Planning Commission - Regular Meeting

I pledge allegiance to the flag of the United States of America and republic nation indivisible with liberty and justice for all. Your next item of business is approving the agenda. Any comments or concerns on the agenda? Hearing none, we'll say they say they were approved. Parents of interested citizens. That's item C. Have any interested citizens here? We do not

we do not have any interested citizens. Moving on to item D. The last meeting was on September the 11th, 2025. Uh getting any comments or thoughts on the on the minutes or we ready to approve them? Do those does that need a motion to do do that? Yes. Do we have a motion to approve the minutes? I'll move to approve the minutes of September 11th, 2025. I'll second. Okay. And we have We have a motion and a second. All in favor say I. I.

Any opposed? Nothing heard. Item E is our public hearing. That's where this script comes in. The planning commission will now conduct a public hearing to adopt an updated transportation system plan as a supporting document to the Dayton comprehensive plan and related amendments to title 7 of the Dayton Municipal Code. These proposed changes are included as exhibits A through D of the staff report dated November 13, 2025, which the planning commission received as part of tonight's agenda packet. For reference, the city case file number is L A2025-02. I will now open the public hearing at 6:32 p.m. Approval criteria for legislative decision-m are found in section 7.3.112 of the Dayton Land Use and Development Code. These criteria are also cited in the staff report addressed to the planning commission. The hearing will be conducted pursuant to the planning commission's adopted rules of procedure. Development procedure will be followed for receiving presentations and oral testimony. The item one is a presentation of the staff report and other applicable reports shall be given. That would happen now. Is that correct?

That's correct. Thank you. Very good.

Thank you, acting chair. So yes, uh as you said, we're here to begin the adoption process to incorporate the updated transportation systems plan and related uh implementing uh development code amendments into the comprehensive plan and the development code. We worked with uh two key consultants throughout this process. Um DKS uh consulting who uh Carl Springer from DKS is here tonight will a short presentation as well. um and MIG consulting who prepared the um the the content in exhibit A which is uh implementing ordinances menu uh memo. Um so they um as part of their scope of work drafted uh findings to address the approval criteria. They included in that memo are some recommended policy updates to the the text of chapter 10 of the comprehensive plan. which is the where the transportation policies the comprehensive plan are located um and the related uh development code updates to implement um some of the decisions that were made as as part of the tsp update process. So those are in exhibit A. The text of the the um the transportation system plan itself is in exhibit B. uh appendix A uh I think exhibit C are supporting technical documents uh related to the transportation systems plan that document the process and some of the technical decisions that were made uh going into the actual document. Um, exhibit D contains a strikeout version of chapter 10 of the comprehensive plan that implements the policy recommendations that are in the

implementing ordinances menu just for um just to provide it in that format. So you see how that chapter of the comprehensive plan will look when updated. Um the most uh relevant information uh for tonight's procedure is in the is this implementing ordinances memo and insert A. Um the updated uh goals and objectives that are incorporated in chapter 10 begin on page two of that memo. There are some public works design standards recommendations that are in here. Those aren't so the subject of this hearing tonight. So that's that will be adopted as part of a separate process. Um the summary of the development code updates begin on page uh 11 of the packet, page seven of the memo in table one. Uh the main the main objectives that we directed them to address were uh criteria for when uh traffic impact analysis was required as part of new development which were provisions that we didn't have in the code before and um updates to connectivity standards and block standards that will mainly come into effect with the development of the UGB swap area to to make sure that we have a well-connected, gritted, logical network of streets uh to serve the new homes there. And then MIG went through and updated various other sections that they felt were um uh needed to be addressed as part of of this project, mainly regarding parking. some uh new standards for on-site pedestrian circulation standards to

ensure uh good pedestrian access and connectivity between uh commercial developments and uh abuing right away. Um and some notification requirements for uh land use approvals uh to make sure affected agencies are notified and and um notified of various land use decisions. Um, and then the actual text of the amendments begin on page 14 of the packet and they're provided in um the typical um strikeout underlined format that you usually see as part of our development code updates. And with that, I will turn it over to Carl Springer, our uh our consultant who we worked with um who did really most of the heavy lifting through this project, most of the most of the technical project. So um he will take you through uh what we did and and um what's included in the plan.

Good evening. I'm GL Springer with Dcast Associates. I was the project manager for this effort and frankly I enjoyed it. You were a great community to work with and I got to say in doing transportation system plans all over Oregon, it's important that communities engage with us because we're just consultants. You know, it's important for us to hear what's important to the community and to tailor your plan to fit as best we can what you're striving to do. So that's what we hope the TSP represents. I think Kurt did a good job of highlighting the key issues that we're going to have to deal with. But I've got a presentation. I'm pretty sure you've all seen this presentation before few weeks ago maybe. So I'll go a little bit light if that's okay. If you have questions, feel free to stop me. We can pause on that. But let's let's dive into it. So um the funding piece is a grant from the transportation growth management program that paid our our bills and MIG's bills which is nice to have. You know there's these these are expensive efforts. It took I think 18 months to complete this. So it's that was a good use of funds there and we developed a plan that met their criteria. So you by now I'm hoping you know what a transportation system plan is. You have a good sense for that. There's a there's a few key things in it. One is meshing it with one is meshing it with the comprehensive plan. Making sure the goals and policies align with each other. That's that's one big piece. Another big piece is coming up with a project list that the community can support that makes sense to advance either through development or through some other grant funding possibilities. And then we also added as as Kurt mentioned a couple tools that you didn't have before. So when development comes

there'll be guidelines for developers to use to actually design their facilities in a more intelligent way that fits well with the community. So, it's a big document. There's lots of technical stuff in there, but in the end, I think those are some of the big pieces are going to come out of it for city's benefit. So, one of the key things in your action and then the city council's action to actually adopt this is to have an adopted TSP with these projects. That makes you in a much better position to compete for grant funding. That's an essent that's going to be an essential element if you for many of these projects. If you want to advance them and actually get them planned, designed and built, grant funding is going to be your mechanism to do that. As we noted in our work, your funding is is not going to support all the desires of the community. We've got a long list of projects in there and the current funding that the the city is collecting on a regular basis can't make that happen without grant funding to supplement that. It's basically the position we're in. All right. Uh, got some nice photos of the town in the TSP. Let's get going. So, the TSP development process. Um, it's a long-term plan. We usually aim for 20 years of growth and we work with other um we work with uh growth based on what your comprehensive plan provides and most of that growth is in the swap area as you're aware of but it also accounts for extra traffic is happening from a growth around the region. So it's not just growth within the city because other other people use your streets, right? So our forecast and analysis include both both of those things. Let's go to the next one. So, we had two primary ways to uh coordinate on this effort. One was an

ongoing project management team. So, that was represented by Kurt and city staff that we meet regularly and make key decisions. But the other piece was the project advisory committee that met on I think four separate occasions to kind of as in checkpoints as we went through the process that made sure we were on track and it raised important questions and kept us going. And we had two public events where we've reached out to the community and got good feedback from them about what's important to the community because again, you know, as consultants that come to town for a little bit, we see it. we have a glimpse of what's going on here, but the people who live here really understand what what's important, where this where the weak points are in the system, what's important to address as we go forward. So, that's captured in that slide schedule. We're toward the end. We're going to run a little bit longer than we expect. We hope to get finished uh this year, but we're going to slide just a little bit into next year before this is all over. I think it's ending in January, if I remember right, according to the current schedule. like the second reading.

The second reading of the ordinance. Yeah, we're close. We're close. We almost made it.

It'll be a little bit longer than that. Okay, next slide. So, if you look at the document, I like to tell the story in maps as best I can. So, one of the one of the maps in there will tell you what the challenges are the system today. And this is the first one that's captured in chapters four and five. Mainly it boils down to safety and connectivity for pedestrian and bike trip users. Those are the big challenges you have here. It's less about congestion and it's more about safety and ease of travel for walking and biking basically. So those are highlighted on those map and we designed the projects that are represented in the plan to address those needs. Next slide. So the standards that Kurt mentioned in passing. So there's from a traffic engineering point of view, there's a metric that says how much congestion is too much. And so when you come in and do a development review, the traffic engineer is going to do a study and say this is where your condition is now. When the development happens, it's going to go to here. And so we wanted to make sure there's some kind of metric that says, is that too much? And if it is too much, then there's some action that needs to be taken to try to address that as a part of the Belton process. That gives the city a position to actually negotiate with a developer and make that make those two things agree. That's why that's important, frankly. The other thing that that Kurt mentioned was the spacing and block length kind of thing. Again, that's to kind of move move the development pattern into kind of a grid form as opposed to some other thing they might want to do for land efficiency or low cost. It's important to have that connectivity for all travel modes. That's emphasized in the plan as well. Been talking a lot for a little bit. Can I pause? You guys have any questions?

All right, let's keep rolling. All right, so this next map is the proposed projects broken into three different groups. roadway projects, a lot of safety projects and then I think most of our focus was on what we call multimmoal projects but it's basically walking and biking and transit access kind of projects as multimodal are. So some of some of that was around access routes to the school sites. There's no there's no kind of there's kind of irregular connections about bikeways to get there. So that's that's addressed specifically that came that came up. Uh we had uh meetings at the school to talk about this stuff. We had to bribe them a little bit. We had to hand them out candy and get them answer questions, but we still we wanted to hear from the people who actually use those streets every day, what's working and what's not working. And so we've included that in the plan. Um the safety locations are more about historical safety problems where you've had crashes where you've had concerns about um right away and those are noted on the map. I won't go to them in detail. We can if we need to. Uh the funding, this is something that uh council eventually will need to address. Maybe in the next meeting we'll talk about this a bit more. But the current funding, as you can see there, available within the life of this plan for capital projects like we're envisioning in this pro in this plan is $4 million. So to you and me, $4 million sounds like a lot, but from a TSP point of view, we're comparing that to our high priority projects, which is $24 million. So if you really wanted to do those projects, you need $20 million. and you're currently elected. So there's

there's several different ways mentioned in the plan how to go about that. And there's so that's a decision that the council will have to consider if that's something they want to pursue or not. So that'll come up. But there's no act there's no action as a part of this TSP approval that would trigger that. This justformational for them to consider as we go forward. Does that make sense? All right. Next slide. Oh, we're on the next slide. Yeah. You want to go back? I don't know. Where are we? Uh, let's see. We did the projects. We did the finance. Okay, let's keep going.

And implementation. I think Kurt talked about go back one. Was it? Yeah. Wait. Oh my gosh. There you go.

There it is. All right. Now I'm feeling better. All right. So, those are the three key pieces. the TSP adoption, the updates to the comp plan and the transportation element there, and then the land use code updates. Those are all all three of those things need to occur for this to have weight. So, um, ultimately, uh, TSPs give you good good policies and project lists, but the key piece is to get it into the development code because that's where the the actual decisions are made about what this what the city's going to look like as it builds out in the development code, right? Probably telling you things you already know, right? Probably probably all that part, right?

What's that? We like to hear you said, Okay, let's see. Uh, goals and policies. Yeah, we talked about that. That's in chapter three. Let's go on to the next slide. So, uh, the updates to the code, heard kind of rolled through these, but so one of the things the that MIG was charged with doing is making sure that your code aligns with the latest state policies and regulations for what a transportation plan should look like so that you can say we comply with that basically. So, that's what a lot of those recommendations had to do with. All right.

Excuse me. Have you gotten feedback that they do comply uh from from DLCD? Right. I don't think we've heard specifically from them. Okay. Maybe a good I can I can tell you from my because I work with technically we have the representative on the advisory committee. I work with MIG for a long time. They they know exactly what's required. So if it's in there is addressing it.

Yeah. It's in there and it's and it's adopted by the city, it should be a good place. Um, right. Uh, updates to development code, talk about traffic impact analysis, on-site circulation, street design, right to stop improvements, all those things are important elements. Let's go on further work. The pieces that are yet to be decided. So, lot of activity and discussion about Ferry Street. There's lots of opportunity, a lot of lots of interest in part of the community about doing something in Berry Street. And the TSP illustrates a few different options and concepts of what that could be, but it's not making that decision for the community. It's saying that there's work yet to be done. there's a lot more conversation to be had with the public and with the property owners in particular and to lay out concepts that can be acceptable uh to ODOT in making any changes on Perry Street. So what do you think about that concerns thoughts? The emphasis there was to for one thing in this section of f interesting thing about ferious street is it's it's very different right here compared to five blocks that way and five blocks that way. So you have to figure out how to design design it to fit the available space in those blocks. That's the trick. There's not a one-sizefits-all kind of solution. very different kind of situation as you go further away from the immediate downtown. But still we want comfortable, convenient access for walking and biking. The city has very little designated bike facilities anywhere in the city. So if it's anywhere it would likely be would be on Berry Street

because that's where the highest volumes are the city. So, there's lots of opportunity there, but decisions have not yet to be made about what that's going to look like. All right. Well, just speaking person from personal experience, I've biked on Ferry Street a bit. Okay. And I've I don't think ever felt unsafe. Maybe once when there was a police pursuit that I I did go up on the sidewalk that time. Um, but hey, under normal circumstances, the traffic was never ever uh even during when they were letting school out. Okay.

I mean, bike lanes would be nice. I'm not going to argue against them. That's really all we're recommending at this point. I mean, but I don't even think they're really necessary. I don't know if they're high priority or not. Okay. But that's just my personal opinion. All right. All right. Yeah, part part of the thinking is is thinking about the range of writers, right? You've got the the adults like yourself that are comfortable in all kinds of environments and you've got the younger kids who may not be as comfortable. So, it's it's a matter of kind of serving all the different needs. Fair enough.

That's a discussion to be had. That's the point is there's further discussion to be had about what's right fit. Uh let's see. It listed just for information purposes the options to close the funding gap. So there are things called you're familiar with system development charges. Yes. So one mechanism to do that is to add some projects to the system development card project list. Increase the fee, collect more money, use that more money to build some projects that are important. That's one mechanism. And then the other is obviously grants. And then the there's a last one. I don't know if you've heard of street utility fees, but there is such a thing called street utility fees out there in Oregon. is a very popular method for financing transportation projects. Something we can provide more information about. But again, that's to be decided to be considered later on after this process is over. I don't know a lot in here about Berry Street and ODOT. Um, is there I didn't and I likely missed it, but is there anything specific to the ongoing conversation around working with ODOT with the state to gain ownership of Ferry and what that might look like

and transfer ownership or is it just focused on working with them to Yeah. So far, well, yeah. Yeah, we didn't we didn't spend a lot of energy on the on the transfer of ownership. I I think that's I think you I mean as you as you move forward on the design process that's that conversation can continue but I think it's important to I mean came up during one of the work sessions

we had yeah we had that discussion was either the first or second advisory committee meeting um and I think we were going to there is at least some hope that all this could be accomplished, that the city could accomplish what they want to accomplish on Ferry Street and get a a um a desirable outcome without without transferring ownership, right? Um so that didn't seem to be a a major barrier to improving Perry Street. Yeah,

I think there was not just a transportation component but but a design component and aesthetic component to Ferry Street. People just wanted wanted it to be uh just having a more a more positive welcoming look and feel and have a and have a consistent um uh aesthetic down the street that reflected date me as well. And that makes the whole environment more attractive for pedestrian activity doing bikeing and all those other things that we're trying to encourage. So, right.

And in my professional life, I work on projects that are funded by ST, but I actually don't know how you get on the list. Is that something that's done at the city level that you talk to elected officials to try to get up to to STIP is statewide transportation improvement plan. Our version is the capital improvement plan and there's several sections to that.

There's transportation, there's parks, um sewer, water, um all those things. And then there's a list of a list of projects. And then the idea is you figure out how much money you may need need and then you then you work out a formula for charging. But OTC adopts the stick projects, don't they? Yeah. For Yeah. statewide for talking about the local what we have control over at Dayton. What Dayton has control over is the local city, right?

Okay. I mean the city can always compete and try to get a project on the stick but it's it's a very I've only seen county well worked on projects where counties have step funding and they're working with ODOT to do that but I was just because of because of street being right wondering I know they're on the slate for 2400 to do our curb ramps and ADA access but it's a ways out so I'm just curious I think it's actually like 2032 or something. But

okay, I think we're about there. Yeah. So, the next next item uh second hearing doesn't look right. The first area this is this is the first hearing. Second hearing is cursed. Somebody picks that right. You're right. I'll go for that. Okay. So, yeah. So I think the action before you is to recommend to the council for adoption and then they they take the action to adopt or not and when the second reading happens in January. That's my piece. The other question anybody is Has anybody ever heard of a street utility fee?

I think they're in 30 or 40 Oregon cities use it. It's an ongoing fee that all residents and businesses pay. It's the difference between that and a SDC. SDC is a one-time fee that's collected when development happens. Utility fees are ongoing, so they can actually sustain programs instead of just a one-time thing. But again, how's that different from a tax? Well, it's it's not a tax because it's proportional to how much you use it. the the utility fee is it's based on like your frontage or something.

There's there's a metric there to to estimate how much a given land use type would use the transportation facility. Gotcha. Gotcha. So it's all it's all proportional basically. Gotcha.

That's what's unique about it is it's it's ongoing. I think it's one of the rare cases where it's an ongoing fee program. So, it gives the city much more opportunity to do things they want to do that they couldn't otherwise do. Anyway, I don't want I don't want to try to sell that. I just I just I did I did a research study on that at one point and it's unique to Oregon. Oregon, I think, is the only state that does them. getting ready to say this is the fourth state I've worked in and I have never seen a proliferation of fees as what I have seen in this state and that's that is a function of our

unique environment of public finance in this state particularly with respect to our property tax and sales tax limitations. All right.

All right. Thank you. Thank you. Thank you. Thank you. Next item. So, you got the sample motions on page two of the Okay. I I have I have I have a comment to make. I don't know if it can be put through as a motion, but something has occurred to me. I don't know when I don't know when to bring this up, but I have I have a piece I've written that anyone would like to share. I don't know if now is the time for it or if it's later. Of course. Shall I go ahead and Okay.

One of the things that was occurring to me reading all this is that part of the object of all this is to provide other options for transportation in Dayton besides single occupancy motor vehicle motor vehicles cars. No, nice room there. Um, there is talk of side talk about sidewalks. There's some technical technical specifications of what a sidewalk is. There's a specification here that says it needs to be ADA compliant. I'm proposing the idea that we need to go a little further than that because it isn't just people walking on their feet or people mobility devices that are using sidewalks. a wide variety of people students going to get to school safely uh people conducting small children either carrying them pushing them in strollers walking along the street with them so here's what I have in an interest of inclusion I propose that the 2025 Dayton transportation system plan add a definition for the term sidewalk to go along with delineations of various types of streets according to the Mariam Webster according to Mariam Webster site. A sidewalk is a usually paved walk for pedestrians at the side of the street. That's fairly intuitive. I'd like to add this concept to the TSP and I don't know exactly how to do that, but it's an idea of looking for this to be the a focus when we go about the business of deciding what we're going to do with a sidewalk. A sidewalk is a paved pathway to provide safe passage for a variety of pedestrians such as those walking, rolling, being carried, or using a wheel or other mobility devices. And um in the interest of not having to specify every single thing every single time, also references in the TSP that mention any pedestrian activity shall mean referring to all of them. We're referring to them all unless there's a compelling reason in a given case to do otherwise.

I don't know how I don't know how to put that put that put that through as a motion or

um why don't you just admit your um your written comments there into the record um and include in a motion that those be um added to I think the definition section of the development code because that's where those those terms like sidewalk and your definition seems approp appropriate um the actual text of the plan. um that I don't know if you're um so your wife actually made similar comments on including mobility devices in the plan and I'm told that they were that those that those amendments were added, but

they're they're there and but I'm actually going a little further uh that that the sidewalks cater to a a very very very population.

Um they're the they're the mode for safe was it safe routes to school. Um they are used by children who are old enough to be out on the street by themselves by elderly people using walkers by people who issues the clause require them to use straight hangers of some sort. We need to consider that and again what this means specifically I don't know but the idea of that this be part of the consideration when when we're designing.

So um in your motion reference your your written comments. Um what we can do is we can pass we can we can pass those on to the consultant team. um come back with a uh some proposed language that would be available um 7 days ahead of the city council hearing. You can have you can review it when that language is added and you can um provide your testimony to city council on December 1st um as to whether or not the language is acceptable or you can provide it provide some feedback back at any time

or you mentioned during that seven period it would belong in the sidewalk development code. The sidewalk definition can easily be added to the developer code which is not part of adopting TSP but there's implement there there's there's development there's implementing code changes in so we can add it to okay that is that two things then is it adding it to the development code

the TSP language I'm not sure how that would be addressed or or what is necessary to with the necessary updates to the TSP, the necessary changes to get rid of the goal that you're looking at. Wouldn't the TSP reference the definition of sidewalk as written in our development code? update of the development code when so the the development code to the extent that the development code implements transportation policy flows from the policies of the TSP that's

what's actually implemented it's implement that so the sidewalk definition when it goes into the development code that's what's going to imp implement that policy decision Mr. Vice Chair, could I ask a question? Yeah. Yes, of course.

Uh, so I just want to have um a little bit more clarity when we go back and flesh these ideas out for the December council meeting. What what would be the pra what do you see as the practical implications of this expan expanded understanding that you just articulated? Um, first of all, it acknowledges that there are a possibly broader variety of pedestrians that has been discussed. Um, thinking along the lines of that in an area where the uh sidewalks are are wide enough that they go all the way out of the street that part of our part of the stipulations are is that you have if you're going to have have tables or whatever. I mean, we kind of do this already like on Ferry Street tables or chairs and the like that they're closer to the street and the actual trap area that people traverse is closer to the buildings. Um thinking in terms of the idea that somebody who is conducting small children will appreciate that. Um somebody who's uh who's rolling on on a set of skates appreciate that if if that's allowed if that's allowed in town. I'm not sure it is. But it the notion being is that that we that we consider sidewalks to be something that we need to have passable by a by by by a very large variety of different kinds of pedestrians and that we aren't just talking about people walking or people or people using mobility devices. There are other populations as well that we need to consider. And this would also mean that uh how we set standards for what we're trying to do by way of keeping them up. Like are we are we looking at the surfaces like the I

mean I I know that the newer parts of the sidewalk actually discovered this I think about the about the way of beveling the edges between the sections that make them easier to roll over for people who are on wheels. Um I suspect those are probably more difficult to trip over as well. So, that's where I'm going with this is that is that it's it's it's beyond just people walking and people using mobility devices. That that's that's that's what that's what I'm getting at. And uh in Dayton itself, I can't think of too many places where there would be an issue with with grading. Like, is this too much of an incline? Um except possibly maybe down Ferry Street towards the water, but that much could be done about that because that's that's what the drain is. That's kind of where I'm going with this is that a a a a broader a broader definition of who's using the sidewalks to encourage more people to use the sidewalks.

That helps. Thank you. Okay. So, now I have a question about about trying to put this into a motion. Uh, I'm going to need to to to now Dave. Uh, as to when it is that I do that and what exactly is it I need to do for I can try to make the motion. I'll budge my way through. Okay. There's a there is a sample here. Yeah. Okay. All right. Good. Well, I think we'll get to that. So, we actually we actually jumped over something here because the public shall be invited to testify, but I believe we don't have any members of the council.

We do. We pleased to acknowledge the fact that item two was covered. We had no members of the public. Staff shall be invited to comment on testimony. I think I just did that. Did anyone else have any comments? Okay. Item four of the public hearing may be continued to another hearing date to allow additional testimony or it may be closed. I don't know how that's how that decision is made. Just close it. Just close the hearing. Close the hearing. Close the hearing. Pop the gel.

Okay. This public hearing is now close. We go. And now we can just deliberate. You don't need to read from the script. Okay. Deliberate and then entertain a motion. Whatever. delivery. Yeah, obviously. Is there any deliberation that's been presented to us? How about on how about how about on Zoom? I have any comments? Okay,

all looks good to me. Great. Uh let's see here. So, if there's no more deliberation, I think number two is the is the um Yep. sample motion that you'd be working from.

Okay. I move the planning commission adopt a revised staff report uh that includes proposed language by acting chair Macken regarding the definition of a sidewalk. um uh for review um prior to it being presented to the city council in December. Um and with with the recommendation that city council approve the revised amendments.

Just I'll make one one thing to have all the the uh eyes dotted and te crossed. I believe my title is vice chair as opposed to acting chair. Vice chair me. Yeah, she's correct. And and also before we before I second it, this also includes not just the Oh, maybe you said it's it's the whole packet with the amendments that have been produced. I heard the amendments part. I didn't hear the the rest of but maybe I just missed it. Should I try it again? Did I just miss it? I think you said it. I think you said I think we're good. We all we all understand when your motions

recommendation that city council approve the revised amendments um and approve LA 2025-0. Okay. Okay. But you you made the motion. Do we have a second? Second. Okay. We have a motion and a second. All in favor say I. I. I. I.

Um I have to ask it. All the posts say no. That's good. I heard four eyes. Somebody else said something. Who are you? All right then. Um have that right as a reference to who wrote it. Hearing. So we're now we're now on to other business. I got that right. All right. Is there any other business to come before the planning commission this evening? Should we talk about the hotel? Yeah. Yeah. Sorry. My question. Yeah. Michelle, then let's discuss that, shall we?

Uh the it's been approved by the city, city staff, and now we're in any appeal period that support. Correct. Okay. So anybody can comment on it and then what happens when that they've already commented on it. Anybody can appeal their okay the appeal would be to to you. Okay. So, one thing I'd like to emphasize is that anybody on the planning commission, any individual city councelor

uh can inform me that they would like to appeal this and then it'll come before you.

It is okay. It is individuals not body. Yes, this was a compromise uh that came up from uh council me when we made the changes to implement Senate 1537 that place certain limitated procedural limitations on the variety of application types identified as the demand's decisions that included site development review. and he wanted to have a mechanism to essentially call up the decision to review a city staff decision and and call it up and have a public hearing uh if uh there is a need to review the decision.

Jeremy, I'm going to I'm going to read that again. When you said something about the planning commissioners andor and or individual counselors, what can they do? I'm sorry, I missed last. So you could inform me that you would like to appeal my decision and then the approval of that application will be stayed pending a public hearing before the entire planning commission. Oh okay. Thank you. So my decision would be appealed planning commission and then and you would be the decision makers. All right. So if one of us appealed it, which side of the table are we sitting on during the meeting?

Hey, that's that's part of the democratic process. That's why it's in there to make sure there's trans transparency. It wouldn't hurt my feelings. It's an unusual situation. You're just trying we're just trying to operate within Yeah, I I understand stuff. I I um to to your question I suggest I I don't think it would be like an adversarial thing. It it would be more like an individual planning commissioner thinking this is a matter of public importance and I would like my colleagues to have an opportunity to weigh in on this. Got it.

So I think you would be right where you are. But I also think you would only want to do that if you think that the staff decision is wrong, right? Which I don't necessarily I'm not saying either way. So it's site development review. It's not a housing application, right? So there are discretionary there are discretionary criteria that apply to site development review. different people can apply those criteria in different ways.

And when we when we um updated the design standards in the central business overlay, a lot of that discussion was specifically applied to that project, right? And there are discretionary standards in those design standards as well. Mhm. So there's a lot So there's so there's definitely different ways to apply the approval criteria and the design standard in this particular case because it doesn't involve housing. Okay. Thank you. And that's part of the reason why the process has extended as long as it has. Right. And unfortunately I must ask

well not the first time around there were variances and things that were not staff decisions. Right. Correct. So they presumably altered their plans and so there's no more of that. Right. They they they removed the most controversial like height. They removed the height variances. Yeah. and the the large U access way driveway in front of the building between the building and the street. That was really good. Oh, okay. Okay. I missed that. So, if there's no appeals, then what? It's approved. It's done.

They can break ground. Yep. So, y'all y'all read that uh very thoroughly. Let me know if you have any questions. Absolutely. So if that does get appealed, it won't come before the planning commission till at least January probably, right? Just because of notice requirements and things and they wait the 14 days. Um it's been a longing process since report. Yeah. Is there any further discussion on this matter?

Are there is there any other business to come before the commission this evening? I'll take that as a no. I don't believe we don't need a motion to mature, do we? If we just just call it, right? Just call it. Use your power. Use my power. It's 7:20 p.m. on November the 11th, 2025. This final commission meeting is adjured. So, I didn't want on the record, but I think this is probably my last meeting.

I I agreed to be on till the end of my term, which is the end of this year. And unless there's something on the agenda, it's not going to be the hotel, which is all I care about. As long as it's the hotel is after I'm off, that's good. That's what I asked. can't persuade you to reup again. What? What? Henry, we can't persuade you to sign on again another term. I think I I don't live in anymore. Advertisement. I I moved out. I moved out in May.

And because we already had a vacancy, I thought it would be nice to and I'm a nice guy, so it would be nice to stay on, but I only agreed to do it till the end of the term, which I think is this this calendar year. So, now we're done. That's felt inappropriate since you know don't live here anymore. Yeah, the the the ordinance allows that to happen, but I think the the the uh spirit of that is somebody who lives near the city and I don't feel it anymore. Well, Rob, we thank you for your service to our community. You brought a lot of knowledge and expertise to the table and it'll be sorry to see you go. Well, thank you.

Yeah, we're gonna miss you. Thank you so much. Oh, with any luck, you'll find somebody really good to fill the seat. Yeah. I wonder about how how we're how we're doing on that is because now that that's we already got one vacancy. Second vacancy. And I mean, I joined the commission because I kind of got drafted. I moved to Dayton. Now, now you can be on the planning commission. So, by the commission, you know, I need to start twisting some arms. So, seriously, if you know anybody that's interested, refer them to me. I would love to have coffee with somebody and convince them to to be a part of this. Okay, it's good to know.

Give them my phone number. Is there are there any other requirements for city li you know like city council has their their rules about city limits versus in the zip code versus so we can have one person that's outside city limits. Um, so we could we would have one spot left for that and then the other person would have to be with me who was on here for years. Never lived in the city. Yeah, he was he was the number who was who was outside. Yeah.

Okay. So anyway, we're dealing with a lot of small city planning commissions.