Floyd County Plan Commission
Live stream not working in Chrome or Edge?
Troubleshooting steps
In your browser: open Menu (three dots) → Settings → System → turn off “Use graphics acceleration when available.” Then restart the browser.
Transcript
| Well, she's like. | 00:00:04 | |
| They see what there's. | 00:00:15 | |
| All right. | 00:00:30 | |
| Call to order the. | 00:00:32 | |
| December 8th. | 00:00:35 | |
| 2025 Floyd County Plan Commission meeting. | 00:00:36 | |
| At this time, I like everybody to stand and we'll do the pledge allegiance, please. | 00:00:40 | |
| Pledge allegiance to the flag. | 00:00:44 | |
| United States of America. | 00:00:47 | |
| And to the Republic for which it stands. | 00:00:48 | |
| One nation under God. | 00:00:51 | |
| Indivisible. | 00:00:53 | |
| Liberty and justice. | 00:00:54 | |
| Thank you guys. | 00:00:56 | |
| All right. Can we do roll call please? | 00:00:59 | |
| Here. | 00:01:02 | |
| Here. | 00:01:04 | |
| Here. | 00:01:05 | |
| Here. | 00:01:08 | |
| Here. | 00:01:11 | |
| Here. All right. | 00:01:13 | |
| OK, this time we have the minutes for the November 10th, 2025 meeting. Y'all have time to review those any? | 00:01:19 | |
| Comments before I ask for a vote. | 00:01:26 | |
| If not. | 00:01:29 | |
| All righty, I got a motion. I need a second. | 00:01:30 | |
| I'll second. | 00:01:34 | |
| All in favor signify by aye aye. Those opposed likewise thank you. | 00:01:35 | |
| All right. | 00:01:40 | |
| OK, all righty. First I know the agenda is. | 00:02:09 | |
| Old business. | 00:02:15 | |
| None. | 00:02:17 | |
| All right. So we're going to go to the new business at this time, I think. | 00:02:19 | |
| It's that we've. | 00:02:22 | |
| Agenda item number one FC-11-205-35. | 00:02:24 | |
| We are going to table that. Is that a correct? | 00:02:28 | |
| And do we need to get the applicant to? | 00:02:31 | |
| Agree with that or it's good. | 00:02:34 | |
| OK, Yeah. | 00:02:37 | |
| Good evening, Jason Copper Weight, 1000 Bell Lane, Paul Primavera and Associates. | 00:02:40 | |
| Is that the 2 lot 233? | 00:02:45 | |
| Yes. | 00:02:48 | |
| Yes, we would like that to be taken, please. | 00:02:48 | |
| OK. Do we need a motion on that? OK, OK, go ahead, Nick. | 00:02:51 | |
| When would you like it to the next meeting? | 00:03:00 | |
| Yeah, I was just clarifying. | 00:03:03 | |
| OK, I need I need a motion. | 00:03:06 | |
| To have agenda item number one, move till. | 00:03:08 | |
| A table till it's January. | 00:03:13 | |
| Make motion. | 00:03:14 | |
| OK, we have a motion, only a second. | 00:03:16 | |
| Second. OK, I have a second on this end. | 00:03:18 | |
| All in favor signify by aye. | 00:03:22 | |
| All right, those opposed likewise. | 00:03:24 | |
| Thank you. | 00:03:26 | |
| All right, so we'll go with agenda item number 2. | 00:03:28 | |
| FC-11-205-36. | 00:03:31 | |
| Administrative subdivision applicant is questioning to replant. | 00:03:35 | |
| Of the subdivision on Legacy Springs lot. | 00:03:38 | |
| 252. | 00:03:41 | |
| James Sin 1209 Krone Rd. Lanesville, IN. | 00:03:42 | |
| Good evening. So the zoning district is agricultural residential. I'm going to go into the overview the petitioners requesting to | 00:03:47 | |
| vacate the existing 30 foot drainage easement. | 00:03:51 | |
| Located on Lot 252 within the Legacy Screen subdivision and rededicated near 30 foot. | 00:03:56 | |
| Drainage easement further. | 00:04:01 | |
| The applicant states that the stream has been mitigated in consultation with and with approval from both the Army Corps of | 00:04:03 | |
| Engineers and ITEM. | 00:04:07 | |
| This modification is intended ensure that the proposed Home unlocked 252 would not be located within the current easement area | 00:04:11 | |
| that contains the stream. | 00:04:15 | |
| And also to accurately reflect the updated easement location in accordance with the Army Corps of Engineers and items approved and | 00:04:19 | |
| mitigated. | 00:04:22 | |
| Our mitigation area. | 00:04:25 | |
| The Stormwater Board has already approved the rededicated drainage easement. | 00:04:26 | |
| So I'm going to go into the staff comments. | 00:04:30 | |
| For vacation. | 00:04:32 | |
| One, the conditions in the platted area have not changed as to defeat or so as to defeat the original purpose of the plat because. | 00:04:34 | |
| Hotlines will not be modified. | 00:04:42 | |
| In the modification of the subdivision will allow for the rededication of an existing easement to allow for residents to be built | 00:04:44 | |
| while also adequately addressing stormwater protection. | 00:04:48 | |
| Two, it is in the IT is in the public interest to vacate all are part of the plot because. | 00:04:53 | |
| Vacating part of the pilot will allow the lot to be billable while on for development. | 00:04:59 | |
| Of a residence that will not be located within the drainage easement. | 00:05:03 | |
| #3 the value of the part of the land. | 00:05:07 | |
| In the Platte not owned by the petitioner. | 00:05:09 | |
| Will not be diminished by vacation because. | 00:05:12 | |
| Sorry, there's no feedback. | 00:05:17 | |
| The value of the land not owned by the petitioner will not be diminished as the proposed drainage easement modification will | 00:05:18 | |
| continue to ensure adequate. | 00:05:22 | |
| Stormwater management information for neighboring properties. | 00:05:25 | |
| Additionally allowing the lot to be developed within. | 00:05:28 | |
| Sorry with a single family residence may enhance neighborhood cohesion. That's currently the lot is vacant. | 00:05:32 | |
| Which in turn may potentially increase surrounding poverty dogs. | 00:05:37 | |
| So now I'm going to go to staff comments for minor subdivision. | 00:05:43 | |
| The plan has submitted it does comply with the lot size standards because. | 00:05:46 | |
| There are no proposed changes to previously approved lot sizes. | 00:05:50 | |
| Applied. Estimated. | 00:05:53 | |
| Does comply with the street design standards because. | 00:05:55 | |
| No modifications to the streets are proposed. Streets will remain public. Legacy Springs. Sorry, I was #2. | 00:05:58 | |
| Three, the plan is submitted does comply with the easements. | 00:06:03 | |
| Standards because. | 00:06:06 | |
| There are no changes to originally approved easements. | 00:06:09 | |
| #4 the plat estimated does comply with the block standards because. | 00:06:15 | |
| The plot will remain accessible via the subdivision St. | 00:06:20 | |
| Number six, the plat has submitted. | 00:06:23 | |
| Does provide St. improvements as required by ordinance? | 00:06:25 | |
| Because. | 00:06:28 | |
| No modifications to the previously approved streets were proposed. | 00:06:29 | |
| Streets will remain public. | 00:06:31 | |
| #7. | 00:06:33 | |
| The plat estimated does comply water supply standards because. | 00:06:34 | |
| Previous approvals included verification of service providers and #8 the plat has submitted. | 00:06:38 | |
| Is suitable for sewage and wastewater containment because. | 00:06:44 | |
| Previous approvals included verification of service providers, so for the staff recommendations. | 00:06:47 | |
| I did state prior to seating, secondary approval and final plat approval from the county commissioners, the applicant must submit | 00:06:52 | |
| documentation or communication from both item. | 00:06:57 | |
| And the Army Corps of Engineers granted approval of the stream mitigation which they have submitted today, and that should be | 00:07:02 | |
| before you. | 00:07:05 | |
| All right. Does anybody have any questions for Ray? | 00:07:09 | |
| At this time, anybody on the board? | 00:07:15 | |
| Looks like you're out. Yeah. And I spoke with county engineer Horatio Greta, who verified those documents to. | 00:07:19 | |
| Granted approval for that mitigated area. | 00:07:26 | |
| All right. Thank you. | 00:07:28 | |
| All right, at this time of the applicant like to come up and state your name and address for the record. | 00:07:30 | |
| And present your. | 00:07:34 | |
| Agenda item. | 00:07:36 | |
| Chair, Good evening again, Jason, Copper Week, Paul Primavera and Associates, 1000 Bell Lane, New Albany. With me also is Jim Sin. | 00:07:37 | |
| JS Associates, LLC. | 00:07:44 | |
| I'm not sure how many of you were here when Legacy Springs was approved, but it was all. | 00:07:48 | |
| I think it was an 08 or 07 maybe. | 00:07:52 | |
| And it got it got platted, and then they began development. | 00:07:55 | |
| And this was sort of during that time period where we were all learning about what waters of the US. | 00:07:59 | |
| Are and. | 00:08:04 | |
| So there were some work going on in some streams that we didn't know were streams. | 00:08:07 | |
| Those got identified and. | 00:08:10 | |
| The core came down and and and looked at what Mr. SIM was doing. He hired a Red Wing Ecological Services at that time to. | 00:08:14 | |
| To get a permit, develop a mitigation plan and all those things. | 00:08:22 | |
| During that process for Lot 252, which we're talking about. | 00:08:26 | |
| He said. You know, that lot is really tight. | 00:08:30 | |
| What if we moved that stream back to make it more buildable? | 00:08:32 | |
| And so that was included in the in the permitting process. | 00:08:35 | |
| He did that. | 00:08:39 | |
| You did go through that process, did get those approvals. | 00:08:41 | |
| I did provide those to Ray earlier today. | 00:08:44 | |
| We played phone tag all last week or I would have had to him last week though. | 00:08:46 | |
| Paul yes, and I'm afraid. | 00:08:50 | |
| So I think he did, he did go ahead and construct that that realignment on 252. | 00:08:53 | |
| Along with the mitigation, I think he's very close to having his five year. | 00:08:59 | |
| Mitigation monitoring period upcoming in the near future. | 00:09:03 | |
| So he's done all that documented at all. | 00:09:06 | |
| Really this? | 00:09:10 | |
| Easement change again is just to realign where the original planet easement. | 00:09:11 | |
| Was. | 00:09:15 | |
| With where the actual stream is now. | 00:09:16 | |
| Based on the mitigation plan, so now it's in accordance with what's out there and would allow him to go ahead and build a house. | 00:09:18 | |
| 252 be happy to answer any question. | 00:09:24 | |
| All right. Any questions for the applicant? | 00:09:28 | |
| All right. Thank you. | 00:09:32 | |
| All right at this time. | 00:09:34 | |
| Like to open up the floor to anybody that would like to speak in favor of this agenda, Adam. | 00:09:38 | |
| That being the case, we'll close that portion. When now opening, I'd like to speak in. | 00:09:46 | |
| Opposition. | 00:09:51 | |
| Of this project. | 00:09:53 | |
| Come forward, state your name and address for the record. | 00:09:54 | |
| Good evening. Not necessarily. I'm not sure if I'm in opposition or not. My name is Zachary Riser. I live at 1477 Old Salem Rd. | 00:09:59 | |
| My lot backs up. | 00:10:07 | |
| To this line. | 00:10:09 | |
| And so I'm trying to understand I. | 00:10:11 | |
| Had not seen or heard the details of that. I thought with the letter I got to talk about zoning, moving it into a subdivision. | 00:10:14 | |
| What I'm hearing is that this is. | 00:10:20 | |
| Just to divert a stream or change an easement. | 00:10:22 | |
| And that gentleman mentioned that was the South. | 00:10:26 | |
| Easement. So that's. | 00:10:28 | |
| The the lot line that's next to the farm. | 00:10:32 | |
| Is that correct? | 00:10:36 | |
| Or do you have a drawing that I could? | 00:10:37 | |
| Just gander it please, Sir. Thank you. | 00:10:40 | |
| I didn't catch your first name, though you said you were. Thank you, Jason. | 00:10:43 | |
| Yes. | 00:10:48 | |
| Right back there again, yeah. | 00:10:49 | |
| So. | 00:10:52 | |
| There's that stream, so this is just moving this. | 00:10:53 | |
| You're not adjusting my boundary correct? Correct. Or there's already a 20? | 00:10:56 | |
| Put drainage and utility easement between these two. | 00:11:00 | |
| OK. And then this is just So what they're just moving Earth, I guess to? | 00:11:03 | |
| No, this should already been done. So this is this is where the stream was before they began the subdivision and then they moved | 00:11:08 | |
| it over here. | 00:11:12 | |
| Realigning. | 00:11:16 | |
| Gotcha. OK, that's all this is. All right. I'm going to give you this back, Sir. | 00:11:19 | |
| I don't guess I'm in opposition, just definitely interested about. | 00:11:24 | |
| A place near where I live. I just moved over here about a year ago. No problem whatsoever. We appreciate your comments, thank you. | 00:11:29 | |
| Anybody else like to come forward? | 00:11:38 | |
| All righty. I don't see any reason for that to come back. You just answered his questions for him, so you good? OK. | 00:11:42 | |
| All right at this time. | 00:11:49 | |
| We'd like to need a ballot, right? | 00:11:51 | |
| All right, I didn't prove I have a belt, Right? All right, there you go. | 00:11:54 | |
| Good, Mr. Liu, we'd like to hear your ballot. | 00:12:01 | |
| This is on FC 1125.36, correct? | 00:12:05 | |
| That's correct. | 00:12:10 | |
| OK, after review. | 00:12:11 | |
| A #1 The plot has. | 00:12:15 | |
| As submitted, does comply with the lock size standards. | 00:12:17 | |
| Because there was no proposed changes as previously. | 00:12:21 | |
| Approved lot sizes. | 00:12:24 | |
| #2. | 00:12:26 | |
| The Plat has submitted does comply with the street design standards. | 00:12:28 | |
| No modifications to the streets or proposed streets will remain public and Legacy Springs. | 00:12:33 | |
| #3 The plat has submitted does comply with the easement standards because no changes to originally approved easements have been | 00:12:40 | |
| made. | 00:12:44 | |
| #4. | 00:12:51 | |
| Flat is submitted does comply. | 00:12:52 | |
| To the block standards because the plat will remain accessible via the subdivision St. | 00:12:55 | |
| Five, the plan has submitted does provide St. improvements as required by ordinance. | 00:13:02 | |
| Because no modifications to the previously approved streets were proposed. | 00:13:08 | |
| 6 the Plat has submitted does comply with the water supply standards. | 00:13:14 | |
| Previous approvals included verification service providers. | 00:13:19 | |
| And seven, the plat has submitted is suitable for sewage water containment because previous approvals included. | 00:13:23 | |
| Verification. | 00:13:30 | |
| So that's my. | 00:13:34 | |
| So on the staff comments there are. | 00:13:39 | |
| Yeah, that was. | 00:13:41 | |
| #3 so #4 technically is part of #3 SC. | 00:13:45 | |
| #4 is part of three in the staff report. | 00:13:49 | |
| Yeah, well, that's what we were just talking about. | 00:13:54 | |
| OK, we good. | 00:13:56 | |
| Yes, I think. | 00:13:57 | |
| OK. And. | 00:13:59 | |
| No conditions. | 00:14:00 | |
| Frank. | 00:14:01 | |
| No. OK. All right. Well, I need a second. That's a second. | 00:14:03 | |
| In any discussion. | 00:14:08 | |
| OK, I'll I do have condition. | 00:14:10 | |
| But I think we've received them. The applicant has to submit documentation or communication. | 00:14:14 | |
| From IDEM and the US Army Corps engineers training for extreme mitigation, which we did receive today. | 00:14:19 | |
| So you can take that off. | 00:14:26 | |
| Yeah. | 00:14:28 | |
| OK, I have a second all in favor. | 00:14:30 | |
| Signify by aye aye, those opposed likewise. | 00:14:32 | |
| All right. Thank you. | 00:14:37 | |
| All right. | 00:14:38 | |
| OK. | 00:14:40 | |
| All right, next item on the agenda is item 3. | 00:14:44 | |
| Meeting and and schedule. | 00:14:49 | |
| Have you all looked at the meetings? | 00:14:51 | |
| For the upcoming year, is that correct 26? | 00:14:53 | |
| Y'all take a look at it? | 00:14:56 | |
| Do we need a vote on that? | 00:14:58 | |
| Yes. | 00:15:00 | |
| We need a motion to accept the meeting schedule. | 00:15:01 | |
| Make the motion exception except. | 00:15:03 | |
| We have a. | 00:15:07 | |
| Motion, I need a second. | 00:15:08 | |
| 2nd. | 00:15:10 | |
| Do have a second all in favor signify by. | 00:15:11 | |
| Those opposed likewise. | 00:15:15 | |
| Passes. Thank you. | 00:15:16 | |
| All right, agenda item number 4. | 00:15:18 | |
| Legal counsel contract. | 00:15:21 | |
| And Miss Fox is OK to stay here, is that correct? | 00:15:23 | |
| Why would you bipolar this? OK I just want to make sure. | 00:15:27 | |
| All right, you can ask me. I just want to make sure I'm not doing anything wrong. | 00:15:29 | |
| All right, so. | 00:15:38 | |
| If you offer editors reader contract. | 00:15:40 | |
| If you haven't. | 00:15:42 | |
| Do you want me? Just gotta. | 00:15:44 | |
| Go through the basics of it. I mean, it's pretty simple. | 00:15:46 | |
| Yeah. Well, the BCA has to make a recommendation as they did at the meeting prior to this. | 00:15:51 | |
| So now we approve it so. | 00:15:56 | |
| It does. We don't really need to go over it. If you all reviewed it, that's good. I will state that it's. | 00:15:58 | |
| Pretty much the same as the previous contract. It's a two year term. | 00:16:04 | |
| There was a couple of small changes. | 00:16:09 | |
| 1. | 00:16:12 | |
| Was the the backup attorney? | 00:16:13 | |
| This modifies missing. | 00:16:18 | |
| Agreement. | 00:16:19 | |
| I was previously Rick Fox. | 00:16:21 | |
| Rick will not be. | 00:16:23 | |
| Holding that position so. | 00:16:25 | |
| It'll be somebody else to be determined. | 00:16:27 | |
| And then her hourly, hourly rate. | 00:16:30 | |
| Has gone up to 165 dollars. | 00:16:34 | |
| From 1:50, correct? | 00:16:36 | |
| In my entire time here, it hasn't gone up. | 00:16:39 | |
| So I don't think that's inappropriate. The base rate for the not to exceed is the same. | 00:16:41 | |
| The the total hours was adjusted down so if it was to exceed that amount. | 00:16:47 | |
| It wouldn't be approved. | 00:16:52 | |
| Any questions? | 00:16:56 | |
| On that. | 00:16:58 | |
| I need I need a motion to approve the legal counsel contract. | 00:17:00 | |
| I make a motion. We approve the legal contract. | 00:17:04 | |
| Way of a way of emotion and 2nd all in favor signify by aye. | 00:17:07 | |
| Aye, those opposed likewise. They pass. | 00:17:11 | |
| Welcome back. Thank you. Thank you. | 00:17:14 | |
| OK. | 00:17:17 | |
| Looks like to me that's the last thing on the agenda. So if. | 00:17:19 | |
| Before we close. | 00:17:25 | |
| Everybody have a good holiday. | 00:17:28 | |
| Enjoy and see you back next year. I need a motion to adjourn. | 00:17:30 | |
| Motion to adjourn Second. | 00:17:34 | |
| 2nd. | 00:17:37 | |
| All in favor signify by aye. | 00:17:38 | |
| Aye, opposed likewise. Thank you. | 00:17:41 | |
| All right, Harrison, if we have enough signatures on that picture? | 00:17:43 |
* use Ctrl+F (Cmd+F on Mac) to search in document
Loading...
Document list
| Document Name | Document type | |
|---|---|---|
| PC/BZA 2026 Submission Schedule | General Document | |
| Floyd County PC/BZA Contract 2026-2027 | General Document | |
| FC-11-25-36 Legacy Springs- Lot 252 Replat | General Document | |
| FC-11-25-35 Legacy Springs- Lot 233 Replat | General Document |
Transcript
| Well, she's like. | 00:00:04 | |
| They see what there's. | 00:00:15 | |
| All right. | 00:00:30 | |
| Call to order the. | 00:00:32 | |
| December 8th. | 00:00:35 | |
| 2025 Floyd County Plan Commission meeting. | 00:00:36 | |
| At this time, I like everybody to stand and we'll do the pledge allegiance, please. | 00:00:40 | |
| Pledge allegiance to the flag. | 00:00:44 | |
| United States of America. | 00:00:47 | |
| And to the Republic for which it stands. | 00:00:48 | |
| One nation under God. | 00:00:51 | |
| Indivisible. | 00:00:53 | |
| Liberty and justice. | 00:00:54 | |
| Thank you guys. | 00:00:56 | |
| All right. Can we do roll call please? | 00:00:59 | |
| Here. | 00:01:02 | |
| Here. | 00:01:04 | |
| Here. | 00:01:05 | |
| Here. | 00:01:08 | |
| Here. | 00:01:11 | |
| Here. All right. | 00:01:13 | |
| OK, this time we have the minutes for the November 10th, 2025 meeting. Y'all have time to review those any? | 00:01:19 | |
| Comments before I ask for a vote. | 00:01:26 | |
| If not. | 00:01:29 | |
| All righty, I got a motion. I need a second. | 00:01:30 | |
| I'll second. | 00:01:34 | |
| All in favor signify by aye aye. Those opposed likewise thank you. | 00:01:35 | |
| All right. | 00:01:40 | |
| OK, all righty. First I know the agenda is. | 00:02:09 | |
| Old business. | 00:02:15 | |
| None. | 00:02:17 | |
| All right. So we're going to go to the new business at this time, I think. | 00:02:19 | |
| It's that we've. | 00:02:22 | |
| Agenda item number one FC-11-205-35. | 00:02:24 | |
| We are going to table that. Is that a correct? | 00:02:28 | |
| And do we need to get the applicant to? | 00:02:31 | |
| Agree with that or it's good. | 00:02:34 | |
| OK, Yeah. | 00:02:37 | |
| Good evening, Jason Copper Weight, 1000 Bell Lane, Paul Primavera and Associates. | 00:02:40 | |
| Is that the 2 lot 233? | 00:02:45 | |
| Yes. | 00:02:48 | |
| Yes, we would like that to be taken, please. | 00:02:48 | |
| OK. Do we need a motion on that? OK, OK, go ahead, Nick. | 00:02:51 | |
| When would you like it to the next meeting? | 00:03:00 | |
| Yeah, I was just clarifying. | 00:03:03 | |
| OK, I need I need a motion. | 00:03:06 | |
| To have agenda item number one, move till. | 00:03:08 | |
| A table till it's January. | 00:03:13 | |
| Make motion. | 00:03:14 | |
| OK, we have a motion, only a second. | 00:03:16 | |
| Second. OK, I have a second on this end. | 00:03:18 | |
| All in favor signify by aye. | 00:03:22 | |
| All right, those opposed likewise. | 00:03:24 | |
| Thank you. | 00:03:26 | |
| All right, so we'll go with agenda item number 2. | 00:03:28 | |
| FC-11-205-36. | 00:03:31 | |
| Administrative subdivision applicant is questioning to replant. | 00:03:35 | |
| Of the subdivision on Legacy Springs lot. | 00:03:38 | |
| 252. | 00:03:41 | |
| James Sin 1209 Krone Rd. Lanesville, IN. | 00:03:42 | |
| Good evening. So the zoning district is agricultural residential. I'm going to go into the overview the petitioners requesting to | 00:03:47 | |
| vacate the existing 30 foot drainage easement. | 00:03:51 | |
| Located on Lot 252 within the Legacy Screen subdivision and rededicated near 30 foot. | 00:03:56 | |
| Drainage easement further. | 00:04:01 | |
| The applicant states that the stream has been mitigated in consultation with and with approval from both the Army Corps of | 00:04:03 | |
| Engineers and ITEM. | 00:04:07 | |
| This modification is intended ensure that the proposed Home unlocked 252 would not be located within the current easement area | 00:04:11 | |
| that contains the stream. | 00:04:15 | |
| And also to accurately reflect the updated easement location in accordance with the Army Corps of Engineers and items approved and | 00:04:19 | |
| mitigated. | 00:04:22 | |
| Our mitigation area. | 00:04:25 | |
| The Stormwater Board has already approved the rededicated drainage easement. | 00:04:26 | |
| So I'm going to go into the staff comments. | 00:04:30 | |
| For vacation. | 00:04:32 | |
| One, the conditions in the platted area have not changed as to defeat or so as to defeat the original purpose of the plat because. | 00:04:34 | |
| Hotlines will not be modified. | 00:04:42 | |
| In the modification of the subdivision will allow for the rededication of an existing easement to allow for residents to be built | 00:04:44 | |
| while also adequately addressing stormwater protection. | 00:04:48 | |
| Two, it is in the IT is in the public interest to vacate all are part of the plot because. | 00:04:53 | |
| Vacating part of the pilot will allow the lot to be billable while on for development. | 00:04:59 | |
| Of a residence that will not be located within the drainage easement. | 00:05:03 | |
| #3 the value of the part of the land. | 00:05:07 | |
| In the Platte not owned by the petitioner. | 00:05:09 | |
| Will not be diminished by vacation because. | 00:05:12 | |
| Sorry, there's no feedback. | 00:05:17 | |
| The value of the land not owned by the petitioner will not be diminished as the proposed drainage easement modification will | 00:05:18 | |
| continue to ensure adequate. | 00:05:22 | |
| Stormwater management information for neighboring properties. | 00:05:25 | |
| Additionally allowing the lot to be developed within. | 00:05:28 | |
| Sorry with a single family residence may enhance neighborhood cohesion. That's currently the lot is vacant. | 00:05:32 | |
| Which in turn may potentially increase surrounding poverty dogs. | 00:05:37 | |
| So now I'm going to go to staff comments for minor subdivision. | 00:05:43 | |
| The plan has submitted it does comply with the lot size standards because. | 00:05:46 | |
| There are no proposed changes to previously approved lot sizes. | 00:05:50 | |
| Applied. Estimated. | 00:05:53 | |
| Does comply with the street design standards because. | 00:05:55 | |
| No modifications to the streets are proposed. Streets will remain public. Legacy Springs. Sorry, I was #2. | 00:05:58 | |
| Three, the plan is submitted does comply with the easements. | 00:06:03 | |
| Standards because. | 00:06:06 | |
| There are no changes to originally approved easements. | 00:06:09 | |
| #4 the plat estimated does comply with the block standards because. | 00:06:15 | |
| The plot will remain accessible via the subdivision St. | 00:06:20 | |
| Number six, the plat has submitted. | 00:06:23 | |
| Does provide St. improvements as required by ordinance? | 00:06:25 | |
| Because. | 00:06:28 | |
| No modifications to the previously approved streets were proposed. | 00:06:29 | |
| Streets will remain public. | 00:06:31 | |
| #7. | 00:06:33 | |
| The plat estimated does comply water supply standards because. | 00:06:34 | |
| Previous approvals included verification of service providers and #8 the plat has submitted. | 00:06:38 | |
| Is suitable for sewage and wastewater containment because. | 00:06:44 | |
| Previous approvals included verification of service providers, so for the staff recommendations. | 00:06:47 | |
| I did state prior to seating, secondary approval and final plat approval from the county commissioners, the applicant must submit | 00:06:52 | |
| documentation or communication from both item. | 00:06:57 | |
| And the Army Corps of Engineers granted approval of the stream mitigation which they have submitted today, and that should be | 00:07:02 | |
| before you. | 00:07:05 | |
| All right. Does anybody have any questions for Ray? | 00:07:09 | |
| At this time, anybody on the board? | 00:07:15 | |
| Looks like you're out. Yeah. And I spoke with county engineer Horatio Greta, who verified those documents to. | 00:07:19 | |
| Granted approval for that mitigated area. | 00:07:26 | |
| All right. Thank you. | 00:07:28 | |
| All right, at this time of the applicant like to come up and state your name and address for the record. | 00:07:30 | |
| And present your. | 00:07:34 | |
| Agenda item. | 00:07:36 | |
| Chair, Good evening again, Jason, Copper Week, Paul Primavera and Associates, 1000 Bell Lane, New Albany. With me also is Jim Sin. | 00:07:37 | |
| JS Associates, LLC. | 00:07:44 | |
| I'm not sure how many of you were here when Legacy Springs was approved, but it was all. | 00:07:48 | |
| I think it was an 08 or 07 maybe. | 00:07:52 | |
| And it got it got platted, and then they began development. | 00:07:55 | |
| And this was sort of during that time period where we were all learning about what waters of the US. | 00:07:59 | |
| Are and. | 00:08:04 | |
| So there were some work going on in some streams that we didn't know were streams. | 00:08:07 | |
| Those got identified and. | 00:08:10 | |
| The core came down and and and looked at what Mr. SIM was doing. He hired a Red Wing Ecological Services at that time to. | 00:08:14 | |
| To get a permit, develop a mitigation plan and all those things. | 00:08:22 | |
| During that process for Lot 252, which we're talking about. | 00:08:26 | |
| He said. You know, that lot is really tight. | 00:08:30 | |
| What if we moved that stream back to make it more buildable? | 00:08:32 | |
| And so that was included in the in the permitting process. | 00:08:35 | |
| He did that. | 00:08:39 | |
| You did go through that process, did get those approvals. | 00:08:41 | |
| I did provide those to Ray earlier today. | 00:08:44 | |
| We played phone tag all last week or I would have had to him last week though. | 00:08:46 | |
| Paul yes, and I'm afraid. | 00:08:50 | |
| So I think he did, he did go ahead and construct that that realignment on 252. | 00:08:53 | |
| Along with the mitigation, I think he's very close to having his five year. | 00:08:59 | |
| Mitigation monitoring period upcoming in the near future. | 00:09:03 | |
| So he's done all that documented at all. | 00:09:06 | |
| Really this? | 00:09:10 | |
| Easement change again is just to realign where the original planet easement. | 00:09:11 | |
| Was. | 00:09:15 | |
| With where the actual stream is now. | 00:09:16 | |
| Based on the mitigation plan, so now it's in accordance with what's out there and would allow him to go ahead and build a house. | 00:09:18 | |
| 252 be happy to answer any question. | 00:09:24 | |
| All right. Any questions for the applicant? | 00:09:28 | |
| All right. Thank you. | 00:09:32 | |
| All right at this time. | 00:09:34 | |
| Like to open up the floor to anybody that would like to speak in favor of this agenda, Adam. | 00:09:38 | |
| That being the case, we'll close that portion. When now opening, I'd like to speak in. | 00:09:46 | |
| Opposition. | 00:09:51 | |
| Of this project. | 00:09:53 | |
| Come forward, state your name and address for the record. | 00:09:54 | |
| Good evening. Not necessarily. I'm not sure if I'm in opposition or not. My name is Zachary Riser. I live at 1477 Old Salem Rd. | 00:09:59 | |
| My lot backs up. | 00:10:07 | |
| To this line. | 00:10:09 | |
| And so I'm trying to understand I. | 00:10:11 | |
| Had not seen or heard the details of that. I thought with the letter I got to talk about zoning, moving it into a subdivision. | 00:10:14 | |
| What I'm hearing is that this is. | 00:10:20 | |
| Just to divert a stream or change an easement. | 00:10:22 | |
| And that gentleman mentioned that was the South. | 00:10:26 | |
| Easement. So that's. | 00:10:28 | |
| The the lot line that's next to the farm. | 00:10:32 | |
| Is that correct? | 00:10:36 | |
| Or do you have a drawing that I could? | 00:10:37 | |
| Just gander it please, Sir. Thank you. | 00:10:40 | |
| I didn't catch your first name, though you said you were. Thank you, Jason. | 00:10:43 | |
| Yes. | 00:10:48 | |
| Right back there again, yeah. | 00:10:49 | |
| So. | 00:10:52 | |
| There's that stream, so this is just moving this. | 00:10:53 | |
| You're not adjusting my boundary correct? Correct. Or there's already a 20? | 00:10:56 | |
| Put drainage and utility easement between these two. | 00:11:00 | |
| OK. And then this is just So what they're just moving Earth, I guess to? | 00:11:03 | |
| No, this should already been done. So this is this is where the stream was before they began the subdivision and then they moved | 00:11:08 | |
| it over here. | 00:11:12 | |
| Realigning. | 00:11:16 | |
| Gotcha. OK, that's all this is. All right. I'm going to give you this back, Sir. | 00:11:19 | |
| I don't guess I'm in opposition, just definitely interested about. | 00:11:24 | |
| A place near where I live. I just moved over here about a year ago. No problem whatsoever. We appreciate your comments, thank you. | 00:11:29 | |
| Anybody else like to come forward? | 00:11:38 | |
| All righty. I don't see any reason for that to come back. You just answered his questions for him, so you good? OK. | 00:11:42 | |
| All right at this time. | 00:11:49 | |
| We'd like to need a ballot, right? | 00:11:51 | |
| All right, I didn't prove I have a belt, Right? All right, there you go. | 00:11:54 | |
| Good, Mr. Liu, we'd like to hear your ballot. | 00:12:01 | |
| This is on FC 1125.36, correct? | 00:12:05 | |
| That's correct. | 00:12:10 | |
| OK, after review. | 00:12:11 | |
| A #1 The plot has. | 00:12:15 | |
| As submitted, does comply with the lock size standards. | 00:12:17 | |
| Because there was no proposed changes as previously. | 00:12:21 | |
| Approved lot sizes. | 00:12:24 | |
| #2. | 00:12:26 | |
| The Plat has submitted does comply with the street design standards. | 00:12:28 | |
| No modifications to the streets or proposed streets will remain public and Legacy Springs. | 00:12:33 | |
| #3 The plat has submitted does comply with the easement standards because no changes to originally approved easements have been | 00:12:40 | |
| made. | 00:12:44 | |
| #4. | 00:12:51 | |
| Flat is submitted does comply. | 00:12:52 | |
| To the block standards because the plat will remain accessible via the subdivision St. | 00:12:55 | |
| Five, the plan has submitted does provide St. improvements as required by ordinance. | 00:13:02 | |
| Because no modifications to the previously approved streets were proposed. | 00:13:08 | |
| 6 the Plat has submitted does comply with the water supply standards. | 00:13:14 | |
| Previous approvals included verification service providers. | 00:13:19 | |
| And seven, the plat has submitted is suitable for sewage water containment because previous approvals included. | 00:13:23 | |
| Verification. | 00:13:30 | |
| So that's my. | 00:13:34 | |
| So on the staff comments there are. | 00:13:39 | |
| Yeah, that was. | 00:13:41 | |
| #3 so #4 technically is part of #3 SC. | 00:13:45 | |
| #4 is part of three in the staff report. | 00:13:49 | |
| Yeah, well, that's what we were just talking about. | 00:13:54 | |
| OK, we good. | 00:13:56 | |
| Yes, I think. | 00:13:57 | |
| OK. And. | 00:13:59 | |
| No conditions. | 00:14:00 | |
| Frank. | 00:14:01 | |
| No. OK. All right. Well, I need a second. That's a second. | 00:14:03 | |
| In any discussion. | 00:14:08 | |
| OK, I'll I do have condition. | 00:14:10 | |
| But I think we've received them. The applicant has to submit documentation or communication. | 00:14:14 | |
| From IDEM and the US Army Corps engineers training for extreme mitigation, which we did receive today. | 00:14:19 | |
| So you can take that off. | 00:14:26 | |
| Yeah. | 00:14:28 | |
| OK, I have a second all in favor. | 00:14:30 | |
| Signify by aye aye, those opposed likewise. | 00:14:32 | |
| All right. Thank you. | 00:14:37 | |
| All right. | 00:14:38 | |
| OK. | 00:14:40 | |
| All right, next item on the agenda is item 3. | 00:14:44 | |
| Meeting and and schedule. | 00:14:49 | |
| Have you all looked at the meetings? | 00:14:51 | |
| For the upcoming year, is that correct 26? | 00:14:53 | |
| Y'all take a look at it? | 00:14:56 | |
| Do we need a vote on that? | 00:14:58 | |
| Yes. | 00:15:00 | |
| We need a motion to accept the meeting schedule. | 00:15:01 | |
| Make the motion exception except. | 00:15:03 | |
| We have a. | 00:15:07 | |
| Motion, I need a second. | 00:15:08 | |
| 2nd. | 00:15:10 | |
| Do have a second all in favor signify by. | 00:15:11 | |
| Those opposed likewise. | 00:15:15 | |
| Passes. Thank you. | 00:15:16 | |
| All right, agenda item number 4. | 00:15:18 | |
| Legal counsel contract. | 00:15:21 | |
| And Miss Fox is OK to stay here, is that correct? | 00:15:23 | |
| Why would you bipolar this? OK I just want to make sure. | 00:15:27 | |
| All right, you can ask me. I just want to make sure I'm not doing anything wrong. | 00:15:29 | |
| All right, so. | 00:15:38 | |
| If you offer editors reader contract. | 00:15:40 | |
| If you haven't. | 00:15:42 | |
| Do you want me? Just gotta. | 00:15:44 | |
| Go through the basics of it. I mean, it's pretty simple. | 00:15:46 | |
| Yeah. Well, the BCA has to make a recommendation as they did at the meeting prior to this. | 00:15:51 | |
| So now we approve it so. | 00:15:56 | |
| It does. We don't really need to go over it. If you all reviewed it, that's good. I will state that it's. | 00:15:58 | |
| Pretty much the same as the previous contract. It's a two year term. | 00:16:04 | |
| There was a couple of small changes. | 00:16:09 | |
| 1. | 00:16:12 | |
| Was the the backup attorney? | 00:16:13 | |
| This modifies missing. | 00:16:18 | |
| Agreement. | 00:16:19 | |
| I was previously Rick Fox. | 00:16:21 | |
| Rick will not be. | 00:16:23 | |
| Holding that position so. | 00:16:25 | |
| It'll be somebody else to be determined. | 00:16:27 | |
| And then her hourly, hourly rate. | 00:16:30 | |
| Has gone up to 165 dollars. | 00:16:34 | |
| From 1:50, correct? | 00:16:36 | |
| In my entire time here, it hasn't gone up. | 00:16:39 | |
| So I don't think that's inappropriate. The base rate for the not to exceed is the same. | 00:16:41 | |
| The the total hours was adjusted down so if it was to exceed that amount. | 00:16:47 | |
| It wouldn't be approved. | 00:16:52 | |
| Any questions? | 00:16:56 | |
| On that. | 00:16:58 | |
| I need I need a motion to approve the legal counsel contract. | 00:17:00 | |
| I make a motion. We approve the legal contract. | 00:17:04 | |
| Way of a way of emotion and 2nd all in favor signify by aye. | 00:17:07 | |
| Aye, those opposed likewise. They pass. | 00:17:11 | |
| Welcome back. Thank you. Thank you. | 00:17:14 | |
| OK. | 00:17:17 | |
| Looks like to me that's the last thing on the agenda. So if. | 00:17:19 | |
| Before we close. | 00:17:25 | |
| Everybody have a good holiday. | 00:17:28 | |
| Enjoy and see you back next year. I need a motion to adjourn. | 00:17:30 | |
| Motion to adjourn Second. | 00:17:34 | |
| 2nd. | 00:17:37 | |
| All in favor signify by aye. | 00:17:38 | |
| Aye, opposed likewise. Thank you. | 00:17:41 | |
| All right, Harrison, if we have enough signatures on that picture? | 00:17:43 |