WEBVTT

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- I'm going to call to order this work session for October 8th. We have two planning petitions. We'll

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- just take them in order. Ordinance 2026-39. And I don't know who is presenting, but probably

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- Ms. Nestor-Gellin. Hello again.

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- needs to be made presenter tst thank you there we go thank you i knew you were there thanks so much

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- all right so we can start with the text amendment thanks for having me back here at the work session

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- I'm going to go ahead and share my screen and I will try to summarize this as best I can. Okay, so on

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- the CDO on the list of changes, we have our nice revisions page where this is a one-stop shop where

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- you can see all prior revisions and current updated revisions proposed to the CDO. The main

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- changes for this text amendment is because the state laws that passed effective July 1, we want to make

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- sure our code aligns with those changes. Specifically, they've made a lot of changes to things like

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- indoor shooting ranges, allowing firearm sales at sporting goods stores, increasing the zones that they're

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- allowed to sell those in, changing some definitions associated with that.

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- We are making those changes because we have to. So I want to go to some of the other changes. We did

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- also do a few staff changes. We continue to clean up the code, make sure it's clear for people. And

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- I just want to be transparent in the state code changes and the staff changes. So one of the things

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- that we've noticed as staff is that we have the subdivision standards in the two pagers for all the zones.

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- we've added this language excluding administrative subdivisions for buildable area requirements and

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- the reason is because though we strive to have all developments and subdivisions in the county have

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- buildable area administrative subdivisions are unique in that they're not really creating developable

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- lots they're shifting lot lines typically and so what you have is a

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- usually people have built over lot lines and they're in a tough spot in that they need to make sure

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- their structures are on their property and they can't always comply with the rest of the code and they'll

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- get variances later but the administrative subdivision section they can't always comply with that buildable

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- area because you may be starting out with a half acre and a half acre and they just don't have it so

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- we want to still keep it flexible because the purpose of those administrative subdivisions are to

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- fix encroachments oftentimes. The next change that we have is to our use table. So we've changed temporary

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- or seasonal activity to be permitted with standards in the residential zone. Those do have standards

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- associated with them. And then we've also changed on page 101 of the sporting goods stores requirement

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- that we have to allow it in the limited business and general business districts. Then I do want to point

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- out we are making a change to allow bus terminal in the heavy industrial district. This is a change

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- because we've heard that the city has purchased a property on profile parkway and there is the zoning

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- there that's heavy industrial does not currently allow for bus terminal.

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- We want to get ahead of that and we think that use is reasonable in that zone based on the comprehensive

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- plan. Then the indoor shooting range by state law, we are required to allow that in the APR district

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- with standards and those standards are also listed below. The next change that we have related to this

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- is we are adding the sporting goods stores

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- standards and they're associated with the retail sales standards. So we've just added that language

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- in there to be clear. And then the change regarding the indoor shooting range. This is straight from

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- the state code, so we're required to expand the numbers of this permitted in and then they also gave

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- us the language for which we have to abide by. So this now is aligned with

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- state code changes. The next bigger change in the code is to the wireless communication facility section.

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- The state has changed it so that we can no longer regulate based on height. So we are differentiating

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- the process for wireless communication facilities, cell towers, based on concealment or zone. So now

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- if you're doing a new concealed

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- tower you're allowed everywhere except for we still have the right to regulate airport zones because

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- of the height restrictions. But non concealed wireless support structures in residential rural residential

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- or institutional public zones are required now to have conditional use approvals.

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- since we cannot differentiate again based on height. It used to be if they were concealed or 60 feet

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- or less, they could go in any district. But now if you have a 200 foot tower in a rural residential

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- zone and it's not going to be concealed, then we're asking for conditional use approval, which will

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- mean that neighbors will be notified upon application. We do have an update to our imagery here where

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- we're just

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- you know, update their code to accommodate or to show some of the newer cell technologies. So there's

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- small cell facilities now, oftentimes in the right of way. So that would just be highway code. But a

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- lot of times what we're seeing are these large monopole non-concealed towers in the county. I do want

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- to mention in our research with the Plan Commission that if they propose a tower at 200 feet of height

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- or greater,

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- They have to go through the FAA no matter where they are. So we do think that that additional burden

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- timeline cost will still drive the development hopefully to stay at that 199 foot threshold that we've

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- previously had and been able to administer. And then there's just some other pictures. Here's an example

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- of a concealed wireless tower. And there's some other examples elsewhere in the code as well.

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- And then on page 174 of the packet, there is some information on what we're allowed to ask during the

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- conditional use process upon reviewing a cell facility. There are some things that we're not allowed

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- to ask for, such as wireless coverage, capacity, speeds, things like that. We're not allowed to ask

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- those questions. So just clarify that for the BTA.

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- And then finally, in this chapter, we made some clarifications on setbacks. One of the things that we

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- have found in reviewing these is that they want to locate in an area near the property line. And so

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- one of the things that we're still able to regulate is for them to establish a fall zone. Now the fall

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- zone is if the tower were to collapse or fall over,

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- How is it engineered to collapse and what is that distance from the cell towers base that it would fall?

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- We're able to regulate that they have to push that tower back from the property line by the fall distance

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- or the fall zone. And also we can regulate a regular zoning setback. So if they bring us an engineered

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- plan that says the tower actually collapses in on itself and there's a zero foot fall zone, we have

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- to accept that.

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- So in order to still keep some proximity between the property line and the cell tower, we're establishing

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- a zone setback for whichever zone they're in. And then we're also asking that any generator, which could

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- be diesel operated and cause some noise, be the furthest away from the property lines as possible within

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- the equipment compound area. So this combined with the language above states

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- the setback rules. And then moving on, we do have some changes to our sidewalk section. This is a change

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- driven by staff. We want to make it very clear for people that are applying specifically for subdivisions

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- when a sidewalk is and is not required. So we are taking out the language under D here, and it is a

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- little bit redundant with what was item E.

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- And then also we've clarified item a, so we're trying to keep it to a mileage delineation because that's

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- a little bit more clear for people applying as to when things are. Being prompted as a requirement and

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- then finally.

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- Most of the remaining changes are state code requirements and they're in the removal of a member also

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- to the definition section. So I'll just bring us back to the total list of revisions and those are enumerated

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- here and just very much the language that the state has provided us with. So these are the remaining

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- changes and I'm happy to answer any questions. All right, thank you so much.

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- No, thank you for the very thorough description. And sorry, we have to update the code in some of these

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- ways, but that's inevitable. So. Yep. Did the best you could, right? Absolutely. Thank you. And I'm

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- really interested in the tower fall lines. And I found that fascinating. And thank you for explaining

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- that. Something I've wondered about for a while. Yeah. Yeah.

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- we have another item as well. But when do you do you want to hear doesn't matter. We can just pass these

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- through the 22nd would work for this one. Okay. If that works for you, we can do the 22nd of October.

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- Okay. Excellent. All right. Um, and, um, if you have questions in the meantime, just contact planning.

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- Um, and then let's move on to ordinance 2026-40.

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- So this is just a work session item for a error in our zoning map. During the CDO update, we had taken

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- on the prior zoning maps boundaries for things like PUDs. And one of the things that we've recently

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- found out for a specific two parcels is that the legal description for this PUD

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- did not include the parcels that we accidentally zoned PUD. So there's a required correction and the

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- plan commission is authoring this correction since it is an error. So the plan commission met and voted

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- to send this to the commissioners with a favorable recommendation that the property be rezoned to community

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- development, which is a zoning district that has

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- For instance, a development standard of a minimum lot size of 0.21 acres. The properties that we're

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- talking about are each over an acre and they are located in sort of a higher density area and they also

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- have some constraints on them. So one of the reasons for the plan commission's recommendation to the

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- CD district and not a high development district is because of the

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- location in the Sinking Creek Critical Watershed, impervious cover standards for the two different zones,

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- as well as the mapped floodway on the property, one of the properties involved. So I will just briefly

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- show a few maps here for this property to show you where it is located. So this is in Van Buren Township, you have

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- the western estates PD, which include a manufactured home park and some high density development directly

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- to the south. And then as you'll see on the zoning map, this area here is community development, which

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- is what this is recommended to be rezoned to. And then you also have the karst farm trail just right

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- up here that's accessible to folks. There were not any comments by highway or stormwater.

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- just that if any future development were to occur, make sure to continue to use the Sierra Drive access

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- point and that Stormwater would need to do a full review for future development at any time. So again,

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- this is PUD zoning in error. So the plan commission is authoring the request to be CD zoning. The property

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- owners are in the process of selling it.

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- and they would like to have the highest and best use for which the property was appraised, which is

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- the HD zoning district. And the property is currently connected to sewer and water, but we have not

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- had a submission from them stating that they would be approved for CBU to be able to increase the sewer

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- or water capacity to the site to support a high development

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- So here is an aerial of the property. There's a single-family home and a pool on one property,

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- a single-family home, detached garage with a dwelling above in this area. And then the floodway is to

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- the west here. So zoom out. Here's the property. It does have constraints on the west side, but not

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- in the area that they're already built out.

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- We have worked with the owners of the property and understand that different buyers want different things.

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- The CD district would allow some redevelopment if they chose to do so, but they would likely need to

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- go through the subdivision process. There is some limited high-density development that they could do,

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- but they would need to have sewer capacity to do so. So that is kind of the summary of these two

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- and what the plan commission is brought for you. So if you have any questions, I'm happy to answer those.

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- Thank you so much. Any questions? No, thank you for the detailed description. There was a bit of debate

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- about HD or CD, and they can always come back and ask for HD, and we'd have to assess it. But given

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- the floodplain, the limited site size, and of course, the Sinking Creek watershed,

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- decision. The decision was CD. So do you want to hear this on the 22nd as well? It was 29th.

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- Do you have a? Either. Um do you? Do you know? Well, I guess since it's our petition, isn't it? I was

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- gonna say we don't have a petitioner. It is us. Um the

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- the 22nd or the 29th. I'll be here on the 22nd, so doesn't matter to me. Well, either one. All right,

00:17:05.801 --> 00:17:11.876
- let's let's do it on the 22nd. Let's see if we can do it. I've got I know there's a couple other things

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- on our agenda, so it's going to say menu. You tell I haven't had breakfast. A couple of the things on

00:17:17.835 --> 00:17:23.735
- our agenda, but yeah, let's just do them all in the 22nd then and and and again if we have questions

00:17:23.735 --> 00:17:29.694
- will contact you directly. Sounds good. Thank you so much. Thanks for sticking around. Appreciate it.

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- All right. Let's talk about the holiday calendar, since planning is very interested in that as well.

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- Yes. Okay, so I present to you guys the resolution 2026-38, which is establishing the 2027 holiday schedule

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- for county employees. And since 2027 is a municipal election,

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- those dates are not part of the holiday schedule. However, upon your approval, those two dates, plus

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- the fact that Christmas Day is on a Saturday, you would provide three floating holidays that employees

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- can elect to use, obviously, upon approval of their supervisor, but throughout the year, how they would

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- like to best use those. Great. Thank you.

00:18:27.586 --> 00:18:39.801
- for you. Um one of the questions was about July 2nd versus July 5th. We will July 5th. Is that work

00:18:39.801 --> 00:18:52.261
- for you? Yes. Okay. All right. Um that was right after the fourth. Yeah. Um. Are you ready to approve

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- it? Yes. Okay I'm going to make a

00:18:56.770 --> 00:19:08.185
- motion. All right. We have a motion and we have a second. Um anything else we need to Okay. Any public

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- comment on this item? You raise your hand on teams or come to the podium. All right. Seeing none. All

00:19:19.490 --> 00:19:25.918
- those in favor proving 2027 holiday schedule signified by

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- when planning puts their calendar together, petitions start coming in. Now they're going to be heard

00:19:33.774 --> 00:19:41.370
- in 27. So we, you know, the courts always want it. The courts want it. Yeah. All right. So then this

00:19:41.370 --> 00:19:49.042
- will go to the courts. It'll go everywhere it needs to go. Right. Thank you so much. Another thing we

00:19:49.042 --> 00:19:55.134
- wanted to discuss and consider making a motion for would be a letter to the, um,

00:19:55.266 --> 00:20:08.806
- and the town of Ellisville Council. So I, Mr. Cockrell provided this information to highway and sheriffs

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- and had resounding agreement with it. So this is not something we're just doing on our own.

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- have is this, and I'll go ahead and read it, because it's short. The Monroe County Board of Commissioners

00:20:30.287 --> 00:20:35.847
- have reviewed the draft plan for the reorganization of Ellsville and Richland Township, and that's April

00:20:35.847 --> 00:20:41.142
- of 2026. The plan includes the following. The organized town shall provide services administered by

00:20:41.142 --> 00:20:46.649
- a town, including but not limited to police and fire, emergency medical services, parks and recreation,

00:20:46.649 --> 00:20:52.156
- land use, planning and zoning, designated utility services, and road and street maintenance. And that's

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- a quote from the plan.

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- If the referendum is approved by the voters of Elstville and Richland Township, it is our understanding

00:21:00.387 --> 00:21:07.104
- that police services Stormwater and Highway, Road Street throughout Richland Township will become the

00:21:07.104 --> 00:21:13.888
- sole responsibility of the reorganized town on January 1st, 2027. And then a note as well, we maintain

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- control and authority over county parks and trails located in Richland Township. Are you all right with

00:21:20.737 --> 00:21:22.910
- that, Litter? Yes. Is that okay?

00:21:23.554 --> 00:21:30.913
- Yeah, I think it's accurate. I mean, I think maybe the purpose of this is I had heard from some of the

00:21:30.913 --> 00:21:38.415
- commissioners that they were getting questions about who's going to operate these services in that area,

00:21:38.415 --> 00:21:45.703
- depending on the vote. So I think this just clarifies it. And from your perspective, as the plan says

00:21:45.703 --> 00:21:46.846
- this, we expect

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- other than the one caveat is we're going to keep our parks because we own them and things like that.

00:21:55.522 --> 00:22:03.330
- And I think a lot of this comes out of there's such a broad debate about this reorganization and I'm

00:22:03.330 --> 00:22:11.370
- glad that people in Richland Township and specifically in Ellesville are paying attention because there

00:22:11.370 --> 00:22:16.318
- is an increase in property taxes and that sort of was the focus

00:22:16.834 --> 00:22:25.255
- of the reorganization plan and oh, it's a average home, it's $12 a month. Okay, $6 a month, okay. But

00:22:25.255 --> 00:22:33.925
- the problem is the reorganization plan did not consider the local income tax and under the way the state

00:22:33.925 --> 00:22:42.346
- legislature in its infinite wisdom has designed it, property taxes will fund less of local government

00:22:42.346 --> 00:22:45.566
- and local income tax will fund more of

00:22:46.018 --> 00:22:58.168
- in the future. And when that happens. Counties. Um. As of now in the legislation because everything

00:22:58.168 --> 00:23:10.440
- changes with this legislature and not in a good way out, but. As things stand now under the standard

00:23:10.440 --> 00:23:15.422
- schema for using a local income tax. The

00:23:15.554 --> 00:23:26.580
- in the city. Um 1.7% Um and the town. Which includes what they call rural and urban Ellisville. It's

00:23:26.580 --> 00:23:37.497
- all part of the town. Could pay as much as 1.2 in lit, and that's in addition to what they would be

00:23:37.497 --> 00:23:44.702
- paying because they're still county residents paying that lit. Um

00:23:45.122 --> 00:23:56.310
- the fire district. Um. Structurally. Um so that part hasn't been and then they had a forum last week

00:23:56.310 --> 00:24:07.830
- and the forums seem to be really focused on this fire district thing. So, um, be. Fire territory. Sorry

00:24:07.830 --> 00:24:14.366
- because, um. If the reorganization doesn't happen, they're

00:24:14.882 --> 00:24:27.698
- and. And part of the. Cell for reorganizing is well, look how much more fire territory costs than if

00:24:27.698 --> 00:24:40.894
- we reorganize and we're one unit. The problem is that. As of we think 2029. There is a point to lit for

00:24:41.154 --> 00:24:49.828
- is divided up that money's collected and that's a local income tax and is divided up by population.

00:24:49.828 --> 00:24:58.588
- There's a whole bit in there about size of square miles plus population. There's a equation actually

00:24:58.588 --> 00:25:08.043
- in the legislation. So worrying about that is a short term worry. It's just important that people understand

00:25:08.043 --> 00:25:10.558
- all of this and I think that

00:25:11.170 --> 00:25:24.258
- that. Um. You know, it's too bad that that it's come down to. There's really no information. I for me

00:25:24.258 --> 00:25:35.550
- what worries me the most. Is that. The referendum is at the beginning of November. And.

00:25:36.994 --> 00:25:52.985
- and I hope they can do it because. I would scare me. Um because you have to have. Have to have police,

00:25:52.985 --> 00:26:05.406
- um. Employed and trained and ready to go. It's a lot to ask. It's a lot to ask.

00:26:05.794 --> 00:26:12.813
- there were some comments made at some of the town council meetings about, well, sheriff's department

00:26:12.813 --> 00:26:19.831
- will still be covering originally. I don't think, no, it's not gonna happen. So it's important to do

00:26:19.831 --> 00:26:26.781
- that. So I'm gonna go ahead, if you're okay with the language, I'm gonna go ahead and make a motion

00:26:26.781 --> 00:26:32.062
- that we approve this letter to the town of Elstville and Richland Township.

00:26:32.770 --> 00:26:38.645
- be sent to them. What else am I missing? I just want to because I talked to some of the Sheriff's Department

00:26:38.645 --> 00:26:44.197
- people and I think the thought is that they will treat this new one the same way they treat Alex Hill.

00:26:44.197 --> 00:26:49.587
- So if there's a huge emergency or anything like that they're not going to turn their backs, they're

00:26:49.587 --> 00:26:54.654
- going to support the law enforcement. I wanted to make sure that was clear that this is not a

00:26:54.850 --> 00:27:00.642
- we're gonna take the ball and go home. This is a, you're taking this responsibility and we're still

00:27:00.642 --> 00:27:06.434
- gonna perform the same services we always have, right? And we have always, our sheriff's department

00:27:06.434 --> 00:27:12.574
- has always helped out in events when necessary and that's not gonna change. But the question is a primary

00:27:12.574 --> 00:27:18.540
- responsibility and the same thing with fire because there's mutual aid and fire as well. And that will

00:27:18.540 --> 00:27:24.158
- continue. There's nothing saying you're out of luck. Yeah, so I'm glad you said that, thank you.

00:27:24.898 --> 00:27:30.873
- Yeah. The Sheriff's Department feels very strongly about that. Yes, absolutely. And they do,

00:27:30.873 --> 00:27:37.297
- they do a lot, they're active in Ellsville. I mean, listen to Scanner, they're active in Ellsville.

00:27:37.297 --> 00:27:43.978
- They do a lot there. So, and we appreciate their willingness to work anywhere in the county. And I know

00:27:43.978 --> 00:27:49.310
- they work with BPD as well. So, okay. Thank you. Thank you, Mr. Cockrell. Did you?

00:27:52.162 --> 00:27:59.533
- So I second. Sorry. Oh, no, you're fine. I just thought Jeff was like ready to explode. I was like,

00:27:59.533 --> 00:28:07.052
- I'm going to ask him for a motion. All right, we have a motion and a second. Any comment on this? You

00:28:07.052 --> 00:28:14.791
- can raise your hand on teams or come to the podium. Thanks. Seeing none, all those in favor of approving

00:28:14.791 --> 00:28:21.278
- this letter, signify by saying aye. Aye. Motion carries to zero. Thank you for waiting.

00:28:21.506 --> 00:28:32.071
- Thank you. All right. Do we have anything else for work session? Are we good? Good All right. Great

00:28:32.071 --> 00:28:41.790
- A reminder that our regular meeting was recessed until Friday tomorrow, October 9th at 3 45
