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[I. Call to order]

[00:00:02]

YOU. THIS. YOU'RE GOOD. I'LL SIT OVER HERE. I'D LIKE TO CALL TO ORDER THE PLANNING COMMISSION MEETING FOR MONDAY, AUGUST 19TH. CAN I HEAR THE ROLL, PLEASE? MR. KIRBY? PRESENT. MR. WALLACE.

PRESENT MR. SHELL. PRESENT. MISS BRIGGS. MR. LARSON. PRESENT COUNCIL MEMBER. WILTROUT.

PRESENT THERE ARE FOUR VOTING MEMBERS PRESENT. WE HAVE A QUORUM. THANK YOU. ARE THERE ANY

[III. Action on minutes: August 5, 2024]

CORRECTIONS TO THE MINUTES FROM AUGUST 25TH? I HAVE NONE. NO CHANGES HERE. NONE FROM ME? NO.

DO I HEAR A MOTION ON THE MINUTES FROM AUGUST 25TH? MOVED TO APPROVE THE MINUTES FROM THE AUGUST 5TH, 2024 MEETING AS SUBMITTED. DO I HEAR A SECOND? I'LL SECOND. ANY DISCUSSION ON THE MOTION? OKAY. THE ROLL PLEASE. MR. WALLACE. YES. MR. LARSON? YES. MR. SHELL. YES. MR. KIRBY. YES. MOTION PASSES. THERE ARE FOUR VOTES TO APPROVE THE MINUTES AS SUBMITTED. DO WE HAVE ANY ADDITIONS OR CORRECTIONS TO THE AGENDA TONIGHT? NONE FROM STAFF. OKAY WOULD EVERYONE WISHING TO ADDRESS THE COMMISSION TONIGHT PLEASE RISE. ALL RIGHT. DO YOU SWEAR TO TELL THE TRUTH AND NOTHING BUT THE TRUTH? THANK YOU. AND NOW IS A GREAT TIME TO PUT YOUR PHONES ON SILENT. ITEM FIVE. HEARING A VISITOR IS FOR ITEMS THAT ARE NOT ON TONIGHT'S AGENDA. DO WE HAVE ANY SUCH VISITORS WHO WISH TO ADDRESS THE COMMISSION? HEARING NONE. THAT TAKES US TO

[VI. Cases]

OUR CASES. OUR FIRST CASE IS FINAL DEVELOPMENT MODIFICATION O EIGHT 2024. CAN WE HEAR FROM STAFF, PLEASE? THANK YOU CHAIR. GOOD EVENING EVERYONE. THE FINAL DEVELOPMENT PLAN INCLUDES JUST A PORTION OF THE EXISTING GOLF COURSE SITE THAT CONTAINS THE DRIVING RANGE, WHICH IS ABOUT TEN ACRES. IT IS LOCATED WITHIN THE NEW ALBANY LINK SUBDIVISION AND IS LOCATED WEST ALONG US 62 JOHNSTOWN ROAD AND THERE'S A CHURCH ON THE SOUTH SIDE AND A RESIDENTIAL HOME ON THE NORTH SIDE OF THE DRIVING RANGE. IT SHOULD BE NOTED THAT THERE ARE NO ACCESS, PARKING, OR ARCHITECTURAL CHANGES TO THE SITE. THIS IS SPECIFICALLY FOR THE SITE LAYOUT AND LANDSCAPING.

TODAY, MOST OF THE LANDSCAPE ALONG THE SOUTHERN AND EASTERN PROPERTY LINES WERE REMOVED SINCE 2009. THE ONLY THING THAT REMAINS IS THE 30 FOOT NO MOW BUFFER AREA ALONG THE SOUTHERN PROPERTY LINE. THE LANDSCAPING WAS INCLUDED IN THE 2009 FINAL DEVELOPMENT PLAN APPROVAL. DUE TO THE REMOVAL OF THE LANDSCAPE AND A FINAL DEVELOPMENT PLAN, MODIFICATION WAS REQUIRED. THE APPLICANT IS PROPOSING THE FOLLOWING. THE DRIVING RANGE WILL NOW REQUIRE ALL GOLFERS TO USE SHORT IRON GOLF CLUBS ON THE PHYSICAL RANGE TO PREVENT LONG DISTANCE SHOTS. THE CITY STAFF RECOMMENDS THAT LIMITED FLIGHT GOLF BALLS ARE REQUIRED AS PART OF THE CONDITIONAL APPROVAL. THE APPLICANT PROPOSES THE CENTRALIZATION OF THE RANGE TARGETS, SO THE FAIRWAY IS EQUALLY SPACED BETWEEN THE NORTH AND SOUTHERN PROPERTY LINES, WITH THE MAIN TARGET OF 150 YARDS. THE CITY STAFF ALSO RECOMMENDS STRAIGHTENING THE LOCATION OF THE STRAIGHTENING THE DESIGN OF THE TEES THAT IS OBTUSE. CURRENTLY AND CENTRALIZING IT SO THAT THE GOLFERS ARE FACED TOWARDS THE TARGETS. THE FAIRWAYS IS ENCIRCLED BY SIX MOUNDS WITH LANDSCAPING ON TOP AND THEY SURROUND THE TARGETS. AT THE SOUTHERN PROPERTY LINE THERE ARE SEVERAL TREES ADDED ALONG THE NET AND MOUNDS WITH LANDSCAPE ON TOP. THE ADDITION OF AN A FRAME BOARD SIGNS ADDS THREE SQUARE FEET IS TO WARN GOLFERS THAT THEY ARE LIABLE FOR ERRANT SHOTS. THE USE OF LIMITED FLIGHT GOLF BALLS WILL CONTINUE ACCORDING TO THE STAFF'S RECOMMENDATION, AND THE DRIVING RANGE ITSELF HAS BEEN DESIGNED TO ENCOURAGE GOLFERS TO FOCUS ON HITTING BALLS AWAY FROM THE NEIGHBORING PROPERTY BY CENTRALIZING THE FAIRWAY, ADDING COLORED CENTRAL TARGETS SURROUNDING THE AREA WITH MOUNDS AND LANDSCAPING, AND ADDING ADDITIONAL SCREENING IN FRONT OF THE NET THAT IS LOCATED CLOSEST TO THE SOUTHERN PROPERTY LINE.

SCREENING. THE NET DEEMPHASIZES IT THEREBY MAKING IT LESS DESIRABLE FOR GOLFERS TO AIM AT AND THE CITY STAFF RECOMMENDATIONS ARE INCLUDED ON THE SUMMARY SLIDE. AT THIS TIME, CITY STAFF WILL TAKE QUESTIONS. OKAY, ANY ENGINEERING? NO. ENGINEERING. OKAY IMMEDIATE QUESTIONS FROM THE COMMISSION. BEFORE WE HEAR FROM THE APPLICANT. WE HEAR FROM THE APPLICANT. PLEASE OH, I DO HAVE CHRIS INGRAM, 52 EAST. ONE SECOND. I'VE GOT A QUICK

[00:05:02]

QUESTION. THERE WAS ANOTHER VERSION OF THIS ON THE IN FRONT OF US WHEN WE GOT HERE. IS IT THE SAME AS THE ONE THAT'S IN THE PACKET OR IS IT DIFFERENT? MEMBER. WALLACE. CHRIS INGRAM, 52 EAST K STREET, COLUMBUS, OHIO. I GOT ONE IN THE PACKET, SO I JUST WANT TO I DISTRIBUTED THE ONE IN YOUR RIGHT HAND. IT SHOULD BE THE SAME. THAT'S IN THE PACKET. THERE WE GO. THANK YOU. FOR SAKE OF CONVENIENCE I WANTED TO MAKE SURE TONIGHT WE HAD HARD COPIES IN FRONT OF US.

APPRECIATE SOMETIMES YOU CAN'T SEE THE SCREEN. AGAIN, ON BEHALF OF THE APPLICANT, NEW ALBANY LINKS, WE ARE PLEASED TO BE BEFORE YOU. THIS EVENING WITH AN AMICABLE RESOLUTION TO THE ISSUES THAT. NOW, THIS COMMISSION'S VERY FAMILIAR WITH. YOU CAN SEE, IN FRONT OF YOU WITH THIS AMENDMENT TO THE LANDSCAPING. AND IF I COULD HAVE OUR PRESENTATION MATERIALS, PROJECTED, THAT'D BE GREAT. YES, I KNOW, GO DOWN TO THE EDGE. THAT'S ALL RIGHT. THANK YOU.

MOVING TO THE SECOND SLIDE. THE REVISED PROPOSAL. THAT'S BEFORE THE COMMISSION. THIS EVENING, PROPOSES TO CONVERT THIS TO A SHORT GAME PRACTICE AREA. AND WITH THAT, ESSENTIALLY ANYTHING, ANY CLUB THAT REQUIRES A HEAD COVER WILL BE USED IN A CAGE TYPE SETTING, SIMILAR TO BATTING CAGES. SO, YOU KNOW, THAT'S ANYTHING FROM A, YOU KNOW, YOUR WOODS TO YOUR HYBRIDS. AND FOR ADVANCED GOLFERS PERHAPS GOING TO PRACTICE WITH THEIR LONGER IRONS, THAT WOULD TAKE PLACE AWAY FROM THE RANGE, NEXT SLIDE PLEASE. AND YOU CAN SEE FROM TH, THE SITE PLAN WE'RE PROPOSING TO PLANT 65 FAST GROWING TREES FOR ADDITIONAL SCREENING, AND TO ALSO FOCUS THE GOLFERS ATTENTION TO THE ACTUAL PRACTICE HOLE THAT PRACTICE GREEN, AND ALSO TO IMPROVE THE LONG TERM ESTHETICS.

YOU KNOW, I MENTIONED THIS SEVERAL MONTHS AGO, BUT FOR PURPOSES OF TONIGHT'S RECORD, I DO WANT TO BE CLEAR. THE APPLICANT IS NOT THE ONE WHO REMOVED THE TREES, WE ARE HERE TO FIX THAT ISSUE AND RESOLVE THAT ISSUE. AND, INSTALLING 65 TREES ON EARTH AND MOUNDING TO PROVIDE, AGAIN, THOSE ESTHETIC AND BUFFERING, SOLUTIONS WE BELIEVE WILL ADDRESS THIS PROBLEM. AND AGAIN, I THINK THE SITE PLAN IS WORTH A THOUSAND WORDS, BUT ESSENTIALLY, YOU KNOW, YOU CAN SEE WE HAVE INTENTIONALLY LOCATED THE NEW TREES AND THE MOUNDING TO FOCUS THE EFFORT OR THE GOLFERS VISION. TO THE GREEN, WHICH WILL BE APPROXIMATELY 150 YARDS FROM THE, THE TEEING AREA. WE'RE DEFINING A NEW FAIRWAY, TO AID IN BETTER TARGETING, AND WE ARE PROPOSING TO RECONSTRUCT THE HITTING AREA TO BE CONSISTENT WITH WHAT'S DEPICTED ON THE PLAN SHEET IN FRONT OF YOU. I KNOW IN STAFF'S CONDITION NUMBER FIVE, IT ADDRESSES THE TEEING AREA, AND I WASN'T QUITE SURE WHAT STAFF WAS PROPOSING, BUT THE APPLICANT IS PROPOSING TO HAVE THAT THAT V SHAPE, DEPICTED ON THE PLAN SHEET, AND THAT'S REALLY TO ENCOURAGE, GOLFERS TO HIT DOWN THE MIDDLE OF THE FAIRWAY AND TOWARDS THE TARGET AREAS. AND AS STAFF MENTIONED, THE DRIVING RANGE AREA WOULD BE LIMITED TO SHORT IRONS, ONE THING WITH THAT, WE WOULD NOT SPECIFY SPECIFIC IRONS. SOLELY AND ONLY BECAUSE IT REALLY DEPENDS ON THE GOLFER, SO, FOR EXAMPLE, FOR SOME GOLFERS, 150 YARDS MAY BE PUTTING WEDGE OR PITCHING WEDGES ONLY. FOR OTHER GOLFERS, THAT MIGHT BE A FIVE IRON. IT MIGHT BE A SIX IRON, AND SO I THINK REALLY THE SIMPLE RULE OF THUMB IS IRONS ONLY, AND JUST BY, BY THE NATURE OF THE DESIGN, IT WILL BE OBVIOUS TO

[00:10:04]

GOLFERS WHICH IRONS THEY SHOULD USE IN ADDITION TO THE SIGNAGE AND THE WARNINGS THAT WILL BE PROVIDING TO THE GOLFERS BOTH IN THE PRO SHOP AND THERE ALONG THE, THE DRIVING RANGE AREA.

EXCUSE ME. DOES THAT ALSO APPLY TO GOLFERS WHO MIGHT USE A 7 OR 9? WOULD THAT WOULD ONLY GO 130 YARDS OR 150 YARDS. SO THEY THEY WOULD NOT BE ABLE TO USE THIS FACILITY BECAUSE THEY'RE USING A WOOD, EVEN THOUGH THEY'RE THE WOOD THAT THEY'RE USING ISN'T GOING TO GO MAYBE GO LESS FAR THAN SOMEBODY ELSE'S. AND AN IRON WOULD GO. SO THAT'S A GOOD POINT. MEMBER WALLACE. THE YOU KNOW, I WAS THINKING OF MY DAUGHTER, FOR EXAMPLE, MY DAUGHTER'S, TEN, 11 YEARS OLD AND HER, DRIVER DRIVE, YOU KNOW, LONGEST CLUB IN THE BAG, IS LUCKY TO GO 150 YARDS. AND SO I, YOU KNOW, SHE COULD USE HER HER DRIVE DRIVER AND IT WOULDN'T BE AN ISSUE, BUT, WITH RESPECT TO THE LONGEST IRON IN HER BAG, AGAIN, NOT AN ISSUE, BUT SHE'S NOT GOING TO BE ABLE TO HIT THAT GREEN. THAT'S CORRECT. SO SHE HAS TO GO TO ONE OF THE CAGES THAT WOULD BE OVER WITH WITH THE WITH THE WOOD. THAT'S CORRECT. OKAY THANK YOU FOR CLARIFYING THAT. AND I SHOULD MENTION WITH THIS REDESIGN, WE'VE BEEN WORKING CLOSELY WITH THE LEADERSHIP OF THE CHURCH, ADJACENT TO OUR PROPERTY, AND ARE QUITE PLEASED TO, REACH AN AMICABLE RESOLUTION. AS I MENTIONED AT THE OUTSET, WE WANT TO CONTINUE TO BUILD ON THE IMPROVED RELATIONS WITH THE CHURCH SUCH THAT WE DO WANT TO CONTINUE TO HAVE OPEN LINES OF COMMUNICATION WITH THEM SO THAT WHEN THEY HAVE OUTDOOR MAJOR EVENTS, WE'RE AWARE OF IT. AND WE CAN ADJUST OR ACCOMMODATE AS NEEDED. BUT FRANKLY, UNDER THIS REDESIGN, I DON'T KNOW THAT THAT'S EVER GOING TO BE AN ISSUE OR SHOULDN'T BE AN ISSUE. SO WITH RESPECT TO CONDITION NUMBER SIX AND THE STAFF'S RECOMMENDATIONS TO CONTINUE TO USE LIMITED FLIGHT GOLF BALLS, I DO THINK IN VIEW OF THE REDESIGN AND HAVING THE TARGET BEING ONLY 150 YARDS, THERE'S NO REAL PURPOSE TO HAVE A RESTRICTION ON LIMITED FLIGHT GOLF BALLS, BECAUSE FRANKLY, THAT'S NOT REALLY GOING TO IMPACT ANYTHING, I WOULD SAY THAT, YOU KNOW, OBVIOUSLY THE CLUB IS GOING TO CONTINUE TO USE ITS CURRENT EXISTING INVENTORY OF LIMITED FLIGHT GOLF BALLS, BUT I DON'T THINK IT'S APPROPRIATE TO PLACE THAT AS A ZONING CONDITION ON THIS AMENDMENT TO THE, THE LANDSCAPE. AND THEN LIKEWISE WITH STAFF'S RECOMMENDED, CONDITION NUMBER SEVEN TO HAVE THE BLACK NETTING ALONG THE FENCE LINE THAT IS, VERY FAR AWAY FROM THE TEE BOX. THE BLACK NETTING IS ORIGINAL PURPOSE.

CHRIS, COULD YOU SHARE? ON. WHAT I'M REFERRING TO IS ESSENTIALLY THE PROPERTY LINE ON THE EASTERN EDGE OF THE RANGE. THE ORIGINAL PURPOSE TO HAVE BLACK NETTING ALONG THE FENCING. THE EXISTING FENCING THAT IS THERE WAS TO PREVENT GOLF BALLS FROM ROLLING ONTO THE CITY'S PROPERTY. BUT IN VIEW OF THESE SIGNIFICANT MODIFICATIONS TO THE LANDSCAPING AND REDESIGN, AGAIN, THERE'S NO FUNCTIONAL UTILITY TO HAVE THE BLACK NETTING. NOT IT'S NOT A HUGE DEAL. IT'S JUST FUNCTIONALLY NOT NECESSARY. AND JUST AN ADDITIONAL THING TO MAINTAIN OVER TIME. AND SO WITH RESPECT TO, THE CRITERIA, THE ZONING CRITERIA BEFORE THIS BOARD, YOU KNOW, THESE MODIFICATIONS ARE CONSISTENT WITH THE ZONING CODE AND THE CITY IN THE STRATEGIC PLAN.

THERE'S NO CHANGE IN ZONING, THERE'S NO VARIANCES, THESE CHANGES PRESERVE A SIGNIFICANT AMOUNT OF NATURAL OPEN SPACE. WE'RE PROPOSING TO ADD 65 NEW TREES AND MAINTAIN A HIGH QUALITY OUTDOOR RECREATIONAL AMENITY FOR THE COMMUNITY, AND SO WITH THAT, WE BELIEVE WE MEET AND SATISFY THE CRITERIA NECESSARY TO RECOMMEND APPROVAL AND WE REALLY DO APPRECIATE THIS BODY'S PATIENCE AND INDULGENCE AND CONSIDERATION OF THIS AS WE'VE WORKED OUT THIS SOLUTION

[00:15:03]

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

WHICH ONES WOULD APPLY BECAUSE DIFFERENT PEOPLE WOULD SHOOT FROM DIFFERENT IRONS? CORRECT, WOULD YOU BE AGREEABLE TO HAVE SOME ADVISORY THINGS MADE AVAILABLE TO THE GOLFERS THAT SAY, YOU KNOW, IF YOU'RE IF YOU'RE JOE AVERAGE GOLFER, THIS IS START HERE SO THAT THEY HAVE A CLUE ABOUT WHERE TO START. AND GUIDANCE AND ALSO TO TELL THEM THAT THIS IS WHAT WE'RE TRYING TO DO. AND IF YOU'RE OVERSHOOTING THIS, YOU KNOW, DROP BACK, YOU KNOW OKAY. YES WE'RE FINE WITH THAT. AND CAN WE, CAN WE I THOUGHT WE HAD A DISCUSSION A COUPLE MEETINGS AGO ABOUT WHETHER WE CAN PUT THESE TYPES OF FUTURE CONDITIONS ON AS IS. CAN WE DO THAT? AND IF SO, WHAT'S THE BEST LANGUAGE TO DO IT WITH? SO THE YOU CAN ALWAYS ASK FOR CONDITIONS. AND IF THEY'RE AGREEABLE TO IT THEN YOU CAN AGREE TO IT AS A CONDITION AS PART OF THE PLAN, ONCE YOU START GETTING TO SOME OF THESE FUTURE CONDITIONS OR OTHER THINGS THAT MAY NOT BE ENFORCEABLE, THEN YOU CAN'T YOU CAN'T COMPEL IT UPON THEM. BUT IF THEY'RE AGREEABLE TO IT, YOU CAN MAKE THAT A CONDITION. AND THEN WE CAN DISCUSS AND TRY TO FIGURE OUT WHAT TRIGGERS THAT MECHANISM, OR HOW DO WE GET TO THAT POINT. I THINK ENFORCEMENT MAY BE A LITTLE BIT DIFFICULT ON SOME OF THESE ISSUES, BUT THEY CAN CERTAINLY AGREE TO IT, AND WE CAN TRY TO CRAFT A MECHANISM TO MAKE THE CHANGES. SO I NOTED IN THE STAFF REPORT IN, SECTION TWO E OR THREE E, AND I NOTED IT SAYS THAT BACK IN 2009, WHEN THE FINAL DEVELOPMENT PLAN WAS APPROVED, THE COMMISSION FOUND THAT THE AMOUNT OF LANDSCAPE BUFFER WOULD BE SUFFICIENT FOR GOLF BALL CONTROL ALONG THE SIDES OF THE PROPERTY. I WAS HERE THEN. I DON'T REMEMBER THE PRECISE WAY THAT WE APPROVED IT, BUT THAT SENTENCE MAKES IT SOUND LIKE THE APPROVAL WAS SORT OF CONDITIONED ON WHETHER GOLF BALLS WENT ONTO THE PROPERTY, BUT I DON'T SEE ANYTHING IN WHAT WE'RE VOTING ON TODAY THAT REALLY IS DEPENDENT ON GOLF BALLS GOING ON OR NOT GOING ON. THE PROPERTY, OTHER THAN SORT OF THIS IDEA WE'RE BATTING AROUND RIGHT NOW THAT IF IN THE FUTURE GOLF BALLS START FALLING ON THE

[00:20:03]

PROPERTY, THAT, YOU KNOW, IS IT OR ISN'T IT A ZONING VIOLATION THAT THE THAT THE CITY CAN TAKE ACTION ON? I THINK THAT'S KIND OF WHAT I'M TRYING TO GET MY ARMS AROUND HERE, AND I THINK YOU'RE PROBABLY RIGHT TO BE CONCERNED ABOUT THAT, BECAUSE THEN THE TRIGGER COMES UP IS WHAT NUMBER OF GOLF BALLS IS IT, HOW DO WE KNOW IT'S THEIR GOLF BALL? HOW DO WE KNOW THEY'RE GETTING THERE FROM THE DRIVING RANGE AND NOT SOME OTHER SOURCE THAT YOU START RUNNING INTO THOSE TYPES OF ISSUES? AS FAR AS WHAT TRIGGERS IT, THAT I THINK YOU START TO RUN INTO THE PROBLEMS WITH THOSE KIND OF CONDITIONS. AND MEMBER WALLACE, BASED ON OUR CONVERSATION A FEW MEETINGS AGO, YOU'LL RECALL IT'S ALSO A SLIPPERY SLOPE ISSUE WHERE THIS IS A FINAL DEVELOPMENT PLAN. IT'S A MODIFICATION OF THE LANDSCAPING OF THAT APPROVED FINAL DEVELOPMENT PLAN. AND THE MOMENT YOU START ADDING CONDITIONS ON THE OPERATIONS, WHEN IT'S NOT A CONDITIONAL USE, YOU RUN INTO EQUAL PROTECTIONS, CONCERNS AND ISSUES. AND SO YOU START REALLY, THE MORE YOU GET INTO THE OPERATIONS OF THIS, THE MORE IT IT'S QUESTIONABLE WHETHER IT'S ENFORCEABLE AS A MATTER OF LAW. WELL, MY CONCERN RIGHT NOW IS THAT WHAT I HEARD EARLIER WAS THAT YOU'RE IN AGREEMENT WITH CONDITIONS ONE THROUGH FOUR, BUT YOU WEREN'T IN AGREEMENT WITH CONDITIONS FIVE, SIX AND SEVEN. THAT'S WHAT I HEARD. YOU SAY EARLIER, THAT YOU DIDN'T WANT TO PUT THE NETTING IN, WHICH IS CONDITION SEVEN. YOU DIDN'T WANT TO BE LIMITED TO LIMITED FLIGHT BALLS, WHICH WAS SIX FIVE. I'M NOT CLEAR ON YET BECAUSE WE HAVEN'T TALKED ABOUT IT YET. I THINK THAT HAS TO DO WITH THE CONFIGURATION OF WHERE THE GOLFERS ARE GOING TO BE LINED UP IN THE BAY. MY GUESS IS YOU'RE GOING TO WORK THAT ONE'S WORK WORKED OUT, I THINK, BUT I DON'T. WE'LL GET THERE IN A MINUTE. BUT WHAT I DID HERE WAS THAT YOU WEREN'T IN YOU WEREN'T IN AGREEMENT WITH SIX. AND SEVEN. NEIL HAD SUGGESTED SORT OF A WAY THAT WE MIGHT BRIDGE THAT GAP. BUT NOW OUR LEGAL COUNSEL IS SAYING IT MIGHT NOT WORK TO THE SATISFACTION OF EVERYONE. SO I GUESS RIGHT NOW I GUESS I'M COMING BACK AND SAYIN, YOU KNOW, ARE YOU IN AGREEMENT WITH CONDITION SEVEN OR NOT? BECAUSE IF YOU'RE NOT, THEN WE HAVE TO TALK ABOUT WHETHER WE'RE GOING TO DELETE A CONDITION SEVEN EVEN THOUGH STAFF RECOMMENDED IT, OR IF WE'RE GOING TO INSIST ON IT. AND THEN THE SAME THING IS TRUE WITH WITH WITH SIX, WHICH HAS TO DO WITH THE LIMITED FLIGHT GOLF BALLS. SO WITH RESPECT TO CONDITIONS SIX AND SEVEN, THE LIMITED FLIGHT GOLF BALLS AND THE NETTING, NEITHER HAVE ANY FUNCTIONAL VALUE OR USE. SO IT'S REALLY OVERKILL AT THIS POINT FOR THIS PRACTICE RANGE. BUT YOU KNOW, THE CLUB DOESN'T WANT ANY OF ITS GOLF BALLS TO LOSE ITS PROPERTIES. AND THOSE ARE BOTH TOOLS THAT IT COULD IMPLEMENT INTO THE FUTURE IF AND WHEN IT EVER ARISES. AND SO THERE'S NOT AN OBJECTION TO ACTUALLY USING THOSE TOOLS IF NECESSARY. WE'RE JUST SAYING IT'S NOT REALLY NECESSARY AT THIS POINT. SO WE'RE STILL HAVING A DISCUSSION ABOUT SIX. AND SEVEN. YES. SO QUESTION FOR STAFF. WHY WHY DO WE FEEL WHY DOES THE CITY FEEL STRONGLY ABOUT ITEM SIX AND SEVEN WHEN THE APPLICANT DOES NOT? SO WE SORT OF SEE THIS AS A BELT AND SUSPENDERS APPROACH TO HELP ENSURE THAT GOLF BALLS REMAIN ON THE DRIVING RANGE PROPERTY. OKAY ANOTHER QUESTION I WAS GOING TO ASK, AND I HAVE TO REMEMBER WHAT IT IS WHERE WE'RE AT ON FIVE. YEAH, WELL. YEAH, WE MIGHT AS WELL GET THAT OUT OF THE WAY. ARE YOU. ARE YOU OKAY WITH FIVE? IS THAT CLEAR ENOUGH? I THINK I THINK THAT MIGHT HAVE BEEN WHAT I HEARD YOU SAY. WAS YOU WEREN'T. SO CAN WE WANT TO MAKE SURE THAT WHEN THE CONDITIONS. IF YOU'RE AGREEING TO A CONDITION THAT STAFF AND THE APPLICANT ARE BOTH ON THE SAME PAGE AS TO WHAT IS BEING REQUIRED, SO THAT THERE ISN'T ANY CONFUSION GOING FORWARD, AND WE'RE HAPPY TO FURTHER CLARIFY, AS WE'RE TRYING TO DESCRIBE IN WORDS. BUT SO RIGHT NOW, THE TEE BOX IS HERE AT THIS OBTUSE ANGLE. SO THEY SORT OF SOME ARE POINTED A LITTLE SOUTHERN SOME POINT A LITTLE NORTHERN. OUR COMMENT WAS TO MAKE THIS A STRAIGHT LINE SO THAT THE TEE BOXES ARE AT A 90 AND PERFECTLY PERPENDICULAR TO WHERE THE BALLS WILL BE HIT TOWARDS THE GREEN.

ANY PROBLEM WITH THAT, YES. IN THAT IT'S THAT THAT'S A DIFFERENT ALIGNMENT THAN THE EXPERTS PROPOSED TO US WHO CAME OUT ON SITE. AND WELL, WHO REVIEWED THIS SITE, AND WOULD BE INCONSISTENT WITH OUR DISCUSSIONS WITH THE CHURCH'S LEADERSHIP. AND REALLY, THE REASON FOR THIS DESIGN IS, IS IT MAXIMIZES THE NATURAL GRASS IN BETWEEN. AND SO IF YOU WERE TO TAKE THE AIMING BLOCKS. AND HAVE THEM ALL MOVE THIS WAY, YOU'RE NECESSARILY PUSHING ALL THE

[00:25:05]

GOLFERS CLOSER TO THE NEIGHBORS ON THE NORTH AND THE SOUTH. THE V KEEPS MAXIMIZES THE DISTANCE AWAY. AND GIVEN THAT THIS IS ONLY 150 YARD, AREA OR PRACTICE AREA, THERE'S REALLY NO MORE CONCERN WITH WHICH THE ANGLED NATURE OF THE V THAT REMINDS ME WHAT MY QUESTION WAS. SO MY FOLLOW UP QUESTION, WE HAVEN'T OBVIOUSLY HEARD FROM THE CHURCH AND FROM MEMBERS OF THE PUBLIC, BUT, WHEN YOU SAID YOU'D REACHED AN AMICABLE RESOLUTION WITH THE CHURCH, WERE THEY IN AGREEMENT THAT FIVE, SIX AND SEVEN CONDITIONS, WOULD IT NEED TO BE PART OF THE APPLICATION? WE'VE NOT DISCUSSED THIS. THOSE WELL, WE'VE NOT DISCUSSED SIX AND SEVEN, THEY'VE SEEN THIS SITE PLAN AND APPROVED THIS DESIGN. OKAY. THIS LAYOUT. SO BUT SIX AND SEVEN, I MEAN I MEAN, YOU REPRESENTED EARLIER THAT THAT THERE WAS AMICABLE RESOLUTION. SO THAT MAY LED ME TO BELIEVE TH, THATAT THEY MAY HAVE AGREED HOW FAR I DON'T KNOW HOW FAR THEY'VE AGREED. SO ALL RIGHT. SO I GUESS WE'LL HEAR FROM THEM. I GUESS, IN A LITTLE WHILE. YEAH. THE V ALSO GIVES YOU A MORE CONSISTENT LENGTH. YOU DON'T HAVE THE ENDS OF A STRAIGHT LINE BEING MANY MORE YARDS THAN THE CENTER OF YOUR STRAIGHT LINE. IT MORE DESCRIBED. IT'S A APPROXIMATION TO AN ARC CONSTANT RADIUS ARC. RIGHT. OKAY. I MEAN, HAVE YOU MEASURED HOW MUCH CLOSER THE HYPOTENUSE OF THAT TRIANGLE IS GOING TO MAKE THE GOLFERS? I DON'T BELIEVE WE HAVE. OKAY ALL RIGHT. THE TREES THAT YOU'RE PROPOSING, YOU SAID THEY'RE FAST GROWING. HOW LONG HOW FAST DO THEY GROW TO THE HEIGHT THAT YOU WOULD ANTICIPATE FOR THE SPECIES THAT ARE SPECIFIED 15 YEARS LATER, 7 TO 15 YEARS FOR FULL HEIGHT. AND THEY GO FROM 60 TO 135FT, DEPENDING ON SOIL AND SOIL MAKEUP, WEATHER, THINGS LIKE THAT. SO IF YOU REMEMBER, THE LONDON PLANE IS TYPICALLY USED A LOT OF GOLF COURSES BECAUSE IT'S A BALL CATCHER, AND THAT'S THE ONE WE'RE GOING HEAVILY WITH.

BUT THE OTHER TWO ARE PERFECT FOR THAT SITUATION ALSO, AND HOW WE SET IT UP, IT'S ALMOST TWO ROWS OF PROTECTION. THE FIRST ROW NEAR THE FAIRWAY AND THE SECOND ROW ALONG THE NET. AND IF YOU REMEMBER, THE NET WASN'T THERE IN 2009. SO NOW, BESIDES THE TREES, WE ALSO HAVE A 200 FOOT, 50 FOOT HIGH NET, WHICH ADDS THAT MUCH MORE PROTECTION IS WHAT OUR WHAT OUR PLAN IS.

OKAY, THEN, IN ADDITION TO THAT, ON THE MOUNDS, IT SAYS 5 TO 6 MAXIMUM IN HEIGHT. WHY WOULD THAT BE A MAXIMUM NOT MINIMUM LIKE THERE SHOULD BE A MINIMUM ON HEIGHT ON THOSE 60 60FT TO.

AND YOU KNOW, AGAIN THESE ARE ESTIMATES ON THE AMOUNT OF THE HEIGHT. THE HEIGHT OF THE MOUND ITSELF IS ABOUT 054 TO FIVE FEET, I BELIEVE IS WHAT WE PUT ON WHAT HE'S SAYING. I'VE SEEN FIVE, 4 TO 5 MIXING 5 TO 6, AND I SEE THEM AS MAXIMUM. I WOULD THINK I'D WANT TO HAVE A MOUND RIGHT. SO THAT SHOULD BE MORE MINIMUM THAN MAXIMUM. I WOULD THINK. BUT YEAH. CURIOUS TO WHY YOU USE THE WORD MAXIMUM. SURE. I THINK 4 TO 6FT MIGHT BE ON THE ON THE PRESENTATION. AND WE CAN DEFINITELY MAKE SURE WE'VE GOT SOME MINIMUMS IN THAT REGARD. PLENTY OF DIRT FOR THE MOUNDING THAT WILL WILL, WILL CAN WE ALSO CLEAR THAT WITH THE CITY STAFF LANDSCAPE ARCHITECT TO MAKE SURE WE DON'T PUT THE TREES UP SO HIGH? IF IT'S A SMALL MOUND, THEY DON'T HAVE ENOUGH WATER. THANK YOU. YEAH YEAH. WE'RE GOOD. SO PLANT CONSISTENT WITH THE CITY LANDSCAPERS. OKAY. AND THEN ON THE SIGNAGE IS PROPOSED. IT HAS THREE SQUARE FEET AND IT'S A BOARD SIGN. A COUPLE OF QUESTIONS ON THAT. ONE WOULD BE BE IT A BOARD SIGN, IT CAN BE KNOCKED OVER OR MOVED. YOU KNOW, IT SEEMS LIKE IT'D BE BETTER IF IT WAS MORE OF A PERMANENT SIGN.

THAT WAS ATTACHED. SO THAT'S ONE QUESTION. THEN HOW DID WE COME UP WITH THE THREE FEET IN SIZE? SO IT WAS AN INTENTIONAL TO BE A SIGN THAT CAN BE MOVED MOVABLE AROUND THE RANGE, DEPENDING UPON WHAT WHAT ACTIVITIES ARE GOING TO TAKE PLACE THERE. AND WE'RE CERTAINLY OPEN TO A PERMANENT SIGN, PERMANENT PERMANENT SIGNAGE, BUT AT THIS, AT THIS TIME WE DIDN'T THINK THAT WAS NECESSARY. AND IT COULD BE A COMBINATION OF BOTH TWO. RIGHT? CORRECT. I THINK THERE'S VALUE IN HAVING SOME PERMANENT SIGNAGE SO THAT THINGS DON'T ALL GET KNOCKED OVER. AND GONE, BUT IF YOU WANTED THE FLEXIBILITY OF SOME MOVABLE, I'D BE AMICABLE TO BOTH, LIKE A COMBINATION OF THE TWO AND THEN SPECIFYING SOME TYPE OF MINIMUM, IT SAYS MULTIPLE, BUT MULTIPLE COULD BE TWO, RIGHT? I THINK I WOULD LOVE TO SEE IN MY MIND. I'D LOVE TO SEE LIKE THREE OR MORE PERMANENT SIGNS. AND THEN IN ADDITION TO YOU CAN HAVE BOARD SIGNS THAT MOVE AND SO FORTH THAT COULD BE

[00:30:02]

AMENABLE TO THAT. YEAH I'M JUST PUTTING THAT OUT. AND I'D LOVE TO HEAR COMMENTS FROM PLANNING COMMISSION, TOO, IF YOU GUYS HAVE A DIFFERENT POINT OF VIEW. MY ONLY WORRY IS THAT IF THEY MOVE WITHIN THE GREEN WHERE THEY'VE GOT STUFF, THAT THE SIGNS ARE NOT GOING TO BE ABLE TO MOVE IF THEY MOVE, YOU KNOW, THEY HAVE A SIGN SAYS HERE, PUT YOUR BALLS IN THIS BUCKET AND THE BUCKET MOVES AROUND. SO THEY'VE GOT LESS WEAR AND TEAR IN ONE CONCENTRATED PLACE. THE SIGNS WON'T MOVE. I DON'T KNOW IF THAT'S AN ISSUE ON YOU GUYS BEHALF. THE APPLICANT'S INTENT IS TO MAKE SURE THAT THE GOLFERS ARE VERY AWARE OF, OF THE RESTRICTIONS ON THE IRON USAGE AS WELL AS THE LIABILITY FOR VIOLATING THAT RULE. RIGHT SO YOU'RE SUGGESTING THAT THE SIGNAGE WOULD SAY, BE AWARE, THIS IS A SHORT GAME PRACTICE AREA. IS THAT THE VERBIAGE YOU WERE PROPOSING AT THE TIME THAT'S SHOWN AT THE TOP, OR WAS THAT THAT'S ILLUSTRATIVE? OKAY YOU MENTIONED BETTER COMMUNICATION WITH THE NEIGHBORS, DO YOU HAVE A SORT OF FIGURE OF MERIT ON THAT? LIKE WE WILL RESPOND WITHIN TWO BUSINESS DAYS, MAX, SOMETHING LIKE THAT.

WE'VE NOT REACHED REACHED LIKE A WRITTEN AGREEMENT ON ANYTHING SPECIFIC. IT'S MORE ALONG THE LINES OF, HEY, LOOK, YOU KNOW, WHEN THERE ARE GOING TO BE PLANNED OUTDOOR ACTIVITIES, PLEASE LET US KNOW. OR IF YOU IF YOU'RE THERE ANY CONCERNS, LET US KNOW AND WE CAN PLAN ACCORDINGLY. WOULD YOU OBJECT TO HAVING WE WILL RESPOND BY IN TWO BUSINESS DAYS OR SOMETHING SIMILAR TO THAT. THAT'S NOT A PROBLEM. THANK YOU. GOT THAT? OTHER QUESTIONS FROM THE COMMISSION. GIVE ME A SECOND. ALL RIGHT.

THE IS THERE ANY PLACE ELSE IN THE STAFF REPORT WHERE IT TALKS ABOUT WHAT THE SIGNAGE WILL BE? OTHER THAN, IT'S HARD TO FIND THESE SECTIONS. 3E2H WHICH SAYS, EXCUSE ME G IT'S NOT H, IT'S G ADDITION OF LIABILITY SIGNS TO WARN GOLFERS THEIR SHOTS SHALL BE PENALIZED. SO I DIDN'T SEE ANY. IF IT'S IF IT'S OTHERWISE THAT'S I'D LIKE TO SEE IT. BUT I'M NOT SURE. AND IF NOT, I THINK WE SHOULD MAKE SURE THAT THE APPLICATION IS CLEAR, THAT IT SHOULDN'T JUST BE TO WARN THEM THAT AARON SHOTS ARE PENALIZED, BUT ALSO THE INFORMATION THAT'S IN THE THAT WAS ON THE SLIDE THAT GOLFERS ARE TOLD IT'S A PRACTICE. YOU KNOW, IT'S A SHORT GAME PRACTICE AREA AND NO WOODS OR NO CLUBS THAT DON'T HAVE COVERS. HOWEVER IT WANTS TO BE STATED IS THERE.

THERE'S JUST, MORE A SLIGHT MORE CONTENT UNDER LETTER F ON PAGE SIX OF SEVEN. GOT IT. OKAY. IF IT DOESN'T SAY WHAT THE SIGNS ARE GOING TO SAY, THOUGH, CORRECT, I'LL SAY I DON'T THINK IT ENCAPSULATES EVERYTHING THAT YOU MENTIONED, BUT THAT'S THE ONLY OTHER PLACE WE HAVE ADDITIONAL INFORMATION WITHIN THE STAFF REPORT. CAN WE SAY SOMETHING LIKE SIGNAGE, I HAVE SIGNAGE TO MATCH. PROPOSAL TO MATCH THE PROPOSAL. THAT'S GOOD. THAT'S ALL I WAS THINKING. SO THEY PROPOSED THAT IT'S HARDLY AN ONEROUS CONDITION. RIGHT CHRIS, IS THERE SOME TYPE OF MONTHLY COMMUNICATION WITH THE MEMBERS, WITH THE CLUBS MEMBERS? RIGHT. YES. AND COULD YOU PUT SOMETHING OUT IN THE COMMUNICATION ABOUT THE CHANGES? YES. THERE WILL DEFINITELY BE NOTIFICATION TO THE MEMBERS REGARDING THE CHANGES WITH RESPECT TO THE SIGNAGE, I WOULD JUST, RESPECTFULLY REQUEST THAT ANY CONDITION BE CONSISTENT WITH THE PROPOSAL.

NOT BE SIGNAGE CONTENT. I DON'T WANT US TO PUT IN THE CONDITION SIGNAGE TO BE CONSISTENT WITH WITH PROPOSAL SO THAT IN THE PROPOSAL SIGNAGE CONTENT CONSISTENT WITH THE PROPOSAL SIZE AND COLORS AND ALL THAT IS NOT SOMETHING WE WANT TO ACCIDENTALLY OVERRIDE. OKAY. IF THERE'S IF THERE'S SOMETHING THAT SAYS LET IT THIS DOESN'T TOUCH THAT. THIS TOUCHES CONTENT, THAT'S FINE. I AGREE THAT. I MEAN, THEY CAN MAKE IT WHATEVER COLOR THEY WANT AS LONG AS IT'S NOT JUST THE SIGN CODE. YEAH. CAN'T BE NEON AND IT CAN'T FLASH. YEAH. ALL RIGHT. I THINK

[00:35:08]

I MEAN, AT THIS POINT THERE'S SOME MORE QUESTIONS PROBABLY NEED TO HEAR FROM THE PUBLIC.

JUST A SECOND. SEEING WHERE WE'RE AT, I HAVE JUST SO WE'RE ON THE SAME PAGE. SO. SO I HAVE I HAD TREES TO BE INSTALLED SUBJECT TO THE CITY'S LANDSCAPE ARCHITECT APPROVAL. NINE. OH, OKAY. WE'RE GOING TO HAVE DIFFERENT IN TWO BUSINESS DAYS. OKAY SIGNAGE. HANG ON. SO I'VE GOT ONE. HAS THEY ADDED THEY WILL PROVIDE GUIDANCE TO THE GOLFERS. OKAY. I CAN DO THAT.

OKAY. SIX AND SEVEN HAD THE IFS THAT THEY AGREED TO THAT THEY HELD IN ABEYANCE. UNLESS THEY'RE SURE WE'RE THERE YET. SO OKAY. OKAY. SO IT WAS INFORMATION IN THE GOLF COURSE WAS I HAD COMMUNICATION WITH THE NEIGHBORS IN TWO BUSINESS DAYS. I GOT THAT ONE. OKAY ONE I WANTED TO ASK ABOUT AND DIDN'T ACTUALLY ASK WAS YOU'VE GOT CLEARLY MARKED DISTINCTIVE GOLF BALLS TO BE USED. THEY ARE THEY ARE LABELED. OVER TIME, THOUGH, CHAIRPERSON KIRBY, THE LABELS DO KIND OF WEAR OFF, BUT OKAY, I'VE GOT MOUNDS SUBJECT TO STAFF APPROVA, THE CITY LANDSCAPE APPROVAL. WE SAY TREES, TREES, AND MORE. TREES AND MOUNDS. TREES AND MOUNDS SUBJECT TO STATE LANDSCAPE. LANDSCAPE APPROVAL AFTER APPROVAL, SOME CONTENT CONSISTENT WITH THE PROPOSAL.

WHAT WAS THE COMMUNICATION? COMMUNICATION WITH THEIR MEMBER? THE CHANGES IN OPERATION? OH, OKAY. THAT'S ALL I HAVE, LET'S CHANGE THAT TO MEMBERS AND USER. IT'S MY UNDERSTANDING THAT THAT, GOLFERS CAN JOIN TO USE THE DRIVING RANGE FACILITY AT AT, THIS, THIS GOLF COURSE, BUT ALSO SEVERAL OTHERS IN THE COMMUNITY. SO I DON'T KNOW IF THEY'RE CONSIDERED TO BE MEMBERS OR NOT, IF THEY JUST HAVE DRIVING RANGE PRIVILEGES. BUT WE SHOULD MAKE SURE THAT ANY COMMUNICATIONS GO NOT JUST TO MEMBERS, BUT PERSONS WHO WILL BE USING THE VARIOUS DRIVING RANGES. THERE WILL BE SIGNAGE AND NOTICE IN THE PRO SHOP. GOTCHA THAT'S GOOD. OTHER QUESTIONS. WE'RE HERE FOR THE REST OF THE WORLD. I THINK WE'VE GOT THE CONDITIONS. MEMBERS OF THE PUBLIC. NOW'S THE TIME. I'VE GOT BRANDON, PAULY. COMMISSION. THANK YOU. MY NAME IS BRANDON PAULY. 250 SOUTH CIVIC CENTER DRIVE, COLUMBUS, OHIO. I REPRESENT THE NEIGHBOR TO THE SOUTH CROSSPOINT CHRISTIAN CHURCH, WHAT I WOULD LIKE TO SAY IS WE, THE CHURCH APPRECIATES THE PLANNING COMMISSION. THE STAFF'S TIME AND ATTENTION TO THIS MATTER. I FEEL LIKE THE PLAN THAT IS PRESENTED TONIGHT IS A STRONG STEP FORWARD TO ENSURING THE SAFETY OF THE CHURCH INVITEES, THE CHILDREN'S SOCCER LEAGUE, AND WE'RE HAPPY THAT WHAT IS BEING PROPOSED IS A SHORT GAME AREA. SO TO THE APPLICANT, WE DO APPRECIATE THE TIME AND ATTENTION. AND I THINK WHAT WE'RE SEEING TONIGHT IS PRETTY RADICALLY DIFFERENT THAN WHAT WE SAW A FEW MONTHS AGO. THAT SAID, SOME OF THE POINTS IN CONDITIONS THAT THE STAFF RECOMMENDS A FEW NOTES ON IT. ONE, I THINK WE'VE ALREADY GOTTEN INTO A CONVERSATION OF THE VAGUENESS OF SHORT IRON CLUBS WITH HEAD COVERS, AND I LOOK AT THE DIMENSIONS OF THE RANGE. I LOOK AT THE PRESENTATION FROM THE APPLICANT CALLING IT A SHORT GAME AREA USING 150 YARDS, AND I DO THINK A CONDITION APPLYING A YARDAGE MAXIMUM. PROVIDED NEW ALBANY LINKS ISN'T THE ONE SWINGING THE GOLF CLUBS. THIS IS JUST SIGNAGE AND WARNINGS TO THE INVITED GUESTS ON THEIR PROPERTY. I WOULD SUGGEST WE USE SOME SORT OF YARDAGE MAXIMUM AS PART OF THE SIGNAGE, AND IT SEEMS LIKE 150 YARDS SEEMS REASONABLE AND APPROPRIATE IN LIGHT OF WHAT'S BEING PRESENTED TONIGHT AS IT RELATES TO ITEM SIX ON THE LIMITED FLIGHT, GOLF BALLS, COUNSEL FOR THE APPLICANT'S CORRECT. WE WERE NOT AWARE AND HAD NOT DISCUSSED THAT NEW ALBANY LINKS IS A HYBRID PUBLIC PRIVATE CLUB, SO THERE ARE STILL MEMBERS OF THE PUBLIC THAT HAVE NO AFFILIATION OTHER THAN PAYING FOR THEIR RANGE BALLS COMING IN, AND USING THE RANGE. WE THINK, ESPECIALLY SINCE IT'S NOT GOING TO BE A HARDSHIP ON NEW ALBANY

[00:40:06]

LINKS, THEY'VE ALREADY INVESTED IN THE LIMITED FLIGHT GOLF BALLS THAT, AS STAFF HAS SUGGESTED, THAT'S A BELT AND SUSPENDERS APPROACH. LIABILITY. IF SOMEBODY GETS HIT ON THE CHURCH'S PROPERTY, IT'S NOT NECESSARILY NEW ALBANY LINKS. IT'S THE PERSON WHO'S WIELDING THE GOLF CLUB. AND PROVIDED THAT, WE'RE NOT GOING TO KNOW OR NEW ALBANY LINKS ISN'T GOING TO KNOW, EVERYBODY THAT USES LIKE A PRIVATE CLUB WOULD OR SHOULD. BUT MAINTAINING THAT AS A CONDITION NOW, I THINK INTO THE FUTURE CREATES MORE SAFETY AND LIMITS THE OPPORTUNITY FOR US TO HAVE TO BOOMERANG BACK HERE AS IT RELATES TO POINT FIVE ON THE DESIGN AND CONFIGURATION, WE DO AGREE THAT SORT OF THE CONVEX CONCAVE ALIGNMENT CENTERING THE PARTICIPANTS TO THE 150 YARD YARDAGE MARKER WOULD ACTUALLY PROVIDE A LITTLE BIT MORE SAFETY AND A LITTLE BIT MORE GUIDANCE TO WHERE THE TARGET SHOULD GO. BUT THE LAST THING I'LL SAY IS THIS IS BEING PRESENTED AS A SHORT GAME AREA AND SO AS I SAI, PUTTING A YARDAGE ON IT I BELIEVE WOULD BE APPROPRIATE.

AND IN LOOKING AT THE DIMENSIONS, IT'S HARD TO SEE ON THAT. BUT THE YARDAGE MARKER FROM THE APEX OF THE RANGE TO THE BEGINNING OF THE FENCE ALONG THE SOUTHERN PROPERTY LINE IS 146 YARDS. SO KEEPING THE LIMITED FLIGHT GOLF BALLS, I THINK WILL, MAINTAIN A LITTLE BIT OF THAT RISK OF HAVING NE'ER DO WELLS COMING IN AND, YOU KNOW, REBUFFING THE RULES AND DOING WHAT THEY WANT AND THEN HAVING SIGNAGE WITH 150 YARDS MAXIMUM ON THERE WILL ALSO FURTHER, FURTHER INSTILL WHAT THE RULES OF THE SHORT GAME AREA ARE. SO WITH THAT, IF YOU HAVE ANY QUESTIONS, HAPPY TO ANSWER. FROM THE CHURCH'S PERSPECTIVE. LET ME JUST CLARIFY WHAT I THINK I JUST HEARD YOUR YOU'RE ASKING ON BEHALF OF THE NEIGHBOR THAT THERE BE SOME SORT OF A YARDAGE LIMITATION IN THE APPROVAL. THAT'S NUMBER ONE, I BELIEVE CONDITION ONE, AS OPPOSED TO SAYING ALLOWS FOR THE USE OF SHORT LOFTED IRON GOLF CLUB, SHORT LOFTED IRON GOLF CLUBS WITH A MAXIMUM 150 YARDS. ALL RIGHT. AND THEN THE SECOND THING I HEARD WAS THAT YOU YOU YOU PREFER THAT CONDITION SIX BE MAINTAINED. YES. AND THE THIRD THING I HEARD WAS THAT WITH REGARD TO CONDITION FIVE, YOU DON'T HAVE YOU DON'T HAVE A STRONG FEELING THAT THAT THAT WOULD EITHER BE IN OR OUT. CORRECT OKAY. ALL RIGHT. THANK YOU. IN SAYING ALL THAT AND IF THEY AGREE TO THE DIFFERENCES THAN THE CHURCH IS ON BOARD WITH THIS. WHAT I'LL SAY IS THE CHURCH OBVIOUSLY DOESN'T HAVE THE RIGHT TO APPROVE OR DISAPPROVE. WE CAME IN WITH STRONG FEELINGS ABOUT HOW THE RANGE WAS BEING OPERATED IN THE CONDITION TO THE ORIGINAL SITE PLAN. THOSE TREES AS NATURAL BARRIERS BEING REMOVED. WHETHER IT WAS THE APPLICANT OR THE PRIOR OWNER. STILL, THE APPLICANT WHO'S ISSUE THAT IS, WE'RE HAPPIER WITH THIS CONVERSION TO A SHORT GAME AREA, SO LONG AS SOME OF THE CONDITIONS DON'T LEAD US INTO ANOTHER VAGUE AREA. A DECADE FROM NOW, WHERE IRONS ARE NOW GOING 250 YARDS SHORT IRON. SO I THINK IT'S APPROPRIATE BASED ON WHY WE'RE HERE. AND SOME OF THE HURDLES THAT WE HAD TO HAVE ADDRESSED AT THE BEGINNING, TO PUT A YARDAGE LIMITATION. AND SO LONG AS THERE'S THAT SORT OF EXPRESS YARDAGE LIMITATION, WHICH FROM ALL OF THE MATERIALS SUBMITTED SHOULD BE A ACCEPTABL, THAT THE CHURCH WOULD BE MUCH HAPPIER AND FEEL A LOT MORE, WOULD FEEL SAFER IN OCCUPYING AND HAVING ITS INVITED GUESTS ON ITS PROPERTY. THANK YOU. I HAVE A QUESTION FOR STAFF. HAS STAFF LOOKED AT THE PROPOSED LANDSCAPING? THAT'S GOING TO BE INSTALLED UNDER THIS PLAN? AND COMPARED THAT TO WHAT THE LANDSCAPING LOOKED LIKE THAT WAS REMOVED AND AS STAFF MADE ANY TYPE OF EVALUATION AS TO WHETHER THE TO BE INSTALLED LANDSCAPING, YOU KNOW, BE, YOU KNOW, IS THE SAME AS WHAT WAS REMOVED AS CLOSE TO WHAT WAS REMOVED ISN'T ANYWHERE NEAR WHAT WAS REMOVED.

JUST SO, INASMUCH AS A VISUAL INSPECTION IN OUR SLIDE, WE SHOWED THAT CONDITIONS BACK IN

[00:45:07]

2009, WE DIDN'T HAVE A TREE SURVEY, SO WE DON'T KNOW THE NUMBER OF TREES THAT WERE PRESENT AT THE TIME, BUT IT DOES APPEAR THAT THE NEW PROPOSED MOUNDS ARE CLOSER IN TO THE TO THE, TO THE GREEN AREA THAN PREVIOUSLY PROPOSED. THERE'S ALSO THE ADDITION OF THE, THE NETS THAT ALSO NEEDS TO BE TAKEN INTO CONSIDERATION. SO NOTHING AS FAR AS LIKE A QUANTITATIVE ANALYSIS, BUT WE HAVE, YOU KNOW, VISUALLY DONE THAT COMPARISON AND PUT IT IN A TABLE IN THE STAFF REPORT. OKAY. OTHER QUESTIONS FOR THIS PARTICULAR. THANK YOU. THANK YOU. OTHER SPEAKERS, GEORGE TREBECK. GEORGE PERRY 70 400FT BEHIND THE ROAD, YEAH. MY VIDEO ON MY CLEANUP. IT SHOULD BE UP ON THE SCREEN. YOU'RE GOING TO GET US. WE JUST WANT TO MAKE A SHOT AT IT, SHE'S LOOKING, MYSELF AND MY COLLEAGUE OVER HERE. QUALITY ENGINEERING, HAVE BEEN WATCHING THIS SYSTEM GO ON, AND WE DID A WHITE PAPER. I THINK WE TALKED ABOUT THIS. THE LAST TIME I WAS HERE, AND, WE OBSERVED AND WALKED OVER THE THING AND TOOK A LOOK AND SEE WHAT COULD BE DONE AND WHAT SEEM TO BE HAPPENING. AND IT LOOKS LIKE IT'S PRETTY WELL BEEN COVERED. KUDOS TO STAFF AND THE CLUB, LOOKS LIKE THEY'VE ADDRESSED THIS WITH QUITE MUCH BIGGER, THERE ARE A FEW CONCERNS THAT WE HAVE, AND I'M NOT GOING TO GO OVER THEM BECAUSE A NUMBER OF THESE HAVE ALREADY BEEN DISCUSSED HERE TONIGHT, THE CONCERN ISSUE, WHICH, SEEMS TO BE JUMPING OUT AT ME, IS THE FIRST ITEM WAS, WAS TANNER CONSULTING APPROVED? DID THEY APPROVE THIS PROJECT? THEY DID NOT. OKAY THAT THAT IS CONCERNING. HOWEVER, THAT'S SOMETHING TO CONSIDER, THE OTHER OTHER ITEMS UNDER DESIGN, SPECIFICITY. THERE'S 5 OR 6 ITEMS. I THINK YOU ALL KIND OF TOUCHED THOSE. YOU CAN LOOK AT THEM AND SEE WHERE YOUR CONCERNS ARE. SIGNAGE SEEMS TO BE A BIG TOPIC HERE, I'M KIND OF CONCERNED ABOUT, YOU KNOW, LIABILITY ON THE GOLFER. HOW DO WE KNOW WHO IT IS IF WE DON'T HAVE REGISTRATION? WE DON'T HAVE CAMERAS, WE DON'T HAVE EMPLOYEES LOOKING OVER. WE DON'T HAVE BARRIERS LIKE FENCES TO KEEP PEOPLE COMING IN AT THERE WILL THEN THAT SOMEBODY GETS HURT, GET ONTO WHO'S LIABILITY, WHO'S LIABLE. SO TO ME THAT MEANS RECORD KEEPING. THIS IS PART OF WHAT THE COURSE NEEDS TO DO IS LOOK AT THAT AND SEE WHAT THEY'RE GOING TO DO, WITH THAT, YOU CAN LOOK AT IT AND GO OVER IT REAL QUICK AND ASK QUESTIONS.

YOU EVER WANT. THESE ARE THE ONES WE HAD, I THINK. I THINK STAFF, OUR, OUR COUNSEL HAS LOOKED AT THESE AND HE'S DEMONSTRATED THAT THERE ARE CONCERNED HERE ARE SOME LOOSE ENDS THAT NEED TO BE ADDRESSED. SO I'M GOOD, BILL, I WAS GOING TO TAKE A LOOK AT PROOF OF CONCEPT FOR US. BILL HIRSCH THANK YOU. ANY MY NAME IS BILL HIRSCH, 2785 DALE AVENUE, I REMEMBER DURING OUR FIRST MEETING, WE TALKED ABOUT THE CONCEPT OF THE GOAL IS NO GOLF BALLS, EXIT THE RANGE ONTO EITHER PROPERTY ON EITHER ANY PROPERTY ON ANY OF THE THREE SIDES. AND IT APPEARS THAT THERE HAVE BEEN SIGNIFICANT IMPROVEMENTS TO WHAT HAS BEEN DONE, BUT I DON'T SEE A PROOF OF CONCEPT DURING MY CAREER AS A QUALITY AUDITOR QUALITY SYSTEMS PERSON. I WORKED FOR THE NUCLEAR REGULATORY COMMISSION AS WELL AS FOR THE TELECOMMUNICATIONS INDUSTRY. THERE SEEMED TO BE A DIFFERENCE BETWEEN WHAT STAFF IS SAYING ABOUT THE SHAPE OF THE TEE BOX AND WHAT THE DRAWING SHOWS. THAT WE NEED TO MAKE SURE THAT THERE IS A SYSTEM WHICH ALLOWS THE COURSE TO FIRST NOTIFY A CHANGE, HAVE SIGNAGE, BUT ALSO HAVE A SYSTEM BY WHICH

[00:50:11]

VIOLATORS, ESPECIALLY REPEATED VIOLATORS, THEY'VE GOT A SYSTEM OF CORRECTION TO MAKE SURE THAT, IF THEY NOTICE SOMETHING IS GOING ON THAT THEY'VE GOT A DOCUMENTED PRACTICE. SO THAT PEOPLE KNOW WHAT TO EXPECT. AND THE CONCEPT THAT THE STAFF BE ABLE TO REINSPECT WHEN ALL THIS WORK IS DONE, THAT THEY'VE MET THE CRITERIA THAT WE'VE TALKED ABOUT HERE AND WITH THE STAFF, AND IF ANYBODY HAS ANY QUESTIONS, I'D BE HAPPY TO ANSWER. THANK YOU, THANK YOU, THANKS. QUESTION FOR STAFF, IS THERE AN INSPECTION OF SOME KIND THAT HAPPENS AFTER THEY SAY IS THERE A POINT WHERE THEY SAY TO STAFF, WE HAVE DONE ALL THE THINGS THAT WE HAVE AGREED TO DO AND PLEASE GIVE US APPROVAL, OR DO THEY JUST DO THEM AND SAY THEY'RE ALL IN THERE? WE CAN START TODAY WITHOUT STAFF SAYING YES, SO THEY WILL NEED TO SUBMIT ADDITIONAL PERMITS FOR THE INSTALLATION ENGINEERING FOR THE MOUNDING. AND THEN WE CAN COMBINE THAT WITH THE LANDSCAPING. SO THERE WILL BE INSPECTIONS. AND AT THAT TIME WE CAN ENSURE THAT ALL THOSE OTHER CONDITIONS THAT ARE INSPECTABLE ARE, ARE ADHERED TO. THANK YOU. BEN, IS THERE A WAY TO PUT A CONDITION ON THIS THAT SAYS THA? REGULAR GOLF BALLS CAN BE USED UNLESS SOMETHING HAPPENS AND THEN SOMETHING ELSE, SUCH AS THE USE OF THE LIMITED FLIGHT BALLS, WOULD KICK INTO EFFECT AGAIN, I THINK YOU CAN COME TO AN AGREEMENT. YOU CAN TRY TO PUT THAT IN THERE, BUT I THINK THE PRACTICALITY OF TRYING TO ENFORCE THAT AND FIGURING WHAT WHEN THAT TRIGGERS BECOMES THE ISSUE, I MEAN, IT'S CERTAINLY EASIER TO SAY ALL OR NOTHING. YOU EITHER DO THE LIMITED FLIGHT AND YOU LIVE WITH IT OR OR NOT. SO EVEN IF THE APPLICANT AGREES TO IT AND DOES THAT ON THE RECORD HERE, SO YOU CAN AGREE TO IT. BUT I THINK THE DIFFICULTY IS GOING TO BE IS AGREEING AS TO WHAT TRIGGERS THAT. IS IT ONE GOLF BALL, FIVE GOLF BALLS? AND I THINK IF YOU DON'T GET AGREEMENT, I DON'T KNOW THAT YOU CAN NECESSARILY COMPEL THAT FUTURE SWITCH. SO WHAT I HEAR YOU SAYING IS THERE WOULD HAVE TO BE SOME SPECIFIC, EVENT WHICH IN THIS CASE WOULD BE GOLF BALLS LANDING ON THE CHURCH PROPERTY. YOU'D HAVE TO FIGURE OUT WHAT THAT IS. AND AGAIN, FROM A I MEAN, TYPICALLY THAT BECOMES A PROPERTY OWNER DISPUTE AS OPPOSED TO A ZONING DISPUTE WHEN IT COMES TO THOSE ISSUES, GOLF BALLS ON THE PROPERTY. ALL RIGHT. I'M GOING TO ASK YOU TO GO OUT OVER YOUR SKIS A LITTLE BIT, BUT, WHAT WOULD THAT DISPUTE LOOK LIKE? WELL, I SUPPOSE I MEAN, IT'D BE IT'D BE THE SAME. ANY DISPUTE BETWEEN TWO PROPERTY OWNERS ABOUT SOMEONE ELSE INFRINGING UPON THEIR RIGHT TO USE THEIR PROPERTY, I DON'T KNOW IF IT'S A NUISANCE. I DON'T KNOW IF IT'S A CRIMINAL TRESPASS OR. AND THE RIGHT TO USE THE PROPERTY WOULD BE THE RIGHT THAT WAS EMBEDDED IN THE ZONING. WELL, YEAH. THE HYBRID WHATEVER. RIGHT. THEY HAVE TO USE THE PROPERTY OUT OF THE CHURCH, WHATEVER IS. WHEN THEY ACQUIRED IT, ZONED IT, LIVED IT, USED IT, ALL THAT FUN STUFF THAT GOES WITH IT. SO WHAT WE SO WHAT WE PUT IN THE ZONING WOULDN'T MAKE ANY DIFFERENCE. IT WOULD BE WHATEVER THEIR RIGHTS WERE, ABSENT THE ZONING, THE CHURCH. YES SORRY, I WASN'T CLEAR ON THAT. I WELL, IF YOU COME TO AN AGREEMENT AGAIN ON THE GOLF BALLS AND THE PROPERTY TRIGGERING A CHANGE. SO I HEAR WHAT YOU'RE SAYING. YOU'RE SAYING THAT THE CHURCH AND THE APPLICANT CAME TO A SEPARATE CONTRACTUAL AGREEMENT, THEN THAT WOULD BE ENFORCED SEPARATELY FROM WHATEVER WOULD BE IN THE ZONING. YEAH. SO I SUPPOSE, AS WITH ANY DISPUTE BETWEEN TWO PEOPLE, YOU CAN ALWAYS COME TO AN AGREEMENT. SO DOWN THE ROAD, IF THEY STILL HAVE A DISPUTE SEPARATE AND APART FROM ZONING, THEY CAN STILL COME TO AN AGREEMENT TO TRY TO RECTIFY THAT DISPUTE. CAN WE MAKE THE ZONING CONDITION ON THE AGREEMENT BETWEEN THE PARTIES? CAN'T FORCE IT ON THE CHURCH SIDE. I'M JUST ASKING OUR LEGAL COUNSEL IF HE'S THE ANSWER IS NO, THEN HE SHOULD SAY THAT I'M SORRY. I APPRECIATE YOUR LAWYER. I APPRECIATE YOUR OPINION, BUT I'M TRYING TO SET A RECORD HERE, SO I'LL TEND TO AGREE AND SAY NO. WE CAN'T. WE CAN'T CONDITION IT UPON WHAT THE CHURCH SAYS. YOU YOU'VE GOT AN OBLIGATION TO YAY OR NAY OR YAY WITH CONDITIONS. OKAY. YEAH OTHER MEMBERS OF THE PUBLIC WISH TO SPEAK. SORRY, GUYS. LOOK,

[00:55:04]

THIS IS PRETTY SIMPLE. DO YOU GUARANTEE THAT THERE ARE NO BALLS GOING TO GET IN A CHURCH FIELD WITH THIS PROCESS? IS THA. THAT'S PROOF OF CONCEPT. NO BALLS. GETS OVER THERE. WE GOT NO COMPLIANCE. IF ONE BALL GETS IN THERE, YOU'RE NOT MEETING THE REQUIREMENT. IT'S JUST THAT SIMPLE. DO YOU HAVE A NUMBER OF HOW MANY TO MANY. THIS IS TO COUNSEL FOR THE APPLICANT. WITH RESPECT, WE'RE HERE ON A MODIFICATION TO THE LANDSCAPING THAT'S APPROVED FOR A FINAL DEVELOPMENT PLAN. WE'RE NOT HERE TO MAKE GUARANTEES AS TO WHAT PEOPLE WILL OR WILL NOT DO ON THE SITE. WE'RE DOING OUR BEST TO COMPLETELY REVISE THIS, THIS TO A SHORT PRACTICE PRACTICE AREA. IN SHORT, YOU DON'T HAVE A NUMBER. THERE'S THAT'S THERE'S NO APPROPRIATE RESPONSE TO THAT QUESTION. I ASKED IF YOU HAD A NUMBER AND IT'S A YES OR NO QUESTION. NO, I DO NOT. THANK YOU. THE GOAL NUMBER WAS ZERO. WOULD THE LIMITED FLIGHT NUMBERS, THE LIMITED FLIGHT GOLF BALLS GET YOU THERE MORE THAN ANY BALL WOULD AT THE END OF THE DAY, THE LIMITED FLIGHT GOLF BALLS DO EXACTLY WHAT WE SAID SIX MONTHS AGO, WHICH IS REDUCED THE DISTANCE. OKAY THE SIMPLE POINT, THOUGH, IS THAT 150 YARDS IT DOESN'T MATTER. THE NETTING IS 146 YARDS AT ITS CLOSEST. THE EXISTING NET THAT'S BLOCKING THE CHURCH'S PROPERTY. WHEN YOU'RE USING IRONS, THIS ISN'T AN ISSUE. THE ONLY REASON WHY I'M SAYING IT'S NOT REALLY A RELEVANT CONCERN IS THAT WE GOLFERS, PARTICULARLY WITH THE SHORT IRONS, WITH OUR WEDGES, REALLY WANT TO DIAL IN THE DISTANCES WITH SOME SPECIFICITY. AND WHEN YOU USE THE LIMITED FLIGHT BALLS, IT PREVENTS YOU FROM BEING ABLE TO DO THAT. THAT'S ALL. SO WHY SHOULDN'T WE REQUIRE IT FOR THIS CASE FOR ON BEHALF OF THE GOLFERS, WHEN WE'RE USING OUR WEDGES AND OUR SHORT IRONS, SMALL YARDAGE IS REALLY MATTER WHEN WE'RE TRYING TO DIAL IN WHICH CLUB WE USE UNDER WHICH CIRCUMSTANCE AND HOW HARD WE SWING. AND SO WHEN YOU USE A LIMITED FLIGHT BALL THAT MAKES THAT A VERY DIFFICULT, IF NOT IMPOSSIBLE. AND THAT'S THAT'S THE ONLY REASON FOR THE CONCERN OTHERWISE IS THEY'RE OPERATIONAL. FUNCTIONALLY, WE HAVE LIMITED FLIGHT BALLS. NOT A BIG DEAL. WE CAN DO THAT. IT'S JUST ON BEHALF OF THE GOLFERS. ANYONE ELSE FROM THE PUBLIC? OTHER QUESTIONS FROM THE COMMISSION? NO, I JUST I, I UNDERSTAND WHAT YOU'RE SAYING ABOUT THE GOLF. WE WANTED TO BE PRECISE AND WORKING ON THEIR GAME. I JUST WITH ALL WE'VE BEEN THROUGH THE CHANGES WHICH AGAIN I, I APPRECIATE YOU GUYS HAVE COME BACK TO THE TABLE 3 OR 4 TIMES AND REALLY TRIED HARD. I I PERSONALLY WOULD FEEL MORE COMFORTABLE IF YOU, IF YOU USED THE SHORTER FLIGHT BALLS. I WOULD AGREE WITH THAT. OKAY AND ON BEHALF OF THE APPLICANT WE'RE OKAY WITH THAT. THANK YOU. THANK YOU. I MOVE FOR ACCEPTANCE OF THE STAFF REPORTS AND RELATED DOCUMENTS INTO THE RECORD FOR FINAL DEVELOPMENT MODIFICATION ZERO EIGHT 2024, NOTING THAT THE MAP THAT WAS DIAGRAMED THAT WAS PASSED OUT TONIGHT MATCHES THE ONE THAT WAS IN THE PACKET. DO I HEAR A SECOND ON THE DOCUMENTS AND THE ADDITIONAL DOCUMENT FROM GEORGE AND GEORGE'S DOCUMENT? THANK YOU. I'LL SECOND THAT.

OKAY. IS THAT YOU, HANS? YES. OKAY. THANK YOU. ANY DISCUSSION ON THE MOTION FOR THE DOCUMENTS? OKAY. OR THE ROLL, PLEASE, MR. KIRBY? YES MR. SHELL? YES. MR. LARSON? YES. MR. WALLACE OH, THAT'S A YES. THE MOTION PASSES. THERE ARE FOUR VOTES TO ADMIT THE DOCUMENTS, INCLUDING THE DOCUMENTS SUBMITTED TONIGHT. THANK YOU. ALL RIGHT, LET'S WALK DOWN EVERYONE'S CONDITIONED LIST AND SEE IF THEY'VE CHANGED SINCE THE LAST TIME WE WALKED DOWN A CONDITIONED LIST. I DON'T THINK THERE WERE ANY MORE SINCE WE TALKED, WAS ANY. LET'S SEE. SO THERE WAS A REQUEST FROM THE CHURCH, THAT 150 YARDS BE CODIFIED IN CONDITION ONE. I DON'T THINK THAT WAS AGREED TO.

I THAT'S WHY I WANTED TO DISCUSS IT, TO SEE WHETHER WHAT WE WANTED TO DO WITH THAT. ALL RIGHT. SO TWO, THREE AND FOUR ARE NOT IN CONTENTION. I GUESS FIVE BOTH THE APPLICANT AND THE NEIGHBOR DON'T REALLY WANT THAT ONE. SO AS SUBMITTED, CAN WE, CAN WE REMOVE A CONDITION THAT

[01:00:04]

THE STAFF RECOMMENDED? YEAH. THESE ARE JUST RECOMMENDATIONS OKAY. I MEAN IF YOU FEEL STRONGLY ABOUT IT WE CAN CONTINUE TO DISCUSS WHETHER IT OUGHT TO STAY IN THERE, NO. OUR GOAL AND INTENT WAS TO RESULT IN AGREEMENT. SO WE'RE GLAD TO HEAR THAT AGREEMENT WAS, WAS COME TO.

OKAY, STRIKE NUMBER FIVE. SO WE STRIKE NUMBER FIVE. WELL, MAYBE THE CONDITION SHOULD BE THAT THE DESIGN OF THE TS IS AS AS SUBMITTED WAS SUBMITTED, WHICH IS THE DEFAULT FOR EVERYTHING.

WELL, I GUESS THAT'S TRUE, SIX. WHAT DO I HEAR ON SIX? STRAIGHT UP LIMITED FLIGHT. SIX. SIX, SIX IS BACK AS WRITTEN. SIX IS BACK AS AS WRITTEN. BECAUSE I THINK I HEARD THE APPLICANT AGREE TO SIX. RIGHT. THANK YOU. SEVEN, WE HAVE AGREEMENT FROM THE APPLICANT IF BALLS ARE FOUND ON CITY PROPERTY, SEVEN GETS REINSTATED. OTHERWISE IT'S HELD IN ADVANCE, SINCE THE CITY IS THE PROPERTY OWNER ON THAT SIDE, I'M NOT WORRIED SO MUCH ABOUT THE. THEY SAID. THEY SAID KIND OF. YEAH, IT WOULD BE THE CITY DOING IT AND THE CITY KNOWS IT'S A ZONING ISSUE. SO HOW DOES THAT AFFECT THE CONDITION OR CONDITION SEVEN IS HELD IN ABEYANCE UNLESS BALLS ARE FOUND ON THE CITY PROPERTY. BUT THAT'S THE PROBLEM WE WERE TALKING ABOUT BEFORE IS THE CONDITIONAL CONDITION. I DON'T THINK WE CAN DO THAT, THEY AGREED TO IT. YEAH, YOU CAN DO IT BY AGREEMENT. I JUST ENFORCING IT IN PRACTICALITY. IT MAY BE TOUGH, BUT IF THEY'RE AGREEABLE TO IT, THEN WE CAN REVISIT IT, RIGHT? IT'S NOT LIKE THE CITY HAS TO BE THE INTERMEDIARY. OH, IT'S A ZONING ISSUE. NO IT'S NOT. YES IT IS. NO IT'S NOT. THE CITY IS ON THE OTHER SIDE OF THE ISSUE. IN THAT CASE, FOR A DIFFERENT LANDOWNER, IT WOULD BE DIFFERENT. OKAY. I DON'T HAVE A I MEAN, OKAY, IT'S AN ESSENTIALLY THE WAY I SEE IT, IT'S AN UNENFORCEABLE CONDITION.

BUT ARE WE GOING TO WORK THAT INTO ITEM. BUT MAYBE THE APPLICANT AND THEIR WILLINGNESS TO BE GOOD CITIZENS, THEY'LL PUT IT IN IF THE CITY COMPLAINS ABOUT IT. ALL RIGHT. SO WE HOLD IT IN ABEYANCE, ON ONE HAND, WE'LL PROVIDE GUIDANCE TO GOLFERS AS PART OF ONE. BUT DID WE WANT TO TALK ABOUT THE MAXIMUM 150 YARDS THERE? THAT'S PROBABLY THE PLACE TO PUT THE GUIDANCE IS THAT THE GOAL IS 150 YARDS TO THE APPLICANT. SO I JUST WANT TO BE CLEAR WITH ANY REVISION TO THIS FIRST CONDITION AS TO WHAT SPECIFICALLY IS BEING PROPOSED HERE. SO THE GUIDANCE TO THE GOLFERS ABOUT WHAT IRON TO PICK AND THAT IT'S SHORT RANGE, THAT ONE OF THE ITEMS COMMUNICATED TO THEM IS THE GOAL IS 150 YARDS. SO YEAH. SO IF WE'RE TALKING ABOUT SIGNAGE WITH RESPECT TO THE DISTANCE, THAT'S THAT'S FINE. I THINK THAT'S MAYBE SEPARATE AND APART FROM CONDITION ONE AND ITS OWN CONDITION. I THINK INSTEAD OF SPECIFYING THE TYPE OF GOLF CLUB I DON'T SPEAK FOR THESE THESE MEN, BUT I THINK THAT THEY'RE SAYING INSTEAD OF SPECIFYING THE TYPE OF GOLF. THEY WANT TO SPECIFY THE YARDAGE TO BE USED. IS THAT RIGHT? NO, NO, THAT'S NOT RIGHT. OPENING IT TO DRIVERS AND POTENTIALLY. THEIR ADVICE TO THEIR GOLFERS IS THAT YOUR SELECTION OF WHAT YOU'RE SWINGING IS BASED ON THE IDEA THAT YOU'RE SHOOTING FOR 150 YARDS, NO MORE THAN 150 YARDS, BECAUSE THAT'S WHAT THE COURSE IS CALIBRATED TO. RIGHT. BUT YOU'RE SAYING DON'T I'M SAYING IF HIS DAUGHTER WANTS TO TRY FOR YOU KNOW, HER DRIVER, SHE CAN GET 150 YARDS. SO WHEN IT GETS OVER 150, THE DOOR TO WHATEVER CLUB YOU WANT. THANK YOU. SO I JUST WANT TO MAKE SURE WE'RE ALL ON THE SAME PAGE BECAUSE THE VARIABILITY OF THE GOLFERS, WE CAN'T LEGISLATE AND MAKE IT WORK. AN EXACT NUMBER AND SAY YOU KNOW NUMERICALLY FIVE AND UP OR SOMETHING LIKE THAT. IT DOESN'T WORK BECAUSE NOT EVERYBODY COULD SHOOT THAT WITH A FIVE. RIGHT? SO WE'RE AIMING FOR YARDS. WE'RE AIMING FOR YARDS. SO OKAY. SO SO ARE YOU TAKING SHORT LOFTED IRON GOLF CLUBS OUT. NO IT'S A SHORT GAME AND LONG GOLF. THESE SHORT LOFTED IRON CLUBS, I KNOW WHAT YOU'RE GETTING. I WONDERING WHAT THEY'RE GETTING, AND I HAVE ONE.

WE'LL PROVIDE GUIDANCE TO GOLFERS THAT THE GOAL IS TO HIT NO FURTHER THAN 150 YARDS. YEAH BUT, ANDREA, ARE YOU TALKING ABOUT. YOU WOULD BE OKAY LETTING A YOUNGER PERSON USE A DRIVER IF THEIR MAX WAS 150? WELL, I DON'T, I'M JUST WONDERING WHAT HOW YOU WANT TO WRITE IT. IF YOU WANT TO WRITE IT, THAT IT'S A YARDAGE GOAL OR AN EQUIPMENT GOAL. IT'S BOTH. IT'S BOTH ONE IN SERVICE TO THE OTHER. IT'S BOTH. YEAH OKAY. SELECTION OF CLUB IS BASED ON USE. ANY CLUB

[01:05:01]

THAT HAS A WELL OF COURSE THERE'S SOME IRONS. HAVE HAD COVERS TOO. BUT BUT NOW WE GET START GOING DOWN THE BACK. BUT THE IDEA IS THAT YOU CAN'T USE CLUBS THAT TYPICALLY HAVE A COVER, WHICH WOULD BE A WOULD YOU ONLY USE SHORT LOFTED IRONS? BUT SINCE SOME GOLFERS CAN GET HIGHER IRONS FURTHER THAN 150 YARDS, THE IDEA IS THAT THEY'RE GOING TO BE TOLD, DON'T USE A CLUB THAT'S MORE THAN 150 150 YARDS, BECAUSE THAT'S WHERE THE GREEN IS NOW. I DID NOTE IN THE THERE IS ROOM BEHIND IT. SO YOU'RE GOING TO HAVE SOME CRAZY GOOFBALLS THAT ARE GOING TO HIT IT OVER THE SO EVEN THE OVER THE BOUNDS. BUT THAT'S YOU'RE JUST GOING TO HAVE TO CONTROL THAT.

AND IF THEY ROLL INTO THE CITY'S PROPERTY AND IT GOES 286 YARDS AND YOU'RE GOING TO HEAR FROM THE CITY. SO YEAH, I MEAN, IT MAKES SENSE TO ME. I JUST WANT TO MAKE SURE. ALL RIGHT. SO THAT TOOK US THROUGH THE FIRST SEVEN CONDITIONS, AS FROM THE STAFF REPORT. ALL RIGHT. DID WE. AND I HAD SOME OTHERS, BUT I DON'T THINK WE HAVE THE SAME NUMEROLOGY NUMBER. OUR NUMBERING ISN'T THE SAME. FOR ME, MY NUMBER EIGHT IS COMMUNICATION WITH THE NEIGHBORS IS A RESPONSE IN TWO BUSINESS DAYS. MAX, THAT'S YOUR EIGHT? YEP ALL RIGHT. MY NUMBER NINE IS CLEARLY MARKED DISTINCTIVE BALLS. WHICH THEY'RE ALREADY USING. TEN WAS. WAIT A SECOND, BECAUSE DO THE LIMITED FLIGHT GOLF BALLS SAY LIMITED FLIGHT GOLF BALL ON THEM OR THEY'RE JUST LIMITED FLIGHT? THEY SAY PRACTICE AND HAVE THE STRIPES ON THEM. I BELIEVE BOTH. I MEAN, IT'S GOOD. IT'S REALLY UP TO THE MANUFACTURER. THERE'S NOT LIKE A SPECIFICATION, BUT THEY TYPICALLY HAVE PRACTICE BALL, LIMITED FLIGHT RANGE, BALL, THOSE KINDS OF MARKINGS. BECAUSE THE CONDITION THAT NEIL JUST JUST READING SORT OF IMPLIED TO ME THAT THE BALL HAS TO HAVE LIMITED FLIGHT WRITTEN ON IT. AND I DON'T KNOW THAT THAT WE NECESSARILY NECESSARILY WANT TO AGREE TO THAT OR WE WANT TO PUT THAT CONDITION ON YOU. HOW ABOUT A BALL DESIGNED TO BE LIMITED FLIGHT? BUT I THINK THAT'S I THINK THAT'S CAPTURED BY THE CURRENT CONDITION. THE GOAL FOR THE FOR THE CLEARLY MARKED DISTINCTIVE BALLS WAS THAT SO YOU COULD TELL IF SOMEONE HANDED YOU A BALL AND THEY SAID, THIS CAME ON MY PROPERTY. YOU SAY WE DON'T WE DON'T GIVE THOSE OUT. THAT'S NOT OURS. MY GOAL WAS THAT IT ALL, BUT HAVE THE CLUBS AND LABEL ON IT, YOU KNOW. SO IF ALL YOU SHOOT WAS, YOU KNOW, BRIGHT ORANGE BALLS AND EVERYBODY ELSE SHOOTS WHITE BALLS, THEN, YOU KNOW, IF IT'S NOT AN ORANGE BALL WHEN ONE OF YOURS AND IGNORE THAT, I UNDERSTAND THE CONCERN.

SURE. KIRBY THE ISSUE IS THAT WE'RE NOT WE HAVE NO CONTROL OVER HOW THE MANUFACTURERS MARK THESE BALLS OR LABEL THESE BALLS. AND BECAUSE IT'S A ZONING CONDITION, MY MIND IS GOING TO GO AWAY. NO, I THINK WHAT NEIL'S SAYING IS HE WANTS TO MAKE SURE THAT IF THERE'S A DISPUTE DOWN THE ROAD AND THE CHURCH COMES IN WITH A BALL AND SAYS, HEY, THIS BALL IS ON OUR PROPERTY, YOU CAN SAY, WE'RE SORRY, THIS IS OUR BALL. AND WE APOLOGIZE. OR YOU SAY, THAT'S NOT OUR BALL. WE DON'T HAVE NO IDEA WHERE IT CAME FROM. BUT THAT WOULD HAPPEN EVEN IF IT HAD LIMITED FLIGHT OR NOT.

CORRECT. I WOULD SEEM TO ME WOULD BE THE BEST IS IF YOU ALL INTEND TO BUY THE BEST LIMITED FLIGHT MATERIALS LIKE WE SAW, THE ONES THAT YOU ALREADY HAVE AND HAVE SOME SORT OF LOGO ON THEM, RIGHT? AND WE KNOW THAT THOSE ARE YOUR BALLS. SO CONDITION LINE GOES AWAY.

THERE'S TWO PART. ALL RIGHT ALL RIGHT. SO WE DON'T NEED WE DON'T NEED YOUR CONDITION NINE. YEAH.

IT IS NOT PRACTICAL. TREES AND MOUNDS SUBJECT TO CITY LANDSCAPE APPROVAL. THAT'S GOING TO BE NINE NOW. THEN IT BECOMES NINE, SIGNAGE CONTENT CONSISTENT WITH PROPOSAL BECOMES TEN. THAT'S MY TEN. AND I AT 11 COMMUNICATE TO MEMBERS AND USERS CHANGES IN OPERATIONS. THAT'S WHY 11.

THAT'S NOW MY 11 AS WELL. OKAY. I THINK WE'RE TOGETHER ON THOSE. ALL RIGHT. WHAT WAS TEN, TEN BECAME SIGNAGE CONTENT CONSISTENT WITH THE PROPOSAL. ALL RIGHT. SO BEFORE WE PUT THIS TO A VOTE TO THE APPLICANT, ARE YOU UNDERSTAND, EACH OF THE CONDITIONS AND ARE YOU IN AGREEMENT WITH THEM? ALL RIGHT. WE WERE NOT FOLLOWING ALONG. NO, NO. THAT'S OKAY. YES WE JUST WANT TO MAKE SURE. SO I HAVE THIS NUMBER ONE, IN ADDITION TO THE TEXT THERE THAT PROVIDE GUIDANCE TO THE GOLFERS SO THAT THE STATED GOAL IS TO BE SHOOTING 150 YARDS FOR SELECTION OF CLUB TWO, THREE AND FOUR AS WRIT, FIVE GOES AWAY AND WE USE THE AS SUBMITTED PROPOSAL. SIX STAYS AS WRITTEN. SEVEN HAS THE IF BALLS ARE FOUND ON CITY PROPERTY. THE BLACK NETTING BECOMES A CONDITION OF APPROVAL. AND THEN THE BACK HALF WAS A CONDITION WITH THE NEIGHBORS RESPOND IN TWO BUSINESS DAYS. MAX NINE TREES AND MOUNDS SUBJECT TO CITY LANDSCAPE APPROVAL. TEN SIGNAGE CONTENT CONSISTENT WITH PROPOSAL AND 11 COMMUNICATE TO MEMBERS AND USERS

[01:10:08]

OF THE CHANGES IN OPERATION. THE APPLICANT AGREES WITH THIS. 11 CONDITIONS. THANK YOU. FURTHER DISCUSSION BETWEEN COMMISSION MEMBERS OR STAFF. ARE WE CLEAR ON CONDITIONS? NUMBER 11 WAS COMMUNICATE TO MEMBERS AND USERS THE CHANGES IN OPERATION. THANK YOU. GARY A MOTION FOR FINAL DEVELOPMENT MODIFICATION OH EIGHT 2024. SO MOVE TO APPROVE APPLICATION F008 2024. BASED ON THE FINDINGS OF THE STAFF REPORT AND SUBJECT TO THE CONDITIONS THAT NEIL JUST READ OFF. SO I DON'T HAVE TO READ THEM AGAIN, ARE WE ALL CLEAR ON THE CONDITION I AM, YES. DO I HEAR A SECOND? I'LL SECOND THAT. ANY DISCUSSION OF THE MOTION. CAN YOU THE ROLL PLEASE, MR. WALLACE? YES. MR. SHELL. YES. MR. LARSON. YES, MR. KIRBY? YES, THE MOTION PASSES. THERE ARE FOUR VOTES IN FAVOR OF THE APPLICATION WITH THE FOLLOWING, WITH THE CONDITIONS IN THE STAFF REPORT, WITH THE FOLLOWING MODIFICATIONS. NUMBER ONE, THERE SHOULD BE NOTIFICATION THAT TO SHOOT 150 YARDS MAXIMUM. WELL, IT'S SUPPOSED TO INCLUDE THE ORIGINAL LANGUAGE ON CONDITION ONE WITH THE ADDITION OF THE PHRASE YOU JUST SAID, WE'LL PROVIDE GUIDANCE TO THE GOLFERS THAT THE GOAL IS TO SHOOT 150 YARDS. OKAY AND THAT THAT IS GUIDANCE IN THE SELECTION OF CLUB. OKAY. TWO, THREE AND FOUR ARE THE SAME. NUMBER FIVE IS DESIGN OF THE DESIGN OF THE TREES AS SUBMITTED. THE T THE T SORRY THE TEES AS SUBMITTED EFFECTIVELY CONVEX CONDITION FIVE IS EFFECTIVELY REMOVED RIGHT. CONDITION SIX IS AS WRITTEN. YES. CONDITION SEVEN IS HELD IN ABEYANCE UNLESS THE BALLS ARE FOUND ON CITY. UNLESS BALLS ARE FOUND ON CITY PROPERTY. THANK YOU. NUMBER EIGHT COMMUNICATION WITH NEIGHBORS, WITHIN 2 TO 2 BUSINESS DAYS AND TWO BUSINESS DAYS. NUMBER NINE, I THINK THAT TO BE CLEAR, THAT WAS TO BE IN RESPONSE TO COMPLAINTS, I BELIEVE. THANK YOU. WE THAT'S CLEAR. WELL, ALSO THEY SAID SO THEY CAN COORDINATE THINGS LIKE, HEY, WE'RE HAVING A OKAY. FAIR ENOUGH. LET'S SAY WE HEAR YOU AND WE, WE'RE GOING TO GET BACK SO THAT THERE'S NOT A BLACK HOLE AT ONE END WHEN ONE END NEEDS TO TALK TO THE OTHER ABOUT OPERATION. WE SAY RESPOND TO COMPLAINTS AND OTHER COMMUNICATIONS FROM NEIGHBORS. THAT'S WHY I STARTED WITH COMMUNICATIONS. OKAY GO AHEAD WITH NUMBER NINE. TREES AND MOUNDS. TREES AND MOUNDING, SUBJECT TO STAFF APPROVAL. CITY LANDSCAPE STAFF. YEAH, NUMBER TEN, SIGNAGE CONSISTENT WITH THE PROPOSAL. SIGNAGE CONTENT.

SIGNAGE CONTENT. SORRY. YES. AND NUMBER 11, COMMUNICATION TO MEMBERS AND USERS. THE CHANGES IN OPERATION. THAT'S WHAT I HAV. THAT'S WHAT I HAD TO. CONGRATULATIONS. THANK YOU. GOOD LUCK. AND THANK YOU FOR ALL THE MOTION AND COMING TOGETHER. WE APPRECIATE THE HARD WORK TO GET TOGETHER AND ACTUALLY COME TOGETHER WITH A PROPOSAL THAT WAS ABLE TO BE APPROVED. THANK YOU VERY MUCH. YEAH. THANKS EVERYBODY. BRINGS US TO VARIANCE. WHAT TIME IS IT? OKAY.

ARE WE GOOD TO KEEP GOING EVERYBODY. SO JOHN. ALL RIGHT. BRING US TO VARIANCE 57 2024.

THANK YOU. CAN WE HEAR FROM STAFF PLEASE. YES THIS IS A REQUEST FOR A VARIANCE TO ALLOW A LOT THAT DOES NOT ABUT A PUBLIC OR PRIVATE STREET. THE SITE IS LOCATED AT 5700 THOMPSON ROAD AND IS PART OF THE NEW ALBANY COUNTRY CLUB GOLF COURSE. THE PROPERTY IS 23.2 ACRES IN SIZE, AND THE APPLICANT REQUEST IS SPLIT OFF 6.45 ACRES OFF THE SITE, CREATING TWO LOTS, ONE LOT BEING 16.75 ACRES, AND TO REMAIN AS THE GOLF COURSE AND ONE BEING THE 6.45 ACRE LOT IN QUESTION, WHICH IS THIS ONE RIGHT HERE. AND HERE YOU CAN SEE THE PROPOSED LOT DEPICTED BY THE YELLOW DASHED LINE. HERE ON THE MAP YOU CAN SEE THE PROPERTY IN QUESTION OUTLINED IN GREEN. AND THE PROPOSED SPLIT SHOWN BY THE YELLOW LINE. THE INTENT OF THE VARIANCE IS FOR THE 6.45 ACRES TO BE PART OF THE ESTATE. PROPERTIES TO THE NORTH. HOWEVER, THE SITE IS ALMOST ENTIRELY ENCOMPASSED BY THE CITY OF COLUMBUS PROPERTY, WHICH IS HATCHED IN THE RED. THE PROPOSED LOT CANNOT LEGALLY BE COMBINED WITH THE CITY OF COLUMBUS PROPERTY, SINCE THEY ARE WITHIN A DIFFERENT TAX DISTRICT, MEANING THAT THE REQUEST CANNOT BE SOLVED IN ANOTHER MANNER, BUT THE RECOMMENDED CONDITION THAT NO RESIDENCES SHALL BE PERMITTED ON THE 6.45 ACRE LOT. THE VARIANCE DOES NOT APPEAR TO BE SUBSTANTIAL. WE'RE HERE. IF YOU HAVE ANY QUESTIONS, PRETTY

[01:15:03]

SIMPLY, IF THIS WAS ALL IN THE SAME MUNICIPALITY, THIS WOULD NOT BE A VARIANCE. CORRECT? YEP.

THEY COULD COMBINE. YEAH SO ANY ENGINEERING? OKAY. ANYTHING FROM THE APPLICANT, JUST REAL QUICKLY. AARON UNDERHILL. UNDERHILL AND HODGE AT 8000 WALTON PARKWAY HERE IN NEW ALBANY. YES, NEIL. THAT'S EXACTLY IT. WE HAVE A THIS IS THE ONE THAT WILL SHOW, RIGHT? YEAH. IT'S THE RED BUTTON. THE RED BUTTON AT THE TOP IN THE MIDDLE. THERE WE GO. THERE YOU GO. OKAY SO YES, WE HAVE THESE TWO ARE IN THESE TWO PARCELS ARE IN THE CITY OF COLUMBUS. I WANTED TO MENTION YOU'LL SEE THIS LINE RIGHT HERE TOO. WE ARE WORKING WITH THE CITY OF COLUMBUS TO GET, ITS OWN VARIANCE. WELL WE'RE NOT GOING TO NEED A VARIANCE THERE BECAUSE OF THEIR PROCESS, BUT WE'RE GETTING APPROVALS FOR THAT SPLIT AS WELL, THIS PARCEL RIGHT HERE IS IN THE CITY OF COLUMBUS. CITY OF COLUMBUS SCHOOLS, WHICH IS, TAX PARCEL TAX DISTRICT 010.

THIS IS IN, COLUMBUS WITHIN THE NEW ALBANY SCHOOL DISTRICT, WHICH IS TAX DISTRICT FIVE, FOUR, FIVE. AND THEN WE HAVE THIS, WHICH IS IN ALBANY, NEW ALBANY, WHICH IS TWO, TWO, TWO.

SO IN ORDER TO KEEP THE TAXING DISTRICTS WHOLE, IN TERMS OF THEM KNOWING WHO'S COLLECTING TAXES AND WHO THE TAXES ARE BEING PAID TO AND THE AUDITOR REQUIRES US TO MAINTAIN THE, YOU KNOW, THOSE DISTINCTIONS BETWEEN THEM. SO, THIS THIS PIECE HERE THAT WE'RE SPLITTING OFF IS PART OF THE GOLF COURSE, ONE OF THE EARLIER SLIDES SHOWED YOU THAT THE GOLF HOLES HERE, BUT WE'RE GOING TO WE'RE GOING TO SPLIT THIS OFF AND MAKE IT PART OF A LARGE ESTATE PROPERTY TO BE SOLD TO A THIRD PARTY. AND, REALLY, THIS IS THE CLASSIC VARIANCE IN TERMS OF PRACTICAL DIFFICULTY IN THAT WE THERE'S REALLY NOTHING WE CAN DO ABOUT IT. IT'S A LEGAL ISSUE WITH THE TAX TAXING JURISDICTION. SO THAT'S THE REASON FOR THE REQUEST. IT'S REALLY MINOR. AND ON THE GROUND.

NO ONE'S GOING TO KNOW THE DIFFERENCE, AS TO WHETHER THIS HAS FRONTAGE ON THE PUBLIC STREET OR NOT. AND AS SIERRA MENTIONED, WE'VE COMMITTED TO ON THE TO BE SPLIT LOT, RIGHT HERE.

NO HOME WILL BE ALLOWED THERE. ANTICIPATE THE HOME WILL BE UP SOMEWHERE IN HERE WHEN IT'S BUILT. SO CAN YOU. I'M SORRY. CAN YOU COMBINE THEM? WE CANNOT. BECAUSE ONCE IT'S SPLIT OFF, CAN YOU COMBINE THEM? NO. SO WHAT ARE YOU GOING TO DO WITH IT? WELL IT'S. SO THIS IS GOING TO BECOME PART OF THIS LARGER. OH IT WILL, IT COULD BE A PART OF THE LARGER. YES. AND WE'RE GOING TO SELL AND CONVEY ALL THESE TOGETHER. OKAY. TO, TO ONE ONE. BUT THEY'LL HAVE TO BUY THREE SEPARATE LOTS. THAT'S RIGHT. WE'LL JUST BE IN THE DEED. THERE'LL BE THREE SEPARATE LEGAL DESCRIPTIONS OF THOSE LOTS, BUT IT CAN STILL BE CONVEYED AS ONE SITE. BUT IT WILL HAVE THREE DIFFERENT TAX PARCELS WITHIN IT, AND THERE WILL BE NO RESIDENTIAL FOREVER ON THAT ONE PIECE ON.

THAT'S RIGHT, THAT'S RIGHT. OKAY CORRECT. AND AARON, I READ IT, BUT WHAT COULD YOU REMIND US WHAT CAN GO ON THERE, WE WANT THE ABILITY TO DO ACCESSORY TYPES OF IMPROVEMENTS, LIKE PATHS, I DON'T KNOW IF. TOM, MAYBE YOU CAN SPEAK TO THAT. YEAH WE'RE WE'RE WORKING WITH, AN INDIVIDUAL THAT IS, POTENTIALLY PURCHASING ABOUT 55 ACRES. IT'LL BE THREE SEPARATE LOTS, STILL WORKING. WE CALL THIS PARCEL ROB'S POND. THERE'S A POND IN THE NORTHERN PORTION OF IT. IS THAT ROB, THE GUY THAT HELPED BUILD BACK IN THE DAY? IT IS? YEAH, EXACTLY. NAMED AFTER HIM, SO THERE MAY BE PATHS THAT WOULD EXTEND THROUGH THERE. THERE MAY BE, IT'S CHOCK FULL OF WETLANDS. AND THERE'S A STREAM, OBVIOUSLY, THAT EXTENDS THROUGH THE MIDDLE OF IT. SO NO, NO HOME LOCATED THERE. WOULD THERE BE AN ACCESSORY STRUCTURE MAYBE TO, YOU KNOW, TO BE DETERMINED THAT THAT'S A WHOLE SEPARATE PERMITTING PROCESS THAT WE WOULD HAVE TO, COME BACK TO THE CITY TO DISCUSS IN DETAIL THE APPLICANT IS WORKING THROUGH SOME DESIGN CONCEPTS NOW RELATED TO THE POND AND ACCESS AND DRIVEWAY AND THE LIKE, BUT, PRIMARILY PATHS. GOTCHA. THANK YOU. OH WEST NINE, SUBAREA FOUR. SO BY YOU'RE ON THE GROUND ZONING RIGHTS IS GOLF COURSE OR GOLF COURSE PLUS RESIDENTIAL. THE EXISTING ZONING RIGHTS I BELIEVE IT IS RESIDENTIAL OR RESIDENTIAL OR. OKAY OKAY, ON THE COLUMBUS SIDE, WHAT ARE THE ZONING? 1 OR 2 ZONING CLASSES TO THE NORTH? THE IN OUR SCHOOLS, IN THE COLUMBUS SCHOOLS, IT'S ZONED R 12 OR 12 UNITS PER ACRE.

YEAH. OKAY HOW DID THAT. I'M SORRY, R 12 ZONING, YOU KNOW, DATES BACK TO THE EARLY 90S, I

[01:20:12]

BELIEVE. YEAH. SO I, I DON'T KNOW THAT EVEN YOU WERE AROUND AT THAT POINT. I WAS ACTUALLY, I WAS I WAS IN FACT, I WAS ON THE COMMISSION, I MOVED IN IN 85. I CAN'T ANSWER THAT. OKAY. I DON'T KNOW THE ANSWER TO THAT. ALL RIGHT. THE GOOD THING, THE GOOD NEWS IN ALL OF THIS IS JUST THE RED HATCHED AREA, 21 ACRES. THAT'S WITHIN THE CITY OF COLUMBUS. NEW ALBANY SCHOOL DISTRICT WIN, WIN, IT IS LIKELY THAT THE HOME WILL BE NORTH OF THAT, SO, YOU KNOW, THE THREAT OF, YOU KNOW, WHAT IS THAT? 30 ACRES OR SO AT A AT A DENSITY OF 12 UNITS PER ACRE. IS THIS WOULD ELIMINATE THAT. SO THIS IS GOING TO BE A SINGLE RESIDENCE ON ALL THIS. THAT'S CORRECT. YEAH I WAS WONDERING HOW YOU COULD GET YOU KNOW, MORE EXPENSIVE THAN HIGHGROVE. I JUST FOUND OUT HOW.

YEAH THAT'S I GUESS THAT'S HOW YOU DO IT. YOUR PROPERTY HAS A NAME ON IT? YEAH. THANK ON THIS DEPICTION HERE. WHERE IS ROB'S POND? JUST OUT OF CURIOSITY. IT'S JUST AWKWARD, IT WAS HARD FOR ME TO TELL WITH THE CROSS-HATCHING. SO YOU CAN LOOK AT PAGE ONE OF SIX IN THE APPLICATION. I'VE GOT A MAP HERE. IT MAY BE. OKAY. NO, IT'S THIS ONE. IS THERE A DARK SPOTS ON THAT? SO YEAH. THAT'S. SO IT'S THIS LITTLE SHADOWY AREA THERE UP HERE IN THE FRONT, WHICH IS, THAT IS A WETLAND THAT WAS BUILT, WE DID NOT ADD A SPACE. ALONG THE SOUTH SIDE OF DUBLIN-GRANVILLE ROAD IS A WETLAND THAT WAS BUILT. GEEZ, I WANT TO SAY 7 OR 8 YEARS AGO, SOMETHING LIKE THAT. OKAY. SO VERY SIMILAR TO THE WETLANDS THAT WERE JUST BUILT ON THE NORTH SIDE OF THE ROAD IN TAYLOR FARM. WHERE DO YOU ANTICIPATE THE ACCESS TO THE PROPERTY? OFF OF GREENSWARD ROAD? GREENSWARD SURE. OKAY. AND I GUESS THIS IS MORE OF AN ACCOMMODATION TO THE BUYER BECAUSE AND THEY CAN HAVE THEIR OWN PERSONAL WALKING TRAILS IN THE BACK OF THEIR HOUSE. SO, THE BEAUTY OF THIS PARCEL IS THEY'RE ENORMOUS OLD HARDWOODS THROUGHOUT THERE. AS I SAID, THERE ARE WETLANDS ALSO THROUGHOUT THERE, A BIG, BEAUTIFUL NATURAL POND. SO THE IDEA OF PATHS, WALKING PATHS AND GREEN SPACES, YOU KNOW, YOU CAN SEE IT FROM THE GOLF COURSE PRETTY CLEARLY. YEAH. THE POND AS WELL. SO IT'S A PRETTY SPECTACULAR PARCEL. YEAH. THE FRONTAGE ON GREENWOOD IS JUST STUNNING. YEAH I WAS ON MY BICYCLE WITH MY WIFE ON SUNDAY, AND ALL OF A SUDDEN THE TEMPERATURE CHANGES AND THE WHOLE LANDSCAPE CHANGES, AND THERE'S LIKE, BEECH TREES THIS BIG AROUND. YEAH. YOU KNOW, AMONGST EVERYTHING ELSE, IT'S REALLY GORGEOUS. A BEAUTIFUL PARK FOR THE CITY OF NEW ALBANY. THEY HAVE A PARK BANK. OH, NEVER MIND IF THIS TRANSACTION DOESN'T WORK. WHO SHOULD I SPEAK TO? THAT'S ALL RIGHT. THERE'S A BEAUTIFUL PARK DIRECTLY ACROSS THE STREET FROM IT. THAT IS SO. SO I'VE HEARD YOU CAN GET THERE BY BICYCLE. I'VE JUST PROVEN. ALL RIGHT. OTHER COMMISSION, ACTUALLY, ANYONE FROM THE PUBLIC HAVE ANY QUESTIONS OR COMMENTS ON THIS? SO DON'T FORGET THAT. FURTHER QUESTIONS FROM THE COMMISSION. FOR ONCE, WE HAVE A VARIANCE THAT MAKES SENSE AS A VARIANCE. YEAH, THAT'S. I MOVE TO ACCEPT THE STAFF REPORTS AND RELATED DOCUMENTS INTO THE RECORDS FOR VARIANCE 57 2024. DO I HEAR A SECOND ON THE DOCUMENTS? I'LL SECOND. ANY DISCUSSION ON THE MOTION FOR THE DOCUMENTS. CAN YOU HEAR THE ROLL, PLEASE? MR. KIRBY? YES, MR. LARSON. YES, MR. WALLACE.

YES MR. SHELL. YES. MOTION PASSES. THERE ARE FOUR VOTES TO ADMIT THE DOCUMENTS SHOW YOUR MOTION FOR THE VARIANCE ITSELF. I'LL MOVE TO APPROVE APPLICATION VARIANCE. 572024. BASED ON THE FINDINGS IN THE STAFF REPORT, ALL SUBJECT TO STAFF APPROVAL. OKAY. DO I HEAR A SECOND? I'LL SECOND. ANY DISCUSSION ON THE MOTION ON THE VARIANCE. COULD YOU THE ROLL PLEASE MR. LARSON? YES, MR. SHELL. YES. MR. KIRBY. YES. MR. WALLACE YES. THE MOTION PASSES. THERE ARE FOUR VOTES IN FAVOR OF THE APPLICATION. CAN I BET THE CITY OF COLUMBUS THANKS YOU FOR TAKING THAT MANY APARTMENTS, MAKING ONE HOUSE OUT OF THE SCHOOL SYSTEM. THANKS, GUYS. THAT BRINGS US TO FINAL

[01:25:03]

DEVELOPMENT PLAN 59. CAN WE HEAR FROM STAFF? THANK YOU. IT'S BACK TO THE APPLICANT. PREVIOUSLY PROPOSED THE FINAL DEVELOPMENT PLAN IN MAY, BUT THE APPLICATION WAS DENIED BECAUSE THE HOME DID NOT MEET THE HAWKSMOOR STANDARD. THE APPLICANT REQUESTED A RECONSIDERATION FROM THE PLANNING COMMISSION IN JULY AFTER MAKING CHANGES, BUT IT WAS DENIED BECAUSE THE PLANNING COMMISSION DID NOT CONSIDER THE CHANGES MADE TO THE FINAL DEVELOPMENT PLAN SIGNIFICANT ENOUGH FOR APPROVAL. SINCE THEN, THE APPLICANT HAS REDESIGNED THE PROPERTY AND APPLIED FOR A NEW FINAL DEVELOPMENT PLAN. THE PROPERTY IS LOCATED ALONG THE WEST SIDE OF REYNOLDSBURG, NEW ALBANY ROAD, AND IT IS NORTH OF THE HAWKSMOOR SUBDIVISION AND SOUTH OF BELMONT PLACE. THE LOT IS CURRENTLY UNDEVELOPED. THE APPLICANT PROPOSES A NEW ONE AND A HALF STORY, 11,000 SQUARE FOOT RESIDENTIAL HOME. THE SITE PLAN SHOWS THAT ALL SETBACKS ARE BEING MET AND THERE IS AN EXISTING ASPHALT DRIVEWAY THAT WILL CONNECT AN AUTO PORT TO THE HOME. THE DRIVEWAY WILL THEN EXTEND TO THE REAR OF THE HOME TO A TEN CAR GARAGE. THE GARAGE IS CONSIDERED. THE GARAGE IS CONNECTED TO THE HOME BY A BREEZEWAY, WHICH CODE CONSIDERS PART OF THE HOME DUE TO THE CONNECTED ROOFLINES. THE LANDSCAPE PLAN SHOWS A LARGE NUMBER OF TREES AND SHRUBS, AND THE LANDSCAPE MEETS ALL ZONING STANDARDS. IT IS DESIGNED TO SCREEN THE GARAGE FROM THE NORTH AND SOUTHERN PROPERTY LINES. THE APPLICANT PROPOSES THE HOME'S DESIGN AS A RURAL MID-CENTURY MID-CENTURY STYLE. THIS DESIGN IS SIMILAR TO THE SURROUNDING AREA, SUCH AS THE NEW ALBANY FARM SUBDIVISION, AND HAS SIMILAR CHARACTERISTICS AS THE EXISTING HAWKSMOOR HOMES.

DESIGN. THE HOME IS DESIGNED WITH A SLATED ROOF AND BRICK EXTERIOR, WITH A WATER TABLE TO MATCH THE HOME. ALSO, THE HOME FRONTS ONTO REYNOLDSBURG NEW ALBANY ROAD WITH A PROMINENT FRONT DESIGN. THE APPLICANT MADE A SIGNIFICANT MADE SIGNIFICANT CHANGES TO THE FORMER FINAL DEVELOPMENT PLAN IN MAY BY CREATING A COHESIVE ARCHITECTURAL DESIGN THAT IS SIMILAR TO THE SURROUNDING AREA, IT IS DESIRABLE BY FACING REYNOLDSBURG NEW ALBANY ROAD AND THE GARAGES ARE COMPLETELY SCREENED. THE APPLICANT HAS DESIGNED A HOME THAT MEETS ALL ZONING REQUIREMENTS. UNLIKE THE PREVIOUS SUBMISSION SUBMISSION, WHICH REQUIRED VARIANCES AND SHOULD BE CONSIDERED AMONG STAFF, AND AT THIS TIME STAFF WILL TAKE QUESTIONS. THANK YOU.

ANY ENGINEERING? YEAH, WE ASK THAT THE ANY EXISTING UTILITIES ON SITE THAT ARE BEING REMOVED.

THEY PROVIDE EVIDENCE THAT THEY HAVE BEEN ABANDONED IN ACCORDANCE WITH GOVERNMENT REGULATIONS AND THAT FOR CONNECTING UTILITIES, YOU HAVE TO BORE UNDER NEW ALBANY ROAD.

YOU HEAR FROM THE APPLICANT PLEASE. GOOD EVENING, TODD PARKER F5 DESIGN ARCHITECTURE REPRESENTING THE CLIENT ADDRESS IS P.O. BOX 86, NEW ALBANY, OHI. SIERRA DOES A GREAT JOB OF PRESENTING OUR NEW APPLICATION HERE. AND I GUESS MY COMMENTS WE WE'VE TRIED TO REALLY BLEND IT IN WITH SOME OF THE SURROUNDING AREAS, YOU KNOW, THERE ARE SEVERAL WHITEWASHED BRICK HOMES ALONG REYNOLDSBURG, NEW ALBANY ROAD. YOU KNOW, THIS HAS MORE OF A KIND OF THE EUROPEAN STYLE OF GEORGIAN ISH ARCHITECTURE THAT HAWKSMOOR IS. AND SOME OF THE OTHER HOMES ALONG REYNOLDSBURG, NEW ALBANY, AS WELL AS NEW ALBANY FARMS, CHOSE TO GO WITH THE STORY AND A HALF LOOK BECAUSE THAT'S OUR CLIENT IS A, YOU KNOW, OLDER FAMILY THAT DOESN'T NEED A GIANT TWO STORY HOME, AND SO, YOU KNOW, WE'RE WE'RE TRYING TO BE SENSITIVE TO, YOU KNOW, CREATING REALLY LUSH LANDSCAPING. AND IT WILL BE PRIVATE AS IT SITS BACK OFF THE ROAD, YOU KNOW, 180FT ISH, TO ADDRESS THE ENGINEER'S COMMENTS. YOU KNOW, FROM OUR UNDERSTANDING, IS THE EXISTING SEPTIC SYSTEM WAS ABANDONED AND CAVED IN AND FILLED IN. THE EXISTING WELL, THAT'S REFERENCED IS ACTUALLY ON THE OTHER PARCEL TO THE WEST. IT'S NOT ON THIS PARCEL AS IT'S LAID OUT NOW AND THEN WE WOULD BE TYING INTO THE WATER SERVICE ON REYNOLDSBURG, NEW ALBANY AND THE SEWER TAP.

THAT'S IN THE KIND OF THE NORTH EAST OR NORTHWEST CORNER. SO AND, YOU KNOW, WE WE'RE WORKING

[01:30:01]

WITH THE PALETTE OF MATERIALS ON THE, ON THE HOME THAT KIND OF MIMICS THE HAWKSMOOR. AND COMPLIES WITH THE ZONING TEXT OF HAWKSMOOR. NORTH. SO YOU KNOW, PAINTED BRICK, SLATE ROOF, YOU KNOW, ASPHALT DRIVEWAY, MAYBE, MAYBE CHIP AND SEAL, DEPENDING ON HOW THEY WANT TO DO THAT.

BUT, YOU KNOW, THAT'S KIND OF WHERE WE ARE. ANY CONFLICT WITH CONDITION ONE FROM PLANNING? PARDON ME? ANY CONFLICT WITH CONDITION ONE ABOUT SCREENING ON AIR CONDITION NO. WE ACTUALLY SHOW SCREENING ON OUR LANDSCAPE PLAN OF THE PROPOSED LOCATION OF THE HVAC UNITS ON THE NORTH SIDE. SO WE HAVE SOME HEDGES KIND OF SHOWN ON THAT. YOU COULD JUST. THIS IS MY PERSONAL PITCH.

YOU COULD RUN A GEOTHERMAL UNIT AND NOT NEED A HEAT EXCHANGER THAT NEEDS TO BE SCREENED. BUT THAT'S JUST ME. CORRECT? OKAY QUESTIONS OR COMMENTS FROM THE COMMISSION. JUST TO CONFIRM, THIS IS A ONE STORY HOUSE. YES WITH A. OKAY AND IT'S GOT ONE BEDROOM. YES. RIGHT NOW THERE MIGHT BE BEDROOMS IN THE LOWER LEVEL. HOW WOULD THERE BE ANOTHER BEDROOM. THERE'S A BASEMENT. OH THERE'S A BASEMENT. YEAH. YEAH OKAY. GOT IT. AND IT MEETS SUFFICIENT EGRESS CONDITIONS FOR THAT, THERE WOULD BE WINDOW WELLS ON THE ON THE FRONT OF THE HOME. THANK YOU. IS THAT SOMETHING? MY CURIOSITY IS, IS THAT IF THOSE ARE DONE AS AN ADDITION AFTER THE FACT, IS THERE A PERMITTING PROCESS THAT WOULD REQUIRE THAT TO BE INSPECTED? IT WOULD HAVE TO GO THROUGH THE BUILDING DEPARTMENT PERMIT REVIEW TO MEET EGRESS. BUT OUR INTENT IS WE DON'T SHOW, OKAY, WE WOULD HAVE THEM ON OUR FOUNDATION PLAN WHEN WE SUBMIT FOR BUILDING PERMIT. SO I'M NOT GOOD ENOUGH TO SAY WHAT NEEDS A PERMIT AND WHAT NOT. YEAH JUST TOSS IN A COUPLE OF WALLS AND THROW IN A COUPLE OF BEDS. THEY MIGHT NOT MEET EGRESS AND THEY MIGHT NOT NEED A PERMIT. WE WOULD PROPOSE THAT WE HAVE PROBABLY FOUR WINDOW WELLS ACROSS THE FRONT OF THE HOUSE THAT WOULD BRING LIGHT INTO THE BASEMENT. OUR CLIENT'S INTENT IS NOT TO USE THE BASEMENT, BUT THAT'S MORE FOR FUTURE. OKAY OTHER QUESTIONS I'LL NOTE. FOR THE RECORD, THERE IS NO PUBLIC COMMENT, I MOVE FOR ACCEPTANCE STAFF REPORTS AND RELATED DOCUMENTS INTO THE RECORD FOR FINAL DEVELOPMENT PLAN 59 2024. DO I HEAR A SECOND ON THE DOCUMENTS MOTION? SECOND DISCUSSION OF THE DOCUMENTS, PLEASE. MR. KIRBY? YES, MR. WALLACE? YES. MR. LARSEN. YES.

MR. SHELL YES. MOTION PASSES. THERE ARE FOUR VOTES TO ADMIT THE DOCUMENTS. DO I HEAR A MOTION ON THE FINAL DEVELOPMENT PLAN ITSELF? I'LL MOVE TO APPROVE APPLICATION FINAL DEVELOPMENT PLAN 59 2024. BASED ON THE FINDINGS IN THE STAFF REPORT. WITH THE CONDITIONS LISTED IN THE STAFF REPORT SUBJECT TO STAFF APPROVAL. DO I HEAR A SECOND? SECOND? ANY DISCUSSION ON THE MOTION WILL FOLLOW THE PLAN. OKAY. THE ROLL PLEASE, MR. SHELL. YES MR. LARSEN? YES. MR. KIRBY? YES. MR. WALLACE NO, THE MOTION PASSES THERE ARE THREE VOTES FOR AND ONE VOTE AGAINST THE APPLICATION WITH THE CONDITION LISTED IN THE STAFF REPORT. BASED ON THE FINDINGS OF THE STAFF REPORT AND SUBJECT TO STAFF APPROVAL. I VOTED NO BECAUSE I DON'T DO NOT BELIEVE THAT THE THAT THE PLAN HAS SUBMITTED IS CONSISTENT WITH OTHER RESIDENCES IN THE HAWKSMOOR AREA. IT STRIKES ME AS IT'S A IT'S STILL STRIKES ME AS A GARAGE WHICH IS ATTACHED TO A VERY LARGE ONE BEDROOM APARTMEN. THANK YOU. DO WE HAVE ANY OTHER BUSINESS BEFORE THE COMMISSION? NONE FROM STAFF MEMBERS FOR COMMENT. HAUNTS? NO COMMENTS. THANK YOU. I DON'T HAVE ANY COMMENT, DAVE. NO COMMENTS. THANKS, BRUCE

* This transcript was compiled from uncorrected Closed Captioning.