Planning & Zoning - Regular Meeting

approval of the minutes that can [Music] all but Sounds like a few that were sent to Michaela. So it all meets hours. So I'll start going back on the hours. So then and then your suggest should be easy based meetings.

So, GRS meetings also count. Um, I was thinking that it could just based on um the magic that um it talks about the requirement being officials. So, I learned something from if we could have commissioner microphones on was the request from it. Thank you. I see some green up there. So, do you need us to send you an email then talking about our attendance at comp and TRS and that type of thing?

Um, if you want if if that would be help um if that would not be too much for you just to kind of tell me everything all the TRS meetings that you've done just in 2025. I think all of those would fill out um and and uh satisfy the hours uh needed. Um but then I can go from the time I've been here, I can just go back to our meetings as well and just put all those in there. So this is just for 2025. Um this this can be 24 or 25 as well. But I think the amount of meetings that you you all have I think will qualify enough hours um needed. But so the meeting that um Dan sent us about the I think is coming up. Yes.

That one should be one that we could listen to virtually and it count. Yes. Um and the flume meeting that we the public meeting that we had back in March that should be able to count as well. Absolutely. Yeah. Because we were just going over the processes of planning directors and so Yeah. Yeah. I had uh found back in my email stuff last night the last listing that Michaela had sent out and it had quite a few of the other items on it that that she didn't.

Yes. And I will update that by the end of this week and just send you all an updated version so y'all we so like I know you know how many hours are left and everything but and I'll keep youall updated on that. So tell us exactly how many hours we must have. My understanding is after you get appointed you have to have four hours and then how much is it after that? Yes. So I was talking to Sam about that the car statutes are a little convoluted in that it could be eight hours total or it could be 12 but for safety purposes I'm going to say 12 um because it's 12 isn't like terribly uh challenging but 12 hours a year. 12 hours every four years. Okay. And then

divide it down. Yeah. And then for reappoint um you can do either four hours before your reappoint or four or sorry four months before your reappoint or four months after your reappoint. You have to have four hours total in that in that period. In that period. Yeah. And so that's that's for not only first appointment but for re for all reappoints as well. Yeah. And then and then in that four-year period of that that appointment uh eight extra hours so 12 hours total. So like for you and I I need four hours real quick. Well, wait a minute here. This is effective June the 27th of this year. I think it was the end of May. Yes.

So it doesn't cover any I do. Steve, were you in here? Steve, were you reappointed before June 27th? This year? Yes. Well, this does this is this is effective June 27th, 2025. Well, there was a previous statute that was uh codified before that date um with the same requirements. Okay. That's what I see. I didn't go back and dig that out. So, that's why I was asking. It's very careful on here as far as wording. Yeah. So, are we interpreting then everything going back to January of this year's first? Is that what you're saying? We were just looking at reappointment.

Yeah. For reappointment. I'm at January January February reappoint. Okay. So, I'm just curious, how far back do we go? Um, uh, so in these they're hold they're, uh, held they're good for three years. So, um, but you were reappointed in January, so you got to get four hours of Yeah, that's what that's what I'm trying to make sure, Steve, you're right. So, that's why I was asking the question in that category. So, you were reappointed in January January 21st.

Steve and I were May of this year. and he was in May as well in May of this year. So there's three of us that have to have four hours either before or after the reappoint within four months of the reappoint. Four months. Either either either or. Yeah. So in my particular case, you'll there was one training that that was left off and you'll get to it eventually. Yes, I will. But I had enough hours. Do they count for the previous time period? because I have enough hours between the previous four months of starting. Yeah, they all happened in October last year. Then I think they will fall and and count towards those hours because they were before your reappoint.

Yeah, it's in that it's in that per period of time. Yes. Okay. Yeah, those are the nuances. Hard to follow. And the KRS uh there was still these requirements even before the June 27th effective date. It was just codified under a different chapter. So, it's a different it was codified under 147, not 100. Um but it's still the same requirements. They're just trying to consolidate all of the chapters into KS 100, but it's still the same requirements and everything.

So given the fact that we many of us are in a rears, so to speak, we need to establish kind of a goal for ourselves to get back uh into order. And my thought was that if we set a goal that by the end of the calendar year that we hoped to get ourselves back into some settlement. eight months. You have eight months, four months on either side of your reappoint. Correct. To to get four hours, right? And and then after that, it's over a four-year period. Correct.

Yes. Correct. Yes. And I will um say that the Kentucky APA uh conference is coming up and they that would fulfill if if you all sign up for the full conference. It's a Thursday, Friday or Wednesday, Thursday, Friday conference and they have enough credit hours in that full conference to fulfill all the hours needed. So when is that? Um it is uh August 20th, 21st and 22nd, I believe. But I'll send you all a link and if you're in the Kentucky APA, which I think just in the fact of being a planning official, you all are officially or automatically in Kentucky APA. I think it's only $35 um for the That's Louisville or It's in Lexington this year.

Is it virtual? It's not virtual. Um but I think there may be some options, but I can double check with Michaela had sent us a list of online programs. I couldn't find the list. Okay. Yeah. But uh that would be more absolutely what I would be looking for. I think I have a print out of the email of that list. So, I can send you all those links and just put that back in. When was that meeting that we went to at the old elementary school that March 19th? Okay. So, that counts that counts as an hour for us right there. An hour or more. Yeah. Maybe maybe two. Yeah. Because that was a I mean, that ought to count for for all of us.

Yes. That's the flume meeting. That that flu meeting that's a twohour right right then and there of your 4hour requirement. Yeah. Yeah. And once I go back through those meetings, y'all might have enough hours already. So, yeah. But Tom, if TRS counts and you're Yes, absolutely. And an hour a week, it's an hour a month. And our planning, I mean, just the the number of meetings that I did with Josh, Michaela, and the interns before like we met every week for a couple of months, you know, working on the early stuff for the comp plan. before it ever even came to the commission. That's got to count. I mean, that's all that all counts.

May I ask if the um meetings that we held for recruitment of the director count in any way? I'm seeing you going, "No, come on, Henry. We were learning stuff all the way. It's not really a topic. I'm looking for personnel." And I just Yeah, I don't see the personnel in the list. Bummer. Bummer. think about all those all that time. Oh life. It says other topics reasonably related to the duties of planning officials and planning professionals may be approved by majority vote of the planning commission. But you know that's just let's give ourselves a raise. That's a little dangerous. Now you're talking

that's good. I like that. And I think the other one that's going to be a little more complicated is the documentation that they describe in here. Yes, you're going to have to come up with a method how you want to track. I was curious about that as well because um just based on the KRS, it says the secretary of the uh committee or the commission has is like you know responsible for holding all of the records and all that. So I was wondering yeah like uh if I'm considered the secretary because they're they're I don't know if it's you or if it's Lisa. Oh okay. Okay. If I'm online though expected it to be Lisa. Okay. If I take a look online training,

I don't always I can get a printed document from that online training which is a document that that's suitable my interpretation for what you need to have for records. You have to have to have printed out or an electronic copy of it probably would satisfy that too if you have that. And even the emails that um so some of these emails are just like I listen to a podcast for an hour and a half and those emails are recorded in here. So I'll keep record of that. Yeah. But that's what I'm saying. Those It just because I noticed it added more detail on how you record keeping. That's all I was add on there. Your drive around the county. You and I both get two hours for that. That counts. Yeah. So, uh, what we probably need to do is

should, shouldn't it? What we probably need to do is put this a routine report about training. Yes. on our agenda for a period of time and and then we can get a sense of where we are. Absolutely. Until like we're all caught up in until we're a bit caught up. Yes. Yeah, that sounds good. Some of us that are in trouble will get ourselves we'll get ourselves out of trouble. I'm always in trouble. So, what do you think? Do we believe Rita is coming? I did. say she was. So I could have drove to Junction City and back a couple there. I know.

Okay. How much of this is is required for this month? Well, we should check with Rita and see. I mean, she's she's two minutes away. [Music] We really don't have much business today. No, it'll this subdivision approval that's listed on here. Is there going to be anybody here talking about that today?

Thanks. No, we need to have somebody here talking. besides her present. No, it since it's not a public hearing. Okay. Right.

Okay. Stay safe. We'll see you soon. Byebye. She's crossing the He's what? Crossing the bypass. Where? At Walmart. Oh, at Walmart. Okay. Yeah.

10 minutes away. We have talked a lot about training and I I don't want to belabor it, but I'm just now looking at this 100.346 and it looks like that 120day requirement, the four months issue is for for staff and not commissioners. I wonder if anyone else reads it that way. I decided not to bring that one up, Henry, but it looked like I'm happy to agree with that. I do. What What do you think, Hannah? I mean that are you looking at section C people are professional in their diligence but maybe not planning professionals. Yeah. The uh 1B

1B. Okay. Because that's the only instance of that 120 days. So I read it as 1 A being for PNZ and BOA commission and then 1B being for PNZ staff and then Right. Yes. Agreed. Yeah. And so that no no fourmonth requirement for oh the commission. That's what I'm thinking too. We We are classified as a planning commissioner the way I read these. You can continue to be in trouble. I've always trouble stay in trouble. Okay. Okay. They created a statuto, but yeah, just want to make sure we're clear on that.

So, sort of once you get an up get this kind of updated, then if you'll send out a listing to us of needs. Okay. Absolutely. Yeah. Sorry about that. Um grand. Okay. Absolutely. Yeah. [Music]

Yeah. It was amaz I had to like put like side notes and like Yes. Everybody else here that anybody else here that look

Yeah. bankruptcy means to be the paper yet. It seems like yesterday that it seems like yesterday that he was here asking for the zone change. I know. I don't know what house of cards sounds like, doesn't it? My understanding is that industry is over capacity. Yeah. He he bought high he bought at the high point. Would you all be interested in taking a brief recess from the meeting and the live stream until Rita gets here? Oh, we're on stream right now. Yes. So

yes, if we could have a motion to go. That's right. We can't do anything. We can't even get in session, can we?

Henry. Yes, ma'am. May we go ahead and call this meeting to order? We're back on. We have a quorum. Good. That's great. So, uh, can I ask for approval of the minutes of the June meeting? So moved. Can I get a second? All those in favor say yes or raise your hand. Thank you. Uh there'll be approved financial report.

Yeah. No, this is obviously the the month of June that we're looking at. So it's the last month of of last year's fiscal year. So everything we'll be talking about is basically total year numbers. And we'll start with income. And first thing we should notice is the first two lines. Danville contribution and Boil County contribution. If you look at the June the first column which is year-to date and compare to the budget and the amended budget, uh you can see that both numbers are short and it's because the the fiscal fourth quarter contribution by both Danville and Boil County were not deposited until July of this year and so they didn't make it into last year's revenue. So, um, what it means, of course, is that our income is basically understated for the year, total year by about 38,475. And we'll talk a little bit more than that, more than more about that when we get down to the total revenue. But next thing just to point out is three lines down where it says construction review fees. Um, you know, total year we came in at 51,577 compared to original budget of $2,500. Wow.

And a budget amendment of $43,000. So, you know, that that was a very strong income category for us this year. We've talked about it all year. I I don't know it will continue, but it's been a very strong income category for us. If you drop a little about another 10 lines down for total review fees, that's a sum of all the other review fees that we get. You can see our total year was about 24,749 which is about half of what we originally budgeted but more than what we had in the budget amendment. And the zoning p permits were the ones were significantly under what we had budgeted for. I don't know if we just had a total light year in total of zoning permits or if we just budgeted too strong to to begin with when we put the year together. And then about middle of the page, you'll see total commission revenue of 198,372 for the fiscal year and which is actually a little more than we originally budgeted even though it misses the fourth quarter contribution of both boil and and Danville. Uh but it is short of what we had in the budget amendment of 223. So in total we were at 89% of our budget amendment without the fourth quarter income that we could have got should hopefully could have gotten in there from the the two entities. If you had put the 38,000 into what our revenue would have been for the year, we'd be at 236,000 plus for the year and actually 6% over the budget amendment. So that means of course this year we're going to have five quarters of contribution from the city and the county. So we will be over you know revenue income probably this year because we're going to have a whole extra quarter of contribution in compared to what we budgeted for.

We can bank that right? What we can bank that right? Yeah, I mean it doesn't affect what goes on with the bank account. And I assume we've asked Boil County and Danville for the first quarter contribution. Yes, we did. Okay, good. Next is expenses. And just drop down to the bottom line on that page. Total personnel. You can see our total p personnel expenses were about 124,516 compared to original budget of 143 and revised of 147. So we're at 80 84% there. And that was of course because we went for a period of time without a director, right?

And that's what depressed all of those personnel numbers. You flip to the next page and go really to the bottom. The total expenditures. I'm just going to go to that because all the other expenditures were plus or minus. There wasn't anything really out of bounds on you can see that our total expenditure for the total expenditures for the fiscal year were 210,000 compared to original budget of 226 and a budget amendment of 244. So we were at 86% or about 14% below our budget amendment amendment. And we had hope we had hoped to get two additional expenses into last year's expenditures which haven't made it yet. One is the the charge we got for Lynden's role that he played which is about $5,500. And the second was the charge that we got for from blueg grass ad for their initial support of the comp plan which is $36,000

which Sally has asked for additional documentation substantiating $36,000.

But at any rate, so that was $42,000 of added expense that originally we had hoped to get in last year because we didn't budget for it this year. So, if you would have if we would have gotten that in, if we would have got that $42,000 into last year, uh, our total expenses would be at 252 or about 3.4% over. So, if we would have gotten both this added income that we didn't get in and this added expense that we didn't get in and we would have been 6% over on income and 3% over on expenses compared to what we had just budget amendment fall at the wrong time

and basically Yeah. Yeah. And and basically they almost offset each other. It's you know $38,000 of revenue that we didn't get into last year and $42,000 worth of expenses that we would have liked to have gotten into last year. So they kind of offset each other as we go forward. But both our budget and our revenue are going to be our both our revenue and our expense are going to be probably pretty strongly over planned this year because of that. Did we receive any further information or detail?

Yes. Um me and Henry actually have a meeting at Bluegrass Ad with Logan tomorrow to discuss both or to discuss the Lynden's invoice first. Um, but it did get increased a little bit because I did ask for more details. So, okay. I really support our chair's request or demand that we that they account for that because for that amount of money, we should have gotten a lot more than we did from them. Yeah.

And not have to finish our own comp plan the way that we've done on our own. to supply us with a simple line item saying this is what it was without any detail is is just not acceptable. No, I I just want to say that your director has been working very zealously on this issue getting itemization for something that occurred before her tenure began. She's really been working hard on it.

We appreciate that. Thank you. And the only other comment I have and it really isn't it's you know this is this is the end of the year so typically we start a formal audit at this point and Hannah has already reached out to Chad Robinson of Curveball Roads and Butler and got that ball rolling to do the audit for the year and that's all I have to report and we do need to so we probably need a motion to accept that. So move. Can I get a second? Okay. All those in favor. Okay. Thank you. Thanks. Nice job, Jerry. Good work. Thank you, Jerry.

Okay, let's see here. Uh, construction shies. So, yes. So, um, would you like to speak at all? Yes, sir.

Okay. Good morning and thank you for the opportunity to come and u have the option to renew that letter of credit for the what we call the Rick House Road project. I'm JJ Harris with the Danville B County Development Corporation and we represent the Bo County Industrial Foundation um a not for-profit foundation that operates the industrial park and has been making investments in the community since 1960. So the letter um credit renewal for Rick House Road is in its fourth year. We understand this. Um we have in 2016 113 acre parcel at the back of that property that Rick House Road would would connect. If we were to sell that property, then the option or they exercise that option, we would have to build that road. they would pay half, we would pay half for that development was in the the terms of the contract. Um, as you know, the state of the bourbon industry is somewhat needing, I think, is a good word. Um, and the the option would be to a bourbon producing company. Um, I can't say the name, but it it local contacts. Um, we don't expect that option to be exercised at any point in the future. Again, they have until uh October, I think, of 26. So, um, we're asking to humbly renew that letter of credit. We have updated it, um, through Farmers Bank, um, renewed our proper paperwork and due diligence. um if it does not if the company does not exercise that option in 2026 then we'll come back to the board

with a different plan. What we are doing in the meantime that is part of the overall master plan and I'm sorry you may not have a copy of this because I just sent it to Hannah and Lori is the overall plat of the industrial park. We were awarded a $1 million grant um from the Kentucky product development initiative through the economic development authority which is the city county um public property purchasing entity uh to build what we call John H. Seagull Drive and that drive will go between Pioneer Services and Megot, the old Caterpillar building and open 90 acres um on the right side of Corporate Drive. We pushed this road forward for two reasons. Uh, a local company has an option on 20 acres um of that behind Pioneer Services. And Megot Parker Parker Mega Group has a large propane tank that they continuously refill for their carbon operations. They've been bringing their transports through their parking lot up and around and they really needed a an access road to support that to kind of more safety issues to quit having those tanker trucks come through their parking lot where there's a lot of small vehicles and have a direct access. So, um we have planned for this year and have permitting applied through the state for some stream crossing permits. Um we expect those to be uh approved by October and you'll see some construction work. So limited funds that the industrial foundation has and looking at how we best support existing industry, we felt the need to move forward and

write a grant and support the existing industries out there rather than a an industry that is not as necessarily most pressing in need for road access. And again, we still have plenty of access to that. There's at least 89 acres off Corporate Drive between County Extension and Transnav, the former Transnav building which is PBL, and then it backs up to that 113. So, the need for that brick house road is really not necessary yet because there's been no land transfer, if that makes any sense. I'm sure you kind you get it for the public. Generally speaking, I mean, it's it's hard to grasp what we're talking about, but we're building a road on the in short term, we're going to focus on building a road on the right side of Corporate Drive versus the one on the left side that's not needed at this. Any specific questions? So I can just to understand properly, you you need to extend that letter of credit because you have another year plus that somebody has the option to to build out there.

Correct. To purchase and build, right? So So they legally have that that option has to stay on the table until that time expires. Correct. So that's why you need to keep the letter credit. I Okay. Thank you for explaining that very well. And then if they do not exercise that option, then you'll look at other um opportunities to to to use that land for something else. Absolutely. Thank you. And the the length of the letter of credit extension is just a 12-month period. Yes, sir. I I believe they go 12 months at a time. 12 months. I'm just making sure. We have that letter here. Yes. Okay.

Mr. Harris, are the uh amounts in the letter of the credit letter amounts in the letter of credit sufficient to the construction costs that might need to be undertaken? We believe so. Okay. Um our due diligence was done last fall. Okay. We knew both of those to look at the engineering cost to see what we needed to do and I think we updated the letter. We got quote Yes. Okay. Yeah. We and we have some kind of engineer stamp to that effect. Yes. So Kendall Wise with Vantage or yeah, Vantage Engineering has basically been the one that's been our engineering cohort and made estimates. Okay, thank you. We we feel comfortable with these estimates.

Good. Thank you. Any other questions? Thank you. Do we need to um make a motion to approve this um renewal?

We do. And it's a unique motion because we are going outside the three-year period allotted for these maturities. And so here's if you're inclined to make a motion for approval, I would say that the due to economic and industry conditions that have inhibited the public private partnership responsible for the bonded improvements and um due to the uncertainty around the future of the project, planning commission finds an extraordinary hardship that justifies granting an exception under subdivision regulation 1.5 and extending the period of the shy by one year. Is anybody willing to make that motion? I like that motion. I'd like to I'd like to make that motion, please. Can I get a second?

Second. Thank you. All those in favor, please say yes. Yes. Thank you very much. You're welcome. Henry's good, isn't he? Thank you, JJ. We want to keep him for sure. All right. Um, subdivision approvals.

Yes. Um, so we've got We've got uh 3201 Lebanon Road LLC has applied for the subdivision of a 313.79 acre parcel of land into two tracks located at 3201 Lebanon Road. Um and it is currently zoned agg but I will say it was improperly zoned IBD for a long period of time, maybe 10 years. Um but Steve when he was here went back and kind of dug through some files and it is currently zoned a. Um so

and um if you would like to speak more about that at all. Um so I was just waiting to hear if you were finished. Sorry. Um there is just u just kind of a little bit of just kind of showing you where it's at. Um but it is considered a minor plat. So I was just curious about that. Um but yeah, so it's kind of a you know just a simple split into two uh two tracks but Okay. Would anybody like to speak in favor of this?

Yes. I'm sorry. representatives aren't here, but our understanding is they're from out of state. But what's going on with this track? It's over 300 acres. Um, as Hannah said, and the building is over 800,000 square feet and 100 acres has been marketed by CBR& Real Estate out of Louisville. We have a option to purchase in place from an industrial leasing concern that should be executed August in August. I'll say mid August. It's been pushed back a couple times because Cody, the current facility operators, um have been removing equipment since November. So the building of 100 acres would sell and that would leave the remaining 212 plus acres 213 acres available for other development. As you can see from that plat um out it's more agricultural and there's five gas lines that run through it and you might recall there's an old ball field out there on the back side of Steuart's Lane. There's a pavilion little pond.

Yeah. Um that's about the only real buildable site. I think the future land use map shows all that area as um industrial or IBD. Um but we will coordinate with the purchaser of the facility to make sure that they come in do the appropriate steps to we don't have an end user or an enduser of the building in mind. We have a purchaser but again they're an industrial leasing concern. So, we'll make sure that they come into conforming use with an operator. So, they only want to cut they want to cut off the old Donnelly building and 100 acres. So if you look at the if you're looking at that map, sir,

and you see the greenery around the building, basically the the more green parcel versus what is crop land? It's basically that section that runs from Lebanon Road all the way to the back side. Do you have a plaid in one of the See, that's probably easier to see. Well, go back. What? Back one, right? No, forward one then. there. Okay. So that's Yeah. So if you look at the upper right coming so the dotted line is what they want to cut off. Yes, sir.

Well, how do you do that? No. No. I This is This is what they're cutting off. That's what I'm saying. Yeah. The dotted line. Yeah. Swap one. Yeah, that's what I'm saying. That line of thoughts on it. What is the dotted line? That's just points marking where they're they're survey little bullet points that are on the line. The uh the plat or this particular plat came in with a lot of modifications since we've last seen it from the techn review meeting and they've done a great job of bringing it up to the standards. We I mean there were simple things simply as uh this was not Boil County, it was Boyd County was on it multiple times. So we just

So I have a question. Um, is do you have the legal right to speak to this? No, I'm giving you background information. Maybe there is. That's what I was going to say. Right now, there's nobody that technically owns this is here, but I don't know that we need to on the plat. I don't think we need that, do we? As as long as we have the proper authority for this application, that that authority for a plat doesn't need to be here. We're at a zone map amendment, then we'd need that. Exactly. So, that is not required. Yes, ma'am. Right. just a little sensitive about thatdeed. That's a valid valid statement on here. And do you do you have any other questions? Did you talk to these folks directly?

I did. Um and it was it was only really about the revisions to make sure we had the revisions in time for this meeting. Um but nothing further. Okay. And so the zoning remains the same. It's simply making it into two lots versus one. Correct. Yeah. Yeah. the most the types of things that were missing was like the building wasn't there on that side. So, some very simple observations and we agree, we noticed the same thing you did JJ during a tech meeting that you've got three large gas lines in the bottom. There's a pond there, there's a baseball field. It's kind of like we asked the same question. Where would you put building in there if you were to build it? It's very difficult terrain for that particular arrangement.

Since it was part of the original building, the way it listed, it made sense for the flume to do to show it as a commercial. But if this becomes a separate item on it, we we may have to look at a different way of calling that category. Am I understanding the purpose for this? Yes. Am I understanding that the purpose for this is to h so that so that a building can be put on lot two. I would guess the purpose is because a buyer doesn't want to buy the that's not the intended purpose as of yet. Um the only thing the purpose of the plat is to subdivide it into two lots according to the plat but

because the buyer of the old Donnelly building doesn't want all the other land I believe so especially with the that's a fair statement and it doesn't make any direction relative to the big land on the this body that's what I'm getting at is that there's nothing all it has to do is we don't want all the land we just want the building they just want to make two lots out of one and the original as as first started with it's all agricultural. So that second land is agricultural. Well, it's being used agriculturally today, but it's zoned. No, no, it's zoned egg. It's zoned. It's technically non-conforming. Um Oh, that's so I just want to point that out to by breaking it off.

Lot one and two are zoned out because currently they're the same parcel right now before being separated. When you put a separation in there, they become egg. There's an exception for where the big building is. A historical exception. There's a what? I called it a historical because it's like grandfathered in non-conforming under industrial. But for the whole currently it's for the whole lot. Okay. The whole 13 313 acres, but when they subdivide only that lot one will be getting into the grandfathers. Do we have any say so into whether it stays grandfathered? If they were to abandon the use then that would you know abandon the grandfathered permission of also Donley abandoned exactly or whoever.

Yeah. And there are certain factors. It's fact specific whether or not they've abandoned it. You know if they if there's just a brief sessation of use that might not be abandoned. And also you cannot expand the scope or footprint of a non-conforming use. Henry, if they take out everything out of the building and then sell the building and then somebody brings in all new equipment into the building, can we then ask them to come in with the zone with a zone change to make that conforming with the future end use? I I think that we could we could ask for that. They might have justification in pushing back on that and saying that, you know, all this time the use and intended use was consistent. Even if there was a brief interruption, it was marketed for industrial use. Everyone knew it was industrial use. And so there's been no change to the grandfathered status.

What I'm asking for is is to make it easy. Sure. If you bring it into alignment with what it is, there could be good justification for them just to do it. See, and I look at it, that's what I'm asking. I look at it one more step beyond what you're suggesting. That build where the building is sitting maintains that status, but now we have a separate property that is truly agricultural, right? Because there is no use of that. Certainly that would need. The joning doesn't change on that new parcel. It's it's a now you know what? We didn't change it. No, it remains a It remains a same thing. But it's grandfathered too just like grandfathering because it is

it it's it's zoned a right now. It's not part of the original parcel. I do not know how long business has not been in operation in the building. How how long it's been since they've technically been printing. But if it goes 12 months, they lose the grandfather status for that use anyway. So then they would have to and JJ and I were just talking about that that okay whenever this company comes back manufacturing there with a user then they know they're going to have to get right with the zoning.

And thanks to JJ for helping me explain that other property on the bottom with all the gas lines and all that is very difficult to put a commercial. There's just not enough physical space for a large commercial of any sort even if you tried to put something down. Now the main reason though they would like to keep it agriculture if they would is because of tax reasons. I mean is industrial I mean does does anything change? Have they even asked for any change in the zone? No. So all they're asking for is to divide this into two. That's all this is. That's all they're asking. Right.

Technically I think that's what this represents what you see in front of you. And and I can say this um madam chairman the um we talked about this earlier. I would make sure that the buyer knows that hey this needs to be brought up to date once they find the end user because we don't know technically manufacturing could be anything.

Right. Right. the um so we want to make sure that the the owner and user end user which will be different because the owner is an industrial leasing concern versus the user who may make widgets or refrigerators. We don't know. We'll make sure that they come in and put it in the proper zoning. I wish there was a way that we could just say right now, hey, that's the intended use was IBD and it should be IBD as they separate it. My understanding is we don't have that authority. That that could be a solid justification for a zone change if they brought that forward. So, but that's not what they're bringing. No, it's not. But we'll ask him. We'll ask. Can we ask them?

Can we ask them to bring that forward? Absolutely. Once they have a user, I will do that. Yeah. That we want to make sure that forward to us because I would like to do that to to clean up our own house. Yeah. Because we have a lot of exemptions. exceptions in the past and and the more of those that we can clean up and get in line. Yeah. It would be would just be nicer for us to keep our house in order. Is that property still remaining in the county? Yes, it's in the county. It's not Okay. It's not been incorporated at all. Okay. No. So, can I get a motion to approve the um separation of this into two lots? I'll provide you a motion.

Thank you. Can I get Wait, do we want to do that before or after we asked him to bring his own change? I think we need to act on what we're being asked. I don't see any reason to not act. And then we can in discussion ask to have if additional. Is there a motion on the floor? Is it There's a motion on the floor. I'm looking for a second. No second. Thank you. Now discussion. There's a time limit on taking action on plats and so we might not be able to wait until unless we were to deny the plat but I don't know that we have grounds to deny it because it's technically correct. Okay.

Help me on something. I I'm lost on trying to understand the grandfathering of the DIY facility. This land that we're sub taking away from it. You know this this second parcel. Isn't that part of the grandfather too? No. Why? Because the grandfathering was to use the facility as industrial in the a zone. The property. The facility. The facility. The building. The building. Okay.

The grandfathering was to allow the building to be used as industrial within the a zone. So the whole the whole property the original 330 what 13 acres was was zoned a and the use was allowed for the industrial use within that whole property within the whole property within the a zone. Let let me jump in here. So the grandfathering was for the use and not for the lot. So yeah thank you. Okay.

And just for the just to clarify so you all know what we're dealing with, Steve did a certification verification on this because we were so confused about why it was a and Hannah and I went back and retraced all the research that Steve did at the point in time that a site plan came in for then what was the extension of that building the office was under the impression it was IBD and there is things that indicate that it was IBD it and you know but when we go back and track it on the actual maps that we have all the way back um and check all of our zone change files we can find no record whatsoever of where ever changed IBD. So that is where we get this a zoning. Um

so as far as what you've been able to ascertain, it has never been changed. It's egg. Right. Right. Even though some of the documents with the site plan for the building say that it was IP. So do you want to make a motion to u alter his motion to say that there's a requirement a further requirement rather than simply approving this division into two lots.

So what I'd like to do is maybe so let me ask let me ask Henry for for help with with thinking here. I don't want to I don't want to no vote this because it's a simple Sure.

It's a simple division and we have a time limit on there. What I what I'd like to find out is when do we legally start the clock ticking for that 12 months? Okay. When do we legally um when can we make a legal determination that that there has been a disruption in you know or a

cease a cessation of that industrial use and um I would make the motion to to to conditionally approve this upon the next You see, the owner of the property doesn't even have the next user of the property. The owner of the property is asking for the subdivision so that they can then find somebody else to use the building. Right. Okay. I I get that. Is it appropriate to ask for a condition to be put on that? This isn't a that I can't do that on a plat subdivision, can we?

There are those who would argue that you cannot. So I I think it's appropriate to forward that request through Mr. Harris and you know at such time as they would bring in a site plan for any changes we could then make the argument that there possibly has been sessation of use and that they have to file zone change. Okay. So tell me then we have a motion and a second to approve the division into two lots. Right. Do we need to add anything to that motion?

I I think our directive to the industrial foundation has has been heard and I think that's the extent of any suggestion we make today. I don't think a condition would be appropriate at this time. You okay with that? Yep. Agreed. Okay. All right. So, all those in favor, please say yes or raise your hand. Thank you. Motion carried. We It's going to be simple, JJ. It'll be simple. If they just come and ask for a zone map amendment, we'll I think we'll grant it. So, we don't have any public hearings. And I'm not aware of an advisory committee, budget committee. Nope.

Personnel committee. We need to schedule one, don't we? We do need to schedule a personnel committee simply to discuss the um issue that um this gray arose about um personnel. So if you if you can schedule that that's basically you and I correct I think so. Okay. All right. And um any other new business? No business. I'm sorry. I'm sorry. how we did it or what happened aggravated with notion everything.

I'm sorry, Rita. I don't understand what you're saying. Subdivision that was approved over injunction. Um, the developer has not put in street lights and evidently he has no intention of putting in street lights. Rita, I can help a little bit. Thank you. I pulled that up for you, looked it up u when we talked about it last time. What when he did that development, he literally got that through right before Steve's changes on the subreg. So we can't make him do that.

So who's going to be responsible? Because people are screaming and living there. walk straight lines. So, it's going to be the same. I'm not sure that planning and zoning is responsible. It it those things just were not required at the time that he signed his contract for the development of that subdivision. And I don't know who or or what would go from there. Commission doesn't have authority there. The city we don't The planning commission doesn't have authority there. City does.

That's that I'm I'm not saying that. I'm asking who would these people turn to next because we we we're through with them. Where would they go? City. The city. Okay. Sorry. I believe. Okay. So, um I'm going to try diligently to get through the rest of this. U is there any new business? Nothing for me. No.

Miss Miss Douglas's question and our discussion with the industrial foundation points to an issue about the use of shities um and what happens when they're expiring and improvements haven't been made. I think maybe we delved into calling a bond on the hunt farm a couple of years back and that's the first time in in my career that I've heard serious discussion of a planning commission calling a bond and taking over a development of a property just because it's a difficult undertaking for which maybe we're not well situated but the bond is our leverage um when you know there there's work not getting done so I'm raising for all of our consideration whether it makes sense to keep our three-year deadline for completion of improvements if that needs to be extended if we need to have other types of discussions with developers because I understand from staff that there across our shy list a lot of outstanding work to be done. Are you saying well you got to have some deadline of some sort I think.

So are you suggesting that the to extend an extending one? How where do you where do you pull the bra? Well today we did not really have a mechanism in the subregs portion about shies for extending the industrial foundations bond. There is that part of the the first article of the subregs that says we can grant exceptions for extraordinary hardship. Right. I wonder if anticipating future extensions, we might want to put something in the language about shities that deals with extensions. Maybe we don't. So what would that be taken up by the advisory committee to that would be that good for that?

I mean is that our next step? Yeah, that that would be usually where I'm thinking it has to go for clarity. You said we have some that have lapsed right now just are sitting there. um none that have lapsed uh right now, but there are it's it's more of like a lingering people um it's more of like a lingering closeout process where stuff gets done but not checked thoroughly. Um and there's I think six that that are like lingering to close out like do we close out? Do we take the money? Do we need to do anything? Do we need to do a crosswalk? Um, so it's more of

it's it's that and you're you've got a valid concern. Closing those types of topics out can be very complicated. Absolutely. Because it's so easy to interpret from one side that I'm done. The other side says, "No, you're not." Yeah. Yeah. And and I'm hoping to create a closeout process with Josh and Marshall to kind of ensure that like the sidewalks are six feet, not five feet, and then all of all of that is met. So it's Yeah. So it sounds like in addition to a personnel committee, we need to have an advisory committee to discuss this and come back with a recommendation. Yes, that's correct. And Henry might want we might want to have Henry there for that, of course.

Okay, I'm just going to keep trying. Any further announcements? If not, can I get a motion to adjurnn? Thank you, Rita. Second. Thank you. All in favor.