City Council - Regular Meeting

Heat. Heat. Heat. Heat. Heat. Heat. over salo. Uh this has been something that we've especially now we're seeing a lot more development. Chris is in place and so we're just seeing movement um in different ways right now. And uh we've just as council it's it's as you all know you navigate it every day. It's a complex it's a it's a lot it's a lot. And so just to help us and to help the public better understand just what this looks like and and how we can best navigate through this process. So with that I will go ahead and mic pass over over to you all.

Just going to kind of kick it off here. First, I'd like to say thank you because um things have changed with this process and so we are very happy to be able to come and talk to you about processes what your role is in these um in this policy and processes and also to discuss how the city handles land development. Um and so also to note that we are always available to discuss anything to talk through to walk through not only with our elected officials but we are constantly reminding that in the public that we are here to help and um I think you'll see that through the through the presentation that it's pretty clear that we've spelled out each step of the way. So, um Oh, okay. Um but with that, I'm going to hand it over to Cooper to walk through um the SAO, the subdivision and land development process. And also, we're we're actually beginning with the waterfront conditional use also because that we have a hearing next week. We've had um we've had a hearing already um just within the year. Um and so we want to make sure that you all are aware of the process that's in place. Again, the role that the city council that planning commission plays and the um the influence or the the the reasonable conditions that can be placed on some of these these projects coming through.

And can I just say before Cooper starts, we have a lot. So this is a lot to get through. So hopefully we can keep it moving, but we want to answer your questions. And just to be clear, what you have in front of you is not the whole presentation. So Cooper is going to go through it on the screens. you have some handouts to support. I just don't want everyone looking not knowing where we are. Okay, thanks.

Yeah, and feel free to interrupt with any questions because it's a lot. Um, but yeah, like Jackie said, we're going to talk about water and conditional use and then Salo. Um, we have some slides in there to talk about city council's role in these processes and also the public's role in the process. Um, and just to start, we're going to talk about three main documents and we're going to probably slip into acronyms. So, just to make everybody aware, we're going to talk about the zoning ordinance, the subdivision and land development ordinance, which is the SALDO, and the Pennsylvania Municipalities Planning Guide, which is or planning code MPC. Um, and right off the bat, we'll get way more into this, but the difference in roles and responsibilities is that waterfront conditional use is approved by city council. Subdivisions and land developments are approved by the planning commission and won't be in front of city council. So, waterfront conditional use, any development in the waterfront district, and this is the first page in the packet, a little map. This is the zoning map. Um, anything in the waterfront area, which is zones WC, WC2, WC3, WM, and WR on the map. It's this blue shape along the water with the lines through it. And then there's another smaller piece off to the east. Um, all of that is the waterfront area. So development in there goes through this waterfront conditional use process and comes before city council.

Um all of this is defined in article 306 of the zoning ordinance. Many of the regulations that these projects will have to comply with are in the zoning ordinance. Excuse me. But we'll talk about a couple specific things that we felt really important. Um first any project along the waterfront if it touches the water has to maintain this um public prominade right across the water for activities. It could be jogging, could be biking but that's a non-negotiable right in the zoning ordinance that has to be maintained for any of these projects. Um all of the projects have to have a unity of character and design which is a little bit vague. Um and this is the this is the language that the design review committee and planning commission are upholding. So if there's improvements to consider, um I think some of that language would be a good place to start. Uh there are also landscape requirements. How much of the sites have to be given over to green space? Um and open space on the waterfront. Lighting um and a number of other things like that, screening are stipulated in the ordinance. Um and really conditional use allows for greater authority in protecting public safety and welfare compared to use by right. So projects that are not in the waterfront, we don't have this level of scrutiny over. Um, and we have less authority than we do in the waterfront. Uh, the flowchart off to the left is the next page in the handouts. Um, you'll probably be able to see it better down here, but like I said, all this is dictated by the zoning ordinance and ultimately approved by city council. Um, and we'll just walk through the flowchart kind of quickly as if we were an applicant. Um, so first when they get in contact with our office, we encourage them to set up a pre-application meeting. Um, and we include not only us in planning, but we'll include zoning and engineering and permitting and everyone who's available just to make sure we're all starting with the same information. Um, and establish the expectations for the developer at that meeting. When they submit an application, they pay the fee. Um, all of the information that's required is in

the application. Um, and when we get an application that we deem to be complete, we pass it off to the design review committee. Um, the design review committee is an advisory body. They're appointed by the planning commission. Um, and they review the project for aesthetics and they look at that unity of character and design and other language like that. They make a recommendation to the planning commission. The planning commission will hold a meeting. That's the third Tuesday of each month. They'll look for compliance with the zoning ordinance and any of the adopted city plans like our comprehensive plan ER refocused. Um, and then they will make a recommendation to city council. That's when I'll send you the memo. Um, and both the design review committee and planning commission meetings are public meetings. So, there's two opportunities for public engagement there. Um, then the public hearing with city council. Um, and we require an owner or representative to be present at those. we won't speak on behalf of the project. We ask somebody to come and do that. Um and that's another major opportunity for public input. And at the start of the public hearing, um which I'll do next week as well, I'll stand up and read the comments that the designer view committee and planning commission have provided to city council. At a following meeting, city council will vote to approve the conditional use. Um and we'll get more into this in the coming slides, but city council has the ability to place reasonable conditions and safeguards on a project. And we'll talk more about what those could be or couldn't be. Um, and after that, if there's nothing else to do, they can apply for building permits, but likely they'll still have to go through the salo process, which we'll talk about.

Was I wrong, or that originally wasn't this uh waterfront area supposed to be residential dwellings? How do we get to 30 apartments? Um, a lot of it is residential and there are a number of different zones within the waterfront area. So, there's conditional and residential. Question was, how did the 30 units Um, I guess this is all great. Yeah, but we don't get involved until down here, right? We should hear it right at the start. I would have had a lot of questions about 30 apartments. Sure. On a waterfront. Sure. I'm just

This this process is dictated by the zoning ordinance. So, if if you wanted to change the process, then we would change the process. I'm just asking you a question. But you're not answering. But it's dictated the apartments, right? Yeah. Well, there must have been I I can't remember off the top of my head which specific zone that was in, but it must allow for that number of units or it would never have gotten past our zoning office. My question. Yeah.

I also want to add and Cooper's going to go into that. The design review and and the planning commission is appointed by you council. So, we'll talk about that and if you are not feeling you're getting the information you want, those are your appointees. So, at any point you could step in there and make a change. You know, my comment, we get information, but I think it's so far down the line, it's almost too late to have any real input anyway. And I think to Jackie's point, happy to hear if you think that needs to be changed, we could. Y

um and then getting into city council's role in this process, of course, the public hearings. Um, and we did want to just point out and make very clear that the public hearings have to be scheduled within 60 days of the request for the public hearing or it's automatically assumed that it's approved and city council waves the right to review the project. Um, so after the planning commission meeting, I send memos to the clerks and to city council and that will start the 60-day timeline from that request. Cooper, I'd like I'd like to just note um the hearing that we have that's on the 18th that was approved by planning commission or recommended to council on January 20th. So we are cutting it very short for the 60 days

when they must be scheduled. There's like is it scheduled and held? Held. Yes. Okay. Within 60 days of the original request. Correct. And if if not per the MPC, per the per the state regulations, then it's deemed approved and goes forward in favor of the applicant. Yes. Just to

um so city council can set reasonable conditions and safeguards on the project in on top of what's laid out in the zoning ordinance. And the next page in the packet um is a lot of text that we won't specifically go into, but I would encourage you all to read it. I've pulled out some of it. um conditions cannot be related to off-site roadway improvements. So, we can't really require anybody to improve the street in front of their site because it's not part of their project, and we can't tie it to a specific person or owner. Um, but it could include screening, which is that could be we want to see more trees between the road and the site, or we want to see a heavier fence. Um, that shields maybe some of their equipment that would otherwise be visible. It could have to do with lighting if we're worried about overlighting in the city, maybe especially on the bayfront. Um, we could say we want you to keep your lighting at a lower level than you've proposed. Um, and it could also be operating hours. And you know, if it's a certain use, we could say we think that maybe you shouldn't be open past 9 in this area. Um, conditions are lawful if they're accepted by the applicant. So, if the applicant does not contest them, and again, this is all on this page here, then they must abide by them, and it's part of the project. Nevertheless, when we had Dulk Emperor stood up

and when he started, I thought he was really against the whole project, right? All he was doing is throwing off steam. Yeah. One little notation would have been good for us sitting here. If you don't have experience in real estate, you can say he's right. Where are they going to put the snow? But where they going to do this and where they going to do that? These are all legitimate concerns. Sure. And uh like I said, I 35 years in real estate, I know a little bit about what I'm talking about. And I don't think that folks that don't have that experience, you know, you sit there and I asked Danny, I said, "Are you for this or against it?" If you remember that meeting, he said, "Yeah, it's okay." Okay.

Right. And he was on the design review committee and had already voted to recommend it to city council. That's the story.

Thank you. been in bringing up that meeting. Um, you know, we we we talked a lot about the public hearing after that particular meeting because of some of the the comments that were made that really were not pertinent to to the public hearing themselves. And I know we've spoken to the solicitor about this and that really during that time frame that public hearing time is for the applicant to address council for the public to then come out and speak for for against if you are to put condition reasonable conditions that then would come between the public hearing. You would work with really with Cooper and the applicant between the public hearing and when you take the vote. So, not to say that you couldn't ask questions around, you know, the development, but imposing anything that is irrelevant or not pertinent.

Thank you. That's what I was saying. After the fact, it's almost like, yeah, what do you think? Slap Scott for his new hotel. We're not going to turn that down. He got the money from the state, so he's going. It's, you know, it's going to happen. That's different. totally different and unique than apartments which I you know even if we had condos there at least we had real ownership I worry about the future I won't be around they'll be dead by the time the 10year lura wipes out on those apartments

and we're going to talk in the comprehensive plan part about zoning updates and so I think if you're seeing things that you don't like you know whether it's numbers you know size of developments or use you you can update that's within your purview is to to change the zoning ordinance. And so I think that we should have that conversation when it comes time because maybe there's changes to make. Jackie, I want to confirm they're not going to vote. So after the day of the hearing, they're not voting that night. Correct. So they have time. Great. So they hear and then they there's work to do. Great. and there's two votes and so they'll hear and then if if if you do want to impose reasonable conditions that's when you and we we did this a little bit with with the um the apartments

for the for the last waterfront conditional hearing um you know you would then ask the questions and we we could you could directly ask those questions to the applicant or you could work through Cooper to have Cooper um ask them to the architect or to the owner. Um but yes right. How do those get tracked and then relayed? So if if if we as council counselors are independently going out and asking how is that information then coming back like is it so if we're what what I'm worried is if like if we all are going out uh and then that information not be coming back to you and then those accommodations maybe not showing up into fruition.

Is there a better process in which we can implement? So if we're asking then like making sure it's inevitably getting back to you so that could still be be in the application or not the applica but like before we go into the vote. I think that's a good question is are you collective can we somehow collectively ask some of these questions and you did that before I mean I think you you wrote us you wrote us an email with with many of questions that you had on that development and then we got back to you on that and I think the solicitor also spoke to to many of the council members but that's a good question of do you want to be do you want to make it collect a collective approach do you want to have a discussion around is this a um an allowable conditional use or is it something that's a bit more on the the side of of legality or you know that

I think it should definitely go through the at the attorney should be looped in um because I think that's where we ran into last time. A lot of the questions that we had or things that we wanted to see weren't necessarily not Yeah, they were legal. They weren't legal. Yeah. So I would imagine you could have a discussion, you know, at some point at the end of the hearing, I would imagine to just talk amongst ourselves or perhaps before the next before the first vote in that caucus, perhaps you someone could have collected and make the recommendations. The solicitor can be there and and we can do that back and forth. Um, but I I would agree you need time amongst yourselves to direct us because we don't want all over the place. We would need you to collectively tell us,

which might be a nice thing if we got just a little piece of paper saying when we have this public hearing, you're you're going to hear these concerns or those concerns and lay them out for us so we can all see them and then instead of being deluded at the last minute to make a decision, we're just going to say, "Oh, we'll go with it." But at least we'll know what we're coming up against when when we sit down. And you'll have the comments from the design and from planning, right? So, you could provide those to council written in addition to you reading them. Yes, I do send the memos. Great. They're sent. Great.

Um, and the last one on this slide that's very important is the decision of city council can be appealed by the applicant. And it says on the other side of that paper that the application must be granted if it complies with the zoning ordinance unless there's a very serious concern about a detriment to the public health, safety, or welfare. And it you have to really be able to back that up with data. It can't just be I think this might result in more traffic and accidents. You have to have something to show because the applicant could appeal it. Um and then for community input, like I said, design review committee and planning commission meetings, those are public meetings in accordance with the Sunshine Act. Um the public correspondence, we accept either physical mail or electronic mail. Um, we have a section on every agenda for public comment and correspondence. People could write in at any time about any project. Um, projects under review are made available for public viewing. We have them upstairs in our office and we're also posting them on the website. Um, just last week somebody came in to look at the Marriott plans with me and we sat down and walked through them and talked about what it was. Um, we encourage, although at the moment we can't require applicants to meet with neighborhood groups, but

what happened to the map? Oh, that's later. No, this map. Yeah, that's on Oh, sorry. That's later. Sorry. Sorry. Is we can't u we can encourage what we can't require. Is that correct? Due to an ordinance. Is that due to Okay.

Yeah. There's nothing in our ordinances that requires a developer to meet with the neighborhood group. Um although it is one of our policies with the recent amendments to the salo that we will include established neighborhood groups um when a project is taking place within their footprint and in our application which we'll show you in a bit there's a a question right on there that makes the applicant say either yes this is in a neighborhood group or no it's not and it tells them which one and that will notify us to start involving the neighborhood group. sit there over the whole time. And then of course there's public hearings before city council. Um the public notice is posted at the site for one week. Um this is a picture of the one that went up just this morning uh at the site of the new or the proposed new hotel on the Bayfront. Um it's hard to see in this picture, but the the little piece of paper there just gives the time and the date of the public hearing and what it's for. Um so anybody walking by can see it. Legal advertisement is um published through the clerk's office two weeks in advance as required. And then as a courtesy, we also send out mailed notice to neighboring properties um within 500 feet of the site to make sure everybody's aware of it. And again, established neighborhood groups are notified if it's within their their footprint just by default, no matter what. Public viewing, like I said, people can come in and view the the drawings in person. Um they can stop by and look over the plans. But I do think it's important to say that we will never speak on behalf of the project. We won't speak for the developer. We can't tell them what their intent is, but we can show them the drawings and answer any questions they have about the process and what's on the paper. Um, and we would never advise anybody on how to vote, of course. Um, we're also posting them online on the website. So, any project that's currently under review, the two that we have scheduled public hearings for, are on there now. Anybody could view them at any time. And then this is just a picture I put in there of where they are on the planning

commission page about halfway down if anybody asks you. There's a site a little section called projects under review and they can access the drawings right there. You were going to mention something about next week's hearing. I don't know if you would want to do that right now. Yeah, probably. Um, we're hearing a lot of chatter about next week's public hearing and I think we're expecting quite a few people to show up and discuss the the proposed hotel. Now, do they still have five minutes or can you cut it to three minutes or that's a city council rule I'm not familiar with? Yeah, I don't looking at the solicitor. Yeah,

this is where it's a public hearing. So they're only supposed to come up and talk about the project, right? They're not supposed to deviate into some other subject. So if one of them starts to talk about the sky blue or whatever, whoever's presiding should say, you know, excuse me, if that's not on topic, let's stay on top. They want to speak a second time during public comment, other things. That's what public comments. What we're going to get at that meeting is a lot of people, now you know who I'm talking about. uh last uh hotel Scott put down there, he did not do all the things that he promised to do. Sure. That's why we're gonna fill this room.

Yeah. And and I think I really appreciate, you know, you saying that, Ed, but Cooper saying it out loud. And I think that's why we wanted to do this with you because we don't want you to be caught off guard. We want you to feel empowered and educated and know like how you can handle that because we do anticipate it. And that's why we want to just help you, give you as much information as we can so that when you're sitting there listening to all of that, you really, you know, you can deal with it and you you have the information. So,

and some of the questions at the previous meeting with with the doll campers, it was did it go through zoning? Yes, absolutely. It starts in zoning. Did we do engagement? You just saw the process that is required per the sunshine act and a courtesy that we do to the community to notify and make sure that they the community is aware especially in the surrounding and adjacent um properties that they're aware of the public hearing. So there was some question from council members last time is did we do these due diligence and that's the importance of showing you what goes on behind the scenes before it gets to council for the public hearing. Sorry.

And that's that's the end of the waterfront conditional section. I don't know if there are any questions before we get into Seldo.

Yeah, I but I can't even get into but I think it's more of like I to I will have to deep dive into that a little bit more and I think those will just be like more offline kind of stuff that we can come back with. One thing I do want to mention Oh, I'm sorry. Oh, can you come to the mic? Sorry. Sorry, just so that online can hear as well. Yeah,

I think actually what would be really helpful for council. So, next week it's a public hearing, but it's a it's specifically for a conditional use on the waterfront. So, it's very close or almost exactly what the zoning hearing board would do on a specific piece of property in the rest of the city. So, what I would encourage you guys to do or maybe planning could provide it is look at section 305 of the zoning code which specifically goes over conditional uses. Um, then go over section also 306 which outlines um stuff that needs to be included on the waterfront. It talks about the harmony. It talks about this the um

the screening and all sorts of other things. And I think and if you go through those two sections, they're quite lengthy, but if you go over them, you'll get be able to get um in mind what you're supposed to be looking for. And then when you see the actual plan of the developer, you'll be able to maybe compare that because if they don't have screening, then they need to include it because it's in our ordinance. And that might be helpful for you guys to prep for next week and help your questions kind of be more pointed and maybe be more effective is my question. That's all I would say. That's my suggestion.

Thank you. And that is precisely what the design review committee does is that they don't put any reasonable conditions. They can, but their their job is advisory is to say, have you met all of the things in section 306? And if you haven't, then you need to adjust your your development plans and we will approve it and allow it to go to planning commission. If they do that then it goes to planning commission and planning commission says okay you have satisfied what's in the code and then now it goes to council where council has more of the role or influence is that you then can put those conable conditions on um where I struggle um is that the language is vague

it's um it's not gray but it's vague so it's a bit subjective Um and we we talk often about how do we improve h how can not not necessarily improve but what other sort of um regulations maybe design regulations or um other other regulations could we um impose in this area that's so important um that would allow us more or allow for more boundaries or um shaping of that area. So, you can do it through zoning ordinance. You could do it through a historic historic district with design regulations. Um an over this is already an overlay district. You you could, you know, build up that this um this code 306 to have more regulatory language. And when I mean regulatory, obviously it has to be somewhat flexible. We're not going to impose exact materials on things, but you could have suggestions for those materials and have a list of materials that a developer would have to um would have to pick from. You could impose bird safe glass, which you may you may hear that next week because the Scots Hotel does have a lot of glass on it. We've we've read some comments online that talk about that. other cities do impose that um to have that type of safety measure when they build um have land developments. So or or buildings construction. I don't know if you want to speak to any more of that.

Um yeah, the when we're talking about materials, I think that's a good point. The submission to the design review committee, they have to submit a packet of the materials that they're proposing for the building and they they say, you know, we want to use orange brick. We're going to have this kind of glass. There's going to be metal trim. The lighting is lighting fixtures are going to look like this. Anything that's visible from the exterior. And where it gets a little bit tricky maybe for the design review committee is that they have to look at that and then look at the language and determine if that has unity of character and design. Yes. If it achieves harmony.

And so that's where I think maybe the weak point is because they have to uphold something that isn't really measurable or defined. But again, all of that can be changed by council if council so wishes at some point. These are amendments that you can make. And I do want to say again, I've said this, I think, to all of you. You know, I think there's some of this concern is around the what and how it's built and that. And then I think there's a larger concern about the public's the public's ability to determine what that waterfront and bayfront look like. And I think that's where now we're starting to feel the tension. And so, as I've shared with all of you, you know, and I'm I'm kind of pressing my partners because there is a plan in the works to do a master plan for the waterfront that would be communitydriven and have community input. It hasn't been announced yet. It hasn't been launched. I wish it had because I think it would satisfy some of the concerns we're going to hear. Um, but in the meantime, all I can say to you is that's coming. We had these two projects, the Scott Hotel and the Market House. To your point, Mr. Bzinski, they're very far along in the process. It'd be very difficult to pull them back. I'm not saying impossible, but difficult. But moving forward, moving forward with the rest of the Bayfront, we need to have a community-driven master plan. And so, I think I hope that once we get through this, once you understand the process, once you hear from us the places you could make changes, and once this community-driven process starts, I think hopefully moving forward, we'll find that there's less tension because the public will feel heard. That's my hope. Community access is one of the biggest biggest features of everything. That's what he come in with things that the Hampton didn't do. They promised to do. I don't know if you could put punitive damages on it or not. You know, within 60 days of the your finished hotel, you either fix this or we charge you $500 a day until you fix it.

Make sure it gets done. I'm just floating things up. Y Mhm. Because after after he's got his money and after he's got his hotel, just leave the last one. What's the enforcement if they don't abide by the conditional uses? If they don't abide by the conditional I'm sorry, if they don't abide by the conditions the council puts on them, if they're reasonable conditions, if they don't if they don't abide, then then they wouldn't I But what if they're done? To Mr. Bzinsk's point, what if they're done and they haven't? Is there an enforcement action? I don't I don't know if um they would get building permits. Uhhuh. So it would have to be reflected in the plans because it's not it's not after they're not going to add community access until they finish the hotel. But but those would have to be in the plans.

You have to go through waterfront conditional use before and then now after that then they're going to go through land development and if they what we're questioning is what happens if he doesn't do it and we don't have an answer for that yet, right? He doesn't Well, we wouldn't issue the building permit if they don't get the conditional use approved. But I think I think the question is if they're done, they already have they're already done. Up done. That could be one of the updates I think that we should absolutely be reviewing. We can look into that. Yeah, we can give a more specific answer, but there's I'm sure something about asbuilt plans that the city receives when a project is done to expect that it was done. Well, that's Yeah.

Yeah. We we one of the amendments we made in the SAO was to receive asbuilts and we we were not we did not we did not require that previously. And so when we went through the amendment chains chain in October, that's a requirement to receive those. But in terms of enforcement that closing that I think what you might be talking about, and I don't want to speak for you, but like the green space that was supposed to be put down there. Yeah. And that hasn't been done. Is there any repercussions for

And I think we need to look into that. I mean I am wondering though with cos like if cos would not be certificates of occupancy would not be issued if they it wasn't built a plan and if the green space was in the plan and it wasn't made then perhaps there could have been an opportunity to not issue the certificate of occupancy. So maybe there's some tightening up. We can get some clarification. But I would think that would be the place. And that's where I would kept and and I kept saying that, but that's what I meant is like I don't think you'd get the your permits that you that you needed or required. But you will see the paper. You'll see it's done, right? But what they have,

you'll see that green space percentage at next week's meeting as well. Um they lay that out and show the calculations and all of that. And I think if I remember correct correctly the history of the previous hotel there was green space but then they built the um the church um no the um beer garden. The beer garden. Yes. And so that then became right. So it was orig in the original plans and then the beer garden popped up. Yeah. So probably should move along to salo because I know you have a lot.

Okay. So the subdivision land development ordinance, the salo, dictates how land in the city is divided or developed. Um it ensures project coordination across multiple departments within the city but also external partners um like the Erie County Planning Department. And so a distinction, the zoning ordinance governs what can go where and how it sits on the site, how far back from the street it has to be. The salo focuses on how land is planned and built out and what actually ends up on the site. So, we did some amendments last fall, some of you may remember, um, that brought us into compliance with state level laws and regulations such as the MPC. Um, and then this is the next handout, and this is a little graphic that I made that explains the main functions of the Aldo, um, which are protecting public health, safety, and welfare. We've gone back to that several times. That's the topmost priority. ensuring roads and storm water facilities, making sure that every site has access to it and the um infrastructure that it needs, protecting from natural hazards by planning ahead and making sure that land is developed responsibly. Um establishing orderly land layouts, making sure that our city is regulated and we know where everything is and where it's going. Protecting groundwater. A major part of the Salo review process is storm water involving the engineer department, our engineering bureau. It's um providing opportunity for public input, which is what some of our amendments last year focused on um and ensuring that there are steps along the way for the public to get involved. It in it establishes reasonable design standards. That's where we lay out how everything has to look, what it has to conform to, and it also guarantees that public improvements are constructed as needed. So, we know when a project is coming, we'll know what sort of sewage outflow they're going to need, waste management, all that kind of stuff is involved in this elder review. And then very quickly we'll talk about subdivisions and land developments which is the salo. Um subdivisions are

dividing existing lots or moving lot lines generally. Um so you can see the green graphic on the left taking one lot subdividing it into two. On the right with the blue taking two existing lots and moving a lot line. We see these ones pretty frequently. If somebody wants to give their neighbor a bigger piece of their backyard that they're not using, that's a subdivision to move that line. Um, there are really specific cases like roadway dedications. Um, maybe you've heard about one that's coming on Front Street as part of that PEDOT project, the new road down there. Um, although it's a roadway dedication, the city reviews it as a subdivision. Land developments are constructions of new buildings or improvement for any purpose um either all at once or in phases including non-residential construction. There are a couple of specific exceptions like we don't need to review single family housing. If we were reviewing every single family house, we wouldn't have time to do anything else. Um accessory buildings on a lot containing the primary building. If you had a grocery store and we're thinking about putting up a greenhouse to grow something on the lot, we don't need to review that. or rides or facilities at an amusement park. We don't have any amusement parks within the city limits, but that's an exception in the MPC. So, the process, like I said, involves multiple departments and agencies, internal and external. But the first step is always zoning review. When something comes in, it goes to zoning. If it doesn't comply, it stops right there. It doesn't go any further than that until it meets the requirements in the zoning ordinance. All of the procedures are laid out in the salo in that ordinance. Um, and I've made a bunch of flowcharts and checklists and various other graphics. Um, there's a couple more in the packet still to come for accessibility and making sure that everybody has the information um, in a way that they can understand probably better than the ordinance text.

What's the minimum frontage you have to have to build a house on a residential property in the city? That give you a little history. Used to be 50t back in the 70s. They had that FHA 245 program and we sold a lot of 35 lots. My concern is all these people there two guys from Boston that came in here and bought 21 of our $250 lots. Mhm. I don't I didn't school all those lots to see,

but I don't think they even make the 35 foot and a lot of them are small. But I I I can't find before it was 50 feet or 35 ft in the city like I said and then it was so much frontage like up in Glenwood you've got to put 1600 square foot house so you have to have so many square feet of property that will school that that 16 uh 100 square foot house with the total amount But remember coverage here. I don't I don't know it off the head. We'll find out and get back to

be like 60% going to go over under it. Yeah. But it's concerned because a lot of people came in here and bought a lot of those lots and uh I think we're protected. We can't even have manufactured manufactured homes in this city right now, right? Which is good and bad. Manufactured homes are pretty nice. Yeah. Yeah. That would vary by zone and we can we can ask the zoning office. Yeah. And get back to you on that one.

Um, so we will walk through the process quickly on this first flowchart. The minor subdivision or land development. The major is pretty much the same except major goes through it twice. Um, but optional but encouraged. At the top we have a pre-application meeting similar to waterfront conditional use. We gather everybody together, make sure we're all working from the same information and meeting the the applicant. And then we offer a site inspection where we send a zoning officer and an engineer out to the site and they walk the site with a developer and talk about what earth is going to be moved and get a sense of the project. And then we offer a sketch plan submission and presentation which is an informal presentation to the planning commission where they can make the commission aware of the project and get some non-binding feedback from the commission on what they might be looking for going forward before it's approved. um for a minor subdivision and a minor is anything less than 5,000 square feet or five lots for a residential project. It just goes right to a final plan submission. So they send us in the plan. They go through our new online application and pay the fee. Once I get it, I do a review to make sure that everything that's required is in there. And then I send it to the city engineer and the county planning department. Um and they have 30 days to do their reviews. When we get that back, we put it on agenda for the planning commission and the planning commission will have one of their public meetings um once a month and they will make a decision on whether or not to approve the subdivision or land development and that's the final approval. Um

do we have a frontage or don't we have that anymore? There is a requirement. Yes. What is it?

I don't know the number off the top of my head. Yeah. But we can ask the zoning office. That would be in their ordinance. Um, once the project is approved, the applicant records it with the county recorder of deeds. And if it's a residential project with more than 25 units, I send a notice to the school district and just inform them that there's an increase in residential capacity and maybe they'll have more students. Um and then the next flowchart, the major subdivision or land development is identical except for the fact that a major subdivision or land development over 5,000 square feet uh first submits a preliminary plan and goes through the whole review process, gets approval from planning commission, then they address any comments and submit a final plan and do it again. So for a major, there's two opportunities for the planning commission, for the public, and for staff to review the project. Just want to say one more time as Cooper's doing this. Well, two things. First, I don't think we can state enough how important it is that when projects are going, they're starting at zoning. We're running into some issues where people aren't aware that that's the first step. They've moved along in the process. Now, they didn't know they needed a variance. They didn't know that they had a change of use and, you know, it's upsetting to them and they've put money. So, we just we're trying to get the word out as much as possible. In fact, I sent out an email to like our small business partners. anybody who's counseling business development, please please make sure that your folks are going to zoning first. And the second thing I want to say is those planning commission meetings, you know, I know Kathy has is there, you know, they're online. I would just encourage you to your point about when are we going to know, that's where all this stuff is happening. And I know you all can't be here, but they are streamed. And so if you're ever curious, it's a good place to just kind of see this process that Cooper's talking about because there is a lot of back and forth with the developers and I've seen that, you know, so I just I encourage you to the extent you can to to watch

just a heads up too of other it's a nice heads up of of what's going to soon be in front of us as well. And we have the plans posted also on our website on the city's website and the planning commission's website. Um, city council's role in the land development process is less than in the waterfront conditional use because the approving body for subdivisions land developments stops at planning commission. Um, but like we've said, appointments to the planning commission are made by the mayor and confirmed by city council. So, there's um an opportunity there just to make sure that everybody's qualified and shares the same objectives. And in fact, we have one on your agenda for next week just if you want to look for it.

Thank you. Um, amendments, excuse me, amendments to the salo and other ordinances are ultimately approved by city council as well, which we did last fall, if you remember, and city council can suggest amendments to ordinances for us to look into and prepare language and do the research. Um, and that's we can be a resource there. Um if there's concerns about parking, you could say to us, you know, we would like you to investigate solutions to parking um in the ordinances and then we would prepare an ordinance and bring it back to you. Um community input. This is the map that I think you were looking for. Yeah. Um planning commission meetings also public in accordance with the sunshine act. Public correspondence again we accept by electronic or physical mail. Plans under review are posted for public viewing. Applicants are strongly encouraged to meet with neighborhood groups and established neighborhood groups are included by the city where appropriate. And this is the map that's in our application that we've put together of the established neighborhood groups in the city. We vetted it through these organizations and made sure all the boundaries were correct and we had contact information for all of them. And in the application when someone submits and it will let them know you are in the central city neighborhood watch and we will contact the central city neighborhood watch and make sure that they're aware of the project, encourage them to meet with the developers and invite them to any pre-application meetings or planning commission meetings that we're having. And again, I think it's the same slide as before. We have the plans available upstairs. You can view them online um on the website. I think you're gonna do this. Yeah,

we establish relevant policies and procedures for SALDO. Um, one of them is that we are not accepting a combined preliminary or final application. So, in some m municipalities um based upon uh some criteria, you you could potentially do a combination of the the preliminary and final. At this point, we are not accepting that because this is our new a new process. We're vetting through it. Maybe at some point we could change that if it's going to work for the city, but at at this point we're not giving any exceptions. The city can refuse a plan if it doesn't meet all requirements and reasons will be communicated to applicant. Fees Oh, I'm sorry. Which one is it? This one.

Here we go. Fees are not returned for plans. Uh fees are not returned for plans rejected by the planning commission. Zoning approval must be obtained before an application is submitted like we discussed. And we're actually even looking into pot possibly um having a zoning permit where um before you go through even um waterfront conditional use or the land or salo or before or you would have to have a a permit a zoning permit to um apply for an actual building permit. So, that's something else that we're looking into, too, to solve some of these issues that are coming through um that the mayor was talking about. Uh additional approvals such as conditional use must be obtained prior to the submission of a subdivision or land development plan. Also, if you do have a variance, you have to go if you have a a need for a variance, you'd have to go through zoning hearing board or uh or historic review commission if it's a locally designated uh historic landmark. City sign city signs drawings last, ensuring final authority over projects within the city limits. After we went through the amendments of the SADO and they were approved by by you all, um we felt that it was important to pull together the um the the the subset of of people that actually do the work, the architects, the surveyors, the developers and other related professionals into anformational session that we held in I think it was January. Um yes, because the mayor was there also. Um we had over a hundred 100 attendees. It was a virtual session. Um we presented on uh the salo primarily on the pro the new process, the new

amendments. Um this is this was all ve very familiar to most of them because our surrounding municipalities have this similar process because they have a municipal planning code that they all have to comply with. So, we are now in compliance with all of our state regulations and we also have a um very transparent and public process. Um and we have uh a clear and transparent process internally where we are providing help to the developers. So, it was a I thought it was a successful presentation. Um we got a lot of good feedback. that group would like to continue to meet and to hear from the city on different updates particularly that what pertains to their work. So engineering updates, permitting updates, zoning updates, those types of things. I'm sorry I didn't click through. I can't talk and click. Okay.

Okay. Um, and I really just quickly wanted to show a couple of resources that we've made to make this whole process easier for everybody. Um, we've done some extensive work. Um, I'll have to put it, but um, we have done some extensive work on the Salvos web page. So, everything you've seen here today, the actual ordinance, the fee schedule, everything you could need to know about the salvo process is on the web page. There's a search bar. about storm water. You type in storm water, everything about storm water comes up and then this is just a little image of our new application. It's very user friendly. It prompts you to answer some questions. Um all of the information that we need to know and then on the back end that's what I use to track these projects as we move through the process. Um it will automatically tell us when the 30-day time period is up. It'll tell us when the 90-day time period is up. and we can track when planning commission approved it when we received everything and it's been a game changer to have that in place. I hate to interrupt again. I'm going to I come to you. I'm going to do a development. Uh how do I know what the frontage should be for each of the loss in my development unless you know what that frontage is supposed to be?

You had to go to zoning first, right? Okay. You would have started in zoning, too, right? Well, I mean, when we plan it, nobody knows what it's supposed to be. We We'll get that to you. I'm You know, I think planning and the mayor, right? So, you're right. We we don't have that off the top of our heads easy. We'll make sure we get it to you. But that's our point about going to zoning first because zoning would be able to say right out of the gate, no or yes, that's going to work. But we will get you those numbers. I tomorrow. It's probably 30. Yes. Varies, right? The first question I would ask you is, have you talked to the zoning office? And then you would say yes, they they approved. And then we'll know that it complies with the zoning. Amy does a real nice job up there. She does. Yeah. Worked with her.

Is the is the I just want to commend you on this on the on the website here. I think that this what is compiled under the the Salo resources is is exceptional. I I really do think that this is become such um it's so much more user friendly because this is just the process in and of itself is going to be very prohibitive to a lot of people just because it's so much to get through. So taking these extra steps I'm I'm very grateful. This is going to make this much more accessible especially to small business owners. Um and yeah, so so thank you. Yeah, thank you. Yeah, there's and there's not only our resources, but we've also linked to external things because you'll need to address flood plane issues for storm water and all of that is also linked under.

Yeah, I'd love to see something similar like with with zoning, but I know that's that's a lot. So, but thank you. Yeah, it's been six months on that one.

Yeah. Um and then we'll talk about just some upcoming amendments that we're thinking about for the Salo and we're preparing because eventually they will come before city council. Um traffic impact studies. This one came out of the engineering bureau. Um, and a traffic impact study would require a developer to um, maybe if they exceed a certain threshold. We're working that out, but they would have to do a study that tells them what sort of impact this is going to have on the surrounding traffic and on congestion on peak hour trips, how it's going to affect commuting in the city. Um, and we could require that maybe I think what we're thinking is we we'll tie it to the high injury network that came out of our safe streets for all vision zero plan. Um so any project along there would have to complete one of these traffic impact studies. Parking demand studies um parking is in the zoning ordinance but a lot of municipalities also include it in the land development process. Um which could help to alleviate over parking issues that we have. Um our zoning ordinance requires quite a few parking spaces. Um you'll see that next week at the public. How would you if if if we're going to be doing amendments to this around the zoning, those are going to be in tandem so that we're not having two ordinances that are

Yes, we would do them in tandem. Okay. But we could change the salo just to include parking considerations in the process without changing without conflicting with zoning ordinance. Okay. I think we could do that with those two that are going up for us. That's too late. Yeah. Yeah.

Um but we could incorporate both on street and off streetet parking. additions to existing buildings. This is a policy that we already have in place, but we're going to formalize it as an amendment that any building addition over 5,000 ft, we won't need to review. We won't have to put somebody through the monthslong process if they're adding an elevator shaft. It just wouldn't make sense. Um, and then community input. We really want to solidify ways that would require developers to meet with community groups, with neighbors early on in the process before it even gets to planning commission. to make sure that that's happening and we want to find a solution. Of course, it's not ownorous on a developer, but make sure that the public has an opportunity to be involved from the earliest stages. Any questions on Seldo?

It's 30 ft of frontage. Just Googled it while we were sitting here. It's in the ordinance. 30 ft of frontage for residential. That's what it says right here. I I'm going to screenshot it and send it to you. They sneak that one in. It's says it right here. I mean, he dropped 35 in 1977 something. I'm going to send you the screenshot and we'll send you the link tonight. Yep. Is that one of those Nelson changes when he did all those things? Pres. I have no idea. That one will require me to do some diving on on the numbers. I feet. I mean,

um then we'll move on and talk quickly about the planning commission. Um, like we've said, the planning commission approves subdivision land developments. It's a five-member commission. Two of the members have to be licensed architects or planners. The planning commission also considers or approves blighted properties, resonings, historic nominations, planning efforts, ordinance changes. Um, and they uphold every plan that the city has adopted, notably area focused, which is our comprehensive plan, but also any neighborhood plans that have been adopted formally by the city. And it's the only agency at the city really that's tasked with thinking about the future. Everybody else is reacting to things that are happening and making decisions in the moment. The planning commission is thinking about how we get to the goals in the comprehensive plan and thinking about the future. So comprehensive plan um our comprehensive plan was written what we consider our comprehensive plan ER refocus was written in um or adopted in 2016. So this year it's 10 years old and per the municipal planning code um if you have a comprehensible plan you have to update it every 10 years. Um so we are in the process right now um of applying for a state grant through DE DEC called a MAP grant municipal assistance planning grant um to write a comprehensive plan um for the city of Erie. Um and this this comprehensive plan um we've we talk a lot about I know I hear a lot of times you know we're going to write another plan and we're going to put it on the shelf. Um the state has really made it a point that they want to see grant applications that are actionable, implementable plans, value added plans. Um, and I know the

mayor, this is very much u discussions that I've had with the mayor, um, that that you've had with the state, um, that this is not going to be a plan that's unattainable, that it's going to be something that we can do after it's complete and change regulation, change policy, and and make sure that it's actionable. Um also this informs um I'm clicking this informs uh the the comprehensive plan then really informs how the regulatory change uh the regulatory components change. So if we want to see more commercial neighborhood in a certain area, which right now we don't even have commercial neighborhood in our zoning ordinance, then you would write in the code areas that would be zoned for that particular land use. Same with SAO. SAO SAO is a very technical ordinance. Yes, it has all these planning aspects and it it has in terms of processes and looking making sure that the adopted plans are upheld, but it also has a very technical engineering side of it and we would be we would be rewriting that of course with engineering with public works and and that's when things will again be reviewed in terms of storm water potentially landscaping on imperous surfaces. I mean, all of that can be uh again part of that subdivision and land devel. It's it's the controls that the city has for how land development occurs within our community.

I would encourage to make sure like this is one of those areas where I push in and I'm not I'm not insinuating that you weren't going to do this, but to make sure that it's not just engineers um so that we have really strong community input on just

because sometimes it gets lost, right? No, that's a that's a very good point. Both of those comprehensive plan and a a zoning and salo rewrite have a engagement component. Absolutely. Because we're we're not we don't know what the community wants. We we need to understand what the community needs are, the priorities. I mean, we have an idea because we have a a 2016 plan that was written with needs and priorities of the city. many of which have not changed, but some have changed. And so we need to very much so have that piece put into um both those planning processes.

And I would say to Jackie's point, the state has also encouraged us and and said we're on the right track because we're doing the stamp plan. That's the grant that is getting us the work with PFM because we're doing that now. They are encouraging us to take the recommendations, the financial recommendations, and work them into the comprehensive plan. So that all lines up and it tells us as a city how we need to operate in order to get where we want to go alto together and how the comprehensive plan. So they kind of have said to us, you're doing this in exactly the right cadence. And to your point, when we go out for a consultant to help us with that comp plan, we'll be able to tell them what we're looking for and and how we want to do it.

Yeah. I think one of the biggest frustrations we've seen um as council uh and what we hear when we when individuals come in is the plans are kind of handed to us, but they're not made with, right? And then they're not lined up with the budget. And so it's like wishful thinking and so then we we don't see things come to fruition and the community voices are never upheld and so there's this frustration cycle. So I'm grateful. Um and I didn't mean to insinuate that that's not what was happening but just so that I guess on the study session record that we're making sure. Yeah. Thank you.

Thank you. So we put this slide up here because one it's our sort of north star I think for not just for the administration but this is where uh the planning department and the comprehensive plan hold this this these these um buckets or the this these priorities. And so out of the mayor's transition report, you see housing and neighborhood stability, economic growth and strategic investment, infrastructure and capital alignment, parks, open space, quality of life, transparency, and government effectiveness. There's many more things that will go into the comprehensive plan. I mean, historic preservation, environmental stewardship and conservation, but um the mayor speaks to all of that and the that will be upheld within the comprehensive plan and it almost almost naturally fit as a path from the transition report to applying for grant funds to write the comprehensive plan. So, um, we just we just put that in as a, um, as a leeway or alignment. And then just wrapping it up, the planning commission's role in all of this is they translate the strategic goals from the comprehensive plan and from the transition plan into actionable things like land use policy, subdivision standards, and development review. And our consultant's favorite phrase is rubber hits the road. And the the where the rubber hits the road with a lot of these is at the planning commission and they're enforcing the regulations and they're making sure that everything is compliant with a comprehensive plan. So without alignment from the planning commission, all of the goals remain aspirational rather than implementable. Just for council's awareness, we um next month, I think in April, we're going to do an authorities, boards, and

commission uh present study session so we can really kind of see like, okay, so what is the training that the planning commission is getting to be able to uphold this and we can start to dive in a little bit more to make sure that our values are aligned with everything we just talked about here. Um because there's been changes in in that process as well of just how are we getting applicants, mapping out where are the applicants all from on these boards and commissions. So are they aligning with the community? We have good diversity on there. So, next month we'll kind of get a deeper dive into like the next step, I guess, into this as well too. And Cooper did include in your handout for your reference the list of planning commission members and design review committee. We thought you probably want to know who those folks are, how they've been appointed and when their term end. So, that list is also in the packet at your place.

Yeah. And the only one that we didn't really touch on was just for for your awareness. It's the checklist that developers use and that I use um that I made as part of these amendments. So when they're preparing an application, they can see everything they need and when I get an application, I can just go down and check off everything is included. Questions? Any questions for council? Thank you. Thank you. Yeah, thank you. This is very informative and very appreciate. So, thank you all. Thank you all. So, we have a couple things to get back to you and we'll do that certainly. send you all the zoning so you can see that and then

well I'll send it to you and we can if if you all need anything more from us in advance of next week's hearing please just let us know. So what I'll commit then to for all the counselors is I'll go through ecode and I'll pull 305306 the plans and I'll email it out to all of us so we have it there. Um we're also I mean next week just so we know as councils is a it's a heavy meeting. We've got two public hearings because of timelines. We've got the DCED stuff that I'll get out to everybody and then this. But I'm sorry. I just wanted to let you know Deb was wrong on her timeline. We have a little time so we're going to hold that till April 1st so you don't have to deal with that. That's one less thing for you. Okay,

great. Actually, that's really wonderful news. So, thank you. I do have a quick question for planning and I don't even know if you know the answer but um that subdivision that um I think Vendetti wanted is that progressing at all? He called me. He's he's called my office a couple times and you know I I was aware of it. You know I had spoken with him when I was campaigning and so I asked Margie to call him back and ask him what he needs from us and he basically said he he needs funding. So, I'm not sure that it's progressing. I think he's waiting for some assistance or to find out if there's some support for him to do the work. I think he has the plans, but to my knowledge, it's not moving forward unless he can figure out his capital stack.

It was Yeah, it was my understanding as well. We don't have an application for it, but he has discussed it with us. Thank you. Thank you. Thank you. Heat. Heat.