Planning Commission - Regular Meeting

The February 24th meeting of the Stillwater Planning Commission will now come to order. It will be the process this evening to call for items on the agenda. The commission will hear briefly from staff first, then the applicant and/or their representative, and then open the public hearing when we get to that portion of the agenda, and hear from those in favor and/or in opposition to the request. When you come to the podium, please clearly state your name and address for the record. Then before closing the public hearing, both staff, the applicant, and or their representative will be provided an opportunity to respond to provide additional information and answer questions. After all interested parties have spoken, the public hearing will be closed, and we will hear closing remarks and alternatives from staff. The first item on the agenda is under general orders, and we shall hear from staff on the first item, which is the final plat 25-12. Yes, ma'am. Good evening, chair, vice chair, commissioners. My name is Henry Henry Bbleheimimer with development services and tonight we're looking at a final plat for the Stillwater High School edition. This is addressed at 410 West Franklin Avenue. The final plat as shown here outlined in pink on the aerial. This is on the east side of Boomer, just north of Franklin, which is on the north side of the existing high school facility. You see that high school football field right here. Um, as you can see behind that purple outline, this is a previous shopping center that has been torn down. If you were to drive by this site today, as you we'll just skip to the street view. As you can see on the street view, um, the high school is currently under construction on this site. So, this is the final plat there. So, going back to the zoning, this property is zone P or public. Um, that zoning is also to the north and to the south. To the west we have RMI which is residential, multif family, intermediate as well as CG or commercial general. To the east of the site we have RSS or small lot single

family residential as well as RSSPUD along has been there. Um this is that street view we looked at it from a second ago. This is on Franklin looking north kind of northeast on the site. As you can see that existing high school construction. This is the final plat that we're approving tonight. Um, it has two lots as well as two outlots, which are shown better in this next exhibit. We have lot one, which is the primary lot for the high school. We have lot two, which is an additional buildable lot, and we have outlots A and B. These are called outlots because they're not buildable lots. Um, so we have outlot A and B. If you're familiar with the site, we have Cam Yoga Trail, which is a city trail that runs along the east. That trail is covered by these two outlots. I'm open to answer any questions if you have any. Any questions from the commissioners? I'll just I'll just inquire about timing. Um, this is coming to um the point where the building construction is nearing completion and so I think I would have expected to have seen this a little bit earlier. So is could you elaborate on the timing?

Yes ma'am. It is normally standard that we do the platting process before the building permit. That started before I started, so I don't actually know the answer to that. I'm going to let David jump in.

Good evening. David Bar, development services director. So, as part of this project, they had to construct public improvements. They had to construct a water line and a sewer line through their site. So with most developments um we uh don't accept the final plat um and and or take the final plat for acceptance uh to planning commissioner city council until those improvements are done and ready for acceptance. Those improvements couldn't be completed and ready for acceptance until they had the manholes to grade in the parking lot or the hydrant set to grade or all those. So, they're just now finishing those public improvements even though some of those water lines and sewer lines may have been um installed a year ago. They couldn't finalize them and have them ready for acceptance until they got closer to being finished. So, that's why the plat is before you at this time. Um which seems a little bit, you know, late in the game, especially since the building's almost done, but that's the reasons why. So, it's it's out of sequence for what we typically see, but not necessarily out of sequence for how for the for the uh required portions of work to be in place for the final to go through.

Yes, I suspected that was the reason, but I just wanted to confirm. Yep, that's the reason. Thank you. Any other questions? We shall hear from staff as to findings and alternatives. Yes, ma'am. Our findings tonight are that the proposed final plat meets the subdivision and zoning requirements and vision still water 2045 recommends public uses at this location. Your al alternatives tonight are to recommend that city council approve, deny, or table this request. Staff recommends alternative number one, which is to accept findings and recommend that city council approve the proposed final plat as presented.

Thank you. Chair would entertain a motion. I move to accept the findings as presented in the staff report and recommend that city council approve the final plat for Stillwater High School edition SUB25-12. Second. We have a motion and a second. We shall now vote. [snorts] Motion passes 5-0. Next item on the agenda is to consider request for a final plat issue B25-22. and we shall hear from staff.

Yes, ma'am. Our next plat is for a final plat for Fern Creek Cottages. This is located at 505 East 18th Avenue. Here's the aerial view of the property where you can see it once again outlined in pink. This property is about a/4 mile west of Perkins, north of 19th Avenue. Um, and if you can see this large structure right here just to the north of the side, that's Habitat for Humanity. So this is on this is just south of that Habitat for Humanity site and to the west we can see that mobile home park um existing there west of the site north of 19th. So the zoning on the property to the north where that um Habitat for Humanity is we have industrial lights to the west we have RH which is residential mobile home and to the east where we have those houses we have RT residential two family. This property itself is zoned RSSPUD, which is residential, small lot, single family residential. Said residential a few times, but PUD is planned unit development. Um, here's the street view. This is from 19th looking north. So, as you can see kind of in the distance, we have that Habitat for Humanity. And then over on the right side of your screen, we see those houses that's in that RT zoning. Um, this was when the infrastructure was getting put into place. Um, if you were to look at the site now, it's a little further along as all that infrastructure has been accepted by the city, which is why we're before you with the final plat. Um, here is the final plat that we're looking at tonight. This is 14 residential lots. Um, out lot A, once again, is not a buildable lot. That's the common space for this community. Um, primarily for parking. Um, all of the lots in this development are done to meet the PUD or planned unit development that was approved back in April of 2021. that PUD or plan unit development or preliminary PUD was also the preliminary plat. Um May of 2021 the PUD was approved by city council and then earlier last year which is not the right way to say that last year we came back before you with a new preliminary plat.

There were no changes to that but since the preliminary plat from 2021 was expired in July of 2025 you guys reapproved that preliminary plat does align with the final plat as presented. And I'm open to answer any questions if you have any. Any questions from the commissioners?

Seeing none, we'll ask staff to present findings and alternatives. Yes, ma'am. The findings tonight are that the proposed final plat matches the preliminary plat and the PUD, which was originally approved in 2021. Your alternatives tonight are to once again recommend the city council approve or deny this request or decide that more discussion is needed and table it. Staff is recommending alternative number one which is to accept findings and recommend the city council approve the proposed final plat as presented.

I move we accept the findings recommend that the city council approve the proposed final plat as presented. Second. We have a motion and a second. We shall now vote. Motion passes 5-0. We'll now move into the public hearing portion of the agenda. And the first item on the agenda is a map amendment MA25-16. And we shall hear from staff.

Yes, ma'am. Tonight we have a map amendment. Um, this is located at 799 West 12th Avenue. This is to reszone from small lot single family residential or RSS and A or agriculture to commercial general. Here's an aerial of the property. Once again, we can see it outlined in pink. Um, there's a few large structures that I'll point out here. Just to the west of this site, we have Still Water Medical Campus, Still Water Medical Center, Southern Campus. Um, so this property is located just south of 12th. Um, and on the north side of 12th is where we have that public park in Dark Park. So, here's the street view. This is from 12th Street looking south. Um, so that vacant land is what we're looking at reszoning today. Here's a zoning map where you can see um there's a kind of a line halfway through the northern side of that is zoned RSS or small lot single family residential which is what we're looking at reszoning today. This was originally zoned RSS or small lot single family residential because it was platted as part of the Lind edition. Um the southern portion of this property is unplatted and zoned A or agriculture. As we can see the southern portion here, this curvy line on the very southern is because of Stillwater Creek abuts this property on the south. To the west we have P or public as well as some O office as a part of that still water medical campus. To the north we have P or public for that park and to the east we have some P and for public as well as some RSS or small single family residential. Um here's the future land use map from Envision Still Water 2045 that calls for this property to be public and civic. Um public and civic is property owned by the city. Um as we can see the Still Water Public Library has the same comprehensive plan designation. Um as this is not proposed to be owned by the city. This is not necessarily in align with that. Um but since it's being done as a partnership with the city, this is aligned with the comprehensive plan.

Here's the conceptual site plan where we can see the proposed YMCA building. It's a very large site, so it looks like a small structure. It is larger than it looks. So, we have the YMCA structure right here. Um, let me get my pointer. Um, so for for the conceptual site plan, the reason we're resoning tonight is for this proposed YMCA development. Um, the YMCA development falls under the use category of recreation. Recreation is not allowed in RSS or A, which is why we're reszoning it to CG or commercial general. Um, here's a rough look at what we're of what is being proposed. We have the YMCA structure right here with all the proposed parking to the south. Um, there's also some other conceptual expansions that are shown here. You can see some future additions shown here as well as a proposed soccer facility. Um, that's not necessarily being proposed to be built right now. Um but that is showing why the resoning expands into this tail down here and to the south here. The south here is the borrow pit which is being used to develop this site which is largely on flood plane. And then again we have a proposed future expansion here which is the youth rec center and the parking that goes with that. I'm open to answer any questions if you have any. Did you go back and show the graphic that indicates where the flood plane is? The other one after that there I think the hatch. Does the hatch not indicate the flood plane? The blue hatch.

You might be correct. I did not confirm that. Yes, it does. You're right. Flood plane here. Yes, the blue hatch is the flood plane. Okay. And to clarify for everyone looking, the blue hatch kind of goes around right here. And could you could you tell us is that 100redyear 300-year flood plane? Do we know which line that is? I believe that's the 100red-year flood plane. Yeah, that's what you're seeing there is the 100red-year flood plane. Um, there is flood way that's probably shown. The comp plan map doesn't differentiate between flood plane and flood way. They just call it all flood.

I'm And I think I think I looked at this earlier today. I think that the floodway is probably all to the south of what's in gray. Yes. So, is is the portion that's in gray How much of this are we looking at again to reszone? I don't Yeah, I'm not sure. He broke that out just that part. Okay. So that's the portion that we're looking at reszoning. The gray ends right here on the comprehensive plan. So to kind of compare those maps, this is the line for the gray. So So it's the difference between what's already zoned agriculture and what's RSS is the difference there. Yes, ma'am. Okay. Um

see this is that curve of question kind of point of order here. So, if I have questions about changes to the flood plane, changes in the flood plane, earth change permit, all of that kind of thing, where's the best place for me to ask it? Is it here or is it when we talk to the applicant? Yeah, I mean, we can we can address just some the city regulations in terms of, you know, what they're proposing um and what we've reviewed. They the applicants, engineers here, they can also probably answer those questions very well. So, depends on your question. Okay. Um so um philosophically I have issue developing in the flood plane. Okay.

Um given my history in Still Water, I've seen this area flood and I know that there have been a lot of controls placed around and and a lot of improvement done on the drainage way in Still Water and it's an ongoing issue that has to be kept up and maintained. Um, but I I have great pause to go in and and change a a flood plane to something commercial when as a planning commissioner I feel like that's better served to be public land or agricultural. So, I would like to know what what is being done to mitigate flooding of properties and um you know just just different different things about that is is what I'd like to know. And so we can

what whatever the city can address here we can address here and then when we open it up for the applicant [cough] then the [clears throat] applicant can Yeah. So, I can I can just say that, you know, they submitted a flood study and a um detention study uh for this site and we sent that to WSB um engineering who is our third party consultant who reviews um drainage studies for us um especially on larger things like this. Um you know, there were comments the engineer and their team addressed all of those comments. They're not removing the site from the flood plane. It will still be in the flood plane, but they are elevating this site um by providing

the building pad. The building pad they're elevating. Yes. Yeah. The building pad will be if you look at the you know the medical center facilities to the west. Yeah. It's also in the flood plane. Yeah,

it's in it's in the flood plane, but they've elevated those um pads. Uh, I believe that I'll let the engineer confirm this, but I believe they're they're shooting for two foot above the be the base flood elevation. Our code just requires that you have the finished floor one foot above the base flood elevation. So, they're providing compensatory storage to the south in that area. Uh, that's closer to Still Water Creek. Um the uh you know like like I said we've looked at u they looked at adverse impacts to upstream or downstream um people uh properties not people but uh properties um people also I understand also get get in the middle of this.

Well that's true. Yes. Um so I do understand um you know from I do understand your concerns. I understand anyone who has concerns about building in the flood plane. Um, and that's why we definitely took a look at this very closely. Um, yeah, we've all seen what happened in 2019 where that that medical center facility is surrounded by water. Um, and so if this were, you know, um, you know, when they add this fill, um, they're they're providing compensatory storage um, to the south there. Um this is a um predominantly a um you know this is all backflow coming out of Stillwater Creek.

Um and so it's going to fill in that compensatory storage which there's a similar compensatory storage area just south of the medical center facilities and those soccer fields that they built behind it there. So um it's being developed in the same fashion. Um, and you know, I will just say that uh we um we challenged the engineer and our reviewer with um making sure that every eye was dotted and te was crossed to make sure that that this was not going to create an issue because um yeah, there's going to be, you know, recreational facilities for kids and families and everything else inside this YMCA. So

you've answered my question. Is there other questions? What were these tees were crossed and eyes were dotted? Well, I I mean, I guess I'm speaking just, you know, No, I I understand that. But what was under consideration that led them to believe that building this facility at this location would not uh open it up to risks of flooding?

Yeah. I I can't speak to why the location was picked. Um, you know, I my department reviews the plans that's put in. Could could you elaborate on on like what the city looks for when they're looking at this in a regulatory uh viewpoint as far as what what are the regulatory items that you're looking for in the report that would give the city um the viewpoint that this is is a good a good development, right? I mean, we're um well, I'm just speaking from the drainage perspective or I'm I'm trying to speaking from the drainage perspective. Yes. What makes this a good idea or what makes an acceptable idea?

Okay, an acceptable idea. I mean um you know that the the bar that our code says which is you know really close uh probably follows exactly what state law says is that you know your development can have no adverse impact on surrounding properties period. and that your um that now the flow rate that's leaving your site um you know the the post uh Q or the flow rate that's post development is not supposed to exceed the pre-development. This is a unique situation because they did a timing study to show that it's better to let this flow out now in that channel rather than wait for the big storm to flow down the Stillwater Creek and then it combined with that that it's better to let this water out now. So, they're not providing on-site detention with this with this YMCA. Um, and there are locations where that is advantageous. And I'm not I I can't speak to, you know, all of the details of their study. Um, I can just tell you that they did what we asked them to do.

Any other questions for staff?

Thank you. You bet. Okay. Um, at this point we'd allow the applicant to come forward and and elaborate a little bit if you would please.

Good evening. My name is Austin Burton, civil engineer of record on the project with Kimley Horn and Associates representing the Y and Ed Gagos uh on this property. Maybe just to add to what Mr. bar has has said as far as what what's the bar um in regards to to flood studies. Um so our firm not only providing the civil engineering design for the project but also providing the the flood study. It's an area of expertise or office out of Oklahoma City as well as support from our Houston offices that do this work routinely in that setting where entire cities are in flood planes. So, um this is a challenging site. Um but maybe to explain one term um that Mr. Bar used a couple times, compensatory storage. Um what that means is that any uh fill that we any places we raise the site, for instance, the building pad is being raised about 9 ft above existing grades. So, the building will be 9 foot above the current elevations in the building pad area. any fill that we add can't be brought in to the property. So, the borrow pit that um if we could I don't know if it's possible to skip forward the site plan. Um thanks Henry. Okay. This this large area that you see is is the borrow pit. You can see it's larger than the YMCA portion of the site itself.

Can you can you can you that is please? It's this this kind of boundary here. Sorry, I'm a little And is that located in the floodway? No, it's not. The borrow pit is not in the floodway. By state regulation and city code, we can't do anything in the floodway. Could you show me where the floodway is? Yeah, absolutely. This is the floodway boundary here. So, that's the edge of the floodway boundary. So, this is all That's correct. The floodway would all be south of that that line. Uh this drawing doesn't very well illustrate the center of the creek. Um but it more or less follows that floodway boundary and it is kind of down in this this area. You can kind of see actually the bow of the creek there. But um

yes, so we we remain entirely clear of the floodway. So the only work that's being done there is actually a drain pipe out of the borrow pit to connect to the creek. So there's no other fill or earth change in the floodway itself. So on your on your um borrow pit. Yep. What is the elevation of the borrow pick comparative to the flood way? So, as you can imagine, well, if you were to imagine, the entire property is flat, which is actually pretty accurate. Um, being a flood plane area, existing conditions at the building site, we're raising 9 ft. Um, so what is what do you know what that elevation is? Yeah. Um, 869. 869. Mhm.

I'm going to pull out my drawings to No, that's okay. give you real make sure fact check myself that's correct um and I was existing elevations largely across the site are in 860 so that's that so so roughly 860 is your existing condition yeah if you were to think of as a profile and then is 8 is 860 the the elevation of the flood plane no the flood plane elevation is uh 865.7 865.7 so you're going to need to the 869.7 to be 4T above. Well, the code requires 1T above and we're going 2 foot and 3 in or 4 in. Okay.

Yep.

Um so then for context, the bottom of the borrow pit. So now if we're thinking we're raising the YMCA, we're right now they're currently digging the borrow pit out and the bottom of it is 849. So it's a significant cut uh in that area. So all there'll be no import fill for the project. All the soils for raising the pad are being sourced on site. So that's when David Mr. Bar talks about compensatory storage. That is the bar that is set by the city by state statute for work to be complete by FEMA uh for work to be completed in the flood plane. So then would you happen to know what is the what is the elev and I sorry if I asked you this and I didn't write it down.

No problem. What is the elevation of the floodway? Floodways don't have an elevation per se. Everything is based on the 100redyear flood elevation. So you're at 865.7. Okay. Round you could round up to 866 but Okay.

Yep. And so we work hand inand with with FEMA in this process. So we receive their models that they use to develop the flood plane boundaries. WSB um the city's third party consultant is working with FEMA directly on a general study of of Still Water Creek. So we've been involved in coordinating with them um and being sure that not only is our proposed work being reviewed by WSB, but it's in alignment with other studies that WSB has ongoing. Um so that yeah they they're aware they've approved what we've we've done. We went through several rounds of of review comments with them and have approval from the city as well as WSB on the flood study. What time frame is the data set taken from that determines the 100-year flood plane or floodway that you are using?

I can't answer that specifically because I'm not sure. That's a good question. I will say um the city provided drone footage of the I believe it's the 2020 event. Um, sorry if I've got that year, exact year incorrect. I apologize. Somewhere in that range. Um, and we correlated those elevations that were experienced with our survey. Um, and it appeared to align within a foot plus or minus of the the FEMA 100-year flood elevation that I mentioned. Um, the for context on where our building will be relative to other surrounding buildings that were there at that time. Um the total health the small building to our west uh mazur west it is at an elevation of 868. So our YMCA building will be 1 foot above that. The drone footage that I saw from the city of the 2020 or exc the event that happened around that year

2019. Thank you sir. Um that building was not inundated. Um it reached into its parking lot. Um, so that's why we went an extra foot above the minimum, a foot and several inches above the minimum um, threshold or bar that the city sets of being 1 ft above the base flood elevation. All right. Thank you. You're welcome.

So, it um, it looks like are there are there two structures that we're looking at? So the application before you this evening is just is purely for reszoning. The city's um asked for the concept site plan. Um the the building that um is in permit review currently is just the YMCA building. Um so that's that's this structure here and then the parking lot primarily to its south. This uh building you see here is a is a future future building um that has not started design yet. The why um and the land owner who's donating the property u desired to mass grade the entire u the entire property that's before you tonight for resoning approval um because it all drains together. Um and the borrow pit um will be used to raise the all the building pad sites that you see here. It's more cost effective to do it together instead of in in pieces from a masgrading perspective.

Gotcha. Other questions for the applicant? Yes. Um, so CG is our city's broadest commercial category and if the Y decided to not go forward if we approved the zoning change, it could do just about anything in that anything could happen on that property. But wouldn't public also meet the needs of the YMCA? We coordinated um significantly with the planning department and I will say the staff has been a fantastic partner um throughout this project um Henry David and others and the my understanding and be happy to

I can chime in public has to be owned by the city okay or the university and this would not be owned by the city thank you you beat me to it so own owned by a governmental agency See?

So CG is the is the one it has to be in order to take the Y. Henry's coming. Hold on, Henry. Yes, sir. The reason we recommended CG or commercial general was because the use was recreation, which would allow for the existing YMCA building as well as the potential soccer complex of the south. Yeah. Um, it's one of those things where we don't have a very specific use category for something like the Y. So, we had to kind of fit it into the one that was closest to it, which was recreation, which is allowed in very few zoning districts. So, that's why we recommended commercial general. Yes. Thank you. Yes, sir. [cough and clears throat]

Other questions for the applicant? I don't see any. Thank you. Thank you very much. So, at this time, we'd open the public hearing and ask if there's anyone in the audience that would like to speak in favor of this item to come forward. Yes, sir. Would you like to come forward? Is it for favor or just uh so if if you're in I'll ask for in favor first and then I'll ask for opposition later and if you're on the fence then feel for feel free to come forward on the fence a little bit

that that's fine please come forward. [cough] I uh if you can just state your name and address for the record for our

I'm Wayne Smith and uh my address is 1724 South Husband Street. I live down in this area. 300 ft from what we're talking about here. Uh when I look at the map, I see a lot of things that I don't quite uh see and understand about uh keeping the flood under control in that area. Uh I'm probably what I really want to say first that I'm I'm 83 years old and I'm probably one of the oldest ones here, but I lived through all the different floods. I own the property since 19 about 1964. So I went through the big flood. We had the the one what five or six years ago that was probably I would say at least a hundredy year flood.

Uh I was up on the hill. The highway patrolman came by and he said I said how how high is this going to get up there where the fire station was? Said it may get up here. But the thing that saved us was flood control. And we have about 80 flood control structures between here and Blackville. If we hadn't had those structures in here it would have been probably 10t high. it was that bad. And uh these structures are are very important. I want to see the YMCA go in down here. I think it's a good location. But what I would like to see is a better control of the water coming out. We've got Duck Creek. Uh I've I I'm three sides with the city, three sides of me. So I've worked with the city a lot over the years on different things. I have one of the big serial lines that goes through my property. So I've had to give them right away on that. I had to sell them four acres, put the Duck Creek project in down here, which is was a good project. It's helped a lot. But the city has been very good and the engineers have been very good about doing the right thing and I think this is another instance where this is kind of a gray area, but question mark. Uh I think it needs to be done right. I agree with you on flood control. I'm I like to see flood control on it. I do have some issues with the city on some things. I'll I'll talk to them later about, but I thank the omi one probably for all the times I've helped them out. But anyway, the uh uh I think we're on the right track. Our forefathers and Harley Thomas and all those I've worked with in the past. I haven't been on this board, but I've been on several other boards on the city that's because of where I'm located. And I would love for somebody to come and ask me anything they want to know about the flood zones since I've been there 60 years. And uh I have a lot of information and I've got a good mind still at 83. So I'd be glad to share that with you. I'd like to talk an engine to an engineer or two about something down there that I think we

need to fix. But uh like I say, I'm on the line and I I I love to have the YMCA in. All my kids are raised here. I had three children, doctors, lawyers, uh nurses, RNs. They've all been done well. Still Water's my home. I'm not going anywhere. I'll be buried right out here probably. But uh I want to see what's best for Still Water. That's my goal. It's not me as much as it is for the town. So uh it's it's a beautiful place to live. I think we're very fortunate. Every time I turn the C TV on, you know, we see floods and disasters everywhere. We don't have that here hardly. We uh flooding isn't terrible as long as we keep it under control. Uh, I I like the what we've got here on the YMCA, but I'd like to see uh I I walked up through there today again because it' been a while since I've been there. I went through all the flood control ponds we've got behind all the hospital and everything out here. Those are great. That holds back a lot of water. And to say really that uh the water coming off, let's get in the creek first. If you got a full creek going on already and the banks are full and you run that water on into the creek and you're not holding it and I think those ponds we put in out there behind those medical offices and stuff might have saved us six years ago because I really think without those that water could have been another two or three feet. It didn't get in my property, but my main house down here, it's an old homestead, and I spent a lot of money fixing it all up, and it's rental property now, but it came right up to where it was out that far from getting in the house. But that that really kind of saved that. And I could tell for the years, uh, the years I've lived there, that Still Water is a fantastic place to live. And I and I hand it to the engineers. The engineers done a great job in town. I look at a lot of their other projects. I kind of go around now since I've been retired a long time just kind of see what everything going on and what Still

Water's doing and it's it's a great place to live. Thank you. Thank you.

We have anybody else in the audience that would like to speak in favor of this item to please come forward. Seeing none, I'll ask if there's anybody in opposition of this to come forward. Yeah. Okay, seeing none, we'll close the public hearing and um I don't know that I necessarily heard any any questions Mr. Smith generated that were different than the ones that the commission did. I'll I'll give I'll give the applicant an opportunity to come forward if you'd like to address his comments. Thank you.

Thank you. I'll keep it brief. Um the one thing I forgot to mention I would like to add the the borrow pit I mentioned before um the only work being completed in the floodway is a drainage structure that's connecting the borrow pit to the creek itself. Um the reason that's significant that that structure will be very large. It'll be an 8t wide by 4t tall reinforced concrete box. And the purpose of that structure is to allow the creek um when it begins to flood to back up into the borrow pit. Um I mentioned without getting into too many details. I'm happy to get into details if you like that the bottom of the borrow pit is you know approximately 848. Uh the bottom of the creek is about 8:45. So our borrow pit will be just a few feet. The bottom of the bar pit was just a few feet above the bottom of the creek. So very quickly is that creek begins to rise in a flood event. We have effectively broadened the creek um significantly with this borrow pit. That's part of our solution here um with the flood study. It's how we were able to um develop the site, add pavement to the site, um but not have any negative upstream or downstream impact by effectively creating creek um working volume um at a much deeper elevation than it is currently within that borrow pit area. Hope that makes sense and and perhaps gives a little bit of peace of mind. So then if I understand then that that the bottom of the borrow pit is such that it would be completely drained uh and drain into the creek and shouldn't be retaining water in it when the creek starts backing up.

That's correct. When when the creek begins to empty after a flood event. Yes. The borrow pit is not intended to to hold water permanently. Um as as the the creek uh drops during a flood event, so will the borrow pit. their intended the structure is so large and this was something we coordinated closely with WSB something they wanted to see that structure so large to allow the creek and the borrow pit to function um in unison if you will and then whose responsibility is it to make sure that that stays um free of debris.

Sure. Um, so as part of the project, all the the the trees, existing trees on the property are will be cleared. Um, certainly be new trees that will go back that could uh have have some on-site debris, if you will. Uh, there's could be debris in the creek as an 8x4 box that's as large as boxes that are nearby underneath public streets. Um, so maintenance of that, um, I believe would be on the property owner, uh, the YMCA, but I I imagine the city would be a partner, um, in that. I don't want to speak for the city. I don't know if David or Henry have comment, but as as a city also shares the ownership of flood protection for its constituents, um, I believe that would be a shared responsibility. Okay.

Responsibility in regard the question was uh the box structure that's connecting the borrow pit. Well, and the and the borrow pit itself. Who's whose responsibility is it to keep that that drainage area free of debris? I mean, it would be the property owners. So, the property owner is going to own the burrow pit. They're going to maintain it. They have to mow it, keep trees out of it, whatever. Um, and same thing with the drainage structures. Those would be theirs to maintain. Um, you know, we maintain um drainage structures that are in the public rightway but not on private property. Thank you. Yeah.

All right. Any anything else? All right. So, we'd ask staff to come forward with findings and alternatives. Yes, ma'am. The findings tonight are that the proposed recreation facility is allowed by right in the CG or commercial general zoning district. The YMCA development generally aligns with the future land use map of Envision Still Water 2045. Your alternatives tonight are to recommend the city council approve or deny the proposed map amendment as well as to table it. Staff recommends alternative number one, which is to accept findings and recommend the city council approve the proposed map amendment as presented.

Thank you. Well, the only concern I have really is if if the YMC ends up not building there, then it's just wide open to whatever under CG, but don't know how to address that actually.

Yeah, I I think I struggle with that, too. Um and and I had a similar thought um as you, Commissioner Fther, is if it could be public and that way there might be a little bit more um control over what went in there. Um I know I know that there's development in the flood plane all all across the US. Um we've got it in our in our city. Um I just don't feel like it's a best practice. Um, so it it's it's it's it's just it's um it's difficult for me to get there thinking that that if this were to be general commercial and I know they'd still have to go through and mean all of our city requirements, regulations, and I think it's been very worthwhile to um have this conversation this evening on what the regulations are that are in the interest of public safety and and protection of property. Um, so I think I think it's been a very worthwhile discussion, but it it I I I have a hesitancy to for commercial general or general right CG. Yes, commercial general. I I don't think it would.

We've already closed the public hearing.

You can go ahead. Okay. I didn't want to interrupt any public comment. I was just going to come say that u it won't do this particular proposal or development any good, but it might be wise looking at the land development code if something can be expanded in the definition of Pzoning to include something like this so we don't have to rely on a commercial general uh designation. We are currently looking at our zoning districts and to reclassify that now. Right now that's we're rewriting chapter 23. Right.

Is there a path to limit CG use via an overlay? Excuse that again. Sorry. Is there a path to limit CG use via an overlay? A PUD or plan unit development would be the path to kind of limit those allowed uses. Um, I believe that's the only tool we have to say we will approve the resoning but only with these specific uses would be a PUD or planned unit development. Okay. And I'm I'm going to ask I'm going to ask the next question even though I think I already know the answer. Um, is PUD allowed on public zoning? It is not, but that's also because public zoning I mean I guess it is technically but public zoning doesn't really have a list of allowed be needed

right if it was public right? So, I mean I it would be allowed, but there really wouldn't be a necessity for that. Gotcha. I just wanted to ask the question since it seemed like we were going down that path, right?

Yes, ma'am. I mean, on thinking about the reszoning it to CG and worrying that, oh, if the YMCA didn't build there, then it's just CG. That's kind of the scenario that we have any time that we're reszoning anything for any development. So, I don't feel like that's it's always a concern.

Well, and I and I think when we looked at what the um the um comprehensive plan has, it listed. Let's see. I thought I had I thought I made a note. Henry, can you remind me what it had listed? Yes, it has it listed as public.

Public and civic. So the I I think the former comprehensive plan, you know, recognized that this is an area that needs to be pretty careful in how it's developed and and what makes sense to go in this area and and so I think when it's, you know, public or civic, that gives pause to what gets developed in that area. And just for your consideration, um I did pull up the table of allowed uses just so you could see what other zoning districts if the use were recreation could be considered. Um for the use of recreation, it's allowed in O or office with a specific use permit. It's allowed by right in CB, which is commercial business, which is kind of the downtown zoning district generally. And then it's allowed in CG or commercial general by right. And then A or agriculture with a specific use permit. So we do have office adjacent.

Yes ma'am. Okay. So then I think it would be for me be a matter of looking at what the uses were in office to see how that aligns with the civic designation from the previous comp plan. And just for the clarification the current comp plan calls for civic and or public. Okay. And that's yeah, that's what I'm I'm thinking is looking at what the previous comp or sorry the current comp plan.

Okay. Um and I do have those allowed uses pulled up on the screen. If we can share those emails probably can't see it. Let me see if I can zoom in. I don't know how to zoom in. Sorry. Where did I end up? Sorry. [cough and clears throat] There we go. That would be with the specific use permit we have recreation. But I'll scroll back up so you can see all that.

[snorts]

I do have a clarification. I'm going to go ahead and ask Kim, our legal counsel. Um, I believe with this resoning request, planning commission could recommend a different zoning district, but they couldn't recommend a specific use permit because that would have to go through a notice and application requirement. Is that correct? It's my belief that they would have to recommend either approval or denial of this zoning from RSS and AG to CG. I mean, property owner would have to be the one that would have to request it to be reszoned O or other categories. Okay.

Thank you. They could piece planning commission members can establish that in the minutes that they recommend make a recommendation that applicant applies for a different zoning classification. But the question before them is is it appropriate to zone 2CG. Okay. Well, I think Commissioner Williams has a good point that we typically that's the case is we can't control what happens necessarily after something's reszoned. So, I mean, if the YMCA goes forward with the plans, which it seems like they would, then

yeah,

it's not a problem. Well, and and that I think the that that I that's kind of the crux of what we're all stubbing our toes on here on the on the zoning designation because the YMCA use is really seems to be more of kind of that civic um public because it it is a while while it's a it's a nonprofit and it's not owned by a state agency or or a city a governmental agency, it provides a service to the community. So I think then when we're thinking that it's it's a civic use and that kind of fits with the previous or with our current comp plan um going to commercial general here does not follow the comp plan and I think that's where I'm having a little bit of a disconnect um with this and I understand how we got here. I mean, everyone got here in good faith. Um, I just don't know that that's really the right the right answer for me, at least looking at this moving forward. Council, [clears throat] can we can we do anything with a PUD recommendation

tonight? The question is whether or not the map amendment is appropriate to reszone this property to CG. However, you can establish on the record minutes of what you would like to see or recommend. Um, but the question is the vote would be whether or not CG is appropriate. So, I'm curious if you're thinking that this is not the right answer because the way I'm seeing it is the YMCA at this location would be a good use in agreeance with the comprehensive plan, but because of the way that our code is written, the use needs to be with the CG or a different lesser zoning.

So I have I mean you see what I'm saying? So I'm just asking what year personally I have I have two issues. One I philosophically think it's it's not a good practice to develop flood plan regardless of what the zoning would be period. Okay. Um, beyond that, I'm looking at our comprehensive plan, and our comprehensive plan says public or civic in this area, not commercial general. But you think that the YMCA fits a public or civic?

It it it appears to me Yeah. [clears throat] because of the ultimate service it's providing for the community. Even though it's it's not it's not a publicly owned, it's not a governmental agency, it does provide that community service, but because of the way that it's set up, we can't zone it public current. Yeah. Currently, the way that that we have things in our land development code, we don't we don't have a straightforward path to this from from where I stand. Now, there's four other people here. So, that that's just that's my thought. I know. I I was just trying to wrap my head around Sure. Sure. Your thought process there. And I hope I hope that's I did that in a way that's clear.

I I do understand. Yes. Okay.

I think my opinion is that the YMCA is a good use there of that land. The way that our code is currently set up pretty much puts us at commercial general or a lesser with them having to get a specific use permit. As far as the flood plane goes, I understand thinking that it's just not the best practice. However, for me, we do have guidelines set up and engineering set up to allow that to happen. And it appears that they have gone through the work to make that happen. So unless there is a office or what was what was the other zoning usage that was said?

So I said agriculture. Did you say that? Yes ma'am. It was office or agriculture with a specific use to allow recreation. Yes ma'am. Or CB which is the commercial business or CG with Right. Yeah. So unless we think that one of those with a specific use permit would be better, then I think that this is the best option. Yeah. I and I don't I don't know that agriculture would allow the building of the structure because agriculture only allows like um accessory structures. Is that correct?

Um you you would be allowed to do this in agriculture with the specific use permit because the specific use permit would allow you to do the recreation use. Um just like right now if your property is zoned agriculture you can still build. Yeah. So then the so the like a building structure and and associated parking if it was in a in a special use permit would be allowed in agriculture.

I'd have to look at other technicalities like for example the lot coverage I think is a lot lower in agriculture. So that's something that if you were to go that route might need to be in a PUD or plan unit development to change some of those rules. Um cuz the specific use permit can only allow the use. It can't change the regulations. Gotcha. But can't say off the top of my head whether that would work or not. Okay. Uh while being sensitive to these concerns, I'd like to go ahead and make a motion and see see what happens. So, uh I'd like to move that we accept the findings, recommend that city council approve the proposed map amendment as presented.

Second. We have a motion and a second. We shall now vote.

Motion passes. 41. Next item on the agenda is to receive public comment regarding a text amendment and that's text 26-03. We shall hear from staff.

Yes, ma'am. This is a text amendment to amend the allowed uses in the CV or commercial business zoning district. Um, we'll get into all those technicalities in a second. Here's the definition. We're not proposing to change this definition. I just wanted to make it clear what we were talking about tonight. So I'll go ahead and read that definition. We have vehicle equipment sales, rental and service means establishments primarily engaged in the sale or rental of personal or commercial vehicles and equipment and which includes incidental maintenance and repair facilities and establishments that sell, install and service vehicle equipment and parts including body repairs and painting. So that is the general use that we're talking about tonight is that definition. Um this is the CB or commercial business district allowed uses. We have a list of all the uses permitted by right, which I'm not necessarily going to go through. I'll just leave this on the screen for a second. Um, we're proposing to add vehicle and equipment sales, rental, and service as a specific use permit. Um, as some context while you kind of look through those uses if you would like. Um, whenever we were preparing for this, we found five different uses in the CB zoning district, which is primarily around the downtown. Um, one of the key components of the CB or commercial business zoning district is reduced setbacks. A lot of times there's a zero foot setback, um, picturing these downtown buildings, you know, the buildings above each other.

Um, also a lot of times there's exceptions for parking to allow you to do public parking for the site instead of parking on site being required. Um, are just different exceptions that kind of make the CB zoning district unique. Um so while we were looking at the CB zoning district, there are five current uses that would fit into this category um that are currently in the CB zoning district. So this proposed text amendment would allow them a path forward to compliance. It would not at all require any of them to come into compliance. This would just be relevant if they were to, for example, move locations to another property that's also zone CB or if they were to expand their existing location. Um, as a non-conforming use, you are allowed to be a non-conforming use. That's allowed to stay there. We're never going to kick you out. Um, I guess I can't say never, but we're not going to kick you out with this text amendment. Um, but you're not allowed to increase the non-conformity, which means you wouldn't be able to expand that use. Um, so this is just to allow that a path forward. Um, we decided to go with specific use permit because it does still require that that any one of those uses that wanted to be allowed in CB would have to come before planning commission and city council for a public hearing. Um, there's also a very long list of conditions that would be that are allowed to be set by recommended by planning commission and set by city council for a specific use permit. So it would allow those um allow adequate safeguards to be put in place to make sure that any proposed uses in the future would be appropriate for the proposed location. With all that, I'm open to answer any questions if you have any. Yeah, just to make sure I understand from the table that you had up on the screen, did that um this particular use that we're talking about, was it in the permitted by right and it's moving over or it just wasn't ex didn't exist at all?

No, sir. Right now, it's not allowed at all in the CB zoning category. So, it's being added in for specific use. Thank you for clarifying. I should have pointed that out. [snorts] Any other questions for staff? Yeah, you said you found five that exist. Just to give me an idea of what we're talking about, what what are a couple of them? Um

I don't know if I should name names or not. There's um a couple mechanics. one right off Lewis, one on Main Street, kind of on the corner of Maine. Um there's a different mechanic further south on Main Street, as well as a um I believe it was like a used car dealership um kind of west on Maine. CB goes a little further west than you might picture downtown. Okay. Um so also on Sixth are some of those uses. Yeah.

Thanks. That helps. Any other questions for staff? Okay. All right. So, at this time, we'd open the public hearing and ask if there's anyone in the audience that would like to speak in favor of this item to please come forward. Seeing none, we'll ask if there's anyone in the audience that would like to speak in opposition of this item to please come forward. Seeing none, we'll close the public hearing and ask staff to present findings and alternatives. Yes, ma'am. The findings tonight are that the proposed text amendment provides a potential path forward for the existing vehicle and equipment sales and service to come into compliance. And the proposed text amendment allows city council to review and impose conditions on any request for vehicle service sales and service within the CB zoning district. Your options are tonight are to approve the text amendment, conditionally approve the text amendment, to table the request, or to recommend the city council deny the request. Staff recommends alternative number one, which is to accept findings and recommend that the city council approve the proposed text amendment.

Thank you. I'd make a motion to accept the findings and recommend the city council approve the proposed text amendment to section 23-152. Second.

We have a motion and a second. We shall now vote. Motion passes 5-0. Next item on the agenda is the meeting summary for review and possible action. We have the regular meeting summary from January 27th. Does anyone have any corrections or additions? I don't have any additions or corrections. I was going to wait and and do something after you're done with that.

Okay. Very good. So, I I move we accept the commission meetings as provided. Second. We have a motion and a second. We shall now vote.

Motion passes 5-0. So, the next item on the agenda is miscellaneous items from staff, planning commissioners, or city attorney for discussion and possible action. Yeah, I just I just wanted to introduce real quick Ann Kina. Um Ann is a new civil engineer in development services and she's been uh she's not new to Still Water or um I mean she's relatively new to Still Water. She has been in the engineering department for um the last I don't know six seven months and she has now joined development services. So, she will be um reviewing all of the improvement plans, drainage studies, flood studies, um all the good stuff uh that you know, some of it which we've been outsourcing and some of it I've had to do. And so, thankfully we have an who is a uh tenure civil engineer. Uh she comes from uh earlier stints in Conro, Texas and Waco. Um and so we're really excited to have her. So,

wonderful. Welcome. Thank you. Anything else? Okay, we do have our next regular meeting on Tuesday, March 3rd. And the last item on the agenda is adjournment. Do I hear a motion to adjurnn? So moved. Second. We have a motion and a second. Motion passes 5-0. We stand adjourned.