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[ AGENDA CITY PLANNING COMMISSION City Hall - Council Chambers 6131 Taylorsville Road October 10, 2023 6:00 P.M. ]

[00:00:02]

I SHOULD CALL A MEETING THE CITY OF HUBER HEIGHTS, PLANNING COMMISSION TO ORDER.

SECRETARY, WILL YOU PLEASE CALL THE RULE MR. CASSIDY? HERE.

MR. JEFFRIES? HERE.

MS. THOMAS.

MS. VARGO? HERE.

MR. WALTON? HERE.

MS. THOMAS DID, UM, CALL IN, SO HER ABSENCE IS EXCUSED.

OKAY.

I HAVE NO OPENING REMARKS.

DOES ANYONE ELSE ON THE DIOCESE? THIS IS A TIME FOR CITIZENS' COMMENTS ON ITEMS THAT ARE NOT ON THE AGENDA.

AND HEARING NONE.

WE'LL MOVE ON TO SWEARING OF WITNESSES.

I ANNOUNCED IN ACCORDANCE WITH THE, UH, 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 AND RESPOND.

I DO.

TO THE FOLLOWING OATH, DO YOU HEREBY, UH, SWEAR OR AFFIRM, UH, THREAT OF PERJURY TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, SO HELP YOU GOD? PLEASE BE SEATED.

I ASK ANYONE ELSE? UH, I ALREADY SAID THAT.

OKAY.

FIRST THING, UH, WE HAVE NO PENDING BUSINESS OR NEXT IS NEW BUSINESS, A RELAP.

THE APPLICANT'S CHARLES V. SIMS DEVELOPMENT IS A REQUESTING APPROVAL TO CONSOLIDATE VARIOUS EXISTING LOTS INTO ONE 15.843 ACRE LOT.

THEN SUB SUB SUBSEQUENTLY CREATE NEW LOTS FOR EACH TOWN HOME.

PROPERTY IS LOCATED ONRAMP PIKE, NORTH OF THE RESERVES RP 23 DASH 25.

MR. RELL, GOOD EVENING.

UH, ME, UH, MR. CHAIRMAN, MEMBERS OF THE PLANNING COMMISSION, AARON RELL.

UH, SO THIS IS THE FIRST RECORD PLAN THAT WOULD BE, UH, RECORDED.

UH, IT, UH, CONSOLIDATES AND VACATES, UH, CERTAIN EASEMENTS, AND THEN, UH, EXTINGUISHES, CERTAIN EASEMENTS, UH, AND THEN, UH, ADDS ADDITIONAL, UH, EASEMENTS FOR THE PRIVATE STREETS.

UH, SO THERE'S THE CLEANING UP ALL OF THE PAST, UM, SUBDIVISIONS FROM WHEN IT WAS GOING TO BE THE SECOND OR THIRD PHASE OF THE RESERVE.

THE SECOND RECORD PLAN, WHICH WILL BE RECORDED, UH, IN THAT ORDER, CREATES, UH, 42 RESIDENTIAL LOTS.

THOSE ARE THE SMALL, UH, TOWNHOUSES.

UH, AND THEN CREATES ACTUALLY NOW THREE, UM, LOTS, THREE ADDITIONAL LOTS THEY JUST SUBMITTED TO US TODAY A REVISION.

UM, IT'S SUPER MINOR.

UM, WHAT IT DOES IS AT THE VERY SOUTH CREATES A THIRD LOT THAT WILL BE TRANSFERRED TO THE RESERVES SO THAT THE RESERVES HAS THE ENTIRE PRIVATE STREET WIDTH, UH, FOR THE, FOR THEM.

SO, UH, IT DOESN'T CHANGE THE PROJECT AT ALL.

IT JUST CLEANS UP, UM, CLEANS UP THE EDGES FOR, UH, FOR THE RESERVES AND, UH, THE GABLES.

SO STAFF RECOMMENDS APPROVAL.

ANY QUESTIONS FOR STAFF? DOESN'T MATTER.

IT'S FAIRWAYS.

I, I THINK, I THINK THE NEIGHBORHOOD'S THE FAIRWAY, ISN'T IT? FAIRWAYS, NOT THE RESERVES.

I WAS THINKING ONE THINK IT'S CALLED, I THINK, I THINK IT'S OFFICIALLY CALLED, LIKE THE RESERVES ON THE FAIRWAY OR SOMETHING LIKE THAT.

MAKING SURE WE DIDN'T HAVE THE WRONG NAMES IN THE PAPERWORK.

YEAH.

ANY OTHER QUESTIONS FOR STAFF? THANK YOU, SIR.

YEP.

WE'LL OPEN IT UP TO THE PUBLIC.

IS THERE ANYONE ELSE WISHING TO SPEAK ON THIS ZONING CASE AND HEARING? NO ONE WILL CLOSE THE PUBLIC PORTION OF THE ZONING CASE.

ANYBODY, ANY OTHER COMMENTS? IS THERE A MOTION TO APPROVE THE REQUEST BY THE APPLICANT? CHARLES V. SIMS? DEVELOPMENT FOR APPROVAL OF, OF REPL PROPERTY IS LOCATED ON GRANT PIKE NORTH OF THE RESERVES CASE, RP 2325, IN ACCORDANCE WITH THE RECOMMENDATIONS OF STAFF'S MEMORANDUM DATED OCTOBER 3RD, 2023 IN THE PLANNING COMMISSION'S DECISION RECORD.

ATTACHED THERETO MOVED BY MS. VARGO.

IS THERE SECOND? SECOND BY MR. CASSIDY.

SECRETARY, WILL YOU PLEASE CALL THE ROLL? MR. JEFFRIES? YES.

MS. VARGO? YES.

MR. CASSIDY? YES.

MR. WALTON? YES.

MOTION PASSES FOUR TO ZERO.

WHAT'S NEXT FOR THE APPLICANT? THEY WILL SUBMIT THEIR REVISED, SUBMIT THE, UH, EXECUTED, UH, SIGNATURE AND THANK YOU.

NEXT ITEM ON THE AGENDA'S ADDITIONAL BUSINESS TEXT AMENDMENT.

DISCUSSION.

MR. RELL? YES.

SO THIS WAS GONNA BE A MEMO AND I RAN OUT OF TIME TO WRITE A MEMO.

SO I THOUGHT WE WOULD JUST HAVE A CONVERSATION.

UM, SO YOU HAVE THE POWERPOINT PRESENTATION IN FRONT OF YOU.

UM, THERE I WANT TO DISCUSS THREE TEXT

[00:05:01]

AMENDMENTS THAT WE'RE CONSIDERING.

UH, SO I JUST WANTED TO CHAT ABOUT THEM BEFORE I ACTUALLY START TO WRITE THE, UH, THE, THE TEXT GET YOUR, UH, INPUT BEFORE I START TO DRAFT IT.

SO THE FIRST ONE DEALS WITH, UM, TWO PROVISIONS IN THE GENERAL PROVISION SECTION OF THE CODE, UM, DEALING WITH AGRICULTURE.

UH, SO THE FIRST DE UH, THE FIRST, UH, SECTION IN 1181, UH, IS JUST THIS, IT'S NOT A DEFINITION, BUT THIS SECTION CALLED AGRICULTURAL.

THAT, THAT ESSENTIALLY SAYS THAT NOTHING IN THE CODE WILL PROHIBIT THE USE OF ANY LAND FOR AGRICULTURAL PURPOSES OR THE CONSTRUCTION OF ANY USE BUILDINGS OR STRUCTURES INCIDENTAL TO AGRICULTURE.

THAT'S ESSENTIALLY THE SAME LANGUAGE THAT'S IN THE OHIO REVISED CODE THAT AS IT APPLIES TO TOWNSHIPS.

UH, AND THIS WAS PUT IN, IN THE CODE ADOPTED SHORTLY AFTER, UH, HUBER HEIGHTS WAS, WAS INCORPORATED.

AND SO I THINK IT'S JUST A CARRYOVER FROM KIND OF THE, THE TOWNSHIP MENTALITY OR, OR ROOTS.

THE ISSUE IS IT CONFLICTS WITH THE, UH, THE, THE SECTION BELOW, WHICH IS AGRICULTURAL ANIMALS, UH, WHERE WE STATE THAT AGRICULTURAL ANIMALS SHALL NOT BE KEPT HARVARD OR MAINTAINED IN THESE VARIOUS DISTRICTS, R THREE FOUR, R FOUR B, 5, 6, 7, ET CETERA, EXCEPT IT DOES NOT APPLY TO THOSE LOTS THAT ARE GREATER THAN ONE ACRE OR MORE.

UM, SO WHAT WE HAVE RIGHT NOW IS A CONFLICT.

UM, REALLY CODE ENFORCEMENT IS ASKING US TO ADDRESS THIS.

UH, WE HAVE, UH, SOME BEEKEEPING OCCURRING ON A LOT THAT IS, UH, LESS THAN ONE ACRE.

UH, AND, UM, SO WE ARE IN A CATCH 22 ABOUT THE ENFORCEMENT SIDE OF THIS.

UH, AND SO, UH, OUR SUGGESTION IS TO, UH, JUST ELIMINATE, UH, 1180 1.07, THAT AGRICULTURAL STATEMENT, UH, BUT KEEP THE, UM, KEEP ALLOWING ANIMALS, SO TO SPEAK, TO BE, UH, UM, ON LOTS GREATER THAN ONE ACRE.

BUT GIVE US THE ABILITY TO CLEANLY ENFORCE, UH, THOSE SITUATIONS WHEN THEY ARE ON LOTS THAT ARE LESS THAN ONE ACRE.

UM, I'M GUESSING THAT THIS WAS PUT IN, UM, ONE IS A HOLDOVER FROM TOWNSHIP, BUT TWO, UH, PROBABLY SOME CONCERNS, UH, FOR THOSE FARMED LANDS THAT MAY HAVE BEEN, UH, WHEN THEY ADOPTED THE ZONING CODE PREEMPTIVELY ZONED EITHER INDUSTRIAL OR COMMERCIAL, AND THEY WANTED TO MAINTAIN THE ABILITY TO CONTINUE TO, TO FARM ON THOSE LANDS.

IF WE ELIMINATE THIS PROVISION HISTORICALLY FARMED LANDS OR, UH, IN NON-AGRICULTURAL EXIST, DISTRICTS WILL STILL BE, UH, EXEMPTED FROM THAT PRO FROM THAT PROVISION, AND THEY CAN CONTINUE TO FARM.

AND THERE'S REALLY ONLY TWO, UM, THERE IS A PORTION OF THE, UH, UM, BRIGHT LEARNER FARM IS ZONED CONSERVATION.

UH, AND THEN THERE ARE A COUPLE AREAS IN THE NORTHEAST SECTION THAT ARE ZONED, UH, INDUSTRIAL, BUT ARE ACTUALLY, BUT ARE STILL FARMED.

SO AS FAR AS PRODUCTION FARMS, IT ONLY APPLIES TO A COUPLE AREAS.

MS. VARGO, UM, I REMEMBER WHEN, UH, THIS ISSUE CAME UP A FEW YEARS AGO.

UH, AND IT WAS A PROPERTY RIGHT ON BRANT PRI PIKE NEAR WHERE THE CAR WASH IS RIGHT NOW.

OKAY.

YOU KNOW WHERE I'M TALKING ABOUT MM-HMM.

, AND NEXT TO THAT, THAT THERE'S A HOME THERE OR SOMETHING KIND OF ACROSS FROM THE FIRE STATION.

THERE WERE HORSES THERE MM-HMM.

AND, UH, THAT THEY WERE ALLOWED BECAUSE THEY WERE, BECAUSE IT WAS ZONED AGRICULTURE, BECAUSE THEY HAD BEEN THERE.

IT USED TO BE A FARM I MANY, MANY YEARS AGO.

IS THAT THE PROPERTY THAT, IS THAT ONE OF THE PROPERTIES? I DIDN'T HEAR YOU MENTION THAT.

NO.

ONE OF THE, I BELIEVE THE PROPERTY IN QUESTION IS ON TAYLORSVILLE, AND IT IS A HALF ACRE OR QUARTER ACRE LOT THAT THEY'RE DOING, THAT THEY HAVE SOME BEEKEEPING, UH, ON, ON THE LOT.

AND THE, UH, NEXT DOOR NEIGHBOR, I BELIEVE IS ALLERGIC, UH, WHICH IS RAISED TO THE ISSUE.

SO WHEN CODE ENFORCEMENT WENT OUT TO, TO, TO DO THE SITING, THEY, UM, THE, THE BE THE OWNER OF THE, THE FEES APPEALED BASED ON THIS PROVISION THAT THERE'S A CONFLICT HERE, AND IT SAYS YOU CAN REALLY DO AGRICULTURE ANYWHERE.

UH, AND SO THE EASY SOLUTION IS TO JUST ELIMINATE 11 81 0 7.

UH, THAT'S WHAT OUR LEGAL COUNSEL IS RECOMMENDING, BUT WANTED TO CHAT WITH YOU TO SEE IF THERE WERE OTHER STIPULATIONS THAT WE WANTED TO, UM, TO INCLUDE, SUCH AS, IS ONE ACRE THE RIGHT SIZE FOR HORSES, EMUS,

[00:10:01]

LLAMAS, THAT KIND OF THING.

IT SEEMS LOW TO ME GIVEN HOW WE'VE, YOU KNOW, SUBURBANIZED.

UM, BUT I JUST WANTED TO TEST THE WATERS.

THE OTHER QUESTION I HAVE IS IF THIS RECOMMENDATION, I SUPPOSEDLY THAT'S WHAT IT IS, UH, WERE PASSED, WOULD IT BE GRANDFATHERED IN SO THAT, OR WOULD THE PEOPLE THAT THIS EFFECT RIGHT AWAY AUTOMATICALLY THEY ARE NOT IN COMPLIANCE.

SO I WOULD ARGUE THAT THEY WOULD BE GRANDFATHERED IN BECAUSE THAT, YOU KNOW, WE ARE JUST NOW CHANGING IT.

UH, AND THEY ALREADY HAD THAT ESTABLISHED USE.

EXACTLY.

I, AND I, I JUST WANNA PUT IT OUT THERE THAT I THINK IT'S REALLY UNFAIR IF SOMEONE HAS PURCHASED A PROPERTY AND THEN IN AFTER THEY'VE OWNED IT FOR A FEW YEARS, RIGHT.

WE COME ALONG AND CHANGE THE RULES THAT THEY HAVE BEEN ABIDING BY.

UM, THAT DOESN'T QUITE SEEM FAIR.

AND I KNOW THAT THERE, THERE ARE PROPERTIES, PARTICULARLY IN, IN A SITUATION LIKE WE ARE, WE HAVE GROWN SO MUCH AND WE DO HAVE AGRICULTURAL AREAS THAT ARE NOW WITHIN THE CITY ITSELF.

UH, ON THE OTHER HAND, I THINK WE CAN'T FORGET THE PROPERTY OWNERS.

AND, UH, SO I WOULD DEFINITELY BE IN FAVOR OF GRANDFATHERING IT AND NOT MAKING THEM ABIDE BY IT.

IF, IF WE, IF WE WOULD.

RIGHT.

AND THEY WILL BE.

UM, I THINK WHERE WE'RE GONNA SEE ADDITIONAL CONFLICTS IS AS WE CONTINUE TO IZE, YOU KNOW, BELL, FOUNTAIN AND TAYLORSVILLE MM-HMM.

AND, UH, CHAMBERSBURG AS WE HEAD EAST AND NORTH, THAT'S WHERE WE'RE GONNA GET, GET CONFLICTS HERE.

BUT RIGHT NOW, THESE ARE, THESE TWO PROVISIONS ARE INDIRECT CONFLICT OF EACH OTHER.

AND SO WE WANT TO, TO ELIMINATE THAT.

MR. JEFFRIES.

YEP.

SO ON THAT, AARON, CAN YOU GO BACK TO THE TEXT, I GUESS, SORRY, BECAUSE THE WAY I READ EXACTLY WHAT YOU SAID, THAT THEY'RE IN CONFLICT WITH EACH OTHER MM-HMM.

, BUT 11 81 19 DOES SPECIFICALLY SAY ONE ACRE, SO CORRECT.

THE ONLY ONE THAT ACTUALLY DEFINES SOMETHING IS THAT ONE, AND THEY ARE IN VIOLATION OF THAT ONE.

CORRECT.

UM, AND WHAT WE ARE PROPOSING IS TO JUST ELIMINATE 11 81 0 7.

RIGHT.

BUT I'M SAYING AS FAR AS THE GRANDFATHERING, I MEAN, DON'T WE OPEN THE DOOR TOO FOR THE OTHER NEIGHBOR TO SAY, WELL, THE ONE THAT IS DEFINED, THEY ARE IN VIOLATION AND THE ONE THAT HAS BEEN DEFINED, THEY ARE IN VIOLATION.

I MEAN, WE'RE, WE'RE STUCK EITHER WAY.

WE ARE, I THINK THAT WILL B Z A WILL NEED TO SORT THAT OUT AND ON HOW THEY WANT TO HANDLE THAT.

UM, BECAUSE I, DEPENDING ON WHICH SIDE OF THE COIN YOU'RE ON, YOU'RE GONNA ARGUE ONE SIDE OR THE OTHER.

YEAH.

SO I GUESS MY RECOMMENDATION THERE IS THAT SHOULDN'T BE LEFT TO US OR B Z A AS VOLUNTEER RESIDENTS THAT NEEDS TO GO TO THE ATTORNEYS RIGHT.

THEMSELVES.

AND IT IT WILL YEAH.

WITH, THERE'S NO REASON TO PUT NEIGHBORS AGAINST NEIGHBORS.

AND THAT'S WHAT WE WOULD BE DOING BY PUTTING IT AT B Z A.

BECAUSE I MEAN, LETTER OF THE LAW, NOT KNOWING ANYBODY, I'D SAY, SORRY, I KNOW BEEKEEPERS WILL COME TAKE THOSE BEES IN A HEARTBEAT AND GO TO SOMEWHERE THAT'S GOT AN ACRE.

YEAH.

FLIP SIDE, I DO FEEL FOR THE PEOPLE WHO HAVE BEEN DOING IT, AND I FULLY SUPPORT DOING WHATEVER YOU CAN TO HELP THE BEE POPULATION.

RIGHT.

I MEAN, THAT'S A, A BIG, BIG DEAL.

BUT WE DO SAY ONE ACRE.

I MEAN, THE ONE ACRE I THINK IS PRETTY WELL KNOWN IN THIS CITY FROM THE CHICKEN DEBATE.

RIGHT.

I MEAN, THAT'S, THAT WAS THE, THAT WAS IT.

THAT'S WHEN EVERYBODY LEARNED WHAT IT TAKES TO HAVE ANYTHING ON YOUR PROPERTY.

AND I AGREE.

I MEAN, WE'RE TALKING ONE ACRE WITH A HORSE AND ONE ACRE WITH A CHICKEN'S A BIG DIFFERENCE.

YEAH.

UM, YOU KNOW, A LOT OF CODES BASICALLY USE WHAT'S CALLED AN ANIMAL UNIT, UM, TO, TO FIGURE OUT HOW, WHAT, UH, YOU KNOW, WHAT KIND OF ANIMAL LOAD IS APPROPRIATE FOR THE PROPERTY.

WE DON'T HAVE THAT IN THE CODE.

I'M NOT SURE IT'S NECESSARY.

CAN YOU EXPLAIN AN ANIMAL UNIT? YEAH.

.

SO, UM, AN ANIMAL UNIT IS BASICALLY BASED ON THE AMOUNT OF WASTE AN ANIMAL, UH, PRODUCES OR LIKE HOW MUCH THEY, THEY THEY GRAZE.

SO, UH, I WILL HAVE TO REFRESH MY MEMORY, BUT BASICALLY LIKE, UM, I THINK ONE CHICKEN IS AN ANIMAL UNIT AND IT GOES UP FROM THERE.

SO RABBITS ARE LESS, UH, HOGS, PIGS, CATTLE, CATTLE, YEAH.

THEY GO UP FROM THERE.

OKAY.

LAKE ERIE.

YEAH.

.

AS FAR AS YOU KNOW, HAS CODE ENFORCEMENT HAD AN ISSUE WITH CHICKENS? DID THAT HAVE ANYTHING TO DO WITH THIS COMING UP NOW? NO.

THE, AS FAR AS I'M, MY UNDERSTANDING, I THOUGHT WE PUT THAT TO BED AT ONE TIME.

YEAH.

THIS, THIS AROSE FROM, UM, FROM BEEKEEPING.

SO, AND, AND THE NEIGHBOR BEING ALLERGIC, I BELIEVE SO IS THERE CONSENSUS TO JUST ELIMINATE 11 81 0 7? YEAH.

YES.

AND I, I WOULD BE FINE WITH DISCUSSING THE SIZE OF ANIMALS TOO.

I MEAN, LLAMAS AND ALPACAS ON AN ACRE VERSUS

[00:15:01]

AGAIN, CHICKENS.

I MEAN, THAT'S, THERE'S A DIFFERENCE THERE.

AND I'M, I'M NOT THE ONE TO SIT AND SAY WHAT THAT NUMBER SHOULD BE OR WHAT AN ACRE SHOULD BE VERSUS A THREE ACRE OR A FIVE OR A 10.

I, I DON'T KNOW.

LIKE, I KNOW I CAN BE UP NEXT TO A NEIGHBOR WITH AN ACRE AND I DON'T WANT HIM TO BE ALLOWED TO HAVE FOUR COWS OUT THERE.

ALRIGHT.

YEAH.

I MEAN, IF YOU'VE GOT A HORSE ON AN ACRE, YOU'RE NOT, YOU'RE NOT GONNA HAVE A LOT OF GRASS LEFT VERY SOON.

OKAY.

RIGHT.

SO I THINK MOST PEOPLE WHO ARE RESPONSIBLE OWNERS AREN'T GONNA DO THAT.

OKAY.

AND THEN THE LAST ONE, SORRY, BUT WE'RE TALKING RESPONSIBLE OWNERS.

YEAH.

.

YEAH.

YEAH.

GOOD.

SO ONE LAST ONE ON THAT.

DO WE, I GUESS WHILE WE'RE ON THE AGRICULTURAL SIDE WITH THE EXPANSION OF LEGALIZATION OF MARIJUANA THROUGHOUT THE COUNTRY AND THE PUSH TO RECREATIONAL, DO WE NEED TO LOOK AT THAT IN THE AG DISCUSSION? 'CAUSE ONE ACRE AG IS GONNA OPEN THE DOOR FOR THAT.

YEAH.

UM, SO MARIJUANA'S DIFFERENT IN THAT THE WAY IT WORKS AS FAR AS THE CULTIVATION, UM, OR PRODUCTION OF MARIJUANA IS, UM, HEAVILY REGULATED.

RIGHT.

IT'S REALLY MORE OF AN INDUSTRIAL USE.

UM, WOULDN'T BE CONSIDER, I MEAN, I WOULD CONSIDER, IF YOU WANT TO CONSIDER AN AGRICULTURAL USE, I MEAN IT TECHNICALLY IS, BUT THE WAY IT REALLY WORKS IS IT, IT'S INDOOR FARMING.

YEP.

UM, AND I BELIEVE WE HAVE A PROHIBITION ON ALL OF IT.

YEAH.

THAT'S, SO, AND I THINK THE PROHIBITIONS ARE TEMPORARY AND THAT'S WHY I BRING IT UP IS SOMETHING THAT IF WE'RE GONNA DISCUSS THIS, THIS IS SOMETHING TO GET IN FRONT OF COUNCIL, I, I WOULD RECOMMEND WE GET IT IN FRONT OF COUNCIL BEFORE IT BECOMES AN ISSUE.

BECAUSE WHAT HAPPENED THE LAST TIME AND WHAT SEEMS TO HAPPEN WITH HOTBED ISSUES IS WE GET VERY REACTIVE AND SCRAMBLING.

YEAH.

INSTEAD OF PROACTIVE AND PUTTING SOMETHING IN PLACE WHEN IT'S A LOGICAL CONVERSATION INSTEAD OF WORRYING ABOUT CAMPAIGN SEASON AND STUFF LIKE THAT.

YEAH.

I DON'T SEE A LOT OF NEW, UM, CULTIVATION OR PRODUCTION FACILITIES COMING ON THE MARKET, BUT DEFINITELY DISPENSARIES.

UM, WELL, AND I THINK THE CITY TOOK A HARDER STANCE THAN THE STATE.

YEAH.

SO I KNOW THEY'RE VERY REGULATED.

I THINK THERE'S A LITTLE BIT OF IGNORANCE THAT WENT INTO SOME OF THE DISCUSSIONS.

UH, LACK OF KNOWLEDGE, IGNORANCE, NOT STUPIDITY.

UH, I THINK THEY ARE EXTREMELY REGULATED AND THEY DON'T WANNA DO ANYTHING TO JEOPARDIZE ANY OF THOSE LICENSES THEY'RE GONNA GET.

SO I DON'T THINK THAT NECESSARILY THAT WE NEED TO TAKE A HARDER STANCE AS A CITY.

BUT IF THAT'S WHAT THE CITY WANTS TO DO, I THINK THEY NEED TO DO IT BEFORE IT BECOMES AN ISSUE IN FRONT OF 'EM.

OKAY.

IS, IS MY THOUGHT, 'CAUSE I JUST, I'VE SEEN THIS, THIS ROOM GET FULL JUST TO DEBATE THAT TOPIC.

YEAH.

BECAUSE IT WAS THE HOTBED MOMENT AT THE TIME INSTEAD OF, LET'S JUST PUT IT TO REST BEFORE IT BECOMES AN EMOTIONAL TOPIC, IS KIND OF MY THOUGHT.

SO THAT'S IT.

SO IS THERE A, ARE YOU ADVOCATING ONE DIRECTION OR THE OTHER? IT, I'M NOT ON COUNCIL .

OKAY.

ALRIGHT.

I DON'T AGREE WITH WHAT COUNCIL DID LAST TIME.

PERSONALLY, I THINK IT'S REGULATED ENOUGH.

OKAY.

BUT I'M, I'M NOT A, I'M NOT A COUNCIL PERSON AND I WOULD JUST LEAVE THAT UP TO THEM TO DEBATE, PREFERABLY AFTER ELECTION SEASON.

YEAH.

I WAS THINKING WE WILL RAISE THE BALLOON IN JANUARY.

YEAH.

OKAY.

ANY OTHER THOUGHTS ON NON MARIJUANA BASED AGRICULTURE? NO.

, MY ONLY CONCERN WAS EXACTLY THAT THE SIZE AND THE NUMBER OF THE ANIMALS ON AN ACRE OF LAND IS, IS GONNA BE REALLY DIFFERENT DEPENDING ON WHAT YOU'RE LOOKING AT.

SO I WOULD REALLY LIKE TO SEE THAT ANIMAL UNIT VERBIAGE IN HERE SOMEWHERE.

UM, I DON'T KNOW IF THERE'S OTHER, OTHER PLACES WE CAN LOOK FOR EXAMPLE, VERBIAGE, BUT I WOULD, I WOULD LIKE TO SEE SOME, SOMETHING ALONG THOSE LINES.

'CAUSE AN ACRE FOR A HORSE OR A COW OR A SWINE, EVEN ONE, HONESTLY IS IT'S, IT'S TOO MANY.

SO I THINK WE NEED TO, WE NEED TO BE CLEAR ABOUT WHAT WE'RE GONNA ALLOW.

AND AGAIN, AN ACRE FOR FOUR OR FIVE CHICKENS AND A COOP WHO CARESS.

BUT WHEN IT'S A LARGER ANIMAL, I THINK THAT'S, THAT'S THE BIGGER DEAL.

SO.

OKAY.

WHEN DO YOU NEED US TO, UH, YOU KNOW, THIS IS JUST A DISCUSSION FOR OUR NEXT MEETING.

DO YOU HAVE A DEADLINE ON WHEN YOU WANT TO, IF WE HAVE ANYTHING ELSE TO ADD TO YOU WITH YOU ON THIS? THE ONLY DEADLINE I HAVE, UH, IS FOR THE SELF-STORAGE FACILITIES, WHICH WE'LL TALK ABOUT LAST.

OKAY.

THE OTHERS ARE JUST ISSUES THAT I'VE NOTICED THAT I'M JUST TRYING TO SLOWLY WORK THROUGH WHEN WE'VE GOT A CHANCE.

YEAH.

I'M DEFINITELY ALL FOR GETTING RID OF 11 81 0 7, BUT I, I DON'T, I MIGHT HAVE SOMETHING ELSE ON THE REST OF IT.

OKAY.

YOU HAVE ONE? I JUST THOUGHT, SO ON THE PIGS, UH, KNOW IF WE NEED TO IN THE LANGUAGE SOMEHOW, I MEAN, POTBELLY PIGS OR PETS TO SOME, I'VE SEEN THAT THEY LIVE A LONG TIME AND THEY'RE ACTUALLY PRETTY SMART FROM WHAT I HEAR.

SO IF, I DON'T KNOW IF WE NEED TO BE CAREFUL OF HOW WE CALL OUT, LIKE SAYING THEY CAN'T BE THERE BECAUSE OF THE ANIMAL UNIT OR A POT-BELLIED PIG PET IS OKAY.

AND AGAIN, NOT, NOT FOR ME AND NOT, NOT SOMETHING THAT I, I KNOW HOW TO ANSWER, BUT JUST A CONCERN I COULD SEE

[00:20:01]

US RUNNING INTO AT SOME POINT.

YEAH.

OKAY.

THAT'S A GOOD POINT.

, THERE'S PROBABLY ALL KINDS OF DIFFERENT POPULAR PIGS, RIGHT? .

SO THE NEXT ISSUE IS DAYCARE.

UM, SO THE STATE IS THREE TYPES OF DAYCARES, UM, CHILDCARE CENTERS, WHICH ARE MORE THAN 12, UH, CHILDREN.

UH, AND THOSE ARE CENTERS.

THOSE ARE WHAT I WOULD CONSIDER COMMERCIAL CENTERS.

THAT IS A DAYCARE FACILITY THAT IS NOT IN THE PROVIDER'S, UH, HOUSE.

UH, THEN THERE ARE TWO OTHER TYPES.

THERE'S A TYPE A, UH, FAMILY CHILDCARE TYPE A, WHICH IS SEVEN TO 12 CHILDREN AND TYPE B, WHICH IS ONE TO SIX CHILDREN.

UH, AT THE VERY MINIMUM, WE NEED TO UPDATE OUR DEFINITION TO ALIGN WITH WHAT THE STATE NOW REGULATES.

UM, WHICH WE ARE, WE ARE LOWER THAN THIS.

UM, SO I'VE KIND OF HIGHLIGHTED IN THE NEXT PAGE THE DEFINITION.

SO RIGHT NOW, UM, OUR DAYCARE FAMILY HOMES ARE FIVE OR LESS.

UM, SO I'D LIKE TO BASICALLY COMPLY WITH THE STATE DEFINITION FOR, UH, DAYCARE CENTERS.

SO MOVING THAT, UH, ONE TO SIX, SEVEN TO 12 AND MORE THAN 12.

UM, FOR WHATEVER REASON, WE DON'T HAVE PUBLIC FACILITIES AS A DAYCARE, SO LIKE A COUNTY RUN FACILITY.

UM, WE DON'T CONSIDER THAT A DAYCARE.

IT WOULD JUST BE A PUBLIC FACILITY.

BUT TO ME IT DOESN'T MATTER IF IT'S PRIVATE OR PUBLICLY.

I MEAN, DAYCARE'S, DAYCARE, CHILDCARE CENTERS ARE CHILDCARE.

SO I WANT TO ADD THAT TO THE, UH, TO THE MIX.

AS FAR AS THE DEFINITION, THOSE ARE, THOSE ARE JUST MINOR TWEAKS JUST TO COME IN LINE WITH WHAT THE STATE ACTUALLY LICENSES.

UM, THE SECOND AND THE CHART'S PROBABLY EASIER TO SEE ON THE, ON YOUR, UH, ON THE HANDOUT.

RIGHT NOW, ALL DAYCARE FACILITIES, EITHER CHILD OR ADULT OR FAMILY, ARE ALL SPECIAL USE PERMITS.

UM, THAT, UM, REALLY THIS BOARD HAS THE ABILITY TO GRANT OR DENY.

UM, WHAT I AM PROPOSING IS THE SMALL FAMILY CARE CENTERS, THE ONES THAT ARE ONE TO SIX CHILDREN, THAT THOSE BE PERMITTED, UH, IN EVERY RESIDENTIAL DISTRICT.

UM, SO I'M THROWING THAT OUT THERE FOR CONSIDERATION.

UH, THE, THE MID-SIZE, UM, SEVEN TO 12 CHILDREN, I MEAN, THAT, THAT GETS TO BE KIND OF A BIGGER, BIGGER LOAD.

UM, PERMITTED IN THE LOAD DENSITY AND MEDIUM DENSITY.

UH, AND THEN ALSO PERMITTED IN THE PLANNED PUBLIC AND PRIVATE BUILDINGS.

UH, AND THEN RIGHT NOW WE DON'T PERMIT, UH, COMMERCIAL CHILDCARE CENTERS IN ANY OF OUR COMMERCIAL DISTRICTS.

UM, SO WE ASSUME THE DEFINITION ASSUMES THAT ALL DAYCARE IS RESIDENTIAL BASED.

UM, SO WHAT I'M PROPOSING IS THAT WE PERMIT, UH, CHILD OR ADULT CARE CENTERS, THOSE THAT ARE GREATER THAN 12 CHILDREN, UH, IN OUR COMMERCIAL DISTRICTS AS WELL AS PLANNED PUBLIC BUILDINGS.

CAN YOU TELL ME, I'M, I'M SORRY, BUT I DON'T KNOW WHAT THESE ACRONYMS ARE.

WHAT IS SU SPECIAL USE? SPECIAL USE? YEP.

THAT'S WHAT, THAT'S WHAT IT'S CURRENT.

HE IS PERMITTED.

PERMITTED, YEP.

SO I'M JUST THROWING THIS OUT HERE FOR SOME CONSIDERATION.

THE SMALL, THE TYPE B UM, CHILDCARE CENTERS AREN'T MUCH DIFFERENT THAN A LARGE FAMILY.

UM, WHEN YOU GET INTO, AND YOU CAN HAVE UP TO TWO, I BELIEVE IT'S TWO, UH, TWO INFANTS, UH, IN THE TYPE A AND IN TYPE, UH, B, UH, THE REST HAVE TO BE A LITTLE BIT BIT OLDER.

UM, AS FAR AS THE FAMILY CARE CENTERS OF THE TYPE A, THE SEVEN TO 12, I THOUGHT IT WAS A STRETCH TO GO TO OUR, UM, HIGHER DENSITY RESIDENTIAL.

'CAUSE WE HAVE SMALLER LOT SIZES.

THE, THE, THE UNITS TEND TO BE A LITTLE BIT SMALLER.

THERE'S NOT A LOT, THERE'S LESS ROOM FOR THE KIDS TO PLAY, ET CETERA.

SO I'M NOT, NOT ADVOCATING NECESSARILY FOR ALL OF THESE EXCEPT FOR THE TYPE B I THINK WE SHOULD MAKE IT EASIER FOR SMALL, UM, FAMILY CARE CENTERS IN OUR RESIDENTIAL DISTRICTS.

UM, THE MEDIUM ONES, I'M, I'M THROWING THIS OUT, UH, BASICALLY MAKE THEM PERMITTED INSTEAD OF A SPECIAL USE.

BUT I DO THINK THAT WE NEED TO ALLOW FOR COMMERCIAL CHILDCARE AND ADULT CARE IN OUR COMMERCIAL DISTRICTS.

I THINK THAT'S A BIG OVERSIGHT IN THE CODE.

MR. JEFFERS, I, I JUST, I MEAN, I'M GLAD YOU CAUGHT IT.

I SAID THIS IN THE EMAIL.

I'M PRETTY DISAPPOINTED IN THE OVERSIGHT AND THE CODE THAT'S BEEN THERE THIS LONG BECAUSE WE'VE, WHICH I'M GLAD YOU'RE FINDING THIS IS NOT AT YOU.

I'M JUST SAYING THAT WE'VE BROUGHT UP DAYCARES AS A POSSIBLE TYPE OF BUSINESS AND PLAN MIXED USE DEVELOPMENTS LIKE WHERE

[00:25:01]

A STORAGE UNIT'S UNDER CONSTRUCTION RIGHT NOW ADJACENT TO A NEIGHBORHOOD.

WE SAID THAT'S THE TYPE OF BUSINESS WHEN WE THINK OF COMMERCIAL ADJACENT TO A NEIGHBORHOOD.

RIGHT.

AND THIS IS BACK, UH, MORE THAN TWO YEARS AGO.

OKAY.

SO ABOUT TWO YEARS AGO THAT WE HAD THAT CONVERSATION.

AND THAT'S JUST ONE OF MULTIPLE CONVERSATIONS.

I KNOW I'VE HAD HERE WITH NOT JUST YOU, BUT WITH OTHER FOLKS IN THE CITY.

THAT IS SO, YEAH, I'M, I'M FULLY ON BOARD WITH FIXING THAT.

I THINK THAT'S AN ERROR.

I THINK CHILDCARE IS A HUGE ISSUE, UH, AND A HUGE COST.

AND I THINK WE EVEN HAD A RESIDENT BRING IT UP AS AN OPTION TO PUT NEAR NEIGHBORHOODS BECAUSE THERE'S A LOT OF GRANT MONEY OUT THERE TO FUND AND KICKSTART SOME OF THESE MM-HMM.

, WE'RE COMPLETELY MISSING THE BOAT ON IT BECAUSE WE'VE BASICALLY TOLD 'EM, DON'T EVEN LOOK HERE.

YEAH.

WE'VE HAD A LOT OF, UH, RECENT CALLS ABOUT THE, UH, ABOUT THE FAMILY CARE CENTERS.

I THINK THE COUNTIES ARE PUSHING THAT AS PART OF, YOU KNOW, AN ECONOMIC DEVELOPMENT, A WORKFORCE DEVELOPMENT STRATEGY.

SO I THINK WHAT WE CAN DO TO MAKE IT EASIER, UH, HELPS ESPECIALLY EVERYBODY WITH, WITH CHILDREN.

RIGHT.

AND, AND I AGREE.

I THINK THE SEVEN TO 12 IN THE HOME IS, I DON'T KNOW WHAT THE NUMBER IS, BUT 12 SURE.

SOUNDS LIKE A LOT.

.

THAT'S A LOT.

AND I KNOW THIS SOUNDS ODD, AND I DON'T KNOW IF WE NEED TO PUT IT IN THE TEXT SOMEWHERE, BUT I KNOW OF A PLACE WHERE THIS WAS AN ISSUE.

CAN WE MAKE SURE THAT THE OUTDOOR AREA IS CONFINED TO THE BACKYARD? SO THE FRONT YARD IS NOT FULL OF KIDS AND KIDS TOYS EVERY SINGLE DAY.

YOU DRIVE BY THE HOUSE.

AND THEN THAT'S, I KNOW OF AN ADDRESS WHERE THAT WAS THE CASE.

SO I KNOW IT SOUNDS ODD TO BRING IT UP, BUT I, I KNOW BECAUSE I SAW IT, I THINK NOW I, AND NOW WOULD BE THE TIME TO BRING IT UP.

EXACTLY RIGHT.

YEAH.

MR. CASSON, SO AARON, JUST TO BE CLEAR, THERE IS A LICENSING REQUIREMENT FOR TYPE A AND TYPE B THROUGH THE STATE.

IS THAT CORRECT? YEAH, FOR ALL THREE OF THESE, YEAH.

OKAY.

AND SO THE FAMILY CARE CENTER'S TYPE A, I WOULD ASSUME THEY WOULD ALSO BE SUBJECT TO ANY SIGNAGE LIMITATIONS IN THE CODE ELSEWHERE? I AGREE.

FROM AN ADVERTISING STANDPOINT, YEAH.

SO THE SIGNAGE WOULD, WOULD BE BY, BY DISTRICT.

SO, UM, WE, WE, WE ALLOW VERY LITTLE, UM, RESIDENTIAL SIGNAGE ON THE HOME.

UM, SO I THINK WE WOULD WANT TO MAKE SURE THAT WE, WE LOOK AT 1189 TO, TO MAKE SURE THIS LOOKS LIKE A HOME-BASED BUSINESS AND DOESN'T HAVE A BIG, YOU KNOW, YEAH.

DAYCARE SIGN ON THE FRONT YARD.

UH, THE ONLY THING THAT MAYBE IS A LITTLE BIT DIFFERENT, I BELIEVE, WELL, I KNOW THAT TYPE B UH, IS EXEMPT FROM THE, FROM THE BUILDING CODE.

SO THEY CAN'T, SO IF THEY, UM, ISSUE A LICENSE, WE CAN'T RETROACTIVELY GO IN AND SAY, YOU NEED TO FIX X, Y, AND Z.

UM, I DON'T KNOW.

I DON'T REMEMBER IF THAT APPLIES TO TYPE A AS WELL.

SO THE IDEA FOR TYPE B THE SMALL ONES IS IT'S JUST LIKE, YOU KNOW, IT'S JUST LIKE YOUR HOUSE.

YEAH.

I THINK, I THINK TYPE B'S A NO-BRAINER TYPE A, THE SEVEN 12, I MEAN, YOU ARE GETTING UP THERE IN TERMS OF THE NUMBER OF KIDS, BUT I DO KNOW SOME PEOPLE WHO DO THIS PRETTY WELL WITH SOME HELPERS OR ASSISTANCE THAT THEY'VE GOT.

AND SOMETIMES THIS IS ONLY AFTER SCHOOL CARE.

RIGHT.

UM, AND SO YOU MIGHT HAVE 10 KIDS FOR AN HOUR OR TWO AND THEN THEY ALL DISSIPATE.

SO, UM, I'M FINE WITH THAT.

I, I DO LIKE THE FACT THAT YOU KEPT IT OUT OF THE HIGH DENSITY.

'CAUSE I, I DON'T THINK THAT WORKS.

UM, I ACTUALLY LIKE THIS PLAN A LOT, SO I DON'T, I DON'T HAVE ANY MAJOR CONCERNS.

OKAY.

SO MR. JEFFS, YEP.

LAST ONE.

I THINK.

SO I KNOW WE'RE TALKING PRIMARILY DAYCARE, CHILDCARE.

DO WE NEED TO, I MEAN, DOES IT NEED SPELLED OUT AS CHILDREN OR INDIVIDUALS AS WE GET INTO THE ADULT OR POSSIBLY HANDICAP SIDE OF THINGS? SO, UM, THAT WILL BE THE NEXT GROUP THAT I BRING TO YOU BECAUSE OUR SPECIAL NEEDS POPULATION SECTION OF THE CODE IS, IS ALL FUNKY.

UH, AND SO WE DON'T ADDRESS M R D D HOUSING CORRECTLY NOW.

I MEAN THE, THE STATE HAS EVOLVED AND OUR CODE HASN'T.

SO NOW WE'RE JUST CATCHING UP TO HOW THAT, UH, IS.

I'M TRYING TO CATCH US UP TO WHERE WE SHOULD BE.

UM, FOR EXAMPLE, FAMILY FOSTER HOMES, UM, ARE EXEMPT FROM ZONING REGULATIONS.

WELL, WE, WE REGULATE IT.

UM, AND SO WE WANT TO, I MEAN, WHY WOULD YOU NOT, WHY WOULD YOU WANNA DISCOURAGE FOSTER CARE? UM, SO THAT'LL BE THE NEXT ROUND THAT I BRING TO YOU, BUT THAT'S A LITTLE BIT MORE COMPLICATED.

AND I WANT THE ATTORNEYS TO WEIGH IN ON THAT FIRST BEFORE I, UH, I BRING THIS TO YOU JUST SO THAT I KNOW THAT WE'RE ON AGREEMENT, UH, EXACTLY WHAT'S EXEMPT FROM ZONING SO THAT WE CAN HAVE, WE CAN PUSH THAT CONVERSATION ASIDE AND FOCUS ON WHAT WE SHOULD CONTROL AND WHAT WE SHOULDN'T CONTROL.

DO YOU KNOW HOW MANY TYPE A OR TYPE D WE HAVE IN THE CITY? I DO NOT KNOW.

UM, DOES ANYONE KNOW? UM, I DON'T KNOW

[00:30:01]

IF WE CAPTURE THAT IN OUR, UM, UM, ZONING PERMIT FILE.

UM, I DIDN'T CHECK, BUT I WILL, I'LL RUN A REPORT AND SEE IF WE DO.

I KNOW THAT, I MEAN, I CAN PROBABLY GET A REPORT FROM THE COUNTY, UM, SINCE THEY LICENSED THEM.

UM, BUT I DIDN'T DO THAT.

BUT I CAN, I CAN, WELL, THE LICENSE COMES FROM THE COUNTY, NOT THE STATE.

MM-HMM.

, THE COUNTY'S A PASS THROUGH FROM THE, FROM THE STATE REGULATIONS.

SO IT, IT'S THROUGH THE, UH, JOBS AND FAMILY SERVICES.

SO IF I WANTED TO DO A, A CHILDCARE TYPE B, WHERE WOULD I APPLY? YOU WOULD GO THE CITY, THE COUNTY, BOTH STATE , .

SO YOU WOULD WORK WITH, UH, THE COUNTY THROUGH, UH, JOBS AND FAMILY SERVICES.

UH, AND THEY WOULD LEAD YOU THROUGH THE PROCESS OF MAKING SURE THAT YOUR HOUSE IS, IS CORRECT, YOU'VE GOT THE RIGHT TRAINING.

THEY, THEY HELP YOU BUILD SORT OF A WORK PLAN.

UM, AND THEN YOU WOULD APPLY FOR US FOR A ZONING PERMIT, UH, ONLY SO THAT WE CAN TAG IT WITH OUR, UH, IN OUR G I S SYSTEM FOR FIRE.

THAT THEY KNOW THAT THIS IS A, YOU KNOW, MORE THAN JUST A REGULAR HOUSE.

THAT THERE COULD BE, ARE YOU FAMILIAR ENOUGH WITH THE REGULATIONS TO KNOW IF THERE ARE INSPECTIONS DONE? UM, THERE ARE INSPECTIONS THAT ARE DONE BY THE, BY THE, BY THE COUNTY, UH, ON A REGULAR BASIS, NOT JUST TO OPEN.

I DON'T KNOW HOW REGULAR THEY ARE, BUT I CAN FIND OUT.

OKAY.

WELL I WOULD, I WOULD LIKE TO HAVE A LITTLE BIT MORE DETAIL ABOUT WHAT THE REQUIREMENTS ARE AND HOW MANY WE HAVE HERE.

AND DO WE NEED MORE? ARE THE ONES WE HAVE BEING, UH, LOOKED AFTER.

I DON'T THINK WE HAVE A LOT OF THE CHILDCARE CENTERS, THOSE LARGER THAN 12.

'CAUSE I JUST DON'T SEE 'EM WHEN I, WHEN I DRIVE OUR DOWN OUR COMMERCIAL CORRIDORS AT ALL.

I DIDN'T EVEN KNOW THAT YOU COULD HAVE MORE THAN SIX .

MM-HMM.

.

I KNOW THERE'S A, A BIG NEED FOR CHILDCARE THOUGH.

RIGHT.

AND, UH, I HOPE THE CHILDREN ARE BEING CARED FOR.

OKAY.

LASTLY, UM, SO THIS IS THE, THE CHILDCARE.

IF YOU'VE GOT OTHER THOUGHTS AFTER THE FACT, JUST EMAIL ME.

UM, SO LAST ONE IS STORAGE FACILITIES, SELF STORAGE FACILITIES.

UM, YOU'RE NOT GONNA BE, BE ABLE TO READ THIS ON THE SCREEN.

WELL, I GUESS THAT ONE YOU CAN.

SO THIS I DID A SCAN OF, UH, WELL, SO AS YOU'RE AWARE, COUNSEL PUT A MORATORIUM ON NEW SELF-STORAGE FACILITIES THAT MORATORIUM EXPIRES AT THE END OF THE YEAR.

AND SO, UM, I WOULD, I'M TRYING TO GET NEW REGULATIONS DRAFTED FOR THAT.

UM, I DID A SCAN OF LOCAL COMMUNITIES AND THIS IS KIND OF HOW IT BREAKS DOWN.

SO RIGHT NOW, 'CAUSE WE CHANGED IT EARLIER LAST YEAR, WE ONLY ALLOW IT IN THE THEM IN THE I ONE PLANNED INDUSTRIAL AND PLANNED COMMERCIAL NOW.

BUT PLANNED COMMERCIAL IS ONLY INDOOR STORAGE, KINDA LIKE THE, THE U-HAUL THERE ON UH, BRAND.

UM, OUR MINIMUM LOT SIZES FOLLOW THE BASE ZONING REALLY.

SO DO THE SETBACKS, UM, ET CETERA.

CENTERVILLE ALLOWS 'EM IN INDUSTRIAL AND PLANNED INDUSTRIAL, THEY HAVE A, A SIZE LIMIT.

SO THREE ACRES.

THEY ALSO, UH, LIMIT THEM TO 8% OF THE ENTIRE ZONING DISTRICT.

SO THEY'VE EFFECTIVELY ELIMINATED, UM, SELF-STORAGE FACILITIES.

UNLESS CENTERVILLE GOES ON AN ANNEXATION RUN, I DON'T THINK THEY HAVE REALLY A LOT OF ROOM TO, TO TO BUILD MORE.

UH, YOU CAN SEE DAYTON ALLOWS THEM IN, UH, A FEW MORE DISTRICTS.

UM, THEY DO HAVE OTHER, UH, REQUIREMENTS SUCH AS AS CAN ONLY BE ON AN ARTERIAL, UH, AND NO DOOR OPENINGS FACE, UH, RESIDENTIAL AREAS.

UH, IN APRIL OF THIS YEAR, KETTERING JUST OUTRIGHT PROHIBITED THEM.

UM, BEAVER CREEK ALLOWS THEM IN INDU, BASICALLY THEY'RE HEAVY COMMERCIAL AND THEY'RE INDUSTRIAL DISTRICTS.

UH, AND SPRING BRO HASN'T PERMITTED THEM SINCE AT LEAST 1976.

WOW.

.

UM, SO THE ARGUMENT TO PROHIBIT THEM IS ONE, THEY TAKE UP A LOT OF LAND AREA, UH, AND THEY CREATE ONE, MAYBE TWO JOBS AT THE MOST, UH, THAT THEY'RE HARD TO MAKE PRETTY.

UM, THE, THE, THE ARGUMENT TO KEEP THEM IS THAT THEY PROVIDE A SERVICE FOR, FOR RESIDENTS.

UM, IT FEELS LIKE THERE IS LESS AND LESS, UH, APPETITE FOR THEM IN THIS COMMUNITY.

SO WHAT I AM PROPOSING IS THAT WE ELIMINATE SELF STORAGE AS A PERMITTED USE IN ANY DISTRICT.

UM, AND THAT THOSE EXISTING FACILITIES, UM, MAY EXPAND WITHIN THE BOUN BOUNDARY OF THEIR CURRENTLY OWNED LAND

[00:35:01]

SUBJECT TO, UH, SETBACK REQUIREMENTS.

SO BASICALLY IF YOU'VE GOT ONE AND YOU'VE GOT A LITTLE BIT OF EXTRA LAND, YOU CAN EXPAND, BUT WE WOULD NO LONGER PERMIT NEW, UM, SELF-STORAGE FACILITIES.

I'M IN MR. JEFFRIES, HOW WOULD THAT OPEN THE DOOR FOR THE EXISTING U-HAUL ONRAMP PIKE IF THEY WANTED TO CALL THEIR PARKING LOT LAND? SO, UM, THEIR PLANNED COMMERCIAL.

SO, UM, WE WOULD STILL HAVE THAT ABILITY.

THE ONLY FACILITY THAT, WHEN I LOOKED AT THIS, THE ONLY FACILITY THAT HAS ROOM TO EXPAND THAT'S NOT IN A PLANNED DISTRICT IS THE FACILITY THAT'S ON KITTRIDGE AT THE VERY FAR EAST SIDE OF THE CITY.

RIGHT.

KIT, WHICH RIGHT NOW IS ALL INDOOR.

UM, BUT THEY'VE GOT ROOM TO EXPAND IN THE BACK IF THEY WANTED TO.

OKAY.

AND THEN IF WE WENT THIS ROUTE, WHICH I'VE BEEN A FAN OF, LET'S SHUT THESE THINGS DOWN FOR A WHILE.

I MEAN, THIS HAS BEEN A COUPLE YEARS OF DISCUSSION TOO, SO, BUT I AM, I HAVE SEEN WHERE IT'S WORKED IN SOME OF THE REUSES OF BUILDINGS.

LIKE WE'VE TALKED LIKE IN OLD TARGET IN I THINK, UH, SPRINGFIELD, THE OLD MORRIS FURNITURE OVER HERE.

SO IF WE GO THIS ROUTE, DOES THAT ELIMINATE THOSE OPTIONS OR IS THERE A WAY THAT WE WOULD KEEP THOSE OPTIONS OPEN IF THE BUILDING IS VACANT LONG ENOUGH? LIKE I DON'T WANNA BE ABLE TO COME IN ONE DAY LATER AND OPEN IT.

BUT IF WE HAVE A BUILDING LIKE IN THAT, YOU KNOW, THE OLD FLICKER PALACE AREA THAT NEEDS SOME RENOVATION AND SOMEBODY'S WILLING TO DO AN INDOOR REMODEL, DO WE HAVE THE ABILITY STILL TO COME BACK OR IS THAT A SPECIAL USE OR, 'CAUSE I DON'T LIKE TO OPEN THE DOOR FOR SPECIAL USES.

'CAUSE THEN EVERYBODY THINKS THEIR USE IS SPECIAL.

RIGHT? RIGHT.

WELL WE HAVE THE ABILITY TO DO A USE VARIANCE.

UM, SO, UM, AND WE CAN TIGHTEN THAT UP A LITTLE BIT.

SO IF THERE IS A, A BUILDING THAT HAS REALLY, YOU KNOW, BEEN MARKETED FOR A PARTICULAR PERIOD OF TIME HAS FOUND NO USER, UH, AND THIS IS THE ONLY, YOU KNOW, THE, THE REALLY ONLY VIABLE REUSE PLAN, I THINK THAT WOULD BE AN OPPORTUNITY TO USE A USE VARIANCE.

UM, SO WE DO HAVE THAT, WE HAVE THAT TOOL IN OUR QUIVER IF WE NEEDED IT.

UM, AND THERE ARE SOME BIG BOXES THAT, THAT COULD GO OUT OF BUSINESS, UM, AT SOME POINT IN TIME THAT IT MIGHT BE A, A GOOD REUSE.

THE OTHER IS THAT, YOU KNOW, MAYBE THAT BOX SHOULD JUST BE SCRAPED AND, UH, YOU KNOW, A A A COMPLETELY NEW PLAN DEVELOPED RATHER THAN, UH, ESSENTIALLY LINING IT UP WITH, YOU KNOW, 200 INDOOR CAGES, WHICH IS WHAT THEY ARE.

RIGHT, RIGHT.

OKAY.

I THINK IF, IF THERE IS A COMPELLING REASON TO DO THAT, WE'VE GOT THE ABILITY IN THE FUTURE.

BUT, UM, THAT WOULD NOT BE MY FIRST SUGGESTED REUSE.

UM, YOU KNOW, I THINK OF THE KMART, IS IT THE KMART? NO, THAT, THAT'S NOW A KROGER.

THERE WAS RURAL KING KMART'S.

RURAL KING, YEAH.

SCOS.

YES.

SO ANYWAY, I THINK THERE ARE, THERE ARE, IT WOULD BE MY LEAST FAVORITE REUSE OPPORTUNITY BECAUSE THEY, THEY MEANT MONEY.

UH, AND ONCE IT'S IN, IT'S IN.

OKAY.

YEP.

IS THERE SOMETHING THAT COULD BE TIED TO WHERE IF THEY WERE TO EXPAND WE, WHICH COULD DO A SPECIAL USE TAX OR ANYTHING LIKE THAT, THAT DOES GENERATE SOMETHING SINCE THERE ARE NO JOBS, IF SOMEBODY WERE TO DECIDE TO EXPAND, BECAUSE I KNOW WE GOT A BUNCH OF 'EM, BUT THEY DON'T NEED TO BE FULL FOR SOMEBODY ELSE TO BUILD A NEW ONE.

THEY, THEY PRINT MONEY.

RIGHT.

SO, YOU KNOW, IT'S NOT A MATTER OF, WE'RE MAKING IT TO WHERE PEOPLE IN THE CITY AREN'T GONNA HAVE STORAGE OPTIONS.

THERE'S GONNA BE STORAGE OPTIONS WITH WHAT'S HERE FOR A WHILE.

YEAH.

THERE ARE PLENTY OF STORAGE OPTIONS AND THERE'S MORE BEING BUILT IN THE TOWNSHIPS SURROUNDING AREAS.

SO WHAT ABOUT THE ONE BY THE MOVIE THEATER BEHIND KROGER THAT BUILT THE BIG INDOOR BUILDING AND THEN THE LOT NEXT TO IT? THEY ALREADY, THEY HAVE APPROVALS MM-HMM.

FOR THE OUTDOOR BUILDINGS THAT ARE THE STANDARDS, BUT THAT APPROVAL IS OVER A YEAR OLD, WHICH I BELIEVE WE ARE ABLE TO RECALL AFTER THAT PERIOD.

RIGHT.

I COMPLETELY FORGOT ABOUT THAT ONE.

I WAS THINKING JUST THE ONE ON KITTRIDGE, UM, BECAUSE IT WAS SUPPOSED TO DO A PHASE TWO AND THEY HAVEN'T YET.

RIGHT.

AND THAT, THAT APPROVAL IS EXPIRED IF WE DECIDE TO RECALL IT FROM WAY I REMEMBER.

YEAH.

LET ME GO BACK.

'CAUSE THERE'S A STORY BEHIND THAT OF WHY THEY DIDN'T MOVE FORWARD AND, UM, I DON'T REMEMBER OFF THE TOP OF MY HEAD.

I THINK IT HAS SOMETHING TO DO WITH THE ACTUAL GROUNDS.

UH, AND, BUT I DON'T EXACTLY REMEMBER WHY.

SO I'LL, I'LL COME BACK AND REVISIT THAT WITH, WITH YOU.

BUT IN GENERAL, IS THIS THE DIRECTION YOU WANT TO GO? YES.

OKAY.

MR. CASSIE? YEAH.

SO JUST REAL QUICK, AARON.

SO I KIND OF SEE THREE CONTROL OPTIONS FOR THIS.

ONE IS THE ONE THAT YOU'VE GOT HERE, THE ONE IN THE EXAMPLE IN CENTERVILLE IS IT'S 8% OF ZONING DISTRICT AND I WOULD SAY BEAVER CREEK HAS THE LESSER CONTROL OF SORT OF A HUNDRED FOOT SETBACK FROM RESIDENTIAL IS SORT OF HOW THEY'RE CONTROLLING IT.

SO

[00:40:02]

OF THESE THREE, DO YOU THINK THAT THE ONE, THIS ONE SEEMS THE MOST DRACONIAN, SO IS THIS THE ONE THAT YOU THINK MAKES THE MOST SENSE? UM, I MEAN, CENTERVILLE'S NOT GONNA ANNEX.

I WON'T COMMENT ON IF WE EVER WILL, BUT I DON'T KNOW IF THAT, HOW DO WE COMPARE TO THAT 8% THAT'S IN CENTERVILLE AND IS THAT THE RIGHT NUMBER? UM, OR DO YOU THINK THAT THIS IS PROBABLY THE BETTER? I THINK THIS, THE BETTER PUSH THIS, THIS APPROACH IS THE BETTER APPROACH IF WE WANT TO MAKE SURE THAT, THAT WE WANT THIS NO FUTURE SELF STOR, OUTDOOR SELF STORAGE FACILITIES, UH, TO BASICALLY CHEW UP PRODUCTIVE LANDS.

AND IT WOULD BE GOOD FOR THE EXISTING BUSINESSES BECAUSE NOW IF THEY HAVE OPENINGS AND INSTEAD OF HAVING ANOTHER OPTION, THEY CAN GO THERE PLUS TROY AND TIP CITY TO PASS MORATORIUMS ALSO.

YEAH.

SO THEIR MARKET SHARE IS ASSURED.

OKAY.

THEY SAID THEIR MARKET SHARE WOULD BE ASSURED.

YEP.

UM, WITH SPRINGBORO, UH, WITH KETTERINGS, DO THEY HAVE AN EXPIRATION ON THEIRS? NO.

OKAY.

SO IT'S JUST INFERENCE, THEY JUST TOOK IT, THEY COMPLETELY TOOK IT OUT AS A PERMITTED USE.

ALRIGHT.

YEAH.

AND DOES THEIR LANGUAGE COMPARE TO OURS HERE? UM, NO.

WHAT I'M DOING IS MAKING SURE THAT WE DON'T GET SUED BY THE EXISTING, UM, FACILITIES THAT HAVE ROOM TO EXPAND.

OKAY.

ALRIGHT.

AND CENTERVILLE'S CAME OUT OF A MORATORIUM, LIKE WHAT WE'RE UNDER RIGHT NOW MM-HMM.

JUST IN THE LAST COUPLE OF YEARS ALSO.

MM-HMM.

DO WE REQUIRE A SECURITY SYSTEM FOR, UH, FOR THEM NOW? WE DON'T REQUIRE ONE.

UM, I THINK EVERY, ALL OF THEM HAVE SOME KIND OF SECURITY SYSTEM TAKE OF THAT, BUT THAT MIGHT NOT BE A BAD THING TO PUT IN.

THEY, ALL OF THEM ARE SECURE FACILITIES.

YEAH.

OKAY.

THAT'S ALL I HAVE.

FANTASTIC.

I MEAN, I CAN DRAG THIS OUT FOR A COUPLE MORE HOURS IF YOU'D LIKE.

.

THANK YOU.

NEXT ITEM ON THE AGENDA IS APPROVAL OF MINUTES.

THE PLANNING COMMISSION AUGUST 15TH, 2023 AND SEPTEMBER 12TH, 2023 WILL BE APPROVED WITHOUT ANY OBJECTIONS.

ARE THERE ANY OBJECTIONS? AND THEY ARE APPROVED REPORTS AND CALENDAR REVIEW, MR. RELL.

UH, SO AT THIS MOMENT WE DON'T HAVE ANYTHING ON FOR THE NOVEMBER, WELL, LET ME REPHRASE YOU.

AT THE NOVEMBER MEETING, WE WILL HAVE, UM, TEXT AMENDMENTS AT, AT THE VERY LEAST FOR THE STUFF, SELF STORAGE AND THE AGRICULTURE.

UH, IF YOU HAVE OTHER THOUGHTS ON THE, ON THE OTHER ITEMS, IF YOU WANNA GIVE 'EM TO ME, THAT'D BE GOOD AS WELL.

UM, I'M EXPECTING R H M TO COME IN WITH THEIR DETAILED DEVELOPMENT PLANS SHORTLY.

UM, BUT 14TH, THAT'S ALL, THAT'S ALL THAT I KNOW.

THAT'S ON THE HORIZON.

THIS THANKSGIVING.

I WILL NOT BE HERE ON NOVEMBER 14TH.

UHOH.

SO JAN.

OKAY, YOU'RE ON.

ANYBODY ELSE HAVE ANYTHING ELSE TO BRING UP? ANYBODY IN OUR AUDIENCE? NO.

YOU STAND ADJOURNED.

THANK YOU.