[I. Call to order] [00:00:03] COMMISSIONER. ALL RIGHT. I'D LIKE TO CALL TO THE PLANNING COMMISSION MEETING FOR MONDAY, JULY 21ST. COULD WE GET THE ROLL, PLEASE? MR. KIRBY? PRESENT, MR. WALLACE. PRESENT, MR. SHELL. PRESENT. MR. LARSON. PRESENT. MISS BRIGGS HERE. COUNCIL MEMBER WILTROUT PRESENT. ALL VOTING MEMBERS ARE PRESENT. WE HAVE A QUORUM. THANK YOU. TAKES US TO ITEM THREE. ACTION [III. Action on minutes: June 16, 2025] ON THE MINUTES FROM JUNE 16TH. ARE THERE ANY CORRECTIONS TO THE JUNE 16TH MINUTES? NOT FROM ME. NONE FOR ME. KNEEL DOWN HERE. DO I HEAR A MOTION ON THE MINUTES FROM JUNE 16TH? I'LL MOVE TO APPROVE THE MINUTES FROM THE JUNE 16TH, 2025 PLANNING COMMISSION MEETING TO HEAR A SECOND. I'LL SECOND ANY DISCUSSION ON THE MOTION. OKAY. THE ROLL PLEASE. MR. SHELL? YES, MR. LARSEN? YES, MR. WALLACE. YES, MISS BRIGGS. YES, MR. KIRBY? YES. MOTION PASSES WITH ALL VOTES TO APPROVE THE MINUTES AS SUBMITTED. ARE THERE ANY ADDITIONS OR CORRECTIONS TO THE AGENDA? NONE FROM STAFF. THANK YOU. WOULD EVERYONE WHO WISHES TO ADDRESS THE COMMISSION TONIGHT PLEASE RISE? YEAH. YOU'RE GOING TO GET UP. OKAY. DO YOU SWEAR TO TELL THE TRUTH AND NOTHING BUT THE TRUTH? YES. ALRIGHT. AND NOW LET US ALL SILENCE OUR PHONES. TAKES US TO ITEM FIVE, HEARING OF VISITORS FOR ITEMS THAT ARE NOT ON TONIGHT'S AGENDA. DO WE HAVE ANY VISITORS? HAVING NONE, WE MOVE ON TO OUR CASES. OUR FIRST CASE IS FINAL PLAT MODIFICATION 51 HAWKSMOOR. CAN WE HEAR FROM STAFF, PLEASE? DID HE HAVE SOME? WHAT? OH, THE EARLIER ITEM WAS FOR VISITORS WHO HAD SOMETHING THEY WANTED TO BRING UP. THAT WAS NOT ON TONIGHT'S AGENDA. YES. I SIGNED MY CARD WITH THAT. IS THAT ONE OF THE CASES OR IS THAT SEPARATE? IT DOESN'T, MR. [V. Hearing of visitors for items not on tonight's agenda] CHAIRMAN. IT DOESN'T SAY WHAT YOU, MR. SWANSON. IT DOESN'T SAY WHAT YOU'D LIKE TO SPEAK ABOUT. BUT YOU CAN IF YOU WANT TO SPEAK ABOUT SOMETHING ON THE AGENDA, YOU'RE WELCOME TO OR NOT ON THE AGENDA WOULD BE RIGHT NOW ON THE AGENDA FOR THAT. YEAH. I WOULD LIKE TO MAKE A FUSS TO BE. SO ONE POINT TO. MENTION IS BASED MAINLY ON THE WRITING OF A PROFESSOR OF DENISON NAMED ALAN MILLER. I DON'T KNOW IF YOU'RE FAMILIAR WITH HIM OR NOT, BUT HE PUBLISHED TWO ARTICLES ABOUT THE PURCHASE OF LAND IN GRANVILLE BY THE NEW ALBANY COMPANY TO DRILL FOR WATER FOR THE INTEL PLANT. AND THIS IS PRETTY CONTROVERSIAL IN TERMS OF AT LEAST THE REPORTING IN TERMS OF AFFECTING THE DRINKING WATER SUPPLY OF GRANVILLE, ALEXANDRIA, SAINT ALBANS TOWNSHIP IN THAT AREA. SO THE REASON I, I FIND IT'S INTERESTING BECAUSE THIS IS A 2025 AND THIS INTEL PLANT, I DON'T KNOW EXACTLY WHEN IT WAS STARTED, BUT THE PLANNING GOES BACK TO AT LEAST 2021 AND CERTAINLY 2022, I THINK WAS A GROUNDBREAKING. SO HERE WE ARE, 2025, AND WE'RE STILL LOOKING FOR WATER FOR THE INTEL PLANT. YOU KNOW THIS IS AMAZING I CAN'T UNDERSTAND THIS. SO THEY'RE GOING OUT TO GRANVILLE WHICH IS WHAT, 13 MILES AT LEAST? I THINK I'D WRITE IT IN THE DAY, BUT SOMETHING LIKE THAT TO DRILL FOR WATER FOR INTEL. AND I DON'T UNDERSTAND. HOW DO YOU PLAN FOR A MASSIVE PLANT LIKE THAT WITHOUT KNOWING THAT YOU HAVE ENOUGH WATER? WHY? WHY ARE YOU WHY THREE YEARS LATER, FOUR YEARS LATER, ARE YOU DIGGING AROUND TRYING TO FIND MORE WATER? I MEAN, IT SEEMS LIKE THAT QUESTION SHOULD HAVE BEEN ANSWERED AT THE VERY BEGINNING. I THINK THAT'S THE ESSENCE OF PLANNING IS TO, YOU KNOW, KNOW WHAT YOUR NEEDS ARE AND WHETHER YOU HAVE THE MEANS TO SUPPLY THOSE NEEDS. SO I FIND THIS JUST RATHER ASTOUNDING, JUST TO KNOW SOME INTERESTING THINGS ABOUT THAT. ONE IS THE LAND WAS PURCHASED, AS I CAN TELL BY THE NEW ALBANY COMPANY, BUT THE CITY OF NEW ALBANY IS THE ONE WHO APPLIED TO DRILL THE PERMIT FOR THE WELL, YOU KNOW, AND I DON'T UNDERSTAND THAT RELATIONSHIP, YOU KNOW, WHY IS IT WHY IS ALBANY COMPANY BUYING LAND FOR THE CITY OF ALBANY? FOR WATER FOR AN INTEL PLANT? I DON'T KNOW. SO ANYWAY, THIS INTEL PLANT, IF IT EVER GETS BUILT, WILL. CONSUME AT LEAST A MILLION [00:05:10] AND A HALF GALLONS OF WATER A DAY. AND. THE QUESTION IS WHETHER THAT CAN BE PROVIDED OR NOT. I'M NOT SURE THAT QUESTION HAS BEEN ANSWERED. AND THE OTHER THING IS THIS BEING BUILT FOR ALL THESE DATA CENTERS, AND I DON'T KNOW HOW MANY DATA CENTERS ARE BEING BUILT IN ALBANY. CAN ANYBODY ANSWER THAT QUESTION? WE CAN'T. BUT THE COUNCIL WOULD BE BETTER. THESE ARE. HI. I DIDN'T CATCH YOUR NAME. I'M SO SORRY, MIKE. MICHAEL SWANSON. NICE TO MEET YOU. I'M ANDREW WILTROUT. I'M ONE OF THE COUNCIL MEMBERS HERE FOR NEW ALBANY. YOU'RE THE QUESTIONS YOU'RE ASKING ARE, YOU KNOW, VERY INTERESTING. AND I UNDERSTAND WHY YOU WANT TO GET ANSWERS TO THEM. THIS IS THE PLANNING COMMISSION HERE TONIGHT. WE'RE TALKING ABOUT ZONING AND SORT OF VARIANCES THAT MIGHT NEED TO HAPPEN IN CODE CHANGES. I WOULD LOVE TO GET YOUR CONTACT INFORMATION SO WE CAN GET SOME INFORMATION TO YOU. WE CAN CONNECT YOU WITH SOMEBODY WHO CAN ACTUALLY ANSWER THESE QUESTIONS. YOU'RE ALSO WELCOME TO COME TALK TO CITY COUNCIL. WE MEET ON THE SECOND AND FOURTH TUESDAY OF EVERY MONTH. IF YOU WANT TO TALK TO THE MAYOR AND THE FIVE OTHER COUNCIL MEMBERS AND TALK ABOUT THESE QUESTIONS IN PUBLIC, EITHER IS GREAT. JUST LET ME KNOW. BUT THIS IS THE PLANNING COMMISSION ONLY. YES. A PART OF YOUR CONCERNS WOULD GO THROUGH HERE, BUT THERE'S A LOT OF OTHER PLAYERS IN HOW THINGS WORK. SO NICO, BUYING LAND WE DON'T KNOW ABOUT NICO DOING SOMETHING ON BEHALF OF THE CITY THAT DOESN'T INVOLVE REZONING THAT PROPERTY. WE DON'T HEAR IT. SO THE THINGS YOU MENTIONED ARE OUTSIDE OUR PERIMETER. AND FOR THE ONES THAT ARE CLOSER, LIKE WHY DID WE VOTE TO ZONE INTEL? THE ASSURANCES WERE THAT THE CITY OF COLUMBUS, WHO PROVIDES THE CITY OF NEW ALBANY, ALL THEIR WATER, HAD SUFFICIENT MEANS TO SUPPLY THE PLANT. THAT WAS PART OF DUE DILIGENCE THAT WAS RUN BY INTEL, AND I'M SURE IT WENT THROUGH STAFF AS WELL. THAT CITY OF COLUMBUS DIDN'T POP UP AND SAY, NO, YOU CAN'T DOESN'T MEAN YOU KNOW MORE MORE WATER THAN YOUR CONTRACT TO ALLOW TO HAVE. SO COLUMBUS SUPPLIES ALL OF OUR WATER. OKAY. THAT'S PART OF THE AGREEMENT. SINCE THE EXPANSION OF THE VILLAGE IN THE 80S WAS OKAY, THAT I UNDERSTAND THAT. I DON'T UNDERSTAND THAT BECAUSE THIS IS NOT THE CITY OF COLUMBUS, YOU KNOW. YEAH. IN MY IN WHAT LITTLE I CAN TELL FROM THE INTERNET. THERE WERE WILL THERE ARE WILL SOON BE SEVEN DATA CENTERS IN NEW ALBANY. WHICH ARE THESE MASSIVE BUILDINGS THAT CONSUME TREMENDOUS AMOUNTS OF WATER AND ELECTRICITY. AND IF THEY CAN'T PROVIDE WATER FOR INTEL, THEY HOW ARE THEY GOING TO PROVIDE WATER FOR ALL THESE DATA CENTERS? YOU KNOW, THIS IS AND THE ELECTRICITY, I MEAN, BASICALLY, YOU KNOW, THE OTHER QUESTION I HAVE TO ASK IS WHAT ARE THE PRIORITIES HERE ARE THE PRIORITIES OF PEOPLE THAT LIVE HERE. AND HAVING WATER, ELECTRICITY FOR THEIR HOMES OR THE PRIORITIES PROVIDING WATER, ELECTRICITY FOR INTEL, AMAZON, GOOGLE AND META, ETC, ETC. YOU KNOW, THAT'S THAT REALLY CONCERNS ME BECAUSE SAY YOU DO HAVE THESE BROWNOUTS OR WHATEVER, YOU KNOW, WHO'S WHO'S GOING TO SUFFER FROM THAT? ARE THEY GOING TO TURN OFF ELECTRICITY FOR INTEL OR AMAZON? I DOUBT IT, I THINK THE HOMES WILL BE TURNED OFF FIRST. YOU KNOW, UNLESS YOU HAVE A GENERATOR, YOU KNOW, FORTUNATE ENOUGH TO HAVE A GENERATOR. WELL, I DON'T KNOW. I THINK THE WHOLE THING IS REALLY DISCONCERTING FOR A LOT OF REASONS. I DON'T KNOW HOW ALL YOU FEEL ABOUT THIS, BUT I WORK IN NEW ALBANY, SO I KNOW THE TERRITORY BETWEEN I MEAN, I WORK IN I LIVE IN ALBANY, I WORK IN GRANDVIEW. I DIDN'T I'M SORRY. I DIDN'T CATCH YOUR ADDRESS. WHAT IS YOUR ADDRESS? I'M SORRY. WHAT'S YOUR ADDRESS? 7758 WEST CROSS DRIVE. 7758. OKAY. AND ANYWAY, SO I KNOW THIS LANDSCAPE. I DRIVE IT BY DIFFERENT ROADS EVERY DAY, YOU KNOW, AND WE'RE WE'RE BUILDING THESE MASSIVE BUILDINGS. WE'VE DEFORESTED A TREMENDOUS AMOUNT OF LAND ECOLOGICALLY. WE'VE DESTROYED EVERYTHING FROM HERE TO JOHNSTOWN. YOU KNOW, WITH ALL THESE BUILDINGS, WITH ALL THE DEFORESTATION, WILDLIFE ERADICATION, ETC. DON'T KNOW. I DON'T I THINK THE QUALITY OF LIFE HERE IS REALLY CHANGING DRAMATICALLY. AND I DON'T KNOW, I JUST FIND THAT HARD TO ACCEPT. AND ESPECIALLY WHEN I READ THESE REPORTS COMING OUT OF THIS PROFESSOR IN DENISON SAYING, YOU KNOW, THEY'RE BUILDING ALL THESE THINGS, BUT THEY DON'T HAVE THE WATER, YOU KNOW, AND IT'S JUST IT'S JUST REALLY DISCONCERTING. YEAH. SO I'M REALLY SURPRISED [00:10:03] THAT WE HAVE A PLANNING COMMISSION THAT CAN'T ANSWER QUESTIONS ABOUT PLANNING. WELL, I'M SORRY THAT YOU CAN'T GET THE ANSWERS THAT YOU'RE LOOKING FOR TONIGHT, BUT I ASSURE YOU THAT IF YOU CAN CONNECT WITH CHRIS, HE WILL CONNECT YOU. HE WILL. HE CHRIS HAS MORE ANSWERS THAN ANYBODY I KNOW. AND HE'S ABLE TO HE HOPEFULLY WILL BE ABLE TO ANSWER YOUR QUESTIONS. AND THEN IF YOU STILL FEEL LIKE YOU NEED MORE ANSWERS, I ENCOURAGE YOU TO COME TO CITY COUNCIL BECAUSE, YOU KNOW, WE'RE ULTIMATELY THE ONES THAT CAN MAKE THOSE DECISIONS ABOUT THESE TYPE OF QUESTIONS. SO I REALLY APPRECIATE YOU COMING OUT HERE TONIGHT, THOUGH. AS FAR AS THE WATER CONCERNS, I'M JOSH ALBRIGHT, ENGINEER HERE AT THE CITY. WE WORK WITH COLUMBUS AND HAVE AGREEMENTS WITH HOW MUCH WATER WE HAVE ACCESSIBLE AND PRODUCE, AND WE GO THROUGH DIFFERENT MATRICES TO EVALUATE SITES BEFORE THEY GET DEVELOPED THAT WE ALREADY HAVE THAT WATER IN STORE. WE CAN GO OVER HOW THAT WORKS AND WHAT WE HAVE SET ASIDE FOR DIFFERENT DEVELOPMENTS AND THE CITY IN GENERAL FOR NEW ALBANY. BUT WE ENSURE THAT THERE ISN'T GOING TO BE A LACK OF SUPPLY TO ANY OF THE RESIDENTS NEARBY AND OR, YOU KNOW, DRAINING WELLS FROM OTHER PROPERTIES. IT'S AN EPA REQUIREMENT THAT WE FOLLOW VERY STRINGENTLY, AND I UNDERSTAND THAT, BUT THAT DOESN'T ANSWER. WHY ARE YOU GOING TO GRANVILLE? WELL, THAT'S NOT THAT'S NOT US. THAT'S NOT US, BUT YOU. WELL, I THOUGH I WOULD FOLLOW UP WITH OUR SERVICE DEPARTMENT. OUR SERVICE DEPARTMENT. I CAN GET YOU IN TOUCH AND MAYBE THEY CAN, I DON'T I PERSONALLY DON'T KNOW THAT INFORMATION, ABOUT THE PROPERTY. AND THE CITY OF NEW ALBANY IS GOING WELL. SO YOU KNOW WHY THOSE WHY THAT'S GOING ON. WHY IS ONE HAND TO THE MIC, SIR. YEAH. SO CAN YOU POINT THE MIC. CAN YOU POINT THE MIC AT YOURSELF. BECAUSE WHEN YOU TURN SIDEWAYS TO TALK YOU'RE NOT ON RECORD THEN. OKAY. YEAH I MEAN THOSE ARE MY MAIN CONCERNS. AND THE FINAL THING IS AN EDITORIAL THAT APPEARED IN THE COLUMBUS DISPATCH LAST, LAST YEAR. YOU KNOW, ALBANY'S DATA CENTER BOOM LEAVES TAXPAYERS FOOTING UNCHECKED SUBSIDY, UNCHECKED SUBSIDIES. AND WE'RE PAYING THE BILL FOR ALL OF THIS. AND NONE OF US VOTED FOR ANY OF THIS STUFF. WE DIDN'T VOTE FOR THIS PLAN. WE DIDN'T VOTE FOR THE AMAZON DATA CENTER. WE DIDN'T VOTE FOR THE DATA CENTER OR ANY OF THIS OTHER STUFF. BUT HERE IT IS, YOU KNOW, AND WE'RE DROWNING IN THIS AND THIS. OF CONCERN, THIS DESTROYING THE COUNTRYSIDE. IT'S ANYWAY. AND JUST ONE MORE THING. I, I WOULD SUGGEST THAT YOU ALSO LOOK TO THE LICKING COUNTY PLANNING COMMISSION BECAUSE I THINK THEY ARE THE ULTIMATE DECISION DECISION MAKING POWER ON THE, THE DRILLING FOR THE TEST. WELL, BUT I THINK THAT CHRIS AND CAN GET YOU IN THE RIGHT DIRECTION FOR ANY ADDITIONAL INFORMATION. YEAH. DID YOU LEAVE YOUR YOUR NAME, YOUR EMAIL AND PHONE NUMBER ON THE SHEET? OKAY. YEAH. WE'LL WE'LL REACH OUT TO YOU AND GET ALL THE INFORMATION THAT YOU HAVE HERE WITH YOU TONIGHT. AND WE CAN SET UP A MEETING WITH YOU TO DISCUSS THIS. BUT YEAH, WE'D LOVE TO TAKE A LOT OF INFORMATION. WE'D LIKE TO TAKE A LOOK AT IT. YOU HAVEN'T SEEN THIS INFORMATION. YOU HAVEN'T SEEN THIS. THIS REPORT? NO. NOT BEFORE. YOU JUST BROUGHT UP TONIGHT? NO. WELL, YOU HAVE TO. SURE. YEAH, YEAH. AND I'LL REACH OUT TO YOU. JOSH AND I WILL REACH OUT TO YOU TOMORROW TO GET SOMETHING SET UP, OKAY? OKAY. YEP. SOUNDS GOOD. THANKS FOR COMING. THANK YOU. BRINGS US TO [VI. Cases] FINAL PLAT MODIFICATION. ARE THERE ANY OTHER VISITORS? FINAL PLAT MODIFICATION 51 HAWKSMOOR 19. CAN WE HEAR FROM STAFF, PLEASE? ABSOLUTELY. THIS IS A REQUEST TO MODIFY A 2013 SUBDIVISION OF OXMOOR. THE MODIFICATION PROPOSES TO VACATE A DUAL TREE PRESERVATION ZONE AND DRAINAGE EASEMENT, AND TO CREATE A NEW ONE EIGHT HAWKSMOOR DRIVE, OR LOT 19 IS OUTLINED HERE. THIS IS LOCATED AT THE END OF THE HAWKSMOOR SUBDIVISION, WHICH IS ACCESSED FROM STATE ROUTE 605 TO THE RIGHT AND THEN TO THE LEFT YOU SEE CRESCENT POND. THIS IS THE PLAT MODIFICATION PROPOSAL FOR LOT 19. WHAT IS ESSENTIALLY GOING TO HAPPEN WITH THIS REPLAT IS EXISTING TREE PRESERVATION ZONES ARE GETTING RELOCATED AND PUSHED BACK TO BE ON OR ALONG THE SOUTHERN AND WESTERN LOT LINES. YOU CAN SEE DETAILS A, B AND C ON THE CENTER BOTTOM THERE, AND THEN D AND E OFF TO THE LEFT. AREAS A, B AND C ARE SHOWN HERE. THESE WERE MODIFICATIONS THAT WERE ALREADY SEEN AND APPROVED BY THE BOARD IN NOVEMBER OF LAST YEAR. SO I AM OUTLINING THEM JUST TO PROVIDE THE PRECEDENT AND THE CONTEXT FOR THIS SITE. THE FORMER PLOT MODIFICATIONS INCLUDED IN THE YELLOW VACATING AN EXISTING TREE PRESERVATION ZONE IN THE GREEN AREA. C IS RELOCATING THAT TREE PRESERVATION ZONE OR CREATING A NEW ONE, AND IT IS ALSO A [00:15:04] DRAINAGE EASEMENT. AND THEN AREA B IS CREATING A DRAINAGE EASEMENT. THE PERTINENT MODIFICATIONS FOR THIS APPLICATION ARE THESE TWO AREAS D AND E. AREA D IN BLUE WILL REMOVE, SLASH, VACATE AND EXISTING TREE PRESERVATION ZONE AND DRAINAGE EASEMENT AND AREA E IN GREEN WILL ESTABLISH A NEW TREE PRESERVATION ZONE SLASH DRAINAGE EASEMENT. THE EXISTING PRESERVATION ZONE IS A LITTLE LESS THAN ONE TENTH OF AN ACRE, WHILE THE PROPOSED PRESERVATION ZONE IS OVER 3/10 OF AN ACRE, SO IT COVERS MUCH MORE LAND AND INCLUDES MORE TREES. THIS SHOWS AN APPROXIMATION OF WHERE THE PROPOSED PRESERVATION ZONE, SLASH, EASEMENT, VACATION, AND RELOCATION ARE, SO YOU CAN KIND OF VISUALIZE THERE ARE MORE TREES BEING COVERED HERE AS WELL. YEAH. SO ONCE MORE, THIS FINAL PLAT MODIFICATION PROPOSES VACATING AN EXISTING TREE PRESERVATION ZONE SLASH DRAINAGE EASEMENT AND CREATING A NEWER OR A NEW, LARGER TREE PRESERVATION ZONE SLASH DRAINAGE EASEMENT. THANK YOU. CURTIS ECKLEBERRY WITH ADVANCED LEVEL DESIGN. SO WE WERE HERE IN NOVEMBER AS SHE SAID. BEFORE, THEY HAD PURCHASED OR WE HAD DONE A LOT LINE ADJUSTMENT TO THE WEST, BUT THAT LAND WAS NEVER COMBINED WITH THE LOT. AND THEY HAD MENTIONED THAT THEY WANTED ALL OF THIS BACK IN NOVEMBER. WE HEARD BEFORE. SO HERE WE ARE. WE'VE COMBINED THE TWO LOTS AND WE'RE TRYING JUST TO EXTEND THE TREE PRESERVATION, COVER MORE LAND IN THE BACK. IT GIVES THEM A LITTLE MORE BUILDABLE AREA OUT FRONT. THE HALF ACRE THAT GOT ADDED THAT'S BEEN BROUGHT INTO HAWKSMOOR'S ZONING. YES. OKAY. THAT'S ALL. OKAY. QUESTION FROM COMMISSIONER. SO BASICALLY THERE'S A BUNCH OF TREES IN THE AREA THAT'S GOING TO BECOME THE NEW PRESERVATION ZONE. IS THAT RIGHT? YES. AND THEY'RE GOING TO STAY WHERE THEY ARE. YES. BUT THERE'S A BUNCH OF TREES IN THAT AREA D THAT THEY WANT TO CUT DOWN. RIGHT. THEY HAVEN'T SAID THAT THEY WANT TO CUT THEM DOWN. THEY'RE JUST TRYING TO WELL, THEY DON'T WANT TO THEY DON'T WANT TO BE REQUIRED TO PRESERVE THEM. RIGHT. AND I THINK THE ONLY REASON YOU WANT TO NOT BE REQUIRED TO PRESERVE SOMETHING SO YOU CAN CUT THEM DOWN, BE MY SENSE. OKAY. I JUST WANT TO CLARIFY THAT. THANKS. JUST YET. BUT IN THE GREEN AREA WHERE YOU'RE PROPOSING IS THERE'S MORE TREES IN THAT AREA THAN THAN THE EXISTING WHEN YOU'RE LOOKING TO GET RID OF THEM. YES. OKAY. DO ANY TREES NEED TO BE PLANTED OR THERE'S ENOUGH THERE? I DON'T KNOW IF THE NEW TREES NEED TO BE PLANTED. THE OVERHEAD TENDS TO INDICATE THAT THEY'RE BOTH. THERE WE GO. IT'S PRETTY. YEAH. RELATIVELY DENSE. YEAH. AND YOU SAID THESE WERE COMBINED. SO THIS IS ALL ONE LOT RIGHT. YEAH. AT THIS POINT YEAH. YES. ONE LOT CURRENTLY OKAY. ANY QUESTIONS AND COMMENTS. ANYONE FROM THE PUBLIC HAVE ANY QUESTIONS OR COMMENTS ON THIS. I MOVE FOR ACCEPTANCE OF THE STAFF REPORTS RELATED DOCUMENTS INTO THE RECORD FILE PLAT MODIFICATION 51 2025 OH, ENGINEERING. SORRY. WAIT A SECOND. WAIT ONE ON THAT. I MADE A MOTION. I NEED TO FINISH IT. LET'S FINISH THE DOCUMENTS. MOTION MOVED BY ME FOR THE DOCUMENTS. DO I HEAR A SECOND? I'LL SECOND. AND DISCUSSION OF THE MOTION FOR. ACTUALLY, YES, FOR ME. I TAKE IT THAT THERE'S NO NEW ENGINEERING OR OTHER DOCUMENTS HERE, CORRECT? CORRECT. ANY OTHER DISCUSSION ON THE DOCUMENTS? MOTION. OKAY. THE ROLL PLEASE, MR. KIRBY? YES, MISS BRIGGS? YES, MR. LARSON? YES, MR. WALLACE. YES. MR. SHELL? YES. MOTION PASSES WITH ALL VOTES TO ADMIT THE DOCUMENTS. ENGINEERING. YES. JUST TO VERIFY THAT WITH ANY OF THE EASEMENTS BEING VACATED, TO GET LETTERS FROM PRIVATE UTILITY COMPANIES VERIFYING THAT THEY'RE NOT THERE ARE NOT ANY RELOCATES THAT NEED TO HAPPEN. ANY CONFLICT WITH THOSE WITH THOSE CONDITIONS? NO. THANK YOU. YOUR MOTION FOR THE FINAL PLAT MODIFICATION ITSELF. I'LL MOVE TO APPROVE FINAL PLAT MODIFICATION APPLICATION FM 51 [00:20:09] 2025 WITH THE FOLLOWING CONDITIONS. THE CITY ENGINEER'S COMMENTS MUST BE ADDRESSED, SUBJECT TO STAFF APPROVAL. DO I HEAR A SECOND? I'LL SECOND IT. AND DISCUSSION ON THE MOTION. COULD I HEAR THE ROLL, PLEASE, MR. SHELL? YES, MR. LARSON. YES, MISS BRIGGS? YES, MR. KIRBY. YES, MR. WALLACE? NO. THE MOTION PASSES WITH FOUR VOTES IN FAVOR AND ONE VOTE AGAINST TO APPROVE THE FINAL PLAT MODIFICATION, SUBJECT TO THE CONDITIONS STATED IN THE STAFF REPORT THAT THE ENGINEER, THE CITY ENGINEER'S COMMENTS MUST BE ADDRESSED SUBJECT TO STAFF APPROVAL. APPROVAL. AND, COMMISSIONER WALLACE, IF YOU COULD, I WOULD KNOW BECAUSE I DON'T I DON'T SEE WELL, I'M NOT I'M NOT IN FAVOR OF TAKING AWAY TREE PRESERVATION ZONES. OKAY, OKAY. GOOD LUCK. BRINGS US TO VARIANCE 52 2025 ELY CROSSING POOL VARIANCE. CAN WE HEAR FROM STAFF, PLEASE? YEAH. GOOD EVENING EVERYONE. THIS IS VARIANCE FOR APPLICATION FOR SWIMMING POOL TO BE LOCATED IN THE SIDE YARD. AND TO NOT BE COMPLETELY ENCLOSED BY FENCING. SO THE SITE IS HIGHLIGHTED HERE IN RED ALONG ELY CROSSING SOUTH. HERE'S THE SITE PLAN PROVIDED BY THE APPLICANT. THE A ON THE PLAN INDICATES VARIANCE A, WHICH IS THE ONLY FENCING LOCATION THAT THE APPLICANT IS PROPOSING. THIS INCLUDES A GATED FENCE ON THE NORTH SIDE AND ADDITIONAL SCREENING. AND THEN THE B INDICATES VARIANCE. B, WHICH IS THE LOCATION WHERE THE APPLICANT IS PROPOSING THE SWIMMING POOL WITHIN THAT SIDE YARD. AND SO IT'S BETWEEN THE GARAGE AND THE EXISTING RESIDENCE. THE SITE DOES HAVE A 100 FOOT WOODLAND PRESERVATION. AT THE REAR OF THE HOME SHOWN ACROSS THE PLAN, AND YELLOW. HOWEVER, IT DOES NOT COVER EAST AND WEST OF THE SITE. THESE ARE SOME IMAGES PROVIDED BY THE APPLICANT FROM GOOGLE STREET VIEW LOOKING INTO THEIR PROPERTY. AND THEN HERE'S A SUMMARY OF THE VARIANCE REQUEST. SO BEGINNING WITH A THE PROPERTY IS LOCATED WITHIN THE DENSE NEIGHBORHOOD AND BASED ON PREVIOUS VARIANCE REQUESTS SIMILAR TO THIS ONE. THE BOARD HAS SHOWN STRONG EMPHASIS ON PROXIMITY TO NEIGHBORS, LOT SIZE, AND SAFETY CONCERNS IN REGARDING IN REGARDS TO APPROVALS AND DENIALS. VARIANCE B THE PROPERTY OWNERS IS CONSTRAINED TO SPECIFIC LOCATIONS ON THEIR SITE, PARTLY DUE TO THE 100 FOOT WOODLAND PRESERVATION ZONE AND BASED ON PREVIOUS VARIANCE REQUESTS FOR POOLS LOCATED IN THE SIDE YARD. THE BOARDS HAVE ASKED HOMEOWNERS TO INSTALL ADDITIONAL SCREENING FOR THOSE APPROVALS. AND SHOULD THE PLANNING COMMISSION FIND THAT THE APPLICATION IS SUFFICIENT BASIS FOR APPROVAL, THE FOLLOWING CONDITIONS SHALL BE APPROPRIATE FOR. I'M SORRY I DIDN'T MAKE THE CORRECTION ON THERE, BUT IT SHOULD BE FOR VARIANCE. A THE POOL COVER MUST BE CERTIFIED ANNUALLY BY THE HOMEOWNER. ANY ENGINEERING? NO COMMENTS FROM ENGINEERING OKAY. CAN WE HEAR FROM THE APPLICANT? GOOD EVENING. MY NAME IS VINCE JENKINS. MY WIFE AND I, HOMEOWNERS AT 21 ELY CROSSING THAT WE'RE REQUESTING VARIANCE. THE VARIANCE REQUESTED. JUST WANT TO NOTE, WE BELIEVE IS SMALL IN NATURE IN THAT THE CURRENT FENCING REQUIREMENT IS ONLY APPLICABLE FOR A POOL SPA IN EXCESS OF 100FT■!S. THIS IS MORE OF A PLUNGE POOL THAT WE WOULD WANT TO JUST, WE BELIEVE, MATERIALLY EXCEED 100FT■!S. SO RATHER THAN TEN BY TEN, IT'S GOING TO BE TEN BY 16. AS YOU CAN SEE, WE'RE LIMITED IN SPACE IN BETWEEN THE BACK PATIO AND THE SIDE GARAGE, BUT ALSO LIMITED SPACE IN THE PRESERVATION ZONE. IN THE BACK IS MR. WALLACE STATED IN THE LAST CASE, WE KIND OF AGREE WITH HIM. WE DON'T WANT TO DO ANYTHING TO INTERFERE WITH THAT PRESERVATION ZONE. SO ONE OF THE REASONS WE PURCHASED A LOT. SO GIVEN THAT THE PROXIMITY OF THE HOMES TO OUR LOT LINE, THERE'S NOTHING THAT'S IN A DIRECT ACCESSIBILITY TO THAT POOL THAT YOU WOULDN'T HAVE TO GO THROUGH THE HOME, THE PRESERVATION ZONE OR THE SIDE GARAGE. IT'S UNDER 60FT. IF YOU MEASURE FROM THE CORNER THAT CARRIAGE HOUSE, GARAGE. SO IN ADDITION TO THAT, YOU KNOW, WE WOULD INSTALL A CERTIFIED POOL COVER, AUTOMATIC AMERICAN SOCIETY FOR TESTING [00:25:05] MATERIALS HAS CERTIFIED POOL COVERS THAT HAVE BEEN TESTED, IN MANY CASES TO BE SAFER THAN SIMPLY PUTTING A FENCE. WHILE THE FENCE IS A VISIBLE DETERRENT, AN ASTM CERTIFIED POOL COVER ACTUALLY PREVENTS ANY ACCESS TO THE POOL. SO FROM THE STANDPOINT OF OUR VARIANCE REQUEST, WE'RE WE'RE DOING EVERYTHING WE CAN TO ATTEMPT TO MAINTAIN THE REQUIRED SAFETY AND THE INTENT OF THE ORDINANCE. I THINK WE HAD WE HAD READ A MODIFICATION TO THE CITY OF NEW ALBANY ORDINANCE. I THINK AT THE TIME MAYOR SLOAN CAN'T QUOTE THE YOUR APOLOGIES AND I'LL PARAPHRASE, BUT THERE WAS SOME VERBIAGE THAT WAS CHANGED TO INCLUDE SO THAT A SMALL CHILD OR INFANT COULDN'T CRAWL INTO THE POOL. AND THAT'S EXACTLY WHAT AN ASTM COVER WOULD DO. SO I DON'T KNOW IF ANY DOCUMENTATION HAS BEEN SENT. WE PROVIDED ALL THAT IN WRITING AHEAD OF TIME. WE ALSO BROUGHT ADDITIONAL PHOTOS OF THE PROPERTY, IF ANYBODY WOULD LIKE TO SEE THOSE. AND HAPPY TO ANSWER ANY QUESTIONS. OKAY. SURE. I'M GOING TO PASS THOSE. ARE THREE DIFFERENT SETS. YOU GUYS HAVE IT. YEAH OKAY. SO THE SAME THINGS THAT ARE NOT GOOD. ARE THERE ANY DOCUMENTS THAT SHOW THAT PRESERVATION ZONE I IN RELATIONSHIP TO THE HOUSE. AND WHERE IS THE LINE OF THE PRESERVATION. SO IT'S SHOWN IN THE YELLOW LINE. SO IT'S THAT WAY BACK THERE. CORRECT. SO ISN'T THERE ENOUGH ROOM TO PUT THE POOL BETWEEN THE BACK OF THE HOUSE AND THE PRESERVATION? IN THIS IT APPEARS AS THOUGH THERE IS. BUT IT THAT FROM THAT YELLOW LINE GOING DOWN TO THE HOUSE THERE IS A SLOPE. SO WE'RE CONCERNED WITH HAVING TO DIG INTO THE SIDE OF THAT HILL AND THEN HAVE TO REINFORCE THE SLOPE UP AGAINST THAT PRESERVATION ZONE. OUR CONCERN IS JUST EROSION DAMAGE OVER TIME, EATING INTO THAT PRESERVATION ZONE. IF THE LOT WAS PERFECTLY FLAT, PERHAPS THAT WOULD THAT WOULD BE AN OPTION. I MEAN, I'VE SEEN IT DONE BEFORE. IT'S AN OPTION. THANK YOU. CAN YOU CONFIRM HOW BIG THE POOL IS GOING TO BE? YEAH, I'VE GOT SOME. IT'S A LATHAM POOL TEN BY 16 WITH A MAXIMUM FOUR FOOT DEPTH. 16. 16 OKAY. SO 116, 160, 660FT■!S. YE. SO FOLLOW UP QUESTION FROM THE PHOTOS YOU PASSED OUT, IT LOOKS LIKE THERE'S SOME. IS THAT SO? THAT WOULD ROUGHLY BE THE SIZE LIKE BRICKS OR WHATEVER PIECES OF CARDBOARD, WHATEVER THEY ARE, THAT'S ABOUT THE SIZE OF WHAT IT WOULD BE. YES, MISS BRIGGS OKAY. THESE ARE SHOT WITH A CELL PHONE. WHAT CAMERA WAS USED? OH, YEAH. JUST IPHONE. YEAH. IT'S A WIDE ANGLE LENS. DID YOU BUILD THE HOUSE OR DID YOU BUY IT ALREADY? PRE-BUILT. WE BUILT IT. OKAY. DO YOU HAVE LEGAL COUNSEL WHEN YOU BOUGHT THE PLOT? I'M SORRY. DID YOU HAVE LEGAL COUNSEL WHEN YOU BOUGHT THE LOT? I DON'T THINK WE DID. WE BOUGHT THE LOT IN 2000, 2000, MIDDLE OF 14. ENDED UP BUILDING IN 2016. OKAY. FINISHED. EXCUSE ME. FINISHED BUILDING IN 2016. QUESTION FOR STAFF. SO IN OUR PACKET THERE'S A LIST OF WHAT LOOKS LIKE ADJACENT PROPERTY OWNERS. SO I'M ASSUMING ALL OF THOSE INDIVIDUALS HAVE RECEIVED SOME NOTIFICATION FROM THE CITY. AND I'M LOOKING TO FIND OUT IF YOU'VE HEARD FROM ANYBODY WITH CONCERNS OR, OR WHATNOT. SO WE SORRY. SO WE DID RECEIVE I DID RECEIVE A CALL A COUPLE WEEKS AGO ABOUT A NEIGHBOR CONCERNING JUST CONSTRUCTION TRAFFIC INTO THEIR YARD. HE SAID HE WOULD HE WOULD HAVE SUBMITTED LIKE A AN EMAIL TO US, BUT NEVER DID, NEVER RECEIVED ANYTHING. SO. JUST A QUICK NOTE TO STAFF. THANKS FOR PUTTING IN THE HISTORY OF THE VARIANCES. THAT WAS VERY HELPFUL. AND MISS BRIGGS, ANSWER YOUR QUESTION. I DID HAVE A CONVERSATION WITH OUR IMMEDIATE NEIGHBOR THAT SHARES A PROPERTY LINE. IN THIS IMAGE TO THE LEFT. I GUESS THAT WOULD BE TO THE WEST. BUT MARK AND CINDY CAME OVER AND LOOKED AT THE LAYOUT, WONDERED WHAT IN FACT WE WERE GOING TO INSTALL IN. DIDN'T HAVE ANY CONCERNS. YEAH. THANK YOU. THAT WAS MY GOING TO BE MY FOLLOW UP. OBVIOUSLY, IF YOU'VE MET WITH AND SPOKEN TO THE [00:30:01] NEIGHBORS, IF THEY HAVE, YOU KNOW, ISSUES OR CONCERNS, BUT YOU'VE AT LEAST SPOKEN TO ONE TO THE IMMEDIATE LEFT. IF WE'RE LOOKING AT THE PHOTO OR RIGHT TO THE LEFT HERE, LOT TWO LEFT OF THE SCREEN. YEAH. TO THE RIGHT. YEAH. OKAY. THANK YOU. SO VISUALLY, THIS PROPERTY IS RIGHT BEHIND KESWICK. YES, SIR. YES. AND. JUST FOR POINT OF REFERENCE, THE EXACT LOCATION TO OUR TO THE BOTTOM ON THIS, IT'S PATRICK AND TAMMY RIEPENHOFF. AND THEN THE ANGLED LOT. JOHN AND ANGLES AND PHELAN. YOU KNOW, MARK AND CINDY THERE ON THE LEFT AND THEN NEIGHBORS ACROSS THE STREET. YOUNG CHILDREN WERE VERY FRIENDLY WITH THEM. BUT AND, YOU KNOW, LIKE ONE LOT AWAY FROM. THE BOYS OR SO THE CENTRAL DIVIDER KESWICK. YES, YES. SO YOU'RE IN THE MIDDLE OF THE URBAN CORE. ROUGHLY SPEAKING. IS THIS. IT'S ZONED FOR THE KESWICK, BUT THE OVERLAY FOR THIS WOULD OTHERWISE BE VILLAGE CENTER. YES. OKAY. SO IT'S TRULY IN THE VILLAGE CENTER. COULD YOU GO BACK TO THE PREVIOUS SLIDE PLEASE. SO THAT LOT ONE IS THAT ALL PART. THAT'S ALL PART OF YOUR LOT CORRECT. YEAH. AND IT'S JUST WOULD IT OR BEAR OR. YEAH THEY'RE THE PHOTOS YOU CAN I TRY TO TAKE IT FROM KIND OF HALFWAY BACK INTO THOSE WOODS. SO YOU CAN KIND OF SEE IT'S JUST NATURE. YEAH. EVERYTHING. EVERYTHING INSIDE THE RED PERIMETER IS THE LOT. YES. THANK YOU, THANK YOU. YEAH. SO THE CROSSING HAS A BUFFER AS I RECALL, AROUND MOST OF IT. CORRECT. THERE'S A 100 FOOT PRESERVATION ZONE FROM OUR LOT LINE. WE SEE THE 165 AT THE BOTTOM TO THE YELLOW. AND THAT RUNS DOWN THE ENTIRE CORRIDOR BEHIND ALL THOSE HOMES. YEP. THANK YOU. SO IF SOMEONE'S WILLING TO WALK THROUGH THE WOODS, THEY COULD WALK RIGHT UP TO THAT POOL. THEORETICALLY, HYPOTHETICALLY, I SHOULD SAY. IT'S JUST QUITE A LOT TO WALK THROUGH WHEN IT'S NOT MANICURED, THAT'S ALL. DO YOU HAVE ANY PICTURES OR ADDITIONAL INFORMATION ON THE ASTM? AUTOMATIC POOL COVER? WHAT DOES THAT LOOK LIKE? WE CAN GET YOU THOSE. YES. OUR OUR CONTRACTOR HAS THOSE. IT'S AN AUTOMATIC HARD COVER. IT'S NOT IF YOU'RE IF YOU'RE NOT FAMILIAR WITH THESE YOU MAY BE FAMILIAR WITH POOL COVERS THAT ARE JUST ROLL OUT RIGHT. YOU COULD STEP RIGHT IN AND THEN SINK OR THE MESH ONES THAT TACK DOWN. THIS IS ACTUALLY A HARD TOP COVER THAT COMES IN AUTOMATICALLY SO RESTRICTS ALL ACCESS. BUT THE ASTM. THE ASTM CERTIFICATION ISN'T ITSELF A POOL COVER, BUT RATHER COVERS THAT HAVE BEEN CERTIFIED FOR SAFETY BY THE AMERICAN SOCIETY FOR TESTING AND MATERIALS. THERE'S A VARIETY OF HARDTOP COVERS THAT MEET THAT ASTM STANDARD, BUT WE'RE HAPPY TO SEND YOU SOME EXAMPLES. YEAH. WE'D ALSO I DON'T KNOW IF THIS IS RELEVANT, BUT THE POOL COMPANY, THE MANUFACTURER, LATHAM HAS SPECIFIC PLUNGE POOLS THAT SPECIFICALLY ARE DESIGNED TO BE UNDER 100 SQUARE FOOT. CLEARLY THAT'S MOST PLANNING COMMISSIONS ARE OR BODIES SUCH AS YOURSELF CONCERN ON SIZE. SO WE'D CONTEMPLATED TO INDIVIDUAL LIKE COLD PLUNGE AS WELL AS HOT TUB. AND WHILE WE COULD I SUPPOSE TECHNICALLY TO THE LETTER OF LAW INSTALL THOSE SEPARATELY AND NOT REQUIRE A FENCE, IT ALSO JUST DIDN'T FEEL AS HONEST TO JUST GO AHEAD AND PUT IN THE LARGER ONE AND COME AND SEEK THIS VARIANCE. SO OKAY. ANYONE FROM PUBLIC WITH ANY QUESTIONS AND COMMENTS. ALL RIGHT. NEIL, CAN I GO BACK JUST A SECOND. SURE. SO I'M BACK ON THE POOL COVER. AND I KNOW THAT IT'S STATES IN YOUR PAPERWORK. THESE ALTERNATIVES NOT ONLY MEET SAFETY MANY SAFETY STANDARDS, BUT ARE OFTEN MORE EFFECTIVE THAN TRADITIONAL FENCING AND PREVENTING UNAUTHORIZED, UNAUTHORIZED ACCESS. SO I'M LOOKING FOR YOU TO KIND OF EXPAND UPON THAT, BECAUSE I'M I'M THINKING ABOUT NEIL'S THOUGHT PROCESS OF SOMEBODY JUST WALKING THROUGH THOSE WOODS AND, [00:35:01] YOU KNOW, GETTING UP TO THE PROPERTY. MAYBE IT'S AT NIGHT, I DON'T KNOW, MAYBE IT'S A TEENAGER THAT'S JUST LOOKING FOR WHATEVER. I MEAN, CAN SOMEBODY JUST KIND OF FALL INTO THAT? AND THEY WOULD THEN BE HAVE FALLEN INTO THE POOL? OR IS IT SOME SORT OF, YOU KNOW, VERY CONCRETE ISH TYPE? I KNOW CONCRETE IS NOT THE BEST WORD, BUT IMAGINE THEM WALKING RIGHT OVER IT LIKE IT WAS A POOL DECK. IT WOULD WOULDN'T HAVE ANY GIVE AT ALL. THEY MAY HAVE TO STEP UP ON IT BECAUSE THERE WOULD BE A SLIGHT LEDGE AS IT GOES ACROSS, BUT IT WOULD BE A HARD TOP. YOU WOULD SIMPLY WALK RIGHT OVER IT AND POTENTIALLY NOT EVEN KNOW IT'S A POOL. IF YOU WEREN'T IN THE MIDDLE OF THE NIGHT NOT PAYING ATTENTION. YEAH, AND JUST TO CONFIRM, THERE IS NO THERE'S NO FENCE RIGHT NOW AROUND LIKE THE SIDES OF YOUR PROPERTY. RIGHT. THAT WOULD PREVENT A NEIGHBOR FROM COMING IN. THEY WOULDN'T HAVE TO CROSS THROUGH A FOREST OR ANY WOODLAND. THEY WOULD BE ABLE TO JUST COME ON OVER. JUST JUST NATURAL BARRIERS SIMILAR TO THE ARBORVITAE AS YOU SEE BEHIND YOU THERE. SO WE HAVE ARBORVITAE IN THE COLORADO BLUE SPRUCE. SO THERE'S ARBORVITAE THAT ARE NOT POINTED OUT DOWN THE DRIVEWAY IN FRONT OF THE CARRIAGE HOUSE, THE COLORADO BLUE SPRUCE, AND THEN JUST NATURAL BARRIER, TO ANSWER YOUR QUESTION DIRECTLY, NO SPECIFIC FENCE EXISTS. I'M LOOKING AT THAT PICTURE ON GOOGLE MAPS RIGHT NOW. YEAH. YOUR KID. IS THAT YOUR DAUGHTER? SHE'S VERY CUTE. YES, YES. YEAH. SO. BUT. OKAY, I DO HAVE JUST I GENERATED SAMPLES OF THE FENCE. WE WOULD PREFER WE WANT TO INSTALL AT THE END OF THE DRIVEWAY SO THAT SOMEBODY WOULDN'T DRIVE A CAR INTO OUR BACKYARD. AGAIN, IF THAT'S RELEVANT, SAY THAT AGAIN. I LOST WHAT YOU WANTED TO DO TO THE. IF YOU SEE THE DRIVING STRAIGHT IN TO THE DRIVEWAY, YOU SEE THE CARRIAGE HOUSE STRAIGHT AHEAD. TO THE RIGHT IS THE OPENING THAT WAS REPRESENTED BY THE THANK YOU BY THE GREEN LINE ON THE POT ON THE PLOT MAP. WE ARE PROPOSING TO CLOSE THAT OFF WITH A WITH A FULL GATE. LIGHT GREEN. OKAY. PUTTING A BRICK FENCE AND CLOSE IT. YEAH, OKAY, OKAY. ALL RIGHT. WHICH I THINK MR. KIRBY TO YOUR QUESTION WAS, YOU KNOW, IF THERE IS A POINT WHERE SOMEONE COULD KIND OF INADVERTENTLY WALK INTO THAT POOL IF THE COVER WAS NOT CLOSED, THAT'S THAT'S THE ONE THAT WE'RE THAT'S THE AREA WE'VE BEEN MOST BE CONCERNED WITH AND WHY WE. WOULD SOMEBODY WALKING DOWN YOUR DRIVEWAY. YEAH. OKAY. SO WE'RE JUST PROPOSING, MA'AM, COME TO THE MIC OR JUST PROPOSE. WE'RE JUST JULIE JENKINS. WE'RE JUST PROPOSING THAT INSTEAD OF THE TEN BY TEN THAT'S ALLOWED, ASKING FOR A TEN BY 16. SO REALLY, THE SIX FEET IN DIFFERENCE IS, YOU KNOW, THE IS REALLY THE VARIANCE WE'RE ASKING FOR. YEAH. OKAY. THERE'S NO LEGAL COUNSEL. WANT TO WEIGH IN ON THIS AT ALL. THE ASTM STANDARDS. AND ARE THEY RECOGNIZED BY THE VILLAGE. IF THEY ARE I'M NOT AWARE OF THEM BEING RECOGNIZED. AND AGAIN, WITHOUT ANYTHING IN THE RECORD TO CONFIRM THAT THEY ARE WHAT THEY PURPORT TO BE, IT'S HARD TO SAY THAT THEY ARE IN FACT, OKAY, THOSE STANDARDS. HAVE YOU HAD ANY CONVERSATION WITH YOUR INSURANCE AGENT ABOUT THE POOL AND INSURING IT? WE HAVE NOT YET. OKAY. I THOUGHT THIS WAS A GOOD STEP ONE. OKAY. OTHER QUESTIONS FROM THE COMMISSION. OKAY. IN PERSONAL OPINION, ALL THE OTHER ONES THAT WE APPROVED AS VARIANCES HAD SOME PHYSICAL BARRIER IN THEM. I JUST DID A QUICK SCAN. THE ONES THAT BZA APPROVED GENERALLY FOR THINGS LIKE 19 OR 20 ACRES OF SHOT WAY OUT IN THE FAR LESS CENTRAL, FAR LESS POPULATED PARTS OF THE VILLAGE. OKAY. WELL, OTHER COMMENTS ABOUT. THIS. OKAY, LET'S GET MY. ALL RIGHT AND YOU'RE OKAY WITH US HAVING THESE PICTURES AS PART OF THE SUBMISSION? SURE. OKAY. I MOVE TO ACCEPT THE STAFF REPORTS AND RELATED DOCUMENTS INTO THE [00:40:04] RECORD FOR VARIANCE 52 2025, INCLUDING THE PICTURES AND OTHER INFORMATION SUBMITTED DURING THE HEARING. DO I HEAR A SECOND? I'LL SECOND. ANY DISCUSSION ON THE MOTION. ARE WE REASONABLY CLEAR ABOUT WHAT'S INCLUDED? OKAY, OKAY. THE ROLL PLEASE. MR. KIRBY? YES, MR. LARSON? YES, MISS BRIGGS? YES, MR. SHELL? YES, MR. WALLACE. YES. THE MOTION PASSES WITH ALL VOTES TO ADMIT THE DOCUMENTS, INCLUDING THE PICTURES SUBMITTED BY THE APPLICANT. ANY OTHER COMMENTS? I MOVE FOR APPROVAL VARIANCE 52 2025. CROSSING POOL VARIANCE. THERE'S TWO VARIANCES. SHOULD WE VOTE ON THEM SEPARATELY OR NOT? ON TWO. ONE IS THE LOCATION. AS I UNDERSTAND IT, ONE'S A LOCATION VARIANCE AND ONE IS A FENCE. NO FENCE VARIANCE. YEAH OKAY. SO LET'S DO THE NO FENCE ONE FIRST. SO THAT WOULD BE A OKAY. FOR THE PART A. DO I HEAR A SECOND ON THE MOTION FOR PART A THE VARIANCE? I'LL SECOND. ANY DISCUSSION ON THE MOTION FOR PART A OF THE VARIANCE TO THE ROLL PLEASE. MR. KIRBY. NO, MR. WALLACE, NO. MR. LARSON, NO. MISS BRIGGS, NO. MR. SHELL, NO. THE MOTION FAILS WITH ZERO YES VOTES AND FIVE NO VOTES. THANKS, MR. PART B TO ALLOW IT OUTSIDE THE BUILDING LINE OF THE SITE. DO YOU DO YOU WANT TO EXPLAIN WHY? OH I'M SORRY. YES. TO ME THIS DOES NOT MEET THE CRITERIA, ESPECIALLY THE SAFETY CRITERIA. MORE THAN ANYTHING IT IS SELF-INFLICTED. THE APPLICANT BUILT THE HOUSE THAT SIZE IN THAT LOCATION AND COULD HAVE MADE ROOM FOR A POOL OF WHATEVER SIZE THEY NEEDED BETWEEN THERE AND THE END OF THE ZONE. HOUSES IN ELY GENERALLY SELL FOR A LOT. I DON'T THINK I'LL HAVE ANY TROUBLE RECOVERING. THERE, AND THIS IS NOT PARTICULAR TO THEM. LET ME WALK THROUGH THE CRITERIA. I BELIEVE IT IS SUBSTANTIAL GOVERNMENT SERVICES NOT COVERED HERE. SO I'M FIVE UNDER DUNCAN. I MENTIONED THAT ITEM SIX. YEAH. PUT A FENCE AROUND IT OR MOVE IT. AND WE HAVEN'T GOT TO MOVE IT OR PUT A FENCE AROUND IT AND IT WOULDN'T BE HERE. AND THE OTHER ONE, PARDON ME ON A, ON A. YEAH I'LL STOP THERE. THERE'S PLENTY OF THEM THERE. I VOTED NO FOR ESSENTIALLY THE SAME REASONS THAT MR. KIRBY SET FORTH. I DO THINK IT'S SUBSTANTIAL. I THINK REQUESTING NO FENCE FOR A POOL, IT CAN CREATE DANGEROUS SITUATIONS. SO I THINK THIS IS A SUBSTANTIAL VARIANCE. I HAVE YET TO VOTE FOR VARIANCE ON A SWIMMING POOL THAT DID NOT REQUIRE A FENCE. SO I'M NOT SINGLING YOU ALL OUT. THE PREVIOUS VARIANCES THAT WERE APPROVED BY THE COMMISSION WERE APPROVED OVER MY NO VOTE, BUT I ALSO DON'T THINK THAT THE PROPERTY WILL YIELD A SUBSTANTIAL RETURN WITHOUT THIS. AND I DO THINK WE COULD BE POTENTIALLY SETTING A PRECEDENT IN IN YOUR AREA FOR OTHERS THAT MIGHT WANT SIMILAR SIZE POOLS AND SIMILAR VARIANCES, SUCH AS THE ONE WE'RE GOING TO VOTE ON IN A MINUTE. SO SORRY, BUT THAT'S THE REASON I VOTED NO. BRUCE. YEAH. SO BASICALLY THE SAME REASONS THAT IT IS, NUMBER ONE, THE PROPERTY WILL CAN YIELD A REASONABLE RETURN WHETHER WE DO THIS OR NOT. AND ALSO THAT THAT THERE'S ANOTHER SOLUTION THAT COULD BE DONE RIGHT. THIS COULD BE PLACED FURTHER BEHIND THE HOUSE OR SOMETHING LIKE THAT. THAT MIGHT HAVE DIFFERENT CONSTRUCTION REQUIREMENTS. BUT THERE IS A SOLUTION THAT COULD BE DONE. AND, AND, AND I JUST DON'T THINK THAT WE'VE PROVEN. YOU KNOW, SHOWN THAT OTHERWISE. SO THAT'S WHY. HAUNTS. YEAH. AND I'D REITERATE I'M NOT WITH ALL THE DUNCAN CRITERIA AND THE ADDITIONAL OPTIONS. IT'S JUST NOT COMFORTABLE SETTING THAT PRECEDENT. I THINK IT OPENS US TO MAKING THE DECISIONS MUCH HARDER IN THE FUTURE. AND I APOLOGIZE IF WE DON'T LIKE WE DON'T LIKE SHUTTING THESE DOWN, BUT WE HAVE WE HAVE TO ABIDE BY THE RULES. SO LET ME LET ME FINISH, SARAH. SO YEAH, I WOULD CONCUR CONCUR WITH EVERYTHING THAT HAS BEEN SAID. I THINK FOR [00:45:03] ME IT WAS TWO ISSUES. ONE, JUST THE OVERALL SAFETY CONCERN AND WHERE YOU'RE WHERE YOUR HOME AND YOUR LOT IS. AND NEIL SORT OF TOUCHED ON THIS. IT IS IN THE VILLAGE CENTER. IT'S NEAR A LOT OF OTHER HOMES. SO THAT THAT WAS THE UNDERLYING CONCERN FOR ME WAS THE SAFETY PERSPECTIVE. OKAY. LET'S DEAL WITH THE PART B OF THE VARIANCE. SO THIS IS FOR WHETHER IT COULD BE OUTSIDE THE BUILD LINE. SO BASICALLY THE BUILD LINE IS BEHIND THE HOUSE. LET'S GO OVER THIS WITH STAFF TO MAKE SURE THAT WE KNOW WHERE THE BUILD LINE PUTS IT. CORRECT. IT IS BEHIND THE HOUSE. THAT RIGHT CORNER, THE RIGHT THAT CORNER THERE BEHIND THE GARAGE DOESN'T COUNT BECAUSE IT'S NOT ATTACHED. CORRECT. SO BEHIND THE HOUSE AND ABOVE THE. PRESERVATION ZONE LINE. CORRECT. OKAY. SO WE'RE CLEAR. I MOVE FOR APPROVAL FOR PART B OF VARIANCE 52 2025. I'LL SECOND. ANY DISCUSSION ON THE MOTION. OKAY. THE ROLL. MR. KIRBY NO. MR. WALLACE NO. MR. LARSON, NO. MISS BRIGGS, NO. MR. SHELL, NO. THE MOTION FAILS WITH ZERO YES VOTES AND FIVE NO VOTES. IN TERMS OF THE DUNCAN CRITERIA, THERE ARE OTHER WAYS TO DO THIS. THEY BUILT THE HOUSE TO THEIR OWN LIKING. IT'S NOT A PROBLEM THEY INHERITED. AND IT'S NOT SPECIAL TO THIS PARTICULAR PROPERTY. THERE WILL BE OTHERS IN ELY THAT WOULD HAVE SIMILAR ISSUES. I DON'T FEEL IT MET THE CRITERIA. I VOTED NO FOR THE SAME REASONS THAT MR. KIRBY JUST MENTIONED. ALSO, I'M CONCERNED ABOUT SETTING A PRECEDENT FOR THE AREA. AGAIN, THERE'S VERY FEW PROPERTIES, I THINK, IN THE VILLAGE OR THE CITY THAT WE'VE APPROVED THE SIDE LOT. SWIMMING POOLS IN, AND THOSE HAVE ALL HAD MUCH MORE UNIQUE CHARACTERISTICS THAN YOURS. BRUCE. MINE'S FOR THE SAME REASONS. AND, YOU KNOW, THERE'S SOLUTIONS THAT YOU CAN PUT IN PLACE THAT WOULD SOLVE ALLOW THIS TO HAPPEN. AND THEN THERE'S NOTHING PARTICULAR ABOUT THIS LOT THAT WOULD SAY THAT THIS NEEDS TO HAVE THAT EXCEPTION. SO THAT'S IT. HAUNTS SAME REASONS STATED BY THE PRIOR COMMISSION MEMBERS. SAME THING, SAME REASON, SAME INFORMATION. YEAH. PUT IT IN THE BACK AND PUT A FENCE AROUND IT AND YOU WON'T HAVE TO SEE US AT ALL UP TO THE MIC IF YOU WANT TO MAKE A FURTHER COMMENT. DO YOU GUYS EVER DO SITE VISITS? CURIOUSLY, TO JUST SEE, I DON'T THINK DRIVE BY. WE GENERALLY DON'T WANT PEOPLE'S PROPERTY WITHOUT THEIR PERMISSION. I WE WERE GIVEN A BLANKET PERMISSION FROM THE NEW ALBANY COMPANY A NUMBER OF YEARS AGO. I BELIEVE THEY'VE PROBABLY FORGOTTEN THAT THEY DID SO. BUT THE PRESIDENT OF THEM ALL, THE COMPANY, DID LET US GO AROUND NACO'S PROPERTY, BUT WE DON'T GENERALLY AS A RULE. WELL, THE ONLY PEOPLE ASKING BECAUSE IF YOU GO BACK TO THE PLOT. SO SEE THE BESIDE BE THAT IS LIKE A COVERED PORCH. IT'S ALL OUTSIDE. SO THAT'S NOT LIKE PART OF THE ACTUAL HOME. SO IF YOU WOULD SEE WHERE THE LIKE, WE'LL PROBABLY END UP JUST PUTTING THE SPA IN. NOW THAT IS ALLOWED TO BE THERE WITHOUT A FENCE. BUT I THINK IF YOU CAME OUT AND THEN LOOKED AT IT AND SAW, YOU WOULD SEE THE WAY OUR HOUSES, HOW THE WHOLE LAYOUT OF THE HOUSE IS THAT WHERE THE YELLOW LINE IS? THERE'S A HILL. SO WE WEREN'T ALLOWED TOUCHING ANY OF THAT BECAUSE IT'S ALL PRESERVATION. SO REALLY THIS IS THE OPTION WE HAVE. AND HONESTLY FOR SAFETY, FOR LOOKS, FOR EVERYTHING. FOR ELY THIS IS THE BETTER OPTION. AND LOOKS I KNOW YOU GUYS ARE MENTIONING LIKE WELL YOU CAN DO SOMETHING DIFFERENT AND THIS AND THAT WILL IF YOU CAME OUT AND ACTUALLY SAW THE HOUSE BECAUSE THAT IS A COVERED PORCH. IT'S NOT ACTUALLY PART OF THE HOUSE, YOU KNOW, IT'S JUST A QUESTION THAT I'M ASKING IF YOU GUYS EVER, YOU KNOW, CAME OUT AND DID A SITE VISIT. WE ALSO HAVE THE ISSUE OF THAT. THE BASIS FOR THE APPROVAL HAS TO BE MOST STRONGLY BASED ON MATERIALS THAT YOU SUBMIT, AND THAT WE CAN PUT IN THE RECORD THE EARLIER MOTION THAT GOT MADE FOR EVERY HEARING WAS PUTTING THOSE DOCUMENTS INTO THE RECORDS, AND INFORMAL SITE VISIT DOESN'T GO IN THE RECORD. [00:50:05] AND IF A QUORUM OF US ARE THERE, WE HAVE SUNSHINE LAW PROBLEMS IMMEDIATELY. AND SO. YOU KNOW, HAVING THE, YOU KNOW, PICTURES IS THAT THAT IT'S A LITTLE LATE NOW. BUT AS PART OF YOUR ORIGINAL SUBMISSION, BACKING UP HERE IS WHY IT MUST BE SO SHOWING THE HILL, SHOWING EVERYTHING ELSE THERE, BECAUSE THESE PACKETS ARE MADE AVAILABLE TO US MANY DAYS IN ADVANCE, WHICH GIVES US TIME TO GO OVER STUFF LIKE THAT. OKAY, SO MY QUESTION IS WHERE THE GARAGE IS TO THE RIGHT OF B. SO YOU'RE SAYING YOU CAN WE YOU CAN PUT SOMETHING BEHIND THAT BEHIND THE HOUSE. THE GARAGE IS NOT WHERE B IS. AND THEN THERE'S A GARAGE TO THE RIGHT. THAT'S A GARAGE TO THE RIGHT OF THE B. SEE THAT OTHER SECTION. SO I'M JUST MAKING SURE I UNDERSTAND THE LIKE RULES AND VARIANCE RULES. SO ANYTHING CAN BE BUILT BEHIND THAT BEHIND THE HOUSE. SO WE NEED TO VERY CAREFULLY GO OVER WHAT THE BUILDING ENVELOPE IS. SO I WOULD A COUPLE THINGS. ONE I TO YOUR POINT I WOULD STEER CLEAR OF THE SITE VISITS BECAUSE OF ALL THE THINGS WITH OPEN MEETINGS AND QUORUMS AND HAVING TO HAVE DISCUSSION IN THESE TYPES OF MEETINGS. SO I WOULD STEER CLEAR OF THAT. AS FOR GETTING AN OPINION FROM WHERE THINGS CAN BE PLACED, I DON'T KNOW THAT THAT'S NECESSARILY WHAT YOUR ROLE IS RIGHT NOW TO PROVIDE THE ADVISORY OPINION, BUT YOU COULD WORK WITH STAFF, I SUPPOSE, ABOUT WHAT THE ZONING REQUIREMENTS AND OBLIGATIONS ARE FOR PUTTING IN THE POOL. I THINK THAT'S THE WAY IT SHOULD HANDLE, AS OPPOSED TO GOING TO THE PLANNING COMMISSION FOR AN OPINION. I WOULD TALK WITH CHRIS AND GO THAT ROUTE, OKAY, BECAUSE IT'S THERE ARE DETAILS THAT THEY WILL CATCH. LIKE IF THAT'S AN ATTACHED GARAGE, IT'S A COMPLETELY DIFFERENT BALLGAME IN SOME CASES VERSUS A DETACHED GARAGE ABOUT WHETHER IT COUNTS AS PART OF THE STRUCTURE. OKAY. SO BECAUSE WE ORIGINALLY ONLY HAD ONE VARIANCE, AND THEN THEY CAME BACK AND SAID WE HAVE TO HAVE TWO VARIANCES TO FAR. IT'S TO THE RIGHT OF THAT. IT'S TO THE RIGHT OF THAT. YES, THAT IS A DETACHED. SO IT'S SEPARATE FROM THE HOUSE. RIGHT. AND SO YOU'RE BUILDING ENVELOPE IS AND STAFF WILL I'M NOT AUTHORITATIVE ON THIS. SURE. OKAY. OKAY. STAFF WILL BE ABLE TO TELL YOU OKAY. HERE IS WHERE YOU'RE BUILDING ENVELOPE IS. AND SO HERE IS WHERE YOUR ZONE IS, YOU KNOW AND THINGS LIKE THIS REQUIRES A VARIANCE. THIS REQUIRES JUST A PERMIT ETCETERA ETCETERA. AND THEY CAN GUIDE YOU ON THIS OKAY. OKAY. THANK YOU. WELCOME. THANK YOU. CAN I ASK ONE MORE QUESTION ON THE BUILDING LINE OF SIGHT. IS THAT APPROPRIATE HERE OR SHOULD I JUST GO AHEAD IF I SLIGHTLY CURIOUS. SO GO AHEAD I WILL. BUILDING LINE OF SIGHT. IS IT DEFINED BY A POINT OF VIEW ON THE LOT. SO LET ME LET ME JUMP IN. SO I THINK YEAH THE WAY I THINK ABOUT IT IS IF YOU DRAW A PARALLEL LINE ON THE SIDE OF YOUR HOUSE AND GO BACK, PULL HAS TO BE INSIDE THOSE. THE IDEA IS YOU CAN'T SEE IT FROM THE FROM, YOU'RE LOOKING AT IT SO IT'S BEHIND IT. IF YOU PUT PARALLEL LINES BACK THERE AND YOU'RE, YOU'RE ASKING FOR IT TO BE OUTSIDE THE LINES, OUTSIDE THE LINES SO TO SPEAK, OR OVER IT. SO THAT'S NUMBER ONE. THAT WAS B THAT WE VOTED ON. AND WE SAID WE DIDN'T FEEL LIKE YOU HAD MADE THE CASE FOR THE REQUIREMENT FOR US TO MAKE AN EXCEPTION TO THE RULE IS IT'S GOT TO BE BEHIND YOUR HOUSE. THE SECOND VARIANCE, WHICH IS THE FIRST ONE WE VOTED ON, WAS WHETHER YOU NEED TO HAVE A FENCE AROUND IT. AND THAT'S SORT OF A SEPARATE THING. AND, YOU KNOW, WE LOOKED AT THAT SEPARATELY. SO THAT'S WHY WHEN I ASKED MY FIRST QUESTION EARLIER, I SAID IT'S A LOCATION VARIANCE. CAN IT CAN IT BE OUTSIDE THE LINE SO TO SPEAK. AND CAN IT HAVE CAN IT NOT HAVE A FENCE AROUND IT? SO THOSE ARE THE TWO THINGS WE VOTED ON. THAT DOESN'T MEAN YOU CAN'T YOU CAN'T PUT A POOL IN THERE. IT JUST HAS TO BE BETWEEN THE LINES. AND IF IT HAS TO HAVE A FENCE AROUND IT. SO IT'S A PARALLEL COMING OFF THE MOST THE WHITE THE FROM THE FRONTAGE. SO YOU KNOW THE FRONT FACE OF YOUR HOUSE. YEAH. YES. OKAY. WHICH IS THE PART THAT FACES THE ROAD. YEAH. AND IF YOU SHINE A LIGHT FROM THE ROAD, THE SHADOW ZONE BEHIND THE HOUSE, OKAY. WOULD BE ASSUMING THAT THE LINES WERE PARALLEL. NOW WE, WE GET WHAT WE'RE GETTING INTO. SORRY. WE'RE GETTING INTO THE REAL NITTY GRITTIES. BUT TALK TO STAFF. YEAH. WHICH IS WHY I ASKED THE QUESTION. THERE MAY BE BETTER. AND WE GET THAT. THERE'S THAT THE NATURE OF THE PROPERTY, THE WAY IT'S CONFIGURED MAKES IT HARD TO GET A POOL IN THERE. YES, IT WELL, IT'S THE WEAKNESS OF THE HOUSE IS WHAT I WAS REFERRING TO. BECAUSE WHEN YOU DO STAND, LIKE RIGHT IN FRONT OF THE FRONT DOOR, WE GET THAT TWISTEDNESS OF IT MAKES IT CUT OFF. BUT THE OTHER THING IS THE, THE. THE, THE RULES IN THERE ARE, ARE FOR EVERYBODY. SURE. [00:55:07] AND YOU KNOW, EVERY PROPERTY IS A LITTLE BIT DIFFERENT. AND SO EVERYBODY HAS TO FOLLOW THE RULES. AND THERE MAY BE SOME PROPERTIES THAT HAVE POOL DOESN'T FIT VERY WELL ON. SO THAT'S THAT'S THE ISSUE. AND THAT'S THE POINT THAT THAT NEIL MADE EARLIER ON, WHICH IS WHEN YOU BOUGHT THE PROPERTY, YOU KNOW, YOU'RE ON CONSTRUCTIVE NOTICE OF WHAT LIMITATIONS THERE MIGHT BE TO WHAT YOU COULD DO WITH IT BASED ON WHAT THE ZONING WAS IN THERE. AND THAT'S THE IDEA. SO WHEN YOU BOUGHT THE PROPERTY, YOU WERE CHARGED WITH KNOWING THAT POOL MAY NOT FIT VERY WELL ON HERE. AND SO, YOU KNOW, THAT'S KIND OF ON YOU TO SOME EXTENT, EVEN THOUGH NOT EVERYBODY KNOWS THAT. BUT THAT'S THAT'S KIND OF IT'S ONE OF THE FACTORS WE LOOK AT, WHICH IS, IS THE IS THE PROBLEM YOU'RE ASKING US TO SOLVE BY LETTING YOU DO SOMETHING THAT THE RULES DON'T ALLOW YOU TO DO. WHAT WAS THE CAUSE OF THAT? AND IN THIS SITUATION, THE CAUSE OF THAT WAS BECAUSE YOU BOUGHT A LOT THAT HAD CERTAIN CONFIGURATIONS OF IT THAT MADE FITTING A POOL ON IT HARDER THAN MAYBE ON OTHERS WITH A HOUSE THIS SIZE, BUT THAT DOESN'T NECESSARILY ALLOW UNDER THE UNDER THE GUIDELINES WE HAVE TO USE. WHETHER WE GIVE YOU A VARIANCE OR NOT, THAT DOESN'T NECESSARILY MEAN THAT YOU CAN GET ONE. OF COURSE, IF THAT IF THAT HELPS. AND WE'RE NOT TRYING TO BE DIFFICULT. BUT AGAIN, TALK TO STAFF AND WORK THROUGH WHAT YOU CAN DO BACK THERE AND HOW YOU CAN DO IT, BECAUSE THERE PROBABLY IS A WAY YOU CAN GET A PULLBACK THERE, BUT DON'T COME BACK ASKING FOR NO FENCE, BECAUSE I WILL VOTE AGAINST MY LAST QUESTION AND THEN I'LL LET YOU GUYS GO. SO WHERE THE GREEN LINE IS THOUGH, WE WERE, AND YOU WOULD SEE IN THE PICTURES THAT I SENT, WE WERE PUTTING UP A FULL SCREEN BRICK. YOU GOT THAT. SO THAT DOES NOT MATTER. YOU'RE SAYING WITH THE START LINE OF SIGHT. WELL ARE THOSE YOUR YOU'RE TALKING THE TWO ISSUES. THE SECOND THE LINE OF SIGHT VARIANCE. BECAUSE IF WE DO WANT TO PUT SOMETHING IN THAT MEETS THE SMALL REQUIREMENTS. SO A HOT TUB CHECK WITH STAFF. YOU SAID YOU WANT TO PUT A BRICK WALL BETWEEN THE TWO. IF THAT TURNS YOUR AND THEN CHECK WITH NECO ARC AS WELL, WHICH I PRESUME APPLIES HERE. THIS IS JUST ME TRYING TO HELP YOU AVOID EXPENSIVE PROBLEMS. IF THAT TURNS YOUR ATTACHED DETACHED GARAGE INTO AN ATTACHED GARAGE, OKAY, AND YOU NEED TO CHECK WITH STAFF AND LEGAL FOLKS VERY CAREFULLY HERE IF THAT. A ARE YOU ALLOWED TO AND YOU HAVE TO RUN THAT THROUGH AN ARC, PROBABLY BE. DOES IT CHANGE THE DESIGNATION OF THE GARAGE FROM AN ATTACHED DETACHED STRUCTURE TO AN ATTACHED STRUCTURE? BECAUSE THAT MEANS THAT THE WIDTH OF YOUR BUILD FOOTPRINT JUST BLEW UP A LOT, AND THEN ALL OF A SUDDEN YOU DON'T HAVE VARIANCE BE AS A PROBLEM ANYMORE. YOU STILL GOT TO DEAL WITH THE FENCE, BUT YOU DON'T HAVE THE VARIANCE BE PROBLEM. IF THE GARAGE IS AN ATTACHED GARAGE BECAUSE IT IS PART OF THE HOUSE NOW, AND THUS THE FOOTPRINT OF YOUR HOUSE IS BIGGER. OKAY, BUT I WOULD CONSULT LIKE TWO DIFFERENT, THREE DIFFERENT EXPERTS ON THIS BEFORE TAKING THAT ADVICE, WHICH WAS FREE AND WORTH EVERY PENNY. YEAH, THAT'S WHAT I JUST WANT TO SAY. MAKE SURE YOU CONSULT WITH STAFF AND OTHERS AND NOT DON'T RELY ON FUNDING. YEAH, OFF THE RECORD. UNRELATED, I WOULD ENCOURAGE EVERYBODY JUST TO EDUCATE, YOU KNOW, THINK ABOUT THESE HARD TOPICS BECAUSE THE REALITY IS THEY ARE MUCH, IN FACT SAFER THAN JUST PUTTING UP A FENCE. RIGHT. WE HAVE A BOY THAT WILL JUST JUMP, RIGHT. THIS TYPE OF STUFF IS GENERALLY LAGGING IN VILLAGE CODE THAT THAT MUNICIPALITIES ARE SLOW TO TAKE NEW TECHNOLOGY COMPARED TO PROVEN TECHNOLOGY. LET'S MOVE ON [VII. Other business] TO OUR OTHER BUSINESS. THANK YOU, THANK YOU, THANK YOU. GOOD LUCK. GE ARCHITECTURAL CHANGES. ARCHITECTURAL CHANGES. WHAT I THOUGHT WE HAD OCD IS THE. YEAH OKAY. ALL RIGHT. OH THE ONE GOT ADDED. ALL RIGHT HERE'S MY NEW ONE I DIDN'T. I DON'T THINK. ALL RIGHT. SO PICK ONE AND GO. ALL RIGHT. SO THIS IS FOR THE FIRST ONE. THE CHANGES THAT WE'RE WORKING ON FOR THE GE OR THE EMPLOYMENT CODE SECTION OR ZONING DISTRICT CODE SECTION. THIS IS JUST GOING TO BE A WORKSHOP WITH YOU. BEFORE WE TAKE ANY MORE STEPS FURTHER WITH OUR LEGAL TEAM, WE WOULD JUST LIKE TO KIND OF TOUCH BASE WITH YOU GUYS FIRST AND SEE IF YOU THINK THAT WE'RE ON THE RIGHT TRACK. DID WE GET THE PROPOSED CHANGES FOR GE IN OUR PACKETS AT ALL? NO, NO, THIS IS JUST CHRIS'S EMAIL SAID THAT THERE WASN'T. SINCE IT'S A WORKSHOP WE'RE WORKING TO GET ANYTHING PROCEEDINGS. GO AHEAD. YEP. NO WORRIES. SO AS A REMINDER WE DID BECAUSE I REMEMBER THIS. THIS IS SEMI RECENTLY. BUT WE DID HAVE SOME CHANGES GET PASSED. BUT THROUGH YOU GUYS AND THROUGH CITY COUNCIL FOR THE ZONING DISTRICT TO PROVIDE STANDARDS FOR ADVANCED FABRIC STRUCTURES ON CERTAIN SITES WITHIN THE TMD AREA, THERE WERE SOME ADDITIONAL CHANGES. WITH THAT, THAT PACKAGE [01:00:07] OF CODE UPDATES, BUT THAT WAS THE MAIN ONE COMING OFF OF THOSE TMD CHANGES. STAFF WANTED TO ENSURE THAT THE CITY WAS PROVIDING SIMILAR STANDARDS FOR ADVANCED FABRIC STRUCTURES THROUGHOUT THE REST OF THE BUSINESS PARK, AND NOT JUST THE TMD ZONING DISTRICT. SO WE KIND OF STARTED THERE. THAT'S A REALLY EASY CODE CHANGE FOR US TO DO. WE COULD HAVE BROUGHT THAT TO YOU GUYS AND SAID, HEY, THIS IS THIS IS WHERE WE'RE HEADING. LET'S JUST GET THIS DONE. BUT WHAT WE REALIZED IN CONSULTATION WITH OUR LEGAL TEAM IS THAT IN OUR. TMD SECTION AT THE TOP AROUND HERE AND OUR TMD CODE SECTION, WE HAVE STANDARDS THAT ARE REALLY HARD TO SEE HERE ON THE SCREEN. BUT UNDER THE TMD WE HAVE SPECIFIC STANDARDS FOR ARCHITECTURE AND FOR LANDSCAPING STANDARDS. VERY, VERY DETAILED, EXPANSIVE BASE ZONING DISTRICT AND OUR GE CODE SECTION, WHICH IS THE MOST COMMON TYPE OF ZONING DISH THAT WE SEE IN THE BUSINESS PARK. THERE ARE NO BASE ARCHITECTURAL STANDARDS. AND THAT ZONING DISTRICT, WHAT WE'VE DONE AND YOU GUYS ARE VERY FAMILIAR WITH THIS, WHAT WE'VE DONE OVER TIME IS PROVIDE VERY SPECIFIC OVERLAYS, OVERLAYS, ARCHITECTURAL REQUIREMENTS AND THOSE OVERLAYS, OVERLAYS. AND THEY'VE KIND OF JUST BEEN CARRIED CUT, CUT AND PASTE AS WE'VE ADDED DIFFERENT AREAS INTO THE CITY. SO IN CONSULTATION WITH OUR LEGAL TEAM, THEY ADVISED US TO AT LEAST CONSIDER CODIFYING SOME OF THOSE STANDARDS WHERE WE FOUND THE MOST CONSISTENT ARCHITECTURAL STANDARDS ACROSS THOSE LIMITATION TEXTS, SO THAT WE'RE NOT JUST PROVIDING ARCHITECTURAL STANDARDS JUST FOR ADVANCED HYBRID STRUCTURES, IT KIND OF MAKES MORE SENSE TO PROVIDE THEM IN THE CONTEXT OF ARCHITECTURE OVERALL. SO THAT IS A LITTLE BIT DIFFERENT AGAIN THAN WHAT WE'VE NORMALLY DONE IN THE BUSINESS PARKS. WE WANTED TO KIND OF GUT CHECK THAT WITH YOU GUYS. AGAIN. YOU KNOW, YOU GUYS HAVE DONE A REALLY GOOD JOB OVER THE YEARS OF MAKING THOSE STANDARDS KIND OF TEMPLATES. SO WE CERTAINLY THINK THAT THERE THEY WILL WORK. BUT AGAIN, WE WANTED TO CHECK THAT WITH YOU GUYS BECAUSE WHAT THAT WOULD MEAN WAS, YOU KNOW, IF WE GO DOWN THE PATH, WE DON'T JUST STOP AT ARCHITECTURE. IF WE LOOK AT LANDSCAPING AND INCORPORATING THOSE STANDARDS INTO THE BASE ZONING DISTRICT, THAT COULD MEAN THAT SOMEONE COULD COME IN AND JUST REQUEST A BASE ZONING DISTRICT, WHICH ISN'T A BAD THING, BUT THEY WOULD NOT HAVE TO DO THAT LIMITATION TEXT, WHICH THEY DON'T HAVE TO DO THAT NOW, BUT AS STRONGLY ENCOURAGED, BECAUSE WE DON'T HAVE A LOT OF THOSE STANDARDS CODIFIED. SO WHAT WE DID IS ON THIS MAP HERE IS JUST SHOW YOU EXACTLY WHERE. THE DISTRICTS ARE IN RELATION TO THE TMD. KYLIE DID A LOT OF THIS RESEARCH. YOU KNOW WHAT THE PROPORTION IS BETWEEN GE AND TMD IN THE BUSINESS PARK? YEAH. SO LOOKING AT THE ACREAGE THERE'S ABOUT 5210 ACRES WITH THE NEW SITE COMING IN ON TOP OF THE GE OR GE. AND THEN THERE'S ABOUT 2014 ACRES OF TMD. GOTCHA. SO ABOUT HALF OF THE AMOUNT OF ACREAGE IS IN TMD AS COMPARED TO GE. WHAT'S THE IN THE NORTHWEST. WHAT GE IS THAT THIS ONE. YEAH. THIS IS LIKE PHARMAVITE OR NOT PHARMAVITE. OH MY GOSH WHAT'S THAT ONE CALLED. WE JUST DROVE BY IT. OH GOSH EDGED. NO. YEAH. EDGE DATA CENTER AND THEN OH WHAT'S THAT. IT'S BEEN HERE FOREVER. IT'S THE PHARMACY. ONE FARM OFFERS FARM OFFERS. OKAY. THERE WE GO. IT'S CALLED SOMETHING ELSE. NOW I THINK AMERICAN REGION I THINK IS WHAT IT'S CALLED NOW. BUT THAT'S GREAT HERE. THIS IS WHERE THE BUS GARAGE IS GOING TO GO. THE ONE IN THE MIDDLE. AND THEN ON THE OTHER SIDE, IT'S EDGE DATA CENTERS, WHICH I DON'T THINK YOU GUYS. OH YEAH, YOU GUYS HAVEN'T HEARD ANYTHING ABOUT THAT ONE. BUT THAT WAS AGAIN, A STRAIGHT ZONING DISTRICT. SO THAT ONE JUST CAME IN AND DEVELOPED. WE DID TAKE A SIGN CODE OR A SIGN VARIANCE TO THE BZA LAST MONTH, BUT I FORGOT THAT THAT WASN'T YOU GUYS WAS A BUSY GUY. SO WE ALSO TOOK A LOOK AT HOW MUCH LAND IS LEFT IN LICKING COUNTY TO BE PUT INTO THE BUSINESS PARK. THAT COULD BE MOST LIKELY GE NOT MUCH AT ALL. KIND OF. ONE OF PEOPLE ON OUR TEAM KNOW THE ACREAGE COUNT ON THIS, BUT IT'S VERY, VERY LOW IN RELATION TO. EVERYTHING'S ALREADY BEEN ADDED. THIS IS THE SMART FARMS REZONING. SO THIS IS TECHNICALLY NOT IN THE CITY YET, BUT IT WAS APPROVED BY YOU GUYS AND CITY COUNCILS AT THEIR FIRST SECOND READING OF THAT LAST WEEK. SO IT WILL BE SO. NOT A LOT OF ACREAGE IS LEFT TO BE ADDED INTO THE BUSINESS PARK OUT HERE. KYLIE ALSO DID DO AN ANALYSIS OF ALL OF OUR LIMITATION TEXTS. SHE PULLED ALL THOSE DOWN ON HER GIS AND RAN A COMPARE COMPARISON ANALYSIS TO SEE, YOU KNOW, WHERE THERE WAS A STANDARD, IF IT WAS CONSISTENT ACROSS ALL OF THEM, OR IF IT WAS INCONSISTENT. SO AS YOU CAN SEE, THESE ARE JUST ARCHITECTURAL STANDARDS, BUT BY AND LARGE THE SAME STANDARDS GET USED. EVERY LIMITATION TEXT THAT YOU GUYS APPROVE, THERE ARE SOME. OBVIOUSLY SOME SOME DIFFERENCES IN LIKE SOLAR PANELS. YOU GUYS HAVE GOTTEN A LOT MORE SPECIFIC ABOUT THOSE IN RECENT YEARS. WE'VE CAUGHT THEM IN MORE RECENT ZONING TEXTS THAT WE HAVEN'T. THEY'RE NOT IN ALL [01:05:03] OF THEM, OBVIOUSLY, AND THERE'S A COUPLE OF OTHERS THAT AREN'T THAT ARE SPECIFIC TO CERTAIN TYPES OF. USES THAT COULD CERTAINLY BE INCORPORATED IN CODE, BUT IT IS AN INCONSISTENCY AMONG THE LIMITATION TEXT. SO AGAIN, WHAT THE WAY THAT WE'RE THINKING ABOUT THIS, YOU KNOW, WE CAN EITHER JUST PROVIDE STANDARDS FOR SPECIFIC STRUCTURES. YOU KNOW, 4 OR 5 SENTENCES. CALL IT A DAY. WE'LL BRING THAT BACK TO YOU GUYS. BUT WE THOUGHT, YOU KNOW, WHY NOT CODIFY ALL THE GREAT WORK THAT YOU GUYS HAVE DONE OVER REALLY DECADES INTO OUR BASE ZONING DISTRICT? AND, YOU KNOW, WE DON'T THINK IT WOULD STOP THERE WITH JUST ARCHITECTURE. WE'D PROBABLY HAVE TO COME BACK AND DO, YOU KNOW, DO ARCHITECTURE ONE MONTH AND THEN WE NEED TO GO DO THE SAME LEVEL OF ANALYSIS FOR LANDSCAPING AND DIFFERENT CODE SECTIONS. SO BEFORE WE DO ALL THAT JUST FOR ARCHITECTURE, WE WANT TO KIND OF GUT CHECK THAT WITH YOU GUYS BECAUSE IT'S KIND OF A QUITE A BIG UNDERTAKING. YEAH. BECAUSE WE DON'T WE CAN'T MANDATE LIMITATION TEXT. WE GET IT OFTEN, WHICH IS TO THE DEVELOPER'S ADVANTAGE FOR APPEASING US, OR AT LEAST MAKING IT LESS WORRISOME. BUT STRAIGHT ZONING DISTRICTS HAVE BEEN WORRISOME SINCE, YOU KNOW, SINCE 85, SINCE 1985 BECAUSE IT THEY'RE VERY LOOSE AND THEY ARE VERY OLD. YEAH, THEY ARE CAR ORIENTED AND ALL THE OTHER PROBLEMS THAT WE'VE HAD, AND THEY DON'T REQUIRE SIDEWALKS AND, AND A LOT OF THESE LIMITATION TEXT FIXES THOSE ISSUES. YEAH. WE MIGHT AS WELL CODIFY THAT. YEAH. AT LEAST THAT'S ONE PERSON'S VIEW FOR WATCHING THIS. I AGREE. GREAT. THE OTHER OKAY OKAY. ANYTHING ELSE THAT WE TALKED ABOUT WE NEED TO COVER. I WOULD JUST ADD THAT SOME OF THE STUFF THAT WAS NON CONSISTENT, A LOT OF IT WAS JUST THE WAY THEY WORDED IT WAS SLIGHTLY DIFFERENT, BUT GENERALLY WAS THE SAME PRINCIPLE. AND OTHER THAN THAT IT WAS ALMOST WORD FOR WORD IDENTICAL IN MOST OF THEM. SO YEAH. AND IT WOULDN'T BE IT WOULD BE INTERESTING IN SOME CASES TO SEE WHAT ARE THE FOR WHERE THE INCONSISTENCIES ARE MORE SUBSTANTIAL TO SEE. WHAT WOULD YOU KNOW. WHAT WERE WE WHAT WOULD WE WHAT DID WE EVOLVE TO. YEAH. AND FOR ANY OF THESE DID WE GET ANY OF THESE WRONG? I DON'T KNOW ABOUT WRONG, BUT I THINK THEY'RE CONSISTENT. BUT ARE THEY SOMETHING THAT IF YOU HAD A LOOK BACK AT IT, YOU SAY TWIST THE KNOB ABOUT TWO KLICKS THIS WAY. YEAH. I THINK THE ONE THING THAT WE WOULD GO BACK AND TWIST THE KNOB THIS WAY OR THAT WAY IS, YOU KNOW, AS WE FILLED IN AND I, WHEN I STARTED HERE, OBVIOUSLY WE WEREN'T THIS BIG IN THE BUSINESS PARK. BUT ONE THING THAT WE'VE RUN UP AGAINST RECENTLY IS A LOT OF THIS LIMITATION TEXTS WERE DONE AT THE TIME. THEY WERE DONE TO BE SENSITIVE TO SURROUNDING RESIDENTIAL, AND THERE ARE NOT A LOT OF CLAUSES IN THEM THAT LET THAT EXPIRE. SO LIKE IF IT'S LIKE SUBSTANTIAL LANDSCAPING ALONG A CERTAIN PROPERTY LINE THAT'S IN THE TEXT AND REQUIRED TO BE THERE, BUT THE TEXT DOESN'T CONTEMPLATE IF THAT PERSON THAT WAS RESIDENTIAL SELLS IT TO SOMEBODY ELSE. NOT ALL OF THEM. SOME OF THEM DO, NOT ALL OF THEM. SO WE ARE OFTEN AND DEVELOPERS, THEY DON'T REQUEST VARIANCES VERY OFTEN TO THINGS LIKE THAT. SO THEY JUST DO IT AND IT JUST CREATES A REALLY INCONSISTENT CAN CREATE SOME INCONSISTENCIES, ESPECIALLY ON SITE FRONTAGES WHERE AT ONE TIME THERE WAS RESIDENTIAL ACROSS THE STREET. THEY PLANNED IT TO BE LIKE 75% OPACITY SCREENING, BUT THEN LIKE THEY TURNED THE CORNER AND THERE WAS NEVER A RESIDENCE EVER CROSSED THAT STREET. SO THEN THEY'RE DOING MUCH LESS LANDSCAPING. SO IT JUST KIND OF LIKE LOOKS FUNKY. AND I THINK THAT WE CAN FIX SOME OF THOSE THINGS WHEN WE DO THE CODIFY ALL OF IT. WE CAN FIX SOME OF THOSE THINGS. BUT THAT'S THE ONLY THING I CAN THINK OF TOP OF MY HEAD. SOMETIMES WE HAVE REALLY INCONSISTENT CONSISTENCY ABOUT ROOFTOP SCREENING AND GROUND MOUNTED SCREENING, AND A LOT OF THE OLDER TEXTS, WE'VE GOTTEN A LOT BETTER ABOUT THAT. SO IF SOMEONE NEEDED TO IF SOMEONE BOUGHT WHAT USED TO BE A NEIGHBORING RESIDENTIAL AND THEY WANTED RELIEF FROM THEIR SCREENING, IF THEY DIDN'T ALREADY HAVE THE SUNSET CLAUSE IN THERE, WHICH WE'VE SEEN A NUMBER OF TIMES, IF THEY DIDN'T HAVE THAT IN THERE, THEY'D NEED A VARIANCE TO DO WHAT EVERYBODY ELSE HAS ALREADY GOT WIRED IN. YEAH. AND THE V WORD, THEY JUST THEY DON'T THEY DON'T MESS AROUND WITH THIS. THEY JUST, THEY JUST GET RID OF THE SCREENING AND YEAH I'VE TRIED WE JOSH AND I JUST TRIED WITH AWS ON HARRISON AND JUST LIKE PLEASE DON'T DO IT LIKE IT WOULD LOOK REALLY BAD. AND THEY SAID, NO, WE'RE JUST GOING TO DO IT. SO AGAIN, NOT THE END OF THE WORLD. I STILL THEY'RE DOING A GREAT THEY'RE JUST DOING WHAT THEY'RE SUPPOSED TO. BUT IT'S JUST LIKE LITTLE EXAMPLES LIKE THAT THAT CAN CREATE AN INCONSISTENT. YEAH. BUT KEEP AN EYE OUT FOR THAT. IMPROVING THE BOTH THE PROCESS AND WHAT WE'VE GOT IS YEAH. YEAH. AND WE'RE GETTING REALLY CLOSE TO BUILD OUT. YEAH. OTHER QUESTIONS COMMENTS. THANKS. AND YOU HAD OCD IN HERE. OH YEAH. YEAH. SO THIS ONE IS FOR A VOTE. SO THIS IS SOME [01:10:06] CHANGES TO THE OCD OFFICE CAMPUS DISTRICT ZONING DISTRICT TO ALLOW FOR INDOOR AND OUTDOOR PUBLIC RECREATION FACILITIES TO BE DEVELOPED WITHIN THAT ZONING DISTRICT. SO ON THIS MAP, AND I'LL KIND OF WALK YOU THROUGH SOME OF OUR LOGIC HERE, BUT THIS MAP IDENTIFIES, WHICH WAS ACTUALLY REALLY SURPRISING TO ME, THE ONLY AREAS THAT COMMUNITIES THAT ARE ZONED OFFICE, CAMPUS DISTRICT, WHICH THIS IS ONE MAP AND THIS IS SOME MAP WITH SOME OPACITY ON IT. THIS IS THE DISCOVER SITE. THIS IS THE CBG BUILDING. THIS IS THE ORIGINAL SIGNATURE OFFICE BUILDINGS FROM NACO. THIS IS THE OLD ICORE BUILDING. THESE BUILDING IN THIS BUILDING ARE JUST THIS BUILDING HERE HAS BEEN TAKEN OVER BY CORNERSTONE ACADEMY. AND THEY ARE ACTUALLY DEVELOPING SOME FIELDS ON THESE PARCELS HERE IN CONJUNCTION WITH THEIR SCHOOL CAMPUS. THIS IS THE AETNA BUILDING UP HERE WHICH IS GOING TO BE REUSED. AN ENGINEERING FIRM CAME IN THIS. THIS IS AN EXAMPLE OF A COMPANY THAT WENT UNDER DURING COVID. BUT THAT SITE IS BEING REDEVELOPED FOR ANOTHER OFFICE USE. AND THEN THIS ONE DOWN HERE ON THE CITY'S WESTERN BOUNDARY. THIS IS UNDEVELOPED. IT'S BEEN SHOPPED AROUND FOR DIFFERENT USES FOR QUITE SOME TIME. SO KIND OF WHERE WE ARE. AND I KNOW THAT YOU ALL ARE, ARE, YOU KNOW, YOU KNOW, GLUED INTO THIS. BUT, YOU KNOW, AS WE KIND OF CONTINUE TO BUILD THE CITY, AS WE JUST SAW WITH THE ZONING DISTRICT, THERE'S NOT A LOT OF PLACES LEFT FOR US TO GO. THERE'S NOT A LOT OF PLACES LEFT FOR THINGS TO BE LOCATED IN THE COMMUNITY. WE THINK IT'S VERY IMPORTANT TO, YOU KNOW, IF THERE ARE NEEDS FOR PUBLIC RECREATION FACILITIES TO BE ABLE TO HAVE THOSE INSIDE THE CITY BOUNDARIES. WE THINK THAT'S A FIELD THAT THE FIELD HOUSE IS A REALLY GOOD EXAMPLE. LUCKILY, THAT ONE IS BEING ANNEXED INTO THE CITY, BUT THAT WAS KIND OF A BIG HAUL TO GET THAT INSIDE THE CITY BOUNDARY. SO WHAT WE STARTED DOING IS, YOU KNOW, WE REDIRECTED BY OUR SENIOR LEADERSHIP TO SAY, YOU KNOW, IF THERE IS A ZONING DISTRICT WHERE THESE TYPES OF USES COULD BE LOCATED, WHERE WOULD THEY BE MOST APPROPRIATE? SO AND CF DIDN'T LIST WASN'T NUMBER ONE ON THE THERE'S NOT A LOT OF CF EXISTING ZONING DISTRICTS THAT THAT ARE THAT ARE OUT THERE. OH WELL WHAT ARE THE WE BEHIND THE PARK IS THE FOR EXAMPLE PARTS OF IT. YES. AND IT'S OCCUPIED. YEAH. I WAS JUST CURIOUS WHY THE WE'RE CHANGING A CLASS TO ACCOMMODATE SOMETHING THAT IS, I THINK FOR FREE IN ANOTHER CLASS ALREADY. YEP. SO AGAIN, UNDER UNDERSTANDING ALL OF THAT, WE WANTED TO TAKE A LOOK AT SITES THAT ARE THAT ARE ALREADY ZONED AND WHERE PUBLIC USES LIKE THIS COULD BE APPROPRIATE. WE TOOK A LOOK AT THE PURPOSE. THE PURPOSE FOR EACH ZONING DISTRICT VERY, VERY CAREFULLY. AND YOU KNOW, THE PURPOSE FOR THE OFFICE CAMPUS DISTRICT IS TO PROVIDE TO ALLOW FOR USES LIKE A CAMPUS LIKE SETTING TRANSITION BETWEEN, YOU KNOW, RURAL OR RESIDENTIAL USES INTO THE BUSINESS PARK. YOU KNOW, WE THE CITY OBVIOUSLY IS VERY INTERESTED IN KEEPING, YOU KNOW, ALLOWING THESE SITES, SPECIFICALLY THESE SITES, TO BE DEVELOPED INTO INCOME TAX GENERATING USES. BUT WE ALREADY WE ALREADY ALLOW FOR FIELDS AND LIMITED EDUCATION FACILITIES AS A CONDITIONAL USE IN THE ZONING DISTRICT. SO WE THOUGHT THAT THIS WOULD BE THE MOST APPROPRIATE TO ALLOW BY RIGHT, AT LEAST THE FIELD ASPECT OF IT. AGAIN, I SHOULD HAVE SAID THAT AT THE BEGINNING, BUT THE CONDITION THE EXISTING LANGUAGE ALLOWS IS AS A CONDITIONAL USE. OKAY. AND CHRIS, POTENTIALLY AND I DON'T KNOW WHAT ALL BUILDINGS ARE THERE, BUT THERE'S SOME OLDER BUILDINGS. THERE COULD BE SOME TEARDOWNS, CORRECT? SURE. YEAH. LIKE DISCOVERS BEING TORN DOWN CURRENTLY. YOU KNOW, THERE'S EXISTING SITES THAT ARE UNDEVELOPED THAT, YOU KNOW, THE WHERE THE BUS GARAGE IS GOING TO GO. AND THIS WOULD NOT ALLOW A BUS GARAGE TO BE DEVELOPED. THAT'S AN UNDEVELOPED SITE WITH VERY, VERY, AS YOU GUYS ARE, ARE WELL AWARE, THERE'S A VERY RESTRICTED COLUMBIA GAS EASEMENT THAT REALLY LIMITS WHAT CAN BE DEVELOPED ON THE SITE. THAT SITE'S BEEN TOUGH TO DEVELOP. SO I'M NOT SAYING THAT THIS OBVIOUSLY WOULDN'T ALLOW FOR BUS GARAGE BY ANY MEANS, BUT. AGAIN, THE EXISTING THE EXISTING FIELDS THAT ARE ALREADY OUT THERE WITH THE CORNERSTONE, THE CORNERSTONES THAT WE THOUGHT THIS ISN'T THIS APPROPRIATE ZONING ISSUE FOR THESE TO BE LOCATED. SO THIS GIVES US A WAY TO KEEP THAT OCD ON THE ON THE GROUND WITHOUT FORCING SOMEONE TO REDEVELOP AS CF DO THE RECREATIONAL FACILITY, CORRECT? YEAH. AGAIN, VERY LIMITED. THIS WOULD JUST BE RECREATIONAL USES. THIS WOULDN'T BE LIKE HUGE BUILDINGS BY ANY MEANS. THAT WOULD MIGHT BE MORE APPROPRIATE. THAT WOULD BE MORE APPROPRIATE AS A CF ZONING CLASSIFICATION. OKAY. DO WE BELIEVE THERE'D BE ANY MORE OCD WITH THIS AREA GROW? NOT THIS AREA, BUT IT [01:15:03] WOULD BE THE MORE AREAS WITHIN THE CITY, THE OCD, I MEAN, THERE COULD BE, BUT I MEAN, I DON'T KNOW WHERE THEY WOULD GO. YEAH. YEAH, THEY TURNED IT DOWN FOR WATER'S EDGE WHEN THEY HAD THE CHOICE OF OCD OR JUST OFFICE. YEAH. OKAY. ANOTHER THING TOO IS JUST JUST TO GIVE YOU GUYS A LITTLE BIT MORE CONTEXT. I'M NOT SAYING THIS IS LIKE SPECIFICALLY WHY THIS IS THE DRIVING FORCE BEHIND WHY WE'RE DOING THIS HERE. BUT YOU KNOW, ANOTHER, YOU KNOW, OFFICE IN AND OF ITSELF, YOU KNOW, DURING COVID HAS REALLY TANKED AND IT HASN'T REALLY COME BACK. SO THAT'S WHY A LOT OF THESE SITES HAVE SAT UNDEVELOPED FOR SO LONG. THE NEXT LIKELY USE FOR THESE SITES IS PROBABLY IN THE NEAR TERM DATA CENTERS, WHICH MAY OR MAY NOT BE DESIRABLE. IT'S A VESTED RIGHT, SOMETHING THAT WE CAN'T TAKE AWAY, BUT WE WANTED TO GIVE MORE OPTIONS THAT COULD BE DEVELOPED HERE VERSUS REALLY HAVING IT IN TO JUST JUST DATA CENTERS. COMING TODAY. THANK YOU. GOOD. THAT'S GREAT. I DON'T HAVE ANYTHING SPECIFIC TO THE PRESENTATION, BUT. IN IN REVIEWING THE ORDINANCE ITSELF, SECTION 1144 OH TO SEE. SO I HAD TO READ THAT FIVE TIMES TO FIGURE OUT WHAT IT WAS SAYING. AND IT'S REALLY NOT VERY CLEARLY WRITTEN. SO SOME THOUGHT MAY WANT TO BE EXPRESSED TO SORT OF MAYBE CHANGE THE LANGUAGE OF THAT, JUST TO MAKE IT CLEAR THAT THAT'S THE. BENEFIT THE, THE DESCRIBING. I TOOK A SHOT AT IT, BUT. BUT IT KIND OF DOUBLES BACK ON ITSELF A LITTLE BIT. I THINK WHAT WE'RE TRYING TO SAY IS. IF I THE WAY I KIND OF REWROTE IT WAS IF LOCATED IN BUILDINGS WITH A PRIMARY USE PERMITTED IN DIVISIONS A OR B, THE FOLLOWING USES ARE PERMITTED. IF THE USE IS CLEARLY INCIDENTAL TO THE PRIMARY PERMITTED USE. SO THAT'S WHAT I KIND OF THOUGHT MAYBE COULD BE CHANGED TO. BUT YEAH, WE CAN TAKE A LOOK AT THAT. I WOULD SUGGEST I AGREE THAT IT IS WE JUST RAN INTO SOMETHING RECENTLY WITH SOMEONE AND IT WAS TOUGH. IT WAS TOUGH. SO YEAH, WE CAN TAKE A LOOK AT THAT. CAN I HAVE TWO QUESTIONS AS I LOOK AT IT IN THAT SAME SECTION. 1144 .02 THE NEW SECTION ADDED H FOR INDOOR AND OUTDOOR PUBLIC RECREATION FACILITIES. IT FEELS A LITTLE BROAD REACHING TO ME. I DON'T LIKE THE WORDS INCLUDING BUT NOT LIMITED TO BECAUSE THAT MEANS IT COULD BE ANYTHING. I WOULD STRIKE THOSE IN MY OPINION, AND THEN THE SWIMMING POOLS SEEM LIKE THEY COULD BE DISRUPTIVE IN THIS. IN AN OFFICE ENVIRONMENT. I WOULD ALMOST MAKE THAT A CONDITIONAL USE VERSUS AN ALLOWED USE. BUT THOSE ARE I JUST THINK IT'S A LITTLE BIT BROAD, TOO BROAD AND TOO OPEN. YEAH, WE COULD TAKE THE INCLUDING BUT NOT WE COULD TAKE THE INCLUDE IT. WE COULD LEAVE THE INCLUDING BUT NOT THE BUT NOT LIMITED TO PART RIGHT. CORRECT. GOTCHA. AND YOU'RE SAYING THAT FROM YOUR PERSPECTIVE, SWIMMING POOLS WOULD NOT BE A GOOD RIGHT PERMITTED USE. AND IF YOU'RE IN AN OFFICE ENVIRONMENT RIGHT. YOU YOU ALLOW THAT IT COULD BE RIGHT NEXT TO SOMEBODY IN THEIR OFFICE. I THINK YOU WANT TO BE THOUGHTFUL ABOUT THAT. AND I DON'T KNOW IF INDOOR WOULD I IMAGINE THE WHY HERE. THIS IS THERE'S A LOT OF ACRES. THERE'S ACTUAL ACRES AS OPPOSED TO FRACTIONS OF AN ACRE INVOLVED HERE. I'M NOT SEEING OUTDOOR POOLS AS THE TARGET AUDIENCE. AND IN AN INDOOR POOL, YOU KNOW, OSU'S RPAC AND THE AQUATIC CENTER NEXT TO IT THAT FROM THE AIR, YOU CAN'T TELL THERE'S A POOL IN THERE. AND SO THOSE ARE DIFFERENT. I WAS THINKING OUTDOOR WHEN I WAS SAYING THAT, BUT YEAH, WE COULD WE COULD CHANGE IT TO. THAT. PUBLIC OUTDOOR SWIMMING POOLS ARE A CONDITIONAL USE BUT INDOOR WOULD BE ALLOWED. YEAH. YEAH, I'D BE FINE WITH THAT OKAY. AND THEN MY OTHER THIS IS MORE OF A QUESTION OKAY. SINCE THIS IS NOT GOING THROUGH THE PLANNING COMMISSION, WHERE AND HOW DOES THE INPUT FROM LIKE THE CITY ARCHITECT OR ENGINEERING IS THAT BUILT IN AS PART OF THE PROCESS. YEAH. SO THAT STILL HAPPENS. WE DON'T LOSE THAT. YEAH. THEY IF, IF, IF THE LIKE THE FIELD HOUSE IS A GOOD EXAMPLE. THAT WOULD BE SOMETHING THAT WOULD BE I'M NOT SAYING THAT'S WHAT'S GOING TO BE, BUT I'M SAYING THAT WOULD BE ONE OF THESE PROJECTS UNDER THIS ZONING TEXT. THEY STILL HAVE TO GO TO THE AARB FOR REVIEW, SINCE IT'S A PUBLIC PROJECT AND INSTITUTIONAL PROJECT WHERE THEY GET THAT SAME FULL REVIEW PROCESS, SIMILAR TO LIKE A FINAL DEVELOPMENT PLAN THAT YOU GUYS REVIEW. THAT'S WHAT'S PRESENTED [01:20:01] TO THE URBAN REVIEW. BUT OKAY, I JUST WANT TO CONFIRM THAT THAT MAKES SENSE. YEP. THAT WAS IT FOR ME. ALL RIGHT. SO I NEED A MOTION TO. SO I MOVE THAT THE COMMISSION RECOMMEND THIS TO COUNCIL WITH THE CLEANUP THAT HAS BEEN DISCUSSED. DOCUMENT IS EVERYTHING. DO I NEED THE DOCUMENTS MOTION FOR THIS WASN'T LISTED ON THE AGENDA I WOULD YEAH, BECAUSE I GAVE YOU THE DRAFT CHANGE. WELL YOU'RE APPROVED. THAT'S WHAT YOU'RE PROVING, RIGHT? YEAH. SO IT IS THE MOTION. YEAH. I THINK THAT'S THE MOTION THAT WORKS FOR YOU. YEP. ALL RIGHT. DO I HEAR A SECOND? WHAT ARE WE. WHAT'S THIS? RECOMMENDING THE CHANGE TO OCD BECAUSE WE DON'T NEED A DOCUMENT. OKAY. YEAH. THE DOCUMENT IS WHAT WE'RE RECOMMENDING TO THEM. I'LL SECOND NEIL. OKAY. THANK YOU FOR CLARIFYING. OKAY. ANY DISCUSSION ON THE MOTION? OKAY. THE ROLL PLEASE, MR. KIRBY? YES, MISS BRIGGS? YES, MR. WALLACE? YES, MR. LARSON. YES, MR. SHELL. YES. THE MOTION PASSES WITH ALL VOTES IN FAVOR OF THE PROPOSED CHANGES TO CHAPTER 1144. WITH THE CLEANUP DISCUSSED AT THE MEETING. THANK YOU. OKAY. DO WE HAVE ANY OTHER BUSINESS? ANY [VIII. Poll members for comment] OTHER OTHER BUSINESS? OH. MEMBERS FOR COMMENT. SARAH. NOTHING HERE. THANK YOU. NOTHING HERE. ALTHOUGH A POOL WITH ABSOLUTELY NO PHYSICAL BOUNDARIES. ANYWAYS, JUST, I JUST, I JUST YOU GUYS HAVEN'T SEEN ONE OF THOSE AND 4 OR 5 YEARS. SPEAKING OF POOLS, I DO HAVE A COMMENT. AND THAT IS I DROVE PAST THE 7010 LAMBDEN. OH, EXCUSE ME THE OTHER DAY. AND MY RECOLLECTION AND MY RECOLLECTION REFRESHED WHEN I READ THE STAFF REPORT. IS THERE SUPPOSED TO BE SOME SORT OF FOLIAGE ON THE GOLF COURSE SIDE WHERE THE WHERE THE FORCE FENCE IS? THERE IS NO FOLIAGE, THERE'S NO BOXWOODS, THERE'S NO FOLIAGE THERE. AND THAT WAS A CONDITION OF APPROVAL. SO I THINK THAT NEEDS TO BE LOOKED AT BY THE CITY ZONING OFFICER. YEAH, WE'LL TAKE A LOOK AT IT. I DID THAT INSPECTION FIVE YEARS AGO AND THEY WERE THERE WHEN I DID IT. BUT WE'LL WE'LL TAKE A LOOK AT IT. I DON'T BELIEVE THERE IS I MEAN, I, I'M PRETTY SURE THEY'RE NOT BECAUSE THEY'VE CHANGED OWNERSHIPS. YEAH I KNOW, I KNOW, I DID NOTICE AT SOME POINT IT DID SELL. AND MAYBE THEY TOOK THEM OUT AND THEY PROBABLY DID, BECAUSE THE WHOLE PURPOSE THAT WE MADE THEM, PUT THEM IN THERE WAS BECAUSE WHAT WOULD YOU RATHER HAVE A FENCE OR DO YOU WANT SOME BUSHES TO LOOK AT. YEAH. AND OBVIOUSLY THE NEW OWNERS DON'T WANT EITHER. SO THANK YOU. YEAH. YEAH. WE'LL TAKE A LOOK AT IT. YEAH I THINK SOMETIME AROUND I DON'T KNOW WHEN THAT CHANGED HANDS BUT THEY'D HAD CONSTRUCTION AND STUFF COMING INTO THEIR SIDE YARD. AND THEIR HORSE FENCE HAD BEEN UP AND DOWN AND UP AND DOWN OVER AND OVER AGAIN. THAT ONE'S EASY TO SEE BECAUSE IT'S RIGHT THERE ON 62. BUT YEAH, THIS ONE THAT DAVE IS TALKING ABOUT IS TWO IN, OH I'M SORRY. ON THE GOLF COURSE. IT'S THE SECOND. IT'S NEXT TO MR. RUBINO'S. OKAY. AND WE, I ACTUALLY I LOOKED AT IT, WE DID WE APPROVED THAT. WELL IT WAS APPROVED ON ZOOM AS I REMEMBER DURING THE PANDEMIC. IT WAS THE FIRST COVID MEETING ACTUALLY. I REMEMBER IT VERY WELL. NO. DAVE, WHAT DID YOU SAY THE ADDRESS WAS? 7010 7010 IS I BELIEVE I'M BASING THAT I COULDN'T SEE THE SCREEN FOR THAT MEETING VERY WELL. YEAH. THE PLANTS WERE AT. I JUST LOOKED BACK AT HISTORIC AERIAL IMAGERY AND THE PLANTS WERE IN FACT IN AT SOME POINT. AND THEY'VE BEEN. SO I THINK IT'S WORTH LOOKING TO MAKE SURE I AM CORRECT. AND THOSE PLANTS, THEY ARE THERE. THEY ARE THERE. THEY'RE GONE. I JUST SEEM TO END. THEY ARE GONE. EXCELLENT, BRUCE I MEAN, YEAH. SO JUST AN UPDATE ON THE US 62 FOCUS AREA WE'VE DONE THROUGH THE CITY COUNCIL. WHEN IT WENT TO THEM AND TALKED ABOUT IT BEING CONCERNS ABOUT DENSITY POPULATION. SO THEY KICKED IT BACK TO MXQ. MXQ HAS DONE SMALL FOCUS GROUPS WITH THE PEOPLE THAT WERE ON THE ORIGINAL, LARGER COMMITTEE OF 4 TO 6 PEOPLE, I THINK, IN EACH GROUP. SO THEY SCHEDULED LIKE AN HOUR, HOUR AND A HALF LONG MEETINGS AND THEY'RE EVOLVING WITH THAT. LIKE THE DENSITY TOWARDS CENTRAL COLLEGE IS LESS, THERE'S MORE SMALLER RESIDENTIAL THERE. AND THEN THEY'RE KIND OF PUSHING IT MORE TOWARDS THE BROADWAY BOUND TO BE MORE THE MIXED USE. AND THAT THAT'S WHAT I SAW. THEY DIDN'T THEY HAVEN'T LANDED ON ANYTHING THAT MY UNDERSTANDING, BUT THEY WERE JUST IN THE SESSION I WAS IN. THAT WAS WHAT THEY WERE SUGGESTING TO GO TOWARDS. I DON'T KNOW WHERE TO LAND, BUT I JUST WANTED TO GIVE AN UPDATE THAT THAT'S STILL BEING LOOKED AT, STILL IN THE PROCESS. BUT WE'LL GO BACK TO CITY COUNCIL IN THE NEXT 60 DAYS. PROBABLY. YEAH. OKAY. * This transcript was compiled from uncorrected Closed Captioning.