WEBVTT 00:00:00.000 --> 00:00:04.480 - I'm sorry about that. Good evening, everyone. I'd like to call to order the May meeting of 00:00:04.480 --> 00:00:08.320 - the Monroe County Plan Commission. So Jackie, to get us started, would you call the roll? 00:00:08.320 --> 00:00:13.040 - Sure. David Bush? 00:00:13.040 --> 00:00:14.960 - Here. Margaret Clements? 00:00:14.960 --> 00:00:18.640 - Tron Enright-Randolph? Scott Ferris? 00:00:19.360 --> 00:00:31.200 - Here. Rudy Fields? 00:00:31.200 --> 00:00:34.400 - And I see Rudy's online. Rudy, are you able to speak? 00:00:34.400 --> 00:00:38.240 - Yes. Okay, here. Thank you. 00:00:38.240 --> 00:00:40.560 - David Henry? Here. 00:00:40.560 --> 00:00:42.560 - Jeff Morris? Here. 00:00:43.280 --> 00:00:51.840 - Edward Olman? Julie Thomas? Here. Okay, so we have six members attending five in person in a quorum. 00:00:51.840 --> 00:00:55.520 - Thank you, Jackie. Could you please introduce the evidence for tonight? 00:00:55.520 --> 00:01:00.240 - Sure. I'd like to introduce the following items into the evidence. The Monroe County 00:01:00.240 --> 00:01:05.360 - Development Ordinance as adopted and amended. The Monroe County Comprehensive Plan as adopted 00:01:05.360 --> 00:01:10.160 - and amended. The Monroe County Plan Commission Rules of Procedure as adopted and amended, 00:01:10.160 --> 00:01:14.720 - and the cases that were legally advertised and scheduled for a hearing on tonight's agenda. 00:01:14.720 --> 00:01:17.680 - Move approval. Second. 00:01:17.680 --> 00:01:23.440 - Okay, it's been moved and seconded to introduce and approve the introduction of evidence. A vote 00:01:23.440 --> 00:01:28.960 - yes is a vote to approve. Scott Farris? Yes. Rudy Fields? Yes. 00:01:28.960 --> 00:01:35.760 - He has to be on camera. Yes, just a reminder, Rudy, if you can turn, 00:01:35.760 --> 00:01:39.040 - if you're able to turn your camera on to vote, that would be appreciated. 00:01:39.680 --> 00:01:49.920 - David Henry? Yes. Jeff Morris? Yes. Julie Thomas? Yes. 00:01:49.920 --> 00:01:57.120 - David Bush? Yes. Okay, so it definitely passed five to zero, 00:01:57.120 --> 00:02:00.880 - and Rudy, are you able to turn your camera on? Are you permitted to do so? 00:02:02.080 --> 00:02:11.920 - I believe I am. Okay. Am I on now? No. I do not see your camera on 00:02:11.920 --> 00:02:16.320 - at this point. Yes, now you are. Okay, great. Thank you. 00:02:16.320 --> 00:02:20.800 - Okay, moving on to the approval of the agenda, 00:02:20.800 --> 00:02:24.320 - can we get a motion to approve tonight's agenda? Move approval. 00:02:24.320 --> 00:02:27.760 - Second. Okay, I will go ahead and call the 00:02:27.760 --> 00:02:31.840 - roll on approving the agenda as published. A vote yes is a vote to approve. 00:02:31.840 --> 00:02:38.320 - Rudy Fields? Yes. David Henry? Yes. Jeff Morris? Yes. 00:02:38.320 --> 00:02:45.040 - Julie Thomas? Yes. David Bush? Yes. Motion is approved. Scott Barres? 00:02:45.040 --> 00:02:50.400 - Yes. Motion is approved, six to zero. 00:02:50.400 --> 00:02:56.320 - It's okay. Hey, we have two sets of minutes to approve tonight, March 18, 00:02:56.320 --> 00:03:00.800 - 2025 and April 15, 2025. Do we have a motion for approval? 00:03:00.800 --> 00:03:04.440 - Move approval of both sets of minutes, 00:03:04.440 --> 00:03:07.040 - March 18th and April 15th, 2025. 00:03:07.040 --> 00:03:08.680 - Second. 00:03:08.680 --> 00:03:10.080 - It's been moved and seconded to approve 00:03:10.080 --> 00:03:13.500 - both March 18th and April 15th, 2025 minutes. 00:03:13.500 --> 00:03:16.840 - A vote yes is a vote to approve both sets of minutes. 00:03:16.840 --> 00:03:18.160 - David Henry? 00:03:18.160 --> 00:03:19.240 - Yes. 00:03:19.240 --> 00:03:20.200 - Jeff Morse? 00:03:20.200 --> 00:03:21.700 - Yes. 00:03:21.700 --> 00:03:22.540 - Thomas? 00:03:22.540 --> 00:03:23.880 - Yes. 00:03:23.880 --> 00:03:24.880 - David Bush? 00:03:24.880 --> 00:03:25.880 - Yes. 00:03:25.880 --> 00:03:26.720 - Scott Ferris? 00:03:26.720 --> 00:03:27.540 - Yes. 00:03:27.540 --> 00:03:28.800 - Rudy Fields? 00:03:28.800 --> 00:03:29.640 - Yes. 00:03:29.640 --> 00:03:32.000 - A motion is approved six to zero. 00:03:32.000 --> 00:03:33.960 - Hey, moving on to administrative business. 00:03:33.960 --> 00:03:35.240 - Jackie, are there any updates 00:03:35.240 --> 00:03:38.400 - on the CDO amendment prioritization list this month? 00:03:38.400 --> 00:03:40.560 - No updates. 00:03:40.560 --> 00:03:43.800 - We are continuing on with the prioritization list. 00:03:43.800 --> 00:03:46.000 - There's actually one item on tonight's agenda 00:03:46.000 --> 00:03:47.000 - that relates to this. 00:03:47.000 --> 00:03:48.240 - So just as a reminder, 00:03:48.240 --> 00:03:49.760 - we are reviewing these first 00:03:49.760 --> 00:03:51.680 - at the ordinance review committee, 00:03:51.680 --> 00:03:54.020 - which is a subcommittee of the plan commission 00:03:54.020 --> 00:03:57.920 - that meets the second Monday of each month at four o'clock 00:03:57.920 --> 00:04:01.680 - as presented on the events calendar, so. 00:04:01.680 --> 00:04:03.400 - Hey, thank you, Jackie. 00:04:03.400 --> 00:04:04.820 - Moving on to unfinished business. 00:04:04.820 --> 00:04:07.760 - Are we taking the two Holland Field requests together 00:04:07.760 --> 00:04:09.560 - or do you want to do those separately? 00:04:09.560 --> 00:04:12.240 - Let's go ahead and do those together. 00:04:12.240 --> 00:04:15.240 - SIA-22-7 and SIA-22-9. 00:04:15.240 --> 00:04:20.940 - Okay, and I will go ahead and cover these 00:04:20.940 --> 00:04:23.520 - for Tammy Bierman. 00:04:23.520 --> 00:04:25.600 - And I'll just provide with a few updates 00:04:25.600 --> 00:04:29.080 - and then an updated recommendation. 00:04:29.080 --> 00:04:33.240 - So we do have some updates from the petitioner. 00:04:33.240 --> 00:04:37.720 - They have been working diligently on making some progress 00:04:37.720 --> 00:04:40.720 - to tonight's deadline with the meeting. 00:04:40.720 --> 00:04:43.520 - So, so far we've communicated with them 00:04:43.520 --> 00:04:46.560 - and they've submitted as-builts of phases one and two 00:04:46.560 --> 00:04:48.800 - to the Monroe County Highway Department. 00:04:48.800 --> 00:04:51.080 - They received feedback on those as-builts 00:04:51.080 --> 00:04:55.320 - and then Smith Design, their engineering firm, 00:04:55.320 --> 00:04:59.720 - they were able to get a finished draft of a new design plan 00:04:59.720 --> 00:05:04.720 - and that was submitted back to the developers on May 12th. 00:05:04.720 --> 00:05:09.040 - We do plan to meet with Hybrid Investment Group, 00:05:09.040 --> 00:05:10.960 - the developer in this case, 00:05:10.960 --> 00:05:13.800 - and they would like to meet after tonight's meeting 00:05:13.800 --> 00:05:16.680 - and before the admin meeting 00:05:16.680 --> 00:05:20.200 - to review the new design plans, related cost estimates, 00:05:20.200 --> 00:05:22.960 - and to make sure that we can procedurally move forward 00:05:22.960 --> 00:05:26.240 - without any other planning process. 00:05:26.240 --> 00:05:29.320 - And then they have been working through Smith Design Group 00:05:29.320 --> 00:05:32.600 - with the developers of the Holland Three Lot Miner, 00:05:32.600 --> 00:05:35.440 - which is Blackwell Contractors, Inc. 00:05:35.440 --> 00:05:38.120 - Blackwell Contractors did not meet their deadline, 00:05:38.120 --> 00:05:40.520 - but we have been in contact with them 00:05:40.520 --> 00:05:42.440 - and through Smith Design, 00:05:42.440 --> 00:05:46.280 - I believe we can still make progress on this. 00:05:46.280 --> 00:05:47.440 - So just a reminder, 00:05:47.440 --> 00:05:51.000 - this is an outline of Holland Field's phase two 00:05:51.920 --> 00:05:55.480 - and this is the outline of Holland Field's phase one. 00:05:55.480 --> 00:05:57.880 - And then this right here where my cursor is 00:05:57.880 --> 00:05:59.680 - is the Holland Three Lot Miner. 00:05:59.680 --> 00:06:03.440 - So there is some overlap of public improvements 00:06:03.440 --> 00:06:05.060 - between the Holland Three Lot Miner 00:06:05.060 --> 00:06:06.840 - and the Holland Field's phase one, 00:06:06.840 --> 00:06:10.920 - which is what is primarily needing some of the redesign work. 00:06:10.920 --> 00:06:14.040 - So just another quick update. 00:06:14.040 --> 00:06:17.920 - So we did, the Plan Commission did vote to continue this 00:06:17.920 --> 00:06:21.880 - to April 15th and then again to tonight's meeting 00:06:21.880 --> 00:06:25.120 - and they have completed the requests 00:06:25.120 --> 00:06:26.500 - that we've asked so far. 00:06:26.500 --> 00:06:28.280 - So they did, they have been providing us 00:06:28.280 --> 00:06:32.960 - with updated status reports, both the attorney, 00:06:32.960 --> 00:06:36.560 - the develop, all of them, the developer, the attorney 00:06:36.560 --> 00:06:40.720 - and the engineering firm have provided us updates. 00:06:40.720 --> 00:06:43.580 - They have been meeting with the developer 00:06:43.580 --> 00:06:47.760 - of the Holland Three Lot Miner through their design firm 00:06:47.760 --> 00:06:50.720 - and they do have the new estimate 00:06:50.720 --> 00:06:53.860 - but they are waiting for a meeting to review that 00:06:53.860 --> 00:06:57.440 - with the county to make sure it would be agreeable 00:06:57.440 --> 00:07:00.080 - and then they've identified missing 00:07:00.080 --> 00:07:03.840 - or incorrect requirements and we have received 00:07:03.840 --> 00:07:07.620 - the new letters of credit with another year extension 00:07:07.620 --> 00:07:11.240 - as requested so they do have those, 00:07:11.240 --> 00:07:14.440 - they have submitted both of those for phase one and two 00:07:14.440 --> 00:07:17.320 - and then performance period, you know, 00:07:17.320 --> 00:07:20.280 - pending tonight's decision if it's continued 00:07:20.280 --> 00:07:24.480 - or if it's decided upon, that would be based on 00:07:24.480 --> 00:07:27.040 - tonight's decision or a future night's decision. 00:07:27.040 --> 00:07:30.960 - So we have updated the recommendation 00:07:30.960 --> 00:07:34.320 - after speaking with them to continue this 00:07:34.320 --> 00:07:38.200 - an additional time, ideally because we do not yet 00:07:38.200 --> 00:07:41.800 - have the new design in our hands with the cost estimate 00:07:41.800 --> 00:07:44.880 - and so it's challenging at this point to provide 00:07:44.880 --> 00:07:48.240 - a correct performance period end date 00:07:48.240 --> 00:07:52.200 - and to request a certain financial guarantee amount 00:07:52.200 --> 00:07:54.560 - that includes inflation adjustments. 00:07:54.560 --> 00:07:58.320 - So without the new design and the new cost estimate 00:07:58.320 --> 00:08:01.320 - that we believe they have those in hand, 00:08:01.320 --> 00:08:03.400 - we don't feel that it would be helpful 00:08:03.400 --> 00:08:05.480 - to vote on this tonight. 00:08:05.480 --> 00:08:07.640 - So with that, I could take any questions. 00:08:07.640 --> 00:08:12.640 - Yeah, Commissioner Thomas. 00:08:12.640 --> 00:08:16.280 - Okay, I've just moved my cursor and I've lost my place, 00:08:16.280 --> 00:08:21.280 - but there was something about how this had to be done now. 00:08:21.280 --> 00:08:28.500 - So does that still hold? 00:08:28.500 --> 00:08:31.560 - There was some urgency because of the connection 00:08:31.560 --> 00:08:34.000 - with the other development, sorry, yes. 00:08:34.000 --> 00:08:39.000 - Yes, there was a timeline for the Holland three lot minor 00:08:39.000 --> 00:08:42.240 - to give us a new subdivision improvement agreement 00:08:42.240 --> 00:08:45.640 - to get us new designs, new estimates. 00:08:45.640 --> 00:08:48.360 - We talked with Smith Design, they do have that, 00:08:48.360 --> 00:08:51.080 - but they haven't heard back from Blackwell Contractors 00:08:51.080 --> 00:08:55.120 - that they need to approve of the design and the cost estimate 00:08:55.120 --> 00:08:57.360 - before it can get sent to the county. 00:08:57.360 --> 00:09:02.360 - Okay, so there isn't a deadline with that specifically 00:09:02.360 --> 00:09:06.800 - that is going to be impacted by a continuance here. 00:09:06.800 --> 00:09:10.080 - Right, we have approved a performance period end date 00:09:10.080 --> 00:09:12.800 - for that subdivision till next year, 00:09:12.800 --> 00:09:16.160 - but we're hoping that if we could get some of that information 00:09:16.160 --> 00:09:20.120 - by tonight, we could then vote tonight on this subdivision. 00:09:20.120 --> 00:09:21.720 - Gotcha, okay, thank you. 00:09:21.720 --> 00:09:25.800 - Any other questions for Jackie? 00:09:25.800 --> 00:09:29.880 - Okay, so we can turn now to the petitioner 00:09:29.880 --> 00:09:31.280 - or petitioner's representative. 00:09:31.280 --> 00:09:34.280 - If you're here and wish to speak, you'll have 15 minutes. 00:09:34.280 --> 00:09:38.400 - And we do have their attorney online, Angela Parker. 00:09:38.400 --> 00:09:40.120 - I believe she has her hand raised. 00:09:40.120 --> 00:09:42.440 - Okay, Ms. Parker, if you'd like to speak on this petition, 00:09:42.440 --> 00:09:44.740 - you'll have 15 minutes if tech services 00:09:44.740 --> 00:09:46.040 - could allow you to unmute. 00:09:46.040 --> 00:09:51.040 - I just did, thank you very much. 00:09:51.040 --> 00:09:55.760 - I'm Angela Parker, I represent Hybrid Investments LLC, 00:09:55.760 --> 00:09:58.680 - which is the developer in this matter, as you know. 00:09:58.680 --> 00:10:02.840 - Don Turner is somewhere on this Teams call with us, 00:10:02.840 --> 00:10:04.160 - so if there's specific questions, 00:10:04.160 --> 00:10:06.120 - he can certainly answer those. 00:10:06.120 --> 00:10:08.160 - Our time will not take 15 minutes 00:10:08.160 --> 00:10:13.160 - because we concur with the report as Ms. Dillon 00:10:13.160 --> 00:10:15.400 - has given it tonight. 00:10:15.400 --> 00:10:19.520 - We're working feverishly and I think very productively 00:10:19.520 --> 00:10:23.760 - to get the subdivision improvement agreement, 00:10:23.760 --> 00:10:26.160 - look at the bond and the cost and the site plan 00:10:26.160 --> 00:10:29.080 - and get all of that lined out and approved, 00:10:29.080 --> 00:10:32.120 - which is why we'd like to meet with planning 00:10:32.120 --> 00:10:34.440 - after this meeting but before the next 00:10:34.440 --> 00:10:37.560 - so that we can hopefully get some agreement 00:10:37.560 --> 00:10:42.400 - around those topics and we've met with Mr. Blackwell, 00:10:42.400 --> 00:10:43.880 - we've met with his attorney 00:10:43.880 --> 00:10:46.240 - and they are also working with Smith Design Group 00:10:46.240 --> 00:10:49.240 - so we think this will all dovetail at the end 00:10:49.240 --> 00:10:50.920 - and we'll be able to come up with a plan 00:10:50.920 --> 00:10:53.960 - and an allocation of costs that makes sense, 00:10:53.960 --> 00:10:57.960 - which of course then will also impact the bond determination 00:10:57.960 --> 00:11:00.360 - for those two phases. 00:11:00.360 --> 00:11:03.400 - So we appreciate the opportunity 00:11:03.400 --> 00:11:06.260 - to have an update before the commission. 00:11:06.260 --> 00:11:08.040 - We certainly appreciate our work 00:11:08.040 --> 00:11:10.440 - and I've expressed this to Ms. Gellin as well 00:11:10.440 --> 00:11:13.520 - with her staff but also with the highway department 00:11:13.520 --> 00:11:15.680 - because a lot of what's going on here 00:11:15.680 --> 00:11:18.880 - impacts their review and approvals 00:11:18.880 --> 00:11:20.860 - and I wasn't at the meeting last week 00:11:20.860 --> 00:11:23.600 - but I understand it was a very productive meeting 00:11:23.600 --> 00:11:26.840 - to review some of the detail and some consensus 00:11:26.840 --> 00:11:30.640 - about how to handle some of the site plan improvements 00:11:30.640 --> 00:11:32.840 - that need to occur. 00:11:32.840 --> 00:11:35.420 - So with all of that being said, 00:11:35.420 --> 00:11:37.720 - we would respectfully request 00:11:37.720 --> 00:11:40.920 - that we be given a little bit more time 00:11:40.920 --> 00:11:45.020 - so that we can bring you a more complete final, 00:11:45.020 --> 00:11:49.220 - hopefully with the planning and highway approval agreement 00:11:49.220 --> 00:11:52.120 - about proceeding forward with the performance period 00:11:52.120 --> 00:11:54.680 - to cost the bond and the plan. 00:11:54.680 --> 00:11:59.700 - And with that, we're happy to entertain any questions 00:11:59.700 --> 00:12:02.600 - that you might have this evening and thank you. 00:12:02.600 --> 00:12:03.800 - Thank you for your time. 00:12:05.160 --> 00:12:06.000 - Thank you, Ms. Parker. 00:12:06.000 --> 00:12:08.460 - Do any members of the plan commission have questions? 00:12:08.460 --> 00:12:12.340 - Okay, it doesn't look like we have any. 00:12:12.340 --> 00:12:13.980 - Thank you, Ms. Parker. 00:12:13.980 --> 00:12:16.960 - We can turn now to public comment. 00:12:16.960 --> 00:12:19.480 - If there's anybody here in the room that wishes to speak 00:12:19.480 --> 00:12:21.160 - either for or against this petition, 00:12:21.160 --> 00:12:22.520 - you're welcome to come to the podium 00:12:22.520 --> 00:12:24.120 - and you'll have three minutes. 00:12:24.120 --> 00:12:26.200 - If there's anybody online who wishes to speak 00:12:26.200 --> 00:12:28.800 - in favor or against, please raise your virtual hand. 00:12:28.800 --> 00:12:32.280 - Okay, seeing no one, 00:12:32.280 --> 00:12:34.120 - we will come back now to the plan commission 00:12:34.120 --> 00:12:36.880 - for any comments or a motion. 00:12:36.880 --> 00:12:46.920 - Comments, if anybody would be willing to make a motion. 00:12:46.920 --> 00:12:53.200 - So I'll attempt to make a motion. 00:12:53.200 --> 00:12:58.200 - So for SIA 22, seven and nine, 00:13:02.760 --> 00:13:05.920 - I'll make a motion that we continue this petition 00:13:05.920 --> 00:13:10.920 - for 22, seven until 17 June. 00:13:10.920 --> 00:13:15.640 - And the same for SIA 22, nine, 00:13:15.640 --> 00:13:17.440 - we'll continue that to 17 June. 00:13:17.440 --> 00:13:20.760 - Second. 00:13:20.760 --> 00:13:23.520 - That's good. 00:13:23.520 --> 00:13:24.600 - It's been moved and seconded 00:13:24.600 --> 00:13:29.600 - to continue both petitions SIA-22-7 and SIA-22-9, 00:13:31.360 --> 00:13:33.800 - which is Holland Fields phase two 00:13:33.800 --> 00:13:38.400 - and phase one performance period extension to the June, 00:13:38.400 --> 00:13:42.280 - continue this to the June 17th, 2025 regular meeting 00:13:42.280 --> 00:13:43.900 - of the plan commission. 00:13:43.900 --> 00:13:48.240 - A vote yes is a vote to approve the continuance to June. 00:13:48.240 --> 00:13:49.600 - David Henry? 00:13:49.600 --> 00:13:50.440 - Yes. 00:13:50.440 --> 00:13:51.480 - Jeff Morris? 00:13:51.480 --> 00:13:52.360 - Yes. 00:13:52.360 --> 00:13:53.280 - Julie Thomas? 00:13:53.280 --> 00:13:54.720 - Yes. 00:13:54.720 --> 00:13:55.720 - David Bush? 00:13:55.720 --> 00:13:57.320 - Yes. 00:13:57.320 --> 00:13:58.600 - Scott Ferris? 00:13:58.600 --> 00:13:59.440 - Yes. 00:13:59.440 --> 00:14:00.960 - Rudy Fields? 00:14:00.960 --> 00:14:01.840 - Yes. 00:14:01.840 --> 00:14:04.320 - Motion is approved six to zero. 00:14:04.320 --> 00:14:05.240 - Thank you, Jackie. 00:14:05.240 --> 00:14:07.620 - And before we continue, I meant to mention earlier 00:14:07.620 --> 00:14:12.620 - that case PUD-25-1, the North part two PUD development plan 00:14:12.620 --> 00:14:14.720 - has been continued to a future meeting. 00:14:14.720 --> 00:14:18.560 - So if you're here to speak to that case tonight, 00:14:18.560 --> 00:14:19.600 - we will not be hearing that. 00:14:19.600 --> 00:14:21.480 - I apologize that I just now brought that up, 00:14:21.480 --> 00:14:24.260 - but moving on to the next item on the agenda, 00:14:24.260 --> 00:14:29.260 - we have ZOA-25-2, which is amendments to the CDO. 00:14:29.260 --> 00:14:30.600 - This is the final hearing. 00:14:30.600 --> 00:14:31.440 - Thank you. 00:14:31.440 --> 00:14:40.800 - Okay, so this is an amendment to the CDO 00:14:40.800 --> 00:14:44.480 - regarding the impervious cover maximums. 00:14:44.480 --> 00:14:47.680 - We've heard this at the last planned commission meeting, 00:14:47.680 --> 00:14:51.720 - and this is now the final hearing for this case. 00:14:51.720 --> 00:14:54.440 - We brought back to you some changes 00:14:54.440 --> 00:14:56.440 - that we described in the administrative meeting 00:14:56.440 --> 00:14:58.600 - that I'll go over again tonight, 00:14:58.600 --> 00:15:01.600 - and also a few additional aerials 00:15:01.600 --> 00:15:05.800 - that will describe or illustrate the types of properties 00:15:05.800 --> 00:15:07.520 - that would be able to be approved 00:15:07.520 --> 00:15:11.200 - with the maximum impervious cover square footages 00:15:11.200 --> 00:15:12.700 - that we've now set out. 00:15:12.700 --> 00:15:16.680 - So I did wanna update the planned commission. 00:15:16.680 --> 00:15:20.440 - We did update the cover page just briefly, 00:15:20.440 --> 00:15:24.840 - but importantly, we have taken now 33 variance filings 00:15:24.840 --> 00:15:27.580 - this year, and 16 have included requests 00:15:27.580 --> 00:15:28.600 - for impervious cover. 00:15:28.600 --> 00:15:33.600 - So we are trying to move forward with the new estimates, 00:15:33.600 --> 00:15:37.360 - and again, the goal is not to remove all needed variances, 00:15:37.360 --> 00:15:41.880 - but just to fine tune it to work with the changeover 00:15:41.880 --> 00:15:46.000 - of the CDO and to try and stay with the purpose 00:15:46.000 --> 00:15:47.860 - of the maximum impervious cover 00:15:47.860 --> 00:15:49.920 - for new development moving forward. 00:15:49.920 --> 00:15:54.640 - So I'll go ahead and start with our text amendment, 00:15:54.640 --> 00:15:59.360 - and then I'll go through some of the aerials 00:15:59.360 --> 00:16:01.640 - I think that will be helpful thereafter. 00:16:01.640 --> 00:16:06.280 - So this text amendment, as I mentioned, 00:16:06.280 --> 00:16:10.960 - is working with primarily what we call the two-pagers 00:16:10.960 --> 00:16:14.400 - or summary tables for the different zoning districts. 00:16:14.400 --> 00:16:17.880 - We have amended several of the zoning districts 00:16:17.880 --> 00:16:21.400 - with different numbers, and then we've also amended 00:16:21.400 --> 00:16:24.760 - some of the superscripts for all of the zones. 00:16:24.760 --> 00:16:27.100 - So the biggest change on the screen 00:16:27.100 --> 00:16:29.360 - is that we are recommending breaking out 00:16:29.360 --> 00:16:33.160 - the maximum impervious cover based on lot size, 00:16:33.160 --> 00:16:35.920 - and then also increasing that amount 00:16:35.920 --> 00:16:39.160 - that's permitted based on each lot size 00:16:39.160 --> 00:16:42.280 - and whether it's in a critical watershed or not. 00:16:42.280 --> 00:16:44.000 - So there are those changes there. 00:16:44.000 --> 00:16:48.040 - And then the superscript number two is being added, 00:16:48.040 --> 00:16:51.560 - it did say before excluding agricultural buildings, 00:16:51.560 --> 00:16:55.240 - but now it's going to also point people to chapter 813, 00:16:55.240 --> 00:16:58.560 - which I will go through for some additional exceptions 00:16:58.560 --> 00:17:01.020 - that are for discussion tonight. 00:17:01.020 --> 00:17:05.400 - So these numbers are pretty consistent 00:17:05.400 --> 00:17:06.800 - between the different zones. 00:17:06.800 --> 00:17:09.560 - I will mention that Forest Residential, 00:17:09.560 --> 00:17:12.920 - since it has a five acre minimum lot size, 00:17:12.920 --> 00:17:17.120 - we did take consideration that since the other zone, 00:17:17.120 --> 00:17:20.880 - AGR and CVR have a zero to 2.5 range 00:17:20.880 --> 00:17:23.720 - and then a 2.5 to five range. 00:17:23.720 --> 00:17:26.680 - We tried to meet what the middle ground would be 00:17:26.680 --> 00:17:28.820 - for those properties since they're starting out 00:17:28.820 --> 00:17:30.520 - at five acres. 00:17:30.520 --> 00:17:34.840 - And primarily the Forest Residential and the CVR, 00:17:34.840 --> 00:17:36.660 - the Conservation Residential, 00:17:36.660 --> 00:17:40.120 - those are located more on the east side of the county, 00:17:40.120 --> 00:17:44.640 - which is sometimes also corresponding with the eco area. 00:17:44.640 --> 00:17:48.260 - So that's also in our minds as we look at this. 00:17:48.260 --> 00:17:53.120 - Here's the Conservation Residential, 00:17:53.120 --> 00:17:55.720 - two and a half acre minimum lot size. 00:17:55.720 --> 00:17:58.640 - So very similar to the AGR as well. 00:17:58.640 --> 00:18:04.360 - And then for some of the zones 00:18:04.360 --> 00:18:07.240 - where we didn't make much change to the numbers, 00:18:07.240 --> 00:18:08.800 - we just added, as I mentioned, 00:18:08.800 --> 00:18:11.200 - the C Chapter 813 for exceptions 00:18:11.200 --> 00:18:15.000 - and made sure that it said to exclude agricultural buildings 00:18:15.000 --> 00:18:17.940 - in all zones where there were agricultural buildings 00:18:17.940 --> 00:18:19.340 - from the impervious cover. 00:18:19.340 --> 00:18:23.000 - And then this is for the residential zone. 00:18:23.000 --> 00:18:26.280 - So we have changed those numbers as well. 00:18:26.280 --> 00:18:29.160 - Those have a one acre minimum lot size. 00:18:29.160 --> 00:18:37.800 - And then the footnote would be 00:18:37.800 --> 00:18:39.860 - for most of the other properties. 00:18:39.860 --> 00:18:42.560 - I think there's another change to the community development 00:18:42.560 --> 00:18:45.140 - as well for number change. 00:18:45.140 --> 00:18:51.160 - And then the rest are just the superscript changes, 00:18:51.160 --> 00:18:55.760 - additions there for C Chapter 813 for exceptions. 00:18:55.760 --> 00:18:59.360 - So I will go ahead and scroll down to Chapter 813 00:18:59.360 --> 00:19:00.600 - at this point. 00:19:00.600 --> 00:19:03.040 - We did not make any substantial changes 00:19:03.040 --> 00:19:06.800 - to the non-residential zones. 00:19:06.800 --> 00:19:10.240 - So I'll skip over those except for the superscripts. 00:19:10.240 --> 00:19:15.720 - Okay, so in Chapter 813, 00:19:15.720 --> 00:19:20.720 - we are recommending a section for impervious cover. 00:19:20.720 --> 00:19:23.960 - We wanted to add a purpose statement, 00:19:23.960 --> 00:19:25.640 - which includes that the purpose 00:19:25.640 --> 00:19:28.400 - of the impervious cover maximum standards 00:19:28.400 --> 00:19:30.600 - are to encourage compact development 00:19:30.600 --> 00:19:33.480 - and therefore reduce overall impervious cover 00:19:33.480 --> 00:19:36.600 - to implement open space requirements on individual lots 00:19:36.600 --> 00:19:39.640 - and possibly reduce negative stormwater impacts, 00:19:39.640 --> 00:19:43.240 - reduce erosion related to excessive sheet flow runoff 00:19:43.240 --> 00:19:45.700 - as a result of greater impervious cover, 00:19:45.700 --> 00:19:48.360 - reduce ponding of water on properties, 00:19:48.360 --> 00:19:50.640 - reduce impacts to adjacent neighbors, 00:19:50.640 --> 00:19:53.820 - protect critical watershed areas, 00:19:53.820 --> 00:19:57.040 - and areas prone to flooding from increased flash flooding 00:19:57.040 --> 00:20:01.240 - as a result of large impervious cover with some exceptions. 00:20:01.240 --> 00:20:03.760 - So if any of these exceptions apply, 00:20:03.760 --> 00:20:07.600 - we would not count these against your total impervious cover. 00:20:07.600 --> 00:20:11.200 - So exception number one is driveways in existence 00:20:11.200 --> 00:20:15.360 - on March 11th, 2024, which is the last update 00:20:15.360 --> 00:20:17.760 - of our flyover aerial that we have 00:20:17.760 --> 00:20:20.600 - on our publicly available GIS system. 00:20:20.600 --> 00:20:23.800 - So those driveways would be exempt as well as, 00:20:23.800 --> 00:20:26.320 - in addition, driveways that had proper approvals 00:20:26.320 --> 00:20:30.600 - for installation prior to December 19th, 2024. 00:20:30.600 --> 00:20:33.760 - And then number two, driveways within access and utility 00:20:33.760 --> 00:20:36.880 - easements or utilized to access another lot of record 00:20:36.880 --> 00:20:39.800 - shall be considered exempt from this provision. 00:20:39.800 --> 00:20:42.600 - And three, sidewalks within private property 00:20:42.600 --> 00:20:44.680 - that are for public use are exempt 00:20:44.680 --> 00:20:47.000 - from the impervious cover calculation. 00:20:47.000 --> 00:20:52.240 - I also want to bring up that we are requesting an edit 00:20:52.240 --> 00:20:54.920 - to the impervious cover definition. 00:20:54.920 --> 00:20:56.840 - This gets rid of some duplication, 00:20:56.840 --> 00:21:01.840 - but also makes it a little bit clear about the types 00:21:01.840 --> 00:21:04.880 - of things that we are looking at 00:21:04.880 --> 00:21:07.680 - counting towards impervious cover. 00:21:07.680 --> 00:21:10.840 - There's been an extensive discussion by the planned 00:21:10.840 --> 00:21:13.860 - commission, and I think at staff level as well, 00:21:13.860 --> 00:21:17.680 - as to whether to include gravel in the impervious cover. 00:21:17.680 --> 00:21:20.640 - So it's still drafted as being in here, 00:21:20.640 --> 00:21:22.120 - including driveways. 00:21:22.120 --> 00:21:25.720 - And so right now we have asphalt or concrete, 00:21:25.720 --> 00:21:29.200 - private access road, driveways, parking lots, 00:21:29.200 --> 00:21:32.300 - decks, patio areas, things like that. 00:21:32.300 --> 00:21:36.140 - So I think that something that we're looking for tonight 00:21:36.140 --> 00:21:39.120 - is just to make sure that the planned commission agrees 00:21:39.120 --> 00:21:43.120 - upon this definition, or if there's any further modification. 00:21:43.120 --> 00:21:45.360 - So I can pause here, or I can go on 00:21:45.360 --> 00:21:47.040 - to some of the visual examples, 00:21:47.040 --> 00:21:48.640 - and then come back to this part. 00:21:48.640 --> 00:21:50.800 - I have a question. 00:21:51.720 --> 00:21:56.440 - Okay, what was the take of the Drainage Board 00:21:56.440 --> 00:21:59.720 - and the stormwater staff, 00:21:59.720 --> 00:22:02.360 - and the stormwater director about gravel? 00:22:02.360 --> 00:22:03.960 - What did they say about that? 00:22:03.960 --> 00:22:07.120 - Yes, and I do believe we do have Erica Penn, 00:22:07.120 --> 00:22:09.120 - a stormwater program manager online. 00:22:09.120 --> 00:22:11.720 - So Erica, if you wanted to answer this question, 00:22:11.720 --> 00:22:14.400 - or I'm happy to answer from my perspective 00:22:14.400 --> 00:22:15.980 - of attending Drainage Board. 00:22:20.480 --> 00:22:22.760 - Yeah, sorry, I just had to move away from my toddler 00:22:22.760 --> 00:22:24.260 - that was playing very loudly. 00:22:24.260 --> 00:22:32.240 - In our perspective, gravel acts as an impervious surface, 00:22:32.240 --> 00:22:37.120 - because it does not allow the full infiltration, 00:22:37.120 --> 00:22:39.360 - and it compacts over time, 00:22:39.360 --> 00:22:42.040 - so it acts like an impervious surface 00:22:42.040 --> 00:22:43.400 - just through the compaction. 00:22:43.400 --> 00:22:49.160 - And Drainage Board was under the same definition. 00:22:49.560 --> 00:22:54.560 - Okay, so to clarify, you believe that gravel 00:22:54.560 --> 00:23:02.720 - should be listed as part of the impervious surfaces 00:23:02.720 --> 00:23:06.720 - in this ordinance. 00:23:06.720 --> 00:23:15.640 - Yes, when we look at impervious cover 00:23:15.640 --> 00:23:17.440 - from a stormwater perspective, 00:23:17.440 --> 00:23:20.280 - gravel counts as impervious. 00:23:20.280 --> 00:23:24.400 - Okay, all right. 00:23:24.400 --> 00:23:29.400 - So Ms. Nesterjellen, 00:23:29.400 --> 00:23:38.600 - on this list, there is previous pavers, 00:23:38.600 --> 00:23:44.160 - asphalt, or concrete, 00:23:44.160 --> 00:23:47.120 - and then it lists a bunch of other things. 00:23:47.120 --> 00:23:50.680 - So it almost seems like if we want to insert gravel, 00:23:50.680 --> 00:23:54.240 - it should go in that section, 00:23:54.240 --> 00:23:57.760 - asphalt, gravel, or concrete, or something like that, right? 00:23:57.760 --> 00:24:01.600 - Okay, all right, I will hold from that, thank you. 00:24:01.600 --> 00:24:06.120 - Yep, Mr. Farris. 00:24:06.120 --> 00:24:09.160 - I still have an issue. 00:24:09.160 --> 00:24:12.440 - And like I've stated the last two times, 00:24:12.440 --> 00:24:13.940 - we've talked about it. 00:24:13.940 --> 00:24:15.400 - I mean, there are gonna be situations, 00:24:15.400 --> 00:24:17.320 - I think others have commented that grass does grow 00:24:17.320 --> 00:24:18.140 - through gravel. 00:24:18.140 --> 00:24:20.960 - If you are going to include gravel in here, 00:24:20.960 --> 00:24:25.960 - you need to define what gravel is, the density, the depth, 00:24:25.960 --> 00:24:28.280 - because there is situations, as we all know, 00:24:28.280 --> 00:24:30.720 - where you see, in rural properties, 00:24:30.720 --> 00:24:33.600 - you're going to see buildings where you have strips 00:24:33.600 --> 00:24:35.920 - of gravel, but not complete gravel, 00:24:35.920 --> 00:24:37.960 - with grass growing in between it. 00:24:37.960 --> 00:24:41.160 - And I can make the argument, like I think I just did, 00:24:41.160 --> 00:24:43.520 - that that is not an impervious service. 00:24:43.520 --> 00:24:44.880 - So that would be my argument. 00:24:44.880 --> 00:24:47.320 - Now, I'm welcome to any other debate around here, 00:24:47.320 --> 00:24:48.920 - to convince me that I don't know. 00:24:48.920 --> 00:25:00.920 - I don't know that we can get into, 00:25:00.920 --> 00:25:05.960 - or should get into width, or depth, or type, 00:25:05.960 --> 00:25:10.960 - because I think that just makes things less clear. 00:25:10.960 --> 00:25:14.600 - I will say, yes, I have moss growing in my gravel, 00:25:14.600 --> 00:25:16.480 - on my driveway, and I'm gonna leave it there, 00:25:16.480 --> 00:25:18.480 - and it's great, I like having it. 00:25:18.480 --> 00:25:21.640 - But I would still consider it an impervious service, 00:25:21.640 --> 00:25:26.640 - because as Ms. Penna noted, 00:25:26.640 --> 00:25:33.180 - water can pool because it's compacted. 00:25:33.180 --> 00:25:40.400 - So, boy, what are your thoughts on that? 00:25:41.400 --> 00:25:44.860 - What are your thoughts on that? 00:25:44.860 --> 00:25:50.800 - So I think that one of the challenges 00:25:50.800 --> 00:25:53.240 - is either you can get the numbers right, 00:25:53.240 --> 00:25:57.000 - or you can get the exceptions right. 00:25:57.000 --> 00:25:58.760 - And I think that right now, 00:25:58.760 --> 00:26:01.120 - we're trying to target the numbers, 00:26:01.120 --> 00:26:04.240 - and the exceptions will help for properties 00:26:04.240 --> 00:26:06.480 - that already have existing driveways. 00:26:06.480 --> 00:26:10.160 - So what we're seeing is really long driveways with a house, 00:26:10.160 --> 00:26:12.040 - and then they wanna add one more garage, 00:26:12.040 --> 00:26:15.440 - but they're already 10,000 square feet over the impervious. 00:26:15.440 --> 00:26:18.720 - Obviously, we can't ask people to pick up their house 00:26:18.720 --> 00:26:21.160 - and move it to shorten up their driveway 00:26:21.160 --> 00:26:22.440 - and then put the garage. 00:26:22.440 --> 00:26:24.160 - That's just not reasonable. 00:26:24.160 --> 00:26:27.400 - But for new development, the way that this would work 00:26:27.400 --> 00:26:29.880 - is that we would hopefully have the conversation earlier 00:26:29.880 --> 00:26:32.360 - to say, is it possible that you could build 00:26:32.360 --> 00:26:34.400 - closer towards the roadway? 00:26:34.400 --> 00:26:37.920 - Is it possible that you could, in some scenarios, 00:26:37.920 --> 00:26:41.800 - prevent more tree removal or more grading 00:26:41.800 --> 00:26:43.620 - or more utility installation? 00:26:43.620 --> 00:26:47.920 - So the goal of this is really to compact people's development 00:26:47.920 --> 00:26:51.440 - in an area that's already disturbed. 00:26:51.440 --> 00:26:53.320 - It's closer to the road. 00:26:53.320 --> 00:26:56.040 - But understanding that a lot of people in the county 00:26:56.040 --> 00:26:57.320 - have longer driveways. 00:26:57.320 --> 00:27:02.320 - So this discussion started back in, I think, 2010. 00:27:02.320 --> 00:27:05.120 - We had a memo with the Drainage Board 00:27:05.120 --> 00:27:08.400 - and the Monroe County stormwater team about 00:27:08.400 --> 00:27:13.400 - what is contributing to most impervious cover in the county? 00:27:13.400 --> 00:27:17.400 - And it was long driveways through and through. 00:27:17.400 --> 00:27:20.480 - So long driveways are pretty consistent. 00:27:20.480 --> 00:27:22.840 - And sometimes long driveways are needed 00:27:22.840 --> 00:27:25.400 - because there's non-buildable area 00:27:25.400 --> 00:27:27.760 - to get to the area that's buildable. 00:27:27.760 --> 00:27:29.920 - We don't have a perfectly flat county. 00:27:29.920 --> 00:27:32.440 - We don't have perfectly square properties. 00:27:32.440 --> 00:27:35.400 - So I think that moving forward, 00:27:35.400 --> 00:27:37.000 - getting the numbers right 00:27:37.000 --> 00:27:41.200 - or trying to get the exceptions right, both would help. 00:27:41.200 --> 00:27:44.180 - And I can go through some of the visual examples 00:27:44.180 --> 00:27:46.220 - with an update if that also helps. 00:27:46.220 --> 00:27:48.960 - I think Mr. Bush has a comment 00:27:48.960 --> 00:27:51.120 - and then Council Member Henry. 00:27:51.120 --> 00:27:51.960 - Thank you. 00:27:51.960 --> 00:27:57.360 - I was one of the members I think initially opposed 00:27:57.360 --> 00:28:01.040 - to counting gravel as an impervious service. 00:28:01.040 --> 00:28:02.840 - And I can think of a whole lot of reasons 00:28:02.840 --> 00:28:07.840 - why it would be hard to lump all different types 00:28:07.840 --> 00:28:11.100 - of gravels together as one. 00:28:11.100 --> 00:28:16.440 - And I'd spent quite a bit of time the last couple of weeks 00:28:16.440 --> 00:28:20.100 - trying to figure out a different way to slice this 00:28:20.100 --> 00:28:22.700 - and dice it to where you could quantify it. 00:28:22.700 --> 00:28:26.960 - And I can't come up with any sort of a reasonable 00:28:29.400 --> 00:28:33.840 - and manageable and enforceable way to do that. 00:28:33.840 --> 00:28:36.880 - So I'm leaning toward counting gravel 00:28:36.880 --> 00:28:38.960 - as an impervious surface. 00:28:38.960 --> 00:28:43.960 - And if a homeowner or a builder wants to contest that, 00:28:43.960 --> 00:28:52.680 - they can request the variance and it will come before 00:28:52.680 --> 00:28:56.800 - the Planning Commission or the Planning Department 00:28:56.800 --> 00:29:01.800 - and Stormwater and they can have a more depth review 00:29:01.800 --> 00:29:03.640 - of that unique situation. 00:29:03.640 --> 00:29:05.820 - So that's my thoughts. 00:29:05.820 --> 00:29:06.660 - Thank you, Mr. Bush. 00:29:06.660 --> 00:29:08.000 - Council Member Henry. 00:29:08.000 --> 00:29:09.000 - Thank you. 00:29:09.000 --> 00:29:12.560 - I think as I'm hearing comment, 00:29:12.560 --> 00:29:16.480 - I'm trying to move away from anecdotal ideas about this 00:29:16.480 --> 00:29:18.480 - and just maybe back to Stormwater to ask, 00:29:18.480 --> 00:29:21.160 - like is there a standard or an engineering standard 00:29:21.160 --> 00:29:24.960 - that says the gravel of a certain quality 00:29:24.960 --> 00:29:26.640 - or depth is impervious? 00:29:26.640 --> 00:29:29.200 - I heard it and I mean, I'm gonna go with what I heard 00:29:29.200 --> 00:29:30.720 - with the Stormwater mentioning this, 00:29:30.720 --> 00:29:33.540 - but I'm just kind of curious what the engineering standard 00:29:33.540 --> 00:29:35.600 - is if there is one we're looking at to say, 00:29:35.600 --> 00:29:40.460 - yeah, gravel is impervious based on X versus not on Y. 00:29:40.460 --> 00:29:43.820 - Do we have a quick answer on that? 00:29:43.820 --> 00:29:50.040 - I'm not sure I have a quick answer. 00:29:50.040 --> 00:29:52.560 - I'm not an engineer, so I don't know at what compaction 00:29:52.560 --> 00:29:56.320 - level it really solidifies itself as impervious. 00:29:56.760 --> 00:30:00.180 - But just over time, back and forth, 00:30:00.180 --> 00:30:05.120 - it will compact and become no infiltration. 00:30:05.120 --> 00:30:11.280 - Yeah, Mr. Ferris. 00:30:11.280 --> 00:30:12.480 - I'm not giving up yet. 00:30:12.480 --> 00:30:18.880 - Can we amplify the word gravel? 00:30:18.880 --> 00:30:23.040 - Yeah, so one thing I wanna add to this discussion 00:30:23.040 --> 00:30:25.720 - is that if we exclude gravel driveways, 00:30:25.720 --> 00:30:28.440 - but not asphalt or concrete driveways, 00:30:28.440 --> 00:30:30.480 - what we're going to have is everyone telling us 00:30:30.480 --> 00:30:32.280 - they're gonna put in a gravel driveway 00:30:32.280 --> 00:30:34.640 - and then converting it to asphalt or concrete 00:30:34.640 --> 00:30:36.980 - because that doesn't require a permit. 00:30:36.980 --> 00:30:41.360 - So I think that if we're going to exclude gravel driveways, 00:30:41.360 --> 00:30:44.880 - I would suggest for ease of our enforcement, 00:30:44.880 --> 00:30:49.760 - for ease of communication, we then just exclude driveways. 00:30:49.760 --> 00:30:51.600 - But I don't think that that's in line with 00:30:51.600 --> 00:30:54.600 - what Stormwater would like to see with, 00:30:54.600 --> 00:30:55.960 - what planning would like to see. 00:30:55.960 --> 00:30:57.240 - So it is tricky. 00:30:57.240 --> 00:30:58.360 - Excellent point. 00:30:58.360 --> 00:31:01.320 - I wish I could argue with that. 00:31:01.320 --> 00:31:03.800 - (laughing) 00:31:03.800 --> 00:31:04.640 - All right. 00:31:04.640 --> 00:31:05.480 - Yeah, Mr. Henry. 00:31:05.480 --> 00:31:06.880 - I just have maybe one more observation 00:31:06.880 --> 00:31:08.900 - that didn't come to me until this week. 00:31:08.900 --> 00:31:13.240 - So do we have examples of like rubberized aggregate 00:31:13.240 --> 00:31:15.920 - or the use of like rubberized asphalt 00:31:15.920 --> 00:31:18.000 - where people are using that in the county for, 00:31:18.000 --> 00:31:20.600 - would we want to count that as impervious? 00:31:20.600 --> 00:31:22.720 - I don't know what a residential use of that would be, 00:31:22.720 --> 00:31:26.520 - but I could imagine other applications where we have that, 00:31:26.520 --> 00:31:28.960 - basically like the high school track material, right? 00:31:28.960 --> 00:31:32.400 - The recycled rubber that's been asphalt, 00:31:32.400 --> 00:31:33.400 - you know what I'm talking about, right? 00:31:33.400 --> 00:31:34.520 - I've never seen that. 00:31:34.520 --> 00:31:36.640 - That would fit under pervious pavers. 00:31:36.640 --> 00:31:39.720 - We would just call it, well, not pavers, it's-- 00:31:39.720 --> 00:31:42.280 - But that's a similar material. 00:31:42.280 --> 00:31:46.040 - Okay, if that's the animal, vegetable, mineral of it, 00:31:46.040 --> 00:31:47.600 - that's fine by me, okay. 00:31:47.600 --> 00:31:50.360 - People use that as an application 00:31:50.360 --> 00:31:54.440 - for to create a pervious paver in commercial settings. 00:31:54.440 --> 00:31:59.540 - And so that's, it would fit with what's up there now, 00:31:59.540 --> 00:32:01.000 - but yeah. 00:32:01.000 --> 00:32:01.840 - I reason to get that. 00:32:01.840 --> 00:32:03.640 - Yeah, you don't see a lot of it though. 00:32:03.640 --> 00:32:04.480 - No. - Yeah. 00:32:04.480 --> 00:32:05.320 - Okay. 00:32:05.320 --> 00:32:08.140 - I'll offer a quick comment before we move on. 00:32:08.140 --> 00:32:10.420 - I'm stuck on the gravel conversation, 00:32:10.420 --> 00:32:12.380 - similar to Mr. Ferris, 00:32:12.380 --> 00:32:16.800 - but I see a lot of value in moving this forward 00:32:16.800 --> 00:32:18.840 - because looking at the number of cases 00:32:18.840 --> 00:32:22.360 - that are coming before the BZA and getting approved, 00:32:22.360 --> 00:32:24.720 - it feels like there's some unnecessary steps 00:32:24.720 --> 00:32:26.360 - that are in place the longer we take 00:32:26.360 --> 00:32:27.720 - to make a decision on this. 00:32:27.720 --> 00:32:30.640 - So my thought is I'm gonna vote in favor of this tonight, 00:32:30.640 --> 00:32:32.800 - but I would also like to see it added back 00:32:32.800 --> 00:32:35.880 - to maybe the bottom of the CDO list 00:32:35.880 --> 00:32:39.480 - for us to revisit six months to a year from now 00:32:39.480 --> 00:32:41.480 - so we can see in that period of time 00:32:41.480 --> 00:32:44.760 - how many people this is really impacting 00:32:44.760 --> 00:32:48.620 - because I'm curious from a real world perspective, 00:32:48.620 --> 00:32:51.400 - just how many people that are truly impacted 00:32:51.400 --> 00:32:54.080 - by the gravel conversation, yeah. 00:32:54.080 --> 00:32:54.920 - Can I comment on that? 00:32:54.920 --> 00:32:57.040 - I think you make a really good point 00:32:57.040 --> 00:32:58.980 - that I think we do need to move forward. 00:32:58.980 --> 00:33:03.980 - But if we move forward, even if we add gravel back in, 00:33:03.980 --> 00:33:08.480 - we're still gonna be ahead because it's still going 00:33:08.480 --> 00:33:11.500 - to change a lot of those variances won't be needed. 00:33:11.500 --> 00:33:13.400 - So, okay, all right, thank you. 00:33:13.400 --> 00:33:15.720 - Just to clarify, I think we should keep gravel in there 00:33:15.720 --> 00:33:17.280 - tonight as in previous. - Oh, okay, okay. 00:33:17.280 --> 00:33:19.400 - But I think we should revisit a year from now. 00:33:19.400 --> 00:33:22.680 - And it may be a quick conversation if none of the outcomes 00:33:22.680 --> 00:33:26.240 - of the variances would have changed if gravel was removed. 00:33:26.240 --> 00:33:27.840 - Thank you. - I agree. 00:33:27.840 --> 00:33:34.960 - So I do have just a quick visual of some of the properties 00:33:34.960 --> 00:33:38.480 - that if they were to be built today, 00:33:38.480 --> 00:33:41.860 - without this exception of the existing driveway, 00:33:41.860 --> 00:33:45.240 - they would be coming up against the maximum previous. 00:33:45.240 --> 00:33:49.800 - So this is still an example here of a property 00:33:49.800 --> 00:33:53.480 - with what would be too much impervious. 00:33:53.480 --> 00:33:56.040 - And then this is an example here, 00:33:56.040 --> 00:33:58.520 - which is a community development zone. 00:33:58.520 --> 00:34:00.760 - We did alter those numbers a little bit, 00:34:00.760 --> 00:34:05.720 - but without that previous exception of existing driveways, 00:34:05.720 --> 00:34:08.200 - it could be getting close. 00:34:08.200 --> 00:34:11.020 - And then this example here, unfortunately, 00:34:11.020 --> 00:34:15.920 - since the driveway just does not serve other properties as well, 00:34:15.920 --> 00:34:19.320 - it's just a long driveway because of the way 00:34:19.320 --> 00:34:22.680 - the lot is shaped. 00:34:22.680 --> 00:34:25.640 - This property here, they were wanting 00:34:25.640 --> 00:34:28.760 - to put in a new proposed pole structure that 00:34:28.760 --> 00:34:31.880 - was pretty significant, 72 by 48. 00:34:31.880 --> 00:34:34.440 - And then with the existing impervious, 00:34:34.440 --> 00:34:36.560 - that was requiring a variance. 00:34:36.560 --> 00:34:40.400 - And if not for the exception of the existing drives, 00:34:40.400 --> 00:34:43.440 - would still require a variance. 00:34:43.440 --> 00:34:45.600 - And then this is also an example. 00:34:45.600 --> 00:34:50.520 - It is a more institutional use in a forest residential zone. 00:34:50.520 --> 00:34:54.400 - This is Camp Rock, but they did have quite a bit of driveways 00:34:54.400 --> 00:34:57.160 - that were coming against impervious. 00:34:57.160 --> 00:34:59.040 - And then this is an example here where 00:34:59.040 --> 00:35:03.000 - there was a new garage built in this area, 00:35:03.000 --> 00:35:04.720 - not off of the existing driveway. 00:35:04.720 --> 00:35:08.680 - So they were building another extension of the driveway. 00:35:08.680 --> 00:35:10.680 - And then there was a question about, well, 00:35:10.680 --> 00:35:12.960 - what will meet the new requirements? 00:35:12.960 --> 00:35:14.920 - So we put in a few green ones. 00:35:14.920 --> 00:35:16.880 - These would be able to be developed 00:35:16.880 --> 00:35:18.960 - new without the need for a variance 00:35:18.960 --> 00:35:23.040 - based on the new percentages and the new numbers. 00:35:23.040 --> 00:35:27.360 - So this example here, this is a residential zone example. 00:35:27.360 --> 00:35:29.720 - So I tried to get one for each zone. 00:35:29.720 --> 00:35:34.160 - This is a forest residential property, forest five. 00:35:34.160 --> 00:35:38.080 - So I added in, along with this driveway and this house, 00:35:38.080 --> 00:35:40.880 - which I counted all the imperviouss here, 00:35:40.880 --> 00:35:43.440 - there was also an ability to add another 100 00:35:43.440 --> 00:35:48.280 - by 100 structure or impervious area that would still 00:35:48.280 --> 00:35:52.040 - meet the requirements because it was over five acres. 00:35:52.040 --> 00:35:56.880 - So that was showing right about 45,000 square feet 00:35:56.880 --> 00:36:00.200 - of impervious on this lot. 00:36:00.200 --> 00:36:03.880 - And then this is a example in a conservation residential. 00:36:03.880 --> 00:36:05.800 - This is over 25 acres. 00:36:05.800 --> 00:36:08.480 - This is the highest square footage that we're allowing. 00:36:08.480 --> 00:36:10.560 - So anything beyond this was still capped 00:36:10.560 --> 00:36:12.760 - at the same square footage right now, 00:36:12.760 --> 00:36:16.280 - unless a future text amendment were to be proposed 00:36:16.280 --> 00:36:19.640 - or a change, but this is about 55,000 00:36:19.640 --> 00:36:22.660 - if you exclude the two agricultural buildings 00:36:22.660 --> 00:36:25.120 - on the north side, but count all of the driveways 00:36:25.120 --> 00:36:26.720 - and all other structures. 00:36:26.720 --> 00:36:29.800 - I think that was all my examples. 00:36:29.800 --> 00:36:35.320 - Before we continue, Mr. Fields, 00:36:35.320 --> 00:36:37.080 - did you have any comments that you wanted to make? 00:36:37.080 --> 00:36:39.780 - I know we didn't give you an opportunity a second ago. 00:36:39.780 --> 00:36:42.380 - Oh no, that's good. 00:36:42.380 --> 00:36:46.480 - I struggle with the notion to Jackie's point 00:36:46.480 --> 00:36:50.240 - of the numbers or the exemptions or the exceptions. 00:36:50.240 --> 00:36:53.760 - And it's, I think that gravel is gonna be 00:36:53.760 --> 00:36:56.440 - an impermeable service if it's put in 00:36:56.440 --> 00:37:01.260 - because if it's there and then work gets, 00:37:01.260 --> 00:37:04.000 - even if it's not, work down the road is gonna be, 00:37:04.000 --> 00:37:06.720 - somebody is gonna bring in tri-axles of more stone 00:37:06.720 --> 00:37:11.000 - and that's the way you fix a gravel road is just add to it. 00:37:11.000 --> 00:37:14.280 - So I think that it's a thing where, 00:37:14.280 --> 00:37:17.360 - you know, the whole definition of a driveway, 00:37:17.360 --> 00:37:19.360 - you know, I mean, it's, you know, 00:37:19.360 --> 00:37:21.760 - is there a way to look at this thing to say that, 00:37:21.760 --> 00:37:24.240 - okay, the minimum, you know, 00:37:24.240 --> 00:37:27.620 - everybody has a right to have a driveway to their home. 00:37:27.620 --> 00:37:29.580 - And then is that a fixed thing? 00:37:29.580 --> 00:37:34.580 - And then do you take all the other impervious surfaces 00:37:34.580 --> 00:37:37.200 - and add those together and work on that, 00:37:37.200 --> 00:37:40.680 - excluding the notion of a driveway. 00:37:40.680 --> 00:37:44.240 - But again, what Ms. Jellum said was that 00:37:44.240 --> 00:37:45.760 - it's the big player. 00:37:45.760 --> 00:37:48.960 - So I think if you buy the science and you believe 00:37:48.960 --> 00:37:52.320 - that it's something that we need to do for the, 00:37:52.320 --> 00:37:54.500 - you know, better of our world, 00:37:54.500 --> 00:37:58.960 - I think that's one potential way to do it 00:37:58.960 --> 00:38:03.520 - is with the how you define a driveway. 00:38:03.520 --> 00:38:06.480 - Thank you, Mr. Fields. 00:38:06.480 --> 00:38:09.880 - Any other questions from members of the planning commission? 00:38:09.880 --> 00:38:13.700 - I'll make another comment. 00:38:13.700 --> 00:38:18.000 - So one of the things I thought of as we were talking was, 00:38:18.000 --> 00:38:22.000 - well, maybe what if we count gravel as half, you know? 00:38:22.000 --> 00:38:24.960 - But here's the thing. 00:38:24.960 --> 00:38:28.640 - When you have a driveway on a slope 00:38:28.640 --> 00:38:32.600 - and that slope goes down to the street every time it rains, 00:38:32.600 --> 00:38:35.140 - it's better to have pavement than gravel 00:38:35.140 --> 00:38:37.520 - because the gravel ends up on the roadway 00:38:37.520 --> 00:38:38.800 - and causes hazards. 00:38:38.800 --> 00:38:43.600 - So in some cases, gravel's not the best option. 00:38:43.600 --> 00:38:46.320 - But in some of the examples we saw, 00:38:46.320 --> 00:38:49.320 - there are just these unnecessary loops 00:38:49.320 --> 00:38:52.720 - and, you know, driveways and all, you know, 00:38:52.720 --> 00:38:56.440 - that's the kind of thing that really makes me say, 00:38:56.440 --> 00:39:00.040 - leave driveways in, add gravel, 00:39:00.040 --> 00:39:02.840 - and move on and see what happens 00:39:02.840 --> 00:39:04.860 - with the variance process after that. 00:39:04.860 --> 00:39:06.780 - So thank you. 00:39:06.780 --> 00:39:10.420 - Any further questions? 00:39:10.420 --> 00:39:13.560 - If not, we will turn to public comments. 00:39:13.560 --> 00:39:14.880 - So if there's anybody here in the room 00:39:14.880 --> 00:39:17.200 - that wishes to speak for or against this petition, 00:39:17.200 --> 00:39:19.960 - please come to the podium and you'll have three minutes. 00:39:19.960 --> 00:39:22.600 - Or anybody online, please raise your virtual hand. 00:39:22.600 --> 00:39:26.000 - Okay, seeing none. 00:39:26.000 --> 00:39:27.460 - We'll come back to the plan commission 00:39:27.460 --> 00:39:29.640 - for further comment or motion. 00:39:29.640 --> 00:39:32.340 - I would like to move, first of all, 00:39:32.340 --> 00:39:37.340 - that we modify the ZOA 25-2 00:39:37.340 --> 00:39:45.240 - in the section on description to add the word gravel 00:39:45.240 --> 00:39:51.740 - to the sentence that has concrete asphalt 00:39:53.920 --> 00:39:56.120 - added in the asphalt or concrete. 00:39:56.120 --> 00:40:01.120 - Asphalt, gravel or concrete, however you want to do it. 00:40:01.120 --> 00:40:06.720 - That would be, my first motion would be to amend this 00:40:06.720 --> 00:40:08.540 - so that we include gravel. 00:40:08.540 --> 00:40:20.240 - Do we have a second on amending this? 00:40:20.240 --> 00:40:23.840 - I see the word there as a point of order. 00:40:23.840 --> 00:40:25.600 - Is it the word already there? 00:40:25.600 --> 00:40:27.440 - I thought it was scratched out. 00:40:27.440 --> 00:40:28.280 - A duplicate. 00:40:28.280 --> 00:40:29.840 - Here's where gravel was removed. 00:40:29.840 --> 00:40:31.200 - It appears at the beginning of the sentence. 00:40:31.200 --> 00:40:32.560 - I'm sorry. 00:40:32.560 --> 00:40:35.000 - I saw it in the later section where it was scratched, 00:40:35.000 --> 00:40:36.160 - so it is there. 00:40:36.160 --> 00:40:37.640 - Nevermind. 00:40:37.640 --> 00:40:39.080 - Sorry. 00:40:39.080 --> 00:40:40.520 - So nice you'll say it twice. 00:40:40.520 --> 00:40:43.440 - Must be, must be my day. 00:40:43.440 --> 00:40:44.920 - Thank you. 00:40:44.920 --> 00:40:46.240 - I saw where it was removed. 00:40:46.240 --> 00:40:47.800 - I'm like, oh, well, it's not there anymore. 00:40:47.800 --> 00:40:49.120 - Okay, are you revoking that motion? 00:40:49.120 --> 00:40:50.480 - I'm revoking it. 00:40:50.480 --> 00:40:51.320 - It's gone. 00:40:52.180 --> 00:40:55.080 - Okay, do we have a motion for approval or denial? 00:40:55.080 --> 00:41:08.640 - That we approve or we forward to the county commissioners, 00:41:08.640 --> 00:41:13.000 - the amendment CDO as we have discussed, 00:41:13.000 --> 00:41:15.520 - and that's ZOA 25-2. 00:41:15.520 --> 00:41:18.040 - Second. 00:41:18.040 --> 00:41:21.960 - Okay, it's been moved and seconded to forward 00:41:21.960 --> 00:41:31.680 - to the county development ordinance for impervious cover to be a favorable recommendation to 00:41:31.680 --> 00:41:37.040 - the county commissioners. This is the final hearing. A vote yes is a vote to forward a 00:41:37.040 --> 00:41:46.200 - favorable recommendation. Jeff Morris? Yes. Julie Thomas? Yes. David Bush? Yes. Scott 00:41:46.200 --> 00:41:58.400 - Ferris? Yes. Rudy Fields? Yes. David Henry? Yes. Okay. Motion is approved 6-0. Hey, moving 00:41:58.400 --> 00:42:04.360 - on to new business, we have REZ-25-4. This is the Hunter Valley Historic Landscape HP 00:42:04.360 --> 00:42:09.160 - overlay. This is the preliminary hearing with a waiver of final hearing requested. So Mr. 00:42:09.160 --> 00:42:16.080 - Myers, I will turn it over to you. Before he begins, may I ask a question? Since the 00:42:16.080 --> 00:42:25.840 - other part of this is continued, is that okay? Yes. This is unrelated to the development 00:42:25.840 --> 00:42:35.540 - plan. This is just the HP overlay for a portion of the site. All right. Okay. Thank you. Okay. 00:42:35.540 --> 00:42:41.600 - So this is REZ-25-4, the Hunter Valley Landscape HP overlay. This is the preliminary hearing 00:42:41.600 --> 00:42:47.240 - and a waiver of final hearing has been requested. It is consisting of two parcels, one of those 00:42:47.240 --> 00:42:55.860 - parcels being 98.6 acres and the other being 9.629 acres owned by Packinghouse Road LLC 00:42:55.860 --> 00:43:05.520 - and Milestone Contractors LP respectively. So here on the screen, you can see the historic 00:43:05.520 --> 00:43:10.480 - preservation area highlighted in green. This comes from exhibit B of their written commitment 00:43:10.480 --> 00:43:15.340 - from the previously approved planned unit development outline plan amendment that this 00:43:15.340 --> 00:43:21.800 - body and the board of commissioners passed. And as you can see on the screen, there is 00:43:21.800 --> 00:43:28.160 - a portion of the site that was originally identified through a multiple property listing 00:43:28.160 --> 00:43:37.880 - by state officials as a area that is eligible for historic preservation designation on potentially 00:43:37.880 --> 00:43:45.400 - the state, national and local levels. So that's what those darker borders are. And working 00:43:45.400 --> 00:43:50.280 - through the channels with the historic preservation board as well as the planning commission and 00:43:50.280 --> 00:43:55.840 - county commissioners, the petitioners for that outline plan amendment came up with this 00:43:55.840 --> 00:44:01.220 - green area and all parties agreed that that area would be suitable for historic preservation 00:44:01.220 --> 00:44:10.140 - overlay on the local level. Now on the screen, we have several images as well as some snippets 00:44:10.140 --> 00:44:18.120 - from comments made by various entities in the county. So on the location map, you can 00:44:18.120 --> 00:44:25.380 - see the property's location. It is northwest of town, just south of the I-69 and State 00:44:25.380 --> 00:44:29.400 - Road interchange. And then on the right side of the screen, we have the site conditions 00:44:29.400 --> 00:44:35.200 - map and you will note, or you might have some memory of this petition, there are a number 00:44:35.200 --> 00:44:41.160 - of cars features as well as some hydraulic features, hydrological features on the property 00:44:41.160 --> 00:44:49.280 - that have received a lot of discussion through the channels. And there's been a lot of debates 00:44:49.280 --> 00:44:54.400 - and conversations with the stormwater and the contractors about protecting those cars 00:44:54.400 --> 00:45:01.000 - features as well as the existing quarry landscape that is mostly in the portion of the site 00:45:01.000 --> 00:45:05.280 - that will be designated with the HP overlay. Ben Ayers from the Highway Department stated 00:45:05.280 --> 00:45:10.320 - that there are no comments at this time, given that it is outside of Monroe County right-of-way. 00:45:10.320 --> 00:45:15.600 - And then Eric Pena, the stormwater program manager, stated that there are no stormwater 00:45:15.600 --> 00:45:20.480 - concerns with the designation of the HP overlay. And as a reminder, the proposed Mass Fill 00:45:20.480 --> 00:45:25.720 - project was part of the Planning and Development Outline Plan Amendment, is required to implement 00:45:25.720 --> 00:45:29.160 - appropriate stormwater pollution prevention measures in accordance with the Monroe County 00:45:29.160 --> 00:45:33.960 - Stormwater Management Ordinance and conditions placed on stormwater grading permits. These 00:45:33.960 --> 00:45:41.080 - additional measures may be required around sensitive geologic features. 00:45:41.080 --> 00:45:48.120 - So now on the screen, we have some historical imagery of the Hunter-Verily quarry field 00:45:48.120 --> 00:45:54.560 - as well as some other quarries, mills that were located in this area long ago. And here 00:45:54.560 --> 00:45:59.800 - on the screen we have an image as well that shows the approximate locations of several 00:45:59.800 --> 00:46:05.720 - mills that were in existence in the area or are still in operation in the area as well. 00:46:05.720 --> 00:46:11.800 - The greater area is often referred to as the Hunter Valley Historic Landscape or Quarry 00:46:11.800 --> 00:46:16.240 - District. 00:46:16.240 --> 00:46:20.240 - And then the next few slides are some information about the Historic Preservation Overlay. This 00:46:20.240 --> 00:46:25.520 - all comes from the County Development Ordinance. So on the screen now is the purpose statement 00:46:25.520 --> 00:46:32.160 - for the Historic Preservation Overlay detailing its purpose, if you will. And I will leave 00:46:32.160 --> 00:46:38.160 - on the screen for a moment just to familiarize yourself for those who are experiencing the 00:46:38.160 --> 00:46:47.280 - HP overlay for their first time. 00:46:47.280 --> 00:46:57.400 - All right. And now on the screen is the criteria for historic district designation coming from 00:46:57.400 --> 00:47:03.560 - Chapter 823. So these are the criteria that are evaluated by the Historic Preservation 00:47:03.560 --> 00:47:11.600 - Board as well as put forth from the petitioner of what items on this can be classified for 00:47:11.600 --> 00:47:17.200 - that particular property to receive designation. 00:47:17.200 --> 00:47:23.600 - So speaking on this topic, a lot of the information that came forth for this designation came from 00:47:23.600 --> 00:47:28.840 - that multiple property listing that I mentioned that is available in one of the links of the 00:47:28.840 --> 00:47:35.440 - exhibits in your packet. And that came from some state officials as they reviewed these 00:47:35.440 --> 00:47:42.680 - areas as part of the I-69 study. 00:47:42.680 --> 00:47:47.080 - On the screen now we have the letter from the petitioners stating their request for the 00:47:47.080 --> 00:47:51.720 - historic preservation overlay. I'll now take a moment to reiterate that all of this came 00:47:51.720 --> 00:47:55.960 - up as part of a condition of approval for that outline plan amendment that I've spoke 00:47:55.960 --> 00:48:02.260 - on. So this is just one of those conditions of approval that was attributed to the approval 00:48:02.260 --> 00:48:08.480 - of that outline plan amendment. So the petitioners are just moving through those motions to satisfy 00:48:08.480 --> 00:48:13.080 - the historic preservation board as well as the other entities that reviewed this request 00:48:13.080 --> 00:48:16.880 - for that outline plan amendment. 00:48:16.880 --> 00:48:22.560 - Now on the screen is another diagram that shows that historic preservation zone. It 00:48:22.560 --> 00:48:29.600 - is 11.45 acres and does extend across those two parcels that I mentioned at the beginning. 00:48:29.600 --> 00:48:34.360 - The larger parcel being the 98.6 acres and then this smaller parcel owned by Milestone 00:48:34.360 --> 00:48:41.120 - has a lot of that area under the HP overlay as well. And then this is just another diagram 00:48:41.120 --> 00:48:48.600 - that will show that shows the proposed contour lines of the mass fill activity that they 00:48:48.600 --> 00:48:53.500 - needed the outline plan amendment to get approval for. 00:48:53.500 --> 00:48:59.740 - And then this is a zoomed in version of that same diagram. You can also see that this hatching 00:48:59.740 --> 00:49:06.000 - on the side here on the western side of the property says development free zone. That 00:49:06.000 --> 00:49:12.600 - is a remnant from the original PUD North Park 2 outline plan. They when they created that 00:49:12.600 --> 00:49:18.200 - outline plan they had decided that this area would be development free. So you can see 00:49:18.200 --> 00:49:23.260 - that a portion of that area is also being captured in the historic preservation overlay. 00:49:23.260 --> 00:49:27.320 - And I will say that the historic preservation overlay does not override any of the underlying 00:49:27.320 --> 00:49:34.360 - zoning. That would be the PUD North Park 2. But it does provide protections for historic 00:49:34.360 --> 00:49:42.800 - structures, historic landscapes, things like that, rather than affect the underlying zoning, 00:49:42.800 --> 00:49:51.040 - which is the PUD with respect to uses and things like that. 00:49:51.040 --> 00:49:55.520 - And then now on the screen I included the original letter that was provided by the historic 00:49:55.520 --> 00:50:01.280 - preservation board of review for that outline plan amendment procedure. So this letter was 00:50:01.280 --> 00:50:05.640 - presented to the plan commission and the county commissioners as part of those meeting packets 00:50:05.640 --> 00:50:12.960 - that kind of generated the discussion and the push to request the HP overlay for this 00:50:12.960 --> 00:50:19.480 - portion of the property. And then this is a historical map of the Hunter 00:50:19.480 --> 00:50:29.320 - Valley limestone district that I spoke on earlier. 00:50:29.320 --> 00:50:35.120 - Also in this presentation, as well as in the staff packet, I included a PDF of the report 00:50:35.120 --> 00:50:43.320 - from the state historical archaeological and research database or shard. So it does have 00:50:43.320 --> 00:50:48.320 - some contributing resources that are located within this area that is proposed to have 00:50:48.320 --> 00:50:54.160 - that HP overlay. So this is some of those structures that will be protected and those 00:50:54.160 --> 00:50:58.880 - other resources that may exist in this area. You'll note on the second side of the screen 00:50:58.880 --> 00:51:06.400 - it says number of contributing resources 18. This survey was conducted in 2014. So things 00:51:06.400 --> 00:51:10.960 - might have changed since then, but at least this is a good report to go off of what number 00:51:10.960 --> 00:51:16.240 - of contributing resources are present on the property and will be protected through this 00:51:16.240 --> 00:51:21.160 - HP overlay. And then finally on the right side of the 00:51:21.160 --> 00:51:26.720 - screen again, it gives an architectural description that gives you a bit of a history of the 00:51:26.720 --> 00:51:27.320 - section 00:51:27.320 --> 00:51:33.520 - of the property with respect to the quarrying that happened there in the late 1800s through 00:51:33.520 --> 00:51:40.840 - the 1900s. Okay. That brings me to the recommendation 00:51:40.840 --> 00:51:45.480 - to the plan commission. Staff recommends approval of the historic preservation overlay request 00:51:45.480 --> 00:51:50.600 - subject to the conditions of approval requested by the historic preservation board of review. 00:51:50.600 --> 00:51:54.760 - And those are number one, the petitioner adds information on the historic preservation exhibit 00:51:54.760 --> 00:51:59.260 - that accurately names and identifies each of the historic resources within the proposed 00:51:59.260 --> 00:52:03.280 - designation area. Number two, the petitioner locates and documents 00:52:03.280 --> 00:52:07.720 - all existing historic structures within the proposed designation area. 00:52:07.720 --> 00:52:11.460 - And number three, the petitioner shall submit a written commitment and work with the legal 00:52:11.460 --> 00:52:15.760 - department to consider the feasibility of the following. Should the petitioner locate 00:52:15.760 --> 00:52:20.800 - any historic limestone quarry equipment outside of the proposed designation area, the petitioner 00:52:20.800 --> 00:52:24.360 - shall arrange said equipment to be given to the Monroe County Board of Commissioners for 00:52:24.360 --> 00:52:28.600 - use in the county owned quarry property on the north side of state route 46. 00:52:28.600 --> 00:52:31.560 - I will now take any questions. 00:52:31.560 --> 00:52:37.240 - Are there any questions for Drew? 00:52:37.240 --> 00:52:41.920 - Hey, doesn't look like we have any. Thank you, Drew. 00:52:41.920 --> 00:52:45.040 - So we will turn now to the petitioner or the petitioner's representative. 00:52:45.040 --> 00:52:50.320 - If you're here in the room, you're welcome to come to the podium or if you're online, 00:52:50.320 --> 00:52:55.080 - please raise your virtual hand. 00:52:55.080 --> 00:52:56.800 - We're expecting a petitioner. 00:52:56.800 --> 00:53:04.020 - I don't see Mr. Butler on the call, but I can say that he is aware of these conditions 00:53:04.020 --> 00:53:08.440 - because he was present for that historic preservation board review meeting where these conditions 00:53:08.440 --> 00:53:11.080 - of approval were generated. 00:53:11.080 --> 00:53:16.360 - And I believe he has already started working on establishing getting some of those satisfied. 00:53:16.360 --> 00:53:17.920 - Okay, thank you. 00:53:17.920 --> 00:53:22.280 - So we will turn now to public comment if there's anybody here in the room or online that wishes 00:53:22.280 --> 00:53:30.760 - to speak in favor or against this, please come to the podium or raise your virtual hand. 00:53:30.760 --> 00:53:39.080 - Seeing no one will come back to the plan commission for comments, questions or emotion. 00:53:39.080 --> 00:53:47.200 - Before Mr. Ferris makes a motion, I just want to say I'm really grateful for the way this 00:53:47.200 --> 00:53:56.760 - got done and especially point three, I think that's going to be one of the things we definitely 00:53:56.760 --> 00:54:05.320 - want to include in the quarry in the uplands property is an outdoor quarry historic exhibit 00:54:05.320 --> 00:54:08.400 - and that's that is wonderful. 00:54:08.400 --> 00:54:11.960 - So thank you to everybody for working on that. 00:54:11.960 --> 00:54:17.800 - Thank you. 00:54:17.800 --> 00:54:21.200 - I concur with Commissioner Thomas on that. 00:54:21.200 --> 00:54:27.480 - This does seem like a unique win-win situation for both the parcel owner and the overlay 00:54:27.480 --> 00:54:35.080 - not being too prescriptive or trying to consume the entire parcel. 00:54:35.080 --> 00:54:36.280 - First blush, that's very satisfactory to me. 00:54:36.280 --> 00:54:40.960 - I wish the petitioner were here so I could hear it from them tonight, but I take staff's 00:54:40.960 --> 00:54:45.960 - good word here and obviously good work here with the presentation that things are amenable 00:54:45.960 --> 00:54:51.320 - for all concerned and moving forward here, but no, this is good. 00:54:51.320 --> 00:54:53.760 - I appreciate the work. 00:54:53.760 --> 00:54:56.960 - Any other comments or questions? 00:54:56.960 --> 00:54:57.960 - Okay. 00:54:57.960 --> 00:55:05.280 - I'll also say, you know, the petitioner I think is amenable because of the outline plan condition 00:55:05.280 --> 00:55:06.320 - to do this. 00:55:06.320 --> 00:55:11.300 - So I think that, you know, as far as the additional conditions on this historic preservation 00:55:11.300 --> 00:55:12.120 - overlay, 00:55:12.120 --> 00:55:16.480 - they are amenable to that, but the actual rezone in the historic preservation overlay 00:55:16.480 --> 00:55:18.880 - was a condition to get the use. 00:55:18.880 --> 00:55:19.880 - So, yeah. 00:55:19.880 --> 00:55:20.880 - Yeah. 00:55:20.880 --> 00:55:28.880 - Doesn't look like we have any other questions or comments, so could we get a motion? 00:55:28.880 --> 00:55:33.920 - It must be my week to make motions. 00:55:33.920 --> 00:55:48.280 - With respect to case number REZ254 and county commissioners for approval, a favorable 00:55:48.280 --> 00:55:49.720 - recommendation 00:55:49.720 --> 00:55:55.080 - of the historic preservation overlay request, which is subject to the conditions of approval 00:55:55.080 --> 00:56:00.640 - requested by the historic preservation border review, I will not restate one, two, and three. 00:56:00.640 --> 00:56:04.000 - You all can state what I just said. 00:56:04.000 --> 00:56:06.440 - Does that include a waiver of the final hearing? 00:56:06.440 --> 00:56:09.040 - That includes a waiver of a final request, yes. 00:56:09.040 --> 00:56:10.040 - Second. 00:56:10.040 --> 00:56:11.040 - Okay. 00:56:11.040 --> 00:56:18.040 - Moved and seconded to send a favorable recommendation to the board of commissioners for REZ-25-4, 00:56:18.040 --> 00:56:22.700 - the Hunter Valley Historic Landscape Historic Preservation Overlay. 00:56:22.700 --> 00:56:29.160 - This includes a waiver of the final hearing and the following conditions as stated in 00:56:29.160 --> 00:56:33.420 - the staff report, which I will reread for the record. 00:56:33.420 --> 00:56:38.760 - These include the conditions of approval requested by the historic preservation review board, 00:56:38.760 --> 00:56:39.760 - border review. 00:56:39.760 --> 00:56:44.300 - One, the petitioner adds information on the historic preservation exhibit that accurately 00:56:44.300 --> 00:56:49.320 - names and identifies each of the historic resources within the proposed designation 00:56:49.320 --> 00:56:50.320 - area. 00:56:50.320 --> 00:56:55.840 - Two, the petitioner locates and documents all existing historic structures within the 00:56:55.840 --> 00:56:59.200 - proposed designation area. 00:56:59.200 --> 00:57:03.640 - Three, the petitioner shall submit a written commitment and work with the legal department 00:57:03.640 --> 00:57:06.440 - to consider the feasibility of the following. 00:57:06.440 --> 00:57:10.640 - Should the petitioner locate any historic limestone quarry equipment outside of the 00:57:10.640 --> 00:57:15.760 - proposed designation area, the petitioner shall arrange said equipment to be given to the 00:57:15.760 --> 00:57:20.680 - Monroe County Board of Commissioners for use in the county-owned quarry property on the 00:57:20.680 --> 00:57:24.480 - north side of State Road 46. 00:57:24.480 --> 00:57:31.800 - A vote yes is a vote to send the favorable recommendation with those conditions. 00:57:31.800 --> 00:57:32.800 - Julie Thomas? 00:57:32.800 --> 00:57:33.800 - Yes. 00:57:33.800 --> 00:57:34.800 - David Bush? 00:57:34.800 --> 00:57:35.800 - Yes. 00:57:35.800 --> 00:57:36.800 - Scott Farris? 00:57:36.800 --> 00:57:37.800 - Yes. 00:57:37.800 --> 00:57:38.800 - Rudy Fields? 00:57:38.800 --> 00:57:39.800 - Yes. 00:57:39.800 --> 00:57:40.800 - David Henry? 00:57:40.800 --> 00:57:41.800 - Yes. 00:57:41.800 --> 00:57:42.800 - Jeff Morris? 00:57:42.800 --> 00:57:43.800 - Yes. 00:57:43.800 --> 00:57:44.800 - Okay. 00:57:44.800 --> 00:57:45.800 - The vote passes 6-0. 00:57:45.800 --> 00:57:55.660 - Hey, moving on to case SIA-22-20, the Stone Lake Park Phase 6, request for an extension 00:57:55.660 --> 00:57:57.120 - of performance period. 00:57:57.120 --> 00:58:08.200 - Ms. Nestor-Jellen, I think that one's yours. 00:58:08.200 --> 00:58:15.680 - Thank you very much. 00:58:15.680 --> 00:58:22.960 - So this is the performance period completion extension request for Stone Lake Park. 00:58:22.960 --> 00:58:25.100 - This is for Phase 6. 00:58:25.100 --> 00:58:31.640 - This subdivision has a bit of an interesting history, as you read in the staff report. 00:58:31.640 --> 00:58:35.960 - I won't go too deeply into that, but note that this is the only phase that was approved 00:58:35.960 --> 00:58:38.120 - within the county jurisdiction. 00:58:38.120 --> 00:58:40.120 - So it's primarily built out. 00:58:40.120 --> 00:58:46.320 - This is the last phase, and they are working on finishing the final improvements. 00:58:46.320 --> 00:58:50.240 - It has taken a while since it's gone lot by lot of development. 00:58:50.240 --> 00:58:56.760 - I think there's only about two or three lots total left for development, so they're pretty 00:58:56.760 --> 00:58:58.520 - close. 00:58:58.520 --> 00:59:03.760 - So I'm going to go through just quickly some of the findings and considerations that we 00:59:03.760 --> 00:59:04.760 - have. 00:59:04.760 --> 00:59:10.900 - The current letter of credit for this project expires August 15, 2025. 00:59:10.900 --> 00:59:19.680 - We are recommending that the project completion date be extended one year, so August 15, 2026. 00:59:19.680 --> 00:59:24.400 - We hope that by that time period they would be able to complete the remaining improvements, 00:59:24.400 --> 00:59:33.800 - which we understand per the preliminary plat approval, to be sidewalks, street trees, sidewalk, 00:59:33.800 --> 00:59:42.080 - and inlet repair, and then we are asking for vegetation along the pond and swale. 00:59:42.080 --> 00:59:48.280 - So those are numbers that relate back to the original estimate that we have in place. 00:59:48.280 --> 00:59:54.160 - Since this was not further released or reduced, we have an amount that does exceed the amount 00:59:54.160 --> 00:59:57.440 - left of what they have to do. 00:59:57.440 --> 01:00:02.040 - So we are comfortable with the amount, but we are hopeful that we can get this to full 01:00:02.040 --> 01:00:06.720 - completion and that they can get to a point where they ask for a release of all funds 01:00:06.720 --> 01:00:10.600 - on or before August 15, 2026. 01:00:10.600 --> 01:00:16.600 - We did speak with the petitioner, and I believe the petitioner's representative is online, 01:00:16.600 --> 01:00:19.080 - so they may wish to speak. 01:00:19.080 --> 01:00:24.900 - One addition was that the petitioner's representative did submit a letter, which I have included 01:00:24.900 --> 01:00:31.700 - in the packet that gives some information as to why they are requesting an extension due 01:00:31.700 --> 01:00:35.580 - to other circumstances. 01:00:35.580 --> 01:00:41.880 - So we did also have the stormwater team go out and make an inspection, since this is 01:00:41.880 --> 01:00:49.520 - sort of an interesting drain adjustment into a pond situation, since it's surrounding by 01:00:49.520 --> 01:00:50.520 - all homes. 01:00:50.520 --> 01:00:53.480 - We wanted to make sure that that was in good shape. 01:00:53.480 --> 01:00:59.520 - So they did believe that the detention area was adequate and that they had recommended 01:00:59.520 --> 01:01:05.800 - some planted vegetation, definitely in the area of the swale, just to reduce any possible 01:01:05.800 --> 01:01:08.000 - erosion in the future. 01:01:08.000 --> 01:01:14.240 - And then they also made a recommendation around the actual pond to put vegetation, because 01:01:14.240 --> 01:01:16.320 - something I did not know. 01:01:16.320 --> 01:01:22.200 - If you do vegetate the exterior of the pond, it's less likely that geese will inhabit the 01:01:22.200 --> 01:01:27.280 - pond, so it just helps with water quality, as well as other complaints that come along 01:01:27.280 --> 01:01:28.800 - with a lot of geese. 01:01:28.800 --> 01:01:34.800 - So that was something that we are working with them on as sort of a nice thing to have, 01:01:34.800 --> 01:01:38.320 - not necessarily a required thing, but we do see it as something that we could potentially 01:01:38.320 --> 01:01:41.320 - see complaints about in the future. 01:01:41.320 --> 01:01:44.920 - So if they're willing and able to do it out of the estimate that they already have on 01:01:44.920 --> 01:01:49.080 - file, we think it could definitely be covered. 01:01:49.080 --> 01:01:57.600 - And then there was also some erosion issues that our stormwater inspector notified us of 01:01:57.600 --> 01:01:59.400 - and we've included in the report. 01:01:59.400 --> 01:02:05.640 - So it just needs some re removal repair to be able to make sure that this is sustained 01:02:05.640 --> 01:02:06.640 - long term. 01:02:06.640 --> 01:02:13.400 - Now, I did note that the entire loop of Stone Lake Circle is plotted as private. 01:02:13.400 --> 01:02:19.340 - So this is something where we do still require that performance guarantee to install those 01:02:19.340 --> 01:02:24.160 - improvements per the ordinance, but it's not something that if once they complete it and 01:02:24.160 --> 01:02:31.400 - finish it, we would be as the county liable to replace or repair any deficiencies. 01:02:31.400 --> 01:02:38.080 - That said, we still want to turn over to the HOA the best possible conditions and that 01:02:38.080 --> 01:02:39.940 - meet the plans. 01:02:39.940 --> 01:02:47.700 - So yes, that's pretty much the gist of it. 01:02:47.700 --> 01:02:52.680 - We did have part of the roadway is approved in the city jurisdiction. 01:02:52.680 --> 01:02:55.680 - So it's partially city maintained in the yellow. 01:02:55.680 --> 01:03:01.320 - Then it was county approved a certain extension in the blue. 01:03:01.320 --> 01:03:06.360 - And then there's a light blue section here that was plotted as public but did not meet 01:03:06.360 --> 01:03:08.440 - county standards and was not taken in. 01:03:08.440 --> 01:03:13.640 - And so there are some things that we see we may want to work with the petitioner's representative 01:03:13.640 --> 01:03:19.280 - such as the requirement for full installation of sidewalk on the north side of Stone Lake 01:03:19.280 --> 01:03:21.960 - Circle just in phase six. 01:03:21.960 --> 01:03:24.000 - It's currently not there at all. 01:03:24.000 --> 01:03:29.800 - And so I think they would like to work with us to try to see if they can remove that requirement, 01:03:29.800 --> 01:03:35.360 - for instance, and just keep sidewalk on the internal loop of Stone Lake Circle for which 01:03:35.360 --> 01:03:38.240 - it goes all the way around. 01:03:38.240 --> 01:03:42.880 - So with that, I can take any questions and I know the petitioner's representative may 01:03:42.880 --> 01:03:45.640 - have something they'd like to add as well. 01:03:45.640 --> 01:03:48.860 - Thank you, Ms. Nestor-Gellin. 01:03:48.860 --> 01:03:52.520 - Are there any questions from, yeah, Mr. Farris? 01:03:52.520 --> 01:03:57.480 - This is really education for me. 01:03:57.480 --> 01:04:07.360 - Extend the completion date out till 2026 and the line of credit expires a year prior and 01:04:07.360 --> 01:04:13.040 - there's a shortfall of, I don't know, looks like a little over 12K, something like that. 01:04:13.040 --> 01:04:14.880 - How do you address that? 01:04:14.880 --> 01:04:23.080 - So we are taking the performance period end date and using that as our documents that 01:04:23.080 --> 01:04:24.760 - we're having the developer sign. 01:04:24.760 --> 01:04:29.400 - We're telling them, please sign this with a performance guarantee of this amount. 01:04:29.400 --> 01:04:34.760 - The letter of credit, we are working diligently with every developer to renew those, but we 01:04:34.760 --> 01:04:40.760 - want those to be renewed under an active and valid performance period, if that makes sense. 01:04:40.760 --> 01:04:46.760 - So we will renew those letters of credit as, unfortunately, as frequently as every three 01:04:46.760 --> 01:04:49.120 - months with some developers. 01:04:49.120 --> 01:04:52.240 - So you need an updated period of performance before you can do that. 01:04:52.240 --> 01:04:53.240 - Got it. 01:04:53.240 --> 01:04:54.240 - I understand. 01:04:54.240 --> 01:04:57.240 - Any additional questions? 01:04:57.240 --> 01:05:03.320 - If not, we can turn to the petitioner's representative if he could raise your virtual hand. 01:05:03.320 --> 01:05:13.680 - Public services can allow you to unmute. 01:05:13.680 --> 01:05:18.040 - Kevin Shaw has his hand raised. 01:05:18.040 --> 01:05:21.880 - Mr. Shaw, are you able to unmute yourself? 01:05:21.880 --> 01:05:24.760 - There you go. 01:05:24.760 --> 01:05:25.760 - Yeah, I can. 01:05:25.760 --> 01:05:31.760 - You have 15 minutes if you wish to use that time. 01:05:31.760 --> 01:05:40.760 - Well I wasn't really prepared to speak, but yeah, I unfortunately, Mr. Shaw, my father 01:05:40.760 --> 01:05:53.080 - was not feeling well, was unable to attend this evening, but anyway, as far as the extension 01:05:53.080 --> 01:06:01.640 - of sidewalks on the north side, that is a sticking issue because the original approval 01:06:01.640 --> 01:06:22.480 - did not bring into, did not plan for, so that is a sticking point, and also, as far as street 01:06:22.480 --> 01:06:35.400 - trees, often times we wait to complete a construction on, put new street trees in, but often times 01:06:35.400 --> 01:06:45.160 - it conflicts with the construction, plus the possibility of damaging, you know, endeavor 01:06:45.160 --> 01:06:53.840 - to complete, things like that, so that is why there has been a delay, as was brought 01:06:53.840 --> 01:07:04.800 - out, there are two additional lots there, that was the intent, to go ahead and build 01:07:04.800 --> 01:07:17.960 - the structure, but you know, often times, because of demand for housing and plus the 01:07:17.960 --> 01:07:28.280 - market at times, it, we are not able to sit on the wall, generally build several houses 01:07:28.280 --> 01:07:37.200 - and then sit on them, so that is why this development has taken a number, and as far 01:07:37.200 --> 01:07:51.000 - as the repair, that is not a problem, that is pretty much sums up what I had to say about 01:07:51.000 --> 01:07:52.000 - that. 01:07:52.000 --> 01:07:56.400 - Okay, thank you Mr. Shaw, do any members of the planning commission have questions for 01:07:56.400 --> 01:07:58.400 - Mr. Shaw? 01:07:58.400 --> 01:08:03.760 - Okay, I'm not seeing any thank you Mr. Shaw, so we can turn now to public comment, if there's 01:08:03.760 --> 01:08:09.000 - anybody here in the room or online that wishes to speak in favor or against this petition, 01:08:09.000 --> 01:08:16.360 - please either come to the podium or raise your virtual hand if you're online. 01:08:16.360 --> 01:08:20.360 - Seeing no one, we'll come back to the planning commission for discussion, questions or a 01:08:20.360 --> 01:08:30.360 - motion. 01:08:30.360 --> 01:08:31.360 - I have a motion. 01:08:31.360 --> 01:08:32.840 - I don't see any questions, so go ahead Mr. Ferris. 01:08:32.840 --> 01:08:46.160 - All right, with respect to SIA 2220, I recommend that we approve the new period of performance 01:08:46.160 --> 01:08:54.120 - extending to August 15, 2026, so the petitioner can complete all remaining improvements. 01:08:54.120 --> 01:09:03.600 - And so this include a waiver of the final hearing and also, is it up there? 01:09:03.600 --> 01:09:04.600 - Okay. 01:09:04.600 --> 01:09:12.520 - Also wave a final hearing if there's, I don't see it on the form there, but it's been moved 01:09:12.520 --> 01:09:20.080 - and seconded to approve SIA-22-20, which is the Stone Lake Park phase six request for 01:09:20.080 --> 01:09:27.640 - a performance period until August 15, 2026, and this includes a waiver of the final hearing. 01:09:27.640 --> 01:09:38.800 - A vote yes is a vote to approve. David Bush? Yes. Scott Ferris? Yes. Rudy Fields? Yes. 01:09:38.800 --> 01:09:46.760 - David Henry? Yes. Jeff Morris? Yes. Julie Thomas? Yes. Motion is approved six to zero. 01:09:46.760 --> 01:09:53.180 - Hey, moving on to our final petition of the night. This is PUO-25-2. This is the Westgate 01:09:53.180 --> 01:09:58.120 - on third plan unit development outline plan, amendment three. This is the preliminary hearing 01:09:58.120 --> 01:10:07.720 - with a waiver of final hearing requested. So, Ms. Crisillus, I'll turn it over to you. 01:10:07.720 --> 01:10:18.840 - Thank you. All right. So, this is a request for Westgate on third PUD to amend their phasing 01:10:18.840 --> 01:10:27.360 - plan. So, as you're familiar, this is a 37.99 acre property located plan unit development 01:10:27.360 --> 01:10:36.120 - on West State Road 48 or West third. And I have updated this PowerPoint. So, I'm going 01:10:36.120 --> 01:10:53.320 - to stop sharing for just a second, hit refresh. Hopefully, my PowerPoint will be ready. Okay. 01:10:53.320 --> 01:11:00.400 - There we go. So, they are proposing a change to the phasing plan only. Traditionally, we 01:11:00.400 --> 01:11:07.840 - would see a change to the PUD ordinance itself, but with the ordinance under amendment number 01:11:07.840 --> 01:11:13.360 - two in 2024, they adopted a phasing plan that outlines their construction and when they 01:11:13.360 --> 01:11:19.600 - would be able to receive their conditional and final land use certificates, which allows 01:11:19.600 --> 01:11:26.040 - them to occupy buildings. So, the property is one lot of record. It's not platted and 01:11:26.040 --> 01:11:35.080 - it was split up into eight construction phases. So, that's what's on screen. So, throughout 01:11:35.080 --> 01:11:40.480 - the phasing document, there are kind of certain checkpoints along the way. So, you can obtain 01:11:40.480 --> 01:11:47.640 - phase, if you get a conditional use certificate for phase three, for example, you cannot get 01:11:47.640 --> 01:11:52.040 - it before phase, you could not get phase four. You have to get phase three and then four 01:11:52.040 --> 01:11:58.200 - and then five. They've received a conditional land use certificate for phases one and two 01:11:58.200 --> 01:12:08.200 - and are very close for phase three. Throughout the document, there are some checkpoint completion. 01:12:08.200 --> 01:12:17.400 - There's some checkpoint standards within each of the phases that kind of wrap up items that 01:12:17.400 --> 01:12:24.600 - were not completed in the phases before them. So, not everything within phase one has to 01:12:24.600 --> 01:12:28.580 - be done when they get phase one. So, they've described what needs to be done when they 01:12:28.580 --> 01:12:36.160 - can get their occupancy. So, in phase three, point three, they state that landscaping, 01:12:36.160 --> 01:12:41.600 - permanent stabilization complete in phases one, two, and three. That's fine. That's complete. 01:12:41.600 --> 01:12:49.120 - It goes on to say that pond number one, number three A, and number four are fully finished, 01:12:49.120 --> 01:12:55.860 - parentheses including a perforated drain, crushed stone, special soil mix, and pond 01:12:55.860 --> 01:13:02.400 - plantings. It says no more land disturbing activities in phase three. Submit as billed 01:13:02.400 --> 01:13:07.160 - to pond number four for review by the stormwater program prior to the installation of underdrain 01:13:07.160 --> 01:13:16.680 - system and final pond plantings. So, completing a bioretention pond is quite a big task. So, 01:13:16.680 --> 01:13:22.120 - that's moving on. So, currently at this point within their phasing narrative as adopted, 01:13:22.120 --> 01:13:28.260 - they would have to finish three ponds. Number three is pond number four, which is a very 01:13:28.260 --> 01:13:39.700 - large pond. So, because of 2025 and the rainfall that they've experienced, they've encountered 01:13:39.700 --> 01:13:48.680 - some delays with staying on the timeline that they wrote back in early 2024. In order to 01:13:48.680 --> 01:13:54.680 - install an underdrain and finalize a bioretention pond, they have to excavate the pond, wait 01:13:54.680 --> 01:14:00.000 - for it to dry, excavate out the sediment that's run into it and is being held there during 01:14:00.000 --> 01:14:06.760 - construction. They have to install the underdrain, have stormwater, inspect the drain, they 01:14:06.760 --> 01:14:07.400 - complete 01:14:07.400 --> 01:14:12.640 - the installation, and then they add amended soils and then do plantings. It is quite a 01:14:12.640 --> 01:14:20.200 - process that normally requires many days in advance of dry weather and dry soils. Because 01:14:20.200 --> 01:14:24.020 - of the weather, they have not been able to complete the ponds. They have been eager, 01:14:24.020 --> 01:14:30.440 - they have attempted it once before, and then was met with weather that pushed them back. 01:14:30.440 --> 01:14:38.680 - Since they filed this amendment, they have taken active strides with some of the weather 01:14:38.680 --> 01:14:43.160 - on the ponds. I don't know as of now with the rain that just happened yesterday and 01:14:43.160 --> 01:14:47.520 - today if they were able to make any completions, but I know the petitioner is here and they 01:14:47.520 --> 01:14:56.560 - could give us an update. As a reminder, within the entire development plan, it does include 01:14:56.560 --> 01:15:02.560 - eight buyer retention ponds. This is something that could come up again in the future. Planning 01:15:02.560 --> 01:15:08.920 - staff worked with the petitioner and the legal department to come up with language that would 01:15:08.920 --> 01:15:18.640 - offer some flexibility in case of weather delays. They have added the language, "If weather 01:15:18.640 --> 01:15:26.020 - conditions prevent these actions from occurring prior of the completion of phase X, the following 01:15:26.020 --> 01:15:31.840 - shall apply. If the proposed use, building, or other structure is in conformity with provisions 01:15:31.840 --> 01:15:37.160 - of this ordinance except for final landscaping and final stormwater infrastructure improvements, 01:15:37.160 --> 01:15:41.520 - a conditional land use certificate may be granted at the administrator's discretion. 01:15:41.520 --> 01:15:45.240 - The conditional land use certificate shall be valid for no longer than six months, but 01:15:45.240 --> 01:15:50.840 - may be renewed for an additional six month period at the administrator's discretion." 01:15:50.840 --> 01:15:57.340 - They have added this language to multiple points within their phasing narrative. They've 01:15:57.340 --> 01:16:05.800 - added it for pond completion. They've added it for final asphalt surfacing, which they 01:16:05.800 --> 01:16:12.040 - could encounter delays because, as we know, asphalt plants close during the winter and 01:16:12.040 --> 01:16:18.600 - the phases, the construction, the current timing of their end phases could put them 01:16:18.600 --> 01:16:27.520 - in winter. And then also completion of the fountain and fountain walkway. So, planning 01:16:27.520 --> 01:16:33.100 - helped craft this language with the legal department and stormwater has reviewed this 01:16:33.100 --> 01:16:38.920 - language as well and is in support of this. And I have some comments from Erica Pena that 01:16:38.920 --> 01:16:49.960 - I can read off in just a moment. So, I have quite a few comments, but the first one I 01:16:49.960 --> 01:16:56.000 - really like, which is stormwater is in favor of phasing adjustments as it will provide 01:16:56.000 --> 01:16:59.800 - them the flexibility they need to continue making progress and finish requirements under 01:16:59.800 --> 01:17:05.100 - the most ideal weather conditions. And that they want the ponds to be finished correctly 01:17:05.100 --> 01:17:10.400 - and not quickly and that they want to work with the site as much as possible. That they 01:17:10.400 --> 01:17:15.400 - are and have been communicative throughout this whole process and that ponds are currently 01:17:15.400 --> 01:17:23.340 - functional, receiving drainage and discharging as designed. So, adding this into the phasing 01:17:23.340 --> 01:17:30.840 - narrative, there is, of course, the site would have to reach a final completion point. So, 01:17:30.840 --> 01:17:41.520 - at Phase 8, when a final LUC would be issued, we have in that same discussion with legal, 01:17:41.520 --> 01:17:46.560 - it was recommended we do have a letter of credit. Stormwater holds a letter of credit 01:17:46.560 --> 01:17:54.480 - for some infrastructure that could be held if, for some reason, stormwater infrastructure 01:17:54.480 --> 01:18:01.520 - had not been installed to the plan and as approved by stormwater. The petitioner has 01:18:01.520 --> 01:18:07.240 - been working diligently on this, so we don't think it would ever get to that point, but 01:18:07.240 --> 01:18:13.760 - it is a safety net that's already built in. The letter of credit is already held by the 01:18:13.760 --> 01:18:21.240 - county. So staff does recommend forwarding a positive recommendation to the county commissioners 01:18:21.240 --> 01:18:26.960 - for this planned unit outline plan amendment request, subject to the Monroe County Highway 01:18:26.960 --> 01:18:32.320 - and Department reports. Does anybody have any questions? 01:18:32.320 --> 01:18:40.480 - Commissioner Thomas. It's more of a comment. You know, this is 01:18:40.480 --> 01:18:48.600 - concerning because there's construction going on and more impervious surface being put down, 01:18:48.600 --> 01:18:59.160 - yet the drainage isn't complete and that worries me, but however, if since the stormwater director 01:18:59.160 --> 01:19:06.640 - planning staff and legal are okay with this and don't see this as an issue, I'm fine with 01:19:06.640 --> 01:19:18.160 - it and the petitioner as well, of course, so I'm going to vote yes on this. Thank you. 01:19:18.160 --> 01:19:25.120 - Further questions or comments for staff? Thank you, Ann. We can turn now to the petitioner 01:19:25.120 --> 01:19:30.200 - or the petitioner's representative. If you'd be willing to sign in, state your name, you'll 01:19:30.200 --> 01:19:58.800 - have 15 minutes. Good evening, everyone. I'm Ryan Huffman with Sunstone Construction, the 01:19:58.800 --> 01:20:04.200 - general contractor on the project. I don't have much to add this evening. I feel like 01:20:04.200 --> 01:20:11.920 - we have come together as a team and changed the plan. We're working hard to complete construction 01:20:11.920 --> 01:20:21.400 - as quickly as possible. When we drafted this, like Ann said, in early 2024, had an idea 01:20:21.400 --> 01:20:26.120 - but very little understanding of where we would be in terms of time of the year. This 01:20:26.120 --> 01:20:32.120 - is a process that typically does better in the summer or the early fall, but in the last 01:20:32.120 --> 01:20:38.840 - couple weeks since we created this amendment, we were able to get pond 3A. Ann, do you have 01:20:38.840 --> 01:20:44.000 - any of the pictures that we can show that we have been working? We have the pond underdrain 01:20:44.000 --> 01:20:54.360 - system installed, the amended soils sprayed in, as well as blanketing on top. That one 01:20:54.360 --> 01:21:02.320 - is, for lack of a better term, is done. But as Ann has said, pond 4 is a very large pond. 01:21:02.320 --> 01:21:08.320 - It has taken quite a long time to dry out, but we really haven't had it. Every time we 01:21:08.320 --> 01:21:13.560 - try to watch it dry out, it just rains more in it. It's been a very odd and very wet spring, 01:21:13.560 --> 01:21:17.320 - so it's kind of set us back a little bit. I won't add any more than that, but if you 01:21:17.320 --> 01:21:23.240 - have any questions, please feel free to ask me. Thank you, Mr. Huffman. Are there any members 01:21:23.240 --> 01:21:30.480 - of the planning commission who have questions? Okay, not seeing anything. Thank you, sir. 01:21:30.480 --> 01:21:33.960 - We will turn now to public comments. So if there's anyone here in the room who wishes 01:21:33.960 --> 01:21:39.360 - to speak for or against this, please come forward. We do have one virtual hand raised, 01:21:39.360 --> 01:21:42.640 - so if tech services could allow you to unmute, you can go ahead. 01:21:42.640 --> 01:21:51.800 - Good evening. Can you hear me? Yes, now we can. Oh, hi, Lisa. Hi. I just have a question 01:21:51.800 --> 01:21:57.560 - on the timing of the road improvements and how far that is moved back. The reason why 01:21:57.560 --> 01:22:03.000 - I ask that is because the counties worked really close with the residents out there, 01:22:03.000 --> 01:22:10.400 - the school system. We put a thin layer of asphalt last year at our expense for some 01:22:10.400 --> 01:22:16.300 - of the road improvements, and now we have it out for bid for a full paving for the rest 01:22:16.300 --> 01:22:20.920 - of the project. And I know there's some ponding of water and some issues that need to be addressed 01:22:20.920 --> 01:22:27.720 - at the entrances. So I wondered about the coordination of that with us paving the rest 01:22:27.720 --> 01:22:37.040 - of Park Square. Well, I will say, Lisa, this phasing narrative change will not be impacting 01:22:37.040 --> 01:22:43.320 - any of the road improvement requirement timelines. I was under the impression under the latest 01:22:43.320 --> 01:22:50.480 - LUC, I thought that they, Paul did sign off on the Park Square improvements. So if there 01:22:50.480 --> 01:22:58.000 - are active issues there on Park Square, I think we could work to address those. I wasn't 01:22:58.000 --> 01:23:02.280 - aware that there were still issues on Park Square, so we could work with the developer 01:23:02.280 --> 01:23:08.320 - on those. Okay. And that's fine. They've been good to work with and we've, Lance Asphalt 01:23:08.320 --> 01:23:14.120 - is their paving company and we've reached out to him multiple times on the issues that 01:23:14.120 --> 01:23:19.600 - we've seen. So, and they've been great to work with. I just didn't want to delay something 01:23:19.600 --> 01:23:25.280 - that could come back and harm the condition of the roadway after it's fully paved. Yeah. 01:23:25.280 --> 01:23:31.520 - All the requests for changes of the narrative are internal to the site, so they will not 01:23:31.520 --> 01:23:36.120 - involve Park Square. Yeah. Good question. Okay. I just saw your road improvements to 01:23:36.120 --> 01:23:43.060 - Park Square on there, so. Okay. Thank you, Lisa, for chiming in. Are there? Thank you. 01:23:43.060 --> 01:23:48.720 - Any other members of the public who wish to speak? Okay. Seeing none, we can come back 01:23:48.720 --> 01:23:57.600 - to the Plan Commission for comments, questions. I don't want to ruin your streak of making 01:23:57.600 --> 01:24:07.040 - all the motions tonight. Okay. With respect to case number PUO 25-2, which is a request 01:24:07.040 --> 01:24:14.080 - for Westgate on 3rd PUD Outline Plan Amendment Number 3. This also includes a request for 01:24:14.080 --> 01:24:25.800 - waiver of the final hearing. See, I got it right this time, so. A favorable recommendation 01:24:25.800 --> 01:24:31.360 - to the County Commissioners for PUD Outline Amendment Number 3, which is also subject 01:24:31.360 --> 01:24:41.280 - to the County Highway Department reports. We have a, do we have a second? Second. Okay. 01:24:41.280 --> 01:24:49.040 - It's been moved and seconded to send a favorable recommendation for PUO-25-2, Westgate on 3rd 01:24:49.040 --> 01:24:54.480 - Plan Unit Development Outline Plan Amendment 3. With a waiver of final hearing, a vote 01:24:54.480 --> 01:25:00.200 - yes is a vote to send a favorable recommendation and approve the waiver of final hearing. Scott 01:25:00.200 --> 01:25:13.040 - Ferris? Yes. Rudy Fields? Yes. David Henry? Yes. Jeff Morris? Yes. Julie Thomas? Yes. David 01:25:13.040 --> 01:25:23.000 - Bush? Yes. Okay, motion is approved 6-0. Do we have any planning or legal reports tonight? 01:25:23.000 --> 01:25:30.000 - Not from legal. Great. I do not have anything just for those that sustain any storm damage. 01:25:30.000 --> 01:25:35.120 - We're, you know, obviously happy to talk with anyone on the rebuilding process and hope 01:25:35.120 --> 01:25:42.280 - to make it as easy as we can in terms of any CDO changes. So, happy to speak with anyone 01:25:42.280 --> 01:25:48.480 - on the phone or in person Monday through Friday, 8-4 at our office and answer questions. Thank 01:25:48.480 --> 01:25:55.480 - you, Jackie. Do we have a motion for adjournment? I'm moved. Okay, have a good evening, everyone. 01:26:25.480 --> 01:26:28.980 - (upbeat orchestral music) 01:26:28.980 --> 01:26:32.480 - ("Pomp and Circumstance") 01:26:32.480 --> 01:26:35.980 - ("Pomp and Circumstance") 01:26:35.980 --> 01:26:39.480 - ("Pomp and Circumstance") 01:26:39.480 --> 01:26:42.980 - ("Pomp and Circumstance") 01:26:42.980 --> 01:26:46.480 - ("Pomp and Circumstance") 01:26:46.480 --> 01:26:49.980 - ("Pomp and Circumstance") 01:26:49.980 --> 01:26:53.480 - ("Pomp and Circumstance") 01:26:53.480 --> 01:26:56.980 - ("Pomp and Circumstance") 01:26:56.980 --> 01:27:00.480 - ("Pomp and Circumstance")