This webinar is being recorded and summarized. >> October 2nd, 2026 meeting. And this is Monday, October 5th, 2026. So we'll continue with our deliberations on the Comprehensive Plan. And just before we get started, I had a couple things I wanted to say. First off, I'd like to apologize to Cyndie, our court reporter. We were trying to rush and get this all completed. Lost track of time and failed to give you appropriate breaks. So I've asked the county manager to remind me. And we will take two breaks every two hours for ten minutes so that you can get a breather from your task. And we very much appreciate the work that you're doing. So thank you. Cyndie. And then I think things got a little confused as we move through the process. So today I would like us to, if you're making a motion on anything to make that motion. I'll call for a second and then go into discussion and deliberation. I think things got confused. There was a motion and then there was lengthy discussion. Sometimes before there was a second. So I think that will make things a little bit more clearer as we proceed. Kathleen, did you have anything to add at this point? Okay. All right. So let me get back to my decision sheet here because where we left off, I believe, did we complete. Number 65? Was it. I think we did complete. I see that we voted on that one. So that brings us down to 60. 66. Is there a motion? >> Councilors, if I may. >> Yes, please. >> Sorry. Good morning, Chair and councilors. I believe there was a motion on the floor for 65. And the legal counsel can correct me. I think that motion was to adopt the City of Vancouver Code as it relates to density credits. When. Developers offered 2 to 3 bedroom. I think that was the motion that was on the floor. I believe it was seconded. You did not vote on that? >> Okay then my notes are wrong, so I'll take yours. So who who made that motion? >> I believe I did, chair. >> You made that motion and I'll second it for the purpose of discussion. >> Chair. >> Yes, please go ahead. >> I think where we left off was that we didn't have enough data or information. I think Councilor Little brought that up. And then a couple of us also agreed with that sentiment because we don't know we have no details of how that particular program works. So incorporating it into the comp plan would be kind of confusing at this point. >> Thank you, Councilor Young chair. >> Just wondering if staff maybe had a chance to review the City of Vancouver's code on that or their recommendation for their code? >> We we have the language and I think our housing consultant is online. If you want to ask Elizabeth Decker. The issue of part of the rationale for the city adopting this. When we spoke with the city, I think initially was to. With the developments, partially the developments on the waterfront and some of the multifamily tax exemption credits, they were seeing more studio and one bedroom apartments in order to meet the requirements that were required. And then they transferred that into their overall to try to encourage more two and three bedroom units. We don't have any information in the county on how that would work in the the market, in the unincorporated area. I'm not we just don't have the data to see how many studio and one bedroom apartments are currently being built. It seems like we're the predominant. Type of bedroom construction is two bedrooms, but I think that would require a little bit more work to see where we are relative. But the I think the idea is to try to encourage more of the two and three bedrooms to meet the minimum threshold for the density requirements. >> So the primary purpose of what they're doing is that. >> Okay, that's that is there. >> And I don't, I mean, I don't, I, I think this is a common problem anywhere where, especially when we're creating minimum densities, it's going to be harder and harder to be able to actually physically fit those larger units. And I still would be supportive of adopting their version of that and adding it to our code. It would be one more step also of likening our code to the City of Vancouver's as well. >> I have a question. And if if we didn't adopt it at this time, what would be a fallback position in terms of when it could be brought up again or considered by the Council anytime? >> It could be done because it's a title 40, it could be done anytime. Go ahead. Do you have something? Go ahead. >> I would like to have a work session on it before we decide anything. I that's I just don't feel like we have enough information either way for comp plan or to incorporate it permanently into the county. So. >> Okay. Thank you. Go ahead. April. >> April. Firth deputy county manager Elizabeth Decker's. Hands up. >> Okay. Okay, let's hear from Elizabeth. >> Okay. I'm sorry. Thank you. >> Yes. Good morning. Council. Elizabeth Decker with Jazette planning your housing consultant on a lot of these code updates. We did have an opportunity to look into the details of that credit and the way it works in the city of Vancouver is for purposes of minimum density. Studio and one bedrooms count as a single unit of one dwelling unit. Two bedroom units count as 1.5, 1.25 dwelling units and three bedroom or larger count is 1.5 dwelling units. Again, just for the minimum density is which we've heard concern about meeting those densities. And so that's where the incentives come. And then the maximum density is measured just based on total units regardless of size. So we do have the details of that that you know, to share now or to for further discussion. I think that Josie spoke eloquently about the potential background that we don't have necessarily about the type of sizes of units and how this incentive would or would not align with the Clark County's goals and existing development trends. And then the other issue is also just to come back to the capacity issue, that this is another, you know, maybe an unintended consequence of this type of amendment is that by counting larger units as more than one dwelling unit for purposes of minimum density, the total number of dwelling units that could get produced would be less than the targets we're aiming for under the housing for all planning tool, and we just don't have time. We haven't had the opportunity to evaluate that in more detail. So that would just be another consideration for you in your deliberations. Thank you. >> Thank you. That's helpful. Any other comments or questions? Okay. It's been moved and seconded. We'll take a roll call. >> Councilor young I, councilor Belkot. >> I just have a comment. I thought it was moved for discussion. >> Chair I, I seconded it so that we could discuss. We've discussed and now we're voting no. Chair. Okay, okay. Are you ready to vote? Are we not ready to vote? >> I'm not. I'm not ready. I still have a question. >> Okay, well, let's pause on the voting then and have further discussion. >> Yeah. The chair had asked if there is an opportunity, Councilor Young, to do this at a later time and get more information. So we know what we're actually voting on. I would be as supportive of that if you'd be able to take that as a friendly amendment to indicate that we'd like to do something, but that we would have a work session first to learn more information. >> I appreciate that. I don't think that we're suffering from not having the information. It's probably from not having absorbed it. This was a recommendation that came out of Dbw. There's quite a bit of discussion that took place during Dbw on this. And I think we if we wait, and I understand that, but we've also already added a massive amount of material for community planning in the following years. So the realistic. The reality is it'll probably be at least a year before we get to this. I think it's important to adopt it now. >> I just want to chair. Just mention that staff just told us that this could potentially affect the comp plan and our calculations. So that would be why I'm voting against it, but not for the intent. I would like to address this later for sure. And it sounded like from Oliver, we can do this later. >> Sure. >> Yes. Go ahead. >> I appreciate that that comment, the one thing I would note, the only results that would have would be downward number or pushing the number downward of total units, which would bring us closer to our population forecast. >> I would just ask staff is can are you able to confirm that? >> So. There are two ways to measure. Overall, we have an excess capacity by each Yuga. We don't. And particularly the Vancouver Yuga is very tight. There is excess capacity with the city of Vancouver. So I think we have a additional capacity there. So but with within the unincorporated area it's very, very tight. >> Okay. I would just say I agree this is very important to provide this incentive, although I would like to take a more thoughtful approach to it. And, you know, if this motion fails, I would be introducing a motion to direct staff to look into this. And we could apply a time frame as well. So that's just my opinion. Any other comments? I'll pause for a while to make sure. >> I just my comment, going back to what Miss Decker said, she's mentioned that it doesn't. She doesn't know how it would affect the the county planning tool. >> I can't hear you, councilor. >> Did I get that title incorrect? Jose. >> Councilor, if you. >> Could pull the mic a little closer to you. Yes. >> Thank you. Miss Decker mentioned that the housing tool may be impacted. That's correct me if I'm saying that incorrectly. >> It's the housing for all planning tool, the Hapt. And that's how we're measuring whether we have sufficient capacity in each of those income bands by jurisdiction. So that's correct. Yes. >> Thank you. >> Okay. Any other comments? Questions. We'll take a roll call. >> Councilor young. I Councilor Belkot. >> No. >> Councilor Fuentes. I councilor Little. >> No. >> Chair Marshall. >> No motion fails three two. So I would like to make a motion to follow on that to direct staff to. Examine the impacts of this density credit that the City of Vancouver has implemented. And what if I could just look to Councilor Young? What would be a reasonable or staff? What a reasonable timeline to complete that. The next six months, councilor. >> We still have housing consultant working with us. If you put the end of the year, I'm sure that she could include that in the phase. The next phase, if you give it six months, we can also get that done. It is the timing that you put on it that will determine the priority we put to it. >> Okay. Then I would put by the end of the year. >> At the end of 2026. >> Yeah, end of 2026 will be December. >> Yes. >> Okay. >> That oh no, no, not the end of this. >> Well, you thanks. >> That's why I asked. >> Okay. So. A time frame for what exactly? To come back to council or take an action since you're only meeting. >> That's a good question. I would say bring it back to council in a policy update or work session. >> Okay. So. We have Elizabeth through the end of the year. So I think the six months would be fine because you're not meeting in December after the budget. So I don't. >> Know that council decided they wanted to do that. >> Right. >> Chair. Oh, has it has the motion been. >> Well, I was asking a question to help define the motion in terms of a time frame. So. So I'm I'm thinking. >> Six to bring it back to council within the next six months. >> Within the next six months. Okay. I think under the advice of staff, that sounds like a reasonable time frame and wouldn't require us to have a special meeting because I think all of our meetings are pretty well packed at this point. >> All our meetings are special. Is that a motion chair? >> That is a motion. >> I'll second. >> Okay. Moved and seconded. Should I? Chair? Yes. >> Go ahead. May I offer consideration of a friendly amendment? >> Absolutely. >> That would be that not only this issue, but all of the issues that are brought forward to the work session. >> I would say let's take them one at a time. >> The list is probably 8 to 10 items. >> Yeah, I, I, I feel like we're honed in on this one and we are on the cusp of making a decision. We would have to go into a lot more lengthy discussion, and maybe we'll be doing that before the end of this meeting. But I would like to just have a clean vote on this one, if you don't mind. So I don't know if I was totally clear on what that amendment is, and that would be to direct staff in the next six months to evaluate. The county, adopting Vancouver's density credit. >> I would add, just for larger units. >> For larger units. Thanks. So that was the motion. It was seconded by Councilor Fuentes, I think I think we're ready to vote. I think we're ready to vote. >> Councilor young. I councilor Belkot. I Councilor Fuentes. I councilor little. I chair Marshall. >> I okay now I had an amendment that I, I think I should have brought up a little bit earlier because it addresses 40.210 and we're about to move on to 40.230. So if you don't mind, I'll just go ahead and do this. And I've distributed this to the council via email, and I'll distribute it. On the dais here just so you have that fresh. So I would like to move to. Prohibit cluster development on forest agriculture and agriculture, wildlife districts, which are FR80FR40 a G20AGWL, which is 40.210 .010. To remove this section that allows for cluster development on these resource lands. That's my motion. Is there a second? >> Second is. >> Moved and seconded. So we discussed this. I think maybe it was a week and a half ago related to cluster development. And I have raised some questions about this. This was allowed with the adoption of the 2016 Comprehensive Plan update. Prior to that, a cluster development was prohibited. And just as a reminder, cluster development really targets the larger acres of resource lands and allows for the development of one acre parcels. As long as there's an 85% remainder. And the directive is that it stay in agriculture, forest or open space. And just as I've observed this application in my in my community. We haven't had. And I have asked for more comprehensive analysis of how this has impacted the county. County wide is that the. The remainder parcel. Well, one of the requirements is that it. These developments be on poor soils. So that has not been. The case development has occurred on prime AG soils that the remainder parcels in. In all of the cases that I've seen are fields of weeds. There's a requirement that it continue as the ag forest or go into open space and consulting with our lands Department. They only were aware of one case where there was an application, because you have to go through an application process to become open space. Only one example where that had happened, and it was denied because the parcel size was too small. So I think this is something, again, that really is detrimental to the long term economic viability of agriculture by further parcel izing resource lands. And I think that was what was determined previously when it was not allowed. And I think there's there's just been too much parcelization. And we have had we don't have a good record of, of holding those property owners accountable to the, the current requirements. So that's my explanation. Councilor little, you have your hand up. >> Yes. Could you pull up on the screen the amendment I don't know if it's the original one you emailed that was two pages long with charts and stuff. Or if it's a newer version, just like to see that. And also. >> It is the same. >> Okay. And, and because there's a lot of words on there, I just want to, can you describe in detail or have staff describe how it is currently and how those words will change it? I just want to be really clear with what we're voting on. >> It removes the the standards for cluster development on resource land. So by removing that, it removes the ability to cluster on resource lands. And Oliver or Bart, I see you've come forward as well. Do you want to provide any further explanation? >> Councilors? What I will say is that your presentation is accurate. It will. If this passes, it will prohibit clustering in the ARG or ARG. I don't know if you want to extend that to the forest district. If you do, this motion will be consistent as to what it was prior to 2016. We currently allow clustering in the rural zones, so that will remain. This will only apply to the resource district and the other sections in chapter three that talks about clustering. So we'll take a look at that. If this passes we will amend that section to also address removal of allowing clustering in the resource zone. But the way you describe it is actually what is in play. There's also a county language that says that if a property is at the edge of the ugb and that property comes into the urban growth boundary and accepted, the city can change the zoning to whatever they would like to develop on that property. So you don't really keep that remainder. In perpetuity or remain in agricultural use. If it comes into the ugb, all bets are off. >> That's correct, that's correct. I'm not suggesting to change that. Okay. Chair councilor Lily, you can continue and then Councilor Belkot. >> Yeah. Thank you. Just so I'm trying to wrap my head around this. So if you owned 20 acre agriculture or forest property under cluster development, you could currently create three one acre lots in the corner of the of the property. And then the rest would be a remain. Can someone just describe an example of what would what is currently allowed and what would not be allowed? >> Sure. So right now, let's say you had a 60 acre property in an AG 20 zone. You could do three one acre lots. 57 acres would be in the remainder. If you remove this provision, you can only do 320 acre lots. >> And for AG 20, it's it's compliance. So would there be clustering allowed on if an. If a lot was 20 acres zoned AG, you wouldn't be able to to do. You'd have to. So it only targets the larger. >> It happens to be a. Multiple of 20 in order to divide it right. >> So it need be 40 before you'd be able to do any clustering. So this really you know, and I don't know how many parcels there are that this would apply to this size, but it's a way to further protect those from. From subdividing. And it does create these little. One acre developments across the rural landscape. So I think it's undermines the rural character. Yes, councilor. >> Little last question. How many times has this been applied in Clark County, or how many properties has this happened to just generally. >> Councilor, this is Oliver. It would require us to check in with. Come, dev. All I can say is that when this was lifted in 2016 and the council at the time allowed for act ten, there was a lot of folks that rushed to get vested before the Growth Board could rule, and that impacted the AG 20 provision until we were asked to return back to act 20. So there was a lot of activities in terms of application to get vested. And I believe even though that was done in 2016, because those properties vested, they are still being reviewed as we speak because it hasn't been completed. >> That is to say, there's already been a lot of parcelization. Yeah, go ahead, Councilor Belkot. >> I guess I, I kind of feel about this one the same as I do about the previous. 65, learning more about it, because I'm just wondering how this would impact, say, families that have a lot of, or a family that has, say, like 20 acres of agricultural land, but they want to create like a homestead type of situation with their family and have the same, you know, have the family stay on the property, but for development purposes to have their family members live on the acreage. I mean, they still would, but they would have to develop their own houses. Would that prohibit them from building houses on that land? Because technically it would be cluster. I, I don't know enough about that. That's why I'm asking. >> So the the cluster subdivision is a subset of a land division. So you would have to be able to divide the land. So like I said, the if you're in the AG 20 zone, you'd need at least 40 acres to divide it. And so. That example, you need at least 40 acres to create two dwellings. So you could do it as two one acre lots, I think between 1 and 2 and a half acres you can do. And then the rest of it would be in a remainder lot that couldn't be further divided, typically until it's brought into an urban growth boundary. Is, is our standard protocol. So you could do that. Or if without that provision, you would have to divide it into 220 acre lots. Okay. And that would give you the two dwellings, right. >> Currently though, if the scenario that you describe there is the ability on a resource land to have an Adu, but it needs to be attached to an existing building or I think converting a garage might be an applicable as well. Correct. On resource land. So there is some ability. >> But and a hardship. >> Or a hardship as well. And I think there's work, farm work, housing, there's various options as far as if to create additional some additional housing, but each of them have sideboards. >> Yeah. >> Right. Yeah. Councilors. I think the broader policy objective here, if I the way that I understand it, is more on protection of resource lands. That's the overarching policy objective. Other than that, I have nothing more to add. >> Chair. >> Councilor young. >> I got three questions. So the first one is I want to be 100% clear because I feel like I've been getting or we have been getting different answers. And maybe that's just my mind making things up. Or maybe it's happened. I'm not sure. But if you have 120 acre parcel with this code, is there any situation under which you could build more than one unit on that 20 acres? And likewise for 40 acres, two units, 60 acres, three units? >> No, no. With except for the you could not divide it to create new dwelling units to create new lots. That's. If you have 20 acres, you can't do anything. You have one. >> At 20 acres without using the cluster development. Yeah, you can build one house. Correct. 20 acres. With the cluster development, you can still only build one house. >> That's correct. >> Okay, I guess I don't. >> It's really targets larger parcels. If you have 40 acres or 80 acres, there are some properties that are still out there that are actively being farmed. Those that wanted to take advantage of clustering have had 11 years to do that. And and this, and it was recommended by the AG Commission, as well as a way to protect the larger parcels. And again, the larger parcels are incredibly valuable for agriculture because they're able to bring in really the bulk of the revenue that comes in for the agricultural economy. >> Chair, my second question was going to be for you actually, now it's kind of morphed into two. The first one is I'm I'm I'm not I want to work with you on this here. I'm trying to understand what because I know we had a discussion on Friday that was about creating larger parcels. And it seems to me that the impact of this is. Is somewhat I mean, as I think Jose or was it Oliver said that that's kind of what the accomplishment and the purpose of this particular code is. So. And then the next question is, I'm wondering if maybe we could actually tailor this, not delete it, but tailor it to actually find ways of incentivizing bringing those parcels back together. So, for example, like if you, somebody owns 20 or 40 acres and it's two parcels, 20 acres each, and they can build two houses on that. Right now the code is that they could cluster them into one acre parcels for those two, and then the other 38 acres remains as AG. But do they are they required to combine that or does it become like 219. >> It would not become a. 19 because 19 would be less than 20 acres and it wouldn't wouldn't be compliant. >> Right. It would still be a 20 acre parcel. But what I'm asking is, does the code currently, let's say if you if you do 40 acres and you cluster those two houses together, there's 38 acres remaining. Is that is that in one parcel now or is it still in two? >> If you do the cluster subdivision, then the remainder would be in one parcel, and it's the two individual lots where the development occurs. >> It does essentially have the effect of creating larger ag parcels. Correct. >> Well, you're starting out with 40 acres, so you have a large parcel to start out with. You know, the the having a higher number than 20 acres would be a way to get at making larger parcels. But we're starting out with a large parcel and, and with those, if they could cluster two houses, would there be would there be an original house that on that remainder parcel. >> Right. So if there's a home on the the say the 40 acres, you're only adding one in this example. >> Okay. >> So I would just say that I'm very supportive of looking at something like this, but I think there's some, some tailoring that we should do an additional look because I think we can right now, it just barely. I think it just kind of barely incentivizes creating larger parcels. But I think you could tailor this to actually incentivize much more of the ones that are already parcel ized coming back together, essentially. >> Right. Well, there's two strategies that you're talking about there. This one is to protect the larger acreage. It really isn't about aggregating agricultural land. It's just to protect the larger acres from being further subdivided. >> I it feels to me like the maybe I'm just fundamentally not understanding this, but it feels to me like the code as it is today, attempts to do that in. >> In practice, it does not. In practice, they're building on prime soils, not the poor soils, as is part of this code. And they are not the remainder parcel, not in not in AG. I'm not as familiar with forestry. And they're they're not they're not applying to be an open space and actually become a nuisance in that it becomes fields of weeds. So that's what I'm trying to prevent. >> Okay. Fair enough. Could I ask staff maybe to try to I mean, you've kind of heard my questions. Can you maybe do your best to attempt to. You know, illustrate what exactly we're getting out of the code, what what is changed is and is that a positive change? Is that a negative change? >> Councilors again, this is Oliver. If the goal is to protect resource land, one would say this is a positive. If you allow the code to remain the way it is, it wouldn't significantly change a lot. I think what will happen is that, as I indicated earlier, some will say was what the previous council wanted to accomplish by going to act ten so that some folks will take advantage of that and get vested. And, and. Of course, that was shot down. The primary goal, as I stated earlier, is a policy called that you want to protect ag resource land for agricultural use. Often what happens when you have a large parcel and you you create maybe four or 5 or 6 lots. And if the dwellers, they are not family members. We have heard where there is opposition to farming. The remainder because of dust and other issues. So that's the primary goal is just the protection of resource land for what it's intended for. So it's a policy called when the previous council put a moratorium on clustering. That was their primary goal was to protect resource land, because they don't believe that further clustering and all of that does that. That was why it was the previous council had a moratorium in 1994, and that moratorium was in effect until 2016. >> Okay. So can I ask you this then? So essentially, in principle. It protects ag land because it it creates larger chunks of it. But in actuality, we're not actually seeing that ag land become productive. Is that accurate? >> Councilor? I wouldn't say because I don't know that that Haglund is not productive. It is just what happens after is the case. Are they in open space? And if they are, what are they doing with that? Are they according to use? If so, what are they doing? And this is like I said, it's a policy call. Those that wants to protect. Again, the the previous council did also pass a moratorium on large lot development. So there were two things that happened because we had what is known as rural. Ten that rural. Ten you can go. You can divide it into two. If you can get a perk, in this case, a soil test that you can put two homes on that. Then you can divide your ten to to five. The previous council, not this council saw that as a way of not maintaining rural character and allowing allowing more housing, if you will, in the rural area, and then put a large lot development and put a moratorium on that, as well as what I stated earlier, that moratorium was in effect until 2016, when the county went to act ten, believing that that would be opportunity for it was spelled as opportunity for young farmers who wants to get in to buy ten acres and farm that. But that's not what happened. So again, it's more of a broad policy called if that's what the council would like to do. >> Yeah. What what has happened across the landscape? If you drive around in the rural area, is there are these subdivisions in the rural area of one acre, maybe one and a half acre, very large homes, manicured lawns, a lot of lawn. If there is remaining agriculture adjacent to that. It has just, in fact, created a lot of conflict between these million dollar plus homes and and industrial agriculture, which can be smelly and dusty and lead to litigation. So it makes it very difficult for the remainder parcel to stay as that as that use. And I have seen it, and it's unfortunate that this had not been really monitored over the last 11 years to see what the impact is. But. In just driving around my community there, I think there's a half a dozen of these clusters. And I think only recently one of them, I think, put in grass seed, but otherwise it had been 40 acres of weeds. Any other thoughts? We could just go ahead for a vote. Oh, go ahead, Councilor Belkot. >> Have a question. How many? I don't even know if maybe April could answer this. How many property owners would be impacted? Like how many how many people own 20 to 40 acres of land around Clark County? >> April 1st, deputy county manager I don't know, but it would be over 20, so it'd have to be in an act 20. It would have to be people that own 40 or more if they were to be impacted by this. >> Okay. And you don't have I mean, I don't expect you to know this. Like you like top of your head. >> The one thing I did check while you, while you were having conversation is that we have not had an application in the last seven years for a cluster in the resource lands. The. We do have ongoing ones like Oliver said, for parcels that were AG ten and got and were vested at that AG ten. So we still have some of those remaining going through even right now, but with an with a true AG 20 or forest. Well, really you'd have to be multiple AG 20. We don't have. We haven't had an application in. >> I think there's one at the hearings examiner. >> That's an AG ten vested. >> Oh oh that was not the 400 acre parcel, but there was a smaller parcel. >> I think the ones that we have are the only two left out of the AG, ten vested ones. >> Oh well I'm okay. I'd have to go back and look at my email. So. So I think if there are any more comments we could do an up or down on this. Yes. >> I just would like to say I really would like to support this one, but I still just with all of this discussion, I am still not certain that just deleting the code will end up with a better situation. Just given all of the discussion that we've had here. So I feel like you guys did on the last one, like I would like it to be worked through by staff. And so I would be supportive of something similar we did in the last one, which would be having it come back to us in a work session as soon as possible. >> Okay. I would just conclude with the benefit would be to stop dividing larger acreage of resource lands, but let's do a vote, and then maybe there'll be something else that comes forward. >> Was that a friendly amendment, councilor young. >> No. >> Okay. >> Okay, let's just go up or down. >> Councilor young no. Councilor Belkot. >> No. >> Councilor Fuentes. A councilor little. >> A. >> Chair Marshall. >> I how did you I, I. >> Yes. >> Motion carries. All right. Thank you very much. Okay. Well, let me. >> If I may. I know don't want to take you back, but on 65 there are two motions that actually three. One was to amend this section of title 40 to allow for minimum density of 35 rather than 40 that passed five zero. The amendment to adopt the city code failed. Didn't pass. I think it was three two. And then the motion to come back six months later to review this passed five zero. I would like the council with all these motions that passed to fully, then make a motion to pass the 65, including all the changes made in response to agency comments and the three motions that passed. >> Chair. >> Great. Thank you. Yes. >> I actually have another motion to. Discuss under 60, I believe so, yeah. And that would be the and maybe correct me if I'm wrong, but the the up zoning in 179th Street area where the urban holding used to be. Would that be here or at a different point? >> So this is code that would apply to all zones is what we're looking at in, in, in we're in the we're in the code. So it would apply to all the different zones. So I'm not exactly sure what it is that you want. >> Well, it would be considering changing our plan that we have for all of the Up zoning that's taking place in the 179th Street area. >> Would it be the 2200 acres? Yes. That were. Yes. The urban holding that was lifted. That's correct. That's the full area you're talking about? >> Yes. >> So then the urban medium density changes to urban medium there. There is no up zoning in that area. >> Yes. But going to urban medium is up zoning, correct. >> Okay. So I'm not sure unless you identify parcel specific. This is not going to do that because it's going to affect everything in all the other areas within the unincorporated area. >> So how would we single out that specific area? >> You'd have to identify the properties that you don't want to have the Up zoning happen on. >> But I could just say the 22 acres of the previous urban holding. >> The 22 acres. >> 2200. >> There's not. That was in the urban holding. The acreage that we removed the urban holding on. >> Correct. >> Most of which was not urban medium density. Would you like to see a map? >> Sure, if I can help us. Yes. >> I, as I recall, there was some up zoning and then it was removed as numbers got balanced between, I believe, the city of Vancouver. So I'm not sure where things landed. >> Well, I think that there was. And correct me if I'm wrong, I mean, if I'm wrong on this, we don't even need to go into this. But my understanding was that there was broad up zoning and 170 that this area that we're talking about was subject to that. Yes. And then you did make some changes, some reductions, but not completely that there are still some parcels in that area that will increase in density. >> Only those that are currently urban medium. So what if it was R 12 is going to go to R 24 with the broader. >> Increase in density. >> Yes. >> Okay. >> And we this is Solevad. Again we showed that even with that there are some areas I think a map would be more appropriate if we have it. Jose. There's some areas that even though on paper it applies to them, those areas have already developed. So you gotta put that into consideration because they're already developing the the change in zoning wouldn't affect them. It will only impact any remaining parcels that haven't developed based on the current zoning. So we have to be mindful on how we saying remove those, even though in some cases the change is going to be negligible because some of those areas are already developed. >> Okay. So is there any are there any parcels in that area that have not currently been developed that are being upzoned still. >> There may be many that have vested. >> Yeah. So. >> All right. The area that's shown in the middle OR36, there are some areas in there that have already developed. And there's, I believe, some vacant land in that area. The area to adjacent to the left OER 24 was a request that came to council in 2022 to be up zoned to OR22. So we provided the closest new zoning, which would be OR24. The areas just to the south of the OR36 on the south side of 179, I believe most of those areas are currently either in the process of being redeveloped. And as you can see, the platted in R 36 and R 24 to the south. I think that's the only remaining area. It would be the OR36 in the middle, where some of those have already been developed as apartments. >> Okay, I think I understand that what you're what you're saying is it is being zoned, but if we didn't upzone it, it would now be in this oddball old zone that doesn't exist anymore. Correct. Okay. That that helps me understand that a lot better. >> Sure. Right. >> Do you have a motion? >> I, I would just be curious. I mean, it would create some complications here, but I do have a lot of hesitation to increase any, any zoning in this area, just given the infrastructure challenges and the frustrations that the current residents are experiencing. >> Right. I appreciate that very much. I feel like in this instance, the cat is very much out of the bag. And I don't know, I have seen previous maps that shows all the proposed developments. So it's I don't know how we to make this better, but to just don't don't do this again to bring in such a huge area, really, without fully doing the planning and having in place realistic numbers for what it will take to pay for the infrastructure. It it was it was not our best effort. >> So and I just came with this with a motion, but I was expecting a conversation like this. I, I at this point, I, I'm, I'm a little frustrated that there's not a way really for us to dissect this in a way that there is not any level of density increase there, but just given the comments from staff, I don't think there's a real way to unwind that. So I will not be making that motion. >> Okay. Thank you for that conversation, chair. Yes. >> I motion to approve number 65 with the amendments as proposed by the Council. >> Second. >> Thank you. Moved by Fuentes, seconded by little. Any further conversation? Let's vote. >> Councilor young. I councilor Belkot I councilor Fuentes I councilor little. I chair. >> Marchel I motion carries okay on to 66 commercial districts. >> Chair. >> I'd like to propose another motion. >> Yes, please go ahead. >> I'd like to propose to approve items number 66, 67, 69, 70, 71, 72 and 73. >> Okay, let's go through that a little slower. 66, 67. >> 69. >> 69. >> 71, 72 and 73. >> Chair, I have a comment. >> Yes, please go ahead. >> I thought we already approved 66. >> No, I know I had my cluster amendment that's that got squeezed in there. >> Oh, gotcha. Well that's what I thought we that was approved. >> Yeah. We haven't gotten to 66 yet. >> Okay. Okay. >> We just finished 65 completely. It was confusing. >> So I excluded 68 because I know that's manufactured. Home park overlays is a conversation that generally the council likes to have. Unless of course, you know, there's nothing to discuss. I would also like to include 68 chair. >> I do have an amendment for 68. So I would I'll second your initial motion. >> Thank you. >> Okay. And and no one else wants to pull any of those other ones that will just move in a group. Okay. It's been moved. Who seconded. >> Councilor Yang. >> Councilor young seconded. Any discussion from staff? Jose, you look like you're ready to vote. >> No. No comment from staff. I was just checking on your last action, so go ahead. >> Okay, let's go ahead and vote on 66, 67, 69, 70, 71, 72 and 73. >> Councilor young. >> I. >> Councilor Belkot. >> I, with the exception of 66 councilor Belkot. >> Oh, you wanted to talk about 66 okay. >> No, just that I was a no on 66 every all the rest. Yes. >> Then you'd just be a no on the entire motion. >> I. I want to be in yes on the rest of them. How do I. >> Okay. >> So then I think we need to go back and I need to update the motion. >> Did we vote on 66? >> We have not voted on 66. >> We've not voted on 66. So you couldn't have been a no on 66. What you're confusing it with, I think, is that I interjected emotion related to clusters. And you voted no on that. >> Yes. >> Okay. >> Okay, so Councilor Belkot a we can include in this batch 66 or not included if you want to discuss it. >> I, I don't I don't need to discuss it any further. >> But it will be a separate motion from the other ones. Yes. Okay. All right. So let me update the motion then. Just a motion to approve number 6769 70 717273. And then we can do another motion on 66. Because I believe Councilor Belkot has a different way of. Okay. That's how does that work? >> And and did Young's second it? >> Yes, I did second and I would be okay with that friendly amendment. >> Yes. Okay. Now we're ready. >> Okay. Councilor young I councilor Belkot. I councilor Fuentes I councilor little. I chair Marchel. >> I motion carries okay, let's go back to 66 okay. Any discussion? >> Just a comment. Just for me personally, I wanted I wasn't completely opposed to this. I just wanted more information, which the rest of the council didn't seem to agree with. So it to me, I just felt the same that I did with 65. But I was outvoted. So I'm just a no on 66 because of that. >> What does what does 66 actually do? >> Can you go to the code section? >> Elizabeth Decker has her hand up. Go ahead Elizabeth. >> Yes. Good morning. Elizabeth Decker. Jet planning number 66 is about amendments to the commercial zones. And that is to adjust some of the residential uses that are permitted in those zones, including adding some of the step housing uses, which is emergency shelters, transitional housing, emergency housing and permanent supportive housing that's required by Washington state law. It also adjusts some of the densities for the minimums and maximums and provisions for affordable housing in the commercial zones for parity with the changes made to the multifamily residential zones. >> If I may add to it, provides to allow for co-housing. Also in the commercial district. >> Yeah. Thanks, Oliver. >> Yeah. >> Okay. Thank you for that explanation. >> All right, I'll change. I'm changing my mind then. I just need a little bit more information. >> I'm happy on that. Well, we'll need a motion to adopt 66. >> So motion to approve item number 66. >> Second moved and seconded. Let's go ahead and vote. >> Councilor Young Councilor Belkot I councilor Fuentes I councilor little. I chair Marshall. >> I motion carries. Okay, now we are moving on to 68 manufactured home park overlay. Includes changes made in response to agency comments. Okay, councilor young, you have something for us. >> Yes I do chair in this one is I'd be I'd be interested in feedback from staff because some of this may possibly be incorporated. But we really we had the town hall just like about two weeks ago. We had some feedback there. And my understanding is that the code around the overlay is still the same as what was presented at that meeting. Is that accurate? The recommended that we have before us? >> Yes. There's no change. >> Okay. Was there any changes that staff considered from the results of the public or the the forum that we had? >> I don't believe so. And I defer to Elizabeth, but I don't think we had a discussion about making any changes. >> Okay. Elizabeth, did she raise her hand? Yeah. >> Go ahead. Elizabeth. >> Yes, councilor young, thanks for that question. That was a really powerful information session that we had. We had folks from ages 1 to 93 come out to the info session and tell us about how important manufactured home parks were for them. And I think the biggest code issue that came up that, that we considered, but ultimately didn't recommend any changes in the draft language, is under the use exception that's proposed. The way that overlay is set up, it restricts uses to primarily manufactured home parks and residential accessory uses, but offers a use exception process for property owners to maintain property rights to apply. Yes. Thanks for this use exception to change the to remove the overlay. If they can demonstrate that the district does not provide for reasonable use or that the use is permitted, there aren't not economically viable. And so the number one comment that we got at that works at that information session was like, please add more details to what economically viable means. And we heard those comments and we've done further research. And I think this, this language is really the best option that we have at the time based on the research we've done and consultation with county legal staff. This is although it is intentionally discretionary, because this decision will come to county Council for a final decision. This would be a legislative action if an applicant were to apply for this use exception, because it's changing something on the maps. And so it will be for the county council to determine, through a discretionary public hearing process, what economically viable means. And because of that, there are no precedents across the state, in other communities for how economically viable is determined. And really trying to get into like, well, is this percentage of this or it's this many dollars that really just isn't the state of practice at this time. And so we didn't, despite looking, we didn't recommend any further changes to that. As we mentioned at the information session, this language is, you know, again, used in all the cities that are using this across the state, which is about 5 or 6, maybe up to eight now. There have been no applications to, to use this use exception. And so no one has brought a successful case yet to show that the property is not economically viable. And so, you know, one way to read that is that this language is and this this code is working in the communities that have adopted it. And another way is to say, we really need to keep watching. And if there are details that come forward as parks, parks come in, we can keep watching those cases and see if there are details that make sense to bring into the code, but we really did not find any evidence that would support modifying the language in this draft. Thank you. >> Thank you for that, Elizabeth. And I will just say, having attended that meeting, I went in with some real concerns in the language and I left feeling confident in it. But I do want to add a couple things that I think were they were a part of the Hozack process. They were identified. But I, you know, for they may not have made it in here. And then an additional thing, I actually have two motions. I'll read the. First, I moved to amend the manufactured home park provisions to require that any redevelopment permitted on the basis that the replacement development will provide affordable housing, maintain long term affordability at an average of no more than 60% of area median income. Residents displaced by the redevelopment shall be provided a right of first opportunity to occupy units in the replacement development upon completion, subject to applicable income, household size and other lawful program eligibility requirements. So really, this changes two things. One is that we specify that if a if an affordable and a quote unquote affordable housing project is approved, that it has to be has to provide at least a minimum or a max minimum of an average of 60% Ami, which I think is much more of a community benefit. And I think a large community benefit would be required in order to displace those folks. And then the second thing would be that it provides a right of first opportunity to occupy the new units. So those that live there and are displaced would have their first opportunity to be assuming that they are eligible for the new affordable housing that replaces it. >> Okay. Could you just restate the amendment without the explanation? >> Sure. Yep. >> And then we'll get a second on that and you can explain further. >> I move to amend the manufactured home park provisions to require that any redevelopment permitted on the basis that the replacement development will provide affordable housing, maintain long term affordability at an average of no more than 60% of area median income. Residents displaced by the redevelopment shall be provided. A right of first opportunity to occupy units in the replacement development upon completion, subject to applicable income, household size and other lawful program eligibility requirements. >> Okay. Is there a second? Second moved and seconded. Any further discussion? Go ahead. Oliver. And then Elizabeth. >> Councilors not to draw you back. 68 is just applying the overlay. I think the changes that you're making will apply to 74. >> All right. Thank you for that reminder. We will pause. We'll be. >> Ready for 74. >> Yes. Okay. >> Which I'll ask Elizabeth to weigh in. >> Okay. Elizabeth. Yes, yes. >> Thank you. Chair councilor young, I think there are some options. Either way, if we could pull up 68, please. I'm curious, councilor Young, if you could clarify where you're intending this amendment to go right now under 68, the use exception for the overlay, if you would please. 4251 20 the use exception offers those three opportunities for if it's no longer economically viable. And then E sub three talks about for replacement that the manufactured home park overlay could be removed in order to allow redevelopment as affordable housing. And to better understand your motion, Councilor Young, are you proposing that. Yes. Here that options one and two would be deleted. And you would like to update number three with the language you've provided as the only way to have a use exception from the manufactured home park overlay? No, we would. >> We would maintain one and two. It would just be altering three to add two requirements. One is first right of occupancy or first opportunity to occupy. And then the other would be specifying that the affordable affordability requirements of the replacement project be at least 60% Ami on average. And that gives flexibility for some market rate units. But then it would create even deeper affordability than 60% on others. >> Sure. So one clarification to consider is that sub three was specifically written here to to apply to a affordable housing that meets the definition in title 40. We have a new definition of affordable housing proposed in 4170, which specifies that a 60% Ami for rentals, or 80% Ami for home ownership opportunities, which is the new state definition across the board for affordable housing. And so that's why it's specified this way, you know, in here just to tie to that definition. So hopefully that would you could consider whether that meets your goals or whether it needs to be restated here. And we did, you know, welcome amendments, but we did attempt to address your the your other provision with a right to return policy in the last line, if you'd like to, you know, that could certainly be rewarded. But we were also considering that same priority. >> Oh, I did not see that one on there. Was that presented at the meeting? >> I'm not sure that we spoke through every aspect of it, but yes, this has been in the draft. >> So. Let me read this then. Well, I guess I feel like this is a little bit more generic. I, I really would like it in there specified that they receive the first or the right of first opportunity. And then I don't think the. >> State law I. >> Allows for. Or maybe I could be wrong. Does the state law now that says affordable. The definition is 60%. Does it allow for an average. >> The definition that is proposed for title 40, which draws from that state definition, does not allow for an average. Because the intent. Here again, most cities and communities that have adopted this only use options one and two. And we're innovating here in Clark County with sub three for. This is sort of a fast track, if you will. That's if you're specifically if you're a property owner specifically proposing a recognized affordable housing project that meets those income thresholds that it would allow redevelopment. And I think a potential concern around allowing an average is that it would really open the door a lot wider to a much greater number of residential redevelopment projects, which is what we're trying to limit with this overlay to create greater certainty for those residents. >> Right. >> Okay, I get that. I still think that there is value, though, to the average, because if we do determine that it needs to be or should be redeveloped in an affordable project put in its place, I think that flexibility, I think it is especially like when you look at some of the VHA, you know, projects, they have some units that are market rent and that allows them to further subsidize some of the other ones. So it allows for even deeper affordability in some of those units. So I think I would still, I think this I don't believe anything in this. Amendment is in conflict to that. It just adds specificity. So when we talk about affordability, 60% on average, and then shall provide right of first opportunity, I think is better language. >> Okay. Amber. >> Thank you chair. Good morning councilors. Amber Smith, chief civil deputy, prosecuting attorney, understanding what you're stating, Councilor Young, my team would have to look at the language that's been proposed by the state because if an average is less restrictive than the 60%, as what's indicated, we may not be able to draft language to that effect because we cannot be less restrictive. >> Than the state. So maybe I would modify the motion if it's legally permissible, and our legal could look at that. >> And the seconder is okay with that. >> Yes, yes. >> Okay. I and maybe this is just for the legislative record, but I know with some of the a mobile home parks, they may not be well maintained. And so the no longer economically viable could be things had not been maintained and or, or I, I would not want just the argument to be we could make more money if we developed this into something else as an argument for not being economically viable. So I just would like to state those couple of things. And currently with the manufactured home parks there, would they meet this income, this proposed income levels? I don't know, I don't know what what if it's if it's 100% affordable? One of the fears was that someone buys the property and increases the the rents. Would this prevent that from happening? >> No, no, that's a whole other animal. Yeah. That's what we had a discussion about about a week ago that we will be working through it at some point. I can't remember what we determined on that, whether it was I had brought it forward to add that to our legislative session or our legislative agenda to work through the state to close that. >> Okay, okay, problem. That sounds good. And then we don't know for sure what income bands are these rents are providing. I'm just wondering if currently they meet what you're proposing. >> I don't know, I don't know. >> Okay. Yeah. That's okay. All right. Any other discussion? >> I just want to know. You're actually talking about that on Wednesday during council time as an agenda item. >> Great. >> Sounds great. >> Okay. Are we ready to vote on this one? >> Yes, yes. >> Councilor young I councilor Belkot. I Councilor Fuentes, I councilor little. I chair Marshall. >> I motion carries. All right we're turning the page. >> Chair my my second motion for purposes of time I will let this move forward. But maybe we can just get a quick head nod to further not to stop here, but to continue to look into this issue, especially with the one that I brought up looking at displacement, right? >> So in terms of policy directive, could you just state what that policy. >> Yeah. That would be just. >> To to look at. >> To have staff continuing to work through. And if we have Elizabeth working for us still through the end of the year, perhaps that can be done. Just some more study, work on what we can do to prevent displacement. Any other legislative ways that we can help the folks that live in the new overlay that we've created. >> Okay, so and this is not an amendment to the. No comp plan, correct? Yes. Go ahead. Amber. And then Councilor Little. >> Good morning. Just to clarify, we still need to approve item 68 with the amendment that council young is. >> Good point. Thank you. >> Do we do we have that head nod though. Just in. >> General Councilor Little had his hand up. Did you want to make a comment on that policy directive. >> Could it be repeated? And my hand was raised for after we get done with these votes. >> Oh, okay. >> Yeah. So the directive would be to have staff continue to work through the issue of folks, either their displacement or just in general, how the county can better support the mobile home parks that we have today. As part of the continued phase three as it phase three now of the Hozack. >> Yes. >> Okay. So essentially, councilor little that we don't now that we're past the overlay, we don't stop working on it. >> Okay, thanks. Are we nodding our heads on this and or putting our thumbs up? Yeah, we're all good on that. Okay. And so back to 68. We need to adopt the full amended. >> Make a motion to approve number 68 with amendments. >> I second that Belkot. >> Moved and seconded. >> Moved by Fuentes. Cyndie. >> All right. >> Councilor young. I councilor Belkot I Councilor Fuentes I councilor little. I chair Marshall I. >> And councilor little Haasl. >> Okay. Councilor little we've moved on to 74. Do you have something additional. Yeah. Additional. >> Yeah. Just because we're moving in the code past land use issues. I wanted to bring up an issue on equestrian facilities. Would this be a good time? >> Did we talk about equestrian earlier? A little bit. And I think we were. The discussion we had a little earlier is that this is something that could be addressed any time. >> I wanted to make a motion that about addressing it. >> Yeah, I have, I have I have it here noted to bring it up because you had testimony about equestrian code. It's not on your list here, but you can add it on. >> Right. I think that directive was given. But Councilor Little, if you want to add to that. >> Yeah. Yeah I'll do that. Yeah. Because I did hear from another constituent who is affected by our decision in Le Center, an equestrian facility that's having trouble with code, just like we heard a lot of the community testifying. This one was specifically about egg use, required agricultural use requirements. I think it's under the tax code on what's allowed as or what's counted as agricultural use. And their equestrian use and equestrian facilities are not counted, which is causing them financial harm. So I just wanted to make sure that this review included that, as well as what we've been hearing for years on the building codes that their facilities are being lumped into a commercial code for buildings the same like a McDonald's would get. And so that's why I if it's not very specific, I'd like to make a motion that just covers this and says, like we did before that in the next six months that we would review the county code and tax requirements as it applies to equestrian facilities, including agricultural land use requirements and building codes, and propose new code that is customized for equestrian facilities and their uses. So that's my motion. >> Second, that Councilor Belkot. >> Moved and seconded. April, did you want to add anything at this time? I think it would be good to review. And then I think at once reviewed. Then if there's a need for code changes, make those changes. It seems premature to say you're going to change the code until there's been the review. So that's my only thought on that chair. Yes. >> And the motion does say review the code and propose new code. So that would be a process that we're part of. >> Well, I would say and as needed review new code. >> Okay. >> Thank you. Yes councilor young. >> Just a question of process. I what exactly was our successful motion on Friday on this. Was it just to go to bring review to us in six months? >> I don't know that we made a formal motion on that. And I believe that's why Councilor Little is bringing it forward. >> I remember the discussion. It can be Oliver, you mentioned it could be discussed at any time. That code could be changed at any time, not just because we are discussing the comp plan. >> Yes, that's title 40. >> I made notes on that one. >> Okay. >> So we didn't make any motion that we would need to reconsider anything at this point. It is a new motion, correct? Okay. And has it been seconded yet? Okay, great. >> Any further discussion? Was there a time on this six months? How does staff feel about six months. I know this has been an issue that's been kicking around for a very, very long time. >> It's been an issue for ten years, if not longer. >> There was a work group that came together. I don't know what the outcome of that work group was, but it'd be good to. To zero in on this at long last. Okay. Any other comments? Well, let's go ahead and vote on Councilor Little's motion. >> Councilor young I, councilor Belkot, Councilor Fuentes, councilor little. I chair. >> Marshall I motion carries. Let's see. Are we on 74 then? >> Yes. >> I have one more. >> Okay. Go ahead. You had the weekend to think about this. >> Oh yeah. Yeah, yeah, definitely. So. We we had some new information on the Nevin property in Camas in April was going to clarify the record for that. And I just want to make a comment after. >> And this is to clarify the record, not to do any revoting on Nevin. >> It's for clarifying. And then I'm going to make a statement after. >> Okay. Go ahead. >> April. April 4th deputy County manager. I just went in the discussion. I had said that I couldn't find any planning that had happened through community development or legal lot determination. When I did get more time to look into it and with the help of staff, we did find that they may have made those five acre lots, which would be legal non-conforming lots in 1991. They still haven't been through legal lot determination, but it does get it. But it does seem without doing one, that those may be legal, non-conforming, legal, lots of record. >> They may have standing. Go ahead, Councilor Little yeah. >> And so that's really important distinction for this conversation because it was put into question whether what I was staying at the beginning is our two options. A vote for that Camas City proposal would have been a vote for anywhere between 16 to 18 McMansions on that property versus what the city requested, which would have been 1200 units. So vote for that would have been the actual vote for affordable housing, as well as something that is better for the environment. So councilors who are in the majority can always do a vote to reconsider and fix this one right now. >> Well, I think it's still uncertain how that would be developed. Five acre parcels are considered buffers to agriculture, and the planning director for Camas also indicated that they they could do fine meeting their targets without this additional property, but I, I, I am not in favor of relitigating this one. >> Chair. >> Yes. >> I would just say that I share your frustration with this. I, I do agree, I think the outcome with this property would be better if we were to move forward with that. I think we will end up with 165 acre McMansions and that does not really do the county good long term. That being said, I, I still this is 1200 units and I think that, you know, I still think that we're within the realm of reasonability and, and uncertainty. But this particular project is 100% residential. You know, I had a question from a constituent why I voted no on this one and yes on the others. And this one is purely residential units and the others are jobs land almost entirely. >> Okay. I would just like to move this along. Unless somebody wants to change a vote, who is in the majority that let's move on. >> I just want to clarify one, one thing that this proposal was submitted and reviewed as residential, but the Camas vision for the area is mixed use with services and and jobs. That right. There's a a desert for that area right there. Okay. Anyway, because it's been reviewed for that. That means this decision is on residential. But it doesn't mean that they can't ask for a. >> Zoning because it was it was what they submitted. >> Decision is permanent for the landowner and will immediately, very quickly convert into these McMansions. >> Okay. >> Let's living in this opportunity that is only right now. >> Okay, let let's move on. Unless anyone has a motion on this one to change their vote, let's move on to 74. So manufactured home park standards and requirements include changes made in response to agency comments. Are there any amendments to this? >> No. Sure. I move to approve item number 74 as presented. >> I second Belkot. >> Moved and seconded. Do we need to talk about this motion that the Planning Commission made, or is that already incorporated into 74? >> It is not. >> It is not. So that needs. We need to discuss that first. Correct. >> That would be useful. >> But only if we choose to consider the amendments. Correct. >> You're considering the Planning Commission's recommendation. >> Okay. >> Okay. Is there a motion to. Approve the Planning Commission's amendment? Would you like to hear. Yes. >> Would you like to hear from Elizabeth first on the. >> Absolutely. >> Okay. Elizabeth. >> Yes. Thank you. Chair, I just wanted to clarify what is in the draft before you for item 74, the first bullet about amending the regulations to include park models and tiny homes approved by the Bureau of Labor and Industries is included in the draft before you in 42, 61, 40, a sub two. That language has been amended to include recreational vehicles, the definition of which does include tiny homes with labor and industries, tag and park models. To more specifically address what the what the Planning Commission recommended. So that is incorporated. But the second bullet point in item 74 about replacing these standards for manufactured home parks and directing to the cottage housing standards is not included in this draft because we wanted the full standards for your review so that you could consider that motion if you wished. Thank you. >> Thank you. Any further comments or questions? Is there a motion? Oh, there is a motion. >> Second. >> Moved and seconded. Are we ready. >> To vote? That motion was to approve 74 with the amendments from the Planning Commission. >> As presented. >> Can we. Second approve it all together? The amendment and the. >> Yes. >> 74 as a whole. >> So. 74 with the recommendations that. That's what I am. That's my motion. Okay. Okay. Motion to approve number 74 with Planning Commission recommendations. >> Second counselor Belkot. >> Okay. Moved and seconded. Let's go ahead and vote. >> Counselor young I councilor Belkot I councilor Fuentes I councilor little. I chair Marshall. >> I motion carries. >> Thank you. >> Okay. >> Chair, I'd like to make another motion. >> Yes, please go ahead. >> Unless council chooses to pull any of the following. I'd like to move to approve number 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90 and 91. >> Seconded by Councilor Belkot. >> Okay. Moved and seconded all of those proposed changes were adopted by the Planning Commission's recommendation 7 to 0, unanimously. Oliver, did you want to comment? >> Yes. On item 87. I would like Council to include the recommendation that came from Public Works. >> We'll pull 87 from that from that list and discuss it separately. >> Okay? >> Okay. >> So just updating my motion to approve 75 through 91, excluding 87 for further discussion. >> Seconded by Councilor Belkot. >> Okay. A revised motion and second. >> Councilor Young I councilor Belkot I Councilor Fuentes I councilor little I chair Marshall. >> I motion carries okay 87 and is there some further information. >> Councilor, this is Oliver. This memo came to me from. Jeremy and Ken ladder and it was to include amending the traffic impact fee formula to ensure that passersby factor is applied accurately and consistently. So if the council agrees with that, I will recommend that as part of your vote on 87, that includes amending the traffic impact fee formula to as presented, as directed and encouraged by public works. >> And can you explain the passerby language, what that is specifically? >> I think what they are asking for is to. Because now we are deleting the reference to the fee technical document that we apply a factor of one to address passerby. Passerby is. I don't know if Ken is on on. Yeah, Ken is online and Jeremy as well, so they can offer more. >> Can you enlarge this? Rebecca sorry, I can't see it. >> Okay. Ken and Jeremy, thanks for being here. >> Yeah. Good morning Council. For the record, Jeremy Zola, PROVENZOLA county engineer. And thank you for considering this. I apologize that it was a bit of a late proposal, but it was to prepare against one of the unintended consequences of removing the technical document. We refer to a passerby factor in a Tiff impact fee formula. But with the way that the the traffic impact fee technical document was generated, most of the past by factors on there were actually calculated as a one minus a passerby factor. When we refer to pass by factor, we're referring to trips that are in fact generated by a land use. But. But it's not the primary or diverted destination. So a very recent example that came up is a coffee kiosk, for example. So a coffee kiosk generates a lot of trips, but a high percentage of those trips is passed by factor, which means they will stop at that location on their way to a primary destination. So if we were to apply just the literal pass by factor in that formula, we would be reducing a Tiff calculation essentially by the amount of trips where they're serving as the primary destination. So this just flips it around, I think, to align with the intent of the trip generation manual. And what I assume is council's intention to reduce the the amount of Tiff assessment by those trips that were essentially already on the road. >> Thank you. Some on the council have been a little late on our amendments as well, so no problem. Go ahead. >> Just I'm just trying to clarify. I think I understood what you were saying, but give me what the end actual impact will be to the fee for like a coffee shop that does have that does take the pass by traffic and then the, you know, the business that is not like that, you know, the WinCo food or something like that. >> Yeah, it's a good question. Thank you. Councilor Young. The intent of the amendment is to have basically no impact from prior practice. So folks that already were proposing the land use that was on the adopted Tiff technical document, they won't see a change because it was already a one minus. But if we use the key, the coffee kiosk again, as an example, I don't recall the number specifically, but I think it was like a .83 as they're passed by factor meaning .83 of every trip, or 83 out of 100 trips are passed by visits, meaning it's between their home and their primary destination, and they're going to pull in and get a coffee. So if we were to if we were to use the Tiff formula as it stands now, we would have to apply it literally. So we would we would multiply their Tiff assessment by 0.883. And so that would essentially turn into a 17% reduction. But that 17% would be those trips for which they were the primary destination. So it's just kind of flipped around. You know, another good example, maybe in contrast, is a single family home, by definition, a single family residence is always going to be a primary source or destination for a trip. And so our Tiff technical document already applied a one to those so that there's not a discount for passby trips because there are none. So again, that's where that's where the Tiff technical document served as a good intermediary. But with the rescission of that document and our need as staff to apply the Tiff formula, literally, I think adding the one minus to the pass by factor allows us to draw those pass by factors directly from the the trip generation manual and accurately apply those in the formula. >> Okay, so if I'm understanding correctly, this brings us as close as possible to our current practice. >> Yes. >> Okay. And then and then is this bringing the. The fees as close to actual real impact as possible? >> That is the intent of applying the passed by factor. Essentially, if it's applied correctly, you're not double charging for. >> Yes. >> Okay. Trips. >> Okay. Thank you. >> Yep. >> Okay. Anything else? >> Gerald, move. Approval of item number 87. >> Second Belkot. >> Moved and seconded. >> Chair, just to clarify, Councilor Young approval of item number 87 with the amendment. >> That is that is that is correct. Thank you for that. >> Okay. >> Okay. No further discussion. Let's vote. >> Councilor Young councilor Belkot, councilor Fuentes, councilor little. I chair Marshall I. >> Motion carries. Thank you. Is there one more? >> Yes. Number. >> 101001. >> Almost there. 101 which is in the very last page. We've already approved. >> Oh oh proposal could have easily been slipped by, but for your diligent attention to detail, Councilor Fuentes. Transportation impact fee. >> Just a little just a little information on this one, please. >> If you would like a little information on this. >> Yes, please. >> Yes. >> Let's pull it up. >> So the impact fees are is something we've already looked at. Did the council agree we agree to those impact fees already but not formally. >> That's true. We have had work session with council and there was other projects that was added to the list and that affected the overall Tiff rate. And we presented that also to the council. And we can pull that up so that you can see the the current fee and the proposed fee. >> Yeah. Thank you. Oliver. I know we've we've we've approved impact fees over the last couple of months. This was the only one out of all the other ones on the list that we didn't. And so I guess I was just a bit confused why we didn't get a chance to approve this one. When we approved the rest. >> It was coming late. >> It was just late. Okay. >> That's fine, just late. We were working with our consultant and they didn't include it when we came before. >> You okay? >> That's okay. >> Could you explain the 179th Street? And I believe that's developers agreement or that surcharge? How many developers is does this apply only to the developers that have an agreement? Because I think there was maybe four. >> Yes. >> How does how does that work? >> I will I will look to April to assist me here on the developer's agreement and how we assess the surcharge. I think it's in addition to the fee. That's my understanding. But I, I don't know. >> I think Harrison is. Tilt my head. Do you have a. >> For the record, my name is Harrison Houston. I'm a transportation planner with community planning. So I know we list kind of five districts. And we did that because when we pulled the maps, five districts came up. But as part of this proposal, nothing related to the 1/79 Street developer agreements are changing because those were part of those agreements. So I my belief was that the 605. That was what the developers paid up front. And I think you're correct. I think maybe the 350 is maybe an additional charge that comes in once they come in for development. >> We have to verify it. >> And does it just apply to those four developers that have the agreements? >> Yeah. Yes. >> Yes. Because it's in the D A that's correct. >> Right. Can you go. >> Okay. And it's 179th Street. Is that a district unto itself or was it created as part of the urban holding lifting? >> Let's see. We're gonna go up really quick to the map that shows the different TIF districts. >> I don't I don't think 179 was created differently. I think it's part of the part of one of the district. This is just additional that they pay or they agreed to pay. But let's look at the map. >> So just adding on to that. So the parcels that are not tied to the agreements out at 1/79 fall to one of the other districts. >> Correct. They fall to the Mount Vista district. >> Yeah. >> Yeah. >> So what district is 179. >> Right. So the the 1/79 developer agreements only apply to those areas that are in that reddish color. >> Those are the four that had the D a, the developers agreement. But the entire 179 area is in Mount Vista. Yes. >> Did Mount Vista's rate go up as a result of that? >> As the result of our update, or. >> Lifting the urban holding? >> I don't think the rate went up as a result of lifting the urban holding. I think the time we lifted the urban holding, we did not make any adjustment to the current TIF. The only thing that happened was that the developers, those that have the D A agreed to pay additional fee. >> I know that was a fear that was expressed at the time. And of those. Four pink. Of those four, I. How many? I think some of them have not developed yet. >> I believe that's correct. But we may have to check with com dev to confirm. I don't believe that all of them have developed I don't know. Yeah. >> Okay. I, I think there's a lot of development yet to occur. And so that surcharge was a was identified back when it was lifting. And it's the same surcharge. Now even though things are a lot more expensive. >> Yeah, we were just including it for transparency. >> I appreciate that. >> Sure. >> Yes. >> Go ahead. >> Could we go back to the slide with that showed the fees. And my question is. I'm assuming that there is some level of change built into this. And could you identify what that that change is. Yeah. >> An old presentation. Should I bring that up or. >> Sure. >> Change it to this project that was added. >> Okay. Yeah. Are you looking at the percentage change or the dollar change. >> Percentage would. >> Be good. So I'm just going to pull up a presentation that I believe we gave in a work session back in July. Sorry. Yes, July. So let me just. So in, in the black kind of lettering and the proposed rates, those are what's in appendix A for your consideration for approval. And then the percentage and kind of dollar amount change are in the columns next to it. The, the red. We did share out some preliminary numbers in our, you know, efforts to get this information in front of Planning Commission as soon as possible. And then we did realize we had left out a couple of capital projects. So we went back and we had to revise the rates with our consultant. So the, the one on the left. So the red is what we shared with Planning Commission and Dbw. And then the black is what Planning Commission ultimately looked at and considered for the recommendation. Yeah. >> Okay. I mean these are pretty substantial. I'm running really. Did we have a hearing on this? >> Not not yet. Only a work session. The Planning Commission had a hearing and made a recommendation that you approve. >> These numbers were presented to us at that time. It's amazing the amount of information that comes to us. It's easy to forget where we're at. But I am wondering if, I mean, these are pretty substantial, but I don't know how often somebody pays this fee. So the 500 and I think 54 million or so that the shortfall in our capital plan is this built into that already. So is that assuming these up dated fees. >> Yes. >> That's correct. Okay. So it would be worse if we did not adopt these increases. Yes. Okay. And then just last question, if you could, in just 30s or so the these fees are fairly nebulous, like to understand because different entities, they don't I mean, you know, the WinCo doesn't pay the same fee as just like we were discussing before. So can you just really, really, really briefly just explain how this number correlates to a project? >> Sure. And I'm going to let's see here. So I know you just as part of the previous item that you discussed, you amended this formula, but this formula is in kind of how it is right now in our code. But what we do is we take the unit of measure kind of associated with a different land use type. So for housing, it's usually tied to the number of units. So for single family homes it's usually just one unit. And then for multifamily, I think it's it's also per one unit, but the, the trip generation kind of it goes down as your housing type changes. So single family homes typically have the highest generation rates. And then as you start getting to a building with more housing units, it, it decreases. And for like a commercial space, it's usually per square foot. And I think what we do is we tie all kind of the unit of measure and the kind of generation rate. We kind of tie it back to the ITE trip generation manual, which is an industry standard. And a lot of jurisdictions just use that to kind of determine what the generation rate is. And that is actually updated quite frequently. And we've seen for for residential, we've seen the generation rates actually decline over time. So stuff like whenever they update it. So I think the last update to that manual was back last fall. And that decreased basically impact fees without really any, you know, action just simply by changing industry standards. But we kind of tie that back to that. And. The, we also kind of incorporate a 15% reduction. It's that that 0.85. And I think kind of the thought process is, you know, we're, we're kind of capturing some of the, the growth in the road levy from, from development. So we offer that that 15% reduction. And then for other like retail, there's also the business enhancement factor that it's applied specifically for retail or commercial. >> Sure. That helps, but just maybe, and I know you're, you're going to be off by a wide margin probably, but just keeping the same example that I've been referring to, like a WinCo foods, a, just a off the top of your head about how many impact fees would they pay? >> I, I really wouldn't know where to start. Yeah, because I would. >> It is in the multiples, right? I would assume. >> Multiples of. >> Impact fees. I don't know how that works. I mean they they pay more than what a single family home would pay. >> Yes. >> Yes it would. Yeah. It would depend on using the IT manual to look at it. Is it 100 square foot building. And if so, what is the typical traffic generated on it? And then the type of business. That's how that will be calculated. >> Yes. >> It would be nice if we had a number just for the public, but if you don't, that's okay, I understand. >> Thank you. >> Did you want to say something? >> Go ahead. >> I have asked that. David. Sorry. April 1st, deputy county manager. I've asked that David Jardine, he will be able to answer your question about the D a as it applies to 1/79 Tiff. If you would like to ask that question of. >> David, I would like to ask that question because I'm wondering if it's fixed or if it is fixed. >> But if it's online, he can. >> But before he goes just so we. I don't get away from what Councilor Young asked is I mean, traffic impact fees is to calculate calculate the impact that that business has on the road. So the more they, the more trips they generate, the more their fees are going to be. Okay. >> So I will also have a question about the the big jump in rural fees, because that's significant. And I don't I don't know how that's justified, but. >> That's based. >> On road area. >> Right? Yeah. So the rates that the way that we kind of look at them is we. >> Could we look at the, the, the actual rates again. >> Right here. >> There we go. Thanks. >> So to calculate these rates and again, I'll try to kind of summarize the process. I know we had a consultant that came on and calculated all these for us, but we first start by developing the cost estimates for each project. So once we've done the analysis on the preferred we, we, we cost out all the capital improvements. And then what we do is we look at kind of, we do some modeling and kind of look to see where trips are heading and where they're ending. And so. And then we also look at the growth of those PM trips within each of those four main districts. And kind of we, what we really >> Do is then we kind of spread out the cost of the projects. We we add them up per district, and then we kind of divide them by the total growth in trips that we see in each district. So I think maybe one reason why the rural has such a. Kind of increase is we have a lot of capital improvements that. Where. Trips are either ending or beginning in the rural district. And they're kind of traveling along those those improvements. But then their growth in trips are also less. So there's less to kind of there's less trips to kind of spread the cost out among them as well. >> So they pay more because there's less trips. >> It's kind of their, their share of the impacts on the facility. >> And then, right. It's kind of there's, there's less growth. And so there's the, that district kind of impact on the facilities has to be spread out among less trips, if that makes sense. >> So it may make sense in some sense. But it does not make sense. I think, in terms of fairness. Okay. Any other information? Yeah. >> Other than David Jardine online to talk about. >> Let's hear from David. >> Chair, can you. Repeat your question for him? Because he was not here at the time. >> Oh, it had to do with the 179th Street Developers Agreement. I know one of my questions was if those are fixed in time. I also was asking. How many of those developments have actually moved forward? I think there's a great there's some big chunks that have not moved forward yet. So whatever you'd like to add to the conversation would be great. >> Good morning. David Jardine, traffic engineering section manager. Yeah, so the 1/79 Street D A had four developments on it. C four. Well it had more than that because it had the three creeks on a development agreement as well. But the the. Rate is fixed. Yes. Both the for the the average daily trips rate was fixed and then there was a surcharge that was fixed. All of those developments that had development agreements, all the residential ones, with the exception of the three creeks. And the 1/79 commercial, have moved forward and many of them are approaching their build out, if I'm not mistaken. But to to know exactly how many. Yeah, how many lots were developed. I believe that development engineering has been keeping tabs on on the collection of Tiff under those development agreements. >> Okay. I just wanted to get a general sense. Thank you very much. >> Sure. >> Yeah. I'm still stuck on that rural. And it does seem like the rural is ending up subsidizing the development that they that they may or may not even like to get where they're going. >> Sure. >> I don't know if anyone. It could be. That's an editorial comment. If anyone wants to comment, that's fine too. >> Sure I would, I would think somewhat the the opposite to some degree, because when you are rural, when you drive the roads, you're, I mean, most of these other districts like the, you know, the close end districts, most of their trips are going to be inside of their district, whereas rural. And I could totally be wrong because I don't live in the rural area. But it seems to me like they would often be making trips through those other districts. So I don't know if there's a perfect answer to that. >> Jeremy, again, County engineer, I appreciate those comments and I don't personally have a good feel for the knobs and dials for the model that was used on how those trips were allocated. But I appreciated Harrison's description of the methodology. And maybe just to frame it a little bit differently. And again, at risk of maybe oversimplifying it, it works as a fraction. There's a numerator and denominator, and it's really our capital facilities plan that serves as the numerator. And it's the, the growth capacity in those districts that serves as the denominator. And so with this capital facilities plan, as council's aware, that numerator has gone up significantly. And the projects that were carry over projects from the prior CFP, a lot of those costs have been trued up for the first time in a while. And so back to Harrison's comment with the rural, the rural will just have lower future growth capacity to spread that out among the denominator. So in some of those other districts, you have the the numerator going up, but also the denominator is still large. And that's just not quite the same case, or at least to the same scale with the rural area. >> Great. That's helpful. And when were these last updated? Has it been a while? Because that makes sense to me that we've delayed keeping up to date with these things. >> I believe there was a, a cost update done in 2022. And Harrison, correct me if I'm mistaken, right. Otherwise, I don't think it's been since 2016. >> No. Okay. So going back even further. All right. >> That's correct. And we put in now, which you have already approved the opportunity to look at this on an annual basis and tie it to their costs. Construction index. And then we have to come back to council, I believe, in three years for you to take a look at and then make a up or down vote. >> Great. Thanks for that reminder. Yep. Okay. No more questions from me. Anyone else? Is there a motion or. There is already been a motion. >> There was an emotion. Okay, but I'll move to approve item number 101. >> Seconded by councilor Belkot. >> Moved and seconded. Let's go ahead. >> Councilor Young Councilor Belkot I Councilor Fuentes, I councilor little. I chair Marshall I. >> Okay, I believe that's our very last vote on the comprehensive plan. So that's momentous. And then I would just add for the public that we. The comment period is open until noon on October 13th. The Council will be meeting at 1:00 on the 13th to make our official approval. Adoption of the comp plan. Well, the public comment is open. The expectation is that things are not really going to change between now, what we've adopted over these many hours to the 13th. Is that correct? >> I would say yes. Other than if you get public comment that supports further discussion from council. That's the purpose of open public comment on this. >> Okay. So there could be a window. All right. Anything else? Oliver? >> No, I think we've we're going to make a request either through Cyndie or through the counselor's office. I know my staff was sitting at the back taking note as they come, but all the amendments that you read, I would like to get a copy of that, because my staff will now be working to incorporate all those amendments so that they reflect through the the action of the Council in the adopting ordinance that we will come before you. >> So. And those should be sent to you, Oliver or Cyndie. Send them to Oliver. >> Yeah, send it to me. All the amendments. >> And I know some people have written them up and then they were modified. So as best you can reflect exactly what the motions were, that would be great. Okay. And then I just want to thank everyone. The council, the public, all of the staff. And I know we've kept you for some very long meetings. This has been a difficult, difficult process. And and we have the 13th for our final vote. But we're we're almost there. So with that and without objection, this meeting is adjourned.