were generally the result of there being some confusion on what provisions were
really being amended versus being restated or moved. Commissioner Loe sought
greater clarification on the actual direction provided to the Commission from the
Council with the remand. Mr. Smith noted there really were only three topics
raised during the Council meeting - signs facing R-1 & R-2 districts, consideration of
Crime Prevention Through Environmental Design (CPTED) policy resolution
compliance stemming from the porte-cochere requirement), and the need
additional Neighborhood Association (NA) involvement.
There was general discussion of the content of the remand and there was concern
expressed that no specific changes to the actual provisions of the amendment were
asked to be examined. Several Commission expressed frustration that the
comments offered by the CBOR were not provided to them at the Commission’s
public hearing. Mr. Zenner noted that it was not uncommon that Council was
provided correspondence and public comments following the Commission’s review
process. He noted that this is often strategic and seen as an “end-run” by those
opposed to regulatory changes given the Council has final say on such matters. The
Commission acknowledged they understood this fact; however, stated it did not
follow established procedures for providing comment.
Mr. Zenner stated he understood the Commission frustration, but this type of tactic
is something that occurs frequently and given the Council’s authority relating to
legislation, the remand is providing the Commission an opportunity to respond to
the comments now. The alternative, should the item not have been remanded,
would have been to have had Council deal with the amendment with no additional
comment from the Commission.
Mr. Zenner caution the Commission that not considering the concerns expressed by
the CBOR as well as others during the Council hearing may create a situation similar
to that which occurred within the first STR ordinance review process whereby the
PZC submitted its version, the Council requested 14 amendments, and the
Commission recommended denial of the Council amended ordinance. This
response ultimately failed to produce any text change hence the reason for the
second STR attempt that was just presented.
There was general Commission discussion on what, if any, amendments to what
was presented were necessary. Several Commission expressed that they had
worked diligently on the amendment and many comments raised in the CBOR
letter were given consideration and discarded for various reasons. The majority of
the Commission indicated that they did not feel that changes to the amendment as
presented was necessary.
There was additional discussion on ways to improve communicating the purpose of
the amendment and expressing it was actually an “expansion” of opportunities for
applicants to meet the UDC’s intent. Several Commissioner’s expressed that if the
Council were not happy with the amendment, the UDC provisions relating could be
left as it is currently written requiring applicants to go before the Board of
Adjustment for relief. Commissioner MacMann stated he had explained to several
Council Members what the intent of the amendment was, but was not successful in
making those members understand its benefits.
There was also discussion of more public engagement with Neighborhood
Associations. Several Commissioners expressed a belief this was not likely
necessary and that the focus of communication needed to be on those that had
expressed concern due to potentially not understanding the amendment.
Commissioners offered several recommendations such as using graphics to
illustrate the need for the changes as well as keeping the purpose of the