[00:00:01] COMMISSION MEMBERS. I LIKE TO CALL THE ORDER PLANNING COMMISSION MEETING. HERE WE GO. [I. Call to order] FOR MONDAY, APRIL 17TH WAS TRYING REALLY HARD TO NOT READ THEM. DATE ON THE MINUTES. HERE THE RULE, PLEASE. MR KIRBY PRESENT. MR WALLACE PRESENT, MR SHELL. MS BRIGGS HERE, MR LARSON , PRESENT COUNCIL MEMBER BRISK. HERE. I HAVE FOUR MEMBERS PRESENT. WE HAVE A FORUM. THANK [III. Action on minutes] YOU. TAKES US TO ACTIONS ON THE MINISTER. APRIL 3RD. YEAH PAGE FOUR. WRONG OF THE WORK AT THE BOTTOM SITE SIGHTLINES. THAT'S THE ONE WITH THE GHT. INSIDE SITES ARE WHAT WE. HAVE ZONING ON AND SIGHT LINES ARE AS I G H T THANK YOU. THAT'S ALL I CAUGHT. OTHER CORRECTIONS TO THE MINUTES FROM APRIL. THIRD. NO CORRECTIONS. I'LL MAKE A MOVE TO PROVE THE MINUTES OF THE APRIL 3RD 2023 MEETINGS WITH THE CORRECTION. TOM THAT'S NOTED IN THE RECORD. I DON'T HEAR A SECOND. SECOND DISCUSSION OF THE MOTION. THE RULE, PLEASE. MR WALLACE, MISS BRIGGS. MR LARSON ? YES, MR KIRBY. I HAVE FOUR VOTES IN FAVOR OF THE MINUTES AS CORRECTED. THANK YOU ARE THERE [IV. Additions or corrections to agenda] IN ADDITION TO CORRECTIONS TO THE AGENDA? YOU MIGHT NOT LIVE. THEN FROM STAFF. BUT EVERYONE WISHING TO ADDRESS THE COMMISSIONER, PLEASE RISE. DO YOU SWEAR TO TELL THE TRUTH AND NOTHING BUT THE TRUTH? THANK YOU. AND THIS IS A GOOD TIME TO MAKE. SO LET'S BE QUIET. NEXT ITEM IS HEARING OF VISITORS FOR ITEMS THAT ARE NOT ON TONIGHT'S AGENDA. DO WE HAVE ANY SUCH [VI. Cases] VISITORS? TAKES US TO OUR CASES. OUR FIRST ONE IS VARIANTS. 42 CAN HEAR FROM STAFF, PLEASE. THANK YOU. CHAIR MEMBERS OF THE COMMISSION. THE APPLICATION SITE IS LOCATED AT THE SOUTHWEST CORNER OF US 62 PRIVATE DRIVE WITHIN THE COMMUNITY TRUST CORP. THE CURRENT REQUEST IS FOR A VARIANCE TO ALLOW DIGITAL MENU BOARDS SIGNS. IN FEBRUARY, THE PLANNING COMMISSION APPROVED THE FINAL DEVELOPMENT PLAN APPLICATION FOR WENDY'S. THE REQUEST BEFORE YOU THIS EVENING INCLUDES ONE DIGITAL PRE SALE SIGN AND ONE DIGITAL MENU BOARDS SIGN. THESE SIGNS WOULD BE IN LIEU OF THE PREVIOUSLY APPROVED SIGNS AND WOULD BE LOCATED IN THE SAME LOCATIONS AS THOSE SIGNS AT THE DRIVE THRU ENTRANCE TO THE REAR OF THE BUILDING AND YOU CAN SEE THE APPLICANT PROVIDED THIS STATE PLAN THAT HIGHLIGHTED THOSE LOCATIONS WITH THE YELLOW BOXES. THE PLANNING COMMISSION HAS APPROVED SAME VARIANTS REQUESTS AT OTHER DRIVE THROUGH RESTAURANTS, INCLUDING POPEYE'S AND DUNKIN DONUTS. AND THEY ARE ALSO LOCATED IN THE SAME GENERAL FACILITY OR VICINITY. BOTH APPROVALS INCLUDE THE SAME CONDITIONS AND AS PART OF THE CURRENT REQUEST, THE APPLICANT COMMITS TO THOSE STANDARD CONDITIONS AS WELL. BE PREVIOUSLY APPROVED. MENU BOARD SIGN AND INCLUDED A SIZE VARIANCE BECAUSE IT WAS 48 SQUARE FEET WHEN CODE PERMITS 32 SQUARE FEET. THE PROPOSED DIGITAL MENU BOARD SIGN IS REDUCED IN SIZE COMPARED TO THAT FORMER SIGN AND THE NEW SIZE. FOR THE DIGITAL SIGN IS 29.78 SQUARE FEET. THE PRE SALE BOARD SIGN WAS PREVIOUSLY APPROVED. AT 11 SQUARE FEET, WHICH DIDN'T MEET CODE. THE NEW DIGITAL PRE SALE SIGN IS PROPOSED AT 9.9 SQUARE FEET, WHICH IS ALSO A REDUCTION AND STILL MEETS CODE. THE PLACEMENT OF THE DIGITAL MENU BOARDS. SIGNS ARE DIRECTED AWAY FROM PUBLIC ROADS THEY DO FACE THE PRIVATE ROAD. IN ADDITION, THE HEAVY LANDSCAPE BUFFER REQUIREMENT PROVIDES ADDITIONAL SCREENING FROM THE OFFSITE VIEW. YOU MAY REMEMBER THAT AT THE TIME OF THE FINAL [00:05:06] DEVELOPMENT PLAN APPLICATIONS, THE COMMISSION APPROVED THE LARGER SIGN WITH THE CONDITION THAT ADDITIONAL LANDSCAPING BE ADDED TO UM, CREATE A BUFFER. FROM THE PRIVATE DRIVE TO THE MENU BOARD SIGNS DUE TO THE SIZE OF THE MENU BOARD AND THAT SAME LANDSCAPE REQUIREMENT SHALL BE CARRIED OVER TO THIS APPLICATION SHOULD BE APPROVED. THE SIGNS MEET ALL OTHER MENU BOARD SIGN REQUIREMENTS IN CITY CODE. AND AS PART OF THE CURRENT REQUEST, THE APPLICANT COMMITS TO THE CONTENT AND THE MENU BOARD SIGNED TO BE STATIC. NO VIDEO OR CONTINUOUS MOVEMENT. THE LIGHT LEVEL OF THE DIGITAL MENU BOARDS SIGN IS MEMORABLE AND CONTAINS A BUILT IN SENSOR TO AUTOMATICALLY ADJUST TO MBIA LIGHTING. AND THE DIGITAL PRE SALE BOARD FEATURES AND CONTENT ALSO ABIDE BY THESE SAME STIPULATIONS. HISTORICALLY THE COMMISSION HAS PLACED ADDITIONAL CONDITIONS ON THESE MANY BOARDS SIGNS AS PREVIOUSLY MENTIONED. THESE CONDITIONS ARE TO TRY TO MAKE SURE THAT THE SIGNS DO NOT BECOME A NUISANCE OR A DISTRACTION TO THE AREA. IN THIS CASE, LIKE I PREVIOUSLY SAID THE APPLICANT COMMITS TO THOSE SAME CONDITIONS AS FAR AS THE STANDARDS AND DESIGN CRITERIA. IN ORDER TO ACCOMPLISH THOSE SAME GOALS. SHOULD THE PLANNING COMMISSION APPROVED THE APPLICATION STAFF RECOMMENDS THAT THE CONDITIONS LISTED IN THE STAFF REPORT THE INCLUDED AND STUFF IS AVAILABLE FOR QUESTIONS. THANK YOU. WELCOME. I TAKE IT. THERE'S NO ENGINEERING. NOPE. ALL RIGHT. CAN WE HEAR FROM THE APPLICANT, PLEASE? I'VE GOT ONE, UM GOT A COUPLE FIRST, UM. WE PUT HOURS OF OPERATIONS LIMITS ON THE PRIOR VARIANCES. NO, WE HAVEN'T. OKAY. UM WHAT WHEN I WAS THINKING ON ON THE WALK OVER HERE WAS THAT IS IT THE PLAN THAT THE SIGN BOARD RETURNED OFF WHEN THE RESTAURANT IS NOT OPEN. OKAY? ARE YOU GOING FOR THAT TO BE A CONDITION OF APPROVAL? OKAY? COMMISSION MEMBERS WILL HOLD UP FROM THE LAST ONE TO FROM EVERYBODY ELSE. SO BEFORE WHEN YOU BROUGHT THIS IN YOUR LARGER SIGN, CURIOUS WHAT CHANGED BETWEEN LAST TIME AND NOW? ADDITIONAL. SO JUST TO CLARIFY WE DON'T NEED A VARIANCE ON THE SIZE ANYMORE. THE SIZE WOULD NOW BE WITHIN OUR NORMAL IT'S JUST THE DIGITAL THEY ARE PROPOSING TO BE UNDER WHAT CODE ALLOWS FOR THE MAXIMUM STAFF WOULD STILL RECOMMEND A CONDITION OF APPROVAL. UM JUST SO THERE'S NO CONFUSION BECAUSE THEY WERE GRANTED THE LARGER SIGN BEFORE. AND SO THAT WAY WHEN IT COMES TIME DOWN THE ROAD. JUST MAYBE ANY CONFUSION. WE STILL RECOMMEND THE CONDITION THAT IT NOT BE OVER 32 SQUARE FEET. OKAY? TO THIS OVERRIDES VARIANTS ON SIZE. MM HMM. QUESTION FROM THE PUBLIC, RICK WHEN IT NOT SURE. WE DID THAT. YOU WOULD. COME UP AND ASK YOUR QUESTION, OR DID YOU COME 40. IT! [00:10:21] THAT WAS IN MY NOTES. DOCTOR BEFORE WE GOT ATTORNEY BOATS, UM SO LET US OPEN THAT. UM AND THIS IS FOR MARLENE AND FOR COUNCIL. UM, WE HAVE A GENERAL ISSUE HERE. THAT THIS ISN'T THE FIRST OF THESE WE'VE SEEN AND AT THE RATE WE'RE GOING AGAINST WHAT BE THE LAST BEYOND. WHICH MAKES US WONDER ABOUT THE VARIANCE PROCESS. AND SHOULD WE CHANGE OUR ORDINANCES SO THAT HAVING NAILED DOWN A SET OF RESTRICTIONS ON DIGITAL THAT WE LIKE, OR AT LEAST THAT WE'VE BEEN LIVING WITH. DO WE KIND OF FIND IT, TOO? ORDINANCE? SO THAT PLACES. SUCH AS THESE. ONE STOP SHOPPING. OH, AND FOR DIGITAL. HERE'S THE RULES ON DIGITAL. AND THEN THEY DON'T NEED A VARIANCE. JUST FOLLOW WHATEVER THE NUMBERS ARE GOING TO INTERJECT WITH ONE THOUGHT, WHICH IS THAT I HEARD PRETTY LOUDLY AND CLEARLY FROM THIS GROUP HERE THAT ONE OF THE CONDITIONS AND ONE OF THE REASONS BEHIND THE VARIANTS BEING APPROVED THE LAST TIME WAS THE LOCATIONS SPECIFICALLY. THAT IT WAS A PRIVATE DRIVE AND WELL SCREENED WITH ALL OF THE LANDSCAPING AND I'M NOT SAYING YOU KNOW THAT YOU'RE NOT I'M SAYING THAT I DON'T KNOW THAT WE WANT TO GO DOWN A ROAD WHERE IT'S UNCONDITIONAL AND MAYBE EACH EACH INDIVIDUAL BUSINESS WOULD HAVE TO COME TO US AND MAKE SURE THAT THEY MEET CONDITIONS. MAKE US COMFORTABLE WITH IT. I DON'T MIND ADDITIONAL REVIEW WORRISOME ABOUT WHAT THIS DOES. THE VARIANCE PROCESS. BECAUSE. A STRICT READING TO ME OF VARIOUS PROCESSES. THEY DON'T HAVE TO. EVERYBODY BOUGHT THESE PLACES TO PUT RESTAURANTS IN HERE IN THE NEWARK CODE WAS AND IS IT SPECIFIC TO THIS PROPERTY, YOU KNOW? CLEARLY NOT BECAUSE THIS IS THE THIRD ONE RIGHT? OR WHATEVER THE ACCOUNT IS. AND WE'RE STARTING WITH THE WALK AWAY FROM I THINK A STRICT VIEW OF WHAT VARIANCES ARE FOR TOWARDS A USING IT TO FIX A PROBLEM THAT'S BEST SOLVED AN ORDINANCE. WE DEFINITELY I WOULD TEND TO AGREE WITH THAT AT ALL. THIS SUMMER, THE POINT WHERE EVERYBODY'S ASKING FOR AND EVERYBODY'S GETTING IT. IS IT REALLY A VERY VARIANCE ANYMORE? UH AND IT'S REALLY SOMETHING THAT WE SHOULD TRY TO ADDRESS VIA SOME TYPE OF MODIFICATION. YEAH AREN'T THE ONES THAT HAVE BEEN APPROVED ALL FACING PRIVATE DRIVES VERSUS TIES. YEAH SO FAR . THAT'S WHAT WE'VE BEEN SEEING. SO THAT COULD BE PART OF THE ORDINANCES THAT IT'S ALLOWABLE WHEN IT FACES A PRIVATE DRIVER. IT MUST COME IN FOR EVERY INCIDENTS ON PUBLIC ROADS. FACING ARE WE TALKING ABOUT? MENU BOARD SIGNS SPECIFICALLY OR WE TALKING ABOUT. ELEKTRONIK SIGNS GENERALLY BECAUSE. WE APPROVED AN ELECTRONIC SIGNING, BELIEVE I MAY BE WRONG. OR CAR WASH. THAT DOES FACE I THINK 62 REQUIRED SOME SCREENING. ON THAT ONE. BUT MAYBE MAYBE IT WASN'T ELECTRIC ELEKTRONIK. BUT I HAVE A RECORD. MAYBE IT WAS JUST TOO HIGH. BUT BUT I GUESS THE SAME POINT OF TRYING TO MAKE IS THAT THEY. NEIL'S POINT. IS THAT THE VARIOUS PROCESSES OF WORK BECAUSE OBVIOUSLY YOU KNOW WHAT YOU'RE GETTING INTO. YOU KNOW, THE ZONING WAS SO TECHNICALLY, IN A WAY YOU DON'T QUALIFY. DUNCAN REQUIRED. WHAT. THERE'S NO OTHER WAY TO DO IT. AND SO WE SEE EVERY ONCE IN AWHILE, THESE TYPES OF CASES WHERE THERE IS ANOTHER WAY TO ADDRESS AN ISSUE. AND THIS IS ALMOST LIKE A TECHNOLOGY ISSUE BECAUSE BREXIT. WITH THE CODE WENT IN. THESE TYPES OF SIGNS. RIGHT, SO BUT DRAFTING. ORDINANCE OR CHANGING THE ORGANS. MAYBE DAUNTING, I SUPPOSE FOR STAFF TO TURN LET ME OFFER THIS WOULD SO WE'VE GOT ALLOWED USES. AND CONDITIONAL USES. ARE WE ALLOWED TO MIX OF? WE WOULD MAKE THIS A CONDITIONAL USE ITEMS, SO IT'S NOT A GIVEN. YOU STILL GET YOUR BASIC ZONING DOWN THAT LETS YOU PUT IN A RESTAURANT AND YOU WOULD HAVE TO GET THE SIGN APPROVED AS A CONDITIONAL USE. BUT NOT A VARIANCE. THE WAY OUR CODE IS STRUCTURED FOR DEVELOPMENT STANDARDS SUCH AS DIGITAL AND NON DIGITAL OR OR SIZE. THOSE ARE ALL VARIANCES THE WAY OUR CODE IS WRITTEN NOW, AND CONDITIONAL USES ARE FOR THE ACTUAL USE OF THE LAND ITSELF. YEAH. BUT I DON'T KNOW. WE HAVE A VEHICLE SIMILAR CONDITIONAL USE FOR IT. UM ALLOWING YOU TO MIX AND MATCH OR SAY I'D LIKE [00:15:05] ONE FROM HERE AND HERE'S AND I CAN BRING A CASE THAT I'M NOT GUARANTEED TO WIN. TO THE BODY TO SAY. HERE'S HOW TO DO IT. I MEAN, I THINK IF THIS GROUP BELIEVES THAT IT'S TIME FOR US TO CHANGE THE CODE SO THAT ELECTRONIC SCIENCE UNDER CERTAIN CONDITIONS ARE NOW AUTOMATICALLY FOR LACK OF A BETTER TERM. OKAY WITHOUT HAVING TO COME IN FOR A VARIANCE. I THINK THAT COUNSEL AND STAFF WOULD REVIEW YOUR RECOMMENDATION AND MAYBE WE COME UP WITH WHAT THE CONDITIONS ARE , UM, WE HAD WHAT WE HAD WITH POOL FENCES. HOW LONG AGO RIGHT . EVERY OTHER PERSON WAS COMING IN WANTING TO NOT HAVE TO DO THE POOL FENCE UNDER THE CONDITIONS THAT WERE IN THE CODE. WE ENDED UP CHANGING THE CODE. BUT THAT DIDN'T MEAN THAT THE PEOPLE THAT WERE IN FRONT OF US AT THAT POINT I, ER YOU KNOW, PETITIONER TODAY THAT WE COULDN'T APPROVE THIS VARIANCE TODAY AND THEN GO AND LOOK AT THAT FOR, UH, YOU KNOW THE REST OF THE BUSINESSES . I'M NOT SURE THAT ONE'S MUTUALLY EXCLUSIVE OF THE OTHERS. AND I DO THINK THAT WE HAVE TO BE CAREFUL ABOUT IF WE DO WRITE CODE SECTION THAT WE PROTECT OURSELVES, SO IT'S NOT OVERLY BROADEN, INCLUSIVE. I MEANT THEM TO BE SEPARABLE ISSUES THAT OKAY, KICKED AN ISSUE, WHICH IS SEPARATE FROM THE CASE, AND I THINK IT'S TIMELY FOR US TO REVIEW THAT. LOOK AT WHETHER WE OUGHT TO BE OPENING THAT UP IN THE CONCEPTION. QUESTIONS AND COMMENTS. AND FROM THE PUBLIC. EXCEPT THE STAFF REPORTS AND REALLY DOCUMENTS INTO THE RECORD FOR VARIANTS 42. YOU HEAR A SECOND ON THE DOCUMENTS MOTION? SECOND, THE DOCUMENT. DISCUSSION ON THE VACUUMS MOTION. PLEASE MR KIRBY. MR LARSON? YES, MISS BRIGGS? YES, MR WALLACE? YES? FOUR VOTES IN FAVOR. REGARDING THE VARIANCE ITSELF. WE HAVE A SIX CONDITION. THAT SIGN IS OFF WHEN THE RESTAURANT IS CLOSED. DO YOUR EMOTION FROM VARIANCE. I'LL SECOND THE MOTION. FOR THE MOVE. FIRST FUNCTION. SORRY. HERE WE ARE. WE ARE SOLICITING A EMOTION. WE DIDN'T MAKE THE MOTION. YOU KNOW, I WAS AS AS THE MOST COMMON NOTE KEEPER ON CONDITIONS. I WAS OFFERING MY CONDITIONS LIST SO THAT JUST THINK AGREEMENT CONDITIONAL, MISUNDERSTOOD THAT YOU ARE MAKING THE MOTIONS. THAT WAS MY . OUT AHEAD AND MAKE A MOTION FOR APPROVAL FOR APPLICANT APPLICATION. B A R DASH 42-20 TO 3 BASED ON THE FINDINGS AND THE STAFF REPORT WITH THE CONDITIONS LISTED IN THE STAFF REPORT. SUBJECT TO STAFF APPROVAL, ALONG WITH AN ADDITIONAL CONDITION NUMBER SIX. IN THAT THE SIGN IS OFF WHEN THE RESTAURANT IS CLOSED SLASH NOT AN OPERATION. DO I HEAR A SECOND? I'LL SECOND THAT MACHINE. DISCUSSION ON THE MOTION ON THE VARIANCE. THE ROLE, PLEASE, MISS BRIGGS. YES MR LARSON, MR WALLACE. YES. MR KIRBY? YES, I HAVE FOUR VOTES IN FAVOR. GOOD LUCK. AND WE WORKED. THEN WE DO KNOW THAT THIS NEEDS TO GO TO COUNSELING. MR WARNER. THANK YOU FOR YOUR INPUT TONIGHT. I THINK IT IS SOMETHING WE NEED TO TAKE A GOOD LOOK AT NOW. TEXAS, TOO. 20 FLAT. 43 HORIZON COURT. THANK YOU. CHAIR MEMBERS OF THE COMMISSION. THIS APPLICATION IS FOR A PRELIMINARY PLATT TO DEDICATE RIGHT AWAY, WHICH ACCOMMODATES THE CONSTRUCTION OF A NEW PUBLIC ROADWAY. THE EXTENSION AND CONNECTION, PROVIDE ACCESS TO EXISTING AND NEW DEVELOPMENT SITES WITHIN THE NEW ALBANY INTERNATIONAL BUSINESS PARK. A PRELIMINARY. PLATT ESTABLISHES BOUNDARIES AND LOCATION OF FUTURE ROADWAYS. THE CITY MUST RETURN TO THE PLANNING COMMISSION AT A LATER DATE TO, UM FOR THE COMMISSION TO REVIEW AND APPROVE OF THE FINAL. PLATT. PRIOR TO THE RIGHT OF WAY BEING ACCEPTED BY CITY COUNCIL. THE CITY IS THE APPLICANT AND THIS IS A CAPITAL IMPROVEMENT PROJECTS THAT THIS CITY IS DESIGNING AND CONSTRUCTING. THE PROPOSED RIGHT OF WAY. DEDICATION EXTENDS EASTWARD FROM HORIZON COURT. JUST HERE. AND INTERSECTS WITH THE EXISTING HARRISON ROAD. CONTINUES EASTWARD UNTIL IT INTERSECTS [00:20:04] WITH CLOVER VALLEY ROAD. THE DEDICATION EXTENSION CONSISTS OF APPROXIMATELY 6000 LINEAR FEET AND NEW RIGHT OF WAY FOR A TOTAL OF EIGHT ACRES. THERE ARE NO RESERVES BEING FLATTED OR LOTS BEING CREATED WITHIN THE NEW BRIDE OF WAY EXTENSION THE PLATTE DEDICATES 60 FT OF RIGHT OF WAY. THE FLAT INCLUDES NEW UTILITY DRAINAGE AND STREETSCAPE. EASTMAN WITH THE, UM THE WIDTH OF THE NEW EASEMENTS ON EACH SIDE OF THE RIGHT AWAY IS 25 FT. THE EXTENSION FOLLOWS THE BUSINESS PARK ROAD CHARACTER CLASSIFICATION, AS DESCRIBED IN THE ENGAGED NEW ALBANY STRATEGIC PLAN. THE 60 FT OF RIGHT AWAY, COUPLED WITH THE PROPOSED 25 FT . WIDE EASEMENTS ON EACH SIDE IS CONSISTENT WITH THE RECOMMENDATION AND THE PLAN AND THE CITY IS SUPPORTIVE OF THE 60 FT OF RIGHT OF WAY AND ADDITIONAL EASEMENT SINCE THIS NAME REQUIREMENTS. IN SUMMARY THE PROPOSED ROAD, PLATT IS CONSISTENT WITH THE GOALS AND OBJECTIVES FOUND AND ENGAGED IN ALBANY STRATEGIC PLAN FOR THIS AREA. ONE OF THE MOBILITY GOALS WITHIN THE STRATEGIC PLAN IS TO MAXIMIZE CONNECTIVITY AND SAFETY OF NEW ALBANESE NETWORK. IT IS A PRIORITY OF THE PLAN TO DISTRIBUTE TRAFFIC THROUGHOUT THE ROADWAY NETWORK. THE ROAD WILL SERVE AS ADDITIONAL CONNECTION WITHIN THE BUSINESS PARK AND PROVIDE ACCESS FOR EXISTING AND NEW DEVELOPMENT SITES. IN THE FUTURE. THIS CONNECTION RESULTS IN HORIZON COURT NO LONGER BEING A CUL DE SAC AND CONNECTS THAT PORTION OF THE BUSINESS PARK TO THE SUPPLIER PARK. AND WITH THAT STAFF THAT'S AVAILABLE FOR ANY QUESTIONS, ENGINEERING. WE REVIEWED THIS REFERENCE PLAN IN ACCORDANCE WITH CITY CODE AND WE HAVE NO COMMENTS. OKAY? ANYONE FROM THE PUBLIC SHOULD SPEAK ON THIS. UM, I HAVE A QUESTION THAT FIRST START OUT AS IT CONCERNS CONFIRMATION. UM WHAT IS THE DISTANCE BETWEEN THE EDGE OF THE 25 FT EASEMENT. AND CENTERLINE OF LIKE LICK CREEK. SO WE'RE ACTUALLY WORKING WITH THE PROPERTY OWNER NOW FOR THE CITY TO ACCEPT A CONSERVATION EASEMENT, AND I BELIEVE THAT CONSERVATION EASEMENT IS AT LEAST. YEAH BETWEEN 50 AND 75. FT FROM THE CENTER LINE OF THE STREAM, SO THE PLATTE DOES CONTEMPLATE THAT CONSERVATION EASEMENTS AND IS IN COMPLIANCE WITH OUR RIGHT PERIOD CORRIDOR CODE SECTIONS, SO THE CITY HAS BEEN WORKING WITH THE PROPERTY OWNER AND AS PART OF THAT CONSERVATION USE MINT. THERE IS LANGUAGE IN THERE. SO WHILE IT DOES PRESERVE AND ALLOWS THE ENHANCEMENT OF THAT BUT ALSO ALLOWS THE CITY TO GO IN IN A FUTURE DATE AND TIME AND PUT IN SOME PARK LIKE AMENITIES WITHIN THAT SECTION OF THE BLACK LEAD CREEP THERE. I JUST IT WOULD RUN JUST BETWEEN THIS SECTION RIGHT HERE. THE BLACK LICK CREEK. SO WE COULD PUT IN LIKE PERMEABLE PAVERS AND PARK BENCHES AND OTHER LIMITED AMENITIES FOR BUSINESS PARK USERS OUT THERE. DO WE NORMALLY ALLOW THAT INSIDE THE CONSERVATION? CALCULATION ZONES AROUND THE CREEKS. TYPICALLY NOT KNOW THERE'S ONLY BEEN A FEW EXCEPTIONS WHERE WE'VE HAD THAT TYPICAL CONSERVATION EASEMENT DOESN'T ALLOW ANY TYPE OF IMPROVEMENTS, BUT WE WERE ABLE TO GET THAT APPROVED BY THE OHIO EP. A UM, FOR THE LIMITED AMOUNT AND AGAIN, IT'S JUST FOR THINGS LIKE PERMEABLE PAVEMENTS AND MULCH AND BENCHES. AND I THINK THAT IS TRULY THE LIMIT OF THE IMPROVEMENTS THAT A LOT OF THAT CONSERVATION IS MEANT. I'M NOT THRILLED WITH THE CONCEPT OF MULCH IN THERE. UM DEPENDING ON WHERE THE FLOODPLAIN IS BECAUSE ABSOLUTELY. I HAVE A STRAIGHT FORWARD OBJECTIONS. MULCH IN THE FLOODPLAIN IS NOT SOMETHING I'M THRILLED ABOUT. BECAUSE WHEN THE GREEK RISES, THE MULCH GOES DOWN STRAIGHT. AND. I DID NOT ACTUALLY HEAR AND ANSWER THE QUESTION THAT I ASKED, WHICH HAS NUMBERS AND UNITS, WHICH IS FROM THE EDGE OF THE 25 FT EASEMENT. TO THE CENTER LINE OF THE CREEK. DO WE HAVE A NUMBER? OH, SORRY, BUT I'M NOT SURE IT VARIES BETWEEN 50 AND 75 FT IN WIDTH. IT HAS A MINIMUM 50 CORRECT. AND THAT'S FROM THE EDGE OF THE 25 FT. AWAY FROM THE PAVEMENT. TO THE SCREEN ONE, OKAY? CORRECT. BETTER QUESTIONS AND COMMENTS. [00:25:15] SO. THIS MAY BE A DUMB QUESTION . I'M STILL LEARNING AND THIS COMMISSION BUT WHY DOESN'T IT COME? WHY DON'T WE BRING IT FURTHER SOUTH? I'M SURE THERE'S LIKE SOME SORT OF ENGINEERING LIMITATION TO THAT. BUT OBVIOUSLY, THEY GET FOR IT TO NEIL'S POINT TO GET FURTHER AWAY FROM THE CREEK. SO IT'S A COMBINATION OF WORKING WITH THE PROPERTY OWNERS AND A DESIRED STREET ALIGNMENT FROM THE CITY. SO THIS IS DOING TWO THINGS. ONE OF OUR GOALS FROM OUR WE SHOULD TRAIL MASTER PLAN IS TO CREATE, UM, EDGES, AND SO WE HAVE HISTORICALLY AS A COMMUNITY, UH , GIVES STREETS TO CREATE AND HEDGE BETWEEN PRIVATE SPACE OR LIKE WHEN DEVELOPMENT OCCURS ON THE SOUTH SIDE OF THE STREET HERE, AND MORE PUBLIC SPACE, WHICH WOULD SERVE THROUGH THAT CONSERVATION EASEMENT TO OPEN IT UP FOR, YOU KNOW, MEMBERS OF THE ENTIRE BUSINESS PARK IN THE COMMUNITY TO USE IN THE FUTURE. UM SO IT IS, YOU KNOW, PRESERVING THE ABILITY OF THE PRIVATE LAND OF LANDOWNERS TO HAVE LARGER AREAS FOR DEVELOPMENT FOR MORE FLEXIBILITY IN THAT SENSE, AND ALSO IT IT WAS PARTIALLY BECAUSE OF THE CREEK AND THEN ALSO FOR POTENTIAL FOR IT. ONLINE MINTS GOING EASTWARDS THAT'S BEEN CONTEMPLATING ALL THE WAY OVER TO THE MINK NOT SHOWN HERE, BUT JUST AN IDEA AS FAR AS PROPERTY OWNERSHIP GOES AND IDEAL ALIGNMENT CENTERING IT BETWEEN, UH, THE SECTION UP HERE WHERE IT'S EAST WEST AND CENTERING BETWEEN JUG STREET TO THE SOUTH. SO IN THIS SECTION RIGHT HERE SO AND THIS IS LIKE MULTIPLE PROPERTY OWNERS. UH THIS IS ALL ONE PROPERTY OWNER WITHIN THIS SOUTHERN SECTION RIGHT HERE. YEAH. AND I'M PROBABLY MISSED THIS. BUT IS IT A TWO LANE ROAD? UH I DON'T THINK WE SAID THAT. BUT THAT IS A GREAT QUESTION IT IS GOING TO BE. I THINK IT'S DESIGNED FOR A TWO LANE SECTION. IT'S GOING TO BE THE SAME SECTION AS HORIZON COURT IS TO THE WEST HERE AGAIN FOR ANOTHER CLARIFICATION. HORIZON COURT IS , UH, PART OF THE BUSINESS PARK. IT'S IT HAS COMMERCIAL BUILDINGS THERE. THERE'S NO RESIDENTIAL CORRECT CORRECT. THANK YOU. BELIEVE JOSH CAN ALSO SPEAK. TO THAT AS WELL. SO JOSH IS WITH MHM T, THE CITY'S DESIGN CONSULTANT AND CREATED THIS PLAN. YES. SO. OKAY SO LIKE A SON IN TURN IN TURN LINE. AND JUST BECAUSE I'M CURIOUS. SORRY WHO'S THIS PROPERTY OWNER? HERE? IS THIS ALL ONE IS THIS ALL ONE ENTITY HERE? NO THERE'S MULTIPLE PROPERTY OWNERS IN THERE. UM WE HAVE TO THIS THE SOUTHERN BORDER DRUG STREET THAT IS FORM OF IT. OKAY AXIOM, WHICH BORDERS THE PROPOSED ROADWAY. UH CURRENTLY THAT I BELIEVE IS. IS THAT SCOTLAND BJ RIGHT NOW, UM, BUT IT'S SUPPOSED TO BE TRANSFERRED. BUT THAT SPLIT COMES ABOUT IT. THE NORTHERN MOST POINT OF BUILDING ONE FOR LINCOLN COMES ACROSS ROUGHLY. YEAH, ROUGHLY SPLITS THERE. AND THIS IS CLOVER VALLEY. RIGHT? OKAY. THANK YOU. AND FOR CONTEXT, THE BATCH PLANT, BUT THIS. COMMISSION APPROVED RECENTLY IS TO THE NORTH. WAR TO THE NORTH AND SOUTH OF THE RIGHT, RIGHT AND GLORY. REMINDER THAT THE TRANSMISSION POLES IS WHY THAT BLUE. SQUIGGLY LEWDNESS IS HAPPENING. OH THE CREEK CONSERVATION ZONE IS ENVISIONED AT 100 FT WIDE. SO THE CODE AND WHAT WAS APPROVED IN THE ZONING AT OUR LAST MEETING WAS A TOTAL 100 FT. AND IT CAN SHIFT SO THERE'S AT LEAST 25 ALWAYS ON ONE SIDE AND 25 75, BUT ALWAYS A MINIMUM OF 100. FEW PERHAPS HELPING HAVING IT BE 50 FT MEANS THAT THE CREEK IS IN THE MIDDLE OF THE ZONE, WHICH IS BEST FOR THE CREEK AND WE CAN DO IT. AND THIS ONE WAS 50 FT. OFF. OTHERS. AND MOVE EXCEPT THE STAFF REPORTS RELATED DOCUMENTS IN THE RECORD FOR PPL 43. WE ARE SECOND [00:30:04] ON THE DOCUMENTS MOTION. AND SECOND, THE MOTION. DISCUSSION OF THE DOCUMENTS MOTION. THOROUGHLY. MR KIRBY? YES MR LARSON? YES MR WALLACE? YES YES, I HAVE FOUR VOTES IN FAVOR. DO I HEAR A MOTION FOR APPROVAL ON THE. ACTUALLY I MOVE FOR APPROVAL ON CULINARY PLATT 43 2023. THE CONDITION THAT THE. ALIGNMENT VISA SUCH THAT THE 20 THE EDGE THE NORTHERN EDGE OF THE 25 FT. EASEMENT THE DEPUTY FROM. CENTER LINE. BLACKLEY CREEK ONE MORE. YOU HEAR A 2ND 2ND? DISCUSSION ON THE MOTION FOR THE FLAT. OVERALL, PLEASE. MR KIRBY, MISS BRIGGS, MR WALLACE. YES MR LARSON. I HAVE FOUR VOTES IN FAVOR. THANK YOU. DO WE HAVE ANY OTHER BUSINESS? NO. ALL MEMBERS FOR COMMENT, SIR. NONE FOR ME. UM, NOT A RECORD. HMM. AND WITH THAT * This transcript was compiled from uncorrected Closed Captioning.