Oct 20, 2025 Planning Commission

[I. Call to order ]

[00:00:07]

PLANNING COMMISSION MEETING FOR MONDAY, OCTOBER 20TH. CAN I GET THE ROLL, PLEASE, MR. KIRBY? PRESENT, MR. WALLACE. PRESENT. MR. SHELL PRESENT. MR. LARSON PRESENT. MR. BRIGGS HERE. ALL VOTING MEMBERS ARE PRESENT. WE HAVE A QUORUM. ARE THERE ANY CORRECTIONS TO THE MINUTES FROM

[III. Action on minutes: September 15, 2025 ]

[Additional Item]

[VI. Cases]

THIS KIND OF SUMMARIZES ALL THAT I JUST SAID, AND I WANTED TO KIND OF SHOW THE RENDERING THAT WAS PROVIDED BY THE APPLICANT THAT SHOWS THE PATIO ELEVATION, NEGATIVE IMPACT OF ENCROACHMENT IS REDUCED DUE TO THE LOT ABUTTING AND OPEN RESERVE, AND THERE'S LESS CHANCE OF OVERCROWDING THAN IF IT WERE ABUTTING ANOTHER HOUSE. UNCOVERED PAVER PATIOS ARE GENERALLY CONSIDERED LESS INTRUSIVE THAN OTHER RECREATIONAL AMENITIES, AS EVIDENCED BY CODE ALLOWING SUCH STRUCTURES TO ENCROACH CLOSER TO THE REAR LOT LINE THAN OTHER RECREATIONAL AMENITIES. AND THESE ARE THE CONDITIONS OF APPROVAL. THEY ARE ESSENTIALLY TO MEET OTHER APPLICABLE SIZE CODE REQUIREMENTS, AND FOR THE RETAINING WALL TO BE ABOVE A CERTAIN ELEVATION PER DISCUSSION WITH THE ENGINEER, SO THAT ESSENTIALLY THERE'S NO GRADE CHANGE WITHIN THE 100 YEAR FLOOD ZONE SO THAT WATER WOULD NOT BE DISPLACED IN THAT EVENT. I'M HERE IF YOU HAVE ANY QUESTIONS, ANY ENGINEERING, NOTHING ADDITIONAL THAN THE CONDITION, SHE STATED. DO WE HAVE ACTUALS ON WHERE THE 100 YEAR FLOOD PLAIN LOT, FLOOD PLAIN LINE GOES ON THIS LOT AND IS IT IS THAT 1015.74FT? THAT'S THE TOP OF THE FLOODPLAIN. SO IT HAS TO STAY ABOVE THAT. DO WE KNOW WHERE IN TERMS OF THE LOT LINE AND THE SETBACK LINE, THAT PARTICULAR TOPO LINE LIES? IT'S NOT IN THE IT'S NOT WITHIN THE REAR LOT. IT STAYS OUTSIDE OF THE, THE ACTUAL LOT. BUT AS THROUGH CONSTRUCTION, WE WANT TO MAKE SURE THE GRADE OF THAT

[00:05:01]

I ASSURE YOU I WOULD NOT HAVE MISSED IT. I KNOW IT WAS THE 15TH AND THE SECOND, SO I'M HERE TONIGHT TO ANSWER ANY QUESTIONS. MY WIFE AND I ARE EXCITED ABOUT THE PROJECT. A COUPLE OF THINGS I'D JUST LIKE TO HIGHLIGHT. I KNOW THAT BECAUSE I LOOKED AT THE I WATCHED THE MEETING AGAIN TONIGHT BEFORE I CAME TONIGHT. ONE THING, THERE ARE NO OBJECTIONS FROM THE NEIGHBORS. I ACTUALLY HAD SPOKEN WITH THE NEIGHBOR HERE WHO LIVES DIRECTLY BEHIND ME ACROSS THE RETENTION POND WHERE HE'S STARING AT IT. HE'S EXCITED TO ACTUALLY COME OVER ONCE I GET IT BUILT. THE NEIGHBOR DIRECTLY TO OUR SOUTH, WHO IS REALLY THE ONLY HOUSE THAT'S ADJACENT TO MINE. AS SOON AS THE LETTERS WENT OUT FROM THE CITY WITH RESPECT TO THE SEPTEMBER 15TH MEETING, I TALKED TO THEM. THEY'RE ALSO VERY EXCITED ABOUT THE PROJECT. THEY HAD NO OBJECTION WHEN THERE WAS ACTUALLY ONE OF MY OTHER NEIGHBORS WHO HAPPENED TO JUST SHOW UP. I SAW HIM HERE. ASK HIM, ARE YOU HERE TO OBJECT TO MY PATIO? AND HE'S LIKE, NO, NO, I'M NOT HERE TO TALK TO THE ENGINEER FOR SOMETHING ELSE. SO THE NEIGHBORS ARE ALL, THERE HAVE BEEN NO OBJECTIONS TO ANYONE WHO IS IN OR NEAR OR KNOWS OF THE PROJECT WITH RESPECT TO THE. AS THE STAFF REPORT MENTIONS, I MEAN, ADDING THE PATIO IS NOT GOING TO OVERCROWD OVERCROWD THE AREA BECAUSE MY LOT IS KIND OF UNIQUELY PLACED AND THAT SITS RIGHT AT THE ELBOW OF THAT RETENTION POND. I MEAN, I HAVE NO NEIGHBORS TO THE WEST. I HAVE NO NEIGHBOR TO THE NORTH. SO YOU'RE NOT TALKING ABOUT AN OVERCROWDING ISSUE WITH RESPECT TO THE RETENTION POND AND HOW IT ACTUALLY FUNCTIONS, ACTUALLY, VERY WELL AS A RETENTION POND IN THIS JOB. WE'VE BEEN THERE SINCE WE BUILT THE HOUSE TEN YEARS AGO IN APRIL. THE WAY THE RETENTION POND ACTUALLY FILLS IS THAT WITH THE HEAVY RAINS, IT DOES COME UP OUT OF ITS BANKS A LITTLE BIT. IT NEVER ACTUALLY FLOODS TO WHERE THAT OAK TREE IS. IT SITS. RIGHT? ACTUALLY, IF DEPICTED THERE, THE LOT LINE IN RED, THE NORTHEAST CORNER, THERE'S THAT OAK TREE RIGHT THERE. THE RETENTION POND ACTUALLY NEVER FLOODS UP PAST THAT. IT ACTUALLY OVERFLOWS ITS BANK TO THE SOUTH. THERE'S WHAT LOOKS LIKE THE SILVER OR THAT SORT OF STONE LOOKING CIRCLE THERE BEHIND THE HOUSES TO THE SOUTH OF THE RETENTION POND, ACTUALLY OVERFLOWS ITS BANKS AND HEADS TOWARD. THAT'S A LIKE A CATCH BASIN RIGHT THERE THAT'S COVERED IN LARGE ROCK TYPE ROCK. SO WHENEVER THE RETENTION POND, WHENEVER WE GET REALLY BIG RAINS. MOST OF THE AREA FROM THE EAST RAINS THE RETENTION POND. MOST OF IT DRAINS THROUGH A SWALE. THE HEADS TOWARD THE WEEPING WILLOW TREE THAT'S ON THE NORTHEAST CORNER OF THE POND. SO IT REACHES ITS BANK, USUALLY TO THE SOUTH, HEADS TOWARD THAT CIRCLE. THAT CATCH BASIN NEVER ACTUALLY GETS THERE. AND THEN WITHIN AN HOUR OR SO, I MEAN, IT'S BACK WITHIN ITS BANK. SO THERE'S NOT REALLY AN ISSUE OF THAT RETENTION POND SPREADING OUT. AND QUITE HONESTLY, MY CAREER, THE SCREEN PORCH ON MY HOUSE TO THE RETENTION POND IS PROBABLY LIKE A FOUR FOOT DROP AS THE NEIGHBORS ARE IN THE WEST.

THOSE ARE PRETTY STEEP, SO I DON'T REALLY THINK THERE'S MUCH. THERE'LL BE MUCH OF AN ISSUE WITH RESPECT TO THE RETENTION POND AND HOW IT THE PATIO AND THE ENCROACHMENT AND THE SETBACK AFFECTING HOW IT DRAINS. ALSO LIKE TO TALK ABOUT THE RECOMMENDED OR THE CONDITIONS OF STAFF PLACED ON THOSE ARE THE TWO CONDITIONS. BOTH OF THEM ARE ABSOLUTELY, 100% ACCEPTABLE TO US WITH RESPECT TO THE ELEVATION. THE QUESTION WAS ASKED EARLIER, THE FLOODPLAIN DOES SIT AT 1015 TEN 15.4. I VERIFIED THE HEIGHT OF OUR PATIO WILL BE AT TEN 18.4, SO IT WILL BE THREE FEET THREE OR SO INCHES HIGHER THAN WHAT THE FLOODPLAIN WOULD BE. SO I

[00:10:04]

YEAH. GO AHEAD. AND THEN A FINAL THING, THOUGH, WASN'T A CONDITION OF APPROVAL FROM ON THE STAFF REPORT. I KNOW THERE WAS THERE WAS DISCUSSION LAST MONTH AND THIS MONTH ABOUT THE GRADING BASICALLY BEHIND THERE TOWARD THE RETENTION POND. WE'RE MAKE SURE THAT THAT DOES NOT CHANGE. SO THERE WILL BE NO GRADE CHANGE WITHIN THE WELL JUST OUTSIDE THE 100 YEAR FLOODPLAIN. BUT JUST TO KEEP THAT SLOPE AS IT IS. SO TO ENSURE PROPER DRAINAGE BEHIND THE PATIO AND THE RETENTION WALL DOWN TOWARD THE POND, BECAUSE I DON'T WANT TO FLOOD OTHER PARTS OF MY YARD BECAUSE OF THAT, IT'S IN THE WRONG SPOT. SO WE'LL MAKE SURE DURING CONSTRUCTION AND AFTER AS BUILT, IT WON'T. THAT GRADE WILL NOT CHANGE. I MEAN, I'M NOT GOING TO GO THROUGH ALL THE DUNCAN FACTORS. THE REPORT DID A GREAT JOB DOING THAT. SO I'LL JUST I MEAN, I'M RESPECTFULLY REQUESTING THAT YOU APPROVE THE VARIANCE WITH THE CONDITIONS THAT THE STAFF REPORT RECOMMENDED. AND I'M HAPPY TO ANSWER ANY QUESTIONS YOU GUYS HAVE. THANK YOU. THIS IS FOR STAFF. CAN YOU GO BACK TO THE INITIAL. SLIDE THAT THAT SHOWS.

THAT'S THE ONE. SO IS THE HOUSE DIRECTLY TO THE SOUTH THAT THAT BRIAN MENTIONED HIS NEIGHBOR DOWN THERE. WOULD THEY BE SUBJECT TO THE SAME RESTRICTIONS? YES, IT WOULD BE.

SO IF THEY CAME IN AND ASKED FOR THE SAME TYPE OF PATIO ARRANGEMENT, THEY WOULD HAVE TO ASK FOR VARIANCE AS WELL. THEY WOULD. AND THE. LIMITATIONS FOR THE SETBACKS ARE DRIVEN BY THE LOT SIZE. IS THAT RIGHT? AS OPPOSED TO THE LOCATION OF THE OF THE THE POND? IS THAT RIGHT? THE SETBACKS ARE BASED ON JUST BASE CODE. SO THIS IS NOT IN A PUD. SO ALL HOUSES HAVE THIS SETBACK REQUIREMENT UNLESS THERE'S A PUD WITH OTHER ZONING REQUIREMENTS OKAY. BRIAN, DID DID YOU LOOK INTO PLANS THAT WOULD. THAT WOULD PUT A, A DECK ET-CETERA THAT WOULD BE WITHIN THE CURRENT SETBACKS? WELL, THE WAY THE HEARD THE HEARD WAS THAT WE WANTED TO USE I LOOK BACK AT THAT. IT'S INTERESTING. YOU CAN GET THEM IN, I'LL SAY DIFFERENT LENGTHS, BECAUSE IF YOU LOOK AT IF YOU THINK OF THE LENGTH BEING NORTH TO SOUTH DIRECTION ON OUR PLAN, THEY COME IN VARIOUS LENGTHS THAT WOULD RUN THAT DIRECTION, BUT THE WIDTH THAT WILL RUN EAST TO WEST, IT'S LIKE STANDARD. THERE'S NO LIKE DIFFERENT THINGS. SO TO BE ABLE TO HAVE

[00:15:02]

WHICH I DID NOT APPROVE MY OWN HOA. I DID NOT APPROVE THAT MYSELF. BUT YEAH. SO THAT'S OUR NEIGHBORHOOD NEIGHBORS. YEAH. RESOURCE BASED HOA OWNS AND MAINTAINS BECAUSE THERE'S REALLY NO DISTINCTION IN MY BACKYARD TO THE RESERVE AREA. WE YOU KNOW, WE LOVE ALL THOSE AREAS. IT JUST FOR CLARIFICATION, THAT RESERVE AREA IS OWNED BY THE CITY OF NEW ALBANY. IT MIGHT BE MAINTAINED BY THE HOA, BUT IT'S OWNED BY THE CITY ARE. HEY BRIAN. THE ARE THOSE THE SHRUBS? THE GREEN SHRUBS BELOW THE PERGOLA? ARE THOSE ALREADY IN EXISTENCE OR DO YOU IS THAT A RENDERING TO PUT THOSE IN. THOSE ARE GOING TO BE INSTALLED.

YEAH. THERE'S NO THERE'S THAT'S JUST GRASS THAT RUNS STRAIGHT TO THE FOUNDATION HOUSE RIGHT NOW. SO HELP, HELP. YOU HAD MENTIONED LIKE THE STEP DOWN. HELP ME UNDERSTAND IF YOU IF YOU DIDN'T HAVE THOSE SHRUBS AND YOU PULLED THE PERGOLA PERGOLA CLOSER TO THE HOME.

WHAT HOW DOES WHERE'S THE STEP DOWN AND HOW DOES THAT. OH, YOU'RE SO YOU'RE TALKING NOT ABOUT CHANGING THE WHERE THE PATIO IS, BUT JUST THE PERGOLA SPACE ITSELF. BECAUSE I WAS THINKING, IF YOU WERE SAYING I WANTED TO JUST PULL THAT NORTHERN PATIO LINE DOWN TO BUILD A SHIFT, THE ENTIRE THING THAT THAT AFFECTS THE OPPOSITE END, WHERE THE STAIRS GETTING OUT OF THE. COOKTOP. AND DO YOU GUYS HAVE A POINTER THERE? AND BRUCE, MAYBE IS THIS WHAT YOU'RE GETTING AT? YEAH, YEAH. SO I THINK THE THE QUESTION IS LIKE, OBVIOUSLY THE PATIO HAS TO COME HERE WITH THE PERGOLA OUT HERE. BUT IF IF YOU DIDN'T HAVE THE SHRUBS HERE AND YOU DO THE PERGOLA CLOSER TO THE HOME AND THEN SHRUNK THE PATIO A LITTLE BIT, IS THAT. YEAH, THAT'S WHAT I WAS SAYING. WHEN YOU SHRINK THE PATIO THERE, THEN YOU SHRINK MEAN YOU'RE SHRINKING THE ENTIRE THING. SO THEN YOU'RE REDESIGNING THE OTHER SIDE AS WELL, BECAUSE ALL THAT WON'T FIT WHERE I DON'T THINK IT'S GOING TO FIT THE OUTDOOR KITCHEN. THAT'S BASED ON THE STEPS TO GET OFF THE PATIO ALL FIT ON WHAT IS THE LEFT SIDE OF THE PATIO. AND THAT'S WHAT I'M TRYING TO UNDERSTAND. MAYBE TAKE THIS AND KIND OF TALK THROUGH THAT. SO ARE YOU SAYING THIS THIS WOULD ALL BE NEW AND YOU WOULD HAVE TROUBLE FITTING IT IN NOW? YOU'D HAVE TROUBLE FITTING THAT OTHER SIDE IN THERE, BECAUSE YOU'RE GOING TO PULL THAT BACK FOR WHAT? THE DISTANCE FOR US TO GET THAT WITHIN THE SETBACK. I MEAN, I THINK THERE'S A SOLUTION THAT YOU COULD GET TO THAT MAYBE ISN'T EXACTLY WHAT YOU'RE LOOKING FOR, BUT IT COULD BE BUILT WITHIN THE SETBACKS OR OUTSIDE OF SETBACKS. YEAH. NOT ENCROACHING SETBACK.

AND I'M SORRY. MAYBE I'M HAVING TROUBLE UNDERSTANDING. MAYBE IF YOU WANT TO USE THIS. BUT CAN YOU TALK A LITTLE BIT ABOUT. IS THAT WHAT YOU'RE WORRIED ABOUT, THESE THESE ITEMS YOU'RE PUTTING IN? YES. THANK YOU. YEAH. THIS. THE THE THIS ACTUALLY EXISTS RIGHT NOW ALMOST IN THIS FORM BECAUSE THIS IS LIKE LAYING AREA WITH TWO STEPS THAT COME DOWN HERE.

SO WE'RE GOING TO ADD. AT THESE WRAPAROUND. ONCE WE WERE TO PULL THIS LINE AGAIN THAT YOU ARE GOING TO HAVE TO REDESIGN THIS SIDE AS WELL BECAUSE ALL OF THESE ITEMS ARE NOT GOING TO BE PULLED IN. AND THIS IS GOING TO BE ON THIS SIDE. HOW DO YOU ALIGN BOTH SIDES? YEAH. SO THE.

SO THAT'S THE KITCHEN STUFF YOU SAID. RIGHT. THERE'S RIGHT NOW THERE'S A PROPOSED BUILT IN OKAY. WITH THE CENTER. AND THE ROUND THING IS. WHAT WAS THAT AGAIN I THINK THAT'S JUST. YEAH.

[00:20:12]

YES. OKAY. OTHER QUESTIONS. I KNOW YOU MENTIONED THAT THE NEIGHBORS WERE NOTIFIED AND BRIAN MENTIONED HE HADN'T HEARD ANYTHING NEGATIVE. WAS THERE ANY FEEDBACK FROM THE NEIGHBOR? THERE WAS NO FEEDBACK. NO THANK YOU. SPEAKING OF WHICH, ANYONE FROM THE PUBLIC HAVE ANY QUESTIONS OR COMMENTS THAT THEY'D LIKE ADDRESSED ON THIS ISSUE? OKAY. THANK YOU. ALL RIGHT. WHAT WE'RE THINKING I MOVE TO ACCEPT THE STAFF REPORTS AND RELATED DOCUMENTS INTO THE RECORD FOR VARIANCE 69 2025. DO I HEAR A SECOND FOR THE DOCUMENTS? SECOND, AND DISCUSSION ON THE DOCUMENTS MOTION. OKAY. THE ROLL PLEASE, MR. KIRBY? YES, MR. WALLACE? YES, MISS BRIGGS? YES, MR. SHELBY? YES, MR. LARSEN? YES, YES, THE MOTION PASSES WITH ALL VOTES TO ADMIT THE DOCUMENTS. OKAY. FURTHER QUESTIONS FROM THE COMMISSION. THANKS, THANKS.

OKAY, I GUESS, BRIAN, ONE LAST QUESTION. LIKE, HAVE YOU? YOU WORKED, I'M ASSUMING, WITH SOME TYPE OF ARCHITECT OR SOME TYPE OF. CONSTRUCTION THROUGH SOME LANDSCAPING? YES. I MEAN, THEY WERE THE ONES WHO PUT TOGETHER THE PLAN. SO WHOEVER ON HIS STAFF TOOK CARE OF THAT FOR US.

YES. AND DID THEY LOOK AT ANY OTHER OPTIONS TO TRY AND AVOID BEING TO COME OUTSIDE THE CENTER? NO WE DIDN'T I MEAN, I'LL BE COMPLETELY HONEST. WE WANTED TO TAKE THE MOST ADVANTAGE OF THE TINY LITTLE BACKYARD THAT WE HAVE. YOU KNOW, WE ADDED THE BUSHES THERE JUST TO GIVE SOME GREEN SPACE TO WHAT WAS GOING TO BE A LARGE PAVED AREA THAT WAS COMPLETELY IMPERVIOUS. AT LEAST NOW THERE WILL BE SOME IRRIGATION IN SOME LANDSCAPING TO BE ABLE TO ADD A LITTLE BIT TO MAKE SURE THAT TO GIVE THE BACKYARD OTHERWISE IN THE BACK OF THE HOUSE IS JUST PURE WHITE. RIGHT THERE WITH THE SIDING IS TO ADD A LITTLE COLOR, A LITTLE TEXTURE TO THE BACKYARD AREA TO GIVE IT SOME VISUAL APPEAL. SO NO, WE DID TRY AND TAKE ADVANTAGE OF THE TINY SPACE THAT WE HAD. YOU KNOW, I MEAN, WHEN YOU LOOK AROUND, I MEAN, THERE ARE A LOT OF A LOT OF MY NEIGHBORS HAVE LARGE PATIOS. I MEAN, THE ONE THAT WAS PUT IN AT THE CORNER THERE, STRAITS LINK WHEN YOU COME IN AT COLE PARK LOOP, I MEAN, I GOT LIKE A 15 FOOT FIREPLACE THAT SITS LIKE RIGHT ON THE STREET THERE WHEN THEY BOXED IN THE BACK. IT IS GORGEOUS WHAT THEY DID LIKE. I MEAN, SO TO ANSWER YOUR QUESTION, THAT WAS THE OPTION.

YOU KNOW, THAT WAS THE DESIGN THAT WE RENDERED THAT WE CAME UP WITH. AND THEN WHILE WE PUT FORWARD. THANK YOU. ANY OTHERS? DO YOU HAVE A MOTION ON THE VARIANCE ITSELF? I'LL MOVE TO APPROVE APPLICATION VARIANCE 692025 WITH THE CONDITIONS AS LISTED IN THE STAFF REPORT.

HERE A SECOND SECOND. ANY DISCUSSION ON THE MOTION OKAY. THE ROLL PLEASE. MR. LARSON? NO.

MR. WALLACE, NO. MISS BRIGGS. NO. MR. SHELL, NO. MR. KIRBY. NO. THE NAYS HAVE IT. THE MOTION FAILS WITH ZERO VOTES TO GRANT THE VARIANCE AND ALL VOTES TO DENY. IF YOU COULD PLEASE STATE YOUR REASONS FOR THE RECORD. YEAH, FOR MY REASONS, I BELIEVE THAT REALLY THERE IS ANOTHER ALTERNATIVE THAT COULD BE DONE THAT WOULD BE SATISFACTORY, THAT WOULD LIVE WITHIN THE REQUIRED SETBACKS. UNFORTUNATELY, THESE CASES CAN BE DIFFICULT TO DECIDE, BUT I DON'T THINK THAT THIS APPLICATION MEETS THE DUNCAN REQUIREMENTS, PARTICULARLY BECAUSE THE LOT TO THE SOUTH IS SUBJECT TO THE SAME RESTRICTIONS. AND OBVIOUSLY THE THE LIMITATIONS ON THE LOT WERE KNOWN TO THE OWNER WHEN THE LOT WAS PURCHASED. SO UNFORTUNATELY, I AND WORRYING ABOUT SETTING PRECEDENTS FOR FOLKS TO COME IN AND JUST CHANGE THE OR EXCEED THE SETBACKS FOR THOSE REASONS, I HAD TO VOTE NO. OTHERS. I CONCUR WITH WHAT BRUCE SAID. I THINK THERE IS A BETTER PLAN THAT COULD HAVE BEEN PRODUCED THAT DID NOT REQUIRE THE SETBACKS AND THE VARIANCES, AND ALSO CONCERNED ABOUT SETTING A PRECEDENT FOR THE OTHER NEIGHBORS IN THE SAME AREA. YEAH, I DON'T LIKE TURNING THIS ONE DOWN, BRIAN. LIKE, I, I THINK IT'S PRETTY I THINK THE RENDERING IS NICE. I JUST IT'S

[00:25:01]

HERE'S A PROPOSED BUILDING. HERE'S SELLER ROAD. THE EXISTING DATA CENTER IS SHOWN

[00:30:02]

BUT THE UNDERLYING GE DISTRICT, WHICH DID NOT AT THE TIME INCLUDE DATA CENTERS IN THE CODE ITSELF. WE WE WROTE THAT WE WE ACTUALLY GOT THAT AS A PERMITTED USE BY WRITING THAT IN AT THE TIME. BUT THOSE GENIUSES AND DATA CENTERS, WHICH ARE PERMITTED IN THE GE DISTRICT, DON'T HAVE ANY HEIGHT LIMITATIONS AT ALL. AND THE UNDERLYING CODE. SO HISTORICALLY THAT 65FT HAS SORT OF BEEN A SELF-IMPOSED LIMITATION. SIMILARLY, THE OFFICE CAMPUS DISTRICT, WHICH ALLOWS DATA CENTERS IS IS ALSO PERMITTED USE SET IN THE IN THE ZONING ON THIS SITE THE PUD. AND THAT UNDERLYING CODE ALLOWS 65FT OF BUILDING HEIGHT. SO THE THOUGHT BEING THAT AT THE TIME, I THINK GIVEN THIS PROXIMITY TO THE HOMES AND THIS WAS ALL PART OF ONE SINGLE PARCEL AT THE TIME, 45FT WAS WHERE WE SET IT IN. THE INDUSTRY WAS SORT OF OKAY WITH THAT, BUT IS NOT ANYMORE. THE NORTHEAST BUSINESS PARK DISTRICT IS. THIS IS ON BEECH ROAD NORTH OF THE EXPRESSWAY. WE'VE GOT A RESIDENTIAL NEIGHBORHOOD HERE, AND OVER HERE ARE SOME RURAL RESIDENTIAL 65 FOOT BUILDING HEIGHT LIMITATION WITH 100 FOOT BUILDING SETBACK FROM RESIDENTIAL IN 2023. ANOTHER ONE IS CALLED THE ZONING DISTRICT. IN FACT, I'M GOING TO BE BRINGING THIS TO YOU IN THE NEXT MONTH OR SO READING ANNEX THIS AND ZONE IT FOR ANOTHER CLIENT. BUT THIS ZONING RIGHT HERE, THE ZONING DISTRICT

[00:35:07]

THIS ONE IS LOOKING SORT OF NORTHWESTWARD THROUGH FROM THE LINKS OVER THERE. AND SEE THAT HEAVILY TREED AREA REFERENCED EARLIER. THERE'S THE EXISTING. AND OF COURSE YOU CAN'T REALLY SEE ANYTHING THROUGH THOSE TREES. NOT SURE WE NEED TO DO THE AERIAL THERE. BUT YOU KNOW, OBVIOUSLY A BIG NATURAL SCREEN IN THAT LOCATION. AND THEN THIS IS LOOKING FROM THIS WOOLCOTT MANNER. IS THAT WHAT IT'S CALLED LOOKING NORTHWARD FROM WOLCOTT MANOR? THIS IS A BIT OF A LONGER DISTANCE AWAY THAN THOSE OTHER NEIGHBORHOODS. THERE'S WHAT YOU'LL SEE IN THE DISTANCE FROM THAT LOCATION. SO I THINK THAT'S VERY INDICATIVE OF, OF WHAT THE, THE CHANGE TO THE LANDSCAPE IS GOING TO BE. AND REALLY IT'S NOT VERY MUCH OF A OF AN IMPACT AT ALL FROM, FROM THE NEIGHBOR'S STANDPOINT. SO WITH THAT, I'D LIKE TO ASK MILES KIRSTEN, WITH KIRSTEN, WITH STACK INFRASTRUCTURE. I WANTED HIM TO TALK A LITTLE BIT ABOUT THE OPERATIONAL NEEDS THAT ARE DRIVING THIS, THIS VARIANCE REQUEST. THANK. GOOD EVENING. I'M VERY EXCITED TO BE IN FRONT OF YOU GUYS TODAY TO PRESENT OUR PROJECT AND REQUEST THIS HEIGHT VARIANCE. WE OURSELVES STACK INFRASTRUCTURE ARE SPECIALIZED IN DEVELOPING DATA CENTERS. MUCH LIKE FOLKS WILL SPECIALIZE IN OFFICE OR INDUSTRIAL. WE SPECIALIZE IN DATA CENTERS HERE WITH OUR PROJECT, WHICH WE HAVE DUBBED AN L ONE, A THE LEGACY PROJECT THAT YOU HAVE SEEN. THAT'S A SINGLE STORY PROJECT ABOUT ONE EIGHTH THE DENSITY THAT WE'LL BE ABLE TO PROVIDE WITH NLPHL ONE B OUR NEXT PROJECT, THIS WILL BE A FLAGSHIP PROJECT AND A TWO STORY PROJECT FOR US, THIS ADDITIONAL TEN FEET BRINGING US UP TO 55FT, BRINGS THIS PROJECT TO REALITY THROUGH FEASIBILITY AND OUR CLEARANCE HEIGHTS. RIGHT NOW, WITH OUR CUSTOMER DEMANDS AND THE REQUIREMENTS, WE'RE UNABLE TO FIT ESSENTIALLY TWO STORIES WITHIN THE 45 FOOT HEIGHT RESTRICTION. THIS ADDITIONAL TEN FEET WOULD ALLOW THE PROJECT TO COME TO REALITY. THE REASON THAT IS, IS REALLY THE SHIFTING FROM THE DESIGNS OF YESTERYEAR TO THE DENSIFICATION

[00:40:04]

THERE WE GO. SO IN RED IS THE CURRENT SITE THE BRIGHT OR THE SOLID GREEN TO THE NORTH DIAGONALLY IS ZONED AG. WHOSE OWNERSHIP IS THAT UNDER. DO WE KNOW? YES. THE BAILEY TRACT AND THE STRATEGIC PLAN, THE FUTURE LAND USE DISTRICT FOR THAT IS EMPLOYMENT CENTER TO MORE COMMERCIAL. OKAY. AND IT GOES ALL THE WAY TO WALNUT, I PRESUME. CORRECT. OKAY. AND THE HATCHED AREA OR THE STRIPED AREA THAT THIS IS PART OF, CAN WE WALK THROUGH THERE AND POINT OUT ANY OR ANY OF THOSE? WHICH OF THOSE HAVE A 65 FOOT HEIGHT ALREADY? LET'S SEE, BECAUSE THE ONE TO THE ONE TO THE EAST, IS IT 45 BECAUSE THEY'RE. BUT THEY ABUT CLARENDON CORRECT. YEAH.

THE, THE SIX. THERE'S A 65 FOOT LIMITATION HERE. THIS IS THE EDGE DATA CENTER. THIS IS UNDEVELOPED. I'D HAVE TO DOUBLE CHECK THE PHARMAVITE OR NOT. PHARMAVITE. I ALWAYS GET THIS AMERICAN REGENT. THIS MIGHT BE 65, 40. THAT'S 45. WE JUST DOUBLE CHECK. SORRY. AND THEN THE REST OF THE THE GREEN AROUND HERE. THIS IS THE ALL UNDER THAT SAME ZONING DISTRICT WITH THAT 45 FOOT HEIGHT LIMITATION. OKAY, SO THIS IS ALL SURROUNDED BY WITH THE EXCEPTION OF THE AG SIMILAR USE. AND ALL OF IT IS BUFFERING IT FROM THE SURROUNDING RESIDENTIAL OR THE FARTHER AWAY RESIDENTIAL. IT'S ONE REMOVED FROM RESIDENTIAL IN ALL DIRECTIONS. CORRECT. OKAY. YOU'RE LUCKY. BECAUSE BECAUSE THAT GIVES YOU THE THE YOUR NEIGHBORS ARE PROVIDING THE SCREENING YOU NEED. AND THE FACT THAT YOU'RE NOT AGAINST RESIDENTIAL. SURE. AND ALSO AS A WARNING THAT THIS MIGHT NOT BE WELL RECEIVED. FOR EXAMPLE, THE PROPERTY DUE NORTH OF THIS ONE, ABUTS CRAIG'S PLACE AND RIGHT. AND ALL OF THE RESIDENTIAL THAT'S ON WALNUT. WE'RE EXPECTING THE AG TO BE COMING AS A REDEVELOPMENT WITH SOMETHING MORE DENSE, OKAY. AND NONRESIDENTIAL. YEAH, THAT'S WHAT THE STRATEGIC PLAN CALLS FOR. OKAY. OTHER PEOPLE'S QUESTIONS. AARON, WHY IS THIS NOT A REZONING APPLICATION? WELL, WE THOUGHT ABOUT THAT. AND I GUESS MAYBE FOR PURPOSES OF EFFICIENCY, WE WEREN'T REALLY CHANGING ANY OTHER STANDARDS. I MEAN, WE WEREN'T ADDING ANY USE. THE

[00:45:04]

AND, YOU KNOW, WE HAVE A YOU KNOW, WE HAVE A INITIAL ZONING THAT WAS AGREED TO AND THE AND THE OWNER KNEW WHAT IT WAS AND PURCHASED THE PROPERTY WITH THOSE LIMITATIONS ON IT. AND I GUESS YOU'RE TRYING TO MAKE THE CASE THAT, THAT THE PROPERTY CAN'T BE USED IN THE MOST BENEFICIAL WAY, THE WAY IT'S CURRENTLY ZONED. BUT, YOU KNOW, THERE'S SOME EVIDENCE OF THAT.

BUT I'M STRUGGLING TO TO SEE HOW WE CAN CONSISTENTLY AT LEAST I CAN CONSISTENTLY, FOR EXAMPLE, DENY THE PRIOR APPLICATION FOR VARIANCE, BUT THEN GRANT THIS ONE. RIGHT.

WELL, I THINK THAT IN THIS PARTICULAR CIRCUMSTANCE, WE DO WE DO HAVE CHANGED CIRCUMSTANCES OVER THE YEARS. I MEAN, IF I WERE TO IF I WERE TO COME IN HERE AND THAT EXISTING DATA CENTER DIDN'T, WASN'T THERE, I THINK IT WOULD BE A DIFFERENT STORY. AND I THINK AT THE TIME IT WAS UNKNOWN. THERE WAS NO DEVELOPMENT PLAN WITH THAT PROJECT. IT WAS BASICALLY A BUBBLE PLAN. AND SO, YOU KNOW, I THINK THAT THE DUNCAN FACTORS ARE A WEIGHING FACTORS. SO NO ONE OF THEM CONTROLS. YEAH. DID THIS BUYER HAVE KNOWLEDGE OF THE RESTRICTIONS? RESTRICTIONS, CERTAINLY. BUT I DO THINK THERE IS A CREDIBLE ARGUMENT THAT OVER TIME THE THE TECHNOLOGY AND CIRCUMSTANCES HAVE CHANGED SUCH THAT, YOU KNOW, THE VARIANCE IS WARRANTED. WE'RE NOT ASKING FOR ANYTHING EVEN UNFORTUNATELY, THAT'S JUST FOR THE USE THAT YOU THINK THAT IS GOING TO BE THE ONE THAT THAT USERS ARE GOING TO BE MOST INTERESTING AND TAKING ADVANTAGE OF. THERE ARE CERTAINLY OTHER USES FOR THE PROPERTY, YOU KNOW, BUT I HEAR WHAT YOU'RE SAYING THAT'S NOT REALLY WHERE THE BUSINESS IS. RIGHT. WELL, WE WE COULD CERTAINLY STIPULATE THAT THIS IS THE ONLY BUILDING TYPE THAT IT COULD THAT THE VARIANCE WOULD APPLY TO. I MEAN, WE WOULDN'T BE ASKING FOR THIS FOR THE OFFICE OR A MANUFACTURING PRODUCTION BECAUSE THAT WASN'T THE INTENT. THAT'S A GOOD POINT ACTUALLY. YEAH. BECAUSE THE THING WE GET TO IS PRECEDENT THAT YOU'RE IDENTICALLY ZONED TO MOST OF THE NEIGHBORS. AND A VARIANCE HERE GRANTS THEM THE RIGHT TO SAY, ME TOO. I'VE GOT EXACTLY THE SAME ZONING. AND THEN WE ARE ARGUING CIRCUMSTANCE. WELL, RIGHT. AND I MEAN THAT'S THAT'S WHAT VARIANCE IS ESSENTIALLY ARE IS TRYING TO ARGUE THOSE CIRCUMSTANCES. AND YOU PUT IT MORE ELOQUENTLY THAN I COULD, NEIL, IN TERMS OF, YOU KNOW, WE'RE SORT OF INSULATED HERE ULTIMATELY BY WE'RE SORT OF A DONUT HOLE, SO TO SPEAK. AND THE GUYS OR GALS OR PEOPLE NEXT TO US ARE GOING TO BE UP AGAINST, YOU KNOW, RIGHT UP AGAINST PROPERTY LINES WHERE THERE ARE AT LEAST RESIDENTIAL USES EXISTING TODAY, WHEREAS WE DON'T HAVE THAT CONDITION SURROUNDING US. SO TO ME, THAT'S A STRONGER ARGUMENT FOR REZONING THAN IT IS FOR VARIANCE. BUT BUT I HEAR YOU. SO A QUESTION FOR STAFF. THE BASICALLY WE'RE CHANGING ONE NUMBER IN THE ZONING TEXT. THIS VARIANCE CHANGES A NUMBER IN THE ZONING TEXT FOR THIS PROPERTY. YES. AND I THINK IT BASED ON WHAT AARON JUST MENTIONED, IT WOULD BE JUST FOR A DATA CENTER USE. YEAH, WE'LL STIPULATE THAT THAT THAT'S A DIFFERENT THE VARIANCE ITSELF COULD COME WITH CONDITIONS. BUT THE ACTION OF THE VARIANCE IS TO CHANGE 45 TO 55, PROBABLY IN LIKE ONE SENTENCE IN THE TEXT. WE'LL ADD STUFF TO IT AS CONDITIONS OF GETTING THERE.

BUT ACTUALLY WHAT THEY SAID THEY WOULD SAY THEY WOULD CHANGE 45 TO 55. IF IT'S A DATA CENTER OKAY. ONLY FOR OKAY, I THINK. ALL RIGHT. YOU'RE RIGHT. BUT I THINK THAT'S WHAT I JUST HEARD AARON SAY, THAT WE CAN'T USE A TEXT MODIFICATION BECAUSE IT'S PART OF A BIGGER ZONING THAT WOULD REQUIRE ADDITIONAL PROPERTY OWNERS TO BE A PART OF THE APPLICATION. RIGHT, BECAUSE IT WOULD MODIFY ALL OF THE TEXT FOR ALL OF THE NEIGHBORS THAT ARE CARRYING THE STRIPES HERE.

SO TEXT MODIFICATION WON'T DO IT. YEAH. AT LEAST IN THAT AREA. YES. SAY AGAIN WHAT YOU JUST SAID IN THOSE OTHER AREAS. YES. OKAY. OKAY. WHAT'S OUR TIME FRAME ON HOW LONG A REZONING TAKES? IF THEY DROPPED PAPER ON YOU TOMORROW MORNING, HOW LONG? WHEN WOULD WE HEAR IT? WE WOULD HEAR IT IN NEXT NEXT MONTH. A REZONING OR A TAX MODIFICATION? TEXT MODIFICATION WON'T DO IT BECAUSE IT WOULD CHANGE THE NEIGHBORS. AND WHAT WE DON'T WANT TO DO. SO THE REASON REZONING WOULD, WOULD TAKE APPROXIMATELY FOR 3 TO 4 MONTHS QUICKLY TO GET TO THE POINT

[00:50:07]

SO THE VARIANCE THE VARIANCE IS DONE TONIGHT. IF IT'S DONE TONIGHT. CORRECT. OKAY. SO THE TIME TO GET A ZONING CHANGE THROUGH THE LAST FOLKS THAT OKAY. IT IS THE THREE MONTHS FOUR MONTHS YOU SAID. YEAH THAT'S AND THAT'S MOVING PRETTY QUICKLY. YES OKAY. SO IN TERMS OF TIMEFRAMES YEAH. BUT I HEARD AARON SAY THEY DON'T HAVE A PARTICULAR USER IN MIND. I THOUGHT I HEARD YOU SAYING THAT. NO, IT'S BUT IT HELPS US TO MARKET IT. WE CAN'T CAN'T GO OUT AND MARKET IT UNTIL WE KNOW WE CAN. RIGHT. GOT IT. OKAY. YEAH. AND I CAN SHARE. I JUST GOT APPROVAL FROM RICH FOR NICOLE, SVP OF DEVELOPMENT FOR STACK AMERICAS. WE ARE IN ACTIVE NEGOTIATIONS WITH THE TENANT WHO WOULD BE TAKING DOWN THE WHOLE FACILITY. AND SO THAT'S WHAT REALLY KICKED OFF THIS PART, THIS PROCESS US REENGAGING WITH THE STAFF AND PUSHING EVERYTHING FORWARD WITH THIS TIMELINE THAT IN THIS PROJECT THAT WE'RE PUTTING FORWARD TODAY. AND STAFF, WE TALKED A LITTLE BIT ABOUT THE NEIGHBORHOODS WHERE WE, DUE TO THE PROXIMITY, DID WE HAVE TO NOTIFY ALL OF THOSE HOMEOWNERS JUST THE PROPERTIES THAT ARE WITHIN 200FT? YEAH. LIKE AARON NOTED, THIS PRESENTATION'S OVER 800FT AWAY, AND THE WALNUT PROPERTIES ARE TOO FAR AWAY BECAUSE THE OTHER PROPERTY IN BETWEEN. YEAH. SO WHICH WHICH ONES WOULD HAVE BEEN NOTIFIED? WHICH ONES ARE WITHIN 200FT? SO WE HAVE THIS PROPERTY HERE.

THIS ONE HERE, THIS ONE, THIS ONE, THIS ONE AND THIS ONE. BUT NO RESIDENTIAL. CORRECT. NO.

RESIDENTIAL. YEAH. TOO FAR AWAY. I MIGHT ADD. NEAL, IF YOU WERE TO CONSIDER THE VARIANCE TONIGHT AND APPROVE IT, I MEAN, I'VE, YOU KNOW, WHEN YOU TURN ONE DOWN, YOU ALWAYS GIVE YOUR REASONS. BUT I THINK MAYBE ANOTHER WAY TO DO IT WOULD BE TO TO IF YOU WERE TO APPROVE IT, TO STATE YOUR REASONS FOR APPROVING IT AND THEREFORE MAKING SURE THAT YOU'RE NOT SETTING THE BROADER PRECEDENT FOR SOME OF THE REASONS YOU. THAT'S WHY I OPENED WITH THAT, RIGHT? YES. IS THAT THAT FAILING THAT, THE VARIANCE WOULD NOT SEE LOTS OF SUPPORT, BUT THE FACT THAT YOU ARE ISOLATED FROM THE RESIDENTIAL WHERE THAT 45 NUMBER CAME FROM, ALSO FROM THE ORIGINAL OCD PRIOR TO ITS REDO WAS 45 WHEN WE FIRST PASSED IT, I BELIEVE, AND IT'S BEEN MOVED UP TO 65. I DON'T KNOW, IT'S TOP OF MY HEAD. I HAVE TO LOOK INTO IT. I'M PRETTY SURE WE'LL DISCOVER CARD WENT IN. IT WAS OCD AT 45FT, BUT I COULD BE WRONG, I WAS NOT HERE AND I WAS SORRY. BUT YEAH, WE'VE GOT THE 45FT FOR A REASON SURROUNDING THE THE RESIDENTIAL.

OKAY. OTHER QUESTIONS OR COMMENTS ON THE TOP OF THE BUILDING THERE'S A SOMETHING CALLED THE DUNGEON LEVEL. COULD YOU EXPLAIN WHAT THAT IS? NO, THAT'S WHY I'M HAVING MY EYES UP HERE. JUST ESSENTIALLY EQUIPMENT TO RACKS ON TOP OF THE ROOF THAT WE PUT OUR COOLING EQUIPMENT ON TOP. AND SO THERE WILL BE MECHANICAL EQUIPMENT THAT IS USED TO HELP CIRCULATE AND FOR WATER TO EVAPORATE AND AS OPPOSED TO THE SYSTEM. BUT THAT IS MECHANICAL EQUIPMENT AND THAT WILL ALSO BE SCREENED TO OBSTRUCT VIEW FROM ANY EQUIPMENT. OKAY. SO IT'S NOT AN ENCLOSED SPACE, IT'S JUST A MECHANICAL. YEAH, OKAY. DOES THIS DOES THIS TEXT. HAVE DOES IT HAVE THE SCREEN FOR SOUND AND SIGHT THAT WE HAVE. SINCE I'M NOT I CAN'T REMEMBER IF WE DID IT BACK IN 2008 OR NOT. BUT THAT'S A THAT'S A CONDITION WE CAN AGREE TO AS WELL. I THINK THAT WAS SOMETHING MAYBE IN THE LAST TEN YEARS WE I THINK SO, YEAH. SO THE FIRST CONDITION IS 55FT IS ONLY IF IT'S A DATA CENTER. YEAH. 55 CHANGE APPLIES ONLY TO DATA CENTERS OKAY. AND ITEM TWO IS SCREENING SIGHT AND SOUND. WITH THE STANDARD LANGUAGE WE HAVE IN OTHER PLACES. YEAH. I WILL SAY, AARON, THAT WAS VERY HELPFUL TO HAVE THE AERIAL VIEW TO. YEAH. MR. KIRBY, COULD YOU REPEAT THAT SECOND CONDITION? THE SECOND CONDITION IS ROOFTOP

[00:55:03]

BECAUSE YOU CAN SEE THE BUILDING AT THE END OF THE STREET, THE TRADITION DRIVE LOOKING NORTH. WOULD ABSOLUTELY BE WILLING AND ABLE TO EXPLORE PUTTING THAT. YEAH. RIGHT. SO THAT VIEW WITH A NATURAL GREEN SCREEN. ABSOLUTELY NOT AS A OKAY. SO. IF OTHER IF ALLOWED BY OTHERS, WOULD YOU PUT SOME OF THAT SCREENING ON, ON PROPERTY THAT YOU DID NOT OWN.

IF YOU HAD PERMISSION OF THE OTHERS TO PUT IT THERE? SO WHAT I'M SAYING IS YOU'VE GOT ANOTHER VARIOUS PROPERTIES BETWEEN THE END OF THAT STREET AND THAT BUILDING, AND THE CLOSER YOU CAN PUT THE TREES TO THE END OF THE STREET, THE BETTER OFF YOU ARE. ABSOLUTELY.

YEAH. OKAY. SO. I PRESUME YOUR FINAL DEVELOPMENT PLAN WILL COVER THAT. WE WILL INTEGRATE THAT INTO THE PLAN. OKAY. SO LET'S MOVE ON. TREES OFF SITE WITH PERMISSION. AND JUST ON NOTICE THAT YOUR FINAL DEVELOPMENT PLAN IS PROBABLY GOING TO HINGE ON KEEPING THAT LINE OF TREES YOU'VE GOT BETWEEN THIS ONE AND THE DATA CENTER NEXT TO IT. IT'S BEEN PRESENTED TO US AS PART OF WE'RE ALL SCREENED. WE CAN DO THIS. SO WE EXPECT TO SEE THAT AT FINAL. OKAY. PART OF GRANTING THIS IS, IS THE EXPECTATION THAT IT BE THERE.

OKAY. SURE. OKAY. I MAY EVEN BE A REQUIREMENT OF THE OTHER FINAL DEVELOPMENT PLAN. I GUESS WE CAN RESEARCH THAT THAT THE EXIST THE ONE THAT ALREADY WAS APPROVED FOR THE EXISTING BUILDING BUT UNDERSTOOD. YEAH. IT WOULD BE UNPLEASANT TO GET THE VARIANCE AND NOT GET THE FINAL THROUGH. RIGHT. OKAY. THAT'S. OKAY. WERE THERE OTHERS FROM THE PUBLIC WITH ANY QUESTIONS AND COMMENTS? OKAY. FROM THE COMMISSION. OKAY. I MOVE TO ACCEPT THE STAFF REPORTS AND RELATED DOCUMENTS INTO THE RECORD FOR VARIANCE. 72 2025. DO I HEAR A SECOND ON THE DOCUMENTS? SECOND, ANY DISCUSSION ON THE DOCUMENTS? MOTION TO THE ROLL, PLEASE, MR. KIRBY? YES, MR. WALLACE, THAT'S A YES. MR. LARSON. YES, MISS BRIGGS. YES, MR. SCHELL? YES.

MAY I HAVE THE MOTION PASSES WITH ALL VOTES TO ADMIT THE DOCUMENTS. SO I CURRENTLY IN MY NOTES HAVE THREE CONDITIONS. 55FT IS ONLY IF IT'S A DATA CENTER. USE SCREEN FOR SIGHTING AND SOUND FOR ROOFTOP. MECHANICAL IS USING LANGUAGE THAT WE'VE GOT MORE RECENTLY.

AND THE THIRD IS EXPLORE ADDING TREES OFF SITE WITH PERMISSION FROM THE LANDOWNERS TO VIEW TO

[01:00:04]

I THINK IT SHOULD HAVE BEEN BROUGHT UP. AND MORE APPROPRIATELY AS A REZONING APPLICATION. BUT IT'S PAST, SO GOOD LUCK. YEAH. AND SIMILARLY, MY APPROVAL IS SOLELY ON THE SPECIAL CIRCUMSTANCES, WHICH I WILL ACTUALLY ILLUMINATE FOR THE NEIGHBORS, FOR THE NEIGHBORING PROPERTIES, IS THAT THERE ARE OTHER PROPERTIES WITH LOWER ROOFTOPS SURROUNDING THEM.

BETWEEN THEM AND THE RESIDENTIAL IS THE ONLY REASON THAT PASSED, OR THE ONLY REASON THAT GOT MY VOTE. GOOD LUCK. TAKES US TO ZONING CHANGE 78 6600 NEW ROAD PUD. CAN WE HEAR FROM STAFF, PLEASE? YES. SO THIS IS A REQUEST TO ALLOW A ZONING CHANGE FROM THE RURAL RESIDENTIAL SUBDISTRICT OF THE URBAN CENTER CODE TO AN INFILL PLANNED UNIT DEVELOPMENT AT 6600 CONDUCT CODE. THIS IS THE SECOND OF A FEW HEARINGS FOR THIS APPLICATION. THE CODIFIED ORDINANCES REQUIRE THE ARCHITECTURAL REVIEW BOARD TO REVIEW ZONING CHANGES IN THE VILLAGE CENTER, AND FOR ZONING CHANGES TO BE AND SORRY, AND FOR ZONING CHANGES TO PUDS. THE ARB SHALL MAKE A RECOMMENDATION TO THE PLANNING COMMISSION. PLANNING COMMISSION WILL THEN MAKE A RECOMMENDATION TO COUNCIL WHO WILL MAKE THE FINAL DECISION ON THIS REZONING. ARB RECOMMENDED APPROVAL WITH CONDITIONS TO THE PLANNING COMMISSION BY A VOTE OF 3 TO 1 ON OCTOBER 13TH. THE PROPOSED REZONING WILL APPLY TO THIS PARCEL ON STATE ROUTE 605 OR CONDUIT ROAD. THE SCHOOL CAMPUS IS NEARBY TO THE SOUTHWEST, AND THIS IS WINDSOR TO THE EAST AND THE BUSINESS PARK TO THE NORTH. NEW AVENUE CONVENT TURNS INTO NORTH HIGH STREET AS IT GETS CLOSER TO INTERSECTING US 62. JUST TO NOTE, THE APPLICATION INCLUDES A PRELIMINARY DEVELOPMENT PLAN IN CONJUNCTION WITH THE REZONING. ADDITIONALLY, A DETAILED EVALUATION WILL BE CONDUCTED AT THE TIME OF THE FINAL DEVELOPMENT PLAN AS WELL, WHICH WILL REQUIRE RE REVIEW AND APPROVAL BY THE ARB MPC. SO THE REZONING PROPOSED IS TO CHANGE THIS PARCEL FROM THE URBAN CENTER CODE RURAL RESIDENTIAL USE TO AN IPOD WITH LOW DENSITY OFFICE USES, INCLUDING ADMINISTRATIVE AND BUSINESS OFFICES, AND FOR PROFIT AND NONPROFIT ORGANIZATIONS AND ASSOCIATIONS. GIVEN THE SITE'S CONTEXT, THE PROPOSED USE APPEARS APPROPRIATE. IT IS TRANSITIONAL IN NATURE, GIVEN THE LOCATION AT THE NORTHERN BOUNDARY OF THE VILLAGE CENTER, WHICH IS THAT GREEN YELLOW LINE ON THE MAP, AND BEING IN PROXIMITY TO

[01:05:05]

AARON UNDERHILL. UNDERHILL. HODGE, THANK YOU VERY MUCH. HERE THIS EVENING WITH ROB RIDDLE, WHO I'M SURE YOU EITHER ALL KNOW OR KNOW OF AND GREAT MEMBER OF THE BUSINESS COMMUNITY HERE. AND ROB HAS PURCHASED THIS SITE WITH THE THE GOAL OF MOVING HIS OFFICES INTO THAT HOME AND WITH THE CONVERSION OF THE OF THAT HOME INTO OFFICE SPACE. HE ALSO WOULD LIKE TO LEAVE OPEN THE ABILITY WITH THE BACK STRUCTURE THAT KYLIE POINTED OUT, TO POSSIBLY HAVE ANOTHER PROFESSIONAL TYPE USE, SUCH AS LIKE A TITLE COMPANY OR, YOU KNOW, SOMEWHERE FOR CLOSINGS CAN OCCUR OR SOMETHING LIKE THAT. HE HE INTENDS TO IMPROVE THE SITE FROM ITS CURRENT CONDITION, CHANGE THE USE IN THE LONGER RUN, HE MAY DECIDE TO TO BUILD A NEW OFFICE BUILDING. IT'S AT A VILLAGE CENTER SCALE. THOSE AREN'T IN THE IMMEDIATE PLANS, AND ONE OF THE REASONS I WANTED TO POINT THAT OUT, IF YOU COULD PULL UP THE SLIDES, I'VE GOT TWO QUICK SLIDES. NOTHING LIKE THE LAST ONE. BUT, YOU KNOW, BEING THAT THIS IS A LONG STATE ROUTE 161 RIGHT UP AGAINST IT, YOU SEE THOSE TREES THERE THAT I'VE NOTED ARE, ARE HAVE NOW BEEN REMOVED IF YOU GO BY THE SITE. SO THOSE ARE GONE AND THERE'S GOING TO BE A NEW SOUND WALL OR SOUND BARRIER GOING UP. AND WE SEE THE WORK ALREADY BEING DONE OVER TO THE WEST. SO AND IN ROB'S MIND, THAT REALLY CHANGED THE NATURE OF THIS SITE FROM A RESIDENTIAL SITE, EVEN THOUGH, YOU KNOW, SOME MAY NOT LIKE LIVING NEXT TO THE HIGHWAY SOUND TODAY. CERTAINLY IF YOU SHOW THE NEXT SLIDE, WE GOT A DEPICTION OF WHAT THE BARRIER IS GOING TO LOOK LIKE. IT WON'T HAVE THAT CONCRETE, BUT WILL LARGELY LOOK LIKE THIS. LOOKING FROM ROB'S SITE TO THE HIGHWAY, IT WILL BE TOTALLY BLOCKED. IT REALLY JUST DOES NOT LEND ITSELF TO A RESIDENTIAL USE ANYMORE WITH WITH NO VIEW ESSENTIALLY. AND THAT'S GOING TO BE RIGHT UP AGAINST THE PROPERTY LINE. SO WITH THAT, WE'VE WE'VE THIS WAS AN INTERESTING CASE AT THE ARB BECAUSE THEY DON'T SEE REZONINGS VERY OFTEN BECAUSE OF THE URBAN CENTER CODE. SO WHAT WE'VE TRIED TO DO IS WITH THE PUD TEXT IS TO NARROW THE UNIVERSE OF USES THAT ARE ALLOWED TO JUST PROFESSIONAL TYPE OFFICE. WE ON PURPOSE DID NOT ALLOW MEDICAL OFFICE BECAUSE WE THOUGHT THAT WAS A DIFFERENT BEAST IN TERMS OF TRAFFIC GENERATION. SO THESE ARE THINGS LIKE LAWYERS, ACCOUNTANTS, REALTORS, ETC.

THAT WAS REALLY ONLY USES THAT WOULD BE ALLOWED. WE HAVE TRIED TO INCORPORATE INTO THE TEXT FOR ANY FUTURE NEW BUILDINGS, A REQUIREMENT THAT WE MEET ONE OF THE BUILDING TYPOLOGIES THAT WE'VE LISTED IN THE TEXT THAT ARE IN THE URBAN CENTER CODE. IF YOU ALL DON'T DEAL WITH THE

[01:10:01]

BUT, YOU KNOW, WITH THE IMPACT OF THIS, WE THINK THAT THE SHORTER RUN, WHICH COULD BE TEN YEARS, THE THAT THE REUSE OF THE SITE FOR THIS TYPE OF USE WITH SOME UPGRADES IS A WIN WIN FOR EVERYBODY. WE WE ALSO WANT TO MAKE SURE THAT YOU'RE AWARE THAT WE'RE COMMITTED TO PUTTING A FENCE ALONG, INSTALLING A FENCE SIX FOOT TALL ALONG THE SOUTHERN BOUNDARY LINE OF THE PROPERTY. WE ARE PROPOSING THAT THE PAVEMENT OF THE PARKING AREA, WHICH IS NOT PRESENT TODAY, THAT SHOULD BE A BIG IMPROVEMENT BASED ON DIRT AND GRAVEL THAT'S THERE TODAY. YOU KNOW, IT'LL KEEP THE DUST DOWN. IT'LL BE A MUCH MORE A MUCH CLEANER LOOK UNDER UNDERSTAND THAT THIS THIS HOME WAS BUILT IN 1966, I BELIEVE, ACCORDING TO THE AUDITOR SITE. SO THERE'S NO STORMWATER MANAGEMENT ON THE SITE. FIRST OF ALL, IT'S A HOME. BUT SECONDLY, WITH THIS, WE UNDERSTAND AT THE TIME OF FINAL DEVELOPMENT PLAN WHICH ARB AND YOU ALL WILL SEE THAT THAT'S GOING TO HAVE TO BE TAKEN INTO ACCOUNT. WE'VE DONE A PRELIMINARY STUDY WITH OUR CIVIL ENGINEER. WE THINK THE BACK OF THE PROPERTY WILL HAVE A POND OF SOME SORT THERE, AND OBVIOUSLY THAT'S SOMETHING YOU'LL WANT TO TAKE A LOOK AT AT THAT TIME. BUT THAT THAT SHOULD BE AN IMPROVEMENT FOR THE AREA. OFTENTIMES WHEN THESE SITES THAT ARE THIS OLD GET REDEVELOPED, THAT'S SOMETHING THAT REALLY CAN BE UPGRADED AND AS A BENEFIT FOR THE AREA. SO WITH THAT BEING SAID, THIS IS THE FIRST STEP OF A FEW AND MANY STOPS ALONG THE WAY. WE WOULD GO TO COUNCIL NEXT AND THEN OBVIOUSLY BACK THROUGH THE ARB AND PLANNING COMMISSION PROCESSES WITH MORE DETAILS ON ON ON THIS PROPOSAL AND THE UPGRADES OF THE CURRENT STRUCTURE. SO ROB CAN HELP ME WITH ANY QUESTIONS YOU MIGHT HAVE ABOUT HIS OPERATIONS. BUT THAT'S THE END OF OUR PRESENTATION. WHAT WERE THE ARB CONDITIONS? YOU HAVEN'T MET? I DON'T THINK THERE WERE ANY CONDITIONS OF APPROVAL, WHETHER IT WAS JUST THAT ENGINEERING COMMENTS BE ADDRESSED. SO THE SAME IS HERE. OH, I'M SORRY, I THOUGHT I HEARD ARB 3 TO 1 WITH CONDITIONS. YEAH, THAT'S WHAT I THOUGHT. OH YEAH. THERE WAS A THAT WAS MY BAD. YEAH. IT WAS 3 TO 1 AND THE CONDITIONS WERE THE SAME ONE THAT THE ENGINEERING COMMENTS THAT OKAY APOLOGIES. ALL RIGHT. I THOUGHT THERE WASN'T ANY ENGINEERING. I MEAN WE HAVEN'T REVIEWED IT PRIOR FROM THE ARB LOOKING AT IT. SO I THINK IT WAS AN ASSUMPTION THAT HAVE ENGINEERING LOOK AT IT AND ADDRESS ANY COMMENTS THEY HAVE. GOTCHA. OKAY. SO BASICALLY THERE'S NO ARB COMMENTS OR CONDITIONS RIGHT. YEAH OKAY. OKAY. I. CHEAT FOR QUESTIONS.

WHAT ARE THE NEIGHBORS TO THE SOUTH SAY IF OKAY. IF YOU'VE GOT ACTUALLY PARTWAY THROUGH I DO THIS ANYWAY. SO PEOPLE FROM THE PUBLIC, IF YOU'VE GOT QUESTIONS OR COMMENTS NOW WOULD BE A GREAT TIME TO ASK. IF YOU'VE GOT THINGS YOU WANT STRAIGHTENED OUT, WE'LL DO OUR BEST TO ANSWER QUESTIONS. YOU'VE GOT CONCERNS. NOW'S THE TIME TO TELL US ANY NAME AND ADDRESS TO START WITH. HI, MY NAME IS DANIELLE JEFFERS. THIS IS MY HUSBAND, DAN JEFFERS.

WE'VE OWNED THE PROPERTY AT 6588 FOR APPROXIMATELY THE LAST 13 YEARS. THIS IS A FAMILY HOME FOR US. BELONG TO MY HUSBAND'S GRANDFATHER. AND THEN WE PURCHASED IT. THE LAND ALL AROUND THE LAND ALL AROUND IT, AT SOME POINT OR ANOTHER, HAS BELONGED TO MY HUSBAND'S FAMILY.

SO THIS IS SOMETHING THAT IS PRETTY IMPORTANT TO ME. I, I WAS I APOLOGIZE BECAUSE WHEN ROB AND I HAD THESE CONVERSATIONS BEFORE, I WAS VERY CLEAR THAT I DID NOT WANT TO LIVE NEXT TO A BUSINESS. I WAS OKAY WITH IT BEING A RENTAL. NOT THAT I HAVE ANY SAY IN IT BEING A RENTAL. I HAVE CHILDREN, I OFTEN HAVE SMALL CHILDREN IN MY HOUSE. I HAVE PETS. HAVING PEOPLE GO UP AND DOWN MY DRIVEWAY, CONFUSING HOURS WITH THE NEXT ONE OVER. IF IT LOOKS LIKE A HOUSE, THEY'RE STILL GOING TO COME DOWN MY DRIVEWAY. I CAN'T TELL YOU HOW MANY TIMES PEOPLE AROUND THE AREA STILL THINK THAT IT'S OKAY TO USE MY FRONT YARD AS A TURNAROUND, AND MOST RECENTLY, MY BACKYARD. EVEN THOUGH YOU HAVE A HUGE CURB CUT, RIGHT? YOU WOULD THINK. BUT WE'RE NOT GOING TO GO INTO ALL OF THAT. I WAS ALSO TOLD THIS EVENING BY MY NEIGHBOR ON THE SOUTH SIDE OF ME, DAVENPORT, THAT HE HAD ATTEMPTED TO DO THIS A FEW YEARS BACK, AND HE WAS TOLD, ABSOLUTELY NOT, THEY WILL NOT BE DOING ANYTHING THAT EVEN LOOKS LIKE SPOT ZONING. IF HE WANTED TO REZONE ANY PART OF THIS SIDE OF 60 OR THIS SIDE OF NEW ALBANY ROAD, THAT THEY WOULD NEED TO PURCHASE EVERYTHING FROM THE CHURCH DOWN TO 6600 AND THEN SUBMIT FOR REZONING. BUT FOR THE SAFETY AND THE PRIVACY OF MYSELF, MY

[01:15:06]

I WOULDN'T WANT TO INVEST ANY MORE MONEY IN MY PROPERTY. THANK YOU. I THINK THAT WE'RE JUST CONCERNED THAT THIS IS GOING TO SET A PRECEDENT. YOU KNOW, IF, IF, IF THIS GETS APPROVED, WHAT'S GOING TO STOP IT FROM HAPPENING ON THE SOUTH SIDE OF US OR ACROSS THE STREET? YOU KNOW, THAT'S MY BIGGEST CONCERN. YOU KNOW, I GREW UP IN NEW ALBANY. MY KIDS ARE FOURTH GENERATION TO GO TO NEW ALBANY SCHOOLS. THIS HAS ALWAYS BEEN HISTORICAL, DOWN, YOU KNOW, HISTORICAL PART OF NEW ALBANY AND JUST HATE HAVING SOMETHING LIKE THIS CHANGE, YOU KNOW, AND CHANGE THE WHOLE LANDSCAPE, BASICALLY OF THAT AREA. THANK YOU. THAT'S ALL. ANY QUESTIONS AT ALL THAT YOU DIDN'T ALREADY HAVE ANSWERS TO? OKAY. IF DURING THE HEARING YOU HEAR OF SEE IF ANY COME UP, PLEASE, YOU KNOW, APPROACH US AGAIN AND WE'LL SEE IF WE CAN GET THEM ANSWERED. I APPRECIATE IT. THANK YOU, THANK YOU, THANK YOU FOR COMING. YES, STAFF, COULD YOU PUT THE PICTURE UP AGAIN THAT SHOWED THE TWO DRIVEWAYS SIDE BY SIDE? WITH OUR SHARED? THAT'S THE PICTURE I WANTED TO SEE. YEAH, IT'S A BIG CURB CUT. GOOGLE MAPS DOES IT REALLY WELL.

THAT WAS NOT UP THERE. YEAH YEAH. AND ONE OF AARON'S SLIDES WHICH HAD THE GUARDRAIL ALSO SHOWS IT TOLERABLY WELL. THAT ONE OKAY. DOESN'T SHOW BOTH. SORRY. GOOGLE MAPS CLEARLY DOES.

YEAH. OTHER QUESTIONS. THANK YOU. DID YOU HAVE A QUESTION? I WAS GOING TO WAIT. LET EVERYBODY ELSE GET A SHOT AT IT. IN THE BUFFERING SECTION I SEE IT SAYS THE DECIDUOUS TREES WILL BE PLANTED ALONG THE RIGHT OF WAY ALONG NEW ALBANY CONDUIT ROAD. BUT THERE'S AN ALTERNATIVE. IT SAYS THE DEVELOPER PAY MAY PAY THE CITY OF FEE IN LIEU. I THINK OBVIOUSLY WE'D RATHER SEE TREES THAN A FEE IN LIEU. CAN. CAN YOU HELP ELUCIDATE WHY? THAT FEE AND LOU PIECE? I THINK THAT WAS YOUR SUGGESTION. YOUR STAFF SUGGESTION. YES. SO COUNCIL PRELIMINARILY THE BUDGET HASN'T BEEN APPROVED YET, BUT NEXT YEAR WE PLAN TO STUDY THE ENTIRE CORRIDOR, THE SECTION OF 605 FROM WINDSOR ALL THE WAY UP TO THE HAMLET TO DETERMINE WHAT THE APPROPRIATE STREETSCAPE WOULD BE, AS WELL AS PEDESTRIAN CONNECTIONS. THERE'S A LOT OF LIMITATIONS WITH THIS PROPERTY AND HOW IT RELATES TO THE ODOT RIGHT OF WAY WITH THAT BRIDGE.

SO BECAUSE THAT THAT PLANNING PROJECT HASN'T KICKED OFF YET OR THE FINDINGS ARE UNKNOWN FOR WHAT THAT STREETSCAPE SHOULD BE ALONG THIS SECTION, WE THOUGHT IT WOULD BE MORE APPROPRIATE TO CONTEMPLATE A FEE IN LIEU PROCESS VERSUS HAVING THEM INSTALL SOMETHING AND IT BEING TORN OUT ONE DAY BY THE CITY LATER ON. YEAH. YEAH, I HAD SIMILAR CONCERNS WITH. THEIR MOVING PARTS HERE OF HOW DO WE GET A BIKE PATH ON THAT SIDE. CORRECT. AND WE USE THIS SLIDE SHOWS THE END OF THE PATH, BECAUSE ONCE YOU GET TO THE CONCRETE ON THE CORNER OF THAT, YOU CAN GO ACROSS THE BRIDGE. CORRECT? OKAY. BUT WHAT YOU CAN'T DO IS GO DOWN INTO THE GULLY, THE POWER LINES FOR PEOPLE WHO HAVEN'T LOOKED AT THIS, THOSE I LIVE ON THIS ROAD, THE POWER LINES ARE IN THE RIGHT OF WAY, AND THERE'S RIGHT OF WAY TO THE EAST OF THE POWER LINES. THE WIDE RIGHT OF WAY HERE. CAN WE PULL UP GOOGLE MAPS? I CAN TRY AND PUT THE OVERHEAD VIEW, BECAUSE IT SHOWS A LOT OF THE NEIGHBORHOOD, AND WE NEED THE WHOLE NEIGHBORHOOD TO GET THE CONTEXT, AND ALSO TO SHOW SOME OF THE ISSUES THAT WE'RE GOING TO HAVE. SO TO THE EXTENT WE'VE WE'VE WRITTEN IN THE TEXT SOME SORT OF FEE IN LIEU, IT'S BEEN REALLY FOR THIS

[01:20:03]

THERE WE GO. AND YOU CAN SEE THE POWER LINES. SO THE POWER LINES COME DOWN AND THE POWER LINES ARE IN THE RIGHT OF WAY. AND THE RIGHT OF WAY GOES EVEN FURTHER EAST THAN THE POWER LINES THEMSELVES DO. SO THE HOUSE HERE IS REALLY CLOSE TO THE TO THE RIGHT OF WAY, THE RIGHT OF WAY LINE, AS IS THE LIKE 80 FOOT FROM THE CENTER LINE IS IS THE RIGHT OF WAY.

IT'S BIG. YEAH. OKAY. CAN YOU PUSH THIS UP A LITTLE BIT? I DON'T NEED TO SEE THE FREEWAY.

THERE WE GO. THE POWER LINES TO ME IS THE NATURAL OR NEAR NATURAL PATH OF THE BIKE PATH.

APP DOESN'T WANT TREES THERE. THAT'S CLEAR. SO YOU'RE NOT GOING TO PLANT. WE, THE VILLAGE AND OUR DEVELOPERS AREN'T GOING TO BE PLANTING TREES UNDER THE POWER LINES. OKAY. AND IF YOU LOOK AT THE TOPO, WHICH IS IN ONE OF THE PIECES, THAT'S ALSO, I THINK, THE NATURAL FALL, BECAUSE AS YOU GO FROM OUR MOST OF WHAT YOU SEE ON SCREEN HAS A SEVERE DIVE FROM 605 DOWN TO GRADE LEVEL. BECAUSE THEY BUILT UP, THEY TOOK A LONG PATH TO BUILD UP TO GET TO THE OVERPASS.

AND THE BIKE PATH PROBABLY WANTS TO BE IN THE SWALE OR ALMOST WHAT IS WHAT FEELS LIKE A SWALE NOW, WHERE THE POWER AND THE POWER LINES ARE PROBABLY THAT PATH. AND ONE OF MY CONCERNS AND I WOULD MAKE IT A CONDITION, IS THAT ANY IMPROVEMENTS TO THE STREETSCAPE, ANYTHING DONE IN THE RIGHT OF WAY FOR STREET TREES, ALL THE REST DOES NOT INTERFERE WITH OUR ABILITY TO PUT IN A BIKE PATH AND IF NEED BE, STUFF WOULD GET DELAYED BECAUSE THAT'S ONE OF THE ISSUES WE NEED TO SOLVE FOR THE WHOLE NEIGHBORHOOD. BECAUSE HERE YOU ARE IN THE VILLAGE CENTER, AND YOU CAN'T GET ANYWHERE WITHOUT TAKING YOUR LIFE IN YOUR HANDS OR CROSSING 605 WITH NO ABILITY TO CROSS. AND PEOPLE HAVEN'T YET KICKED DOWN FROM 45 TO 35, YOU KNOW. YEAH, THAT PLANNING PROJECT WILL BE LOOKING AT THE ENTIRE STREETSCAPE. SO TREE LINE, STREET TREES AND NATURE TRAIL FACILITIES. YEAH. POTENTIAL NEXT YEAR, EARLY NEXT YEAR. OKAY. BECAUSE THIS IS A NEIGHBORHOOD. IT'S AN INTACT HISTORIC NEIGHBORHOOD WHICH WORKS AS A NEIGHBORHOOD AND IS ACROSS FROM THE SCHOOLS. AND SO IT'S INNOCUOUS ACROSS FROM THE SCHOOLS. I DON'T THINK IT'S WELL SERVED BY PIECEMEAL THAT THIS PROPERTY UNDER CONSIDERATION AND THE NEIGHBORS TOGETHER WOULD MAKE A REALLY COOL UNIT. IF WE WERE GOING TO DO THESE AS A BIGGER BLOCK, IT WOULD DOUBLE THE FRONTAGE. THEY COULD SHARE A DRIVEWAY. THEY'RE ALMOST DOING IT NOW. AND POSSIBLY THE NEXT TWO. ALSO, I WAS PLAYING DEVIL'S ADVOCATE WHEN I WAS WALKING THROUGH HERE ON GOOGLE MAPS THAT IT WORKS BEST IF WE DO IT AS A NEIGHBORHOOD WHERE WE TREAT IT AS A NEIGHBORHOOD. UNFORTUNATELY, IT DOESN'T HELP THE CURRENT APPLICANT, PARTICULARLY IF THEIR NEIGHBORS SAY I'D RATHER LIVE HERE THAN SELL IT AND REDEVELOP IT. BUT WE SHOULD LOOK AT WHAT DO WE WANT THE NEIGHBORHOOD TO BE? IS THAT OTHER PEOPLE? DO OTHER PEOPLE SHARE THAT CONCERN ABOUT THE NEIGHBORHOOD AT LEAST? YEAH.

SO. THAT'S KIND OF A IT'S KIND OF THE ISSUE THAT'S RAISED WHEN YOU STARTED SORT OF THE END OF THE AREA INSTEAD OF THE AREA. WELL, WHEN YOU STARTED THE AREA FURTHEST FROM THE ACTUAL CITY CENTER, THEN WHEN YOU START SORT OF CLOSER TO THE CITY CENTER, BECAUSE YOU CAN KIND OF GROW OUT. RIGHT. AND BUT HERE WE'RE KIND OF GROWING IN, WE'RE STARTING AT THE END AND THEN, YOU KNOW, THEN THE DOMINOES FALL THE OTHER WAY. YEAH. IT'S A SLAM DUNK ON THE OTHER SIDE OF THE FREEWAY. RIGHT OKAY. AND THAT LINE GOT DRAWN AT THE FREEWAY. RIGHT. THAT'S RIGHT.

GO AHEAD. YEAH. OTHERS THE IN THE STRATEGIC PLAN. SO THE ZONING SHOWS THIS IS RURAL

[01:25:01]

THERE'S A VILLAGE CENTER SUBDISTRICT WHICH IS RURAL RESIDENTIAL. OKAY. THIS IS THAT SO THIS SO BY THAT, THIS WOULD NEED TO STAY RESIDENTIAL. THERE'S TWO THINGS. SO THE CURRENT ZONING IS URBAN CENTER CODE, RURAL RESIDENTIAL SUBDISTRICT. AND THEN THE FUTURE LAND USE DISTRICT IS JUST VILLAGE CENTER, WHICH IS DIFFERENT. AND IN ADDITION TO RESIDENTIAL IN IN THAT SECTION THERE'S THE TYPE OF BUILDING TYPOLOGIES HERE. AGAIN, IT'S A FORM BASED CODE BUT DOESN'T MAKE SENSE IN THIS CONTEXT NECESSARILY. BUT ALSO CAMPUS BUILDINGS ARE PERMITTED. SO THERE'S SOME THOUGHT THAT SOMETHING A LITTLE GRANDER COULD HAPPEN HERE, MAYBE, PRACTICALLY SPEAKING, ON A SITE OF THIS SIZE, THAT WOULDN'T HAPPEN. BUT THAT IS ALSO PERMITTED TODAY. OKAY. AND THEN IF IT'S FOR THE DRIVEWAY GOING TO THE REAR PARKING AREA ARE THERE, I DON'T KNOW IF THIS IS ENGINEERING OR WHAT IT IS, BUT WHAT IS THERE MINIMUMS, WIDTHS THAT YOU NEED TO HAVE FOR DRIVEWAY ACCESS. FOR RESIDENTIAL LOT IT'S 12 FOOT MAXIMUM, BUT FOR COMMERCIAL COMMERCIAL DRIVEWAY DRIVEWAY, WHICH I THINK ARE 22FT WIDE MINIMUM. AND SO THIS WOULD NOT MEET THAT REQUIREMENT BECAUSE IT'S A 13 FIVE. CORRECT. WHAT'S PROPOSED? WE'D HAVE TO WE'LL HAVE TO MEASURE THAT. WE CAN GET THAT INFORMATION BACK TO YOU IN A SECOND. FOR THAT, MA'AM, YOU NEED TO COME TO THE MIC BECAUSE I CAN'T HEAR YOU EITHER. IT'S OKAY TO COME UP THE MIC. IF YOU GOT A QUESTION, ASK OR IF YOU GOT SOMETHING. IF YOU HAD AN ANSWER, COME UP AND TELL US. YEAH. OTHERWISE IT WON'T MAKE IT WON'T MAKE IT BECAUSE IT'S GOT TO GO THROUGH THE. SO THE THE DRIVEWAY FOR THE FOR BUSINESS WOULD HAVE TO BE 22FT WIDE FOR A NEW BUSINESS OR A NEW BUSINESS FOR A BRAND NEW BUSINESS, HE'D HAVE TO MOVE THE HOUSE. YEAH. I MEAN, BECAUSE I CAN TELL YOU NOW, I AGAIN, I KNOW, I KNOW BOTH PROPERTIES. THE GENTLEMAN BEFORE LIVED THERE, HAD A MOTOR HOME AND HE CONTINUALLY HIT HIS GUTTER BECAUSE THE MOTOR HOME BARELY FIT. SO I MEAN, RIGHT THERE THERE'S NO THERE'S NO WAY. YEAH. AND HENCE THE REUSE OF THE EXISTING TYPOLOGIES AND THE INCLUDES NOT JUST THE BUILDINGS BUT ALSO THE DRIVES. CORRECT. SO I DON'T THINK IT'S COMPLIANT IF YOU'RE CHANGING THIS TO A COMMERCIAL USE. ONE THING I MIGHT OFFER UP HERE, IT MIGHT HELP THE CONVERSATION. SO I THINK ROB IS WILLING TO GIVE UP THE OPPORTUNITY TO REDEVELOP THE SITE, SO TO SPEAK, SCRAPE IT CLEAN. AND UNDER THIS CURRENT ZONING, AND JUST GO WITH THE PROPOSAL FOR THE SHORTER TERM SOLUTION, WHICH WOULD THEN NECESSITATE, IF SOMETHING WERE TO HAPPEN WITH A WITH A NEW BUILDING, FOR INSTANCE, THAT WE'D HAVE TO GO THROUGH A REZONING AND THEN YOU'RE NOT KIND OF OPENING IT UP TO THE FUTURE FOR ANYTHING GOES. ROB'S BUSINESS IS SUCH AS A REALTOR, AND THAT THERE'S NOT GOING TO BE A WHOLE LOT OF VISITORS HERE FOR FOR HIS USE. AND, YOU KNOW, THAT'S WHY WE THOUGHT RETROFITTING THIS MADE SOME SENSE, BECAUSE, YOU KNOW, WE'RE NOT GOING TO HAVE THE HIGH VOLUMES OF TRAFFIC COMING IN AND OUT ON THAT DRIVEWAY. AARON, COULD YOU HAVE ROB SORT OF GIVE A DESCRIPTION OF WHAT HE ANTICIPATES THE TRAFFIC WILL BE? THAT WAY? THE JEFFERS WILL HAVE A BETTER SENSE THAT THIS OF WHAT TYPE OF TRAFFIC IS GOING TO MAYBE GOING IN AND OUT OF THE PROPERTY. I DON'T HAVE A SENSE OF HOW OFTEN PEOPLE ACTUALLY VISIT THE REALTOR'S OFFICE, BECAUSE I HAVEN'T BOUGHT A HOUSE IN THREE YEARS, SO I DON'T KNOW WHAT GOES ON. BUT COULD YOU SORT OF GIVE US JUST A SENSE, ARE THERE GOING TO BE TEN CARS PARKED THERE? 15? TWO? HOW OFTEN? JUST A SENSE.

MY PLEASURE. FIRST OF ALL, I WANT TO THANK EVERYBODY FOR VOLUNTEERING THEIR TIME TO COME SERVE THE COMMUNITY IN THIS CAPACITY. I TOO AM A LIFETIME MEMBER OR RESIDENT OF NEW ALBANY AND, YOU KNOW, CARE DEEPLY ABOUT THE COMMUNITY. SO I APPRECIATE YOUR WORK. MY VISION FOR THIS SITE IS TO MAINTAIN, YOU KNOW, THE EXISTING STRUCTURES, BUT IMPROVE THEM. AND WITH REGARD TO THE HAPPENINGS OF OUR BUSINESS, WE HAVE WE HAVE 11 AGENTS RIGHT NOW. AND FOUR TIMES FOUR FULL TIME STAFF MEMBERS. TWO OF WHICH ARE IN THE OFFICE FIVE DAYS A WEEK BETWEEN 9 AND 5. WE HAVE A FULL TIME PHOTOGRAPHER WHO IS IN THE

[01:30:05]

WE PERMIT HIM THE ABILITY TO DO SOME OF THE EDITING FROM HOME. SO, YOU KNOW, HE'S NOT THERE 9 TO 5. AND THEN WE HAVE ONE STAFF MEMBER, OUR MARKETING DIRECTOR, WHO IS IN THE OFFICE THREE DAYS A WEEK, 9 TO 5, MONDAY, WEDNESDAY AND FRIDAY. OUR AGENTS, I PREFER THEM TO BE OUT IN THE FIELD SELLING AND NETWORKING, BUT WE DO GIVE THEM A PLACE TO WORK. I WOULD SAY THEY'RE IN THE OFFICE FOR A TOTAL OF 8 TO 5 HOURS A WEEK. WE HAVE A TEAM MEETING MONDAY AFTERNOON, TYPICALLY AROUND 130 TO 3 P.M. AND THAT IS ONE WHERE WE EXPECT ALL OF OUR TEAM MEMBERS TO BE IN ATTENDANCE IF THEY'RE IN TOWN AND NOT TRAVELING. OUR AVERAGE ATTENDANCE THERE IS PROBABLY AROUND NINE PEOPLE. WE DO NOT HAVE. CUSTOMERS FREQUENTLY COME TO THE OFFICE, NOR DO WE HAVE ANY REGULAR SERVICE PEOPLE COMING THERE. THE ONLY TRAFFIC THAT ONE COULD ANTICIPATE. REALLY THE ONLY TIME OUR OUR CLIENTS EVER SEE OUR OFFICE IS WHEN WE HOST A CLOSING. SO A PRE SIGNING IF YOU ARE SELLING A PROPERTY TAKES ABOUT 15 TO 20 MINUTES. THOSE IN ATTENDANCE WOULD BE THE NOTARY WHO IS AN EMPLOYEE OF THE TITLE COMPANY.

AND THEN 1 OR 2 SELLERS. IF YOU ARE PURCHASING A PROPERTY, YOU WILL SIGN SEPARATELY AT A SEPARATE CLOSING. THAT CLOSING USUALLY TAKES BETWEEN 40 MINUTES AND AN HOUR. AND THAT AGAIN YOU HAVE ONE NOTARY AND 1 TO 2 SELLERS ON AVERAGE. OKAY. YEAH. HEY, ROB, WE TALKED WE TALKED A LITTLE BIT ABOUT THE THE WIDTH OF THE DRIVEWAY. AND HAVE YOU GIVEN MUCH THOUGHT TO THAT? YES, TO SOME DEGREE. SO WHEN I PURCHASED THE PROPERTY, MY UNDERSTANDING WAS IT HAD PREVIOUSLY BEEN OPERATED AS A BUSINESS FOR 20 SOME ODD YEARS. I THINK IN GRINNELL MOTORS OR SOMETHING LIKE THAT, OPERATED OUT OF THAT BACK BUILDING. SO. THEY, YOU KNOW, WERE ABLE TO GET THROUGH THERE WITH ALL OF THEIR EQUIPMENT AND UPS TRUCKS AND DELIVERIES AND THINGS LIKE THAT. SO IT IT HASN'T, YOU KNOW, BEEN MUCH IT SEEMS LIKE ALL THE VEHICLES THAT NEED TO GET THROUGH THERE HAVE FOR MANY YEARS WITHOUT ISSUE. THERE'S KIND OF A NATURAL BARRIER BETWEEN THE TWO DRIVEWAYS. MY THOUGHTS AND INTENTIONS WERE ALWAYS TO PUT SOME SORT OF VISUAL BREAK THERE. I THINK AARON MENTIONED A SIX FOOT PRIVACY FENCE. IF I WAS PERMITTED TO DO SOMETHING TALLER, I WOULD CERTAINLY, YOU KNOW, WELCOME THE OPPORTUNITY TO DO THAT OR DO SOME SORT OF FENCING WITH SOME NATURAL, YOU KNOW, TREES OR ARBORVITAE IN CONJUNCTION WITH THAT, I'D EVEN CONSIDER A BRICK WALL, YOU KNOW, ANYTHING THAT, YOU KNOW, KIND OF CREATED A BARRIER FOR MY NEIGHBORS AND, YOU KNOW, ALL OF THAT. YEAH, I THINK IT'S POSSIBLE. YOU KNOW, I KNOW THERE'S A COMMENT, MAYBE IN JEST, ABOUT MOVING THE HOME, BUT IT'S POSSIBLE THAT THAT THAT GARAGE COULD SHRINK SOME, YOU KNOW, AND I'M OPEN TO, TO WORKING WITH THINGS. SO RIGHT NOW THERE'S A TWO CAR GARAGE THAT IN THE PLAN THAT YOU HAVE IN FRONT OF YOU IS IT'S GOT LIKE AN A STOREFRONT KIND OF OFFICE LOOK TO IT. THE INSPIRATION FOR THAT WAS MARKET STREET. THAT'S WHERE OUR OFFICES ARE CURRENTLY HOUSED. I THINK MARKET STREET, YOU KNOW, WAS KIND OF INTENDED TO EMULATE A EARLIER KIND OF URBAN CENTER WHERE THERE ARE DIFFERENT TEXTURES AND FINISHES ON THE STOREFRONTS. YOU KNOW, THEY'RE NOT ALL UNIFORM IN NATURE, BUT I'M IMAGINING, YOU KNOW, HEAVY TRIM WORK WINDOW BOXES FOR FLOWERS, THINGS LIKE THAT, NOT JUST A STRAIGHT GLASS FRONT OR ANYTHING, BUT, I MEAN, YOU KNOW, WE COULD BRING IT IN WHERE IT CURRENTLY IS, THE SPACE FOR A TWO CAR GARAGE. MAYBE IT'S ONLY A ONE CAR GARAGE AND WE PROVIDE ADDITIONAL WIDTH THERE FOR ADDED SCREENING BETWEEN THE NEIGHBORING PROPERTY. THAT'S SOMETHING I'LL BE OPEN TO. THE ZONING TEXT MENTIONS A MINIMUM

[01:35:05]

UNDERLYING CODE. YEAH. THE RATIOS ARE REQUIRED BY THAT. AND THAT'S HOW WE ARRIVED AT THAT NUMBER. AND MOST OF THAT PARKING IS ALREADY EXISTING, BUT IT'S IN THE FORM OF A GRAVEL LOT. AND IT SOUNDS LIKE A LOT TO ME BECAUSE I THINK THE URBAN CITY CODE WOULD SAY 500 SQUARE ONE ONE PARKING SPOT FOR EVERY 500FT■!S OF OFFICE SPACE, WHICH IS NOT THAT LARGE OF A HOUSE. AND THEN ACCESSORY I WOULDN'T THINK WOULD HAVE MUCH PARKING. SO IT'S BIGGER. I THINK IT'S MORE SQUARE FOOTAGE. BUT YEAH, THE PARKING CALCULATION IS GOING TO BE DIFFERENT FOR AN ACCESSORY BUILDING. I DON'T KNOW WHAT THAT NUMBER WOULD BE, JUST IT SEEMS LIKE A LOT IF YOU'RE TALKING ABOUT THE NUMBER OF PEOPLE COMING ON A DAILY BASIS, IT DOESN'T FEEL LIKE YOU NEED THAT MANY PARKING SPOTS. YEAH, THAT WASN'T LIKE A STRONG POINT FOR ME TO ACHIEVE MAXIMUM PARKING OR ANYTHING. I THINK AS I WENT THROUGH THIS PROCESS, WHICH WAS GUIDED IN SOME PART BY THE CITY THROUGH MEETINGS WITH THE PLANNING DEPARTMENT AND OUR ARCHITECT, WHO IS ADAM DAVEY, I CAN'T REMEMBER WHO, YOU KNOW, KIND OF DIRECTED US TOWARDS THE NEED FOR THAT NUMBER OF SPACES, BUT IT'S NOT SOMETHING I FEEL PARTICULARLY TIED TO. I DO THINK THAT SOME OF THE MORE URBAN OFFICE SPACES PROBABLY HAVE OPTIONS FOR STREET PARKING AND THINGS OF THAT NATURE. CURRENTLY, MY OFFICE IS AT MARKET STREET.

PARKING. AT TIMES THERE IT CAN BE A CHALLENGE, YOU KNOW? SO I PROBABLY HAVE A, YOU KNOW, A BIAS TOWARDS PARKING SPACES AND MAKE SURE THAT THERE'S ALWAYS ONE THERE. BUT IT'S SOMETHING I'M CERTAINLY FLEXIBLE ON. YEAH. I MEAN, THE DOWNSIDE IS IF YOU DON'T HAVE ENOUGH, YOU HAVE A LOT OF PEOPLE SHOW UP IF THEY'RE GOING TO PARK ON THE STREET. AND THAT'S NOT GOOD FOR THE NEIGHBORHOOD EITHER. YEAH. AS I SAID, MOST OF THAT PARKING SPACE IS ALREADY IN EXISTENCE WITH THE GRAVEL LOT. THE ONLY SPACES THAT WE ADDED WAS IN ESSENTIALLY WIDENING THE DRIVE THERE. THE THOUGHT BEING THAT, YOU KNOW, IN THE FIVE OR SO MONTHS THAT IT COULD SNOW HERE IN OHIO, MY COUPLE OF STAFF MEMBERS THAT ARE IN THE OFFICE REGULARLY, I DIDN'T WANT THEM TO HAVE TO WALK FURTHER THAN NEEDED TO GET TO THE OFFICE SORT OF THING. SO I JUST THOUGHT THE CLOSER I COULD BRING THE PARKING IN FOR THEIR SAKE. WHAT WOULD YOU BE ANTICIPATING? I KNOW I'VE NOTICED YOUR YOU KNOW, YOU'RE MOVING VAN VEHICLES THAT YOU HAVE. THEY'RE TYPICALLY PARKED OVER NEAR THE CENTER AREA. OR WOULD YOU BE PARKING THOSE HERE? YES, THAT WOULD BE THE IDEA. CURRENTLY OUR. OUR BUSINESS IS SOMEWHAT SPREAD OUT IN TERMS OF STORAGE. SO OUR SIGNS ARE STORED OFF SITE. AND THEN WE HAVE STAGING FURNITURE STORED OFF SITE MOVING TRUCKS. IS THE IDEA TO STORE THAT ON YOUR. IT WOULD BE. YEAH. SO SO THAT WOULD BE A MAIN USE THEN OF YOUR ACCESSORY STRUCTURE AT LEAST AT THE BEGINNING. THAT'S THE IDEA IS THAT WE WOULD BE ABLE TO HAVE THE STAGING FURNITURE ON HAND. SO RIGHT NOW WHEN WE MEET WITH SELLER AND YOU KNOW, WE'RE GOING THROUGH THEIR HOME AND WE FIND THAT OG, YOU KNOW, OUR KIDS, THEY THEY TOOK THAT BEDROOM SET WHEN THEY MOVED OUT OR WHATEVER IT IS.

YOU KNOW, THE QUESTION ARISES, DO WE HAVE ONE THAT WE CAN PUT IN ITS PLACE. AND RIGHT NOW THAT ENTAILS ME SENDING SOMEBODY, YOU KNOW, A 15 TO 20 MINUTE DRIVE TO A STORAGE UNIT, OPENING IT, TRYING TO RIFLE THROUGH IT TO SEE WHAT WE HAVE. THE HOPE WOULD BE BY HAVING IT ON SITE, WE COULD, YOU KNOW, BETTER ORGANIZE IT AND SERVE OUR CLIENTS AND AND A BETTER CAPACITY. HAVE THE TRUCKS ON SITE. YOU KNOW, RIGHT NOW WE HAVE TO MOVE THEM FOR A LOT OF EVENTS. SO WHEN NEW ALBANY HOSTS OKTOBERFEST, THE HONOR RIDE, TASTE OF NEW ALBANY, I

[01:40:04]

AND WHEN I WAS EVALUATING REPAIRING THAT SEPTIC SYSTEM, REPLACING THAT SEPTIC SYSTEM OR, YOU KNOW, TAPPING INTO CITY SEWER, WHICH I'VE DONE AT OTHER PROPERTIES, I DID RECEIVE TWO QUOTES ON TAPPING INTO CITY SEWER, SO I'M AWARE OF HOW IT CAN BE DONE. IT'S ABOUT 450 FOOT DISTANCE TO TO GET TO THE TAP FROM THE HOME. AND THE QUOTES I RECEIVED WERE IN THE NEIGHBORHOOD OF $50,000, GIVE OR TAKE. I WAS ABLE TO MAKE REPAIRS TO THE LEECH BED SYSTEM FOR CONSIDERABLY LESS THAN THAT, SO I OPTED TO DO THAT IN THIS INSTANCE. AND ARE YOU ON CITY WATER? WE ARE ON CITY WATER. MY UNDERSTANDING IS WHEN THEY PUT IN THE 161 FREEWAY, THEY BLASTING IMPACTED THE USE OF THE EXISTING WELL AND OHIO DEPARTMENT OF TRANSPORTATION. I KNOW THIS BECAUSE MY WIFE'S AN ATTORNEY AND GOT REALLY INTERESTED IN THIS PROPERTY WHEN WE WERE PURCHASING IT, AND SHE FOUND THAT THE PRIOR RESIDENTS WERE ENGAGED IN A LAWSUIT WITH ODOT WHEN THE FREEWAY WENT IN AND PART OF THE RESULT OF THAT LAWSUIT INCLUDED TAPPING INTO CITY WATER. OKAY. BECAUSE THAT'S ALWAYS A QUESTION GOT ASKED IN THE HISTORIC VILLAGE. IT HAS A FAIRLY LARGE TAP. IT'S IT'S PROBABLY LIKE A ONE INCH OR 1.25IN LONG, BECAUSE IT ALSO SERVES THE ACCESSORY STRUCTURE, WHICH DOES HAVE BATHROOMS. OKAY, ROB, IF THIS ISN'T PASSED, WOULD YOU JUST PLAN ON USING THE PROPERTY AS A RENTAL? I MEAN, I DON'T KNOW THAT I HAVE ANY OTHER CHOICE. SO OUR COMPANY HAD THE PROPERTY LISTED FOR SALE. IT WENT UNDER CONTRACT AND IT DID NOT CLOSE. I UNDERSTOOD THROUGH OUR RELATIONSHIP WITH THE SELLERS THE HARDSHIP THAT THAT PLACED ON THE SELLERS. AND I KIND OF JOKINGLY SAY, I BOUGHT THE PROPERTY BY ACCIDENT. YEAH, YOU KNOW, I SAID, HEY, YOU KNOW, IF IT'LL HELP YOU OUT, WE, THE SELLERS HAD AGING PARENTS THAT NEEDED IN-HOME NURSING CARE OR NURSING CARE. THEY WERE KIND OF OUT OF THE FUNDS TO PROVIDE THAT. AND SO IT'S A REAL TOUGH BLOW TO LOSE THE BUYER. AND, YOU KNOW, I KIND OF OUT OF EMPATHY WAS LIKE, HEY, YOU KNOW, IF IT WOULD HELP YOU OUT, I COULD PAY YOU THIS FOR THE PROPERTY. AND THEY WERE LIKE, NO, NO, THAT'S FINE. YOU KNOW, THANK YOU VERY MUCH. WE APPRECIATE IT. WE'LL FIGURE SOMETHING OUT. AND I THOUGHT, OH, THANK GOODNESS. AND THEN A WEEK LATER I GOT A CALL SAYING, YEAH, WE REALLY NEED TO DO THAT. WE'RE, YOU KNOW, SITUATION HAS GOTTEN MORE SERIOUS. SO I PURCHASED IT AND THINKING THAT I WOULD, YOU KNOW, KIND OF USE IT AS A RENTAL FOR A WHILE QUICKLY REMINDED MYSELF THAT I DON'T HAVE RENTALS ANYMORE. I'M NOT A GOOD LANDLORD. I DON'T HAVE, YOU KNOW, HAVE THE THE RIGID BACKBONE TO WHEN PEOPLE GET BEHIND ON RENT, YOU KNOW, SHAKE MY FIST AT THEM. I WANT TO STAY ON GOOD TERMS WITH EVERYONE IN THE COMMUNITY.

EVERYONE COULD BE A CLIENT, ALL THAT. SO I ACTUALLY LISTED THE PROPERTY FOR SALE. I THOUGHT, OKAY, WELL, I PUT SOME MONEY INTO IT. I FIXED IT UP. IF I CAN RECOUP MY INVESTMENT OR EVEN TAKE A LITTLE HAIRCUT, I COULD LIVE WITH THAT. AND IN THE COURSE OF TRYING TO SELL IT, EVERYBODY THAT CALLED ON IT WANTED SOME KIND OF COMMERCIAL USE. THAT WAS I MEAN, YOU KNOW, I THINK SOME OF THE FOLKS THAT CONTACTED ME ABOUT IT WERE ONES THAT WERE LOSING THEIR SPACE THERE ON SECOND STREET, WHERE THAT AREA IS BEING REDEVELOPED. SO THEY CURRENTLY HAVE OFFICE SPACES IN WHAT WERE FORMERLY HOMES OR OTHER BUILDINGS. AND THEY'RE, YOU KNOW, TRYING TO KEEP SOME PROXIMITY TO THE VILLAGE CENTER AND MAINTAIN A PROFESSIONAL OFFICE SPACE. SO,

[01:45:04]

THANK YOU. IF I COULD TAKE AN OPPORTUNITY TO TO GO BACK TO BRUCE'S QUESTION ABOUT THE DRIVEWAY WIDTH. SO WE DID DO SOME DIGGING THROUGH CODE HERE. BEAR WITH ME. MY EYESIGHT IS GETTING WORSE. SO CODE DOES NOT. OH, GOSH, I'M SO SORRY, I FORGOT. SO CODE ACTUALLY DOESN'T HAVE A MINIMUM WIDTH FOR THE CURB CUT ON 605. BUT IT DOES SAY IS THAT THE MANEUVERING LANE, WHICH IS DIRECTLY BEHIND PARKING STALLS. SO THAT WOULD BE I'M SORRY I'M HITTING YOUR HEAD HERE, BUT THAT WOULD BE THIS LANE AGAIN BEHIND THESE STALLS NEEDS TO BE A MINIMUM OF 22FT WIDE, AND IT'S 24FT WIDE AS SHOWN ON THE PLAN. SO THEY ARE MEETING THAT REQUIREMENT, THAT WIDTH HERE BETWEEN THE HOUSE AND THE PROPERTY LINE IS ABOUT 13FT.

HOWEVER, THERE'S NO MINIMUM OR MAXIMUM CODE STANDARD FOR THAT WIDTH FOR THAT. THAT TYPE OF FILE. THANK YOU CHRIS. OKAY. WE DID INVOLVE A CIVIL ENGINEER WHEN WE WERE GOING THROUGH THE PLANNING, AND THEY ADVISED US ON STORMWATER MANAGEMENT AND THINGS OF THAT NATURE. LONGER TERM RADIUS AND ALL THAT. OTHER PERSONAL COMMENTS. YOU'VE GOT, FOR EXAMPLE, IN IN GOING THROUGH SOME OF THE TEXT, LIKE PARKING LOT DRIVEWAYS, YOU'VE GOT COMMENTS ABOUT LIGHT POLES.

FOR THE IF THIS WENT THROUGH AS A DEVELOPMENT STANDARD, WOULD YOU BE AGREEABLE TO THE LIGHTS SHOWING THE DRIVE? NOT PARKING LOT LIGHTS, BUT THE THE DRIVE DISPLAY LIGHTS SURE BE RELATIVELY SHORT. THAT IS LIKE WAIST HIGH OR LOWER. MY MY DART HITS THE DART BOARD AT LOWER THAN THE EYE LEVEL OF A SITTING DRIVER. THAT WAY IT'S OUT OF IT'S NOT GLARING. AND BECAUSE YOU'RE SO CLOSE TO THE NEIGHBORS, IT MEANS THAT YOU HAVE LESS CHANCE OF SPILL. IF IT'S A LOW LIGHT AS OPPOSED TO A STREET LIGHT TYPE LIGHT. YEAH, I THINK THAT'S GREAT.

ESPECIALLY IF THERE WERE A LOT OF, YOU KNOW, AGAIN, I THINK I'VE JUST FOUND OUT TODAY.

OFFENSE. BUT I WOULD IMAGINE SOME SORT OF WALL THERE. I CAN SEE SOME VERY TASTEFUL, YOU KNOW, LOW DOWNWARD POINTING LIGHTS, SIMILAR TO WHAT GUIDES LIKE AN AISLE IN A MOVIE THEATER SORT OF THING, JUST ILLUMINATING THE DRIVE. THIS IS WHERE TO DRIVE. YEAH, I THINK THAT WOULD BE GOOD. WOULD YOU BE WILLING TO PUT AND I'LL HAVE TO MAKE IT INTO INTO THE I NEED TO RUN THIS BY STAFF. ACTUALLY. CAN WE MODIFY BASICALLY THE SIGN CODE HERE? SINCE THIS IS A PUD WE'VE GOT WE OPEN THE BOOK ON WHAT CODE IS EFFECTIVELY. AND SO HAVING SIGNAGE AT THE MOUTH OF THE DRIVEWAY THAT PRETTY MUCH SAYS DON'T GO TO MY NEIGHBORS, GO. HERE IS SOMETHING THAT WE COULD ADD AS A CONDITION OKAY. ANOTHER QUESTION FOR STAFF AND POSSIBLY LEGAL. IS IT POSSIBLE FOR US TO BAKE IN FUTURE CONDITIONS SUCH THAT IF THE ADJACENT PROPERTY TO THE SOUTH WAS REZONED TO A SIMILAR USAGE, THAT RESTRICTIONS THAT WE WOULD PLACE TONIGHT WOULD BE RELAXED? WE'VE WE'VE DONE SIMILAR THINGS IN THE PAST IN THE BUSINESS PARK WHEN ADJACENT PROPERTIES ARE PLOTLINES TO A SIMILAR USE. SETBACKS GO AWAY WHEN YOU HAVE SIMILAR USE AND SUCH. YES, IT'S BEEN DONE BEFORE. YES. BECAUSE MY MY THOUGHTS ON THIS ARE THAT AS A ONE OFF, I'M NOT FEELING GREAT ABOUT IT. IF WE DID THE NEIGHBORHOOD, OR IF THERE WAS A DESIRE FOR THE NEIGHBORHOOD TO REDEVELOP AS A UNIT, THAT WE WOULD BE READY FOR IT. WE WOULDN'T NEED FOR ZONINGS TO REZONE FOR PIECES OF PROPERTY. IF THIS ONE WOULD BE LOCKED AT A CERTAIN PLACE THAT SAYS, FOR EXAMPLE, JUST THE HOUSE AND THE BUILDING THAT'S CURRENTLY THERE.

NO REDEVELOPMENT UNTIL WE GET A REZONING NEXT TO IT THAT SAYS IT NOW HAS A SIMILAR COMMERCIAL

[01:50:01]

ERIC. YEAH, THE GREAT EXAMPLE IS THE ONE YOU RAISED. I IF I WERE YOU, I'D BE A BIT RELUCTANT TO JUST SAY THOSE THINGS GO AWAY WHEN YOU DON'T KNOW EXACTLY WHAT'S GOING TO HAPPEN NEXT DOOR. BUT MAYBE IF IT'S EITHER NOTED AS A CONDITION OR WE HAVE IT VERY CLEAR IN THE MINUTES THAT IF IF ROB WERE TO COME IN IN THAT SITUATION AND ASK YOU FOR A MODIFICATION, THAT'S SOMETHING THAT THE COMMISSION WOULD BE OPEN TO. I THINK IF I WERE YOU, I WOULD WANT TO RETAIN A REVIEW. RIGHT THOUGH. OKAY. ALL RIGHT. BECAUSE THERE'S THERE'S A HANDFUL OF STUFF THAT JUST INSTANTLY POPPED IN MIND, ONE OF WHICH WAS A SHARED A COMPLETELY SHARED DRIVEWAY WHERE BOTH SIDES AGREED THERE WOULD BE CROSS ACCESS FOR THE SAME NUMBER OF FEET, BOTH SIDES, BECAUSE THERE'S A LOT OF PAVEMENT HERE. AND WHAT YOU GOT IS TWO VERY NARROW DRIVEWAYS, RIGHT. AND I'M THINKING IN THAT SITUATION, WE'D PROBABLY HAVE TO DO AN AMENDED FINAL DEVELOPMENT PLAN ON THIS ANYWAY. OKAY. RIGHT, RIGHT. YEAH. OKAY.

LET ME GO THROUGH. IS IT TYPICAL FOR TAKING APPEALS ON PUDS TO GO TO BZA INSTEAD OF PLANNING COMMISSION? YES, THAT'S STANDARD CODE. OKAY. ALL RIGHT. WE HEAR THE CHANGES TO STANDARDS. ALL RIGHT. ON F OR HANG ON. I MEAN, SEVEN F ON PAGE FIVE OF THE TEXT. CAN WE EXEMPT ROOF MOUNTED SOLAR FROM THE SCREENING REQUIREMENT? YES. WE CAN ADOPT SIMILAR LANGUAGE THAT YOU GUYS HAVE USED IN THE PAST. SO FROM ROMANS SEVEN F. MECHANICAL EQUIPMENT. AND WE ALSO HAD IN THERE THAT DEVELOPMENT IN THE RIGHT OF WAY. NOT TO PRECLUDE EXTENSION OF THE BIKE PATH. YEAH. WE MAY NEED TO COME UP WITH WHAT THAT'S GOING TO REALLY MEAN.

FOR EXAMPLE, THE FEE IN LIEU OF OR SOMETHING ALONG THAT LINE IS FOR ALL THE STUFF THAT HAPPENS IN THE RIGHT OF WAY, LIKE STREET TREES. FEE IN LIEU OF MAKES SENSE HERE AND BIKE PATH ALSO FEE IN LIEU OF MIGHT MAKE SENSE HERE SUCH THAT WE CAN COME UP WITH AN INTEGRATED BIKE PATH AND SO THAT THIS WHOLE SIDE OF THE ROAD, BECAUSE THEY GOT THE RIGHT OF WAY WE DON'T HAVE IS A GRANT TO FUND IT OR THE ENGINEERING TO DEAL WITH THE RIGHT. YEAH. I THINK THAT THE TEXT READS THAT THE BOTH THOSE FEE AND LOSE WOULD BE IN COORDINATION WITH THE CITY STAFF AND THAT PLAN. RIGHT. BUT BUT IN PARTICULAR THAT WE'VE GOT THE BOX OPEN THAT IT BE WRITTEN IN HERE THAT. THE BIKE PATH BESIDES A WHOLE BUNCH OF STUFF AND WE NEED IT BEFORE WE LAY DOWN ALL THE REST OF THE STUFF. OKAY. THAT WAS THE OTHER QUESTIONS AND COMMENTS WHILE I'M LOOKING THROUGH MY LIST. ONE THING IT'S SORT OF CONCERNS ME ABOUT THE APPLICATION IS THAT DUE TO THE NATURE OF THE OF THE LOT, THERE'S NOT A LOT OF ABILITY TO SCREEN BETWEEN THE PROPERTY TO THE SOUTH. THE IF YOU IF WE LOOK AT THE THE DEPICTION THERE, THE SCHEMATIC, YOU KNOW, WE'VE GOT LOOKS LIKE, YOU KNOW, HEAD IN PARKING ON THE SIDE WHICH WITH THE, YOU KNOW, WITH THE BACK ENDS OF THE CARS ARE GOING TO BE FACING THE PROPERTY TO THE SOUTH WITH NO SCREENING. ORDINARILY THERE, YOU KNOW, THERE WOULD BE SOME LANDSCAPING THAT WOULD BE BETWEEN A PARKING LOT AND, AND CERTAINLY A RESIDENCE TO THE ADJACENT RESIDENCE. AND SO HOW

[01:55:04]

IS IT AN UNDERGROUND TILE OR IS IT A SWALE? IT'S UNDERGROUND. WELL, THAT COULD CREATE PROBLEMS FOR A FENCE, BECAUSE YOU DON'T WANT TO PUNCH THROUGH THE. TILE. IT COULD BE TAKEN CARE OF WITH ENGINEERING. YEAH, I THINK I THINK THERE'S A LOT OF QUESTIONS HERE THAT WOULD NEED TO GO THROUGH A FINAL DEVELOPMENT PLAN. THE PARKING LOT STILL PROPOSED, AND THEREFORE THEY WOULD HAVE ENGINEERING PLANS AND THERE WOULD BE A LOT ACCESS FOR FIRE AND EVERYTHING ELSE WOULD NEED TO BE INVOLVED. AND THERE'LL BE A LOT OF CHANGES WHEN THERE'S ACTUALLY A ENGINEERING PLAN THAT'S PROPOSED FOR THIS LOT. WE'RE JUST MAKING SURE THAT A PLANNING PROBLEM IS SOLVABLE, WHICH MEANS WE NEEDED TO CHECK THINGS LIKE ENGINEERING SAYS, OH, YOU JUST VIOLATED THE SPEED OF LIGHT. THAT'S NOT GOING TO HAPPEN NOW. AND THINGS LIKE, OH, THERE'S A DRAINAGE TUNNEL. OKAY, WE CAN FIX THE DRAINAGE TILE. ALL RIGHT. AS LONG AS THERE'S A WE CAN FIX THAT. THEN WE GO AHEAD. NO, THAT'S AGAIN I'M TRYING TO GET. I'M JUST CONCERNED THAT, YOU KNOW, THAT THERE'D BE SOME SCREENING FOR THE FOR THE ADJACENT PROPERTY, ESPECIALLY IN LOOKING AT WHEN WE LOOKED AT THE GOOGLE MAPS, I THE CONFIGURATION OF THE HOUSE, IT LOOKS LIKE IT MAY LOOK TO THE NORTH. I DON'T I DON'T KNOW. YEAH. SO I'M I'M DEFINITELY IN FAVOR. I THINK THERE'S A MUTUAL BENEFIT IN, YOU KNOW, ADDING AS MUCH SCREENING AS WE CAN POSSIBLY PROVIDE BETWEEN THE TWO PROPERTIES. I THINK THE, YOU KNOW, THERE'S STILL ENGINEERING THAT WILL TAKE PLACE. I KNOW IN SOME OF THE PRELIMINARY CONVERSATIONS THAT WE HAVE WITH CIVIL ENGINEER, OBVIOUSLY, STORMWATER MANAGEMENT IS A BIG PART OF THAT. AND YOU'VE GOT IMPERVIOUS SURFACE. I IMAGINE THERE WILL BE A GOOD DEAL OF NEW DRAIN PIPE AND GRADED LINES GOING IN. SO WHATEVER THE CAPACITY OF THE EXISTING DRAIN DRAINAGE BETWEEN THE TWO DRIVEWAYS, I'M GUESSING THAT WOULD BE ADDRESSED IN THE ENGINEERING ASPECT OF IT. YEAH, I DO KNOW THAT. TO YOUR POINT ABOUT SCREENING BETWEEN THE TWO PROPERTIES, SINCE THIS RENDERING WAS DEVELOPED, THE SOUTHERN NEIGHBOR HAS ADDED A GARAGE ALONG GARAGE THAT BORDERS THE PROPERTY BOUNDARY AS WELL. OKAY, WE DO NOT SEE THAT ON THE GOOGLE MAPS, I TAKE IT. YEAH, IT'S UNDER CONSTRUCTION RIGHT NOW. OKAY. AND THEN YEAH, YEAH. SO AND THEN THE PART THAT'S FACING THIS IS THE EXISTING ATTACHED GARAGE. STAFF FENCING ARE WE, DO WE HAVE RESTRICTIONS ON FENCING IN HERE IN THE VILLAGE CENTER. NOT IN THE VILLAGE CENTER? I DO NOT BELIEVE SO. OKAY. THERE ACTUALLY IS NOT A REQUIREMENT TO HAVE A BUFFER BETWEEN DISSIMILAR USES IN THE VILLAGE CENTER. JUST ALSO, YOU KNOW, AND THE BASEMENT CENTER.

THIS GOES ABOVE AND BEYOND THAT. SURE. I WAS JUST WORRIED THAT ARB WOULD SAY NO YOU CAN'T.

YEAH. NO I'M NOT AWARE OF ANY. ALL RIGHT. IF WE COULD ASK THE NEIGHBORS ANSWER IT IS A SIX FOOT FENCE, YOU KNOW, ALONG THE LINES OF WHAT YOU WERE THINKING OF SEPARATING THE TWO PROPERTIES AS OPPOSED TO, SAY, A FOUR FOOT CHAIN LINK FENCE OR WHAT I'D SAY EITHER. OKAY. THE BIGGEST REASON IS I'M HAVING A HARD TIME. I MEAN, I'M LOOKING AT THE MAP BECAUSE I'M A VERY VISUAL PERSON IN THAT REGARD. IS THE WAY THAT THE DRIVEWAY IS. HOW ARE YOU GOING TO GET A PRIVACY FENCE IN? BECAUSE MOST OF OUR, LIKE OUR FRONT YARD, LOOKS AT THEIR BACKYARD CURRENTLY. SO HOW DO YOU GET A PRIVACY FENCE IN WITH WITHOUT? I MEAN A POINTER, BUT YOU CAN'T

[02:00:03]

OKAY, YOU'RE NOT GOING TO FIT. I MEAN, I DON'T EVEN THINK THE THING IS A PRIVACY FENCE ISN'T GOING TO FIT. YEAH, YEAH. IF YOU GO DOWN ALL OF THE THE HOUSES DOWN THAT ROAD, NONE OF THEM HAVE FENCING TODAY. CORRECT. SO THIS WOULD BE ATYPICAL FOR THE NEIGHBORHOOD.

CORRECT. MOST OF THEM HAVE LIKE BETWEEN US AND THE NEIGHBOR TO THE SOUTH OF US, THERE'S A WHOLE BUNCH OF TREES SEPARATING THE TWO PROPERTIES. YEAH. THANK YOU FOR THE APPLICANT. YOU HAD A SLIDE THAT SHOWED A CONCEPTUAL OF IF YOU REDID THIS. AND WHILE WE'RE NOT VOTING ON THAT BECAUSE HANG ON, IF YOU BRING IT UP IT'S IN THE PACKET. YEAH. THE CONCEPT PLAN, THE CONCEPT WHICH SHOWED THE NEW BUILDING, THE CONCEPT, THE WEIGHT CONCEPT, ONLY THAT ONE.

I'D LIKE TO POINT OUT THAT THE BUILDING PUTS PARKING BETWEEN IT AND THE STREET, AND ISN'T OUR TYPICAL TO PUT THE BUILDING CLOSER TO THE STREET SO THAT. FOR THE APPLICANT'S PURPOSES, WE WOULD BE MORE AMENABLE TO SEEING THAT MOVED ALL THE WAY UP. IF IT'S I MEAN, TOPO MAY NOT LET YOU. WE'D LIKE TO HEAR IF THERE'S REASONS WHY YOU CAN'T. YEAH. IT'S ACTUALLY WRITTEN IN THE URBAN CODE. THIS IS A GOOD POINT. SO THIS THIS CONCEPT PLAN GOES BACK A WAYS AND PROBABLY EVEN PRE SOUND UNDERSTANDING ALL THAT. SO THE THOUGHT HERE WAS THAT WAS THE ONLY PLACE YOU HAD TO SEE THE BUILDING FROM THE HIGHWAY. NOT THOSE TREES ARE GONE. I DON'T THINK IT MATTERS ANYMORE. SO WE THAT'S NOTED. AND YOU KNOW MOVING THAT BUILDING FORWARD WOULD BE OKAY WITH US. THIS WAS ONLY INTENDED TO DEMONSTRATE IN THE FUTURE THAT THERE WAS CAPACITY ON THE SITE FOR SOMETHING TO BE DONE. THIS IS JUST A CARTOON, REALLY. AS I MENTIONED EARLIER, I THINK I THINK WE'RE WILLING TO COMMIT TO TAKING, YOU KNOW, ANY WE CAN WORD A CONDITION PROPERLY, BUT TAKING ANY MATERIAL REDEVELOPMENT OF THE SITE THROUGH A ZONING PROCESS, AGAIN, I THINK THAT WOULD BE APPROPRIATE TO GET THIS DONE AND NOT TRY TO PREDICT THE FUTURE. YEAH, I WANT IT ON RECORD THAT BECAUSE THE THE WAY IT WORKS, THIS IS ALSO THE PRELIMINARY DEVELOPMENT PLAN. AND IF THAT SAID, OH, WE'RE THINKING ABOUT A BUILDING HERE I DON'T WANT ON FINAL FOR THAT BUILDING TO BE THERE. RIGHT. IF THAT'S BEEN APPROVED, OKAY, THAT'S IN THE RECORD AND I'M FINE SINCE YOU'RE SAYING WE'LL PROBABLY NOT DOING THIS. YEAH, WE CAN WE CAN MAKE IT A CONDITION THAT WE CAN FASHION A CONDITION IN SOME RESPECT. IT SAYS, YOU KNOW, THIS THIS ZONING ISN'T INTENDED TO FACILITATE. SORT OF A LESS THAN FULL REDEVELOPMENT OF THE SITE. AND ANYTHING MORE MATERIAL WOULD HAVE TO GO THROUGH A ZONING PROCESS, YOU KNOW, DEMOLITION AND DEMOLITION REQUIRES THE APPROVAL ANYWAY, RIGHT? YES. ANY DEMOLITION AND NEW BUILDINGS WOULD REQUIRE A REZONING. OKAY. SO IT PERTAINS TO RETAINING THE TWO MAIN BUILDINGS AND NOT TO NEW BUILDINGS. AND IT'S A LITTLE AFTER NINE. SO I THINK WE SHOULD TAKE A 5 OR 10 MINUTE BREAK SO THAT PEOPLE CAN STAND UP AND GET BLOOD CIRCULATING, ETC. SO LET US ADJOURN FOR TEN MINUTES.

[02:14:13]

[02:14:22]

SO IT WOULD BE IS IT MINIMUM OR MINIMUM OR MAXIMUM? MAXIMUM. AND IT'S BASED ON BUILDING TYPOLOGY. SO ONE JUST THROWING IT OUT THERE. ONE CREATIVE WAY YOU COULD DO IT IS THAT IT

[02:15:05]

AND THOSE BUILDING TYPOLOGIES, WHICH I THINK THE PERMITTED BUILDING TYPOLOGIES ARE. IN HERE. ONE SECOND HERE. HERE WE GO. CLASSIC COMMERCIAL, TRADITIONAL. COMMERCIAL. URBAN.

COMMERCIAL. YEAH. THOSE ONES WOULD BE ALSO MAXIMUM. SO IT WOULD BE WE COULD CHANGE THE TEXT TO REFER TO THOSE BUILDING TYPOLOGIES INSTEAD OF THE BASE CODE. PARKING CODE. OKAY. SO BECAUSE IT'S BASED ON SQUARE FOOTAGE OF A BUILDING. SAY THAT AGAIN ABOUT BASE IT ON WHERE ARE WE IN THE TEXT. SO THE TEXT WOULD BE CONSUMPTION. OH, DID YOU BRING THE MEETING BACK? ARE WE ON THE RECORD? I HIT THE GAVEL. YEAH. SO THIS WOULD BE WHAT? PAGE NUMBERS. SO THIS WOULD BE A PAGE THREE, FIVE A WE WOULD THE LAST SENTENCE WE WOULD MODIFY THAT TO STATE THAT PARKING VEHICULAR PARKING LOADING FOR THE BUILDING SHALL BE PROVIDED PER THE URBAN CENTER CODE, IN ACCORDANCE WITH THE PRIMITIVE BUILDING TYPOLOGIES. SO BASED ON VILLAGE CODE. I'M SORRY, WHERE IS THIS? I'M SORRY. SECTION ROMAN FIVE A PARKING AND LOADING FIVE THREE.

OH I THOUGHT HE SAID H SO I WAS ON H. IF I MAY. YES. WE'RE A LITTLE WE'RE A LITTLE RELUCTANT TO AGREE TO THAT SMALLER NUMBER GIVEN THE THE TRUCK SITUATION TO IF THAT'S THE MAXIMUM. RIGHT.

WE DON'T NEED 33. WE CAN TELL YOU THAT. SO I'M TRYING TO FIGURE OUT A WAY THAT WE CAN, YOU KNOW, LOOK AT THIS A LITTLE MORE AT DO WE DO YOU HAVE A BETTER NUMBER. 1 OR 20 18 TO 20 WHEN WE DO OUR STREET PARKING. SO MY CONCERN IS I MEAN, I THINK THERE'S CURRENTLY ON SITE PARKING IN EXCESS OF 11 SPACES. AND I'M JUST WORRIED, YOU KNOW, WITH CURRENTLY WHEN WE HOST A TEAM MEETING, WE COULD HAVE UP TO LIKE, YOU KNOW, 12 OR 13 PEOPLE IN ATTENDANCE AND THERE'S JUST NO THERE'S NO STREET PARKING AVAILABLE. SO THE OTHER AREAS, LIKE IN THE URBAN DISTRICT, THERE'S KIND OF SHARED PARKING SPACES THAT ONE COULD USE. IN THIS CASE, IF THERE'S NO PARKING SPACE, YOU COULD BE AT RISK OF LIKE BLOCKING THE EGRESS OR ANYTHING LIKE THAT IS. I DIDN'T KNOW WHAT YOU'RE TALKING ABOUT. THE MINIMUM OR MAXIMUM. THERE WOULD BE A MAXIMUM. AND I WOULD SAY THAT THAT IS A GOOD POINT ABOUT THE LACK OF ON STREET PARKING SPACES IN THE AREA. SO WE HAVE A NUMBER OF THE APPROPRIATE PARKING SPACES FOR THE FOR THE USE. WHAT WHAT WAS YOUR GUYS'S 20 MAXIMUM 20 TO BE FURTHER OR TO BE FINALIZED AT THE TIME OF FINAL DEVELOPMENT PLAN NO MORE THAN 20. YES 20 FTP. FINE. THANK YOU. WHERE ARE. YEAH, OKAY. SO IN ISOLATION, I THINK IT'S A NICE WAY OF MAKING WHAT'S LOOKING LIKE A PROBLEMATIC RESIDENTIAL UNIT INTO SOMETHING USEFUL, BECAUSE THE WALL APPARENTLY IS AN ISSUE.

THE PROBLEM IS THAT IT'S NOT IN ISOLATION. THAT. OKAY. AND OTHER QUESTIONS OR COMMENTS. I JUST WANT TO GO ON THE RECORD QUICKLY. I THINK THERE'S A LOT OF UNKNOWNS AT THIS STAGE. YOU KNOW, ONE OF THE BIGGEST, I THINK IS THE. POSSIBILITY OF DOING SOME SORT OF WALL. YOU KNOW, I THINK I KNOW THERE'S BEEN SOME COMMENTS BY STAFF ABOUT ADDITIONAL, YOU KNOW, REVIEW FROM AN ENGINEERING PERSPECTIVE. SO JUST FOR WHAT THAT'S WORTH, I KNOW OBVIOUSLY THIS IS ONE STEP IN THE PROCESS. THERE'S A STEP WITH COUNCIL. THERE'S A FINAL DEVELOPMENT PLAN. SO THAT'S JUST MY QUICK COMMENT. ARE THERE PARTICULAR ISSUES THAT WE NEED SETTLED.

[02:20:03]

AND I THINK THAT THE PROXIMITY TO THE FREEWAY. YEAH, VISUALLY, YOU'RE LOOKING AT THE PROCESS.

OTHER BUSINESSES AND THINGS LIKE THAT. SO I THINK THAT'S KIND OF MY WELL, I CAN PLAY THIS BECAUSE THIS IS WHAT I COULD MAYBE DO WITH IT. OKAY. YEAH, ABSOLUTELY. ALL RIGHT.

WELL THANK YOU. YEAH. THANK YOU, THANK YOU. APPRECIATE IT. YEAH. WE GOT THE DOCUMENTS IN AND THEN WE'LL TABLE IT. YEAH. AND AND FOR THE APPLICANTS NOTE THAT UNDER ROMAN THREE IN THE.

STAFF REPORT, IT GIVES US THE CRITERIA WHICH WE USE TO EVALUATE THESE. AND THE FIRST ONE IS ADJACENT LAND USE. AND ITEM D IS ADJACENT ZONING. THOSE ARE YOUR STICKING POINTS.

AND THEN HOW THIS RELATES TO THE NEIGHBORS WHICH IS ADJACENT ONES ARE THE THAT'S THE HARD ISSUE. I MOVE TO ACCEPT THE STAFF REPORTS AND RELATED DOCUMENTS INTO THE RECORD. THE ZONING CHANGE 78 2025. DO I HEAR A SECOND ON THE DOCUMENTS? SECOND, ANY DISCUSSION ON THE DOCUMENTS? CALL THE ROLL, PLEASE, MR. KIRBY. YES. MR. WALLACE? YES. MR. SCHELL? YES, MR. LARSON. YES, MISS BRIGGS? YES, YES. HAVE IT. THE MOTION PASSES WITH ALL VOTES TO ADMIT

[02:25:05]

ROUGHLY 30 DAYS? ONE THING WE'VE DONE WITH OTHER APPLICATIONS IS BETWEEN 2 AND 3 MEETINGS. THAT GIVES YOU THE FLEXIBILITY SO YOU CAN COME BACK WITHIN TWO MONTHS, OR IF YOU NEED THAT EXTRA TIME TO WAIT TILL JANUARY THAN YOU CAN. BUT YOU DON'T HAVE TO, OKAY. SO YOU HAVE TO COME BACK TO THE TABLE UNNECESSARILY. LET'S. YEAH, I THINK I'D LIKE TO GIVE THAT SECOND MEETING IN DECEMBER IF WE COULD. AND IF WE CAN'T, WE'D GO TO THE FIRST ONE IN JANUARY. SO JUST HAVE A REGULAR MEETING. WHAT'S THAT? THAT WOULD BE OUR REGULAR DECEMBER MEETING. YEAH. THAT'S RIGHT. LET'S GO WITH THAT. THAT WAS MY QUESTION. SO SORRY. I DIDN'T MEAN TO JUMP ON YOU, BUT NOT A PROBLEM. TALKED ABOUT IT. DO I HEAR A MOTION ON THE APPLICATION ITSELF? MOVE TO TABLE APPLICATION. ZC 78 2025 TILL THE REGULARLY SCHEDULED DECEMBER 2025 MEETING TO HEAR A SECOND SECOND. BRUCE. YEP. ANY DISCUSSION ON THE MOTION TO TABLE? HEAR THE ROLL, PLEASE, MR. WALLACE? YES, MR. LARSON? YES, MR. SCHELL? YES, MR. KIRBY.

YES, MISS BRIGGS. YES, YES. THE MOTION PASSES WITH ALL VOTES TO GRANT THE MOTION TO TABLE UNTIL THE REGULARLY DECEMBER, REGULARLY SCHEDULED DECEMBER MEETING. THANK YOU. TAKES US TO CONDITIONAL USE 79. CAN WE HEAR FROM STAFF THERE? BATCH PLANT CONDITIONAL USE. ALL RIGHT. SO THIS APPLICATION IS FOR THE CONTINUED USE OF AN EXISTING BATCH PLANT ALONG HARRISON ROAD.

AND THE SITE IS SEEN AN IMAGE WILL BE BISECTED BY BRISCOE PARKWAY WHICH IS CURRENTLY UNDER DESIGN JUST FOR A REFERENCE POINT. THE CURRENT CONDITIONAL USE OF THE SITE WAS FIRST HEARD ON MARCH OF 2023, AND WAS SET TO EXPIRE ON OCTOBER 31ST OF THIS YEAR, AND THEY ARE ASKING TO REINSTATE THE CONDITIONAL USE WITHOUT AN EXPIRATION DATE. SO SOME BACKGROUND ON THIS BATCH PLANT. THE APPLICANT'S FIRST CONDITIONAL USE WAS IN 2021 FOR THEIR SITE ON WORTHINGTON ROAD, AND THEN IN 2022, THEY GOT ANOTHER CONDITIONAL USE FOR A SITE ON GORTON PARKWAY. AND I SAID BEFORE, THIS ALREADY EXISTS FROM THE CONDITIONS THEY GOT IN 2023. AND FOR A LITTLE BIT OF CONTEXT, THE CITY WOULD BENEFIT FROM HAVING THE BATCH PLANT AT THIS LOCATION BECAUSE IT WILL SIGNIFICANTLY REDUCE TRAFFIC TRUCK TRAFFIC BY HAVING A GENERAL BATCH PLANT IN THE CITY, VERSUS HAVING IT TRAVELING FROM OUTSIDE OF THE CITY AND BEING SO CLOSE TO THE BUSINESS PARK ALSO KIND OF HELPS WITH THAT SIDE OF THINGS.

AND AS THE CITY CONTINUES TO REQUIRE THE AVAILABILITY OF ACCESSIBLE CONCRETE FOR BOTH OUR PROJECTS AS WELL AS ANYTHING THAT DOESN'T HAVE THEIR OWN BATCH PLANT AT THE TIME. SO THE SITE PLAN SHOWN HERE IS THE SAME SETUP AS PREVIOUSLY APPROVED BY THE BOARD, AND THERE IS NO SUGGESTED CHANGES FROM THE APPLICANT. THE SITE IS CURRENTLY MEETING ALL SETBACKS. THERE IS A REAL WALL STATION PROVIDED ON THE PROPERTY, AND THE CITY HAS NOT RECEIVED ANY COMPLAINTS ABOUT THE CURRENT SITE AND HAS HAD NO RESPONSE TO ANY OF THE NOTIFICATIONS THAT WERE SENT OUT FOR THIS SPECIFIC MEETING. AND THESE ARE THE CONDITIONS SIMILAR TO THE ONES THAT WERE PUT INTO PLACE. THE ORIGINAL CONDITION USE IN MARCH OF 2023, AND I WILL JUST MAKE A CORRECTION FOR NUMBER THREE. IN THE STAFF REPORT. IT SAYS CURRENT USE SHOULD BE CURRENT USER CHANGES. AND I'M HERE IF YOU HAVE ANY QUESTIONS. SO THE APPLICANT DO I TAKE IT THERE'S NO ENGINEERING. JUST ONE CLARIFICATION KYLIE SAID THE BRISTOL PARKWAY BEING UNDER DESIGN. IT'S ACTUALLY UNDER CONSTRUCTION CURRENTLY OKAY. DO WE OFTEN GIVE CONDITIONAL USES ON SOMETHING LIKE THIS WITH NO TIME LIMIT? WE HAVEN'T IN THE PAST FOR BATCH PLANS, BUT WE HAVE FOR OTHER CONDITIONS. OKAY, THIS ONE WOULD BE A LITTLE BIT DIFFERENT BECAUSE EVEN THOUGH THERE'S A TIME LIMITATION, IT IS USER LIMITED. SO WHEN THE USER I.E. SAPKO CEASES OPERATIONS, THE BATCH, THE CONDITIONAL USE WOULD EXPIRE.

OKAY. AND LANDOWNER IS NO COMPANY OKAY. YEAH. PIGGYBACK ON THAT. SOME OF THE

[02:30:08]

TOM RUBY WITH NEW ALBANY COMPANYRE. THOUGHT I'D GIVE HIM A BREAK.

MARTY SAPKO, THE OPERATOR OF THE PROPERTY, IS ALSO HERE WITH US TONIGHT. ONE IMPORTANT THING I DID WANT TO HIGHLIGHT WHEN WE SPOKE BRIEFLY ABOUT BRISTOL PARKWAY. THIS USE HAS QUITE A BIT OF HISTORY. THIS IS ITS SECOND LOCATION IN NEW ALBANY. WHEN WE IDENTIFIED THIS SITE AND BUILT THE BATCH PLANT, FRISCO PARKWAY DIDN'T EXIST. SO WE'VE BEEN WORKING WITH THE CITY. WHEN THE IDEA OF BUILDING BRISTOL PARKWAY CAME ABOUT. SO THAT'S LAND THAT WAS DONATED TO THE CITY MADE A WHOLE LOT OF SENSE. AND HEY, BY THE WAY, THAT ROAD WAS BUILT IN CONJUNCTION WITH MR. SAPKO. SO IT HAS BEEN A AN INCREDIBLY BENEFICIAL RELATIONSHIP, NOT ONLY FOR THE NEW ALBANY COMPANY WITH SAPKO, BUT ALSO THE CITY. THE NUMBER OF PROJECTS THAT HE HAS BUILT OR THE SAPKO AND COMPANY INSTITUTION HAS HELPED BUILD IN THE BUSINESS CAMPUS.

IS IS TOO LONG TO MENTION HERE. IT HELPS US BOTH FINANCIALLY, AS A CITY, AS A DEVELOPER, IT ALSO HELPS GET TRAFFIC OFF OF THE ROADS. SO WE BELIEVE THIS IS AN IDEAL LOCATION FOR IT. AS AS WAS MENTIONED IN THE STAFF REPORT. WE THERE HAVE NOT BEEN COMPLAINTS BECAUSE OF THIS USE AND ITS LOCATION. THERE'S TIRE WASHING THERE. ALL THE THINGS THAT THAT NEED TO HAPPEN, LOTS OF EYES AND EARS ON THIS SITE, BUT IT IS IN THE MIDDLE OF AN INDUSTRIAL AREA. SO OUR REQUEST BEFORE YOU TONIGHT IS TO ELIMINATE THE TIME FRAME AND JUST HAVE A CONDITIONAL USE FOR THIS FOR THE FACILITY. THANK YOU. QUESTIONS? COMMENTS I THINK THINGS CHANGE OVER TIME AND THE LONGER YOU GO, THE MORE THE CHANGE HAPPENS. I THINK WE SHOULD HAVE A TIME. I DON'T THINK IT HAS TO BE EVERY YEAR, BUT IF IT'S A FIVE YEAR, TEN YEAR WINDOW JUST TO CHECK IN TO MAKE SURE THAT THE ENVIRONMENT, THE MACRO ENVIRONMENT HASN'T CHANGED, IT'S PROBABLY IN OUR BEST INTEREST. I WOULD I WOULD PROPOSE A CONDITION OF A FIVE YEAR TIMELINE ON IT FOR ABOUT A TEN YEAR TIME FRAME ON IT, OR 1033 OUT OF FIVE AND TEN. OKAY. THERE HAVE NOT BEEN COMPLAINTS.

I THINK THAT THAT WAS MY NUMBER ONE QUESTION THAT GOT ANSWERED BEFORE I ASKED IT. YEAH. YOU KNOW, AND I'M COMFORTABLE WITH TEN TO NEIL. IT WAS OUR SAME ISSUE RIGHT WHEN WE FIRST STARTED THIS RELATIONSHIP WITH MARTY AT THEIR SITE SOUTH OF 161 AND THEN NORTH OF 161. THIS ISN'T SOMETHING THAT THAT THAT IS EASY, RIGHT? REQUIRES A LOT OF EYES AND EARS, AS I SAID ON IT, TO MAKE SURE THAT IT'S OPERATING APPROPRIATELY. BUT I WE CAN AGREE TO A TEN YEAR CONDITION. BUT I THINK I'D LIKE TO ADD IN THERE THAT, THAT, THAT WHEN WE COME BACK IN TEN YEARS, THAT LOOK A RESPONSIBLE CONTRACTOR THAT'S TAKING CARE OF THE SITE AND TAKING CARE OF THE COMMUNITY IS IS REALLY THE BAROMETER HERE. ADJACENT USES, CLEAN ROADS. ALL OF THOSE THINGS ARE SO INTIMATELY FAMILIAR WITH AND WITHOUT THE INTENT TO STOP IT. RIGHT. BUT JUST I THINK CHECKS AND BALANCES ARE GOOD. OKAY, GOOD. OTHERS, ANYONE FROM THE PUBLIC WITH ANY QUESTIONS OR COMMENTS? I MOVE TO ACCEPT STAFF REPORTS AND RELATED DOCUMENTS IN THE RECORD FOR CONDITIONAL USE 7920 THAT NUMBER. RIGHT? OKAY, OKAY. 79 2025 FOR THE CONDITIONAL USE HERE. A SECOND FOR THE DOCUMENTS. SECOND. ANY DISCUSSION ON THE DOCUMENTS MOTION OKAY. THE ROLL PLEASE, MR. KIRBY? YES, MISS BRIGGS? YES. MR. WALLACE? YES, MR. LAWSON. YES. MR. SHOW. YES, YES. MOTION PASSES WITH ALL VOTES TO ADMIT THE DOCUMENT. DO I HEAR A MOTION FOR THE CONDITIONAL USE ITSELF? DO YOU WANT TO MOVE ON TO. MOTION FOR THOSE? NOT READY? THE MOTION TO APPROVE APPLICATION Q792025. BASED ON THE FINDINGS OF THE STAFF

[02:35:03]

THANK YOU. THANK YOU. ON WITH THE VOTE. YES. OKAY. MR. SCHELL. YES, YES. THE MOTION PASSES WITH ALL VOTES TO APPROVE THE CONDITIONAL USE. SUBJECT TO THIS CONDITION AND WITH THE CONDITIONS IN THE STAFF REPORT AND THE ADDITIONAL CONDITION OF A TEN YEAR EXPIRATION ON THE APPROVAL, DO WE HAVE OTHER BUSINESS? I'LL BE SENDING AROUND A QUORUM CALL, AN EARLY QUORUM CALL FOR THE DECEMBER MEETINGS, THE FIRST, AND MEETINGS ON THE FIRST AND 15TH OF DECEMBER. OKAY. IN DECEMBER. IN NOVEMBER. OKAY. WE WILL HAVE A MEETING IN NOVEMBER. JUST THE REGULAR MEETING. REGULAR MEETING NOVEMBER 2ND IN DECEMBER. I'LL CANCEL THE INFORMAL TOMORROW. GOTCHA. OKAY. OKAY. EXCELLENT. ANY OTHER OTHER BUSINESS? ALL RIGHT.

MEMBERS FOR COMMENT. NO COMMENTS. ALL RIGHT. THANKS, EVERYBODY. THANK YOU. NO

* This transcript was compiled from uncorrected Closed Captioning.