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[Planning and Zoning Work Session on December 4, 2024.]

[00:00:06]

I WILL CALL TO ORDER IN PLANNING COMMISSION WORK SESSION FOR OUR WEDNESDAY, DECEMBER 4TH, 2024.

UM, MS. POTTER, CAN YOU CALL THE ROLE PLEASE? CHAIRMAN NER.

I AM HERE.

COMMISSIONER BROOKS.

HERE.

COMMISSIONER NEIL.

HERE.

COMMISSIONER MARRAZZO IS EXPECTED BUT WILL BE LATE.

OKAY.

WE HAVE A QUORUM.

WE HAVE A QUORUM.

VERY WELL.

UM, THE FIRST ITEM OF BUSINESS IS THAT I HAVE THE SAD DUTY TO ANNOUNCE THE IMMEDIATE RESIGNATION OF MR. GARY GILLESPIE FROM OUR MEMBERSHIP ON OUR BOARD.

HE JUST SENT IN AN EMAIL TODAY TO CONNIE WITH PARK, UH, SAYING THAT HE WAS RESIGNING EFFECTIVE IMMEDIATELY.

SO I DON'T KNOW ANYONE THAN THAT, BUT, UH, I, IS THERE A MOTION TO ACCEPT HIS RESIGNATION? YEAH.

I MOVE THAT WE ACCEPTED, UH, MR. LES RESIGNATION.

SECOND.

UM, IS THERE ANY OBJECTION OR SHALL WE MAKE IT UNANIMOUS BY UNANIMOUS? I DON'T KNOW THE REASON.

I THINK IT MIGHT HAVE BEEN HEALTH RELATED, BUT SO WE GIVE THEM OUR BEST WISHES AND MOVE RIGHT ON.

NO.

UM, THE FIRST ORDER OF BUSINESS IS THE ZONING TEXT AMENDMENT TO DEFINE AND PERMIT TOBACCO, SMOKE OR VAPE SHOPS ON THE RIGHT WITH PERFORMANCE STANDARDS OR BY SPECIAL USE PERMIT, UH, IN THE TOWN C ONE AND C3.

WE DISCUSSED THIS AT OUR LAST WORK SESSION AND AGREED TO MOVE IT FORWARD FOR, UH, FURTHER DISCUSSION AND CONTINUATION TODAY.

SO, UM, WHERE DO WE BEGIN? WE HAVE A, JUST A HIGHLIGHT OF THE PRESENTATION AT THE LAST WORK SESSION.

YOU DISCUSSED THIS A COUPLE TIMES.

UH, STAFF HAS WENT OVER THESE, UH, YOUR WORK SESSIONS.

YOU KNOW, YOU, SO YOU, YOU DECIDED TO TAKE TWO PATHS ON THIS TO PRESENT THIS TO COUNCIL.

ONE IS THE BY RIGHT ORDINANCE, UH, THAT IS THE ONE THAT IS, UH, THAT WOULD HAVE PERFORMANCE STANDARDS ON IT WITH THE BY RIGHT.

UH, THAT WE LOOKED OVER AND VERIFIED THAT WITH STATE CODE.

SO THE PERFORMANCE STANDARDS, UH, WOULD APPLY TO THE BY RIGHT USE.

THAT'S THE ONE THAT, UH, YOU'RE FAMILIAR WITH.

WE, UH, WE REVIEWED THIS A COUPLE TIMES AFTER WORK SESSIONS.

LIKE I SAID BEFORE, THIS IS BASED ON PERFORMANCE STANDARDS WOULD LIMIT THE LOCATIONS OF, UH, THOSE TOBACCO SMOKE AND VAPE SHOPS WITH PERFORMANCE STANDARDS.

THE OTHER OPTION, UH, FOR COUNSEL WOULD TO CONSIDER WOULD BE FOR A SPECIAL USE PERMIT.

UH, THE SPECIAL USED PERMITS, UH, BASICALLY WOULD BE LIMITED BY THE PERCENT OF THE TOTAL, THE STORAGE INVENTORY OR THE PERCENTAGE OF THE STORE'S TOTAL DISPLAY AREA.

SO THOSE ARE THE TWO OPTIONS AND THE WORDING THAT WE GOT FROM THE STATE CODE, UH, TO VERIFY THIS.

SO THAT'S THE TWO OPTIONS, UH, FOR THE, UH, TOBACCO SMOKE AND VAPE ORDINANCE BY RIGHT AND BY SPECIAL USE PERMIT.

WE DISCUSSED THIS AT THE LAST WORK SESSION, UH, JUST AS A REMINDER AND WENT OVER THIS, UM, YOU HAVE ANY QUESTIONS? THIS IS WHAT WE TALKED ABOUT AT THE LAST WORK SESSION, GONE WITH THE TWO APPROACH PERMIT WAS JUST, YOU KNOW, WE EXPANDED THE DEFINITION THERE TO INCLUDE THAT THRESHOLD.

MM-HMM.

OF THE PRODUCT SQUARE FOOTAGE AND THE, AND THEY CAN GO TOGETHER.

LIKE THEY CAN GO, YOU CAN PICK ONE OR THE OTHER, OR YOU CAN TAKE BOTH OF 'EM.

AND THEN WE WOULD HAVE TWO .

SO JUST IN EFFECT, TO PUT IT MORE, MORE IN LAYMAN'S TERMS, SO TO SPEAK, IS ANYTIME SOMEONE WANTS TO SELL VAPE OR CIGARETTE PRODUCTS THAT WANTS TO OPEN A STORE, IF IT'S A SMALL DISPLAY AREA OF UNDER THAT, IT WOULD BUY THE BUY RIGHT WOULD KICK IN AND YOU WOULD DETERMINE WHAT THAT IS.

ONLY WHEN THE AMOUNT EXCEEDED THE DISPLAY AREA OR TOTAL INVENTORY WOULD BE, UM, WHERE AND LIMITED TO THE C ONE AND C3 AREAS BY THE REFERENCES IN HERE.

THAT'S WHEN THE SECOND PART WOULD KICK IN WHERE WE HAVE TO HAVE THE SPECIAL USE PERMIT.

IS THAT SUMMARIZED CORRECTLY? YES.

YES.

OKAY.

SO NOW YOU CAN RECOMMEND APPROVAL OR SEND THESE TO TOWN COUNCIL TO REVIEW, BUT THAT'S HOW THE MECHANISM, UH, WITH OUR DISCUSSION.

BUT THAT'S, I JUST WANTED TO CLIP JUST MAKE SURE THAT GOING BACK WITH THE REFERENCES AND EVERYTHING GOING BACK AND FORTH AND EVERY, THAT'S IN EFFECT WHAT IT MEANT, RIGHT? YES.

I GUESS IF I COULD ADD TO THAT, SO

[00:05:01]

ANOTHER WAY OF SAYING RESTATING THAT, OR ANOTHER WAY, A WAY OF RESTATING THAT IS ARGUABLY WITH THE SUP APPROACH, YOU HAVE A MORE INTENSIVE YES.

USE AND THEREFORE A GREATER POTENTIAL HEALTH SAFETY WELFARE ISSUE.

YEAH.

AND, AND BY THE REFERENCES IN THERE, IT STILL LIMITS US TO THE C ONE CC THREE AREA.

SO IN, IN THAT REFERENCE AND IT'S OTHER ADDITION, LIKE YOU SAID, THE TOWN COUNCIL WOULD HAVE TO APPROVE IT BY THE SPECIALTY PROGRAM.

WELL, THE WHOLE, IT'LL GO THROUGH THE WHOLE PROCESS WITH OR WITHOUT ADDITIONAL CONDITION WITHOUT, WITHOUT, WITHOUT ADDITIONAL CONDITIONS.

UH, I HAVE A QUESTION.

UM, THE, THIS, THE STATE CODE, UM, 1 5 2 9 2 4 REGULATES TOBACCO, NICOTINE AND HEMP PRODUCT RETAIL SALE LOCATION.

WE HAVE THAT IN THE DEFINITION REFERENC.

BUT NOW RAUM IS NOT A TOBACCO, UH, PRODUCT OR A NICOTINE VAPOR PRODUCT.

SO HOW DO WE IT'S IN, IT'S IN THE DEFINITION FOR THIS HERE.

WE'VE INCLUDED THAT IN HERE.

WELL, WE INCLUDED THAT IN OUR DEFINITION.

WE PUT CREATED IN OUR DEFINITION.

BUT IS IT IN THE STATE'S DEFINITION? BECAUSE WHAT, WHAT I'M SEEING HERE THAT THIS WAS HANDED OUT OUR WORK SESSION, THE STATE REGULATION OF NICOTINE TOBACCO AND HEMP PRODUCT.

WE TOOK IT RIGHT FROM THE STATE'S DEFINITION.

SO WE DID NOT VENTURE ANYWHERE OUTSIDE OF WHAT THEY HAD ALREADY.

SO IT MUST BE EFFECTS THE STATE CODE THAT DEFINES KRATOM AS A RIGHT.

SO WE HAVE THAT, RIGHT.

SO WE HAVE THAT REFERENCE THERE.

YEAH.

OKAY.

BECAUSE THAT THIS, THIS THING THAT WE WERE HANDED OUT, THAT'S MM-HMM.

, WE'RE NOT GOING BEYOND WHAT WE DO.

RIGHT.

I HAVE MULTIPLE REFERENCES IN HERE THAT, THAT ONE MORE ONE OF THEM.

RIGHT? 12.

UM, ALRIGHT.

AND NOW THAT'S THE SPECIAL USE PERMIT.

THEN YOU HAVE A DEFINITION UNDER, UH, THE BY RIGHT USE.

SO IT'S IN THE LAW CREATE IS A ALTERNATIVE NICOTINE PRODUCT.

IS THAT WHAT IT COMES IN? FIND IT.

I DON'T DUNNO.

TAKE YOUR WORD FOR, I JUST WANNA MAKE SURE.

AND THEN THE OTHER QUESTION I HAVE IS, UM, IN OUR SPECIAL USE PERMIT, WE TALK ABOUT A, UH, PERCENTAGE OF THE STORES TOTALED INVENTORY.

HOW'S THAT DEFINED? TOTAL INVENTORY OF THE PRODUCT IS THAT BY THEIR, OF THEIR, THEIR PRODUCT, THEIR INVENTORY THAT THEY KEEP TO, YOU KNOW, OKAY.

TRACK OF WHAT THEY'RE SELLING AND HOW MUCH OF TO, TO LOOK AT THAT AND TO KNOW IF THEY WERE UP 15% OR MORE OF THAT.

RIGHT.

SO THAT WE WOULD HAVE THEM DISCLOSE THAT THEIR INVENTORY TO US, PART OF THE APPLICATION PROJECT WE ORDERS HAVE TO LOOK UP.

RIGHT.

SO PRIMARILY THESE WOULD BE LIKE RETAIL.

I MEAN, THEY COME IN, NOW THEY'RE UNDER RETAIL, SO RIGHT.

AS A RETAIL, RETAIL BY RIGHT.

BUSINESS.

SO IT'S A RETAIL BUSINESS AND IF WE, IF WE WERE IN THE, WE BEING THE TOWN, WE'RE IN THE POSITION OF HAVING TO SEE IF SOMEBODY WAS EXCESSIVELY, YOU KNOW, OVER 15%, WE WOULD HAVE THE RIGHT WITHOUT ANY CHALLENGE TO GO IN AND SAY, SHOW ME YOUR CODE ENFORCEMENT.

YES.

WITH THE BUSINESS LICENSE.

YEAH.

OKAY.

OR ISSUED A BUSINESS LICENSE OUT.

SO, AND THEY GIVE YOU THE RIGHT TO LOOK AT THEIR, THEIR, THEIR PURCHASE ORDERS AND STUFF.

OKAY.

I JUST WANTED TO MAKE SURE THAT THAT WAS ALL WE KNEW HOW WE WERE GONNA MEASURE THAT.

OKAY.

ALRIGHT.

WE GOT THOSE DEFINITIONS CLEARED.

OKAY.

WHEN WE, WHEN WE LEFT OFF, WE WERE OF TWO MINES.

UH, WE WERE CONSIDERING THE FIRST.

ANY OTHER QUESTIONS FOR MR. WARE? MEGAN, DID YOU HAVE ANY QUESTIONS? NO.

ALRIGHT.

SHALL WE PICK UP? WE, WE'VE KIND OF, CAN WE PICK UP OUR CONVERSATION WHERE WE LEFT OFF? WE BEAT THE DEATH, WE BEAT THE AND I, I, I THINK, UM, WE, I DON'T WHAT ANYTHING CHANGED SINCE WE LAST HAD THE, HAD THE MEETING.

WE WERE SPLIT, I THOUGHT, UM, WITHOUT, FOR THE PUBLIC HEARING'S BEEN ADVERTISED NOW.

MM-HMM.

.

SO IT'S GOING FORWARD.

SO I I I'M NOT SURE THERE'S ANY MORE WE NEED TO DO AT THIS POINT.

WELL, WE JUST NEED TO DECIDE WHAT WE'RE RECOMMENDING TO THE TOWN COUNCIL.

WELL, BUT YOU HAVE TO WAIT FOR THE PUBLIC TO WAIT.

SORRY FOR ME TO INTERRUPT.

OH.

SO WE DON'T HAVE TO ACTUALLY DO ANYTHING TONIGHT? NO, NO.

JUST WORK JUST TO DISCUSS THE PREVIOUS WORK.

OKAY.

WE, WE TALKED ABOUT THE WORK SESSION.

WE RIGHT.

HAVE WE GOT THIS CLARIFI? MM-HMM.

, JUST, JUST AS A CURIOSITY, ANYBODY CHANGE THEIR MIND FROM THE LAST TIME THAT WE I WOULD BE CURIOUS.

NO.

? NO, NO.

I DIDN'T THINK SO, BUT NO, FAIR ENOUGH.

SO, SO JUST AS A RE REFRESHER, THE

[00:10:01]

TASK LAST TIME WAS TO DETERMINE WHAT'S WAS GONNA BE PUBLISHED.

YEAH.

NOT TO DECIDE WHAT THE ULTIMATE RECOMMENDATION TO COUNCIL IS WILL BE BECAUSE WE'RE WAITING FOR THE PUBLIC INPUT.

EXACTLY.

YEAH.

AND, AND THAT, THAT'S, THAT'S WHAT AGREE AND PLANNING COMMISSION WOULD HAVE A DISCUSSION AFTER THE CLOSING OF THE PUBLIC HEARING.

YEAH.

SO BOTH OF THESE PROPOSED SPECIAL ORDINANCES AND WHAT WILL BE PUBLISHED HAVE ALREADY.

OKAY.

AND THAT'S WHERE THE DISCRETION WILL BEGIN ON OUR NEXT MEETING.

OKAY.

LOOKING, LOOKING FORWARD TO THAT ACTUALLY.

I'M INTERESTED TO SEE HOW MUCH INTEREST THERE IS.

MM-HMM.

OKAY.

THAT IS OUR FIRST ITEM.

.

OKAY.

MR. WARE, DO YOU WANNA TELL US ABOUT THE BACARD PROPOSAL? UH, SECOND, UH, ITEM ON THE AGENDA FOR THE WORK SESSION IS 24 0 0 6 4 1.

THAT'S THE REQUEST FOR FINAL PLAT APPROVAL, UH, FOR MAJOR SUBDIVISION, THE MCCARTY SUBDIVISION OR, UH, NAMED SQUIRREL HILL.

UH, I'LL GIVE YOU A LITTLE BIT OF BACKGROUND.

SO IF YOU REMEMBER, UH, IN AUGUST, THE PLANNING COMMISSION APPROVED THE PRELIMINARY PLAN.

SO THIS IS, UH, BASICALLY STEP TWO IN THIS PROJECT.

FIRST THEY SUBMIT A PRELIMINARY PLAN, WHICH THE PLANNING COMMISSION APPROVED IN AUGUST, SIGNED IN SEPTEMBER FOR APPROVAL.

UH, THIS IS BY RIGHT USE.

THIS IS THE PROPERTY LOCATED AT BASICALLY BORDERS OF WEST MAIN STREET, NORTH STREET ORCHARD AND VISCO AVENUE.

UH, THERE TWO PARCELS.

UH, AND AGAIN BY RIGHT.

UH, SO ONCE THE PRELIMINARY PLAN IS APPROVED, THEY HAVE THREE YEARS TO SUBMIT THE SUBDIVISION PLANS.

IF THEY DO NOT SUBMIT WITHIN THE THREE YEAR OR THE 36 MONTH PERIOD, THE PRELIMINARY PLAN BECOMES VOID.

SO THERE IS THE SECOND STEP OF THIS PROJECT.

SO 1 48 3 15, THIS IS A MAJOR SUBDIVISION.

SO THEY HAVE THE 36 MONTHS AFTER OFFICIAL NOTIFICATION OF APPROVAL OF THE PRELIMINARY PLAN TO FILE THE, UH, MAJOR SUBDIVISION IN ACCORDANCE WITH THE, OUR CHAPTER 1 48.

SO THAT'S HOW THAT COMES OUT OF OUR TOWN CODE.

THEY HAVE 36 MONTHS TO DO SO, WHICH THEY HAVE MET.

THAT DEADLINE OBVIOUSLY APPROVED IN SEPTEMBER AND THEY HAVE SUBMITTED HERE IN UH, NOVEMBER FOR THE DECEMBER MEETING.

UH, TOWN STAFF DID REVIEW THE PLAT, UM, AND THEY DID MAKE CHANGES.

SO 1 48 3 15 D TWO, UH, THE PLANNING COMMISSION SHALL REVIEW THE PLAT PLAN AND PLAT AND SHOULD AND SHALL ENSURE THAT ALL REQUIREMENTS AND STANDARDS OF THE TOWN CODE HAVE BEEN MET.

UH, ALSO IF THE REVIEW IS FAVORABLE, THEN THE PLANNING COMMISSION WOULD AUTHORIZE THE DIRECTOR TO ENDORSE THE PLAN AND PLAT ON BEHALF OF PLANNING COMMISSION AND FORWARD THIS TO TOWN COUNCIL.

SO THIS IS JUST FOR THE SUBDIVISION PLAT AT THIS POINT.

THIS TAKES TOWN COUNCIL ACTION TO APPROVE.

UH, SO THAT'S HOW THIS WORKS.

SO PRELIMINARY PLAN'S BEEN APPROVED.

THE NEXT IS THE SUBDIVISION OF THE LOTS.

SO YOU HAVE, UH, CONNIE, IF YOU WANNA PULL THOSE PLATS UP AND YOU HAVE THAT IN YOUR PACKET.

SO, AND WE DID INCLUDE THE CHECKLIST WITH THAT.

SO THAT IS A TWO SHEET, UH, SUBMISSION.

UH, THE COVER SHEET, BASICALLY, YOU CAN SCROLL DOWN ON THAT IF YOU WOULD PLEASE.

ALRIGHT, SO THIS IS INCLUDED IN YOUR PACKET.

UH, THEY HAVE A LINE TABLE IN HERE.

THEY HAVE THE INFORMATION FOR BE NOTARIZED.

THEY HAVE THE SURVEYOR CERTIFICATE ON THERE, INFORMATION THAT'S REQUIRED ON THE, UH, COVER SHEET FOR THE SUBDIVISION LINE TABLES LOT AREAS.

AND THOSE ARE ALL REQUIRED PER THE CHECKLIST.

SO, UM, THEN IF YOU GO TO THE SECOND SHEET, CONNIE, SO NOW WE SEE THIS, THE LAYOUT OF THE LOTS.

SO, UH, THIS WAS KIND OF PART OF THE PRELIMINARY PLAN WITH THE LAYOUT OF LOTS.

BUT NOW THEY WENT IN HERE AND DID THE ACTUAL SURVEY PLAT OF THE LOTS.

THESE WILL BE DUPLEX LOTS.

THESE WILL FRONT ON ORCHARD STREET.

UH, SOME WILL FRONT ON WEST MAIN STREET AND A COUPLE HERE ON NORTH AVENUE.

THIS SHAD AREA HERE IS THE, UH, SANITARY SEWER EASEMENT FOR SEWER THERE.

UH, AND THESE WILL BE DUPLEX LOTS.

UH, IF YOU GO TO, UH, THE CHECKLIST, IF YOU WOULD PLEASE THINK WHERE THAT IS.

[00:15:01]

OKAY, GIMME JUST A SECOND.

AND DRAWING A BLANK HERE.

SO THIS IS INCLUDED IN YOUR PACKET.

I JUST WANTED TO BRING THAT UP ON THE SCREEN AND WE CAN GO OVER THE CHECKLIST.

SO YOUR UH, TOWN STAFF HAS REVIEWED THIS.

I DIDN'T SEE NO CHECKLIST WASN'T IN THERE.

IT WASN'T IN YOUR PACKET.

NO.

SO WE CAN GO OVER THIS.

DO YOU WANNA SCROLL DOWN A LITTLE BIT? SO THESE ARE REQUIREMENTS PER POUND CODE.

SO THIS CHECKLIST IS IN TOWN CODE.

SO IF YOU LOOK ON YOUR SHEET THAT YOU HAVE, THEY HAVE TO HAVE A COVER SHEET.

THEY HAVE TO HAVE A REVISION BLOCK, WHICH IS INCLUDED ON YOUR SHEET.

UH, NAME AND ADDRESS OF THE, UH, DEVELOPER.

THE PLAN RE UH, PREPARER THE ZONING OF IT.

THE FRONT AND REAR SETBACK DIMENSIONS ARE ON THE PLAT ON THE FRONT COVER.

WHATEVER THE FLOOD ZONE IS.

THEY GIVE A VICINITY MAP.

THEY GIVE A TAX IDENTIFICATION OR A PARCEL NUMBER FOR EACH OF THE LOTS.

THEY'RE REQUIRED TO GIVE THE SYMBOLS AND LE UH, LEGENDS AND SYMBOLS.

THEY'RE USED.

THE APPROVAL BLOCK, IF YOU SCROLLING DOWN CONNIE, YOU CAN SEE THAT THIS IS REQUIRED BY TOWN CODE APPROVED BY THE DIRECTOR OF FINANCE.

TOWN COUNCIL WOULD SIGN THAT.

AND THE PLANNING DIRECTOR, UH, SHEET NUMBER TWO, WHICH IS ALL INCLUDED ON YOUR DRAWING.

UH, SO THEY GOTTA HAVE A SCALE WRITTEN IN GRAPHIC ON EACH SHEET, WHICH THEY HAVE.

THEY GIVE A REFERENCE TO THE NORTH AREA AR ARROW.

UH, THE SIGNATURE OF THE, UH, SURVEYOR SEAL IS ON THE SHEETS.

HE HAS TO MAKE A STATEMENT ON THERE, UH, REQUIRED THE SUBDIVISION DEDICATION, THE STATEMENT BY THE SURVEYOR THAT HE DID THE WORK.

AND IT'S IN, UH, IN ACCORDANCE WITH THE PRELIMINARY PLAN, WHICH THAT IS INCLUDED ON THE COVER SHEET.

UH, THE BOUNDARY LINES HAVE TO BE SUBDIVIDED BY THE STATE STANDARDS 18, UH, VAC 10 23 70.

SO HE IS CERTIFYING, HE HAS DID ALL THIS WORK CORRECTLY.

HE DOES THIS ON A COORDINATE SYSTEM THAT HE'S DENOTED ON YOUR DRAWING.

HE GIVES THE SQUARE FOOTAGE OF ALL THE LOTS, UH, THAT'S BROKEN DOWN.

HE GIVES ALL THE DIMENSIONS ANGULAR, LINEAR FOR LOCATING THE BOUNDARY LINES, UH, THE CURVE TABLE'S THERE.

UH, HE DID MAKE A STATEMENT ABOUT THE NON-RESIDENTIAL LOT.

THAT'S THE STORMWATER MANAGEMENT LOT ON THE PARCEL.

UH, HE DID INCLUDE ALL THE EASEMENTS, WHICH IS THE SANITARY EASEMENT.

THE REST OF IT, UH, ALL THE UTILITIES WILL BE OUT IN THE STREET FOR THIS ONE, EXCEPT FOR THE ONES THAT NEEDS A SANITARY SEWER LINE.

THERE'S A COUPLE LOTS.

UH, IT DIG NUMBERED A LOT IN NUMERICAL ORDER.

IF YOU CAN SEE ON YOUR DRAWING ON PAGE TWO.

UH, THERE'S NO PROPOSED STREETS 'CAUSE THOSE WAS ALL FRONT ON EXISTING STREETS.

UM, YOU DIDN'T HAVE TO GIVE A ROAD INTERSECTION BECAUSE IT HAS STREETS ALL THE WAY AROUND IT.

UH, SCROLLING DOWN IF YOU WOULD PLEASE.

UH, THE EASEMENT, UH, THE SANITARY EASEMENT WAS NOTED THERE.

IT DID GIVE A PERMANENT REFERENCE MONUMENT.

THOSE ARE THE COORDINATE VALUES ON THOSE TWO POINTS.

UH, ON SHEET NUMBER TWO.

AND HE DENOTED THE BUILDING RESTRICTION LINES ON THERE.

SO THAT IS, UH, UM, ALAN PORT TAKE IN THE CITIZENS ACADEMY.

UH, LAST MONTH IN NOVEMBER WHEN WE HAD THAT FOR THE PLANNING AND ZONING DEPARTMENT.

AND THIS IS PART OF THE PROCESS.

IF YOU REMEMBER WHAT WE DO IN THE PLANNING AND ZONING DEPARTMENT.

WE REVIEW THESE PLA AND PLANS FOR THE PLANNING COMMISSION.

SO THAT CHECKLIST IS IN THE TOWN CODE.

WE REVIEW THAT AND THE SURVEYOR THAT SUBMITTED THIS PLA MET ALL THE CONDITIONS OF THE TOWN CODE.

SO, UH, WE DID NOT, WE HAD SOME COMMENTS.

HE CORRECTED THOSE.

HE'S RESUBMITTED AND THAT'S WHAT YOU HAVE IN FRONT OF YOU.

SO ALL THE COMMENTS HAVE BEEN ADDRESSED AND HE'S MET EVERYTHING OF TOWN CODE, THE LOT SIZE, THE SETBACKS, THE, THE MINIMUM WIDTH OF THE LOTS, UH, SUBDIVIDED THEM FOR THE RIGHT SQUARE FOOTAGE OR THE MINIMUM SQUARE FOOTAGE.

SO ALL OF THOSE HAVE BEEN INCLUDED IN THAT DRAWING.

IT'S A LOT TO, IF YOU'RE NOT FAMILIAR WITH THE SURVEY PLANS AND SUBDIVISIONS, IT'S A LOT TO INTAKE.

I MEAN, IF YOU WANT IN THE FUTURE, WE CAN INCLUDE THE CHECKLIST FOR YOU.

IF YOU DESIRE TO HAVE THAT ON THE NEXT ONE.

YEAH.

WOULDN'T, THAT'S PART OF TOWN CODE.

SO THAT'S OUR RESPONSIBILITY AS, AS STAFF TO REVIEW THESE DRAWINGS OR THESE PLAT AND PLANS TO MAKE SURE EVERYTHING WAS IN THE TOWN CODE.

SO WE SEND THAT TO THE ENERGY SERVICES AND PUBLIC WORKS FOR THEIR NEEDS.

THEY MAKE COMMENTS TO THAT.

SO WHAT YOU HAVE IN FRONT OF YOU IS THE ONE THAT HAS ALL THE CORRECTIONS TO IT.

SO

[00:20:01]

YOU WOULD NOT NEED TO MAKE ANY CONDITIONS IN THE DECEMBER MEETING ON THIS PLAT.

THEY'VE MET EVERYTHING THAT IS REQUIRED BY TOWN CODE FOR THIS DRAWING OR THIS PLAT OF THE SUBDIVISION QUESTION.

I NOTICED THAT IT HAS THE SURVEYOR SEALED, BUT IT WAS NEVER NOTARIZED OR SIGNED OR HAS IT, IT WON'T BE UNTIL YOU, UH, WE GET READY FOR RECORDATION OF THAT.

THAT'S WHEN THAT, YEAH.

OKAY.

YEAH.

WE WILL HAVE YOU, THEY, WHEN EVERYTHING GETS APPROVED, UH, YOU WILL FORWARD THIS TO TOWN COUNCIL.

THEY WILL APPROVE IT.

THEN AT THAT TIME, THERE'S THAT SIGNATURE BLOCK THAT COMES INTO PLAY TOWN STAFF WILL SIGN THAT AND TOWN COUNCIL WILL SIGN THAT.

THEN IT'LL BE NOTARIZED.

THEN THEY CAN RECORD THAT AT THE COURTHOUSE.

ALRIGHT.

YES.

THAT'S WHEN, THAT'S THE OKAY.

AND, UH, I WAS HAPPY TO SEE, I REMEMBER WHEN THIS CAME UP ORIGINALLY THEY WERE LOOKING ABOUT NOT HAVING TO PUT IN SIDEWALKS.

I'M GLAD TO SEE THE SIDEWALKS WERE STILL THERE.

RIGHT.

SO THE NEXT STEP, THIS, THIS IS THE SECOND STEP.

PRELIMINARY PLAN FIRST, THEN THE SUBDIVISION PLAN RIGHT AFTER THIS GETS APPROVED AND RECORDED, UH, THEY'RE WORKING NOW WILL BE THE SITE DEVELOPMENT PLAN.

THAT'S THE ENGINEERING PHASE OF THE PROJECT.

THAT WILL COME BACK TO YOU AGAIN.

YEAH.

UH, THAT'LL BE ALL THE UTILITIES, DRIVEWAYS, THE GRADING PLAN, EROSION, SEDIMENT CONTROL, STORMWATER MANAGEMENT, ALL THAT'LL COME IN THE THIRD PHASE OF THE PROJECT.

OKAY.

SO THIS IS JUST RECORDING OF THE LOTS.

SO THEY MAKE SO GOOD, RIGHT? YEAH.

SO THEY JUST HAD, HAD THIS DONE WITHIN 36 MONTHS OF THE PRELIMINARY PLAN OR THE PRELIMINARY PLAN IS VOIDED, THEN THEY GOTTA START AGAIN.

SO THIS WILL TAKE PLACE AND MY UNDERSTANDING THEY'RE MOVING QUITE ALONG, ALONG WITH THE DEVELOPMENT PLAN.

YEAH.

OKAY.

UH, IN THE CHECKLIST IT NOTED ABOUT NEW STREETS AND WHAT THEIR WIDTHS AND EVERYTHING WILL BE IS, AND SO JUST HELP ME UNDERSTAND, WITH THE CONTINUATION OF ORCHARD STREET GOING THROUGH THERE, IS THAT NOT COUNTED AS NEW ROAD? NO.

OKAY.

IT'S EXISTING STREET.

YEAH.

GOT IT.

OKAY.

YEAH.

MM-HMM.

.

YEAH.

THAT'S ALL.

AT THIS POINT IN TIME, HAVE ANY OF THE ADJACENT PROPERTIES BEEN CONTACTED AND ASKED FOR? NOT REQUIRED TO.

NOT REQUIRED AT ALL, EVER? NO.

THIS IS NOT A PUBLIC HEARING.

IT'S NOT A PUBLIC HEARING.

IT'S NOT SPECIAL USE PERMIT.

IT'S BY WRIGHT.

SO THEY ARE NOT NOTIFIED BY WRIGHT PROJECTS.

OKAY.

BUT THIS WILL BE, UM, OUR AGENDA FOR OUR MEETING.

YES, YOU WILL.

THIS WILL BE TAKEN UP AT YOUR REGULAR MEETING THIS MONTH.

UH, SO THE PUBLIC CAN'T COME AND SPEAK ON IT HEARING, IT'S NOT A PUBLIC HEARING.

IT'S NOT A PUBLIC HEARING.

OUR CODE REQUIRES YOU TO TAKE MATTERS.

THIS.

OKAY.

THAT'S HOW OUR CODE IS WRITTEN.

RIGHT.

OKAY.

THAT HAS BEEN THE ADMINISTRATIVE PART OF, OF THE REVIEW.

UH, BUT WE REQUIRED A PLANNING COMMISSION TO TAKE ACTION TO MOVE IT FORWARD TO TOWN COUNCIL DISCUSSION.

WE HAVE, WE HAVE A MOTION.

DO WE? NO, WE DON'T NEED MOTION.

WE DON'T NEED WORK SESSION.

RIGHT? YEAH, I'M HAPPY.

OKAY.

OKAY.

ANYTHING YOU WISH TO WEAR? UH, NEW MONUMENT SIGNED.

RIGHT, SO, RIGHT, SO THIS IS A, UH, RIGHT, SO 24 0 0 6 42.

THIS IS CONSTRUCTION OF A NEW MONUMENT SIGN WITHIN THE ENTRANCE CORRIDOR, UH, AT 1303 NORTH ROYAL AVENUE.

UM, SO, UH, PLANNING COMMISSION APPROVED THIS FOR THE HANG 10 CAR WASH IN JUNE OF 23.

UH, THIS WAS A SITE DEVELOPMENT DRAWING OR A PLAN.

SO THIS WAS THE FORMER RESTAURANT THERE, THERE AT THE CORNER, UH, 13TH, EAST 13TH STREET, AND NORTH ROYAL AVENUE, IF YOU ARE FAMILIAR WITH THAT.

YOU DRIVE BY THAT AND YOU CAN SEE CONSTRUCTION GONE ON THERE.

SO THEY'RE PROPOSING A GROUND MOUNTED SIGN THERE.

SO GROUND MOUNTED SIGNS ARE REQUIRED TO COME TO THE PLANNING COMMISSION.

OKAY.

SO, UH, YOU'RE, YOU'RE WONDERING WHY YOU DON'T TAKE UP OTHER SIGNS, BUT, UH, OUR CODE REQUIRES GROUND MOUNTED SIGNS FOR PLANNING COMMISSION APPROVAL.

UH, SO THERE'S WHERE THE, THIS IS THE 13TH STREET HERE.

THAT'S THE DESIGN OF THE PARKING LOT.

THE CAR WASH AND THE SIGN WILL GO UP HERE NEAR THE RETAINING WALL.

SO OUR CODE REQUIRES GROUND MOUNTED SIGNS IN THE ENTRANCE CORRIDOR ONLY TO COME TO THE PLANNING COMMISSION.

SO THE SITE DEVELOPMENT

[00:25:01]

DRAWING WAS APPROVED IN JUNE OF 2023 FOR THIS, IF YOU'RE FAMILIAR WITH THAT.

AND THE PLANNING COMMISSION DID SET SOME CONDITIONS ON THE PROJECT.

UH, IF YOU REMEMBER THAT, I THINK, UH, MS. MARSH, THAT THE, YOU'RE THE ONLY ONE THAT SERVED AT THAT TIME, BUT WE, UH, MUTED THE COLORS OF THE, UH, BUILDING.

YES.

THEY TONED THAT DOWN.

SO THAT WAS APPROVAL WITH THE FANNING COMMISSION THAT THEY TONED THE COLLAR DOWN THAT THEY USUALLY RUN WITH FOR THIS, UH, TYPE OF, FOR THIS SYMBOL THAT THEY HAVE AND THEIR COLLAR SCHEME.

SO THEY TONED THAT DOWN BASED ON A RECOMMENDATION FROM THE PLANNING COMMISSION.

UH, SO THERE'S THE LOCATION OF THE SIGN, AGAIN, IT WILL BE A, A REFERRED TO AS A MONUMENT OR GROUND MOUNTED SIGN PER OUR CODE.

IT'S UNDER THE MAXIMUM REQUIREMENT.

IT COMES IN AT, I THINK 48 SQUARE FEET OR 49 SQUARE FEET.

SO, UH, IT IS UNDER THE MAXIMUM AMOUNT ALLOWED.

UH, THEY WILL, IT'LL HAVE A, A BLOCK, UH, FOUNDA OR FOOTER ON THE FOUNDATION, UH, OR BLOCK, UH, CUT IN THERE.

THEN A SIGN WILL BE ATTACHED.

SO THAT'S THE, UH, THEIR LOGO OR SYMBOL.

AGAIN, THE COLORS HAVE BEEN MUTED DOWN.

WHAT THEY TYPICALLY DO, UH, AND IT'S UNDER THE MAXIMUM ALLOWED, IT COULD BE UP TO A MAXIMUM OF 60 SQUARE FEET FOR THAT SIZE OF LOT.

THEY GOT IT DOWN TO 49.

UM, AND THAT'S THE RELATIONSHIP OF IT.

THEY GAVE YOU KIND OF THE HEIGHT OF IT.

UH, THE WIDTH OF THE WALL THAT SETS ON, IT'S GONNA BE TWO-SIDED, UH, SIGN.

UH, BUT THIS COMES TO THE PLANNING COMMISSION FOR APPROVAL.

IT'S A NICE DIAGRAM HAVING THE, THE HUMAN FIGURES STANDING NEXT TO IT TO GIVE A SENSE OF PERSPECTIVE ON THE HEIGHT OF IT.

THAT'S A NICE DESIGN.

SO, BUT IN THE ENTRANCE COURT, ONLY GROUND MOUNTED SIGNS COME TO THE PLANNING COMMISSION.

THE REST OF 'EM, UH, THEY DID SUBMIT APPLICATIONS FOR WALL-MOUNTED SIGNS ON THE BUILDING.

UH, WE WILL APPROVE THOSE THIS WEEK.

UH, SO YOU WELL, MAYBE THE SAME, THE SAME LOGO? YEP.

YEAH, THE SAME, YEAH, BASICALLY THE SAME LOGO.

UH, DIFFERENT DIFFERENT SIZES ON THE BUILDING AND A FEW OTHER SIGNS.

SO THEY'LL HAVE THE MAXIMUM AMOUNT ALLOWABLE SIGNS ON THE, UH, PROJECT.

UM, SO IT MEETS ALL THE CRITERIA OF THE CODE.

IT'S UNDER 60 SQUARE FEET.

UM, IT MEETS THE, THE SIZE REQUIREMENTS.

UM, BUT IT IS LOCATED IN THE ENTRANCE CORRIDOR AND THEY DID MUTE COLORS BASED ON THE PLANNING COMMISSION'S APPROVAL FOR THE PROJECT IN THE PAST.

SO THIS IS JUST NOW THEY JUST COME FOR A SIGNED PERMIT APPLICATION SINCE THEY PUT THE ROOF ON.

THE TURQUOISE ISN'T AS OBJECTIONABLE AS NOTICEABLE AS IT WAS A COUPLE WEEKS AGO.

SO YOU'RE DEFINITELY NOT GONNA MISS IT.

YOU'RE NOT GONNA MISS IT.

NO.

UM, OKAY.

DISCUSSION QUESTIONS FOR MR. BAYER? UH, JUST, UH, CLARITY, I THINK I THE ANSWER, JUST MAKING SURE, IN THE APPLICATION THEY HAVE LISTED AS THE TOTAL NUMBER PROPOSED SIGNS IS FIVE.

AND THEN OF COURSE THIS ONE IS ONE.

I'M ASSUMING THE OTHER FOUR ARE THE ONES THAT YOU MENTIONED THAT ARE YEAH.

ADMINISTRATIVELY, YES.

OKAY.

MM-HMM.

.

PERFECT.

YEAH.

UH, IT NOTES THAT THIS IS GONNA BE ILLUMINATED.

UM, I CAN'T, UH, YOU KNOW, 12 VOLT LEDS AND 12 VOL OR 60 WATT UM, LIGHTS.

THE ONLY THING THAT WORRIES ME A LITTLE BIT IS HOW THINGS WILL LOOK AT NIGHT AND IF IT'S GONNA BE GLARING OR DISTRACTING.

UH, DO WE HAVE ANY INFORMATION OR DATA ABOUT WHAT THAT BRIGHTNESS THAT THEY'RE EXPECTING, UH, HOW THAT WILL IMPACT, UH, ANYONE DRIVING BY, IF AT ALL? UH, THEY DID NOT FURNISH A FOOT CANDLE DRAWING ON THE LIGHT PROJECTION.

UH, THE APPLICANT WILL BE AT THE MEETING, UH, LATER THIS MONTH TO ANSWER QUESTIONS.

MM-HMM.

, UH, THEY COULD PROBABLY, UH, GIVE YOU, UH, OBVIOUSLY A MORE DETAILED INFORMATION, BUT THEY DID NOT FURNISH A FOOT CANDLE WITH THE SPREAD OF THE LIGHT THERE.

OKAY.

WILL THE LIGHT EVEN BE ON AFTER DARK? I PRESUME THEY'RE CLOSED AFTER DARK.

SURE.

IT COULD BE ON 24 7.

I WOULDN'T PUT IT PAST ANY BUSINESS.

WANT ADVERTISE THEMSELVES AT ANY TIME OF DAY.

YEAH.

OR NIGHT.

IT'D BE INTERESTING.

AND THE FOOT CANDLE PORTION, IT'D BE INTERESTING TO KNOW WHAT A COMPARISON IS TO THE OTHER SIGNS THAT ARE EXISTING TOO FOR FOOT CANDLES.

IF THAT WOULD, THAT WOULD BE A GOOD REFERENCE.

IF IT'S THE SAME AS EVERYTHING ELSE ALONG THERE, THERE'D BE NO ISSUE.

WE CAN REACH OUT TO THE APPLICANT TO, MAYBE THEY CAN PROVIDE THAT INFORMATION AT THE REGULAR SCHEDULED MEETING.

IT WOULD BE DEFINITELY NOTICEABLE.

, RICHARD.

THE IS, WHICH IS,

[00:30:01]

WHICH IS WHAT ADVERTISING IS SUPPOSED TO BE.

MR. SHIELD PUZZLE.

DID YOU HAVE A QUESTION? NO.

DOES THE CODE DISCERN BETWEEN ELIMINATED SIGNS AND NON ILLUMINATED SIGNS? DO YOU KNOW? IT DOES.

IF IF IT'S CLOSE TO A RESIDENTIAL DISTRICT.

UH, WE MEASURE A DISTANCE FOR THE SIGN.

SO THE ILLUMINATED PART OF IT, A POUND CODE WILL NOT APPLY FOR THIS ONE.

IT BEYOND THE, UH, DISTANCE REQUIRED, UH, TO BE NON ILLUMINATED FOR RESIDENTIAL DISTRICTS.

SO WE DO HAVE THAT PART OF THE CODE 'CAUSE OF BASICALLY IN THE COMMERCIAL DISTRICT, THERE ARE SOME RESIDENTIAL AREAS THERE, BUT IT'S, IT IS NOT AS CLOSE TO THE BOUNDARY LINE THAT THAT WOULD APPLY TO, IF THAT MAKES SENSE TO YOU.

MM-HMM.

, THE ACTUAL BRIGHTNESS, THE DISTRACTION PORTION, YOU CAN'T SHINE A LIGHT RIGHT.

INTO THE ONCOMING CARS OR SOMETHING LIKE THAT.

A BRIGHT LIGHT, BUT THE ACTUAL, UM, BRIGHTNESS OF IT FROM INDIRECT LIGHT, WHICH IS I THINK MENTIONED IN THE CODE OR SOMETHING LIKE THAT, THAT ISN'T LIMITED IN THE CODE ANYWHERE.

UH, NOT FOR SIGNS LIKE THIS.

YEAH.

PARKING LOT SIGN OR LIGHTS.

YES.

PART OF, YEAH.

WHERE THE LIGHTS ATTACHED TO BUILDINGS AND PARKING LOTS.

YES.

WE DO HAVE PART OF THE TOWN CODE THAT DIRECTS THEM AND NOT FOR SIGNS.

YES, THAT'S CORRECT.

THE SIGN ORDINANCE IS PART OF THE ZONING ORDINANCE.

YEAH.

NO, THAT'S, THAT'S WHY I WAS AT, THAT'S WHAT I WAS READ, READING THAT.

WELL, IT'S PART OF THE REVISIONS ALSO.

YEAH.

THAT ARE COMING.

WE MORE, WE, THERE'S A WHOLE CHAPTER ON SIGNS RENEWAL.

OKAY.

WE'LL GET ANOTHER BITE AT THE APPLE.

OH BOY.

WELL, THAT ONE WE USED TO MODEL SIGN ORDINANCE FROM THE LOCAL GOVERNOR, LOCAL ATTORNEYS ASSOCIATION.

OKAY.

JUST LONG REALLY THAT JUST THE RULE OF THUMB IS SORT OF THING.

IT'S A STATIC TO SOME DEGREE.

THAT'S WHY WE'RE, WHY IT'S BEING BROUGHT IN THE FIRST PLACE, UM, AS FAR AS ATTRACTIVENESS AND, BUT WE'RE NOT LIMITING BECAUSE OF BRIGHTNESS OF, UH, THE SIGN, BUT JUST IT'S REALLY AESTHETICS AND DISTRACTION.

THOSE WOULD BE SOME QUESTIONS YOU CAN ASK THE APPLICANT AT, UH, A MEETING LATER THIS MONTH.

WE'LL REACH OUT TO 'EM.

UH, IF THEY CAN PUT, UH, MAYBE A FOOT CANDLE, HOW MUCH THAT WILL BE ILLUMINATED TO GIVE YOU A VISUAL OF THAT, IF YOU'D LIKE.

AS FAR AS HOW IT LOOKS IS NOT GONNA BE ANY DIFFERENT THAN THE REST OF THE BUILDING LOOKS.

IT'S GONNA BE VERY HOMOGENEOUS WITH THE, THE STYLE OF THE BUILDING.

THIS IS A CHANGE.

SO THIS IS THE STANDARD LOGO? YES.

STANDARD LOGO, UM, DESIGN.

RIGHT.

BUT THEY, LIKE I SAID, THE PLANNING COMMISSION, IF YOU RECALL, COMMISSIONER NER THAT THEY DID MUTE THE COLORS DOWN FROM WHAT THEIR STANDARD IS, UH, WITH THAT.

SO JUST VERY NICE.

WELL, YOU, YOU MADE THAT RECOMMENDATION.

THEY DID HE THAT A CONDITION THAT BE PLACED ON THE SITE DEVELOPMENT DRAWING.

OKAY.

HAVE WE BEATEN THIS WORSE? I THINK SO.

, SO WE CAN REACH OUT TO, WE CAN REACH OUT TO THE APPLICANT IF YOU CAN TALK ABOUT THE LIGHTING SO THEY CAN JUST, YOU GIVE AN IDEA AND THEN SOME WAY QUANTIFY WHATS, WHAT ELSE IS ALONG THAT ROAD.

MM-HMM.

.

OKAY.

SPEAKING OF SCIENCE, BEFORE WE MOVE ON TO THE NEXT ITEM ON THE AGENDA, I WAS VERY PLEASED TO SEE THE BEAR BEGINNING TO APPEAR.

YEAH.

SALVATION.

I WAS TRYING TO FIND THAT THE OTHER DAY AND JUST, UH, LIKE COMING TOGETHER.

YEAH, THAT'S GREAT.

I THINK THEY PROBABLY HAD TO STOP BECAUSE OF COLD BEAR IS HALFWAY GOOD.

YOU MUST BE OUTTA HIBERNATION, LORD .

OKAY, NEXT ITEM ON THE AGENDA IS THE COMPREHENSIVE PLAN AMENDMENT FOR THE RIVERTON PLANNING DISTRICT.

RIGHT? SO THAT'S 24 DOUBLE 0 6 52.

THAT'S AMENDMENT TO THE COMPREHENSIVE PLAN.

UH, MR. BROOKS, WERE YOU HERE WHEN THIS ISSUE CAME? I WAS NOT, NO.

OKAY.

OKAY.

SO YEAH, THIS IS BETWEEN STRASBURG ROAD AND DUCK STREET TO RUGBY STREET.

UM, SO PART OF THE COMPREHENSIVE PLAN WE'RE, UH, ASKING, UH, TO MAKE AN AMENDMENT TO THE COMPREHENSIVE PLAN, UH, WHICH WAS ADOPTED IN MAY OF 23, UH, 2023.

UM, AND THAT'S THIS AREA UP HERE, DUCK STREET, WEST STRASBURG ROAD.

WE HAVE A, SO THAT'S THE RIVERTON DISTRICT.

UH, THAT DISTRICT DOES POSE CHALLENGES, UH, WHERE IT'S LOCATED AT.

AND THAT WAS OUTLINED IN THE COMPREHENSIVE PLAN.

THOSE BUSINESSES AND THOSE LOTS THERE IN THE RIVERTON DISTRICT DOES POSE SOME CHALLENGES AND OPPORTUNITIES, UH, FOR THOSE LOTS.

UH, BASICALLY FOR THIS ONE, THESE LOTS HERE ARE LOCATED OFF OF WEST STRASSBURG ROAD AND WE HAVE ANOTHER DRAWING, AND THEY WERE ZONED ORIGINALLY, UH, IF YOU REMEMBER RESIDENTIAL,

[00:35:02]

THEN THEY GOT REZONED COMMERCIAL.

AND THEN WEST STRASSBURG ROAD WAS REALIGNED.

SO THIS IS AT THE END OF THE HAMMERHEAD WHERE YOU HAVE THE ROAD THAT COMES DOWN THERE AND MAKES A T AND THEN WEST STRASSBURG ROAD IN, I THINK 2017 WAS REALIGNED WITH THE INTERSECTION WE HAVE THERE NOW.

SO WHAT HAS HAPPENED WITH THOSE LOTS? UH, EVEN THOUGH THESE WERE DESIGNED OR ZONED REZONED COMMERCIAL, THEY OFFER LIMITED BUSINESS OPPORTUNITIES.

HERE YOU'RE AT A DEAD END STREET AND INDIVIDUAL OWNERS OF THE LOTS.

SO, UH, I BELIEVE THAT WAS 1980, IF MY MEMORY SERVES ME RIGHT WHEN THAT WAS, THAT WAS 85.

85.

OKAY.

SO WHAT HAS HAPPENED SINCE, YOU KNOW, SINCE THAT TIME PERIOD, NO DEVELOPMENT HAS CAME IN ON THESE LOTS.

NO COMMERCIAL DEVELOPMENT HAS CAME IN SINCE THIS PROPERTIES WERE REZONED FROM RESIDENTIAL TO COMMERCIAL.

SO THAT TELLS US PLANNING WISE THERE'S A PROBLEM.

UM, WITH THAT, THEY'VE HAD EXPLORED OTHER BUSINESSES GONE THERE, BUT AFTER WEST STRASBURG ROAD WAS REALIGNED AND YOU'RE AT A DEAD END, IF YOU THINK ABOUT THAT PLANNING WISE, WHO WANTS A BUSINESS? IS THAT A DEAD END STREET? RIGHT? I MEAN, YOU'RE NOT GONNA GET A LOT OF FOOT TRAFFIC.

YOU KNOW, YOU DON'T ONLY GET FOOT TRAFFIC THERE OR PEOPLE COMING THERE JUST FOR THAT BUSINESS, YOU WOULDN'T HAVE NO THROUGH TRAFFIC COMING BY.

SO, UH, THAT KINDA LIMITS THE TYPE OF BUSINESS THAT COULD GO THERE.

SO WHAT WE ARE ASKING, UH, SO IF YOU REMEMBER RIGHT, THESE LOTS HERE WAS REZONED FROM COMMERCIAL TO R THREE.

UH, SO THEY WAS APPROVED TO PUT TOWNHOUSES THERE AND MOST RECENTLY THE, THIS PAR PARCEL HERE WAS REZONED ALSO.

SO WE WANNA DO SOME ACTION STRATEGIES TO BRING THESE, UH, INTO ALIGNMENT WITH THE BETTER USE.

THE BETTER USE WOULD BE RESIDENTIAL.

AND SO THE COMMERCIAL, SO IF YOU THINK ABOUT IT, I MEAN 40 YEARS OR SO, THE, THE LOTS HAVE BEEN THERE AND BASICALLY NO MOVEMENT ON DEVELOPMENT.

SO THAT TELLS US WHY THE PLANNING PART OF IT, SOMETHING IS KIND OF WRONG WITH THESE LOTS BEING ZONED THAT WAY.

UH, SO THE BETTER USE WOULD BE RESIDENTIAL.

UH, WE'VE ALREADY HAD THESE APPROVED FOR CONSTRUCTION, SO THOSE ARE MOVING ALONG.

SO THE LOTS THAT ARE ASKING TO AMEND THE COMPREHENSIVE PLAN ARE THESE THAT ARE OUTLINED HERE.

THESE TWO DOWN HERE AT WEST DUCK STREET WOULD REMAIN COMMERCIAL.

SO THEY WOULD BE, WE WOULD MOVE THOSE, UH, I'LL MAKE A NOTE HERE ON OUR DEFINITIONS.

THOSE WOULD BE, UH, THEY MOVED TO RESIDENTIAL ON A COMPREHENSIVE PLAN.

THEY'D BE RESI, NEIGHBORHOOD RESIDENTIAL, GONE FROM COMMERCIAL, AND THESE OTHER LOTS WOULD BE MIS MIXED USE COMMERCIAL.

SO THIS, UH, BY MANY THESE COMPREHENSIVE PLAN, IT SUPPORTS THE REZONING.

THEY WOULD STILL HAVE TO COME BACK AND REZONE THESE PARCELS IF THEY'D LIKE TO.

OKAY.

BUT IT WOULD ALIGN WITH THE COMPREHENSIVE PLAN.

IT SEEMS LIKE THIS IS THE, LIKE I SAID, NO MOVEMENT ON THESE LOTS FOR FOR YEARS.

QUESTION.

WE'RE TALKING JUST ABOUT THE, THE ONES ON THE LOWER RIGHT, NOT THE ONES ON THE .

YES.

ALL THESE, SO THESE, THESE FOUR LOTS HERE.

OKAY, THESE FOUR LOTS AND THREE LOTS HERE ON DUCK STREET.

OH, THOSE ALSO? YES.

THESE TWO HERE WOULD NOT BE OKAY.

OKAY.

UH, SO IT WOULD GO TO THE, UH, NEIGHBORHOOD, UH, RESIDENTIAL FROM COMMERCIAL.

UM, SO THAT'S WHAT WE'RE LOOKING FOR TO DO FOR THE PLANNING COMMISSION TO AMEND THE COMPREHENSIVE PLAN TO GO FROM, UH, FROM COMMERCIAL TO NEIGHBORHOOD RESIDENTIAL.

BUT AGAIN, THE PROPERTY OWNERS WOULD HAVE TO COME FOR A REZONING.

THIS WOULD JUST SUPPORT THE REZONING AND IT WOULD BE IN ALIGNMENT WITH THE COMPREHENSIVE PLAN.

OKAY.

DO YOU HAVE QUESTIONS? NO.

OKAY.

SO I MEAN THAT, I KNOW IT'S A LOT TO, FOR THOSE THAT IF YOU WASN'T HERE WITH THE PREVIOUS, UH, REZONING, SO THESE LOTS HAVE ALREADY BEEN REZONED.

UM, APPROVAL FROM PLANNING COMMISSION RECOMMEND APPROVAL, AND TOWN COUNCIL DID RECOMMEND, UH, REZONING OF THOSE PROPERTIES.

SO WE DECIDED WITH THIS LAST ONE TO TAKE THIS UP TO TRY TO CORRECT THESE LOTS HERE.

UH, I MEAN THE DRIVEWAYS ARE IN ALREADY FOR RESIDENTIAL USE.

THEY COULD HAVE BEEN COMMERCIAL, BUT IT'S LIMITED AGAIN WITH THIS HAMMERHEAD DRIVEWAY DOWN HERE.

PROBABLY NOW MORE APPLICABLE FOR RESIDENTIAL, UH, USE THAN COMMERCIAL.

THERE.

ROSE COMES QUESTIONS.

GARY WOULD BE VERY HAPPY.

.

THANK, THANK YOU FOR DOING THIS SO QUICKLY TOO.

YEAH, ABSOLUTE OUR LAST TIME.

[00:40:01]

I APPRECIATE THAT.

YEAH, SO IT'S MOVING, YOU KNOW, THAT, I MEAN, THERE'S A LONG PROCESS ON THE COMPREHENSIVE PLAN, BUT SOMETIMES THESE LITTLE AREAS COME UP, UH, YOU KNOW, OVER A MATTER OF TIME THAT WE SEE THERE'S NO MOVEMENT ON THERE.

UM, SO THEY'RE BETTER SUITED IN OUR OPINION, UH, TO HAVE THESE TO BACK TO RESIDENTIAL LOTS.

OKAY.

NOW WHAT WILL BE THE PROCEDURE? I ASSUMING THAT WE VOTE ON THIS, UH, TWO WEEKS FROM NOW AND APPROVE IT, THEN HOW DID TOWN COUNCIL? TOWN COUNCIL WILL MAKE THE, WE WILL TAKE THE ISSUE UP AND THEY'LL AMEND TO AMEND THE COMPREHENSIVE PLAN FOR THIS ONCE.

AND THEN YOU GO BACK AND RETROFIT THE COMPREHENSIVE PLAN THAT'S ON THE WEBSITE.

MM-HMM.

.

YEAH.

RIGHT.

BUT DOES THIS DOES NOT REZONE THE PROPERTIES.

OKAY.

RIGHT.

IT JUST, JUST CHANGES THE COLOR, SUPPORTS THE REZONING OF THEM BECAUSE PART OF YOUR COMP, AND IF IT MAKES MORE SENSE, WE CAN MAKE THAT WHOLE AREA JUST SHOW AS NEIGHBORHOOD RESIDENTIAL.

IT'S, YOU KNOW, THIS WHOLE, THE ENTIRE RECTANGLE CORNER.

YEAH.

THIS ENTIRE RECTANGULAR COULD BE REC WHEN YOU, WHEN YOU REFRE.

WHEN YOU RETROFIT THE, THE YEAH, THAT, THAT WOULD ACTUALLY MAKE SENSE BECAUSE THEN IT'S REALLY CLEAR EVERYBODY, BECAUSE WHEN HE, WE KEPT OUT WHERE THE PARCELS THAT HAVE ALREADY BEEN REZONED, UM, AND IT'S A PARKING LOT THERE NOW, I THINK PLAN TO SHOW ALL OF IT AS NEIGHBORHOOD RESIDENTIAL, EXCEPT ONES THAT ARE COMMERCIAL THAT MATTHEWS OFFICE.

MM-HMM.

.

NO, IT WOULD INCLUDE THOSE AT A COMMERCIAL.

YEAH.

AND SO IT, LIKE MATTHEWS, IT WOULDN'T AFFECT ANYBODY THAT'S ALREADY THERE.

IT WOULD JUST MEAN THAT IF A PROPERTY OWNER THERE CHOOSES TO COME AND APPLY FOR A REZO AND THEY CAN APPLY AND THEN THE COMP PLAN WOULD ALIGN WITH IT.

RIGHT NOW WE'RE GETTING REZONING REQUESTS OR WE HAVE HAD THREE AND THE COMP PLAN DOESN'T QUITE ALIGN, BUT THAT'S THE BEST USE FOR THE PROPERTY IN LOOKING AT, YOU KNOW, WHAT ARE, WHAT ARE POTENTIAL STUMBLING BLOCKS OR IF THERE ARE THINGS THAT COULD COME UP LATER FOR THOSE TWO CORNER LOTS, UH, ARE THE TWO THAT ARE CURRENTLY NOT IN THE HIGHLIGHTED, UH, YELLOW OR GREEN AREA.

UM, WITH THOSE BEING USED COMMERCIALLY RIGHT NOW, UM, IF THOSE PROPERTY OWNERS WERE TO SELL TO SOMEBODY ELSE WHO WANTS TO CONTINUE A COMMERCIAL USE, BUT THE BUILDING HAS TO BE REDONE AND THEY HAVE TO COME FOR A PLAN, THIS DOESN'T CHANGE THEIR ZONING.

IT DOESN'T CHANGE THEIR ZONING.

BUT IF THEY HAVE TO COME FOR PERMITTING OR ANYTHING LIKE THAT, THEY'RE STILL ZONED COMMERCIAL, WOULD IT BE A POTENTIAL STUMBLING BLOCK INSOFAR AS THEN IT WOULD BE STATED THIS DOES NOT ALIGN WITH THE COMP PLAN? NO, THE, THE ZONING WILL STAY THE SAME.

SO THEY'LL STILL STAY C ONE.

MM-HMM.

IT'S STILL, THEY'LL STILL BE HELD TO THOSE STANDARDS.

OKAY.

IT WOULD JUST SHOW FUTURE LAND USE 20, 30 YEARS DOWN THE ROAD.

IF THEY SELL IN THAT PERSON WISHES TO REZONE IT, THAT'S WHEN THIS COMES INTO PLAY.

I SEE.

OKAY.

IT DOESN'T IMPACT THE PARCEL AS IS RIGHT NOW IN ANY WAY.

GOTCHA.

EVEN IF SOMEONE WANTED TO REBUILD LIKE SOMETHING ELSE, THEY COULD A COMPLETELY DIFFERENT COMMERCIAL AS LONG AS THEY CAME IN WITH ANOTHER COMMERCIAL BY RIGHT.

USE OR EVEN LIKE A SPECIAL USE PERMIT, WE'D RUN IT THROUGH THE PROCESS.

OKAY.

AND IN THAT CASE, YOU KNOW, WE STAFF WOULD PROBABLY SAY, HEY, THIS DOES NOT ALIGN WITH THE COMPREHENSIVE PLAN.

MM-HMM.

.

BUT THAT DOESN'T MEAN THAT YOU WOULDN'T MAKE THE RECOMMENDATION TO APPROVE IT OR THE COUNCIL WOULDN'T EITHER.

RIGHT.

THAT'S A FACEBOOK USE BASIS.

RIGHT.

GOTCHA.

THANK YOU FOR THAT.

OKAY, NO PROBLEM.

PROBLEM.

LIKE I SAID, I APPRECIATE IT HAPPENING SO FAST.

WE'RE ALL SET, WE'RE ALL SET THEM OVER.

DID WE, DID WE NEED TO SPEND TIME WORKING ON THE ORDINANCE THERE? ZONING ORDINANCE CHANGE TODAY? WE'LL DO THAT IN, WE'LL DO THAT IN TIME FOR THE NEXT ONE.

OKAY.

I THINK WE'VE COVERED OUR BUSINESS.

OKAY.

WE'LL HEAR A MOTION TO ADJOURN.

NOT THAT WE MAKE MOTION BUT ACCEPT.

I THINK.

I'M SURE NOT IN MOTION TO ADJOURN.

I'M GONE SECOND .

WAIT, LET US TURN THE CAMERA.

OH, YOU TURN THE CAMERAS OFF.