Feb 21, 2024 Planning Commission

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ARE WE READY? NICE WITH THAT. I'D LIKE TO GO OVER THE PLANNING COMMISSION MEETING FOR

[I. Call to order]

[III. Action on minutes]

ITEM FIVE ON OUR LIST IS HEARING OF VISITORS FOR ITEMS THAT ARE NOT ON TONIGHT'S AGENDA. DO WE

[VI. Cases]

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THE APPLICANT IS NOT PROPOSING A FULL SERVICE DRIVE THROUGH WITH A MENU BOARD OR ORDER A KIOSK.

THE RESTAURANT DRIVE THROUGH IS PROPOSED FOR PICK UP OF PRE-ORDERED FOOD ONLY. THE PROPOSED BANK WITH A DRIVE THROUGH REQUIRES 11 STACKING SPACES AND FOUR IS PROVIDED.

THIS IS ON THE SOUTHERN END OF THE SITE. THE APPLICANT IS NOT PROPOSING A FULL SERVICE RETAIL BANKING FACILITY. THE APPLICANT EXPECTS A TOTAL OF 3 TO 5 CUSTOMERS PER DAY AND THAT IS BOTH INSIDE AND THROUGH THE DRIVE THROUGH IT IS WORTH NOTING THAT THE, UH, PARKING CODE IS A ONE SIZE FITS ALL REQUIREMENT AND DOES NOT CONSIDER OTHER FUNCTIONS OR LOGISTICS OF DIFFERENT DRIVE THROUGH TYPES. THE DRIVE THROUGH FACILITIES ASSOCIATED WITH THE PERMITTED USES ARE CONDITIONAL AND, UH, CONDITIONAL USE REQUEST IS FOR THE BANK DRIVE-THROUGH AND RESTAURANT DRIVE THROUGH. THE OVERALL PROPOSAL IS CONSISTENT WITH CODE REQUIREMENTS FOR CONDITIONAL USES, AND THE PROPOSED USE WILL NOT CHANGE THE CHARACTER OF THE US 62 CORRIDOR.

THERE ARE EXISTING DEVELOPMENTS WITH DRIVE-THRU FACILITIES WITHIN THE COMMUNITY TRUST CORP ALREADY. UH STAFF DOES RECOMMEND TWO CONDITIONS OF APPROVAL WITH REGARD TO THE DRIVE-THROUGH. ONE IS THAT THE RESTAURANT DRIVE THRU IS ONLY ALLOWED FOR PICKUP OF PRE ORDERED FOOD. A FULL SERVICE DRIVE THROUGH FOR ORDERING IS PROHIBITED. AND TWO THE BANK DRIVE THROUGH IS ONLY PERMITTED FOR LOW VOLUME TRAFFIC USERS AND, UH, COMPARABLE 3 TO 5 CUSTOMERS PER DAY SUBJECT TO THE CITY TRAFFIC, ENGINEER, REVIEW AND APPROVAL. THE CITY ARCHITECT HAS REVIEWED THE PROPOSAL AND IS SUPPORTIVE OF THE BUILDING DESIGN. THE BUILDINGS. PROPOSED ARCHITECTURE MATCHES THE STANDARDS FOUND IN THE ZONING TEXT AND ALL OF THE DGR STANDARDS, WITH THE EXCEPTION OF ONE THAT STATES THE BUILDING SHALL HAVE OPERABLE AND ACTIVE FRONT DOORS ALONG ALL PUBLIC AND PRIVATE ROADS. THE BUILDING HAS THREE FRONTAGES. THE ELEVATIONS WITH NO ACTIVE DOORS ARE ALONG FOREST DRIVE AND WOODCREST WAY. WOODCREST WEIGHT IS THE PRIVATE ROAD AND, UM, THIS IS DUE TO THE DRIVE THROUGH WINDOWS ALONG THOSE ELEVATIONS. THE SITE, AND THE OVERALL CAN TRUST CORP DEVELOPMENT IS AUTO ORIENTED BY DESIGN, THEREFORE, DOES NOT APPEAR THAT, UH, MAINTAINING AN ENTRANCE ON EVERY STREET IS AS IMPORTANT IN THIS DEVELOPMENT SCENARIO. IN ADDITION, ALL SIDES OF THE BUILDING ARE DESIGNED WITH THE SAME CALIBER OF FINISH USING THE SAME BUILDING MATERIALS SO NONE OF THE ELEVATIONS APPEAR AS LESSER, UM, A LESSER SIDE OF THE BUILDING.

AT THE TIME, THE STAFF REPORT WENT OUT TO THE PLANNING COMMISSION. THERE WERE A NUMBER OF SUGGESTED CONDITIONS OF APPROVAL REGARDING THE LANDSCAPE PLAN. SINCE THEN, THE APPLICANT SUBMITTED A REVISED LANDSCAPE PLAN. UH, ATTEMPTING TO ADDRESS THOSE CONCERNS IN THE STAFF REPORT. UM WE HAVEN'T HAD A CHANCE TO DO A FULL REVIEW ON THE UPDATED PLAN, SO OUR SUGGESTION SUGGESTION WOULD BE TO, UH, KEEP THOSE CONDITIONS OF APPROVAL AND THE STAFF REPORT SO THAT WE CAN CONTINUE TO WORK WITH THE APPLICANT ON THE LANDSCAPE PLAN. THE APPLICANT HAS SUBMITTED A LIGHTING PLAN THAT MEETS CODE AND THEY HAVE ALSO SUBMITTED A SIGN PLAN FOR WALL SIGNAGE THAT MEETS CODE FINAL SUN. UH, SIGNAGE WILL BE REVIEWED AND APPROVED BY CITY STAFF AT THE TIME OF PERMITTING. UH IN SUMMARY, THE PROPOSED DEVELOPMENT MEETS MANY OF THE ENGAGED NEURO STRATEGIC PLAN DEVELOPMENT STANDARDS. THE BUILDING IS APPROPRIATELY POSITIONED ON THE SITE TO ADDRESS THE PRIMARY STREET EVEN WITH THE EXISTING STORM WATER BASIN, LOCATED IN FRONT ALONG SMITH MILL ROAD, AND THE APPLICANT HAS, UH POSITIVELY

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ABOUT ANOTHER FACILITY THEY HAVE IN TOWN, WHICH OPERATES THE SAME WAY. AND THEY CLAIM THAT THEY HAVE 3 TO 5 CUSTOMERS PER DAY, MAX. AND THAT'S BETWEEN BOTH THE DRIVE THROUGH AND INSIDE IN MOST OF THOSE ACTUALLY INCUR OCCUR INSIDE. DO THEY NEED THE DRIVE-THROUGH? THAT'S MY QUESTION. ACCORDING TO THEM, THEY DO. YES. OK, UM WITH THAT. ASSUMING THAT THE VARIANTS WEREN'T THROUGH. WOULD YOU BE OK WITH THE CONDITION OF APPROVAL ON THAT PARTICULAR VARIANCE THAT UM, IF THERE IS A STACKING ISSUE BECAUSE THAT INTERSECTION IS NOT ONE YOU WANT TO STACK TO, UM, THAT THE CAN. THE VARIANT ITSELF COULD BE REVERED WELL AGAIN LEGAL QUESTION. FOR OUR STAFF.

WE CAN'T REVOKE THE VARIANCE OF I TAKE IT ONCE IT'S ESTABLISHED, EVEN IF THERE'S CONDITIONS ON IT . I THINK ONCE IT'S ESTABLISHED, YOU BE HARD PRESSED TO TAKE IT BACK. OK? UM. BUT IF WE PUT A CONDITION ON THE CONDITIONAL USE BECAUSE DRY THROUGHS ARE CONDITIONAL USE. AND THOSE COULD BE REVOKED BY THE CITY IF THE CONDITIONS THAT WERE PRESENTED TO US WERE NOT MET. I THINK YES, ON THAT ONE. IF YOU DO IT THAT WAY, YOU CAN DO IT THAT WAY. OK SO WE HAVE AN ENFORCEMENT ARM THAT COULD SO THE POINT I WANT FOR YOU AND REALLY FOR YOUR CLIENT IS THAT UM FOR THAT TO PASS. YOU HAVE TO MAKE THE CASE THAT IT'S NOT A NUISANCE. THAT IT'S DIFFERENT WE NEED WE NEED TO HEAR A LOT OF DIFFERENT, UM OR THE CASE THAT YOUR COACH BROKEN FOR BANKS? UM EITHER WAY, YOU KNOW, SOME WAY THAT SAYS EITHER THE CODE SHOULD NOT APPLY OR IT DOESN'T APPLY HERE. OK, UM AND IF WE'RE WRONG, WE LOSE THE ABILITY TO USE THIS BECAUSE IT WOULD BE A NUISANCE. SURE.

ABSOLUTELY. YOU'RE GOOD WITH THAT. THANK YOU. UM BY OTHER PEOPLE ASK QUESTIONS WHEN I GO DIG OUT THE REST OF MY LIST. OK I GUESS CARTER JUST EXPAND A LITTLE BIT ON IF THERE'S ONLY 3

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THANK YOU. SO THERE'S A PATIO ALONG THE BACK THAT DRIVE THRU IS FOR PICK UP ONLY NOT EATING.

BUT WHO WOULD BE USING THAT PATIO WAS THE PURPOSE OF THAT? WELL, IT IT WOULD HAVE DONE IN, UH, IN THE RESTAURANT, YOU KNOW, SO THE PICKUP WOULD BE FOR MOBILE ORDERS OR UBER EATS. YOU KNOW THINGS LIKE THAT. UM THE WAY THESE OH, THESE RESTAURANTS ARE ARE WORKING THESE TYPES OF PICKUP SITUATIONS THESE DAYS. IN ADDITION TO THE WINDOW, THEY USUALLY HAVE DESIGNATED SPACES FOR PICK UP AS WELL. AND SO. THAT PARTICULAR DRIVE THROUGH IS A VERY LITTLE CONCERN TO ME IN THAT. I'M SHOWING UP TO GO THROUGH THE PICKUP WINDOW AND THE LINE IS TOO LONG ALL PARK IN ONE OF THE DESIGNATED SPOTS IN RUNNING A GRAB IT AND SKIP THE LINE. RIGHT SO, UH, YOU KNOW THE WAY THEY'VE THEY'VE WORKED THESE SITUATIONS OUT FOR MOBILE ORDER PICKUPS. IS IT REALLY YOU KNOW, LESSENED A LOT OF THE IMPACT ON ON DIRECTIVE SITUATIONS LIKE THAT. OK THERE'S NO ORDERING ON SITE AT THAT PARTICULAR. DRIVE THROUGH, IT WOULD BE FOR PRE ORDERED MEALS ONLY. AND PICK UP.

CUSTOMERS CERTAINLY CAN SHOW UP GOING IN ORDER. SIT DOWN, USE THE PATIO. AND DONE IN MORE TRADITIONAL MANNER. OK? THE PATIO IS ALSO AVAILABLE FOR THE OTHER TENANTS FURTHER DOWN.

ABSOLUTELY, YES. AND I WANNA ASK YOU TO CLARIFY WHAT YOU SAID EARLIER. SO NILS POINT. WE CAN PUT CONDITIONS ON THE CONDITIONAL USE. AND. IF THE CIRCUMSTANCES THAT WERE FACING A CONDITIONAL USE ON WHETHER THE CHANGE CAN THE CITY CAN REVOKE CONDITIONAL USE. IS THAT RIGHT? CORRECT. I BELIEVE SO, YES. AND SO WHETHER THERE'S SEVEN STACKING SPACES OR 100 STACKING SPACE. IT DOESN'T MATTER IF THE CONDITION SKILLS. RIGHT? IT JUST BECOMES ANOTHER CURB CUT.

EFFECTIVELY. YEAH, AND THAT'S WHY, UH, STAFFS RECOMMENDATION IS TO TIE IT TO THE LOW NUMBER OF PEOPLE WHO WILL USE THE DRIVE THROUGH. IT PROVIDES A LITTLE BIT MORE FLEXIBILITY FOR ALTERNATE USERS. BUT IT GETS DOWN TO, UM, THE CITY TRAFFIC ENGINEER'S ULTIMATE CONCERN IS TO MAKE SURE IF THERE ARE ONLY FOUR PARKING SPACES THAT IT IS A LOW INTENSITY USER IG REGARDLESS OF WHAT THE SPECIFIC BUSINESSES UM AND SO THAT'S WHY WE PUT THAT CONDITION HERE ON THE CONDITIONAL USE APPLICATION. I'M SORRY. I'M NOT FALLING. DOES THAT MEAN IT'S NOT A VARIANCE OR ARE WE NOT MESSING? SEPARABLE? HM SEPARABLE ISSUES. THEY'RE SEPARABLE ISSUES. SO THE VANCE IS TO THE NUMBER OF QUEUING OR STACKING SPACES FOR THE DRIVE THROUGH ITSELF. SO THE CITY PARKING CODE HAS, UH, JUST LIKE THE NUMBER OF OFF STREET PARKING SPACES. IT HAS A MINIMUM AMOUNT THEY HAVE TO PROVIDE FOR DRIVE THROUGHS AS CHELSEA MEN. IT'S A ONE SIZE FITS ALL SO IT DOESN'T GET INTO THE FUNCTIONALITY OF THE BUSINESS ITSELF, OR IF IT'S A FULL SERVICE DRIVE. OR SOMETHING, UH, ELSE. UM, THE CONDITIONAL USE IS JUST TO HAVE THE DRIVE THROUGH IN AND OF ITSELF. DO YOU FEEL LIKE YOUR ANALYSIS OF THE NEED OR THE REDUCTION IN PARKING SPOTS IS INFORMED AT ALL BY THE AVAILABILITY OF THE DRIVE THROUGH SUCH THAT IF THERE WASN'T A DRIVE THROUGH THE NEED FOR PARKING SPOTS WOULD BE GREATER. OR DO YOU THINK THAT THAT WOULD BE ADEQUATE IF THERE WASN'T A DRIVE THROUGH I THINK IT WOULD BE ADEQUATE. UM YOU KNOW, IN BOTH CASES, SO WE THINK THE NUMBER OF OFF STREET PARKING SPACES TO SERVE ALL THOSE BUSINESSES AS AN ADEQUATE AMOUNT BASED ON SORT OF THE DESIGN. AND THEN YOU KNOW, BASED ON THE FUNCTIONALITY. WHAT WE KNOW FOR THE DRIVE THROUGH WE ALSO FEEL THAT THAT'S A SUFFICIENT AMOUNT OF STACKING SPACES. WE'RE NOT ASKING A VARIANCE ON THE NUMBER OF PARKING SPACES. IT'S A VARIANCE ON THE NUMBER OF STACKING SPACES FOR THAT, DRIVE-THROUGH. OK, THANK YOU.

SORRY. I HAVEN'T WE IN THE PAST PUT SOME SORT OF LANGUAGE ON CONDITIONAL USES THAT SAYS THAT THE CONDITIONAL USE GOES AWAY IF CERTAIN CONDITIONS STOP. USUALLY IT'S THE USE OF THE TENANT. I

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TO PUT THAT TYPE OF CONDITION ON ON THIS CONDITIONAL USE AS WELL. I THINK IT'S THERE. IT'S JUST WORDED DIFFERENTLY THAN WHAT WE USUALLY DO. I THINK NORMALLY WE SAY SOMETHING THAT IT WOULD BE VOID. IF THEY USE GOES AWAY, BUT I THINK IN THIS CASE WE FRAMED IT TO SAY WHAT WAS ALLOWED INSTEAD OF WHAT WOULD BE PROHIBITED. SO WE'RE SAYING THIS IS WHAT IS PERMITTED. UM, LOW VOLUME. USE NOTHING MORE THAN 3 TO 5 PEOPLE A DAY, SO I JUST SEE THAT JUST CAUSING PROBLEMS DOWN THE ROAD AT THE DIFFERENT BANK GOES IN THERE. THEY'RE GONNA COME IN AND SAY, OH, GREAT.

WE'VE GOT THE DRIVE SITUATION ALL TAKEN CARE OF, AND HERE COMES CHASE OR THREES AND. THEN WE HAVE ISSUES THAT COME UP. I HAVE A SUGGESTION THAT TOWARDS THAT, UM, AND THAT IT BE SUBJECT TO ANNUAL REVIEW. I THINK THE WAY WE'VE DONE UH LIKE ENFORCEMENT, UH, IN THE PAST. I DON'T KNOW IF YOU'VE HAD ANYTHING QUITE LIKE THIS, BUT I THINK WHAT WE WOULD DO IN THIS CASE IS THAT IF WE RECEIVED COMPLAINTS THAT THE DRIVE THROUGH WASN'T SUFFICIENT, THEN BASED ON THIS CONDITION, WE APPROVAL WITH THE RECOMMEND DATE OR WHAT THE CONDITION AND STAFF RECOMMENDS THAT WE COULD GO TO THAT BUSINESS. ASK FOR THEM TO GIVE US A QUEUING ANALYSIS.

THAT'S WHAT WE'VE DONE IN THIS CASE. THAT'S WHAT WE GAVE TO OUR CITY TRAFFIC ENGINEER FOR THE REVIEW. UM WE CAN ALSO REQUIRE THEM TO GO OUT AND DO COUNTS. UM, THAT'S CERTAINLY SOMETHING WE DO FOR TRAFFIC. JUST IN GENERAL AROUND THE CITY. UH, SO WE DO HAVE SOME MECHANISMS TO ENFORCE THE CONDITION. UM IF IT DOES INDEED, UH, COME INTO QUESTION IN THE FUTURE WITH THE DIFFERENT TYPE OF BANK CARTER. DO WE KNOW HOW LONG THE LEASE IS FOR THIS? I DO NOT. UH BUT YOU I. I WOULD IMAGINE YOU COULD PUT A CONDITION ON THAT. IF THE TENANT WERE TO CHANGE, WE WOULD BE REQUIRED TO COME BACK TO RENEW THEM CONDITIONAL USE UPON CHAIN INTENT. YEAH, THANK YOU.

YEAH. OH, MY GOODNESS. AND SO, YEAH, I DROPPED THE RENEWAL ONE ON THERE. UM, SO BASICALLY AS LONG AS CONDITION TWO. IMPLIES THAT. IT'S NOT A ONE TIME THING WHERE THEY SAY 3 TO 5 DONE, AND WE HAVE NO FURTHER REVIEW THAT IF CONDITIONS ON THE GROUND PROVE THAT TO BE WRONG THAT IN THE FUTURE. THIS CAN GO AWAY. BECAUSE OF THOSE CONDITIONS. YEAH, I THINK YOU HAVE TO GO AWAY. OR THEY WOULD HAVE TO COME BACK TO THE PLANNING COMMISSION FOR, UM FOR RE EVALUATION OF A NEW CONDITION. WE USE THOSE NEW FACTORS. OK? AND I, WE'VE WE'VE REALLY TALKED ABOUT THE BANK.

BUT I HAVE SIMILAR CONCERNS AND MAYBE EVEN GREATER CONCERNS FOR THE RESTAURANT. UM, THIS IDEA THAT IT'S ONLY GONNA BE FOR PEOPLE PICKING UP FOOD. BUT WE DIDN'T HEAR ANY. WE DIDN'T GET ANY INFORMATION THAT WOULD SUGGEST THAT THERE WAS SOME SORT OF COUNT AS TO HOW MANY AND WE DON'T WANT. I DON'T KNOW. OBVIOUSLY WE HAVEN'T SEEN I DON'T. YOU'RE ABLE TO DISCLOSE WHO THE POTENTIAL USER IS GOING TO BE IN THAT SPACE. UH, THE USER THAT WE HAVE BEEN TALKING TO ALL ALONG IS ON THE FENCE ABOUT ABOUT TAKING THE SPACE. SO UH AND BECAUSE WE WEREN'T AS CONCERNED ABOUT ANY ISSUES AT THAT END, WE DIDN'T ASK ABOUT NUMBERS THAT THEY TYPICALLY SEE UM THIS PARTICULAR USER THAT WE WERE TALKING TO OFTENTIMES DOESN'T EVEN HAVE A PICKUP WINDOW. UM SO IT'S NOT A MAINSTAY OF THEIR BUSINESS MODEL. WHICH WHICH ONE COULD INFER FROM THAT. THAT. THEY DON'T HAVE MUCH USE. THEY COULD. ALSO WE COULD ALSO INFER FROM THAT. WE HAVE ABSOLUTELY NO DATA OF WHAT THE USE IS CORRECT. I'M MORE CONCERNED ABOUT THAT SPACE BECAUSE THAT SPACE STACKS ONTO A MORE HEAVILY TRAFFICKED. INTERNAL ROADWAY, THEN MUCH MY SENSE ANYWAY, THAT BUT NO, I KNOW I KNOW THAT. BUT I'M JUST SAYING OF AN INTERNAL ROBOT THAT STRIKES ME AS AS UM MORE HEAVILY TRAVELED THAN THE ONE AT THE ONE AT THE SOUTH. THE NAMES OF THE STREETS, BUT WOODCREST, UM WOODCREST AND FOREST SO. UH, MR CHAIR WHEN THE CITY'S TRAFFIC ENGINEER REVIEWED THE PROPOSAL, UM, BECAUSE WOODCREST IS THE PRIVATE DRIVE. AND UM, JUST, UM EVALUATING THE RESTAURANT. UH, NUMBER OF STACKING. THEY WERE MORE COMFORTABLE WITH HAVING THE RESTAURANT ON THE NORTHERN END AND THE BANK ON THE SOUTHERN END . I ASSUME THAT'S BECAUSE THERE

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NCAP 10 2 WAFFLE. BUT THEY VERY WELL COULD STILL BE IN PLAY. AND AS A CARTER MENTIONED, TOO, WE'VE HAD THE LUXURY OF WORKING TOGETHER THE LAST FEW MONTHS AND YEAH, I THINK AS WE MENTIONED WE , WE FLIPPED THE BUILDING OR THEY FLIPPED THE BUILDING AT THE REQUEST OF THE CITY TRAFFIC ENGINEER. AND YOU KNOW, WHEN WE WERE LOOKING AT THIS, I THINK YOU KNOW THE TYPES OF USERS AND THE NUMBER OF USERS IS ONE THING , BUT WE LOOK STRONGLY AT THE OVERALL DESIGN AND SITE PLAN. I THINK ANOTHER ONE OF THE THINGS THAT WE YOU KNOW THAT WE COMMENTED ON THE STAFF REPORT IS JUST THE CURVATURE OF THINGS UP OR IS THE CURVATURE OF THE DRIVE THROUGH ON THE SOUTH SIDE ARE OURS OPINION OF STAFF IS YOU KNOW WE WANT TO MAKE SURE WE'RE PROTECTING SMITHS MILL ROAD THERE THAT IS LIKE A PRIMARY ARTERY. WE FEEL THE ST THIS DESIGN DOES. SO UM, BOTH OF OUR CITY, UH, LANDSCAPE ARCHITECTS WHO, UH, COMMENT ON LIKE THE DESIGN OF THE SITES AND ALSO THE CITY TRAFFIC ENGINEER, UH, FEEL THAT TO BE DRIVEWAY LOCATION, SO THEIR DISTANCE AND HOW THEY'RE THE TURNING FUNCTIONS WILL HAVE TO OCCUR IN SUFFICIENT FOR THESE, UM TYPES OF USES AND THE DRIVE THROUGHS AT THE LOCATION. AND THERE'S NO QUESTION THAT'S AESTHETICALLY PLEASING. IT DOES

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OK, BUT THAT'S THAT'S THE PROBLEM HERE. BECAUSE THIS SORT OF UNIQUE YEARS. MAYBE THAT'S NOT UNIQUE, BUT I THINK IT'S KIND OF UNUSUAL. DRIVE THROUGH ON TWO SIDES OF A BUILDING. I CAN'T THINK OF ANOTHER BUILDING IN YOUR ALBANY THAT HAS THAT. BUT AS I SAID BEFORE, AND YOU KNOW, DRIVES THE CONDITION AND WE HAVE TO VARIANCES ON TOP OF THAT. IT JUST I'M NOT SURE WE CAN FIX THIS BY THIS ONE. I MEAN, UM BECAUSE THIS IS KIND OF UNIQUE BECAUSE IT'S A SHORT DRIVE DRIVE THROUGH AREA BECAUSE HE HAD A FRANKLY THE ANECDOTAL EVIDENCE WE'RE HEARING. YOU KNOW, SECOND HAND THROUGH YOU. IS THAT THERE WILL ONLY BE 3 TO 5 CARDS OF MOST A DAY AND I WE DON'T KNOW IF THAT'S TRUE OR NOT. IT'S THE PERSON WHO HAS THE KNOWLEDGE. IS IT HERE TO TELL US THAT BUT, UM BUT WHAT I GUESS WE'RE WHAT WE ASSUME THAT THAT'S THE CASE THEN. AND THEN WE DO HAVE THE ENFORCEMENT MECHANISM IF IT TURNS OUT TO NOT BE THE CASE. SO OK, THANK YOU FOR LISTENING TO MY MUSINGS HERE IN IN IN CARTER, SO THIS LOT OF LAND IS A LITTLE TRICKY RIGHT TO MAKE THE NUMBERS WORK AND THE RETENTION AND SO THERE'S ONLY SO YOU GOT TO PUT A BIG ENOUGH BUILDING FOR YOU FOR THE NUMBERS TO WORK CORRECT TO HAVE THE CORRECT PARKING SPOTS. SO YOU'RE AND THEN WE HAVE TO BE A LITTLE CAREFUL. AND IN THAT WE WANT SOMETHING COMMERCIAL TO GO THERE. WE MAY HAVE TO BE A LITTLE BIT. LENIENT. WELL. CERTAINLY ON THE BANK SIDE.

YEAH, THE BANK, THE BANK ONE IS NEVER GONNA GO AWAY IN TERMS OF BEING A PROBLEM THAT REALLY REQUIRES A VARIANCE. THE UPPER ONE SAYS THAT IF THE BUILDING GOT A LITTLE DEEPER THE WIND IT WOULD MOVE WITH IT AND WE WOULDN'T BE HERE. WELL AND THAT IF IT WOULD PLEASE YOU, YOU KNOW WE COULD ELIMINATE THE VARIANCE ON THAT PARTICULAR DRIVE THROUGH BY MOVING THE WINDOW. ONE DAY.

YOU KNOW THAT IT WAS EASY VARIANCE OF ALSO WHAT THAT MADE IT THE EASY VARIANCE TO GET RID OF YOU OK? UM. QUESTIONS AND COMMENTS ON THE SETBACK. SO THE SETBACK VARIANCE IS HERE BECAUSE THE WIDER WAY RIGHT UP WAY GOT WIDER ACROSS THIS PROPERTY. SO IF YOU DIDN'T KNOW WHERE THE RIGHT OF WAY WAS, WOULD IT BE VISIBLE? THAT YOU HAD A VARIANCE. I DON'T PERSONALLY BELIEVE SO. NO, OK. AND NOT FOR THE RECORD, THAT STAFF CONCURS ON THAT. THAT UM THIS ONE IS

[00:35:06]

FOR RETAIL TENANT ON EACH ELEVATION OF THE BUILDING. IT'S THAT'S ON SIDES ON A PUBLIC OR A PRIVATE RUN. SO IF YOU TAKE A TENANT THAT'S IN THE MIDDLE THE WAY I READ. THIS IS THEY'RE ALLOWED. A SIGN ON EACH BUILDING ELEVATION AS IT SAYS BUILDING ELEVATION. AND THOSE, UH, SIDE ELEVATIONS ARE PRETTY NARROW. AND YOU COULD TECHNICALLY HAVE SIX TENANT SIGNS OUT THERE THE WAY I'M READING IT. I'M GOOD, AND THAT DOESN'T FEEL RIGHT. IT FEELS LIKE IF YOU'RE A MIDDLETON, YOU SHOULD ONLY BE ABLE TO HAVE THE PARKING LOT AND THE SMITH MILL ROADS ARE NOT THE SIDE OF LOCATIONS. SO PART OF THIS SUBMISSION IS THE FACT THAT THE SIGN LOCATION SHOWN ON THE

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I LOVE THE OVERALL DESIGN IT TYPICALLY IN RETAIL. THE UTILITY PANELS AND STUFF WOULD BE IN THE REAR OF THE INSIDE THE STORY HERE. YOU'VE GOT HIM ON THE OUTSIDE, WHICH IS KIND OF AN EYESORE. IS THERE A REASON? THAT THOSE UTILITIES WOULDN'T BE COULD YOU AGREE TO PUT THOSE INSIDE THE SPACE AND I HAVE VISIBLE ON THE EXTERIOR? SO THOSE ARE THE ELECTRICAL METERS AND CT CABINETS AND DISCONNECTS. UM AND TYPICALLY, WE WOULD LOCATE THOSE ON THE EXTERIOR OF THE BUILDING. UM. IT'S KIND OF IT'S UNSIGHTLY RIGHT. SO IT IS AND THE REASON IT'S LOCATED WHERE IT IS, IS TO BE RELEASED, UNSIGHTLY TO THE OUTSIDE COMMUNITY, RIGHT. SO ON THE.

WOODCREST WAY FOREST DRIVE AND, UH, SMITHVILLE. YOU KNOW, WE MOVE THE UTILITIES TO OUR INTERIOR PARKING LOT SIDE TO MAKE IT LESS OBJECTION. MM. AND THOSE THOSE COULD BE AN INTER ELECTRICAL ROOM TECHNICALLY, COULDN'T THEY? THEY HAVE TO BE ON THE OUTSIDE. POTENTIALLY, I'VE NEVER DONE THEM. I THINK DISCONNECT BY MEAN TO STILL BE OUTSIDE. I CAN SEE. YEAH, THAT'S WHAT I WAS NEVER TRIED TO. SO AGAIN WITH THE NUMBER OF TENANTS UH, AND RIGHT NOW. IT'S SEVEN.

IN THE FEW NUMBER OF TENANTS GLASS GEAR BE OBVIOUSLY OUT. YEAH. ANYONE FROM THE PUBLIC KEVIN QUESTIONS AND COMMENTS ON THIS COME TO MIC. IT'S NO BACK TO US. I MOVED TO ACCEPT THE

[00:45:11]

DISCUSSION ON THE DOCUMENTS MOTION. OH, PLEASE, MR KIRBY. MR SCHELL. MR. LARSON MR WALLACE.

MOTION PASSES, THEREFORE VOTES TO ADMIT THE DOCUMENTS. OKAY? ON THE FINAL DEVELOPMENT PLAN. MY ONLY NOTES ARE THAT THE RIGHT IN RIGHT OUT. IS COVERED ON THE CONDITION TO CITY ENGINEERS COMMENTS. WE HAVE THE APPLICATION AGREEMENT WITH ALL OF THE STAFF REPORT COMMENTS.

OH, YEAH. FINAL DEVELOPMENT PLAN DOES NOT REQUIRE THE VARIANCES OR THE CONDITIONAL USES TO BE ABLE TO BE PASSED ON ITS OWN. CONDITIONS. NO I'M I'M I'M I'M FLOATING THAT AROUND TO MAKE SURE THAT NO ONE DISAGREES WITH IT. BECAUSE OTHERWISE WE'RE GONNA HAVE TO DEAL WITH THE ORDER IN WHICH WE DO THESE AND PUT CONDITIONS THAT ONE DEPENDS ON OTHERS. THAT WAS HENCE MY QUESTION. BUT ARE THEY UNDER PART? WAS IF THEY LOST THE VARIANCES, THE FARM DEVELOPMENT STANDARD PLAN WHICH STILL BE VIABLE BECAUSE THEY HAVE ENOUGH PARKING THEY COULD BUILD A BUILDING WITHOUT THE DRIVE THROUGHS. TENANTS IN THE FARM DEVELOPMENT PLAN THIS BUILDING HERE STUFF I BELIEVE IS OKAY. WE'RE CLEAN, CLEAN ENOUGH TO YEAH, I AGREE. OKAY? DO WE WANT TO MOVE ON THE PHONE ABOUT DEVELOPMENT PLANNING. UM SO HERE EMOTIONAL, FINAL GOVERNMENT PLAN. I MOVE FOR APPROVAL. THE FINAL PLAN 1 22 2023 SUBJECT TO THE CONDITIONS AND THE STAFF REPORT, NOTING THAT CONDITION TO ALL ENGINEERS COMMENTS INCLUDES PROPERLY ADDRESSING THE RIGHT IN RIGHT OUT SITUATION. SHOULD THERE BE ONE DO I HEAR A SECOND? NO SECOND. DISCUSSION ON THE MOTION OF THE FINAL DEVELOPMENT PLAN ITSELF. YOU CAN HEAR THE WHOLE PLEASE, MR. KIRBY MR. SCHELL? YES, MR WALLACE. YES. MR LARSON? YES. THE MOTION PASSES. THERE ARE FOUR VOTES TO APPROVE FINAL DEVELOPMENT PLAN 1 22 2023 THE HARD STUFF OH VARIANCES FIRST OR THE TRADITIONALLY USED HIS FIRST WHAT'S THE WILL OF COMMISSION YOU OR IS THERE A PRECEDENT WE NEED. ON THIS? THERE ARE DON'T THINK IT MATTERS. BUT I DO THINK WHEN WE DO THE VARIANCES, THEY SHOULD BE DONE SEPARATELY. I AGREE WITH THAT, UM SEVEN. QUESTION FOR THE APPLICANT. UM IN THE VARIANCES.

THERE ARE FOUR SEPARATE ONES. DO YOU WANT TO WITHDRAW SECTION C SEVEN PARKING SPOTS? SECONDS YES, YES. THAT ONE GOES AWAY. ALL RIGHT, UM, DOING TRUST. WE DON'T NEED TO VOTE IT DOWN BECAUSE THAT SETS A PRECEDENT. THAT'S DIFFERENT THAN THEY DIDN'T ASK FOR IT, SO IT WAS SIMPLY NOT VOTE ON IT AT ALL, OR IF THEY'VE WITHDRAWN IT? YEAH. COOL. SO WELL, PROBABLY NOT. I MOVED FOR ACCEPTANCE OF THE STAFF REPORTS ON THE DOCUMENTS IN HER RECORD FOR VARIANCES 1 23 2023. DO YOU REMEMBER A SECOND ON THE DOCUMENTS MOTION? SECOND DISCUSSION ON THE DOCUMENTS THE ROLE, PLEASE. MR KIRBY. MR LARSON? YES, MR WALLACE. YES, SIR. MR SCHELL? YES THE MOTION PASSES. THERE ARE FOUR VOTES TO ADMIT THE DOCUMENTS, OKAY? ONTO THE VARIANCES. AND CAN WE DO THESE IN THREE MOTIONS SO THAT THEY ARE SEPARABLE? OKAY YES, I HEAR A MOTION ACTUALLY GO OVER CONDITIONS NOW ON THE VARIANCES, UM. SO. WE'VE GOT THE VARIANTS ON SETBACKS. ENCROACHMENT DON'T THINK THEIR CONDITIONS. CONDITIONS MERELY ADDED VARIANTS BY ITSELF IS RELATIVELY CLEAR.

ARE THERE ANY CONDITIONS PEOPLE NEED TO HEAR ON THE ENCROACHMENT? WHAT YOUR EMOTION ON PART OF THE VARIANCES. I MOVED TO APPROVE VARIANTS 1 23 2023 PART A. RIGHT HERE. A 2ND

[00:50:09]

FURTHER DISCUSSION ON THE MOTION FOR THE PARTY. THE ROLE, PLEASE. MR SCHELL? YES MR LARSON? YES MR KIRBY? YES. MR WALLACE? YES. THE MOTION PASSES WITH FOUR VOTES. THREE MOTION PART PART PART B IS THE FORESIGHTED ARCHITECTURE. UM . SO AND ACTUALLY LET ME BOTTOM PART OF PART OF THE REASON FOR APPROVAL ON DOING THIS FOR PRECEDENT SETTING PURPOSES. PART OF THE REASON FOR APPROVAL. IS THAT THE THING THAT CHANGED OUT FROM UNDER THEM WAS THE MOVING OF THE RIGHT AWAY LINE. WAS MY MAIN CAUSE FOR BEING ABLE TO SAY YES TO THAT VARIANCE. PART THING. DO I HEAR A MOTION ON PART? THE FORESIGHTED OPERABLE DOORS, ACTUALLY. DO YOU APPROVE? VARIANCE 1 23 2023 PART B. DO I HEAR A SECOND? SECOND, IT. DISCUSSION ON THE PART ABOUT THE DOORS. I CAN HEAR THE MOTION, PLEASE, MR SCHELL? YES, MR LARSON? YES, MR WALLACE. YES. MR KIRBY? YES. THE MOTION PASSES WITH FOUR VOTES. HE WAS THE ONE THAT THEY WENT THROUGH. THAT TAKES US TO BE 44 STACKING SPACES. ON THE BACK. UM. WRITING RIGHT OUTCOME HANDLED AN ENGINEERING COMMENTS. AIRED THE ISSUE OF IT BEING. TOO SMALL CAN BE REVOKED UNDER THE CONDITIONAL USE THAT IT SUPPORTS. DO YOUR MOTION ON PORTS. SEE? IT'S PART OF THE BRAIN. ABSOLUTELY. THANK YOU. MOVE FOR APPROVAL ON PART D OF THE PARENTS 123. YOU HEAR A SECOND? A SECOND. ANY DISCUSSION. HEROES PLEASE, MR KIRBY. YES, MR LARSON. MR WALLACE. YES. MR SCHELL? YES PARTY PASSES. FOUR VOTES TAKES US TO CONDITIONAL USES. THERE ARE CONDITIONS. FROM. FIND THE RIGHT THING. STAFF REPORT. WE HAVE THAT THE DRIVE THRU IS ONLY ALLOWED FOR PICK UP FULL SERVICE DRIVE THROUGH THIS PROHIBITED, UM, I PRESUME THAT MEANS THINGS LIKE MENU BOARDS AND OTHER SIGNAGE WOULD NOT BE THERE.

YOU'RE ONLY SIGNAGE IS DRIVING THIS WAY. CORRECT, OKAY? LTD. SIGNAGE. OKAY, UM. AND THERE'S A BANK DRIVE THRU IS PERMITTED FOR LOW VOLUME TRAFFIC. UM AND IT SAYS SUBSEQUENT TRAFFIC, ENGINEERS, REVIEW AND APPROVAL AND WE'RE NOTING THAT THIS IS ONGOING AND NOT A ONE TIME APPROVAL, IT COULD BE REVOKED IN THE FUTURE. UM AND THE WORD RENEWAL GOT MENTIONED AS A THIRD CONDITION. SOME EXPAND ON WHERE WE WERE WITH RENEWAL. UM IS THAT RENEWAL UPON NEW TENANT? OKAY? SO THIS IS ONE APPLICATION FOR TWO, OKAY? DO YOU WANT TO CONDITIONALLY USED TO SPLIT OR DO WE TAKE THEM TOGETHER? LET'S DO IT AS ONE. THEN I MOVED FOR EXCEPT THE DOCUMENTS AND COULD WE SPLIT THOSE, THOUGH, SO THAT THE RENEWAL APPLIES TO THE SOUTHERN AND MAYBE NOT THE NORTHERN EXCUSE ME, THE SOUTH EASTERN BANKSIDE LITTLE FROM BANK VERSUS THE RESTAURANT. I

[00:55:01]

DISCUSSION ON THE MOTION. ARE THE CONDITIONS CLEAR? YES THANK YOU CAN HAVE A ROLE, PLEASE. MR KIRBY. MR SCHELL? YES MR WALLACE? YES. MR LARSON? YES THE MOTION. THE MOTION PASSES WITH FOUR VOTES. THANK YOU VERY MUCH. THANK YOU. COPYIST YES GOES TO YES. BRINGS US TWO VARIANTS DOUBLE 07 2024 WALL SIGN FOR ACCIDENT CAN WE HEAR FROM STAFF PLEADS THANK YOU. GOOD EVENING.

THE AXIOM PACKAGING PLANT BUILDING IS LOCATED AT THE SOUTHWEST CORNER INTERSECTION OF MINK, SRI AND INNOVATION, CAMPUS WAY AS HIGHLIGHTED ABOVE THE APPLICANT PROPOSES TO INSTALL TWO WALL SIGNS THE TWO WALL SIGNS WILL BE MELTED ON ONE ELEVATION FACING, UH, STATE ROUTE 161, AND THERE WILL BE NO OTHER SIGNS PROPOSED ON ANY THEG OF VARIANCE FEATURE IS THE COMPANY LOGO IN NAME AND THE SIGN IS APPROXIMATELY 205 SQUARE FEET. THIS SUCCEEDS THE MAXIMUM AREA REQUIREMENT, ACCORDING TO THE CITY'S SIGNED CODE, AND IT'S WHAT THE PLANNING COMMISSION IS EVALUATING. THE APPLICANT PROPOSES TO INSTALL LARGER BALLS . WALL AREA SIGNS TO IDENTIFY THE AXIOM SIX PLANT FROM OTHER AXIOM WAREHOUSES. LOCATED AND THE BUSINESS PARK. THE VARIANCE REQUEST DOES NOT APPEAR TO BE SUBSTANTIAL BECAUSE THE SIGN IS AN APPROPRIATE SIZE FOR THE LARGE WAREHOUSE FACADE. THE BUILDING FRONTAGE THAT THE SIGNS ARE LOCATED ON IS ABOUT 910 FT.

LONG AND THE BUILDING IS 40 FT IN HEIGHT. THE BUILDING FACADES. SQUARE FOOTAGE IS 36,400, MAKING THE SIGNS LESS THAN 1% OF THE BUILDING'S FACADE. DUE TO THIS LARGE SIGN THE PROPOSED WALL SIGNS APPEAR TO BE APPROPRIATELY SKILLED IN RELATION TO THE SIZE OF THE BUILDING. IT'S THE APPLICANT WERE TO INSTALL WALL SIGNS THAT NECK CODE REQUIREMENTS, THE SIGNS WOULD BE UNDER SCALED AND APPEAR OUT OF PLACE ON THE LARGE BUILDING. ALSO THE SPIRIT AND INTENT OF THE ZONING CODE IS PRESENTED BECAUSE THE SCALE OF THE SIGN IS APPROPRIATELY PROPORTIONED, ACCORDING TO CODE. AND THEY HAVE HERE WHO'S HERE? BUT JUST TO MAKE SURE IT'S JUST THAT THIS CORNER HERE IT DOES NOT APPEAR THAT THE ESSENTIAL CHARACTER OF THE IMMEDIATE AREA WILL BE ALTERED. IF THE VARIANCE IS GRANTED THE SCIENCE BASED STATE ROUTE 161, AND IN ADDITION, THE BUILDING MAINTAINS LARGE SETBACKS FROM BOTH PUBLIC ROASTS , MINIMIZING THE VISUAL IMPACTS.

AFTER ALL, THE BUILDING IS ABOUT 200 FT. FROM MINK STREET AND 580 FT FROM US STATE ROUND 6161.

ANOTHER STAFF DETERMINATION IS THAT THE REQUEST IS SIMILAR TO OTHER VARIANCES APPROVED BY THE BOARD OF ZONING APPEALS, FOR EXAMPLE, EXAMPLE, AMAZON AND JIM HAVE RECEIVED APPROVAL FOR THE LARGER SCIENCE AS WELL. THEREFORE THE VARIANCE DOES NOT CONFER ON THE APPLICANT. ANY SPECIAL PRIVILEGES. EVEN THOUGH THE SIGN IS LARGER THAN CODE ALLOWS. IT IS STILL APPROPRIATELY. INTEGRATED WITH THE BUILDING ON SITE. WHICH IS LOCATED AND ADJACENT TO THE DEVELOPMENT AND SKILLED DESIGN AND INTENSITY. THE LARGER SIGN DOES NOT CREATE AN APPEARANCE OF COMPETITION BETWEEN JESUS SCIENCE AND THIS. THEREFORE THIS REQUEST DOES NOT APPEAR TO BE

[01:00:04]

OKAY THEY'RE JUST THERE'S A TOTAL LIMIT ON THE SIZE OF EITHER OF THEM OR THEIR TOTAL TOTAL SIZE OF EITHER OF THEM. THE TOTAL SIZE APPLIES TO EACH SIGN. OKAY, UM OKAY, SO TO ME LATELY VERY MUCH FOR THE SIXTH PLANT SIX. THAT'S ALMOST A HOUSE NUMBER AND AWAY FINDING POINT AS OPPOSED TO CORPORATE LOGOS. STUFF AND I WOULD BE A LOT EASIER TO DEAL WITH. AS IF IT DIDN'T MEET SIGN CODE. THIS WOULD BE A LOT EASIER TO DEAL WITH THOSE VARIANTS. UM SO, YOU SAID IT COMPARES. THE PROPOSAL COMPARES TO AMAZON AND OTHER VARIANCES. YEAH IN FACT, I BELIEVE IT'S A LITTLE SMALL. I BELIEVE IT'S IN THE STAFF REPORTS, BUT THOSE ARE ALSO BUILDINGS THAT HAVE VERY LONG FACADES. UH AND SO THOSE WERE ALSO GRANTED VARIANCES FIRST FOR AN INDIVIDUAL SIGN THAT EXCEEDS BELIEVE, LIKE 250 ALMOST 300 SQUARE FEET. IS THIS SOMETHING THAT WE COULD ADDRESS AND CODE? WE'RE DEALING WITH LARGER FACADES, SO WE DON'T HAVE TO DO VARIANTS OF LIKE THIS. YEAH IT'S SOMETHING THAT WE CAN CERTAINLY CONSIDER AND LOOK INTO. I KNOW WE HAVE A FEW CODE UPDATES, BUT, YEAH, THIS IS SOMETHING THAT YOU KNOW THE CODE, SAYS ONE SQUARE FOOT, UM, PER LINEAR FOOT UP TO 75. SO IT'S BASICALLY SAYING A BUILDING THAT 75 LINEAR FEET LONG. THIS IS OVER 900 FT LONG, SO, YEAH, IT'S JUST KIND OF OUT OF SCALE. AS FAR AS THAT LINEAR FOOT STANDARD GOES, CERTAINLY I THINK ARE OUR SIGN CODE IS PUT IN PLACE BEFORE WE HAD ALL THESE LARGE DATA CENTER WAREHOUSE BUILDINGS AND LOOKING COUNTY. SO, YEAH, I AGREE. YEAH AND MY COMMENT FROM THE OTHER ONE ABOUT EVERY TIME WE DO A VARIANCE, LET'S GO. LOOK AT CODY. I THINK THIS ONE MEETS THAT AS WELL AS OTHER QUESTIONS FROM COMMISSION MEMBERS STRAIGHTFORWARD ENOUGH THAT IT'S A REALLY BIG BUILDING, AND IT WANTS A REALLY BIG SIGN. ANYONE FROM THE PUBLIC HAVE ANY QUESTIONS ARE COMING OUT STORY. YEAH, LET'S HEAR FROM THE OUTLOOK AHEAD OF MYSELF. THANK YOU. CHAIR KIRBY AND MEMBERS OF THE COMMISSION. MY NAME IS ERIC CARTMAN. I LOST ROOM IS UNDERGONE. HAJJ 1000 FLORIN PARKWAY WILL BE HIGHER THANKS FOR THE DETAILED STAFF REPORT.

NOT TOO MUCH DAD AS FAR AS DETAILS ARE ALL COVERED, UM, BUT I ASKED HIM AS A PROUD MEMBER OF THE BUSINESS PARK COMMUNITY AND YOU ALL BE AND THIS IS THEIR SIXTH WAREHOUSE AT 50 INSTRUCTED . I THINK IT WAS IN 2021 OR 22. UM IT'S IMPORTANT TO HAVE IN THIS BUSINESS PARK WHERE THERE'S A LOT OF SIMILAR LOOKING BUILDINGS TO HAVE BUILDINGS THAT ARE EASILY IDENTIFIABLE, BOTH FOR COMMERCIAL TRAFFIC AND ALSO FOR PUBLIC SERVICES LIKE FIRE AND POLICE. THIS PARTICULAR PROPERTY IS UNIQUE FROM THE OTHER. THERE ARE OTHER BUSINESSES WITHIN THE PARK AND THE FACT THAT THIS SOUTH SOCIETY IS ACTUALLY HIGHWAY ORIENTED AND IT IS THE INTENT FOR PEOPLE TRAVELING UP AND DOWN 61 TO SEE THAT THIS IS AN ACTUAL BUILDING. UM IF IT WAS 75 FT SQUARE FOOT.

GRAPHICS LIKE THE CODE WOULD REQUIRE. IT WOULD BE DIFFICULT TO SEE IN PROBABLY WOULDN'T SERVE HIS PURPOSE OF LIFE WAY FINDING SO, UM AGAIN, I'D BE HERE AND WE HOPE THAT EVERYONE DRIVING UP IN THAT 61 CAN SEE THAT ACTION IS A PART OF THE COMMUNITY. HERE WE HAVE THE ANSWER ANY QUESTIONS? YOU HAVE. APPRECIATE YOUR CONSIDERATION. THANK YOU. YES. GOOD. NO JUST ONE COMMENT. JUST THE PHOTOGRAPH WE'RE LOOKING AT RIGHT NOW IS VERY HELPFUL AND CHECKING A LOOK AT HOW THIS YOU KNOW HOW THIS VARIANCE YOU KNOW, WOULD WOULD WORK OUT AND HELPING US SORT OF VISUALIZE WHAT WE'RE ACTUALLY LOOKING YOUR PROOF. SO THANK YOU FOR THAT. COMMISSION MEMBERS.

THEY WERE FROM THE PUBLIC ANY QUESTIONS OR COMMENTS? I MOVED TO ACCEPT THE STAFF REPORTS

[01:05:01]

THIS IS SPECIFICALLY FOR THE SITE LAYOUT AND LANDSCAPING. IN EARLY NOVEMBER OF LAST YEAR, A NEIGHBOR REPORTED TO THE CITY STAFF THAT GOLF BALLS WERE APPEARING IN THE SIDE AND REAR YARD OF THEIR PROPERTY DURING AN INSPECTION CITY STAFF FOUND THAT THE LANDSCAPE WON THE PROPERTY HAD BEEN REMOVED. THE CHANGED THE SITE LANDSCAPING BY REMOVING TREES FROM THE NORTH AND SOUTH PROPERTY LINES SINCE THE EXISTING CONDITIONS DO NOT MATCH THE APPROVED 2009 FINAL DEVELOPMENT PLAN, THE PLANNING COMMISSION MUST REVIEW THESE CHANGES. IN 2009. IN 2009. THE PLANNING COMMISSION APPROVED DEVELOPMENT BECAUSE THEY FOUND THERE WAS ENOUGH EXISTING VEGETATION WHEN SUPPLEMENTED WITH ADDITIONAL TREES TO PROVIDE AN ACCEPTABLE BUFFER TO KEEP GOLF BALLS FROM LEAVING THE PROPERTY. THE COMMISSION ALSO REQUIRED THE FOLLOWING AS PART OF THE FINAL DEVELOPMENT PLAN TO ENSURE THAT THE GOLF BALL CONTROL WOULD BE MAINTAINED.

THEY REQUIRED THAT THERE BE LANDSCAPING INSTALLED ON THE NORTH AND SOUTH PROPERTY LINES TO FILL THE GAPS IN THE EXISTING LANDSCAPE. THEY REQUIRED A FENCE BE INSTALLED ALONG THE EASTERN PROPERTY LINE WITH A BLACK NET TO PREVENT GOLF BALLS FROM LEAVING THE PROPERTY. AND THEY REQUIRED A BLACK NET BE INSTALLED ALONG THE NORTHERN PROPERTY LINE ON THE EXISTING COURSE RAIL FENCE. THE DRIVING RANGE, CURRENTLY HAS AN EXISTING CAR PARKING AREA WITH FIVE RANGE TARGETS. THE SITE ALSO HAS TWO FENCES. ONE ALONG THE EAST THAT IS PARALLEL TO US ROUTE 62.

THAT'S JUST RIGHT HERE A COUPLE OF FEET AWAY FROM THE ACTUAL PROPERTY LINE. AND THE SECOND IS A TALLER SECTION OF NET AT THE SOUTHWEST CORNER OF THE PROPERTY. WHICH IS IF YOU CAN SEE JUST IN THIS CORNER. UM AND THERE IS A 30 FT. NOMO AREA ALONG THE SOUTHERN BORDER OF THE PROPERTY. SO THAT GOES FROM THIS END ALL THE WAY UP TO CLOSE TO THE WATER TOWER. THE DRIVING RANGE HAS AN EXISTENT. SORRY. TODAY MOST OF THE LANDSCAPE ALONG THE SOUTHERN AND EASTERN PROPERTY LINE WERE REMOVED. THE ONLY THING THAT REMAINS IS THE 30 FT. NO MO BUFFER ALONG THE SOUTHERN PROPERTY LINE. THE OWNER STATES, THE REMOVAL OF THE LANDSCAPE ALONG THE SOUTHERN PROPERTY LINE WOULD ENHANCE A VISIT VISIBILITY FOR THE PLAYERS TO PREVENT BALLS FROM LEAVING THE PROPERTY. THE APPLICANT IS PROPOSING THE FOLLOWING THE OWNER NOW USES LIMITED FLIGHT GOLF BALLS TO REDUCE THE DISTANCE BY 15. A 200 FT. LONG 50 FT. HIGH NET IS INSTALLED ALONG THE 800 FT. LONG SOUTHERN PROPERTY LINE WITH MOUNDS ON EACH END. THAT WOULD BE THESE TWO LITTLE GUYS RIGHT HERE ON EACH END OF THE NET. AND THERE WOULD BE, UH, THE TARGETS WOULD

[01:10:04]

[01:15:05]

THANK YOU. THANK YOU. CAN YOU POINT OUT WHERE THE NETTING IS, PLEASE? IF STAFF PURPOSES OF THE RECORD STAFF IS POINTING WHERE THE NETTING IS DEPICTED ON THE SITE PLAN. UH AND FOR PURPOSES OF THE RECORD, I'VE HANDED THE COMMISSION MEMBERS WHAT'S BEEN MARKED AS EXHIBIT ONE. WHICH ILLUSTRATES. TO KEY POINTS. UM. NUMBER ONE AT THE TOP OF EXHIBIT ONE. YOU CAN SEE THAT A GOLF BALL'S TRAJECTORY IS DIFFERENT THAN I ASSUMED, AND I BELIEVE MANY ASSUME IN THAT, UH, YOU KNOW, THE TYPICAL FLIGHT PATTERN OF A GOLF BALL IS TRAJECTORY. UM IT THE GOLF BALL WILL DESCEND ALMOST IMMEDIATELY AFTER IT REACHES ITS APEX. SO MOST PEOPLE THINK IT'S GONNA DO LIKE AAA PARABOLIC SHAPE OR PATTERN, BUT THAT'S NOT HOW IT REALLY WORKS. AND THAT'S IMPORTANT AND THAT'S WHY YOU SEE A LOT OF NETTING ALONG DRIVING RANGES. BECAUSE AS LONG AS YOU POSITION THE NETTING JUST BEING ON THE APEX OF TYPICAL SHOTS. YOU KNOW, THAT'S THAT KIND OF GUIDES WHERE YOU KNOW YOU'RE GONNA POSITION THIS. THOSE NETS NOW THE SECOND ILLUSTRATION. ESTABLISHES. UH WHERE THE WHERE YOU WOULD EXPECT THE APEX. UH, A TYPICAL. MAYBE BETTER GOLFERS THAN ME, BUT, UM, THE TYPICAL FLIGHT PATTERNS, UH, RANGING FROM, YOU KNOW THE SHORTEST CLUBS IN THE BAG ALL THE WAY TO THE DRIVER. UH, YOU KNOW, AND THE YOU KNOW, THE TYPICAL RECREATIONAL GOLFER IS NOT DRIVING A GOLF BALL ANYWHERE CLOSE TO 280 YARDS. UH, FOR EXAMPLE. AND SO, UM. USING THIS ANALYSIS. OF WHERE WE WOULD EXPECT THE APEX OF PARTICULARLY THE DRIVER, UH, TO REACH DICTATED THEN WHERE THE CLUB LOCATED THE NETTING. THAT IT OBTAINED THE PERMIT TO INSTALL.

TO THESE NUMBERS ON YOUR EXHIBIT, ONE THAT SHOW THE YARDS AT THE BALL CARRIES. INCLUDE THE 15% REDUCTION DUE TO THE DIFFERENT LAWS THAT ARE BEING USED, UH, COMMISSION MEMBER WALLACE? NO, THEY DO NOT. THIS IS JUST A STANDARD. UM, IF YOU WERE TO GO TO A GOLF STORE AND PURCHASE A PREMIUM BALL, THAT'S THESE DISTANCES. AND. AND THAT'S A GOOD SEGUE. UM BECAUSE THERE'S A VERY IMPORTANT IMPORTANT POINT TO BE MADE HERE IN THE FALL OF LAST YEAR. UH THE CLUB IMPLEMENTED LIMITED FLIGHT GOLF BALLS, WHICH SIGNIFICANTLY REDUCE THE DISTANCE. A GOLF BALL CAN TRAVEL AND IMPORTANT POINT HERE. IS THAT A TYPICAL RANGE GOLF BALL DOES NOT TRAVEL AS FAR AS A PREMIUM GOLF BALL. MOST MOST STUDIES WOULD SAY IT'S AROUND 10% SHORTER DISTANCE.

[01:20:02]

AFTER THAT, IN AUGUST, UM, THE CLUB STARTED UTILIZING THE LIMITED FLIGHT BALLS. AND. PER STAFF'S TRACKING OF WHERE THEY WERE OBSERVING AND WHERE THEY WERE RETRIEVING THE GOLF BALLS FROM THERE WERE A TOTAL OF 20,900 GOLF BALLS. ZERO OF WHICH LEFT THE RANGE. AND SO FROM THAT EVIDENCE FROM THAT ANALYSIS, IT IS THE CLUB'S CONCLUSION THAT THE LIMITED FLIGHT GOLF BALLS COMBINED WITH THE NETTING HAVE SUCCESSFULLY MITIGATED ANY ERRANT SHOW. UH, GOLF BALLS LEADING THE RANGE. ARE YOU THERE? UM. YOU HAVE A ZERO LOSS NUMBER THROUGHOUT. YOU CAN RECOVER EVERY GOLF BALL THAT YOU GUYS GIVE TO SOMEBODY. I'M SORRY . UM I. I DIDN'T SEE A NUMBER FOR BALLS WE COULD NOT LOCATE. ALL RIGHT, UH, ZERO LOSS. CORRECT. THE BALLS WERE WERE.

THESE ARE THE THIS IS THE COUNT OF THE BALLS RETRIEVED. OK? UM SO YOU'RE SAYING THAT. STARTING IN AUGUST, 26. THE CLUB HAD 20,950 GOLF BALLS THAT COULD BE HIT OFF. BUT I GUESS WOULDN'T BE THAT MANY THERE ARE THAT MANY WERE HIT. SO LET ME ASK YOU A DIFFERENT QUESTION. HOW MANY DID THE DID THE CLUB COUNT UP THE TOTAL NUMBER OF GOLF BALLS THAT IT HAD AVAILABLE FOR RANGE USE.

STARTING ON AUGUST 26TH. YOU HAVE THAT NUMBER AND THEN YOU HAVE DID THE DID IT AT THE END OF THIS PERIOD ON SEPTEMBER. 10TH. DO YOU HAVE SOMEBODY COUNT UP ALL THE GOLF BALLS THAT WERE AVAILABLE FOR RANGE USE. THAT'S NEIL'S POINT. WE KNOW YOUR YOUR EVIDENCE SHOWS THAT THAT YOU RETRIEVED TWO FROM THE CHURCH. BUT WE DON'T KNOW WHETHER YOU STARTED WITH 10,000 BALLS GOT THROUGH FROM THE CHURCH AND ONLY HAVE 9000 BALLS AND DON'T KNOW WHERE THE OTHER 1000 BALLS ARE.

NOW I UNDERSTAND AND LET ME CLARIFY I. I WAS NOT CLEAR IN EXPLAINING WHAT WHAT'S BEING DEPICTED HERE. UM IF YOU. THE TOTAL BALLS HIT WHERE THE TOTAL BALLS HIT DURING THAT DURATION.

IT'S NOT OUT OF SOME FINITE. QUANTITY OF BALLS AND WHEN I TOLD YOU THE 20,000. 950 SHOTS TAKEN. THAT IS SIMPLY A SUM. OF THE SHOTS TAKEN, WHILE THE, UH LIMITED FLIGHT BALLS WERE IN USE. AND SOME OF THOSE LIMITS LIKE BALLS WERE HIT MORE THAN ONCE, SO THERE'S LESS THAN 20,900 TOTAL FALLS. I TAKE IT CORRECT. I'M I'M REFERRING TO INDIVIDUAL SHOTS TAKEN. I UNDERSTAND THAT. WHAT WAS ASKING? WE KIND OF ASKING IS YOU KNOW HOW MANY BALLS OF THE CLUB

[01:25:03]

THESE THIS THIS ANALYSIS WOULD SUGGEST THAT THERE'S NOT A SINGLE BALL THAT IS UNACCOUNTED FOR. AND DO WE HAVE THAT? I MEAN , SOME BALLS, UH, NEED YOUR NAME AND ANDREA, COME TO ME. PLEASE UH, NAME AND ADDRESS IF YOU BOWERSOCK 6846 WARDELL UM, SOME OF THE BALLS. OBVIOUSLY WHAT THIS CHART IS RING. IT IS OUR STAFF WATCHING THE BALLS HIT. OBVIOUSLY YES. WE DIDN'T GET BACK 6650. THERE MIGHT HAVE BEEN 50 BALLS PLUGGING THE GROUND. BUT ALL THESE BALLS HIT WE'RE WATCHING VISUALLY WHERE THOSE BALLS ARE FLYING. ARE THEY FLYING DOWN THE CENTER? THEY FLY TO THE LEFT OR THEY FLYING INTO OUR NET. THAT'S WHAT WE WERE TRACKING HERE. HOW ARE YOU KEEPING TRACK OF IT? WE SELL TOKENS IN THE GOLF SHOPS AND YOU GIVE THEM ONE TOKEN. IT'S 50 BALLS. UH, TWO TOKENS OR 100 BALLS, SO WE KEEP TRACK OF THE GOLF SHOP. HOW MANY TOKENS THEY HAVE TO GET A TOKEN IN THE GOLF SHOP TO REDEEM IT INTO THE BALL MACHINE THAT SPITS OUT 50 BALLS THAT ARE 100 BALLS AT A TIME. OK, SO THEN SOMEBODY ON THE BALLS. WE TALLIED THAT. YES UH, IN THE GOLF SHOP, AND I ADDED IT UP EACH DAY. HOW MANY BALLS WERE HIT EACH DAY AND TO GET THESE NUMBERS HERE? YEAH THE NEXT NUMBER THAT'S REALLY IMPORTANT IS AND THEN YOUR CREWS GO OUT AND RECOVER GOLF BALLS. I DIDN'T HEAR YOU THEN YOU THEN YOUR CREWS GO OUT AND RECOVER GOLF BALLS. ARE THOSE RUN THROUGH A COUNTER. NO OK, SO WE DON'T KNOW WHAT WE KNOW OF THESE. HOW WE'RE FIGURING OUT WHERE THE BALLS ARE LOST OR NOT. WE WERE WATCHING THE FLIGHTS. WE HAD A STAFF MEMBER ON THERE. ON THE RANGE. WATCHING ONE OF THESE BALLS WERE GOING. WE WERE JUST MAKING SURE THEY WERE NOT LEAVING OUR PROPERTY AND WE RETALIATE IF IT I DID. FOR ALL 6000. THERE WAS AN EMPLOYEE WATCHED ON AUGUST 29TH 2025 BALLS HIT THEY THEY WATCHED EACH AND EVERY DRIVE. WE WERE. WE HAD A STAFF MEMBER ON THE RANGE. FROM DAWN TO DUSK. WHAT KIND OF RECORDS ARE MAINTAINED TO DO THAT KIND OF AS ALWAYS, WE KEPT TRACK HOW BEING TOKENS WE SOLD INSIDE AND THE STAFF MEMBER HAD A CHART. AND HE WAS WATCHING EVERY SHOT. OK? BUT YOU DON'T HAVE OR LET'S SAY YOU'RE ONLY NUMERICAL CONTROL ON LOSSES IS. WHEN YOU HAVE TO, LIKE REFILL A MACHINE, AND IT'S NOT AS FULL AS IT USED TO BE. CORRECT. THERE'S A LOT OF THE BALLS THAT DRIVING RANGE. IT'S VERY SOFT, EVEN WHEN IT DOESN'T RING FOR 30 DAYS, SO BALLS WILL PLUG IT IN THE GROUND. WE OBVIOUSLY ARE NOT GETTING THOSE BALLS BACK SO YOU DON'T HAVE SO IS ZERO LOSSES. THE ZERO LOSS COMMENT I JUST GOT WAS NOT THE ACT ZERO LOSS IS LEAVING OUR PROPERTY. WE KNOW THOSE BALLS PLUGGED INTO THE GROUND. OK ALTHOUGH I MIGHT POINT OUT IF YOU CAN'T FIND THEM ON YOUR OWN PROPERTY, YOU MIGHT HAVE TROUBLE FINDING THEM ON SOMEONE ELSE'S PROPERTY. THAT'S THE STAFF MEMBERS. COUNT OF EACH BALL THAT WENT OUT THAT DAY, WHERE HE OR SHE THINKS THAT FALL TRAVEL, TOO. WE WERE. YES WE WERE JUST MAKING SURE THAT BALL WOULD NOT LEAVE OUR PROPERTY. KEEP IN MIND. I MEAN, IT'S A PRETTY. SHOT TO TRAVEL THAT FAR SOUTH OR NORTH, FOR THAT MATTER. UM WELL, WHAT IS THE DISTANCE FROM? EXCUSE ME. NOW, GO AHEAD, GET THIS THING TO WORK. WHAT'S THE DISTANCE FROM THE RANGE INTO YOUR NETTING HERE? FROM WHAT YOU SEE THERE. UM I. THIS IS WHAT. A RULER AND ABRUPTLY SKILLED RULER IN A DIAGRAM WOULD FIX I KNOW THAT FOR A YEAR, POINTING. RIGHT TO THE FRONT. THIS IS WHERE THEY GO. THIS IS WHERE THE GOLFERS THIS IS WHERE THE GOLFERS TO AT OR DO THEY EVER TO WHERE THE NET IS, IS WHAT YOU'RE ASKING? YEAH, BECAUSE A TYPICAL RIGHT HANDED GOLFER IS GONNA SLICE, SO THEY'RE GONNA BE MOVING. THIS DIRECTION. MOST OF THE TIME, I WOULD THINK I'M JUST CURIOUS WHAT THE DISTANCE IS FROM, SAY THIS LOCATION HERE. IT'S 100 AND 100 AND 40 YARDS FROM THAT LOCATION TO THE FIRST POST. OK 140, THEN 67 YARDS FROM THERE, SO TWO TENS ALL RIGHT. AND WHERE'S THE COUNTER SITTING? DURING THIS TIME. UH RIGHT.

PRETTY MUCH AROUND THE EDGE OF WHERE THE TEAM GROUND IS. THIS WAY A LITTLE BIT. ON THE SOUTHERN EDGE. YES. OF WHERE HE WAS BORN IN THANK YOU. FOR THE TIME BEING IN THIS AREA. OK, SO ALL RIGHT. OK IS THAT A CLEAR LINE OF SIGHT OR WHAT? THE TREES OBSCURE SO YOU CAN YOU CAN SEE

[01:30:07]

MAYBE TEED OFF HERE AND DIDN'T HIT ONE OVER HERE, RIGHT HANDED BALLS, R GOLFERS GONNA SLICE IT IF THERE'S A LEFT HAND GOLFER THERE. YES, OK. OK I HEAR I HEAR WHAT YOU'RE SAYING. YOU'RE SAYING YOU HAD SOMEBODY WATCHING IT? I MEAN, YOU'RE YOU'RE SAYING THAT NOT A SINGLE BALL LEFT THE GROUND. IS THAT RIGHT? CORRECT BASED ON THE REPORT THAT YOU GOT FROM YOUR STAFF MEMBER FOR THAT WEEK? YES. YEAH, OK. ALL RIGHT, I. I GET IT. I GET WHAT YOU'RE SAYING. IS THAT THE YOU KNOW THESE ARE SIGNIFICANT INVESTMENTS THAT THE CLUB HAS MADE. TO ADDRESS THIS ISSUE, SO WE'RE TRYING TO MAKE SURE THAT IT'S WORKING. UM AND SO THAT THE DEVELOPMENT PLAN MODIFICATIONS BEFORE YOU ALONG WITH STAFF'S PROPOSED CONDITIONS FOR THIS ZONING QUESTION. UH NUMBER ONE, PREVENT AND MITIGATE ANY IMPACT ON THE ADJACENT PROPERTIES. FURTHERS THE PUBLIC HEALTH, SAFETY AND WELFARE BY PRESERVING THE SIGNIFICANT UH, GREEN SPACE AND RECREATIONAL ENJOYMENT ACTIVITY FOR THE COMMUNITY BY TAKING PROACTIVE STEPS TO ENSURE THE SAFETY OF ALL INVOLVED. UH, WE THEREFORE ASK FOR THIS COMMISSION'S APPROVAL AND ARE HERE TO ANSWER ANY ADDITIONAL QUESTIONS YOU MAY HAVE. AND BECAUSE THIS IS A QUASI JUDICIARY PROCEEDING AND OATHS HAVE BEEN SWORN THE APP AND DOES RESERVE THE RIGHT TO CROSS EXAMINE ANY WITNESS WHO TESTIFIES. THANK YOU. OK? I LET THE GOLFERS QUESTIONS FIRST, BECAUSE I ASK MY QUESTION, BUT LET ME SORRY. UM, SO THE PREVIOUS OWNER IS THE ONE THAT MOVED REMOVED THE VEGETATION SO CURRENT OWNER GOT STUCK WITH THAT PROBLEM. SO AGAIN, THE PREVIOUS OWNER IS THE ONE THAT REMOVED THE VEGETATION. THAT'S RIGHT. SO WE HAVE THAT SITUATION, I GUESS. I GUESS YOU NEED TO HAVE HERE FOR ME TO KNOW. WHAT IF YOU CAN ADDRESS THIS. WHAT THAT'S FOR LACK OF A BETTER TERM. LET'S CALL IT SCREENING. UM. WHAT SCREENING WAS THERE WHEN THE FINAL DEVELOPMENT PLAN, AND THIS MIGHT BE FOR STAFF TOO. IF YOU CAN HELP US WITH THIS PICTURE, WHAT SCREENING WAS THERE AND WHAT? WE APPROVED IT IN 2009 AND IS NOT THERE. TODAY. THOUGHT THERE WAS AN AERIAL IN THE MATERIALS. YEAH SO THIS IS THE FINAL DEVELOPMENT PLAN THAT WAS APPROVED IN 2009, SO EACH OF THESE BUBBLES REPRESENT A GROUP OF TREES, AND SO THERE WAS A LARGE GROUPING AT THE SOUTHEAST CORNER IN SOUTHWEST CORNER. THESE HATCHED GRAY AREAS SHOW WHERE THE APPLICANT TO PUT IN SUPPLEMENTAL PLANTING STAGGERED TREES IN ORDER TO, UH, I GUESS, CONNECT THESE PLANTING AREAS TO ACT LIKE A TREE ROW. AND IN THIS SLIDE AS WELL, YOU'RE GONNA SEE THIS IS AN AERIAL THAT WE TOOK. SO THIS SHOWS THOSE, UM, BUBBLES ON THE PLAN. SO HERE'S THE FIRST GROUPING OF TREES. THIS IS WHERE THE SUPPLEMENTAL PLANTINGS WENT. THIS IS ALSO THE GROUPING OF TREES, AND THIS IS TODAY'S CONDITION. SO THIS IS YOU CAN SEE THE TREES ARE GONE. I MEAN, I THINK THAT'S JUST LIKE A GRASSY CONDITION ALONG THE SOUTH SIDE. UM WHAT ABOUT THE NORTH SIDE, STEVE? YEAH, SO IT LOOKS LIKE THERE IS SOME TREES. IT LOOKS LIKE IT'S NOT QUITE AS ABUNDANT AS IT USED TO BE ON THESE EXISTING CONDITIONS. UM IT'S A LITTLE HARD TO SEE. BUT THERE ARE SOME PLANTINGS STILL THAT FILL IN THESE GAPS. I BELIEVE, BUT, UM YOU KNOW, WE DON'T HAVE A ACCOUNT, BUT IT DOES APPEAR JUST FROM A VISUAL COMPARISON. THAT UM THE TREE RO IS PROBABLY NOT AS UM THE LARGE AS IT USED TO BE. OK? RIGHT? AND THE REPORT TALKED ABOUT MOUNTING FIVE OR 6 FT. HIGH MOUNTING WITH TREES ON TOP OF IT. WHERE IS THAT? SO THE FENCING UH, THE THAT'S 200 FT. LONG AND 50 FT HIGH. THAT'S THIS HATCHED LINE HERE. THERE'S TWO SETS OF MOUNDS THAT EITHER TERMINUS OF THAT FENCING SO AGAIN, THAT'S THAT'S THE FENCING THAT'S SHOWN HERE.

SO THIS IS THAT 200 FT. LONG 50 FT TALL FENCE. THAT'S AT THE WEST SIDE. YEAH THAT'S RIGHT HERE. THAT'S NETTING, THOUGH, IS THAT THE SAME AS THE FENCING OR OH, SORRY. YEAH I'M TALKING ABOUT JUST THE NETTING RIGHT HERE. AND THIS IS WHERE THOSE MOUNDS ARE, UH, THAT MISTER LARSON ASKED ABOUT. SO THERE'S A MOUND LOCATED RIGHT HERE WITH SOME LANDSCAPING ON TOP ON A

[01:35:04]

6567 Y LANE. SORRY. UH, ONE QUICK CLARIFICATION WAS. THE RANGE OPENED IN APRIL OF 23, AND ALL OF OUR MITIGATIONS DID NOT GO INTO FULL EFFECT UNTIL AROUND AUGUST, UH, WITH THE NETTING, INSTALLED THE LIMITED FLIGHT BALLS TARGETS. MOVED. SO IT HAS BEEN A WORK IN PROGRESS THAT DID NOT COME INTO FULL EFFECT UNTIL MID AUGUST. BUT JUST FOR CLARIFICATION SAKE PROCESS TOOK ABOUT THREE OR FOUR MONTHS AFTER THE RANGE OPENED. THANK YOU. I THINK WE SHOULD HEAR. YEAH. ALL RIGHT. I THINK WE KNOW WHAT THEY'VE DONE. AND I THINK YOU DO YOUR YEAH, GO AHEAD. ALL RIGHT, UH, AT THIS POINT, UH, QUESTIONS COMMENTS FROM MEMBERS OF THE PUBLIC, SO WE DO HAVE A CHAIR.

UM A FEW REPRESENTATIVES WHO WOULD LIKE TO SPEAK FROM THE PUBLIC AND THAT CAN ANNOUNCE THEM, UH, IN ORDER? YES YOU'VE GOT THE CARD, SO WE'LL GO THROUGH THERE. UH, IF ANYBODY WANTS TO SPEAK, AND THEY DIDN'T SUBMIT A CARD, UH, WAIT TO THE END, AND THEN WE'LL HAVE YOU GIVE YOUR NAME AND ADDRESS NOT SPEAK YOUR PIECE. GO AHEAD, SIR. SO I HAVE THE FIRST SPEAKER AS SAMANTHA DEMONT. EVENING. SHE SAID. MY NAME IS SAMANTHA DEMENT . THANK YOU. SIERRA FOR THE INTRODUCTION. IW I WORK FOR THE ATTORNEY WHO REPRESENTS CROSSPOINT CHRISTIAN CHURCH. AND I WON'T TAKE UP MUCH OF YOUR TIME. UM THIS EVENING BECAUSE THERE ARE SEVERAL MEMBERS OF THE COMMUNITY WHO WOULD LIKE TO, UH, TO SPEAK WITH YOU THIS EVENING. ABOUT HOW THIS HAS IMPACTED THEM. SO YOU SHOULD HAVE A PHYSICIAN LETTER WITH REFERENCED EXHIBITS. BEFORE YOU. WE SENT THOSE TO YOUR PLANNING STAFF, AND THEY ASSURED US THAT IT WOULD BE PART OF THE RECORD.

THIS LETTER SPEAKS IN DEPTH TO THE CONCERNS AND SOME SUGGESTED CONDITIONS FOR REMEDY. AS YOU KNOW, THE DRIVING RANGE APPLICATION WAS NECESSITATED BY THE FAILURE OF LINKS. CO OPERATE WITHIN THE CONFINES OF A PREVIOUSLY APPROVED SITE PLAN. THE FAILURE IS CAUSING SIGNIFICANT DISRUPTION TO THE CHURCH OPERATIONS AND IS DEPRIVING THE CHURCH OF ITS QUIET ENJOYMENT AND ITS USE OF ITS PROPERTY. THE CHURCH OPERATED FOR OVER 30 YEARS, QUITE 30 YEARS WITH QUIET ENJOYMENT OF ITS PROPERTY BEFORE DEALING WITH THIS NUISANCE. IT'S

[01:40:03]

GOOD EVENING COMMITTEE. I'D LIKE TO START BY THANKING YOU FOR TAKING THE TIME TO HEAR US OUT AND FOR HELPING TO TAKE CARE OF OUR COMMUNITY. MY NAME IS CODY CLARK. I'VE BEEN THE LEAD PASTOR OF CROSSBOW AND CHRISTIAN CHURCH FOR THE LAST 10 YEARS, AND OUR CHURCH HAS BEEN ON OUR PROPERTY.

SINCE 1971. WE'VE BEEN NEIGHBORS TO THE DRIVING RANGE AND PART OF THE LINKS NEIGHBORHOOD FROM THE BEGINNING. GOLF BALLS FROM THE RANGE HAVE BEEN A CONSTANT NUISANCE AND DANGER SINCE THE DRIVING RANGE WAS ALLOWED BY THE CITY. I BROUGHT WITH ME A COPY OF A COLUMBUS DISPATCH ARTICLE FROM 2010, CITING PEOPLE STRUCK BY BALLS AND THOUSANDS OF GOLF BALLS COMING INTO NEIGHBORING PROPERTIES FROM OUR NEIGHBOR ON THE NORTH. I'VE ALSO BEEN IN CONTACT WITH A NEIGHBOR ON THE NORTH, WHO IS NOT HERE TONIGHT WHO ALSO GETS MANY MANY GOLF BALLS ONTO HIS PROPERTY. AND AS YOU CAN SEE, THIS HAS BEEN AN ISSUE, BUT IT BECAME A MUCH LARGER ISSUE OVER THE PAST FEW YEARS. APPROXIMATELY TWO YEARS AGO, LOGGING EQUIPMENT WAS BROUGHT IN AND A FEW ACRES OF MATURE FOREST ON THE BOUNDARY LINES OF THE PROPERTY WERE REMOVED AND YOU CAN SEE WHERE THAT WAS DONE. AS YOU CAN SEE ON THE MAP. THIS IS NOT ONE ROW OF TREES BUT MULTIPLE LAYERS OF TREES THAT WERE BETWEEN 65 AND 75. FT TALL, WE WERE NOT NOTIFIED BY THE CITY OR BY THE THAT THIS WOULD HAPPEN. IT ALSO APPEARS THIS ACTION WAS NOT APPROVED BY THE CITY. WHEN WE CONTACTED LENS, WE WERE REASSURED THAT THEY WOULD BUILD A PROPER NET AND WE WOULD RARELY EVER SEE A BALL. THIS WAS FAR FROM THE TRUTH. WE WERE LEFT WITH AN EYESORE AND AN EVEN GREATER SAFETY ISSUE. THE MINUTE THEY OPEN THE NEWLY WIDENED RANGE WE BEGAN TO RECEIVE AROUND 50 TO 100 BALLS A WEEK. I CALLED LUKE BOWERSOCK. WHO WAS MY CONTACT FROM THE LINKS. HE ASSURED ME THEY WOULD BE GOOD NEIGHBORS AND THEY WOULD KEEP US SAFE AND SAFETY WAS A PRIORITY, BUT MADE NO CHANGES. THE BALLS CONTINUE TO COME INTO OUR BACKFIELD ONTO OUR PLAYGROUND AREA, CLOSE TO OUR BUILDING AND BOUNCING ACROSS OUR PARKING LOT. I BROUGHT WITH ME TODAY A GOLF BALLS FOUND ON OUR NEIGHBOR'S PROPERTY. TO THE SOUTH THAT LANDED IN OUR BACK PARKING LOT BOUNCED ACROSS THEIR LOT AND INTO THE NEIGHBORING PROPERTY TO THE SOUTH. YOU CAN SEE THE MARKS ON THESE GOLF BALLS. AND THESE ARE JUST A COUPLE. ANYONE IN THIS ROOM CAN TESTIFY TO THE FACT THAT MANY MORE HAVE BOUNCED ACROSS THEIR PARKING LOT. WHERE CARS PARK WHERE OUR FAMILIES COME IN AND WHERE WE RUN OUR CHURCH. THE LYNX WAS WELL AWARE OF THIS ISSUE, AND LUKE EVEN BEGINS SENDING PEOPLE OVER TO COLLECT HUNDREDS OF GOLF BALLS OF OUR PROPERTY. OUR NEIGHBOR TO THE NORTH IS IN A SIMILAR SITUATION, AND HE'S ALSO VOICED CONCERNS. BUT AT LEAST HE KNEW WHAT HE WAS GETTING INTO. WHEN HE PURCHASED HIS HOME A FEW YEARS AGO. OUR CHURCH HAS BEEN HERE LONG BEFORE THE LYNX, AND THIS ISSUE WAS PRESSED ON US AFTER MANY CONVERSATIONS WITH LUKE, THERE CONTINUED TO BE TO BE NO ACTION TAKEN. WE EVENTUALLY REACHED OUT TO ATTORNEY AND CONSTRUCTED A LETTER TO THE LYNX AND KIMBER. YOU HAVE COPIES AND YOU CAN ASK FOR ANYTHING MORE ON THAT AFTER NUMEROUS LETTERS. OUR ATTORNEY. THE LINKS DID MOVE TO LOW VELOCITY GOLF BALLS AND MOVE TO IRONS. ONLY THESE ACTIONS HAVE HELPED WITH THE ISSUE, BUT CERTAINLY NOT RESOLVED IT AND IT IS NOT AS A REASONABLE VOLUME EVEN WITH THE CHANGES I BROUGHT WITH ME TODAY, A PICTURE OF GOLF BALLS THAT LANDED IN OUR PLAYGROUND. YOU CAN SEE WHERE OUR PLAYGROUND IS ON THAT MAP NOWHERE NEAR THEIR PROPERTY LINE AND OBVIOUSLY WHERE OUR CHILDREN PLAY. AND THIS IS FROM FEBRUARY. 1220 24. AFTER ALL THESE ACTIONS WERE TAKEN AND AFTER EVERY SINGLE GOLF BALL COMING FROM THEIR PROPERTY HAD STOPPED COMING INTO OURS. YOU CAN. OUR PEOPLE ARE SCARED TO GO INTO THE BACK HALF OF OUR PROPERTY, AND OUR PARENTS LIVE IN FEAR FOR THEIR CHILDREN FOR OVER 50 YEARS , OUR CHOSE HAD OR HURT. OUR CHURCH HAS HOSTED COMMUNITY EVENTS, KIDS, EVENTS AND MEALS IN OUR BACKFIELD AREA AND WE CAN NO LONGER DO SO. LIKE ANY

[01:45:04]

WE ALSO KNOW THAT LOW VELOCITY GOLF BALLS, ALTHOUGH IT MAY LOOK GOOD ON PAPER, THEY'RE IN HERE IN A BUCKET AND WE KNOW THAT THEY WON'T WORK BECAUSE THEY'RE HITTING THEM NOW AND WE GET A SIGNIFICANT AMOUNT OF THEM. WE ALSO KNOW THAT MOVING THEIR TARGETS WON'T WORK BECAUSE THE GOLF BALLS WE ARE GETTING ARE SLICES AND THEY ARE AIMED AT THOSE TARGETS. NOW THESE SOLUTIONS ARE NOT ADEQUATE, AND THEY ARE ACTUALLY LESS THAN THEY'RE DOING NOW, BECAUSE RIGHT NOW THEY'RE ONLY HITTING IRONS AND WE HAVE GOLF BALLS ON OUR PLAYGROUND AND YOU CAN SEE WHERE THAT IS. IT'S HARD FOR ME TO BELIEVE THAT ANYONE IN THIS ROOM OR EVEN THOSE AT THE LINKS THINK THESE ARE SOLUTIONS THAT WILL ACTUALLY RESOLVE THE ISSUE. I WOULD INVITE EACH OF YOU TO COME OVER TO OUR CHURCH DRIVE. OUR BACK LOT. LOOK AT THIS NET AND SEE IF YOU THINK THE CURRENT NET IS ENOUGH PROTECTION. YOU MAY ALSO DRIVE TO ANY OTHER DRIVING RANGE WITH NEIGHBORS AROUND IT AND SEE THE NETS. THEY HAVE. I WOULD ASK YOU. WOULD YOU LET YOUR KIDS PLAY IN OUR BACKFIELD? WOULD YOU BUY THE HOUSE NEXT TO THE LYNX? AND WOULD YOU RAISE YOUR KIDS THERE? WE'RE NOW ASKING THE CITY TO STEP IN ON OUR BEHALF. THE DRIVING RANGE FROM THE BEGINNING HAS BEEN A SAFETY ISSUE, AND THAT IS DOCUMENTED. AS YOU SEE IN THIS ARTICLE TODAY, THEY HAVE NOW SUPERCHARGED THEIR SAFETY ISSUE BY REMOVING ANY BARRIER FROM THEIR NEIGHBORS AND CONSISTENTLY HITTING GOLF BALLS AT US AS YOUR OWN NOTES STAY THE RANGE WAS ONLY DEEMED SAFE BECAUSE THEY HAD MA TREES AROUND IT. THEY HAVE NOW REMOVED THOSE TREES AND THEY SHOULD BE RESPONSIBLE TO REPLACE IT WITH SOMETHING SIMILAR. WE HAVE REACHED OUT TO FIRMS TO SEE WHAT THEIR PLANS ARE. UM AND THEY HAVE GIVEN US A RECOMMENDATION AND WE HAVE PRESENTED THIS TO THE COUNCIL.

THE COUNCIL HAS RECEIVED A REASONABLE PROPOSAL FOR US. WE ARE NOT ASKING FOR ANYTHING NEW.

WE ARE ACTUALLY ONLY ASKING THEM TO REPLACE THE NATURAL BARRIER THEY REMOVED AND THE TREES ARE GONE. THE ONLY WAY TO NOW DO THAT IS WITH AN APPROPRIATE NET. THE PROPOSAL MADE BY THE LYNX TODAY IS SIMPLY DANGEROUS, DISRESPECTFUL TO US, AND I WOULD SAY DISRESPECTFUL TO THE CITY ITSELF. WE'RE ASKING THE COUNCIL TO DENY THIS PROPOSAL AND WE WOULD ASK THAT THE DRIVING RANGE BE SHUT DOWN UNTIL THE LINKS CAN COMMIT TO A REASONABLE LEVEL OF SAFETY FOR ITS NEIGHBORS. IT IS

[01:50:03]

BUT LIKE I SAID, WE OWN AND USE OUR WHOLE PROPERTY AND I THINK IT WOULD BE MOVING THE ISSUE.

BACK, BUT, YEAH, I THINK THAT MAY HELP SLIGHTLY AS WELL. WHAT'S THE TIME PERIOD? OVER WHAT YOU'VE COLLECTED THE GOLF BALLS THAT ARE IN MY, UM I WOULD GUESSTIMATE THAT THIS IS A FEW MONTHS OF GOLF BALLS. IN THIS I MEAN, WE'RE TALKING. WE'RE TALKING THOUSANDS IN A YEAR. AND AGAIN, YOU CAN ASK THAT YOU CAN SEE HOW BIG OF AN ISSUE THIS IS BASED ON THE AMOUNT OF PEOPLE IN THIS ROOM AND YOU CAN ASK ANY OF THEM IF THEY'VE PICKED UP A GOLF BALL, AND THEY WOULD SAY YES AND AGAIN. THESE ARE NOT YOU KNOW, HITTING THEIR NET. THESE ARE NOT MAGIC GOLF BALLS. NO ONE CAN SEE CAN YOU JUST GIVE ME A SENSE OF WHAT THE TIME PERIOD? WAS THAT THE BALLS AND THE BUCKET? WHEN DID YOU FIRST START COLLECTING THEM? AND WHEN DID YOU STOP COLLECTING THEM? GIVE ME YOUR DATES. UM SO THIS I MEAN, I HATE TO GIVE YOU A PERFECT DATES, BUT I WOULD SAY THAT THAT IS ROUGHLY THIS YEAR SO FAR. AND MUCH OF THAT IS IN A TIME FRAME WHEN THEY'RE IN FEBRUARY OF 24. WOULD YOU AGREE WITH THAT TIMELINE, TOBY? I PRIOR TO LATER. WE HAVE RECEIVED THE MESSAGE. DANGEROUS JUST THIS WEEK. HER LAST TOO. OK WE TO PUT THIS IN PERSPECTIVE. WE HAD KIDS GO OUT ON SUNDAY AND PICK UP GOLF BALLS AND THEY PICKED UP 24 AND I WOULD PROPOSE THAT SAID LAST WEEKEND, YOU DID.

THAT WOULD HAVE BEEN SUNDAY. BUT LIKE JUST ON SUNDAY, THEY PICKED UP 24 4 DAYS AGO. THAT'S FOUR DAYS AGO. THAT'S HELPFUL. I JUST SO YEAH, AND LIKE I SAID, THESE HAVE BEEN SITTING THERE FOR A WHILE BECAUSE OVER THE WINTER THEY WEREN'T HITTING. BUT I WOULD GUESSTIMATE THAT'S 2 TO 3 MONTHS IN THAT BUCKET RIGHT THERE AND THE LADY IN THE BACK, SAID IT WAS PROBABLY STARTED COLLECTING AND LAST FALL SOMETIME. IS THAT WHAT I HEARD YOU SAY? AND COLLECTING THEM SINCE THE NET UP, SO I BELIEVE HAVE C. WE'LL NEED THAT REPEATED . UM BUT NOT THE NOT JUST THIS BUCKET. YEAH YEAH. I MEAN, I WOULD GUESSTIMATE, THIS IS MR CHAIR CAN, UH, SHE APPROACHED THE MIC. PLEASE COME TO THE MIC IN YOUR NAME AND ADDRESS BECAUSE YOU'RE NOT MAKING IT TO THE RECORD, WHICH IS GONNA BE IMPORTANT. SO IF YOU WOULD GIVE A RECAP OF THE STUFF NAME AND ADDRESS, TOBY PRICE, 6139, ALBANY, CREST AVENUE, NEW ALBANY, OHIO, 43054. AND COULD YOU RECAP WHAT YOU SAID WHEN YOU SO BASICALLY WE'VE BEEN COLLECTING THE BALLS SINCE, UM THE NET WENT UP, WHICH I BELIEVE WAS APRIL OF 2023. THIS IS ONLY A PORTION OF THEM. WE HAVE A WHOLE LOT MORE THAN THAT. AND, UM ADAM IN THE BACK IN THE BLUE SHIRT, HE RUNS ONE OF THE SOCCER UM, TEAMS THAT COMES TO OUR CHURCH, AND HE JUST TOLD ME THAT A COACH HAS TWO BUCKETS OF THEM HIMSELF. SO THIS IS JUST WHAT WE HAVE. THERE'S PEOPLE THAT PICK THEM UP, TAKE THEM HOME AND APPARENTLY COLLECT THEM. I DON'T KNOW. HISTORICAL SITE. HE USED TO SELL THEM BECAUSE HISTORICAL SITE USED TO HAVE A PROPERTY ON ADJACENT TO THE GOLF COURSE TO THE REGULAR PART OF THE GOLF COURSE. AND WE WOULD SELL GOLF BALLS EVERY WEEKEND. YOU KNOW WE COULD YEAH, BUT WE WON'T QUICK, QUICK QUESTION FOR THE PASTOR. AND IF WE COULD DO THIS QUICKLY, COULD YOU JUST FOR THE RECORD SAY YOU'VE MENTIONED YOU. MAYBE SPOKE WITH A FEW PEOPLE TO TRY TO GET SOME RECOMMENDATIONS ON THE BEST WAY TO SOLVE THE PROBLEM. YES AND YOU HAVE THAT IN THE REPORT. IT'S JUST FOR THE RECORD. JUST SAY IT QUICKLY. WHO DID YOU SPEAK TO? WAS IN A FIRM WAS, UM YEAH, IT WAS A FIRM THAT PUTS UP GOLF. THAT PUTS NETS AROUND A DRIVING RANGE AND THEY PUT A PROPOSAL AND BID TO US OF

[01:55:03]

[02:00:08]

WHAT WAS THE CONDITION PRIOR TO THE NECK? GOING UP THAT YOU THAT YOU EXPERIENCED WAS? WERE THERE WAS THAT WHERE THE TREES WERE, OR, YOU KNOW, I NEVER RENTED THE SPACE WHEN THERE WAS THREE, WHEN THE NET WENT UP TO ME, I I'M A GOLFER, TOO. UM WHEN I GO TO TOP OFF, I AIM FOR THE NET. RIGHT SO I FEEL LIKE IT'S ALMOST BECOME A TO IT'S BECOME ITS OWN TARGET. UM YOU KNOW, AND THE D ART HEAD DIRECTOR, YOU KNOW, WE LAUGH ALL THE TIME. WE'RE LIKE, YOU KNOW, EVERY EVERY GUY THAT GOES OUT TO PLAY GOLF AND THE DRIVING YOU SEE A BIG NET? THEY'RE LIKE I'M GONNA HIT IT OVER THAT NET.

THEY'RE YOU KNOW IT. IT'S BECOME A IF YOU LOOK YOU CAN KIND OF SEE IT'S EVEN AIMED. YOU KNOW THAT DIRECTION A LITTLE BIT, SO IT'S ALREADY IT'S ALREADY YOU'RE NOT EVEN STARTING OFF STREET.

YOU'RE STARTING OFF ALREADY AIMED THAT WAY AND YEAH. EVERY EVERY GOLFER IS GONNA AIM AT THE AT THE NET. I JUST CLOSE DOWN. SO WHEN THE NET WENT UP, THEY STARTED OH, THAT MEANS OK, THANK YOU. FOR THAT STARTED IN A POST. WITH THAT. SO PRIOR TO THAT THE TREES WERE UP. OK WELL AND THEN THEY WERE CLOSED, AND THEN THEY WERE CLOSED. YOU KNOW, TREES AND ALL THAT. OK? THANK YOU. THANK YOU. NEXT. I HAVE GEORGE URBIK. SHE HAVE BEEN REHEARSING FOR AN HOUR. WELL, EVERYBODY KNOWS ME, GEORGE TBI. 7400 HEIMER ROAD. I'VE HEARD SOME THINGS HERE TONIGHT THAT CAN YOU SHOCK ME? AND YOU GOTTA UNDERSTAND WHERE I COME FROM. I PUT 40 YEARS AS A QUALITY MANAGER. AND I WANNA JUST SAY AND THEN I'M PASSING IT ON BOTH THAT AND A LITTLE DISAPPOINTED WITH STAFF. BECAUSE BACK. IN 2009. WE HAD AN AGREEMENT WITH THE GOLF COURSE. WHAT WAS SUPPOSED TO BE UP THERE. THAT ALL DISAPPEARED. STAFF WASN'T TOLD THEY DIDN'T GO OUT AND INSPECT IT OR SOMETHING.

AND I UNDERSTAND IF THEY WEREN'T TOLD THEY COULD HELP. BUT WHAT'S KIND OF BOTHERING ME RIGHT NOW? THIS IS THE SECOND TIME IN SIX MONTHS THAT I'VE BEEN EXPOSED TO SOMETHING THAT DIDN'T HAPPEN THAT SHOULD HAVE CONCERNING THEIR PLANNING AN INSPECTIONS. SO I JUST WANNA PASS THAT ALONG ITS CONSTRUCTIVE. AND YOU PUT SOME QUALITY AND SOME CHECKS INTO THAT PROCESS. I'M SPEAKING IS THE QUALITY GUY HERE. SO THIS GO ALONG WITH ME? ALL RIGHT. I'M GONNA MOVE ON HERE. NOW YOU GOT SHOWN A FELLOW GOT THE NORTH NORTH PROPERTY UP THERE. UM HIS NAME IS JOYNER. HE WAS THE PREVIOUS OWNER. IN OVER THE 10 YEARS THAT HE LIVED THERE IN THE GOLF COURSE WAS THERE WHETHER IT WAS AN OFFICIAL DRIVING RANGE OR NOT, HE STATED IN NEWS IN NEWSWEEK. THAT'S THE THAT'S RIGHT OFF THE SHEET. THE NEWSWEEK 5000 BALLS BE PICKED OUT OF HIS BACKYARD. AND THE TREES WERE THERE. DEFENSES. WERE THERE THE WORST FENCE AND THE AGREEMENT WE HAD WITH THE LINKS AT THAT TIME WAS THEY WOULD PUT NETTING. I'M THE I'M THE RAIL FENCES AND THAT WOULD KEEP THE BALLS FROM GOING OVER THERE. SEEMS TO ME THEY WERE ADDRESSING ROLLING BALLS, NOT BALLS IN FLIGHT. NOW. MR ARMSTEAD WAS ON THE ON THIS COMMISSION AT THAT TIME, AND HE PRESSED THESE GUYS ON THREE DIFFERENT TIMES. I HAVE THE MINUTES RIGHT THERE. THIS IS JUST ONE OF THE OCCASIONS AND THAT WAS IN TWO IN TWO AND, UM 2009 WHEN THIS THING FIRST GOT. AND I THINK ON THE THIRD TIME AND NEIL, I THINK YOU WERE IN ON THAT. YOU WERE QUOTED IN THERE. I DON'T QUITE REMEMBER WHERE

[02:05:04]

THEY NEVER WOULD HAVE GOT APPROVED. YEAH. I GOT A LOT TO DO HERE. THERE ARE 56 POINTS.

I'VE ALREADY MADE ONE OF THEM. THE CORRECTIVE MEASURES ARE TOTALLY INACCURATE. AND IT ALWAYS REFERRED TO BALL CONTROL. LET ME JUST DO A LITTLE DEMONSTRATION. WE'RE GOING OFF RECORD HERE. IF I CAN GET THIS TO WORK, YOU SEE THIS RIGHT HERE? THAT OPEN THAT'S A POND.

LET'S PRETEND FOR A MINUTE. THAT THAT'S THE EIGHTH HOLE OF THE GOLF COURSE. IS THAT POINT OR SHOW FOR OTHER FOLKS? RIGHT THERE. LET'S JUST LET'S JUST SUPPOSE THAT'S THE HOLE OF THE GOLF COURSE. THAT HAPPENS TO BE A POND. THIS RIGHT HERE. IS MY PROPERTY. ABOUT 300 FT. IN MY HOUSE. IT'S ABOUT RIGHT THERE. SHAKE THIS THING. AND I'M LIKE, RIGHT RIGHT AROUND 350 FT. FROM THAT. EIGHT HOME. AND IT'S PERPENDICULAR TO ME. IN OTHER WORDS, THE FAIRWAY RUNS PAST MY HOUSE, BUT MY EIGHT HOLE RIGHT THERE. WOULD YOU LIKE TO GET SOMEONE CALLS THAT I'M GETTING 300 FT. INTO MY BACKYARD AND MY BACK DOOR. I WANT MY OWN GRASS AND I GO OUT THERE AND I'LL GET THE EIGHT OR 10 BALLS EVERY TIME I GO OUT, AND I MOVE ABOUT SIX TIMES. HERE'S THE FUNNY PART. WE SEEM TO BE LULLED OURSELVES INTO THE FACT THAT THERE'S TREES UP HERE. AND THERE HAD BEEN A FIX IT I JUST SHOWED YOU WHAT MY PROPERTY LOOKS LIKE. THERE'S 5000 TREES THERE NOW. HOW IN THE WORLD DID YOU ON A PAR THREE? GET A DOZEN BALLS EVERY OTHER WEEK INTO MY PROPERTY THROUGH 5000 TREES THAT ARE 80 FT. TALL. LET'S NOT KID OURSELVES HAVING THE TREES THERE. IS NOT THE F.

AS A MATTER OF FACT, IN THE MINUTES BACK IN 2009. IT WAS AN ARGUMENT IN THEIR DISCUSSION ABOUT WHETHER THEY SHOULD BE TWO INCH TREES OR THREE INCH TREES. 14 OR 1516, FT. TALL THAT'S RIDICULOUS. THAT'S TOTALLY RIDICULOUS. WHAT'S THE ARC OF A T SHIRT. AT 200 FT. OH, HI. IS IT NEAR? I'LL TELL YOU, YOU KNOW, GO. IN THE REPORT. ABOUT 100 AND 60 FT. NOW THAT NET IS WHERE IT IS, AND I TEE OFF. FROM THE TAP BOX, WHICH IS ANGLED TOWARDS THE CHURCH. I THINK I CAN GET THAT OVER THAT THAT CONSISTENTLY AND I'M NOT A GOLFER. I PLAYED WITH A NINE IRON GEORGE AND I CAN GET IN AND DO THAT TO THE MIC. BECAUSE WHEN YOU TURN AWAY YOU JUST GET AWAY.

YEAH. SO. I FIND THE WHOLE ISSUE THAT YOU KNOW THE NETTING ON THE FENCES, AND THIS IS NOT WHERE THE PROBLEM IS. THE BALL IS NOT GOING TO ROLL VERY FAR ON THE GROUND. AND WHILE WE'RE TALKING ABOUT WALT LET'S TALK ABOUT. WHATEVER THOSE ARE. THEY'RE CALLED LOW DENSITY BULBS, AND THIS IS SUPPOSED TO SAVE THE WORLD. WE HAVE A HIGH DENSITY B AND I CHALLENGE YOU GO GOOGLE IT BECAUSE I DIDN'T KNOW IT. I HAD TO LEARN MY OWN. THE DIFFERENCE BETWEEN LOW DENSITY BALL AND A HIGH DENSITY BALL IS THE IS EXACTLY WHAT IT IS. IT'S THE STIFFNESS OF THE HARDNESS. AND SOME GOOD GOLFER IN MY SWING. THEY CALL IT THAT IT'S ABOUT 100 AND 50 MILES AN HOUR. I CAN GET 250 YARDS, MAYBE IN 300 YARDS WITH A HIGH WITH A HIGH DENSITY BALL. NICE AND HARD. I'M GOOD. I HIT IT. HIT IT FLAT. I CAN GET IT THERE. AND I HIT THE WATER TOWER. THAT'S THE DISTANCE WE'RE

[02:10:11]

AND AS FAR AS. I THINK THERE WAS A CAMERA IN HERE THAT WAS SOMEBODY ELSE'S PROBLEM.

PREVIOUS OWNER WHEN YOU BUY SOMETHING. YOU WON'T. YOU GET A DISCLOSURE AGREEMENT AND. THE NEW COMPANY DIDN'T GET AN EXPOSURE AGREEMENT FROM THE OLD COMPANY. I GUESS THEY GOT SUCKERED. THEY OWN THIS PROBLEM. ALL RIGHT, GO ON ANY QUESTIONS? YOU HURT MY FEELINGS. THANKS, F.

THANK YOU. NEXT UP. I HAVE BILL HIRSCH. I HAD SOME PREPARED NOTES, BUT I WANNA ADD SOMETHING. UM MY NAME IS BILL HIRSCH. UM I WENT TO OHIO STATE GOT A BACHELOR'S DEGREE IN ELECTRICAL ENGINEERING AND INDUSTRIAL ENGINEERING. I'M A PROFESSIONAL ENGINEER. I RETIRED FROM AT&T BELL LABORATORIES DOING RESEARCH IN. THE GROUP I WAS IN IS THE GROUP WHICH DEVELOPED THE GREEN LINE. YOU SEE? ON TV WHEN GOLFER HITS, UH, THE GOLF BALL. WHEN YOU THROW A BALL UP IN THE AIR. IT COMES BACK DOWN. IT TAKES ABOUT THE SAME AMOUNT OF TIME TO GO UP AS IT DOES TO COME DOWN WHEN IT REACHES THAT HIGH POINT. IT'S CALLED AN APOGEE. WHEN A WHEN YOU GO TO A BASEBALL GAME AND YOU SEE THAT SLUGGER HIT A 450 FT HOME RUN. THE BALL IS GOING UP. TWO THIRDS TO THREE QUARTERS OF THE DISTANCE. IT ONLY FALLS IN THE LAST THIRD TO A QUARTER OF THE 450 FT. BECAUSE OF AIR RESISTANCE AND CRIPPLE FORCE, WHICH IS GREATER IN GOLF BALL THAN BASEBALL. SO A GOLF BALL? RISES NOT HALF THE DISTANCE BUT TWO THIRDS TO THREE QUARTERS OF THE DISTANCE BEFORE IT REACHES ITS APP SHAPE. THOSE PHONES. ON THE SUNDAY BEFORE LABOR DAY LAST FALL. I WAS SITTING UH UM, IN THE. OPEN FIELD HOUSE. THE BLACK PART IS THE DRIVEWAY JUST TO ITS

[02:15:09]

BUT WHEN THE POLICE CHIEF AND I WALKED OUT IT WAS A WHITE OBJECT ABOUT 10 FT. FROM THE TOP OF IT STUCK IN THAT. SO THAT HEIGHT IS PROBABLY APPROPRIATE. UH, IN MY ENGINEERING OPINION, THERE NEEDS TO BE AN EXTENSIVE STUDY DONE. TO ASSURE THAT NO GOLF BALLS CAN POSSIBLY LEAVE THE PROPERTY. THE COUNT IS CLEARLY. INACCURATE AND FALSE. AND IN ORDER TO MAKE NO RISK. IT MUST BE ASSURED THAT ACTUALLY NO BALLS LEAVE. I'M ALSO GONNA PUT IN A PERSONAL PIECE OF MY HISTORY. UH, MY FORMER WIFE WAS AN EMERGENCY ROOM NURSE. MANY, MANY YEARS AGO. CAME HOME ONE NIGHT TERRIBLY UPSET AT THE END OF HER SHIFT. A YOUNG ELEMENTARY SCHOOL STUDENT. WAS PLAYING NOT IN THE COMMIS AREA WAS PLAYING IN THE ELEMENTARY SCHOOLS BACKYARD. NEXT TO A GOLF COURSE. SHE WAS HIT IN THE HEAD WITH A FLYING GOLF BALL. AND UNDER MY WIFE'S CARE. SHE DIED. UM DIE. ONE GOT UH, I'M NOT GONNA PRACTICE LAW, BUT AS A RESULT OF THAT THERE WAS A LAWSUIT. WHICH CAUSED THE INSURANCE COMPANY TO PAY OUT THE ENTIRE AMOUNT OF THEIR, UH, LIABILITY. THE AWARD WAS LARGE ENOUGH THAT THE GOLF COURSE OWNERSHIP ENDED UP IN BANKRUPTCY. AND THE PROPERTY BECAME AS PART OF THE BANKRUPTCY SETTLEMENT. THE FATHER AND MOTHER OF THE DEAD CHILD RECEIVED THE PROPERTY THAT HAD BEEN THE GOLF COURSE. AND IT IS TODAY. A UH, SINGLE HOME DEVELOPMENT NAMED AFTER THEIR DAUGHTER. AND THAT IS WHAT WE NEED TO AVOID. IN THIS COMMUNITY. THANK YOU. IF YOU HAVE ANY QUESTIONS, I'LL BE HAPPY TO TRY TO ANSWER. NEXT UP.

[02:20:01]

YOU KNOW THAT THE LINKS ARE TAKEN. THAT'S UH, I THINK YOU ALL CAN. SEE THAT THAT'S NOT ADEQUATE. IN MY OPINION, IN OUR OPINION, IT'S GOING TO TAKE A THIRD PARTY TO SAY WHAT'S REQUIRED. UM, WE'VE GIVEN YOU SOME INFORMATION ON WHAT A THIRD PARTY SUGGESTS. I DON'T KNOW THAT YOU GOT IT IN ENOUGH TIME TO READ IT, BUT YOU KNOW IT'S THERE FOR WHENEVER YOU CAN. SO AGAIN. OUR INTENT IS TO BE GOOD NEIGHBORS AND, UH, WE DEFINITELY NEED YOUR HELP WITH THIS. THANK YOU. LAST BUT NOT LEAST, IS JESSE KEL. HEY GOOD EVENING. THANK YOU FOR HEARING US OUT. UM HAVE A COUPLE OF POINTS THAT MAYBE UNIQUE SO THAT WE HAVEN'T TALKED ABOUT SO FAR. UM IT'S MY OPINION THAT THE MODIFICATION SHOULD NOT BE APPROVED. UM AND I THINK WE SHOULD TAKE A MINUTE TO LOOK BACK AT THE HISTORICAL RECORD OF WHEN THIS WAS ORIGINALLY PROVED, UM, THERE WAS CONSIDERABLE DEBATE ON WHETHER THIS SITE WAS APPROPRIATE FOR A DRIVING RANGE NEXT TO A CHURCH TO BEGIN WITH, AND UM, ONE OF THE SINGLE AMELIORATING FACTORS WAS WHERE YOU SEE THAT BROWN KIND OF CREEK RUN THROUGH. UM VERTIC? YEAH RIGHT THERE. THAT WAS ALL BUT SURE, WOODED AREA BEHIND THERE SO IT'S NOT JUST 1 65 FT TREE. IT'S THE ONE BEHIND IT AND THE ONE BEHIND IT AND THE ONE BEHIND THAT THAT WAS STOPPING GOLF BALLS. UM WHEN THAT'S WITH THAT REMOVED, THIS PROPERTY HAS BEEN CHANGE IN A WAY THAT CAN'T REALLY BE PUT BACK IN PLACE. AND SO I THINK THAT GIVES YOU GUYS ANOTHER OPPORTUNITY TO REALLY EVALUATE. IS IT APPROPRIATE TO PUT A GOLF BALL? DRIVING OR IN NEXT TO A CHURCH. AND I THINK WITH THE EVIDENCE THAT WE'VE HEARD TONIGHT IT WOULD HAVE TO BE SOME PRETTY ASTOUNDING MEASURES TO WITH THE WITH THE RISK THAT'S INVOLVED. FOR ME TO EVEN SAY THAT WITH WITH WHATEVER THEY CAN COME UP WITH IT. IT'S APPROPRIATE. UM THAT SAID, I THINK THAT YOU GUYS SHOULD ALSO TAKE IT IN A COUPLE OF FACTORS INTO CONSIDERATION. ONE IS THE WIDTH OF THAT ORIGINAL BUFFER. WE HAVEN'T WE'VE BEEN TALKING ABOUT THE HEIGHT OF THE FENCE THE LENGTH OF THE FENCE, AND I THINK IT'S IMPORTANT BUT ALSO THE WIDTH OF THAT BUFFER AREA. SO IF I MEAN, I'M NOT AN EXPERT, BUT I WOULD JUST WANT A FENCE AND SOME WOOD. SOME TREES, TOO. I THINK THAT NO ONE'S TALKED ABOUT THE AESTHETICS THAT YOU LOSE. AND JUST HAVING A FENCE UP THERE. A BIG A BIG BLACK FENCE. UM IF YOU DON'T HAVE SOME TREE BUFFERS ON BOTH SIDES OF IT, OR AT LEAST ON THE CHURCH SIDE. I MEAN, THAT'S KIND OF WHERE I'M COMING FROM. BUT UM, I THINK THE AESTHETIC SHOULD BE TAKEN INTO CONSIDERATION ALSO WANT TO POINT OUT THAT THE LAUNCH AREA OF THE DRIVING RANGE HAS BEEN ALTERED. UM, IT'S BEEN EXPANDED ALMOST LIKE TWICE AND IT'S BEEN OVER TOWARD THE CHURCH MORE FROM THE ORIGINAL PLAN, SO THAT COULD BE ONE OF FACTOR THAT COULD BE TAKEN INTO CONSIDERATION. UM. ALSO THE LINKS PUD ZONING CODE.

IT STATES. THE DRIVING GREEN SHOULD BE BASED ON NATIONAL GOLF FOUNDATION STANDARDS. THIS THIS DRIVING RANGE DOESN'T MEET THOSE STANDARDS SO IT MIGHT NOVICE OPINION THEY WOULD NEED SOME SORT OF A VARIANCE FROM THAT ZONING CODE BEFORE THEY CAN EVEN APPLY FOR A MODIFICATION. UM I DIDN'T SEE ANYTHING THAT, UH, I DIDN'T SEE THAT, UM, ANALYSIS IN THE STAFF REPORT. SO THAT MAY BE SOMETHING THAT YOU WANNA TAKE ANOTHER LOOK AT ALSO UM, I THINK THE APPLICANTS UM, SAFETY PLAN.

TALKING ABOUT WHERE THEY RESEARCH. TYPICAL FLIGHT PATTERNS IS AND WITH THIS LAYOUT , TYPICAL FLIGHT PATTERNS. WE SHOULD BE TRYING TO HAVE A SAFETY FOR ANY ANY BALL, AND I THINK THAT'S BE ALL UP BEFORE. UM. THE APPLICANT HASN'T SUBMITTED ANY DRAWS DRAWINGS OR ENGINEERING PLANS WITH ALONG WITH THEIR SAFETY PLAN THAT I'VE SEEN HERE TONIGHT. UM, THAT SHOWS THEY'VE DONE DUE DILIGENCE OR THAT WE COULD HOLD THAT YOU COULD HOLD THEM ACCOUNTABLE TO IT LATER ON DOWN THE PROCESS IF THEY AREN'T FOLLOWING THE WHAT THEY PROPOSED. BESIDES WHAT? THAT LITTLE FENCE AREA SO I WOULD RECOMMEND THAT YOU REQUIRE THAT, UM PRIOR TO, UM APPROVING IN SITE MODIFICATION PLAN, UM. THAT IS THAT'S THE JUST BY ARGUMENT. SO THANK YOU. THANK

[02:25:03]

THIS IS A ZONING VIOLATION RIGHT NOW. IF THEY HAVE MATERIAL CHANGE THE CONDITIONS THAT THEY USE TO ACQUIRE APPROVAL. THIS IS A ZONING VIOLATION AS IT STANDS. YEAH, I WOULD SAY AS IT STANDS, WE HAVE ISSUED VIOLATION YET SINCE THEY'VE SUBMITTED THIS, BUT, YEAH, IF THIS IF SOMETHING, UH IT'S NOT APPROVED BY THE PLANNING COMMISSION, OR THEY DON'T OR IF IT'S DENIED THAT THEY DON'T IMPLEMENT, I GUESS, PUT IT BACK AS IT USED TO BE, THEN IT WOULD BECOME A ZONE VIOLATION. OK? SO UM. ARE THE GOLF BALLS. YOU UH, YOU GUYS USE PARTICULARLY MARKED SO YOU CAN TELL YOUR OWN FROM OTHERS. OK, UM AND WHEN YOU RECOVERED THE TWO BALLS FROM YOUR NEIGHBORING PROPERTY, I PRESUME THAT THEY'RE WELCOME YOU TO COME AND GET THE BALLS OFF THEIR PROPERTY. IS THERE A WHAT'S WHAT'S PROCESS ON THAT. AS FAR AS OBSERVING THAT THE TWO BALLS FLEW ON THE CHURCH'S PROPERTY. THAT'S STRICTLY OBSERVANCE THAT YOU DIDN'T GO GET THEM AND YOU JUST WATCHED THEM. A VISUAL. OK, THANK YOU. ALL RIGHT. OTHER QUESTION. COMMISSION MEMBERS. UM YEAH, SO. THERE'S CURRENTLY A FINAL DEVELOPMENT PLAN THAT ALLOWS THAT ALLOWS THIS DRIVING RANGE, RIGHT. EXCUSE ME, THAT IS CORRECT. AND SO TO NEIL'S POINT. FACT THAT THE DRIVING RANGE IS DIFFERENT THAN IT WAS WHEN IT WAS PROVED CREATES THE VOTING VIOLATION. IS THAT RIGHT? THAT'S RIGHT, AND THAT'S WHY THEY ALSO HAD TO COME BACK TO THE PLANNING COMMISSION TO ADDRESS THOSE ISSUES SO, BUT WE CAN'T. THEY'RE ALLOWED TO HAVE A DRIVING RANGE THERE. BASED ON THE FINAL BELT AND THE PLAN THAT WAS IMPROVED IN 2009, RIGHT? YEAH, AND IT'S ALSO INCLUDED IN THE LINK STONING TEXT AS A PERMITTED USE. OK? UM THE LAST GENTLEMAN OR SPOKE MENTIONED SOMETHING ABOUT THE CERTAIN NATIONAL DRIVING RANGE STANDARDS BEING BAKED INTO THE FINAL DEVELOPMENT PLAN. IS THAT WAS THAT RIGHT? INCORPORATED, BUT YEAH, YEAH. YEAH, WE DID NOTE THAT IN OUR STAFF REPORTS I'M TRYING TO FIND YEAH. UH, THE NATIONAL GOLF FOUNDATION STANDARDS. SO THAT'S NOT YEAH, THANK YOU. B THREE. WITHIN THE STAFF REPORTS. WE DON'T HAVE ACCESS TO THOSE STANDARDS, SO IT'S LIKE A PRIVATE MEMBERSHIP THAT, UM AND SO THAT IT'S HARD TO, I GUESS, UH, BEN AND I WAS TALKING ADHERE TO THAT, LIKE BECAUSE WE JUST DON'T HAVE ACCESS TO THE LEGAL MEMBERSHIP. WE DON'T KNOW WHETHER THE APPLICATION THAT WE'RE LOOKING AT MY COMPLIES WITH THOSE STANDARDS THAT ARE PART OF THE A PLAN. WE DO NOT KNOW SO THEY MAY OR MAY NOT BE IN VIOLATION. FOR WHAT WE DON'T KNOW. FOR SURE. CORRECT. I THINK I'D LIKE I'D LIKE TO KNOW. YEAH, IT WOULD BE REALLY INTERESTING. WOULD IT BE PERMISSIBLE TO HAVE THE APPLICANT PROVIDE A COPY OF THOSE STANDARDS SO WE COULD UM JUDGE THEM. I MEAN, WE CAN CERTAINLY REQUEST THAT THEY PROVIDE THEM TO US. IF THEY DON'T THAT MAY IMPACT THE ULTIMATE DECISION, I GUESS OF THE COMMISSION SO, BUT WE CAN CERTAINLY ASK IF THEY PRESENT THAT SO THAT WE CAN CONFIRM THAT WHATEVER IS OR MAY BE, IS CONSISTENT WITH THAT REQUIREMENT. THE, UM. ONE OF THE OTHER GENTLEMEN WHO SPOKE MENTIONED THAT LEAST I GOT THE IMPRESSION IT WAS JOHN. I REMEMBER YOUR NAME. I'M SORRY, BUT YOU MENTIONED THAT THERE HAD BEEN DISCUSSED THAT THAT THE CHURCH HAD HAD DISCUSSIONS WITH. THE GOLF COURSE PERSONNEL ABOUT TRYING TO RESOLVE THIS ISSUE.

YES. RIGHT? I THINK YOU PROBABLY MENTIONED IT, TOO. BUT I REMEMBER SPECIFICALLY YOU SAID SOMETHING ABOUT THEM NOT BEING HELPFUL. UM. WHAT WERE THE EXTENT OF THOSE DISCUSSIONS AND HOW MANY TIMES WAS THERE A MEETING AND YOU DO WE KNOW WHAT HAPPENED AT THOSE DISCUSSIONS.

AND BOTH SIDES CAN COMMENT. IF THEY. UM I DON'T KNOW THAT I CAN REMEMBER. EXACTLY BUT LUKE AND I

[02:30:05]

OFFERS A COMPROMISE WHERE THESE CONDITIONS THEY'VE REFERRED TO THIS EVENING. THOSE HAVE NOT BEEN PROVIDED TO ME OR OR TO THE GOLF CLUB. I'M NOT AWARE OF WHAT WE'RE EVEN DISCUSSING. UM AND OBVIOUSLY YOU KNOW, THE GOLF CLUB. UH CERTAINLY WANTS TO FIND A REASONABLE COMPROMISE HERE. UH AND WE'RE WILLING TO, UH, HEAR WHAT THEY HAVE TO SAY. AND TO CONSIDER THOSE, UM, BUT I WOULD POINT OUT IT'S NOT LIKE THIS NET. UH, WAS JUST THROWN UP THERE. THERE THERE WAS, AND THIS IS A SIGNIFICANT INVESTMENT DONE BY A PROFESSIONAL COMPANY. THIS IS WHAT THEY DO. UM AND SO THIS ISN'T JUST HAPPENSTANCE. AND THIS THIS. THIS COMMISSION IS HERE TO RESOLVE A ZONING ISSUE.

UM, OBVIOUSLY THE PRIVATE. UH, OPERATIONS AND RELATIONSHIP BETWEEN THESE TWO NEIGHBORS IS SOMETHING WE'RE CERTAINLY GOING TO DEAL WITH, UH AND, UH, WOULD ASK THAT WE, UH, TABLE THIS COMMISSION'S CONSIDERATION THE APPLICATION THIS EVENING SO THAT WE CAN TAKE BACK THEIR THEIR, UM , PROPOSALS AND SEE IF THERE'S A COMPROMISE TO BE HAD HOW MANY MONTHS DO YOU NEED? HOW MANY MONTHS WE TYPICALLY IT'S 1 TO 3 MONTHS IS OUR NOMINAL AMOUNT. I MEAN, IF YOU GOT A DIFFERENT NUMBER IN MIND, FEEL FREE TO TOSS IT OUT THERE, BUT ONE MONTH SHOULD HOPEFULLY BE SUFFICIENT, BUT I'M AGAIN. I'M I HAVE NO IDEA WHAT THEY'RE PROPOSING. WELL, WHAT WE WOULD DO IS WE WOULD WE WOULD TABLE YOUR APPLICATION TO THE NEXT REGULAR SCHEDULE. UH, MEETING WHICH WOULD BE I BELIEVE MARCH 18TH. SO MAYBE WE SHOULD SCHEDULE IT INTO APRIL. UM. AND GIVE YOU A

[02:35:02]

DETAIL ON THAT AS WELL. UM YOU KNOW, HAVE THESE, YOU KNOW, AND WE'RE COMING UP INTO GOLF SEASON NOW. YOU JUST STARTING BY THE TIME WE WOULD HEAR IT AGAIN IN APRIL, BUT YOU KNOW, THAT MAY BE AN OPPORTUNITY FOR YOU TO PUT SOME PEOPLE ON THE RANGE AND YOU KNOW, HIT THE BALLS AND LET THE LET THE CHURCH KNOW YOU'RE EXPERIMENTING WITH WEATHER GOING, SO THEY WON'T HAVE ANYBODY THERE, BUT JUST MAYBE GET SOME MORE INFORMATION. ON WHAT'S GOING ON OVER THERE BECAUSE THE CHURCH IS OBVIOUSLY VERY CONCERNED AND IF THEY'RE CANCELING CONTRACTS WITH USED SOCCER LEAGUES BECAUSE THEY DON'T FEEL COMFORTABLE. ALLOWING THEIR PROPER TO BE USED FOR THAT. THAT'S THAT'S SIGNIFICANT. IT SEEMS TO ME. UM AND IT SEEMS TO ME THERE'S SOME WAY TO LIMIT.

THAT DANGER. HAVING SAID THAT, UM. ARE YOU COMFORTABLE GOING INTO APRIL FOR THE THANKS. YES UH, CHAIRPERSON HER CARIBBEAN MEMBERS OF THE COMMISSION. I. I HAD THROWN OUT AN IDEA BEFORE AND I I'D LIKE TO KIND OF FEEL A LITTLE BIT MORE INTO THAT. SO AS AS YOU HIT A GOLF BALL.

TYPICALLY IT PANS OUT THE FURTHER IT GOES OUT, RIGHT. SO YOUR FIRST 50 FT ARE PRETTY NARROW AND IT GETS WIDER AND WIDER. IF YOU'RE A SLICE OR UH HUH. UM AND SO THAT 1ST 50 75 FT IS PRETTY SAFE. FROM GOING INTO ADJACENT PROPERTY OR SOMETHING LIKE THAT. AND. IF WE LOOKED AT IF WE GO BACK TO THE, UM YOUR FAVORITE, BUT THE CLAN THAT SHOWS LIKE THE CHURCH AND THE BUILDINGS AND ALL THAT. I MEAN, I IF WE THOUGHT I JUST WENT THROUGH THIS ON TABLE AS YOUR DISCUSSION OPTIONS OF THINGS. IF WE'RE SAYING THAT I HEARD EARLIER, IT'S LIKE 300 FT. UM IS WHAT THE TYPICAL GOLFER WOULD GO MAXIMUM YARDS. 300 YARDS, SEVEN YARDS. THAT'S THAT'S A PRETTY GOOD POKE FOR MOST GOLFERS. AVERAGE GOLFER, SO IF YOU KNOW IF THE IF THE BOX IS BACK HERE, AND YOU KNOW THE FANS OUT, YOU'RE ACTUALLY GONNA BE STAYING MORE AWAY FROM THAT. AND IF YOU REALLY BELIEVE THAT, YOU KNOW IT'S 300 YARDS, THEN YOU'RE NOT GONNA BE HITTING INTO HERE. I THINK IT'S SOMETHING WORTH EXPLORING. UM SO I'M JUST GONNA PUT THAT ON THE TABLE. IT'S WORTH CHECKING, SWAPPING ENDS ON WHICH WAY YOU'RE DRIVING. YOU KNOW, POINTS OF GOLF BALLS.

THEY'RE REALLY PROBABLY YOU'RE GONNA LIMIT YOURSELF TO 300 YARDS, THEN YOU'RE NOT GOING TO BE AFRAID OF GETTING INTO YOUR OWN PARKING LOT. WHICH YOUR PARKING LOTS OVER HERE, RIGHT? YOU'RE NOT GONNA BE AFRAID OF THAT. SO IF IT'S A TRUE STATEMENT, I THINK THAT THERE MIGHT BE SOMETHING IN THAT KIND OF THOUGHT PROCESS TO EXPLORE AS YOU HAVING CONVERSATIONS.

COMMISSION MEMBER LARSON. THAT'S UM AN EXCELLENT IDEA. I WOULD JUST POINT OUT IT DOES CREATE THE PROBLEM OF GETTING PEDESTRIANS. GOLFERS TO THE OTHER SIDE. THAT'S A SEVERAL GOLF PATHS RIGHT? YOU GOT GOLF PAS LIKE MILES OF GOLF PATHS THAT WOULD JUST BE EXTENDING.

YOU'RE PUTTING THEM IN THE. BUT THAT TUNNEL THERE. THAT'S THE ONLY I THINK THAT'S WHAT HE'S POINTING OUT. BUT IT'S I THINK, I THINK ALL THE ALL THE POSSIBILITIES SHOULD BE LOOKED AT AND CONSIDERED BECAUSE. THIS IS A THIS IS AN UNUSUAL PLACE FOR DRIVING RANGE. USUALLY

[02:40:03]

UH, WE WERE. THIS BODY IS NOT AN ENFORCEMENT BODY, SO WE CAN'T SAY THAT HERE. LET'S DISCUSS THAT INTERNALLY AS FAR AS LIKE CODE ENFORCEMENT GOES, UH, LET US HELP WITH OUR LEGAL TEAM.

WE'LL FOLLOW UP WITH YOU. LET ME GIVE YOU MY BUSINESS CARD BEFORE YOU GO TODAY. OK, UM OTHER DISCRETION ON THE DOCKS. CANADA THE ROLE IN THE DOCUMENTS. MR. KIRBY MR. WALLACE, MR SHELL. MR LARSON? YES. A FOUR MOTION PASSES. I HAVE FOUR VOTES TO ADMIT THE DOCUMENTS WITH EXHIBITS ONE AND TWO ARE SUBMITTED BY THE APPLICANT AND THE NEIGHBOR LETTERS AS SUBMITTED BY THE NEIGHBORS. THANK YOU. I MOVED TO TABLE WELL , WELL MODIFICATION DOUBLE 08 2024 TO ON A REGULAR APRIL MEETING. DO I HEAR THIS SECOND ON THE MOTION TO TABLE SECOND? AND DISCUSSION. FUNERAL, PLEASE. MR KIRBY. MR SHOW, MR WALLACE. MR. LARSON YES. THE MOTION PASSES WITH FOUR VOTES TO TABLE THE APPLICATION UNTIL A REGULARLY SCHEDULED APRIL MEETING. LOOKING FOR MONDAY, RIGHT? THANK YOU. LOOKING FORWARD TO SEEING A LOT MORE INFORMATION, THEN THANKS. THANK YOU. EVERYONE FOR BRINGING ALL THAT TO US. THANK YOU TO

[VII. Other business]

THANKS, GEORGE. NICE TO SEE YOU AGAIN. DO WE HAVE ANY NEW MEMBERS TO SWEAR IN NO NEW MEMBERS. OK THAT ONE'SASILY E SO SOMEBODY NOMINATED CHAIR I'M WILLING TO CONTINUE SERVING. I WILL NOMINATE NEIL TO BE CHAIRPERSON. I WAS SECOND THAT IS IT ANY OTHER? I'M SORRY.

[02:45:10]

ANY DISCUSSION ON THE MOTION. YOU THE ROLL. MR WALLACE. I DON'T THINK I'M SORRY, MR KIRBY.

MR WALLACE. I DON'T GO. I'VE BEEN UP FOR A REALLY LONG TIME. I'M DYING TO VOTE, THOUGH. MR. MR. MR SHOW. MR SHELL SAYS YES, MR LARSON. MR W, MAYBE. THE MOTION PASSES WITH FOUR VOTES FOR MR WALLACE IS VICE CHAIR OF THE NEW PLANNING COMMISSION. THANK YOU. WHO'S OUR SECRETARY NOW IS THAT I BELIEVE, SIR, DO YOU WANT ME TO KEEP DOING THAT? HAPPY TO STAY? I NOMINATE HANS I'LL SUCK SECRETARY. IF ANY DISCUSSION CAN I HEAR THE ROLL, PLEASE? MISTER KIRBY. YES, MISTER WALLACE? YES, MR SHELL. YES. MR LARSON. THAT WAS A TENTATIVE YES. THE MOTION PASSES WITH FOUR VOTES IN SUPPORT OF MR SHELL, SECRETARY OF THE NEW ALTY PLANNING COMMISSION. THOSE CURRENTLY BE A REP IS THAT I THINK IT'S THAT'S ON IT'S ON, SO I'LL STAY ON THERE UNLESS SOMEBODY WANTS TO. FIGHTING FOR I DON'T HEAR ANY. UH, I NOMINATE HANS AS OUR UPCOMING. UH, BC, A REP. SECOND. AND DISCUSSION. GENERAL PLEASE. MR KIRBY. MR WALLACE? YES MR SHELL? YES, MR LARSON? YES? MOTION PASSES WITH FOUR VOTES. TO APPOINT MR SHELL AT AS THE BC. A REP. THANK YOU.

I MOVE THAT WE ESTABLISH THE DATE AND TIME AND LOCATION OF OUR REGULAR 2024 MEETINGS TO BE THE SAME AS WE HAVE IN PRIOR YEARS. I LIKE THAT. A DISCUSSION JUST REAL QUICK. YOU GUYS LIKE THE 7 P.M. VERSUS 630 0? YES YOU DO. OK? YEAH, I WOULD. ALL THOSE PEOPLE OUT THERE HAVE A FAR EASIER TIME AT SEVEN THAN THEY DO AT SIX OR 630. THAT'S UM BUT ALSO, UM, MEMBERS TO I PREFER SOME. I'M GOOD. IT'S HARD TO. IT'S HARD TO GET FROM DOWNTOWN, UM, STILL WORK ON THERE AT 70, OK? ANY OTHER DISCUSSION ON THE DAYTON TOWN. I BELIEVE I MOVED. I DON'T RECALL WHO THE SECOND WAS SECOND, DAVE. AND FURTHER DISCUSSION ON THE MOTION. CAN YOU HEAR THE ROLL, PLEASE? MR KIRBY? YES, MR WALLACE. MR. LARSON, MR SHELL. MOTION PASSES WITH FOUR BOOKS TO ESTABLISH THE

[VIII. Poll members for comment]

[02:50:06]

WE HAVEN'T SET THOSE MEETINGS YET, BUT I WOULD ANTICIPATE THOSE WOULD PROBABLY BE ABOUT AN HOUR TO AN HOUR AND A HALF AGAIN THREE TIMES, HOPEFULLY, BEGINNING IN THE MORNING, BUT ON A WEEKDAY SERIOUSLY DAMP MIND ENTHUSIASM. IS THERE ANYBODY ANYBODY THAT WANTS TO DO IT? YOU WANNA DO IT? I DON'T MIND IT YOU I AM PLANNING SEVERAL WEEKS. THE CITY DURING THE SUMMER. SO IF WE CAN WORK AROUND MY SCHEDULE, I DON'T MIND DOING IT. THIS I DO S THAT I'M NOT GONNA BE HERE. I DON'T KNOW IF WE CAN WORK AROUND LIKE ANY IN INDIVIDUAL PERSON SCHEDULE. SO THIS IS, UH, STEERING TO ME. THAT'S COMPRISED OF ABOUT 20 FOLKS. BUT IF YOU CAN'T MAKE IT ALL OR IF YOU MISS ONE, YOU KNOW THAT'S OK. WE CERTAINLY WANNA HAVE YOU THERE. UM BUT SOMETIMES IT'S MORE ABOUT YOU KNOW, FINDING A MEETING PLACE THAT'S OPEN. UM AND JUST KIND OF PICKING A TIME THAT WORKS FOR THE GENERAL SEQUENCING OF THE STRATEGIC PLAN. UM UH, SORT OF ROLL OUT AND GETTING FEEDBACK AND ADOPTION THAT THAT'S NOT AN ISSUE. I DON'T WANT TO DO. I JUST WANT TO MAKE YOU AWARE. RIGHT. I'LL VOTE FOR BRUCE, IF WE NEED TO VOTE ON IT. UM 8 A.M. IS I'M ALLERGIC TO THAT. I CAN BARELY LISTEN. MY NINE O'CLOCK I HAVE A 910 CLASS THAT I CAN, UH YESTERDAY. I DIDN'T TAKE MY COAT OFF FROM THE TIME I GOT OUT OF THE CAR TO MY OFFICE TO MY CLASS LIKE UM OK.

ENJOY BRUCE. UM UM AND CAN DO WE NEED A MOTION AND A VOTE. UH, IT'S UP TO YOU. DUDE, I YOU WANNA CALL THAT THAT'D BE GREAT, BUT I THINK AS LONG AS PERSON HE SERVE ON THAT COMMITTEE IN THE WELL, I WOULD JUST SAY LET THE RECORD REFLECT THAT. UM BRUCE IS THE UH, PLANNING COMMISSION LIAISON LIAISON TO THE TO THE TRIANGLE FOCUS AREA PLAN STEERING COMMITTEE AND KEEP THE REST. UH APPRISED LIKE IN THE OPEN HOUSES BECAUSE THOSE ARE THE FAR MORE REASONABLE. YEAH, MAYBE JUST A REPORT AFTER YOUR MEETING. IN DETAIL IN WRITING. SURE TAKES THE TIME. SEVEN BRUCE , HOW ARE YOU FEELING? AFTER THAT TREES, DONUTS OR SOMETHING TO DO WE GO THAT THAT'S ALWAYS GOOD. OH, I THINK, BRUCE SAID. WE BE HAVING DINNER MEETINGS ON HERE. THAT SOUNDS GOOD. DAVE GOT FURTHER COMMENTS. NO THANK YOU VERY MUCH. NOT A CHANCE. AND WITH THAT I HAVE NO FURTHER COMMENT OTHER THAN WE'RE ADJOURNED. EVERYBODY

* This transcript was compiled from uncorrected Closed Captioning.