Board of Zoning Appeal & Regional Planning Commission - Regular Meeting

Halage dry hay halage just you don't want to burn them up with [Music] the only thing I had

Yeah. And we do that here comments on that. So, do we will we recess our meeting and then call in for the public hearing and then adjourn the public hearing? I know with the commission we normally we'll do like the public hearing and then do the Well, I think the public hearing would need to be like it. So, I think what we can do is just you call us to order We could go ahead and just do it like it is. We could recess

I've got just a little bit after 6, so we'll go ahead and call this meeting to order of the Jefferson County Board of Zoning Appeal. And uh if you would, I'd like to open it with prayer. So, let us pray. Dear heavenly father, we come to you tonight just thanking you for blessing us with a a beautiful day here in East Tennessee in Jefferson County. And we we thank you, dear God, for the health and the ability that you've gave each and every one of us to to go about our day. And I pray, Lord, that you're pleased with how we went about living it. And as we come together tonight, dear God, to conduct county business, I just ask, Lord, you've got our thoughts, our minds, our words, dear God, and just may everything that's done here tonight be glorifying and honoring to you. We ask you to be with our county leaders, dear God, just guide them and help them make wise decisions and and just thank you so much for loving us, dear God, and allowing us to live here where we live. We ask these things and we give you thanks in Christ Jesus precious name. Amen.

Amen. 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.

Okay. I I trust that you uh received your packets and the minutes were in those uh and have had a chance to look at those. Do we have any uh additions or corrections to them? Being none, I entertain a motion to approve. I make a motion to approve. We have motion. Do we have a second? Second.

All those in favor of approving the June board is only appeal minute meetings, let me know by saying I. I. All those opposed. and let's see it's planning commission and planning commission. So we have no citizens input for the board that's only appealed. We'll move on down the agenda to uh item number six varian request for a garage placed at the front of the property at 685 Wine Road Dandridge by Justin McCarter. Is Justin here? There anyone representing? Justin, if you would step to the podium and state your name and the address. Can you all have that survey in your Yeah, it should be the first.

My name is Justin McCarter. My address is 685 Wine Road, Dandridge 37725. I'd like to request for a garage to be built at the front of my property where I have it placed on the survey is behind the front of the closest house that the garage is going to be to. It is in front of my prop of my dwelling, but I don't know the survey that I have does not show it, but I have seen mapping that shows two drainage easements on my property. I don't know if you guys have a map there that shows that. Um, it was the uh septic superintendent that showed me those. So, the the placement of where I can add any other structures on my property is very limited due to the 25 ft rule of building in a drain drainage easement.

Right. Um the the drainage easement comes from my existing driveway across the front of my current dwelling and at an at an angle across behind my neighbor's uh dwelling unit. And then there's another one behind my property. So that front right corner in my property is really the only other buildable spot that I have. Okay. And we have granted other variances on Wine Road before for this exact same thing. Okay. Do we have any questions? for Mr. McCarter tonight about this. What's the pleasure of the board?

I'll make a motion variance. Okay, we have proper motion. Do we have a second? Second. Have a second. Have any further discussion? All those in favor of granting Mr. Marter his variance request for his proposed garage, please let me know by saying I. I. All those opposed motion. Thank you. And the next item on the agenda is a variance request for a garage to be placed at the front of the property at 661 Valley Creek Road in Jefferson City by Charles and Lisa Staler. Someone here to represent them. Yes.

If you would please come forward to the podium. Name is Charles Coffer, 661 Valley Road, Jefferson City, Tennessee 37760. Uh, only place I've got to put a garage is out next to the road because of the double wide I put in field lines from my septic property line on the other side. The driveway coming out with the drain in the center and that's about the only place I can put a garage. And Stephanie, correct me if I'm wrong, but we have also granted variances before on Valley Creek Road as well.

Yes. Same type situation. And just out of curiosity, and I know it's it's definitely well over 50 ft, but how far are you from the water drainage area running there in the middle of the property in the middle? Yeah, the water drainage area that's listed on the print you're um I'll be okay where it is, my bank slopes down into it. Yes, sir. So, if I go down in there, water comes off both sides, right? Bus comes across from my neighbors, under my driveway, goes down in there. And where your proposed area is is back at the top of that hill back up, level back out there before it hits back in the road. Put at least $10,000 worth of dirt to make it level enough to put a package

to do what you want to do. Okay. Do we have any other questions for Mr. Stalin about this? Being none, what's the pleasure of the board? I'll make that motion. Okay, we have a proper motion. Do we have a second? I'll second.

Have a second. Any further discussion? All those in favor of granting Mr. Stalker's variance request, let me know by saying I. All those oppos. [Music] Next item on the agenda will be item number eight, a determination if six sight RV full hookup site, pardon me, determination if six RV full hookup sites would be a necessary be an accessory use to the Love Travel Center at 1058 Deep Springs Road in Dandridge. It's a C2 general commercial district. This will be a total tear down and reconstruction of the new proposed building with side expansion. And I believe you're here to talk to us about this. So, um, I'm Frank Ille 10601, North Pennsylvania, Oklahoma City, Oklahoma. Um, we are doing what we call a raise and rebuild. Uh, a lot of the truck parking at that store will remain intact. But we're going to tear down the building. It's been there a long time as you all know. Um, make it larger, change the way it faces, change the location of the gas uh bays, the the gas pumps, but the diesel bays will stay where they are. And then as part of the raise and rebuild, we're going to add uh six RV hookups if you'll allow us to. Um we started this initiative, this RV hookup initiative really in 2022. We opened one in 21 and then that was the only one we opened that year and we learned a lot from uh that experience. Um, but these hookups are really meant to be places that people will stay for one night only on

their way across the country going somewhere else. These are not really destination spots. If you have a site in front of you, you can tell they're just out in front of the car area. Um, the RVers like like for us to keep them away from the truck parking lot, as you might understand, and then uh they like the safety and the convenience of just getting right off the interstate, not having to go two, three miles to find a park and spend a lot more than we charge. So, we offer them a full hookup for the night and all things go well, they'll maybe get some gas from us and eat some food and all that stuff, too. So, uh, we just started this, like I said, in 22 and we, uh, we have 103 of these open now. So, we in much of, uh, Love's typical fashion, we don't do anything slowly. But, uh, these have been really successful for us. And we're trying to build a network all across the country for RVers, just another customer base that we want to focus on.

And you said you have 103 of those that are open today, correct? Yes, sir. How many you have in state, Tennessee? B park. Uh, three or four. Three or four. Louden. Newport. Um, Newport's not full. It's just electric. I called them. That's right. And I would say Yeah. And Newport's one of the first ones we did. Um, you'll see that Newport's also not very wide. We were just learning what we were doing then. But, uh, I'd have to just look at my list, but Right. Yeah, it's as many as we can do, we're going to do.

Yeah, just on a side note, I I think uh this has become something that's kind of common even in the aggraurism type deal. There's a several farms that'll have three, four, five lot Yes, sir. one night stay type deals to give people place to get off the road and rest. And it's, you know, it's a safety issue as well. You know, it's you're tired and need a place to stop, it's good to have somewhere to get to the destination. Uh, Miss Bowwin, do you have any uh no concerns or recommendation on this? Uh, you have um you've just adopted your RV performance criteria for an RV park,

but that is a principal use. This is an accessory use to the rest of the services you offer. And I I honestly think it's a um a really good accessory use. Uh I know people who travel and they they would love to have this. Um I did think that maybe uh we should um reference in the motion that we're considering accessory because they will only stay for a limited period of time.

Yeah. So to be clear, we have 103 RV parks open. I wouldn't call this a park, but we're calling I'm just calling it that for the purposes of this discussion. 15 of those are independent parks that are next to one of our stores that have a building that go along with them. So 88 of them are like this with no building that goes with the RV hookups themselves. And the average stay at these these are called Model 3. The average stay is 1.02 nights. So pretty much everybody stays one night. They can't stay more than 28 nights, nor would anybody want to. Um but but the average stay is 1.02. lights. Okay. Yeah.

Do we have any other questions for Mr. Lily on this? So, so your interpretation of the BZA would be that this is an accessory used and that's why they do not have to meet performance criteria. Absolutely. Absolutely. Being none, what's pleasure the board? I'll make that motion that it approved. Okay. We have proper motion. Do we have a second? Oh, sorry. We have a second. Any further discussion? All those in favor of the motion, letting them know them saying I.

All those opposed. Next item. I entertain a motion to adjurnn. Proper motion. Do we have a second? All those in favor of adjourning for zoning appeals meeting. Let them say I. I. All opposed. Meeting is adjourned. Thank you. Okay. Uh, I'll now call this meeting of the, uh, regional planning commission uh, to order. And, uh, again, I trust that you received your packets and had a chance to look over the minutes from the June meeting. So, now I'll ask if there is any uh, additions. Corrections, amendments to those.

So move, Mr. Chairman. Have proper motion to approve the amendments. Do we have a second? Second. Have a second. Is there any discussion upon this? Being none, all those in favor of approving the June Regional Planning Commission meeting minutes. Let me know by saying I.

I. All those opposed passes. And u at this time we'll look at the citizens input regional planning commission. and I will call your name if you would please step to the mic and state your name and your address and you can uh have a few moments to share with us what uh your concerns are. And the first uh citizen on the agenda is Jim Fox. Jim, would you step forward, please? All right. Thank you. Uh Jim Fox, athlete trail to Andridge. Uh speaking about item B, and I know that this has been a contentious issue for a long. Uh I want to say you know first off thank you chairman for reaching out to the attorney and who in turn found the long sought after authority to uh and which I believe resides if I'm not mistaken uh October of 2006. Um, in those minutes it states that the re that that the uh uh review of the two lot subdivisions would be delegated to Mr. Tim Pop Seals a person not a position. Secondly, it names the position of secretary of the planning commission to authorize as an authorized signature. So that being said, you know, one part it says a specific person and not the position. The second part list the position. So uh in that case since Mr. Seals was not the one doing the reviews, they were

improperly reviewed because again it specifically states Mr. Seals not the position of the building department. Uh and to back that up in the next line it does talk about the position as being an authorized sign. So what I would suggest so in essence the uh the issue that brought all this to uh to light was it it was not signed by Mr. Seals and secondly it wasn't signed by the secretary. So on both cases, you know, the uh the proven by by the attorney that it was that that was improperly signed. So what I'm saying is, you know, you have a choice right now either to continue to is to have the two lot subdivisions approved by this board or vote to delegate someone else to do the review and the signatures. And I would suggest versus having done to a specific person to have it uh delegated to a position and that way going forward uh we wouldn't have to uh talk about this again and and be totally resolved and so that would be what I would propose.

Thank you Mr. box very much with the attorney. That's uh my attorney attorney attorney at Yeah. Uh next person on citizens input will be uh Kathleen Villers. Miss Villers We have an attorney. The attorney that information.

Good evening. Kathleen Villards, 2202 Arrowhead Drive, Dandridge. I'm here to talk about item D and again a um discussion regarding the two flat subdivisions and items related to that. Two key areas I'd like to talk about. Um first would be the granting of the authority um or delegation of these duties to zoning. And I went up to the standard banner and went through physical copies, not just digital, but phys physical copies of the standard banner for the latter half of the year for 2006, concentrating certainly on October 2006, but before and after. And no nowhere during this time frame um were there any RPC agendas or any other notices or articles in the standard banner that referred to the delegation of review approval or anything similar to zoning staff to Tim Seals etc. So a point similar to Mr. James Fox. Um, looking at this, this was the time frame identified by Attorney Dinan. And I would point to a key thing, transparency. It appears the public was never notified that this was even going to be discussed. If it was, um, it was disappointing that there was nothing formal, um, notified to the public because the minutes aren't readily available. two, um I'd like to cover an event that happened at the sheds, one of these um discussed previously on the weekend of July 4th, and the sheds are now at the address identified as 2249A

and 2249B Jim Henry Road. Multiple neighbor citizens have observed parts or all of these goings on. There was a significant group gathering. In fact, would call it group assembly. Um, there were many vehicles. They were parked side by side by side. And by the way, I have pictures of pretty much all of this. They were parked at and around the sheds, both on the west side of the sheds, even on the east side of the sheds. There were at least 40 to 60 youth um at any one point in time. And these youth, most of them, if not all, were wearing black t-shirts or a dark colored t-shirt like in dark navy that had the Victory U Baptist Church logo on it. A few people got to talk with some of the individuals attending, some of the youth, and were told they were there attending a church camp. Then um they were also told they weren't supposed to talk to anyone except those from the church. Also um people observed pontoon boats bringing a number of youth 15 16 youth in on pontoon boats and dropping them off at the shoreline that would probably be 2251 Jim Henry and leaving empty. I have a number of pictures that show these youth stayed overnight, lights on, stayed overnight, and in fact, towels, clothes, etc. hanging on the railings outside the um sheds. The sheds, right, by the way, now too, are no longer It's confusing whether they're one building or two, but they have a A on one

building and a B on another building. And um it just really pointed to especially given the pictures, the music you heard, the way the youth were organized either at the sheds or down by the gazebo that this was not just a casual family friends picnic. There was organized activity going on. So it appears in conclusion that Grace seems to be doing what they said they were going to be doing all along earlier on that they were going to hold church camps that many youth were coming more were going to come. It's on recorded on the YouTube videos and that they were not only going to hold church groups for themselves but have other churches come in also. This is very concerning to the citizens residents. Um, church camps are not allowed in A1. And so I wanted to bring this to your attention. It's concerning and not only for the neighbors, the youth, others. And I'm wondering, is there something that can be done? Can a letter be issued perhaps by this group or body or another Jefferson County authority to Grace to let them know that church camps are not allowed? your help on this would be appreciated. It doesn't seem to be an issue that's gone away. Thank you.

Thank you, Miss. And next on citizens input, uh there's Gail Faranigan.

I'm Gail Weaver Faranigan. I live at 2535 Edgewater Lane in Danbridge. And um I appreciate what uh Professor Millers has said. I may reiterate a little of that uh because I actually experienced it. So um I'm here today uh this evening to endorse the approval of a two lot subdivisions being granted to the RPC. As you well know, Grace Contractors was denied without prejudice the creation of a church camp on their property off of Jim Henry Road. Then they came back with a two lot subdivision plan which was approved in house by the zoning department. I personally witnessed on the Fourth of July weekend. I'm going to say by the time everybody got there around a hundred teenagers wearing their camp t-shirts at the Grace property. And as Professor Miller said, they were told not to speak to anyone. That's a little suspicious. But I was able to find out that they were for a church camp there associated with the Victory Baptist Church out of Seabir County. That church is a Latino affiliated church. So Grace has done exactly what they intended to do all the law by creating a Latino church camp which was denied by this RPC. This is a prime prime example of why the RPC should always review and approve two lot subdivisions and not the zoning staff. Thank you.

Thank you, Mr. Zagan. And that concludes the citizens input for tonight. U now before we get into new business I would entertain a motion to recess planning commission. So moved Mr. Chairman we have a motion have second. All those in favor of recess let say I.

I. All those opposed in recess. And now I would like to call to order the public hearing for the resolution amending the subdivision regulations of Jeff County, Tennessee regarding road construction, bonding, and asbuilt. Uh there was public notice. Thank you for that. There was public notice sent out about that. Do we have anyone who would like to speak about the uh subdivision rags? Okay, Mr. Chairman to adjourn. Okay, I'd entertain a motion to adjourn this public hearing. So move, Mr. Chairman.

Have a second. Proper motion and a second. All those in favor of adjourning the public hearing. If not saying I. All those opposed public hearing. Uh now I will call uh back to order the uh regional planning commission of Jefferson County regular business meeting and we will start into new business and that's item A prelim approval for Mountain View Estate 68 lots off Coal Road Jefferson City by Jim Failen. Is Jim here?

Yes. This is one that it's a preliminary that we approved in May of 24 that they are wanting to get renewed start. And I've been by the property. It's exactly the same way it was when we reviewed it in May. Okay. So, nothing's changed. No, no, no. I mean, nothing. It's just exactly like it was when we were out there the last time. Just getting dates back in compliance is all right here. Do you have a chance to get your piece? She did not.

I have not seen it. Got it. But um I do have concerns. Um one this is a preliminary plat. So um my understanding is they have never presented road and drainage plans for construction. Is that correct?

The we've got the swift plan from the state. you know, water from Teddy and but no, I'm I'm a 25% partner in the property right now and I'm actually got a contract to buy out the other partners. So, I found out last minute that it had run out in May and I called Stephanie and she said, "Listen, bring it back up." So, that's where we're at.

Um, the preliminary plat is the most important plat of your um subdivision procedure. Um it should have uh the next thing uh if this is in compliance should have uh engineered seal drawings of all roadways, all uh utilities. Um it should have an evaluation of uh fire flow for we've got all that.

Um it should have fireflow evaluation. Um, these should all be sealed by a licensed engineer, not a surveyor. Um, you have, as of tonight, you've just uh had a review of um your an amendment to your subdivision regulations. Uh, actually the items that are contained in your amendment uh are actually addressed at the final plat stage with regard to bonding, etc., etc. So uh that will come that's adopted prior to final plat. So it will apply. Um my question is have the road and drainage plans licensed by and sealed by a licensed engineer has been presented to the county and evaluated by uh the county road superintendent and that there is storm water. There is storm water detention. There are catch basins which um on these rural areas I frequently find that the water has not been addressed at all. Uh a SWIP permit is what the response typically is. And a SWIP permit is a storm water prevention plan approved by TDC. And the only thing that document does is uh set up a plan to maintain silt from leaving the site and that's the only thing it does. The storm water is something that it's in your subregs. It is a very common standard and yet it is very rarely uh addressed on the construction drawings. So, we're talking about catch basins uh being directed or storm water being

directed um from the area and especially within the rideway to catch basins and carried to a natural drainage way and discharged. Uh it also may contain uh elements of detention to make sure that with an area that has been uh only uh wooded or what in its natural condition, you add 64 lots, that's 64 roofs. That's uh all the pavement that's introduced in terms of roadways, in terms of driveways. So now when you have a storm water event which are becoming more frequent and more intense um you have storm water that will now enter quickly into a system and exit the site. And I think we've all heard somebody never had water in my house until they built that subdivision up the street. And that's that's my concern. Um, I don't know who has looked at those. Um, I see them. Uh, have they been submitted to your county road superintendent?

No. Um, but they have been by D College. There is no catch basins. There is no curve on the roads. It's going to be open ditches and we're going to use the swells where the water's going now. That's where it's going to go when we're done. And then um and it's not it's not where it's going to go when it's done. It's you direct it to a

uh a natural conveyance. But once again, all that water that was being absorbed by the vegetative presence on the land is now hard surface. It's not staying there anymore. It is exiting that site. It's exiting very quickly. um and he should have done um drainage calculations to determine if there needs to be detention on site and if there needs to be detention on site then that needs to be shown and that has nothing to do with your SWIP permit.

So I just don't know if it doesn't sound like those documents have been reviewed by the county. doesn't sound like they've been presented and um typically that is done concurrent with the preliminary plat and then uh it is an element that is bonded in the final plat. Uh another thing I didn't understand was well I haven't seen it at all. Um, are you going to phase uh the project? And I assume you are. Um, are the phase lines on the plat? Because that speaks very much to the bonding because some of those things uh you will need to bond for the entire site with the first plat being filed and some will be done based on the phase that you're constructing at that time. Um

Stephanie, when we give the approval on this start with do you know the date for the first approval of this preliminary? No I don't. It's been several I mean it's been a couple years. Yeah. We approved it last I think it was May 24th of 24. The last time when was the first time it was approved as well? a couple years and you were not the first one who presented this when it came so

and I can't from recollection remember but it was approved then now the uh those requirements are already in the subregs the ones you're concerned about are the storm water and what was the other and I'm just trying to storm water primarily just because it's usually under address. You would like to have the uh road superintendent signature. Um he needs to recommend approval of those, right?

And and that is I mean that is the meat of the subdivision process because this doesn't create any lots. This just tells him tells you where the ride ofway is going and basically the construction drawing should be done concurrently because that's the most important part. when it gets to the final plat that actually creates the lots. But um and that's when the bonding will take place for our new amendments to the subdivision eggs at that time, which you already have in your subregs. We've just tightened them up a bit.

Um not having looked at this. I'll be honest, I don't have any comments. Okay. because I have not seen it. But I am um uh highly concerned about moving forward without uh proper review of the road and drainage plans concurrent with this document. Okay. And apparently they haven't been reviewed and apparently they haven't been approved. I can't speak. There was a separate chair and separate we've had a a deceased board member as well since then. So that's I can't for road super different road superintendent since then. So uh but I hate to hold you up for another month

if you're ready to get started as well. So and I hate to to question all these things without being able to u to recollect the specifics of it. But I find it hard to believe that we would approve something that would have been very uh flawed at that time. Uh, I wonder if it'd be all right if we approve the preliminary with the condition of getting the storm water information back to us that uh okay that you got getting it to us and uh getting Joe to look at this road superintendent and sign off on it.

He has. So, if you could present, and I'm not speaking, we haven't voted or anything, but if you could present those and keep him slowing down for another 30 days on any work he's going to get started, could we approve that with the contingency of those being provided to us by next meeting? Yeah. And notice that uh no consideration will be given to the final plat. Absolutely. for phase one or whatever uh until we have been writing that they're been they've been reviewed and approved by your road superintendent and and personally I would like to see them. I mean I look at them all every day. Um, not that I'm an engineer, but right,

um, there are things that I look for on there, and I'd especially like to see the site for your detention and, uh, your the engineers storm water calculations for capacity of that detention pond. We have that. So, I thought you said there weren't any uh, detention ponds. There isn't. It's just there's natural uh depressions on the property on the farm and he says we can use those. We don't have to put in ponds. We can use those as long as we direct to those and there'll be no catch basins because there's no curb. There'll be no catch basin or and no detention ponds developed. You're going to use what's currently there as

Yeah. because it's got a bunch of natural depressed areas and it it lays be lays great for for doing what we're doing. Some properties you can't do that. You have to you have to deal with it. You have to exp. Yeah. But so they he certified the capacity of those lowlying areas. Yes. Okay. So that's really important. Okay. So as long as we get that presented prior to consideration of a final plate. Yes. Right. Okay. And then if we could get you some copies of those as well so you could look over them and PDF form, email them to you. PDF's fine. I don't know about your road superintendent. Uh and it sounds like since this has been done kind of guy.

Yeah, he is. Um and if you have a no road superintendent, he will start from scratch on those. You said Joe's already looked at those. Yeah, he he's been on site. We were doing another farm on up in Jefferson County and but he was not the road superintendent. Yes, him. Yes, he was. Um and and he was well he was getting ready to be u what's he Charles? He was employed by the by the highway department there. Right. Exactly. He was with him today. Charles looked at it and and the other bill too. Okay. So that was during that transition from

So is there anything else that you can think of? With that being said, what would the pleasure of the board be? I make a motion that we accept this with conditions that you've put on. Okay. And that would be to provide the road superintendent signature on those things and the uh storm water retention. Okay. Okay. And she said something about fire flow for the water. It's already been done to I remember that. So there'll be fire hydrants installed. Uh yes. Yes, there is some fire hydrants. We have to bring water all the way from West Dale. We had a long conversation about the pipe size. I've got a drawing of it from T. I mean just from the Can you provide that to us? I'll sell

I'll get I'll get a whole package for you. Okay. Thank you. We've got it all. We have a proper motion. Do we have a second? I'll second. We have a second. Is there any further discussion? I have some discussion. Okay. Go ahead, Mr. Brooks.

I understand the intent of of helping him get going. I have a little bit of reservation because the contingency is pretty cumbersome here. Though it does sound like he has a lot of the contingency worked out. We just it's a formality of getting it in front of the right people and getting the signatures and all that. I do have some concerns about the about how cumbersome the contingencies are. So if we approve this, he doesn't come back until he needs his final plat approved for a phase, his initial phase phase one. Okay. Well, but this pre preliminaries for the full project.

So will he come back in for prelims on the phases? I mean, technically your road superintendent does not have the authority to approve road and drainage plans. only this body does on his recommendation.

So, um I mean typically there's there there's a review and the road superintendent would provide any concerns that he has or corrections that he wants made. Uh also that would go for I know that most of your utilities are done by private utility districts and um it when um you know they start construction constructing infrastructure, that's not the time to find like the water lines under sized or your your are you sewer? No, no,

no. So, all of these are on septic tanks. Um, so um there is a sign there are all the signature blocks on the final plat which is basically certifying that it's been been done according to their code. But if you get to that point and there's some issue and you're trying to address it, then it's in the ground or that's my concern that if we don't get it right now, it's going to be a mess later for everyone.

And to speak to that, I think it is right. It would have never been approved to start with a couple years ago and it wouldn't have been extended at the previous meeting when it was extended. There's just a couple concerns Katherine has. I think if we look at that Austin, go back to question even what you were a part of passing at that point in time whenever this was originally looked at. Well, I was not here when it was originally looked at. Right. When it was extended, you were

in May of 24. I would have been on you were here. So, I I think we may be talking about things that aren't even in play here other than what she's looking at because it sounds like it's already there. And if he doesn't provide what he needs to, that's when we've got the issues. And I'm just speaking to what you are. The motion is contingent upon those being furnished. And if you would like him to, I guarantee you he'd come back next month. I can put that in the motion, too. That way, if we have any questions with that, Yeah. I I think the as I said, the the road superintendent doesn't have authority to approve. He has authority to review and make recommendations. Right.

So technically the road and drainage plans for the entire project should be on your agenda for next month um with his review and recommendations. Okay. Okay. So could we do this preliminary approval or this approval on the preliminary plat contingent upon what's Oh I'd like to see it. I haven't even seen it. What did I say? Could we approve this contingent upon

contingent upon him coming back next month and presenting the items that Katherine has pointed out and providing that before the meeting so that we would have copies of it beforehand? Yeah. Yeah. If we look over and he's provided there's no use in it being an agenda item. Well, if we approve it, really he doesn't have to come back. It would just be we can prove it contingent upon those being here by next month. Yeah, but I mean at that point is that not the same thing as if we just tabled it to next month and had him bring the does that I mean sounds like you're in the process of taking full ownership of the project? I am. Okay. Of course, I have to get preliminary approval before I'm going to close it. Yeah. Yeah.

I can close it at any time, but I I got to get preliminary approval. If he's gonna provide all that and we're making him come back next month before he live before we give preliminary approval, then we're holding up 30 days of him moving forward before he can even get done. Will you do that? Will I do what? Come back next month and provide all this to us. Yeah, I'm going to provide it to you tomorrow. Okay. Okay. As long and we all get it in advance. So, parliamentarily, are you willing to amend the motion or Randy, are you at peace with that being added on what you were saying to get this next? It it'd be a lot cleaner if Randy wanted to put that in there.

I mean, that's fine with me. I don't want to hold him up, but if he provides all that information, which is contingent on the thing, and then him come back the meeting next month, I'm fine with that. I just like him to be able if he's got all that information that's correct, then we have no problem. He can come back next month. He can answer any questions you have. And if it's not correct, then address it. you screw it up and there's nothing to do back everything up unless it's way you understand correct if you don't provide that information.

Well, and ultimately you wouldn't get the final approval. I just don't want to get to this final approval when the asphalt's down and the utilities are are laid and all that and then go, well, you didn't do this. That's that's no good for us or him or that's no good for anyone. And that's my concern and that's why I just think we owe it to ourselves. We owe it to the developer to do due diligence. So, so Randy, your motion. Do my motion right here. And if I mistake something,

I make a motion to approve with the approval of the road superintendent a water drainage system as Miss Biller's asked or anyway follow [Music] that she requested. You get also the fire hydrant systems where they're showing where it's set out cuz you said you've already got those in place and approved. I think that they were part of the original because we looked at waterline size because it had to be a certain size to feed those hydrants

that we make a motion to approve with those contingencies and him ask him to come back again next month and if we decide we don't need him after we all see it then we can contact him let him know but I I would rather you come back in case there's any more questions next month. I think that is the best thing for him to just come in. We'll go through it and we've got a motion. I'm got Well, does Miss Sue agreed to that? I'm going to ask for a second for the motion. Okay, we have a second. I'm not about to restate it. Uh I think we all know what we're looking at. Come back.

Come back. Is there any further discussion on that motion? Being none, all those in favor of approving or extending the preliminary plat with those three contingencies. Let it be known by saying I. I. All those opposed. Thank you. Motion passes. Thank you. Okay. Uh next, uh we do need a vote on it. B B the public hearing for the resolution amending the subdivision regulations of Jefferson County, Tennessee regarding the road construction bonding and asbuilt drawings.

Uh just a point of clarification, Mr. Chairman, we're going to vote to adopt this into our subregs. Okay. And there are copies right here if anybody'd like to look at those. Okay. Uh I'll go ahead and make a motion that this body adopt those subdivision regulations. We have a proper motion. Do we have a second? Second.

We have a second. Uh and again, those were put out uh for public viewing and stuff. They've been there. It's what we had looked about, what we had talked about. There have been no changes to those. Uh is there any discussion? I just point out that these have been thoroughly reviewed by everyone here and they have been brought up at multiple meetings and there's been lots of availability for it. Absolutely. Any further discussion? All those in favor of adopting these new subdivision eggs, let me know by saying I.

I. All those opposes. C. Item C, resolution 2024-11 amending the zoning resolution of Jefferson County, Tennessee, regarding a new C3 zone wholesale and warehouse commercial district presented by Mr. Austin Brooks. And Mr. Powin, I think you were going to be gathering some more information for us on that. You got a you got a separate um item here that um so um I as I told you last time I contacted uh Washington County. Um I also contacted Salvin County and um I I did this. I've um it's just one page. Uh, I sent it to Stephanie this morning and um I looked at all the counties in the area to determine if um one had zoning, which a lot of them do not, but then um um there were several that had more than one agricultural zone district. Lowden County does, uh Rome County does. Uh Washington County has an A1, an A2, and an A3. And Sullivan County has five. A1 districts. I know the woman that runs their program. It didn't surprise me. But um so I also uh attached uh the A1, A2, and A3 for Washington County. Um and and they really are very different. A1 is just kind of agriculture. And there are a couple of items that are considered conditional uses that have BCA approval. Uh A2 is really a uh low density residential district. Um it is

in fact it allows um kind of gentleman farmers which I can sounds like you got to pet sheep and maybe a donkey or something out back

uh for the kids. Uh A3 um actually has a number of um other uses that are clearly stated amusement parks, sports arenas, racetracks, and paintball fields. So this is a commercial agricultural district or a a district that has a lot of commercial uh it allows a lot of commercial uses. And if you'll go over to um A3 um which is the last set um 603 right at the introduction and what one thing I really like about these um there's an intent there's a clear statement of intent of what the zone district does. So, I want y'all to start thinking of a zone district as being your tool to implement the type of growth you want to see in a particular area. Uh, if you'll look at this A3, business district 603.1.3 commercial livestock markets, slaughter houses, sawmills, recreational vehicle parks, airports, and similar uses provided there shall be a planted buffer strip alongside rear wall lines. So just the length of this there is um there are a number of conditions or performance criteria that has to be met. Uh the minimum required lot area is 5 acres which is pretty large. Um uh again the A2 is a residential district. It is just a very low density residential district. Uh A1 is kind of your what you have standardized in your A district.

um as it stands now and um I think you can I think it's a good exercise to go through uh because if you'll look at the um counties that do have more than one they are counties that are on the edge of urbanized areas that is kind of moving moving up the interstate or moving into your county. And so just having one A1 district um kind of doesn't address the other issues that we're talking about. Um I understand that the lack of sewer is really going to drive uh residential development at a very low density. Um, and to be honest, those areas should be protected. They're very nice. Uh, that's where, uh, I think that's one of the reasons probably a lot of people move, uh, out of an area, urbanized area to a rural county is to have, uh, live in a low density area. And so, I I really think the A2 is a good thing. It does protect uh folks who are making an investment, but with your lack of sewer, it's going to be low density automatically, and you're not going to extend sewer into these areas to have like a R1 or R2. Um, so a lot of it is going to be residential development in your agricultural areas. Uh having said that it shouldn't take uh the place of having strong agricultural protections and uh I think A3 is important because it allows agricultural

uses that make your farms profitable. It's a it's a real missing link that you have. Now, I know that um having spoken to these folks and I think you asked me about this um is that some of this is um you got another regulatory agency meaning the state of Tennessee because um um I think in the A1 uh one of the things that I found this may have been a after you look at these for a while they kind of run together Um, I found one that allowed a lot of poultry. And what one thing I thought was funny about it, it said pigeons. It included pigeons in with poultry.

Uh, well, they're they're on wires. They're not really on the ground. They're on all the poles sitting around. So, that one was kind of confusing to me. But I really do think these are good districts and they're they may provide a tool that you currently don't have for not only the protection of your residential areas that have a rural character, but also the protection of those agricultural businesses and even the agricultural industrial uses that um are sometimes the businesses that people do not like to live next to. And I was really surprised that slaughterous were in here. Now, the one thing I would warn you about is that um Washington County probably has a lot of sewer areas that you don't have. Um but it it gives you a a a tool to approve these kinds of businesses without forcing them into industrial areas. And uh your IND what your industrial area should be more what you think of as industrial heavy production um um quaries things that are uh you know typically it's it's not farming. It is large but it is a kind of we always refer to them as extractive industries but they need a lot of land and they also um have offsite negative impact that you need a lot of land around them to protect adjacent properties.

Yeah. Um and with with the uh the A1 A2 and A3 I definitely want to thank you for the information you provided. I think it's something we should definitely take a look at and look through. Um, in doing some of this, I know with some of our larger producers in the county, agurism has been utilized um to uh to help supplement farm income and I know in certain areas that's been a big a huge boost to the income on the farm and it's very much protected by the state of Tennessee.

Absolutely. showed up east. We were in a neighboring state and and a large ro operation done some aggra tourism and uh they incorporated a tulip farm and tulips.

Tulip farm tulip. It was in New Market, Alabama. And my wife likes tulips. So we made a trip to New Market, Alabama to see this. And we sat in we sat in traffic on a back road for 45 minutes on opening day to enter the pasture field. And I talked to old boy on the farm and he said he said Brian he said this saved us. He said we were on the verge of having to to sell and he said this is this has allowed us to keep our family farm and he said now we're we're not barely getting by. We're thriving

and it was amazing what something like that had done. So, in making these decisions, uh, I want us to be thorough in looking at the information we're provided and give this a lot of thought because each and every one of us that live here today, if we're not on the farm, you're more than likely on a piece of property that once was a farm. And uh, we want to do everything we can to preserve some of that. If we don't, the farms are going to be gone. the slaughter houses for this preservation. The what now? By the slaughter house. The slaughter house. How important is that in the preservation of the agricultural character

in today's climate? And I think uh where you're seeing more and more folks turn to wanting to buy locally. Uh I think it's huge and I think it gives those those farmers who may very well be getting by. Now, last, you know, year or so, cattle prices been quite a bit better than what they have been in the past, but that's not a guarantee it's going to stay that way. And if you can capture part of the retail market to the the individual from your farm, I think that's huge in giving you the opportunity to to keep more of your product, the money for your product. Isn't that a very Your largest agricultural

Jefferson County, the largest agricultural product is cattle. Is cattle. his cattle. So, when was it turned down? I mean, I was not in this committee. Couple years ago. Why was it turned down? Uh, we're trying to preserve the agricultural character of of this county and yet we won't do things that preserves the county. Absolutely. Uh it was going to be right beside a uh on a state four lane uh where Walker Trucking and uh Nestar Mines have huge operations and uh a vocal minority outweighed a a silent majority and it got stopped. That was stopped by this committee. No, county commission ultimately county commission.

County Commission ultimately but u yeah it uh it was detrimental. I think that was unfortunate. I really do. It was reszoning issue, wasn't it? Yeah, there's reszoning issue on on the uh on the front uh front of Highway 11 and that uh the side it was a map amendment. No, it was it was a this happened and it but you were reszoning somebody's property for a slaughter house. Yes. and with limited with limited capacity. Okay. So, this scenario has played out too many times in this county. It's not just with the slaughterhouse, it's with

every type of industry. You either It's like you go from A1 to I1 and there's nothing in between. I'm serious. And the issue is people are very uncomfortable with the I1 zone. So, you know, we've had welding shops and other types of businesses come up and there there's always this strife because people are uncomfortable with the I1 zone being in residential areas or, you know, so that's what the C3 was for. That was geared more towards um mechanic shops and welding shops and things like that. But the slaughterhouse is an example where because it was forced into the I1 zone.

What John Neil was trying to do was just and then we actually had a city that said they weren't going to allow it in their industrial zone. So it's just kind of been squeezed Jefferson City. It's just kind of been squeezed in multiple places. So, um, to me, the issue is a is a lack of zones.

I agree with you. Um, I I think and I I think it's very fortunate that you brought the C3 forward so that we could have this discussion and maybe a lot of the stuff that was in the C3 that we talked about that was kind of held that up uh can come out. um the value added processing uh facilities and that could be incorporated into uh an A3. Absolutely.

And um let the C3 go forward for true commercial activities that you think of commercial retail um businesses um welding shops, things like that. um so that you're not going to an IND1. And concurrent with that, uh we look at uh enlarging the A district to one or I'm not even sure we need three, but definitely two. Yeah,

two. Um, and I'm I kind of like even the A2 in that you do have a lot of residential and um I think those investments should be protected as well. Absolutely. Um, so A2 and to be honest, a lot of your area may end up being A2 or when someone comes forward with a project like uh the one we just looked at, 65 lots is uh a pretty good What is the total of your acreage that he live? Um,

it had to be 70 or more. Yeah, that's I mean that's pretty good area. And because it's all a I think you get around that issue of incompatible uses or um spot zone or the spot zoning term. They're all agricultural, but um um it would um it would give you additional tools.

Absolutely. that Bob to to touch back on what you brought up with that uh processing facility. Uh the group that was building it actually went into the one of our neighboring counties to the east and to get to the property, you actually have to drive through the subdivision to get to and there has not been the first complaint filed by a member of that subdivision in Green County for for cattle trailers coming in and unload for farmers coming in. They go down the subdivision and buy the meat. They buy a lot of meat right there close if we're wanting to grill or have a cookout. So

yeah, Brian, I find it brother and I there there's a preservation society in our community to try to preserve the agricultural nature of our of our community. Yes. Yet we have to have slaughterhouses in order to enable cattle farmers or farmers to be able to make a living. So it doesn't make any sense to me that we do stupid things like that. Absolutely. And yet we want to preserve our county. The state is is actually putting up funds to help pay for some of those things to be built. State subsidies. Yeah. Yeah. We're losing I think it's 200 acres a day and agricultural lands in the state of Tennessee.

The one I take my stuff to in Greenback. That's exactly what they done with subsidies and government help and they set it up and they've got a process and they've got a facility that they sell everything at allard. It's amazing some of the programs that some of these facilities develop with their local farmers to actually be a conduit for them to sell their beef beef as well. It's just it's there's a lot of dollars to be captured. Perhaps something could be done in the future, Brian.

Lord willing. Yes, sir. Uh I think we're having some great discussion. I think we got a ton of good information in front of us. U I'm going to ask for time to review this myself. I'd like to read through this thoroughly what you brought to us tonight. I think it'd be beneficial. I didn't bring you anything to approve. Right. I know. We've been talk talking about this quite a bit. It's been a long time. Would you be at peace with us taking this stuff home and looking at it after? Yeah. And in some ways, I wonder if we should I don't know if this would be proper or not, but if we should look at separating some of this stuff and and having an agriculture side to it and a commercial side to it. Yeah, I don't know if that would be proper to do that at the same time, but

we have there's a lot of good stuff that I think could be used in both and we could um work them along beside each other maybe. Very possible. You know, I know you were talking about the A2 and the gentleman farmer zone. We we've had an issue with that in the county as well and it's right on top of gentlemen loosely right beside R1. We need a definition for that.

Can you get us one of those in writing? I can show you one. Nobody ever come ask for that zone. Yeah, absolutely. Absolutely. But uh but there are definitely some issues that we have seen in the county that need to be cleaned up regarding these. So I think every time I we hear about a problem, you know, slaughter house or a small shop or something, I don't think there's an issue with a slaughter house or an issue with this. I think the issue comes back to our zoning and saying, "Well, you put a slaughter house there today, but once it's zoned I1, what else can come back? What happens if they stores?" Yeah. Yes.

And I I really think that is the issue. I don't think that there's this anti-welding shop or anti- this or I think it is 50 years from now this property's I1. What could go on it? Well, in Jefferson County, a lot of stuff can go into the I1 zone. Yeah. So, I think we fix a lot of I mean, I think zoning is always going to be a contentious issue, but I think we fix a lot of it if we shore up our zone districts. And I I just think we would uh finally unbridle some positive growth in our county. Absolutely.

You know, it's again, think of it as a toolbox of what are your tools to address land use issues and do you have enough? And if you don't, you need to develop more tools to fit your box. Yeah. And I think that's where we're at. And and you know, when the zoning was put in, that was a different it was a lot Yeah. It was a lot simpler time. And and now, you know, we have ridiculous amounts of growth and it's closing in on us and it's time for us to

review this and and update it. So anyway, with that, Mr. Chairman, I will move to table item C until our next meeting to give the body an opportunity to review the information presented. Okay, we have the proper motion. Do we have a second? Have a second. Is there any discussion about table? Oh, I'm sorry. I didn't see you. I have one. Um, so, um, I mean, we're at 7:15. We're talking about zoning already. So, we're doing really good. Absolutely.

Um, but these are I mean, we've done this. We've looked at the C3 for almost six six I think since day I walked in the door. I don't know how long that's been. Uh but you had there's a committee of county commissioners who met at 1:00. Uh public service the public service commission committee. No no no no. It it it exists. The one he's on. Yes. Yeah. He's on it. And then you got a couple of your county commissioners you have attended. Yeah.

And when you're in a meeting with business, business is always going to come first. I think if we could uh get that committee to meet on the same day as the meeting, maybe for an hour and a half and we could review things and if we have a workshop

planning like a work yeah work session. If we have planning commission members and elected officials and we agree on language, uh it will one you could do so without you know business or 9:30 staring you in the face and uh that's just a much better scenario. You can take your time and look at it and I would ask that we uh I don't know who I guess the chairman of that committee Norton. Yeah.

Okay. So, um, possibly it starting in August, we could start meeting for an hour, hour and a half and look at the districts, all four of them, A1, A2, A3, and C3, and come up with a package to bring back before the planning commission and then give you guys chance for input and then take it to the county commission. That is a much that is an organized way to do this.

Uh I think if we do that we need to be sure and include those folks that are on the agricultural committee and instead for Jefferson County. We need to include those folks in that conversation meeting. The the agricultural sector needs to to be here to voice and get input from them. Well, I'll I'll call Mayor Pototts or you can uh let you tell them because you'll explain better what you're don't get lost in my conclusion.

Well, it gives a lot of people a voice and a review, not in a business format where you got, you know, again, time and people waiting. Um, so you can do so in in a very measured I don't want to hinder like we have a short-term rental where it took two and a half years to get something wrong for but it's looking good. We we won't go there. I'll send you I'm sorry. Does I like what Brian was saying about looking at this thing here that I know why I would be breaking it up this way

and working that in conjunction with your C3. I do think we need to wait and look it over more that you look at it and see what you think of your C3 that could be taken care of at this. Yeah. Wow. It may be adopting what they presented what they have in Washington County. Unless you see a flop like that. No, I think they're in a very similar position in that they're on the I mean, Johnson City and Jonesboro is are in Washington County and you border Knox County. I mean, it's it's almost identical situations.

We have a deputy deputy secretary of agriculture that resides in Washington County. That's where his home farm is. And I think it'd be wise maybe to reach out with him and maybe get him to come sit in on this if any questions for some of those folks from Washington County, how they feel about how things serve them there. And I believe Mr. Aken be more than welcome to him to do so. Okay. Yes, sir.

Uh, another consideration I I wrote this down while some discussion was happening. In the A1 zone, the tax rate is 25%. In the C1 and C2 zones, the tax rate is 40%. So I think that is a consideration to give as well. And I don't know if you would know that information. I mean the C3 in my mind is going to be a 40% tax rate. So if we do some sort of a zone, I think it would be too. Well, it's still the the tax rate is based on the use. It's not based on your own district. So, if you have a slaughter house, it's going to be at the higher rate. Okay.

If you have a 10 acre subdivision uh in A3, it's going to be taxed at a residential rate. Okay. Yeah. Those they don't mix those. Doesn't matter what we do. Okay. All right. We have a motion and we have a second. Do we have any further discussion on tableing this till next month's meeting? Being none, all those in favor of tableabling item C till the August meeting, let me know by saying I.

I. All those opposed. Motion passes. Okay. Uh on to item D. Uh discussion to confirm that all plat surveys, reviews, and approvals must be done by the regional planning commission. If the regional planning commission should decide in the future to authorize reviews only, not approvals by a non-planning commission staff member, this can only be done by following Tennessee state codes presented by Bob Fanigan. And if you all would allow me to speak to this for just one second, Bob, before we get started, I have spoken with our county attorney. And uh he has requested time to have a conversation. And what did you say the attorney you quoted last month's name was? Sam.

Oh, Sam Edwards. Sam Edwards. He wants to have a conversation with them. Uh, I'm to provide Miss Baldwin with his information to get her to take back to him before we move forward on anything with this was the recommendation of our county attorney. So, uh, that being said, and there was something else that was found. I know we, uh, noted the August and that'll come when we bring everything else back. There was a policy actually from 2003 that come up. still have looked through the minutes for where it was adopted, but there was a policy that was put in place in 03 concerning this as well. So, we'll have all that information whenever Doug finishes up on what he's doing.

That's fine. I I was going to make a statement. Yeah, absolutely. October or we'll wait for the uh for for the attorney to bring the information back to us. Uh if pressure on our mind for because the attorney got back to us. Well, that's if you're at peace with holding it to them. How do you want to handle that? Well, let let me let me let me say this. I've written this out. I'm going to make it very clear.

Um, Brian, I've already acknowledged that Planner Baldwin has provided this committee with enormous amount of information. I don't think we could really do our work without her knowledge and expertise that she provides for herself. However, I respectedly disagree with her suggestion that two lot subdivisions are common as sliced bread and therefore should be turned over to Stephanie or the zoning uh office for approval. Now, this may have been true 20 years ago um and still may be relevant for rural counties such as Johnson County or Scott County, but I don't believe this applicable to our county given the growth of short-term rentals that's sweeping our county. Now, given the issues that you heard about the sheds today, that they lied to us. I was here sitting there when he made that motion to deny the sheds without prejudice because they were going to build a church camp. They built a church camp and given the issues from these sheds and associated with them, I recommend that this committee should be the sole responsibility to review and approve all two lot subdivisions so that we can never have this kind of issue before us again. And in the past year, we've had an average of 10 two lot of subdivision requests per month. We checked it up. We looked up the information. There's about 10. I don't think we really overworked you, Austin, that we should consider all these two subdivisions. We can sit here and approve all two subdivisions and it wouldn't really take take that much of our time. So, I think our our committee can handle that. Therefore, I recommend that all two two lot subdivisions be

approved by this committee so we never have any the issue of church camp ever again because it's a disaster for our community. Okay. Thank you, Bob, today. And we can definitely, you know, talk about that again once he's got uh the findings and and he finally puts out a a statement uh on those things, what they come up with. Uh, and I thank you for your time preparing that and sharing it with us. Um, so with all this being said, I'd entertain a motion to postpone this until next month uh upon the request for a county attorney.

Mr. Chairman, I move to table item D until we until next month's meeting when we can have u a statement from our county attorney on how to move forward. Okay, we have proper motion. We have second. I'll second that. We have several seconds. Any further discussion on that? All those in favor of tableabling item D until the August meeting, let me know by saying I. I. All those opposed. Motion passes. Do we have any other business? [Laughter]

Mr. Chairman, could we and and maybe Miss Baldwin or Stephanie could go over that. Could we just go over the process? If you feel that a property near you is operating outside the bounds of their zones, what recourse does do property owners around that have?

Um, I mean, it's a zoning violation and as such is a civil violation that should go before your county judge. um the county judge has the authority to determine if the zoning violation is indeed existing and as a civil violation uh they can fine uh up to $50 a day per offense. So in this situation, I think that if if everything is correct that has been suggested is that and I'm not saying that it is, but um let's say that they are running a church camp and un an offer that that's outside of zoning. Uh that would be one violation if they are operating a facility that is uh substandard with regard to uh fire protection. um sewage disposal. Uh the I mean that's a big that's a huge one. um areas for uh what and another thing is if it had if it if it was operational and it did go through the process that you would require here, they would have to present an engineered site plan with uh just like your RV parks. uh that have to show where uh the bathrooms are, where um uh where the food preparation is being done. Uh I think those things would have to have concurrent approvals by the state of Tennessee. Once again, and I brought this up, this is group assembly and uh once it's declared to be group assembly, it is no longer on the purview of this body or even the county. group assembly is by the state fire marshal.

And I I'll be honest, my concern is is that if there is an incident here or an accident and everyone in the county is well aware this is going on and someone is injured, uh that is your liability. you know that this is happening and knowing that um everyone in the county we don't have a code enforcements officer. I understand that. Oh, so who sits them? Do they need to call the sheriff department? Uh because we as a family commission can't sight them. Back to Yeah. So that much is clear. But my question was you got a code of officer. Yes, sir.

Uh, and this is once again, this is not commercial building codes. Uh, and especially knowing that there aren't commercial building codes because this is not residential, this should be referred to the state fire marshal. Okay. So, back to my original question. So, if Brian and I are neighbors and he builds a roller coaster on his property that's in the works. I'm sorry. Well, we're not neighbors. I don't know about the roller coaster, but uh how how would I as an adjacent property owner who do I go to with my complaint? Do I have to sue him or

No, you should be able to go to the county. It's a county. Who in the county the county sheriff's department? I mean, normally, um I would at least refer it to the county mayor and let him appoint a design. Yeah. Uh even in your in zoning ordinance that are more fleshed out than yours are. Um any violation of the zoning ordinance is referred to the county mayor or his designate for enforcement. Um I know that you clearly do not have a like a some uklitian um uh

workflow of who reports to who, right? and you've got some vacancies there. Uh, I understand from from talking to different folks within the county government that there there is a intent to address that issue, but you still have um I mean just a county mayor probably can can do that, but just because it's not addressing your zoning orders or you don't have a staff person that says this uh this job title does these things, it doesn't relieve you of the responsibility for enforcing your zoning ordinance. Okay. So, you adopted it. Yeah. So, you found a way. So, the county does.

Yeah. My neighbor Brian's building a roller coaster, which that actually may be permitted in our A1 zone. I don't know. But, um and I So, I could go to the county mayor and say, I feel that my neighbor is operating outside the bounds of their zone. And then do they file like an official complaint or fill out an affidavit or

No, normally there is a and this is not the zoning order because this is enforcement issues. So they're usually uh staff policies. Um uh the first notice you send is a letter of zoning violation and that's just a nice letter. The and you give them two weeks to I say I'm just pulling stuff out of air. Um, you say two weeks, two weeks you send them the certified letter putting them on notice that a zoning violation is occurring and you have proof of receipt if if there's continuence of it. It it it doesn't um

if it happened and I'm not making light of what was presented at all. I'm not. But if it happened then and it's four months before it happens again. Well, I'm assuming and I think we're getting in the weeds on questions that we really don't have the answer to. If it becomes to the county and into the state because this question continually comes back to this body. I think so we've established this body can't do it. We we have no enforcement ability. So I but I think we do owe an answer. So other than just that's not our problem, right? And and that is not that is not what I was saying. No, I get that. Yeah. As and I think Katherine's been clear in that that the mayor would be the place to start.

Yeah. So, and that's that's what I want to get clear is that anyone who has a concern about any property that they feel someone's operating outside the bounds of their zone, your advice would be to direct them to the county mayor's office. And from there, the county mayor can deal with it himself or designate an employee to like even when anytime I've written code, it's the county mayor or or the county official and the or their designated. Once again, you don't you don't state a person, you state a position. But even at that, a lot of times uh uh government organizations set up different departments, they change things. So you don't want to have to go in and amend the zoning code to say, "Oh, now we have this person in this role."

Yeah. Um but so it it would be county mayor their designate. I think that's what you you're just wanting to give some direction. Yeah. Because we can't do anything. Absolutely. So and I wasn't insinuating that anyone here felt that way. But um yeah, I just I just wanted a little clarity because I know based on my understanding of of my position with this body, there's nothing that that I or we can do at this point with with the current situation. So, um hopefully that that helps some people with their questions. Okay. And and thank you for thank you for asking the question to get to that. I'm always here to ask questions, Mr. Chairman.

I appreciate that very much. Uh, is there any other bit? Austin, you finished on that? I think so. Yes, sir. Presenting. The last agenda, you should really be first on the agenda the next time we meet. So, I'm requesting that the issue we discussed tonight, the last issue should be the first item on the next. Okay. And and Bob, the only reason I I would uh would caution against that, I hate for a lot of folks who have other things that'll move along very quickly to have to set through and we can get them out and the core of us that are involved with this can can stay and deal with the complexity of the issue.

Yeah. Yeah. Absolutely. Because it it may take some more conversation and if we hold some folks up that are going to be two or three minutes and done, I hate to take their time. By the way, Catherine, the fire marshal closed them. They called the fire marshal. They didn't have a sprinkle system. They kicked them out that same day. I don't know if you knew that or not. business. Make a motion to second. Motion second. All those in favor can be let known by standing.