[ AGENDA CITY PLANNING COMMISSION City Hall - Council Chambers 6131 Taylorsville Road November 8, 2022 6:00 P.M. ]
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AS COLE MEETING OF THE CITY OF HUBER HEIGHTS, PLANNING COMMISSION TO ORDER, SECRETARY, WILL YOU PLEASE CALL THE ROLE? ALL RIGHT, MR. JEFFRIES? HERE.AND SO, BECAUSE WE HAVE AN ABSENT PERSON, WE DO NEED TO MAKE A MOTION.
SHE DID NOTIFY US THAT SHE WOULDN'T BE HERE.
BUT YOU MAKE HAVE TO MAKE A MOTION A SECOND AND VOTE THAT I MAKE A MOTION TO ACCEPT, UH, MS. THOMAS'S ABSENCE.
SECRETARY, PLEASE CALL THE ROLE.
UH, DOES ANYONE ELSE ON THE DIAS THIS IS THE APPROPRIATE TIME FOR ANY CITIZEN'S COMMENTS NOT PERTAINING TO ITEMS ON THE AGENDA.
WE'LL MOVE ON TO SWEARING OF WITNESSES.
I ANNOUNCE IN ACCORDANCE WITH THE RULES OF THE PLANNING COMMISSION, ANYONE WHO MAY WISH TO SPEAK OR GIVE TESTIMONY REGARDING THE ITEMS ON THE AGENDA THIS EVENING NEEDS TO BE SWORN IN.
SO I ASK EVERYONE TO STAND, RAISE THEIR RIGHT HAND, RESPOND I DO.
TO THE FOLLOWING OATH, DO YOU HEREBY SWEAR OR AFFIRM ON THE THREAT OF PERJURY TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, SO HELP YOU GOD? I DO.
OUR FIRST, UH, LET'S SEE WHERE WE'RE AT HERE.
OUR FIRST ITEM IN A NEW BUSINESS IS TEXT AMENDMENTS.
THE APPLICANT, THE CITY OF HUBER HEIGHTS, IS REQUESTING APPROVAL OF VARIOUS TEXT AMENDMENTS TO THE ZONING ORDINANCE OF THE CITY OF HUBER HEIGHTS, PERTAINING TO SPECIAL USES WITH THE AGRICULTURAL DISTRICT, PERMITTED USES WITHIN THE PLAIN COMMERCIAL AND PLANNED INDUSTRIAL DISTRICT, AND CHANGES TO THE HOME OCCUPATION REGULATIONS TA 22 DASH 42, MR. CRELL.
MEMBERS OF THE PLANNING COMMISSION.
UH, IN FRONT OF YOU IS ACTUALLY THE, THE PRESENTATION, CUZ THIS IS ALMOST ALL TEXT, AND I THINK IT'LL BE DIFFICULT TO SEE ON THE, UH, ON THE TV MONITORS.
THIS FIRST SLIDE WAS REALLY FOR, UH, THOSE WHO WERE WATCHING LIVE, WHICH THEY AREN'T.
UM, BUT THE, UH, THE PURPOSE OF THE TEXT AMENDMENTS, UH, THERE, THERE'S A NUMBER OF REASONS WHY WE DO TEXT AMENDMENTS.
UH, ONE IS TO ALIGN THE CODE TO RECENT COURT DECISIONS OR UPDATES IN REGULATIONS AND LAWS, UM, REDUCE INCONSISTENCIES OR, UH, REGULATORY BURDENS THAT ARE, WE NOW FEEL MAY BE UNNECESSARY.
UM, ALIGN WITH CHANGING USES TECHNOLOGY OR BEST PRACTICES.
AND THEN ULTIMATELY IMPLEMENT THE POLICY DIRECTION THAT IS PROVIDED BY YOURSELVES AND ULTIMATELY THE CITY COUNCIL.
SO THERE ARE, UM, FOUR, I WOULD SAY THREE TEXT AMENDMENTS IN THE FOURTH IS MORE OF A DISCUSSION ITEM UNLESS YOU WANT TO MOVE FORWARD AS A, AS A TEXT AMENDMENT.
UM, THE MR. CRELL? YES, I WANNA EXCUSE.
SO WE DO HAVE SOUND RECORDING.
UM, SO IN FRONT OF US, OR WHAT I WANT TO DISCUSS TODAY, AND THERE ARE THREE, LIKE I SAID, THREE SUGGESTED TEXT AMENDMENTS THAT ARE, I WOULD SAY, FAIRLY WELL BAKED, UM, THAT WE'RE LOOKING FOR YOUR INPUT, UH, AND, AND GUIDANCE AND, UH, APPROVAL OR NOT.
UH, AND THEN THE FOURTH ONE DEALS WITH, UM, SELF STORAGE FACILITIES.
UH, SO I WANTED TO HAVE A LITTLE BIT MORE OF A CONVERSATION ABOUT THAT, UNLESS YOU WANT TO JUST MOVE FORWARD, WHICH WE'LL GET TO THAT.
SO THE FIRST, UH, UM, SO LET ME ALSO START BY SAYING THAT, UM, THESE TEXT AMENDMENTS WERE, UM, LARGELY DRIVEN BY THE SKILL WE CASE, UM, THAT WAS THE ORIGINAL REZONING FOR THE INDIVIDUAL THAT HAD THE, OR HAS THE, UM, UH, VEHICLE REPAIR FACILITY WEST ON, UH, TAYLORSVILLE ROAD.
UM, YOU DID NOT, BZA DIDN'T HAVE THE ABILITY TO, UH, HEAR THE VARIANCE.
WELL, THEY HEARD THE VARIANCE.
THEY DENIED IT BECAUSE THEY DIDN'T HAVE A CHOICE.
UM, THERE WAS THE REZONING THAT, UM, PLANNING COMMISSION RECOMMENDED DENIAL FOR, UM, UH, WHEN WE WENT TO CITY COUNCIL FOR THAT, CITY COUNCIL DIRECTED, UH, ME TO COME UP WITH SOME OPTIONS THAT COULD POTENTIALLY ACCOMMODATE A USE LIKE THAT SHORT OF A, A ZONING CHANGE.
UH, AND SO WHAT YOU HAVE IN FRONT OF ME, IN FRONT OF YOU TODAY ARE A COUPLE
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OF TEXT AMENDMENTS THAT ARE A RESULT OF THAT.UM, AND MY THINKING WAS, SINCE WE'RE DOING SOME, MIGHT AS WELL DO A FEW MORE THAT I'VE NOTICED THAT I THINK ARE, UM, ARE WORTHWHILE.
SO THE FIRST TEXT AMENDMENT IS TO EXPAND THE DEFINITION OF A HOME OCCUPATIONS, WHICH IS SECTION 1120 3.53.
THE CURRENT HOME OCCUPATION DEFINITION IS, IS FAIRLY LIMITED.
UM, AND AS, AS WE SAW THROUGH COVID, THE WORK AT HOME OPPORTUNITIES HAVE EXPANDED GREATLY OVER THE LAST DECADE.
AND THEN OF COURSE, OVER THE LAST TWO YEARS, UM, TECHNOLOGY HAS ADVANCED TO WHERE WORKING AT HOME IS A LOT EASIER.
UH, AND YOU SEE MORE AND MORE COMPANIES KIND OF GOING TO THAT HYBRID MODEL.
ADDITIONALLY, WHAT USED TO BE A TRADITIONAL CONCERN FROM HOME OCCUPATION, WHICH WAS LARGELY DELIVERY VEHICLES, UM, THAT'S LARGELY VANISHED WITH, UH, THE MOVE FOR, TO DIRECT CONSUMER SHIPPING THROUGH AMAZON, FEDEX, ETSY, A LOT MORE PEOPLE ARE GETTING STUFF DELIVER, UH, UH, CHEWY.
A LOT OF PEOPLE GET A LOT OF STUFF DELIVERED TO THEIR HOUSE EVERY DAY.
AND FEDEX, UPS AMAZON TRUCKS ARE PRETTY UBIQUITOUS, UH, IN THE NEIGHBORHOODS.
UH, WHICH WASN'T THE CASE PROBABLY, YOU KNOW, 10, 15 YEARS AGO.
WHAT'S HIGHLIGHTED BOTH IN THE STAFF REPORT, UM, AND IN THIS PRESENTATION ARE THAT THE, THE SIGNIFICANT CHANGES OR SUGGESTED CHANGES FROM THE CURRENT DEFINITION? UM, SO RIGHT NOW, THE HOME OCCUPATION CAN ONLY BE CONDUCTED WITHIN THE ACTUAL DWELLING ITSELF.
UH, I AM SUGGESTING THAT WE ALLOW THE HOME OCCUPATION TO ALSO OCCUR IN AN ACCESSORY BUILDING.
SO THAT COULD BE A DETACHED GARAGE OR IF SOMEBODY BUILDS A HE SHED OR A SHE SHED OR, OR A SMALL OFFICE THAT IS NOT NECESSARILY INSIDE OF THE HOUSE BUT ATTACHED TO OR, OR EVEN JUST AN ACCESSORY BUILDING.
UM, IN ALL CASES THOUGH, THAT HOME OCCUPATION NEEDS TO TAKE PLACE WITHIN THE ENCLOSED BUILDING SO YOU DON'T GET STORAGE OF GOODS AND MATERIALS, THINGS OF THAT NATURE THAT, THAT KIND OF PILE UP.
UM, THE SECOND CHANGE IS, RIGHT NOW THE HOME OCCUPATION IS ONLY LIMITED, UH, TO THAT PERSON RESIDING IN THE DWELLING UNIT.
I'M SUGGESTING THAT WE ALLOW ONE ADDITIONAL PERSON WHO DOES NOT RESIDE THERE TO WORK WHERE THAT, UH, HOME OCCUPATION TAKES PLACE.
YOU HAVE PEOPLE LIKE ME, UH, OR ACCOUNTANTS OR ATTORNEYS THAT COULD HAVE, UH, YOU KNOW, SECRETARY, AN ASSISTANT, SOMEBODY OF THAT NATURE THAT HELPS OUT, UH, IN THE GRAND SCHEME OF THEM THINGS.
ONE ADDITIONAL PERSON, UH, DURING THE DAY WORKING FROM HOME OR WORKING IN THAT DWELLING IS, UH, IS UNLIKELY TO CHANGE THE RESIDENTIAL NATURE OF THAT, UH, OF THAT STRUCTURE.
DO YOU WANT US TO ASK QUESTIONS AS WE GO THROUGH THIS OR WAIT TILL THE END? UM, HOW ABOUT, SO I, HOW ABOUT TO THE END OF EACH ONE? DOES THAT WORK? MM-HMM.
UM, SECOND, THE THIRD IS TO ALLOW, UH, A SIGN ON THE, UH, STRUCTURE FOR THAT HOME OCCUPATION.
UH, RIGHT NOW THE CODE DOESN'T ALLOW ANY SIGNAGE, UH, AT ALL FOR A HOME OCCUPATION.
SO THIS WOULD BE A, UH, BASICALLY A TWO BY TWO, UM, SIGN THAT COULD BE PUT IN THE WINDOW OR ON THE STRUCTURE THAT SHOWS WHAT THE, UM, WHAT THAT, UH, OCCUPATION IS OR THEIR, OR THEIR BUSINESS.
LASTLY, OR SECONDLY, OR THE HOME OCCUPATION, UH, THAT PROVIDES A SERVICE SHALL NOT HAVE MORE THAN TWO CUSTOMERS, UH, INCLUDING THOSE ARRIVING OR WAITING FOR A SERVICE AT ANY TIME.
HOME OCCUPATION AT RIGHT NOW, UM, DOESN'T REALLY LEND ITSELF TO SERVICE ORIENTED TYPE OF, OF, UM, OCCUPATIONS.
SO DURING TAX TIME, IF YOU'RE AN ACCOUNTANT, YOU COULD HAVE ONE PERSON THAT YOU'RE WORKING WITH, UH, AND THEN, UH, ONE PERSON IN THE SORT OF WAITING AREA.
UM, THERE ARE A LOT OF PEOPLE WHO HAVE, UH, YOU KNOW, AT HOME, THEY DO AT HOME HAIR.
YOU COULD HAVE ONE INDIVIDUAL WHO IS, YOU KNOW, WORKING ON THE HAIR AND, AND THE OTHER PERSON, YOU KNOW, DRYING OR, OR WHAT HAVE YOU.
UH, AND THEN THE, THE LAST CHANGE IS TO ADD EXAMPLES OF THE TYPE OF PERMITTED HOME OCCUPATIONS, UM, BARBER OR BARBER SHOP OR BEAUTY SALON WITH A MAXIMUM OF ONE SHARE A LICENSED MASSAGE THERAPIST.
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AND THEN MORE IMPORTANTLY, THIS LAST, UH, ITEM IS TO ALLOW A SIMILAR USE AS DETERMINED BY THE, THE ZONING INSPECTOR.WE CAN'T CREATE AN EXHAUSTIVE LIST OF POSSIBLE, UM, HOME OCCUPATIONS IN THE CODE.
THIS ALLOWS THE ZONING ADMINISTRATOR TO USE, UM, THEIR DISCRETION ON WHAT IS, UH, AN APPROPRIATE HOME OCCUPATION OR NOT IF IT'S NOT OBVIOUS QUESTIONS.
WHEN IT, WELL, ANY OF IT ACTUALLY, I GUESS.
I WAS LOOKING AT, UH, THE SECOND ONE ADDITIONAL PERSON DOES NOT RESIDE AT THE HOME WHERE THE OCCUPATION TAKES PLACE.
UH, WHAT IS THE, DO WE HAVE CONSEQUENCES FOR ANY OF THESE ITEMS THAT WE HAVE LISTED HERE? SO IF ANYBODY VIOLATES THIS, IT WOULD BE A ZONING VIOLATION, LIKE ANY OTHER ZONING VIOLATION.
SO IT WOULD BE, UM, A MA UH, A $500 FINE, I BELIEVE IS WHAT OUR, UH, OUR MAXIMUM CODE ALLOWS.
YOU KNOW, WE WOULD WORK TO BRING THEM INTO COMPLIANCE LIKE WE WOULD WITH ANY OTHER, UM, UH, BUSINESS.
UM, BUT ULTIMATELY IT BALLS UNDER THE SAME CRIMINAL PENALTY STATUTE THAT THE, THAT ANY OTHER ZONING VIOLATION DOES.
SO WE DON'T HAVE TO HAVE A PENALTY FOR EACH ONE.
IT'S ALREADY IN THE ZONING CODE.
AARON, ON NUMBER FIVE WHERE IT TALKS ABOUT SERVICE LOCATION, WHERE MORE, UH, WHERE MORE THAN FOUR EMPLOYEES MEET OR PARK PRIOR TO GOING TO WORK OFFSITE, DO WE NEED TO HAVE ANYTHING IN THERE ABOUT THE, TO TAKE THEIR VEHICLES OFFSITE WITH THEM SINCE THIS IS RESIDENTIAL? OR ARE WE, IS THAT LEAVES IT PRETTY OPEN? UM, SO I'M THINKING OF LIKE A ROOFING COMPANY HAS EVERYBODY MEET UP AT THE HOUSE AND THEY ALL PILE INTO ONE TRUCK AND DRIVE OFF AND LEAVE FOUR CARS PARKED IN FRONT OF THE NEIGHBOR'S HOUSES EVERY DAY.
YOU LOOKING AT NUMBER FOUR? UH, IT'S UNDER NUMBER FIVE ON PAGE THREE ON MY PRINTOUT.
UM, YEAH, SORRY, HE'S LOOKING AT THE STAFF REPORT.
UM, SO WE CAN, WE CAN ADD THAT WHAT THAT REALLY IS IS GOING TOWARDS, UM, SO I BELIEVE THAT'S IN THE ACTUAL, IS IN THE CURRENT, UM, REGULATION.
WHAT THAT IS REALLY AFTER IS SO THAT WE HAVE AN EXAMPLE NOW, WHICH WE'RE WORKING THROUGH, IS SOMEBODY HAVING A HOUSE THAT THEY'RE USING AS A WAREHOUSE, UM, AND CALLING THEIR WAREHOUSE THEIR A HOME OCCUPATION.
THAT'S WHAT THIS IS TRYING TO, TO AVOID OCCURRING.
WE HAVE THAT SITUATION NOW WHERE THERE IS AN INDIVIDUAL WHO HAS A LOT OF RENTAL PROPERTY.
ONE OF THE HOMES IS THE WAREHOUSE.
THIS IS AN ATTEMPT TO ADDRESS THAT.
WHAT ABOUT LIKE, SO THE, THE ROOFERS, LET'S SAY IF I'M THE, IF I HAVE THE ROOFING BUSINESS, I HAVE FOUR PEOPLE MEET UP AT MY HOUSE EVERY MORNING AND WE LOAD UP MY TRUCK AND DRIVE OFF IN A GROUP IN MY TRUCK THAT, THAT IS A 10.
SO THE WAY THIS SAYS IS IT CANNOT NO BUILDING, DA, DA, DA OR SERVE AS A LOCATION WHERE MORE THAN FOUR EMPLOYEES PARK PRIOR TO GOING TO WORK OFFSITE, WHERE EMPLOYEES DO NOT WORK ANYWHERE ON THE PROPERTY.
SO THE I IT'S TO KEEP THAT FROM HAPPENING WHERE YOU HAVE FIVE WORKERS SHOW UP TO YOUR HOUSE AND THEN ALL OF YOU GO SOMEWHERE ELSE, RIGHT.
THAT'S WHAT THIS REGULATION IS TRYING TO AVOID.
SO COULD WE HAVE SOMETHING IN THE LANGUAGE THAT SPELLS THAT OUT MORE CLEAR SO THAT PEOPLE UNDERSTAND THAT THE CARS ARE TO GO BACK OFFSITE ALSO? SO BASICALLY I DON'T COME AND HAVE FIVE CARS PARKED IN FRONT OF YOUR HOUSE FIVE DAYS A WEEK WHILE I TAKE THE PEOPLE WITH ME AND LEAVE THE VEHICLES AT YOUR HOUSE.
I CAN, I CAN ADD THAT, ADD THAT TO THIS.
I I UNDERSTAND WHAT YOU'RE SAYING.
SO THAT'S WHAT THIS IS GETTING AT.
BUT JUST WASN'T VERY CLEAR AND I KNOW YEP.
PEOPLE, IF WE LEAVE ANY OPENING, PEOPLE SAY, WELL, IT DIDN'T SAY THAT.
SO IF THEY MEET AT THE JO, IF THEY MEET AT THE HOUSE AND THEN THEY ALL DRIVE SEPARATELY SOME TO THE OTHER JOB SITE, THAT'S NOT A HOME OCCUPATION, YOU CAN DO THAT RIGHT NOW.
WHAT, WHAT THIS IS TRYING TO AVOID IS WHERE THREE OF YOUR WORKERS OR FOUR OF YOUR WORKERS SHOW UP, THEN YOU TAKE THE COMPANY TRUCK AND YOU'VE GOT THREE OR FOUR ADDITIONAL VEHICLES DURING THE DAY.
THAT'S, THAT'S WHAT I'D LIKE TO SEE CLEAR.
UM, AND THEN ALSO NUMBER NINE,
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IT SAYS, UH, AT THE END OF IT, WITHIN THE RESIDENCE OR ACCESSORY BUILDINGS, UM, IT'S BUILDING.AND A RESIDENTIAL, NO MORE THAN ONE ACCESSORY BUILDING.
UM, YOUR ALLOW I WOULD, THERE ARE SOME PEOPLE WHO HAVE TWO ACCESSORY BUILDINGS.
THEY HAD A LITTLE SHED OR A DETACHED GARAGE.
I WOULD, I WOULD LEAVE IT PLURAL.
THE COATS THAT WE CAN BE CONTAIN TO THE DWELLING OR THE ACCESSORY BUILDING, READING IT LIKE THAT MEANS THEY COULD ACTUALLY BE USING BOTH ACCESSORY BUILDINGS FOR THE BUSINESS THE WAY I WAS READING IT.
SO THE, THE POINT THERE IS TO NOT HAVE OUTDOOR STORAGE OF ANY OTHER STUFF.
AND THEN LAST ONE ON, SO WE TALKED ABOUT THE HYBRID PART.
A LOT OF PEOPLE WORKING FROM HOME MM-HMM.
SO THAT ONE IS GONNA, SO WE'VE BEEN TALKING ABOUT THAT, UM, AS, AS REALLY AS PART OF THE LARGER, UH, COMPREHENSIVE PLAN CONVERSATION, ESPECIALLY NOW THAT, UM, FOR THIS COMING FOR THIS TAX YEAR, YOU'RE GONNA GET A REBATE FROM IF YOU PAID TAXES FOR A JURISDICTION, BUT YOU DIDN'T, BUT YOU WORKED FROM HOME IN A DIFFERENT JURISDICTION.
SO I THINK WE'RE WAITING TO SEE HOW THAT IMPACTS US.
UM, WHEN, WHEN WE LOOK AT THE NUMBERS OF THE, YOU KNOW, THE RESIDENTS WHO COMMUTE OUT TO WORK AND THE TYPES OF JOBS THAT I THINK WOULD LEND THEMSELVES TO WORKING AT HOME, I DON'T THINK HUBER HEIGHTS WILL HAVE AS BIG OF AN IMPACT AS SOME OF THE OTHERS.
UM, BUT I WOULD BE CAUTIOUS ABOUT TYING TAX COLLECTION TO THE ZONING CODE BECAUSE WE DON'T DO THAT IN ANY, WE DON'T MM-HMM.
I JUST DIDN'T KNOW IF IT WOULD, IF THIS IS WHERE WE WOULD DISCUSS THAT, OR IF THAT'S JUST IN FINANCE OR WHOEVER.
BUT YEAH, I THINK WE'RE WAITING TO SEE HOW THAT PLAYS OUT WITH THE, WITH WHAT HAPPENS IN THE APRIL FILINGS AND HOW MANY PEOPLE SUBMIT FOR REFUNDS, ET CETERA.
I DON'T KNOW IF WE HAVE A GOOD HANDLE ON, ON THAT YET.
I THINK EVERY CITY IS CONCERNED ABOUT THAT.
I DOUBT, YEAH, THERE'S NOT A LOT OF SURROUNDING ONES THAT ARE HIGHER THAN ALSO IT'D BE MORE BENEFICIAL OUR WAY INSTEAD OF REFUNDS.
IT'S THOSE CITIES THAT HAVE THE LARGE OFFICE BUILDINGS THAT ARE MOST CONCERNED.
UH, BACK TO NUMBER NINE MM-HMM.
IS IS, WITH THAT EXAMPLE, THAT HOUSE WOULD BE ALLOWED TO BE USED ONLY FOR THAT FOR, FOR STORAGE SO LONG HAS IT MET ALL OF THESE OTHER REQUIREMENTS? NO.
SO THAT WOULD REALLY, UM, TIE UP TO NUMBER FIVE WHERE IT SAYS NO BUILDING OR STRUCTURE SHALL BE USED TO OPERATE A BUSINESS STORE EQUIPMENT OR SUPPLIES USED FOR A BUSINESS OR SERVE AS A LOCATION WHERE SUCH EMPLOYEES DO NOT WORK ANYWHERE ON THE PROPERTY.
SO IT'S, IT'S THAT ONE WHERE AN INDIVIDUAL CLAIMS THEIR HOUSE IS A WAREHOUSE, UM, AS A HOME OCCUPATION.
NUMBER FIVE IS TRYING TO AVOID, UM, THAT OCCURRING.
UM, IF, SO, IF YOU'RE, IF YOU'RE A LANDLORD, YOU HAVE A HOUSE, YOU DON'T LIVE THERE, BUT YOU'RE STILL CLAIMING THAT THAT SECOND RENTAL, THAT OTHER PROPERTY, UH, AS A WAREHOUSE, AS A HOME OCCUPATION.
NUMBER FIVE IS TRYING TO AVOID THAT FOR OR GIVING US TEETH TO, TO KEEP THAT FROM OCCURRING.
NUMBER NINE IS MAKING SURE THAT WHEN, IF YOU HAVE A LANDSCAPING COMPANY OR YOU HAVE A MOWING COMPANY, THAT YOU'RE NOT STORING ALL OF YOUR STUFF IN YOUR YARD EFFECTIVELY, THAT IT'S ENCLOSED.
I, I'M STILL UNCLEAR AS TO, UH, THE EXAMPLE THAT YOU GAVE SOMEONE THAT OWNS SEVERAL PROPERTIES AND THEY USE ONE OF THEM TO STORE EVERYTHING FROM THE EXTERIOR.
YOU KNOW, THEY MAINTAIN AS A RESIDENCE AND IT IS IN A RESIDENTIAL AREA, BUT THEY HAVE NO INTENTION OF RENTING IT BECAUSE THEY'RE USING IT FOR STORAGE.
IS THAT ALLOWED OR NOT ALLOWED IN ANY OF THIS? NOT, NO.
NOT IF IT'S ZONED IN A RE NOT IF IT'S ZONED IN A RESIDENTIAL AREA.
BECAUSE OF WHICH ONE? BECAUSE NUMBER, UH, FIVE.
AND, UH, WHY IS THAT? IS THAT, HAS THAT BEEN AN ISSUE, I GUESS IS WHAT I'M ASKING? HAVE YOU HAD A PROBLEM WITH THAT? IT HASN'T BEEN A BIG ISSUE HERE.
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HAS BEEN ISSUES IN, IN OTHER AREAS WHERE YOU HAVE, UM, PEOPLE WHO, YOU KNOW, ARE BASICALLY USING A HOME AS A SECOND HOUSE OR A SECOND STRUCTURE CUZ THEY BUY IT CHEAP.UM, WE DON'T HAVE THE PROPERTY, VAL, THE CHEAP PROPERTY VALUES THAT LEND ITSELF HERE.
BUT IT HAS BEEN AN ISSUE IN OTHER COMMUNITIES WHERE ESSENTIALLY SOMEBODY IS, IS, IS USING A RESIDENTIAL STRUCTURE BECAUSE IT'S CHEAP OR THEN BUY THEN RENTING A WAREHOUSE AS ESSENTIALLY A WAREHOUSE.
AND THAT'S WHAT WE'RE TRYING TO AVOID.
JUST ONE OTHER PIECE OF, OF ENFORCEMENT, UH, ABILITY.
SO WE'RE TRYING TO AVOID THE PROBLEM.
IT'S NOT ONE THAT WE HAVE NOW.
ANY OTHER QUESTIONS ON HOME OCCUPATIONS CARRY? OKAY, SO THE, THE TEXT AMENDMENT'S TWO AND THREE, UM, ARE REALLY TO EXPAND THE SPECIAL USES OR TO, YEAH, TO EXPAND THE SPECIAL USES WITHIN THE AGRICULTURAL DISTRICT.
UM, THIS IS A DIRECT RESULT OF THE SKILL WE CASE.
UM, WHEN YOU LOOK AT THE AGRICULTURAL ZONING DISTRICT, THERE ARE VERY, THERE ARE LIMITED SPECIAL USES, UH, AND WE THINK THAT EXPANDING THEM, UH, COULD WITH APPROPRIATE, UM, STANDARDS COULD PROVIDE MAINLY THE BZA WITH ADDITIONAL OPTIONS.
IF, UH, IF A CASE LIKE THIS WERE TO ARISE AGAIN, THE BENEFIT OF, UH, ALLOWING OR EXPANDING THE SPECIAL USE, UM, UNLIKE A ZONING OR A VARIANCE, A REZONING OR A VARIANCE, THE SPECIAL USE PERMIT EXPIRES IF THAT USE IS DISCONTINUED, UH, WITHIN A YEAR OR AFTER A YEAR, WHEREAS A VARIANCE RUNS WITH THE LAND AND A REZONING, UH, STAYS REZONED, THAT PROPERTY STAYS REZONED UNTIL THERE'S A LEGISLATIVE, UH, ACTION BY THE, UH, THE CITY COUNCIL.
THE SPECIAL USE PERMIT EXPIRES IF THAT, IF THAT USE IS VOLUNTARILY DISCONTINUED WITHIN A YEAR.
UM, SO IT'S, IT'S AN EASIER MECHANISM TO CONTROL, UM, THOSE TYPES OF, OF USES IF THEY, IF THEY STOP.
SO THE FIRST ONE IS, UM, BED AND BREAKFASTS.
UM, WHEN, WHEN WE HAD THE, THE CASE, UM, THERE WERE, THERE WAS AN ISSUE OF A BED AND BREAKFAST OR A POTENTIAL BED AND BREAKFAST BEING, UH, BEING OPERATED.
THE, THE ZONING CODE, HUB RIDE ZONING CODE DOESN'T ALLOW BED AND BREAKFAST.
UM, AND SO WHILE I THINK THERE IS PROBABLY A LIMITED MARKET FOR THAT HERE, UM, THERE ARE SOME UNIQUE OLD FARMHOUSES THAT ARE ALONG TAYLORSVILLE OR CHAMBERSBURG, UM, THAT I THINK COULD LEND THEMSELVES TO, UH, A BED AND BREAKFAST TYPE OF ESTABLISHMENT.
AND, UM, LIKE I SAID, I DON'T THINK IT'S A BIG MARKET, BUT IT COULD BE ANOTHER, UH, ANOTHER USE.
SO THE DEFINITION OF A BED AND BREAKFAST IS, OR MY DEFINITION OF A BED AND BREAKFAST IS, IT'S A PLACE, A LODGING THAT PROVIDES FOUR OR FEWER ROOMS FOR RENT ON A TEMPORARY BASIS.
IT'S THE OWNER'S PERSONAL RESIDENCE.
IT'S OCCUPIED BY THE OWNER AND AT THE TIME OF RENTAL.
UM, AND, AND WHERE MEALS MAY BE SERVED TO GUESS.
SO UNLIKE AIRBNB OR A HOTEL MOTEL, THE OWNER LIVES ON SITE, THAT'S WHAT IS THE DISTINGUISHING FACTOR OF A BED AND BREAKFAST.
SO AIRBNB DOES NOT FALL UNDER THIS DOES NOT, DO WE HAVE ANY PLACE WHERE IT DOES? WE DON'T.
UM, WHAT WE HAVE BEEN, WE HAVE THE FEW THAT THERE ARE, THERE'S ONLY A HANDFUL, UM, IN HUBER HEIGHTS.
UM, WHAT WE HAVE TOLD PEOPLE WHO HAD, WHO WANTED TO DO AIR AIRBNB IS, WE'VE SAID THEY'RE, THEY'RE NOT PROHIBITED.
UM, THEY'RE NOT NECESSARILY OUTRIGHT PERMITTED EITHER BECAUSE WE'RE JUST SILENT ON IT.
UM, MOST COMMUNITIES DON'T REGULATE AIR AIRBNB THROUGH ZONING.
UH, IT'S MORE OF A BUSINESS LICENSING BECAUSE THE ISSUE WITH AIRBNBS, UH, IS THE HOTEL MOTEL TAX AND THE TAX COLLECTION THAT, THAT OCCURS.
NOT NECESSARILY THE, THERE ARE SOME ISSUES OF THE TRANSIENT NATURE AND THE, THE CHANGE OF, OF OCCUPANCY WEEKLY.
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BUT THE BIGGER ISSUE FOR MOST CITIES IS THE FACT THAT AIRBNB, MOST, I SAY MOST, A NUMBER OF AIRBNB OPERATORS, UM, HAVEN'T HISTORICALLY PAID THE HOTEL MOTEL TAX.IT'S NOT COLLECTED AUTOMATICALLY, OR AT LEAST IT HASN'T BEEN HISTORICALLY COLLECTED AUTOMATICALLY BY AIRBNB.
THAT HAS CHANGED IN CERTAIN CITIES WHERE THEY'VE GONE AFTER THE, THE AIRBNB CORPORATION AND THEY'VE, UH, BASICALLY ENTERED INTO AGREEMENTS WITH EACH CITY.
UM, BUT HISTORICALLY AIRBNBS HAVE BEEN CONTROLLED THROUGH BUSINESS LICENSING.
UM, AND WHETHER OR NOT WE SHOULD HEAD DOWN THAT PATH, UM, AS I SAID, I'M NOT SURE THE JUICE IS WORTH THE SQUEEZE YET, BECAUSE THE LAST TIME I LOOKED WHEN I WAS PUTTING THE RECOMMENDATIONS TOGETHER, THERE WERE, I BELIEVE, SEVEN AIRBNBS THAT WERE AVAILABLE IN HUBER HEIGHTS.
UH, ANYTHING FROM A STUDIO APARTMENT TO A WHOLE HOUSE.
SO I DON'T SEE A HUGE MARKET HERE.
WE HAVEN'T GOTTEN ANY COMPLAINTS ABOUT 'EM THAT I'M, THAT I'M AWARE OF.
IF THE PLANNING COMMISSION WOULD LIKE US TO COME UP WITH, UM, WITH SOME DRAFT REGULATIONS, WE CAN CERTAINLY DO THAT.
UM, BUT TO YOUR, DIRECTLY TO YOUR QUESTION, BED AND BREAKFAST ARE DIFFERENT THAN AIRBNBS BECAUSE SPECIFICALLY THE OWNER LIVES ON SITE NOW YOU CAN, YOU CAN RENT A BED AND BREAKFAST THROUGH THE AIRBNB APP, UH, NOWADAYS.
UM, SO YOU COULD USE IT IF IT, IF THAT APP, IF, UH, IF THERE IS A BED AND BREAKFAST THAT USES THAT TO AS THEIR RESERVATION SYSTEM IN THAT PARTICULAR APPLICATION, WHICH I'VE NEVER SEEN.
SO I DON'T KNOW, UH, DOES IT SAY, DOES IT ADDRESS TAXES? SO THE LAST TIME I USED ONE WAS IN NEW ORLEANS AND IT DID, BECAUSE I BELIEVE NEW ORLEANS, WHICH IS A, IT'S A HUGE TOURISM, THAT'S THE CITY IN, UM, I THINK THEY HAVE AN AGREEMENT.
AND SO ALL OF THOSE TAXES WERE REMITTED WHEN I LOOKED HERE, UM, I WASN'T PAYING THAT CLOSE OF ATTENTION TO THAT.
I WAS MORE LOOKING AT WHAT'S THE COUNT AND WHERE ARE THEY JUST TO SEE IF THIS IS REALLY AN ISSUE OR NOT.
UM, HOW ARE YOU AWARE OF THE SEVEN THAT ARE IN THE CITY? HAVE YOU HAD COMPLAINTS OR? I LOOKED ON THE APP TO SEE IF I COULD RENT, UH, AN AIRBNB IN HUBER HEIGHTS.
UH, AND THEY POPPED UP THAT WERE AVAILABLE WHEN THE WEEK I WAS LOOKING JUST TO SEE HOW MANY THERE WERE.
AND AT THAT TIME THERE WERE APPROXIMATELY SEVEN.
BUT WE HAVE NOT GOTTEN ANY COMPLAINTS THAT I'M AWARE OF.
I WOULD THINK THAT PROBABLY, UH, OUR CLOSE PROXIMITY TO WRIGHT PATTERSON WOULD BE A POTENTIAL BUT, UM, UH, INCREASE IN, UH, THESE KINDS OF THINGS.
IT, IT IS SOMETHING MAYBE WE CAN PUT ON THE BACK BURNER, BUT, UH, NEEDS TO BE, IF IT NEEDS TO BE CONTROLLED, THEN YOU CAN CERTAINLY LET US KNOW, I GUESS.
UM, SO AS FAR AS THE, THE DEVELOPMENT STANDARDS OR THE STANDARDS THAT THE BZA WOULD USE TO JUDGE WHETHER OR NOT TO GRANT THE SPECIAL USE PERMIT, UM, IS A BED AND BREAKFAST ESTABLISHMENT SHALL ONLY BE PERMITTED WITHIN A SINGLE FAMILY DETACHED DWELLING OR ACCESSORY STRUCTURE UNLESS OTHERWISE APPROVED BY THE BZA.
I COULDN'T THINK OF NECESSARILY A SITUATION WHERE IT WOULD NOT BE IN A SINGLE FAMILY OR DETACHED DWELLING OR AN ACCESSORY STRUCTURE.
BUT I HAVE THAT OPTION IF SOMETHING POPS UP THAT I CAN'T THINK OF THAT GIVES THE BZA DISCRETION.
IT SEEMS TO ME THE WAY THAT'S WRITTEN THAT IT HAS TO BE WITHIN A SINGLE FAMILY DETACHED DWELLING OR ACCESSORY BUILDING THAT IT, THAT IT'S NOT A SINGLE FAMILY.
UM, INSTEAD OF, OR DETACHED DWELLING.
IT SOUNDS TO ME LIKE IT MUST BE A DETACHED, IT HAS TO BE IN A SINGLE FAMILY DETACHED HOUSE.
SO IF, IF YOU HAVE A, A CONDO, YOU COULD NOT USE YOUR CONDO AS A, AS A, UH, BED AND BREAKFAST UHHUH, A TOWNHOUSE OR A TOWNHOUSE OR SOMEWHERE YOU'VE GOT NEIGHBORS THAT, THAT YOU'RE GONNA BOTHER BY RUNNING.
SO WHEN YOU'RE, WHEN YOU'RE SAYING THE DETACHED DWELLING, THE, THE DETACHED DWELLING IS THE RESIDENCE ITSELF.
IT'S NOT A DETACHED DWELLING FROM THE RESIDENCE'S HOUSE.
AND THAT'S THE WAY I WAS READING IT, SORRY.
SO, UM, SO REMEMBER, UH, THE WAVERLY SUBDIVISION, SO YOU COULDN'T RUN A BED AND BREAKFAST ON THE ATTACHED DOUBLES THAT THEY WERE, UH, BUILDING.
[00:30:01]
BECAUSE WE, WE DON'T WANT THAT.WE DON'T WANNA CAUSE THAT CONFLICT BETWEEN, WITH THE NEIGHBOR THAT SHARES A COMMON WALL.
UM, SECONDLY THAT THE, UH, THE OWNER ON THE OF THE PREMISES SHALL RESIDE FULL TIME IN THE DWELLING OR IN A DWELLING ON ADJACENT LOT.
UM, NO MORE THAN FIVE BEDROOMS IN ANY DWELLING SHALL BE USED FOR THE BED AND BREAKFAST.
UM, AND AT LEAST ONE BATHROOM SHALL BE DEDICATED FOR GUEST USE.
UM, THERE SHOULD BE ONE OFF STREET PARKING SPACE PROVIDED FOR EACH BEDROOM.
THE FIFTH IS THAT, UM, THERE SHALL BE NO CHANGE IN THE OUTSIDE APPEARANCE OF THE BUILDING OR PREMISES, UH, OR OTHER VISIBLE EVIDENCE OF THE CON OF THE CONDUCT OF THE BED AND BREAKFAST THAT, UH, THAT THE BUILDING'S BEING USED.
UH, MEALS CAN BE PROVIDED FOR COST, UH, IN A BED AND BREAKFAST ESTABLISHMENT.
UM, BUT THEY'RE ONLY SERVED TO GUESTS.
SO ESSENTIALLY YOU'RE NOT RUNNING A RESTAURANT, UM, FOR EVERYBODY ELSE.
UH, AND THAT GUEST SHALL BE PERMITTED TO RESIDE AT THE FACILITY FOR NOT LONGER THAN THREE CONTINUOUS WEEKS.
LIKE I SAID, I THINK THERE'S A LIMITED MARKET, UM, IN HUBER HEIGHTS.
A LOT OF OUR SURROUNDING JURISDICTIONS ALLOW IT.
I THINK IT SHOULD BE SOMETHING THAT WE ALLOW FOR THOSE UNIQUE HOUSES THAT, THAT MAY LEND THEMSELVES TO THIS TYPE OF, UM, ACTIVITY.
I'M, I'M JUST LOOKING AT NUMBER SIX.
UM, DO WE REALLY WANNA GET INTO PROVIDING MEALS? BECAUSE I KNOW THERE'S A LOT OF HEALTH PERMITS AND OTHER THINGS THAT ARE REQUIRED.
UH, IF YOU DO THAT, IF YOU, IF YOU EVEN MENTION MEALS AND OR, AND THAT'S NOT WHAT USUALLY IS.
BREAKFAST IS USUALLY, SO YEAH, IT IS.
I'M, I'M STILL THINKING OF THE OTHER, UH, YEAH.
WHAT WE DIDN'T WANT IT TO BE WAS TURN INTO A, UH, A LUNCH DINNER RESTAURANT.
SO IT'S, IT'S ONLY SERVING MEALS, TYPICALLY BREAKFAST TO THE GUESTS ONLY MR. JEFFRIES, AARON, GOING BACK TO THE BEGINNING ABOUT THE, UH, SPECIAL USE PERMIT EXPIRES IF THE USE IS DISCONTINUED FOR MORE THAN ONE YEAR.
WHAT IF IT'S NOT DISCONTINUED, BUT IT CHANGES OWNERSHIP? UM, SO IT, IT'S ABOUT THE USE, NOT WHO OWNS IT.
SO AS IF SOMEBODY WERE TO BUY, LET'S SAY FOR THE EXAMPLE, THE BED AND BREAKFAST, THEY CAN CONTINUE TO USE IT AS PERMITTED.
NOW, ONCE THE USE STOPS FOR A YEAR, THEN THE PER THE SPECIAL USE PERMIT GOES AWAY, THEY WOULD HAVE TO REAPPLY.
BUT CHANGE OF OWNERSHIP DOESN'T CHANGE THE USE.
UM, ON NUMBER ONE ON YOUR LIST UP HERE, TALKING ABOUT THE ACCESSORY STRUCTURES, I KNOW IT'S NOT A BIG DEAL AROUND HERE, BUT I KNOW IN SOME AREAS THEY HAVE THE ADUS MM-HMM.
UM, WE, WE DON'T PERMIT THEM, UM, AS WE DON'T PERMIT THEM AT ALL, REALLY.
UM, I THINK WE, THAT'S SOMETHING THAT WE SHOULD LOOK INTO AS FAMILIES ARE, YOU KNOW, AGING PARENTS, ET CETERA.
AND, AND REALLY THE DISCUSSION IS, UM, WHETHER WE ALLOW BOTH ATTACHED ADUS, WHICH YOU COULD, YOU COULD BUILD AN ACCESSORY DWELLING UNIT CONNECTED BY A BREEZEWAY, AND TECHNICALLY IT'S PART OF THE, THE SAME STRUCTURE, UH, OR WHETHER WE ALSO ALLOW DETACHED, UM, ACCESSORY DWELLING UNITS.
SO, UM, IT'S KIND OF ON MY TO-DO LIST.
UM, WE HAVEN'T HAD, UP UNTIL RECENTLY, WE HAVEN'T HAD ANYBODY ASK ABOUT IT.
UM, BUT WE'VE HAD ONE PERSON INQUIRE, UM, ABOUT IT.
REALLY WHAT THEY'RE ASKING TO DO IS BUILD SORT OF A SECOND HOUSE, WHICH WOULD BE AN ACCESSORY DWELLING UNIT ON THEIR PARENTS' PROPERTY.
UM, BUT THAT'S THE FIRST TIME THAT THAT'S BEEN BROUGHT UP SINCE I'VE BEEN WITH THE CITY WITH THE POPULARITY OF TINY HOMES.
I THINK WE'RE GONNA BE HERE MORE ABOUT IT.
AND SO I THINK, YOU KNOW, WHAT WE NEED TO TALK ABOUT IS WHAT'S THE MINIMUM LOT SIZE, WHERE IS IT APPROPRIATE, THAT KIND OF, THAT KIND OF THING.
I DON'T THINK INHERENTLY THERE'S ANYTHING WRONG WITH AN ADU.
I JUST WANNA MAKE SURE THAT WE'VE GOT THE RIGHT PARAMETERS OF, OF WHERE AND, AND HOW IT CAN BE PLACED ON THE LOT.
AND THEN, UM, AS FAR AS THE, UM, NUMBER TWO, I'M SORRY, NUMBER THREE, NO MORE THAN FOUR BEDROOMS.
[00:35:02]
DO, DO WE HAVE ANYTHING THAT WE NEED AS FAR AS A STANDARD, AS FAR AS NUMBER OF GUESTS? NO, I MEAN THOSE PRETTY MUCH KIND OF JUST THE, THEY WORK THEMSELVES OUT MOST, UH, MOST.SO THE BED AND BREAKFAST I'VE STAYED IN, IT'S USUALLY LIMITED TO TWO PEOPLE AND MAYBE A SMALL CHILD.
UM, THEY'RE NOT SPACIOUS PLACES.
THEY'RE OLD FARMHOUSES THAT, YOU KNOW, THEY TYPICALLY HAVE SOME KIND OF HISTORIC CHARM.
WHAT'S, WHAT MAKES THEM UNIQUE RATHER THAN STAYING IN A HOTEL, YOU KNOW, A TYPICAL HOTEL.
UM, SO THE, THE TYPE OF TRAVELER THAT GRAVITATES TOWARDS A BED AND BREAKFAST PROBABLY IS NOT CHAR TRAVELING WITH A, A LARGE FAMILY.
AND PART OF THIS MIGHT TIE INTO THE CONCEPT OF THE AIRBNB INSTEAD OF AN ACTUAL BED AND BREAKFAST, BUT LIKE, SO YOU HAVE SOME, LIKE YOU SAID, NEW ORLEANS, MIAMI, THEY'VE HAD PROBLEMS WITH PARTY HOUSES.
THERE ARE PEOPLE THAT BUY HOMES THAT ARE STRICTLY AIRBNBS MM-HMM.
SO IF WE DO GO DOWN THAT PATH OF CODE AT SOME POINT, I DON'T KNOW IF THAT'S A PER BED OR A PER SLEEPER CODE WE SHOULD HAVE, OR IF WE NEED TO DISCUSS, YOU KNOW, MINIMUM DAYS INSTEAD OF MAXIMUM DAYS ALSO IN THOSE, SO THEY'RE NOT BEING, YOU KNOW, CRASH PADS FOR A PARTY HERE AND A PARTY THERE IN THE NEIGHBORHOODS.
AGAIN, RESIDENTIAL, NOT AS BIG A DEAL.
BUT AGAIN, THAT MIGHT BE IF WE DO THE BNBS AIRBNB SIDE, UM, OR OF, DO WE, DO WE HAVE ANY, ANY SPECIFIC CODE CURRENTLY FOR SHORT TERM RENTAL RULES? I KNOW WE HAVE A LOT OF RENTALS IN THE CITY, BUT WE DON'T, AND SO THAT'S THE PART ABOUT, YOU KNOW, TECHNICALLY AIRBNB IS A SHORT TERM RENTAL.
WE, WE ARE SILENT ABOUT THAT IN THE, IN THE CODE.
UM, AND, AND SO THAT'S AN AREA THAT I THINK WE SHOULD START THINKING ABOUT A LITTLE BIT.
BUT WE HAVEN'T, AGAIN, HAVEN'T HAD ANY COMPLAINTS, HAVEN'T HAD A LOT OF INTEREST IN IT, BUT, UM, NOT TO SAY WE WON'T.
SO TECHNICALLY, I MEAN, WITHOUT THIS CHANGE, NOBODY'S VIOLATING ANY RULES SINCE WE HAVE NO RULE AGAINST SHORT TERM RENTAL AND THEY'RE RENT IT AND STAYING ON SITE.
SO THERE'S NO CODE VIOLATION RIGHT NOW ANYWAY.
THIS REALLY JUST, UM, ENFORCE REINFORCES THE, THE, THE ALLOWABLE OR THE PERMITTED NATURE OF THIS TYPE OF ABUSE.
SO THERE'S NO QUESTIONS ABOUT BEN AND BREAKFAST.
AND THEN I THINK YOU COVERED LIKE, TO, TO JAN'S POINT ABOUT WITH COOKING OR NUMBER OF PEOPLE SHARING BATHROOMS, SHARING SPACE, I'M ASSUMING THERE'S NO HEALTH STANDARDS ON OUR SIDE AS FAR AS ANYTHING TO PUT INTO PLACE.
THEY'LL NEED TO BE LICENSED BY THE HEALTH DISTRICT FOR ALL OF THAT.
WE, WE TYPICALLY, YOU KNOW, WE DON'T GET INTO THAT, THAT SIDE OF THE, SO THEY WOULD, THEY DO HAVE THAT.
THEY'LL HAVE TO HAVE A COMMERCIAL KITCHEN AND, AND ALL THAT GOOD STUFF.
SO I MEAN, THERE'S A, THERE'S AN INVESTMENT THAT IT TAKES.
YOU JUST CAN'T ROLL OUT A FEW ROLL AWAY BEDS AND, AND PUT UP A SHINGLE AND CALL IT A BED BREAKFAST.
IT, IT TAKES SOME, SOME EFFORT.
THE, I GUESS I'D, I'D HAVE A CONCERN ON THE FACT OF THE CHANGE OF OWNERSHIP PART THAT IF, IF I JUST TAKE OVER BY YOUR HOUSE, I GET TO KEEP YOUR BUSINESS GOING IF IT'S NO DIFFERENT THAN ANY OTHER BUSINESS THOUGH.
SORT OF THE NEXT ONE IS, WELL, I MEAN FROM A ZONING PERSPECTIVE, THE USE IS THE USE REGARDLESS OF WHO OWNS IT.
RIGHT? I MEAN, HOW WE'RE GETTING HERE ON THE NEXT ONE IS DIFFERENT THAT LIKE, YEAH.
SO I'M SAVING THE BEST FOR LAST ON THAT ONE.
ANY OTHER QUESTIONS ABOUT THE BED AND BREAKFAST? OKAY.
UM, SO TEXT AMENDMENT NUMBER THREE FOR YOUR CONSIDERATION WOULD BE TO, UM, ALLOW AUTOMOTIVE, UH, OR VEHICLE AUTOMOTIVE AND VEHICLE REPAIR INDOORS ONLY, UM, IN THE AGRICULTURAL DISTRICT, UM, WITH A SIGNIFICANT SET OF STANDARDS.
UM, PART OF THE DIRECTION THAT WAS, THAT, THAT I WAS GIVEN WAS TO, UM, THINK ABOUT KIND OF THE, THE LEAST IMPACTFUL, LET ME REPHRASE THAT.
THE WAY TO ACCOMMODATE CERTAIN TYPES OF BUSINESSES, PROTECTING THE INTERESTS OF THE ADJACENT, UM, PROPERTY OWNERS AND RESIDENTS.
UM, BUT SHORT OF A ZONING CHANGE OR, OR A USE VARIANCE, UH, OR THAT, THAT RESPECT.
UM, S AND AND MY THINKING BEHIND THIS WAS IF WE CREATE, UM, AUTOMOTIVE, UH, VEHICLE REPAIR INDOORS ONLY AS A SPECIAL USE, THERE IS A REVIEW BY THE BZA, UM, AS TO, UM, WHETHER OR NOT THAT LOCATION IS APPROPRIATE, UM, RATHER THAN IF IT, WHAT SOME COMMUNITIES ALLOW AUTO REPAIR AS
[00:40:01]
A HOME OCCUPATION.UM, I THINK THAT'S A BRIDGE TOO FAR HERE.
UM, THE ALLOWING IS AS A SPECIAL USE DOES ALLOW FOR THE REVIEW BY BZA.
SO THE STANDARDS THAT, UM, I'M SUGGESTING ARE THAT THE ACTIVITIES BE LIMITED TO THE SERVICING OF MOTOR VEHICLES, EXCUSE ME, WITH MINOR REPAIR WORK, INCLUDING ENGINE AND TRANSMISSION REPAIR, AND THAT ALL ACTIVITIES BE PERFORMED IN AN ENCLOSED BUILDING, NO BODY WORK OR PAINTING.
UM, THE STORAGE OF NON OPERATIONAL VEHICLES FOR LONGER THAN ONE WEEK IS PROHIBITED.
UM, RIGHT NOW WE BASICALLY SAY YOU CAN'T STORE JUNK VEHICLES ON PROPERTY.
THE O C THE HIGH REVISED CODE DEFINITION OF A JUNK VEHICLE IS A PRETTY, DEPENDING ON HOW YOU LOOK AT, IT'S A PRETTY HIGH BAR TO TO CONSIDER IT A JUNK VEHICLE.
THERE'S A MINIMUM AGE, THERE'S A MINIMUM, THERE'S A MINIMUM VALUE.
UM, AND SO YOU CAN HAVE A NON OPERATIONAL VEHICLE.
UM, BUT ACCORDING TO THE OHIO REVISED CODE, IT'S NOT JUNK.
UM, SO WHAT I'VE ADDED IN HERE IS THAT, UM, VEHICLES MUST BE ABLE TO MOVE AT LEAST A HUNDRED FEET UNDER THEIR OWN POWER WITHIN 24 HOURS NOTICE BY THE CITY.
UM, THAT WAY WE HAVE A SORT OF A, A WAY TO DISTINGUISH BETWEEN OPERATIONAL, NON OPERATIONAL.
AND WE'RE NOT GETTING INTO A BACK AND FORTH ABOUT IS THIS JUNK OR NOT.
IT HAS TO OPERATE UNDER ITS OWN POWER WITHIN 24 HOURS NOTICE BY US OR IT'S NON OPERATIONAL.
UM, ALL VEHICLES SHALL BE REQUIRED TO HAVE A VALID LICENSE PLATE.
FOUR STANDARD IS PARKING, STORAGE, OR SALVAGING OF JUNK VEHICLES AS DEFINED BY THE O C SHALL BE PROHIBITED.
UM, THE BUILDING SHALL BE SET BACK A MINIMUM OF 25 FEET FROM ANY ADJACENT LOT AND 200 FEET FROM ANY RESIDENTIAL STRUCTURE.
UM, WE WANT TO SEE THAT, THAT, THAT SEPARATION.
SO I DON'T THINK EVERY, NOT EVERY, UH, AGRICULTURAL LOT IN HUBER HEIGHTS IS GONNA WORK.
UH, MOST, I SHOULDN'T SAY MOST, A LOT, UH, MANY OF THE, UH, AGRICULTURAL ZONE LOTS ARE ONLY 200 FEET WIDE ANYWAY.
UM, SO WHAT THIS WOULD REQUIRE IS THAT THAT ACCESSORY STRUCTURE PROBABLY BE PUSHED PRETTY FAR TO THE REAR OF THE PROPERTY AWAY FROM AT LEAST 200 FEET AWAY FROM ANY OF THE OTHER, UH, ADJACENT RESIDENTIAL STRUCTURES.
THE PARKING FOR THE STORAGE OF VEHICLES, WHETHER OPERATIONAL OR NON OPERATIONAL, SHALL BE A MINIMUM 35 FEET FROM, UH, ANY ADJACENT RESIDENTIAL LOT SO THAT WE'RE NOT PARKING CARS RIGHT UP TO THE PROPERTY LINE.
UM, AND THEN ANY PARKING AREA WITHIN A HUNDRED FEET OF AN ADJACENT RESIDENTIAL LOT SHALL BE SCREENED BY A SIX FOOT SOLID FENCE DENSE EVERGREEN VEGETATION WITH A HEIGHT OF AT LEAST EIGHT FEET WITHIN TWO YEARS OF PLANTING.
SO AGAIN, IF YOU'RE GONNA DO THIS, UM, IT'S GONNA TAKE, IT'S GONNA TAKE SOME INVESTMENT TO BUY THAT INDIVIDUAL.
UM, AND IT IS UNLIKELY YOUR AVERAGE SHADE TREE MECHANIC IS, UH, GONNA WANT TO GO THROUGH THIS PROCESS
SO SOMEBODY THAT IS IN A, IN A AGRICULTURE AREA THAT HAS, IS WANTING TO DO THE WORK OUT OF THEIR GARAGE, IS THIS ELIMINATES THAT? YOU KNOW, I DON'T, IT DEPENDS ON WHERE THEIR GARAGE IS SITUATED ON THE LOT.
SO IF THEIR HOUSE IS SET REALLY FAR BACK FROM ANY OTHER RESIDENTIAL PROPERTY, THEY MAY BE ABLE TO DO THAT.
IF THEY ONLY HAVE FIVE ACRES AND THEIR HOUSE IS 40, 50 FEET OFF THE FRONTAGE OF THE ROAD LIKE EVERYBODY ELSE'S, THEY'RE PROBABLY NOT GONNA MEET THIS DEFINITION IN THE ATTACHED GARAGE WITH THE HOUSE.
THEY COULD BUILD AN ACCESSORY STRUCTURE PUSHED IN THE BACK IF THEY SO CHOOSE.
MS. VAGO, THIS AMENDMENT ONLY ADDRESSES AGRICULTURAL ZONING.
DO WE HAVE OR DO WE PLAN TO ADDRESS, RE ALLOW ANY ALLOWANCE IN ANY RESIDENTIAL? NO, UM, SO WHEN I WAS KICKING AROUND IN MY HEAD VARIOUS WAYS TO KIND OF PEEL THIS ONION, UM, MY FIRST THOUGHT WAS LET'S
[00:45:01]
MAKE THIS A HOME OCCUPATION, UM, ON MINIMUM LOT SIZES OF THREE ACRES OR MORE.BECAUSE WHEN I LOOK AT THE, THE SIZE OF THE RESIDENTIAL LOTS IN YOUR, YOUR R ONE AND YOUR A ARE FAIRLY SIMILAR, BUT WHAT I WAS WANTING TO AVOID IS SMALL LOT BASICALLY, UM, CAR REPAIR BUSINESSES.
UM, SO THREE ACRES MINIMUM PRETTY MUCH PUSHED IT OUT TO THE, UM, EITHER R ONE OR AGRICULTURAL DISTRICT ANYWAY.
UM, AND AS YOU KNOW, I STARTED WHEN I'M JUST GOING THROUGH THE PROS AND CONS, IT MADE SENSE TO ME TO LIMIT THIS JUST TO THE AGRICULTURAL DISTRICT, UM, AND NOT EXPAND TO THE ANY OF THE RESIDENTIAL DISTRICTS.
CUZ I DON'T THINK WITH, WITH FEW EXCEPTIONS, THERE'S REALLY NOT THAT MUCH ROOM.
WELL, I, I JUST HAVE A COMMENT THAT HAS TO DO WITH MY PREVIOUS WORK EXPERIENCE.
I CAN TELL YOU BECAUSE I HAVE LISTED HOMES AND I HAVE ALSO SOLD HOMES IN A RESIDENTIAL AREA AND HUBER HEIGHTS THAT HAVE A DETACHED GARAGE WHERE THEY ARE DOING AUTOMOTIVE REPAIR.
NOW ARE WE SETTING OURSELF UP FOR ANOTHER SITUATION LIKE THE SKILL LIKE ON TAYLORSVILLE OR WHEREVER THAT WAS ROAD THAT BY ELIMINATING BY ADDRESSING IT OR, OR, OR PUTTING IT ONLY TO AGRICULTURE, UH, IF AN NEXT DOOR NEIGHBOR COMPLAINS, UH, AND THE ONES I'M THINKING OF PARTICULARLY RIGHT NOW, UH, THEY WERE, UM, THEY WERE TWO CAR DETACHED GARAGE AND THEY HAD, UH, EIGHT FOOT PRIVACY FENCE, UH, WITH A SEPARATE DRIVEWAY.
UM, SO I KNOW THAT THEY EXIST NOW IN HUBER HEIGHTS.
WHAT ARE WE GOING TO DO? OR, OR HAS THERE BEEN AN ISSUE? HAVE YOU HAD A PROBLEM? OUR COMPLAINTS, TO MY KNOWLEDGE, WE HAVE NOT HAD ANY COMPLAINTS.
UM, WE HAVEN'T HAD ANY COMPLAINTS SINCE I'VE BEEN HERE ABOUT REALLY ANY OF THIS UNTIL RECENTLY.
I'M SURE THAT THERE IS, THERE ARE, THERE'S AUTO REPAIR GOING ON ALL, ALL OVER THE PLACE.
UM, WHAT I WAS ATTEMPTING TO DO WAS, UM, CREATE AN OPPORTUNITY FOR, FOR THOSE, UM, WHO HAVE LARGER LOTS WHERE IT IS THE IMPACT OF THE ADJACENT NEIGHBORS IS, IS GONNA BE LESS THAN I THINK IT WOULD IN IN ONE OF THE RESIDENTIAL DISTRICTS.
I'M NOT OPPOSED TO HAVING THE CONVERSATION ABOUT, UM, BROADENING THIS, BUT I WAS STARTING WITH THE, WITH THE AGRICULTURAL DISTRICT FIRST.
UM, IF WE WANTED TO LOOK AT, LET'S SAY, YOU KNOW, AN R TWO ON R ONE OR HAVE IT WITH A MINIMUM ACREAGE SIZE, UM, I THINK THAT IS REASONABLE.
THE MINIMUM ACREAGE NOW IN THE AGRICULTURAL DISTRICT IS FIVE ACRES.
UH, MOST LOTS ARE A MINIMUM OF FIVE ACRES.
UM, WHICH IS SORT OF WHERE I START, WELL I STARTED WITH THREE ACRES MOVED TO FIVE BECAUSE, UH, I WAS AFRAID MAYBE I WAS CASTING THE NET A LITTLE TOO TOO LARGE, LITTLE TOO WIDE.
WELL, I CAN SEE BOTH SIDES OF, OF, UH, THE SITUATION.
IF YOU HAVE, UH, SOMEONE THAT IS, THAT IS, UH, CONDUCTING BUSINESS AND THEY'RE NOT BOTHERING THE NEIGHBORS, THAT'S ONE THING.
BUT IF YOU HAVE SOMEONE THAT IS TAKING ADVANTAGE OF THE SITUATION AND IS CAUSING ALL KINDS OF NOISE AND PROBLEMS AND YOU KNOW YOU NEED TO HAVE SOMETHING, YOU CAN, IT'S KIND OF THAT, UH, WHAT'S THAT? YOU KNOW, IT'S THE, UH, THE 3% THAT RUIN IT FOR THE REST OF US.
IT'S, YOU KNOW, THAT THAT PERSON WHO HAS ALL THE JUNK STORED OUTSIDE AND, AND BECOMES, UH, AN ENFORCEMENT PROBLEM OR A NUISANCE TO THE NEIGHBORS.
UM, I I AM SURE THERE ARE A LOT OF, UH, BUSINESSES THAT ARE BEING RUN THAT, THAT WE DON'T KNOW ABOUT BECAUSE THEY'RE BEING RUN EXTREMELY WELL AND THEY'RE NOT BOTHERING THE NEIGHBORS.
NOBODY KNOWS THEY EXIST AND, AND LIFE IS FINE.
UM, SO I DON'T HAVE STRONG OPINIONS EITHER WAY.
UM, AS FAR AS EX EXPANDING IT TO, LET'S SAY THE R ONE OR, OR THE LARGE LOT RESIDENTIAL, UM, I JUST, I DON'T WANT TO CAST TOO WIDE OF A NET AT THE FIRST, AT THE FIRST GO GO AROUND.
SO ALONG THAT SAME LINE AS WHAT SHE'S TALKING ABOUT, UM, WE'RE ADDRESSING THIS AS THIS IS A BUSINESS THAT THEY'RE RUNNING IN THEIR, POTENTIALLY IN THEIR HOMES IF IT'S IN A RESIDENT.
UM, WHENEVER YOU GET TO THAT POINT THAT YOU START TO
[00:50:01]
LOOK AT THAT, THERE HAVE BEEN SOME AREAS OR SOME HOMES WHERE IT'S LIKE A PERPETUAL, IT'S NOT A BUSINESS, IT'S LIKE A WEEKEND THING AND IT'S, UM, MEANTIME, YOU KNOW, BECAUSE IT TAKES SO LONG TO WORK, DO THE WORK THAT IT'S SITTING THERE EYESORE, YOU KNOW, BACKED UP EVERYTHING ABOUT IT.AND THAT MIGHT MIGHT BE SOMETHING YOU MIGHT WANNA ADDRESS AS WELL.
SO THIS ISN'T NECESSARILY JUST BUSINESS, BUT LET'S SAY THE, UM, THE THE REALLY ENTHUSIASTIC HOBBYIST WHO RESTORES CARS AND, AND THINGS OF THAT NATURE ON THEIR OWN.
UM, I, I NEED TO LOOK AGAIN, BUT I BELIEVE OUR, OUR CODE PROHIBITS ESSENTIALLY HEAVY AUTO REPAIR OR, OR MAJOR REPAIRS, YOU KNOW, AT YOUR RESIDENCE.
UM, THIS WOULD, WOULD OPEN THAT UP A LITTLE BIT.
UM, BUT THERE IS A POINT TO TO WHERE YOU WERE GOING.
THERE IS A POINT IN TIME WHERE IT BECOMES A PROBLEM AND THEN IT BECOMES AN ENFORCEMENT ISSUE ON OUR, ON OUR END.
I KNOW THAT OF ONE PLACE IN PARTICULAR THAT I WAS NEAR WHERE MY SON LIVES AND IT WAS AN ONGOING PROBLEM FOR A LONG TIME THAT IT HAS CORRECTED ITSELF.
BUT, UM, IT WAS, YOU KNOW, EVERY TIME HE DROVE BY THERE IT WAS A TOTAL EYESORE AS WELL AS SOMETIMES IT LOOK LIKE IT MIGHT BE DANGER TO DANGEROUS TO MAYBE SOME KIDS THAT MIGHT BE PLAYING NEARBY OR SOMETHING.
WELL, IF IT WAS IN HUBER HEIGHTS, WE, UH, AND IF IT WAS GARAGE SALE, YOU'RE TALKING ABOUT, UH, THAT WAS ADDRESSED AND SO NOW THAT IS PROHIBITED.
YOU CAN ONLY HAVE SO MANY A YEAR.
IT WAS, YEAH, BUT IT WAS REPAIRING CARS.
OH YEAH, WE'RE TALKING ABOUT REPAIRING CARS.
YEAH, IT WAS UM, JUST, YOU KNOW, LIKE A WEEKEND MECHANIC THAT HE GOT TO IT WHENEVER HE FELT LIKE IT OR HAD THE TIME OR THIS TYPE OF THING.
BUT MEANTIME, THE VEHICLES SITTING THERE IN PIECES, THINGS LIKE THAT.
YEAH, I HAVE FAMILY MEMBERS THAT RESEMBLE THAT
SO AARON ON NUMBER TWO ON BODY WORK, I MEAN, IF WE'RE ALLOWING ALL THIS OTHER STUFF, WHY WOULD THAT BE EXCLUDED? UM, THERE ARE SIGNIFICANT FUMES, FUM, SOLVENTS, SPECIAL EQUIPMENT.
NOW IF YOU'RE JUST DOING SOME TOUCH UP PAINTING, THAT'S ONE THING, BUT IF YOU'RE DOING FULL BODY PAINTING, I, I IT'S MORE ABOUT THE SOLVENTS, THE PAINTING, THE SMELL, UM, DEPENDING ON WHERE IT'S AT, IT COULD BE CLOSE TO THE WELL FIELD, YOU KNOW, THAT KIND OF THING.
UM, AND THEN ON NUMBER FIVE, JUST FOR EVERYONE ELSE, THE 25 FEET FROM ANY RESIDENTIAL LOT, I MEAN THAT IS NOT FAR.
SO IF YOU GUYS GO OUT AND LOOK AT WHAT THAT IS AND SOME STUFF WE'VE SEEN AROUND HERE, THAT'S NEXT TO NOTHING.
SO FOR A NEIGHBOR TO HAVE AN ISSUE WITH THAT, I MEAN THAT'S, THAT'S GOING TO BE I THINK AN ISSUE.
UM, AND THEN THE ONE WE'RE TALKING ABOUT, I MEAN THIS IS RIGHT BY THOSE PEOPLE'S POOL, RIGHT? UM, SO I THINK, SO I BELIEVE THE BUILDING SETBACK RIGHT NOW IN THE AGRI, THE SETBACK IS RELATIONSHIP TO THE HEIGHT OF THE STRUCTURE.
UM, SO THIS WOULD SET THE MINIMUM, UM, SET BACK OF, OF 25 FEET, RIGHT? SO IT'S 25 FEET FROM THEIR POOL OR POOL'S PROBABLY 10 TO 20 FEET OFF THE FENCE.
SO I DON'T RECALL WHAT THE DISTANCE IS BETWEEN THE HOUSE AND, AND THIS, BUT YES, THE, THE POOL IS, YEAH, SO I MEAN THIS WOULD, AND I'VE BROUGHT THIS UP BEFORE.
I THINK THIS IS A COMMERCIAL TYPE OF USE AND I, I WOULD, I'LL SAY AGAIN, I REALLY THINK WE NEED TO HAVE A CONSIDERATION AROUND ANY RESIDENTIAL ADJACENT COMMERCIAL USES ON SETBACKS.
AND THIS IS RESIDENTIAL ADJACENT AND TO ME THE BUILDING IS INDUSTRIAL, NOT COMMERCIAL.
I MEAN IT'S JUST A BIG METAL BUILDING.
SO, UM, AND I GUESS IF THIS OPENS UP THE DOOR FOR SPECIAL USES FOR BZA, THEN DOESN'T THAT OPEN UP IN A PROBLEM OF EVER SAYING NO TO SOMEBODY ELSE'S TYPE OF USE? SO IF, UH, IF THE, IF THE APPLICANT IN FRONT OF THE BZA MET ALL OF THESE REQUIREMENTS, IT WOULD BE DIFFICULT FOR THE BZA TO SAY NO UNLESS THERE'S SOME OTHER MITIGATING CIRCUMSTANCE THAT, THAT I'M, THAT YOU KNOW, SORT OF COMES UP IN THE DISCUSSION.
SO I MEAN, I, I'LL SAY, I MEAN IN THIS CASE, FOR ME PERSONALLY, I MEAN I'VE, SOMEBODY'S GONNA BE UPSET IN THE OUTCOME EITHER WAY, WHETHER IT'S THE BUSINESS OWNER OR THE RESIDENCE.
IN MY CASE, THE RESIDENTS DIDN'T DO ANYTHING WRONG IN HERE.
I MEAN THE OWNER OR THE BUSINESS, I FEEL FOR THEM,
[00:55:01]
BUT THEY ALSO SAID THEY KNEW IT WASN'T HIS OWN BUSINESS WHEN THEY BOUGHT IT.I KNOW ANOTHER FAMILY DOWN AT THE OTHER END OF TAYLORSVILLE THAT HAD A SIMILAR SITUATION WHERE COUNCIL CHANGED THE ZONING AND ALLOWED A COMMERCIAL USE BACK THERE AND THEY HAVEN'T BEEN ABLE TO KEEP THEIR BACK WINDOWS AND DOORS OPEN IN THE SUMMER FOR TWO YEARS NOW BECAUSE OF WHAT'S GOING ON.
SO I HAVE A HARD TIME LEANING THAT WAY.
AND YOU SAID EARLIER IN THE STORAGE DISCUSSION THAT FOR SOMEONE, YOU KNOW, THEY MAY USE A RESIDENTIAL STRUCTURE BECAUSE IT'S CHEAPER THAN THE WAREHOUSE OR ANOTHER PROPERTY.
I MEAN THAT'S EXACTLY WHAT WE'RE TALKING ABOUT HERE, I THINK TOO.
WELL POSSIBLY, UM, UM, I THINK THE DIFFERENCE FOR, FOR THIS, AT LEAST IN MY MIND, UM, IS THAT IN THE AGRICULTURAL DISTRICT YOU TYPICALLY HAVE SIGNIFICANTLY LARGER LOTS TYPICALLY.
SO THAT, THAT IS DIFFERENT THAN IF IT IS, YOU KNOW, KIND OF YOUR STANDARD SMALLER MEDIUM LOT SIZE LOT RESIDENTIAL DISTRICT.
BUT AGAIN, IT WAS, IT WAS AN ATTEMPT TO UM, KIND OF OPEN UP ADDITIONAL POTENTIAL ECONOMIC USES, UM, FOR, FOR LAND IN THAT, IN THOSE AREAS.
SO I, I WOULD SAY, I MEAN FOR ME, IF THIS WERE TO ADVANCE, I I WOULD, I WOULD LIKE TO SEE A REQUIREMENT AROUND HOURS OF OPERATION.
I MEAN THIS BCA DENIED THIS STAFF RECOMMENDED AGAINST IT PLANNING, VOTED AGAINST IT, AND IT KEEPS COMING BACK.
UM, AND I, I KNOW WE'RE TALKING ABOUT THE USE, BUT WE'RE HERE BECAUSE OF A CERTAIN CASE AND I FEEL FOR THE APPLICANT, BUT I ALSO FEEL LIKE WE'RE KIND OF REWARDING A BAD BEHAVIOR BY CHANGING THE RULES AFTER THIS MANY ATTEMPTS.
SO, SO I THINK JUST FOR A LITTLE BIT OF CLARIFICATION, THE BZA DIDN'T HAVE A CHOICE.
UM, CUZ THE BZA WAS NOT, THE CODE DOESN'T AUTHORIZE THE BZA TO GRANT A SPECIAL USE UNLESS THE SPECIAL USE IS SPECIFICALLY ENUMERATED IN THE, IN THE CODE.
AND THIS IS NOT, UH, AND THE BGA IS NOT AUTHORIZED TO GRANT A USE VARIANCE.
UM, STAFF RECOMMENDED AGAINST IT BECAUSE OF THE REZONING.
UH, AND THE IDEA THAT, YOU KNOW, ONCE IT'S THERE, IT'S THERE UNTIL COUNCIL DECIDES IT'S NOT THERE.
UM, AND THERE NEEDS TO BE, YOU KNOW, AN ACTION TO MAKE IT NOT THERE.
UM, THIS DOES PROVIDE SOME RELIEF IF, AGAIN, THE BCA APPROVES IT, BUT IT, IT PROVIDES A MECHANISM FOR THE BCA TO ACTUALLY BE ABLE TO CONSIDER IT.
WHEREAS THEY DIDN'T HAVE THAT MECHANISM PRIOR.
THEY, THEIR HANDS WERE TIED, BUT I, I'M THE HOURS OF RECOMMENDATION, UM, YEAH, THAT I WAS REMISS, THAT SHOULD BE, YOU KNOW, EIGHT TO FIVE, EIGHT TO SIX, SOMETHING LIKE THAT.
LIGHTING, LIGHTING REQUIREMENTS LIKE ANY OTHER COMMERCIAL STRUCTURE SOUND.
SO ACTUALLY THE WRITING LIGHTING REQUIREMENTS, SO THEY WOULD NEED TO FOLLOW WHAT'S IN THE RESIDENTIAL OR THE AG.
SO, YOU KNOW, NO, IT'S PRETTY LIMITED.
WE DON'T WANT TO SEE COMMERCIAL LIGHTING IN THAT AREA.
AND I'LL STILL SAY I THINK 25 FEET IS TOO CLOSE IF WE'RE USING A BUSINESS TYPE OF USE LIKE THAT.
SO I KNOW YOU SAID 200 FEET FROM THE STRUCTURE, BUT I GOT PLENTY OF THINGS IN MY YARD AND, AND, AND IN THIS CASE I CAN TELL YOU, I MEAN WE CAN SAY MONDAY THROUGH FRIDAY HOURS, CERTAIN DAYTIME HOURS, BUT I MEAN, IF I'M RETIRED AND I GOT MY GRANDKIDS OVER AND WE'RE OUT PLAYING IN THE YARD AND PLAYING IN THE POOL THREE O'CLOCK IN THE AFTERNOON DOESN'T DO ME ANY GOOD THAT THAT'S WHEN YOU'RE WORKING ON YOUR VEHICLE.
WHAT DO YOU CONSIDER TO BE A, UH, A DISTANCE BESIDES THE 2025? UH, I DON'T KNOW.
I, I KNOW 25 FEET IS NOTHING WHEN I WAS OUT LOOKING AT IT AND HERE TO THERE IF THAT, YEAH, I DON'T, I I THINK THAT'S MORE THAN 25.
SO WE CAN, I CAN CERTAINLY COME UP WITH, UH, ALTERNATIVES IF YOU'D LIKE AS WELL AS SORT OF SHOW VISUAL EXAMPLES IF THAT WOULD BE HELPFUL.
AND I, LIKE I SAID, I WOULD LIKE TO SEE THAT PART OF JUST A BROAD, NOT JUST THIS CASE, A BROAD DISCUSSION OF ANY RESIDENTIAL ADJACENT COMMERCIAL USE.
SO THAT KINDA LEADS ME TO VERSUS INDUSTRIAL, WHICH IS ON THE NEXT ONE A LITTLE BIT TOO.
WHICH IS WHERE SOME OF THE, THAT SETBACK IS.
I MEAN IF YOU DRIVE BY AND LOOK AT THAT, IT'S, IT'S TIGHT.
IT'S RIGHT IN THOSE PEOPLE'S BACKYARD.
MS. OP, THE OTHER FACTOR I WANTED TO BRING UP ABOUT IS, UM, ON THAT ONE PROPERTY, YOU KNOW, THAT ONE CASE THAT WE HAD, IT WAS, UH, SEMIS AND THIS DOESN'T ADDRESS, YOU KNOW, THE SIZE OF THE VEHICLES THAT THEY'D BE WORKING
[01:00:01]
ON.IS THAT SOMETHING YOU WOULD WANT TO ADDRESS? I DID NOT TO A VEHICLE IS A VEHICLE.
UM, WE, I DID NOT MAKE A DISTINCTION NECESSARILY BETWEEN AUTOMOTIVE COMMERCIAL, IT'S, IT'S AUTOMOTIVE AND VEHICLE REPAIR.
WE, I DID NOT HAVE A SIZE LIMIT.
UM, I PARTLY BECAUSE IF IT'S INDOORS, IT'S INDOORS, I WAS THINKING, UM, IT, I THINK THERE, MY RECOLLECTION WAS THE, THE NA IN THAT PARTICULAR CASE, THE NEIGHBORS WERE, UM, CONCERNED ABOUT THE DIESEL I, THE SOUND OF THE DIESEL ENGINE IDLING.
UM, AND IF I REMEMBER IT WAS THE WORK TRUCK, NOT NECESSARILY TRUCKS THAT HE WAS WORKING ON.
UM, AS HE, AS THEY WERE LEAVING IN THE MORNING, THAT WAS REALLY THE, THE BIGGER ISSUE.
UM, I THINK FROM AN ENFORCEMENT PERSPECTIVE, WHEN WE START TO PUT SIZE LIMITATIONS AND GROSS TONNAGE AND THAT IT, IT, IT, IT'S DIFFICULT.
IT GETS DIFFICULT TO, ESPECIALLY IN TODAY'S AGE, UH, IT GET DIFFICULT TO, WHAT'S THE DISTINCTION BETWEEN YOUR, YOUR LARGE, VERY LARGE RESIDENTIAL FULL SIZE ONE TON, ONE AND A HALF TON PICKUP TRUCK AND A COMMERCIAL VEHICLE? SO THAT'S WHY I DIDN'T MAKE THE DISTINCTION.
MY CONCERN WAS, YOU KNOW, THE WEIGHT OF SOME OF THESE AND, AND THE SIZE, YOU KNOW, THE NUMBER OF TIRES AND WHAT HAVE YOU, THEY TEAR UP THE DRIVEWAYS, TEAR UP THE STREETS, YOU KNOW, IT'S ALL, IT'S ALL PLAYS A PART IN THE OVERALL LOOK OF THE AREA THAT CERTAINLY THE HEAVY, YOU KNOW, THE, THE STREETS THAT GET POUNDED BY HEAVY INDUSTRIAL TRUCKS THAT ARE LOADED DOWN CERTAINLY, CERTAINLY DO.
BUT WE, I CAN COME BACK WITH SOME, SOME OPTIONS IF YOU'D LIKE, BUT I DID NOT MAKE A DISTINCTION.
IT WAS JUST SOMETHING I THOUGHT OKAY.
THERE SEEMS TO BE QUITE A BIT OF IN OUR DISCUSSION HERE OF THINGS THAT YOU'RE GONNA COME BACK WITH AND EVERYTHING.
SO THIS IS PRETTY MUCH KIND OF AN OPEN DISCUSSION TYPE THING? I THINK SO, YEAH.
I THINK THAT'S WHERE WE'RE HEADED, RIGHT?
UH, MY QUESTION HAS TO DO WITH, YOU HAD MENTIONED YOU DON'T HAVE IN THERE HOURS AND THEN WHEN YOU DID DISCUSS IT, UH, IT, IT WAS PRETTY MUCH EIGHT TO FIVE THAT YOU HAD HAD SAID WOULD BE, UH, APPROPRIATE.
BUT I'M THINKING THAT PEOPLE THAT HAVE THESE BUSINESSES SOMETIMES ONLY DO IT, THEY HAVE ANOTHER JOB MM-HMM.
AGAIN, ARE WE, ARE WE MAKING A PROBLEM
AND IT COULD BE ONE OF, THERE IS A POTENTIAL FOR THAT IF WE SET HOURS OF OPERATION THAT ARE, YOU KNOW, OVER MORE RESTRICTIVE THAN WHAT IS I THINK MOST PEOPLE WOULD, WOULD TEND TO OPERATE IN, THEN IT BECOMES AN ENFORCEMENT ISSUE AND THE REGULATIONS AREN'T, OR THE, THE DESIGN STANDARDS AREN'T NECESSARILY ACHIEVING WHAT THEY'RE INTENDED TO DO.
UM, WHAT WE COULD SAY IS THAT, YOU KNOW, THE, THE REPAIR OR ACTIVITY OUTDOORS, CUZ I DON'T KNOW IF IT MATTERS WHAT YOU'RE DOING INSIDE, BUT UM, ANY KIND OF OUTDOOR ACTIVITY WOULD BE, YOU KNOW, HAS TO END AT LET'S SAY 10:00 PM TO 8:00 AM IN THE MORNING.
WHEN THAT HAPPENS, WHAT DAY OF THE WEEK THAT OCCURS DOESN'T REALLY MATTER, WHICH WE HAVE THAT CODE FOR HOME BUILDING MM-HMM.
AND IT'S I THINK 8:00 PM AND WE ALSO HAVE NOISE ORDINANCES ANYWAY THAT WOULD, WOULD AFFECT, THAT WOULD STILL BE IN EFFECT HERE AS WELL.
UM, I'LL OPEN IT UP TO THE PUBLIC.
I DO BELIEVE YOU HAD SOME QUESTIONS OR DID YOU, OKAY.
AND I NEED TO HAVE YOU SWEAR IN ALSO IT BE SWORN IN.
DID YOU WANT TO GO TO THE, THE LAST DO YOU WANT TO TALK ABOUT THIS ONE FIRST OR FOR WELL, I WAS JUST THINKING IF SHE HAD QUESTIONS FOR THIS HERE.
I HAVE QUESTIONS FOR A WHOLE BUNCH OF STUFF.
AND THEN I'LL SWEAR YOU IN AND YOU CAN OKAY.
UM, THE LAST TEXT AMENDMENT RIGHT NOW IS REALLY MORE ABOUT THE DEFINITION.
UM, SO SELF STORAGE FACILITIES HAVE BEEN A TOPIC BOTH HERE AND OTHER JURISDICTIONS LARGELY CUZ THEY'RE JUST THE DEVELOPMENT, THEY'RE ACCELERATING AND
[01:05:01]
DEVELOPMENT.THEY'RE, THEY'RE BLOWING UP ALL OVER, ALL OVER THE PLACE.
THERE'S NO CONSISTENT DEFINITION OF SELF STORAGE FACILITIES, UH, IN THE ZONING CODE, UH, THE TERM WAREHOUSE, MINI WAREHOUSE AND MINI STORAGE WAREHOUSE ARE USED.
UM, BUT NONE OF THEM ARE DEFINED.
UM, AND SO I AM PROPOSING THAT WE USE THE OHIO REVISED CODES DEFINITION FOR SELF STORAGE FACILITY, WHICH, UH, IT'S UH, O C 53 22 0 1, WHICH BASICALLY STATES THAT IT'S, UH, ANY REAL PROPERTY THAT'S DESIGNED AND USED ONLY FOR THE PURPOSE OF RENTING OR LEASING INDIVIDUAL STORAGE SPACE IN THE FACILITY UNDER THE FOLLOWING CONDITIONS THAT THE OCCUPANTS HAVE ACCESS TO THE STORAGE SPACE ONLY FOR THE PURPOSE OF STORING AND REMOVING PERSONAL PROPERTY.
THE OWNER DOES NOT ISSUE A WAREHOUSE, A RECEIPT, A BILL OF, UH, LADING OR ANY OTHER DOCUMENTS OF TITLE, UM, AS DEFINED IN THE REVISED CODE.
SO THE, THE OPERATORS OF THE, THESE SELF STORAGE FACILITIES REALLY OPERATE UNDER THESE RULES, UM, AND IN, IN OTHER PARTS OF THE HIGHER REVISED CODE, CUZ THEY HAVE TO FOLLOW SPECIFIC OR STRICT, UH, PROCESSES WHEN THEY ESSENTIALLY ARE FORECLOSING OR SEIZING, UM, PEOPLE'S PERSONAL PROPERTY FOR NONPAYMENT OF RENT.
UM, SO FOLLOWING THE HIGHER REVISED CODE DEFINITION, EVERYBODY THEN KNOWS EXACTLY WHAT, WHAT THIS IS, WHAT THE IS, IS.
UM, AND ANYTHING ELSE WOULD BE A WAREHOUSE, UM,
SO I'M SUGGESTING THAT WE CHANGE THE DEFINITION WITHIN SECTION 1123 TO, UH, SELF STORAGE FACILITIES.
MINI WAREHOUSE AND MINI STORAGE WAREHOUSES ARE DEFINED AS SELF-SERVICE STORAGE FACILITIES AS DEFINED IN THE OHIO VICE CODE SECTION 53 22 0 1.
THAT WAY WE REALLY CLEAR UP WHAT IT IS.
UM, AND THEN SECONDLY, UM, WE MIGHT WANT TO CONSIDER LIMITING THE STANDALONE, UM, FACILITIES TO THE I ONE I TWO OR PLANNED INDUSTRIAL DISTRICT.
THEY, THE STANDALONE SELF STORAGE FACILITIES, I DON'T BELIEVE BELONG IN COMMERCIAL AREAS OR AREAS THAT WE WANT TO SEE VIBRANT ACTIVITY BECAUSE THEY'RE NOT VIBRANT ACTIVITIES.
THEY'RE, THEY'RE LARGELY DEAD COLD STORAGE SPACE.
UM, AND NO MATTER HOW WELL YOU LANDSCAPE 'EM, I'M NOT SURE THAT YOU CAN MAKE 36 GARAGE DOORS IN A LINE LOOK GOOD.
UM, AND WHEN WE'RE TRYING TO IMPROVE OUR CORRIDORS, UH, IN OUR GATEWAYS, THIS IS PROBABLY NOT THE ENTRANCE FEATURE THAT, THAT WE WANT TO SEE.
UM, HOWEVER, I THINK THE PLANNING COMMISSION MAY WANT TO CONSIDER ALLOWING SELF STORAGE FACILITIES AS A SPECIAL USE IN EXISTING BUILDINGS, UH, THAT ARE BEING REPURPOSED.
UH, WE HAVE THE U-HAUL THAT WAS AN OLD KMART BUILDING.
UM, THE WALMART ON BRANT PIKE IS, ONCE THAT BUILDING IS, UM, UH, AMORTIZED OUT FOR TAX PURPOSES, THEY WILL LOOK TO MOVE SOMEWHERE ELSE.
UM, AND, AND I THINK THERE'S AN, WE SHOULD AT LEAST HAVE THAT OPPORTUNITY TO, UM, LOOK AT THOSE EXISTING STRUCTURES BEING REPURPOSED RATHER THAN JUST SITTING AS, AS DEAD SPACE.
IT'S PROBABLY NOT THE HIGHEST USE FOR, FOR A VACANT BUILDING, BUT, UM, IT IS A USE THAT THE BZA COULD CONSIDER IF THAT PARTICULAR STRUCTURE WERE TO REMAIN VACANT FOR AN EXTENDED PERIOD OF TIME.
MS. VAGO, UM, I I REALLY LIKE THE USE OF THE OHIO REVISED CODE WITH THE EXCEPTION OF NUMBER TWO.
UH, AND IT MAY BE BECAUSE I'M NOT UNDERSTANDING IT.
UH, THE OWNER DOES NOT ISSUE A WAREHOUSE RECEIPT.
IF YOU RENT A A, A STORAGE SPACE, YOU DON'T GET A RECEIPT.
YOU GET A RECEIPT FOR RENTING THE SPACE.
WHAT, WHAT YOU DON'T GET A RECEIPT FOR IS WHAT YOU'RE STORING IS OH, BUT THAT'S LATER ON, ISN'T IT? WHAT UH, WHAT'S A BILL OF LADING? A BILL OF LADING AND A WAREHOUSE RECEIPT ARE BASICALLY WHEN YOU, WHEN YOU DROP STUFF OFF TO THE WAREHOUSE, IT IS INVENTORIED AND YOU GET THE INVENTORY RECEIPT OF WHAT IS BEING STORED THERE.
YEAH, BUT I DON'T UNDERSTAND THAT YOU DON'T GET A WAREHOUSE RECEIPT.
SO THE WAREHOUSE RECEIPT IS A RECEIPT OF THE GOODS THAT ARE BEING STORED THERE.
THEY'RE THE SAME, THEY'RE BASICALLY THE SAME THING.
YOU GET A RECEIPT FOR THE RENT YOU PAY, BUT THERE'S, YOU DON'T, THE WAREHOUSE, THE SELF STORAGE FACILITY DOESN'T KNOW WHAT YOU'RE STORING IN THERE.
THAT'S, THAT'S THE DISTINCTION.
AND WHAT'S THE DOCUMENT OF TITLE? UM, SAME THING.
[01:10:01]
SO DEPENDING IF YOU ARE, LET'S SAY YEAH, STORING FURNITURE, WHATEVER CARS OR STUFF THAT, YEAH, OKAY.IF YOU ARE A, UM, IMPORT EXPORT BUSINESS AND YOU KNOW, THOSE KIND OF THINGS, THERE'S DOCUMENTATION OF WHAT THAT IS.
AND YOU AS A WAREHOUSE ARE RESPONSIBLE FOR THE SECURING OF THE, OF THAT, UM, PROPERTY IN A SELF STORAGE FACILITY.
THEY'RE NOT, WELL IF ORC HAS HAD THIS DEFINITION FOR QUITE SOME TIME, NOT HAD AN ISSUE WITH IT, I CERTAINLY DON'T EITHER, BUT I JUST NEEDED AN EXPLANATION AS TO WHY YOU DON'T GET A RECEIPT OF, SO WHAT I WAS, WHAT I WAS TRYING TO AVOID IS, IS THOSE WHO WERE DEVELOPING THESE TYPE OF FACILITIES TO ARGUE ABOUT THEIR WAREHOUSE, THEY'RE NOT A SELF STORAGE FACILITY.
SO THE ORRC DEFINITION OF A SELF IS PRETTY SPECIFIC.
SO, UM, IN HERE, AARON, IS THIS WHERE IF WE, IF WE WANTED TO EXPAND ON REQUIREMENTS FOR THE FACILITIES AS WELL, WOULD THIS BE PART OF THIS DISCUSSION? I MEAN, WE'RE JUST TALKING ABOUT ZONING AND LOCATION RIGHT NOW, BUT I MEAN, YOU AND I HAVE TALKED ABOUT THE AMOUNT OF WATER RUNOFF FROM PAVEMENT OR MATERIALS, THINGS LIKE THAT.
WOULD THAT BE PART OF THIS DISCUSSION OR WOULD THAT BE SOMETHING SEPARATE ABOUT ZONING AROUND BUILDING REQUIREMENTS FOR THOSE TYPES OF BUSINESSES THEMSELVES? SO WHAT I'M LOOKING FOR OUT OF THIS DISCUSSION IS WHAT KIND OF, UM, DEVELOPMENT CONSTRAINTS OR, UM, DESIGN CONSIDERATIONS DO YOU WANT TO SEE FOR THESE TYPES OF FACILITIES? BECAUSE OUTSIDE IN THE I ONE DISTRICT, I TWO PRETTY MUCH ANYTHING GOES.
UM, BUT WE CAN ADD DESIGN CONSIDERATIONS FOR THIS TYPE OF FACILITY IN THE PLAN INDUSTRIAL, YOU SEE THEM, WE, WE UH, YOU KNOW, WE REVIEW THE DETAILED DEVELOPMENT PLANS, THE ARCHITECTURAL, YOU DON'T SEE THAT IN THE I ONE OR I TWO, BUT WE CAN EMBED THOSE STANDARDS IN THE CODE.
SO I GUESS I'M LOOKING AT WHAT I'M, I'M, I'M LIKE LOOKING FOR DIRECTION AS FAR AS WHAT ARE THOSE DESIGN CONSIDERATIONS THAT YOU WOULD LIKE ME TO BRING BACK TO YOU? OKAY.
I, I MEAN, I WOULD BE CURIOUS EVERY ANYBODY'S THOUGHTS.
I MEAN, I, I HAVE A DIFFERENT THOUGHT ON HOW THEY NEED TO BE DONE IN AN INDUSTRIAL AREA VERSUS WHERE WE'VE BEEN ALLOWED IN COMMERCIAL BEFORE.
INDUSTRIAL, LIKE YOU SAID, IT'S MORE INDUSTRIAL LOOK.
UM, SO, YOU KNOW, I, I THINK CONSIDERATIONS BE, YOU KNOW, DO WE REQUIRE PAV LOTS OR NOT? AND DO WE ALLOW ROLL OFF UNITS OR NOT? UM, AND THEN IF WE, YOU KNOW, IF WE'RE GOING TO HAVE A BIG OLD PARKING LOT THAT'S JUST GOT A BUNCH OF WATER RUNOFF RUNNING INTO OUR DRAIN SYSTEMS, DO WE ALLOW THEM TO HAVE 75% IMPERVIOUS AS WE HAVE OR SHOULD WE DO LIKE OTHER COMMUNICATIVE COMMUNITIES HAVE DONE AND REQUIRE THAT THEY HAVE LESS THAN THAT.
SO THOSE ARE KIND OF THINGS I'VE LOOKED AT AND I'D HAVE QUESTIONS ABOUT GOOD POINTS OP UP.
SO THE UM, WHICH IS ONE OF MY THINGS IS, UH, THE TEMPORARY STORAGE UNITS THAT ARE BROUGHT IN, THAT'S THE ROLL OFFS.
WHAT, WHAT'S THE CONCERN THAT I, THAT THEY NOT BE ALLOWED.
OR DO YOU MEAN THE, LIKE THE DRIVER, THE DRIVEWAY PODS, OR I'M TALKING LIKE THE U-HAUL ONES WHERE IT'S A BANK OF THEM THAT'S DROPPED OFF IN A PARKING LOT, RIGHT.
TEMPORARY SHORT TERM IS ONE THING THAT'S THAT'S DIFFERENT.
I'M TALKING ABOUT WHERE THEY, THEY BRING IT IN, DROP IT OFF, AND THEN BUILD IT TO MAKE IT LOOK LIKE IT'S IN THERE.
YEAH, THAT'S WHAT I WAS TALKING ABOUT WITH THE ROLL OFFS, WHICH IS LIKE THE, SO YOU DON'T WANT TO BE, YOU DON'T WANT TO, YOU WANNA LIMIT THE SORT OF THE, THE TEMPORARY EXPANSION OF THE SELF STORAGE FACILITY.
CUZ I MEAN THAT'S ESSENTIALLY WHAT U-HAUL DID, WHICH WAS APPROVED BY THE BZA, BUT THEY ARE, THEY BASICALLY BROUGHT THE INTERNAL STORAGE UNITS INSIDE BRICKED UP THE END HERE AND, AND MADE IT LOOK LIKE IT'S ALWAYS BEEN THERE.
AND IT, IT DOESN'T, IT'S A TEMPORARY, IT'S A TEMPORARY BUILDING.
AND SHOULD WE PUT THE PODS INTO THIS SECTION OR DOES, DO THEY REQUIRE A SECTION ALL THEIR OWN? THEY SHOULD GO UNDER TEMPORARY USES? NOT, NOT UNDER, NOT UNDER THIS SECTION.
[01:15:01]
I, I WOULD SAY I PERSONALLY, I MEAN THE, THE, THESE STORAGE UNITS ARE POPPING UP A LOT OF PLACES FOR GOOD REASON.I MEAN, THEY'RE CASH COWS, BUT I, I WOULD, I GUESS I'D DEFER TO YOU, AARON, I MEAN IF FROM CRUSH GRAVEL TO PAVEMENT, WHICH ONE'S BETTER FOR OUR INFRASTRUCTURE AS A RESULT BECAUSE THEY'RE, THEY'RE CONTRIBUTING ZERO BUSINESS REVENUE OR BUSINESS INCOME TAX TO THE CITY TO REPAIR THESE THINGS.
THE PROPERTY TAX IS GONNA BE MINIMAL IN CITY COLLECTION.
SO WHAT, WHAT ARE YOUR THOUGHTS AROUND JUST ON THE GROUND SURFACE ITSELF FIRST? UM, SO AS FAR AS THE, FOR CRUSHED, CRUSHED, CRUSHED AND COMPACTED GRAVEL VERSUS PAVED.
SO IT DEPENDS WHERE, UM, THE ENGINEER IS ALLOWED TO, UM, ALLOW THE DEVELOPER TO BUILD BASICALLY A, A COMPACTED GRAVEL LOT.
WHAT WE USUALLY REQUIRE IS A 50 FOOT DRIVE APRON.
UM, SO THAT AS THE TRUCK DRIVES OUT, THE GRAVEL GETS TOSSED OFF STILL ON SITE AND THEY'RE NOT DRAGGING IT INTO THE STORM SEWER, UH, OR INTO THE, THE PUBLIC RIGHT OF WAY.
THAT'S, THAT'S THE BIGGEST ISSUE WITH GRAVEL IS THAT IT GETS JUST PULLED INTO THE PUBLIC RIGHT OF WAY, THEN IT GOES INTO THE STORM SEWER OR JUST BECAUSE BECOMES A MESS.
UM, IF YOU WOULD, WE, THE, IF THERE'S A NEW DEVELOPMENT ON, ON GRASS, THEY WOULD STILL NEED TO MEET ALL THE STORM WATER REQUIREMENTS AND PROBABLY MORE THAN LIKELY BE REQUIRED TO HAVE ONSITE DETENTION, REGARDLESS IF IT'S CRUSHED AND COMPACTED STONE OR IF IT'S ASPHALT.
BECAUSE EVEN CRUSHED AND COMPACTED STONE, THEY'LL BE RUNOFF ON A HEAVY RAIN.
UM, IT'S, IT'S PRETTY COMPACT.
UM, SO YOU STILL, I THINK IF WE, IF WE KEPT THE 25% OPEN SPACE, THE CHALLENGE WITH THE 25% OPEN SPACE AS IT'S CURRENTLY DESIGNED OR CURRENTLY WRITTEN, IS THAT DETENTION OR RETENTION POND COUNTS AS OPEN SPACE.
I DON'T THINK IT'S NECESSARILY OPEN SPACE CAUSE IT'S NOT USABLE, UM, UNLESS YOU ATTRACTIVELY LANDSCAPE IT AS A FEATURE.
UM, SO I THINK WE NEED TO TIGHTEN THAT UP A LITTLE BIT AND THAT, BUT THAT'S MORE OF A VALUE.
WHAT'S THE VALUE OF HUB GOING FORWARD AS FAR AS THE DESIGN AESTHETIC? UM, AND THAT'S THE CONVERSATIONS WE NEED TO HAVE.
SO I MEAN, I, IF IT'S GONNA BE OPEN SPACE, TO ME IT NEEDS TO BE USABLE OPEN SPACE.
SO ANY THOUGHTS? I MEAN, I WOULD LEAN TOWARDS THE PAVE SURFACE THEN BASED ON THAT.
YEAH, SO THE CODE SAYS IT'S, IT'S GOTTA, THE CODE REQUIRES PAVED SERVICES.
THE ENGINEER CAN MAKE AN EXCEPTION IF, UH, IF IT MAKES SENSE.
SOME OF THOSE VERY LARGE LOTS LIKE COCA-COLA OR FEDEX OR YOU KNOW, SOME OF THE BIG TRUCKING COMPANIES WHEN IT'S WAY IN THE BACK GRAVEL PROBABLY MAKES SENSE, RIGHT? UM, IF IT'S A SMALLER LOT PAVEMENT, IT'S, BUT WE'RE TALKING SPECIFICALLY ABOUT THE STORAGE, SOMETHING LIKE THIS, A STORAGE, IT PAVED A LOT.
SO I WOULD, I WOULD LEAN THAT WAY.
I WOULD, I ACTUALLY LIKE THE IDEA OF EXCLUDING THE RETENTION BASIN FROM THE CALCULATION.
SO THEY HAVE TO HAVE AT LEAST IN, I MEAN, I'D BE FINE STILL SAYING A THIRD OR WHATEVER.
I DON'T, I DON'T KNOW THE NUMBER.
I KNOW OTHER CITIES HAVE CHANGED THE RESTRICTION, BUT I MEAN, IT'S JUST A BIG OLD RUNWAY OF RUNOFF INTO THE, THEIR RETENTION AND INTO OUR WATER SYSTEM.
AND AGAIN, THEY'RE GENERATING, IT'S A SERVICE TO THE COMMUNITY THAT FROM A MAINTENANCE REVENUE, IT'S, IT'S NIL.
I THINK THE, THE, THE OPEN SPACE DESIGN IS ALSO THE CONTEXT OF WHERE IT'S LOCATED IS IMPORTANT.
IF IT'S IN THE BACK OF AN INDUSTRIAL PARK THAT YOU'RE NEVER GONNA SEE THAT NOBODY LIVES THERE, NOBODY'S WALKING BY IT.
I'M NOT REALLY SURE IT MATTERS.
IF IT'S ON A, A MAIN THOROUGHFARE, IT'S AN ATTRACTIVE GATEWAY.
IT NEEDS TO LOOK LIKE IT'S MORE THAN JUST A RETENTION POND THAT FILLS UP AT EVERY HEAVY STORM EVENT.
SO HOW DO WE WRITE THAT TO COVER OURSELVES FOR BOTH SCENARIOS? UM, LET ME TAKE A STAB AT IT.
I'M HOPING THAT STAFF WOULD DIRECT THEM TO THE PROPER ONE.
UH, THAT WAY WE DON'T, WE WON'T HAVE THE CONCERNS THAT YOU HAD BROUGHT UP.
SO THIS, IF THIS WAS IN PLACE WHEN WE GOT THE LARK SPUR ONE DOWN THE ROAD, WHEN
[01:20:01]
THAT CAME UP BEFORE, WHEN YOU HAD SAID IT DID, WASN'T QUITE THE CHARACTER YOU THOUGHT WAS SUPPOSED TO BE OTHER BY THE DANBURY OR THE OLD DANBERRY MM-HMM.THAT THAT WAS COMMERCIAL, NOT INDUSTRIAL, IF I REMEMBER RIGHT.
AND THAT, THAT'S WHY WE HAD TO GO FORWARD WITH US CUZ IT FIT THE COMMERCIAL, BUT IF WE WERE IN THIS TYPE OF ZONING, THAT WOULDN'T HAVE BEEN IT TO GO IN DOWN THERE.
ANY OTHER QUESTIONS? RIGHT, MS. BURGE, WOULD YOU PLEASE RAISE YOUR RIGHT HAND?
PLEASE APPROACH AND SAY YOUR NAME FOR RECORD.
GIVE YOUR NAME FOR THE RECORD, PLEASE.
AND WE WON'T COUNT OFF OF THAT HAT YOU'RE WEARING, MAN.
LET'S SEE, MY DNA, WHAT CAN I TELL YOU? UM, FOR THE RECORD, THE STEELERS HAD
YOU KNOW, UH, FIRST OF ALL, AARON, THANK YOU FOR ALL YOUR HARD WORK WITH THIS.
AND ANY COMMENTS I HAVE ARE, ARE NOT IN ANY WAY REFLECTED ON WHAT YOU'VE DONE
UM, GOING BACK TO THE, UH, FIRST DISCUSSION ON HOME OCCUPANCIES, UM, LET'S SEE ON, UH, NUMBER NINE.
IF, IF WE ARE, UH, THIS IS, THIS GOES BACK TO, UM, A, A PROBLEM THAT WE ARE FACING RIGHT NOW IN THE RESIDENTIAL DISTRICT DISTRICT THAT, UM, IF PEOPLE ARE STORING, ARE REQUIRED TO STORE ALL THEIR EQUIPMENT, MACHINERY, SUPPLIES, EVERYTHING ELSE, UH, WITHIN THE RESIDENCE OR THE ACCESSORY BUILDINGS, UM, IF THEY DON'T, HOW DO WE ENFORCE IT? BECAUSE OUR ZONING, UM, ENFORCERS CANNOT GO IN THE BACKYARD BEHIND THE BUILDINGS.
UM, WELL, TYPICALLY WHAT OCCURS IS THE, THE COMPLAINANT, WHICH IS USUALLY A NEIGHBOR, INVITES THEM INTO THEIR BACKYARD YES.
WHERE THE, THE ZONING OFFICIAL CAN THEN TAKE PICTURES OR, UM, SEE FOR THEMSELVES THAT THE VIOLATION IS OCCURRING.
UM, THEY DON'T NECESSARILY NEED TO BE ON THAT PRIVATE PROPERTY OF THAT, OF THE, OF WHERE THE COMPLAINT, THE, THE TARGETED COMPLAINT.
THEY JUST NEED TO BE ABLE TO SEE IT DOCUMENTED.
UM, ON, ON ITEM 12 FIVE, UM, ON BARBER SHOPS, WHEN I LIVED IN GREEN COUNTY, UH, THEY HAD A REQUIREMENT THAT IF YOU HAD A BARBERSHOP OR A HAIR SALON OR WHATEVER, AND IT WAS IN YOUR HOME, YOU HAD TO HAVE A SEPARATE ENTRANCE TO THAT BUSINESS.
IS THAT A RULE IN MONTGOMERY COUNTY? THAT IS NOT A RULE THAT I'M AWARE OF.
UM, AND THEN UNDER THE, UH, EXPAND SPECIAL USES FOR THE DISTRICT CHAPTER 1142, UM, I, I AM WITH, UM, THE CONCERNS THAT MR. JEFFRIES, UH, EXPRESS THAT AT, ACTUALLY I HAVE, I HAVE SOME REAL CONCERNS WITH THE SPECIAL USE, UH, REQUIREMENTS BECAUSE I THINK IT JUST OPENS UP A, A LOT OF POTENTIAL THINGS THAT WE CAN'T SEE RIGHT NOW.
BUT, UM, I THINK THERE SHOULD BE, UH, IT WOULD BE VERY HELPFUL TO SAY THAT IF SOMEBODY HAS A SPECIAL USE, UH, PERMIT, THAT WHEN THEY SELL THEIR BUSINESS, THAT THAT SPECIAL USE GOES AWAY.
OTHERWISE, WHY ISN'T IT JUST INCORPORATED INTO THE REGULAR CODES AND IS NOT CONSIDERED A SPECIAL USE? SO, SO SPECIAL USES MOST CODES CALL THEM CONDITIONAL USES.
UM, THE IDEA BEHIND THE SPECIAL USE IS THAT THEY ARE, THEY, THEY NEED MAYBE A, A LITTLE BIT MORE OF A DESIGN CONSIDERATION THAN A BE PERMITTED USE.
SO, SO THAT WITH, WITH THE APPROPRIATE DESIGN, UH, AND DEVELOPMENT ATTENTION OR CONTROLS, THAT TYPE OF USE CAN, CAN FLOURISH IN THAT PARTICULAR DISTRICT.
[01:25:01]
USE OR A SPECIAL USE, UM, ALLOWS A SET OF EYES, UH, IN MORE IN A PUBLIC DISCUSSION ABOUT THAT USE USUALLY THROUGH EITHER THE BZA IN THIS CASE OR THE PLANNING COMMISSION, RATHER THAN JUST BEING A STRAIGHT, UM, PERMITTED USE, WHICH WOULD ONLY BE REVIEWED BY STAFF.SO THAT'S WHY, UM, IN IN CODES YOU HAVE A SPECIAL USE SO THAT IT DOES ALLOW JUST KIND OF A, A SECOND LEVEL SET OF REVIEW.
IT ALLOWS THE NEIGHBORS TO, UH, COMMENT ON THAT PARTICULAR TYPE OF USE RATHER THAN IF IT WERE JUST PERMITTED, THEY WOULD NEVER KNOW ABOUT IT.
UM, AS FAR AS THE, IT'S PRETTY SETTLED PRACTICE IN ZONING THAT THE, IT IT'S ABOUT THE USE, NOT WHO OWNS IT.
UH, AND SO THE, THE USE TRANSCENDS OWNERSHIP.
UM, IT'S WHEN THAT USE IS, WHEN THAT USE CEASES TO EXIST IS WHEN THE SPECIAL USE PERMIT, UM, GOES AWAY.
IT'S JUST LIKE, YOU KNOW, IF IF YOU WERE SELLING A BUSINESS, THE BUSINESS CONTINUED TO OPERATE, YOU JUST HAVE A DIFFERENT SET OF OWNERS.
YEAH, BUT I DON'T HAVE A SPECIAL USE.
I MEAN, IF I HAD A BUSINESS, IT WOULD BE WITHIN THE NORMAL ZONING REQUIREMENTS.
UM, NOW I, I'M NOT SAYING THAT COUNSEL CAN'T CONSIDER THAT.
UM, I THINK WE WOULD WANT TO RUN IT BY LEGAL COUNSEL AND I THINK ABOUT, SO YOU HAVE, UM, IN CERTAIN CITIES THEY DO A POINT OF SALE OCCUPANCY, UM, INSPECTION.
IT'S KIND OF THE SAME THING MM-HMM.
UM, SO IF, IF THAT'S SOMETHING THAT PLANNING COMMISSIONER AND THE COUNCIL WANTS US TO RESEARCH MORE, WE CAN, BUT TYPICALLY THE SPECIAL USE CONTINUES UNTIL THE USE CEASES TO EXIST.
ISN'T THAT WHAT WE JUST GOT RID OF? YEAH, WE JUST GOT RID OF IT.
UM, YOU MADE IT ON THE BED AND BREAKFAST.
UM, YOU MADE A COMMENT THAT, UM, THAT BED AND BREAKFAST WOULD BE REQUIRED, UH, TO HAVE LIKE COMMERCIAL KITCHENS AND STUFF LIKE THAT.
I WOULD CONTEND THAT THERE ARE PROBABLY, THAT'S NOT ALWAYS THE CASE THAT, UM, BECAUSE THE SMALLER ONES MIGHT ONLY ACCOMMODATE A FEW PEOPLE, BUT DO WE KNOW IF THERE ARE O C HEALTH REQUIREMENTS OR REQUIREMENTS THAT DESIGNATE EXACTLY WHAT, WHAT THOSE, WHAT THEY HAVE TO HAVE IN PLACE? DO THEY HAVE TO BE LICENSED AS BED AND BREAKFAST? SO THEY WOULD HAVE TO BE LICENSED, UM, FOR BASICALLY FOOD SERVICE.
UH, AND THAT COMES WITH A SORT OF A LITANY OF, OF REQUIREMENTS.
AND I CAN, I CAN GET THAT FOR YOU AND FOR THE, FOR THE COUNSELING COMMISSION.
WHAT ABOUT, OKAY, SO THIS IS GONNA HAVE, UM, UH, UP TO UP TO FOUR BEDROOMS. OKAY.
SO YOU'RE GONNA HAVE AN ADDITIONAL, YOU'RE GONNA HAVE THE HOMEOWNER'S PARKING SPACES.
YOU'RE GOING TO HAVE PROBABLY FOUR ADDITIONAL, AT LEAST FOUR ADDITIONAL PARKING SPACES.
UM, SO, UM, IT, WHEN YOU GO DOWN HERE AND NUMBER FIVE, IT SAYS THAT THERE SHOULD BE NO CHANGE TO THE OUTSIDE APPEARANCE OF BUILDING OR OTHER VISIBLE EVIDENCE OF THE CONDUCT OF BUSINESS OF A BED AND BREAKFAST, WELL, I DON'T KNOW TOO MANY HOMES OR WHATEVER THAT HAVE A HALF A DOZEN PARKING SPACES.
YOU KNOW, I MEAN, TO ME IT WOULD BE PLUS A SIGN THAT THAT WOULD BE VERY EVIDENT THAT THAT IS A BED AND BREAKFAST.
SO I'M NOT QUITE SURE WHAT THE INTENT OF, OF THAT STATEMENT IS.
AND THE OTHER THING IS, DOES THE HEALTH DEPARTMENT, I DON'T EVEN KNOW IF THE HEALTH DEPARTMENT'S THE ONE THAT REGULATES IT, BUT DO THEY REQUIRE A CERTAIN AMOUNT OF BATHROOMS OR THAT THERE BE A COMMON BATHROOM OUTSIDE OF WHAT THE HOMEOWNER'S BATHROOM IS? IF YOU HAVE FOUR FAMILIES RENTING THERE AND THEY'RE ALL SHARING ONE BATHROOM, ARE THERE MINIMUM STANDARDS? I WILL, I DON'T KNOW THE ANSWER TO THAT OFF THE TOP OF MY HEAD.
I WILL GET, I'LL GET THAT FOR YOU.
WHAT THIS WOULD REQUIRE IS THAT THE OWNERS HAVE THEIR OWN BATHROOM FACILITIES AND THEN THERE ARE BATHROOM FACILITIES FOR THE GUESTS.
AND THAT COULD BE A MINIMUM OF ONE.
UH, MORE THAN LIKELY THEY WOULD BUILD OUT MORE THAN ONE JUST FROM A MARKETING, A MARKETABILITY PERSPECTIVE.
THE PARKING PER, UM, THE REASON I WROTE THIS FOR, FOR THE PARKING IS THAT WHEN I THINK ABOUT THE STRUCTURES THAT ARE, WOULD BE MOST LIKELY TO BE A BED AND BREAKFAST, IT'S
[01:30:01]
THE OLDER FARMHOUSES, THE BIGGER STRUCTURES THAT ARE ON TAYLORSVILLE OR CHAMBERSBURG, UM, WHAT I WANTED TO AVOID WOULD BE PARKING IN THE GRASS OR IN THE YARD.SO I THINK WHAT WOULD LIKELY HAPPEN IS THAT YOU WOULD HAVE PARKING IN THE REAR OF THE BUILDING AND FROM THE STREET PERSPECTIVE, YOU PROBABLY WOULDN'T NOTICE IT, BUT IT WAS THE INTENT TO HAVE DEDICATED PARKING SO PEOPLE AREN'T PARKING IN THE GRASS AND, AND KIND OF HAPHAZARDLY.
UM, ON THE AUTOMOTIVE, ON THE, ON THE INDOOR AUTOMOTIVE VEHICLE REPAIR AS A PLANNER, AARON, IF, IF THIS PARTICULAR PROPERTY THAT WE'VE BEEN ADDRESSING WE'RE NOT IN INVOLVED IN THIS DISCUSSION, WOULD YOU HONESTLY HAVE ALLOWED A 25 FOOT EASEMENT FROM A RESIDENTIAL THANK YOU? OR ARE WE ALLOWING THAT, UM, ARE WE ALLOWING THAT, UH, A MINIMUM OF 25 FEET FROM ADJACENT RESIDENTIAL LOT? IF WE HAVE A THREE TO FIVE ACRE LOT, WOULD YOU REALLY HAVE PROPOSED THAT WE ALLOW THAT BUILDING TO BE SET WITHIN 25 FEET OF A RESIDENTIAL LOT? YEAH, BECAUSE RIGHT NOW THAT'S, IF I WERE REDRAWING THE ENTIRE AG DISTRICT REGULATIONS, YEAH.
I WOULD PROBABLY CHANGE IT TO BE, SO RIGHT NOW THE AG DISTRICT IS THE SETBACK IS, IT'S THE DIS THE SETBACK I BELIEVE IS UM, IT'S A MINIMUM OF 15 FEET OR THE HEIGHT OF THE STRUCTURE, WHICHEVER IS, IS GREATER.
UM, SO WHAT THIS DOES IS PUSH AT A MINIMUM THE NEW STRUCTURE TO 25 FEET.
UM, CUZ RIGHT NOW THE MINIMUM COULD BE 15 FEET DEPENDING ON OR, OR GREATER DEPENDING ON THE HEIGHT OF, OF THE STRUCTURE.
SO IT WAS AN ATTEMPT TO PUSH THE STRUCTURE A LITTLE FURTHER, UH, AWAY FROM THE LOT LINE.
I THINK THE BIGGER, UM, BUFFER IS THAT 200 FEET FROM A RESIDENTIAL STRUCTURE THAT DOES, THAT'S NOT IN THE CODE AT ALL.
UM, AND SO THE THOUGHT PROCESS WAS IF, IF THIS WERE TO BE PERMITTED, THIS REALLY SLIDES ANY KIND OF ACCESSORY BUILDING FURTHER BACK INTO THE BACK OF THE LOT MM-HMM.
UM, HAD THIS ISSUE NOT COME UP, WOULD I BE PROPOSING THIS? NO.
BUT, UM, I WAS ASKED TO PROVIDE YEAH, I UNDERSTAND.
AND WHEN YOU TALK ABOUT, UH, THE NUMBER TWO ON THERE, THE BODY WORK OF PAINTING YEAH.
YOU TALK ABOUT THE, UH, THE AUTO ENTHUSIASTS WHO ARE, UM, YOU KNOW, WORKING ON THEIR CARS IN, IN THE GARAGES OR WHATEVER, IF THEY'RE RESTORING THEM, AREN'T THEY DOING BODY WORK? THEY'RE, THEY'RE PROBABLY DOING SOME DE MINIMUS BODY WORK.
WHAT I WAS TRYING TO AVOID IS THAT SOMEBODY SET UP A BODY SHOP AS A ACCESSORY OR AT, UH, WITHIN THE AG DISTRICT USING THIS, WHERE THEY HAVE A BIG PAINT BOOTH AND THAT'S ALL THEY DO.
THAT'S WHAT I'M TRYING TO, I UNDERSTAND THE PAINTING, BUT SINCE YOU PUT BODY WORK IN HERE, THEN THAT JUST KIND OF, THEY TEND TO GO HAND IN HAND.
BUT IF SOMEBODY'S JUST BANGING OUT, FEND, UH, OR FILLING IN WITH BONDO AND THEY TAKE THE, UH, TAKE IT SOMEWHERE ELSE TO BE PROFESSIONALLY PAINTED, I DON'T THINK WE WOULD HAVE AN ISSUE WITH THAT.
UM, I WAS MORE CONCERNED ABOUT THE PAINT BOOTH AND THE SOLVENTS AND WHAT GOES ALONG WITH THAT.
UM, THE, UH, NUMBER THREE, THE VEHICLE MUST BE ABLE TO MOVE AT LEAST A HUNDRED FEET UNDER ITS OWN POWER WITHIN 24 HOURS NOTICED BY THE CITY.
IS THAT NOT OUR CURRENT CODE FOR, FOR RESIDENTIAL? NOT THAT I'M AWARE OF.
IS THAT RIGHT? WELL, WE HAVE SOME CODE IN THERE THAT TALKS ABOUT IT HAS TO BE OPERATIONAL OR IT CAN'T BE PARKED ON THE STREET AND BE NON OPERATIONAL.
BUT I DON'T, I DON'T KNOW EXACTLY WHAT THE RULE IS FOR, UH, PEOPLE'S DRIVEWAYS, YOU KNOW, IN THE RESIDENTIAL LOT IN THE ZONING CODE.
UM, AND SO I WANTED, I WANTED THAT, I WANTED TO AVOID THE ARGUMENT ABOUT WHAT'S OPERATIONAL AND WHAT IS IT.
YOU'VE GOT 24 HOURS TO SHOW US THAT YOU CAN JUST THINK AND DRIVE ON ITS OWN A HUNDRED FEET AND THEN THAT'S CLEARLY OPERATIONAL.
WELL, IF YOU, LIKE TODAY WHEN I WAS DRIVING, I PASSED A LOT A HOME THAT HAD A CAR UP ON FOUR JACKS THAT'S OBVIOUSLY
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NOT OPERATIONAL.UM, IF ZONING WENT OUT THERE TOMORROW AND ASKED 'EM ABOUT IT FROM WHAT YOU'RE TELLING ME, THEY COULDN'T CITE THEM BECAUSE IT'S ON THEIR PROPERTY.
UM, LET ME GET BACK WITH YOU ON THAT ANSWER.
BUT I, I MEAN THAT'S, I THINK OF THOSE THINGS AS I'M LOOKING THROUGH THIS AND, UM, YES.
THE, THE BIGGEST, ONE OF THE BIGGEST I GUESS, POINTS OF CONTENTION WITHIN ZONING VERSUS POLICE IS WHAT DO WE DO WITH ABANDONED VEHICLES? WHAT IS ABANDONED VEHICLE? WHO HAS THE AUTHORITY AND THE RESPONSIBILITY TO TOW IT? THAT KIND OF THING.
THAT'S ALWAYS A, A STICKY POINT.
UH, NUMBER SIX, UM, YOU TALK ABOUT, UH, A SIX FOOT SOLID FENCE OR DAN EVERGREEN THAT'S AT A HEIGHT OF EIGHT FEET.
UM, I GUESS I, I'M ASKING WHY THE FENCE, SINCE YOU'RE ON A LARGE LOT, WHY THE FENCE WOULDN'T BE EIGHT FEET? BECAUSE AT SIX FOOT YOU'RE GONNA SEE OVER, YOU'RE GONNA SEE THE VEHICLES BEHIND IT, YOU'RE GONNA SEE THE STRUCTURES BEHIND IT.
SO, UM, I DON'T KNOW, I JUST KIND OF WAS WONDERING WHAT YOUR THOUGHT PROCESS WAS.
UM, OUR, OUR STANDARD FENCE HEIGHT FOR UM, EVERY OTHER DISTRICT FOR SCREENING IS SIX FEET.
SO I JUST CARRIED THAT THROUGH.
UM, THE EIGHT FEET, THE REASON I WENT WITH EIGHT FEET OF PLANTING IS SO THAT THEY'RE BUYING A, A LARGER TREE UP FRONT MM-HMM.
UM, ALRIGHT, ON THE TEXT AMENDMENT NUMBER FOUR, UH, UNDER, UM, STORAGE, SELF STORAGE, OH, WAIT A MINUTE.
DID I SKIP? UM, YEAH, UNDER, UH, TEXT AMENDMENT FOUR, UM, I DON'T KNOW IF, IF YOU'RE AWARE, BUT WITH PEOPLE BEING PUSHED OUT OF RENTAL UNITS BECAUSE THE RATES ARE SO HIGH AND EVERYTHING, UH, STORAGE UNITS ARE BECOMING A, UH, POPULAR PLACE FOR RESIDENCES THAT PEOPLE WILL RENT THEM BECAUSE THEY'RE CHEAPER THAN APARTMENTS AND THEY WILL SLEEP THERE AT NIGHT AND THEN GO SHOWER SOMEWHERE ELSE OR WHATEVER.
UM, SO I WOULD PROPOSE THAT WE DO A NUMBER THREE IN THERE AND SAY IT'S NON-RESIDENTIAL.
I'M, I'M INVOLVED IN, IN, UH, IN, UH, GROUPS WHERE WE DISCUSS THIS QUITE A BIT.
I APPRECIATE, UM, OPPORTUNITY TO SPEAK.
MR. JEFFRIES, YOU HAVE A COMMENT YOU WANTED TO BRING UP? UH, UH, NO.
JUST WHEN, WHEN NANCY WAS ASKING ABOUT THE 25 FOOT, THAT THAT HAS BEEN THE NORM FOR COMMERCIAL SETBACKS, 25 FEET OFF THE LINE.
UH, SO I THINK THE SIX FOOT FENCE SCREENING AND THE 25 FOOT HAS BEEN THE STANDARD BEFORE.
I JUST THINK IT'S CLOSE WHEN IT'S AGAINST A RESIDENCE IS WHY I BROUGHT IT UP.
YOU KNOW, COMMERCIAL PROPERTY 25 FEET OFF THE LINE NEXT TO ANOTHER COMMERCIAL THAT'S A LITTLE DIFFERENT, BUT WHEN IT'S RESIDENTIAL ADJACENT, I THINK THAT'S WHERE I BROUGHT THAT UP.
ANYTHING ELSE FROM THE DICE? MR. CAUDA, WE NEED TO MAKE A MOTION TO TABLE THIS TO, UM, A UPCOMING MEETING OR WHAT DO YOU, WHAT DO YOU WANT TO DO HERE? UM, SO IF YOU WOULD LIKE TO, UM, THE, THE COM THE MAIN COMMENTS THAT, WELL, I GUESS THERE WERE COMMENTS ON REALLY EVERYTHING EXCEPT FOR THE HOME OCCUPATION, UM, THAT I THINK YOU WANTED ME TO, TO TIGHTEN UP.
SO IF YOU WANT TO TABLE OFF FOUR OF 'EM, THAT'S FINE.
THAT IS AND ARE YOU WORKING ON ANOTHER FOUR
I'D LIKE TO MAKE A MOTION TO THE TABLE BEFORE TILL A UPCOMING MEETING.
DO WE HAVE A DATE ON THAT OR YOU WANT TO? UM, MY GOAL, SO I'M GONNA TURN AROUND FOR THE 13TH.
I THINK THAT'S THE NEXT MEETING.
IS THERE A SECOND? SECOND BY MISS OP SECRETARY, WILL YOU PLEASE CALL THE ROLE? RIGHT.
[01:40:01]
JEFFRIES? YES.UH, MOTION PASSES FOUR TO ZERO TO TABLE TO THE 13TH OF DECEMBER.
WE HAVE NO ADDITIONAL BUSINESS.
NEXT ITEM ON THE AGENDA IS APPROVAL OF MINUTES WITHOUT OBJECTIONS.
THE OCTOBER 11TH, 2022 PLANNING COMMISSION MEETING, UH, MINUTES WOULD BE APPROVED.
SO IN ADDITION TO WHAT WAS TABLED, UM, THERE ARE TWO REZONINGS THAT ARE GONNA BE COMING FORWARD ON THE 13TH.
UM, THE FIRST IS A RESIDENTIAL STRUCTURE ON WILDCAT ROAD, UM, BEHIND WAYNE, THE WAYNE TOWN CENTER.
KIND OF BEHIND THE, AM I RIGHT? YEAH, YEAH.
FURTHER, FURTHER, UH, WEST, UM, AT SOME POINT WHEN I'M TRYING, STILL TRYING TO FIGURE OUT WHEN THAT WAS.
UM, THE CITY, UM, INITIATED REZONING FROM RESIDENTIAL TO I ONE AND IT AFFECTED, UM, THREE RESIDENCES.
UM, THIS PARTICULAR RESIDENCE HAS HAD, UH, A CHALLENGE, UH, EXPANDING, UM, HIS HIS HOME TO ADDRESS SOME MOBILITY ISSUES.
AND, UH, AND SO WHAT WE HAVE SUGGESTED IS THAT, THAT BE REZONED FROM I ONE BACK TO I BELIEVE R THREE OR R FOUR, I THINK IS WHAT WE'RE, UM, CONTEMPLATING.
WE'VE SENT LETTERS TO THE ADJACENT PROPERTIES THAT WERE ALSO, THAT ARE RESIDENTIAL THAT WERE ALSO REZONED TO SEE IF THEY WANT TO BE INCLUDED AS WELL.
WE HAVE NOT HEARD BACK YET, BUT I THINK THEY HAVE ANOTHER WEEK TO GET IN TOUCH WITH ME AS TO WHETHER OR NOT WE'LL INCLUDE THOSE.
SO I, IT'S ONE OF THOSE WHERE I BELIEVE EVERYBODY THOUGHT THE AREA WOULD TRANSITION TO INDUSTRIAL.
UH, AND NOW THIS INDIVIDUAL IS IS KIND OF SUFFERING YOU WERE TALKING ABOUT EARLIER, ISN'T IT? IS THAT THE SAME AREA ON TAYLORSVILLE? RIGHT OFF TAYLORSVILLE? NO, THIS IS REALLY SORT OF BEHIND THE SHOPPING CENTER BEHIND KROGERS A LITTLE BIT.
UM, I THINK AGAIN, THERE WAS A, THERE WAS AN INDUSTRIAL AREA THAT WAS BUILT ON THE EAST OF WILDCAT.
THEY, I BELIEVE AT THE TIME THEY THOUGHT THERE WAS GONNA BE EXPANSION TO THE WEST OF WILDCAT.
AND SO NOW BASICALLY THEY HAVE A NON-CONFORMING HOME IN AN INDUSTRIAL ZONING, WHICH IS CAUSING THEM PROBLEMS. UM, THE SECOND ONE IS THE TABLED CASE FOR THE, UM, THE TRUCK LOT, UM, AT TECHNOLOGY AND ARTS.
UM, WE GOT SOME CLARIFICATION ABOUT WHAT THAT ACTUALLY WILL BE.
UM, AND I'LL, I'LL DESCRIBE IT FURTHER IN THE STAFF REPORT, BUT ESSENTIALLY IT'S A, UH, IT'LL HAVE A REPAIR FACILITY.
WHAT THEY'RE PROPOSING IS A REPAIR FACILITY, UH, AND THEN A, UM, A SEMI TRUCK DROP LOT WHERE THEY WILL EITHER DROP OFF THEIR ENTIRE TRACTOR AND TRAILER OR JUST THEIR TRAILER, GO HOME OR GO TO A HOTEL, COME BACK IN THE MORNING AND, AND MOVE ON.
UH, SO THERE WILL BE NO REAL FACILITIES ON SITE TO, UH, FOR THE DRIVERS OTHER THAN A DIESEL REPAIR FACILITY.
SO WE, WE HAVE SOME CLARIFICATIONS THE APPLICANT IS GOING TO, IS, UH, SUPPOSED TO BE GIVING US, UH, RENDERINGS OF, UH, OF WHAT THAT BUILDING WILL LOOK LIKE.
WE'VE GIVEN THEM UNTIL DECEMBER 1ST TO, UH, TO GIVE THAT TO US.
THERE IS A, THERE'S A SMALL BUILDING INVOLVED.
THAT'S WHAT INDOOR PARKING? NO.
IT'S, IT'S I BELIEVE ONE MAINTENANCE BAY.
ANYONE ELSE HAVE ANYTHING TO BRING BEFORE THE I DO.
SO, UM, STARTING TO WORK ON THE CALENDAR FOR NEXT YEAR, WE DID HAVE TO WAIT FOR COUNCIL TO GET THEIRS, UH, SET SO THAT WE, BECAUSE SOME, THERE'S A COUPLE MONTHS WE HAVE TO WORK AROUND THEM.
SO I'M WORKING ON THE CALENDAR.
AND THE OTHER THING I WANTED TO REMIND YOU IS THOSE WHO REGISTERED FOR THE WORKSHOP ON DECEMBER 2ND, WATCH FOR ANY KIND OF, UH, INFORMATION BEING SENT TO YOU CUZ YOU HAVE BEEN REGISTERED, I THINK IT WAS THE TWO OF YOU.
AND, AND I THINK I SAW SOME EMPLOYEES ALSO.
I'D LIKE TO WISH EVERYBODY A HAPPY THANKSGIVING.
YOU AND, UH, THANK GOD WE'RE STILL HERE.