1 00:08:04,800 --> 00:08:10,800 Good evening. Welcome to Oak County Board of Commissioners meeting. Today is 2 00:08:07,680 --> 00:08:13,840 Tuesday, September the 1st, 2026. After a moment of silence, we're going to ask 3 00:08:12,000 --> 00:08:17,080 Amry Harden to lead us in the pledge. Please stand. 4 00:08:30,479 --> 00:08:35,800 To the flag of the United States of America 5 00:08:47,839 --> 00:08:53,680 of business is to approve the agenda. >> Make a motion to approve the agenda as 6 00:08:52,800 --> 00:08:57,120 submitted. >> Second. 7 00:08:54,480 --> 00:09:00,480 » Motion second. All in favor? Motion carries. Next item is statements or 8 00:08:58,800 --> 00:09:04,600 remarks from citizens. This is anything that's not on tonight's agenda. 9 00:09:05,519 --> 00:09:13,360 » Any statements or remarks from commissioners? No. 10 00:09:10,240 --> 00:09:18,160 » We will announce we have a town hall on September 15th at 6 PM here in this 11 00:09:15,760 --> 00:09:23,360 room. And also the Jimmy Daniel intersection of 316 will close on 12 00:09:20,160 --> 00:09:26,959 September 14th. An estimated six-month closure. 13 00:09:25,440 --> 00:09:32,680 And we'll move on to approval of minutes from August 4th, August 20th, and August 14 00:09:29,680 --> 00:09:32,680 25th. 15 00:09:33,519 --> 00:09:38,040 » I'll make a motion to approve those. 16 00:09:38,320 --> 00:09:44,640 » Second. >> A motion second. All in favor? Motion 17 00:09:41,519 --> 00:09:51,360 carries. Next item is a proclamation in observance of 988 day. Commissioner Sax. 18 00:09:48,480 --> 00:09:57,839 » Proclamation in observance of 988 day. Whereas Tuesday, September 8th, 2026 19 00:09:54,560 --> 00:10:03,600 marks 988 day, an annual day of action dedicated to spreading awareness of the 20 00:10:00,160 --> 00:10:07,920 988 suicide and crisis lifeline and the importance of mental health support. And 21 00:10:05,920 --> 00:10:11,200 whereas Okone County government in conjunction with National Suicide 22 00:10:09,360 --> 00:10:18,000 Prevention Week and National Suicide Prevention Month recognizes and supports 23 00:10:14,079 --> 00:10:21,760 988 day. And whereas this day of action encourages all of Coney County residents 24 00:10:19,760 --> 00:10:27,760 to engage in discussions with friends and loved ones about mental health. And 25 00:10:24,480 --> 00:10:30,959 whereas increasing awareness of 988 day ensures that people know that 26 00:10:29,120 --> 00:10:36,320 compassionate support is available wherever they need it. And whereas 27 00:10:33,600 --> 00:10:41,839 recognition of 988 day helps to build a safer and more supportive community and 28 00:10:38,480 --> 00:10:45,440 to put an end to suicide in Okon County. Now therefore, be it resolved that the 29 00:10:44,000 --> 00:10:52,399 board of commissioners of Okon County does hereby declare September 8th, 2026 30 00:10:48,800 --> 00:10:58,079 as 988 day in Okone County, Georgia, and encourages all residents to learn about 31 00:10:54,320 --> 00:11:02,880 the 988 suicide and crisis lifeline. Support suicide prevention efforts and 32 00:11:00,240 --> 00:11:09,040 help spread the message that help is available by calling, texting, or 33 00:11:05,519 --> 00:11:14,959 chatting through 988life.org. Sign John Daniel this day. 34 00:11:11,839 --> 00:11:18,880 Thank you. All right. Now, we'll move on to our 35 00:11:16,320 --> 00:11:22,640 hearings and actions on zoning matters. The zoning petition shall be presented 36 00:11:20,480 --> 00:11:26,480 by the county staff with no time limit. The applicant, those signed up to speak 37 00:11:24,320 --> 00:11:30,399 for the petition, shall be allowed a total of 20 minutes. Those signing up to 38 00:11:28,720 --> 00:11:35,040 speak against shall also be allowed a total of 20 minutes. Public comments 39 00:11:32,800 --> 00:11:38,720 shall then be closed and the board will have an opportunity to ask questions as 40 00:11:36,480 --> 00:11:42,079 they deem appropriate and then the board shall take action as set out in the 41 00:11:40,160 --> 00:11:46,360 unified development code. With that, we'll call variance request P26-0158. 42 00:11:46,399 --> 00:11:52,959 So, Christopher and Megan Clark. This allowed to allow a garage in the front 43 00:11:50,720 --> 00:11:59,040 yard and allow garage less than 200 ft from a rideway in front of a house. It's 44 00:11:55,440 --> 00:12:03,440 2.43 acres at 1020 Trestle Run Residential. And there's also a variance 45 00:12:01,360 --> 00:12:07,040 P260187 for the same property. 46 00:12:05,440 --> 00:12:13,120 » Thank you, Mr. Chairman, commissioners. Again, that's variance P26187 47 00:12:10,480 --> 00:12:20,040 and P260158. Christopher and Megan Clark, applicant 48 00:12:14,880 --> 00:12:20,040 and owner. This is parcel C04C070. 49 00:12:20,800 --> 00:12:29,480 Currently zoned AR in the suburban neighborhood character area. And again, 50 00:12:25,680 --> 00:12:29,480 the request for P26005158. 51 00:12:29,600 --> 00:12:36,560 The applicant requests a variance from UDC sections 34701 52 00:12:33,760 --> 00:12:41,519 and 3488 to allow private freestanding detached garage within the front yard 53 00:12:38,639 --> 00:12:44,800 within 200 ft of the nearest street. In P2600187, 54 00:12:43,360 --> 00:12:50,240 the applicant request a variance from UDC section 101202D2 55 00:12:47,760 --> 00:12:55,120 to allow a second driveway access to the property. the recorded plat you have in 56 00:12:53,040 --> 00:13:00,320 your application packet, the concept plan showing the proposed location of 57 00:12:57,760 --> 00:13:04,079 the structure and drive architectural renderings 58 00:13:02,639 --> 00:13:08,880 and staff recommends conditional approval of P260158 59 00:13:06,320 --> 00:13:15,040 with our one standard condition and approval of P26 0187 with our one 60 00:13:12,639 --> 00:13:20,440 standard condition. Thank you. >> Thank you. Now we're hear from the owner 61 00:13:17,200 --> 00:13:20,440 of the property. 62 00:13:23,920 --> 00:13:30,639 Hello, I'm Patrick Barry. Uh 1720 Lexon Road, Athens, Georgia. I'm here with 63 00:13:28,320 --> 00:13:34,800 Chris Clark. Um Chris approached me to help some plans for this. Um he wanted 64 00:13:32,399 --> 00:13:38,800 to build a garage for some extra cars for his family. He purchased the 65 00:13:36,720 --> 00:13:41,839 adjacent property, combined it. Uh this in the front yard, varants front yard. 66 00:13:40,240 --> 00:13:44,720 It's because it's not can't go in the backyard because that's where this uh 67 00:13:43,200 --> 00:13:48,560 there's a drainage that goes through and the sideyard of the septic field. Um and 68 00:13:47,120 --> 00:13:52,959 then this the variance for the second driveway. Um speak with the HOA and 69 00:13:51,600 --> 00:13:57,040 Chris. The best place is come off Trestle Run versus the main road station 70 00:13:54,959 --> 00:14:03,320 drive. There's less traffic and it's a little safer exit. That's the request 71 00:13:58,480 --> 00:14:03,320 for that um second driveway location. 72 00:14:03,600 --> 00:14:08,279 » Does anyone else wish to speak for either variance? 73 00:14:08,480 --> 00:14:18,519 » Does anyone wish to speak against? With that we'll close public comments. 74 00:14:14,480 --> 00:14:18,519 Any questions from commissioners? 75 00:14:19,279 --> 00:14:29,079 We'll entertain a motion for 1015A. >> Mr. Chairman, I'd like a motion to 76 00:14:24,800 --> 00:14:29,079 approve variance P26-015A 77 00:14:29,680 --> 00:14:37,600 Christopher and Megan Clark allow a garage in front yard and allow a garage 78 00:14:34,800 --> 00:14:44,480 less than 200 ft from right away in front of house 2.43 acres 1020 trestle 79 00:14:41,040 --> 00:14:47,040 run residential edition. Second. 80 00:14:45,440 --> 00:14:52,560 » Have a motion and second for approval of Vance request P26-0158 81 00:14:49,680 --> 00:14:57,639 with one condition. Any discussion? >> All in favor? 82 00:14:54,240 --> 00:14:57,639 » Motion carries. 83 00:14:57,760 --> 00:15:05,040 I'm ready for a motion for 0187. >> Mr. Chairman, I make a motion we approve 84 00:15:03,120 --> 00:15:07,920 P26187 Christopher and Megan Clark. Increase 85 00:15:06,639 --> 00:15:12,000 the number of driveways allowed to access a property from any one street 86 00:15:09,760 --> 00:15:16,320 2.43 43 acres 1020 Trestle Road residential. We had is it with one 87 00:15:14,639 --> 00:15:21,839 condition? One condition. >> Second. We have a motion and second for 88 00:15:18,560 --> 00:15:26,480 approval of varance request P26-0187 with one condition. Any discussion? 89 00:15:24,959 --> 00:15:31,199 All in favor? >> Motion carries. And we're call appeal of 90 00:15:29,600 --> 00:15:36,079 an administrative decision. This is P26-0182 91 00:15:33,279 --> 00:15:40,240 Athens Mugalo Partners LLC. This is appeal of an administrative decision 92 00:15:37,600 --> 00:15:47,360 regarding requirements for the reszoning 61.79 acres at 1222 Dowy Road. Yeah. 93 00:15:45,199 --> 00:15:51,839 Thank you, Mr. Chairman, commissioners. Uh you have before you this evening, an 94 00:15:50,160 --> 00:15:56,560 appeal of administrative decision process number P260182. 95 00:15:54,720 --> 00:16:00,399 The applicant is David F. Ellison, attorney, property owner, Athens 96 00:15:58,000 --> 00:16:07,519 Bungalow Partners LLC. This is located at 1222 Dowy Road, parcel C 02012. 97 00:16:05,279 --> 00:16:14,639 The project name Celebration Village of Athens. Current zoning is OIP uh 98 00:16:10,639 --> 00:16:17,839 established with reszone P19 00065. 99 00:16:16,240 --> 00:16:22,720 A reszoning applicant at that time was Ross Development and the board approved 100 00:16:19,600 --> 00:16:27,120 the uh reszone in February 4th of 2020. 101 00:16:25,199 --> 00:16:30,480 The issue before you uh the applicant is appealing the decision of the planning 102 00:16:28,560 --> 00:16:35,600 director that a reszone application and amendment of conditions is required to 103 00:16:33,519 --> 00:16:39,839 change the phasing plan for celebration village Athens assisted living 104 00:16:37,600 --> 00:16:44,560 community. This is due to the proposed change to the to allow the active adult 105 00:16:42,480 --> 00:16:48,720 bungalows to be developed before the assisted living and memory care 106 00:16:46,160 --> 00:16:52,480 component and have contra and have contracted services for the assisted 107 00:16:50,800 --> 00:16:56,639 living portion while other phases are under development. 108 00:16:54,720 --> 00:17:01,600 staff determined that this con this change does not substantially conform to 109 00:16:58,639 --> 00:17:05,280 the reszone P190065 and the related concept plan and 110 00:17:03,279 --> 00:17:10,799 narrative and cannot be ad approved administratively as a field change. On 111 00:17:08,000 --> 00:17:14,400 April 1, 2026, staff determined the proposed changes submitted as field 112 00:17:12,319 --> 00:17:19,360 change P250255 on November 3rd, 2025 to the celebration 113 00:17:17,919 --> 00:17:25,679 village assisted living committee did not comply with the resoning uh P190065. 114 00:17:24,079 --> 00:17:29,679 The decision was based on review of the comp of the concept plan narrative and 115 00:17:27,839 --> 00:17:33,919 application documents from the resoning P190065. 116 00:17:31,760 --> 00:17:37,600 Reszoning ordinance states the OIP resoning is for the purpose set forth in 117 00:17:35,760 --> 00:17:41,600 exhibit A and is subject to the conditions in exhibit A. Condition one 118 00:17:40,160 --> 00:17:44,799 requires development design and structures to meet or exceed the 119 00:17:43,120 --> 00:17:48,559 standards indicated on the concept plan narrative representative architecture 120 00:17:46,880 --> 00:17:52,880 sketches and other documents submitted with the attached to the reszone with 121 00:17:51,120 --> 00:17:56,559 and attached to the resone. The narrative states the assisted living 122 00:17:54,480 --> 00:18:01,600 building would be built first as a phase one and the active adult duplexes as 123 00:17:59,840 --> 00:18:06,640 phase two. The the narrative separately states that 124 00:18:04,400 --> 00:18:10,400 the entire project infrastructure was anticipated to be developed in one 125 00:18:08,480 --> 00:18:14,160 phase. That statement addresses infrastructure and does not change the 126 00:18:12,240 --> 00:18:18,400 two-phase building program described in the narrative. In the field change 127 00:18:16,720 --> 00:18:22,000 application, the property owner proposed to subdivide the property and transfer a 128 00:18:20,320 --> 00:18:26,720 portion of the property to another owner so that the 96 unit duplex bungalow 129 00:18:24,480 --> 00:18:30,559 active adult phase could be developed prior to construction of the assisted 130 00:18:28,320 --> 00:18:35,440 living and memory care facility. The bungalows would now be a phase one and 131 00:18:33,360 --> 00:18:40,320 the assisted living phase two. Preliminary site plan P24065 132 00:18:38,160 --> 00:18:46,720 approved June 10th, 2025 and site development plan P240066 133 00:18:43,440 --> 00:18:52,080 approved 724 2025 indicated that the assisted living units and active adult 134 00:18:48,640 --> 00:18:59,440 units would be built as phase 1. Phase two would be a building 15,360 135 00:18:55,520 --> 00:19:04,720 ft personal care facility. Those approvals therefore continued to include 136 00:19:02,160 --> 00:19:07,919 assisted living in phase one. They did not approve development of the bungalows 137 00:19:06,480 --> 00:19:14,720 first with the assisted living and memory care facility deferred. The 138 00:19:10,400 --> 00:19:19,039 staff's determination is per UDC 12605D3 concept plan. The proposed changes do 139 00:19:17,200 --> 00:19:22,559 not substantially conform to the concept plan and other related documents 140 00:19:20,400 --> 00:19:26,799 submitted with the P190065 reszone application. Field change 141 00:19:24,960 --> 00:19:33,280 P250255 application was not approved according 142 00:19:28,559 --> 00:19:38,000 to the county county UDC section 12605D3 which states if the requested reszoning 143 00:19:35,840 --> 00:19:42,160 or special use application is approved no building permit other permit or 144 00:19:40,400 --> 00:19:45,679 certificate occupancy shall be granted except for uses or structures conforming 145 00:19:44,080 --> 00:19:50,480 substantially to the concept plan and related documents submitted with the 146 00:19:47,600 --> 00:19:54,720 application. Changes to an approved concept plan that present an increase in 147 00:19:52,720 --> 00:19:58,240 intensity of use such as but not limited to an increase in the total number of 148 00:19:56,400 --> 00:20:03,760 lots. An increase in the total proposed building area or an increase in the 149 00:20:00,799 --> 00:20:07,360 number of total nor number of total number of buildings proposed for the 150 00:20:05,440 --> 00:20:10,960 development shall not be considered substantially compliant with the 151 00:20:09,200 --> 00:20:17,919 approved concept plan and are subject to the requirements of section 12102 for 152 00:20:14,960 --> 00:20:22,720 processing and approval. The appeal application by David Ellison also cited 153 00:20:20,400 --> 00:20:29,280 section 30202 neighborhood recreation centers. Staff made no determination 154 00:20:25,200 --> 00:20:34,400 concerning UDC section 30 320 neighborhood recreation centers. Staff 155 00:20:31,200 --> 00:20:39,360 did not rely on section 320.02 O2 in making the determination under 156 00:20:36,720 --> 00:20:43,200 appeal whether any particular facility qualifies as an amenity or neighborhood 157 00:20:41,440 --> 00:20:47,760 recreation center does not alter staff's determination that the proposed phasing 158 00:20:45,679 --> 00:20:52,960 change does not substantially con conform to reasonzoning P190065 159 00:20:51,360 --> 00:20:56,159 and cannot be approved as a field change. 160 00:20:54,880 --> 00:21:00,559 The current wastewater treatment capacity policy also distinguishes 161 00:20:58,240 --> 00:21:04,240 residential uses including condominiums, duplexes, single family homes, and 162 00:21:02,320 --> 00:21:08,320 apartments from development that includes assisted living communities. 163 00:21:06,559 --> 00:21:12,880 Residential capacity outside the city of Watkinsville is limited to 30% of 164 00:21:10,240 --> 00:21:16,640 capacity while the policy separately provides for capacity to al to be 165 00:21:15,200 --> 00:21:22,000 allocated for assisted living communities. This distin distinction 166 00:21:19,280 --> 00:21:26,159 reinforces staff's concern with allowing the bungalow component to proceed 167 00:21:24,320 --> 00:21:31,440 separately before the assisted living component exists. 168 00:21:29,039 --> 00:21:35,520 On April 19th, 2026, the owner submitted a reasonzoning application to address 169 00:21:33,120 --> 00:21:40,799 the concerns from the April 1, 2026 staff's termination. Accuracy review 170 00:21:38,080 --> 00:21:46,640 comments were issued on May 14th, 2026 that were never addressed with a 171 00:21:42,880 --> 00:21:50,159 resubmitt. On May 1, 2026, the appeal of administrative decision letter was 172 00:21:48,159 --> 00:21:54,960 submitted with a complete appeal application received July 16, 2026, even 173 00:21:53,520 --> 00:22:02,080 though the resoning application was submitted April 19th, 2026. 174 00:21:59,679 --> 00:22:06,640 The record has been submitted to uh the county clerk. Thank you. 175 00:22:04,559 --> 00:22:09,640 » Thank you, >> David. 176 00:22:10,159 --> 00:22:17,280 » Uh good evening. David Ellison here on behalf of Celebration Village. If I may 177 00:22:14,320 --> 00:22:20,280 approach with a hand out items. 178 00:22:39,200 --> 00:22:45,840 So this project, Celebration Village, was originally reszoned on February 4th, 179 00:22:43,440 --> 00:22:50,240 2020 for an age and place retirement community. The original plan was 180 00:22:47,919 --> 00:22:55,760 developed in two phases, a total of 69 buildings and 398 units. On February 181 00:22:53,600 --> 00:23:01,280 4th, 2020, a variance allowing heights up to 55 ft was also approved. 182 00:22:59,200 --> 00:23:06,000 Unfortunately, the world shut down about a month later and CO nearly killed the 183 00:23:04,000 --> 00:23:10,480 senior housing industry. It's taken a while, but demand has returned both with 184 00:23:08,080 --> 00:23:14,640 investors and from residents. Uh to date, my client has spent uh over $18 185 00:23:12,720 --> 00:23:19,039 million on Celebration Village to get this site ready. Uh we're lining up 186 00:23:16,799 --> 00:23:24,080 financing. We have 24 contracts for bungalows and 42 people on the waiting 187 00:23:21,200 --> 00:23:28,880 list. You know, the reason why we're here today is that over the past six 188 00:23:25,840 --> 00:23:32,880 years, the industry has changed. Uh generally, residents want a larger 189 00:23:30,880 --> 00:23:37,440 living area. And so what we are proposing here is essentially a 190 00:23:34,480 --> 00:23:41,440 different unit mix than before. If you look at this spreadsheet here, 191 00:23:39,280 --> 00:23:46,000 this lays out the differences between what was originally approved in 2020 and 192 00:23:43,600 --> 00:23:50,480 what we're asking for here today. We're still proposing 69 buildings. You know, 193 00:23:48,799 --> 00:23:56,080 we have a slight increase of square footage of about 3 and a half%. The 194 00:23:53,200 --> 00:24:00,960 density is the same, 398. All height, all buildings will be 195 00:23:58,240 --> 00:24:04,240 beneath 55 ft. Two buildings have gone from three stories to four stories, but 196 00:24:02,640 --> 00:24:08,880 again, every single building is beneath the 55 foot variance. Finally, instead 197 00:24:07,280 --> 00:24:14,480 of doing two phases, we're going to do one phase. 198 00:24:11,279 --> 00:24:18,400 So, we believe that these revisions are consistent with the original plan 199 00:24:16,240 --> 00:24:22,480 because we're not changing the use and we're not increasing the intensity. If 200 00:24:20,799 --> 00:24:29,600 you turn to the next page, I'm showing you the site plan of what we're asking 201 00:24:24,480 --> 00:24:35,600 for you to prove. This is from 2026. And then the next page is from 2020. 202 00:24:33,919 --> 00:24:40,320 This is what has been approved part of the plan. Uh and we believe the only 203 00:24:38,640 --> 00:24:46,000 reason why there have been variations from the site plan was to adjust for the 204 00:24:42,400 --> 00:24:50,080 unit mix and to shorten the walkways between some of the amenity areas. 205 00:24:48,400 --> 00:24:53,360 Otherwise, we believe this is the same use substantially compliant with the 206 00:24:51,440 --> 00:24:58,640 original plans. We're going to use the same standards uh of design that were 207 00:24:56,559 --> 00:25:03,600 approved. So we believe this is substantially consistent with the 208 00:25:00,720 --> 00:25:08,400 original plan such that a reszone is not necessary. 209 00:25:05,919 --> 00:25:13,600 We're also seeking an appeal of the staff's interpretation of the sewer 210 00:25:10,480 --> 00:25:17,520 policy. You know, as as we're all aware, sewer is only allocated for CRC's or 211 00:25:15,840 --> 00:25:23,520 assisted living communities such as this one. Now, we believe that the county has 212 00:25:21,279 --> 00:25:29,520 already allocated sewer for this project due to this payment of $250,000 for the 213 00:25:26,320 --> 00:25:34,320 sewer improvements. Uh since Auni County has not enacted to impact the ordinance, 214 00:25:32,159 --> 00:25:38,960 the only way that this payment could be regarded as legal is if it has been 215 00:25:37,120 --> 00:25:42,960 allocated towards sewer for this project. 216 00:25:40,559 --> 00:25:48,000 But we understand the county's concerns about this issue and we're willing to 217 00:25:45,360 --> 00:25:53,039 condition approval on this appeal in order to adjust our construction 218 00:25:50,240 --> 00:25:57,360 schedule. When we first applied for this appeal, we going to start with the 219 00:25:55,679 --> 00:26:03,600 bungalows and then the assisted living facility. We're now proposing that 220 00:26:00,320 --> 00:26:08,640 before any permit on any residential structure can be pulled, 221 00:26:06,240 --> 00:26:14,240 we have to have obtained a permit on the assisted living facility 222 00:26:11,120 --> 00:26:18,799 and have uh commence construction before pulling any other permit. 223 00:26:16,559 --> 00:26:22,880 So before we can pull any permit for any sort of bungalow, we are starting on the 224 00:26:21,039 --> 00:26:29,279 assisted living facility and have to have continuous construction. 225 00:26:26,159 --> 00:26:33,679 Before any cos can issue on any residential structures on the property, 226 00:26:31,679 --> 00:26:36,799 we have to one obtain continuous construction on the assisted living 227 00:26:35,200 --> 00:26:42,159 facility and provide documentation that we're 228 00:26:38,720 --> 00:26:47,200 providing quote personal services, limited nursing nursing services as 229 00:26:45,039 --> 00:26:51,679 though terms are defined by the rules of the department of community health and 230 00:26:49,600 --> 00:26:56,559 medications by certified medication aids. We're essentially tracking all of 231 00:26:54,480 --> 00:27:00,720 the services that would be provided by an actual assisted living facility while 232 00:26:58,720 --> 00:27:05,120 it's being constructed. And so we are obligated to provide that 233 00:27:02,799 --> 00:27:10,960 to residents until that assisted living facility is constructed. And that's a 234 00:27:06,720 --> 00:27:15,919 condition as of any co. We believe by having this condition it would restrict 235 00:27:14,080 --> 00:27:20,720 sufficiently restrict this and to ensure it does not set a precedent for some 236 00:27:18,960 --> 00:27:25,600 other type of developer to come in with density in an inappropriate place. I'm 237 00:27:23,840 --> 00:27:30,000 also proposing as a condition uh language to approve this to address the 238 00:27:27,919 --> 00:27:34,559 sewer issue but essentially that $250,000 payment would be contributed 239 00:27:32,080 --> 00:27:38,400 towards uh the allocation reserved for this project. 240 00:27:36,720 --> 00:27:44,720 So the final page of your sheet there 241 00:27:42,240 --> 00:27:49,440 is the narrative from Presbyterian Village 242 00:27:47,039 --> 00:27:54,799 and I've highlighted in the top right hand corner 243 00:27:51,600 --> 00:27:58,720 how they structured their deal. If you look at the schedule beginning 244 00:27:56,000 --> 00:28:01,840 the second line, it is anticipated the complement of building structures and 245 00:28:00,240 --> 00:28:05,520 site amenities will be built out in phases with the initial phase 246 00:28:04,080 --> 00:28:08,880 development to include the village center, the health service center 247 00:28:06,960 --> 00:28:12,720 building and 50 residential units comprising a mixture of cottages, 248 00:28:10,640 --> 00:28:16,960 villas, and apartments. And so we're essentially asking for the 249 00:28:14,720 --> 00:28:21,120 same thing that Presbyterian Village did and that we're going to be building out 250 00:28:18,640 --> 00:28:24,320 the assisted living facility and all the other commercial all the other minute 251 00:28:22,480 --> 00:28:28,000 areas at the same time as we're building out the bungalows. 252 00:28:26,480 --> 00:28:32,240 You know, we've already introduced evidence in the record that COS issued 253 00:28:30,080 --> 00:28:37,760 on cottages for Presbyterian Village before CO's issued uh for the assisted 254 00:28:35,039 --> 00:28:41,760 living facility. And I believe yesterday submitted additional information from 255 00:28:39,279 --> 00:28:46,320 the state showing that uh Presbyterian Village did not receive its license for 256 00:28:43,600 --> 00:28:50,480 assisted living facility till June 2021 and I think 87 CO issued in the meantime 257 00:28:49,039 --> 00:28:56,159 and didn't receive its license for memory care permit until April 2023. 258 00:28:54,320 --> 00:29:01,600 And so the county has shown flexibility on this sewer policy when a property 259 00:28:58,720 --> 00:29:06,000 owner shows progress and we ask that you allow us to give you that opportunity to 260 00:29:03,919 --> 00:29:10,640 show progress particularly because we advance so many of the land use goals of 261 00:29:08,000 --> 00:29:14,240 this county. You know we are providing a higher density residential development 262 00:29:12,399 --> 00:29:18,559 and a regional center character area on your comp plan. You know this is already 263 00:29:16,880 --> 00:29:21,919 an area that's served by water and sewer infrastructure. 264 00:29:20,080 --> 00:29:26,000 You know, we're bringing in, if you allow this pro project to go forward, 265 00:29:24,159 --> 00:29:30,480 you we be bringing in new residents who will not impose burdens on the schools 266 00:29:28,640 --> 00:29:34,640 and free up existing housing stock for families by allowing existing residents 267 00:29:32,240 --> 00:29:37,760 to downsize. Now, I have family members in the area who'd be coming to a 268 00:29:36,559 --> 00:29:41,039 facility like this. I have family members out of the state be coming to a 269 00:29:39,200 --> 00:29:45,679 place like this, and I imagine I'm not alone. So, this is the type of growth 270 00:29:43,440 --> 00:29:50,880 the county presumably wants. and we request you exercise your powers on 271 00:29:47,360 --> 00:29:55,600 appeal to approve our request with these reasonable conditions. 272 00:29:53,440 --> 00:29:58,880 Now I understand we have to go as a lawyer have to go through this process 273 00:29:57,039 --> 00:30:04,399 of filing an appeal within 30 days and sending any item notice for various 274 00:30:00,720 --> 00:30:09,600 items and I understand that many people including lawyers come to y'all with 275 00:30:06,000 --> 00:30:13,440 problems. Uh we tried to solve this problem by coming up with this 276 00:30:10,880 --> 00:30:18,240 development agreement, you know, which would we believe would address all 277 00:30:15,279 --> 00:30:23,480 issues in one fell swoop and allow everyone to move on and get this project 278 00:30:20,480 --> 00:30:23,480 going. 279 00:30:23,679 --> 00:30:29,120 The important thing is that is a voluntary arrangement, something that we 280 00:30:26,960 --> 00:30:33,919 are offering to eliminate all the county's liability and risk. The sewer 281 00:30:31,440 --> 00:30:37,760 issue goes away. We've included a mechanism in here for the assisted 282 00:30:36,000 --> 00:30:42,480 living facility to stay on track for you. We ought to monitor and we have 283 00:30:39,919 --> 00:30:46,640 already released in advance any claims that we may have against y'all should 284 00:30:44,640 --> 00:30:50,159 y'all choose to exercise any remedies under that development agreement. That 285 00:30:48,880 --> 00:30:55,039 schedule requires continuous construction of that facility and 286 00:30:52,640 --> 00:30:58,640 continued oversight. It requires building permits, proof of financing, 287 00:30:56,880 --> 00:31:04,240 and commitment to construction on this facility before permits may issue. 288 00:31:01,919 --> 00:31:10,799 The real value for this development agreement is that this reszone has 289 00:31:07,840 --> 00:31:14,559 frozen this in time and we can't get any re, you know, site plans reviewed, field 290 00:31:13,039 --> 00:31:18,640 changes. We can't go through plans, review, and permitting. And it's our 291 00:31:16,960 --> 00:31:23,279 preference that this development agreement be approved tonight which 292 00:31:21,840 --> 00:31:28,080 allow us to withdraw our appeal and our reszone and allow us to continue our 293 00:31:25,760 --> 00:31:32,480 site work and be able to go through our plans review and permitting so that we 294 00:31:30,559 --> 00:31:36,960 can go vertical on this as quickly as possible. You know, we're aligning at 295 00:31:34,720 --> 00:31:41,039 the financing to go vertical on the entire project, including the assisted 296 00:31:39,600 --> 00:31:43,919 living facility. And once the financing is there for the assisted living 297 00:31:42,159 --> 00:31:47,760 facility, the whole project's going to happen. you do not need to worry about 298 00:31:45,600 --> 00:31:51,440 that. But the good thing is you don't have to trust me that y'all have an 299 00:31:49,679 --> 00:31:55,600 agreement in place with specific enforcement remedies. 300 00:31:53,760 --> 00:32:00,000 And so we're asking that you please approve the development agreement. I 301 00:31:57,200 --> 00:32:03,679 have copies if y'all need to review it again. We'd ask for you to approve that 302 00:32:02,240 --> 00:32:07,200 because that's the cleanest, simplest way to get this project going. And we 303 00:32:05,919 --> 00:32:10,799 hopefully have addressed all of your concerns. 304 00:32:08,960 --> 00:32:13,919 If there are any concerns that y'all have that feel have not been adequately 305 00:32:12,480 --> 00:32:19,440 addressed, the entire development team is here. You know, we can stay all night 306 00:32:16,799 --> 00:32:24,480 if we need to to get this done. But if y'all have any concerns, you know, I 307 00:32:22,240 --> 00:32:29,360 personally request a table of this appeal instead of a denial because we're 308 00:32:27,519 --> 00:32:33,360 trying to solve problems and trying to, you know, be good neighbors and be, you 309 00:32:31,120 --> 00:32:39,120 know, work through this without any unnecessary conflict. And again, if this 310 00:32:37,279 --> 00:32:44,080 is denied, that sets this on another time period for more conflict, more 311 00:32:41,360 --> 00:32:49,279 dispute that we're trying to avoid. So, we ask that you, you know, take a 312 00:32:47,360 --> 00:32:53,519 look at everything and realize we're not trying to change our use. We're not 313 00:32:51,600 --> 00:32:58,880 trying to skirt the rules and purposes of the sewer policy. You know, this was 314 00:32:55,919 --> 00:33:05,919 a this is the same project that was approved with much fanfare in 2020 and 315 00:33:02,880 --> 00:33:09,519 it got sidetracked by the pandemic, but we're back and we want to get this thing 316 00:33:07,360 --> 00:33:13,360 going. And if you'all have any questions for us, we're happy to answer them and 317 00:33:11,919 --> 00:33:16,559 happy provide copies of development agreement, this proposed resolution that 318 00:33:15,360 --> 00:33:20,720 prepared to show to your attorney earlier today. But we're just here to 319 00:33:18,880 --> 00:33:24,360 answer any concerns you may have. Thank you. 320 00:33:21,200 --> 00:33:24,360 » Thank you. 321 00:33:29,600 --> 00:33:36,200 All right. Does anyone else wish to speak for the administrative appeal? 322 00:33:36,399 --> 00:33:40,600 Does anyone wish to speak against? 323 00:33:41,840 --> 00:33:47,320 That will close public comments. Any questions from commissioners? 324 00:33:48,720 --> 00:33:55,760 » Yes, I have one. is uh this I direct this to the 325 00:33:53,840 --> 00:33:59,519 county attorney. What what has transpired? Anything he mentioned of 326 00:33:58,080 --> 00:34:04,640 development agreement? Is it different than what we'd already seen last week? 327 00:34:02,720 --> 00:34:10,000 There was a a slightly different version that came out. Um John and I talked 328 00:34:07,519 --> 00:34:15,119 about it and did not think that it had any 329 00:34:12,399 --> 00:34:20,000 was it it's significantly different in terms of what the board expressed 330 00:34:16,480 --> 00:34:25,520 concerns about. Um David has outlined it pretty well, 331 00:34:22,399 --> 00:34:30,320 » right? His his suggestion about tableabling the appeal, what what does 332 00:34:27,520 --> 00:34:35,839 that do to to the whole process? Help me understand that from your perspective. 333 00:34:32,000 --> 00:34:40,560 » Well, you could table it for um 30 days. Board wanted to continue talking about 334 00:34:38,320 --> 00:34:47,679 um the development agreement. So what and what David has proposed is that if 335 00:34:44,480 --> 00:34:51,280 you approve the appeal, you approve it with the condition being that the 336 00:34:49,200 --> 00:34:56,639 development agreement be entered into. >> I'll say that again now. So David is 337 00:34:53,280 --> 00:34:58,079 saying that if you approve his position, 338 00:34:57,760 --> 00:35:02,880 » okay, >> if you if you deny what the planning 339 00:35:00,240 --> 00:35:06,400 department said and uphold his position that it be done with the condition that 340 00:35:05,119 --> 00:35:12,560 the development agreement would be entered into by the county and the uh 341 00:35:09,520 --> 00:35:18,160 celebration village. So it in in essence would be the condition of the approval. 342 00:35:15,680 --> 00:35:23,040 But if we table it, does that give us an opportunity to to look at this tweaking 343 00:35:21,200 --> 00:35:27,400 that has happened to the development agreement since last week? 344 00:35:39,599 --> 00:35:52,040 I got a question. Uh, with what's been said, what is different 345 00:35:46,560 --> 00:35:52,040 from what I voted on in 2020? 346 00:35:52,240 --> 00:36:00,240 » They're proposing a different um timeline, I guess, from the original. 347 00:35:57,520 --> 00:36:05,359 The original showed first phase was going to be the assisted living memory 348 00:36:02,480 --> 00:36:10,720 care village. Second phase was going to be the bungalows. Now they're proposing 349 00:36:07,920 --> 00:36:17,920 that as one phase uh with the um exemptions I guess or the 350 00:36:15,440 --> 00:36:22,720 in the development agreement that I think gives them a a broader time 351 00:36:20,160 --> 00:36:28,240 frame within which to finish those facilities. 352 00:36:24,400 --> 00:36:31,480 um but still allows them to acquire cos to the bungalows. 353 00:36:34,800 --> 00:36:44,079 In addition to that, it's providing a third party service uh for the assisted 354 00:36:40,640 --> 00:36:47,440 living u component and that that was never in the mix 355 00:36:46,400 --> 00:36:52,240 originally. So >> So this third party where where is this 356 00:36:50,560 --> 00:36:54,400 third party? It would be 357 00:36:52,640 --> 00:36:58,320 » where do they hang their hat? >> That that's a good question for them, 358 00:36:55,920 --> 00:37:02,320 but I believe that's a contract position. 359 00:36:59,280 --> 00:37:08,000 » The question is this issue of third party 360 00:37:04,320 --> 00:37:13,119 » where where is that third party station? >> So it will be in uh I believe the uh the 361 00:37:10,560 --> 00:37:16,880 clubhouse will be the kind of the the I guess the base for these home home 362 00:37:14,800 --> 00:37:22,480 healthcare providers. Okay, let me 363 00:37:20,320 --> 00:37:28,599 I'm asking him. I'm asking him. Don't mind. If I need to talk to you, I'll ask 364 00:37:24,720 --> 00:37:28,599 you. Uh, 365 00:37:29,520 --> 00:37:38,400 so what we're talking about is there there will be no 366 00:37:34,640 --> 00:37:43,680 place where these kind of folks will be like a permanent they will be working 367 00:37:40,960 --> 00:37:49,040 out of something else. >> If I may ask uh what the developers. Let 368 00:37:46,800 --> 00:37:53,760 me follow. Let me Sure. Okay. >> Uh 369 00:37:51,280 --> 00:38:00,079 what happens if 370 00:37:55,599 --> 00:38:06,480 somebody like me, I'm over 70? Um I'm there, but I've got I'm beyond 371 00:38:04,720 --> 00:38:10,960 somebody coming over and checking my temperature and give me my my checking 372 00:38:08,400 --> 00:38:14,200 my blood pressure. Where what are you going to do? 373 00:38:14,320 --> 00:38:22,640 I mean, do you have a place for those folks that need some maybe 374 00:38:20,160 --> 00:38:25,520 at least a couch? >> So, I'm going to have to defer to 375 00:38:24,079 --> 00:38:27,760 » All right. Now, I'll ask you if you got if you want to 376 00:38:26,560 --> 00:38:30,920 » Paul, can you come up here and answer that question? 377 00:38:31,200 --> 00:38:37,040 » I'm Paul Azie. I'm the CEO of Active Senior Concepts. We're the developer of 378 00:38:35,440 --> 00:38:42,079 the project. So, um, 379 00:38:39,520 --> 00:38:47,520 to answer your question specifically, Commissioner Horton, we will have, um, 380 00:38:45,359 --> 00:38:52,720 before we finish construction of any of the bungalow units, 381 00:38:49,839 --> 00:38:56,160 we will have finished construction of our clubhouse building, our pool 382 00:38:54,800 --> 00:39:02,240 building, our amenities, outdoor amenities. That building will will house 383 00:39:00,160 --> 00:39:08,240 our third-party home care and home health care providers until the assisted 384 00:39:04,800 --> 00:39:13,119 living building is complete and open. We don't anticipate 385 00:39:10,400 --> 00:39:18,320 that. So, so if there's someone that needs more intense care, they're 386 00:39:16,400 --> 00:39:22,640 probably not a candidate to live in the bungalows. They would be a candidate to 387 00:39:20,320 --> 00:39:26,800 live in the village, which will be under construction. and as soon as that's 388 00:39:24,400 --> 00:39:31,839 available, they can move in there. Until then, from a public safety standpoint, 389 00:39:29,119 --> 00:39:35,040 we equip all of our units with a third-party emergency response if 390 00:39:33,680 --> 00:39:40,320 there's if there is any sort of emergency. And then if people need home 391 00:39:37,920 --> 00:39:45,599 care assistance, which is typically delivered under the assisted living 392 00:39:41,760 --> 00:39:49,520 license with bathing, dressing, um different things like that. That those 393 00:39:47,839 --> 00:39:52,880 are not medical services. an assisted living building, you cannot do medical 394 00:39:51,119 --> 00:39:57,200 services and we wouldn't propose to do that, but you can bring in those 395 00:39:55,119 --> 00:40:02,320 services through home health care, which most communities do. So, the point is we 396 00:40:00,560 --> 00:40:10,440 will have services available to our residents day one that need them. 397 00:40:07,200 --> 00:40:10,440 That's all. 398 00:40:13,119 --> 00:40:21,920 U let me follow up just the procedure here. I mean, uh, 399 00:40:20,160 --> 00:40:27,200 if we don't uphold the decision of the 400 00:40:25,040 --> 00:40:33,240 planning department, uh, what happens then, Mr. attorney. 401 00:40:34,320 --> 00:40:40,960 If you don't uphold the planning department's decision and 402 00:40:38,800 --> 00:40:45,359 you include the development agreement as part of the condition, 403 00:40:43,040 --> 00:40:47,839 um, okay. 404 00:40:45,760 --> 00:40:52,240 » Yeah, as I told y'all last week, I think the development agreement 405 00:40:49,728 --> 00:40:56,880 [clears throat] within the confines of can and celebration village team 406 00:40:54,960 --> 00:41:02,800 actually build out the project the way they proposed within the confines of 407 00:40:58,960 --> 00:41:08,079 that question. Um it it's about as good as you're going to get, I think. Um 408 00:41:05,520 --> 00:41:11,599 » but what he's proposing in this development group, you see y'all tweaked 409 00:41:09,680 --> 00:41:15,839 it, but I haven't seen the tweaks. I mean, so you're asking me to approve 410 00:41:13,520 --> 00:41:19,040 something I haven't seen or had a chance to digest. 411 00:41:16,800 --> 00:41:23,839 » If if you bearing in mind that that we're just talking about tweaks, we're 412 00:41:20,800 --> 00:41:28,160 not talking about any significant. Um, if you want to do that, I would 413 00:41:25,599 --> 00:41:31,440 recommend table so that we can go over that. Obviously, 414 00:41:30,319 --> 00:41:34,720 we weren't going to be able to go over it during the day. Well, I'm not going 415 00:41:33,119 --> 00:41:42,783 to stay here all night. I'm sorry, whoever said that out there. Uh, 416 00:41:38,960 --> 00:41:46,400 so if we uphold the decision [clears throat] 417 00:41:43,520 --> 00:41:54,960 of the planning department and deny the appeal, what's going to be celebration's 418 00:41:51,440 --> 00:41:59,839 next step? Well, I'd say two things. Uh, one, not that would not foreclose 419 00:41:58,000 --> 00:42:04,319 continuing work on the development, okay? If the board wanted to do that. 420 00:42:01,839 --> 00:42:11,119 » Number two, and David alluded to this, it starts a a timet for him. So that if 421 00:42:08,800 --> 00:42:14,640 he feels the need to Celebration Village feels the need to file a lawsuit, 422 00:42:12,880 --> 00:42:19,200 they've got to do it essentially within 30 days. Now, there's always the 423 00:42:16,560 --> 00:42:22,560 question about that 30 days from the minutes are approved. is that 30 days 424 00:42:21,280 --> 00:42:25,359 before acts. >> Um, and we could have some conversations 425 00:42:24,480 --> 00:42:30,079 about that, >> but the short answer is it starts a 426 00:42:27,599 --> 00:42:34,000 pretty short calendar that he's got to do. 427 00:42:30,800 --> 00:42:39,119 » Okay. Well, along the way, did I understand there's a another a reszone 428 00:42:37,280 --> 00:42:42,880 request out there just sitting out there and 429 00:42:40,720 --> 00:42:48,800 waiting on something or was it held up? What was that? There is a reason that's 430 00:42:45,359 --> 00:42:54,560 filed. Um, as Guy went through in his memo, um, just if it just stood on its 431 00:42:52,800 --> 00:42:58,160 own, it would not be moved forward now because the, 432 00:42:56,560 --> 00:43:04,720 uh, what guy, what did you call that? The, uh, sufficiency review, right? 433 00:43:01,359 --> 00:43:07,680 » Accuracy hasn't been responded to by the applicant. But the reason they haven't 434 00:43:06,000 --> 00:43:12,920 responded to it is because we've been working on the development agreement and 435 00:43:09,359 --> 00:43:12,920 this bill is 436 00:43:14,484 --> 00:43:18,760 » [clears throat] >> All right. 437 00:43:19,680 --> 00:43:27,599 » Can you explain to the rest of the board kind of the difference in what Mr. 438 00:43:25,680 --> 00:43:35,160 Ellison was talking about in the sewer policy? The difference of our staff 439 00:43:31,119 --> 00:43:35,160 opinion and his opinion. 440 00:43:37,200 --> 00:43:45,760 Uh there were two three differences. Which one are you asking about? 441 00:43:42,640 --> 00:43:53,760 » Well, I guess specifically about the phasing of the project and you know my 442 00:43:49,599 --> 00:43:59,280 understanding is that the the assisted living needs to be 443 00:43:56,400 --> 00:44:05,760 constructed in the beginning. the the the way the board approved the reszone 444 00:44:03,599 --> 00:44:09,440 meant that if the project was was constructed 445 00:44:07,520 --> 00:44:15,040 in accordance with the reszone, you would never have a concern that there 446 00:44:11,520 --> 00:44:20,720 were bungalows out there that never had an assisted living facility constructed 447 00:44:17,040 --> 00:44:25,040 to serve. So that meant the sewer policy could be honored and we were fairly 448 00:44:22,400 --> 00:44:30,480 certain of that. The concern that is expressed by memo by the planning 449 00:44:28,000 --> 00:44:35,440 department is if you flip it the other way around and the bungalows built first 450 00:44:33,200 --> 00:44:39,839 and for whatever reason finance or whatever the assisted living facility 451 00:44:37,839 --> 00:44:45,280 never gets built then we've inadvertently violated the sewer use 452 00:44:42,319 --> 00:44:50,240 policy waste policy by allowing bungalows built without having an 453 00:44:47,760 --> 00:44:57,680 assisted living facility then resident sewer which said 454 00:44:54,640 --> 00:45:04,720 Okay, Mr. Alison, can you address that? Um, what kind of asurances 455 00:45:01,280 --> 00:45:10,800 to OKone County, not just this board, but to the county that we are holding to 456 00:45:08,480 --> 00:45:17,119 that this development is going to move forward and build this development as 457 00:45:15,119 --> 00:45:21,920 they said they would. So that was the key revision we made to the development 458 00:45:18,880 --> 00:45:27,119 agreement uh last week was that when this whole process started, our goal was 459 00:45:24,880 --> 00:45:32,160 let's go ahead and start the bungalows and then uh then we'll do the AL 460 00:45:29,440 --> 00:45:37,920 facility later. Now what we're proposing is that we cannot start on the bungalows 461 00:45:35,440 --> 00:45:42,000 until we have the permit on the assisted living facility, the funding on the 462 00:45:40,480 --> 00:45:46,800 assisted living fac and really the whole project which includes the assist living 463 00:45:43,440 --> 00:45:52,079 facility and continuous construction. So once the funding hits for the whole 464 00:45:48,880 --> 00:45:56,319 project then it's going to get built. is gonna get built and there's not going to 465 00:45:53,520 --> 00:46:00,640 be this lag, you know, of basically, hey, we're gonna build these bungalows 466 00:45:58,160 --> 00:46:05,040 now and then wait for financing for the whole project. So, that's what we 467 00:46:02,160 --> 00:46:09,839 proposed in that this latest version to try to address that issue. In the 468 00:46:06,880 --> 00:46:13,839 meantime, we also included, you know, other language with the CEOs as well, 469 00:46:11,920 --> 00:46:18,560 basically allows y'all to revoke it. But, uh, that's that was the main switch 470 00:46:16,000 --> 00:46:24,400 to address that concern. >> One other question with that. Um, so 471 00:46:22,400 --> 00:46:30,319 with that in mind, if your your intention is is to fully fund everything 472 00:46:27,680 --> 00:46:32,480 and continue with the project, why would you need to make a change in the 473 00:46:31,839 --> 00:46:36,400 phasing? >> I'm sorry. Why would I need what 474 00:46:34,000 --> 00:46:39,680 » to make a change in the phasing of the project? 475 00:46:37,520 --> 00:46:44,079 » We're just doing one phase now. So originally it was two phases and so now 476 00:46:42,240 --> 00:46:49,680 it was assisted living facility and then bungalows and now we're just doing one 477 00:46:47,040 --> 00:46:54,160 phase. It's just like uh Presbyterian Village where we you know we start off 478 00:46:51,440 --> 00:46:57,520 with um the assist living facility and our goal would be to get those uh 479 00:46:55,760 --> 00:47:01,760 bungalows that we already have contracts for 480 00:46:59,359 --> 00:47:06,240 begun construction only after we have financing begun on the assisted living 481 00:47:04,000 --> 00:47:10,480 facility. >> Are you saying 482 00:47:08,560 --> 00:47:15,920 I'm trying somewhat confusing? 483 00:47:13,119 --> 00:47:21,440 » I'm going by what was we agreed to in 2020. 484 00:47:18,160 --> 00:47:27,440 And that was the the health facilities and stuff comes first. And I'm not 485 00:47:24,400 --> 00:47:32,960 hearing that now. I'm hearing that we'll have people 486 00:47:29,359 --> 00:47:38,079 somewhere on grounds to take care. But you still looks like the bungalows are 487 00:47:35,760 --> 00:47:40,560 coming first. >> They're going to be starting it. We're 488 00:47:39,680 --> 00:47:43,760 going to start construction of the bungalows after the assisted living 489 00:47:42,160 --> 00:47:48,640 facility. I mean, we're going to So, originally was assisted living facility 490 00:47:45,920 --> 00:47:52,960 amenities first and then bungalows. Now, we want to get started on everything. 491 00:47:51,200 --> 00:47:56,160 You know, this project's taking long enough. We're going to have financing to 492 00:47:54,560 --> 00:47:59,440 construct everything. We just want to do everything in one phase. 493 00:47:57,200 --> 00:48:04,960 » Now, you said the the financing is covering everything. You got one 494 00:48:02,240 --> 00:48:08,160 provider or two or three folks. 495 00:48:05,920 --> 00:48:12,640 » Yeah. The the loan when the financing hits, it'll be for the entire project. 496 00:48:11,119 --> 00:48:16,400 Well, so how many people could be living in a bungalow before the assisted living 497 00:48:14,880 --> 00:48:21,760 is completed? >> How many people in the bungalows versus 498 00:48:20,240 --> 00:48:25,839 » you follow your plan? How many people could be living in there before assisted 499 00:48:24,240 --> 00:48:30,920 living license is achieved? 500 00:48:27,440 --> 00:48:30,920 » What's all that? 501 00:48:36,640 --> 00:48:42,319 » So they're 96 units the bungalows out of a total of 398. 502 00:48:43,359 --> 00:48:50,920 And if y'all want to >> What's your construction time on 503 00:48:46,240 --> 00:48:50,920 assisted living? Is it still 42 months? 504 00:48:51,839 --> 00:48:54,839 » 24. 505 00:48:55,280 --> 00:49:02,280 » Say that again. >> He said 24 months to build this this 506 00:48:58,400 --> 00:49:02,280 living once it's parked. 507 00:49:07,119 --> 00:49:12,480 But the bottom line is you're going to have people out there living before this 508 00:49:10,400 --> 00:49:17,359 other part's finished. I >> mean, there will be a difference in time 509 00:49:14,079 --> 00:49:23,200 between we have a CO on the assisted living facility before we have, you 510 00:49:20,480 --> 00:49:26,880 know, we there will be a period of time where there are COs 511 00:49:25,200 --> 00:49:30,160 before on the bungalows before the assisted living facility is constructed. 512 00:49:29,280 --> 00:49:33,520 We acknowledge that. >> That's not what we agreed to in 2020. 513 00:49:32,400 --> 00:49:38,079 Correct. >> Correct. That's all I need to 514 00:49:35,920 --> 00:49:42,480 » and that's why we're asking ultimately it's the same use, same intensity and 515 00:49:40,319 --> 00:49:46,319 that's why we're asking for this opportunity to move forward. 516 00:49:44,480 --> 00:49:52,000 » Yeah, we understand we understand it's changed. 517 00:49:48,880 --> 00:49:57,119 » Yeah, but that's not what I agreed to. So you what you're saying is back in 518 00:49:54,960 --> 00:50:03,920 2020 that doesn't count anymore. >> It counts. doesn't seem to me to I tell 519 00:50:00,000 --> 00:50:10,079 you what I will vote to go with the u 520 00:50:06,800 --> 00:50:13,640 planning director or I'll table but but not approve it 521 00:50:15,200 --> 00:50:23,280 because we just going we just keep going back over what is clear to me is what I 522 00:50:20,720 --> 00:50:28,800 agreed to what celebration village agreed to you don't want to do now and I 523 00:50:26,319 --> 00:50:35,599 don't really care what happened with COVID or any other kind of thing. David, 524 00:50:31,359 --> 00:50:40,559 it it's this is what I agree to and we have spent hours and hours and hours 525 00:50:38,079 --> 00:50:45,119 listening to one way or the other. All I want you to do is what you agree to. 526 00:50:42,800 --> 00:50:49,280 Real simple. >> We we understand [clears throat] 527 00:50:47,040 --> 00:50:54,640 we understand that. But you have the power to look at this again and say this 528 00:50:52,160 --> 00:50:56,640 project right now meets those same intentions. 529 00:50:55,359 --> 00:51:02,000 » And I don't think it does. I haven't heard you say that. And and so the other 530 00:50:58,880 --> 00:51:06,720 thing is we I think we have said over and over about our sewer policy, 531 00:51:04,240 --> 00:51:11,359 wastewater policy, whatever you want to. And we got other people we look at, 532 00:51:09,520 --> 00:51:14,559 okay, we do this. Well, why don't you do this for me? 533 00:51:13,040 --> 00:51:21,359 » Well, we do this for me. >> We've tried to narrow this down so it 534 00:51:17,760 --> 00:51:25,440 essentially cannot apply to anyone else. >> Let me tell you something. I've heard 535 00:51:22,800 --> 00:51:29,839 enough developer types to say this is not a precedent and they come right back 536 00:51:28,079 --> 00:51:33,760 at you. So I don't buy that. I please don't 537 00:51:32,000 --> 00:51:38,880 don't waste my time like Amry. I'm not going to stay here all night about this 538 00:51:35,040 --> 00:51:45,200 stuff. It's all I'm asking you do what you said you'd do in 2020. 539 00:51:42,000 --> 00:51:51,599 Period. Period. I'm think Mr. Chairman. Let me just offer a suggestion. I think 540 00:51:47,200 --> 00:51:57,520 that in light of the uh conversation, I think it um 541 00:51:55,280 --> 00:52:03,839 we affirm the decision the planning director that starts the clocks for for 542 00:52:00,960 --> 00:52:08,079 the celebration folks to go through the legal process and I think that would 543 00:52:06,240 --> 00:52:12,319 probably be better than postponing another 30 days because I don't think 544 00:52:09,599 --> 00:52:17,760 they're going to change anybody in the next 30 days. So, I mean, if we 545 00:52:15,760 --> 00:52:24,720 if we uphold the planning director's decision, then the clock starts for Mr. 546 00:52:21,200 --> 00:52:27,280 Ellison. Correct. Okay. I don't think we're going to get this 547 00:52:26,000 --> 00:52:33,119 worked out tonight, D. >> All right. So, we need either a motion 548 00:52:28,640 --> 00:52:36,319 to affirm for the planning department or reverse the planning department or to 549 00:52:34,960 --> 00:52:40,440 table this action. >> I'll make a motion to affirm. 550 00:52:40,559 --> 00:52:47,680 Second. where we have a motion to affirm the 551 00:52:45,680 --> 00:52:51,920 decision of the plan director and appeal P26-0182 552 00:52:49,680 --> 00:52:56,720 based upon the applicable provisions of OKone County Unified Development Code, 553 00:52:54,800 --> 00:53:01,800 the codes and policies of OKone County in the terms and conditions of reszone 554 00:52:58,800 --> 00:53:01,800 P19-000065. 555 00:53:02,240 --> 00:53:10,520 Is there any discussion? All in favor? I. Any opposed? Motion 556 00:53:07,520 --> 00:53:10,520 carries. 557 00:53:12,559 --> 00:53:16,720 All right. Now, we're going to talk about some text amendments to the 558 00:53:14,800 --> 00:53:24,720 Unified Development Code for articles 1, 2, 3, 5, 6, 10, 11, and 12. 559 00:53:22,400 --> 00:53:29,200 Thank you, Mr. Chairman, commissioners. Again, you have attached uh a copy in 560 00:53:27,040 --> 00:53:35,040 your packets for proposed amendments to article 1, 2, 3, 5, 6, 10, 11, and 12 of 561 00:53:32,319 --> 00:53:39,359 the unified development code uh for your consideration. Number one, amendment to 562 00:53:37,920 --> 00:53:43,280 modify the boundary of the Marsville Overlay District to extend from the 563 00:53:41,280 --> 00:53:47,599 intersection with Dan's Bridge Road south to the intersection with Ranken 564 00:53:45,200 --> 00:53:52,000 Road. This change will have revisions to section 20604B, 565 00:53:50,319 --> 00:53:56,480 Mars Hill overlay district boundaries and applicability and the Mars Hill 566 00:53:54,000 --> 00:54:00,480 overlay district map. Number two, amendment to clarify that a 567 00:53:57,839 --> 00:54:06,319 recombination plaid is allowed to create a lot or lots that do not meet minimum 568 00:54:03,200 --> 00:54:11,520 lot size if a non-conformity is being reduced. This change will have revisions 569 00:54:09,280 --> 00:54:15,760 to section 10704B treatment of non-conforming lots. And 570 00:54:13,359 --> 00:54:21,760 number three, the amendment to clarify that the on the final plat uh on a final 571 00:54:19,359 --> 00:54:27,200 plat sizes of each lot shall be shown within the lot and on a lot table. The 572 00:54:25,359 --> 00:54:33,359 lot table shall also indicate the minimum buildable area. This change will 573 00:54:29,680 --> 00:54:38,000 have revisions to section 1230 contents of final plat. 574 00:54:35,760 --> 00:54:43,599 Number four, amendment to require sanitary sewer lift stations to be uh 575 00:54:40,960 --> 00:54:47,520 public sanitary list public sanitary sewer lift stations to be on a separate 576 00:54:45,440 --> 00:54:54,720 utility lot. This change will have revisions to section 502 definitions 577 00:54:49,920 --> 00:55:01,599 related to subdivisions and 1016604 at 1604 sanitary sewage disposal. 578 00:54:59,920 --> 00:55:05,280 Number five, amendment to clarify the process for the recording of storm water 579 00:55:03,440 --> 00:55:09,920 maintenance agreements to indicate Okone County Records records the agreement not 580 00:55:08,000 --> 00:55:15,599 the owner. This change will have revisions to section 111613C, 581 00:55:13,599 --> 00:55:20,720 storm water management inspection inspection and maintenance agreements 582 00:55:18,000 --> 00:55:25,359 and section 111713A, storm water management inspection and 583 00:55:23,040 --> 00:55:29,119 maintenance agreements. Number six, amendment to require storm water ponds 584 00:55:26,960 --> 00:55:33,440 for new subdivision developments to be on a separate utility lot or within open 585 00:55:31,839 --> 00:55:38,960 space and owned by a property association owners association. The 586 00:55:36,640 --> 00:55:42,720 requirement for stormwater pond location on a separate parcel will not apply to 587 00:55:41,119 --> 00:55:48,559 subdivisions or developments in commercial OIP OBP B1B2 or industrial 588 00:55:46,400 --> 00:55:53,280 zoning districts. This change will have revisions to section 502 definitions 589 00:55:51,040 --> 00:56:00,040 related to subdivisions section 10039 590 00:55:55,920 --> 00:56:00,040 lots and section 1163 591 00:56:00,240 --> 00:56:06,559 standards for storm water management. Number seven, amendment to clarify that 592 00:56:04,640 --> 00:56:11,200 the enclosure doors for trash and dumpster service areas shall be painted 593 00:56:08,480 --> 00:56:16,559 black with metal steel doors. This change will have revisions to section 594 00:56:13,040 --> 00:56:20,880 30601, screening of dumpsters. Number eight, amendment to allow sports 595 00:56:18,640 --> 00:56:24,160 and recreation instruction cheer recreational training facilities to be 596 00:56:22,480 --> 00:56:27,839 allowed in the office institutional professional district by right. This 597 00:56:26,240 --> 00:56:32,160 change will have revisions to section 20508D 598 00:56:29,680 --> 00:56:37,359 OIP office institutional professional district and table 2.1 principal uses 599 00:56:34,559 --> 00:56:41,440 allowed by zoning district. Number nine, amendment to clarify and align with 600 00:56:39,280 --> 00:56:46,880 environmental health policy that for any subdivision lot that that exceeds 3 601 00:56:44,640 --> 00:56:51,280 acres, environmental health approval is not required until the building permit 602 00:56:49,040 --> 00:56:56,240 is submitted. If there is an existing residence with an on-site septic, the 603 00:56:53,680 --> 00:57:01,359 location of the system shall be located by a surveyor. This amendment will have 604 00:56:58,559 --> 00:57:07,760 revisions to section 122108 on-site septic plans and section 1215 605 00:57:04,319 --> 00:57:11,359 minor subdivisions. Number 10, amendment to indicate that a cottage food 606 00:57:09,440 --> 00:57:14,960 establishment as defined by the Georgia Department of Agriculture would qualify 607 00:57:13,040 --> 00:57:19,040 as an accessory residential use under the home office requirements. This 608 00:57:17,040 --> 00:57:24,640 amendment will have revisions to section 3501 home office. A number 11 amendment 609 00:57:22,799 --> 00:57:29,520 to clarify that when an interparial access easement is provided, a parking 610 00:57:27,200 --> 00:57:36,319 setback is not required for interior lot lines. This change will have provisions 611 00:57:31,760 --> 00:57:41,640 to section 60704 setback requirements. I'll be glad to answer any questions if 612 00:57:37,920 --> 00:57:41,640 you have any. Thank you. 613 00:57:42,240 --> 00:57:46,200 » Any questions from commissioners? 614 00:57:46,799 --> 00:57:50,599 We have any public comment? 615 00:57:50,720 --> 00:57:58,720 » Believe we're ready for a motion. >> Make a motion to approve the text 616 00:57:55,760 --> 00:58:01,359 amendments as presented. >> Motion second. All in favor? 617 00:58:00,720 --> 00:58:05,839 » I. >> Motion carries. Next item is consider 618 00:58:03,520 --> 00:58:10,000 appointments to the recreation advisory committee. 619 00:58:06,880 --> 00:58:15,839 » Mr. Chairman, I recommend we appoint this board recommends for full formation 620 00:58:11,680 --> 00:58:20,240 to begin 10126 fire 93028. We uh we'd like to appoint uh Richard H. Ashmore, 621 00:58:17,760 --> 00:58:23,240 Patrick Sneed, Wesley Scott, and Gills Marie. 622 00:58:24,079 --> 00:58:29,680 » Second. We have a motion second. All in favor? 623 00:58:27,680 --> 00:58:32,079 » Motion carries. Next item is consider appointments to the Family and 624 00:58:30,640 --> 00:58:37,200 Children's Services Board. >> Mr. Chairman, I'd be happy to uh 625 00:58:35,359 --> 00:58:43,280 recommend the appointment that starts immediately. We'll end June 30th of 626 00:58:39,280 --> 00:58:45,680 2030. Uh Ann at Scotland. >> Second. 627 00:58:44,160 --> 00:58:46,960 » We have a motion and second. All in favor? 628 00:58:46,240 --> 00:58:50,799 » I. >> Motion carries. Does any commissioner 629 00:58:49,359 --> 00:58:54,960 wish any item to be removed from the consent agenda? 630 00:58:52,960 --> 00:58:59,119 Hear none. We'll entertain a motion. Mr. >> Chairman, I make a motion we approve the 631 00:58:56,240 --> 00:59:01,680 consent agenda as submitted. >> Second. 632 00:58:59,760 --> 00:59:05,200 » Have a motion and second. All in favor? I motion carries. We have no need of 633 00:59:03,839 --> 00:59:07,359 executive session. So, Commissioner Saxon 634 00:59:05,680 --> 00:59:10,680 » motion adjourn. Second. >> We are adjourned.