Board of Zoning Appeals - Special Meeting

Tuesday, June 17, 2025

About this meeting

Government Body
Board of Zoning Appeals
Meeting Type
Board Of Zoning Appeals
Location
Frankfort, IN
Meeting Date
June 17, 2025

Transcript

23 sections

0:11 – 2:100

We knew attorney didn't she had a baby. She had her baby was Saturday night, I believe. She had it last night. Would they have any bar? I don't know. Does anybody know what Alicia had as far as baby? A girl, girl, boy, or anything. For what? For what? Alicia, she had a baby. She had a girl. Girl. Okay. Sophie. Okay. I got 5:30. Actually, AT&T, it's 5:30. And the pledge of allegiance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all. Okay, we'll have the uh call the meeting to order. Have the roll call, please. Mark Mills, here. Larry Moer, here. Mike Nichols, here. Joe Stevens, here. Isaac Chavez, present. Joseph Bookwalter here, and Chris Alba. Okay, we got our minutes from the May 28th, 2025 meeting to Let's make sure we have the right people here to vote. We do have long as we're all in agreement with them, we're make a motion to pass the minutes. Second. been a motion and a second to on May 28th, 2025 minutes. Roll call, please. Mark Mills, yes. Larry Moer, Mike Nichols, hi. Isaac Chavez, same. Joe Stevens, hi. Joseph Bookwalter. Hi.

2:08 – 4:070

Okay, we welcome all of our guests here tonight. We have um a uh two items for public hearing tonight. And the first one is docket number CPC 2025 day 04 from Tad Reynolds LLC, 1252 South Second Street, 3Zone from B residential to C residential. And should we do these together or totally separate? Separate. Separate. You for separate. Okay. The second one's by the same petitioner, same general location, but okay. So, we will have our staff give the background report. Then we'll have the petitioner speak if they would like. Then anybody who would like to speak or have questions in objection or speak in favor and then have discussion amongst everybody in an orderly way. Thank you, Mr. President. And we're here for application FF202500422 docket 254. The applicant Caleb Dale Real on behalf of Tad Rentals LLC 4208 West County Road 650 North in Malberry, Indiana. The request is the initial reszoning of 1252 South Second Street from B residential to C residential for multifamily living. This property and most of the surrounding properties are zoned B residential district even before the unified development ordinance was adopted. The request of lot number 78 in Coulter and Sims third edition to the city of Frankfurt Indiana as the same as recorded in plot 2 old page 58 center township Clinton County Indiana. I'm not getting into all of the property description of it but it's more commonly known as 1252 South Second Street. The request analysis is that there are

4:04 – 6:040

five criterias that the plan commission and the Frankfurt City Council should pay reasonable regard to in the um evaluation of a reszoning request as specified in section 201.01C of the unified development ordinance. This petition is evaluated in accordance with the criteria below. First, the most recently adopted comprehensive plan. The this reszone from B residential to C residential is referenced generally on page 19 in neighborhoods of the 2035 comprehensive plan under housing. Neighborhoods are the backbone of community living and provide residents with a special sense of place. Public/private partnerships and community outreach are encouraged around residential neighborhoods. to the current condition of the character of structure and uses in each district. The current condition is farmland on and the old Monon Rail to the west and south. B residentials to the north and east. Blue Ridge and Green Meadows are to the south and to the east and to the north are single family homes. Three, the most desirable use for which the land in each district is adapted. This property was zoned B residential before the new zoning map. The city just completed a housing study which calls for all housing from multif family to single family to affordable housing. Four, the conservation of property values throughout the jurisdiction. With farmland to the west and Tony's duplex subdivision to the south, more housing that could be mixed use could be developed. and this will add value to the already existing housing that is in place. Five, reasonable development and growth. As mentioned above, the city just

6:02 – 8:010

completed a housing study calling for all different housing groups, multif family, single family, large apartments, affordable housing. With the elementary school to the south of this property, more housing develop is needed. So the summary and staff recommendations that this staff recommends to favorably certify and recommend plan for reszone of the property at 1252 South Second Street from B residential to C residential to the city council. The draft that the plan commission board forwards to the city council regardless of positive, negative, or neutral recommendation should be forwarded complete and ready for adoption as an ordinance and general concept. Um, tonight Caleb Dale Reel is here along with his father Tony. Um, also here is Mr. Kaiser, the one of the gentlemans who's helping develop um, not only this property but the subdivision in case there are any questions that you you have. Was anyone on behalf of the petitioner care to speak? And I I do got questions. Okay. Please come forward and state your name for the record cuz I think we are being Are we being streamed or just recorded? Uh it is being streamed. Okay. I'm Kathy Clinton. Yeah. So I'm nervous. Okay. Um so is it going to be an apartment? I live down there. I've lived there my whole life and it's going to be an apartment. It's going to be a a duplex, a two. And right now what it looks like is that it'll be a duplex where it's a first story and a second story duplex. So it's a house on one side, house on but it's a house. It's a upstairs on top of each other. House on top of each other. So it's an apartment. Yes. It'll

7:59 – 9:590

look like a townhouse. But it look like a It'll look like a Yeah. A china townhouse. Is there another way of saying it? Okay. Now, my next question, where where's the parking all going to be? Great question. So, um he would be required to have four off- streetet parking spaces. Um if you look at the triangular property, this house will sit more towards the northern side of the property where it's all open. Um I I I spent two days putting everything in place and the parking will be should be at the triangular point in and there's plenty of room there and impervious surface to be able to get the the eight parking places in place um along with the the sub or the prop or the duplex. Okay. I should say four. Two for each part is required. Not eight. I'm sorry. So, where are you saying the parking's going to be? Because it comes down the alley to a point. Second street comes here. There's the house right here on the corner right now. Here we go. Let me do this right here. Yes. So, the twotory duplex could be sitting right here. Uhhuh. And then your parking will be coming down to the point. So, right now that garage sits right in here. Mhm. I believe that that will have to go because you can only have one principal property on a lot. One lot. And then he'll have an entry into his parking right here. Okay. So, it won't affect, you know, where the alley goes around there. Will that affect It will not. Okay. Okay. because I mean like I said so this this requires setbacks. So let me let's explain that. So where it's sitting

9:56 – 11:540

right now this building has to be 5 foot from this property line which it is. Now from here it can be 12t because not this house but the next house is 12t. So any house that's on the same side of the street that's as close to the street they can be too. So that house is 12t. I was out there yesterday measured it all. So, this can be 12 foot, too. Um, this can be 12 foot also. Um, then off of the alley, we we like to have at least three foot off the alley, but as you can see, there's there's going to be plenty of backyard here. And then this will have the parking facility have a way in off of First Street or Second Street and out of the alley, too, right? Which it it basically already does. Well, it's all grass right now, but it will when they because this garage house is sitting down here. Okay. That's where they're going to Okay. And and that has to go away because he can't have two homes on the same lawn. Right. Right. Okay. I had it. Okay. Well, while I'm here, can I ask a question? I've been trying to find out for over a year. You know, all this land back here online. I've been trying for almost two years to see how to buy it. Who do I get in contact? I went to the survey office. There's no name. Uh the guy that lives on the corner has the horses D and D or whatever. They own up to where the trees are. And I mow from the trees clear down to the telephone pole about where this lot here ends. So, and I've been mowing that for like 18 years. So, it would be the railroad now that would be responsible for what would be the old Monon line. I don't know if it's CSX or if it's North Fork and Southern, but I

11:53 – 13:520

would guess one of those two would be the group that you would make contact with to see about the purchasing of that property. And then if you did, you would only get half as it would go it would go half to them and half to if I'm not mistaken. I could be wrong with that, but I think that that's how that would work out. Half to who? Half to the owner on this side. Unless this owner doesn't want it. He already I guess he already, according to this TV screen that they showed me, he's got it from the starting of the stuff down to his property, the railroad. Mhm. But there's no name this way. Well, it's the old Mon line and so it' be either one of those two railroads that you would make contact with. Okay. Okay. Yeah. I'm just I don't know. From experience, old railroad rightways are a big question mark all over Indiana, all over America because depends how they were originally bought. Were they fe simple? Were they easements? And so best thing to do if you want to do that, contact an attorney and because it's the legal process. Make sure you get clear titles. So, it's Right. Yeah. Because I mean I I did talk to my attorney, but then they said that they don't the reception said that they don't deal with things like that that he had called me, but he's never But it gets complicated cuz I've dealt with this before myself. So, yeah. Okay. Yeah. Cuz it's like I keep it clean, you know? That's the problem. I keep that part clean. I just Not a problem. That's a good thing. Yeah. Because they came in and tore down all those trees that were there. the power light, you know, company did. And me being nosy, I went and asked them why. Because of the power lines. I said, "So, you going to clean this up?" "No, you can have it if you want." So, we raw out into the road, into the yard. We ra it all up. We kept it clean and mowed so it looks nice when you look out there.

13:49 – 15:490

But it's all growing back up now. So, but I just didn't want that part messed with. You know what I'm saying? Yep. Well, it's it's not He just has that triangular property. Okay. Okay. I We just didn't understand because somebody said that they were going to keep the house and I forgot you can't do two on one. That's a question I was going to ask you too, Don. This is a drawing you're you're talking to her about. Yes. On here, it does say existing house to remain. Yeah. Is it going to remain or not? It it it cannot. We tried all kinds of ways and I haven't I've talked to Tony a little bit, but I've not talked to him since we worked on it this afternoon. Miranda and I sat down and had a a good long conversation trying to figure out all the ways. So, you know, one of the ways that could potentially keep both is developing it into a small subdivision, but we couldn't get 6,000 square feet for the for the garage house. That would be required as a single family dwelling. So that would require 6,000. So I couldn't we couldn't get that. No matter what we did, we couldn't get to 6,000. And if we did, then we shorthand the duplex because it has to have at least 2,000 square foot. So um it's it it's not going to be able to to hang around there. Um, the only other way that they could do it is if they took the garage, built a different foundation, put the garage in the middle of the property, um, with a new foundation, and added on to that house or in that house. Then you could potentially maybe look at it as a as a duplex type process. But that's about the only way that we can come up with keeping that garage home. Yeah, it looks like it kind of goes over the line anyway and you run into problems. It would be a non-conforming use that meets no setbacks. Okay. I think I think that might be all

15:46 – 17:450

I would the re be able to help her on the answer the office they have here in town. Not um they may be able to guide her to another person to call. Okay. But they won't be able to help as far as acquiring the ground. I know. First you got to find out is hard to do. You got to find out what railroad owns it. Probably CSX I think has the remains of Monon. I think probably that's I have no idea where in fact this would have been potentially the end of the Monon trail you hear about in Indianapolis. You know it could have come right here in this spot but so much has been plowed under between here and you know now Hamilton County is trying to build at least as far as Kirkland but it's pretty much gone from here to Kirkland. So because it trail front lots are really more valuable. You know, it may be an enhancement for for the whole area if it was part of this is the end of the Monan, but uh it's also in the comprehensive plan too, but it's kind of too far gone to really make it realistic. But okay, are there any other questions of any more comments? Anyone else who would like to speak? I guess in favor of Oregon organs including the petitioners or I'll turn it over to the members who has any questions for anybody. I'm in favor of send to the council. Yeah, I just got one follow question too. I know we're going to be having the next hearing and this is kind of a separate one. That's why I was wondering if we're going to do them together, but when they come back in, you know, if the next one gets approved by city council, will this be part of the subdivision plaque? When if the next one should get approved, reszone, and then because that's going to be subject to subdivision approval, I believe, right? This one technically would not be. And so, will it be included? It would not

17:41 – 19:380

be. We're just improving the lot. And so will the sidewalk be extended southward though? The sidewalk should already be there because it is one of the routes to school I believe goes down through there. So because because it ends at the at at the driveway and I was say it would make sense to extend it southward both for the school purpose. Oh, this is second street not first street, isn't it? Or to to access have a walkway from these other lots we're going to be getting to here in a few minutes. So normally when we have construction of of a of a building on a lot, we require that the sidewalks get put in place. So it would be in front of what you have labeled existing house to be torn down. And so it would be extended all the way to the south line. It it should be doing that. Yes. It would be a nice linkage from from this next one we're going to be hearing. And if it's not coming back to us as a subdivision, we kind of need to address that now. That's kind of what I'm getting at. So, we we require all sidewalks to be in place. I'd make a motion. You have a question? Yeah, I've got it. I I'll second that. Yeah, I did have a question. Would you explain to me I guess with our housing shortage, it's nice to put a duplex in, but you're wiping out I say a perfectly fine home. I'm not driven by it, but it's a perfectly fine home. You're going to te require them to tear that down in order to comply. Why can't it all work? Because you in in in a city lot, you cannot have two principal buildings on the same lot um unless they're tied together um through a um a breezeway or some type of a roof

19:35 – 21:350

line, then they become all one property, all one. Um, so you're you're just not now then you're you're entitled by the new ordinance to put in what is called a a grandfather's or in-laws quarter, but that's attached to the principal building. So, it's all based on the fact that you're only allowed to have one principal building on a lot here in in the city of Frankfurt. Why are they not allowed to split that lot? Correct. That's what I was going to get to. That's a great question. I'll answer that. Yeah. So, we tried that when we said we try to develop it as a small subdivision, which is less than four lots and they're not putting in any streets. Um, then the duplex has to have at least 2,000 square ft for it to be in existence. And that single family dwelling has to have at least 6,000 square ft in a C residential district. Well, I can't get it on the property. total the total square foot on that whole property is 8,000 over 8,000 square feet, but we we can't we can't get it divided up, meet the setbacks and have both houses on. We we really tried everything we could to uh keep the garage house in place, but it's just it's just not going to make it. Now, can he go and get a varian? Sure, he can go do that. He can go to that when he if he were to develop this as a as a a subdivision, two two uh lot subdivision, he could come and request when he comes to the prim primary uh development, he could request from from this group not to have uh a 6,000 square foot or a 2,000 square foot, whichever it would take. you you could set that as part of the the primary plot and um and and move forward. So that you could do it just saying okay let's see if we can lock this in and be in place. There are

21:34 – 23:330

ways I guess you can do and variances would be what would be required to get both on the same place or if it's considered I know this is a separate case but you know it's totally related to the very next one you know the land to the south because it's all kind of part of the same larger development that goes into the county and is there a way that's this whole thing could be done under the pud which would also you reszone from B to PUD kind of like it was out there at Vera's point which allows you to negotiate lot sizes, densities, and I don't think surpris me the county doesn't do that for the part of this that's in the county land. I don't think these two properties touch each other. I think that you've got a farm ground uh to the south, Codington. I think that's he's in that area. Isn't that right, Tony? And I think that one is what would separate getting into where Tony's at. So, I don't think it'd be put in as a putt. It's like up here and down here. Is it? See, we're all the way up here. See, they don't touch each other. Okay. So, they Okay, I'm Yeah, I got my I'm I'm off the block. Okay. I' I've been there. But the concept could it still work? I mean, could this be zone PUD where they could keep both structures? That'd be another option. And reszoneed from P to PUB. I'm I'm not real familiar with PUDS. I don't know if there's does it have to be a certain amount of acreage or or square foot to do that or I I I don't know. I I guess I could look it up. I got it right here in front of me. Yeah, there's probably no easy answer. I mean, but that's just an option to consider and and you know, because if there's a perfectly good house, I I didn't get a chance to drive down and took take a look at it, but if there is a good house on there, it'd be nice. Yeah. Is is there a time restraint on this? Is this something an avenue you want to pursue? I don't know if you knew that this other structure would have to be removed in order to move. That's what we're trying we're trying to make it work with that on there. Um kind of

23:32 – 25:320

sounded like it won't, but there's not really a time timeline specifically. It seemed like either BGA approach or the PUD through a reszoning approach particularly tied into the other one because you you probably wouldn't run into the the parcel size issue on that because you need a certain size to do a PUD because Bandera's point was done that way where you kind of negotiate lot sizes as part of the PUD process and then that's what sets your density and kind of overrides all the underlying lot sizes and building units per acre. Also, also doesn't make sense to take down a home when we need homes. I mean, we need the whole idea is to bring in more houses. Well, I'm just wonder if the BCA can't give them a special exception to do that or different route. The the garage home, I call it a garage home. it it meets no setbacks um as far as from the front, from the side or from the rear property because of the it's sitting on that point of the triangle. Is that called the apex? Apex of the triangle. Um it make any sense to hold up and they're saying we need the housing. Would it make any sense to hold it up for a single resident? I mean, you're talking about one house. But the other side of the coin is Well, let me let me step in to say to you that we're not even we're not even discussing that. All we're discussing is the reszone of the property. Yeah. And the development will come down the line and it'll only come if you reszone the property to see residential. And then the work begins on how you put all of it together, whether whether we can make this work out or we cannot. whether you zone it makes a big difference on whether it is what he can do because if you don't do C residential

25:29 – 27:260

the duplex is out unless they go back to the BZA and ask for a special exception um because it is B residential they could do that but um we're we're here to request a reszone and then they will work out through Barry and his group and Tony drawings that what what can be made or what can't be made and we'll go through all that process with the UDO. All we're needing right now is whether or not you will reszone this to C residential. And this is kind of right across the street from the one we had last month. It is it's almost Yeah. on on the on the back side of it. This is on First Street last week and this is now on Second Street. So you're right. Yeah. So it's almost a joint one we did last month. Same kind of concept. So I I personally feel to approve it, faithfully certify it, but encourage them that they can then go to the BCA and argue to keep the house. Yeah. There's ways to deal with all that, but not here tonight. Okay. But this gets a duplex moving and then it's between, you know, your motion still, but but it has to be more parking for the house and then the two, you know, the two d the dumps duplex. So before we go to the vote, we have guests here. Let's make sure everybody understands that because if they pass this, this does not reszone this property. They're going to request the reszone to the council. The council will meet a week or this coming Monday evening. If these if the uh plan commission passes this reszone, then it'll go before the plan commission on Monday. They're the ones who will actually reszone the lot. We're doing a recommendation to to to city council have final say to entertain for a motion. Yeah, I would make a a motion that we approve this

27:24 – 29:220

request for uh going from B residential to C residential on the property at 1252 South Second Street. There was a second, I believe. Okay, roll call then, please. Mark Mills, yes. Larry Moer, yes. Mike Nichols. Hi. Joe Stevens. Hi. Isaac Chavez. Hi. Joseph Bookwalter. Hi. And so anyone from the audience who is interested in this, you can go to the city council meeting also. You know, you might want to announce, you know, the date of advance. So you have any questions of because those are public meetings also. Okay. Okay, the second item on the agenda is CPC 2025-05 by Tad Reynolds LLC. Again, it's vacant land on this on South Second Street to reszone from egg to C residential and I said this kind of straddles the city county line and our staff is on it and can explain it here to us. Thank you, Mr. President. Um this is application 202500423 docket 0 or 2025. The applicant is Caleb Dale Real on behalf of Tad Rentals LLC 4208 West County Road 650 North in Malberry, Indiana. The reasonzoning is of partial ID number 12105207 002.0000 0000-021. It's a vacant land on South Second Street from agricultural to sea residential for multif family living. Um this property is currently zone agricultural. Um the site characteristic um this is a very small version of the legal characteristics of this property. Um because there are so many different properties that are involved in this

29:19 – 31:170

subdivision, I narrowed it down to I hope the easiest part. So I don't have it all down here. We probably have about two or three more pages of staff report. The request is part of the northwest half section 15 township 21 north range range IW second principal Meridian Center Township Clinton County, Indiana. The request analysis is that there are five criterias which the plan commission and the Frankfurt city council should pay reasonable count regard to in the evaluation of a reasonzoning request as specified in section 20101c of the unified development ordinance. The petition is evaluated in in accordance with the below criteria one. The most recent adopted comprehensive plan 2035 comprehensive plan reads as follows. Part three, community living, limited future multif family uses and eliminating existing illegal conversions. This can be accomplished through downzoning most of the city residential areas for primary single family use and stopping future conversions. Any two family multif family structure shall obtain approval from either the plan commission through resoning or the board of zoning appeals through special exception. Eight legal conversions should be eliminated each year from 2016 to 2021. Now, the reason why this is different from the first one is I wanted to put this in here to show you the complete opposite of what's coming on as far as what we're asking for now. And that is through a a land study, a housing study. It now calls for the opposite. It calls for, you know, public private partnerships to develop all kinds of housing, whether it's multif family, whether it's it's it's workforce housing, whether it's single family. Um, so I just put that in there because that's that's what it used to read or what it reads now. Two, the

31:16 – 33:150

current conditions and character of structure and uses in each district. The partial ID 12105207002.0000-21 is a vacant lot. There is a multif family home located at 253 255 White Street, a farm to the north along with single family residences. Three, the most desirable use for which the land in each district is adapted. This property was B residential prior to the new zoning map, but because the city did not have an agricultural zoning district. In the 2035 comprehensive plan talks about downzoning for primary single family use, the city just completed a housing study which calls for all housing including multifamily, single family, and affordable housing. Four, the conversion, the conservation of property values throughout the jurisdiction. This property is surrounded by an elementary school, multif family, a farm, and single family residents. The staff recommends on the summary of staff recommendations to favorably certify the recommended plan of for reszoning of partial ID 12105207002.00- 000 0-021 from agricultural to c residential to the city council. The draft that the plan commission board forwards to the city council regardless of positive, negative or neutral recommendation should be forwarded complete and ready for adoption as an ordinance and general concept. Um, I want to say that in this subdivision that Tony Del Real and Caleb is bringing um forward, um, we will only have in this subdivision right now somewhere in the area of five, maybe seven duplexes. The rest will be in the

33:13 – 35:100

county because of the county line. So when we're going about looking for a recommendation of going from agriculture to sea, it's only this very small front section that's in the city. The rest of it will be in the county. And uh so don't get caught up in all of the duplexes going in. We're only worried about the area where there's going to be five to seven because that's what's in the city of Frankfurt. Ready for questions? So, we're just kind of we're basically doing the first several lots of the panhandle. That That would be true. And the main entrance will be across that question mark railroad right away. The way it looks. Um, yeah, I know that we had a discussion about this when we first started com talking about this subdivision and they were um looking at putting uh the entry to this off of Krug Road, which there is one, and one off of the private street of Blue Green Drive. And um I just recommended that we should try to run First Street down through there for a quicker way for the fire protection and ambulance services to be able to get into the facility. Yeah, because the question would be, is there legal rights to use that railroad right away without getting the ownership first, which they may want to consider? That's a great question. And then secondly, having been part of that school approval, will they have legal access to that road? Yeah, I think that's already been worked out with Tony and the Frankfurt school board because that'd be a great idea if it would be. Yeah. Yeah. Okay. So, again, this is a recommendation to city council. Is there any other comments from the petitioners? Anyone in favor? Then anyone else who has questions or against this proposal because it is a public hearing tonight. When's the next county or council

35:06 – 37:050

meeting? June 23rd. Monday. Yeah. say city council's Monday night. Yeah, it's coming Monday. 7 o'clock. 7 o'clock. I'd make a motion we send this to city council. Was there any other questions first? Is there I mean I think they said the motion then we can have discussion and after a motion. There's been a motion to favorably certify. Is there second to that? I'll second. Okay. Is there any more discussion among any members? Any questions? I'll say yeah. This is a a good project. Yeah, I mean only question I would have would be going across the railroad right away, but I'm sure they work that out legally to be sure that they could do that. So, yeah, I I did speak with them like three years ago and they had no interest or there was no issues with them and uh to get a letter from them is crazy. I mean, it's the railroad. Yeah, I'm saying just just for clear title things. I mean, you might want to get something that has a deed that says they give it to because I know folks have done that. They somehow managed to get deeds from the railroad for that even though hypothetically we're kind of chopping up the future Moon Trail, but at this point it's kind of a can't be done. It's just too far gone. And um okay, any other discussion? We'll have a roll call on the motion. Mark Mills. Oh, we had a hand there in the back. Oh, yes. I was ask where's that located at that you just talked about. Okay. This is going to be right at the very end. The entrance will be off of First Street. White and First it be kind of like white white going straight not quite straight west and first street bending right where the walkway is now. And then it's gonna be built where?

37:07 – 39:070

Oh, gotcha. Okay, I see. Yeah, just a small part of it in the city. Most of it's in the county still. Will the county be annexing I mean, will the city be annexing it? Is it still under discussion? A little bit to my to my understanding. um that will probably be dis be discussed as far as for the council to possibly accept this reszone as a and I think that Eric Woods has had conversation with Tony to work out whatever it is that the council is looking to have as far as the potential of of annexation down the line. Well, obviously we will be at least the city part will be on city sewers. That's right. Assuming probably all of it will be. I'm going to guess that. Yeah. But to do that, that's probably the request that the council's going to make with Tony because it goes from egg to residential is a valid question to make sure there's going to be city sewers available for the residential zoning that we're in effect recommending tonight. So that fall under any more questions? Would that fall underneath the voluntary annex? Would that fall underneath like the voluntary annex? Voluntary I don't know. Is that what they were? I don't know. No, they're coming to the council for the for the reszone making. Yeah, but I mean would he be able to voluntarily Yeah. Um all I think all Eric was was asking is that if if the utilities go into the county that that Tony signs off like everybody usually does on the on the paperwork not to fight annexation. Okay. And if they sign up for utilities, I know the 28. I don't know what to Yeah, I he didn't get into the details. Just I just know of that because I know when it's annexed, hypothetically, the plan commission would have to have approval

39:03 – 41:020

of the area that's still in the county, not part of this when it's annexed. Either simultaneously to or quickly afterwards. I know we we've talked a bit about that as far as the timing, but several things would occur on the county annex and that is one being annexed and then being reszoned to properly fit what's needed to come into the city because it's zoned in the county right now. So um a lot of meetings we would try to tie together so that um this is a project and and maybe Barry if I'm not say this this is there's a lot of there's a lot of fingers in the pie on this as far as trying to get financing and stuff for this and uh one of the reasons why we're here tonight for a special meeting is to see if this will pass. If it does, then we've asked the council to meet and at a regular meeting at for an emergency so that they can then be certified that the ground is now doable for duplexes and now they can apply for their funding um and give them time in July to meet all the criterias that that we need to meet for them so they can apply for their funding. Is the county having a hearing around now too for their part of this? No, because I think it's all zoned properly for them. It is. Okay. Yeah. Okay. Any more questions before we can have the roll call? Cuz we already got the motion on the table on the floor. Okay. Roll call, please. Mark Mills. Yes. Larry Moer. Yes. Mike Nichols. Hi. Joe Stevens. Hi. Isaac Chavez. Hi. Joseph Bookwalter. Hi. Thank you members. Thank you. Okay. Do we have any additional reports

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items from? Um, I have no other business. But before German, I just want to remind you all that we'll be meeting again next Wednesday on the 25th. You get a text from me, Larry. Yeah. Yeah. Get a call. I'll be here for that one. We'll be next next Wednesday, the 25th. and and we're going to be reszoning a property that got changed through the UDO and we'll get into that discussion at that meeting. You you have a lot coming before you in the next few months. I can tell you um we we may be having a a friendly annexation coming to you in in July. um along with the potential of a reszone there. Um so uh in in in I don't think in yeah in July we may be bringing you the historic overlay district to be placed into the UDO. Um we have that now set ready to come before you. We couldn't get it to you in June because of the paper deadline. We couldn't get it in the paper in time for the hearing. Um so that will be in July. Um there's just a lot there's there's a lot that's that's happening that's that you're going to have your fingers in the pie on. Also, I want you to know that um the board will make make before you leave this evening, make sure you sign that paperwork so you don't have to come in in the morning to the office to sign it. So, make sure you make sure you sign your paperwork before you go. And Mr. President, that's all that I have. Motion made. All right. All in favor say I. Be sure to sign over here, please. I don't think they I try not to speak up. I tried to make the thing drag too long.

43:020

I was going to say make

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