Link

Social

Embed

Disable autoplay on embedded content?

Download

Download
Download Transcript

[I. Call to order]

[00:00:05]

CULTURE ORDER PLANNING COMMISSION MEETING FOR MONDAY, THE 20TH OF NOVEMBER TOGETHER.

ROLL PLEASE REMEMBERS COULD TURN THEIR MICROPHONES ON PLEASE. MR KIRBY PRESENT. MR WALLACE PRESIDENT, MR SCHELL PRESENT. MR LARSEN, MISS BRIGGS. COUNCIL MEMBER BRISK PRESENT. THERE ARE THREE VOTING MEMBERS PRESENT. WE HAVE A QUORUM, OKAY? YEAH THIS EXACT ITEM THREE ACTION ON THE

[III. Action on minutes]

MINUTES FROM OCTOBER. 16TH OTHER IN CORRECTIONS. DOWN HERE. I HAVE NO CORRECTIONS. DO I HEAR A MOTION ON THE UNITS? GO AHEAD PROVE THE MINUTES FROM THE OCTOBER 16TH 2023 MEETING HERE.

A 2ND 2ND. HMM. DISCUSSION ON THE MOTION CAN DROP THIS, MR SCHELL? YES MR WALLACE? YES MR KIRBY? YES THERE ARE THREE VOTES IN FAVOR OF THE MINUTES. I SUBMITTED BRINGS US TO ITEM FOUR

[IV. Additions or corrections to agenda]

ADDITION TO THEIR CORRECTIONS TO THE AGENDA. DO WE HAVE ANY. THERE ARE NONE. OKAY WHAT? EVERYONE WISHING TO ADDRESS THE COMMISSION TONIGHT PLEASE RISE. DO YOU SWEAR TO TELL THE TRUTH AND NOTHING BUT THE TRUTH? THANK YOU BE SEATED. IN WHAT ROLE AT IT. LET'S MAKE OUR PHONES BE QUIET. ALRIGHT, I'M FIVE HEARING VISITORS FOR ITEMS NOT ON TONIGHT'S AGENDA. WE HAVE A

[V. Hearing of visitors for items not on tonight's agenda]

SPEAKER CARD FOR MR MERRITT DAVIS. HELLO, MINERS. TAMARA DAVIES AT 8200 CENTRAL COLLEGE ROAD. AND I'D LIKE TO START. BY READING FOR THE MINUTES OF THIS COMMITTEE ON JUNE 19TH. HE STATED, AND THAT'S MY HUSBAND, RON DAVIES THAT CURRENTLY THERE IS NO WATER TO THE SITE AND THE SITE. IT'S REFERRING TO HIS THE SITE AND CENTRAL COLLEGE AND JOBS WERE F CON PLANS TO BUILD 151 HOMES. THERE'S NO WATER TO THE SITE, AND IT IS UNCLEAR WHO WOULD BE PAYING FOR THE PROVISION OF WATER. NEW ALBANY STANDARD IS THAT THE CITY CANNOT PAY. FOR THE WATER TO BE BROUGHT TO A SITE. HE WONDERED WHETHER INTEL OR FEDERAL MONEY WOULD BRING WATER TO THE SITE. I SKIPPED DOWN FURTHER AND IT SAYS CHAIR KIRBY ASKED WHETHER THERE WAS AN ANSWER TO THE QUESTION OF WHO WE'RE PAYING FOR THE WATER. ENGINEER MANAGER, DENNY ANSWERED THAT THE WATER LINE WILL BE INSTALLED DOWN CENTRAL COLLEGE OVER THE PURPOSE OF CREATING REDUNDANCY AND TO CONNECT DEAD ENDS AND TO MAINTAIN PRESSURE AND CAPACITY. AT THE CURRENT TIME, THE CITY IS EVALUATING.

WHO WILL BE PAYING FOR IT. SO THAT WAS JUNE 19TH IN THE MINUTES. IN JANUARY. NO.

ALBANESE SUBMITTED A GRANT REQUEST. AND THIS IS JANUARY 2020. HMM GOSH 2022 EFFECTIVE DATE, SO THIS GRANT REQUEST WAS SUBMITTED. THEN IT WAS APPROVED. SIGNED BY THE CITY MANAGER IN MARCH. 2023 AND THE GRANT. WAS FOR SEWER AND WATER. MY QUESTION IS WHY IN JUNE, WHEN MY HUSBAND ASKED THAT QUESTION WAS HE NOT TOLD WHERE THE MONEY WAS COMING FROM. SO I THINK AT THE TIME WE JUST DIDN'T HAVE THAT INFORMATION AT HAND. SO THERE ARE DIFFERENT DEPARTMENTS AND I THINK THAT THE FUNDING AND THAT'S GRANTED I'VE SEEN SOMEONE ELSE PROVIDED TO YOU AS WELL WAS SIGNED BY THE CITY MANAGER THROUGH THEIR OFFICE AS PART OF THE COMMUNITY DEVELOPMENT DEPARTMENT. WE DEAL WITH THE DESIGN AND THE CONSTRUCTION OF THOSE ITEMS. YOU'RE PART OF THE PLANNING COMMITTEE, RIGHT? I MEAN, IN SOME OF THIS IN HERE, SOME OF THE NAMES JENNIFER CHRYSLER. THINGS LIKE THAT. YOU GUYS DON'T COMMUNICATE. YOU KNOW WHEN YOU'RE PLANNING THESE THINGS WHERE THE MONEY IS COMING FROM. I'M JUST TRYING TO UNDERSTAND. IT JUST SEEMS LIKE RELAX SOME TRANSPARENCY AND THAT BY JUNE WHO IS PAYING FOR THIS PROJECT, CONSIDERING A SEWER PROJECT WAS WELL UNDERWAY BECAUSE THIS WAS FOR WATER AND SEWER. AND NO ONE KNEW WHO WAS PAYING OR DIDN'T WANT TO SAY HE WAS FAN. I DON'T KNOW WHICH, BUT IT JUST SEEMS KIND OF ODD, AND I WANT TO BRING UP THAT POINT BECAUSE THERE'S BEEN A FEW TIMES WHERE IT SEEMS LIKE THE ANSWERS TO QUESTIONS WE ASK ARE NOT FORTHCOMING. WHEN THE WHEN THE INFORMATION IS WITHIN THIS BUILDING SOMEWHERE. YEAH I CAN'T SPEAK FOR ALL OF OUR STAFF. BUT YOU KNOW, WE HAVE A LOT OF

[00:05:07]

PROJECTS GOING ON. IT'S HARD TO KEEP TRACK OF ALL THE FUNDING SOURCES. BUT YOU KNOW, CERTAINLY, YOU KNOW, THAT WAS A PUBLIC RECORDS AND WHERE WE WERE HAPPY JUST LIKE THAT RECORDS REQUEST TO FOLLOW UP WITH ANY ADDITIONAL QUESTIONS YOU HAVE AFTER THE MEETING. YEAH, WE DIDN'T ADD. WE ONLY FOUND OUT ABOUT, UM I MEAN, IT JUST SEEMS FUNNY BECAUSE WITHIN A MONTH OF ASKING FOR THAT, WE RECEIVED A LETTER FROM AN ENGINEER FORM OF TELLING US THE WATERLINE WAS COMING THROUGH AND THE ROAD WAS GOING TO BE CLOSED AND EVERYTHING. UM I DON'T JUST DO SOMETHING WITH YEAH, EVERYONE WAS BEING TRANSPARENT ABOUT WHERE THE MONEY WAS COMING FROM, BECAUSE THIS IS FEDERAL DOLLARS THAT WENT TO THE STATE THAT KNEW ALL THE NEWS ASKED FOR IT WAS A LONG PROCESS TO GET IT. I'M SURE UM I THINK PEOPLE WOULD HAVE KNOWN WHERE THE MONEY WAS COMING FROM. THANK YOU. THANK YOU. AND YOU MIGHT ALSO WANT TO ADDRESS THAT TO COUNSEL WHO MEETS ON TUESDAYS. TAKES US TO OUR FIRST CASE. ARE THERE ANY OTHER VISITORS TONIGHT WHO WISH TO SPEAK ON SOMETHING THAT IS NOT ON TONIGHT'S AGENDA. OUR FIRST CASE IS THE FINAL DEVELOPMENT

[VI. Cases]

PLAN FOR SIMI CREDIT UNION AND DRIVE THROUGH YOU CAN HEAR FROM STAFF, PLEASE. THANK YOU. EXCUSE ME. THANK YOU. CHAIR MEMBERS OF THE COMMISSION. UM IF IT IS OKAY WITH THE COMMISSION, I'M GOING TO PRESENT FDP, 77-20, 23 AND B A R 79-20 23 AS ONE PRESENTATION. THE REQUEST IS FOR A FINAL DEVELOPMENT PLAN FOR A PROPOSED CMI CREDIT UNION AND CRIMSON CUP COFFEE SHOP WITH DRIVE THROUGHS, LOCATED AT THE SOUTHWEST CORNER OF BEACH ROAD AND SMITH'S MILL ROAD. THE APPLICATION WAS HEARD AND TABLED BY THE PLANNING COMMISSION AT THE SEPTEMBER MEETING TO GIVE THE APPLICANT ADDITIONAL TIME TO REEVALUATE THE PROPOSED SITE PLAN. SINCE THAT MEETING, THE APPLICANT HAS REVISED THE PLAN TO BETTER CONFORM WITH CITY CODES AND STANDARDS. THERE ISN'T APPROVED MASTER LANDSCAPE PLAN FOR THE AREA. THE APPLICANTS UPDATED LANDSCAPE PLAN MEETS ALL CODE REQUIREMENTS AND ADHERES TO THE OVERALL MASTER PLAN FOR THE AREA. THE SITE IS ACCESSED FROM WONDERFUL CURB CUT ALONG BEACH NEAR THE SOUTHWEST CORNER OF THE PROPERTY AND THE UPDATED SITE PLAN LAYOUT NOW CONSISTS OF TWO WAY VEHICULAR TRAFFIC TRAVELING AROUND THREE OF THE FOUR SIDES OF THE BUILDING SO CARS WOULD ENTER. FROM BEACH CROSSING, AND THEY WOULD CIRCLE AROUND THE BUILDING. THEY COULD CHOOSE TO PARK AND ANY OF THESE PARKING SPACES TO GO INTO THE BANK OR INTO THE COFFEE SHOP. OR THEY COULD CONTINUE DRIVING AND ENTER INTO THE COFFEE SHOP DRIVE THROUGH OR THE 80 M. DRIVE THRU LANES. UM AND SO THIS IS ESSENTIALLY ONE WAY. IN THE SOUTHERN PORTION TO WEIGH ON THE EAST, NORTH AND WEST AND SO YOU CAN ENTER AND EXIT ON BEACH CROSSING, SO THAT'S KIND OF THE NEW TRAFFIC PATTERN FOR THE UPDATED SITE PLAN. OTHER CHANGES THAT HAVE HAPPENED SINCE THE LAST MEETING WITH THE BUILDING HAS BEEN ROTATED. SO THE DRIVE THRU IS LOCATED ON THE SOUTH SIDE OF THE BUILDING. THE DUMPSTER AND LOADING AREA HAS BEEN RELOCATED TO THE INTERIOR OF THE SITE, AND A SECOND DOORWAY HAS BEEN ADDED TO THIS TWO STORY ARCHITECTURAL FUTURE NOW ON THE NORTH SIDE OF THE BUILDING. AND THAT IS THE THERE'S NOW AN ENTRANCE ALONG SMITH'S MILL ROAD AND BEACH ROAD. SINCE THE BUILDING'S ORIENTATION HAS BEEN REVISED. THIS REDUCES THE NUMBER OF PREVIOUSLY REQUESTED VARIANCES FROM THREE TO NOW ONE HMM. THE CITY TRAFFIC ENGINEER HAD COMMENTED THAT THE ONE WAY LEANING COULD POTENTIALLY CONFLICT WITH SOUTHBOUND CIRCULATION FOR CARS BACKING OUT OF THE FIRST PARKING SPACES. TO REMEDY THIS COMMENT. CITY STAFF HAD RECOMMENDED IN THE WRITTEN STAFF REPORT A CONDITION THAT APPROVAL THAT A PRIVATE TRAFFIC CIRCLE WILL BE ADDED TO THE

[00:10:03]

SITE, AS SUGGESTED IN THE ENGINEERING COMMENTS AND ON THE EXHIBIT ON THE LEFT. SINCE THE STAFF REPORT WENT OUT, THE APPLICANT HAS OFFERED ANOTHER ALTERNATIVE BY SHOWING HOW THEY COULD NARROW THE LEFT TURN TO PROHIBIT INCOMING TRAFFIC AND THIS BLOCKS THE LANE AND REDUCES THE CHANCES OF INCOMING TRAFFIC WELL NOT PROHIBITING LARGER VEHICLES FROM, UM, TRAVELING THE STATE. THE CITY TRAFFIC ENGINEER HAS REVIEWED THE APPLICANTS, ALTERNATIVE SOLUTION AND VERY IS FINE WHAT THEY'RE PROPOSING. THEY ALSO BELIEVE THIS WOULD ALSO ADDRESS ANY POTENTIAL CONCERNS FROM THE FIRE DEPARTMENT REGARDING THE TURNAROUND ISLAND OPTION.

THEREFORE STAFF WOULD LIKE TO AMEND CONDITION NUMBER SIX IN THE WRITTEN STAFF REPORT TO BE MORE OPEN ENDED SO THAT THE APPLICANT SHALL BE REQUIRED TO REVISE THE SITE PLAN AND SOME WAY THAT WOULD ALLEVIATE POTENTIAL CONFLICT WITH THIS SOUTHBOUND CIRCULATION SUBJECT TO STAFF APPROVAL. SO IN THE WRITTEN STAFF REPORT, WE WERE RECOMMENDING A CONDITION OF APPROVAL. THAT THE APPLICANT REVISED THE PLAN TO MEET WHAT WE WERE SUGGESTING ON THE LEFT HAND SIDE. BUT UM, STAFF IS SUGGESTING TO AMEND THAT CONDITION MEMBER SIX TO ALLOW SOME FLEXIBILITY. FOR THE APPLICANT TO PRESENT AN ALTERNATIVE. UM. SOLUTION THAT WOULD ADDRESS THE SAME PROBLEM. UM BASICALLY KIND OF WORK THROUGH ONE OF THESE TWO OPTIONS . UM AT THE TIME OF PERMITTING SUBJECT TO STAFF APPROVAL. NOTHING. THE ONE REMAINING VARIANTS REQUEST IS TO ELIMINATE THE REQUIREMENT THAT THERE BE AN ACTIVE AND OPERABLE DOOR ON BEACH CROSSING, NOT HAVING AN ACTIVE AND OPERABLE DOOR ON A PRIVATE DRIVE, SUCH AS SPEAK SPEECH CROSSING IS COMMON. THE DUKE AND DUCHESS IMMEDIATELY TO THE SOUTH OF THE SITE YOU CAN SEE HERE ON THE SITE PLAN. MHM. RECEIVED THE SAME VARIANCE AND IT WAS APPROVED BY THE PLANNING COMMISSION IN 2020. FOR THE ARCHITECTURE. THE APPLICANT HAS SUBMITTED NEW ELEVATIONS AS REQUIRED BY THE ZONING TEXT. THE BUILDING IS DESIGNED WITH THE SAME CALIBER OF FINISH ON ALL SIDES OF THE BUILDING, USING THIS THEME BUILDING MATERIALS. AND WHILE THERE IS NOT AN ACTIVE AND OPERABLE FRONT DOOR ON BEACH CROSSING, WHICH IS THE PRIVATE ROAD ELEVATION, THE APPLICANT IS PROVIDING STRONG ARCHITECTURAL FEATURES AND MATERIALS TO THE BUILDING ADEQUATELY ADDRESSES THE PRIMARY STREETS. IN SUMMARY THE PROPOSED USE IS APPROPRIATE FOR THIS SITE, GIVEN THE PROXIMITY TO STATE ROUTE 161 AND THE NEW ALBANY INTERNATIONAL BUSINESS PARK. THIS SITE AND THE OVERALL BEACH CROSSING DEVELOPMENT IS AUTO ORIENTED, BUT STILL INCORPORATES STRONG PEDESTRIAN CONNECTIVITY. WITH THE REVISIONS THE APPLICANT HAS MADE TO THE SITE PLAN, AND THE BUILDING IS APPROPRIATELY ORIENTED TO THE PUBLIC STREETS AND SHOULD BE PLANNING COMMISSIONER PROBE THE APPLICATIONS STAFF RECOMMENDS OFFICE SEVEN CONDITIONS LISTED IN THE STAFF REPORT, INCLUDING THE AMENDMENT TO THE LANGUAGE BOARD NUMBER SIX. AND WE ARE AVAILABLE FOR ANY QUESTIONS. THANK YOU. ENGINEERING. REFERRING TO EXHIBIT A DELETE 2023 SPECIFICATIONS. NO BLOCK SHOWN ON SHEET GS AND ADD NOTE 1.1 0.1 IN ITS PLACE. REFERRING TO SHEET C 1.01 SHOW THE LOCATION OF THE STOP BAR AND STOP SIGN AT THE CURB, CUT AND PROVIDE A CROSSWALK AND SIGNAGE. THAT MEANS 88 REQUIREMENTS. REFERRING TO BE REVISED THE SHEEP SEE 1.01 AND IMPORTANCE WITH THIS EXHIBIT. CONSIDER MOUNTABLE CURB WHERE CONCRETE CURVE IS PROPOSED. REFERRING TO SHE L ONE PROVIDE A SAFE DISTANCE TRIANGLE EACH CROSSING AND EVALUATE SIGHT DISTANCE RELATIVE TO THE EXISTING AND PROPOSED LANDSCAPING REMOVED LANDSCAPING THAT MAY IMPEDE MOTORIST VIEW. PROVIDE PARKING LOT. LIGHTING, PHOTO METRIC ANALYSIS FOR STAFF REVIEW AND APPROVAL. PROVIDE FIRE TRUCK TURNING RADIUS ANALYSIS IN ACCORDANCE WITH CODE SECTIONS. 1159.7 B THREE SECTIONS E AND A PROVIDE DOCUMENTATION INDICATING THAT THE E P A AND A CEO ISSUES HAVE BEEN ADDRESSED AND WE WILL EVALUATE STORMWATER MANAGEMENT, WATER DISTRIBUTION, SANITARY COLLECTION AND ROADWAY. CONSTRUCTION RELATED DETAILS ONCE CONSTRUCTION PLANTS HAVE BECOME AVAILABLE. THANK YOU. CAN WE HEAR FROM THE APPLICANT? I

[00:15:12]

MEAN, IT'S BRAIN WELLER ENVIRONMENTAL DESIGN GROUP OUT OF AKRON. AND I AM THE CIVIL CONSULTANT ON THIS PROJECT AND THE APPLICANT WE'RE OKAY WITH ALL THE REQUIREMENTS AND THE ADDITIONAL COMMENTS WOULD BE AMENDED LANGUAGE TO NUMBER SIX. WE'RE OPEN TO WORKING TO ANOTHER SOLUTION WITH ENGINEERING. UH ARE CONCERNED WITH THE CIRCLE WOULD BE HARD FOR VEHICLES FIRE TRUCK. TRANSPHOBIC AGAIN PLOWED TRUCKS WOULD BE A REAL CONCERN THAT WE ARE OPEN TO INVESTIGATE IN THE CIRCULATION AND DOING THIS TO FIND SOMETHING SUITABLE WITH THE CITY. OKAY? STOPPED A LOT OF QUESTIONS WHEN YOU WHICH SAID WE'RE GOOD WITH THE CONDITIONS. OH, QUESTIONS FROM THE COMMISSION. I DON'T NECESSARILY HAVE ANY QUESTIONS THAT I DO APPRECIATE YOU GOING BACK TO THE DRAWING BOARD ON THIS ONE, BECAUSE THIS WAS HARD TO SWALLOW ON THE FRONT RUN AND COMING BACK AND ADDRESSING THESE ISSUES. YEAH, THERE WAS A LOT OF BACK AND FORTH AND REVISIONS TRYING TO WORK HERE. UM IT WAS SOMETHING THAT MADE EVERYBODY HAPPY AND STILL KEPT MORE SIMPLE CIRCULATION AROUND THE SITE. I THINK WE ENDED UP WITH SOMETHING THAT WAS ACCEPTABLE TO EVERYBODY INVOLVED. OKAY? ANY QUESTIONS OR COMMENTS FROM THE PUBLIC. STATE YOUR CELL YOU WOULD COME UP TO THE MIC EXPECTING A DIFFERENT HEARING. THERE WILL BE PLENTY, BUT ALL RIGHT, UM. IS THERE ANYTHING IN PARTICULAR WE WOULD ADD TO TALK ABOUT THE VARIANCE OTHER THAN ITS NEW VARIANTS FOR THE FOR THE LEAST. BUSY ROAD TO NOT HAVE A DOOR. YES NOTHING ELSE TO ADD OTHER THAN WHAT WAS ALREADY SAID REPORT. OKAY? WE ACCEPT THE DOCTORS AND STAFF REPORT RELATED DOCUMENTS AS AMENDED. FOR FINAL BALANCED PLAN 77 2023 INTO THE RECORD. TO YOUR SECOND ON THE DOCUMENTS. SECOND DISCUSSION ON THE DOCUMENTS MOTION. FUNERAL, PLEASE. MR KIRBY? YES MR SCHELL? YES MR WALZ? YES THERE ARE THREE VOTES TO ADMIT THE DOCUMENT AS AMENDED. THANK YOU GO HERE. A MOTION FOR THE FINAL DEVELOPMENT PLAN 77 RIGHT CHANGE. THE SIX ALLOWS A ALTERNATIVE TO THE TRAFFIC CIRCLE. UM REVISED LANGUAGE THEY HAD. PEACE UP THERE THAT, FOR EXAMPLE, THEY BLOCK OFF SOUTHBOUND TRAFFIC CONDITIONER REGION. IF YOU COULD READ THIS REVISED SIX AGAIN, PLEASE. UM. YOU CAN AMEND THIS. I HAD JUST SUGGESTED THAT, UM THE APPLICANT SHALL BE REQUIRED TO REVISE THE SITE PLAN AND SOME WAY THAT WILL ALLEVIATE POTENTIAL CONFLICT WITH SOUTHBOUND CIRCULATION SUBJECT TO STAFF APPROVAL. AND THAT'S SOUTH BONG IN THE EASTERN DR CORRECT. SO TO DO WHAT IT'S DECONFLICTING THE EASTERN DRIVE SOUTH. DONT TRAFFIC HAS TO STOP BECAUSE IT CAN'T PROGRESS. IN TURN THE CORNER BECAUSE ALL ONE WAY COMING IN AND THEN UP. I DID NOTICE THE TWO ARROWS THAT WE'RE GOING RIGHT INTO EACH OTHER. SOMETHING AS SIMPLE AS PULLING THE CURB INTO THAT DRIVING LANE MIGHT BE ENOUGH THAT PEOPLE FIGURE OUT THAT YOU CAN'T GO THERE. BUT STILL WOULD BE IN THE NORTH. DONT JUST TRYING TO FIGURE OUT HOW TO WORD THOUGH.

TRADITIONALLY THAT'S ALL I HAVEN'T SURVIVED THE APPLICANT. OFFERED. A WAY TO BLOCK THE WRONG WAY TRAFFIC OR SOMETHING LIKE THAT. BUT OUR GOAL IS TO DECONSTRUCT THAT DRIVEWAY.

DESCRIBE THE LOCATION WHERE THIS IS GOING TO HAPPEN IN THE EASTERN DR ISLES, AND IT'S TO STOP SOUTHBOUND TRAFFIC. SUBJECT TO STAFF APPROVAL. THERE WERE NO OTHER EVENT. THERE WERE NO OTHER CONDITIONS ON THE REPORT. RIGHT THEN THAT GETS RID OF THE TYPE OF ONE CURBED. SHOWS UP A COUPLE OF SPOTS THAT IN THE ORIGINAL CONDITION. THE CURB SHOULD BE AND THERE WAS A SIMILAR ONE IN TEST TAKING THAT ALL OUT, IT'S GOING AWAY. AND WE'RE READY FOR A MOTION. YES. MOVED TO APPROVE FINAL DEVELOPMENT PLAN APPLICATION FDP 77 2023, SUBJECT TO THE. FIRST FIVE AND SEVENTH

[00:20:08]

CONDITIONS SET AS SET FORTH IN THE STAFF REPORT, PLUS AN AMENDED CONDITIONS SIX WHICH STATES THAT THE APPLICANT WILL BE REQUIRED TO AMEND OR MODIFY THE SITE PLAN TO ADDRESS AND DECONFLICT ANY SOUTH TRAFFIC PROBLEMS AT THE EASTERN DR ILL, AND THAT WOULD BE SUBJECT TO STAFF APPROVAL. OKAY A SECOND. SECOND. DISCUSSION ON THE MOTION. I'M SINGING PEN'S MOVING AND I'M WAITING. HIS STAFF CLEAR ON THE CONDITIONS. I CAN HEAR. I'M SORRY. WHO WAS THE SECOND? MR HEINZ WAS? MR WALLACE? YES, MR SHOW, MR KIRBY. YES? THERE ARE THREE VOTES TO APPROVE THE APPLICATION WITH THE CONDITIONS AND WITH CONDITIONS ONE THROUGH FIVE AND SEVEN STATED IN THE STAFF REPORT AND THE AMENDED CONDITIONS. SIX APPLICANTS SHALL BE REQUIRED TO REVISE THE SITE PLAN TO ADDRESS AND DECONFLICT ANY EASTERN DR ISLES SOUTHBOUND TRAFFIC AT THE TRAFFIC CIRCLE.

THANK YOU. THAT'S FINE. SUBJECT TO AFRICA. YES. EXCEPT THE STAFF REPORTS RELATED DOCUMENTS INTO THE RECORD FOR VARIANTS. 79 THAT GOES WITH THIS SECOND. DISCUSSION ON THE DOCUMENTS MOTION. FUNERAL PLEASE, MR KIRBY ? YES MR WALLACE? YES, MR SHELL. MOTION PASSES. THERE ARE THREE VOTES TO ADMIT THE DOCUMENTS. DO YOUR EMOTIONAL PROMOTION ON THE VARIANCE ITSELF. MHM I'LL MOVE TO APPROVE VARIAN 79 2023 BASED ON THE FINDINGS AND THE STAFF REPORT. CONDITIONS LISTEN TO STAFF REPORT SUBJECT TO STAFF APPROVAL. I DON'T THINK WE HAVE ANY CONDITIONS STUFF. I DON'T THINK THERE'S ANY CONDITIONS WORK. YES WHAT'S SECOND. AND A FURTHER DISCUSSION ON THE MOTION. CAN YOU ROLL, PLEASE? MR SCHELL? YES MR WALLACE? YES MR KIRBY? YES PASSES. THERE ARE THREE VOTES TO APPROVE THE APPLICATION. GOOD LUCK. THANK YOU. THANK YOU FOR GETTING IT RIGHT. MATCH HMM. YEAH. YEAH. OUR NEXT CASES VARIANTS 89 2023. HAZARDOUS. MATERIALS ENCROACHMENT FROM STAFF, PLEASE. THANK YOU. CHAIR MEMBERS OF THE COMMISSION. THIS 29 ACRE PROPERTY IS LOCATED ON THE NORTH SIDE OF HARRISON ROAD NORTHWEST, WHICH IS GENERALLY WEST OF THE INTERSECTION AT HARRISON ROAD, NORTHWEST AND CLOVER VALLEY ROAD NORTHWEST. WITHIN LICKING COUNTY. THE PROPERTY IS SURROUNDED BY VACANT TMD NEWS ONLY INTO THE NORTH, SOUTH AND EAST. THE SITE IS ALSO ADJACENT TO VACANT LG'S DON'T PROPERTY TO THE SOUTHWEST AND RESIDENTIAL PROPERTIES TO THE WEST. THE PROPOSED PROJECT WOULD SUPPORT CHEMICAL STORAGE AND DISTRIBUTION FOR INTEL'S AND I CONDUCTOR MANUFACTURING CAMPUS IN NEW ALBANY. THE REQUEST IS FOR A VARIANCE TO ALLOW THE STORAGE OF HAZARDOUS MATERIALS TO BE SET BACK LESS THAN 200 FT, WHICH IS THE REQUIRED MINIMUM. UM FOR THE CURRENT IN FUTURE PHASES OF THE DEVELOPMENT. THE CURRENT PHASE ONE, WHICH IS, UM THIS ENTIRE AREA WITH THE BUILDING, AND THEN THIS AREA WITH OUTDOOR STORAGE. INCLUDES INDOOR STORAGE WITHIN THE BUILDING OF HAZARDOUS MATERIALS.

STEP BACK 88 FT FROM THE EASTERN PROPERTY LINE. AND OUTDOOR STORAGE STEP BACK FROM THE NORTHERN PROPERTY LINE OF 35 FT. AND 30 FT FROM THE EASTERN PROPERTY LINE. UM ON HERE. YOU CAN ALSO SEE PHASE TWO TO THE WEST OF THE PROPOSED OUTDOOR STORAGE WOULD CONSIST OF

[00:25:05]

ADDITIONAL OUTDOOR STORAGE THAT WOULD HAVE THAT SEEM 35 FT STEP BACK FROM THE PROPERTY LINE TO THE NORTH. AND THEN THIS IS THE FUTURE PHASE TWO WAREHOUSE EXPANSION TO THE WEST OF THEIR PROPOSED PHASE ONE BUILDING. UM SOME OTHER THINGS ON THE SCREEN. THE BLUE DOTTED LINE REPRESENTS THAT 200 FT REQUIRED SETBACK FOR THE HAZARDOUS MATERIALS. YOU CAN SEE THAT IT DOES. THE OUTDOOR STORAGE, THE CLOSEST OUTDOOR STORAGE AND THE CLOSEST BUILDING OUR MEETING THAT SETBACK FOR THE PROPERTY LINE TO THE WEST AND THE PROPERTY LINE TO THE SOUTH. IT IS JUST THE EAST AND NORTH SIDES THAT THE VARIANCE APPLIES. TO THE AFRICAN STATES THAT PHASE ONE, I ASKED. OH YARD CONTAINING HAZARDOUS MATERIALS IS PROPOSED TO BE SCREENED BY A 10 FT CM CMU WONG, WHICH WOULD BE ALONG WITH THIS AIR INDIA EXPERIENCE THE EMU FOR THE AUDIENCE. UM IT IS BASICALLY A CONCRETE MASONRY WALL. AND THEN, IN ADDITION TO THAT, THERE WOULD BE AN 8 FT TALL, CHAIN LINK FENCE THAT WOULD MEET THAT WALL'S CORNER AND ENCLOSED THE WHOLE PROPOSED STATE WRAPPING THE WHOLE PROJECT FOR PHASE ONE. THIS ENSURES THE ENTIRETY OF THE DEVELOPMENT IS SCREENED. THE APPLICANT PROVIDED THE. ELEVATIONS OF WHAT THE CHAIN LINK FENCE WILL LOOK LIKE. AND THE CME. YOU WALK THE MATERIAL AND THE HEIGHT. THE APPLICANT IS PROPOSING THIS SPILL CONTAINMENT CURBING AROUND THE OUTDOOR STORAGE AND THEY DID PROVIDE THESE PICTURES OF, UM, AN EXISTING SITE THAT SHOWS THE CURBING NEAR THE OUTDOOR STORAGE. THE APPLICANT ALSO SUBMITTED A VICINITY AMOUNT SHOWING THE DISTANCE TO THE NEAREST EXISTING STRUCTURES. HOWEVER IT IS WORTH NOTING THAT THE PROPERTY TO THE NORTH SOUTH AND EAST ARE ZONED FOR REDEVELOPMENT OF COMMERCIAL USES . THEY ARE EITHER OR WILL BE REDEVELOPED. AND AGAIN, YOU CAN SEE THAT THE SETBACK REQUIREMENTS ARE BEING MET ALONG THE SOUTHERN PROPERTY LINE AND WESTERN PROPERTY LINE. THEY ARE NOT BEING MET TO THE NORTH OR TO THE EAST. THE VARIANCE REQUEST MAY BE SUBSTANTIAL BE LARGE SETBACKS ARE DUE TO THE POTENTIAL SIGNIFICANT IMPACT ON LIFE, PROPERTY AND THE ENVIRONMENT. THE PLANNING COMMISSIONERS SHOULD TAKE INTO CONSIDERATION THE SAFETY PRECAUTIONS THAT COMPANY IS INSTALLING ON SITE AND THE DISTANCES TO NEIGHBORING PROPERTIES. THERE DOES NOT APPEAR TO BE SPECIAL CIRCUMSTANCES THAT EXIST AND IT APPEARS THAT THE PROBLEM COULD BE SOLVED IN SOME OTHER MANNER RATHER THAN GRANTING THE VARIANCE REQUEST. THERE IS UNDEVELOPED PROPERTY TO THE NORTH AND TO THE EAST, WHERE, ADDITIONALLY AND MAY BE PURCHASED AND PHASES COULD BE ALTERED TO INITIALLY STORE THE HAZARDOUS MATERIALS. 200 FT AWAY FROM PROPERTY LINES THE CLINIC COMMISSION SHOULD CONSIDER IF GRANTING THE VARIANCES WILL ADVERSELY AFFECT THE HEALTH AND SAFETY OF PERSONS RESIDING OR WORKING IN THE VICINITY. AND MATERIAL IF IT'S GOING TO BE MATERIALLY DETRIMENTAL TO THE PUBLIC WELFARE OR TO PRIVATE PROPERTY OR PUBLIC IMPROVEMENTS IN THE VICINITY, AND WITH THAT STAFF IS AVAILABLE FOR ANY QUESTIONS. YOU'RE IN ENGINEERING ON THIS COMMENTS. OKAY, APPLICANTS, PLEASE. TO HAVE YOU WITH US. I HAVE NOT MET THEM IN PERSON, BUT I JUST NOT APPEAR THAT THEY ARE PRESENT. THIS IS GONNA GET REALLY HARD TO DO WITHOUT. YEAH, GET PRESENT. UM.

[00:30:04]

HMM. AND SO THE APPLICANTS NIGHT HERE. I THINK WE COULD STILL HAVE, LIKE A, UM, OPEN UP FOR PUBLIC COMMON PLANNING COMMISSION COMMENTS, BUT STAFF WOULD RECOMMEND THAT THE PLANNING COMMISSION TABLE TO THE NEXT MEETINGS OF THE APPLICANT CAN BE PRESENT. YEAH. VERY MUCH SO BECAUSE THERE'S OKAY, LET ME ASK A FEW THINGS THAT TO MAKE TO CLEAR IT WITH STAFF AND SO THAT EVERYONE ELSE KNOWS. SO IF THE LAND TO THE NORTH AND TO THE EAST WAS UNDER CONTROL OF THE SAME ENTITY. EVEN THOUGH THERE'S A LOT LINE, THIS WOULD BE RELAXED. CORRECT OK, THAT'S BUILT INTO THE ZONING THAT IF THEY HAD UNIFIED CONTROL THEY COULD HAVE A PARCEL THAT HAD THAT WAS CLOSER. THAT'S CORRECT. MY QUESTION. ALSO THE STAFF IS DO WE KNOW WHO OWNS THE NEXT TWO PARCELS OVER IT IS NOT THE APPLICANT. THERE ARE THREE THE PERSONAL TO THE NORTH. INTO THE EAST ARE TWO SEPARATE ENTITIES OTHER THAN THE GRAND CANYON, OKAY, AND THEIR COMMENTARY ON THIS AS THE MOST EFFECTIVE NEIGHBOR. WOULD BE MOST WELCOME. OH JUST I DON'T KNOW. I PRESUME THEY GOT SOMETHING NOTICE. CORRECT OKAY, CAN WE ARE ANY OF THEM? PRESIDENT ACTUALLY, LET ME HEAR ANY OTHER PROPERTY OWNERS TO THE NORTH OR EAST HERE. OKAY. NOW, UM. WELL, DO WE KNOW? DO WE KNOW WHO THERE'S A LIST OF THE PROPERTY OWNERS WITHIN 200 FT. IN THE APPLICATION. DO WE KNOW WHICH OF THE TWO WELL, SOMEBODY REAL QUICK WITH THE ORDERS IS THIS LOOKING COUNTY? SO WE JUST CHECKED. I JUST CHECKED THE LICKING COUNTY AUDITORS WEBSITE. SO N B. J HOLDINGS IS THE OWNER TO THE NORTH. AND TO THE SOUTH AS CEO. I KNEW ALBANY TECH CLERK LAND, SO THAT'S ON THE OTHER SIDE OF HARRISON ROAD, AND IT APPEARS THAT THEY ALSO OWN SOME LAND TO THE EAST. THE CEO IN ALBANY TECH PARK LAND LLC. SO THERE'S TWO DIFFERENT LANDOWNERS CEO IN NEW ALBANY AND LBJ HOLDINGS. WHAT WAS THE EAST? DID YOU SAY THAT? THE INITIALS CEO? I LANDHOLDINGS, OKAY. WE? WE DID NOT HEAR FROM EITHER PARTY. NO. UM COUNCIL. ARE YOU RECOMMENDING THAT WE DO NOT GO FORWARD TODAY? I THINK IT'S FAIR. ANYBODY HERE WANTS TO MAKE A COMMENT SINCE WE HEAR THEM. YEAH BUT AS FAR AS RULING YEAH, TABLE OF RECOMMENDING WE TABLE IT WOULD BE MY ADVICE. WELL FROM MY PERSPECTIVE, WHAT I'D LIKE TO DO , WHICH IS CONSISTENT WITH WHAT ONE SAID IS OPENING UP TO THE PUBLIC IF THERE ARE PUBLIC MEMBERS THAT HAVE COMMENTS AND I WOULD SUGGEST TO THE PUBLIC THAT COMMENT TONIGHT. IS WELCOME, OBVIOUSLY, BUT THE APPLICANT ISN'T HERE TO RESPOND TO IT. MY PERSONAL FEELING IS THE BEST THING TO DO WOULD BE TO POSE QUESTIONS SO THAT THE APPLICANT CAN SEE THE QUESTIONS THAT THE PUBLIC HAS AND WHAT THEY APPEAR AT THE MEETING NEXT MONTH OR WHENEVER WE TABLE IT, TOO. THEY MAY HAVE HAD AN OPPORTUNITY TO ADDRESS THE SPECIFIC QUESTIONS THAT YOU MAY HAVE. THEN OBVIOUSLY I ENCOURAGE YOU TO COME TO THAT MEETING AS WELL. TO HEAR THE ANSWER AND ASKING FOLLOW, SO THAT WOULD BE MY SUGGESTION BECAUSE JUST RANTING AND RAVING WITHOUT THE APPLICANT HERE. I MEAN THAT WITH NO DISRESPECT, UM DOES IS NOT REALLY HELPFUL DOESN'T REALLY ADVANCE THE BALL THAT MUCH RENT RATE, BUT THE NEXT MEETING WHEN THEY'RE HERE, IF THAT'S APPROPRIATE, ANYWAY, JUST THE BOX ESPECIALLY GET YOUR QUESTIONS ASKED BECAUSE NORMALLY HALF OF WHAT WE DO IS PEOPLE HAVE A QUESTION. WE SEE WE GOT THE ANSWER WILL BE A LITTLE SHORT ON THAT. UM BUT WE'LL DEFINITELY TAKE THE QUESTIONS. I WOULD DEFINITELY LIKE TO HEAR THOSE ANSWERS. UM OUT OF JUST CURIOUS, NOT SO IDLE CURIOSITY TO ITEMS DOWN IN OUR AGENDA IS A CONDITIONAL USE FOR UH, CORNERSTONE, AND IT'S MARKED AS AARON IS AARON HERE. AND I HEAR FOR AARON. OKAY I DON'T. I DON'T . I CAN'T SPEAK TO THIS MB JOOK EXPECTING THAT TO BE THE ANSWER, BUT I WANTED TO CHECK JUST IN CASE. WE'LL HAVE YOU GIVEN THAT NAME TO THE STAFF HERE. CAN I ASK YOU HEAR FROM THE PUBLIC IS HERE FOR THIS SPECIFIC VARIANTS TONIGHT. SORRY ABOUT THAT. OKAY. WISH WE COULD GO FORWARD, BUT WE HAVE TO LISTEN TO OUR COUNCIL'S RECOMMENDATION. SORRY TO MAKE YOU HAVE TO COME AGAIN. SO BUT I DO THINK IT'S A GOOD OPPORTUNITY

[00:35:06]

TO RAISE YOUR QUESTIONS THAT YOU HAVE. THAT YOU WOULD LIKE THE ABSOLUTE WAS HERE. WHAT WOULD YOU ASK THEM? YEAH AND THAT ACTUALLY GIVES THEM A RUNNING START. IT SEEMS TO ME FOR THE NEXT TIME IN THE NEXT MEETING WHEN HE CAN BE MORE PRODUCTIVE AND PIE ON MY LIST WOULD HAVE BEEN HAVING CHECKED WITH YOUR NEIGHBORS ON THE TWO INSIDES AND BY ANY CHANCE, YOU HAVE A LETTER FROM YOUR NEIGHBORS ON THE OTHER TWO SIDES THAT SAY THEY'RE GOOD WITH THIS, UM, BECAUSE IF THEY CAN GET SOMETHING THAT APPROACHES UNIFIED CONTROL, THEN THEY DON'T NEED TO VARIANCE AND THE EQUIVALENT OF IT IS THE MORAL EQUIVALENT OF HELP. DEFINITELY TRYING TO GET TO WELL , THAT HAD HAD THE SAME ENTITY OWNED IT. WE WOULDN'T BE HERE. IF THEY CAN GET THE PERMISSION FROM THE OTHER ENTITIES THAT WOULD HAVE HAVE A SIMILAR APPEARANCE, AT LEAST WAS FAR AS WEIGHING THE VARIANCE. ALTHOUGH IT DOES LOOK LIKE THERE'S A LOT OF EASIER WAYS TO FIX THIS. THAT WAS MY THOSE ARE MY BIGGEST ONES . DID YOU HAVE OTHER QUESTIONS THAT YOU WERE SET TO ASK? WELL, I'LL ASK HIM NEXT TIME, OKAY? YEAH, I'LL WAIT ONE. QUICK QUESTION. FIRST HALF. I'M ASSUMING IF WE TABLE IT, EVERYBODY WILL GET ANOTHER NOTICE. YES THANK YOU. LET US MAKE SURE THAT HAPPENS SO THAT CAN WE TABLE IT TO A DATE RIGHT NOW? SPECIFIC DATE. YEAH I WAS.

I WAS ON THE TABLE OF THE MONTH, BUT I WOULD REALLY LIKE TO KNOW. THAT THE POLICE WILL BE HERE WHEN WE DO THIS. RIGHT AS THERE'S OLD PEOPLE CAN'T SPEAK STAFF DID NOTIFY THE APPLICANT THAN THEY NEEDED TO BE. PRESIDENT SO WE WILL DO THAT AGAIN. YEAH I THINK WHEN YOU TABLE IT TO YOU COULD MAKE AN OR YOU PUT IN THE MOTION TABLED TO A DATE WHEN THE APPLICANT CAN ATTEND THE MEETING. SO THAT WAY, IT'S NOT JUST A DATE SPECIFIC, BUT IT ALSO THIS CONTINGENT UPON THE APPLICANT BEING PRESENT AS WELL. UM I'M NOT SURE THEIR EASE OF MAKING HERE ON THESE THIRD MONDAYS OF THE MONTH, BUT WE CAN CERTAINLY FIGURE THAT WITH THEM TO MAKE SURE THAT THEY CAN BE PRESIDENT. THE NEXT MEETING DANCER QUESTIONS FOR LEGAL STAFF. CAN WE TABLE IT TOO? THE EARLIEST DATE AFTER NOTIFICATION. THAT THE APPLICANT AGREES THAT THEY CAN MEET. I THINK THAT'S SUFFICIENTLY SPECIFIC THAT YOU COULD TABLE TO THAT POINT. YES. QUESTION COUNSEL IF THEY DON'T SHOW THE SECOND TIME. CAN WE VOTE ON IT AT THAT POINT? WELL I WOULD BE COMFORTABLE WITH THAT POINT VOTING WITHOUT THEM HERE BECAUSE THEY'VE HAD EVERY OPPORTUNITY TO BE HERE AND THEY DIDN'T MAKE IT. SO I THINK THAT THAT WOULD I WOULD BE COMFORTABLE THAT AT THAT POINT THANK YOU. DID YOU HAVE MORE DAD? NO I'M JUST NOT SURE THAT WE ARE REQUIRED TO MAKE IT AT THEIR CONVENIENCE. EVEN FOR THE SECOND HEARING. I THINK THAT THIS AUDIENCE IS ENTITLED TO SOME CONVENIENCE TO AND THEY'VE ALL COME OUT HERE TODAY TO SPEAK ABOUT THIS, AND I THINK THAT WE SHOULD JUST SET A DATE NOT TO EXCEED THREE MONTHS. THE ONLY THING I WOULD SAY IS THAT THE NEXT TIME REGULAR SCHEDULED MEETING OF OTHER THAN THE DECEMBER 4TH READING. I BELIEVE WE'RE GOING TO HAVE, WHICH IS JUST TWO WEEKS AWAY IS TOWARD THE END OF THE MONTH IN DECEMBER, AND MANY HOLIDAYS COME UP DURING THAT TIME, AND IT MADE MAY NOT BE THE GREATEST TIME BUT THE APPLICANT IN THAT POSITION, BUT IT MAY ALSO BE INCONVENIENT FOR THE START DATE IMMEDIATELY AFTER THE FIRST OF THE YEAR. YEP AND GIVE EVERYBODY THAT DATE TODAY DON'T HAVE PLENTY OF NOTICE. WE HAVE A BUNCH OF EM SPEAK CARDS, WE COULD START WITH THE FIRST OF THE SPEAKER KURDS.

ALL RIGHT. AND FOR THE PEOPLE WHO GOT A SPEAKER CARD, YOU DON'T HAVE TO IDENTIFY YOURSELF IF YOU GET CALLED, BUT FOR OTHER FOLKS, WHICH ADDS SOMETHING WHEN IT'S YOUR TURN THE MICROPHONE, GIVE YOUR NAME AND YOUR ADDRESS AND BE SURE TO SPEAK TO THE MICROPHONE. SO IT MAKES IT TO THE MINUTES ESPECIALLY SO YOU CAN GET YOUR QUESTIONS TO THE APPLICANT. SHALL WE GO? OKAY THE FIRST CARD I HAVE IS FOR PAUL WEINBERGER. GOOD EVENING. THANK YOU FOR TAKING THE TIME TO HEAR OUR CONCERNS, AND, UM HAPPY EARLY THANKSGIVING. IF IT MAKES IT EASIER. I HAVE COPIES OF WHAT I'M GOING TO READ, UM. THANK YOU. AND SOME OF WHAT I'M GOING TO READ OR STATEMENTS AND SOME ARE OBSERVATIONS AND SOME OF QUESTIONS I APPRECIATE IF YOU BEAR WITH ME FOR A MINUTE. SO WE LIVE IN THE DEVELOPMENT TO THE WEST OF RANKIN AND, UM, WE ARE CONCERNED ABOUT CHEMICALS BEING STORED NEXT TO OUR DEVELOPMENT. IT APPEARS THAT WRECKING COMPANY

[00:40:02]

ANTICIPATED APPLYING FOR A VERY ANSWER WHEN THEY BOUGHT THE LAND SO THEY COULD PURCHASE A SMALLER PARCEL AND SAVE MONEY OR THEY POUR PLANNED POORLY. THEY HAVE SEVERAL LOCATIONS ALL OVER THE WORLD, AND AS SUCH, THEY SHOULD BE EXPERTS AT SELECTED AND PLANNING FOR THEIR OPERATIONS.

WITH THAT, A VARIANCE HOW MANY ACRES WOULD HAVE BEEN NECESSARY TO PURCHASE IN ORDER TO ACHIEVE RANKINGS OBJECTIVE STATED IN THE DOCUMENTS PROVIDED TO NOT POSIT DISORDER TO NECESSARY SITE CIRCULATION TO NOT CAUSE INEFFICIENT TRUCK MOVEMENT AND SITE OPERATIONS FROM MATERIALS TO BE OUT OF YOU TO ALLOW SUFFICIENT SHIELD INTO THE PUBLIC FROM HAZARDOUS MATERIALS TO WORK AND TO PROTECT OTHER TECHNOLOGY MANUFACTURING DISTRICT COMPANIES PERSONNEL WHAT'S SUFFICIENT PROPERTY. WHY WAS SUFFICIENT PROPERTY NOT PURCHASED? AVOID THE NEED FOR A VARIANCE. HOW MUCH MONEY DID THE PURCHASE OF A SMALL PERSONAL SAVE RANKING COMPANY OTHER THAN THE WALL AND FRENCH MENTIONED THE DOCUMENTS PROVIDED WHAT SHOOTING MATERIAL SLASH BARRIERS WILL BE USED TO KEEP THE WAREHOUSE AND I O S I S O YARD. OUT OF VIEW OF RESIDENTIAL NEIGHBORHOOD. PUBLIC INTEREST IS MENTIONED IN THE FACTORS TO BE CONSIDERED IS NOT SERVED AT THE VARIANCES GRANTED BECAUSE IT MAY ADVERSELY AFFECT THE SAFETY OF PERSONS RESIDING OR WORKING IN THE VICINITY OF THE PROPOSED DEVELOPMENT DUE TO SITUATING CHEMICALS CLOSER TO PEOPLE AND FACILITIES OUTSIDE RANKING COMPANY SINCE CHEMICALS WILL BE CLOSER TO PEOPLE OUTSIDE OF RANKING COMPANY, IT MAY BE MATERIALLY DETRIMENTAL TO THE PUBLIC WELFARE AS MATURING FACTORS CONSIDERED OR INJURIOUS AS MENTIONED FACTORS CONSIDERED TO PRIVATE PROPERTY AND IN THE VICINITY. RANKING COMPANY STATES . SUBSTANTIAL JUSTICE WOULD BE DONE TO THE PROPERTY OWNER. THIS IS NOT A VALID ARGUMENT BY RICK AND COMPANY. IT IS REGIONAL TO EXPECT THAT RANKING COMPANIES SHOULD HAVE HAD KNOWLEDGE OF THE ZONING RESTRICTIONS AND SETBACK REQUIREMENTS. AS MENTIONED THE FACTORS CONSIDERED DISAGREEMENTS ISSUE WAS CREATED BY RANKING COMPANY AND TO ALBANY COMPANY WITH THOUSANDS OF ACRES AVAILABLE. THEY CHOSE A LOCATION NEXT TO RESIDENTIAL HOUSING DEVELOPMENT AND PURCHASING AN UNDERSIZED PARTIAL TO SAVE MONEY , THE SPECIAL CONDITIONS AND CIRCUMSTANCES ARE RESULTS OF THE ACTION OF THE APPLICANT AS MUCH IN FACTORS CONSIDERED THE PROBLEM CAN BE SOLVED BY SOME MEN OR OTHER THAN GRANNY AND THE VARIANCE AS MENTIONED FACTORS CONSIDERED IF RANKING COMPANY CAN BUILD A SMALLER BUILDING AND HAVE A SMALL YARD WHILE INCREASING OPERATING EFFICIENCIES, IMPROVING CONFIGURATION TO AVOID THE NEED FOR A VARIANCE. THIS WILL ALLOW A REASONABLE RETURN AND A BENEFICIAL USE OF THE PROPERTY WITHOUT THE VERY ENDS AS MENTIONED FACTORS CONSIDERED THIS WILL ALSO ALLOW THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD. NOT TO BE SUBSTANTIALLY ALTERED, AS MENTIONED THE FACT THAT SHE CONSIDERED SO ONE OF THE DOCUMENTS AND PC 23 1120, IT WAS MENTIONED THAT RIGHT CAN CAN PURCHASE OTHER PARCELS. TO BREAK OUT STORAGE AND THE ISLE ISSUES I ASSUME YARDS. THE PROPOSED USE IN BRANDS WILL NOT PRESERVE THEIR SPIRIT AND 10 OF THE ZONING REQUIREMENTS HAS MENTIONED FACTORS CONSIDERED BECAUSE HAVING A CHEMICAL STORAGE FACILITY NEXT TO A RESIDENTIAL DEVELOPMENT CREATES SUBSTANTIAL, UNNECESSARY RISK TO THE COMMUNITY AS MENTIONED FACTORS CONSIDERED A SUBSTANTIAL JUSTICE IS NOT DONE AS MENTIONED FACTORS CONSIDERED, IN FACT, A SUBSTANTIAL INJUSTICE IS CREATED. BY ALLOWING THE BRANCH AND BY RANK AND COMPANY TRYING TO SAVE MONEY AT THE EXPENSE OF RESIDENTIAL COMMUNITY AND THE WORKERS AND CONNECTING OLOGY MANUFACTURING DISTRICT STADIUM WOULDN'T DID NOT DIMINISH THE VALUES OF SURROUNDING PROPERTIES IS AN INCOMPLETE STATEMENT BY RANK AND THEY HAVE NO MENTION OF HOW HAVING A BAD CHEMICAL STORAGE FACILITY NEXT YEAR. RESIDENTIAL HOUSING DEVELOPMENT WILL AFFECT THE VALUES OF EXISTING HOMES. I DON'T THINK PEOPLE ARE GOING TO BE INTERESTED IN PURCHASING HOME NEXT TO A CHEMICAL STORAGE FACILITY. REALLY THE VARIANCE FROM 200 TO 88 FT AND 2 35 FT. IT'S SUBSTANTIAL AS MENTIONED FACTORS CONSIDERED THE INTEREST OF THE PUBLIC AS MENTIONED FACTORS CONSIDERED IS BEST SERVED WHEN CHEMICALS ARE AS FAR AWAY AS POSSIBLE FROM PEOPLE RANKING COMPANY IS REQUESTED TO PROVIDE ALL ENVIRONMENTAL LITIGATION FINDING SUPPORT RULINGS. COMPLAINTS THIS INCLUDES BUT IS NOT LIMITED TO SEVERAL LEGAL AND OTHERWISE WORLDWIDE AGAINST RANKING COMING. FUNNY. SPECIFICALLY NOTING WE'RE RANKING COMPANY IS PURPORTED TO BE INFORMED WITHOUT THIS TO DETRIMENT TO PUBLIC WELFARE, AS MENTIONED FACTORS CONSIDERED CANNOT BE DETERMINED. WE DON'T KNOW HOW WELL THEY'RE

[00:45:02]

GOING TO MAINTAIN THEIR PROPERTY . WE DON'T KNOW WHAT CAUSES OF ENVIRONMENTAL HAZARDS OR OTHER CONDITIONS HAS OCCURRED. SO WE CAN'T HOW CAN WE RULE IN A VARIANCE UNLESS WE KNOW HAD THE POTENTIAL OF HOW IT'S GOING TO AFFECT TO FURTHER THE TO FURTHER DETERMINE ANY DETRIMENT TO THE PUBLIC WELFARE. IT IS REQUESTED THAT WRITING COMPANY PROVIDE A LIST OF ALL CHEMICALS THAT ATTESTS PATES STORING HADN'T NEW ALBANY, OHIO LOCATION AND THE REASON FOR THIS IS BECAUSE WE DON'T KNOW THIS EXCEPT THERE WERE ONLY OF CHEMICALS BEING AIRBORNE HOW FAST THEY CAN LEACH INTO LAND. THERE'S A CRACK IN THE CONCRETE OR SPILL OR OTHERWISE. THE PROBLEM CAN BE SOLVED BY SOME MANNER OTHER THAN GRANTING A VARIANCE AS MENTIONED FACTORS CONSIDERED IF FRANKLIN COMPANIES SHOULD CONSIDER MOVING THEIR LOCATION TO WHERE THEY CAN MEET THE SETBACK REQUIREMENTS DO THEIR CIVIC IS SOCIAL RESPONSIBILITY TO PROTECT RESIDENTIAL HOUSING AND PEOPLE IN THE TECHNOLOGY MANUFACTURING DISTRICT TO ENSURE THE PUBLIC INTEREST IS SERVED AS MENTIONED FACTORS. CONSIDER CAROLINA AND CHANDLER, ARIZONA. THE CHEMICAL STORAGE FACILITY IS APPROXIMATELY ONE MILE FROM RESIDENTIAL HOUSING AND 3.5 MILES FROM INTEL IN NEW ALBANY, OHIO. CHEMICAL STORAGE FROM SECT FACILITY IS ANYWHERE FROM 4 TO 800 FT OR APPROXIMATELY 1/10 OF A MILE FROM RESIDENTIAL HOUSING AND APPROXIMATELY TWO MILES FROM INTEL. STUDIES HAVE SHOWN THAT CHEMICALS USED IN MANUFACTURING PROCESS CARRIED MANY HEALTH HAZARDS. SOME CHEMICALS ARE KNOWN CARCINOGENS CAUSE REPRODUCTIVE PROBLEMS AND ETCETERA. HOW MANY CANCER CASES REPRODUCTIVE PROBLEMS AND DEATHS HAVE TO CURB BEFORE PROPER ACTION IS TAKEN. SO I WOULD ASK YOU TO CONSERVE THESE QUESTIONS. WHY IS A CHEMICAL STORAGE FACILITY CLOSER TO A RESIDENTIAL DEVELOPMENT THAN TO THE MANUFACTURER FOR WHICH THEY ARE STORING CHEMICALS. THIS PUTS THE RESIDENTS AT GREATER RISK THAN THE INTEL PERSONNEL. WHY WOULD THE CHEMICAL STORAGE FACILITY NOT BE NEXT TO INTEL OR THE LIVES OF THE INTEL PERSONNEL MORE VALUABLE THAN THE LIVES OF THE RESIDENTS WHO HAVE LIVED THERE FOR MORE THAN 20 YEARS, IS SAVING A FEW $100,000 WORTH OF RISK AND HELP WITH THE LIVES OF THE PEOPLE. THANK YOU FOR YOUR CONSIDERATION ANY QUESTIONS HERE AND IT'S ALL CLEAR. OKAY THANK YOU DO HAVE A QUESTION FOR STAFF. UM BETWEEN THE I PRESUME FROM LOOKING AT THIS, BUT I'M EYEBALLING LIKE IT'S CONFIRMATION AT THE ROAD TO THE EAST IS PRESUMED FAR MORE THAN 120 FT FROM THE LOT LINE. THAT ROAD AND THEIR LOT LINE BECAUSE IT LOOKS LIKE THEIR LOT WITH JUST LOOKS LIKE THIS IS BIG AS THEIR ENTIRE LOT. LET'S SEE IF I CAN GO APPROXIMATION FOR YOU. OH, YEAH. THOSE LOOK NOMINALLY THE SAME IS NOT THE LOT TO THE EAST IS PERHAPS EVEN LONGER EAST TO WEST THAN THEIR LOT. SO MY POINT HERE IS THERE NOT CONSTRAINED BY THE ROAD. AND ALL. OKAY THEY CAN PUT THEIR EXISTING THEY'VE GOT MORE THAN ENOUGH ROOM. TO THE EAST. IF THEY HAD CONTROL OF THAT LOT WERE PART OF THAT BODY. AND THIS IS ALSO TRUE OF THE NORTH. OKAY. THANK YOU. OTHERS THAT WAS HELD LOVERS. MORNING. YOU SAID SOMETHING LIKE. I HAD AN IDEA. I WANT TO CHECK TO MAKE SURE THAT IT WOULD FIT THEY COULD MAKE IT BIGGER. NEXT SPEAKER, PLEASE. SORRY. JEFF AND JEN JEN AIMS. WHAT HE'S SAYING. UM WE LIVE AT 116 BERMUDA DRIVE, SO WE LIVE IN THAT NEIGHBORHOOD THERE JUST TO THE WEST, AND WE'RE NEIGHBORS WITH PAUL. OUR CONCERN REALLY IS TRULY ABOUT THE POTENTIAL CONTAMINATION TO WELLS, RIGHT? BECAUSE WE'RE ON A WELL THERE AND THIS HAZARDOUS CHEMICAL MATERIALS PRETTY DARN CLOSE. I MEAN, WE COULD WALK THERE. SO UM, I GUESS MY QUESTION FOR THE APPLICANT WOULD BE. WHAT ARE THEY DOING TO MAKE? SURE I GUESS WE HEARD SOME OF WHAT THEY'RE DOING. BUT WHAT'S WHAT'S BEING DONE TO MAKE SURE ON A CONTINUAL BASIS THAT THEY'RE DOING WHAT THEY'RE SAYING? THEY'RE GOING TO BE DOING AND THAT OUR WELLS ARE NOT BEING CONTAMINATED, BECAUSE, UM, I DON'T WANT TO BE WALKING AROUND WITH SOME KIND OF CANCER SOMEDAY, BECAUSE WE'RE STUCK HERE. WE'RE IN THE MIDDLE OF BERMUDA TRIANGLE IN THE MIDDLE OF ALL OF THIS, SO WE TRULY HAVE A CONCERN FOR HEALTH. SO IT'S WOULD PERHAPS A REQUEST FOR ANNUAL WELL TESTING. FOR SURE. THE WORLD CUP THING AND THEN

[00:50:07]

PERSONAL. WE HAVE NO IDEA WHAT KIND OF CHEMICALS ARE PULLING IN HERE. THEY MENTIONED ONE OF THEM BECAUSE IT'S DRAWING A LOT OF IT, BUT THE OTHERS ARE MARKED. CORROSIVE AND THEY DON'T TELL US WHAT THEY ARE. YEAH. BUT OF ALL THE LAND THAT'S OUT THERE. WHY DID THEY HAVE TO PUT THIS RIGHT UP NEXT TO US? I MEAN, I DON'T WANT TO BE THE GOOD WITH NIMBY AND THAT MY BACKYARD BUT IT'S IN MY BACKYARD LITERALLY IN MY BACKYARD. IN OUR WEALTH. THAT'S A BIG CONCERN. THANK YOU. THANK YOU AND THANK YOU FOR NOT SAYING MORE THAN WHAT HE SAID, KEEPS THESE MEETINGS MERCIFULLY SHORT.

OUR NEXT SPEAKER IS. JUSTIN WILLIAMS. WHAT THEY SAID. THERE'S GONNA BE A LITTLE BIT REDUNDANT, BUT I WANT TO MAYBE CLARIFY A FEW THINGS. UM SO WHEN A PREVIOUS MEETING IT WAS LOGGED AT ONE POINT WHEN ASKED ABOUT THESE PROPERTIES, ACTUALLY, CAN YOU GO TO THE SLIDE WITH THE BLUE, PLEASE? I WAS LIKE, YEAH, THAT'S THE ONE SO WHEN WE ALL MOVED INTO THIS NEIGHBORHOOD, ALL THAT BLUE AREA IN TEAL AREA WERE HOMES OR FARMS, AND SO THAT'S WE KIND OF MOVED INTO.

THIS HONEY. THANK YOU. AND SO WHEN WE MOVED IN, THAT WAS OUR EXPECTATION OF RETURN BY FARMS IN NATURE OF THOSE TESTING, SO WE ALL HAVE WELL, WATER TO THAT POINT. UM AS WE'VE GONE FORWARD.

SOME OF THE PROPERTIES HAVE BEEN ACQUIRED BY ALBANY COMPANY SLASHING BJ, AND THAT'S FINE, WE'VE NOTED NOTED THAT BUT IT WAS ASKED WHAT HAPPENS WITH THESE PROPERTIES HERE, AND THERE WAS A NOTE MADE THAT ALL PROPERTIES ALREADY DON'T HAVE ORDERED BEEN SOLD. THERE'S NO RESIDENTS IN THERE. I DO BELIEVE IT WAS CORRECTED, BUT I WANT TO MAKE SURE IT'S CLEAR. THERE ARE 41 PROPERTIES HERE AND THERE ARE STILL 33 HOMES THAT ARE OWNED BY INDIVIDUALS. AND SO IMPACTS THAT ARE MADE TO THE SURROUNDING AREAS DO IMPACT ALL OF US AND SO AS WELL. WATER IN PARTICULAR.

THE VARIANCE FOR THE SPILLOVERS AND ROLLOVERS. IT'S ASSUMING COMMERCIAL WATER RIGHT. THAT'S PROVIDED, AS ALL THE OTHER FACILITIES WOULD BE, AS IT WOULD BE THREATENING MULTI FOR OUR NEIGHBORHOOD. IT'S NOT RIGHT, SO ANYTHING THAT GETS INTO THE GROUND COULD GET INTO THE AQUIFER. IN EFFECT, EVERYBODY THAT IS OUR PRIMARY CONCERN. SO IF THAT WERE TO HAPPEN, WHAT WOULD BE THE CORRECTIVE ACTION? RIGHT. WHAT WOULD HAPPEN IN THAT TYPE OF SITUATION? UM ANOTHER THING THAT WAS BROUGHT UP IS DEFENSIVE. SO WE TALKED A LITTLE BIT ABOUT THE PROPERTIES EARLIER THAT ARE BEING PUT UP AROUND THE CRIMSON CUP IN THOSE TYPES OF THINGS AND BEING DESIGNED TO NEW ALBANY STANDARD. I THINK PAUL BROKE A REALLY GOOD POINT IN HIS PORTION ABOUT NEW ALBANY HOMES, HAVING AN 800 FT VARIANTS, AS OPPOSED TO A 200 FT VARIANTS. WHY WOULD THAT HOME VARIANTS BE DIFFERENT FOR A NEW ALBANY HOME? VERSUS A LOOKING COUNTY OR JOHNSON HOME. RIGHT AND SO WHY WOULD THAT NOT BE MAINTAINED ACROSS THE BOARD? UH, SAME THING WITH THE FENCING AROUND THIS BREATHING ONE. I WANT TO MAKE SURE WE UNDERSTAND WHAT YOU JUST WENT THROUGH. UM. ABOUT 800. FT YEAH, SO EMPLOYEES. RIGHT RIGHT NOW. IT'S RIGHT NOW, SAID 400 EXPERIENCE. OKAY ALL RIGHT. SO IT SOUNDED LIKE THERE WAS A DIFFERENT VARIANTS FOR OUR NEIGHBORHOOD VERSUS UM THERE'S AND THEN THE FENCING TOO. SO CHAIN LINK FENCE. I HAVEN'T SEEN THAT ANYWHERE ELSE IN NEW ALBANY, RIGHT? SO WHY WOULD THAT BE ACCEPTABLE HERE AS WELL? I THINK SOMEWHERE DATA CENTERS HAVE CHAIN LINK. THEY'RE USUALLY SURROUNDED BY THAT STEEL FENCE AND CURB APPEAL WITH THE TREASON , ONE CENT ON STAFF. YEAH WE TYPICALLY DO HAVE A FINAL CODED LIKE CHAIN LINK FINS FOR SECURITY PURPOSES FOR THE DATA CENTERS THAT WE RECOMMENDED OUR LANDSCAPE STANDARDS PLAN, OTHERWISE, THE TYPICAL LANDSCAPE STANDARD WOULD BE A COMBINATION OF COURSE, BENDS AND DEPENDING ON THE SCREENING AND BUFFERING REQUIREMENTS, POSSIBLY AMOUNT AS WELL THERE. I'M SURE YOU GUYS KNOW THERE IS A MOUND ON THE BACK OF THE PROPERTY THERE. THAT'S I GUESS ON THE WESTERN SIDE HERE. I BELIEVE THAT'S A 8 TO 10 FT. TALL MOUNTAINS EXISTING TODAY. UM TO THAT'S IMMEDIATELY EAST OF THOSE HOMES IN WEST OF THAT LARGE RETENTION BASIN THERE. OKAY? SO THE FUNDAMENTAL QUESTION NOW IS WHAT HAPPENS IF SOMETHING WERE TO HAPPEN AND IS DESIGNED GONNA BE BACK TO PAUL'S ORIGINAL POINT, SOMETHING THAT DOESN'T DECREASE THE VALUE AS OPPOSED TO INCREASE. THANK YOU. THANK YOU. NEXT. OKAY ANYONE ELSE WISH TO SPEAK ON THIS VARIANCE? COME UP TO MIKE AND GIVE US THE NAME AND ADDRESS. AFTERNOON STEVE BLEVINS TO 34 BERMUDA DRIVE. ONE OF THE THINGS I WOULD SUBMIT. IS AND LOOKING AT THE PROPERTY TO THE EAST OF THE OUTLINE COPY. EVEN ACROSS THAT ROAD. THERE IS EVEN MORE PROPERTY THAT TO OUR KNOWLEDGE, ACCORDING TO THE

[00:55:08]

COUNTY AUDITOR. THAT IS STILL OWNED BY J. SO WE COULD CERTAINLY MOVING FURTHER AWAY FROM THE RESIDENTIAL AREA. JUST A SUGGESTION. UM ONE OF THE OTHER THINGS PAUL WAS TALKING ABOUT. JUST AS WELL FOR THE CHEMICALS. COULD YOU REQUEST FROM THIS COMPANY? MSD S SHOOTS.

THAT'S A ZERO MATERIAL SAFETY DATA SHEETS. THAT WOULD HELP. ALL THE NEIGHBORS UNDERSTAND EXACTLY THE CHEMICALS AND WHAT THE RESPONSE IS SUPPOSED TO BE SURE TO BE ANY TYPE OF ISSUE WITH PEOPLE'S TRUE WOULD NOT ONLY ASK THE APPLICANT RIGHT HERE. UM THEY MENTIONED ONE CHEMICAL IN PARTICULAR BECAUSE THEY HAVE A LARGE AMOUNT OF STORAGE OF IT. UM, SURE, AND IT'S SLIGHTLY FLAMMABLE. IT IS SOMEWHAT TOXIC, AND IT'S NOT A CARCINOGEN. SO THE ONE THAT THEY SAID, YOU KNOW, CYCLE HEX SOMETHING ANOTHER BENZENE BASIC. YOU DON'T UM THAT WILL NOT AT LEAST WE CAN LOOK UP THE OTHER ONES. WE DON'T KNOW. YEAH WELL WITH THEM, YOU KNOW, I'M SURE THEY'VE GOT THEIR PLENTY OF IN ORDER READY TO MOVE IN. THEY PROBABLY KNOW EXACTLY WHAT THEY'RE GOING TO HAVE. SO MAYBE WE COULD PROBABLY PROPOSED TO THEM PROVIDE THAT INFORMATION.

FOR ALL CHEMICALS. THANK YOU. THANK YOU. WELCOME. NEXT. MY NAME IS SCOTT DRISCOLL. LIVE AT 156 PERMUTE TO DRIVE SO I'M THE SOUTHEAST HOUSE RIGHT THERE. AND I THINK I MIGHT ACTUALLY HAVE A QUESTION YOU MIGHT BE ABLE TO ANSWER FOR ME. UM WHEN I FIRST READ THE DETAILS, AND THANKS FOR SENDING THEM OVER SO FAST I WAS PRETTY HAPPY TO SEE THAT THERE, YOU KNOW. PUSHING ALL THE DANGEROUS STUFF AWAY FROM ME TO THE OTHER PEOPLE. UM, ALTHOUGH IT TURNS OUT THOSE PEOPLE AREN'T HERE, SO I DON'T KNOW. IT DOESN'T SEEM LIKE THAT'S A SOLUTION TO JUST PUSH IT TO SOMEBODY ELSE'S PROBLEM, EITHER. BUT MY QUESTION WAS, THIS IS KIND OF A PROCEDURAL THING. YES THIS OR VARIATION OF BUSINESS VARIANTS GETS APPROVED. ARE ALL THE DETAILS THAT ARE IN HERE LIKE WALKED IN PLACE, BECAUSE THE FIRST LETTER I GOT JUST SAID, OH, THEY CAN GO CLOSER THAN THE 200 FT. IT DIDN'T SAY THAT. IT'S 200 FT ON THE EAST SIDE, DOES IT ALL THAT GET LOCKED IN. LIKE THEY'D HAVE TO COME. WHAT A YEAR FROM NOW OR FIVE YEARS FROM NOW, DID THEY CHANGE THEIR PLANS AND DECIDE? OH ACTUALLY, NOW THAT WE'VE GOT THIS VARIANCE THAT LETS US GET CLOSE TO THE EDGE, LET'S GO ON THE WESTERN EDGE. UM, THE EXACT WORDING OF THE VARIANCE IS FLUID. SO THEY WANTED. THIS SIDE . AND IF THE APPLE WE'RE HERE, WE COULD NAIL DOWN THAT YOU ONLY MEAN THIS LOT LINE ARE YOU ONLY NEED THIS LOT LINE FROM HERE TO HERE. AND WE'RE ALLOWED TO ASK FOR OR EVEN REQUIRE REASONABLE CONDITIONS. ON THE VARIANTS AND A VERY REASONABLE COMMISSION ON THIS ONE WOULD BE THE OTHER LOT LINES. DON'T GET THIS VARIANCE, RIGHT? YOU KNOW THAT WE'RE NOT IN THE BUSINESS OF GRANTING VARIANCES. THE BOARD HAS A STRONG DISLIKE FOR VARIANCES. UM AND. PUTTING CONDITIONS ON THEM IS PART FROM THE COURSE. OKAY? OKAY? OH MAN, AND SOME OF THE OTHER NON FEET AND INCHES. THANKS CAN WE PUT TOSSED INTO THE MIX AS AN INCENTIVE TO MAKE THAT CLEAR THAT THE VARIANTS WOULD BE MORE ACCEPTABLE? FOR EXAMPLE, IF THEY SAID, WELL ONLY STORE THE FOLLOWING THINGS IN THE VARIANT SIDE AND THESE THINGS THAT ARE MORE DANGEROUS OR WHATEVER ARE STORED IN THE AREA THAT WE DON'T EVEN NEED A VARIANCE FOR. THAT'S THE TYPE OF THING THAT CAN GO BACK AND FORTH . IT NEEDS THE APPLICANTS BUYING TO A CERTAIN EXTENT, BUT THEY HAVE A VESTED INTEREST IN GETTING A YES IF THEY CAN. YEAH JUST LIKE MY NEIGHBORS. I WOULD LOVE TO KNOW THE EXACT MATERIALS THAT THEY'RE PLANNING STORE. YEAH SEEING ONE ISN'T ENOUGH. I SAW. IN ADDITION TO THE WHERE THAT NONE OF US CAN PRONOUNCE CYCLO FIVE ZINE SOMETHING THAT THERE'S ALSO GIANT STORAGE SOFTWARE GAS IN BUT THAT ONE ACTUALLY DOESN'T SCARE ME. IT'S A VERY, VERY STRAIGHTFORWARD CHEMICAL TO DEAL WITH. THE OTHER ONES ARE POTENTIALLY CARCINOGENIC OR TOO FAR MORE TOXIC GASSES. WHAT'S IN EVERY OLD CAR BATTERY? NEVER MADE. SO I APPRECIATE YOU LOOKING INTO THE DETAILS. HMM. THANK YOU. OTHERS ON THIS. OKAY SO IN EARLIER CHATS WE WERE TALKING ABOUT DECEMBER IS NOT A GOOD MONTH. UM AND WE HAVE A PREFERENCE FOR JANUARY OR FEBRUARY FROM THE COMMISSION. MAKE IT JANUARY, YEAH. THAT'S GREAT. MY. THE STOCK RECORDS SOMEWHERE IN THE HEADLINE. THERE'S MY JOB. I MOVED TO

[01:00:17]

ACCEPT THESE GAPS, REPORTS AND RELATED DOCUMENTS INTO THE RECORDS FOR VARIANTS. 89 2023 DO I HEAR A MOTION SECOND ON THE MOTION FOR THE DOCUMENTS SECOND. PROBLEM AND LOOK AT ALSO INCLUDE THE HANDOUT THAT WERE GIVEN TONIGHT. A FURTHER DISCUSSION ON THE MOTION. ANY OTHER ROLE. MR KIRBY. MR WALLACE? YES MR SCHELL ? YES DOCUMENTS GO AHEAD. THE DOCUMENTS ARE ADMITTED INTO THE RECORD, INCLUDING THE WRITTEN TESTIMONY OF MR PAUL WEINBERGER. THANK YOU. I'M A TABLE VARIANTS 89 2023 TO OUR REGULARLY SCHEDULED JANUARY MEETING. SECOND. DISCUSSION ON ELECTION.

YOU CAN'T ROLL, PLEASE, MR. KIRBY MR. WALLACE MR. SCHELL MOTION PASSES. THERE ARE THREE BOATS TO TABLE THE APPLICATION UNTIL THE REGULARLY SCHEDULED MEETING IN JANUARY OF 2024. CAN WE, UH, SPECIFY WHAT THAT DATA IS THROUGH THIRD REPUBLIC RIGHT NOW. I'M SORRY. MARTIN JUST TO JUST TO BE REALLY CLEAR WITH HER AUDIENCE. MARTIN. IS THAT GONNA BE A WEDNESDAY IT WILL BE A WEDNESDAY BECAUSE OF THE HOLIDAYS. AND WHAT WAS THAT AGAIN? JANUARY 17TH. AND I WOULD REQUEST IT POSSIBLE TO SEND THE APPLICANT COPY OF THE MEETING MINUTES SO THAT THE QUESTIONS AND COMMENTS OF THE PUBLIC WILL BE READILY AVAILABLE TO THEM. THANK YOU. ANYTHING ELSE. WE GOT THIS ONE DONE. THE SPRINGS THE VARIANTS 104 2023 CALVERTON SQUARE CAN WE HEAR FROM STAFF PLACE? SURE. SO ART, UM HELPING OUT CHELSEA TONIGHT. SO THIS SUBDIVISION IS OWNED PUY DE SO IT'S ACTUALLY P D HAS A UNIQUE UM, UM, CLAUSE IN IT. IT SAYS THAT VARIANCES MAY REQUESTED OF THE PLANNING COMMISSION BUT HAVE TO BE APPROVED BY COUNCIL. SO IN THIS CASE, THE PLANNING COMMISSION IS REVIEWING AND MAKING A RECOMMENDATION FOR THESE VARIANCES TO CITY COUNCIL.

SO THE SUBJECT PROPERTY IS LOCATED AT THE RESERVE AT NEW ALBANY SUBDIVISION, AND THE HOUSE IS OUTLINED IN RED AT THE SOUTHWEST CORNER OF THE SUBDIVISION HERE. SO HERE'S TWO DIFFERENT SITE PLANS. THIS IS SHOWING THE EXISTING CONDITION ON THE LEFT AND THE PROPOSED CONDITION WITH A FEW MORE DETAILS ON THE RIGHT, SO THERE IS AN EXISTING PAVER PATIO ALONG THE BACK SIDE OF THE PROPERTY, AND THE APPLICANTS IS PROPOSING TO VARIANCES. THE FIRST IS TO LET THIS EXISTING PAPER PATIO. REMAIN AS IT IS, IT'S ALREADY BUILT AND HAS BEEN FOR SOME TIME AND THEN THE SECOND ONE. IF YOU LOOK AT THE RIGHTS, THIS IS SHOWING WHERE THEY'RE PROPOSING TO ADD A HOME ADDITION ONTO THE BACK THAT ENCROACHES 4 FT INTO THE REAR YARD AND CONSERVATION.

HE'S BEEN HERE ONLY OVER THE AREA WHERE THERE IS AN EXISTING PATIO. SO AGAIN, THE FIRST VARIANCES TO ALLOW THE EXISTING PAPER PATIO TO REMAIN IT ENCROACHES INTO THE CONSERVATION EASEMENT, WHICH IS SHOWN BY THIS LINE HERE BY 9 FT. SO THERE'S A 9 FT ENCROACHMENT THAT IT DOESN'T APPEAR SUBSTANTIAL. THIS IS A LONG STANDING ITEM, UM, BASED ON AERIAL PHOTOS, IT APPEARS THAT THIS PATIO WAS INSTALLED SOMETIME BETWEEN 1997 AND THE YEAR 2000. THEREFORE, THE SPECIAL CONDITIONS DO NOT RESULT FROM THE APPLICANTS. THE APPLICANT ACTUALLY JUST PURCHASED THE HOME OF THIS YEAR. UH AND ALLOWING IT TO REMAIN APPEARS TO MEET THE SPIRIT AND INTENT OF THE CONSERVATION EASEMENTS. IN THAT BY ALLOWING IT, IT WON'T HURT ANY TREES THAT THE CONSERVATION EASEMENT IS MEANT TO PROTECT. AND THEN THERE'S ALSO THE SECOND VARIANCE , WHICH IS TO ALLOW THE HOME EDITION. AND SO THIS ACTUALLY IS A VARIANCE TO CODE REQUIREMENTS.

SO THE FIRST ONE IS TO ALLOW THE HOME ADDITION TO BE BUILT WITHIN THE CONSERVATION AREA WHERE IT DOESN'T ALLOW FOR ANY STRUCTURES , THE BUILDINGS AND THE SECOND VARIANCE. IT'S OUR SECOND CODE IS REQUESTING A VARIANCE TO IS TO THE REAR YARD BUILDING SETBACK. SO ALL THE HOMES WITHIN THE SUBDIVISION HAVE A 30 FT REAR YARD SETBACK FOR BUILDINGS AND SO THIS HOME EDITION WOULD ENCROACH INTO THAT REAR YARD SETBACK BY APPROXIMATELY 4 FT. SO IT DOESN'T APPEAR SUBSTANTIAL SINCE IT IS A 4 FT ENCROACHMENT INTO THE 30 FT REAR YARD SETBACK , HOWEVER, THERE DOESN'T APPEAR

[01:05:05]

TO BE ANY SPECIAL CONDITIONS. AGAIN THIS 30 FT REAR YARD SETBACK IS TRUE ON ALL HOMES WITHIN THE SUBDIVISION, AND IT DOES APPEAR THAT IT CAN BE SOLVED BY SOME MANNER OTHER THAN THE VARIANTS BY REDUCING THE SIZE OF THE PATIO, AND SO HERE'S THE REAR OF THE HOME AS IT EXISTS TODAY, AND THIS IS SHOWING THAT SCREENED IN PORCH HOME EDITION. AND SO HERE'S THE SIDE VIEWS OF IT, PROJECTING FROM THE BACK OF THE HOUSE, SO THE SPIRIT AND INTENT OF THE CONSERVATION AREA IS TO PRESERVE TREES. HOWEVER THIS BUILDING IS GOING TO BE LOCATED WHERE THERE IS ALREADY THAT PAVER PATIO SO BY ALLOWING THIS HOME EDITION WILL NOT IMPACT ANY TREES.

HOWEVER THE BUILDING SETBACK THAT SPIRIT AND INTENT JUST TO ENSURE THAT THERE IS A MINIMUM REAR YARD ACROSS ALL THE HOMES WITHIN THE SUBDIVISION. AND SO THE THERE IS A APPROXIMATELY 3.5 FT BUILDABLE AREA BETWEEN THE BACK OF THE HOME AND THE CONSERVATION AREA AND THE 30 FT REWRITE SETBACK. AND SO IF YOU WERE TO LOOK AT THIS HOME EDITION OR THIS BUILDING EDITION HERE, SINCE IT'S A 4 FT ENCROACHMENT, AND THERE'S THREE AND A HAPPY TO BUILDABLE SPACE, IT WOULD CUT OFF APPROXIMATELY HALF OF THAT PROJECTION THAT'S COMING OFF OF THE REAR OF THE PROPERTY. SO NEITHER VARIANTS APPEARS TO ADVERSELY AFFECT THE HEALTH AND SAFETY OF NEIGHBORS OR ADVERSELY AFFECT THE GOVERNMENT SERVICES AND STAFF IS HAPPY TO ANSWER ANY QUESTIONS.

WOULD YOU BE SO KIND AS TO READ NO DEAF? THE CONSERVATION AREA. OH, SURE. THERE'S NO DOUBT. SO THE CONSERVATION AREA SAYS NO STRUCTURE OF BUILDINGS SHALL BE PLACED UPON IN OR UNDER AREAS DESIGNATED CONSERVATION AREA HERE IN AND AGAIN THAT IS THE AREA THAT IS HATCH DOWN HERE, SO THIS IS THE BOUNDARY OF THE CONSERVATION AREA, AND IT'S WITHIN THE REAR YARD THAT SAYS, NOR SHALL ANY WORK BE PERFORMED THERE ON WHICH WOULD ALTER THE NATURAL STATE OF SUCH AREAS OR DAMAGE ANY OF THE TREES OR VEGETATION THERE ON PROVIDED, HOWEVER, WHAT'S UP AHEAD, HOWEVER, ONE THAT THERE SHOULD BE SUCH A CONSTRUCTION FOR AREAS AS MAY BE REQUIRED FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF UTILITY AND DRAINAGE FACILITIES FOR THE DEVELOPMENT AS THE DEVELOPER MAY DEEM NECESSARY, UH, AND TO THAT WITHIN SUCH AREAS AND LOTS, 1011 , 18 AND 19 SUCH CONSTRUCTION AREAS SHALL BE REPLANTED AND RE VEGETATED WITH A MINIMUM OF 32 INCH TO FOUR INCH HARDWOOD TREES. SUCH MAINTENANCE WOULD THEN SAID CONSERVATION AREAS CONSERVATION AREA SHALL OCCUR ONLY AN EASEMENT AREAS DESIGNATED ON THIS PLANET UNLESS OTHERWISE IMPROVED BY THE VILLAGE OF NEW ALBANY ENGINEER AREAS. UM. DISTURBED BY SUCH MAINTENANCE SHALL BE RESTORED AS NEARLY AS PRACTICAL TO THEIR ORIGINAL CONDITION.

NOTWITHSTANDING THE FOREGOING TREES AND OTHER VEGETATION WHICH ARE DEAD OR DISEASED, MAYBE REMOVED THERE FROM THANK YOU. UM, I TRUST THERE'S NO ENGINEERING ON THIS. UM THIS IS ONE OF THE VERY FIRST PDS VILLAGE GOT WHEN JOSEPH AND I WILL PUT THIS IN AND IT WAS IT WAS HARD. WE FINALLY HAVE TO DEVELOPERS, AND WE COULD USE ALL THE BEST IDEAS OF ONE AGAINST THE OTHER. UM IT'S NOT JUST THE TREES. AS I SAID, IN THERE OR VEGETATION, THE UNDERSTORY WAS SUPPOSED TO STAY AS WELL. UM THERE HAVE BEEN PROBLEMS IN THIS WITH MANY OF THE HOMEOWNERS NOT KNOWING PERHAPS HOW STRICT THE LANGUAGE WAS AND MOWING THE GRASS OR MOWING EATING GRASS IN DESTROYING THE UNDERSTORY. UM. AND WE'VE BEEN HERE BEFORE ON THAT VERY SAME MATTER. WHERE.

THE H O. A. WAS IN THE ELECTION MADE YOUR HEAD IS INVOLVED. CAN I HEAR FROM THE APPLICANT ACTUALLY GOT AHEAD OF MYSELF. MY NAME IS BRENDA PARKER. UM I AM THE ARCHITECT FOR THE PROJECT.

UM THE APPLICANT SPOT THE HOUSE THIS PAST FALL, THERE WAS A WONDERFUL BRICK PATIO. IT'S A GREAT SPACE BECAUSE IT'S GOT THE TREE CANOPY ALONG THE BACK. THEY JUST ASSUMED SINCE THERE WAS A BRICK PATIO THAT THEY COULD GO AHEAD AND CONSTRUCT A SCREEN PORCH. THEY HAD A SUPREME COURT AT THEIR LAST HOUSE THAT THEY ASKED ABSOLUTELY LIVED IN ALL THE TIME, AND THEY WANTED TO BRING THAT COMPONENT INTO THIS NEW HOUSE THAT THEY HAVE. SO WE GOT THE SITE SURVEY SO WE COULD SEE YOU KNOW WHAT SETBACKS AND EASEMENTS WE WERE WORKING WITH? I DID THE FIRST PASS OF THE DESIGN. UM THAT WAS ZONING COMPLIANCE, STAYING OUT OF THE SETBACK IN THE CONSERVATION

[01:10:03]

AREA. WHAT'S NOT SHOWN IN THE SURVEY THAT IS KIND OF SHOWN ON THE SITE PLAN IS THE CHIMNEY FOR THE FIREPLACE IN THE GREAT ROOM TAKES US ABOUT 4 FT. OF THAT SCREEN PORCH SPACE, AND THERE'S ALSO ADORES COMING IN BOTH SIDES. UM SO IF YOU GO BACK TO THE ELEVATION PAGE, YOU CAN SEE SO THERE'S SEE THERE'S DOORS ON BOTH SIDES OF THEIRS, AND THERE'S NOT ONLY DOORS ON THE BACK THAT THERE'S DOORS ON EACH SIDE OF THOSE WINGS. SO THERE'S ALL THIS MOVEMENT COMING IN, AND THERE'S A GIANT CHIMNEY. SO WHEN I DID THE PLAN AND PUT SOME FURNITURE IN THERE IT REALLY WASN'T A USABLE SPACE. UM AND SO THAT'S WHY WE'RE ASKING TO ENCROACH. WE LOOKED AT THE MINIMAL AMOUNT THAT YOU KNOW THAT REALLY MADE THE SPACE FUNCTIONAL. AND IT WAS THAT 4 FT. IF THAT UNI WASN'T THERE, WE COULD WORK WITHIN THE FOOTPRINT AND HAVE A GREAT USABLE AREA, BUT THAT CHIMNEY EAT UP A LOT OF THAT. THE FOOTPRINT OF THAT SPACE. AND I DON'T YOU KNOW, I DON'T KNOW. WE DON'T TALK ABOUT, YOU KNOW, REASONS BEHIND WHY YOU COULD APPROVE OF VARIANTS FOR THIS SITUATION AND IT IS ALREADY HARDSCAPE. SO WE ARE NOT ADDING ANY LOT COVERAGE. WE'RE NOT ADDING ANY HARDSCAPE. WE'RE ADDING SOME ROUGH AREA, BUT IT'S NO DIFFERENT THAN KIND OF YOU KNOW THE WATER COMING OFF OF THAT BRICK PATIO. SO, UM. THAT'S THE DIFFERENCE BETWEEN A NEW BUILD WHERE WE'RE TAKING UP. GRASS YOU KNOW, OR YOU KNOW, VEGETATION AREA VERSUS THE SITUATION WHERE WE'RE IN WHERE WE'RE BUILDING OVER SOMETHING THAT'S ALREADY DEVELOPED. OKAY? DO YOU HAVE ANYTHING ELSE TO ADD? EXACTLY. YES, UM. HAVE YOU BEEN FOR YOUR HOU ON THIS? HAPPY WITH WHAT IS THERE A HOMEOWNERS ASSOCIATION OF THE RESERVE? YES. AND THEIR OPINION ON THIS IS I DON'T KNOW. WE HAVE NEVER HEARD. OKAY UM, I'M REALLY SORRY FOR THIS TO BE YOUR WELCOME TO NEW ALBANY AND FINDING OUT THE RULES THAT YOUR PRIOR HOMEOWNER DIDN'T FOLLOW. UM THE EIGHT UNLESS THEY'VE CHANGED A LOT. THE HOH KNOWS ABOUT THIS DISTRICT AND THE 30 FT AND HOW TIGHT THE RULES WERE WRITTEN FOR IT BECAUSE A LOT OF OUR INITIAL RESIDENTS DIDN'T GET THE MESSAGE, EITHER. AND I THINK WE HAVE A CASE HERE. I DON'T KNOW HOW LONG THE PEOPLE YOU BOUGHT THE HOUSE FROM HAVE OWNED THE HOUSE. WHO PUT IT IN, UM, BUT THERE HAVE BEEN CASES IN THE PAST. IN FACT, A FORMER MEMBER OF THIS BODY LIVES THERE. UM AND IT WAS REPRESENTING FOLKS. THESE WORDS. I DON'T KNOW IF IT'S IF HE STILL LIVES THERE. HE USED TO BE OKAY. COMMISSION. UM YEAH.

THE UNDERSTORY IS PROTECTED IN THAT WHICH MOST PEOPLE DON'T GET ONE OF THE PROBLEMS THAT THIS NEIGHBORHOOD HAS SURFACED THAT WE'VE BEEN FIXING IN OTHER NEIGHBORHOODS IS MARKING THE ZONE SO THAT PEOPLE WOULD KNOW WHEN THEIR BACKYARD ENDS AND THEIR CONSERVATION DISTRICT BEGINS. UM BECAUSE IT'S NOT. EASILY SEEING HERE, ESPECIALLY AS TIGHT AS YOUR HOUSES THAT TAKE TO THE TO THE THING. UM. SO ARE THERE ANY OTHER? THIS IS FOR STAFF. ARE THERE ANY OTHER VARIANCES OF THIS NATURE IN THE RESERVE? NO THIS IS THE FIRST VARIANTS FROM THE RESERVE THAT WE'RE AWARE OF, AND I DO HAVE ONE LETTER OF SUPPORT THAT WE RECEIVED THIS WEEK THAT I'M HAPPY TO GET TO THE PLANNING COMMISSION AS WELL FROM A NEIGHBOR. OH, OKAY? SO WE HAVE A NICE WORK. ITEM WONDERFUL NEIGHBORHOOD, UM, FROM FROM OUR POINT OF VIEW. WE THANK JOE FOR GIVING US AND IT'S SOMETHING THAT WOULD SHOW THEM. THE ALBANY COMPANY BEAT THIS. UM SUZY.

THANK YOU. THANK YOU. MR CHAIR. WE DO HAVE ONE SPEAKER CARD AS WELL. YES, PLEASE, UM, WOULD LIKE ME TO CALL THE NAME SEAN MILETIC. GOOD EVENING. THANKS FOR TAKING THE TIME. THANKS FOR THE NOTIFICATION, UM, SIGNIFICANTLY LESS CONCERNED SEEING THE PLANS ON THE ON THE CHART. THERE IS A SEPARATE PATIO THAT'S WELL INTO THE CONSERVATION LAND ARE ON FIRE PIT. UM THAT WE WERE CONCERNED WAS THE TOPIC IN THE LOCATION OF THE ADDITIONAL SCREENED OUT PORCH, UM, SIGNIFICANTLY LESS CONCERNED SEEING THIS WITH THAT SAID THE ONLY CALL OUT I WOULD MAKE OBVIOUSLY, THE PRECEDENT SETTING, UM WE OBVIOUSLY PURCHASED PROPERTIES, AS DID MANY OF OUR NEIGHBORS WITH THE INTRINSIC VALUE OF CONSERVATION LAND THAT WAS NOT TO BE

[01:15:04]

INFRINGED UPON. SO STRONG CONCERNS ONE PROJECT, I THINK, UM, MAYBE FINE. I THINK THE CONCERN IS WHAT DOES THIS OPEN UP? AS YOU KNOW, AND I THINK AS YOU SPOKE TO, WE'VE SEEN NUMEROUS OCCASIONS WHERE PEOPLE ARE COMING TO THIS BODY AFTER THE FACT VERY APPRECIATE THIS TEAM COMING BEFORE THE FACT AS NEIGHBORS WE REALLY DO APPRECIATE THAT. AND YOU KNOW, AS I SAID, NOT MAJOR CONCERNS WITH WHAT WE'RE LOOKING AT, BUT OBVIOUSLY ASKED THE BOARD TO CONTINUE TO CONSIDER THE PRESIDENT YOU'RE SETTING. THANK YOU. THANK YOU. OTHER QUESTIONS, COMMENTS. YOU KNOW, THE PROBLEM HERE IS THAT YOU'RE PRIOR HOMEOWNERS. PEOPLE OWNED IT BEFORE YOU THEY DIDN'T DO THE RIGHT THING. THEY DIDN'T THEY DIDN'T ASK FOR A PERMIT AND IF THEY HAD, THEY WOULD HAVE BEEN TOLD THAT THEIR PATIO WAS TOO BIG AND THEY COULDN'T BE THAT BIG. SO PHOTOGRAPHS THAT YEAH, SO IF THEY HADN'T IF THEY HAD DONE IT RIGHT YOU WOULD HAVE A SMALLER PATIO AND WE PROBABLY WOULDN'T BE HERE. BUT YOU HAVE A BIGGER PATIO BECAUSE THEY DIDN'T DO IT RIGHT AND THAT BIGGER PATIO. NOW YOU WANT TO CLOSE IT. AND I THINK FROM MY PERSPECTIVE, ONE OF THE IMPORTANT FACTORS TO THINK TO CONSIDER IS ONE OF THE PURPOSES OF THE SETBACKS, AND ONE OF THE PURPOSES OF STATE MENTIONED EARLIER IS SO THERE'S A UNIFORM. OH LINE IN THE BACKYARDS OF EVERYBODY. AS PEOPLE LOOK DOWN, IT'S ALL UNIFORM. YOU DON'T HAVE THINGS STICKING OUT AND LOOKING DIFFERENT AND YOU HAVE THE CONSERVATION AREA. PER SCENE, SO THAT THAT ASPECT OF THE OF THE DEVELOPMENT HAS RETAINED SO. WE'VE SEEN MULTIPLE SITUATIONS WHERE CURRENT HOMEOWNERS COME INTO THE COMMISSION ASKING FOR VARIANTS THAT THEY DIDN'T CAUSE.

BUT THE PRIOR RUNNER CAUSED UNFORTUNATELY, YOU STEPPED INTO THEIR SHOES TO SO MUCH STUFF. SO BUT HAVING SAID THAT, UM IT'S A TOUGH SITUATION. GO COURSE COME TO MY GIVEN NAME AND CONTENT.

RIGHT LIKE IN THE PUBLIC RECORD. YEAH. MY NAME IS STAFF HERE IN SUZANNE, MY WIFE. WE HAVE BEEN A NEW ALBANY FOR 25 YEARS AND SERVED ON THE COMMUNITY COMMUNITY COMMITTEE AND OUR IN OUR CONTROLLING AREAS, SO WE UNDERSTAND ASSOCIATION. SO UH, WE UNDERSTAND RESPECT, RULES.

UH, SO WE WON'T FOLLOW DUE PROCESS. CERTAINLY WE DID. WE MOVED INTO A HOUSE SEPTEMBER 1ST REMOVE 1.5 MILES. IT'S SAME, LIKE RATHER NOT DO IT AGAIN, SIR, BUT, UH WE SAW THE SPACE AND I YOU DON'T HAVE TO SEE WHAT'S IN THIS PICTURE. BUT YOU CAN SEE WHY WE BUT THIS THE PATIOS AT THE BOTTOM BUT OUR HOUSE AND OUR BACKYARD AND NOT SHE, THE NEIGHBORS ON EITHER SIDE. OR BEHIND. IT'S TOTALLY GREEN. MY WIFE GREW UP IN THE ALPS. I GREW UP IN THE ADIRONDACKS. YEAH AND WOODS AND FRESH AIR AND IMPORTANT TO US, AND WE HAD A BIG PORCH ON THE HOUSE. OTHER HOUSE IN NEW ALBANY . WE LIVE IN THAT 10 MONTHS A YEAR JUST TO SCREEN ENCOURAGE.

AND SO THIS IS A PORCH THAT HAS NO NO H V H C DOESN'T HAVE WATER , BUT IT INTEGRATES IN WITH THE ARCHITECTURE. SO WE'RE NOT MOVING ANYTHING. IT'S ALL CONTAINED WITHIN THE PATIO, BUT NOT THE ENTIRE PATIO. WE'RE NOT MODIFYING ANY OF THE YARD. ANY OF THE WOODS OR ANY OF OUR LANDSCAPING AT ALL. SO, UM I JUST WANT TO POINT OUT THAT WE APPRECIATE WHAT YOU DO AND YOU'RE MAINTAINING BUT I THINK IS A BEAUTY IN NEW ALBANY. AND WE APPRECIATE THAT VERY MUCH. SO THANK YOU, MR PERRY. I THINK A COUPLE OF THINGS. THE POINT OF THE SHOW IS, I THINK PRETTY IMPORTANT BECAUSE MY GUESS IS IF YOU WOULD HAVE PRESENTED TO THE H O A MOST LIKELY THEY WOULD HAVE SAID I CAN'T SPEAK FOR THEM. BUT MY HUNCH IS THEY PROBABLY SAID NO. AND YOU PROBABLY WOULDN'T EVEN BE HERE. THAT'S KIND OF YOU. THAT'S YOUR FIRST ROLE IN MOST NEIGHBORHOODS . YOU HAVE TO GO TO THE TO GET APPROVAL, AND THEN IF THEY GET APPROVAL, THEN WE WOULD HEAR THE VARIOUS. THAT FIRST STEP DIDN'T HAPPEN SO THAT EVEN MAKES IT MORE DIFFICULT FOR US. SECONDLY I MEAN, I SEE YOUR POINT YOU'RE SCREENED IN WITH WITH THE LANDSCAPE IN THE TREES. BUT WHEN WE START MAKING THESE VARIANCES ONCE WE SAY YES. WE'RE JUST OPENING THE FLOODGATES FOR

[01:20:03]

ANYBODY ELSE THAT WANTS TO COME TO US. WE HAVE VERY LITTLE FOOTING. YEAH SO IT MAKES IT VERY DIFFICULT TO SAY YES, ESPECIALLY BEING THE FIRST VARIANCE IN A NEIGHBORHOOD LIKE THIS WHEN THE INTENT OF THE DEVELOPER WAS TO PRESERVE THIS WHOLE BACK AREA THAT WAS VERY IMPORTANT TO THE ORIGINAL DEVELOPER HERSELF. I'M NOT SPEAKING FOR YOUR MEMBERS, BUT I THINK YOU'RE A REAL HAVE AN UPHILL BATTLE ON THIS ONE. ANYONE ELSE FROM THE PUBLIC KEVIN QUESTIONS OR COMMENTS. IF ANY. I MOVED TO ACCEPT THE STAFF REPORTS AND RELATED DOCUMENTS, INCLUDING THE ILLUSTRATION. WE WERE JUST GIVEN, UM INTO THE RECORD FOR VARIANCE ONE OF FOUR SECOND. DISCUSSION, THE DOCUMENTS MOTION. OH, PLEASE, MR KIRBY. YES YES, MR SCHELL.

MOTION PASSES. THERE ARE THREE VOTES TO ADMIT THE DOCUMENT. I MOVE FOR APPROVAL VARIANTS 104 2023 BASED ON THE FINDINGS AND THE STAFF REPORT. HMM I DON'T THINK THERE'S ANY CONDITIONS.

THERE'S NOT JUST A POINT OF CLARIFICATION, SO THERE ARE TWO THERE'S TWO ASPECTS TO THE TO THE VARIANCE REQUEST, AND ONE OF THE ONE OF THE VARIANCES HAS TWO ASPECTS TO THEM. I'M WONDERING IF WE SHOULD VOTE ON THEM SEPARATELY IF WE SHOULD MOVE THEM SOMEWHERE ABOUT IDEA, UM.

ACTUALLY, I'M GONNA ASK THE APPLICANT WOULD YOU MIND IF WE VOTED ON THE TWO PARTS OF YOUR VARIANT TEST SEPARATE MOTIONS. OKAY? I'M. THEN I'M CONCERNED THAT. YES BOTH ASPECTS OF VARIANTS ARE NOT GRANTED IF THAT WAS TO HAPPEN. THEN. AM I RIGHT? THE PATIO WOULD HAVE TO BE REMOVED. THAT'S CORRECT. SO SINCE THE PATIO IS EXISTING, THE FIRST VARIANCES TO ALLOW THE PATIO TO REMAIN AS CONSTRUCTED AND SO AS PART OF THIS VARIANCE SINCE IT IS WELL, I GUESS, SINCE IT'S A NONCONFORMITY, THE ONLY WAY TO SOLVE THAT IS EITHER TO DECONSTRUCT IT OR HAVE A VARIANCE APPROVED. SO BY APPROVING THAT VARIANCE TONIGHT TO ALLOW IT TO REMAIN, THEY WOULDN'T HAVE TO DECONSTRUCT THAT PATIO PORTION THAT'S WITHIN THE CONSERVATION AREA. WHAT WOULD HAVE HAPPENED IF THEY HADN'T ASKED FOR VARIANTS FOR THE PATIO? THEY JUST ASKED FOR A VARIANCE TO PUT THE STRUCTURE. SO THAT'S ACTUALLY HOW THIS STARTED. SO THE VARIANCE WAS JUST TOO FOR THE STRUCTURE AS PART OF OUR DUE DILIGENCE AND REVIEW, WE WALKED INTO THAT EXISTING PATIO RECOGNIZING THAT WAS IN THE CONSERVATION AREA UPON A RECORDS SEARCH. UM AND WE WENT ALL THE WAY BACK FROM THE ORIGINAL HOME PERMITS. WE COULDN'T FIND ANY PERMITTING RECORD OF THAT PATIO IN THE CONSERVATION AREA. THAT IS RICH. THANK YOU. ALL RIGHT, SO LET ME HOLD OFF ON MY MOTION LAWN STEERING IT LET'S GO. TH PART ACCEPTED MONEY. I THOUGHT THE A PART WAS THE SCREEN PORCH. IT WAS KIND OF YOU MENTIONED THAT THE FIRST VARIANT STEVE WAS THE PATIO, BUT I THINK THE WAY THEY'RE ENUMERATED AS SORT OF THE OTHER WAY YOU ARE CORRECT, SIR. I DID SWITCH THOSE ON YOU. ALL RIGHT? SO I THINK WE SHOULD, UM WE SHOULD MOVE FOR APPROVAL OF THE B SECTION OF THE WELL, I GUESS IT DOESN'T MATTER. IT'S NOT LOGICALLY YOU MIGHT GO FOR PATIO FIRST. YES SO THE SCREEN PORCH EDITION WOULD INTRUDE BY FORCE FEET IN THE PATIO GOES BEYOND THAT. ANOTHER FIVE TO INTRUDE A TOTAL OF NINE CORRECT.

I WOULD THROW MY MOTION. DO I HEAR A MOTION ON THE A PART OR THE DEPARTMENT? ARE YOU SAYING THAT BE PART IS THE EXISTING PATIO? YEAH THE PART AS AS AS I'M READING IT, SAYS EXIT OPEN PAPER PATIO TO ENCROACH. 9 FT. LET ME CHECK WITH STAFF. MAKE SURE WE GOT THIS RIGHT. THAT'S THE EXISTING PATIO. YES, VARIANTS BEING THE STAFF REPORT CORRECT EXISTING AND THE VARIANCE OF WEILL'S THE PATIO TO REMAIN AS CURRENTLY BUILT, EVEN THOUGH IT DOES NOT ME CODY REQUIREMENTS. CORRECT REQUIREMENTS. OKAY WELL, LET'S HEAR THAT ONE FIRST. LET'S DO THAT ONE. OKAY I'LL MOVED FOR AND CERTAINLY THIS BACK IT GETS EVEN MORE COMPLICATED WERE SIMPLY PUT. WE'RE SIMPLY MAKING A RECOMMENDATION ACCOUNTS. BUT I THOUGHT I HEARD YOU SAY EARLIER.

[01:25:01]

THAT IS CORRECT AS WELL. SO WE CAN JUST KICK THE CANDLE. THANKS . IF YOU IF WE WOULD VOTE THE IF WE WOULD VOTE IT DOWN. DOES. COUNCIL. HAVE THE OPPORTUNITY TO REVERSE OUR SO THEY COULD GO EITHER WAY. THAT IS TRUE. ANY TIME PLANNING COMMISSION MAKES THE RECOMMENDATION THAT IS JUST THAT THEY NEED A SUPERMAJORITY STILL IN THE DECADE RESCINDED IN A RULES REWRITE SOME YEARS AGO.

I DO NOT BELIEVE IT'S A SUPER MAJORITY BELIEVE IT'S JUST A MAJORITY VOTE BY COUNCIL JUST LIKE THE MUSICIAN. ONE OF THE REASONS WHY I WANT TO BRING IT UP, AND THEN IT USED TO BE NEVER AWARE OF THAT. ALL RIGHT WITH THAT PREAMBLE, ACTUALLY. IS THAT SOMETHING YOU CAN QUICKLY CHECK OR IS THAT. CERTAINLY BECAUSE I IT WOULD BE A RUDE SHOCK TO COUNSEL FOR SOMEONE SAY YOU DON'T HAVE ENOUGH OF A MAJORITY TO OVERRULE THE COMMISSION. HMM. HMM. THAT DOESN'T SEEM LIKE IT WOULD MAKE SENSE USED TO BE THE WAY IT WORKED. YOU KNOW, THIS IS GOING ON MY THIRD DECADE ON THIS PANEL QUESTIONING. I'M JUST TELLING YOU, IT DOESN'T SEEM TO MAKE SENSE THAT THE COUNCIL WOULDN'T HAVE THE FIGHTS PRETTY SURE IT WENT AWAY YEARS AGO, BUT BUT IT MAKE A DIFFERENCE IN THE H O. A TWO GET THEIR SUPPORT AND THEN GET HIM BACK HERE. WELL MY THOUGHT, HMM. I HAVE NOT. MUST THINK MORE. THERE ARE RIGHT YOU HAVE TWO SHOTS AT IT, YOU HAVE THE SHOT HERE AND THEN YOU HAVE JUST SHOT AT COUNCIL, WHICH REALLY COUNTS. IT'S WHICH. YEAH FRANKLY, UM, YEAH, WE'RE JUST ADVISORY AT THIS POINT. SO IF YOU IF YOU GO DOWN IN FLAMES TONIGHT, YOU CAN GO TO THE YOU CAN GO TO THE AGE OF WAY TO GET THEIR APPROVAL AND MAKE MAKE A STRONGER CASE OF THAT'S THE RIGHT CHARACTERIZATION WHEN YOU GO TO COUNCIL UM, YOU COULD ALSO TABLE IT AND THERE'S TWO MEMBERS MISSING SO SOMETIMES FIVE VOTES. THREE DIFFERENTLY. YEAH. I MEAN, IT ONLY TAKES ONE VOTE TONIGHT AND NOT JUST TAKES A MAJORITY OF THE QUORUM. RIGHT? RIGHT, RIGHT. TONIGHT. RIGHT SO ONE VOTE WOULD KNOCK IT OUT. NO ONE NO VOTE PASSES IT. TWO YEARS AND ONE NOTE PASSING. OKAY ALRIGHT.

WE'RE SAYING THE SAME THING. IT USED TO BE. IT TOOK A MAJORITY OF THE BOARD. BUT I THINK WE'RE SAYING THE SAME THING. PROBABLY THAT SAME. I'M GOING TO ASK YOU. I'M GONNA ASK A DIFFERENT QUESTION WAS THAT CAN THEY TABLE THIS UNTIL THEY GO AND TALK TO THE RACHEL AND THEN COME BACK BEFORE YOU RULE ON THIS TONIGHT? IF WE HAVE, AND THEN THEY MIGHT HAVE ADDITIONAL EVIDENCE THAT'S POSITIVE IN THEIR FAVOR WHEN YOU MAKE YOUR RUIN IMPACT. UM I DON'T THINK WE'RE REALLY IN A POSITION TO TELL YOU WATER WOULDN'T PERSONALLY I HAVEN'T HEARD THE EVIDENCE AND YOU DON'T HAVE IT YET. I DON'T SO IT WOULD BE UNFAIR OF US TO SORT OF SAY HOW WE WOULD VOTE. IF THAT HAPPENED. IT WAS A LEADING QUESTION, MOSTLY BECAUSE I WOULD HAVE BEEN ASTOUNDED. HAD THE HOTS SAID YES. BECAUSE THE H ONE HAS BEEN HERE BEFORE. AND HAD TO POLICE THEIR OWN NEIGHBORS ABOUT YOU'RE NOT ALLOWED TO PLANT GRASS BACK THERE. UM THAT FROM LOOKING AT THIS DIAGRAM A LOT OF THE GRASS. YOU'RE CURRENTLY MINDS NOT SUPPOSED TO BE MODE. COME AND SO THERE'S A LOT OF THAT RIGHT AROUND THE BACK OF A LOT OF THE HOUSES IN THE RESERVE FROM THAT PEOPLE WEREN'T DIDN'T GET THE WORD THAT YOU'RE NOT EVEN SUPPOSED TO KNOW IT. THAT'S WHY I HAD NOTE. F GET READ OUT, UM, IN ALBANY COMPANY LOOKED AT THAT LANGUAGE. THEY WOULDN'T USE THAT EXACT LANGUAGE. THEY WOULD HATE MAKE IT FAR WEAKER FOR YEARS. THEN THIS WAS THIS WAS THE TIGHTEST CONSERVATION LANGUAGE WE HAD FOR A LONG TIME. YES, BECAUSE THEY HAVE TO HELP THEM. SO FAR THE SPACE. OKAY WELL, THEY'VE GOT PERMISSION TO GET WITHIN 5 FT UP FRONT, AND SOME OF THEM ARE REAL CLOSE. UM THEIR EUROPEAN VILLAGE. THING YOU WANTED TO DO PULLED IT OFF, BUT IT PUTS THEM REALLY BIG HOUSES IN RELATIVELY SMALL FOOTPRINTS. THAT WAY, YEAH. SO THERE'S NO WAY FOR US TO GUARANTEE WHAT WOULD HAPPEN IF YOU WENT TO THE H O IN TERMS OF WHAT THEY WOULD DO, AND THERE'S NO GUARANTEE FOR US TO GIVE YOU IN TERMS OF EVEN IF THEY GIVE YOU POSITIVE WHAT WE WOULD DO.

BUT YOU DO HAVE THE OPTION OF TRYING THAT PATH FIRST AND COMING BACK ON ANOTHER DAY WITH

[01:30:06]

UH, TO THEIR POINT WITH POSSIBLY ALSO ADDITIONAL MEMBERS HERE, OR YOU CAN GO FORWARD WITH THE VOTE THIS EVENING. BEAUTIFUL. THE FOUR. SEPARATELY FROM AND NOT APPROVED AFTERNOON. DO YOU MEAN AND NOT VOTE ON? IS THAT WHAT YOU MEAN VOTE ON ONE ISSUE AND NOT THE OTHER. I THINK THAT THE OTHER SEPARATING THEM THEY'RE GONNA FOLD ON THIS STREET WORKING. WHAT'S THE OTHER WAY THEY WERE GOING TO VOTE ON THE PATIO FIRST. AND THEN THE FIRST QUESTION WILL BE. CAN YOU KEEP THE PATIO? AND THEN THE SECOND QUESTION WILL BE OKAY? IF YOU COULD KEEP THE PATIO. THEN. DO YOU GET A COVER? THOSE WOULD BE THE TWO QUESTIONS. IN THE VERNACULAR. YOU'RE ASKING VARIANTS TO THE REQUIREMENTS OF THIS AND THE DISTANCES AND ALL THIS STUFF, BUT I WOULD PREFER TO HEAR THEM IN THAT ORDER BECAUSE IF THE FIRST ONE DOESN'T PASS, THE SECOND ONE IS REALLY UNLIKELY THAT AND THE FIRST ONE IS FAR MORE MERCIFUL TO YOU BECAUSE IT WASN'T YOUR DOING TO DEAL WITH IN THE SECOND ONE IS TEAM SCREEN COURT TAKEOFF ITALIA THAT WOULD KIND OF BE FORGIVING SOME OF THE CONSERVATION AREA. FOR THE. THAT WOULD BE SOMETHING YOU'D HAVE TO PROBABLY TABLE TONIGHT. PLEASE CHECK WITH THAT RIGHT HERE. YOU SAYING IT AND PART OF WHAT'S THE CHECK WITH YOUR CLIENT AND MAKE SURE THAT YOU'RE GOOD WITH THAT? BECAUSE I THOUGHT I HEARD YOU SAY EARLIER THAT SHORTENING OF SHORTENING IT UP. DOESN'T GIVE YOU ENOUGH ROOM TO DO WHAT YOU WANTED. MHM.

SPECT PATIO BACK TO THE SITE. MR CHAIR. WE ASK THE APPLICANT TO COME TO THE MICROPHONE FOR THE RECORDING. SO I'M ASKING ON BEHALF OF OUR CLERK OVER HERE. YOU FORGOT THE ARTS AREA. THAT'S THE BRICK PATIO THAT REMAINS AFTER WE INSTRUCT THE SCREEN COURSE. SO MAYBE IN THE POPULAR MIND, YOU COULD SAY OKAY. ALL THAT AREA BACK TO THE CONSERVATION. AREA RETURN IT TO THE ACCUSATION IF WE CAN HAVE SUPPORT BECAUSE WE IT'S A IMPRESSION COULD NEGOTIATIONS. I DO THINK THE FIRST STEP IS THE H O A. THEY WOULD BE THE FIRST DETERMINING FACTOR IF YOU COULD DO EITHER. AND THEN IF YOU WANTED TO COME BACK HERE WILL BE HAPPY TO HEAR IT ANOTHER EVENING. WE DON'T LIKE TO BE DIFFICULT WERE OLD AND WE ALL KNOW MANY RESIDENTS, AND WE LIKE TO SAY YES, WHEN WE CAN. IT'S JUST WE AS MR PERRY SAID, WE DO HAVE A JOB TO DO, YOU KNOW TO YEAH. H AWAY FROM MISSIONS, PROBABLY. I DON'T KNOW EITHER WAY, AS WELL ENOUGH TO DON'T LEAVE HIM WITH ONE, BUT I BELIEVE THEY HAVE VETO POWERS AND STUFF LIKE THIS. FOR THOSE OF YOU WHO DO LIVE IN PLACES WITH A CHOICE. DO THEY HAVE TO PRIORITIZE STUFF LIKE THIS? I KNOW WHAT YOU MEAN. EVEN IF WE APPROVED IT, THE ELECTED STILL COME IN AND TELL, YOU KNOW, EVEN IF WE DID APPROVE IT, I A OKAY. COME BACK HERE. YEAH, BECAUSE THEY SAY NO, WE CAN'T OVERRULE THEM AND EITHER, SO THEY HAVE SEPARATE JURISDICTION, RIGHT? YEAH, EVERYBODY, YOU LITERALLY YOU LITERALLY NEED THEM AND US FOR THEM AND COUNCIL. YES NO, NO , NO H O A APPROVAL BECAUSE THEY CAN SUE YOU INTO OBLIVION AND YOU NEED COUNCIL'S APPROVAL TO GET THE VARIANTS THROUGH JUST A MIDDLE MAN IN THE MIDDLE OF THIS. OKAY YOU REALLY NEED YEAH. YOU NEED TO REACH AWAY AND COUNCIL. YOU DON'T WANT TO BE IN A POSITION WHERE YOU END UP GETTING A VARIANCE, BUT THE ASCENSION DOES WITH CARE. IT'S AGAINST THE RULES WHICH ARE EMBEDDED INTO YOUR DEED, WHICH THEY CAN, ESPECIALLY ONCE YOU START BUILDING IT BECAUSE YOU DON'T WANT THAT AGAIN. RIGHT OVER, OKAY? EVEN NOW, HOW MUCH TIME DO YOU THINK YOU'LL NEED? I DON'T KNOW WHAT IT TAKES. SO I DON'T KNOW HOW IT WORKS. DO YOU WANT THE DECEMBER MEETING OF THE JANUARY MEETING? FOR US. WE SUCK. CONTINUE LONGER. OKAY? HE SAID. WELL LOOK AT FIRST. DECEMBER AND THEN WE HAVE TO TAKE IT, OKAY? YEAH WHAT DAY IS OUR DECEMBER MEETING? HMM TWO MONDAY, DECEMBER 18TH, OKAY? I

[01:35:02]

WOULD RECOMMEND MOVING INTO JANUARY GETTING ANYWHERE BY DECEMBER. 18TH. IT SOUNDS LIKE THE APPLICANT IS NOT AVAILABLE THAT DAY. OH BECAUSE THEY'RE LIKE, OH, YEAH. OKAY CONGRATULATIONS. HE PROPOSED. UH WHAT? FANTASTIC I LIKE YOUR STYLE. GLAD HE DIDN'T PROPOSE ON THE PORCH. YES. YEAH. THE LAST YEAR WORSE THAN SUZANNE. OKAY ALL RIGHT. AND IN PARTICULAR, THIS 17 LIKE HAVE ALTERNATE PLANS ALREADY THAT SAY, OKAY. SMALLER AMOUNTS. JUGGLE IT THIS WAY RETURNING RETURNING, THE ENCROACHED EASEMENT GOES, GIVES YOU A LOT OF BARGAINING POWER.

CREATIVE IDEA THAT YES, HOHN MIGHT LISTEN AS WELL. OKAY? SO YOU GET FOR THE JANUARY 17TH MEETING. OKAY ALRIGHT. PERFECT YEAH. THANK YOU ANYTHING ELSE BEFORE WE HAVE A MOTION? UM AND SO WE DON'T NEED THE TWO THIRDS OVERRIDE QUITE YET, OR WHATEVER IT WAS. IT'S GOOD BECAUSE I COULDN'T FIND IT IN THERE ANYWAY, SO OKAY. GOOD. I'M PRETTY SURE IT WENT AWAY WHEN COUNCIL DID WITH DID AWAY WITH, FOR EXAMPLE, THE BOARD'S REQUIRING A MAJORITY OF THE BOARD INSTEAD OF THE MAJORITY OF THE QUORUM? YES SEEMS TO BE A MAJORITY OF THE BOARD THERE.

YEAH THAT ONE I AM FAMILIAR WITH, BECAUSE, UM THE BARGAINING POWER OF A SINGLE INDIVIDUAL IN THE THREE PERSON MEETING IS HUGE. I WILL BE TABLE VARIANTS ONE OF 4 28 23 TO OUR REGULARLY SCHEDULED MEETING ON JANUARY. THE 17TH. SECOND. THAT'S THE WEDNESDAY NOT MONDAY. THAT WAS ME AND DISCUSSION OF THE MOTION TO TABLE. THE ROLE, PLEASE. MR KIRBY? YES, MR SCHELL? YES MR WALLACE PASSES, THERE ARE THREE VOTES TO TABLE THE APPLICATION TO THE REGULARLY SCHEDULED MEETING ON JANUARY. THE 17TH 2024. THANK YOU. THANK YOU. WITH EACH OTHER. BITTEN. BRINGS US THE CONDITIONAL USE 105 WEST CAMPUS ROAD. CORNERSTONE UM, YEAH, THAT'S A GREAT IDEA BEFORE WE DO THAT HAPPY ANNIVERSARY. YES VERY MUCH. UH, LET'S TAKE A 10 MINUTE BREAK. THANK YOU. SO FAR. EVERYBODY'S KILLING. YEAH DAISY. I THINK I'M GONNA.

[01:43:46]

GET BACK TO THE VILLAGERS. BUSINESS YEAH, YOU CAN TELL HOW LONG I'VE BEEN HERE BECAUSE I KEEP CALLING IT A VILLAGE. OH, WE'RE BACK. CONDITIONAL USE 105 CAME HERE FROM STAFF, PLEASE.

THANK YOU. CHAIR. THIS REQUEST IS FOR CONDITIONALLY USED TO ALLOW A SECONDARY SCHOOL ON 23 ACRES CONSISTING OF BOTH DEVELOPED AND UNDEVELOPED PROPERTIES ZONED OFFICE CAMPUS DISTRICT IN MARCH OF 22 THE QUARTER STONE ACADEMY RECEIVED CONDITIONAL USE APPROVAL TO OPERATE THEIR SECONDARY SCHOOL. THANK YOU. MM. AT THE EXISTING SEVEN ACRES SITE THAT CONTAINS THE 50,000 SQUARE FOOT COMMERCIAL OFFICE BUILDING. THIS BUILDING WAS FORMALLY KNOWN AS THE NAKATA ONE BUILDING AND CORNERSTONE LEASES THIS BUILDING IT IS HIGHLIGHTED ON THIS SCREEN WITH THE YELLOW DASH LINES. THE USE OF THE BUILDING HAS PROVEN TO BE A GREAT FIT FOR THIS SCHOOL AND CORNERSTONE HAS DECIDED THEY WOULD LIKE TO REMAIN ON THE SITE PERMANENTLY.

[01:45:07]

AND RATHER THAN DEVELOPING THIS SITE THEY CURRENTLY OWN OFFSITE CORNERSTONE SEEKS TO PURCHASE THE SURROUNDING PROPERTIES AND EXPAND ITS CAMPUS TO EXISTING SCHOOL LOCATION. THE CURRENT CONDITIONAL USE ALLOWS AND ADDITIONAL SECONDARY SCHOOL WITH AN EXISTING 68,000 SQUARE FOOT OFFICE BUILDING. I'M ANOTHER SEVEN ACRES, AND IT IS COMMERCIALLY ZONED PROPERTY KNOWN AS NICO, TOO. THIS IS SHOWN ON THE SCREEN WITH THE BLUE AND RED DASHES JUST TO THE SOUTH OF THE EXISTING SCHOOL. BE PREVIOUSLY APPROVED. SECONDARY SCHOOL BUILDING WOULD CONTINUE AS GREAT STICKS THROUGH EIGHT AND THEN THIS EXPANSION WOULD CONTAIN GRADES NINE THROUGH 12.

THE CONDITIONAL USE ALSO ALLOWS THE DEVELOPMENT OF THE UNIMPROVED PARCEL. TO THE EAST OF THE EXISTING SCHOOL FOR ACCESSORY USES IN THAT WOULD SUPPORT THE SCHOOL. IMMEDIATE PLANS CALL FOR TWO ATHLETIC FIELDS AND CONCESSION STANDS. WE LOCATED ON THAT LAND, WHICH IS 13 ACRES, AND, UM, THAT NEWS DOES A DEAL ON THIS SCREEN AS THE RED DASHED LINE. THESE FIELDS AND CONCESSION STANDS ARE LOCATED IMMEDIATELY NEXT TO A SMALLER ONE ACRE LOT HERE ON THE SCREEN, AND THAT CONTAINS AN EXISTING PARKING LOT, WHICH WOULD SERVE AS THE ATHLETIC FIELDS, PARKING AND ALSO IS DESIGNATED BY THE RED DASH LINES. CODE REQUIRES 84 PARKING SPACES FOR THE NEW SCHOOL. THE APPLICANT IS EXCEEDING THIS REQUIREMENT AS THERE ARE APPROXIMATELY 505 PARKING SPACES ON SITE. CODE ALSO REQUIRES AT LEAST 40 PARKING SPACES FOR THE TWO ATHLETIC FIELDS. THE PARKING LOT DESIGNATED ON THIS CIRCULATION PLAN AS BEING FOR THE ATHLETIC FIELDS APPEARS TO HAVE APPROXIMATELY 62 PARKING SPACES. IT ALSO APPEARS AS THOUGH THE OVERFLOW PARKING FOR THE ATHLETIC FIELDS COULD BE ACCOMMODATED. AH, ON THE OTHER TWO SITES THAT CONTAIN THE SCHOOL BUILDINGS AS BOTH OF THOSE PARKING LOT SUCCEED THE PARKING REQUIREMENTS CITIES DOCTOR RECOMMENDS THE APPLICANT CLARIFY THEIR INTENTS FOR THE FIELD PARKING THIS EVENING, AND PARKING WILL BE ADDRESSED IN MUST MEET CODE REQUIREMENTS AT THE TIME OF PERMITTING FOR THE ATHLETIC FIELDS AND CONCESSION STANDS. OVERALL THE PROPOSAL IS CONSISTENT WITH THE CODE REQUIREMENTS FOR CONDITIONAL USES FOR SECONDARY SCHOOLS. THE PROPOSED USES APPROPRIATE FOR THIS STATE BASED ON CURRENT ZONING AND ITS LOCATION WITHIN THE NEW ALBANY BUSINESS PARK. AND SHOULD THE PLANNING COMMISSION APPROVED THE APPLICATION RECOMMENDS THE CONDITIONS LISTED IN THE STAFF REPORT. THANK YOU, ENGINEERING.

IT IS ANTICIPATED THE ON SITE BACKUPS ARE UNLIKELY TO EXTEND AND ONE WEST CAMPUS AND FUTURE.

HOWEVER IN THE EVENT THAT THIS DOES OCCUR, THERE APPEARED TO BE OPTIONS FOR INCREASING ON SITE CUBAN AND REDUCING THE IMPACT TO WEST CAMPUS. WE WILL PROVIDE RECOMMENDATIONS REGARDING SIGNING MODIFICATIONS REQUIRED ON WEST CAMPUS ROAD WHEN DETAILED CONSTRUCTION PLANS BECOME AVAILABLE. WE DO NOT ANTICIPATE ANY ISSUES WITH SPECIAL EVENT PARKING. THANK YOU. CAN WE MEET UP AGAIN? THE COMMISSION DAVID HODGE FROM OVER CONDOS HEARING. ATTORNEYS FOR THE APPLICANT. EUROSTAT REPORT AND REALLY TOGETHER. I REALLY HAVE A LITTLE MORE AFTER AND I HAVE THE ANSWER QUESTIONS FROM THE COMMISSION. SINCE, UM AS MENTIONED THAT MOST BUILDING SORRY, BRAND CONDITIONAL USE FOR THIS. CORNER STORES, INCLUDING UP TO THE NORTHEAST OF HERE.

PREVIOUSLY THEY DECIDED THAT THERE ARE WHERE THEY ARE. THEY SENSE THAT KIND OF CANVAS DOWN, JUST LOCATION TRANSFER, WORKING WITH YOU WANT ME COMING TOGETHER? PROBABLY ALREADY WALKED BACK. HIS HANDS. ZONING APPLICATION ABOUT. CONVERSATION OVER ANOTHER DAY. MEDIA APPLICATIONS. YOU STAND ON YOUR COVER. THEIR MOTHER PASSED PEOPLE ANSWER AND I HAVE NO IDEA

[01:50:02]

EXACTLY IN THE STAFF OF MY BEST ANSWER THAT. YES WE JUST ASKED FOR CLARIFICATION. UM WE ASSUME THAT IF THERE'S OVERFLOW PARKING NEEDED FOR THE ATHLETIC FIELDS THAT IT COULD BE ACCOMMODATED ON THE VERY LARGE PARKING LOTS OF WORK. WORKING HERE. THANK YOU. DO YOU HAVE ANY CONFLICT WITH THE CONDITIONS AND THE STAFF REPORT? OKAY, ALRIGHT. ANYONE FROM THE PUBLIC CHEMICAL WEAPONS ARE COMMENTS. COMMISSION MEMBERS JUST HAVE ONE QUESTION ABOUT THE AROMA ENROLLMENT PROJECTIONS SO IF THEY HIT AS PLANNED. 406 AND 325 IS THAT THE MAX OR HOW MANY COULD YOU POTENTIALLY HOUSE. I DIDN'T HAVE A GREAT INTERVIEW THAT QUESTION, ACTUALLY, PROJECTING END UP AND PLENTY OF CAMPUS THERE, TOO. ACTUALLY. GREAT AND THE PROPERTY OF THEIR AND I GUESS ULTIMATELY THAT'S MY QUESTION. IF YOU EXCEED ENROLLMENT NUMBERS, WHAT'S WHAT'S YOUR NEXT PLAN? I HAVE THEM HERE, AND, UM I'M GOING TO INTERRUPT FOR ONE SECOND. I'M SORRY, BUT SOMEBODY JUST NOTIFIED ME THAT THEY'RE WATCHING THE HEARING AND THAT YOUR MICROPHONE IS NOT WORKING.

THEY CAN'T HEAR YOU. HMM. LET'S SEE. HOW ABOUT NOW? ANYBODY. I CAN CHECK THE BATTERY. MR KING.

YES, TRUE. THERE HASN'T BEEN A PROBLEM FOR TOO LONG. THAT'S WHAT YOU'RE TYPING AWAY AND I WAS WONDERING LIKE MHM. JUST TYPING AWAY MY NOTES TO TELL COUNCIL. GET IT BACK TOGETHER.

IN THIS ONE. YOU CAN TALK ABOUT THIS. NO NO RECORDED. OKAY SURE THAT THAT'LL WORK FOR NOW THAT ONE IS WORKING. AND MR SCHELL, YOU YOU SEE THE BLUE LINE OVER ON THE EAST SIDE OF THE PROPERTY THAT ONLY THAT ONLY SHOWS A PORTION THAT'S WORKING NOW YOU CAN TELL YOU WANT TO COME BACK OVER. OKAY? THAT THAT ONLY SHOWS A PORTION OF WHAT'S ACTUALLY BEING ACQUIRED. THERE'S AN EXHIBIT IN YOUR PACKAGE THAT THAT SHOWS THE REMAINDER. SO UH, THERE IS ROOM FOR SOME ADDITIONAL GROWTH HERE AND YOU KNOW THEY ARE NOT INTERESTED IN CREATING A SITUATION ON THEIR OWN SITES SO THEY WOULD HAVE TO NATURALLY CONTROL THEIR OWN ENROLLMENT IN ORDER TO NOT EXPLAINED BEYOND WHAT THEY'RE ABLE TO. EFFICIENTLY SERVED HERE ON THE SITE. PERFECT THANK YOU.

SO THIS IS FOR STAFF. SO THIS THIS IS THE SAME GROUP THAT CAME BEFORE US A COUPLE OF YEARS AGO FOR THE OTHER PARCEL THAT, UM, MR HODGE MENTIONED THAT THERE'S GOING TO BE TRANSFERRED THERE COULD HAVE BEEN SWAMPED WITH NEKO. I REMEMBER THERE WAS SOME DISCUSSION THERE ABOUT THE ATHLETIC FIELDS BEING RIGHT BY THE RIGHT BY 605. I THINK WE HAVE SOME DISCUSSION ABOUT HOW SAFE THAT SITUATION WAS GOING TO BE. AND I SEE THAT THIS UM THIS APPLICATION SEEMS TO AT LEAST LEAST CORRECT THAT SITUATION, SO I THINK THIS IS PROBABLY A POSITIVE STEP. YEAH, I BELIEVE THAT THE PREVIOUS APPLICATION THERE WAS REQUIREMENT FOR NETTING. UM, AND SO I ASSUME THAT WILL BE TRANSFERRED OVER TO THE SITE AS WELL. OKAY? YEAH. ALBANY ROAD EAST DOES NOT CURIOUS. MUCH TRAFFIC AT 605. YEAH, THAT'S ALSO VERY TRUE. OH GOD, ANOTHER QUESTIONS AND COMMENTS. EXCEPT STAFF. SPORTS RELATED DOCUMENTS. IN THE RECORD CONDITIONALLY USED ONE OF 5 2023. STILL HERE? A SECOND. SECOND. DISCUSSION ON THE DOCUMENTS, EMOTIONAL. GIRL,

[01:55:07]

PLEASE, MR KIRBY. YES, MR WALLACE. MR. SHOW PASSES. THERE ARE THREE VOTES TO ADMIT THE DOCUMENT. DO YOUR MOTION FOR CONDITIONAL USE ONE OF FIVE MOVED TO APPROVE APPLICATIONS.

SEE YOU'RE ONE OF 5 2023, BASED ON THE FINDINGS OF THE STAFF REPORT AND SUBJECT TO THE CONDITIONS, LISTENING TO STAFF REPORT AND ALL SUBJECT TO STANDARD APPROVAL. SECOND THAT.

IT'S BEEN MOVED IN SECOND AND DISCUSSION ON THE MOTION. EURO PLEASE. MR. WALLACE MR. SCHELL? YES, MR KIRBY. MOTION PASSES. THERE ARE THREE VOTES IN FAVOR OF THE APPLICATION. GOOD LUCK TAKES US TO CONDITIONAL USE LITTERING YOU DID DO I GOT TO SAY BEFORE I GO, MR KIRBY MENTIONED TO YOU ABOUT YOUR TALKING ABOUT THAT HILL. THAT WAS MY UNCLE TOO. AND, UH, HE MIGHT GROW FROM LIKE I'M RIGHT. I'M WITH YOU ON THAT IN PLACES WHERE PEOPLE ARE STILL TALKING ABOUT HIM. YEAH, THANK YOU. HAVE A GOOD EVENING. ADDITIONALLY USE WANNA WAIT TO HEAR FROM STAFF, PLEASE? THANK YOU. CHAIR I HAVE TWO OPTIONS FOR YOU. WE CAN DO THESE NEXT TWO. CONDITIONAL USE ITEMS, ONE AT A TIME OR BECAUSE THEY ARE THE SAME APPLICANT IN THE SAME SUBDIVISION.

ESSENTIALLY ASKING THE SAME THING I CAN ROLL FROM ONE PRESENTATION RIGHT INTO THE OTHER. IF YOU WOULD BE SO KIND AND OKAY, BECAUSE THERE ARE SEPARATE AGENDA, YES, AND THERE ARE SEPARATE CONDITIONS FOR EACH OF THEM AS WELL. PLEASE PROCEED. OKAY THE FIRST APPLICATION IS, UH THEY BOTH ARE LOCATED WITHIN THE WOODHAVEN SUBDIVISION, WHICH IS LOCATED. AT THE SOUTHWEST CORNER OF BEVEL, HEIMER ROAD AND WALNUT STREET. THE REQUEST IS FOR CONDITIONAL USE APPROVAL FOR A RESIDENTIAL MODEL HOME TO BE LOCATED WITHIN THIS SUBDIVISION. THIS FIRST MODEL HOME IS FOR THE AGE RESTRICTED TYPE, WHICH IS PERMITTED AND, UH, TO BE DEVELOPED IN THIS SUBDIVISION.

THE PROPOSED MODEL HOME IS LOCATED ON THE 52 IN THIS SUBDIVISION, AND IT IS CLOSE TO THE ENTRANCE WHEN ENTERING FROM BEVEL HEIMER ROAD, USING WHAT HE EVEN DRIVE, THE PROPOSED LOCATION APPEARS TO BE APPROPRIATE AS IT IS EASILY ACCESSIBLE AND IDENTIFIABLE WHEN ENTERING THE SUBDIVISION. ADDITIONALLY THE HOME IS ACCESSIBLE BY SIDEWALKS AND TRAILS ADJACENT TO THE SITE, WHICH IS INDICATED ON THE RIGHT HAND SIDE OF THE SCREEN BY THE APPLICANT. YOU MAY HAVE SEEN IN THIS STACK REPORT THAT THE BUILDING PERMIT FOR THE HOME WAS APPROVED BY STAFF AND CONSTRUCTED WITH A DOUBLE WIDE GARAGE DOOR. PER THE ZONING TAXED. THE FRONT LOADED GARAGE DOORS ARE REQUIRED TO USE SINGLE BAY DOORS WITH A MINIMUM WIDTH OF 9 FT AND A MAXIMUM WITH 10 FT. THE APPLICANT HAS BEEN MADE AWARE OF THIS REQUIREMENT AND THE CURRENT CONDITION THE STAFF REPORT HAD RECOMMENDED RECOMMENDED A CONDITION OF APPROVAL THAT THE MODEL HOME IS ALLOWED TO BE OPERATED, UH, WITHIN THE BUILDING, BUT THE GARAGE MUST BE CORRECTED TO MEET CODE REQUIREMENTS OR THEY MASTER REQUEST AND RECEIVE APPROVAL FOR A VARIANCE BEFORE IT IS CONVERTED AND SOLD FOR PRIVATE USE SINCE THE STAFF SUPPORT WITHOUT ACTUALLY, JUST THIS EVENING, THE APPLICANT INDICATED TO STAFF THAT THEY INTEND TO APPLY FOR THE VARIANCE. UM AND THAT WILL BE COMING BACK BEFORE YOU SO STAFF IS GOING TO WORK WITH THE APPLICANT ON GETTING THAT VARIANCE APPLICATIONS SUBMITTED. UM SO IT IS THAT YOUR DISCRETION TO CONTINUE WITH THAT SUGGESTED CONDITION OF APPROVAL OR MODIFY IT, KNOWING THAT THE APPLICANT AND STAFF ARE WORKING ON, UM, GETTING THAT VARIANTS THE MIDDLE THROUGH THE PROCESS.

THE APPLICANT STATES. THEY WOULD LIKE TO UTILIZE THE MODEL HOME UNTIL ALL OF THE LOTS WITHIN THIS SUBDIVISION THAT HAVE BEEN SOLD OR FOR A PERIOD OF TIME. NO LESS THAN TWO YEARS.

HISTORICALLY PLANNING COMMISSION HAS APPROVED CONDITIONAL USE. ADDITIONAL USES FOR OTHER MODEL HOMES AND NEW ALBANY FOR 1 TO 3 YEARS, DEPENDING ON THE SIZE OF THE SUBDIVISION, SINCE THIS MODEL IS UTILIZED FOR 22 AGE, RESTRICTED LOTS WITHIN THIS SUBDIVISION STAFF RECOMMENDS THE CONDITION OF APPROVAL THAT THE MODEL HOME BE PERMITTED FOR TWO YEARS AND THAT ANY EXTENSION AND

[02:00:08]

TIME IS SUBJECT TO THEIR REVIEW AND APPROVAL BY PLANNING COMMISSION. THE STUDY SIGN CODE PERMITS ONE SIGN NOT TO EXCEED SIX SQUARE FEET IN SIZE AND NO TALLER THAN 4 FT. THE MODEL HOME SIGNS ARE PERMITTED, BUT NOT PERMITTED TO BE ILLUMINATED AND MUST BE 10 FT FROM THE ADJACENT STREET RIGHT OF WAY. THE APPLICANT PROPOSES TO INSTALL MODEL OF HOME SIGN, HOWEVER, STAFF RECOMMENDS A CONDITION OF APPROVAL THAT THE SIGN BE REVISED TO MEET CODE REQUIREMENTS. IN SUMMARY THIS REQUEST. UH IF THE RECOMMENDED CONDITIONS OF APPROVAL ARE MET, THE PROPOSED MODEL HOME IS CONSISTENT WITH CODE REQUIREMENTS. ADDITIONALLY THE OPERATIONAL ASPECTS OF THE PROPOSED MODEL HOMES ARE CONSISTENT WITH OTHER MODEL HOMES AND HAVE THAT HAVE BEEN APPROVED IN NEW ALBANY. AND SHOULD THE PLANNING COMMISSION APPROVED THIS APPLICATION STAFF RECOMMENDS THE CONDITIONS LISTED IN THE STAFF REPORT. BEING THE SECOND CONDITIONAL USE REQUEST FOR, UM, THE SECOND MODEL HOME. IS ALSO LOCATED WITHIN THE WOODHAVEN SUBDIVISION. THIS MODEL HOME IS FOR THE TRADITIONAL SINGLE FAMILY HOME TYPE, WHICH IS ALSO PERMITTED TO BE DEVELOPED IN THE SUBDIVISION. THIS MODEL HOME IS LOCATED ON LOT 28 AND IS CLOSE TO THE SUBDIVISION ENTRANCE WENT ENTERING FROM WALNUT STREET. THE LOCATION APPEARS TO BE APPROPRIATE AS IT IS EASILY ACCESSIBLE AND IDENTIFIABLE WHEN ENTERING THE SUBDIVISION, AND THIS HOME IS ALSO ACCESSIBLE BY THE SIDEWALKS AND LEISURE TRAIL ADJACENT TO THE SITE. UM THE APPLICANT WOULD ALSO LIKE TO UTILIZE THIS MODEL HOME FOR NO LESS THAN TWO YEARS AND AGAIN. THE PLANNING COMMISSION TYPICALLY APPROVES MODEL HOMES FOR 1 TO 3 YEARS AND STACK, WHICH SHOULD SUGGEST THE SAME CONDITION OF APPROVAL. THERE IT DEBUT FOR TWO YEARS AND THAT ANY EXTENSION IN TIME IS SUBJECT TO THE REVIEW AND APPROVAL BY THE PLANNING COMMISSION. THE APPLICANT PROPOSES A MODEL HOME SIGN AT THIS LOCATION AS WELL.

WHICH WOULD BE PERMITTED, HOWEVER, STAFF RECOMMENDS A CONDITION OF APPROVAL THAT THIS SIGN BE REVISED TO MEET CODE REQUIREMENTS. AND MUCH LIKE THE OTHER MODEL HOME. THIS CONDITION IF THESE CONDITIONS HAVE APPROVAL ARE MET. THIS PROPOSED MODEL HOME IS ALSO CONSISTENT WITH CODE REQUIREMENTS. AND THE OPERATIONAL ASPECTS ARE ALSO SIMILAR TO OTHER MODEL HOMES THAT HAVE BEEN APPROVED AND NEW ALBANY AND STACK WOULD RECOMMEND THE CONDITIONS LISTED IN THE STAFF REPORT. THANK YOU. UM, DID YOU SAY THAT STAFF APPROVED THE GARAGE DOOR THAT DOESN'T MEET CODE. CORRECT THROUGH PERMITTING RIGHT. SO THIS IS THE FIRST ONE IN THE SUBDIVISION. SOMEHOW IT MADE IT THROUGH BOTH THE APPLICANTS REVIEW AND OUR REVIEW HAVE SINCE BEEN WE'VE SINCE CAUGHT IN, TALKED WITH THE APPLICANTS MULTIPLE TIMES. THEY'VE BEEN GRACIOUS ENOUGH TO WORK WITH US, AND WE THINK WE HAVE A DESIGN SOLUTION IN PLACE TO CHANGE THE GARAGE DOORS FROM A DOUBLE BETA TWO SINGLE DAYS. JUST EACH GARAGE. YOU MIGHT NEED TO BE A LITTLE BIT MORE NARROW THAN CODE ALLOWS. IT'S INTERESTING. THIS CODE ACTUALLY REQUIRES A MINIMUM OF A 9 FT GARAGE. TYPICALLY WE JUST DO MAXIMUMS, SO THE VARIANTS TO BE A TO ALLOW US SLIGHTLY MORE NARROW GARAGE DOOR THAN CODE ALLOWS. BUT THAT'S STILL VERY MUCH WITHIN THE INDUSTRY STANDARD. YES AS THE OWNER OF AN 8 FT WIDE GARAGE DOOR, I UNDERSTAND. OKAY I TAKE IT THERE'S NO ENGINEERING ON THIS ENGINEERING HAS NO COMMENT. THANK YOU. UM, FOR WHAT IT'S WORTH ON THE STAFF REPORT. THE 109 STAFF REPORT HAS TRAILING PARAGRAPHS 18. THIS DID ACTUALLY CAN YOU STILL USE NUMBER? MM QUESTIONS COMMENTS FROM COMMISSION MEMBERS. ACTUALLY CAN WE GET THE APP AGAIN? IF YOU'VE GOT ANYTHING THAT I'M SORRY. I'M BOB WEB PAGES ABOUT WHAT REALLY WORKS. QUICK GAZED BOB WEB AND STAFF REPORT DID GREAT JOB AS ALWAYS, I THINK QUESTIONS BUT MORE QUESTIONS FOR ME, SIR. I'M HAPPY TO ANSWER. GREAT I WILL NOTE THAT WE OPERATE THESE

[02:05:04]

MODELS. REALLY IS FURNITURE FIRST, UH EXPECT HOMES. WE DON'T GARAGE TOO. SALES CENTER, SO THERE'S NO CONVERSION BACK. BUT WE OPERATE. BASICALLY STUDY THE FIRST MODEL, SO OKAY? QUESTION OF THE COMMISSION. OKAY? UM I WOULD SUGGEST THAT WE LEAVE IN THE THIRD CONDITION. RUN. SEE? YOU WANNA WAIT? UM ALL RIGHT, WELL, WE'LL HEAR THE VARIANTS WHEN WE HEAR THE VARIANTS. OKAY? I MOVED FOR ACCEPTANCE, THE STAFF REPORTS AND DOCUMENTS INTO THE RECORD TRADITIONAL USE 108 2023 2ND ON THE DOCUMENTS SECOND DISCUSSION, THE DOCUMENTS MOTION. I DID SUCK. YES OKAY.

CAN I HEAR THE ROLE, PLEASE? MR KIRBY. MR WALLACE? YES MR SCHELL? YES, MOST IMPASSES.

THERE ARE THREE VOTES TO ADMIT THE DOCUMENTS. THANK YOU FOR YOUR MOTION FOR THE CONDITIONAL USE ITSELF. GO AHEAD AND CHANGE ANYTHING. NO, NO, OKAY. MOVED TO, UH. APPROVED CONDITIONAL USE 108 2023 BASED ON THE FINDINGS, AND THE STAFF REPORT WITH THE CONDITION IS LISTED IN THE STAFF REPORT, SUBJECT TO STAFF APPROVAL. SECOND THAT DISCUSSION ON THE MOTION FOR 108. YOU CAN'T ROLL, PLEASE, MR SCHELL? YES MR WALLACE. MR KIRBY? YES MOTION PASSES. THERE ARE THREE VOTES IN FAVOR OF THE APPLICATION MOVIE. WE ACCEPT THE STAFF REPORTS AND RELATED DOCUMENTS INTO THE RECORD FOR CONDITIONAL USE ONE AND 1920 23. YOU HEAR A 2ND 2ND? DISCUSSION OF THE DOCUMENTS MOTION. PLEASE MR KIRBY. YES, MR WALLACE? YES MR SCHELL. MOTION PASSES. THERE ARE THREE VOTES TO ADMIT THE DOCUMENTS WERE EMOTIONAL, CONDITIONAL USE ITSELF. I MEAN, IT'S APPROVAL.

CONDITIONAL USE ONE OR 9 2023 SUBJECT TO THE CONDITIONS IN THE STAFF REPORT. AND SUBJECT OF STAFF APPROVAL. SECOND. DISCUSSION ON THE MOTION ON THE CONDITIONAL YEARS. THE ROCK, PLEASE. MR. KIRBY MR. WALLACE? YES MR SCHELL. MOTION PASSES. THERE ARE THREE VOTES IN FAVOR OF THE APPLICATIONS. DO WE HAVE ANY OTHER BUSINESS? FULL MEMBERS WERE COMMENT. DAVE HAPPY THANKSGIVING. EVERYONE HANDS BACK AT YOU

* This transcript was compiled from uncorrected Closed Captioning.