##VIDEO ID:uh5FfcbQF88## I want to call the or the regular meeting of Parker city council to order on November 19th 201 24 at 5:30 p.m. and I'll stand for the invocation please I guess I'll be doing it today Heavenly Father we come before you today in humility and faith we thank you for all you have given us and many blessings in our lives we ask for your guidance and strength show us the way and fill us with courage and wisdom give us the patience and understanding to face life's challenges with Grace we ask these things in your name amen am plge algi to the flag of the United States of America and to the for stands one nation under God indivisible liy and justice for all [Music] would you call the rooll please miss miss bford here Mr Chapel yeah Mr Haney here mayor proar here mayor Kelly is out um okay the next thing on the agenda is items from the audience and if there's anyone here that would like to speak about something that is not on our agenda tonight please come to the podium and um give your name and address and tell us what what you want to tell us nobody got nothing okay we'll move on to the first item on the agenda is a variance request for 4705 E6 Street and this has already been to the Planning Commission and they recommended it on October the 8th the 24 Council it's what you want to do do you want to what I'm understanding it's a pole barn right that's correct it's it's a pole bar being put up um she wants to put it 3 ft next to a shed within 3 ft and the ldr states that it should be 10 ft so there's a Varian test is all you know that has seven U requirements if you all choose to uh go through the variance test I can either go through them in or and I think you have an application for the variant so it's up to you madam chair what you what you want me to do well up to the council to see what you want to do do you want to go through the variance test or do you want do you feel like that um the other option is to go ahead and let them do it but that'd be up to the council to decide what you want to do given the L requirement you should go through the variance okay so the attorney's recommending that we go through the variance test for not not to go through the test um as as U you all will remember the burden proof and persuasion is on the applicant uh to prove by clear and convincing evidence uh each of the following there is a specific hardship affecting the development of the property resulting from the strict application of the provisions of the regulations that's number one number two the hardship is not a result of actions of the owner and is not based solely on a desire to reduce development cost number three the proposed variance is necessary to preserve a substantial property right where such property right is generally available to other property owners of adjacent or nearby Properties or other properties in the land use category number four the proposed variant will not materially increase congestion on surrounding streets increase the danger of fire or other Hazard or otherwise be detrimental to the health safety or welfare of the general public of or general welfare of the public I'm sorry the number five the proposed variance will be compatible with adjacent and nearby development and will not alter the the essential character of the land use District number six the effect of the proposed variance is consistent with the purposes of the of the regulations and number seven the effect of the proposed variance is consistent with the comprehensive plan so if you all determine that the applicant has shown by clear and convincing evidence uh that they met that burden uh then you could proceed if you determine they have not then the variance would not be granted and U and that would be the end of the application is do we have a representative here to you want to come can you come to the is this C Barn going to be at least 5 feet off the fence line oh yes you st name and address for the record 12 off5 Street it seems like I remember a fire department years ago had a issue with buildings being I think that may have been off the fence line but the the three foot from the the shed could you increase it to 5 foot and still be we still be off the property line but I mean it's an open pole it doesn't restrict anything it's no walls so even if you got a the shed catch is you can put there I mean I don't understand yes it could be 5T I mean we' still we're almost 20 off theer L next to it but and this this uh property doesn't join any other properties it's pretty much off the the end of Street we're at the End of the Street on the corner of West Corner West Park but the proposed place you want to put the pole barn is back left corner and there's nothing behind there's an apartment but she's already been up here and said she has no problem because we're not coming close to it you know um and then the um SS is built next to us but they're not anywhere near there they have a privacy but we're way off it I went by there today and uh I uh see no problem with putting it there um actually they got a lot of land there so it's it's really not going to U crowd the land or nothing like that it's not a traffic area no it's not a traffic area and it actually makes the most sense to put it back there in that corner if you look at our yards and Landscaping and everything that's tucked out of the way well after reading her answers to her variance request and saying her the extent she's done to plan this I'd make a motion to be approve her variance request second we got a motion in a second would you take the yes Mr Chapel yes Mr Haney yes Miss Barrow yes May okay got it okay the next agenda item is uh public hearing for for the second reading of the 2024 422 ordinance and now I'll open up the public hearing so if there's anyone here that would like to speak on this uh ordinance please come to the podium and state your name and address Paul Palmer and this is going to be a different talk that I do because there's a lot of lessons learned I'd like to explain I've been involved in this project quite from time what's your address sir I'm sorry oh 11:35 West Street sorry I would ask that um it's gon to take a little bit longer than three minutes just bear with me because you'll you'll enjoy what I have to say was that okay as long as you don't take all night I won't take all night darling Okay so um you all know my involvement in this I'm I'm going to go a little over the history and some of the Lessons Learned in the process as we now near the final stages of this process I would like to discuss the journey and possible lessons learned today you will vote on needed changes to the comp plan to accommodate manufacturing aspects of Mr Santora's business I would like to step back a moment and reflect on the journey he bought the property January of 23 the Planning Commission which I was on reviewed it the Lu change in I think it was either February or March of 23rd and then we also reviewed the draft development order that was included with the packag bus because that's a requirement in order to make an J at that meeting of the Planning Commission I pointed out that the ldr and comp is that me no it's [Music] moving go ahead Paul it doesn't like me at the go ahead so at that meeting of the planet commission I did point out that the ldr and comp plan did not permit manufacturing Parker and we voted three to2 to deny now here's where we get into like lesson so had we immediately started on the legal process to change the comp plan and had Mr centor been more willing to compromise on his proposed do specifically use of city streets and issues with the groundwater irigation and stormation we would have had a community community meeting early on and we were hearing we hearing all sides come up with the compromises and I believe he would have been in his Factory before last December so I so the lesson is follow the procedures in the ldr comp they clearly stated we shouldn't have spent so much time trying to avoid it and I could have my time not spending money hiring a lawyer to fighter number two problem with the proposed change that I have is by granting the comp plan change we are now permitting other existing General commercial properties that border a city street to use a city street for Commerce now that is not contained within the comp plan but that is a provision that was made in the ldr uh with um uh um ordinance 2024 421 that's where we allowed less than four whee vehicles to come down um and now embedded in the comp plan historically and in state regulations the state has always tried to preserve a separation of the residential areas from the commercial areas and that's why for until this particular reading this till this particular incident sentur property we're now broaching that by by no longer do they have to restrict their property to uh the state roads or the county roads okay and the city was advised to perform an impact statement on the other General commercial properties I I'm sure you guys are aware of the letter that was sent from the Commerce department but basically they said hey you need to do a study to check this impact on others I don't believe that study was done I I understand but I'm just when you hear me out to the end you'll see why I'm bringing this up um the other the study uh the the the letter that I submitted that you have on your hands is a way to keep the what we've done on the West Street property the cor the old church from propagating to other areas in in Parker so yes I've had my concerns with the with the particular thing mostly due to water mitigation issues um and also to the traffic but I didn't really have a serious problem with the project other than it was non-compliant with the ldr and the comp and we should change that before we tried to Grant the approval that's the procedure thing so a way to keep this problem from propagating would be to establish that are as an industrial Zone that takes a lot more time Etc but I'm just pointing out that's why you have that letter in front of you it's a a way to keep my foot in the door if I want to you know to continue to press the issue so I do have some concerns though in that um my principal objection to the changes that were made I'm I'm putting the comp plant and the ldr together because they they enable the comp plant enables in the ldr which then allows commercial traffic operating on the city streets access okay you understand what I'm saying no confusion okay so um since now he is going to be bringing his semi-trailers onto the property directly not using the city streets because it's prohibited and we noticed that the uh the property that was uh the new business in the G Coast place for a while we're using City Street they quit doing it but I sort of posted a couple pictures and say hey you guys aren't supposed to be parking trucks on our street they're blocking the stop sign so that's been resolved they're coming in and off he's going to be coming in off and I say well you know what there's no reason why his regular traffic can't come in and off and not turn our city street into a trafficed corridor for a commercial business um if there if this was done I would withdraw my need to continue holding any uh um um what would you call it um I can't remember what the word is standing that's why that is in there now um I would like to so that's item number two item I hope I'm not pissing anybody off of my conversation but this is my my talk about why I did everything that I did and okay so I have expressed concerns about the ground water mitigation issue now this is not in the comp plant nor the ldr but I don't believe we're going to have new hearing on the on the development order is that the true statement uh Mr Palmer this is your public hearing okay all right so so what I would like to do is to bring this point up so when Mr santor did his groundwater analysis for computing storm water medication and uh groundwater migration issues he he came up with that the depth of the water table below ground level was 15 16 foot okay that is so out of the line with all the other properties along that line and then Joe H power made a presentation and saying this is due to the purging station for all of you don't aware but the the purging station is located on the corner of that property and it is used to mitigate some old damage from fuel tanks Beed underground and leaked Etc so it's a process where they pump water up and then they also Pump Air in but Pump Air in sort of comes the top pushes the groundwater table lower so Joe hbar hbar had said that the groundwater table there is probably closer to three foot below the ground level and this has dramatic effects on what type of water mitigation system he uses okay if he gets it wrong we may have the same problem that we had uh by the school on Lake Drive where the where the wrong kind of uh storm water mitigation created a ground current which under under uh under the road okay I made a long presentation with a slideshow about that okay anyway so what I'd ask that if we do have a new thing that that that they that they do take additional measurements to look to see if that groundwater table really is indeed 15 foot if it is 15 foot the kind of pond structure they put in is absolutely uh perfect but if it isn't and it's closer to like three or four foot like like at the pond that we put in next to Cherry Hill then a different solution would be required I also think that if he if he can bring his semi trucks through on the uh off of 98 that he could bring his other traffic off uh of magate and avoid Crossing that barrier that has been in place since we've been in Parker of not having your commercial access on our city streets so that is um that is my my well thank you for listening to me and thank you for giving me a little extra time to talk thank you Mr does anyone else like to speak on this I'll close the public hearing and and just uh to bring the council up to speed did you remember you had a uh the Planning Commission had a public hearing uh on the proposed amendment to the comprehensive plan which is all we're talking about tonight in TW uh ordinance 2024 d422 you had a first public hearing uh on August 6 2024 we sent it to the state planning agency land planning agency which is Department of Commerce uh they distributed it to other departments we received one separate uh comment about uh a change in the law that uh will be added uh the next time we do a major update to the comprehensive plan um and that was it so this ordinance is the culmination of that uh the language was cleaned up a little bit uh to clarify uh how it mobile home park it said mobile home parks and subdivisions before relative to uh mobile home park so I've made it clear that it's just Mobile Home Park parts that would be in the uh commercial land use District so uh this ordinance uh is before yall tonight for your consideration you've heard Mr Palmer all the uh materials that have been presented to you over time would be part of the public record and part of the record in this proceeding uh and so uh Madam chair you would need a motion to read and then if so you so choose Council so chooses a motion to adopt motion read we have first and second take the vote please m m bford yes Mr Chapel yes Mr Haney yes mayor protan bar yes ordinance number 2024 d422 an ordinance amending comprehensive plan of the city of Parker specifically to clarify allowable uses in a commercial land use district and revise the goals objectives and policies of the various elements providing for cability repealing all ordinances in conflict herewith and providing for an effective date motion adopt think you public yeah okay okay um you already made a motion you second we got a motion in a second to adopt would you take the vote please miss bord yes Mr Chapel yes Mr Haney yes mayor Pro bar yes that's only things we have on the agenda tonight is there anything Mr Chapel you need to bring up is there anything you need to bring up tonight that's all we got on the agenda no I I think U other than your Christmas lighting ceremony you got anything you ain't got nothing well all I got to say is the uh Christmas lighting is on December the 7th the usual time we have it at 5: to 7: over in the park long as it don't rain Santa Claus and hay ride and all that will be going on we always do so that's about all I got to then the mayor will be back um he should be back by Monday um so I guess that'll be it