[I. Call to Order]
[00:00:06]
RIGHT. WELL, WE WERE WAITING ON ONE PERSON WHO I THINK IS ON HER WAY, BUT WE WILL GO AHEAD AND START. AND WITH THAT, I'LL CALL TO ORDER THE SANDY SPRINGS PLANNING COMMISSION MEETING FOR WEDNESDAY, OCTOBER 22ND, AND TURN IT OVER FOR ANNOUNCEMENTS TO SAM. THANK YOU. CHAIR. GOOD EVENING, MISTER CHAIR. VICE CHAIR AND MEMBERS OF THE PLANNING COMMISSION. TODAY IS OCTOBER THE 22ND, 2025. PLEASE CONFIRM. CONFIRM YOUR ATTENDANCE AS I CALL YOUR NAME, CHAIRMAN HAGER. I'M HERE. VICE CHAIR ANDY PORTER HERE. COMMISSIONER. ROBIN CONKLIN HERE. COMMISSIONER. KAREN HERE. COMMISSIONER. SHARON CLEMENTS, COMMISSIONER. ELIZABETH KELLY, COMMISSIONER ANDREA SETTLES, AND SHE'LL BE IN SHORTLY. HERE. YOUR ATTENDANCE HAS BEEN CONFIRMED AND WILL BE INCLUDED IN THE OFFICIAL MEETING MINUTES. NOW, I WILL READ THE ANNOUNCEMENTS REGARDING THE DECORUM AND PROCEDURES OF THE PLANNING COMMISSION MEETING.
THE PLANNING COMMISSION'S DUTY IS TO REVIEW AND PROVIDE RECOMMENDATIONS ON APPLICATIONS OF LEGISLATIVE REVIEWS, INCLUDING TEXT AMENDMENTS, COMPREHENSIVE PLAN PLANS, CHARACTER AREA MAP AMENDMENTS, ZONING MAP AMENDMENTS, REZONING AND CONDITIONAL USE PERMITS.
THE PETITIONS WILL BE HEARD IN THE SEQUENCE LISTED ON THE POSTED AGENDA. FOLLOWING ARE SOME OF THE RULES AND PROCEDURES FOR THIS PART OF THE MEETING. THE APPLICANT AND ALL THOSE SPEAKING IN SUPPORT OF THE APPLICATION WILL BE ALLOWED A TOTAL OF TEN MINUTES TO PRESENT THEIR PETITION. THE APPLICANT MAY CHOOSE TO SAVE SOME OF THE TIME FOR REBUTTAL FOLLOWING THE PRESENTATION BY THE OPPOSITION, THE OPPOSITION WILL BE ALLOWED A TOTAL OF TEN MINUTES TO PRESENT ITS POSITION. SINCE THE BURDEN OF PROOF IS UPON THE APPLICANT, THE APPLICANT WILL BE ALLOWED TO MAKE CLOSING REMARKS PROVIDED TIME REMAINS FROM THE ORIGINAL ALLOTTED TIME. STAFF WILL KEEP TRACK OF THE TIME FOR BOTH SIDES. THOSE CALLED TO SPEAK WILL BE TAKEN IN THE ORDER THAT THE PUBLIC COMMENT CARDS WERE RECEIVED BY THE PLANNING AND ZONING CLERK PRIOR TO THE BEGINNING OF TONIGHT'S MEETING. ALL SPEAKERS WILL IDENTIFY THEMSELVES BY NAME, ADDRESS AND, IF APPLICABLE, ORGANIZATION. BEFORE BEGINNING THEIR PRESENTATION. DEMONSTRATION OF ANY SORT WITHIN THE CHAMBER IS PROHIBITED. SO PLEASE REFRAIN FROM ANY APPLAUSE, CHEERING, BOOING, OUTBURST OR DIALOG WHEN THE PERSON IS SPEAKING. PLEASE SHOW THE SAME RESPECT TO THE PERSON SPEAKING THAT YOU WILL EXPECT TO RECEIVE. RECEIVE. THE APPLICANT SHALL NOT SUBMIT MATERIALS TO THE PLANNING COMMISSION DURING THE MEETING.
ALL MATERIALS SHOULD BE SUBMITTED TO THE COMMUNITY DEVELOPMENT DEPARTMENT AT LEAST 30 DAYS PRIOR TO THE SCHEDULING MEETING FOR INCLUSION IN THE NORMAL DISTRIBUTION OF THE PACKAGE PACKAGES TO THE COMMISSION. THANK YOU. CHAIR. THANK YOU. AND WILL YOU PLEASE, FOR THE RECORD, NOTE THAT COMMISSIONER SETTLES IS PRESENT. THANK YOU. CHAIR. NOTED. WE
[III. Approval of Meeting Agenda ]
HAVE A MEETING AGENDA THAT INCLUDES ONE CASE TONIGHT, WHICH IS 6344 ROSWELL ROAD. SO AGENDA LOOKS FINE. SOMEONE MAKE A MOTION TO APPROVE THE AGENDA. TO APPROVE THE AGENDA. MISS HAS MADE IT SECOND BY MISS SETTLES. ALL IN FAVOR? AYE. SO MOVED. SO AGENDA IS APPROVED. I ALSO HAVE[IV. Approval of Meeting Minutes ]
MEETING MINUTES FROM OUR LAST MEETING, AND I SEE THAT SOME NAME CORRECTIONS WERE MADE. I APPRECIATE THAT. AND EVERYTHING IN THAT LOOKS ACCURATE TO ME. SO WITH THAT SOMEONE A MOTION TO APPROVE THE MINUTES FROM OUR LAST MEETING, WHICH WAS WHAT WAS THAT? AUGUST 20TH. YEAH.OOPS. SORRY. MOVE THAT WE APPROVE THE MINUTES FROM THE AUGUST 20TH MEETING. THANK YOU, MISS KELLY. A SECOND, SECOND, SECOND. ALL IN FAVOR? AYE. SO MOVED. ALRIGHT, SO WITH THAT, WE WILL CALL THE FIRST CASE BEFORE WE DO. I WAS APPROACHED BY STAFF THAT I UNDERSTAND THAT THE APPLICANT HAD A PRESENTATION AND BASED ON ITS ALMOST IDENTICAL NATURE IT SEEMS OR SIMILARITY TO STAFF'S PRESENTATION, I FELT THAT IT WAS APPROPRIATE FOR THEM TO BE ABLE TO MAKE THAT PRESENTATION. HOWEVER, LET ME MAKE CLEAR TO YOU, WHEN YOU DO COME BEFORE THE MAYOR AND CITY COUNCIL, THEY'RE NOT SO WELCOMING ON THAT. SO MAKE SURE THAT YOU'VE CROSSED YOUR T'S AND DOTTED YOUR EYES IN ADVANCE. AS SAM POINTED OUT, THE TIMELINES THAT
[V. Cases ]
[00:05:05]
ARE BEFORE THAT. OKAY. ALL RIGHT. SO SAM, LET'S CALL THAT FIRST CASE. THANK YOU. CHAIR, I KNOW WE'LL FIND THIS EARTH SHATTERING, BUT I'M STRUGGLING WITH MY COMPUTER RIGHT HERE.I'LL BE RIGHT THERE. HOLD ON. THANKS, SAM. APPRECIATE IT. YEAH. WE'LL HAVE TO PAUSE THE SUSPENSION. WE'LL BUILD. OH, OKAY. IT'S TIMING OUT QUICKLY. AND ASKING ABOUT THIS FOR, LIKE, THREE YEARS. IT JUST DRIVES ME CRAZY. ALL RIGHT. SAM. THANK YOU. CHAIR 2025 006U252 6344 ROSWELL ROAD. REQUEST FOR A CONDITIONAL USE PERMIT TO ALLOW FOR A DRIVE THROUGH FACILITY IN THE C-X THREE ZONING DISTRICT FOR A BANK PRESENTED BY LAQUITA WILLIAMS, OUR PLANNER TWO.
THANK YOU. SAM. GOOD EVENING, COMMISSIONERS AND MEMBERS OF THE PUBLIC. WELCOME TO THE OCTOBER 22ND, 2025 PLANNING COMMISSION PUBLIC HEARING. TONIGHT, I WILL BE INTRODUCING CONDITIONAL USE PERMIT U 25 TWO AND SIX 344 ROSWELL ROAD TO ALLOW FOR A DRIVE THROUGH FACILITY AT A FORMER BANK BUILDING IN THE C-3 ZONING DISTRICT. STAFF'S RECOMMENDATION IS APPROVAL WITH CONDITIONS. EXCELLENT. THE CHARACTER AREA FOR THIS PROPERTY IS COMMERCIAL MIXED USE AND THE ZONING IS SIX THREE FOR THREE STORIES. MAXIMUM HEIGHT ON THE AREA IMAGE TO THE FAR RIGHT, YOU CAN SEE THE PARCEL OUTLINED IN GREEN. THE EXISTING PARCEL IS DEVELOPED AS A NEIGHBORHOOD SHOPPING PLAZA ANCHORED BY THE ALDI GROCERY STORE, ALONG WITH A MIX OF RETAIL TENANTS INCLUDING A HEALTH CARE CLINIC, A DRIVE THROUGH BANK BUILDING AND A HARDWARE STORE. THE DRIVE THROUGH FACILITY WELL, THE THE ENTIRE PARCEL IS APPROXIMATELY 77.75 ACRES IN ZONE SIX THREE. THE DRIVE THROUGH FACILITY IS APPROXIMATELY 4330FTā S, AND HAS BEEN VACANT FOR SEVERAL YEARS. THERE IS A BP GAS STATION TO THE NORTH, A CVS TO THE SOUTH, AND THE WHISPERING PINES NEIGHBORHOOD TO THE WEST.
ACROSS ROSWELL ROAD IS ANOTHER SHOPPING CENTER AND THE GODDARD PRESCHOOL. THE PROPOSED DEVELOPMENT INCLUDES RENOVATING THE EXISTING BANK BUILDING IN THE ACCESSORY DRIVE THROUGH FACILITY TO OPERATE A BANK. THE PROPOSAL INCLUDES ADDING A SIX FOOT WIDE CROSSWALK AND AMENITY SPACE, ADA RAMPS, AND A RAISED LANDSCAPE ISLAND. FOR THIS REQUEST, STAFF REVIEWED THE PROPOSAL AGAINST THE DEVELOPMENT CODES, BASIC USE STANDARD AND THE CONDITIONAL USE PERMIT CRITERIA. WHILE A BANK IS PERMITTED, IS A PERMITTED USE IN THE ZONING DISTRICT. A DRIVE THROUGH FACILITY REQUIRES A CONDITIONAL USE PERMIT. STAFF FINDS THAT THE PROPOSED USE IS COMPATIBLE WITH ADJACENT USES WITHIN THE DISTRICT, AND COMPLIES WITH APPLICABLE DEVELOPMENT CODE STANDARDS, WITH MINIMUM ANTICIPATED IMPACT ON CITY SERVICES. SO WITH THAT, STAFF RECOMMENDS APPROVAL OF YOU 20 5-2 WITH A CONDITION THAT CONSTRUCTION AND SITE IMPROVEMENTS BE SUBSTANTIALLY SIMILAR TO THE SITE PLAN RECEIVED TO THE DEPARTMENT OF COMMUNITY DEVELOPMENT. THANKS. THANK YOU VERY MUCH. WITH THAT, LET'S OPEN THE PUBLIC HEARING PORTION FOR THIS CASE AND HEAR FROM THE APPLICANT. GOOD EVENING. I'M DANNY BLUMENTHAL WITH GASKINS, LOCAL 1266 POWDER SPRINGS ROAD IN MARIETTA, GEORGIA. I DON'T NEED TO REITERATE WHAT, MISS WILLIAMS JUST EXPLAINED TO ALL OF YOU AND SHOWED YOU IN HER PRESENTATION. I JUST WANTED TO SAY THAT WE APPRECIATE STAFF'S RECOMMENDATION OF APPROVAL. WE'RE IN AGREEMENT WITH THE CONDITIONS BY PLANNING STAFF AND BY THE CITY ENGINEER, AND I'M HERE AS WELL AS SOME REPRESENTATIVES FROM REGENCY CENTERS. IF YOU HAVE ANY QUESTIONS, WE'D BE HAPPY TO ANSWER THEM. THANK YOU. ARE YOU GOING TO MAKE THAT PRESENTATION, DANNY, OR ARE WE NOT GOING TO HEAR THAT? OH, I'M SORRY, I WAS
[00:10:03]
SAYING THAT I DIDN'T NEED TO REITERATE BECAUSE OUR AS YOU NOTED, OUR WE HADN'T SEEN THEIR PRESENTATION BEFORE, BUT. OKAY, GREAT. YEAH. I DON'T WANT TO WASTE YOUR TIME. WELL, WE APPRECIATE THAT. THANK YOU. SAM, DO WE HAVE ANY COMMENT CARDS? NO, NOT AT THIS TIME, CHAIR.WELL ALL RIGHT THEN. WELL, THAT WAS QUICK. THANK YOU. WITH THAT, I WILL CLOSE THE PUBLIC HEARING FOR THIS CASE. IT'S BEEN PRESENTED TO US WITH STAFF RECOMMENDING APPROVAL BEFORE WE TALK ABOUT IT, A MOTION. MISS SETTLES. I MAKE A MOTION TO APPROVE CASE 20220250006U2526344 ROSWELL ROAD REQUESTED CONDITIONAL USE PERMIT TO ALLOW FOR A DRIVE THROUGH FACILITY IN THE ZONING DISTRICT FOR THE BANK. A MOTION TO APPROVE WITH THE CONDITIONS AS STATED BY STAFF IS MADE BY MISS SETTLES. DO WE HAVE A SECOND? SECOND BY MISS KELLY? ANY QUESTIONS, ANY DISCUSSION I HAVE, I HAVE SOME, PLEASE, MR. PORTER. THE SITE PLAN THAT'S REFERENCED IN THE PACKAGE HAS HAVE ALL THE CHANGES BEEN. AND THAT'S PART OF THE RECOMMENDATIONS. HAVE THE CITY ENGINEER'S COMMENTS BEEN APPLIED TO THAT SITE PLAN? YES THEY HAVE. OKAY. OKAY. THAT'S FINE. THAT'S I JUST WANTED TO MAKE SURE BECAUSE IT WAS A HAD LIKE WHAT NINE DIFFERENT COMMENTS AND THEY'RE ALL ADDRESSED. YES OKAY OKAY.
ANYONE ELSE. NO. THAT WAS MY QUESTION. THANK YOU ANDY. THE ONLY QUESTION I HAD WAS. THE APPROVAL, AS IT STANDS RIGHT NOW IS BASED ON WITH WITH THE SITE PLAN, BUT IT DOESN'T SPECIFY CORRECT THAT SPECIFICALLY THAT IT MUST BE A BANK. IS THAT CORRECT? YEAH. IN THE THE REQUEST ON THE LAST SLIDE, THAT'S HOW THE VERBIAGE WOULD BE. OKAY. WE'LL PUT THAT UP THERE WILL YOU. YEAH. TO ALLOW FOR A DRIVE THROUGH FACILITY AT A BANK. AT A BANK AT THAT. THIS THIS IS FOR THIS BANK. SO IT MUST BE A BANK OKAY. I WANTED TO MAKE SURE BECAUSE IT WAS A BANK. I DIDN'T KNOW IF YOU WERE REFERENCING THAT. THAT'S WHAT IT HAD BEEN. YOU KNOW, TECHNICALLY IT COULD BE ANY OTHER USE AS WELL. STILL, THAT'S ALLOWED BY. RIGHT. BUT THE THE PARTICULAR USE, IF THEY WANT TO DO THAT, THIS IS THE PROCESS. THEY WOULD HAVE 12 MONTHS TO UTILIZE. OKAY. CAN I ASK ANOTHER QUESTION. GO AHEAD. I'M SORRY THAT PROMPTED A QUESTION. IF THEY CHOOSE NOT TO PROCEED, DOES THAT MEAN ANOTHER BANK OR ANOTHER FACILITY CAN COME IN AND THE DRIVE THROUGH HAS BEEN APPROVED, OR DO WE START OVER? WELL, I WAS JUST SAYING THAT IF THEY DO A BANK, THEY HAVE A TIME FRAME TO TO OPERATE AS A BANK BEFORE THEY WOULD KIND OF LOSE. THE CONDITION, I BELIEVE 12 MONTHS IS USUALLY UNLESS THE USE PERMIT WOULD RUN WITH THE LAND IN SOME FORM. BUT EITHER WAY, THE WHAT I WAS GETTING AT WAS THAT ANY USE THAT IS ALLOWED BY RIGHT STILL ALLOWED DOESN'T HAVE TO BE A BANK PER SE. SO IF THEY CHANGE PLANS, THEY COULD STILL GO WITH ANYTHING THAT'S ALLOWED, LIKE A RESTAURANT OR SOMETHING. SO ALL WE'RE DOING HERE IS APPROVING THE FACT THAT THEY'RE GETTING A DRIVE THROUGH BASICALLY. YEAH. OKAY. AND IF THEY CHOOSE TO CHANGE THEIR PLAN AND GET SOMETHING ELSE, THE DRIVE THROUGH IS STILL IS STILL THE CONDITIONAL USE IS STILL EFFECTIVE. IF THEY DECIDE TO PUT A RESTAURANT IN AND USE THE DRIVE THROUGH. NO. SO TO YOUR POINT, YES, A BANK DRIVE THROUGH IS THE TYPE OF DRIVE THROUGH THAT WOULD BE ALLOWED. AND THEN AT THE END OF 12 MONTHS, IF THEY DON'T DO ANYTHING, THEY CAN WHATEVER, WHATEVER HAPPENS TO THAT APPLICATION. BUT THEN WE START OVER AGAIN AND LOOK AT ANOTHER APPLICANT. YEAH. YOU GUYS HEAR ME? OKAY. THERE YOU GO. YEAH. I MEAN, THE THE WAY THE CONDITIONS WORDED IT, IT'S IT'S BASED IT'S CONDITIONED UPON THE SITE PLAN THAT'S TITLED A BANK. DOES IT SAY IT HAS TO BE A BANK? SO ALL YOU'RE DOING TONIGHT IS APPROVING A CUP FOR DRIVE THROUGH ESSENTIALLY IN THIS DISTRICT. SO ANY OTHER USE THAT CAN MEET THE REQUIREMENTS OF THAT SITE PLAN IS ALLOWED TO GO BY THIS CUP APPROVAL. IF IT GOES THROUGH TO MY NOT A CONDITIONAL USE PERMIT. IT'S
[00:15:02]
JUST LIKE A REZONING. IT'S A LEGISLATIVE APPROVAL. IT RUNS WITH THE PROPERTY UNTIL IT'S CHANGED. SO SO DISREGARD MY COMMENT ABOUT 12 MONTHS RIGHT. IT IT'LL BE THERE UNTIL BECAUSE WE'VE HAD BECAUSE WE'VE CHANGED CODE ABOUT DRIVE THRUS AND WE APPROVING POTENTIALLY THIS ONE AS A DRIVE THROUGH FOR A BANK THAT WOULD STILL CONTINUE TO GO WITH THE PROPERTY, OR THEY'D HAVE TO COME BACK TO US FOR ANOTHER DRIVE THROUGH APPROVAL IF SOMETHING CHANGES. YEAH, IF SOMETHING CHANGES, IF SOMEBODY CANNOT MEET THAT SITE PLAN, THEY'LL HAVE TO COME BACK. IF THE CODE IS CHANGED AND NOBODY'S DONE ANYTHING OUT THERE, SAY THE CODE CHANGES AND AND THE CODE AS IT'S WRITTEN IN THE FUTURE, NOBODY CAN MEET THAT SITE PLAN. THEN THEY'D HAVE TO COME BACK. BUT AS LONG AS THE CODE PERMITS THAT SITE PLAN, ANYBODY WHO CAN MEET IT WILL HAVE A CUP. AM I ARE YOU UNDERSTANDING THAT? I GUESS WHAT I'M. WHAT I'M QUESTIONING IS IF THIS INDIVIDUAL DOES NOT BUILD A BANK, OKAY, AND RUN A BANK AND THEY CHOOSE TO SELL IT AS WE'VE HAD OTHER PROPERTIES DO BEFORE, THEY'VE GOTTEN APPROVALS FOR THINGS, THEN THEY'VE NEVER DEVELOPED. WE'VE GOT RIGHT NOW IT'S A REQUIREMENT THAT YOU GET A DRIVE THROUGH APPROVED. SO IF THEY DON'T DO WHAT THEY'RE GOING TO DO, DOES THAT NEGATE THEIR APPROVAL OF A DRIVE THROUGH, OR COULD THEY SELL THIS PROPERTY TO SOMEBODY ELSE AND HAVE IT FIT THE SITE PLAN PERFECTLY? BUT IT'S NOT THEM. THEY JUST GET TO DO A DRIVE THROUGH OVER ANY PERIOD OF TIME NOW. YEAH, AS LONG AS THEY CAN, THEY CAN MEET THAT CONDITION.YES, MA'AM. YEAH OKAY. AND THAT CAN I. WELL LET ME LET ME CLARIFY SOMETHING HERE BECAUSE THAT'S WHAT I BROUGHT UP. MY INITIAL QUESTION WAS AT IT SAYS AT A BANK, DOESN'T SAY AT A BUILDING. IT SAYS AT A BANK. THAT IS THE, THE CONDITION OF THAT, THAT IT MUST BE A BANK.
YEAH. THE THING IT SAYS, THAT'S THE TITLE OF THE SITE PLAN. IS THAT RIGHT. IS THAT THE JUST THE TITLE OF IT? WELL, THAT'S WHAT I THAT WAS THE CLARIFICATION I ASKED FOR ORIGINALLY AND WAS TOLD THAT, YES, THAT'S IN THE TITLE, THAT IT'S IT ALLOWS A DRIVE THROUGH FACILITY AT A BANK THAT'S BOOKEND DRIVE THROUGH FACILITY AT A BANK. SO IF THEY SOLD IT AND SOMEBODY CAME IN AND SAID, WE WANT TO DO A COFFEE SHOP, WELL, THAT'S NOT AT A BANK.
YEAH. IT'S NOT, IT'S NOT A BANK. YEAH. I MEAN THAT THAT MIGHT PRESENT PROBLEMS AND, AND THAT THAT'D BE UP FOR PLANNING TO INTERPRET WHEN THEY COME BACK, WHEN WHOEVER COMES BACK. BUT AS FAR AS JUST FROM A LAND USE PERSPECTIVE GOES, YOU KNOW, IT, IT APPEARS TO BE CONDITIONED JUST TO A SITE PLAN THAT IS TITLED BANK CUP. AND AND I'M NOT SAYING YOU KNOW, IT, IT MIGHT STAFF MIGHT SAY, WELL, HEY, THIS THIS IS TIED TO A BANK CUP, BUT I DON'T KNOW HOW.
YEAH. IF YOU DO THAT, MATT, IF IT MAKES IT EASIER, I MEAN, YOU GUYS JUST RECOMMEND AN ADDITIONAL CLARIFYING CONDITION THAT SAYS MUST BE A BANK. YEAH, YOU CAN CERTAINLY RECOMMEND A CONDITION TO COUNCIL. BUT HE'S RIGHT. I MEAN, CERTAINLY PLANNING WOULD ONLY ALLOW FOR SOMEONE TO COME IN WITH A BANK WITH A DRIVE THROUGH BASED ON BECAUSE OUR RECOMMENDATION IS BASED ON THE TRAFFIC FLOW OF A BANK DRIVE THROUGH VERSUS A RESTAURANT. OKAY. ALL RIGHT.
ANY OTHER COMMENTS QUESTIONS? QUESTION. CLARIFYING WHEN WE INITIALLY HAD THE CONVERSATION ABOUT THIS, IT WAS MY UNDERSTANDING IT WAS A BANK PREVIOUSLY WITH A DRIVE THROUGH.
AND THAT THE REASON WE WERE LOOKING AT THIS AGAIN, TO APPROVE THE DRIVE THROUGH WAS BECAUSE THAT TIME FRAME SOMETHING EXPIRED. SO CAN YOU HELP US UNDERSTAND WHAT EXPIRED IF THERE POTENTIALLY ANOTHER EXPIRATION DATE TO WHERE IF THIS PROJECT DOES NOT GO THROUGH THERE, WE WOULD HAVE ANOTHER APPLICANT GOING THROUGH THE SAME PROCESS IF THEY WERE ALSO PUTTING A BANK IN THE SAME LOCATION. YEAH, THAT'S A GOOD QUESTION. AND IT ALLOWS ME TO EXPLAIN WHERE I GOT MIXED UP EARLIER IS THAT PREVIOUSLY THIS WAS JUST A BUY RIGHT THING, THAT THE THAT THE BANK COULD EXIST IN OLDER CODE VERSIONS. AND IN TODAY'S CODE VERSION YOU COME FOR THIS CUP AND YOU GET THIS CUP. TO WILLIAM'S POINT, IT BECOMES PART OF THE PROPERTY'S ENTITLEMENT SPECIFICALLY FOR THIS PROPERTY, FOR THAT EXACT SITE PLAN, AS WE'VE RECOMMENDED IT. THAT'S HOW IT WOULD WORK. SO NOW IT IS KIND OF. MEMORIALIZED TO BE
[00:20:07]
WHAT IT IS. IT'S NO LONGER THE LEGAL NONCONFORMING THAT IT WAS, WHICH HAD A TIME STAMP ON IT OF 12 MONTHS. YOU MUST, YOU KNOW, YOU CAN'T STOP RUNNING IT FOR 12 MONTHS OR YOU LOSE THE NONCONFORMING, LEGAL, NONCONFORMING STATUS. SO IT LOST THAT THIS IS KIND OF GETTING THAT BACK. BUT NOW IT'S NO LONGER NON-CONFORMING. IT'S CONFORMING UNDER A CUP. AND IS THIS BECAUSE OF AN UPDATE IN THE CODE? YEAH. PREVIOUSLY THEY DIDN'T HAVE. SO BEFORE THE 2017 CODE, I'M NOT SURE EXACTLY WHAT WAS ALLOWED THERE, BUT I WOULD ASSUME AT LEAST BEFORE 2017, YOU COULD HAVE A BANK THERE BY RIGHT WITH A DRIVE THROUGH. SORRY, THE DRIVE THROUGH BEING THE ISSUE HERE IN 2017, AT LEAST THE DRIVE THROUGH COMPONENT BECAME LEGALLY NON-CONFORMING AS IT CONTINUED TO OPERATE AS A BANK WITH A DRIVE THROUGH. AND WHEN IT STOPPED DOING THAT AND IT DID THAT FOR MORE THAN 12 MONTHS, IT NO LONGER WAS CONFORMING. SO THEY HAVE TO GO THROUGH THE LEGAL PROCESS, WHICH IS WHAT WE'RE DOING HERE. OKAY. THANK YOU. COULD COULD YOU PUT THE SITE PLAN UP ON THING THIS THIS COMPUTER SYSTEM CRASHES EVERY LIKE THREE MINUTES AND IT'S ASTOUNDINGLY FRUSTRATING. AND IT'S NOT JUST ANDY, BY THE WAY I WOULD TAKE CREDIT FOR THE TABLETS ARE CRASHING KNUCKLEHEAD IN THE CROWD FOR SURE. BUT TODAY IT THIS THIS THIS PARCEL IS PART OF THE OVERALL SEVEN POINT SOMETHING ACRE PIECE, RIGHT? IT I KNOW WE'VE RELAXED PARKING RESTRICTIONS, BUT THIS IS IT'S KIND OF AN AMAZINGLY AWKWARD SITE PLAN. THERE'S GOING TO BE AS PEOPLE ENTER THE DRIVE THROUGH LANES, THERE'S PARKING ON EITHER SIDE. I DROVE THROUGH IT BEFORE I CAME HERE, AND PEOPLE PARKED FOR THE VARIOUS RETAIL TENANTS ACROSS THE WAY. SO THEY'RE GOING TO BE BACKING OUT, AND PEOPLE ARE BEING ENCOURAGED TO PARK IN THIS BANK AREA BY THE SIDEWALKS. THEY'RE INSTALLING IT. IT JUST SEEMS THIS IT SURVIVED THIS LONG. ANDY, I GET IT AND IT IT IT PASSED MUSTER FOR OUR ENGINEERS TO BE THERE WERE SOME IMPROVEMENTS, YOU KNOW, THE THE BULB OUT AS YOU COME IN ON THE NORTH ENTRANCE. YOU KNOW, WHEN YOU'RE DOING SOMETHING LIKE THIS, YOU CAN'T JUST KNOCK IT ALL DOWN AND START OVER. SO WHAT YOU DO IS OBVIOUSLY JUST LITTLE INCREMENTAL STEPS TO HELP IMPROVE THE FLOW. AS IT IS, IT WON'T BE PERFECT, BUT AT THE SAME TIME, YOU ALSO, I THINK WE'RE ALL AWARE THAT BANK TRAFFIC, BANK DRIVE THROUGH TRAFFIC IS NOT NECESSARILY THE. IT'S NOT A BIG THREAT TO KIND OF THE THE PARKING LOT AS MUCH AS MAYBE SOMETHING LIKE A RESTAURANT'S DRIVE THROUGH WOULD BE A LOT MORE OF A QUEUING ISSUE. OKAY, OKAY. SO JUST ONE MORE THING. PARKING. WE'RE NOT REQUIRING THEM TO MOVE THE BUILDING FORWARD. WE'RE ALLOWING PARKING TO REMAIN IN THE FRONT OF THE BUILDING. YEAH. FLIP. FLIP THEM. YEAH THAT'S CORRECT. SINCE THEY'RE NOT ADDING ANY SQUARE FOOTAGE TO THE BUILDING, IT KIND OF FALLS UNDER A LEGAL, NONCONFORMING STATUS OF ITS OWN.OKAY. THANK YOU. FROM PROCEDURAL STANDPOINT, IF SHE WANTS TO REVISE HER MOTION, DO WE NEED TO DO ANYTHING OR JUST ALLOW HER TO REVISE HER MOTION? YEAH, SHE CAN REVISE HER MOTION.
AS YOU SAID, YOU WANTED TO REVISE YOUR MOTION. I DO, SO DO I DO THE WHOLE CASE OVER? I THINK YOU REVISE IT TO REFLECT. OKAY. SO IN CASE NUMBER 20250006 YOU 20 5-26344 ROSWELL ROAD REQUEST I APPROVE A REQUEST FOR CONDITIONAL USE PERMIT TO ALLOW FOR A DRIVE THROUGH FACILITY IN THE CX3 ZONING DISTRICT SPECIFICALLY FOR A BANK. WITH THE STAFF CONDITIONS WITH STAFF CONDITION, AS STATED, BUT MAKING CLEAR THAT IT'S SPECIFICALLY FOR A BANK. OKAY, WE HAVE A MOTION FOR MISS SETTLES. SECOND FROM MISS CLEMENTS. SORRY, I'VE GOT A MENTAL BLOCK NOW, AND ANY ADDITIONAL DISCUSSION. OKAY, CALL THE VOTE. ALL IN FAVOR? OPPOSED. OPPOSED. WAS JUST MR. PORTER, OR DID DID YOU RAISE YOUR HAND AS WELL? OKAY, THE
[00:25:04]
MOTION IS APPROVED. THAT WAS HARDER THAN I THOUGHT IT WAS GOING TO BE. ALL RIGHT. GREAT[VI. Ongoing Business ]
ONGOING BUSINESS. I DON'T KNOW WHAT WE'VE GOT. MICHELLE. YOU GOT. I JUST GOT BACK. WELL, WELCOME. WELCOME BACK. YES, THAT'S ON GOOD BUSINESS. I WAS IN TRINIDAD AND BELGIUM AND WHEREVER I JUST GOT BACK TODAY. OKAY, WELL, SO DO WE. DOES ANYONE ELSE KNOW OF ONGOING BUSINESS? SO DO WE HAVE SOMETHING FOR NEXT MONTH? YES. LAKE FOREST. LAKE FOREST. WHAT MONTH IS NEXT MONTH? THAT'S NOVEMBER. SO YES, WE DO HAVE LAKE FOREST DRIVE REZONING. SO WE DO WE WE WE PLAN TO HAVE A MEETING NEXT MONTH. ALL RIGHT. AND THEN ANY NEW BUSINESS. I[VII. New Business ]
GUESS NOT. WHAT ARE WE WORKING ON? ON A NEW CODE. ZONING CODE? DO YOU MEAN? YES. NO. NOT YET.WE DID SOME UPDATES A COUPLE MONTHS AGO, AS YOU RECALL. SOME EDITS, CLEANUP TYPE THINGS. SO THAT'S HAS GONE THROUGH MAYOR AND CITY COUNCIL, AND WE DON'T HAVE A PLAN TO DO ANYTHING ELSE JUST YET. WE ARE, OF COURSE, LOOKING TO LAUNCH THE COMPREHENSIVE PLAN NEXT YEAR.
SO I DON'T KNOW IF THAT'S WHAT YOU WERE THINKING. YEAH. COMPREHENSIVE PLAN. YEAH, YEAH, YEAH. MY ONLY POINT IS WE HAD SOME BRIEF DISCUSSION ABOUT WE WE SEEM TO BRING THERE SEEMS TO BE A PHILOSOPHICAL DIFFERENCE BETWEEN DRIVE THRUS IN CERTAIN PARTS OF THE CITY AND THE ABILITY TO STILL GET ONE VIA A CUP. AND MAYBE WE SHOULD JUST SET CERTAIN ZONING AREAS THAT JUST SAY IT'S IT'S ALLOWABLE BECAUSE IT. YEAH, WE DO HAVE SOME ZONING CATEGORIES THAT IT'S ALLOWED BY. RIGHT? I KNOW WE DO, BUT WE JUST SEEM IT SEEMS LIKE A CONFLICT EVERY TIME. IF IF WE'RE GOING TO APPROVE THEM ALL, WHY NOT JUST CHANGE THE CODE? YEAH. THERE'S BEEN I BET SINCE SINCE WE'VE DONE THE 2017 CODE, I BET THERE'S BEEN FIVE APPROVED. I MEAN, WE APPROVED WHATABURGER. OH, OKAY. BUT WHATABURGER WAS APPROVED FOR. IT WAS ALREADY APPROVED FOR A DRIVE THROUGH, BUT WE WERE APPROVING WAS THAT THEY COULD BE OPEN 24 SEVEN. IT WAS IT HAD IT HAD LOST ITS GRANDFATHER, IT HAD LOST ITS THE EXACTLY THE QUESTION THAT YOU BROUGHT UP EARLIER, WHICH WOULD BE THE CASE WITH THE WHATABURGER BUILDING, WAS ALSO THE CASE WITH WHAT WAS THAT CAR PLACE, MAGIC MIKE'S THAT, YOU KNOW, ONCE IT CLOSED, IT COULD HAVE SOMEBODY COULD HAVE REOPENED IT. BUT TIME PASSED AND NOW IT'S NO LONGER GRANDFATHERED IN, I THINK. I THINK THAT WAS YOUR 12, YOUR 12 MONTH OKAY. SO THE COUNCIL DIDN'T APPROVE IT. THAT'S RIGHT. YOU GUYS RECOMMENDED IT AND COUNCIL TURNED IT DOWN. YEAH.
RIGHT. RIGHT. SO SO STILL AN OPTION FOR CONSIDERATION I THINK IS WHAT HE WAS SAYING.
YOU'RE RIGHT. OKAY. I MEAN IT JUST SEEMS INTERESTING TO ME THAT THAT. WHEN THE CODE WAS FORMED IN 2017, THERE SEEMED TO BE A PHILOSOPHICAL IDEA THAT WE DON'T WANT DRIVE THRUS IN THE IN CERTAIN AREAS. AND THE CODE WAS DRAFTED TO THAT EFFECT. BUT NOW WE SEEM TO GO WE SEEM TO STAFF RECOMMENDS THEM AND WE WE APPROVE THEM. WELL, THERE'S A LOT OF THEM THAT YOU DON'T SEE THAT COME THROUGH BEFOREHAND THAT NEVER REALLY MAKE IT HERE. AND MAYBE THAT'S THE ANSWER AND THAT'S. YEAH. AND THAT'S SOME OF IT IS SOME OF IT REALLY NEVER MAKES IT PAST THE CONCEPT BECAUSE WE SAY, WELL, THIS, THAT AND THE OTHER AND THEY, THEY DON'T WANT TO MOVE FORWARD.
SO WE DO HAVE SORRY. OH AREAS OF THE CITY THAT IT'S NOT ALLOWED AT ALL. THAT'S RIGHT.
RIGHT, RIGHT. OR WITH CONDITIONAL USE. WELL UNDERSTOOD. CITY SPRINGS. YEAH.
UNDERSTOOD. BUT YOU KNOW HERE'S THIS ONE TONIGHT THERE'S FIFTH, FIFTH THIRD BANK 100 YARDS AWAY.
THEN THE COFFEE COMPANY WAS GOING TO COME IN SOMEWHERE RIGHT THERE. WHATABURGER. I MEAN, YOU CANNOT, BUT YOU CAN DATE ALL THE WAY BACK TO BANK OF AMERICA, CHASE ALL OF THOSE PLACES. THEY GET THEM. AND WE WE OUGHT TO, IN A WAY. DOESN'T SEEM LIKE WE'RE KIND OF WASTING OUR TIME IF PUT IT IN THE LAW OR CHANGE THE LAW TO ALIGN WITH PEOPLE. WELL, THE THE ONES, THE BANKS OVER HERE, NONE OF THOSE COULD HAVE DRIVE THRUS TODAY. SO THAT WAS BEFORE THIS CODE TO YOUR TO YOUR POINT. SO IT IS PREVENTING THEM FROM BEING MORE IN THE CITY CENTER JUST BECAUSE THEY'RE NOT ALLOWED BY CODE HERE, JUST BECAUSE WE ADOPTED THE CITY CENTER. BUT WE HAD RESTRICTIONS ON ON DRIVE THRUS BACK MANY, MANY YEARS AGO. I MEAN, WELL, THE FIRST ONE WAS
[00:30:04]
THE BANK OF AMERICA. IT WAS CNS BANK BACK THEN. BUT BE THAT I DON'T I DON'T WANT TO TAKE UP EVERYBODY'S TIME. I JUST LIKE I MENTIONED IT OUT THERE FOR CITY COUNCIL, WE CAN THINK THROUGH AS WE MOVE FORWARD. ARE YOU SAYING MORE GUIDANCE ON OR ARE ACTUALLY SAYING, BEING VERY SPECIFIC ABOUT THIS IS THE CODE AND THEN IT GIVES US MORE GUIDANCE ON HOW TO PROCEED? YEAH, I THINK I THINK OUR PHILOSOPHY AND OUR CODE ARE KIND OF GOING LIKE THIS. GOTCHA.THANK YOU IS WHAT I THINK. AND AND WE OUGHT TO TRY TO SEE IF IT'S BETTER ALIGNMENT. IT CUTS DOWN ON CONFLICT. SO ANYWAY ENOUGH SOAPBOX. WELL WE WE WE REWROTE WHEN WE REWROTE THE CODE AND MADE UPDATES. ONE OF THE REASONS WHY ALL OF THOSE WERE DONE WAS TO MORE STREAMLINE IT. SO THERE WERE KIND OF FEWER GRAY AREAS. IT WAS MORE LIKE, YES, YOU CAN NO YOU CAN'T. AND THEN IF YOU IF YOU REALLY WANTED TO PUSH THE GRAY AREA, THEN, YOU KNOW, THERE WERE VARIANCES, THERE WERE CONDITIONAL USE PERMITS. YOU REALLY HAD TO GO THROUGH A PROCESS. BUT I KNOW WHAT YOU'RE SAYING. I UNDERSTAND WHAT YOU'RE SAYING. YEAH. AND LIKE I MENTIONED TO CITY COUNCIL DURING THE WHATABURGER, WE DID LOSE A FEW DRIVE THRUS OVER THE YEARS. REMEMBER CHECKERS WAS GONE AND WENDY'S THAT WAS HERE. NO MORE DRIVE THROUGH. AND THERE'S A FEW UP AND DOWN ROSWELL ROAD THAT CAN'T RETURN. SO, MISS KELLY, DID YOU HAVE SOMETHING YOU WANT TO SAY? YOU HAD YOUR HAND RAISED. THAT'S WHY I. I WAS JUST THINKING, HOW CAN WE ENSURE THAT THE MESSAGE GETS THROUGH TO THE SECOND PLAN PLANNING GROUP, THAT THIS IS AN ISSUE THAT NEEDS TO BE ADDRESSED? WELL, I THINK MICHELLE JUST RECOMMEND OR NOT RECOMMEND. SAID SHE'S GOING TO BRING IT UP OKAY. YEAH. COMPREHENSIVE PLAN PROCESS. ALL RIGHT. WITH THAT, WE'RE THE FINAL ITEM ON THE AGENDA WAS THE ADJOURNMENT. SOMEONE GOT A MOTION THERE. I'LL MAKE A MOTION. THANK YOU. CHAIRMAN. SECOND, MISS KAREN. ALL IN FAVOR? AYE.
* This transcript was compiled from uncorrected Closed Captioning.