Municipal Planning Commission - Regular Meeting

Father, we thank you for this day. We thank you for the many blessings you give us in life each day. Father, we just ask you to be with us tonight, Lord. And anything we say or do will be for only one purpose, Lord, and that would be to glorify your name. Go with us all now as we leave to go home tonight. Keep us in your arms and keep us safe. May we always give you the honor and glory forever and ever. In Jesus name we pray. Amen. Drew, will you lead the pledge?

Yes, sir. I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. Thank you. May be seated. If you'll do the roll call, please. Chair Moore here. Vice Chair Shriner, here. Miss Holman, Mr. Morell, Mr. Dempsey here. You have a quorum.

Okay. Um I might mention that we have a new man tonight. He's not new to the city, but Mr. Dick Dempsey is joining the our board here and we pleased to have you, Dick. Well, thank you. Oh, we got to turn it on. I can't just yell. Thank you. I appreciate it. He said he had an hour and a half speech, but I told him he can't do it. I'm going to cut it short to two seconds. I'm glad I'm here. Let's have the meeting. Let's go. All right. The minutes of the October 23rd uh minutes of that meeting. Uh let's see. Drew me. You was the only one here, I guess. Yeah. Can we Can we approve that with two?

I think we have to wait because Are the two of you you were there, too? Yeah. Okay. She was Since he wasn't here, we have to have three to approve. So, we'll have to I think the two of them can. Yeah. You think we can do it? Okay, Drew, I make a motion to move. I'll second. All in favor say I. I. So that'd be that. Do we have anybody tonight in the in the audience for public comment on the related items tonight? Do we have anybody would like to speak? One, two. Not the three, four. to open open it for public comment.

I thought I did, didn't I? Didn't I say anybody in the open? Okay, public comment on on agenda related items. He's open. Yeah. Okay. Uh, so I seen four. Is that all? Anybody else? Anyone else? There's there's an opportunity now. Opportunity now. Come on up here now. And there's no one else. I'm going to close it to the public. There's also an opportunity during each item to speak. So, if you want to wait until then, you can. You need to state your state your name and all if you will. Uh, which item you on? One or two? On one. Okay. State your name. And

uh my name is Kent Graves and I live at 412 Old Flynn Road in Gallatton. Uh, I'm here to represent I was asked to uh come by my mother and father-in-law, Nancy and Winford Bone. they're property owners that uh did she's handed me this piece of paper and asked me to read this this short letter and it's got the signatures of the people that that are her neighbors that that are around her. So, um the first item first Okay, make it brief as you can. Okay.

Okay. Uh good evening, chair and members of the planning commission. I thank you for the opportunity to speak. I represent six homeowners whose properties surround three sides of the proposed five-unit condominium development. Their concern is not opposition to growth, but whatever this project, but whether this project is simply too large for a lot that is barely able to accommodate it. When they purchased their homes, many of them years ago, they invested in a quiet residential setting with an exception exceptional expectations of peace, safety, and privacy. This development would place significant daily activity immediately against our homes. Vehicle headlights shining into their living spaces, increased noises, foot and bicycle traffic along their property lines. These are conditions they never expected and did not anticipate. Condominium ownership is by its nature brings different patterns of use than single family homes. With little open space on the lot, common areas would spill easily spill over into the neighboring properties intentionally or unintentionally. that exposure affects not only their privacy but also their safety and security. And for these reasons, we respectfully ask the committee to reject the project as currently proposed. However, if it if approved, they request uh a required 8-ft solid privacy fence on the east, west, and south sides of the property. A fully enclosed non-passable structure would help preserve privacy, reduce noise and light intrusion, and deter access onto their properties. and would allow them to retain some of the peace and enjoyment they have had in their homes for a long time. Thank you for your consideration and for weighing the impact this decision would have on the residents who already call this neighborhood home.

Sir, may I add that? May I add that to the minutes? Thank you. Okay. State. I got a question. Hold on just a minute. You can't ask right now, Dick. Okay. I just want I'll ask you later. It's small. It's mine. state your name and all please.

My name is Rick Mannon. I live at 1478 Club Circle. This uh development would back right up to my back door. Um I owned all the property that Mr. Bailey bought. My parents lived next door to me and there was two lots attached to their property. I had to sell it to um satisfy the estate. I owned the two lots next to me, behind me, next to their lots. And Mr. Bailey's son bought the house over diagonally across the backyard. Mr. Bailey approached me about buying the lots and I sold them to him. Um, with the expectation that nothing would be built there, but that's a long time ago and I understand things happen. U, Mr. Bailey and I are good friends, good neighbors. Um, I do have some concerns about this property and the development of it. Um, going to be five condos back there, three of which will back up pretty much my house. Um, there's a lot of rock on this property. There is a citymaintained storm drain that runs between Mr. Bailey's driveway and my own and has been put there probably when the neighborhood was built. I've been there 31 years and it is was there before that. It's a storm grain with a drape and probably a 12 or 14 inch concrete tile in it. Goes down, opens up to an open top concrete uh drain, goes back into a tile and then opens up into the field where these properties would be built. that drain overflows. Um, heavy rains, it overflows away. The property falls off down to 31E. There's a drain there that's more or less a natural drain that's just washed

out and it dumps water down to 31E. On the heavy rains, the water is up even with Highway 31E. Um, gentleman lives at the corner there. I believe it's lot 26 maybe that you got on your map there. I spoke with him. Um he's afraid of water problems. So am I. Um we need the storm water to be addressed properly so that it doesn't cause a problem for all of us because in your papers here it says that this would be built if it didn't basically mess with the neighborhood. Uh if we have storm water issues, we've got a problem. Um the city will have a problem because they're going to have to deal with it as well. Um also, there's a very very large amount of rock in there. I have a basement house. Mr. Bailey has a basement house. The gentleman on lock 26 has a basement house. Um blasting issues, rock removal. Um, pretty scary. Uh, Mr. Hollerman's been there blasting out at Airport Road and Jones Brothers been asking blasting up the road from us on East Main. Uh, I had broken water pipes at the foundation of my house where the ground shifted and broke water pipes. I had to get those replaced. The gentleman on the corner told me that he spent $12,000 almost $12,000 with AFS fixing his foundation in his steps. and he didn't know if it was from settlement or if it was from blasting, but all of us are adults here. None of us want blasting 50 foot from our back door. Um, we bought these houses with expectations that's probably where we're

going to live or die. Uh, most all of us in there are in our 70s or older. Um, our next move is either going to be the funeral home or the old folks home. and we can't afford to fix damage caused by something else because we're all on fixed incomes. We're all retired. Um I recently had heart issues and my next door neighbors had heart issues. Um one of the neighbors is on hospice. Uh it's just not a good situation for us to have to pay for repairs. So, if this is built, we need a guarantee that anything that's going to be damaged because of rock removal, um, storm water, whatever, is basically taken care of by this developer. Um, we don't need to have to pay those expenses out cuz basically we can't afford them. Um, these are pretty big issues when it comes to when it comes to your backyard. Nobody wants anything in their backyard, but hey, it's in mine. It's in Mr. Bailey's backyard. Um and we understand that things are going to happen and things are but even flying debris from blasting um broken windows, broken pipes, cracked foundations. Uh my house already has a wet weather spring under it u in extreme rains. We get a little water in the basement. I don't know what blasting would do. But anyway, those are our concerns. And as the other gentleman said, we need a fence around there if it is going to be built because the way the driveway would come in, I would have headlights right in my back right in my back window. And um we also none of us have insurance

that would cover somebody getting hurt on our property and suing us because there was an offense there and they come across the fence. Um also would like to know if this is property is going to have a HOA um attached to it. If it is, uh, request that one of the, um, homeowner on the street there have a seat on that HOA meeting on that board so that we could have some control as well. Thank you for your time. Thank you.

Name is Carl Bailey. I'm the property owner at the present time. Um, I'm not sure and I'm not here to dicker with his opinion on what's going to happen in the back as far as the drainage that goes down through there. We've had heavy rain all last night and today. You can walk out there right now. There is no running water, no standing water that it's an open ditch after the edge of my property that my home is on, which is not involved in this. I have a large property. Rick has a large property. Rick's house has a stand of fur trees that are probably 15 16 feet high. So, I'm not sure how he's getting headlights off of the driveway that's directly behind that. It's already eased off. Um, I would love to keep the property, but I'm 75 years old and I have finally come to the idea that I'm going to have to back off and I can't mow that kind of area. I keep it very neat, very clean. There is no leaves laying. There is no limbs laying. Uh that's just something that I take care of. I take a lot of pride in it. I would never sell that property if it was going to hurt someone around me. I would try my best not to do that. And I have by going with Mr. Johnson, who is a very reputable builder. Uh he has a good name with everybody. I don't believe he's going to build anything that's aesthetically bad to look at or bad to to be around. I just I don't believe he's that kind of man. I've seen I've actually went and looked at some of the properties and stuff that he's done. Um I really don't want to get rid of the property, like I say, but there comes a time in your life when you're going to have to do something. I'm trying to protect right now what does go in there, okay? over and above just saying I'm going but the highest bidder because I've already had guys that want to buy property and resell offer me more money the whole nine yards

than what he's trying to offer me. I just feel like what he's going to put in there is going to be a much better situation for the community as a whole being as I'm only a block away from the golf course uh which is good for people and people that would have a condo would be more likely to maybe even use that. uh those kinds of things are important to me also. I've lived there for over 20ome years now. So I want to make sure that if I sell it to someone that I don't have, you know, a gas station go right behind my home either. It's very important to me to know how this is going to be done. I trust in this guy. He talks to me straight up. He's kept every promise that he has said with the contract that we've had. That goes heavily with me. Uh I don't know any other thing uh that we can do. You know, progress is going to take place. Now, is it going to take place with a McDonald's sitting there? If are they going to turn it over to, you know, going to full scale, anything they want to put there, or are we going to go with this proposition right here to just do a partial? I think those people, as long as they're homeowners, are great. I have a problem even with the situation down on the corner. Mr. Mannon owned the properties on the corner also down there. They were sold. I'm sure it wasn't by his knowledge of knowing that what was going to happen, but then it resold right to another individual that built apartments there. We've had problems down there. There's been a lot of problems with that. That's hurt the neighborhood itself just in that line of uh buildings that are down there on the corner right now, which are tied right to Country Club Mall. It's on the very end of the mall there. So, I'm hoping that what I'm doing is going to try to protect somewhat the area and the community around about and the people there. I don't want to hurt my neighbors. I I plan to live there

till I probably die. So, this is not something I'm trying to sell out or just make a buck. If I wanted to make a buck, I would have tried to sell it to some of the guys that have walked up with cash offers that were going to buy. And then I have no control to even know what's going to go on. At least now I have some kind of a control with what I'm talking with him, what he's showing me, and the things that I'm hearing. So that's my point in essence. Thank you. All right. Thank you. Time.

Uh, good evening. My name is Brent Sher. Mr. Shiner, good to see you. It's been a long time. Um, I am the owner of the lot of 26A, which is on the corner of Reynolds and 31. Um, for a multitude of reasons, I'm completely opposed to the development of the property because I think I'm the most affected out of everyone. Um, starting with the storm drain water that Mr. Rick spoke about, um, that does run. I have videos of it, um, rushing like a overflowing, um, creek and then it pulls in the sideyard before it drains enough to run down 31. So, I have proof of videos of that happening. So, I don't know. He obviously doesn't live on my property. He doesn't see it like I do, but it does. If it rains enough for a long amount of time, it floods my yard pretty substantially. I've had it almost up to my tree line before. Um secondly, my property line is is the way it's staked out is about 10 ft off my back deck. The entry point to the the um the property where they build it would be pretty much coming right through close to my backyard. Um, an 8ft privacy fence would not do anything, wouldn't do any justice for me because my house is on a grade and the way the property is, the way it's split, the way the water runs off, um, an 8ft privacy fence wouldn't even come halfway up to the the middle of my deck the way it's built. So, my house is on a on an incline on the road. So, an 8ft privacy fence just would not cut it. Um and uh us being the youngest um family, my wife and my youngest daughter sitting there, um we don't plan to retire and live there the rest of our lives. So with the property line the way it's staked and how close it would be to my property line and building that there, that would extremely affect the resale value of my house. Um, I've put in, like he stated, I'm the one he talked about the foundation problems. Um, I put a lot of money in that house in the last couple years, um, to keep it up and resellable. And, um, just to restate my opening point, I'm completely opposed to the development of the property. Thank you.

All right. That brings us to the first thing on the agenda tonight is the resolution number 202508. Claron Homes conditional use permit. The owner and applicant request approval of a conditional use permit for dwelling multif family park for Claron homes per section 0202 020C of the Gton zodinorance on four lots totaling 1.5 acres uh in the 112th group C partials 02 03 and 04 and 05 zone R10 medium density residential district located east of Cotton Street and west of Reynolds Street. Staff report.

Good evening board members. Charlie Perry, a staff planner. As we were saying, the owner applicant is requesting conditional use permit approval for a dwelling multif family residential use on those four pieces of property that are totaling 1.15 acres. Um, the applicant proposes to construct at least five attached town home dwelling units creating the multifamily horizontal property regime use on those lots. Um, staff had some minor comments overall, but just the upkeep of the concept plan. Um this project will go to the planning commission I think in the next um submittal cycle for further review of any storm water landscape buffers and overall site design. Um the what you guys have in your staff reports is some general requirements for a conditional use permit. Um I'll just read those out here quickly so you guys know what to um look for when you make your motions. It is so designated and located if a conditional use permit shall be granted provided the board finds that it is so designated, located and proposed to be operated so that the public health, safety and welfare is protected. Number two, that the U property will not adversely affect other properties in the area where it is located. Um, number three is within the provisions of conditional uses set forth in the zoning ordinance that is section 606.020C. 020C and that it conforms to all other applicable provisions of the zoning ordinance for the district in which it is to be located. The applicant did provide architecture for this um development. As you can see, it's a uh mixture of some brick and some I believe it's Hardy board sighting materials. Um this the architecture does meet the 70% brick and stone requirement for the architecture in the R10 zoning district.

the other elevations for this and the GS plane department recommends approval of resolution 2025-00008 with seven conditions. These seven conditions will be um addressed in a future site plan submitt that will go to planning commission and there is a public comment on this item. Thank you. Any questions?

I just want to make a statement real fast. I think it's I just want to point out to everybody who came tonight that tonight is not a final it's not a final if if even if a conditional use permit gets passed it does not mean this thing's getting built next week. It still has to go through planning. So just want to make that perfectly clear over what the purpose is tonight. Um just to add to that it goes to council. Yeah, it has to go. It goes to council for a vote because they deferred it here. It goes city. No, it it wouldn't go to city council. It would go for You do something different. PL Yeah, it'll go for planning commission approval. That's what I meant. Did I say council? Yeah,

I I'm sorry. Cuz you said you said it wouldn't go in front of the planning commission. Maybe I missed it. No, he he said yeah, it's going back to the planning commission and then to the council if they approved. That's sweet.

I'm sorry. This this conditional use permit would essentially grant them the zoning rights to be able to move forward and ask for the approval of a site plan to do the units there. Um but right now because the use is allowed by conditional use permit, you all have the right have the job of determining do they meet the criteria for granting this conditional use permit and Charlie just went through those four criteria. Those are your main topics tonight to discuss. So you know you have to determine does it you know as so designate as so designed is it located and proposed to be operated so that the public health health safety and welfare will be protected and is it going to adversely affect or will it not adversely affect other properties in the area in which it's located? I think C and D are a little easier for them to meet because is it a conditional use permit type of uh use? Yes, because it is listed under the conditional uses in our ordinance. So, that one I think you could probably easily answer. And then D conforms to all applicable provisions the ordinance. that one. That's kind of a you almost have to wait and see with the future approval with the site plan. So, they'll have but the way that they've laid it out, it it appears that it shouldn't have any issues meeting regulations as far as

setbacks and and other things. So, really your your more main criteria tonight would be your A and your B, you know. and and how those might affect things. The applicant and their um engineer are present for any questions that you may have. Hey, would you read A and B again for those people? Sure.

So, talk about C and D. So, these are the two things that we have to consider. Go ahead and read it again. So uh bullet point number one uh a condition use permit shall be granted provided the board finds that the property is so designated located and proposed to be operated so that the public health safety and welfare will be protected. Bullet point two conditional use permit shall be granted provided that the board finds it will not adversely affect other property in the area of which it is located. Have you got your little pen marker? I do. Show us up there where we at the next page or

Yeah, that page. I've got some questions for the uh for the representative of the applicant when we get to that point. Yeah, I do too. Can you go back a second? One just to clarify kind of like what Jim's saying. Yeah. You see the little round circle in the top right corner of the right off of the Yes. It's right. What is that? That is the proposed location of the uh storm water um detention or retention area. Uh that may change with the site plan process, but that that's just a proposed location for it. Okay. The applicant will have a little more uh information on that.

I'll ask Kim because I if we want to take a little impact off, we could flip the three units on the road and two units against the present property if that was not an issue. The reason that's at in that spot is because of the slope of the property. It's it's got a significant slope from the back side of the property where it backs up to the neighbors behind them down to Broadway. Um it's a it's a fairly decent slope. So that's why it was put 23. You don't you don't you're not going to have your drainage water go uphill. So you put that near the bottom. Um who's representing tonight? Yeah. Andy

Andy Leath Greenley Design 114B West Main Street. Yeah. I had a question about the u the water retention that back to Mr. Sher's house. Um is that I mean I understand the water concern. I'm going to have to deal with that coming up in like two months with something that's going on near my neighborhood. So, I I totally get the concern that water retention. Is it your opinion that that would I mean, it seems like it's right behind his house. Would that possibly even help some of his drainage issues or I don't know.

Um, you know, I'll be honest with you. I mean, as stated here tonight, they already neighbors already feel like they're existing drainage issues or at least there's storm water in their backyards, which we do not deny. There's a a tree line right there is an a wet weather conveyance. There is I mean we're well aware of the drainage that's coming off Club Street or Club Circle onto the property. We know we have to deal with it. Um what I can say is that our design will do all it can do to mitigate the storm water. whether it's our issue or a pre-existing issue, you know, we're obligated to take care of what we cause an increase, but if it's all possible and lots of designs that we've done, we've tried to mitigate the effects uh that currently exist.

I mean, I I wouldn't approve a conditional use permit unless it had water retention. No, it it's going to have to with the city's requirements through the site plan process. And I will say, I know that the the gentleman at the corner doesn't like the driveway coming in where it's at. That's going to be largely dictated by T DOT where we have access. Okay.

Um we're showing it there now because that's where the current owner has probably an unpermitted access, but still has access to the highway there. Um and by putting that road there, we are going to change the drainage patterns in I feel like in a positive manner. We're going to instead of that water going into his rear yard, we're going to have to pick it up before it gets to our road and take it down to the highway, which is where it's going now, to the highway. Okay.

And and he's right, his house is extremely close to his property line. I'm sure they honored setbacks when they built it. We're limited where we're going to have access here. And these are four lots of record right now that my client is considering purchasing. I'm proposing five units. And there are four lots of record right now. So if this is denied, there's still going to be something built there. Understandable. Maybe not by my client, but but a wooden fence could be used, couldn't it? I I just spoke to him before I come up here. He's not opposed to screening with the fence. Um

could he put up a little BM to elevate the fence? I think and Mr. Rose knows my opinion on wood fencing. I'm not a fan of it. Um really not because it's a maintenance issue. I think neighbors would be displeased with it. What about a bunch of arborit trees? I much prefer um as one gentleman already said, there's one property owner already has made his own screen there with evergreens. I'd much prefer to work with staff to screen it vegetatively. If the neighbors want a wood fence, my client's willing to give a wood fence. What do you think about synthetic material? Any kind of fencing? I mean, I'm just not a fan of no plastic

of of it. I mean, it's it's a wind thing, you know, blow over. It's perpetual nightmare on maintenance. And I think Andy, you you saying

this is me personally speaking. I'm I we will do whatever this body would seem fit or whatever the neighbors want. But me personally, I would if I live there, I'd rather look in my backyard and see nice landscaping. I mean, I agree with the gentleman that came up earlier that owns property. I mean, I applaud him for working with a builder that he feels is going to do what's as best as he can and what's right. Um, and and these units, uh, where Mr. Johnson is modeling these units off of are the ones that are on OD Street that are just a few, believe it's pronounced OD Street. It's just a few uh, maybe half a mile toward Gallatin. I mean, there's one right there. And there's Well, there's triplexes on Cotton Tree just right over.

Yes. But these are these are at least going to have garages and and be Yeah, these are nice. Yeah, they look be a different product than just a straight rental project. Will they all be rentals? Um, or any of them sold as condos that would be owner occupied? That's yet to be determined. I mean, we can for we can structure it so that they could be owner occupied. That's not going to prevent I mean I've tried to be honest with you guys that's not going to prevent somebody from buying all of them even if we structure it to where they can be sold individually and this board nor anybody in the city has the ability to regulate ownership. So I know

I mean it's it it's okay to ask the question but we can't base our decision. Yeah. You can't do an HOA that says it's restricted to we would still have an HOA still be an HOA. The site plan will require an HOA. So, because another person in the audience had asked, could they have an HOA? I mean, any rental in this area now? There's a ton of rental in that area right now. There's down the street. Maybe not on is it is it Club Street that we back up to or or Club Circle? Maybe not on Club Circle that I'm aware of. I didn't go through there and check all the tax cards. I think there may be one or two properties that are not owner occupied.

There are some rental units on Cotton Street and across from Cotton Street as well. Well, I know some of the folks who live on the triplexes or live in the triplexes on Cotton Street and they've been there a long time, never had any issues, but um I guess I would just want your reassurance that the the the developer would would adhere to storm water and just be as mindful as I'll get out um of those issues and and do as much as his budget would allow for for screening. Um well and to your as far as storm water goes, he's not going to have a choice

to adhere the city's regulations on that and mitigate the storm water effects. Um the screening at the very least would be code compliant. And I don't think he would be opposed to working with staff to beef up the screening in certain areas where it makes sense, mainly to the east and the south. Um on some of those properties, still vacant lots to the west. Um, and in all actuality, I think it's been commented to provide access to some of those lots to the west. So, it seems like it'd be a matter of time before maybe some of those homes decide to develop as well. Any other question for Andy? You're going to put a decorative fence in there, not of wood or anything, but of natural material. What would you put or recommend

if natural materials? Yes. Um, so I'm I'm not wellversed on the scientific names of these things, but I think one that we've worked on that you're going to be familiar with is along 386 at the Good View Wayin Storage. Uhhuh. Those are Thuja Green Giants. Okay. Those to me have provided a very good screening. What are they? Thuja. T H U J A Thuja Green Giants. They're those would be a lot better than a fence, right? Tremendously better than a fence. It's a matter of personal opinion, but I'm giving you my personal opinion. Well, the other thing, too, is they're less vulnerable to bagworms on the arbita trees. I mean, you can have an entire row of arbid trees. Yeah. Tell us the first the first lot.

Oh, you got to come to the podium unfortunately to make a comment just out of formality. That's not You guys have to vote to allow him. Yeah, we we we can't. I'll make a motion to allow the man talk. I'll second. All in favor, Jim. I I don't It's not the right time for him to speak. Anytime's good. Oh, it's not going to give him the opportunity to later. Ryan Ryan, what he he made a motion to allow him even though it's not the time. And then Drew seconded it. So, if you ask for the vote, then they can you you all can vote to I don't agree with all asked for the vote. Okay. I I I say yes. I go ahead and state your name and address and make a comment.

The abravide trees that you're talking about, there's already a 100 foot of them from the very next road right there to the right of us. It's already coming down that same line that would go at the property edge line and they're everybody then. They're probably 15 16 ft tall right now. You state your name and address again for the Carl Bailey 1468 Club Circle. Thank you. Thank you. And of course, board, I mean, the the issue of screening, the planning commission will take that up. Um, we're we're going to screen to some degree. I don't know, um, Mr. Rose, if we get into details with that tonight, but yeah, it's

Yeah, the purpose of tonight is not to iron out details of the screening or the actual water retention. it's to voice those concerns and get them noted and simply approve or deny a conditional use permit.

Although I think those items can be part of your decision. Um because you know of the of the adverse effects that if you don't have those things, you know, you may be having to determine that it would adversely affect a property in some manner, right? So, it don't don't just not discuss it because it's part of a site plan process. Um, use this as an opportunity to determine what's the adverse effect and does it need something in order to not adversely affect some, you know, the properties.

One other quick question, Jim. Does your client own the rest of that? Who owns the rest of the property? In other words, is their intention to continue it or do you do you own it? No. No. No, I I didn't I was not trying to allude to the fact that my client was under the control of the rest of the property that it's owned by a couple of different owners. Different owners. Okay, that's

I'm just saying we're opening up the door to make it possible because it doesn't have very good road frontage on 31. It has road frontage, but if you drive by that and recall, it's a it's a rock bluff. So, this is the really the access to all of those properties in the back. The best access. Let me let me say that. Um, anybody else if they're going to access their property on their own lot, they're gonna eat up a lot of lot ch, you know, getting into that rock that's there.

Where that existing driveway is and where he's exact. That's exactly where he's proposed the driveway. That's pretty much the lowest spot on the lot to be able to get in and access that property. If you looked at it from the street or if you had had topo to see that would be your spot. Yeah. Yeah. The the other ones probably anywhere from 6 to 10 foot of rock that from the highway up to the lot drops significantly.

But to to just this board's um to answer the question, we are willing to screen the lots or screen our project. Um, if this body wants a fence, we'll give you a fence. If you want landscaping, we'll do landscaping. One more question out of curiosity, then I'll shut up. Uh, there were some concerns about blasting. If they build this on a slab, would they even have to blast? Uh, to be quite honest with you, blasting is something that is mainly controlled at the state level. I'm not even sure they could get approval to blast here. And it's not our desire to blast.

I mean, I wrote notes about a McDonald's there. I mean, it's not even zone for McDonald's, but no, that's not going to go there. Um, I mean, I deal with blasting right now. They're developing a huge farm near my neighborhood, and we've had stuff fall off the walls. I've called the state. They don't do jack about it. So, I get the blasting concern, but I don't think any blasting could take place. I I'm on this lot. I've never had a project where blasting was done this close to the homes. Yeah. Um, ho, a track con. Yes. But blasting with dynamite, no. And if that needs to be part of this vote tonight, we're willing for you to say no blasting.

Yeah, I I would only approve a conditional use permit if it had water retention, screening, no blasting. That's I can completely agree with the no blasting because I don't think we can even do it anyway if they wanted to, which they don't want to. I don't have any more questions. We have a motion. Did you approve it? No. Anyone else? There's no motion yet. No motion yet. No motion. I didn't know if it's a motion. Yes, ma'am.

Yeah. I'm open it back up to the public. So, you come up and state your name all if you will. Hi, my name is Cindy Shaw and I'm the daughter of Wentford and Nancy Vaughn that live at 1458 Club Circle Drive. Okay. One of their concerns is they own the two lots next to where they're building. They're not selling their lots. So their concerns are when they build this, what's going to happen if people that are living in these condos decide to put stuff on their lots like kids are over there playing getting rowdy or swing sets or you know how's that going to work?

Right. And another thing too, the every homeowner that signed the petition, um Mr. Bailey's own son signed the petition. He lives in one of those houses and he does not want anything built there. I just thought I'd let y'all know that. Thank you. Thank you. What else? State your name, please.

My name is Larry Shaw and I'm the son-in-law of Nancy Whipper Bond. My concern is I live out in Stonehouse in Graan View right now and turning onto 31W. You're taking your life in your own hands pretty much sometimes. What about this right here turning out into 31W? You're risking another five families turning out into it and then how many more condos are we going to build in Gallatton or town houses? I mean, they're right up the road. They're building the whole subdivision with town homes and houses. Do we need any more? A lot of people coming here from everywhere.

Yes, sir. I know. And I'm I work at Lumberyard in Portland and I see it every day and I see people moving in. But at the same time, understand what you're saying. Yeah. Well, the planning commission really has no control of that. You should go to the city council and express that because they control it where there's I was going to say definitely about the safety bit because I see it every day in the morning. Okay. Thank you. Anyone else before we vote? Quick question. Developer, that's the only lots you own, right? In that strong I mean you represent it. Yeah,

these are there are four lights right there that are currently under his due diligence. He does not own them. Mr. Bailey owns them right now. Gentlemen, those are the only two that are under due diligence. I mean, those Yeah, that what we see. Okay, you see only four? Yes. Okay. I was just making a comment that staff I think had made some statements that we may provide connectivity through this to the other lots. I mean, that's not really that what they're asking for, but planning. You don't know who owns them, do they? And what they're I mean, I know who owns them based on looking up the tax card, but I have never spoke with them. Okay. Fine. All right. No one.

No, I had a question for Andy. Just it's a kind of hypothetical, but if if that was built I mean, if that was built, that would almost landlock those other lots, wouldn't it? Kind of. Not necess I mean they still have road frontage uh and they have just as good access after this as they do now. Okay. I was they just there there are no agreements that uh that we've been able to find through deeds or any other records where those lights have access across Mr. Bailey. Okay. I just curious. Okay.

And and I mean if if I'll say this with Mr. Rosen right there. If planning staff has their way, this project will give them access or at least a joiner.

Okay. Okay. Just curious. No one else. I'm going to close it to the public. We ready to make a motion. Ready for a motion to whatever. Yeah, I'll make a motion to approve the conditional use permit with very stern contingencies that um there is ample screening um that water retention which it's city ordinance so they have to follow that. Um, and the third is is no blasting to be respectful of the

no dynamite. No dynamite. I don't I don't know if I'll also remind um the board that there were eight conditions of approval that staff recommended. Sure. And I so I would add then to to my three demands that that all of those other contingencies that the staff is requiring that those additionally be met. How many was that? I don't have my glasses, Brian. Was it seven or eight? There eight. Eight. So I I guess there'd be 11 of them then. Seven. Seven up there.

I'm looking at eight in the ordinance. I mean, I don't have my glasses. If I go deer hunting without it, I'm shooting cows. So, condition number eight is just the generic um condition that means that this will be going to the planning commission as a site plan approval. Right. So, I'm simply adding additional additional items that must be met that will still go back. So, there's my motion to approve with those contingencies. Oh, seven. It's right there on the screen in front of me. Pardon? You're adding that as a condition. Yeah. Yeah. Yeah. If there's no screening, I mean, did you write all Did you get all this, Maryanne? Yes.

Read it back to us, please. Leave out the part about my glasses. Uh, Mr. Shriner made a motion to approve the conditional use permit uh adding a condition that ample screening, water retention, and no blasting um the part of the of the approval along with the eight uh staff conditions.

Seven. And I'm sorry, in accordance in accordance with the ordinance language, it's uh there's an additional one number two that's not on the list up there on the screen that says update the site plan to list R10 as the zoning district under the site data table, buffer yards, and bulk regulations. Revise the yards to match the R10 zoning district. 25 ft in the front, 10 feet in the side, 15 ft in the rear. Update the buffer yard chart to list a 10 a type 10 buffer yard is required adjacent to R15 zoning. A type 15 buffer yard along East Broadway and type 10 buffer yards along the east and west boundaries. So, for some reason that didn't make it on the screen there, but it's in the proposed ordinary.

You need to do anything to in the proposed resolution. So, it's it's in the packet and everything. It's in the published packet that way. Um, as long as the motion includes the eight and not not the seven. Eight. Include that, Marian. Eight. And that's Can you put eight on the screen to read it? Hey, just let me scan it quickly because Yeah, there there only seven on the screen. I know. But you can't put eight up there. No, because it wasn't on the PowerPoint. Yeah. All right. that made the motion. The motion's been made. Do I have a second? I'll second it. That's why I read it in the record. Yeah, I know. All those in favor say I.

I.

So, you have your car on motion. Yes. Okay. All righty. I guess we're ready to go to item number two. Resolution number 202509 Li Lillian's Bright Star Academy conditional use permit Lillian High public the owner and appent uh owner and request approval of conditional use permit for the limited child care for Lillian's Brightar Academy per section 0802010C of the Gton zoning ordinance on 1.80 80 acre lot on the map. Commercial services district located south of Nicholls Lane and west of Southwater Avenue.

Uh good evening board members. Brad Hickman, staff planner. Hello sir.

As you were saying, this is a this is an existing building here off of Nichols Lane. Uh previous use was construction sales and service. So, um, and, uh, within CS, uh, limited child care, otherwise known as a daycare center, would require a conditional use permit in order to operate there. Um, if this body determines that it meets the criteria for a conditional use permit, it will have to go forward with a change of use site plan before the planning commission as well. Uh that will include really minor updates uh to the parking lot um to landscaping. Uh possibility of uh a sidewalk installed in the front, but no real changes to the building or plan by the applicant.

No more square feet. No, sir. Just minor changes. Correct. just uh minor changes to the property itself, landscaping, parking lot. Okay. And this does have a public hearing, so if you want to open it to the public if anyone's left that would like to speak.

I'm opening it up to the public. You state your name, Miss Kitty, and I'll when you come up, please. Kitty Dick. She's the owner. Yeah, Katherine Day and I own the property that is in question. I've had this property for approximately 40 years. Speaking Michael and closer. Yes.

It's never had a sidewalk. We don't need a sidewalk. I have shrubbery in the front. I have trees in the front. I have flowers all the way around it. And I don't want to put a hedge or anything else in the front because it would block the view of a sign that will tell what the property is. And we have done everything. I've had the parking lot stripped. I've had the repaving done. We've done everything. There's handicap parking. We've done everything that they've asked us to do except a sidewalk. And we don't need one. You're taking your life in your own hands when you walk down Nicholas Lane. and there's no traffic and racetrack is right next door. So, I don't want to cut through road going through it either because people cut cut through there all the time. So, I would appreciate it if you could approve it like it is. We've done everything that I know to do to the building to keep it nice and set up for this daycare.

Thank you, ma'am. Y'all don't got any questions? No, I I would just remind you that it all we're doing is a conditional use permit, right? Um and all this will be right in your Sorry if I misled you. I'm just giving my overview of what would be the In your opinion, will the lady that's running the daycare offer good affordable daycare? Yes. In this town? Okay. Definitely. That's a good thing. We need that. Yeah. She is excellent. She has run another daycare for a lot of years. Okay, good. Mention any other names, but I mean she's excellent. She knows what she's doing. That's what I like to hear. Good deal. Thank you. Okay, thank you.

Any other question? Seeing nobody else, I guess I'm ready to entertain a motion. It closes the public hearing first. Yeah, closes the public, I thought. and then uh hear from the applicant. Huh? Applicant. I don't have any questions for him. No questions. Do Do you want to hear from the applicant? Does anyone wish to hear from the applicant? I don't need to. Give me a second. I had a question. I was out there and I can't remember it now. Wasn't significant. Never mind.

Any question, Andy? Well, we'd have to bring him up if we had a question for him. Yeah. All right. If that's the case, I'll make a motion to approve the conditional use permit based on item A. Um, I don't see that this is going to have any detriment to public health, safety, or welfare. If anything, I think it's going to be a benefit to our town to have a good uh daycare operating there. So, I'll make a motion to approve the conditional use permit. I'll second. Motion been made and second. All those in favor say I.

I oppose. So we have that motion carried too. Thank you so much everyone. Uh quick two or three things here. Is any other business? Brian, you have anything?

We do not have any other business other than just be aware the next time we meet we will have uh officer voting again. So of course uh you should also have I guess a calendar. I um you know that that got attached to your packets. So that'll be your schedule for meetings next year. Um we've already published that. So uh that's if if there are any future needs to change those dates, then we'll have to republish a notice for those. But uh we don't anticipate that. So, um, that's pretty much it for other business, I think.

I'm hungry. I'll make a motion to adjurnn. Motion been made. We stand ajourned.