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Commission weighs downtown open‑space rule changes; may allow waivers for private open space encroachments
Summary
Staff proposed clarifications to the TSDD downtown open‑space rules to prevent enclosed building space from counting toward bonusable open space and to define public vs private open space; commissioners signaled support for a waiver process that would allow limited private‑open‑space encroachments while precluding bonus credit for public open‑space encroachment.
Planning staff presented proposed amendments to the downtown TSDD zoning code to clarify how open space is calculated and when buildings may encroach over it. The two main changes are: (1) amend language so that enclosed, habitable building space (not just a 'brow' or shade element) cannot be counted toward the base or bonus open‑space requirement when it encroaches over open space, and (2) clearly distinguish public open space (accessible to the general public) from private open space (resident‑oriented terraces, rooftops) so each can be treated differently in bonus calculations.
Staff recommended that encroachments over public open space should not count for bonus or base open‑space credit. For private open space—such as a rooftop terrace—staff proposed allowing limited encroachments under a waiver process so the planning board and commission could consider context and design quality on a site‑by‑site basis. Commissioners discussed whether waivers could be approved administratively for small projects or whether commission review should be mandatory for larger projects.
Mark (planning staff) said most large TSDD projects already come to the commission during site‑plan approval, and staff would flag encroachment requests early in the review so applicants could design with the waiver process in mind. Commissioners generally agreed that encroached public open space should not be eligible for bonus credit and expressed support for a controlled waiver path for private open‑space encroachments that includes design review.
Staff will take the proposed clarifications to the planning board as a code amendment with the waiver framework for further review and recommendation.
