[00:00:03]
[1. CALL TO ORDER]
GONNA GO AHEAD AND CALL THIS MEETING TO ORDER SO WE CAN HAVE THE ELECTION, UH, AT THIS TIME, WE'LL NOW HOLD THE ELECTION OF CHAIR OF CHAIR AND VICE CHAIR.MAY I HAVE A NOMINATION FOR THE CHAIR OF THE COMMISSION? I'D LIKE TO MAKE A NOMINATION TO NOMINATE FRANCIS KUNG YU AS CHAIRMAN OF THE ALFREDO PLANNING COMMISSION.
MAY I SEE A VOTE, PLEASE? ALL IN FAVOR.
DO YOU ACCEPT THAT POSITION? UH, MR. KUNG, IT'S BEEN BOARDED ON ALREADY AND I APPRECIATE THE TRUST YOU HAVE IN ME AND HE DID MENTION MY NAME CORRECTLY.
NOW WE HAVE THE NOMINATION FOR VICE CHAIR OF THE COMMISSION.
DOES ANYONE HAVE A NOMINATION? UH, I WOULD LIKE TO, UH, PUT FORWARD JILL, UH, COMMISSIONER REYNOLDS AS OUR VICE CHAIR.
IS THERE A SECOND? SECOND? AND ALL THOSE IN FAVOR? THANK YOU.
I NEED TO SIT BACK A LITTLE BIT.
I GUESS THEY TURNED UP THE VOLUME.
WHERE IS THE VOLUME IS? NO, WE DON'T HAVE, WE DON'T HAVE, WE NO VOLUME.
SO I JUST HAVE TO SIT A LITTLE BIT OR PUSH A LITTLE FURTHER OUT.
UM, THE MEETING IS ALREADY IN ORDER.
THIS IS THE FIRST MEETING OF 2026 AND, UM, IT'S AN HONOR TO SERVE THE PUBLIC IN THIS CAPACITY.
AND, UH, WE PRAY THAT THIS YEAR IS, UM, PRODUCTIVE AND HEALTHY FOR EVERYBODY IN OUR CITY, AND THAT GOD POURS HIS BLESSINGS UPON EVERYBODY THROUGHOUT THE YEAR.
AND WE LOOK FORWARD TO A GREAT YEAR OF PROGRESS IN OUR CITY AND SAFETY.
UM, THE ITEMS THAT WILL BE CONSIDERED TODAY, UH, ACTUALLY THERE IS ONLY ONE ITEM, AND I'LL GO THROUGH THOSE IN JUST A MOMENT.
IF IT'S FORWARDED TO COUNCIL, IT'LL BE HEARD ON JANUARY THE 26TH, 2025.
[3. APPROVAL OF MEETING MINUTES]
FIRST ITEM ON THE AGENDA IS APPROVAL OF THE MINUTES FROM THE LAST MEETING THAT WAS HELD ON DECEMBER 4TH, 2025.I'LL MAKE A MOTION TO APPROVE THE MINUTES.
AND PROPER SECONDED, OR IN FAVOR? PLEASE RAISE YOUR HAND.
UM, ELLA, IF YOU CAN READ THE PUBLIC HEARING PROCEDURES, I ALSO, THE MINUTES FROM NOVEMBER 6TH AND OCTOBER 2ND.
I DON'T THINK THOSE WERE APPROVED YET AT THE PREVIOUS MEETINGS OR THEY, THEY WERE APPROVED FOR NOVEMBER 6TH.
REALLY? BECAUSE, UM, I DIDN'T SEE, I DIDN'T SEE THAT ON THE AGENDA, SO I DIDN'T THAT'S WHAT I'LL CHECK.
IT'S REFLECTED IN THE MINUTES BECAUSE I WASN'T HERE.
[6. PUBLIC HEARING]
ALRIGHT, THE PROCEDURES PLEASE.AN INDIVIDUAL REQUESTING TO BE HEARD ON A MATTER RELATED TO THE PURPOSE OF THE HEARING MUST BE RECOGNIZED BY THE CHAIR BEFORE ADDRESSING THE COMMISSION.
UPON RISING TO SPEAK, THE SPEAKER MUST IDENTIFY HIMSELF OR HERSELF AND FURNISH A HOME OR BUSINESS ADDRESS BEFORE PROCEEDING WITH ANY COMMENTS OR REMARKS.
THE COMMISSION WILL ALLOW THE PROPONENTS A TOTAL OF 10 MINUTES TO SPEAK IN SUPPORT OF AN APPLICATION, AND OPPONENTS WILL BE ALLOWED 10 MINUTES TO SPEAK IN OPPOSITION.
COMMENTS ARE ACCEPTED FIRST FROM THE APPLICANT, FOLLOWED BY PERSON SPEAKING IN FAVOR, AND THEN FROM, FROM THOSE IN OPPOSITION UPON CONCLUSION OF ANY OPPOSING COMMENTS OR PRESENTATIONS.
THE CHAIR WILL ALLOW THE APPLICANT TO OFFER REBUTTAL IF ANY TIME IS REMAINING IN THE ORIGINAL ALLOTTED 10 MINUTES AND THE CHAIR ALWAYS HAS A DISCRETION TO GIVE MORE TIME.
AND THE ITEM WE HAVE, WE HAD FOUR ITEMS. THREE OF THEM HAVE BEEN, UH, DEFERRED.
AND THE ONLY ITEM WE'RE GONNA BE CONSIDERING TONIGHT IS Z DASH 2025 DASH 1615 SLASH V DASH 25 DASH 34 MAY MEWELL MILTON AVENUE.
KATHY, GOOD EVENING AND CONGRATULATIONS, CHAIRMAN AND VICE CHAIRMAN.
WELCOME BACK, COMMISSIONER RICHARD AND ELLIE.
[00:05:01]
BACK TOO.UH, THE, THE FIRST AND ONLY ITEM THAT WE HAVE, UH, THE AREA IS SHOWN TO YOU ON THE SCREEN.
THE APPLICANT IS REQUESTING A REZONING AND VARIANCE TO ALLOW FOR THE DEVELOPMENT OF ONE SINGLE FAMILY DETACH LOT ON 1.34 ACRES IN THE DOWNTOWN REZONING IS REQUESTED FROM SPECIAL USE TO R 15 AND VARIANCES ARE REQUESTED TO REDUCE THE FRONT BUILDING SETBACK AND REDUCES STREAM BUFFER AND IMPERVIOUS SETBACK FOR PERENNIAL STREAM.
AND JUST A REMINDER, THIS WAS ACTUALLY HEARD BY THE PLANNING COMMISSION IN SEPTEMBER.
AT THAT TIME, THE APPLICANT WAS REQUESTING APPROVAL FOR TWO LOTS.
UM, STAFF HAD RECOMMENDED DENIAL.
THAT WAS SOMETHING THAT ALSO THE PLANNING COMMISSION HAD RECOMMENDED DENIAL AND THE APPLICANT WITHDREW THE APPLICATION BEFORE IT WENT TO COUNCIL.
SO THIS IS A NEW APPLICATION THAT HAS NOT BEEN HEARD BY THE, UM, CITY COUNCIL, WHICH WOULD'VE PUT IT OFF FOR, UH, SIX MONTHS TO A YEAR.
THEY WITHDREW PRIOR TO THAT THE REQUEST IF APPROVED, AGAIN, WOULD ALLOW FOR THE CONSTRUCTION OF ONE SINGLE FAMILY DETACHED HOME.
AND HERE'S, UH, THE SITE PLAN DENSITY IS 0.75 DWELLING UNITS PER ACRE.
THE UNDEVELOPED WOODED PROPERTY HAS A PERENNIAL STREAM, WHICH IS A TRIBUTARY OF FOLK KILLER CREEK, WHICH IS RUNNING ALONG THE NORTH SIDE.
THE CITY'S REQUIRED, UH, IMPERVIOUS BUFFER IS 150 FEET.
SO IT'S, IT'S A VARIANCE FROM THE 150 FOOT BUFFER IN ORDER TO GO TO A 75 FOOT BUFFER.
AND YOU CAN SEE THERE, THERE'S ACTUALLY A HOUSE THAT THEY OWN.
THEY'RE CONSTRUCTING NEXT DOOR.
THAT SAME BUFFER REQUIREMENT RUNS THE ENTIRE LENGTH.
BASICALLY THE ENTIRE LOT IS WITHIN THAT 150 FOOT, UH, BUFFER.
NOW THAT IS MOVING FORWARD BECAUSE THERE WASN'T A, A HOME THAT WAS ALREADY ON THAT LOT.
SO WE PERMIT A HOME TO GO BACK WITHIN THAT BUFFER.
SO THAT IS WHY YOU DIDN'T SEE, UH, THIS PROPERTY HERE, BECAUSE THERE WAS ALREADY A STRUCTURE.
THE DIFFERENCE WITH THIS ONE IS THERE'S, THERE WAS NOT A STRUCTURE ON THE PROPERTY, ACTUALLY PURCHASED IT FROM INNOVATION ACADEMY.
UH, IT WAS PART OF THE SCHOOL'S PROPERTY, SO THERE WAS NOT A STRUCTURE PREVIOUSLY, WHICH REQUIRES IT HAS TO GO THROUGH THE PLANNING COMMISSION AS WELL AS CITY COUNCIL, UH, FOR APPROVAL.
AND JUST A REMINDER, THE STATE BUFFER IS 25 FEET ALONG A STREAM.
IT'S THE CITY THAT GOES TO THE, THE 150 FEET.
THE PROPOSAL IS CONSISTENT WITH THE COMPREHENSIVE LAND USE PLAN DESIGNATION OF THE PROPERTY, WHICH IS ALLOWS LOW DENSITY RESIDENTIAL.
APPLICANT IS REQUESTING VARIANCES FROM THE, UH, FRONT BUILDING SETBACK FROM 65 FEET TO 24 FEET.
AND ALSO, AGAIN, AS, AS I NOTED, THE REQUESTING THE REDUCTION OF, OF THE IMPERVIOUS SETBACK FROM 150 TO 75 FEET.
AND LOOKING AT THE FRONT SETBACK, OF COURSE, THEY'RE TRYING TO MOVE IT AWAY FROM THE BUFFER.
BUT WITHIN THE DOWNTOWN, THIS IS WITHIN THE DOWNTOWN OVERLAY, WE HAVE ALLOWED REDUCED FRONT SETBACKS.
IF YOU THINK ABOUT ACADEMY STREET EAST OF MAINE, THOSE ARE 12 TO 15 FEET.
UM, ACADEMY STREET, THERE'S SOME NEW HOMES BUILT ON ACADEMY STREET THAT ARE, UH, ALLOWED TO HAVE A 30 FOOT FRONT SETBACK.
SO WE HAVE ALLOWED REDUCED SETBACKS, UH, WITHIN THE DOWNTOWN OVERLAY STREAM.
BUFFER MITIGATION WAS SUBMITTED BY THE APPLICANT IN EFFORT TO OFFSET THE IMPACTS TO THE STREAM.
AND WE, WHEN WE LOOKED AT THE PREVIOUS APPLICATION, I'LL SHOW YOU THAT REAL QUICK.
THE IMPACT TO THE STREAM BUFFER WAS A LITTLE OVER 22,000.
THE IMPACT WITH THE ONE LOT ONE HOME ON THE SAME PROPERTY IS ABOUT 17,000.
THEY ARE PROPOSING THAT THEY WILL TWO TIMES THE ENCROACHMENT AREA, THEY'LL HAVE A, A, UH, REPLANTED BUFFER ENHANCEMENT AREA, AND I'LL SHOW YOU WHAT THAT LOOKS LIKE.
SO THIS IS, THIS IS THEIR BUFFER MITIGATION LANDSCAPE PLAN.
YOU CAN SEE IN THE, UH, THE RED, THE ACTUAL ENCROACHMENT INTO THE, UH, STREAM BUFFER.
AND THE DARKER GREEN IS ACTUALLY THE PART THAT THEY'RE PROPOSING TO MITIGATE THE IMPACTS TO THE PUFFER.
SO PART OF THE MITIGATION IS REPLANTING THAT AREA.
SOME OF THE AREA IS SHOWN OFFSITE WITH INNOVATION ACADEMY.
SO IF THAT'S SOMETHING THAT THEY, UM, ARE APPROVED, THEY WOULD HAVE TO MAKE SURE THAT THEY HAVE THOSE AGREEMENTS IN PLACE WITH INNOVATION ACADEMY.
AS PART OF THAT REQUIREMENT, THEY ALSO ARE PROPOSING SOME LIVE STAKES
[00:10:01]
THAT WOULD BE PLACED INTO THE STREAM BANK ITSELF.A LOT OF TIMES AN ERODED STREAM BANK IS ERODED BECAUSE OF LACK OF VEGETATION.
SO THIS WOULD BE PART OF TRYING TO STABILIZE THE EXISTING STREAM BANK BY PUTTING IN SOME LIVE STAKES.
THE CITY STORMWATER ENGINEER BELIEVES THAT THIS REQUEST AND THEN THIS ENCROACHMENT HAS BEEN MINIMAL MINI MINIMIZED BY THE APPLICANT AND CAN BE MITIGATED THROUGH A COMBINATION OF ADDITIONAL RUNOFF REDUCTION, BUFFER ENHANCEMENT AND ALTERNATIVE MITIGATION EFFORTS, WHICH WILL BE DETERMINED DURING THE LAND DISTURBANCE PERMIT PROCESS.
SO WE HAVE RECOMMENDED CONDITIONS AND THOSE WOULD BE FINALIZED AS PART OF THE LAND DISTURBANCE PERMITTING PROCESS.
THE APPLICANT DID ALSO SUBMITTED THE ELEVATIONS, AND YOU CAN SEE SOME OF THE NOTES FROM OUR, UH, DOWNTOWN ARCHITECT.
THEY, IN GENERAL, THEY THINK IT MEETS THE, THE REQUIREMENT FOR THE TUTOR ARCHITECTURE, BUT THEY DID NOTE THAT A FEW CHANGES WOULD NEED TO BE MADE.
THEY'RE, THEY'RE NOT, UM, UH, DIFFICULT CHANGES TO MAKE AND THE APPLICANT IS IN AGREEMENT WITH MAKING THOSE CHANGES IF THEY'RE APPROVED.
THEY ALSO SUBMITTED THE, UH, THE TREE PROTECTION PLAN.
THERE WAS A TREE OF QUALITY THAT WAS FOUND ALONG THE FRONT.
AND THIS IS A, A MAPLE TREE THAT WILL BE INCORPORATED INTO THE PLAN.
ALTHOUGH IT'S NOT A SPECIMEN, IT WAS FOUND TO BE IN GOOD CONDITION.
SO IT SHOULD BE INCORPORATED ALONG THE FRONT.
AND THEN A LOT OF THE TREE SAVE IS EXISTING TREES THAT ARE WITHIN THE BUFFER AS WELL AS ALONG THE EASTERN PROPERTY.
ONLY ONE IS TO BE DEPICTED TO BE REMOVED.
AND THEY HAVE ADDITIONAL 18 TREES OF QUALITY AND SMALLER TREES, WHICH ARE DEPICTED TO BE SAVED.
THEY DO HAVE THE CODE COMPLIANT DRIVEWAY.
SO THERE'S NO VARIANCE REQUESTED AS A PART OF THAT REQUEST.
AND WE LOOKED AT STANDARDS FOR ZONING CHANGES AND, UH, WHETHER THEY MEET THE STANDARDS.
AND PARTICULARLY WE LOOKED AT NUMBER, I LOOKED AT A WHETHER THE ZONING PROPOSAL WILL PERMIT A USE THAT IS SUITABLE.
AND FOR THE ZONING USE AND DEVELOPMENT OF ADJACENT NEARBY PROPERTY, WE FOUND THAT IT'S SUITABLE AS IT RELATES TO THE USE AND DEVELOPMENT OF ADJACENT OR NEARBY PROPERTIES, WHICH ARE SIMILARLY DEVELOPED AS SINGLE FAMILY DETACHED LOTS AND PROPOSED DENSITY IS LESS THAN SURROUNDING PROPERTIES.
AFTER REVIEW AND LOOKING AT THE REVIEW CRITERIA FOR REZONING AND VARIANCE, AND WE FOUND THAT THE PROPOSAL IS CONSISTENT, WE ARE RECOMMENDING APPROVAL WITH SEVERAL CONDITIONS.
AND I SHOULD NOTE THAT ALSO AS PART OF THE CITIZEN PARTICIPATION REQUIREMENTS, THE APPLICANT DID INDICATE THAT THEY NOTIFIED PROPERTY OWNERS WITHIN 500 FEET AND THE REPORT STATES THAT NO PUBLIC COMMENTS WERE RECEIVED.
THEY ALSO ATTENDED THE CZIM ON DECEMBER 10TH, AND THERE WERE NO PUBLIC COMMENTS.
RECOMMENDATION IS TO APPROVE, AND I'LL PUT A COPY OF THE CONDITIONS WITH NUMBER ONE.
THE SITE'S CONSISTENT WITH, WITH THE APPROXIMATELY 1.34 SHALL BE REZONED TO R 15 DEVELOPED SIMILAR TO THE SITE PLANS SUBMITTED TWO DEALS WITH THE ARCHITECTURE.
THREE DENSITY SHALL NOT EXCEED 0.75 DWELLING UNITS PER ACRE.
FOUR, FRONT BUILDING SETBACKS SHALL BE A MINIMUM OF 24 FEET.
UH, FIVE, THE FRONT YARD SHALL BE FRAMED WITH A DECORATIVE LOW WALL METAL FENCING OR HEDGE WITH MASONRY COLUMNS AS APPROVED BY DRB AND SIX.
THE DEVELOPER SHALL IMPROVE THE MILTON AVENUE STREET SCAPE AS FOLLOWS, SIX FOOT PLANTER, PLANT IT WITH STREET TREES AND A EIGHT FOOT SIDEWALK.
AND THEN THE, IN LIEU OF TREE GRATES, YOU MUST HAVE PLANTING ALONG PLANTINGS ALONG THE TREES.
UH, SEVEN MINIMUM FIVE FOOT LANDSCAPE STRIPS SHALL BE PROVIDED ALONG THE EAST AND WEST PROPERTY LINES OF THE 1.34 ACRE PROPERTY IMPLANTED WITH A MIX OF EVERGREEN AND SHADED TREES AS APPROVED BY DRB EIGHT IS, UH, REGARDING FENCES.
NINE UNFINISHED WOOD FENCES AND DECKS SHALL NOT BE VISIBLE FROM THE STREET.
UH, 10 IS REGARDING THE TREE SAFE.
11 PERENNIAL STREAM BUFFER SHALL BE AT LEAST 50 FEET WITH AN ADDITIONAL 25 FEET OF IMPER SETBACK TOTAL OF 75 FEET 12.
TO MITIGATE STREAM BUFFER ENCROACHMENTS DEVELOPER SHALL COMPLY WITH ONE OR A COMBINATION OF THE FOLLOWING MEASURES AS APPROVED BY
[00:15:01]
STAFF A PROVIDE 50% ADDITIONAL RUNOFF REDUCTION OR WATER QUALITY VOLUME ABOVE THE STANDARD CITY REQUIREMENTS.B, PROVIDE BUFFER ENHANCEMENT ON AN AGREED UPON AREA EQUAL TO AT LEAST TWO TIMES THE AREA ENCROACHMENT IMPACT.
THESE CAN INCLUDE REMOVING FALLEN TREES FROM INSIDE THE STREAM BANK THAT COULD BE IMPEDING THE, THE FLOW C OBTAIN ANY NECESSARY STATE AND FEDERAL APPROVALS FOR THE STREAM AND BUFFER IMPACT D OR ALTERNATIVE MITIGATION MEASURES AS APPROVED BY STAFF.
AND THEN FINALLY, 13 H UH, VAC AND SIMILAR EQUIPMENT SHALL NOT BE VISIBLE FROM THE PUBLIC RIGHT OF WAY.
AND THAT CONCLUDES STAFF PRESENTATION.
IF YOU HAVE ANY QUESTIONS, I'LL BE GLAD TO TRY TO ANSWER THOSE.
UM, ANY QUESTIONS FOR MS. COOK? WE HAD THIS APPLICATION BEFORE.
I HAVE, I HAVE ONE QUICK QUESTION ON THE, THE BUFFER MITIGATION YES.
UM, IS TO BE PLANTED, BUT THE AREA IS DEPICTED PRIMARILY ON THE RESIDENTIAL LOT AS WELL AS INNOVATION ACADEMY PROPERTY IS, ARE THEY NOT REQUIRED TO DO ANY MITIGATION IN BETWEEN? YOU'RE SAYING THAT THE MITIGATION THAT THEY'RE SHOWING ON THIS PLAN IN THE DARK GREEN? WELL, ACCORDING TO THIS, THE MITIGATION AREA IS DEPICTED PRIMARILY ON RESIDENTIAL LOT AS WELL AS ON OH, I'M READING THIS HERE.
YEAH, SO, SO THEY, THEY, THEY DO HAVE AN OPPORTUNITY IF THEY WANTED TO WORK AS PART OF THAT BUFFER MITIGATION WITH, UH, INNOVATION ACADEMY, THAT THAT COULD BE PART OF THE MIX OF MITIGATION.
BUT THEY, THEY HAVE TO HAVE SOME ON THE RESIDENTIAL LOT.
UM, KATHY, I HAVE A QUICK QUESTION.
WOULD YOU MIND PUTTING THE RENDERING BACK UP? SURE.
UM, UM, SO, UH, THE WAY I UNDERSTAND IT, THE APPLICANT HAS AGREED TO ADDRESS THE, THE FOUR DIFFERENT COMMENTS THAT ARE ON HERE.
IS THAT WHAT I UNDERSTOOD? THAT'S, THAT'S OUR UNDERSTANDING.
AND, AND OF COURSE THE, THE APPLICANT IS HERE AND THE COMMENTS BASICALLY MATCH, UM, THE CURVATURE OF THE DOOR.
SO INSTEAD OF HAVING THIS POINT AT THE TOP, IF YOU HAVE A ROUNDED TOP, UM, THEY ALSO QUESTION, YOU KNOW, WHY THE DIP HERE WITH THE WALL IN FRONT OF THE COURTYARD.
AND WE LIKE THAT THE, THE COURTYARD IS BEING SCREENED BECAUSE IT IS A, IS A, IT'S A LARGE MOTOR COURT, SO WE LIKE THE ADDITION OF THE BRICK, BUT THE SHAPE IS PROBABLY NOT, UM, COMPLIANT WITH THE TUTOR STYLE.
AND IN OUR PACKET, UM, THE CONS, THE, UM, ARCHITECT FOR THIS RENDERING INDICATED THAT THERE WERE CHIMNEYS AS PART, CAN YOU POINT OUT WHERE THE CHIMNEYS ARE? OUR ARCHITECT IS REQUESTING THAT CHIMNEYS BE ADDED.
BUT ALSO THE, THE ARCHITECT WHO WHO DID THIS RENDERING IN HER COMMENTS INDICATED THAT THERE WERE CHIMNEYS AND, AND, AND WE DON'T SEE THOSE SO WE'LL, WE WILL HAVE TO SEE THOSE PLAINLY FROM THE FRONT VIEW AS PART OF THAT APPROVAL.
AND THIS ALL GOES BEFORE THE DRB EVENTUALLY ANYWAY.
KATHY, I JUST WANNA MAKE SURE, SO WITH ALL OF THAT, YOU'RE, YOU'RE CONFIDENT, UH, THAT ALL OF THE DOWNTOWN CONSULTANTS' COMMENTS AND RECOMMENDATIONS ARE CAPTURED IN CONDITION TWO, I ASSUME? YES.
ANY OTHER QUESTIONS? ALRIGHT, NO FURTHER QUESTIONS.
I ASSUME YOU ARE THE APPLICANT AGAIN, CAN YOU PLEASE COME FORWARD? HI THERE.
TORY YOUNG WITH MADEWELL 18 COMING STREET.
HEY,
UM, ANYWAY, UM, I DON'T KNOW IF THERE'S OTHER QUESTIONS.
I KNOW WE'VE GONE THROUGH THIS BEFORE.
OBVIOUSLY WE'VE GONE TO THE ONE HOME VERSUS THE TWO, UH, WHICH WAS KIND OF THE RECOMMENDATION FROM, UM, THE LAST TIME WE WERE TOGETHER.
[00:20:01]
HEART AND UM, MADE THOSE ADJUSTMENTS AND UM, IT WAS KIND OF A, A LONG SHOT WITH THE, THE THE CLIENT AND UH, THEY'VE ARE ARE INCURRING QUITE A BIT OF ADDITIONAL EXPENSE BECAUSE OF THIS, BUT THEY'RE EXCITED ABOUT THE PROPERTY AND WANNA MOVE FORWARD.HA HAVE, UM, I KNOW YOU HAVE PROPOSED A LOT OF, UH, MITIGATION MEASURES ALONG THE, THE, THE BANK AND THE STREAM COURT, UH, AND THEY ARE ON ONLY EFFECTIVE TO THE EXTENT THEY'RE WELL MAINTAINED.
HOW DO YOU ENVISION THAT MAINTENANCE TO OCCUR IN PERPETUITY? UM, HONESTLY IT WOULD BE TO THE, THE HOMEOWNER TO DO THAT AND THEIR LANDSCAPE CREW.
UM, I PERSONALLY LIVE IN A, UM, AN AREA WHERE WE'VE DONE THE SAME THING AND I HAVE MY FOLKS COME IN AND DO IT BY HAND AND THAT'S WHAT I'LL RE RECOMMEND TO THEM JUST, UH, FROM A MAINTENANCE STANDPOINT, UM, I HAVEN'T HAD ANY ISSUES WITH IT SO FAR.
UM, AND SO I SUSPECT THIS WILL BE VERY SIMILAR, SOME VERY SIMILAR UM, LIKE SHADED AREA AND, UM, LOOK AND FILL.
AND, AND I ASSUME THIS IS PROBABLY A QUESTION FOR KATHY, THAT WE DON'T HAVE ANY MECHANISMS FOR FOLLOWING UP IN MAINTENANCE OF REQUIRED MITIGATION MEASURES, WHETHER THEY ARE WET PONDS OR STRING BANK RESTORATION TYPE PROJECTS.
THAT, THAT'S A GOOD QUESTION BECAUSE I MEAN, WE DO REQUIRE THAT WE HAVE MAINTENANCE AGREEMENTS WHEN IT'S AN ACTUAL STRUCTURE THAT GOES UNDERGROUND.
SO EVEN THE TWO UNDERGROUND STRUCTURES THAT ARE SHOWN ON THIS PROPERTY, WE'LL HAVE MAINTENANCE AGREEMENTS.
SO WE DO NEED TO INCLUDE LONG, LONG-TERM MAINTENANCE YES.
OF THE, UH, THE MITIGATED BUFFER AREA TOO.
AND THAT COULD BE ACTUALLY ADDED AS A CONDITION 14.
UM, DEVELOPER SHALL PROVIDE, OR DEVELOPER SLASH OWNER SHALL PROVIDE LONG-TERM MAINTENANCE AGREEMENT FOR THE MET MITIGATION.
I THINK JILL WOULD REQUIRE THAT ANYWAY, BUT VOLUME IS VERY HIGH.
I THINK JILL WOULD REQUIRE IT ANYWAY, BUT IT'S ALWAYS GOOD TO HAVE, YEAH, THE MAINTENANCE AGREEMENT.
UM, IT'S IMPORTANT 'CAUSE UH, I'VE SEEN THESE MITIGATION MEASURES THEY INSTALLED, BUT OVER TIME THEY DETERIORATE PLANTS DIE.
THIS BANKS, I WROTE IT AT FULL BANK OR IF THE RUNOFF INCREASES.
SO HAVING THAT 'CAUSE THE BASIS FOR, UM, THE VARIANCE OR GRANTING THE VARIANCE IS THAT THERE'S MITIGATION.
IF IT'S ONLY FOR A SHORT PERIOD OF TIME, IT BEATS THE WHOLE PURPOSE.
SO THAT'S WHY I WAS ASKING THE QUESTION.
AND IT'S, AND IT, SO I'VE WATCHED THAT, YOU KNOW, DEVELOP, SO IT TAKES SIX MONTHS TO BUILD A HOUSE, EIGHT MONTHS OR SOMETHING LIKE THAT.
AND THEN WHEN THE HOMEOWNER, THEY, THEY, IF THOSE FENCES ARE IN PLACE TO KEEP, OF COURSE YOU'RE NOT GONNA HAVE PEOPLE WALKING AROUND LIKE YOU WOULD IN THE PARK.
BUT NONETHELESS, I MEAN THE CITY BLOCKED THE AREA OFF AND IT, AND I'M 99% SURE IT WAS FOR A YEAR.
SO THE HOMEOWNER IS GONNA, IS GONNA HAVE TO HAVE SOME KIND OF RESTRICTED ACCESS TO THAT.
SO, SO THERE'S NO WALKING AROUND OR MAYBE EVEN KEEPING ANIMALS OUT A LITTLE BIT OF, OF THE MITIGATION AREA TO KEEP IT GROWING.
CAN I, CAN I ADD SOMETHING TO THAT? UM, WHEN WE DID IT ON MY PERSONAL PROPERTY, THOSE ITEMS WERE ALL ADDRESSED AT THE VERY END AND THAT WAY WE LEFT THE HOMEOWNER IN AS PRISTINE OF A POSITION AS WE POSSIBLY COULD.
AND I THINK THAT'S WHAT WOULD MAKE THE MOST SENSE IN, IN THIS CASE AS WELL, TO DO THAT PRIOR TO CO AT UM, NEARING CO AND THAT WAY IT'S, IT'S FRESH, IT'S COMPLETELY DONE AND THEN WE SET THEM UP FOR SUCCESS THAT WAY.
AND CAN I ADD ONE THING, UM, AS WE'RE TALKING ABOUT THAT I, I DEFINITELY FEEL LIKE IT NEEDS TO STATE THAT IT'S THE OWNER, NOT THE DEVELOPER.
'CAUSE I WILL BE REMOVED FROM IT.
I WON'T, I MEAN THAT WOULD CREATE TRESPASSING IF I'M THE ONE MAINTAINING.
SO IT NEEDS TO BE OWNED OR NOT ME OR I, I THINK THE REQUIREMENT I THINK KATHY CAN HELP WITH THIS IS THE, THE MAINTENANCE AGREEMENT.
UM, HOW IS IT ADDRESSED ATION, UM,
[00:25:01]
OF THE APPLICATION OF ZONING.WE CAN MAKE THAT PART OF THE, UM, LAND DISTURBANCE PERMIT PROCESS.
JUST TO FOLLOW UP ON THE, UH, ELEVATION QUESTION.
SO, UM, YOU ARE COMFORTABLE WITH SUPPORTING THE RECOMMENDATIONS FROM THE DOWNTOWN? YES MA'AM.
I JUST WANNA MAKE SURE THAT I UNDERSTOOD YOU IS WHEN THE SALE OR TRANSFER OF TITLE HAPPENS, IT OUR, YOU'RE NO LONGER RESPONSIVE.
IT WILL, IT WILL HAPPEN PRIOR TO CONSTRUCTION, THE TRANSFER PART.
AND BY THE WAY, THANK YOU FOR COMING BACK ON THIS
UH, AND WHILE KATHY'S HAVING CHAT HERE, THE LITTLE DI IN THE WALL, MY GUESS IS FOR WHATEVER ROOM OR HALLWAY THAT'S GOING ACROSS IN THE BACK IS SO THOSE PEOPLE OR WHOEVER WALKS BY AND ACTUALLY SEE THE ROAD AND TRANSIT, THAT WAS, THAT WAS THE CONCEPT.
YEAH, I I UNDERSTAND THE CONCEPT RIGHT HERE.
YEAH, THE, THE THAT THE NOTCH, THE, I WOULD ASSUME WHATEVER IS BEHIND THERE, BE IT A BEDROOM OR WHATEVER IS SO THEY'RE NOT, WHEN YOU'RE LOOKING OUT YOUR BEDROOM WINDOW, YOU'RE NOT LOOKING AT THE BACK OF THE WALL.
WELL YOU MAY, I'M NOT AN, I'M NOT AN ARCHITECT BUT YEAH.
BUT, BUT WHAT HE MAY PREFER IS THAT ALL OF IT BE LAID LOWER WOULD BE STRAIGHT INSTEAD OF A DIP.
THAT MAY BE MORE YEAH, THAT DIP LOOKS UGLY.
ANY OTHER YEAH, THAT THEY GET PAID THE BIG BUCKS.
UM, ANY OTHER QUESTIONS? ALRIGHT, NO FURTHER QUESTIONS AT THIS TIME.
WE HAVE ONE PERSON IN THE AUDIENCE, UH, WOULD YOU LIKE TO MAKE A COMMENT FOR OR AGAINST YOU? DON'T MIND BECAUSE I DON'T UNDERSTAND.
JANICE TOLU AND 2104 WIN RUSH LANE, ALPHARETTA.
I'M QUESTIONING THE UM, CREEK.
AND THE REASON WHY IS BECAUSE ACROSS FROM THE ORCHARDS WHERE I LIVE, THERE WAS AN, AN A LARGE LOT AND THERE WAS A VARIANCE REQUESTED TO PUT TWO HOUSES THERE.
IT WAS REFUSED, YOU KNOW, AND EVENTUALLY A HOUSE, ONE HOUSE WAS BUILT DURING THE TIME THAT THE COUNCIL WAS HEARING IT, UM, ABOUT THE VARIANCE, AN ENGINEER SPOKE AND SAID WE HAVE A STREAM THERE AND WE ARE WORRIED ABOUT FLOODING.
AND THAT WAS WHY IT WAS DENIED.
HOWEVER, AFTER THE FIRST HOUSE WAS BUILT, ABOUT A YEAR OR SO LATER I'M WALKING IN THE NEIGHBORHOOD AND I'M TALKING TO SOME GENTLEMAN WHO TELLS ME HE HAD HIGH WATER IN HIS YARD AND I THINK SOMEBODY HAD A LITTLE WATER IN THEIR GARAGE, BUT THE CITY CAME AND HAD TO MITIGATE IT IN SOME KIND OF WAY, WHETHER THEY DUG THE DI THE DITCH MORE OR WHATEVER.
ANYWAY, I'M QUESTIONING THIS BECAUSE I'M ON THE BOARD OF THE ALPHARETTA HISTORICAL SOCIETY AND WE LOVE THE LOG CABIN AND THERE'S A PARK THERE.
IF THERE IS WATER, TOO MUCH WATER, IT WOULDN'T FLOOD THE LOG CABIN, BUT PARK WOULD BE, AND I DON'T KNOW HOW THAT WOULD BE MITIGATED.
I'M FROM LOUISIANA AND I WORRY ABOUT HIGH WATER.
SO I JUST, I I JUST QUESTION THIS AND HOPE THAT IT WORKS, BUT I'M, I'M JUST SPEAKING MY MIND TO YOU TODAY.
WE REALLY APPRECIATE YOU COMING.
AND THANK YOU FOR YOUR CONCERN AND THANK YOU FOR YOUR SERVICE AND UM, AND UH, THE UM, THE CITY HAS LOOKED AT THE APPLICATION AND UH, WHEN IT CAME BEFORE US BEFORE WE RECOMMENDED DENIAL AND THE APPLICANT WITHDREW IT AND CAME BACK WITH A DIFFERENT LOCATION.
AND IT'S A REQUIREMENT THAT YOU CANNOT INCREASE THE RATE OF FLOW OF STORM WATER DOWNSTREAM OF WHERE YOU'RE BUILDING.
AS YOU ALREADY KNOW, IS THERE IS WHAT WE CALL THE LIFE DISTANCE PERMIT PROCESS OR WELL, AS I SAID, I'M CONCERNED ABOUT THIS.
[00:30:01]
I CAME BECAUSE I WANTED TO SEE EVERYTHING.BUT I MUST TELL YOU, I'M NOT AN ENGINEER.
MY HUSBAND WAS, BUT ANYWAY, THANK YOU VERY MUCH FOR LETTING ME SPEAK.
BUT I DO WORRY ABOUT, YOU KNOW, IF, IF WE DO HAVE THE TORRENTIAL RAIN AND WHERE I LIVED ONE TIME, WE HAD THE A HUNDRED YEAR FLOOD TWO YEARS IN A ROW.
SO WE CAN'T COUNT ON ALWAYS HAVING MILD WEATHER AND ONE DAY WE ARE GOING TO GET THE TORRENTIAL RAIN AND THAT STREET IS GONNA BE FLOODED AND WHERE ELSE THE WATER GOES.
ANYWAY, THANK YOU FOR LETTING ME SPEAK.
AND WE'LL LET THE APPLICANT, I DON'T WANT TO SPEAK FOR HIM.
HE CAN EXPLAIN THE MEASURES THAT THEY ARE TAKING TO MITIGATE ANY POTENTIAL FUTURE INCREASE IN FLOW AND FLOODING FOR THAT MATTER TO THE EXTENT, UM, 'CAUSE DESIGN CRITERIA CHANGES, YOU CANNOT MITIGATE A HUNDRED YEAR FLOOD, BUT THERE IS A REQUIREMENT FROM THE CITY AS TO HOW TO REDUCE THAT FLOW AND I WILL LET THE APPLICANT RESPOND TO THAT IN A MOMENT.
THANK YOU VERY MUCH FOR LETTING ME SPEAK AND THANK YOU FOR YOUR COMMENT.
YES, THANK YOU FOR COMING OUT.
UM, WE HAVE GONE THROUGH, UM, GREAT MEASURES.
UM, WE'RE USING A VERY SIMILAR APPROACH TO WHAT WE WERE, UM, UM, CONSIDERING, UM, FOR THE TWO HOMES WITH THE ONE, UM, WE ARE DOING TWO TIMES THE AMOUNT OF RUNOFF AND I'M NOT A SCIENTIST AND I'M NOT A
UH, THE GOOD NEWS RELATED TO THE LOG CABIN, I'M PRETTY SURE THAT'S UPSTREAM FROM THIS PROJECT.
SO FROM THE STANDPOINT OF THE CABIN, I GREW UP IN THE AREA SO I'M VERY FAMILIAR WITH THE CABIN AND HAVE UM, BEEN IN AND AROUND IT, UM, MANY TIMES.
AND SO I THINK IT'S A, A VALUABLE PIECE TO THE CITY AND, UM, ONBOARD WITH THAT.
BUT UM, I FEEL CONFIDENT THAT WE'VE MADE THE ADJUSTMENTS WE NEED TO MAKE.
ALRIGHT, I HAVE A QUESTION FOR YOU KATHY, JUST FOR ON THE SAME TOPIC.
UM, WITH RESPECT TO THE 50% ADDITION OR RUNOFF REDUCTION, WHEN THEY GO THROUGH THE LDP PROCESS, ARE THEY REQUIRED TO DO ANY TYPE OF HY HYDROLOGY STUDY? WHETHER IT'S A MODEL OR JUST CALCULATION BASED? YES, THEY WILL HAVE TO HAVE THE HYDROLOGY STUDY, ALL OF THAT BEFORE UH, WE ISSUE THE LAND DISTURBANCE PERMIT.
SO THEY WILL HAVE TO KNOW WHICH MITIGATION, UM, ROUTE THEY'RE TAKING AND UM, OUR STORMWATER ENGINEER WOULD HAVE TO APPROVE THAT AS WELL AS LOOKING AT THE PRELIMINARY DRAFT MAIN LONG-TERM MAINTENANCE AGREEMENT.
AND THEY HAVE TO REDUCE IT FURTHER BY 50%.
FROM WHAT THERE'S A CONDITION, THERE'S ALSO THE CONDITION WITH THE 50% REDUCTION.
THERE IS A FACT OF SAFETY AND I'M ASKING THIS FOR THE BENEFIT OF RIGHT.
AND THAT'S IN ADDITION TO OUR EXISTING REQUIREMENTS.
SO THESE ARE ABOVE AND BEYOND REQUIREMENTS.
ANY FURTHER QUESTIONS? ALRIGHT, WE'VE, WE'VE HEARD FROM, UH, THE STAFF, FROM THE APPLICANT FROM GUEST TONIGHT.
UM, I'M GONNA TELL THIS OVER TO THE BOARD FOR MOTION AND OR FURTHER DISCUSSION.
WAS THERE GOING TO BE AN AMENDMENT A NUMBER 14 HERE? OKAY, CAN YOU, CAN YOU GO BACK A LITTLE BIT AND REPEAT WHAT YOU SAID? WHAT DID YOU SAY? YES, IS THERE GOING TO BE A NUMBER 14 AMENDMENT? OH, OKAY, GOTCHA.
I I HOPE SOMEBODY TOOK NOTES AS TO WHAT, TO WHAT.
I THINK I SAW ME OR SHOULD WRITE SOMETHING
WELL, I WILL, UM, I WILL MAKE A RECOMMENDATION, UH, TO APPROVE Z DASH 25 DASH 15 SLASH V DASH 25, DASH 34 MA MADEWELL SLASH MILTON AVENUE, SUBJECT TO THE, UH, 13 CONDITIONS, UH, AS READ BY MS. COOK AND ADDING CONDITION NUMBER 14.
UM, AND I MIGHT NEED SOME HELP IN, IN WORDSMITHING IT.
UM, NUMBER 14, DEVELOPER SLASH OWNER WILL AGREE TO DEVELOP A LONG-TERM, UM, MAINTENANCE AGREEMENT FOR THE, UH, MITIGATION OF THE STREAM BUFFER.
IS THAT, UH, KAREN OR COMMISSIONER RICHARD? I JUST, ONE EDIT I SUGGEST IS I THINK WE WANT TO TAKE OUT DEVELOPER, THE OR DEVELOPER BECAUSE THE OWNER OF THE PROPERTY WILL HAVE LEGAL RESPONSIBILITY FOR THE PROPERTY AT THAT POINT WHERE THE MAINTENANCE PLAN COMES INTO PLAY.
UH, I'LL DEFER TO MS. COOK ON THAT.
[00:35:03]
I THINK IT'S BEST TO INCLUDE BOTH AND JUST PUT DEVELOPER SLASH OWNER.THAT WAY WE HAVE A CLEAR UNDERSTANDING FROM THE BEGINNING AND THEN IT, IT WILL TURN OVER TO THE OWNER.
BUT IN THE BEGINNING UNTIL THEY ACTUALLY CLOSE ON IT, IT'S THE DEVELOPER'S PROBLEM.
I, I AGREE THE, THE BURDEN THAT IS IS PUT ON THE DEVELOPER CURRENTLY, BUT IT'S GONNA BE TRANSFERRED TO THE OWNER TO MAKE SURE HE DOES THAT.
THE MOTION HAS BEEN MADE PROPERLY SECONDED.
ANY FURTHER DISCUSSION? APPEARING ON OR IN FAVOR? MOTION CARRIES UNANIMOUSLY.
IT'S GONE BEFORE COUNCIL ON JANUARY THE 26TH.
ARE THERE ANY OTHER MATTERS THAT THE BOARD WANTS TO ADDRESS OR DISCUSSED BEFORE WE ADJOURN THE MEETING? HEARING NONE.
THE MEETING IS ADJOURNED AND WE'LL SEE YOU BACK IN IN FEBRUARY.
THANK YOU FOR THIS, UH, TALENT.