City Council Business & Community Affairs Committee: Jan 7, 2026 Development Code Discussion
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City Council Business & Community Affairs Committee: Jan 7, 2026 Development Code Discussion
The Wednesday, January 7, 2026, meeting of the City Council Business and Community Affairs Committee, rescheduled from New Year's Day, focused on determining the strategic direction for updating development code Chapters 30 and 36, specifically regarding minimum lot sizes and development standards. Staff presented historical data on Planned Unit Developments (PUDs) and Special Use Developments (SpUDs) over the last 20 years, highlighting variances in setbacks and coverage compared to current code. The committee also reviewed legal constraints regarding enforcement and administrative authority before establishing priorities to guide a new consultant hired to update the code and outlining a timeline for a 24-month revision process involving a technical committee.
Consent Calendar
- No routine approvals or unanimous actions were recorded for this meeting.
Public Comments & Testimony
- No public comments or testimony were delivered during this meeting.
Discussion Items
- Historical Analysis of Development Standards: Ms. Hudson presented data from the last 20 years of PUDs and SpUDs, noting that while current code requires front yard setbacks of 25 feet, side yard setbacks of 5 feet, and rear yard setbacks of 20 feet, past developments have varied significantly (front yards: 0-20 feet; rear yards: 10-30 feet; coverage up to 75-80%).
- Legal and Enforcement Constraints: Beth Muckala (Legal) highlighted three critical issues: (1) The Board of Adjustment (BOA) is charged with enforcing specific numbers; removing these numbers impacts their role; (2) Administrative processes cannot enforce zoning changes without statutory notice and public hearings; and (3) If standards become "recommendation-only," staff must have clear parameters to evaluate applications.
- Strategic Approach and Consultant Role: Staff recommended identifying strategic priorities (lot size, setbacks, street frontage, coverage) rather than drafting specific legalese now. These priorities will be assigned to the consultant (Clarion) to develop the technical standards. The scope covers both residential (including commercial) development and the integration of existing AIM (Area in Motion) goals.
- Technical Committee Formation: The committee discussed forming a Technical Committee composed of subject matter experts rather than general political appointees. The goal is to review the consultant's draft standards during the day to avoid after-hours administrative burdens. The committee structure aims to mirror past efficiency with Public Works' EDC updates.
- Timeline and Process: The update process is expected to take 24 months, with a contract potentially finalized in early March. The process includes: (1) Staff meetings and diagnostic report; (2) Public review of the diagnostic; (3) Full drafting; (4) Technical committee review; (5) Extended public input period on the full draft; and (6) Final revision and adoption.
- Scope of Changes and Existing Neighborhoods: Council members expressed concern that code changes affecting minimum lot sizes or setbacks could alter the character of established neighborhoods (e.g., allowing two units on a single R1 lot). Staff clarified that rezoning or a Special Use permit would still be required for such changes in existing zones, and the changes are primarily intended for new developments where "by-right" options are limited by current minimum lot sizes (e.g., 6,000 sq. ft.).
- Priority Setting: Council Member Brennan proposed establishing priorities where possible, such as removing minimum lot size requirements entirely and converting most standards to recommendations (rather than requirements), with exceptions only for critical access issues like fire, mail, and frontage.
Key Outcomes
- Decision to Utilize a Consultant: The committee directed staff to formally establish strategic priorities and assign them to the consultant (Clarion) to draft the code updates, rather than drafting the code internally first.
- Next Steps - Administrative Process Over Resolution: The committee decided to establish priorities through an administrative system to ensure continuity across council terms, rather than passing a formal resolution, though a resolution remains an option.
- Timeline Confirmation: The overall code update process is scheduled for 24 months, with the contract to Clarion targeted for finalization in early March 2026, and the Technical Committee expected to be convened in late spring or early summer.
- Stop-Gap Measures: Staff confirmed that minimum lot size considerations could be addressed as part of potential short-term stop-gap measures to smooth transitions during the interim.
- Adjournment: The meeting was adjourned with a clear direction to proceed with the consultant agreement and technical committee formation.
Meeting Transcript
Thank you. All right, everyone, welcome to the Wednesday, January 7th meeting of the City Council Business and Community Affairs Committee. This meeting is actually rescheduled from New Year's Day last week, so that's why we're having it on a Wednesday this week. But uh we excited we have one item on our agenda today, uh being a discussion for determining direction for future development code regulations, chapter 30 and 36, previously minimum lot size discussion. I believe that Ms. Jane Hudson has a short presentation for us. I do, thank you. So you summed it up pretty well with the agenda item title there, but just for those uh watching as a staff, they did they we uh presented the findings uh regarding the minimum lot size back in December. Um we've had multiple discussions about this, you know, and and we also have that grant coming in, so that's always been something that we've you know been concerned with making a lot of changes before we do that. But um, between the December 5th and today, we went back and we uh looked at some of our PUDs that have come through, and so I just wanted to have some of those guidelines that we could kind of outline today as well, and um just give us a basis of you know where we might go. But um the PUDs that we've seen, and and I I mean it's probably been the last 20 years, so we went back pretty far, but we went back far because I wanted everybody to understand that this has been going on for a long time. Uh but just on average, the front yard setbacks have been zero up to 20. Uh 14 and 15 being the most common, and then of course the additional required setbacks for the garages currently, and I put in forens here that we know what our current setbacks are, front yards 25. Uh but through these PUDs that have come forward, you know, they've varied. The side yard setbacks, those have typically stayed at five feet. Some of them have had a zero lot line when they've done the design and they know they're gonna skip a lot and they've continued on with that zero lot line, but for the most part, we've had five foot setbacks. The most common rear yard setback within these PUTs, it is 10 feet. Some of them even have an allowance to go uh back to the back property line with uncovered paved areas, and then our standard currently is is the 20 feet. The overall coverage that we've seen through the PUTs uh has gone up to about 75 percent. There may be some that are at 80, but for the most part, I think 75 is what we've what we've seen. Currently we have uh 65 as our requirement. We talked about this as well a couple times, the opportunities for creative development. We've talked about the short form plat process, uh allowing the larger lots within, and we see those within the core area uh already having uh infrastructure provided to it, but we've seen some of those opportunities where they can uh process a short form plat and create two lots, uh three lots out of a larger lot that's been left over, and then also we included the the PUTs and the spUDs because that is our opportunity for creative development that we have right now, right? Um we have some initial legal considerations, and this really goes back to what we had been talking about when we were talking about zero setbacks or zero uh side yards and the coverage requirements, and I'm going to let Beth Muckala with legal go over this slide for you because you can have questions about yeah. So I was asked just kind of spotlight the discrete legal issues that appeared to me. And this was following the December presentation where the minimum lot size discussion kind of evolved, and it became clear we're not just talking about the area of the lot, we're talking about other development standards like setbacks. Um the first thing, uh and it's really what I put in the staff report, is really summarized well here. The first biggest thing I noticed was hey, those numbers that we're talking about are all the numbers that literally the BOA is charged to enforce and vary. So if we don't have numbers, what are they doing? So we need to think about how we're impacting that process and how they would function in a situation if we were to move to a recommendation only standard. So that's the first one. Um the second is just a matter of zoning enforcibility, and I the word zoning is very um important here because we talked about administrative only processes. Well, city staff isn't empowered to give statutory notice and a public hearing to enact a zoning change. So if people are determining their own numbers and they're bringing it through that process, we don't have something that can be enforced through zoning. It doesn't become zoning. So that's another thing to think about. And the third thing is, and this is actually probably the one that's on everyone's radar to some extent. If we make it recommendation only and we make it administrative, what is staff using to evaluate? What are the parameters we're going to give them to know? This is when they can say to an applicant, we need you to do this in order to protect the city's interests here or this commercial buffer there. So there's a lot of those little things. I just wanted to summarize them quickly. Well, I think you highlighted the reason why it's come back today, is as we kind of I used the analogy last night, pulling threads. You know, as we start to pull a thread, it's like you know, you start to unravel more threads come out, more things you've got to chase down. So we kind of had Miss Hudson, Ms. Michael, um she's over there. We had a brief call over the break, um, just talking about you know what's the real world applicability of what we're trying to do here. And so I think you know, taking a couple steps back looking at all the issues and all the potential pitfalls is uh kind of why we're back here today. So thank you. So moving forward uh and identifying the priorities that as we uh establish the um scope, establish the contract with Clarion for the updates that they're going to be looking at, the priorities that we will reinforce to them is what we've been talking about, you know, the lot size, setbacks, street frontage, coverage, uh, you know, and and I think it'll be really good to have that platform while there's no numbers here, it really reinforces to them and what they can reinforce to the community as we move forward that this is something that matters to council, and and as it's you know, we say here that you know you will be briefed throughout this process as they work on the rewrite, but we will continue to go back to these priorities that we've established here.
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