* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [*This meeting is joined in progress] [00:00:03] THAT'S THE CLOSE OF THE PUBLIC COMMENTS, CITIZEN COMMENTS, CONSENT [VI. CONSENT AGENDA] AGENDA. UH, WE HAVE TWO ITEMS ON OUR CONSENT AGENDA. UH, DO WE, UH, HAVE ANY FURTHER INFORMATION THAT WE NEED TO KNOW OR DO WE, UH, MOVE? CAN I HAVE A MOTION THAT THE PLANNING COMMISSION WILL APPROVE THE CONSENT AGENDA TO PUBLICLY ADVERTISE THESE ITEMS? RIGHT, RIGHT. EVERYBODY WILLING TO MOVE AHEAD? . OKAY. AND I, I, I, I SHOULD MENTION THAT THE TOPICS OF THE CONSENT AGENDA ARE, UH, 2 4 0 0 6 7 3, A SPECIAL USE PERMIT FOR MULTIFAMILY APARTMENTS OF 36 UNITS IN THREE SEPARATE BUILDINGS, UH, IN A PARTIAL ON ROYAL LANE. THAT IS ONE. THE OTHER ONE IS 2 4 0 0 6 8 7. A REZONING APPLICATION, UH, TO MOVE FROM C ONE TO R THREE ON, UH, NUMBERS 10 30, 44, 60 AND 52 ON WEST STRASBURG ROAD. AND THOSE ARE MOVED ON THE CONSENT AGENDA. SO THOSE WILL BE, UH, ADVERTISED FOR A PUBLIC HEARING THAT WILL BE HELD ON JANU. SECOND. SECOND. OH, SORRY. WELL, I WAS JUST INFORMING WHAT THEY ARE. SO ANYBODY KNEW WHAT WE WERE VOTING ON? THIS WILL BE FOR A PUBLIC HEARING ON JANUARY 15TH. YEAH, SO, SO WE HAVE A MOTION. IS THERE A SECOND? SECOND. ALL IN FAVOR? AYE. AYE. OKAY. CONSENT AGENDA IS APPROVED. OKAY. NOW WE [VII. PUBLIC HEARING] WILL OPEN THE MEETING TO THE PUBLIC HEARING. THE FIRST ITEM ON THE PUBLIC HEARING IS ITEM 2 4 0 0 5 9 9. A ZONING TEXT AMENDMENT TO INCLUDE PERFORMANCE STANDARDS FOR TOBACCO, SMOKE, OR VAPE SHOPS IN THE COMMERCIAL AND INDUSTRIAL DISTRICTS WITHIN TOWN LIMITS. DO WE HAVE A STAFF REPORT ON THIS? THANK YOU, MR. WARE. SO MY ITEM 24 0 0 5 9 9, THAT'S A ZONING TEXT AMENDMENT TO DEFINE AND PERMIT TOBACCO, SMOKE OR VAPE SHOPS BY RIGHT, WITH PERFORMANCE STANDARDS OR BY SPECIAL USE PERMIT IN THE TOWN, C ONE AND C3 COMMERCIAL DISTRICTS. UH, YOU HAD THREE WORK SESSIONS TO DISCUSS THESE ITEMS. UH, SO THERE IS, THERE IS A PART FOR THE BY RIGHT ORDINANCE, UH, 1 75 39 A, THE USE REGULATIONS. AND THEN YOU ALSO HAVE WITH SPECIAL USE PERMIT ORDINANCE, UH, THOSE ARE DEFINED IN YOUR WORK PACKET. SO THE MAIN DISTINCTION BETWEEN THE TWO USES CAN BE DISCERNED FROM THE DEFINITION. ONCE THE PRIMARY RETAIL PRODUCT BECOMES TOBACCO SMOKE OR VAPE MERCHANDISE, THE SPECIAL USE PERMIT BECOMES NECESSARY. THE BY RIGHT THE BY RIGHT MECHANISM WOULD REGULATE ANY RETAILER SELLING ANY TYPE OF TOBACCO, SMOKE, OR VAPE PRODUCTS TO A DISTANCE OF A THOUSAND LINEAR FOOT FROM THE PROPERTY BOUNDARY OF A DAYCARE OR SCHOOL ESSENTIALLY, AND KEEPING WITH THE REGULATIONS FOR COMMUNITY HEALTH, SAFETY, AND WELFARE. ALL TOBACCO, SMOKE, OR VAPE PRODUCTS WILL BE REGULATED IN SOME FORM WITHIN THE C ONE AND C3 DISTRICT. SO YOU HAVE TWO ITEMS, UH, FOR THE TEXT AMENDMENT. ONE WOULD BE FOR PERFORMANCE STANDARDS AND THE OTHER WITH THE SPECIAL USE PERMIT. UM, SO THE ONE REGULATES THE DISTANCE, THE OTHER REGULATES THE FLOOR SPACE AND, UH, MERCHANDISE. DO YOU HAVE ANY QUESTIONS FOR TOWN STAFF ON THIS ITEM? UM, I THINK WE'VE TALKED ABOUT IT IN THE PAST, AND WE CAN LET YOU OFF THE HOOK TONIGHT. OKAY. OKAY. SO, UM, SINCE WE DON'T NEED TO DISCUSS THIS ANYMORE, DEAR COLLEAGUES, ARE WE PREPARED TO OH, RIGHT. THANK YOU. YES. IS THERE, DOES ANY MEMBER OF THE PUBLIC WISH TO SPEAK ON THIS WHO HAS NOT SIGNED UP? NO QUESTIONS FOR STAFF. PUBLIC DOES NOT WISH TO SPEAK. THAT'S JUST WHAT I WAS GONNA DO NEXT. I WAS WAITING, THINKING SOMEBODY MIGHT MOVE, BUT . OKAY. WE WILL CLOSE THE PUBLIC HEARING NOW. DO WE HEAR A MOTION? OKAY, I, I, I MOVE THAT WE APPROVE AS PRESENTED. UH, THE ZONING TEXT, [00:05:01] OR EXCUSE ME, THE, THE AMENDMENT, UM, FOR THE, UM, PERFORMANCE STANDARD FOR TOBACCO SMOKERS, VAPE SHOPS, AND COMMERCIAL INDUSTRIAL DISTRICTS WITHIN THE TOWN LIMITS. WE FORWARD THE RECOMMENDATION TO THE TOWN COUNCIL AND FORWARD THE RECOMMENDATION TO THE TOWN COUNCIL FOR SPECIAL USE PERMITS. VAPE ORDINANCE STOPS TO PROMOTE HEALTH SAFETY AND GENERAL WELFARE FLOW FOR THE PUBLIC. AND IS THE MOTION, IS THERE A SECOND? SECOND DISCUSSION? SO THIS IS SOMETHING, UH, LIKE, UH, YOU SAID THAT HAS BEEN DISCUSSED EXTENSIVELY. UM, AND I WILL JUST PUT FORWARD A COMMENT THAT I DO, UH, DISAGREE WITH HAVING EVERY SINGLE BUSINESS THAT SELLS TOBACCO OR VAPE AT ANY LEVEL BEING REGULATED. I DO NOT THINK THAT GAS STATIONS ARE PRESENTING THE SAME RISK TO CHILDREN OR TO THE HEALTH, SAFETY, WELFARE OF THE COMMUNITY AS A BUSINESS WHERE THEIR PRIMARY AND OR SOLE PRODUCT ARE NICOTINE ITEMS, UH, LIKE YOU WOULD SEE IN A VAPE SHOP. SO, UM, YOU KNOW, PERSONALLY, I THINK THE ONLY THING THAT REALLY NEEDS TO BE LOOKED AT IS THOSE, UH, BUT I ALSO UNDERSTAND, YOU KNOW, WHERE, WHERE STAFF IS COMING FROM. AND THAT'S, YEAH, THAT'S MY COMMENTS ON THIS. SO WE HAVE A MOTION. WE HAVE A SECOND. ALL IN FAVOR SIGNIFY BY SAYING AYE. AYE. AYE. THOSE OPPOSED? NO, THE MOTION CARRIES. THANK YOU. NOW I WILL OPEN THE PUBLIC HEARING NUMBER 2 4 0 0 6 5 2, WHICH IS A COMPREHENSIVE PLAN AMENDMENT TO AMEND THE AREA BETWEEN STRASBURG ROAD AND DUCK STREET TO RUGBY STREET FROM A FUTURE LAND USE DESIGNATION OF COMMERCIAL TO NEIGHBORHOOD RESIDENTIAL. MR. WARE, PLEASE LAST ELABORATE ON THIS. SURE. SO 24 0 0 6 52 IS A COMPREHENSIVE PLAN AMENDMENT INITIATED BY THE PLANNING COMMISSION TO AMEND THE AREA BETWEEN STRASSBURG ROAD, WEST STRASSBURG ROAD AND DUCK STREET AND RUGBY STREET FROM FUTURE LAND USE DESIGNATION OF COMMERCIAL TO NEIGHBORHOOD RESIDENTIAL. UH, PREVIOUSLY WE HAD, UH, TWO REZONINGS IN THIS AREA, SO GIVE YOU A LITTLE UPDATE. THAT'S THE COMPREHENSIVE PLAN PLANNING AREAS. IT'S IN NUMBER TWO UP THERE AT THE UPPER LEFT HAND CORNER, UH, OF THE RIVERTON PLANNING AREA. SO THAT AREA THERE ON WEST STRASSBURG ROAD AND WEST DUCK STREET BY THE COMPREHENSIVE PLAN WOULD BE SET ASIDE FOR COMMERCIAL. BUT WE'RE ASKING FOR AN AMENDMENT TO THE COMPREHENSIVE PLAN TO CHANGE THAT TO NEIGHBORHOOD RESIDENTIAL. UH, SO THE RIVERTON AREA DOES HAVE SOME CHALLENGES WITH THAT, THAT'S OUTLINED IN THE COMPREHENSIVE PLAN THAT YOU'RE WELL AWARE OF, AND THERE IS SOME ACTION STRATEGIES FOR THESE LOTS. UH, SO WHAT HAS INITIATED THIS IS, THIS WOULD GO AGAIN FROM COMMERCIAL TO NEIGHBORHOOD RESIDENTIAL. UH, SO THOSE, THOSE ARE THE AREAS OUTLINED. THERE. YOU CAN SEE THE, UH, THREE LOTS THAT WERE FORMALLY REZONED, UH, FROM COMMERCIAL TO R THREE. THAT AREA ON WEST STRASBURG ROAD WAS, UH, ORIGINALLY R TWO. IT WAS REZONED IN 1980 TO COMMERCIAL. AND SINCE 40 SOME YEARS LATER, THERE HAS BEEN NO MOVEMENT ON COMMERCIAL BUSINESSES ON THAT PART OF THE STREET. SO WE COULD SEE THERE WAS A LITTLE BIT OF A FLAW IN THE COMPREHENSIVE PLAN WHEN WE LOOKED AT THESE LOTS. AND IT HAS LIMITED, UH, POTENTIAL THERE BECAUSE OF THE REDESIGN OF WEST STRASSBURG ROAD. UH, THAT WAS THE, UH, THE ROAD BEFORE THE, UH, CHANGES MADE BY VDOT. THEN, UH, THE ROAD FRONTAGE THERE WAS CHANGED IN FRONT OF THOSE LOTS WITH A HAMMERHEAD AT THE END. SO IT DOES LIMIT THE COMMERCIAL USES OF THOSE PROPERTIES RESTRICTING, UH, FLOW, UH, CONTINUOUS FLOW TRAFFIC WITH THAT. HENCE, UH, BASICALLY THE LAST 40 YEARS, AGAIN, NO MOVEMENT ON THE COMMERCIAL END. UH, SO WE DID HAVE THE COUPLE REZONINGS, UH, PREVIOUSLY TO GET THOSE LOTS FROM C ONE TO R THREE. SO WE'RE ASKING NOW AS A PLANNING COMMISSION, SEEING THIS AREA NEEDED CHANGES. YOU INITIATED THE PLAN TO, UH, THE MOVEMENT TO HAVE THIS RECLASSIFIED IN THE COMPREHENSIVE PLAN. UH, SO IS THERE ANY QUESTIONS FOR THIS? THIS IS AN AMENDMENT TO THE COMPREHENSIVE PLAN, UH, FROM COMMERCIAL TO NEIGHBORHOOD RESIDENTIAL. NO, THAT'S WHAT WE REQUESTED. YEAH, WE DISCUSS THIS IN OUR WORK SESSION, [00:10:01] SO WE'RE READY TO MOVE FORWARD. IS THERE A MOTION? OH YEAH. THANK YOU. YES. IS THERE ANYBODY WHO WISHES TO SPEAK AT THE PUBLIC HEARING ON THIS MATTER? SEEING NONE, I WILL CLOSE THE PUBLIC HEARING AND ASK MY COLLEAGUES IF THERE'S NOTHING TO DISCUSS. IS THERE A MOTION? I MOVE THE PLANNING COMMISSION FORWARD, A RECOMMENDATION OF APPROVAL TO THE TOWN COUNCIL OF THE PROPOSED COMPREHENSIVE PLAN AMENDMENT WITHIN THE RIVERON PLANNING DISTRICT, UH, FOR THE PROMOTION OF GOOD ZONING PRACTICE AND COMMUNITY PLANNING. I SECOND. ALL IN FAVOR? AYE. AYE. THE MOTION PARISHS. OKAY. SO THAT IS MOVING AHEAD AND THAT IS THE END OF OUR PUBLIC HEARINGS. UH, AT [VIII. NEW BUSINESS] THIS POINT WE MOVE ON TO OUR NEW BUSINESS. THE FIRST ITEM IS AN APPLICATION FOR A PLAT FOR A MAJOR SUBDIVISION. UH, MR. WARE, COULD YOU BRING US UP TO DATE, PLEASE? YES. SO APPLICATION 24 0 0 6 4 1 IS REQUEST FOR A FINAL PLAT APPROVAL FOR MAJOR SUBDIVISION, UH, CONTAINING 18 LOTS, UH, 33 DWELLING UNITS, 16 DUPLEXES AND ONE EXISTING SINGLE FAMILY LOT LOCATED AT 3 44 WEST MAIN STREET, IDENTIFIED AS TAX MAP 20 A SIX, SECTION FIVE PARCELS EIGHT EIGHT A AND EIGHT B. UH, THE PROPERTY IS ZONED R TWO RESIDENTIAL DISTRICT. UH, THERE'S THE PROPERTY LOCATED THERE ON 3 44 WEST MAIN STREET FRONTS ON WEST MAIN STREET, UH, ORCHARD STREET THERE, NORTH AVENUE. UH, SO HAS ROAD FRONTAGE IN ALL PARTS OF THE MAJOR PORTION. THEN YOU HAVE THE SOUTH PORTION THERE ON ORCHARD STREET. SO YOU HAVE EXISTING STREETS ON THIS SUBDIVISION. UH, SO THIS IS A MAJOR SUBDIVISION, UH, REQUIRED, UH, PER TOWN CODE 1 48 3 15. UH, IF YOU REMEMBER CORRECTLY, UH, THE FIRST STEP WAS FOR THE PRELIMINARY PLAN, WHICH YOU APPROVED. UH, SO THEY HAVE A SPECIFIC TIME TO SUBMIT THESE FINAL SUBDIVISION PLAN AND PLAN. SO THIS IS A SECOND STEP INTO THIS PROCESS. UH, THIS DOES HAVE TO BE BY TOWN CODE REVIEW, BY THE PLANNING COMMISSION UNDER 1 48, 315 D. UH, SO IT HAS TO BE IN COMPLIANCE WITH THE COMPREHENSIVE PLAN OR PRELIMINARY PLAN HAS BEEN MADE. UH, IF THE REVIEW IS FAVORABLE, THE PLANNING COMMISSION WOULD AUTHORIZE US TO SEND THIS PLAT, UH, TO TOWN COUNCIL FOR CONSIDERATION. OUT OF TOWN CODE, UH, IN YOUR PACKET IS THE, UH, TWO PAGE SUBDIVISION PLANT. UH, WITH THE CHECKLIST THAT WE WENT OVER AT THE WORK SESSION. UH, WE WENT AHEAD AND NUMBERED, UH, THOSE ITEMS. ACCORDING TO YOUR CHECKLIST, IT WAS FOUND COMPLIANCE WITH ALL THE TOWN CODE REGULATIONS FOR THIS TYPE OF SUBDIVISION. UH, SETBACKS, LOT, LOT SIZES, LOT FRONTAGE ON THE STREETS. UH, THE MINIMUM SIZES WITH THE RE UH, BUILDING RESTRICTION LINES. THEY DID SET ASIDE A LOT THERE IN THE, UH, LOWER RIGHT HAND CORNER OF THE BIG TRACK THAT IS FOR STORMWATER MANAGEMENT. UH, SO THOSE LOTS WILL BE SUBDIVIDED, UH, CAN BE FURTHER SUBDIVIDED INTO DUPA DUPLEX LOTS, HAS EXISTING, UH, STREET FRONTAGE ON ALL SIDES OF THE MAIN PIECE. AND THEN ON ORCHARD STREET ON THOSE THERE, THAT WOULD FRONT ON THAT STREET. SO THIS IS FOR THE SUBDIVISION PLAT. UH, SO THEY MET ALL COMPLIANCE OF THE CODE FOR THIS TYPE OF SUBDIVISION. WE WENT OVER THIS AT THE WORK SESSION AND I INCLUDED THE CHECKLIST FOR YOU AND WE NUMBERED THOSE ITEMS ON THE CHECKLIST SO YOU COULD BE FAMILIAR WITH THE ITEMS THAT ARE REQUIRED BY TOWN CODE. THEY MET ALL THE COMPLIANCE THAT IS REQUIRED FOR THE CODE FOR THIS SUBDIVISION. DO YOU HAVE ANY QUESTIONS FOR STAFF? NO, NO. IT'S, IT MEET OKAY. AT THIS STAGE OF THE GAME, IT MEETS EVERYTHING. YES. OKAY. AND THIS AGAIN, WE HAVE STUDIED THIS BEFORE. OKAY. UH, THE, UH, UM, THIS IS NOT A PUBLIC HEARING, SO I DON'T NEED TO ASK FOR COMMENTS ON THE PUBLIC HEARING. THIS IS NEW BUSINESS. SO, UM, THE, WHAT WE NEED AT THIS POINT IS THROUGH A MOTION TO RECOMMEND THE APPROVAL OF THE TOWN COUNCIL OF THE FINAL PLAT. I'LL DO IT. THIS, I, I MOVE THAT THE PLANNING COMMISSION FORWARD A RECOMMENDATION FOR APPROVAL TO THE TOWN COUNT TOWN COUNCIL FINAL SUBDIVISION PLAT NUMBER 2 4 0 0 6 4 1. TITLE SQUIRREL HILL DEVELOPMENT LOCATED AT 3 44 WEST MAIN STREET. IS THERE A SECOND? SECOND. ALL IN FAVOR? AYE. AYE. AYE. MOTION PASSES. OKAY. THE SECOND ITEM OF NEW BUSINESS IS [00:15:01] A SIGN PERMIT APPLICATION FOR WHAT WILL SOON BE THE NEWEST CAR WASH IN TOWN. UH, MR. WARE, WOULD YOU LIKE TO FILL US IN? YES. SO, PERMIT 24 0 0 6 4 2. A CONSTRUCTION OF A NEW MONUMENT OR A GROUND MOUNTED SIGN WITHIN THE ENTRANCE CORRIDOR AT 1303 NORTH ROYAL AVENUE. UH, SO 1 75 98 4, UH, REVIEW FOR DESIGN COMPLIANCE IN THE ENTRANCE CORRIDOR. UH, NEW CONSTRUCTION OR CONSTRUCTION OF NEW BUILDINGS AND NEW NON-EXEMPT GROUND MOUNTED SIGNS SHALL BE REVIEWED BY THE PLANNING COMMISSION THAT'S IN TOWN CODE 1 75 98 4 B, UH, TO BRING YOU UP TO ABRE. AT THE REGULAR MEETING ON JULY 20TH, 2022, THE PLANNING COMMISSION MADE THE FOLLOWING MOTION. VICE CHAIRMAN GORDON MOVED SECOND BY COMMISSIONER INGRAM, THAT THE PLANNING COMMISSION APPROVED THE SITE PLAN APPLICATION 22 0 0 1 3 4 FOR AN AUTOMATED CAR WASH FACILITY IN THE ENTRANCE CORRIDOR LOCATED AT 1303 NORTH RURAL AVENUE. AND IN THAT MOTION, UH, A LITTLE OVER TWO YEARS AGO, THE APPLICANT DID, UH, CHANGE A LITTLE BIT OF THE, UH, RENDERINGS OF THE SIGNS AND THE COLOR OF THEIR, UH, FACILITY. AND THAT IS REFLECTIVE IN THE NEW SIGN THAT THEY ARE ASKING FOR A GROUND MOUNTED SIGN. SO THE PLANNING COMMISSION RULED THAT IT WAS IN COMPLIANCE, UH, WITH TOWN CODE, UH, BACK IN JULY OF 2022. UH, SO THE PROPOSED SIGN WOULD BE THERE IN THE CORNER, UH, THE PROPERTY, THERE'S A LOCATION AGAIN OF THE SITE PLAN SHOWING THE MONUMENT SIGN LOCATION THERE AT THE CORNER, UH, NEAR THE RETAINING WALL. TRAFFIC WOULD COME IN OFF OF 13TH STREET, UH, GO NORTH CIRCLE THROUGH THE CAR WASH AND COME OUT ON 13TH STREET. PREVIOUSLY, THE RESTAURANT THAT WAS LOCATED THERE ENTERED OFF OF NORTH ROYAL AVENUE. SO THIS IS IMPROVEMENT WITH THE TRAFFIC FLOW, UH, AGAIN, THE LOCATION OF THE GROUND MOUNTED SIGN AND THE RENDERING OF THE GROUND MOUNTED SIGN THERE. SO IT GIVES A RELATIONSHIP, UH, THERE WITH THE HEIGHT AND THE WIDTH. UM, AND THE COLOR WAS APPROVED PREVIOUSLY BY THE PLANNING COMMISSION. UH, THE SIGN AREA WOULD BE, UH, 49 SQUARE FEET. UH, AND GROUND MOUNTED SIGN IS BASED ON THE LENGTH OF THE LOT LINEAR FOOT. IT IS WELL IN COMPLIANCE WITH TOWN CODE FOR THAT SIZE OF A GROUND MOUNTED SIGN. WE DISCUSSED THIS AT THE PREVIOUS WORK SESSION. DO YOU HAVE ANY QUESTIONS FOR THIS? THE APPLICATION DID COME IN. THEY DID, THERE WAS A QUESTION ABOUT THE OTHER SIGNS THAT ADMINISTRATIVELY WAS APPROVED, OR THE WALL SIGNS THAT ARE ON THE BIT WILL BE PROPOSED FOR THE BUILDING. SO THAT'S DONE ADMINISTRATIVELY FOR WALL SIGNS, UH, BUT IN THE ENTRANCE CORRIDOR, GROUND MOUNTED SIGNS COME TO THE PLANNING COMMISSION DISCUSSION QUESTION. I DIDN'T, WE HAVE SOME QUESTIONS AT THE WORKING SESSION ABOUT THE ILLUMINATION, THE BRIGHTNESS OF THE LIGHTS, AND I THOUGHT WE GONNA LOOK INTO THAT OR ASK THE, UH, YEAH. THE, THE APPLICANT'S HERE. SO THEY ARE, IT IS GONNA BE A, A, A LIGHTED SIGN MM-HMM . UH, ILLUMINATED. UM, YOU PROBABLY COULD DIRECT THAT QUESTIONS TO THE APPLICANT IF YOU'D LIKE. OKAY. IS THE APPLICANT HERE? OKAY. ANY OTHER QUESTIONS FOR THE APPLICANT OR OTHERWISE OR STAFF? OKAY. UH, YES, GOOD EVENING. SETH RODERICK WITH MONTEVERDE ENGINEERING AND, UH, DESIGN STUDIO REPRESENTING THE APPLICANTS. I HAVE TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE. I THINK THE QUESTION WAS REGARDING THE BACK BACKLIT NATURE OF THE SIGN, THE BACKLIT NATURE AND THE DIRECTION YEAH, THE DIRECTIONAL OF IT, YOU KNOW, SO IT REALLY JUST KIND OF, THE SIGN ITSELF, THERE'S NO EXTERNAL LIGHTS SHINING ON THE SIGN OR EMITTING FROM THE SIGN. IT'S A BACKLIT NATURE, SO IT'S REALLY JUST KIND OF GLOWS. UH, YOU KNOW, WHAT YOU'LL SEE THERE IN THAT, IN THAT SCENE. UH, IT'S A PRETTY COMMON APPLICATION. IF I WENT AROUND TOWN, I COULD PROBABLY POINT 'EM OUT TO YOU A LITTLE EASIER, BUT IT'S JUST, NOTHING'S COMING TO MIND. UH, BUT YEAH, IT'LL, IT'LL KIND OF HAVE A GLOWING KIND OF A, A PRESENCE TO KINDA LIKE BURGER KING AND MCDONALD'S GLOW. YEAH, YEAH, YEAH, YEAH. JUST, UH, NOT GOLDEN ARCHES. YEAH. OKAY. HOW DO YOU HAVE A WAY OF MEASURING THE LIGHT OUTPUT? IT'S, IT'S, I DON'T KNOW THAT I'VE SEEN THAT. UH, GENERALLY WHEN WE THINK ABOUT, UM, LIGHT MEASUREMENT, WE'RE TALKING ABOUT SIGHT LIGHTS AND WALL PACKS, THINGS THAT HAVE AN ACTUAL PURPOSE OF LIGHTING UP THE AREA AROUND THEM. BACKLIT NATURE SIGNS ARE NOT THAT, SO IT'S, THERE'S SOMETHING THERE, BUT IT WOULD BE VERY MINIMAL. UM, I, I COULDN'T GIVE YOU AN EXACT MEASUREMENT OF THAT, BUT IT, IT'S VERY MINIMAL AND CERTAINLY NEGLIGIBLE IN COMPARISON TO, UM, YOU KNOW, STREET LIGHTS AND, AND PARKING LIGHTS. SIGHT, SIGHT LIGHTS. YEAH. SO IT'S NOT MEANT TO RADIATE? ABSOLUTELY NOT. YEAH. I MEAN, JUST, IT'S MEANT TO BE SEEN, YOU KNOW, TO SHOW UP IN THE DARK, BUT THAT'S IT. IT'S JUST A BACKLIT NATURE. ALL [00:20:01] IT'S DIFFUSED INSIDE THE SIGN. CORRECT. YEAH. YEAH. OKAY. THANK YOU. MM-HMM . OTHER QUESTIONS. THANK YOU. OKAY. YOU'RE WELCOME. DO I HEAR A MOTION I MOVE THAT THE PLANNING COMMISSION APPROVE SIGN APPLICATION NUMBER 2 4 0 0 6 4 2 FOR THE PROPOSED GROUND MOUNTED SIGN AT 1303 NORTH ROYAL AVENUE AS SUBMITTED. IS THERE A SECOND? I'LL SECOND. OKAY. AND LET US VOTE. ALL IN FAVOR SIGNIFY BY SAYING AYE. AYE. AYE. THOSE OPPOSED THE MOTION PASSES, AND THAT IS THE END OF OUR NEW BUSINESS. NOW WE [IX. OLD BUSINESS] MOVE ON TO OLD BUSINESS, AND THIS IS THE MATTER OF THE VFW, WHICH WE HAVE HAD BEFORE THIS GROUP MANY TIMES. AND, UH, I UNDERSTAND THAT, UH, COMMANDER COOK WOULD LIKE TO SAY A FEW WORDS, AND I'D LIKE TO INVITE YOU UP TO GOOD TO SEE YOU AGAIN. ALTHOUGH I GATHER IT'S NOT A HAPPY MOMENT. WELL, IT'S THE, IT'S NOT THE DESIRED OUTCOME. UM, MADAM CHAIRMAN, COMMISSIONERS, MS. CONNIE, LAUREN, JOHN, UM, WE'VE MET, WE'VE DISCUSSED, UH, WE'VE THUMB WRESTLED, WE'VE WRESTLED, AND UNFORTUNATELY WE COULD NOT COME TO AN AGREEMENT THAT WOULD MEET THE, IN MEET THE LETTER OF THE CURRENT, UH, PARKING REQUIREMENTS. UM, THEREFORE, UH, I DON'T HAVE ANY GOOD NEWS OTHER THAN, UH, I BELIEVE WITH THE SPECIAL EXCEPTION APPLICATION, YOUR RECOMMENDATION WILL GO TO TOWN COUNCIL. CORRECT. AND THEN WE'LL RIDE THAT OUT. UM, AND BARRING THAT, THEN, UH, WE'LL LOOK FOR ANOTHER BUILDING IF, IF THE TOWN COUNCIL ULTIMATELY DENIES THAT. SO, UH, I APPRECIATE YOU ALLOWING US THE EXTRA TIME TO COME BACK AND, UH, WORK THAT EFFORT WITH, UH, THE CHURCH. BUT UNFORTUNATELY, I DON'T HAVE ANY GOOD NEWS. APPRECIATE YOUR TIME. WE'RE VERY, WE'RE VERY SORRY TO HEAR THAT. I APPRECIATE THAT. THANK YOU. AND WE WISH YOU, WISH YOU VERY WELL. UM, BUT, UM, QUESTIONS, UH, DISCUSSIONS AMONG OURSELVES, I GUESS WE NEED A MOTION SO WE CAN DISCUSS IT IF WE NEED TO. SO YOU HAD CLOSED THE PUBLIC HEARING AT THE LAST MEETING, SO RIGHT AT THIS POINT IN TIME, YOU JUST WANT TO MAKE A MOTION. RIGHT. SO LET'S HEAR A MOTION AND THEN WE CAN DISCUSS IF WE NEED TO. YOU'RE, YOU'RE ELECTED TO MAKE MOTION TO WE'RE OKAY. I WAS JUST MAKING SURE. SO, UM, I, OKAY, I MOVE THE PLANNING COMMISSION FORWARD, A RECOMMENDATION OF DENIAL TO THE TOWN COUNCIL DUE TO THE APPLICANT'S INABILITY TO MITIGATE THE NEGATIVE IMPACTS OF SURROUNDING NEIGHBORHOOD. SADLY, IS THERE A SECOND? THERE IS NO SECOND. I'LL SECOND. OKAY. THERE IS A SECOND. DO WE WISH TO DISCUSS IT AMONG OURSELVES ANY FURTHER? YEAH. WHAT MY, MY CONCERN IS, ALTHOUGH AS MUCH AS I WOULD LOVE TO APPROVE THIS, I, I DON'T SEE HOW IT, IT COULD WORK WITHIN THE NEIGHBORHOOD FOR THE EVENTS AND, UM, AND PUTTING A LIMITATION OF SAYING THAT WITHIN, YOU KNOW, GONNA WORK THROUGH IT AND THEN WITHIN TWO YEARS, YOU KNOW, TRY TO IMPROVE IT. IT'S, IT'S, AND IF THAT CAN'T COME IT, OR, AND, YOU KNOW, A CONDITION ON IT WITHIN TWO YEARS TO DO IT, THAT IT THEN PUTS A BURDEN ON THEM THAT IF THEY CAN'T MEET IN TWO YEARS, EITHER REAPPLY OR SELL THE BUSINESS, UH, THE, THE LOCATION THEY JUST BOUGHT, WHICH WOULD BE A HARD INDUCING A HARDSHIP ON THEM. AGAIN, UM, UH, FOR HU GOING WITH HUMAN NATURE, IF YOU HAVE EVENTS AND YOU SAY, OKAY, YOU NEED TO PARK AT SOMEPLACE SOME DISTANCE AWAY, HUMAN NATURE ISN'T GOING TO DO LET YOU DO THAT. THEY'RE GONNA PARK IN THE NEIGHBORHOOD UNLESS YOU CAN CONTROL THE ENTIRE ENTRANCE AND EXIT TO THE NEIGHBORHOOD, WHICH IN ITSELF ADDS A HARDSHIP ONTO THE NEIGHBORS IN ADDITION TO PARKING. SO I, I DON'T SEE ANY WAY IT, IT CAN WORK IN THAT LOCATION JUST FOR, FOR NORMALLY FOR THE EVENT STRUCTURES. AND, UM, IT'S TO SAY YOU ONLY GONNA HAVE A FEW EVENTS A YEAR, BUT BY RIGHT, THEY'RE ALLOWED TO HAVE TWO PER MONTH THAT, THAT GOES ALONG WITH THIS. AND THAT COULD CHANGE WITH DIFFERENT LEADERSHIP OR THE CASE MAY BE SO, AND, AND THINKING IN THE, THE HOLISTICALLY FOR THE NEIGHBORHOOD ITSELF. I, I, THAT'S WHY I AM, I HAVE HESITATION OF APPROVING THIS WITH, WITH, UH, DID YOU WANNA SAY SOMETHING ELSE? IT'S VERY SAD TO HEAR THAT. UM, AND, AND, UH, WOULD REMIND YOU THAT THE PLANNING COMMISSION ONLY MAKES RECOMMENDATIONS TO TOWN COUNCIL. THE TOWN COUNCIL IS FREE TO OVERRIDE US. THEY'VE BEEN KNOWN TO DO SO. UM, AND SO THIS IS NOT [00:25:01] THE END OF THE ROAD. IT'S MAYBE THE END, BUT IT'S NOT NECESSARILY THE END OF THE ROAD. WE HAVE THE PLANNING COMMISSION HAS TO FOLLOW THE LETTER OF THE LAW. UH, THE TOWN COUNCIL HAS A LITTLE BIT MORE LEEWAY THAN WE DO. SO IF YOU CAN MAKE YOUR CASE TO THEM, UH, WE WISH YOU THE BEST. AND IT, IT WILL CERTAINLY GRIEVE ME, UH, PERSONALLY TO SEE VFW HAVE TO LEAVE THE AREA. I HOPE THAT DOESN'T HAPPEN. I HOPE YOU CAN FIND SOME OTHER PLACE. UM, DID YOU WANNA SAY SOMETHING? THE VFW IN WHAT THEY HAVE PRESENTED TO US OVER THE LAST COUPLE OF MONTHS, HAVE VERY CLEARLY DEMONSTRATED OVER A LONG PERIOD OF TIME THEIR DILIGENCE AND THEIR INTEGRITY FOR TRYING TO SERVE BOTH THEIR OWN MEMBERS AND THEN ALSO TO BE A GOOD NEIGHBOR TO THE COMMUNITY HERE. WHEN IT COMES TO THE SPECIFIC LOCATION THAT THEY'RE LOOKING AT GOING FOR, THEY HAVE THE SUPPORT OF THE ORIGINAL OWNER OF THAT BUSINESS WHO WANTS TO CONTINUE HELPING THEM. THEY HAVE SPECIFICALLY INDICATED THAT WHEN THEY HAVE LARGER EVENTS, THEY WILL HAVE, THEY WILL IMPLEMENT A RESERVATION SYSTEM OR IDEALLY BE USING THEIR FORMER PROPERTY AS THEY'RE CONTRACTUALLY ALLOWED TO DO. ANY GROUP THAT IS GOING TO HAVE AN EVENT WANTS THE PEOPLE ATTENDING IT TO BE COMFORTABLE AND TO BE AT EASE. I DON'T SEE ANY REASON TO, UH, ANY EVIDENCE EVEN THAT THE VFW WOULD GO AGAINST THIS AND IN EFFECT, BE A POOR NEIGHBOR OR A POOR SERVANT TO THE COMMUNITY. THEY HAVE SHOWN TIME AND TIME AGAIN THAT THAT IS WHAT THEY WANT. AND THEY, THE TOWN CODE SPECIFICALLY ALLOWS FOR SPECIAL EXCEPTIONS WHEN IN CASES OF A SUBSTANTIAL INJUSTICE OR HARDSHIP. AND I THINK HARDSHIP HAS BEEN VERY CLEARLY OUTLINED HERE IN THEIR HISTORY WITH TRYING TO WORK WITH THE EDA, THEN TRYING TO WORK WITH THE CHURCH, TRYING EVERY SINGLE AVENUE POSSIBLE, AND THIS IS THEIR LAST RESORT. UH, I THINK IT WOULD BE APPROPRIATE FOR US TO BE USING THE CODE THAT ALLOWS FOR THIS SPECIAL EXCEPTION. THANK YOU, MR. BROOKS. DID YOU WANNA SAY ANYTHING? OKAY. WELL, NO FURTHER DISCUSSION. I'LL CALL THE QUESTION. ALL THOSE IN FAVOR YOU CAN FIND BY SAYING, AYE. OH, ROLL CALL IS RECOMMENDED. OKAY. MS. CONNIE, CAN WE HAVE A ROLL CALL? COMMISSIONER MARRAZZO? NO. CHAIRMAN MARNER, CAN YOU COME BACK TO ME? CHAIRMAN NEIL? YES. COMMISSIONER BROOKS. YES. CHAIRMAN MARNER. WELL, I, IT, IT, IT PAINS ME SO MUCH. I THINK I'LL JUST ABSTAIN. UH, ALTHOUGH I GUESS IN ORDER TO MAKE THE VOTE, I GUESS I HAVE TO VOTE. YEAH. OKAY. I'LL VOTE YES. YEAH, I WISH I DIDN'T HAVE TO, BUT I DON'T SEE ANY WAY AROUND IT. SO WHAT, SO THAT WAS A YES. SO WHAT'S THE FINAL COUNT? MAJORITY. OKAY. SO IT'S VERY SAD TO VOTE ON THAT. OKAY. THE [X. ELECTION OF OFFICERS] NEXT ITEM ON OUR AGENDA IS THE ELECTION OF AN OFFICER DUE TO THE, UH, UH, UNEXPECTED, UH, RESIGNATION OF GARY GILLESPIE, OUR VICE CHAIRMAN. UM, WE HAVE A VACANCY, UH, IN THE VICE CHAIRMAN POSITION. AND, UM, I, I WOULD LIKE TO NOMINATE MR. NEIL, UM, AND WOULD REQUEST A SECOND TO THAT NOMINATION. I'LL SECOND. WOULD YOU LIKE TO MAKE A CAMPAIGN SPEECH , OR, OR WOULD YOU LIKE TO ? WELL, I, I, UM, AS I SAID, I PRO, I, I BRING TO, UM, CERTAINLY THE INTEREST AND A LOT OF THE BACKGROUND THAT WERE NECESSARY IN THIS, AND BOTH IN, UM, IN VARIOUS INDUSTRY AS WELL AS INDUSTRY. AND, UM, CERTAINLY AN INTEREST IN THE TOWN THAT, THAT GOES ALONG WITH IT. AND I THINK THAT'S REQUIRED HERE. AND, UH, AND, UH, YOU WILL, YOU, YOU, EVERYBODY ELSE SITTING AT THE DIOCESE WILL RECEIVE THEIR OFFICIAL TRAINING IN THE ARTS AND SCIENCE OF BEING A PLANNING COMMISSION MEMBER IN A FEW MONTHS. SO, UH, AND THEN I THINK, UM, MR. SONNET, ISN'T THERE ANOTHER DATE? WHEN, WHEN IS THE NEXT ELECTION, UH, FOR OFFICERS? UM, THANK YOU. I, I BELIEVE THE PLANNING DIRECTOR'S MORE FAMILIAR WITH YOUR BYLAWS THAN I AM, BUT I BELIEVE IT'S IN FEBRUARY IS YOUR, WHAT I CALL THE ORGANIZATIONAL MEETING. THE ORGANIZATIONAL, THAT'S WHAT I, THAT I THOUGHT IT WAS FEBRUARY. YES. SO, SO DON'T BE TOO CONCERNED. YOU, [00:30:01] THIS IS NOT A LIFETIME SENTENCE. YES. A SHORT RECORD . SO, PLENTY TIME, PLENTY OF TIME TO SEE IF YOU DON'T LIKE THE TASTE OF IT. OKAY. WELL WE HAVE, WE HAVE A NOMINATION. WE HAVE A SECOND. UM, THOSE IN FAVOR SIGNIFY BY SAYING AYE. AYE. AYE. AYE. THANK YOU. WELCOME, MR. VICE CHAIRMAN, ARE THERE ANY REPORTS FROM COMMISSION MEMBERS? NOTHING TO REPORT. NOTHING REPORT. OKAY. VERY GOOD. VERY GOOD. IS [XII. PLANNING DIRECTOR REPORT] THERE A REPORT FROM THE PLANNING DIRECTOR FOR YES. OKAY. FOR THE MONTH OF DECEMBER, WE HAD 24, UM, NEW ZONING PERMITS. WE ISSUED FIVE NEW DWELLING UNIT. UM, DID YOU MEAN NOVEMBER PERMITS? SORRY, WHAT WAS THAT NEW NOVEMBER, OH, SORRY. 24 ZONING PERMITS. AND THEN FIVE NEW DWELLING UNITS. WE OPENED 13 NEW CODE ENFORCEMENT CASES AND, UM, CONDUCTED, I BELIEVE 29 RE-INSPECTIONS OR INSPECTIONS. UM, THERE ARE 55 DWELLING UNITS TOTAL FOR 2024. UM, AND WE HAVE HAD 2,462 WALK-INS TO PLANNING AND ZONING FOR THIS YEAR. AND 200 OF THOSE WERE IN NOVEMBER. UM, AS FAR AS PROJECTS GO, UM, I'M BEGINNING TO FINALIZE THE CIP DRAFT, UM, FOR THE 20 25 20 29 CAPITAL IMPROVEMENT PLAN. MY GOAL IS TO HAVE THAT TO THIS BODY BY, UH, THE BEGINNING OF FEBRUARY. SO YOUR, YOUR FEBRUARY WORK SESSION. UM, AND WE'RE GONNA BE CONTINUING TO WORK ON THE ZONING DRAFT AS WELL. I'M ALSO, UM, MEETING WITH OUR CONSULTANT FOR THE ZONING ORDINANCE TO BEGIN DISCUSSING THE EDITS TO THE SUBDIVISION ORDINANCE. SO AS SOON AS WE FINISH UP ZONING ORDINANCE, WE'LL BE COMING RIGHT IN WITH THE SUBDIVISION ORDINANCE AS WELL. UM, AND I THINK THAT IS EVERYTHING THAT I HAVE. DO YOU HAVE ANY QUESTIONS? OKAY. THANK YOU, MS. KKI. DO I HEAR A MOTION TO ADJOURN? SO MOVED. WE HEAR A SECOND. SO SECONDED. MOTION IS NON DEBATABLE. SO ALL IN FAVOR SIGNIFY BY SAYING AYE. AYE. AYE. OKAY. THE MEETING STANDS ADJOURNED. THANK YOU. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.