Board of Zoning Appeal & Regional Planning Commission - Regular Meeting

Oh, really? Mm-hmm.

So we'll go ahead and call this meeting of the Jefferson County Board of Zoning Appeals to order. Dickson, if you would open us with a word of prayer.

Thank you, dear Lord, for all the blessings you bestow upon us. Thank you, Father, for all the things that you do for us. Father, we ask for your wisdom, God, tonight to make godly decisions in all these matters before us, God. Father, thank you for the grace and mercy you bestow upon us each and every day, Lord. In Jesus' name, amen. Amen. David, would you please? Attention, salute, pledge.

I pledge 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.

Thank you, Ted, and thank you, David. I understand that everyone received their packets, and I take it that you've had an opportunity to look at the minutes from the May meeting. Do we have any additions or corrections to those?

That's actually in March.

March. Pardon me, March. Yes, we didn't have any in May. Is there any corrections or additions to the March minutes? Being none, I'll entertain a motion to approve. So moved, Mr. Chairman. David Nelson will make the motion. We have a second. Second. Chad Dixon, second. Any discussion on that? Being none, all those in favor, let me know by saying aye. Aye. All those opposed? We're now to citizens' input. We have several pieces of citizen's input. Looks like there's some did not mark whether it's an agenda item or not. So we're going to try to get the agenda items first. And I'll call your name. Please step to the podium. State your name and address. And due to how many we have tonight, you'll have three minutes to speak. If you see the person has gone before you or has had similar talking points, just Please be respectful of the time that we have here tonight to conduct business and try not to be redundant, okay? And we'll get things moved along. And the first person we have tonight for BZA is Lisa Williams.

Lisa, here.

yeah and uh let me share this with you if you're coming about a particular item and you have proof we need to hold up till that item comes up on the agenda and stuff so thank you lisa sorry about that we'll move on down it's not showing on the agenda at all but we have proof okay uh should be are you here about the coral road yes it's item a on the agenda

On the BZA agenda.

BZA agenda. Item 6.

Can I ask a question real quick?

Yes.

I saw a notification today about the power that's supposed to be going in on 139. Is that unautomated?

that'll come up on down the agenda yes sir quite all right and thank you for being respectful sir okay I have James Marano Marino

My name is James Moreno. I reside at 126 Cross Lake Lane. That's part of the Cross Lake Landing subdivision. I'm here tonight to talk about the variance for the cell tower, proposed cell tower. I stand opposed to that. I was curious how many cell towers Jefferson County has. According to the comptroller website for Tennessee, there are 34 cell towers. cell towers, and I just have to ask what would this cell tower mean to our area? As far as I know, there's a cell tower on Deep Springs Road next to the new travel station there. I know I get fairly good service, so I don't know what this would benefit us. I also looked into this other company that is proposing to build. They have a dozen other cell tower sites, and I wonder how many of those they had requested variances of, and really, is this the best place for a cell tower? And that's all I have to say.

Thank you very much, sir. Okay, Karen T. Dodd. Karen Dodd here.

I'm a doctor, okay, so you've got to understand my handwriting. Okay. I don't mind a little humor in life, okay, because I have to live with that. Yes, sir. Let me make sure it's right. Oh, yeah, that's my chicken scratcher. Okay. My name is Keith Dollet, 1987 Lake Brook Circle, Banners, Tennessee. I'm the president of the Lakeside Estates HOA. Since this tower has been looked at and going into place, I have received, I can't tell you how many phone calls and concerns from my neighbors about this cell tower. The concerns revolve around the radio frequency being transplanted out. I have a person who works for one of the major communication companies and he has informed me that because of the location and the closeness of the cell tower to our areas that they will be unable to service any of the communication systems whether they are through fiber cellular or satellite. It'll be completely blocking that area for a result. The other concern I have primarily, to be honest with you, is the safety of this system. Yes, they're going to put guide wires down and everything else. Guide wires fail. Guide wires fail. And they're willing to, you all hopefully are not willing to put our neighborhood, our families, and our possessions at risk for a falling cell tower. Because I really, my neighbors, our biggest concern is that particular issue, if that cell tower falls. We have probably 10 homes that are in the vicinity of that cell tower that if it fell, it would fall in one of those homes. Families and children and vehicles and possessions. So again, I would hope that you would not allow that variance. There's a lot of farmland in the area, in this county, that could be probably better suited for a cell tower than right in between two major residential neighborhoods. Thank you very much for hearing me. Thank you, sir.

And the next one I come to is Bradley Crenshaw. You're about to call Roe, too? Okay. In my opinion, you both need a little work, but that's just my opinion. I appreciate that. Daniel Seale. Daniel Seale. Okay. You got proof on Cole Road? Is that what you're here for? Okay, yeah. Mike Haley? Same deal. Okay. Kathy Livesey? it's on planning so yeah I mean mark goes it didn't get marked what that was on Michael Livesey same same deal

So you were fine.

Dallas. Yeah, Paul. Paul, okay. I'm leaving.

Yes, sir. I'm about to sell the tire. Okay. Okay. I have a real short point. Most realtors will say property value will go down at least 20%. in the neighborhood where the tires go up. I live on 139. I work hard for my money, and I bought a nice place out there, and I'm not seeing for my property value to go down because someone wants to put a cell phone tire in at that point. There's better places like one gentleman made before. You put it up next to the interstate, up on the highway up there, but there's a lot of residential homes on 139. A lot of people's value will go down. That's my point. Thank you, sir.

Sharon Pruitt. Agenda A.

How did you pronounce your name again, sir?

Shireen. Shireen.

And Brian Angela.

Brian here. I'm on the agenda too. I had to mark it off there. I'm sorry.

Okay. Planning on the agenda. Okay. that concludes citizens input for bza we'll move right on down there we've got the planning right here planning commission amd for jim a and d for jim fox pardon me i stand corrected has there anyone else been skipped over to fill one out for bza Okay. Jim Fox.

Good evening. Jim Fox, Abilene Trail, Dandridge. Talking about the proposed variance for the cell phone tower. First off, I would say that the description on the agenda is very vague and nearly impossible for anybody, a layperson, to even know where that property is at. It says, map 082, a portion of parcel 052-00. There's no address or anything for a person from the general public to be able to identify that and know where it's at. And 139 stretches for several miles. So that would be one question is, where is it? Secondly, will it affect the adjoining property getting a variance? So obviously, this is a cell phone tower. I understand that there are regulations for that, one being The fall zone must be one and a half times the height of the tower. So as someone else mentioned, is that going to land on somebody's adjoining property? That's a serious consideration. And another question is, is this the same property that's in front of the planning commission for a site plan? It's a little presumptuous to ask for a variance before you even get approved for the site plan. And what is the other question would be, what is the zoning? What is the property currently zoned? and what is the current zoning for cell phone towers. I think this needs a lot more review, and I think more clarity as to descriptions of the property when these things come before us, before the BZA, so that the citizens' input, like these folks over here, will have a better understanding of where it's located. The original, on the on the Planning Commission agenda had a plot map description, and it happened to be on George Washington Street in a subdivision off Plainsview Road off of Highway 70. That is several miles in the wrong location from where this is actually happening. So I think we just need to be a little more clear with that. approving a zoning variance before even the site plan is approved, I think is being very presumptuous. Thank you. I appreciate your time. Thank you, Mr. Bob.

Okay, that concludes the citizen's input for BZA.

Yes, ma'am, it is.

Yes, ma'am. If you want to do planning, you can Still sneak up there and put one in, but BZA, we're past the time. Next item on the agenda is item six, determination if the property at 865 Coal Road, Jefferson City, is operating within the parameters of C2, General Commercial District, by concerned Coal Road property owners. And I'm going to turn it over to our county attorney for just a moment. He'd like to address this and Doug, the floor is yours.

Just real quick, just to remind everybody, I think there might be at least one or two of you that have not actually participated in a formal BZA hearing. Do the BZA members act as a the law says, a quasi-judicial body. You're, in essence, the fact finder. You make the rulings. You review the evidence. It's not court. It is more informal. Folks are not sworn in. They give their statements. The way that this usually occurs, or as I understand it, Ms. Reston received a complaint yesterday From some property owners on Coil Road about 865 Coil Road. That's zone c2 There was the property owners that you'll hear from Contend that the use is not permitted In the c2 zone, it'll be on it'll be up to them to present whatever evidence that they want I believe the owner of the property as well as here if they had the same opportunity to present that proof as well At some point, I will have Miss Rustin kind of described for the Board of Zoning Appeals after that, kind of her receiving of the complaint and the investigation that she took, as well as some other, I think, county officials that had actually also been out there and reviewed that as well. So just the long and the short of it, you all are the... fact finders and you also decide whether or not this particular use is permitted in that zone. And of course, you have your planner here as well to be able to help you out with that. So with that, historically, it's the folks that made the complaint that would be coming up first. So they'll just submit evidence like you all were the were the judge. Okay. Any questions?

Thank you, Mr. Dennis. And we'll go back to the list of names we have here. And I'll call you one at a time. If you would, please step to the podium. And we'll start out with Bradley. Yeah.

I just wanted to make sure I'm covered. Lisa Williams, we'll go back to you then. See, there's no information on that.

I'm Lisa Williams. I live at 927 Cole Road.

And I live on the century-old farm that connects to Godel or Jodel. How do you say the name?

Gettle. Gettle.

Gettle. Okay, I'm saying it wrong. Okay. I understand that the committee went to the property and told the employees that they were in noncompliance of a C2 radio business. So I'm hearing now that we are going to be able to hear the results, I assume, of this noncompliance. My understanding of the law of C2 business is that the business is established along a major collector street and high traffic area, which this is not. It is also a place for government offices, auto parts business, hospital, insurance offices, restaurants, or beauty shops. That's what C2 says to me that I've read. Per the website, Godel is a heavy industrial company based in Ohio. Another concern of our neighbors is that Godel is wanting to purchase six more acres connected to this property. And I'm requesting that the committee not let that zone it for heavy industrial equipment, which is what this company represents. Since they are in noncompliance on the C2 rating, I have a real concern what they may bring in and sit on this six more acres. My question is why, after coming here for six months, we've had to wait one this long. And I'm glad to hear tonight that maybe we'll get some results from that, and I'm pleased for that. This business should not have been located in our area in the first place. And I blame the county on that. Whichever committee it is, it should not have been put there in the first place because it is not rated C2. I would think it would have been rated I2 or I1 because that's for heavy industrial equipment. I'm not opposed to this company being in the county. a great company. They're doing good work. But I just think they're located in the wrong area. They need to be in better thoroughfare for the type of equipment that they bring in as well as the semis that they bring on our country roads. And our roads are beginning to show the problems with heavy equipment coming through it. And several of our neighbors have been run off the roads because of the semis coming through because our roads are narrow. They're country roads. They're not equipped for large semis coming through. Also another concern is that we are a thoroughfare for Mount Horeb School as well as for the high school. And I would hate for some family member to have been run off the road and had an accident because of the wrong kind of vehicles being on our road. And I thank you for your consideration and thank you for you addressing this matter tonight.

Thank you, Ms. Williams. David Seale. Daniel Seale. I'm doing my best, I promise. Thank you. I feel a lot better now. Lisa touched it.

He's at 566 Columbia Road. It's turn off of Coil Road. Been a resident there for 30 plus years. My son actually has a property next door to the business as well. Lisa brought up most of the facts I was going to talk about. So for sparing time, my only point was safety for drivers because of roads. And I've got maps, and you can Google map it. There's some blind curves. There's new... homes being made and the only thing I will add is the runoff. There's three ponds located directly behind this operation and we've seen them spray and clean their equipment like you would normally do but you know what's that EPA impact doing to the livestock ponds, wildlife ponds directly below it. So that's really just to repeat what she said We love the business, love Jefferson County to have businesses, but this is the wrong place to have that because of the traffic, the equipment, and again, we've got some safety concerns with EPA and water as well. So, thank you.

Did you have... This is your... The complainants, this is your opportunity to actually present evidence. Yeah, I've done this. So, do you have photos or anything else you want to give them?

Well, this is just... Just pictures. This is the roads coming in. This road is from... From 92 going is one way they come in. So you go out Mount Horb Road and you have to take immediate, almost behind turn on Coil. And again, this road, Mount Horb intersection in Coil has had numerous wrecks. It's a main thoroughfare to Lisa's point on high school drivers all the time. This picture and this is the one that's really because my father lives on this curve. This is a road coming in from Dumpin Valley. You take a left off coil and then there's a where this arrow is is basically a 90 degree turn blind hill blind curve because of homes. road lanes. We witnessed trucks, especially the long semis, taking up both lanes with no flag, no people directing traffic. So, you know, again, you get people coming at them with no warning. And then this was just a picture of the ponds. This is the residence and those are the circle ponds and those are directly downhill. So there's three right there in a very

all I've got thank you Daniel thank you sir Mac my Cali 7 8 3 coil Road Jefferson City I got a bunch of pictures from the ghetto business that I'd like they're all the same thing but they're just Definitely show it's not C2, it's industrial. Right now there's six drilling rigs on the property, at least. There's drilling chemicals, pallets with hundreds of bags of chemicals. I don't know how many pallets they got. There's the big liquid containers. They got 55-gallon drums. There's hoses, piles and piles of drilling equipment hoses scattered around. They've got compressors, generators. There's four, five, six great big commercial storage containers sitting there, and I don't know what they're for, love. The drilling rigs are all stacked in the back or spread around, and they clean them. They've got a wash bay that drains down. It's got a hole knocked in it, and... drains down the driveway and goes across i think it's on lisa's property but it's going right down right down the hill and i think the state guy came out and said they use vegetable oil but all those big rigs the drilling rigs you can't run them on vegetable oil and they clean all our other equipment with it too so it's going to be dirty when they clean it and there's 02 and other gas tanks scattered around. There's yard machines. Besides the commercial trucks. But you can walk around the property and see that there's drill pipe everywhere. It's definitely not a commercial. It's an industrial operation. And you can spread those pictures around and

Mr. Alec, a couple questions. Yes. These photos you gave me, the same ones you gave me.

Yeah, they're all the same ones.

You'll want to put those in the record as well.

Yes.

Let me ask you a couple. The photos that they're looking at right now, when were they taken?

They were taken this week.

This week?

Mm-hmm.

And were all of them, did you take all of them? Yes. Okay. Okay. Any other activities that you want the board to know about that's going on out there other than what you've already talked about?

Well, they seem to be cleaning stuff. I don't know if they're hiding it or just spreading it around where it doesn't look so bad. But they've got stuff stuck back in the trees and here and there. But that's it. You should be able to see with those.

Thanks. Thanks.

I think David and other people have sent Stephanie pictures.

Do you have all those?

Okay. Those photos that have been sent to the zoning officers, those are the ones you're talking about? Okay. Yeah. I'm going to She's going to be able to talk about some of those. However, if the residents have those or they took those, the person that took them wants to also introduce them, they can do that as well. Okay.

Thanks.

Sharon Pruitt. Sharon.

Sharon.

Good evening. My name's Sharon Pruitt. I live at 858 Coil Road, directly across from Gettle. If anyone's more affected than me, I would be surprised. I'm literally across from their property. My house is less than 100, well, less than 50 yards from their main building. I am a combat veteran, I'm tired, I'm old. I chose this place because I wanted relaxation and to be able to be out and away from the country. Many times I've seen, many times I've had a hard time getting to work because a truck would be blocking the entrance to my driveway. Kind of hard to sleep at night when there's A diesel engine outside of your house that's rattling the windows. I just want to be, and plus all the noise, spraying, banging, cleaning that they're doing, it gets kind of disturbing throughout the day. And I would just like to be able to let you know that It's really affected our I have a sickly wife that I have to take care of as well as work and This is not zoned for that. This is this place is that place is not zoned for that kind of industrial work and It shouldn't be held Thank you for letting me take up your time.

Yes What's your last name again?

Sorry Pruitt.

Mr. Pruitt. Yeah, I The activities that go on at the property, did you describe those?

Well, they're constantly bringing in drilling equipment, drilling rigs. Sometimes I'll have trucks show up in the middle of the night because they may be running early or whatever it may be, and they'll sit outside of the house with the engine idling all night long.

Did you have any other photos or any other evidence you wanted to present for them? I have already sent those in. The photos you sent to Ms. Rustin? Yes.

Okay.

Thank you.

Thank you.

Thank you, Mr. President. Yes, sir. Is there anyone else from Coal Road that we've missed that we should speak about that or has evidence or anything? Yes, sir, Mr. Moore.

David Moore, 864 Coal Road. I just have one question. I've sent a lot of pictures to Stephanie. All of us have. We just wondered if you guys ever viewed them. And it's pictures of the truck sitting in the road, blocking the roads, unloading in the roads. Uh, they're running, I actually sent her a video of them running an air drill rig like the day, New Year's Day or the day after New Year's. Sounded like a hurricane siren. You could hear it for miles around going off. And I actually sent her a video of that. Just wondering if you guys as a board have seen this, this evidence. We have seen some. Okay.

Mr. Moore. Hang on one second. Sorry. Um,

number one is there anything else you want to tell the board about the activities that are going on on the property uh just i think everything's been covered it's just heavy industrial going in in a c2 zoning area and you know it'd be great if the county could find these guys a better spot that they could operate out of you know i'm not against them or anything it's just it's just disturbing our way of life in the community and

The photos that you sent to Ms. Rustin, you're wanting to put those in the record as well?

Yes.

Okay.

Yes, it was my understanding that that was going in a file.

What you've sent in and everybody else, I just wanted to be sure because this is your all's time. Yes. Just like Gettle's going to have their time. Yes. Okay. Okay. We'll put questions here. Okay. Thank you.

Anyone else? Okay. Doug, are you ready to move along with Bradley?

Yeah.

Okay. Bradley. And pronounce your last name for me. Finchell. Finchell. Yes, sir.

One of them didn't make it so we'll just have to skip over it.

Well, I'll talk about it, but we won't dwell on that one.

My name is Brad Crenshaw. Obviously, I am here representing 865 Coal Road. I represent both Gatsby LLC, which is the owner of the property. I'm one of the partners in that. We were a smaller business that has now been purchased by, or the business that operated there previously has been purchased by Gettle. I'm also representing Gettle because I'm an employee owner of Gettle. So Gettle is an ESOP company. And so many of us that work for Gettle are also owners of the company. So my understanding from whenever Stephanie talk to me or whatnot, was that, and I think that this is the case based off of the agenda, but I just want to clarify my understanding was that the purpose of this discussion was to determine if the operations that are going on at 865 Coral Road by Gettle are appropriate for C2 zoning or whether or not they should be, or whether activities are going on there that should take place in industrial zoning. And based off of my review, that would fall into the I-1 industrial zoning. So I think that first, we really need to cover this background and the business background. Obviously, we all know that 865 is on C2. There's the adjacent property. This is on A1, which we really aren't discussing in this portion of it. But Gettle, the tenant, what does Gettle do? Gettle is an engineering and contracting firm. If you go to sort of page four there, I just did a print off of the first page of Gettle's web page and I put the website up there because it really doesn't print out well, but you can see What we say that we do is we are leaders in geotechnical engineering and construction, specializing in design build for 70 years. So I think it's really important to establish what our operations are. And I put this in here. I'm not sure if everybody's familiar with this, but if you're familiar with the NAICS codes, North American Industrial Classifications, Basically, it's classification codes, and they go in and they group businesses into 20 broad similar categories and almost every business is grouped into this category by the government. And if you look in that way you can kind of tell which businesses are similar economically in the things they undertake and which are not. So if you look that Gettle falls into NAICS code 541 for the engineering portion. and NAICS code 238 for the construction portion of it. So we're really operating under two codes there. So what is this site actually used for? Number one, it is office space. We go in, we have several guys who are Prepping for jobs that are coming up We have guys that are in there that are planning jobs. We're holding meetings there for upcoming jobs We do a lot of Testing there for jobs that go on. I'm there all week this week. I'm running tests for some jobs that we have coming up So that goes on we have repair and temporary storage for equipment and supporting items, tooling, all of those sorts of things, they are coming in and they are going out based off of the jobs that we have going on. And again, in addition to the repair and prep of those, then we have the storage of the equipment that we use to do our work. The important thing is we do absolutely no actual per se work associated with construction at that location. All of our work takes place at our clients' facilities. So as a contractor, then we are sending equipment out, and that's where the actual work is taking place. Just down here, Stephanie contacted us. So basically, this description was provided to Stephanie on January 16th that this is what we do. When we're looking at whether or not we need to be C2 or I1, if you read the accounting zoning resolution from 1998 revised 2021, that establishes what can take place in each zoning district. It'd be really great and easy. if engineering or construction was called out in one of those zonings. That was the first thing that we looked for. That being said, it's not. So therefore, if you look at the zoning resolution, what it states is that you look at whether or not a business is similar to the businesses that are called out in that zoning district and if a business meets the intent and or if the business meets the intent of the zoning district. So really, that's what we have to rely on here, because we don't have anything that specifically states engineering and specifically states construction. So the first thing that we do is we look and we say, what's C2 used for? The list of items there is pretty extensive. The main thing we'll talk about and we'll focus on here is professional services. Professional services, you can see the ones that are listed under there. That is what engineering and construction companies fall under. Engineering companies specifically, they fall in the exact same categories as these items that you're looking at here. Construction companies are a separate category. However, you're performing similar activities You're performing similar activities at a construction office as you are professional service offices. So I think the big thing we should point out here is, especially surveyors' offices, The engineering portion of this is so similar to surveyors offices that most state licensing boards actually cover both engineering and surveying under the same licensing agency. So those are pretty well established there. Also, when you go on, and all of those sort of fall under the NAICS code 541. Also, when you go to Other areas of C2 and see what it allows, some of those are rental stores, repair shops, outdoor storage of motor vehicles, many warehouses. If you look at rental stores, rental stores fall under a number of NAICS codes. However, NAICS code 238, which is the same one as construction, is one of the codes that construction or that rental stores fall under. Rental stores are considered similar to construction businesses. And you think about it, it makes sense because say that you have a small where you run out small construction equipment or whatnot, you're going to have similar items stored at that location. You're going to have similar trucking coming in along the same Of if you're out if you're storing motor vehicles and you're bringing those in and out those are going to be brought in on trucks many warehouses are going to have similar traffic so Construction is also similar to nature what is allowed I'll go ahead and I will point this out before we go on to the industrial. If you look right after the portion that I showed for the website to describe what we do, the page after that, I have put together a table, and this table is a listing of all of the business uses that are allowed by the Jefferson County zoning resolution that fall into C2 and industrial. If you kind of look, it's broken into three columns there. The left-hand column are the two NAICS codes that Richard Gettle falls under. The middle column there are the NAICS codes that correspond to the uses listed under C2. FAR RIGHT ONE FALLS UNDER THE USES LISTED IN I-1. SO ESSENTIALLY THIS IS A COMPARISON OF THE BUSINESS USES THAT ARE ALLOWED IN EACH ONE OF THE ZONING DISTRICTS THAT WE'RE TALKING ABOUT. WE'LL GO ON TO TALK ABOUT THE INDUSTRY ON WHAT'S ALLOWED, BUT I THINK WHAT NEEDS TO BE POINTED OUT HERE is if you look up there toward the top, Gettle is a specialty contractor, falls under the sector of 23. Again, rental stores are under 23. There are no industrial uses called out in the zoning codes that fall under NAICS Code 23. Same if you go down toward the bottom of the page and look at NAICS sector 54. GEDL falls under that. There are a number of uses allowed in C2 for NAICS professional services 54. None are called out in industrial. The other important thing to look at is here, I've listed the industrial uses over here. GEDL does not partake does not, their business use does not fall into any of the industrial uses. So, going back to the format, if you go to 2.3, there's no I-1 industrial uses occurring at the job site. There are a number of the ones that are listed in the zoning commission, or the zoning Resolution 1998. As you can see, manufacturing, we manufacture nothing at that site. Food processing, we do not do at that site. We do not do mining at that site. We do not refine any raw materials. We are not a truck terminal. We do not undertake wholesale trade. We do not have outdoor storage except for temporary uses and Obviously, some of the other ones we're not doing there. So again, we're not performing any industrial activities. I think there may be some confusion here because we do perform some work at industrial facilities. However, those are our clients. Those are not what we're doing. It's like this. I mean, I guess the easiest way I can describe it is if anybody here thinks Domino's Pizza is an industrial I think they should be on industrial land. Well, I've sat in plenty of meetings at Nearestar at the mine, which is clearly an industrial, and they bought Domino Pizza for meetings. So Domino's is a client of an industrial company. We are a client of an industrial company. That does not mean we're performing industrial activities at our site. So, going through all that, again, we're not, you know, I've kind of been through the comparison and tried to say what we do and what we don't do and show that we're doing C2 activities at the site, we're not doing I1 activities at the site. So, the next comparison I did was, I said, well, how does, do we meet the intent of Jefferson City Zoning. And one of the ways to do that was we went in and we said, well, where are construction and engineering companies operating? So essentially, we did the best we could. We went to Google and looked up every company that fell under engineering or construction that had an address in Jefferson County. And if you go to the last page, There's a summary of the district the zoning districts that those companies are operating in at the top and under that there's addresses and the The description that the the company of the type of business that they do so they're either construction, their building contractors, their engineering. We also looked at several nearby addresses to the Coil Road address that have construction equipment or other similar types of equipment stored on them. And then we went to the courthouse and we looked up how are these zoned. If you look at the summary, 77% of those businesses are located on A1 zone property. 14% are located on residential property. 9%, including the subject, are located on commercial property. There is no engineering or construction business in Jefferson County located on industrial property, which to me clearly indicates that the intent of the zoning is not to locate engineering construction businesses on industrial property. Again, as we kind of discussed, this just goes back to intent. property is being used and it requires similar access, storage, things like that to the other operations that we listed in C2. And then finally, the last thing that I wanted to summarize here, is the historical use of the property. So my understanding is the property was zoned C2 in 2011. That was just prior to our purchase of the property. We purchased that property for use of our business at the time, which was GEC Drilling and Grouting Inc. GEC and Drilling and Grounding Inc. is a geotechnical contractor. We did the exact same thing that Gettle does. At the time, we fell under NAICS code 238, so the exact same type of business. Shortly thereafter, we had some equipment. We were a smaller company. We had equipment, though. We started a company that would hold that equipment, MTF equipment. It operated out of that site. Its job was to hold drilling and grounding equipment, the exact same type of stuff that's in the pictures and sitting there right now on that site. So that site has had the same use, having similar equipment sitting on it, having the same operations take place for 14 years now. It's the only type of operation that has ever actively taken place on the site since it was on C2, from my understanding. Excuse me. Gettle purchased the assets of GEC Drilling and Grounding in 2020. At that time, then GEC and GEC's personnel were rolled into Gettle, and Gettle took over operations at the site as a renter. And then finally, As this process has come up, we were contacted by the zoning board. Everybody wanted to come out and look at it. We were fine with it. The zoning board, and I'm assuming some of y'all were there, visited the site on February 12, 2026. And my understanding, I was not able to attend that. I was at a job site in Ohio. But my understanding is that we were told that how that site was being used was consistent with the intent of the C2 zoning district. So again, that is provided to show that historically that site has been used for that and that after review that our understanding is that we are operating the way that we're supposed to be operating. So I will summarize those items. Essentially, Gettle is an engineering and construction company. We do not perform any actual Activities other than repair and storage of our equipment on that side And engineering construction are consistent with c2 usage and we're not using it for anything that is consistent with industrial uses That covers point two and c2a that's their point three no industrial uses and The next point is, based off of our research from the county, we are using it consistent with other construction companies. Actually, the majority of other companies are actually on agricultural land. So we're in a commercial district. That makes sense, though, because there's a lot of agricultural activities that are similar to what we do with equipment coming in and out. The property has been and finally the property has been used in the same commercial purpose for 14 years and the zoning board has visited and told us from what I understand that we were in compliance with C2. That was what I had to say listening to some of the items that were brought up and I I can address these to the best of my ability. I'm not there all the time, but I'll try to go through these and see if I can provide anything. I guess on the trucks, We hire outside carriers, so we don't have control. And I understand a concern that there's trucks on the road. But my understanding is we're not here to debate if the property should be zoned C2 or not. That was decided years ago. We're just here to debate is being used according to C2. And if you, again, if you look at what C2 is, you're going to have larger trucks coming into a number of these operations. If you flip through it real fast, if I remember, there's, I believe that you have convenience stores. Convenience stores have large trucks show up on a very regular basis. I live by one. Agricultural is going to have large, as a matter of fact, one of our main haulers primarily hauls agricultural equipment, so he's doing that all the time. Hardware stores, you would have loads and loads of large trucks. So understood there's a concern and obviously we try to work with our truckers and get them to be as respectful as possible. But again, if you have a C2 property, you are going to have large trucks coming in. Runoff. So we, I'm pretty sure we, I could check and see, but we get phase ones done fairly regularly. I think we have a pretty recent phase one actually. So we are completely in compliance with all environmental regulations. And there was the item brought up about vegetable oil. You actually do run large equipment off of vegetable. It's the environmentally way to do it. There's special formulations. So now obviously it's not what you're cooking your turkey in, right? But there's a lot of environmental aspects that go on there. When we are washing those drills, that's dirt. And we maintain that dirt on our side. And the water is city water that we're running through a pressure washer. So again, we are very closely watched on what we do and what comes off of that property. Hours, we're open from 7 a.m. to 3 p.m., 3.30. Maybe we'll stay open a little bit after that if we need to get something taken care of or something like that, but those are our operating hours. Trucks have been addressed. Noise, actually, noise, so we have to comply with noise on a fairly regular basis. We all have decibel meters on our phones. Our equipment is loud. But typically, by the time you get to the edge of the property, it's less than 90 decibels. And again, we're operating during normal business hours. So again, try to be as respectful as possible. But when you are running big equipment, there's some noise associated with it.

That's what I got. Just a few questions.

Do you want to put this into the record? Yes, please. Real quick, I'm going to pass you a quick claim deed, just to make sure that it's in the record. It's a quick claim deed signed by you.

Me and Gabe Lagasse. Correct. G-A-S-P-E-L-L-C? G-A-S-P-E-L-L-C, correct. Yeah, so we purchased the property. Is that it?

You can look your signatures on it. I just want to be sure.

Oh, okay. That is my signature and that's Gabe's signature.

Just, Mr. Chairman. Just put that in the record as well. Now, do you lease the properties, GASPE leased that property to Gettle? That's correct. Do you have a copy of the lease? Not with me, but I could provide it. Okay. The lease, how long is the term?

So actually the current lease is up this August.

And they leased the 1.61, is it 1.61 acres? that is that that sounds about right they actually just released both and when GSP II I guess sold that to ghetto in 2012 so so yeah no so so sorry you sold it to get GSP II in 2012 no so so Gaspi was set up as a holding company just to own the land Gaspi is still owned by gave and myself I understand, but I mean, GASP is the owner. GASP is. Yeah.

What we sold to Gettle was GEC drilling and grouting. I understand.

Okay. I'm just talking about the property right now.

Okay.

Property is owned by whom?

GASP.

Okay. They bought it in 2012.

When we quit claim deed it it was originally bought by ghetto and myself transferred.

Sorry to Gatsby, correct? All right, and so in 2012 you knew I mean Gatsby would have known that the property was zone c2 at the time Yes, but we knew that we bought that was one of the reasons we bought it with respect to the purposes of the lease for the board's benefit Because we don't have a copy of the lease What does the lease say with respect to the activities that are permitted on site or does it?

It would have general terminology basically saying that it would just have to be conducted in accordance with all laws, rules, regulations, that sort of thing.

And so Gatsby's relationship with Gettle, as I understand it, number one, is Gettle leases the 1.61 acres from Gatsby, correct? What's the other relationship with Gettle?

Well, so that's the only relationship from Gettle and Gaspi.

Gettle has a relationship with you. With me and with Gabe.

They are our employer.

Identify Gabe for the board members. What's his last name? And you all own Gettle?

Well, no.

We are employee owners so not as an ESOP program so we are owners, but we are not And with respect to ghetto It is a as I understand it It's got is it got six offices one in Cincinnati one in Wexford, Pennsylvania one in West Chicago, Illinois one in Knoxville One in Fort Mill, South Carolina and one in Brooksville, Florida

Among some other yards. Got more than that. Like Jefferson City, it's a smaller yard.

When you say the yard, the Jefferson City yard, you're talking about the property we're talking about here, Coil Road. But the corporate headquarters is in Cincinnati, Ohio, correct? Correct. That's just a list of your locations I pulled off your website. But the yards that you're talking about, they don't appear on the website, correct? They do not. And not a shot at your website, but it is pretty hard to print stuff off.

It is, I know. Our marketing person is not the greatest website.

Also, with respect to just what Gettle does, I understand that it's an interstate or a multi-state corporation. That's fair, right? Right. You also do international projects. Gettle does. Occasionally. Right. And the work on the Panama Canal? Correct. What year that was?

We were not with them at the time, so it would be somewhat of a guess, but I'm going to say that it was the 2011, 2012, 2013 timeframe, roughly. Now, with respect to the activities that Gettle does, and

Are pretty but I say heavy in nature you would understand what I'm talking about I think what you're referring to is larger projects. Yes, and they do according to the website as I understand it consolidate grouting Marine construction and marine construction for the benefit of the board. That's water projects Deep foundations earth retention and ground modification, right? That's at least on their website. That is the general large categories the right And so with respect to the grouting, like, for instance, the machines that you would use, you all do consolidation grouting, permeation grouting, structural grouting, contact grouting, asphalt and hot bituminous drilling, and low mobility and void. Correct. Those are activities that Gettle performs, correct? Like that last one with regard to the low mobility, that has to do with sinkholes, basically filling those up. That's correct. The marine construction, that would have been one of the Panama Canal projects. Is that fair? Correct. The deep foundation, as I understand it, one of those, was that in Chattanooga?

We've done a number. On I-24? Maybe. I'm not specifically familiar with that job, but we've done.

But with respect to those deep foundations, you all use the, is it the auger case piles?

There's a bunch of different techniques. We probably do 12 or 15. Drill shaft, micro piles. That's correct, yes, sir.

And that micropile, I think, had to do with the I-24 project in Chattanooga. But when I say larger scale, heavier activities, that's what you're doing. Gettle does. That's their job. That's what they do.

We work for, yes, for larger contractors.

With regard to the earth retention projects, one of those was at Neyland Stadium.

We've done, I think, several at Neyland Stadium.

And that's pile and lagging, sheet piles, shotcrete, soil nailing, landslide, embankment, and stabilization activities. Do you all do those?

We do those. So not all at Neyland Stadium.

No, no, I'm with you. Okay, yeah. No, but when you go to the website and you click on, there's various projects that Gettle does, right? Yes, oh, that's great. The ground modification, you all do soil anchoring and stabilization and underpinning.

amongst a few other things, some ridges inclusions and grouting is also a ground improvement.

Now, with respect to the machines, the vehicles that are maintained or kept on the property, those all, are those licensed in states other than in Tennessee?

Some of them, well, so... Most of these aren't going to be licensed because they don't have a tag on them, right? So they're going to have certain, I guess, registrations depending on where they are and where they sit. So it's more so going to be, I think, for tax purposes than it is for license because We may have a few trailers and maybe a truck or two that's going to have a license, but most of those things aren't going to have a license because you're not going to drive them on the road either.

Correct, but you'll haul them, whether that's on a trailer of some kind. But the tractor trailers and the things that the folks have talked about that you've talked about and the the equipment that you use in those larger projects, those are, is it fair to say that those are from other states other than in Tennessee in a lot of cases?

Some are, some are. The equipment that is in, so Jefferson City is primarily the grouting yard. And the reason is, is because GEC, when they bought it, Did grouting. So that's where the grouting equipment sits. So if Gettle's doing some sort of piling job or some sort of SOE job or something like that, that's not typically coming out of that yard. That's coming from somewhere else most of the time.

The projects that the Jefferson City Grouting Yard is used for are one of those up at the gorge in Tennessee and North Carolina. Are you all involved in the recreation?

We're supporting that, right. We're not sending a lot of people or equipment to it, but that yard does support that because it's the closest yard. So if they need hoses, for example, we would run them hoses, right?

And when I say the gorge... I know what I'm talking about, and probably everybody that's lived here forever knows that, but most other people might not. Yeah, you're talking about along the I-40, yeah. Did that have to do with the Helene? It did, yes. Okay, all right. Other than, did Gettle do any drilling for any pylons at that project? So...

what we are doing right now are piles that they're now that is the foundation they're rebuilding the basically they're they're building a wall to hold the road up then to extend the road back up and essentially we're putting the piles in to go under that wall you're providing so the the machines that that you said the yard this the Jefferson City yard

is supporting that project?

Again, I don't think the drills came from there because those drills are a little bit bigger than what we have in the Jefferson City Yard. However, we're supporting it from the standpoint of, again, like if the hoses are the same and like if something breaks there, it'll get shipped to our yard and then our yard will take it over So we're supporting it from the what we call small tools and consumables standpoint and some personnel standpoint.

So Gettle, there's no question that it does do industrial activities. But you're saying that the use of this, you've told the board that the use of the property is not industrial, but Gettle certainly does industrial projects.

Gettle certainly works for industrial companies. They own industrial sites. There's no doubt about that. It's just that what we're doing at the property is not industrial in any way.

And with respect to the machines and things that are used on those industrial projects, they are either, when you say support, they're either maintained or kept at the The Jefferson City yard.

The ones that are used for primarily grouting are, correct?

I'm going to show you just some, again, on your website is the best I could do. Sure. On the website. Some photos of some projects that Gettle had done. They didn't have names on them. But I just want to show them to you, make sure that these were Gettle projects. I had those done.

You don't have to tell me what each one's from.

I just want to be sure that those are projects that Gettle actually did or worked on.

So the first one, I can't say for 100% sure, but it certainly looks like something that I've seen pictures of before. I'm going to say the same thing for the next one. I'll say the same thing for the next one.

And were those photos on your website?

I do not know. I'm assuming that you said that's what you pulled up. But again, I can certainly say this is the type of stuff we do. Some of them I think I've probably seen pictures of. But they are not projects that I have been involved with. I mean, we do 300 or 400 projects a year. So I don't see all of these. So this is, so I can definitely say, so this was a project that GEC done, did, excuse me, so I was involved with this one, and Gettle, whenever Gettle bought GEC, they bought GEC's resume, so technically GEC did that, or Gettle did that, same for that, same for that, Gettle did that, Both of these are a similar project to that. So I can definitely say all of these, and I can say that all of these are the type of work that we do.

Let's keep those separated then. That pile right there that you had confirmed, we'll pass those around. That is the pile that would be activities. And I'll represent it. I'm not.

And these wouldn't come out of our office? Those definitely will.

Those would come out of Jefferson City's yard? Okay. And if you don't mind starting those over there, that'd be fine. Mr. Chairman, unless the board has any questions for Mr. Crenshaw, I don't. Thank you, Mr. Crenshaw. And I'm going to ask Stephanie some questions just to show everybody kind of how we got here. So go ahead.

One, you mentioned stormwater, and that was something that the residents had a concern about. How do you collect your stormwater to test it? Or graywater, whatever, to run off.

So, any runoff. So, we would not test it to collect it. So, we do not have a process, but again, we're not, we aren't cleaning anything that would, other than dirt, which for the dirt, we use typical control items.

We use oils. No, you said vegetable oil.

Vegetable oil, correct. But we would...

Yes, well, we would have like silt fences, wattles, things like that to prevent anything like that from running off of the site. So that is the typical standard practice that I've seen.

The wattles and the silt fence and stuff like that.

And it has no release?

The, wait, I guess I'm confused.

Okay, you're using a lot of water to clean.

To clean, pressure washing, stuff like that.

So there is runoff from that. And certainly when your site has oils, et cetera, et cetera, from the machinery. And when it rains, there is no collection system. So it goes into the natural conveyances in the area.

It would be just like if it rained on your car. Yeah. So we don't have, we're not a paved lot that has a collection and containment system. Okay.

And, but you're, probably your site is compacted to the point that it wouldn't infiltrate very well.

Actually, it actually, it's got a lot of gravel on it, so, and this is pretty typical, so.

But it's compacted, heavily compacted due to your equipment.

I could not say that. I just don't know.

Okay, so you don't have a point source to test the, Not that I'm aware of. Not that I'm aware of. The water that you clean with.

Not that I'm aware of.

Do the trucks that you utilize to haul equipment back and forth, do they exceed the county weight limit on rural roads?

I do not know because those are, we hire that out. So they would have to They would have to look at it and determine if they are in compliance with any road regulations as a subcontractor. We would not be the ones looking at that, determining if they were in compliance with road regulations. They plan their routes.

So in terms of also the width of the equipment.

They have to go through the state county. They have to go and make sure they're in compliance with that.

And so they're supposed to have an advanced car and a car.

If it's the size that that's required by them. But all the trucking companies have to look into that themselves. And they have to get permits for that if they're needed.

And who do they obtain that permit from for?

Typically, I think it's the state.

It only controls state routes. Say that again. The state only controls routes that are maintained by the state.

Then it would be whatever governing body covers that. Again, I'm not a... I don't do trucking, so I do not know who, but I know enough because I haul enough to know that the hauler is responsible for obtaining the necessary permits to go from here to here.

As the end user, you can't.

I can't do anything about that.

So you can't commit to us that you're not exceeding the imposed loads of the county roadways?

I cannot because that would be the trucking companies that would do that.

Do you have any retail? Your customers come to your site.

Well, we would have clients and we would have clients and people.

But you don't sell anything.

We don't sell anything out of.

Industrial services.

Correct. And our engineering services.

Engineering services, engineering and surveying services are typically operated out of a smaller building or an office area. I actually work for an engineering survey and design firm. We're on the third floor of a building in downtown Knoxville. So when you say engineering services, you are doing the engineering work that has been designed by... No, we stamp drawings. You actually stamp the drawings yourself.

I'm an engineer. I'm a geologist. I stamp drawings.

Okay, so you are a geotech engineer. Yes, ma'am. But in terms of the typical thing that is represented in commercial areas, which is servicing the public and restaurants from a commercial standpoint, you do none of that.

We do not. We're not a restaurant. We do, again, contractor and engineer. Those are the two things we do.

Good.

Just one other. Do you have a deal? And she might have touched on this and I apologize. Um, do you have a stormwater discharge permit or anything like an injector well permit or anything for the, I know we from the state, we don't have an injector.

Well, I'm not sure about a stormwater discharge permit. Okay.

Mr. Chairman, I have something I would like to ask you, please. Yes, sir. I have pulled a few photos that were given to us by people in the audience. Would you just describe what is being stored there on your property? How would you classify what's being stored there?

So these are a couple, I'd say two, maybe three. These are small diameter drill rigs.

Drill rigs? Drill rigs, yeah. Is that a commercial on top piece of equipment?

commercial as far as just a construction piece of equipment. This is also a couple of drill rigs, small diameter drill rigs.

So we have drill rigs.

That is also a small diameter drill rig and a compressor in the background.

Okay, so we're storing drill rigs on the property.

So that is... David, if you don't mind, pass him along to Doug, if you get done.

...poses that would be used for drill rigs and grouting. And there's an extender for it. and a skid steer they're primarily used around the site just to load trucks and things of that sort all right hold that one those are two grout plants i'm sorry they're grout plants so that's yeah so that's what we uh whenever we're grouting we go out and we mix up the um Basically, it's sort of like mixing concrete on top, and we inject it into the ground. Oh, that kind of ground.

Okay, I understand that. I understand that.

Okay. Three more drill rigs. Okay. Two more drill rigs, the same drill rigs.

And related hoses that go along with them. Right, right.

And then this is what we call drill tooling. So that is what we use on the end.

So these things that look like telephone poles, what are those?

So we call it drill tooling. So that's the pot. that we put into the ground. So we drill the hole and then either install something that we can get grout into the ground through.

David, did you have anything else?

No.

Does anyone else on the board have any questions? Okay. Okay. Doug, I think you wanted to give Stephanie a chance.

I'm sorry, Mr. Craig. Do you have anything else you'd like to present? And we've got the one summary. You wanted that to be put in the record. Correct, yes, sir. I got you. Okay. Anything else? That's it. Mr. Chairman, I'm just going to ask for the benefit of the board. I'm going to go up there. I'm going to have Stephanie sit here and ask her some questions just about the complaints she received in the investigation she went through. It's up to you. It's right here. For the benefit of some folks that may not know, you're the zoning officer for Jefferson County.

That's correct.

Now, and again, we've talked quite a bit about the property. Is it 865 Coil Road?

Yes.

And you're familiar with that property?

Yes.

And as I understand it, you received a complaint in... December of 2025?

Somewhere around there. Yeah.

And what was that complaint?

Just that there was a lot of equipment being held on the property and they felt like it was more than what would be allowed in C2 zone.

And the property, we talked about the fact that it had been rezoned, right? Yes. And that would have been in I think Mayor Palmieri would have signed that resolution just for the benefit of the board in July of 2011. Yes. That's prior to the transfer to Gaspi. Correct. Correct. I just ask that that be put in over there, too. Now, back to that December complaint. Once you receive that complaint, just Tell the board in general what you did and who you spoke with.

Well, I talked to, I think I talked to Brad. I also talked to our planning chair, and I also talked to Jimmy Carmichael. And we went out to the property, but that was not until, I think, February. And when we were at the property in February, we met with Mr. Lagasse. And, oh, gosh, I can't think of the other guy's name. Jordan Dyer.

And just tell the board what you saw when you were out there.

Well, we saw equipment. There were some on trailers. There were some just sitting. There was different types of materials, which I had no idea what they were at all. They may have told us what a few things were. We went completely around the property. We also gave them copies of the descriptions of each of the zones, what's allowed in C2, what's allowed in industrial, and, you know, basically told them if they were something on that property that fell under that industrial, it needed to be removed. And if they had anything on property that was not zone C2, it needed to also be moved.

With respect to the roadway, did you receive complaints about that, or was that the highway department?

Yes, and I pretty much turned them over to the highway department because I don't have anything to do with the roads.

What were those complaints, though?

The trucks parked in the road, blocking the road.

Now, you said you went back out there in February of 2026, and when you went out there, in February of 2026, what did you find when you went out there? Was Mr. Lagasse there? Yes. And just explain to the board what you found when you went out there.

Well, we went with Mr. Lagasse and Jordan around the property and just looked around to see what we could see.

And were there Explain to the board just what you saw with respect to equipment.

Yeah, there was the drilling equipment. There was some, I think, larger ones that day. And, of course, there were a lot of supplies that we, you know, didn't even have any idea what the supplies were.

And you were, I think, with respect to the neighbors that had got up that had made the complaint, They had indicated they had forwarded you some photographs. Yes. I'm going to go ahead and take you through those photographs if you have them. And while this is not normal, I'm going to go backwards. So the complaints that you have received, did they continue even up through today? Yes.

The last pictures I received were maybe last week, a couple weeks ago.

I'm going to focus on some that were sent to you May 27 of 2026 from Mr. Moore. Do you have those?

I do.

Since they had asked that they be made a part of the record. I have a copy. I'll shoot around to everybody. I'm going to keep that sheet with them.

you have those in front of you yes and just explain to the board what those show um it shows the large tractor trailers with i guess the piping i'm not sure of the accurate term for that a skid steer some of those drill rigs i don't know if it's a welder what some other type of equipment and it looks like there's you know numerous different trucks not just one truck well pass these

so the board can be looking at those while we keep going through it. But those were photos that were provided to you by a neighbor that they had asked to be a major part of the record.

Yes, that's correct.

The next ones I want to ask you about were April 29. There's actually only one I want to ask you about. It's this one here? Yes. And what does that show?

It just looks like all kinds of construction material. I don't And maybe a storage container. Looks like maybe a drill rig back at the back. And then some type of loader.

In April 27, did Mr. Alley also send you some photographs?

Yes. They were of like the graveled area. I'm not sure if that's a welder, what type of equipment. And then something in that area where they washed their equipment.

There's a concrete pad over there. And it looks like a couple of ghetto drills? Yes.

Okay.

I'm going to skip ahead to April 1. These photos I have. You got those? Mm-hmm. And one in particular, I know there's one that says April 1 that's got the semi-truck there. Yes. The second photograph is what I want to focus on for a second. Okay. What all does that seem to show? And I know you're not necessarily an equipment expert, but just as far as April of this year, that was a... Go ahead. I'm sorry.

I mean, just a lot of construction materials and... Tractor trailer, piping, big storage containers. It looks like there's several beside the barn.

And there's a semi-truck in the middle of the yard. And I lied. I said I was going to go backwards, but I'm going to... Mr. Pruitt also provided some photographs he wanted in the record. Do you have those? Hold on.

Let me see. You said April 9th.

Blue Gettle Machine.

Okay. I've got it right here. This one.

I want to pass those. Just explain to the board those. And this is all a part of your investigation would have been obtaining these from those that were affected out there, correct?

Yes.

All right. Now, just briefly explain those photos as you go through them that you were provided on the 9th.

It's this, I mean, it looks like some larger type of drill equipment. I don't know. And then some type of, I'm not even sure if that's a piping or some kind of reinforcement bar. I'm not sure what that one is. And it looks like a tractor trailer in the background also. the skid steer or the skid steer loader. And then I'm not, I guess a close up of that drill rig. And also a tractor trailer.

March 25th, 2026. Mr. Moore sent you a couple other photographs. Just explain to the board what those show.

Okay, that looks like that's from across the street in the driveway. It looks like they've moved a bunch of the material. There's a trailer in the middle with some kind of piping. But it's, I mean, compared to those previous pictures, it's a lot smaller. and not near than it was in the original pictures.

And those are earlier in time? Yes, this was March of 20th, March. I want to show you one on March 6th. Actually, there's two photographs. They were provided to you by Mr. Moore. Do you have them?

Yes.

Now, what does that show?

It appears that they have both lanes of the road, of Cole Road, completely blocked.

And that's a semi-truck with a trailer? Yes. It looks like some kind of loader.

Some kind of loader to the left of the truck, maybe in the other lane, the left-hand lane of the road.

I'm going to let the board... And did Mr. Patterson, also the highway superintendent, did he go out there as well?

I think he's been out there numerous times. I've not been on the site while he was on site. I think he's been out several times when they've called with the complaints. Every time I've ever went by after a complaint, the trucks were gone by the time I would get there. So I've not actually witnessed the trucks being in the middle of the road or on both sides of the road.

Mr. The highway superintendent has a health situation he's dealing with, could not be here. He did provide a declaration. I have a copy of it. It's very, very brief. I'm just going to read it in. It says, my name is Joe Patterson. I have personal information and knowledge regarding the facts contained herein. I'm the highway superintendent for Jefferson County. Toward the end of 2025, I received a complaint that Coil Road was being blocked at or about the address of 865 Coil Road. Here, I drove to the property and identified myself to an individual who was working at the property. I asked to speak with the person in charge. A supervisor or manager came to talk to me. I explained the complaints I had received and told them that Coil Road couldn't be blocked. He apologized and said that they had four tractor trailers arrive at one time. This manager supervisor further advised that they had five drills going to Interstate 40 to drill pylons for the highway. I have the original of his declaration in that the board, he couldn't be here, but at least he wanted the board to the one time he, I think, he might have had multiple communications, but that one time in particular. I don't, if you all have any questions for Ms. Rustin, you can certainly ask her. I don't have any more questions for her. Before I'm done, I would just remind the board that you weigh evidence just like fact finders, just like judges, just like juries. and you weigh that based upon the professional advice you get from your Planner as well as any evidence that you've received here today you evaluate witnesses just like anybody any court would so the determination that would be made is that to Whether or not that I did not read the categories that are permitted in c2 The zoning resolution I assume that your planner is going to do that But if I'm happy to read it her voice may be better than mine but so the the task for the board is to figure out whether or not the use that is occurring of at this property is a use that is permitted in C2 or is more like a use that is permitted in C2 pursuant to your powers as the board. The property owners are the ones that have brought this issue to you pursuant to your resolution and the powers that you're granted under the resolution as well as the action inaction or decision of County officials in particular zoning Officially, they have brought that to you to decide whether or not that use is permitted. Do y'all have any questions of me?

Thank you Miss Baldwin Oh

Well, I think that we, in the working group today, we talked a lot about principal uses and accessory uses. And also the intent of a district. The intent of this, I don't read them from there. C2, general commercial. The intent of this district is to establish areas for compatible business activities that require high visibility and accessibility. I don't see that this side Needs either one of those things The requirements are the district are designed to encourage the location of commercial Establishments along major collector streets and high traffic areas for convenience of local residents So when I think of commercial district, I think of retail I think of the things that are allowed as permitted uses Convenience, commercial activities, convenience market, laundries, video rental stores, restaurants, drug stores, grocery stores, florists. Even when you have larger pieces of equipment, it's the sales of those equipment. Automobile sales, truck sales, mobile home sales. But again, it's something that you're selling to the general public. electronic stores, public offices, post offices, libraries, schools, buildings, and facilities, professional services, and it does say including surveyors' offices. Surveyors, I work with a lot of surveyors. Surveyors typically have a small office, and the equipment they may have are usually drawing tools and computer capacity. medical services, personal services, barbershops, beauty shops, indoor recreation uses, video games, billiards, bowling alleys, skating rinks, outdoor recreation, golf courses, driving ranges, To my public uses, churches, cemeteries, lodges, and clubs, outdoor storage of motor vehicles. Then it goes into bed and breakfast stands, distilleries, and you get into things that are a little larger as far as typical principal uses go. But the thing that is said that I see is compatible business activities that require visibility and accessibility. All of the permitted uses that I just read are focused on the public and delivering services and goods to them. I don't see any of that on site, especially the pictures that we've looked at. The principal use that this business is performing And I think the individual, the gentleman representative, said that they don't perform any functions here except for storage, repair, and cleaning their equipment. And that is not a retail operation. Also, all of these things in terms of like a grocery store, Yes, there are vehicles that go to grocery stores. You will never find a grocery store on a what we call a minor county roadway. Coyle Road is not on your major route plan, is not on your major thoroughfare list. It is not a major or minor arterial. It's not a major or minor collector or connector for that matter. The type of things that are compatible and generally retail feeds off other retail. But if you do have something like a convenience market, it's very much ancillary that a semi-delivery truck comes on site to service that business. Usually, they have loading docks that are hidden from the public, that are hidden from public view, public use. When we do a site plan, we look at site distance from those areas in terms of how they're going to enter and exit the site. We look at, we require people to move locations. A lot of these businesses are on state routes, either minor or major or minor state routes. And TDOT certainly looks at the width of the access, the turning movement of the truck, negotiating the site, et cetera, et cetera. There are parking lots. There is organization to this. But the principal activity seems to always be a retail opportunity, a service of some sort, meaning doctors, lawyers, surveyors, engineers, et cetera, et cetera. So I don't, if you're looking at compliance with the general description and the intent of the district, I can't say that I think that the use being performed on Coil Road represents or is compatible even with anything that's here. They do not respond to the public. They do not offer a service. They do not offer a retail opportunity. And then so you go to a debate that has been held about the industrial district. which is I-1, and I think there is an I-2, which is an environmental district. So you look at the intent. The intent of this district is to establish areas for industrial land uses that require transportation facilities and utilities and will not adversely affect neighboring properties. The requirements of these districts are designed to promote industrial activities and prevent most other uses. And then you look at the allowable uses, manufacturing, food processing, not food sales, food processing, distilleries, breweries, and wineries, and that's again a production, mining, refinement of raw materials, truck terminals, warehousing, warehousing, indoor storage, wholesale trade, obviously not retail, hotel sale, Outdoor storage yards. Now that is a principal use. And it is identified as a principal use in your industrial area. Since they're not offering sales and they're not offering service, I have to look at what is the principal use that the property is being put to. And I would say outdoor storage yards. I wonder if it is outdoor, not that I'm calling it this, but the question basically asks, does all the equipment on site work? Is it operable? If not, is it junk? Is it an inactive piece of equipment? And obviously from the pictures, it is very large equipment that's used in an industrial manner. So I think that you have to look at the intent of the two districts and you have to look at the other uses that are allowed and determine what category are they best suited for? I understand all the NCIS designations. There are cities that use those specifically. Jefferson County does not the the items that I see in industrial seem to better fit the activity that's going on here and certainly the c2 general commercial district by oriented itself to the public to services and goods for sale I don't see how this is compatible with or is compatible with any of the business activities that are allowed as principal uses in the C2 district.

Does any of the board have a question for Catherine or a comment about this? Doug, do you have any? Pardon me.

Is that outdoor rental on there? This is item 17 is campgrounds recreation vehicles travel trailer parks motor courts recreation vehicle parks

Ms. Cittu. That's item 17.

Any other questions? Doug, do you have anything else, sir?

No.

Arts and minds clear? Much pleasure to both.

Since they're not complying with a lot of the things that are listed in C2, should we, what do we have to do? Put them in another zone? They have to move their property to storage stuff? I mean, where they're allowed to have the big, you know, equipped pieces of equipment stored.

So to my understanding, for them to operate in the C2, they would have to bring all their operation into compliance with what goes on inside the C2 zone when permitted.

The only question is the use that's going on permitted in C2. Right, right.

Mr. Chairman, could we clarify exactly what determination we're seeking? Is it as described in this item on the agenda, or are we trying to determine if the use is

are similar to a use that's permitted or not okay we're to determine if the property at 865 cool road jefferson city is operating within the parameters of the c2 zone that's general commercial and if you go to the parameters of the c2 And you look at prohibited uses, it says any use not listed above unless the Jefferson County Board of Zoning Appeals determines that it's a purposed use is similar to one of these listed above and is within the intent of the zone district.

Mr. Chairman, I would like to make a motion.

Yes, sir, David.

I would like to make the motion that the uses presently taking place on the Coral Road property are not in line with the intent of the C2 General Commercial District, nor are they similar to any permitted uses in the C2 General Commercial District.

We have a proper motion by David Nelson. Do we have a second?

I'll second.

Sue Springfield seconds. Is there any further discussion on this matter? All of those in favor that they are not in compliance with the C2 district, let it be known by saying aye. Aye. All those opposed?

No.

Motion passes 3-2. Okay, moving on down there and if you're here for the coal road project and you want to leave you can if you want to stay you're more welcome Stephanie will be reaching out to you okay next item on the agenda item number seven determination if a flying squirrel trolley cable ride isn't allowed use in in the A1 Agricultural Forestry District. Proposed property is located at 2504 Valley View Road in Dandridge. Dustin and Karen Calhoun. Are they here?

Mr. Chairman.

Yes, sir. No, sir. Thank you very much for your time, sir.

Good evening. Good evening. My name is Dustin Calhoun. I reside at 2504 Valley View Road. Sorry I'm new to this, and I'm not very articulate, so... You're fine.

Talk to us a little bit about what you got in mind, what you want to do.

I have a small envelope that I turned in several months ago that had a short speech in it. I'll probably speed this up for everyone, but... The short of it is, on the backside or the rear of this property, basically from my pole barn down to Douglas Lake, there was a path or a roadway made a couple of years ago. I say it like that because that's how it was told to me when we purchased this property. It dawned on me that there was a great deal of things that could be done with it. It's a wonderful trail and it has various different flowers and, of course, wildlife is abundant, turkeys and so on, bear, all of that. So me and my wife were speaking about all the what-ifs and what could-bes to this. So in short we had some Grandchildren out and everyone was visiting and then the idea hit us with This and there's other ways of saying it essentially there's a trolley system It is not motorized. It's essentially a bicycle upside down, so to speak. You can use your hands or your feet with this. I'm not asking to change the landscape aside from, I think it's eight poles in the ground. I'm not asking for anything dramatic. The last thing I want to do is change anything here. I would like the opportunity to expand this only in the sense of bringing six or eight families to our cul-de-sac, so to speak, and given an opportunity to unplug from everything, because there's no Wi-Fi signal where we're at. There's no lights and sirens. It's quiet. It's perfect. So me and my wife work in health care. We take care of, well, about every walk of life, I guess you could say. So going through this for so many years, seeing the limitations of all of that this opens up opportunity for residents of skilled nursing homes and so on I don't know that there's a word for it and you have to forgive me I'll fumble it if I try it but I'm not even really asking for it to be rezoned if I don't have to I believe I read something somewhere that there can be an exception Maybe I have that wrong, too. I read a lot of stuff over a short period of time. With that, of course, all of these things that I see that you have in front of you now, it's on a scale that no one passing by in either direction or even an airplane, I mean, you won't notice anything out of the way. This is The greenest example of something that you could take your family to, and the worst case scenario would be my dog or chickens or goats bothering you. So I need essentially these eight or nine poles, a five-eighths cable, that these trolleys or some people call them sky bikes, I'm not sure. that they hang from and a deck that they would leave from and come back to. This is what they call a closed loop system. That's really about it. I don't want to talk in big circles or take up anyone's time, and I have to.

Thank you very much for sharing that with us. And everybody had a copy of this in their packet, correct? Yes. Catherine, do you want to make some comments on this one, I think?

I have a couple of concerns. Sure. So you live on the property.

Correct.

And would this be something that someone would come to and buy a ticket?

This would be solely, I think they call it a QR code. Locally, I like the idea of using a QR code for anyone that was to use

But that's just how they pay for it. So they would pay to use the facility?

Yes, they would.

Yes, go ahead.

And or volunteer, I'm sorry. Well, yes, but, you know, if they did, and it is mentioned, like, clean up volunteer time here and there.

And I think, is there a license to obtain from, typically the state of Tennessee would Is there a license for something of this nature? It seems like it's one of those things that you zipline. It seems like a zipline with an apparatus that you're in.

It follows a lot of the same safety guidelines, no more than a six-degree pitch, poles at such and such depths, yes.

So is there a license by the state of Tennessee that you would obtain?

I can't answer that because as I'm getting my ducks in a row, I've got to make sure that I can pursue this dream before I can pursue this dream.

And so also, is there a safety inspection to protect from liability?

Absolutely. There are weekly and monthly PMs that are done on the cable.

By whom?

During construction, obviously, or as the polls are set, you have to follow the guidelines that are mentioned. I'm sorry, I don't have the paper. And then you have to keep a log of everything that's done, cable frays and tensions.

There's not an independent authority that is certifying safety?

No, but there can be. I mean, I'm just being honest. Everyone can win here.

So one of my concerns is that additional use transfers with the title of property. It goes to a subsequent title holder. So if you grant this to you... the applicant then it would also transfer to a subsequent title holder my concern that is until some there's some additional information provided and if there is a state license that one you know it and you have it and that the liability for the operation of that rests with you and not us or the county as an authorizing body, especially if the use transfers to subsequent title holders. I think it sounds fun. I think it's kind of something that's... maybe a cutting edge and so the the information that's out there regarding licensing regarding inspections to my knowledge because this is something if it's a like a carnival is heavily inspected heavily inspected the rides that are permanent or not and There are a lot of rides in this area, obviously. Sevier County is full of them. There's also been a number of high bodily injuries on those things as well. This may not have the potential for that, but I would have to say that based on the amount of information, the lack of knowledge on licensing and inspections and liability that because it's this is a forever thing I would not recommend approval until more information is collected and submitted

Does anyone have any further questions? Yes, sir. Not a question.

I just wanted to point out something to you. I noticed on your drawing that you said your poles would be placed maybe 8 feet from the property line.

It's very crude, but yes.

Well, you would have to comply with setbacks, and our setback probably on that zoning would be 10 feet. So you just have to know you have to comply with those setback requirements, right? Absolutely.

Would you like to... kind of get together a list of the other stuff that you need to check on to find out the information and bring back to us, and then let's not take action on this tonight, but maybe look to postpone it or table it until he has an opportunity to get that information. Okay. I'll entertain a motion.

And about how long would you want to postpone it? In other words, when do you think you can have additional information to bring before the body?

I'm not sure. I could probably run to the house and dig up most of it at the moment, but...

I guess what I'm asking, would you want to come back next month?

Absolutely. I'd like us to all pursue this if we can, and if not, I don't want to waste any more time.

Catherine, you can get Stephanie the...

list of the information that you'd like to bring back with force as far as licensing insurance and all those type things and inspections inspections the most it can be at any given pitch is around 15 or 16 feet so yes there is liability with that the basket with what your liability insurance for the operator and it's this is as vague as most anything else you look into yes it is there and of course with what you're in if worst case scenarios cable breaks this falls off on impact those things cushion you or prevent this or permit I understand that but just to make sure that this is something that I can pursue and we can all Whatever I need to do, of course.

If you get that list, get that information, you think 30 days is ample time for you to complete? I believe that's realistic. So we can table instead of postponing.

Yeah, in terms of actions that are required, it's only on subdivision plans. So you're not required to act on them. Requests of this nature. You should defer or take some sort of action.

Right, but as far as Next month or in three months I'm just looking at table Table would you have to take it up if you don't own you, right? So just Robert fools over So what to play what's the pleasure of the board

Mr. Chairman, I would like to make a motion that we table this until the next meeting for consideration of the flying squirrel trolley cable.

We have a proper motion made by David Nelson. Do we have a second? I have a second. Mark Chambers, any further discussion? Being none, all those in favor postpone until next month's meeting. Nothing on the saying aye.

Aye.

All those opposed? Motion passed. Thank you, sir. Okay. Moving on down. The agenda is item number eight, the variance request of the required setbacks by incorporating the engineered file zone for a proposed communications tower to be located along Highway 139, Dandridge, by Bogue Towers to LLC. Do they have it? Yes, sir.

possible to shut it?

Yes, sir. This is the last one on BZA.

All right. This might make it easier to follow along. Good evening. My name is Michael Sanifer. I represent Vogue Towers in their development, acting as a project manager. Boak Towers is proposing a new multi-provider wireless communications facility, including a 195-foot monopole structure within a fence-secure compound. What I mean by multi-provider is they are essentially a property manager, and they build for all the wireless providers, and they also try to promote co-location and put wireless providers all on one pole. If you can imagine, they're basically like a shopping center owner, property manager turned up on its side. So you can have Verizon, AT&T, T-Mobile, whoever that way. In this particular instance, Verizon Wireless is the co-applicant and this need was identified by Verizon Wireless. Vogue Towers make space available for the local EMA and first responders free of charge on their towers. So if there's a need for police fire in the area, they work that as well. Once constructed, the facility is unmanned and with only a technician coming by about every six weeks. The next page is fine. Some information for you on wireless in general. A lot of this is just boring statistics. But Americans used 132 trillion megabytes of data in 2024, shattering the 100 trillion megabyte record set in 2023. 2024 wireless traffic totaled over 2.2 trillion short messages, up 42 billion from 2023. That was a 32% increase in 2023, which 2023 was a 36% increase in 2022 and more than all of 2010 through 2018 combined. In the U.S., we have over 67,000 short messages per second. At over 2.4 trillion minutes of talking via wireless connections, that was enough to watch every single movie and TV show in the Marvel Cinematic Universe more than 264 million times. There's 579 million wireless connections in the US, or approximately 1.7 per American. One of the most important ones is over 80% of all 911 calls originate from a wireless device. Just under 80% of adults live in a wireless-only household, meaning no landline, and those numbers are significantly higher, closer to 90% for the younger demographics. 80% of consumers consider wireless indispensable, and according to a CTI morning consult nationwide reputation survey from 2021, 74% of Americans say government should make it easier to build wireless networks. I could use some of those folks with me tonight. ERIKSON EXPECTS THE AMOUNT OF TRAFFIC TO DOUBLE AGAIN BY 2031, THE AVERAGE OF 25 GIGABYTES PER MONTH TO 49 GIGABYTES PER MONTH. AND THEN 95% OF NET BROADBAND ADDITIONS FROM 2020 TO 2023 ARE 5G HOME SOLUTIONS, BEATING OUT, AND THAT IS A NET, BEATING OUT CABLE, DSL, ET CETERA. This year's Super Bowl saw 76 terabytes of data used, which is equivalent of 1.5 billion pages of text. So why am I sharing this with you? Wireless is growing. It doubled between 2000, it averaged in a 30 percentile from 2022, 2023, and 2024, so essentially doubling the volume there, and then they, Cordaris, and they think it'll double again by 2031. It is running a race on people's usage that they can't even keep up with if they could build everywhere. So what we're requesting is, and I know this gets messed up because first we're just hearing the variance for the setbacks. The two items there are 7.7a, which is REQUIRES A TOWER UNDER THE ORDINANCE TO BE A PRIMARY USE, SO NOTHING ELSE ON THE PROPERTY, SO THAT'S THE SECOND PIECE WHERE WE HAVE TO SUBDIVIDE. AND THEN 7.7C, WHICH IS THE SETBACKS OF 150% OF THE TOWER HEIGHT. WHAT WE'RE SHOWING ON THE SITE PLAN IS A SUBDIVISION OF THE SOUTH END OF THAT PARCEL, APPROXIMATELY 2.2 ACRES, AND THEN WE ARE REQUESTING RELIEF FROM THE SETBACK REQUIREMENT BY INCORPORATING WHAT THEY CALL AN ENGINEERED So this is a monopole, a tubular structure like you see on some transmission lines, utility poles, the same manufacturers that make them for telecom make them for utilities. In fact, a lot more of them on the utility side. One of the challenges with the primary use and then that 150% is, if I read it right, I'm not sure I did, the ordinance looks like it was done in October 2000. So, back years ago, everyone wanted to keep it out, and now, more about the current ordinances, or how to make effective plans to figure out how to regulate in places where they need, and where it works for both parties to get it done. Like I mentioned, the engineering fall zone is essentially, if you can imagine, an umbrella shaft or a golf club shaft, getting that heat in it, and the bottom portion up to some And so the pole can kink just like that an umbrella shaft would and it will come over on itself And that's what it does by design As far as what we submitted in here looking for other options There were no available structures within two miles from nothing existing to co-locate on the site is in compliance with FAA and has a determination of no hazard by the FAA and AND AGAIN, SPACE IS AVAILABLE FOR EMERGENCY SERVICES IF THAT NEED IS THERE. VOGUE ALWAYS SAYS THAT FREE OF CHARGE. A COUPLE OF THINGS. UP HERE IS A TAX MAP WITH A HALF MILE RADIUS. UNDER THE CURRENT ORDINANCE, I don't know if you can see it on there. I marked two pieces of property with a little yellow X. There was only two parcels within that mile that even would stand a chance of meeting the ordinance.

Can you stand that? Because I sure can't see it. I'm trying to. Give me one second.

One X is up in the northwest, and the other one is east.

The red X. The hardship here is, again, only two parcels can even

conceivably meet the setback requirement. Also, because of the fact that we're having to subdivide, it has to be that primary use, so there can't be anything there. We have to find vacant space in order to essentially subdivide and create that primary use. Based on the height, the 150% is roughly a 293-foot radius or 6.2 acres of undisturbed area in order to meet it. And that number is including the lightning rod, by the way. The second page shows additional sighting challenge information uh we can't we attempted to contact 28 property owners by letters august of last year where we could find phone numbers attempted to follow up with phone calls to gauge interest there's several on there noted in red that were absolutely hard-nosed there were a couple that said yes they don't they wouldn't meet the uh ORDINANCE EITHER AS FAR AS THE SETBACK CHALLENGES. AND SO WE HAVE ONE THAT WAS THIS PROPERTY IS THE CLOSEST IN TERMS OF HAVING AVAILABLE SPACE AND SIZE. THE NEXT THING I WAS GOING TO SHOW IS, AND THIS IS A THIRD PARTY, HAS NOTHING TO DO WITH VOGUE OR VERIZON. ANYONE CAN GO OUT. IT'S A WEBSITE CALLED CELL MAPPER. IT'S A CROWD SOURCE KIND OF THING. I THINK YOU SIGN UP AND ESSENTIALLY VOLUNTEER YOUR PHONE TRAFFIC AND INFORMATION FOR A DRIVE TEST. SO WHAT IT DOES IS IT JUST MAPS IT OUT. YOU CAN GO ONLINE AND CHOOSE ANY CARRIER IF YOU ARE HEADING SOMEWHERE OR LIVING SOMEWHERE AND SEE KIND OF WHAT THE COVERAGE IS. THE PERFECT SCENARIO, IT'S HARD TO SEE, AGAIN, ON THIS MAP. YOU SEE THOSE RED DOTS. THOSE BASICALLY ARE CALL LOGS AND THE COVERAGE. AND SO RED, BLACK, THAT TYPE OF THING. THE NEXT ONE IS JUST AN EXAMPLE. THE IDEAL RIGHT THERE IS YOU WANT TO SEE BRIGHT GREEN. THAT SHOWS GOOD COVERAGE AND GOOD QUALITY. AGAIN, ANYONE CAN GO LOOK AT THIS. IT'S A WEBSITE-BASED ITEM. I THINK FOR $3 A MONTH YOU CAN GET RID OF COMMERCIALS.

Is this a demonstration?

Great timing, right? So this is the vantage point. Part of the package that was submitted was photo simulations. The first image on the left is actually just showing where the vantage points were. And then those are three of the four. just showing what the tower would look like from a simulation standpoint from those locations. And then the last is more information just describing the engineered fall zone and what it does, some examples of the towers over there that incorporate that kind of technology and design. Once a tower, should it have a catastrophic failure, what's remaining by when I said that they over-designed the bottom It has an exponential gain in strength if, theoretically, the top portion is not there. The engineers won't let me say it. If you were to do a 50-50, it essentially becomes almost four times stronger because it only has 25% of load. But engineers don't like to say four times stronger. At a 40%, meaning the bottom 60% of the pole remains, it's only carrying 36% of the initial load that it was designed for, so it's almost three times stronger. There were a couple questions earlier, or some comments. There are no guide wires. Again, this is a monopole. It's a tubular. Most of them are, like, 18-sided, so it's round and hollow, a bunch of flat sides. Just like big transmission lines, if you see some of those, or a lot of utility lines. There was, I think, one concern of some RF, you know, the SEC. HANDLES THAT AT A NATIONAL LEVEL, SO I'M NOT ALLOWED TO SUBMIT ANY MEDICAL STUFF OR RF STUFF LIKE THAT. THE PROPERTY ISSUES WOULD AFFECT NEIGHBORING PROPERTIES. THE VARIANTS, Y'ALL GRANT IT, SHOULDN'T AFFECT ANYONE ELSE'S PROPERTY. IT'S LIMITED TO THIS ONE HERE. THE TOWER IS DESIGNED SO THAT IT WOULD COLLAPSE WITHIN AN 80-FOOT RADIUS. THAT WOULD BE THE BOTTOM, AGAIN, THE BOTTOM 60 FEET, I MEAN THE 60%, WHICH WOULD BE THAT 80 FEET. SO WHERE WE ARE SUBDIVIDING THE BOTTOM PORTION OF THAT 2.2 ACRES, WE COULD, IF WE WERE TO APPLY THE 150% TO THE FALL ZONE NUMBER, WE WOULD ACTUALLY STILL COMPLY WITH THAT 150% OF THAT FALL ZONE EVERYWHERE EXCEPT TO THE RIGHT-AWAY TO THE SOUTH. one of three, I think we need to be 120. So we almost could comply everywhere with 150% of that fall zone. And I'm happy to answer any questions you might have.

Does anyone have any questions? Catherine, I think you may have had a comment or two you wanted to make.

Yes, sir. So we have a separate section just on performance criteria for cell towers. And I'm sure you've seen that. That's where the setback requirement is. And as far as it being an allowable use because it is quasi-utilitarian. I think it was not identified or limited to a single zone district. And that's why you don't find it as a permitted use. I do think cell towers are kind of like sewage treatment plants. They go where they go. They go there for a reason and a lot of times it has to do with elevation, location to a stream for sewer treatment. And this is height. And also your latticework of cell towers that can talk to each other. But also, setbacks are not simply for protection as far as a fall zone, engineered fall zone. And I have to say, I have seen a tower that was hit by a vehicle and it fell. And it didn't fall in the fall zone. But the side yard and front yard setbacks, well, all setbacks, are also done to mitigate off-site impacts. And there have been numerous precedents for approval of sour towers in Jefferson County. where they have met the criteria. There has been one denial, and it was on August 27, 2019, and a cell tower requested a variance. And the required setback provision was held, and the tower in that case was denied. The request was denied. And I did ask Stephanie to make copies of these. Just so you could see what off-site impact previously determined. So the BZA has set a precedence as far as Denial of a setback. We actually collected the minutes and read them as far as the case that was presented and the reasons for denial. And they were very similar to here. If you look at the two pictures and the amount of property around the one that was denied in 2019, it was actually in an open air area. Most of the properties around were farmland. They were rather large. I can't really speak to why the precedent was set, but it was. And if you look at the second one that's being requested tonight, you're in a pretty intense residential area. You are sandwiched in there. And in terms of your fencing, everything that's on your site plan, I think you're in compliance with everything else. But the setback is there to mitigate negative offsite impacts. There's a number of people who have homes that immediately a but or adjacent to your tower and in those situations I don't think that it is fair because I do think they're I wouldn't say a visual blight, but it's not like they're the best things to look at. In fact, in a lot of areas, I think there's one in the National Park that is made to look like a giant tree. It doesn't really look like a giant tree. But you can tell just by the effort that they are trying to mitigate the appearance.

Sure, and those work well. We did one in downtown Gatlinburg, and so it has the backdrop between hills and vegetation that it blends in, and some of them are terrible, and some of them, you know, for the pine, they look like something like that, but it's, they have... you know branches per foot and how thick of a density and if you are willing to commit and do it they now actually do some pretty good trees but it has to be in the right place

And again, this one is immediately adjacent the rear of people's property. And we were talking in our working group today that your rights on your property stop at your property line. Mine begin there if I'm there. And I think these people have made major investments. That's probably the biggest investment they'll ever make in their life. And they're entitled to enjoy that investment. the enjoyment of their backyard, their open spaces, any places they're going to see this, I think that that is an issue. And I also don't see that you have a hardship. Usually a hardship has something to do with the land and not your business model. And you do have a business model. You have a placement per so many miles or radius of the electronic signal, et cetera, et cetera. But that is not a hardship that is directly tied to this piece of property. As far as basing of variance on And say was pretty specific about this it has to do with the grade of the land the presence of a Water body in a lot of instances we move we allow variances based on the hardship of locating a a septic line, et cetera, et cetera. And so this hardship has nothing to do with the land in question. It has to do more with your business model.

There is a hardship on the availability of land. In order to find an unrestricted 6.2 acres, because that's what, because it also, it's not just the setback, because it also has to be a primary use, we have to go find land to subdivide so the tower can become primary use. And so I... I said, showed the circle that it was only two parcels that I could find that could even fit that within a half mile. The second one showed parcels down to the west. I found three that could, out of all those parcels, could support that. So there is a hardship in terms of general location and making it work under this ordinance without it being prohibitive. But I do want to point that out.

I understand. Point well taken, but I think that those are things that should be considered and that The residents are there. They've been there for a long time. The shape of the property is just not conducive to this as far as the...

Challenging.

Complementary to the uses on either side of the property or in the general vicinity. This is a heavy residential area that are formal subdivisions. And Jeff County doesn't have a lot of formal subdivisions. I think the zoning ordinance is there to serve to protect that that utilization Thank You Katherine do we have any further

Mr. Chairman, I do have a comment on questions.

Just a comment about the request. You pointed out that to meet the setback requirement, it would take six and a half acres, I believe. Almost. And I would think when this development standard was written way back in 2000, that that was contemplated. You know, I expect our county commission expected that would be the case. So it's going to take a parcel probably of that size in order to meet these standards. You're requesting, to me, not a variance because you're asking to do this on 2.2 acres when it really requires six and a half. So that, to me, goes beyond the variance. It's almost like you're asking us to throw out our development standards completely and ignore them. And so the magnitude of that just raises the flag.

We're actually on both the planning contingent on this. The variance was actually for that reduced falls, an engineered falls and reduced setback. If that were A draft plat prepared for the 2.2 acres subdividing that everything would fit within there. But you're correct. Without one, the other doesn't work.

Anyone else? What is the pleasure of the board on the various requests? the required setbacks by incorporating the engineered file zone for both communication tower to be located along highway 139 damage for both towers we have proper motion do we have a second second second is there any further discussion All those in favor of denying the variance, give the motion to deny. Any further discussion? Being none, all those in favor of denying the variance, let me know by saying aye. Aye. All those opposed, motion passes.

Can I ask a question? With this denial, there's no need for the Planning Commission agenda item.

Okay, that's the last item we have on the agenda for Board of Zoning Appeals. Entertain a motion to adjourn.

I'll make a motion.

Chad Dixon made a motion. Sue Springfield seconded. All those in favor of adjourning BZA, let me know by saying aye. Aye. All those opposed, roll call. Yeah, we can have a, if anyone needs a restroom or whatever, we can have about a five-minute break there real quick, and we'll reconvene. You received your packets. I take it you've had an opportunity to look at your minutes. Are there any additions or corrections to those? Being none, all those in favor of approving the minutes, let me know by saying aye.

Aye.

All those opposed? Both in passes. Moving on to citizens' input. Mr. Brian Angelo. Brian, still with us?

Yes, sir. I'm here.

Okay. If you would come to the... Hold him, Brian, and state your name and your address.

Did your family give up and leave? Yeah, at least the bathroom breaks things.

Yeah.

How about, yeah. Should I just wait until the last?

Yeah, but he's just sharing his citizen's input. Okay. Yeah. And you're talking about item 8 on the agenda, correct?

Yes, sir.

Okay, go ahead, Brian.

So it's Brian Angela, 751 Plainview Drive. And we've got a neighbor here that just basically is collecting junk, cars, motors, and it's getting a little out of hand. So we just wanted to come to the board today and show some pictures of what we see on a daily basis. I was going to pass a few pictures on to you all. Oops, that's okay.

There you go.

And basically it's like our property value, you know, it's becoming a junkyard. And we're just seeing just a lot and a lot. I mean, there's a semi truck out there. There's a trailer out there. There's two motorhomes out there. There's a burnt car you'll see that's caught on fire. that's burnt, and we've been talking to Stephanie, and Stephanie's talking to Mr. Drennan a few times, so we're just trying to find us some direction of where we can go with this. I mean, you can see that aerial, all that, look at all that junk right there that's in there. So he's had some deadlines, and Stephanie can tell you all about that, but it just seems like he's moving the cars around. He's bringing more cars in, so that's what we're going to come today and concerned about. As you all are looking at those pictures, what kind of direction do we have on getting this kind of come to a conclusion on getting this gentleman to move these cars out so it won't affect

Okay, Stephanie, I'm going to let you touch base on that since you spoke to Mr. Brennan, what the next step would be.

We've been trying to review this situation for quite a while. I sent a regular letter out to the property owner, which actually is the mother of the person that's doing all this. So the property is not in his name. It's in his mother's name, who's elderly. We've been out to the property numerous times. I've actually been on Brian's property, connected to it directly. I had a letter, then I had Jack do a letter, a demand letter to move those vehicles. He was given until May 15th. He moved them from one place on the property to another place on the property. And then over this past weekend, he's moved some from the front of the house to the back of the house, which directly impacts the history of Angela. So, and I put it on, and like I said, it's on for the last item. I put it on because Doug said to go any further up toward court action, I have to get approval. in order to go any further than I've previously done.

Okay, Brian, I appreciate the pictures. We're at the point in time where it's citizens' input right now, and we've got some other items, but we'll take it up at that time on the agenda. Thank you, Brian. Good to see you. Michael Eversy?

Hi, Mike Levis, C416 George Washington Drive. I'm here on the same incident as Adam H. Yes, sir. With Brian. I'd like to say I purchased my property in 91, built the house. Shortly afterwards, this house was built, Pope Joyce, and no one's ever really lived in the house. They built it for Mr. Pope Joyce's daughter, who never moved in, but the gentleman who has created the junkyard was there for a year or so and has not been back since. They don't know the yard or anything like that. And our restrictions in our subdivision says, you know, there shall be no junkyards or storage of automobile parts or any lot in this development. And also no lot should be used or maintained as a dumping ground for rubbish, trash, and garbage. Now, I purchased this property because of these restrictions. You know, I thought I was protected. So I was ignorant at that time, but now I've kind of learned, you know, our restrictions don't seem to be of value is what I'm learning.

And that's for your subdivision?

Yes.

Okay.

So I've heard some stuff tonight that give me some words. You know, is it usable or junk? I believe if you look at most of that stuff, it's junk. And then also a large investment I've heard tonight, which definitely, you know, I've made a large investment, built the house and, you know, raised three kids there. So if there's any way we could, just like the towers or whatever else, if we could have our subdivision cleaned up get the junkyard out of it, it would be greatly appreciated.

Thank you, Mr. Livesey. Thank you. Next person is Kathy Livesey.

I'm just more worried about breathing all that, you know, and there's so many cars there and gas and I'm worried about having to breathe it and what if it caught on fire and just everything you know I mean it's a hat you know I'm just worried about that thank you miss Lipson and mr. Jim Fox

Jim Fox, Aveline Trail, and Dandridge. Well, since item D was done away with, it took care of part of what I had to say. I'm here talking about item A. It's been in front of the board already twice, and the owners have failed to show up. I don't know if they're here today or not. But it's three lots that they wanted to turn into, subdivide into three lots. The question is, One of the requirements for that is being able to have home sites on those lots. That means to set back some whatnot. These lots are on a very steep slope. In fact, you can overlook 60 and 75 foot oak trees. Most of the road on this, facing these lots, is bounded by a guardrail because it's that steep. There's certain sections of the road that's actually starting to collapse because of the grade in that area so it really so it's a question of what is their intention with this is to sell it off and build more help more property build more houses and the question then becomes is it even buildable and I think a topography map would show that these lots are not buildable lots without getting a variance to build on the setbacks. And so it becomes why would we want to divide these into subdivision lots when they will have to come back and do a variance? Obviously now it's just forested, but as we talk about, other uses within a zone. And so zoning, part of that would be housing. And so if somebody bought it with the intention of keeping it forested, that would be one thing until they changed their mind to put housing on it. And like I say, I don't think. the slope and the grade of the property would allow any sort of housing without a tremendous amount of expense and effort. So I would ask that the board take a look at that.

Thank you, Mr. Fox. Appreciate that. Alston, would you pass those over to the police? Thank you. Okay, on the new business for Planning Commission, final plan approval for three lots of Ponderosa Drive, Dandridge, Ponderosa Ranch Farm. Is anyone here to represent them? Jared or Lisa, wait.

So this was about an acre. Six acres. There's about a seven and a half acre lot that we have subdivided into three different lots, or we're trying to subdivide into three different lots. I've had our surveyor out there. We've had topographical maps on all of them. Each of them have been subdivided on a spine where we have good grade through there. We've built lots of houses in Gatlinburg, Pigeon Forge, on a much greater slope. Lot 3R, we've already cleared some of that and put the drive in. Down when you get down towards the back, there's a nice building lot down there. Lot 2, right in the middle, there's also a spine. Lot 1 is a little bit close. It'll be a little bit close to the road, but we've had our surveyor out there. We've staked it all. We've gotten all of our soil work done. It's all perked. We've done our due diligence on all three of these.

Does anyone have any questions right now? Do we have maybe a better quality map?

I have this one. This is the one that has the signatures on it. basically goes from Ponderosa right at 92, and it's about 600 feet of cornage. There are a few areas that noted where there is guardrails and it is steep. The entire eight acres is not buildable, but there are three buildable lots on there, and that's how we had it divided up. We've had surveyors out there with topographical maps, and we had the soil scientists out there. We got it PERT tested.

Yes, sir, Tom. These laws have been approved and accepted.

And if you remember last month or month before last, they were going to be on the agenda, and we took them off because I had a question about the steepest slope in the perk area that was being used. So I had him come back, and the soil science had to re-verify the slope because it wasn't on the map. So we verified that the soil perks and all were in the area that is suitable for the slope. And so that's why they weren't on the agenda two months ago. It was taken off. So that's all been resolved. And so they are approved for septic for three bedrooms. And as long as they put the house in the right location, driveways, you know.

And both are up. If you're on the road looking down, there's houses to the right, same slope, built all the way down there. I mean, there's houses all over the whole site. Really pretty piece of property.

Does anyone else have a question?

John Neal was always the one that brought this up. I think you know where I'm going with this.

I know exactly where you're going.

Is the square footage noted on that map of the building sites on the three lots? The total acreage is?

The total acreage is over here, and then the building sites, the approximate building sites are located as well. It has to be a percentage, and lot two and lot three I don't think come into question because of the size of the lots. They're both over two acres. One's over two, one's over three, and the other one is 1.39 acres.

The one that's close to 92, that one's going to be closest to the road. The other two are going to be pretty far back off the road.

But it still meets minimum setbacks. It does. We had it all staked out.

I just wanted to make sure that we have the appropriate size buildable... space on each lot so i i get what you're saying about lots two and three yeah um but i didn't see it on this map but that one is much better quality is it noted on there though the square footage of the of the building sites uh no i do not see it i think when we just did it they just asked us to mark about where our house was going to go on it there wasn't necessarily

And as I was saying, basically that one might have to be a two-bedroom just based on once we get into the field lines and what it ultimately will qualify for with the health department.

The purpose of what I'm asking is just to avoid potential buyers in the future coming back and requesting variances. So we're just trying to take care of it on the front. Gotcha.

I'm going to say you've got at least a probably 75 by 75 by 90 or 75 by 100 footprint so a good size footprint if you're wrong absolutely scale scale it's not listed on the footage on each one but no but if you go to scale it's going to give you the footage it kind of gives you the footage Randy Mark you all want to see it yeah I'm good

You do want to see it? No. Catherine, I think you may, I was going to get that, take care of you. Yeah. Okay. Catherine, I think you may have had a comment or two you wanted to make.

I think these are just items on the subdivision checklist. It's the right-of-way of Hondo Rosa and Chestnut Hill Road. And there is not a signature block for the electric utility provider.

Let me sign down there, please. I think it's on the bottom.

It is on there.

I think we had to add it originally. The survey didn't have it on there.

Yeah, I mean, I'm assuming that the comments have been provided. Those are my two conditions, so if you've done those, you get it. What was the other one? Right-of-way of the two public roadways and signature block for electric utility.

Okay. We're in good shape now with what you were concerned about, both of those are on there. Is there any further questions? Being none, what's the pleasure of the board on how to make?

I'll make the motion to approve with the right-of-way information on there correctly.

Okay. We have a proper motion. Do we have a second? Second. Is there any further discussion? Being none, all those in favor of approving the final plat for three lots on Ponderosa Drive in Dandridge, Ponderosa Ranch Farm, let me know by saying aye. Aye. All those opposed? Thank you very much. Item B, final plat approval for three lots off Dalton Ford Road and Hugh French Road in Dandridge by Gary Lindsey.

I'm sorry, guys. I'm having hearing problems. So if you need to say something to me or ask questions, Shout out me. I can't hear crap. Gary Lindsey, lifetime residents of this county. This property has been in my family for over six years. My parents gave it to me about 20 plus years ago. I'd planned to build. Didn't work out. Anyway, I have three daughters. My proposal is to divide this into three tracks and give each daughter a track. You know, it's just a gift. No money in exchange. One of my daughters currently has hopefully in the near future wants to build on one of these tracks and that's about all I have to say.

Catherine, I think you have an item or two and some of that might be taken care of on what's coming around to you right now.

I'll let you go ahead.

So you're the property owner, not the owner. It was Timothy Howell. So I had, they didn't provide the zone designation. Signature block for the water utility provider was omitted. The signature block for Jefferson County Road superintendent.

I'm sorry, you're talking to me. I can't hear as in, I'm sorry.

Well, they're all there.

Okay, so he's already done these items then. If somebody has checked that for compliance, then you're good to go.

Anything further, I can't hear nothing. I'm sorry. Thank you, sir. Thank you, sir. Thank you, sir.

Thank you, sir.

Thank you, sir. Thank you, sir. Thank you, sir.

Thank you, sir. Thank you, sir. Thank you, sir.

Chairman. Yes, sir. I move that we approve the final plat approval of these three lots off Dalton Road and Hugh French Road.

We have a proper motion. Do we have a second? Second. We have a second. Is there any further discussion? Being none, all those in favor of approving item B, the final plat approval for three lots off Dalton Road and Hugh French Road, let me know by saying aye. Aye. All those opposed? Stephanie, did you say something? Okay. Item C, final plan approval for Mountain View Estates, Phase 2, 68 lots off Cole Road. Jefferson City, Jim Phelan. That's me, sir. Yes, sir. I think a lot of the things we have a little question about, Ms. Baldwin will take care of when she goes over her comments on this. I'm going to go ahead and turn it over to her. Just a point of clarification.

This is a final plan approval? Final plan approval. It's not preliminary. Final plan approval. Okay.

And therein lies the problem. So on August 24th, we approved a preliminary plat. In fact, it was this document that says preliminary plat on the front. This isn't titled as a final plat. And at the time, when approval of a preliminary plat, and this is by Tennessee Code, um the planning commission has to approve the engineer road and drainage plans meaning all the engineering details of the roadway all the engineering details of any utilities which would be water, and as I understand, there's water in here, bubbled water. And all infrastructure has to be approved by the Planning Commission. So there have been no construction drawings submitted or approved by this body. In addition to that, it needs to be ascertained prior to approval of the final plat. any outstanding infrastructure, which would include anything regarding the roadway, anything regarding utilities, anything regarding stormwater. And there have been no construction drawings. So I was looking for this even for like where you're – there's no evaluation of have you provided stormwater, have you provided catch basins. And basically, this is all detailed in Article 3 and 4 of the construction standards and details, and those drawings do have to be sealed by a licensed engineer and do have to be approved by this body.

And I did provide them after our meeting. I brought them in the next day for our water plans, our engineered water plans. It's approved by the state. The T-deck plans for stormwater runoff, and that was all provided.

And the Planning Commission has to approve those.

But y'all asked me to... I told you I had them. I said, I can go get them. But I brought them in the next day and gave them to Stephanie.

approved water plan from the state the TDEC plans approved from the state the grading plan from the engineer Doug and sir the the state has they look at the SWPPP permits they look at land disturbance but this body is supposed to determine compliance with articles three and four which sets forth the width of your Graded right away compaction your amount of your base The binder and the top coat and the location of your catch basins the size of your pipes Where that water is being conveyed to etc, etc, and I'm glad that they're here but this body has to approve them and then prior to that the final plan has to be presented which I didn't look for this for final plan approval because none of the required approvals have been granted at this point and then prior to the final plat again a county official has to go out and basically what most counties do is they get any outstanding infrastructure so the site has to be inspected for compliance with articles three and four And then anything that does not comply with those approved drawings, there has to be a bond posted for it. Right. And that has to be in place prior to recording of the document. And typically that's done by either an opinion of probable cost by your licensed engineer or three estimates for construction and completion.

Not to interrupt, but that's all been done. It's been built. They finished paving today. I had a contract to buy this, and I bought this off of your all's preliminary approval. I went ahead and I spent a million dollars on the property that I've spent, and then I put a million dollars in it.

And your professionals, you've paid your professionals to walk you through this process. Right. And they should have informed you that this body has to approve those drawings. And that has not been done. And they have to be inspected to ensure that they were built accordingly.

So they've all been inspected and it's all been signed off on? By all the people? The road superintendent? The water? Tom signed them for all the lots to be approved for three bedrooms?

I can't speak to that. All I can do is tell you what the regulations of the subdivisions are. requirements require of this body.

We've not seen, this body has not seen the final plat for approval.

Here it is. I mean, I was told to bring it tonight. And it's on your agenda as final plat. I mean.

And I'm, I mean, as I see it, there's a There's an organizational problem that 60 lots and a roadway can be constructed and completed without any knowledge of this body or any inspections that the body has been privy to. Typically, this is something that is totally Planning Commission's approval. Nobody else by state law has authority to approve or authorize implementation of those plans.

So what is preliminary approval? So somehow you skipped that. Well, I've just done what y'all asked me to do.

He didn't skip preliminary approval. No, he got preliminary. And he... acted upon the things that were contingent on preliminary approval.

And I looked back at the contingency, and he was authorized to proceed with road and drainage plans, road and construction drawings. But again, only this body, that authority, rests with this body. Okay.

Well, I'm no dummy. I wouldn't have spent $2 million maybe and hoping.

I wouldn't have done that. Saying that and finding out, no. And typically, we have the final plats in our package to where we can look over them before we get here for the meeting when it comes out. And we don't have that. When did she get the final plat?

I gave them to her three or four days ago.

she she handed them back to me and said she'd rather not be responsible for them we need copies of that final plan and we need a chance to look over here instead of here tonight and that stuff has to be to us 10 days prior to the meeting

And once again, a determination of the construction drawings has to be reviewed and recommended. There has to be an approval of those construction and design drawings.

So they've all been signed off on them? Electric, water, road?

The plans have. I think the roads, yeah.

none of us once again we haven't seen the plans the plans are signed off on the road but yes we haven't seen we haven't seen them that's i think that's the problem yes yeah yeah it is i mean that's i hate to hold you up give us copies of that to her let us get those let's look at it we can table this to the july meeting and move forward with that approval i hate to do that but i think it's really the only solution we have right now with what we're looking at yeah

Well, I think we need to be a little bit more clear in what we're approving. Y'all asked me to bring the plans in. You said you didn't have the plans. I said, I've got them. I can go get them. And then I brought them in the next day. That's what you asked me to do. And that's what I've done.

Who was your designer? Doug Hodge. Is he your engineer? He's the engineer, yeah. He's a licensed engineer.

Yeah, Doug Hodge. ESH and associates, most people know him.

You're paying good money for them to walk you through this process. Yeah. I mean, this is the requirements for the subdivision of property with roadway and infrastructure improvements in every jurisdiction in the state of Tennessee.

I understand that.

OK? Every jurisdiction. And it's see, spot, run. This body also has to determine that the roadway construction has been complied with to recommend to the county commission to accept them as public roadways. So there's a very detailed process to follow here, and I'm sorry that whoever you're paying for that task did not advise you appropriately, but that's what you paid them for. I do this here, and I do this in my profession. I understand. This is but this is C spot run. This is the basics of Subdivision requirement understand. Okay, I understand then then Do you do this in other I do counties and this process?

But yeah, it's it's been falling I thought I was following it and I got put on for final plan approval.

I mean I Yeah, we need to get those copies, and we need to have an opportunity to look over those things and get that approval. Again, I apologize for being held up, but there's definitely been some miscommunication by several.

Okay, thank you. Thank you, sir.

What's the pleasure of the board on item C? Mr. Chairman, I move that this body postpones item C until our July meeting.

Okay, we have a proper motion for postponement. We have a second. Any further discussion? Being none, let me know if you're in favor of postponing this item to the July meeting. Let it be known by saying aye.

Aye.

All opposed? And with postponement, it's actually until they get the stuff to us instead of just tabling it. We're good.

It sounds like it might even be to us.

Yeah, it does.

We need an action on item D. No. You sure? Since the BZA didn't approve, it's gone. So we don't have to dispose of the item from our agenda or anything?

I don't see the need, but if you want to. All those in favor of disposing of item D from the, well, I'll let you make this motion. I think that's what you're doing, but we'll make you happy.

Mr. Chairman. Yes, sir. I move to deny item D. Okay.

Do we have a second? All those in favor of denying item D, I'm not going to open it for discussion. Let me know by saying aye. Aye. All opposed? Item D is gone. E, resolution 2026-03, amending the zoning resolution of Jefferson County, Tennessee, to reflect certain prohibited uses. in all zoning districts and permitted uses in the I-2 zoning, district, solar energy, and wind energy systems. Austin Brooks.

Mr. Chairman, if you all will give me a little leeway here. I've got about a 30-minute PowerPoint. Mr. Bolton will put it. I'm kidding.

You're out of order.

At our last meeting, we seem to have as a body maybe some middle ground. I was just curious, where did we, does anyone have any alternatives? I know Mr. Bales had proposed doing like an acreage minimum in the A1 zone. And then there was discussion about maybe doing like some percentages.

Yeah, but I don't think we could do that.

We can't do the percentages. Yeah, it wasn't. That was something I brought up and we can't do percentages. Okay.

Mr. Chairman?

Yes, sir.

I move to approve I to me. Excuse me. I move to recommend I to me to the county commission.

Do we have a proper motion? Do we have a second?

I'll second.

We have a second. Now it's open for discussion. I think Catherine wants to discuss.

So I need to ask Stephanie something. One of the things that you guys asked to be looked at, Yeah, here it is. Was of the draft that you had that stated June 23rd, 2026, in the last meeting you guys talked about decommissioning and holding a bond for, to cover the cost of decommissioning if the owner applicant doesn't do it themselves. So, I did a little research. If you'll look on, there's a Section 9 that I added. This is the one that's titled June 23rd at the top of the page for the... Oh, okay, okay, okay. So second page, it's the same language that you had earlier, except I added a Section 9 on decommissioning. And what I could find was that the site has to be non-producing for 12 months. They have 24 months with no no electricity generated or at least the 12 consecutive months, then basically they have to also present a decommissioned plan and cert surety. The plan would detail what would be necessary to return the site to its natural state. Um, and then, uh, the surety, um, and this is the one that I expressed a lot of concern about because, um, it's a 50-year, usually they're 50-year life spans is my understanding. And so, um, one was who holds the surety. Uh, Stephanie currently holds the sureties on your subdivisions for what we were just talking about. Any outstanding infrastructure items have to be bonded. She holds those sureties. Based on this, I think it would have to be a group of the planner, the county mayor, and the county attorney. that would hold the surety. If you'll, the next two, next couple paragraphs is what is an acceptable form of surety. You got to be really careful with sureties. They, so one is an LOC, and I don't want to go into this. It's too late in the evening, but an LOC would be held. I personally prefer those a lot. A surety bond is an insurance bond. I've established standards for the sureties to be met and also the location of the entity that is offering the surety. They have to be located and drawable in this county or a county that touches this county. The one thing that I still have concern about, and all the ones, all the research that I saw is that every ten years, based on change in market, based on cost of decommissioning, every ten years you should get a new form of surety. The last thing you want to do is not have a high enough form of surety that is cheaper for the owner to default and let the county do it as opposed to them bearing the cost of that. So every ten years you would have to get a new opinion of probable cost and And I put this language in there, from the operator's licensed engineer for an estimate of the cost of completion of the decommissioned plan. So everything is based on that decommissioned plan. I really don't know, and I don't think anyone does, in 10 years, who would that entity be that would say, OK, this is going to cost $200,000. to remove, dispose of the material, eliminate any damage to the tract of land, sod, reseed, whatever. I don't know what entity will exist at that time to certify that cost. And every ordinance I looked at did have a decommissioning claim, a requirement, and a requirement for surety. They were a little furry on how you get to that number.

What's the 120%?

Well, usually you know what that dollar figure would be. Would that be $100,000? Would it be $20,000? You do have to dispose of the solar equipment itself. You can't just let it sit there and... you know, friable material. It has to be removed. It has to be properly disposed of. Who will be disposed of those improvements at that time? And how much does that cost? I have no idea.

How long is a piece of rope?

Well, but you would not, with a roadway, you are maintaining that.

No, I said how long is a piece of rope?

So I think that the ones, this is how they're all written. I'm really good at sureties and administering those. I've done it for years. How to determine that cost, I have no idea. Or what entity, you would be better first. And it might be that there's somebody at TDA that would be able to certify the cost of the decommissioning plan.

We can reach out to Commissioner Holt and see what direction he might give on that.

They are the biggest entity I know of that have solar arrays across the state. They have a huge one out west. But for the state of Tennessee, I would have to think that TVA would be our best source of something like that. DOE has some, but they're not very big. And they're not, they are accessory. We're talking principal solar farms, basically. So I added that. You guys asked me to do that, and I did it.

I thought in our last discussion we talked about I think the way it ended up is it was deleted as a principal use in all zone districts and

With the exception of the IND... The I-2. The I-2. And as accessory, you could have them so it fuels... In all districts. It's accessory in all districts. But I think you would only do the decommission plan where it's the principal use.

I understand that, yeah. I was just kind of in the mindset that maybe the A1 zone should be allowed as principal just in case years to come. It's a source of energy, main source of energy.

Yeah, that's where I thought we were going to still let it be a principal use as well. We have a motion and a second.

this item as it's written now your sub regs is that not correct Stephanie on the sub regs 150% of bonds 3% inflation. For 50 years, we had 150%. Life is not 50 years. More like 20 years.

But we discussed accounting for inflation. So if you account 3% over 20 years,

I was in the very back too. It's very chilling, isn't it?

I'm not doing that.

There's nothing there.

amended it to 150%. Mr. Chambers is making an amendment. I would agree to it if the person who made the second on my motion would agree to it.