2024-10-17 · City Council · Transcript · Planning Commission

--- title: Planning Commission date: 2024-10-17 source: 2024-10-17_Planning_Commission.wav --- [0:00:00, 0:00:00]: To my right. [0:00:01, 0:00:03]: David Play and Sean to my far left. [0:00:04, 0:00:08]: Jaden Williams to my far right. Matthew Thomas to my [0:00:09, 0:00:12]: Next it must planch on to my far far left. [0:00:14, 0:00:18]: And Mr. Mitten, who's the Vice Chair to my immediate left. [0:00:20, 0:00:24]: The staff members are Ryan Anderson, who's the community development director. [0:00:25, 0:00:27]: Valerie Ross said it's only an attorney. [0:00:28, 0:00:29]: Kidra Jackson, chief planner. [0:00:30, 0:00:34]: Linda Logan, senior planner and planner commission secretary. [0:00:36, 0:00:38]: Gordon Linton, senior planner. [0:00:41, 0:00:45]: There are a few protocols that I need to make you aware of before we start the meeting. [0:00:46, 0:00:49]: Please listen closely on how tonight's meeting will be conducted. [0:00:52, 0:00:56]: Keep your comments and presentations on a professional level. [0:00:56, 0:01:00]: Dealing with facts that are important for this commission to make its decision. [0:01:01, 0:01:04]: We will not accept any comments that are considered [0:01:05, 0:01:10]: by the chair to be a personal attack on any individual or group of individuals. [0:01:11, 0:01:14]: You'll receive a warning from the chair if you deviate from this requirement. [0:01:15, 0:01:21]: A second deviation will result in the request for you to leave the meeting and the premises for the evening. [0:01:23, 0:01:36]: Refrain from any applause or comments from the audience. Only one person will be talking at a time and all comments will be made at the podium after the speaker has been recognized by the chair. [0:01:37, 0:01:42]: Please direct all comments to the chair and the commission, not to the audience or staff. [0:01:45, 0:01:46]: Please didn't ask. [0:01:46, 0:01:56]: applaud or react to speakers, speak from the audience, cheer or carry on a conversation with others in the audience, or disrupt the order of this meeting in any way. [0:01:59, 0:02:11]: Be aware that these things these hearings are not a debate or an opportunity to ask questions which must be answered by any individual tonight, but merely an opportunity to present information to the Commission. [0:02:12, 0:02:16]: About ten minutes allotted for the pro side of the application. [0:02:17, 0:02:20]: Other than the applicant, no person may speak longer than five minutes. [0:02:23, 0:02:27]: If you have a cell phone or other electronic device [0:02:27, 0:02:29]: I ask that you either power them off. [0:02:30, 0:02:32]: Or put them in solid mode. [0:02:33, 0:02:44]: If anyone wishes to speak tonight, please fill out a speaker's form, which is available on the table up front, and hand it to a staff member before approaching the podium. [0:02:46, 0:02:59]: After each case is called, we'll hear next from the city staff and then we'll hear from the applicant or their representative about what the plans are for the property, along with any other relevant information they wish to present. [0:03:01, 0:03:05]: The commissioner members will be free to ask questions at any time before [0:03:06, 0:03:07]: To vote on a project. [0:03:07, 0:03:16]: Following the applicant, anyone who wish to speak for or against the project or just to ask questions will have the opportunity to do so. [0:03:17, 0:03:25]: Each side is restricted to a maximum of ten minutes, or time may be waived at the discretion of the presiding officer. [0:03:26, 0:03:29]: If questions are raised, we may ask the applicant to speak again. [0:03:31, 0:03:34]: Afterwards we will call for a motion and a second. [0:03:35, 0:03:42]: Have any necessary discussion, and if the matter is not tabled, we will vote to recommend approval or denial of the application. [0:03:43, 0:03:46]: This commission is on a a recommending body. [0:03:47, 0:03:49]: The item will be heard by the mayor and council. [0:03:50, 0:03:52]: whether we recommend approval or recommend denial. [0:03:54, 0:04:01]: Unless they are tabled, these items will be heard by the city manager and the council at their meeting on Monday, october fourteenth. [0:04:03, 0:04:07]: I think that's the misprint. And the items will be voted upon at that meeting. [0:04:09, 0:04:11]: Madam Chair, I need a roll call, please. [0:04:17, 0:04:23]: Madam Secretary. I'm following the agenda, please. Roll call. [0:04:25, 0:04:26]: Excuse me? [0:04:26, 0:04:31]: D I'm following the agenda I was presented and item number one says roll call. [0:04:31, 0:04:33]: Okay, Stanley Dumas. [0:04:33, 0:04:34]: He present. [0:04:35, 0:04:36]: Anthony Minton? Present. [0:04:37, 0:04:39]: Harold Thibodeau? President. [0:04:40, 0:04:41]: David Planchon. [0:04:41, 0:04:42]: Present. [0:04:43, 0:04:47]: Jaden Williams. Present. Matthew Thomas? Present. [0:04:47, 0:04:49]: Mr. Chairman, we have a quorum tonight. [0:04:49, 0:04:50]: Thank you. [0:04:52, 0:04:57]: Thank you, Madam Secretary. Mr. Tibodeau, would you lead us in the implication, please? [0:04:58, 0:05:04]: Uh let's bow our head. God the Father, through Jesus Christ, give us the wisdom and the understanding. [0:05:04, 0:05:09]: to say and do the right thing towards the citizens of Stockbridge. In Jesus' name, amen. [0:05:10, 0:05:12]: Man, let us stand for the pledge. [0:05:17, 0:05:30]: A pledge of allegiance to the plan of the United States of America and to the Republic of which is just one nation under God indivisible with liberty and just as well. [0:05:40, 0:05:43]: Thank you very much. I need a motion please to adopt the agenda. [0:05:43, 0:05:47]: Chair. Yes. I have a quick question about the agenda, if I may. [0:05:48, 0:05:48]: Go right ahead, sir. [0:05:49, 0:05:55]: Uh item number three under new business, the board training, would that be before after we adjourn the meeting? [0:05:56, 0:05:58]: Item number three. [0:05:59, 0:06:02]: That's the question for staff. I don't have the answer to that. [0:06:04, 0:06:13]: It's Mr Anderson. Is that present? Is it for board the Planning Commission board training? Is that for the public as well to listen in or are we gonna adjourn and then [0:06:15, 0:06:18]: Uh no, it's not a public hearing, it's just for the board members. [0:06:19, 0:06:20]: Okay so [0:06:29, 0:06:32]: Okay, thank you. Uh Chair, I'm making a motion to adopt the agenda. [0:06:33, 0:06:49]: Thank you, sir. Any second, please? I second it. It's been moved. Second it. Mr. Williams has made a motion to adopt the agenda. Mr. Pivotal has seconded. All in favor, let it be known by the sound of aye. Aye. Any opposed? Ayes have it. [0:06:50, 0:06:51]: The agenda is adopted. [0:06:53, 0:06:57]: You have before you the minutes from the September nineteenth [0:06:58, 0:06:59]: Plan a commission meeting. [0:07:00, 0:07:04]: You have not already done so, I'll give you a minute to peruse those. [0:07:06, 0:07:08]: For any necessary corrections? [0:07:17, 0:07:20]: If there are no corrections, I need a motion to approve, please. [0:07:20, 0:07:25]: Mr. Chairman, Anthony Mitten makes the motion to approve the summary minutes. Second. [0:07:26, 0:07:30]: It's been moved by Mr. Mitten and seconded by Mr. Thomas. [0:07:30, 0:07:40]: That we approve the minutes of the September nineteenth, twenty twenty four Planning Commission meeting. All those in favor, let it be known by the sound of I please. Aye. Okay. Any opposed? [0:07:41, 0:07:42]: Yeah. [0:07:42, 0:07:44]: The eyes have it. The minutes are approved. [0:08:00, 0:08:07]: The first item on tonight's agenda is special use case, special use permit case. [0:08:08, 0:08:11]: S P. E. dash twenty twenty four dash zero two. [0:08:13, 0:08:19]: Special m special use permit case to be located in council district four. [0:08:23, 0:08:27]: We held above public hearing on this case on September nineteenth. [0:08:29, 0:08:35]: So consideration of a special use permit request to allow for a liquor store. [0:08:36, 0:08:38]: On property at one o six Rock Quarry Road. [0:08:39, 0:08:44]: The applicant is G R P L C agent is [0:08:45, 0:08:47]: Kukishimar Patel. [0:08:49, 0:08:57]: The property is located in landlot sixty-two of district twelve and it contains point eight nine acres more or less. [0:08:58, 0:09:00]: Mr. Linton, please. [0:09:19, 0:09:20]: Second Mr. Zooman. [0:09:23, 0:09:31]: Uh let me read into the record that the Planning Commission members were scheduled to vote on this case on September nineteenth, twenty twenty four. [0:09:31, 0:09:40]: However, due to absence, the note um the vote was postponed and the meeting was diverted today's meeting. So now all we have to do is vote. [0:09:41, 0:09:41]: Thank you, sir. [0:09:44, 0:09:50]: Madam Attorney, do we all need to vote again or do it does the uh only the absence? [0:09:50, 0:09:52]: Uh Commission Mimani to vote. [0:09:53, 0:09:58]: So it's going to be a motion again tonight. So someone needs to make a motion. [0:10:04, 0:10:06]: So all of us need to work in. [0:10:21, 0:10:24]: Okay. Very good. I need a motion from the commission, please. [0:10:25, 0:10:40]: Chair. Yes sir. Sorry, before we make a motion. Um if possible, Gordon, could you tell us what exactly are the uh special requests or special use permits that they're requesting exactly from the city? [0:10:44, 0:11:01]: So the special use permit, this is for the uh liquor store um for one oh six Rock Croy Road that was heard on September nineteenth. Um as you know the applicant they won the uh lottery application and once they won the lottery application they had to go through a um special use permit. [0:11:04, 0:11:06]: Mr. Gordon, I have a question. Uh [0:11:07, 0:11:09]: Go ready? [0:11:09, 0:11:12]: Uh I need to ask a question. Um [0:11:13, 0:11:16]: You said this is a lottery. Who who issues the lottery? [0:11:17, 0:11:36]: Uh so the city they is they had like a um the lottery permit that was held on I believe around June. Um and the applicant Mr. Patel won and once he won they had to go through he had to go through the uh special use permit. Now you're saying the city issues the lottery? [0:11:36, 0:11:45]: Yeah. Okay. Does the patron live in the city of Stockbridge? But a liquor store? Does does that individual live in the city? [0:11:46, 0:11:46]: No. [0:11:47, 0:11:48]: Repeat that again one more time. [0:11:50, 0:11:52]: A patron who wants the liquor store. [0:11:52, 0:11:55]: Mm-hmm. Do they live into live in the city or the county? [0:11:56, 0:11:58]: In the c in the city. Okay. [0:11:58, 0:11:59]: Yeah, that's all. [0:12:04, 0:12:06]: Are there any more questions for Mr Linton? [0:12:08, 0:12:11]: Not I need a motion pleased from the commission. [0:12:12, 0:12:13]: Yeah. [0:12:14, 0:12:19]: Mr. Chairman, this Dave Planchin, I'll second that. Or did you make a motion? I'm sorry. [0:12:19, 0:12:21]: I'm asking for a motion. [0:12:23, 0:12:37]: I'm sorry, I'm the attorney for the business, Lisa Morshower. I was here last time. Am I understand I had to run out to my car to get my book, so so I I'm sorry I didn't hear what you said at the very beginning. But are you are we not having the entire hearing again? [0:12:37, 0:12:49]: Because somebody was missing and how can that person vote if we do not have the entire hearing again? Let me defer to the attorney, please. Again, would you make uh make her comfortable with what's going on? [0:12:50, 0:13:10]: Again, the motion was to continue this public hearing to this date to be able to have a full board tonight for the vote. Now, the public hearing, and Linda, you may want to uh tell me from the minutes. I don't believe the public hearing was closed. I believe the entire [0:13:10, 0:13:21]: matter was continued to tonight. So we would have to just see if the public hearing was closed. If it was closed, then there could be a motion to open the public hearing again. [0:13:23, 0:13:25]: [811.1, 812.9]: Any comments, Madam Secretary? [0:13:37, 0:13:41]: It's my recollection that the public hearing was closed last time. [0:13:44, 0:13:48]: Yeah, I would love for Miss Logan to verify that, but [0:13:51, 0:13:55]: Uh Madam Chair uh I mean Mr Chair, may I speak? [0:13:55, 0:13:56]: Go right ahead, sir. [0:13:56, 0:14:03]: Uh at the time we only had one person in opposition of that at that time. That's true, sir. [0:14:04, 0:14:11]: Well that is not correct. Well, correct me, sir, because I was at the meeting and I only seen one person come up to the podium at that time. [0:14:12, 0:14:20]: You mean one person from the public? Yes. No, from the public is what I'm referring to, okay? You are correct, sir. All right, thank you. [0:14:23, 0:14:33]: Um I can read part of the minutes from the meeting. Um and it says Harold Thibodeau made a motion to approve SP twenty twenty-four oh two. [0:14:33, 0:14:44]: And Jaden Williams seconded the motion. A vote was taken. Harold Thibodeau and Jaden Williams voted to approve this case, while Anthony Minton and Matthew Thomas voted to oppose this case. [0:14:44, 0:14:53]: Um that's not what I'm asking for, ma uh madam secretary. What I'm asking you to rewind back before that vote was taken, did we close the public hearing? [0:14:54, 0:14:56]: I'm I'm hope to [0:14:58, 0:15:16]: Get get to the that. So then Chairman Dan Stanley Dumas was about to cast a tie breaking vote to not deny this case. But Valerie Ross City's owning attorney said planning commission's bylaws allowed the case to be continued to Planning Commission's next meeting in order to take a note another vote with a full six member board. [0:15:16, 0:15:17]: Present. [0:15:18, 0:15:22]: This case can be continued to the next planning commission meeting since there was a split vote with [0:15:22, 0:15:24]: One member, David Planchon. [0:15:24, 0:15:26]: Uh out tonight. [0:15:26, 0:15:46]: But Ms. Ross said the city council may still take action on this case before then the applicant's attorney agreed with deferring SP twenty twenty four until next planning commission meeting on October seventeen, twenty-four. I don't have any notes which said that public hearing was was a closed, but um [0:15:46, 0:15:49]: It the board action did come after [0:15:49, 0:15:59]: the public hearing. We had a public hearing in which only one person spoke, then there were board comments and staff responses, and then after that the board action. [0:16:02, 0:16:08]: The board would not have commented and taken action until the public hearing was closed. [0:16:08, 0:16:08]: Sure. [0:16:09, 0:16:29]: If I may, I I'm kinda rem go ahead, sir. Thank you, sir. If I may, um I actually remember now. So we did the vote. We did the public hearing. You opened, you closed it. We did the vote. Um the representation of the applicant uh I guess acute you know, appealed our vote by saying they wanna object it and move it to the next meeting. And I believe that's what we did. Um [0:16:29, 0:16:40]: Um she brought it back to the next meeting. If I'm not mistaken, that's the vote we decided on. We did vote. We closed the hearing and then she wanted to bring it back. So is that correct? [0:16:41, 0:16:48]: Thank you, Mr Williams. Mr madam Attorney, uh I need directions from you. What do we do next? [0:16:50, 0:17:10]: It's up to the pleasure of this board. If the board wants to reopen this matter by motion to have the public hearing or to re-reopen the public hearing, this board can do that. If the minutes or from what you all are saying are correct, the public hearing was closed and it was deferred. [0:17:10, 0:17:27]: To this meeting for a vote. So if you all want to reopen the public hearing, that would have to be by motion and a vote so that the public hearing can be reopened again. And then you would hear that for and against, and then you would close the public hearing again and then vote again. [0:17:29, 0:17:30]: So it sounds like [0:17:34, 0:17:43]: I actually object if you have a vote without the fi the fifth person hearing the case. How in the world can this person who didn't see the case or hear it vote? [0:17:44, 0:17:46]: That wouldn't that was not the purpose of my deferral. [0:17:47, 0:17:55]: My understanding was that we would have a whole new hearing because one of the members was missing. I didn't understand that we were going to have a vote without having a hearing. [0:17:56, 0:17:57]: That was never what I intended. [0:17:58, 0:18:18]: And I would respectfully request you to have the hearing again because I don't think it's fair to ask some somebody to vote on a hearing that they have not even heard, nor is it fair to the applicant who I represent. And I I do object to it. I s I don't think your rules allow for that. I don't think you can have somebody vote on a hearing that they were not present at. So there would have [0:18:17, 0:18:20]: been no purpose to defer it and I just I mean [0:18:21, 0:18:29]: I came from Atlanta two and a half hours to come to this hearing to present this case again so that the person who wasn't here could hear it. [0:18:29, 0:18:31]: Otherwise there would have been no [0:18:31, 0:18:51]: purpose at all for me to come for us to be here because the person voting has to hear the the case. It doesn't make any sense and and due respect. It just does not make sense. How could this person make a valid decision? Are you asking us to respond or are you gonna just continue to talk about the I'm just trying to get my objections out for the record because I do [0:18:51, 0:19:08]: And we're loud and clear. Thank you. And I would not assume because these meetings are recorded, I would not assume that Mr. Planchon has not heard the case from last meeting. That may be correct, it may not be correct. [0:19:08, 0:19:15]: But my concern is if we op reopen the public hearing and we haven't notified the public. [0:19:15, 0:19:21]: The public doesn't have an opportunity to weigh in. That's that's my only concern. [0:19:50, 0:19:51]: If you want. [0:19:51, 0:20:05]: do a motion to reopen a public hearing because it the law is very clear. You do not have, because there would be too burdensome on local governments to have to constantly advertise for the same public hearing. [0:20:05, 0:20:10]: So the courts look at it as just one continuous hearing and [0:20:17, 0:20:37]: Thank you for clarification. I need a motion to reopen the hearing. Chair. Yes, sir. I'd actually like um if it's okay with the board, uh again, just going back off the sentiments that you said, we really didn't push it back for the community to hear. I'd actually like to make a motion, um, if it's okay with our absent member from the last meeting to make a motion that the commission [0:20:37, 0:20:42]: votes make motion to vote rather than reopen the hearing. [0:20:44, 0:20:52]: May I speak, Mr. Chair? Go right ahead, sir. I I think it's only fair for her to present her case to the member that wasn't here. [0:20:53, 0:21:13]: I don't think it it it'll hinder our time frame, but uh she has a point about presenting her case. I mean, how do you establish the fact that uh we all gonna be on one accord if she doesn't state her case to the last member that was a motion? [0:21:13, 0:21:16]: Motion, sir. If that's what your opinion is, make the motion. [0:21:18, 0:21:24]: I'd like to present a motion that we reopen. Chair, I've already made a motion, so you'd have to go. Well, I'll second it then. [0:21:25, 0:21:45]: You're not making the motion that he made. No, I'm not sure. So he's saying vote. I'm I'm I'm saying not vote. Give her a chance to second his motion, you're saying right to vote. You're saying not to reopen it. I'm saying so uh Commissioner, I'm saying not to reopen the case. Exactly. And he's saying [0:21:45, 0:21:52]: Second it, but with his dialogue said that we should reopen. Correct. So it's confusing to me. Okay, let me establish this with you. [0:21:53, 0:22:08]: I just need a second on Mr. Williams' motion. Well I'm not gonna second. I I'll retract my second. Maybe someone else will. Mr. Thomas second it? Yes. All those in favor of not reopening the case, let it be known by the sound of aye. Aye. Aye. [0:22:10, 0:22:13]: And you gotta know here. Let me have a show of hands, please. [0:22:15, 0:22:16]: Three against reopening. [0:22:18, 0:22:19]: Anybody your poles? [0:22:20, 0:22:21]: Post. [0:22:21, 0:22:23]: Two appules for [0:22:27, 0:22:29]: So we will not reopen the case. [0:22:30, 0:22:32]: Alex, I took vote on [0:22:34, 0:22:40]: the substance of this hearing which is your recommendation to [0:22:45, 0:22:52]: Okay. Right. Very good. Thank you. Mr. Chairman, who seconded the motion, please? [0:22:53, 0:22:55]: Mr. Thomas. [0:23:01, 0:23:12]: Chair. Now I go right ahead, sir. Go ahead. I need a motion from the commission on the substance of the case, SP twenty twenty four-zero two. [0:23:14, 0:23:22]: Chair. Consideration of a special use request to allow for a liquor store on the property at one o six Rock Halloween Road. [0:23:23, 0:23:26]: The applicant is G R P L L C [0:23:27, 0:23:28]: I Chen is [0:23:29, 0:23:40]: Gersh Kuma Patel, the property is located in landlot sixty two, District twelve, and it contains point eight nine acres more or less. I need a vote a motion, please. [0:23:41, 0:23:46]: Mr. Chairman, this is Dave Planchon. I'd like to make a motion we approve. [0:23:47, 0:23:55]: The special use permit submitted by uh uh GRP L L C and allow liquor store to be [0:23:57, 0:23:58]: Put on that property. [0:23:59, 0:24:02]: Is there a second, please? Ms. Harrow, I'll second it. [0:24:02, 0:24:07]: Thank you. It's been moved by Mr. Planchon and seconded by Mr. Thibodeau. [0:24:09, 0:24:17]: That we approve special use permit case SP 2024-02. All in favor? Let it be known by show of hands. [0:24:19, 0:24:28]: Aye. Aye. Aye. We have uh f four voting y in their polls. [0:24:28, 0:24:28]: Aye. [0:24:30, 0:24:33]: We have one, Mr. Thomas voting in opposition. [0:24:37, 0:24:43]: So the special use permit case is being approved for recommendation to the council. [0:24:51, 0:24:52]: Thank you, ma'am. [0:24:56, 0:25:00]: The next item is text amendment case T X twenty twenty four dash zero six. [0:25:02, 0:25:15]: So citywide consideration of an ordinance ordinance to amend title twelve of Unified Development Code, Section 3.2.14C. [0:25:16, 0:25:27]: And to add sections three point two point one four E, F, G, H, I, J, K, L, M, N, O, N P. [0:25:28, 0:25:30]: of the Code of Ordnance. [0:25:31, 0:25:35]: City of Stockbridge, Georgia relating to convenience stores. [0:25:35, 0:25:37]: Almobile gasoline sales. [0:25:38, 0:25:41]: So as to amend the distance requirement. [0:25:42, 0:25:43]: From forty five hundred feet. [0:25:45, 0:25:46]: To eight hundred feet. [0:25:47, 0:25:51]: And to add additional requirements. Mr. Linton, please. [0:25:54, 0:26:00]: Thank you, Chair. Uh this is the presentation for the TX twenty-four-zero six. [0:26:09, 0:26:28]: And the purpose is to amend the distance requirements for gas stations with convenience stores from forty five hundred feet to eight hundred feet, which is section three point two one four C, and to add additional requirements for convenience stores with gas stations from sections three point two one four E through Q. [0:26:31, 0:26:51]: And this is the background for the reason we we wanted this. In in the past, staff has received inquiries about establishing convenience stores with gas stations in the city of Stockbridge. However, the current required distance of 4,500 feet found in section 3.2144C is too restrictive by [0:26:51, 0:26:52]: Potential developers. [0:26:54, 0:26:59]: Who argue that it limits the feasibility of establishing new convenience stores for gas stations in the area? [0:27:02, 0:27:13]: Currently this is the uh gas station map. We currently have twenty one in the area, as you can see with the dots. And the one uh faded in blue is the city boundary limits. [0:27:19, 0:27:25]: These are the current standards found in section three point two one four of the UDC, which is shown highlighted in C. [0:27:30, 0:27:48]: And these are the changes that were made to section three point one four C of the Stockbridge Unified Development Code, where it says that gasoline service stations shall maintain a separation distance requirement of eight hundred feet. This distance shall be measured from the property line to property line of another gasoline service station. [0:27:50, 0:28:10]: And these are the requirements that will be added to section 3.214 of the UDC. Uh the gas station must be located on a property which has frontage on either a collector or our tiller road, as is classified by the Georgia Department of Transportation or the Henry County Department of Transportation. The property must have a base zoning of C3. [0:28:10, 0:28:30]: and C2 via a special use permit. All property design standards of the base zoning district must be met. The building facades for both primary and accessory structures must be constructed of bricks on all sides. At the gasoline stations an equal number of electric charging stations as gas pumps [0:28:30, 0:28:46]: must be provided on the sites and covered canopies must be provided over the gas pumps and electric charging stations. And acceptable means of app access and internal circulations must be provided to be determined by the fire marshal. The required number of parking spaces must be provided. [0:28:48, 0:29:08]: The required buffers must be required and other special requirements to be determined by the community development director. The investment must be eight million dollars or more. The gas station must have suites for at least two subtenance. And as far as proliferation, there there shall be no more than three gasoline stations with a one mile radius to avoid proliferation. [0:29:08, 0:29:12]: proliferation and all gas stations must meet the other causal ordinances. [0:29:14, 0:29:17]: And this is the draft of the ordinance once it's is written. [0:29:21, 0:29:37]: And based on the research, staff recommends approval. And by reducing the current distance requirement for the convenience store with a gas station from forty five hundred to feet to eight hundred feet, it will make it easier for developers to pursue new development and interest in the city of Stockbridge. [0:29:39, 0:29:50]: Thank you, Mr. Lynn. I have a couple of questions for you, please. For clarification, the distance, the feet distance that you refer to. [0:29:51, 0:29:57]: It's not clear in in your narrative, but that's the distance between one gas station to another one. Is that correct? [0:29:59, 0:30:03]: Yes. Property line. Yes, from a property line to property line. Yes. [0:30:03, 0:30:06]: But but it's between two gas stations. [0:30:07, 0:30:07]: Yeah. [0:30:08, 0:30:09]: Well that wasn't clear to be fun. [0:30:10, 0:30:30]: The second question in number F, you said the property must have a base zoning district of C three and C two? Yes. That should be or or not in. Uh uh am I reading that or just understanding it incorrectly? Yeah, this uh so gasoline station they're either permitted in a C three or C two. [0:30:29, 0:30:32]: [1834.4, 1841.5]: So that should be or instead of and then shouldn't it? Uh or yes, it should be or it should be or it should be or. Thank you. [0:30:42, 0:30:45]: The other question I have the number N is [0:30:46, 0:30:49]: How did you arrive at the eight million dollar investment? [0:30:51, 0:30:54]: Uh let's see. [0:30:56, 0:31:15]: So Mr. Chairman, if I might ask on that question as well. Is that Gordon, is that driven by the eight million dollars that uh Chairman Newvis just asked? Is that driven, for instance, by the electrical charging stations? Because that's a very expensive investment. Right is that part of this eight million dollar figure? [0:31:15, 0:31:16]: Uh [0:31:19, 0:31:20]: Hold on, just [0:31:25, 0:31:28]: I apologize, Vice Chair. Can you please repeat your question? [0:31:29, 0:31:44]: So I just wanted to to to kind of build on Chairman Doumas' comment here, where he was asking an item in where we came up with that eight million dollars. Is that tied to, for instance, the number of electrical charging stations? Since that is a pretty costly investment. [0:31:45, 0:32:05]: Right. Right. So yes, the investment itself can be tied to the electrical charging stations. However, keep in mind that these are conditions that staff has implemented. You do not have to accept these conditions. You can modify them or you can um exclude them from the conditions. [0:32:05, 0:32:10]: But yes, it would include the investment of charging stations. [0:32:10, 0:32:16]: I'm not attempting to modify I just want understanding as how you arrived at eight million dollars. [0:32:17, 0:32:30]: Correct. Um so there were uh many conversations that went into this, some that I'm not privy to. Um however this is one of the um results of those conversations. [0:32:32, 0:32:45]: It's I never seen a dollar figure being associated with a zoning before. I it's just it kinda make me uncomfortable, but I I trust the staff and what you tell me. [0:32:46, 0:32:57]: I certainly understand. And if this is something that makes you uncomfortable, again, you do not have to go with this condition. You do have the right to remove, modify, or amend. [0:33:02, 0:33:06]: Well, you guys are in a much better position to know what's appropriate. [0:33:07, 0:33:10]: Uh I would not try to tell you how to [0:33:10, 0:33:11]: Conduct your business. [0:33:11, 0:33:14]: I just asked the question as to how you arrived at. [0:33:15, 0:33:19]: That that's all I'm I'm not saying it's incorrect. I'm not saying it shouldn't be there. [0:33:19, 0:33:24]: I'm so I'm not saying it should be less, I'm not saying it should be more. I just wanna understand. [0:33:25, 0:33:28]: Because it's it's new to me. I I'm I've never seen [0:33:29, 0:33:37]: And I don't like that inner zoning orders or special use permit or any type of zoning issue that we've had to entertain. [0:33:38, 0:33:46]: Definitely. Your observation is definitely respected. Um, unfortunately I do not have the full details of how this amount came about. [0:33:46, 0:33:47]: Thank you. [0:33:52, 0:33:54]: This doesn't require public hearing. [0:33:55, 0:33:57]: Madam Atorn, is that correct? [0:34:01, 0:34:03]: Okay. [0:34:03, 0:34:04]: Okay. [0:34:06, 0:34:13]: Well this meeting is now open for public comment. Chair does the board ask questions before or after the hearing? [0:34:14, 0:34:17]: You can ask your question now if you want to go out of here. [0:34:17, 0:34:28]: Thank you, Chair. Um, I just had a few questions for staff. Um, how many I know you put the map up, but I wanted to get the number. How many gas stations do we actually have in the city? [0:34:28, 0:34:45]: Twenty one in the city limits. Okay, and I know that's just the city, but do you know by chance how many we have that are in the city but are developed by the county? We do not have that number as far as countywide. We just have the numbers that far as in the city boundaries. Okay. Uh city limits. [0:34:47, 0:34:49]: All right. So [0:34:50, 0:35:10]: I w I kinda wanna get a justification on why we we want to move it from forty five hundred to eight hundred feet, only because just going based off the general US rule of thumb, with our population of what, thirty six thousand people, we really only need for a feasible operating gas station line, you only need twelve to eighteen, if I'm doing my math correct. So [0:35:10, 0:35:15]: So what what's the actual reasoning of us reducing this for more gas stations in the city? [0:35:28, 0:35:30]: You want to answer. [0:35:36, 0:35:38]: Thank you, Commissioner Williams. Um [0:35:40, 0:35:45]: Many things went into consideration in creating this Test Amendment. One is um [0:35:45, 0:35:47]: Our population. [0:35:47, 0:35:55]: Um, the second is that we've had several inquiries for a gas station. Um and we [0:35:56, 0:35:57]: Based on the [0:35:58, 0:36:18]: uh regulations in the code, it will prevent um those developers that are coming before us to move forward with the gas station. So we wanted to relax the code to allow um equal opportunity to those that have come to us in the past and and to the future. [0:36:20, 0:36:21]: Okay. Um [0:36:22, 0:36:33]: Thank you for that. I just have a so quick question, I know you probably know it by heart, but what's the square feet distance that we have to have for our hair salons and barbershops in the city? [0:36:34, 0:36:53]: But b between one another. So there is not a distance requirement with hair salines barbershops. What we have is a limit to of the number of those uses that are allowed in the city. What's that limit? Six. Six. Okay. Um I had another question that literally just passed my mind. [0:36:55, 0:36:58]: I'd like to add something too. Don't worry about it. Go ahead. [0:36:59, 0:37:12]: Uh Commissioner Williams, I apologize. Let me make a correction to my last statement. So no less than a mall in regards to barber shops, hair salons, nail shops. [0:37:13, 0:37:14]: Are there others? [0:37:14, 0:37:34]: And tower shops. Okay. I'm fine with it. I just have I again just like the chair said, I trust staff. I just want to make sure, you know, we're playing every single part. I I don't really feel comfortable voting on this without knowing how many this this county have put in the city limits. Although y'all have the number for the city, you know, you still have those. [0:37:34, 0:37:41]: next parts that are around the city that the county brings in. So I really wanna get that number on top of the twenty one that we have in the city. [0:37:44, 0:37:48]: We can certainly get that information for you. We just do not have it tonight. [0:37:50, 0:37:53]: Thank you. Any other comments from the Commission? [0:37:56, 0:37:57]: Questions or comments? [0:38:02, 0:38:06]: Hearing none, we will open the floor up for public comments. [0:38:07, 0:38:10]: If there's anyone present who would like to speak. [0:38:10, 0:38:12]: On this text amendment case. [0:38:12, 0:38:15]: Either in favor of or against [0:38:44, 0:38:46]: The green light is on. [0:38:46, 0:38:48]: Is your microphone turned on? [0:39:05, 0:39:25]: might be a little bit more but eight million is a lot of money for a gas station operator to invest. I just wanted to point that out so that you understood the finances of it. It's a lot. So I don't know that you'll have anybody build maybe a racetrack right but you may not have any small operators who actually live in your [0:39:25, 0:39:29]: community or one local businesses do that because eight million is a lot of [0:39:32, 0:39:33]: Thank you so much. [0:39:36, 0:39:49]: Anyone else? Madam Secretary, did you get uh for the record you have her name already on the previous case? Did you need her to state that again? [0:39:50, 0:39:52]: I may state it for the record, yes. [0:39:57, 0:39:59]: Name and address, please. [0:40:08, 0:40:09]: That read it. [0:40:12, 0:40:14]: And to three oh three and five. [0:40:14, 0:40:22]: And I just stated it as an attorney who represents a lot of community source and gas station members. Thank you. Thank you. [0:40:23, 0:40:24]: It wasn't all right. [0:40:25, 0:40:30]: Should I say it again? Did you get you heard me, right? Thank you. [0:40:33, 0:40:35]: Anyone else? [0:40:36, 0:40:39]: Hearing none, the public hearings now closed. [0:40:43, 0:40:46]: Any more comments from the commission before we vote? [0:40:54, 0:40:56]: I need a motion please from the commission. [0:40:57, 0:41:04]: Chairman. Yes, sir. I make a motion sorry, give me one moment. I make a motion to [0:41:05, 0:41:09]: Uh deny text amendment case t x dash two hundred twenty four dash oh six. [0:41:10, 0:41:11]: Is there a second? [0:41:14, 0:41:25]: Mr. Chairman, I second the motion. It's been moved by Mr. Williams, seconded by Mr. Mitten, that we deny text amendment case TX 2024-06. [0:41:25, 0:41:30]: All in favor, please. Let it be known by the sound of I. Aye. Aye. [0:41:31, 0:41:31]: Nay. [0:41:32, 0:41:35]: Uh in the call for the opposition yet. [0:41:35, 0:41:47]: Let me see a show of hands, because I can't hear everybody. Aye. Aye. All in favor? Mr. Chairman, was this to accept the the No sir. It was to deny. The motion was to deny. [0:41:47, 0:41:47]: Okay. [0:41:48, 0:42:03]: Mr. Minton and Mr. Williams voted nay. Um voted yay to deny. Uh any opposed to that motion, let me see your hand, please. Mr. Plashon, Mr. Thomas, Mr. Thibodeau vote. [0:42:04, 0:42:07]: Nay. So the motion fails. [0:42:18, 0:42:21]: So you need a new motion. I need a new motion, please. [0:42:24, 0:42:26]: I'm sorry, go ahead. A new motion. [0:42:28, 0:42:30]: I need a new motion from the commission, please. [0:42:40, 0:42:42]: Will someone kindly make a motion? [0:42:44, 0:42:46]: Other than tonight, please [0:42:47, 0:42:53]: I'd like to present a motion that we uh the text amendment case [0:42:55, 0:42:56]: That we approve it. [0:42:59, 0:43:01]: Is there a second? A second. [0:43:02, 0:43:22]: Mr. Thibodeau has moved to approve the text amendment case 2024-06. Mr. Thomas. Second that motion. All in favor, let it be known by a show of hands. And aye. Aye. Aye. Mr. Thomas, Mr. [0:43:22, 0:43:37]: Planchon, Mr. Thibodeau votes yay to approve. Are there any opposition? Nay. Mr. Williams and Mr. Mitten vote nay to approve. So the motion passes. [0:43:40, 0:43:40]: Thank you, Bull. [0:43:52, 0:44:12]: Next item is text amendment case TX 24-07. Citywide, it's consideration of an ordinance to repeal title 12, section 2.4.7, 2.5.3 F 3.1, 3.2, F. [0:44:12, 0:44:16]: two point two four and fifteen. [0:44:16, 0:44:33]: of Stockbridge Mun Mini Code, I guess that's municipal code, to amend the Stockbridge Unified Development Code, sections two point four point seven, section two point five point three F [0:44:34, 0:44:36]: Section three point one. [0:44:36, 0:44:38]: Section three [0:44:40, 0:44:42]: Oh [0:44:43, 0:44:49]: I'm gonna read it the way it's written, three comma, two, comma, two, four, and fifteen. [0:44:52, 0:44:55]: And to add section three point two point four one. [0:44:56, 0:45:10]: Under chapter three, use regulations of the code of ordinances, city of Stockbridge, Georgia, relating to the downtown district and the downtown village overlay district. [0:45:10, 0:45:16]: By adding and removing certain uses from the list of prohibited uses [0:45:17, 0:45:24]: and by all and by allowing them to be permitted uses, providing that certain requirements are met. [0:45:26, 0:45:27]: Mr. Linton, please. [0:45:27, 0:45:47]: Thank you, Chairman. Uh so this is the PowerPoint presentation for TX twenty four oh seven, the other text amendment. And the purpose of the tax amendment is to amend section two point four seven of the stop bridge UDC, amend section two point five three F of the Stockbridge UDC to amend section. [0:45:47, 0:46:02]: Section 3.1, which is the use table of the UDC, amend three point two four of the Stockbridge UDC, to add supplementations to Section 3.241 of the UDC and to amend Section 4.85 of the UDC. [0:46:09, 0:46:14]: And these are the current permitted uses that are found in section two point four seven of the E D C [0:46:19, 0:46:28]: And these are the added permitted uses sections to the two point four seven of the UDC, which are the R studio, the dance studio, the hotels and the boutique hotels. [0:46:30, 0:46:50]: The addition of the permitted uses along with the addition regulations to the DT will further revitalize the downtown area stopbridge. And it will also align with the intent found in Section 2.4, which states to which is to maintain, enhance, and expand the downtown development patterns and mixed use and up. [0:46:49, 0:46:58]: Open space character of downtown Main Street. It is also to encourage compatible infill and redevelopment opportunities. [0:47:03, 0:47:06]: These are the current standards that are found in section two point three F. [0:47:10, 0:47:20]: And these are the changes that were being made to section two point three F, which is to r remove the tobacco vase shops, cigar bars and the b hookah lounge. [0:47:24, 0:47:27]: So these are the current standards that are found in section three point one the use table? [0:47:29, 0:47:33]: And these are the changes made, which is to add the boutique hotel. [0:47:34, 0:47:36]: And to add uh motel which are now permitted. [0:47:39, 0:47:42]: These are the current standards that are found in section three point one? [0:47:47, 0:47:48]: On the residential section? [0:47:50, 0:47:58]: And these are the changes that were being made, which is the multi multifamily apartments and condos are listed as permitted, which is highlighted. [0:48:01, 0:48:05]: And these are the current standards that I found in section three point one in the use table again? [0:48:08, 0:48:26]: And the recreation and the entertainment dance studio with live performance, assembly of concert halls, or similar attainment within closed building is permitted, which is highlighted. And we remove the di dance studio uh in the private commercial area in the use table. [0:48:30, 0:48:34]: And these are the other current standards that are found in section three point two four. [0:48:41, 0:48:55]: And these are the changes that were being made, which is section A ten. We're removing the dance studios in both A ten and in C, section three point two four C four. Yeah. [0:48:58, 0:49:06]: And these are the title twelve, section three point two four four four four four four one, which were adding that the hours, the operation allowed for dance studios shall be seven AM to ten PM. [0:49:11, 0:49:22]: And we are also adding new definitions to the UDC for the amphitheater, the Arts Studio, Artist, Dance Studio, Boutique Hotel, and the Hotel Slash Motel. [0:49:25, 0:49:29]: And these are the current standards found in section four point A five. [0:49:34, 0:49:39]: And these are the new standards, which is we're gonna add one space for per thousand square feet. [0:49:43, 0:49:45]: And this is the draft of the ordinance. [0:49:50, 0:50:10]: And based on staff recommendations, we we are recommending approval to amending section two point four seven, section two point five three F, amend section three point one, which is a use table, amend three point two two four, and adding supplementations to three point two four one, and amending section four. [0:50:10, 0:50:12]: Four point eight five of the stoppers unified development code. [0:50:15, 0:50:16]: And that's it. [0:50:19, 0:50:22]: Before you go, Mr Linton [0:50:24, 0:50:29]: You have any history on why dance studios were prohibited? [0:50:31, 0:50:41]: Uh these were recent regulations that were found in the UDC and we just feel like uh by adding the dance studio into the downtown it'll it'll first they're aligned with the [0:50:41, 0:50:43]: You didn't understand my question. [0:50:44, 0:50:53]: You adding them n now, that's what you wanna do. Yeah. They're asking you why were they not allowed before? Do you have any history as to why they weren't? [0:50:55, 0:50:55]: Uh no. [0:51:05, 0:51:07]: Mr Chair may I [0:51:07, 0:51:08]: Oh we over here. [0:51:08, 0:51:28]: There's no history why these uses were not allowed. Um, since we are now expounding and building our downtown area, these are interests that have been brought to staff and we're trying to make our test excuse me, our ordinance more acceptable to these uses. [0:51:30, 0:51:35]: I beg to differ with you um on there not been in the history. [0:51:36, 0:51:41]: Uh particularly when it comes to tar shops, pawn shops, hookamars. [0:51:41, 0:51:46]: That's a lot of history, and that's been a lot of dialogue, and there's been a lot of [0:51:48, 0:51:56]: discussion, public discussion as to not being over proliferated with certain type of businesses. [0:51:58, 0:52:02]: From the commission, community development, the council. [0:52:03, 0:52:05]: Oh [0:52:05, 0:52:07]: I'm just curious. [0:52:11, 0:52:13]: What's taking place as to why we're making the changes? [0:52:15, 0:52:35]: So as I stated before, we're now expounding our downtown area. We're in the process of attracting businesses. One of the businesses that have come before staff is a dance studio. Another is an art studio. Those are not permitted uses in the downtown area. [0:52:35, 0:52:51]: do not have hotels as a permitted use in the downtown area. Me personally, I do not know a downtown area that does not have a hotel. So we're trying to permit these uses so that these businesses can come to the city of Stockbridge. [0:52:51, 0:52:52]: I understand that. [0:52:54, 0:53:01]: And I don't necessarily disagree with you. I just rem recall from being here a while. [0:53:01, 0:53:02]: The [0:53:02, 0:53:11]: There was a lot of noise about certain type of businesses being coming over proliferated in our area. [0:53:11, 0:53:13]: Okay. Oh [0:53:15, 0:53:17]: And I've n already named some of them. [0:53:18, 0:53:21]: So those are they got a lot of mileage. [0:53:21, 0:53:23]: Sure. [0:53:24, 0:53:34]: Public opinion. Um, I can recall a case just not long ago came before us. They wanted to open a hookah bar in [0:53:35, 0:53:36]: And just cafe. [0:53:48, 0:53:52]: And because it was in the downtown district [0:53:53, 0:53:56]: Or the overlay district, I don't recall which. [0:53:58, 0:54:03]: I I believe it was denied by the Planning Commission and the Council. [0:54:08, 0:54:23]: Certainly I would welcome a boutique hotel, the downtown Stockbridge. I mean I got no problem with that. I I'm just concerned that if we open the gate for hookah bars, and I don't mean to pick on hookah bars, uh [0:54:25, 0:54:30]: I kinda feel like the way people felt when they wrote this ordinance in the first place. [0:54:31, 0:54:36]: You have every we wanted to limit those. So I don't I'm kinda questioning why we're changing them. [0:54:38, 0:54:45]: You do not have to accept this recommendation by staff. You can say we will [0:54:46, 0:55:02]: allow staff's recommendation except for and then you can go into naming what you do not want allowed. But this was one of the items discussed as a permitted use. [0:55:08, 0:55:13]: Any more questions from the commission? Yeah, may I speak uh Mr. Chair. [0:55:15, 0:55:19]: Uh what's happening in the city of Stockbridge is that we're growing [0:55:19, 0:55:26]: and we're developing and we're changing things according to certain developments. Now [0:55:27, 0:55:40]: Uh personally w we can limit the number of uh bars or any situation and and put a limit on certain activities. I I think uh when the uh [0:55:41, 0:56:01]: Staff recommended something that I think there should be a limit on certain items. Now, what are those items? I I'm not in a discussion with you guys to know what that would be. But if the chair feels that it hookah boys is is gonna be saturated in the community. [0:56:01, 0:56:06]: then I think we should uh express some form of limits as to how many. [0:56:07, 0:56:09]: Now, as far as the hotel situation is concerned. [0:56:10, 0:56:14]: I've never seen a downtown without a hotel, so that's strange to me. [0:56:15, 0:56:17]: On my personal behalf. [0:56:18, 0:56:23]: So I would say i if we have a saturation of certain items [0:56:23, 0:56:28]: uh businesses in the community, then we need we should uh place some limits. [0:56:29, 0:56:49]: Let me say for the record that the as far as the hookah bars and the that there was a recent text amendment that was passed by Mayor and Council this year and it did allow for hookah bars to be allowed in the DT. So that's why we're making that change um to remove it from the prohibited uses in the downtown village overlay district. [0:56:49, 0:56:51]: Cheer. [0:56:52, 0:57:12]: Go right ahead. Thank you, sir. Um I'm actually glad y'all are finally bringing this to us. Um one, I just want to kind of echo the sentiments of Commissioner Thibodeau. If we're trying to bring revenue to the city, um, along with the amphitheater, we need those accommodations to make sure that we can accommodate those guests. Cities make money not by those that live in the city. [0:57:12, 0:57:18]: So I'm I'm with that a thousand percent. Uh [0:57:19, 0:57:32]: However, I was also gonna ask, would that be the discretion of this body to make a limit number or give you all a limit number? Or how we go about that for I guess in regards to the shops, bars and lounges? [0:57:37, 0:57:57]: So what you can do, and I'm gonna ask the city attorney to step in if I'm incorrect. Um, you do have the autonomy to make a recommendation as to how many are allowed downtown. Um, so you can put a cap on that. Um again, if I'm incorrect. [0:57:57, 0:58:00]: thread, then I do ask the city attorney to step in. [0:58:09, 0:58:11]: Thank you. Thank you. [0:58:11, 0:58:13]: In more comments, for you. [0:58:13, 0:58:18]: Yes, I have a I have a comment, Mr. Chairman. Go right ahead, sir. So exhibit C on page six. [0:58:20, 0:58:37]: Uh multifamily apartments and condos is permitted. So as a representative of district four, there's been a great deal of opposition to uh new town homes, condos, etcetera in the area. So is this permitting right in this very downtown district? Because we don't have here [0:58:38, 0:58:40]: A boundary outline. [0:58:41, 0:58:46]: Of the out of the downtown downtown district. So I'm assuming that what it's approving is [0:58:47, 0:58:49]: Permitted use to build apartments. [0:58:49, 0:58:57]: Right here across the street. Would that be correct? If if requested, if an applicant actually asked for that. Would that be correct? [0:58:57, 0:59:10]: You are correct, Mr. Vice Chair Mitten. Um there are plans to bring apartments downtown. Right now it's not a permitted use and we want to allow it is a permitted use for downtown. [0:59:10, 0:59:11]: Okay, thank you. [0:59:16, 0:59:23]: Chair, one last question. Um, just to kind of echo Vice Chair, will it be mixed use or will it only be apartment town homes? [0:59:26, 0:59:27]: Commercial at the bottom. [0:59:28, 0:59:29]: It'll be mixed use. [0:59:36, 0:59:38]: Any other comments from the commission? [0:59:44, 0:59:51]: This requires a public hearing also. So we will now open the floor for comments from the public. [0:59:52, 0:59:59]: Anyone wish to comment on this text amendment case t x twenty twenty four dash zero seven. [1:00:03, 1:00:05]: Hearing on, the public hearing is now closed. [1:00:09, 1:00:11]: I will now ask for a vote from the commission. [1:00:12, 1:00:26]: Mr. Chairman, Anthony Ninton makes the motion to approve. However, I would make the request of staff in exhibit C, page six, multifamily apartments is removed or considered for removal. [1:00:30, 1:00:31]: Do you get that, Linda? [1:00:35, 1:00:36]: You want me to repeat it? [1:00:37, 1:00:38]: You speak loud, please. [1:00:39, 1:00:41]: Go right here. Say it again, please. Okay. [1:00:41, 1:00:54]: Mr. Mitten makes a motion to approve. However, I'd like to make the request of staff to remove in Exhibit C, page six, the permit of multifamily apartments. [1:00:57, 1:00:58]: Is there a second to the motion? [1:01:00, 1:01:01]: I'll second it, Harold. [1:01:02, 1:01:15]: It's been moved by Mr. Minton that we approve text amendment case TX 2024-07 with one adjustment, and that is to remove multifamily [1:01:17, 1:01:22]: From the permitted uses, multifamily apartments and condos from the permitted uses. [1:01:23, 1:01:28]: Sorry, I had my my hand up before the the second came, but I actually had a request for the motioner. [1:01:29, 1:01:41]: Oh sorry. Go ahead. Thank you, sir. Um, I was gonna ask if you would also add to your motion to put a cap number on the amount of tobacco vape shops, cigar bars, and hookah lounges in the downtown district. [1:01:44, 1:01:50]: I would agree to that. Would you like to uh sorry, Mr. Chair, amend your motion to include [1:01:51, 1:01:55]: Yes, Mr. Chairman. I would make I would amend my motion to approve. [1:01:56, 1:02:07]: With the request of staff that we uh under exhibit C, page six, remove multifamily apartments and we do put a cap on hookah bars. [1:02:09, 1:02:10]: Yes, sir. [1:02:10, 1:02:10]: Okay. [1:02:11, 1:02:28]: And I'll second it. It's been moved by Mr. Mitten that we approve text amendment case TX twenty twenty-four-zero seven with the following amendments to remove multifamily apartments and condos. [1:02:29, 1:02:35]: from the downtown district and to put a limit on the hookah bars. [1:02:35, 1:02:38]: Mr. Chairman, you may want to state what that limit would be. [1:02:43, 1:02:44]: Mr. Williams, you made the [1:02:45, 1:02:46]: Amen, meh. [1:02:48, 1:02:50]: Uh Chairman Atlanta. [1:02:54, 1:03:00]: I'll I can cap it at seven for now, if that's okay with the motion. Ten. I'll cap it at ten if that's okay with the motion. [1:03:03, 1:03:08]: Are you okay with that, Mr. Minton? Uh actually, Mr. Chairman, the downtown [1:03:10, 1:03:16]: area is actually a very small footprint. Thank you. I think ten is a very high number, personally. I agree. [1:03:17, 1:03:25]: That that was also a fact. So is it my understanding that the downtown area goes from here all the way to Angie's near one thirty eight or no? [1:03:27, 1:03:36]: No, okay, perfect. So I w I will take my stuff back down to six and that is between to go between cigar bars, hookah lounges, and tobacco and vape shops. [1:03:37, 1:03:43]: Uh Mr Chairman, may I ask a question? Maybe we could get some clarification on the downtown. [1:03:44, 1:03:45]: Go ahead, Mr. Tibetan. [1:03:46, 1:03:52]: Okay, well we talking about a cap on things, we have to first establish the distance [1:03:52, 1:03:57]: of what's gonna be covered, see? So when I even if I said ten [1:03:58, 1:04:09]: Uh we need to see what kind of area we're talking about. What what's covering downtown to to consider, even ten or five, or six? And then the other part of that, what what's already here? [1:04:10, 1:04:18]: So I would say if we can get staff to give us an overview of all the parameters to see. [1:04:20, 1:04:23]: Where's downtown and how much of downtown? [1:04:24, 1:04:26]: do we have to work with? [1:04:26, 1:04:33]: Now I I would go along with five or six, which would be fine, but I still need to consider the distance. [1:04:33, 1:04:40]: of how much of area we're covering in order to make a a good decision as to how many numbers we need to cap off. [1:04:41, 1:04:58]: Mr. Chairman, I agree. Mr. Mitten, go ahead. I'd like to retract my motion to approve and have staff, if you could, tell us what the road boundaries are that would give us an idea of what the downtown development area actually looks like. Is that something you can do pretty quickly, Mr. Mitten? I'm sorry, Mr. Linton. [1:04:59, 1:05:01]: You have a map of the downtown district. [1:05:05, 1:05:07]: Handy. I know you have one. [1:05:24, 1:05:40]: Mr. Chair. And while he pulls that up, um, I wanna ask the staff to uh answer Mr. Thibodeau's question. Is our understanding that there are no tobacco vape shops, cigar bars, or hookahs approved now in the city district, downtown district, correct? None, okay. [1:05:58, 1:06:03]: So what you have before you is the inter is the zoning map. [1:06:06, 1:06:12]: And this is the uh downtown village overlay district, which is highlighted in black. [1:06:17, 1:06:17]: Mm-hmm. [1:06:28, 1:06:31]: So it it that's that's the limit right there. [1:06:37, 1:06:38]: Therefore, you must sit up. [1:06:40, 1:06:42]: Uh yes sir that did. Um [1:06:43, 1:06:46]: I will go along with uh Mr. Williams' recommendation. [1:06:50, 1:06:55]: So we have a motion on the floor by Mr. Mitten. [1:06:56, 1:07:01]: To approve text amendment case TX twenty twenty four dash oh seven. [1:07:03, 1:07:11]: uh with adjustments, one being removing the multifamily apartments and condos. [1:07:12, 1:07:18]: And the second one being putting a limit on tobacco and vape shops, ziggle bars and hookah lounges. [1:07:19, 1:07:39]: And that limit, I believe, is at six according to Mr. Williams. Chairman, I would actually looking at the future lanes map, I want to move it to five if that's okay with the motioner. Well well, um yeah, it's okay. I'll I'll just restate it then. Uh the second adjustment to this text amendment case is the lit put an [1:07:39, 1:07:46]: Unlimit on tobacco, vape shops, cigar bars, and hookah lounges to five units. [1:07:49, 1:08:03]: And Mr. Thibodeau, I believe, second that motion. Yes, sir. I second the motion that we have now. All in favor? Let it be known by the sound of aye and the show of hand. Aye. It is unanimous. [1:08:04, 1:08:08]: The motion the amended motion is approved. [1:08:09, 1:08:10]: Thank you. Thank you, Commissioner. [1:08:14, 1:08:16]: Thank you all for d diving in. [1:08:26, 1:08:30]: Next item I have is PC board member training. [1:08:31, 1:08:35]: In house in house training for the Planet Commission board members. [1:08:36, 1:08:40]: To be conducted by Miss Jackson, please. [1:08:53, 1:08:54]: Oh shit. [1:09:31, 1:09:34]: So I would like to say good evening. Good evening. [1:09:38, 1:09:53]: So tonight we will um go through a training session regarding planning commission duties, your roles and your responsibilities as a planning commissioner for the city of Stockbridge. [1:09:55, 1:09:58]: So the first question is why are you here? [1:09:58, 1:10:03]: To get a clear understanding of your role, responsibility as a planning commissioner. [1:10:04, 1:10:07]: Also to learn the elements of good decision making. [1:10:08, 1:10:14]: And to learn how to prepare for a meeting and the dynamics of an effective public meeting. [1:10:15, 1:10:35]: So I would like to say kudos to you for willing your willingness to serve as a planning commissioner. I also want to thank you for the contributions you have made to this board, to this process, and your welcoming of staff. Thank you for your time, your forward thinking, and your quality decisions. [1:10:35, 1:10:37]: Night's meeting will guide you in your [1:10:38, 1:10:47]: authority and your decision making, you have the responsibility of helping forming your community and the future here of the City of Stockbridge. [1:10:49, 1:11:05]: This will be a three-part training. So tonight's training will consist of planning commission, roles, your role, your authority, and your powers and duties. The next session will consist of the basis for your recommendation. [1:11:06, 1:11:10]: and making your re recommendation. We will get more in depth in that [1:11:11, 1:11:31]: Training session, the role of the comprehensive plan and future land use map, staff's role, and the staff report will be discussed at that time. The third part of the training will consist of meeting procedures that will detail or enel preparing for the meeting, conducting the meeting. [1:11:31, 1:11:32]: Meeting and the public hearing. [1:11:33, 1:11:42]: how to properly make motions, and we will discuss the Robert Rules of Order, and we will also provide you with legal perspectives. [1:11:46, 1:11:50]: So tonight let's discuss the structure of planning commission. [1:11:52, 1:12:06]: The Planning Commission is comprised of six qualified members, which is yourself. Each member shall be appointed by the mayor and city council. Each member must be a resident of the city of Stockbridge. [1:12:07, 1:12:27]: Your terms of office all members shall be appointed for a term of four years, provided, however, that in the initial appointment three of the members shall be appointed for a term of two years, an appointment to fill any vacancy shall be for the remainder of the unexpired term of four years. [1:12:27, 1:12:28]: Yeah. [1:12:29, 1:12:30]: Removal. [1:12:31, 1:12:40]: Nowwithstanding any provision of the contrary, a member may be removed by a majority vote of mayor and city council. [1:12:41, 1:12:59]: What are the qualifications and compensation for a member of the Planning Commission? In order to be qualified, all members shall complete training for Planning Commission members and shall receive a certificate of completion from the Atlanta Regional Commission. [1:12:59, 1:13:10]: the Carl Vinson Institute or an agency or organization competent to train appointed planning officials within one year of appointment. [1:13:11, 1:13:16]: Each member shall be compensated in a manner prescribed by the mayor and city council. [1:13:18, 1:13:38]: So to have a meeting, we must have a quorum. And that quorum here will be four members must be present. Four members shall constitute a quorum for the transition of a transaction of business. All rules, policies, and procedures governing the Planning Commission shall hereinafter. [1:13:38, 1:13:40]: after governed by this requirement. [1:13:45, 1:13:50]: So let's get into the powers and duties. [1:13:55, 1:13:58]: What are your powers and what are your duties? [1:13:59, 1:14:02]: But first let's discuss who you are. [1:14:08, 1:14:23]: So the American Planning Association defines planning officials as any appointed or elected official involved in the planning decisions for the betterment of a community, region, state, or c country. [1:14:24, 1:14:29]: I believe that should be counting. But however, you are a planning official. [1:14:30, 1:14:35]: Your job is one of public trust. It is one of [1:14:35, 1:14:44]: the most meaningful ways in which you can serve your community. So again, we thank you for taking on this responsibility. [1:14:45, 1:14:47]: You have the powers to amend or [1:14:48, 1:14:49]: Staff's conditions. [1:14:50, 1:14:57]: You have the power to call special call meetings according to the procedures established by your body. [1:14:57, 1:15:03]: You serve as the recommending body for the mayor and city council of the city of Stockbridge. [1:15:04, 1:15:16]: You also have the authority to prepare, adopt, and amend the plan of conservation and development, and you also can review all proposed municipal improvements. [1:15:20, 1:15:27]: You also have the ability to make, review, and make final decisions, such as a subdivision plat. [1:15:27, 1:15:47]: You also can review and make recommendations to city council on matters that pertain to rezonings and amendments to the official zoning map, variances, special use permits, amendments to the UDC, conditions to variances, and conditions to special use. [1:15:47, 1:15:48]: [4552.7, 4565.7]: So now we're going to get into the Robert Rules cheat sheet that you may have ahead of you or in your packet. So if you want to pull that out, our city attorney is going to discuss that with you. [1:16:15, 1:16:20]: have that situation on some boards that buy so I do think that this [1:16:25, 1:16:45]: Really well versed in the procedures of motion making and amending motions and calling for a second, even though it sounds like it may be rudimentary in some aspect, a lot of owners or andor city councils sometimes have issues making motions. [1:16:45, 1:16:53]: Um amending motion, substituting the motion, and this board seems to have a good handle on that. But I do want to go through um [1:16:55, 1:16:56]: That slide. [1:17:32, 1:17:46]: I can't see it on the screen. It's too small for me. Um, so we know that in order to bring something to the floor, it needs to be in the form of a motion. And a member [1:17:46, 1:18:06]: As it says here, a member raises their hand when no one else has the floor, and the chair can recognize the commissioner that wants to make the motion. In this situation with this board, because you guys are mainly a recommending body, I do think it's important to in the body of [1:18:06, 1:18:21]: your motion include that because sometimes people in the gallery may not understand that this motion or this vote that you all are making is not the final vote, that it is going to have to go to mayor and city council. Thank you. [1:18:21, 1:18:23]: Um and so because of that [1:18:24, 1:18:44]: When you do have these motions to make recommendations to Mayor and City Council, I always advise that the motion have that type of language within it. I make a motion that we recommend to Mayor and City Council that this item be approved per staff's recommendation or with whatever, however you want to say it. [1:18:43, 1:19:03]: But I do think because this body is mostly a recommending body, it's important for the people in the gallery to hear that so that they understand. And the chair is pretty good about telling them we're recommending, you know, this is not a final decision. But just technically speaking, that motion I believe should should include. [1:19:03, 1:19:05]: Yeah. [1:19:06, 1:19:06]: Um [1:19:07, 1:19:23]: Then of course, just like tonight, I think Commissioner Williams ha made a second, but he wanted to discuss. He wasn't ready to just make a second by itself. He still wanted to have a point of discussion. And so if there's ever a main motion that's made. [1:19:23, 1:19:34]: and you all someone wants to make a second, that second does not have to automatically mean that you agree with the motion. You can say, I make a second for discussion. [1:19:35, 1:19:51]: And that allows for a question to be had or some back and forth between the commissioners if there's some you know points that you all want to make before you make that final uh vote. Um but it does preserve the motion being on the floor so it doesn't fail for lack of emotion. [1:19:52, 1:20:11]: Um and today you also saw where you have a motion that did fail because of the original motion that was made. You all did not have enough I votes for that. So then that failed for lack of a full vote or or majority vote, and then it went back. [1:20:11, 1:20:31]: To the floor for a second motion, and then you all made a motion, and that one uh was able to pass with the majority vote. So, like I said, you guys seem to have a really good handle on how to make motions and seconds and amending and all of that, and it does help the meetings go uh much more smoothly when it's time to make a [1:20:31, 1:20:33]: emotion. Um [1:20:33, 1:20:51]: That's pretty much the gist of it in terms of Roberts Rules and that main motion making. Um, if you all have any questions about that process, we can discuss it here. But my main thing that I want you to have a takeaway is starting to implement that recommendation. [1:20:51, 1:20:59]: Language in the motion for all of these matters that come before you that you do not have final decision-making authority on. [1:20:59, 1:21:16]: Just so for for two purposes, it preserves the record, and secondly, for people who may not understand the role that this body has as not being a final decision-making body, it informs them that this is not going to be the final vote. It will go to mayor and city council. [1:21:17, 1:21:19]: Is there any question on this part? [1:21:21, 1:21:26]: All right. I d I do have a question because it came up last meeting. [1:21:27, 1:21:30]: And I went back and looked at the bylaws in [1:21:33, 1:21:37]: From my interpretation, the bylaws are silent on the issue. [1:21:37, 1:21:41]: And that's the issue of whether the chairman votes. [1:21:42, 1:21:44]: And if he doesn't vote, is he abstaining? [1:21:46, 1:21:55]: So and we do have the bylaws. Did you pass them out, Kedra? We have coffee before. Oh you do have them? Okay. Um, let me get my coffee. [1:22:10, 1:22:12]: I mean required for specific session chair. [1:22:13, 1:22:20]: No, um I'm not because it didn't address it in the bylaws. [1:22:20, 1:22:20]: Excellent. [1:22:28, 1:22:37]: I was following custom. Since I've been on the board, the chairman has not voted. And I d and since we are only a six member board. [1:22:38, 1:22:40]: I don't know. [1:22:43, 1:22:49]: It would make sense if the ch if the chair voted because ultimately you could always end up in a tie. [1:22:52, 1:22:54]: So I'll do a [1:22:55, 1:23:09]: review of these if the if your bylaws do not and that would be unusual because typically the bylaws do have the um language in terms of when the chair can and cannot vote. [1:23:10, 1:23:18]: Mr. Chairman, seven dot one dot one on page nine addresses tie votes, but it doesn't say anything about the chair. [1:23:20, 1:23:24]: Or how the tie is broken. It just says a tie boat results in a failed motion. [1:23:26, 1:23:27]: That's all it states. [1:23:29, 1:23:49]: So it does say the chair shall not vote unless there is a tie of the board members who are present. And that's typically the language that you find in bylaws. Um I always see that. So typically the chair is not able to vote unless there is a tie. So if and that's why I was saying tonight, because everyone [1:23:49, 1:23:58]: Was present, we weren't gonna have that situation. Exactly. But last month, we because um Commissioner Planchon was not here. [1:23:59, 1:24:07]: You you potentially had the ability to vote or needed to vote if there was a tie, because you would have had two. So typically. [1:24:07, 1:24:26]: This is the language that you find in bylaws is that the chair does not vote unless there is a tie. And if there is a tie and it's also with the mayor, usually the mayor doesn't vote unless there's a tie. And then if there is a tie, the chair will will cast his vote. I just wanted to clarify because so no one would [1:24:27, 1:24:39]: conclude that the chair was abstaining when in fact he wasn't not ex abstaining at all. Yeah, abstention is completely different. Completely different. Yeah. Yes. Thank you. Mr. Chair, can I ask a question please? [1:24:40, 1:24:41]: Go right answer. [1:24:42, 1:25:02]: Yes, uh at our last meeting when he had the ability to vote because there was um you know a tie. But then we table it and brought it to this meeting. So I need you to explain that to me where he didn't have the ability to vote last time. Yes. But y you know, and we had to come back. [1:25:02, 1:25:22]: To it. Explain that to me. There is language in the bylaws that allow for that, and it has to be upon the consent of the applicant. So if the applicant who was here tonight agrees with the um tabling or continuing the public hearing in the event of [1:25:21, 1:25:41]: They're able to have a full body, then they're able to go ahead and get it continued, which is what happened tonight. So it's up to the applicant to say, you know what, I'll go ahead and let you guys vote, even though I don't have the the um ability to have the full body in front of me, or I will go ahead and continue it to the next meeting, which is [1:25:41, 1:25:45]: what she agreed to do last month. But the bylaws um allow for that. [1:25:51, 1:25:52]: I keep dressed. [1:25:58, 1:25:59]: Thank you, Mr. Ross. [1:25:59, 1:25:59]: Yeah. [1:26:04, 1:26:05]: Project updates. [1:26:10, 1:26:20]: Oh I'm sorry. Did We're almost done. I'm I'm sorry. I apologize, Miss Jackson. Please. Yes, no worries. Yes, that's why we're gonna break this down because I know [1:26:21, 1:26:30]: Everyone has had a long day and we just want to get home. But let us just finish. I think I have a few more slides and then we'll wrap it up. [1:26:31, 1:26:34]: Okay, so why do we plan? We plan. [1:26:34, 1:26:50]: Planning considers the present conditions resources of a community and provides the roadmap to our future. It ensures that future development will occur in the way in the location and the location that the community wants it to. [1:26:50, 1:27:01]: It also allows for economic development while protecting the overall vision that the community has for itself. In short, you have to plan for the future. [1:27:01, 1:27:03]: Community that you want. [1:27:03, 1:27:16]: I say this to say that the next few slides will get into the different types of applications that you review as a board. The first one that we're going to discuss are variances. [1:27:21, 1:27:41]: And if you like me, your eyes can barely see this, but um we're gonna pertain to section 10. Section 10 discusses the variances, administrative variances, and administrative appeals. But what I'm gonna do is kind of hone in on variances and administrative variances. [1:27:41, 1:27:45]: I don't think this board has ever entertained an appeal. [1:27:49, 1:27:50]: Not sure. [1:27:54, 1:27:57]: So what is a variance? [1:27:58, 1:28:15]: And let me get that. So a variance is a request for relief from regulations in the city's zoning ordinances. It stems from a literal enforcement of the provisions of the UDC. [1:28:15, 1:28:20]: in an individual case resulting in unnecessary hardship. [1:28:21, 1:28:41]: You may have a homeowner come before you. They may not be able to build a home because of the setback regulations. They may come to you asking you to maybe reduce the front yard or the side yard to allow a construction of a single family home. That is an example of a variance. Um before you. [1:28:41, 1:28:47]: you should have in your packet, I believe, if I'm not mistaken. Um [1:28:49, 1:28:53]: the criteria of a variance. If you do not, we'll just go over it. [1:29:01, 1:29:06]: So if you do not, I apologize. But we want to look at section [1:29:09, 1:29:29]: 10.1.3. So before you before you consider a case, we provide you with a packet, and your packet consists of staff reports. Um if you read the staff report, there's a criteria that staff follows to come to a conclusion. [1:29:29, 1:29:49]: On whether staff is going to recommend an approval, denial. We hardly recommend a deferral, mainly that comes from you. So I'm not going to read each one of these, but there are 10 criteria we review in in regards to variances. [1:29:49, 1:30:02]: Um the first one is is the request an extraordinary a and exceptional circumstance pertaining to the particular piece of property in question [1:30:02, 1:30:06]: Is this due to its size, shape? [1:30:06, 1:30:26]: Topography that are not found on other properties in the same zoning district. So those are that's one of the criteria. Most that come before us do have a hardship due to their size, due to the topo, or it could be the shape of the property. If the shape of a property is a triangle. [1:30:26, 1:30:43]: Angular shape and it may have state waters on the property, that is a hardship to build a single family detached home. So those types of variances are brought to you. Now, as far as administrative variances, sometimes it's a small [1:30:43, 1:30:51]: hardship that they may be facing f um, for instance, um, maybe the corner of their lot is [1:30:52, 1:31:12]: intruding into their neighbors yacht lot. And they may want to put up a fence, but they are not able to because of that small piece. Um those are administrative variances that we can handle in-house. If it's 1% or less, um we can handle those in-house and um those are not normally brought to you. [1:31:13, 1:31:33]: Um as far as administrative appeals, there are times we make a decision administratively on a property and that applicant or agent may disagree with staff's decision and so they want to appeal it. And when they decide to appeal it, it comes before you. [1:31:33, 1:31:35]: And then you decide if [1:31:35, 1:31:50]: staff's decision was correct or the applicant is correct. But I won't go into too many details um of that. We can pick mu more up on that um during part two of our discussion. [1:31:52, 1:32:04]: So this is kind of what I just went over as far as the different types of variances. So the two that we look at is a regular variance and the second is a minister in administrative variance. [1:32:08, 1:32:28]: So the variances that come before you, they do require legal requirements before you see them. And that includes notices being sent out. So when um first when a ve uh a person wants to apply for a variance, they must have a [1:32:28, 1:32:48]: pre-application meeting with staff. That's a requirement for all major zoning um petitions. And in that meeting, we may go over the probability of a denial or approval. We may discuss some changes they may to need to make to their staff, their site [1:32:48, 1:33:08]: Plan and other pertinent information. So let's say the applicant is ready to move forward, they submit the application, and so the due diligence begins. Staff is preparing legal ads to send to the newspaper to advertise the petition. [1:33:08, 1:33:25]: detail and when I mean detail we're providing legal information about the property that includes the size of the property, the zoning, what is the request, and providing the land use and also the land lot of the property. [1:33:26, 1:33:39]: So then after that, um we prepare letters to send to the applicant. The applicant is responsible for mailing out notices to property owners within 500 feet of their property. [1:33:40, 1:34:00]: So I just wanna come back a little bit to the legal notices. So just for your information, legal notices must go out 30 days prior to the hearing. Um so the applicant has that responsibility. If they do not, we cannot move the the case forward. They will have to go to the next [1:34:00, 1:34:00]: Cycle. [1:34:02, 1:34:07]: So let's say it does come before you and is denied by you. [1:34:07, 1:34:09]: If it's denied [1:34:09, 1:34:13]: The applicant will have to wait six months or [1:34:14, 1:34:34]: After they wait six months, they have to come to us with new information previously considered by the petitioner. Once six months has passed, then they can resubmit. Um, and let's just say they did not agree with your decision, they can appeal your decision. [1:34:34, 1:34:41]: And they have thirty days from the date of the deflection to appeal that decision. [1:34:42, 1:34:44]: Do you have any questions at this point? [1:34:45, 1:35:05]: Yeah, very quickly. So the 30 days before public hearing where the applicant mails the letters, how does staff know because we have had issues come before this board where there's been debate between the applicant and people, obviously people that are against a a variance or a zoning who's [1:35:05, 1:35:10]: We said we never received a letter and I don't think any of us have ever heard a case where [1:35:11, 1:35:16]: You know, it was confirmed, yay or nay, that they did or didn't. So how does staff know that? [1:35:16, 1:35:36]: Great question. So we do require them to send certified letters out to the surrounding property letters. They must submit proof to staff at least a week prior to coming before you. We do keep records of those. So if you ever want to see a record of the mail property. [1:35:36, 1:35:40]: property notices, you're more than welcome to ask. [1:35:40, 1:35:42]: Okay. You're welcome. [1:35:43, 1:35:44]: I'll speak Chair. [1:35:45, 1:35:45]: Go ahead and hear sir. [1:35:46, 1:35:47]: Um [1:35:47, 1:35:56]: Well, do we have to ask whether or not they sent out letters to the homeowners? Uh shouldn't that be something presented [1:35:57, 1:35:59]: When we're here at a meeting. [1:36:02, 1:36:12]: So to answer the first part of your question, no, you do not have to ask. If you want, you can. Secondly, no, we do not have to present that information to you. [1:36:13, 1:36:16]: Well, we've had in the past where uh [1:36:17, 1:36:37]: People have told us that they did not get letters uh information pertaining uh what the developer would was doing around their property. So should we just ask in the future if uh it involves property owners and developers, that do you have any letters that's been [1:36:37, 1:36:42]: been put out or should we say present us with a letter that you have presented to the community? [1:36:50, 1:37:05]: they've already determined that the notifications have found outly been met. That requirement has been met. So if it makes it to the agenda and comes before you for decision, that internal staff [1:37:05, 1:37:15]: legal notification letter going out requirement has already been vetted by staff has already been confirmed that that has been met and it's now on the agenda. [1:37:25, 1:37:37]: Mr. Chair, if I could ask, go ahead. Could we add that? Would it violate any bylaw for us to ask that that be included in staff presentation? Just I think it taps the entire [1:37:38, 1:37:43]: Proceeding because then you're not gonna have those people standing up saying, I never received it if [1:38:02, 1:38:02]: Yeah. [1:38:10, 1:38:15]: That that procedure was met, they can put that in their staff report. Um, and also I just want [1:38:20, 1:38:26]: The the final public hearing, like I said earlier, will be before mayor city council. So with variances [1:38:26, 1:38:32]: It's still the same motion for recommendation to Mayor City Council and the slide says [1:38:33, 1:38:38]: If denied an applicant has to wait six months, but that's if denied by mancy. [1:38:41, 1:38:46]: All right. Thank you. Thank you, Ms. Ross, Ms. Jackson. Thank you, City Attorney, for making that clarification. Yes. [1:38:48, 1:39:08]: So next we're going to move to special use permits. I'm sure you have had a share of those that come before you, especially at the last meeting. So, what is a special use permit? It's a use, it's a type of use that are that is not classified as a permitted use in zoning districts, therefore, it's only a [1:39:08, 1:39:28]: Allowed by a use permit. Special use permit in the interests of the public health, safety, and welfare. The city council may exercise limited discretion in evaluating the site proposed for use that requires a special use permit. In exercising, [1:39:28, 1:39:35]: The city council shall consider each of the following. [1:39:37, 1:39:57]: So here, um the first the the planning commission makes a recommendation. As you know, you're a recommending board. You can recommend approval, denial, or deferral. Once it gets to city council, the city council makes the final decision on whether that use or that zoning petition is approved. [1:39:57, 1:40:15]: Chapter 9. or Section 9.2.6 speaks on the use permit considerations. For sake of time, we won't go over each criteria that is reviewed during or looking at special use permits. [1:40:16, 1:40:31]: And I want to add this uh last statement. If a special use permit is defeated by a mayor and city council, the same property shall not be considered for a special use permit until one year. [1:40:32, 1:40:37]: So they will have to come back after that year, start over again. [1:40:39, 1:40:59]: Before you are the criteria I just spoke of that we won't really go into details, but as you can see here, um there before you um I'll just read one. Um so we do look at um outdoor lighting, hours and manner of operation. Those are some of the criteria we review in terms [1:40:59, 1:41:01]: terms of special use permits. [1:41:10, 1:41:30]: To just discuss with you all the variances and the special use permits. Both of those types of zoning decisions or zoning applications are constrained to criteria that is outlined in the ordinance. So it's either going to be that the variances. [1:41:32, 1:41:32]: Right. [1:41:45, 1:42:05]: community body. But a lot of times you'll have people come to the meetings and they're talking about things that really are not before you because what you have to focus on for your recommendation are those considerations which are in the staff report, which staff considers when they make their recommendations. [1:42:04, 1:42:05]: A [1:42:05, 1:42:25]: So the germane questions before you are whether or not the applicant meets those special needs considerations or meets the considerations for variances. Even though during the public hearing process you'll hear so many different things from the audience and from the public. [1:42:25, 1:42:30]: When it's time to make your motion, you want to bring it back. [1:42:30, 1:42:32]: to what's before you in the application. [1:42:33, 1:42:35]: А ветні апліканц. [1:42:36, 1:42:41]: those objective criteria because that's what you have to make your recommendation based on. [1:42:42, 1:42:55]: So let you know everyone's gonna say what they need to say, but if you have questions of staff staff, does the applicant meet the considerations of the special use commits? Or [1:43:00, 1:43:07]: spaces, does it deal with the amount of location of open space? You know, making that discussion with staff. [1:43:07, 1:43:10]: More um consistent with [1:43:18, 1:43:19]: Part of the [1:43:20, 1:43:20]: Or [1:43:21, 1:43:40]: So just make sure that after that public hearing back and forth, when it's time to make a motion, it's based on whether or not the applicant meets the requirements of the special use permit or the requirements of the variants, because that is outlined for you in the UBC and in the staff report. [1:43:46, 1:43:48]: Next we'll move to rezoning. [1:43:51, 1:44:11]: So, what is a rezoning? It's an action or process to change the zoning classification assigned to a property for the purpose of land use. Planning and Zoning Commission: Your job is to make the recommendation to mayor and city council. The final decision is then made by city council. [1:44:11, 1:44:22]: This does require a public hearing notice and sign post it on the property. Here, the terms of or the dates are [1:44:22, 1:44:33]: A little different. So here you could advertise fifteen days prior, but no more than forty-five days before the public hearing. [1:44:34, 1:44:54]: Impact analysis is determined from section 9.2.2. There are 14 analysis questions that we do review in making our recommendation, staff's recommendation for an approval or denial. Conditions may be attached as deemed necessary to a [1:44:54, 1:44:57]: rezoning case. [1:45:00, 1:45:04]: So next we'll get into the comprehensive plan amendment. [1:45:06, 1:45:16]: So a comprehensive plan amendment provides a vision for the future of the community along with steps that are needed to make the vision a reality. [1:45:16, 1:45:19]: It is the basis for land use regulations. [1:45:20, 1:45:23]: Planning and zoning commissions, what is your [1:45:24, 1:45:36]: role here. So again, you review the case, you look at the criteria, you make a recommendation. Your again, your recommendation consists of approval, [1:45:36, 1:45:37]: denaio [1:45:37, 1:45:42]: or deferral if you need additional information from either staff or the applicant. [1:45:43, 1:45:45]: The final decision is made by city council. [1:45:47, 1:45:51]: It requires a public hearing notice and sign posted on a property. [1:45:52, 1:46:10]: Here the legal notification is 30 days prior, but no more than 40 days prior to the public hearing. Impact analysis is determined from section 9.2.9. Conditions may be attached as deemed necessary. [1:46:15, 1:46:20]: Modifications. We have both minor and major modification. [1:46:21, 1:46:27]: And to get more information about that, you can review section nine point two point four. [1:46:28, 1:46:41]: So what is a major modification? It's a requested change of the zoning conditions. It includes allowable uses, maximum density, or compatibility requirements. [1:46:42, 1:47:02]: Here, your role, your duty are still the same. You made the recommendation. The final decision comes from city council. Um the legal notice here is 30 days prior, no more than 40 days of the public hearing. Conditions may be deemed attached. [1:47:02, 1:47:05]: may be attached as deemed necessary. [1:47:06, 1:47:26]: Minor modification is more administratively. Um the minor could be more of a design of the site plan. Um for instance, you may we may condition the site plan. Well that's not a good example. Let's say the [1:47:26, 1:47:42]: Layout of the site, you may approve, right? You you may approve um a residential development and you may like the layout. But when it gets to engineering, they may have to change the layout. [1:47:43, 1:47:46]: It could be due uh to Topo, it could be [1:47:46, 1:48:06]: Um, to um they may have to move the detention pun, whatever the the the instance is, it's not always going to be the site plan or the layout in which they provide to you. So say they came back to staff, they need to make some changes, now they may need to go through a [1:48:06, 1:48:13]: minor modification and that minor modification could be tied to um [1:48:15, 1:48:22]: I don't want to say necessarily a condition, but sometimes we may say the s the layout must be [1:48:22, 1:48:31]: um condition to something similar to what you provided to staff and planning commission. So they may have to change it and they just need a modification. [1:48:32, 1:48:32]: Um [1:48:33, 1:48:44]: For instance, we have a development where they had to change the layout of the street. Um, they started off with a cul-de-sac, but they had to change it due to [1:48:44, 1:48:45]: Um the [1:48:46, 1:48:47]: One of those [1:48:47, 1:48:48]: Condition stated that [1:48:49, 1:48:52]: The townhomes cannot have individual trash cans. [1:48:52, 1:48:54]: So because of that they had to make [1:48:55, 1:49:00]: The street a uh what do you call it? Uh um uh narrow [1:49:00, 1:49:05]: Head or I can't think of the term, but um a narrow neck. [1:49:06, 1:49:15]: the the different terms of the street, but however, for lack of better word, um, they have to come to staff to do a minor modification. So [1:49:16, 1:49:23]: Hammerhead, that's what I'm looking for. So they have to change the street to a hammerhead. Um even though it's a small change. [1:49:24, 1:49:35]: We condition it, uh one of the conditions forced them to do it, so therefore they're not meeting that condition. And administratively we reviewed it and made a decision. [1:49:41, 1:49:57]: So this ends our discussion for tonight. Part two, we're going to get in more discussion of your role, um, of the comprehensive plan, the future land use map. We're going to talk more about staff's role. [1:49:57, 1:50:17]: And the staff report, you know, what do we do when it's when we're providing our analysis to you? And also we're going to get into more of a legal perspective in terms of these discussions. So we do thank you for your time. And um we will [1:50:17, 1:50:20]: let you know when the next training will be. [1:50:21, 1:50:25]: Okay. Thank you. Thank you, Ms. Jackson. Thank you very much. [1:50:28, 1:50:29]: Excellent. [1:50:31, 1:50:32]: We appreciate it. [1:50:33, 1:50:33]: Thank you [1:50:38, 1:50:40]: Are you doing project updates as well? [1:50:41, 1:50:44]: Is that been a sign to you or is it someone else? [1:50:45, 1:51:05]: Project updates, you will get more test amendments before you. We do plan to make some changes to the code. Um, so one, it will be more um understandable to those that are reading the code, and of course, we just want to implement um changes. [1:51:05, 1:51:13]: That will be um conducive of us moving forward in the future. So you will receive more test amendments in the future. [1:51:14, 1:51:15]: Thank you. [1:51:16, 1:51:20]: Do you have any other comments or any other comments from any members of staff? [1:51:26, 1:51:29]: Must be time to go home. Everybody's quiet. [1:51:32, 1:51:33]: Any comments from the board. [1:51:36, 1:51:38]: Been a great boy tonight. Thank you. [1:51:39, 1:51:40]: Thank all of you. [1:51:48, 1:51:50]: The next item is adjournment. I need a motion, please. [1:51:51, 1:51:52]: So moved here. [1:51:52, 1:51:53]: A second it, Harold. [1:51:54, 1:52:02]: Mr. Williams has motion made a motion to adjourn. Mr. Thibodeau has seconded. All in favor, let it be known by the sound of aye. Aye. Aye. [1:52:04, 1:52:06]: The meeting of the joint. Thank you. [1:52:10, 1:52:10]: Yeah. [1:52:13, 1:52:17]: Trying to stay away. I can dig it, man. [1:52:20, 1:52:20]: HAPTE! [1:52:21, 1:52:24]: Maybe we get him a service coffee. [1:52:24, 1:52:30]: We have to start having coffee at the meeting.