The Land Use Committee voted to Approve (see Report and watch the NewTV video):
- Request to allow reduced setbacks for a detached accessory apartment at 599 Commonwealth Avenue. According to the Report, the petitioners want to legalize an existing building that was built around 1921. The Committee voted to approve 6-0, Councilor Lucas Abstaining. See Special Permit documents and Draft Council Order.
- Request to further extend a nonconforming side setback, and to allow a dormer greater than 50% of the wall next below, within three feet of the end wall and with an uninterrupted wall plane to add a second bathroom at 66 Allison Street. The Committee voted to approve 7-0. See Special Permit documents and Draft Council Order.
- Request to Request to exceed FAR, to allow an oversized detached accessory apartment, reduced setbacks for the apartment and to allow oversized dormers at 16 Everett Street. According to the report, neighbors spoke in favor of the project. The Committee voted to approve 7-0. See Special Permit documents and Draft Council Order.
- Request to allow for-profit educational use at 84-94 Rowe Street for an Adult Day Health Center. According to the report, the Planning Department recommended adding a requirement to construct an ADA-accessible ramp. It was noted in the report, that there is a proposal for 108 adult clients and 25 staff. Petitioner’s attorney said that this will provide opportunities for seniors that need care during the day but may not need to move into a residential care facility. There was some concern about the potential traffic generated with van trips but the Committee voted to approve 7-0. See Special Permit documents and Draft Council Order.
- Request to amend the site plans associated with Special Permits #480-14(4) and #327-21 and associated relief relative to parking at 283 Melrose Street – former Turtle Lane Playhouse. The request was divided into parts A and B. Part A was approved previously. Parts A and B will be combined into 1 order for the City Council to vote on. The new site plan eliminated the need for outdoor parking within five feet of a residential building, to allow an entrance driveway exceeding 25 feet in width, and to waive bicycle parking requirements. One parking spot was relocated and the dumpster area reduced. The Committee voted to approve 7-0, subject to second call. See Special Permit documents and Draft Council Order.
The Land Use Committee voted No Action Necessary on the following:
- Discussion with Planning, Inspectional Services and Information Technology Departments regarding the new permitting software, requesting periodic updates and discussion regarding process improvements and the benefits of the implementation of the new permitting software. The Committee voted No Action Necessary 6-0, Councilor Downs not voting.
- Request for discussion regarding the OpenGov System on how conditions in Council special permits are followed and/or enforced using OpenGov. City said OpenGov in 2nd year of use and is ‘going well.’ The Committee voted No Action Necessary 6-0, Councilor Downs not voting.
- Discussion with Planning and Special Services departments regarding internal processes for special permit council orders ensuring compliance and how the processes can be improved. Deputy Chief Planner, Alyssa Sandoval, is developing a system of tracking “post occupancy conditions”. The Committee voted No Action Necessary 6-0, Councilor Downs not voting.
- Review and analysis with Planning, Inspectional Services, and Law Departments regarding standard language and special permit council orders for the purpose of improving the language used in special permit council orders, including provisions regarding undergrounding utilities, bicycle storage, construction hours and other construction rules, vibrations, rodent control, electrification, landscaping, and other similar provisions. The Planning and Law Departments created a document to inform which conditions apply to special permits and at which thresholds when compiling a complete Special Permit Council Order (and Comprehensive Permits). The Committee voted No Action Necessary 6-0, Councilor Downs not voting.
- Discussion with the Law and Planning and Development Departments regarding how the City Council currently sets mitigation contributions and fees for special permit projects and the establishment of standards for such contribution and fees for special permit council orders. Infiltration and Inflow (I&I Ordinance) governs mitigation process. According to the report, the City said “Mitigation funding is made available based on a recommendation from the City Engineer for projects with five units or more and whether an abatement of 75% of the I&I funds is appropriate to be redirected towards other mitigation from impacts of the project. Staff will continue to work across departments to identify mitigation projects and with the Land Use Committee as multiunit projects come up.” The Committee voted No Action Necessary 6-0, Councilor Downs not voting.
- Request for discussion with the Planning Department, the Inspectional Services Department, and the Tree Warden regarding the process for creating and enforcing landscape plans (including, but not limited to, trees) in the special permit process and enforcing the zoning code and the tree ordinance in connection with by-right projects. According to the report, the City said that one feature in the NewGov system, is to add Tree Warden Review to review with compliance for Tree Ordinance and issues with species. Without an ordinance or some other type of guidance, the primary responsibility to ensure appropriate plantings fall on the project’s landscape architect. Conditions, drafted by City staff, address landscapting compliance and ongoing maintenance requirements. The Committee voted No Action Necessary 6-0, Councilor Downs not voting.
- Request for amendment to Section 7.3 Special Permit Review of the Zoning Code to require the submission of designs for the placement of underground utility service lines for projects above a certain size. The amendment would require undergrounding of utilities as well as poles along the project’s frontage. According to the report, both Planning and Engineer are concerned with the proposl due to difficulties coordinated with utility companies resulting in a time-consuming and expensive process. The Committee voted No Action Necessary 6-0, Councilor Downs not voting.
- Request for a discussion on how to weigh neighbors’rights vs. developers with regard to complex excavation projects. The City staff believes this docket item is intended to cover vibration mitigation measures, standardized construction management plan and/or how height is measured and potential grade manipulation to offset the dimensional controls of the Zoning Ordinance.” The Vibration Control Ordinance governs both by right and special permit projects. The City anticipated revisiting a Construction Management Plan, if this is docketed in the next Council term. The Committee voted No Action Necessary 6-0, Councilor Downs not voting.
- Discussion with Planning Dept. regarding TRIO’s survey results of its residents about their transportation needs and habits. According to the report, a survey was given that had a low response rate and did not include most of the requested questions (below)
- Demographics of residents, including
- Work from home
- Children
- Resident cars parked at Trio (number, owned or leased)
- Non-car forms of transit used, esp for residents without a car
- Subsidized transit passes from employers
- Bike rack/storage use
- EV charger use
If the item is redocketed, the City will work with Mark Development on a new survey. The Committee voted No Action Necessary 6-0, Councilor Downs not voting.