WEBVTT 00:00:01.218 --> 00:00:11.150 - So it's now 530. I'd like to call the Monroe County Plan Commission meeting of February 17th, 00:00:11.150 --> 00:00:22.032 - 2026 to order. And go ahead and start with Director Jelen and the roll call, please. Sure. David Bush? 00:00:22.032 --> 00:00:29.534 - Here. Margaret Clements? Here. Tron Enri-Randolph? Scott Ferris? Here. 00:00:29.986 --> 00:00:41.861 - Rudy fields here. David Henry. Jeff Morris here. Julie Thomas. Joe Van Deventer. And Stephen Bishop 00:00:41.861 --> 00:00:53.973 - here. OK, so we have. Five voting members in person and one non voting member in person and a quorum. 00:00:53.973 --> 00:00:59.198 - OK, next up is introduction of evidence and 00:01:00.546 --> 00:01:06.541 - Go ahead and introduce, please. I'd like to introduce the following items into the evidence. The Monroe 00:01:06.541 --> 00:01:12.536 - County Development Ordinance as adopted and amended. The Monroe County Zoning Ordinance and Subdivision 00:01:12.536 --> 00:01:18.473 - Control Ordinance as adopted and amended. The Monroe County Comprehensive Plan as adopted and amended. 00:01:18.473 --> 00:01:24.352 - The Monroe County Plan Commission Rules and Procedure as adopted and amended. And the cases that were 00:01:24.352 --> 00:01:29.598 - legally advertised and scheduled for a hearing on tonight's agenda. Move approval. Second. 00:01:30.210 --> 00:01:38.017 - It's been moved and seconded to approve the introduction of evidence. A vote yes is a vote to approve. 00:01:38.017 --> 00:01:45.748 - Margaret Clements? Yes. Scott Ferris? Yes. Rudy Fields? Yes. Jeff Morse? Yes. David Bush? Yes. Motion 00:01:45.748 --> 00:01:52.190 - carries five to zero. I'd like to move approval of the agenda as advertised. Second. 00:01:54.242 --> 00:02:02.088 - It's been moved and seconded to approve the agenda as advertised with no changes. A vote yes is a vote 00:02:02.088 --> 00:02:09.706 - to approve. Scott Farris. Yes. Rudy Fields. Yes. Jeff Morris. Yes. David Bush. Yes. Mario Clements. 00:02:09.706 --> 00:02:17.704 - Yes. Motion carries five to zero. If nobody has any objections, I'd like to move approval of the minutes 00:02:17.704 --> 00:02:22.046 - from December 18th, 2025 and January 20th, 2026. Second. 00:02:23.490 --> 00:02:31.370 - It's been moved and seconded to approve both sets of minutes, December 18th, 2025 and January 20th, 00:02:31.370 --> 00:02:38.934 - 2026. A vote yes is a vote to approve both sets of minutes. Rudy Fields? Yes. Jeff Morris? Yes. 00:02:38.934 --> 00:02:46.814 - David Bush? Yes. Mark Clements? Yes. Scott Ferris? Yes. Motion is approved five to zero. That takes 00:02:46.814 --> 00:02:53.118 - us to administrative business. Do you have an update on the CDO prioritization? 00:02:54.466 --> 00:03:03.539 - Yes, I did want to update the group that we were able to pass two text amendments by the county commissioners 00:03:03.539 --> 00:03:11.869 - on Thursday, February 12th. One of those items was the sliding scale option. And then the other item 00:03:11.869 --> 00:03:19.870 - was related to some staff edits, including allowing an allowance for eco development if there is 00:03:19.970 --> 00:03:27.769 - proposal on flat ground and it's for accessory structures. So we were able to pass both of those on 00:03:27.769 --> 00:03:35.647 - February 12th. So we move on to unfinished business and appears there is none. So let's go ahead and 00:03:35.647 --> 00:03:43.914 - move into new business. For new business, we're going to have three petitions. One is 3521st South Rogers 00:03:43.914 --> 00:03:49.374 - Street rezoned from a PUD to residential. The second one is Highlines 00:03:49.506 --> 00:03:57.785 - Highlands PUD Outline Plan Amendment to Partial E. The third one is the Point PUD Outline Plan for the 00:03:57.785 --> 00:04:06.144 - Eagle Bay garages and all three, if I'm correct, are requesting a waiver of the final hearings. So over 00:04:06.144 --> 00:04:14.423 - to you, Drew. Thank you. So this is REZ-25-7. It's the 3521 South Roger Street Rezone from PUD to RES. 00:04:14.423 --> 00:04:15.870 - It is one parcel. 00:04:16.130 --> 00:04:23.300 - that measures 1.01 acres in section 17 of Perry Township, and it is at 3521 South Rogers Street. 00:04:23.300 --> 00:04:30.766 - All right. So this petition requests to rezone the 1.01 acres of this property from PUD Summersby to 00:04:30.766 --> 00:04:38.157 - Residential 1 or RES. The goal of the rezone is to establish an appropriate zoning district for the 00:04:38.157 --> 00:04:42.814 - subject property in response to correcting a zoning map error. 00:04:43.490 --> 00:04:49.147 - According to the current zoning map, the property is zoned PUD Summersbee. Citing the Summersbee PUD 00:04:49.147 --> 00:04:55.196 - ordinance and subsequent subdivision plat indicates that the subject property is not part of the Summersbee 00:04:55.196 --> 00:05:00.965 - PUD or the Summersbee subdivision. This was recognized by staff when the property owner came in to ask 00:05:00.965 --> 00:05:06.846 - questions about developing the property. And when we pulled up the property on the screen in the office, 00:05:06.978 --> 00:05:14.612 - we recognize that it looked a little funny that it was zoned PUD when it was not part of the Summersbee 00:05:14.612 --> 00:05:22.393 - subdivision. So then we went into details and research to figure out how that happened. So this property, 00:05:22.393 --> 00:05:29.587 - as I stated, is 1.01 acres. It is approximately 500 feet from Bachelor Middle School. Its zoning, 00:05:29.587 --> 00:05:36.414 - as I said, is PUD. The surrounding zoning districts are High Development Residential, or HD, 00:05:37.250 --> 00:05:43.675 - And it is also adjacent to a former railroad property, which is the Bloomington Rail Trail. And then 00:05:43.675 --> 00:05:50.482 - further east to that is the city of Bloomington jurisdiction. You will see in the packet there are several 00:05:50.482 --> 00:05:57.035 - exhibits, including the Summersbee subdivision plot, as well as the original ordinance from 1992, both 00:05:57.035 --> 00:06:04.414 - of which indicate that this property should not have been zoned PUD. And we are unsure why that happened, but it is 00:06:04.514 --> 00:06:11.383 - before you this evening so that we can correct it and get it appropriately zoned to the right zoning 00:06:11.383 --> 00:06:18.252 - district. Property does have sewer that services it. There's actually a sewer line that cuts through 00:06:18.252 --> 00:06:25.733 - the property. Interestingly enough, the property owner came into the office wanting to expand the residential 00:06:25.733 --> 00:06:33.214 - use of the property, including originally in their first iterations of plans for the property were to develop 00:06:33.378 --> 00:06:40.393 - additional duplexes or paired patio homes on the property and the extension of city sewer services were 00:06:40.393 --> 00:06:47.206 - denied by the City of Bloomington utilities. So the property owner kind of was halted by that aspect 00:06:47.206 --> 00:06:54.221 - even though there are services on the property currently being serviced. And it is the property is also 00:06:54.221 --> 00:07:00.967 - located in the Clear Creek Critical Watershed and the comprehensive plan has it designated as mixed 00:07:00.967 --> 00:07:02.046 - residential. So 00:07:02.338 --> 00:07:10.945 - No matter how the zoning changes on the property, further development of the site that increases residential 00:07:10.945 --> 00:07:18.842 - density would first need sewer extension services. So staff is understanding that anything that the 00:07:18.842 --> 00:07:26.817 - property owners wanting to do on the property will first need that extension from CBU. That's not to 00:07:26.817 --> 00:07:29.502 - say that the residential district 00:07:29.634 --> 00:07:35.621 - offers multiple different residential style uses, and we'll get into that. On the screen now, we have 00:07:35.621 --> 00:07:41.666 - the location map. This darker green area to the east is the city of Bloomington jurisdiction. And then 00:07:41.666 --> 00:07:47.536 - you can see on the zoning map here, everything that's colored is the county's jurisdiction, and the 00:07:47.536 --> 00:07:53.464 - non-colored areas is the city of Bloomington. You can see that the gray area is PUD, and the subject 00:07:53.464 --> 00:07:55.166 - property is outlined in red. 00:07:57.218 --> 00:08:02.368 - Now on the screen, we have the site conditions map. You can see the sewer service line in green cut 00:08:02.368 --> 00:08:07.929 - through the property. And there is an existing two-family dwelling on the property that uses those services 00:08:07.929 --> 00:08:13.079 - currently. It is all under 25% slope, so there's no concerns for slope here. And as I said, you can 00:08:13.079 --> 00:08:18.435 - see the Bloomington Rail Trail immediately to the east. There is a driveway that comes off the property 00:08:18.435 --> 00:08:20.958 - that is accessed right from South Rogers Street. 00:08:25.634 --> 00:08:31.861 - Now on the screen is a slide that talks about House Bill 1058. This is something that's ongoing and 00:08:31.861 --> 00:08:38.711 - has not been fully decided at the state level. However, it is a pertinent piece of information to incorporate 00:08:38.711 --> 00:08:44.938 - into this presentation because it could allow the property owner to voluntarily annex into the City 00:08:44.938 --> 00:08:49.982 - of Bloomington's jurisdiction. The House Bill 1058's digest reads providing that 00:08:50.114 --> 00:08:57.069 - provides the annexation territory that is divided by railroad tracks satisfies contiguity requirements 00:08:57.069 --> 00:09:03.552 - if the territory on at least one side of the railroad tracks is contiguous to the municipality. 00:09:03.552 --> 00:09:10.305 - So essentially allowing a property to voluntarily annex if they are adjacent to a railroad and then 00:09:10.305 --> 00:09:16.990 - that railroad is adjacent to the city's jurisdiction. All right, so now on the screen we have some 00:09:17.090 --> 00:09:23.117 - photographs of the property. These two on the screen now are from Google Street View. These are taken 00:09:23.117 --> 00:09:29.202 - in 2023. You can see the driveway there coming off of South Rogers Street and the parking area for the 00:09:29.202 --> 00:09:35.465 - current dwelling. Now on the screen, our photos were taken more recently. You can see the property marker 00:09:35.465 --> 00:09:41.492 - sign on the property, as well as the existing residence and a few cars parked there as well. And then 00:09:41.492 --> 00:09:45.982 - here's some more photographs from across the street, which is South Rogers. 00:09:48.162 --> 00:09:55.150 - Let's pause for a second. Please note that Commissioner Thomas has joined the meeting. All right. 00:09:55.150 --> 00:10:02.565 - Moving on, we have on the screen now, ordinance 92-43. This was the original ordinance that established 00:10:02.565 --> 00:10:09.766 - the Summersbee PUD. And in its description here, this legal description, it is evidence that it does 00:10:09.766 --> 00:10:14.686 - not incorporate the subject property that's before you this evening. 00:10:15.138 --> 00:10:21.388 - Additionally, we have the Summersbee subdivision plot here on the screen now. The subject property under 00:10:21.388 --> 00:10:27.697 - consideration this evening is directly to the south. And as you can see, it is not part of the Summersbee 00:10:27.697 --> 00:10:34.065 - subdivision, which created all of these lots to the north. And then here also is another piece of evidence 00:10:34.065 --> 00:10:40.315 - from the city of Bloomington's planning department that shows the Summersbee PUD, as well as the subject 00:10:40.315 --> 00:10:42.398 - property immediately to the south. 00:10:42.818 --> 00:10:52.853 - within a region that was known as RM 15 under the former fringe, two mile fringe zoning ordinance agreement. 00:10:52.853 --> 00:11:02.152 - So you can see it clearly was not part of the Summersbee PUD here as well. Now on the screen we have 00:11:02.152 --> 00:11:04.638 - the details for the zoning 00:11:04.834 --> 00:11:11.027 - district for the RES or residential one. On the left we have all the primary uses conditional uses and 00:11:11.027 --> 00:11:17.521 - accessory uses and then on the right we have the dimensional standards for that particular zoning district. 00:11:17.521 --> 00:11:23.653 - Although the property is surrounded by high development residential it was through this board as well 00:11:23.653 --> 00:11:27.742 - as the board of commissioners that a determination or a decision to 00:11:27.842 --> 00:11:34.196 - to rezone the property to residential was made. That happened at the most recent admin meeting of the 00:11:34.196 --> 00:11:40.488 - plan commission, which was held earlier this month. It was voted that the district should be rezoned 00:11:40.488 --> 00:11:46.842 - from the PUD to residential one, citing various reasons, including minimum lot size for this district 00:11:46.842 --> 00:11:53.259 - includes one acre. And as you can see on the left, under primary uses, there are a number of different 00:11:53.259 --> 00:11:56.062 - residential uses available for the property. 00:12:01.154 --> 00:12:07.736 - All right, now on the screen we have a letter of support. This comes from the property owner themselves. 00:12:07.736 --> 00:12:14.131 - This letter of support was initially written during a phase of this petition where the recommendation 00:12:14.131 --> 00:12:20.400 - from staff was to rezone it to high development residential, which matches the surrounding district 00:12:20.400 --> 00:12:22.782 - or surrounding properties, excuse me. 00:12:22.914 --> 00:12:29.400 - And you can see that they are referencing the same pieces of information that staff was able to uncover 00:12:29.400 --> 00:12:35.700 - with respect to not actually being part of the PUD. It was erroneously zoned that way. And they were 00:12:35.700 --> 00:12:42.124 - originally, the property owner was originally in support of the high development residential district, 00:12:42.124 --> 00:12:47.550 - which was a little bit more in line of their development goals. As a reminder as well, 00:12:47.970 --> 00:12:54.497 - any further development of the property that increases that residential density that sewer connection 00:12:54.497 --> 00:13:01.216 - services needs to happen first. So it is an interest of the property owner to possibly voluntarily annex 00:13:01.216 --> 00:13:07.615 - if House Bill 1058 were to happen. However, there's still a lot of question marks regarding that as 00:13:07.615 --> 00:13:14.014 - well as even if they were to voluntarily annex if the city would agree to extend sewer services for 00:13:14.014 --> 00:13:16.382 - further development of the property. 00:13:17.698 --> 00:13:24.529 - All right, that brings me to staff's recommendation. Staff recommends forwarding a positive recommendation 00:13:24.529 --> 00:13:30.977 - to the Board of Commissioners regarding the rezone request, citing its compatibility with the Monroe 00:13:30.977 --> 00:13:37.872 - County Comprehensive Plan subject to Highway and Stormwater Program reports. I will now take any questions. 00:13:37.872 --> 00:13:44.958 - Any questions from any members of the Plant Commission? We'll start on my left, on my right. Okay, Mr. Bishop. 00:13:45.474 --> 00:13:53.547 - If the house bill does come to fruition, does that create kind of a slippery slope if they did decide 00:13:53.547 --> 00:14:01.542 - to voluntarily annex into the city that other pieces now being continually touched by that property, 00:14:01.542 --> 00:14:09.774 - would that also be able to annex themselves in? I'm not sure if that, you know, it depends on how house 00:14:09.774 --> 00:14:14.206 - bill 1058 is worded. I'm not sure if you can extend the 00:14:14.306 --> 00:14:24.713 - continuity requirement through the railroad allowance of that House bill. So I'm not sure I would defer 00:14:24.713 --> 00:14:35.120 - to legal or otherwise, yeah. Yeah, I don't know the answer to that. If there's no other comments, let's 00:14:35.120 --> 00:14:38.622 - go ahead and go to the petitioner. 00:14:38.978 --> 00:14:46.345 - or the representative, if you'd approach to the podium, sign in, state your name, and you have 15 minutes 00:14:46.345 --> 00:14:53.712 - to comment. Well, interestingly enough, because this was a staff-originated petition, the plan commission 00:14:53.712 --> 00:15:01.079 - is the applicant. Therefore, you all are the applicant of this petition. The property owner may be online 00:15:01.079 --> 00:15:01.982 - and may have 00:15:02.146 --> 00:15:07.940 - comments during the public comment period. But again, they included that letter that originally was 00:15:07.940 --> 00:15:13.908 - in support of the High Development Residential District. So apparently we don't have any comments from 00:15:13.908 --> 00:15:19.702 - the Planning Commission or commissioners on this topic. So let's go ahead and go to the public. And 00:15:19.702 --> 00:15:25.553 - if you're online, please raise your hand. And if you're present in the room, just go ahead and up to 00:15:25.553 --> 00:15:28.798 - podium, sign in and you have three minutes for comment. 00:15:35.618 --> 00:15:44.724 - seeing anyone online either. Alrighty looks like we're not going to have any public comments so let's 00:15:44.724 --> 00:15:53.830 - go ahead and consider a discussion with members of the Plan Commission. We'll again start on my right 00:15:53.830 --> 00:15:57.758 - this time and see if you have any comments. 00:16:03.522 --> 00:16:11.488 - I do want to add one correction. I guess I should add negative comments. Are there any negative comments 00:16:11.488 --> 00:16:19.303 - either online or present in the room? No negative comments. Okay, now we go to the planning commission 00:16:19.303 --> 00:16:26.814 - and we'll start on my right this time if you have comments. Okay, how about a motion and a second? 00:16:29.186 --> 00:16:36.879 - For case REZ-25-7, I move that we forward a positive recommendation to the Board of Commissioners regarding 00:16:36.879 --> 00:16:44.216 - the rezone request from PUD to RES, citing its compatibility with the Monroe County Comprehensive Plan 00:16:44.216 --> 00:16:51.553 - and subject to Highway and Stormwater program reports. And I also recommend a waiver of final hearing. 00:16:51.553 --> 00:16:54.046 - Second. Okay, we have a, go ahead. 00:16:54.850 --> 00:17:03.920 - It's been moved and seconded to send a positive recommendation to the County Commissioners for REZ-25-7, 00:17:03.920 --> 00:17:12.730 - and also to grant the waiver of final hearing. A vote yes is a vote to send a positive recommendation 00:17:12.730 --> 00:17:21.541 - and waive the final hearing. Jeff Morris? Yes. Julie Thomas? Yes. David Bush? Yes. Margaret Clements? 00:17:21.541 --> 00:17:23.614 - Yes. Scott Ferris? Yes. 00:17:24.162 --> 00:17:32.818 - Rudy Fields? Yes. David Henry? Oh, sorry, David Henry's not here. Then the motion carries six to zero. 00:17:32.818 --> 00:17:41.559 - All right. That brings us to our next new business, which is P.U.O. 23.5, which is the Highlands P.U.D. 00:17:41.559 --> 00:17:47.358 - Outline Plan Amendment to Partial E. And Sean, you're the presenter. 00:17:55.682 --> 00:18:04.909 - So to reiterate, this is the Highlands PUD outline plan amendment specifically to parcel E. So this 00:18:04.909 --> 00:18:14.598 - petition involves specifically West Rangeview Circle. So the request is to amend the ordinance to revise 00:18:14.598 --> 00:18:24.286 - the inner road loop classification within the Highlands parcel E, also known as Link's Edge subdivision. 00:18:25.122 --> 00:18:33.233 - with the purpose to change it from public to a private road. So changing the road classification from 00:18:33.233 --> 00:18:41.423 - public to private would mean the responsibility for maintaining the roadway would be that of a private 00:18:41.423 --> 00:18:49.534 - entity, so i.e. the developer or an HOA. Upon inspection of the roadway, County Highway noted several 00:18:49.534 --> 00:18:52.158 - deficiencies, those ranging from 00:18:52.450 --> 00:18:59.713 - The proposed buildings being built at a higher elevation than what the plans called for. The cross slope 00:18:59.713 --> 00:19:06.976 - for the sidewalks is greater than 2% slope. That would be significant because that is not ADA compliant. 00:19:06.976 --> 00:19:14.101 - The mailboxes that were installed blocked the site distance. Parking stripes were painted incorrectly, 00:19:14.101 --> 00:19:17.214 - and then there were noted sidewalk cracking. 00:19:17.730 --> 00:19:24.819 - Aside from those items, the development has otherwise been completed, and to our knowledge, the homes 00:19:24.819 --> 00:19:31.768 - have received certificate of occupancy, so they are or can be occupied. So to resolve many of these 00:19:31.768 --> 00:19:38.787 - issues, especially in regards to slope, would require deconstruction potentially of the driveways or 00:19:38.787 --> 00:19:41.150 - the entire structures themselves. 00:19:46.338 --> 00:19:54.074 - On the screen are the location and site conditions maps. So this is located in Perry Township just right 00:19:54.074 --> 00:20:01.589 - off of South Rockport Road, about a half a mile south from the intersection of Tap Road, Country Club 00:20:01.589 --> 00:20:09.104 - Road, and South Rockport Road. Site condition maps, otherwise nothing necessarily out of the ordinary 00:20:09.104 --> 00:20:16.030 - from a planning perspective. On the screen are the zoning and comprehensive plan zoning maps. 00:20:16.194 --> 00:20:25.175 - Those are also in the packet just there for reference. So a little background on this particular parcel. 00:20:25.175 --> 00:20:33.814 - It was originally approved by the City of Bloomington and has since been transferred to the county's 00:20:33.814 --> 00:20:42.539 - jurisdiction. In 2018, the Plan Commission did conduct a series of meetings discussing the preference 00:20:42.539 --> 00:20:46.046 - of having West Rangeview Court be public 00:20:46.242 --> 00:20:54.019 - A lot of those discussions, which was also the developer's original intent, but a lot of those discussions 00:20:54.019 --> 00:21:01.797 - were based on concerns of transferring the responsibility for maintaining the roadway onto the homeowners, 00:21:01.797 --> 00:21:09.211 - whether that be an HOA or similar. The entire development currently is owned by the developer and the 00:21:09.211 --> 00:21:13.790 - units, again, are available for occupancy. As of January 2026, 00:21:13.890 --> 00:21:20.391 - The petitioner has received that COO for all buildings in the development. The stormwater program and 00:21:20.391 --> 00:21:27.337 - highway department otherwise do not have further requests for the developer at this time. But the petitioner 00:21:27.337 --> 00:21:33.901 - is continuously working with the highway department with regards to acceptance of South Wiccan Street, 00:21:33.901 --> 00:21:37.534 - which is the roadway adjacent to West Range View Circle. 00:21:39.906 --> 00:21:48.194 - And on the screen, I have the approved phasing map. So I noted from my site visits that a lot of the 00:21:48.194 --> 00:21:57.056 - concerns with regards to slope, with regards to parking, are located in phase two, which is on the northern 00:21:57.056 --> 00:21:59.518 - part you see here on the map. 00:22:07.362 --> 00:22:15.433 - This development was split into those three phases. Phase one did receive a final LUC, whereas phases 00:22:15.433 --> 00:22:23.582 - two and three were provided conditional LUC. I left descriptions for what each of those LUCs entailed. 00:22:23.582 --> 00:22:32.128 - I'll just go through them briefly. The petitioner was able to complete final landscaping, provide as-builts 00:22:32.128 --> 00:22:36.638 - for the detention pond, also provide final stabilization 00:22:37.058 --> 00:22:44.874 - safety fencing around the detention basin. That was in August of 2022. And that LUC was conditional 00:22:44.874 --> 00:22:52.769 - upon completing the roadways and getting the improvements accepted into the inventory, which is what 00:22:52.769 --> 00:23:00.742 - they're here now for, because there's been some difficulty getting those accepted. So they are hoping 00:23:00.742 --> 00:23:06.526 - to change that from public to private. For LUC 23-13, which is phase two, 00:23:06.850 --> 00:23:13.709 - that LUC was conditional upon completing the roadways and getting the improvements completed into the 00:23:13.709 --> 00:23:20.904 - inventory. And then phase one, the final LUC was granted. However, upon review, by the time the petitioner 00:23:20.904 --> 00:23:27.964 - got to phase three, it was noted that the detention basin in phase one, which is nearest to phase three, 00:23:27.964 --> 00:23:34.890 - required an as-built. And upon further review, the developer worked with staff to submit new as-builts 00:23:34.890 --> 00:23:35.966 - and comply with 00:23:36.290 --> 00:23:43.823 - the required material changes. I provided a brief timeline for this development. I did note that there 00:23:43.823 --> 00:23:51.282 - were errors in the staff report, so I just want to correct those here. So the Planning Commission did 00:23:51.282 --> 00:23:58.668 - give a positive recommendation seven to one on October 18th, 2018, and it was approved by the County 00:23:58.668 --> 00:24:01.374 - Commissioners on December 5th, 2018. 00:24:02.114 --> 00:24:09.174 - And the final plat was recorded February 1st, 2021. So I just want to make sure that was corrected. 00:24:09.174 --> 00:24:16.516 - On September 25th, 2023, the petitioner filed for the outline plan amendment to make Rangeview private. 00:24:16.516 --> 00:24:23.576 - So this is that same petition before you. However, the petitioner withdrew that request on December 00:24:23.576 --> 00:24:25.694 - 4th for reasons of their own. 00:24:27.618 --> 00:24:35.547 - And then in November of 2025, the petitioner reactivated the request and this petition was reviewed 00:24:35.547 --> 00:24:44.190 - at the Ordnance Review Committee on December 8th, 2025. So the ORC did make some comments for the developer. 00:24:44.190 --> 00:24:52.437 - They did request the developer review the inspection list provided by the county and determine if there 00:24:52.437 --> 00:24:56.798 - were improvements they could make to Rangeview Circle. 00:24:57.090 --> 00:25:03.039 - County staff also met with the developer and at the time the developer was not interested in making 00:25:03.039 --> 00:25:09.226 - any changes to Rangeview Circle because he would prefer that the road be changed from public to private 00:25:09.226 --> 00:25:15.413 - and the developer would maintain it in perpetuity. Planning staff did delay the Plan Commission hearing 00:25:15.413 --> 00:25:19.934 - in anticipation that the developer would make progress on Rangeview Circle. 00:25:20.514 --> 00:25:28.119 - specifically voluntary improvements and make progress on getting wiccans accepted into the county inventory. 00:25:28.119 --> 00:25:35.376 - And then to date, the petitioner should be working with the highway department to get wiccans accepted. 00:25:35.376 --> 00:25:42.353 - The timeline or the status for that is needed from the developer or the petitioner's representative 00:25:42.353 --> 00:25:44.446 - as that is currently ongoing. 00:25:47.906 --> 00:25:55.723 - are photos that were taken after the packet was published. So they are just some updated photos. 00:25:55.723 --> 00:26:04.104 - From 2023, not too much has changed from when I last went out there and took photos. So I'll just leave 00:26:04.104 --> 00:26:07.166 - them on the screen in a brief moment. 00:26:16.898 --> 00:26:27.685 - in the following images I took just to help portray some of the issues, some of the issues that were 00:26:27.685 --> 00:26:38.473 - noted in the packet with regards to steep slope, incorrect parking lines, which are noted here. They 00:26:38.473 --> 00:26:46.590 - are perpendicular. They should be parallel according to the approved plans. 00:26:56.130 --> 00:27:03.590 - I did note the developer is required to maintain landscaping in perpetuity. It looks like there were 00:27:03.590 --> 00:27:11.124 - some plantings that did receive damage possibly from either a storm or from the very recent snowstorm 00:27:11.124 --> 00:27:18.805 - that we had. Also took a picture of the mailboxes and just some of the conditions of the pavement. Most 00:27:18.805 --> 00:27:25.822 - of the pavement does not look like the picture on the upper left-hand side, but those are just 00:27:26.498 --> 00:27:33.486 - some instances that would be of concern if the highway department were to take that in, those would 00:27:33.486 --> 00:27:41.104 - need to be repaired. So that does lead me to staff's recommendation. So I did prepare staff's recommendation 00:27:41.104 --> 00:27:48.232 - for positive recommendation, but in the event that the planning commission were to deny this request, 00:27:48.232 --> 00:27:55.360 - I also put in some staff comments for a negative recommendation. So I'll go through those. So staff's 00:27:55.360 --> 00:27:56.478 - recommendation, 00:27:56.930 --> 00:28:03.557 - is to forward a positive recommendation to the county commissioners due to the physical constraints 00:28:03.557 --> 00:28:10.383 - of the site and based on highway department and stormwater reports with the following four conditions. 00:28:10.383 --> 00:28:17.275 - The first being that the petitioner follow through with the application and hearing for acceptance into 00:28:17.275 --> 00:28:23.969 - the right of way for South Wiccans Drive, which will require fixing any known deficiencies. Two, any 00:28:23.969 --> 00:28:26.686 - missing trees shall be installed. Three, 00:28:26.946 --> 00:28:33.735 - move the mailboxes out of the right-of-way, and four, amend the parking striping from perpendicular 00:28:33.735 --> 00:28:40.660 - to parallel to match the approved plans. Should the plan commission send a negative recommendation to 00:28:40.660 --> 00:28:47.653 - the county commissioners, the following next steps should be required. So we have two. The first being 00:28:47.653 --> 00:28:51.998 - that the petitioner is required to post a new letter of credit. 00:28:52.418 --> 00:28:59.051 - or cashier's check in the amount required to meet county standards for all public improvements, that 00:28:59.051 --> 00:29:06.013 - being range view, circle, sidewalks, curb and gutter, et cetera. And two, that the petitioner must submit 00:29:06.013 --> 00:29:12.843 - to planning staff their timeline for completing all public improvements and the timeline for requesting 00:29:12.843 --> 00:29:18.622 - their acceptance into the county road inventory and to assess the 10% annual inflation. 00:29:20.066 --> 00:29:26.877 - So in review of Rangeview Circle deficiencies, highway staff believes that the elevation of the as-built 00:29:26.877 --> 00:29:33.818 - for the townhomes on the north side of the development, which is phase two, were built too high, resulting 00:29:33.818 --> 00:29:40.369 - in sidewalk cross slopes exceeding the 2% maximum limit. Therefore, staff does not see a pathway for 00:29:40.369 --> 00:29:47.180 - the developer to meet the requirements for acceptance without major redesign or potential reconstruction 00:29:47.180 --> 00:29:48.542 - of this development. 00:29:48.738 --> 00:29:56.274 - And I will take any questions. All right. So questions from the planning commission go to my left. Mr. 00:29:56.274 --> 00:30:03.737 - Morris. I just want to clarify that I'm thinking about this correctly. So the same person owns all of 00:30:03.737 --> 00:30:11.054 - these individual units currently, right? Yeah. But they're all deeded as individual parcels. So the 00:30:11.054 --> 00:30:17.566 - developer could turn around and sell these to dozens of different individuals in theory. 00:30:18.626 --> 00:30:30.606 - Okay. Yes. Thank you. Also my left on my right. Commissioner Thomas. Um, yes. So, um, the mailboxes 00:30:30.606 --> 00:30:42.826 - are not, they're not impeding view, but they are in the right of way. Is that correct? It's, it's not 00:30:42.826 --> 00:30:45.342 - a safety issue. It's 00:30:46.402 --> 00:30:53.063 - The issue is the obstruction in the right of way. OK. It's not a track. I had thought initially that 00:30:53.063 --> 00:30:59.592 - it was an issue of obstructed view. And when I went there, I was like, it doesn't seem to me. Yes, 00:30:59.592 --> 00:31:06.187 - my mistake. But I couldn't tell. Yes, you're right. You're right. It's OK. I just want to make sure 00:31:06.187 --> 00:31:12.914 - I wasn't missing something, because that does happen a lot. OK. Now, when, and this may be a question 00:31:12.914 --> 00:31:15.486 - I need to ask Bobby LaRue in building. 00:31:15.682 --> 00:31:24.894 - But when you approve the occupancy, the certificate of occupancy is issued, it doesn't matter if the 00:31:24.894 --> 00:31:34.198 - sidewalks don't meet ADA requirements because that's not part of the building that you're inspecting. 00:31:34.198 --> 00:31:43.319 - Is that okay? That's true for Bobby, but for a land use certificate, I think it would be different. 00:31:43.319 --> 00:31:44.414 - Okay, yeah. 00:31:45.410 --> 00:31:56.219 - And I really appreciate the point that Mr. Morris raised because they're rented now, but if these are 00:31:56.219 --> 00:32:06.922 - later sold, there's nothing requiring that an HOA be created. Because if they're rented, there isn't 00:32:06.922 --> 00:32:15.294 - really an HOA. There's a leasing company that manages plowing and all of this. 00:32:15.586 --> 00:32:25.451 - And this is a great question for Mr. Schilling. How does then an HOA get created if only one unit with 00:32:25.451 --> 00:32:35.125 - multiple apartments in it or a few get sold to private owners? How do we ensure an HOA is created as 00:32:35.125 --> 00:32:44.990 - the county? Or is that just none of our business? I don't think that's the county's business once they 00:32:45.314 --> 00:32:53.226 - They get that far. OK, OK, thank you so much. Alright, I just have. Some follow up questions go back 00:32:53.226 --> 00:33:01.060 - to page 20 actually there right now. When you state the recommendation of positive recommendations, 00:33:01.060 --> 00:33:09.677 - you list four elements there. OK, my question is, have you discussed those four elements with the petitioner? 00:33:09.677 --> 00:33:14.142 - And if you did, what was the outcome of that discussion? 00:33:17.762 --> 00:33:24.751 - Sure. I think under the slide that Sean presented after the ORC meeting, meeting with the developer, 00:33:24.751 --> 00:33:31.879 - we pulled up the staff report. There was a bit of back and forth about the mailboxes or any omissions. 00:33:31.879 --> 00:33:39.214 - And I don't think that's kind of why Sean was saying he wanted a status update on the Wiccans acceptance. 00:33:39.214 --> 00:33:46.342 - So I don't know that there's been any progress other than them saying the mailboxes were USPS's choice 00:33:46.342 --> 00:33:47.518 - to locate there. 00:33:47.938 --> 00:33:54.446 - have worked with USPS to locate mailboxes, other places, so that could be something that could be a 00:33:54.446 --> 00:34:01.149 - question for the petitioner. And as far as missing trees, when this petition came about, Sean recently 00:34:01.149 --> 00:34:07.721 - did a site visit, so we want to make sure we assess now that it's been a few years any missing trees 00:34:07.721 --> 00:34:14.294 - that are there or are not there. And then the parking striping, that was part of the comments about, 00:34:14.294 --> 00:34:16.702 - you know, voluntary improvements and 00:34:16.930 --> 00:34:25.009 - I think the consensus from the developer was, it'll be private, you don't have to worry about that. 00:34:25.009 --> 00:34:33.088 - Okay, thank you. Okay, next up is the petitioner or petitioner's representative. 15 minutes, please 00:34:33.088 --> 00:34:41.086 - sign in and state your name. And if tech services will start the timer, that would be appreciated. 00:34:50.466 --> 00:34:58.232 - Are you ready for me? Daniel Butler, Binding and Fanning Associates. Do I need to swear myself in or? 00:34:58.232 --> 00:35:06.149 - The BZA. Okay. Just wanted to check. Before I start talking, I get interrupted. Thanks. With me tonight 00:35:06.149 --> 00:35:13.763 - is Tom Wanneger representing ownership. So if there's any questions for him, feel free to ask. This 00:35:13.763 --> 00:35:20.158 - was Wickens and Rangeview. Some of you were here when this was originally approved. 00:35:20.258 --> 00:35:28.592 - years ago I was and so I represented this project and the design on Rangeview and Wickens at the time 00:35:28.592 --> 00:35:37.253 - was designed to county standards, meaning that road widths, parking, sidewalks, all those types of things 00:35:37.253 --> 00:35:46.078 - were the intention of them being per county standards so that they had the ability to go private or public. 00:35:46.498 --> 00:35:53.339 - There was discussion at that time about Rangeview in particular being private or public. We 00:35:53.339 --> 00:36:00.774 - didn't necessarily mind. Either way, whatever was the best was looked upon as the positive from the 00:36:00.774 --> 00:36:08.358 - county's point of view at that time. But we are asking now for Rangeview to be private and Wickens to 00:36:08.358 --> 00:36:15.422 - remain public. This would allow for full responsibility of the developer for Rangeview Circle. 00:36:15.522 --> 00:36:23.097 - This would be such things as snow removal, cleaning, et cetera. So that would take it off the county's 00:36:23.097 --> 00:36:30.892 - hands in that perspective. There are pros and cons. I won't go back through everything that was discussed 00:36:30.892 --> 00:36:38.540 - at that time about, you know, Rangeview being public or private. There was discussion in those original 00:36:38.540 --> 00:36:44.350 - meetings about that piece of it. Since then, Biden Fanio has performed to date 00:36:44.674 --> 00:36:55.653 - as built on Wickens. Those, we didn't find many of any, you know, deficiencies at this time on Wickens. 00:36:55.653 --> 00:37:06.950 - So, I was told to inform you that the decision to go private on Wickens or on Rangeview wasn't necessarily 00:37:06.950 --> 00:37:11.806 - because of deficiencies found, it was more to 00:37:11.906 --> 00:37:20.389 - allow them to control the ongoing maintenance of Rangeview Circle. I'm not aware that any of the conditions 00:37:20.389 --> 00:37:28.243 - that are recommended by staff are a problem. Perhaps the ownership can also answer any questions or 00:37:28.243 --> 00:37:36.254 - give any further discussion on that. But if there's any more questions, I'm here to answer along with 00:37:36.254 --> 00:37:37.118 - ownership. 00:37:42.818 --> 00:38:00.179 - Does the owner have any plans to create an HOA? If he's willing to talk, I'll have to ask him to come 00:38:00.179 --> 00:38:07.838 - forward. Please sign in and state your name. 00:38:15.778 --> 00:38:28.494 - I believe there's an HOA in place. Speak up because we can hardly hear what you just said. I believe 00:38:28.494 --> 00:38:41.463 - there's an HOA in place. Greg Lauer established it for me. Greg Lauer is a local attorney. Sorry? Greg 00:38:41.463 --> 00:38:44.862 - Lauer is a local attorney. 00:38:48.066 --> 00:38:57.488 - So this is a bit of a unique situation with each of the parcels being owned by the same company. So 00:38:57.488 --> 00:39:07.099 - is there money paid into HOA fees on a regular basis? No, because I control it all. If it divided up, 00:39:07.099 --> 00:39:17.086 - then you would start having fees. OK, thank you. I know there's several water detention facilities on the 00:39:18.594 --> 00:39:28.994 - project. And if there is not an HOA in place to maintain those, how and if the properties are eventually 00:39:28.994 --> 00:39:39.097 - going to be sold off, how will that be funded and how will maintenance of the detention facilities be 00:39:39.097 --> 00:39:46.526 - accomplished? I believe there is an HOA in place, so if it got divided up, 00:39:46.690 --> 00:39:55.861 - then they'd start paying fees and to take care of the maintenance of it. Right now, I would take care 00:39:55.861 --> 00:40:05.032 - of the maintenance of it. I guess my concern is if you reach a point where there is failure of one of 00:40:05.032 --> 00:40:11.326 - the detention basins and the HOA has not been funded yet and you have 00:40:11.682 --> 00:40:22.750 - or at least not funded to the point where it would cover the costs of repairing or maintaining it, and 00:40:22.750 --> 00:40:33.711 - you have sold the properties, then it seems like there's a shortfall there. That's my concern. That's 00:40:33.711 --> 00:40:40.158 - why I asked. Mr. Thomas? Yeah, so I'm not sure I understand 00:40:40.962 --> 00:40:50.443 - The contention that the reason this roadway will remain in private hands rather than entering the county 00:40:50.443 --> 00:40:59.472 - inventory is just a personal choice versus the fact that buildings were built at a higher elevation 00:40:59.472 --> 00:41:06.334 - and the slope on the sidewalks doesn't meet ADA requirements. It just seems 00:41:08.898 --> 00:41:20.465 - It seems to me that what we're being asked to do is to okay something after the fact because the development 00:41:20.465 --> 00:41:32.350 - doesn't meet county standards. I just want to maintain it myself. I think I can do a better job maintaining it. 00:41:33.698 --> 00:41:41.202 - have to do the sidewalks and have to do the driveways on snow removal. I might as well do the main road 00:41:41.202 --> 00:41:48.778 - too. This causes a lot of problems. And it's nobody's fault, but when a plow truck pushes, then it clogs 00:41:48.778 --> 00:41:56.065 - off somebody's driveway. And so if I'm in control of all of it, then I can take care of all. But how 00:41:56.065 --> 00:42:02.270 - is it that you all didn't come back to the planning department when you were building 00:42:03.618 --> 00:42:13.744 - to say we're going to a higher elevation than our plans indicated. Was that just? What they're talking 00:42:13.744 --> 00:42:23.673 - about, to be honest, but but one was put higher or not. It was an old quarry and there is solid rock 00:42:23.673 --> 00:42:33.406 - there, so there's probably places. Solid rock. Can someone from staff address the elevation issue? 00:42:37.154 --> 00:42:45.262 - Sure. So typically when we ask for as built, it's at the time of acceptance into the inventory because 00:42:45.262 --> 00:42:53.371 - they've never prompted the actual request. We've just gone out and done our inspections as we normally 00:42:53.371 --> 00:43:01.558 - do. So when we first received this application was in 2023, it was withdrawn. We don't understand quite 00:43:01.558 --> 00:43:03.998 - why. And now it's reactivated. 00:43:04.130 --> 00:43:11.857 - But under the 2023 petition, we did go out and see all the deficiencies. And of course, during the land 00:43:11.857 --> 00:43:20.030 - use certificate process, we identified that none of the sidewalks met ADA. At that time, we had a performance 00:43:20.030 --> 00:43:27.534 - guarantee for the sidewalks. We've notified the petitioner that those would be needing to be removed 00:43:27.534 --> 00:43:28.574 - and replaced. 00:43:29.890 --> 00:43:41.249 - and they should be aware of the deficiencies and the differences from that standpoint. Thank you. I 00:43:41.249 --> 00:43:52.835 - have a serious problem with noncompliance. I see a lot of noncompliance in what's been going on since 00:43:52.835 --> 00:43:58.174 - 2018. I went out there and drove your property 00:44:03.042 --> 00:44:10.849 - driveways and a slope of those driveways, I do not know how a mother with children could pull into that 00:44:10.849 --> 00:44:18.656 - driveway and open those doors and let those kids out, or an elderly person. This doesn't make any sense 00:44:18.656 --> 00:44:26.238 - to me based upon what I saw. The slope is bad. Elevation's another issue. When I drove through this, 00:44:26.238 --> 00:44:32.318 - and this is right after the snow removal or attempted snow removal of the areas, 00:44:34.274 --> 00:44:41.750 - Those cars were parked so close together on the left and the right-hand side of the road and the ones 00:44:41.750 --> 00:44:49.300 - who are diagonal. I don't know how, even if it wasn't a county inventory, I do not know how they would 00:44:49.300 --> 00:44:56.996 - get a plow through there to plow that street. Now, I may have heard you wrong, but maybe you can provide 00:44:56.996 --> 00:44:58.462 - some clarification. 00:45:00.866 --> 00:45:09.549 - If you take, if this happens and it goes private and you're now responsible for it, does that include 00:45:09.549 --> 00:45:18.147 - in repairing and improving the driveways, the sidewalks, the mailboxes, the parking stripes, all the 00:45:18.147 --> 00:45:27.256 - things have been brought up here? Is that something you plan on doing? All right, I see this as a systemic 00:45:27.256 --> 00:45:29.214 - issue with compliance. 00:45:30.018 --> 00:45:41.054 - And it's been known. It has not been corrected. It's been addressed by staff. I'm going to have a hard 00:45:41.054 --> 00:45:52.196 - time supporting this. Anything else you'd like to add? Or your petitioner's representative? Do you have 00:45:52.196 --> 00:45:57.982 - an update on wickets being accepted to the inventory? 00:46:00.738 --> 00:46:07.844 - Like I mentioned, we've given the Planning and the Highway Department some as-bills on Wiccans to try 00:46:07.844 --> 00:46:14.810 - to get to that point to allow for Wiccans to be accepted into the inventory. Again, that would come 00:46:14.810 --> 00:46:22.404 - up with any deficiencies that might be on Wiccans. I know we've been talking a little bit about deficiencies 00:46:22.404 --> 00:46:29.022 - on Rangeview, so we've been doing as-bill information on that to try to progress towards that. 00:46:29.186 --> 00:46:38.009 - I believe at that time, if there's anything found between us and the highway department, that would 00:46:38.009 --> 00:46:46.920 - create a separate list, if anything. I'm not aware of anything from the as built on that. What about 00:46:46.920 --> 00:46:55.743 - the mailboxes? Move the mailboxes, but that was where the post office told us to put the mailboxes. 00:46:55.743 --> 00:46:58.302 - So you're willing, amenable. 00:47:05.570 --> 00:47:14.218 - Again, to reiterate, if there was the four conditions that were listed for the positive recommendation 00:47:14.218 --> 00:47:23.371 - from staff, I don't believe that any of those are an issue for us to comply with as a condition of approval. 00:47:23.371 --> 00:47:31.851 - We hear concerns coming from you, and those would be concerns either way, and private or public, and 00:47:31.851 --> 00:47:34.622 - that we're asking for this to be 00:47:34.754 --> 00:47:44.662 - turn, not necessarily that those deficiencies would be fixed necessarily either way. We see it as a 00:47:44.662 --> 00:47:54.570 - separate issue and needs to be addressed one way or another in some fashion, and we understand your 00:47:54.570 --> 00:48:01.406 - concern. Right, anything else? Okay, now we turn to public comments. 00:48:02.626 --> 00:48:10.032 - And you have anybody online or anybody in the audience would like to come up and make a comment? You 00:48:10.032 --> 00:48:17.438 - have three minutes. I don't see anybody online and I don't see anybody coming up to the podium. That 00:48:17.438 --> 00:48:24.917 - brings up negative comments. Is there anybody online or in the audience who would like to come up and 00:48:24.917 --> 00:48:32.030 - provide negative comments? Just pause for a second. Councilperson Henry has entered the chamber. 00:48:37.378 --> 00:48:48.353 - It looks like we don't have any negative comments. That brings it back to the plan commission on whether 00:48:48.353 --> 00:48:59.013 - we want to entertain a motion. Oh, I'm sorry, Commissioner Thomas. It's okay. I was just wondering if 00:48:59.013 --> 00:49:07.166 - I could put Lisa Ridge on the spot and ask her to offer her thoughts on this. 00:49:11.746 --> 00:49:19.267 - Thank you for being here. Please sign in and state your name. Lisa Ridge, Highway Director. The only 00:49:19.267 --> 00:49:27.085 - thing I could probably add about the Wiccan Street, I do believe they met with the developer on December 00:49:27.085 --> 00:49:34.531 - 15th, 2025. The deficiencies that we recognized were noted, and then the acceptance came through to 00:49:34.531 --> 00:49:36.318 - try and get it accepted 00:49:36.610 --> 00:49:45.086 - with none of those deficiencies addressed. I know moving the mailboxes, non-permitted driveways, I believe 00:49:45.086 --> 00:49:53.323 - there's a sidewalk that goes outside of the right-of-way because it was built behind an electrical box. 00:49:53.323 --> 00:50:01.324 - So some of those things have never been addressed. So that's just what I know off the top of my head 00:50:01.324 --> 00:50:05.918 - at the moment. As far as the other piece, it's a problem. 00:50:06.530 --> 00:50:14.128 - It wasn't built to the way it was presented to be built when it was approved. And would the county highway 00:50:14.128 --> 00:50:21.230 - want it at this point? No. It's not good for our plow trucks. It wasn't built. The slopes, we can't 00:50:21.230 --> 00:50:28.473 - go in and afford to fix those issues. So I think it should have been built the way it was intended to 00:50:28.473 --> 00:50:32.734 - be built. Questions for Ms. Ridgeway, she's up there, left. 00:50:36.578 --> 00:50:45.059 - point where we. Because I was here. I think when this project was first approved and I I stated at the 00:50:45.059 --> 00:50:53.376 - time and we worked hard at the time to prevent the establishment of homeowners Association and their 00:50:53.376 --> 00:51:01.692 - responsibility to maintain the infrastructure and I we've been through a difficult winter with a lot 00:51:01.692 --> 00:51:04.574 - of heavy snow and we have a lot of 00:51:04.706 --> 00:51:13.229 - private roads where the individuals are responsible for the snow removal and it created quite a burden 00:51:13.229 --> 00:51:21.669 - on the homeowners. We also have had storm water failure where homeowners associations are responsible 00:51:21.669 --> 00:51:28.702 - for maintenance of complex drainage systems. So for this to not be accepted into the 00:51:29.602 --> 00:51:37.688 - public inventory and into the highway inventory is a problem for me because if I recall correctly, that 00:51:37.688 --> 00:51:45.230 - was something that we worked hard to ascertain from the beginning. And the reason is for overall 00:51:45.230 --> 00:51:53.783 - affordability of people living in those neighborhoods because it's our role in part to protect the investment 00:51:53.783 --> 00:51:57.982 - of their treasure and the property that they purchase 00:51:58.370 --> 00:52:06.994 - whoever is purchasing it. So I am saddened to see those steep slopes on the driveways that worries me. 00:52:06.994 --> 00:52:15.366 - I'm from a big family and I'm the oldest girl, so I imagine babies rolling down in their strollers. 00:52:15.366 --> 00:52:24.157 - I just can't stop myself from those instincts that, you know, if a mother's and her father in the garage 00:52:24.157 --> 00:52:27.422 - and turns away to get a bag out of the 00:52:27.554 --> 00:52:35.534 - out of the trunk that, you know, that some terrible things could happen and we've tried to avoid this 00:52:35.534 --> 00:52:43.904 - with our due diligence from the beginning. So I want to state that I'm disappointed. I'm just disappointed 00:52:43.904 --> 00:52:51.727 - that this has come to this and that the project hasn't been built as our county worked hard and the 00:52:51.727 --> 00:52:56.734 - plan commission worked hard to ascertain that it would be built 00:52:57.026 --> 00:53:04.291 - for on behalf of the community, which is our role. I want to state that. Yeah, I think just two weeks 00:53:04.291 --> 00:53:11.556 - ago we had an extensive conversation about snow removal on private roads. And I think we were talking 00:53:11.556 --> 00:53:18.963 - about how we get into these situations where we have roads in neighborhoods that aren't getting plowed. 00:53:18.963 --> 00:53:26.014 - And I think we've got a perfect example right in front of us tonight of how these situations form. 00:53:26.530 --> 00:53:39.905 - And so I'd be very hesitant to vote in favour of this. Yes, I'd like to comment as well. I would like 00:53:39.905 --> 00:53:53.411 - to acknowledge and agree with what you just stated, because I know there was a high profile discussion 00:53:53.411 --> 00:53:55.902 - about snow removal 00:53:56.386 --> 00:54:05.995 - private versus public. And unfortunately, I think a lot of people that thought they were getting county 00:54:05.995 --> 00:54:15.419 - services did not because, you know, they found out the hard way that they were on a private road. And 00:54:15.419 --> 00:54:23.550 - I think that is often unfair to the homebuyers because they don't know that it's always 00:54:24.610 --> 00:54:33.251 - advertised up front that way to them before they make the purchase. They go into it in good faith and 00:54:33.251 --> 00:54:42.061 - they end up buying a piece of property and find out they're not getting what they anticipated. I'm also 00:54:42.061 --> 00:54:50.957 - concerned that all these properties are currently being rented and held by one owner or holding company, 00:54:50.957 --> 00:54:54.430 - and that if they're going to be sold off 00:54:55.234 --> 00:55:04.389 - I don't know that there's any way that I could be comfortable believing that the snow removal and the 00:55:04.389 --> 00:55:13.365 - other services that are being advertised to be provided in perpetuity will actually be provided. So 00:55:13.365 --> 00:55:18.750 - I also am going to have trouble supporting this. Thank you. 00:55:27.362 --> 00:55:33.816 - Thank you, Colonel Farris. Just, and again, I understand I'm coming in halfway through this discussion, 00:55:33.816 --> 00:55:40.146 - but from what I just heard from the dais and the commentary, I just go back to the recommendations of 00:55:40.146 --> 00:55:46.352 - the staff. So is, this is a positive recommendation, right? But the commentary I'm hearing from the 00:55:46.352 --> 00:55:52.806 - desk is about things that are not one through four. So I see the right-of-way, I see the missing trees, 00:55:52.806 --> 00:55:57.150 - I see the mailbox right-of-way, I see the parking striping, but we're 00:55:57.602 --> 00:56:07.190 - a lot of commentary about the grade and snow removal. If it's already been answered, I apologize if 00:56:07.190 --> 00:56:17.737 - it's been brought up, but is there a fifth piece here that just didn't make into the positive recommendation? 00:56:17.737 --> 00:56:26.654 - Is that the redlining? Okay. Okay. All right, do we have a motion? I'd like to just say that 00:56:26.882 --> 00:56:36.225 - Waiver of final hearing is not automatic. And I think this should be, I guess, heard again at our next 00:56:36.225 --> 00:56:45.658 - month's meeting. And so my motion is no motion for P.U.O.-23-5. And hopefully Mr. Whittaker, Mr. Butler 00:56:45.658 --> 00:56:55.454 - can work with staff and see what can be done and if any of these compliance issues can be better addressed. 00:56:55.746 --> 00:57:09.248 - I don't know how my colleagues feel. Second. Was that a motion? Was that a motion? My motion is no motion. 00:57:09.248 --> 00:57:16.062 - I think that it can automatically just go to the next 00:57:16.322 --> 00:57:24.275 - Agenda item, but let me for the groups and the developer applicants Edification, let me go over some 00:57:24.275 --> 00:57:32.307 - of the things that if continued you would all hope to see them come back with So I think that there's 00:57:32.307 --> 00:57:40.497 - a request to still work with staff to do some of the voluntary Improvements at this point to West range 00:57:40.497 --> 00:57:44.670 - view circle as we had requested prior Okay, and then 00:57:44.834 --> 00:57:52.554 - We were just checking at our desk. We did not see the HOA details, so we can come back with is there 00:57:52.554 --> 00:58:00.503 - an HOA in place? Does it detail funds going into the HOA bank if these were to be sold to give you more 00:58:00.503 --> 00:58:08.146 - information? And then it sounds like we need more updates on the progress of wiccans being put into 00:58:08.146 --> 00:58:12.350 - the inventory as we had suggested that that should be. 00:58:12.738 --> 00:58:20.889 - hopefully approved and in the inventory before the county commissioners makes a vote on the private 00:58:20.889 --> 00:58:29.610 - versus public nature of range use circle. So at least part of the development would be public and accepted 00:58:29.610 --> 00:58:38.250 - at that point. Is there anything else before I call the roll? I am left. Anybody on the right? All right. 00:58:38.250 --> 00:58:41.918 - And we can lastly, I don't know how we could 00:58:42.786 --> 00:58:50.346 - We will attempt, but in the red line text, we're saying to post a new letter of credit. Honestly, we 00:58:50.346 --> 00:58:58.130 - will have to work with the petitioner's representative to come up with a number of what that could even 00:58:58.130 --> 00:59:05.689 - look like because of the elevation issues and some redesign ideas. So as of right now, the motion on 00:59:05.689 --> 00:59:12.126 - the table is not to waive the final hearing. And this would go to the March 4th, 2026 00:59:12.290 --> 00:59:26.591 - or sorry, that's the admin date. It would be March 17th, 2026, regular plan commission meeting. Margaret 00:59:26.591 --> 00:59:40.348 - Clements? Yes. Ferris? Yes. Rudy Fields? Yes. David Henry? Yes. Jeff Morris? Yes. Julie Thomas? Yes. 00:59:40.348 --> 00:59:41.982 - David Bush? 00:59:42.210 --> 00:59:49.237 - Okay, motion does carry seven to zero to bring this back to the March 17th plan commission meeting. 00:59:49.237 --> 00:59:56.265 - All right. That brings us to our third item on new business, which is P P U O 25 four, which is the 00:59:56.265 --> 01:00:03.714 - point P U D outline plan for Eagle Bay garages. And there is also a waiver or a final hearing and Daniel, 01:00:03.714 --> 01:00:05.822 - I think you're up over there. 01:00:12.962 --> 01:00:19.135 - Thank you. So the request is to amend the Eagle Bay portion of the point plan due to development to 01:00:19.135 --> 01:00:25.618 - include self-storage as a permitted use. The purpose of this is to establish a series of storage garages 01:00:25.618 --> 01:00:31.914 - on the subject property. More specifically, the petitioner is proposing to remove the existing tennis 01:00:31.914 --> 01:00:38.150 - court and basketball court on the property and replace them with a series of self-storage units that 01:00:38.150 --> 01:00:42.718 - will then be rented out by members of the Eagle Bay portion of the point. 01:00:43.170 --> 01:00:50.468 - Per the written statement of character, Exhibit 6 in the packet, there will be 36 storage units proposed, 01:00:50.468 --> 01:00:57.353 - 22 of the storage units will be 12 feet by 26 feet, and the remaining 14 units will be 8 by 8 feet. 01:00:57.353 --> 01:01:04.444 - However, self-storage is not included in the list of permitted uses for this PUD, hence this amendment 01:01:04.444 --> 01:01:11.742 - is being requested by the petitioner. The petitioner's representative requests that the use be defined as 01:01:11.906 --> 01:01:19.947 - private, non-commercial storage limited to the personal belongings of the individual unit's owner. So 01:01:19.947 --> 01:01:28.067 - for some backgrounds, the point planned unit development was originally created in 1973. The Eagle Bay 01:01:28.067 --> 01:01:36.581 - portion in particular was created in 1991, consisting largely of single-family residences and condominiums. 01:01:36.581 --> 01:01:40.286 - 1991, sorry, I think I was at 1971 by mistake. 01:01:41.474 --> 01:01:50.070 - The portion where the development that is being amended by this petition is separate from the area where 01:01:50.070 --> 01:01:58.420 - Eagle Bay condominiums have been built is further east. So the area to be amended at self-storage was 01:01:58.420 --> 01:02:07.262 - approved in 1992. However, the Eagle Bay condominiums phase two were plotted in 1988 and developed in 1998. 01:02:07.522 --> 01:02:13.944 - The single-family development north of the common area subject to this amendment was never recorded 01:02:13.944 --> 01:02:20.494 - as a development plan either. It does appear that the retracement survey and other recorded documents 01:02:20.494 --> 01:02:26.916 - reference the common area as an exemption to the overall approved area as shown as the exhibit 8 of 01:02:26.916 --> 01:02:33.337 - the packet. So to create the subdivision lots as shown in exhibit 8 would require a replatting or a 01:02:33.337 --> 01:02:34.750 - new development plan. 01:02:34.882 --> 01:02:42.014 - However, the use would still be permitted under the outline plan and the development plan. And this 01:02:42.014 --> 01:02:49.432 - is the subdivision in question. The subject property that we are hearing tonight is outlined in yellow. 01:02:49.432 --> 01:02:56.564 - And so the petitioner is requesting to amend the existing plan to unit development ordinance 232 by 01:02:56.564 --> 01:02:58.846 - adding the list of self-storage 01:02:59.746 --> 01:03:06.432 - the use of self-storage list uses. The area would serve the Eagle Bay to condominiums phase two, but 01:03:06.432 --> 01:03:13.251 - it's actually part of another area phase of the Eagle Bay that was not fully developed. But the common 01:03:13.251 --> 01:03:19.872 - area was purchased and is currently owned by the Eagle Bay Homeowners Association. The amendment as 01:03:19.872 --> 01:03:27.022 - stated before will remove the existing tennis and basketball courts on the property. The county development 01:03:27.022 --> 01:03:28.478 - ordinance has a stiff 01:03:28.770 --> 01:03:34.301 - has a definition of self-storage, but the petitioner has stated in the written character that the county 01:03:34.301 --> 01:03:39.569 - development ordinance does not have a definition for self-storage, but the petitioner has stated in 01:03:39.569 --> 01:03:44.942 - the written statement of character in exhibit six that the storage will be non-commercial and will be 01:03:44.942 --> 01:03:50.210 - limited to storing the residents' belongings. The petitioner further states that only the owners of 01:03:50.210 --> 01:03:55.689 - the Eagle Bay condos will be eligible to utilize self-storage buildings. Furthermore, the Monroe County 01:03:55.689 --> 01:03:58.270 - Drainage Board did review this plan back in May, 01:03:58.562 --> 01:04:05.334 - The presented preliminary plan included filtration and use of existing swales, but did not include any 01:04:05.334 --> 01:04:11.382 - detention because a waiver was granted. Preliminary plan was approved four to zero with one 01:04:11.382 --> 01:04:18.023 - member abstaining. A detailed plan is expected to be brought to the drainage board for a full review 01:04:18.023 --> 01:04:24.795 - upon submission of the site plan application. And here is their site plan in question, along with some 01:04:24.795 --> 01:04:28.542 - rough drawings of the proposed storage units themselves. 01:04:33.058 --> 01:04:39.683 - So there were some questions from the administrative meeting that have been presented to the petitioner, 01:04:39.683 --> 01:04:46.245 - which the petitioner has addressed. The first question is, will the garages have lighting? If yes, what 01:04:46.245 --> 01:04:52.681 - lighting standard will they meet in terms of photometric max? The petitioner responded, there will be 01:04:52.681 --> 01:04:59.306 - a light next to each garage door and they will be specified to meet CDO 815-1, which is outdoor lighting 01:04:59.306 --> 01:05:00.126 - regulations. 01:05:01.442 --> 01:05:08.299 - The second question was, will the units be sublet to owners outside of Eagle Bay Phase 2? The petitioner 01:05:08.299 --> 01:05:14.896 - responded that the units will be sold to Eagle Bay 1 owners first, and then they will be optioned to 01:05:14.896 --> 01:05:21.557 - Eagle Bay 2 owners. If there are any units remaining, they will be optioned to owners at Eagle Point. 01:05:21.557 --> 01:05:26.782 - Third question was, could they better define self-storage? Can RVs go in there? 01:05:27.586 --> 01:05:33.797 - The petitioner responded, the content of the units will be at the owner's discretion or whatever fits 01:05:33.797 --> 01:05:39.461 - inside the unit. There will be no exterior storage. Next question was, are the garages going 01:05:39.461 --> 01:05:45.672 - to be temperature controlled? The petitioner responded, the units will be temperature controlled only 01:05:45.672 --> 01:05:49.630 - at the owner's discretion. Each unit will be metered separately. 01:05:51.586 --> 01:05:58.844 - A question after that was, there was a concern of a zero-foot setback by Commissioner Thomas on the 01:05:58.844 --> 01:06:06.464 - east side. We know that the current impervious goes to the east lot line, but we noted to the petitioner 01:06:06.464 --> 01:06:13.214 - that it would be best to be prepared to answer that. The petitioner acknowledged this point. 01:06:14.594 --> 01:06:20.898 - The next was more of a staff question. The rezone is for the entirety of that parcel, but the garages 01:06:20.898 --> 01:06:27.572 - will only go on the concrete pad. There may be a movement to see if only the concrete pad could be eligible 01:06:27.572 --> 01:06:33.814 - for the garage or self-storage use. The petitioner once again acknowledged this point. And the final 01:06:33.814 --> 01:06:39.994 - question was, the outline plan switches terminology between garage and self-storage. Could there be 01:06:39.994 --> 01:06:42.590 - more consistency for the sake of clarity? 01:06:42.754 --> 01:06:49.848 - And the petitioner responded that yes, they will consider the uses to be self-storage. And once again, 01:06:49.848 --> 01:06:57.218 - the petitioner defined self-storage via email as privates, non-commercial storage, limited to the personal 01:06:57.218 --> 01:07:04.381 - belongings of individual unit owners. And I do have copies of that email to hand out to the commission. 01:07:04.381 --> 01:07:09.822 - All right, are there any comments from the planning commission? Go on my left. 01:07:11.170 --> 01:07:17.961 - Sorry, may I make the staff recommendation first? Sorry. I thought you was done, you paused. I didn't 01:07:17.961 --> 01:07:24.952 - see your slide, sorry. Staff recommends forwarding a positive recommendation to the County Commissioners 01:07:24.952 --> 01:07:31.677 - for the planned units outline plan amendment request subject to the Monroe County Highway Department 01:07:31.677 --> 01:07:36.670 - and stormwater program manager reports with the following conditions. One, 01:07:36.770 --> 01:07:45.018 - The petitioner update the written statement of character with the definition of self-storage, and two, 01:07:45.018 --> 01:07:53.666 - specify that development will comply with Chapter 815 lighting regulations as well in the written statement 01:07:53.666 --> 01:08:01.994 - of character. And I will take any questions. Now comments from the Planning Commission on my left. Yes, 01:08:01.994 --> 01:08:06.078 - go ahead. Separate electric meters for every shed. 01:08:07.714 --> 01:08:18.562 - Yes, each unit will be metered separately per the petitioner's email. Okay, so you mentioned the site 01:08:18.562 --> 01:08:31.006 - plan hasn't gone to Drainage Board yet. A preliminary version has gone to Drainage Board is my understanding and was 01:08:31.330 --> 01:08:40.660 - approved and given a waiver. However, I think that once the full development plan is created and really 01:08:40.660 --> 01:08:50.079 - made in depth, then the Drainage Board will take another look to for final approval. That would be good. 01:08:50.079 --> 01:08:54.206 - And I would ask next, just for clarification, 01:08:54.530 --> 01:09:02.913 - What happens if this gets a positive recommendation, the P.U.O. changes, the full plan goes to the drainage 01:09:02.913 --> 01:09:10.754 - board and the drainage board says no? I'm uncertain. That might be a better question for stormwater. 01:09:10.754 --> 01:09:18.516 - But I do believe that it would hold up this plan. Or at the very least, it would cause some change, 01:09:18.516 --> 01:09:21.854 - alterations to plan to be made. Thank you. 01:09:26.914 --> 01:09:34.752 - So it says non-commercial use of the storage facilities. Is there any limitation as to what can be stored 01:09:34.752 --> 01:09:42.220 - in there in terms of, you know, caustic materials or hazardous materials, things like that? I assume 01:09:42.220 --> 01:09:50.057 - it would go along with the HOA, you know, allowances and whatnot, or is that a separate issue altogether? 01:09:50.057 --> 01:09:56.638 - So when they're proposing the building for a building permit, they will have to disclose 01:09:56.802 --> 01:10:03.495 - the basically the type of storage that they will have in there and that will determine, you know, fire 01:10:03.495 --> 01:10:10.382 - protection standards. Also, I know our stormwater division when there are developments or garages located 01:10:10.382 --> 01:10:17.010 - near sinkholes or near lakes, they can ask for certain things such as like double containers for like 01:10:17.010 --> 01:10:23.573 - paints and things like that so that if there is a spill unattended, it at least doesn't leak out and 01:10:23.573 --> 01:10:26.302 - go immediately into the nearby watershed. 01:10:27.426 --> 01:10:35.035 - And is the ongoing monitoring of that, is that incumbent upon the HOA itself then? It would be, well, 01:10:35.035 --> 01:10:42.718 - I mean, if it's part of the outline plan and we saw a violation, we could do it as part of enforcement 01:10:42.718 --> 01:10:50.177 - if there's an actual violation. But in terms of regular communication and making sure people follow 01:10:50.177 --> 01:10:53.534 - the rules, that would be on the HOA. Thanks. 01:10:56.770 --> 01:11:04.883 - So I just have one question and it's kind of a follow up to Mr. Field's question about there being separate 01:11:04.883 --> 01:11:12.469 - meters on the garages. And it's for my own edification. I know that the city uses these individually 01:11:12.469 --> 01:11:20.056 - powered, solar powered lithium, I don't know, meters. Do we require those in the county or do we use 01:11:20.056 --> 01:11:26.366 - those in the county? Because I've heard reports the fire concerns related to those. 01:11:27.970 --> 01:11:36.627 - As far as a lighting, we're just regulating if they're putting in lighting that it meets dark sky compliance. 01:11:36.627 --> 01:11:44.811 - Is that your question? Oh, it has to do with the meters. Oh, with the meters. Yeah. How are the meters? 01:11:44.811 --> 01:11:52.681 - Is there automatic self-reporting? Are they powered to some kind of solar battery that then reports 01:11:52.681 --> 01:11:56.222 - to a utility, for example? Or do we have the 01:11:56.322 --> 01:12:03.045 - normal old fashioned kind in the county, you know, where a reader come out and checks it. I think that 01:12:03.045 --> 01:12:09.702 - that depends on the utility company, but I'm not sure that there's anything in the building code that 01:12:09.702 --> 01:12:16.882 - requires smart metering. Yeah, that's the word I was looking for smart metering because on garage facilities, 01:12:16.882 --> 01:12:23.865 - I think the smart metering could be more problematic than, um, you know, especially in a kind of sensitive 01:12:23.865 --> 01:12:25.758 - zone with a lot of trees and 01:12:26.722 --> 01:12:38.954 - you know, the fourth. That was my question. Thank you. All right, let's go ahead and with the petitioner, 01:12:38.954 --> 01:12:50.608 - petitioner's representative, 15 minutes. Please sign in and state your name. My name is Bill Rigger. 01:12:50.608 --> 01:12:54.878 - I'm with Wetzel Rigger Cooper James. 01:12:55.266 --> 01:13:07.183 - And with me tonight is Skip Pelton. Skip Pelton is a resident of Eagle Bay 1, and he also serves on 01:13:07.183 --> 01:13:19.338 - their HOA board. Essentially, I have nothing to add to Daniel's presentation, but I can try to answer 01:13:19.338 --> 01:13:23.390 - some questions that you've asked. 01:13:24.098 --> 01:13:31.395 - As far as electrical power goes, it's my understanding that Duke Energy provides power to the point. 01:13:31.395 --> 01:13:38.619 - And we would design it, and we haven't gone to design yet because we wanted to get permission to do 01:13:38.619 --> 01:13:45.844 - this first. The 12 by 26 units would be metered individually with Duke Energy type meters. The 8 by 01:13:45.844 --> 01:13:53.502 - 8 units would be metered in two clumps of seven. So you'd end up metering the smaller units collectively. 01:13:53.666 --> 01:14:01.407 - Smart meters? No, the standard Duke or RMC type meters you'd have at home. Right, so you're welcome. 01:14:01.407 --> 01:14:09.301 - And then as far as stormwater goes, I was the member that couldn't vote. But anyways, we would go back 01:14:09.301 --> 01:14:17.042 - to the drainage board, and they wanted to come back to see what we were going to propose once we had 01:14:17.042 --> 01:14:20.414 - the topographic information to design with. 01:14:20.546 --> 01:14:27.275 - And due to the proximity of the lake, we felt no detention was required because it goes into the storm 01:14:27.275 --> 01:14:34.069 - system and is right into the lake and regulated by the Corps of Engineers. However, stormwater quality, 01:14:34.069 --> 01:14:40.994 - we had proposed to do some rain garden-type treatment in the ditch line in front and then bring it around 01:14:40.994 --> 01:14:47.070 - the side of the building or through the rest of the drainage way that heads toward the east. 01:14:48.354 --> 01:14:57.834 - collection system through the boulevard and onto the lake. Let's see what other questions there may 01:14:57.834 --> 01:15:07.504 - have been. But I'm here to answer any questions. And then Skip can help me with any of the ideas that 01:15:07.504 --> 01:15:16.510 - the homeowners association has for this structure. So let's go ahead and go to public comment. 01:15:18.370 --> 01:15:26.433 - In the room or online? Go ahead and sign in. Virtual hand if you're online. And state your name if you 01:15:26.433 --> 01:15:34.573 - would please. You have three minutes. My name is Kevin Ault. I am a resident of Eagle Bay 1, where this 01:15:34.573 --> 01:15:43.105 - proposed development is being sought. I think a couple of things should be brought to the board's attention. 01:15:43.105 --> 01:15:48.350 - First, the area to where they want to convert the basketball court 01:15:48.578 --> 01:15:56.408 - and a tennis court into self storage is right next to a pool, to the community pool. Significant numbers 01:15:56.408 --> 01:16:04.090 - of people and children are at this pool during the summer. There's also a shared driveway with another 01:16:04.090 --> 01:16:11.771 - building that is right next to the pool. That is not owned by Eagle Bay One. It's a private individual 01:16:11.771 --> 01:16:17.886 - that typically often rents it out for Airbnb. So the traffic in this area already 01:16:18.178 --> 01:16:25.777 - Many times, it's hard to park during the summer. So I don't know, and I've not seen anything anywhere 01:16:25.777 --> 01:16:33.301 - where the effect of the increased traffic by a storage unit and garages has been even thought about. 01:16:33.301 --> 01:16:41.048 - Secondly, the topography of this area, where the pool, this basketball court, and the tennis court are, 01:16:41.048 --> 01:16:47.902 - sit at the top of the hill. The condominiums for Eagle Bay 1 are at the bottom of the hill. 01:16:48.866 --> 01:16:56.065 - So I find it very difficult to believe that people in Eagle Bay 1, I know I'm not, but I don't know 01:16:56.065 --> 01:17:03.479 - about the others, are going to purchase a garage to park our cars at the top of the hill and then walk 01:17:03.479 --> 01:17:11.182 - down the hill and back up the hill. It's a task to do it in the summer. In the winter, next to impossible. 01:17:11.182 --> 01:17:12.190 - So that fact, 01:17:13.506 --> 01:17:21.433 - that these are going to be garages for people to park their cars, their first car. If it's a secondary 01:17:21.433 --> 01:17:28.590 - car, then it's not that impetuous, it's not that imperative that you have a garage there. If 01:17:28.590 --> 01:17:36.593 - it's self-storage, then what alternatives are available for self-storage? Well, Eagle Bay, one, is part 01:17:36.593 --> 01:17:42.750 - of what's called the point, the PSA. The PSA owns the golf courts, they own the 01:17:43.202 --> 01:17:51.927 - the clubhouse and things like that. They also own 5.4 acres across Point Road that is currently being 01:17:51.927 --> 01:18:00.909 - used for boat storage. They have two buildings there. If this, as they have alluded to, first is offered 01:18:00.909 --> 01:18:09.891 - for Eagle Bay 1 residents, offered for Eagle Bay 2, and then anyone in the Point. So conceivably, anyone 01:18:09.891 --> 01:18:12.286 - in the Point could purchase 01:18:12.674 --> 01:18:20.540 - these units. A better use, a more effective use would be to look at the point, the 5.4 acres that's 01:18:20.540 --> 01:18:28.406 - currently already zoned that doesn't require traffic counts and would not require a new road or new 01:18:28.406 --> 01:18:36.272 - entrance into where the pool and the other individuals, the people who are coming and going are. So 01:18:36.272 --> 01:18:38.238 - the use of this property 01:18:38.690 --> 01:18:45.474 - Not to say it's in Indiana and tearing of a basketball court is somewhat sacrilegious, but be that as 01:18:45.474 --> 01:18:52.257 - it may. The better use for this, it's perfect for a community garden. It's fenced, it's next to where 01:18:52.257 --> 01:18:59.041 - the people live, galvanized steel tubs. Sorry to interrupt, but your three minutes are up. I'm sorry? 01:18:59.041 --> 01:19:05.758 - I can't hear you. You said, I'm sorry, but your three minutes are up. OK, thank you then. All right. 01:19:06.146 --> 01:19:14.925 - I also got this out of order. That was a negative comment, I assume. So do we have any positive comments 01:19:14.925 --> 01:19:23.704 - out there that either online or in the room? Looks like none. So I think that the petitioner can respond 01:19:23.704 --> 01:19:32.734 - now to those comments. You have five minutes. I don't see it. It disappeared again. It was Megan or Nellis. 01:19:33.730 --> 01:19:42.610 - And so I don't know. Megan, are you still going to raise your hand because you want to comment in favor 01:19:42.610 --> 01:19:51.149 - of something? I don't see any hand raised at all. All right, so five minutes from the petitioner to 01:19:51.149 --> 01:20:00.798 - respond to that negative comment. A response, I mean, you'd skip to help me here, but it's my understanding that 01:20:01.218 --> 01:20:08.349 - It's born by the interest of the homeowners association to have additional storage units for 01:20:08.349 --> 01:20:16.017 - their belongings, whatever they may be. And I wouldn't think it would add much more traffic if cars 01:20:16.017 --> 01:20:23.685 - are already down there just to come up and get their equipment or belongings. So I'm not quite sure 01:20:23.685 --> 01:20:28.286 - what the topography issue would be and in fact the traffic. 01:20:28.642 --> 01:20:36.176 - And I don't know about it turning into a community garden that would have to be up to the homeowners 01:20:36.176 --> 01:20:44.307 - Association. And then that is a private home. I guess that's rented out at times. There's a shared driveway. 01:20:44.307 --> 01:20:51.767 - The pool belongs to Eagle Bay one. So they still have access to the pool down that driveway because 01:20:51.767 --> 01:20:55.422 - they're evident. There's an easement for access. 01:20:55.842 --> 01:21:02.713 - So I don't know what the impact would be other than potentially, depending upon which way the sun goes, 01:21:02.713 --> 01:21:09.319 - casting some shadows perhaps on the pool deck. So that would be my response. I don't know, Skip, if 01:21:09.319 --> 01:21:14.142 - you have anything to add to that, but those are my thoughts in response. 01:21:18.498 --> 01:21:24.982 - and close out the public comments and come back to the planned commission. We'll go to the 01:21:24.982 --> 01:21:31.964 - right. Commissioner Thomas. I actually have a question for the representative from the homeowners 01:21:31.964 --> 01:21:39.231 - association, if you wouldn't mind coming up. I have a comment online. Why don't you go ahead and take 01:21:39.231 --> 01:21:46.428 - that. Yeah, Megan. Okay, go ahead. State your name. Good evening, members of the commission. My name 01:21:46.428 --> 01:21:47.710 - is Megan Ornelas. 01:21:48.066 --> 01:21:55.116 - and my husband and I own a unit in Eagle Bay 2, and I'm here to speak to our concerns regarding this 01:21:55.116 --> 01:22:02.236 - proposal. An easement agreement exists between Eagle Bay 1 and Eagle Bay 2. The proposed construction 01:22:02.236 --> 01:22:09.495 - would take place on property covered in this easement agreement. The easement agreement obligates Eagle 01:22:09.495 --> 01:22:15.358 - Bay 2 to pay a share of operating and maintenance costs for this recreational area. 01:22:16.482 --> 01:22:24.211 - Costs include electricity, repairs and maintenance, taxes and assessments, insurance, and other expenses 01:22:24.211 --> 01:22:31.719 - related to the shared property. In exchange for our share of the cost, Eagle Bay 2 is entitled to the 01:22:31.719 --> 01:22:38.270 - use of the easement and recreational area. Eagle Bay 2 has not seen any proposed changes 01:22:38.690 --> 01:22:45.471 - to the current easement agreement. This needs to be completed prior to the project moving forward to 01:22:45.471 --> 01:22:52.453 - clarify financial responsibility and the use of the proposed recreational area. As it stands now, Eagle 01:22:52.453 --> 01:22:59.704 - Bay 2 could be asked to pay operation and maintenance costs of this project but have no access or enjoyment 01:22:59.704 --> 01:23:03.934 - of the use of it, the garages and the units being constructed. 01:23:04.866 --> 01:23:11.370 - In addition, we could be asked to pay for unintended damages caused to this recreational area during 01:23:11.370 --> 01:23:18.003 - construction. Finally, the deeds for Eagle Bay 2 residents show a percentage ownership in the property 01:23:18.003 --> 01:23:24.894 - being discussed. So I believe a real estate attorney needs to weigh in on who actually owns this property. 01:23:25.666 --> 01:23:32.595 - Given these concerns, residents of Eagle Bay 2 cannot support this project until the agreement is modified 01:23:32.595 --> 01:23:39.201 - to ensure we are not financially supporting any costs. We would also like to have clear guidance from 01:23:39.201 --> 01:23:45.806 - a real estate attorney as to the ownership of the property. The documents I've mentioned tonight, our 01:23:45.806 --> 01:23:49.886 - HOA president is able to provide to the commission. Thank you. 01:23:52.226 --> 01:23:58.535 - All right, so it looks like we need to have the petitioner respond to that one as well. And either skip. 01:23:58.535 --> 01:24:04.543 - Is there anyone else? I saw a hand raised in the audience. Do we want to make sure there's no other 01:24:04.543 --> 01:24:10.672 - comments in the audience before the final rebuttal? Are there any other comments out in the audience? 01:24:10.672 --> 01:24:16.801 - We're going back and forth, back and forth evidently, so. All right, so skip or Bill, can you respond 01:24:16.801 --> 01:24:17.822 - to that, please? 01:24:19.970 --> 01:24:31.711 - I'd like to defer to Skip on that one, because I haven't researched these easements or deeds. These 01:24:31.711 --> 01:24:43.569 - are records, so. Yeah. Members, my name is Skip Helton. I'm on the board of ECO Bay one. Some of the 01:24:43.569 --> 01:24:46.622 - questions that were asked 01:24:46.722 --> 01:24:54.867 - It is my understanding, and Bill has, you guys have in front of you, the ownership of Eagle Bay 1, the 01:24:54.867 --> 01:25:03.249 - property lines of Eagle Bay 1. It is my understanding that all of that property that is shown is belonged 01:25:03.249 --> 01:25:10.366 - to by Eagle Bay 1. Eagle Bay 2 pays us for the use of our pool. They pay us a percentage. 01:25:10.786 --> 01:25:19.469 - maintenance fees on our pool and for maintenance fees on the basketball court and tennis courts. We 01:25:19.469 --> 01:25:28.587 - will when this if this project is built, we will. The project will have its own HOA just for the garages 01:25:28.587 --> 01:25:37.443 - itself, so it will not come into come into. Contact with the existing HOA of Eagle Bay 1 or Eagle Bay 01:25:37.443 --> 01:25:40.222 - 2. It'll be its own HOA itself. 01:25:43.682 --> 01:25:52.709 - Is that all the questions or is there something else? Yeah, OK, so. Just for clarity, the homeowners 01:25:52.709 --> 01:26:01.736 - Association that you belong to is only Eagle Bay one. Yes ma'am. Is so there's a separate homeowners 01:26:01.736 --> 01:26:10.762 - Association for Eagle Bay 2 and a separate homeowners Association for the point the Eagle Bay. Point 01:26:10.762 --> 01:26:13.086 - the point right? Yes, OK. 01:26:13.410 --> 01:26:20.486 - So the point is like the whole thing, and then we're little subdivisions put inside of the point. Right. 01:26:20.486 --> 01:26:27.562 - Eagle point. That was the third section. Correct. That's it. OK, thank you. Yeah, because I always refer 01:26:27.562 --> 01:26:34.503 - to this as the point. Correct. We're little subdivisions in the point. Right. So I'm concerned because 01:26:34.503 --> 01:26:41.310 - of what was expressed about this being in an easement that's supposed to be a shared easement, which 01:26:41.474 --> 01:26:50.241 - is not how you depict it, but it's how this commenter depicted it. And I'm concerned about that because 01:26:50.241 --> 01:26:59.514 - we don't want to get in the middle of anything you all are doing. So I would like to propose to my colleagues 01:26:59.514 --> 01:27:08.702 - here on this commission that we bring this back in March. But I would like some clarity on that question of, 01:27:09.506 --> 01:27:16.040 - who can actually make decisions about this property, whether it's as what you say versus there's some 01:27:16.040 --> 01:27:22.447 - sort of easement. You have the legal paperwork in front of you that shows what's owned by Eagle Bay 01:27:22.447 --> 01:27:29.429 - One though. That is all owned by Eagle Bay One, even the pool. But what is this easement that was mentioned? 01:27:29.429 --> 01:27:35.900 - The easement that they're talking about is a driveway that goes back to this, see where the house is 01:27:35.900 --> 01:27:38.142 - separated out separately in there? 01:27:38.306 --> 01:27:45.203 - The bigger unit, you see the orange, to the right of the orange, there's a separate parcel there, okay? 01:27:45.203 --> 01:27:51.967 - There's a, I'm gonna call it a huge duplex that they lease out. It's owned by a separate owner, okay? 01:27:51.967 --> 01:27:58.598 - There's a driveway that goes back there that is a shared easement for them to park at and for us to 01:27:58.598 --> 01:28:05.296 - park at for our pool. But get this straight, the entrance to this storage unit project is not coming 01:28:05.296 --> 01:28:06.622 - down that easement. 01:28:06.946 --> 01:28:14.897 - It is off of point and sell drive. It's not even going anybody that goes into the garage units will 01:28:14.897 --> 01:28:23.008 - not be going down that driveway. OK, but it's not a separate really. Yeah, it still isn't clear to me 01:28:23.008 --> 01:28:31.437 - based on what the public commenter offered. Because I don't know how they would be responsible for paying 01:28:31.437 --> 01:28:36.446 - maintenance on a shared drive. OK, they use they use Eagle Bay 01:28:37.154 --> 01:28:45.988 - uses our pool, okay? Eagle Bay is one pool, okay? So there's a driveway to get to that pool. So we split 01:28:45.988 --> 01:28:54.654 - the maintenance fees up. I can't remember the percentages. Let's say Eagle Bay one, just for instance, 01:28:54.654 --> 01:29:03.068 - pays 60% into a pool every quarter, and Eagle Bay two pays 40% into a pool every quarter. It stores 01:29:03.068 --> 01:29:06.686 - up money for maintenance for the pool area 01:29:06.818 --> 01:29:14.210 - and for the basketball and tennis court area. Okay, so that might be why there's a sense of shared ownership 01:29:14.210 --> 01:29:21.060 - or at least shared decision-making power in this property because it does include not just the pool, 01:29:21.060 --> 01:29:27.977 - but the tennis court and basketball court. But not on ownership though. Right, it's a shared easement 01:29:27.977 --> 01:29:35.166 - with some sort of a financial obligation relating to maintenance. Correct, and if these garages are done, 01:29:35.874 --> 01:29:42.447 - It's going to have its own HOA, so it will it will. It will reduce yeah. Um, Eagle Bay's two twos payout 01:29:42.447 --> 01:29:48.707 - and Eagle Bay ones payout. It'll take that section off, right? There'll be no more money put in for 01:29:48.707 --> 01:29:55.468 - the tennis court or basketball court, right? The people that will own the garages and in storage facilities 01:29:55.468 --> 01:30:00.414 - now will have their own HOA that they will pay into. OK, one of the questions. 01:30:00.706 --> 01:30:07.151 - that was posed, and I don't know if I posed or someone else did, but it's a good question. So someone 01:30:07.151 --> 01:30:13.786 - else probably posed it at the admin meeting was, will the units be sublet? And what we got for an answer 01:30:13.786 --> 01:30:20.358 - was the order of preference for who gets access. It was brought up at the beginning, and this gentleman 01:30:20.358 --> 01:30:26.929 - brought it up over here. Our first thought was we were going to sell and lease out, and we have decided 01:30:26.929 --> 01:30:28.446 - we are not leasing out. 01:30:28.930 --> 01:30:35.421 - They will be when they're brought up for sale, they will be sold first of all to Eagle Bay one owners. 01:30:35.421 --> 01:30:41.850 - Any remaining ones will be sold to Eagle Bay two owners. Any remaining ones from that will be sold to 01:30:41.850 --> 01:30:48.467 - anybody in the point. OK, so that doesn't answer the question of sublet, because if I purchase a storage 01:30:48.467 --> 01:30:54.959 - area, you can you can do what you want. That's the concern. Yes, right. Well, and we will have our HOA 01:30:54.959 --> 01:30:58.110 - will make up rules. We'll have our own HOA rules. 01:30:58.242 --> 01:31:06.236 - when those are made up for that HOA, that's taken out of there. No sublet in. Okay. And I think that 01:31:06.236 --> 01:31:14.310 - fits into one of my other concerns, which is what are the rules for what you can store there? If this 01:31:14.310 --> 01:31:22.304 - were somewhere else, I would be so much less concerned, but it is at the top of the hill that drains 01:31:22.304 --> 01:31:26.974 - into the lake. And we have to be so careful. I'm concerned 01:31:27.202 --> 01:31:35.487 - not just about noxious combustible materials. I'm concerned about storing a couple of jet skis that 01:31:35.487 --> 01:31:43.938 - leak. And where does that going to go? And so my concerns are first regarding the easement issue. And 01:31:43.938 --> 01:31:52.305 - I would just, it would be great to have some clarity on that. The second relates to subletting. What 01:31:52.305 --> 01:31:56.862 - are the rules? And the third relates also to the rules 01:31:57.026 --> 01:32:07.129 - What can you actually store in there? Because this is a compact area where we could ostensibly have 01:32:07.129 --> 01:32:17.738 - gasoline, oil, coolant, all kinds of things that end up in the lake because it's aggregated in one spot. 01:32:17.738 --> 01:32:25.214 - And again, if this weren't at the lake, it probably wouldn't matter much. 01:32:25.346 --> 01:32:33.247 - Although we do need to still talk about our rules regarding RV storage and motorcycle storage and auto 01:32:33.247 --> 01:32:41.071 - storage. But it's just the proximity to the lake that's concerning. Anything in the point is they all 01:32:41.071 --> 01:32:49.278 - drain into the lake. Oh, absolutely. Oh, we're well aware. We're well aware. So I think I would personally 01:32:49.410 --> 01:32:56.897 - rather see some of the rules and guidelines and subletting and all of that. And I would like to see 01:32:56.897 --> 01:33:03.861 - some clarification on the easement before I'm comfortable on voting on this particular item. 01:33:03.861 --> 01:33:11.498 - That's me. My colleagues may differ. Thank you. I appreciate your information. All righty. Do we have 01:33:11.498 --> 01:33:14.942 - any other comments? Yes. Mr. Bush. Mr. Chair. 01:33:16.802 --> 01:33:24.670 - unfamiliar with the residences at the point. The only place I've been allowed on is at the golf course, 01:33:24.670 --> 01:33:32.461 - so I've not driven through, so okay. I thought you weren't allowed there anymore. Ever since that last 01:33:32.461 --> 01:33:40.480 - time I hit the guy. No, seriously, Mr. Bishop brought up a really good point, I believe, regarding things 01:33:40.480 --> 01:33:44.414 - that are being stored. Is there any, will you have, 01:33:44.610 --> 01:33:53.445 - limits in place as to... If I were a resident and I were a painter, and I needed a place to store all 01:33:53.445 --> 01:34:02.193 - my paints and thinners and all my equipment, would that be an allowable use in this storage area, or 01:34:02.193 --> 01:34:10.941 - is that something that you would restrict? We could restrict all combustibles. No combustibles being 01:34:10.941 --> 01:34:13.886 - stored. Which is curious as to... 01:34:13.986 --> 01:34:20.773 - I could see this boat storage or just a storage or I don't know somebody's. Our storage on these areas 01:34:20.773 --> 01:34:27.494 - are very limited. I mean, we have closets that we have. We can't put anything in, you know, it's with 01:34:27.494 --> 01:34:34.148 - no garage space. I mean, I'm going to retire one day and I would like to move down to the lake. This 01:34:34.148 --> 01:34:40.738 - is not my permanent residence, but I like to move down there. But I'm a, I've been a contractor for 01:34:40.738 --> 01:34:42.846 - 40 some years. I need my tools. 01:34:43.138 --> 01:34:52.615 - You know, I just just sure that's why I'm thinking of this project. Well, that question being answered, 01:34:52.615 --> 01:35:01.819 - I think I would also like to see maybe a little more clarity as to what the intended uses are versus 01:35:01.819 --> 01:35:10.750 - what you would restrict. OK, thank you. Alright, to properly close out all of the public comment. 01:35:12.002 --> 01:35:19.254 - I'd like to make sure that we have addressed all those folks who are in. We have somebody in the back. 01:35:19.254 --> 01:35:26.576 - If I assume you're in favor, you're against. OK, well, you have three minutes. Please sign in and state 01:35:26.576 --> 01:35:33.898 - your name. Yeah, I'm Pam Rogers, the president of Eagle Bay to. I want to pass out. This is mainly what 01:35:33.898 --> 01:35:39.038 - I'm up here for. I'm going to pass out a copy of the easement agreement. 01:35:39.330 --> 01:35:49.558 - between our villages. It's dated in 1996. It's really old. We weren't even built yet, but it does explain 01:35:49.558 --> 01:35:59.594 - expansion of the area and our privilege to use the pool in the tennis court areas. Make sure staff gets 01:35:59.594 --> 01:36:03.550 - one of these so that it can be included. 01:36:05.858 --> 01:36:14.524 - I also wanna mention today, I spent a little time in the deed office and the accessor's office. I pulled 01:36:14.524 --> 01:36:22.942 - my deed, my personal deed, and it actually shows that I have some type of ownership to this parcel of 01:36:22.942 --> 01:36:31.360 - property. They couldn't really explain it, but every homeowner for Eagle Bay 2 is tied to this parcel 01:36:31.360 --> 01:36:35.486 - of property. That's really. Thank you. Thank you. 01:36:36.290 --> 01:36:43.468 - I guess we need to give you five minutes to rebut if you'd like. So either you or Bill or Skip, if you'd 01:36:43.468 --> 01:36:50.440 - like to respond. I think I understand that there's a couple of questions here and I think that I will 01:36:50.440 --> 01:36:57.344 - let's take it under advisement. We will go ahead and take a look at these couple of items that we're 01:36:57.344 --> 01:37:04.180 - talking about concerning ownership and what could be stored in here. I think those are the two main 01:37:04.180 --> 01:37:05.342 - things, correct? 01:37:07.362 --> 01:37:18.603 - Ownership of the existing property and then what can and cannot be stored in these storage facilities. 01:37:18.603 --> 01:37:29.626 - Letting OK. Which is part of the rules. Yes, thank you. OK. The other you have anything else to add. 01:37:29.626 --> 01:37:34.974 - We're done unless you got something else to add. 01:37:35.490 --> 01:37:41.725 - OK, is there any other public public comment for against or otherwise? Alright, let's close out the 01:37:41.725 --> 01:37:48.146 - public comment now and now let's go to the Planning Commission for their comments. Anybody on my left? 01:37:48.146 --> 01:37:54.443 - Yes, Sir. Well, you know one of. Mr. Rigerts points about discharge. You know, yeah, we're gonna get 01:37:54.443 --> 01:38:00.678 - rid of that stormwater goes right in the lake. If we have a fire out there in those storage lockers 01:38:00.678 --> 01:38:04.606 - and I don't believe there's any way that anybody is ever going 01:38:04.770 --> 01:38:11.989 - effectively regulate what people put in those storage lockers over time. You get a fire out there, and 01:38:11.989 --> 01:38:19.349 - you start dumping fluid on water on this thing, and that's going right in our water supply. That's where 01:38:19.349 --> 01:38:26.498 - Monroe County, at least, where I get my drinking water. And I don't see that this thing seems to make 01:38:26.498 --> 01:38:33.086 - a ton of sense to me in the fact that whatever is there, if there's a fire, and you've got 20 01:38:33.922 --> 01:38:42.972 - however many units of storage with electricity on board, the chances for a fire are pretty significant. 01:38:42.972 --> 01:38:51.761 - And I just think that it would be a real terrible situation for the fire department to start dumping 01:38:51.761 --> 01:39:00.550 - fluid on a fire that's running right straight in Lake Monroe. That's my point. Thank you. Anybody on 01:39:00.550 --> 01:39:03.422 - the right? Go ahead, Mr. Bishop. 01:39:03.906 --> 01:39:11.878 - What is the proximity of the proposed development to any sort of fire suppression equipment such as 01:39:11.878 --> 01:39:19.930 - a hydrant? Okay, and so if one of these other houses caught fire right next to the lake and they had 01:39:19.930 --> 01:39:27.981 - to spray it down with water and everything, all of the contents and whatnot would be washed into the 01:39:27.981 --> 01:39:32.286 - lake as well, right? So is it safe to assume that the 01:39:32.898 --> 01:39:40.213 - the same level of concern would be surrounding any of these houses burning down as would one of these 01:39:40.213 --> 01:39:47.814 - facilities, because right now, ostensibly, you're securing all of this hazardous materials in your homes. 01:39:47.814 --> 01:39:55.272 - Yes, anything around in the point, if you wash it down, it's going to end up in the lake, yes. So we're 01:39:55.272 --> 01:40:01.726 - not creating anything new, we're just moving it to where it's not in your homes directly. 01:40:01.890 --> 01:40:08.402 - Correct. Okay. As far as storage facilities go, everything around the lake is proximal to the water 01:40:08.402 --> 01:40:14.979 - itself by nature because it's on the lake and people do boating and water activities. So the current 01:40:14.979 --> 01:40:21.816 - storage facilities, are there similar concerns about environmental issues regarding the storage of boats 01:40:21.816 --> 01:40:28.393 - and whatnot? There's other garages and storage facilities in Eagle Point, okay. I've never heard any 01:40:28.393 --> 01:40:31.454 - concerns before. Nobody's brought it up to me. 01:40:31.874 --> 01:40:38.760 - It wouldn't have to be specific to your development either. It would be just in the general facility 01:40:38.760 --> 01:40:45.714 - around the lake where there are storage for boats, jet skis, and things like that. Are there outsized 01:40:45.714 --> 01:40:52.668 - environmental concerns applied to them that are also being applied to you? If I'm asking the question 01:40:52.668 --> 01:40:54.782 - correctly, not that I know of. 01:40:55.458 --> 01:41:01.557 - Okay, it seems very similar that you're wanting to store the same type of stuff that's being stored 01:41:01.557 --> 01:41:07.777 - out in the open, maybe covered by a tarp next to the lake already, and you're wanting to put it under 01:41:07.777 --> 01:41:09.790 - roof. Yes, yes. Okay, thank you. 01:41:13.218 --> 01:41:19.327 - Henry. Thank you. Mr. Bishop had a lot of what I was going to ask there. I know that this agreement 01:41:19.327 --> 01:41:25.985 - was just put before us, but I think this might be a question you can answer. So in this escrow, it mentions, 01:41:25.985 --> 01:41:32.400 - owns a swimming pool and tennis court recreational facility. You have a basketball court as well, right? 01:41:32.400 --> 01:41:38.753 - Where the tennis court is at, there's a basketball court connected with it. It's all in one big Finston 01:41:38.753 --> 01:41:39.486 - area. Yeah. 01:41:39.618 --> 01:41:44.616 - that was presented to us just moments ago. It doesn't mention a basketball court. So in the evolution 01:41:44.616 --> 01:41:49.909 - of the recreational space, was there ever a discussion between the two HOAs about the development inclusion 01:41:49.909 --> 01:41:55.005 - of modification to put a basketball court with the tennis court? Or was that from the- Basketball court 01:41:55.005 --> 01:42:00.052 - is in with the tennis court right now. Were they designed, was that a modification or were they ported 01:42:00.052 --> 01:42:05.002 - or created the same way? I've been down there for 18 years and it's been like that. That's fair. The 01:42:05.002 --> 01:42:09.118 - reason why I'm asking is if there was a modification to the property at some point, 01:42:09.314 --> 01:42:15.844 - between the signing of this agreement and where we are now. I was just trying to figure out how you 01:42:15.844 --> 01:42:22.439 - would have navigated that process before with the shared asset. I've only been there for 18 years. I 01:42:22.439 --> 01:42:29.295 - don't know what happened prior to. That's it. Thank you. All right. Anybody else on the right over here? 01:42:29.295 --> 01:42:36.216 - All right. Before we go to a motion, Jack, I think it'd be very helpful. There's a laundry list of things 01:42:36.216 --> 01:42:38.110 - we'd like to get answers to. 01:42:38.818 --> 01:42:50.977 - Can we get agreement on what that laundry list is? Yes. It sounds like number one concern is that ownership 01:42:50.977 --> 01:42:56.606 - of the area to be asked for garages to be placed. 01:42:56.770 --> 01:43:04.087 - items entered into the record regarding easements and contribution of HOA funds by Eagle Bay one and 01:43:04.087 --> 01:43:11.693 - Eagle Bay two for this area. So I think we're looking to provide a copy of this introduction of evidence 01:43:11.693 --> 01:43:17.054 - to the petitioner and their representative and have them respond and also 01:43:17.858 --> 01:43:25.602 - You know, I don't know if they want to provide us with edits to how they will amend this easement agreement 01:43:25.602 --> 01:43:33.345 - and share it with Eagle Bay counterpart to see if that's amenable to them or if that assizes their concern. 01:43:33.345 --> 01:43:40.874 - And then there was concern about what will be stored in the garages and also if the units will be sublet 01:43:40.874 --> 01:43:43.742 - upon purchase by somebody in the point. 01:43:46.466 --> 01:44:03.358 - We don't technically have to make a motion, but just for clarity, I'd like to make a no motion. 01:44:03.874 --> 01:44:12.390 - on PUO-25-4, meaning that it's going to come back to our March 17th meeting of the plan commission. 01:44:12.390 --> 01:44:20.991 - And this pertains to the point PUD outline plan for Eagle Bay garages. Does everyone agree with that 01:44:20.991 --> 01:44:29.592 - or does somebody want to make another kind of motion? Go ahead and second it. I'll second. It's been 01:44:29.592 --> 01:44:31.806 - moved and seconded to not 01:44:31.938 --> 01:44:40.844 - grant a waiver of final hearing for PUO-25-4 to give the petitioner and their representative time to 01:44:40.844 --> 01:44:50.015 - come back to the plan commission with answers to the questions mentioned by staff. A vote yes is a vote 01:44:50.015 --> 01:44:59.098 - to send this to the March 17th, 2026 plan commission. Jeff Morris? Yes. Julie Thomas? Yes. David Bush? 01:44:59.098 --> 01:45:01.214 - Yes. Margaret Clements? 01:45:01.506 --> 01:45:09.999 - Scott Ferris. Yes. Rudy Fields. Yes. David Henry. Yes. Okay. Motion carries seven to zero. All right. 01:45:09.999 --> 01:45:18.575 - Now we move to public comments for items not on the agenda. Okay. Is there anybody online or in person 01:45:18.575 --> 01:45:26.901 - here who would like to take and comment? You have up to three minutes. I don't see any hands on the 01:45:26.901 --> 01:45:30.814 - screen and I don't see anybody coming forward. 01:45:32.194 --> 01:45:39.550 - So that moves us to staff reports. And so we have planning and attorney. So Jackie. I just have one 01:45:39.550 --> 01:45:47.126 - announcement, which is the, we had discussed at our administrative meeting, the county maintained road 01:45:47.126 --> 01:45:54.555 - inventory map. We have gotten that to be published. We made some edits based on your comments, added 01:45:54.555 --> 01:46:00.734 - state roads. So we're hoping to put that on the website in an easily viewable spot. 01:46:00.834 --> 01:46:07.357 - so that if another snowstorm occurs, we can point people if offices are closed to do some individual 01:46:07.357 --> 01:46:14.202 - research and then have a bit more information about before they even purchase a property, whether they're 01:46:14.202 --> 01:46:18.142 - on a county maintained road. So that is enough. Mr. Shaleen. 01:46:19.138 --> 01:46:26.246 - Oh, and I also have one other. OK, I'm sorry. Which is we have a new planner with us, Ray Brown. He 01:46:26.246 --> 01:46:33.497 - started with us on Monday. Ray is joining from Louisville, Kentucky. So he's worked for two different 01:46:33.497 --> 01:46:40.960 - jurisdictions in southern Indiana as a planner. So we're very lucky to have somebody that already speaks 01:46:40.960 --> 01:46:46.078 - the language. And he's doing great his first week. Welcome to the game. 01:46:47.682 --> 01:47:04.862 - Okay, now Mr. Schilling. Report. Motion to adjourn. Thank you all.