* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:02] MEETING OF THE PLANNING COMMISSION TO ORDER AND [1. Call to Order ] ASK EVERYONE TO JOIN ME IN THE PLEDGE OF THE FLAG PLEDGE TO FLAG OF THE UNITED STATES OF AMERICA TO THE REPUBLIC FOR WHICH IT STANDS. ONE NATION UNDER GOD, INDIVIDUAL LIBERTY, JUSTICE. THANK YOU COMMISSIONERS. YOU'VE ALL HAD A CHANCE TO SEE THE AGENDA [3. Adoption of the Agenda ] FOR TODAY'S MEETING. ARE THERE ANY CONDITIONS OR CORRECTIONS? STAFF? ARE THERE ANY CHANGES TO THE AGENDA TODAY? NO. NO CHANGES. OKAY, THEN MAY I HAVE A MOTION TO APPROVE THE AGENDA? COMMISSIONER. HENCE MOVES. COMMISSIONER MEER SECONDS. ANY DISCUSSION? ALL IN FAVOR, RAISE YOUR RIGHT HAND. IT'S UNANIMOUS. WE HAVE MINUTES TO APPROVE [4. Approval of the Minutes ] FROM OUR MEETING OF NOVEMBER 20TH, 2024. UH, YOU'VE HAD A CHANCE TO REVIEW THOSE AS WELL. ANY, ANY CORRECTIONS OR ADDITIONS? IF NOT, DO I SEE A MOTION TO APPROVE? COMMISSIONER LOBAUGH SECONDED BY COMMISSIONER CAMPBELL. UH, ALL IN FAVOR, RAISE YOUR RIGHT HAND. OKAY. WE HAVE NO UNFINISHED BUSINESS AND SO WE WILL MOVE DIRECTLY INTO [6.a. SUB-001136-2024 - Public Hearing on an Application for a Deviation from a previously approved Major Subdivision, from Brandon Walton, for a project to reconfigure and subdivide lots addressed as 11 Sea Front Lane and 13 Sea Front Lane, also identified as Parcel Number 60 and Parcel Number 59, respectively, on Beaufort County Tax Map 12. ] NEW BUSINESS. WE HAVE TWO APPLICATIONS TO REVIEW TODAY. UH, AND WE WILL HAVE BOTH THE, UH, INFORMATION FROM STAFF AND FROM, UH, THE APPLICANTS. I UNDERSTAND THE FIRST ONE WOULD BE SUB 0 0 1 1 3 6 20 24. IT'S A PUBLIC HEARING ON THE APPLICATION FOR A DEVIATION FROM A PREVIOUSLY APPROVED MAJOR SUBDIVISION FROM BRANDON WALTON FOR A PROJECT TO RECONFIGURE AND SUBDIVIDED LOTS KNOWN AS, UH, 11 AND 13 C FRONT LANE. WE'RE FIRST GONNA HAVE A PRESENTATION BY, UH, SHAY AND THEN FOLLOWED BY TREY. SO SHAY, MR. CHAIRMAN? YES. BEFORE THIS, I BELIEVE MS. WALTON OR ONE OF OUR REPRESENTATIVES HAS A REQUEST. OKAY. UM, WE'VE BEEN ADVISED BY COUNSEL, UH, THAT WE MAY WANT TO TABLE OUR, UH, PROPOSAL AT THIS MOMENT IN ORDER TO, UM, HAVE OUR ORIGINAL ATTORNEYS THAT WE HAVE THAT COULD NOT BE PRESENT TODAY, UH, REPRESENT US ON OUR BEHALF. UM, I WAS PLEASE STATE YOUR NAME. UH, BRANDON WALTON. I'M SORRY. I'M THE ONE WITH THE APPLICATION BEFORE YOU, SIR. YOU'RE REQUESTING A POSTPONEMENT? YES. OKAY. DID, DID I UNDERSTAND THAT CORRECTLY? MR. WALTON, YOU'RE ASKING TO WITHDRAW YOUR APPLICATION AT THIS TIME? UM, NO. POSTPONE POSTPONED. OKAY. JUST POSTPONE. OKAY. AND YOU CAN, YOU CAN POSTPONE TO A STATED DATE. OKAY. OKAY. UH, ANY ANY COMMENTS FROM COMMISSIONER? IS THERE, IS THERE A POSSIBILITY THAT WE CAN BE ON THE CALENDAR FOR JANUARY? YES. YEAH. YES. OKAY. YES. NO LIGHT. IT'S JANUARY. DO WE NEED TO TAKE ACTION ON THAT OR IS IT AUTOMATIC SHAPE? JANUARY? I THINK SO. JANUARY 15TH WOULD BE THE MEETING DATE. ONE SECOND. FAIRLY LIGHT. WELL, LET'S JUST TAKE ACTION ON THAT. WE'VE HAD A, AN A, UH, AN, A REQUEST FROM THE APPLICANT TO POSTPONE THIS. CAN I HAVE A MOTION TO THAT EFFECT? UH, COMMISSIONER, I CAN'T HEAR YOU. COURTES STILL MOVED. I CAN'T HEAR WHAT'S GOING ON. CAN WE SPEAK UP A LITTLE BIT? YES, MA'AM. WE HAVE A MOTION, UH, TO POSTPONE UNTIL JANUARY 15TH. THE APPLICATION HEARING HAS BEEN, UH, UH, MOVED BY COMMISSIONER CORDES, SECONDED BY COMMISSIONER HENS. ANY DISCUSSION BY THE OTHER COMMISSIONERS? ALL IN FAVOR OF THE MOTION TO POSTPONE, RAISE YOUR RIGHT HAND. OKAY. ARE WE GOOD? OKAY. YES. 15TH JANUARY. YES. OH, THAT'S WONDERFUL. THERE. YOU GOOD? I THINK THAT'S GOOD BECAUSE I JUST THIS MORNING, BECAUSE WE'VE NEVER DONE ONE OF THESE BEFORE, SO WE'LL KIND OF FIGURE OUT WHAT, WHAT IT'S ALL ABOUT. WE HAVE TO DEEP TWO FIGURE OUT WHAT'S REALLY GOING ON. APPARENTLY THERE'S SOMETHING [00:05:12] YEAH. CHECK. SO FAR SO GOOD. THE PLANNING COMMISSION. I, I APOLOGIZE MR. MOTION? YES. YES, YES, YOUR HONOR. ALRIGHT. THERE SOME OTHER QUESTIONS? OKAY. NOT YET. OKAY. SO WE CAN NOW JUST MOVE TO APPLICATIONS. THANK YOU. APPRECIATE IT. OKAY. THANK YOU MR. CHAIRMAN FOR YOUR PATIENCE. UM, WE ARE READY TO PROCEED. UM, ON THE NEXT AGENDA ITEM. WERE YOU NOT FIRST GOING TO DESCRIBE TO US THE CHANGE IN PROCESS AS TO WHY THESE APPLICATIONS ARE COMING TO US? YES, SIR. THANK YOU. I'LL GO THROUGH THE SAME, UH, PRESENTATION, BUT I NEED TO OPEN THE PUBLIC HEARING FIRST. YEAH, GO AHEAD AND ANNOUNCE THAT THEN. OKAY. WE WILL NOW BE TAKING UP APPLICATION [6.b. SUB-001354-2024 - Public Hearing on an Application for a Deviation from a previously approved Major Subdivision, from Judd Carstens, with Witmer, Jones, Keefer, Ltd., for a project to subdivide 19 Ibis Street, also identified as Parcel Number 111 on Beaufort County Tax Map 15A. ] SUB 0 1 0 0 1 3 5 4 20 24, A PUBLIC HEARING ON THE APPLICATION FOR A DEVIATION FOR A PREVIOUSLY APPROVED SUB MAJOR SUBDIVISION FROM JUDD CARSTENS WITH WHITMER JONES KEY FOR LIMITED FOR A PROJECT TO SUBDIVIDE 19 IBUS STREET. WE WILL NOW OPEN THE PUBLIC HEARING ON THAT APPLICATION AND INVITE SHAY TO GIVE US A PRESENTATION. THANK YOU. UM, EXCUSE ME. UM, WHAT WE WOULD LIKE TO DO TODAY IS PRESENT A LITTLE, UM, CONTEXT FOR THIS. UH, THE COMMISSION HAS DEVOTED A GOOD AMOUNT OF TIME TO BECOMING FAMILIAR WITH THIS NEW APPLICATION PROCESS AND WE ARE VERY THANKFUL FOR YOUR TIME AS WELL AS THANKFUL FOR THE APPLICANTS FOR WORKING WITH US THROUGH AN, THROUGH A NEW PROCESS AS WE IMPLEMENT THAT. UM, THE NEW PROCESS THAT YOU ARE REVIEWING TODAY WAS ADOPTED IN MARCH OF 2023 FOR DEVIATIONS FROM A PREVIOUSLY APPROVED MAJOR SUBDIVISION. UH, THE PROCESS PRIOR TO THE THE NEW NEWLY ADOPTED PROCESS WAS ONE WHERE STAFF REVIEWED THESE REQUESTS ONLY. UM, THERE WAS NO PUBLIC NOTICE FOR, UH, ADJACENT PROPERTIES, UM, OR FOR THE APPLICATION ITSELF. CONCERNS WERE RAISED DUE TO SOME OF THE IMPACTS OF THE OTHER APPROVALS THAT HAD, THAT HAD BEEN MADE PRIOR, UH, FOR THE, UH, IMPACT ON THE EXISTING NEIGHBORHOOD. SO THERE WAS A PROPOSAL TO CHANGE THE PROCESS TO ADD THE PLANNING COMMISSION IN, UM, AND ALSO CONSIDER, UH, REVIEW CRITERIA FOR THESE, UM, APPLICATIONS. UM, IT IS THEN THE PLANNING COMMISSION'S PURVIEW TO DECIDE AND MAKE A REASONABLE JUDGMENT ON THE CRITERIA AND THE REVIEW. UM, WE COULD USE OUR BOARD OF ZONING APPEALS FOR AN EXAMPLE. AS A CONTEXT OF HOW THIS REVIEW PROCESS WORKS. UH, STAFF REVIEWS THE CRITERIA AND PROVIDES A RECOMMENDATION TO THE COMMISSION. HOWEVER, IN THE CASE WITH THE BOARD OF ZONING APPEALS, THEY HAVE THE DISCRETION TO EITHER SUPPORT STAFF'S DECISION OR THEY CAN MAKE THEIR OWN RECOMMENDATIONS AS LONG AS THERE ARE STATED REASONS FOR THAT. UM, SO IT IS AT THE DISCRETION OF THE COMMISSION TO TAKE ACTION ON THESE BASED ON YOUR REASONABLE JUDGMENT OF THE CRITERIA TODAY. UM, THE NEW PROCESS ALLOWS FOR THE COMMISSION TO HAVE THE BENEFIT OF, UH, HEARING FROM THE NEIGHBORHOOD THROUGH THE PUBLIC NOTICE PROCESS, UM, AS WELL. SO IT CREATES MORE TRANSPARENCY IN OUR REVIEW OF THESE APPLICATIONS. THE APPLICATIONS THAT ARE SUBJECT TO THIS REVIEW INCLUDE ANY PROPOSED CHANGES TO OPEN SPACE, RIGHTS OF WAY, AMENITIES OR PARKING THAT ARE PART OF MAJOR SUBDIVISIONS. THAT WOULD ALSO INCLUDE ANY LOCK COMBINATIONS OR SUBDIVISIONS THAT WILL RESULT IN EITHER AN INCREASE IN DENSITY OR ADDITIONAL LOTS. UM, THE NEWLY ADOPTED, UH, FAMILY SUBDIVISION PROCESS IS NOT, UH, DOES NOT APPLY TO THIS. SO, UM, THAT IS EXEMPT FROM, FROM THIS TYPE OF REVIEW. [00:10:01] THE CRITERIA THAT WERE ADOPTED, UH, FOR THE PLANNING COMMISSION TO REVIEW, UM, INCLUDE THE FOLLOWING. THE PLANNING COMMISSION MUST MAKE A FINDING THAT THE PROPOSED CHANGE IS NOT DETRIMENTAL TO THE REASONABLE INVESTMENT BACKED EXPECTATIONS OF OWNERS OF LOTS IN THE SUBDIVISION ARISING FROM FIVE CRITERIA. ONE, INCREASED BURDENS ON UTILITIES OF ROADWAYS CAUSED BY ALL SITE PARKING. TWO, INCREASED BURDENS ON AMENITIES IN THE SUBDIVISION CAUSED BY AN INCREASE IN THE DWELLING UNITS, THREE OVERCROWDING IN THE SUBDIVISION. FOUR, INCREASED NOISE AND TRAFFIC IN THE SUBDIVISION, AND FIVE, DECREASED UTILITY OF AMENITIES AND OTHER PROPERTIES SUCH AS OPEN SPACE, RIGHT OF WAYS, ET CETERA. THE PROCESS THAT WE PUT IN PLACE TO IMPLEMENT THIS NEW, UM, PROCESS, THE PROCEDURES WOULD INCLUDE AN APPLICATION SUBMITTAL, UM, WHICH WE'VE RECEIVED THESE TWO, UM, THAT YOU'RE LOOKING AT TODAY. THE PUBLIC HEARING WITH PUBLIC NOTICE, UH, PUBLISHED NOTICE OF THE APPLICATION MAILED NOTICE AS WELL AS POSTED NOTICE HAVE ALL BEEN COMPLETED. UH, STAFF REVIEW AND RECOMMENDATION, WHICH WAS PROVIDED IN YOUR REPORT. UH, THE PLANNING COMMISSION WILL THEN HEAR, UM, PUBLIC COMMENTS AND TAKE ACTION ON THE APPLICATION. SHOULD AN APPEAL BE MADE FROM THE PLANNING COMMISSION'S DECISION THAT WOULD GO TO CIRCUIT COURT AND MUST BE FILED WITHIN 30 DAYS OF THE NOTICE OF THE DECISION, WHICH WE WILL ISSUE AFTER THE MEETING. THE ACTIONS THAT THE PLANNING COMMISSION CAN MAKE, UH, RELATIVE TO THESE, UH, TO THIS NEW PROCESS IS EITHER VOTE TO APPROVE OR DENY THE APPLICATION AND WE ASK THAT YOU JUST PLEASE CLEARLY STATE YOUR REASONING FOR EITHER OF THOSE. UM, AND BASICALLY THAT SUMS UP THE PROCESS ITSELF. UM, ARE THERE ANY QUESTIONS THAT YOU MAY HAVE ON THAT? OTHERWISE I'LL TURN IT OVER TO, TO TRAY TO ACTUALLY GO THROUGH THE REMAINING APPLICATION REVIEW. ANY QUESTIONS FROM COMMISSIONERS ABOUT THE NEW PROCESS? COMMISSIONER HENS? SO JUST, UH, AGAIN, CLARITY IF, IF WE AGREE WITH STAFF, WE DON'T HAVE TO, UM, CLEARLY STATE THE FACTORS IN CONSIDERING MAKING OUR DECISION. IT'S ONLY IF WE DISAGREE WITH THE STAFF. I WOULD ASSUME. YEAH, YOU WOULD STATE, UM, IF YOU WERE IN AGREEMENT WITH STAFF, YOU WOULD SIMPLY STATE FOR THE REASONS AS STATED IN THE REPORT. UM, FOR EXAMPLE, IF YOU DO NOT AGREE WITH STAFF, YOU COULD STATE FOR THE REASONS STATED BY THE APPLICANT IN THE REPORT. OTHER QUESTIONS OR CLARIFICATIONS FROM SHAY ON THAT? OKAY. IT SOUNDS LIKE WE'RE READY FOR TREY'S PRESENTATION. ALRIGHT, WELL LET ME SKIP 'EM. YEAH, SKIP DOWN TO OUR APPLICATION REVIEW FOR SUB 0 0 1 3 4 5 20 24. UH, 19 I STREET RELE DEVELOPMENT SERVICES PROGRAM MANAGER FOR THE RECORD. ALRIGHT, I'M GONNA START ACTUALLY WITH THIS SLIDE HERE 'CAUSE IT'S AN OVERVIEW OF THE AREA 19 IVAN STREET'S GONNA BE YOUR, UH, VACANT LOT HERE WAS A HOUSE THERE. IT WAS TAKEN DOWN. UH, A NEW, A NEW HOME IS UNDER CONSTRUCTION AS PART OF THIS PROJECT. THIS IS COLIGNY CIRCLE, COLIGNY PLAZA HERE, JUST FOR REFERENCE. ALL RIGHT. UH, SO THE, UH, FIRST EXHIBIT HERE. THAT IS THE LOT AS IT EXISTS TODAY. UH, EXHIBIT NUMBER TWO HERE IS, IS THE PROPOSAL, WHICH WILL SEPARATE THE LOT INTO OR SUBDIVIDE THE LOT INTO TWO LOTS. ALL RIGHT. UH, THIS WAS THE SUBDIVISION AS IT WAS ORIGINALLY PLATTED BACK IN THE FIFTIES, I BELIEVE. UM, I'VE DONE A A FEW CALCULATIONS ON HERE JUST, UH, AS THE, AS PART OF THE EXHIBIT. UM, THESE ARE ROUGH. IT WAS TOUGH TO SCALE THESE OUT 'CAUSE THEY'RE MICROFILM, UH, COPIES, BUT IT'S ROUGHLY 25.2 ACRES. THE ORIGINAL PLATTED NUMBER OF LOTS WAS A 117. UH, THE CURRENT NUMBER OF LOTS DUE TO SOME SUBDIVISIONS IN THIS AREA, UH, THAT ARE GOING, THAT WENT THROUGH THIS SAME PROCESS, MINUS THE, THE PLANNING COMMISSION PORTION, UH, MAKES THE CURRENT TOTAL NUMBER OF LOTS IN THAT AREA. 120. IT'S RSF FIVE, UH, AS THE ZONING DISTRICT, UH, THE ENTITLED DENSITY, FOR SOME REASON I HIT, I GOT FAT FINGER AND PUT THE WRONG NUMBER IN THERE. UH, IT'S NOT 161, SO WE'LL COVER THAT UP. IT'S 125 UNITS AND THE CURRENT DENSITY IN THAT SUBDIVISION IS 116 DWELLING UNITS. UM, FOUR OF THOSE LOTS NOT BEING BUILT ON. SO EVEN AT, UM, EVEN [00:15:01] THEN, IT WOULDN'T EXCEED THE DENSITY OF WHAT THIS SUBDIVISION AS IT AS IT WERE ORIGINALLY PROPOSED. AND THIS IS THE PLAN FOR THE SUBDIVISION HERE. THIS HOME OR THE, UH, WHITE SHADED AREA HERE IS THE CURRENT HOME BEING BUILT. UM, WHAT YOU SEE HERE IS A DRIVEWAY, ONE ACCESSING OFF OF IBA STREET, ONE ACCESSING OFF OF DUNE LANE. UM, THIS SUBDIVISION IS NEEDED BECAUSE THERE IS A FLOOR AREA RATIO OF 0.45 OR A MAXIMUM OF 5,000 SQUARE FEET IN THE FOREST BEACH, UH, OVERLAY. THIS HOUSE RIGHT HERE IS JUST SLIGHTLY UNDER, UH, 5,000 SQUARE FEET TO, SO TO ADD THEIR ADDITIONAL LIVING SPACE, THEY WOULD NEED, UH, TO SUBDIVIDE THE LOT, UM, WHICH BY LONG IS, IS, IS FINE TO, TO ACHIEVE THEIR ADDITIONAL, UM, HEATED SPACE. SO, A LITTLE BACKGROUND, UH, JUNE 13TH, 2022 IS WHEN THE PROPERTY WAS PURCHASED ON MARCH 24TH, 2023. THIS, UH, DEVIATIONS FROM A, UH, AN APPROVED MAJOR SUBDIVISION AMENDMENT WAS ADOPTED THAT WE'RE GOING THROUGH HERE TODAY. A COMBINATION PLAT WAS APPROVED TO INCREASE FORMER LOT 13 FROM 0.46 TO 0.58 ACRES. UH, THEY, THEY BOUGHT A STRAND LOT AND HAD THAT ADDED TO IT TO MAKE THE, THE ACREAGE LARGER MARCH. OH, SORRY ABOUT THAT. DOWN MARCH 13TH, 2024, THE BUILDING PERMIT WAS FILED AND ISSUED FOR THE 4,981 SQUARE FOOT HOME THAT IS CURRENTLY UNDER CONSTRUCTION ON MAY THE SEVENTH, 2024, THE FOREST BEACH OVERLAY FLOOR AREA RATIO REDUCTION WAS ADOPTED, WHICH MOVED IT FROM 0.55 TO 0.45 AND A 5,000 SQUARE FOOT MAXIMUM. A VARIANCE WAS REQUESTED ON THIS PROPERTY TO EXCEED THAT 5,000 SQUARE FOOT MAXIMUM, AND IT WAS DENIED BY THE BOARD OF ZONING APPEALS IN JUNE OF 2024. UM, AND THEN SEPTEMBER OF THIS YEAR, WE RECEIVED THE SUBDIVISION SUBDIVISION APPLICATION. SOME DEVELOPMENT POTENTIAL HERE AGAIN, ZONING DISTRICT IS RSF FIVE, WHICH ALLOWS FIVE DWELLING UNITS PER NET ACRE. THIS FALLS IN THE FOREST BEACH NEIGHBORHOOD CHARACTER OVERLAY, WHICH HAS A 0.45 FLOOR AREA RATIO OR A MAXIMUM OF 5,000 SQUARE FEET PER SINGLE FAMILY LOT. THE EXISTING DEVELOP DEVELOPMENT POTENTIAL FOR LOT 13 AS IT SITS NOW IS 0.58 ACRES. IT'S GOT A DENSITY OF TWO ALLOWABLE DWELLING UNITS, BUT A MAXIMUM OF 5,000 SQUARE FOOT HOME. THE PRO, PRO PRO PROPOSED DEVELOPMENT POTENTIAL WOULD BRING LOT 13 A DOWN TO 7,298 SQUARE FEET, WHICH WOULD ALLOW ONE DWELL DWELLING UNIT WITH A MAXIMUM OF 3,280 SQUARE FEET. BECAUSE OF THAT 0.45 FAR RATIO LOT 13 B WOULD BE 18,154 SQUARE FEET. ONE DWELLING UNIT WOULD BE ALLOWED AND THEY COULD, THEY COULD EXCEED THAT OR THEY COULD MAKE IT UP TO 5,000 SQUARE FOOT WOULD BE THE MAXIMUM ON THAT HOME THAT THEY COULD BUILD ON THAT LOT. AND THAT IS THE REASON A SUBDIVISION IS REQUIRED TO BUILD THESE TWO DWELLINGS. SO NOW WE'RE GONNA GO THROUGH THE CRITERIA, UH, CRITERIA. NUMBER ONE, A DECISION TO APPROVE A PROPOSED CHANGE TO A PREVIOUSLY PLATTED SUBDIVISION SHALL BE BASED ON FINDING THAT THE PROPOSED CHANGE IN IS NOT DETRIMENTAL TO THE REASONABLE INVESTMENT BACKED EXPECTATION OF OWNERS OF LOTS IN THE SUBDIVISION ARISING FROM NUMBER ONE, INCREASED BURDENS ON UTILITY OF ROADWAYS CAUSED BY OFFSITE PARKING. THERE IS NO OFFSITE PARKING IN THIS AREA, AND THIS PLAN DOES NOT PROPOSE ANY OFFSITE PARKING. SO THIS IS NOT APPLICABLE TO THIS APPLICATION. CRITERIA NUMBER TWO IS INCREASED BURDENS ON AMENITIES IN THE SUBDIVISION CAUSED BY INCREASED NUMBER OF DWELLING UNITS. THERE ARE NO AMENITIES IN THIS SUBDIVISION, SO THIS WOULD ALSO NOT BE APPLICABLE. CRITERIA NUMBER THREE IS OVERCROWDING IN THE SUBDIVISION. SO THIS LOT CONFIGURATION COMP PROPOSED FOR LOT T THAT IS ASSOCIATED WITH THE PROPOSED SUBDIVISION WILL RESULT IN THE FRONTAGE OF TWO LOTS BEING REDUCED TO A WIDTH THAT IS LESS THAN ALL OTHERS IN THE SUBDIVISION. I DON'T BELIEVE THAT'S TRUE. THAT'S NOT FOR THIS ONE. THAT'S, THAT'S NOT, YEAH, . YEAH, THAT'S, THAT'S NOT APP APPLICABLE. THAT ONE. THAT WOULD'VE BEEN THE, THE, UH, UH, C FRONT LANE. THE [00:20:01] OTHER ONE. YEAH, THAT'S C FRONT LANE. SO LET'S SEE IF WE'VE GOT THAT. SHAY DO YOU HAVE OUR STAFF REPORT FOR FOR SUB? UM, IT'S IN THE FOLDER AND PULL IT. I WILL FOLDER THERE. ALRIGHT. POST AND THE MEETING DATE. THE 2020 FIVES NOTES. YOU WANT BEAR WITH ME WHILE I GET THAT REPORT FOR US. SO WE WE HAVE ACCURATE YES INFORMATION HERE. ALL RIGHT. ALL RIGHT. HERE'S THAT STAFF REPORT. AND WE WERE ON NUMBER THREE MM-HMM . AND SO THE FINDING FROM STAFF WAS THE PROPOSED CHANGE WILL RESULT IN ONE ADDITIONAL LOT. ALL RIGHT. NUMBER FOUR, INCREASED NOISE AND TRAFFIC IN THE SUBDIVISION. THE ADDITION OF ONE LOT TO THE SUBDIVISION WILL RESULT IN ADDITIONAL VEHICLE TRIPS. AND NUMBER FIVE IS DECREASED UTILITY OF AMENITIES AND OTHER PROPERTIES SUCH AS OPEN SPACE, RIGHTS OF WAY AMENITIES AND PARKING OR ANY LOT COMBINATIONS OR SUBDIVISION. THIS WILL INCREASE THE, THE INCREASE OF ONE LOT WILL RESULT IN DECREASED UTILITY OF THE COMMUNITY'S RIGHTS OF WAGE BECAUSE OF THESE STAFF RECOMMENDS TO THE PLANNING COMMISSION TO FIND THAT THE PROPOSED CHANGE IS DETRIMENTAL TO THE REASONABLE INVESTMENT BACKED EXPECTATIONS OF OWNERS OF LOTS IN THE SUBDIVISION ARISING FROM THE CRITERIA. AND STAFF RECOMMENDS THAT THE PLANNING COMMISSION DENY THE APPLICATION. AND THIS IS THE, THE PLANNING COMMISSION ACTIONS CAN BE TO APPROVE OR DENY AND MUST BE BASED ON STATED FINDINGS. ALRIGHT. THANK YOU JOEY. THAT'LL DO, THAT'LL, I'M DONE WITH QUESTIONS OF COMMISSIONERS FROM TREY BEFORE WE OPEN UP TO PUBLIC COMMENT. UH, COMMISSIONER HENS. SO, UH, UH, I GUESS I HAVE THE MAIN QUESTION IS THE, THE, THE SUBDIVISION THAT WAS ORIGINALLY PLANNED FOR 117 LOTS AND NOW THERE'S 120, THAT MEANS SOME HAVE BEEN SUB THREE HAVE BEEN SUBDIVIDED. YES, SIR. IN, IN THOSE LAST HOW MANY YEARS? SO, UM, BUT THERE'S ONLY SO MANY DENSITY UNITS ALLOWED. CORRECT. YOU CAN'T BUY MORE OR SELL MORE, I MEAN, WHATEVER. THERE'S THAT MANY DENSITY UNITS CORRECT. IN THAT SUBDIVISION. SO IF, IF ANYBODY IS ALLOWED TO SUBDIVIDE THEIR LOT, DO THEY AUTOMATICALLY GET THAT EXTRA DENSITY UNIT AND, AND THE AND THE OTHERS THAT MAY SUBDIVIDE DOWN THE ROAD? THERE'S NO DENSITY UNIT, SO THEY CAN'T SUBDIVIDE. SO IT'S NOT THAT IT'S, IT IS NOT THAT THEY, THEY WOULD GET A DENSITY UNIT, THE, THEIR LOT SIZE ENTITLES THEM TO THOSE TWO DWELLING UNITS. THEIR LOT SIZE BEING POINT, I THINK WE, IT WAS 0.58 IN THAT RSF FIVE. SO THEY HAD TO BUY IT. THEY JUST GET IT BECAUSE THEIR LOT IS THAT LARGE. CORRECT. WHAT IF THERE WERE, SO HOW MANY DENSITY UNITS ARE LEFT? MAYBE FOUR. THREE. SO THIS, SO THE, THE THREE UNUSED DENSITY UNITS, TH THIS EXHIBIT HERE IS, IS NOT TO BE TAKEN LITERALLY. IT IS TO BE, IT IS TO SHOW YOU THAT IF THIS WERE TO COME THROUGH THE SUBDIVISION PROCESS BY RIGHT NOW, HOW IT WOULD BE REVIEWED BASED ON THE ZONING DI THE ACREAGE. OH, I'M SORRY. SO THE ENTITY DENSITY IS 161, SO THERE'S PLENTY OF DENSITY. IT WAS 125 I I FAT FINGERED THE, THE, UH, OH ONE 20. THAT'S RIGHT. SO IT'D BE 1 25 IF WE WERE TO REVIEW THIS TODAY IN THAT LOOK JUST FOR THAT PORTION OF THE SUBDIVISION. ALRIGHT, WELL, SO ANYBODY THAT WOULD WANT TO SUB DEVELOP THE LOT IN THE FUTURE, BECAUSE IT'S LARGE ENOUGH, THEY'RE NOT GONNA GET IMPACTED BY, THERE'S NO MORE DENSITY UNITS AVAILABLE IS WHAT I'M HEARING YOU SAY. RIGHT. OKAY. YOUR DENSITY IN THIS AREA IS, IS DETERMINED BY THE ZONING DISTRICT AND THE SIZE OF YOUR LOT. ALRIGHT? MM-HMM . SECOND [00:25:01] QUESTION I HAVE IS, SO SOMEBODY BOUGHT THIS LOT BECAUSE IT'S A LOT AND SOMEBODY SOLD IT BECAUSE IT'S A LOT AND THAT'S WHAT WAS ALLOWED, THAT'S WHAT THE SUBDIVISION SAID IS THIS IS A LOT. ONE LOT. SO IF, IF NOW WE ALLOW SOMEBODY TO SUBDIVIDE IT, IS THAT, WAS THAT PUNISHED? BECAUSE NOW IT'S PROBABLY WORTH TWICE AS MUCH BECAUSE YOU COULD FIT TWO HOUSES INSTEAD OF ONE. SO THAT HUGE INCREASE IN VALUE. DID THE, THE PAST OWNER NOT GET THAT BECAUSE THEY, THEY THOUGHT THAT THE LOT WAS ONE LOT AND, AND BECAUSE WE'RE APPROVING A, A, A DEVIATION, NOW THEY GET TWO LOTS. SO THAT, SO THEIR LOT IS WORTH, THEIR PROPERTY'S WORTH TWICE AS MUCH. IS THAT A NEGATIVE IMPACT TO THE PERSON THAT SOLD IT IN 2022? BECAUSE THEY ONLY SOLD ONE LOT AND MAYBE THEY HAD, HAD THEY HAD THE ABILITY TO SUBDIVIDE, THEY COULD HAVE DOUBLED THEIR, THEIR EQUITY IN THE PROPERTY. SEE WHAT I'M SAYING? SURE. AND I, I, I CAN'T SPECULATE ON ON WHAT THEIR INTENTIONS WERE. I CAN TELL YOU THAT THE, THERE WAS A, A PROCESS IN PLACE THAT WOULD'VE ALLOWED THEM TO SUBDIVIDE THE LOT IF THEY HAD SO CHOSEN. OKAY. SO THEY COULD HAVE AND THEY DIDN'T. SO THAT CORRECT. WOULDN'T IMPACT ON, ON OUR DECISION. RIGHT. AND LAST THING I HAVE IS, UM, THIS, THE NEW PROCESS THAT WAS APPROVED IN MARCH OF 2023. UM, IT'S, IT, IT ALMOST SEEMS LIKE SOME OF THESE FIVE CRITERIA COULD BE SUBJECTIVE. AND I GUESS, I MEAN, IT'S NOTHING YOU CAN MEASURE. IT'S NOTHING THAT IT IS OR IT ISN'T, IT'S SUBJECTIVE. RIGHT? I MEAN THAT'S, THAT'S WHAT IT IS. SO WE'RE KIND OF MAKING DECISIONS BASED ON OUR SUBJECTIVE REVIEW OF, OF THE PROCESS. I KNOW YOU CAN'T ANSWER THAT. IT'S JUST A COMMENT THAT I'M MAKING. THAT'S ALL I HAVE. YEAH, COMMISSIONER, HENCE THE STAFF HAS TOLD US THAT, THAT WHEN THEY REVIEW THESE APPLICATIONS, THEY, THEY DO IT IN A VERY LITERAL SENSE. WHENEVER THERE'S A CRITERIA THAT USES THE WORD REASONABLE IN IT, THAT OPENS UP SOME SUBJECTIVITY THAT THE COMMISSION IS WILLING TO, UH, IS ABLE TO CONSIDER. UH, OTHER QUESTION THAT COMMISSIONER MEER, SO, UH, AND CORRECT ME IF I'M ALLOWED OR NOT ALLOWED TO ANSWER THIS QUESTION. UM, DO WE, IS THERE A RESTRICTION ON PERVIOUS AND IMPERVIOUS AREA SPACE ON THE, UH, IN THIS NEIGHBORHOOD? I, I, I BELIEVE I BELIEVE IN THIS OVERLAY, IT'S, IT'S 35%, BUT THE SINGLE FAMILY IS EXEMPT FROM THAT EXCEPT FOR THE POOL AND THE DECK FOR THAT. I, I, I DON'T QUOTE ME ON THAT RIGHT OFF, RIGHT OFF THE BAT. BUT, UM, IF WE DO LOOK INTO THE OVERLAY, THERE IS, THERE IS SOME PERCENTAGE THAT THEY CAN'T BECAUSE THERE'S GONNA BE A LARGE CHANGE WITHIN THE LOT SLASH LOTS IF THIS IS ALLOWED BECAUSE IT WENT FROM, THERE WAS A HOME WHEN IT WAS SOLD. RIGHT. SO LET'S JUST BE CLEAR WHAT'S BEEN APPROVED CURRENTLY ON, ON THIS. JUST SO JUST TO PUT THAT IN PERSPECTIVE. SO THIS DRIVEWAY COMING IN HERE, THIS DRIVEWAY COMING OUT HERE, THIS HOME, THIS POOL ALL HAVE BEEN PERMITTED AND ARE UNDER CONSTRUCTION DATE. RIGHT? AND SO THIS ADDITION WOULD CHANGE THE, AND THE SHRINKAGE OF LAND WOULD CHANGE THE RATIO OF PERVIOUS AND TO IMPERVIOUS, RIGHT? AGAIN, SINGLE FAMILY IS EXEMPT IN THAT ZONING DISTRICT. I WASN'T PART OF THAT DECISION TO DO THAT, SO I CAN'T SPEAK TO THAT . UM, SECOND QUESTION AGAIN, NOT SURE IF CAN IT ASK THIS QUESTION, BUT WITHIN THE NEW STRUCTURE, THE NEW HOME, WHICH JUST IS UNDER THE 5,000 SQUARE FOOT CAP MM-HMM . ARE THERE BONUS ROOMS? ARE THERE ROOMS THAT CAN LATER ON BE FIXED CONDITIONED? IS THAT, DO WE KNOW ABOUT THAT? IS THAT SOMETHING YOU, WE LOOK AT CONVERTED TO? YOU'RE TALKING LIVING AREA LIKE A BEDROOM? YES. SO AS LONG AS IT'S, IT REMAINS A SINGLE FAMILY RESIDENCE, YOU KNOW, YOU, YOU CAN CONVERT A BED, A ROOM INTO A BEDROOM AND THAT'S NOT AGAINST, IT'S, IT'S WHEN YOU, WHEN YOUR INTENTION IS TO CONVERT IT INTO A SEPARATE DWELLING UNIT, WHICH WOULD INVOLVE A KITCHEN AND PROBABLY BLOCKING OUT OF THE DOOR. HEY CURTIS, MR. COLTRANE, DO YOU HAVE A COMMENT FOR US? UM, I DO. MY NAME IS CURTIS COLTRANE. WE HAVE [00:30:01] LITERALLY JUST, AND BY JUST, I MEAN JUST BEEN GIVEN SOME INFORMATION THAT, UM, IF WE FULLY VERIFIED AND IT'S CORRECT, WOULD SHOW THAT IN FACT THIS LOT'S ALREADY BEEN SUBDIVIDED. IT'S A LONG TIME AGO, BUT IT WAS APPEARS TO HAVE BEEN APPROVED BY THE TOWN AND A CFC ISSUE. I HAVE NOT SPOKEN TO THE APPLICANTS. MY REQUEST, IF EVERYONE AGREED, WOULD BE THAT WE TREAT THIS ONE THE SAME AS YOU DID THE FIRST ONE AND POSTPONE IT. LET US MAKE SURE, UH, VET WHAT WE'VE BEEN TOLD. UM, AND UH, YOU MAY NOT SEE THIS ONE AGAIN. I DON'T KNOW THAT. BUT, UH, IF, IF THAT'S ALL ACCURATE, THEN THAT, UH, PROBABLY CHANGES THINGS IN A VERY MATERIAL WAY. WELL, THAT CONCLUDES MY QUESTION. OKAY. , UH, IS THAT AGREEABLE WITH THE APPLICANT? THAT IS AGREEABLE WITH US. OKAY. OKAY. AND WE NEED A MOTION AND A VOTE ON POSTPONING IT TILL THE NEXT MEETING. SO MOVE MOVED BY COMMISSIONER LOVA, SECONDED BY COMMISSIONER HENS TO POSTPONE THE, UH, HEARING AND A CONSIDERATION OF SUB 1 0 0 1 3 5 4 20 24 UNTIL THE JANUARY 15TH MEETING. ANY DISCUSSION ON THE MOTION? UH, ALL IN FAVOR? RAISE YOUR RIGHT HAND. IT'S UNANIMOUS SO THAT ONE WILL CARRY FORWARD. OKAY. THANK YOU. UM, THE, LET ME CLOSE THE PUBLIC HEARING ON THAT SINCE THERE'S NO LONGER A REASON TO HAVE THAT. AND THEN NOW OPEN IT UP TO PUBLIC COMMENT. IS THERE ANYBODY IN THE, UM, IN THE ROOM WHO WOULD LIKE TO SPEAK TO US ON AN ITEM THAT'S NOT ON THE AGENDA TODAY? OKAY. HEARING NONE. WE WILL MOVE FORWARD TO OUR LAST [8. Commission Business ] COMMITTEE COMMISSION BUSINESS, WHICH IS TO APPROVE THE CALENDAR FOR MEETINGS FOR THE FISCAL, FOR THE CALENDAR YEAR 2025. THAT WAS INCLUDED IN YOUR PACKET. JUST TO, TO, TO KEEP FROM READING ALL 12 DATES. IT'S WOULD BE THE THIRD WEDNESDAY OF EACH MONTH, UH, AT TWO O'CLOCK, UH, THE THIRD WEDNESDAY OF EVERY MONTH OF 2025. UH, AND WE NEED TO APPROVE THAT TODAY. THERE'S NO DEVIATION FROM THAT FROM OUR CURRENT SCHEDULE. SO MOVED BY COMMISSIONER LOBAUGH, SUPPORTED BY COMMISSIONER CAMPBELL. ANY DISCUSSION? UH, ALL IN FAVOR OF APPROVING THE MEETING SCHEDULE. RAISE YOUR RIGHT HAND AND WE'RE GOOD ON THAT. UNANIMOUS, AND I BELIEVE NOW IT'S TIME FOR ONE. [10. Staff Reports ] DO YOU HAVE A REPORT FOR SHAY TO CLOSE THIS OUT? GOOD AFTERNOON AGAIN. UM, JUST VERY BRIEFLY, WE WANTED TO GIVE YOU AN UPDATE ON THE DISTRICT'S PROJECT. UH, WE HAVE GOTTEN A TENTATIVE SCHEDULE FOR PUBLIC MEETINGS THAT ARE OUTLINED, UM, BETWEEN MID-JANUARY AND FEBRUARY FOR THOSE. AND THE PLANNING COMMISSION WILL BE WORKING WITH THOSE WITH US TO, UM, ADMINISTER THE MEETINGS WITH THE PUBLIC IN EACH DISTRICT. SO WE'LL BE SHARING THOSE DATES AND TIMES WITH THE COMMISSION. UM, SO YOU CAN PUT CALENDAR HOLDS AND WE'LL COORDINATE WITH YOU AS WELL ON YOUR INVOLVEMENT AND OTHER BOARD'S INVOLVEMENT IN THESE MEETINGS. AS WE, UM, GO OUT INTO THE PUBLIC TO GET INPUT ON OUR DISTRICT PLANNING PROCESS, UM, THE LMO PROJECT, UH, CONTINUES TO MOVE FORWARD AS WELL. UM, WE HAVE SCHEDULED FOR THE PRIORITY AMENDMENTS THAT TO COME TO THE COMMISSION FOR, UH, UM, INTRODUCTION INITIAL REVIEW, UH, IN UH, JANUARY WITH THE PUBLIC HEARING BEING HELD IN FEBRUARY. UH, THE FULL CODE OVERHAUL CONTINUES TO ADVANCE AS WELL, UM, IN LINE WITH PROVIDING RECOMMENDATIONS FROM THE DISTRICTS INTO THAT PROCESS, UM, FOR, UH, CHANGES. IF YOU HAD ANY QUESTIONS ON THAT, I'M HAPPY. ANY QUESTIONS OF SHAA ON THE LMO AND DISTRICT PLANNING? NO. UH, COMMISSIONER HENS ON THE, UH, DISTRICT PLANS, ARE YOU GONNA HAVE ALL EIGHT OF THEM READY FOR US TO REVIEW JANUARY, FEBRUARY, OR, OR JUST SOME OF 'EM? WE, WELL WE CURRENTLY HAVE THE SKULL CREEK DRAFT, WHICH IS OUR TEMPLATE TO WORK FROM. UM, WE HAVE A CONSULTANT THAT IS FORMATTING A DRAFT, UH, FOR ALL OF THE DISTRICTS. MOST LIKELY WE WON'T HAVE THAT AVAILABLE FOR, UH, DEBUT AT THE MEETINGS. WHAT WE ARE FOCUSING ON FOR REVIEW AT THOSE MEETINGS WAS THE CONTENT THAT TOWN COUNCIL REVIEWED, UM, ON SEPTEMBER 24TH AT THEIR WORKSHOP WHERE WE TALKED ABOUT THE THEME CHARACTER, VISION, FOCUS AREAS AND ASPIRATIONS FOR THE DISTRICT. SO WE'LL BE BASICALLY TAKING THAT INFORMATION OUT TO THE PUBLIC TO MAKE SURE THAT WE'VE GOTTEN IT RIGHT, UM, AND THE ANALYSIS OF THE DISTRICTS, WHICH WILL THEN BE USED TO FORMULATE THE RECOMMENDATIONS. UM, THAT WILL ADVANCE INTO THE PLAN DRAFT AS WELL. OTHER QUESTIONS OF SHAY ON THE, THOSE TWO ITEMS? [00:35:01] GREAT. THANK YOU VERY MUCH. UM, I DON'T BELIEVE THERE'S ANY OTHER BUSINESS TO COME BEFORE US OTHER THAN TO WISH EVERYBODY A PLEASANT HOLIDAY AND SAFE TRAVEL. UH, MAY I HAVE A MOTION TO ADJOURN THIS? ADJOURN? ADJOURN SECOND. ALL IN FAVOR? WE ARE ADJOURNED. THANK YOU. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.