Prescott Valley unanimously approves sweeping 46-year zoning code rewrite with housing reforms

[Music] I [Music] a [Music] he e [Music] [Applause] [Music] he [Music] oh [Music] ch [Music] he [Music] oh the [Music] oh [Music] I'd like to call the November 4th 2024 Planning and Zoning Commission meeting to to order Mr bordone would you please leave us lead us in the pledge to the flag of the United States of America and to the Republic for which it stands one nation under God indivisible with liberty and justice for all thank you clerk Kelly would you please take rooll chairperson Griffith here Vice chairperson Evans here commissioner BB here commissioner bordon here commissioner Laney commissioner Rutherford we have a quorum thank you good evening my name is Sandy griffi and I'm the chairperson of the Planning and Zoning commission I will be presiding over the commission's deliberations on hearing and action items this evening the Planning and Zoning commission sits in an advisory capacity to the Town Council as such the commission reviews Planning and Zoning issues and forwards recommendations regarding these important issues to the council all members are appointed by Town Council and volunteer their time this evening's proceedings will be conducted as follows first I will read the hearing item into the record staff will then present the case in their recommendations to the commission the commission will then ask staff of any questions the floor will be open to comments from the public regarding the hearing item if you wish to speak during a call to the public or on a public hearing or action item please pre-register your name with the clerk prior to the commencement of the meeting or any time prior to the meeting on the town of Prescot Valley website when you are recognized by the clerk please come to the microphone and state your name and address for the record after all pre-registered speaker comments the chair may call for any additional non-registered speakers wishing to speak to the podium the speaker will state their name for registration by the clerk at the podium and will begin their comment when directed by the chair I ask that you direct your pertinent comments to the commission through the chairperson and not to staff or individuals within the audience a three minute time limit will be imposed after public comment has been closed the item will then return first to staff if needed then to the commission for comments and or a motion and vote call to the public at this time any member of the public is allowed to address the Planning and Zoning Commission on any issue within the jurisdiction of the commission except for items scheduled for a public hearing or action item at this meeting those wishing to address the commission must register their name with the clerk the commission's respon is limited to responding to criticism asking staff to review a matter comment upon or asking that a manner be put on a future agenda such remarks shall be limited to 3 minutes unless additional time is granted by the chairperson Miss Kelly do we have any public comment yes chair we have Robert Ogden I'll go ahead thank you thank you nice to have you here sir are there any announcements from the commission clerk any announcements no approval of the minutes is next on our agenda the July 8th 2024 regular meeting of pnz are there any changes and or a motion and approval from the commission I motion or make a motion to approve the minutes July 8th 2024 thank you commissioner BB do we have a second thank you Sandra Lany by Voice vote all of those in favor I any nay approval of the minutes from the September 5th 2024 joint session meeting with planning and zoning and Town Council are there any changes and or a motion for approval I move we approve the minutes of September 5th second thank you Vice chair Evans and commissioner BB made the second Voice vote all of those in favor I any nay thank you I will now open the public hearing item zoa 24-1 consideration and possible action to approve Town Council chapter 13 zoning update making the presentation is Miss Donna Kennedy director of development services thank you chairman Griffith good evening Commissioners um Vice chair Evans and Comm Commissioners Frank and I as you can see he's on the zoom meeting with us but we are both here today to present you and to get your input and recommendation to Town Council on the zoning code update chapter 13 as you may be aware this code was originated in 1978 we've had minor updates to it but this is really the first major update that we're having really looking at many of the elements that um are in the code to bring them up to best practices for development I first of all I'd like to thank all the Departments that helped us it was a very collaborative effort we've had Neighborhood Services code enforcement we've had the town manager's office Public Works the town engineer and of course development services with our planners we've been going on for about a year with this looking at different items for the public safety health and wellness of the development code or zoning code so what we've done in the past year we've had two joint session meetings as you well know you participated the Planning and Zoning commission with Town Council we've posted this online we've gotten feedback from our clients from the community and also from our Business Leaders about the code many of the comments we got we've incorporated into the code but others we will be coming back in early 26 with design guidelines for commercial and residential so some of those are more applicable to go into that design guidelines our next steps for this we have our first read at the council hearing November 14th and then another hearing on December 11th for this and both at the Planning and Zoning commission here tonight and at Council if there's any input where we're going to be adding or deleting we ask that there be a motion to do so individually um let's say something where you want to change or want to make a recommendation there'll be one motion for that if commissioner wants to change or we discuss that something else needs to be added it has to be a motion for that this is for all of us so that it's documented so we don't miss anything and at the final end so we're on to our committee and also our department we look to two guidelines that or two documents that help us as a road map moving forward and one is the vision 2024 we look for the safety for our neighborhoods and our environment what does this look like with the infrastructure that we have what does new development bring with that housing what type of products are coming in and where they're going the connectivity to all our land uses whether it be Parks industrial residential Trails um there's some guidelines for our Trails on that our recreational space you know what does that look that recreational space really is a um a me it's a amenity to our community just not only for the town but for our property owners how do we go about orchestrating where those are our community engagement areas our plac making opportunities so when each project comes through we look at it holistically we don't look at it just for a site we look to our zoning code but what does our zoning code say about these elements so we you know we have either you see here on this slide we've got new renderings to our um code our current code it's been around for so long that when we duplicate the code it's all blurred so we've hired we've got new upto-date best practice is renderings of what expectations are next Slide the general plan is also a guiding principle for us it states in there specifically that we have to update our standards as needed we believe today our department there's many Antiquated sections where we go in and interpretations are needed we have other best practices that we're using out on the field how do we marry the two so we're updating the standards whether it be Landscaping the building design parking signage site planning it's all considered gener ations this will improve the livability for our residents having these areas in new neighborhoods even Redevelopment areas you'll notice changes and it's not only for today but for future development so the zoning code has many elements to it I've listed a few of them here on the slide whether it's the land uses whether it's fences and definitions and interpretations we hired uh Frank Cassidy he's our land use attorney and attorney and the consultant on the project so we look at how these all interrelate what they do is Standalone and we make sure that there's a good way in our code that we can go to a chapter and really look and find what we need in a simplified manner I'll turn it over to Frank Cassidy right now he'll go through the whole process of what we did each section and hopefully if you have any questions it'll clarify it for you as well it's all yours Frank thank you can you hear me okay yes okay sorry that I'm not able to to be there in person we thought we would try this uh remotely and see how it works out so hopefully it will um as you saw in your materials you've got about you know 364 pages of background documents for today's meeting um they include the revised draft of the chapter 13 Zone which is the October 16th draft there's a computer generated red line that shows changes between this current draft and the draft that you discussed on September the 5th at that joint meeting um there's also a table of major changes a derivation table and a housing impact statement that's included with your background materials just to give you a little overview of the presentation for tonight I'm just going to talk briefly about the goals of the rision some of the key changes uh discussion of possible additional little tweaks and then open it up for your feedback and any tweaks and feedback from the from the com uh from the public so first of all the goals of the revised draft are really to simplify the language we've eliminated a lot of legal ease and duplication we've put special topical areas into individual sections so if you look at article 13.08 regulations pertaining to particular uses um you'll find those uses for particular uses found there instead of scattered throughout the whole code uh We've clarified some of the zoning District designations um the uh residential designations also have density designations we've identified and resolved some conflicting language in the code and we've tried to pursue some attainable housing goals that the attainable housing task force uh had discussed with the council last year some of these slides are repetitive for you but uh just to give an overview you know we did um rename a few of the zoning districts just so that we would eliminate numbers from the zoning District designations because there are numbers in the density designations we didn't want there to be any confusion between a density designation and the actual zoning uh District designation but you can see the list stays the same they're the same zones just some of them have been have different names as I mentioned there's a a title that has a list of particular uses and now these particular uses uh you simply need to look at these individual sections to find them so for example in the existing code if you look for regulations on marijuana uses you'll look throughout the code they're salted and peppered throughout the entire current code now they're in one place in the code um this code uses uh tables instead of text for discussion of permitted and conditional uses but existing code has many pages of lists of use uses um the revised code uses the tables and then has definition for certain combined uses so for example the animal uses are split into a animal a uses Animal B uses animal C uses so those uses are combined together in the various categories and as you look at those definitions you can see that they get um uh you know more inclusive of uses as you go up in in the the lettering so the higher letter use the Leisure F use is I guess you would say the most obnoxious use whereas the Leisure a use is the least obnoxious use if you want to look at it that way um some of the key changes right now in the current code um multifam housing is allowed in the c12c C1 C2 and C3 Zone only 25% on the first story of a multi of a uh one-story commercial building and then in the upper floors of multistory commercial buildings in the revised code to help achieve attainable housing goals the multif family housing is now also allowed as a primary use to the extent it's approved through the rezoning process so as long as everybody knew right up front through the zoning entitlement process that you were getting multif family it would would allow that as a use um also with respect to multif family housing based on feedback from the September 5th meeting we eliminated the 50 p uh 50 square fet per unit storage requirement for apartments Factory built dwellings right now in the existing code is a little unclear um exactly how Factory built dwellings are handled just so you know a factory built dwelling is built to building code standards but it's built in a factory it's built offsite then brought on site this is not a manufactured home so this is a home built to building code standards it's just a determination of where it's built it's built in a factory and brought to the site the the new code is very clear in stating that as far as our zoning code is concerned Factory built dwellings and buildings are permitted any place that siteb built um buildings are allowed uh the only exceptions from a practical practical perspective is that number one obviously you have to site a factory built building onto the site and therefore Town Cod chapter 15 which deals with installation and anchoring requirements that's going to come into to play for factory built buildings also not having anything to do with the town but um you know every use has to comply with covenants conditions and restrictions uh ccnr is if you will private restrictions and many private restrictions do prohibit Factory built uh buildings and of course there's nothing the town can do about that but I wanted to bring it to your attention that uh even though our code will allow these wherever siteb built buildings are allowed other requirements are going to come into play another key change um you may remember the discussion at the September 5th joint session we talked about a home of my own the A Home of my own program um Yavapai County has come up with preapproved PL uh for affordable basically affordable homes you don't have to hire an architect anymore you can just use one of these pre-approved plans but when we looked at where this program could be actually implemented in the town of Prescot Valley we realized that the most affordable Lots were actually in the R1 MH Zone which is now now going to be the MH Zone and that zone only allows for manufactured housing so um one of the changes to allow these home of my own uh homes to be built and frankly other siteb Built Homes is that we now in the new code will allow site built housing in the MH Zone Mr Cassidy sorry I have a question do you mean any siteb built home or just a home of my own siteb built home well if you remember uh Madam chair thank you for the question um is if you remember the discussion at the September 5th meeting I had originally proposed that it only be allowed for a home of my own or for some other home that would be a affordable to a home making basically 30% of the median income the feedback that I received at the meeting was along the lines of well let's not put a um affordability requirement on it so the way I've in inserted this into the current code is simply to allow any siteb built home in the m thank you sir certainly another key change is that right now manufactured homes so these are homes built to HUD standards these are not homes built to un to building code standards but homes built to to Federal HUD standards right now they're only allowed in the r1h and R1 MH I'm sorry R1 m u mixed use Zone basically and the R1 MH Z Zone uh and manufactured home parks are allowed by use permit uh in C1 C2 and C3 in the update uh we're at the suggestion of several comments that I received from folks who are asserting that Manu modern manufactured homes can in fact be built with the appearance of siteb built housing based on that feedback and based on some discussions with staff the revised code would allow manufactured homes with the appearance of siteb built housing in the ru RL or RS districts um if they are approved as part of a rezoning case so if everybody understood right from the beginning from right from the get-go that this was going to be for mobile uh for manufactur ured housing then the current draft of the code would allow that and the same approach is also taken with manufactured home parks that as part of a rezoning case uh that that takes a resoning to RM which is the U mixed housing residential or the MH zones uh you could also now under the revised code get manufactured home parks uh in those those districts another key change is that right now in your current code you have something called a use permit and the use permit uh goes to right now the board of adjustment and then to uh Council on appeal um we've now split these into two different kinds of permits one is the special use permit and the other is a condition use permit in your current code there are certain uses especially for example Telecom which even though it says it uses a use permit process it says those uses must be approved by the Town Council so as a practical matter even in your current code it's a slightly different process for Telecom uh in the revised code we've just simply called that something else we now call it a special use permit and a special use permit is a kind of use that requires a recommendation from the commission and then action by the council it it's not going to rise to the same level as a resoning case necessarily but it will have a public Hearing in front of the commission and it will have a public Hearing in front of the council um for these uses and again the Telecom uses are included in the but we've now expanded it to also apply to utility scale solar so if somebody came to town and said they wanted to bring a solar farm to town that requires a special use permit uh wind turbines you don't currently have any uh regulations in your existing code for wind turbines but in the revised code we've inserted wind turbines but we've said they need to have a speci use permit you have to go through that full process now lesser uses um uses that require a conditional use permit are now going to be handled differently in the in the revised code um the way they would work is the zoning administrator would send out notice to people within 300 ft give an opportunity for objections and the zoning administrator would make make a decision on conditional uses than if anyone who has a uh an interest in the case wants to appeal that so an immediate neighbor for example or even a council member wants to appeal that the appeal goes to the council so it starts out with an administrative decision and then that gets appealed to council that's the cup process there's a third process that's been added in this code and it's called conditional uses upon annexation or diminution claim this only applies to those two circumstances annexations and diminutions the reason for having this process is that County zoning is not identical to town zoning when somebody wants to be annexed into the town one of the things they often lose for example is the agricultural exemption in the county Counties have no authority to Zone agricultural uses so in the county they have an agricultural exemption it's a hurdle for someone sometimes to be brought into the town because they have uses in the county that we don't necessarily allow this would allow upon annexation would allow the council to uh permit a use that was permitted in the county would allow that to be carried over into the into the town and then the second situation where it applies is if somebody files what's called a diminution claim we're talking about a proposition 207 claim where somebody says Hey for example you've adopted this new code and now I believe my property value is reduced because Cassidy tweaked one of the uses a little bit and somebody may find a claim against the town saying Hey I want diminution value for losing that use well the state law allows the council instead of paying for the reduction in value it allows the council to say well for your property we will allow that use and so this provision allows the council to permit that use upon receiving one of those diminution claims so those are the three use permit Provisions that are different uh another key change was discussed at September 5th meeting what is to allow um standard zoning lots of smaller than 10,000 square feet right now your smallest standard zoning size is a 10,000 square foot lot and because of that anybody wanting to build standard housing these days has to come in with a p the pad right now is the only way under your code to get a lot size smaller than 10,000 square ft if you go anywhere else in the in the state of Arizona traditional housing that's being built by one of the normal big uh home builders are being built on lot smaller than 10,000 square ft so they can't bring their standard product to your community without getting a p under your current code so this change would actually allow um for for example if you have a designation of eight it would actually allow you to have an 8,000 foot lot right now under your current code if you have a designation of eight you have to have a 10,000 foot lot but your overall density can be 8,000 square ft so if you have for example uh several Acres of of R R1 uh L8 zoning uh you might be able to get an extra unit on that combined lot by having the the eight designation but you can't have an 8,000 ft lot under the revision you'd be able to have an 8,000 ft lot for the most part this change will only be applied prospectively through rezoning but there are a few um exceptions to that there is a little bit of acreage out there where there is some density that some density designations that upon adoption of the new code would allow a smaller lot than currently is allowed so for example if you look on this Slide the second item there are six acres of r1l eight zoning so you could have 8,000 foot density on 10,000 sare foot Lots under the update that will now be rl8 zoning and you'd simply be able to have 8,000 foot Lots so it's a simpler a simpler approach and it allows people to use it allows Builders really to to use traditional zoning instead of having to get a pad another key change is the pad uh right now um you have to do a pad under the existing code if you have more than 40 acres the update eliminates that if you have more than 40 acres and you want to go TR if you want a resoning to some one of the traditional zones you can go ahead and get resoning to a traditional Zone you don't have to do a pad under the update um and now instead of being available uh for larger properties it's now going to be available for land area five acres or larger so you can actually use a pad on a smaller um uh on a smaller parcel of land it's also allowed under your current code is allowed only as an overlay Zone um so there's an underlying zoning designation and then you have an overlay of pad and of course the the developer the property owner writes the rules for their pad for the overlay in the update it just eliminates that layer and says if you want to have a pad as a primary zoning designation you can do that the pad now follows a standard resoning process with one exception for a pad you have to have a whole bunch of upfront information uh that's not required for a standard rezoning case um the any subdivision plats and development plans that are consistent with the approved uh pad resoning are now going to be reviewed and approved administratively instead of through some um quazi legislative process that's in your current code so uh one Exception by the way to the process is is that already approved pads have to follow the procedures that went with their pad so in other words if that P said that amendments will be done in the following Manner and it listed what Manner those uh amendments had to be made that will still apply to Old pads so most of these changes for pads are going to be prospective uh another key change um in this has a lot to do with a lot of the feedback that we got about the resoning process where we heard that uh people would make promises through the resoning process but once they got their zoning they would do something that didn't look like what they were showing you in the zoning process so now the rezoning there's a new rezoning procedure section that uses the term preliminary development plan right now that term is only used for pads but now it's going to be used for all rezonings preliminary development plan means it's all that stuff that the property owner showed you all the pretty pictures all the plans that they showed you to convince you to get the rezoning that's now made part of the rezoning case so if they said they were going to do a certain product that becomes a condition a standard condition of the rezoning unless the council expressly says it's not a condition of rezoning in other words the council can overrule that General requirement but the general rule now is if you want a resoning you tell us exactly how you want your property reson and you must comply with that so the point of this really is to deter speculative rezonings we want people come in who have an actual plan for their rezoning and not to do a rezoning based on speculation so this uh uses the preliminary development plan terminology to identify a plan that identifies what your zoning entitlements are so that's that's the terminology we now use another um provision uh well there's more I I actually have two slides on the resoning procedure so this is the second slide uh it does point out that uh substantial it identifies what a substantial change is if you if a rezoning applicant wants to change what they got approved they have to come back through the resoning U process and by the way many of these procedures that you're going to find in the rezoning section they were already in the code but they only applied previously to the pad process now they kind of apply to all the processes people need to be clear about what they want up front and then those requirements become part of the rezoning they get get recorded as along with the ordinance to identify the um uh the zoning entitlements for that property another key change is is that we've added a rezoning shot clock now rezone standard rezonings uh must be reviewed within 180 days um we did this because state law this year requires all cities and towns to adopt a rezoning shot clock before the end of the year so we figured we might you know we're doing this zoning uh the zoning update so we might as well stick the shot clock uh that's required by state law into the current draft so you'll find the shot clock provision in the current draft it does not apply to applications for uh pad or in historic zones by the way I don't remember that you guys have any of those but you certainly have pad applications so it's you don't have an 180-day shot clock for um for pads but you do have 180 day shot clocks for all other rezonings um one temporary change that I had to make I had pulled the land split section out of chapter 13 if you remember because we're going to put it we're going to deal with that in chapter 14 the subdivision code but the timing for the two chapters is not the same in other words we're we're not ready to bring chapter 14 forward yet and So to avoid not having regulation over land splits for a little while I plopped the land split section back into uh chapter 13 when we bring chapter 14 forward again um I will push it back to to chapter 14 as we had a planned before so anyway that's the way that goes and you know we don't stop thinking about things I hate to say it I know it drives people crazy but we don't stop thinking about things just because we do a new draft so there are still uh things that we're going to plan to tweak between now and when we go to to the council um one of those tweaks some of them are are listed here but so one of them is going to say that if you went through the resoning process and your preliminary development plan said that you wanted to do a conditional use for example a use that's listed only as a conditional use the rezoning is enough for you to get that use you don't have to immediately after your rezoning case start over again with a conditional use process uh I realized after I prepared the draft that I had failed to to recognize that that there was a PO a potential for a repetitious process you can imagine if you had an Su process uh after a rezoning you'd basically be going through two essentially two resoning cases in front of the commission and councel so that's one of the things another tweak is out of a concern for a a legal issue um we are considering making any use that's allowed only as part of a resoning case instead of saying that it only is allowed as part of a resoning case that it can also be allowed as an Su use so it's either through the resoning process or through the process that has to go to the commission and councel that special use permit process the third bullet point of tweaks has to do with engineering things um you know the engineering folks have concerns about some of the specific language and uh and and so I want to make sure that everybody understands that even if you have your preliminary development plan approved through the resoning process you still must meet engineering standards as part of your final development plan the final development plan is now going to be totally administrative but when that final development plan comes if the engineering shows that something on your preliminary development plan doesn't work that you still have to follow the engineering in other words the engineering overrules anything that's on your pretty picture for your preliminary development plan if you understand what I'm saying so the engineer you always have to prove up your engineering and and the reason for this is kind of simple the the council members the commission members and council members are for the most part not Engineers so when they approved the preliminary development plan the pretty picture saying oh yeah I like that zoning concept I'm going to give you that zoning entitlement they're not thinking about the turning radius for some big truck you see what I'm saying I mean the engineering uh is going to make sure that the truck that you wanted to to park on this site is going to actually be able to make the turn so anyway so the engineering uh is going to come into place so there will be several tweaks with engineering language um also it was noticed by a staff member during this process that the the special use permit process was missing some procedural language so that needs to be added back in that was my bad um I I needed to put that in and I intended to but ended up uh not doing that when I split it off from conditional use permits uh I failed to repeat that some of that process the final piece that we've recently gotten feedback on that we're okay with uh that we're certainly talking about is to clarify the clinic definition so that we make sure that it includes all aspects of Ambulatory Care um I've looked at a definition you know a couple definitions of Ambulatory Care and to me it looks like it fits the definition of a clinic but we've gotten some feedback from folks who are saying you know there are these what about a blood draw what about this particular element uh could you do that in a clinic um and and so we're gonna try to clarify and flesh out some of those elements um so I've obviously been talking for a long time I apologize for that but now is your opportunity to ask me uh a boatload of questions or whatever you want to do it's time for your open discussion and I'm happy to answer any questions you you might have thank you Mr Cassie at this time I'll bring it back to the commission commissioner Laney do you have any questions for Mr Cassidy commissioner yes so I have one uh question I guess more proba clarification Mr Cassidy um when you were talking a second ago about um your example about what would constitute a clinic the things you could do in a clinic and stuff and it brought me to another uh issue within um the rewrite of the zoning code here relative to definitions has there been consideration to your example Andor to the definitions within uh the rezoning or the zoning code rewrite which one of those may we may draw inference to the building code let's say for that definition so there's no confusion between what we reference or Define within the zoning code relative to maybe what the building code may call a a clinic or an Ambulatory Care Facility or something to that effect as the example well unfortunately there are conflicts um I'm sorry U chair I'm Madam chair and commissioner I I apologize I'm not since I'm not there I'm not actually following the normal procedure I apologize for that but anyway um as you know the the building code does have its own definitions and those are typically set by um a national panel uh and their standard definitions and of course they're they're designed for building code purposes uh and you could in fact have conflicts between the zoning definition and the building code definition I have not attempted to make any um tweaks to the zoning code to try to make them the same as the building code cuz in in my experience uh trying to do that just makes everybody crazy CU I can't figure out I'm not a zone I'm not a building code professional and every time I try to figure out uh occupancy requirements and and uh you know uh uh door sizes for different kinds of uses I seem to get myself in trouble so I sort of leave that to the building officials and maybe if if there's a building official in the audience they they might be able to to expand on that but I did not attempt to do uh to make them the same thank you Mr Cassidy commissioner Rutherford do you have any questions of Mr Cassidy no I I think Mr Cassidy explained the changes very well commissioner berdon I don't really have any questions I'm I'm just my general comment is you've done a you know Mr Cassidy and the staff have done a great job in rewriting a code in its entirety generally um I think it's been simplified you've met the goals that you set I kind of like that you set goals and said you know here's the goals we're going to try to accomplish during this rewrite um I like the compilation of the special uses yes they were mixed through there um and I don't have any really issues with the tweaks you've gone over you you've explained them quite well and I'm glad you caught the one of having engineering you know uh override any preliminary development plans because that will eliminate arguments with people about hey you you approved a preliminary development plan and you know you get to the town can say I'm sorry we may have approved it and gone through the process but it doesn't work so you have to make it work so I I think that's very good and and the tweaks you've done at least from my standpoint I haven't heard anything that causes me some concern but I just wanted to compliment you all Mr Cassidy staff everybody it's it's quite an accomplishment quite frankly so thank you thank you sir Vice chair Evans uh yeah just very briefly and uh as as commissioner bordone said uh this is a herculian effort when you look at it just the granularity the density uh must have you know driven everybody crazy at times and I greatly appreciate that Frank thank you for your leadership on it uh but it's just astounding to me it looks like a kind of a simple document but having dealt with contracts for 40 years uh this this thing's a beast and thank you thank you all very much I had a couple of quick questions uh but you dealt with it in your presentation and to prove I read this I found a typo on 65 but I'll pass that along separately thanks thank you Vice chair uh Mr Cassidy my hat is off to you my friend and the town staff for as the other commissioner said this is a heavy lift and I'm quite proud and pleased how it turned out um I'm especially happy with removing a lot of the redundancy that made me crazy and um I appreciate the attainable housing goal that was added in it's it's quite um wonderful to have that in this I have one question on the development of of a zoning case where now they come before us and show us what they're going to build they bring all of their as you call their pretty pictures in their buildings and show us what they're going to do now let's say what if that project doesn't move forward we've approved something that is not going to be built if the land sells now does the new owner have to come to us with another process and another development plan or can they assume the previous approved development plan Madame chair the zoning entitlements run with the land so as long as the new owner is willing to accomplish what the applicant the zoning applicant promised to you and follow the pretty pictures and the plans uh that were approved then they can also accomplish that but if they make a substantial change to what was approved uh they must go through the process again a substantial change would be determined by the zoning administrator when the zoning administrator looks at it they would consider it in terms of um for example um how you know how important was the issue that the new applicant wants to change in the resoning process if there was something that through the public hearing process you were very concerned about that was very clear on the record that the commission and the council were very concerned about and now a new developer wants to get rid of that that's more likely to be a substantial change if you can see what I'm saying if the applicant was showing a housing type uh a particular housing type and their resoning was approved for that particular housing type and then they want to do a entirely different housing type that will a substantial change they'd have to come back show you new pretty pictures and you would have to say okay I'm okay with you doing that alternative plan through the rezoning process commission and councel or the commission and councel would tell that uh applicant no that's so far different from what we approved and it's it doesn't fit in that place uh so we're not going to allow you to to make that substantial change thank you for that Clarity I appreciate it Commissioners any other questions of Mr Cassidy thank you sir for your hard work thank you clerk do we have any registered speakers for public or for our agenda item our public hearing item yes chair we have Jason Knox Mr Knox good evening my name is Jason Knox I live at 4790 North Sheridan Lane I only have two items I'm asking you guys to table this till the new council is seated in January and so that the current lame dunk Council can't do things that the public doesn't want some of these changes seem valid others do not and I'm just asking you to postpone it briefly so that the new Council can make the decision on it my second item is this term attainable it's a buzz word that means nothing it a $10 million house is attainable by somebody so would everybody please stop using it it doesn't mean anything it it's just deceiving to the public you're making it sound like affordable but it isn't thank you have a good evening thank you Mr Knox any other comments from the audience on the public hearing item the public hearing item is now closed bring it back to the commission I do have one motion that I would like to make as far as a change does anybody else have any other motions or comments commissioner Laney um my concern is and I I don't see it here maybe I've missed it but if somebody gets a approval for a p a and it is in phases and it goes on for years how can we make a change that that cannot be applicable for 20 years because everything changes so much how do we deal with that Mr Cassidy if I understand the question correctly um it's if there's a resoning that's in place for 20 years uh how can you go back and and change it if somebody comes forward with something different I'm not sure if that's the question but um the general answer is that a person's entitlements a property owner's entitlements don't actually vest fully vest until they construct the use so in order to to fully vest your rights for example to a um high density uh development or a commercial building uh that was approved through zoning process you actually have to build that use and once that use is built and is in place then those rights are vested and you wouldn't be able to change them after 20 years but if they're simply a zoning entitlement and there's no construction on the property uh and 20 years later somebody comes back and says well there's this old zoning entitlement but it had these pretty pictures that I'm just not willing to develop in compliance with so please let me change it you can in fact make them go through the resoning process uh again to get the revised preliminary development plan approved commissioner Lany that isn't exactly what I had in mind let's take for example Granville it was approved 20 years ago and it's just now finally in its last phase we also have Lakeshore 650 which is supposed to build out in 30 35 years and obviously it's done in phases is there any way in the zoning that they have a time limit that they have to start a phase or they lose the zoning yes and the zoning the revision uh to the zoning code recognizes um the state law on that subject state law does allow for a rezoning to be approved subject to a time frame of development but what state law doesn't allow is for the rezoning entitlement to be automatically removed what state law says is that after the time limit in question the resoning can be brought back to the counil and the council at that point can decide whether to extend the time limit or whether to take the property back to its pre-existing zoning uh and there's a hearing process process that that accompanies that process so what you're saying is there must be a time limit on each development and each pad P PD that we approve uh Madam chair and commissioner um Rutherford I I don't say that you have to have a condition you know a time condition but if you want there to be a time condition you must impose it at the time of resoning that's what I'm saying and so uh if it is imposed at the time of rezoning state law does allow the town to enforce that however it can't be automatically enforced it has to go back to the council at the end of the time frame that's the only catch thank you very much any other questions I do um want to make a proposed motion uh for a change to the zoning and it has to do with page 27 and Mr Cassidy we talked about this I brought it to your attention page 27b the current um chapter says Model Homes may not be operated as a branch real estate office and no more than four people may be assigned or stationed on a continuous basis in any one home Mr Cassidy when I brought this to your attention you um agreed and you said I had a point regarding this change and your recommend ation was that paragraph 5B should be modified to say Model Homes may be used as a real estate office but no more than four people may be assigned or stationed on a continuous basis in any one home that's correct sir yes chair can I ask that you that's clear that you tell us where that is again before it's on page 27 page 13-27 thank you 5V okay can you repeat that would you like me to repeat it well just because I got lost trying to hunt it down so I just under 5B it's currently says Model Homes may not be operated as a branch real estate office I would like to make a proposed change and Mr Cassidy agrees it should say Model Homes may be used as a real estate office but no more than four people may be assigned or stationed on a continuous basis in anyone home sounds to me like that should have said that anyway I agree okay yes I just wanted to make sure we were going to the right section thank you you're very welcome uh now um I need a motion and a second on my proposed thought you made a motion I just brought it Forward I did make a motion you made a motion thank you I need second it thank you um I will do a Voice vote all of those in favor I I opposed thank you Mr Cassidy for implementing this thank you so um the chair yes Mr commissioner bordone would you like to make a motion I think it's at the point in time we should I'll make a motion to uh cons to approve um and forward to the Town Council the revised town code chapter 13 for zoning and that's our public hearing item zoa 24-1 one yes thank you you're welcome do we have a second a second thank you Vice chair Evans um I Madam chair can we just include your Motion in your motion I have to revise my motion to say include the item previously approve and the tweaks the tweaks in the update Mr Evans you approve yes sir Miss Kelly will you call for a vote please please commissioner Rutherford yes commissioner Laney yes commissioner bordon yes commissioner BB yes Vice chair Evans yes chair Griffith yes one more item adjournment do we have a motion motion to adjourn motion a second please thank you voice vote all those in favor I we're adjourned my favorite motion [Music]