WEBVTT 00:00:00.418 --> 00:00:10.221 - So I'm gonna go ahead and belatedly call this meeting to order. It is the Monroe County Plan Commission 00:00:10.221 --> 00:00:20.118 - meeting for Tuesday, the 21st of April, 2026. And if you would go ahead and do a roll call, we'd greatly 00:00:20.118 --> 00:00:28.318 - appreciate it. David Bush? Here. Margaret Clements? Here. Ronan Wright-Randolph? Here. 00:00:29.730 --> 00:00:41.329 - David Henry, Jeffrey Morris, Julie Thomas, Van D. Venter, Stephen Bishop, City of Bloomington Rep. Happy 00:00:41.329 --> 00:00:52.596 - to be here. We do have six members in person, seven people total. So that is a quorum. Okay, let's go 00:00:52.596 --> 00:00:58.782 - ahead and do the introduction of evidence if you would. 00:01:02.114 --> 00:01:08.938 - Okay, to introduce the following items into the evidence, the Monroe County Development Ordinance as 00:01:08.938 --> 00:01:15.694 - adopted and amended, the Monroe County Comprehensive Plan as adopted and amended, the Monroe County 00:01:15.694 --> 00:01:22.586 - Plan Commission Rules of Procedure as adopted and amended, and the cases that were legally advertised 00:01:22.586 --> 00:01:28.869 - and scheduled for hearing on tonight's agenda. Move approval of the evidence. Sorry. Second. 00:01:28.869 --> 00:01:31.166 - Call the roll. Margaret Clements. 00:01:32.386 --> 00:01:47.500 - Yes. On and write Randolph. Yes. Ferris. Yes. Rudy Fields. Yes. Thomas. Yes. David Bush. Yes. Passes 00:01:47.500 --> 00:01:56.478 - six to zero. Okay. Next up is the March 17th, 2026 minutes. 00:02:00.770 --> 00:02:10.552 - There's been a motion and a second to approve the March 17th, 2020. No. Perfect. All right. Motion and 00:02:10.552 --> 00:02:20.238 - a second to approve the March 17th, 2026 minutes. Call the roll. Julie Thomas? Yes. Rudy Fields? Yes. 00:02:20.238 --> 00:02:30.590 - Scott Barris? Yes. Tronan Wright-Randolph? Yes. Margaret Clements? Yes. And David Bush? Yes. Motion carries. 00:02:32.322 --> 00:02:44.693 - That takes us to administrative business. I think a quick review of the CDO prioritization update. We 00:02:44.693 --> 00:02:56.822 - need to approve the agenda. Move to approve the agenda with notes of some of the. Let me go back to 00:02:56.822 --> 00:03:01.310 - the agenda. I'll withdraw my motion. 00:03:03.074 --> 00:03:11.844 - What I should have said was is that under unfinished business, we have two items. One is P.U.O. 25.4, 00:03:11.844 --> 00:03:20.441 - which is the point P.U.D. outline plan for the garages being continued. So if you're here to listen 00:03:20.441 --> 00:03:29.469 - or present, that will not be done at this meeting. The next item is the S.A.D. 2522, which is the Prince 00:03:29.469 --> 00:03:32.478 - Administrative Subdivision Type E. 00:03:33.058 --> 00:03:40.977 - which includes access to lots and a waiver for access to lots waiver and also a waiver for a frontage 00:03:40.977 --> 00:03:49.129 - on improved streets. And that also is being continued. So if you're here to present or to watch, listen, 00:03:49.129 --> 00:03:56.892 - it has been continued to the next meeting. And those are the only two changes to the agenda. I will 00:03:56.892 --> 00:03:59.454 - now move approval of the agenda. 00:04:00.194 --> 00:04:08.220 - All right, there's been a motion in a second to approve the agenda for this evening. Call the roll. 00:04:08.220 --> 00:04:16.487 - Rudy Fields. Yes. Julie Thomas. Yes. Scott Ferris. Yes. Tronin Frank Randolph. Yes. Margaret Clements. 00:04:16.487 --> 00:04:24.995 - Yes. David Bush. Yes. Motion carries. We've already approved the minutes. So now we get to administrative 00:04:24.995 --> 00:04:28.286 - business on the CDO prioritization list. 00:04:29.954 --> 00:04:42.495 - So the ordinance review committee met last Monday and kind of thought that it would be helpful to kind 00:04:42.495 --> 00:04:54.671 - of discuss the remaining items from the CDO when it passed. There were 12 plus two more added items 00:04:54.671 --> 00:04:56.254 - to the list. 00:04:56.354 --> 00:05:03.943 - Staff kind of brainstormed and came up with a way to present this that would be a little more easier 00:05:03.943 --> 00:05:11.606 - than all the bright neon colors previously had had. So at the bottom, you have the grayed out kind of 00:05:11.606 --> 00:05:19.120 - areas that we have completed or have been struck with status to that right hand side. So those were 00:05:19.120 --> 00:05:24.830 - that's ground that we've covered and have done text amendments for and then 00:05:25.698 --> 00:05:32.646 - We have a few remaining ones at the top, such as number six, which was the original numbering. We've 00:05:32.646 --> 00:05:39.526 - given it the prioritization of one after a discussion and it is slated to be reviewed at the ORC in 00:05:39.526 --> 00:05:46.474 - June of 2026. And then the others, we just kind of, I think it was agreed that we combined eight and 00:05:46.474 --> 00:05:54.110 - nine together and those will be researched by staff with a timeline to be determined and the rest of them then 00:05:54.370 --> 00:06:02.120 - the original numbers are just listed there that we are still going to be working on and researching. 00:06:02.120 --> 00:06:10.101 - So this is just an update. Happy to take any comments or if there's a different way that you would like 00:06:10.101 --> 00:06:17.852 - to see this formatted, we're happy to kind of tweak that. Ron, I see you have a hand. Yes, there's a 00:06:17.852 --> 00:06:22.686 - couple, just one thing. I just want to make one quick comment. 00:06:23.394 --> 00:06:32.805 - We did make a vote to remove one item. That was the discussion about the 50 foot conservancy area. And 00:06:32.805 --> 00:06:42.034 - I wanted to make sure that my vote was kind of on the record here as well that I was not in favor of 00:06:42.034 --> 00:06:51.171 - removing. I didn't know. And the reason why is I think the provision in our stormwater ordinance is 00:06:51.171 --> 00:06:52.542 - sufficient and 00:06:52.674 --> 00:07:02.753 - I rather have seen us leave at 25 feet. But as discussed at the meeting, planning will bring back things 00:07:02.753 --> 00:07:12.639 - to us to address if we start seeing unintended issues or burden continues to be put on property owners 00:07:12.639 --> 00:07:21.758 - to do things on property. But I think it's pretty important and a big change in our ordinance. 00:07:22.178 --> 00:07:30.867 - I want the public to know where my position is. So thank you. Just for the record, the ORC did vote 00:07:30.867 --> 00:07:39.642 - three to one on that. It's not a change. It's keeping it as it is. All right. We made the change and 00:07:39.642 --> 00:07:48.418 - we took it off the prior organization list. So I am addressing it going from 25 to 50 and that being 00:07:48.418 --> 00:07:51.198 - done and then it being removed. 00:07:51.330 --> 00:08:00.156 - baked into our ordinance but a motion to put on the prioritization list to see if that's exactly where 00:08:00.156 --> 00:08:09.068 - we wanted to leave it and yes the ordinance review did but I don't think I misspoke if it was confusing 00:08:09.068 --> 00:08:17.722 - pointing that out so I could clarify it my comment all right are there any other comments to my left 00:08:17.722 --> 00:08:21.150 - with respect to the prioritization list 00:08:23.682 --> 00:08:35.283 - That pretty much closes the administrative business and that takes us to new business and the item we're 00:08:35.283 --> 00:08:46.553 - going to discuss first is SMN262 which is the foster minor subdivision primary plan to make four lots 00:08:46.553 --> 00:08:53.182 - plus a special flood hazard area subdivision excess waiver. 00:08:53.282 --> 00:09:00.746 - I'll note that this was something that was to be presented in front of the plant committee forum. And 00:09:00.746 --> 00:09:08.211 - so as a result, it has been forwarded to the commission for decision. There will be no public comment 00:09:08.211 --> 00:09:12.382 - as a result because this was a plant committee, correct? 00:09:13.634 --> 00:09:19.413 - I can clarify, because this is a unique situation. Typically the way that it works for subdivisions 00:09:19.413 --> 00:09:25.482 - is that when there is a waiver request that automatically will end up at the plan commission's decision, 00:09:25.482 --> 00:09:31.434 - the plaque committee operates as an advisory body during those processes. The plaque committee was not 00:09:31.434 --> 00:09:37.329 - able to hear this, so there is no recommendation from the plaque committee, but it is still up to the 00:09:37.329 --> 00:09:41.086 - plan commission to make a final decision on subdivision waivers. 00:09:41.826 --> 00:09:48.164 - but it does not require public comment, correct? It does require public comment, because it's a public 00:09:48.164 --> 00:09:54.501 - hearing. It's not what the package said. OK, we'll include public comment. All right, so Drew, I think 00:09:54.501 --> 00:10:00.962 - this is you, right? Yes, it is. And I know the part that you're referencing, no public comment required, 00:10:00.962 --> 00:10:07.669 - that was an error on my part. I should have updated that when the subdivision waiver was formally requested. 00:10:07.669 --> 00:10:10.622 - So I do apologize for not keeping that updated. 00:10:10.850 --> 00:10:19.405 - But yes, this is SMN-26-2, the foster minor subdivision primary plant with a subdivision waiver that 00:10:19.405 --> 00:10:27.874 - is the special flood hazard area subdivision access. This is a plan commission decision due to that 00:10:27.874 --> 00:10:34.142 - waiver's request. This is for a four lot subdivision across 135.82 acres. 00:10:34.274 --> 00:10:40.138 - Subject property is unplatted and currently consists of five parcels all zone agricultural residential 00:10:40.138 --> 00:10:45.946 - 2.5. Upon review the properties deed records planning staff confirmed that the entire 135.83 acres is 00:10:45.946 --> 00:10:51.640 - considered one lot of record and planning staff confirmed that the four lots minor subdivision will 00:10:51.640 --> 00:10:57.504 - be the appropriate process given the property owners interest in creating the lot sizes that they have 00:10:57.504 --> 00:10:59.326 - established with this proposal. 00:11:01.122 --> 00:11:07.738 - All proposed lots will conform to the minimum requirements for subdividing land in the agricultural 00:11:07.738 --> 00:11:14.751 - residential zoning district. Proposed lot one will contain 17.49 acres. Lot two will contain 16.09 acres. 00:11:14.751 --> 00:11:21.367 - Lot three, 16.31 acres. And lot four, 83.58 acres. Lot four will contain the existing single family 00:11:21.367 --> 00:11:28.446 - residence and associated outbuildings that are at the current residence of 8427 North Mount Pleasant Road. 00:11:28.674 --> 00:11:34.527 - Proposed lots one and two will establish a new driveway entrance to North Mount Pleasant Road, while 00:11:34.527 --> 00:11:40.439 - lot three and lot four will utilize existing driveway entrances. The petitioner has applied for right 00:11:40.439 --> 00:11:46.350 - of way activity permits for lots one through four appropriately. A minimum specifications document by 00:11:46.350 --> 00:11:52.146 - the health department was issued following final payment submitted to the health department through 00:11:52.146 --> 00:11:57.246 - that application process. The packet reflects that that payment hadn't been issued yet, 00:11:57.794 --> 00:12:03.908 - That was before the publication of the packet was before the payment was made. So the payment's been 00:12:03.908 --> 00:12:10.204 - made and we have that documentation available now. Petitioner also submitted capacity letters for water 00:12:10.204 --> 00:12:16.378 - and electricity services. Lot 3 received its own subject permit separately outside of the subdivision 00:12:16.378 --> 00:12:22.553 - petition. Lot 3 also did receive its own variance that I'll touch on in a minute that is unrelated to 00:12:22.553 --> 00:12:23.582 - the subdivision. 00:12:24.098 --> 00:12:30.340 - and included conditions of approval that actually required this subdivision action to occur. LOP-4's 00:12:30.340 --> 00:12:36.520 - driveway entrance is the subject matter of the subdivision waiver request. It is located in an area 00:12:36.520 --> 00:12:43.132 - designated by the DNR best available floodplain mapping as an approximate floodway. A subdivision entrance 00:12:43.132 --> 00:12:49.312 - through floodplain requires the approval of a subdivision waiver by the Planning Commission per the 00:12:49.312 --> 00:12:51.166 - County Development Ordinance. 00:12:51.970 --> 00:12:59.402 - And I will get into more details of that waiver request in a moment. Here on the screen we have a bit 00:12:59.402 --> 00:13:06.833 - of information related to that variance for Lot 3. It was VAR-25-57. It was for an accessory dwelling 00:13:06.833 --> 00:13:15.358 - unit that exceeded 1,000 square feet of living space. There were several requests related to that variance petition. 00:13:15.682 --> 00:13:20.806 - That included number one, the petitioner apply for a subdivision by May 8 2026 that this petition, so 00:13:20.806 --> 00:13:26.182 - it was applied for way before that date and we are hearing it this evening. Number two, an acknowledgement 00:13:26.182 --> 00:13:31.658 - that no certificate of occupancy will be granted for the proposed single family dwelling until a subdivision 00:13:31.658 --> 00:13:36.883 - is recorded and the lot in question is created. So that is one of the reasons why the petitioner wanted 00:13:36.883 --> 00:13:39.998 - to move quickly and getting the subdivision on the docket and 00:13:40.162 --> 00:13:45.149 - heard by the Planning Commission is because they are waiting for a certificate of occupancy for their 00:13:45.149 --> 00:13:50.332 - accessory dwelling unit based on this subdivision's completion. Number three, the petitioner acknowledges 00:13:50.332 --> 00:13:55.221 - that the variances will become void at the time of subdivision approval and recording and would not 00:13:55.221 --> 00:14:00.209 - authorize the construction of an additional detached dwelling accessory to the proposed single family 00:14:00.209 --> 00:14:05.098 - dwelling. Essentially right now, that structure was permitted as an accessory dwelling unit because 00:14:05.098 --> 00:14:09.694 - it's all one lot of record, but when the subdivision is completed, that dwelling unit will be 00:14:09.826 --> 00:14:15.724 - converted into the primary residence for that specific lot. Moving on to the special flood hazard area 00:14:15.724 --> 00:14:21.679 - related to lot number four's driveway. According to chapter 832-9F2, access to a subdivision lot cannot 00:14:21.679 --> 00:14:27.462 - be located in an area subject to flooding for substantial amounts of time. It reads, any subdivision 00:14:27.462 --> 00:14:33.302 - proposing sole access that is subject to flooding for substantial periods of time that may impede the 00:14:33.302 --> 00:14:38.398 - ability of emergency and public services to adequately serve created lots is prohibited. 00:14:39.650 --> 00:14:47.626 - I got caught off a little bit there, but let's see. This provision does not apply to lots created exclusively 00:14:47.626 --> 00:14:54.877 - for conservation purposes. This includes records of roadways prone to flooding by the IDNR, FEMA or 00:14:54.877 --> 00:15:03.070 - Monroe County Highway Department records. If access for a subdivision is in proximity to a special flood hazard, 00:15:03.202 --> 00:15:09.624 - area, an engineer shall submit proof that all access ways, including driveways and roadways, et cetera, 00:15:09.624 --> 00:15:15.922 - are at least six inches above base flood elevation. Deckard plant surveying the surveying firm that's 00:15:15.922 --> 00:15:22.097 - in charge of this petition confirmed that the center line of the driveway entrance for proposed lot 00:15:22.097 --> 00:15:28.333 - four measures 575.87 feet in elevation. And according to DNR data, the base flood elevation for this 00:15:28.333 --> 00:15:29.630 - area measures 575.9. 00:15:30.306 --> 00:15:39.243 - So because it was more than six inches above base flood elevation, the requirement for this subdivision 00:15:39.243 --> 00:15:48.093 - waiver was needed or triggered. Winter County Draining Board has reviewed this petition. They saw that 00:15:48.093 --> 00:15:49.726 - on March 10, 2026. 00:15:49.858 --> 00:15:54.981 - They mentioned that the existing driveway for Proposed Lot 4 is an existing special flood hazard area, 00:15:54.981 --> 00:16:00.154 - confirming that. The petitioner stated and staff later confirmed that the driveway entrance in question 00:16:00.154 --> 00:16:05.128 - was created by the county when the county installed the adjacent bridge just south of that driveway 00:16:05.128 --> 00:16:10.450 - entrance on North Mount Pleasant Road. There is a 40 inch corrugated metal pipe culvert under the driveway 00:16:10.450 --> 00:16:15.474 - as well to assist with drainage in the area. The floodplain administrator has reviewed this driveway 00:16:15.474 --> 00:16:18.558 - and looked to see if there were any other relocation options. 00:16:18.754 --> 00:16:26.516 - And due to terrain constraints to the north and the bridge to the south, there does not seem to be any 00:16:26.516 --> 00:16:34.654 - other areas suitable for this entrance. All right, moving on to department comments. The highway department 00:16:34.654 --> 00:16:42.340 - stated that their right of activity permits were all applied for and met the requirements. Stormwater 00:16:42.340 --> 00:16:46.334 - program comments were related to drainage easements. 00:16:46.978 --> 00:16:55.068 - as well as including the flood zones as drainage easements as well. All those comments have been addressed. 00:16:55.068 --> 00:17:02.708 - Now we have the location map of the petition site of North Mount Pleasant Road. Here are the existing 00:17:02.708 --> 00:17:10.349 - parcels shown of the property. Again, it's all one lot of record. Slopes greater than 25% are present 00:17:10.349 --> 00:17:12.446 - on the property, but do not 00:17:12.738 --> 00:17:18.883 - are not in an amount that prohibits the amount of buildable area for each lot. Here we have the zoning 00:17:18.883 --> 00:17:25.148 - map. The zoning map showing agricultural residential. The comprehensive plan map in the upper right-hand 00:17:25.148 --> 00:17:31.114 - corner shows that the property is farm and forest. Now on the screen we have some aerial pictometry 00:17:31.114 --> 00:17:33.918 - of the petition site. You can see the existing 00:17:34.082 --> 00:17:40.407 - single family residents and outbuildings. And that is the existing driveway that will be on lot four. 00:17:40.407 --> 00:17:46.857 - And that is the one that is subject to the subdivision waiver. And you can see Indian Creek immediately 00:17:46.857 --> 00:17:53.182 - to the south of that that goes under the county bridge that I mentioned earlier. I zoomed in image of 00:17:53.182 --> 00:17:59.631 - that area specifically showing the residents, its outbuildings and the entrance of the driveway as well 00:17:59.631 --> 00:18:03.166 - as Indian Creek. And another image showing that as well. 00:18:05.186 --> 00:18:13.607 - a better view of the bridge here with the shadows and the stream. Now we have Table 1. This has the 00:18:13.607 --> 00:18:22.617 - breakdown of all the lot dimensions and other improvement and design standards from the county development 00:18:22.617 --> 00:18:29.438 - ordinance. So this is also included in the packet. Now on the screen we have the 00:18:31.010 --> 00:18:37.033 - proposed subdivision plat and I'm going to click to the next page as a zoomed in version and we can 00:18:37.033 --> 00:18:43.237 - come back to this for reference during the discussion. This on the screen now shows lots one, two, and 00:18:43.237 --> 00:18:49.320 - three and their associated septic approved septic locations and driveways. And then here we have lot 00:18:49.320 --> 00:18:55.403 - four. Again, this is the lot that is pertinent to the subdivision waiver request with respect to the 00:18:55.403 --> 00:18:56.126 - floodplain. 00:18:56.290 --> 00:19:01.750 - You can see the dotted line here where my cursor is on the right side or eastern side of the property 00:19:01.750 --> 00:19:07.530 - that is where the flood approximate floodway designation is and it does capture the area where the driveway 00:19:07.530 --> 00:19:12.883 - entrance is located. Right that brings me to staffs recommendation staff recommends approval of the 00:19:12.883 --> 00:19:18.556 - subdivision based on the finding the proposed primary plat meets the county development ordinance subject 00:19:18.556 --> 00:19:21.982 - to the highway engineer and stormwater program manager reports. 00:19:22.690 --> 00:19:30.892 - We also recommend approval of the waiver request to the special flood hazard area subdivision access 00:19:30.892 --> 00:19:39.256 - requirement of Chapter 832-9F based on the findings of fact. That concludes my presentation. Are there 00:19:39.256 --> 00:19:47.458 - any questions? Go to the right this time. Any questions? Quick question. When did the county install 00:19:47.458 --> 00:19:51.518 - the drainage culvert and bridge on that property? 00:19:53.538 --> 00:20:01.288 - approximate date. Here's fine. Don't know if I have that in the report, but it was mentioned at the 00:20:01.288 --> 00:20:08.574 - drainage board meeting, I believe. I don't know if anyone square that circle with the current 00:20:08.574 --> 00:20:16.634 - FEMA designation of that special flood zone, because that wasn't done. I mean, 16 years old. So if that 00:20:16.634 --> 00:20:23.454 - has been remediated since then, my question would be, you know, has a Loma been sought? 00:20:23.554 --> 00:20:30.192 - to rearrange whether or not that's actually a special flood designation anymore. I think looking at 00:20:30.192 --> 00:20:37.163 - the elevations that Drew mentioned, the driveway was below base flood elevation. So I wouldn't recommend 00:20:37.163 --> 00:20:43.867 - a LOMA in this case, a letter of map amendment that's a FEMA process to remove a portion of the land 00:20:43.867 --> 00:20:50.638 - or a structure from the floodplain. Right. OK. I just didn't know if the remediative efforts had made 00:20:50.638 --> 00:20:51.966 - any change to that. 00:21:01.730 --> 00:21:11.519 - Might be better for the petitioner, but I'll go ahead and see if you can help me. It's on lot four, 00:21:11.519 --> 00:21:21.309 - it says proposed septic and existing septic. I know that we always need a secondary septic. Is that 00:21:21.309 --> 00:21:29.630 - decided to label the plat? Yes, the proposed septic is the secondary location. Okay. 00:21:31.490 --> 00:21:38.719 - Just curious. It's nice to see the secondary location when it says proposed. It kind of makes you think 00:21:38.719 --> 00:21:45.809 - that they're maybe planning on installing another one. And then when I look at that and I look at the 00:21:45.809 --> 00:21:53.246 - existing structures, those drainage easements make it maybe a little more difficult to get that connection 00:21:53.246 --> 00:21:59.710 - going. So it being a secondary one, not really a big issue, but that's kind of what I meant. 00:22:00.002 --> 00:22:09.280 - in my thought process. So thank you. All right. The petitioner or petitioner representative. You got 00:22:09.280 --> 00:22:18.742 - 15 minutes. Sign in please and state your name. It'd be very helpful. Good afternoon. I'm Eric Deckard 00:22:18.742 --> 00:22:21.406 - with Deckard Land Surveying. 00:22:30.754 --> 00:22:37.204 - Thank you, Drew, for your report. I think I can elaborate on maybe some of your questions that you had 00:22:37.204 --> 00:22:43.591 - technically with respect to the floodplain in that area. I'm a bit familiar with that area. I've done 00:22:43.591 --> 00:22:49.978 - several surveys in that vicinity in the past 10 years. I can tell you that the floodplain modeling in 00:22:49.978 --> 00:22:56.240 - that area has changed at least three times. One of the most recent, I believe it was, Tammy, was it 00:22:56.240 --> 00:22:59.934 - December 18th was the last time that we had some modeling. 00:23:00.162 --> 00:23:09.269 - This petition actually began prior to the last modeling. It's that the elevations with most recent modeling 00:23:09.269 --> 00:23:17.701 - had risen significantly. Bridge, I was noticing that there was some acquisition taking place around 00:23:17.701 --> 00:23:27.230 - 2014, maybe 2020, 2022, somewhere in that era was when the bridge was constructed. So that being said, you know, 00:23:27.426 --> 00:23:33.853 - We know that the bridge decking is maybe a half a foot above base flood elevation, which means that 00:23:33.853 --> 00:23:40.280 - the supporting members of the bridge itself is below base flood elevation. The area of concern here 00:23:40.280 --> 00:23:46.836 - and the reason that we're here before you today is because of the driveway entrance that was built to 00:23:46.836 --> 00:23:53.391 - highway standards. So it's actually a concrete apron and it is below the base flood elevation by just 00:23:53.391 --> 00:23:56.862 - a little bit. However, that is actually in the county 00:23:57.026 --> 00:24:06.607 - right of way. So when you zoom in onto the picture next to the roadway, Drew, you had a very nice aerial 00:24:06.607 --> 00:24:16.097 - photo earlier, yes. So you can see, you look really closely, the delineation between where the concrete 00:24:16.097 --> 00:24:22.302 - apron is at in his driveway that he personally maintains separates. 00:24:23.298 --> 00:24:30.804 - where he actually starts maintaining it is actually above the base flood elevation. So if there was 00:24:30.804 --> 00:24:38.385 - any Loma needed is actually on the county side of the right of way. Just forming you on that part of 00:24:38.385 --> 00:24:45.891 - it. But if you have any other technical questions, be glad to answer them for you. Starting to lift 00:24:45.891 --> 00:24:53.022 - this time. Are you needing to make any adjustments to the survey moving forward? I believe so. 00:24:53.410 --> 00:25:00.528 - Okay, then I'm not gonna ask you to change the secondary septic, but if you were gonna get back in there 00:25:00.528 --> 00:25:07.375 - and print out a new copy, maybe it wouldn't be much of an ask. I'll keep that in mind in the future. 00:25:07.375 --> 00:25:14.764 - Yeah, and if you look at it, you just see how difficult that connection might be with the drain adjustments. 00:25:14.764 --> 00:25:21.950 - So, you know, that's why I like it. That's why it makes sense to me calling it secondary versus proposed. 00:25:24.642 --> 00:25:33.304 - Do you have any questions? No, I don't. Any questions? Anything else to add? I know it looks 00:25:33.304 --> 00:25:43.176 - very straightforward. Thank you, Margaret. So that takes us to public comment. And so if you have anybody 00:25:43.176 --> 00:25:52.862 - in the audience who are online who'd like to take in effort, you're welcome to come speak at this time. 00:25:54.178 --> 00:26:01.633 - State your name and sign in, please. Or. Foster the petitioner. Did a nice job of kind of framing things 00:26:01.633 --> 00:26:08.733 - up. The board actually approved the variance that we had put together when my wife and I bought the 00:26:08.733 --> 00:26:15.903 - property of 135 acres that already had the five parcels. So our plan was just to gift our three boys 00:26:15.903 --> 00:26:23.358 - a parcel of peace, selfishly wanting to say them, keep them close, but also keep the grandbabies closer. 00:26:23.938 --> 00:26:30.458 - And during the process then of my oldest son and his wife decided to take us up on that offer immediately, 00:26:30.458 --> 00:26:37.099 - they sold their home in Avon, moved to Monroe County, received, got jobs here, including my son transferring 00:26:37.099 --> 00:26:43.193 - from INPD to Monroe County Sheriff's Department. But within that employment agreement, he needed to 00:26:43.193 --> 00:26:45.630 - have a permanent address within a year. 00:26:46.050 --> 00:26:51.758 - So when we ran into this hiccup in relation to the deed, it's when the board agreed to let us do the 00:26:51.758 --> 00:26:57.579 - variance, as long as we would do the subdivision, which we started the next day after the meeting when 00:26:57.579 --> 00:27:03.287 - that variance was granted. And ultimately, the other two lots on the north side, we're gonna give to 00:27:03.287 --> 00:27:09.278 - the other boys. I don't know if they will ever even build on it or not, but they'll have that opportunity 00:27:09.278 --> 00:27:11.934 - if they so want to do so. But just wanna thank 00:27:12.226 --> 00:27:18.294 - Drew for stepping in after Ann left and all of his support and Eric and Jackson for the work that they 00:27:18.294 --> 00:27:24.421 - have done as well as the board allowing that variance to continue or to re-graining that variance which 00:27:24.421 --> 00:27:30.431 - allowed my son's home will be done hopefully by the second week of June and hopefully the subdivision 00:27:30.431 --> 00:27:36.558 - will be complete and everything's gonna just be smooth. But do appreciate everyone's effort and support 00:27:36.558 --> 00:27:40.446 - in allowing this to occur. Any questions for me? Thank you again. 00:27:41.314 --> 00:27:53.233 - I have a comment not in favor, online or in the room. I don't see any. All right. Let's go ahead and 00:27:53.233 --> 00:28:05.152 - move hopefully to comments from anybody else here. Ready for a motion whenever. I would like to move 00:28:05.152 --> 00:28:10.462 - this approval. Yeah, we're doing the waiver. 00:28:10.562 --> 00:28:17.984 - Approval of the subdivision based on the findings that the proposed preliminary plat meets the county 00:28:17.984 --> 00:28:25.479 - development ordinance subject to the highway engineer and stormwater program manager reports. Approval 00:28:25.479 --> 00:28:33.120 - of the waiver requests to the special flood hazard area subdivision access requirement of chapter 832-9, 00:28:33.120 --> 00:28:40.542 - section F, based on the findings of fact. Do I need to read that bottom part? Okay, that's my motion. 00:28:41.250 --> 00:28:49.500 - I would like to include a waiver final hearing too. All right so there's been a motion and a second 00:28:49.500 --> 00:28:57.833 - to approve SMN-25-7 which is the primary plat subject to the highway engineer and stormwater program 00:28:57.833 --> 00:29:06.578 - reports and also to approve the waiver to the special flood hazard area subject to the access requirement 00:29:06.578 --> 00:29:07.486 - of chapter 00:29:08.130 --> 00:29:20.090 - 832-9F, and also a waiver of final hearing. A vote yes is a vote to approve. David Bush? Yes. Margaret 00:29:20.090 --> 00:29:31.819 - Clements? Yes. Ronan Wright-Randolph? Yes. Pat Farris? Yes. Rudy Fields? Yes. And Julie Thomas? Yes. 00:29:31.819 --> 00:29:35.070 - Motion carries six to zero. 00:29:36.962 --> 00:29:46.852 - All right, that leads us to the next new business, which is ZOA261. And this is our CDO amendment. We 00:29:46.852 --> 00:29:56.548 - are the petitioner. And this is a preliminary hearing, but we are going to request a final hearing. 00:29:56.548 --> 00:30:05.662 - Be wait. And so I guess we start with, do we have any comments up here? Starting on my right. 00:30:07.138 --> 00:30:14.470 - Just that we've covered this and we could get highlights if other members are okay unless they want 00:30:14.470 --> 00:30:22.170 - us, unless anyone wants more detail. Why don't we take, why don't you do a quick summary of the changes. 00:30:22.170 --> 00:30:29.502 - That's a good idea. Okay, I wrote down page numbers so I can skip through the packet pretty easily. 00:30:49.058 --> 00:30:57.382 - And so this is the list of revisions and so we will be updating with the ordinance number and the date 00:30:57.382 --> 00:31:05.463 - of adoption to these numerous text amendments. A lot of these are just small corrections. There are 00:31:05.463 --> 00:31:14.110 - a few substantial things that we'll mention. Some of them are Scrivener's errors. So then beginning on 49. 00:31:14.882 --> 00:31:23.685 - We did need to add a footnote here to most all of the zones regarding lot line front yard definition, 00:31:23.685 --> 00:31:32.661 - just referencing the definition, just to help give staff clarity when making a decision on what a front 00:31:32.661 --> 00:31:41.896 - setback is. And so you'll see this throughout all of the two pagers. Then also embedded in the two pagers, 00:31:41.896 --> 00:31:44.830 - we had a correction to the art NH 00:31:44.962 --> 00:31:55.040 - Zoning just to correct front yard setbacks here and the lake setbacks. They were just needed corrections 00:31:55.040 --> 00:32:04.639 - And then on some of the use tables within the two pagers The state statute said that schools needed 00:32:04.639 --> 00:32:10.110 - to be permitted in all zones and so with that we are now 00:32:12.130 --> 00:32:22.790 - We also, there's another use that we have added into the institutional public zone. Battery energy storage 00:32:22.790 --> 00:32:33.151 - systems has been added to this table. Also adding schools into light industrial up here. We've got also 00:32:33.151 --> 00:32:41.022 - in the high industrial will be schools and the battery energy storage systems. 00:32:41.570 --> 00:32:55.967 - mineral extraction, we're also adding schools in the airport. We'll also get schools and battery energy 00:32:55.967 --> 00:33:09.534 - storage systems, I believe. All right. Get the flip to the second page now. Again, correcting the 00:33:10.050 --> 00:33:19.864 - or updating the use table to include schools in every single zone per state statute. And we have the 00:33:19.864 --> 00:33:29.871 - battery energy storage systems as a conditional use in the IP zone, the HI zone, and the airport zone. 00:33:29.871 --> 00:33:33.758 - And it does come with standards 11-11B. 00:33:34.690 --> 00:33:42.739 - And then down on this table as well, we do have small modular nuclear reactors. This use will not be 00:33:42.739 --> 00:33:50.708 - permitted in any of the zones. Making that very clear in the table. And then I think we get to jump 00:33:50.708 --> 00:33:58.836 - to page 132. And here we have the standards that we would use for the battery energy storage systems. 00:33:58.836 --> 00:34:04.574 - Hopefully you all have read through that and didn't have any questions. 00:34:08.226 --> 00:34:19.504 - And we've got a correction to this table just to correct it to be 2-811 and not 1-811. Next is to clarify, 00:34:19.504 --> 00:34:30.782 - we recently discovered there was a slight conflict with how we had exceptions, but here we added balconies 00:34:31.042 --> 00:34:39.183 - uncovered open porches or decks are allowed to encroach up to three feet. And then we clearly define 00:34:39.183 --> 00:34:47.244 - that the roof of a detached garage carport shed that's no higher than 15 can also encroach two feet 00:34:47.244 --> 00:34:55.466 - and then kind of give a reference to the other part of the ordinance that kind of is very similar but 00:34:55.466 --> 00:35:00.222 - different. And then page 202. This was such a small little 00:35:00.642 --> 00:35:08.464 - We're going with linear feet rather than lineal. No, we're using lineal feet rather than linear feet. 00:35:08.464 --> 00:35:16.517 - Is that right? Yeah. Linear. We are using linear feet. Yeah. With an R instead of an L. OK, it's linear. 00:35:16.517 --> 00:35:24.186 - That's right. And that made it hard for us to search the ordinance in its current state. All right. 00:35:24.186 --> 00:35:25.566 - And then we have. 00:35:29.698 --> 00:35:46.404 - This is to remove the requirement for sidewalks with subdivisions located on moderate priority road 00:35:46.404 --> 00:35:54.590 - improvements. And we do plan to do to update our 00:35:54.690 --> 00:36:02.632 - Alternative transportation map and plan and then maybe bring this back as a tax amendment when it's 00:36:02.632 --> 00:36:10.574 - ready So that is something that we still want to tackle is just have a more up-to-date Plan that we 00:36:10.574 --> 00:36:18.833 - can look at When we decide waivers and if sidewalks are required as a part of commercial site plan This 00:36:18.833 --> 00:36:23.678 - is a smallest Scrivener error from up to or no from order of 00:36:26.146 --> 00:36:37.003 - And then we had an amendment to add that members will receive compensation, I believe, for application 00:36:37.003 --> 00:36:47.966 - to the expenses section to clarify payment for Plan Commission board members. That's what that part is. 00:36:52.802 --> 00:37:02.070 - I think the rest of these are all definitions. So we've got front yard, also just says C lot line front 00:37:02.070 --> 00:37:10.982 - yard. So we don't have to define it too many times. We've got the definition for the battery energy 00:37:10.982 --> 00:37:20.785 - storage systems. And some of that is addressing some state code. We have clarification in the home occupation 00:37:20.785 --> 00:37:21.854 - definition. 00:37:22.978 --> 00:37:31.060 - Remove permitted by right language. Two more definitions. One is the lot line front yard. And this states 00:37:31.060 --> 00:37:38.837 - that the lot line abutting a public private street access easement and or water course also see yards 00:37:38.837 --> 00:37:46.538 - comma lake for lots running Griffey Monroe and Lake Lemon corner lots and through lots have at least 00:37:46.538 --> 00:37:51.646 - two front lot lines. Multiple frontage lots may have more than two 00:37:51.778 --> 00:37:59.368 - front lot lines, see the image below for the example of how to assign the setbacks. So this is going 00:37:59.368 --> 00:38:06.882 - to help staff clarify in the future, especially when we have an easement involved with the property 00:38:06.882 --> 00:38:14.848 - in how to determine our setbacks and just give better guidance from the ordinance here. And then finally, 00:38:14.848 --> 00:38:21.310 - we have a definition for the thing we will not be permitting under the major utility. 00:38:21.698 --> 00:38:31.233 - It states that this definition excludes small modular nuclear reactors and battery energy storage systems. 00:38:31.233 --> 00:38:40.680 - So just kind of clear. Any questions? Was that succinct enough? Was it quick enough? All right. So before 00:38:40.680 --> 00:38:49.591 - we go to public comment, anybody on my right? Public comment in favor? Anybody out there? Online or 00:38:49.591 --> 00:38:50.750 - in the room? 00:38:53.666 --> 00:39:04.742 - All the comments for folks who are not in favor, either sign or in the room. I think we're ready for 00:39:04.742 --> 00:39:16.585 - a motion. Margaret, do you have your hand up? No. No, I just want to thank Tammy for her nice presentation. 00:39:16.585 --> 00:39:20.862 - Tammy, thanks for a nice presentation. 00:39:21.698 --> 00:39:34.969 - On the motion, I'm sure. Can I just read the bold part on a dash 26 dash one county development ordinance 00:39:34.969 --> 00:39:47.614 - amendments. Preliminary hearing I would like to move to recommend approval and add the waiver of the 00:39:47.614 --> 00:39:50.494 - second hearing for all 00:39:50.978 --> 00:40:06.125 - that was just highlighted and outlined on our agenda. There's been a motion and a second to send a positive 00:40:06.125 --> 00:40:13.278 - recommendation to county commissioners for zoning. 00:40:13.634 --> 00:40:22.558 - for the County Development Ordinance Amendment, ZOA-26-1, which has a long list that is shown on page 00:40:22.558 --> 00:40:31.045 - 39 and 40 of the packet. A motion or a vote to approve is to send that favorable recommendation. 00:40:31.045 --> 00:40:39.970 - David Bush? Yes. Margaret Clements? Yes. Ron and Wright Randolph? Yes. Scott Paris? Yes. Rudy Fields? 00:40:39.970 --> 00:40:41.982 - Yes. And Julie Thomas? 00:40:43.010 --> 00:40:52.437 - Motion carries six to zero. All right, that takes us to four items not on the agenda in three minutes. 00:40:52.437 --> 00:41:02.230 - Do we have anybody in the room or online? Bring any item forward and I see none. So now we move to reports 00:41:02.230 --> 00:41:09.278 - and we start with planning. The baton has not fully been passed to me yet as 00:41:09.666 --> 00:41:20.274 - director. I am still just assistant director at this point in time. Mr. Schilling you got anything you'd 00:41:20.274 --> 00:41:26.942 - like to bring up for as the attorney? I have a motion to adjourn.