Planning commission directs staff to prepare packet and public hearing on converting commercial buildings to housing under state law

Planning staff introduced draft code amendments Monday to implement House Bill 10 42, the state law intended to encourage conversion of existing commercial and mixed‑use buildings to residential uses, and the Monroe Planning Commission voted to direct staff to prepare a formal packet and schedule a public hearing.

Penn (planning staff) told commissioners HB 10 42 "is intended to encourage the interior redevelopment of existing commercial or mixed use buildings, with the goal of encouraging more residential uses." The law defines an "existing building" as one with a certificate of occupancy issued at least three years earlier and requires jurisdictions to allow 50% greater residential density in buildings converted to residential use.

Nut graf: The proposed city amendments mostly remove land‑use barriers the state forbids, including the ability to require additional parking or extra exterior design standards for conversions; commission members approved moving the item forward for public hearing so the council and public can review the draft.

Details: Staff summarized that HB 10 42 requires cities to allow up to 50% greater residential density in areas that allow residential uses and prohibits several local conditions that would make such conversions harder. Specifically, staff said the city cannot require additional parking for converted residential space (it may require retention of existing on‑site parking), cannot require additional exterior design standards beyond what new construction requires, cannot require ground‑floor commercial uses except in major pedestrian corridors (Monroe’s downtown promenade) and cannot deny projects for existing nonconformities within the building footprint.

Staff noted building‑code issues remain: energy code requirements apply to the portions converted to residential, and other building code triggers (sprinklers, structural upgrades, seismic work) may apply. Penn said CEPA review (state environmental review) would be exempt for these conversions under the statute, and some permit checklists would need updating.

Vote and next steps: Commissioner Petrino made a motion "that we direct staff to prepare a formal packet for review and consideration and schedule a public hearing." A second was recorded and the chair called for a vote; the motion passed unanimously. Staff will prepare the formal packet, return the proposal to the commission for a public hearing in March, and then forward it to city council.

Ending: Staff emphasized the city intends to propose baseline code amendments required by the law rather than add local restrictions. The amendments must be completed by June 30; the commission scheduled the public hearing and will consider public input before forwarding a recommendation to council.