Board of Zoning Appeals - Regular Meeting

Wednesday, September 10, 2025
Transcript
Video
Agenda

About this meeting

Government Body
Board of Zoning Appeals
Meeting Type
Board Of Zoning Appeals
Location
Danville, IN
Meeting Date
September 10, 2025

Transcript

72 sections (from 285 segments)

0:02 – 0:450

I pledge algiance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible with liberty and justice for all. Thank you. Let the minutes reflect that we have six of our seven here tonight. Everybody have a chance to read the minutes of the last meeting? I would entertain a motion to approve. Nobody has any changes. I move to approve the August 13 2025 minutes. Have a motion to approve. Do I have a second? Second.

0:43 – 1:200

Motion a second. All in favor signify by saying I. I post. Okay. Old business public hearing date label Incorporated. Dale Cruz Cruise Consulting. You're up.

1:17 – 3:050

Thank you. Dale Cruz, Cruise Consulting, 734 Business Center Drive and Avon on behalf of Daily owned by Jason and Tommy Walker. Their business is currently located in Pittsburgh. They're excited to be moving to Danville and we're happy to be here helping with that move. The property is uh located on Main Street. It's right here. This is where the old bowling alley used to standard 400 east where the bowling alley understand golf course used to be over there. They bought this site a few months ago to build their facility here. They label um they distribute a lot of things that we use every day. They distribute uh first aid kits. They distribute labels like the they distribute the tape that is in a credit card machine. They distribute u the the things the paper towel holders that are in restrooms. done. So, a lot of those type of materials are what they distribute and they're going to do that out of out of this out of this facility. They have about uh 8 to 10 employees now. Their goal is to have potentially have up to 20. You may have to go right. So this is the existing site. This is parking lot used to be there when the bowling alley was there. And then there actually used to sit right. Can you pull it just a little bit please?

3:06 – 5:050

This the bowling used to sit right there. So a lot of remember where that uh building was going to be able to use this parking lot. Parking lot's in sour shape. We had an asphalt company parking lot's in terrible shape. So our parking lot has got to go and we're going to going to rebuild our go to the next slide please. So this is our cycling. So coming in off of Main Street in where the old drive used to come into the bowling alley and then this asphalt is actually new asphalt. We're hoping to use some some of the existing that that works. So we got uh 19 parking spaces along the west side of the building. There's because of the zoning that is surrounding us. It's all residential. We get to have a 50 foot sideyard side rear yard. So, we're off of all three of these property lines by at least 50. This side's a little more. This side's about 100, but this one's 50 off. This one's 50. And then, and then we got a building that's about 9,000 9,000 ft. It's about 9,000 square ft here. Um there's um the office area is concentrated in this corner. It's twotory. There's a ground floor office and then a mezzanine area above. And then the rest of the building is used for their distributing, storing, and around their the items that they sell. Um go to the next slide. Yeah, there. So, this our drainage plan. The site today basically drains to the to the northeast and a lot of the drainage is collected along the east property line and it discharges into the old apartment property that's to the east of us. There's a a pipe that goes underneath their driveway right here. So, we're proposing to collect our water send it through what we're calling a rain garden in this area right here and sending it through that pipe. I've talked to the this this property has recently

5:02 – 6:250

been sold and I talked to the engineer last week that's doing site design for this. We talked about this being a drainage outlet for our site and they're going to accommodate accommodate solution. Surprised when they show up with their development plan surprised that that's where our drainage is going to be going. Uh we can probably go to the next slide. Um I guess so quick. This is our utility plan. We got a sewer line that actually doesn't go sewer actually goes to West Central Consery District right out in 400. There's manhole up here. Our sewer is going to go to this West Central Consery District Manhole. Our water will come from the water main that's on the north side of Maine. Water will be served from there. We don't have to sprinkle this through. So we just have pretty much on the household water supply here. It's basically what it's not we're not a big part. The next slide just a little detail of the rain garden. It's just basically a flat bottom detention area with some wet white type plants we planted in it. And um the next next slide next one

6:340

I put a blank there if I want to make sure I have Don't want to show that here.

6:41 – 8:380

Okay. So, landscape plan. This one actually was a little bit of a challenge. Landscape coordinates is incredibly overbearing. Incredibly overbearing. When you have an industrial district next to a residential residential or residential district, incredibly, it needs checked out. So Lisa graciously allowed us to uh present a plan that I'm alternate that uh we felt like was met the intent of the ordinance. It's got plantings that are grouped all the way around the perimeter. If you pull this down a little bit so we can see the top. Same thing along the road. So we have group plantings along the road. These are supposed to be similar. The idea was that these would be similar to what the neighborhood across the street has. And the neighborhood across the street has a pretty nice looking landscape. Their streetscape along the is a nice looking streetscape in my opinion. And this was intended to be somewhat similar to that. So while this is different than the uh than the ordinance would require, it still is a heavy duty landscape plan. And I feel like we've Lisa and uh in the landscape that design this thing have come up with a plan that's that's acceptable. And I think it'll look think it'll look nice once when it's all done and implemented. Um, next one. So, this is the building. Uh, so Scott Perkins with Black Line is here. If you guys have some points questions about the building, I know enough about the building to be Scott and he can cover the rest of that. Kyle Wen with Great Construction is also here and he can speak to the construction timeline and all that if you have question about that. But, um, this is the building. This is the front face of the building. This is facing uh main street. One overhead door, couple man doors, some glass, metal, and

8:36 – 9:190

this brick. Uh the brick is on the bottom left. Scott Perkins black line 1043 Virginia Avenue architects for the project. So the lower right this this area is a is a masonry product uh intended to look like limestone. There's there's a combination of different metal panels and what we've proposed is what are called concealed fastener panels. So they're basically smooth face. Scott,

9:160

can you speak closer to the microphone? Yes.

9:260

Okay. So, um that this is this is

9:410

just hit the minus there. Right at the top.

9:46 – 11:370

Yeah, that's great. Okay. Um yeah. So so what we what we proposed is a is a series of different metal panels what we consider an architectural metal panel or premium metal panel. So this is this is one of those ail fastener type of panel. So the screws will go through this kind of leg. The next panel comes in. It screws go in. So that um when you look at it you're not seeing a pattern of screws on it. You're just seeing the smooth panel with kind of the pencil line anybody knows. So, we've got three different kind of panels proposed there. We've got a um wood look, excuse me, woodlook panel adjacent kind of surrounding the office area, kind of a a natural looking wood finish. And then the masonry is um it'll be a larger unit, but it's intended to kind of look look like limestone. So, um, basically our challenge with this is trying to walk a line between achieving the intent of the ordinance, but also delivering a building that our owner is really excited about. And this is really um, kind of consistent with images that she showed us and so forth. So, again, we feel like it's um, you know, cost standpoint. Kyle's already on this as far as the the cost of of the materials, but you know, we'll continue to work through that process, but again, Lisa's been very great working with us to come up with with what we feel like is pretty handsome contemporary looking building um that that owners really excited about as well. So, it's a good looking building, by the way. There's a lot of different uses of metal and stone that makes this building unique and there's anything like it in town. I do have one comment.

11:36 – 12:180

Yes, I have. I was going to ask a question. Yeah. You want to go ahead? Yeah. Uh would you back up to the site, please? Okay. I realize there's a 12in water man on the north side of that road and there's an 8 in water man south of your new building. Wouldn't it be more cost effective to run off the 8 in than the town to have to run a service across that highway onto your property set meter pit for that building? I love that idea.

12:15 – 13:530

I love that idea except for the fact that the water line that's in this community down here in this development down here is not in. So, we technically don't have permission to get to that water. So, we're working with Kyle is Kyle Wooten is working with the owner of that facility to see if we can get an ement to get to water line and cooperation with Barry and the town to get an ement for along the length of the water man. So, currently we can't do that, but that's our goal is to be able to do that before we actually install the water service. So I think an alternate plan if you can't get ement because we know firsthand that we have another project that they cannot get easement so they completely redesign where the discharge is um it's not the same here it's storm water runoff but here if you guys can get the easement I'd like to have two options one would be to sleeve the poly line underneath 36 or set the meter on the short side so that the town doesn't have to open or close that road if that line goes town doesn't really want the responsibility to maintain that service line. I know we have them all over town, but now our ordinance requires a sleeve for long side service lines. So, if we can put it in a sleeve so we can easily pull that line and replace it if it does go bad, I'm acceptable to that. I just don't want to be cutting that road up in as much traffic as that road gets. The work that we've done, it's really a nightmare to try to work on. So as we get these like to see the sleeve or put on the short side.

13:52 – 14:330

What size of water line you talking about? Probably one inch line at the largest or probably a oneinch service line at the largest and a smaller meter. And I realize what that does if you were to do a 2 in the larger size or the more expensive it gets. Those are two things. If we can't get the easement know talked about halted and nothing showing up I think that's a good alternative and to keep the project moving. If there was a motion for approval I'd like to be able to get those alternatives so we can move forward and we're all clear on what needs to be done.

14:31 – 15:140

Okay. Are you going to be able Are you going to be able to do anything about the telecom lines out front of the along the run along there? Have those raised or buried? I'm just looking at the street view and that's going to be so if they're too low then they'll have to be raised. But to bury them is probably not probably won't be a thing. They probably just have to be raised times when to try very just one short section is difficult because it's different type wire, different type of setup. They want a very long stretch. So raising it would probably be the concern.

15:13 – 15:570

I think you're probably going to have to do that pretty low. I don't know if you need a truck in there. That's your problem though, Kyle. That's something to look at. had not noticed that but would be the first time we'll have to get in touch with the like I said it's telecomy I'm sorry you need to come up if you're going to be if you're going to speak because we can't pick you up back there I'm sorry Kyle Wooten with construction 25 so yeah basically we're saying that uh that's something we'll definitely have to look at not noticed that but wouldn't be the first time so we'd have to get in touch with the telecom community or whoever company or whoever it might be in order to look at that application.

15:59 – 16:400

So, who owns the water line? The 8 in water line. Town does. The town does. Who's the easement belong to? Well, there's not the easement. Um, that's part of the problem. I thought you said there was an ement. Not on the 8 inch line. There is on the 12. Yeah, there is. There's what's called a prescriptive easing, but that doesn't allow them to cross the property private get our water. It's kind of a loose term. If it's there, then we have the right to work on it. But as far as somebody else tied to it, but it be private company, that's where it gets into some very areas more than gl.

16:41 – 17:230

Yeah. Hey, we can't exercise eminent domain in a situation like that to take the easement because it would be for a priv a use at this point. So, it's not a public use to take it. So, since that line's already there, just has to be negotiated. They probably never know who you were tied to once you get these. Okay. I mean, you don't use that much water. Yeah, I understand. I mean, they would never know once you're on it. They probably wouldn't. I'm not I'm not advocating you try. I'm just saying that more water you're going to use is not going to affect the capacity that you probably need. Probably a lot,

17:24 – 18:060

right? I I think there's options that doesn't create a lot of headache and a lot of hard work for you guys and design and the owner because not that big of an impact, but we got to have a way to maintain that line because that's going to become our line. If you set that meter on short side, that service line becomes an extension of the main. So, we're going to have to maintain anything up to meter pit. And that's why we try to make it as inexpensive and less impactful for the citizens and the people that are traveling down the road. We pull the blindf in I assume you're want to get started pretty soon. Tomorrow,

18:07 – 18:400

how much customer? They don't have a lot of customer traffic. They're not a retail store. So they don't they're they're they would have a maybe somebody they're going to try to sell to like a new sales um stop for them that they might be trying to put a new customer but they don't they're not retail shop so they're in and out is not not a lot. The reason I asked I think you said potentially up to 20 employees but only about 20 parking spots. So just wondering if adequate parking for customers.

18:38 – 19:340

Yeah that's because they don't have many people and out today. I think once you guys start to expand the project, there might be some requirements for some road improvements at least on the ASL. I don't know what would trigger that, but at what point do we look at that? I don't know if that's now or later because I I know that there's just the entrance basically stay the same. Yes. They do have room for expansion over here and they could even expand up this way, make the building L-shaped if if growth came that direction. So maybe the would revisit the the entry out here when they would do when they when they would ever do an expansion.

19:30 – 19:490

And it also depends on use. Yeah, that's all I have. Just thing. I think the project nice project really looks excellent. It's another property on tax and it's a nice property.

19:50 – 20:210

I'd like to add the we work together with the owners, the architect, um the engineer um and they were very they were very easy to work with and very accommodating uh with suggestions to uh comply with the ordinance. Um there are areas in our ordinance that does allow administrator administrator and bank commission to modify some of these changes and I think they've done a very good job of of doing that.

20:19 – 20:520

Thank you. Likewise been very receptive. That's how these things come together. how we end up at this voting this by doing this communications work. So the landscaping plan that we looked at so that was done with you and was I I didn't do it but the landscape planner and Lisa had some back and forth

20:47 – 21:420

the original plan that they had was very um unattractive in my mind. So, it basically just drew a box around the whole entire parcel. Um, with the design that they have now, you go to that. Um, I suggested maybe they do like groupings instead of just a solid wall of trees. And I I think what they've done, it probably doesn't, but uh they're using existing trees. They've calculated those into this. And I think this looks much better. I don't think we want um we don't want a project or a business to be completely covered up by fences and landscaping. I in my opinion I think this is very nice.

21:38 – 22:140

I think that's very attractive. Most of those are shrubs then and you use existing trees and then just add is it mostly lower shrubbery or there trees being there? Most of Go ahead. There's a lot of trees, lots of trees, different varieties, deciduous and evergreen mix. All all of the larger circles there would be the the deciduous type larger larger tree shade trees I think working off the town. There's a tree list in Oregon. Yes. So

22:11 – 22:530

it'll be off that. This symbol is never those are those are scattered around too. And it's safe to say that this is kind of a unique site that's completely surrounded by residential and I hate to see a nice building. You not be able to see it with all the landscaping. That's what Lisa is talking about is basically you have a hedge wall all the way around. It would look like Fort Knox and then behind that wall is a beautiful building. Well, and and and all the effort that they went to to make the building to give the variations of the building. Um I think we want to see that, you know. So,

22:58 – 23:360

so usually go through the staff letter, but in the staff letter, there's not really anything to help. So, I'm gonna not go through the satire. Anybody have any more questions? Okay. Okay guys, at this time we have three options. We can approve the site plan, deny the site plan, or approve the site plan when conditions are. Excuse me, Mr. Thompson. We have to open the public hearing. Sorry. Okay.

23:33 – 24:540

Oh, yeah. We did have to Sorry, this is a public hearing. So, is there anybody in the audience that would like to speak on this project? Please step forward and give your name and address and say your piece, please. Nobody moving. So, at this time, I will close the public hearing. Now, I repeat what I said. We have three options to approve the site plan and deny or approve the site plan with the conditions. This time I would entertain a motion. Mr. President, I move that we approve the site plan with the conditions that were outlined in the staff letter uh with regard to landscaping and additional comments uh which met the acceptable compliance with the ordinance but not to the letter and with the what Barry brought up as far as the uh water line sleeping. Okay, we have a motion. Do I hear a second?

24:53 – 25:120

Second. We have a motion and a second. Roll call, please. Mr. F. I. Mr. Harvey. Hi, Mr. Thomas. I miss Howard. Hi, Mr. J. I vote as well. Motion carries 6. Thank you.

25:10 – 25:460

Thank you very much. It's nice looking. Yeah. Under new business, we have some amendments to the ordinances proposed tax amendments for United Development or Unified Development.

25:48 – 27:470

Uh yes. So in the past, I would say I don't know three or four months, there's been a lot of discussion um that's been had about aes. Uh we've got a lot of properties that are annexing into the town that are currently agriculture uh crops. Um so the question came up um you know how do we fit those agricultural uses into our ordinance because really we don't have anything agriculture in the town of Danville. So um so that's what kind of precipitated this this ordinance amendment. Uh what we've done is actually added um I'll just go down. There's uh four different ones uh that we've added to the ordinance that are strictly related to a uses. Um so we we amend I'm requesting that we amend the table of permitted and special exception uses by adding an agricultural low intensity which is basically going to allow crops um not farm animals or anything like that. Uh then uh the concern there was a concern about so if they wanted to build a barn to store their tractors in or straw hay whatever it might be um do we really want to put them through the process of going for a permit and having to meet architectural standards. So so this section will amend this is an amendment to uh not require a permit for accessory structures. Um the next section has to do with with the uh design standards which basically is not requiring them to put up masonry buildings. So you know you're it'll be a typical if if they put up a structure be a typical probably pole building for storage of uh farming or farm equipment or for materials. And then lastly, we had to uh add a definition uh for

27:44 – 28:260

agricultural low intensity, which also is cross reference to a agriculture uh crop. So that's pretty much uh the amendments in in ordinance number 18 that we're requesting. So this is just basically the low intensity kind of spells out crop production basically right. Yes. So just to clarify an example for bees in the orchard they would fall under that with their crops their crops would follow that.

28:23 – 29:060

That's correct. So this how what's the the as far as the definition is there a a land like a a minimum number of acres or anything like that? No. So like my the vacant lot that I own off of Wayne Street. I could plant sweet corn in there and say that it's and then build a a barn. If you're if you're if you're selling a low intensity. Well, you wouldn't be zoned, but yes, technically you could. So, I would just have to change the zoning of that parcel to low intensity, right?

29:04 – 29:440

Okay. Not going to do that. So, so for the most part, small wads aren't going to do that. This was really truly was to try to protect the farmers so they can continue their current business as a farmer. Um, a lot of these properties once they sell and get developed then they're they're all all of the annexations are already going to be zoned. Yeah. Like industrial, but this just allows them to continue that operation. Do we have the definition yet for agricultural?

29:42 – 30:250

Everything is in your packet. So if you scroll to I there there's each section shows the change. So there the first one is the table and then I put a side note on what it looks like and what what it's going to change too. Sorry. Oh, that's okay. I think another thing to add to what Adam was talking about if somebody were to resone that would have to go before the council and it have to fit into the master, you know, open. We didn't really create a zoning district. We just created a use that would be permitted. If you look at that table, you can see where those agricultural low intense uses are permitted.

30:26 – 31:230

I I'm certainly in favor of this when viewed for the purpose intended. bit of a question kind of piggy back off of Adam that there are always people that will and the rules to the maximum extent. What keeps me from planting watermelons and cucumbers in my backyard and saying that's agricultural and building a shed back there. You know, I I think you have to look at is that are you is that it okay? I the way I see the difference. If I want to plant watermelons in my backyard, I can do that. It's my property. I'm not selling them. I'm not taking them to the market. It's just I'm going to grow some watermelons, cantalopes, whatever it might be. Um, you can do that.

31:22 – 32:040

So, I take them up to the farmers market, sell them. So, I'm I'm agricultural. I'm just saying you could I will be people that will push that. Yeah, you could pick fits all day on this. I feel like what Dave said, it it would be people more avoiding having to get a permit to put a put a shed or bar or anything up, right? How do we guard against that? That's my only concern. Yeah, it's kind of the same thing how we guard against people with tall grass. We we send letters. We do our due diligence. There are going to be people that don't. We just got to and it have to be reszone for them to do that. We're not creating. It's just a permitted use,

32:03 – 32:460

right? We're not creating a zone district. If somebody puts up a building and they said, "Well, I didn't get a permit because I'm going to throw some watermelons in there. That's kind of a stretch." Yeah. You know, I mean, I think you're going to have to be able to validate that it is an agricultural use. Yeah. One of by definition one of things I'll mention is usually in the conversation when you start talking to people about permits and how we're going to use it they usually turn themselves in just by having mere conversation of how they're going to use it what they're going to use it for at that point then there's going to be a conversation between the zoning department building department how they're going to use that and if they're trying to if that's their intent then we're not going to shoot

32:44 – 33:290

yeah I mean we're going to have people it it's the same thing and really one of the things that kind piggybacked on this was um allowing chickens. So, you know, we I tried to write it so that that that was covered, but we have people that have chickens all over Danville. Um they just do it, you know. So, you're always going to have that that handful of people that are going to do what they want to do no matter what. I was just getting ready to ask that question because if you bring in a farm that has a farmhouse on it, partially they don't have large farm animals because they're grain farmers, but they have chickens and chickens aren't allowed, right?

33:27 – 34:000

How are you going to handle that? We're not going to allow them. Well, that's kind of not the conversation here. The conversation is accessory building and accessory. So at that point, you know, if somebody comes in and says, you know, I'm not getting a permit because I'm using crop production. That's my business. It's already zoned residential. They haven't been using it that way. That's going to be a major stretch. And I think that's how you handle it. You tell them no, they don't qualify. I'm going to go out and build the building anyway. That's where it gets really difficult. Yeah.

33:58 – 34:330

Because now you got to take action. And that's the hardest part is this is not perfect, but the intent for this was whenever we annex properties, they continue to use that property the way they've always used it without penalizing for annexing. I think that is 100% the intent here. It's not the existing people in town now saying we're going to do some crop production. And there is some differences between crop production and and melons and and corn because

34:31 – 34:530

you know because they look at that that value differently because when we had to purchase right away or easement the value is different between crop production and somebody doing melons it's just a whole you can't cover it all in one. their livelihood. Well, it's different farm, right?

34:59 – 35:350

Are we going to discuss them all before we vote or vote on individually? Whatever you want to do. I mean, they've all been presented under one ordinance. They are all on the same ordinance. All what we've discussed is under ordinance 18. So, um, and you want to have separate public hearing for each of the orders. Correct. You have 18 and you have 19. Right. Yeah, they're two separate things. So there's two. Yeah, there's two ordinance amendments. 18, which is all deals with all of the agricultural and then 19 is what we will discuss next.

35:43 – 36:250

Any other questions? I would entertain a motion. Public hearing. Do you have a wish to say anything? I'll open it up for public hearing. Public hearing. Mr. Thompson. Maybe I have one more question. Is it just so you can answer me? can ask under the agricultural low intensity of the chart why the permission is not in general business.

36:23 – 37:080

We just felt like that there you wouldn't have an agricultural uh crop in the middle of a business district. But if I have so if I buy five acres of farmland that is zoned agriculture low intensity it's not going to be zoned agricultural low intensity. it it may be zoned R1, R2 or R3. Okay. So, what we're saying is if you have a 5acre tract and it is a residential property and you can put in I don't know maybe a three acre alalfa field, you can do that and

37:06 – 37:510

if it's in an R1, R2 or R3, the selling in that is the difference. Well, and then if you want to change the use to a business, you're going to have to come and reszone it, right? And so that would then take that take that option there. Okay. Okay. Any other questions? Okay. Entertain a motion. I move that we forward a favorable recommendation for text number 18 amendment to the town council. We have a motion.

37:47 – 38:290

A second and we have a second uh roll call please. Mr. Pot. Mr. Harvey. Hi. Mr. Thompson. Hi. Miss How? Hi. Mr. Chad. Hi. I vote I as well. That's um vote 660 6 and motion passes. Now we need one for ordinance 19, right? No, no, that's a separate item. Ordinance 19 is a separate item on the agenda. Oh, it is. We have not discussed that yet. Yeah. Yeah. So So 18's over,

38:270

right? Sorry, that's okay.

38:42 – 39:000

I don't see it. Oh, there it is. Proposed tax amendments for unified development or properties within the town of Danville versus Town. Is this the one? Yes.

38:57 – 40:460

Okay. So there are um I think five in this list. Um a lot of these are just um modifications um to the ordinance. Um the first one what we did was um and it was basically an oversight in the new ordinance. We did not allow for multifamily uses within the court or within the central business primary and secondary. So if you have a business on the square and you want to redo the upper story to apartments, you would not have been allowed to do that. So this is is really just kind of a correction of that. Um the second item, uh fence and wall location. Uh the way we had it written before is you could build a fence up to the property line or on the common lot line with a letter from the neighbor. So that got a little bit kind of hard to enforce because, you know, they say, "Okay, well, we're six inches from the line." So, we want to be able to maintain if somebody sets their fence inside their property line and not on the co common line, we want to make sure that they can maintain that property in between fences. So we are proposing uh a two foot 24 in that they have unless it's sitting on the property line they have to be at least 2 feet inside the property line. So if they can put it on the common lot line with the neighbors letter that's fine. Both neighbors are going to be mowing right up next to that fence. if they want to set it inside their property line, it's a minimum of two feet so they can get access to mow.

40:460

Okay. So, um does that

40:50 – 42:070

comment on that? Because we've been fighting fence permits well since I've been here. Um, but when they did this, when they put that language in there, Lisa and I debated over this hundreds of times and we thought, okay, we're going to put this in effect and see how it kind, you know, kind of how it works itself out. But the problem is is like Lisa said, somebody comes in, they move it a foot off the property, the other neighbor moves it a foot off the property, let you two feet between. And what happens is is usually when somebody puts a fence up, especially a privacy fence, they don't ever see the other side. And then we go on the other side and we see grass two, three feet tall, it makes it almost impossible to maintain that space between those two fences. And rule of thumb when I talk to people, I'm like, whatever your mower width is, pull your fence off of your property line that width so that you can maintain both sides of the fence. That's why this is in. And I think this corrects it because if they go up to the property line and share it, it's not a big deal. But either one doesn't go to property line. Now you've got four feet between there to maintain. So that literally gives them plenty of space for each property owner to go through there and maintain. This is another kind of a overight

42:06 – 42:170

kind of a clean up really. It really cleans up the fences and they're difficult enough to lay it.

42:13 – 43:390

And then um the next one is uh basically um it was a typo um that it's a change. There was a section it should have been uh 4.05G. The ordinance says 5.04G. Um and then let's see here. Then the the next item is um section 4.09. Um a table um and it should be 4.10. So that is a correction. Uh lastly, for some reason, I don't know why, but when the new ordinance was done, we did not catch that site plan or development plan uh processes do not require public hearing. That's how we have it in here. We're correcting that to say that it does require a public hearing. So, so this ordinance just is basically cleaning up items that we have found um over the last year, a little bit more than a year, um that we probably figured that we would find some some issues. And so we're just going to try to [Music]

43:37 – 44:140

That's a big document. It's easy to make a small list. Yeah, really is. It's a big document. A lot of time spent on it and it's easy to miss these things. The fence one just I I don't know how easy it feels, but it kind of makes my brain turn to rush because the fences are difficult to issue especially when you have an ebook that's 25 ft. Your backyard is 20 ft or fences all the way up against the properties. So I know that's going to come up eventually specifically on one development.

44:11 – 44:250

Yeah, this this is good. I think this is good. Any other questions?

44:29 – 45:020

Not all this is common with the property. Well, I'm I'm sorry I didn't hear the question. I didn't know if this would change that the ementos. No, they they cannot be located within an ement period. So, the the distance off the ement. I didn't know. No, no. They can go if there's an easement, say they have their property line and that's a 10 foot easement, they can be right on that ement,

44:59 – 45:480

right? [Music] Anything else? This is a public hearing. Once again, I'll open up the hearing and you say you don't want to say anything. Public hearing closed. Now, I would entertain a motion. We can either favorably recommend these, unfavorably, recommend, or continue. Council. I move we approve ordinance 1920 2020 19 2025.

45:46 – 46:280

Okay. We have a motion to approve. Do I hear a second? Second. Just so that it's clear on the record that that's a motion for a favorable recommendation to the council. Call Mr. Proto. Hi. Mr. Hurley. Hi. Mr. Thompson. Hi. Miss Howard. Hi. Mr. Chad. I I vote I as well. Motion carried 6. This is on the council agenda next week. These text amendments will be going before the council next week. Okay. For approval or deny.

46:250

We have one more item. Town of Danville Town Hall.

46:32 – 47:200

Yes. So, um, whatever that date was, the first, it was September 3rd, the design review committee heard a request to place an EVMS out here in front of the town hall, which is an electronic variable message sign. Um, it will replace the monument sign that we have here. Now the reason that um or they did go before the board of zoning appeals and got a approval to do that because they are not permitted within the corridor protection overlay district. Uh so they have been to the board of zoning appeals for approval. They've gone through design review for approval of the sign. So now you're basically just giving a blessing that you like the sign and you can't wait for it to be around.

47:19 – 47:530

I like the sign, but it needs to be moved 15t north north. which mean you'd have to take out that is that what is the name of that um embroiderer what is the name of that what it was up for sculpture I think it's nimrod nimrod well I think that's what it's called but I think you're right

47:50 – 48:340

so this sign is going to go in the exact location. It's a little bit taller. Um it's like 2 feet above uh taller than what is is allowed, which is one of the variances. And then of course just being able to allow that type of Who's going to be in charge of changing the sign? Uh probably our community engagement coordinator. It'll be done digitally so we don't have to change. It's very easy. and it will just um we will just be putting events, town events and things like that on it. So, it's not going to have any commercial advertising or anything like that. How how does it compare to the one down in Ellis Park?

48:31 – 49:130

It's smaller. Quite a smaller, but kind of the same thing. Look like the same style. It is. It is. You know, following the same town theme and um you know, I I think that sign is pretty nice down there. I think this will be too there will be landscaping around it as well. This looks nice. Easy went through. Yes. So this town events or what's happening in town hall etc etc. Uh does this does that include like the Lions games or the

49:09 – 49:430

They were um given the option to do that um but they declined and um so they will still be posting their little real estate type signs or garage sale sites signs out in the parking lot or out in the lawn. and will Lacy is the one that presented this to the design review committee and the horizontal bills. So we just need to take a vote to approve that. Yes.

49:45 – 50:210

Motions. I'd entertain a motion to approve the new sign in front of the town hall. I'll make a motion that we approve the cow EVMS sign. Second motion and a second. All in favor? All in favor sign I got any other business?

50:18 – 51:020

Um no. We seem to be annexing a lot of property. Um, I met with someone today about a parcel that is owned by the hospital that they are wanting to annex into the town and purchase for a business. So, that's great news. Um, Barry, can you think of anything? Well, we have the VP open. VP open. Yes, I filled up with gas for 30 cent cheaper than here. Yeah, I better get it now because it'll go up here pretty soon. That's a grand opening special. Um, I went inside. There's a lot of stuff in there. There is. Yeah. Town's working on

50:59 – 51:360

clean, too. Town is working on trying to get access points off of 36 for future development. That seems to be going pretty well. For what? Future development, economic development. That's it. But, and you will have a meeting next month. I had received two applications last Friday. I have a big lot empty here one of these days. Have a big lot empty one of these days when closes. So they are closing that lot for the fire station.

51:38 – 52:230

I guess that's always a possibility. They could put a in there. So people would like that too. I don't live there anymore. So, this will tell people they're not likely going to go there now. Yeah. I think there's too much time to buy. Not to say there won't be one hotel that will come to Danville, but probably not. I agree. The one up in Avon's open in the new one. Now I avoid I I don't go to Avon very much. And if I do, it's always on 10th Street.

52:22 – 52:410

I go there a lot because there's a lot of doctors up there. Is that it? If there's nothing else, I'd entertain a motion to adjourn. So move. Second. All in favor signify by saying I vote.

This transcript was automatically generated from the official public meeting video and is presented unedited. It reflects remarks made on the public record by elected officials, staff, and public commenters. Transcript accuracy may vary; view the original recording for reference.