WEBVTT 00:00:00.098 --> 00:00:10.576 - I'd like to call to order the Planning Commission administrative meeting for April 7th, 2026. So Jackie, 00:00:10.576 --> 00:00:20.954 - would you please call the roll? Sure. David Bush? Here. Margaret Clements? Here. John and Ray Randolph? 00:00:20.954 --> 00:00:28.638 - Here. Scott Farris? Here. Rudy Fields? Here. David Henry? Jeff Morris? Here. 00:00:29.506 --> 00:00:36.792 - Joe Van Dieventer? Here. Julie Thomas? Here. Steve Bishop? Here. Okay, so we have eight voting members 00:00:36.792 --> 00:00:43.865 - and one non-voting member. Thank you. And are there any changes to the agenda? There is one change. 00:00:43.865 --> 00:00:51.151 - We had a request for continuance of the Westbury North major subdivision, the release request. They're 00:00:51.151 --> 00:00:58.366 - going to work with their engineer and try to come back hopefully in a couple weeks, if not early May. 00:01:03.938 --> 00:01:12.631 - And then on the agenda and still correct is the point PV has been continued. I also believe that the 00:01:12.631 --> 00:01:21.410 - preference has been continued, so we just won't talk about it under the new business, but that's just 00:01:21.410 --> 00:01:30.878 - under reports. All right, then let's pardon me. Let's go to the administrative business. Start off with that. 00:01:31.618 --> 00:01:40.298 - So the first item on the agenda is the House and World Act 1001. We briefly talked about this during 00:01:40.298 --> 00:01:49.064 - the Ordinance Review Committee and decided to bring this to you all. One of the items in here is that 00:01:49.064 --> 00:01:57.916 - if you have a unified development ordinance, you are required to host a hearing not later than January 00:01:57.916 --> 00:02:01.182 - 1st, 2027. And so we will be required 00:02:01.346 --> 00:02:08.784 - After speaking with legal, even though ours is called a CDO, it's still defined as a consolidated document 00:02:08.784 --> 00:02:15.874 - with both zoning and subdivision rules in it. We will be required to hold a public hearing to go over 00:02:15.874 --> 00:02:22.825 - the following factors. So one, providing for higher density development of duplexes, triplexes, and 00:02:22.825 --> 00:02:26.718 - fourplexes in areas designated for single family homes. 00:02:27.330 --> 00:02:34.425 - Constructing other housing types, including accessory monuments and manufactured modular housing, adaptive 00:02:34.425 --> 00:02:41.255 - reuse of commercial buildings for residential use, such as allowing multifamily development and retail 00:02:41.255 --> 00:02:48.350 - office and light manufacturing zones, increasing allowable floor area ratio and multifamily housing areas, 00:02:48.738 --> 00:02:55.339 - Waving or eliminating regulations such as garage-sized placements, steeper roof pitch, minimum lawn 00:02:55.339 --> 00:03:02.337 - size and square footage, greater setbacks, off-street parking, design standards that restrict or prohibit 00:03:02.337 --> 00:03:09.136 - the use of code-compliant products, or property height limits. Number six, reviewing impact fee zones, 00:03:09.136 --> 00:03:15.804 - which we do not have. Streamlining or shortening the permitting process timelines, including through 00:03:15.804 --> 00:03:17.982 - a one-stop and parallel process, 00:03:18.210 --> 00:03:26.123 - permitting by 15 days or more, using property tax abatements to enable higher density and mixed income 00:03:26.123 --> 00:03:33.806 - communities, and lastly, donating vacant land for affordable housing development. Once we host this 00:03:33.806 --> 00:03:41.488 - hearing, we will be required to submit that to legislative services along with a housing study. And 00:03:41.488 --> 00:03:44.638 - that is what was signed by the governor. 00:03:46.498 --> 00:03:54.108 - So we need to determine the date of our public hearing to comply with this. I spoke a little bit with 00:03:54.108 --> 00:04:01.719 - the city and they said that they're actually going to bring forward a tax amendment with this kind of 00:04:01.719 --> 00:04:06.046 - tagged along to it. So it's it's odd on all the planning. 00:04:07.522 --> 00:04:13.836 - A lot of people are like, we're not really sure how to host this because it's not something that we're 00:04:13.836 --> 00:04:20.027 - actually proposing in the text amendment. It's just a discussion. But they are saying that they will 00:04:20.027 --> 00:04:26.402 - just kind of pose these questions. And if there's anything that they decide to take forward, they could 00:04:26.402 --> 00:04:33.022 - do that later. I think we just need the minutes to show what we are. We're not going to entertain, I guess. 00:04:33.154 --> 00:04:39.580 - Um, and we would also be able to go through some of these and say, not applicable or here's where we 00:04:39.580 --> 00:04:46.197 - allow accessory dwelling units already. So we could make that clear to the public. So with our process, 00:04:46.197 --> 00:04:52.560 - uh, separate from the cities, correct? Yes, we would hold a hearing separate, just like just a plan 00:04:52.560 --> 00:04:55.614 - commission meeting where this is on the agenda. 00:04:55.746 --> 00:05:02.344 - a regular meeting with us on the agenda. And then after that hearing, we decide which of these items 00:05:02.344 --> 00:05:08.877 - that we wish to adopt and integrate and which we do not. Is that correct? You could ask us ahead of 00:05:08.877 --> 00:05:15.475 - time to put together like a text amendment that addresses some of these items, and then we could put 00:05:15.475 --> 00:05:22.073 - a note saying what the other ones are. I think the point of the hearing is that people would be able 00:05:22.073 --> 00:05:25.470 - to speak to this. Well, how do you tee it up? Yeah. 00:05:25.762 --> 00:05:33.600 - Um, uh, yes. Um, I mean, if you say we're going to have a public hearing, this is what we're going to 00:05:33.600 --> 00:05:41.745 - talk about, but there's nothing of substance agree or disagree or hate. It could be a non-meeting. Right. 00:05:41.745 --> 00:05:49.659 - Excuse me. Commissioner Thomas. Yeah. Um, I think, I think what could happen is an informational piece 00:05:49.659 --> 00:05:55.422 - for the public on each of these points regarding what is currently in, um, 00:05:55.714 --> 00:06:04.004 - our CEO, and then we take public comment, I guess, if there's any portions that people want to comment 00:06:04.004 --> 00:06:12.214 - on. And then from that, we can decide, I don't see a text amendment here, I see a, let's explain each 00:06:12.214 --> 00:06:20.424 - of these points, what's in the CDO now, and then hear from the public and from the client commission, 00:06:20.424 --> 00:06:24.126 - I guess, if there's any case for reviewing or 00:06:24.674 --> 00:06:32.696 - re-litigating any portion of this, then we can see what the interest is at the next ORC meeting after 00:06:32.696 --> 00:06:40.562 - that. Yeah, I was just going to say, I think the idea is just to allow for public commentary on the 00:06:40.562 --> 00:06:48.505 - items they've lined out, and if those are concerns for anybody in the community, and if they're not, 00:06:48.505 --> 00:06:51.966 - then you don't have to address them. Scott? 00:06:55.778 --> 00:07:03.204 - dental's advocate, so you tee it up, you put the topics out there, you even talk about our CDO looks 00:07:03.204 --> 00:07:10.851 - at it or doesn't look at it, and you get feedback. Okay, I'm now a petitioner or I'm a public commenter 00:07:10.851 --> 00:07:18.350 - or whatever, and I say, I take issue with what you did in the CDO. Because it does or doesn't address 00:07:18.350 --> 00:07:24.894 - this. That's right, then what? Are we back into going back and opening up the CDO again? 00:07:26.754 --> 00:07:32.423 - and requiring us to sit down as a group and address each and every one of those comments and go through 00:07:32.423 --> 00:07:37.928 - the same drill we went through when we were coming to closure with the original CDO. I mean, I could 00:07:37.928 --> 00:07:43.379 - take a bill of watch here if you're not careful. Right. The requirement by the state is to host the 00:07:43.379 --> 00:07:48.885 - hearing and then to essentially report the minutes. And then any newly developed or amended UDO as a 00:07:48.885 --> 00:07:54.336 - result of the review under section three, it must provide a written description of the ways the UDO 00:07:54.336 --> 00:07:56.734 - was changed to support housing development. 00:07:56.834 --> 00:08:04.176 - I do think, you know, if the minutes reflect that, you know, the public says, let's say that they wish 00:08:04.176 --> 00:08:11.446 - for more accessory dwelling units and more zones, but that, you know, we only have it for four zones, 00:08:11.446 --> 00:08:18.574 - let's say, then if we don't address that later, I do think the state could take some liberties next 00:08:18.574 --> 00:08:22.494 - year to do another version of this and change the law. 00:08:22.626 --> 00:08:29.064 - That's my guess, because before this last minute change, because it looked a lot different than this, 00:08:29.064 --> 00:08:35.629 - as you saw on iterations, there were all these opt-out procedures, and it was relating to allowing more 00:08:35.629 --> 00:08:42.320 - accessory dwelling units, allowing two family dwelling units. So I'm guessing this is just an information 00:08:42.320 --> 00:08:48.190 - gathering, and then they could be making more changes, but. I think there are obviously some 00:08:48.834 --> 00:08:54.898 - counties and cities that don't allow accessory dwelling units, for example, let's use that example. 00:08:54.898 --> 00:09:01.023 - And I think that's why they're doing this. And I think the report we send to the state should be the 00:09:01.023 --> 00:09:07.147 - outline of the information from our CDO on these points because it'll make it clear that we do a lot 00:09:07.147 --> 00:09:13.212 - of this. And I don't know that just having public comment on an item or two makes it something that 00:09:13.212 --> 00:09:18.366 - we have to change. I think it should be considered by the ordinance review committee 00:09:19.266 --> 00:09:25.396 - But I don't think it requires a change just because one person stands up. Is it one, is it two, 00:09:25.396 --> 00:09:32.037 - is it eight? I mean, how do you draw that line? So that's my take on it. OK. And I will say, then, that 00:09:32.037 --> 00:09:38.678 - earlier iteration, before they got to this origin, it did say we were allowed to ask that we will serve 00:09:38.678 --> 00:09:45.255 - letter, which assumes sewer. So I do think that having it constrained to the zones we do are the zones 00:09:45.255 --> 00:09:49.022 - that are more likely to either be on sewer or be in a more 00:09:49.186 --> 00:09:56.486 - or have a larger standard that allows for a septic system. So keeping in mind the holidays, it starts 00:09:56.486 --> 00:10:03.285 - Thanksgiving and runs all the way through into December. And we all know what happens starting 00:10:03.285 --> 00:10:10.800 - in Thanksgiving and all the way through the end of December, not a whole lot gets done. And so if you're 00:10:10.800 --> 00:10:15.166 - using that as a planning factor, backing off from that date, 00:10:16.738 --> 00:10:25.310 - and allowing time to repair the minutes and the written response for a proposed text, which we may or 00:10:25.310 --> 00:10:33.881 - may not have. How far back should we do that? That's the question. We're at October 22nd and November 00:10:33.881 --> 00:10:42.957 - 17th. OK. If there's a chance that there is a large turnout and you want two hearings, I would say starting 00:10:42.957 --> 00:10:44.638 - in October and then 00:10:44.738 --> 00:10:53.863 - having November as a flexible month. That would be my recommendation, but we could do earlier if you 00:10:53.863 --> 00:11:03.349 - would like. The point is you should have everything done before Thanksgiving. So September. So September 00:11:03.349 --> 00:11:12.474 - and October. It's up to you all. I know, I'm just trying to. I just don't understand that part about 00:11:12.474 --> 00:11:14.462 - vacant land donation. 00:11:16.258 --> 00:11:23.625 - I agree. Some of these, I mean, we have no control about using tax abatements to enable air density 00:11:23.625 --> 00:11:31.139 - development. So we just have to state this would be something that the council would need to take up. 00:11:31.139 --> 00:11:38.506 - Yes. This is not a planning issue. Oh, thank you. That would be my opinion, but I don't. Joan's got 00:11:38.506 --> 00:11:42.558 - to say it really slow. Just recognize Joan. Thank you. 00:11:45.218 --> 00:11:53.847 - Yeah, thank you. I'll just raise my hand. We had a discussion at the ORC, so we covered this once already. 00:11:53.847 --> 00:12:02.234 - My question is more about the scheduling and then the plan kind of leave that you have, Director Jelen. 00:12:02.234 --> 00:12:10.702 - Is there a timeframe where you think that we can have the hearing, get the discussion, and do that prior 00:12:10.702 --> 00:12:14.654 - to your leave? Because that is one consideration 00:12:15.266 --> 00:12:23.200 - at least for me, as far as the scheduling goes, have you, you know, along with us as much as possible. 00:12:23.200 --> 00:12:31.442 - So you're answering. Yeah. I don't, because we sent out the notice this month already for April's meeting, 00:12:31.442 --> 00:12:39.376 - and I don't think that that will be possible. So I think that, you know, September, October, November, 00:12:39.376 --> 00:12:43.998 - those are all good windows I would be hearing be available. 00:12:45.506 --> 00:12:52.985 - The planning factor, I would suggest September. That way, if we need to recover for some reason, you 00:12:52.985 --> 00:13:00.611 - have a little more time to recover. If there's additional meetings or additional requirements, it also 00:13:00.611 --> 00:13:08.238 - gives you more time to craft whatever you have to craft. Great. I agree with the September window just 00:13:08.238 --> 00:13:15.198 - because of, well, I guess it's just personal. Are we doing it in regular planning conditions? 00:13:15.298 --> 00:13:23.164 - It will be during the week. I was going to say, because other dates are not going to be widely available 00:13:23.164 --> 00:13:31.106 - in September because of the cultural budgets. September 23rd. OK. Wednesday. Wednesday. Wednesday? Budget 00:13:31.106 --> 00:13:38.747 - hearings. Yeah. Yeah, we get tossed all over the place during September and October. And will we have 00:13:38.747 --> 00:13:42.718 - special meetings in October, special? It'll be hard. 00:13:42.914 --> 00:13:50.445 - A budget hearing, just take over all of it. October 23rd, which is a Wednesday. So it's October 22nd. 00:13:50.445 --> 00:13:57.829 - October 22nd is a Thursday. Which is a Thursday. We kind of tried to give variety. But if you don't 00:13:57.829 --> 00:14:05.286 - have anyone show up on the Wednesday, you still have it on the Thursday because you've announced it. 00:14:05.286 --> 00:14:10.750 - I mean, you know. You mean in the earlier meeting? Yeah, no one comes in. 00:14:11.106 --> 00:14:17.273 - September, then you. We could wave the final hearing. I mean, I don't know, because you can announce 00:14:17.273 --> 00:14:23.441 - it. It's right. Would you automatically schedule it for two years? I don't know that we have to. No, 00:14:23.441 --> 00:14:29.608 - I would do one and then hold the date on the other. Yeah. And then if we have to have it, we'll have 00:14:29.608 --> 00:14:36.142 - it. That's a good idea. Instead of announcing it, because I don't think you want to announce it if there's 00:14:36.142 --> 00:14:38.462 - only a couple of people that show up. 00:14:39.202 --> 00:14:45.158 - And if it's not combined with an actual text amendment, it ends at the Blake Commission. It doesn't 00:14:45.158 --> 00:14:51.292 - go to the Board of Commissioners. If you have a text amendment, you have to have some sort of a review 00:14:51.292 --> 00:14:57.248 - process for the text amendment. The text amendment would continue on to the Board of Commissioners. 00:14:57.248 --> 00:15:03.323 - But if we're just doing a hearing and stating we'd like to talk about these items, I don't think that 00:15:03.323 --> 00:15:08.862 - would be a commissioner decision unless it leads to a text amendment. Am I right, Dave? Yes. 00:15:09.026 --> 00:15:15.614 - So I would say then the text amendment would come out of a recommendation from staff based on what happens 00:15:15.614 --> 00:15:22.017 - here to the ORC, which then goes to planning and goes to planning. Which does not have to happen before 00:15:22.017 --> 00:15:28.173 - January. There you go. You have to have a hearing before January. Right. So it just says later that 00:15:28.173 --> 00:15:32.606 - we would report. Will settle it. Yeah. Ways in which they were changed. 00:15:34.050 --> 00:15:41.713 - So I mean, if we have that information by September and we say, OK, we're willing, we're going to look 00:15:41.713 --> 00:15:49.302 - at this feature or this factor, I would report that to say the timeline is next year. But out of this 00:15:49.302 --> 00:15:56.965 - came this change that we anticipate next year if that happened. Do we need a motion or is it something 00:15:56.965 --> 00:15:58.974 - we just need to consensus? 00:16:01.634 --> 00:16:13.022 - I think we can do raise of hands or motion. I'm happy to take a roll call on the September 23rd is the 00:16:13.022 --> 00:16:24.078 - date for this. So go ahead. I had a question. Okay. What will the public be commenting on? Are they 00:16:24.078 --> 00:16:31.486 - going to get a copy of this and say, okay, well then I just wonder 00:16:31.746 --> 00:16:38.330 - And again, making work for somebody. But if you took these points, all these points, and you, you know, 00:16:38.330 --> 00:16:44.850 - in a nice pastel color underneath the point, say, this is where we are with it. You know, you had some 00:16:44.850 --> 00:16:51.308 - sort of a brief narrative that says, hey, this is what we're already doing. This is what we're doing. 00:16:51.308 --> 00:16:57.828 - So that might diffuse a lot of, because, you know, if that's something that could be created and then, 00:16:57.828 --> 00:17:01.310 - you know, put out for public consumption. And so that, 00:17:01.442 --> 00:17:09.006 - when people come in, they've at least got some notion as to where you are with that. Right. I would 00:17:09.006 --> 00:17:16.116 - personally plan on just doing this similar to a staff report and having that information tied 00:17:16.116 --> 00:17:23.832 - into screenshots or visuals of the CDO and trying to do it that way. I wasn't planning on doing a big 00:17:23.832 --> 00:17:28.446 - informational push on this hearing just because I think it's 00:17:29.890 --> 00:17:36.314 - Some of these questions are not really planning questions, but we can do a bigger push if people want 00:17:36.314 --> 00:17:42.863 - us to advertise it or get more people involved. Send out $15,000. Well, we don't have to do that. Yeah, 00:17:42.863 --> 00:17:49.350 - we're not required to do that. That would be a very expensive undertaking. So we're just going to hold 00:17:49.350 --> 00:17:55.647 - it like a regular area. It's a good idea, because I'm tired of reliving this over and over and over 00:17:55.647 --> 00:17:59.678 - and over again. I'm on my eighth life and I'm not feeling well. 00:17:59.874 --> 00:18:11.610 - I'm afraid people will think you're opening up the CDO for a little bit around the negotiation. That's 00:18:11.610 --> 00:18:14.686 - not what we're playing on. 00:18:15.074 --> 00:18:21.604 - And so I'm wondering if you can just diffuse it somehow and say, yeah, we already do this. It's nothing 00:18:21.604 --> 00:18:28.511 - straightforward. You don't have to go into chapter by chapter of how to do it and say, yes, we've anticipated 00:18:28.511 --> 00:18:34.852 - this. We do this. The CDO addresses this. Right. Or doesn't. Right. Or doesn't. Right. Yeah. But you 00:18:34.852 --> 00:18:38.494 - are banally required to do a public hearing on this. Yes. 00:18:38.850 --> 00:18:44.171 - Yeah, right. And the more information, you know, if we can keep it, we'll keep it concise. But if we 00:18:44.171 --> 00:18:49.440 - can give people information, then I think at least the people that then make it to the meeting will 00:18:49.440 --> 00:18:54.708 - have a more hopefully informative discussion with the planning commission to say, okay, I'm looking 00:18:54.708 --> 00:19:00.240 - at the code and this is what I want to change. I think it's very clear that this is what they're asking. 00:19:00.240 --> 00:19:03.454 - This is what the CDO says. Right. Well, this element for me. 00:19:03.586 --> 00:19:09.861 - Just what does the public think? Yeah. Right, but in your presentation of them, this is what they're 00:19:09.861 --> 00:19:16.260 - asking. This is what the CDO says. These are the ones here that may or may not, if they have some that 00:19:16.260 --> 00:19:23.032 - don't apply, this does not apply to us. And then you just, that's as simple as that. And let the discussions 00:19:23.032 --> 00:19:29.556 - begin. I mean, we should be cultivating the discussion based upon what Margaret just said. We've debated 00:19:29.556 --> 00:19:33.470 - over and over and over and over again on some of these topics. 00:19:33.602 --> 00:19:39.607 - I think if people understand that we have looked at that and we have talked about that and it has been 00:19:39.607 --> 00:19:45.495 - addressed, you wouldn't have to go into chapter and verse just to say, yeah, we have looked at that. 00:19:45.495 --> 00:19:51.266 - And, you know, it's just like a very brief sort of thing. I think we're all saying the same thing. 00:19:51.266 --> 00:19:57.155 - So let's, let's make it official. Who wants to make a motion on this? Well, she just did. I did do a 00:19:57.155 --> 00:20:02.110 - hand raise. Sean, are you okay with September 23rd? Everyone else raised their hand. 00:20:03.970 --> 00:20:14.979 - Sure, as long as planning is comfortable with that. I'm good. Okay. And then the other component of 00:20:14.979 --> 00:20:26.318 - this House Enrolled Act also requires us to do a housing progress report and after January 1, 2027 not 00:20:26.318 --> 00:20:28.190 - change our fees. 00:20:28.386 --> 00:20:34.570 - for five years, so we're gonna, we've placed the fee schedule on the November Plan Commission agenda, 00:20:34.570 --> 00:20:40.694 - and we will give you a draft of the Housing Progress Report in December, if that's okay. Give us the 00:20:40.694 --> 00:20:46.757 - 25 words or less on the fee schedule, just so everybody's aware. On the fee schedule? Yes. Why they 00:20:46.757 --> 00:20:51.486 - made it so they can't change it. So in the House Enrolled Act, they said that 00:20:51.586 --> 00:20:59.129 - You can only change your fees once every five years and that it cannot be a certain percent deviation 00:20:59.129 --> 00:21:06.746 - from the consumer pricing index or you have to host a hearing. So we're just hoping to tie up our fees 00:21:06.746 --> 00:21:14.363 - as nicely as we can so that if we have a five year time limit, they're as good as they can be for five 00:21:14.363 --> 00:21:19.614 - years. Yes, I think that's important because, you know, I have to say, 00:21:19.938 --> 00:21:28.235 - I'm really upset about the hiring freeze for the county. I can understand it for other units of local 00:21:28.235 --> 00:21:36.452 - government, but for our county, we're pretty sparse and thin. I mean, we have things covered just as 00:21:36.452 --> 00:21:45.156 - they should be, no more, no less. The roads are like that. And I think that the county planning department 00:21:45.156 --> 00:21:49.630 - is like that. And I have to go beg for somebody's job. 00:21:50.082 --> 00:21:59.640 - I think to me, so I think that the fee structure is one avenue through which when the county council 00:21:59.640 --> 00:22:09.482 - loses something like $4 million that we're able to recoup and secure a job position for our hardworking 00:22:09.482 --> 00:22:19.230 - county people. And I think that's an important thing to be more generous with yourselves in asking for 00:22:19.330 --> 00:22:26.790 - in terms of fees than conservative because it's putting us in a box of a four-year moratorium and you're 00:22:26.790 --> 00:22:34.037 - on job hiring moratoriums and things are about to change quite a bit. The other thing, Jackie, please 00:22:34.037 --> 00:22:41.710 - talk about how, whether we're in the black or in the red with respect to our fee structure and the revenues 00:22:41.710 --> 00:22:43.486 - we generate as a result. 00:22:44.450 --> 00:22:52.204 - We in previous years were able to cover about 20% of our overhead this year because of the fee increase. 00:22:52.204 --> 00:22:59.737 - We have seen a substantial amount more of fees coming in. So I'll be curious. We're going to run that 00:22:59.737 --> 00:23:07.934 - analysis soon because of budgeting coming up, but I bet we're close to 30% coverage of our overhead, but still 00:23:08.226 --> 00:23:16.315 - 70%. This is a direct contradiction of the goal of affordable housing, but we're being pushed into that 00:23:16.315 --> 00:23:24.016 - box. It's not right, but this is the box we're being pushed into if we have to be self-sustaining, 00:23:24.016 --> 00:23:30.238 - I think. We do a lot of inquiry, answering, so I think we estimated it was like 00:23:31.778 --> 00:23:38.446 - 40 phone calls per planner per month or something that we do. And we don't get paid for inquiries or 00:23:38.446 --> 00:23:45.246 - walk-ins or helping people with their plans. We only get paid if they actually pursue construction and 00:23:45.246 --> 00:23:51.848 - permitting and their variances, things like that. But we are mostly educating and things like that. 00:23:51.848 --> 00:23:58.582 - Yes. Just sort of as a word, the fees that we garner are placed in county general. They're not placed 00:23:58.582 --> 00:23:59.902 - in a separate fund. 00:24:00.386 --> 00:24:08.431 - And it's never been the intent ever to have the planning department become self-sufficient economically 00:24:08.431 --> 00:24:16.321 - because it does serve a public good beyond what rate payers pay for plans. So I don't anticipate that 00:24:16.321 --> 00:24:24.365 - that's the goal. You want to make it the goal? No. I don't think you want to make it the goal. The fees 00:24:24.365 --> 00:24:26.686 - would be very high. Yes. Yes. 00:24:26.786 --> 00:24:34.980 - To report back, I have not heard and planners have not heard complaints from people about the fee changes. 00:24:34.980 --> 00:24:42.637 - So that means I think that we were low, and I think that now we're more accurate. I know that there 00:24:42.637 --> 00:24:50.295 - are members in the building community who complain about the fees. They may not complain to us, but 00:24:50.295 --> 00:24:56.574 - I do know that they find it a hindrance sometimes to the work that they do. Sure. 00:24:57.154 --> 00:25:11.199 - there's a balance. Any more discussion on HEA 1001? If not, let's move on. OK. Sure. Let's move back 00:25:11.199 --> 00:25:25.662 - now. OK. So the Highland Park of States is located just east of Helensville, kind of at the Highway 46. 00:25:25.762 --> 00:25:34.039 - This is a status update on the subdivision. You guys kind of got a brief introduction to it last year 00:25:34.039 --> 00:25:42.234 - because of the fifth phase. This is the second phase that includes like Cheryl Drive and Emma Drive. 00:25:42.234 --> 00:25:50.998 - It does not have any financial guarantee on file. It still has not been accepted into the public inventory. 00:25:50.998 --> 00:25:52.702 - We have phase three. 00:25:53.282 --> 00:26:00.560 - We do have a surety bottom file with no expiration. Those were kind of difficult to collect. And it 00:26:00.560 --> 00:26:08.202 - consists of this amount. I think these are the only two lots that are not built out in this subdivision. 00:26:08.202 --> 00:26:15.626 - I think they're kind of just being preserved. But they did get sidewalks recently installed. And then 00:26:15.626 --> 00:26:18.974 - we have another phase four, consists of this. 00:26:19.586 --> 00:26:27.099 - looked at all of these together and there is a letter of credit on file for this one for $132,000. Again, 00:26:27.099 --> 00:26:34.329 - these three phases are not accepted into the county inventory yet. They do have some issues that need 00:26:34.329 --> 00:26:41.843 - to be addressed with regards to sidewalks, ADA compliance, cross slopes and driveways that were installed 00:26:41.843 --> 00:26:47.230 - incorrectly. So we've been, last year there, I guess it was in 2024, we had 00:26:47.554 --> 00:26:56.200 - The fifth phase, which was this little chunk up here, came before you all. And as a part of this petition 00:26:56.200 --> 00:27:04.439 - to kind of re-allow those five lots to be flatted, we required a, this is the five lots up here, but 00:27:04.439 --> 00:27:12.677 - we required a condition that the developer's written commitment to the Planning and Legal Department 00:27:12.677 --> 00:27:15.614 - stating the timeline for completion 00:27:16.066 --> 00:27:23.190 - of improvements with phase two, three, four and five regarding or requesting acceptance through the 00:27:23.190 --> 00:27:30.384 - county inventory. So to date we don't have a written commitment and this preliminary plat expires in 00:27:30.384 --> 00:27:38.078 - about one year from now. We have the letter of credit in August that will expire for phase four. So I think 00:27:38.786 --> 00:27:44.707 - You know, staff's been working with this developer. We've been kind of trying to nudge him along. We 00:27:44.707 --> 00:27:50.745 - even wrote a letter, a template letter that he would be able to send out to neighbors to let them know 00:27:50.745 --> 00:27:57.134 - that he needs to correct their driveway, their sidewalks in order to get this accepted into public inventory 00:27:57.134 --> 00:28:03.114 - and the county can push the snow out there rather than him. We have not, we've not to date heard that 00:28:03.114 --> 00:28:04.638 - this letter has gone out. 00:28:06.306 --> 00:28:13.692 - What we want is to have the developer complete all of these phases and get it done and into the inventory. 00:28:13.692 --> 00:28:20.664 - We do know that he's kind of on this timeline with the preliminary platform phase five set to expire 00:28:20.664 --> 00:28:27.706 - a year from now, which impacts kind of the other three phases. It's like there's not a carrot anymore 00:28:27.706 --> 00:28:35.230 - to some degree. And so I think we are just kind of wanting to have a discussion with the planning commission 00:28:35.906 --> 00:28:41.952 - about how to review these subdivisions that did not meet their performance period deadline. We never 00:28:41.952 --> 00:28:48.177 - really officially got an up-to-date estimate because the written commitment was supposed to cover that. 00:28:48.177 --> 00:28:54.164 - The written commitment for them to plot the five lots and sell those lots was going to hopefully be 00:28:54.164 --> 00:29:00.389 - the carrot to either give us an updated estimate with the financial guarantee behind it and the updated 00:29:00.389 --> 00:29:05.118 - performance bond document and the updated subdivision improvement agreement or 00:29:05.858 --> 00:29:13.012 - get all of those into the inventory, and then sure, go and plot it. So we don't have that yet. We are 00:29:13.012 --> 00:29:20.377 - kind of looking to see if should the developer go beyond March 5th, 2027 when the plot expires. We would 00:29:20.377 --> 00:29:27.601 - like to recommend the plan commissioned, not that the developer not receive any further approvals, and 00:29:27.601 --> 00:29:34.334 - that any funds available should be collected through the subdivision phases into the inventory. 00:29:34.786 --> 00:29:42.685 - I think we're just sort of putting it out there at this point in time. This developer has a year. We're 00:29:42.685 --> 00:29:50.811 - hoping that he kind of sees the writing on the wall, that we need to get this one done, because we thought 00:29:50.811 --> 00:29:58.558 - it was going to get done last year. We were being told it was going to. And yeah, we just want to see 00:29:58.558 --> 00:30:03.646 - that action. Anyone have any book? So our perfect world, since you 00:30:04.770 --> 00:30:12.035 - shown us the disconnects. If you were to correct those disconnects, what would be your recommendation 00:30:12.035 --> 00:30:19.299 - to us on how we proceed to do that? We're going to have discussion about it, but what do you think we 00:30:19.299 --> 00:30:26.635 - should do? I mean, I'm hoping that the message is sent that we need to see this done in the next year. 00:30:26.635 --> 00:30:34.398 - And that actually happens, and the corrections are made, and that this all gets accepted into the inventory. 00:30:34.818 --> 00:30:41.110 - and that he doesn't have to walk away from a five lot subdivision to the north, that he basically built 00:30:41.110 --> 00:30:47.220 - the infrastructure too. Like those roads were built, those sidewalks were done, and the street trees 00:30:47.220 --> 00:30:53.451 - are in. He just needs to finish out the rest of it and he can sell those five lots. So what we're kind 00:30:53.451 --> 00:30:59.622 - of hoping is that the message is loud and clear that it's very possible that come next March, we will 00:30:59.622 --> 00:31:03.070 - start collecting. How can we help you with that message? 00:31:03.842 --> 00:31:11.076 - That's a good question. We have told them that this is a meeting that's happening tonight, so they'll 00:31:11.076 --> 00:31:18.309 - be listening to the recording. I do think that it is important for us to understand both sides of the 00:31:18.309 --> 00:31:25.401 - coin, which is one side is that we want developers to finish their developments correctly, but that 00:31:25.401 --> 00:31:31.358 - we also have an ordinance that allows us to collect and bid out this work in-house. 00:31:31.458 --> 00:31:37.774 - The part of bidding it out and doing it in-house is difficult because at this time, we don't know if 00:31:37.774 --> 00:31:44.152 - the amount that we're going to collect is going to be sufficient to actually do the work. It might be 00:31:44.152 --> 00:31:50.593 - for phase three. It might be for phase four. We don't have an amount on file for phase two. When's the 00:31:50.593 --> 00:31:57.034 - last time that you sat down with the developer, the petitioner, or whatever we're calling this person, 00:31:57.034 --> 00:32:00.286 - and laid all of this out, just like you did for us, 00:32:00.386 --> 00:32:08.272 - and say, okay, how do we get to there? We call them once a month for the past six months. And what's 00:32:08.272 --> 00:32:15.689 - been a response when you call them? I will get to it. How often have you called? Once a month, 00:32:15.689 --> 00:32:23.653 - once a month. They're about six months. It's just like the whatever fire is burning brightest, right, 00:32:23.653 --> 00:32:27.166 - for some of these folks. There's not as much 00:32:27.842 --> 00:32:37.196 - We thought they were waiting on the construction season for winter because you can still pour concrete 00:32:37.196 --> 00:32:46.369 - in the winter and they were waiting for like the asphalt plant to shut down and then they were going 00:32:46.369 --> 00:32:47.550 - to get busy. 00:32:48.162 --> 00:32:53.830 - I think they've made, I mean, as we've called, they put in the street trees, which was a lot of people 00:32:53.830 --> 00:32:59.388 - calling and being upset about them putting in the street trees. So we get that. And then they put in 00:32:59.388 --> 00:33:05.111 - the sidewalks. Yeah. But now they're down sidewalks that were easy. Now the last part is the hard part, 00:33:05.111 --> 00:33:10.724 - which is going on to people's driveways, telling them, Hey, you can't access your house for a certain 00:33:10.724 --> 00:33:16.282 - period of time while I fix this issue. And I just, I think that that is the part where people really 00:33:16.282 --> 00:33:17.438 - don't want to do it. 00:33:17.634 --> 00:33:25.434 - Put it on my compliance hat again. If I were to look at each of these phases, you have a list of items 00:33:25.434 --> 00:33:33.082 - and non-compliance. Ben has sent them a list similar to what you saw with the Highlands parcel E. So 00:33:33.082 --> 00:33:40.730 - you can see where I'm going with that. In phase two, what are the non-compliance items? Phase three, 00:33:40.730 --> 00:33:46.334 - what are the non-compliance and so on? To me, that is the starting point. 00:33:48.034 --> 00:33:55.944 - the level of the playing field, these are the areas that you need to bring in compliance. And when it 00:33:55.944 --> 00:34:03.776 - comes to bonds, guarantees, funding, et cetera, that is a follow-up to that to ensure that we have a 00:34:03.776 --> 00:34:11.995 - levered leverage, okay, to enforce that compliance, right? Yes, but I mean, do we have ever the authority 00:34:11.995 --> 00:34:14.942 - to stop work until the compliance is, 00:34:15.106 --> 00:34:21.655 - Well, we kind of have. We cannot do anything with those five lots to the north at all. Like they cannot 00:34:21.655 --> 00:34:28.141 - be final plotted until they have a written commitment. The one thing that has been dodged is As-Built. 00:34:28.141 --> 00:34:34.564 - We've never had As-Built submitted. We did get As-Built for the rest of it not because they wanted to 00:34:34.564 --> 00:34:40.925 - go and make the corrections first before spending the money on As-Built. They didn't want to pay for 00:34:40.925 --> 00:34:44.766 - it twice. So we kind of maybe don't even have full extent of 00:34:45.250 --> 00:34:51.885 - How many cross slopes are off the driveways? Because we were promised that they were just going to get 00:34:51.885 --> 00:34:57.940 - it done first, then submit that. I see. Yeah. I see. I think we need to take kind of the list 00:34:57.940 --> 00:35:04.510 - of non-compliance by phase. And I think this is my own personal views. And I think we need to take in 00:35:04.510 --> 00:35:10.952 - a form of those non-compliance. How do we do that? Does this comes out from our ring funds? Or does 00:35:10.952 --> 00:35:14.430 - that come from signed out by the Planning Commission? 00:35:16.034 --> 00:35:22.815 - I don't know the answer to the question. For highway, I don't know. Highway can help to some degree, 00:35:22.815 --> 00:35:29.664 - but they are staff short for something like this. Yeah. Yeah. We need an engineer to go out there and 00:35:29.664 --> 00:35:35.774 - do that. You're saying this is Lisa? Ben Ayers does a lot of that field work, I would say. 00:35:35.906 --> 00:35:42.760 - But lately we've been trying to rely on the as-builts, but we cannot get them to do the as-builts until 00:35:42.760 --> 00:35:49.482 - they're getting closer acceptance. So then we try to say, do the work so you do the as-builts. That's 00:35:49.482 --> 00:35:56.270 - why we're having this discussion. Because we're getting the run around. I just don't know how to start 00:35:56.270 --> 00:36:02.992 - unless I know what's broken. So I need to know what's broken, and that's non-compliance. Then you can 00:36:02.992 --> 00:36:05.694 - address the funding aspect of it. Julie? 00:36:06.402 --> 00:36:13.772 - opinion is we should ask Dave what he thinks about this, what he thinks we should be doing. Well, I 00:36:13.772 --> 00:36:21.510 - think he should continue to work on it, but there's not much more he can do. We've had a lawsuit against 00:36:21.510 --> 00:36:29.028 - him to enforce, and it's been in the court for months. And the statutes keep changing to make it more 00:36:29.028 --> 00:36:34.334 - difficult for us to pursue. So all we can do is keep calling in, and if 00:36:34.658 --> 00:36:44.359 - If you want another lawsuit, we can do that, but it's not going to be a quick fix. Again, I don't understand 00:36:44.359 --> 00:36:53.526 - a lot of the fine points here, but life to me is always a series of sticks and carrots. How do you put 00:36:53.526 --> 00:37:02.782 - a stick on somebody like this? And it's like if a developer is at a point of not reliance on a project, 00:37:03.650 --> 00:37:09.932 - and he brings you something else, you just turn it over and say, we don't look at that until you're 00:37:09.932 --> 00:37:16.528 - in compliance with the other one. Is that something that is doable? It is not. Okay. Should I stop here? 00:37:16.528 --> 00:37:23.124 - Are homeowners in this neighborhood aware of this? And I'm asking the question because if the homeowners 00:37:23.124 --> 00:37:29.406 - are aware, maybe that's some more leverage and some more people that would be concerned about this. 00:37:30.530 --> 00:37:38.145 - I do think homeowners in the area are aware since the street tree discussion, they've been more aware 00:37:38.145 --> 00:37:45.611 - and we did do a update maybe a year or two ago on because of phase five and put this in the report. 00:37:45.611 --> 00:37:53.076 - So I do think they're aware and worried that the HOA has not been started. So there are no funds in 00:37:53.076 --> 00:37:59.646 - the HOA and they're seen writing on the wall all the things that they may have to cover 00:37:59.810 --> 00:38:09.158 - day one and there's no money in the account. I have a question regarding the sidewalks and the slopes 00:38:09.158 --> 00:38:18.598 - and ADA compliance. This is not the only site that this has happened on and is this something that has 00:38:18.598 --> 00:38:26.846 - recently changed or how do these builders keep missing this? Is it through convenience or 00:38:27.266 --> 00:38:34.294 - they're not understanding what's required of them? The percent maximum for ADA, the 2% is extremely 00:38:34.294 --> 00:38:41.533 - flat. I just think they're missing the mark by sometimes a little bit, sometimes a lot. But I do think 00:38:41.533 --> 00:38:48.702 - if we're going by the book and we're doing the 2%, it shows up and they don't necessarily, like James 00:38:48.702 --> 00:38:56.222 - said, do the as well per lot. They're not trying to add on to the cost before they transfer the ownership. 00:38:56.354 --> 00:39:03.756 - In an ideal world, you would build the driveway, build the sidewalk, street trees, house at the same 00:39:03.756 --> 00:39:11.379 - time, get those approved by law, maybe do it as built by law and transfer ownership and say, this one's 00:39:11.379 --> 00:39:19.001 - going to be compliant. We also have a timeline issue where things get developed over a series of years. 00:39:19.001 --> 00:39:21.566 - Phase two is approved in 06 or 07. 00:39:22.082 --> 00:39:30.560 - But we have to follow the ADA standards that are in place when we accept it because we take on the tour. 00:39:30.560 --> 00:39:38.796 - Yeah, I was just trying to drill down to see if this non-compliance was intentional or whether it was 00:39:38.796 --> 00:39:47.112 - through regulatory change or whether it was just through ignorance or not knowing what's required. And 00:39:47.112 --> 00:39:51.230 - so that does seem to be happening again and again. 00:39:51.906 --> 00:39:59.964 - So if I'm hearing it right, then that timeline between 2006 when they submitted it and 2026 is when 00:39:59.964 --> 00:40:08.021 - different regulations have changed that caused their non-compliance. For phase two, it was approved 00:40:08.021 --> 00:40:16.079 - back. I think it was recorded in 07. But I do think that I would have to check when the cross slope 00:40:16.079 --> 00:40:18.174 - was updated last for ADA. 00:40:19.298 --> 00:40:28.908 - I'm sorry, I'll smoke this thing the same, but other ADA, truncated domes and things of that. Okay. 00:40:28.908 --> 00:40:38.613 - Yeah. Why the truncated domes? The plates, you see it, cross slots. Buttons. The raised. Yeah. Yeah. 00:40:38.613 --> 00:40:47.550 - Okay. The domes. The domes. Okay. So if you would like, we can come back with a more refined 00:40:47.650 --> 00:40:54.910 - report where we show the lots that are non-compliant for you. I was just checking with Tammy. I was 00:40:54.910 --> 00:41:02.243 - asking her, do you recall how many driveways are compliant? And you said almost all of them are not. 00:41:02.243 --> 00:41:10.302 - So to give me a list. If I could see it broken down by two, three, four by fakes. So you have a nice list. No? 00:41:10.722 --> 00:41:19.551 - Oh, and he said that will not. I said that wouldn't be a cheap thing. So I'm sure there's elevation 00:41:19.551 --> 00:41:29.086 - problems. Oh, okay. Thank you. Okay. Well, we, I just, I mean, so we're really, we have good relationships. 00:41:29.086 --> 00:41:33.854 - So this doesn't happen. And in what role does highway 00:41:34.018 --> 00:41:40.417 - I want to answer where the state comes to clarify for me what role was Highways might think that you 00:41:40.417 --> 00:41:47.006 - would do with coming up with a list of non-compliance? So the PIN is already a compilable list in terms 00:41:47.006 --> 00:41:53.532 - of the inspection report, but as far as, like, sidewalks, we usually rely on the developers submitting 00:41:53.532 --> 00:41:59.614 - ASVILT. The Highway Department reviews those for compliance, finds anything that's not correct. 00:41:59.938 --> 00:42:06.136 - And then we can develop a new estimate from those as-built saying, oh, you have to rip up sidewalk here, 00:42:06.136 --> 00:42:12.157 - fix it. And we know we can come up with a pretty good cost estimate and then even add inflation if we 00:42:12.157 --> 00:42:18.532 - think it's going to take a long time. But we just don't have, if not have cooperation on joining as-builts. 00:42:18.532 --> 00:42:24.494 - Because we assume they've been getting, this was going to be done last summer. And then this winter. 00:42:24.494 --> 00:42:26.206 - Should be on the list again. 00:42:28.866 --> 00:42:35.322 - I think in the next step we mentioned to the developer, we'd be discussing this tonight. We'll send 00:42:35.322 --> 00:42:41.971 - them the meeting recording and just let them know, you know, we'll continue to follow up with you. But 00:42:41.971 --> 00:42:48.427 - our hope and our intent is to cash the letter of credit by March of next year and not allow for the 00:42:48.427 --> 00:42:54.883 - renewal if possible of the subversion phase five. And hopefully that allows them enough time now to 00:42:54.883 --> 00:42:58.046 - work backwards to get all of the driveways done. 00:42:59.618 --> 00:43:06.791 - they want to go ahead and get it accepted. So when's the next time we'll see this? We can, as I mentioned, 00:43:06.791 --> 00:43:13.026 - we can include the inspection report from Ben. We can do more visuals, but without an ASPIL, 00:43:13.026 --> 00:43:19.931 - as Tammy said, I don't feel comfortable coming. We wouldn't be able to come up with a new estimate for 00:43:19.931 --> 00:43:26.835 - phase two, like for instance, if we wanted to require that. So, but we could ask them for an estimate. 00:43:26.835 --> 00:43:27.774 - It's kind of, 00:43:27.906 --> 00:43:34.505 - up to you all if you want us to prompt them to say, okay, instead of waiting until March of next year, 00:43:34.505 --> 00:43:41.231 - we would like to solidify better letter of credit for phase two and phase three, which is a surety bond. 00:43:41.231 --> 00:43:48.022 - Give us your new estimate by X date and we'll put you on the planning commission because we can certainly 00:43:48.022 --> 00:43:54.685 - do that based on the code by this point. I think that's a good idea. Yes. Okay. So before then, anybody 00:43:54.685 --> 00:43:56.030 - else object to that? 00:43:56.578 --> 00:44:04.034 - I mean, that makes more sense to me. This is moving it down the road a little bit further and putting 00:44:04.034 --> 00:44:10.685 - expectations on the table. We'll obviously have to expand at some point if in fact there's 00:44:10.685 --> 00:44:17.995 - more non-compliance, because you've got stuff somewhere. Okay, so we'll ask for phase two and phase 00:44:17.995 --> 00:44:23.038 - three to require a new engineer estimate for remaining improvements. 00:44:29.474 --> 00:44:36.642 - his braids like art, you know? This doesn't have to be in there. Do you want it also for phase four, 00:44:36.642 --> 00:44:44.448 - which is a letter of credit that would be renewing in August for $123,000? You confirm that that's renewable? 00:44:44.448 --> 00:44:52.112 - Well, it's renewable by his consent. Well, banks have a certain amount of time they can decide to non-renew 00:44:52.112 --> 00:44:59.422 - those. So if that's been communicated to him, he doesn't necessarily actually communicate that to you. 00:44:59.586 --> 00:45:06.260 - So it might be worth checking with whichever financial institution is holding that instrument within, 00:45:06.260 --> 00:45:13.130 - I'd say, 30 days about just finding out, is there a renewal plan for this? And if there's not, I suppose 00:45:13.130 --> 00:45:19.673 - that's one we could actually. Sure, go ahead. Phase two, when did that lapse that we no longer have 00:45:19.673 --> 00:45:26.412 - a financial instrument there? We didn't have a letter of credit. So it was with the highway department 00:45:26.412 --> 00:45:28.702 - at the time. And I believe that it 00:45:28.898 --> 00:45:36.113 - It had a date of like January 2nd, January 3rd. This year? No, several years ago. Okay. And I think 00:45:36.113 --> 00:45:43.617 - the person had not updated their calendar. True. And also vacation, weirdness, and it just felt a weird 00:45:43.617 --> 00:45:51.049 - calendar date. Gotcha. So do you have any sort of resource when you ask for an instrument on this that 00:45:51.049 --> 00:45:53.214 - they say, yeah, I'll do that? 00:45:54.306 --> 00:46:02.342 - I think we would ask the developer at this point to repost it, to give us just a brand new one. But 00:46:02.342 --> 00:46:10.700 - can they push back and say no? Yes, and then I think I'd go to the legal department. Yeah, they're only 00:46:10.700 --> 00:46:18.817 - this far along. That's right. I would say something. Right. These are not comfortable cubs. And I do 00:46:18.817 --> 00:46:21.630 - think they have some pride in this 00:46:22.370 --> 00:46:28.490 - subdivision, they want to see it done and they don't want to push the snow out here forever. So there 00:46:28.490 --> 00:46:34.490 - are some other, like there's, there are some small parts. And walking this is not anything like the 00:46:34.490 --> 00:46:40.430 - Wickens project that you've seen. It's not like Holland fields. Holland fields. There are no like, 00:46:40.430 --> 00:46:46.490 - oh my gosh, that is going to be a huge problem. It's more subtle. So I think this is all achievable, 00:46:46.490 --> 00:46:50.750 - which is why we've just been hoping that they would just be motivated. 00:46:51.234 --> 00:46:59.389 - So real engineering feats that need to happen. What did you say? Renewable ones. It's 8.5. So could 00:46:59.389 --> 00:47:07.544 - we give the developer until beginning of August so that we can report back on this renewability and 00:47:07.544 --> 00:47:15.454 - then have them hopefully come up with new estimates for phase two and three? Is that doable? OK. 00:47:17.506 --> 00:47:23.928 - Are you going to give them a timeline for when they need to have that phase two instrument to you? Because 00:47:23.928 --> 00:47:30.050 - I think if you've got it open ended, it might be what they do this. Right. So do you get to give them 00:47:30.050 --> 00:47:36.231 - like 60, 90 days, something along that line? If this went to the August Plan Commission administrative 00:47:36.231 --> 00:47:42.713 - meeting, that would give them enough time to give us, definitely enough time to give us engineer estimates, 00:47:42.713 --> 00:47:46.014 - possibly as built if they're able, if they're willing. 00:47:46.210 --> 00:47:53.556 - I would hope that we would approve the estimate with the necessary inflation, and then they would be 00:47:53.556 --> 00:48:01.193 - able to post it like within the next week or two. So, lining up, it's really helpful for staff, although 00:48:01.193 --> 00:48:08.466 - it never happens, but if you can line up the letter of credit expiration dates by seven weeks, then 00:48:08.466 --> 00:48:16.030 - we can have a bigger conversation with them a little bit. Any other questions on this? Okay, come back. 00:48:20.994 --> 00:48:28.041 - And then, like I mentioned, this one is being continued. It is close. So we're working with them on 00:48:28.041 --> 00:48:35.088 - that. This item was continued because they still do not have information from the Eagle Bay one and 00:48:35.088 --> 00:48:42.205 - two consent and easement agreement. This item was requested for continuance as well. They're working 00:48:42.205 --> 00:48:49.182 - on an easement, I think. And so we're down to the minor subdivision, the foster minor subdivision. 00:48:50.786 --> 00:49:01.092 - This is a pretty simple minor subdivision to create four lots. The reason that this is before you all 00:49:01.092 --> 00:49:11.500 - and not a Platte Committee decision is because they are requesting one waiver, which is to the special 00:49:11.500 --> 00:49:16.350 - flood hazard area assets requirement of 832-95. 00:49:17.346 --> 00:49:27.837 - basically the petitioners existing home and lot gains access to what's mapped as special foot hazard 00:49:27.837 --> 00:49:38.224 - area, but that it was actually improved by the county when a bridge was put in just south of it. So 00:49:38.224 --> 00:49:46.014 - we are recommending approval of the waiver. So that is your consideration. 00:49:46.210 --> 00:49:53.766 - at the regular meeting. And they're quite large lots. All of them have well over an eight-year of building. 00:49:53.766 --> 00:50:00.972 - They've met all the requirements for submitting soil tests or wastewater permits. There's some history 00:50:00.972 --> 00:50:08.457 - with this that you saw at the top about how they received the variance for technically a data, but they're 00:50:08.457 --> 00:50:14.334 - committing the subdividing and then the written commitment that they submitted will 00:50:14.466 --> 00:50:21.319 - eventually get rid of the allowance for the data and it'll just become a single family home on a single 00:50:21.319 --> 00:50:27.909 - lot. So they are meeting everything else except for the access waiver, single floodplain. I'll show 00:50:27.909 --> 00:50:31.006 - you a picture of that. Let's see where we are. 00:50:42.274 --> 00:50:51.342 - This is the existing driveway. Here's the bridge that we put in in 2015-20. And then there's a quite 00:50:51.342 --> 00:51:00.410 - significant culvert under this drive as well. There's a topography change pretty quickly here, which 00:51:00.410 --> 00:51:09.928 - makes it so that to relocate this drive would be actually more environmentally destructive in our opinion 00:51:09.928 --> 00:51:11.454 - than to keep it. 00:51:11.714 --> 00:51:18.260 - And this culvert seems to be functioning well, and there doesn't seem to be any issues in the density 00:51:18.260 --> 00:51:24.741 - out here is pretty low as well, and it's an existing driveway. So otherwise, in the code, we do have 00:51:24.741 --> 00:51:31.415 - ones that gives exception to existing drives that have this issue, but because they're creating density 00:51:31.415 --> 00:51:34.110 - to the north, then this has to get lower. 00:51:37.186 --> 00:51:50.282 - There's the buildable area map with the topography that kind of shows how the challenges that they would 00:51:50.282 --> 00:52:04.126 - have if they needed to redo it. This is right here. This is 25% here. Still floodplain. It was a new driveway. 00:52:04.834 --> 00:52:13.336 - Yes, we might not be supporting that. That's why we're trying to make sure things are good for the future 00:52:13.336 --> 00:52:21.436 - as well. So here's a lot of configuration. So all the other lots would actually be accessing off of. 00:52:21.436 --> 00:52:29.697 - So their driveways are up here, way out of the floodplain, which is down here. So the Supply Committee 00:52:29.697 --> 00:52:34.750 - looked at this? Yes. Oh, sorry. No, they didn't have a quorum. 00:52:36.290 --> 00:52:44.072 - but it can go to the Black Committee if we'd like it to go this month, or it can just go to Black Commission 00:52:44.072 --> 00:52:51.568 - regular for a decision. If you all would like to forward this to the Black Committee, although I believe 00:52:51.568 --> 00:52:58.779 - most members of the Black Committee are here right now, so if you don't wanna hear it twice, then it 00:52:58.779 --> 00:53:03.134 - can go to the Black Commission. Any questions on this? Okay. 00:53:09.954 --> 00:53:19.207 - And the last item is the County Development Ordinance changes. This is, I will say that the timeline 00:53:19.207 --> 00:53:28.642 - for this was also driven by, there was a Senate Enrolled Act, I believe it was 425, where they created 00:53:28.642 --> 00:53:38.078 - an allowance for bi-right energy production zones, which in fact, it could capture anything from small 00:53:38.498 --> 00:53:45.905 - nuclear battery energy storage system was recently added to that. And so we realized that in our code, 00:53:45.905 --> 00:53:53.167 - we had an umbrella category of major utilities that was pretty broad, where some of these other uses 00:53:53.167 --> 00:53:59.999 - could fit under. And as a discussion from the ordinance review committee, we wanted to address 00:53:59.999 --> 00:54:06.974 - and particularly add information about small modular nuclear and battery energy storage systems. 00:54:07.458 --> 00:54:14.550 - So the moratorium under that Senate and World Act 425 ends July 1 of this year. So if we can get this 00:54:14.550 --> 00:54:21.711 - text amendment before that moratorium, then we have in place sort of a regulatory ability to make sure 00:54:21.711 --> 00:54:28.664 - that any new proposals come in and follow the CDO if we're allowed to regulate them. The Senate and 00:54:28.664 --> 00:54:35.617 - World Act also made it so that we cannot regulate certain things if they're done on a property that 00:54:35.617 --> 00:54:36.382 - wasn't old 00:54:36.482 --> 00:54:44.295 - mine or an energy production facility, it was starting to kill a lot, which we're not sure that we have 00:54:44.295 --> 00:54:51.882 - by definition. But we just spoke down in our eyes and passed it on to this. Yes. So just to clarify, 00:54:51.882 --> 00:54:59.770 - you've added it, but you noted that it's not, the use is not permissible, right? So it's, yeah. So it's, 00:54:59.770 --> 00:55:05.630 - when you read it here, it looks like we're adding it in all instances. Right. 00:55:05.954 --> 00:55:17.263 - And I'll bring you to the use table. Not for a minute. Yeah. Thank you. Yes. I had a little mini heart 00:55:17.263 --> 00:55:28.353 - attack. And I'll go ahead and go through the actual changes. I could do that too. So let me fix that 00:55:28.353 --> 00:55:35.710 - summary there. OK, so the first change that we have are also worth 00:55:36.002 --> 00:55:42.762 - and having some staff changes as we use the code and make sure it's clear. So we're adding some information 00:55:42.762 --> 00:55:49.273 - about people are confused about the front sit back when they're accessing through an easement. So we're 00:55:49.273 --> 00:55:55.783 - adding some information about what they should look into for the definition. So that's just the clarity 00:55:55.783 --> 00:56:02.168 - point. And we've added that. We forgot a footnote to be 10 instead of one. So we added that. So there 00:56:02.168 --> 00:56:04.734 - was some clarity there. That's the same. 00:56:05.954 --> 00:56:20.351 - This is under the RNH summary, dimensional standards. We had actually shifted everything down. So we're 00:56:20.351 --> 00:56:33.086 - shifting it correctly now. So it's not a substantive change. It's just a fixed staff error. 00:56:33.538 --> 00:56:46.750 - Battery energy storage system. We're adding it as conditional to the IP zone and then also to the only 00:56:46.750 --> 00:57:00.091 - have to add school in every zone per state code as well. We added it to heavy industrial. And then this 00:57:00.091 --> 00:57:01.630 - is airport. 00:57:02.146 --> 00:57:10.342 - You had to add school to airport and mineral extraction? Yes, by state code, it has to be permitted 00:57:10.342 --> 00:57:18.785 - and everything. The limestone school would be an island. Rocks. Yeah. Yeah, so school is now permitted 00:57:18.785 --> 00:57:27.145 - with seedlings and everything. Wow. Wow. Is they so cheap? Maybe on the airport runway, you know, you 00:57:27.145 --> 00:57:30.014 - have to be able to extract it all. 00:57:30.594 --> 00:57:37.639 - Battery energy storage system is conditional, and that matches the major utility zones where those are 00:57:37.639 --> 00:57:44.616 - allowed as well. So like an electric substation, for instance, would be similarly in these zones. And 00:57:44.616 --> 00:57:51.593 - then we put together standards, which I will get to. And then they change all of these letters. Small 00:57:51.593 --> 00:57:57.886 - modular nuclear reactor we're adding is just not permitted, so we'll fix that in a summary. 00:58:07.874 --> 00:58:13.892 - And then these are the standards for a battery energy storage system. We looked into what the state 00:58:13.892 --> 00:58:20.031 - application requires. And then since we're not allowed to overlap with their requirements, we came up 00:58:20.031 --> 00:58:26.049 - with some other guiding information that we would like to have. And we used some case examples that 00:58:26.049 --> 00:58:32.248 - our O'Neill fellow put together for some other battery energy storage systems around the state and how 00:58:32.248 --> 00:58:36.702 - they applied to get approval. We were able to look at their applications. 00:58:36.930 --> 00:58:43.908 - and see what was helpful. So we're asking for making sure that they have an application with the Department 00:58:43.908 --> 00:58:50.434 - of Homeland Security, which mostly checks for like fire protection and the state actually does those 00:58:50.434 --> 00:58:57.218 - inspections. It prevents our building department, local building department from inspecting these sites. 00:58:57.218 --> 00:59:03.873 - It's only the state that can inspect them. So, and then a transportation plan, a drainage plan, visual 00:59:03.873 --> 00:59:06.910 - screening with a certain buffer yard laid out, 00:59:07.810 --> 00:59:15.371 - statement of compliance about noise. So we did some research about noise zoning setbacks 200 feet from 00:59:15.371 --> 00:59:22.712 - the residential and 50 feet from any other property and then the decommissioning plan if it gets to 00:59:22.712 --> 00:59:30.127 - that point. And so there's nothing in there about the size, the overall size because that state says 00:59:30.127 --> 00:59:31.742 - you can't limit that. 00:59:32.162 --> 00:59:39.447 - I think that we were in the discussion with the Ordinance Review Committee and Kirkley-Farmeron, we 00:59:39.447 --> 00:59:47.097 - were looking at the overall maximum previous cover. And I don't know, we talked about like housed versus 00:59:47.097 --> 00:59:54.455 - the unhoused battery energy storage systems. I don't think we were allowed to mandate that. We could 00:59:54.455 --> 01:00:01.886 - break it out into like large and small if we wanted to by each, I'd say with our different standards. 01:00:02.050 --> 01:00:11.738 - I guess my question then is, what are the different standards? I mean, and what is large, what is small? 01:00:11.738 --> 01:00:21.611 - I would have seen like number of feet, thousands of square feet size or whatever, but we can't say covered 01:00:21.611 --> 01:00:30.654 - or not. And we can't do anything with impervious versus pervious. We can't do anything like that. 01:00:30.786 --> 01:00:40.540 - This is a general note for the zoning. The fly zone has the impervious standard. OK, so that would apply 01:00:40.540 --> 01:00:49.923 - here. Got it. OK, OK, OK. All right, that works for me then. OK, thank you. Thanks for the reminder. 01:00:49.923 --> 01:00:59.305 - There's some staff corrections and data numbering here. This has recently come up, so I want to make 01:00:59.305 --> 01:01:00.606 - sure this was 01:01:00.962 --> 01:01:11.314 - So we have permitted projections into setbacks. So we are changing this just from detached garages can 01:01:11.314 --> 01:01:21.767 - project two feet into the setback to the roof can predict two feet. And then we realized what you can't 01:01:21.767 --> 01:01:28.702 - be. We did not have the 0.99%. Someone was caught between 19 and 20. 01:01:31.874 --> 01:01:45.199 - Changing some language to be consistent. Under our sidewalk requirements for subdivisions and also site 01:01:45.199 --> 01:01:58.012 - plans, we're changing the requirement to only be related to five priority road or greenway corridor 01:01:58.012 --> 01:02:00.318 - areas of the map. 01:02:00.834 --> 01:02:07.950 - and we're getting rid of the moderate priority road improvement. So there is going to be less triggers 01:02:07.950 --> 01:02:14.997 - for sidewalks or subdivisions in site plans, but we realize that there's a lot of overlap between the 01:02:14.997 --> 01:02:22.044 - moderate and the other requirements, such as if it's within an urban area boundary as defined. We are 01:02:22.044 --> 01:02:29.021 - finding that some of the sidewalks on moderate priority were leading to, for instance, we had one on 01:02:29.021 --> 01:02:30.334 - North Business 37, 01:02:30.594 --> 01:02:36.960 - that was going up to the interstate. So we don't necessarily want to encourage people to go that way 01:02:36.960 --> 01:02:43.766 - when there's another path nearby. So we're just finding that some of the sidewalks that were being required 01:02:43.766 --> 01:02:50.573 - were not maybe the best locations. And we do want to take a new look at the map, alternative transportation 01:02:50.573 --> 01:02:57.758 - map, and come back to this. But this is kind of an immediate fix for some of the things that we've been noticing. 01:03:01.890 --> 01:03:11.019 - good catches. This was a correction that we feel is helpful. So there's an exception under the eco chapter 01:03:11.019 --> 01:03:20.149 - for building. And we want to make sure it was clear in approving an exception for single family residence. 01:03:20.149 --> 01:03:28.681 - We had something about house footprint not exceeding 2500 square feet in total. And we want to make 01:03:28.681 --> 01:03:31.070 - sure that that's clear that 01:03:31.362 --> 01:03:38.237 - that's for when the house partially encroaches on the non-buildable area because they have no other 01:03:38.237 --> 01:03:45.180 - buildable area on the site. So if they don't meet other standards such as they're not two and a half 01:03:45.180 --> 01:03:52.054 - acres in size, but they're totally on flat ground, we don't necessarily need to make sure the house 01:03:52.054 --> 01:03:58.654 - is less than 2,500 square feet. So we're fixing that here. These are just some written on here. 01:04:05.442 --> 01:04:13.248 - This is the information about when we can pay members of the planning commission for your attendance. 01:04:13.248 --> 01:04:21.437 - So we're listing those out as well. And then we're defining battery energy storage system with exceptions. 01:04:21.437 --> 01:04:29.166 - This is actually in the state code as well. So we're utilizing their definition in this part. Making 01:04:29.166 --> 01:04:33.758 - some fixes. We had two new definitions, but the same thing. 01:04:35.426 --> 01:04:43.318 - The screen is there. And then just being a little bit clearer with a picture so that people can understand 01:04:43.318 --> 01:04:50.841 - what we mean when we're saying that if you're accessing through an easement, which side is your front 01:04:50.841 --> 01:04:58.217 - yard? So if you're accessing from an easement, we'd say that this line is your front based on where 01:04:58.217 --> 01:05:05.150 - the easement is and your house placement, as opposed to this being your front line, which was 01:05:05.282 --> 01:05:13.282 - what we used to do because that was the closest to the right way. We take this aside. So that's a little 01:05:13.282 --> 01:05:21.434 - bit different, and that's been helpful. And then we also just made sure it was clear that we are excluding 01:05:21.434 --> 01:05:29.129 - major utilities from small modular nuclear and battery energy storage as we define those two things. 01:05:29.129 --> 01:05:32.862 - And then this is the definition we came up with. 01:05:37.442 --> 01:05:50.929 - Okay, and that's the extent of the changes. Any questions? Good work. Okay, so this will go to the April 01:05:50.929 --> 01:06:03.902 - 21st meeting if you're requesting a waiver final hearing and then it definitely be in by the market. 01:06:04.674 --> 01:06:24.638 - I don't have anything else. We just want to hear when everything goes well. Okay. Thank you all. Thank you.