[A. Call Meeting to Order ]
[00:00:09]
>> GOOD EVENING AND WELCOME TO THE APRIL 21ST, 2026 MEETING OF
[B. Pledge of Allegiance]
THE CARMEL PLAN COMMISSION. PLEASE JOIN US AND RECITING THEPLEDGE OF ALLEGIANCE. >> THANK YOU VERY MUCH, MR.
[C. Roll Call]
SECRETARY, PLEASE CALL THE ROLE.>> JEFF PHILBRICK. >> PRESENT.
>> PRESENT. SUSAN WESTERMEIER?
[D. Declaration of Quorum]
>> PRESENT. >> THANK YOU VERY MUCH WE HAVE QUORUM M.ED. LIKE TO WELCOME COUNCILOR TERESA AYRES SHE IS OUR NEW CITY COUNCIL APPOINTMENTS IN WE ARE SO HAPPY TO HAVE YOU, SO THANK YOU FOR JOINING US TONIGHT PRAY SHE WIL BE WITH US CONTINUOUSLY, SO THANK YOU SO MUCH.
WE ARE THRILLED TO HAVE YOU. >> THANK YOU.
AND VERY HAPPY TO BE HERE. >> NEXT UP ON OUR AGENDA ITS
[E. Approval of Minutes]
APPROVAL OF THE MARCH 17 MINUTES , DO HAVE A MOTION TO>> THANK YOU VERY MUCH. ALL OF THOSE IN FAVOR OF APPROVING OUR MINUTES PLEASE SA AYE.
[F. Communications, Bills, Expenditures, & Legal Counsel Report ]
>> AYE PRIDE. >> COMMUNICATION BILLS AND LEGA COUNSEL REPORT SO I WILL TURN I OVER TO OUR LEGAL COUNSEL.
TO GET THERE WILL BE JUST REQUEST FOR THE SUSPENSION OF ROLES IN THE NEXT ITEMS I CAN ADDRESS IT NOW OR IN THE NEXT
GREAT. >> WE CAN HANDLE IT NOW.
>> THERE IS A REQUEST TO SUSPEN THE RULES FOR ITEM NUMBER THREE WENT TO COMPLY WITH THE STATE LAW REQUIREMENTS FOR NOTICE OF PUBLICATION PUBLISHED AND 15 DAYS, HOWEVER OUR OWN RULES REQUIRE 21 DAYS. AM NOT SURE WHY THERE IS SUCH A BIG. SO WE REQUEST THE RULES BE SUSPENDED TO CONSIDER THIS ITEM TONIGHT.
>> DO I HAVE MOTION TO SUSPEND SO WE CAN HURT IT HERE AT HIM FOR SHORT-TERM RESIDENTIAL AMENDMENTS?
ALTHOUGH SOME FAVOR SAY AYE. >> AYE.
>> THE RULES ARE SUSPENDED SO W WILL YOUR THAT DOCKET THIS
[G. Reports, Announcements & Department Concerns ]
EVENING. >> THANK YOU, THAT'S ALL I HAVE
DRIED. >> UP NEXT, REPORTS, ANNOUNCEMENTS AND DEPARTMENT CONCERNS.
KKR WILL JUST GIVE A LITTLE UPDATE FROM THE LAST COMMITTEE MEETING. THE DEVELOPMENT PLAN FOR THE U.S. FOR 21 WCB DEVELOPMENT WAS TABLED TILL MAY 5TH SIEGEL HERE THAT AT THE NEXT AND THE PLAYHOUSE BRIDAL EDITION WAS APPROVED AT THE LAST COMMITTEE MEETING GREAT THAT'S ALL THEY
>> THIS BRINGS US TO OUR PUBLIC HEARING PORTION OF OUR MEETING AND I KNOW THAT SOME OF YOU ARE FAMILIAR WITH OUR RULES AND PROCEDURES, BOTH THOSE OF YOU HERE FOR THE FIRST TIME I WILL REVIEW THEM BRIEFLY. EACH PETITIONER WILL HAVE 15 MINUTES TO PRESENT THEIR PETITION AFTER THAT, I WILL OPE IT UP TAKE PUBLIC COMMENTS. THERE WILL BE 20 MINUTES ALLOTTED FOR PUBLIC COMMENT YOU MAY SPEAK IN FAVOR OR IN OPPOSITION OF THE PETITION AFTE WHICH THE HAVE AN OPPORTUNITY FOR REBUTTAL. AFTER A BUBBLE ATTORNMENT OVER TO DEPARTMENT STAFF UPON CONCLUSION OF THE COMMENTS THE PUBLIC HEARING PORTION WITH THE MEETING IS CLOSED AND FROM I WILL OPEN IT UP TO OUR PLAN COMMISSION FOR COMMENTS, QUESTIONS, DIALOGUE. WITH THAT WE WILL MOVE ONTO EAC
[2. Docket No. PZ-2026-00050 SW: Eyas Nest Stub Street Connection Waiver. ]
OF THE PETITIONS FOR FIRST ONE HAS BEEN TABLED, SO WE'RE MOVIN ONTO ON TO THE SECOND TWITCHES DOCKET NUMBER PZ-2026-00050 SW THE ES NEST STUB STREET COMMISSION WATER.IT'S PART OF THE SUBDIVISION. FOR SITE IS LOCATED AT 1414 EAS 116TH STREET IN IS ZONED R1 RESIDENTIAL.
IT'S FILED WITH ANDREW BAXTER O BEHALF OF THE OWNER.
I WILL TURN IT OVER TO THE PETITIONER TO FOR THEIR PRESENTATION. PLEASE INTRODUCE YOURSELF AND
WELCOME. >> GOOD EVENING AND THANK YOU.
MY NAME IS KYLE HAWKINS, I AM THE PETITIONER AND THE OWNER IN ANDREW BAXTER FILED THIS ON MY BEHALF.
THANK YOU, LADIES AND GENTLEMEN OF THE COUNCIL AND COMMITTEE FO GIVING ME THE OPPORTUNITY TO SPEAK AGAIN TONIGHT.
[00:05:04]
FOR THOSE, JUST TO REMIND COME OUT WE WERE HERE LAST MONTH I SEE A COUPLE OF PEOPLE THAT ARE NEW FROM LAST MONTH.WE TALK TO EVERYTHING IN DECIDE A WAIVER APPLICATION WOULD BE THE RIGHT PROCESS SEEKING A WAIVER FOR A RIGHT-OF-WAY FOR STUB STREET CONNECTION. THE PROPERTY IN QUESTION AT 141 EAST 116TH STREET IS HERE BASICALLY THE SOUTH BORDER IS 116TH STREET, THE NORTHBOROUGH DIRT BACKS UP TO THE INDUSTRIAL BUILDING OWNED BY RIGHT OF THE CARMEL DRIVE ON THE EAST SIDE I THE TRACE SUBDIVISION AND ON TH WEST SIDE AS THE ROAD NEEDS COMMON SUBDIVISION FOR REFERENCE , FOR THE COMMITTEE MEMBERS, I LIVE ABOUT RIGHT HERE .
NEIGHBORING THE LOTS. JUST AGAIN, I'LL BE VERY BRIEF AND NOT TAKE UP THE WHOLE TIME SINCE WE'RE JUST REVISITING THI AS THE WAIVER REQUEST, ESSENTIALLY, I HAVE LIVED HERE FOR 11 YEARS IPO IS LEFT THE PROPERTY, LOVE THE WILDLIFE IN THE NATURE INTO EVERYTHING THAT IT REPRESENTS ABOUT A GREEN TRE CARMEL. WHEN OUR NEIGHBOR, JENNIFER HAD PUT THE LAPTOP FOR SALE, I HAD BEEN SPEAKING WITH A COUPLE OF MY NEIGHBORS AND MY SUBDIVISION FOR A COUPLE OF YEARS ACTUALLY ABOUT WHAT DO WE WANT TO SEE OU OF THAT PROPERTY, AND WHEN THIS SALE SIGN WENT UP, IT WAS TIME TO PUT UP OR WALK AWAY FROM IT.
SO WE TALKED IT THROUGH, BROUGH THE PROPERTY AND THE INTENT IS TO CREATE A MINOR SUBDIVISION A THE REQUEST SAYS AND BASICALLY TAKE ONE LOT AND TURN IT INTO FIVE.
AGAIN I LIVE RIGHT HERE, THIS I THE SOUTH.
IT SO LONG THAT IT'S BROKEN UP SO THIS IS LOT ONE, THE SOUTH ONE THAT I BORDER, NUMBER TWO, LOT FOUR, THAT THE DISHES BORDE AND BOB LOT FIVE, SO THE INTENT IS TO SPLIT THAT UP AND EXTEND EVERYONE'S BACKYARDS. THE REASON FOR TONIGHT AND THE POINT IN QUESTION IS BASICALLY WHERE THIS RED BOXES.
THE CITY HAS REQUESTED A RIGHT-OF-WAY CONNECTION TO CONNECTION THOSE TWO STUB STREETS, YOU CAN SEE THERE IS A LITTLE BIT OF STUB STREET HERE AND WHOEVER'S INFINITE WISDOM T HAVE DONE IT AT FAIR GREEN TRAYS , IT IS OFFSETS ON THIS STUB STREET HERE. AGAIN, I WILL KEEP MY COMMENTS BRIEF, I THINK BETWEEN LAST MEETING IN THIS MEETING AND ALL MY NEIGHBORS LOVE HAVE SPOKEN AND SENT E-MAILS, IT IS TOO QUIET NEIGHBORHOODS, BOTH DEAD-END NEIGHBORHOODS, BOTH HAVE NO OUTLET DEVON SIGN ON TH FRONT WHEN YOU TURN MEN.
THE NEIGHBORHOODS HAVE BEEN QUIET FOR A 26 YEARS OR LONGER.
WE KNOW ALL OF OUR NEIGHBORS SPRAYED OUR KIDS PLAY OUTSIDE AND TRAFFIC IS AT A MINIMUM BECAUSE PEOPLE SEE THAT THERE I NO OUTLET SIGN. I UNDERSTAND AND RESPECT SOME O THE COMMENTS FROM THE STAFF ABOUT WHAT'S SOME OF THE POTENTIAL ACHIEVEMENTS MIGHT BE FOR CONNECTING THOSE TWO STREETS , BUT I THINK IT COMES DOWN TO WHAT I WOULD ASSESS COMMITTEE IT COMES DOWN TO WE ALWAYS DO THIS, IT'S IN THE YOU DO, SO THAT'S WHAT WE DO. AN I RESPECT THAT.
RULES NEED TO BE RULES AND PEOPLE NEED TO FOLLOW THEM AND THAT IS WHAT HAS MADE CARMEL WONDERFUL CITY.
THAT BEING SAID, THIS PROCESS AND THIS COMMITTEE, AND THE REASON I'M BEFORE YOU, THE REASON THIS EXIST, IF IT WASN'T JUST THE ANSWER THAT RULES IS RULES I WOULDN'T HAVE AN OPPORTUNITY TO STAND BEFORE YOU TODAY AND ASK FOR A WAIVER.
I PLEAD TO THE COMMON SENSE AND I GUESS THE SUPPORT OF THE COMMITTEE TO LOOK AT IT AND SAI THIS TO DEAD-END STREETS, IT'S MINOR LOT SPLIT JUST SO THAT AL OF OUR NEIGHBORS KIM BASICALLY HELP IN THE FINANCIAL COST OF BUYING THE LOT.
THERE IS NO BUILDING BEING PROPOSED AT ANY TIME NOW OR IN THE FORESEEABLE FUTURE FROM ANY OF THE PEOPLE ACQUIRING THE OTHER LOTS FOR ME. TO HAVE THEM PHYSICALLY CAN'T B BECAUSE THEY ARE LANDLOCKED AND BEING ABSORBED INTO THE EXISTIN LOT THAT THE OWNER LIVES IN. SO FOR THAT REASON, AND I'M HAPPY TO ANSWER QUESTIOS LATER AFTER THE PUBLIC PORTION, BUT FOR THAT REASON I HUMBLY ASK YO GUYS CONSIDERATE AND REALIZE THAT THERE ARE NO CARS THAT ARE GOING TO REALLY DRIVE THROUGH
[00:10:01]
THERE, IT'S A ROAD THAT'S NOT BEING USED.THANK YOU. >> THANK YOU VERY MUCH SPRAYED BY A SHOW OF HANDS HOW MANY PEOPLE WOULD LIKE TO SPEAK ON THIS PETITION? OKAY.
THAT WE WILL GO ELIJAH AND ALLO THREE MINUTES PER PERSON IS OF AS IF IF ONE PERSON COULD BE COME UP AND THE NEXT PERSON COULD BE READY TO GO THAT WOULD BE GREAT.
PLEASE GO AHEAD AND THE TIMER WILL SHOW YOU YOUR TIME.
HE WILL HAVE THREE MINUTES. WHEN IT'S YELLOW THAT IS YOU'RE RUNNING YOU'RE ABOUT TO RUN OUT OF TIME.
AND IF IT'S RED, THAT WILL BE YOUR CUE TO WRAP THINGS UP RIGH PLEASE INTRODUCE YOURSELF AS YO COME UP.
I AM PAUL ARVO, I LIVE AT 1536 GLEN MANOR PORT AND THE FAIR GREEN TRAY SUBDIVISION. MY WIFE IN I ARE HERE TO SPEAK ON IN FAVOR OF THE WAIVER THAT IS BEING PROPOSED.
THERE HAS BEEN 0 DOCUMENTS A DEFICIT IN TERMS OF TRAFFIC FLOW , EMERGENCY FACILITIES, ET CETERA OVER THE 26 YEARS WE HAV LIVED IN THAT NEIGHBORHOOD. WE WERE THE FIRST PEOPLE TO BUY AND MOVE INTO, SO THIS SOUNDS LIKE IT IS A FIX CANFORA PROBLE INSTEAD OF A PROBLEM THAT NEEDS TO BE FIXED.
WITHOUT SIGNIFICANT CENTERLINE OFFSET, SO THAT IS A BASIC AAS GEO SAFETY GUIDELINE VIOLATION, SO THAT WOULD SPEAK TO THE TECHNICAL SIDE OF THE ENGINEERING DEPARTMENT WHY THIS STUB STREET CONNECTION SHOULD B EVALUATED IN A NONPOSITIVE WAY.
FLOOR WITH A CUL-DE-SAC NEIGHBORHOODS VERSUS DRIVE-THROUGH NEIGHBORHOODS, THERE IS NEGATIVE CRIME STATISTICS THAT ARE ASSOCIATED WITH THAT, NOT TO MENTION THAT THE OFF-SITE WHICH CREATES A VERY BAD LINE OF SIGHT WHICH MAKES IT GREAT FOR PEOPLE TO HIDE A CAR AS THEY HOP THE FENC INTO THE COMMERCIAL PROPERTY OR DECIDE TO BURGLARIZE FOR EITHER OF THE TWO NEIGHBORHOODS. BEYOND THAT, PERPETUAL COST.
WE ARE ADDING STORM WATER DRAINS , WHERE ADDING TARMAC, WE'RE EBBING SNOW REMOVAL, THES ARE ALL COSTS THAT US THE TAXPAYER HERE AND UP CARRYING, SO JUST FROM A FISCAL CONSERVATIVE AND FISCAL RESPONSIBILITY STANDPOINT FROM THE STUB STREET CONNECTON THAT NOBODY WANTS, IT MAKES NO SENSE TO SPEND CITY MONEY AND TAXPAYE MONEY ON THAT.
LAST BUT NOT LEAST, TREE CITY USA, WE DO HAVE A DESIGNATION FOR PART OF THAT, SO AGAIN, FOR A STUB STREET CONNECTION THAT I UNDESIRED THAT REMOVES NATURAL HABITATS ADD STORMWATER CHALLENGES, IT JUST GOES COUNTE TO THE DESIGNATION THAT CARMEL HAS. AGAIN, REASON NOT TO BE IN SUPPORT OF THE STUB STREET CONNECTION IN IN SUPPORT OF THE WAIVER. WITH THAT HOPEFULLY WE CAN TREA THIS AS A RULE NOT FOR FORCING THE CONNECTION, BUT A RULE FOR EVALUATING THE SITUATION AND AS THE ENGINEERING DEPARTMENT IS THAT, HOPEFULLY THEY WILL AGREE WITH WHAT WE JUST STATED THAT I MAKES NO SENSE. THANK YOU FOR YOUR TIME.
>> THANK YOU VERY MUCH. OF AMERICAN FRONT PROBABLY THE OLDEST PERSON IN THE ROOM THAT MAKES ME THE WISEST.
PRESENT COMPANY EXCEPTED. I JUST WANT TO SAY I'VE NEVER MET KYLE HAWKINS, BUT I APPLAUD HIM FOR HIS INITIATIVE, HIS GOO SENSE AND WHAT HE'S DOING. I THINK IT'S ABSOLUTELY TERRIFI TO KEEP THAT IT'S NO LONGER ON THE SCREEN, BUT TO KEEP THAT AREA IN PRISTINE NATURAL HABITATS IS REALLY A GOOD THING.
YOU PEOPLE ARE CONSTANTLY BEING ASKED TO MAKE EXCEPTIONS SO DEVELOPERS CAN COME IN, DEVELOP AND BUILD MR. HAWKINS IS SAYING LEAVE THIS PROPERTY ALONE THERE IS NO REASON, NO CRITICAL REASO AND NO DESIRE ON THE PART OF ANYBODY TO PUT A ROAD THROUGH THAT AREA CONNECTING THE TWO SUBDIVISIONS.
[00:15:01]
IT'S NOT NECESSARY IN THAT'S NO WANTED.WE NEED MORE GREEN SPACE IN CARMEL, NOT LESS AND YOU WOULD BE SAVING THE TAXPAYERS SOME MONEY.
>> THANK YOU. THANK YOU FOR YOUR CONCERN.
>> THANK YOU VERY MUCH. >> GOOD EVENING, I AM DEBORAH PICKETT, THE PRESIDENT OF ASSOCIATION AND I'M HERE TO SPEAK IN FAVOR OF THE WAIVER. THERE ARE A COUPLE POINTS I WOULD LIKE TO BRING TO YOUR ATTENTION I THINK ARE IMPORTANT IN CONSIDERING THIS WAIVER. ONE IS THAT OVER THE YEARS THAT I HAVE SERVED IN DIFFERENT CAPACITIES ON THE BOARD, I HAVE HAD MANY CONVERSATIONS WITH MR. THOMAS OF STORMWATER MANAGEMENT. WE HAVE CONSTANTLY TALKED ABOUT THE DRAINAGE SYSTEM HERE THAT THIS AREA RIGHT HERE, THAT MR. HAWKINS HAS PURCHASED IS ALSO AT A HIGHER ELEVATION AND SO BY REMOVING TREES, THEY ARE NOW CREATING A POTENTIAL DRAINAGE ISSUE THAT WOULD NEED TO BE ADDRESSED, SO THAT IS A VERY IMPORTANT CONSIDERATION. THE SECOND ONE THAT IS IMPORTAN HAS TO DO WITH THE FACT THAT THIS IS A BEAUTIFUL TREE CANOPY.
CARMEL DISTINGUISHES ITSELF OFTEN AS BEING ONE OF THE MOST TREE FRIENDLY CITIES IN THE COUNTRY, SO TO BE ABLE TO CONTINUE TO PRESERVE THIS PROPERTY I THINK WOULD BE A TREMENDOUS PLUS TO THE NEIGHBORHOODS AND RELATE TO THE SAFETY, THIS PROPERTY ALSO IS A LITTLE WEST OF RANGE LINE ROAD IN YOU KNOW THERE'S A LOT OF CONSTRUCTION GOING ON THERE.
THIS CONTINUES IN THE TREE CANOPY CONTINUES TO SERVE TO CAPTURE SOME OF THE EMISSIONS FROM THE CARS IN THEN THE OTHER THING THAT I WANT TO REMIND ALL OF YOU IS THAT THIS WAS REALLY QUITE EXTRAORDINARY PROCESS BETWEEN THE SELLER OF THE PROPERTY, JENNIFER SHAW AND THE FIRE AND KYLE HAWKINS IN THE SENSE THAT SHE WAS WILLING TO MAKE A COMPROMISE AND SOLD THIS PROPERTY FOR LESS MONEY WITH TH UNDERSTANDING THAT IT WOULD BE USED AND KEPT ALMOST AND RESTORED BACK TO THE PRISTINE STATE. HOW OFTEN TO SEE THAT KIND OF COLLABORATION? THIS IS SOMETHING I THINK WE SHOULD CELEBRATE AND I JUST WAN YOU TO KNOW AS THE PRESIDENT OF THAT ROSEMEAD COMMONS ASSOCIATION, THERE IS TREMENDOU SUPPORT IN FAVOR OF THIS WAIVER AND THAT WE HOPE THAT YOU WILL CONSIDERATE AND EXTENDED. THANK YOU SO MUCH.
>> THANK YOU VERY MUCH. >> MY NAME IS KEVIN BOWMAN AND LIVE RIGHT THERE IN FAIR GREEN TRAYS, I AM TREASURER OF THE HOA , WE HAVE ONE OTHER HOA BOARD MEMBER HERE AND ONE FORMER BOAR MEMBER HERE. I'M NOT OFFICIALLY SPEAKING FOR THE HOA, BUT I GUARANTEE EVERYONE ON THE HOA COMMITTEE O ON THE BOARD IS IN FAVOR OF THI WAIVER.
AND LIVING RIGHT THERE, THE GENTLEMAN THAT LIVES RIGHT THER NEXT TO THE WOODS IS 90 TO YEAR OLD AND HE GOES WALKING TWICE A DAY WITH ROBIN HERE AND SOMETIMES ON THE STREETS, SOMETIMES ON THE SIDEWALK BECAUSE THERE ARE STILL SOME BUMPS IN THE SCI-FI PERIODICITY IS DOING A GOOD JOB IMPROVING HAD IT, BUT SAFETY OF THAT NEIGHBORHOOD PLAY BEING ONE IN AND ONE OUT, EVERYTHING I'VE RESEARCHED A CUL-DE-SAC NEIGHBORHOOD IS SAFER THAN THROUGH NEIGHBORHOOD AND CONNECTING THESE TWO MAKES IT EASIER TO GET IN AND OUT OF THE NEIGHBORHOOD FOR BAD REASONS. SO WITH THE BEAUTY AND THE NATURE INTO TREES THERE, AND KYLE, I REALLY RESPECT WHAT HE' DOING ON THIS TO TRY TO PRESERV ALL OF THESE TREES AND THE CONVERSATION WE HAD WHEN I WALKED IN WAS DID YOU SEE THE DEER WALKING THROUGH OUR NEIGHBORHOOD? I SEE THEM AND MY BACKYARD REGULARLY AND THEY GO THROUGH THE REST OF THE NEIGHBORHOOD. THE MORE CONCRETE, THE LESS NATURE THE LESS AREA THEY HAVE TO LIVE.
WHATEVER YOU CAN DO, THIS WAIVE IS SUPPORTED BY EVERY PERSON IN THE NEIGHBORHOOD THAT I HAVE SPOKEN TO AND YOU CAN SEE WE HAVE A REPRESENTATION HERE OF THE NEIGHBORHOOD SAYING WE DON' WANT THIS STREETS GOING THROUGH. THANK YOU FOR THE CONSIDERATION.
WE APPRECIATE IT. >> IS THEIR ANYBODY ELSE THAT WOULD LIKE TO SPEAK? KYLE, DO YOU HAVE ANY COMMENTS
YOU WANT TO OFFER IN REBUTTAL? >> THANK YOU.
NO FORMAL REBUTTAL. THE ONE THING THEY DID JUST
[00:20:03]
REMIND ME OF, THE WILDLIFE PART AGAIN, I WANT TO BE RESPECTFUL OF ALL YOUR TIME, AND THE NEXT DOCKET AFTER THIS.I COULD GO ON AND ON ABOUT THE NATURE SIGHT OF IT, BUT NOT EVERYONE IS IT NATURE TREE HUGGING HIPPIE, I'M NOT NATURE TREE HUGGING HIPPIE, I JUST RESPECT NATURE IN I THINK IT'S IMPORTANT. I WASN'T NECESSARILY GOING TO SHARE THE STORY, BUT THE COMMEN ABOUT THE DEER, TWO DAYS AGO I WAS THINKING ABOUT WHAT AM I GOING TO SAY TO THIS COMMITTEE TO CONVINCE THEM TO DISAGREE WITH THE CITY STAFF AND APPROVE THE WAIVER. I WENT OUTSIDE, I WENT ON A WAL ABOUT MY FAMILY IN I WE WALK UP AND DOWN THE PROPERTY QUITE A BIT NOW THAT IT'S CLEARED OUT AND YOU CAN ACTUALLY GET THROUG FROM THE FRONT TO THE BACK WITH A LITTLE BIT OF A PATH IN OVERHEAD AS A BALD EAGLE. GIANT BALD EAGLE.
IS OF WELCOME YOU ONLY SEE THEM A FEW TIMES AND THEN IN COMES A HAWK. IT STARTS PECKING AT THE BALD EAGLE IN DRIVING THE BALD EAGLE AWAY.
I THOUGHT WOW, THERE'S A HAWK A THIRD OF THE SIDE OF THE BALD EAGLES AND GET OUT OF MY AREA. IT WAS A BEAUTIFUL MOMENT AND NATURE WHETHER YOU CARE ABOUT THE MAJOR PART OF IT OR NOT, I THOUGHT IT INTERESTING THE COMPANY I SET UP TO BUY THIS IS LITERALLY CALLED BABY HARKNESS. BETWEEN ALL THE ANIMALS LETTER THAT ARE OUT THERE I COULD RATTLE OFF DIFFERENT SPECIES THAT COME OUT EVERY NIGHT. TO GET TO SEE THE DEER THAT WALKED BY ALL THE TIME. AGAIN, I WOULD JUST I WOULD JUS ECHO WHAT MY NEIGHBOR SAID AND REITERATE THAT WHILE YES, THERE ARE A FEW BULLET POINTS OF THINGS THAT CONNECTIVITY TO CARMEL IS IMPORTANT AND HAS DON AND THE ROUNDABOUTS AND BEING ABLE TO GET FROM ONE END OF THE CITY TO THE OTHERS, THOSE ARE ALL FANTASTIC THINGS IN WE ALL LOVE LIVING HERE.
THIS IS NOT A GIANT SUBDIVISION IT IS ADDING 30-50-70 HOMES AND 100 CARS AND MULTIPLE EXITS AND PEOPLE NEED TO BE CONNECTED TO ALL OF THOSE THINGS. IT'S JUST SPLITTING UP THE LAND.
>> WITH THAT, I WILL GIVE YOU BACK YOUR TIME.
THANK YOU. >> THANK YOU VERY MUCH.
I WILL TURN IT OVER FOR THE DEPARTMENT STAFF REPORT.
>> THANK YOU, ALEXIA LOPEZ WITH THE CITY OF CARMEL.
UP WITH THE BAD GUY AND TELL YO WHAT OUR PERSPECTIVE IS FROM TH CITY. ROSEMEAD DRIVE IS STRIPPED OF HIS PROPERTY ON THE WEST SIDE AND THEN WE HAVE GLEN COURT STEPPED TO THIS PROPERTY ON THE EAST SIDE.
WOULD BOTH OF THOSE NEIGHBORHOODS WERE PLOTTED, THE WERE REQUIRED TO HAVE THESE STU STREETS IN THEIR PERFECT OF MAP TO DO A CUL-DE-SAC BECAUSE WE WERE ANTICIPATING IT COULD BE CONNECTED IN THE FUTURE. IF THERE'S UNDEVELOPED AND, WE WOULD ASK FOR THAT STUB STREET THERE.
WE COULDN'T NECESSARILY MAKE THEM CONNECTED AT THE TIME BECAUSE THAT PARCEL IN THE MIDDLE WASN'T BEING DEVELOPED THEY WEREN'T ADDING MORE LOTS, BUT THE IDEA WAS THAT IF SOME TIME THAT LARGE PARCEL WAS EVER DEVELOPED, THAT STUB STREETS WOULD CONNECT FREIGHT THERE'S ONLY ABOUT 135 FEET BETWEEN THE TWO EXISTING STUB STREETS. WITH THE UTO DOES REQUIRE IT TO BE A DEDICATED AND THIS IS A CONSISTENT POLICY THAT WE HAVE MAINTAINED AND IMPLEMENTED OVER THE YEARS FOR NEW SUBDIVISIONS.
WE BELIEVE PROVIDING CONNECTED STREETS IS IMPORTANT FOR MANY REASONS INCLUDING THE HEALTH, SAFETY, CONVENIENCE AND HARMONIOUS DEVELOPMENT OF THE COMMUNITY.
CONNECTING NEIGHBORHOODS, IT'S NOT A HUGE THOROUGHFARE, IT'S A LOCAL STREETS, IT WILL HELP OUR FIREFIGHTERS AND POLICE OFFICER TAKE THE BEST ROUTE TO AN EMERGENCY SO THEY CAN PROVIDE HELP QUICKLY, CONNECTED STREETS ALSO PROVIDE RESIDENTS WITH MULTIPLE TRAVEL OPTIONS IN CASE THERE ONE ACCESS FOR EACH NEIGHBORHOOD IS BLOCKED AT SOME POINT ALONG THAT STREET.
THEY WOULD HAVE ANOTHER OPTION NOW TO GET OUT OF THEIR NEIGHBORHOOD. IT ALSO ALLOWS A SAFER MORE CONVENIENT OPTION FOR RESIDENTS INCLUDING CHILDREN TO WALK OR BIKE TO VISIT NEIGHBORS. AND SOUNDS LIKE WE HAVE A LOT O FRIENDLY NEIGHBORHOODS IN BOTH OF THESE NEIGHBORHOODS.
THIS WOULD PROVIDE ANOTHER OPTION FOR THEM.
ALSO, WHEN NOT ASKING THE PETITIONER TO BUILD THE STREET AT THIS TIME. THIS WOULD SIMPLY BE TO DEDICAT THE RIGHT-OF-WAY SO THAT THE CITY COULD BUILD IT IN THE FUTURE. I WILL KIND OF STOPPED THERE AN SAY THAT WE WOULD RECOMMEND TO JAMAICA'S THIS EVENING AND THE CRIMINAL ENGINEERING DEPARTMENT SUBMITTED.
[00:25:02]
>> I WILL NOW OPEN IT TO MY FELLOW COMMISSIONERS FOR ANY QUESTIONS OR COMMENTS ANYBODY THAT WOULD LIKE TO GO FIRST?
>> A COUPLE OF QUESTIONS HERE, THE WAIVER, THIS IS FOREVER?
>> THE WAIVER WOULD BE FOREVER SO IT COULD FIGHT IT AND THERE WOULD JUST BE A LOT LINE BETWEE THE LOT WOULD BE ON THE NORTH AND THE SOUTH IN THERE WOULD BE NO RIGHT OF WAY DEDICATED.
>> INVENTED SOME POINT DOWN THE ROAD, THE CITY COMES BACK AND SAY, WELL WE WANT TO CHANGE THI WAIVER AND WE DO BELIEVE A
STREET SHOULD GO HERE. >> COULD QUESTION.
IF AT SOME POINT THERE WAS A DIRE NEED FOR IT TO BE BUILT, THE CITY COULDN'T JUST COME BAC AND OVERRULE THE WAIVER, THEY WOULD HAVE TO THEN PURCHASE THA LAND, THAT RIGHT AWAY TO GET TH STREET. AND WHEN IS THE PLAN TO ACTUALL BUILD THIS. I KNOW, FIVE YEARS, TEN YEARS?
>> ACTIVESYNC I DIDN'T THINK IT A TIMELINE FROM THE ENGINEERING DEPARTMENT. NORMALLY IF IT WAS A TYPICAL SUBDIVISION BE WITH US TO BUILD THE STREET AT THAT TIME, BUT ALSO NORMAL SUBDIVISION, YOU'RE ADDING THE HOMES I ALSO ENJOYED WORKING WITH KYLE AS HE WAS TRYING TO PRESERVE ALL OF THESE TREES ON THIS LOT AND NOT NECESSARILY WANTING TO BUILD.
BUT I DON'T KNOW WHEN THE CITY WOULD DECIDE IT WOULD BE NECESSARY TO BE BUILT BRIGHT AN OTHERS A LOT OF OTHER PROBABLY LARGER PROJECTS ON THE CITY'S SCHEDULE RIGHT NOW.
>> I AM GOING TO SUMMARIZE MY DECISION ON THIS IN THE NEXT AN LAST FOR AN EXTRA MINUTE YOU CONVINCE ME OTHERWISE.
WE ARE LOOKING AT A STRIP OF LAND AND WHAT WILL CHANGE IS THAT LINES WILL BE DRAWN AND NUMBERS WILL BE ASSIGNED TO FIV PIECES OF THAT LANDS RIGHT OTHERWISE THE STRIP OF LAND IS NOT CHANGING. SO I AM GOING TO PROPOSE SUCH A TIME WHEN YOU'RE READY FOR UP MOTION, MADAM CHAIR, A COMPROMISE AND THAT IS TO GROUN THE WAIVER UNTIL SUCH TIME AS ANY OF THE PARCELS BUILDING BEGINS ON ANY OF THE PARCELS BECAUSE THAT WILL CHANGE THE LANDSCAPE LITERALLY AT WHICH TIME THE POPE WAIVER WOULD COME BACK BEFORE THE PLAN COMMISSION WHATEVER THE RULES FOR THE CITY REQUIRE A.
>> THIS IS SOMETHING WE TALKED ABOUT LAST TIME.
AND I GUESS I'M GOING TO PUSH THAT OUTWARD FROM LANDING WHICH IS THIS HAPPY MIDDLE GROUND, BU THE COUNSELOR WHEN HE WAS HERE LAST TIME HE MADE THE COMMENT THAT OFTENTIMES THE PLAN COMMISSION YOU WILL TELL THE REMONSTRATED REST, NOT BE PERSONALLY, BUT OTHER COMMISSIONERS WILL SAY IF YOU LIKE YOUR VIEW, YOUR PIE GETS. THE REASON WHY I HAVE NEVER EVE SAID THAT IS BECAUSE HISTORICALLY WHAT MY OBSERVATIO IS THAT TH LIEN TONERS, WHEN THEY ARE SELLING THEIR LANDS, THEY SET THE PRICE SO INCREDIBL HIGH IT'S JUST NEARLY IMPOSSIBL FOR THE AVERAGE PERSON TO COME IN AND BUY THEIR VIEWS SO TO SPEAK. AND THIS CASE WE HAVE A LANDOWNER THAT DIDN'T SELL IT A THE HIGHEST PRICE WITH THE IDEA OF KNOWING THAT YOU WERE GOING TO PRESERVE THIS WHOLE GREEN SPACE. FROM MY PERSPECTIVE WHEN I SEE THAT, I FEEL LIKE WE AS SAP SHOULD BE SUPPORTIVE.
WE HAVE VERY FEW AND IF WE HAVE SOMEBODY WHO'S WILLING TO MAKE THE EFFORT THINK WE SHOULD BE SUPPORTIVE AT THE SAME TIME COM OUT WE ALL TALKING ABOUT NO ONE HAS ANY PLANS TO BUILD ON THIS, BUT IT'S ALSO NOT DESIGNATED AS STREET PRESERVATION, IT'S NOT TURNED OVER TO THE PARKS, SO THERE COULD BE OPPORTUNITY DOWN THE ROAD WHERE SOMEBODY SELLS THEIR PARCEL IN THEY DO BUILD O IT OR THEY DECIDE TO CUT ON PATRICE AND PUT UP THE GARAGE O WHAT HAVE YOU. NOW COMES THE HARD PART FOR YOU WHICH IS FOLLOWING UP ON WHAT DUBBIE WAS SAYING, IS THERE A WAY TO FIND THAT MIDDLE GROUND WHERE WE PRINT THE WAY FOR, BUT THERE IS A TRIGGERING EVENT WHERE IS THERE IS SOMETHING TO BE BUILT IN THE RIGHT-OF-WAY IS GRANTED OR THE REVERSE, WHERE YOU GRANT THE RIGHT AWAY, BUT THERE IS AN ASSURANCE THE ROAD WON'T BE BUILT, YOU KNOW THAT'S WHAT I'M TRYING TO THINK, IS
THEIR SUCH A WAY TO DO THAT? >> I THINK IT'S ACTUALLY A WAY TO DO IT, WE'VE DONE IT IN THE PAST MULTIPLE TIMES WHERE WE POSTPONE THE ACTUAL TRANSACTION HAS IN THE DEDICATION OF THE RIGHT-OF-WAY UNTIL SUCH TIME OF THE TRIGGERING EVENT, USUALLY A
[00:30:02]
THE CITY DECIDES TO HEAR IT'S A DIFFERENT SCENARIO AS PRESENTED BY THE PETITIONER IN REMONSTRTED US, PEOPLE WHO HAVE SPOKEN SUPPORT OF THIS. IT SEEMS LIKE WE WANT TO PRESERVE PARCEL FOR NATURAL USES , IT'S NO GUARANTEE IT WILL BE THE SAME AND FIVE, TEN, 15 YEARS FROM NOW, I THINK WHAT YO CAN TO IS TOO GREAT IT'S WITH A CONDITION THAT IF THOSE FIVE PARCELS WOULD BE DEVELOPED FOR RESIDENTIAL OR OTHER USES THAT IMPLIES HABITATION, THEN DEDICATION WILL BE EXECUTED AT THAT TIME. NOT RIGHT NOW, BUT AT SOME TIME IN THE FUTURE IF THAT EVENT EVE HAPPENS.>> I LOOKING AT STAFF, DOES THA SOUND LIKE A REASONABLE
COMPROMISE? >> I THINK THAT WOULD BE A REASONABLE COMPROMISE. IF THEY'RE NOT BUILDING TODAY AND WE AREN'T PLANNING TO BUILD THE ROOT ANYWAY TODAY.
>> I WILL OPEN IT UP TO MY FELLOW COMMISSIONERS IF THEY
HAVE ANY THOUGHTS. >> I JUST WANT TO ASK WHO IS GOING TWO ON LOTS FOUR AND FIVE INITIALLY.
>> INITIALLY COME OUT LOT FOR, WHICH IS RIGHT HERE IS GOING TO BE OWNED BY RIGHT HERE. LOT FIVE, JUST TO BE TRANSPAREN WITH THE BOARD, THE OWNER HERE, THE CONTRACTS HAD INTENDED TO BUY HITS, THEY CAME TO ME ABOUT A MONTH AGO AND SAID FINANCIALL IT'S NOT GOING TO WORK SO AS OF NOW I WILL.
I HAVE TWO OTHER NEIGHBORS THAT HAVE EXPRESSED INTEREST AND MAY BE TRYING TO HELP ME FINANCIALL WITH THAT.
BUT I GIVE MY WORD, I'M NOT SELLING THAT TO A BUILDER.
IF I SELL IT TO ANOTHER NEIGHBO THAT HAS THE SAME RESPECT FOR THE LAND, THEN I WOULD CONSIDER DOING THAT, THE ISSUES HAVE NO PLANS TO BUILD, THERE WOLD BE NO PLANS TO BUILD THEIR I CAN ANSWER MORE IN-DEPTH ON THAT COMPROMISE.
>> THANK YOU. I RECOGNIZE WE HAVE RULES FOR A RECENT, USUALLY TO PREVENT BAD DEVELOPMENT, USUALLY TO PROMOTE CONNECTIVITY AND MOBILITY, PRESERVE OPEN SPACE, AND I RECOGNIZE THIS CITY IS NOT SAYING IT HAS TO BE BUILT TODAY BUT THAT COULD ACTUALLY HAPPEN THROUGH THE ACTION OF GOVERNMEN SO MAYBE THE DEVELOPER DOESN'T HAVE TO DO IT, BUT THEY MAY BE DO IT THEMSELVES FREIGHT I THIN THIS IS A UNIQUE SITUATION.
I THINK THIS IS A SITUATION THA I APPRECIATE MY COLLEAGUES SUGGESTION THAT WE LOOK AT A COMPROMISE AND THAT IS A COMPROMISE I COULD DEFINITELY SUPPORT.
WE HAVE TWO EXISTING SUBDIVISIONS, WE HAVE MISALIGNE RIGHT-OF-WAY RIGHT OF WAYS THAT ARE ABOUT 50-FOOT OFFSET FROM ONE ANOTHER. AND NOT FOR TRAFFIC ENGINEER ON THE PANEL, BUT IT'S GOING TO BE VERY DIFFICULT FROM FOR MY EXPERIENCE TO CONSTRUCT THE ROA AS IT WOULD BE REQUIRED.
SO FAR I HAVEN'T SEEN ANY EVIDENCE PRESENTED OR APPROVED ON THAT EXPRESSED AS A CHALLENG WITH EMERGENCY VEHICLES OR DELIVERIES. I JUST WANTED TO SHARE MY
THOUGHTS. >> I WILL CHIME IN WITH A FEW
THOUGHTS. >> GEOMETRICALLY, I'M SURE THE CHALLENGE CAN BE DONE. WE HAVEN'T HAD THAT FROM A TRAFFIC PERSPECTIVE OR A NEIGHBORHOOD CONNECTIVITY.
CERTAINLY THERE ARE GOOD COMMENTS SUGGESTED BY THE PETITIONER AND THE FOLKS SUPPORTING THE WAIVER, THE TREE ARE NICE, THE WILDLIFE THERE IS GREAT, THAT NEIGHBORHOODS HAVE SURVIVED THE WAY THEY ARE TODAY FOR MANY MANY YEARS I HAVE BEEN IN BOTH NEIGHBORHOODS, BOTH ARE GREAT, BUT AT THE SAME TIME, I THINK OF THE NOTION THAT EMERGENCY RESPONDERS LIKE TO HAVE MULTIPLE ENTRANCES AND EXITS TO A NEIGHBORHOOD AS WAS ADDRESSED BY STAFF. THE ABILITY TO WALK TO YOUR NEIGHBOR'S HOUSE AND CUT THROUG AND HAVE THAT CONNECTION CAN ALSO BE IMPORTANT, HAVING MULTIPLE I WILL SAY WAYS TO GET IN AND OUT OF YOUR NEIGHBORHOOD TO AVOID A LEFT TURN ON 116TH STREET IF YOU IS CERTAINLY SOMETHING THAT COULD BE ATTRACTIVE BUT AT THE SAME TIME ALL OF THOSE ELEMENTS I THINK O WHERE WE GOING ON THIS BEFORE THE COMPROMISE WAS DISCUSSED IT SHOULD BE ALL ONE WAY OR ALL TH OTHER.
THEY SHOULD BUILD THE ROAD, MAK THE NEIGHBORHOOD CONNECTION
[00:35:02]
BECAUSE SO MANY NEIGHBORHOODS AND THE STAFF IS DENIGRATE JOBLESSNESS SUBSTRATES IN WE HAVE A GREAT COMMUNITY.I THINK WE DO IT BETTER THAN MANY OF OUR PEERS.
MAY BE ON EITHER SIDE OF THE FENCE I CERTAINLY DON'T JUST LIKE THE COMPROMISE OR FINDING ANOTHER SCENARIO WENT SOMETHING
LIKE THIS MIGHT BE GOOD. >> ANYBODY ELSE HAVE ANY [BLEEP]
- >> SO WHAT WITH THE DOCUMENTATION BE FOR SOME SORT OF CONTINGENCY OR TRIGGER?
>> THAT IS A GOOD QUESTION I WA JUST WRITING IT OUT BECAUSE IT IS A UNIQUE SCENARIO, SO I WAS THINKING IT CAN BE DONE ONE OF TWO WAYS THEY CAN BE DONE FOR A CONDITIONAL APPROVAL WHICH WOUL READ SOMETHING AS FOLLOWS SO THEY APPROVE THE FOLLOWING CONDITION IF ANY ADJOINING PARCELS TO THE STUB STREETS DEVELOP IN THE FUTURE, THE PETITIONER OVER SUCCESSIVE INTEREST SHOULD DEDICATE THE RIGHT-OF-WAY TO THE CITY AND ALSO THAT THE PETITIONER AND ALSO ASSESSING INTERRACIAL NOTIFY THE BUYER OF THIS CONDITION, SO IT'S KNOWN THAT THAT CONDITION WILL TRIGGER IF ANY ADJOINING PARCELS WILL BE DEVELOPED IN THE FUTURE. OR ALTERNATIVELY IT CAN BE COMMITMENT WITH SIMILAR LANGUAG ATTACHED TO THE.
>> AND HOW WILL BE DEFINED DEVELOPMENT? IS THAT PUTTING IN A GARAGE OR POOL, OR IS IT BUILDING A HOME?
>> I WOULD SAY THAT PERHAPS THE REQUEST FOR WHICH TRIGGER SUCH
DEVELOPMENT. >> I THINK NEEDS WHERE, IF THE POINT OF WHAT THEY'RE TRYING TO DO EXTRA PRESERVE ALL THESE WOODS, AS SOON AS YOU START BUILDING ANYTHING, CUTTING IT DOWN, THEN THAT SORT OF ORIGINA CONTENT IS GONE.
IS IT EASIER TO JUST HAVE IT FO A TIED TO A BUILDING PERMIT?
>> SOME LOCATION PERMITS ARE SMALL ENOUGH IT PROBABLY WILL NOT AFFECT THIS, BUT YES, A BUILDING PERMIT WOULD WORK.
>> I AGREE WITH DEBBIE IN TERMS OF NOTHING'S REALLY CHANGING
OTHER THAN PARCEL LINES. >> AND THAT'S ANY KIND OF
BUILDING PERMIT CORRECT? >> AGAIN, THERE ARE CERTAIN THINGS YOU CAN DO THAT WOULDN'T REQUIRE A BUILDING PERMIT.
AGAIN, IT PROBABLY WOULDN'T AFFECT THE INTENT OF THIS, BUT
THE BUILDING PERMIT. >> CAN YOU SHOW THE PLOT AGAIN
IF YOU HAVE AT HAND HE? >> WELL YOU'RE DOING THAT, IT
DOES A TREE HOUSE REQUIRE? >> I THINK WE'VE ALREADY PUT
SERGEY ON THE SPOT. >> IN SOME COMMUNITIES IT DOES.
>> I WOULD ADD I WOULD NOT BE SURPRISED IF A 150-FOOT SQUARE FOOT SHED WAS REQUESTED TO PUT ON ESPECIALLY THE ISSUE, SHEDS ARE NOT ALLOWED IN OUR HOA. IT'S BEEN A CONTENTION FOR YEARS . PART OF THE WISHES ARE IT WOULD BE NICE, SMALL TWO-CAR GARAGE, TO HAVE A SMALL LITTLE SHED FOR THE HOMEOWNER, SO DEPENDING ON WHAT THAT WOULD BE, NOTHING THAT'S TO GET THIS RIGHT DISTURBED TO PUT UP A TEN BY FIVE SHED, BUT I WOULD JUST ASK THAT QUESTION.
>> WITH THIS POTENTIAL FIVE HOMES BE ROLLED INTO THE ROSEMEAD HOA OR WHAT I HAVE ITS OWN SEPARATE HOA?
>> KNOW HOA AND NOT ROLLED IN, BECAUSE THEY ARE REQUIRED TO BE ABSORBED INTO THE EXISTING LOTS. THOSE WILL BECOME PART OF THE
HOA MERGED WITH THAT LOT. >> THAT WAS MY QUESTION, SO ABOUT 17 IN ROSEMEAD, IS A GETTING REPLATTED WITH LOT TO T
BECOME ONE INDIVIDUAL LOTS? >> THAT'S WHAT I UNDERSTAND FRO THE CONVERSATION SINCE THE BEGINNING WITH D BAXTER, MY
SURVEYOR. >> TO ANSWER THAT QUESTION, THI IS D BAXTER, THE ESSENCE OF THA IS THOSE TWO LOTS WILL BE
[00:40:03]
COMBINED INTO ONE PARCEL, SO IT WOULD JUST BE A PARCEL COMBINATION. THAT IS THE INTENT WITH THOSETWO LOTS. >> ANY OTHER QUESTIONS? SO SO I WANT TO GIVE YOU TREMENDOUS CREDITED TO DO THAT ON THE SPOT,, THAT WAS INCREDIBLE DIRECTING, SO I JUST WANT TO GET KIND OF A SENSE OF WHAT THAT MOTION IS GOING TO BE.
>> HOW ABOUT I MAKE A MOTION AT THEM IF IT NEEDS TO BE AMENDED
WE WILL SO BE INFORMED. >> OKAY.
>> SERGEY, FEEL FREE TO INTERRUPT ME IF WORDS NEED TO B INJECTED RAM NOT SPECIFYING THEM .
I MOVE THAT THE COMMISSION APPROVES THE WAIVER UNTIL SUCH
TIME AS A BUILDING PERMIT. >> HOLD ON.
>> WITH THE FOLLOWING CONDITION LET ME START OVER.
I'D I MOVE THAT WE APPROVE THE WAIVER CONDITIONED UPON, WITH WOULD BE RECONSIDERED AT SUCH TIME AS A BUILDING PERMIT IS ISSUED FOR A BUILDING INTENDED TO BE INHABITED.
>> NO, CAN YOU HELP ME OUTCOME IT WOULD BE WE APPROVE IT WITH THE CONDITION THAT IT REMAINS I THAT NATURAL STATE, BUT ONCE THERE IS A BUILDING PERMIT ISSUED THEM THE RIGHT OF WAY
>> I WILL REPEAT WHAT SERGEY SAYS IF HE TAKES IT SLOWLY.
>> I MOVE THAT. >> HERE WE GO.
I MOVED TO APPROVE THE WAIVER WITH A FULL THE FOLLOWING CONDITION IF ANY ADJOINING PARCEL OBTAINS SORRY, PETITIONS FOR A BUILDING PERMIT CAME AT THEM AT THIS, THE PETITIONER WITH THE SUCCESS OR INTEREST SHALL DEDICATE THE REQUESTED RIGHT AWAY TO THE CITY OF CARMEL , INDIANA,.
THE PETITIONER AND SUCCESSOR IN INTEREST SHALL NOTIFY SUBSEQUEN BUYER OR A PERSON WANTING TO REPLANT PARCEL FIVE AND FOUR OF
THIS CONDITION. >> AM SURE THAT'S WHAT I SAID.
>> I WOULD SECOND THAT VERY IT' VERY JUMBLED, BUT I WAS SECONDED
. >> WE HAVE A MOTION AND A SECOND . ALL THOSE IN FAVOR OF APPROVING THIS WAIVER WITH THE CONDITIONS AS LISTED BY SERGEY PLEASE SAY
>> AND HE OPPOSED? WON A POST PARADE CONGRATULATIONS, IT IS PAST THE WAIVER WITH THE CONDITIONS GREA THANK YOU VERY MUCH AND THANK YOU FOR PRESERVING THE TREES.
>> IF I MAY, JUST SO I UNDERSTAND WHAT JUST HAPPEED BECAUSE I'LL ADMIT I DON'T I JUST WANT TO MAKE SURE.
IF ANYBODY FILES A BUILDING PERMIT ON LOTS FOUR AND FIVE AN IT COMES, BUT BEFORE YOU AND YO DECIDE TO GRANT THE RIGHT WAY.
>> THE RIGHT-OF-WAY IS AUTOMATICALLY GRANTED, IF THERE IS A BUILDING PERMIT? IT WILL BE A REQUEST TO GRANT APPROVAL OF THIS SPECIFIC ADDITION.
>> AND I JUST WANT TO ASK SO LO LOT TO IS LIKELY AT SOME POINT GOING TO WANT TO PUT UP SOMETHING FOR THEIR KIDS THEY HAVE FOUR KIDS AND TO THAT QUESTION, AS FAR AS I'M AWARE I'VE LOOKED INTO THIS QUITE A BIT, YOU NEED PERMITS FOR MOST EVERYTHING, SO A TREEHOUSE, IS PLAIN, SO WHERE IS THE LINE OF WHAT IS A BUILDING PERMIT BECAUSE AGAIN, SHED IS A
BUILDING PERMIT. >> THAT'S WHY I PUT FOR A
STRUCTURE TO BE INHABITED. >> I WOULD 100 PERCENT SUPPORT THAT, IF IT'S THE OTHER THING, NEED TO RECONSIDER MY
APPLICATION. >> ONE THING I DON'T KNOW ON TH TOP OF MY HEAD, THE FULL LIST O THINGS THAT THE CITY REQUIRES A
[00:45:02]
BUILDING PERMIT FOR A. >> I MEAN, IF THE SHED IS UNDER A CERTAIN SIZE IT DOESN'T REQUIRE A PERMIT, IF IT'S RECREATIONAL EQUIPMENT FOR CHILDREN I DON'T KNOW THAT WE REQUIRE A PERMIT FOR THAT UNLES IT'S A LARGE TREEHOUSE STRUCTURE
. >> AND THE FISHERY HOUSE DOESN'
HAVE A FOUNDATION. >> I WAS TOLD BY STAFF THAT ANYTHING THAT IS 36 INCHES ABOV THE GROUND IF I NEED A LADDER FOR AS PER THE PLAN, THAT REQUIRES A PERMIT.
ANY SHED SIZE REQUIRES A PERMIT THERE IS THE THRESHOLD AT 200 SQUARE FEET AND ABOVE THAT REQUIRES AN ADDITIONAL PERMIT I HAD ASKED ABOUT MAYBE PUTTING ONE ON MINE AND I GOT 12 WELCOM AT THEIR SNOW PRIMARY HOUSE COMMITMENT YOU CAN'T TO IT.
THAT'S NOT A MATTER FOR TONIGHT NECESSARILY, I WOULD JUST IMPLORE IT MAY BE IT'S A HABITABLE STRUCTURE THAT IS.
>> BUT IT ONLY APPLIED TO LOTS FOUR AND FIVE? SO WE ARE TALKING ABOUT THE LOT WHERE THERE RIGHT-OF-WAY WOULD BE GRANTED. I THOUGHT WE SPECIFIED FOR AND
FIVE. >> IT CERTAINLY WOULD BE CLEANE IF IT WAS INHABITABLE BUILDING, BUT I DO UNDERSTAND THAT A GARAGE MIGHT REQUIRE A BUILDING PERMIT.
>> BUT IF WE SPECIFY THAT THE PERMIT IS FOR THE STRUCTURE TO BE INHABITED, WOULDN'T THAT JUS TAKE CARE OF ALL OF THE OTHER
PERIPHERAL BUILDINGS? >> IS, IF THE COMMISSION IS FIN WITH THAT, I THINK IT WOULD BE MUCH CLEANER WAY TO DO IT.
>> OKAY. THIS IS A NEW PROCEDURE.
>> IT IS, IT IS NEW FOR EVERYBODY.
VICKI SOCHA WE HAVE TO RESCIND OUR LAST VOTE?
WE HAVE TO VOTE TO RESCIND THAT? >> .
>> I MOVE TO RESCIND MY PREVIOU MOTION.
ALL IN FAVOR OF RESCINDING OUR LAST MOTIONS PLEASE SAY AYE.
ARE WE CLEAR THAT THAT IS THE VINE WE WANT TO DRY IS INHABITE BECAUSE IT COULD IN THEORY BUIL A GARAGE INTERIOR DOWN ALL THE TREES AND HAVE CARS NOW COMING TO AND FROM THE GARAGE.
>> I BELIEVE, CORRECT ME IF I'M WRONG, YOU HAVE TO IN ORDER TO BUILD A GARAGE, IT'S AN ACCESSORY STRUCTURE THE PRIMARY STRUCTURE HAS TO BE BUILT FIRST SO YOU WOULDN'T BE ABLE TO GET AN PERMIT ON LOTS FOUR OR FIVE BEFORE A PRIMARY STRUCTURE.
>> THAT GIVES SOME ASSURANCES THEM.
OKAY. >> SAME VERBIAGE EXCEPT FOR A BUILDING PERMIT FOR A HABITABLE STRUCTURE.
>> I MOVE WHAT WAS STATED IN TH PREVIOUS MOTION ADDING THE WORD FOR ANY STRUCTURES TO BE INHABITED.
>> SO WE MOVED TO APPROVE THE WAIVER WITH THE FOLLOWING CONDITIONS. AND, CAN YOU PLEASE LIST THEM?
>> IF ANY ADJOINING PARCEL DEVELOPS AND AT THIS TIME THE PETITIONER SHALL DEDICATE THE REQUEST OF RIGHT AWAY TO THE CITY THE PETITIONER OR THE SUCCESS IN INTEREST SHALL NOTIF THAT A SUBSEQUENT BUYER OR SUBSEQUENT BUYER OR A PERSONS WISHING TO REPLAN PARCELS FOR AND FIVE OF THIS CONDITION AND THIS CONDITION IS LIMITED TO TH STRUCTURES INTENDED FOR HUMAN
HABITATION. >> I WILL SECOND THAT.
>> THANK YOU. ALL THOSE IN FAVOR OF THE MOTIO
PLEASE SAY AYE. >> PLEASE SAY.
>> AYE. >> AND HE OPPOSED? ONE OPPOSED. THANK YOU, I APPRECIATED.
COUNCILOR AYERS, I PROMISE YOU THERE NOT ALL LIKE THIS.
[3. Docket No. PZ-2026-00059 OA: Short Term Residential Rental UDO Amendment. ]
WE ARE GOING TO MOVE ON TO OUR SECOND PETITION THIS IS DOCKET NUMBER PZ-2026-00059 OA. THE APPLICANT SEEKS TO AMEND THAT YOU DO TO REVISE DEFINITIO STANDARDS AND APPROVAL PROCEDURES FILED BY THE DEPARTMENT OF COMMUNITY SERVICE ON BEHALF OF THE PLAN COMMISSIO AND EVER WILL TURN IT OVER TOSERGEY. >> SERGEY GRECHUKHIN, THANK YOU FOR INDULGING MY DRAFTING ON TH SPOTS, IT REALLY TRULY WAS A
[00:50:01]
UNIQUE PETITION I DON'T THINK I'VE EVER SEEN.SO, NOW WE ARE MOVING TO A LITTLE BIT MORE MATTERS THAT SHOULD BE MORE FAMILIAR TO US O THE COMMISSION.
THIS DOCKET IS AN AMENDMENT OF YOU DO, SPECIFICALLY SHORT-TERM RESIDENTIAL RENTAL PROVISIONS AND OVER LIKE TO GIVE YOU A BIT OF A BACKGROUND ON WHY WE ARE HERE.
OUR UTO ORDINANCE WAS IMPLEMENTED IN JANUARY OF 2018, SPECIFICALLY JANUARY 9TH 2018 AND AND IT WAS OPERATIONAL UNTI HOUSE BILL 1210 OF A PREVIOUS LEGISLATIVE SESSION NOW IT'S A HOUSING BILL AND AMENDED CERTAI DEFINITIONS AND THE SHORT-TERM STATUTE WHICH MADE OUR ORDINANC AND SENSUALLY UNENFORCEABLE.
SO THAT REQUIRED AN AMENDMENT O OUR SHORT-TERM RENTAL REGULATIONS AND THAT YOU DO, SO HENCE, THE ORDINANCE IN FRONT O YOU TODAY I GO KIND OF LINE BY LINE BECAUSE THERE ARE QUITE A FEW AMENDMENTS IF THAT IS OKAY. I WILL TRY TO BE QUICK OR I CAN
JUST SUMMARIZE IT. >> GO AHEAD AND GO THROUGH IT.
LED BY LINE, HOWEVER YOU WANT T DO IT, IT WILL BE MORE CLEAR I THINK IF YOU KINDA GO THROUGH IT .
>> LET ME SUMMARIZE THE MAJOR AMENDMENTS.
NUMBER WHEN YOU WILL SEE THE SHORT-TERM RENTAL PERMITS ARE NOT REQUIRED IN MANY MORE DISTRICTS THAT ALLOW RESIDENTIA DWELLINGS. IT WASN'T THE CASE IN THE PAST, BUT NOW THE CITY HAS EVOLVED QUITE A BIT SINCE THAT TIME WHERE THERE IS QUITE A FEW RESIDENTIAL UNITS IN NON- RESIDENTIALLY ZONED DISTRICTS VERY THAT'S NUMBER ONE, NUMBER TO IS A MAJOR AMENDMENT IT'S NO OWNER OCCUPIED PROPERTIES THAT WOULD LIKE TO HAVE A SHORT-TERM RENTAL PERMITS OR A SHORT-TERM RENTAL WILL NOW JUST NEED TO ACQUIRE A PERMIT THAT IS PER STATUTE. WE CANNOT CHANGE THAT.
THAT WOULD BE ADMINISTERED BY THE DEPARTMENT OF COMMUNITY SERVICES BETWEEN NOW AND THE IMPLEMENTATION WE WILL BE WORKING WITH THE DEPARTMENT AND FIGURING OUT HOW THAT PERMITTIN PROCESS WILL WORK. BUT WE HAVE PERMITTING IN GENERAL IN THE CITY. A NUMBER OF MAJOR CHANGES THAT NOW THE NON- OWNER OCCUPIED PROPERTIES WILL BE ALLOWED TO D SO IF WE OBTAIN A SPECIAL AS OF RIGHT NOW, OUR ORDINANCE DOES NOT ALLOW THE OWNER UNOCCUPIED RESIDENCES TO BE SHORT-TERM RENTALS AT ALL, WHICH GOES AGAINST THE STATUTE THAT WE NOW NEED TO COMPLY WITH SO THAT IS AGAIN UP MAJOR CHANGE, BUT NOW, SHORT-TERM RENTAL OCCUPANTS WIL HAVE TO GET A SPECIAL EXCEPTION LIKE OTHERS HAVE TO DO TODAY FROM THAT PERSPECTIVE IT DOESN' CHANGE, IT JUST DEPENDS IF YOU OWN YOUR HOME AND YOU LIKE TO SHORT-TERM RENTAL OR IF YOU WAN TO INVEST ESSENTIALLY.
THAT IS ANOTHER CHANGE, AND ALSO , IT INTRODUCES A PERMIT FEE WHICH IS KEPT BY THE STATUTE, IT'S CAPPED AT $150 PER PERMITS IT'S AN ADDITIONAL FEE IT CAN UNFORTUNATELY IT NOT BE APPLIED YEAR AFTER YEAR, IT'S JUST THE INITIAL FEE, BUT BOTH THE PERMI AND SPECIAL EXCEPTION WOULD NEE TO BE REAPPLIED AND THEN, THE KNOWN OWNER OCCUPIED SHORT-TERM RENTAL OWNERS WITH LIKE TO OBTAIN A SPECIAL EXCEPTION WITH FILING FEE REQUIREMENTS.
SO THIS IS KIND OF THE SUMMARY OF AMENDMENTS THAT I'M GOING TO GO AND SHOW WHERE IT'S ACTUALLY ALL OF THAT IS IN THE ORDINANCE FOR THE FIRST ONE IS SECTION TW IT SPECIFIES THAT THE BOARD OF ZONING AND APPEALS SHOULD HEAR SPECIAL EXCEPTIONS FROM KNOWN OWNER OCCUPIED SHORT-TERM RENTALS IN THE ASSOCIATED VIEW WITH THAT IS $250 FOR FILING A SPECIAL EXCEPTION.
[00:55:04]
SECTION NUMBER THREE INTRODUCES A NEW SHORT-TERM RENTAL OWNER OCCUPIED IMPROVEMENT FEE, $150 OF INITIAL PERMIT FEE.THE NEXT SECTION, SECTION NUMBE FOUR, AND A SHORT-TERM RENTAL A A SPECIAL EXCEPTION FOR THE FOLLOWING DISTRICTS AND LISTED 2.3, FOUR TWO-POINT 39 AND THE FOLLOWING DISTRICTS HAVE BEEN ADDED IN SECTION FIVE WHICH IS B1, B2, B3, B5, B6, P SEVEN.
A LOT OF THOSE DISTRICTS HAVE RESIDENTIAL UNITS ALREADY, C1, C2, MOST HEAVILY RESIDENTIAL DISTRICT ACTUALLY BECAUSE THAT' WHERE A LOT OF THE MULTIUSE I'M SORRY, MULTIFAMILY UNITS OUR IN THE CITY. SO NOW THEY WILL BE INCLUDED IN A SHORT-TERM REGULATION OF OUR ORDINANCE OF INDIVIDUALS WHO LIVE IN THOSE DISTRICTS AND WOULD LIKE TO OBTAIN A SHORT-TERM RENTAL PERMIT. , IT IDENTIFIES WHO IS ELIGIBLE FOR PERMITS, AGAIN, IF YOU WERE AN OWNER OCCUPIED SHORT-TERM APPLICANT FOR IT IS BY RIGHT AS LONG AS YOU COMPLY WITH THE REQUIREMENTS OF THE ORDINANCE I THEN SPECIAL EXCEPTIONAL ELIGIBILITY AS I MENTIONED JUST WELL NOW KNOWN OWNER OCCUPIED APPLICANTS CAN APPLY FOR A SPECIAL EXCEPTION AND THAT IS A MAJOR CHANGE. THE REST OF IT HAS BEEN DELETED BECAUSE IT IS REQUIRED HOW YOU APPROVE IF YOUR OWNER OCCUPIED NOW IT'S EASIER TO JUST FOLLOW THE STATUTE MEANS THAT MEANS IT YOUR PRIMARY RESIDENCE. IF YOU DON'T CLAIM THE EXEMPTION , YOU ARE CONSIDERED UNOCCUPIED.
AND THEN REQUIRED INFORMATION, IT FOLLOWS THE STATUTE AGAIN.
IT'S PRETTY MUCH THE SAME THING WE ARE REQUIRED TODAY WILL REMAIN HERE. THEY SHORT-TERM RENTAL AND THE PERMIT GRANTED FOR WHEN YOU'RE DOESN'T CHANGE THAT IT WOULD NEED TO BE REAPPLIED FOR IT EXCEPT FOR THE PERMIT MAY CANNO CHARGE THE FEE THE SAME AUTHORIZATION ENDS SUBSECTION F AND THEN NUMBER OF ADDED SUBSECTION G IN THE ORDINANCE I AN IMPORTANT ONE, IT'S A REVOCATION OF A SPECIAL EXCEPTION THAT SECTION ACTUALLY HAS BEEN BOLSTERED IN THE STATUTE ALLOWS US TO REVOKE PERMIT AFTER THREE CITATIONS OF VIOLATION OF A LOCAL ORDINANCE, SO THAT ACTUALLY GIVES US A LITTLE BIT MORE AND TEETH TO ENFORCE AN ORDINANCE IF YOU HAV THREE CITATIONS, YOU ARE KIND O FUN YOUR PROPERTY RELATED CITATIONS ON YOUR PROPERTY, WE CAN SEEK VERIFICATION TO REVOKE A PERMIT FOR A SPECIAL EXCEPTION .
IT MAKES IT EASIER TO REVOKE TH REVOCATION HEARING IS AGAINST SPECIFIED HOW IT'S SUPPOSED TO BE DONE.
THE HEARING WILL BE IN FRONT OF A BOARD OF PUBLIC WORKS AND SAFETY IN THEY SHALL FOLLOW THE PROCEDURES IN INDIANA CODE.
IS PROCEDURES TO ADMINISTRATIVE HEARINGS.
THE NEW PERMITS, THE OWNER MAY APPLY FOR ANOTHER SHORT-TERM RENTAL PERMITS OR A SPECIAL EXCEPTION AFTER THE REVOCATION, BUT AT THAT TIME COME AT THE NUMBER OF CITATIONS WOULD BE CONSIDERED AS A CRITERIA FOR A GRANT.
SO MOVING FORWARD WITH SECTION SIX, IT IS ARTICLE NINE, PROCESSES 9.08, SPECIAL EXCEPTION AGAIN NOW ARE ONLY TALKING ABOUT NON- OWNER OCCUPIED PROPERTIES.
WE HAVE TO SEPARATE A COUPLE OF OTHER SPECIAL EXCEPTIONS TO MAK IT CLEAR THAT SOME OF THE CRITERIA APPLIED TO SOME, BUT NOT OTHERS GROUP HOMES IS NOT AFFECTED, SO 570 TO 908 IS THE SAME AND KNOWN DWELLING SHORT-TERM RENTALS, THAT WAS A
[01:00:02]
COUPLE OF YEARS AGO AT THIS POINT SO THAT IS NOT AFFECTED A WELL BECAUSE THE PROCEDURE FOR CONSIDERATION SINCE WE ARE ON THIS, A BASIS FOR REVIEW IT DOESN'T CHANGE FOR GROUP HOMES, IT DOESN'T CHANGE FOR NON- DWELLING SHORT-TERM RENTALS FOR THE ONLY THING THAT'S ADDED AS BASIS FOR NON- OWNER OCCUPIED SHORT-TERM RENTALS, ESPECIAL EXCEPTION.THEY ARE LARGELY THE SAME, THE CRITERIA IS VERY SIMILAR.
THE ONLY CONDITION REALLY HERE IS IF THE APPLICANT SATISFIES A ABORT OF ZONING APPEALS MUST HAVE A SPECIAL EXCEPTION WITHIN 40 DAYS OF THE HEARING OF THE BOARD.
THE REASON FOR THAT 30 DAY LIMITATION IS BECAUSE ALL THE PERMITS NEED TO BE ISSUED WITHI 30 DAYS FROM APPLICATIONS, WE WANTED TO CORRELATE THOSE TWO PROVISIONS TO MAKE IT CONSISTENT . ALSO, ANOTHER SMALL AMENDMENT I THINK YOU WILL SEE THAT GOING FORWARD WE HAVE BEEN WORKING WITH DOCS AND COUNSEL TO REDUCE THE MORATORIUM ON REAPPLICATION 'S FOR CERTAIN ZONING POSITIONS RIGHT NOW, FOR SOME ZONING PETITIONS ITS TWELVE-MONTH SPIRIT SHORT-TERM RENTAL IS 12 MONTHS AS WELL AFTER DISCUSSIONS, WE CONSIDER THAT IT IS A LITTLE BIT TOO LON IT'S AN ABSOLUTE MAXIMUM WITH THE STATUTE THAT THE LEGISLATUR ALLOWS SO WE REQUEST THAT WOULD BE AMENDED TO SIX. THAT'S REALLY THE ONLY SECTION THAT IS REALLY OUTSIDE OF A SHORT-TERM UNTIL, WE CAN CERTAINLY DISCUSS BUT THIS IS THE PREFERENCE THAT THIS MORATORIUM BE REDUCED BECAUSE W CONSIDER IT TO BE UNREASONABLY LONG. ESPECIALLY IF SUBTANTIAL CHANGES IN THE APPLICATION FOR REASON.
OR A PROJECT ET CETERA. THE REASON FOR IT AS WELL, NOW THIS COMMISSION AND THE CITY COUNCIL WILL HAVE A MUCH TIGHTE DEADLINE SO SOMETIMES IF YOU HAVE A BIGGER DEVELOPMENT UNIQU DEVELOPMENTS, IT CAN BE HARD TO GO THROUGH THE ENTIRETY OF A DEVELOPMENT PRESENTATION AND THINK THE CITY COUNCIL WITH THE EXPORTS TO MAKE A POSITION. AND FROM ITS TWELVE-MONTH MORATORIUM MORATORIM KICKS IN. AND NOTHING CAN BE DONE FOR 12 MONTHS. THAT'S ANOTHER REASON WE WANT T SHORTEN THAT TO ALLOW PETITIONERS TO RECONVENE AND COME BACK WITH A BETTER PRODUCT. SO I BELIEVE THIS IS IT.
THERE ARE A COUPLE OF DEFINITIONS AND AMENDMENTS.
WE WANTED TO HAVE THE SAME DEFINITIONS IN THE STATUTE FOR OWNER COMING SHORT-TERM RESIDENTIAL PROPERTY AND OWNER OCCUPIED SHORT-TERM RESIDENTIAL PROPERTY IN WE AMENDED THE SHORT-TERM THIS SHORT-TERM RESIDENTIAL UNIT TO COMPLY WITH THE SHORT-TERM STATUTE AS WELL, SO THESE ONES ARE PROVISIONS.
I BELIEVE THAT IS IT. >> GREAT.
THANK YOU, SERGEY PER THIS IS A PUBLIC HEARING, BUT I DON'T SEE ANYBODY HERE. AND NOBODY STAYED FOR THIS PETITION. DEPARTMENT STAFF, ANY COMMENTS
YOU WANT TO ADD? >> NOTHING TO ADD, BUT WE DO REQUEST IF YOU ARE READY TO VOT TONIGHT THAT YOU DO SO, IF NOT, THEN WE REQUEST IF IT DOES GO T COMMITTEE, THAT THE COMMITTEE
HAVE THE FINAL VOTING AUTHORITY. >> THANK YOU.
I'M GOING TO OPEN IT UP FOR QUESTIONS.
ANYBODY HAVE QUESTIONS OR COMMENTS ON THIS?
COUNSELOR AYERS? >> SERGEY, THANK YOU FOR ALL OF YOUR HARD WORK. I HAVE A COUPLE OF QUESTIONS.
IF A NEW PROJECT COMES IN TO PLAY IN COMMISSION, CAN WE STIL REGULATE THE SHORT-TERM RENTAL IN THAT COVENANTS AND
RESTRICTIONS? >> THAT IT'S IS A GOOD QUESTION.
SHORT-TERM RENTALS WILL COME IN IN THE BZA LEVEL.
EVEN THOUGH A PLAN COMMISSION I AMENDING THIS SHORT-TERM RENTAL WILL STILL BE. FITS ORDINANCE DOES NOT AFFECT
[01:05:03]
IT WOULD LIMIT SHORT-TERM RENTALS.THE STATUTE IS VERY CLEAR ON THIS AS WELL, BUT IT ALSO DOES NOT AFFECT ANY PRIVATE AGREEMEN SUCH AS HOA GOVERNMENTS RESTRICTIONS SO THERE CAN BE SOME, BUT I GUESS IT WILL COME THROUGH POD'S IS A GREAT EXAMPL AS WELL.
THERE HAS BEEN A COUPLE OF THOS WHERE THE RENTAL RESTRICTION CA INCORPORATE A PUD AS WELL. THAT ORDINANCE DOES NOT AFFECT THOSE PETITIONS OR PRIVATE AGREEMENTS THAT CAN BE ENTERED BY EITHER HOA'S OR INDIVIDUALS TO LIMIT SHORT-TERM RENTALS IN PARTICULAR NEIGHBORHOODS OR PARTICULAR PROPERTIES FOR THAT
>> THAT'S A GREAT POINTS. OF A TIME COMES THROUGH THAT, W PUT THAT PROHIBITION AND SO WE CAN STILL KEEP DOING THAT.
I HAD A QUICK QUESTION. SO RIGHT NOW ALL THE SHORT-TERM RENTALS GOING THROUGH A DCA FOR THE FIRST TIME EVERY YEAR FOR RENEWAL, DOES THAT PROCESS CHANGE? IT FELT LIKE OWNER OCCUPIED, AR THEY STILL GOING THROUGH THE BCA
? >> THAT IS A MAJOR CHANGE, SO OWNER OCCUPIED WILL HAVE TO GO THROUGH THE PERMITTING PROCESS IT IS NOT FOR PLANS COMMISSIONS. NOT FOR ANY COMMISSION BY THE CIT ITS APPROVED APARTMENTS. THAT PERMITTING PROCESS DESPITE RIGHTS, AND IS VERY CLEAR AND THE STATUTE AS WELL.
IF THEY MEET THE CRITERIA IF THEY DON'T HAVE THREE CITATIONS ON THEIR PROPERTY, THEY OWNER ARE THE OWNER OF THE PROPERTY I THEN THEY WOULD BE ENTITLED TO PERMIT FOR A SHORT-TERM RENTAL IF YOU'RE A NON- OWNER OCCUPIED THEN YOU HAVE TO OBTAIN THAT.
>> OKAY, SO WE HAVE A LOT OF SHORT-TERM RENTALS AND IF THEY ARE NO LONGER TO GO THROUGH THA PROCESS, HOW DO WE GET THE NOTICE OUT? CAN WE WRITE IN HERE THAT IF SOMEONE IS GOING TO TURN THEIR HOME INTO A SHORT-TERM RENTAL THEY HAVE TO AT LEAST GIVE NOTICE TO THEIR NEIGHBORS? OTHERWISE THESE NEIGHBORS ARE GOING TO WALK OUT ONE DAY AND THERE IS GOING TO BE SOMEBODY I THE HOUSE NEXT DOOR THAT THEY DON'T RECOGNIZE SPIRIT IS THERE A WAY RIGHT NOW THERE IS A NOTICE PROCESS BECAUSE BEFORE YOUR APPROVED THE NEIGHBORS HAV AN OPPORTUNITY TO VOICE THEIR OPINION.
IF THERE IS NO FORMAL PROCESSES HOW ARE THE NEIGHBORS GOING TO HAVE NOTICED THAT THE HOUSE NEX TO THEM HAS BECOME A SHORT-TERM
RENTAL? >> THAT IS A GOOD QUESTION.
BECAUSE IT IS PERMIT FIGHT RIGHTS, THE NOTICE IS NOT CONTEMPLATED FOR OWNER OCCUPIED PROPERTIES BECAUSE YOU ARE STIL OCCUPYING THE PROPERTY TECHNICALLY.
IT IS A SCENARIO WHERE YOU EITHER RENT A ROOM OR YOU GO AN STAY SOMEWHERE ELSE, IT MAY BE SECOND HOME SOMEWHERE.
BUT THE NOTICE IS NOT CONTEMPLATING THE SCENARIOS AGAIN BECAUSE THERE IS NO REMONSTRANCE PROCESS OF THAT.
>> ARE WE PROHIBITED BY REQUIRING SOME KIND OF NEIGHBORHOODS THAT YOUR HOUSE I BECOMING A SHORT-TERM RENTAL.
I SEE THE NEIGHBORS SHOW UP AND THEY FIND OUT BY THE FIRST TIME BY THE NOTICE IF THAT'S NOT HAPPENING THERE GOING UP TO SCOUR AIRBNB WEBSITES TO SEE WHAT'S HAPPENING BIRD MAYBE WE ARE PROHIBITED BY STATE STATUTE IF THERE IS A SIMPLE REQUIREMEN THAT YOU HAVE TO GIVE YOUR NEIGHBORS NOTICE I WOULD LIKE T
WRITE BEVAN. >> I DON'T KNOW THE ANSWER TO THIS YET, I CAN RESEARCH THIS. I THINK IT WOULD BE UNREASONABL REQUIREMENTS. I DON'T THINK IT WILL PROHIBIT SHORT-TERM RENTALS BECAUSE THER IS NO REMONSTRANCE, THERE IS JUST A NOTICE WITHOUT A HEARING ESSENTIALLY OR AN OPPORTUNITY T PROTEST. I DON'T THINK IT WOULD PROHIBIT OR GO AGAINST AN STATUTE, I WIL LOOK, BUT IF YOU WERE TO VOTE O THIS TONIGHT, WHICH WE DO ASK, CAN RESEARCH THE SPECIFIC QUESTION AND PRESENTED BECAUSE IT WILL STILL HAVE TO GO FOR COUNSEL AND I BELIEVE IT WOULD BE A VERY SIMPLE ONE.
>> OKAY, ONE OTHER QUESTION. EFFECTIVE DATE, I KNOW THIS IS BEING DONE BECAUSE OF THE CHANGES IN STATE LAW, BUT WHEN
WOULD THIS BE AFFECTED? >> AS SOON AS THE COUNCIL ACTS ON THAT. WE WILL HAVE A SIMILAR REQUEST TO COUNSEL TO SUSPEND THEIR ROLES BECAUSE WE HAVE A PENDING LAWSUIT RIGHT NOW AND THERE IS LOT OF APPLICANTS FOR SHORT-TER
[01:10:02]
RENTALS THAT ARE IN A BIT OF A LIMBO BECAUSE THEY KNOW THE AMENDMENT IS COMING SO SO BOTH FROM THE ADMINISTRATIVE STANDPOINT AND ALSO FROM THE STANDPOINT OF THE LIABILITY AS WELL BECAUSE WE KNOW OUR ORDINANCE IS NOT ENFORCEABLE ATTHIS TIME. >> THESE ARE MY TWO BIG QUESTIONS. I WOULD BE IN FAVOR OF IF WE ENDED UP VOTING ON VISTA AT THE REQUIREMENT THAT YOU'RE GOING T COME UP WITH SOME KIND OF NOTIC REQUIREMENTS.%
>> I APPRECIATE ALL THE I UNDERSTAND ADMINISTRATIVELY WE HAVE AN UPHILL CLIMB, DOES ANY OF THIS AFFECT THE RESTRICTIONS AND LIMITATIONS THAT WE SPENT A LOT OF TIME TALKING ABOUT
RELATED TO POOL RENTALS? >> IT DOES NOT, THIS IS WHERE W HAVE THE DISCUSSION IF YOU REMEMBER THE DEFINITION OF A DWELLING. WE HAD TO INCLUDE UNKNOWN DWELLING SHORT-TERM RENTALS AND SO THAT DOES NOT AFFECT OUR CONSIDERABLY MORE COMPREHENSIVE REGULATIONS OF POOLS AND DOG PARTS, ET CETERA. WE HAVE TO THE REST OF THE
>> ANY OTHER QUESTIONS? ALL RIGHT, DUBBIE, DO YOU HAVE
MOTION? >> HELP WE ALREADY SUSPENDED TH
RULES TO ACT ON THIS TONIGHT? >> S WE HAVE.
>> I JUST WANTED TO MAKE SURE. THEN I THAT WE ADOPT THE
PZ-2026-00059 OA. >> SO WERE MAKING A FAIR
RECOMMENDATION? >> SORRY, I DID NOT EXPLAIN THAT , THIS IS A ZONING ORDINANCE , SO IT WOULD HAVE TO BE ACTED ON ON THE COUNCIL LEVEL , SO YOU ARE ACTING IN YOUR ADVISORY CAPACITY TONIGHT SO THAT THE MOTION SHOULD INCLUDE FAVORABLE, NEGATIVE OR NEUTRAL ACCOMMODATION.
>> THEN I MOVE WE OFFER THIS TO THE COUNCIL WITH A FAVORABLE
RECOMMENDATION. >> I'M GOING TO ADD WITH THAT WITH YOU ADDING THE NOTICE REQUIREMENT, DO I HAVE A SECOND?
>> THANK YOU. >> ALL OF THESE SEVEN THE SUN WITH A FAVORABLE RECOMMENDATION ADDED PLEASE SAY AYE.
WE APPRECIATE YOUR WORK ON THIS. TO INTERESTING PETITIONS WITH
VERY DIFFERENT ANGLES. >> WE HAVE NO OTHER BUSINESS THIS EVENING
* This transcript was compiled from uncorrected Closed Captioning.