Feb 19, 2025 Planning Commission

[00:00:01]

READY? NOT IN THE NEXT HERE. I PRESUME COULD DO ANYTHING. 19TH 2025.

[I. Call to order]

[III. Action on minutes: February 3, 2025]

SORRY. SO YOUR MOTION FOR THE MINUTES. I'LL MOVE TO APPROVE THE MINUTES OF THE. FEBRUARY 3RD FEBRUARY 3RD, 2025 PLANNING COMMISSION MEETING. AS CORRECTED. DO I HEAR A SECOND? I'LL SECOND. ANY DISCUSSION ON THE MOTION? CAN THE ROLL, PLEASE? MR. WALLACE? YES. MR. LAWSON? YES. MISS BRIGGS? YES. MR. KIRBY. YES. MR. SHELL. YES. MOTION PASSES WITH ALL VOTES TO

[IV. Additions or corrections to the agenda]

[VI. Cases]

[00:05:06]

AND THEN ON THE FUEL CANOPY STATIONS, THEY'RE ALSO PROPOSING TO USE THAT CARRY FORWARD THAT SAME BRICK FOR THE COLUMNS HERE, WHICH IS CONSISTENT WITH WHAT OTHER GAS STATIONS HAVE DONE IN NEW ALBANY IN TERMS OF JUST MAKING SURE THAT THEY'RE USING THE SAME MATERIAL, BOTH ON THE BUILDING AS WELL AS THE FUEL CANOPY COLUMNS. GIVE ME JUST A SECOND HERE. WE DO HAVE SEVERAL CONDITIONS OF APPROVAL RELATED TO ARCHITECTURE. I GUESS COMMENTS OR CITY ARCHITECT DID REVIEW THE PROPOSAL AND STATES THAT THE USE OF THIS DARKER BRICK COLOR IS REALLY INCONSISTENT WITH OTHER RETAIL BUILDINGS FOUND IN THE REST OF NEW ALBANY. THE APPLICANT DID DID INDICATE THAT THEY WERE TAKING CUES FROM THE AXIOM BUILDING, WHICH IS LOCATED JUST SOUTH OF THE SITE, WHICH USES A DARKER COLOR. BUILDING MATERIAL. AND THAT'S, YOU KNOW, KIND OF KIND OF WAS USED AS THEIR INSPIRATION. I'LL LET THEM TALK ABOUT THAT MORE, BUT WAS USED AS INSPIRATION FOR THIS BUILDING. THE CITY ARCHITECT DID TAKE THAT INTO CONSIDERATION, BUT BELIEVES JUST IN ORDER TO BE CONSISTENT WITH THE REST OF THE COMMUNITY AND TO BE MORE TRADITIONALLY A MORE EARTH TONE COLOR OF BRICK IS TYPICALLY USED, ESPECIALLY AT OUR RETAIL SITES ALL OVER THE COMMUNITY. YOU KNOW, US 62 ON BEACH ROAD AS WELL. SO WE DO HAVE A RECOMMENDED CONDITION OF APPROVAL THAT THAT BRICK IS REVISED TO BE A NATURAL COLOR. SUBJECT TO STAFF APPROVAL.

ADDITIONALLY, OVERALL, KIND OF BEYOND THE BRICK COLOR, THE CITY ARCHITECT IS SUPPORTIVE OF THE DESIGN. THEY DO RECOMMEND THAT A CONDITION OF APPROVAL AND YOU SAW IN YOUR STAFF REPORT AND I'LL HIGHLIGHT IT AGAIN BUT THAT THE PANELS HERE THAT THEY BE ACTUALLY RECESSED AS THEY APPEAR TO BE ON THE ELEVATIONS. AGAIN, THAT'S JUST KIND OF A CLEANUP CONDITION OF APPROVAL. IT APPEARS THAT THAT'S THEIR INTENT TO DO THAT. BUT WE JUST PUT THAT IN THERE JUST TO MAKE SURE. TALK ABOUT SEVERAL VARIANCES AS WE GO THROUGH THIS. SO THE APPLICANT IS REQUESTING A VARIANCE TO ELIMINATE THE REQUIREMENT TO HAVE AN ACTIVE AND OPERABLE FRONT DOOR ON THE INNOVATION CAMPUS WAY ELEVATION, WHICH IS SHOWN HERE ON THE SCREEN. AS YOU THIS BOARD IS WELL AWARE, THIS REQUIREMENT APPLIES TO ALL OF OUR RETAIL SITES AND IN ALBANY IT IS A VARIANCE THAT HAS BEEN GRANTED FOR SIMILAR AUTO ORIENTED USERS THROUGHOUT THE COMMUNITY. I GUESS, YOU KNOW, FOR THESE BUILDINGS THAT ARE LOCATED ON MORE AUTO ORIENTED SITES, THE PLANNING COMMISSION HAS FOUND IN PREVIOUS CASES THAT THE NEED TO HAVE AN ACTIVE DOOR ON ALL ELEVATIONS IS NOT NECESSARY. THERE ARE SEVERAL SIGNS ASSOCIATED WITH THIS APPLICATION. AND A FEW OF THEM NEED VARIANCES. SO CITY CODE ALLOWS TWO WALL SIGNS ON THIS BUILDING BASED ON THE SITE HAVING TWO FRONTAGES. YOU HAVE A PROPOSES TO INSTALL FOUR WALL SIGNS. THEREFORE A VARIANCE IS NEEDED. OVERALL KIND OF IN SOME OUR EVALUATION OF THIS SPECIFIC VARIANCE YOU KNOW THE BUILDING THE TWO ADDITIONAL SIGNS ON THE ON THE MING STREET ELEVATION JUST APPEAR TO BE A LITTLE BIT REDUNDANT. AND WE WOULD LIKE THE PLANNING COMMISSION JUST TO EVALUATE THAT REQUEST SO THAT WE'RE NOT, YOU KNOW, BY APPROVING THIS SETTING FUTURE PRECEDENT FOR FUTURE CASES. YOU KNOW, WE'RE USING THE SAME SPEEDWAY SIGN ON THIS ELEVATION, WHICH IS THE MAIN STREET ELEVATION. THE LEFT SIDE HERE, AS WELL AS IN THE REAR OF THE BUILDING. JUST HAVING ADDITIONAL WALL SIGN JUST APPEARS TO BE A LITTLE REDUNDANT FROM OUR PERSPECTIVE. THERE'S ALSO SOME WELCOME SIGNAGE INSTALLED ABOVE THE AWNINGS HERE ON THE BUILDING. WE DO HAVE A RECOMMENDED CONDITION OF APPROVAL THAT THOSE SIGNS BE REMOVED. AGAIN, JUST FOR REDUNDANT REDUNDANCY THAT WE BELIEVE THAT THE JUST DO THE ARCHITECTURE AND THEY'RE DOING A GREAT JOB. THE ENTRANCES TO THE BUILDING ARE ALREADY REALLY WELL DEFINED, AND WE DON'T NEED THAT ADDITIONAL SIGNAGE TO IDENTIFY THE ENTRANCE. IN ADDITION, I BELIEVE THAT THE SIGNS WERE ALSO USING A VINYL MATERIAL, WHICH IS NOT PERMITTED IN OUR CITY CODE. SO THE APPLICANT IS ALSO PROPOSING TO INSTALL THESE TWO DIRECTIONAL SIGNS ON THE PROPERTY. THERE ARE TWO VARIANCES ASSOCIATED WITH THAT. THE SIGNS ARE TOO TALL OR TALLER THAN WHAT CODE ALLOWS. OUR CODE

[00:10:02]

OVERALL, THIS IS THE PROPOSED MONUMENT SIGN THAT THEY PLAN TO USE ON THE PROPERTY. THIS PROBABLY LOOKS VERY FAMILIAR BECAUSE IT'S THE GAS STATION SIGN THAT'S USED THROUGHOUT THE REST OF THE COMMUNITY. THE ONLY NOTE THAT WE DID HAVE IS THAT IT APPEARED. AND I'LL LET THE APPLICANT SPEAK TO THIS WHEN THEY GET UP AND TALK. BUT IT APPEARED THAT THERE MIGHT BE SOME REFERENCES TO INTERNAL ILLUMINATION ON THESE SIGNS. AND AS YOU KNOW, WE REQUIRE THESE SIGNS TO HAVE EXTERNAL EITHER DOWNCAST LIGHTING SYSTEM WHICH APPEARS. THAT'S WHAT'S SHOWN HERE, BUT IT WASN'T SUPER CLEAR IN THE SUBMITTAL. OR WE'VE ALSO USED A GROUND MOUNTED UP LIGHT, VERY TARGETED ON THE SIGNS. WE DO HAVE A CONDITION OF APPROVAL OR I DON'T THINK IT WAS A CONDITION OF APPROVAL ACTUALLY WHEN REVIEWING THIS, BUT JUST CLARIFYING THAT TONIGHT WOULD BE HELPFUL AND MAKING SURE THAT THAT'S NOT AN INTERNALLY ILLUMINATED SIGN, BECAUSE THAT IS NOT ALLOWED IN OUR CITY CODE. SO OVERALL, WE DO BELIEVE, YOU KNOW, AGAIN, WITH THE CONDITIONS OF APPROVAL, THE PROPOSED DEVELOPMENT IS APPROPRIATELY LOCATED. JUST, YOU KNOW, IT'LL SERVE AS AN IMPORTANT AMENITY TO OUR BUSINESS PARK. THIS IS LOCATED ON ONE OF THE CITY'S INTERCHANGES INTO THE COMMUNITY. WE DO BELIEVE THAT THE, YOU KNOW, THE BRICK COLOR SHOULD BE NATURALIZED OR CITY ARCHITECT DID FEEL VERY STRONGLY ABOUT THAT. BUT AGAIN, OVERALL, IT DOES ALIGN WITH THE RETAIL RETAIL STANDARDS OF OUR STRATEGIC PLAN IN GENERAL. AND I DO HAVE THESE TEN CONDITIONS OF APPROVAL THAT WERE PULLED FROM THE STAFF REPORT. MANY OF THEM WE'VE TALKED ABOUT, BUT I'M HAPPY TO LEAVE IT HERE AND ANSWER ANY QUESTIONS THAT YOU GUYS HAVE FOR ME AS STAFF OR FOR US AS STAFF. BEFORE WE PASS IT ON TO THE APPLICANT. THANK YOU.

ENGINEERING. WE ASKED THAT THEY PUT SITE DISTANCE TRIANGLES ON THE LANDSCAPE PLAN AND REMOVE ANY OBSTRUCTIONS, AND WE WILL EVALUATE THE STORMWATER MANAGEMENT, SANITARY COLLECTION AND ROADWAY CONSTRUCTION RELATED DETAILS WHEN THE CONSTRUCTION PLANS BECOME AVAILABLE. THANK YOU. CAN WE HEAR FROM THE APPLICANT? CAN I ASK CHRIS A QUICK QUESTION? HEY, CHRIS. YOU.

THE AXIOM BUILDING WAS REFERENCED IN THE STAFF REPORT. DID THE COLOR OF THAT BUILDING COME BEFORE THE COMMISSION AT ANY POINT? IT DID NOT. AND THERE'S JUST DIFFERENT STANDARDS FOR COMMERCIAL WAREHOUSE BUILDINGS OUT IN THE BUSINESS PARK. THERE'S A LITTLE BIT MORE FLEXIBILITY THAN, YOU KNOW, COLORS. AND WHAT MATERIAL MATERIALS ARE USED. I CAN LOOK FOR A MINUTE TO SEE EXACTLY WHAT THAT MATERIAL IS IF I CAN FIND IT. BUT NO, THAT WOULD NOT HAVE COME BEFORE THIS BOARD. OKAY. THANK YOU. CAN WE HAVE THE APPLICANT? HI THERE. CARTER BEAN, 4400 NORTH HIGH STREET, COLUMBUS, OHIO, 43214. I GUESS WE'LL ADDRESS THE BRICK FIRST.

THERE IS A LOT OF DETAILING IN THAT BRICK, AND IT WOULDN'T APPEAR IN REALITY THE WAY IT DOES IN THOSE RENDERINGS. THERE'S A LOT GOING ON. THERE ARE POLLED PILASTERS THAT REGULARLY HAVE A CADENCE AROUND THE BUILDING, AND THE PUSH PANEL PANELS, PLUS SOLDIER COURSES AND ROLLOUT COURSES THAT WILL GIVE IT SOME ADDITIONAL RELIEF AS WELL. WITH REGARD TO COLOR. I KNOW THIS THE AXIOM BUILDING ISN'T THE ONLY BUILDING THAT THAT, YOU KNOW, IT'LL IT'LL BE RELATIVE TO OUT THERE IN THE COMING YEARS. BUT IT DOES SET IN MY MIND A GOOD PRECEDENTS FOR SOME ALTERNATE, YOU KNOW, COLOR PALETTES OUT IN THIS AREA. AND WE VERY MUCH HAD A SIMILAR CONVERSATION BACK WHEN WE DID THE NEW ALBANY BALLET COMPANY BUILDING AT SMITH'S MILL. THERE WAS A LOT OF CONVERSATION AND ANGST OVER THE CHOICE OF A WHITE BRICK THERE. I THINK THAT'S A PERFECT EXAMPLE OF SOMETHING DIFFERENT. SUCCESSFULLY BEING PULLED OFF AND STILL NOT ESTABLISHING SUCH A PRECEDENCE THAT IT'S HAPPENING REGULARLY, RIGHT. SO I DON'T KNOW THAT BY APPROVING SOMETHING A LITTLE BIT DIFFERENT HERE, IT WOULD START, YOU KNOW, TRICKLING INTO RECEIVING MANY, MANY APPLICATIONS TO DEVIATE FROM MORE OF AN EARTH TONE RED BRICK.

PART OF THE ADDITIONAL REASON FOR WANTING A BLACK BRICK SUCH AS THIS. AND WHEN I SAY BLACK BRICK, IT IS A RED BRICK THAT IS FLASHED. SO AS TIME PASSES AND SOME OF THAT FLASHING WEARS OFF

[00:15:05]

IS THERE A REASON STAFF FEELS IS THERE A REASON STAFF FEEL STRONGLY ABOUT THE 30? I THINK MAYBE, AND I APOLOGIZE, I DIDN'T HIT THAT ONE IN OUR IN OUR PRESENTATION. BUT CANDIDLY, JUST SOME LESSONS LEARNED AS WE'VE DEVELOPED GAS STATIONS THROUGHOUT THE COMMUNITY OVER TIME. AN EXAMPLE OF WHERE WE'VE ALLOWED LARGER PAVEMENT WIDTHS IS THE BEACH OR THE SORRY, THE DUKE AND DUCHESS STATION ON 62 RIGHT OVER HERE, WHERE IT'S JUST AN EXPANSIVE AMOUNT OF PAVEMENT WIDTHS ALL OVER, ALL OVER THE SITE. WHICH JUST MAKES IT A LITTLE BIT UNCOMFORTABLE, YOU KNOW, FOR PEDESTRIANS HAVING TO CROSS LARGE EXPANSES OF PAVEMENT. YOU KNOW, WE KIND OF CORRECTED THAT. A SIMILAR CONDITION OF APPROVAL WAS PLACED ON THE DUKE AND DUCHESS ON BEACH ROAD, AND THEY REDUCED THEIR DRIVE HOURS TO 30, AND SOME PORTIONS OF THE SITE WAS REDUCED EVEN MORE, IF I RECALL CORRECTLY. SO IT'S JUST BEEN A JUST KIND OF A BEST PRACTICE, SOMETHING THAT WE'VE LEARNED OVER TIME JUST TO, YOU KNOW, UNDERSTAND THIS IS AN OUTDOOR ORIENTED SITE. BUT, YOU KNOW, GIVEN DEVELOPMENT THAT'S GOING TO HAPPEN, YOU KNOW, IN AND AROUND THIS AREA, BUT ALSO ACROSS THE STREET IN JERSEY TOWNSHIP, WE KNOW THAT PEOPLE WILL STILL WALK THROUGH THE SITE, EXPERIENCE IT AND MAKE SURE THAT THEY HAVE A GOOD EXPERIENCE DOING SO. HAVING WORKED ON BOTH OF THOSE OTHER PROJECTS THAT WERE MENTIONED, THE JOHNSTOWN ROAD DUCHESS IS A PECULIAR SITUATION IN THAT IT ONLY HAS ONE CURB CUT AND THE FUEL SEMI HAS TO CIRCULATE AROUND THE ENTIRE BUILDING. SO THAT DID END UP WITH SOME EXCESSIVE DRIVE AISLES TO ACCOMMODATE THE TURNING RADIUS FOR THE TRUCKS. THE BEACH ROAD HAD TWO CURB CUTS. THE TRUCK DIDN'T HAVE TO GO AROUND THE BUILDING IN ORDER TO SERVICE THE TANK UNDERGROUND TANKS. AND ON THIS SITE, THE SEMIS AND THE FUEL TANKERS ARE ALL RELEGATED BACK HERE. HOWEVER, IN THE FRONT OF THE STORE, THAT 35 FOOT WIDTH IS SOMETHING THAT 7-ELEVEN SPEEDWAY IS DETERMINED AS THE MINIMUM FOR JUST THE MORE PEDESTRIAN ORIENTED VEHICLES. SO YOU DON'T NEED FUEL TRUCKS NEAR THE GAS PUMPS. THESE ARE THE UNDERGROUND TANKS HERE, SO THEY'LL BE NEAR THE DIESEL PUMPS, BUT WON'T BE OUT IN THIS AREA. THERE'S BEEN A VERY

[00:20:06]

THERE. CAN YOU COMMENT ON SOME OF THE REST OF THE CONDITIONS THAT WERE THERE? SURE. CAN YOU GET BACK TO THE ONE? THAT WAS THE FIRST THREE THAT ARE IN CONFLICT? SURE. AND SO FOR AND FIVE AND SIX. FOUR, FIVE AND SIX ARE ALL RELATIVE TO THE FACT THAT THE PROPERTY HAS NOT YET BEEN SPLIT. AND THE REASON FOR NOT WANTING TO FORMALLY SPLIT THAT PRIOR TO RECEIVING APPROVAL IS THAT, YOU KNOW, IT MAY HAVE TO BE SPLIT A DIFFERENT WAY. IF THIS PROJECT WERE NOT TO GO FORWARD. SO THAT WILL ABSOLUTELY HAPPEN. AND THE WAY WE'VE DESIGNED FOR THE TREES ALONG THE FRONTAGES AND THE HORSE FENCE OF COURSE IS SPECIFIC TO THE FUTURE SPLIT OFF, WHICH IS WHAT YOU SEE IN THE SITE PLANS. THE ADDITIONAL PIECE OF THIS PROPERTY TODAY GOES TO THE NORTH OF WHAT YOU'RE SEEING ON THE SITE PLANS. SO ONCE SPLIT THE WAY THOSE TREES HAVE BEEN LAID OUT AND NUMBERED WOULD BE COMPLIANT WITH WITH THE FUTURE SPLIT LOT. STAFF CONCUR ON THAT.

YES WE ARE. YEP. OKAY. SO THAT WAS FOUR. FIVE AND SIX ARE BASED ON OR. THERE'S A LOT SPLIT INVOLVED TO CORRECT. IT'S THE CALCULATION OF TREES IS BASED UPON PER 100FT OF FRONTAGE. SO IT WOULD BE A GREATER AMOUNT OF FRONTAGE AND THEREFORE A GREATER NUMBER OF TREES. BUT RIGHT. SO THE CONDITIONS, ALL THREE OF THOSE CONDITIONS MENTIONED IF THE LOT IS SPLIT THAT THEY ARE DIFFERENT. SO GIVEN THAT VERBIAGE, ARE YOU GOOD WITH FOUR, FIVE AND SIX AS PRESENTED.

YEP. THANK YOU. SEVEN. AND WHERE DOES WHERE DOES THE DOCUMENT SHOW THE SPLIT LINE. IT DOESN'T SHOW IT SUPER CLEARLY, BUT I CAN SHOW YOU AGAIN. SO THIS IS THE SITE OVERALL THIS ENTIRE PROPERTY. AND THEN THEY'RE ONLY DEVELOPING A SMALL PORTION OF THAT. SO THIS I CAN TRY TO DO MY BEST TO THIS IS PROBABLY LIKE RIGHT ABOUT HERE. YES. SO THE CHUNK TO THE NORTH, IT'S CURRENTLY WALL TO WALL TREES IS NOT BEING DEVELOPED UNDER THIS. CORRECT. IT'S JUST UNDER ONE PROPERTY RIGHT NOW. SO THAT'S WHY WE PUT, YOU KNOW, BLACK AND WHITE. THE LETTER OF THE REQUIREMENT APPLIES TO THE ENTIRE PROPERTY. AND SO THE CONDITION WOULD BE THAT IT WOULD IF IT DOES SPLIT IT WOULD SPLIT AS SHOWN. AND IF YOU VARIED FROM THAT IT WOULD HAVE TO COME BACK.

THE INTENT THE CONDITION IS THAT HOWEVER IT SPLIT THEY NEED TO UPDATE THOSE CALCULATIONS TO MEET CODE IS REALLY WHAT WE'RE TRYING TO GET AT SAME DENSITY. IN OTHER WORDS, FOR TREES OR WHATEVER. YEP. YOU KNOW, DOES IT LAY IT OUT FOR THE WHOLE PROPERTY, DO THE SPLIT, WHATEVER FELL ON THE OTHER SIDE OF SPLITS? NO LONGER REQUIRED. CORRECT. OKAY. SO THE NORTHERN PROPERTY, IF SPLIT, WOULD HAVE TO COME BACK BEFORE US FOR A FINAL DEVELOPMENT PLAN OF ITS OWN. CORRECT. YEAH. AND I SAW A DRIVE AISLE TO THAT PROPERTY. CORRECT. OKAY. IS THERE A CROSS ACCESS EASEMENT FOR THAT? THERE WILL BE A RECORDED ACCESS EASEMENT. YES. SHOULD WE MAKE THAT A CONDITION? YEP. YEAH. I THOUGHT. OKAY. SO SEVEN WAS CODIFIED ORDINANCE ON TREES AND CALIPER. ARE WE GOOD THERE? OKAY. WE'RE GOOD WITH THAT. YEP. THE WELCOME SIGNS. I HAVE A QUESTION FOR STAFF. SO FIRST THOSE ARE GLASS DOORS. YEAH. OKAY. IF THEY PUT THE WORD ENTER ON THE GLASS OF THE DOOR, DOES THAT COUNT AS A SIGN? IT WOULD STILL BE A WINDOW SIGN. IT WOULD NOT BE A WALL SIGN OBVIOUSLY. BUT THAT HAS BEEN DONE IN THE PAST. ALL RIGHT. AND BECAUSE THE

[00:25:06]

WAS THAT REALLY THE POINT OR WAS IT DO NOT USE VINYL WHICH IS THE SECOND HALF OF THAT SENTENCE. I THINK WE USE THE VINYL. IT WAS A FAIR, FAIR COMMENT. I THINK OUR INTENT WAS TO REMOVE REMOVE THE SIGNS, BUT IF THEY STAYED, THE VINYL NEEDED TO BE ALTERED TO A CODE COMPLIANT MATERIAL, I APOLOGIZE. OKAY, WELL, SO CONDITION EIGHT COULD BE IF THE WELCOME TO THE WELCOME SIGN COMES UNDER THE VARIANT OR NOT. THEY DO NOT BECAUSE THOSE ARE THOSE ARE ALLOWED. IT WAS JUST A RECOMMENDED CONDITION OF APPROVAL. CONDITION EIGHT IS TO REMOVE THE WELCOME SIGN.

CORRECT. CORRECT. SO THERE'S A THERE ISN'T ANY IF OR WHETHER IT'S VINYL OR NOT. IF THEY CHANGE THE MATERIAL. RIGHT, CHRIS. YES. IF YOU WERE TO HYPOTHETICALLY, IF YOU WERE TO MODIFY THAT TO ALLOW THE WELCOME SIGNS, WE WOULD RECOMMEND AN ADDITIONAL CONDITION OF APPROVAL OR NEW OR MODIFIED CONDITION OF APPROVAL THAT THE MATERIAL THAT'S BE CHANGED TO A COMPLIANT MATERIAL. APOLOGIES IF THAT WASN'T SUPER CLEAR. OR WOULD THAT JUST GO AWAY? BECAUSE IF THEY USE A CODE COMPLIANT MATERIAL, THEN IT'S NO LONGER A VARIANCE OR CONDITION. RIGHT. IT WOULD BE ALLOWED. IT WOULD BE ALLOWED IF IT'S A CODE COMPLIANT MATERIAL, BUT JUST PROBABLY JUST TO MAKE SURE THAT THE RECORD IS CLEAR WHEN WE GET TO DO THE SIGN PERMIT, YOU KNOW, HOWEVER LONG FROM NOW, JUST ADDING THAT CONDITION WOULD BE NICE. COMPLIANT MATERIAL. OKAY, SO WHAT I'M HEARING IS STAFF WOULD PREFER REMOVAL OF THE CANOPY SIGNS AND IS AND IT IS A MANDATE TO FOLLOW CODE TO NOT USE VINYL WHETHER IT'S THERE OR NOT. CORRECT. OKAY. THAT NEEDS REWORDING. SO WHERE ARE WE LANDING ON THAT? WELL WE HAVE TO DECIDE WHETHER THE CANOPY SIGN

[00:30:04]

BUT JUST SO I'M CHECKING WOULD IT IS THERE ANY WAY THAT IT WOULDN'T BE A SIGN. IT WOULD ALWAYS BE A SIGN. IT WOULD JUST BE A DIFFERENT TYPE OF SIGN, A DIFFERENT TYPE OF SIGN. OKAY.

THANK YOU. THE CANOPY SIGN VERSUS A WALL SIGN. AND THERE'S DIFFERENT CLASSIFICATIONS. AND WE'LL TALK ABOUT THAT WHEN WE TALK ABOUT THE VARIANCES. YEAH THE VARIANCE IS JUST ABOUT WALL SIGNS. BUT CARTER IS RIGHT THAT TECHNICALLY THEY ARE ALLOWED TO HAVE ADDITIONAL CANOPY SIGNS.

OKAY. YEAH. THANK YOU. WHAT'S THE DEFINITION OF A CANOPY SIGN. GENERALLY. YOU KNOW I THINK THE NAME I'M NOT TRYING TO BE SILLY, BUT THE NAME. SO THERE'S USUALLY A CANOPY ON THE BUILDING THAT THE SIGN IS INSTALLED ON TOP OF OR ON THE FACE OF WHAT IT IS. OKAY. MISSPOKE EARLIER. ACTUALLY THEY'RE THEY'RE AWNING SIGNS THAT ARE ALLOWED UP TO 30% OF THEIR FACE WITH GRAPHICS. THE CANOPY SIGNS DIFFERENT ALLOWED ARE ALLOWED 90% OF THE FACE TO BE COVERED WITH GRAPHICS. SO YES, THE ORDINANCE HAS THOSE THOSE DIFFERENT TYPES OF SIGNS THAT ARE ALLOWED BASED UPON THE TYPE OF DEVELOPMENT. OKAY. GOT IT. ANOTHER QUESTION FOR US IS, IS IT OVERSIGHT? IF IT SAYS WELCOME RIGHT. THAT SEEMS TO ME THAT'S THE QUESTION THAT'S LEFT BECAUSE IT'S NOT GOING TO BE VINYL. ALL RIGHT. ADDRESS NUMBERS RELOCATED ON THE MONUMENT SIGN. THAT'S OKAY. YEP.

ALL RIGHT. ENGINEER'S COMMENTS. NO PROBLEM THERE. THAT'S NO PROBLEMS THERE. OKAY. AN EASEMENT TO THE NORTH IF YOU GET THE LOT SPLIT. NO PROBLEM THERE. CORRECT. OKAY, THERE'S ANOTHER PART TO NUMBER NINE. THE ADDRESS NUMBERS, THE MONUMENT SIGN, LIGHTING FROM GROUND UP. HAVING TO DO THAT? NO, I'D LIKE TO ACTUALLY MODIFY THAT. OKAY. SO THE I PREFER THE MONUMENT SIGN BE DOWNCAST. OKAY. YES, I NOTICED THAT TOO. SO? SO NINE IS GRANDMOTHER UPLOAD. IT'S DOWNLOAD. THE DOWNLOAD IS THAT'S IN THE GUIDELINES FOR THAT PARTICULAR AREA. YEAH. YES.

THANK YOU FOR CATCHING THAT. ALL RIGHT. SO THOSE WERE THE CONDITIONS OF APPROVAL FOR THE FINAL DEVELOPMENT PLAN. WE'VE GOT CONFLICT ON ONE, TWO, THREE, FOUR, FIVE AND SIX ARE OKAY BECAUSE THEY TAKE THE LOT SPLIT INTO ACCOUNT. DID WE GET A COMMENT ON SEVEN? I DIDN'T CHECK IT OFF ON MY LIST. IS THAT QUESTION? YES, PLEASE. OKAY. ALL RIGHT. DO YOU WANT TO HANDLE THE VARIANCES. BECAUSE THE SIGNS. BECAUSE THAT INTERACTS WITH. CONDITION EIGHT. SURE. ALL RIGHT. SO I HAVE SOME QUESTIONS I WANT TO ASK ON OTHER STUFF. BUT LET'S MOVE TO THE SIGNS THAT MAKE SENSE. ALL RIGHT. SO WE'VE GOT VARIANCE ON THE DOORS. AND THAT'S PRETTY STRAIGHTFORWARD.

WE'VE DONE THAT BEFORE. AND. THE FOUR WALL SIGNS AND THE DIRECTIONAL SIGN HEIGHT. WE GO OVER C AND D AGAIN THE STAFF. SO AND YOUR RECOMMENDATIONS TO MAKE SURE I'M NOT MISSING ANYTHING.

WE THOUGHT THAT THOSE TWO VARIANTS THEY WERE BOTH RELATED TO APOLOGIES OKAY. VARIANCE. AND SO THESE ARE BOTH RELATED TO THESE TWO DIRECTIONAL SIGNS THAT ARE ON THE SITE. THEY'RE LARGER IN TERMS OF THEY'RE THEY'RE TALLER THAN WHAT'S ALLOWED BY CODE. AND THEY'RE ALSO HAVE A AREA THAT'S LARGER THAN WHAT'S ALLOWED BY CODE. IT'S REALLY NOT BY MUCH FROM OUR PERSPECTIVE.

AND JUST GIVEN THE, YOU KNOW, THE DIFFERENT TYPES OF VEHICLES THAT ARE ON THE SITE, WE BELIEVE THAT THE LARGER SIGN IS APPROPRIATE JUST TO MAKE SURE THAT THEY'RE SAFE, IN PARTICULAR THE TRUCK TRAFFIC. SO CORRECT THE TRUCK. CORRECT? YEP. THEN THERE'S ALL OF THE BUSINESS CAMPUS. THEN SAY, HEY, WE HAVE TRUCKS ALL OVER INNOVATION CAMPUS WAY. HOW COME WE CAN'T HAVE BIGGER SIGNS? A FAIR POINT. I DO THINK THIS IS A LITTLE BIT UNIQUE, BECAUSE THIS IS ON A MAJOR THOROUGHFARE THROUGH THE CITY, ESPECIALLY RIGHT AFTER AN INTERCHANGE. AND THERE'S NOT REALLY A LOT THERE. THERE ARE NOT A LOT OF OPPORTUNITIES FOR FOLKS TO TURN AROUND ONCE

[00:35:01]

WHY DOES THAT HAVE TO BE BIGGER IF IT'S BIGGER TO TRY AND DISSUADE TRUCKS FROM PULLING IN THERE? YOU KNOW, I THINK IT'S THE SAME PRINCIPLE. SO THE TRUCKERS CAN SEE THAT'S THE VEHICLE. THAT'S THE VEHICLE ENTRANCE. I GOT TO GO TO THE TRUCK ENTRANCE. I THINK THAT'S THE IDEA. IT DOESN'T SAY NO TRUCKS. SO YOU HAVE TO INFER THAT THAT'S TRUE. THAT'S THAT'S A FAIR POINT. THEY WOULD HAVE TO MAKE SURE THAT I, I STRUGGLE WITH THAT ONE BECAUSE IT DOESN'T INDICATE NO TRUCKS. RIGHT. AND SO IT'S MEANT SPECIFICALLY FOR CARS. SO IT FEELS LIKE THAT DOESN'T NEED THE VARIANCE OR IT NEEDS TO BE MODIFIED TO BE CLEAR. GRAPHICALLY WE COULD MODIFY TO PREVENT, YOU KNOW, SAY NO TRUCKS HERE. WELL OR INSTEAD OF SAYING SPEEDWAY MAYBE IT SAYS CARS WHERE THE OTHER ONE SAYS TRUCKS. SOMETHING LIKE THAT. THAT WOULD BE. THAT'S A GOOD POINT. SO DO WE WANT TO REQUEST THAT TO BE A CONDITION OR FLIP TO. OKAY. THE VARIANCE HAS A ONE CONDITION IN THE STAFF REPORT ALREADY. SO TWO IS THAT OF THE WAYFINDING SIGNS. IT SAYS CARS OR NO TRUCKS. DO WE WANT TO LEAVE IT UP IN THE APPLICANT OR STAFF'S DISCRETION. YEAH. THE WORDING. YEAH. WELL I HEARD YOU MENTION NO TRUCKS. I WAS THINKING CARS. CARS IS A BETTER WAY OF DOING THAT OR GAS BECAUSE. RIGHT. YEAH. YOUR BIG DIESEL TRUCKS DON'T WANT TO GO AND GET GAS. RIGHT. SO THAT'S WHAT I WAS SAYING. MAYBE WE JUST LEAVE IT SUBJECT TO STAFF APPROVAL AND YOU CAN HAVE THAT DISCUSSION WITH THEM. DOES THAT MAKE SENSE? FOR STAFF? WHAT'S THE SPEED LIMIT ON INNOVATION? OH, ENGINEERING FRIENDS. DO YOU GUYS KNOW. IS IT 35? I THINK IT'S 35. BUT LET ME CHECK. YEAH, I'M LIKE 95% CONFIDENCE. 35. WHAT I'M FISHING FOR IS AN ABILITY TO SAY, OH, YOU DON'T HAVE THE 45 MILE AN HOUR SPEED LIMIT. YOU DON'T GET THE BIGGER SIGN THAT THAT I REALLY WORRIED ABOUT PRECEDENT SETTING AND PUTTING A BOX AROUND THIS SO THAT WE DON'T HAVE IS LIKE SWIMMING POOLS. ONCE YOUR NEIGHBOR HAS IT, YOU'VE GOT TO HAVE IT TO. WITH NO FENCE. WITH NO FENCE. YEAH. IT'S 35. OKAY. WHAT ARE THE OTHER MAJOR ROADS ON? SO IT'S 45 ON MINK AND BEACH. YES. OKAY. AND CLOVER VALLEY FURTHER NORTH IS 35.

RIGHT? CORRECT. DO WE HAVE THIS TYPE OF THING ON THE OTHER, ON THE OTHER INTERCHANGE ROADS? THIS IS WHAT'S UNIQUE ABOUT THIS IS, I GUESS I MEAN, BEACH ROAD IS THE ONLY OTHER GOOD EXAMPLE I CAN THINK OF, BUT THAT THAT ENTIRE RETAIL DEVELOPMENT IS ACCESSED BY 1 OR 2 CURB CUTS.

THEY ALL GET THEIR INDIVIDUAL SITE ACCESS OFF OF THAT INTERNAL ROAD, VERSUS HAVING DIRECT ACCESS ONTO A MAJOR HIGH SPEED ROAD OR HIGHER SPEED ROAD. WOULD IT BE POSSIBLE, AS PART OF THE RECORDS, PARTICULARLY FOR PROBABLY QUOTE THIS LATER, SO THAT WE HAVE THIS AS WELL UNDERSTOOD AS TO THE RATIONALE FOR THE VARIANCE INCLUDES ALL THESE FACTORS WHICH ARE NOT PRESENT ELSEWHERE, WHICH IS WHAT. SURE. DUNCAN DRIVES TOWARDS ANYWAYS, IS THAT THIS IS NOT PRESENT ELSEWHERE. IT'S A ONE OFF KIND OF A DEAL. OKAY. YEAH, WE CAN MAKE SURE THAT'S WELL DOCUMENTED IN THE MINUTES. SOMETHING ELSE UNIQUE ABOUT THE ACCESS TO THIS SITE AND WHERE FROM WHERE MOST OF THE TRUCKS WILL BE COMING IS THE WEST. AND IF TRUCKS MISS THIS ENTRANCE, THERE'S NO OTHER WAY. THEY CAN'T MAKE A LEFT TURN HERE. THEY CAN'T GET ON TO ME AND MAKE A LEFT TURN HERE. IT WOULD BE A REALLY INTERESTING SITUATION OF THEM TRYING TO GET TURNED

[00:40:03]

AND OF COURSE, THAT FOURTH SIGN IS RELATIVE TO, YOU KNOW, PRESENTING ITSELF TO THE DIESEL CAMP. SO THEY ALL FUNCTION TO, YOU KNOW, IN THE THREE DIRECTIONS FROM WHERE WE'RE TRYING TO PULL PEOPLE UP AND THE MULTIPLE SIGNS ON ON THE EAST FACE FACING MINK, YOU KNOW, SO THAT WE DIDN'T END UP, YOU KNOW, ASKING FOR A LARGE, GARISH SIGN. YEAH, BUT THE FRONT ENTRANCE IS NON-COMPLIANT BECAUSE THERE'S TWO SIGNS. THE SIGNS THEMSELVES ARE COMPLIANT. IT'S THE IT'S THE NUMBER OF THEM. BECAUSE WE ONLY HAVE TWO FRONTAGES. WE'RE ONLY ALLOWED TWO SIGNS. ROAD SIGNS.

THAT IS WHAT'S. WHAT'S THE SQUARE FOOTAGE OF THE SPEEDWAY SIGN? THAT'S A GOOD QUESTION.

31.1, I BELIEVE IS CORRECT. 25FT■!S. 25. THE LOGO IS 31.11. YEAH. THAT'S GOOD. THAT'S. SO.

SO YOU SAID IT'S 31 PLUS 25. THAT'S 56, RIGHT? TO. THEY'RE OUT OF COMPLIANCE TO. CORRECT.

YEAH. OKAY. I DON'T HAVE A PROBLEM WITH SIGNS ON THOSE THREE FACES PER SE BECAUSE YOU'VE GOT YOU DON'T HAVE A RIGHT OF WAY. BUT YOU CERTAINLY HAVE A LOT OF FOLKS THERE.

[00:45:03]

SO IF THOSE TWO COMBINED WERE 50. WOULD BE OKAY. YEAH YEAH YEAH. MOVE TOGETHER OR SEPARATE.

RIGHT. SEPARATE. STAND. SEPARATE. RIGHT. SEPARATE. OH. I'M SORRY. WE MISUNDERSTOOD.

COMBINED. COMBINED. THOUGHT YOU'D HAVE THE LOGO NEXT TO THE AGGREGATE SQUARE FOOTAGE OF THOSE TWO SIGNS. OH, THAT'S ABOUT 50 ON, YOU KNOW, MAX SIGN AREA ON A FACE. RIGHT. OKAY. OR IF A SIGN IS ALLOWED TO BE 50 AND WE'RE SPLITTING THOSE UP, THE ACCUMULATED TOTAL OF THOSE TWO AT 50. WOULD THAT BE ACCEPTABLE. SO OUR PROBLEM WAS WHEN WE WENT FROM THREE SIGNS TO FOUR. YEAH. GOTCHA. OKAY. AT THREE SIGNS WE'RE TALKING ABOUT. OKAY. THERE'S ONE FOR EVERY FACE. RIGHT. THAT MAKES SENSE. AND THEN WE'RE TALKING HOW BIG IS THE FRONT SIGN AS A SINGLE SIGN. GOTCHA. AND YOU SAID COMBINED. AND SO MENTALLY EVERY ONE OF US WOULD LIKE THAT AND PUT THE TWO TOGETHER AND SAID GROW, CHANGE A LITTLE BIT IN SIZE. YOU CAN STILL BRING IT UNDER 50 BECAUSE YOU'VE GOT ROOM TO GET SQUARE FOOTAGE TO SPARE, AND YOU'D HAVE A COMBINED SIGN OF 50FT AND WE'D ALL SAY YES. SORT OF WHAT I THOUGHT I WAS HEARING FROM THIS SIDE. CAN'T YOU JUST GROW THE SPEEDWAY SIGN AND DITCH THE ONE ON THE LEFT? NOT ACCORDING TO OUR CLIENT.

THEY HAVE RULES ON HOW THEY'RE THEIR INTELLECTUAL PROPERTY, INCLUDING TRADEMARKS, GETS USED.

AND SO THEY DON'T DARE MODIFY IT MUCH. I THINK YOU'RE GOING TO HAVE TROUBLE GETTING APPROVAL WITH TWO SIGNS UP. HERE IS WHAT I'M. WHAT I'M HEARING. YEAH. ON THAT FACE. SO THREE SIGNS AT 50FT AND AS SINGLE SIGNS IS OKAY. SO EACH THE EAST, SOUTH AND WEST COULD HAVE UP TO 50FT FRONT REAR AND LEFT SIDE AS LABELED HERE. YES. COULD EACH HAVE A SIGN? OKAY. SO THAT TAKES CARE OF. SO WHERE ARE WE ON. WE JUST WANT TO MAKE THAT SUBJECT TO STAFF APPROVAL. IF WE SAY WE'RE OKAY WITH THREE SIGNS AND THREE SIGNS, NOT NONE OF THEM LARGER THAN 50 AND SUBJECT TO STAFF APPROVAL AND WHAT THEY. OKAY. SO WE'RE WE'RE. WE'RE AGREEING WITH THE STAFF'S RECOMMENDATION THAT THERE WILL ONLY BE ONE SIGN ON THEM. ROAD PHASE THE FRONT. YEAH. OKAY.

JUST WANT TO MAKE SURE I WAS OKAY TOGETHER. I JUST DON'T KNOW WHY THEY CAN'T COMBINE THOSE.

IT'S. I JUST DON'T KNOW. DOES SPEEDWAY NOT HAVE SORT OF A DIFFERENT TYPE OF SIGN THAT WOULD COMBINE THIS INSIGNIA WITH THE SPEEDWAY? WORDS THAT WOULD FIT THERE. IT'S STILL TWO, BUT THEY'RE CLUSTERED TOGETHER. IT'S THE MOVING S. AND THEN IT HAS THE SPEEDWAY INDIVIDUAL LETTERS BENEATH IT. SO IT WOULD BE IS THAT 50. DOES THAT WORK AS FAR. DO THOSE IF THEY'RE TOGETHER, IF THEY'RE GROUPED TOGETHER AND STACKED, IS THAT CONSIDERED A SIGN? IF THEY'RE WITHIN A 50 SQUARE FOOT MEASURED AREA? NOT IF THEY'RE NOT ATTACHED, UNFORTUNATELY, JUST BECAUSE OF THE STRICT RULES IN OUR CODE. BUT I THINK STAFF WOULD FEEL BETTER ABOUT WHAT YOU GUYS ARE DESCRIBING. ONE SIGN SCALED DOWN TO 50FT■!S. IT WOULD STILL BE A VARIANCE OR TWO, SO THEY'D HAVE THREE SIGNS INSTEAD OF WHAT WE'RE GIVING THEM A VARIANCE HERE, I GUESS, TO WHAT YOU WERE SAYING, HANS, WE COULD BUT THAT WOULD BE THAT WOULD NOT BE. THAT WOULD BE TWO SIGNS. SO IT WOULD STILL BE TWO SIGNS. AS YOU POINTED OUT, CARTER, WITHIN THE 50FT■!S. BUT IT'S STILL TWO SIG, RIGHT? SO WHAT IT WOULD END UP BEING, I WOULD IMAGINE, IS MORE LIKE THE DIRECTIONAL SIGNS, WHERE IT WOULD BE A CABINET TYPE SIGN THAT HAS THE MOVING S AND SPEEDWAY ON IT. I MEAN, I IT STRIKES ME AS A LITTLE BIT. I'M NOT I CAN'T THINK OF THE RIGHT WORD. I MEAN, IF SPEEDWAY HAD A SIGN THAT WAS 50FT■!S, THAT HAD THEIR INSIGNIA AND THE WORDS NEXT TO IT IN ONE SIGN, WE SAY,

[00:50:02]

YES. OKAY. SO THAT SOMEONE COMES SOMEWHERE ON THE SIGNS. WELCOME OR NO WELCOME. THE COMMISSION MEMBERS. WHAT'S THAT? CANOPY. GET BACK! WE'RE GETTING BACK TO FINAL PLANNING CONDITION EIGHT.

ABOUT REMOVING THE WELCOME FROM THE CANOPY. WHAT ELSE WOULD YOU PUT ON THE CANOPY IF IT DIDN'T SAY WELCOME? NO. ALL RIGHT. JUST HAVE SOME TYPE OF COLOR. IT'S A PRE-FINISHED METAL CANOPY, SO METAL JUST KEEPS THE RAIN OFF PEOPLE. YEAH. I DON'T THINK IT NEEDS TO SAY WELCOME TO YOU GUYS. I MEAN, DAVE'S POINT ON THE BACKSIDE, THERE'S ONLY ONE DOOR TO. I AGREE WITH YOU. I THINK IT'S CONDITION EIGHT IS THAT WE REMOVE WELCOME FROM THE SIGNS. AND YOU CANNOT USE VINYL FOR THE SIGNS. YEAH. OKAY. OOPS. SORRY ABOUT THAT. THAT'S OKAY. GOES. SO WHERE ARE WE? ON CONDITION. SORRY. SO? SO REMOVE WELCOME FROM THE CANOPY SIGN. DO NOT USE VINYL AS IT IS NOT APPROVED. CARTER SAID IT WOULD BE METAL. IT WOULD BE CUT ALUMINUM. OKAY. SO WE'RE BASICALLY IGNORING THEM OR TAKING THE POSITION THAT WE DON'T THINK THAT WOULD BE EXCESSIVE SIGNAGE. I THOUGHT WE JUST SAID WE REMOVED THE WORD WELCOME. SO WE TOOK THE POSITION THAT IT IS EXCESSIVE. IS THAT CORRECT? YEAH. I THOUGHT WE WERE SAYING WE'RE REMOVING WELCOME NO VINYL, BUT WHICH IMPLIED TO ME THAT AS LONG AS IT WASN'T VINYL, IT PUT THE SIGN UP. OH, THAT'S KIND OF WHAT I HEARD, BUT I'M NOT. THAT'S WHY I THINK WE NEED TO GET ON THE SAME PAGE. MY UNDERSTANDING IS IF IT'S NOT VINYL, THEN IT'S UNDER THE CANOPY CRITERIA, AND THEN THAT'S A SEPARATE EVALUATION. RIGHT. BUT THE RECOMMENDATION FROM STAFF IS THAT THERE BE NO SIGN AT ALL. THERE. RIGHT. SO I RECOMMEND RECOMMENDATION WOULD BE TO JUST MODIFY THE CONDITION TO SAY THERE'S NO CANOPY SIGNS. NO CANOPY SIGNS. OKAY. OKAY. SO THAT'S BASICALLY WHAT NO CANOPY.

THAT'S BASICALLY WHAT IT SAYS. YEAH. THAT'S BASICALLY WHAT THE CURRENT CONDITION SAYS. RIGHT.

THE SECOND CLAUSE OF THAT SIMPLY EXPLAINING THE REASON FOR THERE BEING NO WELCOME SIGN. THEY'RE DIFFERENT. IS IT STILL CONSIDERED A SIGN IF THERE'S NO WORDS ON IT? IT'S GONNA BE A SIGN. YEP. SORRY. OUR CODE HAS A PRETTY BROAD DEFINITION FOR WHAT CONSTITUTES A SIGN. ESSENTIALLY, I'M GOING TO BOTCH THIS, BUT ANYTHING THAT'S DRAWING ATTENTION TO A PLACE OF BUSINESS, LIKE COMING TO A CONVENIENCE STORE AND BUY THE LITTLE ROLLER HOT DOGS. ANYTHING THAT INDICATES TO PEOPLE THAT YOU CAN COME IN HERE AND PURCHASE THINGS, THAT'S CONSIDERED A SIGN. SO IS STAFF NOT WANTING A CANOPY AT ALL? IDEALLY, YEAH. AGAIN, I THINK JUST LOOKING AT THE BUILDING AS A WHOLE, WE FELT THAT IT WAS OVERSIZE. RIGHT. THE WELCOME SIGN SEEMED TO BE A LITTLE BIT REDUNDANT BECAUSE WE KNOW WHERE THE ENTRANCES ARE. OH. I'M SORRY. THE CANOPY ITSELF. RIGHT? YES. I APOLOGIZE. YES. YOU'RE GOOD WITH THE CAMERA? GOOD WITH THE CANOPY. I'M SO SORRY. IT'S FINE. I'M SORRY. SIERRA. SIERRA DID THIS ONE. SHE'S IN ENGLAND RIGHT NOW. I'M GOING TO TELL HER SHE'S NEVER GOING BACK TO ENGLAND. BUT YES, WE'RE FINE WITH CANOPIES. CANOPIES? SO YOU'RE OKAY WITH AN ALUMINUM CANOPY THAT HAS NO WORDS ON IT? CORRECT. THAT'S. AND THAT'S THAT'S WHAT IT SAYS. OKAY. ALL RIGHT. THAT'S MY PICTURE. OKAY.

[00:55:08]

OKAY. OKAY. I JUST WANTED TO BE CLEAR. SO THAT'S IF THERE'S IF THERE'S RUNOFF, IT'S GOING TO GO INTO THE DRY BASIN. IF IT'S IF IT'S WET. IS THAT THE IDEA? I'M SORRY. I DIDN'T HEAR IT. IF THERE IS SOME RUNOFF THAT'S NEEDED TO BE TAKEN CARE OF, IT GOES INTO THE DRY BASIN AND THEN IT BECOMES A WET BASIN, I ASSUME. IT'S THERE'S NO IT WOULD BE WET FOR A FEW HOURS. OKAY.

BUT NOT TOO LONG. IT'S NOT BIG ENOUGH TO PUT A PROPER WET BASIN IN. AND YOU HAVE TO HAVE CERTAIN WIDTH AND DEPTH. SO IT'S NOT GOING TO CREATE. YOU DON'T THINK THIS AREA IS GOING TO CREATE A LOT OF RUNOFF? NO. ALL RIGHT. THANK YOU. WE DECIDE ON ON CANOPY SIGNAGE AND YES, THE CANOPIES ON THE BUILDING. THE DIESEL CANOPY HAS SOME INFORMATION ON IT AS WELL. THAT THAT WASN'T PULLED UP. AND IT'S SPECIFIC TO THE SEMIS KNOWING, YOU KNOW ALL FOUR OF THESE STATIONS ARE DIESEL. AND ON THE NORTH SIDE, THE EXIT SIDE, IT'S VERY CLEAR THAT NOBODY'S TO GO NORTH TO SOUTH INTO THAT CANOPY. SO THAT'S MORE DIRECTIONAL IN NATURE. FROM THE STANDPOINT OF MANAGING THE FLOW OF THE TRUCKS. OKAY. SO FOR US CONDITION EIGHT IS RELATIVE TO BUILDING CANOPY.

ONLY. YEAH. AND THAT WAS OUR INTENT AS WELL. APOLOGIES, CHRIS. I ALSO HAD A QUESTION ABOUT IT'S IN THE LIGHTING SECTION NUMBER FOUR TALKING ABOUT THE INTERNAL SIGNAGE. DO NOT ENTER FOR SEMI TRUCKS. SOME SIGNAGE ON REAR CANOPY. BUT THEN IT SAYS THESE SIGNS ARE UNREGULATED AND ARE NOT EVALUATED UNDER THE STAFF REPORT. WHAT DOES IT MEAN BY BEING UNREGULATED? IT HAS MORE TO DO WITH THE LOCATION ON SITE, I BELIEVE. IF WE CAN PULL UP A SITE PLAN, I CAN GET YOU THOSE OFF. YEAH, THAT'S THAT'S CORRECT. AND THIS IS HOW WE'VE HANDLED MCDONALD'S IS PROBABLY THE MOST RECENT EXAMPLE OF WHERE THERE'S SIGNS THAT DON'T TYPICALLY FIT WITHIN THE PROTOTYPICAL DEFINITION. TECHNICALLY, THE WAY WE'VE INTERPRETED OUR SIGN CODE IS THAT IF YOU CAN'T SEE IT FROM OFF SITE OR IF IT'S DIRECTED INWARDS LIKE INTERIOR TO THE SITE, THEN WE'VE NOT USED OUR SIGN CODE REGULATIONS OR WE HAVE NOT REGULATED THOSE WITH OUR SIGN CODE STANDARDS. SO THAT'S, THAT'S THAT WAS THE INTENT OF THAT COMMENT IN THERE. THIS IS SIMILAR TO MCDONALD'S. WE RAN INTO THIS A LOT WITH MCDONALD'S RECENTLY. NO I GET THAT BECAUSE THEY'RE JUST LITTLE SIGNS WITH LITTLE ARROWS. BUT I MEAN, COULD THEY PUT A BIG NEON SIGN IN THERE WITH BLINKS AND SAY, DON'T GO HERE, DON'T GO HERE? THAT'S E UNREGULATED PART OF THIS. GOTCHA. YEAH. AND THAT'S I THINK THAT'S WHY WE ALWAYS CALL IT OUT. AND WE IF THAT WERE THE CASE, WE WOULD FLAG THAT AND EVALUATE THAT TYPICALLY IN OUR STAFF REPORTS. BUT IN THIS, THAT OBVIOUSLY THOSE PARTICULAR SIGNS ARE CONSISTENT WITH THE OTHER DIRECTIONAL SIGNS ASKING FOR FIVE FEET. SO WE HAVE YOUR YOUR AGREEING THAT YOU'RE NOT GOING TO PUT ANY NEON FLASHING SIGNS. YEAH. OKAY. ALL RIGHT. AS LONG AS WE'VE GOT YOU ON THE RECORD HERE AT THE MEETING THAT WE'RE NOT GOING TO SEE THAT DOWN THE ROAD. I'M I'M COMFORTABLE WITH THAT. YEAH. AND A COUPLE BEFORE WE GET TO THE OTHER ITEMS, LIKE ITEMS ONE AND TWO, THE POINT ABOUT NOBODY BEING ABLE TO PARK THEIR SEMI THERE OVERNIGHT. WHAT, JUST BECAUSE YOU HAVE A SIGN PROBABLY. I MEAN, PEOPLE OBVIOUSLY IGNORE SIGNS ALL THE TIME BUT WHAT'S WHAT'S THE STRATEGY IF YOU HAVE THAT HAPPEN. WE DON'T WANT THE OVERNIGHT PARKING EITHER. AND FROM A STAFFING AND OPERATIONAL STANDPOINT, YOU KNOW, IN ADDITION TO THE SIGNAGE, WE'RE NOT GOING TO ALLOW THAT TO HAPPEN. SO WHAT HAPPENS YOU GO OUT AND SAY YOU GOT TO GOT TO GET OUT. YEAH. AND REALLY THERE AREN'T ANY SIGNIFICANT LOCATIONS FOR TRUCKS TO ACTUALLY, YOU KNOW, NEST IN ANYWHERE. AND TAKE UP THAT TAKE UP THAT SPACE. IT'S A SEMI STANDPOINT. IT'S PRETTY CLEAN CIRCULATION BACK HERE. THAT'S GOOD. THANK YOU. ARE WE BACK TO ONE AND TWO THEN. I WAS

[01:00:06]

YEAH IT'S A ZONING. WHAT BOTHERED ME WAS THE LANGUAGE IN THE STAFF REPORT THAT SAID, WE'RE GOING TO ASK THE OPERATOR TO ENFORCE THAT REQUIREMENT. AND THAT STRUCK ME AS MAYBE NOT ENOUGH ENFORCEMENT MECHANISM, BUT IF IT'S IN THE ZONING TEXT ALREADY, THEN WE HAVE AN ENFORCEMENT MECHANISM, RIGHT? SO ON THE ONE, TWO AND THREE. YEAH, IT'S THREE PART. ARE YOU DID YOU SAY YOU'RE OKAY WITH THREE. THE RECESSION OF THE. OH YES. OH YEAH. SORRY. YEAH. SO IT'S REALLY JUST THREE WAS OKAY. YEAH. WE'LL PUSH THE AND PULLING SOLDIER COURSES. THERE'S QUITE A BIT OF DETAILING IN THE BACK. YEP. OKAY. THANK YOU. OKAY. SO 30 VERSES, 35FT. I PERSONALLY DON'T HAVE AN ISSUE WITH 35FT. I DON'T KNOW THAT FIVE FEET MAKES A BIG DEAL TO A PEDESTRIAN, BUT.

I'M NOT SURE EVERYBODY ELSE FEELS. ALL RIGHT. DO WE HAVE A CONDITIONS? WELL, I THINK I THINK WE'RE DOING ONE AND TWO, ONE AND TWO. WE NEED TO COME TO SOME KIND OF TERMS. CARTER WITH WITH A 35FT. IS THAT A THAT'S A HARD. WE REALLY WANT 35FT. IT IS. YES. OKAY. OKAY. DOES ANYBODY HAVE A HUGE. IS THERE CODE REQUIREMENTS OR. THIS IS A PREFERENCE. APOLOGIES. WHAT WAS THE WHAT WAS THE 30 VERSUS 35FT. IT IS NOT A REQUIREMENT. IT'S A RECOMMENDATION. YEAH. IT'S THE LET'S NOT PAVE THE ENTIRE WORLD. RIGHT, RIGHT. GET THAT. THAT DOESN'T BOTHER ME. YEAH. THE SAFETY IS A COMPELLING ARGUMENT, PARTICULARLY FOR FOLKS WHO HAVE TO EAT THE LAWSUIT. WHEN SOMEONE SAYS WE GOT HERE. YEAH. SO IS EVERYBODY OKAY WITH 35? I THINK SO. I'M FINE. ALL RIGHT. DAVID, ARE YOU OKAY WITH 35? YEAH. THAT'S FINE. OKAY. THANK YOU. BRICK COLOR. DID YOU BRING A SAMPLE TO SHOW? I DID NOT BRING SOME SAMPLE. I'D BE HAPPY TO BRING ONE BACK TO YOU, THOUGH.

IT'S HARD TO MAKE A DECISION WITHOUT SEEING HOW BLACK. BLACK IS THE. WELL, THERE'S A PICTURE IN THE PACKAGE IF WE CAN GO TO THAT. I SPECIFICALLY SELECTED A BRICK THAT WASN'T WIRE CUT.

DOESN'T HAVE A SMOOTH FACE. IT IS SOMETHING THAT DOES HAVE THAT, YOU KNOW, MORE TUMBLED AND SOFT CHARACTER TO IT. YOU KNOW, SO IT'S NOT A IT'S NOT A REAL AGGRESSIVE, MODERN BRICK, YOU KNOW. AND IT'S GOING BACK TO THE NEW ALBANY BALLET PROJECT. IT'S SIMILAR TO THAT. YES, IT'S A DIFFERENCE IN COLOR. BUT AS FAR AS THE CHARACTER OF THE BRICK AND THE AND THE TEXTURE OF IT AND THE VISUALS, YOU KNOW, THE VISUAL SOFTNESS OF IT, IT'S CONSISTENT WITH OTHER BRICK HERE IN NEW ALBANY. THE HANDMADE BRICK THAT WE USED TO HEAR ALL THE TIME, THE ONE THAT WE USED TO HEAR HANDMADE BRICK ALL THE TIME UNTIL PEOPLE FOUND OUT JUST HOW MUCH THERE WAS A WHOLE LEARNING CURVE ON THE HANDMADE BRICK. RIGHT? THIS IS THE SAND MOLD BRICK. OKAY. BUT THE APPEARANCE OF. RIGHT. OKAY. AND I KNOW WE REFERENCED AXON, BUT AXON WAS REALLY JUST AN ACCENT AROUND THE ENTRANCE. IT WASN'T. AT LEAST FROM THE PICTURES I SAW. IT WASN'T EXTENSIVE ON THE FACADE. WHAT WAS IT? AXIOM, I THINK, IS THE OH AXIOM. SO I DON'T BELIEVE THEY EVEN HAVE BRICK. IT'S PANELED. IT'S METAL PANELS AND WOOD, BUT THE COLORING OF IT, THE COLORING OF IT IS, IS BLACK AND GRAY. AND THEN THE WOOD, SIMILAR TO WHAT WE HAVE SO MUCH FROM A COLOR TONE STANDPOINT. THERE'S A PICTURE IN HERE. MAYBE YOU CAN SHOW THAT ON. I'M NOT SURE WHAT THIS IS, BUT SIMILAR TO THE LETTERS. YEAH. IT'S IN THE ARCHITECTURAL JUSTIFICATION. OR DO WE HAVE THAT AVAILABLE? YES. BECAUSE IT APPEARS TO BE. I DON'T KNOW IF THE SIDES OF THE BUILDING ARE MORE GRAY AND THE BLACK IS MORE ON THE MORE EXPENSIVE. IT'S AN ACCENT VERSUS LIKE A MAIN BODY. THAT'S OKAY. WHERE I THINK IT'S NOT THE SAME. YEAH. YEAH. GO AHEAD AND SHOW

[01:05:05]

RIGHT. AND THEN. YEAH. SO THERE'S AN OPPORTUNITY TO RECONSIDER. BUT THERE'S CERTAIN STANDARDS THAT HAVE TO BE MET, SUCH AS NEW MATERIAL. YEAH, EXACTLY. AND I DON'T KNOW THAT THE ABILITY TO PRESENT NEW EVIDENCE QUALIFIES. ALL RIGHT. I'M ON THE FENCE ON THE BLACK BRICK THAT IT WORRIES ME, BUT I'M NOT MARRIED TO GEORGIAN BRICK. WHAT WAS YOUR PROBLEM? YOU KNOW, WHICH WE SAW A LOT OF THROUGHOUT NEW ALBANY. THAT GEORGIAN BRICK. WHAT WAS THE QUESTION WAS, YOU KNOW, THAT WAS THE ANSWER WE GOT. YOU KNOW, THE BALLET BUILDING LOOKS GOOD. SO WE COULD SEE OTHER THINGS HERE. PARDON ME. JUST BRING ME SOME BRICK. YOU KNOW, OR A BETTER RENDERING. WELL, I WOULD LOVE TO. HOW DOES THIS COLOR WORK WITHIN? LIKE THE ENGAGE NEW ALBANY STRATEGIC PLAN OR DESIGN GUIDELINES, LIKE OUR COLOR SPECIFIED IN THOSE? PROBABLY GENERALLY JUST. YOU KNOW, THERE'S THERE IS A REQUIREMENT ABOUT JUST USING HISTORICAL COLOR PALETTE. YOU KNOW, THE HISTORICAL COLOR PALETTE. I MEAN, OUR CITY ARCHITECT, DID, YOU KNOW, JUST FOR THE, YOU KNOW, USING AXIOM AS AN EXAMPLE, IS PROBABLY CANDIDLY INAPPROPRIATE, IN OUR OPINION, JUST BECAUSE IT'S A COMPLETELY DIFFERENT TYPE OF BUILDING. IT'S NOT IT'S NOT RIGHT. ALSO, OUR CODE DOES GIVE A LOT MORE FLEXIBILITY FOR COMMERCIAL USES.

THE OTHER POINT, I THINK TO YOUR POINT, WE'RE NOT DRIVING. WE'RE NOT DRIVING THROUGH LAMBTON PARK WHERE EVERY HOUSE IS A BRICK HOUSE. WE'RE DRIVING THROUGH, YOU KNOW, THE MINK ROAD AREA.

I'M SORRY. NO, I WAS JUST WONDERING, WERE YOU DONE ANSWERING THE QUESTION? I THINK SO. OH, OKAY. BECAUSE I WASN'T SURE I GOT THE ANSWER. SO IS IT IS THIS REQUIRED BY. THERE'S.

THERE'S SOMETHING THAT SPEAKS TO THIS IN THE, IN THE CODE THAT SAYS IT NEEDS TO BE THE COLOR PALETTE. WHAT THAT IS, IS, YOU KNOW, LOOKING AT THE HISTORICAL COLOR PALETTE IS, IS BLACK AT ALL PART OF THE HISTORICAL COLOR PALETTE? I'M SURE THERE IS A BLACK AND A SHERWIN WILLIAMS HISTORICAL COLOR PALETTE, BUT JUST GIVEN THE CHARACTER OF THE BUILDING, THE CITY ARCHITECT DIDN'T THINK IT WAS APPROPRIATE. OKAY, THERE'S AN ORDINANCE FOR THIS PARTICULAR PROPERTY, TOO, THAT SPEAKS TO ENCOURAGING CONTEMPORARY ARCHITECTURE, AND IT DOESN'T GET INTO COLORS. WHAT ORDINANCE IS THAT? IT'S WHEN THIS PARTICULAR AREA WAS WAS ZONED. IT'S THE PED. THE PED. DO YOU HAVE THE LANGUAGE OF THE PED? I WOULD LOVE TO SEE THAT. I DON'T HAVE IT WITH ME. YOU DON'T HAVE IT WITH YOU? OKAY. DO YOU HAVE ACCESS TO IT? I CAN PULL IT UP. AND AGAIN, IT'S PROBABLY VERY SIMILAR LANGUAGE TO ALL THE OTHER RETAIL SITES THAT WE HAVE IN ALBANY. SO I JUST I LOOK IT UP, I JUST DON'T THINK THAT IT WOULD NECESSARILY THAT SPECIFIC LANGUAGE AT THIS SPECIFIC SITE WOULD CHANGE OUR CITY ARCHITECTURE. GOT IT. SO THE COLOR IS THE COLOR STYLE. IT DOES MENTION HER CONTEMPORARY ARCHITECTURE. IT'S A GREAT ARCHITECTURE, BUT NOT NECESSARILY COLOR. CORRECT. DIVORCING THOSE 2ND MAY BE HARD. I'M NOT AN ARCHITECT, BUT I IN

[01:10:07]

VISIBLE. YEAH. SO THAT'S KIND OF ALSO DRIVING SORT OF MY POSITION AS TO WHY I WOULD SORT OF BACK UP. STAFF ON THAT, THAT YOU CAN YOU CAN SEE THOSE BETTER. YEAH. THESE FEATURES. THAT'S TRUE.

THAT DOES LOOK A LITTLE DIFFERENT BUT STILL. CAN WE GET THOSE. I DON'T REMEMBER SEEING THAT. SO MAYBE WE DO. BUT I JUST WANT TO SAY REAL QUICK AGAIN THAT PART OF THE REASON FOR MY SUPPORT OF THE OF THE BLACK BRICK IS THE CONSISTENCY TO. YEAH, I DON'T SEE IT ACTUALLY, FROM A COLOR PERSPECTIVE TO THE AXIOM BUILDING. BUT THAT'S THE THAT'S THE FRONT OF MEXICO.

YEAH. WELL, THE PERSON THAT GAVE YOU THIS. YEAH. SO IT'S THIS, IT'S THIS. YEAH. IT'S THAT FACE THERE. SO THAT'S JUST I STILL STICK BY MY POINT, BUT THANK YOU FOR THAT. YEAH. BROWN IS EASY TO DEAL WITH. YOU GUYS SEE THAT THAT DETAILING IS CONSISTENT FOUR SIDED. THE ONLY AREA THAT CHANGES IS THAT SOUTHEAST CORNER WHERE IT'S WHICH IS THE THERMALLY MODIFIED WOOD RIGHT THERE. WHICH IS OUR FIVE. OH, I DIDN'T GO DEEP ENOUGH. THERE WE GO. THAT. I MEAN, I'M PART OF ME IS LIKE, I'M AFRAID OF SETTING A PRECEDENT AND THEN HAVING A THREE STORY HOTEL COME TWO LOTS DOWN AND YOU HAVE THIS MASSIVE BLACK BOX. YEAH. I MEAN, WE'RE SETTING SOMETHING IN PERPETUAL MOTION, RIGHT? RIGHT. I MEAN, IT'S THESE ARE ALL THE SAME CONVERSATIONS WE HAD ON THAT BUILDING. I HAVEN'T SEEN A WHOLE LOT OR ANYTHING REALLY POP UP, YOU KNOW, WANTING TO DO THAT AGAIN. BUT I THINK THAT'S BEEN A WELL LIKED AND SUCCESSFUL RESULT. I JUST I JUST WANT TO SAY QUICKLY AGAIN, BECAUSE I THINK PEOPLE WERE DELIBERATING PART OF THE MY THOUGHT PROCESS ON. LIKING OR BEING OKAY WITH THE BLACK BRICK IS IT'S CONSISTENT WITH THE AXIOM BUILDING, EVEN THOUGH THE MATERIAL IS DIFFERENT, THE COLORS ARE SIMILAR. IF THE AXIOM BUILDING WAS WHITE, I WOULD FEEL VERY DIFFERENTLY ABOUT IT. YEAH, MY PERSPECTIVE IS AXIOM GOT 20%, 15% OF ITS BLACK AND THIS IS 80% BLACK. AND THAT'S WHERE I LOOK AT IT DIFFERENTLY, RIGHT. I DON'T KNOW OPPOSED TO BLACK AS AN ACCENT ON THE BUILDING. I'M OPPOSED TO IT AS A PRIMARY COLOR. RIGHT. SO SOMETHING ELSE THAT WE COULD EXPLORE, AND WE'RE SHOWING MORE OF A GRAY MORTAR THERE. WE COULD WE COULD GO LIGHT WITH THE MORTAR, WHICH IS 15% OF ANY BRICK WALL, WHICH WOULD CERTAINLY LIGHTEN THINGS UP. AND AGAIN, THAT BLACK BRICK IS REALLY A RED THAT HAS JUST A FLASHED SURFACE ON IT. SO IT'S NOT HOW LONG DOES IT TAKE TO WEAR? HOW LONG DOES THAT TAKE TO WEAR IN, SO TO SPEAK, TILL WE START SEEING RED? I WOULD SAY, WELL, THE BALLET BUILDING, IT WAS MUCH MORE WHITE. AND WITHIN TWO YEARS SOME OF THE RED WAS WAS BEGINNING TO ROSE THROUGH ON IT. SO I WOULD SAY TWO YEARS, YOU KNOW, TWO, TWO FULL FOUR CYCLE YEARS. CARTER, ARE THERE ANY OTHER. I DON'T THINK I'VE SEEN ANY OTHER SPEEDWAY BUILDINGS WITH, WITH THIS DESIGN. AM I? THAT'S SURELY FOR YOU. OKAY. SO THERE'S NO OTHER SPEEDWAY WITH BLACK, LIKE WITH THE COLOR PALETTE? THEY DO. THEY DO HAVE BLACK BRICK ON SOME OF THEIR OTHER BUILDINGS THAT I'VE SEEN RECENTLY, BUT NOT AROUND HERE. OKAY. AND NOT TO THIS EXTENT, MAYBE. DEFINITELY NOT

[01:15:01]

THAT'S ALL I KNOW. BECAUSE WE'RE ON CONDITIONAL. YEAH. WE GOT TO GO THROUGH THE OTHERS. SO YOU DON'T HAVE TO ANSWER THIS. DO YOU HAVE A SECOND FAVORITE COLOR FOR THE BRICK? CHARCOAL. ALL RIGHT. OKAY. IS DOES THE DOES SWITCHING TO A LIGHTER MORTAR DO IT. I DON'T HAVE TO BREAK. NO, I'M NOT SEEING A BREAK, MAN. I CAN'T TELL WITHOUT SOME SORT OF PHYSICAL VIEW OF IT. OKAY. I GUESS, CARTER, IF YOU DID COME BACK, WE DON'T. WE WOULDN'T HAVE TO BEAT EVERYTHING WE BEAT TONIGHT. I MEAN, IT WOULD JUST GO RIGHT IF I'M ABOUT TO ASK STAFF AND PURELY LEGAL. IS THERE A WAY FOR US TO SAY THAT? YES. TO EVERYTHING BUT THE BRICK AND THE APPROVAL RIDES ON BRICK AT A FUTURE MEETING, SO THAT THE ITEM OF THE AGENDA IS COME UP WITH A BRICK THAT WE CAN APPROVE AS A CONDITION AND BRICK COLOR TO BE APPROVED LATER. THAT WOULD BE IDEAL. OKAY. WHAT YOU'RE SUGGESTING IS IF WE DO HAVE ANOTHER MEETING, THAT WE NOT HAVE A TWO HOUR MEETING OR GO OVER ALL THIS, CORRECT? YEAH. WE LOOK AT THREE BRICKS OR ONE BRICK OR, OR SOMETHING, AND THEN WE SAY, OH, OKAY. WHEN YOU PUT REAL LIGHT ON THOSE, YOU PUT, YOU KNOW, THIS IS A DAYLIGHT LEVEL LIGHT AND THE BRICK TURNS ALMOST GRAY AND YOU CAN SEE THE DETAIL. COULD YOU CONDITION ON STAFF APPROVAL. AND THEN I COME BACK AND GET YOUR BLESSING WHICH WOULD DIRECT STAFF. THAT'S THAT IS MY QUESTION BEFORE STAFF. CAN WE DO THAT. I THINK GO AHEAD. SO I THINK ONE OF THE THINGS WE CAN DO TONIGHT IS GENERALLY GET ALL THE OTHER CONDITIONS AND VARIANCES SQUARED AWAY, AND THEN JUST TABLE IT PENDING COMING BACK IF THEY WANT TO BRING THE BRICK. AND THEN YOU CAN PRINT THE PRESENT THE BRICK AND ADDRESS THAT VARIANCE. THEN YOU CAN MAKE THE MOTION INCORPORATING EVERYTHING NEXT TIME AROUND. AND BEN WHAT'S THE TIMING ON THAT. IS IT 60 DAYS FOR THEM TO COME BACK. THEY CAN TABLE FOR THE NEXT MEETING IF THEY WANT TO. OKAY. SO THEY CAN COME BACK IN TWO WEEKS. SO WE CAN HAVE THE DISCUSSION NOW BEFORE WE MAKE ANY MOTION OR VOTE. JUST TABLE IT WHERE THE DISCUSSION IS AND JUST PICK BACK UP EFFECTIVELY WHERE WE LEFT OFF. SO TABLING IS A PREFERRED MECHANISM FROM FROM YOU GUYS. EXACTLY. GOT IT. OKAY. IN TWO WEEKS OF THE NEXT MONTH IT HAS TO BE IN THE NEXT REGULARLY SCHEDULED MEETING. JUST BECAUSE DEADLINES AND GETTING THINGS OUT. YEAH, WE'RE ALREADY RUNNING AGAINST IT. SO CAN YOU BRING US BACK IN A MONTH? YES. OKAY. OKAY. ALL RIGHT. SO LET US DO THE HOUSEKEEPING SO THAT STAFF HAS WHAT WE EXPECT THE MOTIONS TO BE. ALL RIGHT, SO WE EXPECT THE MOTION FOR THIS WHEN WE VOTE. SO WE'RE ABOUT TO TABLE IT. BUT FIRST LET'S GET STUFF IN THE RECORD SO THAT WE'RE ALL ON THE RECORD. I AGREE THAT THIS HAPPENS QUICKLY. LET'S LET'S LET'S GET EVERYTHING NAILED DOWN. LEAVING TWO TO BE DECIDED. ALL RIGHT. SO WE DON'T HAVE TO HAVE THIS DISCUSSION AGAIN RIGHT. IN A MONTH. SO. SO ITEM ONE WE WERE GOOD AT 3535 OKAY. ITEM TWO IS WHAT'S CAUSING THE TABLING. WE NEED TO SEE THE BRICK. AND LET ME KNOW IF I'M GOING TOO FAST. OKAY. ITEM THREE THAT WAS APPROVED OR THAT WAS AGREED BY APPLICANT. AND US 4 OR 5 AND SIX. LIKEWISE BECAUSE IT'S GOT THE IT'S ALREADY FACTORED IN FOR THE LOT. SPLIT SEVEN WAS AGREED EIGHT YOU CAN HAVE A CANOPY. JUST CAN'T HAVE A CANOPY SIGN AND YOU CAN'T HAVE VINYL NINE CHANGES TO SAY DOWNLOADING.

YEAH. IS THERE ANY OTHER LIGHTING IN HERE THAT COULD POTENTIALLY BE UP LIGHTING? LET ME DO A REAL QUICK CHECK. ALL RIGHT. SO I DIDN'T I DIDN'T SEE ANYBODY. ALL RIGHT. BECAUSE OTHERWISE I WAS GONNA MAKE A GENERAL CONDITION. ALL LIGHTING DOWNCAST. OKAY. TEN AS STATED.

11 EASEMENT TO THE NORTH IF SPLIT. OKAY. CROSS ACCESS EASEMENT. CROSS ACCESS EASEMENT.

OKAY. AND THAT WAS IT, RIGHT? BECAUSE I DIDN'T. THAT WAS ALL I'VE GOT. THERE WERE A COUPLE ON THE VARIANCE. YEAH. THE D ONE SIGN THAT THEY WOULD ADD VERBIAGE. YEAH. LET'S SWITCH TO THE VARIANCES NOW. SO ARE WE GOOD ON AM I OVERRUNNING. NOPE. OKAY. SO ON THE VARIANCES VARIANCE A AS A REQUESTED VARIANCE B THREE FACES CAN HAVE A SIGN OF UP TO 50FT SQUARE FEET. AND WE WOULD COUNT A LOGO AND A NAME NEXT TO EACH OTHER REALLY CLOSE AS ONE SIGN FOR THAT PURPOSE. SUBJECT TO STAFF APPROVAL. I THOUGHT THERE WAS ANOTHER ONE. WE TALKED ABOUT THAT THE NO TRUCKS SIGN. SAY NO TRUCKS, BUT THAT WOULD BE SUBJECT. THOSE ARE THE THOSE ARE ON C AND D. ALL RIGHT. BECAUSE THE WALL SIGNS DON'T DO THE NO TRUCKS THING. THAT'S WHY I GOT

[01:20:04]

THAT WAS B, C AND D TO BE APPROVED. WE WANT THE ONE THAT HAD NO ONE OF THEM SAID TRUCKS.

AND THE OTHER ONE HAD TO HAVE A CORRESPONDING GAS CARS, SOMETHING TO SAY TRUCKS. THIS IS NOT WORKING. THESE ARE NOT THE DROIDS YOU'RE LOOKING FOR. CARS ONLY. THAT'S D AND THAT GOES TO C AND D. AND ALSO NOTING FOR THE RECORD FOR THE VARIANCES THAT WERE C AND D ESPECIALLY, THIS IS A 45 MILE AN HOUR ROAD AND ACCESS OR ABILITY TO TURN AROUND IF YOU MISS THE SIGN IS PROBLEMATIC. OKAY, SO THOSE ARE ALL THE RATIONALES FOR WHY THIS DOESN'T APPLY UNIVERSALLY. DID THAT HIT EVERYBODY'S LIST? YES. YES. CAN WE CAN WE APPROVE THE VARIANCES TONIGHT AND THEN JUST TABLE THE MOTION. VARIANCE IS GOING TO RUN WITH THE LAND IF WE DON'T GET THE FDP I DON'T WANT THE VARIANCES. WELL WE COULD MAYBE PUT ANOTHER CONDITION IN THEIR VARIANCE. OF THEIR CONDITION ON THE FDP. I THINK IT'S PROBABLY GOING TO BE CLEANEST. CLEANEST TO JUST DO IT ALL. DO IT ALL. BECAUSE IF ONE FAILS, THEN MAYBE LIKE A HOUSE OF CARDS, OKAY, IT'S JUST THIS IS SO A LITTLE COMPLEX. SO I WAS JUST TRYING. BUT I THINK IF EVERYBODY CAN GO ON THE RECORD THAT THEY'RE GOOD WITH WHERE WE ARE, EXCEPT FOR THE BRICKS, THAT'LL MAKE EVERYTHING MOVE A LOT MORE QUICKLY THAN THE NEXT SESSION. WELL, ARE WE ALLOWED TO SAY WE VOTE ON THAT? I GUESS THE, THE APPLICANT IS COMFORTABLE WITH WHAT HAS BEEN LAID OUT THERE. SO NO SURPRISES FROM US TO YOU. YOU'VE YOU'VE HEARD WHAT WE PLAN TO DO. WE HAVE. YES. OKAY, GOOD. YEAH. AND I MEAN, OUR PREFERENCE WOULD BE THAT WHEN WE SEE YOU IN A MONTH, YOU DON'T COME IN WITH ADDITIONAL ARGUMENTS AS TO WHY WE SHOULD CHANGE THE CONDITIONS. WE'VE ALREADY SPENT TWO HOURS HAMMERING OUT DISCUSSING TONIGHT. SO, YEAH, OBVIOUSLY YOU CAN DO IT. WHAT YOU NEED TO DO, WHAT YOUR CLIENT WANTS YOU TO DO. BUT AS A WE'D APPRECIATE THAT, I THINK. UNDERSTOOD. OKAY.

ANYONE FROM THE PUBLIC HAVE ANY COMMENT BEFORE WE START DOING MOTIONS? SO I MOVE TO ACCEPT THE STAFF REPORTS AND RELATED DOCUMENTS INTO THE RECORD FOR FINAL DEVELOPMENT PLAN THREE 2025. DO I HEAR A SECOND ON THE DOCUMENTS? SECOND. ANY DISCUSSION ON THE DOCUMENTS? MOTION. CALL THE ROLL, PLEASE. MR. KIRBY? YES. MR. SHELL. YES. MR. WALLACE. YES. MISS BRIGGS.

YES. MR. LAWSON. YES. MOTION PASSES WITH ALL VOTES TO ADMIT THE DOCUMENTS. I MOVE TO TABLE FINAL DEVELOPMENT PLAN OH THREE 2025 TO OUR NEXT REGULARLY SCHEDULED MEETING. THAT MAKES CALENDAR, RIGHT? THAT IS. YEP. MARCH 17TH. FOR THE RECORD, I WON'T BE TO CHECK THAT. IS THAT DURING BREAK? WAS THAT THE WEEK AFTER BREAK? IT'S. I THINK IT I, ACTUALLY. OH, IT'S ALSO A HOLIDAY. OKAY, THEN I WILL ACTUALLY MARCH 17TH. RIGHT. I'LL CHECK LATER. ACTUALLY, IT DOES NOT MATTER FOR THE PURPOSE OF TABLING WHETHER OR NOT I'M HERE. SO IT MIGHT ACTUALLY WON'T MATTER. IT MIGHT DEPEND ON THE VOTE. YEAH. I KNOW. SO FINAL VOTE ON PLAN OH THREE TABLE. DO I HEAR A SECOND ON TABLING TO OUR NEXT MEETING? I'LL SECOND. ANY DISCUSSION ON THE MOTION TO TABLE? OKAY. THE ROLL PLEASE. MR. KIRBY? YES, MR. WALLACE? YES. MR. SHELL. YES. MISS BRIGGS. NO. MR. LAWSON. YES. THE MOTION PASSES WITH FOUR VOTES IN FAVOR AND ONE AGAINST. THE MOTION TO TABLE. GO AHEAD WITH THE RATIONALE FOR THE NO. WELL, I JUST THINK WE SHOULD HAVE APPROVED THE ENTIRE PACKAGE TONIGHT. OKAY. FAIR ENOUGH. I MOVE ACCEPTANCE. I MOVE TO ACCEPT THE STAFF REPORT AND RELATED DOCUMENTS IN THE RECORDS FOR THE VARIANCES THAT MATCH THIS VARIANCE FOR 2025. DO I HEAR A SECOND ON THE MOTION FOR THE DOCUMENTS? SECOND. ANY DISCUSSION ON THE DOCUMENTS? MOTION. CAN YOU? THE ROLL, PLEASE, MR. KIRBY? YES. MR. WALLACE. YES, MISS BRIGGS? YES. MR. SHELL. YES. MR. LAWSON. YES. THE MOTION PASSES WITH ALL VOTES TO ADMIT THE DOCUMENTS. I MOVE TO TABLE VARIANCE OH FOUR 2025. JOIN NEXT REGULARLY SCHEDULED MEETING. WE'LL HEAR A SECOND ON THE MOTION TO TABLE. SECOND. AND DISCUSSION ON THE MOTION TO

[01:25:01]

SO IS STAFF READY? LET US RESUME. SO AFTER EVERYONE CHECKED THEIR CALENDAR AND WE VERY CAREFULLY CHECK CALENDARS, WE HAVE TIME TO MAKE THE INFORMAL MEETING ON THE THIRD.

WITH THIS, WE HAVE TIME FROM NOTIFICATION. DO WE HAVE THE APPLICANTS BACK YET? OH, THERE WE ARE. SO A QUESTION FOR THE APPLICANT. COMING BACK WITH BRICK ON THE THIRD WORKS. IT DOES. YES. OKAY. AND WE EXPECT TO HAVE A QUORUM THERE BECAUSE THERE'LL BE FOUR OF US. SO QUICK CHECK. ALL RIGHT. SO I'LL NEED DAVE. I MOVE THAT WE TAKE BACK UP, THAT WE DO TAKE IT BACK OFF THE TABLE TO REDO THE MOTION. YES. YES. OKAY. I MOVE THAT WE TAKE BACK OFF THE TABLE. FDP ZERO THREE AND VARIANCE OH FOUR. AND I'LL NEED DAVE TO SECOND THAT AS THE PERSON WHO SECONDED THE ORIGINAL MOTION. I WILL SECOND THAT. ALL RIGHT. DO I HAVE TO CALL THE ROLL ON PULLING THOSE BACK OFF THE TABLE? WHENEVER YOU'RE READY, MR. KIRBY. YES, MR. WALLACE? YES, MR. SHELL. YES. MISS BRIGGS? YES. OKAY. MR. LAWSON. YES. THE MOTION PASSES WITH ALL VOTES TO TAKE. FDP ZERO THREE 2025 OFF OF THE TABLE. ALL RIGHT. AND THE VARIANCE AND VARIANCE FOR. OKAY.

THANK YOU. SO, HAVING DISCUSSED WITH STAFF SCHEDULES AND THE THINGS THAT I JUST MENTIONED, I MOVE THAT WE TABLE FDP ZERO THREE 2025 TO OUR MARCH 3RD SPECIAL MEETING. I'LL SECOND THAT. OKAY. ANY DISCUSSION OF THIS MOTION? OKAY. THE ROLL. MR. KIRBY? YES. MR. WALLACE? YES.

MR. SHELL. YES. MISS BRIGGS. NO. ALL RIGHT, MR. LAWSON. YES. OKAY. THE MOTION PASSES WITH FOUR VOTES IN FAVOR OF AND ONE VOTE TO DENY THE MOTION TO TABLE FDP ZERO THREE 2025 UNTIL THE MARCH 3RD INFORMAL MEETING OF THE PLANNING COMMISSION. THANK YOU. I MOVE. DID YOU NEED FOR THE RECORD? YEAH. NOW. OH, YEAH. SORRY. GO AHEAD. SO JUST TO RESTATE, I VOTED NO BECAUSE I FEEL. EXCUSE ME. FEEL THAT WE SHOULD HAVE PASSED THE ENTIRE FINAL DEVELOPMENT PLAN THIS EVENING. PERIOD. THANK YOU. I MOVE TO TABLE VARIANCE OH FOUR 2025 TO OUR MARCH 3RD INFORMAL MEETING. SECOND. ANY DISCUSSION OF THE MOTION TO TABLE? CALL THE ROLL, PLEASE. MR. KIRBY? YES.

MR. WALLACE? YES. MISS BRIGGS. NO. MR. SHELL. YES. MR. LAWSON. YES. THE MOTION PASSES WITH FOUR VOTES IN FAVOR AND ONE VOTE TO DENY THE MOTION TO TABLE VARIANCE. ZERO FOUR 2025. UNTIL THE INFORMAL MEETING SCHEDULED FOR MARCH 3RD. AND AGAIN, JUST FOR THE RECORD, I VOTED NO, AS I BELIEVE THAT WE SHOULD HAVE PASSED THE ENTIRE FINAL DEVELOPMENT PLAN WITH THE VARIANCES THIS EVENING. THANK YOU. SO APPLE OKAY. THIS TAKES US TO FINAL DEVELOPMENT PLAN. OH FIVE 2025 AEP. CAN WE HEAR FROM STAFF PLEASE. YES. THANK YOU. SO THIS APPLICATION IS A FINAL DEVELOPMENT PLAN FOR A AEP SUBSTATION, WHICH IS GOING TO BE LOCATED ON SOUDER ROAD. AND THE PROPERTY THAT'S OUTLINED IN RED HERE. I DO WANT TO MAKE NOTE IT WAS NOTED IN THE STAFF REPORT, BUT JUST KIND OF AT THE ONSET OF THIS APPLICATION, THIS IS A PRETTY UNIQUE SITUATION FOR UTILITY PROVIDERS. THEY HAVE SOME PRETTY THEY HAVE BROADER FLEXIBILITY IN TERMS OF MEETING CODE REQUIREMENTS AND THE DIFFERENT REGULATIONS THAT THEY HAVE TO MEET. AND ACCORDING TO OUR CITY LAW DIRECTOR, AND IF THEY'RE NOT ABLE TO MEET A CERTAIN STANDARD OR CERTAIN ZONING REQUIREMENT BECAUSE THEY'RE A PUBLIC UTILITY PROVIDER, THEY DO NOT NEED TO REQUEST VARIANCES. THERE'S NOT A WHOLE LOT THAT THIS APPLICATION IS NOT MEETING, BUT JUST DUE TO

[01:30:05]

SOME ADJACENT USES ARE CANINE COMPANIONS HERE. THIS IS THE FARM SITE. THIS IS THE OLD NATIONWIDE DATA CENTER HERE ON SOUDER ROAD. SO THIS IS A ONE OF THE SITE PLANS THAT THEY'VE THAT THEY'VE PROVIDED. AGAIN THIS IS GOING TO BE A GRAVEL PAD ON THIS PROPERTY. THE SITE WILL BE ACCESSED BY TWO CURB CUTS ON SOUDER ROAD. THE TEXT THE ZONING TEXT ONLY PERMITS ONE SITE ACCESS. BUT AGAIN, BECAUSE THIS IS A PUBLIC UTILITY PROVIDER, THEY'RE ALLOWED TO HAVE BROADER LATITUDE FROM THAT REQUIREMENT AND DO NOT REQUIRE A VARIANCE. THE PROPERTY IS MEETING THE SETBACK REQUIREMENTS FOR THE OR, I GUESS RATHER SORRY, REPHRASE THAT. THERE ARE NO PAVEMENT AND BUILDING SETBACKS ASSOCIATED WITH THIS THIS PROJECT, BECAUSE THERE IS NO PAVEMENT OR BUILDINGS PROPOSED. THE APPLICANT DID SUBMIT A PHOTO MATRIX PLAN SHOWING THE LIGHTING LEVELS AT THE EDGES OF THE FENCE. AND I'LL OUTLINE THIS FOR YOU HERE. SO THE FENCE WILL BE LOCATED JUST OUTSIDE THE GRAVEL PAD HERE. AND THE LIGHTING LEVELS WERE PRETTY CONSISTENT WITH WHAT WE SEE AT OTHER PROPERTIES. AND WE IMAGINE THAT THOSE LIGHT LEVELS WOULD FURTHER DISSIPATE WHEN THEY GET TO THE PROPERTY LINES. BUT THAT MIGHT BE SOMETHING THAT'S WORTH CLARIFYING WITH THE APPLICANT TONIGHT. ADDITIONALLY, THIS IS THE LANDSCAPE PLAN, SO I'LL LET THE APPLICANT SPEAK MORE TO THIS. BUT AEP DOES NOT ALLOW A SUBSTANTIAL AMOUNT OF LIKE LANDSCAPING UNDERNEATH THEIR POWER LINES OR WITHIN THEIR UTILITY EASEMENTS. SO THE REQUIRED LANDSCAPING ALONG SOUDER ROAD IS NOT ABLE TO BE INSTALLED. HOWEVER, THERE IS A CONDITION OF APPROVAL AND THE ZONING TEXT THAT, YOU KNOW, UNDERSTANDING OR SORRY IN THE STAFF REPORT THAT WE UNDERSTAND THAT THAT'S NOT ABLE TO BE MET BECAUSE A LOT OF THE SITE IS GOING TO BE UNDER A UTILITY EASEMENT TO PROVIDE THE OTHER POWER LINES FOR THE DATA OR FOR THE SUBSTATION. SORRY. BUT WE BELIEVE OR WE HAVE A RECOMMENDED CONDITION OF APPROVAL OF THAT.

YOU KNOW, SOME OF THAT REQUIRED LANDSCAPING COULD BE SPREAD OUT IN OTHER AREAS OF THE SITE JUST TO HELP PROVIDE SOME MORE SCREENING AND JUST, YOU KNOW, BRING IT UP A LITTLE BIT MORE THAN IT IS THAN IT IS NOW. AND THEN WE HAVE ENGINEERING COMMENTS, WHICH I'LL LET THEM GO OVER. AND I'M HAPPY TO TAKE ANY QUESTIONS AT THIS TIME. AND I KNOW THE APPLICANT IS HERE AS WELL. OKAY. ENGINEERING. WE'LL EVALUATE STORMWATER WHEN THE CONSTRUCTION PLANS ARE AVAILABLE. OKAY. THANK YOU. CAN WE GET. WELL? NAME'S AMY TOOHEY WITH AMERICAN ELECTRIC POWER.

8500 SMITH MILL ROAD, NEW ALBANY. CAN YOU WISH TO ADD TO THE PRESENTATION WE JUST HEARD? ARE THERE QUESTIONS? I GUESS SINCE THE LANDSCAPE PLANS UP. WE HAVE JOHN PELTZ HERE WHO HELPED DESIGNED IT. ANY QUESTIONS ABOUT WHAT'S GOING TO BE INSTALLED OR THE SPECIES OR. DO YOU HAVE ANY RENDERINGS OF WHAT. IT'S WHAT IT WOULD LOOK LIKE WHEN YOU'RE DRIVING IN FRONT OF ON THE WRONG SIDE OF ROAD? WHAT WOULD IT LOOK LIKE WHEN YOU'RE DRIVING PAST IT? NO, WE DO NOT. HOW? WHAT'S THE TALL? WHAT'S THE TALLEST STRUCTURE THAT'S GOING TO BE ON THERE, I GUESS WHICH TRANSMISSION LINE OR WHATEVER IS COMING IN AND GOING OUT, AS IN THE FENCE OR THE. WE DO HAVE THE HORSE FENCE OUT IN THE FRONT IF THAT HELPS. OKAY. SAY AGAIN, WE DO HAVE THE NEW ALBANY HORSE FENCE AND SIGNING OUT FRONT BY THE LEISURE TRAIL. IS THAT WHAT YOU MEANT, OR DO YOU MEAN THOSE STRUCTURES? NO. THE ACTUAL, YOU KNOW, STUFF. THE, YOU KNOW, THE ELECTRICAL. I DON'T EVEN KNOW WHAT THE NAMES OF TRANSFORMERS AND THINGS. YEAH. THE HEIGHTS. YEAH. OKAY. OKAY. COME ON. OKAY.

THANK YOU. SUBSTATION. THAT'S ON. PARSONS END. THERE'S THIS SUBSTATION. RIGHT HERE. SO MY

[01:35:04]

THE TALLEST EQUIPMENT HERE IS GOING TO BE ABOUT 75FT. AVERAGE HEIGHT, THOUGH, IS CLOSER TO 15 TO 22FT. I AM NOT AN ELECTRICAL ENGINEER, SO BEAR WITH ME ON ANY SPECIFIC QUESTIONS THAT YOU'RE LOOKING AT. THE PHOTOGRAPH OF THE PARSONS ROAD STATION THAT YOU GAVE US. THERE'S LOOKS LIKE LOOKS LIKE A WOODEN POLE THAT'S IN THE FOREGROUND THERE. HOW TALL IS THAT? UNFORTUNATELY, I DO NOT KNOW. DOES THAT DOES ANYBODY ELSE KNOW? DO YOU KNOW THAT? IT LOOKS LIKE. I DON'T THINK IT'S A DISTRIBUTION POLE ON PARSONS. I'M SORRY. I DON'T KNOW. I WILL SAY THAT WITH THE LANDSCAPING HERE, THAT'S DEFINITELY GOING TO BE BENEFICIAL. AS YOU CAN SEE IN THOSE PHOTOS OF PARSONS, THERE'S NOT REALLY A WHOLE LOT OF LANDSCAPING. SO THAT IS NOT SOMETHING THAT WE NORMALLY DO. BUT WE'RE TRYING TO BE GOOD COMMUNITY PARTNERS AND WE UNDERSTAND THE CONCERNS THAT YOU ALL HAVE. SO THE LANDSCAPING HERE, I DO THINK WILL HELP. AND HAVING THE LANDSCAPE CLOSER TO THE ROAD IS GOING TO HELP AS WELL, BECAUSE AS YOU DRIVE, YOU'RE NOT GOING TO BE ABLE TO SEE IT AS MUCH. DO YOU DO YOU HAVE ANY SORT OF SLIGHT RENDERINGS OF WHAT THE LANDSCAPING WOULD LOOK LIKE? YOU KNOW, FOR THOSE THAT ARE DRIVING BY OR THOSE WHO MIGHT LIVE NEARBY? UNFORTUNATELY, WE DO NOT. BECAUSE THAT'S WHAT WE'RE GOING TO HEAR IN A FEW MINUTES, I'M SURE FROM THE NEIGHBORS IS WHAT IT'S GOING TO LOOK LIKE WHEN IT'S BUILT AND WHAT WHAT ARE PEOPLE GOING TO SEE. AND WE DON'T HAVE ANY RENDERINGS OF THAT. YEAH. THIS WAS THE BEST. NO, I APPRECIATE THIS SUBSTATION THAT WE HAVE OF ONE THAT WAS ALREADY BUILT, BUT IT WOULD BE NICE TO HAVE A DEPICTION OF WHAT YOU'RE GOING TO ACTUALLY PUT ON SOUDER ROAD WITH SOME LANDSCAPING PLACED IN THERE. SO AT LEAST WE KNOW WHAT WE'RE VOTING ON. AND THEN, OF COURSE, YOU MIGHT BE ABLE TO GET THE NEIGHBORS BUY IN POTENTIALLY, IF IT DOESN'T LOOK, FRANKLY, LIKE THE PARSONS ROAD LOOKS LIKE. NO I UNDERSTAND. ALL RIGHT. SO YOUR OVERHEAD LINE, YOUR MAIN OVERHEAD LINES ARE GOING EAST WEST ACROSS THIS PROPERTY. SO WE DO HAVE TO CONNECT THIS EXISTING SUBSTATION OR THIS NEW SUBSTATION, PROPOSED SUBSTATION TO OUR EXISTING FACILITIES. THERE'S A TRANSMISSION LINE THAT RUNS NORTH OF WALNUT THAT HAS THE BOLD ARCHES. SO WE'RE GOING TO HAVE TO CONNECT THERE. AS TO EXACTLY WHERE THOSE ARE GOING TO GO, UNFORTUNATELY WE DON'T KNOW. WE'RE CURRENTLY CONDUCTING FEASIBILITY STUDIES TO TRY TO EVALUATE THAT. BUT OUR FIRST STEP IS ALWAYS THE SUBSTATION LOCATION. FIRST TO FIND OUR POINT A AND POINT B, TO THEN EVALUATE WHERE WE CAN GO FROM THERE. THE REASON WHY I ASK IS THAT'S WHERE THE GAP IN THE TREES IS, IS THAT THE GAP IN THE TREES IS YOU CAN'T PUT THEM UNDERNEATH THE HIGH TENSION LINES OR CREATE, YOU KNOW, NO ONE WANTS LIGHTNING IN THEIR BACKYARD, RIGHT? OKAY. I JUST WANTED YOU TO KNOW. PARDON ME. YOU'RE DONE. YEAH. GO AHEAD. I JUST WANTED TO REVISIT QUICKLY THAT THE LANDSCAPING DISCUSSION. SO. AND THE CONDITION, IT SAYS THAT THE APPLICANT INCLUDES NATURALIZED PLANTINGS IN THE NORTHWEST CORNER OF THE SITE TO PROVIDE ADDITIONAL SCREENING AND YOUR MATERIALS. SO I JUST WANTED TO CONFIRM THAT IT APPEARS THAT IT WOULD BE 15 NORTHERN RED OAK. AND THEN 41 ARBORVITAE. IS THAT WHAT WE'RE TALKING ABOUT? FROM THE CONDITION IN THE STAFF REPORT? CORRECT? NO. THAT'S MY THAT'S THAT'S. WAIT, WAIT WAIT TO THE MIC, PLEASE. NAME AND ADDRESS. JOHN PELTZ BURGUNDY AND ASSOCIATES, 153 NORTH BROADWAY, NEW PHILADELPHIA. THE PICTURE ON THE SCREEN. THE 41 AND THE 15. THOSE NUMBERS ARE SEEN ON THAT SCREEN. AND THEN THERE WAS AN ADDITIONAL CONDITION THAT ADDED ADDITIONAL TREES AS REQUESTED IN THE NORTHWEST CORNER. THEY ARE NOT SHOWN. SO THAT WOULD BE IN ADDITION TO THOSE NUMBERS. AND DO WE KNOW WHAT THE ADDITIONAL NUMBERS ARE? NO. THAT'S GOING TO BE SUBJECT TO WHAT IS BEING REQUESTED OF US. THE NATURALIZED STAR LOCATIONS, THE FORMAT, THE SHAPE THAT THEY WOULD LIKE TO HAVE. I KNOW EVERYBODY WANTS NATURALIZED TREES, BUT IF YOU WANT BLOCKAGE, YOU WOULD WANT MORE OF THE TREES IN A ROW LIKE WE ORIGINALLY SHOWED. THERE WOULD BE NO GAPS. BUT IT WOULD BE IF YOU LOOK AT THE BOTTOM RIGHT HAND CORNER, THE STAGGERED TREES, THAT'S WHAT THAT NORTH NORTHWEST CORNER WOULD LOOK LIKE AS WELL. AND DO YOU THINK IT WOULD BE THE SAME SPECIES OR THAT'S ALSO IT WOULD BE ARBORVITAE, THE RED OAK OR THE TREES ALONG THE ROAD. THAT'S YOUR STREET TREES. IT WOULD BE LIKE THE TOP LEFT OF THIS PICTURE. RIGHT. THAT'S THE

[01:40:01]

NO, BECAUSE IT'S NOT A ZONING CHANGE. CORRECT. YEAH. SORRY. CORRECT. THERE WOULD NOT HAVE BEEN SIGNS PLACED. BUT EVERYONE WITHIN 200FT OF THE PROPERTY WAS NOTIFIED VIA MAIL. GOOD. THANK YOU. CHRIS, IF THIS WAS A COMMERCIAL DEVELOPMENT, REMIND REMIND US WHAT THE WHAT THE HEIGHT LIMITATION WOULD BE ON A BUILDING IF THERE WAS ONE. LET ME LOOK THAT UP AND I CAN GET BACK TO YOU. I WILL JUST ADD THAT, YOU KNOW THE ELECTRICAL NEED IN THIS AREA. IT'S GROWING.

IT'S DEVELOPING, WHICH IS GREAT FOR THE ECONOMY. IT'S GREAT FOR NEW ALBANY. YOU KNOW, IN ORDER FOR US TO MEET THAT ELECTRICAL NEED IS REALLY THE DRIVING FORCE FOR THIS SUBSTATION. CURRENT LOAD, AS WELL AS FUTURE LOAD THAT'S PROJECTED WOULD IS THERE ARE THERE CRITERIA FOR SITE LOCATION THAT AEP FOLLOWS TO DETERMINE WHY IT WOULD BE LOCATED HERE, WHERE IT'S RELATIVELY NEAR SOME RESIDENTIAL DEVELOPMENTS AS OPPOSED TO SOME PLACE ELSE? A LOT OF IT HAS TO DO WITH WHERE WHERE THE LOCATION WHERE THE GROWTH IS COMING AND BEING ABLE TO MEET THAT NEED. SO OUR PLANNING DEPARTMENT, OUR SITING DEPARTMENT DOES EVALUATE THAT AS PART OF THE CRITERIA TO IDENTIFY EXACTLY THE BEST LOCATION. WHEN YOU SAY THE GROWTH, YOU MEAN THE BUSINESSES AND HOUSES, OTHER HOMES, WHATEVER THAT ARE RESIDENTIAL COMMERCIAL REQUESTING ELECTRICITY. ALL RIGHT. AND ONE. GO AHEAD. WELL, AND I'M PROBABLY GETTING OUT OF MY DEPTH HERE, BUT I KEEP READING SO MUCH ABOUT ALL THE POWER AND ENERGY THAT I IS GOING TO NEED. AND WE'RE GETTING A LOT OF OBVIOUSLY A LOT OF COMPUTER WAREHOUSES AND SUCH. SO I'M ASSUMING THAT'S ALL TAKEN INTO ACCOUNT WHEN YOU TALK ABOUT FUTURE LOADS. YEAH, WE ABSOLUTELY DO OUR BEST WITH TRY TO CALCULATING, YOU KNOW, WHAT WE KNOW IS COMING OR WHAT WE ANTICIPATE IS COMING. THOSE ARE THE KIND OF THINGS THAT WE LOOK AT FOR SURE. SO YOU SHOWED US THE PARSONS ROAD. IS THIS FACILITY SIMILARLY SIZED TO THAT ONE? YEAH. OKAY. YEAH. THAT'S WHY WE CHOSE THAT AS AN EXAMPLE.

IT'S A LOT BIGGER THAN THE ONE THAT USED TO BE ON NEW ALBANY ROAD. I DON'T KNOW. OH, I CAN'T SPEAK TO THAT. YEAH. THERE USED TO BE A SMALL SUBSTATION, YOU KNOW, ONE ROAD OVER AND PART WAY DOWN. YEAH, THIS ONE'S A LITTLE BIT BIGGER. OKAY. SO IF I HEARD YOU CORRECTLY, YOU SAID THE PHOTOGRAPH WE HAVE IS WOULD SIMILAR WOULD BE ROUGHLY THE SAME SIZE. IN OTHER WORDS, IF AFTER THIS WOULD BE BUILT, IF IT'S APPROVED, THEN IF SOMEBODY WENT OUT, TOOK A PHOTOGRAPH FROM THE EXACT SAME SPOT, THAT'S WHAT IT WOULD LOOK LIKE. WE WOULD ANTICIPATE I MEAN, THE LANDSCAPE OBVIOUSLY IS GOING TO MAKE A HUGE DIFFERENCE, BUT SIZE WISE, EQUIPMENT WISE, IT'S THAT'S ABOUT A 138 KV SUBSTATION, WHICH IS WHAT WE'RE PROPOSING TO PUT IN HERE AS WELL. OKAY. CHRIS, DID YOU FIND THE BUILDING HEIGHT? YEAH. FOR BUILDINGS, IT'S 45FT. OKAY. AND I HAD A QUICK FOLLOW UP FROM DAVE'S CONVERSATION EARLIER JUST TO CONFIRM AEP OWNS THIS LAND. YES, MA'AM. OTHER QUESTIONS? MEMBERS OF THE PUBLIC. IF YOU WOULD COME TO THE MIC, STATE YOUR NAME AND ADDRESS AND ASK YOUR QUESTIONS. WE'LL SEE IF WE CAN GET THEM ANSWERED ONE WAY OR THE OTHER.

MISTER CHAIR, FIRST WE HAVE CRAIG SZCZERBA. OKAY. MY NAME IS CRAIG SZCZERBA. I LIVE AT 16. 56 837 EAST OR 6837 EAST WALNUT STREET. OKAY. I'M THE PROPERTY OWNER NORTH OF THE PROPOSED DEVELOPMENT. AND THE PHYSICAL APPEARANCE OF TRANSFORMERS, SWITCHGEAR, TRANSMISSION TOWERS AND LINES, SUBSTATIONS DETRACT FROM THE CHARACTER OF THE BUSINESS PARK AND THE NEIGHBORHOOD. AEP SHOULD FOLLOW THE BUSINESS PARK ARCHITECTURE REQUIREMENTS AND MINIMIZE THOSE IMPACTS TO THE COMMUNITY AS MUCH AS POSSIBLE. REPLACING 300 YEAR OLD, 90 FOOT TALL OAK TREES WITH 100 150 FOOT TALL TRANSMISSION TOWERS ISN'T TANTAMOUNT TO THAT GOAL. NEW ALBANY IS QUICKLY BECOMING A CITY OF SUBSTATION, TRANSMISSION TOWERS AND LINES. I'VE GOT SOME PICTURES HERE.

[01:45:05]

YOU'LL SEE THAT THAT FIRST SUBSTATION IS A IS AN AERIAL SHOT. THEN THERE'S A DAYTIME VIEW OF THAT SUBSTATION. THE DAYTIME. AND THEN THE NEXT SLIDE IS GOING TO BE A NIGHTTIME VERSION. LOOK AT THE AMOUNT OF LIGHT THAT'S ABOVE THAT SUBSTATION. AND THESE ARE ALL SUPPOSED TO BE DOWNCAST LIGHTS AND NOT CAUSE AN ISSUE. AND THEN THERE'S TWO MORE SUBSTATIONS AT THE SAME THING. AN AERIAL VIEW OF THE SUBSTATION. THE PLAN VIEW OF IT. ELEVATION VIEW. AND WHAT IT LOOKS LIKE AT NIGHT WHEN IT'S LIT UP. AND THEN THE THIRD ONE IS THIS IS UP ON BEACH ROAD.

DAYTIME. OVERHEAD DAYTIME AND THEN NIGHTTIME. SAME THING. LOOK AT THE AMOUNT OF LIGHT THAT'S ABOVE THAT. STATION. DID YOU PHOTOGRAPH THESE YOURSELF? PARDON ME. DID YOU PHOTOGRAPH THESE YOURSELF? YES I DID. ARE ALL THREE OF THOSE IN THESE PICTURES? AEP, OTHER AEP SUBSTATIONS? YES THEY ARE. DO YOU RECALL WHAT PHOTOGRAPHIC SETTINGS YOU USED? WHAT'S THAT? DO YOU RECALL WHAT PHOTOGRAPHIC SETTINGS YOU USED TO GET THOSE PICTURES? YES. OKAY. JUST POINT THE IPHONE AT IT AND FIRE. YEAH. OKAY. THEIR SHOTS WERE FROM THE FRANKLIN COUNTY. OR IT'S THE NIGHTTIME ONES THAT I WAS MOST CURIOUS ABOUT. BECAUSE I'M A PART. I'M A AMATEUR PHOTOGRAPHER, AND SO THAT HELPS ME EVALUATE WHAT I'M ACTUALLY SEEING. NO SPECIAL EFFECTS. I DIDN'T RETOUCH THEM. I DON'T HAVE PHOTOSHOP. NOTHING WAS DONE TO THEM. BUT YOU JUST LET THE CAMERA PICK THE EXPOSURE AND GO JUST WHATEVER EXPOSURE. IT'S OKAY. THANK YOU. THANK YOU. SO NOW IF WE CAN GO TO PICTURES, THE NEXT 110. WHY NOT PLANT? WHY NOT INSTALL TREES OR ARCHITECTURAL SCREENING OR LOUVERED PANELS THAT WILL CONCEAL THE GROUND EQUIPMENT WHILE BLENDING IN WITH THE SURROUNDING BUILDING ARCHITECTURE? THIS IS ONE OF THEM. THERE'S TWO MORE DIFFERENT WAYS THAT THEY'VE DISGUISED SUBSTATIONS. THAT IS ACTUALLY A CHEMICAL STATION THAT THEY PUT IN, BUT THEY'VE DONE THE SAME THING. THEY DID A FACADE. NEW ALBANY STRIVES TO SET NEW COMMUNITY STANDARDS. SUBSTATIONS AND POWER LINES SHOULD BE NO EXCEPTION TO THIS, ESPECIALLY WHEN LOCATED ADJACENT TO RESIDENTIAL PROPERTIES. WHEN I HEARD THAT AEP WAS INTERESTED IN PURCHASING PROPERTY ADJACENT TO OUR RESIDENTIAL PROPERTY, I MADE SEVERAL INQUIRIES AS TO WHAT THEIR PLANS WERE. ON 614 OF 23, I RECEIVED A LETTER FROM AEP CONCERNING THE PROPERTY PURCHASE, AND I CALLED SHAWN CRAWFORD AT AEP FOR INFO ABOUT THE USES. HE SAID HE DIDN'T KNOW WHAT THEY WERE GOING TO BE ON. 828 OF 23. I CALLED SHAWN AGAIN, WHO SAID HE COULDN'T DISCLOSE ANYTHING ABOUT WHAT THEY WERE DOING, BUT WOULD KEEP ME INFORMED AND PAS INFORMATION TO BRIAN RICKER, OUTREACH SPECIALIST AT AEP. BUT NEITHER SHAWN NOR BRIAN INFORMED ME OF ANYTHING. ON 11 ONE OF 23, I NOTICED AEP PURCHASED A PARCEL BEHIND OUR LOT, EMAILED BRIAN WHO SAID HE DIDN'T HAVE ANY INFORMATION TO PASS ON TO THE PLANS AT THIS TIME, BUT WOULD FOLLOW UP. HE DID. ON FIVE 2924 I NOTICED THAT AEP PURCHASED ANOTHER PARCEL BEHIND A BEHIND US ADJACENT TO THE FIRST PERSON. I REACHED OUT TO BRIAN AGAIN, WHO SAID HE HAD NO INFORMATION BUT WOULD INCLUDE ME ON ANY UPDATES AND PLANS. HE DID NOT.

THEN ON TWO SIX OF 25, I RECEIVED A LANDOWNER NOTIFICATION OF FINAL

[01:50:04]

SHE DID GET BACK TO ME TODAY AND SHE HAD SOME ANSWERS, BUT NOT ALL. AND THEY WALKED UP. WE COULDN'T ANSWER PROBABLY 50% OF WHAT I WAS ASKED. APPARENTLY SHE'S STILL TRYING TO DO THAT.

SO. OF A LACK OF RESPONSE TO MY REQUEST, UP UNTIL I RECEIVED A LANDOWNER NOTIFICATION FOR FINAL DEVELOPMENT PLAN FROM NEW ALBANY WAS INCONSIDERATE, TO BE HELD IN LIMBO FOR 19 MONTHS, AND THEN HAVE NINE DAYS TO PREPARE FOR A FORMAL MEETING. IN AN INFORMED MANNER TO THIS APPLICATION. IS POOR PUBLIC RELATIONS. I DON'T REMEMBER ATTENDING ANY OTHER MEETING WHERE THE LAND HAS ALREADY BEEN PURCHASED PRIOR TO ANY COUNCIL APPROVALS OR PUBLIC INPUT. SO I HOPE IT'S NOT A FOREGONE CONCLUSION THAT THIS DEVELOPMENT WILL BE GOING FORWARD, REGARDLESS OF COUNCIL OR PUBLIC INPUT. THE PROPOSED LOCATION CONCERNS ME FROM A SAFETY STANDPOINT. CAN YOU BRING UP THE GO TO THE, I BELIEVE, TO THE NEXT, MAYBE THE NEXT SLIDE, MAYBE DOWN? THIS IS GOING TO BE.

IT'S GOING TO BE THE APPLICANTS. PICTURE OKAY. OF THE DEVELOPMENT. RIGHT THERE. THAT ONE THIS THIS PROPOSED LOCATION CONCERN ME FROM A SAFETY ASPECT BECAUSE AS A PRIVATE PILOT, I'VE BEEN USING MY ADJACENT ESTABLISHED GRASS GRASS LANDING STRIP RUNWAY SINCE 1995 TO FLY ULTRALIGHTS IN AND OUT OF AND OVER MY PROPERTY PRIOR TO LANDING IN AN UNCONTROLLED RUNWAY. IT IS NECESSARY TO FLY PERPENDICULAR TO THE LANDING STRIP ON UNCONTROLLED RUNWAYS IN A AT A MIDFIELD LOCATION, WHICH IN THIS CASE IS NORTH AND SOUTH, AND TO ASSURE THAT THERE ARE NO OBJECTS, TRAFFIC, ANIMALS, PEOPLE ON THE LANDING STRIP. THAT FLIGHT PATH IS LOCATED DIRECTLY OVER THE PROPOSED SUBSTATION. ELECTRICAL. ELECTRICAL SUBSTATIONS, TRANSMISSION TOWERS AND LINES ARE NOT AIRCRAFT FRIENDLY AND SHOULD SHOULDN'T BE INSTALLED ADJACENT TO AN ESTABLISHED ACTIVE RUNWAY. I HOPE THAT THE RIGHT TO ENJOY MY PROPERTY ISN'T TAKEN AWAY. AFTER 28 YEARS OF CONTINUOUS USE. FROM A LIGHTING PERSPECTIVE. YOU CAN SEE THE LIGHT PROJECTED AROUND THE SUBSTATIONS AT NIGHT, AT LEAST 2 OR 3 TIMES THE SIZE OF THE SUBSTATIONS THEMSELVES. THAT'S WHAT WAS IN THE PICTURES WE LOOKED AT. THIS SEEMS TO BE A COMPLETE CONTINUOUS WASTE OF ENERGY AT NIGHT. I WOULD THINK THAT LIGHTING WOULD ONLY BE REQUIRED DURING A PERSON ATTENDED MAINTENANCE OR EMERGENCY SITUATION. MOTION SENSORS COULD LIGHT UP THE NIGHT FOR SECURITY REASONS, AND CAMERAS COULD DO THE REST. I DON'T SEE WHY THESE HAVE TO BE LIT. YOU KNOW, ALL NIGHT LONG, AND ESPECIALLY IN THIS LOCATION WHERE IT'S AT THE END OF A DEAD END ROAD. THERE'S NOT THROUGH TRAFFIC GOING BY IT. I DON'T SEE IT BEING MUCH OF A THREAT. WELL, REVIEWING THIS APPLICATION, PLEASE TAKE INTO CONSIDERATION THAT THE SUPPOSED SUBSTATION IS BEING NEWLY CONSTRUCTED NEXT TO A RESIDENTIAL PROPERTY WITH RESIDENTIAL PROPERTIES WITH AN ACTIVE RUNWAY. UNLIKE OTHER SUBSTATIONS THAT ARE GENERALLY GENERALLY LOCATED IN HIGHER DENSITY INDUSTRIAL AREAS, LIKE THOSE AT GANTON PARKWAY AND WORTHINGTON ROAD, AND ON BEACH ROAD AND JUDD STREET, AS SHOWN IN THE PREVIOUS PICTURES. I REQUEST THAT YOU REJECT THE APPLICATION DUE TO THE PROPOSED LOCATION NEXT TO AN EXISTING

[01:55:04]

NONE OF WHICH IMAGINED 150 FOOT TALL GALVANIZED TRANSMISSION TOWERS AND LINES RUNNING THROUGH. KEEP. KEEP THE MINIMUM HEIGHT AT 45FT, ENCLOSED IN A BUILDING OR SCREENING THAT MEETS ARCHITECTURAL STANDARDS IMPOSED ON ALL OTHER APPLICANTS IN THE AREA, WITH ALL ELECTRICAL LINES TO BE BURIED UNDERGROUND. NO EXCEPTIONS. AND IF YOU CAN SHOW. SLIDE 13.

SO THAT THAT IS THE 300 YEAR OLD, 90 FOOT TALL, 48 INCH IN DIAMETER, ABOUT WHERE ANNA'S HAND IS RIGHT NOW. OAK TREE THAT YOU'RE GOING TO, THEY'RE GOING TO CUT OUT. THERE'S ANOTHER ONE.

NEXT SLIDE. THAT'S ABOUT IN THE MIDDLE OF THE PROPERTY. SIMILAR TO IT IN IT'S A LITTLE BIT SMALLER IN SIZE BUT IT'S THE SAME THING. AND WE CAN GO TO THE NEXT ONE. THAT IS LOOKING.

TOWARDS THE EAST. THAT IS CORRECT. IT IS. OH THAT'S THAT'S THAT'S LOOKING TOWARD SANTA BARBARA. YEAH. THAT'S LOOKING TOWARDS SATURN. SATURN ROAD. THAT'S THE EAST SHOWING THAT THERE'S NOTHING IN THE SKY. GO TO THE NEXT ONE. SAME THING. WE'RE LOOKING EAST. THIS IS CLOSE TO THE NORTH END OF THE PROPERTY, LOOKING EAST. THERE'S NOTHING IN THE SKY. THERE'S NO POWER LINES, NO TRANSMISSION CABLES. NEXT ONE. ANOTHER ONE. JUST LOOKING DOWN A LITTLE BIT AWAY FROM THAT FIRST ONE. SHOWN THAT THERE'S NOTHING DOWN THERE EITHER. ALL THE POWER LINES, ALL THE TRANSFORMERS. EVERYTHING'S ON THE GROUND OR BELOW. NOTHING IN THE SKY. CAN YOU GO TO THE NEXT ONE? THAT IS LOOKING TO THE WEST AT CANINE COMPANIONS. THIS IS ALL RIGHT AT THAT OAK TREE.

OKAY. SO WE'RE. I THINK WE'RE BACK TO THE BEGINNING OF THAT LIST. NO. YOU GO ONE MORE. I DON'T WANT TO DO THAT ONE. THIS IS THIS IS AN EXISTING DIRT MOUND. YOU CAN SEE IT ON THEIR ORIGINAL APPLICATION. THAT MIGHT HAVE BEEN ONE SLIDE BEFORE THIS. IS AN EXISTING DIRT MOUND UP TOWARDS THE MIDDLE OF THE OF EXCESS DIRT. WHEN THEY DID THE ROAD EXTENSION THROUGH THAT AREA. AND THERE'S ALSO A MOUND OVER HERE AT THE LEFT ON THE WEST SIDE FOR CANINE COMPANIONS THAT THEY THAT CANINE COMPANIONS MADE WHEN THEY PUT THAT DEVELOPMENT IN. I WOULD REQUIRE THAT THE APPLICANT KEEP ANY EMF PRODUCING EQUIPMENT 100 TO 200FT AWAY FROM THE RESIDENTIAL PROPERTIES, AS RECOMMENDED BY THE PUBLIC SERVICE COMMISSION OF WISCONSIN, REQUIRE THAT THE APPLICANT SCREEN THE GROUND EQUIPMENT PAD ON ALL FOUR SIDES. BLENDING IN WITH THE SURROUNDING BUILDING ARCHITECTURE, OR AT LEAST USING 100% TREE SCREENING TO BLOCK WHAT YOU'RE GOING TO SEE. PUT ON THAT PAD. AERIAL TRANSMISSION LINES UNDER GROUND IN THE AVAILABLE RIGHT OF WAY ON THE SOUTH SIDE OF THAT LOT UNTIL OUTSIDE OF THE BUSINESS PARK, JUST LIKE ALL OTHER UTILITIES IN THE BUSINESS, HAVE REMAINED UNDERGROUND OR IN THE CONNECTING TRANSMISSION LINES FROM THIS SUBSTATION ALONG EXISTING RIGHT OF WAYS OR TO EXISTING TRANSMISSION LINES, AGAIN UNDERGROUND IN THE PARK AND THE BUSINESS PARK OUTSIDE OF THE PARK, IF THEY WANT TO PUT THEM

[02:00:03]

EXTEND THE EXISTING NORTH MOUND ON THE NORTH PROPERTY LINE TO THE WEST CORNER LINE IN.

CONSTRUCTED UNDER THE ORIGINAL ZONING TEXT MENTIONED IN THE STAFF REPORT FOR MOUNTING ON THE NORTH SIDE. PROVIDE ON SITE TESTING UPON COMPLETION TO CONFIRM THAT NOISE, LIGHT EMISSIONS AND EMF LEVELS ARE AT SAFE BACKGROUND LEVELS, AT PROPERTY BOUNDARIES, AND COMPLIANT WITH ALL CODES. ONCE SUBSTATION IS UP AND RUNNING DURING A PEAK LOAD THROUGH THIRD PARTY TESTING TO BE WITNESSED AT THE. AT THE TIME OF TESTING AND CONFIRMED BY THE CITY OF NEW ALBANY AND ANY INTERESTED, INTERESTED ADJOINING PROPERTY MEMBER. REQUEST I WOULD REQUEST.

WHEN I LOOKED AT THESE ALL OF THESE SUBSTATIONS, ALL THE EQUIPMENT ON THESE SUBSTATIONS ARE PLACED TOWARDS ONE END OR THE OTHER OF THE SUBSTATION, LIKE THEY START BUILDING DOWN HERE IN THE LOWER CORNER AND THEY KEEP ADDING EQUIPMENT, YOU KNOW, GOING UP TOWARDS THE OPEN END. I WOULD REQUEST THAT THEY START THIS SUBSTATION ON THE SOUTH END AND START GOING TO THE NORTH FROM THERE, IF THAT'S AT ALL POSSIBLE. THEY MENTIONED HAVING A COUPLE OF POLES, AND I'M NOT SURE IF YOU CAN SHOW ME WHERE THOSE POLES ARE ON THE EAST SIDE OF THIS ONE. IT WAS IN THAT OTHER PHOTO. I MEAN, THAT THIS ONE. YEAH. IT SAYS THAT THAT THEY'RE THERE, BUT I DON'T SEE IT. SO ANYWAYS, IT LOOKS TO ME LIKE THEY'VE GOT THEM SHIFTED UP, LIKE THERE'S TWO, TWO POLES UNDER THE MIDDLE SEPARATOR YELLOW LINE. AND THEN THERE'S ANOTHER TWO POLES OR SOMETHING UP MORE TOWARDS THE NORTH. OKAY. YEAH. I'D HAVE TO DEFER TO THE APPLICANT ON THE LOCATION OF THIS. OKAY. R1 R2 INSTRUCTION ONE. STRUCTURE TWO. OKAY. AND WHAT I WOULD ALSO REQUEST WITH THEM SHIFTING THE EQUIPMENT DOWN TO THE SOUTH END OF THAT PAD IS THAT THEY MOVE THOSE POLES DOWN THAT WAY AS WELL. INSTEAD OF HAVING UPWARDS THAT THAT POSITION. AND I GOT THE SAME WHEN I, WHEN I TALKED TO STEPHANIE AT AEP, I GOT THE SAME PICTURE OF THE SUBSTATION. YOU GUYS SAW I ASKED MORE QUESTIONS ABOUT THAT. I SAYS, WHAT SIZE IS THIS? HOW MANY ACRES IS THIS? YOU KNOW, WHERE'S THIS LOCATED? AND I GOT, I GOT I DON'T THINK I GOT ANY ANSWERS ON THAT. JUST PASSING THE ROAD. THIS IS ABOUT THE SAME SIZE YOU'VE GOT. I HAD ORIGINALLY REQUESTED FROM THEM AN EQUIPMENT LAYOUT. I SAID, CAN YOU SHOW ME AN AERIAL VIEW SHOWING THE EQUIPMENT ON THE, YOU KNOW, ON THE PAD WHERE IT'S GOING TO BE? JUST APPROXIMATELY HOW BIG IS IT GOING TO BE? HOW WIDE? CAN YOU SHOW ME SOME ELEVATION VIEWS SO I KNOW HOW TALL THESE THINGS ARE GOING TO BE AND WHERE THEY'RE GOING TO BE TALL AT? IS IT WAY AWAY FROM OUR PROPERTY? IS IT RIGHT NEXT TO OUR LINE? I DON'T KNOW. AND THEN IT WAS THE SAME WAY I ASKED FOR THE PATH OF THESE TRANSMISSION LINES. I SAID, WHERE ARE YOU GOING TO RUN? I SAID, CAN YOU SEND ME AN AERIAL PICTURE OF THIS SITE WITH THE POWER LINES YOU INTEND ON CONNECTING TO? DIDN'T GET ANYTHING. SO I KNOW WHERE THE. I KNOW THERE ARE POWER LINES GOING TO THE NORTH, RUNNING ACROSS EAST TO WEST. I KNOW THERE'S STUFF COMING DOWN TO THE EAST FOR THE JUDGE STREET CORRIDOR LINE THAT'S COMING DOWN THERE, BUT I DON'T KNOW WHICH SET OF LINES THEY INTEND TO CONNECT TO. THOSE ARE THINGS THAT I WANTED ANSWERED AND WANTED TO KNOW. MOVING FORWARD, TO KNOW WHAT WAS GOING TO HAPPEN WITH THIS SITE. AND I DIDN'T GET ANSWERS TO THOSE QUESTIONS. THAT'S WHY I'M ASKING YOU THAT YOU EITHER DENY THE APPLICATION OR TABLE IT. THEY'VE HAD 19 MONTHS TO TELL ME THINGS. THEY REALLY HAVEN'T TOLD ME ANYTHING UNTIL THIS LAST WEEK, AND I'VE ONLY GOTTEN A PORTION OF THOSE ANSWERS. SO IT HASN'T BEEN VERY, VERY PLEASANT TO GET THAT KIND OF RESPONSE. THAT'S IT. THANKS FOR YOUR TIME. APPRECIATE IT. THANK YOU. SOME OTHER QUESTIONS FOR THE APPLICANT. MIKE TO THE MIC. IF THIS IS TO THE MIKE MEANS IF THIS IS FOR FUTURE NEEDS THE AND FUTURE USES I ASSUME MOSTLY IN THE BUSINESS PARK HERE WHERE THAT'S LOCATED. HOW IS THE POWER GOING TO GET FROM THAT SUBSTATION TO THOSE PLACES? IS IT GOING TO BE UNDERGROUND OR IS IT GOING TO BE ABOVE GROUND AND MORE POLES GOING THROUGH THIS AREA? SO THERE WERE A HANDFUL OF QUESTIONS. LET'S SEE IF WE CAN START GETTING SOME OF THOSE ANSWERED. LET'S START WITH THE

[02:05:05]

YEAH. OKAY. I WILL TRY TO DO MY BEST. ALL RIGHT. AS FAR AS FUTURE NEEDS GO, SOME OF THOSE FUTURE NEEDS, YOU KNOW, WE WILL ADDRESS ONCE IT, ONCE WE GET THERE. WE'RE LOOKING AT THE GROWTH FOR NEW ALBANY AND EVALUATING AND ESTIMATING WHAT WE THINK IT'S GOING TO LOOK LIKE AS FAR AS IF SOMEBODY WAS GOING TO, YOU KNOW, BUY A NEIGHBORING PROPERTY AND DECIDE THAT THEY WANTED TO PUT A LINE, YOU KNOW, PUT A BUILDING THERE, AND WE HAD TO FEED IT. SOME OF IT WOULD DEPEND ON THE SIZE OF THAT BUILDING. SOME OF IT'S GOING TO DEPEND ON THE LOAD THAT THEY'RE GOING TO LOOK FOR. IS THIS GOING TO BE A DISTRIBUTION LOAD? IS THIS GOING TO BE A TRANSMISSION LOAD. THERE'S A LOT OF QUESTIONS THAT HAVE TO BE DETERMINED. BEFORE WE COULD MAKE A DECISION OF WHAT ADDITIONAL TRANSMISSION LINES ARE GOING TO LOOK LIKE. A LOT OF THE COMMUNICATION THAT YOU EXPERIENCE THAT YOU RECEIVE RECENTLY I WAS INVOLVED WITH AS FAR AS COMMUNICATING THOSE BACK WITH YOU. SO I'M AWARE OF A LOT OF THOSE QUESTIONS. A LOT OF THE QUESTIONS THAT YOU HAD TO INITIALLY, I KNOW YOU MENTIONED THAT YOU DIDN'T FEEL LIKE WE RESPONDED FOR A WHILE. I THINK A LOT OF THAT HAS TO DO WITH TRYING TO FIGURE OUT EXACTLY WHAT WE'RE GOING TO DO. WE KNEW WE PURCHASED THE PROPERTY, BUT ARE WE YOU KNOW, THERE ARE CULTURAL SURVEYS AND ENVIRONMENTAL SURVEYS AND THINGS LIKE THAT THAT WE HAVE TO DO BEFORE WE CAN DECIDE, IS THIS EVEN GOING TO WORK? WE THINK IT'S GOING TO WORK, BUT IS THIS GOING TO WORK? AND SO WE DO HAVE TO DO SOME DUE DILIGENCE ON OUR SIDE BEFORE WE CAN ANNOUNCE A PROJECT TO THE PUBLIC. WE ARE HERE FOR YOU TODAY, YOU KNOW, TRYING TO GET APPROVAL. AND WE DO PLAN ON MAKING ADDITIONAL COMMUNICATIONS TO THE PUBLIC. SAME WITH THE TRANSMISSION LINES AS WELL. RIGHT NOW WE'RE JUST CONDUCTING FEASIBILITY STUDIES BECAUSE WE ARE STILL TRYING TO EVALUATE. WE DON'T WANT TO ANNOUNCE SOMETHING AND THEN TURN AROUND AND SAY NEVER MIND. WE'RE NOT GOING TO BE ABLE TO DO THAT.

SO WE DO HAVE A LOT OF STUDIES THAT WE HAVE TO DO BEHIND THE SCENES IN ORDER TO BE ABLE TO ANSWER A LOT OF THE QUESTIONS THAT YOU HAVE. YOU KNOW, OUR GOAL IS TO BE AS TRANSPARENT AS POSSIBLE, WHICH IS WHY WE'RE HERE TODAY. AND, YOU KNOW, ON OUR BEHALF TO TRY TO ADVOCATE FOR THIS. WE RECOGNIZE THAT NEW ALBANY IS GROWING, AND WE'RE TRYING TO DO OUR BEST TO MAKE SURE THAT WE CAN MEET THAT NEED AS A PUBLIC SERVICE TO THE COMMUNITY. I HOPE THAT ANSWERS YOUR QUESTION. ARE THE INITIAL QUESTIONS ONE OF THEM? OKAY. AND I GUESS WHAT I SAID BEFORE ABOUT THIS, JUST LOOKING LIKE THE AREAS AROUND JUDGE STREET AND BEACH WITH ALL THESE POWER LINES AND POLES, THAT IS GOING TO LOOK LIKE FIVE YEARS FROM NOW. I CAN'T PREDICT 100% WHAT IT'S GOING TO LOOK LIKE. I KNOW UNDERGROUND WAS SOMETHING THAT THAT YOU ASKED FOR, RIGHT? I WILL SAY, LIKE I SAID, I WILL PREFACE TO SAY I AM NOT AN ELECTRICAL ENGINEER. RIGHT? BUT I WILL SAY TWO THINGS WHEN IT COMES TO UNDERGROUND. ONE, UNDERGROUND TRANSMISSION LINES IS COMPLETELY DIFFERENT THAN UNDERGROUND DISTRIBUTION LINES. SO WHEN YOU SEE DISTRIBUTION LINES IN COMMUNITIES AS FAR AS NEIGHBORHOODS AND RESIDENTIAL DEVELOPMENTS, THAT'S A SMALLER WIRE. IT'S A LOT EASIER TO UNDERGROUND. WHEN YOU HAVE A 138 KILOVOLT TRANSMISSION LINE. IT'S GOING TO BE A LOT THICKER. IT'S GOING TO BE A LOT HARDER TO UNDERGROUND, JUST CONSTRUCTABILITY. IF SOMETHING GOES WRONG WITH IT, IT'S GOING TO BE HARDER TO FIND. AND WHEN TRANSMISSION LINES GO OUT OR HAVE AN OUTAGE, IT'S AFFECTING THOUSANDS OF PEOPLE. IT'S NOT AFFECTING JUST 1 OR 2 HOMES. SO IT'S GOING TO BE YOU'VE GOT THAT ISSUE THAT YOU HAVE TO TAKE INTO CONSIDERATION WHEN DETERMINING WHETHER OR NOT YOU'RE GOING TO UNDERGROUND. THE OTHER PIECE OF UNDERGROUNDING THAT YOU HAVE TO THINK ABOUT IS THE COST. IT'S VERY EXPENSIVE. WHO'S GOING TO PAY FOR IT? YOU KNOW, WE DO HAVE WE DO HAVE SOME SITUATIONS WHERE COMMUNITIES WILL CHOOSE TO UNDERGROUND DISTRIBUTION LINES. AND THEY HAVE, YOU KNOW, A RESIDENT HAS TO PAY FOR THAT TO BE UNDERGROUND. IF A, YOU KNOW, IF THE CITY OF NEW ALBANY REQUESTED FOR US TO UNDERGROUND AND WANTED TO PAY FOR IT, THAT IS SOMETHING THAT WE WOULD EVALUATE. BUT THERE IS STILL A LOT OF THINGS THAT WE HAVE TO CONSIDER. AS FAR AS LIKE I SAID, IF AN OUTAGE OCCURS, HOW QUICKLY IS IT GOING TO TAKE FOR US TO GET IT FIXED AND THINGS OF THAT NATURE? SO UNDERGROUNDING IS NOT TYPICALLY THAT SOMETHING THAT WE'RE LOOKING AT RIGHT NOW. WE'RE ONLY EVALUATING THE OVERHEAD FEASIBILITY FOR IT. SO I KNOW THAT IS SOMETHING THAT I DID WANT TO MAKE SURE THAT THAT I ADDRESSED. SO THE UNDERGROUND VERSUS OVERHEAD, THE GENERALLY SPEAKING, CORRECT ME IF I'M WRONG. THE PURPOSE OF THE SUBSTATION IS TO TAKE A VERY HIGH TENSION LINE, LIKE 138 KV AND KICK IT DOWN TO SOMETHING THAT YOU CAN TOSS AROUND THE NEIGHBORHOODS, LIKE 440 OR SOMETHING LIKE THAT, RIGHT? THEY EITHER INCREASE OR DECREASE THE VOLTAGE. CORRECT? RIGHT. SO ON THE DISTRIBUTION SIDE, SO THIS BASICALLY SAYS WE GO FROM TRANSMISSION TO DISTRIBUTION HERE BY KICKING THE VOLTAGE DOWN AND SPREADING IT OUT. OKAY. ARE YOU EXPECTING ON THE DISTRIBUTION SIDE TO ALSO BE OVERHEAD. OR IS THAT SOMETHING THAT CAN BE THAT'S COMPLETELY DIFFERENT. THIS IS JUST A TRANSMISSION RELATED SUBSTATION. SO I DON'T I CAN'T SPEAK TO THE DISTRIBUTION NEEDS THAT ARE IN THE AREA. I'M SORRY. SO THIS ONE'S JOB IS NOT DISTRIBUTION.

THIS IS A TRANSMISSION SUBSTATION TO MY UNDERSTANDING. OKAY. YEAH. MEANING WHAT?

[02:10:06]

IT'S A IT'S A BURIED LINE. IT'S AN UNDERGROUND ELECTRIC LINE RIGHT THERE. SO IT'S JUST AN EASEMENT FOR AN EXISTING BURIED LINE. SO THERE IS A LINE BURIED THERE? YES. AND IT'S A DISTRIBUTION LINE OF SOME SORT? YES. IS IT A PIECE? DO YOU GUYS KNOW IF IT'S A LINE? NO, IT'S NOT A LINE. IT'S AN EXISTING LINE. ALL RIGHT. SO, SO IN IN MY RESEARCH, YOU CAN BURY 138 KILOVOLT TRANSMISSION LINE. CORRECT. THERE'S. I'VE GOT A PAPER. IF ANYBODY'S INTERESTED, I'LL GIVE IT TO THEM. THAT IS A STUDY ON A COST ANALYSIS TO DO THAT. IT IS POSSIBLE TO DO THAT.

AND I'M THINKING THAT BECAUSE THEY CAME INTO THIS BUSINESS PART, IT ALREADY HAS THESE RESTRICTIONS THAT CABLES BE UNDERGROUND. NO, NOTHING ABOVE GROUND, NOT ANYWHERE THAT THEY OUGHT TO FOLLOW THAT SAME REQUIREMENT, EVEN THOUGH THEY MAY NOT HAVE TO BECAUSE THEY'RE A UTILITY. THEY'RE GOING INTO THIS BUSINESS PARK WANTING TO DO THIS. AND I THINK THAT EVERYTHING COMES WHATEVER GOOD THAT'S GOING INTO THIS THING, EVERYTHING THAT COMES OUT OF THIS SUBSTATION SHOULD BE THE SAME WAY. SO HOW ARE THEY GOING TO GET THIS POWER TO ALL THESE FUTURE DEVELOPMENTS THAT THEY THEY'RE THINKING OF? AND I'M THINKING THAT IT'S GOING TO TURN OUT TO BE TELEPHONE POLES AND TOWERS AND WIRES RUNNING EVERYWHERE OUT OF IT. UNLESS YOU GUYS PUT A REQUIREMENT ON THEM TO BURY THE LINES LIKE THE ORIGINAL TEXT WAS IN. AND THAT WAS THE FEEL OF THAT WHOLE THING. NOBODY ENVISIONED A 50 FOOT TOWER OR WHATEVER. THEY WOULD COME IN AND PUT IN THIS PLACE WITH POWER GOING OUT ALL OVER THE PLACE. THAT THAT DOESN'T EXIST ANYWHERE ANYMORE. OKAY. MORE QUESTIONS FOR THE APPLICANT. CAN YOU COMMENT ON THE NIGHTTIME LIGHTING? THE ONLY THING THAT I CAN SAY ABOUT THE NIGHTTIME LIGHTING IS THAT, YOU KNOW, WHEN YOU TAKE A PICTURE WITH YOUR PHONE, I DON'T KNOW IF ANYBODY HAPPENED TO SEE THAT.

I'M NOT ASKING YOU TO IMPEACH THE PHOTOGRAPH. I'M ASKING YOU TO TALK ABOUT WHY YOU LIGHT AT NIGHT. THE BIGGEST REASON WOULD BE FOR SECURITY PURPOSES. YOU KNOW, SAFETY PURPOSES. WE MAKE SURE THAT WE'RE LIGHTING IT SO THAT WE CAN, YOU KNOW, DETER PEOPLE FROM, YOU KNOW, COMING IN CONTACT WITH THEM AND THEY CAN SEE IT THAT THERE'S NO ISSUES THERE. I'D SAY SAFETY IS THE BIGGEST REASON WHY WE LIGHT OUR FACILITIES. OKAY. AND JUST KIND OF DO A FOLLOW UP THERE QUICK.

SO JUST REAL QUICK AT THOSE FACILITIES WE SAW ARE ANY OTHER, ARE THEY TYPICALLY LIT 12 HOURS AT NIGHT, 24 HOURS EVEN DURING THE DAY? ARE THEY JUST LIT FOR SIX HOURS AT NIGHT. DOES IT JUST DUSK? OKAY. AND THERE WERE SOME PHOTOS OF ACTUALLY SOME PRETTY BUILDINGS THAT ENCLOSED SOME OF THE EQUIPMENT. AND I DON'T KNOW WHERE THOSE PICTURES WERE TAKEN, BUT IS THAT EVEN AN OPTION? I KNOW THE COST WOULD HAVE TO BE ASTRONOMICAL, BUT IS THAT EVEN SOMETHING THAT'S BEEN CONSIDERED OR. I MEAN, I THINK THE I WOULD HAVE TO SAY NO. BUT IN CLOSING, A SUBSTATION OF THIS NATURE WOULD NOT BE SOMETHING THAT WOULD BE BENEFICIAL FOR THE RATEPAYERS THAT ARE ULTIMATELY GOING TO HAVE TO ACCUMULATE THE COST FOR THAT. THE SAME THAT THAT ANYBODY THAT BENEFITS FROM THE TRANSMISSION FACILITIES HAS TO PAY FOR IT. SO THE COST GETS SPREAD OUT. SO WE HAVE TO BE COGNIZANT OF WHAT THAT ESTIMATED COST. SAME THING WITH THE UNDERGROUND. IT'S COST PROHIBITIVE TO JUST JUST TO GO BACK ON MY QUESTION BECAUSE I WAS TAKING A NOTE. YOU SAID DAWN

[02:15:02]

CAN YOU START ON THE SOUTH END? IS THAT VIABLE? IS ALL OF THE PAD THE SAME AS FAR AS YOU GET YOUR CHOICE ABOUT WHERE YOU START AND WHICH WAY YOU GO? I DON'T KNOW. UNFORTUNATELY, WE DON'T HAVE THE CONSTRUCTION DETAILS AS TO WHERE IT'S GOING TO START. DO YOU GUYS KNOW IF IT'S IF THE WHOLE PAD IS TAKEN BY EQUIPMENT? OKAY. YEAH, I'M NOT SURE. IS IT A IS IT A CORRECT ASSUMPTION THAT YOU THAT TYPICAL BUILDING BUILD OUT OF SUCH A THING STARTS AT ONE END AND THEN PROCEEDS IN A PARTICULAR DIRECTION, PUTTING DOWN NEW PADS AS YOU GO OR EXTENDING THE PAD? IS THAT A TYPICAL CONSTRUCTION? UNFORTUNATELY, I DON'T KNOW. I'M SORRY. ALL RIGHT. OKAY. ANY PROBLEM WITH ALL LIGHTS BEING DOWNCASTING? I THINK THAT, YEAH, I THINK THEY ALREADY ARE. I THINK WE INCLUDED IN OUR APPLICATION THERE WAS INFORMATION ON THE LIGHTING THAT SHOWED THAT IT THERE WAS NOT GOING TO BE ANY LIGHTING THAT WAS GOING TO EXTEND BEYOND THE PERIMETER OF THE FENCE, A DIFFERENT, DIFFERENT PIECE.

DOWNCASTING SAYS THAT THE LIGHT EMITTING PART IS ALL SHADED BY SOMETHING ABOVE IT, SO THAT ALL THE LIGHT GOES DOWNWARDS AND DOESN'T GO UP IN THE SKY DIRECTLY. YES, THAT'S CORRECT.

THAT IS HOW IT'S DESIGNED. ALL RIGHT. OKAY, TO THE MIC. THEY ARE CONSIDERED DARK SKY APPROVED LIGHTS AS WELL. THANK YOU. OKAY. OTHER QUESTIONS OR COMMENTS FROM COMMISSION MEMBERS. VERY QUICKLY. IN THE LIGHTING AND SIGNING SECTION OF THE REPORT, DOES SAY THE APPLICANT SUBMITTED A PHOTOMETRIC PLAN SHOWING NO LIGHT SPILLAGE FROM THE PROPERTY LINES AND THE AND THE MOUNTING HEIGHT OF POLES AT 29FT. BUT I HAVE TO SAY, THE PHOTOGRAPH THAT THE NEIGHBOR SHOWED SEEMED TO SHOW A LOT OF LIGHT SPILLAGE FROM THE FROM THE FROM THE, FROM THE STATION THAT'S ACROSS TOWN.

I DON'T KNOW WHAT THE SIZE OF THOSE SUBSTATIONS ARE. I DON'T KNOW IF IT'S COMPARING APPLES TO ORANGES OR APPLES TO WHAT WE'RE PLANNING ON BUILDING HERE. SO UNFORTUNATELY I CAN'T I CAN'T SPEAK TO THE ONE OF THE ONE OF THE PROBLEMS I'M HAVING TONIGHT IS BOTH THE APPLICANT OR THE NEIGHBOR. AND THEN THE COMMISSION MEMBERS HAVE HAD A LOT OF QUESTIONS, AND NO DISRESPECT TO YOU OR THE REST OF YOUR TEAM, BUT THERE HAVE NOT BEEN ABLE TO BE ANSWERS GIVEN TO MANY OF THESE QUESTIONS. AND I FOR ONE, AS A COMMISSION MEMBER, I'M RELUCTANT TO VOTE FOR AN APPLICATION WHERE QUESTIONS WERE ASKED BY, AND THERE MAY BE MORE, I DON'T KNOW. WE HAVEN'T OPENED IT UP TO OTHER NEIGHBORS, AND YET THE ANSWER IS WE'RE NOT. WE DON'T KNOW BECAUSE THE RIGHT PEOPLE WHO MIGHT HAVE THE ANSWERS AREN'T HERE. SO I'M VERY UNCOMFORTABLE WITH THE SITUATION HERE. I UNDERSTAND YOU'RE A UTILITY AND YOU HAVE CERTAIN SPECIAL PRIVILEGES, IF THAT'S THE RIGHT WORD, BUT I THINK AT A MINIMUM, THE COMMUNITY IS ENTITLED TO ANSWERS TO THE QUESTIONS THEY HAVE AND THAT THE COMMISSION MEMBERS HAVE. SO THAT'S JUST MY COMMENT AT THIS POINT. AGAIN, NO DISRESPECT TO YOU OR YOUR TEAM, BUT NO, I UNDERSTAND AND WE WOULD BE MORE THAN WILLING TO PROVIDE FOLLOW UP FEEDBACK TO THE QUESTIONS THAT WE HAVE. YOU KNOW, THAT YOU ALL HAVE. THE PROBLEM IS, I, I FOR ONE, WOULD LIKE TO HAVE THE QUESTIONS ANSWERED BEFORE I VOTE AS OPPOSED TO AFTER. I AGREE WITH THAT TOO. WITHOUT THE ANSWERS, WE CAN'T DO IT. IT'S A THIS WOULD BE EITHER A TABLE TYPE SITUATION OR VOTE WITHOUT THE KNOWLEDGE, WHICH ISN'T A GOOD WAY. I WOULD PROBABLY LOVE TO SEE SOME TYPE OF RENDERING ALSO. THAT SHOWS THE LANDSCAPING AND POTENTIAL MOUNDING AND SETBACKS. AND JUST TO GET A LITTLE BETTER UNDERSTANDING WHAT THE NEIGHBOR WOULD BE LOOKING AT AND WHAT A CAR WOULD BE LOOKING AT AS THEY COME DOWN THE STREET.

I, I WAS EXPECTING TO SEE SOMETHING A LITTLE BIT MORE ALONG THOSE LINES. YEAH, I'LL JUST JUMP IN QUICKLY. I, I AGREE WITH A COUPLE OF THE COMMENTS THAT HAVE BEEN STATED HERE TONIGHT. I DO UNDERSTAND AND APPRECIATE SOME OF THE ANSWERS THAT YOU'VE GIVEN REGARDING LOADS, YOU KNOW, TIMELINES. YOU KNOW, WE DON'T KNOW WHO SOME OF THE END USERS MAY BE. YOU KNOW, SOME OF THAT I WORK FOR AT&T. SO I UNDERSTAND, YOU KNOW, FROM AN ECONOMIC DEVELOPMENT SOMETIMES WE DO NOT KNOW WHO THE END USER IS, WHAT KIND OF SERVICE THEY'RE GOING TO NEED, ETC. SO I DEFINITELY UNDERSTAND THAT THERE IS SOME UNCERTAINTY, SOME UNKNOWNS, BUT I THINK SOME OF THE JUST GENERAL QUESTIONS ABOUT LIGHTING. YOU KNOW HOW BIG THIS IS. YOU KNOW, SOME OF THE OTHER THINGS THAT I FEEL AND I THINK THE REST OF THE COMMISSION, IT SOUNDS LIKE FEELS AND FOR

[02:20:06]

AND THE WHOLE HERE'S OKAY, SO IT COMES IN AT 138 AND WE KICK IT DOWN TO SOME OTHER NUMBER. AND THOSE LINES ARE ONLY THIS FAR OFF THE GROUND AS OPPOSED TO THIS FAR OFF THE GROUND. AND THEY GO THIS WAY. THAT WOULD BE REALLY HELPFUL. I'LL OUT MYSELF. I HAVE A BACHELOR'S DEGREE IN ELECTRICAL ENGINEERING, AND I'M NOT HEARING THE ANSWERS I WAS EXPECTING. ALONG THAT LINE AND I DON'T DO POWER, BUT STILL, THERE'S STUFF MISSING IN THE Q&A PART. ONTO COMMISSION STUFF. ARE ARE WE AS THEIR PARTICULAR REQUIREMENTS ON US THAT WOULD NOT APPLY TO A REGULAR APPLICANT WHEN DEALING WITH A PUBLIC UTILITY HERE? YES. THEY HAVE MUCH GREATER FLEXIBILITY TO GO FORWARD AND YOU HAVE LIMITATIONS ON RESTRICTING OR IMPAIRING THEIR ABILITY TO CONSTRUCT. SO THAT'S ONE THING JUST TO BE COGNIZANT OF. IF YOU SAY NAY. ISN'T THERE A DIFFERENCE, THOUGH, BETWEEN WHEN I READ IN THE REPORT, IT TALKED ABOUT HOW THE UTILITY DOESN'T HAVE TO SEEK A VARIANCE ON CERTAIN RESTRICTIONS AND REQUIREMENTS THAT WE MIGHT PLACE ON WHAT YOU WERE JUST SAYING. BUT IN TERMS OF SITING IT THERE. DO THEY HAVE MORE RIGHTS TO PUT THEIR UTILITY STRUCTURES IN A SPOT THAN, SAY, A BUSINESS WOULD HAVE TO PUT A 75 FOOT BUILDING IN OR, YOU KNOW, UNDERSTANDING THAT WOULD TAKE A VARIANCE? BUT DO YOU SEE WHAT I'M KIND OF GETTING AT? NO.

GENERALLY SPEAKING, THE STATUTE SAYS THAT WE TALKS ABOUT THE CONSTRUCTION, LOCATION, LOCATION, USE OF THE PUBLIC UTILITY FACILITY. SO THEY HAVE PRETTY BIG LATITUDE TO PUT THAT IN THERE. BUT AGAIN, IS THAT BEFORE. IS THAT BEFORE WE GIVE THEM THE RIGHT TO PUT IT THERE, OR IS IT AFTER WE GIVE THEM THE RIGHT TO PUT IT THERE. WE CAN'T RESTRICT THEIR RIGHT TO PUT IT THERE. ALRIGHT. THAT THAT'S THE TROUBLE IS WE CAN'T UNREASONABLY RESTRICT IT. SO WHEN YOU START PUTTING RESTRICTIONS IN IT OR START PUTTING ADDITIONAL COST IN THERE AND A WHOLE HOST OF OTHER ISSUES, THAT'S WHERE THE PARTIES START TO ARGUE AND YOU END UP IN BUT THE COURT. BUT THERE IS A REASONABLENESS STANDARD THAT CAN BE APPLIED. YOU MENTIONED I WOULD SAY SO. IT SAYS MAY REASONABLY RESTRICT UNLESS THE PUBLIC UTILITY MEETS THREE CRITERIA, WHICH I THINK THEY HIT HERE. SO I THINK. IF YOU RESTRICT IT, WE'RE, WE'RE WE'RE GOING TO DEAL WITH AN APPEAL IN THAT SITUATION. I WOULD GUESS. SO SINCE THEY OWN THE PROPERTY THEY CAN PUT IT HERE. RIGHT. SO THAT'S THAT'S THE ISSUE NUMBER ONE THAT PROBABLY THE NEIGHBORS WANT TO WANT TO KNOW THE REAL ANSWER TO THIS. SINCE THEY BOUGHT THE PROPERTY THEY COULD PUT A SUBSTATION HERE. CORRECT.

THAT THAT SHIP HAS SAILED. OKAY. SHOULD THEY CHOOSE TO DO SO, IT'S IN THEIR RIGHTS BY STATE LAW AND THE FACT THAT THEY OWN THE PROPERTY. RIGHT. OKAY. IS THAT BECAUSE OF THE WAY THE PROPERTY IS CURRENTLY ZONED WITH THE. THAT'S THE WAY THE LAW WAS WRITTEN. YEAH. NO, TALK ABOUT THE LAW. I'M JUST TALKING ABOUT BECAUSE, FOR EXAMPLE, I DON'T THINK THEY COULD BUY MY NEIGHBOR'S HOUSE AND KNOCK IT DOWN AND PUT A SUBSTATION THERE, COULD THEY? THAT IT'S NOT IT'S ZONED RESIDENTIAL AND IT'S ALL RESIDENTIAL PROPERTY. BUT I DON'T THINK THEIR RIGHTS WOULD GO THAT FAR, WOULD THEY? SO THAT THERE'S A COMPONENT IN THERE WHERE THAT IT CAN'T UNREASONABLY AFFECT THE WELFARE OF THE GENERAL PUBLIC. SO IF YOU START PUTTING IN A IN YOUR NEIGHBOR'S BACKYARD, THEN MAYBE THAT AFFECTS THE GENERAL WELFARE OF THE PUBLIC BASED UPON THE LOCATION HERE, THOUGH, THAT MAY NOT BE THE CASE. SO IT IS A REASONABLE STANDARD, BUT IT'S I GET IT. YEAH. IT'S SO OKAY. AS LONG AS, YOU KNOW, WE TALKED ABOUT SOME TREE TREE COVERAGE THING. SO AS LONG AS THEY'RE DOING I GUESS WHAT'S, WHAT'S REASONABLE THAT'S THAT'S OKAY.

LIKE CAN WE SAY, HEY, WE WANT MORE TREES. WE WANT BETTER SCREENING. MOUNDING ANY OF THAT? I MEAN, YOU CAN SAY IT AND TALK WITH THEM ABOUT IT AND THEY CAN AGREE TO IT. THAT'S CERTAINLY

[02:25:04]

[02:30:03]

AND THAT THAT TREE IS TALLER THAN ANY OF OUR TREES. RIGHT. THAT THING'S FOUR FOOT. AND MY POINT IS, YOU FLY AROUND THAT TREE EVERY DAY. YOU FLY AS IT IS. OKAY. SO THAT 90FT IS NOT A YOU DON'T FIND 90FT PROBLEMATIC? YEAH. IT'S NOT IN MY FLIGHT PATH. OKAY. FROM MY RUNWAY. BUT WHEN I DO MY CROSS. YEAH. TO CHECK THE RUNWAY. WHEN I COME IN, I FLY REGULARLY. ALL RIGHT.

DO YOU. SO. ALL RIGHT. SO YOU'RE HAPPY, RIGHT? OKAY. I DO HAVE A FOLLOW UP FOR THE COST OF SCREENING. SHE MENTIONED THAT THESE COSTS ARE GOING TO BE PASSED ON IF. IF THEY HAVE TO DO EXTRA THINGS. YEP. THE TWO WAYS THEY CAN SCREEN THIS THING, THAT WOULD BE RELATIVELY INEXPENSIVE.

ONE IS WITH TREES LINED, THE THING AROUND THE TREES TO WHERE YOU CAN'T SEE THE EQUIPMENT THAT'S IN THERE JUST BY STAGGERING THEM AND DOING THAT. THE OTHER WAY IS USING BEAMS LIKE THEY DID ON 270 WITH THOSE PREFAB WALLS. SO I PUT A PUT AN H BEAM IN DROP ONE, TWO, THREE SECTIONS. ALL OF A SUDDEN THEY'RE UP 12FT, 15FT. SO IT WOULD BE SO KIND. MAKE SURE THOSE GET COMMUNICATED TO THE APPLICANT TO BE COMMENTED ON SO THAT THEY CAN COME PREPARED TO SAY WHICH THINGS MEET THEIR VERSION OF REASONABLE AND WHICH THINGS DON'T MEET THEIR VERSION OF REASONABLE. IT'S JUST THAT THERE WITH THEM COMING INTO THIS PARK THAT ALREADY HAS WAS APPROVED FOR PREVIOUS ZONING ORDINANCE FOR THESE THINGS TO EXIST. NOW THEY'RE COMING IN.

THEY WANT TO BE ABLE TO DO OTHER THINGS THAT WEREN'T IN THAT ORIGINAL ZONING. THAT'S WHY I'M SAYING THE THINGS I'M SAYING. THE OHIO POWER SITING BOARD AND OTHER LEGISLATION IS IN THE WAY HERE. THAT IS, YOU KNOW, WE WE'RE OUTVOTED ON SOME OF THAT STUFF. YEAH. OKAY. I JUST SAY THAT I THINK THERE'S SOME REASONABLE MEASURE THAT COULD BE DONE. AND IF THEY DID, THOSE THAT COULD BE ACCEPTABLE, DEPENDING ON WHERE THESE FUTURE TRANSMISSION LINES ARE GOING TO BE AND WHAT THEY'RE GOING TO LOOK LIKE. AND AGAIN, WRITE THEM DOWN. MAKE SURE THE APPLICANT HAS THEM SO THAT THEY CAN DECIDE WHETHER OR NOT THEY WISH TO COMMENT ON IT. THEY ALREADY DO, BUT I CAN DO THAT. THANK YOU. I JUST WANT TO SAY LAST THING TOO. IF WE APPRECIATE YOUR PARTNERSHIP IN NEW ALBANY AND WE UNDERSTAND THE NEED, AND SO I DON'T WANT YOU TO TAKE ANYTHING LIKE WE'RE MAD AT YOU GUYS. I WOULD JUST SIT UP HERE AND SAY, YOU KNOW, IT'S IN A IT'S IN A VISIBLE AREA. AND THE BEST YOU CAN DO TO MAKE IT LOOK NICE AND PRESENTABLE AND TREES WOULD BE, WOULD BE MY ASK. SO BUT I UNDERSTAND THERE'S A COST. I UNDERSTAND THAT, YEAH. WE HAMMERED ON SPEEDWAY FOR A SIGN FOR. YEAH. I WAS GOING TO SAY WE SPENT TWO HOURS WITH SPEEDWAY AND YOU KNOW, AND WHETHER THEIR SIGNS FIT 50FT■!S OR NOT. SO WEE NOT WE'RE NOT PICKING ON YOU.

YEAH. SO DO WE HAVE OTHER SPEAKER CARDS? YES. ANN. SERPA. ANNA. SORRY. YEAH. THIS IS GOING TO BE SHORT. I MEAN, UNLESS YOU. 68, 37 EAST WALNUT STREET, WESTERVILLE, OR 3081. I KNOW THE APPLICANT AND SOME COUNCIL MEMBERS MAY THINK THAT ONLY A HANDFUL OF US WILL BE IMPACTED, BUT IN REALITY, THE WHOLE COMMUNITY WILL BE NOW AND FOREVER MORE. THE PUBLIC SHOULD BE AWARE OF WHAT IS BEING PROPOSED. I'M AWARE OF THE 200 FOOT NOTIFICATION RULE THAT YOU GUYS HAD TO. NOTIFY A FEW OF US. I LOOK AT WHAT THE BUSINESS PARK WAS DESIGNED TO LOOK LIKE, WHICH IN MY OPINION IS A WELL DONE WITH SETBACKS, LANDSCAPING, AND BURIED LINES. WHY DO WE WANT TO SEE A SUBSTATION WITH HIGH TRANSMISSION TOWERS AND LINES? CHANGE THE LOOK THAT WAS REQUIRED FOR EVERY OTHER BUSINESS IN THE PARK AND IN SURROUNDING AREAS. PLEASE CONSIDER EITHER REJECTING THIS APPLICANT OR ON PUT IT ON HOLD, WHICH I'M HOPING THAT THAT'S ALREADY BEEN DECIDED. THANK YOU. YOU'RE WELCOME. THANK YOU. OTHER SPEAKER CARDS. JIM. TIERNEY.

JIM. TONY. SORRY, TONY. YES. MY NAME IS JIM. TONY. I REPRESENT THE PROPERTY TO THE NORTH AND WEST OF THE PROPERTY. OUR FAMILY HAS HAD THAT FOR A NUMBER OF YEARS, PROBABLY 50 PLUS. SO MY FATHER IN LAW LIVED THERE. BUT BRIEFLY, I JUST WANT TO SECOND WHAT CRAIG SAID. AND I WOULD

[02:35:12]

THAT. WELL, I THINK IF YOU LOOK INTO THE FUTURE, THE GROWTH IS GOING TO BE THAT WAY, BECAUSE THAT'S THE ONLY. PROPERTY THAT'S AVAILABLE TO DEVELOP FOR THE MOST PART. AND YOU'RE RIGHT. THE OWNER HAS TO ASK FOR IT. BUT IF A DEVELOPER WANTS TO COME ALONG BY AND BUY IT, THEN HE'S GOING TO WANT TO ANNEX TO THE CITY TO GET THE SERVICES. SO THE ANSWER IS THE GROWTH IS GOING TO BE THAT WAY AT SOME TIME, MUCH LIKE MUCH LIKE IT DID IN THE BEACH ROAD AND THE MINK ROAD AREA, THAT THAT CAME VERY QUICKLY. SO ANYWAY, TO ANOTHER POINT, I THINK THE PRESENTATION TONIGHT AND AGAIN, NO DISRESPECT TO THE PEOPLE THAT MADE THE PRESENTATION, BUT TO ME IT WAS VERY VAGUE AND I HAPPEN TO BE IN THE LANDSCAPE BUSINESS. WE DO DESIGN BUILD LANDSCAPES ON COMMERCIAL AND RESIDENTIAL, AND IN PARTICULAR IN NEW ALBANY. WHENEVER I DO A PLAN, IT HAS TO GO BEFORE THE ARCHITECTURAL REVIEW BOARD, WHICH IS VERY SPECIFIC IN HOW MANY PLANTS AND WHAT SIZE AND WHERE THEY'RE GOING TO BE LOCATED. AND I DON'T KNOW IF THAT HAS ANYTHING TO DO WITH UTILITIES, BUT CERTAINLY THEY SHOULD BE HELD TO THE SAME STANDARD THAT THE COMMERCIAL BUILDING WAS AT THE CORNER OF NEW ALBANY ROAD AND NEW ALBANY CONDIT ROAD. THERE'S A MOUND THERE THAT IS AT LEAST SIX FOOT TALL, AND IT'S COVERED WITH EVERGREENS. AND THE COMBINATION OF SHRUBS AND DECIDUOUS TREES. AND IF YOU'RE GOING TO IF YOU'RE GOING TO IMPACT THE VISIBILITY FROM A RESIDENTIAL NEIGHBORHOOD, THE DENSITY HAS TO BE PRETTY HIGH. AND YOU CAN ACHIEVE THAT WITH EVERGREENS. BUT IN THE CASE OF SHADE TREES, WHICH ARE NICE TO VARY THE PLANT MATERIAL ON THE SITE. THE DENSITY GOES DOWN IN THE WINTER TIME BECAUSE THE LEAVES FALL OFF. SO. SO ANYWAY, I THINK THERE HAS TO BE A LOT MORE. PUT INTO THE PLAN OF WHAT'S IN THE LANDSCAPE. HOW MANY PLANTS ARE GOING IN, WHAT'S THE DENSITY AND WHERE ARE THEY GOING? RATHER THAN THERE'S 41 OAK TREES AND SO MANY EVERGREENS. ANYWAY, I KNOW WE HAVE TO GO HOME SOMETIME TONIGHT. THANK YOU. IT'S BEEN RUMORED TO BE TRUE. AND TO THE APPLICANT ON THE THINGS TO BRING WITH YOU THE NEXT TIME. REVISED LANDSCAPE TO INCLUDE YOUR TREATMENT TO THE NORTH PROPERTY LINE WOULD BE A HIGH RUNNER. AND I STRONGLY RECOMMEND CHATTING WITH THE NEIGHBORS BECAUSE IT MAY. YOU MAY BUY A LOT OF GOODWILL RELATIVELY CHEAPLY WITH A LITTLE BIT OF DIRT MOVING. AND IF YOU HAVE TO MOVE DIRT AS IT IS MAKING A MOUND ON THE NORTH AND PUTTING TREES ON IT PROBABLY GOES A LONG WAY. IT BUYS YOU THE MOUND, IF THAT'S WHAT IT. CHAT WITH YOUR ENGINEERS ABOUT DRAINAGE, BUT YOU KNOW, OPACITY OF A MOUND IS WELL UNDERSTOOD. AND IT DOESN'T CHANGE SEASONALLY AND ADDS A THREE DIMENSIONAL EFFECT. AND FROM LOOKING AT THIS THERE'S TOPO LINES ON THERE. SO.

[02:40:06]

THAT'S WHAT THAT NOT LEVEL YOU'RE GOING TO PICK. ALPHA ELEVATION AND SAY THAT 2% DROP FROM NORTH TO SOUTH GOING TOWARD THE RETENTION POND. OKAY. SO YOU'LL MOVE A LOT OF DIRT TO EVEN THAT OUT. AND YOU MAY HAVE SOME TO SPARE. YEAH. ON THE, ON THE EASTERN SIDE OR THE RIGHT HAND SIDE, YOU GOT ABOUT AN AVERAGE OF A FOUR FOOT CUT. OKAY. AND THEN OVER ON THE LEFT HAND SIDE IT'S ABOUT AN AVERAGE OF A FOUR FOOT FILL. YEAH. IF SOMEBODY WITH A BACK OF AN ENVELOPE COULD SAY, OKAY, WE COULD FOR FREE GET A MOUND. THIS BECAUSE WE'RE ALREADY MOVING THE DIRT. WHEN WE BUILD THAT, THERE'S AN EXCESS OF DIRT TO COME ARMED WITH THAT BECAUSE IT'S NOT GOING TO COST YOU ANY ANY MORE. YOU'RE MOVING THE DIRT ANYWAYS. YOU JUST SAY RATHER THAN PUT IT IN A DUMP TRUCK, PUT IT THERE AND WE'LL PUT TREES ON IT AND CHAT WITH YOUR NEIGHBORS AND THE STAFF ABOUT HOW TALL WOULD A MOUND BE? THANK YOU. SURE. OKAY. UNCONFIRMED. I WANTED TO HEAR. I HAVEN'T YET. SO. REVISED LANDSCAPE MOUNTING SCREEN. OTHER MEMBERS FROM THE PUBLIC. THAT'S THE LAST SPEAKER CARD I HAVE. MISTER CHAIR, DID ANYBODY WHO DIDN'T TURN INTO SPEAKER CARD WISH TO SPEAK ON THIS? OKAY. LET ME GET BACK TO MY SCHEDULE. SO. WE'VE GOT DOCUMENTS AND STUFF TO GET INTO THE RECORD. THIS. SO I MOVED TO ACCEPT THE STAFF REPORT AND RELATED DOCUMENTS IN THE RECORD FOR FINAL DEVELOPMENT PLAN. OH FIVE 2025. LET ME MAKE SURE WE HAVE INCLUDING THE PICTURE OF PARSONS AVENUE. THANK YOU. AND THEN MR. STOVER AND MR. DAUBER'S PRESENTATION AS WELL. IS THE MOTION CLEAR? I'LL SECOND THE MOTION. I'LL SECOND THE MOTION.

ALL RIGHT. ANY DISCUSSION ON THE MOTION? CALL THE ROLL, PLEASE, MR. KIRBY. YES, MR. WALLACE? YES, MISS BRIGGS? YES. MR. LARSON. YES. MR. SHELL. YES. MOTION PASSES WITH ALL VOTES TO ADMIT THE DOCUMENT, INCLUDING THE PICTURE. AS SUBMITTED BY THE APPLICANT AND MR. PHOTOS. THANK YOU. TO THE APPLICANT. IS ONE MONTH ENOUGH TO GET MORE ANSWERS TO US. AND THEN WE CHECK WITH STAFF. WE'RE. WE COULD BE SHORT OF QUORUM NEXT 1717 WILL BE A QUORUM. YEAH. ALRIGHT. BEN AND I WERE JUST TALKING. AND IF IT'S OKAY WITH THE APPLICANT, WE COULD, LIKE, LEAVE IT A LITTLE BIT MORE OPEN ENDED, LIKE NO LONGER THAN 60 DAYS, JUST TO MAKE SURE YOU GUYS HAVE ENOUGH TIME TO. THAT'S A GOOD IDEA. GET EVERYTHING PREPARED. BUT YOU GUYS COULD COME BACK SOONER THAN THAT IF WE HAVE AVAILABILITY ON OUR MEETINGS. OKAY. OKAY. SO DO YOU WANT TO PICK A MEETING ON A DATE CERTAIN ABOUT 60 DAYS OUT? NO LATER THAN NO LATER THAN 60. SO PROBABLY EITHER THE APRIL APRIL INFORMAL OR THE APRIL REGULAR EITHER WOULD BE WORKABLE. I PRESUME WE'LL HAVE A QUORUM IN APRIL FOR BOTH MEETINGS. I BELIEVE SO. I SHOULD, I SHOULD. OKAY. SO. THE SEVENTH AND THE 21ST, I YES. OKAY. I MOVE WE TABLE FINAL DEVELOPMENT PLAN OH FIVE 2025 TO EITHER OF OUR APRIL MEETINGS, DEPENDING ON THE AVAILABILITY OF THE APPLICANT. TABLE. I'LL SECOND THAT TO APRIL. LET'S. DOES THE MOTION CLEAR? YES. ANY DISCUSSION ON THE MOTION? CAN YOU THE ROLL, PLEASE? MR. KIRBY? YES. MR. SHELL. YES. MISS BRIGGS. YES. MR. LARSON. YES.

MR. WALLACE. YES. THE MOTION PASSES WITH ALL VOTES IN FAVOR OF LAYING FDP ZERO FIVE 2025 ON THE TABLE UNTIL EITHER OF THE APRIL MEETINGS, DEPENDENT ON THE AVAILABILITY OF THE APPLICANT.

THANK YOU. LOOK FORWARD TO SEEING YOU AGAIN WITH MORE INFORMATION. THANK YOU. NOW I JUST WANT TO MAKE A QUICK COMMENT. I JUST WANTED TO THANK THE RESIDENTS. I KNOW THIS HAS

[02:45:01]

[VII. Other business]

ARE WE STILL GOOD TO KEEP GOING IN THE MEETING? YEAH. OKAY. YEAH. ALRIGHT, CRANK IT UP AND I WILL KEEP THIS SHORT. DO YOU HAVE ACCESS TO MAYBE GOOGLE EARTH SO WE CAN GET AN IDEA OF LOCATION? ABOUT A YEAR AGO, WE WERE BEFORE YOU FOR CONDITIONAL USE AND FINAL DEVELOPMENT PLAN APPROVALS FOR THE SOUTH EDGE. YEAH. SOUTH EDGE OF SPITZ MILL FOR MULTI-TENANT RETAIL CENTER.

THIS IS SOUTH OF THE HOME2 HOTEL, EAST OF PANDA EXPRESS. THAT'S GOING IN. AND TURKEY HILL. OKAY, SO WOODCREST WAY BORDERS THE WEST SIDE OF THE SITE OR THE NORTH WEST SIDE OF THE SITE, AND FOREST, THE EAST. SMITHSVILLE THE SOUTH. WAS THIS THE WAS THIS THE ONE FOR THE BANK WITH THE DRIVE THROUGH? CORRECT, EXACTLY. THANK YOU. RIGHT. SO DRIVE THROUGH IS EXACTLY WHAT WE'RE BACK TO TALK ABOUT. AND IN FACT, THERE WAS A CONDITION PUT ON THE APPROVAL THAT WE WOULD COME BACK WHEN, WHEN USERS COME FORWARD AT THE TIME, THE BANK TO THE SOUTH, WHICH IS STILL IN PLAY. AND ON THE NORTH, WE HAD PIAZZA. AT THE TIME, PIAZZA ONLY HAD A PICKUP WINDOW. WE WERE CONDITIONED TO ONLY HAVE A PICKUP WINDOW AT THAT LOCATION. THEY ARE NOW GONE IN THE. THE TENANT THAT IS INTERESTED AT THE MOMENT IS GRAETER'S. GRAETER'S. TODAY REQUIRES DRIVE THROUGH, FULL, FULL DRIVE THROUGH. SO THE MENU BOARD, SPEAKER POST ALL THAT. SO THE REASON I'M HERE INFORMALLY IS BEFORE WE GO THROUGH SOME EXERCISES AND FIGURING OUT TECHNICALLY HOW TO MAKE THIS HAPPEN, I WANTED TO GET YOUR INSIGHT AS TO IS THIS SOMETHING THAT YOU WOULD CONSIDER, YOU KNOW, AND TO WHAT EXTENT DO YOU THINK WE NEED TO WORK THROUGH SOLUTIONS ON DRIVE THROUGH TO MAKE MAKE SAID DRIVE THROUGH HAPPEN? GIVEN THE SIZE OF THE RESTAURANT, THE CALCULATION THAT WE WOULD GO THROUGH PER THE ORDINANCE, I THINK WE'RE ALLOWED STACKING OR WE HAVE STACKING OF NINE OR VARIANCE TO STACK NINE CARS BASED ON THE PIAZZA SIZE, BASED ON THE GREATER SIZE. WE'D HAVE TO HAVE A TEN CAR STACK, AND PHYSICALLY WE DON'T MEET THAT RIGHT NOW. GIVEN THE PHYSICAL LAYOUT OF THE SITE. OH, PERFECT. CHRIS, YOU GOT IT. SO ALSO, AS PART OF OUR MEETING, WE WERE ASKED TO MOVE THE PICKUP WINDOW AS FAR SOUTH TO THE LEFT AS WE COULD. IT IS IN THE LAST SPACE, SO CURRENTLY WE WOULD HAVE ENOUGH SPACE TO STACK NINE CARS THERE. WOODCREST WAY IS. IT'S A PRIVATE ROAD, YOU KNOW, DOESN'T SEE AS MUCH TRAFFIC. SO WE'RE NOT AS CONCERNED ABOUT BLOCKING THAT CURB CUT THERE. WHAT WE WOULD BE CONCERNED ABOUT OBVIOUSLY IS, IS CARS MAKING THEIR WAY OUT ONTO THAT PRIVATE ROAD DIRECTLY TO THE RIGHT OR THE NORTH OF THE END OF THE STACKS IS WHERE OUR DUMPSTER ENCLOSURE CURRENTLY RESIDES. SO WE WERE THINKING ABOUT, YOU KNOW, SIGNING AND MAYBE MARKING WAYFINDING ON THE PAVEMENT TO MAKE SURE THAT IF CARS WERE TO EXCEED THE STACKS, THEY WOULD DO SO, YOU KNOW, CURLING AROUND TO THE THE PAGE HERE SO THAT THEY STACK IN FRONT OF THE DUMPSTER ENCLOSURE. IN WORST CASE SCENARIO, STACK IN SOME OF THOSE SPACES THAT ARE FURTHEST AWAY FROM THE BUSINESSES AND LIKELY LESS TROUBLESOME. BUT IT WOULD BE AN INTERNAL PROBLEM AT THAT POINT AND NOT SOMETHING THAT BRANCHES OUT ONTO EVEN WOODCREST, WHICH IS A PRIVATE ROAD. IT CERTAINLY DOESN'T AFFECT FOREST IN THAT DRIVE THROUGH. IS STILL PLANNED TO FUNCTION AS AS IT WAS WHEN WE WERE HERE A YEAR AGO. SO I GUESS JUST GENERAL THOUGHTS. SO I DON'T KEEP YOU. AND OF COURSE WE'LL COME BACK WITH MORE INFORMATION BASED UPON, YOU KNOW, YOUR THOUGHTS AND

[02:50:03]

THANK YOU. I WAS JUST GOING TO SAY THAT IF YOU ARE GOING TO COME IN WITH AN APPLICATION FOR A DRIVE THROUGH AND REQUEST OF THE REQUIRES A VARIANCE TO GO FROM 10 TO 9. I WOULD STRONGLY SUGGEST YOU BRING SOMEONE IN THAT CAN TESTIFY TO THE HISTORIC, YOU KNOW, THE HISTORICAL INFORMATION YOU KIND OF GAVE US ANECDOTALLY. YUP. THAT WOULD, I THINK IF YOU WOULD NEED I WOULD WANT TO SEE SOME EVIDENCE OF SIMILAR TO WHAT SIMILAR TO WHAT YOU PROVIDED WAS THROUGH YOU NOT THE I DON'T THINK THE APPLICANT BUT ON THE BANK WHEN YOU KNOW THE POINT WAS IT'S A DIFFERENT TYPE OF BANK, RIGHT. ONLY GOING TO BE 1 OR 2 CARS A DAY. AND SO YOU KNOW.

SURE. SO ANYWAY, JUST A SUGGESTION. YEAH. AND A SORT OF WE'LL SOLVE THIS WITH STRIPING.

IT'S JUST TO A CERTAIN EXTENT THAT OKAY. SO WE'LL TURN THE CORNER. SO SHOW ME TRAFFIC PLAN OR STRIPING OR SOMETHING THAT SAYS THE PART THAT WE'RE ALLOWED TO COUNT BECAUSE IT'S ACTUALLY TOTALLY A DRIVE THROUGH LANE AND CLEARLY IS THIS. AND THEN THE STRIPES GO AROUND THIS WAY AND THEY'RE HASH MARKED HERE THAT SAYS DO NOT BLOCK RIGHT FOREST DRIVE AND THEN GOES PAST THE DUMPSTER. AND THERE'S A SIGN THAT SAYS, START YOUR LINE UP HERE, LINE UP HERE, GO FORWARD, TURN A CORNER, HIT THE DRIVE THROUGH. SURE. SO THAT IT'S AN INTEGRATED PLAN THAT HAS ALL YOUR MOTIONS AND YOUR CONFLICTS ALREADY THERE. AND YOU SAID, WELL, WE'VE GOT NINE IN THE FORMAL STACK AND FIVE MORE HERE BECAUSE WE KISSED OFF 2 OR 3 PARKING SPOTS SO THAT WE COULD DO THIS. OKAY. YOU'LL HAVE A MUCH STRONGER APPLICATION OR YOU'LL FIND OUT THAT. MAN, THIS REALLY, REALLY STINKS FROM TRAFFIC FLOW. AND YOU FIND OUT BEFORE YOU EVEN COME HERE. SURE.

ON THAT. YEAH, I CAN PROCEED. LITERALLY. IF SOMEONE SAYS I AM NOT GOING TO THE DAIRY QUEEN ONE MORE TIME, WE'RE GOING TO GRADERS, OKAY? OKAY. YOU KNOW, GETTING HAMMERED IN THE MIDDLE OF THE SUMMER, IF WE COULD SOMEHOW RECONFIGURE SO AS TO ELIMINATE VARIANCE. DOES THAT ALWAYS A GOOD THING? YEAH. OKAY. ALWAYS A GOOD THING. SO DO YOU THINK MAYBE THE NEXT STEP MIGHT BE TO COME UP WITH SOME STRATEGIES, A COUPLE DIFFERENT LAYOUTS, AND BRING THEM BACK INFORMALLY BEFORE WE GO FORWARD WITH A FORMAL VARIANCES ARE NOT WELL LIKED FROM THIS SIDE OF THE DAIS. OKAY. WONDERFUL. WE'VE SKETCHED THROUGH SOME IDEAS BUT WANTED TO, YOU KNOW, HAVE THIS CONVERSATION BEFORE WE BROUGHT ANYTHING GRAPHICALLY TO YOU. AND YOU HAVE A PRETTY ACTIVE COMMUNITY IN THE IMMEDIATE AREA THAT, LIKE ANDREA SAID, WAS NOT IN FAVOR OF DRIVE THRUS. RIGHT.

SO I WOULD IMAGINE YOU'D HAVE A FAIRLY LARGE TURNOUT IF YOU HAD THAT PROPOSAL. OKAY. AS WE GO

[02:55:01]

WE HAD A REQUEST FROM STAFF. THAT CITY CODE OR CODE AMENDMENT ON CODIFIED ORDINANCE 1154 GET TABLED. IS THAT RIGHT? THAT'S RIGHT. YEAH. SO WE'RE ACTUALLY LOOKING AT MAYBE ADDING ONE MORE MODIFICATION TO THAT CODE CHAPTER. WE'RE HOPING TO WE'RE WORKING THROUGH THAT RIGHT NOW.

AND WE HOPE TO COME BACK EITHER, YOU KNOW, IN MARCH PROBABLY SOMETIME WITH OUR FINAL RECOMMENDATION TO PLANNING COMMISSION. DO WE NEED A FORMAL MOTION TONIGHT ON THAT OR DO WE JUST LET IT SIT? ANYTHING. YEAH. I THINK JUST LETTING IT SIT IS FINE. OKAY. ITEM THREE IN OTHER BUSINESS IS 1155. YEAH. SO THIS IS A CODE UPDATE TO 1155 AND 1171. SO WE HAVE SEAN ARDEN JOINING US AGAIN FROM MH. AND AGAIN HE IS THE DIRECTOR OF WATER RESOURCES AT MH. HE HAS OVER 25 YEARS EXPERIENCE AND HIS GUIDING THE STAFF WITH HIS EXPERTISE THROUGH THIS CODE UPDATE. SO SINCE THE WORKSHOP IN FEBRUARY, THE CITY STAFF, ALONG WITH SEAN, WE'VE TAKEN THIS PROPOSED CODE UPDATE THAT WE'RE PRESENTING TO YOU TONIGHT. AND WE HAVE TAKEN THAT THROUGH AND GOTTEN ODNR APPROVAL. SO THE OHIO DEPARTMENT OF NATURAL RESOURCES, THEY DO HAVE SOME AUTHORITY OVER ALL FLOODPLAIN CODES IN THE STATE OF OHIO. THEY ENSURE THAT IT IS IN LINE WITH ALL OF FEMA'S REGULATIONS. SO WE DO HAVE THAT APPROVAL FROM THEM AT THIS POINT. AND TONIGHT, WE ARE ASKING FOR A FORMAL RECOMMENDATION FROM THE PLANNING COMMISSION FOR THIS. 1155 AND 1171 CODE UPDATES. AND SEAN'S HERE TODAY. THIS IS A VERY DENSE AND TECHNICAL CODE REQUIREMENT.

AGAIN, THE GOAL IS TO LESSEN THE AMOUNT OF VARIANCES BECAUSE BASED ON THESE NEW FEMA FLOODPLAIN MAPS THAT WERE JUST RELEASED, WE THINK THIS IS GOING TO CREATE A SLEW OF VARIANCES.

SO THIS IS THE OVERALL ARCHING GOAL IS TO MAKE SURE THAT IT'S STILL WITHIN FEMA REGULATIONS.

DEVELOPERS STILL ARE DOING THE RIGHT THING AND HAVE TO MEET ALL THE STATE REQUIREMENTS, BUT IT'S BECOMING MORE OF A TECHNICAL EXERCISE THAN A VARIANCE EXERCISE. AND I'LL HAND IT OFF TO SEAN HERE TO GIVE YOU AN OVERVIEW AGAIN OF WHAT THESE WHAT THIS CODE UPDATE IS DOING.

OKAY. GOOD EVENING. MEMBERS OF THE COMMISSION. SEAN ERDEN WITH THE MH INC, 5500 NEW ALBANY ROAD. SO I HAVE THE SLIDE DECK THAT WE WENT THROUGH A COUPLE OF WEEKS AGO, AND I'M GOING TO LEAVE IT TO YOU. I KNOW WE'RE GETTING LATE IN THE EVENING SO WE CAN GO THROUGH THE SLIDES AGAIN, OR WE CAN SKIP THE QUESTIONS IF YOU WANT. BUT AND HIGHLIGHTS, WE'RE LOOKING AT TWO CHAPTERS OF CODE 1155, WHICH IS THE FLOOD CODE, AND THEN 1171 SUBSECTION 0.03, WHICH TIES TO THE RIPARIAN AREA PROTECTION LANGUAGE. AND AGAIN, THE GOALS FOR THIS EFFORT WERE ELIMINATING THE AMBIGUITY AND THE CONFLICTING LANGUAGE THAT WE SAW BETWEEN THOSE SECTIONS.

CLARIFYING AND STREAMLINING THE PROCESS FOR APPLICANTS SO THEY KNOW EXACTLY WHAT REGULATIONS ARE THEY NEED TO HIT FOR THEIR PROJECTS. AGAIN, REMOVING THE STANDARDIZATION WITH THE STATE MODEL CODE. THE STATE MODEL CODE. THE CURRENT VERSION CAME OUT IN 2019, AND THE CITY'S CURRENT FLOOD CODE WAS ADOPTED AROUND 2016. SO IT'S A LITTLE BIT AHEAD OF THE CURRENT MODEL CODE. AND THEN, AS STEVE MENTIONED, TYING IN THE CODE TO THE NEW MAPS HAVE JUST COME OUT IN LICKING COUNTY. I'M GOING TO ASK THE COMMISSION. I CAN GO THROUGH THE SLIDES OR WE CAN SKIP THE QUESTIONS IF YOU WANT. TWO QUICK QUESTIONS BEFORE I JUST I HAVE A COUPLE QUESTIONS.

SO I LOOK BACK AT THE MINUTES FROM LAST MEETING AND THEN LOOKED AT THE MATERIALS WE GOT TODAY. SO I THOUGHT I SAW IN THE MINUTES THAT ONE OF THE GOALS WAS TO TAKE THE RIPARIAN LANGUAGE OUT OF 1155 AND PUT IT IN 1171. BUT WHEN I WENT TO THE CODE TODAY TO SEE WHAT IT LOOKED LIKE IN 1155, I COULDN'T FIND IT. SO I BECAUSE BECAUSE I GOT THE IMPRESSION THAT WHAT'S IN 1171 NOW, THE RED LINE THAT'S NOW IN 1171 USED TO BE IN 1155, BUT I COULDN'T FIND IT. NO, THERE WAS SOME LANGUAGE IN THE CURRENT VERSION OF 1155, AND I DO HAVE A COPY HERE. BECAUSE I

[03:00:04]

1107 BECAUSE IT'S 1171 IS THIS, I MEAN? 1155 I MISSPOKE. OH, SORRY. YEAH, I MISSPOKE. YEAH, YEAH YEAH, YEAH. WE YEAH I GUESS IT IT WE DEBATED THAT AND WE THOUGHT THERE WAS JUST SO MANY CHANGES IN WHAT, THE RENUMBERING. WHEN WE LOOKED AT IT FROM A RED LINE VERSION, IT ALMOST FELT TOO CONFUSING. SO YEAH, WE APOLOGIZE ABOUT THAT. THAT'S OKAY. AND PART OF THAT'S ON ME, BECAUSE I DIDN'T LOOK AT IT IN ENOUGH TIME TO CALL YOU AHEAD OF TIME. BUT SO IT'S A LITTLE DIFFICULT TO FIGURE OUT EXACTLY WHAT WE'RE CHANGING, OTHER THAN I TRUST I TRUST YOU, RIGHT? OKAY. I THINK THAT'S ALL I HAD ON 1155, BUT. 1170 1171 I DID HAVE SOME QUESTIONS ABOUT THIS, AND I KNOW IT'S LATE, SO MAYBE THIS IS GO FOR IT, BUT IT RIPARIAN AREA IS THE DEFINITION.

BUT WE STILL TALK ABOUT RIPARIAN CORRIDOR. CORRECT. 1171 IT STRUCK ME THAT MAYBE THEY SHOULD BE THE SAME. ISN'T IT THE SAME THING? IT'S THE SAME THING. SO, I MEAN, I THINK I, I THINK USING DIFFERENT TERMS FOR THE SAME THING IS CONFUSING. BUT SO I WOULD CHANGE. IN 1171 RIPARIAN CORRIDOR TO RIPARIAN AREA. SO NOBODY LOOKING AT THIS GETS CONFUSED. THEN. WHERE ELSE DID I HAVE. LET'S SEE. THE 1171 TALKS ABOUT IMPACTS AND THAT'S NOT DEFINED. SO IT WASN'T 100% SURE WHAT AN IMPACT IS OR AN IMPACT WOULD BE ANY ENCROACHMENT INTO THAT RIPARIAN AREA THAT'S TO BE PROTECTED. THE RIPARIAN CORRIDOR. SO THE 100 FOOT CORRIDOR THAT FOLLOWS ALONG THE STREAM CHANNEL ANY ENCROACHMENT INTO THAT AREA. SO I THINK IT WOULD BE HELPFUL TO KNOW WHAT THAT IS WHEN YOU WHEN YOU READ THE CODE. AND THEN I GUESS THE OPPOSITE. THAT IS WHEN YOU LIST IN THREE. THOSE ARE THE TYPES OF IMPACTS THAT ARE OKAY. RIGHT. BUT IF THAT WASN'T SUPER CLEAR EITHER FROM THE LANGUAGE, I THINK YOU HAD TO THINK ABOUT IT FOR A SECOND TO TRY TO FIGURE THAT OUT. SO THAT IT I LIKE DEFINITIONS. I'M A LAWYER AND I LIKE I LIKE DEFINITIONS. AND, YOU KNOW, WHEN I WAS TRYING TO GO FROM DEFINITION, I, I COULDN'T WITH WITH THE WAY THIS IS CURRENTLY SET UP. SURE. AND THEN THERE'S A REFERENCE IN C TO SHALL BE PRESERVED TO THE EXTENT

[03:05:11]

THE INTENT IS THAT THE OWNER PRESERVES THE LANGUAGE. EXCUSE ME, PRESERVES THE CORRIDOR, BUT IF THEY HAVE ENCROACHMENTS THAT NEED TO BE PERFORMED, THEN THEY HAVE TO LOOK AT THIS PERMISSIBLE LIST UNDER ITEM THREE. AND IF THEY HAVE SOMETHING THAT'S UNDER ITEM THREE, THAT'S NOT IF THEY HAVE AN ENCROACHMENT THAT'S NOT LISTED EXPLICITLY UNDER ITEM THREE. BUT IT'S STILL IS REASONABLE BASED ON THE PROJECT SITUATION. WE HAVE A CATCH ALL AT THE END THAT THE CITY ENGINEER HAS SOME LATITUDE TO MAKE THAT DETERMINATION. THE WAY THE CODE CURRENTLY READS IS THAT ALL RIPARIAN CORRIDOR AREAS MUST BE PRESERVED. PERIOD. FULL STOP. RIGHT? THAT'S PRETTY MUCH ALL I HAD. DO ALL STREAMS THEN CREATE A RIPARIAN AREA? SO IF YOU RECALL, I DON'T KNOW IF WE CAN SKIP. ACTUALLY, I HAVE THE. SKIP AHEAD HERE. WE HAD THIS MAP LAST TIME.

WE CHANGED THE DEFINITION OF WHEN THE RIPARIAN AREA WOULD COME INTO EFFECT. WE'RE GOING AWAY FROM THE 50 ACRE THRESHOLD, BECAUSE THAT DOESN'T HAVE MUCH OF THE SCIENTIFIC BASIS TO IT.

INSTEAD, WE'RE GOING TO THE USGS DEFINED BLUE LINE STREAMS, WHICH WOULD BE A PERENNIAL OR AN INTERMITTENT STREAM. OKAY. SO THAT'S THAT'S IN HERE. YES. OKAY. ALL RIGHT. AGAIN, THE RED LINE WOULD KIND OF HELP BECAUSE I COULD HAVE SAID, ALL RIGHT, THAT'S ALL. I HAVE JUST A COUPLE SUGGESTIONS. WORK WITH STAFF ON THOSE DEFINITIONS. APPRECIATE THAT. YEAH. ARE WE READY TO MAKE OTHER QUESTIONS OR COMMENTS? THERE IS NO ONE. I GUESS I WAS THE ONLY ONE. IT'S TOO LATE IN THE EVENING FOR ME TO MY A GAME ON. SO YOU GUYS WANT A RECOMMENDATION TO THE COUNCIL ON THAT? YES, PLEASE. OKAY. DO I HEAR A MOTION FOR OR 1155 AND 1171? HOW DO WE DEAL WITH THE SUGGESTIONS THAT I MADE? YOU MENTIONED YOU WERE GOING TO TALK TO STAFF ABOUT. YEAH, IF YOU WANT TO, IF YOU WANT TO RECOMMEND A COUNCIL WITH THE AND THAT INCLUDES THE COMMENTS THAT WERE DISCUSSED TONIGHT. YEAH. WE CAN WORK WITH SEAN TO INCORPORATE THOSE. YEAH. REVISE IN ACCORDANCE WITH THE COMMENTS MADE TONIGHT. YES. I'LL MOVE TO RECOMMEND TO COUNCIL. CAN WE DO THEM BOTH TOGETHER? 1155 AND 1171. I THINK SO MOVE TO RECOMMEND TO COUNCIL THE CHANGES TO OR THE CITY CODE AMENDMENT TO CO 1155 AND 1170 103, SUBJECT TO THE DISCUSSION AND COMMENTS THAT WERE MADE AT THE COMMISSION HEARING, TO BE DISCUSSED WITH STAFF AND ADDRESSED PRIOR TO GOING TO COUNCIL FOR A SECOND. SECOND. ANY DISCUSSION ON THE MOTION? OKAY. ROLL, PLEASE. MR. WALLACE? YES, MISS BRIGGS? YES, MR. KIRBY? YES, MR. SCHELL? YES. MR. LARSON. YES. MOTION PASSES WITH ALL VOTES TO FAVORABLY RECOMMEND THE AMENDMENTS TO 1155 AND 1170 103, SUBJECT TO THE SUGGESTIONS AND COMMENTS MADE TONIGHT. THANK YOU ALL, MEMBERS, FOR COMMENTS. SARAH. NOTHING FOR ME NOW. NO COMMENT. THANKS, DAVE. HAVE ABOUT 20 MINUTES OF COMMENTS AND I WANT TO DO JUST WAIT TILL AFTER I PUT ON THE GAVEL. YEAH. VERY GOOD

* This transcript was compiled from uncorrected Closed Captioning.