings on a single lot.

1207
02:02:25,130 --> 02:02:32,730
So that is the type of dueplex that the applicant was approved for and constructed back in 2019.

1208
02:02:34,270 --> 02:02:38,230
They are fairly common in residential zones throughout the city.

1209
02:02:40,770 --> 02:02:43,270
The additional term is part time vacation rental use.

1210
02:02:43,290 --> 02:02:45,150
This is not defined in the LUDC.

1211
02:02:45,190 --> 02:02:46,550
It's not codified.

1212
02:02:46,570 --> 02:02:51,170
I know you mentioned in study session that it would be helpful to codify that

1213
02:02:51,170 --> 02:02:53,430
for future considerations like this one.

1214
02:02:53,430 --> 02:03:02,610
Um, but going back and doing some research on previous CUPs that were issued for second vacation rentals on an individual individual street segment.

1215
02:03:02,950 --> 02:03:09,710
This part time vacation rental use was historically interpreted as not to exceed six months per calendar year.

1216
02:03:09,830 --> 02:03:12,830
That is the vacation rental use not to exceed six months.

1217
02:03:17,140 --> 02:03:20,920
So getting into the the LUP review criteria and analysis.

1218
02:03:21,660 --> 02:03:29,380
Firstly, regarding density, the LEDC does have specific caps for the number of vacation rental

1219
02:03:29,380 --> 02:03:32,600
permits that can be issued in both EN1 and EN2.

1220
02:03:33,100 --> 02:03:36,760
There are currently 14 active vacation rental permits in EN2.

1221
02:03:37,160 --> 02:03:43,380
So if this were approved, it would be the 15th, and it would be complying with the density

1222
02:03:43,380 --> 02:03:46,580
and the caps that are established in EN2.

1223
02:03:46,580 --> 02:03:52,260
Regarding occupancy, if approved, it would include a condition of approval that the

1224
02:03:52,260 --> 02:03:55,280
max occupancy of this vacation rental would be six persons.

1225
02:03:55,700 --> 02:04:01,060
This is a rived at through either of the two occupancy calculation criteria that the

1226
02:04:01,060 --> 02:04:08,280
LUDC establishes either three people per parking space and this is requiring two spaces

1227
02:04:08,280 --> 02:04:11,020
and providing two spaces that gets you to six people.

1228
02:04:12,020 --> 02:04:15,700
And the two people per bedroom plus two people calculation.

1229
02:04:15,700 --> 02:04:23,740
This is a two-bedroom home, plus the additional two, again, arrives at six people max occupancy for this proposed vacation rental use.

1230
02:04:24,540 --> 02:04:30,500
Parking, as I just touched on, the LEDC requires two off-street spaces for the vacation rental use.

1231
02:04:30,920 --> 02:04:37,000
And the applicant has met this requirement. There would be a condition of approval reflecting this.

1232
02:04:37,000 --> 02:04:51,340
And there will also be a condition of approval outlining the applicant's responsibility as the stated local contact and property manager to manage the compliance with parking on site.

1233
02:04:53,600 --> 02:05:06,580
Here's a photo of the driveway and the two residences here on the subject property just showing on the ground how parking would be achieved with one in the garage at 325.

1234
02:05:07,400 --> 02:05:14,980
vehicle space immediately behind that and then space for two vehicles here on the right to serve the applicant's primary residence.

1235
02:05:19,470 --> 02:05:26,350
As stated, the applicant has noted their intent to serve as the local contact and property manager for the proposed vacation rental use.

1236
02:05:26,750 --> 02:05:33,270
And again, there would be a condition of approval included on the permit if approved outlining their responsibilities to serve in that capacity.

1237
02:05:34,310 --> 02:05:41,050
There's also a provision stating that vacation rental permits are non-transferable, and this

1238
02:05:41,050 --> 02:05:45,810
would, like, all vacation rental permits, be included as the condition of approval, and

1239
02:05:45,810 --> 02:05:53,410
I did just want to note on that, that the language of the condition of approval has been

1240
02:05:53,410 --> 02:05:58,710
modified in recognition of the property being legally owned by the applicant's family trust.

1241
02:05:58,710 --> 02:06:26,090
So I just wanted to state for the record that the modified condition of approval regarding this and I believe it's condition number 13 on the staff report would be modified to this permit is granted solely to the applicant the all port for nonza family trust with Andrew all port acting as trustee and shall not be transferred to any other person or legal entity this vacation rental permit shell automatically terminate upon the sale of the property or transfer to another legal entity.

1242
02:06:28,140 --> 02:06:46,280
Regarding the auditing of this permit termination, staff does conduct quarterly permit audits to see if properties with vacation rental permits have changed hands change ownership and if so they terminate those permits.

1243
02:06:49,700 --> 02:07:01,680
Okay, getting into the specific CUP review criteria and analysis, the full LEDC language should be on the bottom of page two and top of page three under staff report if you'd like to refer to that.

1244
02:07:02,560 --> 02:07:13,740
But essentially the criteria are as follows that the second vacation rental home on the individual street segment must be the primary residence for the property owner.

1245
02:07:13,740 --> 02:07:27,180
I wanted to acknowledge here that a strict interpretation of this provision may lead one to question whether the applicant is meeting that requirement here.

1246
02:07:27,640 --> 02:07:36,200
Staff have accepted a more flexible interpretation of this particular provision in the code for three reasons.

1247
02:07:36,200 --> 02:07:42,480
One is that the code does not prohibit the R's from being permitted on dueplex lots.

1248
02:07:43,820 --> 02:07:51,980
Two is that the primary residence of applicant is still located on site, so they are still there on site.

1249
02:07:53,000 --> 02:08:00,320
And that the fact that they are still there on site could prove to be more beneficial when it comes to mitigating potential impacts of the vacation rental use.

1250
02:08:01,200 --> 02:08:06,980
more beneficial than the alternative which that strict interpretation of the code would lead you to,

1251
02:08:07,120 --> 02:08:12,900
which is the owner being absent during vacation rental uses. Staff feels that them being on site

1252
02:08:12,900 --> 02:08:18,900
in a residence that is immediately next door could have benefits to mitigating those impacts.

1253
02:08:20,900 --> 02:08:26,880
And three is that the applicant has volunteered a part-time usage rate that is less than other

1254
02:08:26,880 --> 02:08:30,080
that are permit under the under these CUP criteria.

1255
02:08:30,760 --> 02:08:33,980
They have proposed a vacation rental usage cap

1256
02:08:33,980 --> 02:08:39,420
of 100 days per year as opposed to six months or 180 days

1257
02:08:39,420 --> 02:08:42,280
that's present on other CUP's for vacation rental uses.

1258
02:08:42,600 --> 02:08:44,900
When it is the second home on a street segment.

1259
02:08:52,520 --> 02:08:55,820
Well, a comment, there have been six comments submitted

1260
02:08:55,820 --> 02:09:00,000
related to this project, five in opposition, one in support.

1261
02:09:00,760 --> 02:09:02,620
Some of those were included in the agenda packet,

1262
02:09:02,620 --> 02:09:06,720
others that were received, I believe, after the 19th of January have been printed out and

1263
02:09:06,720 --> 02:09:07,900
shared with you all hard copy

1264
02:09:13,210 --> 02:09:15,670
findings in next steps.

1265
02:09:16,010 --> 02:09:20,350
Staff find that the applicant's proposal does adequately meet both of the limited use and

1266
02:09:20,350 --> 02:09:24,530
conditionally-use review criteria for vacation rental homes in the EN2 zone.

1267
02:09:25,190 --> 02:09:30,010
If approved by you all this evening, the next steps would include an on-site inspection by the

1268
02:09:30,010 --> 02:09:33,910
community development department building official and or the code compliance officer.

1269
02:09:33,910 --> 02:09:45,930
And if that inspection is passed, then staff would issue the conditional use permit with the finalized conditions of approval as to be determined by you all this evening.

1270
02:09:51,240 --> 02:09:54,920
Here is the list of alternative actions and staff's recommendation.

1271
02:09:56,340 --> 02:09:58,820
And I would love to hear any questions you may have.

1272
02:09:59,000 --> 02:10:06,060
I believe the applicant is also prepared to give some brief remarks after your questions for me.

1273
02:10:06,940 --> 02:10:07,760
Thank you Mr. Michael.

1274
02:10:09,900 --> 02:10:14,840
Any questions, commissioner Schwartz, are you going to start again?

1275
02:10:15,400 --> 02:10:17,240
I have two things.

1276
02:10:17,800 --> 02:10:23,540
One, how do you guys confirm primary residency?

1277
02:10:24,960 --> 02:10:32,380
We use the county assessors data and the mailing address that is listed for the property owner and the county assessors.

1278
02:10:32,380 --> 02:10:35,320
Okay, so as long as they're mailing address matches,

1279
02:10:35,320 --> 02:10:38,260
their physical address, that counts as primary residence.

1280
02:10:38,720 --> 02:10:39,000
Yes.

1281
02:10:39,360 --> 02:10:39,580
Okay.

1282
02:10:40,680 --> 02:10:43,660
And then to kind of, this isn't really, I guess kind of a question,

1283
02:10:44,260 --> 02:10:48,760
but in relation to some of the public comment that we received,

1284
02:10:48,820 --> 02:10:55,860
I just wanted to confirm that whether the owner is physically

1285
02:10:55,860 --> 02:11:00,700
present or not, they are still required to be the responsible agent

1286
02:11:00,700 --> 02:11:06,900
that is must respond to all complaints within a reasonable amount of time.

1287
02:11:07,420 --> 02:11:17,300
That is correct, I think. Because it seemed like there were several, I guess maybe not issues,

1288
02:11:17,540 --> 02:11:25,020
but concerns that the homeowner travels quite often, which I mean, we all love to travel, so I'm all

1289
02:11:25,020 --> 02:11:30,080
about that. But I know that you also still have to be able to respond in time to your

1290
02:11:30,080 --> 02:11:35,460
any complaints. I just wanted to make sure that that was on record that the responsible agent,

1291
02:11:35,480 --> 02:11:38,560
whether they are physically present or not, does still have to respond.

1292
02:11:40,160 --> 02:11:46,660
Yes, that is correct. The code language reads that the property manager shall be available 24 hours per day

1293
02:11:46,660 --> 02:11:52,900
to ensure that the property is maintained and operated as required by the LUDC. And there is a proposed

1294
02:11:52,900 --> 02:11:57,740
condition of approval, outlining that as one of their responsibilities as the local contact

1295
02:11:57,740 --> 02:12:01,160
slash property manager for the proposed vacation rail use.

1296
02:12:01,960 --> 02:12:02,960
Okay. Thank you.

1297
02:12:06,080 --> 02:12:08,740
Missionary stats and leave. We'll just go down the line again. If that's all right.

1298
02:12:10,080 --> 02:12:15,900
I have, I think, basically a definitional question brought up in one of these public comments.

1299
02:12:17,200 --> 02:12:25,040
It's mentioned that you are not allowed to back out onto a public street from a commercial

1300
02:12:25,040 --> 02:12:31,300
property? I presume that vacation rental is not considered a commercial property.

1301
02:12:31,680 --> 02:12:37,820
I just had listed in the in the land use and development code. It is listed in the

1302
02:12:37,820 --> 02:12:44,440
residential and I think transient overnight accommodations category of land uses,

1303
02:12:45,200 --> 02:12:49,060
which is distinct from the commercial category of land uses.

1304
02:12:49,060 --> 02:12:49,400
Come on,

1305
02:12:58,000 --> 02:12:58,700
Mr. traffic.

1306
02:13:00,220 --> 02:13:11,220
A question, this goes back to the study session as well, but understanding the two parking spaces for each of the duplex, each side of the duplex.

1307
02:13:14,560 --> 02:13:25,500
Any concerns with that would be handled by enforcement outside of what the LUDC calls for, am I correct in that?

1308
02:13:27,000 --> 02:13:35,240
Sorry, could you say the fact there's a concern over the parking that goes on relevant to this particular proposal.

1309
02:13:35,880 --> 02:13:42,680
That's an enforcement issue outside of the regulation of the LUDC.

1310
02:13:43,720 --> 02:13:51,540
I believe in this case because parking is listed as a responsibility of the local contact to enforce.

1311
02:13:51,540 --> 02:14:01,100
It would first be managed by community development planning staff to address with the applicant directly.

1312
02:14:01,520 --> 02:14:12,600
If it were related to illegal parking in the right of way, then that would fall under the code enforcement purview of Officer Parkley, I believe, with PD.

1313
02:14:13,180 --> 02:14:20,560
But if it's related to parking on site, not being in conformance with what was approved as part of this conditional use permit,

1314
02:14:20,560 --> 02:14:25,400
than that would be managed by staff with the applicant.

1315
02:14:26,420 --> 02:14:27,200
Thank you.

1316
02:14:28,720 --> 02:14:32,040
Commissioner Evans, do you have any questions for staff tonight?

1317
02:14:33,880 --> 02:14:35,020
I do.

1318
02:14:35,740 --> 02:14:36,480
Please go ahead.

1319
02:14:37,880 --> 02:14:40,780
Mr. Michael, on the second unit,

1320
02:14:41,260 --> 02:14:45,580
I can't tell from the drawings that were provided.

1321
02:14:45,880 --> 02:14:49,400
I'm assuming this is too bedroom, too bathed.

1322
02:14:49,400 --> 02:14:58,280
I calculated from the county site it's about 1,300, 1,400 square feet, can you?

1323
02:15:00,430 --> 02:15:10,690
Confirm that? I believe that is all accurate. I would defer to the applicant for a more detailed knowledge of the details of the residents.

1324
02:15:11,430 --> 02:15:20,830
Okay. And then did they just come to the top of the wait list? Is that why this has come before us now?

1325
02:15:20,830 --> 02:15:25,550
I didn't hear all of that question, Commissioner Evans. Could you repeat it?

1326
02:15:27,050 --> 02:15:31,250
Commissioner Evans, unfortunately, you're quite quiet in chamber tonight. If you can

1327
02:15:31,250 --> 02:15:34,770
for lack of a better way to say it, just sort of yell into your microphone, it might be what you

1328
02:15:34,770 --> 02:15:36,210
have to do. And I'm sorry for that.

1329
02:15:38,390 --> 02:15:39,510
Okay, is that better?

1330
02:15:44,610 --> 02:15:49,250
Did they just now get to the top of the wait list? Is that why we're

1331
02:15:49,250 --> 02:15:56,970
hearing this now. We had to. Yes, that that is correct. That is the the lag time between

1332
02:15:56,970 --> 02:16:05,610
the them applying for the wait list in 2019 and this application coming to staff now. They

1333
02:16:05,610 --> 02:16:12,970
they patiently waited their turn. They have also provided some pretty valuable feedback to staff

1334
02:16:12,970 --> 02:16:20,250
about how the wait list could be managed differently, perhaps more effectively, and they've

1335
02:16:20,250 --> 02:16:25,930
been quite persistently respectful in their pursuit of this permit, and staff has been very

1336
02:16:25,930 --> 02:16:35,050
appreciative of that. How many people are still on the wait list? I would have to double check

1337
02:16:35,050 --> 02:16:43,850
it is longer for EN1. I would hazard a guess that it is around 20 weightless applicants for EN1

1338
02:16:44,770 --> 02:16:48,470
and around 15 for EN2.

1339
02:16:52,040 --> 02:16:55,120
Okay, thank you so much. You're welcome. Thank you.

1340
02:16:58,310 --> 02:16:59,010
Any other questions

1341
02:16:59,010 --> 02:17:09,530
for staff before we end? I'd like to talk about this in the study session and I'd like to confirm

1342
02:17:09,530 --> 02:17:18,190
especially with the way the last motion went is a safety concern is to put on the notice.

1343
02:17:18,190 --> 02:17:23,990
I think it's a condition number just second here. There's a condition in the staff report

1344
02:17:23,990 --> 02:17:32,830
about things to put on a notice that's posted inside the rental unit and I'd like to add to that

1345
02:17:32,830 --> 02:17:36,730
that the city of Durango prohibits any fireworks

1346
02:17:37,370 --> 02:17:39,610
except the handheld sparkler type.

1347
02:17:40,330 --> 02:17:45,210
And this is a wildfire concern because people from out of town

1348
02:17:45,210 --> 02:17:50,070
do not understand wildfire danger and may not be aware

1349
02:17:51,070 --> 02:17:56,610
of a particularly dry time when we're at high fire risk.

1350
02:17:59,620 --> 02:18:03,400
Is that permissible to add to that condition?

1351
02:18:03,400 --> 02:18:09,580
even though it's not currently verbatim language in the code. It is a safety concern.

1352
02:18:10,900 --> 02:18:18,600
I don't know that I can speak knowledgeable. If I can, come by share under. So I think so that's

1353
02:18:18,600 --> 02:18:25,720
in article 2 to 2. It's specifically 2 to 4 of the LUDC because I reviewed this before we

1354
02:18:25,720 --> 02:18:32,340
heard this tonight. And I think this is another item that these items are specifically codified in

1355
02:18:32,340 --> 02:18:38,300
UDC as far as what's required on the notice. So I think in the event that we want something added to those notices.

1356
02:18:38,560 --> 02:18:44,500
We need to bring that up under my newly proposed how we're going to use item eight or nine on the agenda.

1357
02:18:45,780 --> 02:18:46,280
Because otherwise,

1358
02:18:47,140 --> 02:18:48,680
Yeah, which is not appropriate.

1359
02:18:49,000 --> 02:18:51,120
Okay, even though a safety concern,

1360
02:18:51,400 --> 02:18:53,300
I mean, those are codified.

1361
02:18:53,480 --> 02:18:54,880
It's in the LUDC, right?

1362
02:18:55,120 --> 02:18:57,820
So we can't write code for specific project.

1363
02:18:57,820 --> 02:18:59,180
We're held by the code.

1364
02:18:59,180 --> 02:19:01,060
I thought I wanted the code to be changed.

1365
02:19:01,060 --> 02:19:05,000
We need to work with staff to get the UDC code.

1366
02:19:05,600 --> 02:19:08,800
Now, I am one commissioner, and I am happy to be out

1367
02:19:08,800 --> 02:19:10,200
voted by my fellow commissioners,

1368
02:19:10,320 --> 02:19:11,960
but that's just a perspective I would share.

1369
02:19:12,500 --> 02:19:15,160
Okay, because those are all very, I can tell you,

1370
02:19:15,640 --> 02:19:18,600
it's actually, it's item 12 required notices.

1371
02:19:19,620 --> 02:19:21,600
Yeah, and I noticed it was quite thorough,

1372
02:19:21,860 --> 02:19:25,520
but we have had a past incident last summer

1373
02:19:25,520 --> 02:19:28,220
in Fastfinder Park, which is in that neighborhood,

1374
02:19:28,220 --> 02:19:35,760
Where kids were setting off fireworks during a fire ban, and it was pretty dangerous because

1375
02:19:35,760 --> 02:19:37,160
the mature tree canopy.

1376
02:19:44,150 --> 02:19:44,350
Yeah.

1377
02:19:44,470 --> 02:19:45,610
Commissioner's anything else?

1378
02:19:45,790 --> 02:19:45,930
Okay.

1379
02:19:46,530 --> 02:19:49,990
At this time, I would invite the applicant to go ahead and come on.

1380
02:19:50,130 --> 02:19:50,790
Are they present?

1381
02:19:51,270 --> 02:19:51,530
Sorry.

1382
02:19:51,650 --> 02:19:52,210
Come on forward.

1383
02:19:52,370 --> 02:19:53,510
I know you're sure yourself.

1384
02:19:58,640 --> 02:19:59,120
Good evening.

1385
02:19:59,660 --> 02:20:00,820
My name is Andrew Alpore.

1386
02:20:01,480 --> 02:20:06,360
I've lived with my family at 331 West Park Avenue since 2015.

1387
02:20:07,080 --> 02:20:13,500
In 2018, my wife and I began planning a free standing garage next to our house with an attached

1388
02:20:13,500 --> 02:20:15,020
living space above it.

1389
02:20:15,480 --> 02:20:20,880
Our goals in this project were to give us winter storage for our car, on office space and

1390
02:20:20,880 --> 02:20:23,440
room for extended stays for our family to visit.

1391
02:20:23,860 --> 02:20:29,160
We designed the new building as a duplex, rather than as an ADU, since we were well within

1392
02:20:29,160 --> 02:20:31,220
the code's governing lock coverage.

1393
02:20:32,440 --> 02:20:37,480
because the Duke Black says it's own utility connections, it has a separate address despite

1394
02:20:37,480 --> 02:20:42,940
sitting on a shared lot with our house. When we completed the construction in 2019,

1395
02:20:43,420 --> 02:20:48,220
we applied for a short-term rental permit, and we were added to the city's wait list.

1396
02:20:49,440 --> 02:20:57,300
In the following six years, our guest house has had many nights of visitation by family and friends.

1397
02:20:58,060 --> 02:21:10,540
To many, I don't know, the longest days have been, for nearly a month, we've never heard a complaint from any neighbor about noise or parking availability from our neighbors in those six years.

1398
02:21:11,120 --> 02:21:14,400
Street parking on West Park F is typically plentiful.

1399
02:21:14,780 --> 02:21:19,120
As the majority of homes there are owned by seasonal or occasional residents.

1400
02:21:19,720 --> 02:21:24,880
I understand that this heightened process is the result of this being potentially the second

1401
02:21:24,880 --> 02:21:30,480
shorter mental on our street segment of West Park F. So I want to give you the context of the

1402
02:21:30,480 --> 02:21:35,620
other mental on the street, which has a similar history. It's owners built a garage with the

1403
02:21:35,620 --> 02:21:42,420
attached living space adjacent to their 19th century home. She did not have garage. Their short-term

1404
02:21:42,420 --> 02:21:49,620
mental is occupied around 50 days a year and they live full-time next door and service the property

1405
02:21:49,620 --> 02:21:54,860
and energy. So likewise we live directly next to the proposed rental and we'll be able to

1406
02:21:54,860 --> 02:22:00,260
monitor and respond to any issues immediately. I support the city's efforts to limit short-term

1407
02:22:00,260 --> 02:22:04,280
rentals because it concerns about housing supply and because of concerns about neighborhood

1408
02:22:04,280 --> 02:22:09,640
character, but I just wanted these facts to help give context to our application. Thank you.

1409
02:22:11,750 --> 02:22:15,530
Thank you. Commissioners, do you have any questions for our app?

1410
02:22:18,700 --> 02:22:19,140
Commissioner.

1411
02:22:19,140 --> 02:22:20,320
Commissioner Lee looks like.

1412
02:22:20,660 --> 02:22:27,620
I do have a quick question. Have you considered long-term rental for the duplex as opposed to a vacation rental?

1413
02:22:28,720 --> 02:22:32,380
Well, we would already be allowed to do long-term rentals.

1414
02:22:33,060 --> 02:22:37,780
However, that would preclude having in-laws and friends and family visit.

1415
02:22:37,960 --> 02:22:41,620
It's also not an option that my wife wants to pursue currently,

1416
02:22:43,890 --> 02:22:45,270
so that pretty much is enough.

1417
02:22:49,390 --> 02:22:51,790
Mr. Evans, it sounds like you have maybe had a question.

1418
02:22:52,030 --> 02:22:54,290
I'll go ahead and maybe the floor.

1419
02:22:54,930 --> 02:23:03,460
Yes, I just wondered if Mr. Allport would confirm it's a two-bedroom, two-bath home.

1420
02:23:03,460 --> 02:23:04,360
Is that correct?

1421
02:23:05,640 --> 02:23:10,580
That is correct. This is a two-bedroom, and I suppose it's a one and a half bath.

1422
02:23:16,960 --> 02:23:18,600
That's all I have. Thank you.

1423
02:23:21,150 --> 02:23:22,030
Thank you very much.

1424
02:23:26,980 --> 02:23:30,920
Before I open, probably comment. I don't believe any commissioners

1425
02:23:30,920 --> 02:23:32,400
Have any additional questions for staff?

1426
02:23:32,620 --> 02:23:33,060
Does that correct?

1427
02:23:34,020 --> 02:23:35,800
All right, so at this time, I will go ahead

1428
02:23:35,800 --> 02:23:42,120
and open public comment on CUP25-3.

1429
02:23:42,600 --> 02:23:44,300
Invite those joining online.

1430
02:23:44,480 --> 02:23:45,980
Please go ahead and raise your hand

1431
02:23:45,980 --> 02:23:48,620
and our moderator, Mr. Murray, will call on you

1432
02:23:48,620 --> 02:23:50,660
when it is time as a reminder,

1433
02:23:51,100 --> 02:23:53,340
the chat function is disabled for comments.

1434
02:23:54,240 --> 02:23:55,980
And we'll invite those joining online

1435
02:23:55,980 --> 02:23:58,220
to provide comments first.

1436
02:24:02,800 --> 02:24:05,320
You sure to raise your hand if you'd like to make public comment.

1437
02:24:12,530 --> 02:24:14,990
Don't see any hands raised at this time.

1438
02:24:15,890 --> 02:24:15,910
Okay.

1439
02:24:16,210 --> 02:24:21,410
Is there anyone in Chambers tonight who would like to make a comment on this matter?

1440
02:24:25,790 --> 02:24:28,690
All right. I see nobody. One last time for the online photos.

1441
02:24:34,440 --> 02:24:35,140
So no hands raised.

1442
02:24:35,460 --> 02:24:35,800
All right.

1443
02:24:36,120 --> 02:24:39,380
Well, with that, I will go ahead and close public comment and ring it back to the commission.

1444
02:24:40,740 --> 02:24:45,740
I think we are ready for either discussion or emotion

1445
02:24:46,900 --> 02:24:51,900
Amongst the commission because I don't think we've had any additional questions for staff at the applicant at this time is that correct?

1446
02:24:55,490 --> 02:25:05,050
Mr. Chair, I'd like to move to approve the proposed conditional use permit for the all port vacation rental based on the findings stated in the staff report.

1447
02:25:05,750 --> 02:25:15,390
And the following conditions, which I won't read because they're quite detailed and there are 17 of them as presented in the staff report.

1448
02:25:17,630 --> 02:25:19,190
Is there a second for that?

1449
02:25:19,390 --> 02:25:19,770
All second.

1450
02:25:21,050 --> 02:25:25,910
And I have a friendly clarification, which is not an amendment to your motion, but I do want

1451
02:25:25,910 --> 02:25:31,190
to call out that Mr. Michael pointed out that item number 13 doesn't need to change to reflect

1452
02:25:31,190 --> 02:25:36,690
the property ownership, which for the record at this moment, I'm sorry I'm bringing it back

1453
02:25:36,690 --> 02:25:36,930
up.

1454
02:25:37,010 --> 02:25:41,890
I apologize is for the all-port for non-za family trust.

1455
02:25:42,490 --> 02:25:42,950
Is that correct?

1456
02:25:43,910 --> 02:25:44,070
Okay.

1457
02:25:44,850 --> 02:25:49,310
Looking at the property cards and pretty sure I got it right, but I'm sorry if I missed pronounce anything.

1458
02:25:49,670 --> 02:25:52,420
All right. I apologize. I just want to apply clarification on that.

1459
02:25:53,750 --> 02:25:58,290
I'm assuming you would accept that as a friendly. Yes, I do accept that.

1460
02:26:01,380 --> 02:26:05,600
Do we have any discussion on the motion or should we go ahead and vote?

1461
02:26:05,800 --> 02:26:10,490
I have a little discussion that I figured kick it around with everybody here.

1462
02:26:13,300 --> 02:26:14,450
My primary concern

1463
02:26:15,590 --> 02:26:30,130
In terms of following all the rules and the codes that we have is the exception being made for the actual property being the primary residence.

1464
02:26:31,110 --> 02:26:43,450
And I know we can't really look at the rules and compute too much motivation, but my hunch is that that idea was that somebody could live in their own house part time and then rented out part time.

1465
02:26:43,450 --> 02:26:53,670
And so this being a duplex, with a flexible interpretation of the rules, my main concern

1466
02:26:53,670 --> 02:26:58,890
with that is that going to open up a precedent, are we going to set a precedent for similar

1467
02:26:58,890 --> 02:27:00,510
situations going forward?

1468
02:27:01,670 --> 02:27:09,850
I think in this particular case, it seems reasonable and I buy staff's interpretation of

1469
02:27:09,850 --> 02:27:10,790
the rules,

1470
02:27:13,450 --> 02:27:18,330
but does it set us up? Does it put us on as a free slip? Question to the commission.

1471
02:27:19,750 --> 02:27:29,010
I'll weigh in on that. I agree with staff's assessment that this is actually better than the rules.

1472
02:27:29,330 --> 02:27:35,910
Normally, when a person rents out their house, they are by definition, far away and probably

1473
02:27:35,910 --> 02:27:40,990
to far away to hear if they're any, you know, or to see if anyone's parking on the street.

1474
02:27:41,950 --> 02:27:52,210
And so I accept staffs, how can we say recommendation that this is actually better than the normal

1475
02:27:52,210 --> 02:28:00,350
rules? And also, in this case, being, you know, 100 days out of the year instead of, you know, 180.

1476
02:28:00,350 --> 02:28:01,550
Yeah,

1477
02:28:05,350 --> 02:28:10,110
I think that's, that's a fair consideration. I think my concern has more to do with the

1478
02:28:11,370 --> 02:28:13,250
availability of housing.

1479
02:28:15,410 --> 02:28:21,970
If every dueplex that is available theoretically for additional housing

1480
02:28:21,970 --> 02:28:30,370
is interpreted under the same rules, as opposed to a live-in place that's housing for somebody

1481
02:28:30,370 --> 02:28:37,510
part time and then they travel part time. As opposed to having an empty, although this is

1482
02:28:37,510 --> 02:28:44,770
not going to be an empty duplex most of the time. That's the precedent I worry about is if that

1483
02:28:44,770 --> 02:28:57,510
rule, if by approving this, we set a precedent for baking duplexes being considered part time

1484
02:28:58,410 --> 02:29:05,870
vacation rentals going forward. That's the specific point that I'm thinking about.

1485
02:29:08,480 --> 02:29:14,600
I understand where you're coming from, but I also think the fact that it takes six

1486
02:29:14,600 --> 02:29:21,220
plus years to even make your way through the wait list. I mean if someone is really dedicated to

1487
02:29:21,220 --> 02:29:26,560
having a short-term end on their willing to own their home for six plus years and still wait in

1488
02:29:26,560 --> 02:29:32,980
in weight to be able and then agreed to only rent it for a hundred days out of 365 days a year.

1489
02:29:33,300 --> 02:29:37,700
I think that that is I see where you're coming from and I do obviously believe that workforce

1490
02:29:37,700 --> 02:29:44,540
housing in long-term rentals are a very needed part of this community, but I also understand that

1491
02:29:44,540 --> 02:29:53,100
often short-term rentals can also be needed and if it's not going to be used as a long-term rental,

1492
02:29:53,100 --> 02:29:56,800
it's almost better that it is not just sitting completely vacant.

1493
02:29:57,700 --> 02:29:58,280
I mean we're still...

1494
02:30:00,000 --> 02:30:12,000
Getting tax revenue from these as lodging stays, as opposed to just family rentals where you're not receiving any income or tax basis incentives from that.

1495
02:30:12,600 --> 02:30:26,680
So I think that although it is maybe not fully incentivizing using duplexes as short-term rentals, I think that this is kind of a different case in that, but it is something to consider.

1496
02:30:28,960 --> 02:30:46,400
I'd like to add to your thoughts, Commissioner Schwartz, about they do have a limit for the number of vacation rentals you can have in district and two, which is this is it, this is in, and I believe I'm trying to remember was it 15,

1497
02:30:48,740 --> 02:30:58,820
So I hear the concern and share it about having enough workforce housing, but I think that's why the code already has that limit in there.

1498
02:31:00,590 --> 02:31:06,810
And if I may just add something to commissioner stats and leaves concern regarding precedent setting.

1499
02:31:07,510 --> 02:31:12,910
EN zones 3, 4, 5 and 6 do not allow vacation rentals period.

1500
02:31:14,750 --> 02:31:21,810
So even under that hypothetical scenario, it would only be duplex lots that are in

1501
02:31:21,810 --> 02:31:27,330
EN 1 and 2 that have gone through the weight list and have applied for an available permit

1502
02:31:27,330 --> 02:31:29,630
after waiting through their turn on the weight list.

1503
02:31:30,430 --> 02:31:34,610
There is in a case where it could apply to all duplexes in the city.

1504
02:31:39,920 --> 02:31:48,000
Commissioner Evans, I believe you may have been speaking at one point I want to give you an opportunity to have any additional comments before we call the question on this item.

1505
02:31:48,400 --> 02:31:51,260
Yes, I just wanted to point out.

1506
02:31:54,590 --> 02:32:02,970
We did have, you know, five neighbors or people in the neighborhoods that were against that and I understand that.

1507
02:32:02,970 --> 02:32:12,450
The compound specifically talks about neighbors changing concerns about affecting their neighborhoods.

1508
02:32:14,610 --> 02:32:25,230
And even in the transient residential land use code, it talks about preventing impacts on residential neighborhoods posed by vacation rentals.

1509
02:32:26,250 --> 02:32:29,470
And they will not alter the neighborhood in which they are located.

1510
02:32:30,990 --> 02:32:37,450
And why I brought that up is I'm concerned about clustering vacation rentals on the same

1511
02:32:37,450 --> 02:32:38,590
blockface,

1512
02:32:40,640 --> 02:32:46,880
especially when you can rent one of these to six people in the unit.

1513
02:32:48,720 --> 02:32:54,800
Because if you were renting that, or if you were living that in a normal two-bed one-and-a-half

1514
02:32:54,800 --> 02:33:05,920
situation. You would not have six people staying in a home of that size. So I just wanted

1515
02:33:05,920 --> 02:33:13,460
to bring that up. I really object to the six occupancy of six.

1516
02:33:16,670 --> 02:33:18,130
So those were the points

1517
02:33:18,130 --> 02:33:19,370
I was going to make.

1518
02:33:23,290 --> 02:33:24,410
That's all thanks.

1519
02:33:26,330 --> 02:33:33,500
Anything further commissioners to add commission. Just one. Nothing wasn't incorporated in anything that we've heard

1520
02:33:33,850 --> 02:33:34,470
and

1521
02:33:34,470 --> 02:33:37,010
concerning traffic reports

1522
02:33:37,010 --> 02:33:38,570
on Park Avenue

1523
02:33:39,360 --> 02:33:44,080
and that was related to some of the concerns by neighbors was in terms of

1524
02:33:44,390 --> 02:33:46,750
traffic flow and

1525
02:33:46,750 --> 02:33:48,490
the inclusion of

1526
02:33:49,170 --> 02:33:49,790
the

1527
02:33:49,790 --> 02:33:52,910
Artificial vericades that went up that restricted

1528
02:33:53,530 --> 02:33:54,730
additional parking

1529
02:33:54,730 --> 02:34:02,970
on park. And I would just suggest that perhaps in the future when we're involved in these

1530
02:34:02,970 --> 02:34:09,230
that traffic studies in terms of current traffic loads on those residential streets might

1531
02:34:09,230 --> 02:34:13,330
be in order as just part of the discussion

1532
02:34:16,760 --> 02:34:18,420
on my comment.

1533
02:34:18,760 --> 02:34:20,700
One last comment. And then let's move along.

1534
02:34:21,140 --> 02:34:27,720
Okay. I read each of these letters carefully. And I believe the main concerns

1535
02:34:27,720 --> 02:34:35,100
expressed in them are addressed by the conditions of approval, and so I'd just like to

1536
02:34:35,100 --> 02:34:41,900
make that comment. The biggest concern was parking, and obviously that just means, you know,

1537
02:34:42,020 --> 02:34:49,360
particular attention when the vacation rental is occupied that to make sure everybody understands

1538
02:34:49,360 --> 02:34:53,100
don't park on the street. There's ample parking on the property.

1539
02:34:56,510 --> 02:34:57,950
All right folks, Mr. Murray,

1540
02:34:57,950 --> 02:34:59,690
Would you please call the roll?

1541
02:35:03,410 --> 02:35:04,430
Yes. Commissioner

1542
02:35:05,390 --> 02:35:07,110
Schwartz. Yes. Commissioner

1543
02:35:07,110 --> 02:35:09,250
Stets and Lee. Yes. Commissioner

1544
02:35:09,250 --> 02:35:10,910
Frederick's in. Yes.

1545
02:35:11,170 --> 02:35:12,970
Vice chair hunter. Yes. Commissioner

1546
02:35:12,970 --> 02:35:14,590
Epic. Yes. Commissioner Evans.

1547
02:35:15,790 --> 02:35:19,730
No. And chair Scott. Yes.

1548
02:35:20,650 --> 02:35:24,530
So if that, um, this CUP 25-3,

1549
02:35:24,530 --> 02:35:26,250
all port vacation rental passes,

1550
02:35:27,110 --> 02:35:28,990
but they vote of six to one.

1551
02:35:33,350 --> 02:35:34,490
Mr. Allport, thanks for your patience,

1552
02:35:34,490 --> 02:35:37,910
of all we waited through that larger project earlier.

1553
02:35:37,950 --> 02:35:40,190
Sorry, you ended up spending so much here tonight with us,

1554
02:35:40,370 --> 02:35:41,290
but thank you for your time.

1555
02:35:48,470 --> 02:35:51,230
At this time, I will open public hearing on item 7.5,

1556
02:35:51,410 --> 02:35:54,990
consideration of LUDC, text code amendments related

1557
02:35:54,990 --> 02:35:58,730
to the Colorado wildfire resiliency code.

1558
02:35:59,250 --> 02:36:00,790
And at this time, all the commission would

1559
02:36:00,790 --> 02:36:03,270
invite Ms. Bernstein with the Community Development

1560
02:36:03,270 --> 02:36:03,990
Department to present.

1561
02:36:09,130 --> 02:36:11,310
Thanks for having me back up.

1562
02:36:37,320 --> 02:36:40,000
All righty, this evening, we are tasked

1563
02:36:40,000 --> 02:36:45,540
with considering proposed amendments to the Land Use and Development Code, based on the

1564
02:36:45,540 --> 02:36:49,860
recently adopted Colorado wildfire resiliency code.

1565
02:36:56,380 --> 02:37:02,680
This item fits into organizational stewardship within the strategic plan by mitigating

1566
02:37:02,680 --> 02:37:05,420
environmental stressors by meeting or exceeding state standards.

1567
02:37:05,420 --> 02:37:05,600
And

1568
02:37:08,420 --> 02:37:17,660
the step this evening for you all is to conduct a public hearing and I guess I'm not

1569
02:37:17,660 --> 02:37:18,100
in question.

1570
02:37:19,920 --> 02:37:24,120
Conduct a public hearing and consider making a recommendation on the proposed amendments

1571
02:37:24,640 --> 02:37:26,180
to city council.

1572
02:37:33,780 --> 02:37:38,640
Pending a positive recommendation for me, all this would go on to city council and be read

1573
02:37:38,640 --> 02:37:43,430
through the ordinance process, so it would be over the course of three meetings with the

1574
02:37:43,430 --> 02:37:47,470
of having an effective date on April 1st.

1575
02:37:53,410 --> 02:37:55,170
All right, a little bit of background on this item.

1576
02:37:55,890 --> 02:38:01,210
The state of Colorado passed Senate Bill 23-166,

1577
02:38:01,210 --> 02:38:03,470
which created the wildfire resiliency board

1578
02:38:03,470 --> 02:38:06,850
and tasked this board with creating a model model

1579
02:38:06,850 --> 02:38:08,370
wildfire resiliency code.

1580
02:38:09,190 --> 02:38:12,390
At that time, they were also going to require municipalities

1581
02:38:12,390 --> 02:38:15,630
to adopt that model code once it was created

1582
02:38:15,630 --> 02:38:19,080
within three months of the board adopting it.

1583
02:38:20,310 --> 02:38:25,130
In June 2025, the board did adopt the 2025 Colorado

1584
02:38:25,130 --> 02:38:29,690
wildfire resiliency code, and they also changed the timeline

1585
02:38:29,690 --> 02:38:33,350
and for municipalities to adopt from three months, the nine months.

1586
02:38:35,690 --> 02:38:40,730
So the findings that came along with that from the state,

1587
02:38:41,310 --> 02:38:44,930
really the reasoning behind this was that the state found that wildfires

1588
02:38:44,930 --> 02:38:47,730
in Colorado are increasing in frequency and intensity.

1589
02:38:49,030 --> 02:38:55,150
So this combined approach that's proposed in this model code of structure hardening and

1590
02:38:55,150 --> 02:39:00,430
defensible space is necessary to reduce risk associated with wildfires.

1591
02:39:01,230 --> 02:39:09,310
So these methods are intended to reduce structure loss, reduce the loss of financial investment,

1592
02:39:09,310 --> 02:39:14,950
required to rebuild and the cost of insurance and problems related with under insurance.

1593
02:39:16,410 --> 02:39:22,310
With the over arching goal of protecting housing stock, it's more expensive to rebuild than to

1594
02:39:22,310 --> 02:39:23,250
protect what's existing.

1595
02:39:27,190 --> 02:39:32,970
So the city of Durango adopted the 2025 wildfire resilience

1596
02:39:32,970 --> 02:39:41,890
C code back in November with an effective date of January 1226 and an implementation and

1597
02:39:41,890 --> 02:39:45,350
enforcement date beginning April 1st of this year.

1598
02:39:45,790 --> 02:39:50,890
So this is explains the timeline that we're on with getting our land use and development code

1599
02:39:50,890 --> 02:39:55,250
in line with the adopted ordinance that's already in place.

1600
02:39:56,750 --> 02:40:02,850
So the building division within Comdev will be focused on the structure hardening aspects of

1601
02:40:02,850 --> 02:40:09,990
required of this code. And these LUDC amendments are primarily focused on site and area requirements.

1602
02:40:11,030 --> 02:40:15,530
And I do also want to recognize that planning staff has been working with the Headwater's

1603
02:40:15,530 --> 02:40:23,230
Economics C-POP program, which is, I can never remember this acronym, the Colorado sorry,

1604
02:40:23,330 --> 02:40:25,990
community planning assistance for wildfire program through Headwaters.

1605
02:40:27,300 --> 02:40:31,200
for community planning assistance for wildfire.

1606
02:40:37,420 --> 02:40:43,860
All right, so with this model code, the state adopted the wildfire intensity map,

1607
02:40:44,240 --> 02:40:46,580
which includes classifications.

1608
02:40:47,020 --> 02:40:51,080
So here, this is not the entirety of Incorporated City of Durango,

1609
02:40:51,980 --> 02:40:57,500
but shows a snippet of where we have class one overlay

1610
02:40:57,500 --> 02:41:00,880
and class two overlay, class two being split up between high intensity

1611
02:41:00,880 --> 02:41:01,840
and moderate intensity.

1612
02:41:05,000 --> 02:41:10,500
The model code identifies which standards are required in each class.

1613
02:41:11,080 --> 02:41:15,940
All of the standards for class one are included in class two and then class two has additional

1614
02:41:15,940 --> 02:41:16,560
standards.

1615
02:41:23,010 --> 02:41:27,770
Regarding the defensible space and site-in-area requirements of this code,

1616
02:41:27,890 --> 02:41:35,950
this image is just meant to show the structure ignition zones, zone one being between zero and five feet,

1617
02:41:35,950 --> 02:41:41,830
zone two, five and 30 feet, and then zone three being beyond that, and just point of clarification.

1618
02:41:42,770 --> 02:41:49,930
This shows what would apparently be a very large lot. These inter, these zones stop at

1619
02:41:49,930 --> 02:41:53,610
property lines. So obviously, what a property owner would be responsible for.

1620
02:41:58,570 --> 02:42:04,070
All right. So the proposed amendments in front of you all this evening are intended to update and

1621
02:42:04,070 --> 02:42:12,950
insert references to the Colorado 2025 WRC as adopted by the City of Durango. We removed

1622
02:42:12,950 --> 02:42:19,110
any code language that contradicts this current code and amended some language to less

1623
02:42:19,110 --> 02:42:26,050
in confusion about the requirements, but really you'll read in the red lines, the amendments

1624
02:42:26,050 --> 02:42:31,730
are really just pointing to the WRC as amended or as adopted by the City of Durango.

1625
02:42:32,690 --> 02:42:38,250
Amendments are located in chapter 3, chapter 4, and chapter 7 of the Landison Development Code.

1626
02:42:44,550 --> 02:42:48,520
The code outlines criteria for review of text amendments of itself.

1627
02:42:49,290 --> 02:42:53,930
Staff finds that all of these require a criteria have been met.

1628
02:42:55,410 --> 02:42:59,490
The explanation of these findings are outlined in the staff report.

1629
02:43:00,150 --> 02:43:01,710
I'm happy to elaborate.

1630
02:43:07,410 --> 02:43:09,630
And with that.

1631
02:43:09,630 --> 02:43:22,670
Yes. We have not received any public comments on this item and staff does find that it does meet the required review criteria sports the strategic plan and complies with state mandates.

1632
02:43:23,510 --> 02:43:35,550
So we do recommend that the CDC make recommended approval or recommendation of approval of these amendments this evening so that city council can move forward with their timeline.

1633
02:43:39,070 --> 02:43:40,870
And with that, I'd be happy to take any questions.

1634
02:43:40,870 --> 02:43:42,810
Thank you.

1635
02:43:42,990 --> 02:43:46,850
We're going to reverse things. Commissioner Evans, you get to go first.

1636
02:43:51,960 --> 02:43:53,900
I don't have any questions of staff.

1637
02:43:54,360 --> 02:43:54,800
Thank you.

1638
02:43:55,520 --> 02:43:57,240
Okay. Commissioner Abbott.

1639
02:43:57,740 --> 02:43:58,300
Vice Chair Hunter.

1640
02:43:59,360 --> 02:44:00,700
Yes, I have one question.

1641
02:44:02,020 --> 02:44:04,600
It came up on a project earlier this evening.

1642
02:44:04,860 --> 02:44:05,820
Lightenary Creek Commons.

1643
02:44:06,480 --> 02:44:10,020
And I'm not finding it in the proposed tax amendments.

1644
02:44:10,640 --> 02:44:15,000
There's a potential conflict between the shade trees required for parking.

1645
02:44:15,000 --> 02:44:22,360
and the distance from the buildings and being as this kind of dense multi-family development

1646
02:44:22,360 --> 02:44:28,840
is going to become even more common in Durango because of land prices. I'd like to recommend

1647
02:44:28,840 --> 02:44:36,300
that if you know where it is and I'm just not seeing it fast enough but if not if you could double

1648
02:44:36,300 --> 02:44:41,380
that that um potential conflict is resolved.

1649
02:44:47,490 --> 02:44:48,770
Mr. Fredrickson.

1650
02:44:49,050 --> 02:44:49,230
Nothing.

1651
02:44:49,970 --> 02:44:51,890
Stats in the league. Commissioner Stats in the league.

1652
02:44:55,610 --> 02:44:56,290
Commissioner Schwartz.

1653
02:44:57,510 --> 02:44:58,290
I also have not.

1654
02:45:00,000 --> 02:45:18,440
So thank you. So with that, I will open public hearing on this item in the event. I don't see anyone in chambers, so I will open it up to those online that might be joining us. Please go ahead and raise your hand and our moderator, Mr. Murray. We'll promote you to a panelist if you'd like to make any comment on this project.

1655
02:45:21,980 --> 02:45:23,900
Go ahead and raise your hand if you'd like to speak.

1656
02:45:26,290 --> 02:45:27,470
Don't see any hands raised.

1657
02:45:28,490 --> 02:45:40,470
Okay. Well, then I am going to close public comment on this item. And I will bring it back to the commission if there if you guys are ready for a motion or any further discussion, I would welcome it.

1658
02:45:50,850 --> 02:45:51,730
Sure. Go ahead.

1659
02:45:52,010 --> 02:46:03,050
I'd like to go ahead and propose a motion. I would recommend approval of proposed amendments to a land use and development code with the findings at the amendments conform with the applicable LUDC review criteria.

1660
02:46:03,890 --> 02:46:04,930
I'll see you at the time.

1661
02:46:05,390 --> 02:46:05,510
Great.

1662
02:46:06,790 --> 02:46:08,370
Any discussion before we call the question?

1663
02:46:10,110 --> 02:46:12,110
All right. Mr. Murray, if you wouldn't mind.

1664
02:46:16,140 --> 02:46:16,780
Commissioner Schwarz.

1665
02:46:18,280 --> 02:46:18,660
Yes.

1666
02:46:18,780 --> 02:46:19,960
Commissioner Steadson Lee.

1667
02:46:20,300 --> 02:46:20,500
Yes.

1668
02:46:20,640 --> 02:46:21,580
Commissioner Frederickson.

1669
02:46:21,720 --> 02:46:21,980
Yes.

1670
02:46:22,200 --> 02:46:22,900
Vice Chair Hunter.

1671
02:46:23,280 --> 02:46:23,640
Yes.

1672
02:46:23,640 --> 02:46:24,360
Commissioner Epic.

1673
02:46:24,720 --> 02:46:24,800
Yes.

1674
02:46:25,200 --> 02:46:25,900
Commissioner Evans.

1675
02:46:27,200 --> 02:46:27,580
Yes.

1676
02:46:28,360 --> 02:46:28,980
And Chair Scott.

1677
02:46:29,580 --> 02:46:29,800
Yes.

1678
02:46:29,800 --> 02:46:38,240
So with that, PR26-1 is recommended for approval unanimously.

1679
02:46:38,400 --> 02:46:39,320
I don't know how that worked.

1680
02:46:39,660 --> 02:46:39,920
City Council.

1681
02:46:40,040 --> 02:46:40,360
Sorry.

1682
02:46:40,940 --> 02:46:41,640
Thank you, Ms. Bernstein.

1683
02:46:41,720 --> 02:46:42,800
Thank you all.

1684
02:46:43,100 --> 02:46:43,420
All right.

1685
02:46:43,620 --> 02:46:47,660
At this time, I will open by hearing on Project 7.6,

1686
02:46:47,900 --> 02:46:50,700
which is consideration of LUDC text code amendments

1687
02:46:50,700 --> 02:46:52,700
relating to fair share housing.

1688
02:46:53,340 --> 02:46:54,400
At this time, the Commission will invite

1689
02:46:54,400 --> 02:46:55,860
I believe Mr. Divine, you're going to present.

1690
02:46:57,280 --> 02:47:00,200
housing policy and planning senior administrator to present.

1691
02:47:00,760 --> 02:47:01,500
Welcome back.

1692
02:47:25,170 --> 02:47:26,530
All right, good evening commissioners.

1693
02:47:27,990 --> 02:47:31,830
Once again for the record, I'm Brian divine, I'm the city's housing policy and planning administrator.

1694
02:47:32,630 --> 02:47:39,010
And we're going to be asking for your consideration of land use and development code text amendments regarding fair share housing.

1695
02:47:43,310 --> 02:47:43,750
Here we go.

1696
02:47:48,390 --> 02:47:53,150
These proposed text amendments align with our strategic plan goal for innovative housing and economic development.

1697
02:47:53,150 --> 02:47:58,190
And we believe our key part of serving the city's vision of a multi-generational community,

1698
02:47:58,590 --> 02:48:01,610
which is authentic diverse engaged driving and environmentally responsible.

1699
02:48:04,530 --> 02:48:09,050
I'm going to start with a brief overview of the fair share program for the record.

1700
02:48:09,790 --> 02:48:13,090
This also is found on page 112 of your packets.

1701
02:48:14,270 --> 02:48:20,670
So fair share is an inclusionary zoning program that has existed in the city in one form or another since 2009.

1702
02:48:20,670 --> 02:48:46,450
The program design from about 2009 to 2024 required most home ownership projects, development projects in the city to either include a percentage of their units as attainable housing or to pay what's called a fee in lieu into the city's housing innovation fund.

1703
02:48:47,650 --> 02:48:58,790
For most of that time, the program design included a balance between generating units and generating revenue for the city's housing fund for other types of projects.

1704
02:48:59,430 --> 02:49:05,410
And produced the records that I have, sure that it produced nine units in the time from 2009 to 2024.

1705
02:49:06,850 --> 02:49:12,610
In 2024, this commission recommended and city council adopted major changes to the fair share housing program design,

1706
02:49:12,610 --> 02:49:23,650
including to apply the program to rental developments for the first time as well as to explicitly promote what is called on-site construction of fair share homes.

1707
02:49:23,970 --> 02:49:31,030
IE mixed-income developments where the affordable or attainable homes are included on-site.

1708
02:49:31,970 --> 02:49:37,310
That program design also included creation of a new procedures manual which was completed in 2025.

1709
02:49:38,090 --> 02:49:42,730
And staff have been reviewing the first development proposals over the past year or so

1710
02:49:42,730 --> 02:49:47,490
to in compliance with the requirements of that 2024 version of the program.

1711
02:49:48,590 --> 02:49:55,710
As we discussed, it's not unusual for when you make a major change to a major policy like fair share

1712
02:49:55,710 --> 02:50:01,310
and then apply it to some real world situations that you find you have some things that need to be clarified.

1713
02:50:02,250 --> 02:50:09,190
We have done as much as we can with the procedures manual to clarify and streamline things through procedure.

1714
02:50:09,890 --> 02:50:14,570
We do believe that certain text amendments are necessary, which are before you for consideration tonight.

1715
02:50:16,250 --> 02:50:28,630
And I bring this slide up in part to just re-emphasize that our proposed text amendments include no changes to the program design, the purpose statement, or the policy intent found in the existing article 5.4 of the LUDC.

1716
02:50:30,330 --> 02:50:40,630
Just to talk briefly about what that program design is, I hesitated to put this slide in the presentation because of the potential to latch on to little details.

1717
02:50:40,850 --> 02:50:47,090
It's a really interesting presentation from the Colorado Housing and Finance Authority that talks about the housing continuum.

1718
02:50:47,330 --> 02:50:58,390
I think this is kind of an intuitive concept that we all sort of understand on a basic level, which is that depending on your income level relative to the median income where you live.

1719
02:50:58,390 --> 02:51:03,910
there are different types of housing products that are appropriate or targeted for your income level

1720
02:51:03,910 --> 02:51:09,090
as well as that might require a different types of government support in some cases.

1721
02:51:10,010 --> 02:51:15,350
The statistics that are on this slide, as well as the bars that you see at the top of the slide,

1722
02:51:15,910 --> 02:51:19,910
are based on statewide data and come from the Colorado Housing and Finance Authority.

1723
02:51:20,190 --> 02:51:26,290
Obviously there are some local nuances in every place, no less in rural, resort communities like

1724
02:51:26,290 --> 02:51:31,950
to Rango, but in general we think this is a pretty good description of the types of housing

1725
02:51:31,950 --> 02:51:36,530
that governments can try through policy to adopt to have a functional housing market that

1726
02:51:36,530 --> 02:51:42,170
serves the local workforce. Mr. Divine, one of the commissioners has a quick clarifying question

1727
02:51:42,170 --> 02:51:47,930
I believe really quickly sorry to answer that. It has to do with using state methodology in terms

1728
02:51:47,930 --> 02:51:54,630
of A and Y, which we know is sometimes not real relevant to what goes on in South West Colorado.

1729
02:51:54,630 --> 02:52:04,410
So, is there any desire from staff or the city of Durango to look at those nuances and perhaps

1730
02:52:04,410 --> 02:52:10,670
incorporate them in consideration in terms of actual AMI's relevant to the market here?

1731
02:52:11,250 --> 02:52:14,050
In terms of a fair share text amendment or more generally?

1732
02:52:15,210 --> 02:52:18,550
Yes, that is not before you today.

1733
02:52:18,790 --> 02:52:22,770
In part because we don't think we have enough data to answer that question in a defensible

1734
02:52:22,770 --> 02:52:23,830
way in a public setting.

1735
02:52:23,830 --> 02:52:46,330
But we are continuing to collect additional data and working with our partners to insure that not only do we honor the original program design from 2024 that we also match the demonstrated needs in our housing market as opposed to the terminology that was adopted in 2024 or these definitions that come from the state.

1736
02:52:47,130 --> 02:52:49,910
So that is not before you tonight, but it is an ongoing process.

1737
02:52:53,990 --> 02:52:56,530
Mr. Divine thanks for indulging us. Please continue.

1738
02:52:56,530 --> 02:53:02,410
I'm sorry about that. No, not a problem. I'm not bothered by it at all. Sometimes it's easier to clarify as we go.

1739
02:53:03,890 --> 02:53:08,810
The fair share housing program design is designed to deliver units as part of either mixed income

1740
02:53:08,810 --> 02:53:10,390
developments or

1741
02:53:10,390 --> 02:53:13,950
sometimes exempt developments at a couple of different

1742
02:53:13,950 --> 02:53:15,870
price points. So

1743
02:53:15,870 --> 02:53:19,580
these are called affordability standards for the first four

1744
02:53:20,370 --> 02:53:26,070
rental units at an average of 60% AMI or 80% AMI and

1745
02:53:26,070 --> 02:53:29,970
at home ownership at either 80% or 100% AMI.

1746
02:53:30,190 --> 02:53:31,230
And I should note those are averages.

1747
02:53:31,590 --> 02:53:33,570
So we do see, we can see a fair share proposal

1748
02:53:33,570 --> 02:53:36,470
that says, look, I want to do one unit at 90%

1749
02:53:36,470 --> 02:53:39,750
and one at 110, and that is averaging

1750
02:53:39,750 --> 02:53:41,190
to the affordability standard.

1751
02:53:41,870 --> 02:53:44,950
As you're all well aware, there's also an exemption currently

1752
02:53:44,950 --> 02:53:48,250
from the 2024 code language that projects

1753
02:53:48,250 --> 02:53:50,370
where all of the homes are sold.

1754
02:53:50,850 --> 02:53:53,510
With some criteria, some additional criteria sold,

1755
02:53:53,510 --> 02:53:57,990
at a below 150% are exempt from further fair share requirements.

1756
02:53:58,250 --> 02:54:00,610
And so that's why we've shown that on this graph as well.

1757
02:54:00,950 --> 02:54:03,450
And that will become relevant for one of the proposed text amendments.

1758
02:54:06,760 --> 02:54:09,160
So the changes are laid out in your packet.

1759
02:54:09,280 --> 02:54:17,720
Again, beginning on page 113 for the staff report and page 117 for the actual proposed text.

1760
02:54:17,860 --> 02:54:21,660
I'll just go through the key changes and then we'll quickly summarize the remaining changes.

1761
02:54:21,660 --> 02:54:31,820
So amendment item number one in the attachment or in the exhibit is to explicitly apply fair share requirements to what are called mixed tenure developments.

1762
02:54:32,520 --> 02:54:46,300
So the current requirement is that there is an exemption for projects that are, it's labeled as rental developments with eight or fewer units are exempt home ownership developments with eight or fewer units are exempt.

1763
02:54:46,300 --> 02:54:51,940
There has been ambiguity about what happens if you have fewer than eight of each but more than eight overall.

1764
02:54:53,160 --> 02:54:59,220
The proposed change number one resolves that ambiguity and favor of explicitly playing fair share to those developments.

1765
02:55:01,060 --> 02:55:07,920
The second is to restate that 150% AMI exemption that we looked at in the previous slide.

1766
02:55:07,980 --> 02:55:14,280
As this commission is well aware, this has promoted some confusion and makes it difficult to process

1767
02:55:14,280 --> 02:55:19,480
land use development applications, permit applications that are proposing to be

1768
02:55:19,480 --> 02:55:20,460
exempt under this standard.

1769
02:55:21,520 --> 02:55:25,480
We wrestled with a couple of different ways to resolve that and make that more clear.

1770
02:55:26,140 --> 02:55:34,000
What we believe is easiest by far is to just take that exemption language and restate it as a new affordability standard,

1771
02:55:34,180 --> 02:55:36,500
which we're calling intermediate ownership affordability.

1772
02:55:36,500 --> 02:55:49,360
So that requires amendments number one and number six to change that from an exemption to an affordability standard that functions the exact same way, but it's easier to process.

1773
02:55:49,920 --> 02:56:01,580
Amendment item seven is used to ensure that those intermediate ownership proposals do not become eligible for density bonuses and fee offsets the way that our.

1774
02:56:01,580 --> 02:56:05,580
moderate and deep affordability units are.

1775
02:56:05,720 --> 02:56:10,360
So the intent here has been to resemble the existing exemption as closely as possible,

1776
02:56:11,220 --> 02:56:14,580
while just making it easier to process those development applications.

1777
02:56:15,940 --> 02:56:19,980
The third key change reflects the change in the program design from 2024.

1778
02:56:21,100 --> 02:56:27,440
So again, one of the goals in 2024 was to through a variety of methods explicitly promote

1779
02:56:27,440 --> 02:56:31,140
on-site construction of those mixed-income developments.

1780
02:56:32,100 --> 02:56:33,240
And one of the ways that that was done

1781
02:56:33,240 --> 02:56:35,940
is changing the calculation method for fees in loot.

1782
02:56:36,760 --> 02:56:39,220
Fees in loot were previously calculated

1783
02:56:39,220 --> 02:56:43,260
by measuring or estimating the gap between

1784
02:56:43,260 --> 02:56:47,580
an affordable housing price and a market housing price

1785
02:56:47,580 --> 02:56:51,680
and essentially requiring a calculation method

1786
02:56:51,680 --> 02:56:52,560
based on that difference.

1787
02:56:53,700 --> 02:56:55,600
In 2024, that method was changed

1788
02:56:55,600 --> 02:57:02,740
to a total development cost method, which is considerably higher than the higher fee than the

1789
02:57:02,740 --> 02:57:08,540
affordability gap method. When that change was made to, again, as a method to promote those

1790
02:57:08,540 --> 02:57:16,340
on-site construction and discourage uses a fees-in-loop, the increment method, the method to revisit

1791
02:57:16,340 --> 02:57:21,880
that calculation annually was not changed. We believe it is more appropriate to change that annually

1792
02:57:22,640 --> 02:57:28,140
by changes in construction cost, rather than changes in median income, since it's no longer

1793
02:57:28,140 --> 02:57:30,640
an income-based calculation, so a cost-based calculation.

1794
02:57:31,540 --> 02:57:35,440
The proposed amendment item three achieves that, while maintaining flexibility for us to

1795
02:57:35,440 --> 02:57:37,400
respond to other kinds of changes in the housing market.

1796
02:57:39,770 --> 02:57:45,170
The remaining changes I would characterize as more administrative items two and five resolved

1797
02:57:45,170 --> 02:57:50,070
certain discrepancies between different sections, as well as just some unclear language

1798
02:57:50,070 --> 02:57:52,290
that remains from the 2024 amendments.

1799
02:57:53,610 --> 02:57:55,370
Item four is intended to streamline

1800
02:57:55,370 --> 02:57:58,150
standard fair share agreement approval processes.

1801
02:57:58,850 --> 02:58:00,350
So again, as one of the ways to encourage

1802
02:58:00,350 --> 02:58:03,430
on-site construction of fair share homes,

1803
02:58:04,190 --> 02:58:07,630
the current program design allows for a standard

1804
02:58:07,630 --> 02:58:09,830
fair share agreement involving on-site construction

1805
02:58:09,830 --> 02:58:12,730
to be approved by staff, whereas fees in lieu

1806
02:58:12,730 --> 02:58:14,930
and other compliance methods that are allowed

1807
02:58:14,930 --> 02:58:16,510
must be approved by city council.

1808
02:58:17,330 --> 02:58:19,370
What we see, the effect of that is

1809
02:58:19,370 --> 02:58:28,050
a clustering of development proposals to, essentially, imagine a proposal where you get two and a

1810
02:58:28,050 --> 02:58:33,530
half, you owe two and a half fair share units. Well, you can either provide three, we can't really

1811
02:58:33,530 --> 02:58:38,430
take half of a fair share unit. So, you can either provide three, and you have implications to your

1812
02:58:38,430 --> 02:58:43,430
financial performance there, or you can reduce the total unit count so you only have to provide two units.

1813
02:58:44,910 --> 02:58:50,690
We're proposing, we would like to avoid that kind of clustering effect, and artificially

1814
02:58:50,690 --> 02:58:52,970
capping the number of units that are included in these proposals.

1815
02:58:53,630 --> 02:58:58,450
So we're proposing that fractional remainder fees in lieu, not be calculated differently,

1816
02:58:58,530 --> 02:59:03,990
but just be considered part of that standard agreement process, and that may get us an extra

1817
02:59:03,990 --> 02:59:06,470
unit here or there really at no cost of the city.

1818
02:59:07,690 --> 02:59:12,750
Finally, amendment item 8 adds and updates, relevant definitions, some of which are needed

1819
02:59:12,750 --> 02:59:18,490
for that intermediate ownership standard and others that I think simply were overlooked in 2024.

1820
02:59:22,560 --> 02:59:25,480
You just saw this on your previous agenda item, but I will run through them.

1821
02:59:25,660 --> 02:59:30,360
The review criteria for text amendments are that the proposal supports adopted planes

1822
02:59:30,360 --> 02:59:35,000
and policies, this we believe is a very consistent with that since we're making an existing

1823
02:59:35,000 --> 02:59:40,760
program simpler and more efficient, as well as just supporting the goals of the strategic

1824
02:59:40,760 --> 02:59:42,100
plan and the comprehensive plan.

1825
02:59:43,020 --> 02:59:50,220
I should say the analysis of these review criteria found on pages 115 and 116 of your packet.

1826
02:59:51,080 --> 02:59:58,280
Criteria number two, proposed amendment is consisted with the purpose of the article being amended and there is no change to the purpose state.

1827
03:00:00,000 --> 03:00:07,060
Or the policy and tent statement in Article 5.4. Third, the proposed amendment for the health safety and welfare of the community.

1828
03:00:07,620 --> 03:00:17,500
Our analysis reflects back on the essential nature of the fair share housing as one of our strategies to meet the needs identified in the housing needs assessment.

1829
03:00:18,060 --> 03:00:29,880
And as Commissioner Epics stated, there will need to be some further analysis of how the fair share program performs against data that we're getting in on how our housing market differs.

1830
03:00:29,880 --> 03:00:31,940
from the statewide housing market.

1831
03:00:33,320 --> 03:00:36,420
And then forth, the proposed amendment provides for community benefits.

1832
03:00:37,440 --> 03:00:40,620
We do imagine that this will provide a signal to developers,

1833
03:00:41,580 --> 03:00:44,060
how to get proposals like this in the door,

1834
03:00:44,760 --> 03:00:46,460
and hopefully evaluated a little more quickly.

1835
03:00:47,200 --> 03:00:50,680
And again, we find that the city continues to have documented

1836
03:00:50,680 --> 03:00:54,100
need at all the price points supported by the Fisher Housing Program.

1837
03:00:55,500 --> 03:00:58,600
So in short, we find that the proposal meets the all the applicable criteria.

1838
03:01:00,700 --> 03:01:05,300
If you give us a positive recommendation, this would be adopted by City Council by

1839
03:01:05,300 --> 03:01:09,940
ordinance. With this slide says effective date, this is the earliest possible effective

1840
03:01:11,160 --> 03:01:16,180
date, just depending on how all those meetings go, as early as March 20th.

1841
03:01:18,730 --> 03:01:19,630
I should say

1842
03:01:19,630 --> 03:01:24,030
it's in your packet and looks like it's not in my slideshow. We received no public comments on

1843
03:01:24,030 --> 03:01:33,230
proposal at the time of this hearing. And our recommended motion is in front of you and on page 116,

1844
03:01:34,050 --> 03:01:38,650
we ask that you remove to recommend approval of the proposed text amendments,

1845
03:01:39,230 --> 03:01:43,910
portions of articles 5473 of the LUDC related to Fisher Housing, with the finding that the

1846
03:01:43,910 --> 03:01:49,170
proposal complies with the LUDC criteria for text amendments. And that is the end of my presentation,

1847
03:01:49,310 --> 03:01:54,010
but I'm happy to take questions. Thanks Mr. Divine, just quick comment. I want to

1848
03:01:54,010 --> 03:01:58,150
express my appreciation and gratitude towards you for your quick work on this as we

1849
03:01:58,150 --> 03:02:01,790
identified some issues that came up and so I just want to say thank you for the record

1850
03:02:01,790 --> 03:02:07,270
before we get to questions. With that, I will seed the Florida Mintholic Commissioners for questions

1851
03:02:07,270 --> 03:02:11,430
of course first. Vice Chair Hunter, you get to start. Just do things totally out of order.

1852
03:02:12,510 --> 03:02:19,250
Okay. I'll keep it quick. First of all, I'd like to thank you on PDF the packet page 1119

1853
03:02:20,590 --> 03:02:27,070
for improving the affordability, the ongoing affordability to 30 years, and then on page 120,

1854
03:02:27,830 --> 03:02:33,450
and I raised this at the study session, and I looked through the administrative procedure manual.

1855
03:02:34,130 --> 03:02:42,230
And I didn't grant it, I had to do a really quick view, because I had a project online today, but I could not find in there.

1856
03:02:42,230 --> 03:02:56,450
On page 120, it says referred to the procedural manual for the length of time that an intermediate ownership home needs to be having ongoing affordability.

1857
03:02:56,550 --> 03:03:03,110
And I've looked through that admin procedural manual, can you tell us where that's found in what the length of time is?

1858
03:03:03,290 --> 03:03:09,330
There's a very good reason. It's not in the procedure's manual because it has not been rewritten to account for these text amendments.

1859
03:03:09,330 --> 03:03:12,170
That happens after the text amendments would be adopted.

1860
03:03:12,970 --> 03:03:16,410
I can tell you it will be our intention to match the language that is in the Procedures

1861
03:03:16,410 --> 03:03:25,070
Manual for that 150% AMI exemption, which is found at Section 8.9 of the current administrative

1862
03:03:25,070 --> 03:03:30,490
Procedures Manual, which is absent compelling evidence, city will generally require agreements

1863
03:03:30,490 --> 03:03:34,470
or covenants establishing exemption to be valid for no less than 7 years.

1864
03:03:34,930 --> 03:03:38,690
So that section will need to be rewritten because it will no longer be an exemption, but

1865
03:03:38,690 --> 03:03:43,850
our intention to do that. I did see that seven years one. Yeah, but I didn't see the words

1866
03:03:43,850 --> 03:03:48,810
intermediate ownership. That is to it. And that's why not yet found in the procedure's manual.

1867
03:03:49,090 --> 03:03:53,690
It, as I stated in one of my earlier slides, our intention to revise the procedure's manual

1868
03:03:53,690 --> 03:04:00,630
annually, probably in the spring and response to the updated area income data and construction

1869
03:04:00,630 --> 03:04:05,690
cost data that we get around that time. So we will need to rewrite the procedure's manual to account

1870
03:04:05,690 --> 03:04:08,830
for these text amendments, but we'd likely be doing it in that time for him anyway.

1871
03:04:09,530 --> 03:04:17,850
Okay, thank you. My last comments are just some little clarifications, suggestions on the

1872
03:04:17,850 --> 03:04:27,350
packet page 118 item B near the top of that page. It says calculate the fee shall be derived,

1873
03:04:27,790 --> 03:04:35,030
and I would recommend leaving the word by in there by the is crossed out, but the sense doesn't

1874
03:04:35,030 --> 03:04:38,650
make sense unless you have the word buy in there, b-y.

1875
03:04:39,090 --> 03:04:40,970
And then the bottom of this page,

1876
03:04:41,690 --> 03:04:46,130
let's get the right section for you.

1877
03:04:46,130 --> 03:04:49,270
Let's see, lower than rather than beyond.

1878
03:04:50,050 --> 03:04:54,410
Okay, so amendment item five, section five, four, four, two.

1879
03:04:55,050 --> 03:04:55,490
What is it?

1880
03:04:55,750 --> 03:04:59,110
The fourth line, one, two, three, fourth line down.

1881
03:05:00,170 --> 03:05:02,430
Let's see, it says,

1882
03:05:02,430 --> 03:05:13,630
Um, reduce prices of fair share homes to or beyond the maximum amounts allowed by this article and um, they're crossing out to a lower price.

1883
03:05:14,790 --> 03:05:23,450
To me as a layperson reading the manual, it would be clear to me if instead of saying the word beyond say lower than.

1884
03:05:24,190 --> 03:05:30,130
Because, you know, we are talking about price and and so lower than is a little bit clearer.

1885
03:05:30,710 --> 03:05:31,830
That's all my comments.

1886
03:05:34,290 --> 03:05:38,770
Certainly from staff's perspective, we would welcome those amendments by motion.

1887
03:05:40,390 --> 03:05:43,830
The first one that you mentioned at the top of 118 is obviously just an oversight.

1888
03:05:44,530 --> 03:05:50,610
And then on the bottom of 118, yeah, I think we tried four or five different words out where we ended up with beyond.

1889
03:05:51,250 --> 03:05:53,690
So we'd be happy to change that if the commission would like.

1890
03:05:53,690 --> 03:05:57,070
But I do think that would need to be made by motion and not as a comment.

1891
03:05:58,050 --> 03:06:03,990
You would need the motion to include the recommendation for those changes.

1892
03:06:04,090 --> 03:06:05,810
We'll need to, we'll need to make.

1893
03:06:07,270 --> 03:06:10,690
So if you, Commissioner, if you look at.

1894
03:06:12,870 --> 03:06:13,810
I apologize.

1895
03:06:14,450 --> 03:06:16,810
I have to scroll back through my packet here.

1896
03:06:18,290 --> 03:06:23,110
So a near alternative actions in the packet, which staff kindly provided on page 1116.

1897
03:06:23,110 --> 03:06:26,430
we can amend the proposed LUDC tax amendments and recommend approval.

1898
03:06:27,710 --> 03:06:32,950
So we can make that as either part of the original motion to recommend approval or as an amendment to the original motion.

1899
03:06:33,310 --> 03:06:39,150
Yeah, I think practically speaking it's the same effect whether you recommend approval and add almost like a condition of approval.

1900
03:06:39,250 --> 03:06:46,370
It would be with the following change to the text or to, as you stated, amend and then recommend approval of what's been amended.

1901
03:06:46,370 --> 03:06:49,530
Practically speaking, I think those are the same for you there.

1902
03:06:49,570 --> 03:06:50,050
I don't think so.

1903
03:06:50,170 --> 03:06:50,490
No, okay.

1904
03:06:51,230 --> 03:06:52,630
All right.

1905
03:06:52,870 --> 03:06:55,090
Commissioner projects and Commissioner sets them like.

1906
03:07:00,090 --> 03:07:00,770
Commissioner Swords.

1907
03:07:02,110 --> 03:07:02,430
Okay.

1908
03:07:05,440 --> 03:07:05,900
Commissioner epic.

1909
03:07:12,620 --> 03:07:13,020
Okay.

1910
03:07:13,880 --> 03:07:14,300
Commissioner Evans.

1911
03:07:15,220 --> 03:07:15,860
From the sky.

1912
03:07:18,510 --> 03:07:18,790
Nothing.

1913
03:07:19,070 --> 03:07:19,990
Thank you.

1914
03:07:21,960 --> 03:07:22,240
Okay.

1915
03:07:22,680 --> 03:07:24,320
I also have nothing further for staff.

1916
03:07:24,700 --> 03:07:27,260
So at this time, we'll go ahead and open up public comment on this project.

1917
03:07:28,200 --> 03:07:29,380
I'm sorry, can you repeat that?

1918
03:07:29,380 --> 03:07:31,500
We'll go ahead and open up public comments on this project.

1919
03:07:31,820 --> 03:07:31,900
Thanks.

1920
03:07:35,570 --> 03:07:35,890
All right.

1921
03:07:36,090 --> 03:07:42,070
For those joining online, our moderator, who is Mr. Murray, will call on you if you're interested in speaking about this.

1922
03:07:42,230 --> 03:07:44,090
You can raise your hand on teams.

1923
03:07:45,070 --> 03:07:50,110
And if there's anyone present in chambers tonight who would like to comment on this project, we didn't actually come on forward.

1924
03:07:53,350 --> 03:07:54,630
There are currently no hands raised.

1925
03:07:55,230 --> 03:07:55,430
Okay.

1926
03:07:56,650 --> 03:08:01,950
On that note, I will close public comments, seeing no takers either online or in person.

1927
03:08:02,550 --> 03:08:10,410
And I will bring it back to the commission and it sounds like we have some potential small language changes to propose.

1928
03:08:14,160 --> 03:08:19,540
Are you prepared to make a motion and then verbalize those changes at the same time? Okay. All right. If not, we'll do it in the minute.

1929
03:08:20,620 --> 03:08:21,840
The chair. I'll try this.

1930
03:08:21,840 --> 03:08:23,100
I

1931
03:08:25,150 --> 03:08:32,430
would like to recommend approval of the proposed text amendments to portions of article

1932
03:08:32,430 --> 03:08:39,670
5-4 and 7-3 of the land use and development code with the following text amendments

1933
03:08:41,030 --> 03:08:50,050
on page 1, pdf page 1, t1, 18, item b near the top, leave the word by in the text after

1934
03:08:50,050 --> 03:08:53,970
calculate the fee, at the bottom of the same page,

1935
03:08:54,770 --> 03:08:58,050
suggesting lower than rather than the word beyond.

1936
03:08:58,650 --> 03:09:00,930
Since it will be clear, because it's a price,

1937
03:09:01,870 --> 03:09:05,450
and then related to fair share housing with the finding

1938
03:09:05,450 --> 03:09:08,870
that the proposal complies with the LUDC criteria

1939
03:09:08,870 --> 03:09:10,150
for text amendments.

1940
03:09:11,990 --> 03:09:13,110
Wonderful, don't do we have a second.

1941
03:09:18,200 --> 03:09:18,820
All second.

1942
03:09:20,500 --> 03:09:22,760
Is there any discussion of the motion that the commission

1943
03:09:22,760 --> 03:09:25,840
which is to, I see Commissioner Stathen Lee might have some.

1944
03:09:27,020 --> 03:09:33,420
Well, I actually prefer the word beyond myself.

1945
03:09:34,880 --> 03:09:42,340
So as I've read through it, so just at the risk of being a patent

1946
03:09:43,700 --> 03:09:46,460
as I read it over and over again,

1947
03:09:48,710 --> 03:09:48,710
anyway.

1948
03:09:49,650 --> 03:09:49,870
So I,

1949
03:09:58,170 --> 03:09:59,150
Commissioner Stathen Lee,

1950
03:09:59,150 --> 03:10:01,130
Maybe as the rest of the sentence reads,

1951
03:10:01,330 --> 03:10:03,310
that's where the beyond makes more sense to you?

1952
03:10:07,380 --> 03:10:12,060
Well, if we're lowering to the maximum amounts,

1953
03:10:15,540 --> 03:10:18,280
that doesn't make semantic sense to me,

1954
03:10:18,280 --> 03:10:24,530
I think we're going beyond the maximum in reduction.

1955
03:10:25,790 --> 03:10:27,790
So there's a maximum of reduction,

1956
03:10:28,850 --> 03:10:33,430
and we're going beyond that, as opposed to lowering

1957
03:10:33,430 --> 03:10:33,950
lowering

1958
03:10:40,900 --> 03:10:45,500
seed my time to read it a few more times.

1959
03:10:46,320 --> 03:10:47,740
Mr. Chairman, if I may.

1960
03:10:47,960 --> 03:10:48,440
Go ahead.

1961
03:10:49,040 --> 03:10:52,920
From a practical level, most of this will be reflected in guidance in the Administrative

1962
03:10:52,920 --> 03:10:53,860
Procedures Manual.

1963
03:10:55,580 --> 03:11:03,240
So I would perhaps advise the Commission not to dwell on the on-diverses lower than too much.

1964
03:11:03,500 --> 03:11:06,960
So I think practically speaking developers generally look to our Procedures Manual for,

1965
03:11:07,140 --> 03:11:08,160
how do I submit that proposal?

1966
03:11:08,160 --> 03:11:15,500
how do I account for this? So I do think regardless of the chosen language, we'll be able to account for it pretty easily and procedure.

1967
03:11:19,490 --> 03:11:21,130
Any further discussion of the motion?

1968
03:11:23,100 --> 03:11:24,040
I'm sure I pick.

1969
03:11:27,130 --> 03:11:28,770
I'm just kidding. I changed my mind.

1970
03:11:29,050 --> 03:11:29,390
I just.

1971
03:11:31,930 --> 03:11:32,290
Well,

1972
03:11:33,170 --> 03:11:33,610
No.

1973
03:11:36,520 --> 03:11:39,000
So she, she made the amendment on the front end.

1974
03:11:39,100 --> 03:11:42,920
So they're, it's, it's amended. She made amendment on the front end.

1975
03:11:43,780 --> 03:11:44,180
Yes.

1976
03:11:47,120 --> 03:11:48,320
You had a comment by shareholder.

1977
03:11:48,320 --> 03:11:54,920
Well, I just, in rereading it, you know, we are crossing out to a lower price, which was really clear.

1978
03:11:55,580 --> 03:12:01,220
And that's why it just beyond could mean above and beyond.

1979
03:12:06,780 --> 03:12:11,240
I think it's a great semantic debate, but it seems like it's maybe not super important.

1980
03:12:14,520 --> 03:12:18,060
I believe it's the little of the commission to call the question, Mr. Murray.

1981
03:12:18,420 --> 03:12:19,920
Let's go ahead and do that.

1982
03:12:21,480 --> 03:12:28,080
Commissioner Schwartz. Yes. Commissioner Stetson Lee. Yes. Commissioner Frederick's in. Yes.

1983
03:12:28,280 --> 03:12:33,360
Vice Chair Hunter. Yes. Commissioner Epic. Yes. Commissioner Evans. Yes.

1984
03:12:33,880 --> 03:12:39,220
Chair Scott. Yes. With that, let's see that is I apologize on the project in front of.

1985
03:12:39,240 --> 03:12:44,560
But the these tax amendments to the fair share path unanimously. Thank you all.

1986
03:12:44,560 --> 03:12:48,040
We are 2588. Thank you, Mr. Devon. I appreciate you, really.

1987
03:12:50,710 --> 03:12:50,910
Okay.

1988
03:12:52,610 --> 03:13:08,050
Now I will move us into item eight. As a reminder, these items are general opportunity for staff to provide updates to the commission of a various administrative items or to provide to seek feedback about ongoing arching projects.

1989
03:13:08,050 --> 03:13:14,710
We have one review and comment, we have review and comment tonight for the upcoming three

1990
03:13:14,710 --> 03:13:21,330
springs on Mentory School and I believe Mr. Murray, you are presenting on staff's

1991
03:13:21,330 --> 03:13:27,850
behalf and a reminder to the commission review and comment is an opportunity to provide

1992
03:13:28,490 --> 03:13:34,570
some feedback, but it is not an approval of the project as school districts do not require

1993
03:13:34,570 --> 03:13:42,790
are approval. They go through the state process. Yes, chair is a point of order. The comment

1994
03:13:42,790 --> 03:13:50,630
I made earlier concerning this particular agenda item. For me, it's important that that

1995
03:13:50,630 --> 03:13:59,330
come before the presentation in terms of this commission agreeing that the interior of the

1996
03:13:59,330 --> 03:14:05,890
is not necessary for presentation based on the discussion that I had at the study session.

1997
03:14:07,290 --> 03:14:13,650
Yeah, and I totally appreciate that. I do want to point out that it's been distributed in the

1998
03:14:13,650 --> 03:14:20,470
packet and has been shown by the school district that public meetings outside of this discussion.

1999
03:14:21,170 --> 03:14:23,930
So these are not new to the public view.

2000
03:14:26,090 --> 03:14:28,590
I hear you and I guess I would look to the rest of the

2001
03:14:28,590 --> 03:14:35,770
commissioners on their perspective. I don't disagree with the point you raise. They're just not sure it. I think that

2002
03:14:35,770 --> 03:14:38,250
Cheney has left that bottle quite some time ago.

2003
03:14:39,970 --> 03:14:44,650
Or Mr. Murray, if you have the ability to change your presentation to skip over those more quickly.

2004
03:14:44,970 --> 03:14:47,250
Well, what I can add is it's the applicant's presentation.

2005
03:14:48,870 --> 03:14:55,870
We can defer to their background on what is appropriate in the record and I can speak to that in a second.

2006
03:14:55,870 --> 03:14:57,990
Good evening commissioners Daniel Murray

2007
03:15:00,000 --> 03:15:07,660
I'm presenting this item for introducing the applicant from Reynolds Ash, Lauren Davis. The question

2008
03:15:07,660 --> 03:15:15,100
I learned to think about as we kick this off, is is it acceptable to be releasing floor plans into the

2009
03:15:15,100 --> 03:15:20,760
public domain, concerns around that information and how it could be used in the negative manner?

2010
03:15:22,040 --> 03:15:28,420
I'll say that the proposal before you this evening is the Deringol School District's plan to build

2011
03:15:28,420 --> 03:15:33,240
new elementary school at three springs. It's a parcel that was created when three springs

2012
03:15:33,240 --> 03:15:37,960
was ultimately annexed and the development agreement set aside up to a 40 acre parcel.

2013
03:15:38,200 --> 03:15:44,180
It's actually 37.5 acres. This subdivision for a lot split. You actually saw a back

2014
03:15:44,180 --> 03:15:50,920
in September to create parcel A. This subdivision is currently underway. You approve the subdivision.

2015
03:15:51,120 --> 03:15:55,660
It's very close to being recorded and then the land transfer takes place. The applicant can

2016
03:15:55,660 --> 03:16:01,560
speak to the timing. Staff was on site, even as recent as today, meeting with neighbors about

2017
03:16:01,560 --> 03:16:05,280
what's coming as the pin flags are starting to show up and it's becoming quite real.

2018
03:16:06,160 --> 03:16:11,740
So, pursuant to statute, the requirement is for schools to notify a planning commission as

2019
03:16:11,740 --> 03:16:17,840
a says or community development commission you are of the proposal to develop and such that you

2020
03:16:17,840 --> 03:16:24,220
review and comment. That is the extent of it. It was indicated earlier. This is largely a

2021
03:16:24,220 --> 03:16:30,240
to provide feedback to the development and design team about the proposal, I've put in the

2022
03:16:30,240 --> 03:16:34,600
bottom of your memo some suggestions that you may provide back to the applicant with respect

2023
03:16:34,600 --> 03:16:39,900
to dark skies, landscaping, being compliant with non-functional turf, as well as adding

2024
03:16:39,900 --> 03:16:45,840
tree islands to a large parking lot and considerations for while playing the applicant is prepared

2025
03:16:45,840 --> 03:16:50,000
to now speak to their design process. I'll turn it over.

2026
03:16:56,510 --> 03:16:59,150
I'm Lauren Davis with Reynolds Ashen Associates

2027
03:16:59,150 --> 03:17:00,830
an architect and planner there.

2028
03:17:01,290 --> 03:17:04,010
We are just the local associate architect.

2029
03:17:04,590 --> 03:17:08,230
I will say the architect is RTA out of Colorado Springs.

2030
03:17:09,090 --> 03:17:12,710
And we might have Ken Greg on the call.

2031
03:17:13,930 --> 03:17:17,930
So he might chime in if we want to get into the weeds on anything.

2032
03:17:20,050 --> 03:17:24,530
But yeah, this project started about a year ago in the spring of 2025.

2033
03:17:24,530 --> 03:17:35,350
We've gone through a long process involving the district, Jacobs is the owner's rep, and then we had a series of design advisory group meetings.

2034
03:17:35,970 --> 03:17:39,750
So we went through that on Miller, on the DHSCIC,

2035
03:17:40,410 --> 03:17:43,530
just getting involvement from staff, from principals, etc.

2036
03:17:43,670 --> 03:17:46,330
Everyone who's going to be involved in this project.

2037
03:17:47,630 --> 03:18:01,790
And then we've also met with city a few times, and then the three springs DRB, obviously Tim Zink, the GRBP, all of those guys have been important in these conversations and just understanding where we're heading.

2038
03:18:02,810 --> 03:18:07,890
So, the school that you're seeing, it's tucked to the northeast corner of three springs.

2039
03:18:09,330 --> 03:18:13,030
The overall footprint is about 68,500 square feet.

2040
03:18:13,210 --> 03:18:19,270
It's a single story elementary school designed to fit about 500 students.

2041
03:18:19,670 --> 03:18:25,110
So, obviously, right now we're not going to need that, but it's intended to meet growth in this area.

2042
03:18:26,210 --> 03:18:32,790
About 40 acres, the overall objective of this project and it really came from the district,

2043
03:18:33,290 --> 03:18:37,210
from staff, et cetera, is to take advantage of the landscape.

2044
03:18:37,490 --> 03:18:39,310
This is a very unique site obviously.

2045
03:18:39,790 --> 03:18:43,010
It's kind of in the woods and that's been the inspiration for the project.

2046
03:18:43,810 --> 03:18:47,890
I think Karen was very much motivated by some of the national parks.

2047
03:18:47,890 --> 03:18:55,190
And there's opportunities here and precedents that RTA brought to the table with other elementary

2048
03:18:55,190 --> 03:18:58,130
schools who really took advantage of their setting.

2049
03:18:58,570 --> 03:19:04,770
And we're very much in the woods, respecting nature and kind of that became part of the curriculum

2050
03:19:04,770 --> 03:19:08,430
in the day-to-day experience of the kiddos.

2051
03:19:09,030 --> 03:19:15,710
So that has been an objective with this project, and that is one of the reasons why RTA decided

2052
03:19:15,710 --> 03:19:17,830
to tuck this to that part of the site.

2053
03:19:18,350 --> 03:19:20,370
It really feels a little bit more separated.

2054
03:19:20,770 --> 03:19:24,770
Has a buffer with three springs with Wilson Gulch.

2055
03:19:24,770 --> 03:19:27,910
Long term, Wilson Gulch will be a fairly heavily

2056
03:19:27,910 --> 03:19:30,630
trafficked thoroughfare coming through there.

2057
03:19:31,290 --> 03:19:35,130
Plus, there's some pretty steady grade across this site.

2058
03:19:35,470 --> 03:19:37,190
So the way we position the school,

2059
03:19:37,530 --> 03:19:38,830
it is sort of up on a perch.

2060
03:19:38,990 --> 03:19:40,370
And really we'll have some nice views

2061
03:19:40,370 --> 03:19:41,890
looking back into three springs.

2062
03:19:42,210 --> 03:19:44,770
But then also back to that open space,

2063
03:19:44,770 --> 03:19:46,510
which we're pretty excited about.

2064
03:19:46,770 --> 03:19:48,230
And I will say I live in three springs.

2065
03:19:48,350 --> 03:19:50,670
So it's very fun to be a part of this project.

2066
03:19:51,390 --> 03:19:53,110
I think we have met with the community.

2067
03:19:53,210 --> 03:19:56,310
Everyone is very excited about this coming online, obviously.

2068
03:19:59,310 --> 03:20:02,930
So the school itself, let me flip through here.

2069
03:20:05,680 --> 03:20:07,500
This is a enlarged site plan.

2070
03:20:07,700 --> 03:20:09,400
DHM is our landscape architect,

2071
03:20:09,540 --> 03:20:10,700
and they've done a fantastic job

2072
03:20:11,200 --> 03:20:14,000
to of working this building into the site.

2073
03:20:14,640 --> 03:20:16,480
You'll see there's kind of three sections

2074
03:20:16,480 --> 03:20:24,160
to this school. The front section has some of the unique programming, so the gym, the admin,

2075
03:20:25,440 --> 03:20:29,680
some of the other, the cafeteria, et cetera. And then the other two blocks that you'll see

2076
03:20:29,680 --> 03:20:36,560
moving to the north, those are the pods for the kids classrooms. The way we've located this building

2077
03:20:37,480 --> 03:20:44,360
is we've, everyone's familiar with the spur-line trailhead. So there's kind of that existing scar

2078
03:20:44,360 --> 03:20:50,620
that artifact of the circle that used to be there. We're tucking the parking down into that

2079
03:20:51,200 --> 03:21:00,100
open space in the circle. And it actually acts to kind of helps reduce the impact the

2080
03:21:00,100 --> 03:21:05,540
visuals of the parking lot. And then the school is going to be a little bit elevated. And so

2081
03:21:05,540 --> 03:21:12,500
we wanted to preserve some of those trails. We wanted to preserve that old spur with some of the

2082
03:21:12,500 --> 03:21:19,400
all railroad ties in the rock, that's all part of the site design, bike trails, etc. that will

2083
03:21:19,400 --> 03:21:27,060
lead to the building. And then playgrounds, the main kids playground is to the east. And then we

2084
03:21:27,060 --> 03:21:32,320
have on the left, there's a small preschool playground. And this school, obviously it has pre-school

2085
03:21:32,320 --> 03:21:38,480
through fifth grade, just in case you didn't know. And then there's two connectors from the school

2086
03:21:38,480 --> 03:21:39,960
that go back to three springs.

2087
03:21:40,260 --> 03:21:44,080
So again, the original spur line is one bike trail

2088
03:21:44,080 --> 03:21:46,220
and pedestrian path that will lead to the school.

2089
03:21:46,500 --> 03:21:48,200
And then there's a second one that comes off

2090
03:21:48,200 --> 03:21:49,900
of prospector back to the east.

2091
03:21:50,640 --> 03:21:53,700
So a lot of bike trails, pedestrian connectivity to the school.

2092
03:21:54,160 --> 03:21:56,780
And then the school itself is elevated up there

2093
03:21:56,780 --> 03:21:59,320
on the northeast part of the site.

2094
03:22:00,120 --> 03:22:04,240
In terms of landscaping, in grading and drainage,

2095
03:22:04,480 --> 03:22:06,060
we're meeting all of the cities requirements

2096
03:22:06,060 --> 03:22:07,860
and expectations for that.

2097
03:22:07,860 --> 03:22:12,180
We're meeting three springs design guidelines and regulations for that as well.

2098
03:22:13,440 --> 03:22:17,340
We're also meeting wildfire resiliency codes, all that good stuff.

2099
03:22:18,020 --> 03:22:20,580
And I think the district also is pretty sensitive.

2100
03:22:21,340 --> 03:22:24,480
You know, they don't want to surround this with trees, and then have to maintain it.

2101
03:22:24,680 --> 03:22:31,300
Again, trying to be mindful of maintenance, but also just the existing kind of ecosystems out here.

2102
03:22:32,080 --> 03:22:35,420
And broader needs such as wildfire.

2103
03:22:36,380 --> 03:22:41,420
I'm just as special as you might be moving on from this and I have a quick question on this slide that's just for

2104
03:22:42,440 --> 03:22:45,240
admit a little bit of personal interest in curiosity.

2105
03:22:46,040 --> 03:22:50,740
So, I noticed on this side plan there's a future community garden potentially listed.

2106
03:22:51,560 --> 03:22:59,440
And so, is the general idea there that potentially expanding this oil lab partnership that has been pretty successful?

2107
03:22:59,740 --> 03:23:01,620
Do you have any idea or concept on that?

2108
03:23:01,620 --> 03:23:06,560
I think at this time, there's no intent to expand that here.

2109
03:23:06,980 --> 03:23:09,480
I think the one at Riverview has been really successful,

2110
03:23:10,380 --> 03:23:11,960
and they've invested a lot there.

2111
03:23:12,280 --> 03:23:16,040
So at this time, I think this might be its own kind of, you know,

2112
03:23:16,280 --> 03:23:17,880
four, three springs garden.

2113
03:23:18,960 --> 03:23:19,600
But we'll see.

2114
03:23:19,840 --> 03:23:20,020
Great.

2115
03:23:20,200 --> 03:23:20,420
Thanks.

2116
03:23:20,940 --> 03:23:21,960
I totally appreciate that.

2117
03:23:22,140 --> 03:23:23,460
Again, pencil data is a future.

2118
03:23:23,860 --> 03:23:24,960
So I just curious.

2119
03:23:26,840 --> 03:23:28,680
Mr. Chair, if I could ask a question,

2120
03:23:28,680 --> 03:23:58,660
And this may not, I realize you can't make any major changes at this late date, because you're getting approval from the state, which I know is hard, I've done it, there's schools, but I see here, and I applaud the connection to nature, but then in locating the school in the wooded part of the site, and then having to comply with the wildfire resiliency code, how many existing trees are they taking out?

2121
03:23:58,680 --> 03:24:02,660
And are they replacing those with new trees further from the building?

2122
03:24:03,260 --> 03:24:06,020
Actually, we've been fairly successful.

2123
03:24:06,460 --> 03:24:10,180
Most of what's out there, it's sort of the pinion pine,

2124
03:24:10,520 --> 03:24:11,760
Juniper woodland.

2125
03:24:13,040 --> 03:24:14,620
There's a lot of small shrubs,

2126
03:24:14,720 --> 03:24:18,980
but I don't know that we're taking away a large amount of large caliper trees.

2127
03:24:20,360 --> 03:24:24,120
And the center area is fairly open

2128
03:24:24,120 --> 03:24:27,660
that the parking is situated in.

2129
03:24:27,660 --> 03:24:35,840
There are a few that we're having to take off on the Northwest corner, but I feel like they've done a good job of

2130
03:24:35,840 --> 03:24:46,960
Okay, so I can see where those would be contradictory goals, you know, you're trying to locate next to nature, but then our new wildfire resiliency, you have to cut

2131
03:24:46,960 --> 03:24:53,760
Yeah, and I will comment students learn better at studies of shown, they learn better if they're connected to nature

2132
03:24:53,760 --> 03:25:00,240
I think biophilia just integrating nature in this project has been huge and not just from the outside,

2133
03:25:00,900 --> 03:25:05,440
but through the interiors in terms of material selection colors, et cetera.

2134
03:25:08,040 --> 03:25:15,060
Obviously with this, we've met all the emergency vehicle specs for fire, for emergency access,

2135
03:25:16,400 --> 03:25:22,540
sprinkling the bilgrain fire hydrants, et cetera. We're buffering as well. So I'm going to go back

2136
03:25:22,540 --> 03:25:23,360
outside.

2137
03:25:26,900 --> 03:25:33,660
Oh, go on around way here. Um, so we are buffering the project as well. And if you

2138
03:25:33,660 --> 03:25:41,820
could see on the far east side, the right of the school, there is a 30 foot strip. And part of

2139
03:25:41,820 --> 03:25:48,200
this came through the conversations with three springs in the district in the city, but we wanted to

2140
03:25:49,080 --> 03:25:53,960
provide a little bit of a buffer from the property owners to the east, but then also it's related

2141
03:25:53,960 --> 03:26:01,080
to trail access. So this is one way that we are going to still allow those connections to the

2142
03:26:01,080 --> 03:26:07,140
north and the rest of the spiraling. So you'll see that little strip on the right. And then

2143
03:26:07,140 --> 03:26:14,940
everything to the left, we're also preserving a majority of the existing spiraling trail. So I know

2144
03:26:14,940 --> 03:26:20,800
that's kind of sacred to the community. Everyone loves the trails out there. We're still having

2145
03:26:20,800 --> 03:26:26,720
conversations about where exactly people will park and then how, you know, what, what

2146
03:26:26,720 --> 03:26:31,800
hours of use or how that gets shared. But I do think it's something that we've, we've been

2147
03:26:31,800 --> 03:26:37,360
able to, you know, design the project so we can still have that amenity. So I think that's a nice

2148
03:26:37,360 --> 03:26:43,900
feature of this as well. So at least short-term midterm, all of those trails still exist. And then

2149
03:26:43,900 --> 03:26:49,000
obviously long-term, three springs has other plans for village two and everything to the north,

2150
03:26:49,000 --> 03:26:50,980
but that's, I don't have that crystal wall.

2151
03:26:56,700 --> 03:26:58,780
Moving on, is it the elevations?

2152
03:26:59,280 --> 03:27:02,340
So again, I think you'll find that there's a nice scale

2153
03:27:02,340 --> 03:27:03,440
to this school.

2154
03:27:04,260 --> 03:27:06,460
The top image is the front elevations,

2155
03:27:06,480 --> 03:27:08,440
so that will project back to three springs.

2156
03:27:09,160 --> 03:27:14,480
In terms of materials, we're using a stacked stone, metal panel.

2157
03:27:14,860 --> 03:27:16,740
There'll be steel elements, standing,

2158
03:27:16,740 --> 03:27:23,320
see metal roof and then there's some fiber cement board panels. So those are the primary materials.

2159
03:27:25,560 --> 03:27:32,800
There's a nice low sloped roof that goes around the school around those classroom pods

2160
03:27:32,800 --> 03:27:39,660
and that actually creates a porch around all the classrooms. So that's been a nice

2161
03:27:39,660 --> 03:27:44,600
a nice feature, all those classrooms kind of have access to the exterior.

2162
03:27:47,560 --> 03:27:52,120
And this shows an elevation of the classroom pods.

2163
03:27:53,160 --> 03:27:55,860
And then you can see kind of a, this is a very general floor plan.

2164
03:27:55,920 --> 03:28:00,560
I know we don't want to say on those, but it shows kind of the view of those classrooms back

2165
03:28:00,560 --> 03:28:06,080
out to the open space and then some vignettes of the interior.

2166
03:28:11,590 --> 03:28:14,030
And I'll kind of skip over this.

2167
03:28:14,030 --> 03:28:17,610
This is some of the civil grading and drainage.

2168
03:28:19,850 --> 03:28:23,050
I don't know if anyone has any specific question, will this.

2169
03:28:24,290 --> 03:28:26,010
SET is our civil engineer.

2170
03:28:27,030 --> 03:28:32,030
And obviously, they've worked through all of the engineering for the site,

2171
03:28:33,110 --> 03:28:38,170
feeling with all the runoff coming from beyond and then what comes into our site.

2172
03:28:38,210 --> 03:28:43,650
We have wetlands and that all carries through through the rest of three springs.

2173
03:28:59,670 --> 03:29:02,170
And I think the building elevations drafted up.

2174
03:29:08,990 --> 03:29:12,490
This day of this before, if the commission has any questions, I know we've interrupted you.

2175
03:29:12,570 --> 03:29:14,190
I'm sorry, but just if you're, I'm sorry.

2176
03:29:14,350 --> 03:29:16,170
I don't remember the name of your colleague that's joining us online.

2177
03:29:16,430 --> 03:29:20,250
But if I would invite them to kind of if he would like to speak and invite him to join us.

2178
03:29:22,150 --> 03:29:26,630
Yeah, well, thanks for having us on Ken Greg on my principal RTA Architects.

2179
03:29:26,810 --> 03:29:30,950
And we're sure happy that Lawrence been able to work with us on this project.

2180
03:29:31,130 --> 03:29:33,990
She brings a great perspective from Durango.

2181
03:29:33,990 --> 03:29:39,290
We're super honored to have worked with Durango public schools on this.

2182
03:29:39,890 --> 03:29:51,850
I would say that one of the big things that we talked about from the beginning in Lauren kind of talked about this was this idea that this building really fit into the landscape and really connected to the natural landscape.

2183
03:29:52,770 --> 03:29:58,290
And this idea of being able to extend the classroom outside the building was

2184
03:30:00,000 --> 03:30:09,160
It was really important and it was a concept that was really strong from the beginning and the idea that this creates a layer of space to the outdoors.

2185
03:30:10,140 --> 03:30:26,500
And so we feel these these portraits are really strong elements not only to help create a horizontal feeling with the building and setting down into the landscape, but also creating space for students to learn outside the classroom.

2186
03:30:27,820 --> 03:30:34,240
This idea that the building nestles into the landscape and that you can see beyond is something

2187
03:30:34,240 --> 03:30:35,540
that we felt was really important.

2188
03:30:35,580 --> 03:30:42,600
And so you can see the long slow slope grooves that really kind of drive out into the landscape

2189
03:30:42,600 --> 03:30:45,700
with something that we felt was important.

2190
03:30:46,420 --> 03:30:51,080
It's also really important to create those connections back to the neighborhoods and as

2191
03:30:51,080 --> 03:30:57,880
was speaking taken advantage of that spur-line trial was something that we really wanted to

2192
03:30:57,880 --> 03:31:04,800
emphasize and leverage on on this project so it's going to become a really awesome pedestrian connection

2193
03:31:04,800 --> 03:31:11,000
but this this project is a little bit different for us just because of the of the unique

2194
03:31:11,000 --> 03:31:18,000
nature of the site and so we're really excited about where the project's going and in the concepts

2195
03:31:18,000 --> 03:31:24,840
that the school district brings in terms of their educational curriculum. We created a building over

2196
03:31:26,140 --> 03:31:31,060
north of Karas Springs called the school in the woods and so some of those concepts we've

2197
03:31:31,060 --> 03:31:36,940
actually discussed. With the faculty and staff, they're in the range of about how this building

2198
03:31:36,940 --> 03:31:43,940
could function operationally from an education in curriculum standpoint. It's pretty exciting.

2199
03:31:43,940 --> 03:31:51,040
there's incredible opportunity. The idea of inside outside this is something that, you know,

2200
03:31:51,180 --> 03:31:52,700
we're really excited about

2201
03:31:56,830 --> 03:31:59,570
any, any other, any questions for us?

2202
03:32:00,890 --> 03:32:02,350
Mr. Brader, please go ahead.

2203
03:32:03,270 --> 03:32:08,530
Thanks for that, Ken. I think that it is a very attractive Paris-style

2204
03:32:08,530 --> 03:32:16,700
Esk building that one concern that I have just because I have kids in elementary school and

2205
03:32:16,700 --> 03:32:18,940
They write their bikes every day is that those bike racks

2206
03:32:18,940 --> 03:32:21,440
sort of like 400 feet away from the front door.

2207
03:32:22,500 --> 03:32:23,800
Oh, on this project.

2208
03:32:25,380 --> 03:32:27,660
Yes, the project that we're reviewing right now,

2209
03:32:27,940 --> 03:32:30,600
you can see where it's marked on DHM site plan right there,

2210
03:32:30,620 --> 03:32:33,760
measuring it out, based upon the scale of the parking lot,

2211
03:32:33,920 --> 03:32:37,800
puts it at about 370 to 400 feet from the front door

2212
03:32:37,800 --> 03:32:39,360
and many of our other elementary schools

2213
03:32:39,360 --> 03:32:42,720
and town those bike racks are like 50 feet.

2214
03:32:43,360 --> 03:32:56,720
So, that would be a fairly simple change where a biking oriented community, this is set literally in a, or now I understand it will be developed, but it's set within a fully bike oriented zone.

2215
03:32:57,400 --> 03:33:07,560
I mean, just getting those racks at a location that's more usable for small kids would be just add that much more to the building, but thanks for your presentation.

2216
03:33:09,020 --> 03:33:17,720
I think that's a good point, a lot of elementary schools we try to get those bike racks as close to the admin as we can, so there's always eyes on them.

2217
03:33:18,060 --> 03:33:26,420
That may not be as big a problem here, considering the remote nature, but yeah, we want to make sure they have direct access to the entry of the building.

2218
03:33:27,240 --> 03:33:28,580
I think that's good input.

2219
03:33:31,270 --> 03:33:32,730
Vice chair, I'm dirty, do you have something to add?

2220
03:33:32,730 --> 03:33:34,350
I did, unless somebody else.

2221
03:33:34,350 --> 03:33:41,790
Okay. Um, it is a beautiful design and I'm really grateful you're incorporating nature into

2222
03:33:41,790 --> 03:33:49,010
the education process. Um, I'd like to ask, um, being that the project sits up on a hill,

2223
03:33:49,450 --> 03:33:56,290
is there any thought to following the dark sky ordinance, um, because it will be more visible

2224
03:33:56,290 --> 03:34:04,190
being up high. Right. Um, we intend to comply with all those requirements. We're meeting, um,

2225
03:34:04,350 --> 03:34:10,850
the three spring spec for some of the like the light ballards and the poll lights. And I will say

2226
03:34:11,850 --> 03:34:17,310
that long entry drive, that will not be illuminated. I think we're just

2227
03:34:17,310 --> 03:34:21,870
cutting it kind of right around the parking and obviously anything required for egress and

2228
03:34:21,870 --> 03:34:33,710
an ADA. So I think those biking trails, et cetera, I mean those will be

2229
03:34:33,710 --> 03:34:41,850
That's true. And of course, I'm sure RTA knows that you have to egress to a public way.

2230
03:34:42,270 --> 03:34:46,190
So you might have to have some minimal foot candles on that driveway.

2231
03:34:47,850 --> 03:34:58,890
And then the other question I had, I think, was, oh yes, if we could please go back to the previous slide, the one that was a closer up of the thank you.

2232
03:35:00,250 --> 03:35:13,190
Is there any thought to comments that I made on a previous project tonight is the heat island effect can be exacerbated by an unshated parking lot?

2233
03:35:13,890 --> 03:35:28,050
So if you're intending to use Black asphalt, which is the least expensive material, are you considering complying with the tree, tree shading the parking lot part of the city's land use code?

2234
03:35:30,570 --> 03:35:32,630
Can you want to speak to that?

2235
03:35:33,170 --> 03:35:39,970
Well, I was just going to speak to it in terms of and Lauren alluded to it earlier, you know,

2236
03:35:40,030 --> 03:35:41,850
the district in terms of maintenance.

2237
03:35:42,530 --> 03:35:51,730
We are looking to try to create a tree path at the center to kind of guide the pedestrians up to the center,

2238
03:35:51,930 --> 03:35:54,850
the building to kind of control access to the to the entry.

2239
03:35:54,850 --> 03:35:59,970
And as you can see, we do have islands in all of those locations that would be planted.

2240
03:36:00,230 --> 03:36:07,090
We're still having discussions about the exact number of trees and what type of trees we want to make sure

2241
03:36:07,090 --> 03:36:13,390
that we're putting in trees that are native to this area and have the best chance of surviving.

2242
03:36:13,710 --> 03:36:19,450
I know a lot of schools, you know, you have an island that has a tree and the tree dies and it doesn't get replaced.

2243
03:36:19,990 --> 03:36:29,330
We want to make sure that we're putting plants in these, these areas that they would have the best opportunity to, you know, to make it and thrive here.

2244
03:36:30,770 --> 03:36:40,990
I would say that we are going to shade part of it but, you know, you can see, you know, it's still a pretty big lot there for a school.

2245
03:36:41,470 --> 03:36:45,150
And of course, you know, there's the concerns about plowing snow and all of that.

2246
03:36:45,150 --> 03:37:13,890
So we kind of ride that that fine line of trying to create a parking area that's you know it's got some landscaping and you know some vision you know it's a little more visually pleasant but we do we do have to you know balance balance those needs the district needs in the and the landscaping understood and there's also the done functional turf needs because of water conservation.

2247
03:37:13,890 --> 03:37:19,890
So I do, um, just personally really like that, um,

2248
03:37:20,090 --> 03:37:24,030
colonate of trees leading up to the entry. I think that's a wonderful, um,

2249
03:37:24,510 --> 03:37:29,350
definition for the main entry. And I think if, if you're familiar with three springs,

2250
03:37:29,590 --> 03:37:33,690
kind of the image at the bottom right, if you've been out on the trail out there,

2251
03:37:33,710 --> 03:37:40,910
there's some really nice, um, landscape kind of floodways where they've used the flat rock,

2252
03:37:40,910 --> 03:37:45,950
and then you have all the the cat tails and some different plantings, we're bringing that up

2253
03:37:45,950 --> 03:37:51,990
into our site. And so that promenade leads to another outdoor learning classroom. So that same

2254
03:37:51,990 --> 03:37:56,430
language will be implemented there. And I think it'll be a nice place for for students.

2255
03:37:59,990 --> 03:38:04,690
Mr. Patrick, hi. Well, it relates to an earlier discussion this evening. That is, um,

2256
03:38:05,030 --> 03:38:10,870
are there any considerations for the use of solar in this project and also charging stations,

2257
03:38:10,870 --> 03:38:18,450
particularly for faculty staff. Yes. So we have to meet the state requirements as well. So we have

2258
03:38:19,230 --> 03:38:24,810
some EV charging stations that will go in immediately and be, you know, ready with the building.

2259
03:38:25,250 --> 03:38:30,950
Then there's also future EV that's planned and sort of ruffed in for other locations in the parking lot.

2260
03:38:32,370 --> 03:38:40,630
And then we have also designed for everything to be PV ready. They've identified areas on the roof

2261
03:38:40,870 --> 03:38:45,750
for solar panels, and then we've done all the counts to sort of understand what we can provide.

2262
03:38:46,670 --> 03:38:51,090
And yep, we've we've we've checked those boxes and we're going for green gloves.

2263
03:38:51,950 --> 03:38:57,470
So as part of the districts, sustainability goals obviously, they want to provide certification for this.

2264
03:38:57,790 --> 03:39:04,490
So we're working through all of the requirements and going through a series of points.

2265
03:39:05,450 --> 03:39:12,890
And if you acquire a certain number of points, then you can capture that, basically that certification.

2266
03:39:13,630 --> 03:39:15,290
So this will be Green Gloves approved.

2267
03:39:16,070 --> 03:39:17,690
We think we're heading in the right direction.

2268
03:39:18,830 --> 03:39:20,450
But PV is one of those points.

2269
03:39:21,150 --> 03:39:21,710
And yep.

2270
03:39:24,550 --> 03:39:26,230
I'm sure I haven't done anything for you.

2271
03:39:29,270 --> 03:39:32,050
No, but I really like the way it looks.

2272
03:39:33,410 --> 03:39:34,050
I don't know.

2273
03:39:34,490 --> 03:39:35,810
Thank you.

2274
03:39:35,810 --> 03:39:52,890
Yeah, my last comment, which is just a very quick one because we were I talked about it as I do think that doing as much as the design team can to avoid light spill from the campus would be greatly appreciated in that neighborhood just because

2275
03:39:52,890 --> 03:40:05,550
three springs has done an exemplary job of being a very very dark neighborhood at night. In fact, it's probably the darkest in the city of Duranglo. I would argue in many ways at night. And so I applaud you guys for trying to make sure and do that.

2276
03:40:05,550 --> 03:40:07,590
and I think everything you do will be greatly appreciate

2277
03:40:07,590 --> 03:40:08,170
by your neighbors.

2278
03:40:08,830 --> 03:40:12,490
So, with that, I think that's actually all,

2279
03:40:12,710 --> 03:40:14,350
because we don't have public comment on this

2280
03:40:14,350 --> 03:40:16,710
since it's a, or do we,

2281
03:40:17,050 --> 03:40:19,770
I don't actually know, I should have gotten prepared.

2282
03:40:20,390 --> 03:40:21,990
You know, if anyone online would like to provide

2283
03:40:21,990 --> 03:40:24,510
public comment, we would go ahead and invite you now.

2284
03:40:26,010 --> 03:40:27,190
Oh, I'm sorry.

2285
03:40:28,110 --> 03:40:28,310
I'm sorry.

2286
03:40:29,250 --> 03:40:32,330
I'll just piggyback a little bit on what Commissioner

2287
03:40:32,330 --> 03:40:41,570
epic was in a big dare I say sprawling but in a very good way single story building is a

2288
03:40:41,570 --> 03:40:49,150
veritable solar farm opportunity we lovely to see a whole lot of PV up there and I don't know

2289
03:40:49,150 --> 03:40:58,230
what the green gloves means but I'll return to an old soft mind but which is you know zero

2290
03:40:58,230 --> 03:41:05,650
carbon, heating and all the infrastructure inside buildings with no requirements of fossil fuels

2291
03:41:05,650 --> 03:41:12,490
outside of what's the dwindling generation going into our grid would be wonderful to see

2292
03:41:12,950 --> 03:41:21,110
yeah heat pumps and induction stoves in the kitchen and not have to even put natural gas plumbing

2293
03:41:21,110 --> 03:41:23,870
and to begin with, would be great.

2294
03:41:24,330 --> 03:41:26,310
Well, this, yeah, go ahead.

2295
03:41:26,590 --> 03:41:26,770
Go ahead.

2296
03:41:27,110 --> 03:41:30,250
Oh, we just get to say, yeah, that was one of the goals.

2297
03:41:30,510 --> 03:41:33,570
This building won't even have a gas line that runs out to it.

2298
03:41:33,670 --> 03:41:35,270
It's going to be all electric heat pumps.

2299
03:41:35,430 --> 03:41:38,610
There's going to be two large electric heat pumps.

2300
03:41:40,410 --> 03:41:46,390
And the rest of the system, basically, it's a four-pipe heating and cooling system that

2301
03:41:46,390 --> 03:41:48,050
comes off of those heat pumps.

2302
03:41:48,050 --> 03:41:51,090
So the building will be all electric, including all of the

2303
03:41:51,090 --> 03:41:58,150
all of the appliances and equipment in the kitchen. So it's one of the first, it's

2304
03:41:58,150 --> 03:42:03,030
probably, it is the first project that I've ever had that does not have a cast line that

2305
03:42:03,030 --> 03:42:03,710
runs to it.

2306
03:42:06,150 --> 03:42:12,050
And I will say one other comment, they actually had some activities where RTA

2307
03:42:12,050 --> 03:42:17,230
engaged the students and so the students have some ownership in this, they helped pick out some of

2308
03:42:17,230 --> 03:42:23,370
equipment, there's been some fun activities that have come along with this. I think the mascot

2309
03:42:23,370 --> 03:42:30,470
and school colors are still to be determined, but I think this will kind of help guide that

2310
03:42:30,470 --> 03:42:31,710
conversation to.

2311
03:42:34,890 --> 03:42:38,090
Missioners, anything else? And did anyone online raise their hand, Mr. Murray?

2312
03:42:38,550 --> 03:42:43,390
There are no hands raised. All right. Well, we open to public comment. We closed it while providing

2313
03:42:43,390 --> 03:42:48,390
commentary. Good work. Everyone. Thank you. Very much, we're taking the time to come.

2314
03:42:48,390 --> 03:42:50,210
on to us, we greatly appreciate it.

2315
03:42:50,210 --> 03:42:50,710
No, we're excited.

2316
03:42:50,890 --> 03:42:51,610
Thank you, guys.

2317
03:42:51,910 --> 03:42:52,710
Thank you.

2318
03:42:52,910 --> 03:42:53,330
Thanks, everybody.

2319
03:42:57,440 --> 03:42:57,700
OK.

2320
03:42:58,520 --> 03:43:01,280
I know we're getting near the end of the evening,

2321
03:43:01,620 --> 03:43:03,240
but I believe Mr. Murray, you had something you

2322
03:43:03,240 --> 03:43:06,680
want to bring up under item nine reports and comments.

2323
03:43:09,260 --> 03:43:11,840
Just a few quick items here for you.

2324
03:43:12,200 --> 03:43:13,540
At your February meeting, although I

2325
03:43:13,540 --> 03:43:16,820
don't want to pre-empt commissioner ethics or discussion

2326
03:43:16,820 --> 03:43:18,800
of the one-year terms, it would

2327
03:43:18,800 --> 03:43:21,520
be the normal time to elect a chair and vice chair.

2328
03:43:21,520 --> 03:43:24,220
So I will have that on your February agenda.

2329
03:43:26,920 --> 03:43:28,940
I can note for the sake of discussion

2330
03:43:28,940 --> 03:43:32,300
in terms that are ending not until May of 2027

2331
03:43:32,300 --> 03:43:36,420
would be Commissioner Evans and Vice Chair Hunter.

2332
03:43:36,880 --> 03:43:39,020
That's a year from this coming May.

2333
03:43:40,460 --> 03:43:42,900
You received your packet a few days earlier.

2334
03:43:43,100 --> 03:43:45,680
We're gonna stick with the Friday before the study sessions

2335
03:43:45,680 --> 03:43:47,860
so we're trying to get them out to you

2336
03:43:47,860 --> 03:43:49,260
at least the weekend before.

2337
03:43:49,260 --> 03:44:01,920
And then starting in March, we will move your study sessions to Wednesday, not the Thursday, to give you all of us one extra day to discuss and prepare for this meeting regular meeting.

2338
03:44:03,880 --> 03:44:11,460
I also heard the comment to prepare protocols for study sessions and study sessions, and I hope to have that ready for you in February.

2339
03:44:12,980 --> 03:44:14,500
That's it from me.

2340
03:44:14,900 --> 03:44:15,780
Thank you, Mr. Murray.

2341
03:44:16,460 --> 03:44:19,120
So any questions on any of that real quick before we move on?

2342
03:44:20,320 --> 03:44:27,480
So, as I mentioned at the beginning of our meeting tonight, one item that Vice Chair Hunter

2343
03:44:27,480 --> 03:44:35,140
Dr. Dr. Alpco and Mr. Murray, and I discussed was how to address and move forward some

2344
03:44:35,140 --> 03:44:42,100
of these items that are sort of things that we need to work on and support together and

2345
03:44:42,100 --> 03:44:46,720
sort of adopting the city council model of bringing it up towards the end of our meeting as sort

2346
03:44:46,720 --> 03:44:50,640
a new business item asking for a simple majority on if you're

2347
03:44:50,640 --> 03:44:54,560
amenable to add in that to an agenda for future discussion and action by the commission

2348
03:44:54,560 --> 03:44:55,160
potentially.

2349
03:44:57,040 --> 03:44:57,560
And so

2350
03:45:01,460 --> 03:45:24,380
As Commissioner Epic indicated, he has an item that he would like to discuss with the group. I also have one item that I want to put on there and I'm going to say I think we all have a laundry list of to do items. So in the interest of everyone's sanity and time tonight, I'm going to limit all of each individual commissioner to one item for tonight to bring up to put on to the work plan.

2351
03:45:24,380 --> 03:45:31,760
If you have one ready, and if not, no problem because there'll be a chance in approximately 30 days to do it again.

2352
03:45:34,480 --> 03:45:39,680
Commissioner traffic I'll yield to you first or anyone else that would like to bring an item up that they would like to discuss.

2353
03:45:41,940 --> 03:45:45,120
So, you're up in the night. Yeah, I have one item also.

2354
03:45:49,940 --> 03:46:03,540
It's not really for discussion, it's the Southwest Colorado economic report that I sent out for everyone and I hope I sincerely hope that everyone had a chance to read that or will read that.

2355
03:46:04,600 --> 03:46:07,680
I think it's pertinent to the business that comes in front of us.

2356
03:46:07,680 --> 03:46:15,140
I would hope that the entire city of Durango wouldn't in fact read that outlook for this coming year

2357
03:46:15,140 --> 03:46:20,700
and hopefully bring some new perspectives to what seems to be status quo thinking.

2358
03:46:21,860 --> 03:46:24,940
So aside from that, that was that.

2359
03:46:25,620 --> 03:46:33,840
The point I wanted to raise tonight was, as I said, to propose that we have a motion for a resolution to the city council,

2360
03:46:33,840 --> 03:46:51,660
requesting a change of the current one-year mandate, term for the Community Development Commission Board Chair to a maximum consecutive two-year board chair tenure, inclusive of an annual renewal by a majority board vote.

2361
03:46:51,660 --> 03:46:59,400
So, I think that's self-explanatory. I'd be happy to talk about it more. And as part of this,

2362
03:46:59,480 --> 03:47:06,760
understanding the timing sequences, I'd like to propose that that be put in front of us

2363
03:47:06,760 --> 03:47:09,100
as a motion tonight for action.

2364
03:47:12,380 --> 03:47:13,460
Point of order, Mr. Jarrod.

2365
03:47:13,860 --> 03:47:18,820
I would recommend that we discuss it in if there is consensus around the item that

2366
03:47:18,820 --> 03:47:25,720
be placed in February's Jennifer Actions, didn't notice this item for action.

2367
03:47:29,840 --> 03:47:34,540
Generally, correct in and consistent with what city council is doing, Commissioner Apeck.

2368
03:47:37,140 --> 03:47:43,460
So noted, and I'll also say I'm going to abstain from discussion or voting on the side of right now.

2369
03:47:43,540 --> 03:47:45,820
So that's the last time going to say about it.

2370
03:47:49,920 --> 03:48:01,440
I would be fine with this appearing as a gender item for February and that may then also relate to

2371
03:48:01,440 --> 03:48:06,300
whatever motion comes in front. I'd like to have it played first on the agenda because

2372
03:48:06,300 --> 03:48:12,200
obviously then any other considerations for approval of a chair or whatever would come

2373
03:48:12,200 --> 03:48:18,920
hopefully after that. So it doesn't negate this particular action item. That would be my

2374
03:48:18,920 --> 03:48:26,580
on that. And I would be fine as a commissioner and so let's have it on the agenda for February

2375
03:48:27,440 --> 03:48:29,040
for a thorough discussion.

2376
03:48:31,670 --> 03:48:35,670
I will clarify one other point of order. I think that the

2377
03:48:35,670 --> 03:48:41,250
the general format we discussed and I'll all look to Vice Chair Hunter to correct me,

2378
03:48:41,970 --> 03:48:47,930
but was essentially for a commissioner to make a proposal for an item to be placed on a agenda with a

2379
03:48:51,710 --> 03:49:03,010
If there's any quick clarifying questions, we can ask those, but then look for Mr. Murray to call the vote for a simple majority to look for placing that item on the agenda.

2380
03:49:03,510 --> 03:49:07,850
So in other words, we don't accidentally turn this into a full discussion of the item because, again, it was not noticed.

2381
03:49:08,470 --> 03:49:13,350
But a very quick clarifying question if necessary for commissioner epic on this particular item.

2382
03:49:27,180 --> 03:49:39,140
So I'm just saying, since we're not going to really, it's not, it's just that for, would we like it as an item on our agenda?

2383
03:49:40,060 --> 03:49:46,600
That's just, yes or no, after it's presented, right? So we would be at that point now.

2384
03:49:47,280 --> 03:49:47,680
That's correct.

2385
03:49:50,730 --> 03:49:51,310
So, yeah.

2386
03:49:51,730 --> 03:49:56,010
So Mr. Murray, maybe if you would have called a question on commissioner ethics behalf.

2387
03:50:03,030 --> 03:50:32,190
So, so this is a simple, a simple majority, and it's a request at an individual commissioner to say, I'd like this on a future agenda item, and then if it's worth discussion, then four people say yes, and if it's not, then it's not, but basically allows the idea, again, going back to my preamble for the meeting is to ensure that no one commissioner, regardless of, you know, chair, vice chair.

2388
03:50:32,410 --> 03:50:44,080
Long-term member runs the agenda for adding topics like could I ask a request of staff that role call not always be taken in the same pattern so

2389
03:50:46,720 --> 03:50:52,340
So it so so it doesn't always land on the shoulders of the same person at the end for instance

2390
03:50:52,340 --> 03:50:56,380
Alma ends up being called last on these all the time and if it's a 33 I

2391
03:50:57,180 --> 03:51:00,060
know it that would go for that would well

2392
03:51:00,060 --> 03:51:02,420
Sorry the chair but

2393
03:51:02,420 --> 03:51:07,760
makes up the commissioners in general just because it I feel that it's more

2394
03:51:07,760 --> 03:51:13,140
representative of because people I'll speak for myself held. Sometimes this

2395
03:51:13,140 --> 03:51:15,860
comes in front of me and it's like you don't know which way you're going to go

2396
03:51:15,860 --> 03:51:18,600
and if you don't know which term you're going to be voted in it might change the way

2397
03:51:18,600 --> 03:51:23,780
that you're going to vote and what we've been consistent the entire time in

2398
03:51:23,780 --> 03:51:27,300
regards to that or part we get I that maybe that's what I'll bring up here later

2399
03:51:27,300 --> 03:51:31,480
for discussion that can be my question for discussion I'll let you make the role

2400
03:51:31,480 --> 03:51:36,600
However, you please right now, but that'll be my question once we take this,

2401
03:51:40,620 --> 03:51:40,620
though.

2402
03:51:41,940 --> 03:51:43,680
Then sit right here.

2403
03:51:48,570 --> 03:51:58,670
I, I can appreciate Commissioner for Aderson's point that there are times where it might be who's lost for the voting order to not always be the same.

2404
03:51:59,190 --> 03:52:03,650
I think it's reasonable. Sorry to really monkey wrench that whole thing.

2405
03:52:03,650 --> 03:52:09,570
But, so I think you get to call and give us your words first on this question. Do you want me to

2406
03:52:09,570 --> 03:52:15,630
restate what I heard from Commissioner Epic? I think we all know, right? Or do you want to be

2407
03:52:15,630 --> 03:52:23,650
restated, everyone? All right. I'm good. Commissioner Evans. Yes. Yes.

2408
03:52:23,650 --> 03:52:25,490
in there, Fredrickson.

2409
03:52:26,750 --> 03:52:27,110
No.

2410
03:52:28,590 --> 03:52:29,590
Shener epic.

2411
03:52:30,070 --> 03:52:30,290
Yes.

2412
03:52:31,530 --> 03:52:32,390
Nice chair hunter.

2413
03:52:33,410 --> 03:52:33,670
Yes.

2414
03:52:35,250 --> 03:52:36,470
Shener stats and lean.

2415
03:52:37,030 --> 03:52:37,190
Yes.

2416
03:52:38,450 --> 03:52:39,130
All right, shorts.

2417
03:52:39,710 --> 03:52:40,050
Yes.

2418
03:52:42,130 --> 03:52:45,490
I will abstain this termary as I indicated.

2419
03:52:46,250 --> 03:52:51,710
However, I think I did the count and we ended up with five BS votes, one, no vote, and

2420
03:52:51,710 --> 03:52:54,970
one, abstention, which means that will be placed on a

2421
03:52:54,970 --> 03:52:57,770
on the next meeting for discussion as

2422
03:52:57,770 --> 03:53:02,630
commissioner epic proposed yes all right

2423
03:53:02,630 --> 03:53:07,310
i will i will i know vice chair hunter has one and i have one but i want to

2424
03:53:07,310 --> 03:53:10,890
look to my other commissioners first for any items commissioner sets and

2425
03:53:10,890 --> 03:53:11,950
lee looks like he's ready

2426
03:53:11,950 --> 03:53:14,510
no i'm just gonna get the vibes of

2427
03:53:14,510 --> 03:53:17,090
this uh new segment

2428
03:53:17,790 --> 03:53:20,270
and so that i can come up with something a little more cohesive

2429
03:53:20,270 --> 03:53:24,070
yeah fair enough we'll work our way through this awkwardness together

2430
03:53:26,750 --> 03:53:28,810
I think my point was made.

2431
03:53:29,250 --> 03:53:31,370
Yes, it was.

2432
03:53:32,310 --> 03:53:34,110
Now I'm going to mix things up.

2433
03:53:34,310 --> 03:53:35,130
Commissioner Evans.

2434
03:53:35,890 --> 03:53:36,990
You have anything you want to play.

2435
03:53:37,170 --> 03:53:39,190
You want to ask to be placed on a future agenda.

2436
03:53:42,230 --> 03:53:42,630
I do.

2437
03:53:43,850 --> 03:53:48,250
But I wasn't prepared, but I think I can wing it.

2438
03:53:51,570 --> 03:53:57,670
I'd like to get more input on from the staff on the time and the procedures.

2439
03:53:57,670 --> 03:54:03,210
they use the monitor vacation rentals and ADUs,

2440
03:54:11,040 --> 03:54:14,680
because we know CUPs take a lot more

2441
03:54:14,680 --> 03:54:21,160
conditions, so that must mean monitoring. Does their service, can their service do that?

2442
03:54:21,260 --> 03:54:25,480
What is the procedure? And then, yeah.

2443
03:54:27,500 --> 03:54:32,860
So you just want to report on what that monitoring looks like today that staff is already doing?

2444
03:54:32,860 --> 03:54:45,740
Yeah, more in debt so we can get an idea when we pass the CUP, what kind of, what is that going to be staff required to monitor that?

2445
03:54:46,280 --> 03:54:46,520
Okay.

2446
03:54:48,000 --> 03:54:50,580
It's just, yeah, I don't need it now.

2447
03:54:50,880 --> 03:54:53,400
I mean, even in the next month, but I mean,

2448
03:54:53,400 --> 03:54:57,800
You just wanted on a future item at some point so we can understand that more.

2449
03:54:57,800 --> 03:55:02,720
Director Locke, I believe wants to try to help answer that, or at least address the question initially

2450
03:55:02,720 --> 03:55:04,440
and then commissioner epic you're up next.

2451
03:55:04,660 --> 03:55:09,500
Now, I would like to say that we would need time to be able to get something like that together.

2452
03:55:10,200 --> 03:55:15,800
And I'm already in the process of doing some stuff for the ADUs for city council and so

2453
03:55:15,800 --> 03:55:20,000
that will play into that and vacation rentals. I think we have a pretty straightforward process with

2454
03:55:20,000 --> 03:55:24,360
that. If we move that forward, just give us some time.

2455
03:55:24,360 --> 03:55:30,000
Yeah, I'm not. I'm not. Yeah. Maybe for all of us, I should clarify. I know Commissioner

2456
03:55:30,000 --> 03:55:34,520
Epic give a pressing time matter on the item that you brought up, but I do think that for

2457
03:55:34,520 --> 03:55:39,940
the most part we need to view these as items that we are formally requesting to be on the

2458
03:55:39,940 --> 03:55:44,420
agenda and be worked on, but very seldom will be able to say the exact timing for them.

2459
03:55:45,420 --> 03:55:50,540
I think that is a reasonable expectation time. I failed to probably say that out loud on the

2460
03:55:50,540 --> 03:55:52,560
on it. Commissioner Patrick, did you have anything pretty

2461
03:55:52,560 --> 03:55:57,760
funny? It's just a point of process and that is does that report then

2462
03:55:57,760 --> 03:56:02,700
commissioner Evans occur at a study session or does that report occur in

2463
03:56:02,700 --> 03:56:03,620
the public meeting?

2464
03:56:07,830 --> 03:56:12,070
I find it informational for the public as well as for

2465
03:56:14,390 --> 03:56:20,090
us. Obviously, City Council asked for a special study session just to go over

2466
03:56:20,090 --> 03:56:28,890
to use stuff. I find that there's just a lot of interest on how that actually runs and I'm

2467
03:56:28,890 --> 03:56:37,510
just concerned how much staff time gets used and how we follow through and make sure things

2468
03:56:37,510 --> 03:56:43,490
don't fall through the cracks because a lot of vacation rentals, it's just an overall understanding

2469
03:56:43,490 --> 03:56:52,710
of the procedure. And it doesn't have to be, yes, I understand this should take, this is going

2470
03:56:52,710 --> 03:56:57,670
to take time. I'm not expecting anything next month or even in March.

2471
03:57:03,270 --> 03:57:06,350
So, okay. So, Mr. Murray,

2472
03:57:07,350 --> 03:57:12,290
I think we're ready. Let's try to make these quick. Go for it. We will roll call on that.

2473
03:57:12,290 --> 03:57:15,650
Yeah, real quick. Okay. Commissioners.

2474
03:57:15,670 --> 03:57:17,010
Stats and Lee.

2475
03:57:26,820 --> 03:57:26,940
No.

2476
03:57:29,100 --> 03:57:30,400
Vice chair hunter.

2477
03:57:31,780 --> 03:57:34,680
Yes. Commissioner epic. Yes. Commissioner Evans.

2478
03:57:36,400 --> 03:57:36,800
Yes.

2479
03:57:37,880 --> 03:57:39,620
Sheriff Frederickson. No.

2480
03:57:40,660 --> 03:57:41,440
Commissioner Schwartz.

2481
03:57:42,300 --> 03:57:42,640
Yes.

2482
03:57:43,480 --> 03:57:44,480
And chair Scott.

2483
03:57:45,460 --> 03:57:49,200
Yes. So we would like that place on a future agenda

2484
03:57:49,200 --> 03:57:51,720
understanding that it will take time

2485
03:57:51,720 --> 03:57:53,720
but we have a yes of five to two.

2486
03:57:55,540 --> 03:58:00,520
Yeah, there was one of the assumptions that this is like the next meeting.

2487
03:58:01,060 --> 03:58:01,500
No.

2488
03:58:01,500 --> 03:58:02,760
They were requesting no.

2489
03:58:02,760 --> 03:58:03,940
No, it's not.

2490
03:58:03,940 --> 03:58:04,760
Future meetings.

2491
03:58:05,960 --> 03:58:06,420
It's meetings.

2492
03:58:09,820 --> 03:58:14,500
How I view this in many ways is how to make the work plan actually had to do something.

2493
03:58:14,680 --> 03:58:15,980
So I will go ahead and go next.

2494
03:58:18,740 --> 03:58:32,020
I would propose that we should ask staff to review and propose amendments to LUDC 6 3 14 abandonment of rights away and easements.

2495
03:58:32,580 --> 03:58:36,240
This has been on our work plan for a year and a half with no change in status.

2496
03:58:36,820 --> 03:58:42,020
And I would like to go ahead and request that staff go ahead and get some proposed language in front of us.

2497
03:58:42,020 --> 03:58:54,280
And previous meetings various commissioners suddenly were not here at this time, but, you know, we, the commission previously discussed that it should include

2498
03:58:54,280 --> 03:59:02,020
language that included the city receiving public benefit for a right away abandonment, which is effectively the

2499
03:59:02,020 --> 03:59:12,840
Gifting of public land to a private citizen as well as the consideration of document and hardship as a need for that instance.

2500
03:59:14,320 --> 03:59:23,020
I, and by no means know the exact right language at this time, and I have none to propose, but I would like to request that we make this a project for

2501
03:59:23,540 --> 03:59:27,600
need development to address this before any other issues come up.

2502
03:59:31,190 --> 03:59:32,830
Again, the question that occurring

2503
03:59:32,830 --> 03:59:37,510
not at a steady session would at the moment, it's a public meeting. Since I'm proposing that

2504
03:59:37,510 --> 03:59:41,710
staff brings a code amendment forward, it has to come to a public hearing. You're just for the record.

2505
03:59:42,770 --> 03:59:49,610
All of our study sessions are also public hearing. They're all public. Public meetings. Sorry.

2506
03:59:51,050 --> 03:59:52,680
Brad, you're a lot of co, come on up.

2507
03:59:55,030 --> 03:59:55,930
Fair fine question.

2508
03:59:56,730 --> 03:59:56,970
Yes.

2509
04:00:00,690 --> 04:00:10,430
The staff can go back and take a stab at something, but it would be nice if there was a discussion over a little more direction for CZ.

2510
04:00:10,690 --> 04:00:19,310
So I will amend my request for discussion of amendments to 6314 with staff proposing some things they think are reasonable.

2511
04:00:19,990 --> 04:00:24,590
And the commission being able to read feedback because obviously that after go back and forth city council anyone.

2512
04:00:25,960 --> 04:00:29,180
Be reasonable enough. All right, the interest keeping this gone. Mr.

2513
04:00:32,060 --> 04:00:32,820
Murray. Mr. Happick.

2514
04:00:33,960 --> 04:00:36,480
Yes, Mr. Frederickson.

2515
04:00:37,300 --> 04:00:41,980
Yes, Mr. Stetson League. Yes, Mr. Evans.

2516
04:00:44,080 --> 04:00:44,080
Yes.

2517
04:00:44,560 --> 04:00:46,220
Yes, Mr. Hunter. Yes.

2518
04:00:47,060 --> 04:00:48,660
Mr. Schwartz. Yes.

2519
04:00:49,480 --> 04:00:53,280
Yes, 7-0. We're going to put that on. All right.

2520
04:00:55,580 --> 04:01:21,160
Yes, piggybacking. I almost thought you had it covered there. When we come across items like the fireworks, the city fireworks prohibition in relation to projects that we hear and this happens often. What is the appropriate venue to prepare can we propose changes to the LUDC text?

2521
04:01:21,160 --> 04:01:26,080
What is the appropriate way to do that?

2522
04:01:28,310 --> 04:01:31,730
I think you can make comments such as this at the end of a meeting.

2523
04:01:32,450 --> 04:01:34,450
And staff takes them into consideration.

2524
04:01:34,870 --> 04:01:38,910
We will also share this information with the city manager.

2525
04:01:39,530 --> 04:01:44,310
We will then work with staff on their coordination with council.

2526
04:01:44,770 --> 04:01:49,030
And that will determine whether or not we are able to bring back the amendments to you.

2527
04:01:49,030 --> 04:01:56,570
So, it sounds like we don't even have to have a special discussion at the end of the meeting.

2528
04:01:57,150 --> 04:02:03,030
The meeting minutes being taken will reflect our...

2529
04:02:03,750 --> 04:02:04,230
No?

2530
04:02:06,530 --> 04:02:17,190
The meeting minutes would reflect that we suggested, hey, a prohibition on fireworks would be good to have on that notice for vacation rentals that's posted inside the unit.

2531
04:02:18,250 --> 04:02:23,310
you can provide that direction to staff and then we will take it up with City Manager.

2532
04:02:23,830 --> 04:02:33,930
Does the entire CDC would it be better if we had a majority vote on that rather than it just be one person's opinion?

2533
04:02:34,010 --> 04:02:35,450
Do you think there's value in that?

2534
04:02:35,830 --> 04:02:37,370
It provides clarity as to.

2535
04:02:37,630 --> 04:02:41,650
Yeah, and I'll also provide another opportunity for process, which is,

2536
04:02:41,650 --> 04:02:46,810
you want something that you think is important and missed in the LUDC and we notice it,

2537
04:02:47,610 --> 04:02:52,750
you could prepare a memo or consideration of the CDC to send directly to city council,

2538
04:02:53,350 --> 04:02:59,290
which is well within our purview. Because I think that we have heard from

2539
04:03:00,250 --> 04:03:05,130
various city counselors that they do not have the time,

2540
04:03:05,130 --> 04:03:12,410
be remotely to even look at the entire packet much less the minutes of our meetings. So I

2541
04:03:12,410 --> 04:03:19,770
I appreciate Mr. Murray and staff willingness and regular advocacy through the City Manager's

2542
04:03:19,770 --> 04:03:23,350
office for various topics that the commission is brought forward that they think are important.

2543
04:03:23,970 --> 04:03:30,620
I think the commission also does have the opportunity via public notice and then discussion of memo

2544
04:03:30,620 --> 04:03:34,700
to send a memo on behalf of the CDC to city council.

2545
04:03:35,820 --> 04:03:41,780
So, so it sounds like, in this particular case, just so I can understand this,

2546
04:03:42,060 --> 04:03:49,840
would you like a memo sent to Daniel and to Mr. Murray and to Director Loco

2547
04:03:49,840 --> 04:03:56,280
and let them forward it to the rest of this commission to see if they agree with it or not?

2548
04:03:57,970 --> 04:04:07,150
I think the basic process we're going for here is do you have support amongst the commission to bring that up for a subject for a subject of future meeting.

2549
04:04:08,430 --> 04:04:11,470
So you would like to propose that we talk about.

2550
04:04:11,470 --> 04:04:12,790
You appropriate message to me.

2551
04:04:12,850 --> 04:04:14,610
No, I think you what you're asking.

2552
04:04:15,170 --> 04:04:17,390
So we're talking we're in the appropriate method.

2553
04:04:17,610 --> 04:04:23,190
If you want a code amendment, which is what you're talking about, the fireworks notice in the.

2554
04:04:23,190 --> 04:04:24,410
In the vacation rental.

2555
04:04:24,410 --> 04:04:32,250
I thought does it. No worries. There's, um, then you would say I'd like to discuss changes to the code related into

2556
04:04:33,110 --> 04:04:40,130
vacation rentals and that's a specific thing. You can say just because that will focus the ability for staff to say

2557
04:04:40,130 --> 04:04:46,430
this is what we're going to talk about. Okay. And then propose it to happen at some future meetings since February

2558
04:04:46,430 --> 04:04:54,250
might be overloaded already. Yeah. I think I think that it's going to be the meetings between staff

2559
04:04:54,410 --> 04:04:59,250
and probably chair and vice chair who over those folks are to help prioritize where we place some things.

2560
04:04:59,690 --> 04:05:02,690
Okay, like so yeah, not trying to put it on a specific meeting.

2561
04:05:03,470 --> 04:05:06,410
So then I guess then I would motion.

2562
04:05:06,510 --> 04:05:20,570
Right. It's a motion that we place on some future meeting agenda to discuss an amendment to LUDC to include the notice about the city prohibition of fireworks.

2563
04:05:20,570 --> 04:05:26,870
Inside the vacation rental units where out of town people can read it and be

2564
04:05:26,870 --> 04:05:30,820
come educated. Mr. Murray,

2565
04:05:33,510 --> 04:05:38,290
Chairscock. Oh, man, weird. Yes,

2566
04:05:40,470 --> 04:05:44,170
chair at Epic Art Commissioner, Epic. Yes.

2567
04:05:45,410 --> 04:05:46,070
Commissioner Schwartz.

2568
04:05:48,540 --> 04:05:52,020
Yes. Commissioner sets in me. Yes. Commissioner Evans.

2569
04:05:56,370 --> 04:06:01,730
I deferred as a group on that one. I would say, I guess so. Yes.

2570
04:06:02,150 --> 04:06:03,750
Mr. Frederickson. No.

2571
04:06:05,390 --> 04:06:06,890
Six. Yes. One. No.

2572
04:06:07,150 --> 04:06:09,490
Be well. Throw that in the work plan at some point here.

2573
04:06:10,730 --> 04:06:11,310
All right.

2574
04:06:12,370 --> 04:06:17,510
This has been a little awkward and I apologize for it, but I think we've all hopefully learned a little bit.

2575
04:06:17,550 --> 04:06:21,910
And I would give one last offer to those that do not have the chance if there's anything you want to get

2576
04:06:21,910 --> 04:06:24,770
it, memorialized, Commissioner Swartz?

2577
04:06:26,510 --> 04:06:27,810
I have a quick question for staff.

2578
04:06:28,070 --> 04:06:29,170
And I feel like me have asked this,

2579
04:06:29,270 --> 04:06:30,150
but I can't remember the answer.

2580
04:06:30,790 --> 04:06:33,410
Are the renew grants still a thing?

2581
04:06:33,930 --> 04:06:35,070
Because we had so many of them,

2582
04:06:35,070 --> 04:06:36,570
and I guess they also wanted to give an update,

2583
04:06:36,810 --> 04:06:38,410
I drove past subway the other day,

2584
04:06:38,510 --> 04:06:40,410
and they did fix the roof.

2585
04:06:41,230 --> 04:06:41,910
So it's happening.

2586
04:06:42,650 --> 04:06:44,450
But it just seems like we had so many

2587
04:06:44,450 --> 04:06:46,330
of those renew grant applications,

2588
04:06:46,470 --> 04:06:49,150
and it was really cool to see different projects

2589
04:06:49,150 --> 04:06:54,850
within the community with local businesses and then we haven't seen a need for like over a year.

2590
04:06:55,350 --> 04:06:58,770
So I was just curious if they were a thing.

2591
04:06:58,810 --> 04:07:02,090
As far as I know they are, I can check in with Tommy Crosby on the status.

2592
04:07:02,110 --> 04:07:04,210
Yeah, we haven't seen Tommy in a long time.

2593
04:07:04,390 --> 04:07:05,150
It's like, yep.

2594
04:07:05,370 --> 04:07:06,350
Thank you.

2595
04:07:08,430 --> 04:07:09,270
Anything further, anyone?

2596
04:07:09,350 --> 04:07:10,310
Commissioner's death and late.

2597
04:07:10,790 --> 04:07:17,290
Well, I'm very interested in this new item nine process that we have going.

2598
04:07:19,550 --> 04:07:26,970
But these meetings inevitably run long, I have yet to be at a meeting where somebody didn't say.

2599
04:07:27,410 --> 04:07:28,950
Usually they're not this long.

2600
04:07:29,810 --> 04:07:33,670
As far as I can tell they're always this long.

2601
04:07:36,320 --> 04:07:44,300
Given that we're kind of in charge of this process, how do we keep ourselves from going overboard with all of our great ideas?

2602
04:07:46,740 --> 04:07:49,700
Yeah, hi, we're opening up more time here.

2603
04:07:50,040 --> 04:07:51,900
I don't have the magic answer as the chair.

2604
04:07:52,040 --> 04:07:57,900
I do think that one of the things that we can do better is, hopefully as we can more practice,

2605
04:07:58,060 --> 04:08:00,200
we'll be easy to say I want to add this to an agenda.

2606
04:08:01,520 --> 04:08:03,160
Less than 30 seconds, you throw it out there.

2607
04:08:03,220 --> 04:08:04,820
We take a very quick vote.

2608
04:08:06,080 --> 04:08:08,300
That would be one hope for not letting this fall.

2609
04:08:08,500 --> 04:08:13,740
I also think that we should all be limited to one item permitting maximum just by tradition of the commission.

2610
04:08:13,740 --> 04:08:19,660
And it's not going to be written in the boards and commissions in the manual, but I think that is how we are fair and reasonable to each other.

2611
04:08:21,120 --> 04:08:26,940
And I am very open for discussion from others, but that is a general idea from me. Commissioner Frederson has a comment.

2612
04:08:29,220 --> 04:08:32,180
This meeting was long before we started talking about this.

2613
04:08:32,300 --> 04:08:32,720
Yes.

2614
04:08:34,220 --> 04:08:44,600
This is a stated consequence of board consolidation that was noted extensively three years ago when all this was happening.

2615
04:08:45,680 --> 04:09:01,040
That once this board took on everything within one meeting that this board would be in a position whereby moving forward at a certain time our agenda is what reached the level of maximization that they're currently hitting oftentimes in many meetings.

2616
04:09:01,040 --> 04:09:04,480
to where we have had some where we've gotten out earlier and sorry,

2617
04:09:08,820 --> 04:09:09,920
but I hate to say it,

2618
04:09:10,300 --> 04:09:16,380
but there might be a time when two a month that lasts an hour and 45 minutes rather

2619
04:09:16,380 --> 04:09:21,620
than one that lasts four hours. And I'm not, I don't want to vote on that tonight.

2620
04:09:24,040 --> 04:09:24,400
I just want

2621
04:09:24,400 --> 04:09:29,460
to say it almost laughing because she was there for all of those discussions that we had

2622
04:09:29,460 --> 04:09:37,340
regards to this happening, and here we are. And so perhaps next month, or if these continue

2623
04:09:37,340 --> 04:09:46,340
in August, we start to talk about it. If every time we're here, tell 905, but it was fun to hang out

2624
04:09:46,340 --> 04:09:48,960
with everybody tonight. Have a safe time getting home.

2625
04:09:52,770 --> 04:09:56,190
It was 72 degrees here today, just so y'all know.

2626
04:09:57,690 --> 04:10:02,250
And with that, we're adjourned at 9.05 PM or whenever good night.