Mar 05, 2026 Planning Commission

[1 Call to order]

[00:00:11]

ALLEGIANCE. I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA, AND TO THE REPUBLIC FOR WHICH IT STANDS. ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL. EVERYONE, WELCOME. ANGELA, PLEASE CALL THE ROLL. DOCTOR GREEN HERE, MR. BATES. HERE, MR. SLED HERE, MR. ROZANSKI HERE, MISS FLETCHER, MR. GIVEN HERE, MR.

[4 Approval of Minutes]

YES. MR. GIVEN. YES. MR. DUBOSE? YES, DOCTOR. GREEN. YES. MR. BATES? YES. MR. ROZANSKI. YES.

MR. STAMPS. YES. MR. SLED. ABSTAIN. MR. COTTON. YES. ALL RIGHT. JAMIE, ARE THERE ANY

[5 Approval of Agenda Additions/deletions]

[6 Citizen Comments]

AND I WOULD LIKE TO KNOW WHAT'S GOING ON WITH THE SURVEYORS FLAGGING OUR YARD, OUR I. MY UNDERSTANDING IS, IS THAT IT'S POSSIBLE THAT YOU GUYS ARE WIDENING THE ROAD TO SIX LANES, AND I WOULD LIKE TO KNOW WHAT'S GOING ON WITH MY PROPERTY, BECAUSE I'M ON THE CORNER HOUSE OF SHELBY AND FLEMING, SO IT'S IMPACTING MY HOUSE. I GOT A LETTER FROM SOMETHING HALL LLC THAT THEY ARE GOING TO ASSESS MY PROPERTY VALUE. DOES ANYONE KNOW WHAT I'M TALKING ABOUT HERE? SINCE THIS IS THE PLANNING COMMISSION? JAMIE, I CAN SPEAK TO IT. IT'S A PROJECT THAT HASN'T BECOME OR COME BEFORE THE PLANNING COMMISSION AND MIGHT NOT AT ALL. IT'S THE WIDENING OF SHELBY DRIVE. I BELIEVE THAT THAT'S. THAT'S WHAT MY UNDERSTANDING IS. YES.

SO THE STATE IS IN THE PROCESS OF GOING THROUGH THE MOTIONS OF ALL THE DIFFERENT STEPS INVOLVED WITH WIDENING, WHICH IS RIGHT OF WAY ACQUISITION, SO THAT THAT WOULD EXPLAIN THE APPRAISAL. THEY'LL THEY'LL HAVE SURVEYORS THAT WILL FIGURE OUT HOW WIDE IT NEEDS TO BE AND HOW MUCH LAND NEEDS TO BE ACQUIRED SO THEY CAN FORMULATE AN OFFER. AND THEN EVENTUALLY CONSTRUCTION DRAWINGS WILL BE CREATED. RIGHT NOW IT'S IT'S IT'S NOT SCHEDULED FOR CONSTRUCTION ANYTIME SOON. SO IT'S SEVERAL YEARS OUT. THAT'S ABOUT ALL I KNOW. BUT I CAN PUT YOU I CAN GET YOUR INFORMATION AND PASS IT ALONG TO OUR PROJECT MANAGER. WE HAVE SOMEONE WHO WORKS CLOSELY WITH T-DOT ON THESE PROJECTS. YEAH, BECAUSE MY UNDERSTANDING IS THAT IT'S GOING TO BE SIX LANES, WHICH IS RIDICULOUS WITH A MEDIAN. OKAY. AND IT SOUNDS LIKE IT'S GOING TO AFFECT OUR PROPERTY VALUE. AND FROM WHAT I'M HEARING FROM WHAT MY WIFE READ IS THAT IT'S GOING TO COME ALL THE WAY UP TO BASICALLY THE SIDE OF MY HOUSE. SO YEAH, I

[00:05:03]

AND I JUST FIGURED IF THAT'S THE CASE, WE ALREADY HAVE PROBLEMS WITH PEOPLE DRAG RACING. AS SOON AS THEY GET TO THAT STOP SIGN, THEY TAKE OFF. WELL, NOW, THIS WILL PROBABLY GIVE THEM ROOM TO SPEED AND RACE EVEN MORE FELLOW CARS. SO I JUST WANT TO KNOW WHAT'S GOING ON WITH MY PROPERTY AND FOR MY NEIGHBORS AND ALL THAT. BECAUSE IT DOES STRETCH IN THERE. THE FLAGS ARE ALL THE WAY TO THE HOUSES ON THE RIGHT. THERE'S SOME VACANT PROPERTY TO THE LEFT. SO I JUST WANT TO KNOW WHAT IS HAPPENING TO MY HOUSE. AND I NEED TO TAKE CARE OF MY FAMILY FIRST AND FOREMOST. SO I DO NOT WANT THAT ROAD BEING WIDENED TO SIX LANES. I IMAGINE YOU DO. I WOULD CERTAINLY THINK SO. SO, JAMIE, YOU CAN HE CAN GIVE YOU A CALL MAYBE. AND YES, I'VE GOT YOUR CALL. I'LL GET YOUR CONTACT INFORMATION FROM THE CAR THAT YOU COMPLETED AND OKAY, I DID. I PUT MY PHONE NUMBER ON THERE BECAUSE I THINK I JUST ADDED MY NO, NO I DIDN'T NO, SIR. NO PHONE NUMBER HERE, JAMIE. THANK YOU. AND GIVE THAT TO ANGELA OR SHE'LL SHOOT ME. MISTAKE. RIGHT. I'LL GIVE YOU MY EMAIL ADDRESS AS WELL. PHONE NUMBER (620) 347-0607. AND THAT'S OUR GOAL AT HOTMAIL.COM. WHEN YOU GET FURTHER INFORMATION I'D APPRECIATE THE UPDATE ON ALL THAT. ALL RIGHT THANK YOU GUYS. THANK YOU SIR. THANK YOU FOR COMING UP AND LETTING US KNOW ABOUT IT. OKAY MISTER, WHILE WE'RE AT THIS POINT, IS THERE ANYONE ELSE THAT'S HERE THAT WOULD LIKE TO MAKE A COMMENT ABOUT SOMETHING OTHER THAN WHAT'S ON THE AGENDA TONIGHT? WE'RE GOING TO CLOSE THE CITIZEN COMMENT FOR THE DAY.

[7 Approval of Consent Agenda]

[8.a Case #243874]

THE PRELIMINARY SITE PLAN WAS INITIALLY SUBMITTED IN NOVEMBER OF 2024, AND STAFF REQUESTED REVISIONS TO MEETING THE PARKING REQUIREMENTS AND TO IMPROVE SITE CIRCULATION. IN APRIL OF LAST YEAR, THE APPLICANT REQUESTED A VARIANCE FROM THE BOARD OF ZONING APPEALS TO TO EXCEED THE MAXIMUM PARKING LIMIT, BUT THE REQUEST WAS DENIED BY THE BZA DUE TO A LACK OF A PHYSICAL HARDSHIP. LATER, THE PROPERTY OWNER PURSUED A ZONING TEXT AMENDMENT TO CHANGE THE TOWN WIDE PARKING FORMULA FOR RESTAURANTS, BUT THE BOARD OF MAYOR AND ALDERMEN DENIED THE ORDINANCE ON ITS FIRST READING IN OCTOBER DUE TO CONCERNS ABOUT SETTING A NEW TOWN WIDE STANDARD. THE 4300 SQUARE FOOT BUILDING WILL BE LOCATED ON A 1.7 ACRE TRACT. THE BUILDING WAS REORIENTED, REORIENTED TO BETTER FACE THE PUBLIC STREETS, REDUCE THE VISIBILITY OF THE DRIVE THRU MENU BOARDS, AND TO COMPLY WITH THE PRICE FORM DESIGN GUIDELINES. THERE WILL BE ONE CURB CUT ONTO EAST SHELBY DRIVE, BUT IT WILL NEED TO BE APPROVED BY T-DOT. IT WILL ALSO BE A SHARED DRIVEWAY WITH THE FUTURE DEVELOPMENT TO THE EAST. THERE IS NO DIRECT ACCESS TO HOUSTON LEVEE FROM THE SITE, BUT THERE WILL BE ACCESS VIA THE EXISTING DRIVE OUT TO THE SOUTH OF THE SITE. THE SITE DOES MEET THE PARKING

[00:10:06]

REGARDING THE TRAFFIC, THE A DRIVE THROUGH RESTAURANT ON THIS OUTPARCEL IS NOT EXPECTED TO NEGATIVELY IMPACT THE SURROUNDING NETWORK. CARRIAGE CROSSING MARKETPLACE DOES HAVE INTERCONNECTED PRIVATE DRIVE NETWORKS, PROVIDING ACCESS TO A SIGNALIZED INTERSECTION AT EAST SHELBY DRIVE, WHICH ALIGNS WITH CARRIAGE CROSSING TO THE NORTH, AND THERE ARE ALSO OTHER ACCESS POINTS, ACCESS POINTS ALONG EAST SHELBY DRIVE AND HOUSTON LEVEE, AS DENOTED BY THE BLUE FIGURES ON YOUR SCREEN. THIS SITE IS ESTIMATED TO GENERATE 115 NEW AM PEAK HOUR TRIPS, 144 NEW MID-DAY PEAK HOUR TRIPS, AND 85 NEW PEAK PM PEAK HOUR TRIPS. REGARDING THE TREE MITIGATION, THERE ARE NO EXISTING TREES ON THE SITE AND THEY WON'T BE AND SO THERE IS NONE TO BE REMOVED. OF COURSE, THERE ARE EXISTING STREET TREES IN THE LANDSCAPE BUFFER ALONG SHELBY DRIVE AND HOUSTON LEVEE. HOWEVER, THOSE TREES ARE ON A SEPARATE LOT AND THEY WILL NOT BE MAINTAINED BY MCDONALD'S. IT WILL BE MAINTAINED BY THE PROPERTY OWNERS OF THE CARRIAGE CROSSING MARKETPLACE. AND LASTLY, THE SITE DOES MEET THE MINIMUM REQUIREMENTS AND PROVIDES 30 FOOT AT LEAST 34 TREES FOR THE COMMERCIAL LOT OF THIS SIZE, WHICH IS 1.7 ACRES.

ON YOUR SCREEN, YOU WILL SEE STORMWATER UTILITIES ON SITE. STORMWATER DETENTION IS NOT REQUIRED FOR THIS DEVELOPMENT. RIGHT NOW. DRAINAGE FLOWS SOUTH TO NORTH AND THEN DISCHARGES INTO A STORMWATER STRUCTURE IN THE NORTHEAST CORNER OF THE SITE, WHICH IS CIRCLED IN BLUE.

ADDITIONAL RUNOFF IS CURRENTLY CAPTURED BY EXISTING CURB INLETS ALONG HOUSTON LEVEE AND SHELBY DRIVE, AND AFTER THE SITE IS DEVELOPED. AFTER THE SITE IS DEVELOPED, STORMWATER WILL BE COLLECTED BY NEW INLETS AND PIPING AND DIRECTED TO THE EXISTING STORMWATER STRUCTURES, AND THERE IS ADEQUATE WATER AND SEWER CAPACITY FOR THIS SITE. PER THE PUBLIC UTILITIES DEPARTMENT. STAFF DOES RECOMMEND APPROVAL OF THE PRELIMINARY SITE PLAN. WITH THE CONDITIONS OF APPROVAL, THE SITE WILL BE CONSISTENT WITH THE ZONING ZONING REGULATIONS AND THE PRICE FORM PD. THE APPLICATION WILL BE HEARD AT THE DRC MEETING NEXT WEEK FOR A RECOMMENDATION, AND THEN APPROVAL FROM THE BOARD OF MAYOR AND ALDERMEN IS SET AT A LATER DATE. THE MOTION IS ON YOUR SCREEN, AND THE APPLICANT IS IN AGREEMENT WITH ALL THE CONDITIONS OF APPROVAL. AND THERE ARE 22. AND THIS CONCLUDES MY PRESENTATION AND I'M HERE FOR ANY QUESTIONS IF YOU HAVE ANY. ANYBODY HAVE QUESTIONS FOR STAFF. DO YOU HAVE A QUESTION. DID YOU SAY THAT 39 SPACES ARE REQUIRED AND THEY'RE PROVIDING 38? DID I HEAR THAT THE MAXIMUM THEY CAN HAVE IS 39. THEY'RE THEY'RE PROVIDING 38. AND THEY THEY WENT TO THE BZA IN THE FACT THAT THEY WANTED TO EXCEED THAT THEY CAME BACK AND COMPLIED.

THEY COMPLIED. YES. THEY PROVIDED MORE OUTDOOR SEATING. OTHER QUESTIONS? YES, SIR.

THANK YOU SIR. ONE OF THE CONDITIONS, NUMBER 19, THE TRAFFIC CONTROL PLAN WITHIN THE AGENDA PACKET, IT SAYS THE TRANSPORTATION IMPACT STUDY. DOES THAT FULFILL THAT REQUIREMENT THAT WE'RE SEEING RIGHT HERE? NO, A TRAFFIC CONTROL PLAN I THINK IS SOMETHING REQUIRED DURING CONSTRUCTION, IF I'M MISTAKEN, MAYBE NEED TO CAN BACK ME UP ON THAT. WOULD THAT TAKE THE PLACE? SO NO, IT DOESN'T TAKE THE PLACE OF A TRAFFIC IMPACT STUDY.

IT'S JUST YEAH, YEAH. THEY'LL COME IN TIME WHEN THEY WHEN THEY SUBMIT AGAIN, THEY'LL HAVE

[00:15:05]

WE'LL HAVE TO HAPPEN AFTER THE COMPREHENSIVE PLAN IS DONE, IS WE'LL HAVE TO AMEND OUR ORDINANCES TO PUT IN VERY STRICT DESIGN GUIDELINES TO MEET THOSE EXPECTATIONS AND STANDARDS. IN SITUATIONS LIKE THIS, THE BUILDING IS GOING TO BE BUILT BY THEN. SO IT WILL BE AN EXISTING GRANDFATHERED SCENARIO AND WILL NOT BE APPLICABLE TO THOSE. WE ALSO HAVE SEVERAL OTHERS THAT HAVE ARCHITECTURAL DETAILS AND OTHER ELEMENTS THAT ARE APPROVED AS PART OF THEIR ENTITLEMENTS THAT WOULD NOT BE APPLICABLE, BUT ANY NEW DEVELOPMENTS MOVING FORWARD WOULD BE REQUIRED TO MEET THE FULL EXTENT OF THOSE ORDINANCES. SO WHAT IS THE TIME FRAME FOR THOSE ORDINANCES ACTUALLY TAKE PLACE? WELL, THE COMPREHENSIVE PLAN ANTICIPATED COMPLETION DATE WOULD BE IN MARCH OF 2027, APPROXIMATELY A YEAR FROM NOW, AND THEN WE ARE GOING TO BE REQUESTING FUNDING FOR THE CREATION OF A UNIFIED DEVELOPMENT CODE IN THE FY 28 BUDGET. WE ANTICIPATE THAT PROJECT TAKING APPROXIMATELY 12 MONTHS FROM ISSUANCE OF CONTRACT. SO WE'D BE BEST CASE SCENARIO LOOKING AT EARLY 2029 FOR THAT ORDINANCE TO TAKE EFFECT. OKAY. ANY OTHER QUESTIONS FOR MIKE OR ANY OTHER STAFF? WELL I DON'T HEAR ANY.

DID I HEAR A MOTION? MOTION? OH, WAIT A MINUTE. JUMPING AHEAD OF US. WHERE'S THE APPLICANT? THEY ARE HERE. HI, I'M DREW STOKES. I'M THE FROM 177 BRANDON WOODS DRIVE, SPRING HILL, TENNESSEE.

I'M THE CIVIL ENGINEER ON THE PROJECT PROJECT, AND I CAN TAKE ANY QUESTIONS. I'VE ALSO GOT THE ARCHITECT HERE WITH ME AS WELL. QUESTIONS FOR THE APPLICANT. HEARING NONE. YOU GUYS HAVE DONE A GREAT JOB. THANK YOU. AWESOME. DO I HEAR A MOTION? MOTION TO APPROVE CASE 2438 74. WITH THE 22 CONDITIONS AS PRESENTED. SECOND MOTION MADE AND SECONDED. DO I HEAR SOME DISCUSSION? COMMISSIONERS? ALL RIGHT, NO DISCUSSION. ANGEL, PLEASE CALL THE ROLL. STAMPS.

YES, DOCTOR. GREEN. YES, MR. BATES? YES, MR. SLED. YES, MR. ROZANSKI? YES, MISS FLETCHER, MR. GIBBON. YES. MR. DUBOSE. YES. MR. COTTON YES. LIKE I SAY, YOU GUYS DID A GREAT JOB. THANK

[8.b Ordinance 2026-01]

[00:20:06]

AND AS YOU'RE DELIBERATING A CASE SO THAT THAT'S THAT'S THE REASON WHY THE MAYOR AND BOARD WANTED, WANTED US TO PURSUE THAT. WE'RE ADDING SOME FLEXIBILITY TO THE CONDITIONAL USE PERMIT PROCESS. AND THIS AND I'LL USE AN EXAMPLE THAT I SHARED WITH RUSS TODAY. RUSS CALLED ME TODAY. RUSS BATES CALLED AND ASKED ABOUT AN EXAMPLE OF THIS. AND AN EXAMPLE WAS WHEN WE WORKED WITH THE MERCEDES PROJECT, WE WERE THERE WAS A REQUIREMENT FOR BURNS, AND IT WAS A VERY RIGID REQUIREMENT ONLY IF IT WAS A PLANNED DEVELOPMENT OR THEY GO TO THE BOARD OF ZONING APPEALS AND PROVE A HARDSHIP. COULD THEY GET RELIEF FROM THAT? SO WE'RE BUILDING IN SOME FLEXIBILITY FOR FOR DESIGN RELATED THINGS, ESTHETICS, LANDSCAPING, ARCHITECTURE THINGS, FENCING, THINGS OF THAT NATURE THAT WOULD ALLOW THE PLANNING COMMISSION AND BOARD TO AFFORD SOME FLEXIBILITY, NOT TO LET SOMEBODY TO GET OUT OF A STANDARD, BUT TO APPROVE AN ALTERNATIVE EQUIVALENT. SO SOMETHING THAT IS EQUAL. SO IN THAT CASE, WE WOULD HAVE INSTEAD OF REQUIRING BERMS FOR MERCEDES, WE COULD HAVE APPROVED TALLER SHRUBS OR SHRUBS OR MAYBE A FENCE. SO IT'S A TRADE OFF. AND THAT THAT IS SOME FLEXIBILITY. THAT'S A LITTLE BIT IT'S LESS RIGID THAN A BOARD OF ZONING APPEALS VARIANCE, WHICH OUR BOARD OF ZONING APPEALS, THEY'RE VERY, VERY TOUGH. AND THEY DO THEIR JOB AND THEY DON'T HAND OUT VARIANCES LIKE CANDY. SO THEY AND BECAUSE BECAUSE OF THAT, WE NEED TO HAVE SOME KIND OF FLEXIBILITY BUILT IN SOME DISCRETION. SO THAT'S THAT'S WHAT THAT WOULD BE. AND THAT WOULD APPLY TO SPECIAL STANDARDS THAT APPLY TO CONDITIONAL USE PERMITS OR EVEN THE DESIGN GUIDELINES LIKE THE DRC GUIDELINES. ANOTHER EXAMPLE MIGHT BE OF A COFFEE SHOP WAS GOING TO REDEVELOP AND THEY THEY THEY COULDN'T MEET A 40 FOOT BUFFER, WHICH I DON'T THINK THEY CAN AND GET EVERYTHING THEY HAVE TO DO ON THAT SITE. IT WOULD ALLOW THE MAYOR AND THE PLANNING COMMISSION AND THE MAYOR BOARD TO SAY, MAYBE A 20 FOOT BUFFER WITH LOTS AND LOTS OF LANDSCAPING WOULD BE APPROPRIATE. AND THAT WAY WE'RE ABLE TO WORK WITH THE PROPERTY AND MAKE SURE IT CAN REDEVELOP.

SO MOVING ON, PARKING AND TRAFFIC. THAT'S ANOTHER THEME. A BIG CHANGE WITH THIS ORDINANCE IS DRIVE THROUGH USES LIKE THE ONE THAT YOU JUST ACTED ON. WOULD NEED A CONDITIONAL USE PERMIT FROM THE PLANNING COMMISSION AND THE MAYOR AND BOARD, IF THAT'S. AND THAT WOULD APPLY TO THINGS LIKE A RESTAURANT OR BANKS OR COFFEE SHOPS, MAYBE A PHARMACY. SO A DIFFERENCE WOULD BE LIKE A PHARMACY OVER HERE ON POPLAR, THE COMPOUNDING PHARMACY, SINCE IT DOESN'T HAVE A DRIVE THROUGH, IT WOULD BE ALLOWED BY RIGHT. OR A SIT DOWN RESTAURANT THAT DOESN'T HAVE A DRIVE THROUGH WOULD BE ALLOWED BY RIGHT, BUT IF THEY NEEDED A CONDITIONAL USE PERMIT, THEY WOULD COME BEFORE THE PLANNING COMMISSION. THEY COULD DO THAT CONCURRENTLY WITH THEIR PRELIMINARY SITE PLAN, LIKE THE TYPE OF CASE THAT YOU JUST REVIEWED, IF THEY WERE READY FOR THAT, OR IF THEY WERE CONCERNED ABOUT RISK, THEY MAY JUST DO THE CONDITIONAL USE PERMIT AND THEY WOULD NEED A TRAFFIC STUDY, AND WE WOULD REVIEW THAT TRAFFIC STUDY AND MAKE SURE THAT ALL THE ASSUMPTIONS ARE CORRECT AND STACKING AND THINGS WOULD NOT

[00:25:04]

WE THINK THE BOARD MIGHT APPRECIATE THAT BETTER THAN HAVING A ONE FLAT FORMULA TOWN WIDE. THERE WOULD BE AN EXPECTATION THAT THEY WOULD HAVE AN ENGINEERED STUDY THAT WOULD SHOW PARKING, SUPPLY AND DEMAND, AND WE WOULD LOOK AT PROFESSIONAL SOURCES SUCH AS THE IT, AND WE WOULD LOOK AT COMPARABLE SITES FROM OTHER COMMUNITIES AS AS WE'RE TRYING TO EVALUATE THAT DATA. BUT WE THINK THAT THAT COULD HELP ALLEVIATE SOME ISSUES, BECAUSE WE DO BELIEVE THAT THERE ARE ISSUES WITH SOME RESTAURANTS AND MULTI-TENANT CENTERS, PARTICULARLY THAT THAT NEED MORE PARKING THAN OUR CAP ALLOWS. IF YOU THINK OF LIKE WE'RE ROTOLO'S IS AND OVER IN WATER TOWER DISTRICT WHEN THE WAY LEASING IS THESE DAYS, WE SEE A LOT OF RESTAURANTS AND EXPERIENTIAL TYPE RETAIL. IN THESE MULTI-TENANT CENTERS.

IT'S LESS JUST TYPICAL RETAIL, AND THAT HAS A PRETTY HIGH PARKING DEMAND. SO THAT THIS COULD HELP US WITH THAT. ALSO MORE FLEXIBLE LOADING REQUIREMENTS. AND THAT'S I WON'T BELABOR THAT, BUT THERE WAS A PHASE THAT PLANNERS WENT THROUGH WHERE WE TRIED TO TELL PEOPLE HOW MANY LOADING BURSTS THEY NEED. EVERY BUSINESS HAS A DIFFERENT MODEL, SO THIS ALLOWS BUSINESSES TO PROPOSE THEIR OWN NEEDS AND ALLOWS THE DEVELOPMENT DIRECTOR TO SAY WHETHER THAT'S APPROPRIATE OR NOT. AND THEN WE'RE ALSO BETTER REFINING OUR TRAFFIC PROCESS, TRAFFIC IMPACT STUDY PROCESS TO MAKE IT CLEAR THAT WE NEED A LITTLE BIT MORE TIME TO REVIEW THE TRAFFIC STUDY. THEY CAN'T JUST DROP OFF THE APPLICANT DEVELOPMENT APPLICATION FOR THE PLANNING COMMISSION AND THE TRAFFIC STUDY AT THE SAME TIME, AND US BE EXPECTED TO REVIEW BOTH SIMULTANEOUSLY. WE NEED TO STUDY FIRST AND MAKE SURE THE STUDY IS RIGHT. AND THEN WE SEE THE CONSTRUCTION DRAWINGS. AND HOPEFULLY THOSE PLANS ARE BASED ON THAT. FOUR THEME IS EMERGING TRENDS TRYING TO BETTER ADDRESS SOLAR. SO THIS ORDINANCE ADDRESSES SOLAR ON A UTILITY SCALE OR SOMETHING THAT LIKE MLG AND YOU MIGHT DO. AND SO THIS TRIES TO ADDRESS A PROCESS.

FOR THAT THEY WOULD HAVE TO GET A CONDITIONAL USE PERMIT AND THEIR SPECIAL STANDARDS THAT ARE RELATED TO THAT, THAT TYPE OF USE. ALSO ON AN ACCESSORY USE SCALE AS WELL. SO MAYBE AN INDIVIDUAL HOUSE OR MAYBE A COMMERCIAL BUSINESS OR INDUSTRY IF THEY WANT TO HAVE SOLAR PANELS ON THE ROOFTOP OR IN THE LAWN, THE STANDARDS WOULD ADDRESS THAT. THERE ARE STANDARDS THAT ARE BEING BUILT IN FOR EV STATIONS AND ALSO FOOD TRUCKS. THAT'S SOMETHING WE'VE SEEN FOOD TRUCKS FOR A WHILE, BUT WE HAVEN'T REALLY ADDRESSED IT HEAD ON IN OUR ORDINANCE. SO THIS WOULD REFERENCE THE TOWN CODE. AND THEN WE'RE WORKING WITH THE FIRE MARSHAL AND OTHERS ON TRYING TO MAKE SURE THAT LANGUAGE IS RIGHT FOR THE TOWN CODE, BUT THAT'LL BE A SEPARATE ORDINANCE FOR CODE ENFORCEMENT. I MENTIONED PARKING OF VEHICLES EARLIER, AND THAT NEEDS TO BE ADDRESSED IN THE TOWN CODE. WE ALSO NOTICED THAT THERE ARE SOME EXCEPTIONS, RVS AND THINGS LIKE THAT ARE WELL ADDRESSED IN THE IN THE ORDINANCE. AND THOSE HAVE TO BE BOATS. THEY HAVE TO BE TO THE SIDE AND REAR OF A HOME. BUT SOMEBODY MIGHT HAVE A HOME BASED BUSINESS AND A AND A TRUCK OR A LAWN CARE TRUCK, AND THAT CAN BE IN FRONT OF THE HOUSE. SO WE'RE TRYING TO TREAT ALL THESE VEHICLES AND TRAILERS THE SAME AND GET THEM TO THE SIDE AND REAR OF THE HOUSE, TRYING TO MINIMIZE IMPACTS TO NEIGHBORHOODS. SO THIS WOULD ADDRESS THAT. AND ALSO WE REALIZED THAT A PART OF OUR CODE DOESN'T REALLY MAKE SENSE.

SOME OF THE SINGLE FAMILY DESIGN STANDARDS AROUND THE TOWN SQUARE REQUIRE A NO MORE THAN A TEN FOOT WIDE DRIVEWAY IN THE TRADITIONAL NEIGHBORHOOD DISTRICT, AND OFTEN GARAGES ARE 20FT WIDE. AND SO IT'S HARD TO GO FROM A TEN FOOT DRIVE RIGHT UP TO A 20 FOOT GARAGE. IT JUST DOESN'T DOESN'T MAKE SENSE. SO THIS WOULD CHANGE THAT TO 20 FOOT WIDE DRIVE, BUT ALSO SAY THAT THE MORE NO MORE THAN 50% OF THE LAWN CAN BE CONSUMED WITH PARKING AREAS AND ASPHALT.

THAT WAY IT'S NOT. FOLKS AREN'T PAVING THEIR WHOLE WHOLE YARD. FREQUENT BOARD OF ZONING APPEALS CASES. WE'VE TRIED TO ADDRESS ISSUES THAT WE SEE ON CORNER LOTS, PARTICULARLY FOR

[00:30:06]

BUT THERE IS THERE'S A LOOPHOLE IN THE WAY, THE WAY OUR STANDARDS READ. YOU CAN YOU HAVE TO PUT RVS AND BOATS AND SKI DOOS AND THINGS LIKE THAT TO THE SIDE AND REAR OF YOUR HOME. BUT TRAILERS AND IT'S NOT EVEN HOME BASED BUSINESSES. THIS IT DOESN'T REALLY ADDRESS TRAILERS AT ALL. SO WE SEE TRAILERS SOMETIMES PARKED IN THE FRONT OF A HOUSE OR OR THINGS RELATED TO HOME BASED BUSINESS. PEOPLE BRING IN OF SOME OF THE WILDEST THINGS I'VE SEEN PEOPLE BRING IN FRONT, LIKE FRONT END LOADERS, HOME BOBCATS ON A ON A ON A TRAILER.

SOMETIMES THEY PARK THEM ON THE STREET, SOMETIMES THEY PARK THEM IN THEIR FRONT YARD OR SOMETIMES IN THE LAWN. THIS IS THIS IS AN ISSUE THAT HAPPENS IN SOME NEIGHBORHOODS AND THEY'RE RUNNING UP THE LAWN. AND SO WE'RE GOING TO TRY TO ADDRESS THAT AS WELL. SO THAT THAT HAS A DETRIMENTAL IMPACT TO THE NEIGHBORHOOD. AND OFTEN WHAT WE'RE FINDING IS WHEN IT'S TIME TO GO TO COURT, THE ORDINANCES DON'T AREN'T AS STRONG AS THEY NEED TO BE OR CLEAR. AND OUR OUR MUNICIPAL COURT, THEY LOVE CLARITY. AND SO IF WE CAN PUT IT REALLY CLEAR THAT THERE'S A VIOLATION THAT WE CAN, WE CAN THEY CAN HELP US. BUT IF IT'S NOT CLEAR, IT DOESN'T IT DOESN'T WORK VERY WELL IN COURT. SO THAT'S THAT'S OUR GOAL THERE IS TO TRY TO TRY TO DEFINE THAT. AND I CAN PULL UP THAT SECTION. AND IT IS LIKE FIVE SENTENCES LONG AND IT'S

[00:35:01]

OTHER QUESTIONS FOR JAMIE, CHAIRMAN. YES, SIR. ON YOUR POINT TOO. SOMETIMES HOA'S REQUIRE HIGHER STANDARDS. WHAT I FOUND TOO, AS FAR AS WHAT THE TOWN WOULD REQUIRE FOR TRAILERS AND TRUCKS LIKE THAT. JAMIE, MY QUESTION COMMENT IS GREAT JOB ON THE CLEANUP. WELL NEEDED. I MEAN THE ADDRESSING EMERGING TRENDS. I SEE A COUPLE IN HERE THAT DEFINITELY I'M VERY HAPPY TO SEE. THE QUESTION I HAVE IS ABOUT SWIMMING POOLS. YES. KIND OF MADE ME SMILE THAT NO SWIMMING POOLS ARE ALLOWED IN THE FRONT YARD. BUT I THINK THAT'S I THINK THAT WAS VERY GOOD. WE WE HAD THIS DISCUSSION BEFORE AS FAR AS YOU KNOW, SOMETIMES THEY PUT IN POOLS. IT CHANGES THE DYNAMICS OF THE WATER FLOW AND CERTAIN THINGS LIKE THAT. IS THERE A IS THERE ANY STUDY THAT'S REQUIRED BY PUTTING A SWIMMING POOL IN THE BACKYARD, OR IS THAT SOMETHING WE SHOULD LOOK INTO A LITTLE BIT MORE AS FAR AS REQUIRING THAT BLOCK THE WATER FLOW AND CREATE OTHER PROBLEMS? THAT'S A GOOD QUESTION. AND THAT'S AND THAT'S ONE OF THE REASONS WHY WE WANTED TO PUT THIS BACK INTO THE ORDINANCE, BECAUSE, RIGHT, RIGHT NOW POOLS ARE EXEMPT FROM THAT SECTION OF THE ORDINANCE. THAT GIVES US A LOT OF OUR STRENGTH WITH ACCESSORY ACTIVITIES. SO WE'RE SAYING THAT THEY ARE REGULATED BY ACCESSORY USE AND STRUCTURES SECTION AGAIN. AND THERE'S A SPECIAL SECTION THAT WE'RE ADDING. I THINK WE'RE ONLY ADDING LIKE TWO STANDARDS. ONE IS DON'T PUT IT IN AN EASEMENT. KEEP LIKE KEEP IT FIVE FEET OFF THE I THINK IT'S FIVE FEET OFF THE PROPERTY LINE. DON'T PUT IT IN EASEMENT. KEEP IT TO THE SIDE AND REAR OF YOUR HOUSE. BUT THAT SECTION COULD BE LONGER THAN THAT. WE COULD ADD SOME ADDITIONAL THINGS ABOUT ABOUT DRAINAGE. I DON'T THINK WE HAVE STEVEN'S NOT HERE TONIGHT. OUR FROM FROM ENGINEERING. BUT IF THIS DOES MOVE, IF YOU DEFER IT WE CAN WORK ON THAT. IT GOES FORWARD TO THE BOARD. WE COULD COME UP MAYBE WITH SOME IDEAS ON WAYS TO TO BEEF THAT UP. IF YOU'RE CONCERNED ABOUT DRAINAGE OR AT LEAST EXPLAIN MORE IN OUR REPORT ABOUT WHAT HOW WE LOOK AT AT DRAINAGE IMPACTS, I DON'T THINK THAT I'D BE INTERESTED PERSONALLY IN DEFERRING IT BECAUSE THERE'S SO MUCH WORK PUTTING THIS, MOVING IT FORWARD.

BUT AND I HEARD SOME COMMENTS THAT PEOPLE THINK THAT THAT'S AN IDEA OR SOMETHING YOU COULD LOOK AT AS FAR AS POOLS AND DRAINAGE AND THE FLOW, IS THAT SOMETHING THAT THE BOARD IS? IT DOES MAKE A DIFFERENCE. YEAH. I THINK IT'S A GOOD IDEA BECAUSE, YOU KNOW, WE HAD ONE THAT THEY PUT IN THE POOL AND OF COURSE THEY, THEY CHANGE THE GRADE RIGHT TO THE BE ADVANTAGEOUS TO THE OWNER TO PROTECT THEIR PROPERTY. BUT HOW IT AFFECTS THE ADJACENT ONES WAS NOT CONSIDERED AT ALL. AND I THINK THAT'S REALLY NEEDS TO BE DONE. YEAH, I AGREE, AND MAYBE THAT'S SOMETHING THAT WE COULD ASK STAFF TO LOOK INTO A LITTLE BIT MORE DEEPER. WE CAN DO THAT OKAY. THANK YOU. WELL, WHILE WE ARE TAKING SUGGESTIONS I THOUGHT I'LL THROW ONE OUT HERE.

SIGNAGE ORDINANCE. AS FAR AS I'VE SEEN, STOREFRONTS HERE RECENTLY WHERE THE SIGNAGE FACADE IS FINE, BUT BEHIND THE STOREFRONT THERE'S A SIGN THAT'S OF MANY DIFFERENT COLORS THAT YOU CAN SEE FROM THE ROADWAY, AND IT'S JUST A WAY TO GET AWAY. THE SIGNAGE OF WHERE, YOU KNOW, MIGHT BE AN OPEN SIGN, BUT IT'S 50 COLORS WHERE OUR SIGNAGE ORDINANCE, I THINK IS PRETTY MONOTONE, AND YOU CAN SEE IT FROM THE PUBLIC RIGHT OF WAY. AND I JUST THINK WE OUGHT TO ADDRESS THAT, THAT THAT SHOULD BE A NO. AND THAT THAT SHOULD BE WE SHOULD ENFORCE THAT. THERE CURRENTLY THAT THEY HAVE TO THAT THEY REGULATE IT UP TO SIX FEET BACK BEHIND THE GLASS. I THINK IT'S, I THINK IT'S TEN FOR DIGITAL SIGNS. WE REGULATE SIGNS WITHIN THREE FEET OF THE GLASS. OKAY. BUT ON THE INSIDE WE DON'T WE DON'T REGULATE COLOR. SO IF IT'S THE GAP AND THEY'VE GOT A SALE, WE THEY COULD HAVE PICTURES AND PHOTOS AND THINGS LIKE THAT.

WE'VE TRADITIONALLY AFFORDED MORE FLEXIBILITY INSIDE, RIGHT INSIDE. BUT WE ALREADY HAVE A RULE ABOUT THE THE OPENING OPEN SIGNS. BUT WE MIGHT NEED TO DO BETTER ENFORCEMENT ON THAT.

OTHER QUESTIONS FOR JANE. BECAUSE HE PUT THIS UP ON THE SCREEN. LET ME ASK ALL THE

[00:40:02]

MOTION MADE AND SECONDED. THEN CALL THE ROLL. ANGELA. DOCTOR GREEN. YES, MR. BATES? YES, MR. SLED. YES, MR. ROZANSKI. YES, MISS FLETCHER, MR. GIBBON. YES, MR. DUBOSE. YES. MR. STAMPS.

[9 Development Updates (new cases, administrative reviews, etc.)]

OR WE WOULD ASK. THAT'S OKAY. MIKE, I WAS JUST SAYING THAT THERE'S BEEN A LOT OF QUESTIONS THAT I'VE FIELDED IS WHO THE TENANTS ARE GOING TO BE ON THE WATER TOWER DISTRICT, ON THE NEW RETAIL SPACES FACING POPLAR AVENUE, AND I DIDN'T KNOW IF WE HAD ANY INFORMATION ON THAT OR COULD SHARE AT THIS POINT. I'VE BEEN INFORMED OF A COUPLE THAT HAVE LETTERS OF INTEREST, BUT AS OF RIGHT NOW, SORRY. YEAH, I'VE BEEN INFORMED OF A COUPLE THAT HAVE LETTERS OF INTEREST, BUT THERE HAS BEEN NO NO TENANTS THAT I'M ALLOWED TO SHARE AT THIS TIME. OKAY. I HAVE ANOTHER ONE. YEAH, THE HOTEL ALONG 385. YES, YES, IT'S GONE STAGNANT. YEAH. I'LL LET THESE GUYS HAVE BEEN WORKING ON IT THIS WEEK. YEAH. WE'VE GUYS JUST THIS WEEK WE'VE REACHED OUT BY WRITTEN CORRESPONDENCE TO THE OWNERS OF THE HOTEL WITH A LETTER THREATENING THEM TO TO DO WHAT THEY NEED TO DO TO BRING THE HOTELS INTO COMPLIANCE AND COMPLETION. AND WE ATTACHED A DRAFT LAWSUIT, WHICH WE INTEND TO FILE IF THEY DON'T COMPLY. SO WE'RE ACTIVELY WORKING ON IT. IS IT A FUNDING ISSUE WITH THEM OR DO WE KNOW WHAT THE ISSUE IS? THERE'S BEEN THE GROUP THAT'S OWNED, IT HAS HAD SEVERAL FOLKS COME AND GO OUT OF THAT GROUP. THERE'S BEEN A SINGLE POINT OF CONTACT US FOR A WHILE. THERE WAS A STOP WORK ORDER ISSUED DUE TO STABILIZATION OF THE SURFACE. ONCE YOU START GOING VERTICAL, YOU HAVE TO BE ABLE TO PULL A FIRE TRUCK UP THERE. AND FOR THEM TO BE SAFE. THAT CAUSED SEVERAL MONTHS BECAUSE THERE WAS SOME QUESTION OF WHO WAS RESPONSIBLE FOR THAT. AMONGST THE CONSTRUCTION GROUP. STAY TUNED. STAY TUNED. I EXPECT WE'LL BE HEARING FROM THEM SHORTLY. THE CHICK FIL A, YES.

SO NOW THAT THE ARTICLES OUT THERE AND THE QUESTION WILL COME IS, IS THE CHICK IS CHICK FIL A GOING TO CHOOSE TO MOVE FORWARD ON THE SITE? DO WE KNOW THAT THEY HAVEN'T SUBMITTED THEIR FINAL SITE PLAN? WE'VE BEEN TALKING WITH THEIR ENGINEERS TO SEE IF THEY ARE GOING TO SUBMIT. IT IS ON THE BOARD'S AGENDA FOR FOR MONDAY NIGHT, SO IF IT'S APPROVED, THAT WOULD BE THEIR NEXT PROCEDURAL STEP. BUT THEY'VE NOT NOT APPLIED YET. HAS A DECISION BEEN MADE ABOUT WHETHER THE RULING WILL BE APPEALED? NO. ABOUT WHETHER THE

[00:45:01]

WHAT ABOUT THE UNITED METHODIST CHURCH ACROSS THE STREET? WHAT STAGE ARE THEY IN AS FAR AS THEY'RE DOING A LOT OF SITE WORK. THEY'RE ABOUT READY TO GO VERTICAL. SOMEBODY GOING VERTICAL ALREADY? YEAH, YEAH, THEY HAVE GONE VERTICAL. THEY THEY'VE ASKED US ■ABOUT SOME CHANGES TO EXTERIOR MATERIALS. SO THAT MIGHT END UP GOING TO THE DRC. SOME COLORS AND MATERIAL COLORS CHANGING. BUT THAT'S THAT'S WHERE THEY ARE. ANYTHING ELSE ON DEVELOPMENT ACTIVITY. JUST A QUESTION AROUND THAT CHURCH ACTIVITY. IS THERE ANY PLANS FOR TRAFFIC CONTROL TRAFFIC LIGHTS IN AND OUT OF THAT STRETCH? THERE ARE SOME IN THE ENTIRE PARK DEVELOPMENT. I CAN'T REMEMBER EXACTLY WHICH ONES ARE SIGNALIZED. I DO KNOW THERE IS A SIGNAL RIGHT RIGHT NOW AT BAILEY STATION, SO IT'LL FEED IN THERE EVENTUALLY. THERE'S GOING TO BE ANOTHER SIGNAL AT SHEA ROAD AT SOME POINT. YOU TWO, DO YOU REMEMBER OR HAS ALREADY GONE HOME? THERE'S THERE'S ANOTHER SIGNAL UP THERE SOMEWHERE THAT'S SUPPOSED TO HAPPEN, BUT I CAN SEND YOU THAT INFORMATION SEPARATELY. ANY OTHER QUESTIONS? ALL RIGHT. SO

[10 Other Business]

THEY'VE THEY'VE APPLIED FOR A VERY LARGE OUTDOOR EVENT, A CARNIVAL LIKE A STATE FAIR LEVEL CARNIVAL THAT WOULD BE IN MAY, SO THAT THAT CONDITIONAL USE PERMIT WOULD BE ON YOUR AGENDA. HIDDEN CREEK, THEY'RE TRYING TO MERGE A COUPLE LOTS TOGETHER. SO THERE'S AN EASEMENT VACATION REQUEST YOU MIGHT SEE. YOU WON'T SEE THE ORDINANCE THAT YOU JUST RECOMMENDED, SINCE YOU SENT THAT ON TO THE BMA, AND GW MIGHT COME BACK TO YOU. YOU MAY REMEMBER THEY WERE ASKING ABOUT A SOLAR FARM AND BATTERY STORAGE, BUT THEY MAY COME BACK AND PEEL BACK AND NOT DO THE SOLAR FARM. BUT THEY MAY ASK JUST FOR BATTERY STORAGE AT THE EXISTING SUBSTATION ON WINCHESTER. SO YOU MAY SEE A QUESTION RELATED TO THAT OR CONDITIONAL USE PERMIT. AND AS FAR AS MAY, WE DON'T HAVE ANY CASES QUITE YET. AND JUST TO REPEAT SOMETHING I'VE ALREADY SHARED ABOUT THE CHARETTE WEEK FOR THE COMPREHENSIVE PLAN MAY 12TH, MAY 13TH AND MAY 14TH. THOSE WOULD BE REALLY IMPORTANT. DAYS FOR THE PLAN WILL BE RELEASING A SCHEDULE SOON, BUT THERE WILL BE OCTOBER OPPORTUNITIES DURING THE DAY TO COME AND CHECK IN ON WHAT'S GOING ON AND THEN MEETINGS, AND AT NIGHT WE'LL REPORT ON THE ACTIVITY. BUT BY THE END OF THAT WEEK, WE SHOULD HAVE A A PRETTY GOOD DRAFT OF A FUTURE LAND USE MAP AND EVEN A NEW MAJOR ROAD PLAN. BY THE END OF THAT WEEK, A DRAFT. AND JUST DON'T DON'T FORGET ABOUT YOUR TRAINING. THERE'S A MEMO IN FRONT OF YOU WITH SOME OPPORTUNITIES. THAT'S ALL I'VE GOT.

* This transcript was compiled from uncorrected Closed Captioning.