[I. Call to order]
[00:00:07]
I'D LIKE TO CALL. CALL TO ORDER THE PLANNING COMMISSION MEETING FOR MONDAY, SEPTEMBER 15TH, 2025. CAN I HEAR THE ROLL, PLEASE? MR. KIRBY? PRESENT. MR. WALLACE. MR. SHELL. PRESENT.
MISS BRIGGS. MR. LARSEN. PRESENT. COUNCIL MEMBER. WILTROUT. COUNCIL MEMBER.
COUNCIL MEMBER. BRISK IS HERE. IN HER PLACE. COUNCIL MEMBER. BRISK. THANK YOU. THERE ARE
[III. Action on minutes: August 18, 2025]
THREE VOTING MEMBERS PRESENT. WE HAVE A QUORUM. THANK YOU. THAT TAKES US TO ACTION ON THE MINUTES FROM AUGUST 18TH. I HAD A CORRECTION ON PAGE FOUR, WHICH I'VE ALREADY RELATED, THAT THE ACTUAL MOTION WASN'T SHOWN IN THE MINUTES AS PUBLISHED, EITHER IN PAPER OR ELECTRONIC FORM. MY NOTES SHOWED THAT THE MOTION WAS MADE BY DAVE, SECONDED BY SARAH, AND PASSED FOUR ZERO. I'LL NOTE THE CORRECTION. THANK YOU. I DID NOT HAVE ANY OTHER CORRECTIONS.NONE HERE. NONE HERE. I MOVE FOR APPROVAL OF THE MINUTES FOR AUGUST 18TH, AS CORRECTED. DO I HEAR A SECOND ON THE MOTION FOR THE MINUTES? I'LL SECOND IT. ANY DISCUSSION? OKAY. THE ROLL PLEASE. MR. KIRBY? YES. MR. LARSEN? YES. MR. SHELL. YES. THE AYES HAVE IT. THE MOTION PASSES WITH ALL VOTES IN FAVOR OF APPROVAL OF THE MINUTES, AS CORRECTED. THANK YOU. ARE THERE ANY ADDITIONS OR CORRECTIONS TO THE AGENDA? NONE FROM STAFF. WOULD EVERYONE WHO WISHES TO ADDRESS THE COMMISSION PLEASE RISE? DO YOU SWEAR TO TELL THE TRUTH AND NOTHING BUT THE TRUTH? THANK YOU. THIS IS ALSO A GOOD TIME TO CHECK YOUR PHONE AND MAKE IT SILENT. TAKES US TO ITEM FIVE HEARING OF VISITORS FOR ITEMS THAT ARE NOT ON TONIGHT'S AGENDA. DO WE HAVE
[VI. Cases]
ANY SUCH VISITORS? HEARING NONE, WE'LL MOVE ON TO OUR CASES. OUR FIRST CASES. VARIANCE 63 2025.STAFF, PLEASE. ABSOLUTELY. SO THIS IS A VARIANCE FOR A PATIO COVER TO ENCROACH INTO AN EASEMENT AND BE CONSTRUCTED WITH NON PERMITTED MATERIALS AT 7544 PARKSIDE DRIVE. SO THIS IS THAT LOT IN NOTTINGHAM. TRACE IS A 0.147 ACRE LOT. AND ON THE RIGHT HERE IS SHOWN A THE DRAINAGE EASEMENT ON THE LOT. IT'S 15FT OFF OF THE REAR LOT LINE. IT INCLUDES MINOR STORMWATER SURFACE FLOW AND UNDERGROUND STORMWATER UTILITIES AND INLETS AT EITHER SIDE OF THE LOT, WHICH ARE ALSO SHOWN ON THE RIGHT HERE WITH THESE TWO. AND THIS LINE, THE PROPOSED PATIO COVER WILL ENCROACH TWO FEET INTO THIS 15 FOOT DRAINAGE EASEMENT, AS SHOWN KIND OF IN THE RED UP HERE. THE ENCROACHMENT APPEARS TO BE ABOUT TEN FEET FROM THE UNDERGROUND STORMWATER UTILITIES. BASED ON THE MAPS THAT STAFF HAS ACCESS TO HERE.
SO THIS SHOWS THE SIDE PROFILE OF THIS PATIO COVER. THIS INCLUDES THE ROOF AND THE SUPPORT BEAMS. THE RED AREA SHOWS THE ENCROACHMENT WHICH IS FULLY ABOVE GROUND, SO THERE IS NO ENCROACHMENT AT THE SURFACE OR GROUND LEVEL. IT IS JUST BECAUSE OF THAT ROOF OVERHANG, WHICH IS APPROXIMATELY SEVEN FEET ABOVE GROUND, AND THERE IS NO EFFECT TO SURFACE WATER FLOW BECAUSE OF THAT. THE MAIN CONCERN THAT STAFF HAS IS THAT THIS ENCROACHMENT COULD INTERFERE WITH CONSTRUCTION EQUIPMENT, ACCESS TO THE EASEMENT. IN THE CASE THAT MAINTENANCE IS NEEDED, THERE ARE TWO SIMILAR CASES THAT I'VE INCLUDED IN THE STAFF REPORT THAT HAVE BEEN SEEN BY THE PLANNING COMMISSION. ONE WAS A CANTILEVERED DECK THAT WAS APPROVED BECAUSE THERE WERE SIMILAR DECKS IN THE AREA, AND ONE WAS A DECK ROOF OVERHANG, WHICH WAS DENIED BECAUSE THE COMMISSION FELT THAT THERE WERE ALTERNATIVE SOLUTIONS AVAILABLE, AND ANOTHER OR THE SECOND VARIANCE THAT THE APPLICANT PROPOSES IS TO MATERIALS, RECREATIONAL AMENITIES OR ACCESSORY STRUCTURES PER CITY CODE HAVE A LIST OF APPROVED MATERIALS THAT THEY CAN USE FOR ROOFS AND FOR SURFACE OTHER SURFACES. THE APPLICANT PROPOSES TO USE POLYCARBONATE PANELS ON THE ROOF, WHICH ARE A TRANSLUCENT OR SEMI-TRANSLUCENT PLASTIC MATERIAL, AND THAT WOULD BE ON THAT ROOF. AND THEN STAFF DOES CONSIDER THE BEAMS TO BE A SURFACE, AND THE APPLICANT WANTS TO USE ALUMINUM FOR THOSE WHICH IS NOT LISTED AS A PERMITTED MATERIAL ON THAT LIST. AGAIN, THE VARIANCE A TO ALLOW THE PATIO COVER ROOF TO ENCROACH TWO FEET INTO A DRAINAGE EASEMENT AT ABOUT SEVEN FEET ABOVE GROUND, AND VARIANCE WOULD BE TO ALLOW THAT PATIO COVER TO HAVE ALUMINUM POSTS AND POLYCARBONATE ROOFING.
I DID RECEIVE A PHONE CALL FROM A NEIGHBOR THAT WISHED TO HAVE HER OPINION HEARD BY THE COMMISSION, BUT SHE WASN'T ABLE TO BE PRESENT TODAY. SHE DID HAVE CONCERNS WITH THE MATERIAL THERE, AND SHE FELT THAT IT MIGHT DEVIATE FROM THE CHARACTER OF THE NEIGHBORHOOD.
AND WE DID INCLUDE TWO RECOMMENDED CONDITIONS OF APPROVAL FOR THAT VARIANCE. A.
[00:05:02]
KIND OF JUST MAKING SURE THAT THERE'S NO OTHER ENCROACHMENT ALLOWED IN THAT EASEMENT AT THE SURFACE LEVEL, AND RECOMMENDING THAT A HOLD HARMLESS AGREEMENT IS PUT INTO PLACE. AND I AM HERE IF YOU HAVE ANY QUESTIONS. I TAKE IT THERE'S NO ENGINEERING. NOTHING ADDITIONAL THAN WHAT SHE ALREADY STATED FROM THE APPLICANT. PLEASE, IF THEY HAVE ANYTHING TO ADD. GOOD EVENING. NAME IS JEFF FROM BRIGHT COVERS. AS FAR AS THE VARIANCES HERE, I THINK WE PROBABLY SHOULD APPROACH. I THINK THERE'S A COUPLE SOLUTIONS, BUT I THINK WE SHOULD APPROACH VARIANCE FIRST JUST BECAUSE I THINK THAT'S THE ONE THAT THE FIRST ONE. I THINK THERE'S SEVERAL SOLUTIONS WE CAN GET AROUND THAT DRAINAGE ISSUE. BUT AS FAR AS B, I WOULD JUST CONSIDER THAT IT'S ON THEIR BACK PATIO. IT'S NOT REALLY VISIBLE TO THE STREET.AS FAR AS IT INVALIDATING THE INTEGRITY OF THE THE AREA OR THE NEIGHBORHOOD, I KNOW IT'S A NEW, NEWER DEVELOPMENT, I BELIEVE. SO I THINK THAT'S THE PERSONAL APPROACH. SO IF YOU HAVE ANY QUESTIONS AS FAR AS THE MATERIALS, I'D BE HAPPY TO ANSWER THAT. AS FAR AS VARIANCE A. WITH THE DRAINAGE BEING 15FT, THAT COVER DOES EXTEND 16FT AND IT IS A COUPLE FEET INTO THE AREA. BUT WE CAN EITHER CUT THAT BACK A FOOT OR BRING IN THAT DRAIN. WE CAN BRING IT TO THE SIDE. WE COULD EVEN TIE IT INTO THE HOME WITH A GABLE POST, TIE IT INTO THE EXISTING HOME GUTTER AS WELL TO KIND OF AVOID THAT ISSUE WITH ANY DRAINAGE EASEMENT. DO YOU HAVE ENOUGH ROOM TO KEEP IT COMPLETELY OUT OF THE DRAINAGE EASEMENT? WAS THAT DO YOU HAVE ARE YOU ABLE TO COMPLETELY NOT NEED VARIANCE? A YEAH, PRETTY MUCH I COULD GET A I COULD GET AROUND VARIANCE.
A AS FAR AS THE SHORTENED THINGS, I CAN SHORTEN IT UP A FOOT OR TWO. BUT I BELIEVE WITH THE COVER WE REALLY DON'T NEED TO. IF THERE'S A ROOF THERE AND THERE'S A GUTTER AND WE BRING THAT WATER BACK, I DON'T THINK YOU REALLY NEED TO CUT BACK THE COVER ITSELF BECAUSE YOU'RE DRAINING. YOU'RE TYING IN THAT DRAINAGE TO SOMETHING ELSE. WE COULD TIE IT INTO THE HOME DRAIN, OR WE COULD EVEN BRING IT BACK TO A POST THAT'S ONLY 13 FOOT. THAT POST IS AT 13 FOOT THE POST LINE, SO WE COULD EVEN BRING IT TO THE SIDE. WE COULD ELBOW IT AROUND THE POST THERE AND BRING IT OFF TO THE SIDE OF THE SLAB IF NEEDED. BUT IF WE WANTED TO TIE IN, I BELIEVE THAT'S A POSSIBILITY AS WELL. SO I THINK WE COULD COMPLETELY AVOID ANY SORT OF ISSUE WITH THE. DRAINAGE THERE. BUT I THINK B IS PROBABLY THE ONE THAT'S THE MOST CONCERNING FOR THE NEIGHBORHOOD. BUT WE HAVE BUILT THESE COVERS IN WE'RE IN NINE DIFFERENT STATES NOW ALL THE WAY DOWN TO GEORGIA. THEY'RE BECOMING MORE COMMON. WE'VE BUILT OVER 7000 OF THEM NOW. SO YEAH, I MEAN, ANYTHING THAT WE COULD DO AS FAR AS ANSWERING YOUR QUESTIONS, THERE ARE OTHER OPTIONS AS FAR AS COLORS AS WELL. WE COULD EVEN DO OTHER THINGS AS FAR AS LOOK AND EXTERIOR, BECAUSE WE DO WRAP THE POSTS WITH FAUX STONE AS WELL, JUST TO MAKE IT A LITTLE MORE DECORATIVE OR APPEALING TO THE EYE. BUT OTHER THAN THAT, DO YOU HAVE ANY QUESTIONS ON HERE? QUICK QUESTION FOR STAFF. DID THE THE NEIGHBOR SAY ANYTHING ABOUT THE OVERHANG? THEY DID NOT. OKAY. SO JUST MAYBE TO CLARIFY WHAT YOU'RE SAYING, DID WE GET A PICTURE OF THE. THE OVERHANG AGAIN? SO SORRY. WHAT WAS THE QUESTION. COULD COULD YOU GET BACK TO THE PICTURE WITH THE OVERHANG WITH THIS? YEAH. SO ARE YOU SIMPLY SAYING JUST TO, TO MAKE PART A GO AWAY, YOU WOULD JUST CUT THAT BACK TWO FEET. WOULD YOU DO THAT AS FAR AS A SOLUTION. LIKE AS ONE SOLUTION AS THE OTHER SOLUTION. LIKE I STATED, WE CAN KEEP. I'M NOT SO SURE IT'S MORE THE COVER GOING OR THE ROOFTOP BECAUSE THE POST LINE IS AT 13FT, WHICH FALLS OUT OF THAT LINE OR OUT OF THAT SETBACK. SO WE COULD ALWAYS BRING A GABLE POST OR A 4X4 POST BACK TO THE HOUSE. THIS KIND OF JUST HORIZONTAL, AND THEN RUN THE GUTTER BACK TO THE HOUSE AND ACTUALLY TIE IT INTO THE HOME GUTTER AS WELL, JUST TO AVOID ANY SORT OF ISSUES THERE WITH THE DRAINAGE, ETC. SO THAT'S THE SECOND SOLUTION. THE FIRST SOLUTION WOULD BE CUTTING IT BACK, WHICH WE COULD DO. AND YOU'RE KIND OF CUTTING BACK ON THE THEY WANT TO COVER THE ENTIRE PATIO. OBVIOUSLY THE UNIQUENESS OF THE PLOT, THE DEPTH OF THE REAR YARD ISN'T THAT GREAT, ESPECIALLY CLOSER TO THE HOME AND EVERYTHING LIKE THAT. SO THERE'S A LITTLE BIT OF A UNIQUENESS THERE. SO MATERIALS IN THIS NEIGHBORHOOD COME OUT OF THE ZONING TEXT OR. IT IS THE BASE ZONING CODE. THIS IS PD, RIGHT? THIS IS A PUD AND IT DOES HAVE MATERIALS FOR ROOFS AND FOR WALL FINISHED MATERIALS. WE TOOK THAT TO MEAN FULL WALL VERSUS JUST SURFACE MATERIAL FOR RECREATIONAL AMENITY. AND WE DID CONSIDER ROOF IN THE PUD TO MEAN FOR THE MAIN BUILDING. SO WE WENT TO WE REVERTED TO BASE CODE. SO THE MATERIALS WAS
[00:10:05]
IN SOMETHING THAT THE DEVELOPER ASKED TO BE THERE AND NOT SOMETHING THAT DEFAULTED TO BE THERE. SO ONE MORE TIME, SORRY, THE MATERIALS THAT ARE APPROVED ARE SOMETHING THAT WAS PROPOSED BY THE DEVELOPER AND NOT SOMETHING THAT WAS A DEFAULT THAT WAS ALREADY UNDERLYING FROM THE VILLAGE. IT'S A DEFAULT BACK TO CITY CODE. OH, THE PUD TEXT SILENT HERE.CORRECT. THAT WAS YES. OKAY. THAT'S WHAT I WAS TRYING TO GET TO WAS WHO'S WHO'S LANGUAGE ARE WE RESTING ON THE THE PUD TEXT OR THE UNDERLYING. THANK YOU. OKAY. AS FAR AS THE ROOF, YOU MENTIONED ON THE POLLS THAT THERE'S WAYS TO CONCEAL THOSE WITH FAUX STONE OR SOMETHING.
WHAT ABOUT THE ROOFING MATERIAL? DO YOU HAVE OTHER SYMPTOMS? YEAH. WHAT WE USE BASICALLY WITH THE POLYCARBONATE PANELS IS WHAT WE USE ON ALL OF IT. WE JUST HAVE A LIGHT OR A GRAYISH COLOR. THOSE MATERIALS WE USED, PEOPLE LIKE IT JUST BECAUSE IT'S TRANSLUCENT AND ALLOWS NATURAL LIGHT TO COME THROUGH, AND IT HAS UV PROTECTION ON IT. SO IT ALLOWS THE HOME TO STILL GET THE LIGHT THAT COMES THROUGH, BUT ALSO GET SHADE AS FAR AS PROTECTION FROM THE SUN AND HEAT. BUT YEAH, WE JUST USE POLYCARBONATE PANELS AND THEY'RE VERY I MEAN, IT'S DURABLE TO BUILD, TO BE A PERMANENT STRUCTURE. AS FAR AS IT BEING ROOFING MATERIALS, THERE ARE WAYS THERE'S EVEN ANOTHER SOLUTION AROUND THIS. I GUESS I'D HAVE TO SPEAK WITH THE HOMEOWNER ON THIS. YOU COULD MAKE IT A FREESTANDING UNIT SO IT'S NOT ATTACHED TO THE HOME AS WELL. WE COULD ADD ANOTHER BEAM IN ANOTHER POST LINE SO IT'S NOT ATTACHED TO THE HOME. AND THAT WAY IT WOULD BE MORE OF AN ACCESSORY STRUCTURE AS WELL. AND I DON'T KNOW IF THAT WOULD BE ANY DIFFERENT AS FAR AS THE MATERIALS BEING USED. BUT I MEAN, IF THAT'S WHAT THEY'RE CONCERNED ABOUT, IS THE ROOF LINE BEING A DIFFERENT MATERIAL, THERE'S WAYS AROUND THAT AS WELL. BUT YOU'RE HAVING TROUBLE GETTING A PRODUCT THAT MATCHES THE REQUIRED MATERIALS FOR THE ROOF. NO, THIS IS ALL PREFABRICATED STUFF. WE CUT IT ON SITE AND WE HAVE OUR OWN INSTALLERS, BUT WE JUST BUILD WITH ALUMINUM EXTRUDED ALUMINUM SO IT DOESN'T RUST OR DOESN'T WASTE. SO IT'S BASICALLY A LIFETIME PRODUCT. IT'S BASICALLY BUILT THERE. SO IF YOU PUT UP A WOODEN STRUCTURE OR ANYTHING ELSE, YOU'RE BASICALLY THERE'S A TIME LIMIT TO IT. BUT WITH THIS IT'S GOING TO BE PERMANENT, NOT RUSTING.
THE POLYCARBONATE PANELS ALSO LESS SO. IT'S BASICALLY WHY WE DESIGNED IT THIS WAY. DOES IT WHETHER IT'S FREESTANDING OR ATTACHED TO THE HOUSE, MAKE ANY DIFFERENCE ON MATERIALS? IT'S STILL CONSIDERED AN ACCESSORY STRUCTURE OR RECREATIONAL AMENITY. THANK YOU. SORRY.
ACCESSORY STRUCTURE. YEAH. OTHER QUESTIONS? ANYONE FROM THE PUBLIC HAVE ANY QUESTIONS OR COMMENTS? I MOVE TO ACCEPT THE STAFF REPORTS AND RELATED DOCUMENTS INTO THE RECORDS FOR VARIANCE 63 2025. DO I HEAR A SECOND ON THE DOCUMENTS? I'LL SECOND THAT. ANY DISCUSSION ON THE DOCUMENTS? MOTION TO THE ROLL, PLEASE, MR. KIRBY. YES, MR. SHELL? YES. MR. LARSON YES, YES, THE MOTION PASSES WITH ALL VOTES TO ADMIT THE DOCUMENTS. ANY FURTHER DISCUSSION ON THE VARIANCE ITSELF? NO. SO I'LL NOTE FOR THE RECORD THAT THE APPLICANT HAS WITHDRAWN VARIANCE A, THAT THEY CAN MEET CODE WITHOUT NEEDING A VARIANCE ON ITEM A. OKAY. MR. KIRBY, COULD WE JUST CLARIFY THAT JUST FOR OUR BENEFIT REAL QUICK, THE VARIANCE A WITH WITH THE APPLICANT, JUST TO MAKE SURE ON THIS IMAGE HERE THAT WE'RE ALL SPEAKING THE SAME LANGUAGE. SO IF YOU GET RID OF VARIANCE A THIS ROOF LINE AND THIS DRAIN WOULD NEED TO COME COMPLETELY TWO FEET BACK OUTSIDE OF THAT EASEMENT AREA. IS THAT IS THAT WHAT YOU'RE PROPOSING TO DO? THAT'S ONE PROPOSAL, I BELIEVE, BECAUSE THE DRAINAGE IS FALLING WITHIN THAT DRAINAGE EASEMENT.
I'M NOT SURE IF YOU IF THE ROOF LINE HAS TO BE CUT BACK TO BE HONEST. YEAH. YES IT DOES. SO IF YOU DROVE A 15 FOOT WIDE BOX TRUCK DOWN THAT EASEMENT, IT SHOULDN'T HIT ANYTHING. THE ONE CLIPPING STUFF? NOPE. THAT'S FINE. WE CAN CUT IT BACK THEN. OKAY, I AGREE WITH THAT HOMEOWNER AND I WANT TO DISCUSS IT WITH THEM. BUT WE CAN DEFINITELY CUT THE COST A LITTLE BIT AND CUT BACK TO THAT WOULD BE GOOD. SO YEAH I'M WILLING TO ACCEPT THAT. ALL RIGHT. OTHER QUESTIONS. DO I HEAR A MOTION? COULD WE DO THEM SEPARATE OR TOGETHER? OH I'M SORRY. WE WOULD JUST HAVE THE MOTION BE ARE WE JUST HAVE VARIANCE. BE IS THE ONLY THING THAT IS LEFT IS A IS GONE. YEAH. THAT'S WHY I JUST READ THAT INTO THE RECORD THAT WE DON'T HAVE THE A PART OF THE VARIANCE. YEAH. UNDER CONSIDERATION HERE OKAY. SO I'LL MOVE TO APPROVE APPLICATION VARIANCE 632025 WITH A CONDITIONS LISTED IN THE STAFF REPORT AND THE WITHDRAWAL OF VARIANCE. DO I HEAR A SECOND I'LL SECOND THAT. ANY DISCUSSION ON THE MOTION THE
[00:15:11]
ROLL PLEASE. MR. LARSON. NO. MR. SHELL NO. MR. KIRBY. NO. THE NAYS HAVE IT. THE MOTION FAILS WITH ALL VOTES TO DENY VARIANCE. BE. AND IF YOU COULD PLEASE EXPLAIN WHY. ON THE RECORD. I WAS ABOUT TO CALL FOR THAT, CHRIS. YEAH. SO THE REASON FOR THAT IS, IS THAT IT'S NOT CONSISTENT WITH THE MATERIALS OF THE CITY OF NEW ALBANY AS A WHOLE OR THE ZONING ORDINANCES. AND THERE ARE OTHER STRUCTURES THAT COULD BE USED TO ACCOMPLISH THE SAME TYPE OF OUTCOME. AT THE END OF THE DAY THAT MEET THOSE GUIDELINES. SO THAT'S WHY I'M DOING IT. YEAH.SIMILAR. AND ALSO A NEIGHBOR HAVING CONCERNS CAUSES ME SOME HESITATION TOO. ON TOP OF THE, YOU KNOW, THE PRECEDENT WE SET BY ALLOWING THIS MATERIAL MAKES IT VERY DIFFICULT IN THE FUTURE TO TO GO AGAINST THAT. SO, OKAY, ALL OF THOSE AND IT WOULD CONFER UPON THE HOMEOWNER SOMETHING THAT THE OTHER HOMEOWNERS ARE NOT CURRENTLY ENTITLED TO AS PART OF THE DUNCAN CRITERIA. YEAH. ALL RIGHT. THANK YOU, SIR. THANK YOU. I'M IF YOU COULD HAVE DONE THE MATERIALS GETTING IT OUT OF VARIANCE A WAS ALSO A KILLER THAT MATERIALS YOU MIGHT BE ABLE TO WORK BUT VARIANCE A IS ALSO A AN EVEN HARDER ISSUE HERE BECAUSE IT'S A DRAINAGE EASEMENT. AND WE TEND TO BE PROTECTIVE OF DRAINAGE EASEMENTS. AND THEN WHAT I'M SAYING IT WAS CUT BACK. YEAH I WAS FINE. THERE WERE JUST DOWN TO MATERIALS. AND UNFORTUNATELY THAT ONE DIDN'T GO. FOR MATERIAL. IS THAT MORE OR LESS IN A SPECIFIC AREA THAT WORKING OUT THE DETAILS WITH STAFF IT COMES FROM? I'D ASK A QUESTION. IT COMES FROM THE UNDERLYING DESIGN GUIDELINES THAT ARE ARE DEFAULT ZONING. WHEN THE PUD TEXT THAT APPLIES HERE DOES NOT SPEAK, THEN IT USES THE UNDERLYING ZONING TEXT. SO CHAT WITH STAFF. YEAH TWO FEET SHORT ON THE RIGHT, TWO FEET SHORT ON THE RIGHT MATERIALS. YOU'RE NOT EVEN GOING TO SEE US. THANK YOU.
YOU'RE WELCOME. BRINGS US TO FPL 64 COURTYARDS, HAINES CREEK FINAL PLAT, PHASE TWO. OKAY.
FROM STAFF, PLEASE. YES, SIR. GOOD EVENING. SO THIS IS THE APPLICATION FOR PHASE TWO OF THE COURTYARDS AT HAINES CREEK SUBDIVISION WITH 56 RESIDENTIAL LOTS AND CREATING FOUR RESERVES.
SO THIS IS THE SITE? WELL, THERE'S TWO SITES FOR THE SUM FOR THIS FINAL PLAT, BOTH HIGHLIGHTED IN RED. JUST THE. SO THAT'S ONE PARCEL HERE. AND THEN THIS IS THE SECOND PARCEL.
I'VE ALSO SHOWN THIS IS PHASE TWO. SO ON THE RIGHT OF THE RED OUTLINE IS PHASE ONE. AND THEN PHASE TWO WOULD BE EVERYTHING WITHIN THIS. AND PHASE THREE WOULD COME AT A LATER DATE. SO HERE IS THE PROPOSED FINAL PLAT. SO THERE'S TWO NEW ROADWAYS THAT ARE SHOWN HEIDELBERG DRIVE AND MARIETTA DRIVE. SO HEIDELBERG UP NORTH AND THEN MARIETTA AS WELL. THEY BOTH RUN EAST AND WEST. AND THEN THREE ROADWAY OR I'M SORRY, FOUR ROADWAY EXTENSIONS. WOOSTER, HIRAM HAINES CREEK AND LORD'S DRIVE. AND THEN THE EASTERN AND MOST WESTERN LOTS CONTAIN THAT 30 FOOT TREE PRESERVATION ZONES. SHOWN ALONG THE EASTERN OR WESTERN LOT LINE HERE AND THEN EASTERN FOR THESE LOTS. AND THEN THE RESERVES ARE SHOWN HERE, RESERVE J RESERVE F2 IS THIS SMALL LITTLE SLIVER HERE. RESERVE K IS SHOWN HERE. AND THEN C1 IS UP HERE. AND I CAN REVERT BACK TO THIS TO SHOW YOU THAT RESERVE C1. AND SO THE PHASE TWO FINAL PLAT CONFORMS WITH THE PRELIMINARY PLAT AND FINAL DEVELOPMENT PLAN. AND THEN ALL ENGINEERING COMMENTS HAVE BEEN ADDRESSED AND COMPLIED WITH. SO I'M HERE TO HAVE TO ANSWER ANY QUESTIONS.
GREAT. NO FURTHER ENGINEERING COMMENTS SINCE THE REPORT. NOPE. THANKS. OKAY. ANYTHING FROM THE APPLICANT? NO COMMENT REALLY. JUST WE AGREE WITH STAFF'S RECOMMENDATION. OKAY. DO WE HAVE CONDITIONS IN HERE? NO, NO. QUESTIONS FROM THE COMMISSION. FOR ME. OKAY. ANYONE FROM THE PUBLIC HAVE ANY QUESTIONS OR COMMENTS ON THIS? MY COMPLIMENTS ON BOTH. HEARING
[00:20:02]
THE MEETS THE FINAL MEETS THE PRELIMINARY AND NO CONDITIONS SIGN OF DOING IT RIGHT. THAT MAKES THIS A LOT EASIER. I MOVE TO ACCEPT THE DOCUMENTS, THE STAFF REPORTS AND RELATED DOCUMENTS INTO THE RECORD FOR FINAL PLAT 60 FOR 2025. DO I HEAR A SECOND ON THE DOCUMENTS MOTION? I'LL SECOND THAT. ANY DISCUSSION ON THE DOCUMENTS ROLL, PLEASE, MR. KIRBY? YES, MR. LARSON? YES. MR. SHELL? YES. THE AYES HAVE IT WITH ALL VOTES TO ADMIT THE DOCUMENTS. OKAY.ANY FURTHER DISCUSSION? DO I HEAR A MOTION? SORRY. I'LL MOVE TO APPROVE FINAL PLAT APPLICATION FPL 64, 2025. AND THERE ARE NO CONDITIONS IN THE STAFF REPORT. TO YOUR SECOND.
I'LL SECOND DISCUSSION ON THE MOTION. COULD THE ROLL, PLEASE, MR. SHELL? YES. MR. LARSON? YES.
MR. KIRBY? YES. THE AYES HAVE IT. THE MOTION PASSES WITH ALL VOTES TO APPROVE THE FINAL. THE FINAL PLAT. GOOD LUCK. THANK YOU. THANKS TO VARIANTS 69 STRAITS LANE. ACCESSORY STRUCTURE. CAN WE FROM STAFF, PLEASE. ABSOLUTELY. SO THIS IS A VARIANCE TO ALLOW A PATIO AND PERGOLA TO ENCROACH INTO A REQUIRED ACCESSORY STRUCTURE. SETBACK AT 7820 STREETS LANE.
SO THIS IS THAT LOT. IT IS 0.17 ACRES. AND IT IS ON THE SOUTH SIDE OF THE VILLAGE CENTER. YOU CAN SEE MAPLEWOOD CEMETERY UP HERE. AND YOU CAN SEE THAT IS NEXT TO A RETENTION POND SLASH RESERVE. AND YOU CAN SEE HERE THAT THE SUBDIVISION GENERALLY HAS A HIGHER DENSITY AND SMALLER REAR YARDS. SO THIS PROPOSAL INCLUDES A 12 BY 16 FOOT PERGOLA AND A PAVER PATIO WITH RETAINING WALLS IN THE BACK. THE LOCATION OF THE REAR LOT LINE AND SETBACK HERE IS KIND OF JUST APPROXIMATE. I'M JUST TRYING TO SHOW KIND OF WHAT'S HAPPENING. SO CODE STATES THAT RECREATIONAL AMENITIES SHALL NOT BE LOCATED NEAR TO ANY SIDE OR REAR PROPERTY LINE THAN TEN FEET, EXCEPT FOR UNCOVERED PORCHES AND PAVED TERRACES, WHICH MAY BE LOCATED UP TO FIVE FEET AWAY FROM SIDE OR REAR PROPERTY LINES. SO THIS UNCOVERED PAVER PATIO IS PERMITTED TO ENCROACH FIVE FEET. SO THERE'S THAT FIVE FOOT SETBACK IN THE ORANGE, AND IT IS PROPOSED TO ENCROACH THREE FEET INTO IT, TO BE LOCATED TWO FEET FROM THE REAR PROPERTY LINE. AND THE PERGOLA HAS A TEN FOOT RECREATIONAL AMENITY SETBACK, AND IT IS PROPOSED TO ENCROACH FOUR FEET INTO THAT SETBACK. SO IT WILL BE ABOUT OR IT WILL BE SIX FEET FROM THE REAR YARD LINE. SO THIS KIND OF JUST SUMMARIZES EXACTLY WHAT I JUST SAID. I KIND OF ALSO WANTED TO JUST SHOW THIS RENDERING HERE, HOW YOU CAN SEE THE THE GRADE SLOPES DOWN INTO THAT RETENTION POND. AND JUST THE CONFIGURATION OF ALL OF THIS.
NEGATIVE IMPACT FROM THIS KIND OF ENCROACHMENT IS REDUCED OVERALL DUE TO THE LOT ABUTTING THIS RESERVE, THERE'S LESS OF A CHANCE OF OVERCROWDING. AS IF THIS WAS NEXT TO ANOTHER PROPERTY WITH RECREATIONAL AMENITIES. AND WE FEEL THAT OUR STAFF FEELS THAT UNCOVERED PAVER PATIOS ARE GENERALLY CONSIDERED LESS INTRUSIVE THAN OTHER RECREATIONAL AMENITIES, AS EVIDENCED BY THE CITY CODE ALLOWING SUCH STRUCTURES TO ENCROACH CLOSER TO THE REAR LOT LINE THAN OTHER RECREATIONAL AMENITIES. AND I INCLUDED SOME CONDITIONS OF APPROVAL.
BASICALLY, THEY ARE TO MEET ANOTHER APPLICABLE SIZE CODE AND FOR THE RETAINING WALL TO NOT BE ABOVE CERTAIN OR TO BE ABOVE CERTAIN ELEVATION, AS DISCUSSED WITH THE ENGINEER. IN OTHER WORDS, WITH HOW I PHRASED IT. ESSENTIALLY, THERE SHOULD BE NO GRADE CHANGE WITHIN THE 100 YEAR FLOOD ZONE SO THAT WATER ISN'T DISPLACED IN THAT EVENT AND WOULD CAUSE FLOODING TO OTHER PROPERTIES. AND I AM HERE IF YOU HAVE ANY QUESTIONS, ANY ENGINEERING, NOTHING ADDITIONAL. OKAY. HOW CLOSE ARE THEY TO THE 100 YEAR FLOODPLAIN FLOOD PLAIN LINE? WE WEREN'T ABLE TO VERIFY EXACTLY THE ELEVATION THAT THIS WOULD BE AT, AND I'M NOT SURE EXACTLY HOW FAR THEY ARE FROM THE POND HERE. I THINK THE IT'S WITHIN TWO FEET OF THE 100 YEAR FLOOD ELEVATION. SO I THINK ON THE PLANS, IT SHOWED THE 100 YEAR FLOOD, I CAN PULL UP THE PLANS TO. BUT I WANT TO SAY IT WAS LIKE ONE. 1016 POINT SOMETHING FEET. SO I JUST MADE SURE THAT THEY STAYED OR 14FT. THEY STAYED OUT OF THAT TO MAKE SURE THAT THEY'RE NOT ENCROACHING IN
[00:25:02]
THAT 100 YEAR FLOODPLAIN. OKAY. CAN WE HEAR FROM THE. DO WE HAVE AN APPLICANT? I DO NOT BELIEVE THEY ARE PRESENT. OKAY. QUESTIONS FROM THE COMMISSION. SO FROM ENGINEERING IF THAT THAT FURTHEST OUT EDGE OF THE PATIO WAS PULLED BACK AND IT WAS NOT IN THE SETBACK THAT WOULD IMPROVE THE 100 YEAR FLOOD LINE, RIGHT. IT WOULD PUT IT UP HIGHER IF IT WAS NOT QUITE SO DEEP. YEAH, POTENTIALLY. AND THE OTHER COMMENT WOULD BE DURING CONSTRUCTION TO NOT CHANGE THE GRADE OF OF THAT SLOPE EITHER. THAT WOULD CAUSE ADDITIONAL FILL IN THAT FLOOD AREA OR THAT DRAINAGE AREA. OKAY. THANK YOU. AND DO WE HEAR FROM ANY NEIGHBORS? WE DID NOT. AND THEN COULD YOU GO BACK TO THE PRIOR PAGE THAT HAD THE PICTURE OF THE NEIGHBORHOOD? YES. OKAY. SO THERE'S NOT A HOUSE TO THE NORTH, CORRECT? CORRECT. AND THEN HOW ABOUT THE HOUSE TO THE SOUTH OF IT? DO THEY HAVE ANY REAR STRUCTURES OR. I BELIEVE THEY MIGHT HAVE JUST HAD A PAVER PATIO AS WELL. BUT NO, I DON'T THINK THERE WERE ANY STRUCTURES ON IT. AND THE BEST OF OUR KNOWLEDGE THAT PAVER PATIO IS WITHIN SPEC, AS FAR AS WE'RE AWARE. YES. OKAY. OTHER QUESTIONS. SO DID THEY DID YOU DID STAFF HAVE ANY DISCUSSION WITH THE HOMEOWNER? NOT FURTHER THAN THIS VARIANCE. AND DISCUSSING THE PROCEDURE. THEY DIDN'T COME WITH ANY OTHER PROPOSALS. OR DID YOU TALK ABOUT THE FACT THAT THEY DID THEY UNDERSTAND THEY NEEDED A VARIANCE? YES THEY DID. YEAH. I THINK IT WAS ORIGINALLY A PERMIT APPLICATION. I BELIEVE I DENIED IT BECAUSE OF ENCROACHING INTO THAT SETBACK.SO I DISCUSSED WITH THEM, LET THEM KNOW THAT IT WAS ENCROACHING AND PER CODE. AND THEY'RE AWARE THAT THIS IS A VARIANCE. IT'D BE NICE IF THEY OR THEIR CONTRACTOR WERE HERE TO HAVE SOME DISCUSSION WHETHER THERE WERE SOME ALTERNATIVES FOR LEGAL. DO WE IS IT WITHIN OUR PURVIEW, ABSENT AN APPLICANT TO BE ABLE TO TABLE THIS? YEAH. TO TABLE IT. YEAH.
WITHIN YOUR PURVIEW TO DO IT OKAY. TO TABLE IT IF THAT WAS YOUR DESIRE. YEAH. BECAUSE QUESTION THERE'S NO QUESTION OR NEGOTIATION HERE. AND IT WOULD BE US HANDING THEM CONDITIONS THAT THEY WOULD EITHER CHOOSE TO MEET OR NOT MEET OR, OR US DENYING POSSIBLY WHEN THEY COULD SAY, BUT OH, WE COULD DO THIS OR WE COULD DO THAT. THERE'S NONE OF THAT HERE WITHOUT A REPRESENTATION. SURE. SO YOU COULD TABLE IT AND GIVE THEM AN OPPORTUNITY TO COME.
AND THEN IF THEY DON'T SHOW UP NEXT TIME, THEN YOU CAN ACT ACCORDINGLY. OKAY. WHAT'S THE WILL OF THE COMMISSION? LET ME GET THE DOCUMENTS IN HERE. I MOVE TO ACCEPT THE STAFF REPORTS AND RELATED DOCUMENTS INTO THE RECORD FOR VARIANCE OF 69 2025. DO I HEAR A SECOND ON THE DOCUMENTS I SECOND THAT AND DISCUSSION ON THE DOCUMENTS. MOTION TO THE ROLL, PLEASE, MR. KIRBY. YES, MR. SHELL? YES. MR. LARSON YES, YES. HAVE IT. THE MOTION PASSES WITH ALL VOTES TO ADMIT THE DOCUMENTS. YOUR MOTION OF ANY KIND ON THE VARIANCE ITSELF. I'LL MOVE TO TABLE IF YOU GUYS ARE OKAY WITH THAT. YEAH. THAT'S FINE. MOVE TO TABLE VARIANCE 69 2025.
WOULD WE TABLE IT TO THE NEXT SCHEDULED MEETING? OKAY. TO THE NEXT SCHEDULED PLANNING COMMISSION MEETING. FOR A SECOND. I'LL SECOND ANY DISCUSSION ON THE MOTION TO TABLE OKAY. THE ROLL PLEASE. MR. SHELL YES, MR. LARSON? YES, MR. KIRBY? YES, YES. HAVE THE MOTION PASSES WITH ALL VOTES TO TABLE THIS APPLICATION UNTIL THE NEXT SCHEDULED PLANNING COMMISSION MEETING. AND IF STAFF WOULD BE SO KIND AS TO CONTACT THE APPLICANT AND SUGGEST STRONGLY THAT SOMEBODY MIGHT BE HERE TO ANSWER QUESTIONS, IT WOULD BE TO THEIR ADVANTAGE. THIS TAKES US TO FINAL PLAT 70, RICHMOND SQUARE FINAL PLAT. BEFORE WE START THIS, THE MEETING TO ASK STAFF, DOES OUR SIGN ORDINANCE COVER SIGNS THAT ARE UP ON GIANT CHAIN LINK FENCES DOES NOT FOR THE CONSTRUCTION SIGNS? YEAH. NO, IT DOES NOT. IS THAT SPECIFICALLY EXCLUDED? I'M JUST CURIOUS FROM SIGN, YOU MEAN. YEAH. NO. LET ME GO THROUGH THIS WITH YOU. CAN'T READ THE EXACT DETAILS, BUT WE WENT THROUGH IT WITH OUR. YEAH, WE
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WENT THROUGH IT WITH THEM. AND AS LONG AS IT WAS THE AFFIXED TO THE FENCE, WE DIDN'T REALLY HAVE ANY REGULATIONS FOR IT. OKAY. SO. AND OTHER CONDITIONS ON THAT LIKE ONLY DURING CONSTRUCTION IF THAT FENCE WERE LEGAL FOR THEM TO HAVE AS A PERMANENT FENCE, COULD THAT SIGN BE A PERMANENT SIGN? I DON'T THINK THAT WE'D WANT TO HAVE A CONSTRUCTION FENCE OUT THERE WITH A SIGN ON IT IN PERPETUITY. NO. WELL, I DON'T KNOW WHAT OUR CODE READS ON CHAIN LINK FENCE, BUT I'M GETTING TO THE WHY THIS ONE IS ALLOWABLE WHEN ON A SQUARE FOOTAGE BASIS. I THINK IT BLOWS PAST OUR SIGN CODE CONSIDERABLY. I COULD BE WRONG ON THAT ONE, BUT YOU KNOW, IT'S AN EIGHT FOOT TALL FENCE OR SOMETHING LIKE THAT, AND IT'S A HUGE LONG.IT'S A BIG SIGN. YEAH. THE WHEN WE REVIEWED IT AND IT'S CONSISTENT WITH OTHER THERE'S EVEN CITY CITY INSTALLED SIGNS LIKE AT ROSE RUN MARKET MAIN APARTMENTS THAT ARE MUCH LARGER THAN WHAT THEY HAVE, EVEN THAT WERE APPROVED ON A TEMPORARY BASIS BECAUSE OUR SIGN CODE DOESN'T CONTEMPLATE THEM. BUT A FENCE LIKE THAT WOULD NOT ■BE&-Y INSTALLED ON THE SITE NOW. OKAY, WE HAVE ZONING ISSUES ON THE FENCE PER SE, BUT OKAY, BUT I WAS JUST TRYING TO TO TEASE OUT THE HOW WE KNOW THAT FENCE SIGNS ARE OR ARE NOT PERMITTED AND FOR HOW LONG. YOU KNOW WHAT CLOCK IS TICKING SOMEWHERE. YEAH. I DON'T THINK THAT WE WE HAVE ANYTHING CONCRETE IN OUR CODE. IT'S JUST BEEN KIND OF AN ACTIVE CONSTRUCTION'S HAPPENING ON SITES THAT WE'VE ALLOWED THEM TO BE INSTALLED. AND THEN I THINK WITHIN AS THE SITE CLOSES OUT, WE EXPECT ALL THOSE THINGS TO BE REMOVED, JUST LIKE ANY OTHER CONSTRUCTION PROJECT IN THE CITY. YEAH, IT WOULD, IT WOULDN'T BE ALLOWED TO MOVE FORWARD PAST LIKE THE OCCUPANCY STAGE UNTIL THINGS ARE ACCEPTED AND THE FENCE IS REMOVED AND THE REST OF THE INFRASTRUCTURE IS DONE. OCCUPANCY. OCCUPANCY PERMIT BEING A GATEWAY IS A STRONG ENOUGH. YEP. THAT THAT THAT CERTAINLY WOULD DO. I'M ALSO LOOKING BACK WHEN I LOOKED AT THAT SIGN PERMIT, AND I DID PUT A CONDITION ON THERE WITH TIMING. OKAY. GOOD TO HEAR FROM STAFF ON THE RICHMOND SQUARE FINAL PLAT. YES. ALL RIGHT. SO THIS IS THE FINAL PLAT APPLICATION FOR RICHMOND SQUARE LOT TEN SUBDIVISION LOCATED IN THE VILLAGE CENTER. IN THIS PLOT WILL INCLUDE SIX RESIDENTIAL LOTS AND ONE RESERVE ON 0.75 ACRES. SO IT'S JUST AN AERIAL VIEW OF THE SITE. SO IT'S GENERALLY LOCATED NORTH OF MAIN STREET, SOUTH OF MCDONALD LANE AND WEST OF KESWICK DRIVE, AND THE SITE IS SURROUNDED BY RESIDENTIALLY ZONED AND USED PROPERTIES, AND THE PROPOSED TOWNHOMES ARE CURRENTLY UNDER CONSTRUCTION, AS I'M SURE WE'VE ALL SEEN. SO THIS WAS BROUGHT TO THE ARB FOR A CERTIFICATE OF APPROPRIATENESS AND WAS APPROVED IN DECEMBER OF 2023 AND THEN AGAIN FOR MODIFICATIONS IN JUNE OF 2024. AND THE PROPOSED PLAT IS CONSISTENT WITH THE PLAN APPROVED BY IRB, WHICH DOES INCLUDE THE SIX TOWNHOMES, EACH ON THEIR OWN LOT. AND THESE ARE JUST SOME ELEVATIONS OF WHAT THOSE WILL LOOK LIKE WHEN THEY'RE BUILT. SO THIS IS THE PLOT THAT THEY HAVE SUBMITTED, SHOWING THE SIX RESIDENTIAL LOTS AND THE ONE RESERVE, WHICH WILL BE THE PRIVATE DRIVE INTO THE SUBDIVISION. AND THEN ALL OF THE CONDITIONS THAT WE HAVE ON THIS ARE FROM ENGINEERING. SO I WILL LEAVE THOSE FOR JOSH TO ANSWER, BUT I'M HERE IF YOU HAVE ANY QUESTIONS AND SO IS THE APPLICANT. GO AHEAD. YEAH.
WE ASKED THAT THEY HAVE THE FRANKLIN COUNTY ENGINEER'S OFFICE REVIEW THE PLAT. AND WE ASKED THAT THE SUBDIVISION DEED RESTRICTIONS BE PROVIDED FOR REVIEW AND FOR THEM TO CONFIRM IF ANY UTILITY EASEMENTS ARE NEEDED WITHIN THE RESERVE AREA. THANK YOU. CAN WE HEAR FROM THE APPLICANT? ANYTHING THERE? NUMBER 8000 WALTON PARKWAY IN NEW ALBANY REPRESENTING THE APPLICANT. DO YOU HAVE AJ SCOTT WITH THE BUILDER HERE AS WELL? JUST ON THOSE CONDITIONS WE WE JUST ONE CONDITION WITH THREE COMMENTS. WE AGREED ALL OF THOSE DID AFTER THE STAFF REPORT WAS ISSUED, PROVIDE A SET OF CRS TO THE CITY STAFF. I'M SURE THEY'RE STILL REVIEWING IT. THEY'RE PRETTY VOLUMINOUS. AND THEN ON THAT ITEM NUMBER THREE, THERE WILL BE A PRIVATE SANITARY LINE RUNNING THROUGH RESERVE A, AND IT WILL BE REQUIRED TO BE MAINTAINED BY THE OWNERS WITHIN THE SUBDIVISION. SO THOSE TWO ITEMS, WE JUST WANTED TO GET ON THE RECORD THAT WE'D EITHER ADDRESSED OR WILL ADDRESS SANITARY AND DRAINAGE VERSUS STORM DRAIN AS WELL. THANK YOU. THANK YOU. QUESTIONS FROM THE COMMISSIONER IS A COMMENT THAT THIS WOULD COME TO US AFTER CONSTRUCTION STARTS. THAT'S JUST ME FROM A PROCESS POINT OF VIEW. GLAD YOU ASKED THAT. SO I WAS I'VE BEEN INVOLVED ON THAT SORT OF A PRIVATE SIDE OF THIS WITH THE TRANSACTIONS INVOLVED AND, YOU KNOW, WITH HELPING WITH THE HOA DOCUMENTATION, ETC. BUT I THINK THAT WHAT HAS HAPPENED HERE IS THAT THERE WAS SOME MISCOMMUNICATION BETWEEN
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THE APPLICANT AND THE CITY STAFF AS TO WHAT THIS WAS GOING TO BE. THERE WAS SOME THOUGHT THAT IT WAS GOING TO BE A CONDOMINIUM. I THINK THAT TERM WAS BEING USED IN A PRACTICAL SENSE. OF COURSE, I'LL LET YOU WEIGH IN RATHER THAN THE LEGAL ONE. FROM THE LEGAL SENSE, YOU CANNOT YOU CANNOT CREATE A CONDOMINIUM AND RECORD A CONDOMINIUM PLAT UNTIL AFTER A BUILDING IS CONSTRUCTED. AND IN THIS CASE, I THINK THERE WAS SOME THOUGHT THAT THAT'S WHAT WAS GOING ON HERE. AND THEN ALL OF A SUDDEN SOMEONE SAID SOMETHING ONE DAY AND I SAID, WELL, WAIT A MINUTE, YOU'RE REALLY NOT DOING A CONDO HERE. SO THIS CAME OUT OF THE GROUND AND WE SORT OF CAUGHT IT AND SAID, WE NEED TO PLAT THIS BECAUSE WE WANT THESE TO BE FEE SIMPLE. LOTS. AND SO IT'S REALLY SORT OF AN OVERSIGHT IN A MISCOMMUNICATION. I COULD LET CHRIS MAYBE WEIGH IN AS WELL. NO, THAT'S YOU'RE RIGHT. ALL THAT'S ACCURATE OKAY. THANK YOU.ANY QUESTIONS. ANYONE FROM THE PUBLIC ANY QUESTIONS OR COMMENTS. I MOVE TO ACCEPT THE STAFF REPORTS AND RELATED DOCUMENTS INTO THE RECORD FOR FINAL PLAT 70 2025 FOR YOUR SECOND ON THE DOCUMENTS. SECOND, ANY DISCUSSION ON THE DOCUMENTS TO THE ROLL, PLEASE, MR. KIRBY? YES. MR. LARSON YES. MR. SHELL? YES. THE AYES HAVE IT. THE MOTION PASSES WITH ALL VOTES TO ADMIT THE DOCUMENT TO YOUR MOTION FOR THE FINAL PLAT ITSELF. I'LL MOVE TO APPROVE FINAL PLAT APPLICATION FPL 702025 WITH THE CONDITIONS AS LISTED IN THE STAFF REPORT YOUR SECOND. I'LL SECOND THAT. ANY DISCUSSION ON THE MOTION OKAY. THE ROLL PLEASE, MR. LARSON? YES, MR. SHELL? YES. MR. KIRBY? YES. THE AYES HAVE IT. THE MOTION PASSES WITH ALL VOTES TO APPROVE THE APPLICATION. GOOD LUCK. THANKS, GUYS. TAKES US TO THE FINAL DEVELOPMENT MODIFICATION 71 2025 VISION PROFESSIONAL FINAL DEVELOPMENT PLAN. CAN WE HEAR FROM STAFF, PLEASE? YES. THANK YOU. AS MENTIONED BEFORE, OUR CITY CODE IS SILENT ON MINOR VERSUS MAJOR MODIFICATIONS. SO THIS IS PROBABLY A MINOR MODIFICATION. IT IS LOCATED WITHIN THE CANADIAN TRUST SCORE BETWEEN THE CODE OF PARK AND RIDE AND THE SENIOR LIVING CENTER. THE APPLICANT IS ASKING FOR ARCHITECTURAL MODIFICATIONS ON THE EAST, WEST AND NORTH ELEVATION. SO HERE YOU SEE THE EAST ELEVATION. THERE WERE TWO WINDOWS THAT WERE APPROVED BY THE PLANNING COMMISSION IN 2022. THE APPLICANT IS NOW ASKING TO MAKE THOSE BRICKED IN WINDOWS AS THOSE ARE. OFFICE ROOMS, MEDICAL ROOMS. THE NEXT CHANGE IS THE WINDOW ON THE WEST ELEVATION. AT THE TOP. THERE WILL BE MECHANICAL EQUIPMENT IN THIS WINDOW, SO TO HIDE THAT, THEY ALSO ARE ASKING FOR A BRICKED WINDOW THERE AND THAT IS ALSO THE SAME ON THE NORTH ELEVATION, THE WINDOW AT THE TOP AND BRICKED IN. AND I'M HERE IF YOU HAVE ANY QUESTIONS.
THERE'S NO ENGINEERING. NO ENGINEERING. THANK YOU. ANYONE FROM THE PUBLIC, ANYTHING FROM THE APPLICANT TO BE ADDED? ON THAT? OKAY. I'M JUST HERE TO ANSWER ANY QUESTIONS YOU HAVE.
THANK YOU GUYS FOR WORKING ON THIS. GREAT. I DON'T HAVE ANY QUESTIONS. AND. PROVIDING THE USE MAKES THIS A LOT EASIER TO DO THAT AS AN OPTOMETRY FACILITY, THAT SOMETIMES TOTAL DARKNESS OR TOTAL CONTROL OVER THE LIGHT IS THAT PHOTOGRAPHY STUDIO WHERE YOU JUST GOTTA HAVE IT. OTHER QUESTIONS? NO, NONE. HERE I MOVE TO ACCEPT THE STAFF REPORTS AND RELATED DOCUMENTS INTO THE RECORDS FOR FINAL MODIFICATION. 71. DO I HEAR A SECOND ON THE DOCUMENTS? SECOND. ANY DISCUSSION ON THE DOCUMENTS? MOTION, PLEASE, MR. KIRBY? YES. MR. LARSON YES. MR. SHELL YES, YES. HAVE IT. THE MOTION PASSES WITH ALL VOTES TO ADMIT THE DOCUMENT. I MOVE FOR APPROVAL. THE FINAL MODIFICATION 71 BASED ON THE FINDING IN THE STAFF REPORT.
AND SEEING THAT THERE ARE NO CONDITIONS. DO I HEAR A SECOND ON THE FINAL VOTE AND MODIFICATION ITSELF? SECOND, AND DISCUSSION ON THE MOTION. COULD THE ROLL, PLEASE, MR. KIRBY? YES. MR. LARSON YES. MR. SHELL YES. THE AYES HAVE IT. THE MOTION PASSES WITH ALL VOTES TO GRANT THE FINAL DEVELOPMENT MODIFICATION. THANK YOU. DO WE HAVE ANY OTHER BUSINESS? FOR COMMENTS? BRUCE. NO PROBLEM HANS, NO COMMENT. THANK YOU. AND
* This transcript was compiled from uncorrected Closed Captioning.