1
00:00:29,940 --> 00:00:35,920
I'll call to order the September 3rd, would stop planning commission meeting. And as a first

2
00:00:35,920 --> 00:00:41,040
or a business, if you would please make sure your phones are silent, we'd appreciate that. And

3
00:00:41,040 --> 00:00:44,100
then if you are able, we'd like you to stand for the pledge of allegiance.

4
00:01:07,880 --> 00:01:08,880
And for the record,

5
00:01:09,360 --> 00:01:14,340
we only have four commissioners here tonight. We do have a quorum, but Mr. Raleigh is absent,

6
00:01:14,780 --> 00:01:21,040
commissioner Laney, and then commissioner Roth is not here as well for the record. For those

7
00:01:21,040 --> 00:01:25,700
of you here tonight for the first time are unfamiliar with the planning commission process.

8
00:01:26,500 --> 00:01:31,320
We planning commissioners are appointed by your elected representatives, so it's Council

9
00:01:31,320 --> 00:01:37,100
member and the mayor get one appointment to the planning commission, so we are appointees.

10
00:01:37,440 --> 00:01:41,320
Whatever we decide here tonight is just a recommendation, so the votes we make here tonight

11
00:01:41,320 --> 00:01:47,020
is a recommendation to city council, and all the cases you here tonight here will go

12
00:01:47,020 --> 00:01:51,100
to City Council and they will be the final determining vote in these cases here.

13
00:01:51,480 --> 00:01:52,100
So I'll tell you that.

14
00:01:52,260 --> 00:01:56,140
So if you are interested and want to keep following, I encourage you to do that to follow

15
00:01:56,140 --> 00:02:00,800
the long reach out to your elected representatives, your council member and your mayor as

16
00:02:00,800 --> 00:02:03,940
well as you see fit as you follow along in this process.

17
00:02:05,120 --> 00:02:11,140
For tonight, how this will go, for each case that comes up, first the staff will get up,

18
00:02:11,140 --> 00:02:21,980
They will present their analysis of the case, and then the applicant will come forward, they'll be allowed to present their case, what they would like to do as the planning commissioners hear that.

19
00:02:22,600 --> 00:02:35,080
Then planning commissioners will have a chance to ask questions of staff and the applicant, and then finally the most important part, which is the public hearing, we will open that up, and that is your chance, your opportunity for you to public to comment on these cases.

20
00:02:35,740 --> 00:02:41,400
With each case, we will have an opposition in a support or in support, if I should say.

21
00:02:41,920 --> 00:02:45,520
So for each one, though, I want to make this very clear that for each case here tonight, we

22
00:02:45,520 --> 00:02:51,040
will have 15 minutes allotted for those in opposition and 15 minutes allotted for those in support

23
00:02:51,040 --> 00:02:51,400
of.

24
00:02:51,420 --> 00:02:52,840
And that is a maximum time.

25
00:02:53,660 --> 00:02:57,220
So I just want you to think about that if there's, if there's many of you here for a certain

26
00:02:57,220 --> 00:02:58,780
case, you may want to consider that.

27
00:02:58,780 --> 00:03:02,380
If you want to have a representative speak and then other people speak as time is allowed.

28
00:03:02,380 --> 00:03:08,100
But we do stick to that and that is in our city bylaws, but also so we can keep the meeting moving along.

29
00:03:08,200 --> 00:03:11,740
We do have a few cases here tonight, and that is to keep it moving along to orderly.

30
00:03:11,820 --> 00:03:15,280
So we do appreciate your time, your patience with that as we move along here.

31
00:03:16,280 --> 00:03:19,580
With that, there is a sign-up sheet over here, if you would like to speak.

32
00:03:19,820 --> 00:03:21,680
I encourage you to sign up over there.

33
00:03:21,880 --> 00:03:26,020
Again, there's an opposition and a support side of that for each case here tonight.

34
00:03:26,640 --> 00:03:32,020
And then the other thing I'd like to mention, because I do know that zoning land development land use cases,

35
00:03:32,020 --> 00:03:36,060
can be emotional. So we do ask that we want you to speak your opinion,

36
00:03:36,200 --> 00:03:40,840
want you to give us your comments. Please only address those to myself and the other commissioners up here.

37
00:03:41,180 --> 00:03:46,920
But also please keep it respectful. We understand a world of culture and many times we,

38
00:03:46,920 --> 00:03:49,920
like I said, it doesn't get emotional, but let's keep our comments respectful,

39
00:03:50,580 --> 00:03:54,180
factual, and what you'd like to say there. With that as well,

40
00:03:54,520 --> 00:03:58,180
we do ask that members of the audience please keep it down and know, you know,

41
00:03:58,180 --> 00:04:00,540
shallots, outbursts, nothing like that.

42
00:04:00,680 --> 00:04:04,200
Do you realize if it does get out of hand and I do have to stop it, that is taken away from

43
00:04:04,200 --> 00:04:05,020
your time to speak.

44
00:04:05,140 --> 00:04:09,420
So highly encouraged, you please follow that and I'm sure we will not have a problem with

45
00:04:09,420 --> 00:04:12,280
that and I appreciate your patience and following that understanding.

46
00:04:13,460 --> 00:04:18,860
So moving along, first order of a business is the approval of the August 6 planning commission

47
00:04:18,860 --> 00:04:19,780
meeting minutes.

48
00:04:20,000 --> 00:04:23,760
Commissioners, have you had a chance to review, do you have any requested changes or additions?

49
00:04:24,740 --> 00:04:28,000
Seeing none is our emotion on the August 6 minutes.

50
00:04:28,580 --> 00:04:31,260
I'll make the most of them through the minutes.

51
00:04:31,380 --> 00:04:32,460
Most of you approve?

52
00:04:35,120 --> 00:04:35,600
Second.

53
00:04:35,600 --> 00:04:36,660
Second by Commissioner Smith.

54
00:04:36,800 --> 00:04:38,100
Any comments discussion?

55
00:04:38,980 --> 00:04:41,200
Seeing none, all those in favor please raise your hand.

56
00:04:41,740 --> 00:04:44,080
That vote is unanimous as minutes will pass.

57
00:04:44,780 --> 00:04:46,540
Moving on to our public hearing cases.

58
00:04:46,540 --> 00:04:50,080
We have up first is going to be zoning case 1-7-4-26.

59
00:04:50,420 --> 00:04:52,980
Zoning condition amendment for whole work with stock.

60
00:04:52,980 --> 00:04:54,360
and that is misnatally.

61
00:05:04,530 --> 00:05:10,490
Good evening, commissioners. Tonight, and presenting you with a condition amendment request for

62
00:05:10,490 --> 00:05:15,250
holdbrook, would stock located at 1, 3, 6, 8, 2, highway 92.

63
00:05:19,520 --> 00:05:20,340
Holdbrook would stock

64
00:05:20,340 --> 00:05:26,440
is situated on a 20.4 acre lot located at the intersection of highway 92 in Mountainbrook Parkway.

65
00:05:27,080 --> 00:05:32,100
The site is zone general commercial and lies within the Parkway overly district. It is currently

66
00:05:32,100 --> 00:05:37,240
developed as a retirement community with a mix of residential unit types. The applicant is

67
00:05:37,240 --> 00:05:40,420
a condition amendment to increase the allowable number of units.

68
00:05:43,260 --> 00:05:44,460
This parcel was annexed into

69
00:05:44,460 --> 00:05:50,300
the city in 2002 as part of the Mountainbrook Master Plan community since then it's undergone

70
00:05:50,300 --> 00:05:57,120
two rounds of condition amendments. The 2015 zone in case focused specifically on this parcel

71
00:05:57,120 --> 00:06:02,700
rather than the broader Mountainbrook area. It established a senior living use set the original unit

72
00:06:02,700 --> 00:06:09,340
at 270 required a 50-foot buffer along the southern property line and granted variants related to

73
00:06:09,340 --> 00:06:16,880
building height materials and parking. Then in 2017, two of those conditions were revised. The

74
00:06:16,880 --> 00:06:22,460
maximum unit count was increased to 299 and a variance to the streetscape standards for the

75
00:06:22,460 --> 00:06:23,940
Parkway overlay was approved.

76
00:06:26,490 --> 00:06:31,330
This table shows how the 299 unit cap is distributed across the unit

77
00:06:31,330 --> 00:06:35,990
and compares the units allowed by zoning to the units actually built.

78
00:06:37,490 --> 00:06:40,870
As you can see, the current development is 17 units under its entitlement.

79
00:06:41,510 --> 00:06:44,790
Based on the approved conditions, there allowed an additional eight independent

80
00:06:44,790 --> 00:06:48,470
retirement living units and nine independent cottages by-right.

81
00:06:49,450 --> 00:06:51,330
However, the applicant is seeking to expand.

82
00:06:53,390 --> 00:06:59,270
This next slide breaks down the applicant's request relative to the number of units already constructed.

83
00:06:59,270 --> 00:07:05,670
Ashen on the table, the proposal adds 63 independent living units and two cottages to the existing development.

84
00:07:09,040 --> 00:07:13,500
This slide shows the change relative to the units allowed under the existing zoning.

85
00:07:14,080 --> 00:07:18,440
The applicant's request would raise the cap on independent living units by 46,

86
00:07:19,000 --> 00:07:22,420
while reducing the number of cottages by 7.

87
00:07:24,980 --> 00:07:28,420
This slide just summarizes the last two slides for reference.

88
00:07:28,420 --> 00:07:29,440
To

89
00:07:32,450 --> 00:07:36,570
accommodate the additional units, the project includes a new two-story parking garage.

90
00:07:37,030 --> 00:07:44,010
With this added capacity, the 2015 variants allowing an 8% reduction in required parking is no longer necessary.

91
00:07:44,890 --> 00:07:51,250
This table shows the LDO required minimum in maximum parking counts based on the minimums for each use.

92
00:07:51,610 --> 00:07:55,430
The medical office and health club are included because they are open to the public.

93
00:07:56,390 --> 00:08:01,750
While the code sets minimum parking by use and allows up to 10% over the minimum, this project

94
00:08:01,750 --> 00:08:05,630
qualifies for additional parking allowances through features like pervious pavement and

95
00:08:05,630 --> 00:08:08,570
electric vehicle charging, as shown in the total.

96
00:08:12,690 --> 00:08:14,130
There are two buffers along the southern

97
00:08:14,130 --> 00:08:18,650
property line, a 50-foot buffer established through zoning conditions, and a 45-foot buffer

98
00:08:18,650 --> 00:08:23,410
required by the LDL. The applicant has withdrawn their initial request to reduce the buffers

99
00:08:23,410 --> 00:08:26,010
in order to accommodate the two additional cottage units.

100
00:08:29,300 --> 00:08:30,800
The city's council policy sets

101
00:08:30,800 --> 00:08:35,940
guideline that senior living units should make up no more than 5% of the city's overall housing stock.

102
00:08:36,620 --> 00:08:44,040
Right now, senior housing represents 5.9% with the proposed units that number would

103
00:08:44,040 --> 00:08:46,260
raise to roughly 6.1.

104
00:08:46,620 --> 00:08:50,880
Staff evaluated this request in the context of the policy and determined that adding units within

105
00:08:50,880 --> 00:08:55,900
the existing campus rather than expanding outwards, ports and more efficient use of land,

106
00:08:56,540 --> 00:08:59,500
and avoids placing additional demand on other available areas.

107
00:09:01,740 --> 00:09:08,660
At the July 7th meeting, the DPC unanimously voted to recommend approval of the request with updated zoning conditions.

108
00:09:09,760 --> 00:09:13,860
Because these new conditions replace the earlier ones, the previous conditions are still included,

109
00:09:15,040 --> 00:09:17,080
and each changes from the earlier conditions are highlighted.

110
00:09:17,960 --> 00:09:23,480
These revisions clarify that the updated conditions replace the previous ones, memorializes the site plan,

111
00:09:23,620 --> 00:09:30,520
the DPC used for its recommendation, and clarifies that zoning requirements take precedence over substantial similarity to the plan.

112
00:09:32,760 --> 00:09:38,140
Condition 3 was updated to reflect the requested increase in the total unit cap.

113
00:09:41,410 --> 00:09:45,530
Condition 6 was initially revised to accommodate the applicants for post-buffer reduction.

114
00:09:46,530 --> 00:09:50,070
Since that request has now been withdrawn, staff recommends reverting the condition back

115
00:09:50,070 --> 00:09:51,490
to the original 50-foot buffer.

116
00:09:54,520 --> 00:09:59,060
In the previous conditions of approval, condition 10 allowed an 8% reduction in required parking.

117
00:09:59,060 --> 00:09:59,960
the deep.

118
00:10:01,740 --> 00:10:08,280
So that it memorializes the parking totals shown in the site plan that was reviewed and recommended by the DPC.

119
00:10:12,070 --> 00:10:17,230
Condition 14 was also originally added to accommodate the buffer variance request and has since been removed.

120
00:10:18,290 --> 00:10:19,610
Well, it is recommended to be removed.

121
00:10:19,950 --> 00:10:27,690
Excuse me. Condition 15 requires the applicant to install a left-turn lane from Mountainbrook Parkway onto highway 92 pending G.A. approval.

122
00:10:27,690 --> 00:10:33,050
And lastly, conditions 16 was included after discussions about a possible gated entry.

123
00:10:33,570 --> 00:10:38,230
This is a standard DPC condition for any development considering gates to ensure fire safety.

124
00:10:41,540 --> 00:10:44,900
And with that, I'm happy to answer any questions you may have in the applicant is here tonight,

125
00:10:44,900 --> 00:10:46,020
as well.

126
00:10:47,200 --> 00:10:47,800
Okay, thank you, Natalie.

127
00:10:48,020 --> 00:10:50,400
Commissioner's any questions for staff at this time.

128
00:10:53,020 --> 00:10:53,220
Okay.

129
00:10:53,380 --> 00:10:53,840
Thank you.

130
00:10:53,940 --> 00:10:54,620
Thank you.

131
00:11:02,710 --> 00:11:03,670
Good evening for the record.

132
00:11:03,670 --> 00:11:04,970
My name is Park Soff with SAMHSA.

133
00:11:04,970 --> 00:11:07,770
I'm working enough and I represent the applicant in regards to this

134
00:11:07,770 --> 00:11:12,110
amending previous zoning conditions and I'm going to make a short

135
00:11:12,110 --> 00:11:16,150
presentation and then reserve some time because I know we have some

136
00:11:16,150 --> 00:11:19,150
residency with some questions and concerns and I want to address those

137
00:11:19,150 --> 00:11:24,330
afterwards so I'm going to reserve some of my time afterwards. So this is

138
00:11:24,330 --> 00:11:29,410
an opportunity to add and as your staff said add to an existing and

139
00:11:29,410 --> 00:11:34,330
very successful senior housing project. One of the interesting

140
00:11:34,330 --> 00:11:41,570
information, that information that I think is worth remembering is right now, Cherokee County

141
00:11:41,570 --> 00:11:51,610
is 5% 75 and older. That's today. By 2050, which is tomorrow in planning and building

142
00:11:51,610 --> 00:11:58,430
terms, that will be 12% 75 and older. Let me repeat that because when I heard it, I'm like,

143
00:11:58,430 --> 00:11:59,550
This can't be true.

144
00:12:00,210 --> 00:12:05,470
5% of your population is 75 and older by 20, 50, 12%.

145
00:12:05,470 --> 00:12:07,030
And that's just aging population.

146
00:12:07,190 --> 00:12:08,290
That's not people moving in.

147
00:12:08,570 --> 00:12:10,610
That's your population is aging.

148
00:12:11,710 --> 00:12:15,090
And so we have to be very serious and intentional about

149
00:12:15,090 --> 00:12:18,770
housing that increase in senior population

150
00:12:19,190 --> 00:12:22,170
that has been growing and will continue to grow and accelerate.

151
00:12:22,650 --> 00:12:24,290
So the opportunity to be able to do this

152
00:12:24,290 --> 00:12:26,150
on existing campus is helpful.

153
00:12:26,150 --> 00:12:34,370
I can say from a public safety standpoint that puts people that might need EMS services closer

154
00:12:34,370 --> 00:12:36,830
together in a consistent area.

155
00:12:38,030 --> 00:12:45,350
The whole group community has multiple services that they provide there, not only are they

156
00:12:45,350 --> 00:12:50,770
caught, they have cottages, they have independent living, they have memory care and assisted

157
00:12:50,770 --> 00:12:51,110
living.

158
00:12:51,110 --> 00:13:02,230
They have many elements of care that's also provided there, but they also within their campus provide other things such as a spa that is open to the general public.

159
00:13:02,490 --> 00:13:12,110
They also have a restaurant, it wasn't showing up there, they have a restaurant that is also open to non-residents to eat at.

160
00:13:13,110 --> 00:13:18,150
And so they have all these other services that they provide there.

161
00:13:18,730 --> 00:13:25,070
And this is a rendering showing the building that would be proposed to be added behind the existing building.

162
00:13:25,570 --> 00:13:27,230
So this is the existing campus.

163
00:13:27,350 --> 00:13:32,290
So you can see the cottages along the right hand side that line 92,

164
00:13:33,030 --> 00:13:36,770
the main building and the other building that are facing 92.

165
00:13:36,770 --> 00:13:44,050
And then behind that is a parking lot, a surface-level parking lot, and then a topography

166
00:13:44,050 --> 00:13:51,690
going up to Mountain Brook in the townhomes that overlook this area here, but there's a good,

167
00:13:51,990 --> 00:13:56,990
great differential and heavily, treat in that area that we are not want to be disturbing.

168
00:13:58,110 --> 00:14:04,490
One of the discusian, a better idea of how this building massing-wise would fit in with

169
00:14:04,490 --> 00:14:12,950
topography and going down and going showing how that lies in with it with its topography.

170
00:14:13,450 --> 00:14:18,250
One of the things I want to point out is that when they add this additional housing that

171
00:14:18,250 --> 00:14:26,730
was proposed to independent or independent units that will be in this multi-store building,

172
00:14:27,170 --> 00:14:29,750
they're also adding amenities that will be there.

173
00:14:29,750 --> 00:14:36,150
fitness center, game room and such, they're adding some additional amenities and then upper

174
00:14:36,150 --> 00:14:48,130
levels will be rooms and then there is garage parking beneath. And that is one of the questions

175
00:14:48,130 --> 00:14:54,070
that we had the most questions concerns from residents is making sure that we have adequate

176
00:14:54,070 --> 00:14:58,970
parking. And we've actually gone through and refined how we're handling the parking within

177
00:14:58,970 --> 00:14:59,890
the parking deck.

178
00:15:00,000 --> 00:15:29,180
And you actually have a quirk in your code about how you count spaces in a deck and outside a deck. So I don't want to, you know, that. So we are actually going to propose a higher number than what's in your staff analysis, because what we want to have is a minimum of 355, because I think what you're going to hear from the residences, our biggest concerns, making sure you got it up parking, because you do have multiple uses within this community. You have a lot of employment within the community, also that go along with those uses and serving the residents live there.

179
00:15:29,180 --> 00:15:35,640
And we would like to be able to, it possible, depending again, as we can configure the parking

180
00:15:35,640 --> 00:15:39,440
deck, we might be able to flex up to 419 spaces.

181
00:15:40,080 --> 00:15:44,840
So that, a lot of that will be within our parking deck, as we're placing surface parking

182
00:15:44,840 --> 00:15:50,700
with basically a multi-story building, adding some parking underneath, and then being able

183
00:15:50,700 --> 00:15:57,240
to make a parking count adjustment that I think is consistent with the uses and the needs

184
00:15:57,240 --> 00:16:05,520
that we'll be in there, do want to just talk about, I guess, briefly about how what a wonderful

185
00:16:05,520 --> 00:16:10,300
environment whole work has created, a lot of the services they provide and they would just

186
00:16:10,300 --> 00:16:17,040
like that expand it with some additional residents and that that need is huge and is very

187
00:16:17,040 --> 00:16:22,760
much something that communities, all communities will be facing in the next 10, 15, 20 years. So

188
00:16:22,760 --> 00:16:26,800
I'm going to reserve whatever some additional time to respond to, sorry, I can need a consent.

189
00:16:27,040 --> 00:16:29,040
Thank you.

190
00:16:29,300 --> 00:16:29,840
Thank you.

191
00:16:29,920 --> 00:16:32,580
Mister, there's any questions for the applicant at this time?

192
00:16:35,690 --> 00:16:35,890
Okay.

193
00:16:36,270 --> 00:16:38,430
Seeing none, we'll open up the public hearing.

194
00:16:38,590 --> 00:16:40,130
Has anyone signed up to speak on this case?

195
00:16:40,610 --> 00:16:41,470
Yes, I have.

196
00:16:44,340 --> 00:16:46,580
The first speaker is John Frank.

197
00:16:48,420 --> 00:16:52,880
And for those speaking tonight, if you can't please name and address for the record, please.

198
00:16:53,060 --> 00:16:53,980
Thank you.

199
00:16:54,760 --> 00:17:04,100
name is John Frank. I've resided over at Woodstock, 13682, highway 92, live in one of the

200
00:17:04,100 --> 00:17:10,200
top apartments facing the parking area which is going to be removed in order to leave

201
00:17:10,200 --> 00:17:16,420
time for the construction of the new building. One of the concerns that was brought to my

202
00:17:16,420 --> 00:17:24,940
attention is the size of the parking spaces that are going to be presented in an underground

203
00:17:24,940 --> 00:17:26,140
parking facility.

204
00:17:27,080 --> 00:17:35,040
You're dealing with an aged community average age over 84 percent, that's the average.

205
00:17:36,460 --> 00:17:42,220
There are limitations, that's why people chose this wonderful community at this point, and

206
00:17:42,220 --> 00:17:45,600
I mean community not only Hobrook, but also Woodstock.

207
00:17:47,480 --> 00:17:50,120
We have difficulty getting into cars.

208
00:17:51,680 --> 00:17:57,920
We're not as ambalas we were, we're way beyond the 62 limit for getting benefits from the government.

209
00:17:59,420 --> 00:18:00,460
We need help.

210
00:18:01,800 --> 00:18:10,760
One of the concerns is that I don't think the this organization has received any information and regards

211
00:18:10,760 --> 00:18:21,220
to how the tenants independent assisted and memory care are going to have room to bring in

212
00:18:21,220 --> 00:18:25,100
aids that are helping them remain independent and assisted living.

213
00:18:26,100 --> 00:18:33,600
The plan is to remove all of the available parking for independent living people.

214
00:18:33,600 --> 00:18:40,720
That leads some room for the employees that work in assisted learning and elder care.

215
00:18:41,720 --> 00:18:55,500
They're expecting the seniors to give up their cars, not have the ability to get to their car other than being shuddled to an existing location of which we have no idea.

216
00:18:56,940 --> 00:19:02,120
To get groceries, to go to a doctor's office, it's gonna create major problems.

217
00:19:02,120 --> 00:19:08,780
how many AIDS are going to say, this is too complicated. I'm sorry, but we can't help you any longer.

218
00:19:09,720 --> 00:19:16,760
That has not been considered. What is the size of the parking spaces are the same as they have now?

219
00:19:17,220 --> 00:19:20,540
Because I indicated there are additional units that they say are available.

220
00:19:21,180 --> 00:19:29,000
But this is going to be a pill box, you know, a cement barrier that aged people are going to have to enter and exit.

221
00:19:29,000 --> 00:19:34,540
what happens if somebody parks next to them? They're not going to know who that car belongs to. They can't go anywhere.

222
00:19:35,580 --> 00:19:37,000
That is once this is built.

223
00:19:38,420 --> 00:19:43,400
We are a community that works together with staff.

224
00:19:44,820 --> 00:19:53,380
We are at a maximum capacity to permit us to venture into woodstock and take part in all the different activities woodstock has

225
00:19:53,380 --> 00:19:59,960
and the command surrounding air is. We're not going to find a restaurant that's going to

226
00:20:00,000 --> 00:20:07,160
24, which we do now. We're not going to be able to go on the trips, pontoon boat, fill these

227
00:20:07,160 --> 00:20:13,720
games. That's not going to be available anymore, because they are going to overstaff with

228
00:20:13,720 --> 00:20:22,080
residents, everything. This is not a facility that you can have the elderly leave. This is

229
00:20:22,080 --> 00:20:29,080
our last resting place. We have independent living. Then we go to a sister living.

230
00:20:30,000 --> 00:20:31,400
and then memory care.

231
00:20:32,180 --> 00:20:33,480
We stay on the same premises.

232
00:20:34,080 --> 00:20:35,200
That's what was promised.

233
00:20:36,080 --> 00:20:37,920
Even though it's not a full CCRC,

234
00:20:38,180 --> 00:20:39,740
which they make a big deal out of.

235
00:20:39,880 --> 00:20:43,260
It's still an area where we can stay on the same campus

236
00:20:43,900 --> 00:20:46,060
with a staff that works with us all the time.

237
00:20:46,200 --> 00:20:48,180
They participate in our Olympic Games.

238
00:20:48,940 --> 00:20:50,560
We know them, they know us.

239
00:20:50,840 --> 00:20:52,740
They're not going to be able to handle this.

240
00:20:54,060 --> 00:20:59,500
I would like to have somehow where input is made

241
00:20:59,500 --> 00:21:05,500
either to yourselves or the city council that we have an evaluation done by a health commission.

242
00:21:06,240 --> 00:21:14,120
As to what effect this long term construction will have on people that have asthma, people

243
00:21:14,120 --> 00:21:20,460
who are very emotional and don't like change, we need to find out this is the first time

244
00:21:20,460 --> 00:21:25,760
I think council has been involved with a really elder care community.

245
00:21:25,760 --> 00:21:32,040
we can't leave. If this was a landlord, tenant situation, with a regular house,

246
00:21:32,220 --> 00:21:37,520
our environment for students or something like that, they just move. These people,

247
00:21:38,760 --> 00:21:46,520
it is going to traumatize them if they have to move. But there's no, the applicant has not

248
00:21:46,520 --> 00:21:54,970
even suggested that they would look into that. This committee and council has to balance the ability

249
00:21:54,970 --> 00:22:03,570
of a landowner, what effect that will have is the health, safety, and welfare of each citizen

250
00:22:03,570 --> 00:22:07,530
in this county, in this township, in this city.

251
00:22:09,370 --> 00:22:10,430
We need to look into that.

252
00:22:10,450 --> 00:22:12,210
This is brand new territory.

253
00:22:12,350 --> 00:22:14,070
We're talking about elder care.

254
00:22:15,030 --> 00:22:20,360
I could not find a single attorney that when I talked about elder care said, oh, we do

255
00:22:20,360 --> 00:22:29,220
and states and probate. We don't help people to understand what the new guidelines are for

256
00:22:29,220 --> 00:22:35,740
elder care. The state has them, the federal government has them, and there's serious

257
00:22:35,740 --> 00:22:39,080
that we have to take care of the older population.

258
00:22:41,180 --> 00:22:42,940
They can give a lot back to the community

259
00:22:42,940 --> 00:22:47,040
which whole book was stuck in this present position does.

260
00:22:49,440 --> 00:22:52,520
We are part of your community, but we need your help

261
00:22:52,520 --> 00:22:57,700
to figure out what we can do to stop the unnecessary construction.

262
00:22:58,260 --> 00:23:01,600
Remember, this is only being done because they sold the property

263
00:23:03,100 --> 00:23:07,600
to Janice, a New York Stock Exchange Corporation

264
00:23:07,600 --> 00:23:09,380
that is involved in this.

265
00:23:10,440 --> 00:23:12,180
That's the only reason we're even here,

266
00:23:12,180 --> 00:23:18,270
And not that it's going to help woodstock at all, it's profit.

267
00:23:19,370 --> 00:23:23,290
And that's why you're involved, and that's why City Council's involved.

268
00:23:23,790 --> 00:23:28,710
They have to say, OK, we know we're going to get more revenue from everybody coming in to

269
00:23:28,710 --> 00:23:30,190
build this building.

270
00:23:30,550 --> 00:23:32,030
We know it's going to help our coffers.

271
00:23:32,030 --> 00:23:33,390
It's going to help our taxation.

272
00:23:34,950 --> 00:23:43,110
But also how many people now living in our community are not going to be able to go out and take

273
00:23:43,110 --> 00:23:46,850
part in all the festivities that Woodstock offers to us.

274
00:23:47,430 --> 00:23:48,170
We can't go there.

275
00:23:48,530 --> 00:23:50,430
They're going to shuttle us to some other location.

276
00:23:51,250 --> 00:23:52,490
We'll have to find a car.

277
00:23:53,030 --> 00:23:55,390
We have difficulty knowing where our damn car is,

278
00:23:55,390 --> 00:23:57,130
where it is now in the open space.

279
00:23:58,510 --> 00:24:02,670
You know, we're not really sharp as we would like to be.

280
00:24:02,750 --> 00:24:04,450
We came here because we need help.

281
00:24:05,030 --> 00:24:06,670
Not your help to come into Woodstock.

282
00:24:06,910 --> 00:24:08,050
That's why we're here.

283
00:24:09,110 --> 00:24:11,590
You should look at the prices that we're paying

284
00:24:11,590 --> 00:24:18,570
And we don't mind doing it because we get the care that we need and we get the involvement with the community that we need.

285
00:24:18,990 --> 00:24:20,590
If this is built, we don't get that.

286
00:24:20,810 --> 00:24:21,790
They get more money.

287
00:24:23,270 --> 00:24:25,150
We don't get the health safety and welfare.

288
00:24:27,690 --> 00:24:36,970
If you look at the topography, they brought up the fact that there is a hill, a steep hill behind where they're going to build this new building.

289
00:24:36,970 --> 00:24:43,410
On the other side is the existing 45-story whole broken dependent living.

290
00:24:44,190 --> 00:24:49,050
Next to that is the assisted next to that is the memory here.

291
00:24:50,090 --> 00:24:56,270
Where are all the three dust noise going to go?

292
00:24:56,610 --> 00:24:59,970
They're going to hit the well on the side where the hill is.

293
00:25:00,000 --> 00:25:06,460
This, they're going to hit our building and it's going to amplify everything. The dust is not going to have any chance to go.

294
00:25:06,980 --> 00:25:13,640
The safety of that whole community is in jeopardy because of the location where it is.

295
00:25:14,160 --> 00:25:18,860
No one's told us how far that's going to be from where we exist, where we live at this point.

296
00:25:20,810 --> 00:25:29,270
But I just leave you with the fact that if you were instrumental in having to love one, move to this facility,

297
00:25:30,640 --> 00:25:37,860
Go to that facility because there's plenty of parking and you can see your relatives any time you want.

298
00:25:38,820 --> 00:25:43,500
And then learn that for where's the money?

299
00:25:44,040 --> 00:25:45,600
We're going to talk about money.

300
00:25:46,100 --> 00:25:49,920
Comes first before their loved ones care in that community.

301
00:25:50,740 --> 00:25:55,720
You would feel really bad because you saw this beautiful environment working well,

302
00:25:55,720 --> 00:26:02,660
Being destroyed all because of the dollar sign and that's what we have to worry about it's a new environment

303
00:26:02,660 --> 00:26:04,920
I ask you to help us in any way you can

304
00:26:06,020 --> 00:26:08,600
In closing there are a lot of letters

305
00:26:08,600 --> 00:26:10,320
that have been written

306
00:26:10,320 --> 00:26:12,260
to the manager

307
00:26:12,920 --> 00:26:15,780
concerning what they think is right or wrong

308
00:26:15,780 --> 00:26:17,500
and what they would like to see

309
00:26:17,500 --> 00:26:19,660
That cannot be made available

310
00:26:20,440 --> 00:26:22,280
because it was written to them

311
00:26:22,280 --> 00:26:30,040
We cannot send that to you until request is made to have the names made available to us, so

312
00:26:30,040 --> 00:26:36,240
we can go back to those tenants and independent living and have them get those copies or

313
00:26:36,240 --> 00:26:37,740
give other ones and bring it to you.

314
00:26:37,800 --> 00:26:41,720
There's over 70 letters just sitting there.

315
00:26:42,600 --> 00:26:44,800
We need their cooperation and having this done.

316
00:26:45,020 --> 00:26:50,540
We need their cooperation and having a study done as to whether it's a detriment to the

317
00:26:50,540 --> 00:26:55,780
community, we need your assistance to make sure the information that we've presented to them

318
00:26:55,780 --> 00:26:57,460
is then presented to you.

319
00:26:59,550 --> 00:27:03,190
Just think of the fact that if you are involved in having a loved one,

320
00:27:03,230 --> 00:27:10,710
move to a facility that is fantastic the way it is. And because of a dollar sign, it's going

321
00:27:10,710 --> 00:27:16,650
to be erased. They're going to be overcrowded. It's going to be a difficult situation. They don't

322
00:27:16,650 --> 00:27:20,330
know where we're going to be leaving our cars, how we're going to do anything. Thank you.

323
00:27:20,330 --> 00:27:23,290
Thank you.

324
00:27:27,130 --> 00:27:34,810
Next. Miss Marcy. Brian. And just as a note, right now we have five minutes

325
00:27:34,810 --> 00:27:40,850
left for the opposition side for public hearing. I'll try to be quick. I think John did an

326
00:27:40,850 --> 00:27:49,110
excellent job. I will. Excuse me. I moved from the Northwoods of New Hampshire because

327
00:27:49,110 --> 00:27:56,870
my son lives down here in Akworth and he was very familiar with Holbrook and my husband and

328
00:27:56,870 --> 00:27:59,210
I moved down here just a little over two years ago.

329
00:28:00,010 --> 00:28:06,330
I can say I enjoyed very much where I live now and I hope not to move this I expected

330
00:28:06,330 --> 00:28:12,750
to be our final move with 63 more apartments and a hundred more plus or minus people.

331
00:28:12,750 --> 00:28:19,150
I think that the dining room is going to be very stressed.

332
00:28:20,130 --> 00:28:29,630
The activities director already has just about maximum, maximized what she can do with the

333
00:28:29,630 --> 00:28:35,430
number of people that we have, she brings out a calendar every month and if you don't sign

334
00:28:35,430 --> 00:28:41,290
up within the first three or four days to some of the special activities you lose out and

335
00:28:41,290 --> 00:28:47,610
If there are a hundred more people flying further spots within 20 minutes, the special ones

336
00:28:47,610 --> 00:28:48,570
will be taken.

337
00:28:48,930 --> 00:28:55,890
You can only have so many people go to so many places because there just isn't enough room.

338
00:28:56,990 --> 00:29:03,910
The current structure, the spaces are limited as far as how many people can go in rooms

339
00:29:03,910 --> 00:29:09,450
for, um, you to listen to a lecture or, um, other things like that.

340
00:29:10,050 --> 00:29:16,270
Uh, parking during construction, I will say, sounds like it's going to be horrible.

341
00:29:17,170 --> 00:29:21,190
Uh, right now, if I need to run to the store, I can jump in the car and I can be back

342
00:29:21,190 --> 00:29:27,090
from Walmart in 20 minutes, picking up whatever it is that I want to get if, um, we have

343
00:29:27,090 --> 00:29:28,230
to park off site.

344
00:29:28,490 --> 00:29:32,250
I'm looking at a half an hour in one direction, a half an hour in the other direction.

345
00:29:32,750 --> 00:29:39,710
So, for me to pick up a school of thread, it's an hour and a half for me to do that, which is a little bit awkward.

346
00:29:40,570 --> 00:29:50,810
Afterwards, I think John covered that as far as how the cars are parked in an underground garage and how much space there is.

347
00:29:51,510 --> 00:29:58,570
I'm very familiar with assisted living in memory care because my husband has been in both and is currently in memory care.

348
00:29:58,570 --> 00:29:59,970
and just having...

349
00:30:00,000 --> 00:30:26,660
And spoken with some of the staff that live there as well as some of the residents. They are not appraised of what's going on with this whole thing. They have no idea. If they have been appraised, they're not remembering it. It's not going to be easy for most people to easily access transportation.

350
00:30:27,460 --> 00:30:30,660
I think that we have quite a few people in the room here tonight.

351
00:30:31,120 --> 00:30:34,960
I think there would have been a lot more here tonight if the people in the community

352
00:30:34,960 --> 00:30:40,040
drive a lot of people don't drive or they don't drive after dark.

353
00:30:40,880 --> 00:30:44,900
So you're talking as John has said, an aging population.

354
00:30:45,780 --> 00:30:51,340
One thing he didn't mention is that a lot of us have family and friends live in the area

355
00:30:51,340 --> 00:30:54,800
and they might be running errands and decide to stop by for a quick visit.

356
00:30:54,800 --> 00:30:59,240
They're not going to be able to stop by for a quick visit because where do they park their car?

357
00:30:59,400 --> 00:31:01,760
There will be no place to park their car during construction.

358
00:31:02,500 --> 00:31:07,160
So you can forget about having that quick 20-minute visit how are you doing?

359
00:31:07,320 --> 00:31:09,400
I love you kind of thing. It's not going to happen.

360
00:31:11,840 --> 00:31:20,100
I would say in the last month just in talking with other residents that you come in contact with

361
00:31:20,100 --> 00:31:50,080
The topic of conversation has been very upfront in the conversations and I have not run into anybody that lives there that's in favor of what is being proposed from the noise of construction, to the dirt that's going to be, and dust that's going to be around, and then, just the crowdedness that we will all be having to,

362
00:31:50,080 --> 00:32:04,900
put up with. I can, I can say, I think without question, it's really not what we want, and if you were to ask with a raise of hands of the people that are here, how many are interested, I would say probably everyone would say they're not so.

363
00:32:05,620 --> 00:32:14,880
That's about all I have to say. I hate to see whole work changed because it's a really great facility that people that live there are wonderful.

364
00:32:14,880 --> 00:32:21,060
the people that work there are wonderful and we've really got a very special environment.

365
00:32:22,140 --> 00:32:23,500
Thank you, ma'am.

366
00:32:25,760 --> 00:32:29,280
That is our time for the opposition.

367
00:32:30,080 --> 00:32:32,300
So we'll move on to those in support.

368
00:32:32,560 --> 00:32:34,960
Has anyone signed up to speak in support of this project?

369
00:32:35,440 --> 00:32:37,800
We had one more that was signed up.

370
00:32:38,000 --> 00:32:38,940
I'm sorry about it.

371
00:32:38,960 --> 00:32:39,800
Just one more?

372
00:32:40,020 --> 00:32:40,400
Yeah.

373
00:32:41,340 --> 00:32:41,660
I can't.

374
00:32:41,660 --> 00:32:45,580
It's a commission's okay all three minutes if the commission's okay without for one more state

375
00:32:52,690 --> 00:33:01,890
I'm not sure who it is, but who ever signed up? Who signed up? Who's a third person that signed up anybody?

376
00:33:02,130 --> 00:33:04,110
Do you want to speak?

377
00:33:10,180 --> 00:33:21,300
Hello, I've been living at Hobelop for almost a year and when I moved in there my daughter and

378
00:33:21,300 --> 00:33:27,500
my son-in-law looked at the property and told me it's great but they didn't tell me anything

379
00:33:27,500 --> 00:33:33,980
about an additional building being built and that was known back then but it was not passed on.

380
00:33:33,980 --> 00:33:38,560
So, my concern is basically noise level.

381
00:33:39,300 --> 00:33:47,100
Anything above 65 decibels is temporarily harmful to people's two people.

382
00:33:48,700 --> 00:33:53,080
And any construction noise, jack hammers,

383
00:33:55,820 --> 00:33:59,780
tractors, back hose, pile drivers, all those,

384
00:33:59,780 --> 00:34:03,520
They're up around 9,500 and 10 or more.

385
00:34:04,260 --> 00:34:13,400
And that's going to probably hurt some people's hearing, and it's no secret as we get older

386
00:34:13,400 --> 00:34:18,780
if you have grandparents, et cetera, that they're hearing as impaired as they get older.

387
00:34:19,740 --> 00:34:26,740
And so that's my biggest concern, also the fact that that's going to put some of the people

388
00:34:26,740 --> 00:34:34,780
who are trying to hold things together as best as possible over the age, because it's all

389
00:34:34,780 --> 00:34:42,880
a lot of stress to yourself and where you live and if you're building going up right across the

390
00:34:42,880 --> 00:34:56,720
way and they're going to hue out the mountain to some degree and all that is going to be

391
00:34:56,720 --> 00:34:58,760
Thank you, sir.

392
00:35:00,560 --> 00:35:09,300
Has anyone signed up a speak in support of the case? Is there anyone here that would like to speak in support of the did not sign up?

393
00:35:09,800 --> 00:35:13,780
Okay. Seeing none, we will close the public hearing. The applicant would like to come forward?

394
00:35:16,690 --> 00:35:28,850
Yeah, thank you. And I do have one point out. I've got a whole book staff here, operational and a lot of the questions that were raised. They have been working on.

395
00:35:28,850 --> 00:35:36,910
A couple things I wanted to point out, one is I think there's universally accepted that

396
00:35:36,910 --> 00:35:42,750
whole work is a wonderful facility. They've got wonderful employees, wonderful program there,

397
00:35:43,090 --> 00:35:50,030
and I know it's hard for me to say it and for them to hear it is, you know, what they did before

398
00:35:50,030 --> 00:35:57,290
they will execute again and they will continue to execute that diligence on caring for their

399
00:35:57,290 --> 00:36:05,130
residents during construction and they have plans in place, you know, just as a quick example

400
00:36:05,130 --> 00:36:09,690
and they can go into more detail, you know, the people who drive regularly, they'll keep

401
00:36:09,690 --> 00:36:16,110
them here. If people don't drive as regularly, they'll maybe have off-campus and shuttles.

402
00:36:16,370 --> 00:36:20,690
They'll obviously increase shuttle services and opportunity for alternative transportation

403
00:36:20,690 --> 00:36:26,890
would be another thing that they would bring up. But one of the things that is

404
00:36:26,890 --> 00:36:31,490
most difficult for us to think about is, and they also, we don't, you know, we don't want

405
00:36:31,490 --> 00:36:33,290
this change, we don't want this addition.

406
00:36:34,790 --> 00:36:40,390
There are 80 people that are waiting for independent living units here.

407
00:36:40,390 --> 00:36:42,050
That's their waiting list, we're independent living.

408
00:36:42,250 --> 00:36:44,250
They've got 35 people waiting for cottages.

409
00:36:44,470 --> 00:36:49,150
That just tells you of the demand and the need for this.

410
00:36:49,150 --> 00:36:55,630
So I know that the people who live there, they have their wonderful environment that they

411
00:36:55,630 --> 00:37:01,470
appreciate so much, Holbrook has a whole bunch of more people that need that housing.

412
00:37:01,530 --> 00:37:10,090
And I go back to 5% 75 and older now, 12% 75 and older into the people in the fire department.

413
00:37:10,350 --> 00:37:15,310
I'm thinking, you know, you're recognizing what that means in terms of being able to provide

414
00:37:15,310 --> 00:37:23,390
the services that is needed. But the opportunity here is to be able to on an existing campus

415
00:37:23,390 --> 00:37:29,490
with an existing good culture, with a good, existing great employees in great services, being

416
00:37:29,490 --> 00:37:36,890
able to add as my count 63 over what they have built now and what we're asking for independent

417
00:37:36,890 --> 00:37:37,770
living units.

418
00:37:38,690 --> 00:37:47,290
And there's a more than a waiting list of fill out today and that will be more seniors that

419
00:37:47,290 --> 00:37:54,310
be provided housing but also more employment because they'll add employees to be able to provide

420
00:37:54,310 --> 00:38:01,450
the more services to these new residents and there will be there's no way to not say there will

421
00:38:01,450 --> 00:38:06,510
be an inconvenient for a period of time but you have rules and regulations on noise of

422
00:38:06,510 --> 00:38:13,810
considering construction hours and limitations on that and then they're ultimately the staff that

423
00:38:13,810 --> 00:38:18,710
They all report does a great job, will be responsible for ensuring that they, during this

424
00:38:18,710 --> 00:38:24,450
temporary construction period that they're taking care of in a respectful and way.

425
00:38:25,650 --> 00:38:32,830
So your DPC staff looked at it, recognized the need of this, the opportunity to be able

426
00:38:32,830 --> 00:38:37,510
to add senior housing to existing campus and recommend it to approval of this.

427
00:38:37,510 --> 00:38:40,310
we asked that you follow that recommendation

428
00:38:40,910 --> 00:38:44,530
as I said, the biggest, the only change that we would ask

429
00:38:44,530 --> 00:38:49,390
is that the line that talks about parking spaces

430
00:38:49,390 --> 00:38:53,430
will be a minimum of 355 and up to 419.

431
00:38:54,230 --> 00:38:55,450
Again, that aligns.

432
00:38:55,530 --> 00:38:57,470
That was the feedback we got from the residences.

433
00:38:57,510 --> 00:38:58,890
We want to make sure they're playing a parking.

434
00:38:59,370 --> 00:39:01,010
And just to be clear, these parking spaces

435
00:39:01,010 --> 00:39:05,110
are the same size as per code, which is the same size

436
00:39:05,110 --> 00:39:06,110
that you have there now.

437
00:39:06,110 --> 00:39:10,210
So the spaces that are there now would be also code,

438
00:39:10,470 --> 00:39:14,050
wit, and length, before and after.

439
00:39:14,750 --> 00:39:16,670
So we asked that you follow your staff recommendation

440
00:39:16,670 --> 00:39:18,890
with the exception of increasing the allowance

441
00:39:18,890 --> 00:39:21,750
for parking so that we can ensure

442
00:39:22,270 --> 00:39:25,670
and utilize the parking deck underneath the building

443
00:39:25,670 --> 00:39:30,210
as best as we can and get as much parking as possible.

444
00:39:31,090 --> 00:39:34,210
So Parks, with that condition number, one of the conditions,

445
00:39:34,210 --> 00:39:39,530
But it says, I think it's no fewer than 338 total parking spaces you shall provide on site.

446
00:39:39,730 --> 00:39:41,090
So how are you wanting that to be modified?

447
00:39:41,510 --> 00:39:48,810
To say no fewer than 355 were the right to go up to 419, because you all have a minimum maximum.

448
00:39:49,470 --> 00:39:54,550
And we could sit here and debate until the cows came home because we got a restaurant.

449
00:39:54,730 --> 00:39:55,950
How do you count that?

450
00:39:56,430 --> 00:39:57,630
We've got a spa.

451
00:39:57,850 --> 00:39:59,150
How do you count that?

452
00:39:59,670 --> 00:39:59,970
And when the...

453
00:40:00,000 --> 00:40:08,320
And you have mixture of uses. So, this is professionally what our architects believe is a good

454
00:40:08,320 --> 00:40:12,720
parking count that we can realistically achieve. And usually you're worried about over-parking

455
00:40:12,720 --> 00:40:17,680
because of you don't want a big sea of parking spaces when you do structured parking that

456
00:40:17,680 --> 00:40:22,700
actually is big difference analysis. So, your mindset of we don't want too much parking

457
00:40:22,700 --> 00:40:26,620
is kind of the opposite here when you got the opportunity to do it in the deck. That's actually

458
00:40:26,620 --> 00:40:35,420
most environmentally and that's way to utilize the land without just a sea of parking spaces.

459
00:40:37,160 --> 00:40:40,800
Okay, commissioners questions for the applicant at this time.

460
00:40:42,100 --> 00:40:47,720
Park, can you talk about parking spaces to code or the parking spaces in the deck and any surface

461
00:40:47,720 --> 00:40:49,620
spots around the same size?

462
00:40:50,940 --> 00:40:52,100
Are they the same size?

463
00:40:52,220 --> 00:40:52,500
Correct.

464
00:40:52,500 --> 00:40:56,420
one's in the deck and the one's on the surface lots outside of the same width.

465
00:40:56,760 --> 00:40:57,500
That is good.

466
00:40:58,780 --> 00:40:59,160
Thank you.

467
00:41:01,870 --> 00:41:04,970
I got a question for me if you're out of word it here.

468
00:41:05,350 --> 00:41:07,250
I've been to this campus several times.

469
00:41:07,710 --> 00:41:08,830
It is a beautiful campus.

470
00:41:09,950 --> 00:41:13,730
Unfortunately, emergency services are often called here.

471
00:41:14,370 --> 00:41:19,150
So one of the concerns I could have and they potentially have is during construction.

472
00:41:19,150 --> 00:41:22,490
and I've been a worked in a lot of construction sites, vehicles,

473
00:41:23,710 --> 00:41:25,370
cement, all that's coming out.

474
00:41:25,690 --> 00:41:31,150
Is there a plan when timing matters, and emergency response is paramount?

475
00:41:31,250 --> 00:41:36,610
Is there a plan during construction to make sure that emergency services are able to see

476
00:41:36,610 --> 00:41:39,930
and have the same response time as they did before construction?

477
00:41:40,490 --> 00:41:44,930
Most definitely, and I've worked on a similar project where we had to designate

478
00:41:44,930 --> 00:41:50,870
our emergency routes, and so as we phased construction, we had to make sure that during construction

479
00:41:50,870 --> 00:41:56,170
that the emergency access was maintained throughout. So we will be doing that through permitting

480
00:41:56,170 --> 00:41:58,550
and throughout the process. All right. Thank you.

481
00:42:01,540 --> 00:42:07,220
Parts you mentioned earlier that it was in the staff packet too about, you know, like the

482
00:42:07,220 --> 00:42:12,460
spa restaurant, so these other things are open to the outside public. Do you have a,

483
00:42:17,180 --> 00:42:17,180
does that

484
00:42:17,180 --> 00:42:21,860
what's the percentage of people from the outside that use those services or I mean I obviously

485
00:42:21,860 --> 00:42:27,120
am assuming it's a high majority of residents, but I mean I think it's largely residents but

486
00:42:27,120 --> 00:42:36,460
do we have it like you have a estimate only guess of it?

487
00:42:43,860 --> 00:42:50,460
My name is Brad Bickford, I'm the general manager of Wholebrook Woodstock located at 136A2 Highway

488
00:42:50,460 --> 00:42:56,920
92. The restaurant is not necessarily open to the public. It's open for the residents to bring

489
00:42:56,920 --> 00:43:00,420
their friends and family. So the majority of the residents, I mean the more

490
00:43:00,420 --> 00:43:05,380
majority of the guests are residents guests. If I invite somebody in, that's

491
00:43:05,380 --> 00:43:09,640
something, but you can't just come up off the street. Okay, that makes sense. Okay, thank

492
00:43:09,640 --> 00:43:14,540
you for clearing that up. No problem. Any other questions for the applicant at this time?

493
00:43:19,280 --> 00:43:23,100
I'm sorry, Public Hearing's closed right now sir. Sorry about that. I'll be glad to

494
00:43:23,100 --> 00:43:25,140
talk to you afterwards. Sorry, thank you.

495
00:43:27,280 --> 00:43:30,880
Okay, thanks. Parts per se. Commissioner's

496
00:43:30,880 --> 00:43:33,000
questions for staff at this time.

497
00:43:35,960 --> 00:43:42,680
I have one. So this is Zone G.C. Correct, as is. And with the

498
00:43:42,680 --> 00:43:49,800
parking that was is proposed of no fewer than 355 with a maximum of 19 per that point just now.

499
00:43:51,620 --> 00:43:57,160
Would the parking requirements change if this was Zone senior living versus G.C. or how does that fit

500
00:43:57,160 --> 00:43:58,860
and all those if that makes sense at all.

501
00:43:59,520 --> 00:44:05,700
So this is certainly a unique development share in terms of being developed prior to our current

502
00:44:05,700 --> 00:44:06,840
senior living standards.

503
00:44:07,920 --> 00:44:12,260
It has also evolved over time, so staff has done quite a bit of work with the applicant

504
00:44:12,260 --> 00:44:16,100
to try to determine what the appropriate parking minimum would be.

505
00:44:16,480 --> 00:44:21,980
I will advise the commission that if you wish to have a higher ratio, unless you specifically

506
00:44:21,980 --> 00:44:26,440
grant a variance, which we have not yet received an application for, unless a specific

507
00:44:26,440 --> 00:44:33,380
and variants is granted, the parking would be reviewed at the time of site plan to ensure compliance with those minimums maximums,

508
00:44:33,380 --> 00:44:42,500
and any parking bonuses that might be achieved with the permeable paving that Natalie mentioned or the electric charging spots.

509
00:44:43,320 --> 00:44:53,460
So the final parking count would have to meet the standards unless a recommendation and granting by council of a variance to increase the parking is granted.

510
00:44:55,060 --> 00:44:57,800
You're saying I don't have to meet a minimum and a maximum standard.

511
00:44:58,400 --> 00:44:59,640
So there is.

512
00:45:00,000 --> 00:45:08,780
There would be, or is, a minimum, a maximum standard that's calculated at the time of site plan based on the final mix of all of the uses.

513
00:45:09,260 --> 00:45:14,260
We have their approximation based on the conceptual plan that's been provided at this time.

514
00:45:14,500 --> 00:45:21,340
That would be verified and, you know, confirmed at the time of the final, the actual site plan submittal.

515
00:45:21,700 --> 00:45:26,820
If they achieve additional bonuses or don't achieve some of those bonuses or if their unit counts change.

516
00:45:26,820 --> 00:45:33,620
So that is why the staff recommendation for DPC had a minimum parking number, knowing that

517
00:45:33,620 --> 00:45:39,000
there is a great demand for parking if the facility staff wanted to ensure that regardless

518
00:45:39,000 --> 00:45:45,560
of the number of units that are added that the parking was no less than the number provided.

519
00:45:46,000 --> 00:45:52,260
So additional parking may be warranted, however, if you wish to ensure that they are allowed

520
00:45:52,260 --> 00:45:59,460
to have a maximum that perhaps exceeds the maximum allowable, that would be the variance that

521
00:45:59,460 --> 00:46:03,480
staff could not just grant administratively.

522
00:46:03,860 --> 00:46:04,220
I understand.

523
00:46:04,500 --> 00:46:10,560
So you could modify their parking plan, but you can't go over a stated port code unless

524
00:46:10,560 --> 00:46:13,020
there's a variance that's a reprue of precedent approved.

525
00:46:13,140 --> 00:46:14,280
That's correct, right?

526
00:46:15,300 --> 00:46:19,860
You have the, based on the request tonight of minimum 35, and I guess the maximum's

527
00:46:19,860 --> 00:46:24,260
the main thing before 19 has staff at a chance to look at that or assess that or see if

528
00:46:24,260 --> 00:46:26,660
that was something they would support or not support or.

529
00:46:26,920 --> 00:46:31,780
So, I believe that that number was recently provided to staff and was different than the

530
00:46:31,780 --> 00:46:36,380
original request that was included with this proposed amendment.

531
00:46:37,620 --> 00:46:43,280
So, while the numbers here stand based on the conceptual plan, so the numbers that

532
00:46:43,280 --> 00:46:49,080
Natalie presented to you would be the maximum allowable based on what the information given to us.

533
00:46:49,080 --> 00:46:59,880
So unless additional documentation received that changes the code maximum, or, you know, those numbers, we would not be able to, again, administratively grant that.

534
00:47:00,140 --> 00:47:04,200
Again, there's an understanding that there's a great need for parking out there, even now.

535
00:47:05,260 --> 00:47:12,100
So anecdotally, I don't believe there was any concern raised by the DPC regarding the addition of more parking.

536
00:47:12,220 --> 00:47:16,700
It's just not something that they could, we could grant as a group.

537
00:47:16,700 --> 00:47:18,560
Okay, thank you.

538
00:47:19,660 --> 00:47:21,160
Can I follow up on that direction?

539
00:47:22,300 --> 00:47:30,040
So the difference between the maximum and the minimum is difficult to hit and especially

540
00:47:30,040 --> 00:47:37,540
as was already said, it's difficult with this type of facility because it's more than

541
00:47:37,540 --> 00:47:40,520
just a restaurant, it's more than just a residential.

542
00:47:41,620 --> 00:47:51,060
It has there been any evidence that all presented to DPC of the current parking situation.

543
00:47:52,120 --> 00:48:01,920
The number that they have now for their existing facility is that you lies 24 hours a day.

544
00:48:02,360 --> 00:48:06,800
How much vacancy is there within the parking lot today?

545
00:48:07,600 --> 00:48:13,300
So staff is not received any documentation of that type, and certainly if a variance is requested

546
00:48:13,300 --> 00:48:18,400
to request more parking, that may be part of that justification that the current parking

547
00:48:18,400 --> 00:48:23,560
is already heavily utilized and that additional units are expected to have a similar increase

548
00:48:23,560 --> 00:48:24,300
in demand.

549
00:48:24,780 --> 00:48:29,480
So that would certainly what we would normally expect with a variance request is that justification

550
00:48:29,480 --> 00:48:33,760
statement where they answer all of the questions that they'd be providing that type of

551
00:48:33,760 --> 00:48:34,120
information.

552
00:48:39,840 --> 00:48:41,460
Commissioners, any further questions?

553
00:48:44,200 --> 00:48:44,320
Okay.

554
00:48:44,560 --> 00:48:49,360
Seeing none floors open for motion or discussion on this topic, this case.

555
00:49:04,250 --> 00:49:04,530
Yes.

556
00:49:04,670 --> 00:49:09,730
I'd like to make a motion to approve with the DPC recommendations.

557
00:49:12,200 --> 00:49:12,420
Okay.

558
00:49:12,760 --> 00:49:16,280
There's a motion to floor to approve an accordance with staff recommendations.

559
00:49:17,360 --> 00:49:17,860
There's second.

560
00:49:20,690 --> 00:49:21,330
I'll second.

561
00:49:21,490 --> 00:49:27,190
Is there anything in relation to the conditions that were scratched that we have to add to the

562
00:49:27,190 --> 00:49:33,310
or is it they've already been admitted based on what is that we don't have to do? What do you

563
00:49:33,310 --> 00:49:34,170
ask I'm sorry Dave?

564
00:49:36,250 --> 00:49:39,010
So I definitely second emotion. I was just making sure they're in relation

565
00:49:39,010 --> 00:49:47,850
to the changes that they made. And six I believe it was. And 14 do we have to add something to our

566
00:49:47,850 --> 00:49:53,570
emotion in order to? Yes, perhaps if you'd like to accept a friendly amendment to present the

567
00:49:53,570 --> 00:49:57,210
changes as presented this evening to the conditions?

568
00:49:58,090 --> 00:49:58,550
Are you?

569
00:49:59,130 --> 00:49:59,810
Okay.

570
00:50:00,000 --> 00:50:03,180
All right, are you seeing the changes at staff recommends or?

571
00:50:03,380 --> 00:50:10,840
That's correct. So during the staff presentation, there were several items, two items that because the variance to the committee.

572
00:50:10,840 --> 00:50:12,680
The buffer that was taken out, okay.

573
00:50:13,280 --> 00:50:19,840
So, if you'd like to modify that motion to say as presented, that can be accomplished.

574
00:50:20,060 --> 00:50:23,560
I'm sorry, that's not what the motion was as presented, basically. I'm sorry about that.

575
00:50:23,940 --> 00:50:25,500
You want to clear that up?

576
00:50:25,500 --> 00:50:26,160
So modified.

577
00:50:26,160 --> 00:50:32,220
I second. So the motion on the floor to approve and of course the staff's

578
00:50:32,220 --> 00:50:35,880
recommendation as presented here tonight is the motion on the floor.

579
00:50:36,540 --> 00:50:52,180
Okay. Can I make a, I'm going to offer a friendly amendment to both of you if you're okay with this and staff, you can help me out here. In the past with some of these, we've, we basically put a condition of basic instruction plan that needs to be approved by by staff.

580
00:50:52,180 --> 00:50:58,180
staff with that wording be okay, that the applicant has to present a construction plan that

581
00:50:58,180 --> 00:51:04,600
can be approved by staff before any construction begins, but it hasn't been more detail

582
00:51:04,600 --> 00:51:05,320
or what.

583
00:51:05,460 --> 00:51:09,440
So Chair Williams, certainly the applicant will need to go through the full site plan process

584
00:51:09,440 --> 00:51:16,320
that will include both the site layout and infrastructure, the elevations.

585
00:51:16,820 --> 00:51:20,120
Are you concerned with the building construction plans?

586
00:51:20,120 --> 00:51:21,780
I'm talking more of the actual logistics

587
00:51:21,780 --> 00:51:22,900
at the actual construction,

588
00:51:22,980 --> 00:51:24,840
based on concerns that were printed in here tonight.

589
00:51:25,100 --> 00:51:26,560
In terms of word vehicles will be located,

590
00:51:27,120 --> 00:51:28,940
things like that, pathways have to be clear.

591
00:51:29,840 --> 00:51:31,600
That's what I'm talking about.

592
00:51:31,900 --> 00:51:34,620
So perhaps a construction management plan

593
00:51:35,780 --> 00:51:38,180
for ongoing operations of the facility

594
00:51:38,180 --> 00:51:39,460
during the construction process.

595
00:51:40,700 --> 00:51:41,580
That's what I'm talking about.

596
00:51:42,220 --> 00:51:44,300
Is that, are you okay with that?

597
00:51:44,640 --> 00:51:45,440
Did you do it just a little bit?

598
00:51:45,780 --> 00:51:46,080
Absolutely.

599
00:51:48,160 --> 00:51:49,400
All right, there's a motion on the floor

600
00:51:49,400 --> 00:51:53,100
to approve the course of staff's recommendation has presented an item in addition to the

601
00:51:53,100 --> 00:51:56,280
additional condition we just mentioned about a construction management plan that has

602
00:51:56,280 --> 00:52:02,120
be approved by staff working construction can begin. Paul let you start your motion any discussion

603
00:52:02,120 --> 00:52:03,540
or debate on this?

604
00:52:09,390 --> 00:52:18,130
I'll say here's my thing on this is we don't have much black and white and

605
00:52:19,070 --> 00:52:45,190
But to me, the Council policy manual of 5% at senior housing is about as black and white as it gets because it does say shall be 5% or less I looked up the wording and I know we're already over that like 5.9 in this takes the 6.1 it's a minimal movement. I get that and I understand the case are the point that since this is already a development it's not really a new development does that really apply

606
00:52:45,190 --> 00:52:50,410
But I think it does because I think any time you're moving away from a goal, I'm kind of asking

607
00:52:50,410 --> 00:52:51,690
what's the point of the goal.

608
00:52:53,150 --> 00:52:58,150
So, if we're adding more senior living and we're already over our limit, combine that with

609
00:52:58,150 --> 00:53:04,950
the fact that City Council with recent cases has not really had an appetite for apartments based

610
00:53:04,950 --> 00:53:09,250
on this exact reasoning of we have a goal, state-of-goal, percentage of apartment multi-family

611
00:53:09,250 --> 00:53:15,870
were over that as well. I have a hard time approving more of something that we're already

612
00:53:15,870 --> 00:53:22,650
over by our state of, you know, a policy manual. So, that's my take on that. So, but anybody

613
00:53:22,650 --> 00:53:23,230
else?

614
00:53:26,850 --> 00:53:33,210
I tend to agree with that somewhat, but I think the numbers arbitrary five, nine, six,

615
00:53:33,210 --> 00:53:38,670
on to me as I understand that I'm more concerned with.

616
00:53:40,080 --> 00:53:42,440
I'm usually a huge density fan.

617
00:53:45,400 --> 00:53:49,700
But in this case, I just feel, I don't know,

618
00:53:49,920 --> 00:53:53,040
it feels wedged it feels we had some vacant land.

619
00:53:53,040 --> 00:53:54,360
Let's put something there.

620
00:53:55,120 --> 00:53:59,220
I don't know, I'm just thinking out loud.

621
00:54:01,460 --> 00:54:06,600
But yeah, I'm still on the side of this point,

622
00:54:06,600 --> 00:54:10,440
some. You call the motion. I will.

623
00:54:15,430 --> 00:54:20,800
Yeah, I've said my part. Anybody else? Okay,

624
00:54:20,840 --> 00:54:25,560
sing down on the floor. All those in favor of the motion as presented with the amendments.

625
00:54:25,640 --> 00:54:32,020
All those in favor please raise your hand. Any opposed? And that vote goes to two, two,

626
00:54:32,100 --> 00:54:38,800
which is a tie for now. So before moving forward, I will ask, mean you Greg,

627
00:54:38,800 --> 00:54:48,440
it's where an opposition, is there anything that potentially would change here that would make you

628
00:54:48,440 --> 00:54:52,000
happier with us or change your vote or anything like that? Do you think just to try to get to

629
00:54:52,000 --> 00:54:59,200
something here? Okay. I'll present it to my question myself as well. For me, I've kind of said my

630
00:54:59,200 --> 00:54:59,960
I was...

631
00:55:00,480 --> 00:55:12,280
So, mine is a kind of a hard number, so that's my reasoning. I will ask David and Paul, if you have any other thoughts on this, or if there's anything that would sway you in other one way or the other.

632
00:55:14,000 --> 00:55:20,220
Well, I will say you definitely have a good argument based on the amount of work that went into our comprehensive plan and air.

633
00:55:20,220 --> 00:55:27,900
and in relation to that argument, but also the DPC said it was in line with our comprehensive

634
00:55:27,900 --> 00:55:34,720
families. We've all put a lot of work into. I also understand the need and I love that community

635
00:55:34,720 --> 00:55:42,000
and I think based on your recommendation, if they show their plan, their development plan,

636
00:55:42,220 --> 00:55:47,080
how they're going to execute that. If it has low income, low to no impact on the current

637
00:55:48,000 --> 00:56:17,060
I just imagine one of my mother, father, to have the opportunity to live in the city that I chair, and so they process projects appropriately with respecting their current people that live there, but also give an opportunity for some residents that are already waiting, or, you know, my, my family, and to live in Wistout, which we all love, I'm all for it just based on, you know,

638
00:56:17,060 --> 00:56:21,540
not having a solid plan, make sure that there's little to no impact on the current residents

639
00:56:21,540 --> 00:56:25,000
for giving other people to add the opportunity as well.

640
00:56:27,800 --> 00:56:34,720
Okay, so it sounds like that motion dies, however I've never had this before, so I know

641
00:56:34,720 --> 00:56:39,340
Casey can go forward with no recommendation, but I'm not sure how we can do that or if we

642
00:56:39,340 --> 00:56:42,900
even can do that or how that works, I'll pitch that to staff if you have any inputs.

643
00:56:44,480 --> 00:56:48,260
So I would think at this time there's two ways to go forward.

644
00:56:48,260 --> 00:56:58,040
This could likely this split decision could be presented to Council as the results of the Planning Commission deliberation.

645
00:56:58,360 --> 00:57:05,560
If you feel that having a full complement of commissioners may change the decision-making process,

646
00:57:06,060 --> 00:57:12,780
you could certainly table the, you know, table discussion to allow that.

647
00:57:12,780 --> 00:57:20,860
However, if you think that even with all the members here that it's still likely to, it's still

648
00:57:20,860 --> 00:57:31,440
may end up similarly, I guess you'd hope to have an uneven number correct, right, to have a clear

649
00:57:31,440 --> 00:57:39,340
decision. So those would be a couple of options on the table. You know, I think that really depends

650
00:57:39,340 --> 00:57:44,200
on. If you see that there's going to be a likely change in outcome.

651
00:57:45,280 --> 00:57:45,640
Okay.

652
00:57:48,760 --> 00:57:51,140
I've just given my preference is that I'll open up the commission if you want

653
00:57:51,140 --> 00:57:57,660
emotional and something else, but I don't see any a whole lot of, I don't know what the

654
00:57:57,660 --> 00:58:02,600
word's value, I'm not sure if holding it up, but the table is, you know, with the chance

655
00:58:02,600 --> 00:58:07,320
we come back and we have the same result and then it's just a late month. So, but I'll open

656
00:58:07,320 --> 00:58:10,900
up if you don't know what to get a motion for that or any other motion you'd like to make other

657
00:58:10,900 --> 00:58:17,540
than that. I think we're trying to send it forward as a basically a no vote, a 22 dead

658
00:58:17,540 --> 00:58:23,680
lock essentially. Yeah, I tend to agree with that. I think that's the right decision. I think it

659
00:58:23,680 --> 00:58:29,500
has more to do with the count of commissioners here than it does. You think, so if you're

660
00:58:29,500 --> 00:58:34,780
pointing it up, it's not, I don't think it's the right thing. I think we passed along. It was a 22

661
00:58:34,780 --> 00:58:37,360
did lock. That's what we are.

662
00:58:39,680 --> 00:58:42,960
Okay, so do we have any other motions or is that that it for that case for here?

663
00:58:43,800 --> 00:58:48,940
I don't believe any further motions are needed. Staff will transmit the results of the vote.

664
00:58:50,000 --> 00:58:56,180
Okay, again, if you are that will go forward. Kind of an odd item here are a situation I've ever seen, but that will go forward.

665
00:58:56,240 --> 00:58:59,360
It's much of a no vote from planning commission based on the deliberations you heard.

666
00:58:59,560 --> 00:59:02,900
I do highly recommend if you are in a set case to keep falling on to city accounts.

667
00:59:04,160 --> 00:59:09,340
Next case up is going to be zoning case 1, same 3, dash 26, that is Dixie Speedway and

668
00:59:09,340 --> 00:59:11,940
Town View Commons and that is Ms. Ray,

669
00:59:19,730 --> 00:59:20,210
our city manager.

670
00:59:22,010 --> 00:59:23,970
Do you want to take a two minute break?

671
00:59:24,250 --> 00:59:24,570
That's fine.

672
00:59:24,570 --> 00:59:24,990
We can do that.

673
00:59:25,090 --> 00:59:25,530
Let the room clear.

674
00:59:25,730 --> 00:59:26,270
Let's take,

675
00:59:28,520 --> 00:59:31,680
we'll just call it 805, be back in here, but that works.

676
00:59:34,630 --> 00:59:37,010
We'll take about a five minute break, 805, where you can beat.

677
00:59:37,170 --> 00:59:37,990
I'm sorry if you didn't hear that.

678
00:59:38,010 --> 00:59:38,410
Thank you.

679
01:00:35,120 --> 01:00:39,720
All right, everybody. If you would please take your seats, we will get started back in the meeting. We

680
01:00:39,720 --> 01:00:45,700
loft off with, so any case, one, seven, three, yes, twenty, six, Dixie, speedway, and town of U. Commons.

681
01:00:46,040 --> 01:00:53,400
Mr. moving. Thank you, sir. I guess I'll start by this is, I told you before the meeting is, I think,

682
01:00:53,580 --> 01:00:57,940
the fourth time in 18 plus years of city manager, I've actually spoken to the Planning Commission.

683
01:00:58,420 --> 01:01:02,060
It's ended a lot of meetings, but this is the first time I've actually, one of the few times I actually

684
01:01:02,680 --> 01:01:08,280
But there's a compelling city interest because it was a city initiative project, so that's why I'm here to give you the background.

685
01:01:08,980 --> 01:01:14,160
This project is a little different. This case is a little different, typically when you have an annexation come before you.

686
01:01:14,640 --> 01:01:16,540
Sanxation and his own incoming together.

687
01:01:17,320 --> 01:01:24,840
In this case, the annexation was already completed by Legislative Act by the General Assembly and signed into place by the governor.

688
01:01:26,200 --> 01:01:28,980
So, the annexation has already occurred.

689
01:01:29,620 --> 01:01:33,460
When property is annexed by legislation into the city limits,

690
01:01:34,100 --> 01:01:37,180
it does not carry the county zoning forward with it.

691
01:01:37,300 --> 01:01:38,900
It comes in unzoned.

692
01:01:40,280 --> 01:01:42,800
So, no zoning in effect on the property.

693
01:01:42,940 --> 01:01:46,820
That's why mayor and council adopted a moratorium on development

694
01:01:46,820 --> 01:01:51,560
in the area because until it could go through the zoning process.

695
01:01:52,200 --> 01:01:59,040
This has been five to six years worth of effort to get to the point of annexation on this.

696
01:02:00,080 --> 01:02:08,520
Looking at multiple methods of annexations, all had problems including even, we couldn't even do a referendum because one property owned her own too much property.

697
01:02:09,300 --> 01:02:11,860
So that left us with the legislative option.

698
01:02:12,220 --> 01:02:18,180
We've had conversations with Dixie for five to six years about annexing into the city limits.

699
01:02:18,180 --> 01:02:21,920
they're a valued partner of visit would stock our conviction of visitor's bureau.

700
01:02:23,620 --> 01:02:28,540
They also we had a situation with town view which was between the city limits in Dixie.

701
01:02:28,780 --> 01:02:34,280
We're about 40% of the development from 2004 original file date.

702
01:02:34,620 --> 01:02:37,640
It was in the city limits, the balance of it was out of the city.

703
01:02:38,680 --> 01:02:44,620
That wouldn't happen in this day and age, but it happened then, which created some service delivery challenges and issues.

704
01:02:44,620 --> 01:02:48,660
And then also there was a light industrial parcel

705
01:02:48,660 --> 01:02:52,020
between Townview and Dixie that the city needed

706
01:02:52,020 --> 01:02:54,800
for it to be continuous the city purchased that lot.

707
01:02:55,600 --> 01:02:58,420
So we wind up with three categories of owners in this.

708
01:02:58,440 --> 01:03:01,440
The Townview Commons I'll refer to as the

709
01:03:01,440 --> 01:03:04,100
unincorporated Town Home portion of that development.

710
01:03:04,800 --> 01:03:07,260
The commercial or industrial lot at the city bought.

711
01:03:07,720 --> 01:03:09,960
And then multiple lots at the swim families

712
01:03:09,960 --> 01:03:16,200
or LLCs that they own or control own multiple parcels.

713
01:03:18,520 --> 01:03:24,360
We are only have records of two other times in the city's history that there was a legislative annexation.

714
01:03:25,140 --> 01:03:31,060
One was Highway 92 and the second was Interstate 575 annexing them into the city limits.

715
01:03:31,700 --> 01:03:33,740
So this is not something that happens frequently.

716
01:03:33,740 --> 01:03:43,480
So, when we approached the delegation about annexing the Town View and Dixie properties,

717
01:03:43,820 --> 01:03:48,660
I'll refer to them into the city limits, they set some conditions for us.

718
01:03:49,020 --> 01:03:53,280
In order to introduce legislation, we had to comply with those conditions.

719
01:03:54,300 --> 01:04:00,960
Number one, we had to receive a request from the Town View HOA, requesting legislative annexation

720
01:04:00,960 --> 01:04:03,560
for the balance of the town view town homes.

721
01:04:05,400 --> 01:04:07,940
We received that, submitted it.

722
01:04:08,380 --> 01:04:11,480
We had to receive permission from the light and industrial

723
01:04:11,480 --> 01:04:16,120
lot that was separate and the city bought that lot,

724
01:04:16,460 --> 01:04:17,560
the city gave permission.

725
01:04:18,420 --> 01:04:20,000
And that left the Dixie parcels.

726
01:04:20,620 --> 01:04:24,800
And we received written requests to the delegation

727
01:04:25,560 --> 01:04:28,520
from the controlling parties of all the Dixie parcels

728
01:04:28,520 --> 01:04:30,580
requesting legislative annexation.

729
01:04:31,200 --> 01:04:32,780
The last condition that was placed still

730
01:04:32,780 --> 01:04:34,720
in this by the general buyer delegation

731
01:04:34,720 --> 01:04:37,620
was, although it was in the growth boundary agreement

732
01:04:37,620 --> 01:04:40,320
with the county, they wanted a resolution

733
01:04:40,320 --> 01:04:43,880
from the Board of Commissioners saying

734
01:04:43,880 --> 01:04:45,820
that they did not object to this.

735
01:04:47,020 --> 01:04:50,980
In order to get that resolution from the county approved,

736
01:04:51,120 --> 01:04:54,380
which was approved and submitted, the CD had to make

737
01:04:54,380 --> 01:04:57,680
commitments to the county that we would not do anything

738
01:04:57,680 --> 01:04:59,800
in the zoning process that would restrict.

739
01:05:00,000 --> 01:05:14,860
The XE speedway from how he historically has operated. That would be from the race track, that would be from the transfer station that first opened in 2019, that would also include this special events that they have.

740
01:05:15,860 --> 01:05:23,400
So, the council made that commitment to the commission and also to the delegation,

741
01:05:25,500 --> 01:05:31,400
and that bill was introduced approved signed by the governor, and that's why we're here today.

742
01:05:31,400 --> 01:05:39,080
So, since then, after the Council adopted the moratorium staff sat down, we met with the HOA,

743
01:05:39,420 --> 01:05:45,280
we met with the Swim family and their representatives, looking at the zoning ordinance

744
01:05:45,280 --> 01:05:52,160
and what most closely matches what they have in the county with what they have in the city.

745
01:05:53,940 --> 01:05:59,580
The residential units line-up, light industrial line-up, general commercial line-up, how

746
01:05:59,580 --> 01:06:04,340
difference was on the industrial zone property. Some of the light industrial would remain

747
01:06:04,340 --> 01:06:09,460
light industrial that match. The big difference was the transfer station in the county is a

748
01:06:09,460 --> 01:06:15,340
conditional use under light industrial, the county's light industrial. In the city zoning ordinance,

749
01:06:16,060 --> 01:06:21,160
the transfer station would be under heavy industrial because that's where we have transfer stations.

750
01:06:23,000 --> 01:06:29,200
It's not as simple as just changing that because we already have a transfer station in a heavy

751
01:06:29,200 --> 01:06:34,460
industrial park on Main Street. And so you would be creating if you change that

752
01:06:34,460 --> 01:06:37,780
why can you just change it from H.I. to L.I. because you would create a legal

753
01:06:37,780 --> 01:06:44,760
non-conforming. And that would be a challenge legally by doing that to the

754
01:06:44,760 --> 01:06:49,700
existing transfer of station. So it kind of puts in a little laundry and that's

755
01:06:50,440 --> 01:06:53,740
a lot of the Alkrye you've heard over this is over the H.I. zoning, but the reason

756
01:06:53,740 --> 01:06:59,980
and it's that way is because that's what our zoning ordinance has and has for 20 years had transfer

757
01:06:59,980 --> 01:07:06,260
stations. One thing I will say about town view and there's a specific variance in there

758
01:07:06,260 --> 01:07:12,700
that the city initiated I want to make sure I cover that as well. The 40% roughly of the town homes

759
01:07:12,700 --> 01:07:17,700
that are already in the city limits prior to July 1st were sprinkled. The ones that were building

760
01:07:17,700 --> 01:07:22,500
the county were not sprinkled because the county did not have in their development ordinance.

761
01:07:22,500 --> 01:07:31,920
So, since those are now in the city, in order to not create a legal non-conformity for those

762
01:07:32,500 --> 01:07:37,480
town homes that were developed in the county, staff included in the request of variants

763
01:07:37,480 --> 01:07:42,020
for them so that they would be permanently covered by not having to have sprinklers.

764
01:07:42,860 --> 01:07:44,440
We thought that was fair to the residents.

765
01:07:44,560 --> 01:07:47,960
The concern was what happens if one of the units burned down, they have to rebuild.

766
01:07:47,960 --> 01:07:55,400
It could create some challenges so that each simplest solution and to have the least impact on those residents that are

767
01:07:55,400 --> 01:08:01,960
We're coming into the city as part of this in town view was to request the variance before playing commission in council for the sprinklers

768
01:08:01,960 --> 01:08:04,220
That's the reason for that specific variance

769
01:08:04,220 --> 01:08:10,880
The other thing that the city as part of this will be doing is accepting the streets within town view as public streets

770
01:08:10,880 --> 01:08:13,780
That was the big request from the HOA

771
01:08:13,780 --> 01:08:16,280
So I'm happy to answer any questions

772
01:08:17,160 --> 01:08:29,960
Again, we were, our hands were tied by the commitments to the county and the delegation and about not restricting anything that Dixie currently does, and that's why we're here tonight.

773
01:08:30,760 --> 01:08:32,060
And I'm happy to answer any questions.

774
01:08:32,620 --> 01:08:37,720
Thank you, Jeff. Any questions for the city manager at this time?

775
01:08:38,260 --> 01:08:40,320
Okay, thank you.

776
01:08:40,440 --> 01:08:41,160
Do you want to?

777
01:08:55,130 --> 01:08:56,210
Only if I want to read something.

778
01:08:59,350 --> 01:09:07,430
Thank you, Mr. Moon, for providing that information as we get started here on case Z173-26.

779
01:09:14,700 --> 01:09:19,300
So the item before you hear is the initial zoning of approximately 138 acres that were

780
01:09:19,300 --> 01:09:22,800
annexed into the city of Woodstock by legislative action in May.

781
01:09:23,100 --> 01:09:27,420
The subject properties are in Council Ward 2 and are outlined on this map in Yola.

782
01:09:32,400 --> 01:09:34,760
The properties are on the north side of Highway 92.

783
01:09:34,760 --> 01:09:40,060
We are west of 575 east of Bell's ferry road and south of Baskham, Carmel Road.

784
01:09:40,540 --> 01:09:44,960
The properties include Dixie Speedway, a waste transfer station, the western portion of

785
01:09:44,960 --> 01:09:50,560
town view common subdivision, three small parcels in the industrial park, a parcel between

786
01:09:50,560 --> 01:09:56,620
the industrial park and King Ridge King's Ridge subdivision, which is in the county, and three

787
01:09:56,620 --> 01:09:58,940
parcels that are along Baskham, Carmel Road.

788
01:09:58,940 --> 01:09:59,920
They're all

789
01:10:00,000 --> 01:10:08,320
Our 129 parcels in town view commons that are included in this project, and then 10 other parcels, and it's a, like I said, approximately

790
01:10:10,220 --> 01:10:11,020
138 acres.

791
01:10:14,990 --> 01:10:20,710
I will skip over this slide, because Jeff did a great job walking us through this, but this, the image on the left

792
01:10:20,710 --> 01:10:26,970
show you the property owners so you can see how these swims family and the Dixie operations

793
01:10:26,970 --> 01:10:32,270
are a large percentage of the parcels and then the pink one there is the parcel that the city

794
01:10:32,270 --> 01:10:38,630
purchased for to help create continuity or continuity and then green indicates here the

795
01:10:38,630 --> 01:10:42,170
town view common subdivision. That's in the that was in the county.

796
01:10:47,070 --> 01:10:48,370
All right so through this process

797
01:10:48,370 --> 01:10:54,710
city staff and the property owners have aim to propose districts that are the closest to how the

798
01:10:54,710 --> 01:10:57,650
we're zoned in the county and how the parcels are actually used.

799
01:10:58,130 --> 01:11:04,330
That's the guidance that we would with that staff receive from the state legislature in the county to maintain that consistent zoning designation.

800
01:11:04,870 --> 01:11:07,310
So the map on the screen here is the Cherokee county zoning.

801
01:11:07,870 --> 01:11:11,210
How the parcels were zoned prior to annexation.

802
01:11:11,430 --> 01:11:12,730
It'll walk through them.

803
01:11:14,540 --> 01:11:18,120
Purple is light industrial and makes up the majority of the assemblage.

804
01:11:20,870 --> 01:11:27,330
Light green is our 40, which is large lot residential with a density of just over one unit per acre allowed.

805
01:11:31,260 --> 01:11:41,740
This orange color here is RTH, the residential town homes, that is on the portion of town view that was developed in the county and RTH has a max density of eight units per acre.

806
01:11:44,220 --> 01:11:48,200
Now looking at the map on the right, this is the proposed city designations.

807
01:11:48,480 --> 01:11:51,960
So the speedway and transfer station, those are proposed to become HIV.

808
01:11:52,880 --> 01:12:08,960
In city regulations, L.I. doesn't allow for the speedway or transfer station, so the proposed district for these two uses is H.I. to allow for the transfer station and speedway to ruin an operation, and that's appropriate for the intensity of the uses.

809
01:12:11,040 --> 01:12:26,380
The small portion down here that is outlined in red, or a shaded red, that's a small portion of parcel, the number gains in 275, it's proposed to become GC, which would allow for commercial development.

810
01:12:27,200 --> 01:12:34,380
In the city, GC zoning, no residential uses are allowed. So no apartments, no townhouses, no residential, it's just commercial.

811
01:12:38,120 --> 01:12:49,440
Here you've got the R40 along the Basque and Caramel Road that would become R1 in the city which is the city's least dense residential district with a maximum of two residential units per acre.

812
01:12:53,540 --> 01:13:00,260
The rest in light yellow is L.I. Light industrial and will allow for smaller less intense industrial uses.

813
01:13:00,700 --> 01:13:07,680
There is a portion of parcel 013A that you can kind of see over here to the right that's shaded a different color and has the red line.

814
01:13:08,200 --> 01:13:11,680
There's a portion of that parcel that is proposed to be L.I. that the property owner

815
01:13:11,680 --> 01:13:16,620
proposes will remain as an undisturbed buffer, which is documented in staff proposed conditions.

816
01:13:19,890 --> 01:13:26,690
And then finally, RTH would become proposed to become city R3C, which matches the rest

817
01:13:26,690 --> 01:13:30,430
of town view and is a residential district in city that allows townhomes.

818
01:13:35,560 --> 01:13:39,700
I'll walk through these different districts and uses in a little more detail, again, to reiterate

819
01:13:39,700 --> 01:13:44,980
the goal has been to maintain consistent zoning and use allowances between the county and the city.

820
01:13:45,620 --> 01:13:50,840
Dixie Speedway and the transfer station. So these parcels are proposed to be zoned heavy industrial due

821
01:13:50,840 --> 01:13:56,440
to the intensity of the uses. I'll touch on it on a later slide, but staff is proposing a condition

822
01:13:56,440 --> 01:14:02,720
that would prohibit certain we'll call them less desirable uses on the ACI parcels. A transfer station,

823
01:14:03,360 --> 01:14:08,840
I learned a lot about trash and transfer stations and dumps that I didn't know I was going to

824
01:14:08,840 --> 01:14:16,020
about. So just to tell you guys just for general knowledge, a transfer station is where solid waste is

825
01:14:16,020 --> 01:14:21,840
temporarily collected before being hauled off to a landfill or recycling site. And then construction

826
01:14:21,840 --> 01:14:28,400
and demolition materials, that's things common building materials, so concrete bricks, drywall,

827
01:14:28,580 --> 01:14:36,040
metal, so like that there's no household waste accepted at this facility. So the the transfer station

828
01:14:36,040 --> 01:14:41,640
has been an operations since 2019, capital waste services receive special use permit in 2024

829
01:14:41,640 --> 01:14:45,740
from Cherokee County. So to honor the rights that have the argument granted, the city would

830
01:14:45,740 --> 01:14:50,320
zone the property is H.I. and again you'll see some recommended condition language that would

831
01:14:50,320 --> 01:14:53,160
allow the continued operation of the waste transfer station.

832
01:14:55,220 --> 01:14:57,460
77729, how in 92 is a vacant parcel

833
01:14:57,460 --> 01:14:59,580
zone, light industrial and church counting.

834
01:15:00,000 --> 01:15:21,340
Property owner proposes splitting up the parcel at a national creek that's in the property. The portion north of the creek and a small north-the-south sliver would serve as access to the proposed property to be zoned H.I. and then south of the creek where it's shaded in red on the map here. The remainder of the parcel is proposed to become general commercial in the city.

835
01:15:21,340 --> 01:15:28,420
No development is proposed at this time, but GC zoning does allow a wide variety of commercial or office uses.

836
01:15:28,900 --> 01:15:32,340
Again, no residential use is allowed in city GC zoning.

837
01:15:34,200 --> 01:15:44,220
54542 and 550 or 545, sorry, industrial drive are vacant parcels located at the northern end of a cul-de-sac within the industrial park off highway 92 and industrial drive.

838
01:15:44,220 --> 01:15:52,140
These parcels were zoned L.I. in the county, and this application proposes L.I. zoning in the city, again, no development is proposed at these time on these parcels.

839
01:15:54,120 --> 01:15:58,780
I'll use the mouse here and show you. So this parcel here.

840
01:15:58,880 --> 01:16:02,100
There you go. That's the 013A.

841
01:16:02,680 --> 01:16:06,780
This is a parcel between the industrial park and King's Ridge West subdivision.

842
01:16:06,780 --> 01:16:12,600
And the parcel was zoned our 40 in the county and it is proposed to be zoned L.I. in the city.

843
01:16:12,820 --> 01:16:16,780
A portion of the southeast part of the property is proposed to remain as an undisturbed buffer.

844
01:16:17,060 --> 01:16:23,780
Generally as indicated as shown on the map and this area will be reserved through a proposed zoning condition.

845
01:16:25,340 --> 01:16:28,520
There are three properties that have frontage on basketball carmel road.

846
01:16:28,980 --> 01:16:34,720
The county zoning designation was our 40 which is large lot residential with a density of just over one unit per acre.

847
01:16:34,720 --> 01:16:39,580
The most comparable city designation is R1, which is single family residential, with a minimum

848
01:16:39,580 --> 01:16:43,560
lot size of half an acre and maximum density of two dwelling units per acre.

849
01:16:44,580 --> 01:16:47,200
This is Woodstock's least-dance residential district.

850
01:16:47,840 --> 01:16:52,880
From what I understand, the topography on these parcels may limit future development, however,

851
01:16:53,200 --> 01:16:56,960
just to, again, state, no development as proposed at this time on these parcels.

852
01:16:57,900 --> 01:17:01,780
The town view common subdivision was developed in both unincorporated Cherokee County and

853
01:17:01,780 --> 01:17:02,720
City of Woodstock.

854
01:17:02,880 --> 01:17:07,380
The city side was built out with traditional town homes and the city side developed the

855
01:17:07,380 --> 01:17:09,620
attached town homes in detached single family.

856
01:17:10,340 --> 01:17:14,680
The county side was originally owned H.I. but a 2019 effort by the county to resolve

857
01:17:14,680 --> 01:17:18,540
a number of non-conforming residential developments along Highway 92 saw the parcels

858
01:17:18,540 --> 01:17:21,760
re-zone to R.T.H., which is residential town home.

859
01:17:22,280 --> 01:17:27,040
The city portion of town view to Commons is zoned R.3, which allows residential development

860
01:17:27,040 --> 01:17:28,120
had a similar density.

861
01:17:28,560 --> 01:17:30,980
It's recommended that the annex portion of Town View Commons

862
01:17:30,980 --> 01:17:34,420
be zoned R3, which would mean that the entire subdivision

863
01:17:34,420 --> 01:17:37,460
would now have the same zoning designation.

864
01:17:42,760 --> 01:17:45,400
We've talked a little bit about uses on earlier slides,

865
01:17:45,840 --> 01:17:49,320
but it's just a moment here on this topic.

866
01:17:49,740 --> 01:17:52,040
The parcel with the transfer station is zoned LI

867
01:17:52,040 --> 01:17:54,540
on county maps, but city zoning doesn't support

868
01:17:54,540 --> 01:17:57,540
transfer station the transfer station use in LI.

869
01:17:57,620 --> 01:17:59,400
So HI is the most closely situated

870
01:17:59,400 --> 01:18:02,960
to the use of the property, in the city of Woodstock zoning.

871
01:18:03,180 --> 01:18:05,720
Again, the waste transfer station is only allowed in H.I.

872
01:18:05,720 --> 01:18:08,480
and as a conditional use, so you'll see a proposed condition

873
01:18:08,480 --> 01:18:11,540
that allows the continued operation of the transfer station.

874
01:18:12,160 --> 01:18:14,740
A race track may not specifically called out in the city's

875
01:18:14,740 --> 01:18:17,700
uses matrix, but given the intensity H.I. is most appropriate.

876
01:18:18,620 --> 01:18:21,840
In collaboration with the property owner, staff is proposing certain uses

877
01:18:21,840 --> 01:18:23,680
be prohibited by zoning condition.

878
01:18:25,000 --> 01:18:28,820
These uses are shown this slide, so we've got meat processing facility.

879
01:18:28,820 --> 01:18:33,740
mobile home sales, a saw mill, petroleum storage, and sexually oriented businesses.

880
01:18:35,640 --> 01:18:43,540
So, with this list, even if the use is allowed by the city in our uses matrix, with the proposed zoning condition,

881
01:18:43,920 --> 01:18:50,640
those uses would be prohibited that would be stated in the adopting ordinance in the entitlements and would be prohibited.

882
01:18:51,280 --> 01:18:57,020
In order to modify that list and allow one of those uses, a condition limit would be required and that would,

883
01:18:57,020 --> 01:19:01,920
you know, be a whole public hearing process and couldn't just happen overnight.

884
01:19:03,560 --> 01:19:09,320
GC zoning does not allow residential uses so we wouldn't see any apartments or any other

885
01:19:09,320 --> 01:19:16,680
residents on a GC parcel. And finally as Mr. Moon noted, I missed the bullet here on this

886
01:19:16,680 --> 01:19:21,480
slide, but as Mr. Moon noted, the city standard today would require the townhouse building

887
01:19:21,480 --> 01:19:26,960
South Sprinkwich System, so a variance is noted in the conditions as well to see code section

888
01:19:26,960 --> 01:19:29,060
I think it's in chapter 14 of the city code.

889
01:19:34,040 --> 01:19:37,520
Looking at the comprehensive plan character area for these parcels, the majority of the

890
01:19:37,520 --> 01:19:42,460
acreage is in the workplace center character area, which is appropriate for industrial uses,

891
01:19:42,720 --> 01:19:48,940
such as we see in the industrial park, and then town view commons is in neighborhood living,

892
01:19:49,100 --> 01:19:51,700
which fittingly describes the town view commons development.

893
01:19:56,150 --> 01:19:59,890
Staff held two public meetings for the Zoning Project, the list below.

894
01:20:00,000 --> 01:20:11,960
It was included in your agenda packet as a summary of items, but just a touch on a couple of them. There were a couple of folks that brought up environmental concerns with the transfer station and the former landfill that was on the site.

895
01:20:13,140 --> 01:20:25,520
We've talked about the, we talked about it here as well, but we talked about the variety of uses that are allowed under L.I. and H.I. and whether H.I. was appropriate given some of the, again, less desirable uses that could be developed under H.I.

896
01:20:25,520 --> 01:20:32,500
The question was brought up at the public input meeting, you know, could Dixie be its own special district or an overlay.

897
01:20:33,100 --> 01:20:40,620
The answer there is no because we're through this process, we are not creating any new zoning districts or overlays with the project.

898
01:20:41,080 --> 01:20:50,520
You know, the guidance we were given from the legislature in County Board of Commissioners was to maintain the consistent zoning and uses creating a new district or overlay would not accomplish that.

899
01:20:52,120 --> 01:20:55,560
The possibility of a data center use on any of the parcels.

900
01:20:56,420 --> 01:20:59,440
Just to reiterate, staff has not had any discussion with any developers.

901
01:21:00,100 --> 01:21:04,460
We're not aware of any plans for development on any of the parcels.

902
01:21:05,740 --> 01:21:10,560
As are uses matrixes right now, a data center is not a use that lives in our code.

903
01:21:11,840 --> 01:21:14,320
And there's not a comparable use.

904
01:21:15,920 --> 01:21:19,560
If it's not allowed and we don't have a comparable use, it's not permitted.

905
01:21:20,760 --> 01:21:32,480
Now, if that was a use that you all as planning commission or a city council wish to add to a prohibited list, that would be perhaps in your purview to consider.

906
01:21:34,200 --> 01:21:47,480
So, this isn't a full recap of all the topics and it's obviously not a verbatim record of the conversation at the public input meeting, but I did just want to touch on a couple of things because we did have quite a bit of conversation about this project.

907
01:21:47,480 --> 01:21:51,300
and we've gotten a handful of emails that were all included in your agenda package tonight.

908
01:21:54,670 --> 01:21:55,810
So I'll move into the recommendation.

909
01:21:57,070 --> 01:22:02,510
The staff committee met and discussed the proposed zoning and recommended the subject

910
01:22:02,510 --> 01:22:05,290
parcels to be resowned as discussed.

911
01:22:05,510 --> 01:22:12,110
I won't go through all of them here but they are as discussed and as we've noted in the agenda packet.

912
01:22:13,870 --> 01:22:16,170
And they would be subject to the following conditions of approval.

913
01:22:16,170 --> 01:22:21,430
as to the two HIs zone properties that's the Dixie Speedway property as well as the

914
01:22:21,430 --> 01:22:27,390
transfer station property, prohibiting the five uses that we discuss, so me

915
01:22:27,390 --> 01:22:31,150
processing sexually or businesses mobile home sales, petroleum products and

916
01:22:31,150 --> 01:22:36,670
sawmill. Number two here, this addresses the waste transfer station that would allow

917
01:22:36,670 --> 01:22:41,310
the continued operation of the land fill and waste transfer station.

918
01:22:42,050 --> 01:22:53,710
Number three, acknowledges that Dixie Speedway hosts a lot of events and the city would not require individual special event permits for each of the events.

919
01:22:54,730 --> 01:23:00,110
It does outlines additional stuff here as it relates to fireworks. You would still need to get proper permits for that.

920
01:23:00,110 --> 01:23:08,250
fire permits and inspections for just if there are any food trucks on the

921
01:23:08,250 --> 01:23:12,430
events they would need to be properly licensed through the county. The

922
01:23:12,430 --> 01:23:15,510
noise ordinance from Cherokee County would be adopted for the H.I.

923
01:23:15,850 --> 01:23:22,410
parcels six touches on access from being limited off of industrial

924
01:23:22,410 --> 01:23:26,150
drive unless Cherokee County allowed it because that is a county road we don't

925
01:23:26,150 --> 01:23:34,270
say over how someone can access that. Number seven, just acknowledging that any existing buildings,

926
01:23:34,790 --> 01:23:40,810
and, you know, parts two, Dixie Speedway, maybe legally not conforming to city ordinances.

927
01:23:41,550 --> 01:23:45,630
No hazardous waste or medical waste should be allowed to be stored on the site.

928
01:23:47,190 --> 01:23:53,190
And then for the LIsone property, I touched on this a little bit, but this is just

929
01:23:53,830 --> 01:23:59,650
commemorating that there would be an undeveloped buffer on the properties and within that buffer,

930
01:23:59,650 --> 01:24:04,990
the vertical construction would be allowed except utilities, access strides or easements to serve

931
01:24:04,990 --> 01:24:08,930
that tract or other adjacent properties should be allowed as permitted by the city.

932
01:24:09,630 --> 01:24:13,730
And then the last items here would pertain to the Town View Development.

933
01:24:14,410 --> 01:24:16,810
This is as Mr. Moon talked about.

934
01:24:17,130 --> 01:24:21,190
The Town Homes being constructed under Cherokee County Regulations, they were not constructed

935
01:24:21,190 --> 01:24:28,690
with sprinklers and so this is just granting a variance to that city code section and then

936
01:24:28,690 --> 01:24:33,110
also recognizing that the town homes are legally not conforming in city of Woodstock to our

937
01:24:33,110 --> 01:24:33,450
standards.

938
01:24:36,180 --> 01:24:42,880
So that completes my presentation on this. I'm happy to answer questions if

939
01:24:42,880 --> 01:24:49,100
there are any staff we are serving as the presenter in this case.

940
01:24:49,100 --> 01:24:51,920
So. Thank you.

941
01:24:52,640 --> 01:24:55,240
Commissioner's questions for staff this time.

942
01:24:58,510 --> 01:24:59,730
I got one. You want to sorry.

943
01:25:00,000 --> 01:25:05,740
I know Dixie Spadeways been there a long time, because I went there as a little kid. But the ways,

944
01:25:05,880 --> 01:25:10,900
transfer station, do you have any idea how long that's been there? Any estimate?

945
01:25:12,240 --> 01:25:12,340
Yeah.

946
01:25:12,800 --> 01:25:15,380
So it's 2019. Okay. Thank you.

947
01:25:18,330 --> 01:25:18,850
Any other questions?

948
01:25:20,410 --> 01:25:24,100
Okay. Seeing you and I guess we'll go straight to the public hearing then it opened up.

949
01:25:27,170 --> 01:25:32,410
I'd like to remind of where we do have 15 minutes again for opposition, so if you'd like to coordinate that,

950
01:25:32,410 --> 01:25:36,490
definitely feel free to. But we'll open it up the if anyone sounded to speak an

951
01:25:36,490 --> 01:25:41,070
opposition first. First time speaker is Rob Miller.

952
01:25:43,240 --> 01:25:44,640
Just a reminder, name and

953
01:25:44,640 --> 01:25:49,380
address for the record. Thank you. Rob Miller at 122 basketball drive. I'm in

954
01:25:49,380 --> 01:25:53,740
King's Church West subdivision. Good evening, Council and neighbors. My name is

955
01:25:53,740 --> 01:25:56,240
Rob Miller and I'm here tonight to speak an opposition to the pro's

956
01:25:56,240 --> 01:26:04,140
proposed rezoning of 13A from R-40 to light industrial. This parcel is particularly

957
01:26:04,140 --> 01:26:08,520
important because of where it sits, which is directly between the existing landfill

958
01:26:08,520 --> 01:26:14,980
and King Church West subdivision. Under the county, the property was owned R-40, and

959
01:26:14,980 --> 01:26:20,140
the proposal before you would change that to L-I light industrial. I'm not asking the

960
01:26:20,140 --> 01:26:25,440
city to ignore the realities of this surrounding development. I am asking you to

961
01:26:25,440 --> 01:26:30,060
carefully at what this particular zoning change means for the residential neighborhoods who

962
01:26:30,060 --> 01:26:36,680
lived directly next to it. The proposed zoning conditions established roughly two and a half

963
01:26:36,680 --> 01:26:43,960
acre undeveloped buffer along residential properties to the south and east, which I had the map with me,

964
01:26:44,420 --> 01:26:51,540
but you know, I got this. This sounds like a meaningful protection and it certainly could be,

965
01:26:51,540 --> 01:26:55,880
But the language of the condition raises an obvious question.

966
01:26:56,540 --> 01:27:01,720
The buffer specifically described joins existing residential properties and the supporting

967
01:27:01,720 --> 01:27:07,840
documentation appears to focus on the properties associated with independence walk, not

968
01:27:07,840 --> 01:27:08,780
King's Ridge West.

969
01:27:09,560 --> 01:27:10,760
What about King's Ridge West?

970
01:27:12,420 --> 01:27:14,060
We also join this track.

971
01:27:15,420 --> 01:27:21,340
Its residents will experience the same proximity to whatever industrial uses ultimately occur

972
01:27:21,340 --> 01:27:26,980
on these new parcels, and they should receive the same consideration and protection.

973
01:27:28,100 --> 01:27:34,600
Incidentally, we are on the city's development plan, we're eventually going to be annexed

974
01:27:34,600 --> 01:27:35,200
by all.

975
01:27:36,040 --> 01:27:39,060
So I'm here as a future resident of Woodstock.

976
01:27:40,320 --> 01:27:48,360
In 2020, there's another issue that I believe really deserves close and particular scrutiny.

977
01:27:48,360 --> 01:27:55,480
In 2023, the owners of this parcel on the adjacent landfill property sought to change the applicable

978
01:27:55,480 --> 01:28:01,460
EPD setback requirements while this property was still in Cherokee County.

979
01:28:03,020 --> 01:28:06,620
Now this parcel is being changed from our 40 to light industrial.

980
01:28:07,740 --> 01:28:13,240
So that change matters because removing that residential zoning designation could change

981
01:28:13,240 --> 01:28:22,600
those setback relationships between the landfill and my street and potentially reduce the protections

982
01:28:22,600 --> 01:28:25,940
that exist because that was a residential zone property.

983
01:28:27,200 --> 01:28:32,400
I believe the city council should understand exactly what consequences this rezoning will

984
01:28:32,400 --> 01:28:39,640
have before approving it. So tonight I respectfully demand that you deny L1 zoning to

985
01:28:39,640 --> 01:28:46,120
parcel 13A. And if the council believes that any kind of industrial zoning is appropriate, then

986
01:28:46,120 --> 01:28:52,560
at an absolute minimum, require equal and enforceable buffer protections for all a joining

987
01:28:52,560 --> 01:28:57,860
residential neighborhoods, including King's Ridge West. And make certain this zoning change

988
01:28:57,860 --> 01:29:02,800
does not inadvertently weaken the protections that residents have relied upon.

989
01:29:03,500 --> 01:29:08,480
Thank you for your time and consideration. I would love to answer questions, but I know I've got

990
01:29:08,480 --> 01:29:11,780
some friends and comrades here who want to share with you.

991
01:29:12,220 --> 01:29:14,120
So I'm happy to do that on y'all's time,

992
01:29:14,420 --> 01:29:16,260
but I don't want to take away from them.

993
01:29:16,640 --> 01:29:17,620
Thank you, appreciate it.

994
01:29:17,800 --> 01:29:18,300
All right.

995
01:29:21,250 --> 01:29:25,770
And the next speaker is Alex Singer, Heiken.

996
01:29:35,460 --> 01:29:36,560
Good evening, commissioners.

997
01:29:36,740 --> 01:29:38,100
My name is Alex and are Heiken.

998
01:29:38,480 --> 01:29:40,740
I'm a new resident of town of Heekomans.

999
01:29:41,540 --> 01:29:43,240
For some background, I'm a civil engineer

1000
01:29:43,240 --> 01:29:45,880
and a service member in the Georgia Army National Guard.

1001
01:29:46,280 --> 01:29:47,840
Fixing the Black Hawk helicopters,

1002
01:29:47,840 --> 01:29:51,820
you've probably seen fly ever from time to time. I've been a civil engineer for about eight

1003
01:29:51,820 --> 01:29:55,760
years and I've had the privilege to design and represent an extremely wide range of projects

1004
01:29:55,760 --> 01:29:59,460
from commercial to residential to having industrial to now international.

1005
01:30:00,000 --> 01:30:08,420
Um, airports and design at A.E. Com. As such, I am intimately more familiar with reading code, zoning procedures, and the development process than the average resident.

1006
01:30:08,840 --> 01:30:14,600
Tonight, I would like to discuss what I believe isn't a appearance of impropriety in the subject of this zoning case.

1007
01:30:14,860 --> 01:30:27,460
I ask for clarification on five items that continue to confuse me. Firstly, the staff recommend the staff reports states that a portion of affected charity county residents were not properly notified of the public input meeting

1008
01:30:27,460 --> 01:30:31,240
and that a second meeting was scheduled in August 26th to correct that error.

1009
01:30:31,900 --> 01:30:36,080
I was one of if not the only one to actually call a notifying them, I would notify them of

1010
01:30:36,080 --> 01:30:41,380
this based on the initial response I got from a phone call later that day from new one.

1011
01:30:43,440 --> 01:30:47,900
The day after the first meeting, the DPZ voted on August 12th unanimously,

1012
01:30:49,740 --> 01:30:53,920
which is quite confusing because then two weeks later there was a second

1013
01:30:53,920 --> 01:31:00,360
public hearing to amend the error of not milling out notice.

1014
01:31:00,900 --> 01:31:04,660
If the city deemed unnecessary to hold a second meeting, shouldn't those residents' opinions

1015
01:31:04,660 --> 01:31:07,820
and voices have the ability to sway the DRC vote?

1016
01:31:08,820 --> 01:31:14,100
Secondly, I want to return to a question I have had from the beginning, and for which I still

1017
01:31:14,100 --> 01:31:20,100
have yet to receive a satisfactory answer, why having industrial for both the speedway and the

1018
01:31:20,100 --> 01:31:25,260
In my opinion, the collection and transfer of waste is not inherently a heavy industrial activity.

1019
01:31:25,820 --> 01:31:30,900
Every resident who receives weekly trash service via red oak experiences same process of waste pickup.

1020
01:31:31,520 --> 01:31:34,060
So let's specifically justify the heavy industrial designation.

1021
01:31:34,640 --> 01:31:36,300
Is it the temporary storage of waste?

1022
01:31:36,840 --> 01:31:39,100
Is it odor concerns? Is it the size of property?

1023
01:31:39,220 --> 01:31:45,780
Or is it because the transportation is associated with a landfill that's currently set to close under Georgia EPD and EPA regulations?

1024
01:31:45,780 --> 01:31:52,080
my point is that I believe the city of Woodstock should use this rezoning as an opportunity

1025
01:31:52,080 --> 01:31:59,000
to reexamine the weather waste transfer statement, waste transfer station truly belongs exclusively

1026
01:31:59,000 --> 01:32:00,580
in the heavy industrial category.

1027
01:32:01,040 --> 01:32:06,880
Charity County recognized that as light industrial for a little short of a decade and permanent

1028
01:32:06,880 --> 01:32:08,860
through the special use permit for even longer.

1029
01:32:10,020 --> 01:32:13,160
Furthermore, the city has already demonstrated a willingness to apply a tailored zoning

1030
01:32:13,160 --> 01:32:17,680
solutions with the annexed area as general commercial and light industrial.

1031
01:32:19,860 --> 01:32:25,840
We could have a light industrial Dixie Speedway with the same sliver as seen in the parts

1032
01:32:25,840 --> 01:32:27,480
below it as heavy industrial.

1033
01:32:28,320 --> 01:32:33,840
At every turn we've been told that there's an inability to zone the light the Dixie

1034
01:32:33,840 --> 01:32:36,600
Speedway is light industrial because of the waste transportation.

1035
01:32:36,600 --> 01:32:41,980
In the use matrix, there is absolutely nothing allowing for a speedway as it stands.

1036
01:32:43,940 --> 01:32:48,840
If we're going to annex a sin and zone it, why not zone it in a way that benefits everybody?

1037
01:32:50,420 --> 01:32:53,700
There's nothing in city code that the explicit requires a speedway to be zone having

1038
01:32:53,700 --> 01:32:54,060
industrial.

1039
01:32:54,300 --> 01:32:58,320
In fact, because a speedway is not currently identified as a permit to use within the

1040
01:32:58,320 --> 01:33:02,880
city zone matrix, the code will need to be a member of regardless of zone classification

1041
01:33:03,580 --> 01:33:07,700
given that reality why not consider a solution that keeps 60-speed way under light industrial

1042
01:33:07,700 --> 01:33:13,120
zoning while dressing a transportation through a targeted code amendment, conditional approval

1043
01:33:13,120 --> 01:33:14,200
or other mechanisms.

1044
01:33:14,880 --> 01:33:19,100
If that approach is not being considered that the option of utilizing industrial drive as the

1045
01:33:19,100 --> 01:33:23,700
primary point of access to the waste transfer station still exists, that access was previously

1046
01:33:23,700 --> 01:33:29,740
authorized by Cherokee County and is further supported by Cherokee County Code Section 7.713D,

1047
01:33:29,740 --> 01:33:33,580
which says that in all ways transfer additions must have direct access

1048
01:33:33,580 --> 01:33:35,440
to a county maintain roadway.

1049
01:33:36,320 --> 01:33:38,360
Thirdly, I would like to highlight another issue of concern,

1050
01:33:38,540 --> 01:33:40,660
which contributes to the appearance of impropriety.

1051
01:33:41,000 --> 01:33:42,880
City staff have had over four weeks

1052
01:33:42,880 --> 01:33:45,720
to create a portion of the Sony case for today's agenda.

1053
01:33:46,180 --> 01:33:48,380
It was made publicly available Friday afternoon,

1054
01:33:48,380 --> 01:33:49,540
late Friday afternoon.

1055
01:33:50,000 --> 01:33:52,120
To my knowledge, it was not probably added

1056
01:33:52,120 --> 01:33:54,500
to several commonly used sections of the city website,

1057
01:33:54,620 --> 01:33:57,220
such as active projects, nor was it distributed residents,

1058
01:33:57,220 --> 01:33:59,380
the email or by mail.

1059
01:34:00,120 --> 01:34:04,340
We are expected to review hundreds of pages of documents, research the issues, research the

1060
01:34:04,340 --> 01:34:09,160
code, and prepare informed comments while balancing work, family, military service, and

1061
01:34:09,160 --> 01:34:10,300
a plethora of other issues.

1062
01:34:10,520 --> 01:34:15,200
Staff has had more than four weeks to formulate this series of code, and yet we have less

1063
01:34:15,200 --> 01:34:15,780
than four days.

1064
01:34:17,880 --> 01:34:21,600
Fourthly, I would like to inquire why the waste transportation has not been required to obtain

1065
01:34:21,600 --> 01:34:28,500
conditionally use permit as required by City of Woodstock Code under Article 5, Section 7.502

1066
01:34:28,500 --> 01:34:30,220
of the City's land development ordinance.

1067
01:34:30,680 --> 01:34:36,040
Given that the staff report states on page 33 of the agenda that a waste transfer stations

1068
01:34:36,040 --> 01:34:39,860
are not permitted are only permitted within the heavy industrial district through a

1069
01:34:39,860 --> 01:34:40,860
conditional use permit.

1070
01:34:41,500 --> 01:34:44,700
The open records request and emails with City staff, I was informed there are no current

1071
01:34:44,700 --> 01:34:49,200
permits being saw after, applied for or granted, and the City of Woodstock does not intend

1072
01:34:49,200 --> 01:34:52,720
grandfather in the SCP-Granded by Cherokee County.

1073
01:34:53,340 --> 01:34:59,060
In closing, based on the unanimous public sent at each public meeting so far in a wide array

1074
01:34:59,060 --> 01:34:59,440
of topics.

1075
01:35:00,000 --> 01:35:06,420
Of this proposed zoning case, the lack of concise planning regarding the CEP slash SUP, and a constrained timeline,

1076
01:35:07,100 --> 01:35:12,920
I vehemently invite Council to take a moment at the end of all the public comment and read,

1077
01:35:12,920 --> 01:35:18,420
my email is visible from E21 to E24. Thank you all for your time. I do genuinely love this community

1078
01:35:18,420 --> 01:35:23,360
and the state of Woodstock, and I hope to continue to mold it towards a better future. Thank you for your time.

1079
01:35:23,600 --> 01:35:24,280
Thank you.

1080
01:35:27,800 --> 01:35:28,680
Can Davis

1081
01:35:31,300 --> 01:35:34,460
name and address for the record, please thank you.

1082
01:35:36,060 --> 01:35:41,260
Indeed, can Davis I'd reside at 103 KC Drive, which is part of town to you comments.

1083
01:35:41,840 --> 01:35:45,440
I'm also part of our HOA and the Secretary of the HOA Board.

1084
01:35:46,320 --> 01:35:49,420
So I just want to take a few minutes and by the way can I get a time check?

1085
01:35:52,970 --> 01:35:55,210
Okay, all right, and I'll be brief.

1086
01:35:55,750 --> 01:36:00,350
So a lot of the comments you've heard I'm not going to try and refocus those,

1087
01:36:00,350 --> 01:36:02,910
I probably look at it for more of a 10,000 foot view.

1088
01:36:03,370 --> 01:36:04,850
I do appreciate it very much.

1089
01:36:05,070 --> 01:36:08,650
The city's annexation is, as was mentioned by Mr. Moon,

1090
01:36:08,790 --> 01:36:10,830
that's something that's been in the works for a number of years.

1091
01:36:11,770 --> 01:36:16,530
However, the redistricting, the rezoning of Dixie Speedway

1092
01:36:16,530 --> 01:36:18,830
and some of the other areas, it's heavy industrial,

1093
01:36:19,270 --> 01:36:20,210
is very concerning.

1094
01:36:20,850 --> 01:36:25,490
Now I heard Mr. Moon come in, I heard the other young lady,

1095
01:36:25,650 --> 01:36:27,110
forgive me, having your name.

1096
01:36:27,330 --> 01:36:29,410
Talk about some of those zoning concerns.

1097
01:36:29,410 --> 01:36:37,990
And I think this idea that the city has to shoehorn those things into the current zoning

1098
01:36:37,990 --> 01:36:43,790
here is a little bit of the fiction, because what you have, you've got a situation where

1099
01:36:43,790 --> 01:36:46,850
you literally do have a blank slate, as you mentioned, it's unzoned.

1100
01:36:47,550 --> 01:36:51,610
So the city can kind of do what they want to with it, certainly within the things that

1101
01:36:52,350 --> 01:36:53,150
are there.

1102
01:36:53,150 --> 01:36:57,610
But, for example, that this recommendation to Dixie Speedway

1103
01:36:57,610 --> 01:36:59,290
B-Zone is heavy industrial.

1104
01:36:59,910 --> 01:37:02,310
I've not really heard any reason why that is.

1105
01:37:02,490 --> 01:37:04,110
The county-headed is light industrial.

1106
01:37:05,170 --> 01:37:06,890
The things that the communists have heard tonight,

1107
01:37:07,050 --> 01:37:08,790
the things that are in some of the materials,

1108
01:37:10,130 --> 01:37:13,730
are for the, the disinappropriate use.

1109
01:37:13,730 --> 01:37:15,670
I feel what the language was in the other,

1110
01:37:15,750 --> 01:37:19,470
but it was extenuating use that this there.

1111
01:37:20,150 --> 01:37:22,430
None of those things lay out any details

1112
01:37:22,430 --> 01:37:28,350
of why there's a distinction for those particular uses between light industrial and heavy

1113
01:37:28,350 --> 01:37:33,770
industrial. There's nothing there that says it has to be heavy industrial, other than just that

1114
01:37:33,770 --> 01:37:40,470
unsupported opinion, this in that, that those activities must be heavy industrial. And frankly,

1115
01:37:40,750 --> 01:37:46,290
I also heard the conditions at the legislature put on this and that the county commission put on it.

1116
01:37:46,290 --> 01:37:50,570
And there's nothing that says that that couldn't be zoned light industrial

1117
01:37:50,570 --> 01:37:52,170
and meet those conditions.

1118
01:37:52,790 --> 01:37:54,510
It could, it absolutely could.

1119
01:37:55,450 --> 01:37:58,410
The residents there myself included the ones that I know.

1120
01:37:59,070 --> 01:38:00,590
We're not opposed to what's already there,

1121
01:38:00,750 --> 01:38:02,970
the concern is what happens in the future

1122
01:38:02,970 --> 01:38:05,050
should it be resumed heavy industrial?

1123
01:38:05,610 --> 01:38:06,850
Certainly, it's not going to remain

1124
01:38:06,850 --> 01:38:08,290
in Dixie Street way forever.

1125
01:38:08,690 --> 01:38:09,970
Or these other parcels going to remain

1126
01:38:09,970 --> 01:38:10,870
what they are forever.

1127
01:38:11,590 --> 01:38:13,490
Some of the uses that are permitted,

1128
01:38:13,770 --> 01:38:15,770
that the concrete plants, those sort of things,

1129
01:38:16,130 --> 01:38:19,310
the dust, the noise, the smell, they talked about,

1130
01:38:19,310 --> 01:38:23,970
in reference to the transfer of station and I'm not opposed to the transfer of

1131
01:38:23,970 --> 01:38:30,570
station. I have trash too. You know what I'll do. But at the same time, is there

1132
01:38:30,570 --> 01:38:35,970
in need to transition what the county said was like industrial. And again, one of the

1133
01:38:35,970 --> 01:38:40,270
stated purposes in the documentation is presented to you was to preserve as much as

1134
01:38:40,270 --> 01:38:46,070
possible what the county's only was. How do you preserve that that then you're changing

1135
01:38:46,070 --> 01:38:52,950
the basic characterization to heavy industrial, which would permit much far more difficult and

1136
01:38:52,950 --> 01:39:00,170
heavier applications than what is now and what would in the future. So my recommendation

1137
01:39:00,170 --> 01:39:05,050
and I ask of this council is to consider that. There's nothing in the existing code that says

1138
01:39:05,050 --> 01:39:12,110
especially for Dixie Speedway that it couldn't be zoned light industrial and prevent some future

1139
01:39:12,110 --> 01:39:16,930
uses that would impact the homeowners there. And there's quite a number of homeowners there.

1140
01:39:17,070 --> 01:39:23,850
There's a number of folks here who are also in opposition to this. I appreciate your time.

1141
01:39:24,330 --> 01:39:28,590
I just really hope you would consider that and think about again, the purposes that

1142
01:39:29,150 --> 01:39:35,290
the city itself has laid out for what the rezoning should be in this idea that it has to be

1143
01:39:35,290 --> 01:39:40,550
zoned in this particular way to meet its current use. And I don't think that's accurate. And I think

1144
01:39:40,550 --> 01:39:43,330
if the council and this board looks at it,

1145
01:39:43,410 --> 01:39:45,010
I think you'll find the same thing.

1146
01:39:45,470 --> 01:39:46,790
So I appreciate your time.

1147
01:39:46,990 --> 01:39:47,810
I know there's some more time.

1148
01:39:47,910 --> 01:39:49,590
I don't know if there's anyone else that wants to speak,

1149
01:39:50,370 --> 01:39:52,530
but I'd be happy to answer questions for another minute

1150
01:39:52,530 --> 01:39:55,190
without taking out too much of anybody else's time.

1151
01:39:55,950 --> 01:39:56,490
Thank you, sir.

1152
01:39:56,570 --> 01:39:57,630
Appreciate your input.

1153
01:39:58,010 --> 01:39:58,970
Thank you very much.

1154
01:40:19,400 --> 01:40:20,060
Good

1155
01:40:29,220 --> 01:40:38,180
evening, commissioners. Thank you for your service. Go pick over in the Raj 163 Riverside Lane with stock 30188.

1156
01:40:42,210 --> 01:40:56,390
So I'm against this plan to reason heavy industry and I'm asking you to reject Z17326 as pleasant. This is not about shutting down an existing law for law operation.

1157
01:40:56,390 --> 01:41:03,210
It is about whether Woodstock should give a property owner approximately 98 acres of heavy industrial zoning

1158
01:41:03,210 --> 01:41:07,250
when that level of zoning has not been shown to be necessary.

1159
01:41:08,870 --> 01:41:12,570
These properties were previously zoned light in the Stilbert Cherokee County

1160
01:41:12,570 --> 01:41:17,550
now through annexation we have an opportunity to establish Woodstock zoning

1161
01:41:17,550 --> 01:41:24,270
but we should not use annexation as a reason to dramatically expand development rights.

1162
01:41:25,680 --> 01:41:32,780
The transportation may need heavy industrial zoning, but why does the 41 acre Dixie Speedway

1163
01:41:32,780 --> 01:41:34,700
property need heavy industrial zoning?

1164
01:41:35,500 --> 01:41:40,300
And if the answer to that heavy industrial is needed for a particular use, then why not

1165
01:41:40,300 --> 01:41:45,240
approve the minimum zoning necessary for that use, rather than opening the door to numerous

1166
01:41:45,240 --> 01:41:48,300
other intensive industrial users in the future?

1167
01:41:49,700 --> 01:41:54,560
Heavy industrial zoning can allow users that are substantially more impactful to surrounding

1168
01:41:54,560 --> 01:42:00,560
neighbourhoods, more truck traffic, noise, outdoor storage, industrial activity and other intensive

1169
01:42:00,560 --> 01:42:07,720
operations. My request is simple, don't zone for what might happen, zone for what is actually

1170
01:42:07,720 --> 01:42:13,720
needed. If the existing operation can be protected through a narrowly tailored zoning designation

1171
01:42:13,720 --> 01:42:19,980
or conditional use permit, let's do that. And let's preserve appropriate buffering, screening,

1172
01:42:19,980 --> 01:42:24,140
and traffic protections for the surrounding neighbourhoods.

1173
01:42:24,320 --> 01:42:27,100
Commissioners, once you approve heavy industrial zoning,

1174
01:42:27,420 --> 01:42:30,980
you cannot easily take those developments right back.

1175
01:42:32,500 --> 01:42:39,220
Please reject Z17326 as presented and require a more narrowly tailored proposal.

1176
01:42:39,940 --> 01:42:40,780
Thank you.

1177
01:42:42,740 --> 01:42:42,980
Thank you.

1178
01:42:45,760 --> 01:42:47,940
That was all the time we have tonight for the opposition.

1179
01:42:48,140 --> 01:42:49,480
Zemerilts, may more than they have.

1180
01:42:49,600 --> 01:42:50,640
Any concern up?

1181
01:42:51,480 --> 01:42:55,760
Okay. I'll give three minutes to anybody else, one additional person if you'd like to.

1182
01:42:56,460 --> 01:42:57,000
Darcy.

1183
01:43:02,480 --> 01:43:03,900
It's actually Derease Whitaker.

1184
01:43:04,380 --> 01:43:08,560
Good evening. I'm a property owner at Bascom Carmel Road, where I've currently building a home.

1185
01:43:08,700 --> 01:43:12,320
So this proposal has a direct and long-term impact on me.

1186
01:43:12,460 --> 01:43:18,340
I understand that tonight's action is intended to establish zoning for property recently annexed into the city.

1187
01:43:18,360 --> 01:43:23,700
And I'm not here because I oppose Dixie's foot speedway or the businesses that operate there today.

1188
01:43:23,700 --> 01:43:26,800
my concern is what heavy industrial zoning

1189
01:43:26,800 --> 01:43:28,060
could allow in the future.

1190
01:43:28,920 --> 01:43:31,120
The Speedway property was previously zoned

1191
01:43:31,120 --> 01:43:32,680
like industrial interior key counting

1192
01:43:32,680 --> 01:43:34,800
and now proposed is heavy industrial in Woodstock

1193
01:43:34,800 --> 01:43:37,360
while I appreciate that the CD has proposed restrictions

1194
01:43:37,360 --> 01:43:39,380
on certain heavy industrial uses.

1195
01:43:39,760 --> 01:43:41,780
I remain concerned about what could happen

1196
01:43:41,780 --> 01:43:44,640
if the Speedway closes, the property is sold

1197
01:43:44,640 --> 01:43:45,980
or ownership changes.

1198
01:43:47,900 --> 01:43:50,760
As someone investing in a home, sorry guys.

1199
01:43:50,760 --> 01:43:56,460
As someone investing in a home on basketball, I respectfully ask as a commission to consider

1200
01:43:56,460 --> 01:44:00,520
stronger permanent protections for surrounding residential properties, including protections

1201
01:44:00,520 --> 01:44:06,320
related to future industrial uses, truck traffic buffers, noises, lighting and environmental

1202
01:44:06,320 --> 01:44:06,920
impacts.

1203
01:44:07,220 --> 01:44:09,600
My concern is not necessarily what exists there today.

1204
01:44:09,960 --> 01:44:14,120
My concern is the long-term implications of assigning heavy industrial zoning for the large

1205
01:44:14,120 --> 01:44:14,880
parcels.

1206
01:44:15,140 --> 01:44:19,060
I respectfully ask the commission to consider whether a less intensive zoning designation

1207
01:44:19,060 --> 01:44:23,900
or stronger conditions of approval, would better protect the residential community while still

1208
01:44:23,900 --> 01:44:26,800
allowing the existing businesses to continue to operate.

1209
01:44:27,120 --> 01:44:28,480
Thank you.

1210
01:44:28,880 --> 01:44:29,280
Thank you, no.

1211
01:44:33,440 --> 01:44:33,900
John?

1212
01:44:35,420 --> 01:44:36,280
Do you have one minutes, sir?

1213
01:44:44,130 --> 01:44:48,690
1-38 quail run Woodstock, Georgia, and 5-3-4 industrial drive Woodstock, Georgia.

1214
01:44:49,010 --> 01:44:50,890
I've been arrested in Woodstock for 40 years.

1215
01:44:50,890 --> 01:44:59,650
The partial 13 or 2013 A discusses a road that could be possibly brought in or cut in

1216
01:44:59,650 --> 01:44:59,890
for you.

1217
01:45:00,000 --> 01:45:05,900
Who's on the area? And that would bring traffic. Our big concern and a lot of people that are concerned on industrial

1218
01:45:05,900 --> 01:45:11,640
drive, where we've owned a business for 30 years, is the roads are already destroyed. There's

1219
01:45:11,640 --> 01:45:16,860
pot holes that we serve and miss coming in. And if they're bringing heavy trucks up and down

1220
01:45:16,860 --> 01:45:22,520
our street all day long, it's just going to make it worse. And that's Cherokee County not woodstock. So

1221
01:45:22,520 --> 01:45:28,280
woodstock, I'm sure, would not be concerned with that road, as well as Dixie Drive and as rough

1222
01:45:28,280 --> 01:45:30,100
as Dixie Drive is, I don't know how to repair shop.

1223
01:45:30,120 --> 01:45:34,260
I drive down my street and Dixie Drive to listen for suspension noises

1224
01:45:34,260 --> 01:45:36,340
because there's some of the roughest roads in Cherokee County.

1225
01:45:39,460 --> 01:45:40,640
I do it every day.

1226
01:45:41,380 --> 01:45:43,400
And it scares me that they're doing that.

1227
01:45:43,760 --> 01:45:47,120
And you also said that 185 was purchased by Woodstock.

1228
01:45:47,620 --> 01:45:48,740
Of course, 185.

1229
01:45:49,360 --> 01:45:51,300
So, I just keep your comments to plan a commission.

1230
01:45:54,130 --> 01:45:54,390
Okay.

1231
01:45:54,610 --> 01:45:55,230
Thank you.

1232
01:45:57,400 --> 01:46:00,360
Has anyone signed up in support of this case?

1233
01:46:00,640 --> 01:46:01,540
No, they had not.

1234
01:46:01,540 --> 01:46:05,300
Is there anyone here that would like to speak in support of this case?

1235
01:46:05,880 --> 01:46:09,320
Okay, seeing them we will close the public hearing portion.

1236
01:46:10,080 --> 01:46:11,520
Uh, commissioners, sorry.

1237
01:46:11,820 --> 01:46:15,940
I will open it up for questions back to staff at this time.

1238
01:46:19,470 --> 01:46:20,710
Go ahead.

1239
01:46:21,630 --> 01:46:24,350
I guess my question is,

1240
01:46:24,850 --> 01:46:28,590
the use matrix that you have on page,

1241
01:46:29,410 --> 01:46:31,490
county compares county to city.

1242
01:46:31,490 --> 01:46:38,370
It is that partial 13A going from R40 to L.I. everything else was fairly similar.

1243
01:46:39,170 --> 01:46:44,730
I just curious as to what the reasoning is for that difference there.

1244
01:46:45,590 --> 01:46:51,510
Sure, commission, one of the things that may not be visible on the map that have been provided is the blue line stream that runs

1245
01:46:51,510 --> 01:46:58,350
essentially dividing that property from the adjacent residential. However, that stream does cut through

1246
01:46:58,350 --> 01:47:06,190
the corner portion of a lot where the undisturbed buffer has been created. So that undisturbed buffer was created in only one area

1247
01:47:06,190 --> 01:47:15,470
due to the the drunctionality of the stream. So essentially that line runs at a slight diagonal through the property and then down

1248
01:47:15,470 --> 01:47:23,370
essentially through the northern portion of Tamview Commons over through industrial drive development.

1249
01:47:24,090 --> 01:47:34,050
So, that is the national divider creates quite a bit of a boundary, both for development purposes, as well as natural separation.

1250
01:47:34,710 --> 01:47:42,090
There are stream buffers in addition to landscape buffers that would be imposed should any development ever occur in the future.

1251
01:47:42,090 --> 01:47:47,170
So, while it is a rare likelihood that development would be possible, if any development occurs,

1252
01:47:47,350 --> 01:47:51,810
the buffers would actually be larger with the property being sound ally adjacent to

1253
01:47:51,810 --> 01:47:54,630
residential than if it were a residential due to zone property.

1254
01:47:55,350 --> 01:47:59,990
So, that does create both consistency for the property on the Dixie property, where the

1255
01:47:59,990 --> 01:48:06,330
former landfill is, and their EPD operations while maintaining the buffer and separation

1256
01:48:06,330 --> 01:48:07,030
from residential.

1257
01:48:09,380 --> 01:48:10,080
Thank you.

1258
01:48:14,140 --> 01:48:22,720
Along those lines, there are already, I mean, we already have buffers required in our zone for development within Li or HIsAC, correct?

1259
01:48:23,100 --> 01:48:27,320
I don't want to put it on the spot, ask you what it is, but there are in the code, right, for any development.

1260
01:48:28,160 --> 01:48:33,660
Yes, and actually Steve, if you don't mind, can I have you go to, I think it's the very last slide.

1261
01:48:39,410 --> 01:48:40,370
Thank you.

1262
01:48:41,230 --> 01:48:44,710
Thank you, IT for being here and running some tech force.

1263
01:48:45,670 --> 01:48:54,830
So, this is the buffer's table from our code and when a property would, if a property comes

1264
01:48:54,830 --> 01:48:59,690
to us for development, that's when we would ask for a buffer to be shown.

1265
01:49:00,170 --> 01:49:05,430
We wouldn't go back and, you know, apply a buffer's retroactively, but as, as properties

1266
01:49:05,430 --> 01:49:11,990
redeveloped, that's when we would consult this table and look to see what buffer would be

1267
01:49:13,510 --> 01:49:21,970
So from an ally to R1, that would be a 50 foot buffer, that would be required.

1268
01:49:24,030 --> 01:49:30,850
And I think the minimum one here is 35 from HIR ally to residential uses.

1269
01:49:33,370 --> 01:49:36,950
And then, I mean, just for the record, there's no applications

1270
01:49:36,950 --> 01:49:41,670
of development associated with this, there's no current applications for any of this as being

1271
01:49:41,670 --> 01:49:43,990
reasoned right now, correct? Correct.

1272
01:49:43,990 --> 01:49:50,570
Correct. Correct. This is just the project at hand is the initial zoning of these properties

1273
01:49:50,570 --> 01:49:57,190
that were annexed as Mr. Moon walked through at the beginning, staff has not received any applications.

1274
01:49:57,190 --> 01:49:59,890
we've met with anyone, we have not had any conversation.

1275
01:50:10,620 --> 01:50:27,080
And I know in your presentation you mentioned, as in Mr. Moon, that the zoning that was put on these essentially matched what was there now, slash what the county had it's in that to make it as similar as it was already zone correct.

1276
01:50:27,080 --> 01:50:31,420
Yes sir. So with that then, I know you explained this, but just since it was brought up,

1277
01:50:31,560 --> 01:50:36,580
if you don't mind, could you just cover again, you know, the reason it was brought up for

1278
01:50:36,580 --> 01:50:42,460
DC speedway beings and HI that piece right there, the reasoning for that and understand that

1279
01:50:42,460 --> 01:50:48,940
obviously speedway is not any of our zoning, but again that how that matches the HI closely or what

1280
01:50:48,940 --> 01:50:54,820
was the reasoning there? I think it has to deal with the intensity of the use when you think about

1281
01:50:54,820 --> 01:50:58,980
the expected trips and how the property is used.

1282
01:50:59,760 --> 01:51:02,060
It most closely aligns with heavy industrial.

1283
01:51:03,660 --> 01:51:06,240
I have looked in the county ordinance,

1284
01:51:06,260 --> 01:51:09,680
and I can't speak to how the county zones and determines

1285
01:51:09,680 --> 01:51:13,140
uses, but things like racetracks, if something

1286
01:51:13,140 --> 01:51:15,660
like that were to develop in the county now,

1287
01:51:15,960 --> 01:51:17,880
same with different types of landfills.

1288
01:51:18,020 --> 01:51:20,020
And again, I can't speak to the particular way

1289
01:51:20,020 --> 01:51:21,440
they classify those uses.

1290
01:51:21,440 --> 01:51:30,660
But they're likely, those likely would be classified as a heavy industrial zoning use in the county if they were to come through now.

1291
01:51:31,860 --> 01:51:39,880
And then I understand that, you know, if a waste transfer station is going to be built now in an H.I. area, it requires a U.P.

1292
01:51:40,520 --> 01:51:44,240
But I know understand, because this is being zone now, it's not required, correct?

1293
01:51:44,300 --> 01:51:46,440
I mean, essentially it's grandfather has that work.

1294
01:51:46,560 --> 01:51:48,340
And are it's being permitted as part of this zoning?

1295
01:51:48,580 --> 01:51:49,040
Right.

1296
01:51:49,040 --> 01:51:49,900
Because it's already there.

1297
01:51:50,740 --> 01:51:55,060
Because there is a special use permit that was granted by the county, I believe it was in 2024.

1298
01:51:56,140 --> 01:52:04,680
It has been an operation for years before that, but we found on record a special use permit for the waste transfer station.

1299
01:52:05,280 --> 01:52:17,820
And so we would basically let them keep the bundle of rights that they've been granted through the county, which would grant them the conditional use as part of this process.

1300
01:52:17,820 --> 01:52:26,960
And then just one more question says this is brought up in public and but there was a comment on some notifications that weren't done correctly or late or the public.

1301
01:52:28,880 --> 01:52:34,900
Notification process is there any any history or records on that or issues without through this.

1302
01:52:35,420 --> 01:52:35,620
Sure.

1303
01:52:36,400 --> 01:52:40,520
So this is obviously a project with many parcel property owners.

1304
01:52:40,520 --> 01:52:49,840
The staff mapping that was conducted to provide a telly of all of the addresses of the owners based on county tax records.

1305
01:52:50,640 --> 01:52:52,660
There were, there were two lists produced.

1306
01:52:52,740 --> 01:52:59,460
One list of parcels that were inclusive of the annexation and then one list that were the surrounding properties.

1307
01:52:59,960 --> 01:53:04,780
So, unfortunately, in that it was over 270 mailings.

1308
01:53:04,780 --> 01:53:10,560
A portion of those maillings were not included on the list that was sent out in the first round.

1309
01:53:11,340 --> 01:53:20,780
When that error was notified or we were identified, at that point, that was when renoticing in a second public input meeting was held.

1310
01:53:21,440 --> 01:53:28,320
So that was simply an error due to the volume and the list configuration for those addresses.

1311
01:53:28,320 --> 01:53:34,520
So that's something that, you know, was simply an oversight, unfortunately, due to the scale and

1312
01:53:35,260 --> 01:53:38,600
manner in which this project moved forward since there were properties.

1313
01:53:38,920 --> 01:53:43,720
There were a large number of properties actually included in the request as opposed to just

1314
01:53:43,720 --> 01:53:47,360
the surrounding property owners, which is typically the manner you're noticing the folks

1315
01:53:47,360 --> 01:53:50,060
around it as opposed to those in it.

1316
01:53:51,120 --> 01:53:53,720
But I mean, any notification or may prior to this meeting, correct?

1317
01:53:54,100 --> 01:53:54,620
Oh, certainly.

1318
01:53:54,620 --> 01:54:04,260
So all the notifications and actually, all of these notifications were in excess of the state requirements and in excess of the city's land development ordinance requirements.

1319
01:54:04,820 --> 01:54:23,760
So city actions of zoning by state requirement. Do not require posting of signs on the property. They do not. They have very minimal notification requirements. The city's requirements for all zoning are higher than that. In addition, we took, like I said, those steps that will not required by state or code.

1320
01:54:23,760 --> 01:54:34,600
We're done to notify the property owners through both the written notices, the newspaper advertisements, and the site postings that were on site.

1321
01:54:34,760 --> 01:54:39,680
That was in addition to holding two public input meetings, also not required by the state.

1322
01:54:40,340 --> 01:54:47,200
And furthermore, the state only requires one public hearing of these actions that are initiated by the city.

1323
01:54:47,460 --> 01:54:52,700
We are having two public hearings, of course, with the one this evening, as well as the council meeting the current in the future.

1324
01:54:53,160 --> 01:54:57,920
Okay, thank you for clearing that up. I have no further questions, Council. I'm sorry.

1325
01:54:58,120 --> 01:54:59,880
Commissioner's any further questions for staff.

1326
01:55:00,620 --> 01:55:21,440
I have won. There was in the public input meetings, there was some reference to odors, and was there any clarity to the, was that existing odors or is that potential odors of, of new development?

1327
01:55:24,660 --> 01:55:31,960
That was from the first public input meeting. I think it was like the existing and maybe how it was previously used as the landfill.

1328
01:55:31,960 --> 01:55:32,340
Thank

1329
01:55:34,740 --> 01:55:37,640
you. Any further questions?

1330
01:55:40,670 --> 01:55:45,610
Okay, see none will open it up for floors open for a motion and a discussion on this case.

1331
01:55:56,010 --> 01:55:58,810
I like a motion to approve the staff's conditions.

1332
01:55:59,910 --> 01:56:06,430
Okay, there's a motion by Greg to prove in the courts with staff's recommendation to conditions. Is there a second on that motion?

1333
01:56:07,150 --> 01:56:10,370
I second. Second by Rob.

1334
01:56:11,350 --> 01:56:15,330
Most on board approved in court staff recommendations, Greg, I got open up to you first.

1335
01:56:15,610 --> 01:56:16,570
If you have any comments?

1336
01:56:18,350 --> 01:56:22,810
No, I think this city's done a good job trying to fit.

1337
01:56:22,970 --> 01:56:24,930
The zoning is where they tie.

1338
01:56:25,630 --> 01:56:28,570
I think it was a good recommendation for lighting.

1339
01:56:28,990 --> 01:56:33,950
Light industrial actually gives you a larger buffer than where any other zoning.

1340
01:56:34,030 --> 01:56:38,410
When it comes up against the residential zoning's next to it, so it makes some sense.

1341
01:56:39,730 --> 01:56:41,550
So, that's what I am.

1342
01:56:44,070 --> 01:56:44,210
Yeah.

1343
01:56:45,190 --> 01:56:45,570
I agree.

1344
01:56:45,890 --> 01:56:49,970
I think that there's nothing new being developed.

1345
01:56:50,110 --> 01:56:51,830
There's nothing changing.

1346
01:56:53,210 --> 01:56:55,830
There's what we're putting zoning essentially that matches.

1347
01:56:56,290 --> 01:56:56,950
What is there?

1348
01:56:57,030 --> 01:56:59,290
And you mentioned the buffer requirements for other things.

1349
01:57:00,630 --> 01:57:04,330
Even when I look, I mean, I look at the zoning district descriptions.

1350
01:57:04,330 --> 01:57:11,450
7.5 or 4 of our code, what's allowed in HI versus what's allowed in L.I.

1351
01:57:11,470 --> 01:57:14,150
You know, a lot of the things that are allowed in L.I. are allowed in H.I.

1352
01:57:14,150 --> 01:57:17,450
And there's a few items. Some of them already put in the conditions it's not allowed.

1353
01:57:18,590 --> 01:57:22,270
And definitely the ones that are permitted in H.I. would, to me, in my opinion,

1354
01:57:22,290 --> 01:57:29,410
would not bring any more, you know, noise or any other effects other than what's already a race track for sure.

1355
01:57:29,410 --> 01:57:34,830
So, and then some other concerns about other things that could come there, again, a lot

1356
01:57:34,830 --> 01:57:37,130
of those still require a CUP if they're going to be developed.

1357
01:57:37,390 --> 01:57:40,530
So I think we already have protections in the code to address some of this stuff.

1358
01:57:42,930 --> 01:57:46,790
So, I agree, any other comments, debate questions?

1359
01:57:48,590 --> 01:57:51,610
Okay, so you know, in motion on forward approval for staff's recommendations, all those

1360
01:57:51,610 --> 01:57:55,150
in favor, please raise your hand, and that vote is unanimous.

1361
01:57:55,210 --> 01:57:58,650
That will go to City Council as a recommendation, again, and I recommend you keep following

1362
01:57:58,650 --> 01:58:07,730
if you are so interested. Thank you. Moving on next case we have variants case 222-262-262-262

1363
01:58:07,730 --> 01:58:10,710
Brighton Boulevard that is misnatally.

1364
01:58:23,060 --> 01:58:23,520
Good evening.

1365
01:58:28,780 --> 01:58:30,220
Tonight I'm presenting you with a

1366
01:58:30,220 --> 01:58:38,700
variance for a residential property at 202 Brighton Boulevard. This residence is own DTMRA

1367
01:58:38,700 --> 01:58:44,400
downtown medium density residential and is within the south on main subdivision. The home

1368
01:58:44,400 --> 01:58:48,780
front, right in Boulevard, and it's rear-law line backs onto a private alley.

1369
01:58:49,920 --> 01:58:55,640
The applicant, Paul Rushmeier, on behalf of the property owners, is requesting a variance

1370
01:58:55,640 --> 01:59:00,040
to reduce the rear setback to allow an extension of the existing porch.

1371
01:59:03,350 --> 01:59:06,750
The home includes a second story porch, built over the driveway.

1372
01:59:07,290 --> 01:59:11,810
The porch terminates about 10 feet from the rear property line, meeting the required five-foot

1373
01:59:11,810 --> 01:59:17,470
step back and approximately 15 feet from the curb with open space located across the alley

1374
01:59:17,470 --> 01:59:20,090
as you can see in this picture down here.

1375
01:59:23,200 --> 01:59:27,720
The applicant is requesting to reduce the rear step back from 5 feet to 2 feet since the

1376
01:59:27,720 --> 01:59:31,680
porch extension would encroach three feet into the required step back.

1377
01:59:32,160 --> 01:59:37,040
On this site plan the property lines are shown in red, or the step back lines in blue.

1378
01:59:37,040 --> 01:59:52,600
This is the existing porch, the proposed addition, and the curb is shown in gray here just to kind of highlight that the curb is a little ways away from the property line.

1379
01:59:57,060 --> 01:59:59,900
If approved, the expanded porch would sit about two feet.

1380
02:00:00,000 --> 02:00:13,560
In the rear property line and eight feet from the curb, the project includes extending the roof over the full balcony as right now it only covers half, and they intend to use materials consistent with the existing structure.

1381
02:00:14,800 --> 02:00:19,380
The proposed addition has been reviewed and approved by the south on main homeowners association.

1382
02:00:22,240 --> 02:00:27,600
At their meeting on August 5, the DPC voted unanimously to approve the variance request with no conditions.

1383
02:00:29,780 --> 02:00:34,060
I am happy to answer any questions you may have and the applicant is here as well.

1384
02:00:34,260 --> 02:00:36,360
Thank you, Natalie. Any questions for staff?

1385
02:00:38,650 --> 02:00:39,210
Okay. Thank you.

1386
02:00:39,310 --> 02:00:41,090
The applicant would like to come forward.

1387
02:00:47,950 --> 02:00:48,310
Good evening.

1388
02:00:48,870 --> 02:00:51,330
Paul Rushmire with Tom and Todd Enterprises.

1389
02:00:52,870 --> 02:01:08,390
If I clients of Brian and Carmen Aaron are seeking this variance in order to increase the usability of their existing ports and provide additional covered parking to protect their vehicles from house storms and other severe weather.

1390
02:01:08,650 --> 02:01:20,730
One thing of note is that geometry of the lot since it is on the outside of a curve does push the setback closer to the home than if it was not on the curve.

1391
02:01:20,730 --> 02:01:24,210
So that is part of the reason why we're seeking the variance.

1392
02:01:30,280 --> 02:01:31,260
Oh, sorry about that.

1393
02:01:31,740 --> 02:01:33,520
I thought you were trying to do a slide or something.

1394
02:01:33,920 --> 02:01:34,180
Oh, no.

1395
02:01:35,060 --> 02:01:35,380
Come on.

1396
02:01:35,480 --> 02:01:36,160
There's you have a question.

1397
02:01:36,260 --> 02:01:37,100
Pretty straightforward.

1398
02:01:37,560 --> 02:01:37,900
I understood.

1399
02:01:38,640 --> 02:01:39,720
Any questions for the applicant?

1400
02:01:42,660 --> 02:01:42,860
Okay.

1401
02:01:43,040 --> 02:01:43,460
Thank you, sir.

1402
02:01:43,560 --> 02:01:44,560
Appreciate it.

1403
02:01:46,870 --> 02:01:48,570
Has anyone, well, I've got the public hearing.

1404
02:01:48,590 --> 02:01:50,430
Anyone signed up to speak on this case.

1405
02:01:50,490 --> 02:01:52,050
Either in against or for.

1406
02:01:52,350 --> 02:01:53,110
No, they have not.

1407
02:01:53,410 --> 02:01:53,630
Okay.

1408
02:01:53,770 --> 02:01:55,990
Is there anyone here that would like to speak on this case?

1409
02:01:57,980 --> 02:01:59,560
Seeing none, we will close the public hearing.

1410
02:02:00,740 --> 02:02:05,780
Commissioners, four is open for further questions or discussion or a motion on this case.

1411
02:02:09,470 --> 02:02:10,610
Motion to approve.

1412
02:02:11,450 --> 02:02:14,030
There's a motion to approve by Commissioner Smith.

1413
02:02:14,390 --> 02:02:15,370
Is there a second?

1414
02:02:17,830 --> 02:02:18,270
Second.

1415
02:02:18,530 --> 02:02:19,270
Second by David.

1416
02:02:20,350 --> 02:02:20,790
Great.

1417
02:02:20,950 --> 02:02:21,450
Any discussion?

1418
02:02:23,310 --> 02:02:23,450
No.

1419
02:02:24,750 --> 02:02:24,870
Okay.

1420
02:02:26,490 --> 02:02:26,770
All right.

1421
02:02:26,890 --> 02:02:29,130
Seeing that, motion on floor to approve all those in favor.

1422
02:02:29,250 --> 02:02:30,230
Please raise your hand.

1423
02:02:31,130 --> 02:02:32,350
And that vote is unanimous.

1424
02:02:32,350 --> 02:02:35,070
that we'll go to City Council best of luck there as well.

1425
02:02:36,430 --> 02:02:37,750
Moving on, we have KZoning,

1426
02:02:38,210 --> 02:02:41,330
one sum five, that's 26 zoning condition amendment

1427
02:02:42,410 --> 02:02:44,390
for 125 Lorraine Parkway.

1428
02:02:44,590 --> 02:02:47,910
And that is not Mr. Dunn, so.

1429
02:02:49,610 --> 02:02:51,690
Which is on the four mirrors, so.

1430
02:02:56,050 --> 02:02:57,010
Thank you, Commission.

1431
02:02:57,670 --> 02:03:00,750
As noted, the next member, our next item up for discussion

1432
02:03:00,750 --> 02:03:03,810
is a condition amendment to modify a project

1433
02:03:03,810 --> 02:03:05,790
for a rezoning conditionally use permit

1434
02:03:05,790 --> 02:03:10,070
in variance case that was heard early this year for 125 Lorraine Parkway.

1435
02:03:11,830 --> 02:03:22,290
The request before you this evening is for a condition amendment for an approximately 23.43 acre property located at the northeast corner of Old Rope Mill Park Road and Lorraine Parkway.

1436
02:03:22,770 --> 02:03:28,370
The property was zoned L.I. in June of this year in a conditional use permit in variances were granted.

1437
02:03:28,370 --> 02:03:37,190
The CUP would allow warehouse distribution uses and the variances would support the development of an approximately 92,000 square foot warehouse building.

1438
02:03:40,280 --> 02:03:48,120
So for some context since it was a few months ago, the portion of the site where the new warehouse development is proposed is shown in red on the image.

1439
02:03:50,180 --> 02:04:00,380
And the proposed development, including the 92th approximately 92,000 square foot building is shown here on the conceptual layout that was approved with the original zoning case.

1440
02:04:00,380 --> 02:04:12,700
As you can see, on the east side of the site, adjacent to the next property over the residential development there is a greater than 200 foot separation and buffer.

1441
02:04:13,300 --> 02:04:20,140
The buffer does consist of both required stream buffers as well as requirement of conditions of zoning.

1442
02:04:23,070 --> 02:04:29,770
So here you can see the conceptual elevations that were included in the project and are part of the required conditions of approval.

1443
02:04:29,770 --> 02:04:37,170
So, this, the project must have substantial similarity to these elevations and included in the conditions are that the exterior finish

1444
02:04:37,170 --> 02:04:41,190
need is to be a textured concrete and not a textured painted finish.

1445
02:04:42,070 --> 02:04:49,610
This is consistent with the adjacent, or excuse me, nearby existing buildings of both the Kia and the curve Rudy building.

1446
02:04:52,400 --> 02:04:56,980
So, again, kind of that project history, back in June, these original approvals were granted.

1447
02:04:56,980 --> 02:04:59,880
And we'll go into a little bit.

1448
02:05:00,000 --> 02:05:08,080
Of the, or go into the numerous conditions that were placed on the previous request, primarily in order to mitigate any potential

1449
02:05:08,080 --> 02:05:13,980
leg and the impacts on nearby residential properties. These include the provision of a full traffic impacts

1450
02:05:13,980 --> 02:05:20,520
study at the time of a site-planned submittal, limiting trash pickup to a curb between 7am and 7pm, minimizing

1451
02:05:20,520 --> 02:05:26,500
in the eastern property boundary, maintaining a 75 foot buffer along the eastern property

1452
02:05:26,500 --> 02:05:30,840
boundary, and locating the building at least 200 feet from the eastern property boundary.

1453
02:05:31,980 --> 02:05:35,320
Okay, so now we're going to get into the details, so that, like I said, there were numerous

1454
02:05:35,320 --> 02:05:40,740
conditions here. So we're going to cover the first conditions that I mentioned, the first

1455
02:05:40,740 --> 02:05:48,180
10, just kind of discussed in brief, those overall kind of limits to mitigate some of the general

1456
02:05:48,180 --> 02:05:49,640
concerns or impacts.

1457
02:05:51,100 --> 02:05:55,860
Getting into more depth, the conditions also require street-tree plantings along old-road mill

1458
02:05:55,860 --> 02:06:00,760
park road, signage to direct trucks leaving the site to turn left on to old-road mill

1459
02:06:00,760 --> 02:06:06,360
park road, since the road den ends to the north of Kia into the park, signage to restrict trucks

1460
02:06:06,360 --> 02:06:10,820
from exiting the site onto Lering Parkway towards the Glen Haven neighborhood, and restrictions

1461
02:06:10,820 --> 02:06:13,180
on truck traffic through this southern site entrance.

1462
02:06:14,540 --> 02:06:19,400
And then you see there were a long list of uses that were restricted from this property.

1463
02:06:20,180 --> 02:06:25,660
As you can see, not only is it a lengthy list, but a wide variety of uses that have been eliminated.

1464
02:06:26,280 --> 02:06:28,960
These range from automotive repair to a truck terminal.

1465
02:06:32,530 --> 02:06:37,690
Furthermore, specific warehouse distribution uses were restricted from the property.

1466
02:06:38,230 --> 02:06:43,590
So while a conditional use permit was received and was requested for the warehouse distribution uses,

1467
02:06:43,590 --> 02:06:49,350
only a narrowly tailored portion of warehouse distribution uses are still acceptable.

1468
02:06:50,010 --> 02:06:55,670
The uses restricted as you can see on the screen in relation to the NACIS codes are for

1469
02:06:55,670 --> 02:07:00,910
courier expressed delivery services, local messengers and local delivery services that have

1470
02:07:00,910 --> 02:07:01,890
been disallowed.

1471
02:07:02,070 --> 02:07:07,990
Some examples of these uses include UPS, FedEx delivery services, local package delivery

1472
02:07:07,990 --> 02:07:11,330
companies, and same-day local document delivery firms.

1473
02:07:14,430 --> 02:07:21,770
And still, more conditions were in relation to some of the potential impacts of uses on the site,

1474
02:07:22,110 --> 02:07:30,110
including limitations on outdoor storage, noise levels, site maintenance, or maintaining the site in good condition.

1475
02:07:30,790 --> 02:07:37,910
The building configuration for sound attenuation, restrictions on overnight truck idling, restrictions on overnight deliveries,

1476
02:07:37,910 --> 02:07:41,210
and substantial similarity clause for building elevations.

1477
02:07:41,710 --> 02:07:45,430
The final elevations will also be subject to review and approval by the DPC.

1478
02:07:47,350 --> 02:07:52,050
So I'm going to skip over condition 23 for the moment because this will be the heart of the matter this evening.

1479
02:07:52,390 --> 02:07:55,330
And we'll close out with the rest of the conditions on the original approval.

1480
02:07:55,850 --> 02:08:03,670
Those restricted outdoor speakers as well, outdoor maintenance of vehicles, limitations to maximum of 20 dock high doors on the building.

1481
02:08:03,670 --> 02:08:08,810
and the application of the CUP only to the area designated for the new building construction

1482
02:08:08,810 --> 02:08:15,470
that was outlined and read on that earlier slide, as well as a substantial similarity clause for the site plan.

1483
02:08:16,530 --> 02:08:22,610
So now that we've kind of rehashed the history of the case, we'll dig into the item that has been requested this evening.

1484
02:08:24,230 --> 02:08:28,310
So condition number 23 is the condition that the applicant has requested to modify.

1485
02:08:28,310 --> 02:08:33,570
This condition, as originally approved, includes three parts, minimum number of tenants

1486
02:08:33,570 --> 02:08:38,610
sweets required in the building if the warehouse distribution uses our present, maximum total

1487
02:08:38,610 --> 02:08:43,430
floor area allowed for the warehouse distribution uses, and limitation on the size of the

1488
02:08:43,430 --> 02:08:45,450
tenant space for the other all I uses.

1489
02:08:48,360 --> 02:08:51,880
So there are two items that are, we're of concern,

1490
02:08:52,440 --> 02:08:59,180
both to the applicant and as staff reviewed the request. The subdivision of the building into a minimum

1491
02:08:59,180 --> 02:09:05,480
of four tenant suites and the fact that uses outside of the warehouse distribution CUP

1492
02:09:05,480 --> 02:09:13,300
were being limited in terms of the tenant space. Many of these, the origin of this condition

1493
02:09:13,300 --> 02:09:18,120
was prior to many of those other conditions being developed for the project, such as the

1494
02:09:18,120 --> 02:09:24,260
use specific regulations, the limitations on the warehouse distribution uses, and so on.

1495
02:09:24,260 --> 02:09:30,760
So this, while this condition was appropriate early in the project, for the concerns related

1496
02:09:30,760 --> 02:09:35,700
to truck traffic and some of the other impacts potentially with warehouse distribution

1497
02:09:35,700 --> 02:09:42,160
uses, at the end, they have been superseded by the numerous other conditions imposed on

1498
02:09:42,160 --> 02:09:42,940
this project.

1499
02:09:44,500 --> 02:09:50,200
The applicant, as they originally proposed with this application, requested to strike the

1500
02:09:50,200 --> 02:09:52,120
portion regarding the four tenant suites.

1501
02:09:52,120 --> 02:09:59,880
They had a condition that would limit to the warehouse distribution tenant to a maximum of 35% of the building for anyone.

1502
02:10:00,000 --> 02:10:07,980
Where House Distribution Tenet and have not more than 50% of the building for all total warehouse distribution uses within the building as a whole.

1503
02:10:09,260 --> 02:10:20,400
With very little changes, the DPC on August 5th recommended 502 to approve a very similar condition of approval with some minor wordsmithing or a tweaks.

1504
02:10:21,400 --> 02:10:27,180
The condition as proposed by the DPC is that for warehouse distribution use, the following shall apply.

1505
02:10:27,180 --> 02:10:33,140
Know where to have distribution tenant shall occupy more than 35% of the building without approval from mayor and council.

1506
02:10:33,740 --> 02:10:40,040
This does allow for opportunities where if there is a potential use that is not of concern to the mayor and council in terms of impacts,

1507
02:10:40,340 --> 02:10:48,800
presents no undue impacts or burdens that they would have that ability to approve without going through an entire public hearing process.

1508
02:10:49,200 --> 02:10:55,400
In addition, the warehouse distribution would still be limited to the maximum total of 50% of the building floor area.

1509
02:10:55,400 --> 02:11:04,040
And with this, all other conditions of approval from the original Z170-26 zoning case would still apply.

1510
02:11:06,830 --> 02:11:08,590
With that, we have a recommended motion for you.

1511
02:11:08,650 --> 02:11:11,450
And I'd be happy to take any questions that the commission may have.

1512
02:11:13,840 --> 02:11:15,720
Thank you for that.

1513
02:11:15,760 --> 02:11:18,540
To Mr. Zini questions for staff this time.

1514
02:11:21,380 --> 02:11:22,020
I just got one.

1515
02:11:22,080 --> 02:11:25,000
On the original, the original condition that was approved.

1516
02:11:25,160 --> 02:11:27,220
And I think that was your recommendation originally as well.

1517
02:11:28,440 --> 02:11:30,420
The no more than four tenets.

1518
02:11:30,420 --> 02:11:37,980
Yeah, the building should be divided, so do I. What was the intent of that if I'm trying to ask that question?

1519
02:11:38,120 --> 02:11:41,400
So as I mentioned, this condition was developed very early in the process.

1520
02:11:41,680 --> 02:11:48,560
At that point in time, the applicant indicated that they intended to have a building that was divisible into at least four tenent sweets.

1521
02:11:48,840 --> 02:11:56,520
So it seemed quite honestly a rather simple way to maneuver and require not having large tenent.

1522
02:11:56,520 --> 02:12:03,580
At that point, the initial concern was that, you know, for example, a small warehouse distribution,

1523
02:12:04,060 --> 02:12:09,940
a small Amazon warehouse, their smaller footprint building, could occur in that footprint as a whole,

1524
02:12:09,980 --> 02:12:11,200
and that would be problematic.

1525
02:12:11,660 --> 02:12:17,440
However, the useful mutations that occurred after that have been such that that use could not even occur at all.

1526
02:12:17,600 --> 02:12:20,760
It couldn't even take up, you know, a quarter of that building now.

1527
02:12:21,040 --> 02:12:25,720
So that was some of the initial, you know, impetus behind that wording was,

1528
02:12:25,720 --> 02:12:30,060
they're saying they're going to divide the building up into four, let's say not more than one

1529
02:12:30,060 --> 02:12:34,260
quarter of that, you know, that they're going to have tenants that are not taking up more than a

1530
02:12:34,260 --> 02:12:39,420
quarter of that building. So it was a fairly rudimentary tool based on the initial understanding

1531
02:12:39,420 --> 02:12:43,480
and without having all of those other conditions refined on the project.

1532
02:12:44,360 --> 02:12:51,700
And then if you can go to your current recommended motion. So the, what is the 35%

1533
02:12:51,700 --> 02:13:11,060
What does that come from or what what's the idea there for that, is that just a good number or 35% still allows for the concern that the warehouse distribution tenant as a whole while very well limited the applicant was agreeable to maintaining a limitation and stuff felt that that 35% was a more workable number.

1534
02:13:11,060 --> 02:13:17,260
The previous discussion of having four tenant suites gets a little bit tricky when you have a mix of uses

1535
02:13:17,260 --> 02:13:21,840
Some being warehouse distribution some not in terms of how that

1536
02:13:21,840 --> 02:13:30,780
How that plays out in real time as the building is tenid so this still creates a limitation of a guideline and boundary

1537
02:13:30,780 --> 02:13:32,280
It may still be

1538
02:13:32,280 --> 02:13:34,120
You know

1539
02:13:34,120 --> 02:13:47,020
As they say, I bought in a suspenders approach to providing assurances, but it is less restrictive and more workable from a development feasibility standpoint.

1540
02:13:47,820 --> 02:13:49,240
Okay, thank you, appreciate it.

1541
02:13:51,600 --> 02:13:52,020
Any other questions?

1542
02:13:52,220 --> 02:13:52,540
I'm sorry.

1543
02:13:52,880 --> 02:13:53,360
Okay, right?

1544
02:13:53,360 --> 02:13:53,820
I've got one.

1545
02:13:54,840 --> 02:13:59,640
So essentially, I'm trying to work the math out.

1546
02:13:59,640 --> 02:14:11,640
So basically, you could subdivide it into three tenets basically at the 35% mark, warehouse tenets versus the required four.

1547
02:14:12,820 --> 02:14:15,340
You need to get a maximum of three warehouse tenets in there roughly.

1548
02:14:15,980 --> 02:14:21,140
So they cannot have more than 50% of the total building, be warehouse uses regardless.

1549
02:14:21,600 --> 02:14:23,980
So they could have more or less tenets overall.

1550
02:14:24,640 --> 02:14:37,620
However, it does still ensure that essentially one third of the little over one third of the building is for any single warehouse distribution tenant and then total, so it allows a little bit more flexibility in the maneuvering of the spaces.

1551
02:14:37,880 --> 02:14:39,980
Got it. Thank you.

1552
02:14:40,960 --> 02:14:43,500
I'm Mr. the 50% second one.

1553
02:14:43,760 --> 02:14:44,700
Math is hard.

1554
02:14:46,440 --> 02:14:47,380
Any other questions?

1555
02:14:47,860 --> 02:14:49,280
I'll tell you what to do for a little bit.

1556
02:14:49,860 --> 02:14:53,700
And we do have the applicant here for presentation and for your questions.

1557
02:14:54,080 --> 02:14:55,800
Thank you most appreciate it.

1558
02:14:56,640 --> 02:14:59,880
And I'm going to kick it off in my clients are here and they can ask.

1559
02:15:00,000 --> 02:15:02,220
Answer the more detailed math questions.

1560
02:15:04,460 --> 02:15:08,180
As we used to say, if we could do math, we would have gone

1561
02:15:08,180 --> 02:15:15,540
to med schools. That's the lawyer joke. That's acceptable. It doesn't trash lawyers necessarily.

1562
02:15:17,240 --> 02:15:28,980
But it stepped a great job of going through it. And really, the first problem is what is warehouse

1563
02:15:28,980 --> 02:15:34,480
You can quite frankly add an abundance of caution because at any point something that's

1564
02:15:34,480 --> 02:15:36,800
warehouse at some point being distributed.

1565
02:15:37,600 --> 02:15:41,760
And there's not a real good, clear definition of what warehouse distribution, so that's

1566
02:15:41,760 --> 02:15:43,420
the first question that we had.

1567
02:15:43,860 --> 02:15:49,760
And then when the kind of ask me about this condition and the problem that I kept running into

1568
02:15:49,760 --> 02:15:56,040
is like if you got a tenant taking three quarters of the building and their light manufacturing,

1569
02:15:56,040 --> 02:16:02,140
they're a great tenant and then you have the fourth, then you have another smaller space

1570
02:16:02,140 --> 02:16:07,240
and they want to do a small warehouse distribution. When now you have to retroactively create

1571
02:16:07,240 --> 02:16:12,640
four spaces because it's mixing and matching when four spaces. It's needed only when you have

1572
02:16:12,640 --> 02:16:17,420
a warehouse distribution. Is it any of it warehouse distribution or all of it warehouse distribution?

1573
02:16:17,680 --> 02:16:23,340
I can see if it's all warehouse distribution then that is a way to kind of make it

1574
02:16:23,340 --> 02:16:29,380
small, all smaller, but it just doesn't work from a logic standpoint and when we sat down

1575
02:16:29,380 --> 02:16:34,420
with the DPC, rarely do you have a 5-0 DPC and they were like, how do we, when they

1576
02:16:34,420 --> 02:16:38,900
let read this, they're like, we, you know, when we get plan reviews in and we're having

1577
02:16:38,900 --> 02:16:45,280
to figure out what the 10 it is, what their actual use is, what the code is, and then, you

1578
02:16:45,280 --> 02:16:49,600
know, chicken and egg problem who came first, so that's the reason why we're like, okay,

1579
02:16:49,600 --> 02:16:51,520
Let's, we know what the issue is.

1580
02:16:51,940 --> 02:16:54,240
They're largely addressed by all the other conditions

1581
02:16:54,240 --> 02:16:58,840
that staff had, the section 15 that limited those uses.

1582
02:16:59,640 --> 02:17:05,300
And so the cleanest way was to modify it as recommended

1583
02:17:05,300 --> 02:17:06,420
by staff.

1584
02:17:07,460 --> 02:17:12,720
And 35% of the building, if it's warehouse distribution,

1585
02:17:12,900 --> 02:17:16,380
again, that's a really limited part of them.

1586
02:17:16,380 --> 02:17:20,340
And probably uses aren't even really wear us distribution.

1587
02:17:20,680 --> 02:17:23,580
They're really more light manufacturing kind of things.

1588
02:17:24,280 --> 02:17:26,580
But they all have a distribution part of it.

1589
02:17:26,840 --> 02:17:30,920
That's the reason why my pair of nois is zoning it turns out like, well, you got to build

1590
02:17:30,920 --> 02:17:33,000
in that someone might say it's wear us distribution.

1591
02:17:34,680 --> 02:17:41,580
And so this greatly limits it and aligns with the goal of making sure that we don't have

1592
02:17:41,580 --> 02:17:46,020
of the situation where a whole lot of truck traffic

1593
02:17:46,500 --> 02:17:48,720
and that turnover that you have

1594
02:17:48,720 --> 02:17:50,620
by natural limiting the square footage.

1595
02:17:50,740 --> 02:17:52,400
But then you don't have the chicken and egg problem

1596
02:17:52,400 --> 02:17:55,140
of dividing it out before you have all the tenants

1597
02:17:55,140 --> 02:17:56,320
and you have a tenant move out

1598
02:17:56,320 --> 02:17:57,540
and someone else need to move in.

1599
02:17:57,600 --> 02:17:58,520
You've got a perfect tenant,

1600
02:17:59,160 --> 02:18:01,280
but then suddenly you're supposed to have to have divided

1601
02:18:01,280 --> 02:18:04,900
into four because of, sorry, that didn't work.

1602
02:18:05,520 --> 02:18:07,380
So I asked that you've all the DPC recommendation.

1603
02:18:07,520 --> 02:18:09,240
Do you want to go through your presentation?

1604
02:18:11,520 --> 02:18:12,120
Thank

1605
02:18:14,330 --> 02:18:22,450
you, Parks, TJ Coston, 23 Ferry Landing Lane in Atlanta, Chase Westfall, 49,

1606
02:18:22,830 --> 02:18:24,210
Kongamera, and Roswell.

1607
02:18:24,870 --> 02:18:26,110
We're with the developer.

1608
02:18:26,650 --> 02:18:27,930
Thank you for your time, staff.

1609
02:18:27,930 --> 02:18:30,990
Thank you for your presentation and Parks as well, following up.

1610
02:18:31,290 --> 02:18:33,270
We won't belabor the point.

1611
02:18:33,890 --> 02:18:38,290
As you can see, there's a significant amount of conditions after multiple meetings with the neighborhood

1612
02:18:38,290 --> 02:18:46,350
with staff. We went through two rounds with council and you know it was a long meeting, a couple

1613
02:18:46,350 --> 02:18:53,030
hour long meeting and you know as they made the motion to approve six or seven conditions kind

1614
02:18:53,030 --> 02:19:00,710
of got worded and word smithbower up there and you know we're up here you know today asking for the

1615
02:19:00,710 --> 02:19:07,270
condition to just slightly modify that. It still maintains the intent limiting to 35 percent

1616
02:19:08,330 --> 02:19:14,770
in that, you know, everyone was afraid of some large e-commerce type of tenant as Melissa pointed out,

1617
02:19:14,890 --> 02:19:18,530
like those uses aren't even allowed very, very explicitly.

1618
02:19:19,230 --> 02:19:23,430
But the intent was, you know, if there's something that somehow slips through the cracks,

1619
02:19:23,590 --> 02:19:25,650
it's limited to a certain percentage of the building.

1620
02:19:26,790 --> 02:19:32,590
And as amended gives us the flexibility to go execute on our business plan.

1621
02:19:33,350 --> 02:19:36,730
And, you know, again, I've used the example, it's kind of corny at this point,

1622
02:19:36,730 --> 02:19:59,830
But if there's a tenant that wants to print money and hand it out, you know, to the residents of Woodstock, like we, and they're a little bit larger, we have the ability to lease it to that tenants and forcing us to split to four tenants, just, you know, economically not feasible and could render large portions of our building, you know, essentially of no value, leave us with no no doors, no.

1623
02:20:00,000 --> 02:20:10,120
A very odd space. So I won't belabor it too much, but if you guys have any questions, you know, we'd be happy to, you know, answer any of those or discuss any further.

1624
02:20:11,600 --> 02:20:14,300
Thank you. Commissioners questions for the applicant.

1625
02:20:17,660 --> 02:20:19,500
Okay, thank you. Appreciate it. Thank you.

1626
02:20:20,540 --> 02:20:23,240
Welcome to the public hearing. Is anyone signed up to speak on this case?

1627
02:20:23,460 --> 02:20:25,040
I have one person, Robert.

1628
02:20:26,040 --> 02:20:26,160
Yeah.

1629
02:20:27,520 --> 02:20:29,640
Name an address for the record, please. Thank you.

1630
02:20:33,090 --> 02:20:40,510
Thank you, commissioners. Bob Gettlin, I live at 710 Rising Moon Drive, Woodstock in the Glenn Haven

1631
02:20:40,510 --> 02:20:47,490
community, the president of the HOA, so all my comments are on behalf of the community,

1632
02:20:48,550 --> 02:20:57,870
130 homes were a 55 plus active senior community, just adjacent to the property. You guys are familiar

1633
02:20:57,870 --> 02:21:04,490
with us. We've been here before. We've had a lot of meetings with the applicant talking through

1634
02:21:04,490 --> 02:21:12,950
things. I just want to reiterate some of the concerns we've had and a request for to look

1635
02:21:12,950 --> 02:21:20,650
at maybe one or two other items, so I'll nominate those. You know, the three issues that are

1636
02:21:20,650 --> 02:21:29,470
most important to us were the issues of traffic, noise and enforcement, enforcement of all

1637
02:21:29,470 --> 02:21:34,490
the great conditions that the city has imposed and they are extensive. Many of those

1638
02:21:34,490 --> 02:21:43,970
that we advocated for when the DPC first proposed for that came from the DPC. We were

1639
02:21:43,970 --> 02:21:50,810
support of that. We've listened to the developer. Our main concern is that, again, whatever

1640
02:21:50,810 --> 02:21:59,790
tenants go in there, do not become an intrusion, do not become the large tractor trailer

1641
02:21:59,790 --> 02:22:06,590
type of distribution operation, which Melissa referred to and so forth.

1642
02:22:11,610 --> 02:22:13,490
The issue of traffic,

1643
02:22:13,490 --> 02:22:17,070
Again, I'll just repeat it as concerning to us because

1644
02:22:17,830 --> 02:22:22,290
Old Road Mill Park Road, along which the track sits,

1645
02:22:22,950 --> 02:22:26,690
is our only exit from our community.

1646
02:22:27,270 --> 02:22:30,830
It's the only way for us to get out of our community

1647
02:22:30,830 --> 02:22:32,630
on to Ridgewalk Parkway.

1648
02:22:33,070 --> 02:22:36,030
And so we're naturally concerned about the impacts

1649
02:22:36,030 --> 02:22:39,450
that large truck traffic, particularly tractor trailers,

1650
02:22:39,770 --> 02:22:42,690
could have on us, not to mention the coming,

1651
02:22:42,690 --> 02:22:48,810
divergent time and project on Ridge Walk and other proposed developments that are

1652
02:22:48,810 --> 02:22:52,330
been discussed along that corridor.

1653
02:22:52,930 --> 02:22:54,910
So the truck traffic is very important to us.

1654
02:22:55,010 --> 02:22:59,930
The noise was another thing which you notice one of the conditions does speak to the

1655
02:22:59,930 --> 02:23:05,650
bump out and we're pleased that that was adopted by the city.

1656
02:23:07,450 --> 02:23:16,730
There is one additional concern that we have regarding, I'll bring it up now, condition 21,

1657
02:23:17,990 --> 02:23:23,510
which I know that wasn't addressed up till now, but I think is important to us as a community.

1658
02:23:24,290 --> 02:23:33,650
And that had to do with the possibility of emergency access to the site in overnight hours.

1659
02:23:33,650 --> 02:23:39,230
Right now, I think correct me if I'm wrong. I don't have a condition 21 in front of me

1660
02:23:40,350 --> 02:23:45,750
But it restricts truck traffic between 10 p.m. and 7 a.m.

1661
02:23:45,870 --> 02:23:52,610
And I think the condition says that that can be overridden by the city if the applicant

1662
02:23:52,610 --> 02:23:55,170
You know asks for that

1663
02:23:56,270 --> 02:23:58,270
For for some purpose

1664
02:23:58,270 --> 02:24:06,190
We would like to see and this was a discussion at City Council that such a request would be for a true emergency.

1665
02:24:07,510 --> 02:24:10,830
Is it possible to pull up item 21?

1666
02:24:14,600 --> 02:24:15,420
The mind.

1667
02:24:16,660 --> 02:24:17,120
Thank you.

1668
02:24:18,000 --> 02:24:18,240
Thank you.

1669
02:24:18,900 --> 02:24:24,220
No trust shall be allowed to arrive or delivery shall occur from the hours of 10 PM to 6 PM.

1670
02:24:24,220 --> 02:24:28,280
exceptions to this condition may be granted by the city manager or

1671
02:24:28,280 --> 02:24:32,600
designate request for exceptions which I'll be submitted during business hours.

1672
02:24:33,340 --> 02:24:39,940
We are requesting that the need for occasional emergency access be granted.

1673
02:24:40,480 --> 02:24:45,620
The discussion at the city council was that if there is a

1674
02:24:46,640 --> 02:24:51,540
situation arises where a truck needs to come in on an emergency basis

1675
02:24:51,540 --> 02:24:54,320
that that would go through this city manners office.

1676
02:24:55,020 --> 02:24:56,800
As it's written now, it's looser,

1677
02:24:57,440 --> 02:24:59,860
and we feel that it doesn't...

1678
02:25:00,000 --> 02:25:11,460
Either kind of protection that was intended with that 6 p.m. to 6 a.m. requirement.

1679
02:25:13,040 --> 02:25:23,620
The other regarding item 15, you know, attorney Huff did mention that the definition of warehouse distribution is ambiguous.

1680
02:25:23,620 --> 02:25:32,140
And we agree that it can well be the NAICS codes that were put in are helpful on that.

1681
02:25:32,520 --> 02:25:38,600
We have come up with two other NAIC codes referenced in the letter, I think we made available

1682
02:25:38,600 --> 02:25:47,080
to you and the Council from August 13th that two other NAICS codes, excuse me, be added,

1683
02:25:47,500 --> 02:25:52,180
regarding freight transportation arrangements and general warehousing storage.

1684
02:25:52,180 --> 02:25:58,240
I think that would provide further protections and still meet the spirit and the intent of what

1685
02:25:58,240 --> 02:26:02,580
the developer and the applicant wants to achieve.

1686
02:26:04,200 --> 02:26:12,400
In closing, again, we are not opposed to development of that parcel.

1687
02:26:12,880 --> 02:26:14,540
We know that something will go in there.

1688
02:26:14,540 --> 02:26:23,060
the city's done a good job in our view of establishing restrictions as needed, whether it's

1689
02:26:23,060 --> 02:26:28,530
four tenants or not as we said in our letter to you and to the council. And I quote,

1690
02:26:32,490 --> 02:26:36,760
based on let's see where are we, let me find this in my notes here.

1691
02:26:39,570 --> 02:26:45,970
While we can't say that the requirement for four tenants is the only or best method

1692
02:26:46,170 --> 02:26:48,070
of minimizing traffic in noise.

1693
02:26:48,630 --> 02:26:55,190
Those do remain our greatest concerns, and we want to support only the conditions that would

1694
02:26:55,190 --> 02:26:59,430
protect against the excessive traffic in noise.

1695
02:26:59,890 --> 02:27:11,320
If it's 35% as the DPC has come up with as a numerator by the applicant, we can live

1696
02:27:11,320 --> 02:27:20,940
And we also appreciate the DPC's addition of approval above that would be by the mayor and the council.

1697
02:27:21,100 --> 02:27:26,220
You feel the elected officials should be involved given the type of project this is.

1698
02:27:27,220 --> 02:27:30,360
So that's our position at this point.

1699
02:27:30,840 --> 02:27:37,660
We would ask you to look at that proposed additional language on items 21 and 15.

1700
02:27:38,360 --> 02:27:42,020
and I'll take any questions if you have them.

1701
02:27:42,240 --> 02:27:42,640
Thank you, sir.

1702
02:27:42,860 --> 02:27:43,680
Appreciate your time.

1703
02:27:44,200 --> 02:27:44,360
Tonight.

1704
02:27:44,820 --> 02:27:45,680
Thank you.

1705
02:27:47,250 --> 02:27:48,150
See you on the sound of the speaker.

1706
02:27:48,310 --> 02:27:50,030
No one else has signed up.

1707
02:27:50,310 --> 02:27:53,330
Is there anyone here that would like to speak on this case that did not sign up?

1708
02:27:55,270 --> 02:27:55,450
Okay.

1709
02:27:55,890 --> 02:27:57,890
Seeing them we will close the public hearing.

1710
02:27:58,330 --> 02:27:59,770
Does the applicant have any further words?

1711
02:28:03,170 --> 02:28:09,290
No, I mean, I think, I mean, the DPC did a good job of, and I appreciate him bringing

1712
02:28:09,290 --> 02:28:15,350
that actually added that Mayor and Council would be the responsible body to change that.

1713
02:28:15,530 --> 02:28:22,870
So I think that's helpful too, but we think that the condition as we propose it and as DPC recommends

1714
02:28:22,870 --> 02:28:28,790
addresses the concern about too much truck traffic. And I know it's easy for me to say,

1715
02:28:28,970 --> 02:28:37,270
but quite frankly our tenants will look at that truck, the access and recognize if access is really

1716
02:28:37,270 --> 02:28:47,490
for their use, they're not going to rent their, I mean, because it affects their business as much as anybody, so they're not going to want to want that either, so it's a natural.

1717
02:28:47,690 --> 02:28:54,810
It will naturally bring tenants that won't be bothered by that traffic flow.

1718
02:28:56,110 --> 02:28:57,360
Thank you. Appreciate that.

1719
02:29:00,740 --> 02:29:03,880
Commissioners, any further questions for staff or the applicant at this time?

1720
02:29:06,300 --> 02:29:13,520
I just have one. Melissa, on that condition 21 on the screen now, I mean, we can't come up

1721
02:29:13,520 --> 02:29:19,500
with every exception, I guess. This is for the no trucks to be allowed between 10 PM and 6AM.

1722
02:29:19,780 --> 02:29:29,200
And it said the one that was brought up by the public about, except for this condition may be

1723
02:29:30,600 --> 02:29:36,240
But do we, I mean, do we have any idea of what would be an exception to that or anything like that?

1724
02:29:36,360 --> 02:29:59,040
So I believe some of the discussions were, if there were a period of an emergency action, or if there were, say there were a storm event or something else that had been declared an emergency, I believe they also said during COVID, that was used when, you know, they were shipping needed at unusual hours due to some of the limitations that were trying to get materials in this quickly possible.

1725
02:29:59,200 --> 02:29:59,860
I'm winner.

1726
02:30:00,000 --> 02:30:12,740
So, certainly in that conversation at Council, City Manager Moon talked directly with the council about the similar situations that he has used, those type of limitations in the past.

1727
02:30:13,120 --> 02:30:22,180
And so that discussion was, you know, to appear that Council felt comfortable with the conversation and how that would be applied at the City Manager level.

1728
02:30:22,180 --> 02:30:31,580
And I'm assuming city manager level, because to your point, it's probably going to be like a critical time thing, so that's the person that they're going to be able to get in touch with.

1729
02:30:31,580 --> 02:30:34,980
And that's why they said submitted during normal business hours.

1730
02:30:35,140 --> 02:30:40,200
Because city manager Moon also mentioned that a 2A in phone call for a truck would not be acceptable.

1731
02:30:41,400 --> 02:30:41,840
I understand.

1732
02:30:44,080 --> 02:30:45,840
Any other questions at this time?

1733
02:30:47,780 --> 02:30:51,260
Okay, I'm seeing you on fours open for a motion or a discussion on this case.

1734
02:30:53,500 --> 02:31:02,740
I just like to add one thing in discussion, and that is, as it relates to item 21, I think

1735
02:31:02,740 --> 02:31:07,000
it's well written now and very restrictive.

1736
02:31:07,860 --> 02:31:09,960
So I don't think it needs to change.

1737
02:31:22,210 --> 02:31:26,590
And I guess I'm just trying to wrap my round, I'm brain and round 21 too, because I want

1738
02:31:26,590 --> 02:31:31,950
to make sure that everything's addressed, and I have the equally the same understanding.

1739
02:31:31,950 --> 02:31:37,090
And so, when we are talking about Mercer So, let's say storm emergency, the Georgia power,

1740
02:31:37,130 --> 02:31:42,950
baseball powers out, it's 2 o'clock in the morning, power line goes down on a vehicle and

1741
02:31:42,950 --> 02:31:51,950
Georgia power has their big, what you call it, their trucks and they're bringing in, you know,

1742
02:31:52,050 --> 02:31:59,630
every machinery in the middle of the night to one get make their area safe with whatever material.

1743
02:31:59,630 --> 02:32:05,410
But also, you know, start getting the power on, because you know what happens when people

1744
02:32:05,410 --> 02:32:11,430
lose power for any short period of time, is it my understanding that, say that happens

1745
02:32:11,430 --> 02:32:18,210
at 2 o'clock in the morning this morning, we'd have to wait, or with that, with they be able

1746
02:32:18,210 --> 02:32:22,610
to go in, without a city manager approval or whatever the case.

1747
02:32:22,710 --> 02:32:25,610
So this was intended for occupants of the building.

1748
02:32:25,610 --> 02:32:32,070
So any of the users, tenants, et cetera, with trucks or other deliveries coming in or out of the building.

1749
02:32:32,610 --> 02:32:39,350
If there are utilities, obviously the utilities have allowances to operate in different manners in general to maintain their facilities.

1750
02:32:39,630 --> 02:32:43,690
So that would not be excluded by this condition limitation.

1751
02:32:44,150 --> 02:32:50,130
This would be only for, essentially, intended for the occupants of the building arriving there.

1752
02:32:52,120 --> 02:32:55,400
All right. Thank you. Go ahead.

1753
02:32:57,000 --> 02:33:01,940
There was also another quirky thing, and I did not think about this until we were going

1754
02:33:01,940 --> 02:33:05,940
through the year last time, and that is like if you've got something being especially

1755
02:33:05,940 --> 02:33:12,160
part being delivered across the country, and it's getting here at 11 p.m., if they can't

1756
02:33:12,160 --> 02:33:17,480
get in there, they're going to park at the Costco parking lot and keep their truck idling

1757
02:33:17,480 --> 02:33:23,960
until they can take it in the morning, so in a weird way, they needed to be at a little

1758
02:33:23,960 --> 02:33:35,760
because otherwise, the truck is going to be sitting around waiting for it to open up and can actually be more disruptive, noise-wise if that happens.

1759
02:33:35,820 --> 02:33:42,760
That was another scenario that was like, hey, we need to recognize sometimes something may show up and that needs to be there.

1760
02:33:43,380 --> 02:33:47,880
But if we don't allow that exception, you may actually create more of a problem.

1761
02:33:47,880 --> 02:34:05,960
Thank you. Yeah, I, you know, David did answer a question and I think that, you know, this is, is there for, you know, like the exception we're not thinking, if I don't see the city manager, you know, blank it up or even deliver these, you know, throughout the week and things like that.

1762
02:34:06,440 --> 02:34:13,340
I think this is something that, you know, the example brought up or this one off that we're not thinking of that that's going to come up.

1763
02:34:14,120 --> 02:34:17,220
It's better to have this done versus the truck sitting here

1764
02:34:17,220 --> 02:34:18,800
on the road or whatever, I'm not sure.

1765
02:34:19,560 --> 02:34:23,040
So I think that, and then, I think Melissa said it,

1766
02:34:23,600 --> 02:34:25,200
emergency use or utilities, of course,

1767
02:34:25,360 --> 02:34:28,960
they're going to have access, if needed, for public good

1768
02:34:28,960 --> 02:34:30,280
and stuff like that, sir.

1769
02:34:31,840 --> 02:34:32,720
You know, other questions?

1770
02:34:34,700 --> 02:34:39,380
I have one of the common, and that's, I think,

1771
02:34:39,380 --> 02:34:46,120
parts is right. I think the tenets are going to police themselves. If trucks aren't allowed

1772
02:34:46,120 --> 02:34:54,900
between ten, six, the tenets not coming. I mean, it's just not going to be, yeah. And we've

1773
02:34:54,900 --> 02:34:59,860
got a mechanism in place to enforce that if they do. So, I think it's...

1774
02:35:00,270 --> 02:35:02,090
It's restrictive enough.

1775
02:35:06,030 --> 02:35:06,910
Any motions?

1776
02:35:08,190 --> 02:35:12,810
I'd like to move to approve according to the staff recommendations.

1777
02:35:13,250 --> 02:35:17,430
Okay, there's a motion to approve according to the staff's wording and recommendation by Rob.

1778
02:35:17,590 --> 02:35:21,310
Is there a second? Second by Commissioner Lankwist.

1779
02:35:22,210 --> 02:35:25,570
Any other discussion debate talks on this?

1780
02:35:27,280 --> 02:35:29,720
No, I'll reiterate everything you'll set. I agree.

1781
02:35:29,800 --> 02:35:32,640
I think that we've between us and city council and staff.

1782
02:35:32,640 --> 02:35:40,060
there's a host of restrictions, conditions that I think we've done about as much as we can

1783
02:35:40,060 --> 02:35:45,380
in terms of making sure we're trying to allow what's legally allowable by the applicant,

1784
02:35:45,620 --> 02:35:49,080
but also preserving the public's interest as much as possible.

1785
02:35:50,320 --> 02:35:50,800
So, I agree.

1786
02:35:51,560 --> 02:35:55,860
All those in favor, please raise your hand and that vote as unanimous so that we'll go to

1787
02:35:55,860 --> 02:35:56,340
City Council.

1788
02:35:56,720 --> 02:35:57,400
Best of luck there.

1789
02:35:57,960 --> 02:35:58,800
Thank you for being here tonight.

1790
02:36:00,080 --> 02:36:07,620
Final case, we have ZTA-23-26 livestock.

1791
02:36:08,510 --> 02:36:08,820
Melissa.

1792
02:36:10,540 --> 02:36:11,800
Thank you chair members of the commission.

1793
02:36:12,580 --> 02:36:17,860
This next item, as you mentioned, is a proposed LDO amendment to update chapters two

1794
02:36:17,860 --> 02:36:21,440
and chapter seven of the LDO in relation to provisions for livestock.

1795
02:36:23,530 --> 02:36:30,130
So the background issue involved in this case is that state law changes have

1796
02:36:30,130 --> 02:36:32,530
our regulatory authority in relation to livestock.

1797
02:36:33,430 --> 02:36:36,190
The current regulations regarding livestock in the city

1798
02:36:36,190 --> 02:36:38,030
of Woodstock are housed in our city code.

1799
02:36:38,610 --> 02:36:40,550
The city attorney has prepared this amendment

1800
02:36:40,550 --> 02:36:42,530
to ensure that the enforceability of,

1801
02:36:43,930 --> 02:36:44,190
so sorry.

1802
02:36:44,190 --> 02:36:45,730
Sorry, he was giving me the signal.

1803
02:36:46,210 --> 02:36:47,830
Sorry, thank you.

1804
02:36:48,110 --> 02:36:50,670
So just reiterate that the state law has changed

1805
02:36:50,670 --> 02:36:52,690
so that we have limited regulation,

1806
02:36:53,450 --> 02:36:55,650
it has limited our regulatory authority in relation

1807
02:36:55,650 --> 02:36:58,830
to livestock, our regulations for livestock

1808
02:36:58,830 --> 02:37:08,770
are currently in the city code, and the city attorney has prepared this amendment that we're discussing this evening to ensure the enforceability of livestock requirements going forward.

1809
02:37:10,690 --> 02:37:22,830
So the proposed changes that we have are to remove the livestock regulations from the city code in general to add them into the LDO and to maintain the existing allowances for

1810
02:37:22,830 --> 02:37:26,030
fall or chickens in the city code.

1811
02:37:27,070 --> 02:37:29,130
So we're going to show you the proposed changes here.

1812
02:37:29,150 --> 02:37:31,390
So this is the language that's coming out of the city code.

1813
02:37:31,890 --> 02:37:36,930
It is all the wording we have regarding livestock and swine.

1814
02:37:37,650 --> 02:37:42,930
The language regarding chickens or fall does remain in the city code.

1815
02:37:43,450 --> 02:37:46,730
With that we're taking that, cutting and pasting it into the LDO.

1816
02:37:47,210 --> 02:37:49,670
So this is directly modifying that language.

1817
02:37:49,670 --> 02:38:02,790
It will be located in the, we'll have the definition in the chapter 2 definition section and the remainder of the language would be located in section 7.304, which covers development standards applying to all districts.

1818
02:38:05,010 --> 02:38:18,370
As I mentioned, the language regarding fall or chickens in this case is remain in the city code, so this will maintain allowances for what's commonly referred to backyard chickens or chickens in otherwise residential properties.

1819
02:38:21,420 --> 02:38:29,900
And as a result, staff recommends approval of ZTA 023-26 and I can take any questions of the commission.

1820
02:38:30,300 --> 02:38:31,280
Thank you, Melissa.

1821
02:38:32,860 --> 02:38:35,220
Commissioners any questions this time?

1822
02:38:37,740 --> 02:38:37,920
Okay.

1823
02:38:39,020 --> 02:38:39,900
Thank you.

1824
02:38:40,060 --> 02:38:42,920
Is there any one here that would like to speak on this case?

1825
02:38:44,760 --> 02:38:46,160
And I'm assuming no one has signed up.

1826
02:38:46,540 --> 02:38:49,340
So we will close the public hearing on that as well.

1827
02:38:49,340 --> 02:38:53,200
uh... commissioners or is open for motion on this case

1828
02:38:56,430 --> 02:38:58,370
motion to approve

1829
02:38:58,990 --> 02:39:02,530
motion to approve by uh... Greg is there second

1830
02:39:03,970 --> 02:39:06,030
second by commissioner lank was

1831
02:39:06,030 --> 02:39:07,930
any further discussion

1832
02:39:07,930 --> 02:39:10,050
on this topic

1833
02:39:10,050 --> 02:39:10,710
okay

1834
02:39:10,710 --> 02:39:13,470
seeing none voters on the floor to prove in court of disaster recommendations

1835
02:39:13,470 --> 02:39:16,030
all those in favor please raise your hand

1836
02:39:16,030 --> 02:39:16,830
that vote

1837
02:39:16,830 --> 02:39:18,150
great or you voting

1838
02:39:18,150 --> 02:39:19,630
that vote is unanimous

1839
02:39:20,170 --> 02:39:22,290
and uh... that will go to city council as well

1840
02:39:22,290 --> 02:39:25,850
Okay, I think that's it for the public cases for tonight.

1841
02:39:26,570 --> 02:39:28,230
Announcements and information battles.

1842
02:39:29,030 --> 02:39:32,730
Thank you, Chair. Just a couple of quick items. First, we want to welcome Justin Wallace,

1843
02:39:33,150 --> 02:39:38,350
our new player too, to the Planning Commission. We got him a good one this evening. So,

1844
02:39:38,490 --> 02:39:42,190
you'll see Justin and some of our upcoming cases in the next few months.

1845
02:39:43,070 --> 02:39:49,990
And just wanted to make sure you get an opportunity to get a first glance at your new staff member.

1846
02:39:50,510 --> 02:39:54,070
Second, we do have several items that were acted upon by City Council.

1847
02:39:54,410 --> 02:39:56,070
That list is in your staff report.

1848
02:39:56,950 --> 02:39:59,850
So there were a number of items that have had access.

1849
02:40:00,000 --> 02:40:14,980
On some that are coming back to the Planning Commission, so stay tuned with return for 200 to pre, that is scheduled for the November 16th Council meeting, but we'll be coming back to Planning Commission first at your November 5th meeting.

1850
02:40:15,560 --> 02:40:19,800
So you can anticipate seeing that case come before you. And that's all I have.

1851
02:40:20,820 --> 02:40:26,360
Okay, thank you. Welcome to the City Planning staff. Looking forward to working with you.

1852
02:40:26,360 --> 02:40:34,380
There's a good meeting probably for you to not, I guess, to see host of different cases and then I guess it's a visual chase is not going to be here anymore

1853
02:40:34,380 --> 02:40:41,860
He is done correct so he could not be here tonight and fortunately, but so he has already seen his last planning commission meeting so

1854
02:40:41,860 --> 02:40:50,540
He is he's got a lot of just stuff going on and work and personal and family and just whole host of other things that's

1855
02:40:50,540 --> 02:40:55,440
more time he said so he said it was time for him to step down so not sure if we have anyone

1856
02:40:55,440 --> 02:40:59,600
that's been looked at yet but I guess at some point we'll get another appointment here so

1857
02:40:59,600 --> 02:41:04,100
but I appreciate all he's not here to hear it but I appreciate all his help he's filled in for me

1858
02:41:04,100 --> 02:41:09,720
definitely and he's been a great number to the team and and always add a lot so he'll be missed so

1859
02:41:09,720 --> 02:41:14,060
but I just want to say that so other than that commissioners anything else you have for we adjourn

1860
02:41:15,760 --> 02:41:17,980
all right see you then we'll adjourn the meeting thank you