[0:00] wax or something, but I bought the cleaning kit. Nothing works. So, [0:38] Nice to meet you. >> Hello. [0:45] I don't I don't [1:13] know. [1:26] talked You should actually [2:10] How are you? [2:17] » Did you get an answer? >> No. [2:20] » I can't hardly hear this. >> Didn't I get a acceptable answer that [2:27] The question is why did they suddenly change all this R1 zone [2:32] to R2? [2:36] » No, the orange area is R4. [2:41] Well, there's two shades of yellow. And that's probably [2:45] part of this confusion here because there's two shades of yellow. So, if you [2:49] look at it quickly, it all looks yellow, but there's two shades of yellow. So why [2:54] why did they change some homes when that all goes [3:00] and do these homeowners care that this is being discussed? [3:06] » Well, I know R1 is just single family. R2 is [3:13] » but these are R1 right now and they didn't change their density. So, so you [3:18] effectively you can have a subdivision, let's say Kingsbridge, and somebody [3:23] finds out they they're now zoned R2. >> All right. Good evening everybody. We'll [3:28] go ahead and get started with our special meeting, special planning [3:32] commission meeting for September 8th. We will get started with the pledge of the [3:37] uh pledge of allegiance. [clears throat] [3:42] I pledge algiance to the flag of the United States of America and to the [3:47] republic for which it stands. One nation under God, indivisible, with liberty and [3:53] justice for all. [3:57] » All right, Katie, could you please call the role? [4:00] » Sure. >> Baker [4:02] » here. >> Bill [4:03] » here. >> Cox [4:04] » here. >> Fzone here. [4:05] » Hutchinson >> here. [4:07] » McCarthy >> here. [4:08] » Payatt here. Upholder. Dicks >> here. [4:11] » And I just want to make two reminders to turn your microphones on and that to [4:15] pull your phones away from those microphones so we don't get that static. [4:22] » Okay. Do we have to motion to excuse absent members? [4:26] » Motion to excuse the absent members. >> Second. [4:29] » Moved and supported. All in favor say I. >> I. [4:32] » Any opposed? Okie dokie. Uh, one quick. So, we'd like [4:38] to thank everyone for coming out tonight. It's always so fun for us to [4:42] see our community engaged in what we're doing here at the city. As a reminder, [4:47] what we'll be doing tonight is reviewing the city of Gibralar zoning ordinance [4:52] amendments, chapter 44, zoning that the city has been working diligently on over [4:58] the past year and a half or so. Um, we will not be having any discussion on [5:03] data center tonight. And if you ask the commission any questions, they will not [5:07] be able to respond. We are working on the data center ordinance as a separate [5:13] ordinance amendment at the moment. Thank you. [5:15] » And it's currently held with legal, right? [5:18] » Yep. It's currently being reviewed by legal and going back and forth between [5:23] legal and our planning team. >> Got it. Um, [5:28] okie dokie. Do we have any public comment for this [5:33] evening? Uh please uh go ahead and step up to the [5:36] podium. Please state your name and address. Uh just as a reminder too uh [5:41] when we get into the hearing, it's three minutes per person that comes up to the [5:44] podium and >> and be professional. [5:46] » And be professional. >> So I live on 2887 [5:50] L Street. Um this is the most donkey brains decision [5:56] that this small community could do. Bringing in big government when you guys [6:01] have all basically failed on even managing small businesses is the worst. [6:09] One way for this is for example their legal teams are outfunded. So guess [6:14] what? Yeah. Endicon sued. Okay which is fine. I like that you guys got sued [6:19] because that's what they do. Every time you give them an inch they'll take a [6:23] mile. Do not bring this into here. We have two wildlife refugees over here. [6:30] Refugees. Okay. I'm just Yeah, I don't know what [6:33] the plural on that is, right? It's a It's a hard word. Okay, but I'm just [6:38] saying this is the donkey brains dumb disgusting idea. This is a small town, [6:44] sleepy river, Lake Eerie town. We do not need jet freaking kerosenefueled [6:51] turbine engines firing computers over here for you know [6:59] what they do with it. Okay, but this is not appropriate. [7:04] We don't want air pollution. We don't want them using our water. What they'll [7:07] do is they'll come in and say, "Oh, we're going to do a closed cooling [7:11] system." And then what they're going to do is they're going to overbudget. And [7:15] by that point, you gave them zero taxes. No tax back to us. No money back into [7:20] our coffers. And guess what? We end up with the [7:25] storm. Sorry. Apologize for my French. Uh where we have no tax base. We have [7:31] all the pollution. We have all the problems. We They suck our water. They [7:34] do it that we got kerosene fumes because the freaking DTE. Obviously, if you know [7:39] Gibralar, we have zero reliability with uh energy here, which is why I installed [7:46] a generator myself. They will destroy this community and [7:52] it's not worth the money. We have enough millage based off of tax base alone. [7:59] Please do not do this. This is the dumbest donkey brains idea that you [8:04] could ever think of is bringing big business into a city [8:10] that cannot even control small business like JPs or something. Okay. And Captain [8:16] Gyms. So why would you think that this would [8:20] be appropriate to bring in freaking multinational [8:24] multinational corporation basically? And by the way, that's how they do it. They [8:28] LLC and then they LLC and they LLC. So, you don't even know who you're dealing [8:33] with. And then they come in, you guys screw up. Guess what they do? They sue [8:38] the city of Jiala again. And do you think you have the money? Do any of you [8:43] have the money to defend that lawsuit? None of you do. And the city of Jiala [8:49] does not have it. Keep this a peaceful, tranquil [8:55] riverside lake eerie town like everyone wants. [9:00] Kick the data center out. Put it in the middle of the desert where it deserves [9:04] to be. I hope you understand this. I will not [9:08] stop fighting for this. Get this. Get it out. Oh, by the way, the closed loop [9:13] thing they always say closed loop like like I I know. I got this. By the way, [9:17] this wasn't me. This was this was not me. This was [9:22] another concerned citizen. Beautifully written. Everything's put down. But I [9:26] love the Actually, sorry, wrong piece of paper. I made my mistake. [9:30] » Just as a reminder, you're at the 3 minutes, but I'll let you finish here. [9:32] » I think you should give me 30 more seconds. But they say reporting a closed [9:36] loop system. That's what they always do. We're going to do a closed loop cooling [9:41] system. Hm. like Fermy. This is a bubble that's gonna burst just [9:47] like the.com bubble. And and by the way, why we live in Jibralter, Michigan. Why [9:52] are we uh why are we praying to Palo Alto, California? [9:58] » Thank you for your comments, sir. Thank you. [applause] [10:11] » Lenor Bolthouse, 30567 Young. I'd just like to go over some dates and different [10:16] things. I understand you're not going to talk about the data center, but [10:20] everything starts here with the planning commission, so I have to come here. On [10:24] March 9th, council set for set forth a morator moratorum to place access uh to [10:30] place the access of the potential data center coming into Gibralar. On March [10:34] 23rd, council agreed to have McKenna do to start a data center ordinance with [10:40] the planning committee. In that letter, McKenna stated that they would have [10:44] their first draft in April at the cost of them doing this would not exceed [10:48] $6,000. How much of that has been paid so far? [10:52] Planning committee meeting in April cancelled was on the agenda but the [10:57] meeting was cancelled. May meeting first time seeing the draft of the data center [11:02] ordinance. Okay, that's great. It you have to see the first draft. June [11:07] meeting, no discussion whatsoever regarding the data center and it's no [11:11] longer appearing on your agenda as unfinished business. It's always been on [11:17] there as new business, but it should be under under that as unfinished business [11:21] because it is unfinished. You did talk about it in May. July meetings [11:27] cancelled. August the data center still not on the unfinished business agenda [11:33] and we're only going and in August we're only going to discuss the MHDA housing [11:38] readiness incentive grant which is what we're talking about today. And that's [11:43] because what the grant money I know we got grant money for it and apparently we [11:48] are running up against a deadline that we have to have it done. It was just [11:52] said that we've been working on this uh ordinance since about a year and a half. [11:58] Okay, I'm sorry. I need to ask this question. Does it really take a year and [12:03] a half to do rewrite our ordinances? How much longer are we going to have to wait [12:08] for the data center ordinance? And please do not tell me that it's because [12:13] of the moratorum that no one's working on this data center. Where do I need to [12:18] go? Who do whose buttons do I need to push? I have to start with you guys [12:22] because I know the ordinances all come here first. So I'm not specifically [12:28] anger with you. I'm frustrated that I don't know where to go. Somebody tell me [12:33] where to go because I want to know where it is. I'm not waiting a year and a half [12:37] as a resident for a data center ordinance. [12:42] [applause] [12:57] My name is Jeffy Taylor. I live at 30669 Young. [13:03] I'm very upset with the proposal of the data center. [13:08] Um I haven't attended many civic meetings here, city meetings, [13:16] which is my fault. I don't know how long this has been in progress. [13:22] Um [13:26] I really feel that this is not a good thing for our city. [13:32] It's going to destroy our nature center that's just 500 ft away. [13:42] And if you don't think that's important there, people move here because of the [13:48] tranquility. They move here for recreation, water recreation. They move [13:55] here for the wildlife. They move here to get more in touch with [14:00] nature. I have never heard any data center [14:06] community that feels they're not affected by this. [14:11] I feel that we need more information. I feel that I don't know why this [14:22] wasn't allowed to be put on an election, a public election, [14:29] because we hire you. You don't hire us. [14:36] [applause] [14:41] We hire you to do a job to represent us. I can only see in the future along with [14:50] the noise and the compromise of the water which you may not think that's [14:57] important. We're in a we're in a global crisis and I'm sure you all know that [15:03] and this is not going to positively affect our water which [15:10] Michigan is known for. We have a lot of boat recreationists fishing uh people [15:16] that like to fish. [15:20] I have heard that this is just for financial gain for [15:25] the city. Whether or not that's true, I don't know. I would propose that perhaps [15:33] we work better on our budgets. I don't know how much the board is making. I [15:41] don't know how much the governor, the mayor of the city is making, [15:47] but in a family when you have problems with the budget, [15:52] you work on your budget. You don't go out and buy something that's going to [15:57] destroy the community. In the future, [16:04] I don't know if this is going to affect me. I am an older person, but in the [16:09] future, I can only see that should we bring these big data centers and [16:14] everything that destroys our community and our our our public waterways and [16:20] everything that we treasure about Gibralar. [16:24] Um, it's going to lower our property rates, [16:29] our property uh values. And with the decrease in [16:35] property values, [16:39] [sighs] [16:41] it's not going to be the same Gibralar. Um, it's going to be like [16:48] a mini Detroit or Ham Tramik. Property values are going to go down and [16:54] people won't care about our community. Um, it's it's just the way it's going to [17:01] be. Uh I have a lot of concern about all [17:04] this. I feel that [17:09] the public, the community hasn't given its due justice. We pay our taxes and [17:14] everything and we haven't been given our due justice [17:20] to investigate along with you. It's just this is how it's going to be and that's [17:26] that. So I really [17:32] I really hope that you would pay attention to this moratorum [17:39] because it's not an attack on the community and it's not attack on on the [17:44] board members. It is to say we need to have more information. We need to know [17:49] where we're going with this because we love our community and I'm sure you all [17:54] love your community too. Otherwise, you wouldn't work so hard to try to get [17:58] things done. So, my question is, why are we bringing [18:04] this here in the first place? Why do we need AI in the first place? [18:10] 50 years ago, we didn't need AI. And just because your neighbor has something [18:15] doesn't mean you have to have it. Do you know what I mean? Uh, [18:22] [applause] thank you. [18:26] » [applause] [18:40] » Hello. Um, my name is Laura Shunk. I'm a resident in Island Estates. Um, pro [18:46] probably about a half a mile from the data center. So, um I don't know if [18:51] you're aware of it or not, but there's currently [clears throat] [18:53] a lawsuit uh that's that's been filed in Dwajak against the data center there. [19:00] And the reason for that is because of the noise. The noise is constant. I I [19:05] just pulled an article up and the facility runs around the clock and so [19:11] does the noise. It says a constant noise that registers between 50 and 62 dB all [19:18] hours. A lawsuit has been filed with the US [19:22] District Court for the Western District of Michigan against the data center [19:27] company that created unlawful noise nuisance that has damaged the health, [19:33] property values, and the quality of life of residents near Dwajak. We all, and [19:39] what I've read, the little bit that I know, and I haven't researched it at [19:43] length, anyone within a mile to two and a half miles of these data centers is [19:48] affected by this noise. Constant noise. So, we have this beautiful, quiet [19:54] community that we all love, and we're going to throw it away for what, a [20:00] little extra tax dollars. I remember years ago they were looking at the same [20:04] thing with that dump and that that was all because they wanted more revenue and [20:09] more tax dollars. They were going to expand it and people smart people [20:14] stepped in and stopped it. And I don't want to see the same thing happen here. [20:19] This is this is not going to benefit the community in the short term or the long [20:24] term as a nation. Maybe. But we don't need it in our backyard. there are other [20:30] places that they can build these data centers. It doesn't have to be right [20:33] here within a mile, less than a mile. And then the the um refuge too is [20:41] another thing. You know, that's 500 feet from this place. So, it just it makes no [20:46] sense to me at all. [snorts] And maybe you all can help us understand [20:51] how this is going to work, but it doesn't seem feasible to me. Thank you [20:55] FOR YOUR TIME. [applause] [21:01] » [applause] [21:04] » ANTHONY Arminiac 30003 3033 MAR. Uh first question I have is on the downtown [21:11] waterfront overlay district. I there's nothing to address in the ordinances [21:15] that we need an environmental impact statement. This is adjacent to the [21:20] Detroit River as well as adjacent to the Detroit International Wildlife Refuge. I [21:25] think it needs any development on that space will need an impact statement [21:29] environmental. We also need some proof of environmental compliance on certain [21:34] uh things such as part 31 of the water resource protection of the natural [21:38] resources and environmental protection, part 91 of soil erosion and settlement [21:43] control, part 301 inland lakes and streams, part 303 wetlands, and part 365 [21:51] endangered species protection and any other laws that apply to that because [21:56] anything that you do on that space is going to have a direct impact on both [21:59] the wildlife life refuge and the Detroit River and the canals. The other question [22:04] I have is on the Riverwalk. It does not clearly state who's responsible for the [22:10] project. Will this end up in the DDA responsibility or is the [22:16] uh the individual um property owner responsible for the riverw walk? Who's [22:21] going to maintain it? Who's going to be liable for it? And make sure all the [22:25] safety precautions are put into that riverwalk. [22:29] Regarding the M1 district, I think we need to probably consider some adding [22:34] some other things in there. Um, such as maybe commercial green houses uh need to [22:39] be uh looked at as a possibility for that because that's a new coming thing [22:43] that we kind of need. In the M2 zone, I would look at again some of the ones [22:48] that we had in the previous zone, large scale utility, solar farms, uh public [22:53] owned buildings and public uh uh buildings and telephone exchanges, [22:58] things like that. Um there was also the shipyards at one time for manufacturing, [23:02] repair and loss since for boats. Uh sanitatory uh sewage systems, water [23:08] plants and electric power generation and again adding in commercial green uh [23:12] green houses. Uh add in the new technology of battery energy storage [23:17] systems and the advanced automation green tech assemblies. Thank you. [23:23] [applause] [23:30] Hi everybody. I'm Carrie Valadz, 29925 South Jib. So what I'm hearing from a [23:37] lot of like the constituents here is that there's lack of transparency even [23:41] with this meeting here tonight. You have to go digging and lurking around to be [23:47] able to find what you're looking for. And what I I don't really understand all [23:52] of this how this works, but we're reviewing our overall ordinances, [23:56] not just the data center ordinances. So why aren't we making modifications [24:00] within these current ordinances now that would control some things that we are [24:06] fearful about with the data center such as noise? I think our decel rate I mean [24:11] we only had a very short amount of time and it took me getting it from Mr. [24:15] upholdser who isn't even here tonight. To be able to review 181 pages in two [24:20] days is a lot to ask citizens to pull a thoughtful discussion and decisionmaking [24:25] into how our communities running. This is a huge lack of transparency. You guys [24:29] won't answer questions. You meet in the dark. We understand that you guys can [24:34] have your off-site meetings, but we should understand what's going to happen [24:37] with our lives moving forward. We should understand what's going to be in our [24:41] backyards. I mean, it's some of you won't even look at us as we're talking [24:45] up here. It's very rude actually for us to take the time out of our evening to [24:50] come and speak to you about the community that we care and love and we [24:53] don't even have some of your attention. That's all we're asking for is [24:58] transparency. And I that's what I don't understand is why aren't we given time [25:03] to address the needs of the proposed data center in our current ordinances [25:08] that M1 and all that district overlay now. And I mean right now you guys are [25:13] looking to sell out the marinas basically with adding living space. [25:17] Well, you have you just like all of these other companies that we're dealing [25:20] with. You give one an inch and they're going to take them out. What the hell's [25:23] going to be over here? I mean, we're not even going to want to live here anymore. [25:27] Neither is anybody else. >> [applause] [25:34] [cheering] [25:42] » Okay. Any other public comment? >> All right. [25:47] » I do. [25:54] My name is Paul Lavin and I live at 13442 Grand View Drive. Been here for [25:59] about 45 years. We open this up just now. I mean, I've never come to a I've [26:05] come to one council meeting about water about 50 30 years ago. Um the meeting [26:11] started out with we didn't want to talk about the data center, but yet I'm [26:16] sitting here and that's all anybody wants to talk about. And I I just can't [26:22] help but to think I've been a union rep where I work for over 20 years. And it's [26:27] my job to support the people that I was responsible for that I represented. And [26:36] all that I'm hearing and all that I ever see when I read the social media and [26:42] when I talk to my neighbors, when I talk to people around here is how much we [26:46] don't want it. It's bad. you I read I've read so little positive about it that [26:53] it's kind of scary and like all of you guys were voted in to protect our [26:58] interest and to help us when some big entity like this comes to try to take [27:04] over and that's all I'm hearing is people are trying to appeal to you to [27:12] please don't let this come here nobody seems to really want it and even though [27:17] it might generate some more tax revenue. I think what I'm hearing is please, even [27:24] if we don't have all the fancy newest technology that every other that that [27:30] that that Bloomfield Hills has, I think that we'd rather have a simple life and [27:36] be clean and safe than to have something like a data center that we really don't [27:42] know what it's going to do to us and our wildlife and our community. And that's [27:48] just all I'm hearing. So, thank you. [applause] [27:56] [applause] [28:01] » Okay. Next, we have uh approval of the agenda. [28:06] » One more statement. [28:13] » One more. >> Do we have a hand [28:16] » for public comment? Don't like as in like did any of you [28:20] guys like do you really want >> We can you can we can only do one [28:24] comment per person per public comment >> just to be fair to the [28:30] » I'm just saying no one here is in support of the data [28:37] center. You are also elected officials that are [28:42] subject to repeal. We're not elected, but let us carry on with the meeting. [28:47] We're going to follow so that we're consistent in our meeting. [28:49] » I will sit down, but >> thank you. [28:50] » No one here is in support of the data center. [28:57] [clears throat] >> Okay. [29:02] » How did you get your job? >> You're appointed. [29:04] » We're appointed. >> You were appointed by who? [29:07] » We're appointed. >> The mayor appointed you. [29:12] Uh it's depending on the timing. Many mayors. [29:17] Um next we have approval of the agenda. >> Motion to approve the agenda. [29:23] » Second. >> Moved and supported. All in favor say I. [29:26] » I. >> Any opposed? [29:29] Uh next item five, we have discussion and review of the city Gibralar zoning [29:32] ordinance amendments chapter 44 zoning. Uh [29:37] do you have updates from previous? I can go over some notes that [29:42] um I put down really quickly. >> Yeah, if you if you make the through to [29:48] the chair I can just kind of give a recap where we left a recap where we [29:51] Yeah. And then we can jump in. >> Sure. [29:53] » Okay. Uh good evening commission. Good evening public Donovan Smith. Um so at [29:57] the last >> your phone [29:59] » Oh, sorry. [clears throat] >> At the last planet commission meeting, [30:03] we reviewed the last two changes. >> Do you want to present your presentation [30:07] » after the discussion? I think Oh, yeah. after we start this work. Um we left off [30:12] with two changes uh as it relates to storage of vehicles you during the [30:18] winter hours if I'm correct and also for the changes to the waterfront overlay [30:24] district and that reszoning process kind of overall. So, within the current draft [30:30] that I sent you first, I just want to kind of go over what that process is u [30:34] for the waterfront overlay district and let me just pull it up here. [30:45] Um, so this would be section 3.21, the downtown waterfront overlay [30:50] district. So, currently that district sits as an overlay. So there is a [30:56] underlining district and then the if you want to allow what this uh overlay does [31:02] is when you want to have public access improvements. If you want to allow a [31:06] resoning in exchange for public access improvements to allow residential units [31:12] above the first floor, which was the core of of the objective of that [31:16] ordinance, a couple things need to happen. The reasoning is one process and [31:22] your site plan approval is a different process. [31:25] The way this describes that process, they would come to you for a preliminary [31:29] site plan. You would get all the details about what the project is supposed to [31:34] be, how the public access is supposed to work, what the unit mix, what the layout [31:40] of the site and development will be, and you can discuss that at a preliminary [31:44] site plan level. That process is already currently in your current ordinance. So, [31:49] we're just saying you can apply it to this situation [31:52] at that time. Once you make all your initial determinations, you can make a [31:57] preliminary site plan approval with conditions. One of those conditions are [32:02] that they do a development agreement ultimately throughout uh with city [32:06] council and they do a public access agreement. And then you can add other [32:11] conditions to the site plan at that time. And then the last condition is [32:15] they have to go through the resoning and actually require the downtown waterfront [32:20] overlay district. So it's site preliminary site plan conditions one of [32:26] those conditions get your reasonzoning and then you kind of close that phase of [32:30] the work then you start the reasoning process to do your standard resoning [32:37] that goes through here public hearing recommendation city council approval [32:41] that preliminary site plan still stands and if they are approved for the [32:46] reasonzoning then everything you discussed prior to would be standing as [32:50] they go forward. So everything in that initial site plan, the development [32:55] agreement, the public access plan, all of that would go forward through uh from [32:59] you, I'm sorry, from you to city council at the end of that process. And and [33:04] that's essentially the whole process. Whereas where it kind of reads before [33:09] and the kind of challenge with administrating it, it said do the [33:14] resoning. You'd get the resoning, but nothing guarantee guarantees that you [33:18] kind of get the product that you asked for. Um, so what this does is it gives [33:22] you that preliminary site plan process. You can flush out all the hairs and [33:27] needles and then say that's what we're approving and then go get your resoning [33:31] and then you can address the reasonzoning individually and not [33:34] conflate it with the site plan process and then I guess I'll pause there for [33:39] questions. I'll just comment like I mentioned the [33:44] last meeting and I think there was some discussion amongst the commissioners the [33:52] the thought or plan has existed in the city plan for a while as Jeff had [33:58] mentioned. However, allowing that has never existed in the [34:02] ordinance. So by approving that change in the marine district, we would be [34:10] adding the capability for that to exist there, which currently does not exist as [34:14] an ordinance only in the city plan. The ordinance is the last line of defense [34:19] for expanding that. That's my thought on it. So I just I wanted to make that [34:23] clear because that was like that's a discrepancy [34:26] from what we said last month. It's not it's not ever been in the ordinance. [34:30] It's been in the site or in the city plan like the future plan. [34:34] » It actually is. Correct me if I'm wrong, Donovan, but section 44895 of the city [34:40] ordinance is the downtown waterfront overlay district [34:45] which was brought into the city ordinance in I believe [34:50] 2013. >> Yep. [clears throat] [34:53] » And what was the discussion that we had the last time we brought it? So I [34:57] believe a lot of the discussion at our last meeting was some of the changes [35:03] [clears throat] >> that were [35:04] » it's the bill. Oh, it's the >> it was the residential [35:06] » above the residential above change. >> Y [35:08] » yes >> cuz currently um see if I can double [35:12] check it here. >> That's the change that's really [35:14] » Yes. And >> the only concern anyways in my opinion [35:17] but that's what we're here to discuss. >> Yep. So, as currently constituted in our [35:24] zoning ordinance, um, if you look at K, it says that, [35:34] uh, oh, wait, I just lost it. Sorry. >> Yep. I have it here if you want. [35:37] » Thank you. Go ahead. >> So, under K, building height [35:40] requirements and bonus to get the building height bonus, the exchange was [35:45] to allow residential units above. Currently in your current draft for the [35:50] waterfront overlay district, it does allow residential units on the upper [35:54] floors. So the question during the last meeting was do we want to keep that or [35:59] there was question should we take it out and not allow residential units above it [36:03] at all. It's currently within your ordinance. The improvement you get in [36:07] this draft is the process that kind of gives you a bit more teeth into getting [36:12] that final product that you want. But the current doesn't [36:16] » we give me one second. >> It's actually under M permitted uses. [36:20] Keep going down. >> Yeah, it's under that second table. [36:25] » You [36:29] say residential uses. [36:35] » What page is that? >> Page. [36:39] » Oh, it's not in there. We're in the ordinance. [36:41] » Oh, yeah. If you pull up the zoning ordinance, [36:45] just type in water overlay district. >> Okay. [36:48] » Click on that section and scroll to the very bottom. [36:52] » Yep. Section 44-895 subm [36:57] is permitted uses in the waterfront overlay district. Currently, those are [37:02] all the uses permitted in the C1 district. boat, libraries, marinas, [37:06] retail sales, uh buildings and uses customarily accessory to other uses, [37:12] publicly owned buildings, residential units on upper floors of buildings, [37:17] professional offices, restaurants, bars, canoe and kayak facilities. [37:21] » What was our who else was on here? What was our previous discussion that we had [37:26] like a year ago then when they came that was the discussion was allowing business [37:31] commercial on the first floor and residential [37:35] on the second floor. We deferred the discussion and then it came up at the [37:39] last meeting 10 months later. [37:44] So, I wasn't here. >> I I don't I can't remember the [37:48] » I wasn't here for that discussion, but I do I believe I recall what building [37:53] you're talking about. And I think part of the problem was with the water [37:57] overlay district, this commission has to approve that [38:03] applying to any building. So it it's not necessarily okay. It's automatically [38:11] zoned to have residential in the second floor. It has to go through the process. [38:16] And the changes that McKenna is recommending to us is to tighten up that [38:20] process to make sure that no one can skip steps and the planning commission [38:26] has more control throughout that process >> than current. [38:30] » Yes. And if I recall correctly, again, I wasn't here, but learning about it after [38:36] the fact, it wasn't something that was initially coming through during like the [38:43] building stage. It was an after the fact, hey, there's residential units [38:48] there. How do you want to handle it kind of deal? [38:51] » Yeah, pretty much. Um, [sighs] [38:56] okay. And then if I may add through the chair, this is also in exchange for the [39:00] two additional stories. So if you want the two additional stories, the exchange [39:05] was the public access and the residential or the uses that come with [39:11] the overlay >> which requires the [39:15] riverfront walk and all the other stuff. >> Yes. [39:18] And and that's why this at least this over overlay is a little unique because [39:22] it the intent of it is to provide uh public access. whereas other overlays [39:28] kind of strictly just permit additional uses. This one and that's why you have [39:32] to have the development agreement and the public access components. So as you [39:36] go through that process, you're you're hitting all those boxes. [39:39] » So it still allows public access access so folks can see the river and [39:43] » yes, >> etc. [39:45] » Have to a couple concerns about the public access and the riverwalk. [39:49] If someone was going to come in and develop that all at once, then the [39:53] Riverwalk would probably look nice. But if we have um developers that come in [39:59] sporadically and develop the Riverwalk's going to kind of be a mismatch and who's [40:05] responsible for that riverwalk. I don't think we've really discussed that in [40:09] detail. I mean, are the the owners of the building going to be responsible for [40:14] the riverwalk? Does the city What about snow shoveling? you know who's gonna get [40:19] are they gonna >> that's some of that stuff that I [40:23] » I have some do you want to keep going or do you want me to cover some of the [40:25] stuff that I >> I can answer that one and then we'll go [40:27] to yours. Okay. >> So through the chair so currently [40:31] » in that initial step the ordinance in in most cases won't address all of those. [40:36] You will have to go through the development agreement to identify [40:39] because that's going to have to be a a give and go with staff the [40:43] administration and the property owner or the developer. So that will get [40:48] addressed in your preliminary site plan phase. So before you get into the [40:52] resoning, before you get into your final site plan, you can have those initial [40:56] conversations publicly with the the developer or property owner about [41:02] access, uh, maintenance, you know, what this property, how is it going to [41:07] function adjacent to this property? That does give you the opportunity to have [41:11] all those conversations. >> I thought that's what we were trying to [41:13] get away from. I thought that part of the reason we wanted to get this in [41:16] writing was so we could say yes your sidewalk will be like this you'll the [41:23] maintenance will be done by this person you know versus let's negotiate this I [41:29] thought that's what we were trying to get away from so we had guidance in [41:33] place >> in your current ordinance you didn't [41:38] really have the the process to to do any of those things so now you have the [41:43] process to ask those questions and get them included within the plan itself. [41:47] » Ask those questions versus >> standards. [41:51] » What you're getting at is what I brought. So, I I sent uh some notes. I [41:56] broke it into five categories of things that I think should be included in the [41:59] ordinance. Um the first one's fis a fiscal impact review. So, before final [42:05] approval, this would be included in the ordinance in my opinion. Uh before the [42:11] final approval of the zoning map amendment, require the applicant funded [42:14] information, projected taxable value, property tax revenue, the impact to [42:19] police, fire, DPW, water, sewer, required public improvements, any [42:26] requested tax abatement type stuff um or city obligations. So that would be like [42:32] one line item that you would add in there. Another one would be like require [42:36] the planning commission and city council to consider whether requested overlay [42:39] benefits are supported by the identif benefits such as increased taxable [42:44] value, public waterfront access, infrastructure improvements. Um we would [42:49] add in a development agreement. So require city council approved agreement [42:52] when a project uses the overlay incentives or creates a public access [42:57] infrastructure phasing maintenance or financial obligations. The agreement [43:01] should identify the timing, the easements, and the continuing [43:05] responsibilities. The next one would be cost and [43:08] maintenance. So state that overlay approval does not obligate the city to [43:12] construct, finance, operate or maintain the project related improvements unless [43:17] city council agrees uh expressly agrees in writing and then [43:23] a traffic review. So like traffic impact study which is part of site plan kind of [43:28] but to your point and it's probably a [43:34] an overstep but with all the things I put here but in my opinion like I [43:38] mentioned last month for me to make a decision on an ordinance that could [43:41] potentially impact the city and either be a taxable gain to offset tax gaps we [43:48] have it's tough for me to make a decision on an ordinance if I don't know [43:51] if we're going to actually like if it's going to be posit positive or negative [43:54] for the city. Um so [43:59] recommend adding a fiscal financial review before the overlay resoning [44:03] approval. Require development agreement. Clarify riverwalk ownership so that we [44:08] know who has to take care of it after it's built. And then confirm the project [44:11] related infrastructure costs are not shifted to general taxpayers. [44:17] Those are the things that I wanted added to it. And I agree with you. Now, after [44:23] talking, it does add another layer, but to Maryanne's point, it's not explicitly [44:28] documented. So, let's say tomorrow Garrett's like, "You suck at planning [44:32] commission. You're not here anymore." Uh, I'm joking kind of. Um, then someone [44:38] else will be here, right? Or if anybody shifts, if we don't remember that down [44:42] the road, no one will ask the question in the site plan review or going to city [44:46] council. So if it's not explicitly documented as a process, it doesn't [44:50] exist in my opinion. That's that's just the way that I think about stuff. So I [44:54] would have it defined so that we can make sure we're doing it. [44:59] » Okay. >> What happened? I mean, we know we've had [45:03] a hard time in JIB to bring small businesses and then keep them alive and [45:07] sustainable, right? We got a bunch of empty buildings. Businesses now they [45:11] come in. So, we get businesses, we build the residential, then the businesses go [45:15] under and you got a bunch of empty commercials. Is there nothing in the [45:19] ordinance that controls that or I think the first thing they do is come back and [45:23] say, "Well, we can't get businesses, so I want to put more housing on the first [45:26] floor and get away from commercial." That's probably be the first thing after [45:31] a short amount of time. It's tricky because you got to build it in a way [45:34] where the business can evolve to make money but at the same time doesn't [45:37] change the >> culture of the city and the impact [45:40] impacts like all the resources we have. It's a [45:44] challenge. >> Yes. [45:46] » At the same time, if they close, you still get they still have to pay [45:50] property taxes, right? Technically, it just looks bad. [45:56] » Yeah. [46:01] Go ahead. Do you want to share your presentation or is there more [46:04] discussion? >> I can respond to your five points. Um, [46:08] so for the fiscal impact, you could fit it in your uh site plan approval [46:15] standards for the overlay as a recommendation going for in the process. [46:21] And the reason why it would have to be a recommendation [46:24] is because for for within what you're permitted to review within a site plan, [46:29] the fiscal impact starts to creep on just outside of that. And and that's [46:35] that's the challenge in trying to require traffic impact studies are a [46:39] little different because that is directly included within the site plan [46:43] elements. the fiscal impact. I would say you can include it as a recommendation [46:47] for consideration in the development agreement. And I can fit that language [46:51] in here pretty explicit. >> You can put it in there. [46:53] » I can put that in there because that says when you go through your [46:56] preliminary agreement and you require a development agreement, which it does say [47:00] is required in that you can request city council include a fiscal impact study. [47:07] That is doable. and through the chair. I thought we were going to see that [47:11] » on this copy. >> I thought that was already a given that [47:16] that was going to be updated. >> That sentence is the only thing that's [47:19] not in there. All the other aspects are in the current draft because we're we're [47:23] just discussing it now. So, that specific sentence that I can require uh [47:27] the fiscal impact to be included in that development agreement as a [47:31] recommendation from planning commission, city council, I can put that in. They [47:34] couldn't put it in with me sending it without discussion of [47:38] » the broader group, which is good. >> Um, [47:44] and then what about the cost and maintenance? So that like [47:47] » cost and maintenance is spelled out in your development agreement [47:49] » that they're required. >> Yes. [47:51] » To handle all of it. >> It's to be sorted out in the development [47:55] agreement because it right now you don't know exactly what that is. So if you say [48:00] yes, they have to do all of it. you I just don't know what that exact case may [48:04] be when it comes about. >> Well, I think this is where it's like, [48:08] you know, >> it's tricky. I mean, and so the public [48:11] knows like we're not uh we're not elected [48:15] people in this board, city council is um not everyone went to school for being a [48:22] planning commissioner and things like that. So over time, you gain knowledge [48:25] of doing it. My concern is if it's not clearly documented what folks should do [48:31] for the betterment of the city, then if you have the wrong folks there, nothing [48:36] against them, they may not know. So then you could skip something and then you're [48:40] stuck with what you have, right? So I like to have it listed. [48:43] » And I get that that's probably not standard across cities, but in my [48:48] opinion, that's the way that you set a standard and it sticks for many years. [48:52] other otherwise it'll be like you know eventually we'll change right [48:58] » and I I can uh respond to that and then I'll read just this this subsection [49:04] » um it says the develop this is under development agreements within the [49:07] waterfront overlay the development agreement it shall incorporate the [49:10] applicable conditions of the site plan approval which is that preliminary we [49:13] discussed address the design construction timing phasing completion [49:18] maintenance and inspection uh of the required public access impro access [49:22] access improvements, uh, responsibility for construction and maintenance such as [49:27] improvements and dedication of granting and required easements or other public [49:31] interest. All that would be required in your development agreement [49:35] » to discuss, but it doesn't explicitly say that the builder or investor is [49:39] responsible for those. That means that if at some point planning commission or [49:44] city council could say the taxpayers could be responsible for a portion of [49:50] the investment in a property that someone bought [49:54] » if council chose to agree to that in that development agreement. [49:58] » So this is our opportunity to >> not allow that. If you were to say it [50:03] has to be 100% provided by the paid for by the private side, [50:10] » would we ever would I don't know >> like would we ever [50:15] » you don't know just yet. >> And the reason if you put it in, you [50:20] can't have the other situation because you've outlawed it. If you say it has to [50:24] be 100% private, everyone has to be private. And if there is a situation [50:29] where there's a tradeoff or a benefit, you really can't explore it because [50:33] you've locked yourself out of the option. If you leave it open, it still [50:38] has to go through public discussion and legal review and here and that either [50:42] way. >> That's fair. [50:43] » I mean, if it's 100% private when they have the decision what it looks like, [50:48] could you have the city council say it looks like this and we want gold handles [50:52] and that's going to be on the developer or would the developer take full? That [50:57] would be a part of the negotiation. Once you get into that development agreement [51:01] phase, it is a negotiation. [51:06] » And and this ordinance doesn't necessarily create a full blown out [51:10] development agreement ordinance. It just says in this case when you want to do an [51:14] overlay, you have to do a development. So ultimately without opening [51:19] » forcing the development discussion, what we include in the development discussion [51:22] are recommendations. Ult I'm sorry because ultimately it has [51:27] to go to city council and they make the final decision. You'll make a [51:30] recommendation >> of all the things that should be in it [51:33] but ultimately is city councils cuz they're going into an agreement with the [51:36] developer for public access. >> Okay. [51:43] » Um another piece we also discussed were changes. So if there is a change to a [51:48] site plan uh after you've approved it within the overlay that comes back to [51:51] you as well. [51:55] Um, and those are all the changes. The last piece, uh, let me go here to our [52:00] table. [52:03] Um, in your table of permitted uses, so this is page 31. If you're looking at [52:08] the draft itself, there are a few uses that we missed. Um, marinas, we caught [52:15] we caught that at the last meeting. I think one of the commissioners brought [52:17] that up to me. Um, accessory buildings and structures and uses. I highlighted [52:23] these in yellow. Um, so if we could kind of populate that one. Hotels and lodging [52:29] facilities and laundry and dry clean establishments. Those are the last three [52:34] that we missed. [52:38] » Bless you. >> Do we want to [52:44] » down on page >> and it starts at 32 actually. [52:48] » Down on 54 though. I think you'll have to add marinas in that section also [52:53] » to the big table. >> C3 marina commercial where it says [52:56] permitted uses special accessories. >> I gota [53:00] » just it's more detail over the [53:06] » I guess I guess we didn't I mean that's up for discussion also, right? Do we [53:11] want to include hotels and lodging as a permitted use? Is that that's what we're [53:17] saying, right? >> Yes. [53:19] I'm a pretty heavy no on that one personally [53:23] » and and you if you don't want it at all, I would just remove that line all [53:27] together. >> I mean, it's a discussion with us, [53:29] right? I But I >> I would agree with you. [53:33] » I'm a pretty I'm a I'm a big no on that one personally. Um [53:38] » that might be why it's not highlighted. It was probably a discussion item we [53:41] never got to. [53:50] Oh, I see. [53:58] » I added Marina to that C3 table. [54:07] » Do we Do we want that in there? Should Do we have to [54:13] You you can do a motion to remove hotels and lodging facilities [54:19] as a permitted use in its entirety. >> You got to talk a little bit louder, [54:25] please. >> Oh, I ap I apolog. [54:30] I'll make a motion to remove hotels and lodging from the proposed [54:34] » permitted uses of the C3 overlay district [54:38] » or in in its entirety cuz right now the way [54:42] » it entirety >> I'll second that. [54:47] » Moved [snorts] and supported. All in favor say I. [54:51] » I. >> I. [54:51] » Any opposed? >> Okay. [54:55] » Okay. I feel better now. Do you want to do the same for laundry and dry clean [55:00] establishments? [55:04] » I don't. >> They might need that as a business [55:06] underneath the [laughter] >> Yeah, they might need that at the bottom [55:10] of the >> residential [55:12] » thing if we do that. Yeah. >> Yeah, we should. I would think we'd [55:16] remove it. I mean, it's close to the water. You don't know what'll happen [55:21] with any toxic >> runoff [55:24] » chem runoff or chemicals they use there. >> So that would have to be a motion [55:28] specific. Someone would have to make a motion specific to the C3 Marine Overlay [55:33] District to remove >> No, this is just in general. So this is [55:37] just >> Oh, this is the full general one. [55:39] » Yeah. Okay. >> So you can either add it to C1, C2, C3. [55:44] You can add it. >> We have to make motion it because this [55:46] isn't approved yet. So why do we have to make a motion to remove [55:50] » just to get agreement >> collective agreement [55:53] » through the chair? I apologize. >> Yeah, I'll make a motion to remove [55:56] laundromats from the C3 Marina Overlay district. [56:00] » From the entire ordinance, not just the C3. [56:03] » Yeah, it's from the entire ordinance. Sure. [56:05] » Well, that that means they can't do it anywhere else. That's what [56:08] » correct. Do you want it removed where like someone couldn't buy [56:12] a bank and turn it into a laundromat or do you want it where it just can't be [56:18] underneath the C3 overlay or in Humbug? >> Well, I know there's they use a lot of [56:25] chemicals in mats. Um, I mean, I would make the motion so we [56:30] don't have a laundromat throughout our ordinance [56:35] if that's if everyone is in agreement with that. If not, then I would go for [56:40] just the C3 overlay Marina district. [56:47] » For the entire city. Okay. So your motion is to laundromats as permitted [56:54] use >> throughout the city. Correct. [56:58] » Dry cleaners. >> Dry cleaners. Yes. [57:03] » Any other discussion? >> I [57:08] I'm just thinking of like the other parts of the city like over by the [57:12] um Dollar General there's the vacant building that used to be like the [57:17] veterinary clinic like 20 years ago. Dennis, [57:20] » I don't know if you could separate dry cleaning from laundromats. Laund mats, [57:24] someone's washing machine breaks down or they don't have one and they go wash [57:26] their clothes like all of our houses do on a daily basis. [57:30] » I don't think it's any difference whether your business now dry cleaning, [57:32] yes, there might be chemicals, but to say it to remove laundry mats, [57:37] » it's just not feasible to support. [57:43] » That's up to the business owner, though. >> If I could open it, I could come in and [57:47] open it. If I go broke, I go broke. >> Yeah, that one doesn't really [57:50] » Doesn't the marina already have washers and dryers [57:54] where the men's and ladies room are in that building there? [57:56] » I don't know. >> It's probably a good point. I'm not [57:58] sure, but possibly. But I'm not against washers and dryers, everybody. It's not. [58:05] » Yeah, [laughter] that one doesn't bother that one doesn't bother me too much. We [58:08] have to >> Yeah. [58:10] » I mean, we all put in the same gray water sewers and and everything like [58:13] that. I can see if they're dumping it on the ground, but [58:17] Yeah, I remember >> and uh yeah, [58:21] » it what I could recommend if you wanted to allow them in in some limited [58:25] capacity uh to allow them in the C1 district, [58:29] which is your least used commercial district, you really only have it at the [58:33] intersection of uh Jefferson and Jialter, I believe, and there's one on [58:39] Gibralar. Um, I would not recommend it in your C3, which is your marine [58:43] district, and then you have a lot more C2 general commercial, um, which may add [58:49] more of it or allow more of it than you may initially want. So, if you did want [58:53] to allow it, you could leave it as a permitted or special land use in the C1 [58:59] district that allows it if somebody wants to make it work. [59:03] » That's a fair compromise. That's fair. >> But not for a dry cleaner. effort dry [59:09] cleaner. >> Laundry mates don't bother me as much as [59:13] a dry cleaner does. >> Understood. Is Is that the agreement to [59:17] allow >> someone would have to make a motion? [59:21] » Already on the table unless you'd like to amend your motion. [59:26] » Well, we didn't vote on it. So, um you want to vote on it and then if it [59:30] doesn't pass, I'll amend it. >> Moved in. So just for clarity, Maryann's [59:37] original amendment was to remove laundry and dry cleaning from all [59:43] districts >> as a permitted use. [59:46] » As a permitted use. That's what we're voting on right now. [59:49] » Both laundry and dry cleaning. >> Yes. [59:51] » That's for everywhere. Moved and supported. All in favor say I. [59:57] » I. >> Any opposed? [1:00:01] » Okay. Let me call. >> I'm I'm Okay. Okay. Baker, [1:00:05] » no. >> Bil, [1:00:07] » no. >> Cox, [1:00:08] » no. >> Hutchinson, [1:00:11] » no. >> McCarthy, [1:00:12] » yes. >> Hyatt, [1:00:14] » yes. >> Dicks, [1:00:15] » nope. >> Thank you. Amen. The motion for just the [1:00:19] dry cleaning to eliminate a dry cleaners from being able to establish business in [1:00:27] districts [1:00:31] in all districts. Yes. [1:00:37] I don't know what's going on. [1:00:46] » Can you say that one more time? I'm sorry. We [1:00:48] » making a motion to eliminate the use of establishing a dry cleaner in any of the [1:00:53] zoning districts that would allow for that. [1:00:58] » I could second no dry cleaners. >> Moved and supported. All in favor say I. [1:01:03] » I. >> I. [1:01:05] » Okay. >> But that's [1:01:07] » Any opposed? >> No. [1:01:09] » Opposed. >> I'll call the vote. Baker. [1:01:12] » No. >> Bill. [1:01:13] » Oh. >> Yes. [1:01:15] » Pax. >> No. [1:01:16] » Hutchinson. [clears throat] [1:01:20] » Um, no. [1:01:22] » McCarthy. >> Yes. [1:01:24] » Hi. >> Yes. [1:01:27] » Yes. [1:01:33] I'mma get us there >> because it doesn't include the [1:01:37] » I'm I'm following. >> Y [1:01:38] » it's not specific to the marine. >> It's not specific to anything right now. [1:01:42] Right. >> I'mma get us there. [1:01:47] [snorts] >> Passed. [1:01:50] » It passed. Okay. So, if I may just to clarify, so what that established is [1:01:56] that we don't want dry clean establishment. So, that's clear. Now we [1:02:00] have to address where we want uh laundry facilities. The recommendation was to [1:02:06] allow them as a permitted use >> by right in the C1. That's my [1:02:11] recommendation. >> Make a motion to allow laundry mats in [1:02:14] the C1 district. [1:02:22] » Moved and supported. >> All in favor say I. [1:02:25] » I. >> Any opposed? [1:02:28] All [1:02:30] right, we got through this. >> Okay, I I was going to get us through [1:02:33] it. >> Take that as a win. [1:02:35] » All right, and the last one uh is accessory buildings and structures and [1:02:40] uses. Uh that one is currently and that's the first one. So, I just want to [1:02:46] jump down um just kind of save conversation. Starting at section 309, [1:02:52] it currently outlines the districts that allow accessory uses. So 309, 310, 311, [1:03:01] those individuals tables currently do that. So I don't think it's necessary to [1:03:06] either have it as a line item in the table of uses because the individual [1:03:11] descriptions of what's permitted for accessories is in that table. I can [1:03:15] either remove one from the remove the table item or I can make the these uh [1:03:21] individual sheets match that table. They both will eventually say the same thing. [1:03:26] This is because it's listed in the actual zoning in specific areas. [1:03:31] » Yes. >> Yeah. It's in [1:03:33] » and it's already described there. So instead of us going through that motion, [1:03:37] I could just take it as it's described and just make it match that row [1:03:41] » and that kind of makes this a little easier. [1:03:44] » So it would be gone out of the table is what you're saying. [1:03:47] » I could leave it in the table and make it match. [1:03:49] » Oh, you're saying make it match with where it's allowed. [1:03:52] » Yes. >> Oh, [1:03:53] » I don't have any issue with that. It's the same ones that have been there for [1:03:57] » correct. It's the same ones. >> I also think that would make it more [1:04:01] clear to our residents if they could just reference it at the table. [1:04:05] » Yeah. >> Instead of having to [1:04:08] » and and currently accessory buildings, structures, and uses are permitted in [1:04:13] all the districts where where appropriate. [1:04:15] » Yep. And then there's more specific writing around setbacks and all the [1:04:18] other stuff. >> So it would just be a P going all the [1:04:21] way across. So maybe just to clarify, the motion would be to permit accessory [1:04:26] buildings, structures, and uses across all districts as described. [1:04:31] » Yeah, I'll make a motion to allow accessory buildings and structure [1:04:35] structures and uses in all districts as described in the following ordinances. [1:04:40] » Correct. [1:04:44] » Motion to approve accessory buildings, structures, and uses in all districts as [1:04:48] described in the following ordinances. [1:04:54] We need support. >> I'll support [1:05:00] » moved. >> Um, you said in the following district [1:05:05] » in all in all districts listed in the following ordinances [1:05:11] because in the specific ordinances it gives you the setbacks and all the Yeah. [1:05:14] » So, we could probably word it somehow. Instead of the word following, do you [1:05:17] want to change it to um just listed in the amended ordinances or [1:05:24] » the allowed? >> Yeah, the allowed ordinances. [1:05:26] » In the allowable ordinances. Yeah, that's fine. [1:05:29] » That way Katie doesn't have to write out the ordinances as following. [1:05:33] » Yeah, that's extra. Don't do that. >> Okay. Moved and supported. All in favor [1:05:39] say I. >> I. [1:05:40] » Any opposed? >> Okay. [1:05:43] » Okay. Thank you, commission. That handles all the remaining edits to the [1:05:48] ordinance. Um, >> um, I found a concern I have on the [1:05:52] draft zoning map. Do you want me to bring that up now or after your [1:05:56] presentation? >> That was that was the one we talked [1:05:59] about earlier. The schools are one's a C2 and one's a [1:06:03] » Let's do Let's do it now. I can catch it now. [1:06:06] » Okay. So So what I saw when I looked at this map, okay, R1 is light yellow and [1:06:11] R2 is medium yellow. So they kind of blend. So unless you really look at [1:06:16] this, you might not notice >> that they took a lot a chunk of houses [1:06:22] in Kingsbridge and converted and want to convert them to R2 zone property. They [1:06:30] convert according to this draft zoning map. There's several houses on Navar [1:06:36] that have been changed into R2 that are currently R1. There's several houses on [1:06:42] Jefferson that are currently R1 that they changed to R2. And then the [1:06:48] mismatch with the schools where Carlson is zoned R2, Parsons is zoned C2. [1:06:56] So I mean that's a concern because I don't think [snorts] the people whose [1:07:01] property is potentially going to be reszoned [1:07:05] know this for one. And why would only certain homes be reszoned R2 where [1:07:15] others say they R1. There's no [1:07:19] um reason that I'm aware of that they need to be zoned R2. [1:07:28] » I hear you, Commissioner. I'm checking the answer for you. [1:07:32] » Okay. So, I I don't think that we would should move forward till this is [1:07:38] reviewed and corrected. You know, I don't think we should just arbitrarily [1:07:44] change zoning on people without notifying them. They might say, "Well, [1:07:49] this meeting was on social media." But if someone is living in an R1 zoned [1:07:57] area, I don't think we should just arbitrarily change their zoning. It used [1:08:01] to be where if someone's zoning was going to change like this, they would [1:08:05] get a letter in the mail. So even if they weren't paying attention to social [1:08:09] media, they would know their house was being targeted because this looks [1:08:15] targeted. This is a targeted resoning. But what is the justification behind it? [1:08:22] I think the after thinking about it just now and I looked it up that the [1:08:27] Kingsbridge is next to the apartments that are there [1:08:33] already. I forgot what they're called now, some new name, but uh R2 allows for [1:08:39] multif family homes and those types of uses. So if it's adjacent, [1:08:45] the question is if it's adjacent, does it have to be R2 because it's next to [1:08:49] the apartment? It doesn't. But but shouldn't the people be notified? [1:08:53] » You're asking should they be notified that their their property is going to be [1:08:56] changed because then the rules might change for their property and they might [1:09:01] not even know it. >> Correct. So a couple things. One, I want [1:09:05] to note that the elementary school is currently your zoning map C2. So in the [1:09:12] new map and current map, it's zone C2. So that didn't change. um in your [1:09:17] current table, schools are permitted in that district via special annuals. So [1:09:22] from a uh conformity standpoint, it [snorts] [1:09:26] still confirms historically and currently in the draft. The high school [1:09:32] site is in your current ordinance zoned R1. Let me get the name right. R1 one [1:09:39] family residential. What your new ordinance does and this comes out in the [1:09:44] presentation is that it splits the uh single family and two family. So you [1:09:51] have a R1 single family and then you have a two family district. So it does [1:09:57] go from R1 to R2 which is low density residential which allows the single [1:10:04] families in the twos which is I think what you were describing. [1:10:06] » Yeah. >> So it doesn't change it. when we did the [1:10:10] reorganization of the ordinance, we properly allocated what districts should [1:10:15] have which uses and then the map just reflects that. So, [1:10:19] » but if you have houses that are R1, okay, they're zoned R1, they've been [1:10:23] zoned R1, they've always been R1, we're suddenly [1:10:27] changing them to R2. I mean, you can say, yeah, the I mean, I'm talking about [1:10:31] houses by the school, too. There's a few houses there. They're all zoned R2, but [1:10:37] they weren't zoned R2 previously. >> Their standards remain the same. [1:10:43] » The standards did remain the same. Only the name changed. So that that's why I [1:10:48] didn't go to any other kind of outrageous [1:10:51] » district. But but why did only certain houses get targeted? That's what my [1:10:55] question is. Like the standards are the same for R1 and R2. Then why aren't all [1:11:00] the houses zoned R2? This is definitely targeted. the the maps are essentially [1:11:08] the same. I I don't see I'm looking at I'm going back and forth now. I don't [1:11:11] see any specific parcels that would change that would not be consistent with [1:11:15] the other parcels. >> Okay. But let me reexain this. [1:11:18] » These ones right here that are across from Carlson, that's the high school. [1:11:22] All of these, there's actually houses there that were R1 before. [1:11:26] » Yep. So these that were R1, >> these were R1. These across right here. [1:11:30] » Yep. So the question is there's a couple that were R2, but the question is which [1:11:34] is that >> why would you change those all to R2? So [1:11:37] now they could become multif family. >> Yeah. [1:11:40] » Right. So if you're going to change some of the houses to R2, just to be fair to [1:11:44] the city, all the houses need to be changed to R2. [1:11:47] » That doesn't it should just say R1. There's no reason. It's no one is coming [1:11:52] in here saying I want my lot reszone to R2. So why are we just arbitrarily doing [1:11:58] it to them? We're not arbitrarily. Currently, your ordinance has R1. [1:12:03] » All of the residential, that means those uh on the canals and the land, the [1:12:09] residential land on land, they all share the same R1 zoning, but your canal [1:12:15] properties are smaller than your residential properties everywhere else. [1:12:20] » Not 100%. [snorts] No, some houses on >> are very big. [1:12:26] » I'm not saying individually. I'm just saying collectively all of your canal [1:12:30] properties are different than your mainland properties. Your current zoning [1:12:36] map classifies all of them to be the same. So what you're seeing going from [1:12:42] R1 to R2, R2 in this sense is the same as your R1. The only distinction now is [1:12:49] that your mar your canal properties are R1 small lot residential which matches [1:12:56] their standards and all the other property is R2 the same as it was before [1:13:03] the name >> Frier White Mar Lis those aren't water [1:13:08] properties um and there's several other you know [1:13:12] like most of these rose right Gerald they're all these they're not water [1:13:17] properties. So why are they staying with the R1 zoning but Kingsbridge Navar [1:13:23] Jefferson are being resone to R2? >> They'll only change in name the [1:13:31] » and I don't agree with that different guidance for R1 and R2. If they're only [1:13:37] changed in name, why are we changing them? [1:13:40] » Currently all, like you said before, all of your residential properties are under [1:13:45] one zoning district. R1, your canal properties have standards for [1:13:52] those properties and then everything else has standards for non canal [1:13:57] properties. >> Can I ask you a question? Have you gone [1:13:59] around and checked each of these houses that you're speaking to? [1:14:03] » We check we did check the lot. >> What you're saying is not true. There's [1:14:07] several house there's several streets on here that are zoned R1 that are not [1:14:12] canal properties. several of them yet they're being [1:14:17] grouped in with the are they're remaining our one which they should be. [1:14:20] So my point is why are the others not >> remaining the way they're zoned? [1:14:27] » Are you referring to >> Yes. [1:14:28] » So you could those properties between the water and King Street are we you we [1:14:35] could make them R1. I mean if you want to do that you could. [1:14:38] » My I see what you're saying. If you want to you could change them. [1:14:42] Why are they changing to R2? If they were remained R1 like they are right [1:14:46] now, I wouldn't be discussing this. [1:14:52] » They're being >> Are you talking about the ones across [1:14:54] from Carlson, too? >> The ones across from Carlson, too? Yes. [1:14:58] Yes. >> Kingsbridge, Navar, Jefferson, all the [1:15:01] way down to Woodri. >> Those and those because there's an [1:15:05] apartment complex here. This is a vacant lot. That's a vacant lot. That's fine. [1:15:09] But these ones, >> right, [1:15:12] » these ones and these ones. So if you left the school, changed all these right [1:15:17] here, these are vacant, too. Changed these to R1's, then it would suffice [1:15:22] » the ask and it wouldn't really impact any. [1:15:26] » If you would like to, we can change those to R1. [1:15:28] » Okay. Like them to remain what they are now unless someone comes and asks for [1:15:34] them to be reszoned. You know, if they live in a home and it's zoned R1, it [1:15:39] should just remain R1 unless they're requesting it to be R2. [1:15:43] » Why is mine bright yellow and yours is dull yellow? [1:15:49] » Are you looking at the old one? >> The old map. [1:15:51] » Old one was bright yellow. The new map, it's the dull yellow. [1:15:53] » Oh, this is in the our packet. >> The new Your packet has the new map and [1:15:58] the old map. >> Displays the colors differently. [1:16:00] » If you're looking sticks out more on here, you can really see where they're [1:16:03] zoning. Yeah. Yeah. Yeah. The old map looks like one color, that dull yellow. [1:16:08] The new map, it's two yellows, a bright one and then a kind of dull one. [1:16:14] » Let me new colors. So if if you like fuchsia [1:16:20] » the properties north of Gibralar between Jialter and Jefferson and the water in [1:16:26] Jefferson if you want those to go back to R1 [1:16:30] » and there is like one R2 and one R3 in there I believe but everything else is [1:16:35] R1 already. >> Yeah. Everything that went from R1 to R2 [1:16:39] if you wanted to go back to R1 >> north of the vet [1:16:43] » the floor south of South Gibrala road too by the [1:16:47] » Yeah, there's some south road should change those [1:16:51] » these two >> those should be R1. Yeah. [1:16:52] » Yeah. Donovan, it may be helpful for you to just start by explaining what the [1:16:58] difference is between the new R district, specifically small lot [1:17:02] residential and low density residential to help give everyone an understanding [1:17:08] of why this change was made. >> Yes. So the so as I mentioned currently [1:17:14] your ordinance, if you look at the old map where everything is light yellow, [1:17:18] all the homes are classified the same in terms of their properties. So, if your [1:17:23] lot is 40 ft wide and you have a standard home, it's considered the same [1:17:28] as the property next to you that may be 60 ft wide with the same house. It [1:17:33] they're considered the same, but they're not considered the same because the lot [1:17:38] themselves are different. Technically, they're different. You have a 40ft lot, [1:17:42] you have a 60ft lot. You shouldn't treat those all the same, [1:17:47] but your current ordinance does. And particularly when you have those [1:17:51] residential properties that are in the canal, those are all if you look at your [1:17:55] zoning map, you have some tiny lots, you have some big lots. There's a lot of [1:17:59] variation in those lots versus if you look at um I'll just give an example. [1:18:05] The property on Sugar Island, those are kind of traditional that's a traditional [1:18:11] street grid. Those lots are pretty consistent the entire way around. So [1:18:16] because you have areas that have uh for lack of better words random lot [1:18:21] widths and you have standard lot widths, it makes sense to separate those because [1:18:26] you don't administrate them the same. So what this draft does is it separates [1:18:32] those canal lots. It calls them small lot residentials. all the same [1:18:36] standards. And then you have the R2 lots, which are your pretty much all [1:18:42] your other lots that were not the canal ones before. And then those standards [1:18:46] just match those lots. So that's why you have different lots. What it ultimately [1:18:52] solves is if you have one district that describes all your lots, I'll look this [1:18:57] way, too. If you have one district that describes all of your lots, [1:19:02] if you have a case where your current standard says your buildable lot is 40 [1:19:07] uh I'll say 50 ft wide. If you have a 40 that exists, you can't rebuild on it [1:19:13] because you that 40 is the standard across the entire city. So by separating [1:19:20] them, those standards that would be more specific and unique to canal properties [1:19:25] are R2 low residential district. Those residential standards or those property [1:19:31] standards because this is really about your lot. Those lot standards that would [1:19:35] be more attuned to property not in the canal is zoned R1. But in this case, [1:19:43] like on Windsor, those houses on the one side of Windsor are on a canal, but [1:19:50] they're zoned R2. >> Windsor is zoned, we're talking about [1:19:55] south of Jiala, right? Windsor is zoned uh R3 right here. Right. [1:20:00] » Windsor Drive is zoned R3. >> In your current map, it is also zoned [1:20:06] R3. >> R3. talking about the condo portion, not [1:20:11] the house portion. >> Yeah. So, that didn't that didn't [1:20:14] change. >> The house portion. [1:20:15] » She's talking about the house portion to the left of it over here. Windsor runs [1:20:18] through. >> So, she's talking about these houses. [1:20:20] This over here, these are Windsor goes across. [1:20:25] » These are condos. So, that makes sense. >> So, I'll just ask this follow-up [1:20:28] question. The homes you're referring to, would you describe those properties as [1:20:33] the same as the canal properties? >> Yes. [1:20:37] » Then they should not. You would not. >> I would not because dimensionally those [1:20:41] homes on Windsor are a lot larger lot size. [1:20:45] » Well, they're deeper than >> Yeah. [1:20:47] » Well, they're deeper and wider. I mean, if you look there, there's no 40 foot [1:20:51] lots on Windsor. Um, so I think that would attribute it more to um [1:20:58] » R2 >> and and that is the key reason why [1:21:00] » states, >> right? [1:21:02] » And that is the key reason why it is separated, right? if if those lots that [1:21:06] those properties you were describing >> were more sim [1:21:11] » so we probably should fix that. >> I'm just saying from the lot conformity [1:21:14] size I think I think what Donovan's trying to uh relay to us is that um the [1:21:21] distinction and the differences is because you have a lot of very unique [1:21:25] properties within water frontage here and they can range anywhere from 40 feet [1:21:30] to 100 feet and anywhere in between. Um he's trying to we are trying to define [1:21:38] that more readily within separate districts. [1:21:42] » You're basically grandfathering the old city with [1:21:45] » those nonconforming lots. >> You will not be non-conforming now. [1:21:49] You'll make it. >> So you're not telling them they have to [1:21:52] » change for everything or buy the lot or buy the lot next door. [1:21:57] » Correct. This this does fix your nonconformity issue for residential [1:22:01] lots. And also later in your non in your nonconformity section, it kind of [1:22:06] explicitly says that cuz a lot of communities have that issue. You have a [1:22:10] old build grid and when you progressively update your ordinance, it [1:22:16] happens all the time. you accidentally reduce the minimum lot size requirement [1:22:22] and it makes portions of your housing stock non-buildable which creates a lot [1:22:27] of issues with rebuilding. If you get into a fire, you can't rebuild it. What [1:22:32] this does is it says essentially what you were saying, your historic fabric [1:22:36] that was the marina or the canal properties that is now conforming. And [1:22:43] technically now if you catch fire, you can rebuild because you'll be in [1:22:46] compliance. In your current ordinance, that may be a challenge. If you have a a [1:22:51] really small >> some of the canal houses are some of the [1:22:53] biggest houses in the city. I mean, I'm not I'm not convinced of what you're [1:22:58] saying. those people own four lots, not just one. Okay? So, if you're one per if [1:23:04] you have one lot and as Donovan been saying, if your house burned down [1:23:08] » and we don't have um the structure in order, what's going to happen is that [1:23:14] person can't rebuild their home on the lot that they had there because it was [1:23:19] destroyed by, you know, >> because it if you didn't combine your [1:23:22] lots as a variance, then you'd be screwed. In in your current ordinance, [1:23:27] if that were the case and you were a canal property, because all of your [1:23:31] properties are under the same district, you would be forced to build to the [1:23:36] standard that non canal homes are, which may ultimately change the character of [1:23:42] that area because all the canal >> the size of the home. It could be a lot [1:23:46] of things if it's the setbacks aren't met. [1:23:49] » Yeah. >> But but wouldn't this potentially cause [1:23:52] people to be assessed differently? No. >> If they're if their zoning is different, [1:23:59] if they're zoned for a higher potential on their lot than they currently have, [1:24:05] they have there's a chance that they would be assessed differently. And what [1:24:10] is going to stop someone, let's say they're they live in an R1 neighborhood, [1:24:16] but their house burns down, so they decide to build a duplex in the middle [1:24:20] of their neighborhood. their neighbors don't have any real they can't do [1:24:25] anything because it's zoned for that. They've allowed it to be zoned and they [1:24:30] didn't even know they weren't informed unless they were reading social media [1:24:35] that this was happening. >> So [1:24:37] » just a good example >> two points changing your zoning does not [1:24:42] change your taxable value. Your taxable value is made at the assessing level. [1:24:46] That's all taxation and assessing and uh land value not zoning. They have two [1:24:52] different classification codes. So taxes are not impacted by zoning. [1:24:59] » To your second >> uses do change though. deep. [1:25:02] » You know, I I think if you know, if even if I was on a large lot R1, and then my [1:25:10] lot gets zone R2 and my neighbors gets zone R2, now all of a sudden they can [1:25:14] build a private club next door to me. I don't think I'd be too happy about that [1:25:19] after I've been in my R1 neighborhood for 30 years. [1:25:23] » No, she makes a good Can answer the second point. So, could could you if [1:25:26] it's zoned R2, if you tore your house down, build a duplex in that Now that [1:25:32] it's changed from R1 to R2, if that's a permitted use, [1:25:36] » I'm looking right now >> because that then could drive [1:25:40] » changes in not taxable value, but value of the home [1:25:44] » in the R2. You could uh two family dwellings are permitted in the current [1:25:50] draft. >> Yeah, [1:25:54] » that's that's an issue. it you >> I just don't all I would ask is that we [1:25:59] just leave that zone the way it is unless the owner comes in and asks to [1:26:03] have it reszoned >> and let me just answer one more question [1:26:06] » residential area >> is there is there another way to do what [1:26:11] » can you just >> and Donovan said where you buy the lot [1:26:16] size somehow but don't allow >> yeah what if you just don't allow two [1:26:22] family residential and R2 >> that's what I was going to ask [1:26:26] a standard subdivision. This is where I live. The lots are not huge and small. [1:26:32] It's exactly like Island Estate, always been R1. We have a huge apartment [1:26:37] complex next to us. It's own properly, but Marian is spot on. It should stay [1:26:42] R1. The residents of that subdivision are not going to be open to the idea of [1:26:47] changing their zoning, too. I can tell you that. [1:26:50] » Thank you for letting me speak. >> And they don't know about this. They [1:26:53] don't know about this. So they they if they don't know about this, how can they [1:26:56] come in and comment on it? And so how can we approve? How can we [1:27:00] » Yeah, I agree. >> request that this be approved when so [1:27:03] many people don't even realize their zoning is going to change. [1:27:06] » I agree with you. I'm glad you brought it up because if I was living there and [1:27:09] then someone built a duplex directly next door and then you go to resell, [1:27:15] someone's be like, "That's not going to go over good." Can I just ask two [1:27:19] follow-up questions because I'm just >> all the permitted uses in R2 or not all [1:27:24] but the difference between R1 and R2 actually went into say for example [1:27:29] special land use >> you you could [1:27:32] » and if somebody wanted to do something other than a single family home they [1:27:36] would have to come to planning and get special use [1:27:39] » you you could special land use it. Yes. Are all of the homes on Windsor or that [1:27:45] neighborhood, are those all single family homes? [1:27:47] » Yes. >> Yes. Yeah. [1:27:48] » Is that under a your kind of traditional subdivision or is it [1:27:54] » it has a um >> 45 years? [1:27:58] » Very very uniform lots. >> Uniform. And does it have a uh the [1:28:03] agreement the operator's agreement? This sub it's governed by its own board. [1:28:08] Correct. >> No, [1:28:10] » it doesn't have a board. It is a city. It there's no association. [1:28:14] » There's no association. Yeah. So they're just individual standard lots [1:28:18] themselves. They're not governed collectively. One person owns [1:28:22] » that has that as in here. >> Got you. So what I would Thank you for [1:28:26] clarifying. I would just go ahead and down zone it to R1. [1:28:30] » Okay. >> And then there's two other areas. [1:28:32] There's Navar Street and I guess even a house on Young, but Navar Street's all [1:28:38] being reszoned as well. >> Oh, I take that back. Okay. It's not [1:28:44] It's not the way I across the street, right? It's across the street. Right. [1:28:47] And then Jefferson, there is one R2 and then R3, but the rest of those are all [1:28:54] R1 right now. >> That's she's talking about across. Yeah, [1:28:58] the ones I showed you earlier >> and all the way down to Woodroof are all [1:29:02] R1. >> What are they currently? [1:29:03] » Regular R1. >> There's one in here. There's a We'd have [1:29:06] to You'd have to show them the specific lot where that apartment is that [1:29:09] » there's one R3 and one R2, but all the rest are [1:29:14] » I don't know which one of these lots. It might be that triangle one. There's [1:29:17] actually like an apartment there, like small one. [1:29:20] » If if you want to just put them all back to our one, that that's totally fine. I [1:29:25] mean that I would think that's what we would need to do because we haven't [1:29:28] notified any people that >> Well, or you could or you could change [1:29:32] what's allowed in an R2 >> to remove the other stuff. [1:29:36] » Yeah. >> What you're going to what you're going [1:29:37] to allow is any empty lots that we have R2 right now. They can build on a 40 [1:29:42] foot lot, which we're saying we don't want that in the future. [1:29:45] » Yeah. >> So, you're opening it up to everybody to [1:29:47] build like we are in old Gibralar with 40 foot lots, put a house on it. you got [1:29:52] less square footage, less, you know, each one comes with your lot size. So, [1:29:57] it's, you know, in people want to build in in [1:30:03] the old part of Jib, they we say their lot, they come to ZBA because the lot [1:30:06] size is too small. Well, it's as big as it is. I'm going to build and we're [1:30:10] trying to say in the future we want the R2s. You're going to require this much [1:30:15] lot size to build in the new lots that they have. So there's you almost want [1:30:20] like an R1A which I think we might have had when we're trying to reduce it to [1:30:24] say >> oh [1:30:25] » you know it's still single family and you have this size requirement build [1:30:30] requirement >> a reduced R1 that makes more sense than [1:30:33] to change every all of this to R2. So what you could do and which was a [1:30:39] good point instead of reducing that area from R2 to R1, [1:30:45] you can put back an R1A which is single family without the [1:30:51] duplexes and at least that preserves that area in consideration of the larger [1:30:57] more uniform lots. we had, wasn't it? >> Well, I was thinking when when he said [1:31:01] R1A, what I thought he meant was >> to go to this the small lots that this [1:31:06] is being thought out for and have that be R1A for [1:31:12] a smaller lot. Leave the R1 lots as R1. And if they're being targeted because [1:31:18] they're small, then create an R1A. [1:31:23] That makes more sense than to change R1 lots to R2. [1:31:30] » Yes, we can change those specifically the ones along Windsor, North Windsor [1:31:36] between the water and Kingswood if we can make those R1A to accommodate [1:31:43] those lots. >> No, I thought you were talking about the [1:31:45] ones over I thought you were talking about the the original ones you were [1:31:50] talking about on Bay View. I thought you meant Dave you point. [1:31:55] I thought that's what >> Oh, you referred to them as canal homes. [1:31:58] » Canal homes. >> No, you should leave those as uh you [1:32:02] should leave those as R1. I would recommend you leave those the same. [1:32:07] » Okay. Well, then why can't what? See, this is my point is that why are you [1:32:13] changing R1's to R2 for no real reason? There's no real reason here other than [1:32:17] the lot size. >> The lot size. But in but if you want to [1:32:21] target the smaller lot size, target them. Don't target the people that have [1:32:27] been having R1. >> We're not targeting them. You're [1:32:30] allowing the people with the smaller lots to build rebuild their house if [1:32:34] they need to or put a shed on if they need to or you know today's the R2s are [1:32:41] saying you need this much lot size, you need this much coverage and they you [1:32:45] know and the they come to ZBA for variation or deviation in the zoning. [1:32:51] So, this would allow them to come under ordinance and add their shed on their [1:32:55] small lot and we don't want that going forward. So, they're trying to control [1:33:00] the new where you can build new houses and all the new ones in the larger lots [1:33:04] and say R2, but I agree it shouldn't have the duplexes and multifamily. But, [1:33:10] and if you made an R1A, there'd just be a small section there that would [1:33:15] less instead of doing all algebra. Yeah, the challenge is the middle ground [1:33:22] between what you have currently and and where you need to get to. So, currently [1:33:28] you have R1 the same across the entire city. And it does need to be split. I [1:33:35] mean, that's kind of just the fact because all your residential lots are [1:33:38] not the same. So, we did the split. I think where we are now is how do we [1:33:44] address those that subdivision between the water [1:33:50] frontage and Kingswood. I think that's the part that [1:33:54] » yeah that and along and in Jefferson and then the schools are [1:34:00] zoned differently but >> if you at least it relates to the Kings [1:34:07] sorry Kingsbridge the water and Jefferson if you bring those down to R1 [1:34:14] small lot as it's described in the current draft [1:34:19] those lots don't exactly meet those standards standards. They meet the [1:34:23] standards as we describe them in the R2. But the challenge that was brought up in [1:34:28] discussion is R2 allows duplexes and you don't want duplexes, [1:34:31] » right? >> So you can either remove duplexes [1:34:34] essentially from the ordinance altogether because currently it's only [1:34:38] permitted in the R2 district, which is why it's the other districts. [1:34:45] If you don't want duplexes, then you would just remove them all [1:34:50] together or you'd have to create a specific residential district just for [1:34:54] those that subdivision, which is okay. There's nothing that says [1:34:59] you can't do that if it serves and meets the purpose of your you intend, which is [1:35:04] to preserve those homes and not conflate the character of that neighborhood with [1:35:08] what the character of all the other neighborhoods should be. [1:35:11] » I was just thinking this is actually wrong, too, because aren't those Those [1:35:14] houses on Adams are duplexes [1:35:18] » and and Stolled and uh >> and the one on the corner of LOL and [1:35:23] Middle Galter is a duplex. There's a bunch of duplex. [1:35:25] » Well, Stolled and Adams is those rental properties too. I don't know if they're [1:35:31] duplexes. >> Yeah, there's still duplexes in here [1:35:34] like along >> and those would be legally [1:35:38] non-conforming. >> Okay. [1:35:40] » And >> the old one are though. They're they're [1:35:43] marked out in the old map, right? >> Yeah. They're currently legally [1:35:46] non-conforming, so that didn't change. >> Yeah. And essentially what could happen, [1:35:51] say those duplexes get demolished, for instance, [1:35:55] » they have to go away. >> They either have to go away or they have [1:35:58] to come before you and ask for a reasonzoning or for a special variance. [1:36:04] » And if that's what you want to happen there, then [1:36:06] » yeah, >> that that's what would happen. So [1:36:09] essentially one of the things you're doing with this is you're looking into [1:36:13] the future and you're thinking, okay, what would our perfect community look [1:36:17] like? And um if it includes no duplexes anywhere in your perfect community, not [1:36:25] saying you get rid of them today because that wouldn't happen, but you get rid of [1:36:30] the possibility of them in the future. >> So try to think of it. I know it's a [1:36:35] weird way to look at this, but >> it is because I forgot the apartment [1:36:39] complex too at the corner of Stofl and Adams. [1:36:41] » Yeah. >> Has like eight. [1:36:43] » Yeah. >> Yep. [1:36:45] » The easy middle The easy middle ground would be to make it a special annu. And [1:36:50] at least you see it. You can say no. The residents of that neighborhood will get [1:36:54] notified 300 ft. As residents, you understand what the intent of that area [1:37:00] is supposed to be. And so you can do a special annual if somebody Yeah, if [1:37:05] somebody wants to do something, it at least comes to you. Um, so you have some [1:37:10] control there. Alternatively, is to create a residential district for that [1:37:15] subdivision. >> Yeah, I I just don't think we, like I [1:37:20] said, I like the idea of the special land use. Uh, of course, you guys all [1:37:24] know I'm kind of like a progrowth guy for the city, and I really hate to [1:37:29] eliminate any form of housing, period. Uh, but I don't have a problem with [1:37:34] putting it in, for example, special land use. It gives us more time to talk about [1:37:38] it. Gives everybody opportunity for input to like do all we want this [1:37:43] another apartment building here. Do we want a duplex here or a quadlex? To just [1:37:47] eliminate it, I I think would be a mistake. uh you know especially if this [1:37:54] thing gets approved and our waterfront overlay gets approved and 20 years from [1:37:59] now it's successful and people want to come and enjoy the waterfront and want [1:38:03] to spend money in our restaurants and somebody says you know what I wouldn't [1:38:06] mind living here but we don't have any housing available I just that's just how [1:38:12] I think anyhow I I just believe if a community doesn't grow eventually it [1:38:16] peters out so >> yeah I think that's a fair middle ground [1:38:21] special use. [1:38:27] » Okay. So, are we going to move the are we going to revert back to the original [1:38:32] zoning? >> Based on your current draft, my [1:38:35] recommendation would not be to revert it back because it creates nonconformity [1:38:42] issues. to address the concern that was raised, which is allowing the duplexes, [1:38:48] which R2 does, would be to change it from permitted by writing the R2 because [1:38:53] everything else about that district is essentially the same. [1:38:57] » If duplex is the only difference, then why don't we just have one zoning [1:39:04] for homes? >> The duplex, [1:39:07] » the usewise, that's the difference. the lot sizes are still a valid reason for [1:39:12] the split. So if the duplexes are the concern, then [1:39:17] I would recommend special land use to duplex. That gives you the teeth you [1:39:21] need to allow them or not allow them, and it maintains the integrity of having [1:39:25] the two districts that respect your canal properties and your non-anal [1:39:30] properties. >> Every other community I've known, their [1:39:34] R2 is duplex. That's their zoning. there. R2 is duplex [1:39:40] area. >> R1 is single family housing. [1:39:44] [clears throat] >> It's not a standard, but it's common. [1:39:47] Yes, >> it's common, right? And I don't see that [1:39:50] the lot sizes in Kingsbridge are that much different than the lot sizes [1:39:57] on some of these other streets where they're remaining zoned the way they are [1:40:03] now. So [snorts] in that case, when that item [1:40:06] would come to you as a special land use, you could deny it for that reason. [1:40:12] That's the extra teeth. They still have to come to you. They couldn't just My [1:40:15] house burnt down on Kingswood today. I'm going to be with a duplex tomorrow. They [1:40:19] have to come and ask you if it makes sense. [1:40:23] » Okay. But I'm more concerned about the people not knowing we're doing this. [1:40:26] That's my main concern. They they if they looked at social media and they dug [1:40:32] into this deep enough to look at this draft zoning map and they said, "My lot [1:40:39] is changing, then they might be here." But I really don't believe that many [1:40:43] people in the community actually do that. So, we're going to go reszone this [1:40:49] without their knowledge. I don't agree with that. So, just to clarify, this is [1:40:54] a public hearing, which meant we had to follow the Michigan laws revolving [1:40:59] around public hearings for planning commissions, which meant not only did we [1:41:03] have to publish the agenda 15 days in advance, but we had to publish it within [1:41:08] the newspaper to notify everyone. Um, we also started a new thing earlier this [1:41:14] year where the entire packet for the planning commission is online along with [1:41:20] council. And this same ordinance draft was discussed at the last planning [1:41:25] commission meeting as well. So that packet was publicly available as well. [1:41:30] So we did follow all laws ensuring that we um properly notified our public about [1:41:36] the public hearing and the opportunity for people to come tonight. So I do just [1:41:41] want to clarify that we weren't hiding this and we did follow the proper [1:41:44] protocol for notification. >> Yeah. And I'm not saying we didn't. I'm [1:41:49] just saying I don't believe people understand this is happening to them. [1:41:53] That's my point. Um >> I I don't think anything's happening to [1:42:00] the people that have uh these >> but it's not that they would just become [1:42:05] a nonconforming use if there's a if there's a difference [1:42:09] between their lots. It's not um [1:42:14] they're not being penalized for changing this or we're not altering their [1:42:18] lifestyle based on it. It would be after the fact. [1:42:22] » Correct. If anything, this preserves [1:42:28] the existing housing that exists. It allows those lots that were [1:42:32] non-conforming to be conforming. Currently, those homes in that [1:42:36] subdivision are going to continue to be conforming. the [snorts] single families [1:42:40] that are currently are permitted. Nothing about what happens in that [1:42:45] neighborhood today changes. >> I think a bigger concern should be the [1:42:50] fact that we have situations right now that residents if they were to lose [1:42:54] their home from something don't have the opportunity to build again under our our [1:42:59] structure the way it is right now. >> Correct. [1:43:01] » Um we're trying to align that the right way. So, [1:43:05] » y >> I think we should consider that [1:43:08] » and that is a big challenge in a lot of communities. [1:43:19] So, the question uh that was raised is for the R2 district, do you want to [1:43:25] uh change the permissibility of two family dwellings from permitted to [1:43:29] special land use? >> Yes. [1:43:33] Can I just do that or do we need a motion? [1:43:38] » Can you make a Have them make a motion just so [1:43:40] » I'll make a mot. >> Um, please repeat what you said, [1:43:44] Donovan, so I can try to get the wording [laughter] accurate. [1:43:47] » It is the recommendation based on uh planning commission conversation to [1:43:51] change the permissibility of two family dwellings in the R2 district from [1:43:56] permitted by right to special land use. >> Did you get that? [1:44:03] Um, >> first two words [1:44:05] » make a motion to change the do I want to say multifamily [1:44:11] dwelling? Will that work or dual family dwelling? [1:44:15] » It's It's in the ordinance. It's called two family R2 in the R2 district. [1:44:22] » Correct. >> Two family. [1:44:25] » Mhm. Special land use in the R2. to special [1:44:31] land use in R two. [1:44:36] » Correct. >> Correct. [1:44:37] » Does that cover the apartment complex too? Like on Adams and Stollet where [1:44:41] it's multiple more than two. >> No, those are what do you call it? Legal [1:44:45] » R3. >> Is there a second? [1:44:50] » Second. >> Thank you. I don't know where that area [1:44:53] » discussion >> discussions [1:44:56] » Jim was asking about on Adams the over here there's an apartment complex there [1:45:02] there's a >> apartment complex [1:45:04] » this action does not impact those though they would continue to be legally [1:45:07] non-conforming as they currently are >> then what if somebody does want to build [1:45:12] a duplex they used to have a way to do that by having their lot zoned R2 so now [1:45:21] what would how would they get to have a duplex? They would have to get a a [1:45:25] higher zoned lot and then build down >> if you're a canal property. Yes. [1:45:30] » Of getting zoned R3 or R4. R3 because we just changed our R3 is going to be our [1:45:38] duplex zoning now. It used to be apartment buildings. [clears throat] [1:45:41] » R3 is not duplex. R3 doesn't allow duplexes. [1:45:45] » Well, you could still do it in R2. It just be a special use. [1:45:47] » Right. Your original question was they come to you. I think what you're asking [1:45:51] is for the canal properties currently duplexes are not permitted in the canal. [1:45:57] » Yeah. Well, okay. When you say canal properties, I just don't see that on [1:46:02] this map. Okay. There's so many streets on there that were included that [1:46:08] remained R1 zoning that are not on the canal. [1:46:11] » Saying the ones that are in the middle between View and Adams canal that [1:46:15] remain. are considering anything that's on one of the islands that's surrounded [1:46:20] by a canal but might not be waterfront property is considered a canal property. [1:46:25] » Correct. >> That's what they're calling canal [1:46:27] properties. [1:46:31] » That is that is correct. So if it's touching the water [1:46:38] » all the residential >> by adjacent [1:46:40] » everything south of Navardi I'm sorry I'm nar [1:46:46] » Navar >> I haven't heard that before I like that [1:46:48] one. Oh, it's a it's a double R from now on [1:46:51] » Nvart. [laughter] [1:46:53] » Everything south of Navar uh and south really everything south of Gibralar. [1:46:59] » But Kingsbridge is south of Gibralar and so are all these lots on Jefferson. [1:47:03] That's why I'm saying if you just let if they just remain what they're zoned now, [1:47:09] there wouldn't be a problem. I I understand the the challenge with what [1:47:13] you're requesting is those lots are not the same size as your canal property [1:47:19] lots. If I were to go and make those lots the same district as what we're [1:47:24] proposing, it's very difficult to go back and just say just do R1 because we [1:47:29] allocated >> I don't think a lot of lots in [1:47:31] Kingsbridge would be that different than the lots you're talking about. [1:47:36] » I'm looking at them. They are very standardly different. [1:47:42] the the best solution at this stage without creating a new district would be [1:47:47] to special land use the duplexes that addresses the concern and it allows [1:47:54] everything to continue as it is today without changing the map may change [1:47:59] nomenclature and titles but functionally they're remaining the same when you [1:48:05] special land use duplexes [1:48:12] I get what you're saying. I think to Marian's point, like these houses right [1:48:15] here have narrow lots. It might not look like [1:48:19] it on the picture, but they're like the same size as these. [1:48:24] » The these are big houses to Rick's earlier point and wider lots, but these [1:48:29] aren't. So, it's tough because it only it would vary by parcel. Eight. They got [1:48:35] deeper. They're deeper. >> Yeah. But consistently they're [1:48:38] » Yeah. Like where Tom lives. >> Where I used to live. Yeah. Had a deep [1:48:41] lot. >> Consistently these lots are more [1:48:44] standard in size than these lots. >> 100%. Yeah. That's fair. [1:48:48] » And that's still why they're different. >> I get that. That makes sense. [1:48:53] » But I understand the concern about duplexes. If you want to avoid those, [1:48:57] the only way to do that without creating the district themselves would be the [1:49:01] special land use. >> Motion for special land use. That's on [1:49:04] the table. I'll second it. >> Oh yes, [1:49:06] » it's already been second. >> So that called a vote. [1:49:09] » So there was discussion. [snorts] [1:49:14] » Should that be R2? [1:49:20] » You could. Yeah, >> those are much bigger. [1:49:23] » Yeah. Yeah, you could do Sugar Island as R2. [1:49:28] It would make it would make sense. >> It would fit the intent standard. And [1:49:34] then if you make special land use duplex is it consistent? [1:49:38] » Okay. Special land use in R2 was moved and supported. All in favor say I. [1:49:42] » I. Any opposed? [1:49:47] » Okay. >> Okay. [1:49:50] » Do you also I hate to open up a can. You want to make Sugar Lane now that we've [1:49:54] made that change. >> If you're making that change then you [1:49:55] have to be consistent. So it would if it's by lot size those are much bigger [1:50:00] lots. >> Okay. So I will [1:50:05] let me review it. If it is consistent, I'll adjust it if that's amable. [1:50:12] Okay. Um that's all my initial zoning [1:50:17] ordinance updates. It took took an hour and a half. Um I do have a brief [1:50:22] presentation if you want to hear it. Um otherwise I could streamline it or I can [1:50:28] just kind of go straight to the motion I'm requesting. [1:50:32] Uh feel >> like most of the public got the gist of [1:50:35] it, but I do have just a few highlights I can go over. [1:50:38] » We still have to do the >> public hearing, right? Yes. [1:50:43] » So I one question I have before we move on. [1:50:48] all of the things that we proposed that you said you were going to add like the [1:50:52] potential island estates to R2 the stuff that I had mentioned earlier in the C3 [1:50:59] marine district overlay >> about your five comments. Yes, you're [1:51:05] gonna add in the fiscal like is that all documented and then when will we be able [1:51:09] to see that >> because before we get to the public [1:51:12] hearing and then potentially a recommendation to approve or whatever. [1:51:18] » Do you have a meeting next week? >> I don't know anymore. [1:51:22] » So, okay. [laughter] So, let me outline the timeline because [1:51:26] um so essentially what we're hoping to do tonight if uh the commission is ready [1:51:32] and able is for the commission to recommend um with all of their um [1:51:39] necessary changes uh the draft ordinance to council so that council on Monday uh [1:51:47] which would be the 14th can do their first reading. You guys do have a [1:51:52] scheduled meeting for Tuesday of next week. [1:51:56] » Now, >> um it it's helpful to have two council [1:52:01] members and the mayor in the room for this conversation because if you guys [1:52:05] are not ready tonight, um which I hope you are with your proposed changes and [1:52:11] Donovan can get that over and we can get um the draft recommendation to council [1:52:17] as soon as hopefully Thursday, possibly Friday. We're going to do our best. If [1:52:23] you're not ready for that and you need next Tuesday, what we would then do on [1:52:28] the administration side is go to council and request a special meeting so we can [1:52:33] get the first read and the second reading done at the council level by [1:52:37] September 30th. >> Okay. [1:52:40] » You guys hold the cards right now. So we don't What? [1:52:44] » That's how we like it. >> Yeah. [1:52:45] » I'm joking. >> Yeah. [1:52:47] » No, it's fair. No, it's fair. I mean, you're you're the planning commission. [1:52:50] That's your job. >> 100% joking. [1:52:52] » Um, but what I will say is while we do have this timeline, [1:52:58] we don't want to force you guys into a decision or rush rush you into a [1:53:03] decision. You are making very big decisions for our community. So, if I [1:53:07] have to go to council and beg them to do a special meeting, I will. I I want you [1:53:14] guys to feel comfortable with what you recommend to council. [1:53:18] » Got it. >> I agree. Um, [1:53:21] what's the team think about seeing the the the deck that he prepared? Or are we [1:53:26] good based on the conversations that we've had? Are we good [1:53:30] with the discussion portion of section five? [1:53:35] I'm comfortable with it. >> I think we had a deep discussion. [1:53:39] » I guess let me ask you a different I >> I'll go with it based on the suggestions [1:53:42] that you also added to it, you know. >> Okay. [1:53:45] » And I can provide I'm sorry. Um, I can provide at your next meeting if you push [1:53:50] it forward today. I can just include a follow-up memo at your next meeting that [1:53:54] just includes the changes and if there's anything or discrepancy, you just meet [1:53:59] meet me at city council. >> That would be that would be good. [1:54:02] » That works. >> And just highlight what you added in. [1:54:04] » Yeah. Okay. >> I can do that. [1:54:06] » Okay. [snorts] All right. Moving on to um [1:54:12] section six. We are going to Sorry, guys. I haven't been home from work yet. [1:54:16] Uh we're going to move on to public hearing. Um this is on uh the city of [1:54:21] Jialter zoning ordinance amendments chapter 44 zoning. I could I get a [1:54:25] motion to open the public hearing to consider this city of Jialter zoning [1:54:30] ordinance amendments chapter 44. >> Motion to open the public hearing to [1:54:33] consider the city of Jialter zoning ordinance amendments chapter 44. [1:54:39] » Second. >> Moved and supported. All in favor say I. [1:54:41] I. >> Any opposed? [1:54:45] Okay. Public hearing is open. [1:54:54] » Yeah. Do we have any Sure. Please state your [1:54:58] name and your address. >> Anor both house 30567 Young. So I want [1:55:03] to understand what you just agreed to. I heard all your changes that you all [1:55:09] discussed. I I I get it. When is the public going to be able to [1:55:16] see the revised as well? Is that not going to be until the first reading with [1:55:22] the council? And I'm not sure if you'll answer my question or not, but I would [1:55:27] really like to understand when will the public be able to see what you're doing, [1:55:33] especially for me, especially with making the [1:55:38] change to the R2 district and not allowing or special land use for [1:55:45] duplexes. So, I would just like to understand [1:55:48] when's the public going to be able to see that document in either the planning [1:55:53] commission's meeting packets or like whatever. I I want to understand when [1:55:58] I'm going to see it. >> Can I answer that? [1:56:02] » Go ahead. >> Uh through the chair, the current draft [1:56:06] with these changes will be at the next city council meeting if that's the [1:56:10] action that's taken this evening. the current draft less the changes discussed [1:56:15] today are in the planning commission packet two meetings back [1:56:20] » as well as this meeting >> or online [1:56:23] » online. So if you go this actually >> I know where to go but I know that the [1:56:29] meeting packet for this meeting wasn't published until yesterday. [1:56:34] » Yes, that was a clerical mistake. our clerk was out of town and so it was on [1:56:40] me. So I apologize, but it's the exact same information that was in the last [1:56:44] meeting. Um, now it depends on what this body does tonight. If they recommend it [1:56:53] to council, it will be in the council packet. Now again, I want for Monday's [1:57:00] meeting. Now, I want to caution everyone. Historically, we've been able [1:57:04] to get packets out on Wednesday. With all of these changes, and it still has [1:57:10] to go after it's after Donovan's done, then our attorney has to put it into a [1:57:15] specific format. So, with all of these changes, it likely won't get out until [1:57:19] Thursday or Friday. Now, that's if this body recommends it. If not, it would be [1:57:26] in the next planning commission's meeting packet, which is for Tuesday. So [1:57:32] quick turnaround. Um but we we do recognize and that's why we are [1:57:38] publishing packets online now. We weren't previously doing that. We want [1:57:41] to be transparent for our community and we want them to be aware of what we're [1:57:45] discussing. So we promise we will get all of this information and these [1:57:50] changes to the public as soon as possible. [1:57:53] » Question through the chair. Um, don't don't we have to before a and correct, [1:57:58] please correct me if I'm interpreting this incorrectly, but don't we have [1:58:02] » Sorry, we're still in our public hearing right now. [1:58:04] » Oh, okay. Thank you. >> Any other comments? [1:58:13] » Good afternoon. I'm Kathy Le Point. I live at 29874 [1:58:17] Kingsbridge Drive. I'm a council person for this fine city and late appointment [1:58:23] to the um zoning committee. I went to one meeting and looked at this. I want [1:58:29] to commend and thank uh Commissioner Pay for picking up on that art too. I I [1:58:34] really didn't catch it. I didn't see the difference in the color of yellows. I [1:58:38] didn't know that um our subdivision was being targeted or not targeted but uh [1:58:44] considered for changing R2. So this is all new information. And I'm trying to [1:58:48] understand I think that what I heard was if you're R1, you're a small residential [1:58:54] lot and and so the assumption there is that the lots in Kingsbridge are bigger [1:59:01] than R1 normal traditional lots and that's a problem. I don't know why it's [1:59:08] a problem. It's been R1 for since I bought there 45 years ago. However, [1:59:13] we'll just assume that it is correct. So would that also mean that our lot sizes [1:59:20] are So I'm looking at Island Estates, those [1:59:24] are bigger homes, bigger tax dollars. So would the assumption be that Island [1:59:29] Estates therefore has 40 foot lots and Kingsbridge has 60 foot lots. [1:59:35] » I asked them to change that to R2 as well. [1:59:38] » Oh, okay. So now, um, Island Estates will be R2 also. Okay. So, I'm just [1:59:45] going to encourage this commission to slow down. I know we're up against a [1:59:48] deadline because of Grant, but there have been a lot of conversations. I feel [1:59:52] like there's a lot of misunderstanding and our residents right now are at a [1:59:57] point where a breaking point, not not your fault, but other things that are [2:00:01] going in on our community. So, I would as a council person or and a resident, [2:00:06] take your time, look at the changes. We have a new gentleman, Mr. Smith here um [2:00:12] that wasn't present at all the meetings. So, make sure your changes are made that [2:00:17] the residents have one more opportunity to so that you can explain to the people [2:00:22] in these two major subdivisions what this change means to them. Because when [2:00:25] I'm looking at this um two family dwellings are allowed in the R2 private [2:00:30] garages or community garages, private clubs, fraternities and lodges. Is that [2:00:35] what I want myself? I already have a huge complex next door that's [2:00:39] apartments. We have the condos. We have a little planned unit development [2:00:42] anyway, but my neighbors are going to be a little concerned. So, I think then we [2:00:46] changed it to, okay, now you have to ask for special land use, which I don't [2:00:51] understand, but there are people in our community that in vacant lots that [2:00:57] people want to build on. So, it's possible that somebody could say, "Can I [2:01:02] get a special land use and put up a duplex in a residential single family [2:01:08] neighborhood?" It doesn't make sense. So anyway, thank you for your time this [2:01:11] evening. I know this isn't easy and I thank you all for your work. [2:01:16] » Thank you. [2:01:22] » Any other comments? [2:01:29] » Uh do we have a motion? Any other comments? I'll do one more quick coming [2:01:34] up. [2:01:38] » For years, Wayne Brandon 30490 South Jialter Road. For years, you had people [2:01:43] living in Hanbug Marina. You've got people living, I believe, right now [2:01:49] above Hanbug. They told them they couldn't build it. [2:01:53] They went ahead and built it anyway. Things have been going on here for years [2:01:57] and nobody's done anything about it. stuff built without permits, without [2:02:01] planning. Nothing was done. People made millions [2:02:06] of dollars, walked away. We've been getting screwed for a while, [2:02:11] and we don't need these changes. Thank you. [2:02:19] Do we have a motion to close the public hearing? [2:02:24] » Motion to close the public hearing. I'll second. [2:02:27] » Moved and supported. All in favor say I. >> I. [2:02:30] » Any opposed? >> Uh [2:02:34] » may I make a followup? >> Sure. [2:02:36] » Um what a good point that was raised was the in the R2 district uh public private [2:02:44] clubs were permitted and that might have been a carryover. So I would recommend [2:02:50] removing uh private clubs from the R2 district. So my question will be if we [2:02:55] remove those from the R2 district, what is going to be the difference? Why are [2:03:01] we going through this instead of just leaving it R1? You know, the leaving the [2:03:05] homes that are R1 still R1. I think we're making um [2:03:11] » a lot of this is not um a bad move for us to do this. There's unless someone is [2:03:18] coming in asking to be reszoned, why are we reszoning them? And like one of the [2:03:25] uh residents was saying, when are when are the residents going to see the final [2:03:32] um version of the document before it's approved? [2:03:38] » I think that >> because I really don't think the [2:03:40] residents realize about this R1 and R2 zoning. Marian's concern I think is one [2:03:45] the lot size thing makes sense but there may be other spots in the city where an [2:03:50] R2 district makes sense where you should be able to have a club or a [2:03:56] whatever duplex. >> However, if you remove it holistically [2:04:01] from the R2 district, then you can't have that in those other spots where we [2:04:04] would potentially benefit from it. So, in the locations where those houses [2:04:08] currently exist that have always been R1, those people are going to be pissed [2:04:12] if it's R2, if it's inclusive of a club or a duplex, but there might be another [2:04:17] spot like over here where that makes sense or over here where that could make [2:04:21] sense. So, I think that's the problem. We're we're we're using R2 specifically [2:04:27] to decipher between smaller lot sizes and larger lot sizes, but an R2 district [2:04:33] may make sense to have the other stuff that we're going to remove. Or [2:04:37] » do you push that to an R something else? I don't know. [2:04:40] » Currently, private clubs, fraternities, and lodges are permitted by right in the [2:04:44] R2, R3, and the C1 district. I would again my recommendation [2:04:52] I just wouldn't allow private clubs and fraternities and lodges in residential [2:04:56] dis sorry in residential districts overall. [2:04:59] Um so that just probably should just be [2:05:03] removed. Everything else you say you stated would be consistent. [2:05:07] » Just keep the permitted uses the same on R1 and R2. [2:05:11] » It's not going to be permitted at all in R1 and R2 p. These are private clubs, [2:05:15] fraternities, and lodges. First thing, keep R1 and R2 permitted uses as exactly [2:05:19] the same. The only >> the only difference now is you're [2:05:22] designating lot sizes. >> Correct. [2:05:25] » You could do exactly the same. The only difference I'm just going to [2:05:31] highlight the difference is uh boarding and lodging would be [2:05:35] » what is that? >> Uh that's like um [2:05:38] » Airbnb, >> not necessarily like a boarding house. [2:05:42] So you could rent out bedrooms instead of units. So the bedrooms are units, not [2:05:49] like a a full dwelling unit. >> So you could have a four bedroomedroom [2:05:54] home and you could rent it out to four individuals. [2:05:58] » I don't think people want that in their neighborhood, especially without their [2:06:01] realizing that this is what the city is trying to do to them. [2:06:05] » That's been that was a carryover though, wasn't [2:06:07] » that's been there and it wasn't caught before. [2:06:09] » Right. So, some of this isn't us adding things. Some of this stuff is what you [2:06:13] currently have. >> That's been there forever. We just [2:06:15] nobody ever did it or maybe they are doing it. We don't know about it. [2:06:19] » Probably some people are doing that. >> That's [laughter] [2:06:22] that's the difference. Um, horse stables are in the R2, so you wouldn't be able [2:06:28] to do them on the canals. Uh, private garages or community garages [2:06:32] are permitted in the R2. Um, which is I guess that might be a carryover. [2:06:39] Uh, cemeteries are special land use in the R2. Child care centers are uh, [2:06:44] special land use in the R1. >> Honestly, I don't think this is well [2:06:48] thought through. >> They're pretty consistent. [2:06:50] » We're taking everything out of we're taking certain things out of R2, leaving [2:06:54] certain things in. We haven't done a side by side to see, okay, what is [2:06:59] permitted in R1, what makes sense in R2? Why are we doing this? It's not [2:07:04] necessary that we do this and impact so many potentially impact so many lots in [2:07:11] the city of Gibralar. >> If I could just come full circle, if we [2:07:16] don't do this, we go back to what your current ordinance has, your current map [2:07:21] R1 for all residential lots. You can go back to that. The challenge and to doing [2:07:27] that is you are continuing the nonconformity of your [2:07:33] existing lots which puts pressure on residents if their existing lot is [2:07:38] nonconforming and something happens to their house. They either have to come to [2:07:42] you every time to get a variance which fires don't happen every day. Knock on [2:07:48] wood. So, it's not like you'll immediately get overloaded with [2:07:52] application for variances so people can put back their homes that currently [2:07:56] existed. You can go back to that. >> I mean, I think that's a lesser. [2:08:00] » Have we ever denied somebody from going back to what they wanted? You've been [2:08:03] the most experienced. >> Yeah. So, like, [2:08:05] » but you're going to allow future building under non-conformms. So, [2:08:10] someone could buy that section along middle jib and make 40 foot lots and put [2:08:14] houses in in R1. back to the small size that your brother doesn't like [2:08:19] » or allowing it. We're trying to stop it from going forward. [2:08:22] » Yeah. >> We're not punishing anybody for having [2:08:25] small lots. We're allowing them to do more with their lots without having to [2:08:29] come for the zoning board for pay a hundred bucks or whatever. [2:08:32] » But isn't that a lesser problem than let's say reszoning several houses? I [2:08:37] don't even know how many are reszoned here. And then potentially having a club [2:08:41] be built in the middle of the sub. I I like Bill's thing is again if you make [2:08:45] an R1A and make everything exactly the same except for you know [2:08:50] » lot sizes. >> Yeah. [2:08:54] » And and you could do that. The like I said currently the only difference is [2:09:00] boarding and lodging which is a carryover. So you would just permit that [2:09:03] everywhere in R1 and R2. Horses and stables you could permit that in R1 and [2:09:08] R2. But again, these are things being permitted into the canal district. So, [2:09:13] do you want boarding and lodging houses in the canal district? That would be the [2:09:18] question. No. So, now we have >> What they're saying is add a R1A. And [2:09:21] the R1A is representative of the larger lots. [2:09:24] » Oh, you want the R1A? >> I think that's what they're saying. [2:09:27] » So, we were just talking >> for the subdivision lots. [2:09:30] » Yeah. The bigger lot. >> Then you're then you're able to separate [2:09:35] » small lots and big lots. you just have an extra one, which I know is probably [2:09:38] annoying, but >> it solves the problem and then it [2:09:41] removes the discussion. And then >> those houses are exactly the same as R1 [2:09:46] except they're 60 foot instead of 40 foot [2:09:47] » and they need to build a certain way when they build a new house on it or [2:09:50] move forward in the future. >> Okay. So, you want a [2:09:55] » I'd make a motion to Sorry, Katie. Any of the residential [2:10:02] lots residential. Let me let me think about [2:10:07] this. >> Any of the existing lots where homes [2:10:12] I'm trying to make it where >> is it just the two subdivisions? [2:10:16] » It is because it is because this should stay R2 like the places where people [2:10:21] could actually develop and put a duplex makes sense. But these ones right here [2:10:26] where they were R1 and then [snorts] island estates [2:10:30] » those should be R1A. >> Yeah. You need you need a traditional I [2:10:34] call them traditional single families. >> So in in my motion is for the [2:10:38] traditional single family R1's that were shifted to R2 make those R1A [2:10:45] on the zoning map >> one more time. [2:10:51] » The traditional sing >> I can word it if you want or do you have [2:10:54] to say the physical? >> You can word it. Go ahead. [2:10:57] » You word it and he repeats it. >> Go ahead. Let's hear how good you are. [2:11:02] » So, this would be the subdivisions on Windsor Drive and Kingsbridge Drive and [2:11:08] Sugar Island Court to uh develop a zoning R1A district suitable for those [2:11:16] properties. [2:11:19] » And to there are more. >> Yeah. [2:11:21] » And the houses that run along Jefferson north and south of South Jalter Road [2:11:26] » all the way to Woodruff. >> Okay. [2:11:28] Sugar Island Drive, South West Jefferson, [2:11:34] Kingsbridge, and Windsor Drive. Rick's blood pressure is [laughter] [2:11:44] » This is why you only do this once every 20 years. [2:11:48] » And then you repeat. [laughter] >> Come on. [2:11:51] » All right. >> Okay. All of the All Okay. the homes in [2:11:55] uh Sugar Island Court, New Subdivision, the homes along Windsor Drive, uh the [2:12:01] homes north and south of South Jalter along West Jefferson that were [2:12:05] previously R1 will now be designated as R1A on the zoning map. [2:12:10] » And so my question is if that's what we're going to do, don't we need to [2:12:14] bring this to the resident's attention and let them know what the change was [2:12:19] will be? >> Well, it doesn't change anything. It's [2:12:22] just it's >> first of all, is there a second? [2:12:23] » Uh, yeah, that was my motion. >> I'll second it. [2:12:25] » Thank you. >> Um, [2:12:27] » discussion. >> So, don't we need to inform the [2:12:31] residents that their zoning is changing and at least give them the facts on what [2:12:38] has changed about their zoning because R1 and R1A won't be the same. [2:12:44] » So, the lot, you're saying we should let the residents know that their lot size [2:12:47] designation changed their zoning. Well, I mean, it's really not that crystal [2:12:52] clear what is the difference between I mean, do we have a list? [2:12:55] » They fall under the current one, the zoning, the square foot lot size. Now, [2:13:00] it's the old ones that are getting the change that now they'll be able to do [2:13:06] something without being out of ordinance. [2:13:10] » The the change you requested, the intent is for it to operate how it currently [2:13:16] is. So there wouldn't be a change to their district. They get a name change. [2:13:21] They'll go from historic R1 to new R1A, but everything's going to be the same. [2:13:26] » I guess to Marian's point, is there any way to communicate that? Like is there a [2:13:29] forum like a like a forum? [2:13:36] [sighs] >> Short answer. Short answer, no. [2:13:40] » Is so >> well I mean you can [2:13:43] » So again, it goes back to this meeting. We follow the state of Michigan gives [2:13:49] very specific guidelines in how you notify people about certain events. So [2:13:56] for a public hearing for a planning commission, we follow the state of [2:14:01] Michigan guidelines, which means you publish it 15 days in advance. [2:14:07] We met that burden with this. Um, we So you publish it online, you publish it in [2:14:14] the newspaper and any other method of communication for us to [2:14:20] » go doortodoor for us to do a largecale mailing [2:14:24] » for every one of these residents would cost thousands of dollars. [2:14:31] And then the question becomes, okay, if we're going to mail them something, what [2:14:35] are we going to say? In reality, if you're going to send someone a piece of [2:14:40] mail, you want to provide some sort of information that's beneficial to them. [2:14:46] You'd likely be looking at a few pages, a few pieces of paper. That's going to [2:14:52] cost even more money. Um, that's why the state has very, I don't want to say [2:15:00] broad, but they have standards of publish in the newspaper. And when it [2:15:05] says publish in the newspaper, it's published in the newspaper that is um [2:15:10] [clears throat] >> local [2:15:11] » local the local newspaper that people in your community are going to read. Now [2:15:17] again, we have made really great steps in the last few months of making sure [2:15:23] our residents have access to information like the packet information. Residents [2:15:28] before had to come to city hall and ask for that information. We now put it all [2:15:33] online. Um people can still come to us and ask and we will provide that. But [2:15:39] to go and notify notify every resident that hey the city is considering this [2:15:48] change at this public hearing or at this meeting this date would be almost cost [2:15:55] prohibitive. [2:15:58] I I really struggle with that. if we're meeting the um [2:16:04] if we're meeting the state's guidelines, if we are providing our residents with [2:16:09] more access than ever before, and it I I struggle with the idea of spending [2:16:16] thousands of dollars to let them know that the title of their [2:16:22] zoning has changed when substantially what we've done is provide a benefit to [2:16:28] them by saying, "Hey, If you in this area are now designated [2:16:34] as a small lot size residential, which means if something happens to your [2:16:39] house, you don't have to go on a roller coaster ride, [2:16:45] you can rebuild as it was. I I'm ultimately that's uh all of that to say [2:16:56] if this body feels it is imperative that we send out a um letter to every single [2:17:04] resident regarding this change. We can do it. But [2:17:09] that is going to cost a significant amount of money and it's going to take a [2:17:14] significant amount of time. So just consider that if that is your direction [2:17:20] to us. All that to say. Yeah. Sorry. >> And I just from the beginning of this [2:17:26] meeting on a different topic, all I heard is resident after resident, it [2:17:30] takes you so long to make a decision. And now we're about to make a decision [2:17:34] and we have a little push back not to make a decision and take more time to do [2:17:37] it. [2:17:44] » I don't know. IC R1 and R2 if we eliminated the two family dwelling, [2:17:49] private garages, private clubs, they're essentially the same. [2:17:55] The only difference would be under special land use where it allows [2:17:58] boarding and lodging in horse stables. And you're not going to have a horse [2:18:01] stable unless you have a minimum of 25 acres. U I I think if we eliminate the [2:18:06] last three bullets under R2 on permitted uses, [2:18:12] R1 and R2 are identical. Correct. [2:18:20] » Just a reminder, there's a motion. >> There's a motion on the table. Yeah. To [2:18:23] do the R1A. Any other discussion? [2:18:28] » I I mean, why don't we make them identical [2:18:32] then? I mean, and leave the special uses >> because then there's other properties [2:18:38] though, like up here where you'd want an R2 to be capable to potentially either [2:18:42] be houses or have a club or down here. So, you have to decide if [2:18:48] » do you want those I'm sorry. Do you want those clubs in the R2? Is that the [2:18:51] intention? >> No. [2:18:53] » Then you don't want them there anyway. >> So, you wouldn't put those clubs in the [2:18:57] R2? >> I guess you're that's true. So, you [2:18:59] could just say, well, that's what we said before. just delete everything out [2:19:03] of >> No, they're permitted in your other [2:19:06] districts. So, the private clubs specifically were permitted [2:19:11] in the R3 and the C1 district. [2:19:15] » So, >> it doesn't make sense that they're in [2:19:17] the R2 unless you want them there. >> I mean, I don't want I don't but So, [2:19:23] then you're saying just make the R1 and the R2 exactly the same. [2:19:26] » Yeah. under permitted uses basically make R1 and R2 the same. [2:19:31] » Which amend my motion? [laughter] [2:19:37] » How does that address the duplexes? >> Donovan R1 the permitted uses are [2:19:41] currently what we have now anyhow. Correct. [2:19:44] » Correct. >> Yes. [2:19:44] » So we're not changing any of the permitted uses if we make them the same. [2:19:49] » Okay. So no duplexes at all. >> And the ones that are there today are [2:19:56] out of Correct. [2:19:58] » There was already a motion about duplexes, right? [2:20:02] » Am I forgetting? >> Is the homes currently or currently um [2:20:08] designated as R1 will now be R1A? >> No, we did duplexes from permitted to [2:20:12] special use. >> Yeah, we did. [2:20:14] » Yeah. >> So, we're covered. That was an earlier [2:20:16] one earlier in the meeting. >> Oh, okay. [2:20:19] » Okay. Okay, I'm going to amend my motion to align permitted uses in the R1 and [2:20:25] the R2 district. >> Align last raise concerned [2:20:31] » uses >> we previously we special land use two [2:20:37] family dwellings in the R2. If we're making them the same, are we [2:20:42] allowing special land use duplexes in the canal properties or are we saying [2:20:47] the opposite where R1 currently doesn't have two duplexes? And if we make it [2:20:53] match, we're going to override our last decision and not allow duplexes in the [2:20:58] R2. >> That's why I made the R1A. [2:21:02] » Correct. [laughter] Which is why you made R1A. Alternatively, you could um [2:21:08] you could amend your motion to match R1 permitted uses with the exception of the [2:21:16] addition of um duplexes as special land use, [2:21:21] » which would be the only difference between the two. [2:21:23] » Yes. Or just >> or just make the R1A like I had it and [2:21:27] then it covers R1, R1A and R2. I think it's a better idea for the R1A. I think [2:21:33] we should leave R2 as is because there could be a use for that because we've [2:21:38] just butchered R2. >> R2 had a purpose. [2:21:42] » If Yeah. If they start building along Fort Street or out there, they could [2:21:48] come and ask for reasonzoning, too. >> Correct. [2:21:52] » You know, say, "Hey, I'd like to go to our [2:21:55] » keep the >> No amendment." No amendment. [2:21:59] » Okay. >> Do I have support? Do you want to [2:22:04] » uh Built supported you? >> Hold on. I crossed out a bunch of [2:22:09] things. >> So, what are we doing? [2:22:11] » R1A, R1, R1A, and R2. And all those houses. [2:22:16] Remember I said the long one like >> the Sugar Island Court new houses, the [2:22:21] Windsor Drive houses, the houses along Jefferson north and south of South [2:22:25] Jibralter that were originally R1 will now become R1A, which is specific to lot [2:22:30] size only. >> The R1A permitted uses will match the [2:22:35] existing R1. The R2 will remain as as >> it is. [2:22:40] » Yes. [2:22:43] » All right. Moved and supported. All in favor say I. I [2:22:46] » I >> Any opposed? [2:22:50] » All right. [laughter] >> All right. [2:22:53] » So, R2 stays the same. >> Yes. [2:22:57] » Just not on the map. >> What was the last sentence? [2:23:01] » Just not on the map. >> You're happy. [2:23:04] » Okay. Any There you go. Any [2:23:12] Did I get that right? >> Yes, sir. Plus [2:23:16] » plus plus up there. >> Gotcha. All right, we're on the same [2:23:18] page. >> I love snippet. [2:23:20] » Uh okay. [2:23:25] » The next thing would be if folks are comfortable to make a recommendation [2:23:30] um the council for their first review [2:23:36] » of >> with changes [2:23:39] » with Yes. >> Oh, I'm not saying the motion. I'm just [2:23:42] saying like the next thing would be >> because I'm temporarily hopefully [2:23:46] temporarily hearing impaired. I'm writing my notes. So the R1A is going to [2:23:50] have the same permitted uses as >> R1. [2:23:52] » R1. Okay. >> Yes, sir. [2:23:55] » Thank you. So potentially we could make a recommendation [2:23:58] to council um [2:24:03] once all of our proposed changes are added [2:24:08] uh to have their first review of our zoning ordinance amendments. [2:24:15] The motion would be to, if you were to take action today to forward, it would [2:24:19] be to make a recommendation to city council to approve the draft ordinance [2:24:25] with the changes discussed via motion in this meeting. That way, it would go [2:24:31] forward with everything we discussed. And then I'll also give you a follow-up [2:24:35] memo next week >> at our meeting. [2:24:38] » Yep. [2:24:42] » I'll make that motion. [2:24:47] support. >> Moved and supported. All in favor say I. [2:24:52] » I. >> I. [2:24:53] » Any opposed? [2:24:56] » Okay. >> Uh, next would be a motion to adjurnn. [2:25:00] » Motion to adjurnn. >> Second. [2:25:02] » Moved in supported. All in favor say I. >> Any opposed. [2:25:06] » Did Garrett leave the meeting? >> Thank you everybody. I appreciate you. [2:25:12] » We don't have that tonight. Oh, no. >> Oh, that's right. [2:25:19] » Welcome to the club. [2:25:23] You got a picture of a deer and that's your kids. I got his ass, too. I don't [2:25:27] even know where that came. Look, just a