Planning Commission - Regular Meeting

Okay, everyone. I'm going to call it to order. Thank you for being here. I'll start tonight with a prayer. Since I didn't ask anybody, I won't put you on the spot. I'll do it. Please bow, everybody. Dear Lord, thank you so very much for our blessings. Thank you for everything that you've done for us. Be with us tonight as we have to make decisions for the city of Hendersonville. Guide us. Help us to do what's the right thing for the people that live here and for the city itself. Lord, watch over us during this Christmas season. Let all of us keep uh what's important in mind and and keep that in our focus. We pray for this and everything that you bless us with all this in Jesus name. Amen. So public com Oh, I'm sorry. Roll call. So we can do the roll call.

Yes, sir. Altizer here. Evans here. Hardwick here. Hasty here. Kerr. Wessle here. Martin here. Silkwood. Slatterie. That's eight present, one absent. Thank you. Next on the agenda is public comment agenda items only. And we have one person on the list. Her name is Susan Stone. Will you come up and announce yourself? Tell us your address, too. Yeah. Hold on. I will turn that on for you. There you go.

Okay. Hi, my name is Susan Stone and I live at 100 Coach Light Court in Hendersonville and I live in the house that is basically to the side across the street from um one of your other items under number nine in Manser Farms. Okay.

Which is the setback deviation of I guess it's 124 Manorway. It's I'm I'm on the corner there across from me. Okay. So, that property has actually been under construction for well over four years, if you're familiar with it. Um, I've heard it for four entire years. Um, and when it initially requested um a variation on the setback for the backyard, I I agreed that that was okay because I realize that's a steep hill that we're on. Um, I just want to explain that I worked for the city of Gallatin planning department for a while and so I guess I just know enough to know that it's okay to ask questions and bring up things to people. Um, but they're asking for and I realize that this went into foreclosure and it's been purchased by somebody else in the hopes that all these uh changes will be approved after the fact, but I don't agree that that's okay. Um, the rest of us who built on those hills knew what the rules were and we followed the rules and we built on the the area that we were allowed to build on. And that house is huge and the yard is not attractive at all the way they have it um all the work done on it. Um, and I guess I will just add I have a picture that I took from the inside of my house while the house was actually under construction. And this has to do with codes, not planning, but um when they originally poured the foundation for it, it was poured concrete and then that builder um had put the property over the line. And so when it was um inspected, at some point somebody finally said, "Okay, you're over too far. You can't build the house this big." So they cut it off and they built that side, rebuilt that side with cinder block. And I have a picture

from the inside of my house, which is like two to 30 hundred feet away from that house, where the front poured concrete and the cinder block, they're not even attached. And you can see that there's a gap between the front and the side. Sorry about that. From my house. So I don't know why codes didn't catch that when they inspected it again. But that would also be something that should be concerning about about the safety of that house. Um, but again, um, I did initially say that I agreed with the setbacks, the requests that they made to make that a a variance. I don't agree with the setback requests that they're requesting. Now, I've lived there for six years and it's been under construction for over four. You have any questions for me?

No, ma'am. Thank you.

Was there anybody else that came to speak that didn't get the opportunity? All right. Thank you. We'll move on. Next is the acceptance of the agenda. And I need to make sure everybody's aware on the acceptance. We're going to have this deferral issue. Uh the deferral is related to, let me see, Uh it is number eight development plans on our item or on our agenda. The people are stuck with either snowstorms and their lead person is also having some health issues. So they're not going to be able to speak or be here tonight to talk to us about it. So I'm going to I guess we need to have a motion to take this from the agenda. Is that correct?

Uh yeah, we could just uh one of the things, Mr. chairman, we could do if the if the uh commission approves uh is in accepting the agenda is noting that that item would be deferred until the January uh planning commission meeting at at the request of the applicant. Right. So, if anybody will offer the motion, I would appreciate it. Okay, we have a motion. We have a second. Uh can I do this? Yeah, that's okay. So, all say all in favor say I.

Anybody opposed? Thank you. It passes. Next is the minutes from last month, November 4th. I'm sure everyone has had time to read through that. Do I have a motion to accept? Do I have a second? All in favor say I.

Any opposed? All right. Thank you. That passes. All right. Next, we're on the consent agenda. So we will all of these have been accepted by our motion. All of them have been agreed to by the applicants. There's nothing outstanding. So we can agree to group these and accept them as a single motion and move on. Or do any of you have discussion points? Oh, I'm sorry. I don't want to take it off. I just have a couple of questions. Go right ahead. So on the Valley Creek subdivision,

I'm assuming all the flooding over there, did those lots typically flood or they how does that work? Uh I I will let public works address address that this actually at that intersection is that intersection that we're doing that major transportation improvement project of the whole intersection. So there is flooding issues. Uh, I believe these particular the where the houses are being constructed are out of the flood plane, but I'll let I'll let Trey address that.

Before you answer that, I know at some point that area the road is going to need to be widened and are there setbacks in here that will allow that to happen. And that's the only question that I had. So to answer your last question first, um the property lines you see do reflect the acquired ride ofway u the rightway that was acquired for that intersection improvement that uh director free referred to. Um with that project the the intersection will be raised a few feet. So, as part of that, we've had to do um go through the clo process where we revised the flood plane mapping in that area. So, a small portion of lot one will remain in zone AE, one of the flood plane hazard zones, but for the most part, it's it's being raised out of the flood plane. And the the other piece that that's an old farmtomarket road through there. So I'm assuming at some point it's going to get widened and brought up to today's road standards with curb and gutter etc. Do we have easements in there for all that to happen and and are we required to have that?

Are you referring to stop 30 road? Uh yes. Okay. That that's part of the improvement. I believe a portion of that road will be widened. Um, I do not recall how they're handling drainage in that plan, but I I can assure you that's been accounted for. Okay. Any other commissioners? I'm sorry. Go ahead, Carl.

So, I've got a couple questions. Um, I live really close to this, so I mean, I'm talking about quarter of a mile close to this. So, I know I know what how it floods, what it looks like, how often it does flood. Uh, and I I hear you on the flood study and all that, but when I look at this roundabout at the end of the road, and maybe it's just the way it's designed, that looks pretty close to the edge of the of the existing road. And if my memory serves me correctly, that water gets up in that area when it floods from Drake's Creek. So, is that just a design when I look at the the plat here, is it just close because it's drawn that way or is it going to be that close to the edge of Brakes Creek Road?

Uh, it likely will be pretty close, if not right up in the flood plane area. Um these each of these lots will be required to have a minimum FFE a finished floor elevation that is set 2 feet above the uh the map flood plane elevation in that area. And then um that road will be privately maintained as well is is something what standards uh when you say privately maintained what standards are they do they have to meet if it's a privately maintained road or do they have any standards? Uh they still have to meet Hendersonville uh road standards. Okay.

Uh second maybe second or third question actually. That area between stop 30 and that new I guess subdivision only road. That area there what is going to go there? Is it existing? So there is you going to put trees or what? Well, there is an existing stream that is going to be rerouted as part of that intersection improvement process. Um, it'll actually be restored and rerouted. There will be some native plantings um kind of in the stream buffer area, but that is that is largely out of their uh limits of the property.

That that stream is is dry about threequarters of the year. So, there's not much water there and it's only uh runoff water when it is. So, um, so I guess just the the look from stop 30 to that small section between that and that new road. I mean, is there going to be any required other than the buildup and all that, any required landscaping, any any um required changes or additions to the greenery, the trees, anything? Uh, no sir, not with this project. I mean, what happened? Who maintains that piece of property?

But that is in a city of Hendersonville right away. Okay. Now it is. And how wide is that? It varies. There's not a constant width. Give me a range. I do not know that off the top of my head, but I can I can look into that for you.

Okay. And then last question. this uh going on to I guess that's spear point that section as I read the plan it part of that or big section of that is in TVA property or there is uh they will need to get concurrence with uh TV with the TVA to make sure that what they're planning to do in that easement is is okay with them and as you can see the uh the biddable area of that lot is is not within that TVA easement. Got it. What What is that going to look like? That corner that's going to be sectioned off. We We can't really say at this time with with any certainty. Um,

you know, that that may be a better better question for the developer. Are they here?

Do you mind? Hi, CJ Merl with 615 design group representing the developer. To answer your question with TVA, Trey is right. We will have to go through a uh a review and approval process with them which is through the form of a of a submitt online through their portal. Um really the main thing you can we can plant it, we can put landscaping in it, we can we just can't put any buildings or structures in TVA easement. So, at this time with this just being a preliminary plat and not construction documents, we we don't have it's not a requirement to show necessarily anything there, but with it being the front of the subdivision that they pull in, likely there will be some form of landscaping place there.

And that's who maintains that Hendersonville. That would No, that would be that is on property. So, it' be uh the either the owner of the lot or if it's in common open space, it would be the HOA. Okay. So, there is going to be an HOA. Yeah, we have to we have to have one. Okay.

Because there's going to be a uh common storm water. Uh so you asked a question earlier about what happens between that road and our property line. Uh we have plans to put a what's called a water quality swell in between there to to act as our as our storm water treatment area. And that'll have various plantings in it uh and whatnot between the proposed access drive and the property line. And then as Trey mentioned, as part of the widening project of Stop 30 and the intersection, uh they are going to be rerouting the stream. And then there is proposed plantings that occur back in the buffer on the north side of the stream. Where would you reroute that stream?

Uh it it's all going to it it's basically going to be dependent on the construction documents that that uh they have in place for for the road. Ultimately, it's going to come down to tiebacks from the edge, the proposed edge of pavement back to the uh top of bank of the stream. With the widening, it's going to be too close to the stream. So, they have to just shift the stream over a little bit. There's enough fall from Spear Point to where they're going under uh Drake's Creek. Um but it it is going to be a a fairly extensive improvement to that intersection and and the roadway. Got it. Got it. That's helpful. Thank you. Yes, sir. Don't don't leave yet. Yes, sir.

Go ahead.

So, you being the developer, I'm I'm assuming you would know what is planning to happen to stop 30 road and how far back is it going to be widened? Because I am truly concerned that that road is all of those farms back there over the next 10, 15, 20 years get developed. That road's going to need to be a true modern road, not a farmtomarket road. It's going to need left turn lanes and it's going to need a lot of improvement. And is there enough room between what's there and your your road for all of that to happen because that that's going to be a a big improvement when that road has to be brought up to today's standards.

Yeah, understood. Um, so to answer your question, there has already been construction documents created for the widening of stop 30 at this intersection and back to pretty much the improvement that occurs here at the intersection and the widening of stop road pretty much goes all the way to Spearpoint Road or Spareoint Drive. Uh, any widening further east, I I am not aware of that at this time. I know I know over time uh it will likely widen. Yes. Um, but there has already been rightway taken from this property to go towards that improvement plan for the city. And I believe Trey, correct me if I'm wrong, but they're also working with T DOT uh as well on that improvement plan for the intersection.

So, do we know I assume if construction drawings have been done, what is the widening going to look like? I mean, is it going to have turned lanes? Is what what what is all that going to look like? And again, I I I love the project. I want to see you do the project. I just want to make sure we have plenty of room for that road today as well as 10 or 20 years in the future.

So, uh you know, currently to to preface my answer a little bit, we get a lot of complaints about um extended weight times at the intersection. And a lot of that is due to the intersection geometry. It's such a small intersection and there's so many demand for the different turn movements that the opposing left turn lanes cannot be activated at the same time. So, what this is doing is it's widening that intersection uh extensively and that that's going to uh leave room for I believe a left turn lane and a right turn lane on on that stop 30 approach. And then I think there's going to be some lane shifts that accompany that. So, it's as CJ said, it's a pretty substantial improvement.

Yeah. The the improvement at the intersection is very significant. So, what I'm hearing is that if you're on stop 30 and you're going onto Drake's Creek, there's going to be at least three lanes there. A left or right is going straight onto crossing Drake's Creek and continuing on to stop 30. Yes, sir. Okay. One other question. Go ahead.

So, this is for staff. Quick question and I know this is a preliminary uh reading of this and I I've got concerns about the flood part of this. I'd like to see that actual study and I know you know we'll see something but I wanted to get a commitment that we'll see a comprehensive review of of the flood flood concerns there.

Yeah, that that will happen. This is the preliminary. So, uh, other than what the city's already done for that intersection, uh, all of the, uh, engineering that'll be done on this will be once the preliminary plat is approved, then they'll do the construction plans. And the construction plans don't go to the planning commission. Uh, we handle those with staff. And as far as the, uh, drainage and all of that engineering stuff, uh, that'll be something that public works will look at. Then once once they complete their construction plans, which checks all those boxes off about flooding and and all that, so we'll we'll be in a position the next time we see it to Yeah. You'll see and ask more questions.

You'll see it at the final plat. And when it when it uh they can't submit a final plat until we've approved the construction plans. So by the time the final plat comes to this body, uh all those things will will have been done. Gotcha. Thank you.

And all those questions should be able to be answered at that time. And and and sometimes sometimes it may not happen with this, but sometimes the preliminary plant may lay this out like this. Uh but then when they do the actual engineering, they find uh you know, we've got some things to overcome. Uh and we might not be able to yield as many lights or or something's going to have to move. Uh so oftent times that does happen in between the preliminary plat uh and the uh and the final plat. And this piece of property, I I'll just, you know, remind the, uh, the planning commission, uh, uh, this is something here over the last year and a half that we looked at on this whole stop 30 future land use plan. So this area what's happening here even though you know it's understandable that it's like uh is that really you know looking at it as you see it as it's developing it is acre lots but you know the way it kind of is laid out there uh you know might make you kind of pause but we have been through the process that you know from a community standpoint the future land use you know has been identified as as this versus office or or some kind of small commercial or or something of that nature. Uh and so this is this is what it's ended up yielding. But they are uh they are acre acre lots. And one of the reasons for the roadway in the front the way that it is uh is that um the staff with the road and major road improvement we're doing at that intersection. We're not comfortable with allowing individual driveways off of uh off of Stop 30. And so that's kind of the way that it's that it's lining up there. Now, uh, and typically where where we've worked out for them to have that access that close to Spear Point, I mean, typically we might not necessarily allow that to be

that close, but the tradeoff so that we don't have anything coming off of of stop 30 is is kind of trying to do the the balance there as public works is, you know, looking at where those things can can uh can be allowed to. But I just kind of wanted to to share that because we've we've looked at this area here pretty intensely over the last couple of years trying to envision what the future is going to going to be for the area.

Any other commissioners have questions, comments? You also have a second agenda item on the consent agenda. Any questions? Anything about Curtis Crossroads final plat? All right. If not, I'll entertain a motion. Have a motion. Do I have a second? All right, we'll do this by electronic. Motion to approve. Pass with eight yeses.

Thank you very much. All right. The next item is the con concept plan by Hendersonville parks 2025 LPRF grant concept plan owner city of Hendersonville location. It's multiple spots and the leading lead planning person is Timothy. You want to tell us about that?

Uh thank you chairman. So, uh, this is a similar request to one that y'all saw, uh, late last year, beginning of this year, I believe, uh, for a a grant, LPRF grant for, I believe it was for Heritage Park. Um, and the reason this is coming before y'all as in the Heritage Park concept plan is in order to apply for these grants, uh, one of the one of the particular grant requirements is that the planning commission has has approved the plan. Um, so this uh this this is a set of plans. I believe it's six different um areas within our park systems. uh with a range of improvements that will that will be the subject of the grant application. And those improvements range from uh repaving, improving parking lots, replacing bathrooms, restrooms, concession facilities, um turf infields for the for the ball fields. Um, so a lot of different projects uh that will represent significant improvements to our park system. And Andy Gilly, the parks director, is here to answer any uh particular questions you may have about these projects.

Thank you, Timothy. Director Gilly, would you like to come up and tell us about it or share any insight? I can or I can answer questions, however you'd like me to do. you uh does anybody up here have a direct question? Anything you want? I can read you the list if you want me to. Well, we they were flashing it up here in front of us. Okay. So, I think everybody's had a chance here to see it. Anything any comments? You want to brag about anything, Gil? I mean, you you've done a great job at the parks. Our park system is awesome. So,

we were we're one of the few cities in the state to um have two of these grants open at the same time. And um th this round they open up rounds of these things every every year that the governor has funded it. And this round we got the most money for 2025. 3.5 million I think is the number. Um of most pertinance to to you, Mr. Chairman, we're going to replace that concession stand at the main quad at Drakekes Creek Park. Good. That uh actually was paid for 50 years ago by an LPRF grant.

Yep. That's how long it's been there. So, that's one of them. Uh, we're going to do some more paving at Drake's Creek Park. Uh, we're going to put an inclusive playground at Sanders Ferry Park. The the first one at the top when you come in to the right, right?

And just just just so everybody understands when we talk about these inclusive playgrounds, Mary's Magical Place cost $1.6 million in 2018. We're budgeting around 750,000 for one in 2025. So, I want everybody to understand this is not going to be Mary's place at Heritage Park or at Sanders Ferry, but it's going to be a place where anybody that's in a wheelchair can come and enjoy the park or people with sensory issues can come and have a playground that that they can um go to that's not Mary's. Mary's is like Yogi Bear said, it's uh it's so crowded nobody goes there sometimes. Um we're going to update our parks master plan. We're going to pave all of Veterans Park, which if you've been there recently for Pigfest or any of our other ball games or anything that is in dire need of of paving. Uh we're going to pave the rugby parking lot, which is something that we committed to do when we when this commission approved the rugby fields. The city committed to paving the parking lot a few years ago. Well, now we're going to fulfill that. And we're going to I think you saw that picture. We're going to replace the boat dock and ramp at Mard Point. It will not be to the scale of uh Sanders Ferry that we have right now, but it is a much needed improvement and paving there at Mard Point is much needed. There are a few projects that were not in the scope of the grant that we're doing with the sales tax money such as LED lights and turf fields. So, we're we're blessed to be able to get this money. Um thanks to you all for always approving these plans and our board of mayor and alderman for funding them. And then we have I can since I'm on TV for just a second for 12 people that are watching uh we have a great elected delegation that has really supported these grant applications all the way to the governor's desk. So that that I don't know that everybody understands how critical those

relationships are as we apply for these things. So appreciate y'all giving this consideration. It is part of the requirement. You have to bless the scope of all these projects. really probably the only one that might come back before you all is the concession stand project. Okay. I don't think repaving a parking lot or replacing a boat ramp is going to necessarily come back here. So, well, yeah. Go ahead. Yeah. Director Gilly, uh, is is there anything beyond the scope of what we have here? Is there anything that's come up since you had submitted this that you'd like to include as well? No, sir. Not not at this time. The

Okay. what what we've applied for and and what we got is kind of that's what we're getting at at this point. And I I like I said, the I do think the the concession stand is a rebuild, but we may do some things out in that little area that may require to come back here. And I think y'all will probably want to bless the the materials that we use and the other things that we that we do at that site. So, we're going to probably have to use the same footprint because it's up on a hill and we don't we don't want to change that. Right. Commissioner Silkwood, you have questions. Yes. Thank you for being here tonight and I just wanted to say congrats on getting the grant.

All these projects are really much needed in our park system. Um, and I know you and your staff work really hard on all of this. So, I appreciate it. Yes, ma'am. Thank you, Commissioner Kerr. Yes. And thank you. That that's a that's a big win for for the city. Yes, sir. On the on the rugby field. Mhm. You said you're going to pave the parking lot and I have go out there quite a bit. I've got a grandson that's out there a lot and there's a makeshift parking lot on the back side. It's all grass, correct? Does that include that? No, sir. It does not. No, sir. Not at this time. Um, this is just paving the entry and the current the gravel part of it. Yes, sir. Okay. Okay. Thank you. Any other commissioners?

Is there is just a question for me to educate me. Is that a a parking lot that we technically can use the grass part of it? I mean, is it I know going in there's always sunken. It's got a lot of water, mud, and all that, but any thought about building that small area up where you come in and out off Drakes Creek Road, or that's not Drake's Creek Road. I think part of this grant in the master planning part of it, you will see kind of an overall site master plan, not a site plan, but a master plan

for the property across the creek. and maybe this little area. Um, in the past we've talked about hopefully one day using that for practice fields. Uh, we we're right now having to use it for overflow parking. Um, we were kind of hoping one day that when the the Avant property developed that we would get more parking which would allow us to not park in this little area, but I don't know that that development is going to happen and then we'll get part of that. So, that's kind of obviously influx. Y'all dealt with that proposal here and at the Bulma level also. Um so for now we're probably just going to park in the grass. Got

um that's in a flood plane also. So adding asphalt to that could be a that's above my pay grade a little bit but that could be a tricky proposition also. Right. Thank you. Yes, sir. All right. Thank you. Yes, sir. We appreciate it. All right. I'll entertain a motion. Do I hear? I have a motion. Do I have a second? All right. We'll do this one electronically. Motion to approve pass with eight yeses.

Thank you, Zach. All right. Next on the agenda is the development plans. TBM Millennia Cottages. We agreed to pull that off at the uh request of the applicant and it will be deferred till next month all likelihood. All right. So now we'll skip down to number nine on the agenda item. It is Cherokee Woods section 6 lot 12 setback deviation final plat owner John Collins location 112 Lake Terrace Drive lead planning is Zachary Coleman. Would you like to tell us about it?

Yes sir. Um so the applicant Bossco Builder Inc. on behalf of the property owner has requested a setback deviation to allow the construction of a new home on the property uh to replace an existing home damaged by fire. Uh the approximately 64 acre property is located at 112 Lake Terrace Drive in the Cherokee Woods subdivision uh which is zoned uh SR1. Uh the current zoning in SR1 calls for a 30foot minimum front setback while the property is platted currently for a 60oot front setback. Uh, the applicant is requesting a deviation of 10 feet from the platted setback to allow for a 50- foot front setback. That's it. That's it. Pretty cut and dry.

Yes, sir. Any questions? Anyone? I might explain something. Okay, Director Free.

Yeah, I kind of want to explain with this one and I'll explain with the next one as well. Uh, this one, uh, we haven't had a lot of setback deviations. we have here over the last year had a few of these, but I just wanted to remind the uh planning commission that uh typically variances go before our board of zoning appeals. Uh but what we realized a few years ago uh is that is that the board of zoning appeals uh is appealing things that are within the zoning ordinance. But to appeal something that's within the subdivision regulations, it has to come before the planning commission. And then that's why this is so in this instance here the the zoning setback is 30 feet but the platted setback is 60 feet. So any reduction into that 60 foot that doesn't get to 30 comes to the planning commission. But if they were asking for uh a reduction from the 30 foot set back to like 28 foot or something then that would go to the board of zoning appeals. So, it's kind of confusing, but I just wanted to to clarify that uh because sometimes you'll be looking at this and thinking why why didn't this go to the board of zoning appeals for a variance because what why are we calling a deviation? So, I just kind of wanted to explain that to the planning commission.

All right. And just to make sure everybody knows the abundant agreed to everything. So, any questions from anyone other than that, I'll entertain a motion. We have a motion. We have a second. Second. We have a second. Uh we'll do this by electronic vote also.

Motion to approve pass with eight yeses. Thank you. All right. Next on the agenda is Manser Farms phase 18 set uh section one setback deviation final plat owner John Wilkinson location 124 Manor Way parcel 1144 I20.0 and this one is Caitlyn's.

Thank you chairman. The applicant Wilson Bank and Trust is requesting multiple deviations for the property located at 124 Manor Way. Uh the parcel is part of the Mansker Farms uh plan development phase 18 section one. The Manser Farms plan development has a required minimum building setback uh of 30 in the front. It's five on the side and 10 in the rear and a required maximum lot coverage allowance of 30%. The lot coverage is a portion of the lot that is occupied by strictly buildings or structures including accessory structures expressed as a percentage of the total lot area. The properties to the west and the south of the project subject parcel are currently undeveloped. to the east. The property falls within phase 19 section 1A of the Mansker Farms uh development which is actively under construction. Immediately beyond this property to the east, the area along the road is designated as open space. Just to give a little bit of history, this property did go to the board of zoning appeals um in 2021 under the original owner and builder. Um and the bank who is now the current owner is trying to rectify some of the construction errors that were made by the previous owner. Some of the variances that the B BZA granted were a variance reducing the rear building setback from 10 feet to n 7.9 ft for the main residence. A the next variance was reducing the setback for a retaining wall over 5t tall from 5t to 1 foot with the

stipulation that the footers could not trespass onto an adjacent property. The other the last variance that was requested and received was increasing the maximum lock coverage from 30% to 38%. Since 2021, as the director mentioned, um staff has determined that since the property lies within a plan development, it any further changes or deviations is required to come before you um and be approved by the planning commission. As you can see on the screen, the existing conditions of the property. Um the first deviation that is being requested is the front setback and that is to allow the front building wall to encroach 1.8 ft over the required front setback of 30 feet which would make the new front setback 28.2. The second setback encroachment would be to the right side to allow the right building wall to encroach 23 feet which would make the setback 4.77 ft. The rear setback would be they're requesting the rear setback to be changed um to encroach 1.9 feet over the previously amended rear setback of 7.9 by the board zoning appeals which would establish the new building setback of six feet for the rear. The next the accessory encroachments you have the HVAC unit which per the zoning ordinance is allowed to encroach up to 70% um 70% would have of the required 5-ft setback would be 3 and 1/2 ft. The new encroachment for the HVAC would be at 80% with one foot from the property line.

the retaining wall um in the in the front. Um the they're requesting to allow a retaining wall over five feet in height to be placed along the property line and the driveway which is being reconstructed um instead of the 5 foot separation distance that's required by the zoning ordinance. Um the applicant has provided two waiver request documentation on the lot coverage. The manser farm has the lot coverage percentage at 30%. They were granted 38% by the board of zoning appeals. They are currently at 40%. So they requesting a 2% variance as well for the increase. Let's see. They will be required to uh re on when they correct the driveway, they'll have to remove the existing driveway and reestablish curb and sidewalk. And I believe that's all I have. That was a mouthful, Kaylin. That was a lot. All right. So, planning commissioners, any questions? I'm sure there are some. And if you would like, we can get the applicant up here if you want to ask them in particular what's your desires. Applicant, go ahead and step up if you don't mind. My name is Zach Wilkinson with Cornerstone Development Services. Um, like Caitlyn said, there's a lot going on with this.

There's a lot going on with this.

Um, not to not get too far in the weeds with the history where we're at at this point. Everything out there is is built. Um, the bank has employed us to come up with a plan to try to alleviate as many of the uh issues that there are. And so we have submitted a a essentially a site planning grading plan where we're going to be revising the existing driveway, tearing out some of the existing walls and and removing as many of the encroachments um that we can. There is a rear wall that's actually over the property line, removing that, relocating that to where it meets um the zoning standards. And so the items, believe it or not, there's even more issues than were mentioned and or that that are being requested. Uh but we are the plan that we've put together addresses many of those items. But the ones that we are requesting a uh not a variance, but a deviation on are the ones listed um tonight. And the reason and we can go through individually each one of those why we uh are requesting those deviations rather than they're they're not simple fixes and we feel like by fixing them we will actually probably make the end product of that house a less desirable product for the whole neighborhood. Um so our goal is tonight and the bank's goal is um as Miss Stone mentioned earlier this thing's been going on for a long time. Um the neighborhood has expressed lots of uh understandably uh unhappiness over just the length that this thing's been strung out. Um want to reiterate the parties that are involved now had nothing to do with what was built. Um so we're just in here trying to clean it up and take care of it as quickly. um and

not not necessarily quickly, but trying to do it in a way that the finished product is um aesthetically pleasing to the neighborhood and that that we can um given all of the existing kind of constraints and circumstances that are out there. Um be happy to answer any questions over any of those specific requests and answer them the best that I can. Commissioner Hasty looked like somebody just tried to overbuild on a lot and instead of asking for permission, you're really asking for forgiveness, right?

Yes, sir. Definitely. They they not only overbuilt, but they did not build um very well as far as they obviously didn't get it surveyed. They're they they got outside of their setbacks. So, yes. Yeah, there's no arguing for that. Yeah. And I I I wish Beth Longmire was here. She'd give you a good lesson in asking for variances. You know, we got rules for a reason. And uh the gentleman in Cherokee, he at least asked on the front end. You know, it'd been good if we could have gotten some of these issues resolved on the front end. The Board of Zoning Appeals has already done you a favor. you know, and I think tearing it down, starting over is probably a waste. But my biggest question is, what kind of assurance can the neighborhood have if we grant these deviations that you're not going to be back here four year, four four more years still digging and scooting, tearing up concrete, pouring concrete. You know, if we're going to fix it, we need to get it done to the benefit of these neighbors timely and in an a the aesthetically manner. Kind of assurance can we get that that'll happen?

Um, of course, me personally, I cannot give that assurance. I can tell you it is a new owner and the current owner which is the bank. It is now their property, not by their desire necessarily, but it is their problem to fix. And I can tell you the conversations I've had with them. They've been they want to do whatever they can to just get this thing fixed in the way as correctly if that's possible um that they can. You say they that's the bank. Yes, sir. the the the the per the owner that previous owner that did all this is no longer in the picture. Um well, the bank's not going to do anything until they sell it.

Well, I don't they I think they're in the position they don't feel like they can sell it unless they correct I think there's been a lot of conversations with city staff um and everybody's very well aware that because nobody's lived in this house yet. Um there's not been a CO issued is that I'm aware. So before they can sell it, they got to get a CO. And it's my understanding, city's probably not going to issue a CO until this stuff is cleaned up. So I guess the assurance that nothing else um that will will be done that's outside of uh what's approved is that the city's not going to issue a CO at that point. Um this thing's on everybody's radar. It would be the other understand you're working for a client. You didn't create this monstrosity, but uh I mean, I don't know what you do to fix the mess other than maybe go ahead and say, "All right, we'll grant you a few, but we want some assurance that it's going to get fixed." And the bank's not going to sit on it there for two more years until they get somebody's willing to put enough money in it to fix it that they can get their money out of it. So,

I will say they have employed a general contractor that I'm working with closely as we put together this proposed kind of redesign. Um, so I think that hopefully shows that they're serious about doing something. They've already employed the general contractor to fix it. It's just a matter of they're not going to do anything else until they get the the proper approvals. Um, is there a vehicle where we can put a time limit on our approval?

Probably not. Um, yeah. Pro probably not. I don't know that we can condition the deviation. Um, no, I don't I don't believe I don't believe I don't believe we could that that I'm aware of. Are you, Timothy? I'm not aware of that. Okay. The bank would be open to that I believe if that but I know that there's limitations on what you can actually require. Commissioner Kerr questions.

Yeah, similar to uh Commissioner Hasty and it sounds I mean you look at this laundry list of things. I mean it's it's a lot. I mean and I would hate to be a neighbor out there having to look at this every day. Um, so in terms of the assurance question, and I know you're not in a position to give that, would the bank or representative of the bank um would they be in a position to to give this commission an assurance? And the second part of the question that Commissioner Hasty said is, can we get, you know, some of them done? I mean, in my opinion, we need to get them all done. Um but and and the way I kind of look at this is is there a most critical and a least critical deviation that we can start to look and understand how critical those are. I'm not a builder, right? I'm CPA by trade. So I I don't build. Um but I look at the numbers. It it seems to me that we got so many that we need to understand the real important ones and the ones that are minor deviations that can be taken care of. And the citizen that talked about the the difference in a retainer, that's a problem to me. It's a structural problem. Um, so I'm not I'm not going to be able to support this tonight in in its current form, but I would like to understand um some type of report that shows us how critical some are. And and then secondly, uh the assurance that Commissioner Hasty talked about, you can't give it and unless I hear it, I don't know that I could vote for it. Um so that's more of a question for the chairman and how we look at this. I think um do we want to give him some

time to go back and sharp his pencil a little bit, get the bank involved to give some assurances? Um well, and that's a question. So, well, I'm going to and Kaitlin, I don't want to speak for you, but in looking at what your summary is of this, most of this is done and they're just basically asking for forgiveness. Correct. Some of the work has not been done. So the most of these encroachments the encroachments yes they have been they have been done. Yes. And you can't undo it unless you pull the house the building or the structures out. Correct. So that answers one of your questions Todd.

Okay. So then the next thing and it's sort of hitting on what Charles said. If we don't agree to it then their other alternative is pretty much it'll just stand there like a ghost building or tear it down. So, and when I was told about this, I asked the question, is this a tear down because that's I didn't see many other alternatives other than we grant these allowances. Now, the thing is, how marketable, how sellable is it? You know, you got a lot of structure taking up most of the property, but if it's just going to stand there, I mean, we we've done nothing to improve the process. Understood.

We've just rubber stamped it. And so to me, there's got to be some enforcement, some not punitive is not the right word, but you can't come back and just ask for forgiveness if you didn't ask for permission. I mean, and I know uh Commissioner Hasty's a an architect. He he's done this before. I would tear it down and start over if it were me, but that's just me. Uh, but I I I hear you and some of that's been done, but I still don't understand, you know, how it's going to fix the problem if you've encroached and you you can't fix some of these variances. And I don't understand how critical some of those are versus how uncritical or non-critical they Caitlyn, maybe you and I can work offline on that. You can update me on that. I'm happy to do a three-way with you guys so you can educate me. But um and again I I just I just understand I'm looking at this from not just you but from the the neighbors perspective that has to have to see this. Um and I'm I you know I'm late on this project because I have this first time I've seen it. But I am a little bit disturbed about where we are and how many of these things and it's it's not something that I I think you would disagree with. So I I'm still asking for a way to add some assurance that even if some of the encroachments have been uh baked into this, can they be

rectified to a way that it go back to where it was before, where it should be? And um I haven't heard a good answer for that.

Sure. Um if I'll try to hopefully uh address a lot of that as far as the kind of the priority or which encroachment or which requests are priority. Um as it stands right now there are a laundry list of other encroachments that are in violation. Um the the proposed plan we've put together eliminates a lot of them. These were the remaining ones that we couldn't really work a way around um without tearing down the structure essentially. Um, the only exception to that essentially would be I think there's a there's one for the HVAC that could theoretically I think be replplumbed and shifted to the house or a different unit um place that because it's it's point less than half a foot over the setback line or the the line that it needs to be and that theoretically could probably be addressed. It's about turn down the house. Uh the all of the others except with the exception of u so that it's exception number five, the retaining wall that that is an exception request that um is has not been built. So the there's existing retaining walls that are over. We're going to tear them all out. tear out the existing driveway and then rebuild the driveway in a fashion that uh what we've proposed where the grade because right now you can't pull a sedan into the driveway without dragging um the way it's built. So, we've regraded it or put together a plan to regrade it and build that driveway along with essentially retaining walls along that driveway uh to

make it where it's a functional driveway for somebody. Uh that number five exception request includes us building a driveway or I'm sorry, a retaining wall right against the southwestern property line. Um, we might be able to design it in a way that it doesn't because I believe if it's less than if it's over 5 foot high, it can't it has to be less than half the setback width. Is that right? Um, and so we might be able to design around that. Essentially, we'd be making the driveway skinnier. Right now, it's shown as a 16 foot wide driveway. We could narrow that down theoretically, I guess, and make it where that was not an exception request. I don't know from a functionality and from a that in theory could be done. I think the end product will be less desirable, but ultimately that would take care of uh one of those exception requests. all of the others without tearing down the house, there's no way to really address them or literally chipping cutting couple foot off the house. Yeah.

Um, as far as the assurance from the from the bank, um, I think they would be open to a timeline. I don't know if a conditional approval or an approval conditioned upon the work being done within a certain time period, if that's even an option. I know they're wanting to do something. They're not wanting to kind of kick the can down the road with a deferral or or and and but again, I can't if there was a way to approve it with the condition that hey, y'all got y'all have eight months to address this or whatever. I we would I think we would be open to that.

Hold those thoughts right there because Commissioner Evans has been waiting and I wanted him to ask you his questions. Go ahead, Commissioner Thank you, Mr. Chairman. Uh, should we decide to approve the changes that they're talking about with respect to asurances of the timeline, I can assure you that somebody has lost a bunch of money on this thing and somebody is losing money every day this goes on by. And having had experiences with banks in the past, I understand the time value of money. And I understand that nobody wants to get this finished quicker than the bank does. So if we put a timeline on, I don't know that the bank could guarantee that timeline even if we did put it on. I don't know that a contractor could. But we do have contractors, architects, and and builders all over this thing who want to get the project finished and within the constraints of getting it finished as soon as possible. I I I don't see why anybody would drag their feet on this at this point. I I I see new owners and somebody that's trying to correct the problem to get out from under it. I certainly would be. And there's no way money is going to be uh made on this project by tearing it down and starting again. Somebody's going to redouble their losses again. So I I don't see that as a way to go. I get irritated every time we have one of these. And we have one quite often where somebody's violated the rules, but the people that are involved in this now are just trying to clean up the mess. So I believe the I believe that all the impetus in the world will be put on by the bank to get this finished as soon as possible. It would it would be if I were the bank president, believe me.

Understood. Commissioner Free, you had something.

Um yeah, I just wanted to mention that's okay. I just wanted to mention that um on these issues with the retaining walls, a lot of the reasons that they're needing that variance today is that just in the last few years, we've we've put things in the zoning ordinance dealing with retaining walls. prior to a couple of years ago, uh maybe even when they initially got this building permit, even though everything was wrong about everything. Uh but um you know, since that time, we've changed some things uh about our requirements on wall on retaining walls because we we were running into we'd run into a couple of instances. It's different than what this is. We'd run into some instances why we added some things about how far a retaining wall that was a certain height had to be away from a property line because we ran into some things specifically uh on the lake where we had steep areas and we had people putting huge, you know, 30 foot retaining walls right on the property line. And so we that's that's one of the reasons we made some of these changes. So, some of these requests that they're requesting this evening, these are some of these are the result well the ones that are off the property line, they're off the property line, but most of these, you know, would have possibly even been compliant uh just even a couple of years ago. Uh so, I just kind of wanted to mention that and I'll just share with you the staff has looked at this. This is a horrible situation. This is bad for the neighbors. This is bad for everybody I think involved with it. Uh, you know, I think generally, you know, we've got concern about the reality of how it's going to get resolved. You know, I think, uh, like Commissioner Evans was saying, it appears, of course, there's no guarantee. It appears there are people that want to do something, you know, to get it resolved. Uh, I mean, our concern as staff is, you know,

nothing happens, you know, if you approve this and it dwindles away and nothing happens, uh, you know, that's one thing. If you deny it and then it just sits there, you know, both of those could end up in the same situation where the house is just sitting there for years, you know, because nobody can occupied and then eventually you get to a point where the city's trying to force it. But then it's a difficult thing because even though maybe it can't be occupied, uh there may not be a question necessarily about the safety of the house, if that if that makes sense. it's it's maybe not necessarily a structural issue where the house is so dangerous that it's got to be torn down. So then that makes it really difficult for our code enforcement, you know, on looking at that and then, you know, that's something that could go on for a long period of time and and and I you know, I don't want to see I don't want to see that uh that occur as well. And um so that's just kind of the some of the thoughts you know from the and another another issue that you know we were concerned about or we were a little bit concerned about if you take the existing house and you just start chopping away parts of it you know and then able to make it all in full compliance you know what could be end up could be a real Frankenstein looking looking thing that might meet the minimum requirements of the plan development but yet be something you know really awkward. Uh, you know, so that's a pos possibility. But the way this driveway and everything is, I don't if you've been out there, I've been out there. You know, the driveway, it's it's it's almost like Whoville. I mean, the driveway is going up to a garage you can't access. And so it's like it's it's an inaccessible uh with a vehicle really getting it up there to utilize uh you know, to park up there. It's it's kind of a really odd

situation. So, I just kind of wanted to share that from the staff standpoint. This is one we've really scratched our heads out about and it's been going on uh as the resident said, this has been going on, you know, a long time that the codes department's been kind of battling this and and uh I guess the the bright side of it is is at least maybe there's an opportunity here to get something get something resolved. And I just wanted to share I did talk to staff and you know trying to think about being creative about being having conditions on a deviation but I try to get creative with it. I just don't think it'd be proper to have conditions on a de on a deviation. Either it gets a deviation or it you know or it or it doesn't. If that if that makes sense.

Commissioner Hardwick, you're in the queue. I'm assuming that Wilson Bank and Trust foreclosed on a construction loan and that's how they got this back which that's my I don't know the what kind of loan it was but but that's my understanding. Yes,

they they've hire they've hired you to tell them how to fix the problem so they can get rid of this house. The with all due respect making the assumption they have been funding a construction loan. they didn't do their job to make sure it was being built correctly and and quite frankly that's not our problem, that's theirs. Um, has the bank talked to the homeowners and that we have a homeowner here tonight saying we shouldn't vote for this. So, have they talked to the homeowners to find out what issues the homeowners would be willing to support?

Not I I'm not aware that the bank has. I believe the GC that they've employed might have had some a couple conversations with a few of the neighbors. Um, but I'm not aware of anybody directly at the bank. No.

And I guess the the last question that I have and and I fully understand that we don't want to not approve this and it sat there for years. Um, but if we didn't approve it, the banks in a in a tough spot as well. So, I don't believe anything really happens between Thanksgiving and New Year's. I would be in favor of deferring this to the January 6th meeting to where the bank can come in and say, "If you will approve this for us, we have contracts ready to sign. Work will commence within 30 to 60 days. And while none of that has can be con conditioned upon the approval, we're hearing from the bank explaining to us how they got into this, how they're going to get out of it and make this thing happen. Sorry, I've been deal dealing with a cold, but uh I'm Derek Finn. Uh I have been um contacted by the bank to come in as the uh the GC here. Um so clearly there are a lot of issues here. Um being the GC um we have met with codes uh multiple times over over the last year prior to for to to the foreclosure. Um we are at a point now where we have contracts. Um codes suggested to us to have this meeting first. Uh depending on what this body does today will tell us what those contracts may or may not look like. Um so the contracts are setting uh on you know are set up ready to go. Um and as soon as we have a decision from this

body, we are moving forward. Um the bank is absolutely ready to get this uh this completed. Um we don't we didn't want to start any uh demolition or reconstruction until we have these answers. um we don't want to you know trying to be a good steward of the the bank the bank's money uh in this situation uh we felt like this is the first step and that was direction from from staff as well so um can I assure you a timeline of 6 months 8 months you know four months I I can't I can't assure that um but what I will say is we have uh we've been in contact with structural engineer years uh because we have seen some of the current concerns that that are here. Um and we will do you know you know we're doing everything we can for the bank to be able to get this to completion as soon as possible. Um there's thing there's items um a list of items that we've worked closely with codes on um throughout the the the process. Um but we we weren't really able to get in and do uh as all of the due diligence until um until the foreclosure happened. And that's you know we also couldn't come to this body until that happened. Um so within I believe it was a week maybe two weeks we uh had had multiple meetings with uh with the city and uh looking for this resolution. Um, so we are we are ready to to to move forward as quickly as possible. Um, I know that between Thanksgiving and New

Year's, uh, there there are, you know, it it can slow down. There are a lot of things that can be done on this property, um, in that time frame, uh, to get this moving as as quick as possible. Um, in I'm not sure who asked the question about has the bank reached out to to neighbors. Um, I personally have reached out to a couple of neighbors. Um, I don't know if they're here or not. I know they have not spoken uh to tonight, but I have reached out to them. I do know uh their concerns and I also have gotten assurance from the bank that they want to be good neighbors. I mean, Wilson Bank and Trust is well known here and it does them no good to not be a good neighbor. Um, so we will be doing uh some of those things and I've had those conversations. Um, there's a neighbor across the road that built a uh a house to sell. Um, I've had multiple conversations with him. This is a concern. This house has been a concern in him his selling of the house. Um, I can't remember exactly how many showings he had of that house, but he said every single one of them brought this house as a concern and they didn't know when it would be completed. Um, so yes, we've had conversations with some of the neighbors, not all of the neighbors. I apologize for that. Uh, but I don't, you know, there there's this where this intersection is and this house sits, there are a lot of neighbors around there. So, I just wanted to address that. Um, and I think that covers everything here for any questions.

Well, I got one comment. I've got two more people in the queue, but you've sort of heard from Commissioner Hardwick, and I'm going to bring another thing up, too. And that is, do you have the authority tonight to ask for a deferral on behalf of Wilson Bank? And I think what you're hearing from these people up here is if you have a more defined plan and the bank can come back with more asurances of timelines and what they will do and complete uh on their own accord, I think you may get a more willing group of people up here to work with you. But right now, you're not bringing much other than oops, sorry. And yeah, we have, you know, some asurances, but not many.

And I had a conversation before, you know, on the way here, and the bank uh would like to have a decision tonight to know where which which direction we're heading. um uh you know the relationship with time and money I think plays into that uh into that decision. Um so they're they're trying to get the answers so that they can move forward. Um that is that is the uh you know looking at that or hearing that conversation I think that tells you how serious they are to move forward. They don't want based on my conversations, they would not want to wait until January 6 to for for another a next meeting uh to prolong the uh the decision. Um but that's that's really

okay. They are motivated to get this this to the finish line. Um, and I I think that they would look at another 30 days as um, you know, and not having the answers for the, you know, what not knowing what the the end result in 30 days is. Um, okay. I I do think, you know, the conversations around the aesthetically pleasing and if uh if if these things if the deviations are not, you know, are not um not granted, I do I do feel like this the the aesthetics of the home would be um would be affected greatly. So,

understood. Commissioner Kerr, a couple questions. You mentioned you have existing contracts to address some of the the issues. Has the bank provided you a budget on what you're supposed to stay within? And would those deviations or those corrections uh fit with inside of a a number that the bank has articulated to you?

I've shared with the bank our our our bids for what is to be done and that is that includes the the retaining walls. Um, we have given estimates on, you know, some of the the deviations if they're not approved. Um, we've given estimates on those, but I I can't make, you know, I I can't make that decision for them once those final numbers are um are are landed on or agreed upon. Yeah. And you know what those changes are. But yes, we we they have given them uh our our estimates and they have they are ready to move forward as soon as um you know as soon as we have this decision. Um so well I I mean I'm certainly in favor of a deferral and for that reason you're not able to answer some of the questions I think are relevant um to this to these issues. I mean, you as a contractor can come in with a wish list of things that need to be fixed, but the bank may say, "I'm only going to fund three or four of those, and then the neighbors are sit sitting with another house for who knows how long." So, uh, I I am in favor of deferral. I think it would be personally in the bank's best interest to get at least me and maybe a couple of other commissioners on board what you're trying to do. so we can understand the impact to the neighborhood. Uh I don't I don't don't take this wrong. I don't care if you make money off of it. I don't care about the time value of money. That's not this the role of this commission.

Yes, sir. So, um so that I would be in favor of a deferral. So, I'll leave it at that. So, any other commissioners? I saw you were originally in there. Commissioner Hardwick, did your question get answered? I just want to say I really want to vote for this. Uh, and I understand the bank is is so important to them they can't wait 30 days, but it was not important enough to show up to tell us. So, yes, sir. I I'll let that decision weigh where it is. I I really do want to vote for it. Yes, sir. But I really want to hear from the bank as well. So, I'll have to decide how I'm going to vote. Okay. Commissioner Wessel,

this is just for a point of information just for my um because I don't have the history on this. Uh, does Maser Farms I'm assuming they have an HOA? Yes, sir. And within that HOA, did they not have an architectural review committee? Yes, sir, they did. And in going through to get to this point, what has the role of that architectural review committee been in this process? Do you know? Um, so they would have approved the original architecture. Um, I am not aware of an approval or disapproval of the current existing. Um, I would I would have to to get that information. Okay. Thank you.

Any other another reason for deferral? Yes, sir. Commissioner Hasty. All right. Any other commissioners, please? I agree with Mr. Hartwick. I mean, I'd like to go ahead and vote and get this over with, but Well, we'll entertain. I think uh the deferral is probably a good idea and for the hear from the bank and everything after what I've just been heard. Well, if uh if one of the committee people would like to offer a motion of deferral, that's fine. If you want to vote it up or down, that's fine. I'm I'm here to entertain any motions y'all have to offer. Commissioner Wessle, you're still lit up. Do you have any other comments? No. I'm sorry. Okay. Thank you. Do you mind if I ask

you go right ahead clarify one. Um so understanding making sure we when we come back or if it is deferred that we are well prepared. Um my understanding of kind of things that this body is looking for um representative from the bank uh clarify the HOA uh approval or disapproval of the current architecture and then um I believe Mr. Kerr made a comment um uh I guess regarding the plan. Is there specifics in the plan that I guess uh so I'll make sure if we need to make changes to the plan.

Yeah, great question and and let me let me just clarify that. I think the the number of deviations that that Caitlyn had articulated uh what I would like to see just from understanding the the how critical some of them are, some of them are not, some that have been rectified, some have not. I'd like a complete list of those and a good definition of each of those. Um, and that would be something that you and the builder or you and the contractor can, you know, give us your best guess on on that. But when when the bank comes, I would like to understand a full scope of what we're dealing with in terms of those that have already been rectified and those that you feel like in the next meeting you come, I'll ask this question. Do you feel like that you have been given adequate authority and you have the right uh financial means to do the the work that needs to be done to make these corrections? That that will be a question you'll get on January 6th if we defer.

Thank you, Commissioner Hardwick. I guess to to follow up on what you're saying if you choose to defer this. Yes, we want to know that the homeowners association is willing to approve what you're asking for. Yes, we want to know that staff has approved everything that you're asking for. And what I personally want to hear from the bank is they're prepared to fund it and move forward. I'm willing to vote to give you what you want. I just want to know the bank's prepared to fund it and move on and not pick and choose after the fact. Again, anyone have a motion you want to throw up?

Can can they ask for the deferral or if we ask for it, is is that acceptable or do we have to only vote yes or no unless they ask? Well, I don't think they have the authority to ask for the deferral from what he answered me earlier. So, we can offer a deferral if you want to in your motion or you can have a straight vote up or a straight vote down, whatever you want to do in your motions. So, if we ask for the deferral, do they have to accept it or what? How does that work? Are or are we forced to vote yes or no tonight? That I'm going to let Director Free answer.

Yeah, you can do a couple different things since this is just a deviation. It's not uh you know, it's not approval of a plat or something like that. that that does have a clock ticket on it and that's when a lot of times we'll want to get uh the applicant to agree to the deferral so it kind of stops the clock so that Oh, go right ahead. I I may just clear this up. I I we we are asking for a deferral at this point based on the feedback. Yeah, I feel like uh the bank can be comfortable with that and thank you guys for your feedback and

and I will share this to the applicant from the staff standpoint. Uh the deferral in this particular situation, this is a positive movement. uh you know that uh what what I think the planning commission is is telegraphing to you with their interest in a deferral. Yes. Is there interest to see a solution uh just wanting to have a greater confidence uh you know when they're when they're casting their vote on it? Yes. Okay. Okay. So we have the applicant that's requesting the deferral. Do I hear a motion? So we have a motion. Do I have a second? All right. We'll do this electronically so it's on the record.

Thank you. The deferral will be the next the next meeting. Thank you all. Motion to approve applicants request for deferral to January 6 is approved. Eight yeses.

Thank you, Zach. Okay. Next, we have uh staff level projects that are approved. Um all of these have already been approved by our staff. Anybody got questions about any of them directly? All right, nothing. And we'll skip on ahead. We also have staff level projects pending. Uh several of them there. Are there any questions that anyone has in particular? Anything you've brought up or want to know more about? All right. Other than that, we got nothing. So, planning director comments.

Yes. Very briefly, uh I'll just remind everybody of their 4-hour training that uh that Zach had sent. Uh everyone, we got to make sure that we get that uh everybody views that 4-hour training and we get you signed off uh to meet that certification. that is a other than uh for Alderman Martin uh that is a requirement uh for all of the planning commissioners and our board of zoning appeals uh as well. So I'm just about finished it. I've just got 30 minutes left. Uh I've went through that. So it there there's a lot of interesting things in there. Uh so I appreciate appreciate everybody looking at that. Uh in in uh January uh at the January meeting uh we've already got some items that are going to be on the agenda. We'll have the the TBN that's going to be deferred moving forward. We'll have this item of the deviation that's moving forward. Also, we've got a very exciting project at 120 Sanders Ferry, a significant project uh there uh with a with a development uh that's going to be coming uh coming before you with the site plan with a commercial site plan there. So, uh we're excited about that. Also, at the uh January meeting, I'm going to be bringing I'm going to be putting some information in regards to development impact fees. The board of mayor and alderman are pursuing, we've been working on it uh here throughout this year, but uh here going into u the end of the year in the first of next year. They're going to start making progress to uh to get that to maybe to a final decision. But as a part of that process uh is just u uh I'll uh we'll have enough information by the time of our January meeting where I'll have that in your packet and we may put it on the agenda for uh for just at least a brief discussion and at least to get an acknowledgement maybe from the planning commission uh in regards to development impact fees as well. So uh we're going to be hopefully prepared to uh to be

able uh to uh to do that. Uh otherwise, Mr. Chairman, that was the only thing I had, but if anyone had any questions, uh, me and the staff are happy to answer anything. All right. Thank you very much, Director Free. Uh, with that, I'll entertain a motion for adjournment. Got a motion. Do we have a second? All in favor? I. Any opposed? Thanks everybody for being here. We appreciate you. Thank you.