We'll call to order the meeting of the Ellsville Plan Commission for Thursday, June 5th, 2025. Steve, would you listen to the Pledge of Allegiance? 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. Roll call, please. Here. First item on our agenda is approval of the minutes for our April 3rd meeting. We have a motion and a second. All those in favor say aye. Aye. Opposed? Motion carries. Monthly conflict of interest statement. Does anyone have a conflict of interest? Primarily financial with any of the items on our agenda tonight. We have nothing under old business. Two items under new business. First is petition for primary plot approval for two lots, 30 acres, and the short two lot subdivision, 4444 North Triple Crown Drive, petitioner is Chuck Short, case number PC25-13. Denise. I apologize that I can't share any of the documents on the screen with you. We have some new requirements on Zoom and I figured I'd have operator difficulty. So first up tonight is a petition for primary plat approval from Chuck Short. It's for the approval of the short two lot subdivision, which is a minor subdivision. Subject property is located at 4444 North Triple Crown Drive. Applicant is requesting preliminary plat approval consisting of two single family lots totaling 30 acres. Lots are zoned AG Agricultural District. Subdivision will be accessed by North Triple Crown Drive. New infrastructure will be constructed to town requirements. The only item to be considered is the primary plat. Further subdivision of the parcels will require engineering and a return to the plan commission for approval. As I stated, this petition is about the primary plat. The plan commission's action on a primary plat can be in the form of approval, approval with conditions, denial, or to continue the hearing. The plan commission has the final say in these matters. It is of staff opinion that the proposed plat will meet all required zoning and subdivision regulations. There are no significant concerns with the proposed primary plat. This section is accessible from 4444 North Triple Crown Drive and will continue to spur development in that area. Therefore, staff recommends that the plan commission approve the primary plat for the short two lot subdivision. And petitioner is here if you have any questions. Does anyone have any questions from the commission for Denise? We'll be on the back side of Charlestown Manor and is a new subdivision. It'll be called the short two lot subdivision. This particular petition is merely dividing the 30 acre lot into two lots. So one lot will be the personal residence of the developers. I understand it. And the other will be subject to development at some point. Okay. Does anybody have any questions about this particular part? I'm sorry. The access right there is in the cul-de-sac. Is that correct? And this little lot here or is that an easement? That lot was part of it was given up for the drive into that 30 acres. So is it just an easement or is it part of the parcel? I don't remember. Did we do an easement for that? I thought we did. Yes. Okay. Would the petitioner like to present anything? Uh, my name is AJ Willis. The petitioner was unable to make it tonight, so I'm his representative. So we're splitting into two lots, 11.4 acres and 18.56 acres. The petitioner's personal property will be the 11.44 acres and he actually owns lot 53 in Charlestown Manor where we did record an ingress ingress and utility easement through lot 53 to give him access to his new residential structure. Denise mentioned that there's possible plans for future development for lot one. We have nothing set in stone or no real plan at all right now, but at some point that will most likely be developed, but just nothing on paper right now. If you have any questions, we're happy to answer. So you're just cutting up lot two for the developers and then lot one will be the developers. Yep, yeah, lot one will remain vacant until he comes back for planning commission. Anything else? Will lot two cut into lot one too or are you going to, will that just be a completely separate, once you start developing that, are they still going to be using this road or just the owner will be using that road in the cul-de-sac? My understanding will just be the owner. I don't know, I don't think, I don't think it's possible to get there. I don't know for sure, but I don't think that's his intent at all. I think it's just from Charlestown way for that lot one. So separate question, but do we have any update from the road county storm people on the other entrance? Oh, AJ gave me one the other day, I'll let him tell you. Yeah, so we've been working, we're actually working on that road connection. So the last submission that we had to the county, the heck grass files were I guess corrupted when we submitted, so we had to resubmit the geometry files. The county is actually going to be replacing two inlets in the county roadway. And then the developer is going to be responsible for the road connection and another storm pipe. The county is in process of getting their scheduling put together to start their storm work. So at this point, we're kind of the approvals imminent. It's just we had to resubmit those geometry files for our modeling. Does anybody else from the commission have any questions for AJ? Seeing none, we will now open the floor for public comment. We allow three minutes per speaker. We will start out with the people present in the room. If you'll come up and sign in and tell us your name. Nice to meet everybody. Can you hear me okay? So my name is Will Layman. I live at 4635 North Triple Crown Drive. Owner of that property. I live there with my family, my wife and three small kids. So our property backs up into this 30-acre lot. I know we just sent in some materials giving an overview of our situation and concerns with this project and just wanted to show up today to provide a little bit more color to what we put in that letter. So again showing up here on behalf of not only my family but also several other concerned neighbors in the neighborhood with concerns around this project and we would ask that either either denial or at least continue in this case until we can make sure that the applicant meets your all standards. So as we documented in the letter one of the concerns is around drainage and flooding. So my family we love being outdoors. We've invested over a hundred thousand dollars into our backyard and we already have flooding issues. I know I just attached some pictures from today where we had a heavy heavy rain. So our concern is I get at this point the one lot is TBD. At some stage there will be some development but as you can see with the flooding that we already have we have you know concerns that the appropriate drainage studies are done and advanced to protect our investment. Another bullet that I called out in my letter is protecting our property value. So there are many high value homes in that that neighborhood. We have a nice beautiful natural view today and concerns around whatever that development looks like down the road could impact our property value. I think it was just being discussed also traffic and safety. I know there are future plans for ingress egress but still as it exists today there's only one one way of egress from from the neighborhood. And then lastly of concern is just some of the that the applicant's track record items the development period for this project was extended unilaterally without approval by the neighborhood which did contradict the amendment language in the in the covenants. So as we think about future state items like what this development will turn into I think there's also general concern amongst many of the homeowners in the neighborhood. So all of this is why again coming here just adding a little bit more color to to my letter asking that we deny this this plot as incomplete or at a minimum continue it and require that the appropriate drainage study traffic impact study and a tree buffer is is provided. Thank you all for your time. Would you believe that we had people come up and say basically the same things when they built your neighborhood? Okay so you're kind of putting the cart before the horse here. It's this proposal has met the town's conditions. They don't have to meet all the other conditions until they actually come back for a plan approval. All they're doing right now is dividing one really big lot into two and that's it. The drainage studies and all those other things come later when they come before us wanting to actually present an actual plan for development. Okay so do we have anyone from the online version who wants to comment? I have no idea. They aren't raising their hand. That was the new requirement that we put on that they'll have to raise that yellow hand and they aren't raising it. Okay and no one's raising a hand. Okay so would now we have to give the petitioner three minutes to rebut anything that they would like to rebut from public comment? Okay having said that do we do the planning commissioners have any further comments or questions? Okay well I will just reiterate what I just said which is we're not ready for this part where we go into all the drainage studies and things so I would recommend that we approve this. Would someone like to make a motion? In that case I will make a motion that we approve case number PC 25-13. We have a motion and second. Roll call please. David Drake? Yes. Dan Swofford? Yes. Steve Hale? Yes. Pat Wesolowski? Yes. Brian Skaggs? Yes. Pamela Samples? Yes. Thank you. Okay the next item our agenda is related to the first one. This is requesting a rezone from agricultural to residential for the 30 acres. Denise? This is also petitioned by Chuck Short to rezone the two lots you just passed in a subdivision consisting of 30 acres from AG Agricultural District to our one single-family residential. Parcels are located at 4444 North Triple Crown Drive. One of the properties will be used as single-family residential at this time and the other is vacant. The Evansville comprehensive plan adopted on July 24, 2023 designates the land used to be residential which is permitted. The only item to be considered is the zoning map amendment from agricultural to single-family residential. When the petitioner is ready to develop lot one, they will have to return to the plan commission for further approval. Analysis of the required findings are as follow. One's the comp plan. Ellsville land use map in 2023 designates location the parcel has mixed use commercial with residential being a permitted use. Number two, current conditions. Residential one zoning is recommended because of use and surrounding zoning districts and uses. Three, use of the property does result in allowance of the most desirable use of the property. Designation of residential one zoning aligns with the use of the land. Four, conservation of property values will not be affected in a substantially adverse manner. The rezoning of the property to residential one single family residential should have no effect on neighboring properties. In fact, the neighboring property of Charlestown Manor to the east is zoned R3 which is multifamily. Number five, responsible development does promote the responsible development of the growth in the county even though repeated it twice. The use of the property of single family residential and the zoning map amendment aligns with the use of the property. The plan commission action shall be in the form of favorable, unfavorable, or no recommendation to town council which takes final action on the zoning map amendment petition. As I stated earlier, the only item to be considered is the zoning map amendment from agricultural to single family residential. Zoning residential one is well covered in the Ellisville comprehensive plan as this area of Ellisville is designated to accommodate the use of the property in line with the development or the requirements of the unified development ordinance. Therefore, staff recommends a favorable recommendation be forwarded to town council to amend the zoning for the parcels from AG an agricultural district to R1 single family residential and then course petitioners here if you have any questions. Okay, would you like to say anything else? So I mean I would point out that the town has really no use for agricultural land that when we annexed this area it was always intended to be residential. Yes. And I guess that's about it. Does anybody have any questions for Denise or comments? And once again we're not at the development stage for any of this. We are just rezoning it to allow residential from agricultural. No comments Dan? I mean you're just pretty simple. Okay in that case we're open for public comment again. You get three more minutes if you want three more minutes. Okay. Is anybody from the public rate? Okay I can't tell what that little thing down there is. Okay. The yellow hand will actually be at their name when it pops up. So for you keep an eye on this and when they come back for a development plan that's when we address all these other issues. Okay if there's no more comments then I will make a motion that we approve or recommend case number PC 25-14 to the town council with a favorable recommendation. Roll call please. David Drake? Yes. Dan Swaffer? Yes. Steve Hale? Yes. Pat Wesolowski? Yes. Ryan Skaggs? Yes. Pamela Samples? Yes. Thank you. Motion carries. Planning department update. Next meeting will be July 10th when first Thursday the week of July 4th we always move it to the second week and I will have new business for you. Okay. You will or will not? I will. Privilege of the floor is there anyone in the public who would like to address us on anything that wasn't on our agenda? Are there any planning department or any planning commission comments? Seeing none we will be adjourned. (orchestral music) (orchestral music) (orchestral music)