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.