- order the competing of the elsewhere Plan Commission for March 5th, 2026. Pat, would you do this in
- 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.
- here. Okay. The first item on our agenda is approval
- We have a motion and a second. All those in favor say aye. Aye. Opposed? Motion carries. I'd like to
- stay too, I wasn't here. Okay. Monthly conflict of interest statement. Does anyone have a conflict of
- interest with the items on our agenda for tonight? Seeing none. We have no old business.
- First item of new business is primary plat approval for four lots, 12.4 acres in the Richland Square
- section two, final plat and Richland Square final plat amendment to subdivision 3655 Westdale 46. The
- petitioner is Todd Borgman, case number PC26-7.
- Thank you.
- The technical review committee met on February 17th. Comments received from town departments have been
- addressed. In 2025, the Board of Zoning Appeals approved the following variances from development standards
- with the condition that sufficient screening be placed along the rear yard setback as determined by
- the plan commission. The first variance was reduction of the front yard setback to 15 foot minimum.
- Second was a reduction of the side yard setback to a five foot minimum. And third was a reduction to
- a 15 foot minimum for the rear yard setback. The lots will meet all size and dimensional requirements
- of the unified development ordinance. The property owner anticipates selling the lots at which time
- the businesses will come before the plan commission to request development plan approval.
- The plan commission action on the 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 a
- staff opinion that the proposed primary plat will meet all required zoning and minor subdivision regulations.
- Therefore, staff recommends that the plan commission approve the primary plat
- for the Richland Square section two final plat and Richland Square final plat amendment two subdivision
- with a determination has to screen and to be placed in the rear yard setback. Unified development ordinance
- section 4.5 requires a minimum buffer yard width of 20 feet with two canopy trees, four evergreen trees
- and six shrubs or ornamental trees for commercial two zoning.
- A buffer yard is measured from the property line inward. Staff requests that the buffer yard be planted
- prior to any businesses pursuing development plan approval. And petitioners here if you have any questions.
- Does anybody from the commission have any questions for Denise about this? I assume the dotted line
- thing there to the east of lot three and four is the
- the easement to get to lot four? Yes. Okay. And each one of these lots is going to be big enough to
- have some type of business in it? Yes. They meet the commercial to zoning district requirements.
- one more question that this area covers both of the parcels that the petitioner owns because it's divided
- up into two parcels. Yes. Right now. Anybody have any questions for Denise? Seeing none, would the petitioner like to
- Come up and say anything. Just tell us one more time who you are for the record. Yes, hello, my name
- is Todd Borgman. I'm with the design group. We're the engineering firm on this subdivision. I'd like
- to thank Denise for her time and effort on this as well as the planning commission members.
- just briefly, when this was approved at the BZA with the setbacks, there are some issues from the neighbors
- that will be brought up tonight when it comes to drainage. And we understand those issues. And as Denise
- previously stated, those issues will be addressed at the time of site development approval. As far as
- plans for this subdivision, there are no plans right now. These lots are for sale. And when individual
- corporations come in,
- and decide to develop those properties, the drainage concerns will be addressed at that time.
- Thank you. And as per standards, that whatever is developed will not increase any drainage. It will,
- if anything, reduce the drainage to other properties. Yes, that is local ordinance as well as state
- law. Is that retained by the state other?
- Yes, so the retention pond has already been improved as far as the size of it, and as well as cleaning
- out the debris. Once this is developed, they will have to put in a retaining wall to enlarge it a little
- bit more, but that will not happen until an actual facility is going in. Thank you. Does anybody from
- the Planning Commission have any more questions for the petitioner? Seeing none, thank you.
- Okay, it's now time to hear from the public on this petition. Each person can have three minutes. It
- doesn't sound like very much, but you can say a lot in three minutes. So if anybody wants to come up,
- come up to the podium, sign in and tell us who you are.
- Candy Berkholder and we are one of the properties that are behind and we are the property that are having
- the drainage issues. So the last meeting that we were at, they talked about how they had worked on drainage
- on the other side, the business side, not the homeowner side. Since that time, we have had flooding.
- Last spring, we had flooding into our pole barn that we have never had before. We've lived there for 15 years.
- I mean, it's great, they're gonna fix the drainage when it's developed, but what are we supposed to
- do in the meantime? Because we have flooding in our back property whenever it rains. I could show you
- pictures from the last few days with all of this rain. We have trees, all kinds of things back there
- that are being affected by this drainage that will be fixed whenever it's developed. So that's one of
- the main issues that we have with that.
- I don't know who's responsible for that, but I don't feel like we should have to wait until it's developed
- to have that fixed. Okay. Thank you. Anybody else? Seeing none. So I'm not quite sure I understood all
- that, but so have the drainage issues increased from
- the property that we're talking about? I mean, have they done anything there at all? No. Okay. Maybe
- three or four years ago, there was some work done on a big retention pond, but that was like I said,
- three or four years ago. So I would remind the board this is primary plat approval, not development plan.
- approval at this time. What is it? The back end going the other way? Yes. Towards your property. There
- is a retention pond. Yeah, I know where that's at. Taco Bell. Right. But you the third grade man. Taco
- Bell retention pond sets up high. Our drainage on Mr. Chad Stevens property that floods our entire area.
- There's a drainage pipe that is back there that goes nowhere. We have contacted the county, they have
- some people have come out and looked, they don't know anything about, said they would try to get into
- it with whoever's responsible for that and we've had no response. Okay. I would also remind the board
- that if people wish you to speak, don't come up to the podium, it won't be on the record. Okay. Denise,
- is that the county or is that the,
- Aliceville. So do you know some of that split between Monroe County and the town, but Taco Bell is in
- the town. Yes, so how about... So behind the proposed project, that's Monroe County. You said you had
- pictures. Do you have those with you? Yeah, sure. What about, has the problem increased or decreased
- since they brought in all the backfill?
- Well, I think several years, maybe not years ago. Right next to where the barns are. There was an area
- that was being kind of developed. Three or four years ago. We're trying to make a record. We've got
- multiple people talking. Our pole barn sits right here.
- So every time it rains two, three inches, that's what we're getting onto the back of our property. Okay,
- thank you. And how many pictures do you have, ma'am? Two. Okay, what I need you to do is email them
- to the Planning Department because they need to be part of the record for the proceeding, if you would.
- Okay. And did all members see the photos? I didn't, yeah. Do you want to see them? Sure. We have multiple,
- we have more than two.
- Can you come up to the mic, or they won't be able to hear you. So the whole barn, or the mini barns
- are like right behind there. And that's our driveway, and we have a whole barn that sits right here.
- That's correct. OK, so how is the development on the other side of that ridge causing that? Well, there's
- a drain pipe that's back here.
- that does absolutely nothing. I don't think you can say, well, it's covered up. So it does absolutely
- nothing. We didn't used to get this type of flooding until there was some work done and they worked
- on that retention bond that's down by Taco Bell. But I just don't know who's responsible for it. I guess
- I'm confused as to how the rain from the other side of that berm
- gets in your property? There's a drain pipe and we feel like there's water that comes the wrong direction,
- that comes into our property. The drain pipe is coming from where? That's a good question. Okay. So
- the drain pipe is in the back. If you would, if you could pop up that other, the picture, I can show
- you. Can you put the picture in the back? So Todd, is that your drain pipe that's coming, that they're
- talking about? Do you mind if he gets, comes up and speaks? Come on.
- The drain pipe is like right back here. So we're on a hill and everything drains down into our property
- and it's not draining through that drain pipe anymore. How long has that pipe been there for? Since
- 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.
- Okay, let's let him talk. So yes, so she is correct. That drain pipe has been there for years, and there
- is an issue with the drain pipe. It is either clogged or it is broken, but the developer has done nothing
- to increase this problem. The issue is that everything that goes in that drain comes from the trees.
- It gets filled with leaves. Every time it rains, the leaves clog it more. It is natural that every time it rains,
- Every time the leaves fall, it gets more clogged and the water gets more backed up. I mean, that's just
- a fact of life. But nothing the developer has done or nothing he's intending to do has increased this
- issue, other than the fact that the leaves fall, the leaves go in the pipe, and the pipe gets more condensed.
- So would that be part of the project after it gets through, or is that not even on your property?
- No, so yes, the drain pipe itself is on the property, that is correct. Your guy's the property? Yes.
- Okay. Yes. I have cleaned that pipe out many times myself, and have been told to stay off that property,
- even though it's 10 feet from the back of my line, because I'm trespassing. Okay. I am not aware of
- that, but I mean, if he climbed the whole 300 feet to check that pipe,
- I wish it luck on that. I have not been freedom. It's third grade math. There are retention ponds that's
- up here, but the pipe sits down here. I can assure you, we have done survey and engineering. There is
- positive flow if it was not clogged. But the pipe is clogged at some point in that line. OK. Can you
- tell me where the pipe is supposed to come out?
- on your property on the other side. Where is it supposed to be? Because when the county came out, they
- walked on the pole barn side, where you have all of the mini barns, where the mini barns are, and they
- said they couldn't even find where that pipe was supposed to drain to. No, I mean, it comes out, it
- comes down, and it curves, and it comes out in the retention pond up in the northwest corner. Please
- show us that. Well, all of that really has little to do with what our
- issue is tonight. Our issue tonight is just dividing this partial up into four parcels. The drainage
- issue is going to be there regardless. So this is something that you guys are all gonna have to work
- out somehow. And a lot of the issue isn't even in the town limits, it doesn't sound like. So it's a
- complicated issue, but it's something we're not gonna be able to solve tonight and really doesn't relate
- directly to what the petition that's in front of us
- Tonight is. Okay. So does anybody have any more questions for the petitioner? Okay. Thank you.
- Seeing none, do we have a motion? Yeah. Okay, well in that case, I'll make a motion that we give primary
- plan approval
- Check case number PC 26-7. Roll call, please. Yes. Motion carries. So hopefully you guys will all be
- able to work this out at some point, but it's really not. We don't at this point have the authority to
- tell one or the other to do something. No, there is no easement on your property. Okay, next item on
- our agenda is petition for a zoning map amendment to rezone one parcel of 10.07 acres from agricultural
- to industrial one, light industrial at 8650 West Flatwoods Road.
- PC 26-11. Okay, second and last on the agenda is petitioner. Petitioner Brett Oding is requesting to
- rezone one parcel consisting of 10.07 acres from agriculture to industrial one, light industrial.
- Subject parcel is located at 8650 Flatwoods Road and our work has not caught up with Monroe County GIS
- to have this subdivided and addressed yet, but it has all been finished. Currently the subject parcel
- is vacant land. It was annexed into town of Ellsville on November 24th, 2025 by Larry Knighty. It was
- given primary flat approval on February 5th
- The Ellisville comprehensive plan designates the land to the west to be general business with primary
- uses that include large scale businesses such as light industries, warehousing and distribution centers
- which incorporate an array of modern, low impact industrial uses that include warehousing, distribution
- and wholesale facilities.
- The unified development ordinance states the intent of the light industrial district is to provide for
- low intensity, light, and medium intensity industrial activities that are not visible from the public
- street and are compatible with surrounding zoning districts. Petitioner is locating a modular home retail
- business on the parcel. It will have a warehouse, a model home with an office, and approximately 10
- model homes on display.
- Modular homes will not be constructed on the property and there will not be any chemicals on site. The
- modular homes serve as model homes so they will not be moving continually on and off of the parcel.
- Therefore, there will not be any additional wear and tear on the road. The warehouse will be used to
- store materials such as windows, doors, and equipment. The subject parcels located .4 miles or 2,000
- feet from West State Road 46,
- Industrial One is the only zoning district that allows both warehouses, business offices, and retail.
- The required findings, the comprehensive plan, the Ellisville land use map, and the comprehensive plan
- designate the land to be general business with primary use of large-scale businesses such as
- light industries, warehousing, and distribution centers.
- The character of general business land use is an array of modern, low-impact industrial uses, including
- warehousing, distribution, and wholesaling facilities with a limited number of trucks coming in and
- out of the facility each day. The change of zoning is based on the current conditions of the property
- and the surrounding character of the land. Industrial zoning's recommended because the proposed use
- of a modular home business that combines a warehouse
- business office and retail businesses surrounding parcels are zoned industrial one, commercial two,
- and agricultural. The change in zoning does result in allowance of the most desirable use of the property.
- The designation of industrial one zoning aligns with the proposed use of the land. The use or value
- of adjacent properties and those throughout the town will not be affected in a substantially adverse manner.
- The rezoning of this property to industrial one light industrial should have no effect on neighboring
- properties along West Flatwoods Road. The change in zoning does promote the responsible development
- and growth of the property. The proposed use of the property is modular home retail sales. The zoning
- map amendment will align with the intent of the comprehensive plan and similar zoning along Flatwoods Road.
- The plan commission action shall be in the form of a favorable, unfavorable, or no recommendation to
- town council, which takes final action on the zoning map amendment petition. Zoning of industrial one
- or light industry is covered in the Ellsville comprehensive plan. There are other properties zoned industrial
- one and commercial two along West Flatwoods Road
- The area will accommodate the proposed use of modular home retail sales, therefore staff recommends
- a favorable recommendation be forwarded to the town council to amend the zoning for the parcel outline
- above from agricultural to I-1 light industrial and petitioner's representative is present and I'll
- show you the current zoning around the parcel.
- Subject parcel is in yellow. The main parcel annexed, originally annexed is in blue. So this is just
- a proposed plan at this time. This does not mean, your vote does not mean you approve it. So if I can
- get my mouse to show up. So this is where,
- the modular home with the office will be located. And then they're going to have four on each side.
- And then, if I can get it up there. So this is going to be where the warehouse will be located.
- At this time. Will there be a fence around it? Yes.
- The entrance is on the west side of the parcel. The warehouse, I believe he said it's not going to have
- electricity, it's gonna be more of a cold building, because it's just for equipment and storage. The
- only time the homes will leave is their life spans like one to three years, and when they stop selling,
- then they move them off the lot, but they dismantle them to move them off the lot.
- Okay, any questions for Denise? Seeing none, would the petitioner like to say anything? Okay, do we
- have any comments from our vast audience? Seeing none, yep.
- PC 26-11. Second. Okay, roll call, please. David Drake? Yes. Dan Swofford? Yes. Steve Hale? Yes.
- Zach Michael? Yes. Pat Leslawski? Yes. Thank you. Okay, next item on our agenda is planning department
- update. Your next meeting is April 2nd. At this time, I think I'll just
- one petition for you. And that's it. The storage units, the orange ones? I'm 46, aren't they orange?
- By the fire department? Yes. Okay. I was under the impression that there is no businesses allowed in there.
- looks to me like there's U-Haul business in there. Well, the U-Haul business I think is out of the office.
- You can't use like units. Right, they can't use units, but I think the U-Haul is out of the office.
- They can use it out of the office. Okay, thank you. Sure, thank you. For approvals of the floor, I guess
- we're done with approvals of the floor. Planning Commission comments. I would just like to point out that
- The apartment complex off of Raymond Run is currently under construction. And just as we projected several
- years ago, they are building the three-story apartment buildings that are looming over the houses on
- the west side of Raymond Run, which is really going to cut into their view of the sun and the sky.
- and that we denied that project, but a judge decided that we were wrong, and now they're building what
- I expected to be there, which is not very good. That's all I have. All right, we are adjourned.