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[00:00:02]

GOOD EVENING.

WE CALL THE APRIL 18TH, 2024 MEETING OF THE GLAND

[1. Call To Order]

COUNTY PLANNING COMMISSION.

TO ORDER FOR THE RECORD, WE DO HAVE A QUORUM FOR TONIGHT'S MEETING.

WILL EVERYONE PLEASE RISE FOR THE PLEDGE OF ALLEGIANCE AND REMAIN STANDING FOR THE INVOCATION GIVEN BY MR. PATEK, I ALLEGIANCE

[2. Pledge of Allegiance]

TO THE FLAG, THE UNITED STATES OF AMERICA, AND TO THE REPUBLIC FOR WHICH IT STANDS, ELIMINATION UNDER INDIVISIBLE LIBERTY FOR ALL.

DEAR LORD, AS WE MEET TODAY,

[3. Invocation - Led By Mr. Pituck]

PLEASE BE WITH US, GUIDE OUR THOUGHTS, IDEAS, AND DECISIONS.

BLESS ABUNDANTLY ALL WHO ARE PRESENT.

COME BE WITH US, INSPIRE US, AND LEAD US IN OUR TIME TOGETHER.

WE ASK THIS IN YOUR NAME, AMEN.

AMEN.

OUR FIRST ITEM OF BUSINESS THIS EVENING IS ELECTION OF OFFICERS.

UH, WE WILL NEED A MOTION AND A VOTE

[4. Election of Officers]

FOR CHAIR, AND WE WILL ALSO NEED A MOTION AND A VOTE FOR VICE CHAIR.

I'D LIKE TO MAKE A MOTION, UM, THAT MR. PUCK WILL BE THE CHAIRMAN OF THE 2024, UM, PLANNING COMMISSION FOR GLAND COUNTY.

AND I SECOND THAT MOTION.

ALL IN FAVOR? AYE.

AYE.

ALL RIGHT.

AND THEN WE NEED A MOTION AND A VOTE FOR VICE CHAIR.

I'LL MAKE A MOTION TO APPROVE MR. COSBY AS VICE CHAIR.

I'LL SECOND.

OKAY.

ALL IN FAVOR? AYE.

CONGRATULATIONS MR. PATEK.

THANK YOU.

MM-HMM, .

UM, FIRST ITEM IS APPROVAL OF MINUTES.

I KNOW ALL OF YOU HADN'T BEEN HERE,

[5. Approval of Minutes]

BUT WE NEED TO APPROVE THOSE MINUTES ANYWAY, SO IF THERE'S A MOTION TO APPROVE MINUTES, I'LL MAKE A MOTION TO APPROVE THE MINUTES FROM

[A. Minutes of Mar 21, 2024 6:30 PM]

THE MARCH PLANNING COMMISSION MEETING.

SECOND.

ALL IN FAVOR? AYE.

AYE.

THANK YOU.

UM, CITIZEN COMMENT, WOULD ANYBODY LIKE TO COME UP AND SPEAK ABOUT ANYTHING ON THEIR MIND OTHER THAN

[6. Citizen Comment Period]

BUSINESS TONIGHT? OKAY.

WE WILL CLOSE.

CITIZEN COMMENT.

AND MS. PARKER, DO WE HAVE ANY REQUESTS? WE HAVE NO REQUEST TO DEFER, ADDITIONS,

[7. Requests to Defer, Additions, Deletions, or Changes to the Order of Public Hearings]

DELETIONS, OR CHANGES TO THE ORDER OF THE PUBLIC HEARINGS.

OUR FIRST PUBLIC HEARING ITEM TONIGHT IS IN DISTRICT THREE, CU 20 24 7, APPLICATION BY TAMARA

[8. Public Hearing Items]

DOUGLAS ADAMS,

[1. District 3 - CU-2024-00007 Application by Tamra and Douglas Adams (dba Adams International School) requesting to renew conditional use permit (CUP) CU-2013-00003 for a school, bed and breakfast, day camp, and public assembly place on 126.8 acres at 1655 Broad Street Road on Tax Map Nos. 32-1-0-77-0, 32-1-0-77-A, 32-1-0-77-B, and 32-1-0-77-C. The property is zoned Agricultural, Limited (A-2). A CUP is required by County Zoning Ordinance Sec. 15-112 in accordance with Secs. 15-285.G. and 15-290. The Comprehensive Plan designates this area as Rural Enhancement Area]

DBA ADAMS INTERNATIONAL SCHOOL, REQUESTING TO RENEW CONDITIONAL USE PERMIT, C-U-C-U-P CU 20 13 3 FOR A SCHOOL BED AND BREAKFAST DAY CAMP AND PUBLIC ASSEMBLY PLACE ON 126.8 ACRES AT 1655 BROAD STREET ROAD ON TAX MAP NUMBERS 32 1 0 77 0 32, 1 77, A 32 1 77 B AND 32 1 77 C.

THE PROPERTY IS OWNED AGRICULTURAL LIMITED.

A TWO A CUP IS REQUIRED BY COUNTY ZONING ORDINANCE SECTION 15 1 12 IN ACCORDANCE WITH SECTION 15 2 80 5G AND 15 2 90.

THE COMPREHENSIVE PLAN DESIGNATES THIS AREA AS RURAL ENHANCEMENT AREA.

THANK YOU, MS. PARKER.

MEMBERS OF COMMISSION, TOM COLEMAN, PRINCIPAL PLANNER.

AS MS. PARKER SAID, THIS IS A RENEWAL OF A CUP.

UM, A LITTLE BIT MORE COMPLICATED THAN SOME.

IT'S, UH, FOUR DIFFERENT USES.

UM, THEY WERE APPROVED AT TWO DIFFERENT TIMES IN THE PAST FIVE DIFFERENT BUILDINGS.

BUT STICK WITH ME AND I THINK WE'LL GET THROUGH THIS.

UM, I MIGHT BE A LITTLE DELIBERATE OVER A COUPLE OF, UH, THE ITEMS JUST TO, UH, TRY TO MAKE SURE THAT, UH, WE UNDERSTAND WHAT THE APPLICATION IS.

UH, THIS IS CENTRALLY LOCATED IN THE COUNTY, JUST, UH, WEST OF THE OILVILLE INTERCHANGE.

LOOKING AT THE, UM, ERROR PHOTOGRAPH, YOU CAN SEE THAT THE, THERE'S A SORT OF A RURAL CHARACTER, RURAL RESIDENTIAL CHARACTER TO THIS AREA.

UM, BEING ON, ON THE SOUTH LINE, REALLY SORT OF THE SOUTHWEST QUADRANT OF, UH, BROAD STREET ROAD AND FAIRGROUND ROAD.

UM, IT DOES ABUT TWO SUBDIVISIONS, INCLUDING THE, THE PRESERVED, UH, AT DEERFIELD TO THE SOUTH AND BRIDGEWATER TO THE NORTH.

UM, LOOKING AT THE CONFERENCE PLAN, THE SUBJECT PROPERTY AND MOST OF THE SURROUNDING PROPERTIES DO SHARE A RURAL ENHANCEMENT AREA DESIGNATION.

THERE'S A DESIGNATION FOR SOME UNDEVELOPED PROPERTY TO THE EAST OF LONG FAIRGROUND ROAD.

UH, THE SUBJECT PROPERTY AND MANY OF THE SURROUNDING PROPERTIES ARE ALSO ZONED AGRICULTURALLY.

UM, THERE IS SOME RESIDENTIAL ZONING TO THE SOUTH AND TO THE NORTH THAT ARE ASSOCIATED WITH THE PRESERVE AT DEERFIELD.

AND, UM, BRIDGEWATER, JUST A BRIEF HISTORY OF THE SITE.

UM, THERE WAS A CUP APPROVED FOR A SCHOOL AND A DAY CAMP THAT WAS ORIGINALLY APPROVED IN 2009.

[00:05:01]

UM, THERE WAS A PUBLIC ASSEMBLY PLACE.

PUBLIC ASSEMBLY PLACE IS OUR ZONING TERM FOR LIKE WEDDING VENUES, EVENT VENUES AND THINGS LIKE THAT.

UH, THAT AND ABETTING BREAKFAST WERE APPROVED IN 2013.

UH, THE APPLICANTS RESIDE ON THE PROPERTY AND OPERATE THE SCHOOL IN THE WEDDING EVENT VENUE, AND THEY ALSO OWN THE PROPERTY ACROSS THE STREET THAT'S KNOWN AS THE SOUTH SEARS PROPERTY.

UM, WITH THIS APPLICATION, THE APPLICANTS DID NOT REQUEST ANY CHANGES, UH, TO THE OPERATIONS OR THE FACILITIES, AND THIS IS THE, THE FIRST RENEWAL THAT THEY'VE COME BEFORE THE COUNTY, SINCE THEIR 2013, UH, APPROVAL.

UM, LOOKING AT THE, SOME OF THE PICTURES OF THE BUILDINGS AND SOME OF THE ACTIVITIES HERE, UM, I THINK I HAVE THIS RIGHT, BUT I'M SURE THE APPLICANT WILL CORRECT ME IF I, UH, IF I'VE, UH, MISIDENTIFIED ANY OF THESE ACTIVITIES.

BUT, UM, WE'LL GET TO A KIND OF A BLOW UP OF THE AREA PHOTO IN A MOMENT.

UM, THE SCHOOL BARN IS REALLY PROBABLY THE LARGEST STRUCTURE ON THE SITE.

UM, THEY DO USE THE UPSTAIRS FOR SOME SCHOOL RELATED ACTIVITIES AND MAYBE SOME OF THE SPECIAL EVENTS.

UM, AND THE DOWNSTAIRS HAS SOME SCHOOL USES AND SOME OFFERS, OFFICE RELATED USES.

UM, WHEN WE GET INTO THE CONDITIONS, AND I'LL GET INTO MORE OF THIS IN A MINUTE, UH, THIS IS ONE OF THE LARGER BUILDINGS AND HAS SOME LARGER DRAIN FIELD CAPACITY, SO IT DOES OFFER A LITTLE MORE FLEXIBILITY MAYBE THAN SOME OF THE OTHER STRUCTURES ON SITE.

THEY ALSO HAVE SOMETHING CALLED THE RED BARN, WHICH IS LOCATED IN CLOSE PROXIMITY AND SORT OF JUST SOUTH OF THAT, UH, THAT'S ALSO USED FOR SPECIAL EVENT ACTIVITIES.

UM, YOU SEE FROM THEIR PHOTO, THERE'S A CLEARED AREA AROUND IT, AND THAT'S USED FOR OUTDOOR ACTIVITIES.

UH, THERE'S ALSO SOMETHING REFERRED TO AS THE LITTLE RED SCHOOLHOUSE, UM, THAT'S USED FOR SCHOOL ACTIVITIES.

THERE'S A GUEST HOUSE.

UM, THE GUEST HOUSE MAY BE USED FOR OKE STAY OR MAY BE USED FOR WEDDING RELATED ACTIVITIES, LIKE IF THEY'RE GROOMED OR GETTING DRESSED OR SOMETHING LIKE THAT.

THEY MAY DO THAT HERE.

UH, THE MAIN HOUSE, UM, WHERE THE APPLICANTS LIVE, THEY, THEY HAVE A VARIETY OF ACTIVITIES THERE.

THEY MIGHT HAVE, UM, THE WEDDING PARTY MAYBE GETTING DRESSED IN THE BASEMENT OR SOMETHING LIKE THAT.

SO, UH, THEY DO HAVE SOME OF THE ACTIVITIES THAT MAY TAKE PLACE IN THE MAIN HOUSE AND THAT, UM, AND THE THESE TWO USES ARE ALSO, UM, PART OF THE, ALL OF THE USES ARE, THEY ARE SORT OF MAYBE RELATED TO THE WEDDING VENUE ON OR THE SCHOOL.

AND THESE TWO ARE REALLY JUST FOR THE BED AND BREAKFAST, UM, APPROVALS.

UM, LOOKING AT THE, UH, AIR PHOTOS STARTING FROM THE WEST, UM, YOU CAN SEE WHERE THE MAIN HOUSE IS LOCATED.

UM, YOU CAN SEE, I GUESS FIRST OF ALL, THESE BUILDINGS ARE SORT OF SPREAD OUT ON THE SITE.

UM, LOOK AT THE AIR PHOTO.

THERE ARE SOME REALLY SOME FORSET AREAS THAT KIND OF SEPARATE THE, ALL THE STRUCTURES ON THE SITE FROM, UH, THE SUBDIVISION TO THE SOUTH.

AND THERE'S ALSO SOME FORSET AREAS ALONG FAIRGROUND ROAD AND AROUND, WRAPPED AROUND THE WEST.

AND JUST SEE TO THE TOP OF THERE, THE TOP CORNER OF THE PAGE ALONG BROAD STREET.

AND THE BUILDINGS ARE, UH, LIKE THE MAIN HOUSE AGAIN, THAT'S WHERE, UH, THE RESIDENTS RESIDE, THE APPLICANTS RESIDE, AND ALSO SOME OF THE WEDDING ACTIVITIES, OR BED AND BREAKFAST ACTIVITIES MAY, UH, TAKE PLACE AT THAT LOCATION.

AND YOU MOVE FURTHER OVER, UH, WHERE THE SCHOOL BARN IS.

AGAIN, THAT'S WHERE THE LARGER BUILDING IS LOCATED, THAT HAS THE LARGER DRAIN FIELD CAPACITY, UM, AND ALLOWS FOR A LARGER OCCUPANCY AND MORE ACTIVITY TO TAKE PLACE.

UM, THE RED BARN LOCATED JUST BEHIND THAT.

UM, MOVING FURTHER TO THE EAST, THE LITTLE RED BARN, UM, THAT IS PROBABLY MORE ASSOCIATED WITH SCHOOL ACTIVITIES.

AND THEN MOVING TO THE FARTHEST TO THE RIGHT, AND I'VE TRIED TO LABEL THESE ALL IN RED, UM, THAT THERE'S A GUEST HOUSE THAT IS THE SMALLER GUEST HOUSE THAT ALSO MAY BE A BED AND BREAKFAST OR USED FOR SOME OF THE WEDDING VENUE ACTIVITIES.

AND THERE IS ANOTHER STRUCTURE ON THE SITE THAT'S NOT ASSOCIATED.

UM, WITH THESE ACTIVITIES, THE CLOSEST, UH, STRUCTURES SHOWN ON HERE, UM, TO REALLY THE MORE ACTIVE LOCATION WHERE THE BARNS ARE, IT'S ABOUT 900 FEET TO THE CLOSEST.

UM, UM, UH, RESIDENCE IS THE CLOSEST DWELLINGS THERE.

AND THE ABSOLUTE CLOSEST DWELLING IS FROM WHERE THE MAIN HOUSE IS ABOUT 650 FEET.

JUST TO GIVE YOU AN IDEA OF WHERE THE CLOSEST RESIDENCE ARE IN PROPOSAL TO THE, THESE ACTIVE AREAS, UM, THAT ARE PART OF THEIR APPLICATION.

UH, THIS ISN'T REAL CLEAR, BUT THIS IS THE POD PLAN.

UM, THIS REALLY SORT OF FOCUSES THAT THEY DO HAVE THEIR EMERGENCY ENTRANCE.

UM, IT IS IMPORTANT FOR A LOT OF THESE, UH, AC THESE WEDDING VENUE, UM, PUBLIC ASSEMBLY PLACE, UM, LOCATIONS THAT THEY HAVE SAFE INGRESS AND EGRESS FOR OUR FIRE RESCUE AND EMERGENCY EQUIPMENT.

THIS IS REALLY MOSTLY PROVIDED FROM THEIR WESTERN ENTRANCE.

UM, AND THIS DOES SORT OF SHOW THE, UM, THE BARN AREA, THE PARKING AREA, THE RED, THE, UM, UH, THE RED BARN IS TO THE SOUTH AND THE LITTLE RED SCHOOLHOUSE.

UM, AND THE OTHER STRUCTURE, UH, THEY CAN, THEY CAN, THEY CAN USE BOTH ENTRANCES LIKE FOR ACTIVITIES IF THEY CHOOSE, BUT THEY DO HAVE TO HAVE THAT ONE ENTRANCE THAT'S IMPROVED FOR FIRE RESCUE EQUIPMENT.

AND THAT IS THEIR WEST ENTRANCE.

THEY HAD A COMMUNITY MEETING IN DECEMBER, TWO CITIZENS ATTENDED, AND JUST, UH, HAD A COUPLE QUESTIONS FOR THE CLIENT ABOUT HOW THEY ENFORCE THE CUP CONDITIONS AND IF THEY WERE PROPOSING ANY CHANGES TO THEIR APPLICATION.

UM,

[00:10:01]

UM, I'LL LET YOU STARE AT THIS SLIDE FOR A MOMENT.

THIS REALLY, UM, TALKS ABOUT WE SORT OF HAVE COMPARED SELECTED, UM, CUP CONDITIONS AS IT RELATES TO SOME OF THE OTHER, UM, THE WEDDING VENUE TYPE ACTIVITIES.

THE FIRST LINE, YOU'LL SEE THAT NOT ALL, UM, NOT ALL THE CUP APPLICATIONS ARE THE SAME.

THIS HAPPENS TO HAVE THE WEDDING VENUE, THE BED AND BREAKFAST, UM, A SCHOOL AND THE CAMPS.

UM, TYPICALLY THE OTHER ONES WILL ONLY HAVE THE WEDDING VENUE OR MAYBE THEY ONLY HAVE A WEDDING VENUE, A BED AND BREAKFAST.

SO NOT ALL OF THESE, UM, EVENT VENUES, UH, ARE AN APPLES TO APPLES COMPARISON.

AS FAR AS THE TYPES OF USES THEY HAVE ON SITE.

THIS DOES HAVE THE LARGEST LIMIT, UM, ON POTENTIAL GUESTS AT 700.

THAT WAS WHAT WAS APPROVED IN 2013.

UM, AND ALSO ANOTHER THING TOO IS THAT, UM, A LOT OF TIMES WHEN THESE APPLICATIONS AND, AND THE COMMISSION WILL PROBABLY SEE THIS IN THE FUTURE, WHEN APPLICATIONS FIRST COME FORWARD, THEY MIGHT BE A LITTLE MORE RESTRICTED AND THEY'RE TYPICALLY GIVEN A FIVE YEAR APPROVAL THAT PROVIDES, UM, UM, BECAUSE THEY HAVEN'T BEEN IN OPERATION AND THEY'RE AS CONCERNED ABOUT THEIR IMPACTS ON THE COMMUNITY, THEY MIGHT TEND TO BE A LITTLE BIT MORE RESTRICTED.

ALL OF THESE USES HAVE COME BACK FOR RENEWAL BEFORE, UM, OR WITH, ACTUALLY THIS ADAMS, THIS IS THEIR FIRST APPLICATION.

THE OTHER ONES HAVE BEEN FOR RENEWAL.

SO A LOT OF TIMES THEY WILL GET A LITTLE RELAXATION ON SOME OF THESE, THE NUMBER OF ACTIVITIES, THE CAPACITY OR THINGS LIKE THAT.

THEY MIGHT GET A LITTLE BIT OF A RELAXATION AFTER THEY'VE DEMONSTRATED THAT THEY CAN OPERATE, UH, IN COMPLIANCE WITH REGULATIONS AND THEY'RE NOT IMPACTED THE COMMUNITY AND THEY'RE NOT GENERATING CALLS TO OUR PUBLIC SAFETY AGENCIES.

UM, ONE OF THE BIG CONCERNS WITH, UH, THESE TYPES OF ACTIVITIES ARE AMPLIFIED SOUND.

AND, UH, TYPICALLY THEY'LL BE REGULATED, UM, NUMBER ONE BY LIMITING WHEN THEY CAN HAVE OUTDOOR SOUND FOR THIS APPLICATION.

THEY CAN HAVE IT FRIDAY, SATURDAY, AND SUNDAY ONLY, AND IT HAS TO BE ORIENTED TOWARDS BROAD STREET.

UM, BUT THAT'S THE TYPE OF, UH, HOW THAT'S HANDLED CAN BE, UM, DIFFERENT FROM APPLICATION TO APPLICATION.

BUT FOR THIS ONE, THEY DO HAVE TO ORIENT IT TOWARDS BROAD STREET.

UM, THE LIMIT ON THE NUMBER OF GUESTS, UH, THE, THE, THE NEXT ONE IS AT WHAT POINT THEY HAVE TO HAVE A SECURITY GUARD.

TYPICALLY IT'S A HUNDRED, 150.

IF THEY HAVE FEWER THAN THAT, THEY DON'T HAVE TO HAVE A SECURITY GUARD PRESENT.

BUT AT THAT THRESHOLD, WITH ALCOHOL OR MUSIC OR WITH PAID ADMISSION, THEY'LL HAVE TO HAVE A SECURITY ONE SITE.

AND YOU'LL SEE THAT CONDITION LATER ON.

THIS ONE DOES RESTRICT, UH, FIREWORKS.

UM, THE TRAFFIC STUDY WILL NOTE.

IT SAYS CONTINGENT ON THERE, THAT WAS REALLY RELATED TO THE SCHOOL.

ONCE THE SCHOOL GOT TO A CERTAIN SIZE, THEY WOULD HAVE TO DO A TRAFFIC ANALYSIS.

THEY HADN'T GOTTEN, THEY HAVEN'T REACHED THAT SIZE YET, SO THEY HAVEN'T HAD TO DO THAT TRAFFIC ANALYSIS, TYPICALLY, WE WOULD NOT REQUIRE THESE USES TO DO A FULL TIA, BUT WE WILL LOOK AT THINGS LIKE EITHER HISTORY OF ACCIDENTS BAY AND TURNING MOVEMENTS.

UH, JUST WE'LL PICK OUT A COUPLE OF TRAFFIC IMPACTS AND HAVE 'EM ANALYZE THAT.

BUT THEY HAVEN'T REACHED THAT THRESHOLD YET, UM, THAT THEY WERE ORIGINALLY APPROVED FOR IN 2013.

SO WE HAVEN'T REQUIRED THEM TO DO THEIR TRAFFIC STUDY.

UM, THE LAST THING I'LL POINT OUT IS JUST THE ACREAGE.

THAT 126 ACRES, THIS IS A LITTLE LARGER THAN SOME OF THE OTHER VENUE SITES, UM, BUT THEY, AS YOU CAN SEE, MOST OF THEM RANGE FROM ABOUT 50 TO A HUNDRED ACRES.

BANDIT RIDGE BEING A LITTLE BIT SMALLER.

AND I WILL POINT OUT JUST QUICKLY, THE BANDIT RIDGE IS ACTUALLY IN THEIR PRE-APPLICATION PHASE.

SO THEY WILL BE COMING TO THE COMMISSION PROBABLY IN THE NEXT TWO TO THREE MONTHS.

UM, THEY'RE NOT REQUIRED TO COME THROUGH.

THEY WANNA MAKE SOME TWEAKS TO THEIR CP APPLICATION, MAYBE ADD A USE OR TWO.

UM, SO JUST A HEADS UP THAT THE WILL PROBABLY BE BETTER FOR THE COMMISSION IN THE NEXT TWO TO THREE MONTHS.

UM, ONE AS FAR AS THE C CONDITIONS AND, YOU KNOW, LIKE THERE'S NO INDIVIDUAL CONDITION THAT'S PARTICULARLY COMPLICATED, BUT THERE'S, THERE'S A LITTLE BIT OF CO-MINGLING OF ALL THE DIFFERENT USES HERE.

SO I'LL TRY TO BE A LITTLE BIT DELIBERATE THROUGH THIS AND, AND FEEL FREE TO INTERRUPT ME IF YOU HAVE ANY QUESTIONS.

UM, BUT FOR THE FIRST ONE, SIMPLY WOULD ALLOW THE USES THAT ARE STATED, UM, THE PUBLIC ASSEMBLY PLACE AND, AND THE BED AND BREAKFAST HAVE SOME ADDITIONAL DEVELOPMENT STANDARDS IN THE CODE.

AND THAT'S WHAT'S REFERENCED IN HERE, THE SECTION 15 2 80 5G AND THE 15 2 90.

UM, YOU'LL SEE THE, THE, THE REQUIREMENT FOR A CONCEPTUAL PLAN AND A POD, UM, OMITTED, THEY'VE ALREADY GOTTEN APPROVAL FOR THOSE.

SO THE CONDITION IS UPDATED TO SAY INSTEAD OF THEY SHALL SUBMIT, THEY SHALL COMPLY WITH.

SO YOU'LL SEE IF THE NUMBER TWO SO HAS REPLACED SHALL SUBMIT WITH, THEY SHALL CONFORM TO THE SITE PLANS THAT THEY GOT APPROVED.

UM, THE, IT SORT OF SIMILAR WITH THE BUILDING CODE.

THEY, THAT THEY SHALL COMPLY WITH THE, YOU KNOW, SHALL COMPLY WITH THE BUILDING CODE.

THEY'RE, THEY'VE, THEY'VE, THEY'VE GOTTEN ALL THEIR PERMITS, THEY'VE BEEN OPERATING COMPLIANCE WITH THEIR PERMITS.

SO, UM, THEY JUST HAVE TO CONTINUE OPERATING COMPLIANCE WITH THEIR PERMITS.

UM, WHAT IS IN THE YELLOW BOX THERE THAT IS NOT, UM, THAT'S, UM, JUST FOR CLARIFICATION PURPOSES, IT'S NOT ACTUALLY A PART OF THE APPLICATION.

THE NEXT COUPLE OF CCEP

[00:15:01]

CONDITIONS DEAL WITH OCCUPANCY FROM THE BUILDING OFFICIAL AND THE HEALTH DEPARTMENT.

SO JUST WANT TO KIND OF SPELL THIS OUT A LITTLE BIT SEPARATELY BEFORE GETTING INTO THE COMMINGLING.

HOPE THIS, UM, MAKES IT A LITTLE MORE STRAIGHTFORWARD.

UH, AND THIS REALLY RELATES TO THE SCHOOL BARN.

WHAT I MENTIONED EARLIER IS LIKE THE BIGGEST, UH, BUILDING ON THE SITE, THEY ACTUALLY DO HAVE AN OCCUPANCY THERE FOR 299 PEOPLE.

UM, HOWEVER, THEIR DRAIN FIELD LIMITATION IS SMALLER THAN THAT.

UM, THEIR DRAIN FIELD, UH, WAS APPROVED AT UP TO 56 PEOPLE, MEANING, UM, IF THEY HAVE UP TO 56 PEOPLE, THEY DON'T NEED TO HAVE PORTA-POTTIES OR ANYTHING LIKE THAT.

IF THEY WANT TO HAVE MORE THAN 56 PEOPLE, THEN WITH THE HEALTH DEPARTMENT PERMIT, THEY HAVE TO BRING IN PORTA-POTTIES, SOME TYPE OF PORTABLE, UM, SANITATION.

BUT THE HEALTH DEPARTMENT PRE-APPROVED THEM TO EXPAND THAT UP TO 150.

UM, TO MY KNOWLEDGE, THEY HAVEN'T EXPANDED IT, BUT THEY PRE-APPROVED IT.

IF THEY DID EXPAND THEIR DRAIN FIELD, THE HEALTH DEPARTMENT WOULD BE SUPPORTIVE OF UP TO 150 PEOPLE.

AND IF THEY CHOSE TO DO THAT, THEN THEY WOULD, THEY WOULD BE ALLOWED TO HAVE 150 PEOPLE AND THEY WOULD ONLY HAVE TO GET THE PORTA POTTIES IF THEY EXCEEDED THE 150.

BUT IT'S AN OVERALL BUILDING ANCY OF 2 99, BUT A LITTLE SUB, YOU KNOW, THEY'RE LIMITED TO 56 WITHOUT BRINGING IN THE, THE PORTA-POTTIES.

AND, UM, AND THAT'S WHAT'S CARRIED THROUGH IN THE NEXT CONDITIONS.

SO WITH THAT, THE BED AND BREAKFAST, YOU'LL SEE THIS, UM, THE LIMITATION OF 10 PERSONS THAT'S REALLY REFLECTS THE BUILDING CODE WHEN YOU SEE THESE BED AND BREAKFAST TYPE ACTIVITIES.

AND THESE SHORT TERM RENTAL, WHICH IS LIKE THE ZONING TERM FOR LIKE AN AIRBNB, UM, THOSE ARE GONNA BE USUALLY LIMITED TO 10 TO EXCEED 10.

IT KICKS IN SOME ADDITIONAL BUILDING CODE REQUIREMENTS THAT FROM A FEASIBILITY STANDPOINT MAKES IT MAKE MORE SENSE TO REMAIN AT 10.

SO THE BED AND BREAKFAST USES THE TWO STRUCTURES THAT ARE APPROVED DO HAVE A LIMITED OF AN OCCUPANCY OF 10, UH, FOR THOSE BED AND BREAKFAST USES.

UM, DROP A LITTLE BIT FURTHER THAT SEES WHERE THAT THE MAC OCCUPANCY FOR THE SCHOOL BARN IS 299 PEOPLE.

AND THE FOLLOWING IS THAT HEALTH CODE COMPLIANCE, WHERE THEY'RE LIMITED TO 56 PEOPLE CURRENTLY.

UM, BUT IF THEY EXCEED, IF THEY SEED 56, THEN THEY TO HAVE THE, THE, THE PORTABLE TOILETS, PORTA POTTIES BROUGHT IN AND THEY COULD GET APPROVAL FOR UP TO 150.

UM, THE TRAFFIC, THAT'S WHAT I MENTIONED EARLIER, THAT CONTINGENT IF THEY GET TO, IF THEY EXCEED A HUNDRED STUDENTS, THEN THEY WOULD HAVE TO DO A TRAFFIC ANALYSIS.

AND SO WE'RE CARRYING THAT CONDITION FORWARD.

BUT, UM, THEY HAVEN'T INVOKED A, A NEED TO DO THE TRAFFIC ANALYSIS.

UM, THE SIGNAGE ESSENTIALLY UNCHANGED WITH JUST SOME FRESHENING UP THE LANGUAGE.

UM, THEY ARE ALLOWED TO HAVE TWO SIGNS, UM, AND EACH SIGN WOULD HAVE TO BE LESS THAN 20 SQUARE FEET IN THE AREA.

FIREWORKS ARE PROHIBITED.

UM, THERE'S PROHIBITED FROM ANY HAVING ANY OUTDOOR ACTIVITIES AFTER 11 O'CLOCK.

UM, AMPLIFIED MUSIC, UM, AS MENTIONED EARLIER, IT'S LIMITED FROM FRIDAY NOON TO SUNDAY AT SEVEN P 7:00 PM AND IT HAS TO BE ORIENTED AWAY FROM THE PRESERVE AT DEERFIELD AND WHICH REALLY ORIENTED TOWARDS, UM, BROAD STREET.

UM, AGAIN, WITH THE PARKING, THIS REALLY SWITCHES THEM OVER TO MAINTAINING THEIR PARKING AREA AND AND PROVIDING AN OVERFLOW PARKING AREA, WHEREAS BEFORE IT WAS THE SHOWER PROVIDE THE PARKING SPACES.

UM, THE LIGHTING, UM, THIS, THE COUNTY DOES HAVE A DARK SKY COMPLIANT ORDINANCE THAT APPLIES TO, NOT, APPLIES TO ANYTHING THAT'S REALLY NON-RESIDENTIAL.

IT DOES NOT APPLY TO RESIDENTIAL, BUT WHEN THEY INSTALL PERMANENT OUTDOOR LIGHTING, IT HAS TO BE A DARK SKY COMPLIANT.

AND THIS JUST REQUIRES 'EM TO SUBMIT A LIGHTING PLAN FOR THE, ANY, ANY PERMANENT EXTERIOR LIGHTING, UH, TO DEMONSTRATE THAT IT MEETS THE LIGHTING CODE.

THIS, UH, RESTRICTS THE NUMBER OF, UH, UH, ACTIVITIES THEY CAN HAVE.

UM, THEY'RE LIMITED TO, UM, IF THEY HAVE MORE THAN 50 PEOPLE, THEY'RE LIMITED TO 60 PER YEAR.

UM, ONE OF THE THINGS THAT ALL THE APPLICANTS HAVE TO DO IS THEY HAVE TO ANNUALLY SUBMIT TO THE PLANNING OFFICE, UH, A LIST OF THEIR, UM, ACTIVITIES THAT THEY HAVE, AND THEN THEY TYPICALLY WILL UPDATE THAT MONTHLY, UH, MONTHLY AS THEY ADD AND SUB SUBTRACT ACTIVITIES.

SO WE DO TYPICALLY HAVE A RUNNING TOTAL OF HOW MANY ACTIVITIES THEY HAVE AND THE NUMBER OF ATTENDEES THAT THEY'RE EXPECTING AT THESE ACTIVITIES.

NUMBER 13 IS THE, WHAT I REFERENCE TO ABOUT THE SECURITY GUARD AT THIS SITUA.

AS IT SAYS HERE, THEY HAVE TO HAVE, BE PRESENT WHENEVER THEY'RE CHARGING A MISSION OR WHENEVER THEY HAVE MUSIC, ALCOHOL AND MORE THAN 150 GUESTS.

AND THAT CAN BE EITHER ON OFF DUTY DEPUTY OR IT CAN BE FROM A SECURITY COMPANY THAT MEETS THAT CODE REFERENCE THAT'S IN THE CEP CONDITION.

AND THAT'S SORT OF A MORE OR LESS A STANDARD CONDITION THAT YOU'LL SEE THESE WHENEVER YOU HAVE PEOPLE CONGREGATING, UM, FOR AN EVENT.

THE LIMIT ON THE NUMBER OF GUESTS, UM, THE ACCESS ROAD, AGAIN, THEY HAVE TO MAINTAIN THAT INTER ACCESS ROAD, THE ONE I SHOWED YOU EARLIER.

UM, AND THEY HAVE TO MEET BOTH THE FIRE RESCUE AND THE COMMUNITY DEVELOPMENT REQUIREMENTS FOR THAT.

OF COURSE, IF THERE'S ANY ALCOHOL, THEY HAVE TO MEET THE A BC RULE, A B, C LAWS.

THERE'S A PROHIBITION OF DISCHARGE OF FIREARMS FOR THE CP RELATED ACTIVITIES.

UM, THERE THAT NUMBER, THAT NEXT ONE IS WHERE THEY HAVE TO MAINTAIN, THEY HAVE TO PROVIDE US WITH AN ANNUAL NOTICE OF THEIR ACTIVITIES.

[00:20:01]

UM, AND THESE LAST TWO ARE SORT OF STANDARD CONDITIONS AS THEY RELATE TO, UH, IF THEY, THE, THE CPD GOES GOES WITH THE LAND.

SO THIS JUST REQUIRES THEM, IF THEY SELL THE PROPERTY OR LEASE THE PROPERTY, THEY JUST HAVE TO NOTIFY, UM, THE COUNTY AND PROVIDE EVIDENCE THAT THEY'VE NOTIFIED THE PURCHASER LEASE OR THAT THEY, UM, THAT THESE CEP EXISTS.

AND THE LAST ONE IS THE EXPIRATION DATE.

UM, TYPICALLY, UM, WHEN THERE'S A, YOU KNOW, THEY DID GET APPROVED FOR, FOR 10 YEARS WITH THEIR FIRST APPLICATION AND IT'S SORT OF A, IT'S NOT UNUSUAL OR SORT OF TYPICAL WE WOULD ADD FIVE YEARS.

UM, IF THEY'VE DEMONSTRATED THEY CAN OPERATE IN COMPLIANCE WITH THE CP CONDITIONS, NOT GENERATING ANY COST OR PUBLIC SAFETY AGENCIES, NOT THAT WE'RE AWARE OF, AND UM, YOU KNOW, THEY'RE NOT GENERATING IMPACTS TO THE COMMUNITY, THEN LET'S STRETCH OUT, UM, FOR THE NEXT TIME THEY HAVE TO COME FORWARD TO THE COUNTY FOR RENEWAL.

THAT CONCLUDES MY PRESENTATION.

I THINK I TRIED TO MAKE IT AS SIMPLE AS POSSIBLE.

UM, BUT IF YOU HAVE ANY QUESTIONS, I DO.

UM, ON THE AMPLIFIED MUSIC, IT SAID FRIDAY FROM NOON TILL SUNDAY AT SEVEN.

ARE THERE MORE LIMITS ON THE TIME OF DAY FOR THAT MUSIC? UH, THE OTHER ONE IS THAT ALL THEIR OUTDOOR ACTIVITIES HAVE TO STOP AT 11 O'CLOCK.

SO, SO THEY CAN PLAY FROM 11 NOON TILL 11:00 PM RIGHT.

THIS MEAN IT WOULD NOT PROHIBIT THE MUSIC INDOORS, BUT THEY COULDN'T HAVE MUSIC OUTDOORS PAST 11.

GOT IT.

OKAY.

AND THE UNIFORM SECURITY, ARE THEY ARMED? ACTUALLY, UH, THAT'S NOT A CONDITION OF THE CEP, UH, MAYBE I COULD DEFER TO THE APPLICANT AND THEY MAY HAVE SOME MORE INFORMATION ON THAT.

HAVE THERE BEEN ANY COMPLAINTS FROM CITIZENS OR, NO, THEY'VE NOT GENERATED ANY COMPLAINTS IN THE LAST 10 YEARS.

OKAY, THANK YOU.

NO ACCIDENTS AT THE LEAD.

UM, THAT, YOU KNOW, I WOULD, I GUESS I HAVE TO FURTHER THE APPLICANT ON THAT.

WE, I DID NOT EXPLORE THAT SPECIFICALLY, UM, FOR THIS APPLICATION.

UM, UH, MAYBE THE APPLICANT HAS SOME MORE INFORMATION ON IF THERE HAVE BEEN ANY ACCIDENTS.

I'M NOT, STAFF'S NOT AWARE OF ANY, BUT I CAN'T STATE THAT THERE HAVE NOT BEEN ANY.

OKAY.

YOU MENTIONED, GO AHEAD.

YOU MENTIONED ALSO THE DRAIN FIELD WAS SMALL, SO IS THAT SOMETHING THEY'RE GOING TO IMPROVE UPON? I THINK YOU KIND OF SAID SOMETHING ABOUT THE DRAIN FIELD.

CAN YOU CLARIFY THAT PLEASE? YEAH, ALL THESE, UM, YOU KNOW, TYPICALLY FOR THESE EVENTS WHEN THEY'RE GONNA HAVE PEOPLE GONNA CONGREGATE HERE, IT'S GONNA EXCEED THE CAPACITIES OF THE DRAIN FIELDS.

AND MOST OF THESE ARE GONNA BE ON A SEPTIC SYSTEM, SO THEY'RE GONNA HAVE TO GET HEALTH DEPARTMENT PERMIT.

UM, THIS SITE IS A LITTLE BIT UNIQUE FROM SOME OF THE OTHER SITES BECAUSE THERE'S, PRIOR TO THE SCHOOL, UM, THEY, THEY HAD SOME BUSINESS ACTIVITIES HERE.

THEY'VE HAD THE SCHOOL OPERATION.

SO FOR WHATEVER REASON THEIR DRAIN FIELD CAPACITY IS PROBABLY A LITTLE LARGER THAN SOME OF THE OTHER ONES.

SO THE, SO THAT'S THIS, THAT'S WHY THIS IS A LITTLE MORE NUANCED, HAS A LITTLE MORE SOME THRESHOLDS IN IT.

UM, BUT AT THE END OF THE DAY, UM, MOST OF THESE ACTIVITIES, MOST OF THESE AC THESE VENUES ARE BRINGING IN PORT PORTA POTTIES AND THEY HAVE TO DO THAT AS PART OF THE HEALTH DEPARTMENT PERMIT.

ALRIGHT, THANK YOU.

TO BE CLEAR, THEY CAN LEGALLY HAVE 700 GUESTS, BUT PARKING IS LIMITED TO 56.

IS THAT, WAS THAT WHAT I SAW? WELL, THAT'S THE MINIMUM REQUIRED PARKING.

THEY ALSO HAVE TO HAVE AN OVERFLOW PARKING AREA AND THEY DO SORT OF HAVE AN OVERFLOW PARKING AREA.

UM, ANY OTHER QUESTIONS? THANKS TOM.

WOULD THE APPLICANT LIKE TO SPEAK? DO YOU HAVE ANY QUESTIONS? WE'RE SOUNDED LOW KEY.

WE'RE A MONTESSORI SCHOOL.

UM, WE DON'T WANNA MAKE ANY CHANGES.

IT'S A VERY, WHY DON'T YOU COME UP ANYWAY AND IF YOU'RE GONNA INTRODUCE YOURSELF AND I'M TAMARA ADAMS. I'M THE OWNER OF THE SCHOOL ACTUALLY ADAMS ME.

UM, IT'S, WE'VE BEEN OPERATING NOW FOR QUITE SOME TIME.

IT STARTED IN THE MOTHER OF 12 KIDS HOMESCHOOLED ALL MY KIDS.

AND THEN WHEN THEY STARTED GROWING UP AND I RECOGNIZED A NEED, WE OPENED IT UP TO FRIENDS AND FAMILY FIRST, AND THEN NEIGHBORS WANTED TO COME.

AND SO THAT'S KIND OF HOW IT TOOK A LIFE OF ITS OWN.

AND WHEN I FIRST OPENED UP THE SCHOOL, IT WAS LIKE JUMPING OFF THE HIGH DIVE AND FINDING OUT IF THERE WAS WATER IN THE POOL AND THERE WASN'T.

AND SO THAT'S REALLY HOW THE WEDDING BUSINESS CAME ABOUT.

SO WE COULD SUPPLEMENT THE INCOME FOR THE SCHOOL.

SO THE LITTLE KITTIES LEAVE ON FRIDAY, THE BRIDES COME IN, THE BRIDES LEAVE, THE KIDS COME IN AND THAT'S KIND OF HOW IT'S BEEN GOING FOR THE LAST FEW YEARS.

WE DO SOME REALLY NICE WORK.

OUR KIDS ARE OUTSIDE EVERY DAY.

IT'S, UM, WE DON'T HAVE ANY PLASTIC PLAY EQUIPMENT.

THEY PLAY WITH SAND AND CATERPILLARS AND TREES AND THINGS LIKE THAT.

AND YOU'VE HAD NO PROBLEM WITH TRAFFIC ISSUES.

WE HAD A LOT OF PROBLEM WITH TRAFFIC ISSUES, BUT NONE RELATED TO THE SCHOOL.

OKAY.

AND THERE WAS A FATALITY THAT I HAD WRITTEN ABOUT THAT AND PREDICTED

[00:25:01]

AND ANTICIPATED THAT HAPPENED.

UM, A NUMBER OF YEARS AGO.

I WAS REALLY ACTIVE WITH VDOT AND EVERYBODY WAS VERY SUPPORTIVE AND WE PUT UP, THEY PUT UP A LOT OF SIGNAGE AND LIGHTING AND THAT KIND OF HELPED EVERYTHING.

SO THERE HAD BEEN NO ACCIDENTS RELATED TO THE SCHOOL OR OR WEDDING OR TO THE EVENTS ACTIVITY? NO, SIR.

NOT TO MY, I MEAN AN AMBULANCE CAME BECAUSE SOMEBODY BUMPED THEIR HEAD ON CONCRETE ONCE, BUT THAT'S THE ONLY THING I'M AWARE OF AS FAR AS ATTENDANCE.

WHAT IS YOUR NUMBERS NOW FOR THE SCHOOL? THE SCHOOL'S ABOUT 50.

I LIKE TO KEEP IT THAT WAY.

OKAY.

I HAVE, UM, 14 KIDS IN MY CLASS.

THAT'S WHAT I'M USED TO.

'CAUSE THAT'S HOW MANY, YOU KNOW, TALK 12 AT HOME.

UM, SO WE TRY TO KEEP IT VERY SLOW AND PERSONAL.

UM, BUT WE DO AN EXCEPTIONAL JOB.

A LOT OF OUR CHILDREN GO TO, UM, GOVERNOR'S SCHOOL OR BLUE RIDGE.

WE WORK REALLY WELL WITH THE COUNTY.

THE HIGHEST OCCUPANCY WE'VE HAD HAS BEEN, UM, HOSTING GLAND COUNTY'S HIGH SCHOOL PROM.

AND WE'VE DONE THAT A FEW YEARS.

AND SO WE, WE UM, WE LIKE TO DO THINGS LIKE THAT FOR THE COUNTY.

DO YOU FORESEE IT GOING PAST THE 100 THEN FOR THAT TRAFFIC STUDY? NO.

OKAY.

I DON'T.

OKAY.

NO, NOT POST PANDEMIC.

ANYWAY.

.

DO YOU ALSO SEE MS. ADAMS, THE WEDDING BUSINESS GROWING FURTHER OR GROWING EXPONENTIALLY OVER THE NEXT FEW YEARS? NO, NOT REALLY.

KIND OF LEVELING OUT OR, I THINK IT'S KIND OF LEVELING OUT.

OKAY.

UM, WE COULD IF WE WANT, BUT THAT'S NOT MY, MY WHOLE, UH, OBJECTIVE IN HAVING THE WEDDINGS WAS TO SUPPORT THE SCHOOL, NOT FOR THE SCHOOLS TO SUPPORT THE WEDDINGS.

AND SO, UM, AND, AND IT'S VERY STRESSFUL 'CAUSE I MANAGE ALL OF IT AND IT TAKES A LOT OUT OF YOU.

BUT, UM, IT'S REAL IMPORTANT FOR THESE CHILDREN IN THEIR EDUCATION.

I MEAN, WE, WE HAVE KIDS.

UM, I HAVE ONE OF MY FORMER 15-YEAR-OLD STUDENTS IS NOW, SHE'S 15, SHE'S AT THE GOVERNOR SCHOOL AND SHE'S TEACHING TEACHERS HOW TO TEACH AT THE AGE OF 15.

AND THAT'S KIND OF FUN TO SIT BACK AND WATCH AND, YOU KNOW, JUST HAVE THAT ABILITY TO TRANSFORM LIVES LIKE THAT.

UM, OUR SCHOOL, THEY GO FISHING, WHICH IS REALLY NICE.

WE HAVEN'T CHANGED THE FOOTPRINT.

WE, WE REVAMPED ALL THE PROPERTIES THAT WERE THERE AS BEST WE COULD.

UM, YOU'RE WELCOME TO COME VISIT IF YOU'D LIKE TO DO THAT.

BUT THEY GO FISHING ALL THE TIME AND THEY ALL HAVE THEIR LITTLE FISHING POLES.

IT'S PART OF THEIR SCHOOL SUPPLY LIST.

UM, EVERYBODY HAS TO HAVE A HELMET 'CAUSE IF THEY CLIMB THE TREE AND FALL, THEY NEED TO PROTECT THEIR LITTLE HEADS.

SO I DON'T SEE A LOT OF INCREASE.

UM, WE DON'T REALLY ADVERTISE IT VERY MUCH FOR THE WEDDINGS, IT'S JUST IF SOMEBODY COMES BY, HIS DAUGHTER GOT MARRIED, .

UM, AND SO IT'S JUST, IT'S NICE TO HAVE THAT OPPORTUNITY TO DO THAT.

AND THAT'S WHY I WANTED TO KEEP THE 700 MOSTLY NOT FOR WEDDINGS BECAUSE WE ONLY HAD ONE REALLY LARGE WEDDING AND THAT WAS NOT A LOT OF FUN.

BUT IT'S NICE TO HAVE IT TO GIVE BACK TO THE COMMUNITY SUCH AS THE, THE GLAND HIGH SCHOOL PROM.

AND SO THAT'S WHY I WANTED TO, I DIDN'T WANT THAT TO CHANGE 'CAUSE I DON'T WANNA LOSE THAT OPPORTUNITY TO, TO GIVE BACK TO THE COUNTY.

SEE, YOU TAUGHT US A LOT, .

ANY OTHER QUESTIONS? THANK YOU VERY MUCH.

THANK YOU.

THANK YOU VERY MUCH.

THANK YOU.

ANY OTHER DISCUSSION? ANY QUESTIONS? NO PUBLIC HEARING? SORRY.

YES.

UM, OPEN CASE TO THE PUBLIC.

OKAY.

I'LL MAKE A MOTION TO APPROVE THE COMMISSION RECOMMENDED APPROVAL OF THE CONDITIONAL USE PERMIT CU 2002 4 0 0 0 0 7 FOR A SCHOOL BED AND BREAKFAST DAY CAMP AND PUBLIC ASSEMBLY PLACED AT 1655 BROAD STREET ROAD, SUBJECT TO THE IMPOSED CONDITIONS AS PRESENTED.

SECOND.

ALL IN FAVOR, AYE.

AYE.

THANK YOU VERY MUCH.

THE MOTION TO RECOMMEND APPROVAL PASSES ON A FIVE OH VOTE.

THIS CASE WILL BE SCHEDULED FOR PUBLIC HEARING BEFORE THE BOARD OF SUPERVISORS ON JUNE 4TH, 2024 WITH A RECOMMENDATION OF APPROVAL FROM THE PLANNING COMMISSION.

OUR NEXT PUBLIC HEARING ITEM TONIGHT IS COUNTYWIDE ZOA 20 23 2 APPLICATION BY CARRIE BRIAN HUTCHERSON, ESQUIRE REQUESTING TO AMEND COUNTY ZONING ORDINANCE SECTION 15 5 0 8 FLOOR AREA RATIO TO PROVIDE THAT THE MAXIMUM FLOOR AREA RATIO FAR BE DETERMINED ON A PER LOT BASIS OR WEAR A PROFFERED OR CONDITION MASTER PLAN HAS BEEN APPROVED THROUGH ZONING.

THE FAR DETERMINATION WOULD BE BASED UPON THE AREA WITHIN SUCH MASTER PLAN, WHETHER OR NOT SUCH AREA INCLUDES

[2. Countywide - ZOA-2023-00002 Application by Kerry Brian Hutcherson, Esq. requesting to amend County Zoning Ordinance Sec. 15-508 (Floor area ratio) to provide that the maximum floor area ratio (FAR) be determined on a per lot basis, or, where a proffered or conditioned master plan has been approved through zoning, the FAR determination would be based upon the area within such master plan whether or not such area includes a single or multiple lots]

A SINGLE OR MULTIPLE LOTS.

THANK YOU MS. PARKER.

UH, FOR THE RECORD, UH, MY NAME IS RAY CASH.

MS. ASSISTANT DIRECTOR OF COMMUNITY DEVELOPMENT.

AND GOOD

[00:30:01]

EVENING MR. DUCK.

MEMBERS OF THE COMMISSION.

UH, AS MS. PARKER REFERENCED, THIS IS A CODE AMENDMENT THAT IS AN APPLICANT REQUEST.

UM, THE APPLICANT WILL BE HERE AND HAS A PRESENTATION OR WOULD BE AVAILABLE FOR QUESTIONS.

SO TO START, GIVE YOU A LITTLE BACKGROUND, UM, WHAT OUR ORDINANCE DOES PROVIDE IS A MAXIMUM FLOOR YEAR RATIO.

UM, IT DOES HAVE SPECIFICS WITHIN OUR COMMERCIAL DISTRICTS AS WELL AS OUR INDUSTRIAL DISTRICTS.

UM, THE, WE ALSO HAVE IT WITHIN OUR PLANNED DEVELOPMENT PARK, UM, FROM MULTIFAMILY THAT'S ONLY IN ONE, ONE LOCATION IN THE COUNTY, MPUD AND OUR PUD, WHICH ARE MIXED UH, DISTRICTS.

AND ALSO PLAN UNIT DEVELOPMENT DISTRICTS DOES HAVE AN FAR RATIO RELATED TO COMMERCIAL USES.

UM, FOR THE REQUEST BEFORE UNIT UNITES STAFF HAS RECEIVED OPPOSITION EMAILS FROM FOREST CITIZENS ON THE ORIGINAL PROPOSAL, WHICH I'LL GO THROUGH, WHAT THE ORIGINAL PROPOSAL WAS AND WHAT'S BEFORE YOU.

TONIGHT WE'VE RECEIVED AN EMAIL FROM, UM, ONE SENTIMENT CITIZEN, A FEW EMAILS, BUT I KNOW THAT CITIZEN, UM, IN ADDITION PROBABLY REPRESENTS OTHER, UM, CITIZENS.

THERE WAS A COMMUNITY MEETING HELD ON THE APPLICATION BEFORE YOU TONIGHT, APRIL 1ST, UM, 15 CITIZENS, UH, ATTENDED.

UH, WE'VE HAD, UH, TWO OF THE COMMISSION MEMBERS WERE THERE AS WELL AS BOARD MEMBERS, UH, LAU AND WINFREY.

THE COMMENTS REALLY RELATED TO THE IMPACT OF THERA PROJECT ADJACENT TO PARKSIDE VILLAGE, OF WHICH, UM, THE APPLICANT WAS THE ORIGINAL REPRESENTATIVE AND THAT WAS ONE OF THE CASES USED AS AN EXAMPLE, UM, IMPACT ON THE RURAL CHARACTER OF THE COUNTY, HOW THE CHANGE IS MORE DEVELOPER RELATED, NOT ECONOMIC DEVELOPMENT RELATED, UNINTENDED CONSEQUENCES, HOW IT MAY BE ENFORCED AND IMPACTS ON OTHER CASES.

UH, THE PREVIOUS PROPOSAL WAS TO ELIMINATE FAR IN THE DISTRICTS I SHOWED YOU ON THE SECOND SLIDE.

UM, TO REMOVE THE FAR REQUIREMENT FROM COMMERCIAL AND INDUSTRIAL DISTRICTS, THE FAR REQUIREMENT WOULD STILL HAVE REMAINED WITHIN THE RPUD AND MPU DISTRICTS, WHICH ARE DISTRICTS THAT ARE PROBABLY MORE APPROPRIATE FOR THE BALANCE OF DETERMINING FAR.

UM, THE PROPOSAL WAS PRESENTED AT FEBRUARY 15TH, HEARING ONE CITIZEN SPOKE IN SUPPORT AND FILED CITIZENS SPOKE IN OPPOSITION TO THE REQUEST NEEDED CONCERNS WITH REMOVING FAR REQUIREMENTS A LOT.

UH, GENERALLY WHAT WE HEARD AGAIN AT THE COMMUNITY MEETING ON THE NEW PROPOSAL, UM, FOLLOWING PUBLIC HEARING, THE APPLICANT DID REQUEST THE ITEM BEING DEFERRED TO TONIGHT.

UM, AND THE DEFERRAL WAS APPROVED BY THE PLANNING COMMISSION.

UH, AGAIN, SINCE THAT TIME, THE APPLICANT HAS UPDATED THE APPLICATION.

UM, I'LL GIVE YOU A LITTLE BACKGROUND ON, ON FLURRY RATIO, WHAT IT IS FOR THOSE HERE AND AT HOME.

UM, FLURRY RATIO IS REALLY A, A ITEM THAT'S USED TO REALLY D DISCU CONCERN ME, THE USE UPON A PIECE OF PROPERTY.

AND WHEN YOU'RE TALKING ABOUT IT'S REALLY VOLUME OF A BUILDING, MOST OFTEN THERE'S OTHER TYPE OF USE VARIATIONS.

UM, THE WAY IT'S USED HERE IN GLAND, UM, AS I MENTIONED, THERE IS A MAXIMUM FAR AND IT'S DETERMINED BY DIVINE, THE GROSS FLOOR AREA OF A STRUCTURE BY THE A AREA OF A LOT.

AND WE HAVE A CLARIFICATION OF WHAT THE GFA OR GROSS FLOOR AREA IS.

AND WE HAVE GENERALLY THIS CALCULATION THAT'S A SIMPLE FORMULA OF TAKE THE BUILDING SIZE, DIVIDE IT BY THE AREA OF THE LOT, AND THAT'S WHERE YOU GET FAR MOST OFTEN.

UM, AS IT IS IN OUR ORDINANCE, THAT IS A, UM, ZERO POINT, SOMETHING THAT'S MORE PERCENTILE VERSUS A, UM, AND SOME OF THE MORE URBANIZED AREAS, YOU'LL START HAVING A POSITIVE NUMBER THAT'S GREATER THAN THE 0.4.

UM, THE LANGUAGE THAT'S BEING PROPOSED TONIGHT, UM, IS AN AMENDED TO MOVE FROM THE CONSIDERATION OF WHEN YOU LOOK AT THE REPRESENTATION OF FAR ON A LOT ONLY BASIS, WHAT THE PROPOSAL IS TO SAY, IF WE HAVE A PROFFERED CONCEPTUAL AND MASTER PLAN THAT COMES THROUGH A ZONING ACTION, THAT COULD BE A PLAN.

UH, REZONING COULD BE A CONDITIONAL USE PERMIT, WHAT HAVE YOU.

UM, THE GROSS OF ALL STRUCTURES ON THE PROPERTY WOULD BE DETERMINED BY THE AREA OF THE LAND WITHIN THAT PROJECT.

SO WHILE WE COME, BEFORE THE PLANNING COMMISSION, FOR INSTANCE, WOULD BE A MASTER PLAN OR CONCEPTUAL PLAN SHOWING GENERALLY THE LAYOUT OF THE PROPERTY.

WITHIN THAT WE WOULD KNOW WHAT'S THE PROPERTY THAT'S BEING REZONED OR SUBJECT TO THE CONDITIONAL USE PERMIT.

AND WHAT WE WOULD GO FORWARD BASED UPON THE CONCEPTUAL PLAN.

ANY STRUCTURES THAT COME WITHIN THE BOUNDS OF THAT CONCEPTUAL PLAN WOULD NOW BE CALCULATED FOR THE FAR.

UM, SO REALLY THE FORMULA CHANGES, AS YOU CAN SEE AT THE BOTTOM.

IT WENT FROM BUILDING OVER LOT AREA, NOW IT'S BUILDING COLLECTIVE GFA OVER THE PROJECT AREA TO TURN DETERMINE FAR.

SO PURPOSE OF FLORIA RATIO HAS A VARIETY OF USES.

UM, IT'S MOSTLY UTILIZED GENERALLY IN A MORE URBANIZED TYPES OF FORM OF DEVELOPMENT.

IT'S ALSO UTILIZED FORM-BASED CODE INCENTIVE

[00:35:01]

OR PERFORMANCE ZONING, UH, WHICH I'LL BE HAPPY TO TEACH ABOUT, TEACH YOU ABOUT ONE DAY.

UM, OR DEVELOPMENT CODES WERE AREAS REALLY INTENDED FOR HIGHER, UM, DENSITY.

FOR INSTANCE, IN A CITY, UM, YOU WOULD MOST OFTEN SEE THAT OR AN AREA WHERE THE ENCOURAGING MORE DEVELOPMENT.

SO OFTEN IT'S USED AS A MINIMUM VERSUS A MAXIMUM.

UM, BECAUSE YOU HAVE CERTAIN INFRASTRUCTURE INVESTMENTS, YOU HAVE CERTAIN DEVELOPMENT GOALS, YOU'VE, FOR INSTANCE A, UM, A TA DISTRICT OR WHERE THEY TALKED ABOUT THIS TRANSIT ORIENTED DEVELOPMENT.

YOU WANNA HAVE A, UM, A MINIMUM, I MEAN A MAXIMUM MINIMUM FAR PROVISION BECAUSE YOU WANNA MAKE SURE THE INVESTMENT COMES IN THERE TO EQUALIZE EQUAL WHAT THE INVESTMENT WAS.

ENCOURAGE USE OF TRANSIT, LOOK FOR OPPORTUNITIES FOR THAT.

UM, YOU KNOW, AND THEN SPECIAL DISTRICTS WHERE YOU HAVE SOMETHING WHERE YOU REALLY HAVE A DESIGN AREA WHERE YOU'RE ENCOURAGING A CERTAIN DEVELOPMENT PATTERN.

UH, AND THOSE USUALLY COME OUT WHEN YOU HAVE FORM-BASED CODES.

IT HAS GENERALLY SPECIFICS ABOUT HOW THINGS RELATE AND USES RELATE TO EACH OTHER.

IT'S NOT VERY COMMON IN SUBURBAN DEVELOPMENT.

UM, SO AS WE MENTIONED, HERE'S THE EXAMPLE.

THIS IS ACTUALLY AN EXAMPLE THAT COMES STRAIGHT OUT OF OUR ORDINANCE.

IT SHOWS YOU THE RELATIONSHIP OF YOU HAVE A 26,136 SQUARE FOOT SINGLE STORY BUILDING ON A ONE AND A HALF ACRE LOT.

SO, YOU KNOW, WONDERS OF WONDERS, IT COMES OUT THAT THOSE RANDOM NUMBERS WERE CHOSEN AND YOU END UP WITH 0.4 FAR.

UM, WORKS THE SAME IF YOU DO A TWO STORY.

SO REMEMBER FOR AN FAR IT'S BASED UPON THE SQUARE FOOTAGE OR FLOOR AREA OF THE BUILDING, NOT, YOU KNOW, GENERALLY THE, JUST THE FOOTPRINT.

AND SO IF YOU WENT TO A TWO STORY MODEL, SAME SQUARE FOOTAGE, BUT THE FLOORS ARE SMALLER BUT COMBINED, THEY MEET THE 26,000 1 36, YOU TAKE EIGHT AND A HALF, WHICH IS 65, 3 40, DIVIDE IT AND YOU END UP WITH FAR OF 0.4.

UM, YOU KNOW, FAR DOES HAVE ITS USES AS I MENTIONED, IN CERTAIN TYPES OF ELEMENTS WHERE YOU DON'T HAVE OTHER TYPES OF REGULATION THAT RESTRICT OR GOD ALIKE A LOT.

UM, FOR US WE HAVE A EU CLINICIAN TYPE OF ZONING.

WE REALLY HAVE STANDARD SETBACKS, PROF, UM, BUFFERS PARKING.

UM, THE IDEA IS YOU SORT OF MOVE USES AWAY FROM EACH OTHER OR CLEAR DISTINCTION OF WHERE USES ARE.

UM, AND WITHIN THEIR OWN PROPERTY THEY HAVE THE SETBACKS SO THAT YOU REGULATE RELATIONSHIP TO THE STREET AND THINGS LIKE THAT.

UM, SO FAR IF IT WAS STANDALONE, YOU END UP WITH SCENARIOS LIKE YOU HAVE HERE WHERE YOU WOULD HAVE A 0.5 WHERE REALLY IT TOOK UP A PRETTY EASY, UH, SIMPLE DRAWINGS THAT THEY USE.

IN THIS EXAMPLE IS, OH WELL HALF A LOT IS 0.5.

SO IT SHOWS THAT THAT SINGLE STORY'S TAKEN UP HALF THE LOT.

UM, IF YOU TOOK IT TO TWO STORIES, YOU BASICALLY COME DOWN, IT'S TAKEN A QUARTER WITH A LOT, UM, FLOOR AREA RATIO COULD IN A 2.0 SCENARIO, YOU'RE COVERING THE LOT TWICE THE SIZE.

'CAUSE YOU'VE GOT THE TWO STORY BUILDING THAT GOES FULL TO THE LOT BOUNDARIES.

UM, YOU COULD OF COURSE REGULATE THAT AS YOU OFTEN SEE IN OTHER TYPES OF FORM-BASED CODES THAT BUILD OFF OF THAT IS YOU ENCOURAGE THE ELEVATED FAR BUT YOU ALSO ENCOURAGE RELATIONSHIP TO THE STREETS.

SO IN THIS SCENARIO, YOU'D GO FOR FOUR STORIES, YOU'D HAVE MORE OPEN SPACE OR OTHER TYPES OF THINGS ON THE LOT.

UM, FOR US, WHEN WE LOOK AT FOURS RATIO, REGULATORY TOOL, REGULATORY TOOL IN GLIN, AS I MENTIONED, IT'S REALLY MORE OF IT'S USED IN ADDITION TO OUR STANDARD, UM, REGULATORY TOOLS THAT ARE MOST OFTEN IN SUBURBAN AND RURAL DEVELOPMENT.

YOU HAVE, UH, WHAT'S IN THE RED AREAS ARE GENERALLY THE SETBACKS THAT YOU HAVE.

AND SO COMMERCIAL YOU COULD HAVE A 20 FOOT SETBACK ADJACENT TO ANOTHER PROPERTY.

UM, IT BUFFERS MOST OFTEN IS COMMERCIAL OR INDUSTRIAL ADJACENT TO RESIDENTIAL, THOSE BUFFERS.

AND THEN WE HAVE WHAT IS REALLY ONE OF THE BIGGEST EATER UPPERS TO BE NOT A VERY FANCY TERM.

WHAT UTILIZES A GOOD AREA OR PERCENTAGE OF A LOT IN A SUBURBAN ENVIRONMENT IS PARKING.

UM, WE HAVE A VERY SUBURBAN PARKING STANDARD BECAUSE WE DO NOT HAVE ALTERNATIVE, UM, MODES OF TRANSPORTATION.

UH, THERE'S ALSO EACH OF OUR COMMERCIAL AND INDUSTRIAL DISTRICTS DO HAVE HEIGHT RESTRICTIONS AS WELL AS THE SETBACKS AND RELATED THINGS.

UM, SOME OF THE DISTRICTS WHERE THEY DO ALLOW A TALLER HEIGHT, THERE'S ADDITIONAL SETBACKS PROVIDED IF YOU GO OVER A CERTAIN SIZE HERE.

UM, AND AGAIN, SO PART OF THESE ARE REALLY, THESE ARE THE ITEMS THAT REALLY SORT OF RESTRICT THE IMPACT OF THE LOT, UM, FOR SCENARIOS WE'RE TALKING ABOUT.

SO AS PROJECT EXAMPLE, AND AGAIN, IN FULL DISCLOSURE, AS WE MENTIONED AT THE BEGINNING OF THIS PRESENTATION, AND WE'VE BEEN, UH, THE APPLICANT HAS, WE'VE, HAS BEEN OPEN ABOUT IT THROUGH THE PROCESS IS THE EXAMPLE PROJECT, WHICH IS, UM, DEVELOPMENT OVER ACTUALLY WITHIN THE PARKSIDE VILLAGE AREA HERE.

UM, SO THESE, THESE TWO STREETS HERE,

[00:40:01]

UM, HAVE COMMERCIAL USES UP HERE.

THEN ALSO THERE'LL BE RESIDENTIAL USES.

UM, BACK IN HERE LEADS INTO THE PARKSIDE VILLAGE NEIGHBORHOOD.

THIS PIECE OF PROPERTY RIGHT HERE IS A SEPARATE PARCEL THAT'S ORIGINALLY ZONED LONG AGO, BUT IT'S ALSO CURRENTLY PROPOSED FOR A DANCE STUDIO.

UM, WE ALSO LOOK AT THE, THIS PROJECT THAT CAME FORWARD TOGETHER.

NOW, ORIGINALLY THIS WAS COMMERCIALLY ZONED FOR A SHOPPING CENTER.

THEY CAME BACK THROUGH THE PERMIT PROCESS TO TO ASK TO INSTEAD DO A DEVELOPMENT THAT HA INCLUDES A MINI STORAGE, UM, USE.

IT WOULD ALSO HAVE, UM, AN OFFICE USE AND PROPOSED POTENTIAL RETAIL.

THERE ARE LIMITATIONS FROM THE ZONING CASE THAT RESTRICT THE TYPES OF USES.

UM, FOR THIS, UM, TO KIND OF MINIMIZE THE IMPACT THAT WAS NEGOTIATED THROUGH THE ZONING CASE WITH THE PUBLIC DOES HAVE THE BUFFERS ENTRANCES AND THE LAG THAT ARE PART OF THE CONCEPTUAL PLAN.

SO AS FAR AS IT RELATES TO THE FAR, UM, BASED UPON THE PROPOSAL THAT THE APPLICANT ORIGINALLY MADE, YOU HAVE A, THE BIGGEST USE IS THE STORAGE.

IT'S, UM, THREE STORIES IN HEIGHT, UM, THROUGH THE CONDITIONAL USE.

SO IT'S ALLOWED TO GO TO A CERTAIN HEIGHT.

UM, SO IT'S ABOUT 86,000 SQUARE FEET ON OFFICE, ABOUT 7,800 SQUARE FEET IN A COMMERCIAL, ABOUT 6,500.

SO WHEN YOU TALK ABOUT THE TOTAL STRUCTURES, WE LOOK AT THIS AS A SINGLE LOT 'CAUSE IT IS CURRENTLY A SINGLE LOT.

RIGHT NOW YOUR FAR WOULD COME OUT TO UM, 0.399.

SO AGAIN, A HUNDRED THOUSAND 3 52 SQUARE FEET OF BUILDING 250,000 9 0 5 0.6 OF SQUARE FOOTAGE.

DO THE FORMULA.

0.39 IS THE FAR.

SO THE EXAMPLE THAT, THAT WE ALSO PROVIDE FORWARD IS, OKAY, THIS IS A SINGLE LOT.

SO FROM THE PERSPECTIVE OF THE APPLICANT, THEY RECOGNIZED THAT THEY WANTED TO HAVE THE ABILITY TO SUBDIVIDE THIS PROPERTY WITHIN ITS CURRENT BOUNDS OF THE PROJECT.

UM, SOFT OFTEN COMMON IN COMMERCIAL TYPES OF DEVELOPMENTS SCENARIO YOU END UP WITHOUT PARCELS.

THERE'S DIFFERENT SCENARIOS.

SOMETIMES THEY'RE LEASE AGREEMENTS WITHIN A THEIR PROJECT THING.

THERE'S OFTEN THE OPPORTUNITIES WHERE PEOPLE MAY PURCHASE THE PROPERTY AND THAT REALLY DEPENDS ON WHO THE USER IS, HOW THEY WOULD LIKE TO OPERATE THEIR PORTION OF THE BUSINESS OR THEY WOULD WHERE THEY OWN THE BUILDING OR LEASE IT OR VICE VERSA.

UM, SO FOR THIS SCENARIO, THE APPLICANT HAS PROPOSED, UM, POTENTIALLY THIS IS HOW THEY WOULD LIKE TO SUBDIVIDE THE PROPERTY.

WHEN YOU BREAK DOWN THE USES BASED UPON THE SQUARE FOOTAGE OF THE INDIVIDUAL LOT, THE FAR STARTS TO CHANGE.

WHEN YOU LOOK AT INDIVIDUAL USERS, NOT SURPRISINGLY THE STORAGE USE IS LARGE, THEIR 0.76 WOULD, UM, SUPERSEDE WHAT THE ORDINANCE ALLOWANCE WOULD BE FOR AN INDIVIDUAL LOT OF 0.4, BUT ALSO WORKS OUT THAT THE OTHER USERS GO MUCH BELOW WHAT THE 0.4 FAR WOULD BE.

UM, SO, BUT WHEN YOU LOOK AT THIS AS A PROJECT CALCULATION, AS YOU WOULD EXPECT, THE COLLECTIVELY THE PROPERTY AGAIN GETS BACK TO THE 0.399.

SO REALLY WHAT THE PROPOSAL THAT'S BEFORE YOU TONIGHT IS, YOU KNOW, TO LOOK AT IN SCENARIO THAT YOU HAVE COLLECTIVELY THE SAME FAR BASED UPON THE PROJECT DEPICTION ON PROJECT PROJECTION.

NOW THIS ONE'S A LITTLE BIT SIMPLISTIC WHEN YOU THINK ABOUT IT BECAUSE WE ALREADY HAD ONE LOT AND WE'RE, THE PROJECT IS STILL ONE LOT.

UM, I MEAN IT WILL BE SUBDIVIDED, IT'S STILL THE ONE PROJECT AREA ORIGINAL FROM THE ORIGINAL LOT.

WHAT'S OFTEN THE CASE IS WHEN WE HAVE A, A REZONING OR A CONDITIONAL USE PERMIT COME THAT COMES THROUGH, IT COULD BE A CONSOLIDATION OR, OR CONGLOMERATION OF MULTIPLE PROPERTIES BECAUSE OFTEN YOU HAVE THE, YOU KNOW, THE DEVELOPER DOESN'T HAVE CONTROL OVER ALL THOSE PIECES OF PROPERTY, BUT THROUGH THE PROCESS THEY SEEK TO GAIN THE FUTURE CONTROL OF THOSE PROPERTIES.

BUT THEY'RE ALL FROM ORIGINAL DIFFERENT PIECES.

UM, SO WHEN YOU LOOK AT IT ON A PROJECT BASIS AND WHAT IS SHOWN IN THAT ZONING CASE AS THE CONCEPTUAL PLAN, WHICH IS WHAT THIS DEVELOPER SHOWED HERE, YOU WOULD BE THE SAME SCENARIOS.

WHAT THE ORDINANCE PROPOSED IS NO MATTER WHAT THEY WERE TO BEGIN WITH OR HOW YOU SUB SUBDIVIDE THEM IN THE FUTURE, COLLECTIVELY THAT PROJECT IS SUBJECT TO THE DISTRICT FAR.

UM, YOU KNOW, THAT'S AS I GUESS AS SIMPLE AS I CAN TRY TO EXPLAIN IT HERE.

UM, AND AGAIN, YOU KNOW, IT'S, UH, FOR THIS OPPORTUNITY WE DID EXPLAIN THIS AT A, THIS WAS BROUGHT UP AT A COMMUNITY MEETING, SO IT WAS DIFFERENT THAN THE ORIGINAL PROPOSAL THAT CAME BEFORE THIS BODY.

THIS IS A NEW REQUEST, UM, BY THE APPLICANT ON THIS.

UM, YOU KNOW, IF YOU HAVE ANY QUESTIONS FOR ME, I'LL BE GLAD TO ANSWER THEM AND I'LL SAY THE APPLICANT IS HERE AS WELL.

QUESTIONS, UM, CAN YOU GO INTO GREATER DETAIL WHEN YOU WERE TALKING ABOUT THE COMMERCIAL BUSINESSES THAT WERE ON EITHER SIDE OF THAT STORAGE UNIT, LIKE WHAT TYPE OF, I GUESS PERMITTED USES ARE THERE FOR THOSE

[00:45:01]

SPACES? UM, SO OFFICE WAS A PERMITTED USE, UM, WHICH IS, UH, FOR THIS CONCEPTUAL PLAN, IT'S THE PIECE WITH THE, THERE WE GO.

IT'S BACK HERE.

IF YOU SEE THAT BACK USE IS CLOSER HERE.

THIS WAS, UM, UM, REALLY PROPOSED TO BE A RETAIL USE.

THERE WERE OTHER USES WITHIN THE B ONE THAT WERE BASICALLY CALLED OUT AND REMOVED FROM THE OPPORTUNITY.

IN ADDITION FOR THIS CASE, FOR THE RETAIL, IT WAS ALSO REMOVED FROM, UH, DRIVE-THROUGH USES AS WELL.

SO REALLY IT COULD JUST BE, SO JUST CLARIFY, NO DRIVE-THROUGH USES NO DRIVE-THROUGH USES FOR THIS CASE.

YEAH.

QUESTION ABOUT FLOOR AREA RATIO.

IS IT JUST INSIDE, UH, AREA, UH, INSIDE WALLS? IS IT JUST ROOFED AREAS? WHAT ARE, IS IT, WHAT ARE THE RESTRICTIONS ON THAT? SO YEAH, UH, IT'S IN THE DEFINITION.

I'LL TAKE YOU BACK THERE.

UM, SO IT SAYS AREAS FLURRY WITHIN THE INSIDE PERIMETER OF THE EXTERIOR WALLS.

AND SO YOU DON'T COUNT LIKE VENT SHAFT QUARTS.

UM, YOU STILL COUNT EVERYTHING THAT'S CORRIDORS, STAIRWAYS, RAMPS, THE THICKNESS OF THE WALLS.

SO REALLY YOU'RE DRAWING A SQUARE AROUND THE BUILDING.

UM, IF THEY HAVE LIKE INTERIOR COURTS, RIGHT? WHICH IS, YOU KNOW, IT'S NOT MOSTLY USED IN SUBURBAN, BUT IF YOU THINK OF A MORE OF A, A HOTEL TYPE USE INSIDE OF A DOWNTOWN AREA MM-HMM.

, YOU KNOW, THAT COURT MAY BE EXCLUDED FROM THE, UM, THE CALCULATION OF FAR.

RIGHT.

SO IT'S WALLED AND ROOFED, RIGHT? UH, SO COVERED PORCHES DON'T COUNT? NO, WELL THOSE ARE, THOSE ARE SORT OF EXTERIOR.

OKAY.

UM, TYPE THING.

SO FOR THIS SCENARIO, I WOULD SAY THAT IT'S INTERIOR.

I WOULDN'T COUNT A, LIKE A JUST COVERED PORCH IF IT'S NOT ENCLOSED.

OKAY, THANKS.

AND IF THE PROPERTY WAS SOLD LET'S SAY IN THE NEXT COUPLE OF YEARS, HOW WOULD THAT AFFECT THE FAR? UM, SO REALLY THE, THE CONDITIONS CARRY FORWARD, UM, JUST LIKE PREVIOUS CASE WE WERE TALKING ABOUT FOR THE ADAMS. UM, THE CONDITIONS WOULD CARRY FORWARD WITH THIS PROPERTY NO MATTER WHO THE OWNERS ARE IN THE FUTURE.

UM, SHOULD THE PARCEL BE SUBDIVIDED AMONGST OWNERS, EACH ARE STILL SUBJECT TO THE CONDITIONS OF THIS CASE.

UM, SO REALLY IT COMES DOWN TO ALLOTMENT OF FAR.

IT COMES DOWN TO THE DEVELOPER.

UM, YOU KNOW, FOR THE SCENARIO IT'S, YOU KNOW, IF IF YOU'RE THE, THE LARGE UH, ANCHOR, THEN YOU'RE THE ONE THAT'S REALLY MAYBE CONCERNING HOW IT GETS DISTRIBUTED AMONGST THOSE.

BUT ALL THE CONDITIONS OF THE CASE, ALL THE CONDITIONS OF FAR WOULD STILL CARRY FORWARD, UM, ACROSS THE BOARD.

ALRIGHT.

THANK YOU.

MM-HMM.

.

THANK YOU APPLICANT.

NEXT SPEAKER.

GOOD EVENING, MR. CHAIRMAN, MEMBERS OF THE COMMISSION.

I'M CARRIE HUTCHERSON, THE APPLICANT AND UH, I HAVE, I JUST GOT THE PRESENTATION FROM THE COMMUNITY MEETING WE HAD UP HERE BECAUSE I THOUGHT I MIGHT NEED TO REFER TO SOME THINGS IF YOU HAVE ANY QUESTIONS, BUT MR. CASH DID A GREAT JOB OF GOING THROUGH MOST EVERYTHING THAT I WOULD'VE WANTED TO PRESENT TO YOU.

I DID WANNA JUST REITERATE THAT THIS HAS BEEN A PROCESS THAT'S BEEN GOING ON FOR A WHILE.

UH, I FIRST STARTED TALKING TO THE COUNTY STAFF ABOUT THIS, OH, IN PROBABLY JANUARY OF 2023.

AND, UH, WE WE'VE GONE THROUGH A FEW ITERATIONS.

AT FIRST IT LOOKED LIKE THIS MIGHT BE AN AMENDMENT TO THE ZONING ORDINANCE THAT THE COUNTY STAFF MIGHT WANT TO TAKE ON ITS OWN INITIATIVE.

THEN IT SEEMED LIKE THERE WASN'T REALLY TIME ON THE STAFF'S HANDS TO DO THAT SORT OF THING.

I SAID, I'LL BE GLAD TO TAKE IT ON.

UM, I WAS LOOKING AT A NARROWER TYPE OF AMENDMENT INITIALLY AND THEN THE COUNTY STAFF SAID, WELL, THE MORE WE LOOK AT THIS, THE MORE WE THINK THAT WE COULD PROBABLY REMOVE THE FAR REQUIREMENT FROM ALL THE COMMERCIAL AND INDUSTRIAL ZONES EXCEPT FOR THE MPUD AND THEN, UH, RESIDENTIAL ZONE RPUD.

UM, I SAID THAT'S FINE, I'M GONNA GO WITH THE RECOMMENDATIONS OF THE COUNTY STAFF.

WE GOT TO FEBRUARY, 2024 PLAN COMMISSION MEETING AND THERE WERE A LOT OF CITIZENS WHO HAD CONCERNS.

THEY FELT LIKE THIS WAS JUST AN OVERBROAD AMENDMENT TO THE ORDINANCE.

THERE WAS A LOT OF CONCERN ABOUT UNATTENDED CONSEQUENCES AND I GET THAT.

UH, AND GOT THAT AND SAID, I'M HAPPY TO DEFER THE CASE, WORK ON NARROWING THIS DOWN.

WE'LL HAVE A COMMUNITY MEETING, WE'LL SEE IF WE CAN GET SOME MORE COMMENTS FROM FOLKS AND TRY TO ADDRESS ISSUES.

AND THE ISSUES THAT I HEARD COMING UP OVER AND OVER WHERE PEOPLE WERE CONCERNED ABOUT UNATTENDED CONSEQUENCES, THEY WANTED SOME CERTAINTY AS TO WHAT DEVELOPMENT REGULATIONS WOULD BE IN PLACE IN CONNECTION WITH A PARTICULAR REZONED PIECE

[00:50:01]

OF PROPERTY.

AND THAT WAS WHY WITH THE NEW PROPOSAL, I DECIDED IT'D BE BETTER TO JUST FOCUS ON, RATHER THAN REMOVING THE FAR REQUIREMENT, TYING IT, IF YOU'VE GOT A PROJECT LIKE MR. CASH WAS EXPLAINING, WHERE YOU'VE GOT MAYBE MULTIPLE PARCELS WITHIN A PROJECT THAT ARE ALL REZONED AT THE SAME TIME AND ARE SUBJECT TO A PROFIT OR CONDITIONED CONCEPT PLAN, THAT THE FAR REQUIREMENT WOULD APPLY TO THE ENTIRE PROJECT.

AND IN THAT WAY, THE CONCEPT PLAN THAT'S APPROVED THROUGH THAT ZONING PROCESS COULD INCLUDE ALL THE REGULATIONS THAT WE WOULD WANT TO INCLUDE AS A COMMUNITY COMMUNITY INCLUDING THE APPLICANT, THE CITIZENS AND THE COUNTY OFFICIALS, UM, SETBACKS, BUFFERS, ACCESS AREAS, PARKING AREAS, BUILDING SIZES AND LOCATIONS.

WE COULD HAVE ALL OF THAT SET FORTH IN A CONCEPT PLAN AND THEN THERE WOULD BE A LEVEL OF CERTAINTY.

PEOPLE WOULD KNOW, EVEN IF THIS PROPERTY IS LATER DIVIDED INTO SEPARATE PARCELS, UH, THE BOUNDARY LINES OF THOSE PARCELS WON'T MATTER BECAUSE OVERALL THE FAR REQUIREMENT WILL BE MET OVERALL ALL OF THOSE PARCELS SUBJECT TO THAT CONCEPT PLAN.

AND THAT ZONING CASE WILL HAVE TO ABIDE BY THE CONDITIONS IN THAT CASE AND GENERALLY CONFORM WITH THAT CONCEPT PLAN.

AND THAT'LL GIVE US ALL THE CERTAINTY TO KNOW THAT WE WON'T HAVE SOME UNINTENDED UNEXPECTED CONSEQUENCE THAT RESULTS FROM THE DEVELOPMENT.

UM, AND WE DID HAVE SOME CONCERNS THAT CAME UP DURING THE COMMUNITY MEETING.

PEOPLE ASKED ABOUT, UH, YOU KNOW, WHAT WOULD HAPPEN IF A PARCEL WITHIN THE PROJECT WAS SOLD OFF.

I'M ACTUALLY GONNA PULL UP, UM, A SLIDE THAT I THINK IS JUST HELPFUL TO HAVE UP WHILE WE TALK ABOUT THINGS.

UM, MR. CASH MENTIONED SOME OF THIS AND I'M JUST GONNA REITERATE IT 'CAUSE I THINK IT'S IMPORTANT.

IT WAS A GOOD QUESTION.

THE CITIZENS ASKED AND I UNDERSTAND WHY SOMEONE WOULD BE CONCERNED.

UM, LET'S SEE IF I, I'M NOT SURE HOW TO MAKE THE THERE.

OKAY, SO , SO LET'S SAY SOMEBODY WANTED TO PURCHASE, LET'S SAY THESE, THESE RED LOT LINES WERE CREATED THROUGH A NON-RESIDENTIAL SUBDIVISION PLAT AND SOMEONE WANTED TO PURCHASE THIS LOT OVER HERE.

AND THEN THE PURCHASER REALIZED, YOU KNOW, I'D REALLY LIKE A LARGER BUILDING ON THAT LOT.

I'M GONNA COME BACK TO THE COUNTY AND APPLY FOR A BUILDING PERMIT FOR A LARGER BUILDING.

AND SOME CITIZENS WERE CONCERNED, WELL, YOU KNOW, WHAT HAPPENS NOW? COULDN'T THEY EXCEED THE FAR? AND YOU KNOW, IT WAS NICE THAT WE HAD RAY AT THE MEETING, MR. CASH WAS, WAS VERY HELPFUL IN EXPLAINING NO, THAT WOULD BE REJECTED BY THE COUNTY STAFF.

THAT PERMIT WOULD NOT GET APPROVED BECAUSE EXCEEDING THE SIZE ON THAT ONE LOT WOULD MAKE THE ENTIRE FAR PROJECT FAR, UM, NO LONGER COMPLIANT WITH THE ZONING ORDINANCE.

UM, THERE WAS ANOTHER CONCERN THAT, YOU KNOW, WHAT, IF SOMEONE WERE TO TRY TO COME BACK AND, AND AMEND THE ZONING OR CHANGE THE ZONING REGULATIONS FOR JUST THAT LOT, WHAT WOULD HAPPEN THEN? AND THERE'S A COUPLE OF ISSUES THAT WOULD COME UP AT THAT TIME.

ONE, UH, IF THIS, IF ONE OF THESE LOTS WAS REZONED IN A WAY THAT ALLOWED FOR A GREATER FAR, WELL THESE LOTS ARE STILL GONNA BE SUBJECT TO THAT ORIGINAL CONCEPT PLAN IN FAR.

AND IF THEY DON'T HAVE THIS ONE HERE TO BALANCE THINGS OUT, THEN THERE WOULD BE A COMPLIANCE ISSUE WITH THE REMAINING LOTS.

AND THAT'S AGAIN, SOMETHING THAT MR. CASH CONFIRMED THE STAFF WOULDN'T SUPPORT GOING FORWARD.

AND I WOULD HOPE THAT THE P COMMISSION AND BOARD SUPERVISORS WOULDN'T SUPPORT THAT EITHER.

UM, SO WE'VE GONE THROUGH THOSE SCENARIOS AND THE WHAT IFS, I THINK WE'VE GONE THROUGH THEM PRETTY THOROUGHLY AT THIS POINT AND WE KEEP COMING BACK TO, UH, WHAT I THINK IS THE KEY TO THIS IS THAT REQUIRING THAT IF YOU HAVE A PROFFERED OR CONDITIONED CONCEPT PLAN, DEFINE YOUR PROJECT AREA FOR AN FAR REGULATION THAT IS APPLIED ON A PROJECT WIDE BASIS, THEN YOU'VE GOT ALL KINDS OF WAYS

[00:55:01]

BEYOND JUST THE FAR REQUIREMENT THAT THE COUNTY CAN REGULATE WHAT GETS BUILT ON A PIECE OF PROPERTY WITHIN A DEVELOPMENT PROJECT.

UM, SO I'VE SPENT A LOT OF TIME GOING THROUGH SOME OF THE THINGS THAT WE'VE TRIED TO ADDRESS WITH THIS.

UH, DIDN'T REALLY FOCUS TOO MUCH ON THE WHOLE PURPOSE OF WHY WE WERE COMING FORWARD WITH THIS AMENDMENT, BUT I THINK THAT'S BEEN EXPRESSED ALREADY.

BUT JUST TO REITERATE THIS TYPE OF SCENARIO WHERE YOU'VE GOT A DEVELOPMENT PROJECT THAT STARTS OUT WITH ONE DEVELOPER BUYING A PIECE OF LAND FOR A PRIMARY USE, UH, THAT'S KIND OF THE ANCHOR USE FOR THE DEVELOPMENT.

AND THEN WANTING TO BE IN A POSITION TO POTENTIALLY SELL OFF PORTIONS OF THAT INITIAL PROPERTY TO OTHER END USERS IS VERY COMMON IN THE COMMERCIAL AND INDUSTRIAL DEVELOPMENT WORLD.

AND BEING ABLE TO UTILIZE A PROJECT-WIDE, FAR REGULATION WOULD HELP TO ENCOURAGE MORE COMMERCIAL DEVELOPMENT IN GLIN.

UH, THIS IS SOMETHING THAT'LL HELP BALANCE THE TAX BASE.

RIGHT NOW IT'S A PRETTY RESIDENTIAL HEAVY TAX BASE.

UM, AND IT'S, IT'S SOMETHING THAT WHERE YOU'RE ENCOURAGING COMMERCIAL AND INDUSTRIAL DEVELOPMENT THROUGH YOUR COMPREHENSIVE PLAN, UH, YOU'LL HAVE MORE OPPORTUNITIES IN THE MARKETPLACE FOR PEOPLE TO SAY, UM, YES, WE'D LIKE TO DO BUSINESS IN CLAND COUNTY.

SO THAT SEEMS LIKE A GOOD THING TO ME FROM MY PERSPECTIVE.

I DO HAVE A LOT OF CLIENTS TO DO COMMERCIAL AND INDUSTRIAL WORK, SO I'LL BE FORTHRIGHT ABOUT THAT.

UM, IF YOU HAVE ANY QUESTIONS, I'M HAPPY TO ANSWER THEM.

OTHERWISE I'LL JUST WAIT AND SEE IF ANYONE FROM THE COMMUNITY HAS ANY COMMENTS OR QUESTIONS AND TRY TO RESPOND TO THOSE.

ANYBODY QUESTION? YEAH, I HAVE A QUESTION ON, UH, THIS EXAMPLE, UH, 'CAUSE THAT'S REALLY ALL THIS IS, THE AMENDMENT IS NOT SPECIFIC TO THIS PROPERTY, BUT FOR THIS EXAMPLE, UH, LET'S ASSUME THAT THE, UH, THE LARGE BUILDING GETS BUILT.

MM-HMM.

AND THEN TWO OTHER PARCELS ARE SOLD.

THERE'S STILL GRASS AT THAT POINT.

UM, AND THEN SOMEBODY WANTS TO BUILD A LARGER THAN THIS PLAN RIGHT HERE, A LARGER RETAIL SPACE.

AND THAT WOULD AFFECT THEN HOW LARGE THE OFFICE SPACE COULD BE.

MM-HMM.

, CAN THEY DO THAT OR DOES THIS, UH, PLAN SQUARE FOOTAGE FOR THESE THREE BUILDINGS GO WITH THE, UM, GO? IS IT, IS IT PART OF THE PROJECT PLAN? WELL, THIS CONCEPT PLAN IS PRETTY SPECIFIC AS FAR AS BUILDING DIMENSIONS GO.

MM-HMM.

.

SO THAT MIGHT BE A BETTER, A QUESTION BETTER ANSWER BY THE STAFF.

I'M NOT THE PERSON WHO ENFORCES THESE, YOU KNOW, CONCEPT PLANS, BUT THIS IS A CONCEPT PLAN THAT SHOWS BUILDING DIMENSIONS.

SO IF SOMEONE WERE TO COME TO ME AND SAY, CAN I BUILD THIS? I WOULD SAY, I THINK YOU NEED TO CHECK WITH THE COUNTY AND MAKE SURE THAT THEY'RE NOT GOING TO TELL YOU NO.

YOU HAVE TO BUILD WITHIN THE BUILDING DIMENSIONS THAT ARE SHOWN ON THIS CONCEPT PLAN.

WELL, OR A TWO STORY.

YOU COULD, YOU COULD ACTUALLY STAY WITHIN THE BUILDING DIMENSIONS AND EXCEED THE FLOOR AREA THAT'S SPECIFIED.

RIGHT.

AND THEN YOU MIGHT HAVE AN ISSUE WITH THE FLOOR AREA BECAUSE IF YOU EXCEEDED THE HEIGHT OR IF YOU HAD MORE STORIES, THEN YOUR FLOOR AREA WOULD INCREASE.

SO, SO MY QUESTION IS, DOES THE SQUARE FOOTAGE ALLOCATED TO EACH OF THESE THREE POSSIBLE SUBDIVIDED PROPERTIES, TRAVEL WITH THAT AS THEIR TOLD? YES.

YES.

AND YOU SAY YES.

YES.

THAT, I MEAN, THAT'S THE WAY THAT I READ CERTAINLY THIS CONCEPT PLAN.

AND, AND, AND THE, THE POINT IS IN THE AMENDMENT THAT IT'S, IT'S PROPOSED IS DO YOU FEEL LIKE THAT'S CLEAR IN THAT? I DO.

AND, AND IT'S LIKE ANY ZONING ORDINANCE, UH, YOU KNOW, ANY ZONING ORDINANCE IS GOING TO RUN WITH THE LAND, AS WE SAY.

SO AS IT'S TRANSFERRED, THOSE RULES CONTINUE TO APPLY.

LIE.

ALRIGHT.

THANK YOU.

MM-HMM.

, ANY OTHER QUESTIONS? THANK YOU VERY MUCH, COUNSELOR.

THANKS.

I'LL OPEN THE FLOOR TO CITIZEN COMMENT TO ANYBODY WHO WANTS TO COME UP, PLEASE.

THREE MINUTES.

HELLO, MY NAME IS ROB WILLIAMSON.

I LIVE AT 2 2 6 2 WHEATLAND DRIVE, MANNEQUIN SABOT.

UH, BIG QUESTION TO YOUR QUESTION, WHICH WAS VERY GOOD, IS HOW DOES IT TRAVEL WITH THE PROPERTY? AND I'LL, I'LL GET TO THAT IN A SECOND.

UH, THIS, UH, AMENDMENT IS MORE PREFERRED THAN GOING AND STRIKING A USEFUL TOOL OUT OF ALL THE OTHER COMMERCIAL, UH, ORDINANCES THAT EXIST.

SO,

[01:00:01]

UH, THAT, THAT'S ONE BENEFIT.

THE OTHER ISSUE IS, IF YOU LOOK AT THE ANCHOR, IT HAS A 0.76, ALMOST DOUBLE THE 0.4 FOR, FOR THE ENTIRE PROJECT.

SO WHAT IT MUST DO IN ORDER TO ACHIEVE THAT FAR IS TO BORROW FROM THE OTHER TWO.

NOW, IN THE FUTURE, THEY'RE GONNA BE PROJECTS OF 10, 10 LOTS, A HUNDRED LOTS, MAYBE IT, IT DEPENDS ON THE SIZE OF, YOU KNOW, IF THEY'RE GONNA DO AN INDUSTRIAL PARK, ET CETERA.

JUST A, OF A SHOPPING CENTER.

SO WHAT'S IMPORTANT TO KNOW IS WHEN ONE OF THE LOTS BORROWS FROM THE OTHERS, WHAT LOCKS THAT IN PHYSICALLY, WHAT'S THE MECHANISM, THE HOW, AND THEN HOW DOES THAT TRAVEL? BECAUSE IT SHOULD BE CLEAR TO STAFF SO THEY CAN TRACK IT FIVE YEARS FROM NOW, 10 YEARS FROM NOW WHEN THE PROJECT HASN'T BEEN TOTALLY, UH, COMPLETED.

BUT THEY WANNA CARVE OUT A LOT NOW THAT OWNER DISAGREES THAT HE'S LOCKED IN.

SO HE STARTS A ZONING ACTIONS THAT THAT'S GONNA COME BACK TO THIS BOARD TO ALLOCATE MORE OF THE FAR TO THAT PARTICULAR LOT POTENTIALLY.

SO IT NEEDS A MECHANISM IN PLACE TO LOCK THAT IN.

AND IT TRAVELS AND IT'S CLEAR TO STAFF, IT'S CLEAR TO THE COMMISSION, AND IT'S CLEAR TO THE BOARD OF SUPERVISORS.

AND, AND THAT'S THE CONS, THAT'S THE CONSEQUENCE, UH, OR THE CONCERN THAT I HAVE, UH, WITH THIS PROPOSAL.

I'M NOT AGAINST IT, LIKE I SAID, IT'S PREFERRED RATHER THAN TAKING, STRIPPING AWAY THE REQUIREMENT FROM THE COMMERCIAL AND THE BUSINESS, UH, ORDINANCES.

BUT IT NEEDS TO BE CLEAR, CONCISE.

AND THIS BODY NEEDS TO BE THE GATEKEEPER FOR FUTURE PROJECTS THAT COME BEFORE IT, REALIZING THAT IF THEY'VE HAD BORROWED FAR FROM CERTAIN LOTS, THAT THERE'S A CLEAR UNDERSTANDING THAT AT THE LEADERSHIP LEVEL THAT THERE HAS TO BE A COMPELLING ARGUMENT TO EXCEED THAT.

'CAUSE THEY MAY COME BACK WITH A CUP REQUEST OR, OR A REZONING JUST FOR THAT ONE LOT.

SO THAT'S WHERE IT'S IMPORTANT THAT IT'S COMMUNICATED CLEARLY AND CONCISELY.

SO THANK YOU VERY MUCH.

THANK YOU.

GOOD EVENING.

MARGARET LEVITT, 70 36 BEN HALL CIRCLE IN PARKSIDE VILLAGE.

UM, THE FIRST THING I WOULD LIKE TO SAY IS THAT I APPRECIATE, UM, THE TIME THAT STAFF AS WELL AS THE APPLICANT HAS AFFORDED US IN THIS PROCESS TO TRY AND EXPLAIN THIS AND HOW IT WILL AFFECT OUR COMMUNITY.

UM, BECAUSE ON EITHER SIDE OF THAT IS RESIDENTIAL 55 AND OLDER, THIS WILL AFFECT US GREATLY.

SO WE WERE VERY INVOLVED, UM, WHEN ANDREW BROWNING AND NEIL FARMER AND LAWRENCE FELD, UM, WANTED TO REZONE THIS PARCEL.

AND WE WERE OPEN TO THE, UM, STORAGE FACILITY BECAUSE IT WOULD BE LESS TRAFFIC THROUGH OUR NEIGHBORHOOD.

SO I, I'M ALSO CONCERNED BEYOND THIS PARCEL IS THERE'S, THERE'S PARCELS RIPE FOR DEVELOPMENT ALONG ASHLAND ROAD THAT, UM, RESIDENTS BACK UP TO, UM, AND ALSO LONG JOHNSON ROAD.

AND I'M BEING TOLD THAT THERE'S OTHER TOOLS RELATING TO BUILDING HEIGHT, UM, PARKING, SETBACKS, AND BUFFERS THAT SHOULD PROTECT OUR COMMUNITY.

AND I HOPE THAT'S TRUE, AND I'M RELYING ON STAFF AND YOU ALL TO BE SURE THAT WE ARE PROTECTED BECAUSE THESE ARE OUR RETIREMENT HOMES.

SO MANY PEOPLE, ESPECIALLY IN SECTION FIVE, WHO ARE NOW BACKING UP TO JOHNSON ROAD, WHICH THERE'S A PARCEL FOR B ONE AND M1, HAVE INVESTED SO MUCH IN THEIR BACK SPACES.

THOSE PEOPLE WHO LONG LIVE ALONG SHEFIELD AVENUE HAVE ALSO INVESTED IN THEIR BACK SPACES.

AND I JUST CAN'T IMAGINE IF, IF THERE'S, UM, A BUILDING THAT'S MAYBE FOR WAREHOUSE SPACE, WHICH I CRINGE TO EVEN SAY THAT, THAT WOULD BE PUT BEHIND OUR RESIDENTIAL COMMUNITY LOOKING DOWN ON OUR RESIDENTS AND THEIR BACK SPACES.

I DON'T THINK ANY OF YOU ALL WOULD LIKE THAT.

AND IT'S NOT SOMETHING THAT WE WANT EITHER.

SO WE'RE, WE'RE ALL FOR REASONABLE GROWTH, REASONABLE DEVELOPMENT.

UM, BUT I SURE HOPE THOSE OTHER TOOLS ARE GONNA PROTECT US.

BUT HERE AGAIN,

[01:05:01]

I APPRECIATE STAFF'S TIME AS WELL AS THE APPLICANT'S TIME TO HEAR OUR CONCERNS AND UNDERSTAND OUR PREDICAMENT.

THANK YOU.

THANK YOU.

THANK YOU.

ANY OTHER COMMENTS? CLOSE THE, UH, CITIZEN COMMENT.

OKAY.

QUESTIONS, DISCUSSIONS, COMMENT FROM THE ORIGINAL ZONING ORDINANCE TO THIS ONE.

I DO THINK THIS IS A GOOD COMPROMISE.

UM, I, YOU KNOW, LISTENING TO THE CITIZENS, I DO APPRECIATE COMING BACK AND SAYING, WOW, THERE WAS SOME PUSHBACK AND THIS IS NOW WHAT WE WANNA DO.

SO I DO APPRECIATE, AND I, I AM PERSONALLY, I DO THINK IT'S A GOOD COMPROMISE, UM, FOR ALL INVOLVED.

THANK YOU.

I MOVE THAT THE PLANNING COMMISSION RECOMMEND APPROVAL AS AMENDED TO ZONING ORDINANCE AMENDMENT ZERO A DASH 2 0 2 3 DASH 0 0 0 0 2.

I'LL SECOND.

ALL IN FAVOR? AYE.

AYE.

AYE.

THANK YOU.

THE MOTION TO RECOMMEND APPROVAL PASSES ON A FIVE OH VOTE.

THIS CASE WILL BE SCHEDULED FOR PUBLIC HEARING BEFORE THE BOARD OF SUPERVISORS ON JUNE 4TH, 2024, WITH A RECOMMENDATION OF APPROVAL FROM THE PLANNING COMMISSION.

WE HAVE, UM, TWO

[9. Old Business-None]

BYLAWS.

WE HAVE NO OLD BUSINESS.

WE DO HAVE OTHER BUSINESS.

YES.

OUR, OUR FIRST ITEM IS OUR DIRECTOR UPDATE FROM MS. SHERRY.

OKAY.

GOOD EVENING.

IN FRONT OF YOU IS A LIST OF, UH, PAST BOARD MEETINGS.

WE JUST HAD A BOARD MEETING, UH, TWO DAYS AGO.

[10. Other Business-Director Update]

AND SYDNEY.

AND SYDNEY, WHICH WAS THE, UM, CASE FOR REZONING OVER OFF GREEN, UM, I GUESS OFF GREENBRIAR.

THAT WAS DEFERRED AT THE BOARD TO THE JUNE MEETING.

THE TWO, UH, ELECTRONIC MESSAGE BOARD SIGNS THAT WENT THROUGH THE FORMER COMMISSION, A FULL FORMER COMMISSION WITH A FIVE OH VOTE THAT WAS ALSO APPROVED BY THE BOARD OF SUPERVISORS.

UM, IN MAY, COMING UP IN MAY ARE THE THREE ARE THE CASES THAT WAS HEARD, UM, BY THE, BY THE PLANNING COMMISSION, UH, CHARLES STATTON, THE BRIGHT CASE, AND CHRIS GERMAINE.

THOSE ARE ALL CASES THAT WERE HEARD AT A INDIVIDUAL MEETING.

PLUS, COMING BACK TO THE BOARD IS THE ORDINANCE AMENDMENT FOR ACCESS MANAGEMENT.

THAT WAS ACTUALLY DEFERRED FROM THE DECEMBER MEETING OF THE BOARD.

SO COMING UP, UM, IN FRONT OF THIS COMMISSION IN MAY, WE HAVE A CELL TOWER.

WE HAVE A, UH, SHOOTING RANGE, WHICH IS ACTUALLY A GUNSMITH WHO IS, UH, UH, TESTING GUNS IN, UM, AT, AT HIS PROPERTY.

UH, WE HAVE A, A SHORT TERM RENTAL.

ACTUALLY, THIS IS A RENEWAL FOR A CUP, UH, THAT IS ADDING SOME SHORT TERM RENTAL AS WELL AS A FAMILY WINERY.

I MEAN, EXCUSE ME, A FARM WINERY, .

I DON'T HAVE MY GLASSES ON.

THEY DON'T WORK IN THE DISTANCE FROM READING, UM, AS WELL AS A TASTING ROOM.

AND, UH, THIS WOULD BE A RENEWAL TO THE REPUBLIC ASSEMBLY PLACE THAT THEY HAVE CURRENTLY ON THE PROPERTY.

THAT'S BANDITS RIDGE.

UH, WE HAVE CORNELIA DAN, UH, DANDRIDGE.

HE'S GOING TO BE, UH, REQUESTING A CONDITIONAL USE PERMIT FOR A SMALL CONTRACTOR STORAGE BUILDING.

AND THEN WE HAVE A MEDICAL OFFICE BUILDING, UH, UH, PROPOSED FOR BROAD STREET RIGHT THERE AT MILLS ROAD.

AND THEN, UM, BELOW THAT WE HAVE A SERIES OF COMMUNITY MEETINGS, UH, GOING ON.

YOU ALL HAVE A COPY IN FRONT OF YOU, BUT FOR THE PUBLIC, UH, JAMES MYERS IS GONNA BE REQUESTING A CONDITIONAL USE PERMIT FOR AN ACCESSORY FAMILY HOUSING UNIT.

THIS IS ON SHANNON HILL ROAD.

ALL OF THIS IS ON OUR WEBSITE TOO.

I DO WANNA MAKE SURE I'M GOING THROUGH THIS VERY QUICKLY.

FOR THOSE OF YOU AT HOME, PLEASE GO TO THE PLANNING AND ZONING WEBSITE AND YOU WILL BE ABLE TO FIND THIS.

UM, WE HAVE THE RODRICK CASE, WHICH IS ANOTHER, UH, FAMILY HOUSING, UM, ACCESSORY UNIT.

THE FIRST ONE IS A RENEWAL.

THIS WOULD BE A NEW ONE.

UM, MARKEL EAGLE IS, UH, PROPOSING A SUBDIVISION ON ROCKVILLE ROAD.

AND THAT IS, UH, GONNA BE HELD ON MATTHEW AT ST.

MATTHEW'S CHURCH IN OCTOBER 30TH.

I'M STARTING TO NOT BE APRIL 30TH.

I'M STARTING TO BE NOT BE ABLE TO SEE THE SCREEN.

I DIDN'T PRINT IT OUT, FORGIVE ME.

AND THEN, UH, THERE WILL BE A RENEWAL FOR A CUP BY BEVERLY THURSTON FOR SHORT TERM RENTAL.

UM, ALL THOSE DATES AND TIME AGAIN, FORGIVE ME, I'M ARE ON THE, UH, ON THE WEBSITE.

[01:10:01]

THANK YOU.

OUR NEXT ITEM IS ADOPTION OF THE 2024 PLANNING COMMISSION BYLAWS.

MS. JACKSON WILL

[1. Adoption of 2024 Planning Commission Bylaws]

GO OVER THE PROPOSED CHANGES TO THE BYLAWS, AND THEY WILL REQUIRE A MOTION AND A VOTE.

THANK YOU, MS. PARKER.

GOOD EVENING COMMISSIONERS.

STARTING ON PACKET.

PAGE 37 IS THE PLANNING COMMISSION'S, BYLAWS AND RULES OF PROCEDURE.

WE GO OVER THESE EACH YEAR AT OUR ANNUAL MEETING AND JUST DO ANY UPDATES FROM STATE CODE OR THAT WE FOUND WE NEEDED DURING THE YEAR.

A LOT OF THESE ARE JUST GRAMMATICAL CHANGES, BUT I'LL JUST TAKE THE OPPORTUNITY TO GO OVER SOME OF THE OTHER CHANGES WE MADE.

UM, IN SECTION TWO, 2.1 HERE ON PAGE ONE, WHICH IS PACKET PAGE 37.

UM, YOU'LL NOTE WE STARTED OUR MEETING TONIGHT AT SIX 30 AND WE'VE RECENTLY, UM, CHANGED THE MEETING DATE FROM THE FIRST THURSDAY TO THE THIRD THURSDAY.

SO THIS REFLECTS THAT AND ALSO REFLECTS THAT THE MEETINGS WILL START AT 6:00 PM UM, STARTING NEXT MONTH IF YOU ALL APPROVE.

THAT'S, THAT'S WHAT WE TALKED ABOUT TO, TO ALIGN THE START TIME WITH THE SAME AS THE BOARD OF SUPERVISORS MEETING START TIME.

SO THAT'S THE CHANGE.

UM, IN PARAGRAPH 2.1.

UM, ALSO AT THE BOTTOM OF PAGE ONE, PACKAGE PACKET, PAGE 37, YOU'LL SEE THAT THE WORKSHOP IS STRUCK THROUGH.

UM, MOSTLY BECAUSE WE MOVED THE MEETING TIME UP.

AND WHAT WE DID AT THE WORKSHOP WAS THE DIRECTOR UPDATE.

THAT IS NOW JUST GONNA BE A PART OF THE REGULAR MEETINGS.

THAT DOESN'T MEAN WE CAN'T HAVE WORKSHOPS.

MM-HMM, , WE CAN JUST SCHEDULE THEM INDIVIDUALLY.

MM-HMM, .

AND, AND YOU CAN PROPOSE AMENDMENTS TO YOUR BYLAWS ANYTIME.

IF WE DECIDE, HEY, YOU WANNA MEET AT FIVE OR FOUR OR SOMETHING CRAZY LIKE THAT AND HAVE ONE AFTER AT EVERY MEETING, THAT, THAT'S SOMETHING THAT WOULD BE OPEN FOR CONSIDERATION.

UM, PAGE TWO.

IT'S JUST GRAMMATICAL EDITS.

PAGE THREE.

SO NOW I'M ON PACKET, PAGE 39.

UM, THERE'S NO CHANGES TO SECTION 2.6, 0.3 MAJORITY VOTE.

I JUST WANTED TO POINT OUT, IT'S SOMETHING A LITTLE BIT UNIQUE WITH LAND USE CASES.

UM, WHAT, WHAT IT SAYS HERE, THE SECOND SENTENCE, WHEN A MOTION IS MADE TO APPROVE AN ITEM AND A MAJORITY OF MEMBERS VOTE AGAINST THAT ITEM, THAT'S GONNA BE CONSIDERED A MOTION TO DENY THE ITEM.

UM, BECAUSE WE'RE VOTING SOMETHING UP OR DOWN.

AND, AND A POSITIVE MOTION IS AN APPROVAL MOTION.

IT'S, IT'S NOT GONNA BE A FAILED MOTION.

SO JUST SOMETHING, SOMETHING TO THINK ABOUT.

UM, WE'RE, WE'RE NOT GONNA TAKE A SECOND VOTE ON THAT.

THAT'S GONNA BE ACTION ON THE ITEM, EVEN THOUGH A MAJORITY VOTED AGAINST IT.

NOT TO BE CONFUSING, BUT IT WOULDN'T WORK THE SAME ON A DENIAL MOTION.

'CAUSE THAT'S, IT'S NOT A MOTION FOR APPROVAL.

UH, IF THREE PEOPLE VOTED, UM, AGAINST A DENIAL, THAT WOULD BE A FAILED MOTION.

HOPEFULLY THIS NEVER HAPPENS.

JUST SOMETHING TO KEEP IN MIND, .

AND THEN, UM, ON THE TIE VOTE, THE VERY NEXT PARAGRAPH, SECTION 2.6 0.4, THIS HAS HAPPENED A FEW TIMES.

MAYBE A MEMBER IS ABSENT AND IT'S JUST TWO TWO.

SO THE PROCEDURE HERE IN YOUR BYLAWS IS IF THERE'S NOT ANOTHER MOTION, A TIE VOTE, YOU KNOW, NO ACTION IS TAKEN.

UM, IF THERE'S NOT ANOTHER MOTION EITHER TO APPROVE OR DENY IT, IT'LL JUST AUTOMATICALLY BE RESCHEDULED FOR THE NEXT, NEXT MEETING, THE FOLLOWING MONTH THAT, THAT HAPPENS ONE TIME.

IF IT HAPPENS AGAIN AT THE SECOND MEETING, THE RESCHEDULED MEETING, THEN UM, OF COURSE YOU CAN TAKE ANOTHER VOTE.

BUT IF NO OTHER VOTE PASSES, IT WILL BE, UM, MOVED ON TO THE BOARD OF SUPERVISORS WITH THE, UM, WITH THE TIE VOTE REPORT.

UM, SO AGAIN, NO CHANGES TO THAT.

I WAS JUST POINTING THAT OUT AS SOMETHING A LITTLE BIT UNIQUE WITH LAND USE CASES.

AT THE BOTTOM OF PAGE THREE, THERE'S SOME RED LINES THERE THAT JUST, IT CLARIFIES.

IT'S NOT A CHANGE, BUT YOU HAVE 70 DAYS TO TAKE ACTION ON A CASE ONCE YOU FIRST HEAR IT, AND IT JUST CLARIFIES.

THAT'S THE FIRST TIME A MEETING HITS YOUR AGENDA FOR THE FIRST TIME FOR, BUT IF IT WERE LIKE AN APPLICANT DEFERRAL, LIKE THE FAR ORDINANCE WAS TONIGHT, THAT DOESN'T COUNT.

SO THAT GOT DEFERRED FOR TWO MONTHS, 60 DAYS.

BUT TONIGHT WAS REALLY THE, THAT DIDN'T COUNT AGAINST ANY OF THE 70 DAYS.

SO, BUT I'M GLAD YOU, I'M GLAD YOU PASSED IT INSTEAD OF HAVING DEFER IT.

WE DIDN'T HAVE TO THINK ABOUT THAT.

ALL RIGHT.

SO ON PAGE FOUR, AGAIN, IT'S JUST THE ORDER OF BUSINESS.

SO WE TOOK THE WORKSHOP OUT.

AGAIN, NOTHING SUBSTANTIVE, UM, NOTHING SUBSTANTIVE AGAIN.

UM, AND SO WE GET TO PAGE SIX, SECTION 3.1, PROFFER SUBMISSION DEADLINE.

WE CLARIFIED THAT WE DIDN'T CLARIFY.

WE DID CHANGE THAT.

THAT USED TO BE THE TUESDAY.

UM, PROFFERS ARE SOMETHING

[01:15:01]

AN APPLICANT WOULD OFFER WITH A REZONING CASE.

AND WE LIKED EVERYTHING TO BE IN THE PACKET BEFORE IT GOES OUT THAT YOU ALL GET BEFORE YOUR MEETING.

SO YOU REVIEW THE MEETING THE WAY IT WAS WRITTEN PREVIOUSLY, THEY COULD CHANGE THEIR PROFFERS UP TO THE TUESDAY BEFORE THE PUBLIC HEARING.

WELL, OUR PUBLIC HEARINGS ARE ON THURSDAY, SO THEY COULD CHANGE THEIR PROFFERS UP TO TUESDAY, WHICH WOULD BE AFTER THE PACKET WAS PRINTED.

AND THE PUBLIC WOULDN'T SEE THAT.

AND NO, NOBODY WOULD HAVE, YOU GUYS WOULDN'T SEE IT IN YOUR PACKET.

IT'S REALLY CONFUSING.

SO WE CHANGED IT TO SEVEN BUSINESS DAYS PRIOR TO THE PUBLIC HEARING, WHICH IS ENOUGH TIME FOR US TO REVIEW IT AND GET IT IN THE PACKET BEFORE IT GOES OUT.

SO WE HOPE YOU THINK THAT'S A GOOD CHANGE.

WE THINK THAT'S A GOOD CHANGE.

AND THAT MATCHES THE SAME AS THE SAME DEADLINE AS THE BOARD OF SUPERVISORS HAS.

IT'S ALL ABOUT TRANSPARENCY AND GETTING THINGS IN THE RECORD.

UM, YEP.

NO SUB, NO OTHER SUBSTANTIVE CHANGES.

I THINK.

LET ME PAGE THROUGH TO THE END AND YEP.

SO THAT'S IT.

I'M HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE.

AGAIN, THESE ARE YOUR BYLAWS AND RULES OF PROCEDURE.

UM, EVERYTHING'S SUBJECT TO, YOU KNOW, BE WAIVED BY THE CHAIR ABOUT A TIME LIMIT OR SOME, OR SOMETHING LIKE THAT.

THESE, THESE ARE YOUR RULES, UM, TO GOVERN YOU IF YOU SEE SOMETHING.

AND WE CAN ALWAYS AMEND THEM.

I THINK IT SAYS IN HERE, IF YOU WANNA PROPOSE AN AMENDMENT, YOU, YOU CIRCULATE IT, UM, TO THE OTHER COMMISSION MEMBERS AT LEAST FIVE DAYS IN ADVANCE.

SO IT'D BE SOMETHING YOU'D PROBABLY WANNA DO BEFORE THE NEXT MEETING.

SO WE COULD PUT THE ACTUAL CHANGE JUST LIKE THIS IN A MEETING PACKET FOR EVERYONE TO SEE.

EVERYBODY GOOD? YES.

OKAY.

UH, I MOVE THE COMMISSION TO ADOPT THE PLANNING, COMMISSION BYLAWS AND RULES PROCEDURE AS PRESENTED.

I SECOND THAT.

ALL IN FAVOR? AYE.

AYE.

OUR FINAL ITEM TONIGHT IS ADOPTION

[2. Adoption of the 2024/2025 Planning Commission Regular Meeting Calendar]

OF THE 20 24 20 25 PLANNING COMMISSION MEETING CALENDAR.

ON THE LAST PAGE OF YOUR PACKET, YOU WILL FIND THE PROPOSED PLANNING COMMISSION MEETING CALENDAR.

UM, AS CALLIE MENTIONED, AS PROPOSED.

IT WILL REMAIN THE THIRD THURSDAY OF THE MONTH.

UM, THE CALENDAR REFLECTS THE NEW PROPOSED 6:00 PM START TIME ADOPTED IN THE BYLAWS.

UM, TO BE CONSISTENT WITH THE BOARD OF SUPERVISORS MEETING AND ADOPTION OF THE CALENDAR DOES REQUIRE A MOTION AND A VOTE.

SO OUR NEXT MEETING WOULD BE A SIX O'CLOCK START, CORRECT? MM-HMM? YES.

IN, UH, MAY CORRECT.

MAY, YEP.

OKAY.

ANY QUESTIONS? I MOVE THAT THE COMMISSION TO ADOPT THE RESOLUTION, ESTABLISHING THE PLANNING COMMISSION'S 2024 2025 MEETING SCHEDULE AS PRESENTED.

I'LL SECOND.

ALL IN FAVOR? AYE.

THANK YOU.

ANY OTHER BUSINESS? NO, SIR.

UH, MOTION TO ADJOURN.

MR. CHAIR.

I MOTION THAT WE ADJOURN THIS

[11. Adjournment]

MEETING, UM, OF THE GLAND COUNTY PLANNING COMMISSION ON, UM, APRIL THE 18TH, 2002 24.

I SECOND.

ALL IN FAVOR? AYE.

AYE.

AYE.

THANK YOU.

CONGRATULATIONS.

YEAH, A GREAT JOB.

THANK YOU.

YEAH, YOU'VE DONE THIS BEFORE.