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Legal counsel: PDDs that permit commercial uses must allow middle housing by summary review
Summary
BFJ and city legal counsel told Shelton commissioners that planned development districts (PDDs) that permit commercial or mixed uses are not exempt from Public Act 25‑1; counsel recommended adopting an overarching regulation that applies to PDDs rather than amending each PDD individually.
Commissioners pressed consultants on whether planned development districts (PDDs) could be exempt from the mandate to allow 2–9 unit housing. Jason McCoy, the commission's legal counsel, said the statute applies where a zone permits commercial or mixed uses.
"It's because don't forget that PDD is its own zone," Jason McCoy said, explaining that if a PDD permits commercial or mixed uses as principal uses, it would fall within the statute and require summary review allowance of transit community middle housing. BFJ recommended an overarching regulation to ensure any PDD that permits commercial or mixed use development automatically conforms to the new requirement rather than amending each PDD separately.
Commissioners raised concerns about subdivided PDD parcels and the potential for multiple small‑lot residential conversions within an area. Consultants said area and bulk standards (lot coverage, setbacks, density, height and stories) are the primary local levers to shape outcomes and suggested preparing visual examples to test how those standards would operate across different lot sizes.
The commission did not adopt any regulatory language at the session and directed staff and BFJ to prepare additional materials for follow‑up meetings.
