Planning Commission - Regular Meeting

I take Let me have some You know what? All right, I think the time is 3:00. Staff are you guys ready to roll? All right, commissioners. We'll um Yeah. Yeah. We'll call this uh meeting to to order at 3:00 p.m. Um welcome um everybody to our May planning commission meeting. Um we'll start by um just briefly taking a visual um roll call and all commissioners are are present except um Commissioner Donnie Smith that represents district 10. Um, so he's absent. Um, at this time I turn it over to staff to read the opening statement.

Good afternoon. The Augusta Planning Commission is a recommended body. The final decisions on all zoning matters come before it today will be made by the Augusta Commission on Thursday, May the 21st at 2 p.m. in the Augusta Commission chambers at the municipal building. The planning commission makes the final decisions on all variances, including subdivision regulations. A handout describing the zoning procedures by which these cases are decided, is available upon request. The procedures also require that any applicant for a reasoning action or any opponent to an application for a resoning action who has made contributions aggregating $250 or more to a local government official within two years of the reszoning application to file a disclosure report with the governing authority. The disclosure report must be filed within 10 calendar days of filing the application and at least 10 calendar days prior to today's hearing. A minimum of 10 minutes shall be forwarded for the presentation of data, evidence, and opinions on each side of a reszoning petition or a special exception. If more than 10 minutes is afforded to one side, then the equal amount of time shall be afforded to the other side. The commission does encourage its participation in this hearing and there is no restriction on who may address the commission within the allotted time. But we do ask that the public comments be brief on subject and non-repetitive and directed to the commission, not to any individual or group.

Thank you. Um is there a motion to approve the minutes from the April meeting? Move to approve, Mr. Chairman. Second. It's been moved and seconded to approve the April U meeting minutes. All in favor? I oppose. Are the motions pass? All right. Now, we'll take our agenda from top to bottom.

All right. Good afternoon. The very first item on our regular agenda is Z-2606. This is a petition by Georgia 1602 Gordon Highway uh LLC on behalf of Georgia 1602 Gordon Highway LLC requesting to amend uh B2 general business zoning conditions from zoning case Z-22-56 to establish a uh convenience store affecting properties containing 2 acres located at 1602 Gordon Highway. Staff will present. Hey, Rachel Martin with Planning and Development. Um, this petition seeks to amend the conditions of zoning case Z22-56 to allow for the development of a convenience store. The request applies to an approximately 2acre track located at 1602 Gordon Highway. The proposed amendment would remove the requirement that the development must substantially conform to the concept plan submitted with the original reszoning application. The previously approved conceptual plan involved the development of a car wash on the subject property. The plan submitted with the application proposes the following. A convenience store that will measure approximately 4,500 square ft. It'll also have a total of 56 all street parking spaces and there will be a gas canopy with eight fueling stations. There will be two driveway entrances and a drive-thru restaurant measuring approximately 1,500 square ft. According to the 2023 comprehensive plan, the property is in the South Augusta character area and the findings are as follows. On Tuesday, September

20th, 2022, the Augusta Commission approved zoning case Z-22-56, a request to remove, I'm sorry, to reszone the property from B1 neighborhood business and LI light industrial to B2 general business subject to the following conditions. That the development shall cons substantially conform to the concept plan filed with the application. that the parcel shall be subdivided immediately subsequent to this approval in accordance with the presented concept plan and that this project comply with all development standards and regulations set forth by the city of Augusta Richmond County at the time of development. The development will include entrances along Gordon Highway and Tubman Home Road as a secondary access point. Section 4-2 of the zoning ordinance requires a minimum of one parking space per 150 square feet of floor area for a convenience store. Fast food restaurants are required to provide one parking space per 75 square ft of patron use area plus one space for every four employees. The conceptual plan proposes a total of 56 off- streetet parking spaces which appears to satisfy the minimum parking requirements for the proposed uses. However, the plan does not include the required loading zone for this type of development. The rear of the property abuts a single family residential neighborhood and requires a minimum 50 foot setback. The proposal complies with this minimum setback requirement. The site is served by public water and sanitary sewer services and according to FEMA, the property is not located within a special flood

hazard area. Additionally, there are no wetlands identified on the subject property. Public transit service is available approximately 50 ft from the proposed development along Gordon Highway. According to G Dot, Tubman Home Road is classified as a minor arterial. Adjacent zoning districts include R1A, one family residential, LI, light industrial, and B2 general business, with B2 being the predominant zoning classification in the area. The proposal is consistent with the Augusta Richmond County comprehensive plan and is compatible with surrounding zoning districts and existing land uses. At the time of this report, staff have not receive inquiries regarding the petition as advertised. Um, and we did receive a traffic engineering comment that they must include interior truck turning diagram. And that concludes staff's presentation at this time. Thank you.

Thank you. Is the petitioner present? Hey, good afternoon, sir. If you could give us your name, address, and any additional details on your petition.

Thank you, Chairman Boozer. My name is James Troder, 35 or 3615 Walton Extension. Just wanted to point out like she did, this is not a reszoning. This is already B2. It was downzoned from HI and LII back in 2022 to the B2, but it was restricted to the concept plan at the time, which was a um gas station. That developer went away and sold the lot, this particular 2acre lot to the current owner, and they're looking to develop this convenience store. Um uh I do know that they've got to submit some plans to address the truck turnaround. when they got this far through the process and realized they needed the resoning, they stopped working on that um to get the resoning in place first. So, also heard in the premeating some concerns about a potential liquor store. That's not in their plans. This is not a one, it's not a big chain that you would have heard of, but these developers have done a number of these and that's not part of their concept plan. Um, you do see a small restaurant on the side though. I'll be happy to answer any other questions you may have.

Thank you, Mr. Troder. Uh, commissioners, do you have questions of the petitioner? All right. Commissioner Spencer, Mr. Troder, um, would you be opposed if as with the last zoning that the development that it says the development shall substantially conform to the concept plan filed with this application?

Even you're late with that. I'm not opposed to that, but when we I would imagine they're going to have to redesign the site slightly to account for the truck turnaround. And so we um I would like if we could that the development conform to a convenience store of at least that many square feet and that many pumps. I would imagine they're going to have to rework the site slightly to comply with that comment from traffic from traffic. So if we if we do that, I'd hate to have to come back and go through this again. Is there any But they're not opposed to restricting it to a convenience store use if that's your question. That's my question.

Okay, we're certainly fine with that. That okay, legal. Thank you. Thank you. Any additional um questions or comments from commissioners to the petitioner? All right, seeing none, um anybody in the audience oppose this petition. All right, let's go to staff recommendations.

Okay, planning and development staff recommends approval of this requested amendment uh with the following conditions and there are five. very first one side walk should be provided one Gordon Highway and Tman home road adjacent to the property or the development. Uh two that all proposed lighting fixtures um shall be fully shielded and directed downward to prevent illumination of adjacent residential properties. Three, um, include a minimum 40 foot buffer along the rear of the property, um, including a double row of trees consistent with the tree, uh, or the buffer requirements of the Augusta tree ordinance. The development shall comply with all other applicable provisions of the Augusta tree ordinance. Number four is that approval of this resoning request does not constitute approval of the conceptual site plan submitted with the application. Uh the proposed development shall have obtained site plan approval in accordance to the site plan regulations of Augusta, Georgia prior to commencement of any construction on the property. And the final condition is that the development shall comply with all applicable development standards and regulations for the city of Augusta, Georgia as amended in effect at the time of development. That concludes staff's recommendation.

Does the petitioner accept these recommendations? Yes, we do. All right. Um, is there a motion? I move that we accept the conditions presented by staff with the additional condition of this is only a convenience store. Second. You may want to add restaurant. Yeah. Well, the restaurant's part of concept. So, as long as it's only a convenience store and restaurant. Second. All right. Moved and seconded um to approve this petition with the um stated recommendations. All in favor?

Any oppose? All right. Thank you. This um petition has been approved and moved to the full commission. Um what was the date, Amber? May 21st. Okay. All right. Thank you, Mr. Troder. All right. To the next item.

Next item on the agenda is Z-2607. This is a petition by uh Kini Sha. I hope I'm saying that right. Pulum on behalf of Joel Pokum requesting a resoning from zone R-1A1 family residential to B1 neighborhood business to develop a daycare center affecting property containing 0.57 acres and located at 2933 Deansbridge Road. Staff will present

Manda Cruz Planner 1. The applicant is requesting to reszone 0.57 acres located at 2933 Deansbridge Road from R1A1 family residential to B1 neighborhood business for the purpose of developing a daycare center. The proposed facility will provide early childhood care and educational services for children ranging in the ages from 3 months to 6 years. According to the 2023 comprehensive plan, the properties located within the South Augusta character area, established activity centers are identified as focal points for enhanced recreational and educational opportunities, retail investment, and job creation. Additionally, the plan recommends encouraging commercial development near major intersections um near underserved neighborhoods as an appropriate development pattern within this character area. The concept plan submitted with the application indicates that the pro proposed development will include a total of 10 off- streetet parking spaces, a playground area in the rear enclosed by a 4ft chain link fence, one detention pond at one uh dumpster with enclosure, and two one-way access points to the site. There is no recent reszoning history associated with the subject property. Uh section 4-2 of the zoning ordinance requires a minimum of one parking space for every four children at maximum occupancy for a daycare center. Four of the spaces shown on the concept plan obstruct the required drive aisle uh which must maintain a minimum width of 24 ft. These spaces will need to be relocated to ensure compliance with the minimum parking and access requirements. According to the FEMA flood insurance

rate maps firm, the property is not located with within a special flood hazard area based or according or based on uh the Augusta Richmond County GIS data, no wetlands are identified on the subject property. The nearest public transit stop is located approximately 400 ft from the property. According to the Georgia Department of Transportation state functional classification map, Deansbridge Road is classified as a principal arterial. Uh, per chapter 8-4-13 of the Augusta Tree Ordinance. A minimum 10-ft side buffer and a 20ft rear buffer are required. A minimum 10-ft street yard is required for the site. Based on the submitted plan, the project does not appear to comply with the required buffer standards established by the tree ordinance. Adjacent zoning districts include R1A1 family residential to the north and east. The remaining frontages along Deansbridge Road consist of a mix of B1 neighborhood business and B2 general business. The proposed resoning request to B1 is consistent with the 2023 comprehensive plan and compatible with the surrounding land uh uses along Deansbridge Road. At the time of completion of report, staff have not received any inquiries regarding the petition as advertised. Um and we received a comment from traffic engineering um that the petitioner investigate for a right turn lane. And that concludes staff presentation.

Thank you. Is the petitioner present? you come up. Give us your name, address, and any additional details on your petition.

Hello. Um, my name is Quicia Poke. My address is 3857 Chris Drive, Hipsville, Georgia 30815. Um, I just wrote up some stuff because I may things. Can you guys hear me? Yes. So, um I am I just wanted to let you guys know I am passionate about working with children and I aspire to open a daycare center dedicated to supporting their growth and development. I find great fulfillment in observing children learning and progress each day from infancy through early childhood. My goal is to provide high quality care in a safe safe nurturing environment that fosters development while offering families of mind. I am committed to creating a space where children feel secure, valued, and most importantly at home. Um before deciding to purchase this property, I took time to research the area to understand if there was a real need for child care. I visited the neighborhood multiple times, spoke with local residents, and also talked with employees from nearby b businesses. From those conversations, I found that there are many working families in the area area who either live nearby or commute along Dean Bridge Road daily. Based on that, it became clear that there is a need for a quality childcare center. Many families in this community commute for work and need reliable child care close to home, which is important for working families. I remember having to travel 25 miles away to take my kids to a quality daycare and I live in the Heepsa area. There is also need for child care for soldier soldiers on Fort Gordon Gordon Military Base, which is about 8 miles from the property. They have complained to me about the child

care center on base not having spots for their little ones. As someone who understands how important it is to have dependable child care, I want to be a part of the solution. For me, this is more than just a business. It's about supporting families and making a positive impact in the community. My initial plan was to open a home daycare, then eventually open a center to create space for more children. but I just decided to do a center. Um, this location is ideal because it is accessible for families in the surrounding neighborhoods near major roads and interstates and approxim approximately size to meet state licensing requirements. The property will include a designated parking area in the back for safe drop off and pickup, a secure entrance to control access, and a fence outdoor play area located away from the road for safety. I want to take a moment to acknowledge the concerns that have been shared. I understand that any change in the neighborhood can feel concerning, especially when it comes to traffic, noise, and safety. So, as far as traffic, um parking is located in the back of the property, so there will um be no traffic on the main road. Um we plan to have staggered drop off and pickup times and ensuring a safe flow of vehicles of vehicles so it does not overwhelm the neighborhood. Um, as far as the noise, um, it will be like your typical family environment. Um, the program will follow a schedule and outdoor play will be limited to appropriate hours. It will be super supervised to ensure it it remains respect respectful to the surrounding homes. Please know that my intention is not to disrupt the community, but to be a positive and responsible addition to it. I have put thought into how this center will operate, include including managing traffic flow, maintaining a

schedule, and following all state safety and licensing requirements. Safety and respect for my neighbors and the neighborhood are top pri my top priorities. Um, and thank you guys for taking the time to hear my request. I truly believe this childcare center will be a valuable resource for working families in this area. My goal is to not only provide quality child care, but to be a positive and responsible presence in the neighborhood. I appreciate your consideration. Thank you. Um, commissioners, do you have questions for the petitioner? All right. Seeing none, anybody in the audience oppose this petition? All right. Um sir and ma'am would you um do you want to express your opposition? Okay. If you come to the podium and give us your name, your address, you have a balance of 10 minutes and if you can make your comments directly to this commission.

Yes, sir. Thank you for having me. Uh my name is Keith Wells. I live at 2929 Deansbridgeidge Road uh adjacent to this property. My driveway is approximately 110 ft from the entrance way to this which is approximately about 90 ft to the exit way uh coming out. Deansbridge road is considered a high traffic by department of uh by the DOT. We are considered a 28,000 vehicles per day and this is considered a hightra corridor. When you are coming down the south side when you're heading down Highway 1, also known as Deansbridge heading south in the winter time the sun is directly in your eyes. You can't see anything hardly in front of you. We have watched multiple 8 to 10 car accidents out in front of our house since we've lived here. We've lived in this house since 1988. We're the oldest residents on the whole block. I took time and I I I forgot to bring my petition with me, but I took time to go down the neighborhood and talk to the people in the neighborhood. Two people weren't home. Uh Mr. EPS, which is two doors down from me. He was not in favor of this because of traffic concerns. Four doors down from us, Mr. uh Adam Taylor. Uh he's not in favor of because of the traffic. Next to him is Randall Keys, whose grandmother originally lived in that house. We knew her Miss Keys. uh and he's concerned about not only the traffic but the fact that this has been a residential area for three quarters of a century or more and he doesn't want to see this changed. He actually called this the last b excuse me he called this the last bastion of civilization on Deanbridge Road. Um I'm concerned about and I I had some other pictures in addition to these. I

didn't know if you wanted to see him or not, but we are talking about the traffic conditions there even when it's light traffic can back up almost to that uh road. He also he cut a driveway down one area which you had pictures of that. I have no idea how that got permitted with the mud walls. There's no brick to it. So, those are going to fall in. If you look at the earlier right there, that picture uh that is not braced up. There was a sign, a cross traffic crossing sign for the family dollar which is now laying on the ground on the other side that was pulled out of the ground and laid down. I got a pictures of that, too. Um, but we've been here, this is our golden years. We came in as youngsters in this neighborhood. Uh, Miss Roberta originally had that property. Uh, and uh, we knew her, we helped her as she grew older and passed away. on the other side of us, the Wideners. I don't know if anybody of y'all remember that name. Uh I'm sure Widner's firearms and stuff. That was Donald Wid.

Okay, then you know. Yeah. And Miss Edith Widner's right was right next door to us. We originally rented the place from her and then we bought her from her and this went back to my wife was there in 1988. I moved there in 1990. We got married very shortly after that. And uh we bought the place from Miss Widner in 1995. We transferred it over to a bank loan in 1998. We have dogs. We have a fenced in yard where we have two German shepherds uh that are going to be right up against this place. This is really concerned about that too. These kids about driving these dogs nuts. Now we don't leave them out here. They're indooroutdoor dogs, but they go out for a couple hours in the morning, a couple hours in the evening. And also with the traffic that they're talking about, we have three within a thousand feet. We have three child care centers right there on Wheelers Road. If you go within a mile, we have five. We have a major one at the Boys and Girls Club down just past Millersville Road on Wheelers Road. We have crooked daycare right across the street from them. Basically, we have the three daycare centers that as soon as you turn on Wheelers Road, there's one on the left, one on the right, and half a block down another one on the right. So we basically over indidadated with child care. This is not a need here in the neighborhood. It's not a specific need in the neighborhood. And everybody that we've talked to in the neighborhood is opposed to this. And I'm sorry I didn't bring my petitions. I left them laying on the table when I left the house to come here. Um,

I would just like to say that when they first bought the property and came over there, they said they were go his that the wife was going to babysit six children along with her children, which we really did not have a problem with that. But when you're talking about dropping off 25 to 50 children during rush hour twice a day on Deansbridge Road, I really do think it's going to be a problem. And and I want to add to this too, what we were originally told, which we did agree with, they were going to move into this house. They had three kids. He told me they were going to go to private school and he wanted them to have some friends. So they were going to have six additional kids there so that each kid would have basically two friends that they could have, you know, from, I guess, wherever, somewhere else other than a private school.

And we don't have we didn't have a problem with that. But when you're talking 25 to 50 children, which they said they would when they moved up to whatever the government will give them. Yeah. Whatever the state will allow, which is way well way well way well more than six. Um and and I'm sorry, but I think we should have some sort of say because we are the oldest living people in this neighborhood and we have been here since, you know, we're talking 38 years. It's 362. Yeah. 38 years. Um, and I think that should hold some standing here. And as I say, our driveway is 100 feet away from this. So, we're really going to be the ones that get the traffic in front of us.

Thank you. Thank you. Appreciate you taking the time. Thank you for your comments. Um, Commissioner, so you heard the opposition. Um, do you have any additional questions or comments for either side? Uh, Commissioner Davis. Yeah, I have a question. Um, I heard you say that you talked to the people in the neighborhood. Mhm. And from what he's saying, it doesn't seem like you did. So, can you clarify that? Um, yeah. I think he's referring to the people that live on that the main road. Um, I went towards the back where it's like apartment. It's an apartment complex and multiple houses. That's where I'm going. I knocked on doors, but no one answered. You talked to the people right next door. I didn't. No. No. No. No. I talked to Mr. Kevin. You talked to You talked to Mr.

Yeah. I talked to Mr. Kevin before this meeting. Um, and I told him, I asked him if he was okay with us doing a childcare center here. I even showed him the parking, the the gated um the gate that was, you know, in the back that we created. Um, he said he was okay with it, but he did have he had some concerns about the dog. Um, he didn't want the kids out, you know, messing with the dogs. And I was like, you know, thank you for telling me, but I had already, you know, considered that um that fence to block that off. Um but he even said that he was willing to have his 16-year-old daughter, you know, come work with us if we were to open. And I talked to him. He was the first person I talked to.

So you talked to people back in Regency. I don't know the name, but there's when you go Yeah. But I came to Mr. Kevin first to see if it was okay. Question also. I know he brought up about that you added. And um I guess my thing was a fence. Um when I saw that being put up before this even came to us, that is just not appealing at all. I mean, is there any way you can I don't know what you can do to make that more appealing. I mean,

no, we're we're willing to do whatever we need. We honestly did not know. We were just trying to make it safe. Um, but we're we can change it. We can cut it down if it's too it's too tall. Um, and we're not even done with the the driveway because I know he mentioned the, you know, the dirt there and it's it's not done cuz we we were just like maybe we should hold this out until we talk, you know, have this meeting. Um, thank you. Hold on just a second. Commissioner Rice, you did you have something? Yes. I wanted to ask I'm coming in late to this but uh how many children?

So we don't decide that decal um state they look at the amount of space we have and then they approve an amount but we pref we would like to have at least 20. So somebody come in and tell you how many they passed and we won't commission and then before the commission we won't we won't know I mean already passed. I'm just trying to figure out. Right. So, as far as I know, they have to come out and look at the space, the amount of space that we have.

Um, and they can't do that unless I guess, you know, get the business license state or we can tell them to come out first maybe before we Yeah, I didn't. You probably could ask them to come out and see how many your could be. Yeah, I can do that. She's already answered and she's saying that they're looking for 20. So, it doesn't seem like it can go more than 20, right? We don't think we're going to go. It's not that big. It's not that. We had pictures. Um, but it's not that big. It's not. But the maximum you think is probably 20. 20 or 18. Yeah, cuz it's

But it sounds like no more than 20, right? But I can get that exact number, you know, if you guys So, One more. Wait a second. Commissioners, let's suspend for a second. I see you, Commissioner Larry. Let's let Commissioner Rice bring her comments to a close and then I'll acknowledge the next commissioner. Thank you so much. Also, what hours were you having?

So, I was thinking maybe 6:45 or 6:30. Um because I did go by to um multiple dayc carees as well and it seems like the early the they open like at 6:30. Um so I could maybe I want to do 6:00 and maybe close at maybe 7 cuz a lot of them close at 5:30 or 6. Um 7 or maybe 6 I'm not really sure or 6:30 or

that's what this is what personally concerns me is that there's no time frame like from 6:30 to 5:30 or 7 a.m. to, you know, because that's going to raise questions to the to the residents in the neighborhood, too. Times are the children going to be if they aren't picked up on time, are they going to is they're going to spend the night overnight and all that? I agree. Yeah, because I spoke with residents they per So that it is multiple daycarees in that area and well from the residents that I um spoke to they I guess the need is for someone to open up earlier. Commissioner Rice, I I apologize. If I could just interrupt for a moment.

Absolutely. Okay. Um that's getting into specifics that aren't zoning as far as the hours and stuff. all of just remembering that the plans everything for what is going to be built and all that has to come through in administrative approval anyway. Um but yeah, I understand how that would what you're saying but yeah because these are going to be questions that are going to be asked before the commission. So just to prepare y'all idea that these are going to be questions that we're ask. Thank you. Okay. Um, Commissioner Mcnite.

Yeah, I was um someone either the staff could enlight this proposed um entrance. I mean, what are the likelihood of them getting a a secondary entrance on that lot into it? Oh, the second one is there. Yeah, that's what it showed back.

It's a U shape. So, it's a oneway in wrap around the building to the rear and a one way out. Um but based on the feedback from engineering there may be a um opportunity for a turn lane to enter in because the high-speed nature of the bridge. So there may be as part of the site internal site plan review process there may be mitigation and the in the terms of how to access and exit the property um that would require city approval. Commissioner Larry. Yeah, in your business plan, um there the the state's going to mandate a number of employees per uh child,

right?

Uh you're somewhat limited on your spaces. So, I guess my part of my concern is let's just say everybody showed up the same time. I don't believe that you have adequate space to hold everyone. And I know people come in. I've got four children and 10 grandchildren. I know that you work, but if you've got 20 kids and they allow you just to say one adult per child, and I think it's less if you're the the younger they are, your parking spaces are unless you are going to relocate them somewhere else, they're you don't have access to them. Do you understand what I'm saying? as far as the parking or because so I guess

you've got to have some huh yeah you've got to have you know a spot for I guess your employees to park or you're going to park them somewhere else and then you've got to have someplace for your parents to come in and let their I know you you've got that circular drive but you you've got to you've got to adequately provide that for them and let's just say I'm running late and you're in my and I'm trying to drop my kid off and you're wanting to tell me about them having the flu. I I I I'm just concerned that we don't have enough information. So, this Oh, sorry. Yeah, you can you can respond.

Oh, no. So, that's um would be like the minimum amount of parking spots, but we we do have space to create more um if that was

satisfied. Okay. All right. Hold on just a second. Commissioner Davis, Commissioner Prince, did you have something? Commissioner O'Neal. Well, the commissioner Larry had me thinking as to how with um with engineer saying they may need a del lane and if everyone does come there to pick up their children, where would they be cued to not cause back up on on the main road getting up into I can understand the back spaces being enough for her staff because people are going to be dropping kids off. They're not going to be staying there.

But when the when the parents come, how how are they going to be queued in the back and not actually be tailed out? My niece goes to Warren Road and they they're always spilling out onto the main road in there. But I'm thinking maybe we can solve that by saying if we're going to approve this that we will allow just 20 kids that we can say these are operating time that we would approve um to help some of that. But that's the only thing I would want to have an idea if all see a show, everybody trying to get there by 6:00. How are you going to get them in and out of there?

Um, so we we like I was like I mentioned, we do have, you know, enough space to add more um parking spots. And a lot of times it parents just pick up, drop, you know, pick up and just run out. Sorry. Um, you don't see you don't see if all your parents that come that they're going to spill out onto the main road there? No, we have enough space in the back. And I've I've we've had multiple cars just to see we had multiple cars parked on both sides just to have an idea if you know if that were to happen.

But it's Uh, can I make a comment about the parking real quick? Yeah, sure. I don't believe you all were at the premeating or I'm not sure if you rece I believe you guys received the staff report, but four of those spaces that you guys provided um are in the access drive area and so they will have to be relocated or removed. So with the six spaces that are provided here, um multiply that by four, then you get a maximum of 24 kids. Okay?

Unless you could find parking somewhere else on the site, you finite spacing with this property given the size of it. Um the alternative is going back before this Boris with a parking variance. Okay? And so they would factor in some of these same issues with the adjacency of the neighbors and all that um in their determination of whether or not you know a relief from that would be appropriate. So 24 is the max based on what complies with city codes at this point point in time.

All right, I'm going go to Commissioner Davis and I'm coming to you. Uh Commissioner C. I was I was just thinking that um I really think this problem needs to be postponed because there's a lot of unknowns and the number one unknown is how many kids you're going to have and I understand business if the state says you can have 30 you going to have 30 or you're going to want 30. So I really think this needs to be postponed. I mean because the number one thing you can go to the state or you should know from square footage how many kids you should have I would think and I would think that should be you know that should come to us first that's my comment thank you

so let hold on um to the petitioner so it seems like there um might be an appetite to postpone your petition to the um next um planning commission meeting to give you an opportunity to work with staff and perhaps um sharpen your petition. If that was to be a uh a motion, would you be um open to postponing to the next planning commission meeting? That's okay. Okay. Motion. Second. Thank

I have a question um just before we go on on both sides of that property. Are there residential homes? Oh, we got we got Yeah, I thought we I just wanted to ask that question before. Yeah. Um chair, does the petition have all the concerns that we would want to hear clarification on? Well, we know that she she may or may not, but what I suggest is um you know, we have a next um you know, it's going it may be postponed. So, if we have some additional

So, we have any additional um questions for the petitioner, we can get that to the staff so that they can work together on on those. I'd like to put one is that I'm I'm worried that what you have drawn here does not meet the setback requirements of the city. And I that's something that I would look at because I would hate for y'all to go down this road and then find out that you can't get this approved because you don't meet the minimum setback.

Okay. So, commissioners, there's a there's a motion and a second to postpone if you have additional questions about this petition. We can forward them to the staff and they can work with the petitioner on getting those addressed. All right. It's been moved and second to postpone this to the next planning commission. All All in Well, let's do a roll call. Amber, could you roll call to postponement for us? Second. Yeah. All right. So, we have a motion to postpone Z2607 into our main June meeting. Roll call vote. Commissioner Neil, how do you vote on a postponement? Yes. To propo postpone. Thank you. Commissioner Prince, yes. Postpone. Commissioner Davis, yes. Commissioner Malice, yes. Commissioner Larry,

yes. Commissioner Mcnite, yes. Commissioner Cooks, yes. Commissioner Spencer, yes. Commissioner Owens, no. And Commissioner Clark, yes. Thank you. So, we have been postponed to our June meeting. Thank you. All right. So, your petition is postponed. Um, so, um, if you could just work with the staff and they may have some additional concerns from this commission and, um, I'm sure they'll help you try to navigate and to improve your petition. Okay. Thank you. All right. All right. Yep.

Final regular item for consideration is SE2607. This is a petition by Harmoni Towers Asset Co. LLC on behalf of Bonnie Reeves Hayes. Um requesting a special exception from section 28A 5A of the comprehensive zoning ordinance. Did I get too far? I'm so sorry. Number five is uh I'm getting ahead of myself here. Uh Z-26, thank you. 2608. This is a uh petition by uh LEAC um Holdings LLC on behalf of ABW Properties Group LLC. is requesting to amend B2 general business uh zoning conditions from zoning KZ-07104 to establish an automotive service station and repair garage for specialty vehicles affecting properties containing 1.03 acres and located at 1650 Bon Chapel Road. Staff will present.

Amanda Cruz, planner one. The petition requests an amendment to the zoning conditions associated with a previously approved resoning case Z7104 to permit the establishment of an automotive automotive service station and repair garage for specialty vehicles. The request applies to approximately 1.03 acres located at 1650 Barton Chapel Road. The applicant is seeking to remove four of the six approved zoning conditions. The conditions proposed for removal are as follows. One, no access to Sharon Road. Two, a 10- foot buffer conforming with the Augusta Richmond County Tree Ordinance side buffer yard requirements, including a 6-ft solid board fence along Sharon Road rightway with no gate except as required by fire codes. Three, the use shall be limited to a landscape service business or those uses allowed in a B1 neighborhood business zone. And number four, should the property be sold, the zoning shall revert to B1 neighborhood business. The concept plan submitted with the application proposes the following. a one to twostory service shop building with approximately 2400 uh uh 2400 square ft um area designated for future expansion. Uh two driveway entrances with access along Sharon Road. A total of 14 off streetet parking spaces. Retention of a 30foot natural buffer between the site and adjacent residential and industrial properties. According to the 2023 comprehensive plan, the subject property is located within the Bair character area. This

character area is described as a suburban setting characterized by medium density residential development and well planned communities. The plan anticipates continued expansion of public facilities and services to accommodate a growing population. On Tuesday, February 5th, 2008, the Augusta Commission approved resoning case Z-7-104, which reszoned the property from R1B1 family residential to B2 general business subject to the following conditions. No access to Sharon Road. No freestanding signage within a 100 feet of the rightway of Sharon Road. A 10-ft buffer conforming with the Augustic Richmond County tree ordinance. Side buffer yard requirements, including a 6-foot solid board fence along Sharon Road rideway with no gate except as required by fire codes. Building shall not exceed two and a half stories or 45 feet in height. The use shall be limited to a landscape service business or those uses allowed in a B1 neighborhood business zone. And should the property be sold, the zoning shall revert to B1 neighborhood business. Section 22-1B13 permits the use of automobile service stations and automobile repair garages where no body or fender repair takes place provided that all repair work and vehicle storage be conducted within an area enclosed on all sides by solid wall or furnished board fence not less than six feet in height and maintained in good conditions at all times. No dismantling of vehicles to obtain auto parts or other activity shall be conducted. Such use shall be located at least 100 feet from any residential district or use. Such use um let's see there shall be no opening in said building um on any side facing a residential district or use other than a stationary window and non-conforming automobile repair and garages and

automobile service station shall be made to conform with subsections A and B of sections 22-113 of this ordinance as presented in the concept plan. The proposed service station does not conform with items C and D. Um, it is not 100 ft and it does have openings. Um, the applicant has applied for variances through the board of zoning appeals and that will be heard on May 18th. The site is served by public water and sanitary sewer services. According to the FEMA flood insurance rate maps firm, the property is not located within a special flood hazard area. Based on Augusta Richmond County GIS data, no wetlands are identified on the subject property. Public transit service is not available near the site. According to the Georgia Department of Transportation GOT state functional classification map of 2016, Barton Chapel Road is classified as a minor arterial and Sharon Road is classified as a local road. Adjacent zoning districts include R1B1 family residential, light industrial agriculture, and B2 general business. The proposed request is inconsistent with the 2023 uh Richmond County comprehensive plan and is not compatible with the surrounding districts and existing land uses. Staff have not received inquiries regarding the petition as advertised. We did receive comments from traffic engineering. Um they stated that um the applicant would need to ensure driveway is adequate is adequate distance from Sharon Road and investigate location of driveway. And then during the premeating um engineering stated that this section of Barton Chapel will be part of the Barton Chapel redesign of the roadway and that some of the frontage of this um site might be taken away. Um and that concludes staff presentation.

All right. Thank you. Is the petitioner present? All right. If you come forward and give us your name, address, and any uh new details on your petition. Good afternoon. Uh and thank you for your time today. Uh my name is Mark Leisac, and I'm joined by my wife, Lisa. Uh our address is 5454 Victoria Falls in Grovetown, Georgia. Uh this request removes certain conditions that have been kept uh the property vacant for the previous uh over 15 years. The proposed use is a small low volume appointment-based specialty automotive facility uh and it's really designed to be low impact uh with natural buffing uh buffering to uh account for the resident that is right next to it and closely controlled operations. Uh this also allows the property to be uh reasonably developed uh in such a way that remains uh compatible with the surrounding areas. I'm currently serving active duty in the US Army and I'm planning to use this as a long-term business uh following my 20 years of service. Um during the pre-planning meeting, uh there was some discussion revolved around sidewalk implementation and the right of access with the future development along Barton Chapel Road. I just want to state up front that I'm not tied to having access off of Barton Chapel Road uh based on, you know, to make sure it meets the additional or any new uh conditions from uh that that development might uh project. Um so I'm flexible there. Um, and I would also like to state that it's not really clear to me about the intent of the sidewalk implementation uh condition, but I am flexible and uh with the implementing a feasible and suitable plan to really support the community there.

Thank you. Um, commissioners comments, questions for the petitioner. All right, seeing none, anybody in the audience oppose? I do have this petition. Okay. All right. You you say it's low volume. What what is what is the definition of low volume?

That's a good question. So I think the best way I can describe it is the business model is really looking at um I describe it as like rehabilitation of vehicles. So my background is in engineering. Um so each approach is really tailored to like that unique uh customer. Um, so I really don't even like to use the words repair in in this sense, uh, because it could really be a a holistic build that will require like a lot of thought, planning, um, and deliberate, uh, timing and sequencing. Uh, so low volume in the sense is not it's not the um, you know, discount tire that's, you know, might be in in main part of town. uh it's going to be more in the sense of uh more deliberate and uh long-term builds. Not to say like there won't be like short turnaround projects, but that's not the intent of of my expertise or my background. Uh so it's really to look at older vehicles um and rehabilitate them to a safe driving condition.

Okay. Commissioner Cooks, when you say rehabilitate, are we talking about body work? Are we talking about engine work, suspension? What are we talking about?

Right. So, I am not a bodywork guy. Um, I actually try to contract all of that out. Um, I'm not to the level of detail of like doing engine work uh in that regard. So, it's going to be like the vehicles that have sat for like 15 20 years that really just need um a lot of services in the sense of uh getting them back to a safe drivable state. Uh but I don't want to exclude engine work in the future. So, I kept it very open-ended in in my request because in the last 15 years, I've gathered a lot of additional skills when I first uh started working on vehicles. Um, but I will say like I am of the mindset of a lot of the work or I will say like my my intent is to purely work in enclosed uh and and build a suitable workspace uh because I mean you can ask my wife here. I'm very particular about my cars. Um I don't like them in the sun. I don't like um in the weather. Uh and and this is why I I kind of also included like an expansion area depending upon how uh the business grows. So I wanted to plan it up front where I would have enough space uh to be mindful of the community and things like that and also just making sure the vehicles are taken care of.

Additional comments. Um Commissioner O'Neal, you mentioned sir that you have a question about the the sidewalk.

Yeah. in the sense of just making sure it meets the intent of of the implementation of it. Um because it seemed like the sidewalks was discussed in the sense of oh it's to facilitate the movement of residents but then there's also maybe some concerns of maybe we want to keep it separate. So I just want to say I'm really flexible with the sidewalk implementation. Um my initial thought and and again I'm very deliberate in my planning but uh my initial thought would be like maybe the sidewalk implementation should be along Barton Chapel um potentially not including Sharon for that that sake but again I'm I'm really flexible with that. I just didn't want the the approvals to be too constraining in that regard. I just want to make sure it's reviewed appropriately.

All right. Additional questions or comments from petition? I mean um from commissioners. All right. Seeing none, um we'll move to Do you mind if I add one more thing? Oh, yeah. Absolutely. Absolutely.

We did go door to door, my husband did, and actually spoke to the residents and or left a letter on their doorstep and he was able to speak to that resident right next door that you see there. Um and they had a nice conversation and he can tell you her exact words, but she was okay. And our big intent is community. Um we're we're military, but community means a lot to us because we don't get to experience it that much. So when I find a good one, we grab hold and try to improve upon. Hence the respectful barrier that we do intend to keep um and or grow um to maintain that community that is there um on Sharon Road there. So we are very respectful people and we do love this Augusta community and we hope to thrive and dwell in it at the same time. So he can tell you the exact wording of the neighbor but we did have the intent. We also have the letter with us. You can see the exact wording that was given to the residents around us.

Thank you.

Did you have anything additional sir? I mean just to add on to that um when I put because my intent was not to knock on anyone's and disrupt anyone's uh but when I did place a letter on the doorstep the immediate resident right adjacent to the property off of Sharon Road um she she actually opened the door as I was walking away and uh I introduced myself um and I think her initial reaction was like oh development and you can tell like eyes of like concern but once I explained you know a my background and like what my intent was she was completely completely relieved. Um and she was like good luck. Like like that was the vibe I got from her. So it was like really reassuring in that regard that we can build relationships in in this area.

All right. Thank you. Um staff recommendations.

All right. Planning and development staff uh recommends denial um of the amendment um due to proximity of proposed use to adjacent residential properties. Ideally, it would be more of a neighborhood serving use. Um that would be the ideal for this part particular location. Should the board uh move to approve uh this retzoning petition uh staff recommends the following conditions and there are a total of eight. Uh the very first one is sidewalk shall be provided along Barn Chapel Road and Sharon Road adjacent to the development. Number two, all lighting fixtures um shall be fully shielded and directed downward to prevent light spillover onto adjacent residential properties. Number three, the development shall comply with the gust of tree ordinance. Number four, the that no um freestanding sign shall be permitted within 100 ft of the Sharon Road rightway. Number five, uh, building shall not, uh, exceed two and a half stories or 45 ft in height. The next one is approval shall be contingent to approval. I'm sorry. Approval shall be contingent upon the granting of necessary variances from the border zoning appeals, including relief from the requirement of the 100 foot building separation from residential uses and the restriction of building openings facing residential properties. Number seven, approval of the resoning request does not constitute approval of the conceptual site plan submitted with uh the resoning application. The proposed development shall obtain site plan approval in compliance with the site plan regulations of Augusta, Georgia prior to construction commencing on the property. And finally, number eight is that the development shall comply with all development standards and regulations set forth by the city of

Augusta Richmond County, Georgia as amended at the time of development. And that concludes staff's recommendation. Sir, if there was a motion to approve your petition, do you accept those recommendations from staff? Yes. All right. Chair will entertain a motion. to offer um a motion to approve the uh petition with the uh conditions presented by staff. I'll second that. All right. It's been moved and seconded to approve this petition with the recommendations from staff. Um all in favor?

Any opposed? All right. All right, sir. This um recommendation will be advanced to the Augusta Commission. Thank you for your time. Appreciate it. Thank you for your service, sir. Thank you. All right. We'll move to the what I believe is the final item.

Yes, sir. It's SE uh 2607. This is a petition by Harmony Towers Asset Co. LLC on behalf of Bonnie Reville uh Hannes and requesting a special exception from uh per section 28- A5A of the comprehensive zoning ordinance to establish a telecommunication facility um affecting property containing 0.23 acres of a uh 69.73 acre tract located at 4816 O Wingsboro Road. Staff will present Good afternoon. Ashley Caterton, development services administrator. The um for this request, Harmoni Towers has partnered with Verizon Wireless to propose a new wireless telecommunications facility that's going to be located at 4816 Old Waysboro Road. The applicant is seeking approval to establish a 293 foot tall telecommunication tower which is permitted by special exception in the agricultural zone for a special exception that applies to approximately 0.23 acres out of the 69.773 acre tract that's currently zoned agriculture. The remainder of the tract will remain vacant and undeveloped. For comprehensive plan consistency, according to the 2023 comprehensive plan, this property is located within the South Richmond character area. This area is primarily rural region characterized by agricultural uses and large estate lots and lowdensity residential communities with inner sub suburban and commercial development. The vision for South Richmond reflects maintaining its predominant rural atmosphere characterized by large tracks

of forest land, open space, rural residences, and some farms and creeks. Additional suburban residential and commercial development will locate in areas designated for such uses. Public facilities and services will be expanded as necessary to accommodate the growing population. Four findings. Number one, the applicant submission included an above a various amount of documentation and information to support this request such as the following items. Um, they included a project narrative, a site data sheet, a statement of compliance for section 28A of the comprehensive zoning ordinance and additional maps. Number two, the proposed wireless telecommunications facility will consist of a 289 foot tall tower within a 100 foot by 100 foot which is 10,000 square ft leased area. The tower includes a 4ft tall lightning rod affixed to its top. So which would be a total of 293 feet altogether. The nearest residence is approximately 3 miles east from the proposed structure. Hermani Towers has an agreement with Verizon Wireless to develop this site for its wireless network. In addition to Verizon, the applicant states that the site will be offered as a shared facility to any other communication carriers that have a need for a facility in this area. Verizon Wireless has acquired the necessary licenses from the Federal Communication Commission, the FCC, to provide personal communication services, PCS coverage throughout the United States. These licenses include Augusta Richmond County. The proposed services installed will provide advanced uninterrupted PCS services to the residents of Augusta Richmond County,

including wireless phone service, voice paging, messaging, wireless internet, and broadband data. The proposed facility will be unstaffed and will only require service technicians who will report on site approximately once a month. Armani Towers and Verizon Wireless will also comply with all FCC and FAA rules and regulations regarding construction requirements and technical standards. There is no recent zoning history for the property. This property is not located within a special flood hazard area. And according to the Augusta Richmond County GIS map later, there's no wetlands located on this property. According to GOTOT, Old Wesboro Road is classified as a minor arterial route. The adjacent properties are zoned agricultural. The proposal is consistent with the 2023 comprehensive plan and at the time of completion of this report. Staff has received one letter in opposition regarding the petition as advertised for engineering and utility comments. um for engineering during premeating. Um the only comment that was um that was proposed for long term is the aesthetic pleasing um for future use of these towers is something to consider. And that concludes staff's presentation.

Thank you. Is the petition present? All right, sir. if you can come forward, give us your name, address, and any additional details in your petition.

Right. Thank you. And um thank you for trying to bump me up the agenda one. I appreciate it. Um my name is John Birfield. Uh I work for LCC Telecom Services. I come to you all the way from Rosemont, Illinois. Uh 10700 West Higgins Road, sweet 240. Uh I'm appearing on behalf of Harmony Towers um regarding this site. Uh just a couple of things I wanted to um mention before taking questions. Um the tower is a 289 foot tall tower with a 4ft lightning rod. So the total would be or the total would be 293. Um, and also that opposition letter was from a a competit a competing tower company, not a uh not a local resident. Um, so I'll take any of your questions at this time. I think our stack of papers speaks for itself.

Thank you. Um, commissioner, do you have any questions for the petitioner? All right, seeing none, um, any opposition from the audience? All right, seeing none, moving to staff recommendations.

All right. Uh, planning development staff recommends approval of the special exception to establish a telecommunication facility on the property um with the following conditions and there are six. Very first one is issuance of development permit shall be contingent upon the submission of plans that comply with all applicable engineering, environmental and relevant development regulations. Number two, that the facility shall be telecommunication facility shall be limited to the lease area as shown in the site plans. Um details submitted with this application. Three, the total height of the tower should not exceed 293 ft including the lightning rod or fixed to the top. And number four, the development must comply with all aspects of the Augusta tree ordinance. Number five, approval of the special exception shall not constitute approval of conceptual site plan submitted with a special exception application. The proposed development shall obtain site plan approval in compliance with site plan regulations um of Augusta, Georgia prior to construction commencing on the property. And finally, number six, the development shall comply with all development standards and regulations set forth by the city of Augusta, Richmond County, Georgia as amended at the time of development. And that concludes staff's present um recommendation.

All right. Do you accept those recommendations from staff? Yes, sir. All right. Chair will entertain a motion. Move to approve, Mr. Chair. Second. It's been moved and seconded to approve this petition. All in favor? Any opposed? All right. Thank you, sir. That um petition has been approved. Thank you. And thank you, staff. All right. Anything from the legal session? Hold on just a second. Sir, you had a closing comment before we adjourn.

I had one question because I don't know if it was completely transparent, but I'm currently in the due diligence of purchasing this property. So based on the approval, if for some reason something comes up where I don't end up purchasing it, does the zoning go back to what the original owner had or does that have to be explicitly stated in terms of like it's up to the current owner? I think that's just something I may owe current of that. So I wanted it to be clear or can we discuss that later? Just one thing I just thought of full intentions of buying it. It's just I'm still within period of it.

Yeah. If the proposal to develop the property falls through, the zoning will remain on the property. There are provision in the ordinance that after a year of inactivity or lack of development, it could be brought back to the commission. commission could decide to revert the zoning but all in terms of purposes it will remain uh with the modified uh conditions if if it is approved on the 21st 21st May May 21st May 21st so the zoning would stand irregardless if the site is developed that's basically what that translates to

all right hold on commission I'm not sure what the what the attorney has sir you Did you get the clarification that you needed? It seems like if approved on May 21st, it will be that zoning. Yes. Yes.

Okay. Anything from the legal session? I don't have anything for the legal session, but I did want to mention that on that earlier petition when you all requested that the young lady uh get approval for the um her application for the daycare uh before the next time that she came. She can't get approval for because she can't do the application until she gets the zoning and until she gets the license. Um I just wanted to bring that to your attention because those types of things usually can't happen until after the fact. but I wasn't sure, so I couldn't speak up until I actually spoke to her about her process and she didn't know to say anything. Um, when you get into the weeds when it's just in the zoning phase and not in the site development, then you're asking them for things that they didn't need to turn in in order to do the application and it makes it harder on them and they can't present what you want because they don't know what you want cuz it wasn't in the application. It's not a requirement for them to get the zoning. I know that there's specific things that everybody wants to know and to have, but you're moving into the business business development of those people instead of just the zoning of the property. So, I just wanted to tell you that because now she's going to have to go figure out what she's got to do before she comes back for us and presents herself again.

When you say approval, I don't remember any somebody asked about an approval or how many children how many children she would agree to. And I I Okay, let we restricted the the you know the number of beds, the the number of occupants. Do we have the right to do that? I think usually that's what if you're doing a special exception. This isn't a special exception. She's asking for just ching changing the zoning. So either you want a daycare there or you don't want a daycare or you want B1 did there or you don't want B1 there. If you don't want B1 there, you don't want B1 there. But there was a B1 right next door. So it's it's so we shouldn't be getting into the minutia of all of the business operations,

right? Because you're asking her hours and stuff. She's not even that far developed in her plan because she's just getting the zoning first. Then she's got to see what her business needs are and she's got to do all that. She's got to submit site plans. She's got to show that show us that she's doing what she needs to do in the process to get it done. But it is going to get done. I'm not saying your questions aren't relevant because they are. But they all come to come through um here. As long as you say she can have a daycare, we're going to make sure, when I say we, I mean the staff is going to make sure that that daycare is with the right amount of people, the right amount of parking, the retention's good, that there's no uh if there's if there is a backup, then they're going to figure out a plan to get it through. But all that comes after you. You are just picking the zoning.

Hold up, commissioners. We we we haven't adjourned yet. We're still in we're still in legal. Well, not technically, but we're being advised. And I think it's u I think it would be uh prudent for us to I think it would be prudent for us to listen to this because I think we do often get in the weeds and we forget what our role is. Um, and like the attorneys advising us. We spent a lot of time talking about business operations which obviously at our phase is is is not necessary for us to be asking. So again, I just I just think that it's prudent for us to hear this and make sure that we focus on what it is that we're supposed to be focusing on and then let the um the site plan development and all the subsequent phases handle the things that um or handle the questions that you may have.

Yeah, this was like a special friend. It seems like we might just need to have a session totally dedicated to this. So I guess my concern was the traffic. So instead of asking her how many children I speaking to your mic commission because we're still on we're still on you guys. So my question if my concern is the traffic so then I should have put in the conditions a full traffic study not just what the little line they said.

Right. If you're if you have an actual concern about traffic which it looks like this is it looks like they were already speaking to engineering about a del lane. So yes, then that would be something that you would want to put in there that there be a traffic uh working with engineering or whatever is required to make sure that there that traffic we're not getting people hit off like the um young the older gentleman said. Correct. Okay. I think the confusion I can't hear you. Yeah. I think I think the confusion is is that sometimes we do end up talking about number of people in a particular building while we're when we're doing a um a um

special exception. Those are different. When you do special exceptions, you can get into that kind of thing because you're making exception. This is not ever allowed. So, you're allowing them to do something that we don't normally allow. And if you're doing that, you can ask them all the specific questions because this is a a a special almost niche area that they're trying to open. But these are just regular zoning. So, it's do you want to be one there or do you not want to be one there? Well, there's another aspect to it because the whole conversation about the amount of children had come from the um the opposition when he threw out the number of 50 and then Commissioner Davis asked how many children are going to actually be there. We didn't have an answer. So, if we had applied that rule, we would not have been able to address the uh opposition side. And so, I've seen on this board, if you don't address the opposition side, you won't be sitting in these seats for very long.

Period. And I'm not saying to not address him because I'm not saying he didn't have any valid concerns. His appre what he was guessing was incorrect cuz she did say I only want about 20 to 25. So she said what she wanted and she looked at the square footage but she can't say what she's going to be approved for. She's guessing. But I did tell her to look up the research for what the square footage and the bathrooms. What would you be approved of most likely so that you could present that? Even though those are like really like minutia, he doesn't want a daycare there. Really, he's got dogs. He doesn't want a daycare there. That's your opposition is he doesn't want it. And she does. And it's right next to another B1, I think, or commercial, whatever. And it looks deserted. What is right next to it next on the other side.

I just want to say that was my thing. When you come here, I feel like she should have known how many kids she wanted there. I mean, because to me that's just prerequisite. I mean, you should know what type business you want. And we did ask her those questions with the intake. We just never received anything. The response she had today is the response she had when she submitted. And we did treat it a little different because it is a reasonzoning, not a special exception. But you're right.

That's what it sounds like. She's waiting on that the government to tell her how many that she can have as far as funding because I think that's that's basically what it sounds like. how many kids I'm gonna have is how much funding I get in for my kids to come in. That's what it sounded like. But we still could have asked for if you're saying 20 children, we could have put that in our condition that we're making our approval based on 20 children. We could have said whatever our what our hours that we would approve as a board, right?

Usually we do those kinds of exceptions in a special exception. I would I would h I would not put those type of exceptions when it's just a resoning because it's only asking for reasonzoning. Now, if you want to I wouldn't say uh I would not give her variance for the parking cuz if you don't give her variance for the parking then she can't have more kids. 26,

right? So, if she needs variances, I wouldn't give her the variances because then you she can't increase her numbers. There's ways to get what you want without making without going around and you must have these hours, you must do this cuz what if the need's not there for that those specific hours and she wants to change them because this isn't the business plan part. This is just the zoning. She's still got to get to all of that.

But the the still the nuance is dealing with opposition, how to find a common ground to get business done. And you have opposition saying this which is if the gentleman had come with his I guess letter of other person saying whatever I mean I could not pay attention to he didn't have proof of it but still if that were there how do we deal with the opposition here on the dis

well if they have actual opposition and you don't feel like a B1 business should be right next to another commercial property and next to a um residential because of the residential stretch. You vote no. you don't want to do it. I It doesn't stop you from voting. It depends on how you feel about the other properties around it and the zoning in that one property. If if the you shouldn't have to restrict the business. If you don't want one there, then you don't want one there. That's such a hard one because eventually on Deansbridge Road as those families, residential residential families die, I don't see another residential family buying on Deansbridge Road. So we're traffic,

we were getting caught between a road and a hard place cuz I felt for those people who will want 30 kids next door to them. I mean from 6:00 in the morning to 7 at night, but but it is on Dean's Bridge Road and she said we were just voting on zoning on zoning. Exactly. We all No, but what I'm saying is Brian, but what what I'm saying Okay, hold on commissioners. I think that our business is actually concluded. Um, so I think it's appropriate to adjourn the meeting and then maybe the ones who are interested can stay back and and talk with with each other and attorney pits. Yes. All right. So, is there a motion to adjourn?

Motion to All right. All right. Um, all in favor? So moved. Okay. Attorney Pitts, I don't know if you can hang around for a bit to continue the dialogue for the ones who are interested. Yes, I can. I just need Kevin to stay with me.