IS STAFF READY? YES. ALL RIGHT. IS THE COMMISSION READY? YES. ALL RIGHT. I'D LIKE TO CALL THE
[I. Call to order]
[00:00:09]
ORDER THE PLANNING COMMISSION MEETING FOR MONDAY, NOVEMBER. NOVEMBER. GET THE RIGHT DATE.DECEMBER 16TH. GIVE ME THE ROLL, PLEASE. MR. KIRBY. PRESENT. MR. WALLACE. PRESENT. MR. SHELL.
PRESENT. MR. LARSON. PRESENT. MISS BRIGGS. HERE. COUNCIL MEMBER. WILTROUT. HERE. YOUR
[IV. Additions or corrections to the agenda]
FIVE VOTING MEMBERS PRESENT. WE HAVE A QUORUM. THANK YOU. ARE THERE ANY ADDITIONS OR CORRECTIONS TO THE AGENDA TONIGHT? YES, WE DO HAVE ONE. THE HAMLET APPLICANT IS HERE TONIGHT TO DO AN INFORMAL PRESENTATION. THEY WOULD LIKE TO BE ADDED UNDER OTHER BUSINESS.THEY'RE WORKING ON SOME CHANGES TO THE COMMERCIAL AREA. THEY GAVE THIS PRESENTATION TO THE ARB LAST WEEK. THEY WOULD LIKE TO GIVE THE SAME PRESENTATION TO YOU GUYS TONIGHT. SO WE PROPOSED THAT THEY WOULD BE ADDED UNDER OTHER BUSINESS BEFORE THE CODE CHANGES. SOUNDS GOOD. ANY OTHERS? WOULD EVERYONE WISHING TO SPEAK TO THE COMMISSION TONIGHT PLEASE RISE. SHALL WE DO THE MINUTES? YEAH. WE SHOULD. OKAY. SO FOR. NO, ACTUALLY, WE'LL DO WHILE WE'RE HERE. DO YOU SWEAR TO TELL THE TRUTH AND NOTHING BUT THE TRUTH? THANK YOU. AND WE SHOULD SILENCE OUR PHONES, AND THEN WE'LL GET TO THAT. ALL RIGHT. WE'LL DO THE MINUTES, THEN. OKAY. BRING US
[III. Action on minutes]
BACK TO ITEM THREE. ACTION ON THE MINUTES. DO WE HAVE ANY CORRECTIONS TO THE NOVEMBER 18TH MINUTES? I HAD NONE. I KNOW NONE. DO I HEAR A MOTION NOW? MOVE TO APPROVE THE MINUTES FROM THE NOVEMBER 18TH, 2024 MEETING AS PRESENTED. DO I HEAR A SECOND? I'LL SECOND THAT. ANY DISCUSSION ON THE MOTIONS OF THE MINUTES? OKAY. THE ROLL PLEASE. MR. WALLACE? YES. MR. SHELL.YES. MR. KIRBY. YES. MR. LARSEN? YES. MISS BRIGGS. YES. MOTION PASSES WITH ALL VOTES IN FAVOR OF APPROVAL OF THE MINUTES AS PRESENTED. THANK YOU. BRINGS US TO ITEM FIVE, HEARING OF VISITORS FOR ITEMS THAT ARE NOT ON TONIGHT'S AGENDA. DO WE HAVE ANY SUCH VISITORS? HEARING NONE,
[VI. Cases]
WE'LL MOVE ON TO OUR CASES. OUR FIRST CASE IS VARIANCE 61 2024. CAN YOU HEAR FROM STAFF? OKAY.SO THIS IS THE REHEARING FOR VARIANCE TO NOTTINGHAM CHASE ZONING SECTION. TO ALLOW A COVERED PORCH TO ENCROACH INTO THE 29 FOOT REAR YARD. SETBACK FOR 6309 CALLAWAY SQUARE WEST.
SO THIS IS JUST SHOWING WHERE THE RESIDENCE IS LOCATED ON CALLAWAY SQUARE WEST AND IS IN THE NOTTINGHAM TRAIL SUBDIVISION, SO PREVIOUS REQUEST AND BACKGROUND WITH THIS VARIANCE WAS HEARD IN THE NIGHT IN SEPTEMBER, AND THEN WAS HEARD AGAIN IN NOVEMBER FOR RECONSIDERATION. THAT WAS APPROVED. AND THAT'S WHY WE ARE HERE TODAY. SO THIS IMAGE SHOWS THE ORIGINAL REQUEST THAT WITH THE PORCH AND FIREPLACE ENCROACHING ABOUT FOUR FEET INTO THE REAR YARD. SETBACK. NOTTINGHAM'S ZONING TEXT ALLOWS FOR PORCHES TO ENCROACH UP TO SIX FEET INTO THE MINIMUM REAR YARD, OR THE MAXIMUM REAR YARD SETBACK, AND FOR THIS ADDRESS, WITH A 35 FOOT SETBACK, THE 29FT IS THE MAXIMUM ALLOWED. AND THIS ORIGINAL PROPOSAL WAS FOR A 24.97FT. SO UPDATE SINCE THE SINCE SEPTEMBER, THE HEARING FROM THE HOMEOWNER HAS MADE SOME UPDATES. SO WE HAVE A REVISED SITE PLAN. SO THAT THE FIREPLACE NO LONGER ENCROACHES INTO THE REAR YARD SETBACK. JUST THE PORCH. THE SETBACK ENCROACHMENT HAS BEEN REDUCED TO APPROXIMATELY TWO FEET AND THE SUBMITTED SUBMITTED ADDITIONAL INFORMATION THAT WASN'T AVAILABLE IN SEPTEMBER. WHICH WOULD BE THE PHOTO SEEN HERE OF THE BACKYARD, AS WELL AS A LETTER FROM THE HOMEOWNER BEHIND THE APPLICANT'S PROPERTY. THAT IS IN THAT IS, ACCEPTING THE VARIANCE ON THEIR BEHALF. SO FOR THE NEW REQUEST IS A SMALLER ENCROACHMENT, THE PROPOSED WOULD BE 2.03FT PAST THE 29 FOOT ALLOWED SETBACK, SO IT WOULD BE AT 26.97FT FROM THE REAR PROPERTY LINE. AND THE APPLICANT HAS TAKEN STEPS PREVIOUS SUGGESTION INTO ACCOUNT AND HAS RELOCATED THE FIREPLACE SO THAT IT IS NOT ENCROACHING. AND THEN THESE JUST SHOW THE ARCHITECTURAL PLANS FOR THE PORCH. SO IN SUMMARY, THERE DO NOT THERE ARE SPECIAL CONDITIONS AND CIRCUMSTANCES THAT EXIST. WITH THIS PARTICULAR PROPERTY. ALL OF THE LOTS ALONG THE WESTERN BOUNDARY OF THE SUBDIVISION HAVE THE SAME SETBACK. HOWEVER, THE SUBDIVISION HAS VARYING BUILDING SETBACK REQUIREMENTS. INTERIOR LOTS HAVE 15 TO 20 FOOT PRIMARY BUILDING SETBACKS AND LOTS LOCATED ON THE OUTSIDE OF THE SUBDIVISION. SUCH AS THIS ONE HAVE LARGER SETBACKS SINCE THEY ARE ADJACENT TO TOWNSHIP OR COLUMBUS RESIDENTS. THE ZONING
[00:05:05]
CONTEMPLATES REAR YARD AMENITIES SUCH AS THIS TO ENCROACH ON THE SETBACKS. ADDITIONALLY, THE APPLICANT DOES NOT PROPOSE TO ENCROACH INTO THE DRAINAGE EASEMENT IN THE HOUSE. LOCATED BEHIND THE PROPERTY IS 220FT AWAY AND HAS GIVEN THEIR CONSENT FOR THIS VARIANCE. AND IF YOU HAVE ANY QUESTIONS, PLEASE LET ME KNOW. SO. I MY RECOLLECTION WAS AT LEAST THE REASON THAT THAT I THOUGHT WE HAD AGREED OR THE COMMISSION AGREED TO RECONSIDER.THIS HAD TO DO WITH AN IMPROPER PERMITTING ISSUE THAT HAD ARISEN AND THE WITH THE APPLICANT RAISING THE ISSUE OF WHETHER SHE HAD RECEIVED SUFFICIENT NOTICE OF THE SETBACK. AND. I THAT I.
SO WHAT I'M LOOKING FOR TONIGHT IS SOME CONFIRMATION. I WROTE A COUPLE QUESTIONS, YOU KNOW, DID THE CITY CONFIRM THAT THE SETBACK HADN'T APPEARED IN THE IN THE DEED SUCH THAT SHE WOULD HAVE NOTICE OF IT? AND THEN THERE WAS AN ISSUE WITH THE LOT NUMBERS BEING CHANGED. AND SO THE INFORMATION MAY HAVE THE WAY THE LOT NUMBERS WERE CHANGED AND THE WAY THE DEED WAS DRAFTED MAY HAVE FAILED TO GIVE THE APPLICANT NOTICE. CAN YOU COMMENT ON ON THAT? YEAH, ABSOLUTELY. SO THE STAFF HAS DONE RESEARCH FOR ALL THOSE HOMES ALONG THAT WESTERN EDGE.
WE DID FIND THAT THERE WAS ONE PATIO THAT WAS PER THAT WAS PERMITTED ERRONEOUSLY. SO IT ALSO HAS ABOUT A TWO FOOT ENCROACHMENT. WE ALSO FOUND THAT THERE WAS A HOUSE THAT WAS BUILT THAT ENCROACHES ABOUT SIX INCHES INTO THE REAR YARD SETBACK. SO NOW THAT WE KNOW THE EXTENT OF OTHER ENCROACHMENTS ALONG THAT WESTERN BOUNDARY, STAFF HAS ELECTED TO BRING THIS BACK TO THE PLANNING COMMISSION. IN THE MEANTIME, WE WILL AND HAVE STARTED TO NOTIFY THOSE NEIGHBORS TO LET THEM KNOW THAT THE CITY WILL BE DOING A SPONSORED VARIANCE FOR THOSE PATIOS AND THE HOUSE AS WELL. IN THIS CASE, IT WASN'T PERMITTED ERRONEOUSLY. IT WAS CAUGHT BY STAFF. BUT THERE ARE OTHER ONES THAT HAVE RECEIVED OR THAT HAVE THE SAME ENCROACHMENT THAT WERE PERMITTED ERRONEOUSLY. AS FAR AS THE DEED GOES. SO YEAH, THE REAR YARD SETBACKS DON'T APPEAR ON THE DEED. SO IF THAT COMES UP AS A SURVEY, IT TYPICALLY SHOWS A FRONT YARD SETBACK ONLY BECAUSE THAT'S WHAT'S ON THE PLATS. ONE OF THE THINGS WE DISCUSSED AT THE LAST MEETING, AND IT WAS ACTUALLY BROUGHT UP BY OUR LEGAL COUNSEL AT THAT MEETING, ONE UNIQUE CIRCUMSTANCE IS THAT THE PLAT LOT NUMBER DIFFERS FROM THE FINAL DEVELOPMENT PLAN. AND SO WE THINK THAT'S WHAT'S BEEN CAUSING CONFUSION FOR NOT ONLY THE HOMEOWNER, BUT LIKELY STAFF HISTORICALLY AS WELL. THAT EXPLAINS WHY YOU'VE GOTTEN TO THIS POINT TODAY. OKAY. THANK YOU. IS THE PROPOSED VARIANCE THAT STAFF WOULD BRING OR THE CITY WOULD BRING COMPARABLE TO THIS ONE? YES. IN FACT, THEY'RE ALL ALMOST EXACTLY THE SAME TWO FOOT ENCROACHMENT. CAN WE MAKE THEM EXACTLY THE SAME? SO THE OTHER ONE IS BASED ON THE EXISTING CONDITIONS AND WE CAN CONFIRM. BUT I THINK IT IS EXACTLY TWO FEET ACTUALLY MIGHT BE A LITTLE LESS THAN TWO FEET. I THINK IT'S 1.9FT. AND THIS ONE IS 2.03FT. SO IT'S OFF BY LESS THAN A FACTOR OF ONE FOOT. RIGHT. MY, MY POINT IS THAT ONE OF THE DUNCAN CRITERIA IS THAT IT DOESN'T PROVIDE ANYBODY WITH AN ADVANTAGE OVER THEIR NEIGHBORS OR ROUGHLY SPEAKING. AND SO IF WE EFFECTIVELY FIX IT FOR EVERYONE TO BE THE SAME, THAT PIECE OF THE DUNCAN CRITERIA IS NO LONGER AN ISSUE. I THINK YOU MIGHT BE DEALING WITH THINGS THAT HAVE BEEN IN EXISTENCE FOR SOME TIME, SO SORT OF SHADING WE COULD MAKE IT A MAXIMUM OF LIKE EVERYTHING HAS TO BE UNDER 2.2.3 IS THE NUMBER 2.03 IS THE NUMBER THAT. THAT'S THE LARGEST OF THE NUMBERS HERE. WE MAKE THAT THE NUMBER. AND THE PEOPLE WITH THE SIX INCHES ALSO GET RELIEF. THE PEOPLE AT 1.9FT GET RELIEF. AND THEY ALL HAVE THE SAME BUILD LINE EFFECTIVELY.
YEAH, WE COULD CERTAINLY INCLUDE THAT IN OUR STAFF REPORT FOR THAT FUTURE VARIANCE. SO YOU GUYS HAVE THAT BASELINE NUMBER TO GO OFF OF. IS THERE A WAY WE CAN TIE THESE TOGETHER. THEY WOULD HAVE TO BE SEPARATE VARIANCES. WE COULD DELAY THIS ONE FOR SO THAT THEY'RE HEARD AT THE SAME NIGHT. BUT YOU KNOW AND. YOU KNOW NOT TO HOLD UP THIS HOMEOWNER TO MAKE SURE WE TRY TO TAKE ACTION ON IT. SINCE EACH SITE IS, YOU KNOW, BASED ON ITS OWN SET OF CIRCUMSTANCES. WE THOUGHT IT'D BE BEST TO HEAR THIS ONE TONIGHT BY THE PLANNING COMMISSION, IF YOU THINK THAT'D BE ALL RIGHT, AND TAKE THAT FUTURE VARIANCE. ONCE WE'VE MADE CONTACT WITH THAT, THAT PROPERTY
[00:10:05]
OWNER. BUT CERTAINLY I THINK THE STAFF REPORTS WILL BE VERY SIMILAR IN THIS CASE AS YOU MENTIONED. OTHER QUESTIONS FROM THE COMMISSION. AND COULDN'T THIS JUST BE AN EXACT TWO PHOTOS. SO WE DON'T HAVE DECIMALS AND WORRY ABOUT THAT. YEAH, WE CAN CERTAINLY ROUND UP.YEAH. WE JUST WANT TO BE VERY PRECISE WITH YOU IN THIS CASE. YEAH. YOU GUYS KNEW BECAUSE THERE WERE SOME QUESTION ABOUT WHAT THE SETBACK WAS AT THE LAST MEETING. BUT YEAH, WE CAN CERTAINLY, YOU KNOW, ROUND UP. BUT I THINK IN THIS CASE WE TRIED TO BE VERY PRECISE SINCE WE WERE TALKING ABOUT VERY SIMILAR CIRCUMSTANCES ON TWO DIFFERENT LOTS. AND I WAS REFERRING TO THIS WOULD BE AN OVER TWO FEET. YEAH. LIKE THERE'S NO REASON FOR IT TO BE OVER. OVER TWO FEET. YEAH. I GUESS THAT WOULD BE UP TO THE APPLICANT THEMSELVES. I GUESS IT'S BASED ON THE DESIGN TO GET AN BASED ON WHERE THE HOUSE IS TODAY, IN ORDER TO ADD EIGHT FEET. I GUESS THAT'S WHERE YOU GET TO THAT DECIMAL, BECAUSE THE HOUSE IS AT A CERTAIN DECIMAL OF A FOOT AWAY FROM THE REAR YARD, IF THAT MAKES SENSE. AND THAT WOULD BE A QUESTION FOR THE APPLICANT IF THEY'D BE WILLING TO. SO I WANT TO GO BACK TO MY QUESTION. SO FROM THE CITY'S PERSPECTIVE IS, IS DOES THE CITY AGREE THAT BASED ON THE DEED AND PLOTTING INFORMATION THAT THE APPLICANT WOULD HAVE RECEIVED WHEN SHE PURCHASED THE HOME, THAT THE 35 FOOT SETBACK WASN'T IMMEDIATELY VISIBLE TO HER? YES. OKAY. THANK YOU. BECAUSE IT STRIKES ME THERE'S A DIFFERENCE HERE. SO WITH THE FOLKS THAT THAT PUT THE PUT PORCHES IN AND GOT GOT PERMITTED, THEY WERE ALLOWED SOMETHING THAT THEY WEREN'T ALLOWED TO HAVE ANYWAY. AND THE ONLY REASON THEY'RE GETTING IT IS BECAUSE THE CITY MADE A MISTAKE. WE DON'T HAVE THAT SAME SITUATION WITH THIS APPLICATION. THE ONLY SO WE'RE SHE'S COMING IN BEFORE THE OTHERS WILL BE COMING IN AFTER.
AND THEY WOULD THE, THE ONES WE'RE GOING TO DO THE, THE CITY IS GOING TO DO THE VOLUNTARY VARIANCE FOR OUR FOLKS. THAT WOULD BE IN THE POSITION OF HAVING BEEN ALLOWED TO DO WHAT THEY WERE DOING, AND THEN HAVING THE CITY COME IN AND SAY, OH, BY THE WAY, YOU HAVE TO RIP IT ALL OUT AND GO TO THAT EXPENSE BECAUSE WE MADE A MISTAKE. AND THERE'S HISTORY HERE WITH THIS COMMISSION THAT WE HAVEN'T, WE HAVEN'T REQUIRED THAT ALL THE TIME. BUT THIS APPLICANT IS A LITTLE DIFFERENT. SHE'S COMING IN TO ASK FOR SOMETHING THAT THE OTHER PEOPLE HAVE, BUT THEY WEREN'T ALLOWED TO HAVE IT AND THEY WOULDN'T HAVE IT EXCEPT FOR THE CITY'S MISTAKE. SO HAVING SAID THAT, I'LL STILL THINK ABOUT. WELL, WE'LL HEAR FROM THE APPLICANT, I GUESS. AND THOSE PREVIOUS APPLICANTS WENT THROUGH THE RIGHT PROCESS OR PROCEDURE, SO THEY DIDN'T MAKE ANY MISTAKE ON THEIR OWN. THAT'S RIGHT. THEY JUST. USE THE CITY'S PROCESS. YEAH. CAN WE HEAR FROM THE APPLICANT? THANK YOU. I'M NANCY WILLIS, THE OWNER OF SIX 309 CALLAWAY SQUARE WEST. AND WE HAD A RATHER EXTENSIVE DISCUSSION ABOUT MY VARIANCE REQUEST AT THE LAST PLANNING COMMISSION. SO I DON'T FEEL THE NEED TO GO THROUGH A LOT OF THAT. YOU ALSO HAVE A LETTER FROM ME AND EXHIBITS. BUT I WOULD JUST LIKE TO MAKE A COUPLE OF POINTS. OKAY. ONE OF THEM IS THAT THERE ARE SEVERAL PATIOS AND ONE SCREENED PORCH ON MY SIDE OF THE ROAD, WHERE THIS IS AN ISSUE.
AND ALL OF THOSE ARE 12FT WIDE, INCLUDING THE ONE THAT IS, YOU KNOW, OUT OF COMPLIANCE. BUT, I MEAN, THEY'RE ALL 12FT WIDE AND 12FT IN WIDTH IS ALSO WHAT THE STANDARD PATIO IS THAT NOTTINGHAM TRACE OFFERS BY PULTE HOMES IN MY NEIGHBORHOOD. I ALSO WANTED TO REINFORCE THE FACT THAT THERE IS A NEW NEIGHBOR NOW BEHIND ME WHO OWNS THE PROPERTY, THE PREVIOUS NEIGHBOR WHO HAD INSISTED ON THE 35 FOOT SETBACK NO LONGER LIVES THERE. AND YOU DO HAVE A LETTER FROM THE CURRENT OWNER SAYING THEY DO NOT HAVE ANY OBJECTION TO THE VARIANCE, AND NONE OF THE NEIGHBORS HAVE EXPRESSED ANY. I KNOW YOU DIDN'T SAY THAT, BUT NONE OF THE NEIGHBORS HAVE EXPRESSED ANY OBJECTION FOR ANY OF THESE THREE HEARINGS. THE MINUTES THAT YOU JUST APPROVED, I WANTED TO MAKE A COMMENT ABOUT THOSE ON PAGE THREE. IT SAYS, QUOTING COMMISSIONER LAWSON, ASKED WHETHER LOT NUMBER 101 HAD A DIFFERENT SETBACK THAN LOT NUMBER 107. PLANNING MANAGER MAYER RESPONDED THAT ALL OF THESE LOTS HAVE THE 35 FOOT SETBACK. HOWEVER, AS MR. MAYOR ALSO NOTED, THIS IS IN THE MINUTES FROM THAT MEETING AS WELL. THE LOTS WERE NUMBERED
[00:15:05]
DURING THE REZONING PROCESS AND DURING THE FINAL PLAT PROCESS. THE LOTS WERE NUMBERED DIFFERENTLY. THERE ARE VARYING SETBACKS IN THE SUBDIVISION. THIS DISPARITY WAS NOT CAUGHT UNTIL REVIEW OF THIS APPLICATION FOR A VARIANCE WAS UNDERWAY. THAT'S AT THE MINUTES AT PAGE TWO. SO THERE IS AN ACTUAL DISCREPANCY BETWEEN THE ZONING REGULATIONS AND THE FINAL PLAT MAP REGARDING LOT NUMBERS. SO THE ANSWER TO MR. LARSEN'S QUESTION IS YES, BECAUSE UNDER THE ZONING REGULATIONS, AS THEY ARE WRITTEN, SECTION E5C SAYS THAT LOT NUMBER 107 HAS A 15 FOOT SETBACK. AND UNDER SECTION E5D LOT NUMBER 101 HAS A 35 FOOT SETBACK. AND MY DEED AND THE FINAL PLAT MAP STATE THAT I OWN LOT 107. SO I UNDERSTAND WHAT MR. MAYER WAS SAYING. AND TECHNICALLY HE'S HE'S ACCURATE IN THE SENSE OF THEY INTENDED THE ZONING REGULATIONS FOR THE LOTS ON THAT SIDE TO HAVE THE SAME SETBACK. BUT WHEN YOU LOOK AT THE ACTUAL LANGUAGE AND THE NUMBERS, THERE IS A DISCREPANCY. SO WITH THAT, I WOULD ENTERTAIN ANY QUESTIONS YOU HAVE, AND I WOULD RESPECTFULLY ASK YOU TO APPROVE THE VARIANCE. THANK YOU. DOES THE CITY AGREE THAT. THE SETBACK COULD BE THE SETBACK OF LOT 107 COULD BE INTERPRETED TO BE ONLY 15FT. I THINK THERE'S CERTAINLY CERTAIN LOTS WHERE. YEAH, THERE ARE THERE IS A BIGGER DISCREPANCY BETWEEN SETBACKS. AND IT WOULD BE MORE CONFUSING BECAUSE OF THOSE LOT NUMBERINGS NOT BEING CONSISTENT.SO YEAH, I GENERALLY AGREE WITH THE APPLICANT THAT IT CERTAINLY COULD BE POSSIBLE. OKAY. OTHER QUESTIONS FOR CITY IS THE PATIO THE BRICK PAVERS, CAN THEY GO INTO THE SETBACK OR IS THAT ALSO A VIOLATION. SO THAT IS WHAT THE VIOLATION IS. AND THAT'S WHAT THE VARIANCE WAS FOR. JUST THE PAVERS COULD BE. OR IS IT THE PORCH. THAT'S THE VIOLATION. IT'S ANYTHING. SO IT'S THINGS LIKE DECKS PATIOS WHETHER THEY'RE COVERED OR UNCOVERED OR EVEN SCREENED IN PORCHES, ARE ALLOWED TO ENCROACH INTO A SETBACK UP TO SIX FEET. SO IN THIS CASE, THERE'S A 35 FOOT BUILDING SETBACK WITH THAT SIX FOOT ENCROACHMENT. THAT MEANS ANY OF THOSE ITEMS COULD BE UP TO 29FT AWAY FROM THE REAR LOT LINE. IN THIS CASE, THERE IS A OPEN SIDED ROOFED PATIO THAT'S ENCROACHING THAT 29 FOOT SETBAC. TWO FEET. OKAY. AND YOU NEED THE THIRD OF AN INCH JUST TO MAKE THE NUMBERS WORK. EXCUSE ME? THE 30.03FT. IF I DID THE MATH RIGHT IS 0.36IN. CALL IT A THIRD OF AN INCH. CORRECT. AND THAT'S WHAT MY BUILDER JUST DID THE MATH FOR ME. AND HE SAID IT'S LESS THAN HALF AN INCH. ALL RIGHT. SO I MEAN, IF WE CALL THIS TWO FEET ONE INCH TO MAKE EVERYONE'S LIFE EASIER, I THINK SO. ABSOLUTELY. ALL RIGHT. DO YOU OBJECT IF WE EXTEND IT TO TWO FEET, ONE INCH, RATHER THAN 2.03IN OR FEET? NO. ABSOLUTELY NOT. NO. TWO INCH. ALL RIGHT. DOES ANYONE FROM THE PUBLIC HAVE ANY QUESTIONS OR COMMENTS ON THIS? FURTHER QUESTIONS FROM THE COMMISSION. I MOVE TO ACCEPT THE STAFF REPORT AND RELATED DOCUMENTS INTO THE RECORD FOR. THANK YOU. ZONING CHAIR. THIS IS VARIANCE 61 2024. DO I HEAR A SECOND ON THE DOCUMENTS MOTION? SECOND. ANY DISCUSSION ON THE DOCUMENTS MOTION? COULD YOU THE ROLL, PLEASE? MR. KIRBY? YES. MISS BRIGGS? YES. MR. SHELL. YES. MR. LAWSON. YES. MR. WALLACE. YES. MOTION PASSES WITH ALL VOTES TO ADMIT THE DOCUMENTS. SO YOUR MOTION FOR THE VARIANCE ITSELF. I'LL MAKE A MOTION FOR APPROVAL OF APPLICATION. VAR DASH 61-2024. BASED ON THE FINDINGS IN THE STAFF REPORT, WITH THE
[00:20:05]
CONDITIONS LISTED IN THE STAFF REPORT SUBJECT TO STAFF APPROVAL. DO YOU WANT TO ADD TO THAT THAT THE VARIANCE IS TWO FEET ONE INCH AND THE VARIANCE WOULD BE TWO TWO FEET ONE INCH? THERE WE GO. DO I HEAR A SECOND? I'LL SECOND THAT. DISCUSSION OF THE MOTION ON THE VARIANCE ITSELF. THE ROLL PLEASE. MISS BRIGGS? YES. MR. SHELL. YES. MR. KIRBY? YES. MR. LAWSON. YES. MR. WALLACE? YES. THE MOTION PASSES WITH ALL VOTES TO APPROVE THE APPLICATION, SUBJECT TO THE CONDITIONS LISTED IN THE STAFF REPORT AND THE ADDITIONAL CONDITION THAT THE VARIANCE WOULD BE 2.1IN, TWO FEET, ONE INCH, TWO FEET, ONE INCH. SORRY. THERE WE GO. I JUST WANT TO SAY FOR THE RECORD THAT THE REASON I VOTED FOR THE VARIANCE, WHICH I DON'T VOTE FOR VARIANCES VERY OFTEN, IS BECAUSE OF THE UNCERTAINTY AS TO WHETHER THE 35 FOOT SETBACK COULD BE ENFORCED AGAINST THE APPLICANT BASED ON THE INCONSISTENCIES IN THE PLANNING DOCUMENTS AND THE DEED.SO THAT'S THE MAIN REASON. PLUS, SHE'S NOT GETTING ANYTHING MORE THAN ANY OF THE OTHER IMPROPERLY PERMITTED FOLKS HAVE RECEIVED. SO FOR THAT REASON, I VOTED YES. AND LIKEWISE THAT AND THESE. IT IS THE CITY'S INTENT TO FIX THAT, TO KEEP IT FROM BEING ONLY CERTAIN HOUSES THERE, THAT THE THAT WHOLE STREET WOULD HAVE THAT SAME ORDINANCE. AND I ALSO APPRECIATED THE LETTER FROM THE NEIGHBOR AND THE PHOTOS THAT WAS HELPFUL TO. RIGHT. ALL RIGHT. GOOD LUCK. GOOD LUCK. ENJOY YOUR PORCH. THANK YOU. THAT TAKES US TO THIS TAKES US TO FPL 90. PLAT DEDICATION DOWNTOWN. ALL RIGHT.
HEAR, HEAR FROM STAFF, PLEASE. YES. THANK YOU. THIS FINAL PLAT WAS DESIGNED BY THE CITY ENGINEER. AND THIS MAP HERE SHOWS THE DEDICATIONS AND EXTENSIONS IN RED, AS WELL AS THE AREA TO BE LAND SWAPPED. SHOWN IN BLUE. THIS PLOT DEDICATES RIGHT OF WAY FOR THE EXTENSION AND DEVELOPMENT OF SEVERAL STREETS. THE HIGHLIGHTED AREA ILLUSTRATES THE RIGHT OF WAY EXTENSIONS FOR SECOND STREET, THIRD STREET AND STREET A, WHICH WILL BE NAMED SOON.
SECOND AND THIRD STREETS WILL INCLUDE APPROXIMATELY 180 LINEAR FEET WITH A 49 FOOT WIDE RIGHT OF WAY. THE AREA SHOWN IN RED REPRESENTS THE VACATION OF THE EXISTING RIGHT OF WAY, WHICH WILL BE EXCHANGED WITH THE PARCEL DIRECTLY TO THE NORTH TO FACILITATE THE CONSTRUCTION OF STREET A BY THE CITY. THE FINAL PLAT ALSO FORMALLY NAMES AND DEDICATES THIS SECTION OF PUBLIC RIGHT OF WAY IN PART OF STREET A. LASTLY, THE FINAL PLAT FORMALLY NAMES THIS RIGHT OF WAY TO HAWTHORNE ALLEY THAT EXTENDS FROM CHERRY ALLEY TO THIRD STREET. THE PROPOSED PUBLIC STREET PATTERN FOLLOWS THE RECOMMENDATIONS CONTAINED IN THE ENGAGE NEW ALBANY STRATEGIC PLAN, THE EXTENSION OF THE STREET GRID AND ESTABLISHMENT OF STREET CONNECTIONS CREATES A WALKABLE STREET PATTERN AND BLOCKS FOR NEW, APPROPRIATELY SCALED DEVELOPMENT. THE CITY PARTICIPATION ENCOURAGES GROWTH WITHIN THE VILLAGE CENTER AND ENSURES THE STREETS ARE WALKABLE AND DESIGNED TO EMPHASIZE THE PEDESTRIAN EXPERIENCE. AND I'M HERE IF YOU HAVE ANY QUESTIONS.
CAN WE WALK THROUGH REALLY SLOWLY? YES. POSSIBLY WITH GOOGLE MAPS WHERE THIS IS GOING TO WIND UP, BECAUSE I HAD A HARD TIME WORKING THIS AND I'VE WALKED THROUGH THOSE PROPERTIES FOR YEARS. YEAH. WELL, THE ONLY MAP I HAVE IS THIS ONE. OKAY. SO THIS IS ORIENTED NORTH TO THE TOP, I PRESUME. RIGHT HERE. YEAH. SO THIS IS EAGLES PIZZA. THANK YOU. THIS WOULD BE HAWTHORNE ALLEY. THIS IS SECOND. THIS IS THIRD STREET. THIS IS STREET A TO BE NAMED AT A LATER DATE. AND THEN THIS BLUE AREA IS A LAND SWAP WITH THIS PARCEL TO THE NORTH THAT WOULD BE PART OF STREET A, AND THAT'S THE NEW ALBANY EXCHANGE ON THE EAST SIDE OF IT, ALONG US 62 THERE, WHERE YOU SEE THE PARKING LOT EAST OF THE PROPOSED THIRD STREET. SO CURRENTLY THIRD STREET ENDS AT 62 OR HAS A LITTLE BIT OF RIGHT OF WAY NORTH AND RIGHT THERE BECAUSE AND THEN THAT ONE IS RIGHT THERE. ALL RIGHT. SO IT PUNCHES THE GRID THROUGH. WE ARE SOUTH OF MILLER AVENUE. THAT'S RIGHT. OKAY. AND SO WE'RE CONNECTING 62 AND 605. THAT'S RIGHT. ALL RIGHT. AND OKAY.
THANK YOU. YEAH. THAT HELPS A WHOLE LOT ABOUT WHAT WE WERE TALKING ABOUT. BECAUSE THERE'S A LOT OF 50 FOOT LOTS AND 100 FOOT LOTS. YEAH, IT'S A LOT GOING ON IN THAT NEIGHBORHOOD. AND I WAS TRYING TO WORK OUT, IS THIS RELATED TO THE EXTENSION OF MARKET STREET, FOR EXAMPLE,
[00:25:03]
WHICH COMES UP? SO NEW MARKETS. THE MARKET STREET EXTENSION HITS 62 RIGHT AT THE CURVE OF THE CHURCH. YES. SO THIS IS ACTUALLY UNRELATED BUT RIGHT NEXT DOOR. SO THE MARKET STREET EXTENSION WILL GO UP THIRD. IT WILL STRAIGHTEN THIS OUT. SO THIS IS A THROUGH MOTION. PART OF THAT MARKET STREET EXTENSION IS VACATING THIRD STREET. SO THIS SECTION OF THIRD STREET WILL GO AWAY JUST DUE TO VEHICULAR TURNING REASONS. IT CAN NO LONGER CONNECT IN HERE SINCE THIS WILL BE THE THROUGH MOTION. THIS PUBLIC ALLEY WILL ACTUALLY PUNCH OUT HERE. SO THIS WOULD BE DONE VIA A SEPARATE DEDICATION. SO THIS PUBLIC ALLEY WILL CONNECT INTO MAIN STREET AND GO ALL THE WAY THROUGH TO CHERRY ALLEY HERE. SO AT THE EDGE OF THE EXCHANGE. THAT'S RIGHT.OKAY. THERE'S EAGLES. SO EAGLES IS RIGHT THERE. YEAH. THIS IS THE 24 EAST. YEAH. WE WERE OKINGLO BAC AT SOKME HISTOCALRI INTENTDOS. AND IT'KIND OS F STINGRE WHEYOU THN KIN AUT WEOW UPDE OURAT SATEGICTR PLAN ABOUTVERY EIKE L 5 OR 6 KNOWWYEVE BEEE'N DOI,NG YOU STRAT,IC PLAEGINGNN SINCE TH MIDE TO TELA 9.0S AND I FOU NDATWH I THI ISNKUR OIRST F PRTED SINATEGICTRLAN FR POM 97 OR8. I 9YOUF TE AAK LOOKT A AT, ITHT SHOWSHE T EXACTAME S STET GRIREDETWORK N AS, AS UYO SEEERE. S HIFO YOU THINKBOUT A MUCHH H MASHANGED CHOW, THATRO H,WN THE ONE TNGHI BEEN'S CSTANTONHROUGH TT NNINGLA I NEWN ALBY ISAN WALKIRE D THAVEO THIS LEAB SEETTR GRID IN T HESTORICHIILLAGE VENTER, COU Y OPPOIFKN ANDHEN W THE UNITY RTOULDSH PSENTRE THIN.T'S IXCITIN EG TO ALMO, YOUHA KW,NOFTER A THATUARTER QF O A CENRY,TU PPORTU OTY ISNIINALLY F AND WE'VE FOU ANDROPERT PY OWR,NE Y KNOW,OU WHOANTS WO P THIS PROPEYRT IN CEANITH WHE T NEW AANYLB RATEGISTPLANC AND THEONING Z GUELINESID. AND SO THAT'WHY WES THISHEVEPPORTU OTYNIO TRING B LAT T POOU TON YHT.IG WHO'S THE LOT OWNER JUST NORTH OF THE EXTENSION TO 605. WHO'S GOT THE NORTHERN RIGHT OF WAY EDGE. SO THIS IS ALL ON ONE PROPERTY OWNERS LAND. SO IT'S OWNED BY THE AMIR TRUST. AND SO THE PROPERTY OWNER IS A KARIM AMIR, AND HE HAS HIS DEVELOPMENT FIRM HORACE AND RAUL. AND SO THE NEW ALBANY CITY COUNCIL ACTUALLY JUST APPROVED A DEVELOPMENT AGREEMENT TO ENTER IN WITH THEM FOR THE DEVELOPMENT OF THIS AREA. SO KARIM, AS THE PROPERTY OWNER, HAS COMMITTED TO DEDICATING ALL OF THIS RIGHT OF WAY FOR THE STREETS AND ALLEYS AT NO CHARGE TO THE CITY. IN EXCHANGE, THE CITY WILL INSTALL ALL OF THE PUBLIC INFRASTRUCTURE WITHIN THE RIGHT OF WAY HERE. OKAY, STEVE, WHAT COULD GO THERE? WHAT TYPE? SO WE ACTUALLY JUST GOT A SUBMITTAL FOR THE DEVELOPMENT OF THIS SITE THIS PAST FRIDAY. SO THE PROPERTY OWNER IS GOING TO GO TO THE CITY'S ARCHITECTURE REVIEW BOARD FOR REVIEW OF THE DEVELOPMENT OF THE SITE. IT CONSISTS OF MULTI USE. SO FIRST STORY RETAIL, SECOND STORY APARTMENTS ALONG HIGH STREET. THERE ARE TOWNHOMES LIKE RICHMOND SQUARE ESQUE IN THE MIDDLE HERE. AND THEN THERE'S A THIRD SQUARE. IT'S A U SHAPED APARTMENT BUILDING. SO IT FRONTS ALL THE STREETS AND HAS A ACTUALLY A HALF SUNKEN GARAGE THAT'S UNDERNEATH OF IT. THAT'S ACCESS FROM THE ALLEY. SO THERE'S ONLY A VERY SMALL AMOUNT OF SURFACE PARKING AS PART OF THAT RETAIL COMPONENT. THE REST OF IT WILL BE INSIDE GARAGES OR UNDERGROUND, WHICH IS REALLY NEAT. AND WE'LL LOSE ONE OF THE FINEST PEAR TREES IN THE VILLAGE. THERE'S A PEAR TREE JUST BEHIND EAGLES DOWN THE WAY THAT IS LIKE 30FT TALL AND PRODUCES ENORMOUS AMOUNTS OF REALLY GOOD PEARS. YEAH. CAN'T RELOCATE THAT. CAN'T RELOCATE THAT. WE PLANTED TWO OF THE SAME CULTIVAR IN OUR YARD. IS THAT A DEVELOPMENT PLAN THAT WE'LL SEE, OR IS THAT JUST DRIVEN THROUGH STAFF THROUGH THE CITY'S ARCHITECTURE REVIEW BOARD, JUST THROUGH THE ARB? AND THAT HEARING IS IT IS JANUARY 2ND MONDAY IN JANUARY 2ND MONDAY. AND THERE'S PLANNING INVOLVED THAT WOULD COME HERE. YEAH. THAT'S WHAT THIS IS FOR TONIGHT. SO THIS IS FOR THE I'M AT FOR ANY I DIDN'T KNOW IF THERE WAS ANY FURTHER PLANNING ON THE ON THE BUILDINGS PER SE. NOT THAT WE'RE AWARE OF AT THIS POINT. THERE COULD BE. BUT IF THERE IS, YEAH, THAT WOULD COME BACK HERE.
YEAH. OKAY. SO I CAN JUST PULL THE TRIGGER ON THE FORM BASED CODE AND SAY IT LOOKS LIKE THIS FITS THESE, YOU KNOW, FITS A ONE OF A OR TWO OF B. PULL THE PERMITS. GREAT. AND IT IS AND IT IS JANUARY 13TH IS THE MEETING DATE OKAY. AND THE EXISTING ZONING SUPPORTS THE DENSITY THAT THEY'RE PROPOSING. THAT'S CORRECT. SO THE IT'S A FORM BASED CODE. SO IT LOOKS AT JUST
[00:30:03]
THE SCALE AND THE SIZE AND DESIGN OF THE BUILDINGS AND LESS ON USE. SO THERE'S A LOT OF FLEXIBILITY. AND THERE ACTUALLY ARE NO DENSITY STANDARDS IN THE VILLAGE CENTER. SO THEY JUST HAVE TO KIND OF KEEP WITHIN A CERTAIN BOX AND SHAPE. AND IF THEY MEET THAT, THEN THAT'S WHAT THE ZONING REGULATES. BUT THERE'S ALSO PARKING AND LANDSCAPING AND OTHER STANDARDS THAT COME ALONG WITH THAT AS WELL. BUT THAT ALSO SUPPORTS THE HISTORIC VILLAGE CORE. THAT'S RIGHT. COOL. ANY FROM THE PUBLIC? WERE THERE ANY QUESTIONS OR COMMENTS? I MOVE TO ACCEPT THE STAFF REPORTS RELATED DOCUMENTS INTO THE RECORD FOR FPL 90 2024. DO I HEAR A SECOND ON THE MOTION FOR THE DOCUMENTS? I'LL SECOND IT. ANY DISCUSSION OF THE DOCUMENTS? MOTION.KENNETH. ROLL, PLEASE. MR. KIRBY? YES, MR. LARSEN? YES. MR. YES, MR. SHELL. YES, MISS.
BRIGGS? YES. MOTION PASSES WITH ALL VOTES IN FAVOR OF ADMISSION OF THE DOCUMENT. THOUGH YOUR MOTION FOR A FINAL PLAT ITSELF. SO, ARE WE SIMPLY RECOMMENDING TO MOVE THIS TO COUNCIL? IS THAT WHAT WE'RE DOING TONIGHT? YES. CORRECT. I'LL TAKE THAT MOVE TO RECOMMEND APPROVAL TO CITY COUNCIL OF APPLICATION FPL 90 2024. SO YOUR SECOND ON THE MOTION. I'LL SECOND. ANY DISCUSSION ON THE MOTION? OKAY. THE ROLL PLEASE. MR. SHELL? YES. MR. LARSEN? YES. MR. WALLACE? YES. MR. KIRBY. YES. MISS BRIGGS. YES. MOTION PASSES WITH ALL VOTES IN FAVOR OF THE
[VII. Other business]
APPLICATION. SHOULD BE INTERESTING TO SEE. TAKES US TO OTHER BUSINESS. AND FIRST OFF, ITEM ZERO IS THE HAMLET. OH, WE'RE GOING TO DO THE HAMLET FIRST. YEAH, THEY ASKED ME AT THE TOP. OH THANK YOU. FULL SCREEN. IT TAKES A VILLAGE. THERE WE GO.THANK YOU. JUSTIN LYDA WITH STEINER ASSOCIATES. IT'S BEEN THREE MONTHS SINCE I WAS HERE, AND WE GOT APPROVED ON SEPTEMBER 16TH. LOT'S BEEN GOING ON. MY TEAM AND MY SIDE OF THE OFFICE.
OUR FOCUS HAS BEEN ON GETTING READY TO START CONSTRUCTION ON THE SITE IN THIS SPRING. SO WE SUBMITTED THE PLAT AT THE END OF NOVEMBER. SO I'VE BEEN WORKING WITH CHRIS AND THE CITY STAFF ON MAKING SURE THAT'S ALL READY TO GO, SO WE CAN ACTUALLY BRING IT HERE PROBABLY LATE NEXT MONTH.
IN ADDITION TO THAT, OUR CLEARING AND MASS EXCAVATION PLANS WILL BE READY TO BE SUBMITTED AND REVIEWED AS EARLY AS THE END OF THIS WEEK. IN ABOUT 30 DAYS, WILL BE SUBMITTING THE PRIMARY ROAD UTILITY INFRASTRUCTURE IMAGE AND IS GETTING READY TO SUBMIT THAT.
SOME OF THE LESS EXCITING STUFF WE'RE WORKING THROUGH OUR AGREEMENTS ON SITE FENCING. SO IN ABOUT 60 DAYS YOU'LL START TO SEE A SITE FENCE GO UP AROUND THE PERIMETER OF THE PROPERTY, AND THAT'S GOING TO ALLOW US TO START SOME OF THE INITIAL TREE CLEARING AND KIND OF LATE FEBRUARY, EARLY MARCH TIME FRAME SO THAT WE CAN BE FULLY ROLLING IN KIND OF THE SPRING TIME FRAME ON THE OTHER SIDE OF THE OFFICE. MY ASSOCIATE, RJ AND JAROMIR HAVE BEEN KIND OF WORKING ON SOME OF THE MORE EXCITING THINGS. WE HAD A VERY INTERESTING USER APPROACH US AFTER THE FTP WAS APPROVED. IT'S ACTUALLY A BOUTIQUE HIGH END HOTEL, AND THEY CAME TO US AND SAID, YOU KNOW, AFTER IT WAS APPROVED, WE COULD WE BE A PART OF THIS COMMERCIAL AREA. SO JAROMIR AND AJ HAVE BEEN WORKING WITH AARON AND A LOT OF THE FOLKS YOU KNOW, LIKE KEITH MYERS AND BRIAN, BRIAN, KEN JONES AND BRIAN LUDY FROM TORTI GALLAS TO SEE CAN IT WORK INTO THAT SITE PLAN? DOES IT WORK? DOES IT FIT? SO KIND OF AS WE'VE BEEN STUDYING, KIND OF KEEPING THE LAND MOVING, WE SAID NOW'S THE OPPORTUNITY FOR AJ AND THAT TEAM COME PRESENT SOMETHING THAT MERITS THE CONVERSATION AND THE DISCUSSION TO GET THAT KIND OF FEEDBACK. SO WE COULD GO TODAY.
BROUGHT IT TO ARB JUST FOR INITIAL FEEDBACK. AND SO TONIGHT AJ WANTED TO PRESENT ALONG WITH
[00:35:04]
AARON, JUST TO KIND OF SOLICIT KIND OF FEEDBACK GUIDANCE AND SEE IF THIS IS SOMETHING THAT WE MOVE AHEAD WITH. AND THIS IS ABOUT THE SHORTEST I GET TO SPEAK ON THIS PROJECT. SO I'M GOING TO PASS IT OFF TO AJ AND AARON. THANKS, JESSE. GOOD EVENING EVERYBODY. AARON UNDERHILL AT 8000 WALTON PARKWAY IN NEW ALBANY. ATTORNEY REPRESENTING THE APPLICANT. I WANTED TO SPEAK VERY BRIEFLY BECAUSE ALONG WITH JUSTIN, I'VE BEEN INVOLVED IN THIS PROJECT FOR GOING ON FOUR YEARS NOW. I WAS THINKING DRIVING IN HERE THAT I HAVE THREE KIDS. TWO OF THEM WERE IN HIGH SCHOOL AND ONE WAS IN MIDDLE SCHOOL. NOW I'VE GOT TWO IN COLLEGE AND ONE IN HIGH SCHOOL, AND I JUST BOUGHT MY FIRST SON HIS CAR ABOUT THE TIME I GOT HIRED TO DO THIS. AND I JUST TODAY BOUGHT MY YOUNGEST SON A CAR. SO I'M OLDER AND POORER AS I STAND HERE TODAY.BUT LUCKILY THIS IS THE GIFT THAT KEEPS ON GIVING. I SAY ALL OF THAT BECAUSE THE HAMLET, YOU KNOW, WHEN IT WAS FIRST PRESENTED, YOU KNOW, IT WAS THIS IDEA AND THE STRATEGIC PLAN.
AND, YOU KNOW, I THINK STEINER GROUP REALLY HAD A VISION FOR IT. I KNOW THAT WE'VE GOT A LOT ON OUR SKIS, A LITTLE BIT OUT AHEAD OF OURSELVES AND CITY AND US. WE ALL TOOK A STEP BACK. AND AFTER WE TRIED THIS, THE FIRST GO AROUND, THE SECOND TIME WE WERE, WE WORKED HAND IN HAND TO TRY TO MATCH WHAT YOU ALL AND THE CITY COUNCIL HAD DONE TO ADOPT SOME MORE OBJECTIVE, I GUESS, STANDARDS AND MORE GUIDANCE IN THE STRATEGIC PLAN TO KIND OF GUIDE WHAT WAS GOING TO HAPPEN ON THIS PROPERTY. AND SO ALL THAT TIME HAS PASSED FOR BECAUSE OF ALL THAT UPFRONT WORK. BUT I THINK MORE OF THE TIME HAS PASSED BECAUSE OF THE REAL CONCERTED EFFORT THAT HAS BEEN MADE HERE TO MAKE THIS A SPECIAL PLACE. AND I THINK THIS IS IN ADDITION TO SOME OF THE THINGS THAT JUSTIN'S BROUGHT TO YOU THIS COMMERCIAL PIECE TONIGHT AND THIS THIS USE AND THE USES IN PARTICULAR. WE'RE GOING TO SHOW YOU ARE REALLY A MANIFESTATION OF THE EFFORT THAT'S GONE IN, AND WE'RE ALL REALLY EXCITED ABOUT IT. SO THIS COMMERCIAL SUB AREA WE ALWAYS ENVISIONED, EVEN WHEN WE CAME THROUGH HERE JUST A FEW MONTHS AGO WITH THE FINAL DEVELOPMENT PLAN APPROVAL, WE ALWAYS ENVISION THE COMMERCIAL PROBABLY COMING BACK, GIVEN THAT UNLIKE IN A RESIDENTIAL CONTEXT WHERE WE CAN PLOT LOTS AND WE SORT OF KNOW WHAT THAT'S GOING TO LOOK LIKE, WE KNEW THIS WAS GOING TO BE USE AND USER DRIVEN, AND SO IT WAS ALWAYS OUR THOUGHT WE'D BE BACK IN FRONT OF YOU, AND WE WANTED TO COME BACK IN FORMALLY TO PRESENT TO YOU A PLAN TONIGHT THAT HAS A LUXURY HOTEL USER, WHICH SHALL REMAIN NAMELESS, BUT I THINK YOU'LL BE IMPRESSED WITH WHO IT IS IF WE IF WE ARE ABLE TO, TO GET THAT FAR. HOTELS ARE A PERMITTED USE UNDER THE ZONING. IN FACT, I WAS LOOKING BACK AT THE STRATEGIC PLAN UPDATE THAT WAS PASSED IN 2022 RELATED TO ALL OF THIS, AND IT SAID COMMERCIAL USES ARE ENCOURAGED TO INCLUDE ADMINISTRATIVE, BUSINESS AND PROFESSIONAL OFFICES, RETAIL STORES, RESTAURANTS, HOTELS AND PERSONAL SERVICES. ALSO ALONG WITH THIS, WE'RE GOING TO HAVE A CO-WORKING SPACE THAT IS LOCATED NEARBY TO THE HOTEL. USE. ALONG WITH FOOD AND BEVERAGE USES ALL AROUND THIS CIVIC GREEN THAT IS SUPPOSED TO BE REALLY THE EPICENTER OF WHAT'S GOING TO GO ON IN THIS COMMUNITY. IT'S NOTEWORTHY THAT THAT THE STRATEGIC PLAN ALSO SAYS THAT USES ON THE SITE SHOULD BE LOCATED AROUND THE CIVIC GREEN IN A MANNER THAT ARE COMPLEMENTARY IN NATURE WITH ONE ANOTHER AND TO ENCOURAGE ACTIVITY THROUGHOUT THE DAY RATHER THAN JUST AT PEAK TIMES.
AND SO, IF YOU'LL RECALL, WHILE WE'VE BEEN VERY CAREFUL TO DISTINGUISH THIS AREA FROM THE VILLAGE CENTER, WE DO KNOW WE ALL LIKE SOME MORE RESTAURANTS IN THE VILLAGE CENTER. AND ONE OF THE THINGS THAT'S MISSING THERE IS THAT ACTIVITY THROUGHOUT THE DAY. ONCE YOU GET PAST OFFICE HOURS AND INTO THE EVENING. SO ONE OF THE GREAT THINGS WE BELIEVE ABOUT THE USES WE'RE BRINGING TO THE TABLE TONIGHT, IN PARTICULAR THE HOTEL USE IS IT WILL BRING THAT ACTIVITY BEYOND NORMAL WORK HOURS. AND HOPEFULLY WE'LL CREATE A VIBRANCY IN THE EVENING HOURS AND ON THE WEEKENDS WHERE THE FOOD AND BEVERAGE ESTABLISHMENTS ESPECIALLY, WILL BE BE ABLE TO BE TO THRIVE AND, AND, YOU KNOW, WILL BE A DESTINATION PLACE FOR EVERYBODY, NOT ONLY THE PEOPLE IN THIS NEIGHBORHOOD, WHICH IT WILL BE, BUT ALSO OTHERS IN TOWN, ALL THOSE OTHERS OF US WHO LIVE IN OTHER PARTS OF TOWN. SO WITH THAT, I WANT TO HAND IT OVER TO AJ SCOTT WITH STEINER TO WALK YOU THROUGH THE PLAN, AND THEN WE'LL TAKE YOUR QUESTIONS AS YOU HAVE THEM ONCE HE'S FINISHED. THANK YOU. ALL RIGHT. THANKS, JUSTIN AND AARON, I THINK YOU GUYS SET A PRETTY GOOD BACKDROP FOR THIS. LIKE WAS SAID BEFORE, WE WERE BEFORE THE ARB A WEEK AGO. REALLY BEING INFORMAL. WE'RE WELCOMING CONVERSATION, HOPING TO GET REALLY HONEST AND
[00:40:01]
CLEAR FEEDBACK. THAT'S VERY IMPORTANT TO US THROUGH THIS. BUT REALLY, THAT'S WHERE WE'RE AT. I DON'T WANT YOU TO LOOK AT ANYTHING WE'RE ABOUT TO SEE AND SAY, OH, WE'RE FINISHED, WE'RE RUNNING FORWARD. WE REALLY WANT TO TAKE YOUR FEEDBACK AND INPUT AT THIS STAGE, SO PLEASE GIVE IT TO US. I'M GOING TO START OFF JUST WE'RE ALL, I THINK, VERY FAMILIAR WITH THE SITE PLAN.WE'RE GOING TO ZOOM INTO THE COMMERCIAL SIDE. YOU'LL SEE IMMEDIATELY THE MOST SIGNIFICANT DIFFERENCE THAT JUSTIN AND AARON BOTH ALLUDED TO IS THIS HOTEL USER. SO THIS HAS BEEN A REALLY EXCITING DEVELOPMENT. WHEN WE WENT TO MARKET AND STARTED SEEING WHO WOULD WANT TO ACTUALLY START OCCUPYING THIS SPACE, WE GOT A LOT OF REALLY GREAT FEEDBACK. AND AS JUSTIN INDICATED, A REALLY A GREAT USE, BOUTIQUE, HIGH END HOTEL THAT REALLY FIT THE SCALE AND SIZE THAT FOR THIS TYPE OF AREA WAS VERY INTERESTED IN THE SITE, SO WE COULDN'T BE MORE EXCITED ABOUT THAT. IT REALLY COMPLEMENTS MANY OF THE DISCUSSIONS WE'VE BEEN HAVING AROUND THE HAMLET, AND WHAT THAT NEXT CHAPTER OF THAT STORY IS GOING TO LOOK LIKE. WITH THAT COMES A COUPLE OF DIFFERENT KIND OF CHANGES AND DESIGN ELEMENTS. WE'LL KIND OF WALK THROUGH THE FIRST ONE THAT I WANT TO KIND OF POINT OUT IS, YOU KNOW, A HUGE FOCUS ON THIS PROJECT REALLY IS ABOUT THE PLACEMAKING, GREEN SPACES AND PEDESTRIAN MOVEMENT THROUGHOUT THE SITE. AND WE KEPT THOSE NORTHERN BUILDINGS, THOSE RETAIL SITES, VERY SIMILAR TO WHAT YOU GUYS HAVE SEEN BEFORE.
BUT REALLY KEEPING IN MIND THAT THE HOTEL USER ALLOWS US TO KIND OF CREATE A SIGNIFICANT ACTIVATION TOWARDS THE GREEN SPACES AND OTHER POCKETS AROUND THE PROJECT. SO YOU'RE GOING TO SEE A COUPLE DIFFERENT SPACES CALLED OUT IN THE NEXT FEW SLIDES, WHERE YOU START TO SEE WHAT THESE KIND OF PEDESTRIAN ACTIVATION SPACES COULD LOOK LIKE. THIS IS KIND OF A BREAKDOWN OF THE WAY THAT WE'RE LOOKING AT THE HOTEL USE, AND THE FOOD AND BEVERAGE USES VERSUS RETAIL. YOU'LL SEE THE RETAIL ON THE NORTH SIDE, BUT THEN AS YOU MOVE DOWN INTO THE LONGER BUILDING HERE AND IT LOOKS LIKE TWO BUILDINGS, BUT IT'S ACTUALLY ONE, THEY HAVE A PEDESTRIAN PASS THROUGH ON THAT FIRST FLOOR AT RIGHT AT THAT KIND OF ANGLED PORTION. BUT IT'S YOU HAVE A WE HAVE SOME KIND OF, YOU KNOW, SMALLER FOOD AND BEVERAGE USER ON THE NORTH SIDE.
AND THEN THE NEXT FOUR SPACES ARE HOTEL SPECIFIC EXERCISE LOBBY, LOUNGE, CONFERENCE CENTER WITH THE FOOD AND BEVERAGE ON THE SOUTH. THERE'S ACTUALLY TWO FOOD AND BEVERAGE USERS ON THE SOUTH, AND THEN ACROSS THE CIVIC GREEN SPACE, YOU CAN SEE THE FOOD AND BEVERAGE TWO USERS ON THE RIGHT, ALONG WITH THE LIVE WORK OR CO-WORKING KIND OF LOBBY THAT GETS YOU UPSTAIRS TO EXCUSE ME, IT'D BE REALLY HELPFUL IF YOU COULD USE YOUR POINTER AND POINT US TO THE DIFFERENT AREAS.
ALL RIGHT, THERE WE GO. YEAH, YEAH, BECAUSE I'M NOT I'M STILL NOT SURE WHERE THE HOTEL IS.
ABSOLUTELY, ABSOLUTELY IN THE MIDDLE OF IT. YEAH. SO THE HOTEL IS, IS THIS BUILDING RIGHT HERE? THAT'S WHAT I THOUGHT. BUT I WASN'T 100% SURE. THANKS. SORRY ABOUT THAT. YEAH. SO AS WE'RE KIND OF MOVING DOWN THE MAIN HOTEL, FIRST FLOOR SPACES ARE HERE, AND THEN THE GREEN ARE THE DIFFERENT RESTAURANT USES ACROSS THE SITE. THIS HOTEL DOES NOT PUT ANY ROOMS ON THE FIRST FLOOR. SO ALL OF THOSE ARE ON THE SECOND AND ABOVE, WHICH WAS REALLY CRITICAL FOR US ACTIVATING THAT FIRST FLOOR. THE WAY WE'VE BEEN THINKING ABOUT THIS HOTEL AS AS WE'VE SEEN THIS OPPORTUNITY IS, YOU KNOW, IT GETS COLD IN OHIO. AND WE REALIZED, YOU KNOW, A VERY IMPORTANT PIECE OF THIS WAS GOING TO HAVE ACTIVITY ON THAT FIRST FLOOR, MAKING SURE IT WAS A PLACE THAT WAS NOT ONLY OPEN TO THE PUBLIC, BUT REALLY AN AMENITY TO THE PUBLIC. SO THE HOTEL BRAND AND LOOKING AT SOME SIMILAR IDEAS REALLY BECOMES MORE OF A LIVING ROOM FOR THIS COMMUNITY WHERE ALL YEAR ROUND PEOPLE CAN COME, COME HERE, MEET UP, YOU KNOW, GET FOOD, HANG OUT AND REALLY KEEP THIS ENTIRE KIND OF AREA ACTIVATED FOR FOUR SEASONS. I MEAN IT REALLY. JUST BRINGS A REALLY UNIQUE DYNAMIC OF COMMUNITY AND GATHERING SPACE TO THIS PROJECT. THE NEXT THIS LITTLE PIECE HERE REALLY IS JUST SHOWING THAT PUBLIC ACTIVE SPACE, HOW IMPORTANT IT WAS TO US, NOT ONLY JUST THAT PEOPLE HAVE ACCESS, BUT THAT THEY HAVE QUICK ACCESS OFF THE STREET.
EACH OF THE PUBLIC USES HAVE INDIVIDUAL DOORS. SO IT'S NOT JUST IT'S A IT'S A STREET, A STREET SETTING THAT IS OPEN AND ACTIVE TO THE PUBLIC AND REALLY STARTS TO ARTICULATE THE ARCHITECTURAL DESIGN AS WELL, WHICH HAS BEEN REALLY EXCITING TO SEE AS WE'VE BEEN WORKING THROUGH SOME DIFFERENT ELEVATION STUDIES ON THIS PROJECT. THE COMPONENTS ITSELF, WE CALCULATED IT'S ABOUT 90 OR 84% OF THE INDIVIDUAL BUILDING FOOTPRINT IS OPEN AND COMMERCIAL USE ACROSS
[00:45:05]
THE SITE. IT'S ALMOST IT'S A LITTLE BIT ABOVE 90% OPEN INTERACTIVE TO THE PUBLIC. SO REALLY EXCITED ABOUT THAT. ON THAT. SORRY. YOU WANT TO GO BACK. YEAH. ON THE SPACES. IT HAS WORDS. CAN YOU JUST READ OFF WHAT EACH OF THEM. YEAH FOR SURE. THESE ARE BOTH JUST 100% RETAIL. WE HAVE FOOD AND BEVERAGE 1000FT■!S. THE EXERCISE 1800 SQUARE FEET. HOTEL LOBBIES 3000FT■!S. THE LOUNGE 3250FT■!SE HOTEL CONFERENCE 3200FT■!S. AND THEN THE VARIOUS SQUARE FOOTAGES 3500, 5000. THIS ONE'S ACTUALLY MEANT TO BE 6000 AND 2500. OKAY. THANK YOU. WE'RE GOING TO GO THROUGH A FEW OF THE IMAGES. NOW. THESE ARE PRELIMINARY, YOU KNOW, STILL HAVE A LOT OF WORK, BUT HOPEFULLY THEY CAPTURE SOME OF THE VIBRANCY OF WHAT WE'RE LOOKING AT REALLY THE ARTICULATION OF THE ARCHITECTURE, THE CONVERSATION ABOUT SCALE AND REALLY ACTIVATING IT AT A PEDESTRIAN SCALE. WE'RE WORKING. I'VE BEEN WORKING A LOT WITH CHRIS ON SOME OF THE DIFFERENT PUSHING AND PULLING AND HOW THIS CAN DEVELOP, AND WE'RE REALLY EXCITED TO KIND OF SEE WHERE THIS CAN GO. THIS IS LOOKING SOUTH AT THE FRONT CORNER. SO THIS THIS BUILDING HERE, THIS WOULD BE THAT KIND OF FIRST FOOD AND BEVERAGE USER. THE EXERCISE WOULD BE BEHIND THIS WOULD BE THE HOTEL LOBBY AND SO ON. AS YOU MOVE BACK TOWARDS THE CIVIC GREEN, IT'S THE MAIN ENTRANCE THERE. OR IS IT ON THE OTHER SIDE OF THE PARKING LOT. SO THIS IS BE LIKE A PEDESTRIAN MAIN ENTRANCE. THE LOBBY IS A PASS THROUGH LOBBY, SO CAR AND VEHICULAR ACCESS IS AROUND BACK JUST TO KEEP THAT FRONT STREET LESS ACTIVE AND THEN. GOTCHA.YEAH. SO THIS IS KIND OF THE WHAT WE'VE BEEN CALLING THE PEDESTRIAN CORRIDOR. THIS IS REALLY THAT, YOU KNOW, ACTIVE SPACE AS YOU'RE MOVING THROUGH THAT REALLY I'D SAY FEELS VERY LIKE HOMEY AT THAT HAMLET SCALE. THERE'S BEEN A LOT OF ACTIVITY ON THESE FIRST FLOOR PEOPLE MOVING IN AND OUT, REALLY CREATING THIS, THIS MOVEMENT TOWARDS ULTIMATELY THE JEWEL OF THE PROJECT, WHICH IS THAT CIVIC GREEN. AS WE MOVE FURTHER BACK, THERE'S A LITTLE BIT OF A FORMAL DROP OFF AREA. THIS IS IF YOU WERE BEING UBERED TO THE SITE, YOU'D PROBABLY BE DROPPED OFF HERE. AND THIS IS KIND OF YOUR YOUR GRAND ENTRANCE AS YOU'RE, AS YOU'RE REALLY EXPERIENCING THAT DESTINATION AND SENSE OF PLACE FOR THE FIRST TIME, THIS HAS JUST MOVED OVER A LITTLE BIT TO GIVE YOU A LITTLE BIT OF A SHOT BACK AT THE HOTEL, YOU'RE GOING TO SEE THAT VARIATION IN MATERIALS, THE ARTICULATION OF THE ROOF. THERE'S THE DIFFERENT DESIGN ELEMENTS. WE'RE REALLY TRYING TO FOCUS ON THAT PEDESTRIAN SCALE AND, YOU KNOW, THE HAMLET ESQUE PROJECT THAT WE'VE BEEN WORKING ON. SO THE HOTEL IS THREE FLOORS. IT IS IT'S FOUR, BUT THIS FOURTH ONE IS BUILT WITHIN KIND OF THE ROOF STRUCTURE. SO IT'S SLIGHTLY DIFFERENT THAN THE SECOND AND THIRD FLOOR BELOW, BUT IT'S ACTUALLY FOUR STORIES. BUT THE FIRST STORY IS NOT HOTEL ROOMS. YES, EXACTLY. SO THREE FLOORS OF THE HOTEL. EXACTLY. ACTUAL OF ACTUAL ROOMS. YEAH. HOW MANY ROOMS ARE YOU CONTEMPLATING RIGHT NOW? THERE'S ABOUT 130 IS WHAT WE'RE LOOKING AT UNDER THE CURRENT PLAN HERE. I KNOW IT'S VERY PRELIMINARY. WOULD YOU NEED A VARIANCE AT ALL FOR THE HEIGHT OR IS IT WITHIN THE. IT IS WITHIN THE 50 FOOT HEIGHT RESTRICTION. YEAH. ALL RIGHT. SO THIS IS THE PAST THREE. THIS IS BETWEEN THE ANGLED PORTION OF THE BUILDING AND THE STRAIGHT PORTION. THERE'S THIS PRETTY DYNAMIC KIND OF MOTION YOU CAN KIND OF WALK THROUGH HERE. AND SEEING THIS CURATED PRETTY PRETTY COOL FEATURE. KEITH MEYERS HAS BEEN WORKING DILIGENTLY CREATING SOMETHING BOTH UNIQUE BUT AND, YOU KNOW, JUST KIND OF ADDING TO THE SPECTACLE OF THE SITE. THIS GIVES YOU ANOTHER KIND OF PEDESTRIAN SCALE IMAGE SHOWING THAT THESE WOULD ALL BE RESTAURANT USES ALONG ALL THESE KIND OF BASIC BASE FLOOR PLANS, REALLY ACTIVATING AND CREATING A VARIETY OF EXPERIENCES AROUND THAT SITE. AND THEN THESE ARE JUST A COUPLE IMAGES TO KIND OF GIVE YOU SOME OVERVIEW OF THAT GREEN SPACE. WE HAVE THE CIVIC GREEN HERE, AND THIS WOULD BE THE CO-WORKING SPACE ABOVE THE RESTAURANTS ON THE FIRST FLOOR.
THIS IS A ROOFTOP BAR THAT'S ACTUALLY CONNECTED INTERNALLY WITH THE HOTEL. SO THAT'S SOMETHING THAT THEY ARE WOULD BE OPERATING THEMSELVES. BUT IT REALLY ENGAGES THE GREEN SPACE AND KIND OF A THREE DIMENSIONAL WAY, CREATING IT, CREATING A REALLY VIBRANT, JUST ENTIRE ATMOSPHERE AROUND THIS SPACE. AND THEN ONE CONCERN AND THING THAT WE'VE BEEN WORKING WITH AND I'VE BEEN WORKING WITH CHRIS ON, IS, IS THE IDEA OF 360 DEGREE ARCHITECTURE, BECAUSE EVERY PIECE OF THIS BUILDING IS MEANT TO BE EXPERIENCED. SO THIS BOTTOM LEFT IMAGE HERE IS ACTUALLY THE BACK OF THE BUILDING. AND TO YOUR POINT, THIS HERE WOULD BE THAT KIND OF
[00:50:01]
CAR. CAR ACCESS TO THE TO THE HOTEL. AND YOU CAN SEE THAT WE'RE REALLY TRYING TO PAY ATTENTION TO EVERY WAY THAT PEOPLE ARE GOING TO EXPERIENCE IT, NOT LEAVING ANY, ANY SIDE OF THE BUILDING OUT. AND THEN THIS IS JUST KIND OF LOOKING BACK TOWARDS BOTH THE KIND OF FEATURE IN THE MIDDLE AND THEN HAVING THE HOTEL ON THE LEFT AND THE, THE CO-WORKING SPACE ON THE RIGHT. SO WE'RE SUPER, SUPER EXCITED ABOUT THIS OPPORTUNITY. IT'S REALLY BROUGHT A VIBRANCY AND A ACTIVITY TO THE SPACE THAT THAT WE'VE BEEN REALLY EXCITED TO EXPLORE. AND ONE OF THE THINGS WE KIND OF DISCOVERED, THE HOTEL USE STARTED SHIFTING AROUND SOME OF OUR SOME OF OUR ORIGINAL MAKEUP OF THE SPACE, BUT ACTUALLY ALLOWED FOR ALMOST, ALMOST 5000 SQUARE FOOT MORE OF RESTAURANTS TO BE PUT INTO, INTO AND AROUND THAT CIVIC GREEN SPACE, WHICH WAS SOMETHING I MEAN, I KNOW WE'RE EXCITED ABOUT AND HOPEFULLY YOU GUYS ARE TOO. WELL, LIKE I SAID, WE'RE REALLY LOOKING FOR FEEDBACK, DISCUSSION, DIALOG. AND THANK YOU GUYS FOR YOUR TIME. SO I HAVE A GO AHEAD HANS AJ A COUPLE OF THOSE THE LARGER RESTAURANTS ARE THOSE DESIGNED FOR SINGLE LIKE THE FIVE AND 6000FT■!S ONE LARGE. YES. OKAY. AND ARE THOSE SPOKEN FOR AT THIS POINT? WE WERE HAVING THOSE DISCUSSIONS, BUT NOTHING. WE CAN'T GIVE NAMES OR HAVE ANYTHING OFFICIAL AT THIS POINT. AND THEN LAST QUESTION. IS THERE ANY UNDERGROUND PARKING AT THE HOTEL? NO, NOT RIGHT NOW ON SURFACE. SO THAT'S A GOOD SEGUE BECAUSE I WANTED TO KNOW ABOUT PARKING AND KIND OF IT WASN'T AN I THINK IT MIGHT HAVE BEEN LIKE YOUR FIRST SLIDE OVER TO THE LEFT, LIKE TO THE WEST. YEAH. I'LL GO BACK. RIGHT. I'LL GO BACK TO THE SITE PLAN. SO YEAH, WE ENGAGED THE SAME PARKING ANALYSIS STUDY ENGINEER FOR OUR MAKEUP AS THE ORIGINAL FINAL DEVELOPMENT PLAN HAD. SO WE ACTUALLY HAVE ABOUT 15 EXTRA SPACES AT THIS POINT. FROM WHAT THEY CALCULATED, OUR REQUIREMENT WOULD BE. AND SO HOW MANY SPACES ARE IN THOSE TWO LOTS ON THE WEST TO THE WEST? RIGHT NOW THERE'S. 356 IS WHAT I 356. THE NUMBER VARIED BETWEEN GIVE OR TAKE FIVE, BUT DEPENDING ON KIND OF WHERE WE LANDED ON THE SITE PLAN, I THINK IT'S 356, MAYBE 349. AND REMIND ME, IS THERE OTHER PARKING WITHIN THE LARGER SITE? THAT'S NOT MEANT FOR RESIDENTS? SO IF I WAS COMING TO THE BOTTOM RIGHT RESTAURANT THERE, I SEE THAT THERE LOOKS TO BE A SMALLER PARKING LOT THERE. BUT IS THERE ANY OTHER LIKE SURFACE PARKING LOTS AT THE SITE? NO, NOT DEDICATED TO THIS SITE THAT YOU'RE SEEING HERE. AND SO WILL THERE BE SPECIFIC PARKING FOR HOTEL GUESTS ONLY? RIGHT NOW WE HAVE IT AS FLEXIBLE. SO THAT CAN BE WE DON'T WE HAVEN'T DEDICATED SPECIFIC PARKING SPACES FOR THE HOTEL, BUT THAT IS SOMETHING WE'VE CONTEMPLATED. NOT AN EXPERT, BUT IT DOES NOT SEEM LIKE ENOUGH PARKING. I'D BE INTERESTED IN OTHER THOUGHTS OR OPINIONS ON THAT TOPIC, BUT THAT'S ONE OF MY BIG INITIAL REACTIONS. DOES THE RESIDENTIAL UNITS DO THEY BASICALLY PARK THEMSELVES, OR IS THERE A LOT OF PARKING SPOTS FOR ALL OF THEM? YES. SO THERE'S NO RESIDENTIAL ON THIS PORTION, BUT THE RESIDENTIAL TO THE WEST. ALL HAS PARKING, INTERNAL PARKING. YEAH. SO THE 356 WOULD HAVE TO SUPPORT THE HOTEL AND ALL THOSE RESTAURANTS AND THE RETAIL UP THERE. IS THAT IS THAT YOUR.YEAH. I JUST IT DOESN'T SEEM LIKE I HAVE A FEW COMMENTS. YEAH. SO THEY USE THE SAME FIRM THAT RAN THE ORIGINAL PARKING ANALYSIS AND IT SEEMS TO WORK. ONE THING THAT IS SUBTLE, BUT ACTUALLY HAD A PRETTY IMPACTFUL CHANGE IS THAT THE PARKING PREVIOUSLY WAS RUNNING EAST WEST. THESE AISLES WERE ACTUALLY RUNNING EAST WEST, AND AS FOLKS WERE LOOKING AT IT, THE CONVERSATION WAS, WOULDN'T IT BE BETTER IF THEY WERE RUNNING NORTH SOUTH? A IT GENERATES A LITTLE BIT MORE PARKING BECAUSE IT'S MUCH MORE EFFICIENT. BUT B WHAT IT ACTUALLY DOES BETTER IS IT SETS UP PUBLIC ALLEY NUMBER SIX, BECAUSE IN THE ORIGINAL PLAN, WE ACTUALLY HAD PARKING WHERE YOU WERE REVERSING YOUR CAR INTO THE ALLEY AND BACK OUT. SO BY TRANSITIONING THIS TO A NORTH SOUTH DIRECTION, WE GET A NICE CLEAN ALLEY THAT RUNS IN THE EAST WEST DIRECTION, ACTUALLY PICK UP ADDITIONAL PARKING SPACES DUE TO THE EFFICIENCY. AND THEN WITH THE
[00:55:06]
HOTEL USERS THE WAY IT MODELED OUT THE OFF THE ADDITIONAL PARKING BASICALLY MORE THAN SUPPORTED THE ADDITIONAL GROWTH. DO YOU KNOW HOW MUCH ADDITIONAL THERE IS FROM THE PREVIOUS PARKING? YES, I OFF THE TOP OF MY HEAD I, I DO NOT KNOW. I DO KNOW, YOU KNOW, IF THIS REQUIRES A REVISED FDP OF ANY SORT, THE UPDATED PARKING MODEL HAS TO BE, YOU KNOW, THERE ALWAYS HAS TO BE AN UPDATED PARKING MODEL THAT ILLUSTRATES THAT AND IT CAN BE REVIEWED AND APPROVED. DOES THE HOTEL HAVE A DIFFERENT RHYTHM OF USAGE COMPARED TO SOME OF THE OTHER USES? MINIMUM PARKING, LIKE EVERYBODY'S HOME AT NIGHT. SO LIKE 7:00 ALL THE HOTEL RESIDENT GUESTS OF THE WHO ARE STAYING THERE ARE LIKE HOME, BUT THEY'RE PROBABLY GONE DURING THE DAY WHEN RETAIL MIGHT BE. I DIDN'T KNOW IF THERE'S A YES I DIFFERENT PEAKS AND DIFFERENT TIMES. YEAH SO I'LL LET AJ. BUT I WILL SAY WHEN. SO WITH THE PARKING TEAM WELLS AND ASSOCIATES, THEY MODELED THE ENTIRE SITE USAGE. BUT THEN WHAT THEY DO IS THEY DO A SEASONAL BREAKDOWN BY MONTH AND THEN BY HOUR SO THAT THEY CAN BASICALLY SAY, OKAY, THIS SITE PEAK DEMAND. AND I CAN'T REMEMBER OFF THE TOP OF MY HEAD, IT MIGHT BE 2:00 PM ON A FRIDAY IN DECEMBER, WHERE THE PREVIOUS PLAN MIGHT HAVE BEEN A SATURDAY IN JULY, YOU KNOW, SOMETHING LIKE THAT. SO IT IS BROKEN DOWN TO THAT LEVEL OF DETAIL BECAUSE THEY GO IN AND THEY DO A SHARED FACTOR USE OF EVERY SINGLE USER. AND THEN WHAT THEY ALSO DO IS THEN MODEL BASICALLY THE TRANSPORTATION NETWORK TO GET TO THE VENUE. SO FOR EXAMPLE, THE HOTEL, I MEAN IT IS UBERS AND LYFTS AND ALL THAT STUFF IS BECOMING MORE PREVALENT. SO THE PARKING DEMAND IS KIND OF DIMINISHED A LITTLE BIT COMPARED TO, YOU KNOW, LIKE THE, YOU KNOW, SOME OF THE OTHER RATIOS. AND THEN THEY ALSO DO TAKE INTO ACCOUNT BASED ON DIFFERENT STANDARDS, THE OCCUPANCY RATIO. OKAY. ON A SATURDAY, OCCUPANCY MIGHT BE X, Y OR Z ON A MONDAY AND THEN DECEMBER MIGHT BE THIS. SO THAT'S ALL IN THE, YOU KNOW, 12 PAGES OF DATA TABLES THAT THEY, THEY DO PREPARE. I'M NO PARKING EXPERT AT ALL BUT I, I AND I KNOW THAT WE CAN PROBABLY LOOK AT THAT REPORT AND SOMEBODY COULD PICK IT APART BECAUSE THIS IS GREAT. DO YOU KNOW IF THEY'RE LOOKING WHEN THEY WHEN THEY THINK ABOUT LIKE UBER AND STUFF LIKE THAT. ARE THEY COMPARING IT TO LIKE SUBURBAN SPACES OR ARE THEY THINKING ABOUT LIKE DOWNTOWN HOTELS? BECAUSE I THINK IF SOMEONE'S COMING TO STAY AT THAT LUXURY NICE HOTEL, I, I MEAN, I DON'T KNOW IF WE USE UBER'S UP HERE IN NEW ALBANY LIKE THEY DO IN OTHER PLACES.THEY PROBABLY HAVE A RENTAL CAR, RIGHT? THEY PROBABLY DROVE THERE. AND WE WANT TO ACCOUNT FOR I'M THINKING LIKE A SCHOOL IMPACT, LIKE THE LOAD FACTOR MIGHT BE A LITTLE HIGHER FOR THIS HOTEL THAN FOR US. AND I WILL SAY THE THIS USER DOES HAVE EXPERIENCE WITH, I WOULD SAY URBAN SUBURBAN LOCATIONS. THAT'S KIND OF ONE OF THEIR PREFERRED DESTINATIONS. SO IT HAS BEEN FEEDBACK FROM THEM. WELLS AND ASSOCIATES DOES TYPICALLY DIFFERENTIATE THAT BASED ON COOL. THEY'RE BASED IN DC SO I FORGOT IT'S NOT TYSON'S. IT'S THE ONE. BUT YEAH THEY HAVE THEY HAVE EXPERIENCE WITH KIND OF KNOWING THE PRODUCT TYPE. AND THEY'VE ALSO WORKED ON ALL OF OUR PROJECTS. SO THEY KIND OF KNOW OKAY, EASTON, YOU KNOW THIS NUMBER OF PEOPLE UBER VERSUS RENTAL CAR OR. YEAH. AGREED. IS IT AN EXACT SCIENCE. IT'S NOT. RIGHT. AND TYPICALLY AND HE KNOWS THIS BECAUSE I SORT OF PLAY YOU KNOW THE OTHER WAY AS WELL. SO I MODEL IT MY OWN TO KIND OF CHECK IT BASED ON A DIFFERENT ANALYSIS METHODOLOGY. SO IT HAS BEEN A DEFINITELY A FOCUS AREA BUT DOES REQUIRE ADDITIONAL SCRUTINY IF THE IF THE PLAN CONTINUES. HEY JUSTIN, ANY LUCK WITH TACO BELL? NOT AT THE CURRENT MOMENT, BUT AS YOU CAN SEE, WE ARE WE CONTINUE TO SORT OF MAKE THAT A STRONGER MOVE TO KEEP ILLUSTRATING. HEY, YOU'RE YOU'RE GOING TO WANT THIS. I, I SUSPECT UNTIL THEY REALIZE THEY NEED IT, THERE MAY NOT BE A GREAT SOLUTION RIGHT
[01:00:03]
NOW. THEY STILL FEEL THAT WE NEED IT MORE THAN THEY NEED IT. THANK YOU. OTHER QUESTIONS OR COMMENTS IN THE PEDESTRIAN WALK THROUGH BETWEEN THE TWO BUILDINGS. WHAT ARE YOU ANTICIPATING THE WIDTH OF THAT TO BE? AND I DON'T KNOW, OFF THE TOP OF MY HEAD. AND THE REASON I ASK IS IT FEELS A LITTLE BIT TIGHT AND WITH THE COLUMNS ON THE SIDE, IT DOESN'T NECESSARILY FEEL LIKE AN ENTRANCE. SO THAT'S JUST SOME FEEDBACK THAT THE I LIKE THE IDEA THAT IT'S THERE, BUT HOW DO YOU MAKE IT FEEL MORE LIKE A PASS THROUGH VERSUS JUST WALKING AROUND THE BUILDING OR SOMETHING? THAT'S JUST SOMETHING TO THINK ABOUT. YEAH, I LIKE THAT. AND WIDE ENOUGH THAT IT FEELS LIKE YOU CAN GET TRAFFIC GROUPS GOING BOTH WAYS AND NOT BUMPING INTO EACH OTHER. RIGHT.THAT'S JUST YEAH. FEEDBACK. I'M TRYING TO GET YOUR MOPED THROUGH THERE FIRST. WHAT'S THAT. TRYING TO GET YOUR MOPED THROUGH THERE. YES, EXACTLY. WITHOUT HITTING ANYBODY OR SOMEBODY. FOUR WHEEL CART. BECAUSE THE DIFFERENTLY ABLED. ANY OTHERS? GENERALLY I LIKE IT. YEAH. YEAH I'M REALLY INTERESTED. ESPECIALLY THE THAT MEANS FOR. THE RESTAURANTS TO SUPPORT IT. COULD YOU GUYS THINK THE USER OF THE HOTEL WOULD BE. IS IT GOING TO BE THE BUSINESS PARK OTHER PEOPLE? ANY IDEAS? I CAN'T SAY WHO IT IS. WE'RE PARTNERING WITH ANOTHER DEVELOPER WHO'S BRINGING IT.
WHO? YOUR CLIENT WHO? WHO IS THEIR CLIENTS? WHO? WHO STAYS AT THAT HOTEL? STAYS? YES. PEOPLE WHO ARE GOING TO GO TO SOME PLACE. YEAH. IT'S A IT'S AN AVERAGE DAY AROUND 250 A NIGHT.
SO IT'S A PRETTY, PRETTY LUXURY STAY AS FAR AS TOURIST BUSINESS USERS. INTEL NOT TO CHIME IN. SO I THINK DURING THE WEEK IT'LL PREDOMINANTLY BE BUSINESS USERS. I THINK THAT'LL BE A PRIMARY THING. THERE ARE PRECEDENTS OF THIS SPECIFIC BRAND THAT WE ARE AWARE OF, AND WE KNOW AS WELL.
ON WEEKENDS. BEING PROXIMITY TO BILHEIMER AND HAVING MY DAUGHTER PLAY LACROSSE AND EVERYTHING ELSE. I ALSO FORESEE THIS BEING, YOU KNOW, A FAMILY HOTEL ON THE WEEKENDS. OKAY, OKAY.
THANK YOU SO MUCH. YEAH. THANK YOU. APPRECIATE YOUR TIME. SO TAKES US TO CODIFIED AMENDMENT.
JUST A QUICK DOES THIS COME BACK. DOES DOES THIS COME TO US FOR ANY APPROVALS. OR IS THIS WAS JUST INFORMATION. WE'LL MAKE A FORMAL APPLICATION. GOTCHA. AND IT'LL BE BACK. YES. GREAT.
THANK YOU. GREAT. SO BOTH SIDES. ALL RIGHT. ARE YOU READY? PERFECT. WE ARE READY. ALL RIGHT. RECENTLY THERE HAVE BEEN SEVERAL WALL SIGN VARIANCES REQUESTED IN THE BUSINESS PARK FOR SIGN SIZE AND QUANTITY OF WALL SIGNAGE. THESE VARIANCE REQUESTS ARE REFERENCED IN THE MEMO, AND THE BZA DIRECTED STAFF TO RESEARCH AND PROPOSE UPDATES FOR COMMERCIAL WALL SIGNS AND CITY STAFF WORKSHOP THOSE PROPOSED CODE CHANGES WITH THE BZA IN AUGUST AND OCTOBER.
HERE'S WHAT THE CODE CURRENTLY PERMITS, WHICH WAS ADOPTED IN 2010. THIS INCLUDES ONE SIGN PER BUILDING, FRONTAGE AND SIZE TO BE UP TO 75FT■!S. THIS IS A ONE SIZE FITS ALL APPROACH, MEANING THAT THE 75 SQUARE FOOT SIZE LIMITATION IS FOR ALL TYPES OF COMMERCIAL USES AND DIFFERENT TYPES OF OR DIFFERENT SIZES OF BUILDINGS, INCLUDING OFFICE, WAREHOUSE, DATA CENTERS, ETC.
AND THE CODE DOESN'T CONSIDER THE LARGE, SEVERAL HUNDRED THOUSAND SQUARE FOOT BUILDINGS DEVELOPED NOW. FURTHERMORE, THESE BUILDINGS CAN HAVE MULTIPLE TENANTS, AND LIMITING SIGNAGE TO ONE PER BUILDING FRONTAGE CAN CREATE CHALLENGES FOR EFFECTIVE WAYFINDING. HERE'S JUST AN EXAMPLE OF A RECENTLY APPROVED VARIANCE, WITH A SIGN JUST OVER 200FT■!S. TO GIVE YOUN IDEA OF HOW SIGNS OF THIS SIZE WOULD LOOK ON A LARGER BUILDING. SO, BASED ON RECENTLY APPROVED VARIANCE REQUESTS, STAFF AND THE BZA CONCLUDED THAT ALLOWING WALL SIGNS UP TO 200FT■!S AND ALLOWIG ONE PER BUSINESS ENTRANCE ENTRANCE SHOULD HELP REDUCE THE AMOUNT OF VARIANCE. REQUEST.
THIS CODE AMENDMENT IS MORE APPROPRIATE, MORE APPROPRIATELY CONSIDERS THE SIZE OF BUILDINGS WHEN DETERMINING THE ALLOWABLE SIZE AND QUANTITY OF WALL SIGNS. CITY STAFF ACKNOWLEDGES THAT THERE WILL STILL BE SIGN VARIANCE REQUESTS, BUT STAFF AND THE BZA FEEL IT IS APPROPRIATE TO CONSIDER THOSE ON A CASE BY CASE BASIS. STAFF REQUEST THAT THE PLANNING COMMISSION MAKE A RECOMMENDATION TO CITY COUNCIL FOR THIS CODE AMENDMENT, AND I'M HERE IF YOU HAVE ANY QUESTIONS IN YOUR MIDDLE BOX THERE, IT SAYS ONE PSF IS SQUARE FEET. SQUARE FEET. YEP. SQUARE. SO ONE
[01:05:04]
SQUARE FOOT PER LINEAR SQUARE FEET. LINEAR AND SQUARE FEET DON'T GO TOGETHER AS A UNIT.YEAH I THINK THAT'S AN EXISTING I THINK THAT'S AN EXISTING TYPO. YEAH. THAT SHOULD SAY ONE SQUARE FOOT PER LINEAR FOOT OF BUILDING FRONTAGE. YEAH OKAY. WE'LL INCLUDE THAT IN THE CODE AMENDMENT. THANK YOU. ALL RIGHT. PER LINEAR FOOT OF BUILDING FRONTAGE. NOW THAT MAKES A WHOLE LOT MORE SENSE. AND THAT'S A THAT'S ESSENTIALLY PICKING UP THE 1%. RIGHT. SO IT IT IT CAN DIFFER A LOT. WE'VE JUST SORT OF USED THAT 1% RULE JUST TO SORT OF HELP GAUGE LIKE HOW MUCH, YOU KNOW, THE SIZE OF THE SIGN IN RELATION TO THE SIZE OF THE BUILDING FACADE ITSELF. BECAUSE THIS DOESN'T TAKE INTO CONSIDERATION THE HEIGHT OF BUILDINGS. SO THIS PURELY LOOKS AT IT FROM A SQUARE FOOTAGE BASED ON THE LINEAR FRONTAGE, BASED ON THE LENGTH OF THE BUILDING. WE HAD WORKSHOP THAT 1% WITH THE BCA. WHAT WE HAD ALL ENDED ON IS THAT WE FEEL IT'S BETTER TO KEEP THIS ONE SQUARE FOOT PER LINEAR FOOT AND NOT WORKING THAT THAT 1%. OKAY, OKA, OKAY. DOES COMMERCIAL INCLUDE THINGS LIKE FAST FOOD DRIVE THRUS AND STUFF LIKE THAT? NO, THAT WOULD BE UNDER ANOTHER CATEGORY. YEAH OKAY. BUT IT DOES INCLUDE PRETTY MUCH EVERYTHING ELSE. AND THAT'S WHY WE'VE BEEN SEEING MORE VARIANCES. SO THIS IS EVERYTHING FROM WATER'S EDGE.
YOU KNOW OUR BUSINESS PARK INCUBATOR. YOU KNOW THE INDUSTRIAL PARK. SO EVERYTHING FROM YOUR 20 ZERO ZERO ZERO SQUARE FOOT OFFICE BUILDINGS TO YOUR ALMOST MILLION SQUARE FOOT METADATA CENTERS. AND SO IT IT WHEN WE ADOPTED THIS SIGN CODE BACK IN 2008, IT'S CRAZY TO THINK THAT THE BUSINESS PARK JUST DIDN'T HAVE THESE, YOU KNOW, SEVERAL HUNDRED THOUSAND SQUARE FOOT USERS BACK THEN. SO WE JUST HAD NEVER REALLY CONTEMPLATED THAT THAT SIZE AND SCALE OF BUILDINGS. YEAH. WHEN THE WHEN I WENT ON THE CRA MEETING AND WE TRAVELED THROUGH THE CURRENT DEVELOPMENTS THAT ARE UNDER THEY'RE UNDER FINANCING AGREEMENTS OR TAX INCREMENT AGREEMENTS, WHATEVER THEY ARE. SOME OF THE BUILDINGS ARE QUITE BIG. IS THERE A POSSIBILITY THAT WHEN IT'S ONE SIGN PER BUILDING ENTRANCE, THAT THERE COULD BE MORE ENTRANCES THAN WE WANT? IF THERE'S A ONE PER ONE SIGN PER ENTRANCE SITUATION? NOT BEING VERY ARTICULATE HERE, BUT THE IDEA BEING IF THERE'S IF THERE'S TEN ENTRANCES, THERE'D BE TEN SIGNS.
AND THEN THEN WE HAVE A VISUAL PROBLEM. SO JUST I'M JUST THROWING THAT OUT. I DON'T NOT NECESSARILY AGAINST THIS, BUT WE'RE FOR IT. BUT JUST IT JUST LOOKING FOR FORESEEABLE OUTCOMES. IS THAT A POTENTIAL PROBLEM I MEAN WE DON'T THINK SO. I GUESS TIME WILL TELL TO BE FRANK WITH YOU. BUT WHAT WE SEE MORE OF IS THESE MULTI-TENANT WAREHOUSE BUILDINGS. SO THEY CONSTRUCT A 500,000 SQUARE FOOT FACILITY, AND THEN THEY DIVVY IT UP FOR DIFFERENT USERS. AND IN FACT, A LOT OF THE NEW BUILDINGS ARE BEING DESIGNED WITH MULTIPLE, LIKE, MAIN ENTRY DOORS SO THAT IT CAN BE SPLIT UP BETWEEN MULTIPLE USERS. AND UNFORTUNATELY, THERE'S JUST ONE SIGN ALLOWED FOR THE WHOLE FRONTAGE. RIGHT? SO IT'S SORT OF LIKE RETAILERS, YOU KNOW, LIKE ON A ON A STRIP CENTER. RIGHT NOW THEY'RE MULTIPLE USERS ALONG ONE FACADE. WE'RE STARTING TO SEE THAT SAME THING NOW FOR LIKE WAREHOUSE AND DISTRIBUTION TYPE USERS. SO WHAT WE'VE SEEN IS THAT THAT THAT HASN'T BEEN ABUSED YET, SO TO SPEAK. AND EVEN THE NUMBER OF LIKE SIDE DOORS FOR THESE BUILDINGS ARE NOT MANY. IT COULD BE LIKE 1 OR 2 EMERGENCY SIDE DOORS OF, YOU KNOW, EGRESS. SO JUST RECENTLY WE, THE BCA HAD A VARIANCE FOR A DATA CENTER THAT PUT MULTIPLE SIGNS. BUT AGAIN, BASED ON THE SCALE OF THESE BUILDINGS, WE DIDN'T SEE IT AS AN ISSUE.
WHAT'S THE SMALLEST SIZE BUILDING YOU THINK THIS WOULD APPLY TO? PROBABLY THE SMALL BUILDINGS IN THE ZAHLÉ INDUSTRIAL PARK, WHICH COULD JUST BE I THINK SOME OF THOSE ARE PROBABLY 5 TO 10 ZERO ZERO ZERO SQUARE FEET. YEAH, PROBABLY SOMETHING LIKE SOMETHING LIKE THAT. THERE'S A FEW, LIKE THE DOCTOR'S OFFICE NEXT DOOR. YEAH. THAT DIRECTION, THOSE MOBS. SO THOSE WILL PROBABLY BE SOME OF THE SMALLER OFFICE BUILDINGS WE HAVE IN NEW ALBANY. THE ONLY OTHER QUESTION I HAD IS I NOTED THAT THERE WERE NINE EXAMPLES. ON THE FIRST PAGE OF THE HANDOUT WE HAD. I UNLESS I'M UNLESS I'VE GOT IT WRONG UNDER THIS NEW STANDARD, WE'D STILL HAVE THREE VARIANCES WE WOULD HAVE TO CONSIDER. THAT IS CORRECT. SO IS JUST JUST THROWING OUT IS THIS
[01:10:02]
IS THIS WHERE WE WANT TO BE AT 200. AND WE'D HAVE TO GO UP TO 300 TO GET TO ELIMINATE, YOU KNOW, AT LEAST I GUESS ALL THE VARIANCES. SO I'M JUST JUST JUST THROWING OUT I MEAN I'M NOT SECOND GUESSING YOU GUYS. I'M JUST THROWING I NOTICED THAT WE'LL STILL HAVE THREE VARIANCES. IS THAT THE RIGHT NUMBER. SHOULD IT BE A LITTLE BIT BIGGER. YOU KNOW, WHAT WAS THE THOUGHT PROCESS INTO GOING WITH 200. YEAH I THINK THE BCA WAS COMFORTABLE WITH 200. AND AS STAFF OF COURSE WE KNOW THIS IS NOT GOING TO ELIMINATE EVERY VARIANCE. AND THERE ARE SOME THAT ARE OVER 200. BUT IT SEEMS LIKE MOST PEOPLE ARE, YOU KNOW, BELOW 200 OR RIGHT AT 200. SO WE FELT LIKE THAT WAS A COMFORTABLE NUMBER. I GUESS WE'LL SEE. YOU KNOW, IF IT GETS APPROVED, HOW MANY VARIANCES. BUT WE KIND OF JUST LANDED ON 200 AS KIND OF MIDDLE GROUND. OKAY. THE OTHER THING WE DISCUSSED, I THINK SOME OF THEM ARE JUST BARELY OVER 200FT■!S. SO WITH THIS CODE UPDATE, WE'RE THINKING IT COULD FURTHER ENTICE PEOPLE JUST TO LOWER IT. YOU KNOW, THAT 10 OR 15FT■!S SO THEY DON'T HAVE TO GT A VARIANCE. OKAY. SO LIKE THE DOCTOR'S OFFICE, IF WE WERE TO DRIVE DOWN THIS HERE WITH THIS CHANGE AND IT'S 100FT OF FRONTAGE, YOU COULD HAVE 100 SQUARE FOOT SIGN ON FACING. THE ROAD RIGHT HERE. THAT'S RIGHT. TEN BY TEN SIGN ON THE SIDE OF THAT BUILDING. SO YEAH, I GUESS I MISSPOKE A LITTLE BIT. THIS ACTUALLY DOESN'T APPLY FOR ANYTHING IN THE VILLAGE CENTER. IT HAS ITS OWN SEPARATE GUIDELINES. BUT YEAH, YOU'RE RIGHT. IN THAT INSTANCE YOU WOULD HAVE MORE SIGNAGE PERMITTED BY RIGHT NOW. WE DO HAVE OTHER CODE REQUIREMENTS THAT ARE SORT OF MORE DESIGN. SAYING SIGN CANNOT COMPETE WITH EACH OTHER. SIGN SHALL BE APPROPRIATELY SCALED FOR THE BUILDING. SO WE FEEL THAT THERE ARE SOME OTHER SORT OF SAFEGUARDS IN PLACE. YOU KNOW THAT IF WE SEE SOMETHING THAT CLEARLY DOESN'T, YOU KNOW, SORT OF MATCH THE BUILDING, THAT THERE STILL COULD BE OTHER VARIANCES THAT MAY BE NEEDED. I MEAN, WE WANT TO PUT A TWO STEP IN THERE FOR THE PERMITTED AREA, LIKE UNDER 10,000, YOU'RE LIMITED TO 100 OVER 10,200. WE STARTED WITH THAT. AND THE BCA DIDN'T LIKE THAT. SO WE TOOK THAT OUT. BUT THAT WAS OUR FIRST REACTION WAS WE DID SAY, I THINK IT WAS IF YOUR BUILDING WAS OVER 150,000FT■!S, YOU COULD GO UP TO 200. BUT WE WORKSHOP THAT AND DECIDED TO JUST CHOOSE ONE NUMBER. AND I THINK THE REASON WHY THEY SORT OF NOT LANDED ON THAT, BECAUSE IT WAS VERY HARD TO TELL TEAMS THAT WE HAD NO GOOD DATA OR NO BASIS FOR WHERE YOU PUT THAT TIER. SO WOULD IT JUST KIND OF BEEN A COMPLETE SHOT IN THE DARK BECAUSE THE VARIANCES, THE BUILDINGS JUST VARIED BY SIZE. AND AGAIN, THERE'S THAT'S WHY WE DID THAT 1%. SO YOU CAN TAKE INTO ACCOUNT THE BUILDING HEIGHTS. SO WE CERTAINLY CONTEMPLATED THAT. AND YOU KNOW WE PUT SOMETHING TOGETHER. BUT WE JUST COULDN'T PUT SOMETHING ON PAPER THAT WE FELT WAS SORT OF MEANINGFUL IN THAT SENSE. YEAH. I JUST GET WORRIED ABOUT THE 5000 SQUARE FOOT BUILDING THAT'S LONG AND WHAT THAT WOULD LOOK LIKE. THAT'S WHERE I GET A LITTLE BIT HUNG UP ON THIS, WHICH IS WHY I WENT TO THE CHAIR AND KIND OF COMMENT. BUT TO YOUR POINT, THERE ARE SOME OTHER CATCHALLS THAT WOULD PROHIBIT SOME CRAZY TEN BY TEN SIGN THAT IT LOOKS AWFUL, RIGHT? THAT'S RIGHT. YEAH. YOU CAN'T COVER UP ARCHITECTURAL FEATURES. YOU KNOW, ARCHITECTURE HERE. YEAH. APPROPRIATELY SCALE FOR THE BUILDING. AND THESE ARE LIKE SHALL. SO THESE ARE TRULY CODE REQUIREMENTS COMPETITION BETWEEN SIGNS. SO YEAH THERE'S VARIOUS OTHER CODE SECTIONS WE COULD POINT TO IF, YOU KNOW, IF THE SIGN WASN'T OKAY I GUESS YOU HAVE A MAXIMUM LETTER. LETTER. SHOULD WE SAY MAXIMUM SIGN HEIGHT VERSUS LETTER HEIGHT. WE HAD DISCUSSED THAT AS WELL. WE'VE KEPT IT FOR LETTERING HEIGHTS BECAUSE THAT'S WHAT IS BEING USED IN OTHER CODE SECTIONS AS WELL. SO THAT'S SORT OF A COMMON DENOMINATOR SO TO SPEAK, BETWEEN DIFFERENT SIGN TYPES IS REGULATING JUST THE LETTERING HEIGHT OF THE SIGNS THEMSELVES. BUT YEAH THAT'S A BIG LOGO RIGHT. SOMEBODY THEN COULD COME IN AND SAY I WANT MY LOGO TO BE TEN BY TEN. WHEREVER IT WAS LETTERS, THEY COULD ONLY HAVE THREE FEET. THAT'S TRUE.AND SO WE'VE WE'VE ALLOWED THAT IN ORDER TO ALLOW FOR FLEXIBILITY IN THAT CONTENT AND THAT BRANDING. SO THE SORT OF WHAT WE'VE SEEN IS THAT IF A SIGN IS MORE LIKE VERTICALLY ORIENTED, IT DOESN'T NECESSARILY MEAN IT'S A LARGER SIGN. IT JUST ALLOWS FOR THAT, YOU KNOW, TO SORT OF BRAND THAT ON THE BUILDING MORE INSTEAD OF GOING HORIZONTAL. THAT'S A GOOD COMMENT. DO WE NEED TO HAVE A MOTION ON THE STAFF REPORT ON THIS INTO THE RECORD OR JUST THE MOTION TO RECOMMEND THIS TO COUNCIL? I THINK JUST A MOTION TO RECOMMEND TO COUNCIL. OTHER QUESTIONS. YOU DON'T HAVE ANY PUBLIC TO SPEAK ON IT OR YOUR MOTION ON THE COMMERCIAL WALL
[01:15:06]
SIGNS. I HAVE ONE MORE COMMENT. OH GO AHEAD. IT SAYS NEON IS ILLUMINATION. DO WE WANT NEON? DO WE HAVE NEON IN THE CITY? YEAH. SO THERE'S VARIOUS AREAS THAT ALLOW FOR NEON LIGHTING. WE HAVEN'T SEEN ANY OF THAT YET. SO WE ACTUALLY THINK IT COULD BE REALLY COOL. WHEN WE DID THE CODE UPDATE IN 2008, THE SIGN CODE WAS A COMPLETE OVERHAUL AND IT ALLOWED FOR MORE SIGNAGE, LARGE SIGNAGE, AND ALLOWED FOR DIFFERENT ILLUMINATION TYPES AS WELL. SO WE HAVEN'T SEEN ANYBODY TAKE US UP ON THIS OPPORTUNITY TO USE NEON LIGHTING IN THE IN THE BUSINESS PARK OR IN THE VILLAGE CENTER THAT I'M AWARE. BUT IT IS SOMETHING THAT, YEAH, THAT IS ALLOWED HERE AND I THINK SEVERAL OTHER DISTRICTS AS WELL. THE COMMERCIAL DISTRICTS, IF DONE WELL, IT COULD BE COOL. IF IT'S DONE QUARTERLY, IT CAN BE DONE, CAN NOT BE GOOD. YEAH, WE AGREE WITH THAT. YEAH. DO WE MAKE IT A CONDITIONAL USE THAT IT HAS TO BE REVIEWED. I THOUGHT YEAH I THINK THERE'S SOME ADDITIONAL, I DON'T KNOW, OFF THE TOP OF MY HEAD LIKE REGULATIONS ABOUT THE BRIGHTNESS FOR ALL OF THOSE TYPES OF LIGHTING. SO I IMAGINE THE NEON LIGHTING TYPE PROBABLY HAS SOME MAXIMUM LUMENS THAT ARE BUILT INTO THE SIGN CODE TODAY. WE COULD LOOK THAT UP FOR YOU THOUGH. THROUGH YOUR MOTION. I MOVE. WE RECOMMEND THE COUNCIL. THE CHANGES TO THE SIGN ORDINANCE, NOTING THAT THE ONE SQUARE FOOT PER LINEAR FOOT OF BUILDING FRONTAGE, NOT LINEAR SQUARE FOOT. I'LL SECOND ANY DISCUSSION ON THE SIGNS. OKAY. THE ROLL PLEASE. MR. KIRBY. YES, MR. WALLACE? YES, MR. LARSEN? YES, MR. SHELL. YES, MISS BRIGGS YES. THE MOTION TO RECOMMEND TO COUNCIL PASSES WITH ALL VOTES IN FAVOR. AND LET US HEAR ABOUT CONDITIONAL USES. ALL RIGHT, ALL RIGHT. SO THERE IS A DISCREPANCY IN THE EXPIRATION DATES AND THE ACTION THAT MUST BE MET TO ESTABLISH THE APPROVALS FOR FINAL DEVELOPMENT PLANS AND CONDITIONAL USE APPLICATIONS BASED ON THE CITY ZONING CODE REGULATIONS. THE MAJORITY OF CONDITIONAL USE USES HAVE BEEN ACCOMPANIED BY A FINAL DEVELOPMENT PLAN THAT IS BEING HEARD AT THE SAME TIME, MEANING THAT THE CONDITIONAL USE MAY BECOME NULL AND VOID BEFORE THE FINAL DEVELOPMENT PLAN IS FINALIZED. SO THIS IS HOW THE CODE CURRENTLY READS. SO IT'S CONDITIONAL USE IS WOULD BE NULL AND VOID AFTER ONE YEAR IF SUCH USE HAD NOT BEEN CARRIED OUT, AND FOR FINAL DEVELOPMENT PLAN WOULD BE NULL AND VOID WITHIN TWO YEARS IF CONSTRUCTION HAD NOT BEGUN. SO THE CITY STAFF HAS RECOMMENDED THAT WE UPDATE THE EXPIRATION PERIOD OF THE CONDITIONAL USE TO TWO YEARS FOR RENOVATIONS OR NEW CONSTRUCTION PROJECTS, SO THAT IT DOES MATCH THE FINAL DEVELOPMENT PLAN TIME FRAME, AS WELL AS TO UPDATE THE ACTION STEP FROM IF SUCH USE HAS NOT BEEN CARRIED OUT TO OCCUPANT OCCUPANCY PERMITS HAVE BEEN ISSUED OR CONSTRUCTION HAS NOT BEGUN. TO CLARIFY WHAT MUST BE COMPLETED IN ORDER FOR THE CONDITIONAL USE TO NOT EXPIRE, AND TO PROVIDE MORE FLEXIBILITY FOR THE PLANNING COMMISSION TO REVIEW AND APPROVE CONDITIONAL USE EXTENSIONS. SO THE PROPOSED CODE WOULD READ ONE YEAR TO HAVE THE OCCUPANCY TO GET AN OCCUPANCY PERMIT FOR CONDITIONAL USE IS NOT REQUIRING CONSTRUCTION OR RENOVATIONS, AND THEN IT WOULD BE IF CONSTRUCTION HAS NOT BEGUN WITHIN TWO YEARS. SO THAT WOULD BE THE ONE THAT WOULD MATCH WITH THE FINAL DEVELOPMENT PLAN. AS IS SAID NOW AND THEN. THAT WOULD BE HOW IT WOULD READ IN THE CODE FORMAT ITSELF. AND STAFF JUST MAKES THE REQUEST THAT PLANNING COMMISSION REQUESTS PLANNING COMMISSION TO MAKE A RECOMMENDATION TO CITY COUNCIL TO VOTE ON SUCH CODE AMENDMENT. HAVE WE HAD A CASE WHERE WE'VE HAD CONDITIONAL USES EXPIRING? SO IF WE DON'T, WE THINK WE MIGHT HAVE 1 OR 2 SOON WITHIN THE TRUST CORE AREA, LIKE WITH THE HOTELS AND DRIVE THRUS. SO THIS IS SOMETHING THAT'S COME TO OUR ATTENTION BECAUSE OF THAT. SO AND WE HAVEN'T UPDATED THIS CODE SECTION IN A LONG TIME. LIKE WE LIKE EVEN THE PROCESS THE SO WE TOOK OUT THINGS LIKE DID SOME CLEAN UP LIKE TOOK OUT ZONING PERMITS, ADDED CONDITIONAL USES. WE ALSO UPDATED THE EXTENSION. WE THINK LIKE THE BLACK AND WHITE LITERAL INTERPRETATION AT THE VERY LAST LINE SAYS THAT PLANNING COMMISSION ONLY HAS THE ABILITY TO EXTEND FOR SIX MONTHS AND NO MORE AFTER THAT. SO WE'VE ALSO[01:20:01]
UPDATED THAT. SO IT USES THE SAME LANGUAGE AS A FINAL DEVELOPMENT PLAN. SO IF SOMEBODY, YOU KNOW, WERE TO GET AN APPROVAL FOR A CONDITIONAL USE AND A FINAL DEVELOPMENT PLAN, AS KYLIE MENTIONED, WHICH YOU GUYS SEE ALL THE TIME, RIGHT, FOR THESE TYPE OF RETAIL AND DRIVE THRUS, THAT THEY'RE APPROVALS OR THOSE ENTITLEMENTS WOULD HAVE THE SAME LIFESPAN.AND THEN IF THEY NEEDED TO DO AN EXTENSION OF A CONDITIONAL USE AND A FINAL DEVELOPMENT PLAN, THEN THE IDEA IS ALSO THAT THE PLANNING COMMISSION WOULD HEAR THOSE THINGS AT THE SAME TIME AS WELL, JUST LIKE THE FIRST GO AROUND. CONDITIONAL USE IS REALLY CLOSE TO ZONING AND IN FACT IT SINCE IT DOES DEAL IN USE. THAT'S CORRECT. ZONING RUNS WITH THE LAND. SO IF SOMEONE WANTED TO DEVELOP A PIECE OF PROPERTY OR FLIP A PIECE OF PROPERTY BY PUTTING SOMETHING ON IT AS A CONDITIONAL USE THAT THEY'RE ALLOWED TO ASK FOR, NOW THEY HAVE A CLOCK TICKING ON WHAT IS OTHERWISE A USAGE ISSUE. WE HAVE PUT CONDITIONS ON THERE WHERE THE CITY WILL DISAPPEAR WHEN THE ACT WHEN THE BUSINESS CHANGES HANDS, WE'VE PUT IT ON THERE WHEN THE USE IS NO LONGER BEING USED THAT WAY. DO WE WANT TO TAKE A GLANCE AT LEAST AT DO WE EVEN NEED FOR THEM TO EXPIRE IF THEY'RE NOT USED? WHAT I MAKING I WANT TO MAKE SURE. ARE WE SERVING A GOOD PURPOSE THAT WAY? YEAH, THAT'S A GREAT QUESTION. SO WE DID BACKGROUND RESEARCH FOR THE MUNICIPALITIES AS WELL BECAUSE WE WERE ALSO WONDERING THE SAME THING. AND I THINK JUST AS A BEST PRACTICE, AND I'M NOT SURE FROM A LEGAL STANDPOINT, I'LL LOOK AT DAVID OVER THERE IF THERE'S SOME REASON FOR THAT. BUT WE COULDN'T I DON'T REMEMBER US FINDING ANY INSTANCES WHERE CONDITIONAL USES JUST STAY GOOD FOREVER. IF IT'S A IF IT'S A PERMITTED USE, THEN YOU'RE CORRECT. THAT'S A VESTED RIGHTS AND THAT STAYS TRUE FOREVER. BUT I THINK COMMUNITIES HAVE FOUND THAT PUTTING THOSE CONDITIONAL USES LIKE HAVE THOSE HAVE A TIMER BEING BENEFICIAL JUST TO MAKE SURE THAT YOU KNOW, NOTHING ELSE CHANGES OVER TIME. AND I THINK THAT WAY TOO, THAT IF YOU HAVE THAT FOREVER, THEN YOU KNOW, IT, IT IT I GUESS IT ENCOURAGES THAT USER TO DEVELOP SO OTHER PEOPLE KNOW WHAT'S COMING, IF THAT MAKES SENSE. OKAY. OTHER QUESTIONS. YEAH. I NOTED THAT THE VERSION WE RECEIVED TONIGHT, THE LANGUAGE OF THE OF THE CODE HAS BEEN CHANGED A LITTLE BIT. BUT I THINK I THINK THE WAY IT'S REDRAFTED, I THINK I THINK INSTEAD OF THE SECOND CLAUSE BEING WITHIN TWO YEARS, I THINK IT SHOULD STILL BE AFTER, BECAUSE WE'RE TALKING ABOUT WHEN IT BECOMES NULL AND VOID. AND SO IT HAS TO BECOME BECOME NON, NON NULL AND VOID AT A PARTICULAR TIME. AND I DON'T THINK WITHIN IS THE RIGHT WORD. SO I THINK AFTER SHOULD BE USED IN BOTH SPOTS. YEAH. AND THEN THE SECOND QUESTION I HAD IS I'M NOT 100% SURE WHAT WRITTEN EVIDENCE IS.
MAYBE JUST EVIDENCE. BECAUSE EVIDENCE IS NOT TYPICALLY ISN'T WRITTEN. ACTUALLY IT'S EITHER AN EXHIBIT OR IT'S TESTIMONY. TYPICALLY. YEAH. DO YOU HAVE ANY PROBLEM THINKING OF THAT? NO.
YEAH. I THINK BRITAIN IS A BIT REDUNDANT. I WOULD AGREE TO I THINK YOU COULD TAKE THAT WORD OUT. IT'S NOT JUST ALL THE SAME EFFECT. IT'S ARGUABLY LIMITING. RIGHT? RIGHT. ACTUALLY, IN ADDITION TO BEING REDUNDANT. SO YEAH IF YOU'RE OKAY I WOULD JUST TAKE THE WRITTEN OUT AND JUST SAY YOU GOT TO COME IN WITH SOME EVIDENCE. YEAH, YEAH. I JUST WANT TO SAY, UPON BEING GIVEN WRITTEN UPON BEING GIVEN EVIDENCE, PRESENTED WITH EVIDENCE. UPON EVIDENCE, EVIDENCE IS NOT A VERB. ALL RIGHT. WELL, I SEE YOU, I THINK YOU'RE WALKING TOWARD A POND, ACTUALLY. YEAH. SO. AND THAT'S A FAIR. THAT'S A FAIR POINT, TOO. UPON RECEIPT OF EVIDENCE, I WOULD NOT A PROBLEM WITH. YEAH. GOOD CATCH ON THE WITHIN. JUST ON. MAYBE WE SHOULD LOOK AT THIS AGAIN. I WAS KIND OF FOCUSED ON THE EVIDENCE QUESTION THERE AND REVOKE THE CONDITIONAL USE. ARE WE REALLY JUST SAYING THAT THAT THE CONDITIONAL USE CAN BE.
[01:25:14]
REVOKED IF EVIDENCE OF A ZONING VIOLATION IS PRESENTED? I MEAN, ISN'T THAT REALLY WHAT WE'RE SAYING? RIGHT. SO WE'D SAY THE MUNICIPALITY MAY REVOKE THE CONDITIONAL USE UPON I THINK YOU SAID RECEIPT OF EVIDENCE BY ANY RESIDENT OR OFFICIAL. AND HOW IS THAT ACCOMPLISHED? IS IT ACCOMPLISHED THROUGH SOME SORT OF A ZONING VIOLATION PROCESS? IS THAT HOW IT WORKS? THE REVOKING, THE CONDITIONAL USE? THAT'S A GOOD QUESTION. WE WOULD PROBABLY HAVE TO TALK TO OUR LEGAL COUNSEL ON HOW THAT WOULD BE DONE. BUT YEAH, COMPLAINTS COME IN. THOSE BECOME LIKE STAFF WOULD INVESTIGATE. THOSE BECOME CODE ENFORCEMENT CASES. IF THERE IS A VIOLATION. AS FAR AS THE. RECOMMENDATION, I GUESS THE WORD OR REVOKING THAT, THEN. YEAH, WE WOULD HAVE TO. I MEAN, I GUESS LUCKILY WE HAVEN'T HAD TO DO THAT YET, BUT I THINK WE WOULD WORK WITH OUR LEGAL TEAM AND I GUESS NOTIFY THEM OF THAT. AND I'M SURE WE WOULD NOTIFY THE PLANNING COMMISSION AS WELL. IS THERE A BOARD THAT CONSIDERS THAT? IS THAT US? I MEAN, WE'RE STARTING TO, I GUESS, SORT OF I MEAN, I MADE A POINT AND THEN NEIL MADE A POINT. BUT IF YOU IF YOU JUST READ THAT, IT SOUNDS LIKE IF SOMEBODY COMES IN WITH SOME EVIDENCE OF A VIOLATION, IT'S GAME OVER. THERE'S LIKE NO DUE PROCESS, REALLY. WHAT HAPPENS? IT HAS TO BE WEIGHED.AND THEN THERE MAY BE SOME DEFENSES. AND PRESUMABLY THERE'S FACT FINDING OF SOME SORT THAT OCCURS, PRESUMABLY IN AN ADMINISTRATIVE PROCEEDING. SO THAT AND GIVE THEM A CHANCE TO FIX THOSE VIOLATIONS. THEY DIDN'T KNOW THEY WERE IN VIOLATION. YEAH. YEAH, I THINK I THINK THAT'S RIGHT. I THINK THE DUE PROCESS SHOULD. AND IT DOESN'T SAY IT OUT LOUD, COME BACK HERE. MORE LIKELY THAN NOT, I THINK THE LANGUAGE IS BROAD ENOUGH NOW WHERE IT WOULD INCLUDE ANY TYPE OF LIKE PROPERTY MAINTENANCE VIOLATION OR JUST A NEIGHBOR THAT SEES THAT WHOMEVER HAD A CONDITIONAL USE TO RUN A, I DON'T KNOW, DOG KENNEL, I'M USING A TERRIBLE EXAMPLE IS NO LONGER HAVING CUSTOMERS. IT'S NO LONGER OPERATING LIKE THAT RIGHT NOW.
PRESENTED TO CITY STAFF AGAIN, I STILL THINK THAT WOULD AND SHOULD COME BACK TO YOU ALL.
THAT LANGUAGE SHOULD REFLECT THAT THEN YEAH, I CONCUR. YEAH, THAT'S A GOOD CATCH. JULIE, DO YOU WANT TO SORT OF TAKE IT BACK AND TAKE ANOTHER CRACK AT IT AND BRING IT BACK TO US FOR A LOOK AT, OKAY, RATHER THAN US TRY TO WORKSHOP IT. RIGHT. WORKSHOP IT RIGHT HERE ON THE FLY. MAYBE, YOU KNOW, A LEGAL COUNSEL SHOULD LOOK AT IT TOO AND JUST FIGURE OUT THE BEST WAY TO DO IT, BECAUSE, YEAH, I MEAN, I THINK THEY'RE ENTITLED TO SOME SORT OF DUE PROCESS HERE BEFORE, THROUGH SOME BOARD OR ADMINISTRATIVE PROCEEDING OR SOMETHING. YEAH. ESPECIALLY IF THERE'S LIKE NOTIFICATION AND THEN THEY CAN SAY, OH, I CAN FIX THAT. I DIDN'T KNOW THAT WAS BROKEN. NOW IT'S FIXED. GIVE ME MY CONDITION. YOU KNOW PLEASE DON'T TAKE MY CONDITIONAL USE AWAY.
I'M NOT IN VIOLATION ANYMORE. RIGHT. YEAH I THINK THAT'S A GREAT POINT. AND YEAH, THAT GIVES US THE OPPORTUNITY TO KIND OF TALK THROUGH LIKE WHAT THAT PROCESS WOULD BE, WHAT THAT LOOKS LIKE. AND WE CAN COME BACK AND SHARE THAT WITH YOU GUYS. THAT'S A REALLY GOOD POINT. SO WE CAN HOLD OFF ON A MOTION UNTIL WE GET REVISED LANGUAGE AT A FUTURE MEETING. YEAH. I DON'T THINK THERE'S A MOTION NEEDED. ANYTHING ELSE ON OUR AGENDA TONIGHT? ANY FURTHER COMMENTS ON THIS ONE? I DON'T THINK SO. ALL RIGHT. SO WE'RE AT PAUL MEMBERS FOR COMMENT. SARAH. NOTHING.
HANS. NOPE. THANK YOU. NONE FOR ME OTHER THAN HAPPY HOLIDAYS FOLKS. HAPPY HOLIDAYS. HAPPY HOLIDAYS. ALL RIGHT. AND WITH THAT,
* This transcript was compiled from uncorrected Closed Captioning.