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    [I. Call to order]

    [00:00:05]

    WELCOME, EVERYBODY TO OUR NOVEMBER 25TH, 2024 MEETING OF THE NEW ALBANY BOARD OF ZONING APPEALS. FIRST ITEM ON THE AGENDA IS OUR ROLL CALL. CLERK MAY HAVE A ROLL CALL. MR. PRESENT. MR. JACOB. PRESENT. MR. SHELL. PRESENT. MISS. SAMUELS. PRESENT. MR. COUNCIL MEMBER.

    SHELL. HERE. THERE ARE FOUR VOTING MEMBERS PRESENT. WE HAVE A QUORUM. THANK YOU. THE SECOND

    [III. Action on minutes]

    ITEM ON OUR AGENDA TONIGHT IS OUR ACTIONS. ON THE MINUTES FROM OUR OCTOBER 28TH MEETING. ARE THERE ANY CHANGES OR ADDITIONS OR CORRECTIONS TO THE MINUTES? NO CORRECTIONS HERE. IS THERE A MOTION TO APPROVE THE MINUTES? MR. CHAIR, I MOVE TO ACCEPT THE MINUTES FROM THE OCTOBER 28TH, 2024 MEETING. SECOND. MR. JACOB. YES. MISS SAMUELS? YES. MR. SHELL. YES. MR. JONES? YES. THE MOTION PASSES WITH FOUR VOTES TO APPROVE THE MINUTES AS SUBMITTED. OKAY. THANK YOU. THE NEXT ITEM ON OUR AGENDA IS. DO WE HAVE ANY VISITORS? IS THE APPLICANT HERE? I ASSUME YOU FOLKS ARE THE APPLICANTS. DO YOU. DO YOU WISH TO SPEAK TONIGHT? NO. OKAY. OKAY. WE

    [VI. Cases]

    WON'T HAVE TO SWEAR YOU IN. THE. SO, NEXT ITEM ON THE AGENDA IS OUR CASES. SO VARIANCE 65 202 FOR VARIANCE TO CODIFY ORDINANCE 1169 RELATING TO THE SIZE AND QUANTITY OF SIGNAGE FOR COURTS LOCATED AT ONE, TWO, THREE, FIVE AND 1225 BEACH ROAD, SOUTHWEST. COULD WE HEAR THE STAFF REPORT? YES. SO THIS IS VARIANCE 65. SO JUST LOOKING AT AN AERIAL MAP, IT IS LOCATED ON BEACH ROAD WITH THE GOOGLE SITE TO THE WEST AND THE META SITE TO THE EAST. SO THIS JUST SHOWS WHERE THE NEW PROPOSED SIGNS WILL BE PLACED ON BOTH BUILDINGS. THE GREEN SHOWS THE FOUR PROPOSED DIRECTIONAL SIGNS. THE ORANGE SHOWS THE PROPOSED WALL SIGNS. THERE WOULD BE FOUR PER BUILDING. AND THEN THE RED SHOWS THAT ADDRESS SIGNS THAT WOULD BE TWO PER BUILDING. SO FOR VARIANCE A, IT WOULD BE TO ALLOW THE DIRECTIONAL SIGNS ON THE SITE TO BE 27.5FT■!S AND SIX FOOT ONE INCH IN HEIGHT, WHERE THERE WOULD BE A TOTAL OF FOUR, WHICH WOULD BE ALLOWED BY CODE AND CODE PERMITS A MAXIMUM OF FIVE SQUARE FEET AND FOUR FEET TALL FOR DIRECTIONAL SIGNS. SO FOR VARIANCE C OR SORRY B AND C, THEY'RE RELATED TO THE SAME SIGN. SO FOR VARIANCE B IT WOULD BE TO ALLOW FOR WALL SIGNS PER BUILDING FOR A TOTAL OF EIGHT. AND CODE PERMITS ONE SIGN PER BUILDING FRONTAGE AND FOR BUILDING VARIANCE C IT WOULD BE TO ALLOW WALL SIGNS TO EXCEED THE MAXIMUM SQUARE FOOTAGE ALLOWED BY CODE. SO FOR TWO OF THE SIGNS THAT WOULD BE ON THE WEST OF THE BUILDING, THEY WOULD BE 152FT■!S, AND B THE SHTF LOG. THE FOUR SIGNS TO ON THE NORTH AND TWO ON THE SOUTH WOULD BE 311FT■!S AND WOULD BE THE SHOW'S LOGO AND READ DATA CENTERS AS WELL. AND THEN THE TWO SIGNS THAT WERE ON THE EAST OF THE BUILDINGS WOULD BE 170 SQUARE SQUARE FEET AND JUST BE THE CUTEST. LOGO AND CODE PERMITS A MAXIMUM OF 75FT■!S. SO FOR VARIANCE D, IT WOULD BE TO ALLOW TWO ADDRESS SIGNS PER BUILDING FOR A TOTAL OF FOUR. ONLY ONE PER BUILDING IS ALLOWED BY CODE, AND THE SIGN DOES. THE SIGN DOES MEET THE REQUIRED SIZE OF THE SIGN, JUST NOT THE NUMBER. THE APPLICANT MEETS THE REQUIRED QUANTITY OF DIRECTIONAL SIGNAGE, BUT THE SIZE EXCEEDS THE ALLOWED LIMIT. THREE OF THE FOUR PROPOSED SIGNS MAY BE VISIBLE FROM EITHER RIGHT OF WAY OR ADJACENT PROPERTIES. THE APPLICANT COULD REDUCE THE SE ON TNGMIOME S BLANKPACE S HE DECTIONIRAL SNS. FOIG LARGNCEVA B AND C, SPITE DEINGBE SIGNHAALLOWEN THE WD,LAL THES ELL IN WGRATEDTEITH W DEVEING ANLDSURROUD INGND PMENT.LON I TER OF SCMSE, ,ND INT ASITY. ENE IGN GU SELINESID DIOURAGESCULTIPL ME SIG WITHNS REATEDPEUNCTIO FLITY, NAT THEBU PROSEDOP WALSIGNS L CUPYOC LESS BUIL% OFAN T APPLIHEBLECA NG FACDIESAD AND MIMIZININ GSUAL IVIACT. TMPHE WALL GNS DOI ADJACATERE COMTITIONPEITH W NT SIGCENS D TO THUE EILDINGBU SIZE. D THENAN F ORRIANCEVA, THE DDDRESS AIGNS S

    [00:05:03]

    REQU WCOH CODEITIZE S EMENTSIRND HEL AP BUILE ENE TWO THENTICAIDL SIGNI. ALLONG TWOWIDDRESS A SUBSBUS DING IILS NOT NTIAL TADAN AIDS INYFINDIWA, ANDNG T ADDREHE SSGNS ARSIE SYMMEICALLYTR YOU N ONE BUILTHNG.DI IF TO ANYHA QUESTNS, I'IOHEREM DO TSSO I H. EAV A QSTION.UE HE SIZOF THEE IGNS SDHERE A TOHE TEW PRO NSED STPODARDSAN FOR OURIGNAGE SODE EN CNCEMENHA TOR REPCEMENTLA? SO BELIEVI THE STARON TGNHE FRONTWELL, . T MELE PROP IT ELIEVE B OUR ED CODOSE UATE ISPD AXIMUMMA OF00FT■ 2 PER S!SN.IGO THONES OE NHE T FRONTRE 177 A .SO THO WOULDSEEET TH ME CODE UPTES ASDAISCUSS DED TO TH EARD. OBOY.KA TRE'S WHEL SIGNAL SON THE BKAC OF E BUILTHNGS ASDI WE. THOSLLERE 152 A■!S IFTI'MF THAT. G SO TSE WOUHO. THE R, WALL SIGNSLONG A THESI STHERE'O S TWO FINGAC NTH ANDORHEN TW TO FACIN GE SOUTTH THOSEH. ARE EACH 31T■!S1FSO THO. SE WOU NOT MLDT CODEEWPDATES U. OKAY.NY YEP.ONQUS FM THE ROARD?BO APPROR FIRSTFF I O IATEEC THEUMMARY STHIS W. AS VE HELPFRYUL THELP PO NT THEAI HAVEE.PIHE QUE TION IST GSS IUE S I A MAYBENDTAFF S COU IF I ME.HEIRST FFF, TH O ISIS T, EAD R TNGS COHIECTLY RROM STAFFEPORT, RHIS IS TLL A .HIS IS TNE OWN OSHIP,ER ANY. SMPIO GUESS M INSTIONQUS I WHY F ANDOR I DSEE HE SUM TRY IT MAESDO YOU DO PRIMOUT INATTHT'S TO IELP H ILYAR TO RECTDI TRUCK I ONE HATAT, B IF ITUT'S FOR MPANY,CONE OCC OANT, WUPHY IWHAT IS EED N A LITE HELPTL WITHI GUES. WES WOU DEFERLDO PPLICA ANT WHO HERE 'SNIGHTTO TOISCUSS DORT S OF THINTENTE FOR T AMOUNHEOF SIGT GE.NA I ATWH AM, IF Y I GUYSOU ND GOIMI TONGHE MIC T ?AH, WEYEE'R GON HAVE NA SWEARTO YOIN, TOU O. SO YOU CIFLDOU JU STANDSTP AND UAISE Y RR NDHA. DOOU. DO YOU SWE Y BUT ELLTO THE TTH ANDRUOTHING N THANUTH? ITHO THAN DYOU.K SIGNU. SO T QUANTHEY OFIT THAT YS SEE OOUTHEN ILDINGBUOH, SO. Y. I'MRR ALEX WOLP'MMAITH WNEHA S T. COMERNYPA REPSENTINRE GE ARCHTHECTURAITTEAML OR THI F SOJECTPR. THE ANTITYQUF O SNS SEEE OTHEN BUILDG AREIN STANY INRGINE WI LTH THE CGS RDS. SDAIT'SO SETHINGOM TH THEY ATULDWOYPICAL T DO ONLY ANY OTHEIR F ILDINGBUACROSSS PRECCOURY TO NTRT OFSOET A S ENT ORED SETREATE CEIRTH PRENCE IESA COMMN ITY.UN I TNKHI RGELY LAE EACHTHF O T SIGNAHE GECATIONLO DOS. YOU A LOCATRE EDJACENTAD TO PRATE ENIVANCES.TR SO TSE WOUHELD BE PLOYEEEM ENANCES TRONACH OF EHE T ELATIONSEVIT. IS MO TYPICRE ALATTH O OF THNER BUILEINGSDI IT'SHAWOVE MULPLE TETINTS.NA NIQUE UHAT TH TIS CAMS ANDPU THE CATIE ONEING A BOSSCRROM F THINITMBE ONLHAS ONY SOE. I INTEY K IN DESIG THEN, NT WASO HAVE TULTIPL ME NANTS TEAT MIGTH BEHT UTILING JUSTCEEN POINTSSS, B ITUT O HAPP SS THATENE W END UPED WI ONE TTHANT INEN THICASES . THES, I'M OD ONGO MENDY . SO TWO SIE DE SNSIGHAT FA T RCEED OEXUR NEWTANDAR SD, IT'S 31T■!S1FIS THE. RE ITHERE S A REERING ND WHAT OFATTH LOO KSKE ON LIETHUILDIN BGNOT A? OULD BSHANE LEVATI E ONCLUDEDINN THE I PACGEKA. AND IF WAT WLD SAYOUBOUT T ATHA IS TOOKE ACTL AREAUAF THE O LEERINGTTND THE AOGO IT LLF,SE BECA THEND5FT■ 7. IT'S!SUST J E OF TUSHE WAYHE T ZONIN GDE REQCORES CRUITINGEA TT EAR BOINX, THATHE ALON DA CENTAT LETTEERNG HUR US FRTS THATOM PEPECTIVRS RIGHTE.BECAUS. EEY'RETH PRETTY SMA RELATLLE, ECAUSE B IS SO WT'E WITHID E LOGOTHIT, ALCULA CS OUT TE TOBE THAHIGH. T HAVESOOU Y LOOE D AN OPATONTI TFALL WO HIN THITE WNEODE RE CIREMENQU OF ATS LIKEAN■WHAT TD THAOOKS L BUT AV? 'T ATEN THIS INT,PO 'SIT CERINLY STAETHINGOM TH WEATOULD D C OKAYO.. Y ESTIONQUSI HAVE? A PERSI COGNIZRETHATE THE WHO'SONOU'RE Y SAKING PE ISDICATIINNGHAT BU TDINGSIL TYCALLY PIVEHA MTIPLEUL DIERENT FFSINESSBUES WITN D REFRANHESY M MORY, IEM

    [00:10:09]

    MULTVEWE A BUIING THLD HASAT LE BUSIPESSESIN, THE ALWANCE LOIS ONEIGN PE S RTRANCEENRIGHT?, BUILD AGIN, SOY, A ORRNEUILDIN B MULTIG,EPL ES. ITSS ONE S'SNIG P ERTRANCEENYEAH. , AT'S ATHOOD G . THE ONDE CURCONTLYRE SAYS ONE PER BUILDING FRONTAGE.

    OKAY. WHAT WE WERE PROPOSING WHEN WE WORKSHOPPED THAT CODE UPDATE IS THAT IT WOULD BE ONE SIGN PER BUSINESS ENTRANCE. OKA. SO THAT PER BUSINESS ENTRANCE IS IN OUR NEW PROPOSAL TO WITH THE 200. THAT'S CORRECT. AND STAFF, ALL THE NEIGHBORING BUSINESSES WERE NOTIFIED. YES. DID WE HEAR BACK FROM ANYONE? NO. NOBODY RESPONDED. SO I HAVE ANOTHER QUESTION. SO HAVE WE HAS THIS BOARD EVER APPROVED A SIGN OF THAT SIZE AT 311FT■!S ON ANY BUILDING? SO THE LARGEST THAT WAS APPROVED WAS THE AMAZON SIGN. THE BOARD APPROVED TWO WALL SIGNS, EACH TO BE 297FT■!S.

    SO IT'S CLOSE. VERY CLOSE. HOW ABOUT META? DO WE HAVE ANY IDEA OF THE SIZE? FOR WALL SIGNS? OH, FOR GROUND SIGNS THAT I GUESS WHAT'S THE LARGEST ON THAT BUILDING? I, I DON'T I'M NOT AWARE OF ANY WALL SIGNS FOR THE META CAMPUS OR FOR GOOGLE. THE NEIGHBORING ONES. I THINK THEY JUST HAVE ADDRESS SIGNS AND THEN MONUMENT SIGNS AT BEACH ROAD AT THE ENTRANCES. I BELIEVE THOSE ARE ALL IN MEETING CODE REQUIREMENTS. STEVEN, JUST SO I UNDERSTAND, SO THE TWO SIGNS THAT WE'RE TALKING ABOUT ARE THE DATA CENTER SIGNS CORRECT. AND IT'S PROBABLY BECAUSE OF THAT.

    YOU'RE SAYING THAT DATA CENTER THAT GOES ACROSS HAS A LOT OF SPACE THAT'S CAUSING THE 300. IS THERE ANY WAY THAT YOU COULD STILL KEEP THAT, BUT REDUCE SOME OF THE SQUARE FOOTAGE AROUND THE DATA CENTER? OR WOULD THAT NOT LOOK RIGHT, THAT MAYBE COULD BRING IT CLOSER TO THE 200? I'VE SEEN INSTANCES WHERE WE SORT OF STACK THE DATA OR STACK IT OR PUT IT UNDERNEATH. YEAH, YEAH, WE HAVE DONE THAT IN THE PAST. I THINK THE THIS DOES LOOK NICE. I THINK WITH THE WAY THAT THE METAL PANEL, LIKE THE STAIR ENCLOSURE HAPPENS, IT SORT OF TAKES UP THE BAR ADJACENT. BUT I HAVE SEEN INSTANCES WHERE WE'VE MODIFIED IT SLIGHTLY. CAN YOU SAY THERE'S 297 AMAZON. 298 TWO 9297 AND THIS IS 311. SO IT'S OFF BY 14FT, 14FT■!S. AND HOW LG AGO DID WE DO THAT? STEVE. THAT WAS IN 2021. AND MY QUESTION IS WHERE ARE WE GOING TO CAP I MEAN I MEAN THAT'S I MEAN IT'S A GENERIC QUESTION, BUT IT'S I'M NOT EXPECTING AN ANSWER, BUT LIKE, WHAT IS ARE WE JUST GOING TO CONTINUE TO RAISE I GUESS LIKE THAT'S THE THAT'S WHERE I'M STRUGGLING WITH. RIGHT NOW.

    WHERE DOES IT END? SO JUST SO YOU KNOW THAT WE'VE GONE THROUGH THIS, WE'VE HAD A LOT OF THESE CASES IN THE LAST TWO YEARS. AND STAFF HAS GONE BACK TO REVISE THE ONES THAT CAN BE EFFECTIVE.

    SO WE'RE GOING TO TAKE IT TO THE PLANNING COMMISSION FOR THEIR EVALUATION NEXT MONTH. IN DECEMBER. OKAY. SO WE'RE UP TO 200FT■!S. SO I STRUGGLE A LITTLE BIT. WE'RE TRYING TO SET A PRECEDENCE HERE. AND KNOWING THAT IT'S GOING TO BE 200. AND NOW WE'RE GOING TO APPROVE ANOTHER 311 ONE. I JUST I DON'T FEEL COMFORTABLE DOING THAT. SO IF THERE'S ANY WAY TO GO BACK AND TAKE A LOOK AT THAT SIGNAGE AND SAY, CAN WE SOMEHOW GET THAT CLOSER TO 200? IT WOULD BE MY PREFERENCE. AND I DON'T KNOW, UNLESS THE BOARD THINKS, I'M SURE I'D FEEL MORE COMFORTABLE WITH THAT TOO. YEAH. IS THE 200 SQUARE FOOT THAT'S THE NEW? BECAUSE I KNOW THERE WAS DISCUSSION ABOUT A 1% OF THE ELEVATION PATH. IS THAT ARE THOSE PARALLEL PATHS? BECAUSE I THINK WE MEET THAT REQUIREMENT. SO IT'S NOT A REQUIREMENT. IT'S SOMETHING WE WORKSHOPPED WITH THE BOARD AND DECIDED THAT SINCE BUILDING FACADES CAN VARY SO MUCH, THAT PROBABLY WASN'T A GOOD INDICATION. WE STILL USE THAT AS I GUESS I WOULD SAY SOMETHING TO COMPARE IN OUR STAFF REPORTS AS PART OF OUR OVERALL REVIEW, JUST TO PROVIDE CONTEXT TO THE BOARD SO THEY CAN GET A SENSE OF THE OF THE SCALE OF THE SIGN IN RELATION TO THE BUILDING. BUT IT'S NOT A ZONING

    [00:15:01]

    STANDARD OR PROPOSED TO BE OKAY. GO AHEAD. FOR THIS CASE IT IS OVER THAT 1% SCALE COMPARISON.

    CORRECT. THOSE DATA CENTER SIGNS IS AT 1.2%, WHICH WOULD BE ON THE LARGER END IF NOT THE LARGEST. I THINK. YEAH, IT MIGHT BE BECAUSE I THINK THAT THE ELEVATION LENGTH IS 1200. SO IT WOULD BE JUST JUST OVER 4%. OKA. DEPENDING ON THE DIRECTION. I MEAN, OBVIOUSLY WE WOULD HAVE TO TAKE A PROCESS TO MOVE AND DECIDE TO GO FOR IT. BUT IF WE WERE TO TABLE ONE OF THESE SO THEY CAN DISCUSS INTERNALLY WHETHER THEY CAN CONFORM TO WHAT THE NEW STANDARDS ARE BEING PROPOSED, DO WE WANT TO EXPLORE A. ACCEPTING ONE OR MORE OF THE OTHER VARIANCES, SINCE THERE'S APPAREL AND JUST MAYBE TABLE THE ONES LEFT? OKAY, I'D BE OPEN TO THAT. AND ONE THING TO THINK ABOUT MAYBE AS STAFF IS THIS SOMETHING THAT WE IF WE APPROVE IT TONIGHT, IT COULD BE APPROVED BASED ON THEM COMING BACK TO YOU WITH SOME TYPE OF ALTERNATE AGREEMENT. AND STAFF MAKES A OKAYS IT, OR DOES THAT NEED TO COME BACK IN FRONT OF US? NO, THAT'S CERTAINLY SOMETHING THAT THE BOARD COULD DO AND LET STAFF REVIEW THAT. SO FOR INSTANCE, IF YOU WANTED TO APPROVE ALL THE VARIANCES, YOU COULD APPROVE THAT THE SIDES, THE SIGNS ON THE SIDE THAT SAY DATA CENTERS CAN CANNOT EXCEED A CERTAIN SIZE. SO YOU COULD APPROVE THE VARIANCE TONIGHT WITH CONDITIONS SUBJECT TO STAFF APPROVAL, SO THAT THEY WOULDN'T HAVE TO COME BACK IN THE FUTURE. YOU GUYS OKAY WITH THAT? YEAH. YEAH. WHY ARE YOU GUYS THINKING? ONE MORE QUESTION FOR YOU, STEVEN. HOW DID WE COME UP WITH THE 200 AND NOT 300 OR WHATEVER? HOW DO WE I REFRESH MY MEMORY ON THAT. HOW WE ENDED ON 200. YEAH. SO STAFF HAD DONE RESEARCH TO LOOK AT PAST VARIANCES. I THINK OVER THE PAST FOUR YEARS OR SO. AND 200 IS ABOUT WHAT IT AVERAGES OUT TO B. SO AND I THINK THAT'S KIND OF LIKE THE CUT OFF POINT. THAT'S WHEN STAFF AND THE BOARD OF ZONING APPEALS HERE LOOKED AT, IT SEEMED LIKE A REASONABLE AMOUNT. AND I THINK THE GOAL AS WE DISCUSSED, WAS WE KNEW IT WOULDN'T REDUCE ALL OF THE OR WOULDN'T CUT OUT ALL THE VARIANCES, BUT THE GOAL WAS TO REDUCE THOSE. SO IT'D BE MORE ON PAR FOR WHAT WE SEE OUT THERE TODAY. OKAY. THAT MAKES SENSE.

    SO THE BOARD STILL HAS YOU KNOW, THEY CAN STILL APPROVE A VARIANCE HIGHER THAN 200.

    OBVIOUSLY THEY DID. BUT THEY'VE KEPT IT UNDER 300. SO THERE'S STILL BASED ON WHAT THEY LIKE TO DO ON SOMETHING LIKE THAT OKAY. THANK YOU. SO LET'S GO BACK TO THAT. SO IT'S GOING TO THE PLANNING BOARD NEXT TO GET APPROVAL. YEAH. SO THE CODE AMENDMENT PROCESS IS AS WE WORKSHOPPED IT HERE IT GOES TO PLANNING COMMISSION FOR FORMAL REVIEW. THEY MAKE A RECOMMENDATION TO CITY COUNCIL. AND THEN CITY COUNCIL HAS THE ULTIMATE REVIEW AND APPROVAL OF THAT. SO I WOULD SAY IT'S PROBABLY ABOUT ANOTHER LIKE 60 OR SO DAYS UNTIL, YOU KNOW, WITH THAT TENTATIVE SCHEDULE, UNTIL IT'S UP UNTIL IT'S FINISHED AND WHAT'S YOUR THOUGHTS ON GETTING THAT PUSHED THROUGH SUCCESSFULLY? WELL, I THINK WE ALWAYS FEEL GOOD THAT WE WORKSHOPPED WITH THE BOARD OF ZONING APPEALS. OF COURSE, EVERY BOARD HAS ITS OWN PERSPECTIVE.

    BUT CANDIDLY, YOU KNOW, WE WORKSHOPPED IT HERE A COUPLE OF TIMES. I FIND THAT, YOU KNOW, BOARDS, YOU KNOW, THAT'S KIND OF LIKE WHERE THEY REALLY GET INTO THE WEEDS. SO TAKE A LOOK AT IT VERY CLOSELY BEFORE THEY MAKE A RECOMMENDATION TO COUNCIL. SO I WOULDN'T BE SURPRISED IF IT TAKES MAYBE TWO HEARINGS AT PLANNING COMMISSION. AND THEN BEFORE IT GOES TO COUNCIL FOR THEIR FORMAL REVIEW. SO WE COULD BE LOOKING AT LIKE JANUARY, FEBRUARY ISH BEFORE IT'S FINALIZED. AND WHAT IS THE TIMING ON YOUR PROJECT? WE'RE CURRENTLY UNDER CONSTRUCTION, AND THEY'RE ACTUALLY TURNING OVER FOR TENANT CONSTRUCTION NOW. SO THEY'RE SUPPOSED TO FINALIZE CONSTRUCTION END OF AUGUST ON THE FIRST BUILDING, AND THEN THE SECOND BUILDING WILL BE PLENTY OF TIME. RIGHT. IS THE BUILDING STARTED YET? YES. YES, IT'S YES, IT'S WELL UNDERWAY. OKAY. SO I THINK THAT THAT WAS THE REASON I TALKED TO KILEY AND FOLKS LAST WEEK ABOUT POTENTIALLY HOLDING OFF ON, ON SUBMITTING FOR THE VARIANCE UNTIL AFTER THAT WENT THROUGH.

    AND IT FEELS LIKE IT WOULD BE LATE FOR US AT THIS POINT FOR THE FIRST BUILDING, AT LEAST THE SECOND BUILDING, THERE'S MORE TIME, AND I THINK PROBABLY WOULD AGREE. WE'RE EXCITED TO HAVE YOU IN NEW ALBANY. SO THIS IS A, YOU KNOW, THIS ISN'T TRYING TO BE PENAL, BUT I DO THINK IF WE CAN BE A LITTLE BIT MORE CONSISTENT WITH THE SIGNAGE AND THE BUSINESS PARK, IT IT HELPS LONG TERM. SO IF YOU COULD MAYBE WORK WITH STAFF TO GET IT CLOSER TO THE 200 AND MAYBE FIND A HAPPY MEDIUM THAT STAFF'S COMFORTABLE WITH AND YOU'RE COMFORTABLE WITH IT, I ASSUME THE BOARD WOULD BE OKAY WITH THAT, SO CAN WE APPROVE THIS CONTINGENT UPON THE 200FT■!S PASSING EVENT? WHAT IFT DOESN'T PASS? WHAT HAPPENS IF IT DOESN'T WORK? IF IT DOESN'T PASS? THE PLANNING BOARD SAYS

    [00:20:02]

    NO, IT'S TOO BIG. I WANT 150. SO AS A BOARD, YOU CAN STILL USE THAT. YOU CAN SAY THAT ANYWAYS AS A BOARD, WHETHER IT PASSES OR IT DOESN'T PASS. THAT COULD BE BASED ON YOUR DETERMINATION OF WHAT YOU WOULD LIKE THIS TO BE. OKAY. OKAY, YEAH. I'LL PUT ON OUR DIRECTORS HAT. YEAH. YOU HAVE TO REVIEW IT BASED ON THE YOU KNOW WHAT? YOU KNOW TODAY BASED ON PAST WORKSHOPS AND YOU KNOW, THE REVIEW CRITERIA AND THE STAFF REPORT. SO CERTAINLY, YEAH, THERE'S NOTHING BE HOLDING YOU TO THAT THAT PENDING CODE UPDATE TONIGHT. BUT ARE WE WANTING TO HOLD THEM TO 200 OR ARE WE GIVING STAFF SOME LEEWAY. WHAT ELSE? I WOULD JUST SAY I'M MOST COMFORTABLE WITH 200, GIVEN THAT WE WORKED THROUGH THAT SO MUCH. IT JUST SAYS THAT WENT OVER WERE MUCH LARGER IN SIZE.

    THAT WAS TWO YEARS AGO. DAKOTA WAS VERY DIFFERENT TWO YEARS AGO. SO I MEAN, YOU KNOW WHAT POSITION WE'RE IN, WHAT WE'RE ENACTING THIS NEW CODE. AND NOW WE'RE WE'RE GOING TO SAY, OKAY, WELL, WE'RE GOING TO ACCEPT 300 NOW. JUST REFLECTS POORLY ON US. SURE. AND IF YOU IF YOU'VE DONE THIS IN THE PAST AND YOU'VE BEEN ABLE TO GO BACK AND GET IT WITHIN THOSE, THOSE BOUNDARIES OF 200, THEN GREAT. YEAH, WE'LL DEFINITELY TAKE A LOOK AT IT. AND WE APPRECIATE THE FEEDBACK I GUESS LAST THING I WOULD SAY FROM THE BOARD, IF FOR SOME REASON YOU CAN'T MAKE IT WORK AT 200, THEN WE PROBABLY WOULD WANT TO HEAR IT AGAIN. YEAH. THEN I WOULD SAY BRING IT BACK FOR VARIANCE REQUEST. BUT BUT IF THEY CAN KEEP IT WITHIN 200 AND ASSUMING THAT THAT GETS PUSHED THROUGH, THEY DON'T HAVE TO COME BACK. IT'S JUST IT'S WITHIN CODE. THAT'S RIGHT. IF THE BOARD APPROVES IT TONIGHT WITH THAT CONDITION OF APPROVAL THAT THE SIGNS BE A MAXIMUM OF 200FT■!S, THAT'S SOMETHING WE WOULD WORK OUT WITH THE APPLETON'S. AND IF WE CAN'T COME TO TERMS, JUST LIKE WITH ANY CONDITION, WE WOULD BRING THAT BACK TO THE BOARD FOR YOUR CONSIDERATION.

    OKAY. AND THAT WOULD BE THE SAME CONTINGENCY FOR, I GUESS, WHERE THE AMOUNT OF SIGNS, BECAUSE OUR NEW THE NEW PROPOSAL HAS THE SIGN PER ENTRANCE VERSUS THE ONE SIGN PER FACADE. RIGHT? THAT'S CORRECT. OKAY. I THINK THE ONLY TWO OTHER ITEMS ON THE VARIANCES WERE THE SIZE OF THE DIRECTIONAL SIGNS. AND I BELIEVE STAFF SAID THAT WE THINK WE CAN GET THE SIZE DOWN A BIT WITH ELIMINATING SOME WHITE SPACE. YEAH. THAT'S WHAT WE CALL SORT OF THE BACKGROUND SPACE. SO IT'S SORT OF LIKE JUST THIS THIS SPACE WHERE THERE'S NO CONTENT ON IT. SO WE'VE I CAME UP WITH THIS BOARD. MAYBE IT'S BEEN OTHER BOARDS HAVE APPROVED SIGNS TO IN ORDER TO REDUCE THE SIZE OF THESE MONUMENT SIGNS TO KIND OF REDUCE THE UNUSED SPACE ON THE SIGN. SO THAT WAS JUST A SUGGESTION BY STAFF BASED ON PAST APPROVALS FROM THE BOARDS. ANY OTHER QUESTIONS FOLKS. SO I'D LIKE TO MOVE TO ACCEPT THE STAFF REPORT INTO THE RECORD WITH THE RELATED DOCUMENTS.

    SECOND. MR. NUNEZ YES. MR. YES, MISS SAMUELS? YES. MR. SHELL? YES. THE MOTION PASSES WITH FOUR VOTES TO ADMIT THE DOCUMENTS. SO ANYONE WANT TO PROPOSE A MOTION? YEAH. I'M. I'M I'M TRYING TO THINK THEY CAN. ALRIGHT. OKAY. LET ME MAKE SURE THAT I GET THE RIGHT ONE. OKAY. PROPOSING THAT WE ACCEPT VARIANCE 65 TO 0 TWO FOUR. GIVEN THAT THE APPLICANT REDUCE THE SIZE, THE SIZE OF THE DIRECTIONAL SIZE SIGNS AND ENSURE THAT THE SIGNAGE IS FOR THE BUILDING SIGNAGE IS 200FT■!S OR LESS. CAN I DO THAT? THAT'S RIGHT. OKAY. YEAH. YOU GUYS GOT ANYTHING TO ADD TO THAT? OKAY, I'LL SECOND THAT. BUT THAT GENTLEMAN. JUST A QUICK QUESTION BEFORE YOU TAKE ROLL. STEVEN, IS IT EASIER TO GO VARIANCE A B C D OR IS THAT FINE. JUST APPROVED WITH THOSE TWO CONDITIONS I THINK IT'S THE BOARD'S DISCRETION. I THINK IT'S FINE IF THEY WANT TO MAKE ONE MOTION FOR ALL THE VARIANCES FOR THOSE CONDITIONS. YEAH THAT'S A GOOD QUESTION OKAY. YEAH IT IS A GOOD QUESTION OKAY. YEAH. IT'S TOTALLY UP TO MALCOLM. RIGHT. EITHER WAY IT'S THE SAME OUTCOM.

    DOESN'T MATTER IF IT'S ONE BY ONE. YEP. TOTALLY UP TO YOU. YEAH. ALL RIGHT. READY? YES.

    SORRY, MISS SAMUELS. YES. MR. YES. MR. YES. MR. SHELL. YES. THE MOTION PASSES. THERE ARE FOUR VOTES IN FAVOR OF APPROVAL OF THE APPLICATION, SUBJECT TO THE FOLLOWING CONDITIONS. THE

    [00:25:03]

    SIZE OF THE DIRECTIONAL SIGNS IS REDUCED AND THE SIGNS NOT ARE NOT TO EXCEED A MAXIMUM OF 200FT■!S, SUBJECT TO STAFF APPROVAL. OKAY. CONGRATULATIONS. THANK YOU. THANK YOU, THANK YOU.

    APPRECIATE IT. HOPE YOU UNDERSTAND WHERE WE'RE COMING FROM. ABSOLUTELY OKAY. THANK YOU, THANK YOU. THANKS. I HAD A QUICK QUESTION FOR STAFF. SO BE VERY I'M GOING TO BE VERY BRIEF.

    I NEED A LITTLE CRASH COURSE CLARIFICATION ON WHEN A VARIANCE CASE COMES TO US VERSUS THE PLANNING COMMISSION. BECAUSE AT THE LAST COUNCIL MEETING DURING COUNCILWOMAN WILTROUT REPORT, HER VERY FIRST REPORT HAD TO DO WITH A VARIANCE. I MIGHT HAVE EVEN THE WORD WAS USED RIGHT AWAY. JUST A LOT OF LET'S PUT IT THIS WAY, A LOT OF TERMINOLOGY IS A LOT OF WHAT WE HAVE. WE HEAR, WE SEE IN OUR REPORT. AND I JUST NEED A HELP OF CLARIFICATION. WHEN DOES IT GO TO PLANNING COMMISSION AND WHEN DOES IT COME TO US? NOT TO SAY, WHY DID IT COME TO US? I JUST WANT TO UNDERSTAND, THAT'S ALL. YEAH, THAT'S A GREAT QUESTION. SO IT ULTIMATELY BOILS DOWN TO THE ZONING OF THE PROPERTY AND THE GENERAL RULE IS THAT IF IT'S A PUD ZONING, SO THAT'S PLANNED UNIT DEVELOPMENT. SO MOST OF THE TIMES IS THAT WHEN YOU CREATE A PUD, YOU CAN CREATE YOUR OWN DESIGN FLEXIBILITY AND STANDARD. AND TYPICALLY THE APPLICANTS WILL WRITE IN THAT VARIANCES IN THOSE CASES OR FOR THOSE PUDS ARE HEARD BY THE PLANNING COMMISSION. AND THE REASON BEHIND THAT IS BECAUSE PUDS ZONINGS HAVE TO DO. THE DEVELOPER HAS TO CREATE WHAT'S CALLED A FINAL DEVELOPMENT PLAN, OKAY. AND SO THAT BY HAVING VARIANCES GO TO THE PLANNING COMMISSION. THE PLANNING COMMISSION CAN HEAR THE FINAL DEVELOPMENT PLAN AND ANY RELATED VARIANCES AT THE SAME MEETING AND SEE THINGS HOLISTICALLY. SO INSTEAD OF HAVING YOU GUYS SEE SOMETHING SORT OF LIKE, YOU KNOW, IN A VACUUM AND THE PLANNING COMMISSION LOOKING AT A DIFFERENT ASPECT OF IT IN A VACUUM, THIS ALLOWS ONE BOARD OR ONE COMPREHENSIVE REVIEW, BUT EVERYTHING ELSE IN THE CITY, IT AUTOMATICALLY DEFAULTS TO THE BOARD OF ZONING APPEALS FOR VARIANCES. SO KEY ROAD IS PUD. YEAH. AND I GUESS ONE MORE RULE. SORRY NOT TO GET TOO MUCH INTO IT. THE OTHER RULE IS JUST THE VILLAGE CENTER. SO VILLAGE CENTER THAT GOES TO THE CITY'S ARCHITECTURE. THAT'S RIGHT. I DO THAT. YEP. OKAY. THANK YOU. YOU FOLKS ARE FREE TO LEAVE IF YOU'D LIKE. WE'RE PRETTY MUCH DONE. WE'RE GOING TO JUST DO SOME OTHER BUSINESS NOW. AND YOU CAN LISTEN IN IF YOU WANT. OR YOU'RE FREE TO LEAVE. OKAY. THANK YOU. GOOD LUCK. THANK YOU. NEXT ONE.

    THANK YOU. ALL RIGHT. ANY OTHER BUSINESS STAFF? BUT QUICK REMINDER WE SENT OUT A SURVEY

    [VII. Other business]

    FOR PACKETS FOR 2025. AND SO IF YOU HAVEN'T COMPLETED THAT WE ASK THAT YOU TAKE A LOOK. WE SHOULD HAVE SENT IT TO YOUR EMAIL. WE CAN RESEND IT I CHRIS AND THE TEAM HAVE BEEN LEADING THAT. BUT LONG STORY SHORT, WE'RE WE'RE YOU KNOW, WE'VE BEEN WE'VE BEEN SLOWLY BUT SURELY GOING PAPERLESS. AND SO WE'RE THINKING ABOUT HOW TO INCORPORATE THAT INTO OUR MEETINGS AND FOR OUR PACKETS. SO WE'RE STARTING TO DO THAT FROM A PERMITTING SIDE. AND WE'RE WE WANT TO MAKE SURE THAT WE'RE BEING VERY THOUGHTFUL ABOUT THAT AS WE AS WE MOVE FORWARD FROM A BOARD AND COMMISSION STANDPOINT. OKAY. CAN YOU ADD TO MY PROPERTY TAX TO PAY FOR MY PAPER? BECAUSE I, I 100%, JUST WITH MY MIND WORKS A HARD COPY WHERE I CAN I DON'T KNOW, I JUST THAT'S WHAT I SAID IN MY COMMENTS. I LITERALLY IF I HAVE TO PAY FOR THE PAPER, I WILL DO IT. YEAH, THAT'S JUST MY PREFERENCE. NO, THAT IS PERFECTLY FINE. YEAH. AND THAT'S WHY WE'RE DOING THIS SURVEY, BECAUSE WE DON'T WANT TO TAKE SOMETHING AWAY THAT PEOPLE DEPEND ON. SO THAT'S WHY, YOU KNOW, WE FIGURED, WELL, YOU KNOW, WE'VE NEVER DONE THIS TYPE OF SURVEY BEFORE. SO WE'RE JUST SORT OF CURIOUS WHERE THE WHERE THE BOARD MEMBERS ARE AS A WHOL. YEAH. WHERE WOULD THAT SURVEY COME FROM? WHO WOULD THAT SURVEY COME FROM? I THINK IT CAME FROM CHRIS CHRISTIAN, I THINK IS WHO SENT IT. I DON'T THINK I GOT IT, I'LL CHECK MY SPAM, BUT I DON'T THINK I GOT IT. OKAY. I DON'T RECALL SEEING IT. ANYONE ELSE? YEAH I GOT IT. MATT. DID YOU SEE IT? I THINK OKAY. I DON'T THINK WE SENT IT TO CITY COUNCIL MEMBERS. I THINK WE SENT IT TO OUR BOARD MEMBERS. OKAY. SO CAN SHE JUST FORWARD THAT TO ME OR JUST. YEAH. YEAH, YEAH, WE'LL WE'LL SEND IT TO YOU AGAIN.

    YEAH. OKAY. OH I WAS GOING TO FORWARD IT. OH, IT PROBABLY HAS MY TAG I DON'T KNOW. OH NO I DON'T THINK, I DON'T THINK SO. YEAH IT SHOULD. YEAH THAT'S FINE I'LL JUST GET IT TOGETHER OKAY.

    ANYTHING ELSE ANYONE WANTS TO TALK ABOUT TONIGHT? ALL RIGHT. I MOVED TO ADJOURN. OH, I MOVED TO ADJOURN OUR MEETING AT 7:01 P.M. JUST OVER 30 MINUTES. GOOD JOB, FOLKS. SECOND. MR. LAJEUNESSE.

    YES, MISS. SAMUELS? YES, MR. JACOB. YES, MR. SHELL. YES. GOOD NIGHT. THANK YOU. STAFF.

    [00:30:04]

    APPRECIATE IT.

    * This transcript was compiled from uncorrected Closed Captioning.