1 00:00:12,480 --> 00:00:18,680 Kingston Springs Regional Planning Commission meeting is now in 2 00:00:16,279 --> 00:00:24,599 session uh R call of voting members Keith Al good present Tony Thompson 3 00:00:21,400 --> 00:00:31,160 absent Tony gross here Mike harus here Lauren Hill here Mike Paton Craig kit 4 00:00:28,240 --> 00:00:38,879 Maurice bafford here Bob doer here Sharon Armstrong here Peter kimra is 5 00:00:34,960 --> 00:00:42,559 here by request only John laws here we have 6 00:00:40,120 --> 00:00:47,160 qu we have a motion to approve the March 14 Planning Commission meeting minutes 7 00:00:45,000 --> 00:00:53,800 so moved second all in favor I those 8 00:00:50,600 --> 00:00:58,480 opposed motion carries motion to approve uh April 11 2024 Planning Commission 9 00:00:56,039 --> 00:01:02,719 meeting agenda Madam chairman I have a correction on item 10 under new 10 00:01:02,879 --> 00:01:11,119 business okay on towards the end of the paragraph after Zone feema n fpx Zone 11 00:01:09,159 --> 00:01:16,080 everything after Zone needs to be stricken from the record it's a leftover 12 00:01:13,520 --> 00:01:21,799 from last month okay so property located in FEMA nfx Zone recommend yeah 13 00:01:19,479 --> 00:01:26,200 everything regarding right okay we have motion to 14 00:01:24,880 --> 00:01:33,040 approve that change I believe motion motion to 15 00:01:30,680 --> 00:01:38,119 second motion made in second all in favor say I I those 16 00:01:35,680 --> 00:01:45,360 opposed okay thank you now motion to approve minutes as agenda for the April 17 00:01:40,880 --> 00:01:51,960 11 Planning Commission approve second all those in favor those 18 00:01:49,119 --> 00:01:57,520 opposed the agenda is approved Community 19 00:01:54,680 --> 00:02:01,560 input which is public comments shall be limited to 3 minutes for all regular 20 00:01:59,399 --> 00:02:06,840 agenda items and items removed from the agenda and all and an overall time limit 21 00:02:04,719 --> 00:02:10,879 for all comments on agenda items to 10 minutes unless extended by vote of the 22 00:02:08,879 --> 00:02:14,920 majority of the Planning Commission the chairman shall limit 23 00:02:12,920 --> 00:02:19,200 comments to the agenda items to relevant comments and shall restrict comments 24 00:02:16,440 --> 00:02:22,000 that are disruptive in nature do we have anyone here that wishes to provide 25 00:02:21,000 --> 00:02:29,280 Community input okay please come forward and state 26 00:02:24,720 --> 00:02:29,280 your name and where you live 27 00:02:31,200 --> 00:02:42,720 my name is Bill Rogers I'm at 1660 South arith Road uh and I'd like to comment on 28 00:02:38,000 --> 00:02:48,640 the uh item 10 uh it that needs to be commented now and not after item 10 is 29 00:02:45,879 --> 00:02:54,800 discussed I assume that's F sir what what are your comments okay uh this is 30 00:02:51,800 --> 00:02:54,800 of course of 31 00:02:55,000 --> 00:03:02,120 rezoning if if I may I'm sorry I apologize to Mr Rogers and to the 32 00:02:59,879 --> 00:03:07,200 chairman of the board they're allowed on an agenda item they comment during the 33 00:03:04,680 --> 00:03:11,920 meeting public comments are oberved for things that are not on the agenda so if 34 00:03:09,720 --> 00:03:16,599 it's an agenda item it's presented and then they're allowed to comment during 35 00:03:13,840 --> 00:03:22,080 that time because it's on the published agenda okay so it's not during well if 36 00:03:19,560 --> 00:03:26,840 if that's my apolog if I'm incorrect occurs during the meeting because all of 37 00:03:24,360 --> 00:03:30,599 that gets captured um sometimes you'll come in and want to talk about things 38 00:03:28,439 --> 00:03:35,319 that aren't on the agenda that's what the public comment is for so this it 39 00:03:32,959 --> 00:03:40,280 comes up on the agenda Therefore your comments we'll discuss this when we get 40 00:03:37,519 --> 00:03:45,879 to item 10 been proposed that's what my understanding was too okay my apologies 41 00:03:42,400 --> 00:03:54,120 I do have another uh besides item 10 all right sir uh and I've commented about 42 00:03:48,560 --> 00:04:01,360 this before about uh South Hari Road uh Kingston Springs needs to put some 43 00:03:57,840 --> 00:04:05,840 signs out there on bumps caution uh dangerous area we're we've got areas the 44 00:04:04,360 --> 00:04:10,319 size of this room that people are bumping across mud on uh I know we've 45 00:04:08,400 --> 00:04:14,920 had at least two cars go off in the ditch uh we're a very dangerous 46 00:04:12,959 --> 00:04:19,600 situation there and I don't know we've been working on this for three years I 47 00:04:17,000 --> 00:04:25,280 guess on the road and I know Mrs Armstrong has got is working on this 48 00:04:21,680 --> 00:04:30,120 with one of other addendum items uh but I would just like to bring up the fact 49 00:04:26,840 --> 00:04:35,720 that please uh if we can get some caution sides out there before somebody 50 00:04:32,039 --> 00:04:35,720 really gets hurt thank you thank you 51 00:04:36,199 --> 00:04:44,320 sir do we have any any other comments on items that are not going to be discussed 52 00:04:41,479 --> 00:04:51,440 during the course of our meeting okay Community input is 53 00:04:49,039 --> 00:04:54,560 closed Declaration of conflict in the event that any member shall have a 54 00:04:52,800 --> 00:04:58,000 personal interest of any kind in a matter before the Kingston Springs 55 00:04:56,080 --> 00:05:01,560 Municipal Regional Planning Commission he or she shall disclose their interest 56 00:04:59,919 --> 00:05:09,360 conflict of interest is defined in the municipal code Title 1 chapter 4 section 57 00:05:04,800 --> 00:05:14,360 1-42 through Section 1-04 are there any conflicts none we'll move 58 00:05:11,560 --> 00:05:19,240 forward old business ERS Le PUD consideration of approval of amended 59 00:05:16,160 --> 00:05:24,440 grading plans yes ma'am thank you if you'll remember staff was allowed to 60 00:05:21,319 --> 00:05:30,160 review the grading plans in order to inhibit any further damage on the elders 61 00:05:26,880 --> 00:05:35,240 Le property due to the spring rain so the city engineer vetted the plans I 62 00:05:32,800 --> 00:05:43,199 looked at the plans in your packet directly behind the minutes which is uh 63 00:05:38,160 --> 00:05:48,680 from last month is the plan the drainage calculation and the revisions that it 64 00:05:45,440 --> 00:05:53,479 went through um with their engineer and our engineer we then vetted them and 65 00:05:50,880 --> 00:05:58,000 they were issued a permit to continue the grading at that point uh we asked 66 00:05:56,160 --> 00:06:01,759 for permission which is a rare thing for staff to do the review and allow the to 67 00:05:59,919 --> 00:06:05,880 move forward so that with the rain that's occurred between now when the 68 00:06:03,479 --> 00:06:11,319 plans could come back here would not further inhibit U the residents so those 69 00:06:08,919 --> 00:06:16,840 are in your packet and formal approval by the Planning Commission is 70 00:06:13,960 --> 00:06:21,840 required so there're they're meeting our requirements they do uh the city 71 00:06:19,199 --> 00:06:27,120 engineer signed off on them about five weeks ago so with the last set of 72 00:06:24,319 --> 00:06:32,120 revisions to recalculate the drainage to the road because it's still showing 73 00:06:29,080 --> 00:06:36,440 water blowing over West Kingson Springs Road with the previous set of 74 00:06:34,160 --> 00:06:42,120 calculations I have looked at it to make sure that it includes a note on it that 75 00:06:39,360 --> 00:06:45,880 they have to scope the sewer lines because of the previous incident that we 76 00:06:44,000 --> 00:06:49,280 had they have worked through all of their issues with second South cheetah 77 00:06:47,680 --> 00:06:54,880 second South cheetah did the repair design and execut it the developer did 78 00:06:52,360 --> 00:06:58,639 not so everything has been resolved at this point we can't guarantee this is 79 00:06:56,759 --> 00:07:04,720 going to fully address all the runoff because sometimes with the topography 80 00:07:01,280 --> 00:07:08,919 it's kind of trial and error so uh but uh the city engineer is very comfortable 81 00:07:07,479 --> 00:07:12,039 with these plans and it's been a great that we them 82 00:07:14,479 --> 00:07:21,000 asend make a motion we approve second motion to approve and second is there 83 00:07:19,680 --> 00:07:28,000 any further discussion all those in favor say I I 84 00:07:24,680 --> 00:07:32,800 opposed motion passes okay uh uh Golf Course Tennessee 85 00:07:31,039 --> 00:07:37,000 update on maintenance facility proposed site plan performance bond requirements 86 00:07:34,919 --> 00:07:41,400 for construction damage to South harpi Road the Country Club Road within the 87 00:07:39,240 --> 00:07:45,919 city limits of the town of Kingston Springs uh soil and erosion issues 88 00:07:43,919 --> 00:07:50,080 reported by Mimi Rose consideration of approval for 89 00:07:48,280 --> 00:07:54,440 performance bond for repairs to South parp 90 00:07:51,120 --> 00:08:00,759 Road um since our last meeting we advised um Planning Commission that we 91 00:07:56,960 --> 00:08:06,599 were determining the linear foot cost for the temporary repaving and repair of 92 00:08:03,400 --> 00:08:11,240 South harp road because before everybody was taking the detour the bridge was not 93 00:08:08,759 --> 00:08:16,400 in now they're taking they're turning out and going across the new bridge and 94 00:08:13,759 --> 00:08:22,319 there's a lot of damage to um South harpi Road all the way up to CC road so 95 00:08:20,039 --> 00:08:27,800 the golf club has been made aware of that they have been provided by the city 96 00:08:24,400 --> 00:08:33,039 engineer the per linear foot cost uh were still or not negotiate having 97 00:08:30,319 --> 00:08:36,680 discussions with them we would like them to from the city limits all the way to 98 00:08:34,760 --> 00:08:42,320 CC road because that's where the damage is occurring there's still a great deal 99 00:08:38,360 --> 00:08:47,480 of dumb truck and occasionally semi TR uh traffic coming in and out of there 100 00:08:44,800 --> 00:08:51,240 the build out for that particular area for the maintenance facility and the new 101 00:08:49,440 --> 00:08:55,760 office building is going to be at least another 6 to n months uh they're still 102 00:08:54,200 --> 00:09:00,240 working through an easement agreement with the DOR property because they don't 103 00:08:57,720 --> 00:09:05,720 directly but at the maintenance facility location South Harvard Road so we've 104 00:09:03,360 --> 00:09:10,920 advise them that the regulations require permanent Perpetual easement agreement 105 00:09:09,000 --> 00:09:18,760 with the maintenance between the two of them um at that location with a rough 106 00:09:14,160 --> 00:09:24,640 tape measure it's 17 FT 1 and 3/4 in of width when the dumb trucks are turning 107 00:09:20,959 --> 00:09:28,760 out they're exceeding the pavement uh they're plowing ruts on both sides 108 00:09:26,839 --> 00:09:31,320 they're also crossing the ditch from that location which is stopping it up 109 00:09:30,240 --> 00:09:36,200 they're doing a pretty good job of keeping that cleaned out but as they get 110 00:09:34,079 --> 00:09:40,920 to the bridge the bridge of but the approach to the bridge is much wider 111 00:09:37,880 --> 00:09:45,720 than the road and so the damage from the dump truck that's starting to degrade 112 00:09:42,760 --> 00:09:51,920 the concrete at the bridge location so they're aware of all of these things um 113 00:09:48,399 --> 00:09:55,600 those discussions are ongoing the uh city has determined the linear foot cost 114 00:09:54,160 --> 00:10:00,160 and the length of the road that needs to be repaired this will not be a permanent 115 00:09:58,560 --> 00:10:03,760 resurfacing because it's pointless to completely to 116 00:10:02,279 --> 00:10:07,680 do the improvements that will be required if the Planning Commission 117 00:10:05,279 --> 00:10:14,040 approves the new site plan with the In-N-Out driveway uh if you if you 118 00:10:10,880 --> 00:10:18,920 approve that then it will require them to widen that road because it's just not 119 00:10:16,600 --> 00:10:22,279 wide enough for that heavy traffic going in and out of there and I would U ask 120 00:10:20,880 --> 00:10:28,000 that the Planning Commission if you have time it's a short drive now that you 121 00:10:24,680 --> 00:10:32,480 like to go around go by cross the bridge once you come off the other stop get out 122 00:10:29,959 --> 00:10:36,160 and take a look at what you're seeing so it at the 123 00:10:33,680 --> 00:10:41,279 minimum depending on what the traffic study brings they have 65 parking spaces 124 00:10:38,680 --> 00:10:47,040 going in there that facility will serve not only the greens maintenance at that 125 00:10:43,560 --> 00:10:52,279 location for both golf courses it will also um for Turf maintenance staff 126 00:10:50,560 --> 00:10:57,120 parking will be there for a number of other operations and the office staff 127 00:10:55,160 --> 00:11:01,519 they're building a new office location there so with that many vehicles coming 128 00:10:59,519 --> 00:11:05,959 in and out there's also a proposed connection from the back of the 129 00:11:02,880 --> 00:11:11,920 maintenance facility to DBI from that location that's closer to South harith 130 00:11:09,240 --> 00:11:18,040 Road than it is to coming in at the golf club primary entrance so um increased 131 00:11:15,600 --> 00:11:24,360 traffic um at the minimum the road needs to be widened because it's not real safe 132 00:11:21,320 --> 00:11:29,839 in that location and it's just not I that's a permanent request for them 133 00:11:26,680 --> 00:11:36,000 deliveries will go in that back door uh for large truck delivery to serve the 134 00:11:32,760 --> 00:11:40,200 clubhouse the country club the pro shop so it'll be an ongoing thing and then 135 00:11:38,120 --> 00:11:44,839 the increased traffic on that road for people that maintain the greens so 136 00:11:43,160 --> 00:11:49,959 widening will be necessary the regulations required it meets the the 137 00:11:47,200 --> 00:11:55,920 minimum number of parking spaces and increased traffic to cause that to 138 00:11:52,760 --> 00:12:00,519 happen so that'll be in phase two if the side plan is improved but my advice to 139 00:11:57,920 --> 00:12:05,040 the Planning Commission would be to hold off on that until the construction is 140 00:12:02,720 --> 00:12:10,040 complete because if you pave it permanently now you're just going to 141 00:12:07,320 --> 00:12:16,399 have to PVE it again so are there any questions on that section of 142 00:12:12,880 --> 00:12:20,560 it okay so and erosion they have had and I know they dislike it but it's the 143 00:12:18,000 --> 00:12:27,240 language on their epsc reports from their site person there been two solid 144 00:12:24,199 --> 00:12:32,279 erosion and St water failures uh in the last several weeks both resulted in 145 00:12:29,160 --> 00:12:39,480 complaints from adjacent Property Owners uh I asked Mr Hooper the engineer to 146 00:12:36,360 --> 00:12:45,639 share with us what caused um those failures whether something just laid 147 00:12:41,480 --> 00:12:49,839 down a wire a fence what happened and he said on the first incident they were 148 00:12:47,120 --> 00:12:53,680 unable to determine what the cause or the source was but the water went into 149 00:12:51,920 --> 00:12:59,839 the Cur or the dirt went into the creek sold it and into the river 150 00:12:56,360 --> 00:13:03,519 Beyond both times um they're having a little bit of trouble stabilizing three 151 00:13:01,600 --> 00:13:08,320 of the holes on the top of the ridge my assumption is since it's next 152 00:13:06,480 --> 00:13:13,600 to the Ravine on the property which then feeds into the creek that's most likely 153 00:13:11,639 --> 00:13:19,399 uh the source of failure so I've asked them to revisit that I've also reminded 154 00:13:16,399 --> 00:13:24,639 them that if we have multiple incidences of this that a stop 155 00:13:22,600 --> 00:13:29,240 will be issued until they repair the so and erosion control so I don't want to 156 00:13:26,440 --> 00:13:35,320 do that but we have to address the issue right so that's all we had is just an 157 00:13:31,120 --> 00:13:38,959 update there's no action to be had okay any other comments 158 00:13:39,199 --> 00:13:46,320 re okay uh discussion of sidewalks from the 159 00:13:43,880 --> 00:13:52,480 ERS be PUD to downtown Kingston Springs an update yes ma'am as you know this is 160 00:13:49,000 --> 00:13:57,240 a standing item until some till we're done with um the review and the 161 00:13:55,199 --> 00:14:03,600 consideration I've had a conversation with a condo of HOA they are now um 162 00:14:01,759 --> 00:14:08,360 they've asked last week for me to get an item to their board so they can consider 163 00:14:05,959 --> 00:14:15,079 it their HOA board to connect it from there so and I was assigned to end that 164 00:14:12,079 --> 00:14:20,839 comes off of phase one through and ends up next to Turnbull down here so that 165 00:14:17,800 --> 00:14:25,360 was my end of it um so I have already spoken to we've spoken with the 166 00:14:22,440 --> 00:14:32,440 developer met with him he was um amenable to coming across there um 167 00:14:29,680 --> 00:14:36,639 we will likely require them to put the utilities in a culvert as it goes down 168 00:14:35,199 --> 00:14:41,519 the side boundaries so that we don't have any damage to anything on on 169 00:14:38,680 --> 00:14:46,800 utilities on that edge and then from there it would go to the condo 170 00:14:44,000 --> 00:14:52,079 association uh Mr Francis I placed a couple phone calls to Mr Francis who 171 00:14:49,160 --> 00:14:59,360 owns the rental house adjacent to Turnbull but it's a shorter path um less 172 00:14:56,440 --> 00:15:04,519 money we don't have to acquire right away if Mr Francis agrees to allow the 173 00:15:02,800 --> 00:15:08,880 sidewalk to run in front of his rental property then there won't be any cost to 174 00:15:06,440 --> 00:15:12,040 acquire property to run the sidewalk so they would be able to walk from ellersly 175 00:15:10,959 --> 00:15:17,519 all the way to right down here and come out there so 176 00:15:15,839 --> 00:15:21,440 that's just an update that's as far as we've got okay thank 177 00:15:21,920 --> 00:15:32,399 you okay uh 9d Roy B mcferson The Willows 129 East Kingston Springs Road 178 00:15:28,680 --> 00:15:38,759 Cor Grill update yes I think everyone received a letter yes um I'm not going 179 00:15:36,000 --> 00:15:45,360 to characterize the letter um I would like to stick to the facts this board in 180 00:15:42,959 --> 00:15:49,759 November of last year because of a complaint we had two 181 00:15:47,319 --> 00:15:56,600 complaints um with the type of fill going on the property and the excess of 182 00:15:53,079 --> 00:16:02,079 the grading plan that was approved by almost an acre so that was brought here 183 00:15:59,880 --> 00:16:07,680 the Planning Commission approved expanding the grading permit they then 184 00:16:04,560 --> 00:16:13,639 had to expand their plans with Tac in order to remedy that um they were given 185 00:16:10,920 --> 00:16:18,279 a soul map which you approved um a core map for drilling and a report was 186 00:16:16,240 --> 00:16:23,560 required to be submitted staff engineer and I for review and then to come to 187 00:16:21,360 --> 00:16:29,240 this body with that review we still do not have a copy of that core report so 188 00:16:26,959 --> 00:16:34,079 the gist of the complaint is that stop work order is still in place we can't 189 00:16:31,360 --> 00:16:39,000 lift it until we know what's in the soul and until we get the compassion from the 190 00:16:35,959 --> 00:16:43,720 report so since the report has not been furnished we're kind of between a rock 191 00:16:41,199 --> 00:16:48,319 and a hard place the second item that was asked for was reconsideration of the 192 00:16:45,920 --> 00:16:52,160 approval of the development plan we can't get to the development plan until 193 00:16:50,319 --> 00:16:57,440 we solve the problem with the grading plan because one feeds into the other so 194 00:16:55,519 --> 00:17:01,839 the letter did not come in time to advertise 195 00:16:59,639 --> 00:17:06,160 um that agenda item it came after advertising the agenda was advertised 196 00:17:04,199 --> 00:17:12,959 and published in the paper but it will be on your agenda for next 197 00:17:08,760 --> 00:17:19,760 month okay so any questions anybody has be we requested the core pardon in 198 00:17:17,000 --> 00:17:23,839 November we requested them to sample the soil and do the cord drill in November 199 00:17:21,720 --> 00:17:27,480 that is correct that has that been completed it has been completed um then 200 00:17:26,319 --> 00:17:31,160 why don't we have why don't we have a copy of it I have no idea 201 00:17:29,480 --> 00:17:36,200 I I don't know how to answer that question um I was informed by the 202 00:17:33,799 --> 00:17:39,000 geotechnical engineering firm that it was completed and a copy was provided to 203 00:17:38,240 --> 00:17:43,000 the applicant okay it just has not been 204 00:17:41,320 --> 00:17:47,559 furnished to the city so we can't move forward until we have any of this that 205 00:17:44,760 --> 00:17:53,160 is correct we we don't know what's there now so we don't know how to move forward 206 00:17:50,280 --> 00:17:58,960 and that is provided okay any other comments questions oh he has he been 207 00:17:56,960 --> 00:18:06,320 told that that he needs to provide has he been told that he needs to bring that 208 00:18:01,679 --> 00:18:10,600 multiple times U when I advised him um of this meeting and the fact that we 209 00:18:08,080 --> 00:18:14,280 couldn't wasn't advertised so we couldn't as a body make a decision we 210 00:18:12,840 --> 00:18:18,039 can't make a decision anyway if we don't have those results he has been advised 211 00:18:15,760 --> 00:18:24,080 that it needed to be provided he was advised right after I first learned that 212 00:18:20,600 --> 00:18:30,080 the cordal report was done um he was advised again 3 weeks after that okay 213 00:18:27,520 --> 00:18:35,640 advised again all right so they're aware that uh they seem to be a couple of his 214 00:18:33,120 --> 00:18:42,200 professionals seemed to be surprised that we had not received it and so we 215 00:18:39,440 --> 00:18:47,400 had a request from his civil engineer not not the Geotech engineer the civil 216 00:18:44,400 --> 00:18:51,760 engineer that did plan set and his question was have you received it no we 217 00:18:49,200 --> 00:18:59,120 have not so until we get that at this point we can't take okay all right that 218 00:18:56,159 --> 00:19:03,840 ends that discussion okay um new business recommendations by the 219 00:19:00,919 --> 00:19:09,520 town of Kingston Springs City commission requested rezone for the property 220 00:19:05,720 --> 00:19:15,159 located at 795 South harpi road map 100 parcel 00 221 00:19:12,360 --> 00:19:19,559 011.0 from agricultural District to R1 low density residential district for the 222 00:19:17,200 --> 00:19:26,559 purpose of subdividing the property property located in FEMA nfip X 223 00:19:24,000 --> 00:19:32,080 zone so I'm going to lay the framework for this request in your packet you have 224 00:19:28,760 --> 00:19:35,159 an application from the county um and for the new members I'm going to have to 225 00:19:33,640 --> 00:19:40,840 walk you through this briefly during the original growth 226 00:19:37,720 --> 00:19:44,720 planning process that occurred in 1999 through 227 00:19:41,760 --> 00:19:49,600 2000 Kingston Springs and chetam County entered into an agreement that if a 228 00:19:47,320 --> 00:19:55,159 property lay within the growth boundary of the town of Kingston Springs you 229 00:19:52,080 --> 00:20:00,679 would become the recommending body to the chetam County Commission on resoning 230 00:19:58,039 --> 00:20:05,919 questions in that circumstance we are required by the contractual agreement 231 00:20:03,440 --> 00:20:11,159 approved by the state to use their zoning 232 00:20:07,640 --> 00:20:16,919 ORD if the property is then approved for resoning and a subdivision request is 233 00:20:14,000 --> 00:20:22,799 then made it comes back to this Planning Commission and we have to use our 234 00:20:19,880 --> 00:20:27,799 subdivision regulations in order to vet the subdivision proposal so for those of 235 00:20:26,159 --> 00:20:33,480 you that are somewhat familiar with this if you reach back a couple of years it 236 00:20:30,640 --> 00:20:38,080 creates complications for us because in the county they allow things to be 237 00:20:36,039 --> 00:20:44,240 developed U I'll give you an example flood areas they allow you to construct 238 00:20:40,520 --> 00:20:48,880 in a flood are we do not so sometimes those two documents their zoning 239 00:20:46,159 --> 00:20:54,600 ordinance and our separat don't need in the m so that was one complication the 240 00:20:52,480 --> 00:20:58,640 other is we had within our growth plan to Ranch 241 00:20:55,760 --> 00:21:04,840 ads we were visiting a hardship on this people the subdivision was done a really 242 00:21:00,919 --> 00:21:09,960 long time ago build out there are multiple houses multiple lots a very 243 00:21:07,400 --> 00:21:15,480 large subdivision and then after it was built out the county assigned an E1 3 244 00:21:12,760 --> 00:21:21,360 Acre minimum zoning overl the lots are built out so if they 245 00:21:18,600 --> 00:21:26,640 wanted a shed a pool they had to come to us for a recommendation to reone to an 246 00:21:24,559 --> 00:21:32,919 area that would allow it sort of put a burden on people and in the process in 247 00:21:30,360 --> 00:21:38,600 this particular case this is relatively undeveloped 248 00:21:34,480 --> 00:21:44,240 land currently has one residence on it the land that's being considered here 249 00:21:41,559 --> 00:21:48,840 tonight the proposal is to have a relatively small lot and a slightly 250 00:21:46,080 --> 00:21:54,159 larger lot the chetam county regulations for agriculture we do not have a purely 251 00:21:51,640 --> 00:22:00,799 agricultural Zone in the city we're Urban but in the county you have to have 252 00:21:57,080 --> 00:22:07,760 an a 4 acre minimum if you have public water in an agricultural zone 5 acre 253 00:22:04,720 --> 00:22:12,600 minimum if you don't have public water and the the original goal of that is if 254 00:22:10,000 --> 00:22:17,480 you have a well if you don't have public water you have a well was to separate 255 00:22:14,960 --> 00:22:22,600 the septic system take into account topography and other issues water table 256 00:22:20,400 --> 00:22:27,640 from uh your septic system being separated from your water source so um 257 00:22:26,039 --> 00:22:32,600 that rule is in place the county recently updated their zoning ordinance 258 00:22:29,880 --> 00:22:37,640 they don't have a specific lot requirement in anything other size 259 00:22:35,320 --> 00:22:43,200 requirement in anything other than agricultural so now they kind of look at 260 00:22:40,200 --> 00:22:50,360 it on a caseby casee submission to determine whether the lot is adequate so 261 00:22:45,840 --> 00:22:54,039 that's the basics of that the request um I have a couple of observations they're 262 00:22:52,080 --> 00:23:00,200 requesting to reone the entire 263 00:22:56,679 --> 00:23:04,000 parcel my concern is we have three lots that are proposed and you can see them 264 00:23:01,760 --> 00:23:09,960 on the map here and then behind that is a Subdivision plat and I'm sure that the 265 00:23:06,679 --> 00:23:15,000 drafter is here and the owner is here so they can better answer these questions 266 00:23:11,960 --> 00:23:19,000 but I have in front of you it's kind of hard to see John can we put that up on 267 00:23:17,159 --> 00:23:23,720 the screen we can't okay we can't put it on the screen so you have the lot next 268 00:23:21,400 --> 00:23:28,960 to the road and then you have two more lots and there's a space in between 269 00:23:26,559 --> 00:23:33,080 adjacent to this property lies The Golf Club of 270 00:23:29,919 --> 00:23:38,200 BBI U just for informational purposes nothing within this the smaller Creek is 271 00:23:35,159 --> 00:23:42,720 not at a mat blood area that came about during the last time your mats were 272 00:23:39,840 --> 00:23:47,799 updated in 2016 and adopted in 2018 so the request my reservation and 273 00:23:46,279 --> 00:23:52,159 my recommendation to the Planning Commission because we don't know what 274 00:23:49,520 --> 00:24:01,600 the purpose is for the rest of the vacant land which is I 275 00:23:56,600 --> 00:24:01,600 believe the whole track is 19.21% 276 00:24:28,480 --> 00:24:34,880 faith that that's why most of the residents have joined us tonight and 277 00:24:32,760 --> 00:24:41,799 everybody will be given a time to respond Mr Su so again the last email 278 00:24:39,279 --> 00:24:47,480 that I got was a request to rezone recommend we don't rezone we're 279 00:24:44,880 --> 00:24:52,360 just recommending to the county the entire parcel so if Mr Summers has 280 00:24:50,120 --> 00:24:57,520 information that's different from that we'll be happy to hear 281 00:24:54,039 --> 00:25:02,440 it so that's yes please how many minutes do I get right there 282 00:24:59,640 --> 00:25:07,320 how many minutes do I get two and a half uh Just for information purposes and 283 00:25:05,279 --> 00:25:11,720 help me I'm not trying to rezone the whole place I'm I'm sorry Mr Su you're 284 00:25:09,880 --> 00:25:16,880 going to have to the application that was filed indicates that they okay well 285 00:25:14,600 --> 00:25:21,440 that was incorrect and well so you're the let's clarify you're the owner of 286 00:25:19,360 --> 00:25:24,720 the property sir yes I I am Scott Summers and I'm glad to be here in a 287 00:25:22,960 --> 00:25:29,039 less contentious manner I haven't met you yet but thank you I'm H DBI and our 288 00:25:27,600 --> 00:25:34,240 like but anyway I love them right but anyway um 289 00:25:32,080 --> 00:25:39,279 Mr Summers you'll have to address them her commission instead of the audience 290 00:25:37,279 --> 00:25:44,720 help me here I didn't all I was trying to do was get zoning 291 00:25:41,840 --> 00:25:51,039 almost three correct I want to keep that in a green belt that's why we kept it at 292 00:25:46,640 --> 00:25:57,360 15 Acres excellent okay in my long-term goal this is all okay let me just start 293 00:25:54,399 --> 00:26:03,080 here uh this is all about a family here okay I'm trying to create a family 294 00:25:58,880 --> 00:26:07,960 compound okay I have a myself my son and my daughter my son's here uh my 295 00:26:05,799 --> 00:26:11,760 neighbors uh and I want to thank my neighbors those of you who did call me 296 00:26:10,240 --> 00:26:17,080 this was a great time to catch up with the neighbors okay so for or against it 297 00:26:14,679 --> 00:26:24,080 was good talking to you but uh I'm just trying to create three spots 298 00:26:21,039 --> 00:26:28,080 along that road there U and that's that's the only request that you have to 299 00:26:25,760 --> 00:26:33,440 be changed from agricultural to R1 of those three that is and that little 300 00:26:31,120 --> 00:26:36,919 point 4 Acres that I want I don't care what it is yeah it can be out coach I 301 00:26:35,120 --> 00:26:40,720 just want DBI to buy it it's it's useless to me 302 00:26:38,279 --> 00:26:45,960 anymore and I just wanted to Plat on it if they would be kind enough to buy it 303 00:26:42,480 --> 00:26:52,760 it's worthless to me anymore um but the three lots uh I have son and a daughter 304 00:26:49,480 --> 00:26:57,080 the two acre lots for my son Judy's here she would be the neighbor to that uh 305 00:26:55,080 --> 00:27:01,159 I've talked to Salem and they would love Mike would be their neighbor the other 306 00:26:58,520 --> 00:27:04,320 one's for my daughter uh they will share that driveway that's what that two 307 00:27:03,080 --> 00:27:09,720 pieces is uh the third piece I want to create a 308 00:27:07,360 --> 00:27:14,720 piece for me to die in okay I want to build a little cottage there I just 309 00:27:11,840 --> 00:27:20,799 buried my father my mom probably get well it's he was 102 okay and he lived 310 00:27:19,039 --> 00:27:24,720 until the last four days of his life other than he had a helper taking care 311 00:27:22,320 --> 00:27:28,600 of him and and a wife and I mean that's what I seek okay I don't want to live in 312 00:27:26,320 --> 00:27:33,520 an old folks home my moms in an Alzheimer Center I 313 00:27:30,880 --> 00:27:37,200 pay unbelievable 100 Grand a year for her to be there I I can build a house 314 00:27:35,799 --> 00:27:41,960 for that and I want to build it accessible for me and a wheelchair and a 315 00:27:39,440 --> 00:27:47,360 bed and an extra bedroom for an attendant to live and take care of me a 316 00:27:45,039 --> 00:27:50,720 nurse whatever you want to call it so so to simplify what we were looking at 317 00:27:49,159 --> 00:27:54,760 we're simply what we're looking at is those three those three lots are all 318 00:27:52,480 --> 00:28:00,679 you're requesting that's correct that's what I'm goinging 15.2 at all none n 319 00:27:58,919 --> 00:28:05,320 that's great I appreciate your clarification understand that yeah and 320 00:28:02,840 --> 00:28:09,600 and it's not for me to sell I I'm I want to put that 15 acres in a family trust 321 00:28:07,320 --> 00:28:13,000 that can never be sold okay uh I'm probably the senior other am I the 322 00:28:11,440 --> 00:28:20,120 senior citizen in the valley who's the oldest one you or 323 00:28:15,399 --> 00:28:20,120 me Jasper that's 324 00:28:21,120 --> 00:28:30,760 right but anyway I just I'm not here to and you did actually get more than three 325 00:28:26,919 --> 00:28:36,519 minutes oh am I done okay um there's no limit on this 326 00:28:33,679 --> 00:28:42,080 I but thank you and y' do y'all have any questions about 327 00:28:37,720 --> 00:28:47,799 it I had no idea i' stir up this much uh controversy 328 00:28:43,559 --> 00:28:52,320 on no that's makes it very simple it was submitted from your representatives 329 00:28:50,600 --> 00:28:58,519 that's correct and and and that's just miscommunication with us they want the 330 00:28:54,480 --> 00:29:05,519 whole thing res so for the purposes of tonight's meeting in consideration we're 331 00:29:01,679 --> 00:29:12,080 going to have to resubmit get his no not resubmit okay um because it's not on the 332 00:29:08,640 --> 00:29:17,919 plat that way it's just in the application and the discussion that went 333 00:29:14,399 --> 00:29:23,919 back into between your folks and the county so we'll have to get his 334 00:29:21,720 --> 00:29:30,480 consent or he is going to have to resubmit we'll have to get his consent 335 00:29:26,600 --> 00:29:36,399 to only consider the three Lots now and that's correct that is all I'm 336 00:29:32,519 --> 00:29:40,760 seeking consent do we just ask do do we have your consent you have my consent 337 00:29:38,600 --> 00:29:44,919 that's all I'm seeking do these three lots exist at the moment or is is this 338 00:29:42,880 --> 00:29:49,159 all a concept or or do these three lots exist at the moment it's a concept it's 339 00:29:46,720 --> 00:29:53,919 a concept so so these three lots have to exist first right they don't exist right 340 00:29:52,000 --> 00:29:57,600 now well it's a double-edged sword and they they've got the perk first and 341 00:29:55,399 --> 00:30:01,399 that's going to be the next situation they may not not even per and I may not 342 00:29:59,399 --> 00:30:06,000 this way issue I think that the thing that we consider is not not just intent 343 00:30:03,640 --> 00:30:10,480 but capability you know and what what we're doing what it provides the 344 00:30:08,279 --> 00:30:13,840 opportunity to do so just make sure we're doing this exactly how we need to 345 00:30:12,279 --> 00:30:17,000 do it because I I do understand that these things need to be subdivided and 346 00:30:15,399 --> 00:30:20,440 things of that nature before that can be considered that's correct this this is 347 00:30:19,120 --> 00:30:24,000 just all we are doing here is making a recommendation we making a 348 00:30:21,360 --> 00:30:29,840 recommendation the county for the resoning from agriculture through for 349 00:30:26,200 --> 00:30:34,679 these specific areas right and you agree to that 100% I agree 350 00:30:33,159 --> 00:30:38,159 all right that's what we need thank you thank you the other thing for the 351 00:30:36,080 --> 00:30:44,000 Planning Commission to consider as we've discussed in resoning within the city 352 00:30:41,799 --> 00:30:50,600 once you rezoned to R1 within this agricultural area which 353 00:30:47,039 --> 00:30:54,799 the county does really frequently it started out because people when they 354 00:30:53,080 --> 00:30:58,600 borrowed money from the Farm Credit Service or got a mortgage they didn't 355 00:30:56,519 --> 00:31:04,600 want to mortgage their house along the farm so they would ask to 356 00:31:01,919 --> 00:31:09,120 subdivide that one acre out with house on it so that it didn't become a part or 357 00:31:07,440 --> 00:31:14,120 they didn't want to mortgage the farm in order to build the house that's where it 358 00:31:11,240 --> 00:31:18,919 generated but there are literally hundreds of these in the county now 359 00:31:17,279 --> 00:31:24,120 probably thousands of these where you'll see these little one acre spots in the 360 00:31:20,960 --> 00:31:30,559 middle of a sea of agricultural land but it does open up an area that is now 361 00:31:27,240 --> 00:31:33,799 purely agricultural to that but for the purposes that he States and you're going 362 00:31:32,200 --> 00:31:38,679 to put this in a conservation the 363 00:31:36,639 --> 00:31:43,159 ran it's yeah it's going to stay in the green belt it's in right now do that you 364 00:31:40,799 --> 00:31:47,639 can do that put it in the green belt Mr it's in the green probably help you out 365 00:31:45,440 --> 00:31:51,919 with it no it's in a green belt now I'll have to pay currently is in Green Belt 366 00:31:49,799 --> 00:31:55,960 it currently is right now have you contacted the property assessor to 367 00:31:53,559 --> 00:32:01,840 determine what you have to do next when you take these out oh yeah you got to 368 00:31:57,639 --> 00:32:06,960 pay back taxes on yeah uh well you still have 15 Acres 15 acres is the minimum 369 00:32:04,600 --> 00:32:10,679 that's correct that is correct so he has 15 remaining Acres that will remain in 370 00:32:09,080 --> 00:32:15,559 but these three have to be removed and reclassified for taxation purposes 371 00:32:12,880 --> 00:32:20,559 correct that's correct yeah yeah and I'll owe everybody some 372 00:32:17,720 --> 00:32:26,399 money you you said you said you wanted to serve this 373 00:32:23,000 --> 00:32:32,360 with just one road the two pieces the one and the two two that's just one 374 00:32:29,000 --> 00:32:37,360 driveway okay the county has some peculiar oh and I've talked to Robert 375 00:32:34,399 --> 00:32:41,760 about with how they do private well and just so you know they're the county is 376 00:32:39,600 --> 00:32:46,279 coming in and taking that bridge out once we get all these other Bridges 377 00:32:43,440 --> 00:32:49,760 fixed uh that one's coming up perect and it Road's going to be straight and 378 00:32:48,320 --> 00:32:54,440 Robert's aware that I want to put a driveway there cuz you got to get enough 379 00:32:52,799 --> 00:32:59,480 line of sight there but that curve is going to be gone too so that's what say 380 00:32:56,919 --> 00:33:03,279 I'm just adding One Drive driveway to the to the again we appreciate your 381 00:33:01,760 --> 00:33:08,159 clarification when you're ready to subdivide if this is approved by them 382 00:33:06,200 --> 00:33:12,639 you will have to come back to this body to subdivide not the county that's 383 00:33:10,799 --> 00:33:17,840 correct every everything is I understand that come back to here decision I've 384 00:33:15,679 --> 00:33:21,760 learned a lot in this process we need to make a we need to 385 00:33:20,720 --> 00:33:26,360 make a motion he would like to speak he would 386 00:33:24,799 --> 00:33:31,120 like to speak I use Podium go get them 387 00:33:31,600 --> 00:33:39,559 than okay this this this all sounds really good and Scott is your name my 388 00:33:37,000 --> 00:33:43,840 name is Bill Rogers 1660 South offer Road thank you that's my wife you get 389 00:33:41,639 --> 00:33:50,360 you guys in a marriage you know corrected so uh uh you know Scott's 390 00:33:47,440 --> 00:33:53,799 making this sound like a family deal uh and I'm sure it 391 00:33:51,559 --> 00:34:00,399 is but the neighbors are very concerned about 392 00:33:56,240 --> 00:34:06,200 setting a president here in our area from the city limits of Kingston Springs 393 00:34:03,080 --> 00:34:09,839 to Davidson County Line there are 27 Property 394 00:34:07,280 --> 00:34:14,679 Owners there are approximately 25 property owners in web Bridge Road and 395 00:34:11,760 --> 00:34:19,599 Forest Road there are another eight property owners in Anderson Road this is 396 00:34:16,639 --> 00:34:25,399 the area that our neighborhood association is concerned with and and we 397 00:34:22,879 --> 00:34:30,200 try to keep each other involved in this so it's not a lot of people and not a 398 00:34:27,919 --> 00:34:34,800 lot of property in that particular area there is not one piece of property in 399 00:34:33,159 --> 00:34:40,800 all of that that is one acre 400 00:34:38,119 --> 00:34:44,280 except down right on the city limits of Mr Kell Moore's property he no longer 401 00:34:42,960 --> 00:34:51,560 owns it I don't think he's in the process of selling it back in 2021 he 402 00:34:47,839 --> 00:34:57,400 had it rezoned he had a 5 acre track he had one acre broken off of that and 403 00:34:54,240 --> 00:35:02,640 reson well if yall will remember 2021 we were right in the middle of we couldn't 404 00:34:59,359 --> 00:35:06,440 uh uh I had to go online and streaming with the county to to gripe it about 405 00:35:04,800 --> 00:35:13,680 things and that was really hard for me to do it on online but uh we were in the 406 00:35:10,760 --> 00:35:19,760 middle of Co we were in the middle of rezoning for the golf 407 00:35:16,359 --> 00:35:28,119 course uh we were in uh the the bridge closing down which we fought for 3 years 408 00:35:24,839 --> 00:35:33,359 the Brush Creek Bridge we had no access down the road at all when in other words 409 00:35:30,359 --> 00:35:39,359 what I'm trying to say is that one acre was snuck through there I'm not saying 410 00:35:37,040 --> 00:35:47,320 intentionally but nobody knew that it was happening so we can't use that one 411 00:35:42,400 --> 00:35:51,000 acre as a precedent for our Valley which I know Scott would like to use that he 412 00:35:49,680 --> 00:35:57,160 said well listen we got it right down the road one acre I'm I'm just saying we 413 00:35:53,839 --> 00:36:05,000 it can't be a president but if we agree agree to this these two 1 acre tracks a 414 00:36:00,720 --> 00:36:07,760 driveway and a 2.59 acre track over here which is going to a lot of that's going 415 00:36:06,520 --> 00:36:12,920 to be gone cuz it's going to straighten the road 416 00:36:08,800 --> 00:36:18,079 out we're setting a president for our area right now forever I've been there 417 00:36:16,960 --> 00:36:25,160 since the mid 70s 5 acres has been the prence there's 418 00:36:23,000 --> 00:36:31,760 a lot of people here tonight that live on the 5 Acres that Mr Whitfield 419 00:36:27,760 --> 00:36:37,520 separated 50 something years ago and up on Forest Neil 420 00:36:34,200 --> 00:36:48,079 Carter 5 acre tracks all through there so we're a 5 acre precedent set Valley 421 00:36:41,640 --> 00:36:55,680 not one acre I cannot envision our Valley with 150 1 acre tracks with a 422 00:36:52,880 --> 00:37:01,400 trailer or a house on it I just can't Envision that at all it would destroy 423 00:36:58,280 --> 00:37:08,800 our area we're an agricultural area I farm most of everybody here is horses 424 00:37:06,400 --> 00:37:14,560 cows chickens something nobody lives on a one acre 425 00:37:11,599 --> 00:37:21,800 track the one that that was reone nobody lives on it and uh uh it has been sold 426 00:37:17,720 --> 00:37:26,520 and I'm sure that it won't uh uh the people that are buying are not build a 427 00:37:23,359 --> 00:37:34,079 house on it um I just 428 00:37:29,440 --> 00:37:38,720 employ just begged y'all to not agree to this one acre division right here it 429 00:37:36,680 --> 00:37:44,720 looks to me like if Scott wants to have a family commune there which we have 430 00:37:41,599 --> 00:37:49,920 family communes in in our area it can be done so many other different directions 431 00:37:47,359 --> 00:37:54,520 than putting one acre tracks on road frontages now if he wants to put 432 00:37:51,920 --> 00:37:59,079 someplace to bury it's bless his heart I'm sure it's Scott a way outlive me he 433 00:37:57,040 --> 00:38:02,800 can go back and put a 1acre track up on the hill he's got a beautiful spot he 434 00:38:01,079 --> 00:38:11,359 overlooks the river right there it's a be gorgeous Place why 1acre Track Road 435 00:38:07,160 --> 00:38:17,160 Frontage I can only suppose that it's a nice place to sell someday and put a 436 00:38:15,079 --> 00:38:21,520 little house or a little trailer on there's a lot of people here and I'm 437 00:38:20,040 --> 00:38:27,880 sure a lot of them would like to say something but in order to cut 438 00:38:24,960 --> 00:38:34,119 time I would suggest maybe that we have a raise of 439 00:38:31,359 --> 00:38:38,500 hands of people that are against this and for 440 00:38:36,280 --> 00:38:44,510 it in the [Music] 441 00:38:46,800 --> 00:38:53,640 group I don't know what our pres is on that I said I don't know what our 442 00:38:51,680 --> 00:39:00,240 president hand raised I mean if if I like to speak that 443 00:38:59,119 --> 00:39:05,240 yeah I know there are other people want to speak but I know there are people 444 00:39:02,760 --> 00:39:10,920 here there's a lot of people in this group that are against this sure and 445 00:39:08,400 --> 00:39:15,480 there's a lot of them that don't want to say anything all right yeah we we can go 446 00:39:12,760 --> 00:39:20,040 ahead and do the show of hands for those people that live in this area and have 447 00:39:18,359 --> 00:39:26,160 the 5 acre tracks okay or more I would I would 448 00:39:23,960 --> 00:39:33,160 suggest since since we're talking about this uh reason zoning to R1 that we have 449 00:39:30,480 --> 00:39:38,119 a show of hands of people that are for the resoning of R1 or against the Reon 450 00:39:35,920 --> 00:39:42,440 or one what else I mean that's what we're 451 00:39:40,280 --> 00:39:47,040 that's what we're talking about what else would you like us to do I'm sorry 452 00:39:45,440 --> 00:39:51,960 well I that's just a suggestion it looks to me like we we need to sort of stay on 453 00:39:50,280 --> 00:39:56,359 more than happy if anyone wants to speak to this please feel free to come up and 454 00:39:53,760 --> 00:40:02,000 speak to it I I don't think that we would have necessarily a democratic vote 455 00:39:58,599 --> 00:40:07,240 here per se given the people that are here supporting you and your joy in 456 00:40:03,599 --> 00:40:10,960 being able to re meet with folks so uh if anyone else wishes to speak please 457 00:40:08,920 --> 00:40:17,119 speak now thank you for I believe one one more thing please I believe that if 458 00:40:13,760 --> 00:40:23,880 and I've been to aund of these meetings there is that this has been done before 459 00:40:20,079 --> 00:40:27,000 of showing hands but anyway that's thank you much problem with that thank you sir 460 00:40:25,839 --> 00:40:31,480 if someone else would like to speak please come up give us your name address 461 00:40:29,440 --> 00:40:36,520 y my name is Amy lyson I'm at 192 Sugar Hill Lane just off the Forest Drive so 462 00:40:33,400 --> 00:40:40,560 very similar area sure um I Echo Bill Rogers 463 00:40:38,119 --> 00:40:44,680 1,00% um it sets a precedence for other land owners to do the same thing which 464 00:40:42,359 --> 00:40:49,880 we don't want in our Valley so I am against the resoning sure my two cents 465 00:40:47,920 --> 00:40:54,599 great thank you I appreciate that anyone else wish to speak I do sure 466 00:40:57,599 --> 00:41:05,520 my name is Todd Morton I live up on webridge road and U this kind of a 467 00:41:02,359 --> 00:41:12,160 double-edged sword right here cuz if you approve his I've got land on both sides 468 00:41:08,359 --> 00:41:17,280 of webridge Road and I've got 23 Acres total I'll be glad to cut mine up and 469 00:41:14,520 --> 00:41:21,000 sell off lots and develop the heck out of if his goes through I going to do the 470 00:41:20,200 --> 00:41:27,359 same thing that's your privilege thank you 471 00:41:23,000 --> 00:41:29,720 sir anyone else wish to speak I'm so 472 00:41:29,920 --> 00:41:37,680 sorry hello my name is Christiana Harding my husband David and I live on 473 00:41:34,240 --> 00:41:44,599 for stride we moved to this community specifically because of the regulations 474 00:41:41,079 --> 00:41:51,400 and Zoning that was in fact intact I moved to Spring Hill in '94 when it was 475 00:41:47,680 --> 00:41:56,240 a stop sign one farmer sold a track to land there was not protections built in 476 00:41:54,800 --> 00:42:01,240 that next parcel Farm track did not want to live 477 00:41:59,000 --> 00:42:06,359 next to a neighborhood they sold someone else died oh let's make some money and 478 00:42:04,079 --> 00:42:10,359 we all know what Spring Hill is today and the lack of structure that the city 479 00:42:08,880 --> 00:42:14,359 you know is really struggling to keep up with the traffic it's completely changed 480 00:42:12,079 --> 00:42:17,920 the landscape of things because there was not this 481 00:42:15,440 --> 00:42:24,520 foresight we all know what a beautiful area this is everybody wants to be here 482 00:42:20,920 --> 00:42:31,839 after Co everyone really wants to be here the land value has escalated 483 00:42:28,440 --> 00:42:37,559 exponentially and we all moved here most of us moved here I would say I 484 00:42:33,559 --> 00:42:42,760 specifically chose our seven and some change acreage because we looked what 485 00:42:39,960 --> 00:42:48,440 are the setbacks there are minimums that are on the properties it has to be x 486 00:42:45,720 --> 00:42:53,880 amount of a square footage home has 100 foot setbacks no trailers are allowed we 487 00:42:51,559 --> 00:42:58,079 specifically purchased these land our land because of the 488 00:42:55,880 --> 00:43:01,839 protections want to say this is where we want to die Scott and I want to know 489 00:43:00,400 --> 00:43:06,720 what it's going to look like I don't want to see a strip mall down for me the 490 00:43:04,079 --> 00:43:10,200 last place I lived strip mall right down the street I don't I don't want to see 491 00:43:08,720 --> 00:43:15,440 that I want to know all the neighbors around me I want to know that we are 492 00:43:12,480 --> 00:43:20,240 invested in this community and if we sell our land we are going to be 493 00:43:17,760 --> 00:43:25,599 respectful to the neighbors next to us it's not about can we get away with it 494 00:43:22,920 --> 00:43:29,480 are we going to be respectful to our neighbors to our community 495 00:43:27,720 --> 00:43:33,760 to the land that serves us are we going to serve the land are we going to make 496 00:43:31,200 --> 00:43:39,040 the fast buck so I hope that we as a community bond together do the right 497 00:43:37,119 --> 00:43:43,440 thing don't just look at that bottom dollar look at what does this look like 498 00:43:41,520 --> 00:43:47,800 for our neighbors our scenery and how are we protecting this for ourselves and 499 00:43:45,839 --> 00:43:52,880 for our children and our environment for our farmers and those who would like to 500 00:43:49,440 --> 00:43:56,480 farm and keep agricultural I completely understand the compound the family 501 00:43:54,400 --> 00:44:01,559 compound it's such a sweet thing we all know of a family compound that didn't 502 00:43:59,240 --> 00:44:06,280 work out very well and the family hates each other and it's a zoning nightmare 503 00:44:04,359 --> 00:44:10,960 they can't sell the properties or the houses because they have locked 504 00:44:08,440 --> 00:44:14,800 themselves in so it's a pipe dream I'm sure your family will hold together more 505 00:44:12,720 --> 00:44:21,079 tightly but um you can use that as a 506 00:44:18,520 --> 00:44:26,599 motivator um you really have to look at the long-term implications and the 507 00:44:23,400 --> 00:44:29,760 precedent I have Acres acreages all around me 508 00:44:28,160 --> 00:44:34,280 and I know that if somebody moved the next person would come in subdivide it 509 00:44:32,200 --> 00:44:38,599 put a trailer I know a neighbor here wants to put do this and do that and 510 00:44:36,559 --> 00:44:43,319 it's just such a slippery slope so I hope that we're all mindful this is our 511 00:44:40,520 --> 00:44:48,040 community once you give you cannot take it back so really be careful think 512 00:44:46,119 --> 00:44:52,480 thoughtfully about what we're doing but most importantly don't do what's right 513 00:44:50,240 --> 00:44:57,079 for just you do what's right for this community and for your neighbors and 514 00:44:54,359 --> 00:45:00,150 that's what being part of this community is about we have to we have to look out 515 00:44:59,000 --> 00:45:05,480 for each other thank you [Music] 516 00:45:02,520 --> 00:45:12,599 good hello everyone my name is Evelyn Rogers and my husband bill and I oh I 517 00:45:09,280 --> 00:45:16,079 live at we live at 1660 South harth Road and a lot of you probably know where we 518 00:45:13,920 --> 00:45:21,200 live CU we have the beled galloways black and white cows there and uh we 519 00:45:18,640 --> 00:45:27,440 bought our farm much to my dismay cuz we were so poor and everything in 520 00:45:23,640 --> 00:45:32,480 1978 and uh we um moved moved out here 15 years ago I know a little bit about 521 00:45:29,920 --> 00:45:37,359 real estate because I sold residential real estate uh in and around uh the 522 00:45:35,200 --> 00:45:42,240 surrounding Nashville counties for 35 years and uh I actually have sold quite 523 00:45:39,760 --> 00:45:48,000 a few Parcels along South harth Road to some of the people that are here tonight 524 00:45:44,920 --> 00:45:51,880 bill and I have about 70 Acres one of the reasons we enjoy living here is the 525 00:45:50,480 --> 00:45:59,240 character of the neighborhood and the lot size and I'm crazy about Scott and 526 00:45:56,359 --> 00:46:04,160 Michael and all but if their Scott's request is granted I fear we can be in 527 00:46:01,440 --> 00:46:09,119 for a change and I'm opposed to Scott summers's request to rezone his property 528 00:46:07,119 --> 00:46:12,760 because it violates our agricultural zoning 529 00:46:10,839 --> 00:46:16,800 designation um we're supposed to have five acres we know all that we've talked 530 00:46:14,480 --> 00:46:22,520 about this tonight um if you have four acres you can do four acres if you have 531 00:46:18,839 --> 00:46:27,440 City water but four ACR like he has a 20 he has 20 acres he could say may have 532 00:46:25,319 --> 00:46:34,960 four maybe uh um or five um 20 four five four or five 533 00:46:31,520 --> 00:46:42,079 acre lots if you wanted to and anyway but all up and down South harpi Road uh 534 00:46:37,800 --> 00:46:45,599 except for the um Betsy scalin um lot that was subdivided at 601 South 535 00:46:43,760 --> 00:46:50,520 harborth Road in April of 2021 536 00:46:47,319 --> 00:46:53,680 um they're they're all four or five acres yes ma'am do you have do you have 537 00:46:52,079 --> 00:46:58,200 any additional information that we have not yet heard that you'd like to share 538 00:46:55,040 --> 00:46:58,200 with us 539 00:46:59,760 --> 00:47:07,119 I do apprciate comments I do want to say had several I do want to say this 540 00:47:04,559 --> 00:47:10,480 property owners have significant rights but the rights are not absolute and as 541 00:47:08,960 --> 00:47:15,200 Christiana said what they have to consider the rights of the neighborhood 542 00:47:13,040 --> 00:47:20,240 and I think this zoning change should be denied thank you thank you appreciate 543 00:47:17,400 --> 00:47:24,319 your comments anyone else wish to speak I don't know that I have much more 544 00:47:22,400 --> 00:47:28,480 to offer other than my family moved to Kingston Springs about 5 and A2 years 545 00:47:26,920 --> 00:47:33,599 years ago because we wanted to be in the country and we chose our lot because it 546 00:47:30,640 --> 00:47:37,960 was deeded at 5 1/2 acres and there were um deed restrictions in the area that we 547 00:47:36,160 --> 00:47:42,119 bought I'm at 180 Sugar Hill Lane just off of Forest Drive uh we have been 548 00:47:40,079 --> 00:47:44,960 dealing with bridge closures as been mentioned and I wouldn't begin to tell 549 00:47:43,559 --> 00:47:51,760 Scott what to do with this property other than there are um zoning plots 550 00:47:48,839 --> 00:47:57,319 already in place um the bridge at Brush Creek has been closed on us um landowner 551 00:47:54,920 --> 00:48:00,880 bought it hadn't been up kept up and Williamson County decided to adopt that 552 00:47:59,760 --> 00:48:05,359 bridge and it's going to be great when it's done but my fear is the same as the 553 00:48:03,240 --> 00:48:09,720 others who have spoken we're on 5 Acres we're raising a family there we love the 554 00:48:07,240 --> 00:48:14,880 area we love the fact that it's zoned as a state uh and if if um this Genie is 555 00:48:13,119 --> 00:48:18,480 let out of the bottle on one acre lots I don't know that you could ever get it 556 00:48:15,960 --> 00:48:24,599 back in thank you for your comments do anyone else anyone else excuse me wish 557 00:48:20,640 --> 00:48:29,599 to speak I will sure if anything you can add to it sir I I agree with all these 558 00:48:27,000 --> 00:48:34,359 people here in Bill Rogers especially I um I live at 10 my name is Phil canedy I 559 00:48:31,960 --> 00:48:38,720 live at 1026 South Harford I got 33 Acres there I was born and raised on 560 00:48:36,319 --> 00:48:43,079 Charlotte Pike and I wanted to have something out here that would be mine 561 00:48:41,440 --> 00:48:46,319 and I've worked it hard and I hope I keep my place up looking good I think 562 00:48:44,680 --> 00:48:50,760 the world of Scott Summers and Michael they're fabulous sure this weekend I 563 00:48:48,960 --> 00:48:55,359 went and looked at a farm Down leapers Sport and this doctor friend of mine had 564 00:48:53,040 --> 00:49:01,960 it for sale for 3.7 he's would you give me 565 00:48:58,000 --> 00:49:05,280 two I said no he said I am hurting they rezoned him and right straight across 566 00:49:03,680 --> 00:49:10,319 the street from his driveway he's got two double wides sitting there cars 567 00:49:07,920 --> 00:49:15,119 jacked up on blocks beer cans for their selling aluminum he's I have lost I said 568 00:49:13,319 --> 00:49:20,440 tell me I don't need it don't want imp part of it sure so okay that's right it 569 00:49:18,280 --> 00:49:28,000 is a slippery slope deal yes sir we appreciate right 570 00:49:22,920 --> 00:49:28,000 sure this yes ma'am 571 00:49:31,839 --> 00:49:42,760 hello hi um my name's Georgie Rigby um and I live on PO POA Creek Road which is 572 00:49:39,359 --> 00:49:48,319 in the area um just literally near The Covered Bridge um where South Harper 573 00:49:46,319 --> 00:49:54,599 thrs past it you know on the corner there um I'm actually in one of the 574 00:49:50,880 --> 00:50:02,240 properties um which is 7 Acres um on the farm where the family fell out 575 00:49:58,240 --> 00:50:11,319 so um uh this is not personal at all to Scott um but uh we my my husband and I 576 00:50:07,880 --> 00:50:16,960 moved from England um three years ago and we moved to Franklin and we spent a 577 00:50:14,240 --> 00:50:26,799 year you know looking for the most idilic spot and it was it was almost as 578 00:50:21,960 --> 00:50:31,760 though we um we had found gold at the end of the rainbow when we drove down 579 00:50:30,200 --> 00:50:37,200 south Hoth Valley and we just thought this is for 580 00:50:34,480 --> 00:50:41,319 us I'm sure I'm sure do you have do you have any comments we I think we all 581 00:50:39,720 --> 00:50:46,280 understand that you all appreciate the athetics of where you are yeah we we 582 00:50:43,480 --> 00:50:51,520 bought it for the beauty the tranquility and the peace and I think when spots are 583 00:50:49,200 --> 00:50:58,400 divided you know plots are divided into smaller acreage um you can't stop that 584 00:50:55,680 --> 00:51:04,160 happening you know so it is a precedent and you can't stop that happening so 585 00:51:02,000 --> 00:51:08,000 that's why we're here all right you know thank you thank you we appreciate it 586 00:51:06,480 --> 00:51:11,240 anyone else have anything additional that they'd like to add to our 587 00:51:12,119 --> 00:51:15,640 conversation okay thank 588 00:51:18,000 --> 00:51:25,839 you so we've heard a lot of comments um pro and 589 00:51:22,920 --> 00:51:30,240 con I do have one question Mr chairman um How is rezoning of only a portion of 590 00:51:28,119 --> 00:51:33,760 the property allowed versus rezoning the entire property because we were going to 591 00:51:32,640 --> 00:51:39,559 be understand you had to reone the entire property versus just a 592 00:51:36,119 --> 00:51:42,960 lots I will defer to our Planner on that question I'm sorry I'm going to 593 00:51:41,079 --> 00:51:46,400 apologize to everybody out there my hearing aids are in the shop so you're 594 00:51:44,640 --> 00:51:50,160 going to have to speak up you get to yell at this is the only time here so 595 00:51:48,359 --> 00:51:54,160 they'll know who they're talking to so my firm and I we've never heard get up 596 00:51:52,480 --> 00:51:57,119 there yeah if you'll go up here it be easier John can capture you on the 597 00:51:55,880 --> 00:52:00,960 record um my name is Alan Broner I work for 598 00:51:59,200 --> 00:52:04,559 chapline associates representing Mr Summers here um we just had a few 599 00:52:03,240 --> 00:52:08,040 questions this is the first time we've dealt with Kingston Springs in cheum 600 00:52:06,079 --> 00:52:11,520 county in this manner and we've never heard of rezoning only a portion of the 601 00:52:09,720 --> 00:52:15,960 property we just wanted to know how allowing only the lots to be rezoned is 602 00:52:13,880 --> 00:52:21,000 allowed versus rezoning the entire parcel how is that allowed so that was 603 00:52:18,839 --> 00:52:26,960 the reason I apologize but that the reason for submitting it for the whole 604 00:52:22,559 --> 00:52:34,200 thing to Beed so that this is the survey that submitted the okay so so what you 605 00:52:31,400 --> 00:52:39,559 submitted versus what he has requested summ are 606 00:52:36,200 --> 00:52:42,880 not and cohesive they're not the same right if you don't well there there was 607 00:52:40,640 --> 00:52:46,960 a miscommunication between Mr Su and and we just we just my firm wanted to find 608 00:52:44,920 --> 00:52:50,599 out how that was allowed because this again this is the first time we've ever 609 00:52:48,119 --> 00:52:55,079 heard of doing it this way and would you like for me to address that I would it 610 00:52:52,319 --> 00:53:00,119 happens every day okay and it happens all over the county 611 00:52:56,960 --> 00:53:05,079 I have a couple of observations um I don't have a personal feeling about this 612 00:53:02,480 --> 00:53:09,319 one way or the other I look at the rules I look at the rags I make 613 00:53:07,240 --> 00:53:14,240 recommendations to them but there are a few things that this audience is not 614 00:53:11,760 --> 00:53:19,240 privy to or may not have ever been told the state of Tennessee is adamant 615 00:53:17,280 --> 00:53:24,720 about right farm and they have 19 separate statutes 616 00:53:23,799 --> 00:53:31,160 that regulate what we can do and how we can 617 00:53:27,640 --> 00:53:35,400 come to bear on agricultural property as an example how many of you and I'm going 618 00:53:33,240 --> 00:53:45,400 to ask for a show of hands have any of you are aware that I can own a farm well 619 00:53:40,760 --> 00:53:51,960 say my farm is 35 acres and I can build as many houses on it as I want in order 620 00:53:48,960 --> 00:53:57,720 for my workers to have housing without your consent without your control 621 00:53:54,960 --> 00:54:03,839 without your input farming in Tennessee has a very specific definition it's 15 622 00:54:01,200 --> 00:54:09,000 Acres you have to Pro you have to produce a salable crop the other thing 623 00:54:07,240 --> 00:54:12,160 that many people are not aware of because the state is doesn't do a really 624 00:54:10,640 --> 00:54:16,079 good job of letting us know when they pass new rules we just kind of find out 625 00:54:14,240 --> 00:54:20,400 ambling down the path somewhere one of the other things that a 626 00:54:18,720 --> 00:54:25,799 lot of people don't understand is you can't apply restrictions to agricultural 627 00:54:23,400 --> 00:54:30,559 land for setbacks your zoning ordinance is 628 00:54:27,480 --> 00:54:38,480 useless the state statute is a real simple five sentence statement you 629 00:54:34,359 --> 00:54:45,079 cannot apply zoning restrictions to agriculturally used property 630 00:54:42,400 --> 00:54:50,200 period so the insulation that you used to have is predicated on the pellet case 631 00:54:47,599 --> 00:54:54,480 that happened in hon County Tennessee they started with the maze so 632 00:54:52,520 --> 00:54:59,640 they could earn extra money to feed the farm you know School school children 633 00:54:56,960 --> 00:55:04,480 came and went through the corn maze they had other activities where you learned 634 00:55:01,760 --> 00:55:09,839 how about farming and how it was done which furthered the educational Outreach 635 00:55:06,799 --> 00:55:16,640 that the state adopted and then at some point in Houston hon County depends on 636 00:55:12,079 --> 00:55:21,200 who you ask like live and L and here um they decided to have music festivals to 637 00:55:19,240 --> 00:55:25,400 attract people to the farm so they could consume their Farm to Table goods and 638 00:55:23,079 --> 00:55:33,160 the other things they were doing and the neighbor next door was not a fan because 639 00:55:29,520 --> 00:55:36,480 it was loud I mean it was on stage big speaker 640 00:55:34,480 --> 00:55:40,640 music it went all the way to the Tennessee Appel at court where the Court 641 00:55:38,319 --> 00:55:45,400 ruled that music festivals were not agricultural 642 00:55:41,880 --> 00:55:49,680 activity the legislature promptly reconvened and declared that music 643 00:55:47,720 --> 00:55:53,880 festivals that attracted people to the agricultural property in order to 644 00:55:51,440 --> 00:55:59,359 partake of the view in the Vista and farming activi is now and allowed 645 00:55:57,400 --> 00:56:06,280 agricultural activity so just a little history on 646 00:56:02,960 --> 00:56:12,839 zoning and agriculture for those of you that live on farms farms in Tennessee 647 00:56:09,480 --> 00:56:19,640 require 15 Acres contiguous in order to be a farm you have to produce something 648 00:56:16,400 --> 00:56:26,359 that is commercially merchantable sailable it has to be at least 649 00:56:22,839 --> 00:56:31,799 $1,500 per year in order for you to qu qualify as a farm you can put it in the 650 00:56:28,839 --> 00:56:36,799 green belt at 15 Acres but it's not a farm unless it's a working farm so just 651 00:56:34,480 --> 00:56:41,720 so you know your state legislature anytime somebody complains they 652 00:56:38,920 --> 00:56:47,680 reconvene a new law comes out there are 19 of them the Farm Bureau puts out a 653 00:56:45,559 --> 00:56:53,960 really comprehensive list of these things so while I understand all of the 654 00:56:51,480 --> 00:56:58,920 comments about I bought it for peace and Tranquility I'm going to ask my second 655 00:56:56,520 --> 00:57:02,160 show of hands how many of you were born and raised in that 656 00:57:03,960 --> 00:57:12,720 area one two area what area K spring but it's not really Rel your homes I'm just 657 00:57:11,039 --> 00:57:18,039 asking a question no development existed at one 658 00:57:15,520 --> 00:57:22,200 point right because Native Americans occupied the land they just migrated to 659 00:57:19,720 --> 00:57:28,359 another place where they needed to move so every single structure building or 660 00:57:24,720 --> 00:57:33,400 use that occurs to today occurs because someone else came to that place so while 661 00:57:32,119 --> 00:57:38,039 I understand your IR I also understand 662 00:57:36,400 --> 00:57:42,280 it's a very difficult thing for governments local governments with all 663 00:57:39,760 --> 00:57:46,400 the restrictions the state puts on us to balance what you would like to see as 664 00:57:44,680 --> 00:57:51,280 opposed to your neighbor's property rights to do what he wants to do it's a 665 00:57:48,799 --> 00:57:56,920 really difficult thing you heard me say in the opening if you approve this 666 00:57:54,079 --> 00:58:02,760 you're setting a precedent right that president has been set in 667 00:57:59,839 --> 00:58:07,520 every subdivision in this town every subdivision in the county every time the 668 00:58:05,400 --> 00:58:12,520 county allows someone to subdivide off the one acre with their house on it so 669 00:58:09,480 --> 00:58:18,720 they don't have to mortgage the farm to build the house it happens consistently 670 00:58:15,559 --> 00:58:24,440 regularly and routinely this body as it's very complex issue in front 671 00:58:21,480 --> 00:58:29,200 of them is a recommending body I if if I were a betting person I 672 00:58:27,520 --> 00:58:33,319 would say regardless of the recommendation the county is going to do 673 00:58:31,240 --> 00:58:38,119 what it wants we are a recommending body we have no control over that Mr Summers 674 00:58:36,240 --> 00:58:43,440 has expressed on a public record that this is for the purposes of Family 675 00:58:41,240 --> 00:58:49,280 Division so that his children can live on that 676 00:58:45,880 --> 00:58:54,079 property the remaining 15 Acres remains in the green belt which is an 677 00:58:51,240 --> 00:58:59,720 agriculturally driven taxing structure in the state of Tennessee 678 00:58:57,280 --> 00:59:03,160 so if the county approves this regardless of the input of this body and 679 00:59:01,640 --> 00:59:09,200 I don't know what their input's going to be we have no control over that what 680 00:59:06,680 --> 00:59:13,440 then happens is the subdivision element the actual dividing of the Lots comes 681 00:59:11,839 --> 00:59:17,960 back to this body because they have to use our sub RADS and they're much 682 00:59:15,480 --> 00:59:22,480 stricter than the ones in the county much stricter we require much 683 00:59:20,680 --> 00:59:28,240 more because it's an urban environment with lots more people so while I 684 00:59:25,400 --> 00:59:33,000 understand the convers is taking place if Mr Summers was operating a farm 685 00:59:31,319 --> 00:59:35,720 he would be able to put 20 migrant houses on that farm if he needed to for 686 00:59:34,960 --> 00:59:41,280 his workers if you're a family member you're 687 00:59:38,400 --> 00:59:46,640 Associated you can have a house if you drive out of Springfield on your way to 688 00:59:44,599 --> 00:59:52,079 Kentucky you will see that occurring on farms all over the place so while I 689 00:59:49,720 --> 00:59:56,760 understand it you came here from another environment moved here for a particular 690 00:59:54,680 --> 01:00:02,240 lifestock and you found your piece of land that 691 00:59:59,640 --> 01:00:08,319 provided you with that lifestyle but they have to make a decision based on is 692 01:00:04,920 --> 01:00:13,720 this something that occurs in the county and it 693 01:00:10,680 --> 01:00:19,079 does I have a question pardon you said if the land 694 01:00:15,119 --> 01:00:24,680 is a farm right and that requires how many acres 15 right if then then Mr 695 01:00:23,359 --> 01:00:28,880 Summers could build any anything he wanted there 696 01:00:27,000 --> 01:00:35,839 because it would not be restricted as many houses as he would like 697 01:00:32,359 --> 01:00:39,280 therefore therefore oper Farm that's correct because he's not operating a 698 01:00:37,280 --> 01:00:45,240 farm he's not operating a farm he would have to be operating a farm turning a 699 01:00:41,119 --> 01:00:49,640 making a were so I'm not I'm not leaning one way the other I'm simply telling you 700 01:00:47,480 --> 01:00:54,799 that if someone owns 100 acres next doorer a farm and they operate a farm 701 01:00:53,039 --> 01:01:00,280 they can build as many houses on as they want the county has no control neither 702 01:00:56,760 --> 01:01:04,039 does the city the state does so I would advise you there is a farm one moment I 703 01:01:02,480 --> 01:01:09,799 I see you I'll get to you in a second okay thank you I I would advise you to 704 01:01:06,240 --> 01:01:15,640 go on the internet without my input look up the Farm Bureau list of restrictions 705 01:01:12,359 --> 01:01:18,799 on local governments on Farm property yes there was no there's 706 01:01:17,520 --> 01:01:23,119 gentleman in the back that wishes to speak yes sir stand up please we need 707 01:01:20,480 --> 01:01:28,599 your name and address my name is Gus Ro I'm 708 01:01:24,640 --> 01:01:34,839 6337 and Road my question is if you own 20 acres in ch County can you build 709 01:01:33,400 --> 01:01:40,079 threee houses you cannot unless you're farming 710 01:01:38,000 --> 01:01:45,000 unless you're farming how many houses can you build on 20 711 01:01:41,760 --> 01:01:49,599 acres unless it's reson unless it's reson you can't so you want to know I I 712 01:01:47,839 --> 01:01:54,559 don't have any idea as I said at the start of this meeting the county 713 01:01:51,559 --> 01:01:58,920 recently updated their zoning ordinance and has anybody looked at the 714 01:01:56,960 --> 01:02:04,960 County's ordinance CU I would advise you to to look at it my confusion is I heard 715 01:02:01,359 --> 01:02:09,240 a lot about five acres correct in the right 716 01:02:05,799 --> 01:02:16,000 now so if he's got 20 acres he's got 20 acres he could build 4 acre lots and he 717 01:02:13,119 --> 01:02:18,319 could build five houses today without even 718 01:02:19,000 --> 01:02:24,039 coming well that's Mr Summer's decision but we appreciate your point and 719 01:02:22,920 --> 01:02:29,880 understand it thank you yes ma'am 720 01:02:27,279 --> 01:02:29,880 you raising your 721 01:02:31,359 --> 01:02:40,680 hand what what constitutes the F so what how I'm sure there's a IRS tax basis 722 01:02:38,039 --> 01:02:48,279 what constitutes farming yeah $1,500 15 Acres yeah minut just a minute 723 01:02:45,640 --> 01:02:53,559 the state definition of agricultural activity M Mr Rogers if you'll give me 724 01:02:50,440 --> 01:03:00,400 just a second to answer I'm not saying anything 15 continuous 725 01:02:56,960 --> 01:03:03,960 Acres producing a commercial crop in other words it has to be a sellable crop 726 01:03:02,960 --> 01:03:09,000 of $1500 per year which isn't a lot but 727 01:03:07,640 --> 01:03:14,119 it's $1,500 um so that is the state 728 01:03:11,880 --> 01:03:20,079 definition a lot of people confuse green belt or green space with farming but the 729 01:03:17,720 --> 01:03:26,760 state statutes are very clear on what constitutes a farm so if you have 730 01:03:24,680 --> 01:03:31,359 multiple Acres I don't how many you have but if you have chickens and you know 731 01:03:29,240 --> 01:03:36,359 you have cows or you have you know whatever on that land you still do not 732 01:03:34,400 --> 01:03:42,880 qualify according to the state of Tennessee as a farm because you have to 733 01:03:38,960 --> 01:03:46,720 have 15 Acres or $1,500 yes sir I don't understand why we're even discussing 734 01:03:44,079 --> 01:03:53,680 this Farm he's not farming the The Proposal here 735 01:03:48,359 --> 01:03:58,760 is to reone three lots two 1 acre lots and a 2.59 acre lot understand that 736 01:03:56,799 --> 01:04:04,680 corre I don't even just I understand that Miss Armstrong is instructing us on 737 01:04:02,240 --> 01:04:09,720 us Farmers on what we could do but it's not relevant to what the decision that 738 01:04:07,559 --> 01:04:14,400 this commission has to make your decision is whether we're 739 01:04:12,680 --> 01:04:18,720 going to rezone this to R1 uh and leave the rest of it in green 740 01:04:17,079 --> 01:04:22,200 Bel which he we understand that we've also allowed many people to speak on 741 01:04:20,319 --> 01:04:27,079 many subjects and we're okay it looks like we got way off a track there I mean 742 01:04:24,240 --> 01:04:32,000 we were talking about building 50 Lots on than you for thank you for your input 743 01:04:29,720 --> 01:04:35,920 Lauren I apologize but if I may the reason that it came up is because a 744 01:04:34,079 --> 01:04:41,720 number of people stepped up and talked about owning a farm and they thought 745 01:04:38,880 --> 01:04:47,319 within that owning a farm there was some insulation that was afforded to them 746 01:04:44,799 --> 01:04:54,400 there's not what will you clarify I'm sorry Sharon sure 15 acres and getting 747 01:04:51,279 --> 01:04:59,279 $1,500 of income salable income year that is a f okay what is a green belt 748 01:04:56,799 --> 01:05:03,200 you have to have 15 greenen belt is land that is reserved that is not going to be 749 01:05:01,279 --> 01:05:08,559 used for development which provides you with a tax break because it's not being 750 01:05:06,599 --> 01:05:13,880 developed so those are not the same thing there are tons of properties that 751 01:05:11,200 --> 01:05:18,400 are in the green belt that are not Farms so while I understand Mr Rogers we have 752 01:05:16,640 --> 01:05:21,760 one issue before us today that is correct but I wanted people to 753 01:05:20,240 --> 01:05:28,079 understand that when they're saying I own a 754 01:05:23,400 --> 01:05:33,119 farm it's we also been 5 acre track 5 acre track is is there anything 755 01:05:31,200 --> 01:05:39,640 that anyone contribute that will be additional information to what we have 756 01:05:36,119 --> 01:05:44,599 already discussed yes you may so again uh Mr Summers is only producing three 757 01:05:41,960 --> 01:05:48,119 lots two 1 acre lots and one 2.5 acre lot and the rest is to remain in Green 758 01:05:46,119 --> 01:05:54,119 Belt which will be maintained as green belt that 15 acres and the property will 759 01:05:51,559 --> 01:05:58,559 stay as it stands but I would also profer Mr Summers and in that case would 760 01:05:56,599 --> 01:06:04,039 also be able to take that out of the green belt that's a voluntary submission 761 01:06:00,599 --> 01:06:10,920 in a voluntary submission out the green belt okay so you know there's no 762 01:06:07,480 --> 01:06:15,359 guarantee that property stays in a green belt I 763 01:06:12,520 --> 01:06:18,880 mean the way I see it is he can do anything he wants he's just going have 764 01:06:16,640 --> 01:06:23,160 to give that green Bel up so I mean if I want to develop that land bad enough I 765 01:06:20,920 --> 01:06:27,559 would give it up I'm sure we can all just have ideas of what what 766 01:06:27,799 --> 01:06:34,720 take and eat and be able to eat it to that is one man's opinion thank you 767 01:06:31,960 --> 01:06:39,119 thank you I appreciate it I do okay are we through with discussion does 768 01:06:37,000 --> 01:06:44,039 anybody else need to hear anything okay unless other people have a 769 01:06:41,599 --> 01:06:50,599 comment discussion now is Planning Commission only 770 01:06:46,359 --> 01:06:50,599 okay do appreciate everyone being 771 01:06:51,480 --> 01:07:01,200 here all right so if you recommend this forward is in your growth area it's in 772 01:06:58,520 --> 01:07:05,319 your Urban growth boundary so that's the first test that 773 01:07:04,119 --> 01:07:10,000 you have to have when you want to subdivide property is it in the growth 774 01:07:07,160 --> 01:07:14,160 plan this is your extraterrestrial Urban growth boundary around your city with 775 01:07:12,520 --> 01:07:19,720 the assumption that sometime with the next 5 to CH years these properties will 776 01:07:17,160 --> 01:07:24,119 probably Annex into your city it's the reason why some of the larger tracks 777 01:07:21,440 --> 01:07:30,880 were taken out when we redid it because 24 years nothing happened right so your 778 01:07:28,000 --> 01:07:35,279 second question is while you are a question please sure where is the edge 779 01:07:32,799 --> 01:07:42,559 of the urban growth boundary Urban growth boundary I'll have to get you a 780 01:07:37,119 --> 01:07:51,520 map but it's contingent to this area um a lot of this area right it did not 781 01:07:46,160 --> 01:07:57,839 change REM our growth boundary was not increased I'm sorry comment is 782 01:07:55,880 --> 01:08:03,079 yeah uh but the urban growth boundary did not increase anywhere it decreased 783 01:08:00,960 --> 01:08:08,000 we removed the ranch hats for the reason stayed earlier so it's the same Urban 784 01:08:05,480 --> 01:08:11,880 growth boundary it's been since 1999 when the maps were gone right if it's in 785 01:08:10,400 --> 01:08:17,799 your Urban growth boundary that's your first test the second test is are you 786 01:08:14,680 --> 01:08:23,440 setting a precedent in a given area that has not been previously 787 01:08:20,159 --> 01:08:28,239 set so your Urban growth boundary is not your only consideration every single 788 01:08:26,120 --> 01:08:34,199 piece of property here at some point with a 789 01:08:30,040 --> 01:08:39,560 bar right so while I understand the argument the question for you 790 01:08:36,679 --> 01:08:45,000 becomes infrastructure so your considerations are not while I have 791 01:08:43,239 --> 01:08:49,640 heartburn I move from where I used to live because of development right I 792 01:08:47,759 --> 01:08:55,000 understand that but your questions are can you support the traffic can you 793 01:08:52,440 --> 01:08:58,640 provide or can the county can the county provide sufficient infrastructure fire 794 01:08:56,960 --> 01:09:05,159 suppression policing all the other things that come with development and 795 01:09:00,719 --> 01:09:12,080 are you setting a precedent in this area so the only way can we have access 796 01:09:08,520 --> 01:09:15,359 to a map maybe nope nope okay we're just out of joh you been a big help 797 01:09:15,400 --> 01:09:26,120 today so the question for you becomes in this area where people have expressed 798 01:09:22,120 --> 01:09:26,120 displeasure with the idea 799 01:09:26,279 --> 01:09:32,600 agriculture is defined as 15 Acres or more 800 01:09:33,000 --> 01:09:41,600 contiguous for Farm use that's the state law what's the definition for the green 801 01:09:38,279 --> 01:09:48,799 belt the same the green belt can either contain um Comm harus it can contain 802 01:09:46,080 --> 01:09:53,520 agricultural property but the green belt can also be granted because you have a 803 01:09:52,040 --> 01:09:58,159 an agreement with the state that you're not going to develop that property leave 804 01:09:55,480 --> 01:10:02,560 it in natural state if you don't mind me using yours you're adjacent to a flood 805 01:10:00,960 --> 01:10:07,400 area you have flood area on your property we're a no build in the flood 806 01:10:04,600 --> 01:10:12,640 Area Community so you elected because you 807 01:10:08,320 --> 01:10:16,640 cannot really develop it to put it in and it would be inappropriate to offer 808 01:10:14,760 --> 01:10:21,360 for development because it's in a a flood area so you placed it in the green 809 01:10:19,480 --> 01:10:27,239 belt which is appropriate because you other than it's there you derive no 810 01:10:24,080 --> 01:10:32,800 useful benefit right and almost all land use litigation is based on peaceful and 811 01:10:29,840 --> 01:10:39,679 useful enjoyment of your property so if you can't use it so the people that have 812 01:10:36,520 --> 01:10:44,800 like a s and a half track 7 and A2 acre track right is that a farm in the it's 813 01:10:42,960 --> 01:10:50,800 not a farm it is in the agricultural Zone it is it is in an agricultural Zone 814 01:10:47,080 --> 01:10:56,520 because the county and this all started once growth started becoming heavy mhm 815 01:10:54,199 --> 01:11:04,960 in this area and Tennessee the discussion started taking 816 01:10:59,000 --> 01:11:10,440 place the county zones the property as agricultural even though it doesn't meet 817 01:11:07,840 --> 01:11:15,199 the state definition which evolved over a period of about 20 years but according 818 01:11:13,040 --> 01:11:19,679 to the county it is all agricultural in that area the agricultural zone so the 819 01:11:17,880 --> 01:11:24,560 minimum make is there for a house is five we have an r1a Zone if you have 820 01:11:22,360 --> 01:11:30,800 three acres you can keep horses which is what we're looking at mhm but you still 821 01:11:26,800 --> 01:11:36,040 don't qualify as a farm as agricultural activity 822 01:11:32,480 --> 01:11:39,920 okay any further discussion question no I mean I think the one point that should 823 01:11:37,440 --> 01:11:44,080 be clarified is for everyone here no matter what decision we make you're 824 01:11:42,000 --> 01:11:47,480 going to still have to go to the county that's correct the county actually makes 825 01:11:45,679 --> 01:11:51,440 the decision that's the bottom line is that the county will make that decision 826 01:11:48,960 --> 01:11:56,480 and then based on that if there's any development at all it comes back here I 827 01:11:54,639 --> 01:12:01,360 unless you got something new to add a question sure uh when it does go to 828 01:11:59,120 --> 01:12:06,760 County do they allow people to come to speak into that is that open meeting 829 01:12:05,040 --> 01:12:12,159 will the county allow people to speak into it when they when it goes to the 830 01:12:08,440 --> 01:12:18,280 county they do yes yes ma'am thank you so much okay do you have to get on the 831 01:12:14,120 --> 01:12:24,239 agenda ahead of time I'm sorry agenda you have to get on theenda ahead of time 832 01:12:20,639 --> 01:12:28,560 is what I'm asking County this will this decision whatever it go to the and they 833 01:12:26,639 --> 01:12:33,199 will have to put it on the agenda they're not real fans of public speaking 834 01:12:31,080 --> 01:12:39,040 at the county so they do require you sign up ahead of time I don't know what 835 01:12:35,960 --> 01:12:44,280 the day is um I'm still trying to abort their new zoning changes yeah okay all 836 01:12:42,639 --> 01:12:48,040 right we've had a lot of discussion again appreciate everyone being here and 837 01:12:45,800 --> 01:12:53,760 being respectful in their comments we do appreciate that very much 838 01:12:51,120 --> 01:12:58,840 so with all of that discussion do we have a motion one way or the other 839 01:12:56,520 --> 01:13:03,520 unless they have any other questions you have any other questions about 840 01:13:00,600 --> 01:13:08,960 it sounds like to me you're basically trying to get these individual Parcels 841 01:13:06,159 --> 01:13:13,560 Parcels divided out for the purposes you stated the the biggest difference is 842 01:13:11,159 --> 01:13:17,840 you're going from with the agriculture area to where you could have either a 843 01:13:14,960 --> 01:13:22,199 four or a five at a minimum so now we're looking at setting a precedence for 844 01:13:19,480 --> 01:13:27,360 being able to establish a one acre and having a one acre is what everyone is 845 01:13:24,159 --> 01:13:32,800 upset about that is correct so I'm just put all out there that summed up yeah an 846 01:13:31,120 --> 01:13:37,760 hour's worth of conversation yes okay so do we have a motion one way 847 01:13:35,480 --> 01:13:37,760 or the 848 01:13:39,159 --> 01:13:47,199 other I got one other question we make a motion so any of these properties that 849 01:13:44,040 --> 01:13:52,560 are not in the urban growth area are not subject to coming to this board anyway 850 01:13:49,480 --> 01:13:56,120 for any change right for 1acre lot so if they own property outside that they got 851 01:13:54,159 --> 01:14:01,520 to go to the county great is that correct right and then the county has to 852 01:13:58,719 --> 01:14:06,199 decide they let you divide it less than 5 acres and the County's already set of 853 01:14:03,480 --> 01:14:12,440 Precedence to do this and but we have not correct and he is at the edge of the 854 01:14:10,360 --> 01:14:17,360 city whereas for those of you that in the county it's already a precedence to 855 01:14:14,960 --> 01:14:24,280 do it nothing that we can do not in our area and we do not have within the city 856 01:14:19,920 --> 01:14:30,280 a purely agricultural Zone we have r1a we don't have agricultural GES in the 857 01:14:27,120 --> 01:14:36,080 city so totally different circumstance 858 01:14:32,679 --> 01:14:39,840 here but zoned are and we are only recommending we are only recommending 859 01:14:38,199 --> 01:14:43,199 the county is going to make the decision that the county is going to make that's 860 01:14:41,400 --> 01:14:46,159 correct at the County Commission not their Planning Commission it doesn't go 861 01:14:44,760 --> 01:14:50,840 to their Planning Commission goes directly to the County Commission so if 862 01:14:47,600 --> 01:14:54,480 we if we reject this idea today then he can't even take it to the county for oh 863 01:14:52,600 --> 01:14:59,480 no he still go to the county still has to still has to 864 01:14:57,520 --> 01:15:04,719 asking at the end of the day this is much to do about nothing okay that's 865 01:15:01,760 --> 01:15:11,239 what I'm about 99% of the cases regardless of the recommendations they 866 01:15:06,800 --> 01:15:16,320 res they do what they do just that's the reality well it seems to me it's pretty 867 01:15:13,639 --> 01:15:22,920 much the County's decision anyhow it is we're required by law to render an 868 01:15:19,840 --> 01:15:25,760 opinion so you can recommend either way and that's true of your own City 869 01:15:24,320 --> 01:15:30,400 commission if the Planning Commission makes a negative recommendation on a 870 01:15:27,480 --> 01:15:35,840 rezone oh yeah a majority of the City commissioners can overturn 871 01:15:32,120 --> 01:15:42,719 it your recommendation is so you're a recommending body 872 01:15:38,320 --> 01:15:42,719 only because the state says you have 873 01:15:44,360 --> 01:15:52,159 to I make a motion that we do not recommend 874 01:15:47,840 --> 01:15:59,080 it I I just feel that that is an agricultural area it's been that way 875 01:15:56,480 --> 01:16:05,400 um I don't I don't know whether I want to set that precedence over there I 876 01:16:02,639 --> 01:16:10,840 second Okay so we've had a motion and a second not to recommend resoning this 877 01:16:09,600 --> 01:16:15,239 area from uh agricultural to 878 01:16:15,360 --> 01:16:25,040 R1 any further discussion Among Us roll call for this one okay roll call vote 879 01:16:21,639 --> 01:16:25,040 please johnry 880 01:16:25,280 --> 01:16:27,760 Keith Al 881 01:16:28,360 --> 01:16:39,480 good I Tony Thompson is absent Tony gross yes Mike harus so what what is the 882 01:16:37,040 --> 01:16:46,840 motion again the motion is that we will not approve we will not rec deny to deny 883 01:16:43,159 --> 01:16:53,400 to deny yeah okay I got you now you're waiting for me to vote 884 01:16:49,440 --> 01:16:57,000 right I I support that okay thank you Hill 885 01:16:55,440 --> 01:17:05,199 I am supporting the motion Mike P is absent Craig kit is 886 01:16:59,800 --> 01:17:13,159 absent mace bafford Hi l all right okay sobody out there understands 887 01:17:09,600 --> 01:17:13,159 the motion was motion is Den 888 01:17:18,400 --> 01:17:25,840 unanimously okay if that do stop you from taking it 889 01:17:22,560 --> 01:17:25,840 to the county 890 01:17:25,960 --> 01:17:35,440 stop you either four four houses on it with five acres of P okay 891 01:17:32,880 --> 01:17:39,560 uh discussion uh discussion of cord drill 892 01:17:37,600 --> 01:17:43,320 and letter sent by Mr mcperson no voter formal action can be taken by 893 01:17:42,040 --> 01:17:47,679 the Planning Commission as a letter was not received in time to advertise the 894 01:17:45,040 --> 01:17:52,480 request of the applicant yes ma'am we discussed this 895 01:17:49,840 --> 01:17:59,400 briefly earlier um the Planning Commission in November of last year ired 896 01:17:55,159 --> 01:18:05,120 Mr mcperson to do a cordr 13 locations on site were identified uh most of those 897 01:18:03,040 --> 01:18:09,600 areas where where buildings would go or in areas where fill was deposited 898 01:18:07,320 --> 01:18:17,080 outside of the approved grading plan um he was also to furnish a lab 899 01:18:13,040 --> 01:18:20,520 report for what was in the ground and to ensure that it was properly compacted we 900 01:18:19,440 --> 01:18:26,719 had two complaints 901 01:18:22,920 --> 01:18:31,440 um and when I went to renew his grading permit because it was time to do that it 902 01:18:28,520 --> 01:18:36,679 was expiring during that same period i observed um construction demolition 903 01:18:34,480 --> 01:18:41,199 debris right chimney uh Foundation materials that 904 01:18:39,360 --> 01:18:48,320 were made back in a generation with they use from Malahide in the Cure I observe 905 01:18:44,400 --> 01:18:54,400 copper pipe PVC a number of other things so at that point I issued as the 906 01:18:52,159 --> 01:18:59,120 regulations require immediate stop because was outside the confines of his 907 01:18:56,600 --> 01:19:03,239 permit okay then the Planning Commission gave him specific directions it is my 908 01:19:01,560 --> 01:19:09,520 understanding from the Geo technical firm that hrill and the lab reports were 909 01:19:06,639 --> 01:19:15,840 completed some weeks ago right they have not been provided to the city therefore 910 01:19:12,120 --> 01:19:20,320 we cannot do anything you have even and this was not received in time to 911 01:19:17,800 --> 01:19:25,400 advertise it so it's not been advertised this is discussion only that's why it's 912 01:19:22,120 --> 01:19:30,120 under discussion item so where we are we give an update this is another standing 913 01:19:27,199 --> 01:19:35,280 item it stays on the agenda um you can't take action the stop can't be lifted 914 01:19:32,400 --> 01:19:40,840 until the core report is received and reviewed by the engineer and planning 915 01:19:38,320 --> 01:19:45,360 staff to make sure that basically nothing changed right 916 01:19:43,639 --> 01:19:52,199 right nothing other than you all received a 917 01:19:49,560 --> 01:19:56,120 letter project representative do I have opportunity to 918 01:19:53,320 --> 01:20:02,040 speak so Kyle Schneider uh engineer of record 919 01:19:58,440 --> 01:20:06,800 civil engineer um I cannot speak to the soil report that is the geotechnical 920 01:20:04,560 --> 01:20:11,360 engineer right I've been made aware that I believe it has been completed being 921 01:20:08,679 --> 01:20:15,120 reviewed and it should be submitted to the city consultant engineer shortly for 922 01:20:14,360 --> 01:20:22,239 his review um my discussion was on the 923 01:20:19,080 --> 01:20:29,440 February decision to not allow the renewal of the Pud plans um if if I may 924 01:20:26,520 --> 01:20:35,159 I I apologize Mr Snider this is not on the agenda tonight no consideration 925 01:20:32,440 --> 01:20:40,960 could be given to the plans until he submits the cural report and it's 926 01:20:38,239 --> 01:20:46,480 reviewed by staff right and that was the question that Miss spafford asked during 927 01:20:43,800 --> 01:20:51,400 that meeting is if he provides the core report and comes out clean can he 928 01:20:49,080 --> 01:20:55,280 resubmit unfortunately his grading permit and his plan approval occurred in 929 01:20:53,920 --> 01:20:59,320 the same month because they were both approved in the 930 01:20:56,679 --> 01:21:03,960 same month so during that meeting this body on staff 931 01:21:02,040 --> 01:21:07,840 recommendation for both the engineer and the planner did not 932 01:21:13,080 --> 01:21:21,120 reapproved so while you may have this discussion the only thing that can occur 933 01:21:18,280 --> 01:21:26,719 to cure the flaw for Mr mcferson is the provision of that report so the only 934 01:21:23,520 --> 01:21:29,679 thing that I I'd like to say is that I went back and listened to the February 935 01:21:28,000 --> 01:21:35,719 meeting there was contradictory statements made by City staff uh City 936 01:21:32,920 --> 01:21:42,440 staff said that the plans would expire 12 months after 937 01:21:39,520 --> 01:21:47,360 with no utility work being performed on site the city staff said that plans 938 01:21:45,440 --> 01:21:52,600 would expire at the end of the month and City staff said that the plans had 939 01:21:49,080 --> 01:21:59,480 expired so contradictory statements as for the utility plans not having any 940 01:21:55,239 --> 01:22:05,000 work done on them for 12 months um City staff had had their Consulting engineer 941 01:22:02,719 --> 01:22:10,600 send plans to myself and I had revised those plans on September 22nd 2023 I'm 942 01:22:08,239 --> 01:22:16,560 sorry have to actually speak up it's the consultant engineer uh sent me utility 943 01:22:13,920 --> 01:22:24,120 plans that needed to be revised uh September of 23 less than 12 months ago 944 01:22:20,440 --> 01:22:30,199 so less than 12 months ago work was being done on utility plans so as we see 945 01:22:27,199 --> 01:22:36,360 it the utility plans weren't up for expiration anyways as the engineer 946 01:22:33,120 --> 01:22:43,159 record we had no notice that our plans were expiring from City staff at all um 947 01:22:40,840 --> 01:22:47,920 Mr mcferson was notified c as the engineer of record I'm I'm 948 01:22:46,000 --> 01:22:56,080 stating on public record we were not notified I'm also stating that it was 949 01:22:50,600 --> 01:23:00,679 not 12 months from a stop work order to when these plans expired you yourself 950 01:22:57,679 --> 01:23:06,040 were out on site a stop work order issue Kyle you're conflating issues here and 951 01:23:03,760 --> 01:23:10,560 discussions the plans were approved by the Planning 952 01:23:07,480 --> 01:23:14,560 Commission they have a two-year window under the put agreement you said in the 953 01:23:12,320 --> 01:23:21,480 February meeting it was it was one year I'm going to answer the question 954 01:23:17,920 --> 01:23:28,440 regardless those plans have a 2-year window upon approval for substantial 955 01:23:24,600 --> 01:23:33,880 progress on construction to take place he's still in the grading phase he has 956 01:23:31,480 --> 01:23:39,159 zero permits for construction there are a number of 957 01:23:36,080 --> 01:23:43,880 articles on the lot there is piping on the lot there's a number of other things 958 01:23:41,320 --> 01:23:50,040 on the lot none of them have been installed none of them so the plant 959 01:23:47,639 --> 01:23:55,840 themselves may be impacted by what happens with the grading plans and C 960 01:23:52,920 --> 01:24:01,679 drill I don't know what's in there fter as anybody else what he's used for Phill 961 01:23:59,440 --> 01:24:08,840 so all of that if you weren't notified Mr mcferson was notified well before the 962 01:24:05,639 --> 01:24:14,480 deadline for that to happen I believe he was notified on February 1st or so and 963 01:24:12,600 --> 01:24:19,560 the meeting was February 9th I have an email I don't necessarily have Mr M was 964 01:24:17,480 --> 01:24:23,880 notified this plans were coming up for revision again you're confusing the 965 01:24:21,199 --> 01:24:31,120 grading permit with approved development I'm talking about in the February 966 01:24:26,199 --> 01:24:35,199 meeting the Pud plans were denied renewal that is correct those PUD plans 967 01:24:33,679 --> 01:24:40,159 shouldn't have been up for Renewal anyway so they shouldn't have been up 968 01:24:36,199 --> 01:24:44,400 for expiration they you said it yourself that utility work needed to be done 969 01:24:42,280 --> 01:24:49,280 within 12 months utility work was being done up until August when he received 970 01:24:47,040 --> 01:24:53,960 the notice of violation no the grading plan was being done grading and 971 01:24:51,400 --> 01:24:59,960 utilities go together they are not no util have been installed on with all 972 01:24:56,960 --> 01:25:04,880 with all due respect yes they do you cannot install utilities until you have 973 01:25:02,400 --> 01:25:04,880 your site 974 01:25:05,239 --> 01:25:12,239 graded as long as he is filling and he's still 975 01:25:10,080 --> 01:25:17,600 filling the property until he gets to final grade 976 01:25:16,199 --> 01:25:22,320 there have been pipes there and that was the question I asked why have you not 977 01:25:19,320 --> 01:25:27,400 started the utility installation he said I'm still taking in Soul until he 978 01:25:25,440 --> 01:25:31,840 accomplishes the rough grading and it's signed off on he can't yes he is aware 979 01:25:30,280 --> 01:25:36,440 of that he is aware of that you issued a notice of violation stop work order in 980 01:25:34,600 --> 01:25:41,159 August I went out the next day I did a site inspection as requested right so 981 01:25:39,440 --> 01:25:45,040 one of your stipulations was the site engineer needs to go out there and do a 982 01:25:43,000 --> 01:25:50,239 site visit the next day I went out there and did a site visit you requested 983 01:25:47,719 --> 01:25:56,080 updated utility plans in September we did that you requested updated grading 984 01:25:53,320 --> 01:26:01,159 plan we got that to you the only thing he's lacking is the soil report yes he 985 01:25:58,920 --> 01:26:06,360 is still lacking significant that is significant significant that's why he 986 01:26:03,119 --> 01:26:09,560 has a I myself I am not a soil engineer is any members of Planning Commission 987 01:26:07,840 --> 01:26:14,920 soil soil SCI with what's happening here speak to 988 01:26:12,560 --> 01:26:18,480 him about getting that report to us and then we can all move forward we don't 989 01:26:16,320 --> 01:26:23,280 have to have this discussion all we're saying is that we have been making 990 01:26:20,080 --> 01:26:26,600 progress with the site to take away the renewal of the Pud plan essentially 991 01:26:24,840 --> 01:26:33,719 making us start from zero was unfair and essentially uncalled 992 01:26:30,760 --> 01:26:37,719 for as we had been making progress on utilities you had but we still don't 993 01:26:35,400 --> 01:26:42,520 have what we require to move forward and until we have that we can't move forward 994 01:26:39,520 --> 01:26:42,520 and this conversation is 995 01:26:43,159 --> 01:26:51,880 moved while the soil the soil testing was a stipulation of the notice of 996 01:26:49,159 --> 01:26:56,320 violation it had nothing to do with the Pud plans you you you're you said it 997 01:26:54,760 --> 01:27:01,600 yourself in the February meeting these are two separate issues they completely 998 01:26:58,719 --> 01:27:08,080 are but his PUD approval for the preliminary plans was granted when uh 999 01:27:05,679 --> 01:27:14,560 sometime in 2022 I believe I'm sorry sometime in 2022 I believe that is 1000 01:27:10,719 --> 01:27:20,000 correct so it is up for Renewal they chose as long as as long as work was 1001 01:27:16,920 --> 01:27:24,800 being done on the site two years 2024 it was up for Renewal and in February it 1002 01:27:23,040 --> 01:27:28,760 was not how how is progress being made if you're 1003 01:27:26,440 --> 01:27:35,800 under a stop work order progress was being the requested items the requested 1004 01:27:31,840 --> 01:27:40,600 items were being you you had to fulfill the requirements to get rid of the stop 1005 01:27:38,280 --> 01:27:44,760 work order to make any progress on your project yes the original soft work order 1006 01:27:42,280 --> 01:27:48,560 had five or six items we had one item remaining you had not met the 1007 01:27:46,600 --> 01:27:52,800 requirements I don't know where where this is going to arve you didn't make 1008 01:27:50,600 --> 01:27:57,560 meet the requirements you could not be making progress you're two years were up 1009 01:27:56,199 --> 01:28:01,520 that's the bottom line that's where you stand right now I hate it and we've 1010 01:27:59,960 --> 01:28:05,440 already went through this whole soul deal one other time we' spent a ton of 1011 01:28:04,239 --> 01:28:12,520 time on this project these this is where we are and 1012 01:28:09,159 --> 01:28:16,560 that's what you have to meet I think for it's important for our newer members of 1013 01:28:14,159 --> 01:28:20,080 the Planning Commission to understand the 1014 01:28:17,280 --> 01:28:24,840 original approved plans there's still no putt agreement because all of the items 1015 01:28:22,840 --> 01:28:31,000 necessary to put a put agreement together have not been the plan the 1016 01:28:27,920 --> 01:28:38,600 or construction and the layout of this development approved in February of 1017 01:28:35,000 --> 01:28:42,719 2022 they have a two-year window with a request for Renewal you want to just 1018 01:28:40,360 --> 01:28:48,520 have a recess so that folks that want to go can 1019 01:28:44,639 --> 01:28:57,080 go sit through this so I Mr when I visited the site in order to 1020 01:28:53,360 --> 01:28:59,199 bring this perm which is a warning perm I 1021 01:29:04,360 --> 01:29:15,280 ad put gas in clean it up thank you all thank 1022 01:29:12,320 --> 01:29:24,520 you you're fine you're fine thanks everybody it's great to see democracy at 1023 01:29:19,360 --> 01:29:29,000 workk good night night drive S Mr mcferson was advised during the site 1024 01:29:27,000 --> 01:29:36,679 visit for the renewal of his grading plan that his preliminary plan approved 1025 01:29:32,480 --> 01:29:42,719 in 2022 we're going to expire in24 so he was advised of 1026 01:29:39,639 --> 01:29:48,880 that okay there's a lot of language in what you received that seems to indicate 1027 01:29:46,320 --> 01:29:54,360 that he was not advised we're not counsel that is absolutely not the case 1028 01:29:52,040 --> 01:30:00,679 what he chooses to tell his development staff is entirely up to him um but he 1029 01:29:58,000 --> 01:30:08,760 was advised that that expiration date was coming up we received two 1030 01:30:04,840 --> 01:30:13,840 complaints those complaints were founded right the Planning Commission gave him 1031 01:30:10,239 --> 01:30:18,920 direction as to what to do to rectify those complaints the core drill reports 1032 01:30:17,000 --> 01:30:24,520 have not been provided in February his P which he was 1033 01:30:22,320 --> 01:30:29,199 advised of in November were going to expire in February that 1034 01:30:26,760 --> 01:30:34,719 was part of the conversation on the site that day so there's no formal record an 1035 01:30:32,159 --> 01:30:39,639 acknowledgement by Mr mcferson that he screwed up that he 1036 01:30:37,679 --> 01:30:45,320 shouldn't have done what he did what you've been working towards is to 1037 01:30:41,679 --> 01:30:51,320 rectify the additional point is it 61 or 91 Acres that he exceeded its ra I think 1038 01:30:48,000 --> 01:30:56,679 it's 6 AC with Phil and compassion that's in Green Space Not 1039 01:30:54,239 --> 01:31:04,639 underneath building foundations as you it is in green space not under building 1040 01:31:00,080 --> 01:31:12,800 foundations SE his permit period Then he was he had to go back to 1041 01:31:08,080 --> 01:31:17,960 Tac I believe and submit yes in order to get approval for that because the state 1042 01:31:15,920 --> 01:31:22,480 requires you when you change the configuration of your permit you're 1043 01:31:20,560 --> 01:31:27,480 required to go back to the state in order to get re-approval all of that was 1044 01:31:24,960 --> 01:31:32,440 ongoing so at the night that the discussion was held it was time to 1045 01:31:29,760 --> 01:31:38,560 either renew or not renew the preliminary set of plans and by the way 1046 01:31:34,639 --> 01:31:43,320 this is the second set of plans for this project the first set were approved 1047 01:31:41,280 --> 01:31:46,960 everything was ready to go we were working on the put agreement Mr mcferson 1048 01:31:45,320 --> 01:31:52,560 changed his mind about what he wanted to do right so without calling names the 1049 01:31:50,719 --> 01:31:57,440 original complaint came from someone who worked on the site 1050 01:31:55,199 --> 01:32:02,679 the second complaint came from a planing commissioner both were 1051 01:31:59,960 --> 01:32:06,400 investigated this is our second pathway down this I don't know whether the soul 1052 01:32:04,760 --> 01:32:12,400 is suitable or not because I don't have a report neither does the 1053 01:32:08,520 --> 01:32:18,119 engineer Mr Snider also contacted the city engineer this week to ask him about 1054 01:32:15,199 --> 01:32:23,600 the stock worker and was told by the city engineer to come back to planning 1055 01:32:20,520 --> 01:32:29,159 because you are the approval body we don't approve or deny plans this body 1056 01:32:26,520 --> 01:32:33,119 does but you give recommendations to until we get but I think You' discussed 1057 01:32:31,440 --> 01:32:37,440 you disc that we all make our own decisions yeah no absolutely I'm just if 1058 01:32:36,000 --> 01:32:44,560 you want to end the conversation that's fine the February meeting was unfair as 1059 01:32:42,679 --> 01:32:54,159 this engineer of record I was not able to be present you had a review of the 1060 01:32:48,800 --> 01:32:58,360 engineering plans there um again information presented in that 1061 01:32:56,000 --> 01:33:04,159 meeting by Miss Armstrong made it unclear why the plans were up for 1062 01:33:01,000 --> 01:33:11,199 expiration in my opinion work was being done on site yes Mr mcferson understands 1063 01:33:07,800 --> 01:33:15,600 that work that was overstepping um not uncommon on 1064 01:33:13,840 --> 01:33:19,639 construction sites by the way not uncommon that you go outside your limit 1065 01:33:17,400 --> 01:33:25,560 of disturbance it's then it should not be uncommon to be able to go ahead and 1066 01:33:21,639 --> 01:33:32,639 correct that issue by going not it's not common that a soil report is requested 1067 01:33:28,400 --> 01:33:38,119 as well on a private development where this the suitability of the soil 1068 01:33:35,280 --> 01:33:42,080 ultimately if this site gets built has no bearing on the city the city is not 1069 01:33:39,920 --> 01:33:45,360 liable for it or anything no just the people that live there just people that 1070 01:33:43,480 --> 01:33:48,800 live there absolutely yeah yeah and the people on the property just the people 1071 01:33:46,880 --> 01:33:52,440 that live there their houses get to crack and fall or they can have problems 1072 01:33:50,679 --> 01:33:56,360 with rine or whatever just the people that live there are affected by this 1073 01:33:53,920 --> 01:34:00,040 other than that it doesn't matter and whatever runs off of that property onto 1074 01:33:58,239 --> 01:34:03,600 other property okay this is discussion do we have anything else to add to it 1075 01:34:01,679 --> 01:34:06,800 because this will be this will be on the agenda next month right that's correct 1076 01:34:05,360 --> 01:34:11,840 but I do want to make a couple statements okay be brief before we end 1077 01:34:09,239 --> 01:34:18,400 this just just for clarity it is not unfair to issue a stop 1078 01:34:15,880 --> 01:34:23,760 when someone for the second time on a project is depositing bill that is 1079 01:34:20,520 --> 01:34:27,480 unsuitable on a site the soul is not supposed to be stored on phase one 1080 01:34:25,719 --> 01:34:32,040 that's one of the restrictions and that is where it was visible from the road 1081 01:34:30,480 --> 01:34:42,159 that construction debris from a demolished structure was on the site so 1082 01:34:35,600 --> 01:34:47,040 again if his team is not notified it's not the city's responsibility that's Mr 1083 01:34:44,199 --> 01:34:53,400 McPherson's responsibility you cannot move forward at this juncture until we 1084 01:34:50,040 --> 01:34:58,159 get that report that you've required so there's really nothing we can do tonight 1085 01:34:56,040 --> 01:35:02,760 uh the work that's going on on the site is survey work and other work that is 1086 01:35:00,800 --> 01:35:10,840 required to update the set of plans for the TAC submission in order to correct 1087 01:35:05,600 --> 01:35:15,119 the permit it has zero to do with the deadline that expired that he was 1088 01:35:13,560 --> 01:35:19,719 informed of those are the last comments that I 1089 01:35:17,719 --> 01:35:24,400 have for the evening thank you for your discussion thank you thank you thank you 1090 01:35:22,080 --> 01:35:32,440 okay with that uh is complete motion to 1091 01:35:27,320 --> 01:35:35,800 adjourn second all in favor say I oppos motion carries