Planning Commission

Minutes CLEVELAND MUNICIPAL PLANNING COMMISSION REGULAR MEETING SEPTEMBER 17, 2024 CLEVELAND MUNICIPAL BUILDING 190 CHURCH STREET NE The regular meeting of the Cleveland Municipal Planning Commission was called to order by Clarke Taylor, Vice-Chairman at 6:00 P.M. Commissioners present included: Bill Estes, Ben Berry, Clark Taylor, Tiffiani Sherlin, and Maryl Elliot Commissioners absent included: Tricia Pennington, Blake Allison, and Jamie Creekmore Staff present included: Robert Varnell, Planning Director, Erica Bevis, Planner II, Joel Prince, Planner II/Codes Supervisor Legal Counsel present included: John Kimball, Attorney for the City of Cleveland. Others present included: Jesse Bowman of Hunters Mill, Christian Medders of TWM, Joseph Wise of TWM, John Ledford of 9th & WW Apts, Larry Turpin of Johnson School Rd, Gee Harvey of Mustang Development Co, Justin Rosenblum of Mustang Development Co., David Escobo of 9th and WW Apts, Lisa Newman of the Newman Family, Jason Burch of Mason Road, Erica Godfrey of Mason Road, Tommy and Amy Newman of the Newman Family, and Jim Richmond of 1st Street. The minutes of the August 20, 2024, regular meeting were presented for approval. Ben Berry made a motion to approve the August 20, 2024, minutes and Bill Estes seconded the motion. A Vote of 6-0 passed the motion. Yes-6 No-0 Recused-0 Absent-3 In Public Hearings, Clarke Taylor: All right, public hearings. We are opening a public hearing for anyone who would like to speak to anything that's not on the agenda. Is there anyone here who would like to speak? There's not any. Close the public hearing and move to the consent agenda. In the Consent Agenda, There were no items on the Consent Agenda Old Business There was no Old Business In New Business, a. request by Dan Fendley for consideration of approval of a preliminary plat for 2.43 acres, more or less, of property located at 20th Street and Dalton Pike (also described as Tax Map 057M B 018.00) and located within the R-2 Low Density Single and Multi- Family Zoning District. Robert Varnell: Thank you, Mr. Vice Chair. Appreciate it. We’re glad to see everybody tonight. You'll see that there's one plat on the agenda tonight. So those changes that were made a few months ago regarding platting and the number of lots and things like that clearly have taken, so we've got the one. We were asked to rezone this property within the past few months. One of the statements was no access directly to Wildwood, which they complied with, but we have asked the plat to include a note to that effect. To the final plat as you can see on 2.43 acres a total of 9 lots zoning is R2 the plan there is to build single-family detached homes. There are still a few comments outstanding, mostly labeling things of that nature, including planning staff comments about access. Otherwise, staff recommends approval of the plat.  Ben Berry made a motion to approve the preliminary plat for 2.43 acres, more or less of property located at 20th Street and Dalton Pike (also described as Tax Map 057M B 018.00) and located within the R-2 Density Single and Multi-Family Zoning District, pending staff comments, seconded by Bill Estes. The motion passed 6-0. Yes – 6 No – 0 Absent – 3 b. request by Starnes Engineering for consideration of approval of architectural renderings and site plans for a Speedway development located on Pleasant Grove Road and within the IGC Zoning Overlay and includes Tax Map 056 Parcel 002.00. Robert Varnell: Yes, this is right there on exit 20 kind of when you turn in to go back to where the Toyota dealership is, it's on the left-hand side of that piece of property. Although it is part of the Interstate Gateway overlay which requires the architectural standards as well as the landscape standards. From an architectural standpoint, you can see here that the black shaded color is gray it's a black brick. It does make the minimum threshold, and it seems that even if it didn’t, I'd probably recommend approval based on an architectural design because it does have more components than just a strike box. You know, it's got some features that are of interest. So, from a site architectural standpoint, my recommendation is approval of the landscape plan, it is based on the ordinance and meets those criteria, and we recommend approval as well. Any questions, comments, or thoughts? Bill Estes: Simple question on where it is I'm tied up. Robert Varnell: This is the. This is the site that they slowly leveled to road grade. There is a cemetery, and it goes uphill, and it starts going up beyond that, but this part, this site itself has been slowly leveled before it was brought in and annexed in the city down the grade. You can see how they've cut the walls. Ben Berry made a motion to approve the architectural renderings and site plans for a Speedway development located on Pleasant Grove Road and within the IGC Zoning Overlay and includes Tax  Map 056 Parcel 002.00, seconded by Maryl Elliot. The motion passed 6-0. Yes – 6 No – 0 Absent – 3 c. request by Hunters Mill LP for consideration of an ordinance to zone about 10.94 acres, more or less, of property located at Pleasant Grove Church Rd from CH Highway Commercial to PUD Planned Unit of Development 57 Zoning District and includes Tax Map 056 Parcel 051.10. Robert Varnell: This is a situation where the applicant came in several years ago before the residential component was removed from commercial highway zoning. They received staff site plan approval, but they needed staff to provide a letter stating that an apartment complex was allowable use in the zone, which it no longer is. We could put in the letter that it's grandfathered in all of these things, but the specific language oftentimes is needed. That is an allowable use as they come up a legal standpoint. So, they asked us what the options were, And the best option was rezoning the site to an appropriate zone for what the already approved use is, and that's what we're doing here. I've had a few calls or questions on that, so there may be some folks here tonight that may want to speak to that, but this was staff-approved, they could go ahead and build today from a standpoint of an allowable use and being able to rebuild in the future and those kinds of things. And they would like to have that before they invest to have that security. We had to put it in for rezoning and the staff recommends approval of that course. Ben Berry: This is straightforward. It's been approved. It's grandfathered in. Just change the widgets in the process also. Ben Berry made a motion to approve an ordinance to zone about 10.94 acres, more or less, of property located at Pleasant Grove Church Rd from CH Highway Commercial to PUD Planned Unit of Development 57 Zoning District and includes Tax Map 056 Parcel 051.10, seconded by Alma Dotson. The motion passed 6-0. Yes – 6 No – 0 Absent – 3 d. request by Esco Group, LLC for consideration of an ordinance to zone about .13 acres, more or less, of property located at 922 Wildwood Avenue from CH Highway Commercial Zoning District to MU Mixed Use Zoning District and includes Tax Map 057E Group P Parcel 001.00. Robert Varnell: So, this is an existing building on Wildwood at the corner of Wildwood and 9th SE, and it is an existing two-floor building. The intent from the applicant's standpoint is to maintain the commercial on the main floor and have some residential components on the second floor. Pull up the map so this is 9th and the overall site. It's this small corner here. It doesn't meet the lot standards for Hwy. Commercial. It can meet the lot standards and density for mixing. We have discussed the caveats of the acceptable residential components of the zone. It's a standing lot of record from a staff standpoint, the planning view that's the highest and best use is probably not highway commercial because it's not on a big 4-lane highway and has a mixed-use component near downtown, it's more of an urban neighborhood. Does make sense? It's an existing structure. So, any site development would take place within the interior of the building. We don't yet know how many units they can get and things like that. We have to go through a site review process and look at what they plan to do. You know, the first step of the zoning, that's forward or what. Kind of an urban use point of view. Any thoughts, or questions on that? Ben Bery: Would it serve them? Better or change anything to go to CBD thought so because of the 00 setback, lack of parking. Robert Varnell: Right. It's just the question of does the CBD really bounce outside of that central business district or do we need to create a better mixed-use zone? That actually solves that issue, and I think that's the answer. The CBD works perfectly for what they want. It's just that it felt. Is it central business? This room? I mean, it's close. It's very close. Alma Dotson: How’s thisgoing to affect the bridge, the bridge and the thruway that's planning on coming. Robert Varnell: So, all of those improvements that will take place will be to the North and West of this location. It really starts at 9th St. and moves in that direction. So, this one is South of 9th St. and won't be impacted likely by those improvements coming up. I do believe the applicants are here. If you've got some questions or thoughts for them as well. Any other thoughts or questions for me or for the applicant?  Bill Estes made a motion to approve an ordinance to zone about .13 acres, more or less, of property located at 922 Wildwood Avenue from CH Highway Commercial Zoning District to MU Mixed Use Zoning District and includes Tax Map 057E Group P Parcell 001.00, seconded by Tiffiani Sherlin. The motion passed 6-0. Yes – 6 No – 0 Absent – 3 e. request by Latta Patel and Curt Crisp for consideration of a Plan of Service for about 2.86 acres, more or less, for property located at Blue Springs Road and includes Tax Map 065J Group a Parcel 020.00 and 021.00. Robert Varnell: So yeah, we've got the plan of service, the resolution to annex in the zoning. I'm just going to call and all three, you know, right now. We're playing that service standpoint. If you read through it, you'll see that all the services are right there the parcels just to the east of this are already in the city and this access is through city limit property. The flagstones are in the city of this lot. You can see there's part of this lot is already in the city. They intend to build some single-family detached homes on that property. The necessity of the sewer and things like that, you know, looking to bring that into the city, they're all Blue Springs so to us from, you know, the plan of service was straightforward. If there are any questions on that, I'm happy to answer. The applicants here if you have questions for them or if anyone wants to speak to that as well. Bill Estes made a motion to approve a Plan of Service for about 2.86 acres, more or less, for property located at Blue Springs Road and includes Tax Map 065J Group A Paracel 020.00 and 021.00, seconded by Maryl Elliot. The motion passed 6-0. Yes – 6 No – 0 Absent - 3 f. request by Latta Patel and Curt Crisp for consideration of a resolution to annex about 2.86 acres, more or less, for property located at Blue Springs Road and includes Tax Map 065J Group A Parcels 020.00 and 021.00. Bill Estes made a motion to approve a resolution to annex about 2.86 acres, more or less, for property located at Blue Springs Road and includes Tax Map 065J Group A Parcels 020.00 and 021.00,  seconded by Alma Dotson. The motion passed 6-0. Yes – 6 No – 0 Absent – 3. g. request by Latta Patel and Curt Crisp for consideration of an ordinance to zone about 2.86 acres, more or less, for property located at Blue Springs Road from FAR unincorporated county to R- 2 Low Density Single and Multi-Family Zoning District and includes Tax Map 065J Group A Parcels 020.00 and 021.00. Bill Estes made a motion to approve an ordinance to zone about 2.86 acres, more or less, for property located at Blue Springs Road from FAR unincorporated county to R-2 Low Density Single and Multi-Family Zoning District and includes Tax Map 065J Group A Parcels 020.00 and 021.00, seconded by Alma Dotson. The motion passed 6-0. Yes – 6 No – 0 Absent – 3 h. request by multiple members of the Newman Family for consideration of a Plan of Service for about 177 acres, more or less, for property located at Brymer Creek Road, Johnston School Road, and Mason Road, and includes Tax Map 056 Parcels 083.00, 084.00 and Tax Map 064 Parcels 002.00, 002.02, and 001.04. Robert Varnell: So, this plan of service covers the entire annexation request. There are some utility infrastructure improvements that will be required as part of this. City services standpoint may recall the city with our partners at TDOT and Rocky County invested close to $30 million to build the interchange on the bypass commonly known as the Tom Roland interchange. Now to him and One part of the PUD, like I said, with these annexations, I'm going to talk about all three of the devoting stipulations of points. Is it the access that comes out on the Stone Lake Rd. which is their negotiation with one of those? Members now and PUD requires it. Agreements will be in place before the final reading, which would possibly take place. So, from a point of service standpoint, the city set itself up two service areas, we got an industrial park over the Ridge that was a catalyst for a lot of development, but this was a known commodity dating back to 2014 when it was included in the urban growth boundary for a specific purpose. The family, because they thought it might develop this one point and they would want the number of units is, you know, dependent on the site review and site design. The body still allows us to believe it's so close to 600 so… Clarke Taylor: Did we approve a couple of years ago, the one we did think of that 620 units, so it's still a 500 section? Robert Varnell: The original plan included, uh, another section. Clarke Taylor: 60 units for the last two years. Robert Varnell: Actually, the ones before were closer to 800. Yeah. Yeah. And they went through one reading at the City Council, but then they just came up and so a new applicant has come forward with just part of that piece and looking at annexing into the city for residential development and that's something from a Planning standpoint cities invested in the infrastructure down there, there's still some utility infrastructure that takes place, but all those things are done with the idea that a lot of the areas around exit 20 would continue to develop because we… Clarke Taylor: Expected them to do so. Bill Estes: Can you show, I think another red and explain the green with blue and then show me where Stone Lake is going to come out. Robert Varnell: So yeah. So Stone Lake is actually right here, and they're in discussions with these folks about taking the road there the green that you see is the highlighted existing roads that are within the plat area that are included in the annexation. It's Johnson School Road and Mason Rd. and part of Brymer Creek. So, and then that's just within the development area itself. And those roads by the PUD are required to be approved to the city standard that we expect. They also include a landscape St. Yard to run along those that. All of the different aspects of the existing County Road will be approved. It will not have any driveways on it. The only access points along that section will be entering into the different sections of the neighborhood. You know, some of it will have to be masqueraded based on that's how development goes. But we've asked them to look at minimizing that. That also includes language about amenities and stormwater. The plan would be to provide a pool and those aspects for the HOA residents. I want to point out that the two parcels. Here one and two are remaining with the current owners. Those are next so that the whole site is contiguous to the city limits their annex with their remaining is RA and they're not going to change at this. Like oh, so let me see what a lot of acreage right there in the middle those two parcels are being annexed in, but are not part of the PUD, they stay as are any. The road improvements still go along as the entire so from the Brymer Creek all the way out to what would be the new section at Stone Lake. That entire section is what they will be improving to the city standard. Ben Berry: Repeat the section between the dark blue I guess all Johnson School Rd. since it turns into Mason Rd. right here. There's that section of this not in the PUD. Robert Varnell: Right. That's still the water. That's because that's the utilization of the right, that's correct. I know the applicants are here and I'm pretty sure we have some folks who might speak to this as well, but I'll stand up here and answer a few more questions if you've got any more for me. Ben Berry: What happens if they don't get the access? Robert Varnell: Well, the PUD requires access for them to actually get site plan submittal. So, it would be annexed and zoned, but they'll be on hold until that access is approved. Larry Turpin: I represent the interest of the Neil Henry farm that was part of the two years ago and my wife and I are settling in here and we want to make sure that whatever does happen with this potential development, that we've got a good, safe traffic flow. And if I understood from what was being said, it was a little hard to hear from back then that this is contingent upon building that road out of Stone Lake Rd. Robert Varnell: That's correct. Larry Turpin: OK, so I think that answers most of it, but is there a traffic flow study that is done as a part of that just to make sure that there's no other congestion in the area? Robert Varnell: Well, that's certainly something we could consider. It's not included at the moment, you know as I stated the whole area was recently newly built based on certain standards between the city, county, and the State, Stone Lake Rd. up to the interchange and the Cherokee Gateway Blvd. So that's certainly something that the Planning Commission can consider. Larry Turpin: My concern is there's still going to be tremendous traffic flowing through on Johnson School Road and Randle Creek Rd. So, I was out on Mason I think it's not just a matter of having that access out to Stone Lake Rd. There's going to be a tremendous increase in traffic and so the road design needs to be appropriate for that. Robert Varnell: The applicants have been agreeable to improving the roads. You know, Tennessee State law gives us certain leverage, but then it stops and off-site improvements like that are very difficult. But within the development itself and the roads that they're impacting that already exist those roads will be improved to a city-level standard which is much wider, right away, shoulders, sidewalks, etcetera. So, it's a much more comfortable and safe Rd. when we think about it and look at it, you come out and you're going to have the ability to go straight out on a road like that as opposed to getting onto a County Road that you know you're not going to feel as comfortable on going that way. It's more of a, you know, we're steering people to go and follow those city roads out to that Stone Lake. Larry Turpin: We would still be traveling out of our driveway onto Johnston School Rd. So that we're going to be in, you know, run into a lot more traffic. So, we just want to know if that's going to be accommodated appropriately. It's already a very narrow Rd. so the expansion of that would have to be taken into consideration also, stormwater, retention ponds, and so forth of the design. It's very steep terrain. I mean steep hills and we've got a lot of wetlands are potentially impacted. How do we ensure that that's not going to be infringed upon? Ben Berry: So, wetland, I mean, we do know that this would be zoning, and so we're super high level of land use and making sure that we have a plan of service which is a lot of access concerns also other services, police, fire, utilities are appropriate for the other uses. What you're talking about is really more permitting level. Every project has to get a full wetland training study before they start and scroll water, so all that is handled OK and at the next all sorts of laws and processes in place to make sure that is. Robert Varnell: And it may not seem like it, but a lot of times through development, those issues get improved because the standards that we have in the City of Cleveland are what the state requires so you know there has to be a net loss of water running off site. In a sense, they've got to retain it to a certain extent and then it releases over a time period, depending on where it is I assume, but I'm not an engineer so I do my best with it, but they may not be exact in size and location because we'll go like that. Like you said, there's a full engineering-level site review that will go through this and every staff member will get their hands on it before you know, once approved through the process, staff would review each component of that and we've got professionals that do that and so a lot of times from my understanding it's actually improved the stormwater issues once it is developed. Larry Turpin: Who's held responsible, though, is that the developer, or is it the city? Robert Varnell: For what? Larry Turpin: If there's a stormwater issue, you know with that? Robert Varnell: Well, I think it depends on when, that's when that presents itself and what the reason is. I think there are variables there that I can't specifically say, but it would be one or the other, yeah. Ben Berry: I would love to have when I saw this. To me, it's access bridge programs. That's the from what we're looking at. That was the gorilla. It's such a big project as I was thinking we're creating this project return Johnson School Rd. It runs North and South, not the part that goes back to S Lee Highway. First, put that to the side of the separate budget, but the north-south section is going to create a brand-new city standard Rd. through there, so a nice brand new road throughout the entire project and then extend it all the way to Stone Lake Rd. it's from Stone Lake Rd. all the way through Bymer Creek Rd. Almost building a parallel route, building a parallel route to South Lee Hwy. because that come in and out of Justin Woods, you can come in and you come out of Brymer Creek and traffic's fast. You can sit there a long time and pulling out. And so, to me, if you know, putting the development aside from the extra new homes, if we create that second alternate corridor that cuts over because once you get to Stone Lake Rd. you turn left and you go right to the new interchange. You're right there you can turn right and got Humphreys Bridge Rd., which is about perfect, but it's another route. You have this alternate route that if you pull some of that pressure off of South Lee Highway and the accessing in and out it felt like that transportation improvement by itself was a major improvement to this area. Larry Turpin: It does sound like the road would have to be widened and so they'd be landed, have to be taken from our entries as well. You're this part, right through here. Ben Berry: OK, so they could theoretically widen all to one side, so maybe 1. Whatever. Now I'll say as a private developer they can't do anything. Robert Varnell: Like it is, it's probably pretty close. I don't know that. You know you've got ditches. Those are probably in the public right away. The right of way extends beyond the edge of pavement as it stands today. So, there may not be any needed right away there. Gee Harvey: Good evening, Gee Harvey with Mustang Development. I'm here as the applicant and developer and I wanted to just say a couple of things and address these questions because we have been working on this for quite a while. First, Robert has provided us with the ordinance. We reviewed it and everything and it's acceptable to us. I do think that Mr. Berry, is right. I think access and traffic flows are of valid concern and what we've tried to do to address that is to give you some more specifics and kind of answer your question is we do want to make the connection to Stone Lake Rd. To kind of do that and then the improvements to Johnston School Rd. and Mason Rd. If you read in the ordinance, if there's not a 50 foot right away now, we would have to acquire that. But it's all along our property. So, we wouldn't expect to get that from anywhere else. We would give that right to have the required right away. There are, I think, 2 Creek crossings there too, that are really narrow. Those would be upgraded as well to improve that kind of north-south flow. And then wherever we have a turn lane, for example, if you look at the plane, wherever there's kind of entrances to the development, there will be required to provide a 70-foot ride right away instead of A50 to kind of widen that. And then you're playing your question too about the access and the road. We're going to provide a streetscape and the way that would work is when we go into permitting, we would actually submit plans for that landscape plans, if you will, that would step with that and that would be part of our plans. Get approved and part of the permit that would have to be issued before we could do any of the work. I don't know if you've seen it, but I can provide it. We've sent Robert some pictures because we developed kind of all throughout the Southeast and I've sent pictures of the projects we've done, including the entrance monuments. I know that's really concerned. That's kind of what this looks like today. And I've sent 2 pictures. I don't know if you've seen them or not. We're finishing another development outside of Atlanta and we built really very nice large entrance monuments, full nation stone and brick. I sent those just an example would be something similar. We have something coming up from this and that would be part of that process as well. So, I think we're going to try these road improvements. You know our budget based on what we're spending currently in other places is probably pushing about $2,000,000 worth of road improvements that we would be making to try to kind of help with the flow and it would be completely different once it's done now, because I think now the road is it feels very narrow once the improvements are made, it would not be the case. We've also already spoken with folks in the sewer department. There's a substantial amount of sewer upgrades we'd be making. We're aware of that. We've contemplated that and already met with them as far as stormwater and wetlands go to kind of address that concern. We've already done a wetlands delineation, so this plan takes into account wherever wetlands actually exist, and we've kind of stayed out of those already. So, we've done that and that would be part of the permit. The stormwater we are required to kind of retain the on-site and improve the situation. We actually have to submit a hydrology report that goes to the engineers to prepare it. We have to show that what's leaving the site is less than it is currently. That's part of the permitting process and then once everything's built. The detention ponds are kind of the little blue areas. The lighter blue area is kind of shown throughout. You do an as- built hydrology report on the back end to show that the ponds were built per the plans and they're working and everything. You have to submit that to get your as-built plans in the final plat review and approval before you can build the houses, so there's multiple checks in the process to address the stormwater requirements. There's initial permitting checks, if you will, and then when actually done, you have to kind of surveyors and engineers go out verify everything. All that has to be reviewed and approved before we can build the houses. So, I just wanted to address those kinds of questions so that all this stuff gets reviewed. Now, Stone Lake Rd. access we're working with its kind of a chicken and egg thing. Those property owners wanted some very specific things from us that are hard to give until we get a little bit further down the process. You know normally we go through annexation and rezoning once that process is complete and the UN engineering, once we get an engineering, we'll have very specific plans drawn up to kind of give them what they need. We'll get that worked out. We're in discussions with them. They want some specific things about where we're going to be sewer manholes, where are going to be gate valves for the water and we just don't have those answers yet. We will. They're asking for some specific things we need to get a little bit further in the process to kind of finalize things with them because part of what we offered is to run sewer and water to their property and provide connection points to when their properties developed. They don't have to go off site or make any offsite improvements. Everything is right there. They can get tied into the sewer system and the water. And it's right there. And then we're going to make sure everything's sized downstream to accommodate their property, whatever if they're in their future date. So that's kind of where we're at the process. It's a little bit hard to finalize some of these things because it's kind of what comes first. And we're doing the best we can with you know where we're at in the process. We have the engineer here tonight in the survey. If anybody has any questions, I'm happy to answer. And if I don't know the answers, I'm happy to ask them to help and thank you for your time. Ben Berry: What kind of timeline do you anticipate a development like this phasing approximately basing. Gee Harvey: If we get through this process in October, it's probably take about 90 days to draw the first set of plans for kind of the phase one if you will. And it's probably going to take 90 days or so to go through permitting. So that's six months. Probably take a year to develop and do the site work. So, your year and a half and before you start building the first houses. So, you're probably 2 1/2 years to kind of get into the Phase 1 build out and we kind of want to do this probably 2 phases. So, it's probably about a five-year plan. Lisa Newman: On this property that's not being developed, and, in the middle, you can see my mother's house. I did grow up there and it's been quite a bit of time there over the years, including yours. So, I know what it's like to live there. I just want to make sure that the Commission is aware that we have a village of historic walk buildings behind my parents house. There's none log cabin. Bradley Kelly's heritage and have a lot of historic value and I've been working very hard in the last few months trying to make a plan to preserve this village meticulously built and moved from other parts of Plymouth County and as part of that and the process of negotiating a use agreement with the Woodsong Forest School and the Woodsong Forest School also has operations on his land back behind ERN by the Stone Lake. And so, they would put their high school where we are. So, this is my parent's house. It will be we have a verbal sales agreement with the Woodsong School to purchase this property and then this property around it. This is owned by my brother and I. The school will have use of it because they will purchase that right. So, there will be a school inside and obviously, we have questions. I just found out about the change in zoning over the weekend when I saw the sign. I have been traveling the past couple of weeks, so I don't know how this affects my taxes. I don't know how it affects the school I have some questions about security. These buildings are very fragile and also dangerous to children, so I want to make sure that there is secure fencing. Things like that. Drainage, of course, is a concern because those two creeks are low profile. And they're reporting to the Forest School noise is a concern, but I'm really concerned about security that, you know, we don't have this sort of a tract. The buildings for kids that are also dangerous and like that the property does not secure. Ben Berry: She's talking about it's included in the annexation. But not in the rezoning? Robert Varnell: That's correct that the property owner's son, but the property owners are included in the next section that's correct. Bill Estes: So, the buffer between the PUD and this? Looking at this just this draft. Robert Varnell: It's a 30-foot buffer on the edge, you know that's required. And so that you know the one side, it's right there, the other side is across the road. So, roads, according to our ordinance, any well? Anyway, I'll get into the detail, but yeah, there is a 30-foot buffer there. There's not a fence requirement. I think if the school goes there, they usually provide a fence themselves. That's what I've seen Schools. I understand it that they're at Johnston Ridge right now I'm familiar with what they do and that's great. That's a I don't think it impacts them. I think these guys aren't going to be worried about adding a couple of extra provisions if need be. And I think we'll look at what they're proposing to do once we have something concrete, obviously with any school, we take certain steps. This would be no different. Lisa Newman: You know this property is going to flex because my mother just died. So, Tommy is the executor of the estate. But it goes to me and my brother Beau. And also, there were some property problems because my father just built log cabins wherever he wanted because he owned both his personal property and the farm, and so we've had to work. Our surveyor is here, and we've worked that out and now we know that this will be my property here. So, can somebody tell me what this does to my taxes? Robert Varnell: You know, currently you don't pay city taxes. The property was requested for annexation, so you pay city taxes based on the residential. Yeah. I can't give you an exact number, but I don't, wouldn't you know the city taxes comes with the city services. So, the school and you get the trash pickup and things like that that you have to pay for now. Lisa Newman: Now imagine that that's a positive. Robert Varnell: And the school which right now is in desperate need of sewer, will now have it because they've had problems with Johnston Woods. And that's something I've been working on elsewhere. And so, I think there's a net gain for you there, but your county taxes will remain the same. And then you'll have city taxes based on the residential aspect of it currently, which aren't significant. Jason Burch: Hello, my name is Jason Burch. I was born on Mason Rd. At the development part of it, Mason Rd. goes out this way and it's a dead-end road. It's always been a dead-end road. They were forced into annexation before you had to give your property up. Well, they do have a sewer out there and it's a 2-inch forced sewer line. They actually required the landowner to put in a grinder that cost $15,000 to install and then hook to a 2-inchmMax. I don't understand how this kind of development, how the sewer system is going to handle that, and if I'm not right, our treatment facility is in Charleston on the river. So, are we going to have is the city or whoever going to have to pay to upgrade the entire system to Charleston? No, there's a plan of service for this development that includes close to $3,000,000 in sewer infrastructure. Robert Varnell: Upgrades that the developer is responsible for. There's going to be upsizing the pump station and the line on S Lee Highway so the sewer will not be the same one that you're connected to. It actually will go to South Lee and then it pumps over to Candies Creek close to the Black Fox farm. And so, at that point it goes into the large fort main that goes all the way to the to treatment plant in Hiawassee any of the property down here travels from this point to the Hiawassee River today. Jason Burch: And I'm just saying, adding this many developments is it going to change the spot from there to the Hiawassee? Robert Varnell: It won't have that kind of impact. I mean that pipes decently sized, you know we're looking with our partners, including utilities, we've been studying future upgrades for when the population is even more at this point, what we have in place with the upgrades they have to do specifically to the site or more than enough to handle this. Jason Burch: Well, these people that do buy these lots have been forced to put in a 15 to $20,000 grinder system like my mother had to. Robert Varnell: I believe the system these guys are going to have to upgrade will be gravity to the pump and therefore they won't have to. But these guys are spending 3 million as opposed to 15,000. Jason Burch: OK. And just you said you own this piece of property, ma'am. Just want to verify is that a forced annexation? Robert Varnell: No, no, they requested annexation. Jason Burch: OK, she requested. OK, I didn't know. OK, well, I thought she just said she owns this and it's part of the annexation, and she didn't request. Lisa Newman: It was part of my mother's estate and it's still in the estate process. Robert Varnell: The executor of the estate as it stands today has requested annexation, yes. Jason Burch: The last thing I have is on the end of Mason Rd. Every home existing on their deed has a restriction that you cannot build more than one home per 2.5 acres. When my mother bought that property 38 years ago in 86, she assumed this was part of it. Now I can't find nothing on Mr. Newman's deeds that show the restrictions, but I do have one that says at one time there was a Carl Hoskins that owned a big section of this land somewhere. I can't find it so old I can't find exactly where. It states that the restrictions shall run with the land be binding upon grantees and their heirs. The original track from Carl J Hoskins shall not be resubmitted. So as to have less than 1 1/2 acre in each track. And if that's part of his old farm from the 40s, there's a lot more on 2 1/2 acres in the deed restrictions. I just wanted to point that out to the council. Thank you for your time. Bill Estes: Mr. Kimball, can you help me out with that? Robert Varnell: It's a different estate. John Kimball: I would assume the developers researched the titles of their land and can address that. Gee Harvey: I actually don't know what specifically come up, but we have already run title to the property and have a title commitment and the national title Companies, Glacier title, and insurance and that is not an exception or anywhere in our attorneys, which are actually out of Nashville, Chattanooga and Atlanta, have all looked at it, and the title company has looked at it and that's not come up and it's already kind of passed on the title and it's acceptable to us. And that is nowhere in it. And it's not in the it's not a permitted exception or injection in the title permitted. So, I'm not concerned about it from that stand. Tommy Newman. I'm the reason for all the problem. I can help clarify that on this. Up Mason Rd. was Carl Hoskins bought 45 acres from the Beatrice Bell estate in 1976/75 and part of his buying this he was guaranteed access. So, prior to instead of running the road along the Creek to access that he allowed access here through half only us and half on this. So, none of the deed restrictions from this estate apply to any of this. So that was all done 1976 or so. So that's clear. Erica Godfrey: I live at the end of Mason Rd. Currently, there's 11 houses anyone that needs to get back the other direction has to turn around in my driveway. And I just didn't know if anything's going to be done about that. There's no way to turn around the garbage truck. It backs down the hill, picks up our trash and the school bus will not pick up kids on our Rd. because there's nowhere to turn around. And anyone that goes past this turns around in my driveway. Ben Berry: Yeah. So, part of this on that plan is Mason Rd. Erica Godfrey: I mean currently, they should go out, but they're not. I mean, people are going to drive around. Ben Berry: Well, it takes a hard left right there at the turn instead of taking a hard left, it will also go straight all the way through to North Stone Lake Rd. Erica Godfrey: I know that's the way you would want people to go but if we add 260 people at the front of our neighborhood and turn around in my driveway. Robert Varnell: So, are you one of the parcels in the city? Erica Godfrey: We don't pursue connected to. Robert Varnell: One of the first things that we can look at is the signage that's there. What kind of signage exists, I don't know. Erica Godfrey: Only one little. It's in the county. The sign that says dead end. Robert Varnell: Well, we'll improve on that. We can't, you know, for us to improve at the end, we'd have to work with you on building a cul-de-sac. I don't know that you've got the landing. I mean that's that takes a lot more to look at, but that's something we can look at from a staff level at this point, yeah. Erica Godfrey: Yeah, I mean it's just 261 more houses on right now. We only have 11 Gee Harvey: A mile alone, try to help. I'm agreeing and if we need to put it in the public hand that we put up signage that the city approves and try to keep that from happening, we'll pay on our down and say you know, dead end, no turnarounds. What we can do. We're willing to try to be good neighbor, to pay for that sign so we can put that up while we're putting up stop signs and other things we're happy. Ben Berry made a motion to approve the Plan of Service for about 177 acres, more or less, for property located at Brymer Creek Road, Johnson School Road and Mason Road and includes Tax Map 064 Parcels 002.00, 002.02, and 001.04. i. request by multiple members of the Newman Family for consideration of a resolution to annex about 177 acres, more or less, for property located at Brymer Creek Road, Johnston School Road, and Mason Road, and includes Tax Map 056 Parcels 083.00 and 084.00 and Tax Map 064 Parcels 002.00, 002.02, and 001.04. Ben Berry made a motion to approve a resolution to annex about 177 acres, more or less, for property located at Brymer Creek Road, Johnson School Road, and Mason Road, and includes Tax Map 056 Parcels 083.00 and 084.00 and Tax Map 064 Parcels 002.00, 002.02, and 001.04, seconded by Bill Estes. The motion passed 6-0. Yes – 6 No – 0 Absent - 3 j. request by multiple members of the Newman Family for consideration of an ordinance to zone about 177 acres, more or less, for property located at Brymer Creek Road, Johnston School Road, and Mason Road from FAR unincorporated county to PUD Planned Unit of Development 56 Zoning District and includes Tax Map 056 Parcels 083.00 and 084.00 and Tax Map 064 Parcels 002.00. 002.02, and 001.04. Ben Berry made a motion to approve the ordinance to zone about 177 acres, more or less, for property located at Brymer Creek Road, Johnston School Road, and Mason Road from FAR unincorporated country to PUD Planned Unit of Development 56 Zoning District and includes Tax Map 056 Parcells 083.00 and 084.00 and Tax Map 064 Parcels 002.00, 002.02, and 001.04, seconded by Alma Dotson. The motion passed 6-0. Yes – 6 No – 0 Absent – 3 6. Chairman’s Report 7. Director’s Report 8. Adjourn 7:00 pm