ITS STAFF READY. IT'S CALLED THE PLANNING COMMISSION MEETING FOR MONDAY, AUGUST 21ST. CAN YOU
[I. Call to order]
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ROLL PLEASE? MR. KIRBY PRESIDENT, MR WALLACE. MR SCHELL BRIGGS HERE, MR. LARSON PRESENT COUNCIL MEMBER, BRISK PRESIDENT. THERE ARE FOUR VOTING MEMBERS PRESENT. WE HAVE A QUORUM. THANK[III. Action on minutes]
YOU. TAKES US TO ACTION MINUTES FROM I HAVE A REQUEST FOR THE PDF COULD THEY HAVE BOOKMARKS OR CHAPTERS OR SOMETHING? BECAUSE IF YOU WANT TO, LIKE GERMANS JUMP TO THE FIRST CASE. IT'S 90 PAGES IN OR SO. TO GET THROUGH ALL OF EVERYTHING THAT WINDS UP IN OUR MINUTES, ETCETERA, SO. A WAY TO GET AROUND THE PDF A LITTLE MORE FLUIDLY WOULD BE WONDERFUL. ARE THERE ANY CORRECTIONS TO THE MINUTES FROM OUR JULY 17TH. NOT HERE. OKAY, SO YOUR EMOTION ON THE MINUTES.I MOVE TO APPROVE THE MINUTES FROM THE JULY 17 2023 MEETING. STILL HERE? A 2ND 2ND THAT DISCUSSION ON THE MOTION. THE ROLE, PLEASE. MISS BRIGGS. YES MR LARSON? YES MR SCHELL? YES, MR KIRBY. WE HAVE FOUR VOTES TO APPROVE THE MINUTES. ARE THERE ANY ADDITIONS OR CORRECTIONS TO
[IV. Additions or corrections to agenda]
EACH OTHER? WE HAVE AN ADDITION WE WOULD LIKE TO INTRODUCE A NEW STAFF MEMBER AND I'M GOING TO TURN IT OVER TO STEVE TO DO SO. OKAY? NO, THANKS. WE'RE WELCOME . OR WE ARE THANKFUL TO WELCOME JOSH ALBRIGHT. SO HE'S THE NEWEST MEMBER ON IN THE COMMUNITY DEVELOPMENT TEAM. SO JOSH IS AN ENGINEER. SO WE HAVE CARE. WILL MISS CARA, BUT SHE IS TRAINING JOSH GETTING UP TO SPEED ON EVERYTHING BOARDING CONDITION RELATED, SO HE'LL BE YOUR NEW POINT, MAN FOR ALL THINGS ENGINEERING RELATED. AND SO WE'RE LOOKING FORWARD TO CONTINUING TO WORK WITH HIM. SO WELCOME, JOSH. NEXT YEAR. EVERYONE WHO WISHES TO ADDRESS THE COMMISSION. PLEASE RISE. DO YOU SWEAR TO TELL THE TRUTH AND NOTHING BUT THE TRUTH? THANK YOU WHILE YOU'RE UP, CHECK YOUR CELL[V. Hearing of visitors for items not on tonight's agenda]
PHONES AND MAKE THEM SILENT. BOTTOM FIVE IS HEARING THE VISITORS FOR ITEMS THAT ARE NOT ON TONIGHT'S AGENDA. DO WE HAVE ANY SUCH VISITORS WHO WISH THE COMMISSIONER. HEARING THAT WE[VI. Cases]
MOVED TO OUR CASES. THE FIRST CASES FINAL DEVELOPMENT PLAN 69 CAME HERE FROM STAFF, PLEASE.THANK YOU. CHAIR MEMBERS OF THE COMMISSION. IF IT IS OKAY WITH ALL OF YOU, I'M GOING TO PRESENT FDP 69, 2023 AND V A R 70 2023 AS ONE PRESENTATION. PROCEED. THE APPLICANT REQUESTS A FINAL DEVELOPMENT PLAN AND VARIANCES FOR A TACO BELL TO BE LOCATED NORTH OF STATE ROUTE 1 61, SOUTH OF SMITH'S MILL ROAD AND WEST OF BEACH ROAD WITHIN THE BEACH CROSSING ZONING DISTRICT. THE PROPOSED TACO BELL SITE. HERE'S A SITE PLAN. WE'LL BE ACCESS FROM TO CURB CUTS WONDERFUL ACCESS POINT NEAR THE SOUTHEAST CORNER OF THE SITE AND ONE RIGHT IN ONLY NEAR THE NORTHEAST CORNER OF THE SITE. BOTH CURB CUTS ARE ACCESS BY BEACH CROSSING. WHICH IS A PRIVATE DRIVE SERVING THE DEVELOPMENT. THE PROPOSED PLAN DOES MEET THE DEVELOPMENT STANDARDS WITH REGARD TO LOCK COVERAGE. SETBACKS PARKING LANDSCAPING. PROVIDING THE 8 FT WIDE LEISURE TRAIL AND HORSE FENCE ALONG SMITH'S MILL ROAD AND PROVIDING DIRECT CONNECTION TO THE SIDEWALK ALONG BEACH CROSSING FOR THAT PEDESTRIAN CONNECTION. THE APPLICANT IS APPLYING FOR TWO VARIANCES RELATED TO THIS FINAL DEVELOPMENT PLAN. AND THEY AS I SAID, OR UNDER THE SEPARATE APPLICATION, BUT I WILL GO THROUGH THOSE REQUESTS AS PART OF THIS PRESENTATION. THE PRIMARY BUILDING. MATERIAL FOR THE RESTAURANT IS BRICK, WHICH IS PERMITTED IN THE ZONING TEXT.
THE ARCHITECT IS ALSO MEETING. UH PRIMARY STANDARDS REGARDING THE NUMBER OF STORIES, SCREENING ROOFTOP MECHANICAL EQUIPMENTS AND PROVIDING FOR CITED ARCHITECTURE. THE DDR SECTION SIX STATES THAT BUILDING SHALL HAVE ACTIVE AND OPERABLE FRONT DOORS ALONG ALL PUBLIC AND
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PRIVATE STREETS, AND THE APPLICANT IS REQUESTING A VARIANCE TO ELIMINATE THIS REQUIREMENT. THE BUILDING HAS TWO FRONT EDGES. ONE ALONG, UM EACH CROSSING AND THE OTHER ALARM SMITH'S MILL THE ELEVATION WITH NO ACTIVE DOOR IS ALONG THE SIDE OF THE BUILDING THAT IS ADJACENT TO BEACH CROSSING, WHICH IS A PRIVATE DRIVE. THIS SITE AND THE OVERALL BEACH CROSSING DEVELOPMENT IS AUTO ORIENTED BY DESIGN. THEREFORE IT DOES NOT APPEAR THAT MAINTAINING AN ENTRANCE TO EVERY STREET IS AS IMPORTANT IN THIS DEVELOPMENT ALONG A PRIVATE ROAD. UM WHICH IS A SECONDARY ROAD AND ALL SIDES OF THE BUILDING OUR DESIGN WITH THIS SIMILAR CALIBER FINISH USING THE SAME BUILDING MATERIALS, SO NONE OF THE ELEVATIONS APPEAR TO BE LESSER, UM, A LESSER SIDE OF THE BUILDING. AS PART OF THIS FINAL DEVELOPMENT PLAN APPLICATION, THE APPLICANT HAS SUBMITTED A SIGN PLAN FOR THE STATE. CURRENTLY CODE PROHIBITS DIGITAL MENU BOARDS, SIGNS AND THE APPLICANT IS REQUESTING A VARIANCE TO ALLOW FOR A DIGITAL MENU BOARDS SIGNED TO BE LOCATED IN THE REAR OF THE BUILDING. AS YOU MAY RECALL. I BELIEVE IT WAS THAT LAST NIGHT AND JULY WHEN THE PLANNING COMMISSION REVIEWED AND APPROVED THE PROPOSED CODE CHANGE TO SECTION 11 69. TO PERMIT AND ESTABLISHED REGULATIONS FOR ELECTRONIC DRIVE. THRU MENU BOARDS, SIGNS THAT WAS APPROVED BY CITY COUNCIL ON AUGUST 15TH. AND SO THE APPROVAL WILL NOT GO INTO EFFECT UNTIL NEXT MONTH ON SEPTEMBER 15TH. SO ANY CURRENT REQUESTS FOR AN ELECTRONIC MENU BOARDS. SIGNS STILL REQUIRES THE VARIANTS. UM. THE PLACEMENT OF THE MENU BOARD SIGN IS DIRECTED AWAY FROM PUBLIC ROADS, AND THE SIDE MEETS ALL OTHER MENU BOARDS SIGN REQUIREMENTS IN CITY CODE. THEREFORE STAFF IS SUPPORTIVE OF THAT REQUEST. DOES THIS MEAN THE NEW CODE? YES. THE APPLICANT PROPOSES TO INSTALL TWO WALL SIGNS ONE ON THE EASTERN BUILDING ELEVATION AND ONE ON THE NORTHERN ELEVATION. BOTH SIDES MEET COLD AND THEY ARE PROPOSED TO BE WHITE. IT IS WORTH NOTING THAT THE ELEVATION SHE IN YOUR PACKET DID SHOW THE WALL SIGNS TO HAVE SOME PURPLE BUT THEY THAT WAS A MISTAKE, AND THEY WILL FOLLOW THE STEIN PACKAGE AND ARE TO BE WHITE. UM OH, COME BACK TO THE MONUMENT SIGN THE APPLICANT IS PROPOSING TO INSTALL ONE MONUMENT SIGN AT THE NORTHEAST CORNER OF THIS SITE ALONG SMITH'S MILL ROAD SIGN NEEDS CODE REQUIREMENTS AND WILL, UM FOLLOW THE SAME SIGNAGE THAT IS CURRENTLY ESTABLISHED ALONG STATE ROUTE 62. WHERE DAIRY QUEEN AND THE FUTURE WENDY'S SITE ARE LOCATED, SO THAT SIGN WILL ALSO MATCH THAT, UM, CONTINUANCE ABOUT STREETSCAPE DESIGN. OVERALL STAFF USED THE USE AS APPROPRIATE. IT'S MEETING ALL OF THE GENERAL REGULATIONS AND THE VARIANCES ARE TYPICAL OF OTHER RETAIL USES IN THIS CITY. HOWEVER THE CITY'S DESIGN CONSULTANT REVIEWED THE PROPOSAL. AND ONE OF THE COMMENTS IS TO REVISE THE SITE PLAN TO PROVIDE A PARTIAL PRIVATE STREET EXTENSION AND CROSS ACCESS ISN'T ALONG THE REMAINDER OF THEIR REAR OF THE PROPERTY TO ALLOW FOR FUTURE ROAD CONNECTION IF AND WHEN FUTURE DEVELOPMENT TO THE WEST OCCURS. BE ENGAGED TO ALBANY STRATEGIC PLAN RECOMMENDS COMBINED CURB CUTS CROSS ACCESS EASEMENTS AS DEVELOPMENT STANDARDS FOR RETAIL USES. THE STRATEGIC PLAN ALSO RECOMMENDS CURB CUTS ON PRIMARY STREETS BEING MINIMIZED AS WELL AS ORGANIZED CONNECTIONS BE CREATED WITHIN AND BETWEEN ALL RETAIL ESTABLISHMENTS. ONE OF THE PLANNING, UM, THE HALLMARK PLANNING PRINCIPLES IN NEW ALBANY IS HAVING CONNECTIVITY[00:10:04]
BETWEEN RETAIL AND COMMERCIAL USES AND HAVING AN INTERNAL ROADWAY AND HAVING THAT HERE IS IMPORTANT. THE PROPERTY TO THE WEST IS ZONED FOR ADDITIONAL RETAIL USES. AND HISTORICALLY, RETAIL USERS HAVE EXTENDED THE PRIVATE STREET WITHIN THIS AREA AND CONFORMANCE WITH THE STRATEGIC PLAN RECOMMENDATIONS. ONE EXAMPLE OF THAT IS THE HOLIDAY INN EXPRESS. WHICH HAD TO EXTEND THE ROOM AS THE TIME OF THEIR DEVELOPMENT. STAFF RECOMMENDS A CONDITION THAT APPROVAL THAT THE SITE PLAN BE REVISED TO ACCOMMODATE AND INCLUDE AN EXTENSION OF THE 24 FT WIDE PRIVATE DRIVE. ADJUSTING THE LOCATION OF THE CARPET TO ALIGN WITH THE EXISTING PRIVATE ROAD. RELOCATING THE DUMPSTER, PROVIDING SIDEWALK AND PROVIDING ACROSS ACCESS, EASEMENT AND CITY STAFF WOULD RECOMMEND THAT THE FINAL DESIGN THE SUBJECT TO STAFF APPROVAL. AND WITH THAT STOCK RECOMMENDS APPROVAL OF THE APPLICATION WITH THE CONDITIONS LISTED IN THE STAFF REPORT, AND THE SITE REDESIGNED WITH THE PRIVATE ROAD EXTENDED TO THE WEST. THAT STUFF WAS AVAILABLE FOR ANY QUESTIONS. THANK YOU. GEARING. UM ONES CONSTRUCTION PLANS BECOME AVAILABLE, WE WILL EVALUATE FOR STORMWATER MANAGEMENT, ROADWAY CONSTRUCTION , WATER DISTRIBUTION AND SANITARY COLLECTION. THANK YOU. DO YOU WANT TO DO THE VARIANCE? PRESENTATION. I JUST HIGHLIGHTED THE VARIANCES IN THERE, BUT I CAN GO OVER THEM. IF YOU WOULD LIKE THERE'S ANYTHING IN PARTICULAR YOU NEED TO ADD TO ROUND IT OUT. NO I GUESS I CAN JUST REITERATE THE TWO VARIANCES ARE, UM FOR THE MENU BOARD SIGNED BEING DIGITAL. AND THE, UM. ELIMINATING THE REQUIREMENT FOR HAVING THE ACTIVE AND OPERABLE DOOR ON THE BEACH CROSSING SIDE. THANK YOU. COME HERE FROM AFRICA. HELLO MY NAME IS EVAN SALARIES. I'M WITH KIMBERLY HORN AND I'M REPRESENTING MASS RESTAURANT GROUPS DEVELOPING THIS TACO BELL. DID YOU HAVE ANYTHING YOU WANT TO ADD? THE MAIN THING THAT WE WOULD ADD? IS WE FEEL STRONGLY THAT AND ACCESS DRIVE IS NOT NECESSARY FOR THIS DEVELOPMENT. UM AS CHELSEA MENTIONED THE PROPERTY THERE.WEST IS ZONED FOR RETAIL USE, BUT IT'S CURRENTLY OCCUPIED BY A WET BASIN. UM THE CONNECTION WOULD SERVE THE PROPERTY TO THE SOUTH, AND WE BELIEVE I CONNECTION CAN BE MADE FROM THAT PROPERTY TO THE EXISTING BEACH CROSSING ALIGNMENT. WITHOUT THE NEED TO GO THROUGH OUR PROPERTY.
UM AND I WOULD LIKE TO MOVE FORWARD WITH THE SITE PLAN AS SUBMITTED. OKAY DO YOU HAVE ANY CONFLICT ANY OF THE OTHER CONDITIONS? UNDERSTANDABLE. NO, SIR. WHAT'S YOUR HESITATION FOR THEM? ACCESS AS I SAID, UM, WE BELIEVE THAT THAT ACCESS DRIVE IS GOING TO AT BEST DEAD END.
INTO A WET BASIN. UM JUST LAST NIGHT, THERE WAS A MAN WHO DIED IN A CAR ACCIDENT AND A POND AND FRANKLIN CONSERVATORY. I DON'T WANT TO BE THE ENGINEER THAT DESIGNS THE DEBT AND ACCESS IS STRAIGHT INTO A BOTTLE OF WATER. OTHER COMMISSION MEMBERS. QUESTIONS COVERS. I JUST HAVE A QUESTION FOR STAFF IS THIS THE BASIN THAT HE'S TALKING ABOUT? THAT'S CORRECT. AND IS THAT A WETLAND? SO IT'S NOT A WETLAND. IT'S A TEMPORARY STORM WATER BASIN THAT IS ON A DIFFERENT PROPERTY OWNERS. UM ADJACENT PROPERTY. UH SO I DON'T KNOW HOW THE ROAD DOES OR DOESN'T ALIGN.
YOU CAN SEE WHAT THE SOUTHERN EDGE OF THE POND THERE, BUT THE POND, YOU KNOW, AND THE WAY IT'S PERMITTED WITH THE CITY, IT IS TEMPORARY. YOU KNOW, WHEN DEVELOPMENT SHOULD OCCUR TO THE WEST AND SOUTH OF THIS PROPERTY UM, YOU KNOW, THE STAFFING DISSIPATES. THAT POND, YOU KNOW, COULD BE REDESIGNED AND MAYBE REDESIGNED AT THAT POINT. WHAT YOU SEE AT THE TOP, RIGHT? HERE IS THE INITIAL PHASE ONE ROADWAY AND LANDSCAPE MASTER PLAN FOR THIS RETAIL CORNER HERE AND AT THE TIME WE DIDN'T KNOW YOU KNOW HOW FAR THE RETAIL IS GOING TO GO AT THIS CORNER, SO WE DID YOU KNOW JUST THE INITIAL CORNER THERE, BUT AS DEVELOPMENT CONTINUES TO OCCUR WEST, THE
[00:15:01]
INTENT WAS TO CONTINUE THE ROAD NETWORK AND LANDSCAPE PLAN TO MAKE SURE THERE'S CONSISTENCY.YOU KNOW, THROUGHOUT THIS ENTIRE 95 ACRES OWN, THAT'S SOUTH OF SMITH'S MILL AND WEST BEACH. AND AS THE APPLICANT BEING REQUIRED TO BUILD THAT, OR THIS IS JUST AN EASEMENT FOR SOME FUTURE DEVELOPMENT TO BUILD. SO I THINK WE'VE TRIED TO BE REASONABLE AND DO A COMPROMISE WHERE AN INITIAL ROADWAY NETWORK WOULD BE NEED TO BE CONSTRUCTED BY THE APPLICANTS, SO IT WOULD BE JUDGING BY THE SITE PLAN THERE, ABOUT TWO THIRDS OF IT WOULD BE A CONTINUATION OF THAT PRIVATE ROAD AS IT EXISTS TO THE EAST SO THEY WOULD CONTINUE THAT SAME DEVELOPMENT PATTERN WHERE THERE NEED TO BE A SIDEWALK, SIX INCH CURB AND IN 24 FT. WIDE DR LANE AND THEN I THINK THE CONDITION ALSO SAYS THAT THERE BE ACROSS ACCESS EASEMENT TO ALLOW FOR CONSTRUCTION. UM OR GLAD TO HAVE THIS ROAD CONTINUE TO GO WEST IF AND WHEN DEVELOPMENT SHOULD OCCUR TO THE WEST, SO YOU KNOW, TO ADDRESS YOU KNOW, CAR GOING IN, YOU KNOW, CERTAINLY, WE CAN PUT FUTURE ROAD SIGNS THERE AND OTHER BARRICADES. AND I THINK THAT'S ALSO PARTIALLY WHY WE DON'T HAVE THE ROAD AND ARE ARE RECOMMENDED CONDITION IS THAT THIS ROADWAY DOESN'T GO ALL THE WAY TO THE WESTERN PARCEL. THIS WILL ALLOW FOR MORE FLEXIBILITY AND DESIGN IN THE FUTURE TOOTH. IT DOES NEED TO BEND. AND THEN SO THIS IS COMING OFF. SMITHVILLE CORRECT. CORRECT SO IS THIS AND THIS IS AN ENTRY OR IS THIS AN EXIT? RIGHT AND ALL THAT. YEAH, RIGHT. AND ONLY IS THAT A PRETTY GOOD DISTANCE COMING OFF SMITHVILLE TO COME IN HERE? UM I'M NOT SURE WHAT THE DISPUTE IS. OUR TRAFFIC ENGINEER DID TAKE A LOOK AT IT AND WAS OKAY WITH WHAT THEY'RE PROPOSING. THE, UM. THE DEVELOPMENT STANDARDS TEXT DOES ALLOW TO ACCESS POINTS ON BEACH CROSSING AS LONG AS THE CITY ENGINEER AND TRAFFIC ENGINEER ESSENTIALLY GIVE THEIR BLESSING. UM SOMETIMES IT MAY TRIGGER TRAFFIC ANALYSIS IN ORDER TO GET THAT SECOND ACCESS. BUT THE TRAFFIC ENGINEER MOST COMFORTABLE. UH SAYING OKAY TO THAT SECOND ACCESS POINT WITHOUT REQUIRING THE TRAFFIC ANALYSIS.
HELP ME UNDERSTAND THE FLOW OF TRAFFIC A LITTLE BETTER. SO YOU COME OFF HERE AND YOU WANT TO COME IN. YOU CAN COME HERE. CORRECT. YES SO THEY WOULD ENTER . THEY COULD ENTER INTO THE RIGHT ONLY AND THEN CIRCLE IF THEY WANT TO GO INTO THE DRIVE THROUGH, THEY WOULD CIRCLE AROUND. CORRECT AND THEN CUBAN FROM BEHIND INTO THE DRIVE THROUGH AND THEN GO OUT. THIS IS NOT AN EXIT AT ALL. CORRECT THEY WOULD HAVE TO CIRCLE BACK AROUND AND EXIT IN THE REAR. YES. TWO LOOKS. THAT'S A DESOLATION WE HAVE. SO WHO, UM, ORIGINALLY THE APPLICANT PRESENTED AS SITE PLAN THAT HAD DRIVE THROUGH QUEUING IN THE FRONT OF THE BUILDING WITH THE MENU BOARD SIGN IN THE FRONT FACING SMITH SMELL AND STAFF WORKED WITH THEM TO REORIENT REORIENT THE DRIVE THROUGH Q INTO THE BACK OF THE BUILDING, AND, UM, THIS IS WHAT WORKS FOR THAT TO HAPPEN. SO CAN YOU READ OR WRITE ON STAFF'S RECOMMENDATION FOR THE PRIVATE ROAD ABOUT HOW FAR IT GOES AND WHERE IT STOPS. THE CONDITION WANTS TO TAKE IT THROUGH WHERE THE ARROWS ARE. BUT NOT THROUGH THE DIAGONALLY. SLASH LINE OR DID. THAT'S CORRECT. YEAH APPROXIMATELY THE ROAD SHOULD TERMINATE WHERE THE DUMPSTERS TODAY THIS WILL NEED TO BE RELOCATED, SO IT'S GRASS TO ALLOW FOR A FUTURE EXTENSION. AND THEN THE TURN OR THE CURB CUT FROM THE SITES. ONTO THE STREET. WE NEED TO BE REDESIGNED AS WELL. AND THIS PRIVATE ROAD HAS SERVED BOTH WEST AND SOUTH.
THAT'S CORRECT. IT COULD POTENTIALLY YES. YEAH, THE THOUGHT BEING THAT IF IT'S ONLY EXTENDED TO THIS POINT, IF THE ROAD ALIGNMENT NEEDS TO CURVE A LITTLE BIT, DEPENDING ON THE SITE OF THE FUTURE RETAIL SITE HERE, AND THIS IS ALSO WHERE SMITH'S MILL STARTS TO BEND AS WELL. THEN YOU KNOW, KIND OF BE GOING WITH THE ALIGNMENT. PARALLELISM IT SMELLS. IT BEGINS TO BEND SOUTH WOULD BE ON THE HOOK FOR THE COST OF CONSTRUCTING THE EXTENSION FROM WHERE WE CURRENTLY SHOW AN ENDING TO THEIR LOT LINE. THE PRIVATE DEVELOPER TACO BILL WOULD HAVE TO PAY FOR THIS IMPROVEMENT. AFTER THE FACT. SO IF IT'S THREE YEARS FROM NOW
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THAT THE NEXT LOT DEVELOPS OH, FOR THE FUTURE EASEMENT AREA. SO TYPICALLY, WE COULD EITHER ENTER IN SOME TYPE OF AGREEMENT WITH TACO BELL OR THE NEXT SLIDE TO THE WEST WOULD HAVE TO ENTER IT OR HAVE TO CONSTRUCT THAT. UM THAT ROAD EXTENSION. HAVE A PUBLIC QUICK FOLLOW UPS. UM SO JUST REMIND ME CHELSEA. I THINK YOU MIGHT HAVE MENTIONED THIS. BUT WHO'S THE OWNER OF THIS PRIVATE ROAD? IT'S ALL THROUGH HERE. CORRECT. YES SO I BELIEVE THE PRIVATE ROAD IS OWNED BY, UM THE PROPERTY OWNERS, SO IN THE TOP RIGHT HAND CORNER KIND OF SHIVS. THE CORNER PIECES THAT ARE CURRENTLY IN THE. AND THE DEVELOPMENT SO THE PROPERTY OWNERS OF THOSE LOTS WOULD OWN THAT PRIVATE ROAD. AND THEN I FOLLOW UP ON HANDS AS QUESTION REGARDING THE TRAFFIC FLOW. SO IF A CAR COMES IN HERE GOES AROUND, GOES TO THE DRIVE THROUGH. GOES BACK OUT THIS WAY COMES ALL THE WAY AROUND. THEY'RE GOING TO BE COMING DOWN HERE TO EXIT RIGHT? AND SO THEY CAN GO LEFT HERE. OR THEY COULD GO SORT OF STRAIGHT AND WIND DOWN AROUND HERE LIKE IF THEY WERE GOING TO THE GAS STATION, CORRECT. OKAY AND THERE'S NOT A CONCERN ABOUT THIS. THIS LEFT OUT AND JUST, YOU KNOW, TRAFFIC BACKED UP AND THERE WAS NO CONCERN FROM THE TRAFFIC ENGINEER BASED ON THE DISTANCE BETWEEN THE TWO INTERSECTIONS, SO THERE WOULD BE CONCERNED IF THIS WAS A LEFT OUT BECAUSE OF THE NUMBER OF LANES AND THE PROXIMITY TO LASER POINTERS TIME, BUT THE PROXIMITY JUST MISSED MILL ROAD THERE. AND DOES THIS CHANGE ANY OF THE STUDIES THAT HAVE BEEN DONE WITH LIKE THE FIRE TRUCK ACCESS AND SO FORTH? IS THAT STILL WORK WITH WHAT? WITH THE ROAD IS MEANT THE EMPLOYMENT. THEY WOULD PROBABLY NEED TO SUBMIT A NEW FIRE TRUCK TURNING RADIUS EXHIBIT AT THE TIME OF PERMITTING. SO THAT THE CONTINGENT ON THAT CIRCULATION, WORKING AS WELL. WE STILL HAVE A FRIEND OF YOUR CONDITION WE'D HAVE TO ADD SINCE IT'S NOT SHOWING TO US TONIGHT. SORRY WHAT WAS YOUR CONDITION? IT WOULD BE THE TRUCK FIRE TRUCK CIRCULATION. NEED TO BE APPROVED BY STAFF. THEY'RE FUN PERMIT, SUBMISSION OR SOMETHING LIKE THAT. FORGET THAT. IS THAT AN AUTOMATIC. THAT IS SOMETHING UM, TYPICALLY REQUIRED. THREE. THE PERMIT PROCESS. YEAH SO THE CITY FACILITATES THE FIRE DEPARTMENT'S REVIEW DURING THE ENGINEERING BUILDING STAGES OF THE PERMANENT PROCESS, SO WE WOULD CERTAINLY BRING THEM IN TO MAKE SURE THE FIRE DEPARTMENT REVIEWS AND IMPROVES ANY PLANS PRIOR TO CONSTRUCTION. THAT'S THE QUESTION DO WE NEED TO MAKE IT A CONDITION OR IS THAT JUST STANDARD PROCESS THAT IT IS TECHNICALLY STANDARD PROCESS, BUT IT DOESN'T HAVE TO PUT AT IT AS A CONDITION. I THINK ONE OF THE MAIN QUESTIONS HERE. ARE YOU WILLING TO PUT IN THE EASEMENT? YES WE WOULD BE WILLING, IF REQUIRED BY SUSCEPTIBILITY AMUSEMENT. GIRL. YES. YES, SIR. ANYONE FROM THE PUBLIC HAVE ANY QUESTION OR COMMENT ON THIS? I HAVE ANOTHER QUESTION. ON THE. MENU SIGN. IT LETS YOU ASSIGN.THAT IS SOMETHING THAT WE DID APPROVE AND IT'S GOING TO BE BITTEN, TOO. THERE'S NO FURTHER APPROVALS, RIGHT? THAT'S JUST CORRECT. YES YEAH. YEAH, SO IF THIS WAS SUBMITTED FOR THE SEPTEMBER MEETING, A IT WOULDN'T NEED TO, UM, HAVE THE VARIANCE REQUEST BUT BECAUSE IT WAS JUST BEFORE THE ORDINANCE WENT INTO EFFECT. THEY HAVE TO REQUEST THE VARIANCE. THEY HAVE TO SO. IN THE NEXT STEP OF THIS IS AGAINST THE CITY COUNCIL. SO THE, UM THE CO CHANGE THAT PLANNING COMMISSION APPROVED IN JULY WITH APPROVED BY CITY COUNCIL. ON AUGUST 15TH. SO THERE'S A 30 DAY REFERENDUM PERIOD. AND THEN ON SEPTEMBER 15TH THAT NEW CODE WILL TAKE EFFECT. SO, UM. THEY WERE JUST A LITTLE EARLY BEFORE THAT MARK SO IF THEY WOULD HAVE WAITED AND SUBMITTED THEIR APPLICATION A MONTH LATER, THEY WOULD NOT NEED TO REQUEST THE VARIANTS BECAUSE THIS SIGN DOES MEET ALL OF THE REQUIREMENTS. I GUESS MY QUESTION IS THAT TIMING OF NEEDING A VARIANCE IS BASED ON THE PLANNING COMMISSION APPROVAL, NOT HERMAN APPLICATION DATE. IT'S BASED ON THE EFFECTIVE DATE OF THE CODE OF CODE UPDATES. SO COUNCIL DOES TWO READINGS OF 1ST AND 2ND
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READING. THE SECOND RATING WAS LAST WEEK AS CHELSEA SAID, BUT THE CODE ITSELF DOESN'T BECOME EFFECTIVE UNTIL 30 DAYS AFTER THE SECOND READING. SO BECAUSE IT'S IN THIS REFERENDUM PERIOD.THIS REALLY EXPERIENCE REALLY IS A TECHNICALITY. DESIGN PART OF IT THE SAME PART OF IT, YES, AND IT STILL REQUIRED. THE ONLY THING I WOULD ADD ON THAT IS THE MENU SIGNAGE CRITERIA. HAD THREE THINGS WHICH ARE LISTED IN HERE IS CONDITIONS, BUT THERE'S 1/4 1. THAT SAYS WHENEVER POSSIBLE ADDITIONAL LANDSCAPE SCREENING. IT MUST BE ADDED SUBJECT TO STAFF APPROVAL. I WOULD WANT TO HAVE THAT AS A CONDITION. CERTAINLY. YOU KNOW THAT BE ACCEPTABLE. YES, SIR. OKAY.
OKAY? ARE WE GOING TO GO ON THE APPEARANCE OF SEPARATE? YEAH UM AND THE CLOUD GOVERNMENT PLAN THE VARIANTS. DON'T GO TO COUNSEL CORRECT. CORRECT. THEY DO NOT GO TO COUNSELING DONE HERE. I MOVE THAT WE ACCEPT THE STAFF REPORTS RELATED DOCUMENTS IN THE RECORDS ARE FINAL DEVELOPMENT PLANS, 69 2023 DO I HEAR A SECOND ON THE DOCUMENTS MOTION? SECOND. DISCUSSION ON THE DOCUMENTS MOTION. THE ROOM, PLEASE. MR. KIRBY YES, MR OF ARSON? YES. MR SCHELL, FOUR VOTES TO ADMIT THE DOCUMENTS INTO THE RECORD. HMM. I'VE GOT ONE ADDITIONAL CONDITION ON THE FINAL DEVELOPMENT PLAN ITSELF. AND THAT WAS FIRE TRUCK CIRCULATION BE ADDRESSED.
SUBJECTIVE OBJECTIVE. GRIBBLE. WE HAVE TO PUT IN THE SCREENING THE EASEMENT. WE NEED TO WRITE THAT IN LIKE I THINK IT'S IN THERE. IT'S CARRIED ON CONDITION ONE A ONE B RATHER DID YOU WANNA INCLUDE SOMETHING FOR THE SCREENING? GOT IT. IS IT OKAY? THANKS I DIDN'T HAVE THE SCREEN WITH THE VARIANTS OR WENT WITH THAT GOES ON THE VERY, VERY END VERSUS LIST. YEAH. DO I HEAR A MOTION ON THE FINAL DEVELOPMENT PLAN ITSELF? SAY IT. I WILL PROVIDE A MOTION FOR ACCEPTANCE.
APPROVAL OF APPLICATION. FDP 6920 TO 3 BASED ON OPINIONS AND A STAFF REPORT, WITH THE CONDITIONS LISTED IN THE STAFF REPORT, SUBJECT JUST HALF APPROVAL. IN ADDITION TO. UM, A CONDITION WHERE FIRE TRUCK ACCESS CIRCULATION. IS SUBJECT TO STAFF APPROVAL. DO I HEAR A SECOND? A SECOND. DISCUSSION ON THE MOTION FOR THE FINAL BALANCE PLAN. I CAN HEAR THE WORLD. MR LARSON? YES MR SCHELL? YES MR KIRBY? YES, MISS BRIGGS? YES. I HAVE FOUR VOTES IN FAVOR OF THE APPLICATION. WITH THE ADDITIONAL CONDITIONS. TAKES US TO THE VARIANCE 17 2023, WHICH IS THE VARIANCE THAT GOES WITH THIS. IS THERE ANY ADDITIONAL DISCUSSION NEEDED FOR THE PARENTS? I MOVE THAT WE ACCEPT THE STAFF REPORTS RELATED DOCUMENTS INTO THE RECORD FOR VARIANCE 70 2023 DO I HEAR A SECOND? AS I CAN. DISCUSSION ON THE DOCUMENTS MOTION. CAN YOU ROLL, PLEASE? MR KIRBY. MR LARSON, MR. SCHELL BRIGGS? YES. FOUR VOTES TO ADMIT THE DOCUMENTS INTO THE RECORD.
DO I HEAR A MOTION FOR THE VARIANCE ITSELF? I'LL MAKE A MOTION OF APPROVAL FOR APPLICATION. IN THE A R. 70-20 TO 3, BASED ON THE FINDINGS OF THE STAFF REPORT. THE CONDITIONS LISTED IN THE STAFF REPORT, SUBJECT TO STAFFORD APPROVAL AND AN ADDITIONAL CONDITION NUMBER FOUR. WHEREVER POSSIBLE ADDITIONAL LANDSCAPING SCREEN FOR THE MENU. PORTS MUST BE ADDED SUBJECT TO SEPARATE PEOPLE. I GUESS WE SHOULD ASK THE APPLICANT. ARE YOU OKAY WITH THE CONDITIONS ON THE VARIANTS? YES, SIR. THANK YOU. DO I HEAR A SECOND? I'LL SECOND IT.
DISCUSSION ON THE VARIANCE MOTION. OH, PLEASE, MR LARSON? YES MR KIRBY BRIGGS? YES. MR SCHELL? YES. I HAVE FOUR VOTES IN FAVOR OF THE APPLICATION WITH THE ADDITIONAL CONDITIONS. GOOD LUCK. THANK YOU. THANK YOU. THANK YOU TO HIS OWN IN CHANGE. UM DON'T CHANGE 88 2023. KILL YOUR FROM STAFF, PLEASE. THANK YOU. CHAIR MEMBERS OF THE COMMISSION. THE APPLICANT
[00:30:05]
REQUESTS REVIEW FOR REZONING OF FIVE POINT NINE ACRES. THE ROCKY FORK. LACK OF ACCORD REVIEWED AND APPROVED THE APPLICATI THE S UNANIMOUS AND THE AGENDA ITEM RECEIVED 100% ON THE ROCKY FORK SCORECARD. THE PROPERTY ALREADY CONTAINS AND UNOCCUPIED 46,000 SQUARE FOOT OFFICE BUILDING. THE APPLICANT. IS SOLELY, UH, STARTED. THE APPLICATION IS SOLELY FOR THE REZONING OF THE SITE. IT IS ALREADY DEVELOPED AND NO EXTERIOR SITE. MODIFICATIONS WILL RESULT FROM THE PROPOSED RESOUNDING. THE SITE IS LOCATED WITHIN ENGAGE NEW ALBANY STRATEGIC PLANS.EMPLOYMENT CENTER FUTURE LAND USE CATEGORY. AND THE SITE IS CURRENTLY ZONED O. C. D.
VETERINARY HOSPITALS ARE NOT LISTED AS PERMITTED OR CONDITIONAL IN THE O. C. D. AND SO THE PURPOSE OF REZONING THE PROPERTY TO I P U D IS TO ALLOW FOR VETERINARY HOSPITAL USES. IN ADDITION TO THOSE CURRENTLY ALLOWED IN THE OECD DID THAT DISTRICT. THE REZONING WILL NOT MODIFY OR ESTABLISHED NEW DEVELOPMENT STANDARDS. ALL OF THE NON VETERINARY USES PROPOSED AND THE TEXTS ARE ALREADY PERMITTED ON THIS SITE WITH THE CURRENT ZONING. THE REZONING ONLY INTRODUCES VETERINARY OFFICES, VETERINARY HOSPITALS, NOT INCLUDING FACILITIES FOR OUTSIDE, BOARDING OR EXERCISING OF ANIMALS. AND IT INCLUDES RESEARCH, RESEARCH AND DEVELOPMENT USES ASSOCIATED WITH VETERINARY OFFICE AND OR VETERINARY HOSPITALS. OVERALL IT APPEARS THAT THE PROPOSED OWNING TEXT MEETS THE USE RECOMMENDATIONS FOUND AND ENGAGED NEW ALBANY STRATEGIC PLAN. AND DUE TO THE PROXIMITY OF THIS STATE TO STATE ROUTE 1 61 AND ITS LOCATION ADJACENT TO O. C. D S ZONED LAND AND THE EXISTING BUSINESS PART THE SITE IS APPROPRIATE FOR OFFICE AND COMMERCIAL DEVELOPMENT. AND WITH THAT STAFF IS AVAILABLE FOR QUESTIONS. THANK YOU. IS THERE ANY ENGINEERING FOR THIS? NO COMMENTS. FROM THE APPLICANT, PLEASE. GOOD EVENING. ERIN UNDERHILL WAS UNDERHILL TRAGEDY. 1000 MORE PARKWAY HERE IN NEW ALBANY, REPRESENTING THE APPLICANT. UM THIS IS AN UNUSUAL REQUEST AND AN EXCITING PROJECT . I WISH I COULD TELL YOU WHO THIS ACTUALLY WAS, BUT IT IT'S COMPETITIVE WITH OTHER SITES AND SORT OF UNDER A NON DISCLOSURE, BUT I WILL TELL YOU THAT THIS IS GOING TO BE A STATE OF THE ART VETERINARY HOSPITAL WAS ONLY A HANDFUL LIKE THEM IN THE UNITED STATES. I THINK THE END USER IS EXTREMELY EXCITED ABOUT THIS BUILDING. IT'S A IT'S BEEN CONSTRUCTED IN RECENT TIMES, AS YOU ALL KNOW, AND IT'S GOT AN INTERIOR SHELL THAT IS UNFINISHED. AND THIS HAPPENS TO BE ONE OF THOSE SITUATIONS WHERE THEY WERE LUCKY TO FIND SOMETHING LIKE THIS WITHOUT HAVING THAT, YOU KNOW, TO BUILD THEMSELVES THEMSELVES. THAT'S RIGHT. THAT'S RIGHT. SO THE FACILITY IS INTENDED REALLY, TO HAVE PRETTY MUCH IT'S GOING TO OPERATE LIKE A HOSPITAL, BUT JUST FOR ANIMALS. IT IS GOING TO HAVE THINGS LIKE IMAGING TESTING MOVIE, SOME RESEARCH AND DEVELOPMENT HERE. SURGICAL PROCEDURES WILL BE DONE. NO. OVERNIGHT STAYS EITHER INDOORS OR OUTDOORS FOR ANIMALS, OR AS CHELSEA MENTIONED OUTDOOR RUNS OR FOR ANY ACTIVITY ALLOWED OUTSIDE OF THE BUILDING. UM THE ONLY TIME IN OVERNIGHT STAY, MAYBE IN ORDER IS THAT THERE WAS A SURGICAL PROCEDURE THAT REQUIRED AN OVERNIGHT STAY AND OBSERVATION FOR AN ANIMAL. BUT I'M TOLD EVEN THAT'S NOT ALRIGHT . FREQUENT UM SO IT'S A GREAT USE. UM, I WAS TALKING TO THE END USERS REPRESENTATIVE TODAY. WERE LIKELY IN FACILITIES THAT LIKE THIS, IN THE OTHER, THE OTHER PLACES WHERE THEY EXIST. THEY'RE TYPICALLY A LITTLE SMALLER, BUT THEY TYPICALLY HAVE BETWEEN 30 35 VETERINARIAN JOBS. AND HE SAID, BELIEVE IT OR NOT, THEY OFTEN TIMES MAKE MORE THAN THE REGULAR DOCTOR AND SO IN ANY EVENT, IT'S A GOOD ECONOMIC DEVELOPMENT PROJECT. SMALLER FACILITY HE RELATED TO ME AT 30,000 SQUARE FOOT FACILITY, AND THAT HELPED PUBLIC THIS GOVERNMENT. WHAT IS IT? 41 46,000 SQUARE FEET. WITH THE OTHER EMPLOYEES. THERE'S ABOUT 100 EMPLOYEES AND EPISODES LIKE THIS, SO IT COULD BE A LITTLE MORE HERE, SO THINK WHEN KIND OF
[00:35:01]
MORE INFORMATION COMES OUT. IT WILL BE VERY INTERESTING PROJECT PUT NEW ALBANY ON THE MAP. YET AGAIN, I THINK WITH SOMETHING PRETTY UNIQUE AND THE REASON WE'RE ASKING FOR P U D HERE IS, UM, THE UNDERLYING CODE WISDOM WITH MY REVIEW ONLY ALLOWS. THIS SORT OF USE IS PERMITTED AS C THREE DISTRICT WHICH IS MORE RETAIL ORIENTED. I THINK IT'S ALSO CONDITIONAL C TWO AND SO IT WAS NOT REALLY APPROPRIATE GIVEN THE LOCATION HERE TO ALLOW THOSE OTHER USES. SO WE'VE GOT THE P U D EMPLOYEES TO KEEP THE UNDERLYING OCBC USES THAT ARE THERE TODAY AND THEN ALLOW THAT SHE WAS AS WELL WITH THE PARAMETERS WE'VE KIND OF TALKED ABOUT HERE WITH YOU KNOW NO OUTDOOR ACTIVITIES, FOR INSTANCE. WOW THAT'S REALLY ALL. IT'S PRETTY SIMPLE APPLICATION AND I THINK WOULD BE A GREAT ADDITION IN CANADA. SO BASICALLY ARE TWO PAGES OF DEVELOPMENT.UM, REALLY NOT USED TO THINKING BEAUTY COMING INTO PAGES. UM IT'S PRETTY MUCH OCP PLUS VETERINARIAN AND NOTHING ELSE CORRECT. YEAH. FOR THIS. WILL WE BE SEEING A FINAL DEVELOPMENT PLAN? NO WE'RE ACTUALLY EXEMPTING OURSELVES FROM THAT BECAUSE THERE ARE NO EXTERIOR MODIFICATIONS PROPOSED TO THE BUILDING. IT'S JUST THE USE AND WE'RE IN THE O. C D MISUSE WERE ALLOWED. HE WOULDN'T BE REQUIRED TO COME BACK EITHER WAY. OKAY, SO THE DEVELOPMENT STANDARDS ARE . DID YOU ER IS INHERITED THROUGH O C D. CORRECT, OKAY? WHICH MATCHES EVERYTHING AROUND IT. ON TWO SIDES. QUESTIONS AND COMMENTS FROM THE COMMISSION MEMBERS WITH THE HOURS OF OPERATION OF THE FACILITY. GREAT QUESTION. THAT'S JUST ASKING. THE COORDINATED DIDN'T HAVE A GREAT ANSWER, BUT I'M TOLD IT'S BASICALLY TYPICAL SORT OF PROFESSIONAL OFFICE HOURS, BUT I'M IN THE EVENINGS MAY EXTEND TO AROUND SEVEN O'CLOCK. BUT IT'S PRETTY MUCH AN 8 TO 5 SORT OF USE FOR THE MOST PART, BUT MAYBE A LITTLE BIT LATER, BUT NO 24 HOUR ER SORT OF SITUATION OR ANYTHING LIKE THAT. AND WHAT TYPE OF ANIMALS WOULD THEY BE? TREATING THIS FACILITY. SMALL SMALLER PETS AND HOUSEHOLD ANIMALS. THIS WOULD NOT BE LIKE AN EQUINE FACILITY OR ANYTHING LIKE THAT. LIONS TIGERS. YEAH. UM WERE YOU BE OPEN TO A CONDITION THAT WOULD LIMIT IT TO A CERTAIN WEIGHT TYPE OF ANIMALS SO THAT WE DON'T HAVE THAT SITUATION. THE WAY TO DO LATER SIZE OR SOMETHING. UM OR IF YOU HAVE A STANDARD THAT DIFFERENTIATES WOULD CLOSELY IS CALLED LARGE ANIMAL VETERINARY PRACTICE VERSUS SMALL, YOU KNOW. YEAH I'D RATHER BE A LITTLE MORE GENERAL STAFF INTERPRETED THEN COME UP WITH A WAITER. HMM? I JUST DON'T THINK WE WANT TO SEE AN ELEPHANT WALKING DOWN THE STREET KIDS HAD A CAT LION OR SOMETHING, YOU KNOW. SPEAKING THE SAME THING MY CAT MIGHT NOT QUALIFY. YEAH. AND HOW ABOUT SIGNING ME? ACTUALLY, LOOKING TO ADD ANY SIGNAGE OR WHATEVER CODE WOULD ALLOW, OKAY? I'M NOT SURE WE'VE ACTUALLY GOTTEN THAT FAR YET. BUT WHATEVER WOULD ALLOW DEVIATION. AND THEN WHAT WOULD THE TIMING BE LIKE WITH THE BUILD OUT? YOU'RE TALKING SIX MONTHS. MATT ROBINSON, COME UP HERE. MATT ROBINSON O'BRIEN ROBINSON CONSTRUCTION WERE THE DEVELOPER AND GENERAL CONTRACTOR. UM IF EVERYTHING GOES WELL, I THINK THAT WE WOULD , UH WE'RE IN THE PROCESS OF POTENTIALLY SELLING THE BUILDING TO THIS END USER. UM I SEE THEIR BUILD OUT TAKING 7 TO 9 MONTHS. UM I SEE IT BEING OPEN, PROBABLY. Q THREE NEXT YEAR. YEAH AGAIN. NO EXTERIOR MODIFICATIONS NEEDED TO THE BUILDING. IT'S ALREADY SET UP FOR ORIGINALLY A MEDICAL OFFICE BUILDINGS, THE DROP OFF CANOPIES AND EVERYTHING ARE ALREADY THERE . GENERATORS EVERYTHING ARE THERE, SO YEAH, NO CHANGES.
THANK YOU. CAN SOMEONE CHIME IN REGARDING TRAFFIC AND PARKING SO LIKE, IS THAT DETERMINED IT LOOKS LIKE THERE'S. I COULD CHIME IN. IF YOU'D MIND THIS. THIS IS OBVIOUSLY AN ACCESS ROAD HERE, RIGHT? YES. SO WE ACTUALLY ADDED A CURB CUT TO CENTRAL COLLEGE RIGHT THERE WOULD TURN ONTO WEST CAMPUS OVER THE MAIN. THE MAIN ENTRY IS RIGHT RIGHT THERE. TO A PARKING FIELD OF I THINK IT'S OLD. I'M NOT SURE IT'S LARGE, LARGE CIRCULATION, THEN IS HOLY IN THAT PARKING LOT , AND THEN BACK OUT. HOWEVER, WE DO HAVE CONNECTIVITY TO THE LOT TO THE NORTH. AND THEN THERE'S A
[00:40:04]
COMMON SHARED DRIVE. I'LL THAT'S JUST ON THE BOTTOM LINE OF. SO OUR MAIN ENTRANCE WOULD BE RIGHT HERE OFF THE WEST CAMPUS SO WELL, SO THERE'S A TURN IN HERE AND THEN THEN YOU PROBABLY TO COME IN HERE, RIGHT? SO THEN THERE'S ALSO A CURVED CUT RIGHT HERE AND A COMMON DRIVE, I'LL TO ANOTHER EXIT TO WEST CAMPUS OVAL, THEN THAT WOULD LET SOMEONE GO HERE. THERE'S ALSO AN EXIT ALONG THE BACK SIDE OF THIS BUILDING. RIGHT THROUGH HERE. AND THERE IS, UH, EASEMENTS THROUGH THIS PARKING LOT HERE, SO BUT THE MAIN ENTRANCE IS GOING TO BE PRIMARILY RIGHT HERE. SO IF SOMEONE IS. HERE ON THIS SIDE OF THE STREET. THEY'RE GOING TO COME LIKE ALL THE WAY AROUND. THIS WAY. SOMEONE'S OVER HERE. THEY'RE GONNA COME HERE. THERE'S OKAY. I SEE IT. WE ADDED THAT RIGHT HERE, UM BUT IF SOMEONE NEEDS TO COME BACK OUT YEAH, THEY GO OUT THIS WAY AND TURN LEFT. THIS IS A RIGHT TURN ONLY RIGHT HERE. OKAY, SO THEY WOULD GO AROUND. THEY COULD ACTUALLY GO. YEAH, THEY COULD GO AROUND AND GO OUT RIGHT HERE. BUT AGAIN ALL OF THE THIS IS SET UP FOR 46,000 SQUARE FOOT OF MEDICAL USE WAS SURGERY CENTER AND THE WHOLE THING SO THE ALL OF THE TRAFFIC STUDIES AND EVERYTHING WERE ORIGINALLY DONE FOR THE BUILDING TO ACTUALLY HANDLE WAY MORE PATIENT USAGE, THEN IS GOING IN. SO WE FEEL PRETTY CONFIDENT THAT THE USER WILL BE SUPER HAPPY WITH THE PARKING AND THE TRAFFIC. THANK YOU. YES. OTHERS. ANYONE FROM THE POLO KEVIN QUESTION OR COMMENT. HEY, BRUCE, WHAT WAS YOUR BURBAGE ON? THE CONDITION TRYING TO THINK UP ON SMALL ANIMAL. IT WOULD BE RESTRICTED TO NO LONGER NO LARGE ANIMAL AGREED I WOULD DO IT, WHICH IS I BELIEVE A TERM OF ART IN THE VETERINARY WORLD THAN THAT WITH THAT SEEMS REASONABLE THAT SAME RIGHT? YEAH. I THINK NO LARGE ANIMAL. YES THE INTENT AND YEAH, WE'RE HAPPY TO MAKE THAT SUBSTANCE STAFF APPROVAL. I MOVED FOR ACCEPTANCE OF THE STAFF REPORTS AND RELATED DOCUMENTS INTO THE RECORD FOR ZONING CHANGE. 18 WEEKS 2023. DO I HEAR A SECOND? SECOND. DISCUSSION ON THE DOCUMENTS MOTION. OH, PLEASE, MR KIRBY BRIGGS. YES, MR LARSON? YES, MR SCHELL FOR BOATS TO ADMIT THE DOCUMENTS. DO I HEAR A MOTION FOR APPROVAL OF THE ZONING CHANGE ITSELF? I MOVE TO APPROVE. CC 80 2023 BASED ON THE FINDINGS AND THE STAFF REPORT AND SUBJECT TO ONE CONDITION THAT THERE WILL BE NO LARGE ANIMALS AS PATIENTS. GO HERE. A 2ND 2ND. DISCUSSION OF THE MOTION. IS IT CLEAR FOR STAFF? YES PLEASE. MR SCHELL, MISS BRIGGS. MR LARSON? YES, MR KIRBY. HERE FOUR VOTES TO APPROVE THE APPLICATION WITH AN ADDITIONAL CONDITION. GOOD LUCK BRING US TAXES. CAN'T WAIT TO HEAR ABOUT IT. YEAH. WELCOME THANK YOU TAKES US VARIANCE. 73 2023. YOU HEAR FROM STAFF? YEAH GOOD EVENING. I'M HERE TO PRESENT THE VARIANCE TO WHICH IS TO ALLOW PERGOLA TO BE ALUMINUM METAL AT 91 60 MACLEOD, TRY THIS PROPERTY MEASURES AT 0.35 ACRES IN SIZE. AND CONTAINS A SINGLE FAMILY HOME. THIS PROPERTY IS LOCATED WITHIN THE TIDE WATERS OF DIVISION AND ZONED RESIDENTIAL PD. THE TIDEWATER SUBDIVISION IS LOCATED EAST OF US 62 AND NORTH OF CENTRAL COLLEGE ROOM. FOR CLARIFICATION . THIS REQUEST IS TO ALLOW THE PERGOLA COLUMNS MATERIAL TO BE ALUMINUM METAL, WHERE CITY CODE PROHIBITS METAL MATERIAL FOR RECREATIONAL AMENITIES EXCEPT ONE ROOMS. PERGOLA IS FULLY CONSTRUCTED AND THE VARIANCE REQUEST IS TO ALLOW THE PERGOLA TO REMAIN AND ITS EXISTING FORM AND LOCATION. DURING A ZONING FINAL INSPECTION FOR POOL. IT WAS DISCOVERED THAT THE PERGOLA WAS BUILT WITHOUT A PERMIT. THE VARIANCE DOES NOT APPEAR TO[00:45:07]
ALTER THE CHARACTER OF THE NEIGHBORHOOD CONSIDERING THE SURROUNDING LANDSCAPE IN GENERAL AREA OF THE LOT. THE HOME IS GENERALLY LOCATED IN A CORNER OF THE SUBDIVISION WITH THE PERGOLA LOCATED IN THE REAR YARD, SO THERE IS NO VISIBILITY FROM A PUBLIC STREET. IN ADDITION, THERE IS CURRENTLY ARE PROVIDING LANDSCAPE ALONG ALL SIDES OF THE PERGOLA. THIS BUFFER PREVENTS ANY VISIBILITY OF THE PERGOLA AND PULL ALSO A RESERVE IS LOCATED BEHIND THE ARE PROVIDED , WHICH PROVIDES AN ADDITIONAL WITH BUFFERING. THE PURPOSE OF THE MATERIAL. REGULATION IS TO ENSURE METALLIC AND SHINY METALS ARE NOT UTILIZED SINCE IT WOULD CLASH WITH THE CHARACTER OF THE COMMUNITY AND THE MATERIALS USED ON THE PRIMARY STRUCTURE. THE VARIANCE DOES NOT APPEAR TO BE SUBSTANTIAL, SINCE THE PROPOSED BLACK ALUMINUM IS A VERY POPULAR MATERIAL IN NEW ALBANY, ESPECIALLY FOR FENCING. IN ADDITION, THE METAL IS A MATCH FINISHED AND IT'S NOT TYPICAL AND IS NOT A TYPICAL METALLIC SHINY COLOR. SO IT APPEARS TO BE APPROPRIATE AND DESIGN. ALSO, THE COLUMNS WILL BE COVERED BY A FABRIC CURTAIN, LEAVING THE ROOF AS THE ONLY VISIBLE MATERIAL OTHERWISE THIS PURPLE AND MEETS ALL OTHER ZONING STANDARDS AND REQUIREMENTS AT THIS TIME, STAFF OVERSEAS ANY QUESTIONS? SO. WHY IS IT THAT WE DON'T WANT HIM? THAT'LL COLLINS IN OUR DID YOU RS. OR IS IT A OR WAS IT BAKED INTO THE ZONING TEXT? SO IT'S IN OUR GENERAL DEVELOPMENT STANDARDS FOR ALL ACCESSORY STRUCTURES. AND SO YEAH, THE THINKING AT THE TIME WAS THAT UM , YOU KNOW, WE USE STANDING SEAM METAL ROOFS AND OTHER TYPES OF METAL ROOFS, BUT WE DON'T TYPICALLY SEE METAL USED FOR ACCESSORY STRUCTURES, AND I THINK WE WERE THINKING MORE ABOUT, YOU KNOW, ACCESSORY BUILDINGS MORE THAN THESE TYPES OF LIKE PERGOLAS AND THINGS. AND SO I THINK, AND SO THAT'S WHY THE VARIANCE IS REQUIRED TODAY. THE THOUGHT WAS THAT YOU COULD.THESE THINGS CONCEIVABLY COULD BE DESIGNED WITH WOODEN POSTS OR BEAMS AND STILL HAVE STANDING SEAM METAL ROOFS. WE HAVE SEEN A FEW OF THESE VARIANCES RECENTLY . CANDIDLY I THINK YOU KNOW, WHEN WE PUT THIS CODE UPDATE IN PLACE, WE DIDN'T CONTEMPLATE THESE METAL BEAMS, YOU KNOW, AND CERTAINLY ANY TIME WE DO A CODE UPDATE, WE, YOU KNOW, ASSESS THOSE AND DETERMINE IF WE NEED TO MAKE SOME TWEAKS OR CHANGES. AND SO I THINK THIS IS CERTAINLY SOMETHING THAT'S ON OUR RADAR FOR AS FAR AS A CODE UPDATE GOES STUFF. HOPE TO CLARIFY THE INTENT OF THE NO METAL POST REGULATIONS. UM YOU KNOW, AS FAR AS LIKE CHARACTER, COLOR AND. FOR ITEMS SUCH AS THESE DAKOTA UPDATE APPLY TO THE NEIGHBORS. SO IF WE DO A CODE UPDATE IN THE GENERAL DEVELOPMENT STANDARDS WOULD APPLY TO THE WHOLE CITY. UM UNLESS THEY HAVE A PEUT TEXT OR SOMETHING ELSE, OR SOME OTHER REGULATIONS DOES TIDE WATERS, TIDEWATER BEAUTY, AND IF SO, WHAT DOES THEIR P UT IF THEIR BEAUTY TEXT SPEAKS TO THIS THAN A CODE CHANGE WOULDN'T FIX IT FOR ALL THE NEIGHBORS. SO FOR THE REGULATIONS FOR THE OR I GUESS TO ANSWER QUESTIONS, IT IS A P U D. I BELIEVE THEY'RE PD IS SILENT ON MATERIAL FOR THESE PERGOLAS, SO IT SINCE IT'S SILENT AND DEFAULTS BACK TO CITY CODE REQUIREMENTS. OKAY, UM BECAUSE. THIS SOUNDS LIKE A CASE WHERE WE NEED WE NEED A MODEST WEEK IN THE CODE. OH, THAT THE IF I COULD HAZARD A GUESS THE THING THAT WAS BEING CONTEMPLATED WITH IT WAS UH, METAL CITED. ACCESSORY STRUCTURES CAUSE ALLERGIC REACTIONS FROM A LOT OF FOLKS ON AESTHETICS. OKAY THAT IT ISN'T A BAR, AND IT DOESN'T BELONG WITH THAT ALL CITING OKAY? AND THAT'S WHERE THE METAL BAND PROBABLY CAME FROM. THIS IS ME GUESSING.
UM FOR THE POSTS AND SOMETHING LIKE THIS. YOU KNOW, IT'S A QUESTION OF YOU HAVE TO GET UP CLOSE AS THOUGH IT'S NOT WOOD. WOULD THAT SAME COLOR? IT'S TRUE YOU COULD ARE WE CONTEMPLATING THE CODE UPDATE. OR MAYBE WE SHOULD ASK MARLENE. FIRST I'M HEARING ABOUT IT. OK SO WE HEARD CONTEMPLATING. AS OF YET, I THINK WE ARE STAFF CAN CERTAINLY TAKE THE LEAD ON THAT AND WE CAN BRING THEM BACK AT LEAST WORKSHOP WITH THE PLANNING COMMISSION. UM HERE ARE YOU KNOW ANOTHER FUTURE MEETING, AND SO YOU GUYS CAN TAKE A LOOK AND GIVE US SOME FEEDBACK. BUT WE CAN CERTAINLY START THAT PROCESS, AND THEN WE CAN YOU KNOW, GET FURTHER FEEDBACK FROM THE PLANNING COMMISSION. THE FUTURE ONCE WE DO THE INITIAL, PLEASE DO BECAUSE THE UM. THE VARIANCE ITSELF DOESN'T NEED A WHOLE BUNCH OF THE CRITERIA THAT WE'RE SUPPOSED TO JUDGE IT BY, BUT IT'S NOT SOMETHING THAT WAS THE LEGALISMS APPROPRIATE AND THAT THE WHOLE THING WENT OVER
[00:50:04]
IT AND MATERIAL DIFFERENCE HERE FOR THIS. FOR THE POST OF AMERICA. FORM. BUT IT WOULD GRANT ONE LANDOWNER. SOMETHING THAT THE OTHER LANDOWNERS DON'T HAVE. AND THE RIGHT? CONDITION CANADA, THE SPECIAL CIRCUMSTANCE DO NOT RESULT FROM THE ACTION OF THE APPLICANT. THAT ONE. OKAY YEAH, THEY BUILT WITHOUT A PERMIT, AND SO I DIDN'T GET CAUGHT. OH, AND SO THE FREE SELF INFLICTED COMES ALONG. BUT IT LOOKS NICE. YEAH. AND. I HAVE ACTUALLY, IS THE APPLICANT AVAILABLE. YEAH. YOU GIVE YOUR NAME AND ADDRESS WHEN YOU COME TO MIKE, I GOT A COUPLE QUICK QUESTIONS. UM SO. I CAN'T SAY THIS ACTUALLY. NEVER MIND. I'M SORRY. I JUST LOST MY QUESTION.BUT IF WE DID DO A CODE UPDATE JUST THINKING ABOUT HOW THAT AFFECTS THE CITY AS A WHOLE, SO A CODE UPDATED GENERAL DEVELOPMENT STANDARDS WOULD APPLY TO THE WHOLE CITY UNLESS THERE'S A SUPERSEDING LIMITATION TEXT OR A SUPERSEDING PD TEXT, AND I THINK IT'S ALSO IMPORTANT TO REMEMBER THAT THERE'S TYPICALLY A CHELA'S THAT ARE INVOLVED IN SO CERTAINLY ANYTHING THE CITY DOES CANNOT AFFECT REGULATIONS AS WELL. NICOLA R. C IS NOT NOT AS WELL KNOWN FOR HAVING REALLY TIGHT MHM. I ACTUALLY GOT MY QUESTION BACK. UM WOULD YOU BE AGREEABLE THAT YOUR PARENTS WOULD GO AWAY IF THE CODE UPDATE MADE IT A MOOT POINT? YES, TIDEWATER. UM.
H O A ALREADY APPROVED. THE VISUALS OF IT WAS JUST AN OVERSIGHT ONCE THE POOL WAS IN PLACE TO DO THE PERMIT FOR THE PERLA. THAT'S REALLY GOOD TO KNOW. THEY JUST WANTED AESTHETICALLY PLEASING TO MATCH THE HOME, AND IT DOES. SAY YOU'RE SAYING YOU HAVE PERMISSION FROM THE H O A. AT THIS POINT TO KEEP IT UP. OH, IF THERE IF THERE'S SOMEONE ELSE, YOU SHOULD COME UP TO THE LET'S SORT THIS OUT SO UH, MA'AM. WHO DO YOU REPRESENT? I JUST WANT TO MAKE SURE WE'VE GOT ALL THE PLAYERS KNOW AT THE MIC. YOU ARE NATASHA JONES, THE APPLICANT FOR 91 60. OKAY, OKAY. ARE YOU THE OWNER OF THE PROPERTY OR. TO THE MIC. IF YOU'RE NOT IN THE MICROPHONE, WE DON'T HEAR IT. SO GO AHEAD. WHEN THE PLAN WAS SENT TO A JOY. THE ARUGULA WAS IN THAT WE DID NOT KNOW WE HAVE TO SOME OF THE SEPARATE. PLAN FOR THE ARUGULA ITSELF, LIKE WE SUBMITTED PLANS FOR LANDSCAPING AND THE WHOLE PROJECT AND THE PARABOLA WASN'T THAT ACTUALLY, THERE WAS A CONVERSATION BACK AND FORTH ABOUT WHAT'S THE EXACT LOCATION OF THE PARABOLA EVERYWHERE. WE ADJUSTED THAT SO THEY DIDN'T KNOW THEY DIDN'T KNOW THERE WAS A PER GOLA INCLUDED IN THE PLAN. BUT THEY DID NOT ASK AND ALSO THEY OBJECTED TO ANY GAZEBOS IN OUR COMMUNITIES, OR WE ORIGINALLY PLANNED TO HAVE A GAZEBO. SO THERE WAS A LOT OF COMMUNICATION AROUND THE COLA. IS THAT WHEN YOU SAY THEY WHO IS THEY ANYWAY? AH SO ACTUALLY A LOT OF EMAILS BACK AND FORTH ABOUT THE LOCATION OF THE PERGOLA WILL NOT BEING ALLOWED. SO THEY KNEW THAT THE PERGOLA IS GOING TO BE THERE AND IT'S GOING TO BE NEXT TO THE POOL. BUT WE WERE NOT TOLD THAT YOU CANNOT HAVE A PARTICULAR KIND OF ARUGULA. IT HAS TO BE WOODEN OR METAL. THAT WAS NOT THE CONDITION. THEY DID SAY THAT YOU CANNOT HAVE A VISIBLE SO WE SCRAP THAT PLAN. AND WE CHOSE MENTAL BECAUSE IT HAS THOSE LIVERED ON THE TOP. SO THE FURNITURE DOESN'T GET QUITE OTHERWISE WE WON'T HAVE MINDED THEM. WOULDN'T NEITHER. THANK YOU. WAS THERE, A SPECIFIC CONTRACTOR BUILT THE PERGOLA OR YEAH, NO, NO, NO. WE BOUGHT THIS FROM SAM'S CLUB. THIS IS THE GENETIC SAM'S CLUB. NOBODY BUILD A PARABOLA. SO THEY JUST BROUGHT IT OUT. THEY BROUGHT IT OUT. AND THEN WE HAD AN INSTALLER. AND HAS THE EDGE OF A TAKEN A POSITION ON IT, SINCE THEY'VE JUST NO, THEY DID NOT RIGHT. THEY HAVE NOT SAID ANYTHING YET. AND FROM WHAT I UNDERSTAND, MR MAYOR, DIDN'T YOU SAY THERE? DID YOU LOOK AT THEIR H O A OR NO? NO WE DON'T. WE DON'T KNOW WHETHER IT VIOLATES ANY OF THAT. OKAY, CORRECT. WE'RE JUST NOT TAKING OKAY? THANK YOU. THANK
[00:55:02]
YOU TO EVEN FROM THE PUBLIC HAVING QUESTION TO COMMENT ON THIS YOU'RE NOT AND PULL THE MIC DOWN SO THAT THANK YOU. HELLO I AM SAMANTHA. YOU FELL IN THE PRESIDENT OF THE TIDEWATER HOMEOWNERS ASSOCIATION, AND HERE TO REPRESENT THE ASSOCIATION AND REVIEW WINE. 91 60. MCCLELLAND IS CURRENTLY IN VIOLATION OF TIDEWATER RULES AND REGULATIONS AND WHY A VARIANT SHOULD NOT BE APPROVED SINCE IT CONFLICTS WITH THE NEIGHBORHOOD BYLAWS AND RULES. AND DOES NEED TO BE REMOVED. BEFORE I REVIEW THE PROJECT. I'D LIKE TO HIGHLIGHT THAT ALL HOMEOWNERS RECEIVE A COPY OF THE RULES AND REGULATIONS EACH YEAR. WE HAVE IT AVAILABLE ON THE WEBSITE. WE SEND MONTHLY NEWSLETTERS AND LINKS TO THE RULES AND OTHER DOCUMENTS AS NEEDED. I HAVE ALL THE DOCUMENTATION FOR THIS PROJECT. ACTUALLY I HAVE JUST THE BASIC INFORMATION HERE THAT HIGHLIGHTS THE INITIAL PROJECT DOCUMENTS WERE SUBMITTED JULY 20TH 2022. THEY WERE APPROVED SUBJECT TO THE CONDITIONS OF THE POOL PATIO ON DRIVEWAY REPAIR RECEIVED NEW ORLEANS APPROVAL.AT THIS TIME. THE BASKETBALL HOOP WAS DENIED DUE TO LACK OF DOCUMENTATION. IN ADDITION TO THE PERGOLA WAS ALSO DENIED. DO YOU TWO KNOW DOCUMENTATION, FUN . TIMES POOLS, NOTED ON THE DOCUMENTS THAT THE CUSTOMER WILL REVISIT THIS IN THE FUTURE. ACTUALLY HAVE DOCUMENTATIONS THAT HIGHLIGHT THIS INFORMATION. ANYONE WANTS. YOU WANT ME TO SUBMIT THAT SOMEWHERE? WE WOULD DEFINITELY LIKE A COPY OF THAT AS PART OF THE RECORD. STAFF CAN CAN COPY YOUR DOCUMENTS. IF YOU'VE GOT ON HIS 15TH THE NEW APPLICATION FOR MODIFICATIONS RECEIVED FOR THE BASKETBALL HOOP . IT WAS CONDITIONALLY APPROVED WITH THE CITY INVOLVE ANY PERMITS. AT THAT TIME A MARKUP WAS SUBMITTED THAT DID NOT HAVE ANY STRUCTURES OTHER THAN AN UMBRELLA. THE STOCK IN HERE.
THERE IS NO PERGOLA, OR IS IT BOTH ON THIS PARTICULAR DOCUMENT ? QUICK QUICK QUESTION IF I COULD SO THE BASKETBALL HOOP IS IN THE BACKYARD. I'M ASSUMING NEAR THE POOL AREA OR IS IT IN THE FRONT YARD? IT'S ACTUALLY ON A CORNER HOUSE, SO TECHNICALLY, IT'S THE SIDE OF THE HOUSE. UM, BUT YOU CAN ALSO SAY IT'S AH, FACING A MAIN STREET. OKAY. THANK YOU. ON DECEMBER 12TH 2020 TO A NEW APPLICATION WAS RECEIVED BY THE WAY FOR OFFENSE THAT WILL BE INSTALLED TOO CLOSE TO THE STREET. IT WAS DENIED THE ORIGINAL FENCE PLANS WERE STILL IN EFFECT. FEBRUARY 15TH 2023, THE APPLICATION FOR LANDSCAPING WAS APPROVED FOR SCREENING. AT NO TIME WAS ANY OTHER STRUCTURE PROVED IF WE HAD RECEIVED DOCUMENTATION, WE WOULD HAVE HIGHLIGHTED THE RULES AND DENIED THE STRUCTURE. WE ARE CURRENTLY IN THE ENFORCEMENT STAGE TO RESOLVE THE SITUATION. THE GOAL OF THE TIDEWATER HOMEOWNERS ASSOCIATION IS TO PROTECT PROPERTY VALUES. THAT'S THE NUMBER ONE THING THAT WE SEE IN THE SURVEYS THAT WE DO PRETTY MUCH EVERY SIX MONTHS TO A YEAR.
AND THE IDEA IS TO PROVIDE CONSISTENCY. OTHER HOMEOWNERS OVER THE LAST FEW YEARS HAVE ACTUALLY PUT UP PERGOLAS. THEY'RE ALL WOOD, AND THEY HAVE FOLLOWED THE RULES. THIS IS NOT FOLLOWING THE RULES. SAMANTHA, JUST SO I'M CLEAR. PERGOLAS ARE ALLOWED, BUT THEY HAVE TO FOLLOW THE CITY GUIDELINES WITH WOOD. POST OR CORRECT AND THE DEFINITION THAT WE GO BY IS PERGOLA IS MADE OF WOOD, THE SAME CALLED THE HOUSE. UH AND IT CANNOT HAVE FULL ROOF COVERAGE.
SO WE CONSIDER SOMETHING LIKE THIS GAZEBO BECAUSE IT HAS FULL ROOF COVERAGE. HURDLERS HAVE SLACKS THAT ARE OPEN TO ALLOW SON IN. SO EVEN IF THIS STRUCTURE HAVE GOOD POSTS, IT'S STILL WOULD BE IN VIOLATION DUE TO THE FULL COVERING RIGHT? ANYTHING THAT HAS A ROOF LIKE THAT IS EITHER IN ADDITION TO THE HOUSE OR. SHADOWS AND NO ADDITION TO THE HOUSE WITH THAT ACTUALLY HAVE TO BE ATTACHED TO THE HOUSE. SO TO CLARIFY IT DOESN'T MATTER WHAT WE WOULD DO, EVEN IF WE HAD A VARIANCE. YOU'RE STILL GONNA WE'RE GOING TO HAVE AN ISSUE WITH THE H O A THAT'S RULES SO OKAY? YEAH THAT'S PART OF THE CITY PERMITTING PROCESS. WE DON'T REQUIRE APPROVAL PRACTICES. WE STAND PLANS NOTIFYING PROPERTY OWNERS THAT H O A APPROVAL IS LIKELY REQUIRED AFTER CITY APPROVAL. SO IT'S PROBABLY JUST MENTIONED EVEN IF WE DO GIVE A VARIANCE. YOU'RE STILL IN VIOLATION OF THE H O A RULES, WHICH IS NOTHING'S GONNA HELP YOU FROM OUR EMBASSY EVENING. SURE COME BACK TO THIS. IT'S JUST TOO ARE SURPRISED THAT WE WERE NOT CONTACTED SINCE THE POOL IS BUILT. AND THE POOL IS IN USE SINCE, UM IT WASN'T IT IS WORKING SINCE MAY IT COMPLETED IN MAY THIS YEAR AND WE WOULD HAVE REALLY APPRECIATED
[01:00:04]
INFATUATED WOULD HAVE SENT US AN EMAIL ABOUT IT. UM I APOLOGIZE THAT WE DID NOT FOLLOW THE PROCESS OF GETTING PERMISSION FOR THE PERGOLA. BUT ON THIS ON THE SAME HAND LIKE IT'S BEEN THREE MONTHS SINCE THE POLL IS FUNCTIONAL. BUT THIS IS THE FIRST TIME I'M HEARING FROM EDGE AWAY. SO THAT'S TO OUR SURPRISE . I MEAN, WE THOUGHT WE ARE COMING HERE FOR CITY APPROVAL.BUT WE WERE NOT CONTACTED, BUT IT'S WAY SO IN LAST THREE MONTHS , NOBODY HAS SAID ANYTHING SO THAT'S REALLY UNFORTUNATE. YOU'RE YOU'RE RIGHT IN THE COMMUNITY. THAT'S REALLY UNFORTUNATE. I MEAN, YOU ARE CORRECT. YOU'RE HERE TODAY FOR CITY APPROVAL, AND FORTUNATELY WE CAN'T DO ANYTHING. WE HAVE NO AUTHORITY TO HELP YOU WITH WHAT THE PROCESS IS BETWEEN YOU AND THE H O A. THAT'S YOU KNOW, THAT'S JUST NOTHING WE COULD DO ANYTHING ABOUT EVEN IF WE I FELT THAT WE WANTED TO ALL WE CAN DO IS MAKE A DECISION ABOUT A CITY VARIANTS. THAT WAS OUR HOPE.
TODAY AND AGAIN. I APOLOGIZE, BUT I JUST DON'T THINK IT'S A GOOD SETUP. BUT ANYWAY WHILE YOU'RE AT THE MIC SO, UM. IS THIS BOLTED DOWN TO THE CONCRETE OR JUST SITTING THERE ON ITS OWN ? IT'S NOTHING. IT'S JUST SCREWED DOWN. HOLD IT DOWN TO THE CONCRETE. IT'S JUST IN STONE. IT WAS NOT BUILT. IT'S SCREWED DOWN BUT HAS NO PARTICULAR FOUNDATION. YEAH.
THANK YOU. THANK YOU. JUST TO ADJUST THAT BRIEFLY. PART OF THE PROBLEM IT'S TAKEN AWHILE IS BECAUSE WE WERE NEVER SUBMITTED MODIFICATION DOCUMENT TO SAY THAT THEY WANTED TO PUT HER UP.
SO WE HAVE TO ACTUALLY WAIT UNTIL WE CAN GET THE DOCUMENTS AND APPROVAL AND MAKE SURE THAT IT FITS WITHIN THE GUIDELINES IF THEY HAD ACTUALLY SUBMITTED ONE OF THE DOCUMENTATION, WHICH THEY KNEW BECAUSE THEY ALREADY HAD SUBMITTED FOUR TIMES FOR OTHER THINGS WE COULD HAVE ACTUALLY HELPED GUIDE THEM THROUGH THE PROCESS OF WHAT IS ACTUALLY ALLOWED. BUT IT SOUNDS LIKE EVEN IF THEY WERE SUBMITTED, AS IS, IT WOULD HAVE BEEN DENIED. CORRECT. SO STAFF CAN I ASK IS THIS, UM, PUTTING THE H O A ISSUES ASIDE FROM THE CITY STANDPOINT, IT SOUNDED LIKE WE WERE HEADING TOWARDS HEARING THAT OUR SENIOR STAFF HAS BEEN LOOKING AT THE TYPE OF AN ISSUE AND IS CONSIDERING ASKING PLANNING COMMISSION AND COUNCIL TO CHANGE OUR CODE ON ON THIS MATTER. SO I GUESS, YOU KNOW. WE DON'T KNOW ALL THE RULES. I THINK EVERY H O IS PROBABLY A LITTLE BIT DIFFERENT AND THE TYPE OF CHARACTER THEY WANT, RIGHT JUST FROM THE CITY CODE PARKED AND THEY WOULD HAVE THEIR OWN JURISDICTION OVER THEIR OWN. THAT'S CORRECT, BUT, YEAH, IT'S CERTAINLY SOMETHING THAT YEAH, WE COULD WORKSHOP AND SEE AGAIN THAT WOULD AFFECT THE ENTIRE CITY. BUT WHEN IN SUPERSEDE H L A RULES. BUT IT IS TYPICAL AND CUSTOM AREA OF THE CITY STAFF.
WHEN WE START SEEING A LOT OF VARIANCES REPEATED, WHICH I THINK WE ARE SEEING THIS YEAR THAT WE AT LEAST START TO DO. SOME RESEARCH HAVE DISCUSSION WITH THEIR PLANNING COMMISSION AND THEN DETERMINE AS IF THAT'S SOMETHING WE WANT TO MOVE FORWARD ON. OKAY? AS A SIDE NOTE. IF YOU DO TEAR INTO THE CODE UM EARLIER WE SAW IN THIS SEPARATE MEETING TREE SPACING.
AND THAT'S ALSO ON MY HIT LIST OF THINGS I'D LIKE TO SEE GO IN FRONT OF COUNCIL THAT AT LEAST FOR RESIDENTIAL NEIGHBORHOODS THAT WE TITANS TREE SPACING. TO WHAT WE SEE ALREADY. WE'VE GOT A BETTER PRACTICE THAN OUR CODE CALLS FOR IN MANY PARTS OF THE COUNTRY CLUB AND YOU MIGHT AS WELL JUST USE THAT AS OUR STANDARD FOR RESIDENTIAL AND IS IT RIGHT THAT UM, IF THIS WAS TO GO IN AND GET PERMIT LATE, IT WAS APPROVED BY THE CITY. DO THEY HAVE TO COME IN FOR PERMIT AND THEY WOULD HAVE TO SUBMIT PLANS FOR THE TYPE OF FOUNDATION AND STRUCTURE THAT GOES WITH THAT. WHAT MADE WHAT'S THEIR MAYOR MAY NOT BE COMPLIANT. THAT'S CORRECT AND WHEN STEPS UP , OBSERVED THE PROGRAM FOR THE FIRST TIME, THEY NOTIFIED THE HOMEOWNERS. THEY DID SUBMIT A PERMIT TO THE CITY SINCE IT'S NOT MEETING OUR CODE REQUIREMENTS FOR ZONING FOR MATERIAL WAS DENIED. BUT IT WOULD GO THROUGH THE TYPICAL, UM, CONSTRUCTION PERMITTING PROCESS AND ARE BUILDING OFFICIALS WOULD TAKE A LOOK AT IT TO MAKE SURE IT'S PROPERLY BOLTED TO THE GROUNDS AND CONSTRUCTED PROPERLY PER OHIO CODES. AND IF WE VOTE ON IT TONIGHT, AND IT'S AND WE DENY IT. DOES THAT? STOP THEM FROM BUILDING COME BACK FOR EVERY INCIDENT FUTURE. SO I THINK IN THE PAST, UM THERE. THERE'S TWO PROVISIONS SO THE CODE DOES ALLOW FOR A RECONSIDERATION OF VARIANCES. I BELIEVE WITHIN 60 DAYS AND THERE ARE CRITERIA WITH WHICH TO DETERMINE IF VARIANTS SHOULD BE RECONSIDERED. UH UM. AND THEN OTHERWISE, I THINK
[01:05:07]
HISTORICALLY, IF YOU KNOW IF VARIANCES DO HAVE OTHER SUBSTANTIVE CHANGES, THEN I BELIEVE YOU KNOW THE BOARDS AND ALL THAT BANK CORRECT ME. IF I'M WRONG, COULD RECONSIDER THOSE VARIANCES. OR I SHOULD SAY NEW VARIANTS THAT SENDS MICROPHONES THAT ARE, BUT STEVE'S GOT IT RIGHT. THERE IS A PROCESS FOR RECONSIDERATION WHERE THERE'S CERTAIN TIMELINES AND CRITERIA THAT HAVE TO BE MET. AND THEN IF IT IF THEY WORKED WITH A JOA AND COME UP WITH SOME NEW DESIGN NEW PLAN THAT THEY COULD JUST PRESENT A NEW VARIANTS OR NEW NEW NEW NEW OPTION AT THAT POINT FOR OUR CONSIDERATION. TYPICALLY ONE OF THE CRITERIA IS THERE SOMETHING NEW? WE DID NOT KNOW WHAT WE FIRST HEARD IT CORRECT RECENT MAKE THE SAME PLANE AS AN AUTOMATIC. NOT EVEN GOING TO GO ANYWHERE. EXACTLY RIGHT. I MEAN THAT NOT KNOWING WHAT WOULD BE PRESENTED. BUT I WOULD SAY IF IT'S THE EXACT SAME WITH NO NO NEW FACTS, I THINK WOULD BE HARD FOR US TO MAKE OUR AGENDA EXACTLY RIGHT. NO, NO, IT'S ON. ANY OTHER QUESTIONS AND COMMENTS FROM COMMISSION MEMBERS. OKAY? I MOVED FOR ACCEPTANCE OF THE STAFF REPORTS RELATED DOCUMENTS INTO THE RECORD FOR VARIOUS 73 2023, INCLUDING THE DOCUMENTS THAT WE WILL PRESENT WITH TONIGHT. DO I HEAR A SECOND ON THE DOCUMENTS MOTION? SECOND. DISCUSSION OF THE DOCUMENTS MOTION. OKAY PLEASE, MR. KIRBY MR. SCHELL BRIGGS? YES, MR LARSON? YES? HERE ARE FOUR VOTES TO ADMIT THE DOCUMENTS, INCLUDING THE DOCUMENTS OF MS RUFFO INTO THE RECORD. THANK YOU. DO YOUR MOTION FOR APPROVAL OF VARIANCE 73 2023. I MOVE FOR APPROVAL VARIANTS 73 2023 BASED ON THE FUNDING THE STAFF REPORT . UM DO WE HAVE A CONDITION IN THERE? NO, WE DID NOT. I BELIEVE I HEARD ANY CONDITIONS. I'LL SECOND THAT, OKAY? DISCUSSION OF THE MOTION ON THE VARIANCE ITSELF. THE ROLE, PLEASE, MR KIRBY. MR SHELL. MS BRIGGS. NO. MR LARSON? NO FOR THE RECORD. CAN WE HAVE SOME DISCUSSION ON THE? YEAH UM, SO A BETTER FIXES A CODE UPDATE AND IT TOLD YOU IT COMES A MOOT POINT. IF COUNCIL DECIDES TO UPDATE THE CODE. UM AH. IN THE CRITERIA WE'VE GOT ITEMS TEND LIKE DOES NOT RESULT IN THE ACTION OF THE APPLICANT. UM AND AFTER HEARING THE UM. NO WAY REPRESENTATIVE SPEAK THE CHARACTER OF THE NEIGHBORHOODS. ONE OF THESE GUYS, ADAM, THREE CHARACTER, THE NEIGHBORHOOD, UM MAJOR WAY, WHICH IS THE BEST REPRESENTATION. THE NEIGHBORHOOD THAT WE HAVE HERE TONIGHT. SMOKE ON THAT. IT'S NOT A SAFETY. IT'S NOT ANOTHER ISSUE. ON ANY OF THOSE OTHERS CAN BE SOLVED BY SOME MAN OR OTHER GRANTING A VARIANT T OUT USERS USE A WOODEN PERGOLA. YOU STILL GOT TO GET THROUGH A CHAIR, BUT THAT'S NOT MY PROBLEM. I'LL LET OTHERS SPEAK TO THEIR NO VOTES. I WOULD JUST SAY DON'T ONE THERE WAS NO PERMIT FILED AND THEN ONCE. ONCE WE FOUND OUT IT WAS THE WRONG MATERIAL, AND I JUST DON'T LIKE SETTING THAT KIND OF PRECEDENT. I WOULD SAY IT'S AN CONDITION NUMBER 10. THE SPECIAL CONDITIONS AND CIRCUMSTANCES DO NOT DID NOT RESULT FROM THERE AFTER ACTION OF THE APPLICANT AND THIS IS AN ACTION OF THE APPLICANT AND THEN SECONDLY, NUMBER 11. BRANDY AND OTHER VARIANCES REQUESTED YOU NOT CONFER ON THE APPLICANT, ANY SPECIAL PRIVILEGE THAT IS DENIED BY THIS ANYWHERE IS TO OTHER LANDS ARE STRUCTURES IN THE SAME ZONING DISTRICT. IN WHICH THE HOH HAS SAID THIS SHOULD BE A SPECIAL PRIVILEGE AND SOUTH BASED ON THOSE TWO THINGS. I DIDN'T KNOW WHETHER I WANTED TO MENTION LEVEL AS WELL. I CONCUR WITH ALL OF THAT NOTHING ADDITIONAL TO END. TAKES US TO OTHER BUSINESS. DO WE HAVE ANY OTHER BUSINESS? NO INCOME STAFF. OKAY. FULL MEMBERS FOR COMMENTS BRUCE NO. NOTHING FOR ME, NEIL.THANK YOU. WE'RE ADJOURNED.
* This transcript was compiled from uncorrected Closed Captioning.