WEBVTT

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- order the competing of the elsewhere Plan Commission for March 5th, 2026. Pat, would you do this in

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- the Pledge of Allegiance? I pledge allegiance to the flag of the United States of America and to the

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- Republic for which it stands, one nation under God, indivisible, with liberty and justice for all.

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- here. Okay. The first item on our agenda is approval

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- We have a motion and a second. All those in favor say aye. Aye. Opposed? Motion carries. I'd like to

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- stay too, I wasn't here. Okay. Monthly conflict of interest statement. Does anyone have a conflict of

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- interest with the items on our agenda for tonight? Seeing none. We have no old business.

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- First item of new business is primary plat approval for four lots, 12.4 acres in the Richland Square

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- section two, final plat and Richland Square final plat amendment to subdivision 3655 Westdale 46. The

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- petitioner is Todd Borgman, case number PC26-7.

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- Thank you.

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- The technical review committee met on February 17th. Comments received from town departments have been

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- addressed. In 2025, the Board of Zoning Appeals approved the following variances from development standards

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- with the condition that sufficient screening be placed along the rear yard setback as determined by

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- the plan commission. The first variance was reduction of the front yard setback to 15 foot minimum.

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- Second was a reduction of the side yard setback to a five foot minimum. And third was a reduction to

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- a 15 foot minimum for the rear yard setback. The lots will meet all size and dimensional requirements

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- of the unified development ordinance. The property owner anticipates selling the lots at which time

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- the businesses will come before the plan commission to request development plan approval.

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- The plan commission action on the primary plat can be in the form of approval, approval with conditions,

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- denial, or to continue the hearing. The plan commission has the final say in these matters. It is a

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- staff opinion that the proposed primary plat will meet all required zoning and minor subdivision regulations.

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- Therefore, staff recommends that the plan commission approve the primary plat

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- for the Richland Square section two final plat and Richland Square final plat amendment two subdivision

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- with a determination has to screen and to be placed in the rear yard setback. Unified development ordinance

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- section 4.5 requires a minimum buffer yard width of 20 feet with two canopy trees, four evergreen trees

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- and six shrubs or ornamental trees for commercial two zoning.

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- A buffer yard is measured from the property line inward. Staff requests that the buffer yard be planted

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- prior to any businesses pursuing development plan approval. And petitioners here if you have any questions.

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- Does anybody from the commission have any questions for Denise about this? I assume the dotted line

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- thing there to the east of lot three and four is the

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- the easement to get to lot four? Yes. Okay. And each one of these lots is going to be big enough to

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- have some type of business in it? Yes. They meet the commercial to zoning district requirements.

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- one more question that this area covers both of the parcels that the petitioner owns because it's divided

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- up into two parcels. Yes. Right now. Anybody have any questions for Denise? Seeing none, would the petitioner like to

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- Come up and say anything. Just tell us one more time who you are for the record. Yes, hello, my name

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- is Todd Borgman. I'm with the design group. We're the engineering firm on this subdivision. I'd like

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- to thank Denise for her time and effort on this as well as the planning commission members.

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- just briefly, when this was approved at the BZA with the setbacks, there are some issues from the neighbors

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- that will be brought up tonight when it comes to drainage. And we understand those issues. And as Denise

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- previously stated, those issues will be addressed at the time of site development approval. As far as

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- plans for this subdivision, there are no plans right now. These lots are for sale. And when individual

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- corporations come in,

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- and decide to develop those properties, the drainage concerns will be addressed at that time.

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- Thank you. And as per standards, that whatever is developed will not increase any drainage. It will,

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- if anything, reduce the drainage to other properties. Yes, that is local ordinance as well as state

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- law. Is that retained by the state other?

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- Yes, so the retention pond has already been improved as far as the size of it, and as well as cleaning

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- out the debris. Once this is developed, they will have to put in a retaining wall to enlarge it a little

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- bit more, but that will not happen until an actual facility is going in. Thank you. Does anybody from

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- the Planning Commission have any more questions for the petitioner? Seeing none, thank you.

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- Okay, it's now time to hear from the public on this petition. Each person can have three minutes. It

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- doesn't sound like very much, but you can say a lot in three minutes. So if anybody wants to come up,

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- come up to the podium, sign in and tell us who you are.

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- Candy Berkholder and we are one of the properties that are behind and we are the property that are having

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- the drainage issues. So the last meeting that we were at, they talked about how they had worked on drainage

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- on the other side, the business side, not the homeowner side. Since that time, we have had flooding.

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- Last spring, we had flooding into our pole barn that we have never had before. We've lived there for 15 years.

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- I mean, it's great, they're gonna fix the drainage when it's developed, but what are we supposed to

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- do in the meantime? Because we have flooding in our back property whenever it rains. I could show you

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- pictures from the last few days with all of this rain. We have trees, all kinds of things back there

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- that are being affected by this drainage that will be fixed whenever it's developed. So that's one of

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- the main issues that we have with that.

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- I don't know who's responsible for that, but I don't feel like we should have to wait until it's developed

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- to have that fixed. Okay. Thank you. Anybody else? Seeing none. So I'm not quite sure I understood all

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- that, but so have the drainage issues increased from

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- the property that we're talking about? I mean, have they done anything there at all? No. Okay. Maybe

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- three or four years ago, there was some work done on a big retention pond, but that was like I said,

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- three or four years ago. So I would remind the board this is primary plat approval, not development plan.

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- approval at this time. What is it? The back end going the other way? Yes. Towards your property. There

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- is a retention pond. Yeah, I know where that's at. Taco Bell. Right. But you the third grade man. Taco

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- Bell retention pond sets up high. Our drainage on Mr. Chad Stevens property that floods our entire area.

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- There's a drainage pipe that is back there that goes nowhere. We have contacted the county, they have

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- some people have come out and looked, they don't know anything about, said they would try to get into

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- it with whoever's responsible for that and we've had no response. Okay. I would also remind the board

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- that if people wish you to speak, don't come up to the podium, it won't be on the record. Okay. Denise,

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- is that the county or is that the,

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- Aliceville. So do you know some of that split between Monroe County and the town, but Taco Bell is in

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- the town. Yes, so how about... So behind the proposed project, that's Monroe County. You said you had

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- pictures. Do you have those with you? Yeah, sure. What about, has the problem increased or decreased

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- since they brought in all the backfill?

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- Well, I think several years, maybe not years ago. Right next to where the barns are. There was an area

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- that was being kind of developed. Three or four years ago. We're trying to make a record. We've got

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- multiple people talking. Our pole barn sits right here.

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- So every time it rains two, three inches, that's what we're getting onto the back of our property. Okay,

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- thank you. And how many pictures do you have, ma'am? Two. Okay, what I need you to do is email them

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- to the Planning Department because they need to be part of the record for the proceeding, if you would.

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- Okay. And did all members see the photos? I didn't, yeah. Do you want to see them? Sure. We have multiple,

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- we have more than two.

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- Can you come up to the mic, or they won't be able to hear you. So the whole barn, or the mini barns

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- are like right behind there. And that's our driveway, and we have a whole barn that sits right here.

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- That's correct. OK, so how is the development on the other side of that ridge causing that? Well, there's

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- a drain pipe that's back here.

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- that does absolutely nothing. I don't think you can say, well, it's covered up. So it does absolutely

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- nothing. We didn't used to get this type of flooding until there was some work done and they worked

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- on that retention bond that's down by Taco Bell. But I just don't know who's responsible for it. I guess

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- I'm confused as to how the rain from the other side of that berm

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- gets in your property? There's a drain pipe and we feel like there's water that comes the wrong direction,

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- that comes into our property. The drain pipe is coming from where? That's a good question. Okay. So

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- the drain pipe is in the back. If you would, if you could pop up that other, the picture, I can show

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- you. Can you put the picture in the back? So Todd, is that your drain pipe that's coming, that they're

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- talking about? Do you mind if he gets, comes up and speaks? Come on.

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- The drain pipe is like right back here. So we're on a hill and everything drains down into our property

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- and it's not draining through that drain pipe anymore. How long has that pipe been there for? Since

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- we've lived there for 15 years. It's just been in the last year or so that it's really started to flow back out.

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- Okay, let's let him talk. So yes, so she is correct. That drain pipe has been there for years, and there

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- is an issue with the drain pipe. It is either clogged or it is broken, but the developer has done nothing

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- to increase this problem. The issue is that everything that goes in that drain comes from the trees.

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- It gets filled with leaves. Every time it rains, the leaves clog it more. It is natural that every time it rains,

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- Every time the leaves fall, it gets more clogged and the water gets more backed up. I mean, that's just

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- a fact of life. But nothing the developer has done or nothing he's intending to do has increased this

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- issue, other than the fact that the leaves fall, the leaves go in the pipe, and the pipe gets more condensed.

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- So would that be part of the project after it gets through, or is that not even on your property?

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- No, so yes, the drain pipe itself is on the property, that is correct. Your guy's the property? Yes.

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- Okay. Yes. I have cleaned that pipe out many times myself, and have been told to stay off that property,

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- even though it's 10 feet from the back of my line, because I'm trespassing. Okay. I am not aware of

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- that, but I mean, if he climbed the whole 300 feet to check that pipe,

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- I wish it luck on that. I have not been freedom. It's third grade math. There are retention ponds that's

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- up here, but the pipe sits down here. I can assure you, we have done survey and engineering. There is

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- positive flow if it was not clogged. But the pipe is clogged at some point in that line. OK. Can you

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- tell me where the pipe is supposed to come out?

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- on your property on the other side. Where is it supposed to be? Because when the county came out, they

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- walked on the pole barn side, where you have all of the mini barns, where the mini barns are, and they

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- said they couldn't even find where that pipe was supposed to drain to. No, I mean, it comes out, it

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- comes down, and it curves, and it comes out in the retention pond up in the northwest corner. Please

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- show us that. Well, all of that really has little to do with what our

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- issue is tonight. Our issue tonight is just dividing this partial up into four parcels. The drainage

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- issue is going to be there regardless. So this is something that you guys are all gonna have to work

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- out somehow. And a lot of the issue isn't even in the town limits, it doesn't sound like. So it's a

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- complicated issue, but it's something we're not gonna be able to solve tonight and really doesn't relate

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- directly to what the petition that's in front of us

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- Tonight is. Okay. So does anybody have any more questions for the petitioner? Okay. Thank you.

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- Seeing none, do we have a motion? Yeah. Okay, well in that case, I'll make a motion that we give primary

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- plan approval

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- Check case number PC 26-7. Roll call, please. Yes. Motion carries. So hopefully you guys will all be

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- able to work this out at some point, but it's really not. We don't at this point have the authority to

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- tell one or the other to do something. No, there is no easement on your property. Okay, next item on

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- our agenda is petition for a zoning map amendment to rezone one parcel of 10.07 acres from agricultural

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- to industrial one, light industrial at 8650 West Flatwoods Road.

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- PC 26-11. Okay, second and last on the agenda is petitioner. Petitioner Brett Oding is requesting to

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- rezone one parcel consisting of 10.07 acres from agriculture to industrial one, light industrial.

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- Subject parcel is located at 8650 Flatwoods Road and our work has not caught up with Monroe County GIS

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- to have this subdivided and addressed yet, but it has all been finished. Currently the subject parcel

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- is vacant land. It was annexed into town of Ellsville on November 24th, 2025 by Larry Knighty. It was

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- given primary flat approval on February 5th

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- The Ellisville comprehensive plan designates the land to the west to be general business with primary

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- uses that include large scale businesses such as light industries, warehousing and distribution centers

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- which incorporate an array of modern, low impact industrial uses that include warehousing, distribution

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- and wholesale facilities.

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- The unified development ordinance states the intent of the light industrial district is to provide for

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- low intensity, light, and medium intensity industrial activities that are not visible from the public

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- street and are compatible with surrounding zoning districts. Petitioner is locating a modular home retail

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- business on the parcel. It will have a warehouse, a model home with an office, and approximately 10

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- model homes on display.

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- Modular homes will not be constructed on the property and there will not be any chemicals on site. The

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- modular homes serve as model homes so they will not be moving continually on and off of the parcel.

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- Therefore, there will not be any additional wear and tear on the road. The warehouse will be used to

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- store materials such as windows, doors, and equipment. The subject parcels located .4 miles or 2,000

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- feet from West State Road 46,

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- Industrial One is the only zoning district that allows both warehouses, business offices, and retail.

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- The required findings, the comprehensive plan, the Ellisville land use map, and the comprehensive plan

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- designate the land to be general business with primary use of large-scale businesses such as

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- light industries, warehousing, and distribution centers.

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- The character of general business land use is an array of modern, low-impact industrial uses, including

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- warehousing, distribution, and wholesaling facilities with a limited number of trucks coming in and

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- out of the facility each day. The change of zoning is based on the current conditions of the property

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- and the surrounding character of the land. Industrial zoning's recommended because the proposed use

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- of a modular home business that combines a warehouse

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- business office and retail businesses surrounding parcels are zoned industrial one, commercial two,

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- and agricultural. The change in zoning does result in allowance of the most desirable use of the property.

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- The designation of industrial one zoning aligns with the proposed use of the land. The use or value

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- of adjacent properties and those throughout the town will not be affected in a substantially adverse manner.

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- The rezoning of this property to industrial one light industrial should have no effect on neighboring

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- properties along West Flatwoods Road. The change in zoning does promote the responsible development

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- and growth of the property. The proposed use of the property is modular home retail sales. The zoning

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- map amendment will align with the intent of the comprehensive plan and similar zoning along Flatwoods Road.

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- The plan commission action shall be in the form of a favorable, unfavorable, or no recommendation to

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- town council, which takes final action on the zoning map amendment petition. Zoning of industrial one

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- or light industry is covered in the Ellsville comprehensive plan. There are other properties zoned industrial

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- one and commercial two along West Flatwoods Road

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- The area will accommodate the proposed use of modular home retail sales, therefore staff recommends

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- a favorable recommendation be forwarded to the town council to amend the zoning for the parcel outline

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- above from agricultural to I-1 light industrial and petitioner's representative is present and I'll

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- show you the current zoning around the parcel.

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- Subject parcel is in yellow. The main parcel annexed, originally annexed is in blue. So this is just

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- a proposed plan at this time. This does not mean, your vote does not mean you approve it. So if I can

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- get my mouse to show up. So this is where,

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- the modular home with the office will be located. And then they're going to have four on each side.

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- And then, if I can get it up there. So this is going to be where the warehouse will be located.

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- At this time. Will there be a fence around it? Yes.

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- The entrance is on the west side of the parcel. The warehouse, I believe he said it's not going to have

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- electricity, it's gonna be more of a cold building, because it's just for equipment and storage. The

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- only time the homes will leave is their life spans like one to three years, and when they stop selling,

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- then they move them off the lot, but they dismantle them to move them off the lot.

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- Okay, any questions for Denise? Seeing none, would the petitioner like to say anything? Okay, do we

00:25:47.944 --> 00:25:58.814
- have any comments from our vast audience? Seeing none, yep.

00:25:59.042 --> 00:26:09.129
- PC 26-11. Second. Okay, roll call, please. David Drake? Yes. Dan Swofford? Yes. Steve Hale? Yes.

00:26:09.129 --> 00:26:19.839
- Zach Michael? Yes. Pat Leslawski? Yes. Thank you. Okay, next item on our agenda is planning department

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- update. Your next meeting is April 2nd. At this time, I think I'll just

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- one petition for you. And that's it. The storage units, the orange ones? I'm 46, aren't they orange?

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- By the fire department? Yes. Okay. I was under the impression that there is no businesses allowed in there.

00:27:00.290 --> 00:27:07.948
- looks to me like there's U-Haul business in there. Well, the U-Haul business I think is out of the office.

00:27:07.948 --> 00:27:15.105
- You can't use like units. Right, they can't use units, but I think the U-Haul is out of the office.

00:27:15.105 --> 00:27:22.620
- They can use it out of the office. Okay, thank you. Sure, thank you. For approvals of the floor, I guess

00:27:22.620 --> 00:27:30.206
- we're done with approvals of the floor. Planning Commission comments. I would just like to point out that

00:27:30.658 --> 00:27:40.996
- The apartment complex off of Raymond Run is currently under construction. And just as we projected several

00:27:40.996 --> 00:27:50.753
- years ago, they are building the three-story apartment buildings that are looming over the houses on

00:27:50.753 --> 00:28:00.318
- the west side of Raymond Run, which is really going to cut into their view of the sun and the sky.

00:28:00.834 --> 00:28:14.430
- and that we denied that project, but a judge decided that we were wrong, and now they're building what

00:28:14.430 --> 00:28:27.102
- I expected to be there, which is not very good. That's all I have. All right, we are adjourned.
