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  • Planning Commission Work Session 8/27/2024
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Planning Commission Work Session   8/27/2024

Attachments
  • Planning Commission Work Session Agenda.pdf
  • Planning Commission Work Session Minutes.pdf
    • SPEAKER_05
    • 00:00:05
      We have two.
    • SPEAKER_04
    • 00:03:17
      Welcome to our work session, everyone.
    • 00:03:21
      It's been a while since we've had one of these, but we have a number scheduled to come up and we've got a lot of really
    • SPEAKER_01
    • 00:03:46
      Good topics to jump into over the next couple of months.
    • 00:03:50
      So we definitely keep busy with that.
    • 00:03:54
      For this work session, it's been advertised such that we are going to take comments from the public in written format.
    • 00:04:05
      So if we have anyone interested who is viewing the meeting and would like to submit comments,
    • 00:04:14
      Those can be accorded to my email, CreasyM at Charlottesville.gov.
    • 00:04:21
      We don't have any public in the group quite yet, but if they were, we would allow them.
    • 00:04:25
      They haven't been able to fill something out here if they would like to make sure that folks are able to provide us with written comments as they need, but we're not going to have a verbal public comment session on in this meeting.
    • SPEAKER_04
    • 00:04:44
      Oh, buddy, I think the way the NDS team wants us to do this is just, this is a document.
    • 00:04:52
      This is the main document that we're going to be talking about, that backup documentation that I would do.
    • 00:04:58
      But if I had to come to Cleveland with the words like, S-I-T-U-S, because I've never heard that word before.
    • 00:05:05
      But you don't want us to, as soon as me, it's been you on occasion, I think.
    • 00:05:10
      But I couldn't explain this part.
    • 00:05:12
      I really couldn't explain this.
    • 00:05:13
      It's not good here.
    • 00:05:16
      And the kind of data by Rory and I believe one, what happened before this consideration came in from Mr. Emery.
    • SPEAKER_01
    • 00:05:25
      So our committee created the statements that we've got noted here.
    • 00:05:33
      I added in the code references and then made sure you had those in your package just in case you needed
    • 00:05:40
      Sorry, I spent so much time with them, but you know, you learn some new stuff.
    • 00:05:45
      So it's a good thing.
    • 00:05:47
      And this, this is in a draft, very draft format.
    • 00:05:51
      And after you guys have the opportunity to work through it, we'll, we can polish it up for you guys.
    • SPEAKER_04
    • 00:05:58
      Danny Yoder, Carl Schwarz, Hosea Mitchell, Lyle Solla-Yates, Hosea Mitchell, Lyle Solla-Yates, Hosea Mitchell, Lyle Solla-Yates, Hosea Mitchell, Lyle Solla-Yates, Hosea Mitchell, Lyle Solla-Yates, Hosea Mitchell, Lyle Solla-Yates, Hosea Mitchell, Lyle Solla-Yates, Hosea Mitchell, Lyle Solla-Yates, Hosea Mitchell, Lyle Solla-Yates, Hosea Mitchell, Lyle Solla-Yates, Hosea Mitchell, Lyle Solla-Yates, Hosea Mitchell, Lyle Solla
    • SPEAKER_03
    • 00:06:14
      We started by looking at the previous year.
    • 00:06:18
      Didn't want to reinvent the wheel.
    • 00:06:20
      Two of those from the previous year's packet without we're especially present and have been acted on for knowledge, which is about attendance rights, which is straight out of our passing plan.
    • 00:06:33
      And about sales tax increase or public schools, something we've talked about.
    • 00:06:38
      a lot and got a little bit of credits at that plan.
    • 00:06:43
      So I think we have a pretty good consensus on those and the Council support those.
    • 00:06:48
      So, question about the school one, like we know that's going in Councils back at, no matter what, it's not exactly our territory except that we review the CIP.
    • 00:06:59
      Do we need it in there?
    • 00:07:02
      They're going to do it anyway?
    • 00:07:06
      We see for a memo focused on things that we want them to think about they may not have or any.
    • 00:07:16
      Why not?
    • 00:07:17
      I mean, it's, it's not even, it's not even in paper.
    • SPEAKER_04
    • 00:07:20
      It's just, it's just.
    • SPEAKER_03
    • 00:07:23
      I mean, yeah, well, but they're, they're not, they already have it in their pocket.
    • 00:07:27
      So I guess it's not.
    • SPEAKER_04
    • 00:07:29
      I don't know, I don't want, I don't want to take over because it's your meeting.
    • 00:07:35
      The question is about A, first one, yes.
    • 00:07:39
      The bullet number one, we're talking about the affirmative defense and two non-Hamets.
    • 00:07:46
      Does that mean that that just simply means that they can withhold their rent if things aren't being fixed properly, right?
    • 00:07:51
      And if it does, doesn't it already exist?
    • 00:07:54
      Yeah, I thought that was a thing already.
    • SPEAKER_00
    • 00:07:55
      I don't know.
    • 00:07:59
      I mean, that in theory it does, but then
    • 00:08:04
      When legal aid gets, bill has to be asked to reinforce.
    • 00:08:08
      I'm not, that's a good question.
    • SPEAKER_03
    • 00:08:12
      My opinion is contractual and no state interest or involvement.
    • SPEAKER_04
    • 00:08:17
      The other question I've got is, what does it mean to waive their appeal behind that?
    • 00:08:23
      What does it mean to waive your appeal on?
    • 00:08:26
      Second, vote A. Now, in attendance tonight, if there's a dispute and there's
    • SPEAKER_03
    • 00:08:33
      If you have to bond over what's owed, if there's a decision that's made, you have to bond over when you're appealing, you have to bond the amount.
    • SPEAKER_04
    • 00:08:41
      The applicant or the applicant has to bond over the amount.
    • 00:08:47
      And you guys are wanting to to waive that until they've really disputed the result, correct?
    • 00:08:56
      And the fourth bullet, this is work control, right?
    • 00:08:59
      You guys are advocating that control.
    • 00:09:02
      Yes.
    • SPEAKER_03
    • 00:09:04
      Yeah.
    • 00:09:05
      And we are aware that an invasion by flying monkeys might be more likely than getting that through the current legislation.
    • 00:09:16
      But what the heck?
    • SPEAKER_04
    • 00:09:19
      Well, are there any other localities in which they have to go?
    • 00:09:26
      I know the guy in DC, Washington DC, has a strong link with the coordinates.
    • 00:09:35
      The sales tax.
    • 00:09:38
      Do you guys have a revenue objective there?
    • 00:09:40
      The B now.
    • SPEAKER_03
    • 00:09:43
      B. Like a couple of nine years ago.
    • 00:09:47
      I think we have that somewhere.
    • 00:09:48
      I mean, not us.
    • 00:09:51
      Oh, yeah.
    • 00:09:51
      The sales tax.
    • 00:09:52
      I was thinking about this.
    • 00:09:55
      This is the same current little block.
    • 00:09:57
      This is the real top of the map.
    • SPEAKER_04
    • 00:09:58
      Well, three percent were paid now.
    • 00:10:02
      Let's convince you.
    • SPEAKER_03
    • 00:10:06
      Which one?
    • 00:10:08
      It's going to be a referendum anyway, so I feel like it doesn't like it, but against it.
    • SPEAKER_04
    • 00:10:17
      And again, Mr. Yoder, you guys can run the meeting.
    • 00:10:18
      I'm just asking for questions, because you guys are bored.
    • 00:10:21
      Please.
    • 00:10:29
      Number two on the second page.
    • SPEAKER_03
    • 00:10:32
      Internew this?
    • 00:10:32
      Well, sort of a new-ish business.
    • SPEAKER_04
    • 00:10:34
      Oh, I'm sorry.
    • SPEAKER_03
    • 00:10:37
      So the next two are efforts that we have worked for in Richmond in the past, but that's successful.
    • 00:10:46
      Next two again at least.
    • 00:10:48
      Number two and number three.
    • 00:10:51
      Number two was legislation from two years ago, allowing just Charlottesville to change how we do taxation.
    • 00:10:59
      The idea two years ago was for housing
    • 00:11:03
      Now, with the transportation or transit partnership, transit becomes an interesting possibility as well.
    • 00:11:12
      So we can hit our transit goals and our housing goals.
    • 00:11:15
      Is it great?
    • 00:11:16
      Can you explain what exactly this is?
    • 00:11:21
      It's setting different tax rates for land and improvements.
    • 00:11:25
      Yes.
    • 00:11:25
      OK.
    • SPEAKER_04
    • 00:11:26
      It has different tax rates for land and improvements.
    • 00:11:30
      Okay, to evaluate it one way, we're going to put the infrastructure that you've blown up a little bit.
    • 00:11:35
      Okay, I have your stuff.
    • 00:11:36
      Thank you.
    • SPEAKER_03
    • 00:11:37
      So Steve, five or six, would you like to have that?
    • 00:11:41
      Yes, I'd rather use it.
    • 00:11:42
      So Richmond, a couple of places in North Virginia, the coast.
    • 00:11:49
      What is the, they saw an optimization, they don't use it.
    • SPEAKER_02
    • 00:11:54
      Correct, I think that one went through the same process.
    • 00:11:57
      What would we
    • 00:11:58
      How would we do that?
    • 00:12:00
      What would we value?
    • SPEAKER_03
    • 00:12:03
      Typically, you would have a lower tax on improvements to incentivize not sitting on bigot land.
    • 00:12:09
      The extreme version is the land value tax, where you don't tax improvements at all.
    • 00:12:13
      Only tax value of land.
    • 00:12:15
      Henry George.
    • 00:12:16
      That was my question.
    • 00:12:18
      That answers that.
    • 00:12:18
      I was trying to get at the goal of it.
    • 00:12:21
      I obviously can't speak English tonight, so I don't know what's wrong with me.
    • 00:12:29
      We have options that we can do, right now we can do tax evapements to kind of get at that, but it's clunky.
    • SPEAKER_00
    • 00:12:40
      So this is just an undeveloped plan, not separating, there's a 100 year old home that hasn't been touched in years from
    • SPEAKER_03
    • 00:12:55
      No, if you're calling the land, you can value the land and you can value the improvement separately.
    • 00:13:01
      So they're already assessed.
    • 00:13:03
      If you look at GIS, there's already a value for improvements, a value for land.
    • 00:13:07
      And this would be, if you have land and improvements, the land would be taxed to one rate.
    • 00:13:12
      Improvements are different.
    • 00:13:16
      There was an assessment done of a census block.
    • 00:13:20
      A few years ago, I think
    • 00:13:23
      I think it was a 10% discount for residences on average.
    • 00:13:29
      But businesses would pay quite a bit more just because of the giant parking lots.
    • SPEAKER_04
    • 00:13:40
      So we can't currently do that?
    • SPEAKER_03
    • 00:13:42
      Not in Virginia, unless we get one of the six localities.
    • 00:13:47
      We just want to be able to do that.
    • 00:13:52
      So we can't, we can't, the two we're talking about being able to differentiate the tax rate applied to each of those, right?
    • 00:13:58
      So we can value them separately, that's what we do, but then we combine that value and then provide one tax rate against that value, right?
    • 00:14:07
      Where we have a buck in sometimes.
    • SPEAKER_04
    • 00:14:08
      It gives tax break to residences, which is it
    • SPEAKER_03
    • 00:14:21
      That's just great.
    • 00:14:22
      One of the reasons it's holding costs.
    • SPEAKER_04
    • 00:14:24
      So, for example, if you have a land bank or a land treasury, and you've got a land that's taxed, the tax is paid by habitat, and the house is on top of how the land will be paid by the owner.
    • SPEAKER_03
    • 00:14:37
      And habitat is taxed as well.
    • 00:14:41
      Yes.
    • 00:14:41
      Well, you could also... Yeah, there are lots of ways, there are lots of schemes that you can bring into play about it.
    • 00:14:49
      You can
    • 00:14:50
      as they say, encourage the development.
    • 00:14:52
      But also, if you've got very high density, you're going to have these slots with itty bitty pieces, scraps of land, you know, condominiums for that matter, too.
    • 00:15:03
      You can make that differential, even though it's much less of a difference.
    • 00:15:06
      You just take a fraction, actually common elements.
    • 00:15:09
      Yeah, at least.
    • 00:15:14
      Number three, actually two similar bills went to Governor's desk last session.
    • 00:15:21
      We are asking for it again, and adding more.
    • 00:15:27
      Early, which is a 20% tree canopy, which is the current myth about the vaccine that we're permitted to request, and then giving us additional powers to inflate planes that are authoritarian.
    • SPEAKER_04
    • 00:15:37
      So how does this differ from what Bill wants to do?
    • SPEAKER_03
    • 00:15:43
      This is part of what he's talking about.
    • 00:15:44
      Bill wants to provide more of an incentive by letting you plant trees to lower your stock.
    • SPEAKER_04
    • 00:15:49
      Yeah, I like that idea.
    • 00:15:50
      Yeah, I mean, it seems like you're, I mean, imagine, you know, a downtown lot, right?
    • 00:15:53
      We have the trees in the public right of way.
    • SPEAKER_03
    • 00:16:11
      Are you saying that we would now have to reserve 20% of land on a downtown lot to not be built on?
    • SPEAKER_02
    • 00:16:18
      It allows up to 20%.
    • SPEAKER_03
    • 00:16:20
      Well, it allows us to require.
    • SPEAKER_02
    • 00:16:22
      Yeah.
    • 00:16:22
      So we would, that would be us making that requirement.
    • SPEAKER_03
    • 00:16:26
      Us and every other locality in the state.
    • 00:16:29
      Yes.
    • SPEAKER_01
    • 00:16:29
      Yeah.
    • 00:16:30
      I think that would be a very complicated conversation.
    • 00:16:35
      10% is a struggle for some of our
    • 00:16:41
      So I'm sure that they would have some things to say as part of that discussion.
    • 00:16:47
      Yes, that's just an important alternative.
    • SPEAKER_03
    • 00:16:51
      So if you're not, if you're not actually providing it, that sort of tree bank option, I guess that's nice.
    • 00:17:01
      The state, it doesn't really help the city much because it all gets shuttle, you know, this, this tree, this banking of trees that you're allowed to do.
    • 00:17:08
      And it goes to
    • 00:17:11
      What is the something agricultural conservation fund for the state?
    • 00:17:15
      Oh, like New Green Green and Blue.
    • 00:17:17
      And then there's a, then you pay.
    • 00:17:19
      No, that's, you know, it's the state that under, it's the underlying law about coverage in the present statute.
    • 00:17:28
      That all in the world is the state has enabling legislation that says you can, you can, you just probably can mandate up to 10% tree canopy coverage on commercial bots.
    • 00:17:41
      That's 20% on residential and I think that's 10 years later.
    • 00:17:45
      And then there's lower limits for more.
    • 00:17:48
      But the relevant Right.
    • 00:17:53
      So, but in the present statute, section E, the replacement of trees during the development process.
    • 00:18:01
      has reasonable exceptions.
    • 00:18:03
      What I'm saying is that instead of if we're trying to be in an incentivized way, we've got this state apparatus that handles the, they've got a payment and lose sort of option here.
    • 00:18:13
      And that's already in our ordinance.
    • 00:18:17
      It's in the state statute now.
    • 00:18:19
      Okay.
    • 00:18:20
      152961.3 that was passed out.
    • 00:18:24
      Section E.
    • 00:18:35
      So one could amend the request in terms of changes to the legislation and say, so we have the reasonable exceptions in hours about fine land and wetlands and unreasonable hardship.
    • 00:18:53
      Right.
    • 00:18:53
      And I don't think I don't remember ever having a tree canopy bank option.
    • 00:18:57
      We don't.
    • 00:18:58
      Well, we don't.
    • 00:18:59
      Yeah, we don't.
    • 00:19:01
      But that's a challenge provided for us.
    • 00:19:04
      Yeah.
    • 00:19:04
      Not make or rise for.
    • 00:19:07
      And then if you're, and then there's this offset that's essentially credit that's equal to what the cost would have been to do it, and that goes to this National Resources Commitment Fund.
    • 00:19:20
      I mean, this does actually say that the bank should be within locality, located as feasible, closely as feasible toward the development part of it, if no bank within locality.
    • 00:19:29
      Then unmet portion, maybe that's like payments.
    • 00:19:34
      to the state administration.
    • 00:19:35
      And what sort of gives me pause there is that's a state apparatus that we're asked to change.
    • 00:19:41
      If we were to change it, for example, to say, yeah, unmet, you can make a payment in Luda to the city, but it can't.
    • 00:19:48
      So it could get sticky.
    • SPEAKER_02
    • 00:19:49
      And who knows what second order
    • SPEAKER_03
    • 00:20:01
      Interests are involved in that whole process there.
    • 00:20:05
      Yeah, I mean, I get that we're not creating the ordinance now, we need some authorization, but to throw out a random number like 20% without looking at, oh yeah, without looking at site plans and saying, well, where's the site plan wrong?
    • 00:20:24
      Where would I put picture tree canopy seems, I don't know.
    • SPEAKER_04
    • 00:20:31
      So how would you like to breathe?
    • 00:20:35
      Breathe.
    • 00:20:37
      Breathe in and out.
    • 00:20:38
      You can take it out.
    • 00:20:41
      That's my personal thing.
    • 00:20:42
      I can't go in here that way, but I don't want you to get out of that bag and want to compromise.
    • 00:20:54
      Sorry.
    • 00:20:55
      So there's something you have to hide in between, but you guys are trying to accomplish what you would do.
    • 00:21:00
      But with the approach you guys want to take, and the approach Bill wants to take.
    • SPEAKER_01
    • 00:21:05
      OK.
    • 00:21:05
      I like those.
    • 00:21:05
      I think we can vote for them.
    • SPEAKER_04
    • 00:21:07
      Yes.
    • 00:21:07
      That was my practice.
    • SPEAKER_01
    • 00:21:09
      So I'll just jump in, because we're talking about Bill.
    • 00:21:16
      So I talked with Donald Strong and Jordan, who is our sort of utility manager.
    • 00:21:24
      He's been here for a few months.
    • 00:21:26
      I haven't met him in person, but I've talked to him.
    • 00:21:28
      He's a great guy.
    • 00:21:30
      about and showed him Bill's email.
    • 00:21:34
      And then we talked a little bit yesterday and he wasn't aware of any sort of data at that point in time.
    • 00:21:43
      And then he got back with me this morning and said that there potentially was some work being done to try and come up with a way to quantify tree canopy
    • 00:21:58
      as a BMP under the stormwater code.
    • 00:22:04
      So apparently there's stuff out there being worked on.
    • 00:22:08
      It's not fully baked.
    • SPEAKER_03
    • 00:22:10
      Would that be allowed under the turn statute?
    • SPEAKER_01
    • 00:22:12
      Well, if it's categorized as a BMP, then it already fits.
    • 00:22:18
      Basically, the general point is that once it gets to the point where the math and
    • 00:22:26
      The standards are there.
    • 00:22:27
      It already has a box to go in.
    • SPEAKER_05
    • 00:22:30
      Okay.
    • SPEAKER_01
    • 00:22:30
      So, and his team seemed very excited about it, just, you know, just tested to come to fruition in a way that they can quantify it so they need all the regulations.
    • SPEAKER_03
    • 00:22:42
      So you don't need the state.
    • 00:22:43
      We don't need state action to do this.
    • 00:22:45
      It's if it's incorporated into the as an accepted best management practice being made under the control model regulations.
    • 00:22:55
      Oh, guys, you're talking about politics.
    • SPEAKER_04
    • 00:22:58
      Yeah.
    • 00:22:58
      So we can just do it.
    • 00:23:01
      So we can take it off the table for tonight.
    • SPEAKER_01
    • 00:23:03
      Correct.
    • 00:23:04
      We don't need to ask the state for anything, because once the industry gets to the point where they have what they can quantify, we can move forward with that.
    • 00:23:15
      And they're very excited for that opportunity.
    • 00:23:19
      So that's a good tip.
    • SPEAKER_04
    • 00:23:20
      All right, cool.
    • 00:23:23
      So back to free.
    • 00:23:24
      and 20% versus 10%.
    • SPEAKER_03
    • 00:23:28
      I have one tweak thought, which is that we could remove the first section about 20% and just ask for additional powers in floodplains and riparian portals, which is my personal priority.
    • 00:23:43
      I like that.
    • 00:23:44
      Sure.
    • 00:23:45
      Let's do that.
    • 00:23:47
      Don't we have broad authority now to establish riparian numbers?
    • 00:23:50
      I mean, the county has it.
    • 00:23:51
      We were about to make them.
    • SPEAKER_04
    • 00:23:53
      We do have authority to create proclaiming documents.
    • 00:23:56
      I would say that there's been some dispute around the nature of that authority.
    • SPEAKER_03
    • 00:24:04
      But the county, and we, both us and the county have done it.
    • 00:24:09
      All right, we just only have further event and one degree.
    • 00:24:13
      Three water bodies.
    • 00:24:14
      More than that, I agree.
    • 00:24:15
      Yes.
    • 00:24:22
      And that is specifically about establishing their parents' property or maintaining them.
    • 00:24:32
      But not about requiring county with them then?
    • 00:24:34
      Is that letting you can't disturb them?
    • 00:24:36
      So it's just kind of whatever's there?
    • 00:24:39
      I guess.
    • 00:24:40
      You can also, I kind of hesitate to say definitively what you can do or you can't do.
    • 00:24:48
      You can preserve them.
    • 00:24:50
      I'm not sure what it says about
    • 00:24:52
      for actively restoring them.
    • 00:24:54
      What if we took the amendment that Bob has suggested we would definitively be able to essentially restore an area, right?
    • 00:25:02
      Because if you read it all in sight, you'd be requiring a tree canopy.
    • 00:25:11
      So 20% goes from the first ad, you have to then add language saying greater than 20% of what
    • 00:25:18
      I have a language suggestion on that.
    • 00:25:20
      Strike, in quotes, be required a 20% tree canopy for all uses.
    • 00:25:26
      And I think with that change, it flows properly.
    • 00:25:30
      Would you read it to permit the recoup?
    • 00:25:33
      A greater.
    • 00:25:37
      A greater percent.
    • 00:25:39
      Do you have to qualify for greater or just keep it ambiguous at the greater percent?
    • 00:25:44
      Oh, you're right.
    • 00:25:46
      It needs to be a greater percent.
    • 00:25:48
      of Tree Canopy.
    • SPEAKER_01
    • 00:25:49
      Is that the requirement of a greater person?
    • SPEAKER_03
    • 00:25:52
      Yeah, it is my working context, right?
    • 00:25:56
      Yeah.
    • 00:25:56
      But I'm just a follow-on.
    • 00:25:58
      There is some gray and relative weather.
    • 00:26:02
      The authority to create buffers comes from the Chesapeake Bay Act, which is mandated east of 95 in Tidewater and then permissive in other parts of the state.
    • 00:26:14
      What is kind of gray is whether
    • 00:26:18
      The localities west of 95 have the ability to establish kind of any old buffer program or do they have to join the entire Chesapeake Bay program in order to establish a buffer?
    • 00:26:28
      This makes me nervous on the grounds that if we
    • 00:26:33
      This is one of, I mean, I just, I could be a hundred percent wrong about this, but I would think that there are development interests that we push back against this.
    • 00:26:40
      If we go down to Richmond and get the push back against this, we could muddy our own riparian buffer authority and have people take a look at that and have that in the focus of something.
    • 00:26:50
      Oh, no, this really is a gray area.
    • 00:26:53
      And, you know, I mean, it's, I don't know what the number is correct for the number of lawsuits we should be fielding, but you know, I mean,
    • 00:27:04
      I think we probably have to see it.
    • 00:27:06
      Yeah.
    • 00:27:07
      Yeah, I'm pretty sure.
    • 00:27:09
      Well, yeah, like Potter Stewart, I think I know when I see it.
    • 00:27:12
      This might have unintended consequences if we start blundering around with this about having our back straight.
    • 00:27:26
      I don't know if the rest of you think I just can see someone trying to drive a wedge right into that.
    • 00:27:30
      I mean, if this goes down, if we go down to Richmond and it crashes and burns, then the argument is, oh, you really don't, the affirmative, we don't have the authority to do this.
    • 00:27:38
      Oh, what about the Chesapeake?
    • 00:27:40
      Yeah, that's great as heck.
    • 00:27:41
      Let's have a lawsuit.
    • 00:27:43
      Good.
    • 00:27:46
      Good, baby.
    • 00:27:46
      So what would you like to do with this?
    • 00:27:48
      Which, I mean, it doesn't, I mean, I want legal opinion.
    • 00:27:50
      It's funny, what would you like to do?
    • 00:27:52
      Before I, yeah.
    • SPEAKER_01
    • 00:27:53
      I know, I don't sit in the kitchen.
    • 00:27:56
      This would go forward to the legislative committee, which has the lawyer, I'm assuming it has in the past.
    • 00:28:03
      One of us is a lawyer, but what about our lawyer?
    • SPEAKER_03
    • 00:28:09
      I thought you were referring to the members of the committee.
    • 00:28:14
      Yeah, typically the city attorney's office is only advised on the legislative
    • 00:28:26
      I think that gets flagged, is do we step in something next and add light here?
    • 00:28:37
      If you just change the language to just say replacement of tree during development process and look at, you're just referencing the existing, I guess, law, could you say
    • 00:28:50
      I guess my point is that we're opening up a political can of worms because you're down to Richmond you advocate for this you're going to have pushback from that on the developer side and if you're in that and it's
    • 00:29:12
      fails.
    • 00:29:12
      It affirmatively fails.
    • 00:29:13
      I'm just curious, and you're not trying to establish new floodplains or right parent areas.
    • 00:29:17
      These are currently established ones.
    • 00:29:19
      You're just trying to get an authority that right now, if you look at the law, you can't advocate for more than 20% of the campaign areas.
    • 00:29:25
      That may already be 70, 80% or you can't be trying to push it further.
    • 00:29:29
      But my concern is that it goes down there and it fails.
    • 00:29:33
      We don't get it.
    • 00:29:34
      But in the process of that, we've got an affirmative.
    • 00:29:36
      We've got a conversation in the legislature about it.
    • 00:29:38
      We've failed.
    • 00:29:39
      It fails.
    • 00:29:42
      And now you've got, well, the state has spoken, in essence, that you can't do this.
    • 00:29:46
      And now we're relying entirely on our fuzzy, permissive Chesapeake Bay Act authority, which no one has been paying terrible attention to right now, but they might in that circumstance.
    • 00:29:57
      Because now we don't have it.
    • 00:29:58
      I just feel like we might, I want to worry to give you your, you know, yes.
    • SPEAKER_04
    • 00:30:02
      Yeah, I just, yeah, I mean, we, we send this on to them, you know, at the work spend with the gang.
    • 00:30:08
      I think we're worried about that.
    • 00:30:10
      Yeah.
    • SPEAKER_03
    • 00:30:13
      I have some updated language.
    • 00:30:17
      To permit the requirement of a greater than 20% tree canopy in flood plains and wetterian areas.
    • 00:30:23
      Yes.
    • 00:30:29
      To permit the requirement of a greater than 20% tree canopy in flood plains and wetterian areas.
    • 00:30:41
      Yeah, but the danger will rob us a bit of that now.
    • 00:30:50
      She sounds weird that you would sort of be limited to an arbitrary 20% in a natural landscape.
    • 00:30:55
      It just seems like a shortcoming of the existing law.
    • 00:31:00
      Oh, yeah.
    • 00:31:01
      I mean, I don't want it.
    • 00:31:02
      I'm just nervous about bailing.
    • 00:31:05
      I think number four is self-explanatory and not our problem.
    • 00:31:08
      These next two are based on current legislation that the State Housing Commission is looking at.
    • 00:31:14
      Both of these were in considered last session and got funded to the committee for review.
    • 00:31:21
      Both of them are probably going to be watered down when they come out, but they will be something along these lines, accessories along units and
    • SPEAKER_02
    • 00:31:31
      I'm going to be an idiot.
    • 00:31:34
      What does it mean?
    • 00:31:35
      I mean, we can already do accessory going.
    • SPEAKER_03
    • 00:31:40
      We're just taking pressure off around the bow.
    • 00:31:45
      Yes, we support it.
    • 00:31:46
      Oh, OK.
    • 00:31:47
      So we're like saying everyone else needs to do it.
    • 00:31:50
      For the second one,
    • 00:31:57
      If we're talking about the faith and housing bill, expanded state resources sounds like funding rather than permitting religious organizations to provide housing.
    • 00:32:12
      Correct.
    • 00:32:13
      Do we now want to directly support that?
    • 00:32:15
      Correct.
    • 00:32:17
      I look into a conversation.
    • 00:32:21
      I mean, I would say we support the faith and housing bill.
    • 00:32:25
      We have had success in religious organizations in Charlottesville, running housing on their excess property.
    • 00:32:32
      Can you share with the faith?
    • 00:32:34
      Yeah, it has essentially expanded rights for religious organizations.
    • 00:32:39
      And I think educational organizations do have.
    • 00:32:42
      It exempts them from zoning or what?
    • 00:32:44
      I think it sort of exempts them, but not like blanket exceptions.
    • 00:32:48
      I think it has previously written it like specified.
    • 00:32:53
      Betsy Kapp, that's higher.
    • 00:32:55
      A minimum Betsy Kapp.
    • 00:32:57
      That's my recollection.
    • 00:32:57
      I don't forget any details.
    • 00:33:00
      There's a different version that I wrote.
    • 00:33:03
      The subcommittee is talking about it, but it's looking bad.
    • 00:33:07
      Bat Vaco and VML are going hard against it.
    • 00:33:10
      That's the deal.
    • 00:33:13
      Captain Counties and these cities are loving against allowing Virginia menace.
    • 00:33:17
      The formalizing on church line.
    • SPEAKER_04
    • 00:33:19
      Who is?
    • SPEAKER_03
    • 00:33:20
      Virginia womenace.
    • 00:33:21
      Association of Counties.
    • 00:33:24
      County's and VML, Virginia Municipal League professors on cities.
    • 00:33:31
      Because they don't want to give up any authority to restrain them.
    • 00:33:37
      I'm generally very, very leery of making any noise about putting, pushing any dollars towards religious and tax dollars towards any sort of religious outfit.
    • 00:33:50
      And I think that if you're, if it's a
    • 00:33:54
      I think that why, I think, I kind of agree with the municipal league on that grant.
    • 00:33:59
      Why don't we give up zoning and control when we have this new permissive code that lets them do a lot?
    • 00:34:06
      What's the game?
    • 00:34:07
      Well, we want other localities to also let them build affordable housing.
    • 00:34:13
      Yeah.
    • 00:34:15
      I just believe a lot of proof, especially the IDs.
    • 00:34:19
      I'm very leery of the
    • 00:34:22
      And we're saying state resources by which we mean money.
    • 00:34:24
      If you want to talk about something that's not money.
    • 00:34:26
      Yeah, I mean, I think state resources has been here in that they complied with the normal life type process if they want funding.
    • 00:34:35
      And I don't know that we should specifically direct resources towards this first order.
    • 00:34:41
      Expanding resources.
    • 00:34:46
      Yeah, state preemption authority, or yeah, maybe not the non-bought organizations provide not religious to land only non-bought organizations.
    • 00:35:00
      So that we're not signaling up religious organizations.
    • 00:35:06
      Does this create like a development loophole where you could be a private developer who forms a nonprofit, acquires land and then?
    • 00:35:12
      Well, it still has to be affordable housing.
    • 00:35:14
      So.
    • 00:35:15
      So, and if they step out of line and, you know, you can see the IRS on them.
    • 00:35:21
      Actually, that's an interesting point.
    • 00:35:22
      That means that we'd actually be creating a pathway where our organization like PHA could create.
    • 00:35:29
      As we're talking about it right now, a great sum for the exemption or greater development of capacity would apply then to an organization like PHA where they acquire land, would apply to religious organizations and
    • 00:35:44
      Non-profit educational organizations, so schools, for example, so like St.
    • 00:35:50
      Anne's Bellfield could build student teacher housing, right?
    • 00:35:54
      There's schools in California that are building teacher housing because they can't afford to live in the communities where the school's on.
    • 00:36:04
      That's supposed to be a negative?
    • 00:36:06
      Yes.
    • 00:36:07
      Oh.
    • SPEAKER_00
    • 00:36:07
      So teachers can't afford to live in the communities
    • SPEAKER_03
    • 00:36:12
      No, no, like, and then we're allowing them to build it.
    • 00:36:15
      Was that bad?
    • 00:36:16
      That's possible.
    • 00:36:18
      Okay.
    • 00:36:18
      Well, VML would say that.
    • SPEAKER_01
    • 00:36:21
      It could be a positive.
    • 00:36:23
      It could also tax, you know, create issues with the tax system if you have huge volumes of that occurring.
    • SPEAKER_03
    • 00:36:34
      I mean, they're not broadly sent from real estate taxes, right?
    • 00:36:37
      The PHA has to accept that we give them the exemptions.
    • 00:36:41
      Habitat specifically is exempt by name.
    • 00:36:48
      So the idea that in statute.
    • 00:36:50
      So a nonprofit currently could develop their land, they would just have to go through
    • 00:36:59
      You know, I'll put that there's not much limitations to redeveloping, but this would be letting them be.
    • 00:37:05
      I don't think it sort of acknowledges that maybe the zoning is not that good if you can find a loophole around it.
    • 00:37:09
      Well, we're just expanding this statewide.
    • 00:37:12
      Yeah.
    • 00:37:13
      Outside of Scholesville.
    • 00:37:14
      Other places don't have this.
    • 00:37:16
      Right.
    • 00:37:16
      So if you take, like, most churches are, I mean, not only single-family areas, but there's no single-family homes.
    • 00:37:23
      So they can't do much there.
    • 00:37:24
      Yeah, but it'd be really
    • 00:37:29
      Yeah, well, I guess, again, it's resources versus, you know, I'm not sure what we would be permitting or exempting.
    • 00:37:35
      We were talking about money.
    • 00:37:37
      That was that was all right.
    • 00:37:41
      So the meat of the bill from last session is if residence leases aren't permitted on that church's land, 40 units per acre and a height of one story or 15 feet above the otherwise maximum height would apply.
    • 00:37:59
      If the locality allows for greater residential density or building heights on that parcel or an adjoining parcel, the greater.
    • 00:38:08
      So basically saying, if you've zoned your churches for no residential, they can build audience and acre and get that height, that one's very high bonus.
    • 00:38:20
      But I think the, someone said the more general phrasing there of just we support
    • 00:38:28
      Yeah, I mean, I guess some of this is the discussion with the Council subcommittee, the legislative committee and our legislators on what's within the realm of the possible, probable and the fantastical.
    • SPEAKER_02
    • 00:38:52
      There's a little weird, the telling other municipalities what they should do.
    • 00:39:01
      It's like asking for the state to create a rule for the whole state, which could then maybe negatively impact our own voting.
    • SPEAKER_03
    • 00:39:10
      But you guys just supported that brain use?
    • SPEAKER_02
    • 00:39:14
      Well, I'm still a little leery about that one as well, just for the same reason.
    • 00:39:18
      It just feels weird to be telling the rest of the state, you need to do something just because we do it.
    • 00:39:23
      Well, I mean, I'm not going to mix it.
    • SPEAKER_03
    • 00:39:25
      Well, we're saying you guys should do what we're trying to do, which is why we did it.
    • 00:39:30
      Not because sure.
    • 00:39:31
      Let's build in it.
    • 00:39:31
      You have to do it, but just because it should be laying down a marker.
    • 00:39:36
      I mean, I don't think.
    • 00:39:39
      Again, how ugly did that die last year?
    • 00:39:42
      The ADUs every month?
    • 00:39:44
      He never heard of the housing commission.
    • 00:39:45
      He didn't totally die.
    • 00:39:46
      From what I hear, it's going to come back this next year, probably in the form of encouraging localities to adopt the policy.
    • 00:39:56
      And the ADU bill is going to come back from the housing commission as every locality should adopt some sort of policy on ADUs.
    • SPEAKER_01
    • 00:40:08
      It took a while for things to happen.
    • 00:40:14
      We introduce it, we introduce it again, it gets in, you know, that's how pretty much everything gets through the day.
    • SPEAKER_03
    • 00:40:23
      Yeah.
    • 00:40:24
      Should we move on to the rest for now?
    • 00:40:25
      Well, where do we land?
    • 00:40:26
      I think we've got no consensus on anything.
    • 00:40:29
      I think we support
    • 00:40:39
      State policies to permit religious and educational organizations to provide affordable housing.
    • 00:41:00
      That was 45 seconds ago.
    • 00:41:01
      What do you want from us?
    • 00:41:03
      Right now we've got expanded state resources.
    • 00:41:05
      We've changed it.
    • 00:41:06
      Well, the resource is again, it sounds like money.
    • 00:41:08
      Well, we support that.
    • 00:41:09
      We support... What?
    • 00:41:11
      Don't I say state?
    • 00:41:16
      Actually, I think a couple of later bullet points might inform how we... Statewide permitting?
    • 00:41:21
      Statewide permitting.
    • 00:41:23
      Statewide permitting.
    • 00:41:28
      We support statewide permitting or land-holding non-profit organizations to allow land-holding non-profit organizations to facilitate land-holding in creating, to facilitate ease forward
    • 00:41:58
      Yeah, facilitators good, I think.
    • 00:42:00
      We support state policies statewide to facilitate land holding non-profit organizations, development of affordable housing, and creating affordable housing.
    • 00:42:18
      So if we've got that one,
    • SPEAKER_04
    • 00:42:24
      Do we have that one?
    • 00:42:25
      We don't.
    • SPEAKER_03
    • 00:42:26
      Yeah.
    • 00:42:26
      Well, are there some?
    • SPEAKER_01
    • 00:42:27
      Does we get a date, including 80?
    • SPEAKER_03
    • 00:42:30
      No, just kidding.
    • 00:42:31
      I was about to say, do we combine our broadness and say we broadly support changes to state policy or laws that encourage the development of additional affordable housing and dwellings broadly, such as ADU laws for policies that we can't get anywhere.
    • 00:42:55
      Yeah, takes the edge off.
    • SPEAKER_01
    • 00:42:59
      Yeah, I guess I just wanted to clarify.
    • 00:43:01
      So some of these have specific bills attached.
    • 00:43:05
      So that was easier to be like, oh, okay, we're supporting that.
    • SPEAKER_00
    • 00:43:10
      Yeah.
    • SPEAKER_01
    • 00:43:11
      And the rest are kind of recommendations.
    • 00:43:14
      So that's, I guess that's why I was wondering, do we just say affordable housing, ABCD, tree canopy or, I don't know, it just seems like
    • SPEAKER_00
    • 00:43:25
      I don't know if there's a prioritization or we're not tying it to any particular bill that may have come before.
    • 00:43:34
      So just like, hey, these are the things we think are great.
    • SPEAKER_01
    • 00:43:39
      I mean, I guess it just seems like it's very vague in terms of not tying to past bills.
    • SPEAKER_03
    • 00:43:45
      Well, I think that's part of the next step with the legislative subcommittee, too, and to figure out what one puts weight behind one
    • 00:43:53
      What one says is kind of wishful thinking, and ones that you put in anyway, make the side of the cross and hope it happens.
    • 00:44:02
      But I think that's about, or I think that's about.
    • SPEAKER_04
    • 00:44:05
      So what do we add?
    • SPEAKER_03
    • 00:44:06
      I can change the suggestion that condensement of one makes sense, because then it's more about a.
    • 00:44:12
      Collective support for different strategies to tackle.
    • SPEAKER_04
    • 00:44:17
      What more are we going to have to make sure we all agree with?
    • SPEAKER_01
    • 00:44:21
      Well, so I had the one version for number five, and then I did not catch half the things James did.
    • 00:44:29
      So I noted the time on the tape to go back and combine.
    • SPEAKER_03
    • 00:44:40
      You know, when I start to like correct myself, I get a push back, so we can kind of say that should be the point.
    • SPEAKER_01
    • 00:44:47
      And we could think of it as saying, we support the faith in housing.
    • 00:44:53
      So some, their combination of those things.
    • SPEAKER_03
    • 00:44:57
      I'm not going to do a new policy.
    • 00:44:58
      Anyone else can drop it if they write down what you're going to say first.
    • 00:45:02
      I'm not going to read it out loud.
    • 00:45:03
      Oh.
    • 00:45:03
      It helps.
    • SPEAKER_01
    • 00:45:04
      Or you're not.
    • 00:45:06
      We have a video.
    • SPEAKER_03
    • 00:45:11
      Next is about stuff that's come up mostly recently.
    • 00:45:16
      First up is all about mobile home parks.
    • 00:45:20
      Number six, we support an expanded timeline and resources to purchase mobile home parks.
    • 00:45:25
      So it's not such a struggle.
    • 00:45:27
      Supporting purchase documentation should be required to be charged with attendance and to become available.
    • 00:45:32
      We likewise recommend increasing compensation for tenants that purchase and linking that reach to a relation.
    • 00:45:37
      And I think we'll clarify that a lot is citing the current statute, which essentially with the mobile home park of a certain size, the tenants must be informed and then they have a 60 day clock to buy the place.
    • 00:45:50
      And what we're saying, which is what just happened at Carleton and by, you know, a
    • 00:45:56
      with damage to everyone's cardiovascular and gastrointestinal tracts and senior management both in the city and in the major nonprofits.
    • 00:46:04
      They managed to scrape together an ill-married maneuver 59 days.
    • SPEAKER_04
    • 00:46:09
      Well, but again, what does, uh, recommend increasing compensation?
    • SPEAKER_03
    • 00:46:13
      So, in the law, you get, you they get $5,000, flexibly doubled from last year, um, to relocate your mobile home, if they sell the place to kick you out.
    • 00:46:24
      And we say just find a real number and then we'll get some sort of inflation.
    • 00:46:27
      And it's also 180 days, I believe, after the kick you out, like 60 days to make an offer, but 180 days.
    • 00:46:33
      Notice, which we could say could be longer.
    • 00:46:36
      Cool.
    • 00:46:36
      But after 60 days, it's a done deal.
    • 00:46:38
      So you just have time to relocate, but there's no changing it.
    • 00:46:42
      Yeah, I mean, even 60 days is just to make an offer, like a counter offer.
    • 00:46:46
      They don't have to accept the offer.
    • 00:46:48
      In this case, they do.
    • 00:46:50
      Well, and the other thing is, is that it's a black hole.
    • 00:46:54
      Well, what is the other than the top line number?
    • 00:46:57
      You don't know anything.
    • 00:46:59
      So where's the purchase contract?
    • 00:47:00
      You want to redact the names on it.
    • 00:47:02
      That's fine.
    • 00:47:03
      But let's see what is there are offers and there are offers in the top line pricing.
    • 00:47:07
      Always the driver.
    • 00:47:10
      Yeah.
    • 00:47:12
      I mean, what's the offer?
    • 00:47:15
      Well, like I said, it said that we should, yeah, have to publish the, I mean, if you want to redact the people in the organization, that's fine, but there wasn't.
    • 00:47:24
      That's great.
    • 00:47:28
      I think we're on six.
    • 00:47:28
      Do we know?
    • 00:47:29
      Six streets.
    • 00:47:30
      Okay.
    • 00:47:32
      Number seven, school streets.
    • 00:47:34
      This is... What is a state school street?
    • 00:47:38
      So this is big in Europe and Canada, but there is no national program in this country about school streets.
    • 00:47:43
      What is a school street?
    • 00:47:45
      Is a street that is next to a school that is closed during drop-off and pick-up.
    • 00:47:51
      Interesting.
    • 00:47:51
      Why do we need a state program for that?
    • 00:47:54
      To support it.
    • 00:47:56
      We could do it just in Charlottesville, but it would be a whole lot easier if we had it.
    • 00:47:58
      And you can't have it because of safety issues.
    • 00:48:01
      Yes.
    • 00:48:01
      It came up over and over in the zoning conversation.
    • 00:48:03
      And in Copland.
    • 00:48:06
      Actually, in Virginia, it's something of a state issue.
    • 00:48:10
      We've been, the counties, the streets are all out of state roads.
    • 00:48:15
      For us, it's less of an issue.
    • 00:48:17
      Now, we might be in better footing arguing for this if we had done it here first.
    • 00:48:21
      Yeah.
    • SPEAKER_04
    • 00:48:23
      I think it's reasonable to ask.
    • SPEAKER_03
    • 00:48:30
      We recommend the creation of a committee to study de-restrictions and covenants to ensure compliance with law, equity, and affordable housing goals.
    • 00:48:39
      We recommend studying regularization of terms for consistency.
    • 00:48:43
      This also came out of a complex and zoning conversations when we discovered, oh, wow, there's so many racial covenants in here, let's hope.
    • 00:48:51
      And a lot of property owners
    • 00:48:53
      Don't know about them.
    • 00:48:54
      The terms are very unclear.
    • 00:48:55
      A lot of the demands are increasingly unreasonable.
    • 00:48:59
      Stuff that came to us, I think, was most mentioned, the racial elements, which are... And a lot of the stuff that's in there isn't racial, isn't that racial?
    • 00:49:08
      The state could look at the decision.
    • 00:49:17
      Yeah, because, I mean, frankly, you just need, you just need dad, you didn't come in and start making some arbitrary rules about how to deal with the old stuff.
    • 00:49:25
      It's like, you're the rules.
    • SPEAKER_00
    • 00:49:28
      Yeah.
    • SPEAKER_03
    • 00:49:31
      Number nine, we recommend adjusting the state building code to treat six units and below as residential code, same as single family and duplex and continue to treat buildings with seven units and above as commercial, similar to the Memphis, Tennessee example.
    • SPEAKER_02
    • 00:49:50
      He's from the residential code that we are specifically trying to get around.
    • SPEAKER_03
    • 00:49:58
      That's not so like sprinklers or requiring a design professional to do the drawings or fire rings.
    • 00:50:06
      Yes.
    • 00:50:10
      Okay, so those all three of those were in dependency example that you share.
    • 00:50:14
      Yes.
    • SPEAKER_02
    • 00:50:16
      Now, the thing about the Tennessee one is I went on the city's website and I could find no, like I found the ordinance that they passed in 2021, but you go on their planning website and it specifically says, actually the screenshot of it, the construction of new one or two family buildings or townhouses is a new single family home.
    • SPEAKER_03
    • 00:50:35
      This does not include accessory structures for multi-family structures, please apply for a commercial firm.
    • 00:50:42
      So I don't know if they undid that at some point or redefined what they meant by multi-family somewhere.
    • 00:50:47
      It is possible.
    • 00:50:47
      They do have a zoning definition for a large house, which I guess is up to their six units or whatever.
    • 00:50:55
      Maybe that isn't what multi-family is using because there are different definitions of multi-family depending on where you are and you're talking to.
    • SPEAKER_02
    • 00:51:06
      I don't think it's actually in the building code that says whether something is permitted under a residential code or in the provincial code.
    • SPEAKER_03
    • 00:51:13
      I think it's under the state, like there's just a state code.
    • 00:51:17
      Well, so the state adopts the foreign state building code out of the IRC and the IVC, right?
    • SPEAKER_02
    • 00:51:24
      The IVC, I don't think it's run things differently.
    • 00:51:27
      Yeah.
    • SPEAKER_03
    • 00:51:28
      Our building code official is enforcing the state building code, just because we have no local building code.
    • 00:51:34
      Virginia doesn't allow us to do so.
    • 00:51:37
      So we're enforcing a state code, which will be issued a building permit.
    • 00:51:42
      Tennessee, I presume, not having lived or worked there is different in that it sounds like they've got a level.
    • 00:51:49
      Yeah, the building code is adopted at the state level.
    • 00:51:53
      I'm sorry, at the city level, and therefore they have the opportunity to make these kind of changes.
    • 00:51:58
      Well, of course, we don't know that.
    • 00:52:01
      I mean, I guess we can check as Tennessee is doing a little stay.
    • 00:52:04
      But even if it is, I imagine that Memphis and Shelby County has the heft to get what they want, get allowed to what they need.
    • 00:52:14
      The legislature is not going to change the code.
    • 00:52:16
      They're going to
    • 00:52:20
      to form a board to study it, like they did with the single-stair thing.
    • 00:52:24
      North Carolina passed a similar bill, and I understand they're still kind of talking about what to do.
    • 00:52:30
      So I don't know that we need to legislate
    • 00:52:33
      What exactly, how exactly make the IRC apply so much as say, do you support studying, making the IRC apply?
    • SPEAKER_02
    • 00:52:42
      I support studying parts of it.
    • 00:52:44
      There are parts of it that I think are still important, but I think it's, you know, there's some accessibility requirements.
    • SPEAKER_03
    • 00:52:51
      They're not full accessibility.
    • SPEAKER_02
    • 00:52:53
      What else?
    • SPEAKER_03
    • 00:52:53
      Like fair housing type requirements.
    • 00:52:55
      I mean, that says fair a lot.
    • 00:52:57
      I mean, just apply after four units.
    • SPEAKER_02
    • 00:53:00
      And FHA, I believe, is six units, but the building code calls for four, which is interesting.
    • SPEAKER_03
    • 00:53:07
      I didn't realize that disconnect until recently.
    • 00:53:09
      I'm sorry, we said it again.
    • SPEAKER_02
    • 00:53:12
      FHA, I believe they start applying to everything six units or above, but our building code says that four units or above has to deal with type B units, which is the FHA.
    • SPEAKER_03
    • 00:53:24
      If we need to make one,
    • 00:53:27
      Some of this just needs to be uniform.
    • 00:53:30
      If you can, you know, in the financing world, two to four units is a thing made pretty much regular residential loan with some overlays on it.
    • 00:53:39
      This three unit, three units or less, four units are, it's confusing the issue to me.
    • 00:53:46
      I mean, I think, I think five and up needs to be something different than one to four.
    • 00:53:50
      We're going to make a distinction, not at three.
    • 00:53:51
      I mean, that's just sort of dumb, but not that we have any control over that.
    • 00:53:56
      I'm just wondering,
    • 00:53:57
      So I think the big thing it looks like is definitely sprinklers, which it looks like you have to provide them if you've got three units or more.
    • 00:54:07
      There are exceptions, but it's only if there's not enough water supply.
    • SPEAKER_02
    • 00:54:13
      I still feel like this one, we need to figure out exactly what we're trying to accomplish out of this.
    • 00:54:23
      I'm leery of the idea of just treating everything.
    • 00:54:26
      I feel like the people who would most benefit from this would also be the people who would be most likely to get hurt from it as far as accessibility fires.
    • SPEAKER_03
    • 00:54:36
      So I think we need to examine what the issue is.
    • 00:54:38
      I think we need to drill down on this.
    • 00:54:41
      Or somebody has to drill down.
    • 00:54:43
      Well, I think that's why we should just say this interesting study.
    • 00:54:48
      We recommend examining, adjusting the, yeah.
    • 00:54:53
      I'll go with that.
    • 00:54:56
      I guess what's interesting is you could adjust this, but then the residential code could eventually change to be more restricted.
    • 00:55:06
      You could pick up some things, Carl.
    • 00:55:07
      Well, yeah, like technically the IRC says you've got to have a sprinkler set.
    • 00:55:11
      Every state just brews up, right?
    • 00:55:16
      And now we ask you by orders you have, trigger sprinkler.
    • 00:55:19
      But there are things that are built into the, like the risk of the code says anything.
    • 00:55:27
      I think it refers to four more units.
    • SPEAKER_02
    • 00:55:33
      There's somebody already baked some things into the residential code that links back to the commercial code if you get more than some of the units.
    • SPEAKER_03
    • 00:55:40
      So we're really going to have a whole sale adjustment on a lot of things.
    • 00:55:48
      We're going to get each segment.
    • 00:55:52
      So it almost seems like it could be better to just go the other way.
    • 00:55:57
      for the International Code Council.
    • 00:56:04
      It looks like what Memphis did was establish this idea of large homes, which are a single structure with three to six attached well in units, and kind of adding that in under 5,000 square feet and under three stories.
    • 00:56:27
      300 fire resistance.
    • 00:56:31
      If you have sprinklers, that's lower to one hour fire resistance, et cetera.
    • 00:56:41
      There are local amendments to the MRC.
    • 00:56:44
      It's linked in that article that Lyle sent, except the link has a period at the end, but you have to delete
    • 00:56:53
      Period.
    • 00:56:53
      And then, no, not your link, Optikos's link.
    • 00:56:58
      What it links to the Memphis Division of Planning and Development.
    • 00:57:02
      And then if you delete the period, then it has links to their codes.
    • SPEAKER_02
    • 00:57:09
      I was not having a fun time with that city's website.
    • SPEAKER_03
    • 00:57:14
      Well, to all of Carl's points,
    • 00:57:21
      Well, we need to relook at this thing in the same way of this deep covenants.
    • 00:57:26
      I mean, we've been making a whole series of assumptions that are baked in to do all these assumptions.
    • 00:57:30
      Are they all still valid in the third decade of the 21st century in the same way?
    • 00:57:37
      Do we want to make adjustments at the 3, 4, 5, 6, 7 unit level that makes sense to do that?
    • 00:57:45
      Let's get organized and do it.
    • 00:57:47
      I guess that's what we're trying to tell the state.
    • 00:57:51
      Yeah, I think we should just say, Dallas State to study it.
    • 00:57:55
      DxD can figure it out, or whatever it's going to establish, like the single-stair one that meets on September 9th.
    • 00:58:03
      Are we doing that one?
    • 00:58:05
      Number 10, last one.
    • 00:58:05
      We're doing great.
    • SPEAKER_01
    • 00:58:09
      Last one on the paper.
    • SPEAKER_03
    • 00:58:11
      Yes, we recommend creation of a study committee with new issues of safe and efficient street designs as they may conflict with fire apparatus access.
    • 00:58:19
      This is another trick.
    • 00:58:19
      Basically, we're talking about all the things that we're running into because we've been trained for so many years.
    • SPEAKER_04
    • 00:58:25
      Move to this one.
    • SPEAKER_03
    • 00:58:27
      Okay.
    • 00:58:28
      Does the language you could roll up to the point above it?
    • 00:58:31
      You could say we recommend the creation of a study committee to review issues around six units in one rotation.
    • 00:58:38
      But that feels less triggering, I don't know, you just sort of... Yeah, yeah, yeah, to adjust those thresholds.
    • 00:58:43
      Three units, four units, six units, yeah.
    • 00:58:46
      And they can adjust the threshold, and they can go back and adjust the code too, so that they can get to what Lates said, makes it... Not crazy.
    • 00:58:52
      Yeah, not like Carl Sandler, sorry for saying it, it accommodates four or more units even though... It does.
    • 00:58:58
      Yeah.
    • 00:58:58
      Right.
    • 00:59:00
      I'm not sure if this is... Because if the goal is to try and...
    • SPEAKER_01
    • 00:59:11
      This is Rory's two items.
    • 00:59:13
      He emailed us today.
    • 00:59:16
      That's $139.
    • 00:59:16
      Yeah, sorry, much like a few days ago.
    • SPEAKER_03
    • 00:59:20
      Yeah, I don't know if I maybe just, everyone, unless, so you guys I emailed through Planning Commission at and last time I tried to send it out, I got rejected.
    • SPEAKER_04
    • 00:59:29
      So what do you want?
    • SPEAKER_03
    • 00:59:31
      First one is funding support for the Commonwealth Card or train to Richmond and Hampton Roads?
    • 00:59:37
      Sure.
    • 00:59:38
      Yeah.
    • 00:59:38
      It's an easy one.
    • 00:59:39
      There's currently an ongoing better defendant study for that.
    • 00:59:42
      Does it use the Buckingham Branch?
    • 00:59:44
      Yeah, it does use the Buckingham Branch.
    • 00:59:45
      Yeah.
    • 00:59:48
      I don't figure that was an easy one.
    • 00:59:56
      Sandra, and Arlington's.
    • 00:59:59
      That could be good to have fixed in state code, because no one's really done comprehensive rezoning for a long time.
    • 01:00:08
      Certain laws have been passed that make it kind of weird if they apply, which is obviously being disputed in court.
    • 01:00:14
      And I'm sure people are watching it sensitively.
    • 01:00:16
      That's what I say.
    • 01:00:18
      But one in particular is this 15.2.2.2.2.2.2.1, not to be confused with 2.2.2 without a dot, where
    • 01:00:34
      If there's a substantial impact on state-controlled roads, then you have to do a traffic impact analysis assuming the highest possible use permitted, which for a specific rezoning makes sense, right?
    • 01:00:48
      It's like, you're going to build this development and you can say, this is this use and generates this many for this square feet.
    • 01:00:57
      Use the IT table.
    • 01:00:58
      We've all read the TIAs or skipped over them in our rezonings, right?
    • 01:01:03
      But to say, we're going to rezone 800 parcels and then you have to assume that each of them will become a convenient store that's 60,000 square feet because that's the highest generating, trip generating use ends up with a sort of nonsensical outcome.
    • 01:01:20
      It's not so bad for us because the city were not a state or roads are not state maintenance.
    • 01:01:28
      But if you're to try to do it in the county, for example, all of their roads are state maintained, you almost certainly have a substantial impact.
    • 01:01:34
      Whereas for us, we deem that we do not, it does not apply to us.
    • 01:01:40
      Our position in court is that our deeming that it doesn't apply is the legal standard and therefore it does not apply.
    • 01:01:51
      So the question is, is this a little considering that we have all of these moving targets in Northern Virginia and in Charlottesville, are we a little forward on our skis and asking for this now, or do we want to get up before I think we want to get this overthrown?
    • 01:02:11
      I don't think so, because it doesn't make sense
    • 01:02:17
      You know, even if we win on the basis of we said doesn't apply to us and our roads aren't state maintained so it only applies to roads in the county and we're not going to generate that many trips out there, it still doesn't make sense because the law is clearly written to apply to an individual rezoning.
    • 01:02:33
      And so to clarify and say it only like it this only applies if you think we go to request not by the local authorities, we mass rezoning.
    • 01:02:45
      Yeah.
    • 01:02:45
      Yeah, you can do it by a personal limit.
    • 01:02:47
      You can say who initiates it or you could just say V dot shall create regulations for conference free zoning.
    • 01:02:59
      in which is a specific thing.
    • 01:03:02
      My hope was that we could tell Robb to draft us a language on how to fix this.
    • 01:03:08
      And the planning commissioner would say, please ask the city attorney's office to ask if we have any changes we'd like to make to state law based on what we've learned from our expensive consultations with Sam Sanderson.
    • SPEAKER_04
    • 01:03:25
      You could wrap some words around that in a couple sentences.
    • 01:03:29
      That last part?
    • SPEAKER_03
    • 01:03:31
      The part about asking the city attorney's office?
    • SPEAKER_04
    • 01:03:34
      What do you like to see us do?
    • SPEAKER_03
    • 01:03:37
      Well, I'd like to see us ask the city attorney's office what you want to change.
    • 01:03:40
      But for this specific thing, if we wanted to say something about 22.1, let's say we... Why don't you mark it up, 22.1?
    • 01:03:55
      So basically you're trying to communicate clarity that this means a specific rezoning which could have parameters like X number of parcels, X acreage, X
    • SPEAKER_01
    • 01:04:18
      Whatever.
    • 01:04:18
      Yeah.
    • 01:04:19
      Not a full locality comprehensive review.
    • SPEAKER_03
    • 01:04:23
      Exactly.
    • 01:04:24
      The one thing about that is, is you're noting that it requires a traffic study.
    • 01:04:29
      And then that, and then the traffic study has to be used.
    • 01:04:33
      That last bit is not actually in the state code.
    • SPEAKER_02
    • 01:04:37
      In the VDOT regulation.
    • SPEAKER_03
    • 01:04:39
      Because the VDOT regulations, because VDOT doesn't anticipate any, you know, anybody ever doing
    • 01:04:47
      A Conference of Reasoning, because that's more like concept to them.
    • 01:04:50
      At least in 2008 or whatever, six, whenever this was passed.
    • 01:04:54
      Right.
    • 01:04:54
      And so the code instructs me not to make regulations, and those are the ones they made.
    • 01:04:59
      So actually the real problem we're trying to solve is redox regulations, not the state code.
    • 01:05:06
      That's true.
    • 01:05:09
      Interesting.
    • 01:05:12
      Is it?
    • 01:05:12
      Yes.
    • 01:05:14
      Wow.
    • 01:05:17
      How about we request clarification in state law about how Chapter 15, no, Chapter 22 restrictions on rezonings apply to comprehensive rezonings, including 15.222.1 Chapter 22 of what?
    • 01:05:46
      How about title 15.2 of the version of code?
    • 01:05:50
      I'm actually a little sensitive about bringing this up.
    • 01:05:55
      There's that.
    • 01:05:57
      While this is the only issue that's playing an important role, I'm sorry, but the whole day is that we followed this.
    • 01:06:05
      Yeah, but this, well, yeah, true.
    • 01:06:08
      And we followed it exactly.
    • 01:06:10
      And we did.
    • 01:06:12
      We followed what's in the state code.
    • 01:06:15
      Yeah.
    • 01:06:16
      Well, the problem is, it's easy for us to follow it.
    • 01:06:19
      It's harder for counties to follow.
    • 01:06:21
      Absolutely.
    • 01:06:21
      Absolutely true.
    • SPEAKER_01
    • 01:06:22
      It may be a timing issue.
    • SPEAKER_00
    • 01:06:24
      Yeah.
    • SPEAKER_03
    • 01:06:25
      I think I think that's fair.
    • 01:06:29
      Sure.
    • 01:06:29
      We can put this till next year.
    • 01:06:31
      Particularly since if we, I mean, frankly, there may be an interest in, depending on how that case comes out, what the argument is.
    • 01:06:39
      I think it would be interesting if there was a lesson learned that came after the case is saying, hey, this
    • 01:06:45
      Lack of clarity could create a chilling effect that other sort of areas may be reluctant to pass, like sort of rekindle by zoning.
    • 01:06:54
      And then with some clarity, maybe they won't have the same legal obstructions that Alexandria Arlington and Charlottesville went through.
    • 01:07:00
      So I think waiting until you have an outcome is probably that's reasonable.
    • 01:07:04
      I don't know.
    • 01:07:07
      We could just sit down with a beat up and talk to them about it.
    • 01:07:10
      They won't bite us.
    • 01:07:11
      I'm just fix it.
    • 01:07:12
      I mean, local office.
    • 01:07:15
      So just adding some additional language, I guess on their end, just to clarify the issue, it doesn't help Rory's concern that they would
    • 01:07:35
      So, there's two pathways.
    • 01:07:36
      Maybe along the lines of what you just said, we can end the discussion and talk about it in a month or so after we get the ruling on the case through Spinal Breasts for vital on Friday.
    • SPEAKER_01
    • 01:07:50
      And it, I mean, I don't know what this is going on, but I haven't heard any speckled up that there are too many other localities doing full rezoning right now, so it may not
    • 01:08:02
      You know, we might be okay from the timing standpoint.
    • 01:08:06
      There are a couple out there who've reached out because we've just been through it there on the front end.
    • SPEAKER_03
    • 01:08:15
      They may slow down once they see what we go through.
    • 01:08:17
      They may pull the brakes.
    • SPEAKER_01
    • 01:08:19
      They're not looking to be the same guy.
    • 01:08:21
      At least the example I'm thinking of.
    • 01:08:23
      It's progressive, it's not as
    • SPEAKER_03
    • 01:08:27
      I have one more item that we haven't talked about.
    • 01:08:30
      I don't have legislative ideas about this, but it's just something you're lucky to think about.
    • 01:08:34
      As we start to build stuff in the city, we increasingly come into friction with Dominican.
    • 01:08:40
      I don't know that we have legislative needs on that topic yet, but think about it.
    • SPEAKER_04
    • 01:08:45
      Yeah.
    • 01:08:56
      Yeah, always.
    • SPEAKER_03
    • 01:08:58
      Or trees cut down.
    • 01:09:01
      And three or four poles, just sitting there, you know, 75% of them just sticking into the air with nothing to action them.
    • 01:09:11
      Yeah, it's crazy.
    • SPEAKER_04
    • 01:09:13
      Mr. Freeze, do you have what you're doing?
    • 01:09:15
      Yeah.
    • 01:09:16
      Yeah, I think we've been pretty worried for all of us.
    • 01:09:20
      Do we have any other business?
    • SPEAKER_01
    • 01:09:25
      That's what we had here.
    • 01:09:27
      I mean, we talked earlier about getting this into a nice document, then our start and, you know, letting eyes take a look at that, make sure we captured it, and then sending it onwards to- So you'll shoot some happy with it, one quick look at this, and then you'll send it to the legislative committee.
    • SPEAKER_03
    • 01:09:58
      He really was happy.
    • 01:09:59
      Good job.
    • SPEAKER_04
    • 01:10:00
      Thank you.
    • SPEAKER_03
    • 01:10:03
      I'm definitely a second author.
    • 01:10:08
      Wait.
    • 01:10:08
      I think we're wrapped.
    • SPEAKER_01
    • 01:10:11
      Okay.
    • SPEAKER_03
    • 01:10:14
      There you go.
    • 01:10:15
      That's it.
    • 01:10:15
      That's it.
    • SPEAKER_01
    • 01:10:15
      We're wrapped.
    • SPEAKER_04
    • 01:10:17
      Yeah, you heard it.
    • SPEAKER_01
    • 01:10:18
      Thanks.