Planning Commission - Special Meeting

Good evening. I'm going to go ahead and call the Special Planning Commission for November 3rd, 2025 to order. If uh if y'all would all stand for a prayer, please. Mr. Brookke, will you do the prayer, please? Yes. Let's pray. Father, we thank you so much for your love and your kind. We thank the Lord for each and everyone that's able to be here this night. Lord, as we're about the business of the planning commission, we ask your blessings, Lord, that everything would be done according to your will. And Lord, presenting special needs here tonight, we ask that you meet those needs in Jesus name we pray. Amen. Amen.

Okay. The pledge. I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. All right, thank you. Uh, can we get a roll call, please? Britney.

Helen Huitt, present. Jack BS. Butch Price, absent. Artbrook, yes. Tara [clears throat] Chandler, here. Aaron Mixon here. Okay, we have a quorum. Uh, so first call to order is new business, which is uh Mason's Corner Preliminary Plat from Richardson Engineering. So, I'd like to come up and give us a little update on what happened since last meeting. So, since last meeting, we went back and changed the side set backs to six feet. So, we [clears throat] made the lots two feet wider each. So, now they're 57 feet.

So, they'll meet the the six foot side set back. And I believe the owner has worked out an agreement with one of the neighbors, Mr. Bradshaw, to purchase these three lots. Um, and I think all the neighbors are are okay with that. Okay. So, if y'all had any other questions for us, the the variance for the three times as deep as they are wide, will still need to be approved. Okay. Because the the length didn't change, but we did change the side setbacks. Okay. All right. Thank you. Yep. Um, Gary, can you come up for a second? Yes, ma'am. So, the variance does still need to be approved for the twice as long as it is twice as long as it does wide. Okay.

Um and depending on what comments we get tonight u prior to that, I would really encourage that as the way to move forward if if you decide to move forward on the project because we do not want to create a situation where we have to get into one of those houses behind the other two houses. Um, I think they've made every effort to make that appease this body as well as the neighbors. So, uh, I really think that in light of what we might learn tonight, I think that's currently that's the way we need to go. Okay. Thank you.

Yes, ma'am. Would any of the people in attendance like to come up and speak or are you all in agreement with what has been presented by the submitter of the plat? Okay. So, the land is being sold. That's that's what we're looking at here. Mr. Press, can you come up and explain it so everyone can get a Yes, ma'am. Thank you. So, M Mr. Bradshaw has agreed to buy the land. I mean, it's he's buying all three of the lots. He's buying them just like it's plotted, just like it is.

Okay. So, we're just we're splitting it. So, but he's still going to purchase all three. We're just not splitting it into its own lot. We're just We're still splitting it into three lots. Yes, ma'am. Okay. All right. Do y'all understand? Okay. All right. Anyone else like to speak before I turn to the board? All right. Thank you. Yes. I Gary, would you qualify that again on the setback?

So, the state fire code allows sideyards to go down to 5T. It used to be 8 ft. They changed it 6 feet, then they've made it 5T at a state level. Ours, that's about the only code we supersede, but we still require the 6ft setbacks. So when they proposed the 5-ft setbacks, they were compliant with the state code. They were just asking for a variance on u on our city ordinance, which I still think is the way to go on that because at least that way if we just generically made ours 5 ft, which we could do and be compliant with the state code, we would have no latitude about um the exterior uh walls of the structure, things like that. at least this way they have to come get a variance from us and then we can stipulate that we can grant that variance if they make the walls non-combustible. So that was the first variance. Well, they've they've taken that off the table now. They've made that 6 ft. So now they're compliant with our ordinance and as well as the state fire code. The only thing they're asking for as far as a variance is for we have an ordinance that says the lot can't be more than double the length as it is wide or something to that effect, but they exceed that. So, uh, as I was saying, the only alternative if we didn't grant a variance for that would be to have two houses up front and then have one of those lots is wide enough for a driveway and then widen out at the back, put a house in the back. that's really not aesthetically pleasing for any area, especially an area that has the larger lots like you see uh in surrounding that that that that subdivision um or that addition rather. So, um, so I what I said while go is that unless we learn something from the neighbors that would contradict that or cause you not to want to go that route, I just think that this

the three smaller, skinnier lots are better than an alternative for for the the neighbors involved. Um, so that was the only thing I was quantifying while ago. They they meet the code. Um, the only thing they're asking uh for as far as the square footage, uh, our our minimum square footage is 7,500 square feet. These lots are almost double that. They're just long and skinny. Um, and they could they could do another plan, but but I think it would be less appealing than than what they've offered. But now they're just it's divided. They're just going to sell all three lots to a neighbor is what I understand now. So, as long as the neighbors are good with that, I don't know that, you know, um, at least from my perspective, we don't have an objection to that. You know, one of the other staff members may want to speak to that, but but from my perspective, from a from a fire code compliance and from the code compliance of the city, we wouldn't have any any concern with that, I don't guess.

Okay. Thank you. Yes, ma'am. Any other questions? No, I did have that at 237 linear feet by 55 in the front each. Correct. Mhm. I believe now it's 57 when you said I haven't seen an updated drawing. Well, I think I expressed the opinion looked like a bowling alley on the drawing and I wanted to make sure we kind of got away from that. So, that will be I guess Mr. Bradshaw's call. Now,

that's that's correct. I mean, like I said, you can drive down Spring Street and you can see an example of what I'm talking about where you have a driveway in between two houses and it goes back to a house in their backyards basically. That's that's the alternative to this. So, it's either the longer skinny lots cuz like I said, the square footage is there.

In fact, honestly, they probably could have gotten more than three lots out of that because like I said, they almost doubled our required square footage. So, Um, so the square footage is there. So the the alternative to that would be an example of what we've got over here on Spring Street. Um, so it's, you know, it's just a design um, preference, I guess, at this point. One other question. The, uh, under the current regulations and ordinance we have, they can on one acre, you're still authorized up to five or six houses per acre.

It depends on how how much of it's developed. I don't think it's quite five or six, but three to four per acre uh for certain. Um and then I would think under certain designs you might could get more than four, but but usually usually when you do your infrastructure, your easements, drainage, detention areas, things that might be necessary for a larger development, it may not work out quite to that, but it really depends on the size of the development and the design. Appreciate that info. Yes, sir. Right. Mr. Press, can you come back up? Why not just draw it with the house at the front as its own lot and then these three lots as one lot if you were selling them all to

cuz Mr. Bradshaw he wasn't going to I mean he's going to buy the land do whatever right and then I would have to go through because I've already sold it to him at a big discount over what I would sell the other three lots for. So then I'd have to go pay another probably $2 to $3,000 to get that changed up where that was off. So he said just leave it like it is. He's going to take them and then do whatever at that point. All right. Thank you for clarifying. Okay. If there aren't any other questions, I will um entertain a motion to approve the preliminary plot as presented. I make a motion. Second. All those in favor say I.

I. Any opposed? No. Okay. So, preliminary PL passes. Let's go ahead and can I get a motion to add the variance to the agenda for the twice as long as it is wide? Yes, ma'am. I do agree with that. Can I get a second for that? Okay. All right. All those in favor of adding the variance to the agenda. I Okay. Okay. So, let's go ahead and go to the final plat for Mason's Corner. um as presented. Uh entertain a motion. Make a motion we accept the final platform.

All those in favor? I mean, can I get a second? Okay. All those in favor? I. Okay, that passes. And then for the variance to accept uh lots that are twice as long as they are wide. Uh can I get a motion for that? I make a motion we accept the variance. Can I get a second? All those in favor?

I Okay, motion passes. [music] All right. Thank you all for your participation and for working with the with the gentleman in the back to get this res resolved for everyone. I appreciate your participation in the process. I really do. Thank you. Okay. Now, we're going to go to the unified uh zoning map or the updated zoning map for the mayor. Thank you. You can bring up slides. You bring up our slides. Yes. Sorry.

Hang on just a second till we

clear the room. Can y'all please take the conversation outside? We're still in the meeting. Thank you. [laughter] That's right. [laughter]

[laughter] Give us just a minute, please. Okay.

All right. Very [laughter] good. Let's get to the UD. you know, as we've been working on the studio for several years now, and we got to the point where it was ready for its third reading on the council, and we had a couple questions about the a couple areas, and so I pulled it off to last month's council meeting, and I want to run this back by you, make sure we uh change a couple of the uh things on the zoning, and we all agree before we go forward. And I think this is fine. If you go to the next slide, this is an area off of Cyprus. And if you know where A1 Plumbing is up off of 367, it's right beside it. Origin's own residential, but that's actually a manufacturing plant and there's a commercial uh plant in there right now. We at this opportunity need to change this to industrial because that's what it it it should be and it butts up against the industrial sort of A1 Plumbing who is not in the city limits, but that's a manufacturer over there also in my business. So, uh, looking forward to doing moving that forward. Next slide, please. Another area is if you know where Carla's dance studio is, [snorts] um, changing that to neighborhood commercial, which will butt up to the school and then on across the street from school, if you look at the regular map, that's actually neighborhood commercial also, right?

So, this is conducive to that. Plus, it gives, you know, Carlo's dance studio and whatever else she wants to put in right there the opportunity without having to come back to to uh to us and change that. It should have been all along, but it was caught. Next one, please. And this is uh right across from Orlo. It was industrial. That's next to industrial park. Uh that one little square area is an individual's house that we had changed to R1 or excuse residential, but he wants it industrial. And the rest of it was industrial before. and we had changed it to residential, but in fact the matter is it needs to stay industrial against that railroad track there. So that's the um well we changed that back to it should have never been changed to begin with but caught late but I think uh I think this works fine. It's not a radical change. I don't believe we need to go back for any public opinion on this because this is what it was. The other is conducive what it's doing and so it needs to be that and the third one with Carla's place is actually conducive with her business. Right.

So, uh I I guess I would would ask you to entertain a motion to move forward with this to the council. I So it second. All those in favor? I I Okay,

very good. Thank you. Next just information slide. Um there's new rules about child care facilities in residential areas. Basically in 2023 act 60 was passed. Nobody really caught it. The municipal league just less than a month ago sent an information on this out to us. You can read whatever that concerning compliance of childcare facilities under local regulations etc etc. The bottom line cities cannot prohibit a childcare facility from operating within a residential located in a res in a residential zone subject to some other things and it is permitted by right. We cannot say no. Next slide.

Up to 16 children. That's that's shocking. It is. What's Okay. What's allowed? Municip municipality may require business. I'm letting y'all know this because it's going into UDL. We had a UDO and fortunately and this changed we we uh tabled it last month allowed us put this into the new so it's changed this municipality may require business license which we would uh may require license childcare center to meet uh requirements of appendix O the fire code which we would do that uh may require review of approval of the planning commission for traffic flow and parking that's where you'll come in okay

so there may be an issue with a childcare facility childare home care that doesn't have adequate parking or adequate egress egress from vehicles uh and causes a problem. And we may require termination by the applicant as to whether or not they're working as a licensed child care family home, [snorts] six to 16 children, or just a registered child care family home, which is five or less children. And they don't have to be related. Okay?

They can be a somebody else's kids. And we have to let them do it. Next slide. what's not allowed. We can't prohibit anywhere in a single family or multif family residential use is allowed. Uh we can't impose any zoning requirements that don't apply to other residential properties. And we can't we can require conditional use if we already required that already. If they wanted to put one in a commercial area or an industrial area, you'd have to come in with a conditional use. We've already changed the UDO to show those are permitted in those areas, not permitted by condition in the residential zones. I just wanted to bring you make sure you're aware of this, bring you up to speed on this. This is a change that went underneath the radar to a lot of people.

Okay. So, and that's all I wanted to let y'all know about. Any questions? Looks pretty good. It does, but what amounts to is you could put in probably a uh auxiling unit that's now allowed by permit or or by by right in your backyard and make it a daycare or family care unit. Yeah, without a without any issue. Have a lot of people there, but it is not a nursing home. [laughter] I know. I Anyway, that that happened in 23. 25 was the big push by the legislature to do all kinds of weird stuff, but anyway, but just wanted to let y'all know about this.

Okay. Do we have anything in our UDI? You know, whatever it's called, I can't remember. UDO. [clears throat] UDO. If we are the ones that are looking at the traffic flow and the parking, do we have anything in there that helps us do a guideline of what parking traffic or or anything? You could do it. We could do a traffic study if we needed to or it just if it's just obvious where they're going to go is going to create especially if they're on a main road and and turning in if they're doing 16 kids, right? That might be a problem. Yeah, it's, you know, if you've got five kids, I I it's okay, but when you're starting to get above that, you've got a lot of cars coming in and out at the same time. We do have our own traffic counter that we can put out, too.

But if we think the traffic isn't good, we better be able to justify it. Okay. Because I was going to say, if we think the traffic wouldn't be good with them having it there, well, they have a right to do to have the business. So, would we be overstepping by saying not if we not if we can justify our reasoning? Okay. Okay. And they could appeal. I guess an appeal process would be good to the city council. Um and then after that district court. Okay. I agree with Helen on a point there about if you have too many people in and out especially a lot of people don't know you're not allowed to back out on a state highway of your driveway.

And if you go 319 it's almost constantly you see people violating and they don't have a clue. Yeah. that you're not supposed to do that. Well, and you're also going to be looking at a ratio. I don't know the ratio now, but if you have 16, you're going to have two, maybe three employees, you know. So, now you've got to find a place for them to park as well. Yeah. When these all if they pop up, we'll have to explore them. And that's all right. All I had tonight. Thank you. Well, thank you. Do we need to vote on anything? No. Okay. That was the information I All right. Okay, great. Well, on the ed map, so we're good.

Okay. Well, I would like to say thank you to Britney for notifying everyone of the meeting tonight. And why are you saying sorry? I said thank you. [laughter] And and I would entertain a motion to adjurnn. A motion we adjourn. Second. All those in favor? I. All right. Thank you.