Just dangerous. Alrighty. Ladies and gentlemen, I believe we're ready to begin our deliberations for the evening. And we will begin with reports from the dais, UVA. Thanks, chairman. So I have a couple items here to report on. The first off, I just wanted to acknowledge that the the the BOB is meeting this week, and so this Thursday will be the buildings and grounds meeting. And so I'll have more to report at our next meeting about specifics of what comes from that, but I just wanted to touch on some of the key agenda items that will be discussed there, that are, you know, relating to some of the
capital projects in the pipeline. So the first is concept site design guideline, the guidelines approval for the School of Data Science and Entrepreneurship Building. So this is the second phase of the School of Data Science. It sits immediately adjacent to the existing School of Data Science. It's just the next site to the west of it along Ivy Road. Then the next, item I just want to highlight was the schematic design approval for the 228,000 square foot Center for the Arts. That includes a 1,200 seat Richard and Tessa Ader Performing Arts Center. So that one's really exciting. We have a schematic design review for a research data center at Fontaine Research Park.
There's, a couple sort of smaller items. There's the proposed renaming of the Federal Executive Institute to Sycamore Hill. There is a discussion regarding the future use for the Oak Lawn property that'll be discussed as well. So I look forward to giving sort of feedback on how those are all how the the various, votes go accord, relative to those items. Now moving into some project updates, I'll start with housing. So Darden Graduate Housing, you can see that progressing if you ever sort of go along the bypass there. They're under construction and on schedule to complete for the 2027.
That's 348 beds. They have an IV Corridor second year housing is under construction as well, and that's on schedule, and that's gonna complete the 2027 as well. And that's the p three project with capstone development. That's 780 beds. Parking projects, this is exciting. We opened a garage this week. So Fontaine Garage is is done. It's it's starting to parking is available this week. That's 1,250 spaces. And what's really exciting about that is it's a dedicated sort of commuting resource for, many of the UVA health staff. Staff. And so hopefully, that will streamline some commutes for, really important, and hardworking staff.
We have the North Grounds garage that is currently making great strides in construction. If any of you driven by Massey, Road, heading up to Leonard Sandridge, you can see the precast panels are going very rapidly, and that is slated to be completed in 2026, and that's an additional thousand spaces. Athletics, the Olympic Sports Center, that actually the ribbon cutting is this Thursday. That's state of the art training spaces for all of UVA's varsity teams with, dedicated locker rooms for seven of the varsity sports, and that means we can remove the
temporary modular units that are over by the Covey Bridge and the railway. The Manning Institute Biotechnology, they're, the structure is nearing its topping out over at the Fontaine Research Park, and that's on schedule for a fall twenty seven opening. We have there's a heat plant, a next generation heat plant at Fontaine as well, and that too is nearing completion. And that's the first extensive non combustion geothermal plant that's gonna provide thermal energy, not only to the Institute Biotechnology, but the upcoming data center as well. The Emmett IV corridor, we have sort of two big updates there.
The Cartians to democracy, you can see the exterior envelope is progressing, quite rapidly. It's about two thirds complete, and that'll that's on track to open the '26. And then the Virginia Guest House Hotel and Conference Center, it's principally complete on the exterior. They are working on guest room interiors, and that's shooting for a substantial completion later this year with public opening in '26 early twenty twenty six. And then, just going to the the foundation's housing updates of Wirtland and Piedmont, both projects are moving ahead. And so each site is unique and continue to progress on its own timeline.
The timing for construction depends on financing and entitlements. Based on conversations with the developers, the earliest start date for construction is 2027 at Wertland in Tenth, and the Piedmont will be following by one to two years pending completion of rezoning and project funding. So those are the updates, chairman. Very good. Could I, ask questions? Sure. Did you guys so with the Fontaine, garage opening, will there be, like, new UTS service to the garage? Yeah. So there UTS is gonna optimize all of the loops for commuters to, to the medical center.
So the goal is to try to, people who are currently parking over at MNIV is to start to move that parking, to Fontaine and really focus on that being the main artery back and forth between the hospital and the commuter. So Cool. Any idea on the timeline for those changes? Or I think they're all currently as as soon as it's made available, let's put them into place. And so I don't know what the timeline is to sort of strategically move people. I'm not sure what that I'm not totally in the loop of how they're trying to communicate to the staff, but I think the idea is in the coming months, you'll see a a movement, there.
Because, again, it's more convenient to come off of, from further points to get to that garage and then to get on a bus. So, hopefully, it'll shorten commutes for staff. So Cool. Thanks. Very good. Missus Redcarve. Yes. So I have a report from the Tree Commissioners meeting. The Tree Commission actually needs two new members. So if anyone is interested, please, you can reach out to me or look on the website. The tree commission continues multiple fronts dealing with trees.
One of them is, invasive species control, and there's been a really good group of volunteers in different neighborhoods learning how to cut vines, etcetera. The other big thing that we discussed this month, well, Kelly Brown from NDS came in to talk, about some of the tree commissions' worries and ideas around tree removal and, and all that goes into the site planning, with that.
So she she gave a great presentation on what the city is doing, and there was a lot of back and forth. A lot of ideas on where educational materials and pre meetings with developers about keeping potentially keeping existing trees. This all came about after there was a public tree taken down by Friendship Court, which kind of sparked a lot of interest in digging into the details of the process of, how how the tree removals are actually, trying to think of the weather,
not patrols, but approved. Okay. Okay. Cool. So I am on the Citizens Transportation Advisory Committee of the MPO, and we have not met. But last week, the, MPO policy board did discuss kind of what the role of this of the committee should be in the future since not every not every MPO has a Citizens Transportation Advisory Committee and the sound of the way that citizens engage with the MPO has kind of shifted over the decades since this committee- was formed
so- I think it's a really important discussion from the have- I. They're considering whether we should have the committee and if we do what what should that committee do- and I think that discussion will be ongoing at their next, policy board meeting as well. That's all I have. Okay. I have two things. The twenty twenty four Virginia code development cycle, is holding the second general stakeholder work group meeting on October 3. Two proposals, from me on behalf of the city of Charlottesville will be considered.
Will be considered. One of them, regarding, permitting more affordable elevators in, Arc 2 residential development. I think up to up to six stories, which historically were permitted but were banned a few years ago. The hope was that we everyone would build larger elevators, but no expensive. We just didn't do it. I think that was good intentions, but things cost money. The other one was about, permitting, a fourth story of single, single stair development. We could call it a a point access block development, which incorporates, a number of
safety improvements, which were recommended by, the fire safety, people at the state level, which I am optimistic about. I'm I'm hoping for consensus on both, but who knows? It is a consensus driven process. So if everyone can come to Kumbaya, then that's a wonderful thing. Also, there was a, meeting of the, Charlottesville, city schools, Capital Improvement Work group. Wherein we considered two pieces of information about possible costs for updating existing facilities.
One of them was 70,000,000. One of them was 100,000,000, and there were two different assessments based on looking at different buildings from different dates. I'd say that the overall impression that I gained was that we are looking at some dog days of summer. We will be in the dog days of summer. We will be meeting next week, and, apparently, we'll be getting an update on the
restructuring of the housing staffing, at that point. Planning district, most of our last two meetings have not been, quite frankly, relevant to the city of Charlottesville. We've been deal the housing we preservation grant, but that's a USDA project, so that is inapplicable to any money, going our way. We have played around with how we are going to be scar scored for smart scale, but the MPO is excluded from that, district can that is going to stay
the same, and we had the caper slash home report for the consortium come through and had the public hearing on that. But otherwise, in terms of directly impacting the city, not so much. I have a short report. MPO met, last month right before our last meeting. So my only meeting was LUPEC. We got an update on Almirall's now adopted solar ordinance, which includes, by right, sort of small scale commercial and industrial, and has sort of more set rules, for, larger
utility scale projects, to apply for special use permits. We got a pretty interesting update on the Ivy Landfill solar Project, that was approved a number of years ago, but is now very much under construction. And an update on the, water supply pipeline, that has been underway for a bit now. You may have heard about the blasting, as they go up through Observatory Hill, and, updates on v dot transportation projects. A couple are plans in process.
We got 29 North, and the 20 9 To 50 interchange. There is the project at, 29 and 64, also planning and another pipeline project at, Fish Street M 64. No huge updates with those. And, of course, the the city's the v. Study in the city of, West Maiden Ridge, which I hope you all submitted the now closed study for, but, no major updates on those other projects. I guess we'll wait to hear what comes out of the the West Main Ridge,
public comments, and what they come up with as their preferred alternative out of there. And then, on construction of projects that are in process by vdot, I guess the big news is just that everything's a bundle now. V dot loves bundling things into very large contracts, to pull in, big contractors and repeat their interests so they're willing to do it. The, I think I've talked previously about the the Fontaine Fontaine, District Avenue roundabout. All of those are getting bundled together, and should be going out to bid.
I don't remember the exact date, but I'll tell you that in the next report. Sorry. For the BAR, we had, just a couple of projects. We had, a second story addition to what used to be a floor shop on 300 Ridge Street. So, small little project there. An interesting, infill duplex project, on, also on Bridge Street with the residential portion that kind of parallels Fifth Street. And that was it was an interesting, way of fitting in some higher density, using our new zoning code. Then we had two pre application conferences.
We had one on 835 through 847 West Main Street, which is the the parking lots that are just south of West Haven, and that is, proposed student housing building, and there is, a significant amount of public comment. And if anybody is interested, the BAR video was available, online to listen to that public comment. It was, I think, more directed at us and, council than it would be at, at the BAR. Then we had a pre application conference for, another large student housing project on the
there's a very large, radio antenna that's no longer in use just south of the tracks. And, yeah, that was that was it. Okay. So nothing much to report, with the exception of miss Retger will be taking over as our rep to the, to the parks and rec, advisory board. And this will be my last meeting as the moderator. And, I think I've I've done this for four different seasons, and herding you cats has been quite quite a lot of fun. I've been to it.
So with that, I segue into miss Chrissy who will manage the annual meeting. Alright. So we'll start with a report from our nominating committee. Okay, I'll, do the report from, on behalf of Roy and myself, the nominating committee. First, I would think on behalf of of the whole board to thank mister Mitchell for his service this year before we move on. So the committee had some good conversations with, our commissioners, and we are ready to
nominate, we have a nominee for both chair and vice chair. So should I make a motion now or just Say who say who we are first. Okay. Yeah. So we would like to nominate, Carl Schwartz as the new chair of planning commission and Danny Yoder as the vice chair for the planning commission. And as a side note, we would love for Lyle and Phil to continue their leadership on the legislative issues if possible. So, any discussion?
Are we done with it? Then you toss the ball back to miss Christie. Alright. Alright. So we have a slate of, officers that have been provided, from the nominating committee. Mister Schwartz for the chair and mister Yoder for the vice chair. This is an opportunity for the, commission to provide any additional nominations. If there are any additional. Please raise your hand or call it up. Alright. I'm gonna take the silence says no additional nominations at this time.
Alright. So at this point in time, we have a slate of officers to vote on, and that would be, mister Schwartz for chair and mister Yoder for vice chair. Do we have a or a, I would, move that we accept the nominating commission's recommendation. Okay. Do we have a second? Second. Okay. Are we prepared to vote by acclamation, or shall we do a call vote? Acclimation. Thank you. Acclimation would suffice. Alright. Alright. Those who are in favor?
Aye. Aye. Okay. Any opposed? Any abstentions? Alright. We have our slate of officers chosen. What have I done? Jeez. Take your sign. Take your sign with you. And after your placard. Yeah. And my plug. I didn't know that applied to, like, now. It is funny. Oh, yeah. It's a red on the spot kind of thing. Wow. Okay. Congratulations. I just love. Thank you. Yeah. I know. Right? That's where my mind's at right now. This is your buttock. Alright. Let's see. I'll just do everything. Spill everything. The tradition is you spill something.
Oh, that that's the tradition? Yeah. Triple bread. Yeah. Oh, oh, no. That's correct. They just trip and fall all over. Yeah. Okay. Yes. Sorry. That would get us moving in a moment. Well, I guess our, our next step is, the NDS's report. Sure. So sort of a limited report at the moment. We, we're not planning necessarily for a work session for September, but we're getting geared up definitely for additional work sessions, coming forward.
We, because the, the zoning case that's under litigation, has been stayed and we continue to move forward with the code at this point in time. We're gonna pick back up where we were with, our zoning amendments. If you all recall that we had, we had, had a work session where we discussed, tier one, tier two, and tier three changes to the code with, tier one being, more administrative, tier two being more middle level, and then a tier three being
something that would require significant, public participation opportunities. And so we're going to, you all directed us at the last work session, which again was in the spring, so it's been a little while, directed us to schedule a listening session, so that the community would have opportunities, more specifically the development community, but, of course, open to all community, to provide feedback on the tiers, and the
zoning, amendments at that point in time. And then, we would move forward to, a more formal work session. So we're we're working to schedule that. At this point in time, we've got the listening session for the regular meeting in October. And then in November, November, the our Tuesday regular meeting is on a holiday, so we will make sure to make that adjustment, and we'll let you guys know. Usually, it's the day following the holiday is when we attempt to schedule the meeting. Sometimes we have conflicts and we'll get that straight.
We got a little bit of time to work through that. Yeah. So I think that's the those are the main main things we have to share at this point. Alright. And I guess, our next item is matters presented by the public, not on the formal agenda. And so that, because we don't have a hearing on our special exception that would include if someone wanted to speak on Myrtle Street, now would be the time. Correct? Sure. This is the, because of how the agenda works this time, this is the opportunity for public comment. And, we'll run that the way that we typically do where we take an, an
an individual from our in person audience, and then we alternate with our virtual audience. And we continue to alternate until, our speakers, have all had the opportunity. It's a three minute limitation. We have a clock that can help you gauge the time, for, speaking. And, if we're ready, chair, we can begin. Yeah. Would you please moderate, and you'll keep track of the timer? Sure. I've got that. No problem. Thank you. Alright. So, we'll start in person. So if we have someone in person who would like to speak first, we have
we we'll have time for everyone. No problem. And if you just note your name and address for the record, that'd be wonderful. Thank you. I live in Hardy Drive, and, my name is Joy Johnson, but the hat that I'm wearing tonight before you good evening everybody, friends and foes. Good to see some of you all. Some of you I've never met before, but don't stop my three minutes yet. But anyway, I'm here tonight where as the FAR chair, and I'm here tonight to, talk about, the 12 story building that is being proposed in the very, back of,
West Haven. So what the residents in West Haven doesn't want it, the residents in Tintompange doesn't want it because it overshadow our building. When they were doing the standard, they said standard was a mistake when it was eight story. And now you're, thinking about putting a 12 story building. What is so disrespectful about this whole thing is that we have at least 23, maybe 26 residents, some of them who doesn't speak any English, but they still participate, who have been meeting for the last three years to redevelop what West Haven would
look like. And this company waited until we came to a consensus. We all didn't agree on everything. We just came to a consensus of what our side plan would look like. And then they decide in April to go ahead and do a design and then to put up a 12 story building that block the the main theme of what we were trying to do was how we access to Westhaven. Because if you know, Westhaven was dug out so many feet down to build so
that people on West Main Street, when they were going by, they wouldn't see poor people. And then they came to one of our meetings and said, oh, let me tell you what we're getting ready to do. Well, that's not how it works with our residents. We don't want you to come and tell us what you're gonna do, but you should come and participate with us. Let us be a part of the process of what they're they're doing. Then they also singled out just talking to West Haven, but not talking to the whole ten ten page neighborhood. Are you just talking to West Haven residents?
Well, we did have a meeting, at, the Jefferson School. And lo and behold, some the people who were there from Tenth And Page, and Westhaven residents was pushing back on the 12 story building. We are still pushing back on that 12 story building. And then the fact that from April, you had an opportunity to engage with us and you didn't, and about what get built on the skirt or in our backyard. I think something needs to be changed where it goes back to city council or
we have more opportunity to speak on what is it we don't like about what is being built in our neighborhood. Thank you. Thank you. Alright. We'll look to our virtual audience for our next speaker. We have one person on our virtual audience. If you are interested in speaking, you can raise your hand in the application, and we'll call on you. Alright. So our next in person speaker. Come forward. Hi. My name is Sofia Marrero, and I live at 1950 Beach Crest Court. I'm a community organizer at the Public Housing Association of Residents.
I'm here to speak to the zoning policy, which you just heard miss Joy give a wonderful account of what's been happening on West Main Street. I'm here to first ask that priority of land use, should be given to those more most negatively impacted. Second, impacted communities need more than one opportunity to comment on massive by right developments in slash next to historically black neighborhoods. Third, we need to bring back special use, permits and discretionary approval for developments around Tenth And Page, West Haven, 5 Fill, Rose Hill, Sixth Street, Crescent Halls, Kindlewood, etcetera.
We must not forget the history of Vinegar Hill and the impact it continues to have on black and brown communities in the area. Finally, we need to implement a core neighborhood overlay district from Fourth To Tenth Street to protect historically black neighborhoods and promote neighborhood friendly development. Thank you. Alright. We'll check-in with our Hello.
Hello. My name is Wendy. I'm a public I'm a community organizer at the Public Housing Association of Residence. I'm here to discuss the 11 story luxury student housing apartment building proposed to be constructed by right at 08:35 08:43 08:47 West Main Street. Not only would this ginormous concrete building overshadow and loom over the West Haven community, it would enclose West Haven residents and restrict access to West Main Street, which they have been working so hard on for over three years to achieve through their redevelopment site plan. Across the street, our neighbors in the 5 Field District are fighting the exact same
fight against a seven story luxury student housing apartment building that would sit right on top of the hill above the 5 Field community, bringing more students into the historic 5 Field Neighborhood. The fact that these gigantic buildings of such density are allowed to be built by right in these historically black neighborhood corridors is a blatant error in Charlottesville zoning code, despite the historic wins achieved by the zoning ordinance. It's West Haven and Fifeld fighting these buildings today, but we'll be fighting Invincible and Rose Hill Drive and South First Street and Garrett Street tomorrow. Ernest Joy says, they're developing while we're sleeping.
To remedy these flaws and the transitions between areas and repair historical injustices from urban renewal and the destruction of Vinegar Hill, FAR advocates First, give priority of land use management to those most negatively impacted. Two, impacted communities need more than one opportunity to comment on massive by right developments in and next to historically black neighborhoods. We need to bring back special use permits and discretionary approval for developments around Tenth And Page, West Haven, 5 Phil, Rose Hill, Sixth Street, Crescent Halls, Kindlewood, Venable, etcetera.
Lastly, we need to implement a core neighborhood overlay district from Fourth To Tenth Street to protect historically black neighborhoods and promote neighborhood friendly development. Thank you. Alright. We'll check-in our virtual audience, and we have no speakers there. Do we have any additional speakers? Please come forward. Good evening, everyone. My name is Latricia Gals, and my address is 911 Nassau Street. And I am the executive director of FAR. So you've already heard a few things, and I'm gonna mention those same things. Our residents, I wanna start with, are not anti development.
They've drafted, redevelopment plans, named priorities, and and envisioned healthier and safer neighborhoods for themselves. Yet at the same time, LV Collective can propose an 11 story student tower right next door by right with no meaningful process for residents to respond. That is not equity. That is not collaboration. So what we're calling for residents deserve to have an opportunity to be more heard more than once. And if you could establish a core neighborhood overlay from Fourth, to Tenth Street. We already know that overlays exist here in Charlottesville to protect corridors, in commercial areas.
It's time to use the same tool to continue to protect or be used to protect, historically black neighborhoods. So right now, the zoning commission gives maximum certainty to developers and minimum certainty to residents. That is backwards. We already have the tools and it's time for us to use them. Thank you. Alright. We'll check our virtual audience and don't have any speakers there. Do we have any additional speakers in house? Yes, sir. Okay. My name is Paul Reeder. I live at 02:11 fifth Street Southwest, in Oak Lawn, who was shocked.
We were basically shocked when when this seven story proposal for student housing got lobbed into Fifeville. There will be more students, living in that property as proposed at the moment than, in the entire section of, say, a historic black community in Charlottesville is once again being dumped upon. So one thing with this Rx zoning is we noted that you had rezoned our properties, which we were unaware. The much vaunted, consultation process did not make it clear that that these properties, were
going to be rezoned. That my property, which is six two story cottages on a third of an acre, exactly the type of development that you want to have in this city, is now zoned supposedly to be able to put a seven story building on there, which is just patently ridiculous. I invite you in passing to walk this area, to walk. Hill. If you have not walked Fife Hill, please please walk Fife Hill. Please walk Westhaven.
Go and see what they look up at every day. And, I'm very pleased to hear that you are considering amendments to the zoning code. The only thing I would urge on you is you have to do this quickly because as Joyce said, they're developing while we're sleeping. It's no point if you say, in two years' time, we'll reconsider this. By that that stage, you'll have an 11 storey development on West Main Street. You'll have a seven storey development in Fifeville that that will completely blow out the
character of, the existing character of Fifeville, which in passing is a national historic district. Unbelievable. So, the action that I can personally take is, and that we will be taking for both our little six unit housing developments. There are two either side of the street, is the earliest zoning that is applicable to the rest of that part of Fifield.
We don't want seven stories. We like our properties. We virtual audience, and we don't have any speakers there. Do we have any additional speakers, in person? Alright. I'll check both groups. Just checking our virtual audience and our in person audience one more time.
Alright. You've already spoke, miss miss Joy. I didn't Alright. Well, chair, turn the time back over. Excuse me? Turn turning the time back over. We don't have any further speakers. Miss mister chair, would you be willing to consider letting miss Johnson, finish her her statement? Yes. If that wouldn't get us in trouble. Is Are they just there? Okay. I guess that's fine. Yes. For this one instance, yes, miss Johnson. Joyce Johnson again, far. So what I was gonna the other part of it is that I'm asking the planning opportunity right now to change the zoning for West Main Street.
Number two, change the zoning, change it, change the zoning should consider the neighborhood connect to West Main Street. Change the zoning should recognize that West Main Street sits on top of a hill and all neighborhoods on both sides below it, therefore height is an issue. Transition in height are needed to protect a neighborhood on the West Main Street. Special use permit need to be utilized to bring the democrat democracy to to city
planning and that can compare community benefit arrangement. There are at least two students bringing a negative impact to the neighborhood next to West Main Street. This issue and more like it will continuously will, brought to city council if change of the zoning is not made. Thank you. Thank you. Appreciate it. Alright. Were you gonna say something? No? Okay. About to make a motion. Oh, oh, well, okay. So our next item is the, consent agenda, which includes minutes and the annual adoption
of electronic meeting policy. I know we already have some comments in the minutes. Are there any other comments on, revisions to the minutes? Alright. Nope. Mister chair? Yes. Please make a motion. I move that we adopt the consent agenda, subject to the amendments and edits provided by commissioner Sully Yates. Second. In fact, do we need to do a roll call or is this just an all in favor? This is all in favor, I hope. All in favor? Aye. Any, anyone know? Abstentions? Okay. Alright. So our next item is, our one and only commissioner's action item.
It's a special exception of, build two requirement on 1107 Myrtle Street. Staff. Good evening, commissioners. We are let's see if we can get those slides up if we can, Patrick. Cool. Great. Thank you. We are here for the consideration of a special exception of permit of the bill to requirements at 1107 Myrtle Street, project number PL250118. Go to the next slide. So this is an r or yeah. 1107 Myrtle Street is an RA zone parcel with no overlay districts.
The future land use designation of it is general residential. The purpose of this special exception permit is for to facilitate the construction of three attached dwelling units on, behind the existing house. And part of their intention is to create four total sub lots and preserve the existing house. So each dwelling unit will be on its own sub lot within the parent parcel. And with the existing structure preservation in the RA District, they're permitted to have those four dwelling unit totals. So there's no issues there.
But there is an issue with the build to. So if I can go to the next slide. In the RA Zoning District, the developer has the choice between, to meet the build to requirement, the front setback is between 10 to 20 feet or utilizing the existing range, which that calculation comes from, the two, properties on either side of the subject parcel, and the any new construction or any construction to be considered conforming with that
would have to be, but, like, no closer to the street than the smallest setback in that range and no further back than the largest setback in that range. So utilizing that consideration, they are meeting the existing range component of this project, but they are not quite meeting the build to width requirement. So the build to width requirement is defined as the cumulative building width that occupies the build to zone relative to the width of the site at the street lot line. So this is a 50 foot wide parcel, and the existing house is 21.9
feet in width, making a 43% bill to percentage, which, you know, is shy of that 50% requirement that they would need. So, therefore, they are coming in to request a special exception permit for that build to width requirement. You can go to the next slide. And you can see the site plan here. That existing house is being preserved. You can see the general, lot layout of the sub lots and the formulation of the, attached dwelling units off the rear. They're proposing a, improvements to the alleyway to a certain extent, where it will be
a 10 foot wide asphalt driveway to service each of these sub lots and the dwelling units on top of them. You can go to the next slide. So to consider, you know, what we approve, special exceptions for, you know, those consideration points are whether or not the development is harmonious with the patterns of development in the area, and on the same side of the road. And I think it's pretty fair to say that, you know, the existing house along Myrtle, which will be preserved, is, you know, that house is in line with the area. It's of a similar size, of a similar shape.
They all have, like, you know, the same sort of porches on that side of Myrtle. So I think the exist preserving the existing house, you know, really does speak to, you know, how harmonious it will be. And, generally, in this area, there are the houses are relatively, you know, smaller on the same sort of same size lots. So the additional dwelling units, wouldn't really pose an issue. And that said, you know, if the special exception wasn't required, if they they were meeting the bill two, then there wouldn't really those three units in the rear would be permitted by right. So, you know, while I believe that it would be harmonious with it, that's not
really one of the that doesn't really touch on the criteria of the special exception. Item two of the criteria we're supposed to be looking at are are are is this goal or is this development or will this approval be meeting the goals and the strategies of the comprehensive plan? And I think that, you know, this sort of infill development is pretty one to one. It will it's overtly one to one in line with some goals outlined in the comprehensive plan. Per table two of the land use category descriptions on page 29 of the comprehensive plan. The general residential areas should allow up to four dwelling units if the existing structure
is maintained. You know, that sort of goal and strategy was directly ported over into our development code, and, you know, this is right in line with that pretty much exactly. Additionally, planning commission and city council can consider whether with conditions, then if a development would generally be, like, you know, consistent with the public necessity, convenience, general welfare, and good zoning practices. And I think that this project sorta hits, you know, all those criteria in order. This is ex you know, this is the sort of development we're exactly looking for.
You know, maintaining the existing structure also speaks to the goals of the comprehensive plan to bear with me. One of the goals where did this go? Oh, yeah. In chapter four, goal three of the comprehensive plan, protect neighborhood identities while allowing for infill development. And, again, you know, with existing structure preservation, I think this hits the mark there as well. So, therefore, you know, given the harmonious nature of the development, the goals of the
comprehensive plan I'm sorry. Let me back up one second. We did consider, like, alternatives that would, you know, make this compliant where applicant wouldn't need the special exception. For example, you know, there could be an opportunity for subdivision in which, you know, the existing house does meet that bill to requirement. But, you know, given the state of the lot that the house is sitting exactly pretty much in the middle of their lot, subdivision isn't really a viable option to, meet the bill to requirements there. Alternatively, an a front addition on the house could be a viable option on meeting
the bill to requirement. But, you know, in my opinion, that's not, a reasonable requirement. It's gonna be costly and would more alter, you know, the feel of the neighborhood, and then it would just be more harmful to the streetscape than just approving the special exception permit. We did consider, administrative modification. However, the criteria on an administrative modification are, sort of hardship standards, whether there's, like, topographical or geographic, you know, interruptions that would allow for an administrative modification of the
15% of the, physical dimensions outlined in the code. And, you know, in my opinion, doesn't really meet those hardship criteria, so the special exception would be the most viable path. So all that being said, staff are recommending approval of this special exception permit in the RA residential a zoning district at 1107 Myrtle Street to permit the construction of those three single unit attached, units behind the existing house, with the following condition that
the size, location, and use of the project be consistent with, you know, the development plan that we have working through under project number PL2533. Alright. Is the applicant here? Do you have anything to add? No. Okay. Quick read. Quick question. Mhmm. Alright. So the pointy end of the spear here is that this building is 19 inches too skinny. Four feet, I thought. No. It's 21.9. So that's 20 feet. Feet. That would get you under 10%, which I thought that the could be administratively handled.
Well, the admin modification, the criteria on that is that of a hardship. So I don't, I thought at one point, we had a 10%, at discretion of the administrator for something. The administrator didn't give the notification, but it still has to be a hardship. Okay. Alright. Alright. Gotcha. Criteria to the issuing that. Yeah. Gotcha. Okay. So, So it was that three feet. So it's three feet. Alright. Yeah. And yeah. And so alright. So I guess it's another conversation of how we define a hardship because in order
to proceed by modifying that building, that would be, I think, that would be expensive in a substantial way. I mean, I guess you could just expand the porch and smirk, but I don't think cost can be a hardship. Yeah. Well, not any hardship under the administrative modifications are spelled out. Okay. It's it's there is a criteria. Right. That's all set by state law. We can change it. That's right. Never mind. I'm still Remember, you guys asked to change it. Right. Yeah. That's right. We asked to change it. Looks like a really great addition to the neighborhood. Your I guess, I don't really have a question for the applicant, but it seems
like, maybe for staff that the code, you know, is incentivizing people to keep the existing building, but then the build to requirement is working against that. So I don't know if you're looking at the, I don't know if this is in tier two or tier three of the things you're looking at to adjust. Can we kind of undo this cross, this, like, the parts of the code that we're gonna get to each other and make make preserved buildings exempt from build two or something like that. Just a thought for consideration. Noted. Commissioner Soli Yates.
Any questions? Just did it. Looks like an exciting project. The only add on comment I'd make is that this use of sub lots and putting the four in there and preserving the structure, this is, you know, right down the line exactly what we were thinking with these sub lots. So this is so I agree with you that this bill two is always I've always been a little leery of it for this reason, and maybe detangling that might be something to do in terms of revisions. Something to do in terms of revisions. Questions? Yeah. I don't think either of those were questions, but I agree we're both of them.
It seems like, particularly in residential zones, the bill two requirements and the way they're formulated aren't quite hitting the mark. And I hope we'll pick that up at some point in this revision process. Just one question for clarity. You mentioned that you guys explored subdivision as an alternative, but the house was in the way. But this is a 7,500 square foot lot total. Right? So to subdivide, you would need at least each lot would have to be 6,000 square feet. So I don't couldn't something about it, I would think.
And that would have been determined. Yeah. Well, I mean, if if you correctly determine that it could not be something about it. Right. Practically. So, yeah. That's right. That that's a good point. A nonstarter in two ways. Mister Mitchell, do you have any questions? Nope. Alright. Since we kind of have gone in the comments already, are there any comments from the side of the room? Any further comments? No? Go for it, Rory. I move to recommend approval of this application for a special exception permit in the RA residential a zone at 1107 Myrtle Street to permit the construction of three single
unit homes outside of the bill two requirement. With one condition, the size, location, and use will be consistent with the materials submitted in application PL 250033 dated 02/12/2025. Second second. Who got that? I think loud. I think loud out there first. Okay. He lulled me. Miss Christie, would you, call it? Alright. Mister Solietz? Aye. Mister Yoder? Yes. Mister Roker? Yes. And mister Swartz? Yes. Alright. Well, I guess that is it. Staff, do you have anything to add before we close out?
Nope. Do you Cheers. I have a motion. Alright. As you all know, we acknowledge the birthday of this nation is July 4. That's when we, mark that occasion. But I will point out that 09/09/1776 is actually the the fourth might have been the birth, but September 9 is the christening. Today is the day that Continental Congress called the country The United States and formally obligated that, which is, you know, an interesting bit of fact. But what I rather wanna close out on is that, today after is the twenty
fifth anniversary of the establishment of the holiday of wonderful weird okay. And I think that, this comes out of keep Austin weird, and I suggest that we adjourn and celebrate in our own way. Second. Glad you had the same thing because, Sean Tubbs already beat you, The United States thing. Did he? He had his newsletter today. Did he start start doing that subsequent to mine? I think so. Competition with it. Alright. One Tuesday a month.