Plan Commission - Regular Meeting

meetings. Had two of those uh cyber fishing past three weeks. Just got one just again today. Shuts everything down. Makes for a bad day. Just I went on spring break. getting so like hated. It's like only have one tonight. Guy told me like he was like reading off like probably said I was like I didn't even see it. He's like I don't know somehow something and all those recommendation. It's uh yeah the hall more money to leave you my hall is that gas station there I'm not cover is that walla yep waw wa actually originally come to green field and they wanted they were actually talking about building one up there at their daily reporter council didn't approve another gas station but then after that they approved uh the white family uh uh the leos to build up North of 70. Started it last month. Yeah. But it's it's it's a wawa. Yeah. Good to know. It's okay. Questions whether it's a wall. Got to put on your makeup. You're on TV. We look at the makeup in the I've never seen a wall. I should try. I've never seen I mean we just got my wife come back from uh uh Myrtle Beach. Everything you say is on television. We stopped at this buggies. I mean, anybody watching? Anybody watching? We stopped three. Is that you? Yeah. Golf. I didn't know there was no They'll watch our replay. Most people watch our replay. How's the walls compared to Bies? Oh, two are waiting. Nowhere near.

I was one of them. Nowhere near. I've never been. He's the other one. I knew that. That's one at six. I thought that was it on that. I turned it off. So, I'll go to one. Is it? But no. Lucky, man. Their bathrooms are they got a service attendant in there, right? And Wow. 20 stalls. Put a tip basket out and all that. I'm just telling you, it's it's nice, aren't they? That's why people go to Becky's bathroom. Yep. All right, let's uh call the meeting to order. The June 3rd meeting of the Hancock County Area Plan Commission. June 3rd, but this is actually our May meeting time. Uh, so I would like to ask that everybody turn off their cell phones and any other electronic devices. Uh, all of these meetings are now recorded, both audio and visual. So I'd like to make sure that you're aware of that. Um, our first order of business this evening will be the adoption of the March and the April meeting minutes. We neglected to approve the March meeting minutes in April. So, we have two sets here to approve. Probably need a motion for each one. You need a motion for each one. Yeah. Uh, move to approve the March 25, 2025 meeting minutes. Second. April. Sorry. April. April. Yes. Oh, April. Okay. So, it's been moved and moved and seconded to approve the April 22nd meeting minutes that were submitted electronically. All those in favor signify by saying I. Oppose. Same sign. And I'll need one again for March. They gave us a nice uh copy here just so you could quickly remember what that was if you had any comments. Make a motion approve the March 25th, 2025 meeting minutes as presented. Pick somebody has a second. It's been

moved and seconded to um adopt the March 25th meeting minutes as submitted electronically. All those in favor signify by saying I oppose. Same sign. I'm abstaining. I You were not here. Yeah. And Renee abstained as well, it looks like. So, all right. Um, just like to uh we we have all but one member here this evening, so we're close to a full board. Um, I'd like to advise everybody that your testimony is being recorded and taken under oath. Uh, anybody that's wishing to speak will do so only when called upon. We ask that you face our attorney to my left and be sworn in before speaking. Give your full name, uh, spelling your last name for the record so that we have accurate meeting minutes. Uh, make sure you speak directly into the microphone. Pull it down close to your to your face. Make sure that we're getting everything recorded. We have uh, Miss Brooks will give a staff report and then the petitioner is given 10 minutes for their presentation. That is then followed by 10 minutes for any remmonstrators. We offer 5 minutes for government officials to speak and then another 5 minutes for the petitioner's rebuttal. Our attorney gives a 2-minut and one minute warning as your time is expiring. We ask that everybody here, you and us, um behave in a civil manner and if you can't do that, we reserve the right to uh ask you to leave. We have um three hearing items this evening. Item number one, SJH minor subdivision has been continued by by the owner. Is there anybody here from SJH? No. So, I guess I would just take a motion to accept that continuence for the continuence request. I'm sorry. What's the reason? What's the reason for the request?

It was what? They're out of town. Oh, out of town. Okay. So, so procedurally the if this is an appeal made by another party and not the owner, correct? Okay. All right. So, we want to make sure that they have representation at the appeal. Okay. Motion to approve the continuence as requested until Tuesday, June 24th. Second. All right. Moved and second to approve the continuence of item number one. All those in favor signify by saying I. I. Oppos. Same sign. And then item number three, uh, Frank Miner, uh, a reszone has been continued due to improper advertising. So likewise, make a motion to continue the Frank Miner. Second. All right. Moved and seconded to accept the um continuence of for improper advertising on Frank Miner. All those in favor signify by saying I. Oppose. Same sign. All approved. Um, so that leaves us with item number two, Mr. Benjamin Hall, a reszone of 1.485 acres from I in to CC. So, our single petition this evening is that reszone of the property at 6063 West Station Way in the Mount Comfort uh Village Overlay area. Uh from a split zoning of institutional and CC to uh

totally CC zoning. The reason um for this uh free zone is uh for a proposed use as office professional building and also to uh long-term more of a neighborhood commercial uh type development. This property contains 1.4 acres. As you can see, it goes from station way and backs up to what was previously the railroad track that went through Mount Comfort Village. The neighborhood uh to I'm sorry, the neighbor to the uh east is zoned light industrial and that is an auto uh detailing I believe or like an auto repair uh shop that occupies the former fire station. surrounding uh zonings include institutional um as well as other community commercial. Uh this is in every overlay. So it's got uh village overlay, corridor overlay, and also airport overlay to contend with in situations like these. uh we are permitted to take into account all of those. We kind of have to make judgment calls on what is the most important at that uh in that particular case. What's most uh restrictive or most pertinent original survey was done as part of the application packet. The only item of note was that a uh it appears that the neighbors building is

either encroaching a little bit or almost encroaching. It's like right on that property line. So that was really useful in helping us determine uh where these buildings were on the lot. You can see that the site consists of a dwelling. Um and I'm sure Mr. Hall. You can correct me if I'm wrong about if things have changed. A dwelling, a garage, and then a more more recent pole barn. Here is the letter of intent. It states that the purpose of reszoning into CC is for two phases of development. Phase one will be the expansion and use change of sorry excuse me. Phase one will be for the expansion and use change of the existing pole barn on the property after completion of the build. The building will be used to house Luther Engineering which is an engineering design and custom fabrication company. Completion of the addition and change of use is quarter three of 2025. Phase two will be the development of the southern half of the parcel into a business use that conforms with the zoning such as flex space or single tenant building. Ideal tenants will be small businesses, medical doctor's offices, retail stores, restaurants, and breweries. Timeline of this development is four to five years. Access to the drive and parking area will be achieved through one of two ways. negotiated

easement with property owner to the east along Mount Comfort Road or removal of garage structure from the property to allow for road access. More of a long-term goal there. Additionally, Mr. Hall has included a uh plan or image showing the existing pole barn, and it's a little bit faded in this docu in this little snip that I've got on your your screens right now. Um, but we've got uh an image that shows the existing two- bay pole barn with an a I believe it was a kind of a shed addition uh with an entry area kind of an office space added on to it then to make it look more like it is an actual office and I believe Mr. Hall is continuing to use the residence as a residence. This is what our comprehensive plan shows for that air area and the future land use plan. It shows that this is a yellow area south of station way that this is part of is um sort of a suburban residential area and that the area to the that is blue or north is um institutional and the gray area is industrial and the purple area is regional center because we're getting more into that I70 Mount Comfort interchange area. This area is residential. That is what the future land use map shows here. However, I would also say that it is overridden by the 2021 Mount Comfort corridor overlay plan. What's that one say? So, that one says, sorry, got a little area kind of showing this in relation to Mount Comfort Way.

Here you can see the house where the red pin is the garage and also the poleb barn and then this property line this the property line is truly right along the edge of that building. Let anybody correct me um but that's what the survey shows. And then this is that former fire station building turn garage. So if we look in the corridor plan, it shows this area as traditional neighborhood. However, traditional neighborhood in this sense is a little bit different than maybe we see it in a housing type context. Uh it actually and I'll just read it to you. It says areas identified as neighborhood center or traditional neighborhood have been located at key intersections along the corridor to promote opportunities for smallcale commercial development and offer opportunities for a potential mix of uses including residential development. While not vertically mixed use, these areas encourage opportunities to consider horizontal mixed use plans that could promote small nodes of activity that supplement the larger mixeduse districts identified along the corridor. Lands within a neighborhood center designation are meant to support a variety of uses. Approval of development in these areas should require an examination of use mix at time of development application to ensure a mix. Generally, no single use should occupy more than 60% of the area. Allowable within these areas include general commercial area uses such as one-story

retail, twostory retail, twostory office, gas station, restaurants, general retailed services, also general residential uses. And it is trying to really increase density in areas like this to kind of offer a transition between village or single family and industrial high intense areas. So that's why it's also looking at a density of 6 to 15 residential units per acre. However, that's not what we're looking at tonight. We're looking at this commercial use which does interestingly enough mix a horizontal residential unit in with a commercial proposal. So the zoning ordinance gives us guidance. Uh this of course goes to the board of commissioners with a recommendation favorable or unfavorable or uh no recommendation. Alternately it could be continued and conditions or commitments could be added to your recommendation. Decision criteria would include the comprehensive plan and any other applicable adopted planning studies or reports like we just discussed. Current conditions and character uh of the current structures and uses in each district. Desired use, the most desirable use for which the land in each district is adapted. Property values, the conservation of property values throughout the jurisdiction, and responsible growth and development. Our staff recommendation is favorable. Staff recommends favorable recommendation to the board of commissioners of the proposed reszone from the current institutional, excuse me, not

industrial to CC community. Based on the analysis and findings outlined in the decision criteria, the proposed zoning designation is consistent with the comprehensive plan, corridor plan, and the general characteristics of the area. The approval will not adversely affect the existing condition of health, safety, and welfare in the surrounding community. commitments should could be added um that would limit the f the following uses or prohibit them and these are permitted uses in the CC. Some of them are actually encouraged based on the corridor plan that I just read to you. However, given the property's location within that village node and other village type structures along around it, I would limit the following uh or suggest limiting the following uses or including a commitment with the zoning ordinance that would prohibit them. gas stations, um, car wash, co convenience store, oil change shop, vehicle detailing, accessory shop. Those things work better on the Mount Comfort corridor in an area that would be more easily accessible. This is sort of interior at this point. Um, other uses that I've included here are big parking lot uses that don't really fit into that traditional neighborhood, more walkable, I would say, vibe that our planning documents are trying to tell us this is really what you should be doing here, which I know is aspirational at this point for this neighborhood. Um, but the idea that Mr. Hall has of more of a neighborhood scale, maybe slightly more like industrial uh blending, commercial uh type use. Um does fit in and blend the intensity of industrial districts and what's trying to happen in this area naturally and um the more neighborhood focused uh suggestions of the corridor

plan. So for that reason, staff is giving a favorable recommendation with potentially uh the following use restrictions. You have any questions for me? Yes, me too. I am completely lost how you came up with this is compare consistent with the comprehensive plan because the comprehensive plan clearly says residential. And once again, I will say out loud, I am really hopeful this this board will take another look at the entire comprehensive plan because I think there's a lot of mistakes that need to be fixed and this might be one of them. Are you looking at the map? I'm looking at the map. Okay. So, that is the map alone. That's the future land use map. If you look at the sub area plans that are also included in our comprehensive plan document, they say for this particular page, uh, and I'll just go ahead and say I cited it in your staff report, uh, in chapter 4 that, um, for the Mount Comfort Corridor region that the corridor plan uh, it outweighs the comprehensive plan. But the corridor plan is like it's I mean and you showed a nice picture. It looks more it's like a mixeduse plan neighborhood which I don't think he's building. So once again it doesn't do you see what I'm saying? I I I I don't have a problem with this project. What I'm saying is that our comprehensive plan and the overlay just aren't meshing with what people may want to do and what we think should be done. I can agree that the pictures that are being shown are maybe a little bit villagy for well I mean that's but that's what mixed use is that's what I picture I mean I've been in Hamilton County many times I mean that's I might reinforce the the comment about the comprehensive plan because the Mount Comfort corridor region is dated 2021 but the comprehensive plan is 2023. So it been would have been nice if we had an expectation that that residential usage would have been properly reflected. I mean just I don't know if we would put

residential usage with those adjacencies, right? So it doesn't make a lot of sense. There might be other pockets of this we'll probably encounter as a board, but it makes it difficult to comply with number one on our requirements when the comprehensive plan does not agree with the predated 2021 overlay. It's just a note. It just we have to deal with that piece. Also, what is the concern about the adjacency to the regional center? I think we have to take a lot of care and I've asked this question every time I see regional center. Um this is very close to regional center designation. We kind of have an idea of what that'll be, but I'm not sure it's it's it just hasn't come in front of us um to apply. And this it should should we consider the regional center here at all because it's so adjacent. future land use map. So the regional center designation which is more auto oriented more big box store things like that is south of 300 north station. I should also note the thoroughfare plan in these areas which is reflective of land uses. 300 north is shown as a major arterial as is Mount Comfort Road. So these are roads that are big.

Alternately and important to consider is that station way remains a local road. This is good for residential smallcale traffic. So, people get off here, go get their pizza, uh maybe sit down at a micro brewery or something like that, and then go home. Easy commute off of Mount Comfort Road, but station way stays um an 80 foot uh proposed ride of way. So, two more quick questions for me. Did you consider any design standards to apply? Because four to five years is a long time and there might be some development in the meantime and just the question of how this will be developed in that 45 years might stall some adjacent development not knowing what'll be going in. Um the CC zoning district comply with any corridor overlay standards in this particular location because it is in that Mount Con corridor overlay in addition to non-residential architectural standards. Okay. Would already be as Mr. Hall would improve this area. Um whatever he does would need to um would need to meet our ordinance that would be applicable at the time of application for the permit. Great. Thank you. All right. Questions on the future land use map. I've come across this before. So on the the beacon like in this case here and I and this may not be one but I've noticed that you know that's more detailed than the the map that's actually in the comp plan document. So when this was drafted in to beacon I think that there's been some leeway taken in some of the boundary areas and transitional areas and things like that. So, I'm not sure that that's necessarily exactly what I guess we would actually want to look

at the less detailed map, I guess, right? Not necessarily what's on uh Beacon. I've got, I guess, two things to tell you on that, and I wish I would have linked them now. This was the process that I took arriving at my staff report. community strategies. This is like a sub area plan of the of the future land use map. Kind of gives like some specific areas to different or some specific direction to different areas our future land use map.

that comfort corridor region area we're looking at is right there. That little yellow blob right there. It states that detailed land uses and character in recent corridor plan override this comprehensive plan. So in my mind, our flume, our future land use map can say whatever it wants to say. That future land use map in this particular case is telling me disregard this document. Refer to this document as your comprehensive planning guide for this particular. That's the reason that I didn't even bring our comprehensive plan. I brought the Mount Comfort corridor plan. Yeah. I guess to Scott's point though, that that does have it as residential there, which is very odd. It is. It that's it's just like it's just like destroying Tuttles and putting it slash SL future business park or something crazy. It just drives you nuts. I mean, it's like we've got to fix these things. I mean, I know somebody in the past picked them and but I think these things have to be fixed, but it would have been better to have somehow hatched it saying, "Hey, it's not here. Go find it elsewhere." That would have been the easiest so you don't have conflicting information. That's funny because we were just talking about this saying we can actually change that on Beacon. I can ask John Milburn to do an edit that actually shows in that Mount Comfort corridor area where our plan actually says, "Hey, refer to that Mount Comfort plan over our plan. We can even a special legend just for situations." And that way we're not presented with conflicted information. There's clear development intent for potential developers in that area. I don't know if we have to pass something for that. It sounds like we should because it's going to be reflected on Beacon, but or maybe

it's a technical matter, but then we're not we're not presented with conflicting informationists with tonight. Well, yeah, I think I we're getting a little off topic here, but I I know that um there is a need to we're about due, right, anyways, for the update. We've got a handful of things on the list and this can just be be one of them for the comp comp plan update which needs to probably happen well next year right is that yeah so okay I would point out too that another reason that's appropriate is because the airport has actually changed their plans which means that um the portion of the area shown as future use institutional on our future land use map really we could be thinking of a little differently. It's not in the runway clear zone anymore. So, agreed. We could definitely look at that. Okay. Just for clarification, across from the street where this is proposed, what was the zoning for that area? Across the street is zoned from where this is proposed. Right across the street, it is zoned institutional. It used to be the runway area, right? It had to be There's certain spots where you can't build because it's in the runway crash zone. Uh that would be a little bit further to the north, but very close. Yeah, it's pretty close. Um across the the street is um a trucking repair shop that is grandfathered in, but has been very success. That's where they had the that's where that was that's the area that we've the challenge. I mean Yes. Right. Y and then down down down just I'm just trying to get my my brothers about me, but down the street is where we do have residential properties, right? Um there are a couple of residences still in this little

corridor. I think there's probably three or four on Station Way, right? Yes. And Mr. Hall's uh property still includes one of those residences. I can use map off here. Yeah. So, you can see here that there's a little bit of that village feel. Um, but when Mount Comfort Road got widened, it kind of took out some stuff. Uh, so this, um, so yeah, there are some residences left. Uh there was like four. We've been trying hard to kind of restrict some of the more semi uses in the area, which is one of the other reasons I kind of restricted some of those auto oriented um to try to kind of encourage more um true like commercial retail office things that would bring something a little more dense into this area, which I think is Mr. Hall's plan. So the whole back of this property is it all kind of lane locked is where the buildings are not. I'm going to let Mr. Hall talk about that. So we will have a business as a primary use and then we'll have an existing residential use on the property as kind phase one. Yeah. Okay. And then why are we limiting gas station when it's one of the listed acceptable things in our overlay? I believe that that was intended more for oriented toward Mount Comfort Road and not in a village overlay. Um, but that is one of the reasons I included it. We also have uh two, three, we have several other gas

stations going up right now in that area. Um, and with station way being shown as a local road, I thought it was kind of important to say, hey, this is a local road. We're trying to kind of not do so much auto oriented bright lights come here type uses. So what what CC's then are allowed in this area if these are the ones we're eliminating? A lot. Mhm. I know. That's my point there. I know there's a lot. That's that's why I'm like should we just should we just pick one? What he wants to use it for or should we allow all these other uses and what are they? I'll just read the district intent while we're commercial zoning district is intended to provide locations for a variety of small to midsized businesses and institutional facilities that serve a wide area of the community. This can be used alone and in combination with other zoning districts to create areas for community shopping,

entertainment, services, and public gatherings. This district is intended to permit a mixture of compatible land uses in close proximity to transportation and other necessary infrastructure and utilities. You can see here it allows for a variety of a couple egg uses, uh, residential uses, um, notably not single family, but it's trying to increase to dense stuff like, um, like some, uh, dwellings on second floors, things like that. Now, alternately, it does say too that it can be used in combination with other zoning districts. So where we looked at that Mount Comfort corridor plan and it said something about horizontal mixed use that might mean that one property is zone CC the next door might be a multi-familyzoned property with a multif family project in it. So the idea and we're looking big picture here too. So think too about the property behind this which is a large farm field at this point. Um these are all things to kind of keep in mind as we're looking big picture at what happens at this corner of Station Way and Mount Comfort Road. think about um how traffic gets in and out, how we are accessing that field ultimately, things like that when you're thinking about what our plan and what our zoning process is envisioning when it's saying these things. Okay. Um it also includes uh institutional or public uses. It could include a hospital. Um it could include government facilities. does include things like community center, funeral home, lodge, private club, uh medical clinic, a smaller scale, liber school. This is parking. Yes, we could limit that too. I mean, you're talking about like a parking lot. Mhm. Okay.

administrative or professional office, a variety of other retail type shops and services, car wash, deli, department store, fitness center, flower shop, micro brewery, brew pub, medical/dental office. So you have a liquor store. You could at this point that would be a permitted use. Is strip club one of those two? That would be an adult use and I believe it's only allowed in the industrial general zoning district but nightclub and as a special liquor Four. [Music] Yes. That's it for the primary uses and then I didn't get into the special exception uses because those have to go to the BZA anyway. Okay. Any more questions for Kayla? All right. We'll have the petitioner come up then. Perfect. Thank you. Okay. Yep. Thank you, Kayla. Yeah. Under the perjury that the testimony you're about to give is the truth. I do state your name, spell your last name for the record. Uh, my name is Benjamin Hall. Last name Hall, H A L L. Okay. Um, thanks everybody. I guess I want to point out first and foremost

that I'm a small business owner, not a developer. So, I don't know a lot of what we're going through here, but um I can uh tell you that my as Cayla uh pointed out, you know, my my goal right now is to turn my turn the pole barn that was that is on the property that was bought with the property into a business that I can use to expand my my small business. So, um I know we've talked a lot about potential future uses. Um I mentioned to Kayla and and you know I think it's still it would be a a very interesting use would be that kind of mixed commercial use for various different types of small businesses but I I you know I five years is a long time and it sounds like there's a lot of changes going on in this particular area with overlays and different developments. So, you know, certainly I'm, you know, willing to abide by any requests to to, you know, uh prohibit different uses and then when that time comes, you know, in a few years when when something happens, I'm I'm certainly willing to come back and discuss it. So, um I don't really have a lot of other information to point out other than was already discovered or discussed. So, um by all means, please feel free to ask any questions and I'll be happy to answer what I can. I didn't quite understand. What was your business again? So, we're a small engineering. So we do design work, fabrication um and integration for the food and beverage industry. So we uh you know for instance my customers are uh Coca-Cola um doing work with a customer right now that doing some um uh some small assemblies that pump like fluoride and other things around and these these all get just made and then shipped to the customer site and installed. So, you know, most of these things are between three three by four feet by five feet, but a lot of it's just taking components, assembling them onto a um like a frame, and then shipping them to a customer. So, basically, it's manufacturing. Uh yeah, it I I I would say similar to where they make those bowls and stuff for different This is much more custom. So every one of them is designed with a, you know, 3D model software and then it's mostly just piping and things that are put together

and whether it be screwed together or glued together if it's PVC. So where are you currently operating out of? Uh right now I'm basically working at home because I haven't been able to use it as a commercial structure. So I mean most of the stuff I've been building is pretty small and the design work I do I can do anywhere because it's mostly you know engineering design and plans and drawings and stuff like that. Did you have any issue with the prohibited uses she mentioned plus nightclub and liquor store? Do you have any issues with those? I've got no issues with any of those. I know you want to do a secondary business in the future. Yeah, I um for I mean I guess no, I have no issues with those uses. Um I do think that in that area um you know, having seen how it's growing and how you know a lot of exciting things going in, I think it would be really neat to put in like a micro brewery or like a small gastro pub or something neat like that. I think that there's not much around there for for residents or anybody else coming in and off the highway other than maybe that new strip mall that just went in there uh south of um south of the roundabout. So, I think that would be neat, but you know, again, I'm not a developer. I don't know how to run a business or run a restaurant. So, right now I'm kind of focused on just building out the building and actually putting a sign up and being able to see customers and have people, you know, visit a business place. Would you have any objections to also having uh use prohibited of a primary parking or any of the public uses tenants? Okay. Right. I had asked earlier um do you have any ideas for the back of this property? Is it kind of boxed in? Yeah. Um I think that to do anything back there would require the removal of the middle structure which is a which is an old garage. Um, right now it's really just storage for things. Um, so I think that would be the only way to get back there. There's also some drainage issues that have to be resolved. Um, but you know, putting in a small access throwway would be fine for that. Um, you know,

obviously working with a, you know, civil engineer or whoever it may help with the drainage. Um, because most of the property, a lot of the property is in the rear. About almost half the property it looks like. So, we did discover during uh the new survey process that the GIS is incorrect with the actual boundary lines. So, if you look at the um I don't know if everybody got a survey the new survey in their packet, but there is actually the well the land is still 1.85 acres. Um the there's like a little jut out. I don't know if I can can I change this? Okay. see here. So the little jut out here and that line is actually the the property line. This is belongs to um a different owner. And so it kind of changes my perspective on how I would use that area back there. But and that's why I'm I'm certainly open to you know conditions about how to use it. Um, and that's, you know, it it I think that maybe a long-term use and I, you know, could be something neat to do with the home, whether it be, um, you know, using it as a place of business for someone or like I said, converting it to some kind of a restaurant would be kind of a neat use, but right now I don't really have any concrete plans or anything like that. So, okay. Any more questions? Well, I think I have a after what he said, I think I have a question for Kayla. I mean he's telling us the property line is is the the larger blue is that the entire property or is it different than that? Is that one part of the land lock landlocked?

It's actually less. Yeah. Property boundary. Yeah. But the picture he shows before that had a blue line that included his property and more property, but he said that wasn't his property. That that picture back there. So that's what Beacon is show. So he's Yeah. What he's saying is that this actually the property. That's why I'm concerned because But that don't look right. I mean that would make that other property landlock. Uh Karen A Bon is what it says on the survey. I think it it's part of that larger 17 acre farmland is what I interpreted it as. There's an adjacent parcel that is owned by the same contact. Yes. That is what Beacon says Mrs. V. That's a big farm field that along that old railroad area and it sounds like what Mr. Hall her property line actually extends Huh? Yeah. So the the acreage was correct, but the GIS was showing more area on the satellite view. So once the re the survey was done, the the acreage stayed at 1.49, but it was changed as the uh the the border of the property. All right. Any more

questions? Right. Thank you. Thank you. We have anybody here that would like to speak in opposition to this project? All right. None. Uh any discussion? Guess I want to make sure that is manufacturing an allowed use. You you're largely doing prototype development. Yeah, it's not like a um like a manufacturing line. It needs to be You need to come up to the microphone if you're asking a question. I'm sorry. No problem. So, it's not like manufacturing like a a repeat making the same thing over and over. It's and I've had this um I guess the better word to use is integration. So it's like uh for instance buying PVC pipe and a small pump and then putting it together in accordance with what the customer might want for a certain intended use and then shipping it to the customer. So it's like custom almost like a machine prototypes is probably a good way to put it. What almost like a machine shop? Uh maybe. Yeah. I mean we don't it's we don't do a lot of machining I guess. It's mostly if if there is like welding for instance, it would be like welding um piping together or something like that for a small configuration. So it's it's a lot of uh you know like I said food and beverage or sanitary if there's anything like that it'd be you know small stainless tubing and stuff like that. So So what use would it fall under? Well I think your building will be classified as manufacturing. Um the building commissioners have gotten pretty strict about that recently. Like even in warehouses if people are taking stuff out of boxes and putting them in new boxes they're considering that assembly and they call it manufacturing. So we you know that's uh that's the reason I was a little concerned is I didn't want you to run into an issue

where your building gets classified one way and then your property is not um you know in keeping with that. So people work with you. Oh right now it's just me. Yeah, considered it when I did review of this as professional office. Okay. And I guess too we looked at amplify as a commercial regional land use trade school but we are teaching a number of different trades things like welding the operation and things could be considered part of an industrial but because of the scale of it and the overall intent might look at it as something else. Okay. So, I guess the issue becomes if you start becoming successful and have to manufacture a lot of the same thing, I'd probably have to move. Yeah, that's a that's an issue that uh that the pole barn as it exists today is is relatively small. Um and really the main thing I need now is office because I need a place to sit and actually do the design work and the engineering work and and have a place to sit with clients. Use AutoCAD or one of Okay. 3D modeling, AutoCAD, all that. How many employees could you grow to in the next couple of years? And is the talent pool local? I'd love to get three or four. And I would say that would be entailing maybe an office um support and then the um maybe somebody to help with some of the assembly and things like those things. So, thanks. All right. Any more questions? All right. Thank you. All right. So, I guess if you'd like I'm sorry. We ready for a motion? Were you discussing? Yeah, I was going to say we were Yeah, we'd be looking for a, you

know, our typical favorable, unfavorable, no recommendation, continue table for a favorable recommendation. Um carrying all the commitments as outlined by staff for prohibited uses and adding any any public use, any primary parking, liquor store, and nightclub. Second. All right. We've got a motion for a favorable recommendation with staff conditions and the added conditions as noted. We have any discussion on that? All right. If not then um when you're ready Don you can Mr. Hester. Yes. Mr. Hall. Yes. Yes. Daniel. Yes. Miss. Yes. Mr. Wridge. Yes. Mr. F. Yes. Miss. Yes. Okay. Uh, thank you very much. Just Yeah, you might just check in with Kayla's office um for your next steps here. All right. That concludes our uh hearing items. We have other business. We have an UDO update. Rhonda and Greg have been working very diligently on legal review. Um, and I think we're we're making a lot of small changes here and there that in the end should result in a much uh more refined document that hopefully no one will have any spelling errors or anything. So Rhonda, did you have anything you wanted to add about it? Just that Greg is kind of doing the substantive work because he's so familiar with the code over all those years. And then once he we complete that process of going through his comments,

I'm going to go through it more from a technical standpoint to make sure all the what was in the code. I one thing I I would point out that um I guess was a little concerning to me is that in the review that the um contractor the way they've put this together, they're basing it on Indiana code. They're kind of starting fresh. So things that unless we tell them that we want to carry over existing provisions that are in our code, which in my mind probably are things that were debated heavily for hours and hours after public hearings, will not go back into the code unless we tell them that we want them in. Um, so now I'm kind of grappling with there probably are some things we like in our code and that are the way they they are because we debated them at some point years ago and how do we identify those and then kind of make a policy decision of reshaping this brand new code to fit, you know, our uniqueness. So, I that was just kind of a realization that I had about when they said that unless we tell them, they're not adding language or they're not really incorporating it into the new UDO. We're going to have somebody else's UDO. It's basically like just a standard form UDO without any of the things that we've added over all those years. If we want those things, we have to put them back in, which is where our steering committee's work was extremely important and also where looking at the more recent ordinance updates we've been doing and have been pushed in um and replaced parts of that form UDO. So, we're basically getting all the legal ease up to date and any state code updates that have happened are getting

mixed in. So like our whole sign ordinance was sort of unconstitutional um because of recent decisions higher up about how we really can't say read signs to determine how they fall in our sign ordinance because that is a limitation of freedom of speech. Um we have to look at the form of the sign not read it. So things like that have been factored into our new UDO that weren't in our old one. But there are some things that yeah, we need to be vigilant and really read through it and make sure that hey, that thing I always refer to and love got put in still. And if it didn't, why not? Well, yeah. I'm just trying to figure out how we do a check to let the people actually voting on this UDO. You're going to be here making a recommendation, but then the commissioners will have to actually adopt it to let them know like almost like a side by side. This is what it did say version talking about it'll be very hard to do a red line because they're not they're just two two separate documents but I'm not sure if that whose duty that would be to put that together and but I do think it needs to be done um to make sure we don't scrap something that we really like from our existing code. I also think Rhonda that the people that utilize those areas like the developers, the builders on agriculture that deal with it directly, they're a good source about pointing those things out to us that can tell us those those things. So, I'll give you an example. um because we were looking at the our existing ordinance on cell towers and I don't know how it came about but the history of what our code says now on cell towers is that it's very um attentive to

aesthetics that it's also works to see that there are not so many cell towers you know located next to one another. So there's u a lot of collocation requirements. There's a lot that the petitioner has to prove that um that their cell tower won't interfere with our public safety network. There's some things on their end that they have to show in our existing code for cell towers. That's just because I was working with that one recently and reading through it. those things didn't carry over to the new UDO and those might be things we want. Um, you know, to check to see if there's any how many towers we have within a 2-m radius. Um, those are the kind of things that I think we just ought to be maybe we do like the way it's written and we want to streamline. But I guess that's just calling it to your attention that those protections that we probably worked for example the the solar ordinance, the wind ordinance, um those things are not exactly carrying over like the work and debate that we had on all those items. So, somehow I've got to figure that out on how I present that or who presents it or how it's how it's done. But just thought I'd make you aware of that. Those did get carried over and we have made special note of that. Um, as well as the landscaping ordinance and the exterior lighting or at least we have made sure that there have been improvements made on it. Point that out. Um, some of the more recent I thought we had a lot of that stuff duplicated. I mean the format's very different but I thought we had duplicated those in the steering committee stuff and I thought I didn't look at it in any detail but I thought another note that I've would like to see the the um DRW who's working on it would be to

with every section that they've based it on the Indiana code to let us know what Indiana code section they're basing that general law on that's in our ordinance because we should be doing updates every year after the general assembly meets to see if there's anything in our code that now we can't do anymore. And it would be so much easier if we could run the code that got changed in at the general assembly, run that code site through our UDO ordinance and then it would trigger all those code sites and then we would know to go in and fix the change. But unless they provide us with that code site reference in those sections, we won't know. we don't know how to amend it and update it properly. So, I hope that's something that we can we're going to be asking them for to do that for us. So, hopefully they can do that. I think that's it's quite an undertaking. We've been spending quite a few hours on it just going through notes and we're getting our confined feeding operation standards out of the general land use section and actually putting it in a special area for like that are happening where we had some things that just floated in like the general zoning chapter and they're now getting put into a place that actually makes sense that you wouldn't have to control F ser. It's no doubt that this overhaul was desperately needed because so many changes have happened in at the you know state level that we haven't kept our code current and now it will be current but we want to continue to keep it current. So, hey, we'll keep doing this until it's ready and we're comfortable. Obviously, we want our legal team to be very Okay. Anything else on the other business?

If you guys I guess I have one thing. Um, I'm here at your disposal. So if there is something that you want me to pursue or our department to pursue, um direct me to do so. Um so at a meeting like this, if we're coming up with some things like, hey, this has been out of line with our, you know, with our general vision for this area for a while now. We need to look back at this. We need to update this. Maybe why aren't we, you know, yeah, why aren't we showing that on Beacon? Um stuff like that. Um please just let me know. Uh it has to start somewhere. Um, I know that obviously some of this stuff requires plans and therefore money, but um, you know, I I look to you guys for guidance on what projects I should be pursuing next, especially as we are getting close to, uh, getting the UDO completed and things like that. I just would like to thank you for the agenda with the live links that is making life so much easier. I I don't know if it's happening here at the plane commission yet, but they we kind of did a trial run with the BZA. So, if you go to the BZA agenda and you now just pull it up on the agenda center, you can get to the petitioners application and then the staff report, the the maps, all right there on the agenda. It should make it easier for the staff to just to tell you it's there, it's ready. Um, but that's helping me out a ton. So, thank you for that. I might have then two recommendations just to bring back at our next meeting. One would be to solve this overlay issue and how it's reflected. I just think we are we're presenting ourselves with conflict and we're not representing ourselves to developers um in a way that's understandable. Let's let's be transparent. And then maybe post session we implement um a two-month review of our ordinance to make sure we're picking up any items. And that's just an annual report that comes to us. and that way we won't get um out of date

and that we'll stay in compliance. We won't find out on appeal. I mean my I mean just would make those you can come back with details of what those would be. Just some thoughts. And I I also asked just for everybody's information I asked Kayla and also Rhonda to look at our um our rules I guess again in regards to attendance at our meetings um planning commission and BCA. Uh we've had several recently where we had to we had to cancel a BZA hearing and then we had a BCA hearing that we had just the minimum number of people there. So we had a several people that came with their attorneys and they asked to be continued because we didn't they they didn't want to be heard by a three-person board. They wanted a five person board. The the folks that weren't in attendance, they had good reasons, but it was, you know, kind of last minute and everything. And so I just thought, well, if this is happening to you a lot, then maybe um you shouldn't be a member, you know, just out of fairness to our to our customers our Yeah. So um the state statute, I think, said that three absences is the same as a resignation. Um, but Rhonda has some ideas about three in a row is maybe a resignation. Three over the course of the year, the staff might ask you to, you know, consider your appointment. Um, we should notify the appointing person. So, if you're a commissioner appointee, etc. You know, those folks folks should know that you're missing meetings. So, we're gonna see if we can't uh I'm not trying to slap anybody's wrist, but I just Yeah, it's it's not fair to the petitioners when they show up with an attorney that they're paying and can't feel like they're getting a fair shake. So, so that's something that might be coming in the next uh couple months. So, looks like we got some customer some uh audience members. Anybody have anything they want to

share, talk about? No, we got lots of time. Yeah, come on. a question. Come on up and we can we'll go ahead and take your take your name. I don't think we need to swear you in. But I'm not here to testify or anything. It's the petitioner arrived late for item number three and it was handled so quickly. We didn't get the result of what the decision was. Oh, so item three was uh due to improper advertising. See, it was continued for improper advertising. They didn't get enough days. Yeah. So, I don't know what it was. Was it didn't get into the paper soon enough or something? Is that what it was? You need to ask the I'm just a neighbor and he and he wasn't here until late. So, I was asking the question on his behalf, but he's here if he if you have a question of the petitioner. Well, yeah, you can come on up. Frank, this is Frank Miner. Yeah. Yeah. I'm Frank Miner. Yeah, I'm the number three on that. Yeah, I guess I'm not getting the email from somebody. So, okay. Well, apparently the I don't know what was the issue, Kayla or Don. Okay. Okay. It has to be advertised for 10 days. Is it before? So, okay. Do you guys know when? Next month. Next month. Was this um which is this month? Which is this month? June. Yeah, it's this month. It's later this month. Was this Mike Gibson's issue? Yes. Yeah. Okay. Yeah. He told us about that the other night at the BCA. So, yeah, he was refiling it. So, it will Yeah, I think it'll be on the agenda for June uh what is it? 23rd. 24th. Yeah. Okay. So, yeah. All right. Thank you. All right. Yeah. Thanks for coming. All right. I think that's uh that's it.

Motion to adjurnn. Second. All right. All in favor signify by saying I. I. Hi. 1 hour 4 minutes. Want to write that down. 1 hour 4 minutes. That wasn't the quickest, but it's getting there. 1 hour 4 minutes. We shouldn't have asked one or two questions. Hey, what's going on? I got my girls. Still, you're probably still on the mic, man. You're on TV. You can ask me whatever you want, but I don't know. Let me check. might still be on TV. Hey Rhonda, that is one of his She's working. Yeah, there you are. There. Look, look, look. You're on camera, man. Turn around. Wave. [Laughter] Now, now you know it's