Jan 17, 2024 Planning Commission

[I. Call to order]

[00:00:04]

YES, STAFF READY. YES, READY. ALRIGHT COMMISSION WITH THAT I'D LIKE TO CALL IT ONE OF THE PLANNING COMMISSION MEETING FOR WEDNESDAY, JANUARY 17TH 2024, CAN I HEAR THE ROLE, PLEASE? MR. KIRBY, PRESIDENT. MR WALLACE. MR. SCHELL MISS BRIGGS HERE. MR LARSON, PRESIDENT COUNCIL MEMBER WILL TROUT HERE. ALL VOTING MEMBERS ARE PRESENT. WE HAVE A QUORUM. THANK YOU. TAKE SOME

[III. Action on minutes]

[IV. Additions or corrections to agenda]

[VI. Cases]

[00:05:07]

SO THIS IS A 10 FT CONCRETE WALL. IT MIGHT BE A LITTLE HARD TO SEE. BUT THAT IS IT SHOWN IN GREEN ON HERE, AND THAT RUNS THE ENTIRE NORTHERN PORTION OF THE PROPERTY LINE AND ALSO THE EASTERN PORTION, WHEREAS THERE THE EXTERIOR STORAGE, AND THEN THEY'RE ALSO PROPOSING A CHAIN LINK SECURITY FENCE THAT I BELIEVE IS 8 FT. TALL AND THAT WILL SURROUND THE ENTIRE SITE.

SO FOR THE INITIAL PHASE, IT'S SHOWN IN THIS HATCHING AND THEN GOING UP THE PROPERTY LINE AND ON THE NORTH AND THEN THAT WOULD BE EXPANDED FOR A FUTURE PHASES TO THE WEST. AND THEN ALSO FOR THE PLANE COMMISSIONS CONSIDERATION THEY HAVE CONTAINED OR THEY HAVE PROVIDED ADDITIONAL INFORMATION. HOW THEY PROVIDE, UH SPILL CONTAMINANTS, CURBS AND OTHER DESIGN FEATURES, UM, THAT ENSURE THAT THAT THERE IS THAT THERE IS IF THERE IS A SPILL THAT IS CONTAINED ON SITE SO SOME ADDITIONAL INFORMATION FOR THE PLANNING COMMISSION TO AND SEEK TO TAKE INTO CONSIDERATION IS THAT THEY ARE MEETING THE SETBACKS ALONG THE WEST SIDE AGAIN, BUT RESIDENTIAL IS THEY ARE MEETING THOSE SETBACKS, SO THERE'S NO VARIANCE REQUESTED ALONG RESIDENTIAL

[00:10:02]

SETBACK FOR ANY TYPE OF HAZARDOUS STORAGE, WHETHER IT BE INTERIOR OR EXTERIOR. AND SO WHAT THE APPLICANT HAS PROVIDED HERE IS THIS BLUE BOX THAT SHOWS WHERE 200 FT IS ON THE PROPERTY LINE. SO AGAIN, THE PROPERTY LINE IS KIND OF THE EXTERIOR OF THE GREEN. AND THEN THIS BLUE IS TO SHOW LIKE WHERE THAT 200 FT SETBACK EXISTS ON THE PROPERTY SO YOU CAN SEE THAT THE BUILDING IS 88 FT. AND SO IN ORDER TO MEET THAT THEY WOULD HAVE TO SLIDE ABOUT 190 OR SO FEET WEST AND THEN THIS IS SHOWING THAT THIS NORTHERN EXTERIOR STORAGE YARD IT'S PRETTY MUCH ENTIRELY WITHIN THAT SETBACK AREA AGAIN. THIS IS I BELIEVE 35 FT FROM THE NORTH 30 FT FROM THE EAST AND THE 200 FT SETBACK IS PRETTY MUCH LOCATED AT THE SOUTHERN EXTENT OF THAT EXTERIOR STORAGE YARD. AND HOW CLOSE COULD THE BUILDING B FEEL TO THE PROPERTY LINES IN EACH DIRECTION. ALSO 200 FT SO EVERYTHING ALL THE IMPROVEMENTS HAVE TO BE WITHIN THAT THIS BLUE HATCHED BOX, OKAY? THANK YOU. IS THERE AN ENGINEERING COMMENTARY? NO ENGINEERING COMMENTS. CAN WE HEAR FROM THE APPLICANT? SHE WOULD COME TO MIKE, CAN YOU NAME AND ADDRESS CENTER ONE RIGHT THERE. SORRY. YEAH UM, OKAY. GREAT TO BE HERE. THANK YOU. AND I APOLOGIZE THAT WE WEREN'T HERE IN THE DECEMBER 1. WE THOUGHT VIRTUAL ATTENDANCE WAS GOING TO BE OKAY. AND THAT DIDN'T END UP WORKING OUT. SO APOLOGIES. UM SO FIRST OFF, LET ME LET ME INTRODUCE MYSELF. SO MY NAME IS MATT JENSEN. I'M RAINN KIM'S VICE PRESIDENT OF WAREHOUSING OPERATIONS. I'M RESPONSIBLE FOR 28 OF THESE FACILITIES AROUND THE WORLD, 24 OF THEM IN THE UNITED STATES. UM RIN CAM HAS BEEN DOING THIS FOR 46 YEARS. SO WE'RE WE ARE THE BEST AND SAFEST COMPANY IN THE WORLD WHEN IT COMES TO CHEMICAL LOGISTICS. UM THAT'S THAT'S SHOWN FROM OUR SAFETY RECORD AS WELL AS OUR ENVIRONMENTAL RECORD COMPARED TO ANY OF OUR COMPETITORS. UM THE WE SUPPORT THE SEMICONDUCTOR INDUSTRY, SO THE SEMICONDUCTOR INDUSTRY RELIES ON US FOR THE SAFE TRANSPORTATION AND STORAGE OF CHEMICALS. SEMICONDUCTORS CANNOT BE MADE WITHOUT THESE CHEMICALS. UM AND THEN, WHEN WE ARE LOOKING AT PROPERTIES AND BUILDING THESE TYPES OF FACILITIES NEAR SEMICONDUCTOR MANUFACTURERS ARE KEY. ELEMENTS THAT WE'RE LOOKING AT OUR DISTANCE TO THE SEMICONDUCTOR MANUFACTURERS. UM WE'RE VERY CONFIDENT IN THE SAFE STORAGE OF MATERIALS. BUT THE MOMENT WE START TRANSPORTING MATERIALS, THERE'S OTHER ELEMENTS THAT INTRODUCE OTHER RISKS. AND SO WE MINIMIZE THOSE AS MUCH AS WE CAN BY LOCATING AS CLOSE AS WE CAN TO SOMEBODY CONDUCTOR MANUFACTURERS. WHEN WE SELECTED THIS PROPERTY, IT WAS THE CLOSEST AVAILABLE PROPERTY TO THE SEMICONDUCTOR MANUFACTURING. UM AND THAT'S WHY THIS PROPERTY WAS SELECTED. HAVE A QUESTION THAT MIGHT BE STAFF OR OTHER MEMBERS OF THE AUDIENCE FOR THE PROPERTY TO THE NORTH INTO THE

[00:15:03]

UM AND SO, SO WE OVER ENGINEER AND OVERBUILD ANYTHING REGARDING CONTAINMENT OF CHEMICALS. UM YES

[00:20:02]

UM. REALLY A CLEAR IN AND OUT FOR SITE USAGE IN OPTIMIZATION FOR, UM. FOR FRED FOR OUR CLIENT FOR INCOME. DID YOU LOOK AT AN OPTION WHERE YOU HAD HAZARDOUS MATERIALS CONTAINED WITHIN THE 200 FT AND HOW EVERYTHING WITH IT AROUND THAT SCENARIO. BECAUSE THAT WOULD BE SAFER. YEAH THAT WAS ONE OF THE INITIAL EXPLORATIONS. UM. INITIALLY WE WANTED TO PUSH EVERYTHING AS FAR AS WE COULD. NOTING THAT THERE ARE RESIDENCES TO THE WEST. TRYING TO INCREASE THE DISTANCE FROM THAT WESTERN SIDE. UM WHICH HAD US PUSH EVERYTHING TO THE EAST. HAVE YOU INVESTIGATED PURCHASING ANY ADDITIONAL LAND AROUND? THIS POT TO GIVE YOU MORE CUSHION. SO OUR UNDERSTANDING IS THE LAND ON BOTH THE NORTH AND THE EAST SIDES ARE UNAVAILABLE. UM WE HAVE INVESTIGATED IT, BUT IT HAS NOT TURNED INTO SOMETHING. CITY COUNCIL HAS OTHER, UM, OPINIONS OR ABILITIES TO HELP US THERE WERE WE WOULD LOVE THAT. STEVE. DID YOU LOOK AND SEE WHO OWNS THOSE PROPERTIES? SO YEAH, THE PROPERTY TO THE EAST IS OWNED BY SOMEBODY CALLED CEO LINE. YOU ALBANY AND THEN THE PROPERTIES TO THE NORTH ARE BOTH OWNED BY N. B. J HOLDINGS. ACCORDING TO THE AUDITORS, WEBSITE. AND JUST BACK TO THE QUESTION SYSTEM ON, YOU KNOW, AS FAR AS THE TOTAL, UM BUILDABLE NECESSITY FOR FOOD PHASE ONE AND PHASE TWO. WITHIN THE 200 FT SETBACK AND WITH THE EASEMENT FOR THE DRAINAGE, WE COULD NOT COME UP WITH A DESIGN THAT THAT FIT ALL OF THAT NECESSITY WITHIN THE BUILDABLE BLUE SPACE. BUT WHAT I'M CURIOUS ABOUT IS THERE'S GOT TO BE A SOLUTION WHERE THE HAZARDOUS MATERIALS STAY WITHIN THE BLUE SPACE AND THE BUILDING GOES OUTSIDE, BUT NOT THE MATERIALS. UM SO SORRY. I'M NOT. I'M NOT SURE ANY SO IF WE SAID THAT YOU HAD TO GIVE THAT HAZARDOUS MATERIALS WITHIN THE 200 FT SETBACK IN THAT INSIDE BLUE BOX.

BUT YOU COULD GO WITH THE BUILDINGS OR THE DRIVES OUTSIDE OF THAT. THERE'S GOT TO BE SOMETHING THAT WOULD GET BETTER SOLUTION WHAT YOU HAVE HERE. YEAH SO, UM, FOR I THINK THAT'S MOSTLY IN REFERENCE TO THE ISIL CONTAINER YARD, RIGHT? IS THAT CORRECT? BECAUSE THAT'S WHAT'S ON THE BLUE BOX. YES THAT'S THE MAJORITY THAT'S OUTSIDE OF THE BLUE BOX AND FOR ISIL CONTAINERS. THOSE ARE ALL SELF CONTAINED. PACKAGE MATERIALS. THAT CONTAINMENT THAT I EXPLAINED FOR THOSE CONTAINERS IS ESSENTIALLY A BUILDING RIGHT? IT'S 100% CONTAINMENT OF THOSE WITHIN A SPACE SO THAT THEY CANNOT IMPACT THE ENVIRONMENT. AND SO I WE CONSIDER THAT AS YOU

[00:25:03]

BUT THE CONTAINMENT IS THE KEY IN OUR INDUSTRY. IT IS YOU KNOW WHERE THESE ARE ALL PACKAGED MATERIALS. THEY'RE NOT BEING OPENED THEIR NOT BEING MANUFACTURED IN THESE KIND OF ENVIRONMENTS. IT'S SPILLS THAT WE ARE ALWAYS TRAINING AND TEACHING. AND, UM TRYING TO MITIGATE RIGHT? SO IF THE SPILL OCCURS, CONTAINMENT IS WHAT IS KEY TO SUCCESS IN THOSE INSTANCES, AND SO FOR BOTH THE ISIL YARD AND THE WAREHOUSE AND THE CONTAINMENT IS ABOVE WHAT WHAT THE LAW REQUIRES AN ABOVE STANDARD THAT'S WHAT HELPS HER IN CAN BE THE SAFEST AND BEST OF ALL WE DO. SO IN SORT OF LAYMAN'S TERMS. THIS IS LIKE A BEER DISTRIBUTOR, WHERE THE BREWER GIVES YOU PRE PACKAGED BEER. YOU NEVER OPENED IT. YOU TAKE IT TO THE STORE WHERE THEY USE THE BEER. CORRECT SO LARGE CONTAINERS, THEY GET THEIR STEAL THEIR KEPT SEALED. YOUR JOB IS TO KEEP THEM SEALED AND GET THEM SAFELY DOWN THE ROAD. THAT IS EXACTLY CORRECT. AND SO JUST TO GIVE EVERYONE AN IDEA OF THE CONTAINER TYPES, SO I'M THE ONE SLIDE. WE SAW THE ISIL CONTAINERS. THOSE ARE THE LARGE ONES THAT YOU'LL SEE ON THE BACK OF A SEMI TRUCK THAT ARE TRANSFERRED. PUT IT IN BULK, SO BOTTOM LEFT HAND CORNER IS ONE OF THOSE ISIL CONTAINERS. UM VERY SELECT. FEW CHEMICALS ARE KEPT IN THESE ISIS. THEY'RE THE ONES THAT ARE CONSUMED THE MOST IN THE SEMICONDUCTOR MANUFACTURING PROCESS. AND THEN WITHIN THE WAREHOUSE. SO IN THE MIDDLE PICTURE YOU CAN SEE ON BOTH THE LEFT HAND LEFT AND RIGHT HAND SIDE. WE CALL THOSE COATS THERE ABOUT 250 GALLONS THERE MADE HANDLE CHEMICALS, BUT OF ALL THOSE CHEMICALS, THEY'RE ALL PREPACKAGED. THEY'RE ALL SEALED. REN CAME HANDLES THE LOGISTICS AND THE STORAGE OF THEM. WE DON'T HANDLE ANY OF THE MANUFACTURING OR OPEN AIR AS ASSOCIATED WITH THOSE CHEMICALS.

OTHER FACILITY LOOKS GREAT. THE LOT LOOKS TOO SMALL. YEAH I WISH WE DIDN'T HAVE THE DRAINAGE EASEMENT, UM, THAT THAT WAS SOMETHING THAT AS AS WE LOOKED AT POTENTIAL MITIGATION OF DRAINAGE EASEMENT. THERE WAS NO POTENTIAL SOLUTION THERE. WE THOUGHT THERE MIGHT BE, BUT THERE WAS. I MAY NOT BE ALLOWED TO DO THIS, ERIN, ARE YOU ALLOWED TO COMMENT ON AVAILABILITY OF THE NEIGHBORING PROPERTIES? OR IS THAT NOT SOMETHING YOU'RE ALLOWED TO DO? RATHER NOT OKAY. SO MUCH FOR THE EASY SOLUTION. YEAH QUESTION FOR STAFF. HAVE WE HEARD FROM THE FOLKS? ON THE EAST AND ON THE NORTH SIDE. I DON'T BELIEVE SO, UM, HEARD FROM? YEAH I KNOW.

WE'VE GOTTEN PHONE CALLS, AND WE HAD A NUMBER OF RESIDENTS COME AND ASK QUESTIONS. SO I BELIEVE ALL THE COMMUNICATIONS WE RECEIVED HAVE BEEN FROM RESIDENTS ALONG THE WEST SIDE,

[00:30:01]

WE HAVE A PROBLEM BECAUSE IT LOOKS SELF INFLICTED. IT'S SOLVABLE BY OTHER MEANS. OKAY. I DON'T GET THE. IT MUST BE THIS WAY OUT OF THE DUNKIN CART ERA HERE. UM AND IF THEY CAN'T BUY THE LAND, CAN THEY BUY THE EQUAL THE MORAL EQUIVALENT? THAT MEETS THAT, AND THEN WE GOT SPIRIT AND INTENT COVERED. WELL CERTAINLY, I'M I'M SURE THAT M. B. J AND THE REPRESENTATIVES WITH SPEAK WITH THEM, AND WE'VE CLEARED THAT ALL UP, BUT I JUST DON'T FEEL COMFORTABLE WHENEVER WITHOUT HAVING DONE THAT. THANK YOU. THANK YOU SO MUCH. SO IF YOU WANNA BRING THE APPLICANT PLEASE COME BACK. THAT'S RIGHT. OTHER QUESTIONS FROM COMMISSION. I WOULD JUST SAY, I APPLAUD YOU TRYING TO GET AS FAR AWAY FROM THE RESIDENCE AS POSSIBLE. I THINK EVERYBODY'S IN AGREEMENT.

THAT'S A GOOD THING. I THINK TO NEIL'S POINT, YOU'RE GONNA MUCH EASIER PAST IF COMMERCIAL OWNER ON THE NORTH AND COMMERCIAL OWNER IN THE EAST. ARE OKAY WITH THIS BECAUSE WE'RE MAKING A.

OKAY ASSUMING THEY'RE OKAY NOW, THEY COULD HAVE BEEN HERE AND THEY CHOSE NOT TO BE, BUT IT'S STILL VERY RISKY IN OUR PART. YEAH I APPRECIATE THOSE COMMENTS , AND I APPRECIATE KNOWING WHO TO TALK TO, UM, I BELIEVE WE HAVE REACHED OUT AND I'M JUST NOT SURE IF WE WE'VE GOTTEN THE APPROPRIATE CONTEXT, SO OKAY, LET'S GET THROUGH ALL THE OTHER COMMENTS AND ISSUES SO THAT EVERYTHING IS CLEAR AND ON THE TABLE. OTHER QUESTIONS THAT I HAD A FEW QUESTIONS CAN CAN YOU MOVE BACK TO THE FIRE DIAGRAM? THAT JUST THAT'S THE ONE. THANK YOU. CAN YOU CAN YOU HELP US UNDERSTAND HOW THIS FACILITY OPERATES? YOU KNOW, JUST TAKE US THROUGH SORT OF A TYPICAL DAY.

TRUCKS COME IN THROUGH THE TO CURB CUTS. WHERE DO THEY GO? WHERE PARK? I'VE NOTICED.

THERE'S THIS LARGE AREA OVER HERE. WHAT IS THAT? I SEE. OBVIOUSLY, YOU'VE GOT PHASE TWO EXPANSION HERE, SO PRESUMABLY, AT LEAST THIS PART IS JUST BLANK LAND. WHAT GOES ON OVER HERE? CAN YOU AND WHAT GOES ON IN THESE AREAS HERE IS THAT PARKING IS WHERE TRUCKS DRIVE CAN JUST GIVE ME A SENSE OF WHAT'S GOING ON THERE. GREAT GREAT QUESTIONS. UM SO YES, THE IT IS A LOGISTICS FACILITY AND ONE OF THE THINGS THAT IS KEY TO THE SUCCESS OF SEMICONDUCTOR MANUFACTURERS, AND THIS FACILITY IS WHAT WE CALL CONSOLIDATION. SO YOU'VE GOT MANUFACTURERS OF CHEMICALS ALL OVER THE WORLD? UM THEY'LL THEY'LL MANUFACTURE THE MATERIALS. THEY'LL SHIP THE MATERIALS, UM, AND IN IN THE SEVENTIES AND EIGHTIES AS SEMICONDUCTOR MANUFACTURING WAS COMING ONLINE. WHAT YOU HAVE IS ALL OF THESE MANUFACTURERS WOULD SCHEDULE SHIPMENTS OF THEIR MATERIALS INTO THE PLANTS. AND YOU WOULD HAVE A LINE OF TRUCKS DOWN THE ROAD BECAUSE EACH ONE HAD TWO OR THREE OF THOSE CONTAINERS IN IT, AND IT JUST WAS NOT EFFICIENT. FROM A

[00:35:05]

THEY'LL EXIT THE FACILITY. VERY SIMILAR FOR ISIL CONTAINERS, BUT BECAUSE OF THE SIZE AND NATURE OF ISIL CONTAINERS, WE HAVE TO HAVE A GANTRY CRANE IN ORDER TO PICK UP THOSE CONTAINERS AND STORE THOSE SAFELY AND APPROPRIATELY, SO THERE'S EXTRA SPACE NEEDED FOR THE TRUCKS TO COME IN, UM, DROP OFF OR PICK UP AN ISIL CONTAINER AND THEN STORE IT HERE IN THE EYE SO YARD. UM THERE ARE ALSO REQUIREMENTS FROM THE STANDPOINT OF TEMPERATURE CONTROLS ON THE ISIL CONTAINERS BEFORE THEY'RE USED WITHIN THE MANUFACTURING PROCESS. AND SO WE'VE GOT AN ICE A TRAILER STORAGE AREA HERE WHERE WE ACTUALLY, UM AND AGAIN FULL CONTAINMENT ASSOCIATED WITH THIS AREA HERE WHERE ISIL CONTAINERS ARE STORED, BUT THEY'RE HOOKED UP TO A UNIT CALLED A CLEANER UNIT. AND IT WILL BRING THE CHEMICAL TO A CERTAIN TEMPERATURE PRIOR TO DELIVERY TO THE FACILITY. UM AND SO THAT ALSO GOES INTO THE LOGISTICS OF IT. WE'LL PULL ONE OF THESE CONTAINERS OUT OF THE ICE A YARD. PUT IT ON A CHASSIS, HOOK IT UP SO THAT IT CAN GET READY FOR DELIVERY OVER TO THE FACILITY. UM AND THEN AFTER PICKUP OR DELIVERY EXIT OF THE TRUCKS HERE AS FAR AS ALL OF THIS EXTRA SPACE, SO REALLY THE EXPANSION YOU KNOW, AS FAR AS THE SETBACK GOES FOR, UM FOR THE ISIL YARD. IT'S REALLY TO FACILITATE POTENTIAL ADDITIONAL SPACE THAT'S NEEDED IN PHASE TWO FOR THE ISIL YARD. YOU CAN SEE IT SHIFTS AND BRINGS IT RIGHT UP TO THE EDGE OF THE DRAINAGE EASEMENT. UM AS FAR AS THE WAREHOUSE FACILITY, THIS IS THE PLANNED FUTURE PHASE OF THE WAREHOUSE ITSELF. IT DOES NOT EXPAND CLEAR UP TO THAT DRAINAGE EASEMENT, AND IT'S STILL ALLOWS FOR TRANSPORTATION AND LOGISTICS MOVEMENTS. AROUND THE FACILITY.

IS THERE A LOOK OR ANY HAZARDOUS MATERIAL STORED INSIDE THE WAREHOUSE AT ANY TIME? YES IN BOTH THE ISIL CONTAINERS AND IN INSIDE THE WAREHOUSE. THERE ARE HAZARDOUS MATERIALS WITHIN SEMICONDUCTOR MANUFACTURING PROCESS. IT'S A LOT OF ACIDS AND BASES. UM THAT THAT END UP FACILITATING THAT PROCESS, AND THAT'S WHAT'S STORED WITHIN THOSE THOSE CONTAINERS AND AGAIN. ALL OF THOSE CONTAINERS ARE ARE BUILT AND PACKAGED IN A WAY TO FACILITATE THE SAFE STORAGE OF THOSE MATERIALS. BUT IT IS HAZARDOUS. IT IS CONSIDERED HAZARDOUS MATERIALS.

NOW NONE OF THE NONE OF THE MATERIALS THAT ARE STORED OR USED IN THE SEMICONDUCTOR MANUFACTURING PROCESS HAVE CARCINOGENS IN THEM. UM, AND SO IF IT WERE TO GET AIRBORNE, IT'S NOT INTRODUCING RISK SOMEHOW TO THE ENVIRONMENT OR TO THE PUBLIC. IT'S UM YOU KNOW, IT'S THE NATURE OF THE TYPES OF MATERIALS THAT ARE SHORT. I'M NOT SURE THAT YOU 100 VERSUS 35 WILL MAKE MUCH DIFFERENCE IF IT'S AIRBORNE, ANYWAY. UM. MEET, OKAY. YOU DO GOOGLE. THE VARIANTS HERE REQUESTING IS ABOUT AS CLOSE TO THE, UM TO THE PROPERTY LINES AS YOU CAN GET.

YOU KNOW IN THE IN THE VARIANTS MIGHT BE MORE PALATABLE IF THERE WAS A WAY TO STRUCTURE IT SO THAT IT WASN'T UM IT WASN'T 35 FT, BUT IT WAS SOMEWHERE. GREATER THAN THAT. MAYBE NOT

[00:40:05]

OKAY WE'RE CLOSE TO THE LINE. BUT OUR SAFETY RECORDS REALLY GOOD. AND WE HAVE WE HAVE THESE, UM, MECHANISMS IN PLACE TO CONTROL ANY, YOU KNOW, SPILLS AND THEY'RE ONLY GOING TO BE LIQUID. OR WHATEVER COMES OUT, SO I DON'T KNOW. I GUESS I GUESS THEY'RE MOSTLY LIQUIDS, AND I CAN SEE WHY THEY WOULD BE CONTAINED. IF THERE'S NO AIR ON. I'D LIKE TO SEE SOMETHING THAT WOULD JUSTIFY THAT. SO WE'RE NOT WORRIED TOO MUCH ABOUT IT AIRBORNE BECAUSE 200. I MADE A JOKE EARLIER ABOUT MAYBE NOT MAKING A DIFFERENCE. BUT MAYBE MAYBE IT MIGHT THAT 200 FT.

SETBACK, AS IN IS IN OUR TMD FOR A REASON. ANYWAY I THINK THAT'S ALL I HAVE. CAN I ANSWER? SORRY.

IT'S JUST GONNA SAY APPRECIATE THE COMMENT AND OUR GOAL IS TO, UM MAKE EVERYBODY FEEL COMFORTABLE RIGHT THAT WE I'M HAPPY TO PROVIDE ANY INFORMATION THAT'S REQUESTED, INCLUDING SAFETY RECORDS AND ENVIRONMENTAL RECORDS. UM I WAS HOPING WE WOULDN'T TABLE IT TONIGHT, BUT WE'RE YOU KNOW, WE'LL DO WHAT'S NECESSARY TO MAKE SURE THAT EVERYBODY FEELS COMFORTABLE AND WE CAN MOVE FORWARD APPROPRIATELY, SO THAT AND I WOULD NEVER HAVE NEVER ACTUALLY ASKED THIS BEFORE OF AN ADVOCATE. BUT GIVEN THAT THIS IS KIND OF A NEW, YOU KNOW, NEW ZONE FOR NEW ALBANY. I WOULD BE INTERESTED IF ANY OF YOUR OTHER SITE PLANS, UM, THAT YOU HAD THIS SELLER SAFETY RECORD HAD SIMILAR SETBACKS IN PLACE AT THAT HAD BEEN PART OF THAT PLAN.

YES SO EACH SIDE HAS SO EACH JURISDICTION AND SITE HAS DIFFERING LAWS THAT RECOMMEND THE SETBACK ASSOCIATED WITH THESE TYPES OF MATERIALS. WE AGAIN WE TRY TO STAY WITHIN THAT SETBACK AMOUNT AS MUCH AS POSSIBLE, AND MOST OF OUR SITES COMPLY TO THAT. WE DO HAVE A HANDFUL THAT AND WE HAVE GOTTEN EXCEPTIONS TO AND HAVE A VARIANCE APPROVED FOR BUILDING OUTSIDE OF THE SETBACK ALLOWANCE JUNIOR IF YOU HAVE ANY THAT ARE WITHIN 35 FT OF THE NEIGHBORING PROPERTY, INTERESTED IN SEEING THAT, OKAY. OTHER COMMISSION MEMBERS. PUBLIC HAVE QUESTIONS OR COMMENTS ON THIS PARTICULAR ONE. YES. SO GIVE YOUR NAME AND ADDRESS. GOOD EVENING. THANK YOU FOR HAVING THIS HEARING. THANK YOU, BRIAN. THE INFORMATION YOU PROVIDED FOR SO IN THE LAST MEETING THAT WE HAD IN DECEMBER AND ADDRESS PAUL WEINBERGER, 106 OF RHUBARB, ANU. GO AHEAD. SO IN THE MEETING THAT WE HAD IN DECEMBER PROVIDED A RIGHT UP TO THE COUNCIL, WHICH IS MY UNDERSTANDING WAS GOING TO BE GIVEN TO RYAN CAMPBELL. UM CAN YOU TELL ME IF THAT HAPPENED, DID YOU GUYS SO WE HAD NUMEROUS QUESTIONS? MAYBE 15 OR 20? I'VE HEARD I THINK IT ANSWER TO ONE OR TWO OF THOSE QUESTIONS. SO I'M A BIT CONCERNED ALL THAT WE HAVE INFORMATION. WE DON'T HAVE

[00:45:04]

AN INTENSIVE COMMERCIALLY USED NEXT TO RESIDENTIAL AND THOSE CAN VARY BETWEEN 100 FT.

TYPICALLY I THINK WE FOUND ONE WHERE IT WAS 150 FT. HISTORICALLY SO I DON'T I DON'T RECALL LOOKING AT ANY OTHER JURISDICTIONS. UM PREVIOUSLY WE MIGHT HAVE, BUT I DIDN'T PERSONALLY BUT I DO RECALL US LOOKING UNDERSTANDING WHAT WE CONSIDER A SAFE DISTANCE JUST BETWEEN YOU KNOW NONHAZARDOUS USES BETWEEN UH UM BETWEEN SITES AND THEN WHEN TAKING DOWN CONSIDERATION, YOU KNOW, UM, THE GOAL WITH THIS T AND D SINCE IT DOES ALLOW FOR THESE INDUSTRIAL USES, WHICH IS THE FIRST NEW ALBANY IS TO REQUIRE MUCH LARGER SETBACKS AND THESE BUFFERING SO IN ADDITION TO THESE LARGE SETBACKS, THERE'S ALSO THE MOUNTING. I MENTIONED AND SCREENING REQUIREMENTS THAT ALSO GO ALONG WITH THAT IT DOESN'T MATTER IF IT'S THIS SITE OR A LARGER SITE. LIKE INTEL. IT'S THE SAME 200 FT SETBACK THAT APPLIES ACROSS ALL TEAM D DISTRICTS. SO THAT'S WHAT I RECALL KIND OF LOOKING AT AND TAKING INTO CONSIDERATION WHEN PROPOSING THE 200 FT. THANK YOU. SO WHEN THEY WERE GIVING THEM DID YOU HAVE KNOWLEDGE OF THE CHEMICALS THAT WILL BE STORED AND THE PARTICULAR MOVEMENT OR HAZARDOUS OF THE CHEMICALS? NO.

OKAY, THANK YOU. UM. SO ONE OF THE QUESTIONS ASKED BY ANOTHER RESIDENT, UM WAS WHAT DOES RYAN KIM DOING TO ENSURE THE WELLS ARE NOT CONTAMINATED FOR THE RESIDENTS BECAUSE ALL THE RESIDENTS ON WELL WATER AND HE MENTIONED WHICH I NEEDED FURTHER CLARIFICATION THAT STUFF IS GOING TO DRAIN INTO THE HOLDING POND. AND SO THE QUESTION IS, IS WHAT ARE WE DOING TO ENSURE THE WELLS ARE NOT BEING CONTAMINATED AND THERE'S ARE THERE GOING TO BE ANNUAL TEST. TO ENSURE THERE IS NO CONTAMINATION OCCURRING. IF YOU WOULD DESCRIBE THE HOLDING PONDS FOR SPILLS FOR STARTERS. YES SO? SO IT'S BACK TO THE CONTAINMENT, SO THE CONTAINMENT FEATURES THAT WE BUILD INTO THESE FACILITIES ARE ALL MEANT TO MITIGATE ANY ANY TYPE OF CONTAMINATION TO OUTSIDE OF THE FACILITIES. SO YOU'VE GOT CONTAINMENT WITHIN THE WAREHOUSE ITSELF. THAT'S THE FULLY CONTAINS ANY TYPE OF SPILL TO THE WAREHOUSE. YOU'VE GOT CONTAINMENT WITHIN THE ISIL YARD ITSELF THAT FULLY CONTAINS NOW THE ISIL YARD WHERE IT'S, YOU KNOW, NOT A ROOF FACILITY HAS OTHER CONCERNS ASSOCIATED WITH IT. AND SO IT IS A AS FAR AS DRAINAGE GOES FOR THAT AREA. IT HAS OTHER CONTROLS IN PLACE. SO IT HAS CONTROLS IN PLACE THAT WHEN YOU DO HAVE TO DRAIN IT, TESTING IS COMPLETED PRIOR TO DRAINING SO THAT WE'RE CERTAIN THAT NOTHING IS BEING RELEASED INTO THE HOLDING POND AND THEN TESTING IS DONE AGAIN IN THE HOLDING POND PRIOR TO THE HOLDING POND BEING RELEASED, AND SO CAN I JUST INTERRUPT YOU REAL QUICK, SO CAN YOU SORT OF DESCRIBE? LET'S LET'S ASSUME THE WORST POSSIBLE SCENARIO, WHICH IS YOU HAVE SOME SORT OF SPELL.

AND. THE LIQUID FROM ONE OF THE CONTAINERS. IS RELEASED FROM ITS CONTAINER. SO YOU'VE TOLD US EARLIER THAT THERE'S THE SORT OF THE GROUND CAROL WHAT YOU CALL IT, BUT IT'S THREE INCHES, NOT ONE INCH CORRECT. THE LIQUID GOES INTO THAT CONTAINING THE UNIT. AND THEN SOMETHING HAS TO HAPPEN TO IT. ONCE YOU HAVE THE ACTION, AND YOU HAVE TO YOU HAVE THIS LIQUID THAT IS BEING CONTAINED AND THEN HAS TO BE CLEANED UP IN SOME WAY. I THINK WHAT HE'S WHAT HIS CONCERN WAS.

HE HEARD HE HEARD WHAT I THINK I HEARD, WHICH WAS YOU SAID THERE WAS SOME THERE'S SOME SUCCEEDING

[00:50:06]

UM, SO WITHIN THAT CONTAINMENT AREA, THEY WILL CLEAN UP THE SPILL THAT HAS OCCURRED AND THEN PRIOR TO ANYTHING EVER BEING RELEASED AFTER A SPILL LIKE THAT THERE WOULD BE ROUNDS AND ROUNDS OF TESTING TO MAKE SURE THERE'S NO ADDITIONAL IMPACT BECAUSE EVERYTHING WILL HAVE BEEN CLEANED UP. DOES THAT? ANSWER YOUR QUESTION? THAT IS IN THE HOLDING ON THAT IS GROUND.

CORRECT SO ALL ALL OF IT IS IMPERVIOUS SURFACES AND IMPERVIOUS TO THE CHEMICALS THAT WERE STORING. AND WITH YOUR QUESTIONS COME BACK TO THE WHITE SO IT MAKES THE RECORD PLEASE.

WHEN YOU ASK A QUESTION GO BACK TO THE MIKE. THAT WAY IT HITS THE RECORD, AND IT'S EASIER ON STAFF TO GET A CLEAN TRANSCRIPT. YEAH. SO THE TWO OF YOU CAN SHARE THE MIC AS MUCH AS YOU NEED. SO ONE OF THE ONE OF THE CONCERNS WE HAVE IS THAT AND GENTLEMAN UP HERE ALLUDED TO THAT IS YOU HAVE THESE CONTAINERS AND THEY WERE SO PACKAGE, BUT THEN YOU HAVE THIS BIG CONTAINERS. THE BIG STAINLESS STEEL ONES. YOU KNOW, WE ARE VERY FAMILIAR WITH HIGH WINDS. WE JUST HAD 60 MILE AN HOUR WINDS LAST WEEK. THERE ARE TORNADOES HERE AND WHEN THOSE CONTAINERS OUR OFFENSE BASIN AND DROPPED OR ON A FORKLIFT AND DROPPED, UM OR IF A SPILL OCCURS , AND THERE'S HIGH WINDS AND WE DON'T UNDERSTAND THIS CHEMICALS, WE HAVE NO IDEA HOW FAR THESE CHEMICALS CAN TRAVEL EITHER THROUGH THE AIR. OR THROUGH THE LAND OR INTO THE WATER FOR JUST A SECOND FOR THE APPLICANT. IF YOU. DO YOU HAVE A TORNADO F RATING FOR THE FACILITY? WE'LL HAVE TO LOOK INTO THAT. I BELIEVE SO. WE SO WE BUILD OUR FACILITIES TO THOSE TYPE OF RATINGS. I'LL GIVE YOU AN EXAMPLE. IN TAIWAN. WE HAVE A FACILITY IN HURRICANES COME THROUGH ON A REGULAR BASIS AND THE SAME STANDARD THAT WE USE IN TAIWAN IS BEING USED FOR THE DESIGN AND CONSTRUCTION OF THIS FACILITY. AS FAR AS AN F RATING. I'LL HAVE TO GET BACK TO YOU.

OKAY SO, BUT YOU'RE CONFIDENT ON HURRICANE HURRICANE RATED YES. CATEGORY STORM FOR THAT 12345 CORRECT. SO THE BIGGEST ONE, SO I ACTUALLY LIVED IN TAIWAN FOR TWO YEARS. KIND OF STANDING UP THOSE OPERATIONS OVER THERE. THE BIGGEST ONE WE HAD WAS A CATEGORY THREE THAT CAME THROUGH WHILE I WAS THERE, ONE OF THE THINGS THAT WE WILL DO IN TAIWAN AS WELL DOWN STACK SO THOSE ISIL CONTAINERS IN TAIWAN WILL STORE THOSE FOUR HIGH, WELL DOWN STACK THOSE TWO TOO HIGH JUST TO MINIMIZE THE POTENTIAL OF TIPPING, AND WE'VE NEVER HAD ANY TIPPING OF THOSE THERE. UM SO ALL OF OUR PROCESSES BUILT AROUND THE SAFE STORAGE OF THOSE ARE TAKING THESE TYPES OF THINGS INTO ACCOUNT. ANYONE KNOW OFF TOP OF THEIR HEAD WITH THE WIND SPEEDS OF A CAT THREE HURRICANE ARE BECAUSE WE'RE USED TO TORNADOES AND 100 MILE AN HOUR WINDS AND I DON'T HAVE THE CATEGORIES. THINK IT'S 120. YEAH FIRES OVER LIKE 100 100. YEAH SO THERE'S A LOT OF PEOPLE HERE.

ONCE YOU GET IT TWO MILES AN HOUR, THEY CAN SAY OH, I UNDERSTAND THAT NUMBER AND SO DID NOT, AND IT'S PROBABLY MOST HELPFUL FOR US TO JUST GET THE F RATING AND PROVIDE THAT TO THE COUNCIL. YES. OKAY. THANK YOU. UH OH. AND SPILLS DURING HIGH DO YOU DO OPERATIONS DURING HIGH WINDS? UM WE MINIMIZE OPERATIONS AS MUCH AS POSSIBLE DURING ANY KIND OF IMPLEMENT WEATHER. UM AND SO OPERATIONS BECOME MINIMIZED DURING INCLEMENT WEATHER, UM, INSIDE THE WAREHOUSE. IF THERE'S ANY KIND OF SPILL DURING HIGH WINDS, OBVIOUSLY, IT'S GOING TO BE

[00:55:04]

OKAY? I MEAN, I GOOGLE GOOGLE TO REAL QUICK HURRICANE CATEGORIES, AND I WAS COMPLETELY WRONG, SO I WANT TO CORRECT THE RECORD CATEGORY ONE IS UP TO 95 MPH. CATEGORY TWO IS 96 TO 110.

CATEGORY THREE IS 111 TO 130 MPH. CATEGORY FOUR IS 131 TO 155. CATEGORY FIVE IS GREATER THAN 155. FOR THE RECORD AGAIN. I'LL PROVIDE THE F RATING SINCE I DON'T HAVE THAT OFF HAND.

THANK YOU. THANK YOU FOR THE INFORMATION SO I UNDERSTAND ABOUT THE FACILITY, BUT I'M CONCERNED ABOUT THE CONTAINERS THAT ARE OUTSIDE. AND I'M CONCERNED ABOUT ONE OF THOSE CONTAINERS BEING DROPPED. WHICH IS HMM. UNAVOIDABLE A CERTAIN POINT IN TIME. I'M CONCERNED ABOUT A CONTAINER BEING PICKED UP BY HIGH WINDS AND TOSS WHEREVER AND IT'S NOW OPEN. AND SO WE SAY WE MINIMIZE THIS. BUT THAT DOESN'T MEAN WE STOP IT. AND THEN WHO IS GOING TO VALIDATE THAT THAT MINIMIZATION IS ACTUALLY OCCURRING OR STOPPAGES ACTUALLY OCCURRING? OR IS THAT CAN BE CROWDED AND AFTER IT HAPPENS, AND NOW WE HAVE A SPILL. THAT'S OVER IN THE RESIDENTIAL AREA OR IN THE BUSINESSES AND WE TALKED ABOUT DOWN STACKING FROM FOUR HIGH TOO, TOO HIGH AGAIN. HOW'S THAT CAN BE VALIDATED. AND SO ONE OF THE QUESTIONS THAT WE HAVE ASKED IS WE ASKED AND LET ME MAKE SURE I HAVE THE WORD EXACTLY. RIGHT. APOLOGIZE WE ASKED, RANK HIM TO PROVIDE ALL INTERVENTION. ENVIRONMENTAL LITIGATIONS FINDINGS. COURT RULINGS COMPLAINTS THIS INCLUDES BUT IS NOT LIMITED TO SIMPLE, LEGAL AND OTHERWISE WORLDWIDE AGAINST RYAN CAN COMPANY SPECIFICALLY NOTING WHERE RYAN CAN COMPANY IS PURPORTED TO BE A FAULT WITHOUT THIS THE DETRIMENT TO THE PUBLIC WELFARE UNDER THE FACTORS CONSIDERED CANNOT BE DETERMINED.

AND I AM VERY, VERY CONCERNED THAT WE DON'T HAVE THIS TONIGHT. BUT I'M ALSO VERY CONCERNED THAT WE HAVE NO IDEA WHAT TYPE OF CHEMICALS ARE HERE, AND WHAT TYPE OF REAL PRECAUTIONS ARE BEING TAKEN DUE TO THE WEATHER IN OHIO. WE ALSO ASKED FOR, UM RYAN CAM TO PROVIDE A LIST OF ALL THE CHEMICALS AND ONE OF THE GENTLEMEN UM, THAT WAS HERE LAST TIME. UM. ASKED FOR THE MATERIAL SAFETY DATA SHEET FOR EACH CHEMICAL. BECAUSE WE'RE GOING TO HAVE TO HAVE RYAN CAMERAS NOT GOING TO GET A WELL TESTED AS RESIDENTS. WE'RE GOING TO HAVE TO GET A WELL TESTED AND WE HAVE NO IDEA. WHAT DID TEST FOR UNLESS WE KNOW WHAT'S BEING STORED. I WOULD SUBMIT THAT A FURTHER STUDY OUGHT TO BE DONE. TO INVESTIGATE THE DISTANCE NEEDED TO SAFELY PROVIDE FOR THE CHEMICALS IN OHIO ENVIRONMENT WITH THE WINDS AND TORNADO POSSIBILITIES. ADDITIONALLY IF WE DON'T UNDERSTAND THE SAFETY RECORD PROVIDED BY WHAT I REQUESTED OF ALL LITIGATION SO FORTH. WE DON'T KNOW HOW WELL THESE FACILITIES ARE MAINTAINED. SO WE MAY HAVE THIS THREE INCH CONTAINMENT LIP, WHICH SOUNDS GREAT. PROFESSIONAL ALLOWED TO DEGRADE OVER TIME, AND THESE SAFETY PRECAUTIONS ARE NOT MAINTAIN. IT PUTS EVERYBODY AT RISK. AND SO THE RIGHT UP ALSO STATED, UM ABOUT PROVIDING OPTIONS. I KNOW WE KIND OF DELVED THROUGH THAT LITTLE BIT.

AND I THINK IN THE THINGS THAT WERE PROVIDED TO US, THEY SAID, WELL, CAN YOU SPLIT THE PARCEL IF YOU DRIVE AROUND THE INTEL DEVELOPMENT AREA NOW THERE ARE MANY SITES THAT ARE STILL AVAILABLE AND OPEN FOR SALE. SO THE QUESTION BECOMES. INTEL IS OFTEN MAKE ROAD. IT IS ABOUT A MILE AWAY FROM WHERE THE RESIDENTS ARE NOW. WHY IS IT CHEMICAL STORAGE FACILITY WITHIN 3 TO 800 YARDS OR FEET. A RESIDENTIAL DEVELOPMENT VERSUS RIGHT NEXT TO ENTAIL. ARE THE INTO LIVES. MORE VALUABLE THAN THE RESIDENTS OF 22 YEARS. AND IF I GO, AND I HAVEN'T LOOKED AT EVERY INTEL FACILITY IF I LOOK AT CHANDLER THE RIGHT HIM FACILITY CHANDLER ZONE AND THE RANKING FACILITIES ABOUT 3 3.5 MILES AWAY FROM INTEL. A MILE AWAY FROM RESIDENTIAL. WHY IS IT FURTHER AWAY FROM INTEL? THEM THE RESIDENTS DOESN'T EFFICIENT OPERATION ALLOW. RIGHT FOR

[01:00:06]

SO HMM. YEAH THERE'S A LOT OF THAT'S CLOSE TO SOME RESIDENCES. WE REALLY NEED TO THINK ABOUT THAT. BUT UM, HAD THEY HAD A SMALLER FACILITY. THEY WOULD NOT BE IN FRONT OF THIS BODY. AND SECOND POINT ALONG THAT LINE COUNCIL, UM TROUT. THIS IS ME PASSING THE BOOK COUNCIL WILL GET THE FINAL SHOT AT VARIANCE IS I BELIEVE CORRECT. WHAT JUST PLANNING COMMISSION PLANNING COMMISSION. OKAY I'LL WALK THAT BACK THE ORIGINAL ZONING ALSO BY COUNSEL AND SO WE CANNOT TOUCH THE UNDERLYING ZONING. WE CAN LOOK AT THE VARIANTS BASED ON THE CONDITIONS IN THE VARIANTS.

UM, BUT ON THE LARGER FACILITY, THERE WOULDN'T BE A HEARING. YOU KNOW, THE NEW ALBANY, THE VILLAGE IN THE LARGE HAS SAID IN THAT BLUE AREA YOU SAW IN A PRIOR SLIDE ANYWHERE IN THERE.

YOU COULD PUT ONE OF THESE IF YOU'RE 200 FT FROM EVERYTHING. WHAT NEIL SAYING IS THAT IF THE STORAGE CONTAINERS THAT ARE AT THE TOP OF THE DIAGRAM OR BELOW THE DOTTED LINE. WE WOULDN'T EVEN BE HERE. THEY WOULD JUST BUILD IT AND IT WOULD CALL THEM. RIGHT AND WHEN WE BUILT THIS, THIS ZONING STANDARD WHICH YOU HEARD ME, ASK MR MAYOR ABOUT WE DID IT WITH THE IDEA THAT THERE WOULD POSSIBLY BE CHEMICALS AND SO WE INCREASED THE SETBACK, THINKING ABOUT THE TYPE OF CHEMICALS THAT WOULD BE THERE. IT WAS MENTIONED THAT WE DIDN'T UNDERSTAND THE CHEMICALS THAT WERE IN THERE. SO I DON'T THINK THE SETBACK WAS REALLY FULLY CONSIDERED. CONSIDERING THE CHEMICALS. WE DON'T KNOW THE CHEMICALS. THERE'S NO MATERIAL DATA SHEETS PROVIDED THERE'S NO LIST OF CHEMICALS PROVIDED SO WE HAVE DEVELOPED THE SETBACK WITH INCOMPLETE INFORMATION. BUT I WOULD SAY THAT'S WHY IT IS SUCH A. THAT'S PROBABLY THE LARGEST SETBACK WE HAVE IN THE CITY BECAUSE WE DIDN'T KNOW WE DON'T KNOW IF WE WILL KNOW SOME OF THIS MIGHT BE PROPRIETARY INFORMATION, AND THAT'S WHY YOU KNOW, I THINK THAT THE STAFF AND THE COUNCIL PUT SUCH A LARGE SETBACK. YOU WON'T FIND A LARGER SET BACK, AND THAT'S WHY HAZARDOUS MATERIAL JUST BY ITSELF HAS THAT LARGE SETBACKS. WE'VE MENTIONED HOW THERE'S OTHER BUILDING, SETBACKS AND PAVEMENTS FOR NON HAZARDOUS CAN BE MUCH CLOSER TO PROPERTY LINES , SO HAZARDOUS MATERIAL. UM BECAUSE OF ITS POTENTIAL, AND BECAUSE OF THAT UNKNOWN IS WHY IT HAS SUCH A LARGE SETBACK.

LARGER THAN ANY OTHER SETBACK. IF THERE'S A SPILL, THERE'S WINDS EVEN 200. FT IS NOT GONNA BE AT LARGE. AND THE REALITY IS YOU HAVE SO MUCH LAND THERE. AND WE HAVE A VARIOUS PROBLEM. WHY NOT SOLVE IT BY PUTTING ANOTHER PART OF LAND THAT ISN'T SO CLOSE TO RESIDENTIAL YOU KNOW, THE REALITY IS WE PURCHASED AN UNDERSIZED LOT. SAYS WE'RE IN BUSINESS FOR 46 YEARS. YOU WOULD THINK IN 46 YEARS WE KNOW HOW TO PLAN AND OPERATION TO BUY THE SUFFICIENT SIZE LOT. OKAY AND IF WE HAVEN'T BOUGHT THE SUFFICIENT SIZE LOT HOW MUCH ARE WE SAVING BECAUSE ONE OF THE THINGS IN FACTORS CONSIDERED AS WAS THIS DOING OF THE CHEMICAL COMPANY, THE CHEMICAL STORAGE COMPANY, AND THE ANSWER IS CLEARLY THAT YES, BECAUSE THEY DIDN'T DO SUFFICIENT DUE DILIGENCE. IT WOULD BE SO KIND CAN CONTINUE WITH YOUR LIST BECAUSE I'M SURE THE APPLICANT WATCH TO BE. I HAVE A SUSPICION THAT IS GOING TO GET TABLED, OR AT LEAST THAT WILL BE CONSIDERED, AND THAT GIVES THE AFGHAN A CHANCE TO ADDRESS THINGS POPULAR CONTINUALLY GIVEN TO UM AND IF YOU MUST SAY IF YOU WANT THE COMMISSION TO HEAR IT, THEN YES. IF YOU WANT THE APPLICATION TO ADDRESS IT, PERHAPS WHEN THEY COME BACK THEN IT WOULD GO TO THEM SO THEY CAN MAKE A

[01:05:02]

IT HAS A LOT MORE POWERFUL EFFECT THAN HEARING. NO, IT DOESN'T SO I GUESS WHAT? I WOULD, UM SUGGEST AS I CAN GIVE YOU GUYS LISTEN TO QUESTIONS. ONE COPY, APOLOGIZE. I THINK THESE QUESTIONS NEED TO BE ANSWERED FOR THE BENEFIT OF EVERYBODY HERE, NOT ONLY THE ADJACENT PROPERTY OWNERS, PEOPLE WITHIN THE DISTRICT AND THEN ALSO THE RESIDENTS BECAUSE WHAT'S GOING TO HAPPEN? HOW ARE YOU GONNA FEEL IN 10 OR 20 YEARS IF WE HAVE BEEN ABNORMAL RATE OF PREGNANCIES? EARLY EARLY DEATH STILL BORNS CANCERS AND NOW WE'RE LOOKING BACK, AND WE HAVE.

SOMETHING DUE TO THE CHEMICALS HERE. IF I WERE TALL CORRECTLY, THE APPLICANT IS UNDER OATH.

HAVING SAID THERE ARE NOT PARTICULAR CARCINOGENS IN THEIR CHEMICAL SET FOR THE INDUSTRY.

WHILE THERE ARE ASSETS AND BASES, WHICH AREN'T FROM THE RESEARCH. WE'VE DONE THE MANUFACTURING OF SEMICONDUCTOR CHIPS NATURALLY ENCOURAGE, UM INCLUDE, UM CHEMICALS THAT ARE CANCER CAUSING YOU HAVE CAUSED BIRTH DEFECTS AND SO FORTH AND SO ON. OKAY THEN YOUR LIST.

DEFINITELY YOUR LIST NEEDS TO MAKE THE AFRICAN AND THEN THEY'RE ADDRESSING OF IT NEEDS TO MAKE IT TO US. I'M SINGING. UM THEN? YES, THAT YOU PLEASE PROVIDE YOUR QUESTION TO THE NAPKIN AND THE ONE ABOUT WHAT ARE YOU STORING AND OTHER CARCINOGENS STORED HERE? NEEDS TO BE ADDRESSED BECAUSE WE'VE HAD ONE. WE HAVE TWO DIFFERENT PEOPLE IN FRONT OF ME WHO SAID TWO DIFFERENT THINGS, AND WE'D LIKE TO COME TO AGREEMENT ABOUT WHAT ACTUALLY WILL BE HERE WITHIN THE LIMIT OF WHAT THEY'RE ALLOWED TO SAY FOR PREPARATORY REASONS, SO I'LL PROVIDE IT TO YOU GUYS SO IT GOES INTO RECORD STAFF AND STAFF AND MAKE SURE THAT EVERYONE WHO NEEDS A COPY GETS A COPY. AND THANK YOU FOR ORGANIZING IT. SO YOU'VE GOT A COHERENT SET OF STATEMENTS. DID YOU HAVE ANY QUESTIONS ON THAT? CAN WE JUST CAN WE MAKE SURE THAT THE APPLICANT HAS A COPY OF THE QUESTIONS BEFORE WE LEAVE TONIGHT BEFORE THEY LEAVE TONIGHT? JUST SO EVERYBODY'S KIND OF ON THE SAME PAGE AT THIS POINT. OKAY? UM. QUESTIONS AND COMMENTS FROM THE COMMISSION. IS IT SHAKEN ANYTHING NEW FREE? UM WHICH GIVES ME ONE LAST QUESTION FOR THE APPLICANT. I THINK THAT I'M SURE WAS THERE. COME TO THEM. I'M SORRY. I MISSED THAT. COME TO MIC. I'M SCOTT DRISCOLL.

I'M AT 156 FOR ME TO DRIVE. SO I'M THE. SOUTHEAST OF THE BERMUDA NEIGHBORHOOD. SO JUST ON THE OTHER SIDE OF THE WHERE THE WEIGHT IS. UM. AND WHEN I FIRST HEARD ABOUT THE VARIANTS, OF COURSE, I WAS A LITTLE CONCERNED JUST FROM THE SUBJECT, BUT THEN LOOKING INTO IT. IT SEEMS THAT RYAN CAM IS TRYING TO PUSH IT FURTHER AWAY FROM MY HOUSE. WHICH THANK YOU. UM SO THAT'S ONE THING THAT I'M A LITTLE NERVOUS ABOUT IS IF YOU ALL SAY NO TO THIS VARIANTS, THEY'RE GOING TO REDESIGN IT TO PUSH THE CHEMICALS CLOSER TO ME. SO JUST WANTED TO PUT THAT ON THE RECORD THAT THIS IS AS FURTHER AS FAR AWAY AS I COULD IMAGINE THESE CHEMICALS BEING, WHICH IS A GOOD

[01:10:02]

YEAH YEAH, I CAN'T REMEMBER ALL OF THE QUESTIONS THAT ARE ASKED. I APPRECIATE GETTING THE LIST AND HAPPY TO REVIEW AND RESPOND AS APPROPRIATE AS ASSOCIATED WITH THE VARIANTS THAT'S BEING REQUESTED. WHAT THE WHAT THE COMMISSION WOULD LIKE IF WE'RE GONNA TABLE TONIGHT WOULD BE RATHER THAN GO THROUGH EACH OF THE 20 QUESTIONS. THE BEST THING TO DO IS LEAD. THE MEETING TONIGHT. HAVEN'T MEETING REVIEW THE QUESTIONS GET WITH THE QUESTIONER AND THE NEIGHBORS AND COME BACK AND SAY, YOU KNOW, WE'RE SATISFIED WITH THE ANSWERS TO ALL 20 OF THEM. OR THEY CAN COME BACK AND SAY, WELL, WE STILL HAVE CONCERNS ABOUT TWO OR THREE QUESTIONS. AND THEN THOSE CAN COME BEFORE THE COMMISSION AND WE CAN HASH THOSE OUT. ACTUALLY, YOU KNOW, AND DEAL WITH THE FACTORS THAT WE HAVE TO CONSIDER AS A COMMISSION AS TO WHETHER WE'RE GOING TO GRANT VARIANTS ARE NOT UNDER HIGH LAW, SO TO ME. THAT'S THE BEST WAY TO DO IT. I DON'T KNOW WHAT MY FELLOW COMMISSIONERS THANK, BUT THAT SEEMS TO BE RAISED. WE'RE HAPPY TO FACILITATE THAT. AND I THINK ALSO HAVING DISCUSSIONS WITH THE FOLKS TO THE NORTH AND TO THE EAST ON WHAT THEIR APPETITE IS, UM, AND THIS WOULD BE VERY HELPFUL, AGREE AND IN PARTICULAR, IF THEY WOULD PUT IT IN WRITING AND MAKE IT GO WITH THE LAND, THEN IT IS VERY CLEAR THAT THEY UNDERSTAND AND THEY DON'T REGARD IT AS UM AND AN UNDUE BURDEN. OKAY UM, ARE MEETING SCHEDULE TYPICALLY HAS A OPTIONAL MEETING EARLY IN THE MONTH AND THE STANDARD MEETING ON THE SECOND ONE SECOND THIRD.

LET'S GOING MONDAY, THE MONDAY MONDAY, OKAY, SO, UM, STEPPED IN FEBRUARY. IT WOULD BE THE ONES DAY BECAUSE OF PRESIDENT STIR, SO THOSE ARE YOUR CATEGORIES. IT'S NOT NECESSARILY A FOUR MONTH IF YOU CAN TURN EVERYTHING AROUND AND WE CAN GET IT ON OUR SCHEDULE. UM SO ARE. WORKSHOP FOR FEBRUARY WOULD BE ON WHAT DATE. FIT THAT WOULD BE A FEBRUARY 5TH. AND THAT MIGHT BE A LITTLE SOON. I'M NOT SURE WE'LL BE ABLE TO MEET ALL THOSE REQUIREMENTS. OKAY WE'RE AT IT.

YEAH, NAVIGATION TOO QUICK. ALL RIGHT. SO OUR REGULAR FEBRUARY MEETING ON THE THIRD MONDAY IN FEBRUARY. DOES THAT GET PUSHED BY HOUSES WEDNESDAY? YES YEAH, BUT IS ON A WEDNESDAY. SO THAT WOULD BE WEDNESDAY, FEBRUARY 21ST. SORRY I COULDN'T GET YOU THE EARLY ONE IS THAT GIVE YOU ENOUGH TIME WE'LL STRIKE FOR THAT DATE. AND THEN IF FOR SOME REASON WE HAVEN'T CLOSED THE LOOP ON EVERYTHING WILL CIRCLE UP. OKAY, OBJECT TO A STABLE IN THIS TILL THEN. YOU AGREE? UM YEAH, THAT'S FINE. AGAIN. OUR EMPHASIS IS TRANSPARENCY HERE. WE WANT TO. WE WANT TO BE GOOD NEIGHBORS AND GOOD STEWARDS. IT'S PART OF OUR CORE VALUES, AND SO WE'LL EMPHASIZE THAT THROUGHOUT THE PROCESS. ONE OTHER THING, SUCH AS AS AS WE WERE GOING THROUGH, THE QUESTION CAME UP ABOUT THIS SETBACK. AND UM, IT REMINDED ME SOME THINGS AS ADDITIONAL DISCUSSION WENT ON. AND THEN SIMONE SHARED WITH ME. I'M SORRY. OUR LATEST FACILITIES IN CORNELIUS, OREGON, JUST OPENED IN THE MIDDLE OF LAST YEAR. THE SETBACK REQUIREMENT ON THAT FACILITY IS 25 FT. SO FAR, FAR LESS SETBACK. AND THAT WAS ACTUALLY ONE OF THE THINGS WHEN WE PURCHASED THIS

[01:15:06]

21ST 21ST. BUT HERE 2ND 2ND. DISCUSSION ON THE MOTION TO TABLE AROSE THIS MR SHOW? YES MR LARSON? YES MR KIRBY, MR WALLACE. THE MOTION PASSES. UH THE MOTION TO TABLE THE REGULAR TO THE APPLICATION TO THE REGULARLY SCHEDULED PLANNING COMMISSION MEETING, WHICH IS ON FEBRUARY 21ST. THANK YOU AND I LOOK FORWARD TO THE ADDITIONAL INFORMATION THE NEXT TIME WE SEE YOU, THANK YOU. THANK YOU. ALL THE PUBLIC CAME TO SPEAK. THANK YOU. THANK YOU. ALL RIGHT. THIS IS. BEAUTY. TEXT CALVERTON SQUARE. DO I DO THAT ONE BEFORE WE TAKE A BREAK? WE NEED A BREAK. NOW I'M OKAY FOR NOW. OKAY ACTUALLY THIS TEXT TO YOUR APPOINTMENT. YEAH, WE'LL DEFINITELY TAKE A BREAK BEFORE WE DO. OAKLAND ALRIGHT. NEXT CASES VARIANTS ONE OF 4 2023.

CAN WE HEAR FROM STAFF? THANK YOU. SO THE NEXT APPLICATION WAS ALSO TABLED. I BELIEVE TWO MONTHS AGO AS WELL IN NOVEMBER, AND SO THIS IS TWO VARIANTS REQUESTING THE SAME APPLICATION SO AS THE PLANNING COMMISSION MIGHT RECALL THAT THE FIRST ONE IS TO ADDRESS AN EXISTING CONDITION THAT THE PROPERTY OWNERS INHERITED AND THAT IS A VARIANCE TO OWL AND OPEN PAVER PATIO TO ENCROACH INTO A PLANET CONSERVATION AREA BY 9 FT. AND THEN THE SECOND VARIANCES TO ALLOW A BUILDING ADDITION TO ENCROACH INTO THE 30 FT. UM CONSERVATION AREA AND THE BUILDING SET BACK BY 4 FT. SO THIS HOME IS LOCATED WITHIN THE RESERVE IN NEW ALBANY SUBDIVISION AT THE SOUTHWEST CORNER LOCATED HERE. AND SO THIS IS SHOWING THE EXISTING CONDITIONS AND THEN THE PROPOSAL ON THE RIGHTS. SO AGAIN, THE APPLICANTS. OUR LAST MEETING TOLD THE PLANNING COMMISSION THAT WHEN THEY PURCHASED THE HOME THAT THIS BRICK PAVER PATIO EXISTED ON THE BACK, AND THIS WAS ACTUALLY FOUND BY STAFF AND CONFIRMED THROUGH AERIALS, AND WHEN THE APPLICANTS SUBMITTED THE PERMITS TO CONSTRUCT THE BUILDING ADDITION ON THE BACK.

THAT'S WHEN WE FOUND THAT THIS WAS EXISTING AND NEEDED A VARIANCE IN ORDER TO ALLOW IT TO STAY. SO THIS HAS BEEN THERE. I THINK SINCE WE, UH, BASED ON AERIALS, PROBABLY SINCE, LIKE THE LATE NINETIES, WHEN THE HOME WAS ORIGINALLY BUILT, I BELIEVE SO THE FIRST VARIANCE IS TWO AND THEN AGAIN TO SEPARATE VARIANCES , AND THEY SHOULD EACH BE CONSIDERED ON THEIR OWN MERITS.

SO THE FIRST ONE IS TO ALLOW THIS BRICK PAPER PATIO TO ENCROACH WITHIN THAT CONSERVATION AREA BY 9 FT. AND SO AGAIN, THIS IS AN EXISTING PATIO. THERE'S NO NEW HOME EXPANSION PROPOSED AND EXCEPT FOR THAT PATIO AREA, UH AND SO IT DOES NOT APPEAR TO BE SUBSTANTIAL AGAIN. THIS IS A LONG STANDING ITEM, THE AGAIN THE INTENT OF THAT CONSERVATION EASEMENT IS TO PRESERVE THE ESPECIALLY THE TREES AND THE NATURAL GROWTH AND BY ALLOWING IT TO MAINTAIN REMAIN WON'T CHANGE ANY OF THE ESTABLISHED CHARACTER WITHIN THAT, UM ZONE OF THE PROPERTY, AND THEN THE SECOND VARIANCE IS TO ALLOW THIS BUILDING EDITION TO BE BUILT ON TOP OF THE PATIO, SO NO ADDITIONAL CONSERVATION AREA WILL BE CHANGED AS PART OF THAT HOME EDITION. AND SO THIS HATCHED, I GUESS WITH THE EXCESSES SHOWING THE HOME EDITION RIGHT HERE AND THEN THIS IS THE REMAINING PAVER PATIO THAT WILL REMAIN UNCHANGED. AND SO THERE'S ABOUT 3.5 FT OF BUILDABLE SPACE FROM THE BACK OF THE HOME TO THE BEGINNING OF THE AGAIN. THIS IS TWO REQUIREMENTS. THAT'S THE CONSERVATION AREA AND THERE'S A MINIMUM 30 FT BUILDING SETBACK SO IT WILL ENCROACH INTO BOTH OF THOSE AREAS BY ABOUT 4 FT. SO IT GOES FROM THE BACK OF

[01:20:07]

CAN WE HEAR FROM YOU AGAIN? HMM MY NAME IS BRENDA PARKER. I'M THE ARCHITECT FOR THE PROJECT.

I'M GOING TO START THE PRESENTATION. AND THEN JOSEPH MONDELLO IS GONNA CONVEY SOME INFORMATION. AND THEN THAT AND SUZANNE PERRY, THE HOMEOWNERS WILL STEP UP AND CONVEY ADDITIONAL INFORMATION IF NEEDED . I AM GOING TO ADDRESS UH, UM. MAINLY THE REASON WHY WE'RE REQUESTING THE FOREFOOT ENCROACHMENT INTO THAT REAR YARD SETBACK IN CONSERVATION AREA. SO UH, I'M NOT SURE IF THERE'S FLOOR PLANS IN THIS, UH, PRESENTATION, BUT YOU CAN SEE IN THE SITE PLANS HOW THAT CENTER CHIMNEY KIND OF JUTS INTO THAT SPACE. SO THE FIRST ITERATION THAT I DID FOR THE PERRYS, UM, STOPPED AT THAT 30 FT SETBACK, AND WE ONLY HAD ABOUT 7 FT USABLE AREA IN THAT MIDDLE SPACE, SO OH, OKAY, OKAY. SO THIS THIS LARGE CENTER CHIMNEY HERE, GENTS SIGNIFICANTLY INTO THE SPACE. UM. SO THEY CAME FROM A HOUSE IN NEW ALBANY THAT HAD A GORGEOUS SCREEN COURT. YOU KNOW, IT WAS REALLY AN OUTDOOR FAMILY ROOM, AND THEY WANTED TO RECREATE THAT HERE IN THEIR NEW HOUSE, AND THE ONLY WAY TO DO THAT WAS TO ENCROACH INTO THAT SET BACK SO THEY CAN GET SOME USABLE FURNITURE SPACE ON EACH SIDE OF THAT CHIMNEY. UM SO THAT'S THAT'S THE REASON WHY WE'RE ASKING FOR THAT EXTENSION AND AGAIN. WE'RE NOT ADDING ANY MORE IMPERVIOUS PAVEMENT TO, UM WHAT'S ALREADY THERE? YOU KNOW, THE BRICK PATIO IS ALREADY THERE SO UM THAT'S KIND OF THE JUSTIFICATION FOR WHY WE'RE ASKING FOR THAT ENCROACHMENT AND I WILL TURN IT OVER TO JOE SO HE CAN TELL YOU THE HISTORY OF THE CONSERVATION AREA. HI JOSEPH MANALO 7858 CALVERTON SQUARE. UM . GOOD TO BE BACK IN FRONT OF ITS BEEN A NUMBER OF YEARS. I RECOGNIZE NEIL. SO, UM ACTUALLY, IT WAS ABOUT 30 YEARS AGO. 1994 WE WERE IN SMALL VILLAGE HALL WHEN WE ESTABLISHED THE CONSERVATION AREAS AND EVERYTHING YOU SPOKE TO ON THE PREVIOUS APPLICATION OF SPIRIT AND INTENT OF THE NEIGHBORHOOD HAS AGED WELL THE SPIRIT AND INTENT OF THE CONSERVATION AREAS. HAVE BEEN MAINTAIN, AND WE ASKED THE CITY IT WAS. I CAN'T RECALL THAT THE OLDER I GET TIME GOES QUICKER. I SAY FIVE. IT'S PROBABLY 10 YEARS AGO. THAT THE CITY ACTUALLY CAME OUT AND STATE OF THE CONSERVATION AREAS. UH THIS PATIO AND MR AND REBUILT THE HOUSE. IT WAS ONE OF THE FIRST HOUSES BUILT, THE PATIO ALWAYS ENCROACHED. AND DIDN'T HAVE A PHOTO. IT'S TIGHT IN THAT AREA. CONSERVATION AREAS. IT'S WELL

[01:25:07]

PART OF THEIR PATIO WITH THE FOOTER THAT WAS IN AND THE CITY AT THAT POINT, PRETTY MUCH GRANDFATHER DID. AND, UM SEEN WHAT WE'RE SPEAKING TO THE NIGHT THE SPIRIT AND INTENT. OF THE RESERVE AND THE CONSERVATION AREAS OF ALL INPUT INTACT. JUST REAL QUICK STORY. I LIKE TO TELL IN THAT 1990 FOR PLANNING COMMISSION FIRST HEARING THAT CAME IN AND THERE IS A STENOGRAPHER. THE PLANNING COMMISSION. AND I SAID, MAN, THIS NEW ALBANY PLANNING COMMISSION HAS THEIR ACT TOGETHER AND THEY'RE LOOKING AT ME SAYING, MAN, JOE. BRINGS US STENOGRAPHER TO THE PLANNING COMMISSION MEETING. IT WAS ACTUALLY THE NEIGHBORS. AND NEW ALBANY COUNTRY CLUB TO THE SOUTH. AND THAT'S HOW EVENTUALLY THE CONSERVATION AREA WE WERE GOING TO PRESERVE THOSE TREES. WE RAN THE SEWERS IN THE STREETS ON BOTH CALVERTON SQUARE IN JUNE. L THAT PRESERVE THE TREES IN THE MIDDLE, SO WE THINK WE'VE BEEN GOOD STEWARDS AND ALL ALL THE NEIGHBORHOODS AND THE OAS TO DATE. HELD BANG. GOOD SO GOOD. GOOD NIGHT TO SEE A STENOGRAPHER HERE TONIGHT, SO THANKS, JIM. I JUST HAD A QUESTION. JUST A QUICK QUESTION. AND MAYBE JUST TO CLARIFY, YOU MENTIONED THAT THERE'S AN ARCHITECTURAL REVIEW BOARD THAT JAPAN IS THERE. A SEPARATE EIGHT YEAR LAY THAT HAS TO GO BEFORE OR IS THAT ALL THIS SAYING THAT TODAY? IT IS THE SAME ENTITY THE ALL THAT'S NEEDED WHEN THEY COME TO PERSON THAT THEY'RE BUILDING PERMIT. TO THE CITY. NOW IS THE ARCHITECTURAL REVIEW BOARD'S APPROVAL. SO THERE'S NOT A SEPARATE H L A WITHIN THAT SUBJECT AND THE SAME MAJORITY OF , UH, THREE OF US THAT ARE ON THE AIR B THAT ON THE H O A. OKAY UNTIL THEY SHARE. I STEPPED OUT. ALL PARTIES ARE IN AGREEMENT. PARTIES ARE IN AGREEMENT AND THEIR PERRY'S HAVE SENT OUT LETTERS TO EVERYBODY IN THE NEIGHBORHOOD. SO EVEN PEOPLE BEYOND THE VERY WELL, THANK YOU, OKAY? FROM THE HOMEOWNER THEMSELVES. AND ASIA. GET MY KNEES WORKING HERE. SUSANNA AND CHAD PERRY. GLAD TO BE HERE TODAY. THE CURRENT OWNERS OF. 7823 CALORIES AND SQUARE WHERE THIS PROJECT HAS BEEN RECOMMENDED WE BOUGHT THE HOUSE AND AUGUST MOVED IN SEPTEMBER, 1ST. AND, UH, WE REALLY DIDN'T WE LIVED IN NEW ALBANY FOR QUITE A WHILE. UH, 25 YEARS. BUT WE DIDN'T KNOW EXACTLY WHAT THE PROCESS WAS FOR. GETTING A PROJECT APPROVED. AND SO WE. WE'RE VERY INTERESTED IN THIS PORCH. IT WAS IMPORTANT TO US. WE HEARD AN ARCHITECT. WE KNEW DONE SOME OTHER PROJECTS FOR US.

AND BUT WHEN WE STARTED, WE HAD NO KNOWLEDGE OF PRIOR ACTIVITIES WITHIN THE CONSERVATION AREA, EVERYBODY THAT TO OUR PATIO. NOTHING CAME OUT OF OUR BUM. REPORT OF TITLE AND THE REQUEST WE MADE FOR A PLOT LAYOUT. THE OWNER. WAS SUPPOSED TO GIVE IT THAT CLOSING AND TURNED OUT. HE DIDN'T GIVE IT A CLOSER AND SO THEN WE HAD TO ORDER IT UP AND WE CLOSED AND WE GOT THE FLAT LAYOUT AFTER THE FACT. SO WE DIDN'T REALLY KNOW WHAT WAS GOING ON, AND WE DON'T KNOW OF ANY PERMITTING REQUESTS. WE CAME HERE. ARE. WE MADE THE APPLICATION AND SAID. OH YOU GOT A PERMIT PATIO? HMM. UH, WELL, WE UNDERSTAND THAT PROCESS, BUT THAT WAS A LITTLE SURPRISED. AH

[01:30:07]

THIS PATIO HAS BEEN THERE FOR A LONG TIME. AND, UH, SO. THE LANDSCAPING WAS PUT IN PLACE.

AND THE PATIO. BASICALLY 15 YEARS AGO. SO MOST EVERYBODY. NOT TOO MANY PEOPLE HAVE LIVED THERE LONGER THAN THAT. WE WERE THERE WE WERE THE THIRD HOUSE, I THINK, JOE SAID. BUILT IN THIS MHM RESERVE, AND I THINK THE RESERVE STARTED IN 92. NO FOR PLANT COMMISSION. OKAY SO IT'S BEEN THERE A LONG TIME, BUT APPARENTLY THE PATIO WASN'T DONE WITH PLANNING REQUEST. AS A PROFESSIONAL ENGINEERING C P A AND AS A CLINICAL PSYCHOLOGIST WERE PRETTY AWARE OF. DATA NECESSARY. TO FILED TIMELY DOCUMENTATION FILINGS DUE PROCESS. YEAH. IT'S DIFFICULT TO APOLOGIZE FOR SOMEBODY ELSE THEN , BUT WE APPRECIATE THAT YOU'RE LISTENING TO OUR REQUEST TODAY, AND WE UNDERSTAND THAT WHAT YOU SAY WE'VE GOT TO FOLLOW, BUT I'M FOR A CUP, OF COURSE, HOPING THAT BASED ON THE PERMITS WE PUT FORWARD IN THE DRAWINGS ARE ONCE YOU HEARD TODAY, WHAT'S YOUR PEOPLE ARE ABLE TO REVIEW AH. WELL. GET YOU TO THE POINT WHERE YOU CAN APPROVE THIS REQUEST.

NOW WE DIDN'T BRING UP BUT WE KNOW THAT A LOT OF OUR NEIGHBORS SENT LETTERS. THEY DON'T SEND COPIES TO US. AND I KNOW YOU DIDN'T MENTION AND HE BUT AS FAR AS I KNOW ANYBODY AND THE NEIGHBOR THAT CAN SEE OUR PATIO HAS SENT A POSITIVE LETTER. WE TALKED TO MOST OF THEM AND THEY CAME OVER AND SAID, WHAT'S GOING ON? IT'S A GREAT OPPORTUNITY. THANK YOU FOR WE MET OUR NEIGHBORS A LOT EARLIER KIND OF LITTLE EXTRA SCOTCH. ABOUT A COUPLE OF, UM BUT IMPORTANTLY, UH. EVERYBODY THAT CAN SEE THE PATIO. OR THE PORRIDGE IS COMFORTABLE WITH IT. THERE'S NO H V A. C IN THERE. THERE'S NO WATER. THERE'S NO SEWER. IT'S A SCREENED IN PORCH. HAVE A AH! TIN ROOF ON AT THAT WILL BLEND IN WITH THE REST, SO WE'RE PRETTY HAPPY WITH WHAT GOES AND WE HAVE A LOT OF LETTERS FROM OTHER PEOPLE WITH 200 WITHIN. 200 FT THAT CAN SEE THE PATIO THAT ARE YOU HAVE SENT LETTERS AND SAID, HEY, WE'RE PRETTY HAPPY WITH. SO WE THANK YOU FOR LOOKING AT THIS FOR CONSIDERING SOMETHING FOR UNDERSTANDING. SOMETHING'S BEEN THERE A LONG TIME. BUT BUT IF YOU DECIDE WE GOT TO DO WITH THIS WE KNOW JOHN THE TABLE NOW AND WE'RE READY TO DO WHAT'S NECESSARY. SO IF YOU HAVE ANY QUESTIONS WHERE WE'RE READY, UM, DON'T HAVE A QUESTION . DO YOU HAVE A COMMENT AS SOMEONE WHO IS FOLLOWING THIS STUFF WHEN THIS PLANET WAS PUT IN, UM THE CONSERVATION EASEMENT FOR THE RESERVE IS ONE OF THE STRONGER ONES IN ALL OF NEW ALBANY IN TERMS OF PROTECTING NATURAL WILDLIFE. IT'S WHAT YOU GET WHEN YOU HAVE A LANDSCAPE ARCHITECT DOING YOUR DESIGN INSTEAD OF THE REAL ESTATE DEVELOPER DOING THE DESIGN. UM SO MY COMPLIMENTS TO JOE FOR THAT BECAUSE I'VE BEEN BEATING NICKNAMED THE NORTHERN THE COMPANY UP WITH IT. EVER SINCE, UM AND MY UNDERSTANDING IS THAT YOU'RE NOT EVEN ALLOWED TO MOW THE GRASS. IN THERE AND THAT YOU'RE NOT EXPECTED TO PUT GRASS IN THOSE EASEMENTS THAT THE UNDERSTORY THIS IS ONE OF THE FEW WHERE THE UNDERSTORY GETS TO STAY. AND I, WE'VE HAD PROBLEMS EARLIER IN FRONT OF PLANNING COMMISSION WHERE PEOPLE HAD UH, MODOFF. EVERYTHING THAT WASN'T A TREE, PLANTED GRASS SEED AND THEN FOUND OUT AFTER THE FACT THAT WHAT THEY HAD JUST DONE WAS A ZONING VIOLATION IN THE RESERVE. UM IT'S HAPPENED PERIODICALLY. IT'S ONE OF THE REASONS WHY THEY RESERVED GOT MARKED WAS SO PEOPLE WOULD KNOW WHERE THE DON'T MESS WITH IT ZONE STARTED, AND SO RATHER THAN A GRASSY YARD, IT'S MEANT TO BE THE WOODS. UM BUT AT LEAST THAT'S HOW IT GOT PRESENTED. PLANNING COMMISSION THAT IT WOULD BE IN ITS NATURAL STATE.

YOU'VE GOT SOME REALLY, REALLY GORGEOUS TREES BACK THERE. UM AND ALL THE REST OF THE UNDERSTORY THAT SUPPORTS IT. NOT ALLOWED UNDER STORY WHEN YOU GOT THAT MUCH CANOPY, BUT IT'S STILL SUPPOSED TO BE LEFT AS IT IS, UM , CAN SOMEONE READ THAT NOTE? I THINK IT'S LIKE NOTE F ON THE I

[01:35:06]

YEAH. YEAR AND YOU WERE TREE. RIGHT. SO, UM THERE IS. REALLY, REALLY MINIMAL FOLDER RIGHT THERE. OH, MAN. AND THE TREES FOR PRIVACY. AND UM, I KNOW IT'S A PROMISE THAT WILL PUT IT RIGHTLY TRUTH. UM, I LOVE TREES. AND WE'RE GOING TO HAPPEN TO FRED TREATS. AND YEAH, OKAY. SO THERE IS THE AREA THAT THE PROOF? OH, YEAH. PRETTY GREEN. WE LOOKED HERE. HMM HOUSE DURING THE SUMMER SOMEWHERE IN THE BACKYARD, SO PRETTY COOL. I WOULD LIKE TO ONE MORE THING TO THE SPIRIT OF WHAT WE'RE DOING THIS IT WOULD IMPROVE OUR VOLUME LIFE, UM, BECAUSE IT WOULD BE LESS THAN MY BOSS. AND I KNOW WE LOOK VERY PROPER AND NO PROPER. YEAH BUT I'M 60 YEARS OLD. MY HUSBAND'S 80 YEARS OLD. WHEN BUGS BITE US, IT TAKES MONTHS TO HEAL. UM IT WOULD REALLY HELP US OUT TO HAVE ITS FAILURE. THAT IS THE MAIN PURPOSE OF HAVING THE DESIGN OF SPRING. THANK YOU WERE OUT THERE PEOPLE. SHE GREW UP IN THE OPPOSITE AUSTRIA AND I GREW UP. IN THE IN THE ADIRONDACK. SO LIKE A CLASSIC, SO WE SPENT A LOT OF TIME OUTSIDE ON OUR PORCH OR ARCHITECT TALKED ABOUT UM, PROBABLY 11 MONTHS A YEAR. OR BUNDLED UP IN BLANKETS. WE DO OKAY. THANK YOU. VERY MUCH.

QUESTIONS ARE COMING FROM COMMISSION MEMBERS. I'M GOOD. AND YOU WOULD JUST SAY THANK YOU FOR GETTING THE NEIGHBORS GETTING JOE AND GETTING ALL THE EXTRA COMMUNICATIONS. THERE'S GREAT PEOPLE IN THAT NEIGHBORHOOD, AND JOE BUILT A BEAUTIFUL AREA. THANKS. WE'RE GLAD TO BE THERE. THANK YOU. THANK YOU FROM THE PUBLIC HAVE ANY QUESTIONS OR COMMENTS? SO FOR THE COMMISSION, I WOULD PREFER IF WE HAVE TREATIES ARE TWO VERY SEPARATE VARIANCES FOR THE REASONS THAT YES, MORMONS MOVE ON THEM SEPARATELY. SO BEFORE WE MOVE ON EITHER OF THEM

[01:40:03]

104 2023. DO I HEAR A SECOND ON THE DOCUMENTS? ALL SET. GO AHEAD. SECOND FOR DAVE AND DISCUSSION ON THE DOCUMENTS MOTION. OH, PLEASE, MR. KIRBY, MR WALLACE SHELL BRIGGS. MR LARSON? YES PASSES WITH FIVE VOTES TO ADMIT THE DOCUMENTS. OKAY BUT A SEPARATE THE VARIANTS INTO THE A AND B PARTS. SO A PART IS THE OPEN PAPER PART YOU WANT TO DO THEM IN THAT ORDER? LET'S DO IT IN THAT ORDER. ANY FURTHER DISCUSSION ON THE A PART OF THE VARIANTS OF THE EXISTING PAPER PATIO. I DON'T HEAR A MOTION FOR THE A PART OF VARIANTS ONE OF FOUR I'LL MOVE TO RECOMMEND APPROVAL OF APPLICATION V A R DASH 104-20 TO 3 VARIANTS A TO ALLOW THE EXISTING OPEN PAVER PATIO TO ENCROACH A PLANET CONSERVATION CONSERVATION AREA BY 9 FT. YOU HEAR A 2ND 2ND 10. AND DISCUSSION ON THE MOTION FOR THE A PART. YOU CAN HEAR THE ROLE, PLEASE, MISS BRIGGS. YES MR SCHELL, MR WALLACE. YES. MR LARSON? YES. MR KIRBY? YES.

MOTION PASSES WITH FIVE VOTES IN FAVOR OF VARIANTS A AND FOR THE RECORD NOW WE NORMALLY ARE WHEN WE DENY A VARIANCE. WE SAY WHY I'M GOING TO SAY WHY I APPROVED THIS. YOU DIDN'T DO IT IS WHAT IT BOILS DOWN TO HAVE YOU COME TO US AND IT WAS YOUR OWN DOING. I WOULD HAVE VOTED NO, THAT THE WHOLE NEIGHBORHOOD GOT PUT TOGETHER WITH THAT THERE. AND IT WAS TWO OWNERS AGO AND THAT'S A LONG WAY TO FIX SOMEBODY ELSE'S MISTAKE, AND IT'S NOT THAT EGREGIOUS. I DON'T KNOW IF ANYONE ELSE HAS SIMILAR COMMENTARY. I AGREE WITH NIELS ASSESSMENT AND MYERS SPOKE WAS FOR THE SAME REASONS AGREE AS WELL. PROMOTION FOR THE B PART. I'LL MOVE TO RECOMMEND APPROVAL OF APPLICATION V A. R DASH 104-20 TO 3 VARIANTS B TO ALLOW A SCREENED PORCH HOME EDITION TO ENCROACH INTO THE MINIMUM REAR YARD SETBACK AND A PLANET CONSERVATION AREA BY 4 FT. TO YOUR SECOND ON THE B PART MOTION. THE SECOND TIME. IN DISCUSSION ON THE MOTION FOR THE PORCH. OKAY I WANT TO MAKE ONE COMMENT ON THIS HEAD AS I LOOK AT ONE OF THE COMMENTS WAS THAT THE EXISTING FIREPLACE PORTRAYING OUT IS WHAT'S PUSHING THIS OUT. BUT IN THE PLAN THEY'RE PUSHING IT EVEN FURTHER. ANOTHER 1 FT EGG. IN ADDITION TO ITS EXISTING, WHICH IS PARTLY PUSHING THIS BRETHREN TO THE CONSERVATION AREA, SO I WANNA MAKE THAT OBSERVATION. ANY OTHER DISCUSSION ON THE MOTION BEFORE WE HAVE A BOAT. CAN WE JUST CLARIFY WITH BRUCE SAID. UM HE'S TALKING AND WE LOOK AT THE BACK OF THE PLAN WILL SEE THE FIREPLACE JUMPS OUT. YEAH.

CIRCULATION PROTRUDE PAST THE EXISTING SO THIS EXISTING PROTRUDES OUT. AND THAT WAS ONE OF THE JUSTIFICATIONS. BUT THEN THEY'RE BUILDING OUT AN ADDITIONAL QUESTION FURTHER THAN EVEN WITH THE EXISTING THAT'S SO THAT'S ONE OF NELSON. YEAH I THINK YOU PROBABLY BETTER. YEAH.

CURRENTLY THAT CHIMNEY PROJECTS OUT, AND THEN THERE IS A BUILT IN GRILL. UM AT THE BACK OF THAT WE'RE TAKING THE BUILT IN GRILL AND TRANSFORMING IT INTO A FIREPLACE THAT FACES THE SCREEN PORCH. THAT'S THE ONE FOR EIGHT. THAT'S THE REASON FOR THAT. OKAY SO THERE'S SOMETHING THERE ALREADY? YES OKAY. ARE WE CLEAR? GIVE YOU CAN HEAR THE ROLE IN THE B PART. BRIGGS. YES MR SCHELL? YES. MR WALLACE? NO. MR LARSON? NO MR KIRBY. THE MOTION FAILS WITH THREE WITH TWO VOTES IN FAVOR. AND THREE VOTES AGAINST. UNLIKE THE PRIOR ONE, THIS ONE IS TOTALLY UNDER THE OWNER'S CONTROL. UM AND DOES NOT NEED ANY OF IN MY OPINION DOES NOT MEAN ANY OF THE OTHER DUNCAN CRITERIA REGARDING UM SALE. WILL IT REASON WILL IT YIELD A REASONABLE RETURN? THE HOUSE HAS

[01:45:01]

AND IT'S A DESIRE AND THEY DID GET. THE LETTERS FROM THE NEIGHBORS, IT WILL BE MORE ATTRACTIVE. TO THEM. THEN THEY'RE RETRACTABLE. I MEAN, THAT COMES IN AND OUT. THERE WAS A NICE RETRACTOR BONDING BUT STILL PUTTING THE STRUCTURE HERE WITH A AH, NOT A ROUGH. STONE MASONRY AND STUCCO THAT MATCHES THE INTENT OF THE NEIGHBORHOOD. YOU KNOW THEY RECEIVED OUR APPROVAL FROM THE ARCHITECTURAL REVIEW BOARD THAT'S IN THE MONEY. WITH THE NEIGHBORHOOD AND THAT THAT'S THE COMMENT I WILL MAKE. I DON'T FOLLOW THE LOGIC. OKAY, THAT WAS THERE. BUT GOING VERTICAL. IT DOESN'T CHANGE ANYTHING. IT'S ALSO A NEW INTRUSION. IN THE END OF THE EASEMENT. IT'S A IT WITH INTENT, AND IT'S IN FRONT OF US. IT'S NOT REALLY A NEW INTRUSIONS. IT IS PATIO IS INTRUDING. RIGHT IF YOU'RE SAYING THE VERTICAL, IT IS BUILDING SOMETHING IN THE ZONE THAT'S NOT ALLOWED IN THE ZONE. ON TOP OF SOMETHING THAT'S ALREADY YOU JUST PROVED. AGREED.

YEAH I DON'T THINK, UM. THERE'S NOT ANOTHER CASE. IF YOU CAN PULL BACK UP THERE, IT'S THAT WE

[01:50:09]

WE'RE NOT TELLING THEM GO RIP UP YOUR LOVELY PATIO THAT YOU BOUGHT AND PAID FOR AND THOUGHT IT WAS SUPPOSED TO BE THERE. OKAY UNDERSTOOD QUESTION OF INTENT MORE THAN ANYTHING ELSE.

GIVEN THE CURRENT SITUATION ON THE GROUND, ANOTHER SOMETHING THAT'S UNIQUE ABOUT THIS APPLICATION. SO THE LAST VARIANTS I SORT OF PLANNING COMMISSION MAKES THE FINAL. UM UH, HEARING AND APPROVAL OR DENIAL, WHICH IS PRETTY MUCH ALWAYS THE CASE. HOWEVER, IN THIS CASE, THIS IS THE EXCEPTION AND NOT THE RULE SINCE THE RESERVE, I THINK AS IF NOT THE OLDEST, ONE OF THE OLDEST PDS WE HAVE IN THE CITY. IT DOES SAY THAT'S VARIANCES GO BEFORE THE PLANNING COMMISSION FOR RECOMMENDATION. NATION TO COUNCILS. THIS VARIANCE, SO THE APPROVAL PROCESSES AND OVER YET SO THIS CAN MOVE FORWARD TO COUNSEL IF HE'S SO ELECTS. AND THEY WILL TAKE THIS CONVERSATION AND THE PLANNING COMMISSIONS MOTIONS INTO CONSIDERATION TO DO THE FINAL REVIEW. UM AND I GOT SOME APPROVAL. THANK YOU, FRED. AND YOU ARE CORRECT. THIS IS THE OLDEST PEUT UNDER VILLAGE ZONING. OH I GUESS THE ONE DANCER YOUR CONCERN SETTING PRECEDENT SO THE PRESIDENT JOE SAVE THAT FOR COUNSELING COUNSELING. WE CAN'T WE CAN'T RECONSIDER THE VOTE WITHOUT A VOTE OF THE PEOPLE WHO SAID NO SO THE THAT THAT LOCATION IS DONE HERE. COUNCIL GETS A SHOT AT IT, UM AND FEEL FREE TO MAKE YOUR CASE AND IT WON'T BE THE FIRST TIME THAT WE'VE BEEN OVERTURNED, EITHER. SO UM, COUNCIL DOESN'T ALWAYS AGREE WITH US. WITH THAT. APPRECIATE THAT. MY MONEY. GET THAT GAVEL OUT. YEAH WITH THAT.

LET'S RESUME. NEXT ITEM ON OUR AGENDA IS ZONING CHANGE. 1 25 2023. CAN WE HEAR FROM STAFF, PLEASE? GOOD EVENING, SO. THESE TWO PARCELS ARE LOCATED ALONG JOHNSTOWN GROUP OF U. S ROUTE STATE ROUTE. 62 AND THE SITES ARE LOCATED AT THE SOUTHWEST CORNER OF JOHNSTOWN ROAD AND THOMPSON RUTH. THE PRIMARY PROPERTY IS DEVELOPED WITH A GARDEN CENTER OVER TOP HERE. AND THE RESIDENTIAL PROPERTY IS JUST ADJACENT TO THIS GARDEN CENTER. THE ZONING TEXT PERMITS ALL EXISTING OPERATIONS OF THE OPEN NURSERY, INCLUDING LAWN AND GARDEN CENTERS, GREENHOUSES AND RETAIL SALES OF PLANTS ARE LIVING ORGANISMS. THERE ARE ALSO LIMITED SPECIAL EVENTS USE SPECIAL EVENT USES FOR THE PROPERTIES SUCH AS TEMPORARY OUTDOOR FESTIVALS AND FARMERS MARKETS THAT WILL OPERATE IN CONJUNCTION WITH AND DURING THE HOURS OF OPERATION OF THE BUSINESS. IN ADDITION, THE ONE SINGLE FAMILY HOME WILL BE USED AS AN ACCESSORY USED TO ANY PERMITTED USE RESTRICTED HOUSING FOR EMPLOYEES ABUSE OWNER INTERIOR STORAGE OF SUPPLIES, MATERIAL GOODS AND OTHER ASSOCIATED ITEMS WITH THE PERMITTED USE EXTERIOR STORAGE IS STRICTLY PROHIBITED. AND THE PROPOSED ZONING TEXT IS SILENT ON ARCHITECTURE STANDARDS.

THEREFORE THE DESIGN GUIDELINES AND REQUIREMENTS APPLY TO THE ZONING DISTRICT. THIS APPLICATION INCLUDES THE REVIEW OF A PARKING LOT EXPANSION AND CONJUNCTION WITH AND AS PART OF THE REZONING APPLICATION, SINCE THE SITE IS ALREADY SUBSTANTIALLY DEVELOPED. IT SHOULD BE NOTED THAT THE SINGLE FAMILY HOME SHALL PROVIDE, UH, EMPLOYEE PARKING ONLY. THE PARKING LOT IS ON THE RESIDENTIAL HOMES PROPERTY, AND IT'S LOCATED BESIDE AND BEHIND THE HOME. YOU CAN KIND OF SEE IT WILL GET A LITTLE CLOSER IN A MINUTE. BUT THIS IS THE RESIDENTIAL HOME AND THEN YOU'VE GOT THIS EDITION AND BEHIND IT. THE. THE APPLICANT PROPOSES, IN ADDITION OF 78 PARKING SPACES FOR A TOTAL OF 118 SPACES. IN ADDITION, THE PROPOSED PARKING LOT MEETS ALL CITIES STAND THEIR MINIMUMS, AND THERE WILL BE NO PARKING LIGHTS ADDED TO THE EXPANSION. AS PART OF THE PARKING LOT EXPANSION, THE APPLICANT HAS PROVIDED A LANDSCAPE PLAN THAT SHOWS THE REQUIREMENTS FOR THE LANDSCAPING AND BUFFER ALONG THE RESIDENTIAL AND PUBLIC STREET BOUNDARIES. THE WESTERN BOUNDARY OF THE BUSINESS HAS A RESIDENTIAL SINGLE FAMILY HOME. AND THE APPLICANT WILL BE SCREENING THE BOUNDARY WITH THE STANDARD 75%

[01:55:05]

THE APPLICANT INDICATES THAT THE REMAINDER OF THE BOUNDARY LINE CONTAINS EXISTING LANDSCAPE THAT MEETS THE CITY CODE REQUIREMENT. THE EAST BOUNDARY LINE OF THE BUSINESS THAT ABUTS JUMPED JOHNSTOWN ROAD. WELL, I HAVE SHRUBS ALONG THE PUBLIC STREET. IN ADDITION, THERE WILL BE OTHER LANDSCAPING TREATMENT IN FRONT IN THE FRONT YARD OF THE RESIDENTIAL HOME IN ORDER TO KEEP THE RESIDENTIAL CHARACTER OF THE JOHNSTOWN ROAD CORRIDOR. ALSO THE CITY LANDSCAPE ARCHITECT HAS REVIEWED AND APPROVED THE PROPOSED LANDSCAPING PLANS. THE CITY LANDSCAPE ARCHITECT RECOMMENDS THAT ADDITIONAL SCRUBS BE PROVIDED ALONG THIS EVENT TERMINUS OF THE LUNGS, SO THAT WOULD BE JUST RIGHT HERE IN THIS CORNER. TO PROVIDE FOR ADDITIONAL HEADLIGHTS. SCREENING STAFF RECOMMENDS A CONDITION OF APPROVAL THAT THIS LANDSCAPE BE ADDED. THE REZONING APPLICATION ALLOWS FOR THE CONTINUED OPERATION OF THE EXISTING GUARDING CENTER BUSINESS AND ENSURES IT IS CONSISTENT WITH THE SPIRIT AND INTENT OF THE CITY CODIFIED ORDINANCES AND STRATEGIC PLAN STANDARDS. OAKLAND NURSERY IS AN ESTABLISHED LONGSTANDING BUSINESS WITHIN THE COMMUNITY, AND THIS REZONING SUPPORTS ITS CONTINUED GROWTH. BY EXPANDING THE PARKING LOT AND ALLOWING FOR ACCESSORY USES, SUCH AS PRODUCT STORAGE, EMPLOYEE PARKING AND HOUSING SEASONAL STAFF IN THE ADJACENT RESIDENTIAL HOME PURCHASED BY THE BUSINESS OWNER. ALTHOUGH THE USE OF THE RESIDENTIAL HOME IS CHANGING TO COMMERCIAL, THE EXTERIOR OF THE HOME WILL BE PRESERVED TO KEEP THE RESIDENTIAL CHARACTER OF THE JOHNSTOWN CORRIDOR. AT THIS TIME, YOU STEP WILL TAKE QUESTIONS. THANKS ANY ENGINEERING? AND SHARING HIS THREE COMMENTS. PLEASE PROVIDE DETAILED SITE PLAN TO SHOW DRAINAGE INTO THE EXISTING BASIN. PROVIDE A STORMWATER REPORT THAT EXISTING BASIN MEANS ALL WATER QUALITY AND QUANTITY CONTROL REQUIRED, AS INDICATED BY THE CITY CODE AND TO PROVIDE LEGAL DESCRIPTION AND EXHIBITS THAT SHOW THE RIGHT AWAY. DEDICATIONS IN ACCORDANCE STRUGGLES STRATEGIC PLAN. THANK YOU COME HERE FROM AFRICA. THANK YOU, NEIL. ERIN UNDERHILL WITH UNDERHILL AND HODGETT, 8000 MORTON PARKWAY AND THE WALL BENEATH REPRESENTING OAKLAND NURSERY. MARK REINER. OPEN NURSERY IS HERE WITH ME AS WELL. UM JUST A FEW QUICK BACKGROUND ITEMS HERE PUBLIC. SOME OF YOU WERE SURPRISED THE KNOW THAT THIS, UH PROPERTY WAS NOT AT HOME HAS BEEN IN THE CITY FOR SOME TIME, BUT ACTUALLY OAKLAND NURSERY RETAIL OPERATION AND NURSERY OPERATION HAS BEEN IN THE TOWNSHIP. YES, AND WE ALL RECALL MAYBE 1213 YEARS AGO, WHEN THIS PROPERTY WAS PURCHASED BY OAKLAND, IT WAS IN A LITTLE BIT OF DISREPAIR AND DIDN'T REALLY LOOK VERY NICE, BUT WE KNOW OAKLAND NURSERIES KIND OF BECOME AN INSTITUTION HERE AND YOU KNOW, WE ALL WE ALL I'M SURE VISIT THAT FACILITY VERY OFTEN AND THEIR FREQUENT PATRONS OF IT, AND I'M SO IT'S BEAUTIFUL PROPERTY. SO UM, ONE OF THE ONE OF THE WHEN MARK APPROACHED ME AND ASKED ME HOW HE COULD ADD SOME ADDITIONAL PARKING I SAID, WELL, LOOK, WE'VE GOT WE'VE GOT A BIG ISSUE HERE WITH HAVING PROPERTY AND TWO DIFFERENT JURISDICTIONS WOULD BE MUCH EASIER TO BRING IT INTO THE CITY. AND TRY TO ADD PARKING THAT WAY. UM AND SO WE ARE. WE DID GET THE ANNEXATION APPROVED BY COUNCIL. SO THE NON RESIDENTIAL COMPONENT OF THIS THAT ANNEXATION WILL BE LEGALLY EFFECTIVE. I THINK ON FRIDAY, UH , SO WHEN I SAT DOWN TO WRITE THIS ZONING, UM YOU KNOW, IT'S ALWAYS A LITTLE BIT MORE DIFFICULT TO WRITE A ZONING FOR SOMETHING THAT EXISTS BECAUSE YOU DON'T WANT TO PAINT YOUR CLIENT INTO A CORNER OR WRITE SOMETHING THAT DOESN'T REALLY REFLECT EXISTING CONDITIONS. SO UM, YOU KNOW, FIRST THOUGHT I HAD WAS WELL, MAYBE WE JUST ZONE THIS INTO LIKE A C TWO CATEGORY AND MAKE IT A STRAIGHT ZONING DISTRICT. BUT IN MY MIND THAT DIDN'T WORK BECAUSE WE DON'T THINK YOU AS A COMMISSIONER OF THE CITY WOULD WANT THIS TO BE ANOTHER TYPE OF RETAIL USE THAT MAY BE PERMITTED UNDER THAT CATEGORY. SO MOST OF WHAT YOU SEE IN THE TEXT HERE IS INTENDED TO ACCOMMODATE THE USES AS THEY OPERATE TODAY. UH IT IS INTENDED TO SORT OF GRANDFATHER AND EXISTING IMPROVEMENTS AND CONDITIONS, BUT AND TO THE EXTENT THAT ANY SIGNIFICANT MODIFICATIONS THAT WE NEEDED IN THE FUTURE THEY WILL HAVE TO COMPLY WITH THIS TEXT AND THE SETBACKS AND OTHER THINGS THAT GO ALONG WITH IT. ONE AND ALSO MAKE SURE THAT THERE WASN'T AN ATTENDANT UNINTENDED CONSEQUENCE WITH WITH SOME SORT OF A REPLACEMENT USE HERE IN THE FUTURE, THAT MIGHT BE BIGGER THAN WHAT WE HAVE HERE, SO I'VE HAVE LIMITED SQUARE FOOTAGE TO OF A BUILDING TO 8000 SQUARE

[02:00:03]

THEY DIDN'T TO MY KNOWLEDGE. WE SAY THEY NEVER PICKED UP THE PHONE AND CALLED ME YOU KNOW, THE TYPES OF THERE'S A LONGSTANDING ANNEXATION AGREEMENT BETWEEN PLAIN TOWNSHIP IN THE CITY AND IT ALLOWS THESE THINGS TO HAPPEN, SO WE DIDN'T NOTIFY THEM. I'M SURE THEY WOULD HAVE PREFERRED FOR IT TO STAY. BUT, YOU KNOW, UM BEING THAT WE HAVE THIS OTHER PROPERTY WAS CONTROLLED BY OAKLAND. IT MADE SENSE TO REALLY YOU KNOW, WE COULDN'T WE COULDN'T BRING THE ONE PROPERTY BACK INTO THE TOWNSHIPS, SO WE HAD TO GO THE OTHER WAY WITH IT. BUT THE CITY ALSO PROVIDES SERVICES THAT THE TOWNSHIP CAMP AND THERE'S THERE IS SOME EXPENSE THAT GOES ALONG WITH THIS, SUCH AS MARK IS GOING TO HAVE TO HOOK UP THE SANITARY SEWER, FOR INSTANCE. UM SO THAT DEMONSTRATES KENNEDY IMPORTANCE OF THIS PARKING TO THE FACILITY THAT THEY'RE WILLING TO BEAR THAT EXPENSE AS WELL. THANK YOU. AND THE 2% INCOME TAX, RIGHT? RIGHT THAT'S A GOOD POINT. YEAH.

OKAY, UM. HAVE A QUESTION, PROBABLY FOR MORE FOR STAFF. SO THIS IS IN A STRATEGIC PLAN.

THIS IS ACTUALLY RESIDENTIAL. LOOKING TO PROVE SOMETHING THAT'S NOT RESIDENTIAL. HOW DOES THAT WORK? DOES THE STRATEGIC PLANNING GET UPDATED OR WHAT IS IN ORDER TO REFLECT THIS OR WE APPROVING SOMETHING THAT'S NOT REFLECTING THE MEMBERS? STRATEGIC YEAH, THAT'S A GREAT QUESTION, SO THE STRATEGIC PLAN RECOMMENDS FUTURE FUTURE LAND USES FOR ONE PROPERTY GETS REDEVELOPED. AND SO THERE'S NOTHING. THAT STRATEGIC PLAN THAT SAYS, YOU KNOW, THAT'S LIKE ONCE A PROPERTY GETS BROUGHT IN THAT THEY SORT OF HAVE TO CEASE AND DESIST OPERATIONS. YOU KNOW, CERTAINLY THIS IS I WOULD SAY IT IS A LANDMARK. BUSINESS AND THE COMMUNITY. AND CERTAINLY I WOULD SAY THAT THE STRATEGIC PLAN FROM YOU KNOW, HAVING A MIXTURE OF USES THIS IS, YOU KNOW, MEETING THAT INTENT OF CREATING SOME OF THAT COMMUNITY, BUT THE RESIDENTIAL LAND USE SPECIFICALLY AS A FUTURE LAND USE. SO THAT HAS TO MEAN THAT IF YOU KNOW, GOD FORBID THAT THIS BUSINESS SHOULD CLOSE DOWN, YOU KNOW, AND, AS ERIN SAID, THERE'S THINGS PUT IN PLACE HERE THAT YOU KNOW RESTRICTS OTHER USES. SO IF THERE WERE TO REDEVELOP AND GET RE ZONED IN THE FUTURE THAN THE STRATEGIC PLAN RECOMMENDS, IT WOULD GO TO A RESIDENTIAL USE INSTEAD OF SOME OTHER TYPE OF BUSINESS. OKAY? THANK YOU. COUPLE OF CLARIFICATIONS AND THE STAFF REPORT ON PAGE FOUR. FIRST PARAGRAPH AT ITS MARCH 5 2ND CHANGE EXISTING CHANNELS, TRIBUTARIES, THE ROCKY FORK CREEK, CAN WE POINT THAT OUT? I WAS TRYING TO WORK OUT. WHERE THAT WHERE IS THAT? YES. SO IT'S . IT'S ROUGHLY THROUGH THIS BACK AREA RIGHT HERE. KIND OF SEE THE

[02:05:02]

HMM. YES IT'S GRANDFATHER DON'T HAVE A PROBLEM WITH IT BEING GRANDFATHER. UM WHAT IT'S MADE IN PERPETUITY. UM SO. ANY NEW CONSTRUCTION MODIFICATIONS SHOULD BE REQUIRED TO COMPLY WITH THEIR APPARENT COURT OR REQUIREMENTS. UM WHAT WOULD THE REQUIRED WHAT WOULD THOSE REQUIREMENTS BE FOR THIS BRANCH OF THE ROCKY FORK? SO OUR TYPICAL REPAIRING CORRIDOR IS 50 FT ON EACH SIDE FROM THE CENTER LINE OF THE STREAMING SO THAT CAN BE MOVED SO IT CAN BE AS LITTLE AS 25 ON ONE SIDE. BUT THE TYPICAL 50 FT ON EACH SIDE OF THE CREEK FROM CENTERLINE.

OKAY AND FOR THE APPLICANT WHAT THAT MEANS, IF I READ THIS, RIGHT IS YOUR HANDS ARE REALLY REALLY TIRED THERE, BECAUSE AS SOON AS YOU TOUCH IT, YOU LOSE A WHOLE PILE OF WAY AND TO THE RIGHT. PERRY IN CORRIDOR. THAT'S THAT'S RIGHT. AND YOU KNOW, THIS IS THIS IS ONE OF THOSE ISSUES THAT YOU KNOW WE WOULD LOVE TO WRITE IN SOMETHING THERE THAT WOULD GIVE US THE ABILITY TO DO WHATEVER WE LIKE IN THE FUTURE WITH THESE MODIFICATIONS, BUT I'M NOT SURE YOU WOULD BUY THAT.

IT'S DIFFICULT TO PREDICT THE FUTURE. WE KNOW WHAT IT IS. SO I THINK IN THE FUTURE WERE THAT TO HAPPEN. MY ADVICE TO OAKLAND NURSERY WOULD BE, YOU KNOW, COME SEE ME FIRST. AND LET'S WORK WITH STAFF AND SEE IF THEY'RE YOU KNOW IF WE DO NEED TO MAKE SOME SORT OF ENCROACHMENT INTO THE TYPICAL REQUIREMENTS, WHICH FUNDED JUSTIFICATION AT THAT TIME, BUT IN THE MEANTIME, WE'LL HAVE TO LIVE WITH IT IF WE CAN'T DO THAT. RIGHT BECAUSE IT'S UM. IS FINE THE WAY IT IS. IT'S ONE OF THOSE CASES OF TOUCHING AND ALL OF A SUDDEN NAME AVALANCHE OF YOU MUST NOW DO AND YOU CAN NO LONGER DO GETS OPENED UP. UM I'M FINE WITH BEING THAT WAY. I WANT TO MAKE SURE THE APPLICANT IS CLEAR ON THAT BECAUSE GETTING STREAM CORRIDORS BACK IS ONE OF THOSE WHENEVER WE CAN. WE'LL TAKE AND GET THE STREAM QUARTERS BACK BECAUSE THERE PART OF WHAT MAKES THE VILLAGE SUCH A NICE PLACE TO LIVE. UM SO THERE'S A TRAIL ON THE OTHER SIDE OF THOMPSON AS I RECALL. AND SO THERE'S LECTURE TRAIL EXISTING ANOTHER SIDE. YES. ON THE NORTH SIDE OF THOMPSON ROAD. YEAH IS THERE ANY CONTEMPLATION OF MEETING ONE ON THIS SIDE OF THOMPSON? THERE IS WE HAVE CONTEMPLATED THAT OUR ENGINEERS HAVE REVIEWED THAT ONE OF THE COMMENTS IS TO DEDICATE ADDITIONAL RIGHT OF WAY AND EASEMENTS ON THE SOUTH SIDE OF THOMPSON ROAD, SO THAT WOULD HAVE TO GO IN IF AND ONE ADDITIONAL DEVELOPMENT OCCURS ON THIS SIDE OF THE OVERALL CAMPUS AND BUSINESS ON THIS SIDE, SO THE INSTALLATION OF LEISURE TRAIL PER CODE HAS TO HAPPEN WHEN THIS OTHER IMPROVEMENTS HAPPENING TO THE SITES. SO IN THIS CASE, UM THERE'S A PARKING LOT ON HERE. BUT SINCE IT FRONTS JOHN'S TOWN, THERE'S NO LEISURE TRAIL REQUIRED JUST BECAUSE IT'S ALREADY INSTALLED ALONG THE SECTION OF JOHNSTOWN ROAD. AND THIS IS NOT ALLEVIATE THEIR NEED TO KEEP IT THERE. THAT THEY'RE NOT ALLOWED TO PULL THAT TRAIL UP AND THEY'VE GOT TO KEEP IT TO KEEP IT. MHM YEAH, THEY'VE SITUATED THE PARKING TO MEET THE SETBACKS AS WELL. SO THERE'S NO IMPACT ALONG JOHN'S TOWN ROAD OR THOMPSON, FOR THAT MATTER. THERE'S ALREADY HORSE BENDS. WE SHOULD TRAIL, OTHER LANDSCAPING. AND SO THE SITE HAS BEEN LAID OUT AS SUCH THAT THERE'S NO IMPACT THAT THAT CORRIDOR TREATMENT ALONG JOHNSTOWN ROAD, PART OF MY DAILY SUMMERTIME BICYCLE ROUTE, UM TO THE AFRICAN. THERE IS NO PROBLEM WITH DEDICATING RIGHT AWAY FOR THAT. THOMPSON NO, I WAS LIKE, YOU KNOW, AND I THINK WE'VE MADE IT CLEAR WE JUST UNDERSTANDING THAT REDUCES THE PRACTICAL SETBACKS ON THE SITE FROM THE EDGE OF THE RIGHT AWAY BECAUSE OF WHERE CURRENT IMPROVEMENTS EXIST, BUT MORE WILLING TO DO IT, AND, UM, YOU KNOW, HERE AGAIN IN THE FUTURE OF THINGS, CHANGE WILL WILL BE MEASURING SETBACKS FROM A DIFFERENT SPOT.

BECAUSE I DIDN'T SEE THAT ONE IN ENGINEERING COLLEGE. SO YOU ANSWERED SOME OF THEM ALREADY.

[02:10:09]

THAT'S FOR SALE ON THE SITES. SO WE'VE THOUGHT OVERALL BASED ON THE YOU KNOW OTHER AREAS ALONG THE PERIPHERY OF THE SETBACKS THAT IT SEEMED REASONABLE IN THIS CASE A FROM AN OPERATIONAL STANDPOINT. AND THEN TO JUST ON THE LARGE AMOUNT OF LANDSCAPING ELSEWHERE ON THE SITE. THANK YOU, STEVE. IT'S UM, HERE IT IS, IS THE. I'M SORRY. PARKING IN THIS AREA GOING TO BE CUSTOMER ORIENTED, PRIMARILY, OR IS IT MORE FOR UM. EMPLOYEES OR FOR THE FOLKS THAT ARE GONNA BE CRASHING AT THE HOUSE. THANKS FOR HAVING ME TODAY. MY NAME IS MARK REINER WITH OAKLAND. UM THE PARKING THAT KIND OF THAT OVERFLOW PARKING AREA BEHIND THE HOUSE FOR PRIVATE PRIMARILY BE USED FOR EMPLOYEES. THE EXCEPTION TO THAT PROBABLY BE IN OUR IN OUR HEAVY, HEAVY PEAK SEASON, WHICH IS YOU KNOW IF YOU GUYS KNOW OUR BUSINESSES SHORT AND DOESN'T LAST LONG, SO EMPLOYEES MIGHT BE PARKING ELSEWHERE IN THE BACK OR SOMEWHERE IN THAT TIME FRAME, BUT YOU KNOW, OUR STAFF DOESN'T LIKE TO WALK TOO FAR TO THE BUILDING. SO A LOT OF TIMES MOST OF THE YEAR THEY'LL BE PARKING BEHIND THE HOUSE THERE. AND IF I COULD SPEAK TO THE BLACK AND TREES IN THE PARKING LOT JUST REAL QUICKLY. ONE OF THE REASONS THAT THAT'S VITAL TO US AND I THINK WE WILL HAVE HANGING BASKETS, FLOWERS KURTZ OF PLANTS EVERYWHERE, AND THAT DOES ADD STEPHEN WAS SAYING. BUT HAVING SUFFICIENT ACCESS FOR LARGE TRUCKS AND SEMIS FULL SIZE SEMIS IS ABSOLUTELY VITAL FOR US TO RUN OUR BUSINESS. AND WE OPERATE IN OTHER PARTS OF THE CITY. SOME PROPERTIES WHERE WE, UM NO, WE DIDN'T BUILD THE BUILDING. AND LANDSCAPE ISLANDS ARE A HUGE PROBLEM. WHEN YOU HAVE SEMI TRUCKS, TRUCKS HIT THEM. THEY BREAK THEM, THEY RUN INTO THEM.

AND WE ARE TRYING TO SAFELY NAVIGATE LARGE TRUCKS. YOU KNOW THROUGH, PREFERABLY NOT THROUGH CUSTOMERS AND CARS. BUT HAVING A TRUCK BE ABLE TO NAVIGATE TURN GET TO A SPOT WHERE WE CAN UNLOAD IT SUFFICIENTLY AND QUICKLY AND GET IT OUT OF THERE. UH YOU KNOW, LANDSCAPE ISLANDS IN COUNTRIES IN THE MIDDLE OF THINGS REALLY LIMIT THE USES OF THE PARKING LOT, NOT PERSPECTIVE. SO OKAY. THANK YOU. SO WE'RE NOT ALL DELIVERIES ARE OFF TOPS IN THAT THEY'RE A COMBINATION OF THE. YOU KNOW, 11 OF THE CONDITIONS FOR US TO COME TO THIS PLACE WAS FOR US TO GET

[02:15:04]

HMM. YOU'LL SEE THAT. MAIN KIND OF BETWEEN. BUT WHERE THE TRIANGLES ARE. APPROACHING THE POINTER, BUT, UM RIGHT THROUGH HERE. NO, THAT'S THAT'S GOING TO BE YOU KNOW WHEN WE DO HAVE A LOT OF CARS AND CUSTOMERS PARK THAT'S KIND OF GOING TO BE THE WAY FOR TRUCKS TO GET IN AND OUT. BUT YOUR TRUCK TRAFFIC ENTERS THROUGH THOMPSON AND EXITS ON THE 62. OKAY? GETTING TRUCKS IN ON 62 IN THOSE TYPES OF OLD ENTRANCES IS AN ABSOLUTELY. UM QUICK QUESTION.

UM WE'VE GOT A ACTUAL RESIDENTIAL NEIGHBOR TO YOUR WEST AND FURTHER SOUTH. SO WE SEE HERE ON THIS. THE PLANNING'S, UM. AND THEIR EXISTING PRIVACY FENCE. THE PARKING LOT BETWEEN THE RESIDENTS AND THEIR YOUR RESIDENCE IN THERE. UM THAT YOU SAID WOULD BE EMPLOYEE PARKING. WHAT DO YOU OBJECT TO THAT BEING ON A ON A MOVABLE BASIS, TYPICALLY SIGNED AS EMPLOYEE PARKING ONLY. AND THEN NOW AND THAT WAY YOU'VE GOT LESS HEADLIGHTS SPILL INTO YOUR ACTUAL NEIGHBORS WHOSE HOUSE IS SET EVEN FURTHER BACK BECAUSE I WROTE THE SLIDE, ONE SLIDE. THEN WE'LL GET THE BIGGER PICTURE. THERE YOU GO. THAT WILL DO IT SO I MEAN THE BUT THAT AS A WHOLE I MEAN, I THINK TO HAVE IT EMPLOYEE ONLY PARKING. YES WE WOULD OBJECT TO THAT. OKAY EVEN IF IT'S A REMOVABLE SIGNS, SO THAT DURING OVERFLOW PERIOD YOU COULD TAKE HIM AWAY. AND I MEAN THAT WOULD WE COULD CERTAINLY TALK ABOUT THAT. OKAY BUT WE ARE CERTAINLY INTENDING ON CUSTOMERS PARKING THERE. UM YOU KNOW, IN OUR PEAK SEASONS, WHICH RUNS FROM THE WEATHER BREAKS APRIL 15TH THROUGH JUNE 15TH AND CERTAIN TIMES IN THE FALL AND HOLIDAY SO WE CAN WE CAN MOVE THE SIGNS IN AND OUT AS NEEDED. IF THAT'S SOMETHING YOU GUYS WOULD LIKE US TO DO, BUT YEAH, SCREEN TO YOUR NEAREST NEIGHBOR IS ONE OF YOUR PROBLEMS YOU WANT WELL SOLVED BECAUSE THEY'RE NOT HAPPY RIGHT NOW, AT LEAST ACCORDING WHAT THEY POST ON FACEBOOK, UM AND SO THAT WAS ONE OF THE THINGS THAT THE CITY LANDSCAPE ARCHITECT LOOK AT. AND THAT'S ONE OF THE RECOMMENDED CONDITIONS OF APPROVAL. SO THE APPLICANT IS PROVIDING SCREENING ALONG HERE WITH EVERGREENS AND THEN THE CITY LANDSCAPE ARCHITECT RECOMMENDED TURNING THE CORNERS BASICALLY CONNECTING THE PROPOSAL. LANDSCAPING ALONG HERE TO THE HOUSE, SO IT TURNS THE ENTIRE CORNER. SO EVEN IF YOU'RE DRIVING THROUGH HERE. THERE WILL STILL BE SCREENING TO BLOCK HEADLIGHTS, POINTING ALMOST LIKE A SUIT CALLED ALMOST DIRECTLY SOUTH. ALRIGHT SO LET'S CONDITION ONE IN THEIR STAFF REPORT. DO YOU HAVE A CONFLICT WITH THAT CONDITION, BY THE WAY, WHICH CONDITIONS NUMBER ONE ON THE LANDSCAPE ARCHITECT. WE DON'T HAVE A PROBLEM WITH THAT AT ALL. OKAY. YOUR PRIMARY ONE STUDENTS? YEAH JEEZ. WE HAVE BEEN DEALING WITH THE TIP. IT'S THAT'S WHO OWNS THAT HOUSE. OKAY? SINCE WE MOVED IN. THEY CAN BE A CHALLENGING GROUP. GOOD PEOPLE, BUT YOU KNOW, THEY KNOW WHAT WE'RE UP TO AT ALL TIMES, AND THEY USUALLY RAISE THEIR HAND IF THEY HAVE ANY ISSUES, SO WE WILL DO WHATEVER WE NEED TO DO TO MAKE THEM HAPPY AFTER DOING THAT, FOR ALMOST 15 YEARS, SO TRUE, UM AND GETTING THE SCREENING IN EARLY WITH THE REALLY GOOD IDEA, OKAY? UM. RIGHT AWAY ON THOMPSON ROAD. I GOT AN AGREEMENT ON THAT, AND I THINK WHAT I HEARD WAS PROVIDED THAT KEEPS THE ORIGINAL SETBACK LINES. THE SETBACK LINES IN THE IN THE CODE SAY, RELATIVE TO THE RIGHT AWAY. UM AND I AND BECAUSE WE'RE KEEPING ALL THE EXISTING STUFF, SO THOSE SETBACK LINES WITH WOULD REMAIN WHERE THEY WERE, EVEN IF THE RIGHT AWAY MOVES IS THAT GIVE YOU AN ACCEPTABLE? THAT'S RIGHT. SO ESSENTIALLY THE WAY THAT THIS IS WRITTEN. THERE IS INTENDED TO BE WRITTEN AS IF THE EXISTING CONDITIONS CAN REMAIN WHERE THEY ARE, REGARDLESS OF THEIR RELATIONSHIP TO THE RIGHT AWAY. YES, I DID RIGHT IN HERE THAT I WANTED THEM TO BE CONSIDERED. LEGALLY CONFORM ME AND BECAUSE OF THE CASUALTY EVENT, I WANT TO BE ABLE TO REPLACE THAT. BUT IF WE'RE GOING TO DO SOMETHING COMPLETELY NEW, WE HAVE TO ADHERE THE NEW SETBACKS. GREAT SO WE GET BOTH THE RIGHT AWAY AND YOU DON'T HAVE TO WORRY ABOUT LINES MOVING. THAT'S MY THIRD CONDITION. THE FOURTH ONE WAS EMPLOYEE SIGNAGE, MOBILE SCIENCE. OTHER QUESTIONS AND COMMENTS IN THE TEXT. IT SAYS IN THE RESIDENCE THAT YOU COULD STORE MATERIALS OR HAVE RESIDENCES IS THE STORAGE. WOULD THAT BE IN INSIDE THE RESIDENCE AND ROGERS LTD. THE PERSON THE FAMILY THAT WE BOUGHT THE HOUSE FROM OPERATING DAY HOME

[02:20:05]

WELL INSIDE EXISTING STRUCTURE MUSIC STORED INSIDE THE HOUSE. OTHER THAN GROWING AREAS. OKAY WHAT OTHER THAN DWELLING AREAS OF THE HOME BEING DISTINGUISHABLE FROM THE GARAGE.

THE BARN OF THE GARAGE WAS GOING TO SAY PERMIT SHALL BE PERMITTED IN THE BARN OR GARAGE. THERE YOU GO. THAT WORKS FOR ME. COMING FROM THE PUBLIC KEVIN QUESTIONS OR COMMENTS. OKAY, THAT'S THE WORST THING REALLY SHORT ON THIS PUBLIC. COMMISSION MEMBERS. I'M GOOD, NEIL. THANK YOU, OKAY. I MOVED FOR ACCEPTANCE OF STAFF REPORTS AND RELATED DOCUMENTS IN THE RECORDS. ZONING CHANGE 1 25 2023. DO I HEAR A SECOND FOR THE DOCUMENTS? MOTION SECOND DISCUSSION ON THE DOCUMENTS THE ROLE, PLEASE. MR KIRBY. MR. WALLACE MR. SCHELL BRIGGS. MR. LARSON YES. MOTION PASSES WITH FIVE VOTES TO ADMIT THE DOCUMENTS. I DON'T KNOW IF ANYONE ELSE IS KEEPING TRACK, BUT I HEARD OF THREE OTHER THINGS GO BY IN TERMS OF CONDITION. ONE IS RIGHT AWAY ON THOMPSON ROAD FOR FUTURE LEADER TRAIL, BUT IT KEEPS THE EXISTING LINES PER SETBACKS. UM SIGNAGE OR EMPLOYEE PARKING ONLY TEMPORARY MOVABLE SIGNS THAT IT WILL BE TYPICALLY THERE TOO.

MINIMIZE PARKING NEXT TO THE BEHIND THE RESIDENTS ACCEPTED PEAK TIMES. UM AND THAT YOUR COMMENTARY ON BARNET BARNET GARAGE FOR EXTERIOR STORAGE. YES, THAT'S IN. PAGE TWO. EASY IT'S INCEPTION. H TWO, SECTION THREE THREE CAPITALLY. YES, OKAY. ANYBODY. OTHER DETAILS LIKE I DID. NOPE MOTION FOR THE ZONING CHANGE ITSELF. GET ALONG. AFRAID TO MOVE FOR APPROVAL.

ZONING CHANGE 1 25 2023 SUBJECT TO THE CONDITIONS IN THE STAFF REPORTS. POLITICIANS CONDITIONS CONDITIONS THREE. RIGHT AWAY ON THOMPSON ROAD FOR A FUTURE LEISURE TRAIL. UH, BE DEDICATED ALTHOUGH THE SETBACK LINES WILL BE KEPT IN THEIR CURRENT SPOTS. FOURTH ONE THAT THEY WILL DEPLOY MOVABLE TEMPORARY SIGNAGE. MARKING THE PARKING BEHIND THE RESIDENTS AS EMPLOYEE ONLY WHENEVER POSSIBLE. AND I AM FIVE ROMANS THREE E TALKS ABOUT BARN OR GARAGE FOR THE INTERIOR STORAGE THAT'S ALLOWED ON THE RESIDENTIAL PROPERTY. A SECOND. ANY FURTHER DISCUSSION ON THE MOTION, AND WE ASKED FOR THE CONDITIONS CLEAR. COULD YOU HAVE A NUMBER THREE, WHICH IS ACTUALLY LET'S SAY THREE. MY THIRD ONE WAS THE RIGHT AWAY ON THOMPSON ROAD. RIGHT AND THEN THE FOURTH ONE IS MOVABLE SIGNAGE FOR EMPLOYEE PARKING ONLY BEHIND THE HOUSE WHENEVER CONDITIONS POSSIBLE. THANK YOU. AND THEN THE LAST ONE IN THE TEXT TALKS ABOUT STORAGE ON THE

[02:25:01]

THIS IS ROMAN THREE CAPITAL E. THE TEXT. THANK YOU. WELCOME. OTHER DISCUSSION ON THE MOTION.

OH, PLEASE. THE SECOND. SORRY I WAS MR KIRBY? YES MR WALLACE. MISS BRIGGS? YES MR LARSON? YES, MR SCHELL? YES. MOTION PASSES WITH FIVE VOTES IN FAVOR TO CONDITIONS IN THE STAFF REPORT REPORT AND THE THIRD CONDITION THAT THE RIGHT OF WAY ON THOMPSON ROAD WILL BE ADDED WHILE MAINTAINING THE SETBACKS. THE FOURTH CONDITION THAT THERE WILL BE MOVABLE SIGNAGE FOR EMPLOYEE PARKING ONLY BEHIND THE HOUSE WHENEVER POSSIBLE. CONDITION IN ROMAN NUMERAL THREE CAPITAL E TALKING ABOUT STORAGE ON THE RESIDENTIAL PROPERTY BE RESTRICTED TO IN THE GARAGE OR IN THE EXISTING BARN. THANK YOU. THAT'S WHAT I HAVE. THIS TAKES US TO VARIOUS 126 1 MORE GOOD LUCK. THANK YOU. THANKS GUYS. GOOD LUCK. SO LET ME YEAH. YEAH, YEAH. SO ALRIGHT, ARTIFICIAL LANDSCAPE KILLING HERE FROM STAFF. FIND THE LASER POINTER. OK, DOKEY. HMM. THIS PROPERTY IS 0.7 ACRES IN SIZE AND CONTAINS A SINGLE FAMILY HOME. THE LOT IS LOCATED IN THE NEW ALBANY COUNTRY CLUB EVERINGTON SUBDIVISION AND THE SURROUNDING PROPERTIES ARE LOCATED WITHIN THE SAME SUBDIVISION AND CONTAINED RESIDENTIAL HOMES. THE SEAT UP HERE IN THE CORNER, FAR BACK. THIS I PLAN SHOWS THE CURRENT PROPERTIES. EXISTING CHARACTERISTICS. THIS INCLUDES THE LONG AUTO COURT TO THE SOUTH , THE SINGLE FAMILY HOME RESIDENTS IS RIGHT HERE. UM THERE IS AN EXISTING PATIO AND THE REAR ALONG WITH THE POOL. AND THE VARIANCE IN REQUEST TONIGHT IS HIGHLIGHTED IN GREEN. IT'S A LITTLE DIFFICULT TO READ JUST BECAUSE THERE'S INSTALLATION OF SO MUCH LANDSCAPE. BUT IF YOU HAVE ANY QUESTIONS, JUST LET ME KNOW. THE ARTIFICIAL TERMS. THE ARTIFICIAL TURF IS LOCATED JUST IN THE IMMEDIATE PROXIMITY OF THE POOR AND THE APPLICANT STATES. THE NATURAL GRASS WOULD WITHER AND DECAY FROM POOL, WATER AND PET USE. HOWEVER THE ARTIFICIAL TURF GRASS WAS SUSTAINED UNDER THESE HARSH CONDITIONS. IN ADDITION, THE PURPOSE OF THE ARTIFICIAL TURF GRASS WE'LL PROVIDE MORE GREEN SKATE TO THE PROPERTY INSTEAD OF PAVING THE AREA, THE APPLICANT STATES THAT SINCE IT IS SUCH A SMALL SIZE AND DIFFICULT TO ACCESS, THE ARTIFICIAL LANDSCAPE IS NECESSARY TO PROVIDE AN ALTERNATIVE TO HARDSCAPE. THIS VARIANCE DOES NOT APPEAR TO BE SUBSTANTIAL BECAUSE OF THE LIMITED SIZE OF THE REQUEST. THE REQUEST IS ABOUT 76.4 SQUARE YARDS IN A MINOR PORTION OF THE LOT. THE PARCEL ITSELF IS ABOUT 3605 SQUARE YARDS. THEREFORE THE REQUEST IS ONLY ABOUT 2% OF THE ENTIRE LOT. IN ADDITION, THERE IS A SIGNIFICANT NUMBER OF SHRUBS INSTALLED AROUND THE POOL AND ARTIFICIAL TERMS. AND SCREENS IT FROM VIEW OF OTHER OFFSITE PROPERTIES. THE LIMITED USE IN SCREENING APPEARED TO RESULT IN ZERO OR VERY LIMITED VIEW FROM OTHER PROPERTIES. THE ARTIFICIAL TURF IS IN THE REAR YARD, WHERE IT IS ADJACENT TO THE GOLF COURSE. THE VARIANCE DOES NOT CHANGE THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD. THE SITE HAS A SIGNIFICANT CHANGE IN GRADE THAT RESULTS IN ITS HEARED PATIO DESIGN. AS A RESULT, THE ARTIFICIAL TURF IS RAISED ABOVE THE REST OF THE REAR YARD. AND IS THAT THE SAME GRADE AS THE POOL, WHICH IS ABOUT 6 FT. HIGHER. EXPERIENCE PRESERVES THE INTENT THE SPIRIT AND INTENT OF THE ZONING REQUIREMENT BECAUSE THE ARTIFICIAL TERM APPEARS VISIBLY THE SAME AND HAS USED THE SAME WAY AS NATURAL TURF GRASS. THE APPLICANT HAS PROVIDED A SAMPLE SHOWING ITS AESTHETIC AS YOU CAN SEE HERE, AND STAFF WILL TAKE ANY QUESTIONS AT THIS TIME. LET'S GOT ONE. IF THEY WANTED TO PUT PAPERS IN THERE. WOULD THEY REQUIRE ANY HEARINGS OR ANYTHING AND THEY WOULD JUST PULL UP FROM

[02:30:01]

GOLF COURSE STORMWATER BASE, AND THAT'S GOING TO BE REGULAR CRAFT. MHM, CORRECT. WELL. REAL GRASS. YEAH LIVING GRASS. YEAH LIVING CRASS, AS OPPOSED TO WHAT? ARTIFICIAL IS THE REST OF THEIR YARD BETWEEN THIS, PRESUMABLY, YEAH. AND STEVE. THAT'S THE COLOR. YES, GREEN.

YEAH. SHOULD PROBABLY MAKE SURE THAT THAT PRODUCT PERMEABLE. TOWARD IS IT? PROBABLE INFILTRATION? OKAY, UM MY NAME IS MARK DELIVERY WITH GREEN SCAPES TO REPRESENT THE CLIENT.

YES, IT IS PERMISSIBLE PROJECT. AS YOU CAN SEE ON THE BACKSIDE. THERE'S HOLES. AND IT DOES. THE WATER FLOW THROUGH. QUESTION FOR STAFF. DO WE HAVE ANY OTHER PRECEDENT OF A PRODUCT LIKE THIS AND ANOTHER AREAS, OTHER HOMES. SO THE ONLY OTHER PLACE THAT WE'RE AWARE OF IS THAT THE EPP CONS COURTYARDS IN NEW ALBANY, SO THE PLANNING COMMISSION APPROVED A ZONING TEXT MODIFICATION TO ALLOW FOR, IF NOT THE SAME, A VERY SIMILAR ARTIFICIAL TURF TO BE USED AROUND THE COMMUNITY POOL WITHIN THAT SUBDIVISION. OTHERWISE WE'RE NOT AWARE, YOU KNOW, I THINK THERE'S SOME RESIDENTS THAT WILL INSTALL LIKE PUTTING GREENS IN THEIR BACKYARD, WHICH IS YOU KNOW, DOESN'T IN OUR INTERPRETATION MEAT OR DOESN'T REQUIRE VARIANTS BECAUSE IT'S SOMETHING THAT'S KIND OF ADDED AND ROLLED OUT. IT'S NOT MEANT TO ACTUALLY BE THE LANDSCAPING.

UM SO I THINK BESIDES, YOU KNOW, SOME PUTTING GREENS AND THEN THAT POOL WHERE WE'RE NOT AWARE OF ANY OTHER SIMILAR CASES. I HAVE A REALLY FUZZY MEMORY THAT WE ACTUALLY ALLOWED. ARTIFICIAL GRASS TO BE IN THOSE THOSE BACKYARDS. YOU REMEMBER THAT TOO? THAT WAS I WAS GOING THERE NEXT. YEAH I THINK IT WAS LATE AT NIGHT. BUT I THINK WE AGREE TO IT LITTLE TINY NEXT TO EACH OTHER, TINY LITTLE TINY LITTLE YARDS. IT'S REALLY HARD TO CUT THE GRASS AND SOME PEOPLE JUST PUT INTO GRASS. THAT'S WHAT I FEEL LIKE. I REMEMBER WHEN WE WERE LOOKING AT THE UPTOWN COMMUNITIES, AND THEY WERE LOOKING AT THE POTENTIAL MATERIALS THAT WOULD GET PUT IN THERE WAS ARTIFICIAL GRASS BECAUSE THERE WAS A GOOD JOKE ABOUT LIKE, LIKE THE DOGS LIKE I REMEMBER THIS HAS BEEN THIS IS THE FIRST TIME I'VE SEEN THE CRABS, BUT WE'VE TALKED ABOUT THIS YEAR BEFORE THAT DOESN'T WORK FOR OTHER CONTINUITY. ACH NOT IN NEW ALBANY, BUT THERE ARE OTHER COMMUNITIES DO OFFER. ARTIFICIAL TURF ALONG WITH THEIR PATIO, SO I KNOW THAT HAPPENS IN OTHER PARTS OF THE CITY. STEPHEN YEAH, STEVENS. MEMORY IS GOING TO BE THE BEST ONE. I KNOW, BUT I JUST FEEL LIKE WE'VE TALKED ABOUT THIS BEFORE STEVE DID AS WHEN YOU WERE LOOKING AT THIS APPLICATION. DID UM, DID STOP. TAKE A LOOK AT OTHER COMMUNITIES AND THE COLUMBUS AREA AND HOW THEY DEAL WITH THESE IF THEY DO HOW THEY DEAL WITH ARTIFICIAL TURF ISSUES, AND I GUESS ONE OF THE ISSUES ONE OF THE QUESTIONS THAT POPPED INTO MY MIND IS YEAH , THE CONCLUSION HERE WAS. THIS IS A SMALL AREA. IT'S AROUND THE POOL. NOT REALLY A BIG DEAL. I'M PARAPHRASING OBVIOUSLY, BUT HOW BIG IS HOW BIG IS TUESDAY? HOW BIG HOW HOW SMALL WAS TOO BIG. I GUESS SOME STUFF. WHEN ISN'T BIG DEAL? HOW MANY 20 FT IS A BIG DEAL, SO I MEAN, IT'S JUST SO THESE SO THAT'S WHAT I THOUGHT IT WAS. JUST HAVE ANY OTHER COMMUNITIES DEALT WITH THIS PUT ANYTHING IN THERE, UM, ZONING CODES OR THERE. LANDSCAPE REQUIREMENTS OR WHATEVER TO ADDRESS THIS SORT OF ISSUE. YEAH TANZER BOTH QUESTIONS. I COULD HAVE SWORN THAT. YEAH, THERE WAS ALSO ANOTHER EXAMPLE WHERE WE DID OUR OFFICIAL TURF AND YOU KNOW, WE CHECK OUR SOFTWARE AND TRY TO SEARCH EVERY LITTLE THING. BUT THAT MIGHT HAVE BEEN AN EXCELLENT THAT MAKES SENSE. LIKE WHY I COULD HAVE SWORN WE HAD ONE OTHER ONE. BUT AS IT'S HARD TO FIND, YOU KNOW, AND SEARCH EVERY LITTLE FILES, SO I'M I'M SURE YOU GUYS ARE RIGHT. AND THEN AS FAR AS YOU KNOW, RESEARCHING OTHER COMMUNITIES, WE DIDN'T DO ANY ACTUAL RESEARCH OF OTHER COMMUNITIES. HOWEVER, WE DID HAVE A DISCUSSION OF IT

[02:35:03]

YEAH, THAT'S A GREAT QUESTION WHAT WE'VE DONE FOR SIMILAR CASES. AS YOU KNOW, WE GET THESE THIS IS WHY WE ASKED FOR THIS EXAMPLE GRASSES AND YOU KNOW, I DON'T KNOW IF WE'LL KEEP IT WE BUT WE CERTAINLY LIKE, TAKE A PICTURE OF IT, AND WE SAVE IT IN THIS FILE, AND YOU KNOW, FOR SIMILAR THINGS WHERE THINGS HAVE SORT OF WORN DOWN OVER TIME OR HAVE, LIKE CHANGE THROUGH TIME.

YOU KNOW, WE'VE GONE BACK AND SAID, WELL, HEY, THE PLANNING COMMISSION APPROVED THIS SPECIFIC GRASS AND YOU KNOW IT'S NO LONGER LOOKING LIKE WHAT THE PLANNING COMMISSION APPROVED.

IT'S CHANGED ITS CHARACTER. AND SO I THINK THAT WOULD BE THE CITY'S MECHANISM TO SAY, YOU KNOW, IT'S NO LONGER YOU KNOW, IT'S NO LONGER THE SAME ARTIFICIAL TURF BECAUSE IT'S EITHER FADED OR IT'S GETTING WORN OUT, AND WE DO HAVE A PROPERTY MAINTENANCE CODE AS WELL. I GUESS WE HAVEN'T LOOKED AT IT FOR THIS EXAMPLE. BUT YOU'RE RIGHT IF YOU KNOW IF SOMEBODY'S REAL LIVING GRASS COMPLETELY DIES AND IT'S JUST A FIELD OF MUD. THAT WOULD BE A VIOLATION BECAUSE I COULD ACTUALLY DOES. REQUIRE THERE ARE SOME EXCEPTIONS. BUT IN THESE RESIDENTIAL COMMUNITIES, YOU KNOW TO HAVE LIVING GRASS ON THERE, AND IT'S ACTUALLY PART OF OUR RMS FOUR SORT OF PART OF OUR OVERALL COUNTY TO MAKE SURE WE'RE MEETING OUR STORM WATER REQUIREMENTS IS MAKING SURE THAT THERE'S ESTABLISHED LIVING GRASSES AND VEGETATION. YES OR THANK YOU, SO I THINK, YOU KNOW UM, IN THIS CASE. YEAH, WELL, WE WOULD JUST KEEP THIS ON FILE.

AND THEN IF WE GOTTA COMPLAINTS, WE WOULD YOU KNOW, INVESTIGATED AND IF WE SEE THAT IT IS DETERIORATED AND NO LONGER MATCHING WITH THE PLANNING COMMISSION IMPROVED AND WE WOULD SAY YOU'D HAVE TO REPLACE IT. YOU HAVE TO GO BACK TO THE PLANE COMMISSION FOR ADDITIONAL CONSIDERATION. YES SO WE'VE GOT, FOR EXAMPLE, LIMITS ON HOW MUCH OF THEIR BACKYARD THEY COULD PUT IN PAPERS. WE'VE GOT LIMITS THAT SAY YOU CAN'T PUT ANY PAPERS IN THE FRONT YARD EXCEPT FOR THE WALK. OKAY, BECAUSE THE MERIT HERE IS IT LOOKS BETTER THAN THE PAPER THEY ARE ALREADY ALLOWED TO DO AND WE HAVE LIMITS ON THE PAPER, SO I'M SORT OF MENTALLY CASTING IN THE FUTURE AND FOR THE NEXT 20 VARIANCES 10 OF WHICH WILL COME FROM THIS NEIGHBORHOOD. UM YEAH. SAYING OKAY, WHAT ARE THE CRITERIA? HOW DO WE DRAW THEM? THE BOUNDING BOX ON THIS TO SAY THAT THIS MUCH AND ONLY NO MORE. YEAH STUFF LIKE IT'S IN THE BACKYARD. YOU COULD HAVE PUT IT IN PAPERS.

IT'S AN ALTERNATIVE PAPERS. IT'S UNDER THE SAME RESTRICTIONS AS PAPERS UNTIL WE HAVE A BETTER WHAT A SET OF STANDARDS COMING OUT OF CODE. YEAH I THINK IT'S THE SAME LIKE REQUIREMENTS AS PAPERS AND PAPERS HAVE A CERTAIN I THINK IT'S LIKE A 5 FT SETBACK. IN THIS CASE, I DON'T KNOW IF THERE'S ANY LIKE SETBACK. THAT APPLIES BECAUSE THERE'S NO SETBACKS FOR LANDSCAPING. UM BUT I THINK YOU KNOW WE'RE STILL KIND OF LEARNING AS WE GO ON A ON A CASE BY CASE BASIS. I REMEMBER WHEN KHAN CAME IN I THINK THE PLANNING COMMISSION ASKED FOR THAT SPECIFIC SAMPLE. AND SO THAT'S WHY WE OUTSIDE THE B PROVIDED TODAY FOR CONSIDERATION FROM HERE. I'M LOOKING FOR IF I HAVE TO TELL SOMEBODY KNOW ON A SIMILAR VARIANTS, I NEED SOMETHING SOUTH OF FIG LEAF LIKE DEFENSIBLE THAT I COULD SAY OH, HE WOULDN'T BE ALLOWED TO PUT PAPERS THERE AND THEY WERE ALLOWED TO PUT PAPERS THERE. THEREFORE, I CAN TELL YOU KNOW WHAT I TOLD THEM? YES. YEAH I THINK THE PAPERS WILL BE TREATED DIFFERENTLY AS THEY'RE JUST THROUGH. I THINK, JUST LIKE SETBACKS AND LOCK COVERAGE AMOUNTS. I THINK FOR THE ARTIFICIAL GRASS. I THINK IT'S JUST ON ITS OWN MERITS ON A CASE BY CASE BASIS, SINCE IT IS A VARIANT, SO I THINK IT'S YOU KNOW THE AMOUNTS HOW IT LOOKS, AND I THINK WHERE IT'S USED. SO I THINK IN OTHER AREAS LIKE WITH THAT CON IT WAS SORT OF IN THE BACK RIGHT WHERE NOBODY SEES IT.

[02:40:03]

THIS IS ASKING FOR US TO CHANGE. AND TO BE HONEST, WE HAVEN'T HEARD FROM YOU YET, BUT TO BE HONEST, THEY COULD EASILY PUT PAPERS IN THERE. COULDN'T THEY MEAN SO? THIS IS THIS DOESN'T REALLY AFTER THE TOP OF MY HEAD. THIS WASN'T MEET. THE REQUIREMENTS ARE VARIANTS. I THINK I THINK IT DOES BECAUSE I THINK IT MEETS A LOT OF THE SAME RULES THAT WERE ESTABLISHED AT F CON. YOU KNOW, IT'S OUT OF SITES. IT'S NOT IMPACTFUL. IT'S YOU KNOW, LOOKS AND FEELS WHICH I THINK LIKE QUALITY ARTIFICIAL GRASS WOULD BE HARD. UNTIL THE DIFFERENCE. YOU'RE RIGHT. I DIDN'T MISSPEAK, SO IT IS DIFFERENT CRITERIA, BUT I DO THINK THERE'S STILL MEETING A LOT OF THOSE SAME RULES. UM, AND AGAIN, I THINK IT'S BASED ON ITS OWN ON ITS OWN MERITS. UM IT SEEMS TO BE THE GOOD IDEA, BUT IT DOESN'T MAKE DUNCAN. YEAH, EXACTLY. IT SHOULD HAVE BEEN PUT INTO THE UM, THE DEVELOPMENT PLAN AND WENT INTO THIS. WHEN WE DID THE TEXT IN THIS, THEY SHOULD HAVE SAID WE WANT TO ALLOW CERTAIN ARTIFICIAL CERTAIN AMOUNT OF ARTIFICIAL GOING AROUND AROUND THE INEVITABLE FOOLS. WE'RE GOING TO SEE IT. YEAH THAT'S THAT COULD BE. I THINK THAT'S WHY WE HAVE VARIANCES, THOUGH, BECAUSE IT'S HARD TO KNOW WHAT WILL BE DESIRED FROM AN ENTIRE SUBDIVISION. I THINK WHAT MAKES UNIQUE IS AND THAT IS LIKE ANOTHER. THINK ABOUT IT MORE. I THINK WHY WE DID YOU A ZONING TEXT. MODIFICATION BECAUSE WE DIDN'T KNOW IT WAS GONNA BE ACROSS EVERYBODY'S BACKYARD. AND I THINK THAT'S ALSO WHY WE DECIDED, LIKE WE SHOULD JUST MAKE THE RULES OF ITS GOING TO APPLY TO EVERYBODY THE RIGHT WAY TO DO IT. IN THAT CASE, WHAT WAS A ZONING TAX, SO THAT WAY WE DIDN'T HAVE YOU KNOW A BUNCH? YOU KNOW, LIKE 100. DIFFERENT LIKE VARIANCES WERE TRYING TO GET IN FRONT OF IT. YEAH AND I THINK IT ALSO MADE IT EASIER BECAUSE DIFFERENT PROPERTY OWNERS THINGS LIKE THAT THINKING BACK TO ALL THE LAMPPOSTS AND REALLY, YOU KNOW WHERE THAT WAS A LOT OF DIFFERENT VARIANCES HERE FROM THE VERY THE REASON WHY THIS CAME UP AS WE ARE WORKING WITH THE BUILDING DEPARTMENT. THE CLIENT HAS GONE THROUGH A LOT IN THIS BUILDING PROCESS. WE TOOK THIS OVER THIS PROJECT OVER FROM SOMEBODY ELSE. TO HELP USHER IT ALONG AND FINISHED. SO THERE WAS A LOT OF WORK BY THE CITY IN THE BACK AND FORTH TO MAKE SURE WE WERE FOLLOWING EVERY RULE. UM WE HAD THE ZONING INSPECTOR WHO HAS BEEN GREAT TO WORK WITHOUT MANY TIMES TO MAKE SURE THIS IS RIGHT . THIS IS RIGHT AND HE MENTIONED WHEN HE SAW WE WERE DOING HE MENTIONED. UM YOU KNOW, WHAT ARE YOU DOING OVER HERE SAID WELL, THAT'S GOING TO BE ARTIFICIAL TURF. TO MAKE UP THE PATIO, AND HE SAID, YOU SHOULD CHECK WITH THE ZONING OFFICE TO MAKE SURE THAT'S OKAY. SO WHEN WE HEARD THAT IMMEDIATELY CALLED, AND YOU KNOW, THE ZONING IS A LITTLE AMBIGUOUS BECAUSE IT SAYS ARTIFICIAL PLANTS, AND SO YOU DON'T USUALLY THINK OF TURF AS A PLANT, EVEN THOUGH IT IS IT DOESN'T SPECIFICALLY SAY NO ARTIFICIAL GRASS. SO UM OTHER PLACES THAT WE WORKED. IT SPECIFICALLY SAYS IT IN THE TEXT, SO THAT LITTLE BIT OF EM. BEAUTY MAKES IT A LITTLE MORE DIFFICULT. AND SO THAT'S WHY WE'RE SURPRISED OTHER PLACES. OTHER MUNICIPALITIES WE WORKED.

THEY HAVE DIFFERENT RULES, AND IT'S STILL HARD. YOU'RE RIGHT ABOUT DEFINING IT BECAUSE IT'S THE NEWER PRODUCTS, SO EVERYBODY DEALS WITH A LITTLE DIFFERENTLY. SO THAT'S WHAT WE ARE SURPRISED TO FIND OUT, SO WE WERE JUST WORKING THROUGH THE PROCESS TO MAKE IT. USABLE A SMART USE THE MATERIAL TO MAKE IT WORK FOR EVERYBODY. AND THE OTHER. FACT IS, THIS IS SO REMOVED FROM THE REST OF THE LANDSCAPE THAT WE COULD EASILY HAVE JUST CALLED THIS A PUTTING GREEN AND ACCORDING TO WHAT STAFF HAS TOLD US IF WE CALL THIS A PUTTING GREEN. WE'RE NOT HERE RIGHT NOW, BUT WE JUST WANTED TO BE UP FRONT WITH THE WHOLE PROCESS. THE QUESTION ELEMENTS. THIS VISIBLE FROM THE GOLF COURSE IT IS. WHAT KIND OF FENCE DO YOU HAVE? SO THE THAT'S THE THING THAT YOU DON'T SEE THE GOLF COURSE. IS LOWER THAN. THE POOL. THE POOL IS ABOVE THE REST OF THE EXTERIOR OF THE GROUND ABOUT 28 INCHES, SO THE POOL IS HIGHER AND THEN IT DIPS DOWN TO THE GOLF COURSE. SO AROUND YOUR POOL FENCE, YOU'VE GOTTA FALL OFF. YEAH SO THE POOR FENCE FROM THE POOLSIDE ONLY LOOKS LIKE IT'S 12 INCHES TALL. FROM THE OUTSIDE LOOKING IN IT MEETS THE CODE. 4 FT. OKAY FACTORIES HAVE TO LOOK AT IT. SO WE'VE WE WANTED TO BE SURE, BECAUSE WE YOU KNOW IT WAS

[02:45:05]

ALL THE GOLFERS LOOK AT YOU THINK THAT'S WHEN THE BENEFITS AS YOU HAVE LANDS SCREENING THERE? THAT REALLY HOPES THAT YOU CAN'T SAY ONLY YOU CAN SEE IT RIGHT? AND IT THE NEW PRODUCTS LOOK REAL FROM THE DISTANCE. YOU HAVE A HARD TIME TELLING IN THE MIDDLE OF SUMMER.

THAT IT'S NOT REAL. UM, AND ALSO THE OTHER PART IS IT'S NOT CONNECTED TO ANY REAL GRAPHS.

IT'S COMPLETELY SEPARATE. PROBABLY EXPECT BECAUSE IT'S NOT BROWN. YEAH THAT'S EXACTLY, HMM.

OH, BOY. I GUESS THE OTHER OPTION IS TO PUT NATURAL GRASSES. IT'S JUST TRICKY TO GROW THEIR OR TRICKY. YES SO THAT WHOLE AREA IS RAISED UP. SO THAT IS ALL GRAVEL FILLED SO UM THERE'S A LOT OF SO WE HAVE TO WATER. WE DO A LOT OF WORK TO GET THE PLANTS. THEY GOT THE GRAVEL SO THE PLANS TO DO OKAY THE GRASS WOULD THE WATER DEMANDS OF GRASS WOULD HAVE TO BE WATERED A TREMENDOUS AMOUNT WITH ALL THE GRAVEL UNDERNEATH TO KEEP IT ALIVE BECAUSE IT'S JUST GONNA DROP THROUGH. THE PLANTS DON'T REQUIRE AS MUCH WATER SO THEY CAN THE SOIL WE PUT IN CAN HOLD IT BETTER, BUT THE GRASS IS GOING TO DRY OUT VERY QUICKLY. UM, YOU KNOW, AND THEN HOW IT'S ADJACENT TO THE POOL. THE POOL WATER IS GOING TO DAMAGE THE GRASS, AND YOU THINK ABOUT ALL THE KIDS GETTING IN THE POOL. IT'S ALWAYS GOING TO BE WET. IT'S GONNA WEAR OUT QUICKLY. CAN I ASK YOU WHY THE HOMEOWNER DOESN'T WANT TO JUST CONTINUE THE PAPERS? HEY, GOOD EVENING, GUYS. I'M JESSE. CARMEN THANK YOU ALL FOR YOUR STAND. UM SO TO ANSWER YOUR QUESTION AND JUST GIVE YOU GUYS A LITTLE BIT OF BACKGROUND ABOUT WHERE WE ARE , UM, MY WIFE AND I CHOSE NEW ALBANY FOR MULTITUDE REASONS TO LIVE HERE. SAME AS ALL OF YOU GUYS IS CHRISTINE IS BEAUTIFUL.

THIS IS WHERE WE WANTED TO PLANT ROOTS. THIS IS WHERE WE LEARN TO RAISE OUR KIDS WE HAVE ABLE IS THREE YEARS OLD. ARSONS. 20 MONTHS AND THEN 10 WEEKS. WE'RE GONNA HAVE A THIRD KID. UM SO THIS IS THIS IS IT? THIS IS OUR FOREVER. EARLIER SOMEBODY ASKED. PRESUMABLY THEY WOULD HAVE GRASPED AROUND THE HOUSE. WE DON'T THIS IS I DON'T HAVE A POINTER. AREA G IS GRASS, BUT THE STUFF INSIDE THE FENCE IS NOT. OH SO THAT'S YOU KNOW, I GOTTA GET MY BEARINGS. SO UM, RIGHT HERE. IS IN PRECIPITOUS DRAMA. IT IS QUITE SEE, I TRY TO WALK MY DOG. THEIR NAME WAS SLIPPED. UM OVER HERE IS OUR NEIGHBOR'S DRIVEWAY. UM. AND IMMEDIATELY I DON'T MARK. LET'S MAKE IT UP 18 INCHES OR SOMETHING AWAY FROM DEFENSE IS THE EASE, MAN. SO THERE'S NO CRASH. MY CHILDREN PLAN LIKE NONE AT ALL. UM AGAIN. IT IS QUITE STEEP BECAUSE THIS WHOLE AREA ON MY PROPERTY IS HARD. SO MY KIDS WE ORIGINALLY LIVED IN, UM. ASHTON GROVES ON 0.27 ACRES.

THEY'VE NEVER HAD A YARD. MY DOG HAS NEVER HAD A YARD. WE HAD A PATCH. SMALLER THAN THAT TABLE.

AND THIS STILL ISN'T YARD BUT AT LEAST AS A PLACE FOR THEM TO LIKE. 20 THAT GRASS LIKE WE ALL DID WHEN WE GREW UP. EVERINGTON IS ONE OF THE FEW COMMUNITIES THAT DOESN'T HAVE GREEN SPACE ACTION GROUP HAD THAT BEAUTIFUL GREEN SPACE RIGHT OUTSIDE. THAT'S WHERE WE PLAYED, PLAYED IN LEAVES AND CHASE THE DOG. WE DON'T HAVE THAT WE HAVE TWO BIKES AT HAMPTON PARK, SO THIS IS A VERY SMALL OPPORTUNITY FOR MY KIDS TO HAVE SOME MORE SOFT. AND I'M THE PERSON WHO WANTS TO HAVE A REAL FIRE AND PUT THEIR FEET IN THE DIRT AND GET DIRTY AND PLAY AND PROFESSION STUFF LIKE THAT. BUT IT'S NOT AN OPPORTUNITY IN THIS PARTICULAR SPOT. WE DIDN'T WANT TO HEART THE WHOLE THING, BECAUSE QUITE FRANKLY, I HAVE THREE CHILDREN BETTER UNDER FOUR. AND. THE RISK OF THEM. GETTING HURT IS HIGH, RIGHT LIKE THAT. EVERYBODY KNOWS WHEN YOU PUT IN A POOL. YOU'RE TAKING A RISK. WELL RUNNING ON PAPERS IS YET ANOTHER RISK. THIS IS NOT THE TUNE IT FOR THEM TO

[02:50:01]

THE JOHNS THEIR HOUSE LOOKS THAT WAY AND THEN THE PEOPLE OVER HERE THEY ARE KIMBALL'S LOOK OUT THIS WAY AND THE NASHES THEY LOOK AT MY SIDE PATIO. SO YOU ACTUALLY WERE THE ONLY ONES IT WE ARE ALSO PARTICULARLY ANIMALS . SO LIKE WE WANT THIS PLACE TO LOOK GREAT CHRISTINE, WHICH IS WHY EVERYBODY SAW THAT LANDSCAPING, TOO. I THINK MR WALLACE ASKED, WHAT'S GOING TO HAPPEN. IF THIS LOOKS BROWN, WE'RE NOT THOSE PEOPLE LISTENING IS GOING TO BE MAINTAINED. WE'RE HERE FOR A REASON. ASKED FOR SO THE POINT BEING. NO ONE CAN SEE IT AND THEN FROM THE GOLF COURSE THEY'D HAVE A SKIRT OF AN OPPORTUNITY TO SEE. THAT TURF AS I DO YOUR SHOES, RIGHT? YOU GUYS ARE HIDDEN BEHIND THIS DESK. THIS IS 6 FT. UP AND ON THE OUTSIDE OF THE OF EVENTS PLANTED A BUNCH OF HYDRANGEAS AND THINGS THAT ARE GOING TO CLIMB AND IS GOING TO FILL IN THROUGH THE FENCE. SO WE DIDN'T WANT TO LEAVE DIDN'T WANT LIKE A 6 FT BLACK FENCE. WE WANTED IT TO BE BEAUTIFUL, AND SO WE PURPOSES PLANTINGS ON BOTH SIDES OF THE FENCE TO BEAUTIFY IT. WE'VE TAKEN GREAT CARE TO TRY AND MAKE THIS A PLACE WHERE QUITE FRANKLY, IT'LL BE LIKE OUR LITTLE EDEN. I DO ALSO ANTICIPATE, AS WE ALL KNOW ANYBODY THAT GRILL WITH NEIGHBORS WITH THE POOL. EVERYBODY GOES THERE. AND SO WE'RE PROBABLY GONNA HAVE A LOT OF NEW FRIENDS WHO AREN'T REALLY OUR FRIENDS, BUT THEY WANT TO USE THE POOL. AND SO I ANTICIPATE LIKE EVERYBODY HERE LIKE THESE GUYS HAVE TWO CHILDREN. THESE GUYS HAVE TO THESE GUYS HAVE THREE. THESE GUYS ARE MOVING. GUYS ARE TEACHER TO CHILDREN. I THINK THERE'S GOING TO BE A LOT OF PEOPLE THAT ARE JUST PROBABLY GONNA COME HOME AND PEOPLE ARE GOING TO BE IN OUR POOL. AND THAT'S OKAY. WE BUILT THIS SO THAT WE CAN ENTERTAIN. WE BUILT THIS SO WE CAN HAVE A SAFE PLACE FOR CHILDREN. MOMS AND DADS COME BY, AND I THINK JUST HAVING A SOFT LANDING SPACE WOULD BE A NICETY. THANK YOU. THANK YOU. OTHER QUESTIONS, COMMENTS FROM RECOGNITION. ALRIGHT, TAKE ME TO MY AGENDA. I MOVED FOR ACCEPTANCE OF THE STAFF REPORTS DOCUMENTS INTO THE RECORD FOR VARIANTS. 1 26 2023. DO I HEAR A SECOND ON THE DOCUMENTS SECOND? DISCUSSION ON THE DOCUMENTS. MOTION CONTROL, PLEASE. MR KIRBY . MR WALLACE LARSON? YES? MR SCHELL. BRIGGS PASSES WITH FIVE VOTES TO ADMIT THE DOCUMENT TO YOUR EMOTION FOR THE VARIANCE ITSELF. AND MOVE FOR APPROVAL VARIANTS 1 26 2023 SUBJECT TO THERE ARE NO CONDITIONS. STAFF REPORT. UM, BASED ON THE FINDINGS OF STAFF REPORT AND ACTUALLY LET ME STOP RIGHT THERE. DO WE WANT A LIMIT ON THE NUMBER OF SQUARE FEET OR JUST SAY RESTRICTED TO ME? AMOUNT OF AREAS SHOWN. OKAY, SO MY CONDITION IS THAT IT? IT'S THE APPROVAL IS FOR THE AMOUNT OF AREAS WE WERE SHOWN ON THE PLAN. WHAT WAS THE PERCENTAGE THAT WAS IN THE STAFFORD 0.2% WAS 2. I'M BEING I'M NAILING IT DOWN HERE IS WHERE IT GOES, THE AREA SHOWN GENERATION THAT'S FINE. DO I HEAR A SECOND? A SECOND. NOTE. DISCUSSION OF THE MOTION OF THE VARIANCE. I CAN HEAR THE ROLE.

MR. KIRBY MR WALLACE. NO. MR SHELL. MS BRIGGS? YES. THANK YOU. I VOTED NO BECAUSE IT SIMPLY DOES NOT MEET THE DUNCAN REQUIREMENTS, THIS PROPERTY AND THE USE WITHOUT THIS VARIANCE.

UM IT JUST DOESN'T MEAN THAT DUNCAN REQUIREMENTS IN MY VIEW. UM BUT YOU'VE GOT YOUR ARIANS I'D LIKE TO ALSO ADD. EVEN THOUGH I VOTED. YES UM, WHY THIS GOT APPROVED, AT LEAST FROM MY VOTE ONE. IT'S A MINIMAL AREA, TOO. IT'S IN THE BACKYARD THREE. IT COULD HAVE BEEN PAPERS AND FOR REAL GRASS WOULD DIE. DO THE BUILT UP NATURE AND SLOPE OF LAND SO THAT THIS VARIANCE CAME WITH A LARGE PACKAGE OF LIMITATIONS AND CONDITIONS THAT PERHAPS ARE UNIQUE TO THIS

[02:55:04]

[VIII. Poll members for comment]