Mar 04, 2024 Planning Commission

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MEMBERS, ALL RIGHT. I MIGHT CALL THE PLANNING COMMISSION MEETING FOR MONDAY, MARCH THE 4TH 2024

[I. Call to order]

COUNCIL MEMBER WILL TROUT PRESIDENT THERE ARE FOUR VOTING MEMBERS PRESENT. WE HAVE A

[III. Action on minutes: February 21, 2024]

[IV. Additions or corrections to agenda]

YOU WERE TO TELL THE TRUTH AND NOTHING BUT THE TRUTH. THANK YOU. AND NOW LET'S NOT SIGN.

BRING THIS TO ITEM FIVE ON OUR AGENDA, HEARING THE VISITORS FOR ITEMS NOT ON TONIGHT'S AGENDA.

DO WE HAVE ANY SUCH VISITORS? HEARING NONE THAT TAKES US TO OUR CASES. OUR FIRST CASE IS

[VI. Cases:]

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THE CITY ARCHITECT HAS REVIEWED THE ARCHITECTURE AND PROVIDED UH, MARKED SHEETS INDICATING, UH, SUGGESTED REVISIONS. IT IS ALSO WORTH NOTING THAT THE ZONING ONLY ALLOWS FOR WHITE GARAGE DOORS ON WHITE EXTERIOR HOMES AND NO SHUTTER HARDWARE. DETAILS HAVE BEEN PROVIDED. THE CITY STAFF RECOMMENDS A CONDITION OF APPROVAL THAT THE HOME ELEVATIONS BE UPDATED AT THE TIME OF PERMITTING TO MEET THE CITY ARCHITECTS RECOMMENDATIONS, THE REQUIRED SHUTTER HARDWARE, GARAGE, DOOR COLOR AND DORMERS. THE APPLICANT HAS SUBMITTED A DETAILED MASTER LANDSCAPE PLAN FOR THE SUBDIVISION. THIS PLAN SHOWS THE NEW PLANTAIN, BUT IT DOES NOT SHOW THE LARGE TREE STANDS THAT WILL BE PRESERVED ALONG THE EDGES OF THE SITE. THEY HAVE ALSO SUBMITTED INFORMATION SHOWING THE PROPOSED LANDSCAPING ON THE NEIGHBORS, UH, YARD ALONG THE CENTRAL COLLEGE ROAD. THE TOTAL MINIMUM REQUIRED PARK LANE AND OPEN SPACE IS 21.01 ACRES.

THE APPLICANT IS PROVIDING MULTIPLE RESERVE AREAS THAT CONSIST OF EITHER OPEN SPACE OR PARK LAND. PREVIOUSLY THE APPLICANT PROVIDED UH, 17.66 ACRES OF PARKLAND AND OPEN SPACE . HOWEVER THE APPLICANT HAS INCREASED OVERALL OPEN SPACE TO 20.02 ACRES. THE APPLICANT INDICATES THEY HAVE BEEN ABLE TO DO BY PREPARING A MORE DETAILED STORM WATER BASIN AND OVERALL SITE CREATING ANALYSIS. UM RESERVES. ABC AND J ARE THE PERIMETER AREAS TO PROVIDE FOR TREE PRESERVATION AND BUFFERING. DESERVES DEF AND G ARE LOCATED ALONG THE EASTERN SIDE OF HAINES CREEK DRIVE, AND THERE ARE, UM TO PROVIDE A BUFFER AND LANDSCAPING AS WELL. RESERVE H IS THE COMMUNITY AMENITY AREA, WHICH CONSISTS OF A CLUBHOUSE WITH A POOL, A COMMUNITY GARDEN, A BOCCE BALL COURT AND PICKLE BALL COURTS. THE PLANNING COMMISSION SHALL DETERMINE THE NUMBER OF PARKING SPACES REQUIRED FOR THE CLUBHOUSE AS, UM, IT IS A USE NOT MENTIONED IN THE CODE, AND THE APPLICANT IS PROPOSING 23 DESIGNATED PARKING SPACES FOR THE CLUBHOUSE.

RESERVE EYE AND RESERVE. K WILL BE USED AS GREEN SPACE UP FRONT. BUT WE'LL, UH SERVE AS A FUTURE STREET EXTENSION IF AND WHEN DEVELOPMENT OCCURS TO THE WEST. RESERVE A CONSISTS OF A LARGE BASIN WETLANDS, PRESERVATION OF TREES, A STREAM A PAVILION IN LEISURE TRAIL. RESERVES SEE CONSISTS OF A BASIN, A STREAM AND TREE PRESERVATION. THE DEVELOPER IS PROVIDING NATURAL GRASSES IN THIS AREA, UM, WHICH ARE HIGHLIGHTED IN KIND OF THE BROWN ORANGE. COLOR THROUGH HERE. UM IN ADDITION, NO ARTIFICIAL PESTICIDES AND FERTILIZER ARE PERMITTED IN THIS AREA. DURING THE REZONING, THE CITY COUNCIL DIRECTED THE APPLICANT TO PERHAPS RELOCATE UP TO FOUR UNITS AS PREVIOUSLY MENTIONED, AND THEY WERE RELOCATED. UM IN THIS AREA AGAIN , I WILL HIGHLIGHT THOSE FOUR RIGHT HERE. UH, WHERE THOSE LOTS WERE PREVIOUSLY LOCATED IS NOW RESERVED J. ON THE WEST SIDE, WHICH PROVIDES TREE PRESERVATION AND A BUFFER FOR THE NEIGHBORS TO THE WEST. UM AND THE NATURAL VEGETATION WILL BE UNTOUCHED. UM AND THERE IS A SMALL BENCH, UM, PROPOSED RIGHT HERE ALONG THE SIDEWALK. THE PROPOSAL DOES NOT MEET CODE REQUIREMENTS AS THEY ARE ONE ACRE DEFICIENT ON THE PARKLAND AND OPEN SPACE. UH PER CODE. THE PLANNING COMMISSION MUST REVIEW THE AMOUNT AND LOCATION OF OPEN SPACE IN PARKLAND REQUIRED TO BE PROVIDED ON SITE AND THE DOLLAR AMOUNT OF THE FEE PAYMENT BASED UPON AN APPRAISAL COMPLETED BY THE APPLICANT. THE APPLICANT HAS COMPLETED AND SUBMITTED AN APPRAISAL WITH THE FINAL DEVELOPMENT PLAN, AS REQUIRED BY CODE AND BASED UPON THE APPRAISAL OF THE DEVELOPER REQUESTS APPROVAL OF A FEE IN LIEU OF $50,000. THE PLAN PROVIDES A BUFFERING AREA TO BE

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ADDRESS IN YOUR CONDITIONS. YOU SAID YOU SAID WE HAD AGREEMENT ON THREE AND FOUR. VERBAL AGREEMENT ON THREE AND FOUR FROM PARKS. BUT ARE WE THERE ON? ONE AND TWO. WHAT DID I MISS WITH? THEY SHOWED UP IN THE CONDITIONS. UM, THOSE ARE THINGS THAT YOU COULD CARRY FORWARD AS PART OF YOUR CONDITIONS OF APPROVAL. THANK YOU. ENGINEERING. THE PRELIMINARY PLAN. THE PROJECT NARRATIVE STATES. THE PROPOSED STORM, WATER RETENTION WILL BE PROVIDED WITHIN RESERVES. AC SHEEP. THREE OF THREE OF THE PLANS CONTAINS NOTES, HOWEVER, PERMITTING STORM WATER RETENTION WITHIN RESERVE J AND WITHIN THE TREE PRESERVATION ZONE. WE RECOMMEND THAT REFERENCE TO UNDERGROUND RETENTION BE REMOVED FROM RESERVE J AND THE TRUE PRESERVATION NOTE BLOCKS. CLEARLY SHOW EACH OF THE THREE PHASES ON THE VICINITY MAP SHOWN ON SHEET ONE OF THREE CLEARLY DELINEATE THE AREA REPRESENTED BY THE 100 YEAR WATER SURFACE ELEVATION AT EACH BASIN AND SHOW THIS AREA IS LYING WITHIN A DRAINAGE EASEMENT AND NOTIFY THE STAFF ONE WEEK IN ADVANCE OF BEGINNING THE OHIO EPA PUBLIC COMMENT PERIOD REGARDING WETLAND

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PLEASE HAVE A PROFESSIONAL SURVEYOR STAMP AND SEAL THE ALTA SURVEY. PLEASE RISE. THE FIRE TRUCK TURNING ANALYSIS, USING THE TEMPLATE FOR THE 48 FT. PLAIN TOWNSHIP FIRE TRUCK. TO LEAVE THE REFERENCE TO THE COLUMBUS FIRE TRUCK. AND WE WILL EVALUATE STORM WATER MANAGEMENT, SANITARY SEWER COLLECTION AND ROADWAY. CONSTRUCTION RELATED DETAILS ONCE DETAILED CONSTRUCTION PLANS BECOME AVAILABLE. THANK YOU. IN THE STAFF. ONE QUICK QUESTION. GO AHEAD, CHELSEA. COULD YOU REMIND ME THE PAYMENT IN LIEU OF THE. F THE $50,000 WHERE WHERE DOES THAT GO? AND HOW IS THAT MONEY USED AND I'M HAPPY TO TAKE THAT. YEAH SO THE CITY HAS A, UH, I BELIEVE THE PARKS AND TRAILS FUND SO THIS MONEY IS DEPOSITED INTO THAT COMMUNITY FUND AND THEN CITY COUNCIL HAS THE DISCRETION TO USE THOSE FUNDS, UM THROUGHOUT THE COMMUNITY.

THAT THEY'RE USED FOR OTHER MOST LIKELY OTHER PARKS, OR THAT'S CORRECT. OK, THANK YOU. YOU ACTUALLY COULD QUESTION FOR STAFF. DID YOU GET THE PRELIMINARY AS WELL AS THE PLENARY PLAT COVERED IN ALL OF OUR COMETS? OK? THE APPLICANT, PLEASE. IS THAT RIGHT? I'LL CHECK I SAID. YOU. YOU GO. OK LET'S START OVER, UH, ERIN UNDERHILL WITH UNDERHILL AND HODGE AT 8000 WALTON PARKWAY HERE IN NEW ALBANY, REPRESENTING THE APPLICANT EC VISION OHIO LLC, WHICH IS UP CON COMMUNITIES. UM PLEASURE TO BE HERE TONIGHT. THIS IS, UM YOU KNOW WHAT? WHAT IS NOT THE FINAL STEP, BUT WE'RE INCHING CLOSER TO A AB PROJECT HERE. UH THAT WE STARTED ABOUT A YEAR AGO, UM, IN EARNEST, AND, UM IN FACT, WE HAD A FINAL DEVELOPMENT PLAN FILED SINCE SEPTEMBER. AND UM, WORKING THROUGH VARIOUS, UM, QUESTIONS AND COMMENTS FROM NEIGHBORS FROM STAFF. UH REVIEWS OF PLANS. WE EVEN WE HAD AN ARBORIST REPORT PREPARED, AND, UM CONTINUE TO TWEAK AND FINE TUNE THAT. AND UM SO, UH, WE'RE HERE TONIGHT ASKING FOR YOUR APPROVAL, AND, UM UH, OUR ABILITY TO MOVE AHEAD TO THE FINAL PLANNING STAGE WITH , UH, WITH UN, THEN CITY COUNCIL. UM I THINK WE'VE, UH I'VE I'VE SEEN A GROUP HERE ON OUR TEAM. UM E, MH AND T.

THEY'RE PLANNER. LINDA MANI. UM THEY'RE ENGINEERS. UH, TRISH BROWN AND, UH, SYDNEY BERRY AND OUR, UH, INTERNAL TEAM AT CON HAVE REALLY, UM, LEFT NO STONE UNTURNED HERE IN TERMS OF THINKING THROUGH ALL OF THE ISSUES. UM YOU KNOW, BEING WHERE IT FINAL DEVELOPMENT PLAN, UM, ISSUES THAT ARE TALKED ABOUT AT ZONING ARE NOW SETTLED THE PERMITTED DENSITY. UH, THE USE TYPE. BUILDING TYPES, AND WE'RE WORKING OUT FINER DETAILS NOW. SO UM, WHEN WE'RE IN A PROCESS LIKE THIS, THERE ARE LESS POLICY QUESTIONS AND MORE QUESTIONS ABOUT, UH, HOW WE MEET WHAT WAS APPROVED AS A PART OF THE ZONING THAT WAS APPROVED. AND UM, IN FACT, UM, I THINK THE STAFF REPORT BEARS OUT THAT WE DO. IN FACT, WE'RE NOT ASKING FOR ANY VARIANCES. UH, WE ARE AGREEABLE TO ALL CONDITIONS, EXCEPT ONE. WE MAY WANT MODIFIED THAT I'LL GET TOO MOMENTARILY. BUT I DID WANNA TALK ABOUT, UM, THE LOTS HERE, WHICH THAT'S ACTUALLY NORTH THAT SIDE WITH THESE LOTS HERE. UM, WE HAD FRANKLY, I CAN'T TELL YOU WHAT ITERATION. WE ARE ON THIS PLAN FROM WHERE WE STARTED IN THE BEGINNING, IF YOU'LL RECALL WHEN WE WERE HERE AT THE ZONING STAGE, WE HAD MENTIONED THAT THIS WAS A THROUGH STREET AT ONE TIME PER THE RECOMMENDATION OF YOUR THOROUGHFARE PLAN, AND, UH, IT WAS DETERMINED THAT THEIR CONSERVATION EASEMENTS UP HERE, SO WE HAD TO SCRAP THAT PLAN AND LOOK FOR CONNECTIVITY ELSEWHERE GOING. UM WHAT IS WESTWARD NOW, UH, WITH THE THOUGHT THAT YOU KNOW THERE COULD BE FUTURE CONNECTIONS THAT WAY AND POSSIBLY NORTHWARD. UM SO, UM, THAT, UM, YOU KNOW, TRYING TO PRESERVE AS MANY TREES AS WE CAN TRYING TO DEAL WITH DRAINAGE. UM THIS PLAN HAS IT REALLY HAS BEEN FLEXIBLE. BUT FROM AN

[00:20:06]

[00:25:02]

AND COULD YOU TALK A LITTLE BIT ABOUT THE NUMBER OF PARKING SPACES FOR THE FOR THE REC CENTERS FOR THE CLUBHOUSE. WHATEVER THE RIGHT TERM IS WHAT? WHAT'S TYPICAL WITH AN ECON DEVELOPMENT IS IT? THAT'S A GREAT QUESTION FOR LINDA HERE. YOU GUYS KNOW? PARKING THIS IS NOT WHAT? YEAH JASON CF CON COMMUNITIES. 500 STONEHENGE PARKWAY, DUBLIN, OR, UH, PARKING EXPERT OVER HERE DOESN'T WANT ANSWERS, SO I'LL TAKE A STAB AT IT. NO UH, SIMPLY WHAT WE HAVE IN A IN A IN IT CHANGES, BUT AGAIN, WE DON'T. THIS IS A UNIQUE SITUATION. IT'S USUALLY A CODE THAT SAYS CERTAIN NUMBER OF FACES, BUT WE HAVE PARKING ON STREET. WE'VE GOT 23 THAT'S DESIGNATED THE SAME NUMBER WE SHOWED WHEN WE CAME THROUGH THE PM OBAMA PLAN AND BECAUSE OF WE HAVE WALKING ABILITY. WE THINK THERE WAS PROBABLY OVER. WE DON'T HAVE THAT. TYPICALLY THIS MANY SPACES. UM UH, IN DUBLIN. WE HAVE AT HOW WE DID IT. COURTYARDS AT AL I DON'T KNOW IF WE DO NOT PROBABLY ABOUT THE SAME AMOUNT, BUT BUT YOU'VE ALWAYS BEEN PRETTY HEAVY COMPARED TO OTHER COMMUNITIES. NORMALLY WE'RE IN THAT 8 TO 10 RANGE BECAUSE WE DO HAVE A WALKABLE COMMUNITY. WE YOU KNOW AGAIN. IT'S AN ATTRACTION. BUT PEOPLE TYPICALLY AREN'T DRIVING TO OUR CLUBHOUSE. IT'S ALL SELF CONTAINED. AND YOU MENTIONED PARKING ON THE STREET. COULD YOU SURE WHERE THAT MIGHT BE. UH, WE HAVE PARKING ONE SIDE OF THE STREET ON ALL THE PUBLIC STREETS, SO WE HAVE INTERNAL PRIVATE PARKING FOR THE CLUBHOUSE. BUT ALL THE PUBLIC STREETS ALSO HAVE SO BE ONE THERE. YEAH, AND A LONG YOU HAVE THAT STREET THERE AND WALK UP AND DOWN, SO I. WHAT DO YOU EXPECT THE OCCUPANCY OF THE BUILDING THE CLUBHOUSE TO BE UM, WE SET THOSE UP AT, UM AGAIN. IT DEPENDS ON THE SIZE. THIS WILL BE OUR LARGEST CLUBHOUSE, WHICH IS THE LARGEST CLUBHOUSE. I THINK THEY'RE TYPICALLY AROUND 80 TO 100 PEOPLE, MAX. AND YOU CAN, UH, RESIDENTS CAN RENT IT OUT FOR THEY DO AND PEOPLE COULD DRIVE HERE BASED ON PEOPLE CAN DRIVE. WE JUST DON'T SEE A LOT OF THAT. NECESSARILY NOW, OBVIOUSLY IN THE WINTER AGAIN, WEATHER PREDICTING IT CAN IT CAN BE DIFFERENT, BUT, UM, UM, BUT, YEAH, THEY CAN. THEY CAN RENT THAT OUT FOR FAMILY EVENTS. THEY THEY USE NEIGHBORHOOD EVENTS THERE AS WELL. FOOTBALL GAMES ON SATURDAYS. UH, YOU'LL USUALLY HAVE CLUBS, EUCHRE CLUBS AND THINGS LIKE THAT TO GO ON AS WELL. SO. SEEMS A LITTLE BIT SHORT TO ME. BUT IF YOU CAN HAVE 80 TO 100 PEOPLE AND YOU CAN HAVE 23 CARS AND THERE'S TWO PEOPLE A CAR AND SOME OF THEM CAN WALK. I UNDERSTAND THAT AND DON'T UNDERSTAND. THAT'S NOT. IT'S JUST NOT AN EVERYDAY. I MEAN, THAT'S NOT AN A IT IS THE MAX. BUT IT'S NOT SOMETHING THAT'S HAPPENED ON A ON A REGULAR BASIS AT ALL. AND UM, THE FACT WE HAVE PARKING ALONG THE STREET AS WELL, WE DO NOT SET UP FOR ALL PARKING TO MAXIMIZE THAT BUILDING. THAT WOULD JUST BE A SEA OF PARKING. THAT REALLY WOULDN'T BE THE USE.

SO, UH, WE REALLY AGAIN. THIS IS ONE OF THE LARGER THE AMOUNT OF DEDICATED PARKING IN A PARKING LOT. WE SEE NEW ALBANY THAN WE DO OTHER COMMUNITIES. RIGHT? SO WITH THE ON STREET PARKING,

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THERE'S NO EGRESS, NOR ON THAT SIDE THAT WOULD ALLOW THEM TO THEY'D HAVE TO GO STRAIGHT TO GO AROUND THE HOUSE. THAT'S RIGHT, USE IT, WHICH THEY COULD. OK? OH CAN YOU DESCRIBE THE CURRENT DRAINAGE TO THE WEST AND HOW THE SMOKE THAT WE SAW IN THE PRESENTATION WOULD CHANGE THAT.

SORRY SURE. PATRICIA BROWN, E, MH. NT 5500 NEW ALBANY ROAD. COLUMBUS OHIO, 43054. CURRENTLY THE DRAINAGE ON THE WESTERN PROPERTY LINE. UM IT DOES COME TOWARDS THE WESTERN PROPERTY LINES. OH, AT THAT. OK? SO WHAT WE'VE DONE IS THAT WE HAVE AN UNDULATING SLOPE THROUGHOUT THIS, UM. NOT IN THE TREE PRESERVATION ZONE THAT'S BEING PRESERVED. BUT IN THE 20 FT BETWEEN UM, THE 50 FT SETBACK AND THAT 30 FT TREE PRESERVATION ZONE. WE HAVE AN UNDULATING SLOPE OF, UM, ANYWHERE FROM 4 TO 1 TO 5 TO 1 THROUGHOUT THERE. UM THE SLOPE IS A GRADUAL SLOPE THAT YOU WOULD TYPICALLY SEE ANYWHERE AND, UM, THE REST OF THE DRAINAGE OF THESE LOTS ARE ACTUALLY ALL THE ROOF DRAINAGE IS GOING TO BE PICKED UP IN ACTUALLY GO TO THE STREET, SO THEREFORE NO UNTREATED. HARD SURFACE IS. SURFACE WATER IS GOING TO COME TO THE WEST. IT'S ALL GONNA BE PICKED UP BY THE STORM SEWER AND THEN ROUTED TO THE BASINS TO BE TREATED FOR WATER QUALITY BEFORE BEING OUTLET TO THE NATURAL DRAINAGE AREAS. THE AMOUNT OF WATER DELIVERED TO THE WEST REMAINS THE SAME. WE ARE NOT INCREASING THE AMOUNT OF WATER OR THE FLOW.

IT WILL BE REDUCED, IN PART FROM WHAT IS THE PRECONDITION TO THE POST CONDITION. BUT WE ARE NOT

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CURRENTLY WE'RE GONNA CHANGE THE NAME, BUT IT WOULD MAKE SENSE. MAYBE TO HAVE A BEAM OF CLELLAN DOWN THE ROAD AND I'M JUST CURIOUS IF IT CAN BE CHANGED AGAIN. YEAH, THAT WAS THAT WAS OUR INTENT AS WELL AS THAT YOU WOULD BE ONE CONTINUOUS NAME, SINCE IT'S DISCONNECTED AT THIS POINT, YOU KNOW, TALKING WITH OUR POLICE CHIEF, THEY RECOMMENDS THAT SO FAR APART IS TO MAKE SURE THAT YOU KNOW, POLICE EMS KNOW WHERE THEY'RE GOING TO, TO NOT NAME IT THE SAME. BUT TO ANSWER YOUR QUESTION. YEAH CITY COUNCIL CAN IN THE FUTURE. DO A STREET NAME CHANGE? WE THEY HAVE DONE A SIMILAR ITEMS. UH, IN THE PAST IN NEW ALBANY. AND THAT'S WHY I ASKED WHETHER THE WHETHER THEY'RE ANY HOMES THAT WOULD HAVE THAT ADDRESS THAT MAYBE WOULDN'T WANT THEIR STREET ADDRESS CHANGED, BUT IT SOUNDS LIKE IT COULD BE CHANGED DOWN THE ROAD. OK THANK YOU. THAT'S ALL. IT'S LIKE. MAYBE JUST THE CLUBHOUSE IS THE ONLY THING THAT FRONTS ON TO THAT STREET. YEAH. I JUST WOULD CAUTION FROM LESSONS LEARNED FROM MAYNARD PLACE. LIKE MAYBE WE SHOULDN'T DO THAT. NOT HAVE THE SAME NAME. THERE ARE PLENTY OF NAMES.

AARON, YOU YOU MENTIONED IN YOUR . YOUR SPEECH EARLIER THAT ORIGINAL PLAN SHARED ROUGHLY 16 ACRES OF OPEN LAND, AND NOW YOU'VE GOT IT UP TO 20 JUST 20. PLUS IF YOU LOOKED AT EVERY OPPORTUNITY TO GET IT TO THE 21 TO MEET THE REQUIREMENTS. YES, WE HAVE. WE I'M JUST EVERYTHING WE CAN AND WE JUST CAN'T GET THERE CAN'T GET THERE. IF YOU ELIMINATED THE WATER HOUSES ON THE NORTH, YOU'D BE REALLY CLOSE, THOUGH. WE REALLY PREFER NOT TO DO THAT. AND II. I GUESS I WOULD SAY BECAUSE WE DO HAVE 151 LOTS APPROVED AT THIS POINT. UM, WE ARE UM. YOU KNOW, I THINK IT'S I THINK IT'S OBVIOUS THAT I THINK THIS IS A QUAINT 68 ACRES. I DON'T KNOW WHAT ALL OF THESE TOGETHER WOULD BE, BUT OBVIOUSLY WE TOOK THESE AND WE SORT OF ROTATED THEM HERE, WHICH BY DEFINITION TAKES UP MORE MORE SPACE. UM BUT YOU KNOW, HERE AGAIN, WE DIDN'T DIDN'T GO TO THE MAXIMUM. WE COULD GET WITH OUR UM. WE DIDN'T GO TO THE MAXIMUM DENSITY WE COULD GET FOR

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BUT IT SHOWS THE DISCUSSION THAT WAS HAD AND WE WERE VERY OPEN THAT THIS IS WHERE WE ARE GOING TO NEED TO PUT THESE SO I DON'T THINK ANYBODY ON COUNCIL AT LEAST WOULD BE SURPRISED IF THAT'S WHERE WE ENDED UP PUTTING THEM. UM AND SO, FROM OUR PERSPECTIVE, YOU'RE LEFT WITH A QUOTE UNQUOTE CONDITION THAT SAYS YOU SHOULD MOVE THOSE. UM BUT ON THE OTHER HAND, WE HAVE A IF YOU TAKE AWAY THAT CONDITION, THEN A PLAN WOULD SAY, WELL, PUT THOSE RIGHT BACK. UM, SO IF YOU'RE US YOU'RE TRYING TO BE A GOOD NEIGHBOR. UM WHICH WAY DO YOU GO WITH IT? AND WE COMMITTED TO COUNSEL THAT WE WOULD LOOK TO MOVE THOSE AND I, WE WERE VERY OPEN. THAT'S WHERE THEY WERE GONNA BE SO YEAH. SO. AND IF THOSE FOUR HOUSES WEREN'T THERE, AND WE CAME IN LATER AND WANTED TO ADD THEM, IT WOULD BE A VERY SO WE WOULD BE NEED TO BRING CORRECT THE ZONING WOULD ALLOW IT. IT'S THE DEVELOPMENT PLAN WHERE WE DEVELOPMENT PLAN ON VACATION. LET ME YEAH, I THINK IF THE PLAINTIFF COMMISSION APPROVES IT WITHOUT THE FOUR LOTS OF THE TOP TONIGHT, UH THEN IT'D BE A FINAL DEVELOPMENT PLAN MODIFICATION TO ADD THEM BACK AFTER THE FACT. SO WE TALK ABOUT . SERVICES UM SO WE WE'RE TALKING ABOUT CODE. BUT ONE OF THE REASONS YOU HAVE A PUD IS TO WRITE YOUR OWN STANDARDS. AND SO, UM, YOU KNOW THE CODE. HAS BECOME THE TEXT AND THE APPROVAL WITH CONDITIONS OF THE PREVIOUS STAGE, AND SO THAT'S WHERE WE TOOK A MARGIN ORDERS. HERE AND COULD YOU LOOKING INTO REVENUE STANDPOINT. COULD YOU BALLPARK THE VALUES OF THOSE FOUR HOMES? JUST THE VALUES AS COMPARED TO THE OTHERS, OR JUST IN GENERAL. 600,000 ON AVERAGE PER PER.

YEAH, SO YOU'RE TALKING 2.4 MILLION IN ADDITIONAL TAX RIGHT OF TAXABLE. AND IT GOES WITHOUT SAYING, I GUESS, UH, BUT YOU KNOW, AT THE ZONING STAGE, WE CAN PROVIDE A SCHOOL IMPACT STATEMENT AND I. I DON'T REMEMBER THE TIME I HAD THERE WAS OVER A MILLION DOLLARS A YEAR TO THE GOOD FOR THE SCHOOLS. AND SO, UM, YOU KNOW, GIVEN THE NATURE OF THIS, UM, EVEN THOUGH IT IS RESIDENTIAL, IT DOES HAVE A BENEFIT TO THE SCHOOL'S FINANCIALLY AND CERTAINLY FROM, UH, CAPACITY STANDPOINT. THANK YOU. QUESTION FROM THE COMMISSIONER. OK? I

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WHEN A FRIEND TOLD US ABOUT A ROCKY FORK BLACK LI ACCORD MEETING ABOUT A DEVELOPMENT THE PLAN NEXT TO OUR HOME. IT'S BEEN ALMOST A YEAR NOW TO ROCKY L, ROCKY FOR BLOCK LIQUID CORD MEETINGS, ALONG WITH SEVERAL NEW ALBANY PLANNING AND CITY COUNCIL MEETINGS. YEAH THIS IS THE FIRST MEETING WHERE WE SEE THE MASTER GRADING PLAN. I KNOW THAT THE MASSE GRADING PLAN WAS NOT REQUIRED IN PREVIOUS MEETINGS, HOWEVER, CONSIDERING THE SUBSTANTIAL CHANGES TO THE ELEVATION. OF THE PROPERTY. I THINK IT SHOULD HAVE BEEN VIEWED PREVIOUS TO THE FINAL DEVELOPMENT PLAN. OK HAVE ALL THE MEMBERS OF THE COMMITTEE BEEN ABLE TO SEE THE MASTER GRADING PLAN? IT IS NUMBER SIX OF 23. IN THE PACKETS. IF YOU VIEWED IT ONLINE, IT WASN'T IN THE ONLINE PACKET. IT IS ONLINE. NOW IT IS ONLINE NOW, BUT YEAH, IT WAS MISSING FOR A WHILE THERE. OK? SO THE MASTER GRADING PLAN IS A DEVELOPER'S ATTEMPT TO IMPROVE WHAT THE DEVELOPMENT SITES NEIGHBORS HAVE BEEN SAYING ON RECORD IN PREVIOUS MEETINGS, STATING THAT THE PROPERTY IS LOW LYING AND SWAMPY. IT HAS BEEN STATED PREVIOUSLY THAT THE PROPERTY CONTAINS 10 SEPARATE WETLANDS AND BORDERS OF FEDERALLY PROTECTED WETLANDS. CURRENTLY THE OHIO EPA HAS A PUBLIC REVIEW THIS MONTH FOR UM WHAT TO DO ABOUT THE WETLANDS IF THEY'RE GONNA APPROVE OR DOES NOT THE DEVELOPMENT BUT I WOULD ALSO LIKE TO READ AN INSTAGRAM POST. FROM NEW ALBANY. IT SAYS.

NEW ALBANY, OHIO TODAY IS HASHTAG RURAL WETLAND DAY. DID YOU KNOW THAT WETLANDS ARE AMONG THE MOST PRODUCTIVE ECOSYSTEMS IN THE WORLD COMPARABLE TO RAINFORESTS AND CORAL REEFS? NO ALL FEATURES HUNDREDS OF ACRES OF WETLANDS. MITIGATION BEING SCATTERED THROUGHOUT THE CITY.

WETLANDS OFFER UNIQUE BENEFITS SUCH AS ENHANCING WATER QUALITY, MITIGATING FLOODS, CONTROLLING EROSION. PROVIDING RECREATIONAL OPPORTUNITIES AND SUPPLYING NATURAL RESOURCES FOR FREE.

PROTECTING WETLANDS IS A PRIORITY AND WE PROUDLY CELEBRATE WORLD WETLANDS DAY ON FEBRUARY 2ND HASHTAG, OHIO. BUT NOW WE'RE HERE TODAY LOOKING TO GET RID OF SOME WETLANDS, SO A LITTLE BIT CONTRADICTORY TO THIS POST. LOOKING AT THE MASTER GRADING PLAN MYSELF. I HAD SEVERAL QUESTIONS. WHERE'S THE DIRT COMING FROM? WHO'S TESTING THE DIRT FOR CONTAMINATION. IS THERE AN ESTIMATE OF HOW MANY DUMP TRUCKS ARE GONNA BE NEEDED TO GET THE DIRT TO THE SITE? WHAT KIND OF MESS IS THIS GONNA BE ON THE ROADS AROUND THE SITE AND HOW MUCH DAMAGE IS GONNA BE DONE TO THE ROAD? AND I KNOW THIS IS A FUNNY QUESTION. BUT HOW WOULD THE DUMP TRUCK DRIVERS PAY? I ASKED THIS BECAUSE I'VE BEEN TOLD BY OTHER PEOPLE THAT DUMP TRUCK DRIVERS ARE PAID BY THE LOAD. THAT KIND OF INCENTIVIZES THEM TO BE IN A RUSH, AND I'M CONCERNED FOR SAFETY IN THAT AREA. CONSIDERING THE NUMBER OF TRUCKS THAT MIGHT BE NEEDED TO BRING DIRT TO THE PROPERTY. I SENT SOME OF MY QUESTIONS TO NEW ALBANY. PRIOR TO THIS MEETING, NEW ALBANY PLANNERS FORWARDED THE QUESTIONS TO EP CON. THE RESPONSE OF MACON ON THE AMOUNT OF FIL DIRT NEEDED IS BASICALLY THEY DON'T KNOW. IT'S UNDETERMINED. THAT'LL BE. LATER DOWN THE LINE IN ENGINEERING, WHICH ISN'T PART OF THE FINAL DEVELOPMENT PLAN. PERSONALLY I DON'T KNOW HOW THE

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SINCE THE HEALTH OF MY FAMILY AND NEIGHBORS DEPENDS ON OUR WATER SOURCE NOT BEING CONTAMINATING. THAT'S NOT QUITE GOOD ENOUGH FOR ME, ESPECIALLY SINCE WE'RE HERE TODAY TO VOTE ON A FINAL DEVELOPMENT PLAN. WHEN ARE WE GONNA FIND THIS INFORMATION OUT? WELL SINCE ECOM DIDN'T HAVE AN ESTIMATE ON HOW MANY LOADS OF DIRT. THIS WOULD BE I THOUGHT I WOULD GIVE MY HAND. TRYING TO ESTIMATE HOW MUCH DIRT MIGHT BE NEEDED. SO ON THE LEFT THERE, YOU SEE, I COLOR-CODED THE CONTOUR LINES. THE LIGHT IS YELLOW IS AT 1110 FT. AND IT GOES ACROSS THE PROPERTY AND IN THE TOP LEFT CORNER, WHICH WOULD BE THE NORTHEAST PART OF THE PROPERTY.

IT GOES UP TO A 1121 FT. SO THAT GIVES YOU THE IDEA OF WHICH WAY THE WATER IS FLOWING ON THE PROPERTY. NOW, IF WE LOOK AT THE SMALLER ONE UP THERE, YOU SEE LOT 113. THE ELEVATION FOR THAT LOT IS 1118 FT. BUT CURRENTLY MOST OF THAT LOT SITTING IN THAT 1110 FT. THAT'S AN ELEVATION DIFFERENCE OF 8 FT. NOW IF YOU LOOK AT THE NEXT ONE, IT TELLS ME THE LOT SIZE IS 50 BY 158. IF I MULTIPLY THAT I GET 9100 AND 64 SQUARE FEET, I MULTIPLY BY 8 FT. THE HEIGHT DIFFERENCE AND I GET 73,312 FT. CUBED DIVIDED BY 27 TO GET CUBIC YARDS. THAT'S 2715 CUBIC YARDS. A LARGE DUMP TRUCK HOLDS 10 TO 14 CUBIC YARDS. SO THAT TELLS ME THAT ONE LOT MIGHT NEED SOMEWHERE BETWEEN 202 172 DUMP TRUCKLOADS OF DIRT TO BUILD IT. NOW NOT EVERY LOT'S GONNA NEED THAT MUCH, BUT MOST OF THE LOTS ON THAT WESTERN BORDER. ARE GONNA BE 7 FT ABOVE THEIR CURRENT LOCATION. SO YOU CAN START MULTIPLYING THAT BY SEVEN AND THEN LET'S COME UP BY THE CLUBHOUSE AND THOSE IN THAT AREA. THOSE ARE GONNA BE UP ABOUT 5 FT. ABOVE THE GRADE. SO WE'RE GONNA NEED DUMP TRUCKS FOR ALL THAT DIRT TO BRING IN. NOW I KNOW THERE'S PROBABLY SOME ON SITE BECAUSE THEY'RE DIGGING THE PONDS A LITTLE DEEPER TO TRY AND GET IN MORE, UM, SPACE THAT'S NOT GONE, BUT HOW MANY DUMP TRUCKS ARE WE GONNA NEED? 12,000 DUMP TRUCKS AND WHEN THE DIRT'S IN THE DUMP TRUCK, IT'S NOT COMPACTED. SO I'M SAYING. HOW MANY ARE WE GONNA NEED? OK AND THE NEW ALBANY ZONING CODE SECTION 11 59.08, WHICH IS FOR IPADS STATES, THAT THE COMMISSION SHOULD CONSIDER THE THAT THE PROPOSED DEVELOPMENT IS CONSISTENT IN ALL RESPECTS WITH THE PROPOSED WITH THE PURPOSE INTENT AND APPLICABLE STANDARDS OF THE ZONING CODE, G BUILDING HEIGHTS OF ALL STRUCTURES WITH REGARD TO THE VISUAL IMPACT OF ADJACENT FACILITIES. LET'S LOOK AT LOT 102. LIKE ONE OR TWO, IS SITTING AT 1107 FT. IN ELEVATION MY PROPERTY AT 8238 CENTRAL COLLEGE ROAD IS PROBABLY AT 1110. THAT'S A 7 FT INCREASE IN ELEVATION THAT CAN BE SEEN FROM THAT HOUSE. WHEN I ASKED THIS.

TO F CON ABOUT THE, UH THE DIFFERENCE. THEY UM THEY SAID THAT YOU KNOW, THERE'S GONNA BE SOME TREES THAT ARE GONNA BE LEFT WHERE THAT ROAD STUB IS. BUT YOU CAN SEE ON THE TREE SURVEY THERE ON THE LEFT SIDE THAT THERE'S SEVERAL TREE IS GONNA BE TAKEN OUT THAT ARE BY THAT LOT. PLUS I'D LIKE TO MAKE A POINT THAT THESE ARE DECIDUOUS TREES. SO THAT TREE TRUNK IS NOT GONNA BLOCK A WHOLE LOT OF THE VIEW IN THE WINTER. SO WHAT I SEE HAPPENING HERE IS THAT, UM IT'S GONNA NEGATIVELY IMPACT THE VALUE OF THAT HOME. I'D LIKE TO QUOTE FROM THE RECORD FROM THE ROCKY FORK BLACK LIQUID CHORD MEETING APRIL 2020 23. MISTER UNDERHILL CONTINUED THAT OUR COMMUNITY IS AN AREA IN TRANSITION. HE ACKNOWLEDGED THAT NEIGHBORS WERE PRESENT AT THE HEARING WHO WERE NOT PLEASED WITH THIS DEVELOPMENT. HE FURTHER NOTED THAT THIS IS NOT A HIGH DENSITY PROPOSAL. AND AT THE HOMES PROPOSED IN ITS APPLICATION WERE RANCH STYLE HOMES, SOME WITH A HALF STORY ELEVATION, BUT NONE OF WHICH WOULD HAVE HIGH WINDOWS THAT WOULD PERMIT VISIBILITY TO THE SURROUNDING PROPERTIES AND OF THIS WOULD BE TRUE IF THAT HOME

[00:55:07]

THERE'S I'M CONCERNED ABOUT THE STORM WATER RUNOFF. CURRENTLY. THE LAST STORM DRAIN BY THE ENTRANCE. IS AT THE TOP OF THE RISE NOW THAT RISE COMING IN FROM CENTRAL COLLEGE IS A 3.3% GRADE. AND YOU SEE THE LAST STORM DURING THAT'S HIGHLIGHTED IN YELLOW UP THERE, SO IT MEANS ALL THE WATER THAT FALLS FROM 100 AND 50. FT PLUS UP TO THAT POINT, IT'S COMING DOWN ON THE CENTRAL COLLEGE. NOW WHEN I ASKED EP CON HOW THEY'RE GONNA HANDLE THIS PRIOR TO THE MEETING. WHAT I WAS TOLD WAS THAT THE INTERSECTION OF HAINES CREEK DRIVE IN CENTER COLLEGE ROAD WILL BE DESIGNED IN SUCH A WAY. UH, AS TO ALLOW THE DRAINAGE TO FLOW DOWN THE PROPOSED ROADWAY GUTTERS AND INTO THE REGRADED ROADSIDE DITCHES. AND NOT DIRECTLY TO CENTRAL COLLEGE ROAD. A DETAIL WILL BE THE ENGINEER AND FIND LATER ON. SO YOU WON'T SEE THAT TONIGHT. BUT WHAT I'M SHOWING HERE. I'M STANDING MIDWAY UP WHERE THAT ENTRANCE ROAD WOULD BE. IT IS ABOUT FOUR YEARS AGO AFTER A RAIN WE CAN SEE HOW MUCH WATER IS THERE. THIS IS CENTRAL COLLEGE ROAD, JUST IN FRONT OF WHERE THEIR ENTRANCE WILL BE. WHEN WAS THIS TAKEN? EXCUSE ME.

WHEN WAS THIS TAKEN FOUR YEARS AGO. THANK YOU. NOW NOW I KNOW THAT SOME WORK HAS BEEN DONE SO ON THE SOUTH SIDE OF CENTRAL COLLEGE ROAD, THEY DUG OUT THE CREEK THERE AND, UM SO IT'S HELPING WITH THE WATER. BUT IF YOU'RE LOOKING AT THE DITCH COMING THAT GOES EAST AND WEST AND AS IT COMES WEST PAST OUR HOUSE, IT'S I DON'T THINK THAT STORM DRAIN CAN HANDLE ANY MORE WATER. IT'S OFTEN AT THE TOP. I KNOW OUR NEIGHBORS CAN TELL YOU ALL ABOUT IT. UM IT'S BEEN CLEANED OUT JUST A COUPLE OF YEARS AGO, AND THAT HELPED BUT I DON'T KNOW WHERE ALL THAT WATER IS GONNA GO. AND NOW THAT WE'RE GONNA COME PUT PAVEMENT OVER A LOT MORE SURFACES THERE. YOU KNOW, I'M FRANKLY CONCERNED ABOUT IT. I CAN SAY. YOU KNOW, WHAT AM I ASKING FOR? YOU KNOW, I DO APPRECIATE THAT WHEN WE STARTED THIS PROJECT. K HAD A 1200 FT. LINE OF HOMES WITH TREES CLEAR CUT WITH THE HOMES JUST 20 FT. OFF OUR PROPERTY LINE. NOW WE ARE AT 58 FT. BACK FROM THE PROPERTY LINE IN 30 FT OF TREES. THEY HAVE ALSO ADDED A BREAK IN THE HOME. SO I GREATLY APPRECIATE THAT. BUT I AM STILL CONCERNED BECAUSE ON THIS FINAL DEVELOPMENT PLAN, WE DO NOT KNOW SOME ANSWERS TO QUESTIONS. I'M CONCERNED ABOUT THE SAFETY ALONG THE ROAD WITH THE NUMBER OF DUMP TRUCKS THAT MIGHT BE NEEDED. I'M VERY CONCERNED ABOUT WHERE THE DIRT IS COMING FROM. AND THAT'S ALL I HAVE. THANK YOU. THANK YOU, ERIN. DO YOU WANT TO ADDRESS ANY OF THOSE DRAINAGE IN PARTICULAR AND SURE, THANK YOU. UM. AS FAR AS THE WATER IS CONCERNED, I GUESS WE'LL BE ABLE TO REVERSE HERE. UM, THE YOU KNOW THE CONDITION OF THE PROPERTY TODAY THAT WE'RE PROPOSING TO DEVELOP IS SUCH THAT THERE IS NO STORM WATER MANAGEMENT ON IT. SO UM, I THINK , UM WE CAN CITE NUMEROUS EXAMPLES AROUND TOWN WHERE THAT THAT CONDITION HAS CONDITIONS LIKE THAT HAVE IMPROVED AS YOU SEE DEVELOPMENT BECAUSE THERE IS A MASTER STORM WATER PLAN. AND UM, EVEN THOUGH YOU'RE ADDING, UH, PERVIOUS, IMPERVIOUS SURFACE . UM, IT IS ALL ALL DEALT WITH, UM, AS FAR AS UM THERE REFERENCE . UH, THERE'S A REFERENCE TO 11 59.08 AND, UM I THINK IT RELATED TO VISIBILITY OR THE BUILDING HEIGHT WAS THE ISSUE. 11 59.08 IS A ZONING CONSIDERATION.

THAT'S UM COMPREHENSIVE. I UM PUD AND UM, PRELIMINARY DEVELOPMENT PLAN CONSIDERATION WHERE IN A FINAL DEVELOPMENT PLAN. UM SO 0.08 DOES NOT APPLY HERE. UM AND THEN, IN TERMS OF, UM YOU KNOW, WE CAN GET SOMEONE UP HERE TO TALK ABOUT THE FILLING. AND UM, I YOU KNOW, I'M I'M NO ENGINEER, SO I DON'T KNOW WHETHER THOSE NUMBERS ARE ACCURATE, BUT I WILL SAY WE ARE

[01:00:02]

UH, MAYBE FOR THE PROFESSIONAL STAFF TO ANSWER, UH OR OUR CIVIL ENGINEER, SO THANK YOU, UH, FEEL FREE TO CALL THEM UP. WE ARE STILL WORKING THROUGH, OBVIOUSLY FOR THE FINAL ENGINEERING. UM SO THE EARTHWORK NUMBERS ARE STILL IN FLUX. UM, AS FAR AS THE DIRT THAT IS MANAGED THROUGHOUT THE SITE. UM, IN LARGE PART. THE DIRT THAT IS BEING TAKEN FROM THE BASIN IS GOING TO BE REREAD IN IN GOING TO BE FILLED THROUGHOUT THE SITE AND WHERE IT'S NEEDED TO MANAGE THAT, UM, THE DIRT THAT WILL BE BROUGHT IN . UM AND CORRECT ME IF I'M WRONG. UM BUT IT IS REGULATED FOR THE CLEANLINESS THAT COMES TO THE SITE. IT CAN'T BE JUST ANY SORRY. SORRY I'M SHORT. I'M EVEN WEARING HEELS. UM SO, BUT IT IS, UM REGULATED. IT CANNOT COME FROM CERTAIN SOURCES. I DO BELIEVE BUT AGAIN. I'M NOT A GEOTECHNICAL ENGINEER, SO I CAN'T REALLY SPEAK TO THAT. UM BUT IT DOES GET BALANCED AND MANAGED THE SITE AND IT'S NOT, UM UNHEARD OF THAT DIRT IS BROUGHT TO SIGHT AND IT'S HAPPENING ALL OVER NEW ALBANY RIGHT NOW. JASON C AGAIN. YEAH, WE THIS IS SOMETHING THAT'S PRETTY ROUTINE. THIS INDUSTRY WHERE THERE'S EVERY EVERY SITE DOESN'T BALANCE PERFECTLY. SO SOMETIMES YOU HAVE SITES THAT YOU REMOVE DIRT FROM SOMETIMES YOU HAVE YOU COME IN. SO WE WORK WITH THE DEVELOPER COMMUNITY. WE HAVE A GEOTECH ENGINEER.

OBVIOUSLY WE HAVE TO BRING IN GOOD FILTER. WE WE'RE WE'RE MORE CONCERNED ABOUT THE QUALITY OF THE MATERIAL THAT ANYONE ELSE WOULD. WE HAVE TO HAVE A GEO CERTIFIED THAT WE BUILD ROADS, BUILD OUR HOUSES BUILD FOUNDATIONS AT THAT THAT SOIL IS SUITABLE AND NOT CONTAMINATED IN THE DIFFERENT THINGS THAT THE NEIGHBORS CONCERNED ABOUT. WE HAVE A HIGHER CONCERN THAN PROBABLY. FRANKLY, THEY DO BECAUSE OF OUR ABILITY TO SELL HOMES AND DO WHAT WE NEED TO DO WITH THE DIRT SO WELL. THAT IS SO THAT YOU YOU HAVE LEGAL LIABILITY ON BRINGING CONTAMINATED SOIL. WHAT'S THAT? YOU HAVE LEGAL LIABILITY REGARDING THE SOILS THAT YOU WE'RE? WE'RE NOT. WE'RE NOT ACCEPTING CONTAMINATED SOILS, AND WE'RE NOT BUILDING WITH CONTAMINATED SOILS. AND WE'RE NOT GOING TO. YOU KNOW, IT HAS TO BE, UH, FILL MATERIAL THAT THAT'S SUITABLE FOR COMPACTION SUITABLE TO BUILD ROADS BUILD OUR FOUNDATIONS. SO WE ARE TESTING FOR ALL THOSE COMPONENTS TO MAKE SURE THAT WHAT WE'RE GETTING IS QUALITY MATERIAL AND WE GET IT FROM NOR KNOWN SOURCES AND WE DEAL WITH THE DEVELOPMENT. WE TRADE MATERIAL ALL THE TIME, SO IT'S COMING FROM SOURCES. WE KNOW WHERE IT'S COMING FROM, AND OTHER CONSTRUCTION SITES SO TYPICALLY NEARBY BECAUSE CONSTRUCTION OR BECAUSE TRANSPORT COST IS A DIRECT COST TO YOU. YEAH. UM. THE TOILET ELEVATION GAMES. IS THERE ANY. UH, WERE THE NUMBERS QUOTED CLOSE? I MEAN, THE TOPO MAP. I WAS PROBABLY NOT SOMETHING TO BE, UM IS NOT CONTESTED. I WOULD PRESUME, BUT THE BUILDING PAS HEIGHTS. THE BUILDING PAD HEIGHTS, UM, FROM THE SNIPPETS THAT WERE SHOWN. I BELIEVE, UM, A RELATIVE. I COULDN'T TELL YOU. IT'S EXACTLY 8 FT. I YOU KNOW BY LOOKING AT THAT, JUST IN THAT SNIPPET, BUT, UM, THE BUILDING PAD ELEVATIONS ARE BEING BROUGHT UP. SO THAT WAY THE WATER WILL DRAIN TO THE BASIN, UM, WITH GRAVITY FLOW. UM AND THIS IS IN AN EFFORT TO MITIGATE WHAT YOU SEE RIGHT HERE . UM BECAUSE RIGHT NOW, AS ERIN ALLUDED TO IS ALL OF THAT WATER IS COMPLETELY TAIN. RIGHT NOW. IT IS FREE FLOWING. UM, ANY STORM EVENT THAT WE HAVE. WE HAVE LIGHT STORM EVENTS. WE HAVE MASSIVE STORM EVENTS, OBVIOUSLY THE ONE THAT WAS SHOWN FROM FOUR YEARS AGO. IT MUST HAVE BEEN A YOU KNOW, A PRETTY GOOD STORM AND YOU SEE THAT IT'S FLOODING THE ROADS, BUT THERE'S NO STORM SEWER OUT THERE TO DETAIN ANY OF IT. IT IS FREE FLOWING GOING STRAIGHT. YOU KNOW TO WELL PORTION OF IT IS GOING TO CENTRAL COLLEGE AND WHAT WE'RE DOING IS WHEN WE PUT THE PUBLIC ROADS INTO THE PUBLIC STANDARDS, WE ARE GOING TO HAVE THE STORM. WERE TO PICK THAT UP. THERE IS A SMALL PORTION OF THE PUBLIC ROAD THAT IS GOING TO DRAIN TOWARDS CENTRAL COLLEGE. UM AND WITH THE DELINEATE WHERE THAT MARK WHERE THE CHANGEOVER IS SO THAT PEOPLE KNOW THAT ABOVE HERE IS CAPTURED IN THE DETENTION PONDS. AND BELOW HERE GOES THE CENTRAL COLLEGE. SO ESSENTIALLY FROM ABOUT THIS POINT ON THIS TALE.

PIECE OF THE ROAD IS GOING TO BE DRAINING TOWARDS CENTRAL COLLEGE . ALL THE REST OF IT IS GOING TO

[01:05:05]

CAN I ASK WHY? AND YOU MAY HAVE EXPLAINED IT, BUT I MISSED IT. BECAUSE IT WAS ON THE SIDE WHERE THE NARROW LOTS THAT ARE ALONG THE WEST. IT'S THE FRONT OF THE HOME FACES THE STREET ON A TYPICAL ON THE ONES THAT ARE ON THE NORTH, THE SOUTH STREET. SO WE ORIENTED THE HOMES DIFFERENTLY. SO. AND THAT'S ALSO GIVING A REAR YARD 15 FT SETBACK THAT THOSE ON THE WEST DO NOT HAVE SO AS YOU MENTIONED THE 15 FT SETBACK MAKES HIM LOOK DEEPER. YES, OK. ALL RIGHT.

THANK YOU. ANOTHER QUESTION. THE BROWN AREA IS THE NOSE SPRAY ZONE. CORRECT. UM IS IT ONLY IN THAT BROWN AREA? AND THEN I WAS WONDERING ON THE EAST SIDE ADJACENT TO THE WETLAND ON THE LICKING COUNTY SIDE. THERE ARE A BUNCH OF HOMES LOTS THAT ABOUT THAT BORDER. IS CAN THAT NOSE SPRAY ZONE BE EXTENDED? DO I HAVE? YEAH, I'VE GOT THIS. HERE. SO WHAT? I'M WONDERING, SO HERE'S THE LICKING COUNTY WETLAND HERE. AND THOSE HOMES ARE ABUTTING IT. CAN WE EXTEND THE NOSE SPRAY ZONE UP THERE? YOU CAN STOP FOR. IS THERE A 50 FT PRESERVATION ZONE ON THAT BORDER, TOO. OK? YEAH. THEY HAVE A 50 FT, UM, SETBACK ALONG WITH THE EAST SIDE. AND THEN THERE IS A PORTION OF THAT THAT ALSO CONTAINS THE 30 FT TREE PRESERVATION ZONE. IT'S THE LOTS THAT, UM, ABOUT THE ADJACENT NEIGHBOR TO THE EAST. SO THERE'S MULTIPLE MEMBERS TO THE RED IS THE 50 FT SETBACK. UM. WAS A 30 FT TREE PRESERVATION ZONE WITH OK, SO THAT'S INHERENTLY NO SPRAY BECAUSE THERE SIMPLY IS NO ONE. NO ONE DOING ANYTHING IN THERE. WITHIN THE, UM 30 FT TREE PRESERVATION ZONE, WHICH IS UM YES. OK AND THE BROWN OR THE NEXT TO THE RED IS WOW. THAT'S THE ORANGE DEPICTS THE 50 FT SETBACK. THE RED DEPICTS THE 50 FT SETBACK AND THE 30 FT TREE PRESERVATION ZONE IN THAT 50 FT SETBACK. ARE THERE ANY LIMITS ON SPRAYING. GRASS CUTTING ET CETERA ON THE EAST. NO. ON THE WEST OR ON THE NORTH. WELL THIS IS THE LOT LINE WE'RE TALKING ABOUT. AT THE MOMENT. WE HAVE IT ON THE ON THE TEXT IS NOT, UM HAVE ANYTHING REGARDING THAT LANGUAGE. CURRENTLY ONLY ALONG THE NORTH. MY RECOLLECTION OF WHY THAT WAS WE NEEDED TO

[01:10:08]

GOOD EVENING. MY NAME IS DAVID JONES AND I LIVE AT 8337 CROSS ROAD. EXCUSE MY IGNORANCE. I DON'T KNOW HOW TO USE THE HERE. UH, THIS IS RIGHT HERE. ACTUALLY I KNOW WE LOOK AT THE PICTURE FROM FOUR YEARS AGO ABOUT THE FLOODING ON ONE WEEK AGO TODAY. ON MONDAY, THERE WAS OVER 200 FT OF FLOODING RIGHT HERE. LIKE GOING DOWN HERE ALL THE WAY UP TO HERE. YOU CAN SEE IT. I TRIED TO WALK BACK THERE TO LOOK AT IT, AND IT WAS JUST SO WET FROM BASICALLY HERE. ALL THE WAY HERE. JUST UNDERWATER. UM, I MEAN, SO I THINK THAT I MEAN, I DON'T I. I DON'T SEE HOW WELL MAYBE I JUST DON'T UNDERSTAND CONSTRUCTION ENOUGH TO KNOW HOW THESE ARE NOT GONNA GET FLOODED.

[01:15:02]

ACTUALLY AT THE I THINK IT WAS THE COUNCIL MEETING WHEN PEOPLE SAID, WELL, WHY DON'T YOU JUST ELIMINATE THESE FOUR HOUSES OVER HERE? THEY SAID, WELL, I THINK THE PROJECT IS WORTH LIKE $90 MILLION THAT IT COST THEM ANOTHER 2 MILLION. I SAID, WELL, I THINK IT'S WORTH IT. I MEAN, I THINK YOU SHOULD HAVE LIKE THESE FOUR HOUSES. UM THE I THINK IT WAS HANDS THAT BROUGHT UP A QUESTION. I WISH I COULD PHRASE THE WAY YOU DID, BUT IT WAS A VERY GOOD QUESTION. THAT I TO THINK EXACTLY HOW YOU SAID IT, UM. BUT IT WAS BROUGHT UP TO ELIMINATE THESE HOUSES. AND I THINK THAT WOULD BE A GOOD SOLUTION. UM. ONE THING THAT WAS BROUGHT UP ALSO, AND I JUST WANT TO CLARIFY AGAIN. THEY SAID THEY WEREN'T TOUCH ANY OF THESE TREES. NONE OF THESE TREES WILL BE CUT DOWN. AND I JUST WANT TO MAKE SURE THAT'S THAT IS CORRECT. CORRECT, RIGHT? GOOD.

THANK YOU FOR THAT. I THINK THAT'S IMPORTANT. I DO AGREE WITH MULTIPLE PEOPLE WHO SAID THERE SHOULD BE NO EXCEPTIONS TO THE RULE. AND THAT, UM, 95 PERCENT'S NOT BAD, BUT 100% IS A WHOLE LOT BETTER. I THINK YOU SHOULD HAVE 100% PARK LAND AND FREE SPACE. UM. I THINK YOU, NEIL. DID YOU BRING UP THE LEGAL LIABILITY AND, YEAH, I, I I'M NOT A LAWYER, BUT I'M RELATIVELY SURE IF YOU SELL SOMEONE A LOT THAT YOU CONTAMINATED. THEY COULD SUE YOU FOR IT. AND SO THAT THE DEVELOPER HAS A VESTED INTEREST IN NOT SELLING TO THEIR CLIENT A LOT THAT THEIR CLIENT COULD SUE THEM OVER. WELL, IT I'VE NEVER SUED ANYBODY. AND THANKS. I'VE NEVER BEEN SUED. SO I DON'T KNOW ANYTHING ABOUT THAT. BUT I DO KNOW OUR WELL. WATERS RIGHT HERE AND EVERYBODY ON CLOUSE ROAD HAS WELL, WATER. UM AND I THINK YOU MENTIONED MULTIPLE TIMES. WE DON'T WANT MOSQUITOES SPRAYED OR WE DON'T WANT ANY CHEMICALS BECAUSE I MEAN, THAT'S A DRINKING WATER, AND IF WE ARE DRINKING WATER IS CONTAMINATED. OBVIOUSLY, IT'S GOING TO BE ADVERSELY AFFECT US.

ONE OF THE THINGS I WAS BROUGHT UP, AND I'M NOT SURE IF IT'S A COUNCIL OR AS ANOTHER READING, BUT THEY SAID HE'S IN A SITUATION WHERE THE WELLS WENT DRY. UM, ONCE THESE THINGS WERE ONCE THE UM, INSTRUCTORS OR DEVELOPERS ARE DESTROYERS OR HOW ARE WE GOING TO PHRASE THEM? ONCE THEY START WORKING IN THERE ? IT DESTROYS YOUR WELL AND, UM THEN YOU HAVE NO WELL, YOU HAVE NO WATER. YES I. I HAVE A DIRECT COMMENT FOR THAT RIGHT NOW, AND THAT IS HAVE YOUR WELL TESTED OK , AND NOW IS THE TIME TO HAVE IT DONE AND HAVE A, UH THE PEOPLE WHO DRILL WELLS. THE PEOPLE DEAL WITH WATER KNOW HOW TO DO THIS. IT'S NOT TERRIBLY EXPENSIVE THAN THEY WILL GIVE YOU A PIECE OF PAPER THAT CERTIFIES THIS MANY GALLONS DRAW DOWN AND THINGS LIKE THAT, UM AND IF YOUR WELL GOES AWAY AS PEOPLE ON 62, I THINK FOUND OUT WHEN IN THE VARIOUS WHEN THE COUNTRY CLUB WENT IN, THEY BROKE THROUGH SOME AQUIFERS, AND A LOT OF WELLS WENT DRY, AND THEY WERE BLUE TANKS THAT APPEARED UNTIL THE FIXED SITUATION GOT FIXED, AND IT'S NOT YOUR DIME TO FIX IT. UM BUT YOU HAVE TO BE ABLE TO PROVE THAT YOU HAD A GOODWILL AND HOW GOOD IT WAS SO THAT THEY HAVE A INITIAL CONDITION THAT THEN MUST MEET. AND SO YOU WANT THAT PAPER THAT SAYS, HERE'S HOW GOOD MY WILL IS, AND A WILL DRAWER CERTIFIED IT. AND THEN IF SOMETHING HAPPENS, UM YOU CAN TELL THEM AND IT'S NOT A THEY SAID. THEY SAID THEY SAID, KIND OF THING. IT'S YOU KNOW, X GALLONS PER MINUTE. THAT'S WHAT I HAD. AND IT'S THEIR PROBLEM. THANK YOU VERY MUCH FOR THAT INSIGHT. I. I LIVE NEXT TO MARKET STREET AND I HAVE A WELL AND SO WE HAD OUR WELL TESTED PRIOR TO THE EXCAVATION FROM MARKET STREET. HOPEFULLY, THAT WENT WELL FOR YOU. IT DID. GOOD.

UM. I MEAN, HOW DO YOU GUYS FEEL ABOUT NO EXCEPTIONS TO THE RULE? I MEAN, IS THIS SOMETHING ROUTINE WHERE THEY MAKE THE RULES? AND THEN THEY WE ARE TO HAVE AN EXCEPTION FOR THIS.

WE'RE NOT GONNA FATHER, THE RULES FOR THIS, WE'RE GOING. I MEAN, IT SEEMS LIKE ALL THESE RULES ARE IN PLACE. BUT SO MANY OF THEM AREN'T BEING FOLLOWED. I IT IS BUILT INTO CODE THAT FEE AND LOU IS AN ALLOWABLE ALTERNATIVE. UM, BUT IT REQUIRES APPROVAL BY THE BODIES THAT ARE HEARING THIS HEARING IT SO I TOOK A SHOT AT F LOU ALSO, DON'T THEY? YEAH, WE'LL TAKE A SHOT IN THE FAMILY WITH THE FINAL PLAT. UM AND YOU KNOW, CAN TALK ABOUT HOW MUCH THAT SHOULD BE. WELL, I KNOW I DO KNOW THIS. UM WHEN I BOUGHT MY LOT, UM, 20 YEARS AGO OVER 20 YEARS AGO. I PAID $50,000 AN ACRE FOR THAT. I MEAN , SO IN THAT HERE IN IT FOR $50,000 AN ACRE, I MEAN, IT'S LAUGHABLE. UM AND I JUST THINK WE SHOULD FOLLOW THE RULES AND HAVE THE LAND IN THE PARK LAND AND JUST BE 100% COMPLIANT AND ALL I'M ASKING FOR IS ON COMPLIANCE AND TO FOLLOW THE RULES. AND I DON'T. I DON'T THINK THAT'S AN UNREASONABLE REQUEST. ACTUALLY IF YOU'RE IN A BREAK BETWEEN YOUR QUESTIONS, AARON, DO YOU WANNA ADDRESS HOW THE WATER MOVING EAST TO WEST IS HANDLED AND WHY THOSE FOUR WOULD OR WOULD NOT BE SUBJECT TO FLOODING FROM THE WATER YOU'RE BRINGING IN FROM FROM THERE. AND THEN AARON, COULD YOU ALSO ADDRESS THE COUPLE QUESTIONS WE HAD ABOUT HOW YOU CAME UP WITH THE VALUE OF THAT ACRE? WELL LET'S DO LET'S DO THE WATER

[01:20:02]

I'M GOOD. THANKS. I WAS GONNA SAY. UH, ONE QUESTION. I THINK IT WAS BROUGHT UP THAT I. I WAS HOPING YOU GUYS COULD ANSWER FOR ME. I SAYS WHY DOES NEW ALBANY HAVE A PARK REQUIREMENT THAT IT DOESN'T ENFORCE? I MEAN, I THINK WE SHOULD ENFORCE THE POLICY IN THE I. I CAN SPEAK TO THAT. I MEAN, WE HAVE A REQUIREMENT IN THE CODE SO YOU CAN KEEP ME ON THIS. BUT THAT BASICALLY IS THAT YOU EITHER NEED TO PUT AS MUCH PARKLAND AS REQUIRED BY THE CODE OR PAY A FEE, RIGHT? IT'S NOT AN EXCEPTION. IT'S ANOTHER WAY TO SATISFY THE REQUIREMENT. AND SO WE CAN TALK ABOUT THE AMOUNT THAT THAT NEEDS TO GET THAT AND I THINK THERE'S BEEN SOME VALID POINTS HERE BUT THE BUT THE EXCEPTION THE RULE ITSELF ALLOWS FOR BOTH. TO SATISFY THE REQUIREMENT. THAT MAKES SENSE TO DO YOU UNDERSTAND? YEAH. ALRIGHT CAUSE THIS QUESTION. YEAH, OK. I THINK IF YOU THINK OF IT THIS WAY, IT'S THE IDEA IS TO SUPPORT PARKLAND IN THE CITY, AND IT CAN BE SUPPORTED BY CREATING IT.

WHERE YOU'RE DEVELOPING OR IT CAN BE SUPPORTED BY A CONTRIBUTION TO A GENERAL FUND THAT SUPPORTS PARKLAND GENERALLY IN THE COMMUNITY, SO THAT'S KIND OF THE IDEA IF THAT MAKES A LITTLE MORE SENSE. AS ANDREA SAID THE REQUIREMENT CAN BE SATISFIED UNDER THE WAY CODE WRITTEN IN MULTIPLE WAYS, OR AT LEAST TWO WAYS ANYWAY. BUT THE GOAL IS TO SUPPORT PARKLAND, EITHER WHERE THE DEVELOPMENT IS OR IN THE COMMUNITY IN GENERAL, SO THAT'S SORT OF THE IDEA. SO IT'S NOT REALLY IT'S NOT FAIR TO SAY THEY HAVE TO MEET THE REQUIREMENT BY PUTTING PARKS IN ON THEIR DEVELOPMENT. THAT'S NOT WHAT THE CONCEPTS ALTHOUGH OUR OUR GUIDING DOCUMENTS DO CALL FOR A PARK LAND WITHIN 900 FT OF RESIDENCE, WHICH THEY ACTUALLY MEET. I MEAN, THEY GOT 90% OF THEIR PARKS LAND HERE, AND IT'S PROBABLY WITHIN THE 900 FT. ZONE. OF IT. SO THE PARKING THAT THEY DO HAVE, UH, DOES MEET THE PLANNING DOCUMENTS THAT SUGGEST THAT IT BE LOCAL. ONE OF THE THINGS THAT WHEN WE WERE OFFERED THE, UH, FEE IN LIEU OF ONE OF THE THINGS WE EVALUATE ON IS THERE PARK LAND IN THE DEVELOPMENT. IT'S JUST NOT BIG ENOUGH. SO THAT, UH, PARTICULARLY FOR RESIDENTIAL THAT HAS KIDS. THAT'S A THAT'S A REAL SERIOUS. WE'VE SEEN IT IN DIFFERENT PARTS OF THE COMMUNITY THAT IT WAS A IT'S A BIG WIN. IF YOU'VE GOT A TOP LOT WITHIN 900 FT. WE'VE HAD TO RETROFIT ONE AT NORTH OF WOODS THAT IT WASN'T THERE FROM THE BEGINNING. AND WE HAD ONE PUT THERE. UM THIS HAS GOT THE PARKLAND WITHIN THE 900 FT. AND SO NOW WE'RE NOW WE'RE BALANCING DIFFERENT WAYS TO SATISFY THE REQUIREMENT. UM HANS, I'LL ADDRESS YOUR QUESTION . UM I, I JUST AND RELATED TO THE PARKLAND. YOU KNOW, I THINK THE ALTERNATIVE USE HERE THAT WE

[01:25:02]

WELL I'M SAYING ALTERNATIVE USE OR ZONING HERE WOULD PROBABLY BE SINGLE FAMILY AT ONE END OF AN ACRE. NO, WE HAVE IN FRONT OF US. WELL CLEARLY MY POINT BEING WITH WITH THIS NUMBER OF HOMES, YOU'RE GETTING MORE PARKLAND. YOU'RE GETTING MORE HOUSING. YOU'RE ALSO GETTING MUCH MORE PARKING. HE SHOULD MAKE A COMPARISON ABOUT WHAT IT COULD BE VERSUS WHAT IT WHAT IT IS RIGHT. UM HANS WITH RESPECT TO THE APPRAISAL AND HOW WE GOT TO THAT NUMBER. SO WE HIRED. UM, SAM. WHO'S SAM? IS THAT WHO WE GOT? IT WAS A HORNER. I WAS WONDERING, UH, HORNER, WHO IS A, UM UH, A WELL RESPECTED, UM, APPRAISER AND, UM, THE NUMBER WE HAD TRADITIONALLY USED WAS BASED ON A NUMBER OF THE CITY HAD PROVIDED FOR THE ALDEN WOODS DEVELOPMENT. IF YOU REMEMBER THAT NINE LOT, UM, SUBDIVISION, UH, JUST DOWN FROM THE LIONS CLUB, UH, TO THE EAST OF IT THAT WAS APPROVED A COUPLE OF YEARS BACK. UH, THERE'S I THINK THEY'RE STARTING ON IT. UM AT THAT TIME WE UTILIZED AN APPRAISAL OF THE CITY HAD DONE VERY RECENTLY FOR 42 OR 40. 3000 AN ACRE. UM WE ACTUALLY WE'RE GOING TO USE THAT AGAIN. UM CITY STAFF ASKED US TO GET A NEW UPDATED APPRAISAL AND I CAME IN AT 50,000. AND SO IT WAS NOT. IT DID ESCALATE BY, UM YOU KNOW, 15 20, BUT THE QUESTION IS YOU YOU'RE TRYING TO, UM VALUE PARK LAND, NOT DEVELOPMENT LAND, AND THERE'S A DIFFERENCE. SO THE PARKLAND COMPS ARE USUALLY DONE UP IN THE METRO PARKS AREA BECAUSE THERE HAVE BEEN, UM SOME OF THOSE HAPPENING FROM TIME TO TIME, AND TYPICALLY, THOSE ARE IN AREAS WITHOUT UTILITY SERVICES, BECAUSE, UM, USUALLY UTILITIES BRING DEVELOPMENT. SO UH, THE BIT LARGER NUMBERS THAT ARE THROWN OUT ARE FOR PROPERTIES WITH UTILITIES AVAILABLE TO THEM, WHEREAS PARKLAND, UH HAS TYPICALLY BEEN SEEN AS AREAS WHERE YOU DON'T HAVE THAT AVAILABLE AND THEREFORE VALUES ARE LOWER BECAUSE THE DEVELOPMENT POTENTIAL WAS LOWER. FOR THE CITY STAFF DO WE EVER COUNTER WITH OUR OWN. APPRAISERS. UH, WE HAVE NOT. UM BUT AARON'S RIGHTS THE PER CODE. THE APPRAISAL IS, UH, IT SAYS HERE IT'S IT HAS TO BE BASED UPON THE AVERAGE VALUE PER GROSS SITE PRIOR TO CONSTRUCTION OR IMPROVEMENT, SO IT'S BASED ON THE VALUE OF THE LAND TODAY BEFORE ANY TYPE OF IMPROVEMENTS, IE INFRASTRUCTURE OTHERWISE TO THE SITE, AND I THINK THE IDEA IS THAT YOU KNOW, DIFFERENT SITES HAVE DIFFERENT LEVELS OF IMPROVEMENTS OR ABILITY OF IMPROVEMENTS. AND SO I THINK THAT'S WHY THERE IT'S AN APPRAISAL IS REQUIRED IN OUR TO ENSURE THAT THAT PROPERTY UM ITSELF IS PROPERLY VALUED. UM, BASED ON THE SPECIFIC SITE SO IF I GOT THAT, RIGHT, THAT'S THE VALUE IS BASED ON WHAT THIS LOT SOLD FOR. IS THAT WHAT YOU JUST SAID? NO IT'S BASED ON WHAT THE SLOT. UM IT'S THE APPRAISAL OF THIS LOT PRIOR TO ANY CONSTRUCTION OR IMPROVEMENT, SO A AS IT EXIST, THEY RECENTLY BOUGHT IT. IT WOULD BE THE PURCHASE PRICE THAT WOULD THAT'S A THE BEST APPRAISAL YOU'VE GOT IS A RECENT PURCHASE. I'M NOT AN APPRAISAL. I GUESS I COULDN'T SAY BECAUSE I GUESS TWO PARTIES COULD AGREE TO, YOU KNOW, HAVE A DIFFERENT PURCHASE PRICE THAN THE APPRAISAL, BUT I THINK THE APPRAISAL IS SORT OF A FAIR PROFESSIONAL THING, AND I THINK THAT'S WHY OUR CODE RELIES ON IT. NEXT SPEAKER. THE LAST CARD I HAVE IS RON DAVIES. IF YOU DO THE CROSS SECTION SLIDE FIRST. HI GOOD EVENING. RON DAVIES. UH, 8200 CENTRAL COLLEGE ROAD. THE SLIDE FROM THIS PRESENTATION, THE ONE WE KEEP SHOWING THE HOUSE IN THE CROSS SECTIONAL PIECE, SO THAT ONE. SO I THOUGHT MAYBE WE TRY TO DO A LITTLE CLEAN UP HERE, AND SO, UH UM AS MY WIFE WAS TALKING ABOUT WHICH OF THESE BUTTONS IS THE, UH POINTERS. RED SORRY. OK, SORRY.

UM. SO SHE MADE A COMMENT ABOUT THE ELEVATION CHANGE. I'M GONNA GO THROUGH TWO SLIDES THAT ARE

[01:30:08]

YOU'RE GOING TO BE RISING, RAISING THAT SITE, THE PAD 7 FT, SO THE BUILDING CODE ZONING HAS A HEIGHT RESTRICTION ON THE ROOF . BUT THAT'S BASED ON THE BASELINE OF THE HOUSE. YOU'RE GONNA RAISE THE HOUSE, 75 TO 7 FT. FIRST DEPENDING ON WHERE YOU WHAT HOUSE YOU'RE LOOKING AT. SO WHAT WE ALSO DIDN'T TALK ABOUT IS THIS ROAD, RIGHT? SO YOU'RE GONNA RAISE THIS ROAD 5 TO 6 FT, AND THEN DO SOMETHING. RIGHT IN HERE, I GUESS. LEAVE IT ALONE BECAUSE IT'S GONNA BE OPEN SPACE FOR THE SHORT TERM OR LONG TERM, DEPENDING ON HOW LONG IT'S THERE. UM SO IT HAS TO BE GRADING DOWN, SO THERE'S WATER RUNNING DOWN THIS DOWN HERE AND ALSO THAT WAY. UM SO WHILE WE THINK ALL THE WATER IS GOING THIS WAY, I DON'T KNOW HOW YOU'RE GONNA GET THAT WATER THERE. BECAUSE IT'S COMING IN THE OTHER DIRECTION. SO JUST TO REITERATE, THEN. THIS IS A 5. FT RISE. YOU'VE GOT A PAD THAT'S GONNA BE 5 TO 6. FT. IF YOU WAIT FOR JUST A SECOND THEY CAN ADDRESS THAT BECAUSE THEY'VE GOT ROOFTOPS AND DRAINAGE AND THEY'VE GOT TO MOVE THAT WATER FORWARD. AND WE HAVE THE. YOU KNOW, THERE'S A LINE YOU CAN DRAW WHERE IT SAYS AT THIS POINT IN TIME, THE WATER GOES, UM WEST . AT THIS POINT IN TIME WE CAPTURE IT. SO IF YOU COULD DELINEATE THE WHERE THE WATER GOES WEST AND WHERE YOU CAPTURE IT. SO LIKE THE ROOFTOPS, THE ROAD EVENTUALLY THEY DRAW A LINE AND SAY IT GOES WEST. SO THE ROOFTOPS RIGHT NOW ARE GOING TO BE GOING TOWARDS THE STREET RIGHT HERE. TO ADDRESS THE CONCERN ABOUT THIS ROAD ELEVATION HERE, AND IT'S RAINING. TOWARDS HERE. THERE IS ACTUALLY A LOW SPOT IN THIS OPEN SPACE RIGHT HERE WHERE THIS IS ALSO YOU KNOW THIS WATER IS ALSO GOING INTO THAT LOW SPOT AS WELL. UM THIS. IS A MINIMAL AMOUNT. UM I CAN'T REMEMBER THE I MENTIONED IN MY HEAD, BUT I BELIEVE THAT THIS IS 100 AND 30 FT. RIGHT HERE FROM THE END OF THE ROAD. COMING DOWN. AND THIS IS ALL GOING TO BE IN THIS AREA THAT GOES TOWARDS CENTRAL COLLEGE, WHICH THEN MAKES ITS WAY GETS TO THE STREAM UP HERE. I LIKE. WATERS AND YOU AT THAT POINT WELL, I'M SAYING SO. THE THIS IS GOING TO BE COMING DOWN TO THE LOW SPOT. BUT THERE IS THE ELEVATIONS THAT ARE ALONG HERE. GO TOWARDS CENTRAL COLLEGE , SO IT'S NOT THAT THIS IS GOING TO BE COMPLETELY COMING DIRECTLY. TO THE WEST. WATERS RIGHT RIGHT AT AND IT'S ACTUALLY . IS IT THE DRIVEWAY? YEAH. THE DRIVEWAYS LIKE RIGHT HERE. YEAH AND THIS GOES THIS DOES GO LESS FROM THE DRIVE WAY. YES. BUT YOU GET THIS? THIS WILL BE NO. SOMEWHERE. IT CROSSES OVER HERE IN THE COUNTY. THAT SUMMER ABOUT

[01:35:07]

WE'RE SORRY. NOW I WELL AND THE RULE IS YOU CAN'T GIVE THEM MORE WATER THAN THEY'RE GETTING. NOW IF YOU WANTED TO YOU AND BECAUSE YOU'RE DIVERTING AT THE HOUSES AND MOST OF YOUR FLOW. PART OF THIS IS GONNA GO OUT TO. AND THEN FOR THIS, THEN YOU CAN GO TO THE LEFT. AND HERE NOT IN ANY OF THE WATER. THAT'S OK? ALL RIGHT. THANKS. CAN WE PULL UP THE, UH, ISOLATED? SO BEFORE I JUMP INTO MY WHOLE PIECE OF THAT, YOU KNOW, WE HAD A LOT OF CONVERSATIONS. I THOUGHT I'D USE THIS PICTURE RIGHT TO TALK ABOUT THE NORTHERN SIDE AND THE WATER FLOW. WE JUST KIND OF WENT THROUGH SO PARDON MY NERVES HERE , BUT I GUESS YOU KNOW WATER'S GONNA FLOW THROUGH HERE GENERALLY DOWN THROUGH HERE TO TIDE WATER. I BELIEVE THERE'S ISSUES AT TIDEWATER, SO YOU'RE GOING TO INCREASE THE WATER FLOW THROUGH THAT CREEK TO TIDE WATER , WHICH, AS I'VE SEEN DURING DIFFERENT STORMS, IT STARTS BACKING UP. GO THE OTHER DIRECTION RIGHT? AND THAT'S ALSO STARTS TO IMPACT. I KNOW OUR PROPERTY, MY NEIGHBOR, AL'S PROPERTY AND JOHN, BUT THE WHOLE FLOW THROUGH TIDE WATER THEN IS THEN GOING TO INCREASE. WOULD WOULD YOU AGREE? I SHOULD HAVE BROUGHT HER UP. UM YEAH. SO THE QUESTION IS HOW YOU CAN CONTROL THE ADDITIONAL WATER FLOW THAT'S GONNA HIT THIS CREEK AND END UP AT TIDE. I. I YEAH, I DID GO AHEAD ADDRESS ALL THESE AT ONCE.

AT THE END, WE KEEP A RUNNING LIST AND I ALL RIGHT. I'M I'M FINE WITH THAT. AS LONG AS WE SEE LIKE THAT THAT COME THROUGH WHAT WE FOUND IN THE EARLIER MEETINGS IS LIKE WE'D HAVE COMMENTS. AND WE NEVER GET LIKE ANSWERS. AND SO, UM DURING THE CITY COUNCIL MEETING. I CHANGED STRATEGIES AND WE STARTED TO GET KIND OF INTERACTION AND ONE ON ONE, WHICH I THINK, UH, KIND OF HELPED US, BUT WE'LL CONTINUE ON SO IF WE CAN MOVE TO MY FIRST SLIDE, JUST SORRY. I CAN DO IT RIGHT. THERE WE GO. SO AGAIN. I ALWAYS APPRECIATE YOUR TIME. I DON'T KNOW HOW YOU GUYS CAN VOLUNTEER FOR THIS AMOUNT OF, UH, ACTIVITY HAVING BEEN ON BOARDS MYSELF, UH, THE INTENSITY IS OVERWHELMING. SO I APPLAUD YOU GUYS FOR DOING THIS, BUT I ALSO FOUND AS I WENT THROUGH THIS WITH VARIOUS COMMISSIONS AND BOARDS. THERE'S NO WAY YOU HAVE ENOUGH TIME TO READ THE MINUTES, PERHAPS FROM THE PRIOR MEETINGS FROM ROCKY FORK FROM THE, UH UM, TRAILS AND PARKS AND PARKS AND TRAILS YOU MIGHT SAY, I JUST WANT TO SEE PARKS AND REC. UM SO I FOUND OUT I GOT TO THE CITY COUNCIL MEETING WAS LIKE, HEY, WE NEED TO KIND OF REST, STEP BACK AND KIND OF RE TALK ABOUT WHAT'S BEEN SAID, AND WHAT'S BEEN DONE BECAUSE THIS HAS NOT BEEN STRAIGHTFORWARD AND MAYBE NO DEVELOPMENT. THIS SIZE GOES STRAIGHT FORWARD, BUT, UM, WE'VE HAD STRONG VOTES AGAINST THIS DEVELOPMENT AND CERTAINLY, UH, THIS COMMISSION HAD A 32 VOTE. IT WAS FIVE MEMBERS VOTING AT THAT TIME. UH YOU ADDED 14 CONDITIONS, AFTER WHICH THE CITY COUNCIL WEIGHED IN WITH A

[01:40:01]

UH AND AS WE SIT HERE TODAY, WE DON'T KNOW THOSE ACRES ARE YOU KNOW THERE'S LIKE TWO POINT SOMETHING ACRES OF WETLAND THERE GETTING IMPACTED BY PHASE ONE. WE'VE OBJECTED. I THINK AS A COMMUNITY TO THIS DEVELOPMENT IN DENSITY, YES. UM YOU ARE ALREADY A VERY TIGHT VOTE. BY THE WAY, IF YOU REMEMBER 3 TO 2, SO ONE VOTE MAKES A DIFFERENCE. AND UH, YOU KNOW, I WAS THINKING ABOUT THAT GIVEN ALL OF OUR POLITICAL WORLD. WE LIVE IN TODAY THAT YOU KNOW, ONE VOTE HAS ALL THE POWER SO IT'S NOT LIKE, UH, YOU KNOW, IT'S A UNANIMOUS DECISION HERE AROUND ALL THESE THINGS, UM, PARKS AND TRAILS. NEAREST PLAYGROUND EQUIPMENT IS 1.7 MILES, UM, FROM HERE. WE HAD PEOPLE TALK ABOUT THAT THAT YOU KNOW, WE KEEP HAVING MORE AND MORE COMMUNITIES BUILT WITH NO PARK EQUIPMENT, NO PLAYGROUND EQUIPMENT. YOU WOULD LIKE TO THINK THAT SOME OF THESE FOLKS WILL BE 10% WITH KIDS. UH, POTENTIALLY, AND THERE'LL PROBABLY BE GRANDKIDS HERE AND THERE BOUNCING AROUND. UM YOU KNOW WHO WANTS TO HAVE A SENIOR CITIZEN HOME KIND OF THING, RIGHT? SO THERE IS NO EQUIPMENT. I'LL LEAVE IT TO YOU TO DECIDE IF THAT'S ARE NOT CODE, BUT THAT'S WHERE YOU KNOW THE NEAREST PIECES THAT I COULD FIND . IS THAT ON BETHLEHEM AT THE LINKS, UH, INTERSECTION, SO IT'S 1.7 MILES AWAY. LITTLE FAR TO RIDE FOR A BIKE, ESPECIALLY IF THE COST JOHNSTOWN ROAD. YOU KNOW, AND THIS PROCESS HAS BEEN LEARNED HOW IMPORTANT THE IPOD LANGUAGE IS BECAUSE EVERYTHING IS FRAMED IN THAT MANNER. UH AND SO I HAVE BEEN SHARING WITH THE CITY STAFF OVER TIME AROUND SOME OF THESE CONSTRUCTS AND HAVING JOHN EMINA AND STUFF LIKE THAT.

NOT BEING A LAWYER, BUT YOU LEARN TO LOOK FOR THINGS THAT ARE STRUCTURALLY CHANGING PARAGRAPHS. WHAT'S SAID AND WHAT'S NOT SAID, BECAUSE THAT MATTERS, AND SO AS I READ, I PUT DOCUMENTS YOU KNOW, I WAS LOOKING AT WHAT WAS NOT SAID VERSUS WHAT WAS SAID. AND WHAT IS THE CONTRACT? UH, CHANGE TERMS. SO UM, YOU KNOW, YES, WE HAVE A 30 FT TREE PRESERVATION ZONE. HONESTLY I THINK YOU COULD DRIVE A TRUCK THROUGH IT RIGHT SO YOU CAN CONSTRUCT ROADS, PASS TRAILS, SIDEWALKS, UNDERGROUND LINES, UNDERGROUND STORM WATER MANAGEMENT. CONSTRUCTION MAY BE PERMITTED SO AND IN HINDSIGHT, WE THINK ABOUT THIS TREE PRESERVATION ZONE AND IT'S FAIRLY LOOSE LANGUAGE. CERTAINLY IF I WAS WRITING A CONTRACT, I WOULD NOT HAVE LOOSE LANGUAGE.

SO THE ROADS GET BOLTED DOWN. I'M SORRY. ROADS, ROADS ARE WELL UNDERSTOOD HERE. I UNDERSTAND WE KNOW EXACTLY WHERE RHODES PUNCH THROUGH THE DISTRICTS. THAT THAT THAT ONE IS CLEAR THAT THE, UM BUT WITH RESPECT, I AGREE. I THINK WHAT I'VE SEEN OVER THE PAST YEAR AND BEING A LOT OF MEETINGS IS LIKE THINGS HAPPEN. AND THEN THERE'S EXCEPTIONS MADE , SO THAT'S THE REASON WHY I BRING IT UP, RIGHT. IT'S SOME SOME THINGS LIKE THAT. SO UM AND I'M GETTING TO THE NEXT PIECE.

IT'S LIKE SO MY WHOLE GOAL. ONE OF THE MAJOR GOALS OF THIS WHOLE EFFORT WAS LIKE HOW DO YOU

[01:45:01]

LANGUAGE IS VERY DIFFERENT THROUGHOUT THE DOCUMENT. YOU KNOW, IT'S VERY CLEAR, UM, IN THE IPAD PIECE ABOUT, UH, SIDES AND FRONTS, AND THEN IT GOES SILENT ABOUT BACK EXCEPT IN LETTER. OOPS. SORRY IN LETTER K. WHERE ENCROACHMENT SHOULD NOT BE ALLOWED IN STORM OR DRAINAGE EASEMENTS IN THE SIDE OR REAR, AND WE HAVE A SUPPLEMENTAL DOCUMENT TO JENNIFER CHRYSLER, UH, SENT OUT BASED ON SOME QUESTIONS THAT WE HAD ASKED, AND OTHERS HAD ASKED, UM I THINK THE DATE OF THAT, BUT WE HAVE A COPY OF THAT IF YOU NEED IT, UM, IT TALKED ABOUT YOU KNOW, STORAGE BUILDINGS AREN'T ALLOWED, HOWEVER, AC UNITS OTHER THINGS CAN BE ALLOWED BECAUSE THEY CAN BE INSIDE THE, UH OR, UH, OUTSIDE THE SETBACK. UM BUT YOU DON'T HAVE ANY PROTECTION ON THE REAR SIDE UNTIL YOU HAVE EASEMENT. AND SO I ASKED A BUNCH OF QUESTIONS ABOUT THIS EASE IN THE CITY COUNCIL MEETING. UM BECAUSE THEY'RE ESSENTIAL FOR PROTECTION ON THIS PROCESS AGAIN , HAVING SAT THROUGH A BUNCH OF MEETINGS JUST OVER THE PAST 12 MONTHS, YOU KNOW, EASEMENT ENCROACHMENTS HAPPEN AND OBVIOUSLY SOMETIMES AFTER THE FACT COMMISSIONS AND BOARDS APPROVED LIKE WELL, WE DID IT FOR SO AND SO OR SOMETHING. SO WE MADE A MISTAKE. AND SO NOW YOU HAVE AN ENCROACHMENT. UH AND WE'RE TRYING TO PREVENT THAT, OBVIOUSLY. SO UM, ON THE JULY 18TH FOR, UH, CITY COUNCIL MEETING THE APPLICANT COMMITTED TO AN EASEMENT ON THE WEST SIDE.

UM THIS PLAN FAILS THAT LANGUAGE . UM JUST IN CASE YOU WANNA SEE THE MINUTES? I HAVE A COPY OF THE MINUTES. UM, ACTUALLY, IF YOU IF YOU'D STOP THERE, UH HAS THERE BEEN AN EASEMENT RECORDED YET? THAT WOULD BE AS A PART OF THE FINAL PLAT. AS PART OF THE FINAL PLAT. ALL RIGHT, UM, BUT IT'S ON THE CURRENT DOCUMENTS. OK? I DON'T. I GET. EVIDENTLY THERE ISN'T BUT WHAT I WOULD SAY IS I. I DON'T KNOW WHAT CONTEXT THIS WAS IN WHETHER THEY WANT A PRESERVATION EASEMENT ON TOP OF WHAT'S IN THE ZONING OR OR WHAT THIS WAS IN REGARDS TO AND MAYBE IT WAS MENTIONED THAT WE WOULD DO IT, BUT IT WASN'T CONDITIONED. BUT I. I DON'T KNOW WHAT WE'RE TRYING TO GET AT, BUT WE'RE GONNA PROTECT THAT ZONE. UM I'M NOT SURE WOULD YOU LIKE I MEAN I WAS. SO WE WERE ASKED ABOUT THIS AS WELL. UM AND SO AT THE COUNCIL MEETING THE MINUTES STATE THAT, UM MR DAVIES ASKED FOR CONFIRMATION THAT THE ENTIRE EAST AND WEST HOMES WOULD HAVE EASTMAN'S BEHIND THEM FOR DRAINAGE. UH MR AARON UNDERHILL CONFIRM THAT THAT WAS CORRECT. HOWEVER IN THE FINAL DEVELOPMENT PLAN, THE HOMES ON THE WEST SIDE DO NOT HAVE THOSE RURI MEN SO AND THAT'S BECAUSE THE ADDITIONAL ENGINEERING THAT HAS TAKEN A PLACE SINCE THEN, SO THE APPLICANT HAS GONE ABOVE AND BEYOND, AND TO MAKE SURE THERE WAS NO, UM, INFRASTRUCTURE FOR DRAINAGE, LIKE UNDERGROUND PIPES THAT WOULD POSSIBLY IMPACT THE TREES. THOSE HAVE BEEN MOVED TO THE FRONT OF THE HOMES. UM SO THAT ALL AS WE'VE HEARD TODAY, SO THAT ALL STORM WATER IS HANDLED IN FRONT OF THE HOUSE.

SO THESE WILL BE ADDED AT FINAL FINAL PLAT. YEAH. SO PRELIMINARY PLAT. THAT'S OUT WHAT WE KNOW TODAY. PRELIMINARILY BASED ON THE ENGINEERING WITH THE FINAL DEVELOPMENT PLAN, THE FINAL DEVELOPMENT PLAN WILL SET THE FINAL EASEMENTS BASED ON THE FINAL ENGINEERING FOR THE SITE, AND YOU'RE GOOD WITH THAT AS A CONDITION. I THINK WHAT STEVE WAS SAYING, THOUGH, IS WHEN THAT COMMITMENT WAS MADE. WE HAD THE DRAINAGE EASEMENT IN THE REAR OF THE LOTS. NOW WE DON'T THEY'RE IN THE FRONT, SO THE EASEMENT IS NO LONGER NECESSARY. BASED ON ENGINEERING BECAUSE BECAUSE OF THE WHOLE WHAT TRISH SAID ABOUT EVERYTHING DRAINING TO THE FRONT AND GOING OUT TO THE STREET INSTEAD OF THE REAR. THAT WAS THE EASEMENT THAT WAS BEING REFERENCED WAS A DRAINAGE EASEMENT THAT IS NO LONGER NECESSARY ON THE WEST SIDE. GOT IT, OK? ALTHOUGH THE DRAINAGE MENT DOES SERVE A SECOND PURPOSE BESIDES DRAINAGE THAT'S FOR US. GO AHEAD. SO I JUST KIND OF REITERATE TO HIM RIGHT? SO THERE'S A REASON WHY I'VE BEEN FOCUSED ON EASEMENTS BECAUSE IN THE IPOD DOCUMENT, THERE'S A STRUCTURE AROUND PROTECTIONS WHEN YOU HAVE AN EASEMENT, AND SO WE HAVE THE APPLICANT WE BELIEVE AS MR ME HAS CONFIRMED, RIGHT IN THE MINUTES. WE HAVE THIS COMMUNICATION. AND IT'S CONFIRMED. WE'RE GOING TO HAVE AN EASEMENT. IT CAN BE AN EASEMENT FOR ANYTHING. BUT I'M SAYING THAT I PUT A DOCUMENT GIVES THE WESTERN BOUNDARY SOME PROTECTIONS WHEN YOU HAVE THAT EASEMENT WHAT WE'RE ASKING FOR IT TO CONTAIN. BUT IT'S NOW OR LATER. SO UM, WE'VE TALKED A LOT ABOUT TREES. NINE. WE HAVE SAVED A LOT OF TREES WITH THE, UH, THE TREE PRESERVATION DISTRICT OR ZONE. UM BUT WE'RE GONNA LOSE A COUPLE THAT I REALLY WOULD LIKE TO KNOW WHY, UM SO NUMBER 3 33 33 2 OF OUR ANCIENT CITIZENS HERE, UM 3330 THREES ESTIMATED

[01:50:01]

SO THE FIRST QUESTION UM WAS, HOW IS THIS STREAM? GONNA HANDLE THE ADDITIONAL FLOW FROM THE NORTH? END OF THE DEVELOPMENT? UM ADDITIONAL FLOW IS NOT INUNDATING THE ST UM. WHAT IS NATURALLY COMING FROM THE WETLAND. EVERYTHING THAT IS COMING FROM THE EAST IS GOING TO THE STREAM. WE ARE JUST GOING AHEAD AND GIVING IT THAT UNDULATING. UM CHANNEL TO HELP PROMOTE IT TO GET THERE FOR THE PUBLIC SAFETY OF THE LOTS AND THE DEVELOPMENT. UM AND THEN WE ARE NOT WITH OUR BASIN, UM, INCREASING ANY OF THE FLOW RATES THAT ARE GOING TO THE STREAM ITSELF. IT IS GONNA BE CONTROLLED WITH AN OUTLET STRUCTURE, AND IT WILL MEET THE TWO YEAR FIVE YEAR 10 YEAR 25 YEAR ALL THE WAY UP TO THE 100 YEAR EVENTS THAT ARE REQUIRED PER THE UM CITY CODE. SO. TIDE WATER IS GOING TO END UP WITH THEIR SAME AMOUNT THAT THEY SEE TODAY WHILE IT MAY GET TO THE STREAM IN A DIFFERENT FASHION BECAUSE WE'RE PUTTING A STORMWATER BASIN, BUT WE ARE ACTUALLY GOING TO HOLD BACK THAT DETENTION TO THE 100 YEARS, SO IT ACTUALLY DOES MAKE IT PROBABLY A BETTER SITUATION THAN IT ACTUALLY IS TODAY. SAME WATER DIFFERENT FLOW RATE. BINGO. YES. OK? WELL, THANK YOU. WELL, I SEE. YEAH, IN THE, UH. THE

[01:55:09]

[02:00:03]

THAT'S ALL I HAVE. THANK YOU. THANK YOU. X. I'D LIKE TO PROPOSE A 10 MINUTE BREAK BECAUSE WE'VE BEEN DOING THIS FOR TWO HOURS AND CHANGE. I DO HAVE ONE MORE SPEAKER CARD JUST SO THAT CHAIRMAN IS AWARE, UM OK, WE'LL ROLL ONE MORE OK? UH, SAMANTHA RUFO. OK? ME. SAMANTHA RUFFO 9175 LEE HALL COURT, ALSO PRESIDENT OF THE TIDEWATER HOMEOWNERS ASSOCIATION. AND UM, IT THREE REQUESTS AND THREE QUESTIONS. I'M NOT GOING TO BE VERY LONG. I DO WANT TO REMIND YOU OF THE NEW ALBANY MOTTO OF COMMUNITY, CONEXUS AND TIDEWATER IS NOT CONNECTED. YOU KNOW, WE'RE KIND OF AN ISLAND OUT ON OUR OWN. SO FIRST REQUEST IS TO REQUEST A 2024 APPRAISAL OF THE LAND NORTH OF WALNUT. FOR THE PURPOSE OF ESTABLISHING AN ACCEPTABLE NUMBER. UM DAVID JONES ON KLAUS IN THE OCTOBER MEETING, STATED HE PAID $45,000 AN ACRE FOR HIS LAND 20 YEARS AGO. PART. TWO OF THIS REQUEST IS TO RECOMMEND THAT THE COUNCIL OR REC, RECOMMEND TO THE COUNCIL THAT YOU KNOW THEY PAY FAIR MARKET VALUE FOR THIS LAND. SECOND REQUEST IS, WOULD YOU CONSIDER ADDING THE CONDITION THAT THE CITY HIRE A THIRD PARTY TO CREATE A REVISED STORM WATER PLAN WHERE ALBANY IS KNOWN FOR DRAINAGE ISSUES? AND WITH THE 17 ACRE POND ADJACENT TO THIS DEVELOPMENT, IT'S IMPERATIVE THAT WE DON'T CREATE ISSUES FOR OUR NEIGHBORS IN FAVOR OF A DEVELOPER. REQUEST. CAN I URGE THE COMMISSION TO REQUIRE AS A CONDITION OF APPROVAL? PROPER WELL TESTS AND CERTIFICATIONS ARE CONDUCTED. SIDE NOTE IT REALLY THINK ABOUT UNTIL TONIGHT . TIDEWATER HAS PRETTY GOOD SIZED POND. THE POND NOT ONLY HAS ALL OF OUR FISH BUT, UM IT IT'S OUR WATER FOR OUR IRRIGATION FOR THE WHOLE NEIGHBORHOOD. ALL THE COMMON AREAS. SO NOT SURE IF THAT'S DRYING UP. I DON'T KNOW WHAT'S GOING ON WITH THAT. PROBABLY NEED TO GO GET A TEST TO MAKE SURE OK, NOW MY QUESTIONS. SO IF INTEL COMPETE COMPLETES IN 2026, SHOULD THE TURN LANE BE IN PLACE BEFORE THEN. WE ALREADY HAVE A CRAZY AMOUNT OF TRAFFIC ON CENTRAL COLLEGE. HENCE WHY WE'VE NOW STARTED PUTTING PRIVACY TREES ALONG CENTRAL COLLEGE IN TIDEWATER TO TRY TO REDUCE SOME OF THE NOISE AND THAT TRAFFIC COMING INTO THE NEIGHBORHOOD.

AND THEN THE OTHER QUESTION I HAD IS WHAT PHASE OF THE PARKS COMING IN. IS THAT IN THE FIRST PHASE, UM YOU KNOW, THIS SIDE OF NEW ALBANY SHOULDN'T BE UH, LESS IMPORTANT THAN, SAY THE COUNTRY CLUB AREAS WHEN IT COMES TO PARKS AND COMMON AREA SPACE. AND THEN THE OTHER QUESTION. FINAL ONE IS, UM HOW WILL THE PUBLIC AREAS THE GREEN SPACE HERE BE ACCESSIBLE SPECIFICALLY BEHIND

[02:05:01]

THIS WAS A DISCUSSION WHEN THE PREVIOUS MEETINGS WE AGREED TO SLIDE. THE HOMES TO THE WEST.

AND SO WE HAVE TWO ACCESS POINTS AT EACH OF THE CORNERS. ON EITHER SIDE OF THOSE FOUR LOTS.

ALLOWS CONNECTION TO THE SIDEWALK AND A SITTING AREA THAT OVERLOOKED THE OPEN SPACE. OK POINTER WITH THAT. THERE. THAT THERE. AND THESE WERE ORIGINALLY ALL THE WAY UP. THEY ASKED US TO SLIDE THEM DOWN TO GIVE A VISIBILITY ACCESS HERE AND THEN WE HAVE THE ACCESS THERE AS WELL. IS THERE ANY KIND OF WALKABLE OR HINT THAT IT'S A WALKING THAT YOU COULD WALK BACK THERE? BESIDES THOSE? WE DID KNOW, WE THOUGHT IT WAS BETTER HAVE AN OVERLOOK FOR THE KEEP.

OK? ALL RIGHT. ANY QUESTIONS FROM COMMISSION MEMBERS. SHOULD WE TAKE A BREAK? JUST JUST REAL QUICK. WE KEEP GETTING STUCK ON THIS $50,000 FIGURE. UM AND THIS GENTLEMAN'S POINT. YEAH. IF THE PERSON WHO'S GETTING THE APPRAISAL TYPICALLY IS PAYING FOR THE APPRAISAL TYPICALLY MAYBE A LITTLE BIT OF A BENEFIT. I YOU. YOU COULD PROBABLY ARGUE. SO AS A CITY DOES IT MAKE SENSE TO GET OUR OWN INDEPENDENT APPRAISAL? TO JUST SEE WHAT THAT NUMBER IS. SO THERE IS A PROCESS WITHIN THE CODE WHEN IT TALKS ABOUT THE FEE IN LIEU OF AND WHEN IT'S PRESENTED TO COUNCIL IF COUNCIL HAS CONCERNS OR ISSUES WITH THE WITH THE APPRAISAL, THERE'S A MECHANISM IN PLACE THAT THE CITY CAN, UH, RETAIN SOMEONE TO DO AN APPRAISAL FOR THE SITE. SO THERE IS A PROCESS IN PLACE. I'M NOT SURE PLANNING COMMISSION THE RIGHT SPOT FOR THAT, BUT THERE IS A PROCESS IN PLACE, AND I KNOW THERE'S BEEN A LOT OF QUESTIONS ABOUT THE FEE IN LIEU OF, BUT IT'S AN 1165 10 OF THE CODIFIED ORDINANCES. IF ANYBODY WANTS TO LOOK AT THAT. BUT COUNCIL CAN CORRECT AN INDEPENDENT APPRAISAL. THANK YOU. AND WE COULD RECOMMEND THE COUNCIL, BUT IT'S COUNCILS. YEAH, YEAH, THAT'S RIGHT. OK? OTHER QUESTION BEFORE WE BREAK.

I HAVE ONE QUICK QUESTION. AND I REMEMBER THERE WAS SOME DISCUSSION WHEN WE APPROVED THE, UM ABOUT A BARN THAT WAS ON THE PROPERTY AND WHETHER IT COULD BE SALVAGED. NOT JUST WAS CURIOUS.

WHAT HAPPENED WITH THAT? YES, WE DID TALK TO OUR CITY ADMINISTRATION DEPARTMENT ABOUT IF WE COULD, YOU KNOW IF THEY COULD THINK OF ANY PLACE FOR US TO REUSE THAT BARN. WE COULDN'T DETERMINE AAA PLACE WHERE IT COULD BE BENEFICIAL. WE ACTUALLY , UH, CITY TORE DOWN THE BAR IN A TAYLOR FARM. UM SO AT THIS TIME, YEAH. THE CITY DOESN'T SEE ANY, UM AND REUSE OF THAT BARN, UM, ON CITY PROPERTY. ALL RIGHT. LET'S TAKE A 10 M ONE ALL BIKES ARE LIVE. ALL MICS ARE LYING LIKE HIS STAFF READY. IS THE COMMISSION READY? ALL RIGHT, SHALL WE BRING IT BACK TO ORDER.

YEAH. UH, WE HAD A PILE OF SPEAKER CARDS. WAS THERE ANYONE WHO HAD SOMETHING NEW. THEY WANTED TO ASK FROM THE AUDIENCE TO COME TO MY NAME AND ADDRESS AND ASK YOU A QUESTION, PLEASE.

MY NAME IS TAMARA DAVIES. I WAS UP HERE BEFORE, AND MY CONCERN IS THAT MR UNDERHILL SAID THAT WE'RE THROUGH THE ZONING. SO EVEN THOUGH NOW WE'RE LEARNING BECAUSE NOW WE HAVE THE MASTER GRADING PLAN THAT LOT 102 IS GONNA SKY ABOVE THE PROPERTY NEXT TO IT. IT DOESN'T MATTER BECAUSE THEY ALREADY GOT IT THROUGH ZONING. SOMEONE NEW. THAT THEY'RE GOING TO HAVE TO RAISE THIS, AND THAT KIND OF INFORMATION WASN'T AVAILABLE TO US DURING THE ZONING PROCESS.

AND WE KNOW HOW IPODS WORK. WHATEVER IS IN THE IPOD IS WHATEVER THE ZONING IS. SO I FEEL LIKE A LITTLE BIT LIKE A SLAP IN THE FACE BAIT AND SWITCH. WHATEVER THAT. WE DIDN'T KNOW THIS AT THE TIME SO WE COULD DISCUSS IT. AND THAT'S ALL I HAVE TO SAY. OK? UM IF I CAN CALL YOU BACK TO THE MIC YOU YOUR LOT IS WHAT WAS DIRECTION TO WHAT THE QUESTION IS, ACCORDING TO THE. THE IPAD RULING THE IPAD, UM CODE THE BILLING HEIGHT OF ALL STRUCTURES WITH REGARD TO THEIR VISUAL IMPACT ON ADJACENT FACILITIES SHOULD BE CONSIDERED. IN THE ZONING, BUT WE DID NOT KNOW AT THE TIME. THAT WE DIDN'T HAVE THAT FINAL GRADING PLAN THAT IT

[02:10:08]

ABOVE THE PROPERTY LINE OVER THERE. SO IF THEY LOOK AROUND, THEY SAY, LIKE, WOW, THIS ROAD SITTING LIKE 7 FT ABOVE MY PROPERTY, AND IT'S SAYS IT'S GONNA COME THIS DIRECTION. HOW WOULD A POTENTIAL BUYER SEE THAT? UM. YOU KNOW THAT THAT LIKE I SAID, IT'S JUST NEGATIVELY IMPACTING THAT PROPERTY. AND WE DID NOT KNOW THIS WHEN IT WAS TIME FOR ZONING. UM PLEASE CHECK WITH THE DEVELOPER. THEY MAY WANT TO OFFER YOU SOMETHING OR NOT I. I HAVE CANNOT DEMAND. UM BUT IT WOULD GIVE THEM SOMETHING TO PUT IN FRONT OF COUNSEL TO SAY.

HERE'S HOW WE'RE MITIGATING THE IMPACT WITH OUR NEIGHBORS. UM, BUT THAT WOULD HAVE TO BE SOMETHING THAT YOU WOULD FIND. DESIRABLE AND ACCEPTABLE. VEGETATION TYPICALLY IS ONE OF THOSE THINGS THAT, UH, FOR EXAMPLE, AND THEY'VE SCREENED HEADLIGHTS. FOR IN IN OTHER DEVELOPMENTS FAR AWAY WHERE THEY HAD A DRIVEWAY THAT T THEY'VE DONE THINGS LIKE, ASK SOMEONE ON THE OTHER SIDE. CAN WE PUT ON THE SCREENING ON YOUR SIDE? UM BECAUSE WE WERE PARTICULARLY WHEN THEY'RE STUCK DOING IT. IT'S A LOT EASIER FOR THEM WHEN THEY'RE NOT STUCK DOING IT TO A DIFFERENT ANSWER. YOU KNOW IF WE'RE TALKING ABOUT SCREENING, THE HOME IS UP HERE. I MEAN, HOW ARE YOU GONNA SCREEN THAT AT 7? FT IT'S NO BIGGER THAN A TWO STORY HOUSE. YEAH I MEAN, THAT'S A ONE STORY HOUSE SO THAT I SO THERE'S 7 FT. AND THEN ON TOP OF THAT, 7 FT. A HOUSE THAT'S 1.5 STORIES TALL, SO I DON'T KNOW HOW YOU SCREEN THAT YOU YOU'RE LOOKING UP IN THE SKY, BASICALLY , AND YOU KNOW, WHEN THE TREES ARE IN BLOOM, IT'S PROBABLY BE LESS NOTICEABLE. BUT WHEN THEY'RE NOT, I MEAN, YOU CAN'T PUT SOME BUSHES IN AND HIDE THAT. THANK YOU. ANY OTHERS. I HAVE A COUPLE QUESTIONS ABOUT THE PONDS. SO I'D LIKE TO UNDERSTAND. HOW THAT EXTRA PARK ACREAGE WHERE THAT CAME FROM AND HOW THAT WAS ACHIEVED. SO I GUESS MY QUESTION IS, ARE THOSE PONDS NOW DEEPER? IS THAT IS THAT HOW THAT WAS ACHIEVED BECAUSE WE WENT FROM 3.6. TO ONE ACRE. DEFICIT FROM THE PARKLAND. THE REARRANGING OF THE HOUSE HAS BEEN PART OF IT. BUT THOSE HOUSE LOTS ARE BIGGER THAN THEY WERE ON. THE WEST SIDE. I'LL LET THE APPLICANT GO FROM THERE. AS WE'VE CONTINUED TO REFINE THE. AS WE CONTINUED TO REFINE THE SITE PLAN. WE HAVE BEEN TAKING MORE, UM, ENGINEERING REVIEW OF THE STORMWATER BASINS. THEY HAVE NOT. UM THEY WE'VE TIGHTENED THEM DOWN. AND ACTUALLY, WE'VE BROUGHT THEN SINCE THE NORMAL POOL HAS BEEN BROUGHT DOWN AND THE 100 YEAR WATER ELEVATION. THE SURFACE AREA OF IT HAS BEEN BROUGHT DOWN. UM AND PER THE CITY CODE. UM WE WERE ABLE TO GAIN MORE OF THE OPEN SPACE. THAT'S ALLOWABLE. UM AND WE WERE ABLE TO LOWER SOME OF THE BASINS EVEN FURTHER, WHICH HELPED WITH THAT AS WELL. SO WE STARTED WITH A BIGGER FOOTPRINT BECAUSE IN ZONING YOU DON'T KNOW NECESSARILY ALL OF THE ENGINEERING YET AND WE STILL AREN'T DONE WITH ALL OF THE ENGINEERING, BUT WE KEEP REFINING IT DOWN FURTHER AND FURTHER AND FURTHER AND SO WE'VE BEEN ABLE TO REDUCE THE

[02:15:05]

YEAH. WHAT STEVE, WHAT'S WHAT HAPPENS IF THEY DO AN INDEPENDENT APPRAISAL AND WE COME BACK ARTIST. THE CITIES THAT COMES BACK HIGHER THAN WHAT'S THE NEGOTIATION PROCESS.

I BELIEVE IT'S JUST ULTIMATELY A CITY COUNCIL'S DETERMINATION ON WHAT THE FINAL SPEED PAYMENT AMOUNT IS. YEAH. AND I. I WOULD ALSO SUGGEST THE COUNCIL TO THE CHECK THE RECORDS FOR THE LAST TIME THEY BOUGHT AN ACRE OF LAND TO FIND OUT WHAT ACTUALLY GOT PAID AND HAD IT BE NO LESS THAN

[02:20:04]

WHERE THE I DON'T KNOW THE CONSERVATION ZONES DO OR NOT. WELL JUST WHEN YOU KNOW THE DEED, THE DEED WOULD RE REFLECT THAT. LOT NUMBER THAT YOU'RE BUYING AND REFER TO THAT PLAT. I THINK THE BEST PLACE FOR IT IS ON THE FINAL PLAT BECAUSE EVERYONE CAN LOOK AT IT AND JUST SEE THE DRAWING. DON'T HAVE TO READ ANYTHING. UM SO I. I WOULD SAY TO THE EXTENT IT SOUNDS LIKE IT'S ON THERE ALREADY, BUT THEY WOULD KNOW I WOULDN'T. BUT IF YOU WANT TO CONDITION THE PRELIMINARY PLAT ON THERE BEING A TREE PRESERVATION EASEMENT IN THOSE AREAS UM, YOU KNOW, ON THE FINAL PLAN, WE CAN AGREE TO THAT. JUST FOR PLANNING COMMISSIONS TO TERM OR, UH, CONSIDERATION, SO EASEMENTS AREN'T USED AS ENFORCEMENT MECHANISMS, SO EASEMENTS ACTUALLY ALLOW OR GIVE PERMISSION FOR SOMEBODY ELSE TO DO SOMETHING ON SOMEBODY'S PROPERTY. SO ESSENTIALLY, ALL EASEMENT DOES IS GIVE ACCESS. I THINK, UM, AND SO THERE'S LOTS OF DIFFERENT TYPES OF EASEMENTS. NOT ALL THE SAME. RIGHT. YOU KNOW, THERE'S JUST PUBLIC ACCESS EASEMENTS, CROSS ACCESS EASEMENTS. JUST GENERAL UTILITY EASEMENTS RIGHT THAT FOR YOUR CABLE AND YOUR INTERNET PROVIDERS, AND THEN THERE'S ALSO STORM WATER EASEMENTS AND THOSE ARE ITEMS THAT CAN HAVE EITHER ABOVE GROUND. UH LIKE DITCHES AND SWALES OR UNDERGROUND. UM UH, UTILITIES, AND SO THE PLANNING COMMISSION IN THE PAST IS ACTUALLY REQUIRED THAT DEVELOPERS REMOVE EASEMENTS OUT OF TREE PRESERVATION ZONES TO ENSURE THAT DURING THE INSTALLATION OF THOSE UTILITIES THAT THOSE TREES, UM AREN'T IMPACTED. I THINK THAT WAS THE SPIRIT AND THE INTENT, UM, EARLIER IN OR IN BY THE DEVELOPER TODAY TO MOVE THOSE EASEMENTS FROM THE RE THE PROPERTIES. UH UH. IT DOES HELP TO ENSURE THAT THOSE TREES YEAH, AREN'T IMPACTED BY GETTING INTO THE ROOT ZONE FOR THOSE UNDERGROUND UTILITIES OR ABOVE GROUND. THE POINT I WAS GETTING TOWARDS WAS THE INTERACTION OF THE EASEMENT WITH THE ZONING TEXT, UH, THAT HAD BEEN SAID BEFORE MY UNDERSTANDING. WHAT I'VE SEEN IS THAT THE PLAT DOES IF THERE'S A TREE PRESERVATION ZONE OR OTHER TYPE OF UTILITIES THAT DOES SHOW UP THAT DOES GET RECORDED. UM WE DO SEE THAT WITH THOSE, UM I MEAN, ANY TYPE OF, UH, PERMIT THAT COMES FOR CONSTRUCTION FOR NEW HOMES. THOSE ARE ALL SHOWN ON THE LOT OF RECORD IN THAT SLATE PLAN. OK BUT BASICALLY WE HAVE AN ENFORCEMENT MECHANISM WITH THE WITH THE POINT WITH THE PLAN AND ONE OTHER THING IN THE ZONING. WE HAD, UM, COMMITTED TO, UM, SIGNING THAT TREE PRESERVATION ZONE SO THERE WILL BE SIGNPOSTS TO ALSO DEMARCATE THAT LINE. YES SO, FOR EXAMPLE, IN THE NORTH, WE'LL SEE THE DIFFERENCE BETWEEN THE 15 FT OF MANICURED SPRAYED GRASS AND THE WILD, UNSPENT GRASS WILL BE VERY CLEAR. YES, OK. SO THAT WAS EASEMENT. UM WE'VE HEARD. ON THE LEFT TURN LINE. WE'VE HEARD EVERYTHING FROM PLEASE DON'T PUT IT IN TO, UM, PUT IT IN NOW, AND WE TALKED ABOUT THE THEY'D ASKED FOR A SLIGHT DELAY ON IT THREE YEARS OR 100 AND FIVE UNITS. OK? UM LET ME THE. DO WE HAVE A STREET NAME FOR MCCLELLAN? YES. SO. BECAUSE THEY'RE SUPPOSED TO GO ON PLATS, RIGHT? YEAH LIKE I SAID, THE SO THE FINAL STREET NAME PROPOSALS WILL COME WITH THE FINAL PLAT OF THE PLANNING COMMISSION AND THEN CITY COUNCIL WILL REVIEW OH, SO IT DOESN'T NEED TO BE ON THE PRELIMINARY UH, IT DOES NOT NEED TO BE. UM IT IS. IT DOES NEED TO BE ON THE

[02:25:04]

ITEM FOUR. WE'VE GOT A SEPARATE CONDITION FOR ON THE 42 KFW, UH, OPEN SPACE CONSIDERATION. THE INCREASED OPEN SPACE. WITH ADJACENT PROPERTY TO THE NORTH. UM IS THAT HANDLED? UH, CONDITIONS. OH, OK. THEY, UM SO THERE'S BEEN AGREED. TO I'M LOOKING AT THE FRONT FRONT PAGE OF THE STAFF REPORT FOR THE FINAL DEVELOPMENT PLAN. YOU THE BOTTOM. IT'S PARKS AND TRAILS ADVISORY BOARD FOR THINGS THEY HAD TALKED ABOUT. ANY DISAGREEMENT HERE. SHE. WHEN WE INCREASE THE OPEN SPACE, CERTAINLY OK? I WHAT 2.3 ACRES. HAS BEEN HANDLED. THREE AND FOUR, HANDLED ELSEWHERE. THE SO THE FINAL DEVELOPMENT PLAN ITSELF HANDLES THREE UM. AND YOU DON'T HAVE ANY PROBLEM WITH, UH, LEISURE TRAIL PATHS UP TO STAFF APPROVAL, CORRECT AND OPEN SPACE TO BE INSTALLED AS PART OF THE OVERALL WITH THE INFRASTRUCTURE. YES, THAT'S GOOD. 12. ONE A 1.1.

WE KNOW DRAINAGE IS AN ISSUE. UM . ONE OF MY OTHER CONDITIONS I WOULD ADD WAS A SUGGESTION TO WORK WITH THE NEIGHBOR IS TO FIND APPROPRIATE SCREENING AND OTHER WAYS TO REDUCE THE IMPACT.

TO THE HOUSE. UH, NEIGHBORS WILL YES. SO DON'T BRING THAT TO COUNCILS. ALL RIGHT. IS THERE A PARTICULAR ORDER REQUIRED BETWEEN THE FINAL DEVELOPMENT PLAN AND THE PLANT? OR JUST IN ORDER THERE IN OUR AGENDA. I'M SORRY. SAY THAT AGAIN. DO WE NEED A PARTICULAR ORDER FOR THE MOTIONS? OH I GUESS I WOULD RECOMMEND FINAL DEVELOPMENT PLAN FIRST AND PRELIMINARY PLOT SECOND. ALL THE CONDITIONS OF THE FINAL ENROLMENT IN THE FINAL . OH, YEAH, IN THE DEVELOPMENT PLAN, WHERE THERE'S NO ADDITIONAL CONDITIONS FOR THE PRELIMINARY. NOT THAT I HEARD AND OR RECORDED JUST OK? DO WE HAVE AN ACCOUNTING OF THE ADDITIONAL DOCUMENTATION WE'VE BEEN PRESENTED TO TONIGHT? IS EVERYONE CLEAR ON WHAT THAT WOULD BE. YES. OK? I MOVED TO ACCEPT THE STAFF REPORTS AND RELATED DOCUMENTS INTO THE RECORD FOR FINAL DEVELOPMENT PLAN 87 2023, INCLUDING THINGS THAT HAVE BEEN PASSED OUT TO US TONIGHT, AND THE, UM POWERPOINT PRESENTATION. YES, INCLUDING OURS. DO YOU A SECOND ON THE DOCUMENTS MOTION? SECOND A DISCUSSION ON THE DOCUMENTS. HEAR THE ROLL, PLEASE, MR KIRBY. YES, MR WALLACE. MR. LARSON? YES, MRS YES. THE MOTION PASSES WITH FOUR VOTES TO ADMIT THE DOCUMENTS, INCLUDING THE ITEMS SUBMITTED BY THE APPLICANT AND THE TWO POWERPOINT PRESENTATIONS. THANK YOU. I MOVE FOR APPROVAL F ABOUT PLAN 87 2023. UNLESS SOMEONE ELSE WANTS TO MAKE THE MOTION. I DIDN'T YOU'RE BETTER OFF CONDITION. SUBJECTS OF THE EIGHT CONDITIONS IN THE STAFF REPORT AND ADDITIONAL CONDITIONS. NINE. COS UH, APPRAISE FOR VALUE AND IT'S, UH, OUR GUIDANCE IS NO LESS THAN THE LAST PURCHASE THEY MADE. FOR PARKING LAND. UM 10 PARKS AND TRAILS ITEMS ONE AND TWO. FROM THE FRONT OF THE STAFF REPORT ON OPEN SPACE. AND LEISURE PATH. 11 WORK WITH THE NEIGHBORS ON ACCEPTABLE SCREENING. DO I HEAR A SECOND? SECOND. A DISCUSSION ON THE MOTION OF THE

[02:30:02]

THEY'VE DONE A LOT OF GOOD WORK. YOU'VE INCREASED OPEN SPACE. YOU'VE BROKEN UP THE LONG LINES.

I. I THINK YOU'VE DONE A LOT OF GOOD WORK. THE ONE THING THAT I JUST I'M STRUGGLING WITH ARE THE FOUR LINES OF THE NORTH PROPERTY LINE AND HOW THEY BLOCK THE OPEN SPACE. THEY ARE. I DON'T THINK THEY IMPROVE. DEVELOPMENT. I ACTUALLY THINK THEY DETERIORATED AND TAKE AWAY FROM IT, AND THAT'S ONE OF THE INTENTIONS OF THE SPARS TO IMPROVE UPON THAT. I THINK ONE OF THE REASONS WE HAVE THE OPEN SPACE REQUIREMENT, AND I KNOW THAT YOU CAN CHANGE THAT IN THE PUD. BUT IN THIS PARTICULAR THING, I DON'T THINK IT ACTUALLY HELPS TO IMPROVE YOUR YOU BECOME TURN LA AS PART OF ONE GOT YOU. OK? BRINGS US TO THE PRELIMINARY PLAT. I MOVE FOR ACCEPTANCE OF THE STAFF, OF COURSE DOCUMENTS IN THE RECORD PRELIMINARY FLAT. 09 OF 2024. TO HEAR A SECOND ON THE DOCUMENTS MOTION. IN DISCUSSION ON THE DOCUMENTS. PLEASE. MR KIRBY. YES MR WALLACE? YES MR SHELL? YES, MR LARSON? NO. ON THE DOCUMENTS. YES, SORRY THAT I WAS GETTING AHEAD OF MYSELF AND YOU KNOW, IT'S EASY TO DO THE MOTION PASSES WITH FOUR VOTES TO ADMIT THE DOCUMENTS. DO I HEAR A MOTION ON THE PRELIMINARY PLAN ITSELF? MOVE FOR APPROVAL. UM APPLICATION PPOO 09 2024. BASED ON THE FINDINGS AND THE STAFF REPORT AND INCLUDING THE CONDITIONS LISTED IN THE STAFF REPORT, SUBJECT TO STAFF APPROVAL. WAIT HERE A SECOND. SECOND. IN DISCUSSION ON THE MOTION. CAN HEAR THE MR WALLACE. YES, MR SHELL. YES, MR LARSON. MR KIRBY. YES. THE MOTION PASSES WITH THREE VOTES IN FAVOR AND WON'T VOTE AGAINST A PRELIMINARY 009 2024 IN MY NOT JUST TO CLARIFY FOR THE SAME REASON IN THE FINAL BELL PLAN. IT SHOWS THE BEFORE LAST THAT I WAS ARE

[02:35:02]

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