[OldNorth] FW: Changes in height limits for downtown plan, etc.

[John Meyer]

Old North Board,

City correspondence on Downtown Plan issue raised by Old East representative.

FYI.

-jm

________________________________
From: Ashley Feeney <AFeeney at cityofdavis.org>
Sent: Monday, April 29, 2019 6:16:33 PM
To: Larry Guenther
Cc: Eric Lee; 'Rhonda Reed'; 'Mark Grote'; 'Marilyn C Underwood'; John Meyer; Sinisa Novakovic; Meg Arnold; Brett Lee; Dan Carson; htschudin at sbcglobal.net
Subject: RE: Changes in height limits for downtown plan, etc.

Dear Larry,

Eric shared your email with me and I wanted to respond to the items that you raised.

In reviewing the administrative draft plan, staff had a number of questions and thoughts.  Rather than directing the consultant to make modifications, staff is bringing these items up to the DPAC for discussion and asking for a formal recommendation to advise the Planning Commission and City Council as they later consider the Downtown Davis Plan.  The City is spending nearly $1,600,000 on the Downtown Davis Plan, corresponding form-based code, and an EIR.  We feel it is important that we ensure that specific options and implications of decisions are discussed once more before the project description for the EIR is settled on.  I understand that land use decision considerations are tough, and this upcoming discussion is not intended to put staff at odds with DPAC but rather have some dialogue and get formal recommendations from the DPAC on some very specific items.

We are nearing the end of our last Regional Housing Needs Allocation cycle that runs from January 2013 through October 2021.  In that cycle, Davis was allocated 1,066 units.  Staff has been advised from the Department of Housing and Community Development that jurisdictions in our region can likely expect a bigger number for the next RHNA cycle that is getting underway.  There are few vacant land opportunities in the City where this future growth allocation can be accommodated.  The downtown could certainly help in meeting this need, and additional downtown residents would help cash registers ring for our merchants.  This too is on my mind in reviewing the land use regulating plan for a 20-year cycle.

In regards to the Neighborhood Medium height requirements, the administrative draft of the Downtown Davis Specific Plan and the corresponding Form Based Code specifies a maximum of 4-stories would be allowed in the NM zone subject to 4th story stepbacks when adjacent to or across the street/alley from neighboring single-family homes.  Unfortunately, I was out on a long-planned vacation when the February meeting occurred and was not able to participate in this discussion and cannot speak to that firsthand.  I saw that the table presented did not correspond with the actual administrative draft plan that we reviewed and also heard that there was some confusion on this at the meeting.  That is why it is being raised in the memorandum that was provided to the DPAC.  Staff will bring some excerpts from the administrative plan to clear this up and to help facilitate the conversation.

The staff memorandum did note that a 4-story project is more viable, it also noted a requirement for a 30’ stepback when adjacent to single-family zoning.  We didn’t call out the reasoning for the stepback specifically but the intent is to provide a transition to lower intensity adjacent land uses.  In reviewing your email, it doesn’t appear that you are as concerned about the entirety of the area designated as Neighborhood Medium being allowed to be up to 4-stories but rather areas on the edges.  Let’s talk more about it at the meeting with the larger DPAC.

In regards to the University/Rice Lane neighborhood comments, staff feels that having 3rd Street included in the plan is prudent.  The City just made a major investment in the streetscape and there are a number of parcels on that stretch that would likely redevelop during the planning horizon of this document.  While raised as a separate item, there are a number of aging multifamily projects within the neighborhood that are also good candidates for redevelopment within the planning horizon for this document.  Staff felt that we owe it to the DPAC, the process, and the community to raise the question on if these two specific items should be considered given the amount of time and expense the City is undergoing in developing the Downtown Davis Plan.  The intent of the plan is to establish certainty so we don’t have to go on a project by project basis on sites that we know are likely to redevelop at some point during the life of this planning document.

In looking at the July 2, 2018 minutes, Chair Arnold summarized the will of the group being that the current nature of University Avenue/Rice Lane not be significantly changed.  The recommendations listed for DPAC consideration are specific to 3rd Street and other sites that already contain multifamily housing.  The rest of the neighborhood is not being recommended to be further evaluated.  Staff doesn’t see consideration of these specific areas as significant change but rather would seek to have these areas included as they are likely to redevelop with similar uses during the planning horizon.

Your email concludes that significant changes have been made without DPAC input through an opaque process.  We are purposefully coming to DPAC with a specific request for DPAC action on these items.  I understand that viewpoints of what constitutes significance can respectfully differ, I view these items as refinements versus significant changes.  In regards to transparency, staff prepared a publically available memorandum that lists specific recommendations that we are seeking the DPAC to take an action on at a public meeting with rationale as to why we are recommending specific modifications.  The packet is available to the public on our City website.  Staff requesting discussion of these items by DPAC in an open public meeting is a continuation of the transparent community process you referenced.

I hope this email helps clarify our intentions.  I am happy to connect on the phone or meet up if you have questions or wish to provide feedback as we work through the planning process.  Thank you for your continued efforts as a member of the DPAC.  I look forward to the meeting this Thursday.

Respectfully,

Ashley Feeney
Assistant City Manager
(530) 757-5654



From: Eric Lee <ELee at cityofdavis.org>
Sent: Monday, April 29, 2019 11:14 AM
To: Ashley Feeney <AFeeney at cityofdavis.org>
Cc: 'htschudin at sbcglobal.net' <htschudin at sbcglobal.net>
Subject: FW: Changes in height limits for downtown plan, etc.

For your info.

From: Larry Guenther <larrydguenther at gmail.com<mailto:larrydguenther at gmail.com>>
Sent: Sunday, April 28, 2019 8:26 PM
To: Brett Lee <BLee at cityofdavis.org<mailto:BLee at cityofdavis.org>>; Dan Carson <DCarson at cityofdavis.org<mailto:DCarson at cityofdavis.org>>
Cc: Eric Lee <ELee at cityofdavis.org<mailto:ELee at cityofdavis.org>>; Rhonda Reed <salmonlady at sbcglobal.net<mailto:salmonlady at sbcglobal.net>>; Mark Grote <markngrote at gmail.com<mailto:markngrote at gmail.com>>; Marilyn C Underwood <munderwo at omsoft.com<mailto:munderwo at omsoft.com>>; John Meyer <john.meyer at live.com<mailto:john.meyer at live.com>>; Sinisa Novakovic <snovakov at mac.com<mailto:snovakov at mac.com>>; Meg Arnold <meg at gsdconsulting.net<mailto:meg at gsdconsulting.net>>
Subject: Changes in height limits for downtown plan, etc.

Mayor Lee and Council Member Carson
Council liaison to the Downtown Plan Advisory Committee (DPAC)

I am writing to you in my capacity as DPAC member representing Old East Davis.

The staff packets for the February 21, 2019 meeting and the upcoming May 2nd, 2019 meeting are attached.

At the February 21, 2019 meeting of the DPAC, an issue was raised as to the height limit of the zoning designation "Neighborhood Medium".  In the staff packet for that meeting, it is clearly stated in the table entitled "Small, Medium, Large Environments" (pg. 4 of the Opticos report, pg. 11 of the staff packet), that the designation 'Neighborhood Medium' has a height limit of 3 stories.  On page 7 of the Opticos report (pg. 14 staff packet) there is a figure labled 'Option 2: City Requested Edits.'  In this figure there is a text bubble that implies 4 stories are allowed in 'Neighborhood Medium.' (text bubble pointing to sites in Old East Davis east of the railroad tracks reading, "30' min. stepback at 4th story revised here to 15' min.)

When asked for clarification on this issue, the committee and community members present were assured by Opticos staff that this was a mistake of some sort, that 'Neighborhood Medium' was limited to 3 stories, that the mistake would be clarified and that they would get back to the committee with clarification.  City staff made no indication at the meeting that they desired a 4-story height limit for 'Neighborhood Medium' and agreed with Opticos staff that this was some sort of error.

The draft minutes for that meeting (included in the staff packet for this Thursday's May 2nd meeting) include the question to staff and consultants regarding the height of 'Neighborhood Medium,' (item #7 DPAC clarifying questions, pg. 2 of draft minutes, pg. 5 of staff packet).  No mention is made, however, about the following discussion and assurance that this was an error.

In the staff packet for the upcoming, May 2nd DPAC meeting, there is a section of the 'memorandum' (pg. 4 of memo., pg. 11 of packet) titled 'Clarification on Neighborhood Medium Height Limitations.'  In this section it is stated that the height limitation for 'Neighborhood Medium' is now 4 stories.  This change was made without discussion by DPAC.  Staff mentions 'retaining' this height limit, though a 4-story height limit was not discussed or presented to DPAC.  The reasoning, according to the staff report, is to make development 'more feasible,' though no mention is made of the negative impacts to the immediately-adjacent, single-story, historic, single-family dwellings immediately to the east.

Additionally, after much discussion by DPAC at several meetings, a unanimous vote was achieved by DPAC to leave the Planned Developments in the University/Rice neighborhood as they currently exist.  This was decided because the neighborhood had recently undergone re-zoning block by block (and in some cases, lot by lot).  Additionally, it was felt by DPAC that preserving the character of that neighborhood was important and that most of the growth in downtown should occur in the core.  Staff recommendations in the packet for the upcoming meeting would reverse that with many areas being converted to the new 'neighborhood medium,' i.e. 4-story, block-scale buildings allowed.

The changes to 'Neighborhood Medium' also affect Old North Davis.

Thus, after an open, transparent process with input from the consultant team, a great deal of community engagement, and consensus or near-consensus by DPAC on multiple fundamental issues, significant changes have been made by an opaque process with, apparently, no input or discussion by DPAC or the community.

Regards,

Larry Guenther

--
grow you own food - make your own fun - play your own music
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