Planning and Zoning Meeting - Regular Meeting

Thank you God for this day. As we come for the county visit, we ask that you will be with us. In your name we pray. We say amen. I pledge algiance 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. consideration for July's minutes. Motion second. It's been moving properly. Second. All in favor? Have it. Site plan. Bob Lloyd. Good morning. My name is Nick Nukem. I'm partner with Bob Lloyd on the project. We're the new owners of the Movie Town RV Park, now known as The Landing at Movie Town. Uh we are expanding the office. So, the current office that's there is just too small for operations. So, we are moving the office into the existing laundry room and going to put new storefront glass across the front of that, which is the front right of the existing building. And then we're going to add on directly to the back of the building, just extend the same roof line off the back to build a new laundry room and then a covered picnic area that overlooks the current playground in the back for uh people to sit out, families with their kids while they're playing in the playground. Your addition is just a little bit over a thousand square feet. Is that correct?

Let me double check that. 20 40 25. Yes, ma'am. It's a thousand even. What are What are your plans for parking? Um, right now we have ample parking in the front that that people use. We've got eight spots around to the left of the building, two to the front left, and two to the front right. I see it now. Okay. We're not changing any use. We're not making the laundry room any bigger. We're just moving it to the same size room in the back. And the office space is still upfront in this building. Um, we're just moving the office from a smaller office to a bigger one to give us more space to work. The office right now is in a space to the left of this attached to the manager's apartment. Okay. I thought that parking, that eight spot parking, I thought that was part of a street. I didn't realize that was Oh, yes, ma'am. So, questions. I entertain a motion. I move site plan be approved. It's been motioned and properly second. All in favor? Eyes have it. So it is. Thank you very much. Motion to open public hearing. So moved. Second. Move the properly second. All in favor?

I. Grace Chapel. Mr. President, I don't see Mr. Ham. I'll check out in the lobby, but you could just move forward. Go ahead and move on down while we wait. Lord Spy. Hey, I'm Scott Line with Line Excavation. Um, I've been mining at the Lys 5 estate up there and I'm just asking for a approval of a bigger permit. I have a 4 acre exempt and I'm just want to make it bigger. Any questions? Opposition. I entertain a motion. I move that we grant the petition. His his request. Second. It's been motioned and properly second. All in favor? I have it. So it is. Thank you. Tower LLC.

Good morning. Uh my name is David McGee. Um address of 121 Village Boulevard in Madison. Um I'm here to represent the the towers. uh LLC doing business is vertical bridge and uh this is a we are requesting a conditional use to uh build a 280 foot self-supporting uh wireless communications tower in an A1 zone and the address is it is 1933 Cox Ferry Road property address um and uh This is a build a soup tower for Verizon Wireless, excuse me. And the uh Verizon's wireless engineers had determined that a half mile radius circle uh near this site we were tasked with finding a site in. They determined that if we found a site in that, it would provide coverage in that area and link in with its existing sites for uh better coverage. And this this property, I guess it's probably 6 and a half miles west of Florida, just approximately. It's pretty far out. And uh the nearest tower is uh pretty distant. Um 3 and a half miles to the south uh off Highway 22. So there's no three and a half miles is pretty good distance in this day and time to not have have a tower for coverage. Um and then alternate to that, I think the nearest tower's over five miles away. I have a map that shows those nearest towers if if that would be helpful. It's not in there.

It's it's not in the application. So, so anyway, I don't want to get too in the weeds, but if if it's helpful, I have that here. Um, so the, uh, like I said, I drove out there yesterday and the, you know, you go, uh, from from, uh, 49, go west on Cox Ferry, and after about a half mile, your coverage really drops off. There's nothing out there. So um anyway, so this is uh proposed to fill that coverage gap. When Verizon gives us an area to search, we have several criteria. We have to find a site inside that search area that they give us, you know, that would work. It has to we have to find a willing land owner, which good many land owners out there. We talked to three and uh so but uh and then it has to be a site that both meets the ordinance and we can access you know so so uh this site fit that bill and uh so it uh trying to think of of anything else. Those are the criteria we use. they selected this site and it's proposed at 280 which is uh high enough to meet Verizon's coverage objectives and but is also designed for to uh have additional carriers in the future. So it is strong enough for I think we show excuse me two future carriers structurally designed for so so uh if AT&T or T-Mobile you know were to come along they can colllocate on that tower uh you know without having to come to you to build another structure. So, um, at 280 ft, this site will have to be lit, but, uh, we use a dual mode lighting system that turns to red at

dusk, so it doesn't, you know, bother anybody. So, happy to answer any questions or say you spoke to three of the land owners. Are those the ones in here, sir? Those are the ones who were connected to the property. Uh, yes, sir. uh they give us a kind of a bullseye and a half mile circle on a map which I'm happy to show you and we we look to to find three candidates in that map and engineers have determined if we can find a site in that half mile radius that it will best cover meet their coverage objectives. And so this site is is uh is inside that ring. We did speak to three property owners um in our search and uh so so not everyone, like I say, we have to find a willing candidate and and one that is constructable. And so so this was the one that that worked out. So, any other questions? I think Mr. McGee in uh previous uh previous approvals of cell towers, I think the county has um reserve the right to place any sort of like first responder type communications equipment or anything. Would would you guys have any issue with that? I don't think they would have any issue at all. So, so long as we've got a spot to put it on. Yes. And I think it would be a good benefit to the county because there's just nothing out there. U you know, these services uh are vital. You know, I think the

property owner says he can walk outside and get one bar, you know, at times. And and uh so if uh you know, somebody has a heart attack or a tractor accident or something, it's you know, everybody's got a cell phone. I think the latest SEC data is 90% of the uh 911 calls are wireless. So, but yes, absolutely. So, any other questions? I entertain a motion. I so move this request. Conditional use approved. Motion and property. Second. All in favor? Eyes have it. So it is. Thank you, Brandon Ke. Good morning. My name is Neil Bryant here for Brandon. This is Brandon Ke, the applicant. Two months ago when when Mr. Ke was here, the the motion he has two motions before the commission. uh they are separate but they are related. So there's going to be some overlap in the two. U item number six is regarding the reszoning of uh certain property from R1 to R1A. If you look at the application there will be a something of a survey in there that shows the difference. So we have two parcels side by side that are long and narrow. The bottom three4s of those roughly is currently zoned R1A. The top portion of those is zoned R1. So this agenda item is to reszone the top portion from R1 to R1A. There was some objection from Densson Farms HOA at the previous meeting. Uh we have uh Brandon has been talking to them. Their

attorney, Mr. Jim Cruz, is here today and late last night we finally worked out an agreement to put a 45 foot buffer on the east side of this that will run the entire length with Densson Farms where it's going to be a no cut. And I have the I have the terms of that agreement. I'd like to read into the record. Now, some of the terms that were worked out, I'm going to defer to Andy to make some of this legal. Uh but this is this is the rough terms that that were worked out. I'm sorry, it's on my phone, so I have to pull it up. I need to start my clock on. Yes, that's it. Thank you. You know what? I'm sorry. This is going to be because I've got a portion of the red line. Let me read from the I've got to pull out the letter that we sent a proposed letter. They had some changes to it. I can find it. Get that letter. I've got it right here. What I received is a screenshot of a portion of the letter with some changes on it. I don't see it in here. Okay. All right. So, the terms of the agreement are as follows. A 30,000 square foot minimum house size. A 45- ft no cut buffer zone be on the east side adjoining the Densson Farms development there. That will be included in the property deed. So when uh uh the property is purchased that will be a restriction in the deed as well as we'll reference it later in the covenants. The buffer zone will go the entire length the ent entire eastern property line of the Brierwood development our prop our project. The terms of the buffers no cut buffer zone are as follows. It will be 45 feet from the adjoining property line to the interior

of the lot. No trees can be cut down or removed with a diameter of six inches or greater. If those it says if said lots do not have any timber that exceeds the above sizing requirement, these lots can be either a uh we can keep the small trees as is or b mulch and clear the existing brush and that would be the developer's option. If option B uh which is to uh mulch, if option B is selected, the developer must plant 3-inch tall evergreen spruce-like hedge within the 45 no cut zone that encompasses the entire width of the lot and the hedro must be maintained. I believe that would be by the property owner that because it's on private property, not common area, each lot owner would be responsible for maintaining that. Sorry, there there's a maybe it says three feet. I just can't read it this. So that's a that's a three foot tall. It doesn't make sense. Plant three inch three feet tall evergreen like spruce like hedgerros within that 45 foot no cut zone. Now this is where uh I'm going to defer to Andy somewhat on the legalities of the next part. We agree in principle. I just don't know how you make it legal. Densson Farm HOA asks that the restrictions and this is referring to that previous in January 14th in in this meeting January 14th 2016 the commission approved the reszone of the southern property and I apologize for jumping to the next agenda item but to get it all together to approve the reszone of the southern threequarters of this property uh this commission required what it said was a 2 acre area doesn't mean the area is two acres there an area set forth uh and and it's on our it's in our application. Our surveyor

depicted it. Uh there's an area in which the lots must be twoacre minimums even though it was reszone to R1A. That is what we're asking in the next agenda item to be removed is to remove that with the HOA's Benson Farms HOA's approval. Remove that. replace it with this 45 foot buffer that runs the entire length of the property, including the areas to the north, which is the current agenda item item, uh, that previously didn't have that zone. So, we're going to stretch it out the whole way and then bring it down to 45 ft across the entire property. Uh, so let me let me ask you a question, Neil, right there. So, again, kind of skipping down, I understand what you're saying. There is a carved out area in there that I think it's about 10 below 10 acres, something like that. That was a two acre minimum. Yes. You want to do away with that. Right. Right. Just be all straight R1A with the 45 foot no cut buffer that you just described running the length of the entire property including that 10 acres. Correct. Correct. And and Mr. Cruz can speak to that on behalf of that. But the HOA, that's what we requ were were and we believe last night we did get HOA Densson Farms HOA's approval to proceed that way. But this is the part where I'm going to need your help. Okay. Uh where it says Densson Farms HOA asks that the restrictions be removed only if the Brierwood Development is controlled by Brandon Keel as he is who negotiated the agreement with the HOA in good faith. Should Briwood Development not continue to pursue this project, the restrictions will not be removed unless above stipulations remained intact. If all the criteria are met, Densson Farms HOA kindly asked the planning and zoning board uh to consider this motion to remove the 2acre minimum lot buffer zone that's currently in place. That's where I'm having trouble with conditioning a

reszone on an an individual on a person because there's stacks of case law that say zoning goes with the property, right? Uh and so I think if we have I I'm in principle I'm fine with that. I just don't know how you make that legal. Um I think if all these restrictions stay in place, I don't I don't think there should be an issue. No, I don't either. And I think if it if it runs with the property, correct, then this exact same restriction or agreement would be binding on subsequent purchasers. So, basically what you're doing is is you're you're getting a conditional approval which also becomes a part of the zoning there which will stick. Um you can put it in your deed. We'll put it in the deed and the covenant. We'll do both belt and suspension. So it it stays. So anybody any subsequent purchasers that comes in and tries to do anything contrary to that agreement, well that's a nogo. Sure. Or they're going to have to come back up here and ask and explain why they shouldn't be bound by the same agreement that Mr. Keel has made. Correct. So in my mind, if that's what you're proposing and that's what's agreed to and that's what's approved here today, that's what's said that runs with the property. If it transfers to somebody else, they're bound by that just like Mr. Ke is. That's that's why I was deferring. So I I don't know if there's anybody here from Benson Farms that would I mean just their attorney Mr. Cruz is here. I think Mr. Mr. Cruz would agree with what I've just said. So right. Okay. Um the second issue u Mr. lot some neighbors on the west side of the property. Um, also we're concerned about our development. Mr. Lot, did you want to address that?

Morning board. I just want to start out by saying thank you for what you do. I mean, the heartache and the headache you have here for for what you're paid is is is tremendous. So, thank you for what you do. I believe we've reached an agreement. Uh, we're going to get a uh, correct me if this, a buffer on our side for the three lots. I think I gave you all a diagram. If you'll flip over to the second page of the I got two pieces of paper. One of them has a has a little yellow mark on it. The other one has the second page has a map with a little red line. So, we've already should be uh, y'all find I mean, you know what it is, Dr. Keith Brown, but we've agreed to a a no cut buffer. Uh is it 15 foot or is it 10 10T? 10 feet. Even though Jamie is with Go ahead. So, we've agreed to within the 25 foot setbacks on running along those three properties to the west within that 25 foot setback a 10-foot no cut zone. So, it wouldn't change our setbacks or anything, but within the 25 foot setback, a 10- foot strip going the length of those three lots where no trees would be cut, no brush would be cut, no grass would be cut. It would be able to grow up and provide a almost a wooded buffer area between those properties and this one. That that really shouldn't affect our development, our ability to develop the property. Um, it gives the the property owners, Mr. Lot, and the other property owners some comfort there. separation, then we're we're okay with that. Any other questions? Yes. Yes. Same same as before deed. We'll put that in the covenants and the deed as well. So, the opposition is is in agreement.

I entertain a motion. This is on number six, but just just so the record's clean, um we'll take number six first, which is just the reasoning from R1 to R1A. Motion to approve that. I second motion to approve All in favor? Eyes have it. So it is seven. This this will be more in line with what he said explained about removing two minimum area. No cut right with the 45. And Andy, I would like to uh restate and incorporate all of my statements for item number six into the consideration of item number seven. Motion second. Motion properly second. All in favor? Eyes have it. So it is motion to close public hearing. Mr. President, Mr. Hamburg is here. Okay. Grace Chap. Good morning. Morning. Morning. I've been sitting around wondering what did I have to do with standing up here today. So I was asked to to bring something about some have something to do with u planting some trees or something. on the lot where we building this church. What was your name, sir? I'm sorry.

Hamri. Jesse. Jesse Hamick. Yes. He did ask me to bring this. He wanted to see it. So, yes. Mr. Hamburg has applied for a conditional use to the place a church. It's on Harris Road. It's right off Livingston Burnham Road. And that large sheet you have is just kind of a layout of some additional information. Any questions? No questions. I entertain a motion. Second. It's been moved properly second. All in favor? I

eyes have it. So it is motion to close public hearing. Okay. Well, thank you all. And I want to say I'm sorry for being late this morning. Who was who was the motion? All right. Amen. All in favor? Motion for uh September date the 11th. So move second. All in favor? Meetings adjourned.