Planning Commission - Regular Meeting

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Okay. I call to order the Lynchburg Planning Commission meeting for Wednesday, February 25th, 2026. First order of business is the approval of our minutes from January 28th. Has everybody had a chance to look over them? Any changes or suggestions? Have a motion to approve? Okay, motion approve. A second. Second. All right. All in favor say I. I. All opposed.

Great. Uh we'll now be hearing petitions open to public comment. Petition petitioners or their representatives will be given 10 minutes to present their petition. Subsequent individual citizens wishing to speak will be allowed a maximum of three minutes each and representatives of an opposition group will be allowed a maximum of 10 minutes. At the end of the public hearing, there will be an allowance of three minutes for rebuttals. And our next order of business is to hold a public hearing on the petition of Miller Home for Girls for use permit in an R2 low medium low to medium density residential district to allow group home for up to eight children at 271 Riverside Drive. The group home would be located in the existing residential dwelling.

Thank you, Mr. Chair, members of planning commission. Um, as stated, this property is zoned R2 lowmedium density residential in this district. Large group homes are permitted upon approval of a conditional use permit from city council. Our future land use map recommends lowdensity residential use for the subject property. Uh these areas are dominated by single family detached housing. And in addition to residential uses, they may include public and institutional uses compatible in scale with single family residential homes. Um the subject property consists of approximately 1/3 of an acre located at 271 Riverside Drive. The property is a twostory structure with attached garage constructed in 2025 and is approximately 3,000 square ft. Uh Miller Home is currently using this property as proposed by the CUP with I believe it's five girls. Um, to give some context on how that came about, uh, in September of 2025, I apologize that text is really small, but in, uh, September of 2025, Miller Home staff consulted with the zoning division and were advised that the subject property was appropriate for use as a group home for up to eight children. And based on that information, Miller Home proceeded with relocating from their previous much larger facility and completed all their necessary uh Department of Social Services approvals. Uh later on, concerns from the neighborhood were received by uh our department. Upon further review of city and state code, uh staff determined that a conditional use permit should be required for more than four children at this location. Uh, I want to reiterate that Miller Home followed the appropriate process. They consulted with zoning staff about this prior to their use of the property and were told it was permitted. Uh, staff was incorrect. So, they did not bypass or attempt to circumvent any city process. Um, and I just want to make sure that's known by

both the commission as well as the neighborhood. Um, on January 12th, the Miller Home was notified by staff that a cup was needed and subsequently they have submitted this petition before you today. Uh, in your report that was sent out last week, planning commission had I mean sorry, planning staff had recommended some conditions regarding this cup being non-ransferable and only applicable to Miller home specifically. Uh and something I want to make the commission also aware of is that yesterday the board of zoning appeals which is a courtappointed board uh appealed uh sorry they they heard an unrelated appeal for a group home for up to eight individuals recovering from substance abuse and the BCA ruled that this is considered a byite use based on the fair housing act because it is a protected class uh because they are recovering individuals that is considered a disability. So therefore the recommended conditions would not prevent a byite group home for protected classes. Um I want to make it clear because BCA made that ruling that a recovery home for eight individuals is by right. Therefore a facility for a protected class such as as that could be located in any single family residence um anywhere in this neighborhood or other neighborhoods. So whether a CUP is issued here for Miller Home or not, that has no effect on whether a protected class group home could later go here. Um because the BCA has decided that they're permitted in single family homes. Period. Uh so that being said, we are here today to focus on the petition at hand and that is Miller Home's use of 271 Riverside as a group home for eight girls up to age 21. Um, and in summary, the use of the existing structure as a large group home should have limited impact on the surrounding area. There are no uh major exterior renovations proposed or additions. Uh, and the planning division recommends approval. Thank you.

Thank you. Who's here to speak on behalf of the petition?

Great. If you could please come forward, state your name, sign on the form, and tell us about what you all are proposing. Okay. Okay. Good afternoon. My name is Morgan Kane Ryan and I currently serve as the executive director of Miller Home for Girls. For nearly 150 years, Miller Home has served as a place of safety and stability for young women in need in Lynchburg and the surrounding areas. Miller Home's not simply a residence. It's a supportive environment where healing happens, accountability is practiced, and hope is restored. The young women we serve are not statistics. their daughters, their students, their future employers, and hopefully future leaders in Lynchberg. I've seen girls in our program come through and become caring, active members of their community. And I hope that we can continue cultivating kindness, compassion, and teaching each girl who comes through the program how to be a good neighbor no matter where life takes her. Part of being a good neighbor is listening to concerns of those around you. And if anyone leaves this meeting and has questions about who Miller Home is or what we do, we welcome them. We want to hear feedback. We want to be a part of the community that we've been a part of for 150 years. It's our sincere hope to continue serving girls from the Lynchburg area and surrounding areas for many years to come and continue the legacy of Samuel Miller that was started 150 years ago. Granting the CUP allows us to continue providing a home and opportunities to young women who are in need and continue changing lives one girl at a time. Thank you all for your time and for your service to the city and thoughtful consideration of this.

Thank you. Is there anybody here to speak in favor of the petition? Okay. Anybody here to speak in opposition to the petition? All right. So, if you would please come forward one at a time, state your name, sign in, and uh we'll hear you. I must sign this. Good afternoon, Chairman Rogers and members of the planning commission. My name is Carla Hamilton and I am an own the owner of 275 279 Riverside Drive, Lynchburg, Virginia. I am here concerning the commercial use of 271 Riverside Drive in the residential area zone R2 low medium density. I commend the Miller Home for what they have done, is doing, and will do for young ladies, no matter where they operate their business. The overarching issue is that contractors and real estate companies are intentionally or unintentionally trying to invalidate the home sweet home fabric of our neighborhood where the homeowner or the homeowner and their family live in the home. On my block, two houses have recently been converted into long-term rentals, and two southern one is now being tenatively used as a commercial business. This has made us

the original investors of the Riverwood Riverwood subdivision in the bluffs who love our neighborhood uncomfortable and concerned about perception and setting a precedent again setting a precedent for other companies to apply to put their companies within the bluffs and the Riverwood subdivisions. When researching the administrative codes for private and government roof homes 22 VAC 4151 etc. it seems that 271 may not be a good fit for eight clients. One bedroom and one bathroom has to be for staff and clients are not to use either one. One room has to be for confidential meetings with clients and other resources. Staff have to have an office where confidential papers are locked. Designated areas must be assigned for age appropriate play. Bedrooms must have doors, egress, and proper storage for each client. Question: Does 271 Riverside Drive have a certificate of occupancy from local and state fire departments? Observation. One of the administrative code states hall lights must stay on at night and outside lighting must be on at exits and driveways. Usually the property is completely dark inside and outside at night which would make egress in an emergency situation very difficult. Parking has been an issue. There are at times nine and 10 cars. Um this includes the three cars that they own. These cars are parked in a small driveway and on the street. Administrative code BAC 2790 670 says that the ratio for adults to children for private and group homes is 1 to 10. Currently, there are five clients. Three clients are adults. No one expects the working staff number to be low as one except at night. But it

does mean that fine-tuning the schedule, especially when youngsters are at school, would help with the car issue. There is no parking lot. The driveway is small, and the alley across the street is a no parking zone. So, events and meetings with your board would have to happen at another location. In conclusion, our major concern is this is um that that it is setting a precedent. Other concerns are is the house really suitable for eight children with a room and a bathroom being designated for staff and the clients cannot use those spaces. Has the house received a certificate of occupancy? Will lighting inside and out be used as required at night as written in the Virginia Administrative Code? We are the original investors of the Riverwood and the Bluffs. We want you to listen to our voices in this decision. Our homes and our quality of of life is important. We're not secondary. We're primary. Please recognize our concerns.

Thank you. Um, I hope that you have received the email from Monday that had the um Riverside neighborhood survey uh in an email from Rachel um because I will mention a couple things about that though I won't um you know go through it line by line. Good afternoon committee members. My name is Carolyn Wixs. Like Carla, I'm a resident of Riverside Drive. And as you already know, a cup will always be complex, but this one is particularly complex because we're talking about the lives of girls. And um one of the things I hope you noticed in our neighborhood survey is the tremendous caring that Riverside Drive has, not only for the people that are there, but we have tremendous building going on in our neighborhood, as does much of Lynchburg. and we really care about the people that will join us in the big family that we call Riverside Drive. So, this cup that's before you this afternoon is not a matter of just crossing tees and dotting eyes and trying to fix the mistakes that are naturally going to happen in a process like this in an organization like this, a helping field. But what we're hoping to um say as the opposition, as neighbors, is sense our heart of caring. You saw that in the email that was given to you by Rachel. We spent a lot of time and effort as a neigh neighborhood trying to play catchup. We didn't know this was happening until we saw institutionalized vans coming

through our neighborhood since we're all out doing gardening, yaketting, and whatever. And we're like, where is this coming from? And then Carla helped us to understand since she lives right next to this, okay, this is happening. and then calling Tom Martin and working with Rachel and we had to play catch-up as a neighborhood and find out what in the world is going on and we didn't we weren't even given the chance to support this. We still don't have brochures. Nobody knows what's going on. It's been left up to the comm community to fund to find out. Put a flyer together. You saw that flyer in the email. Put the survey together. Walk the streets. make sure everybody had a voice because let's face it, planning meetings at 4:00 on a Wednesday afternoon, everybody's working. And so it was very vital vital for our residents to forward this to you, sign it, and also the qualitative information, why people did what they did, why they said yes, why they said no. Um, based on this latest information we find out this afternoon about the board of zoting appeals speaks right to what the people who said yes were afraid of in saying yes. I mean, they kind of danced around and said, you know, I'm saying yes, but if we can't just pair it down to a C cup just for Miller home, I'm against it. And this is the reason why. Because although I understand the Fair Housing Act, I'm wondering how it's fair to those of us that are there. I understand we're trying to be fair to in this particular other case uh people of substance abuse, but when we don't know about any of these things and we're playing catchup, how is that fair to the historic residents of a district? And so one of my main focuses is to talk about that caring and offer a different perspective. You have the exact votes of the residents of Riverside Drive, but I want to I want to share with you p perhaps a different perspective that would make you vote no on the CPU this afternoon. Mistakes were made in the professional

advice that were given to Miller home. You know what those are and and the misdirection that they had and we recognize that people are human. So, we're not focusing on that point. But this means for several months, Miller Home has been conducting full institutional work in our neighborhood without the cup. So we've lived what you're about to decide on for all these months. So we're able to say how we feel as residents and recommend that Miller Home take a different tact and you support them in a different way than saying yes. And here's what we're saying. When you vote in a few minutes, my neighbors and I are asking you to consider the findings of our survey. 67% of the neighborhood participants are asking you to stop this cup. And here's why. By voting no on this cup, you are giving Miller Home an opportunity, an important one, to sell their home on Riverside Drive and reinvest that half a million dollars in an institutional compatible property. That's what Carla is saying. In some this is not an institutionally compatible property without more money being spent on their part and changing the character of the home in the future. They may not be doing it now but you know they will. Another thing is they could house more clients in a different property in a different space in a mixeduse corridor of Lynchber where their clients will be closer to the services and the shopping that these young adults really want. This committee is instrumental in the renewal of downtown. You guys have made it possible that we have a renewal of our restaurants and our amphitheater and all the great things happening downtown. And yet here we are this afternoon talking about taking eight girls, taking them away from the center part of Lynchburg and putting them on Riverside Drive. How does that make sense to isolate them from the rich connections of social socialility here in Lynchburg here downtown where they could walk to

those sorts of services and things that we love so much. Think of these girls growing up at 271 Riverside Drive looking at Henry's junk. And I know Mr. Woodson, you were over there talking to Henry, so you know his junk car is in his his place there. And they're looking at Carla's driveway on the other side. They don't even have a sidewalk in front of this new home. They have the new home was put in an unimproved and isolated stretch of Riverside Drive. What kind of setting is that for these girls? Frankly, to our Riverside residents, it's sad to see these young adults meandering through our neighborhood on a Friday night when they could be downtown in coffee shops and different social aspects, but they have to travel to those points. It's sad to see them in their institutional conversion van being driven somewhere that they want to be rather than being in the place that we envision as as Lynchberg residents as being the center of what could really grow these ladies in ways that would be helpful and social and connected. So, um, all the great things Miller Home wants to do for these girls means that they can do better than Riverside Drive. And so we're asking you, please vote no on the cup. Give these girls the chance to get reconnected with a thriving social downtown, a hub, if you will, where they're not isolated in 271 Riverside Drive. They don't have to drive their own cars. They don't have to be in their conversion institutional van and be driven somewhere they want to be. They're there. and help Miller Home to do this by saying no that they can rep prioritize and find a bigger building that's in a different setting that's more conducive to what they're trying to do. We appreciate what they're trying to do, but we think it's misplaced and so we appreciate your your help in this matter.

Thank you. There anybody else to speak in opposition of this? Okay. Would the um the presenter of the petition want to rebut any of the comments or speak to them? All right. We have any emails that need to be read? Okay. I'm going to go on ahead and close the public hearing and we can begin deliberation. question. What's um as far as visitation goes at Miller Home, what's the like what's the definition of a visitor in this case and when when are they allowed to come and that sort of thing?

I'm sorry, I missed the second part. Yeah, just like what are the rules for visitors at at Miller Home? uh who who can come or like you know are they can they be relatives or are they friends or how does that work and when can they come when do they have to go or

Sure. So anyone who is coming to visit one of the girls in our care whether that be relative, friend, anything has to be arranged through either myself or our program director. Most of the time we set that up especially with relatives or anyone that you know could be doing a meeting. We try to do that during office hours, so between 9 to5, but that's planned days in advance at least, so that way we can make the adjustments that I believe Carla was talking about of making sure there's room for parking, making sure there's space for them to use for confidentiality. Yeah. Okay.

I'd be curious about the, you know, that was a question I had even before Miss Hamilton came up is where is space what what is the office and the staff support space like? Is it at that house?

So administrative office, there is an office in um the building that I use and that our uh program director use. We share that space. That's where we can have those confidential meetings. That's where we can um you know do the administrative side. But then as far as staff, we have one childare worker on staff that um stays with the girls 24 hours. So, we have a couple in that position, but they have a bedroom that serves as both their residential space according to uh DSS code that has a bathroom, it has a bedroom, it has a locked space for confidential documents, for medication, for anything that we need for that coding. Um, but it is their space. They stay there. They rotate shifts. So, it's not like we have multiple staff there at one time.

Thanks. Did did the u uh Rachel, did this did the city, you know, the the drawings were attached to the the packet the city sent out, did did uh the plan reviewer for the city review the the plans and you know for that zoning area and they said it was was that zoning district and said it was it meets the requirements there for like fire fire protection or suppression and all that stuff or

uh yeah and we and we did uh so so when the um permits came through. Um it was reviewed as any other single family home. Um we also met with uh the building plans reviewer to determine uh whether this would be like a change of use or something to you know cross a threshold into needing fire suppression and it does not. Um he verified with the I think the state okay building code uh or board I'm not sure what the entity is but he verified with the state that that was not necessary um and that it it meets the the need. Yeah. Okay.

I have a couple questions. I appreciate you the bill a home for being serving the community for you know 150 years. I think that's great. So much needed. Um I did take the opportunity on two days to go out and visit the residents in the area. Uh concerns that I have uh parking we're looking at the parking there and concern of the neighbors there too. Uh in the front yard probably and I'm just going to give a guesstimate on this. Half of the uh front yard is a is a concrete driveway. So, uh, the the question that, uh, there as far as recreation, I think Rachel, is it onethird of an acre? Is that correct? Is that what we're looking at here?

All right. When the Miller home was at their current location near East Glass High School, do the girls need or recreation because I noticed right directly behind the structure there, it just drops right straight off. So, do the girls currently do they George side and recreation? Now, where are they going to go for recreation in that location there?

Sure. So, we've actually gotten creative with that already. Um, just like we did at Westerly Drive, honestly. Um, some days we actually have, let me back up. So, each day there actually is a designated recreation time because we want the girls to be outside. We want them to be active. We don't want them just sitting around and, you know, not wasting their time. We want them to enjoy the sunshine, too. So, one thing we do is, yeah, we do go for walks in the neighborhood. Um, with the condition of we want to be respectful to the neighbors. If they're being loud, we have staff who says, "Hey, remember to respect your neighbors." But Lynchburg also has a plethora of wonderful park areas of wonderful places where we can go to within a short span. The girl's favorite being Riverside Park. and they can use that area for recreation as well. So thankfully even though the yard is smaller, Lynchburg offers a lot of opportunities for them to have recreational spaces.

That being said, that is correct. But the streets are pretty narrow right through there.

Another concern I think was mentioned there also there's no sidewalks uh there. Uh there sidewalk up the street a little ways but not in front of the uh existing area there. I did talk to one of the u original owners has been there, his family's been there since next door to you all. Yes. Since 1941 and of course looking at the survey, there's still, you know, a lot of concern among the uh the residents there. Another concern there as far again with the street and parking uh currently using LCS schools, I guess it's correct. Uh, I guess it will change, but school buses don't even come down to that area. And I'm not sure where they would actually turn around. Uh,

so they don't come down to that area. I'm sorry, I didn't mean it. There is a bus stop that is zoned, maybe not zoned, that might not be the right word, but um, that is designated by the transportation department for the girls because our girls started in Lynchburg City schools, but are finishing their year out. They were grandfathered in for elementary and middle school. We actually drive them to school at this time. Um, but there is a bus stop, I believe, where Riverside and I can't remember the road off the top of my head, but where that road meets, there's a bus stop that they utilize as well.

So, you don't you you're saying for recreational purposes? Oh, no. Not rec. But for recreational purposes, this suffices compared to where you are the broad space that you have on is it Westerly Drive? We were at Westerly. Yes.

Yeah. Okay. And Rachel on the conditional use permit, is that just strictly for this particular company or can that be how's that transferred if they should decide to go into business or or or move to another much larger location uh in five years. So the condition that we had recommended is that it only apply to Miller home uh and that if it the property transfers that the conditional use permit does not transfer with it. Um, but again, I I do want to clarify that if a group home that serves a protected class, such as a sober living house, which is, you know, the one that everyone thinks of, um, that is protected by FHA and has nothing to do with the CUP. They would not even need a CUP to do something like that in a single family home. That is what the BCA decided yesterday. So regardless of what happens here, um that would be considered a buy right use for this house and any other house in this neighborhood or any single family house in the city. That is what the BCA has decided based on it. Fair housing act. So um yes, while the condition does say it is only for Miller home, that does not necessarily mean that something else couldn't come in just like they could go into other facilities. So I just want to make that clear. I don't mean to be deceptive in saying it could only be for Miller home. There are other instances where a group home can be considered by right that we don't have any control over. But it it's not specific to this house, this property, if that makes sense.

Yes. Yes. Would that be part of the reason that um that there was that lapse of you know allowing them to be there? I mean this something we've tal Sorry we've talked about before. you know, this this idea of the group home. So, when Miller home came and they approached and they were given permission to do that, um does that have something to do with with some of the things we've already talked about with group homes? Is that why that was allowed?

Um, so the zoning administrator is is here. Um I don't know if Kevin you want to talk about how we were initially looking at it and then uh you know when we dug further in and found that a cup should have been required. Um kind of the difference there. Um could you speak to that?

Yeah I can elaborate on it. So the state code allows foster care up to eight residents. That was the mistake I made. I went to state code. State code I knew allowed up to eight. Um, but in our zoning ordinance, it gets a little more specific. Um, where there's a limitation. That's where the mistake was made. Um, that I don't think ties into what the board of zoning appeals decided yesterday. What was what happened yesterday was regarding a recovery home. Um, as Rachel had mentioned, they overturned our decision. Um we believe that um the particular property was not in compliance. They were cited with zoning violation and that was subsequently overturned yesterday.

Okay. So the state code the state code is say this is by right correct but the the city's zoning ordinance restricts it a little further. Just tagging on the future issues in the third condition. I understand what happens to it. It's not transferred to new owners, but the first sentence there, this CUP should not follow the title to the property where Miller home will be located. I'm not sure what that means.

Uh that's just referring to the 271 Riverside Drive. And just to I I realize I've only got the conditions listed there. Um but in your resolution that you would um potentially adopt, you know, that section does have a heading based on proceedings uh findings findings of fact. Uh planning commission either recommends approval or denial of the petition for ACUP at 271 Riverside Drive. So it is specific to this property. It's just Right. So if they go to another place, this doesn't follow though. Right.

Right. So, I guess I mean this is really being picky, but that first sentence is should they move? Should the petition I mean it's just it's what what they're what that phrase means. And we did run this through the city attorney. This cup shall not follow title to the property. I see where I see where you're coming from. Where home will be located. Shall not follow title to 271 Riverside Drive. If you'd feel more comfortable with that. It's almost as if it it's planned move but they're already there. Yeah. Is located be correct.

For this specific use on this specific property and any change to any of those that that is the intent. The cup is yeah no longer uh applicable. I don't know. shall not we could say shall not follow title to the property at 271 Riverside Drive if you'd feel more comfortable with that. I'd be curious about the parking because that was been brought up. You know, how many of your residents actually drive? None. Okay.

None of our current residents drive. Our parking consists of Miller Home currently has three vehicles. Um one being a very large large van. We are in the process of selling that. So that will be no longer needed um soon. And then we'll only have two regular cars. Um and then during the day, myself and the program director are at Miller Home, so our two cars and our childcare worker staff. And then we have volunteers and interns, but usually less than three at a time, usually only two. Um but we've tried to be cautious with the situation with parking. And in our initial meeting, parking was brought up as, hey, this probably is a concern. So, as we have gotten settled in the house, we've been trying to be a little bit more cautious about the space that we're using and we're going to continue to improve that.

For one person, I mean, is there a honestly a lot of our girls I'm sorry I didn't um the majority of our girls have a actually all of them have a place where they can go for weekend visits, for overnight visits, for home visits. So most visitation doesn't even occur at Miller home. Okay.

Yeah. I went by the other day and there were seven vehicles there including including the van and it was crowded. It was and there was no violations. I mean it's using the driveway and using on street parking. But it was and the neighbors had stakes up where their property was to not because you have you can't park completely on the road. There's not enough room. you have to park partly in the grass, which is again not violating anything, but it was definitely crowded. And that was a one-time visit. Doesn't mean it's always like that. Um, and so what are the uh options for group homes? I'm assuming an R1 even with they wouldn't be considered even with the CUP aside from discussions yesterday.

Uh you mean as opposed to this being R2? Yeah. No, it would be the same. So R1 would be you could you could get a commission permit. Yes. And then up through up through the other residential and then is there other designations where group homes are allowed outside of the residential? Oh, you mean like by a right? I think once you get to the commercial districts with the CUP and all the residential as far as Y double check. I just have a quick question for

just about the your survey. Uh just out of curiosity, the um the survey that was the the information presented to to your neighbors and that sort of thing. Uh you know, that was that was nice effort. Um you know, well done on that. Uh organizing with your your neighbors. Um but did uh did you present them the narrative that Miller Home presented to the city at all? We didn't have it available. You didn't have it?

No. I uh talked to Tom Martin. Um I talked to Rachel. I did talk to um the lovely lady. Oh, I forget Danielle. Nicole. Nicole. That's right. Um just to find out um about kind of what their vision was um why Riverside Drive was a huge, you know, again, as we're talking about parking, all these things. It's like our neighbors and myself, we just we think about all this and it's like shoving a round peg down a square hole. It's like, okay, parking is an issue. This is an issue. We're making all these con these these children have no place to play. You guys, if you see our lot there on 271, I mean, they're right up against our um forest. We my family owns that forest behind them. They have to go to Riverside Drive to play. I mean, Riverside Park to play and yet they're isolated out here on Riverside Drive. So, we didn't have the narrative that she presented to you. I had to find it out. We talked about it as volunteers of what we we were so concerned in making sure everything was fair play for Miller Home and for us and everything was equal and and we weren't biasing our people anyway. They could just speak their hearts. And so we decided what to put on the brochure, but we didn't have any of this information. And it it would be so helpful if Miller Home had or will send out to each of the residents. Here's what we are. Here's why we're here. because all the people know beforehand was just we see these girls wandering around and there's obviously adults with them, but it's like are they being babysat by someone? Is somebody having a big party? We don't know. Um so I'm I'm proud of our um our neighborhood and our volunteers because I feel like we did not bias them in any way and we tried to keep this survey as tight as possible, as objective as possible. And I really feel like before you you have some key information which is Riverside residents don't want this. We we're living what you're about to decide to make it official. But we've

been living this. And if you were to if they were all sitting here, they would tell you this condition of saying it needs to stick with Miller Home is so important because we do appreciate Miller Home, but we're scared to death that this is just going to get bigger and bigger and bigger and we'll have tons of group homes and it'll just change the spirit of our neighborhood, the the strictly res residential corridor. Um, and we're not being divisive about that. We're not being we're just it's so underdeveloped. I mean, you guys have been out there. You know that we really are underdeveloped and isolated out there and um we want what's best for everyone, including Miller Holman and ourselves. So,

did that answer it? Mhm. Sorry.

You can call her if you'd like to hear. Yeah. Does the commission have a specific question? I asked if he had wanted to call her up. Wait, she wanted to speak.

No, I just wanted I just wanted to say two things. One of one of the things that we did initially when we fixed up the information um we tried to make it as impartial as possible and one and um Bethany the district attorney said it was very very fair. I mean you didn't show impartiality to anything. So, we just gave them the information. And then I also encouraged our neighbors and so did Carrie to go to them.

We can't answer your questions. Please go to them. They're cordial. They're kind. They're nice. Please go talk to them. And so we we have not in any way tried to, you know, smother or encourage a certain ideal. And you should be able to see that through the survey because there were yeses and there were no. So I just wanted to make that very plain. Thank you. So Rachel, the the third condition is that something that you you added is that has this been kind of growing these the conditions kind of really thinking them through or was that something that was profered immediately? How did that come about? The third condition, it seems to be very important.

That that was uh something I added based on uh hearing those concerns from the neighbors. Mhm. Yeah. and the petitioners. Yeah. Well, that was I I wrote that before we got that survey, but yes. Okay.

Yeah. Anybody have any other questions or anybody want to make a motion? I'll make a motion uh there since I've been at there, you've been out to the area too and looking at the survey. I would make a motion that this uh resolution be declined. That's my I can't vote for it. All right. So, we have a motion for declining this.

I I'll second it. So, we're going to um any other comments before we vote? We're going to vote that this gets declined. And of course, it does go to city council. So, um let's go ahead and move forward. Um as it's written, we're going to vote no. Uh that's the motion. So, all in favor of voting no, say I. I. I. All for voting against the no motion say I. I. So that means it'll be a split vote. Yeah. Motion fails. Yeah. Motion fails. Split

um alternative would be to recommend approval and I assume that would be the same vote. So right. So it's a split vote. So it would go to council that way. Excuse me if I you can also come up with a you know if you think that there's different conditions that make it more palatable to get it approved for those that are voting against it you can do that but you're right you're otherwise you're in a stalemate

I I think so I think and I understand why it would be voted against and I'd probably say people understand why it be voted for. I think that third condition is really important. I know that we have two council members who one who sent an email uh supporting it if that condition is there. Um and of course uh the the the non-discriminatory language in in this in this email it's like well a lot of the things that you might not want in a neighborhood that people say I don't want are actually protected by right. So, uh, you know, I think this is a good, um, good solution to allow. So, I think I I don't think that there's anything that we could change that would change the vote. Um, I think it's probably best to be adjuducated in front of council. Any other thoughts?

I No, I agree. Is is sending it to council as is um too ambiguous or is it worth is it worth voting voting on the petition as it stands and we would just be reversing our votes but that's what we go to council right it's I think it's a split vote either way it's a split vote just I just don't want it to be does someone want to make a motion to approve it's a delicate matter just to just to put it on the record that you tried both ways to make okay and conditional use permit as as written. And I would second that uh to to approve it as written with these three conditions. So, we'll go ahead and vote on that. Um all in favor of approving this say I. I.

I. All opposed. Same day. Nay. Yeah. Wow. It's a split vote. It's going to go to council at I realize we end up with the same thing, but I think coming to council like that, it's it's a delicate matter. We want to make sure there's no confusion. What's important that council knows that it's a delicate matter and that that the neighbors have spoke. I know that the neighbors care. I know I know that you had the conservation. I remember you coming to us on that and it's it's a community that people care a lot about. I know people care about Miller Home, too. So, yeah. Um, with that, we'll send it to council with those words. All right. Thank you.

All right. Um I do want to bring up we don't have any other uh any other items to speak but I do you know we did get forwarded the calendar so I wanted to kind of take a moment the calendar for our planning commission meetings to make sure that as we as it starts getting warmer we're going to start taking vacations or having things come up that we do communicate well uh about that you know especially looking forward because some people will be having things like in June and July and there might be three four of us that already have that and and we can actually help you all out a lot. I know by letting you know because you're gonna have some petition come I want to hear it in June, you know, like well the new one's here. So um

sure uh quorum is and I was going to skip but but my my vice chair he left so I couldn't skip today. to follow that recommend that we get an email just the calendar and being to reply. Yeah, that's a good idea. Known absences. Yeah, because that kind of got buried. Oh, you want to you want to just identify on a list things you won't be able to so we can reply to you and say yes in July will not be here at that caught it. Planning our vacation around obviously. Yes, definitely. That's why you plan yours, right? Well, yes, actually. All right. Anybody have any other comments or anything before we

discussed uh I think last meeting or the meeting before last and just didn't know what the um kind I guess like what the duration or what the schedule is for that. Do we need to have that approved by a certain time or

um so we have one more work session to schedule with you uh and then a final uh sort of well I guess it would be an open house and then a public hearing. Um so one work session and a a public openhouse and a public hearing. So um yes that will be part of your um upcoming calendar and we'll communicate the dates on that um because they most likely won't be your normal dates. Yeah. Um, but yeah, if you when we when we send out that full calendar, if you could let us know if there's any blocks of time that do not work for you, um, that would be super helpful to as we get into scheduling those. All right, thank you. Make a motion to adjourn.

Second. All right. Well, we're journ. Thank you. Have a good day.