[I. Call to order]
          [00:00:08]
          ORDER THE PLANNING COMMISSION MEETING FOR MONDAY, MARCH 16TH, 2026, BEFORE WE CALL THE ROLL. 
          COULD WE HAVE THE SWEARING IN OF OUR NEW MEMBER, PLEASE? SWEARING IN FIRST AND THEN ROLL CALL. YES. LET'S DO IT. WELL, WE ARE SO EXCITED TO SWEAR IN OUR NEWEST MEMBER. DOCTOR TIGER, LET'S JUST SAY ONE MORE TIME. SHOULD I SAY IT RIGHT? TOTAL CYCLE. CYCLE CYCLE. YES. SO I'M GOING TO ADMINISTER THE OATH AND THEN WE CAN DO EVERYTHING. SHOULD WE JUST DO IT HERE? OKAY. 
          ALL RIGHT. SO. SO DO YOU SOLEMNLY SWEAR OR AFFIRM THAT YOU WILL SUPPORT THE CONSTITUTION OF THE UNITED STATES AND THE STATE OF THE OFFICE AND WILL OBEY THE LAWS THEREOF? YES. FURTHERMORE, WE UPHOLD AND ENFORCE THE PROVISIONS OF THE NEW ALBANY CHARTER AND ORDINANCES, AND FAITHFULLY DISCHARGE THE DUTIES OF THE NEW ALBANY PLANNING COMMISSION. YES. WELCOME TO PLANNING COMMISSION. THANK YOU. THANK YOU. THANK YOU. WE HEAR THE ROLL, PLEASE. MR. KIRBY. PRESENT. MR. WALLACE. PRESENT. MISS BRIGGS HERE. MR. LARSEN. 
          PRESENT. PRESENT. ALL VOTING MEMBERS. OH. COUNCIL MEMBER HERE. ALL VOTING MEMBERS ARE 
          [III. Action on minutes: January 21, 2026]
PRESENT. WE HAVE A QUORUM. THANK YOU. TAKES US TO ITEM THREE ON OUR AGENDA. ACTION ON THE MINUTES FROM JANUARY 21ST. ARE THERE ANY CORRECTIONS TO THE JANUARY 21ST MINUTES? NONE FOR ME. NO CORRECTIONS. DO I HEAR A MOTION FOR THE MINUTES? I'LL MOVE. I'LL MOVE TO APPROVE THE MINUTES FROM THE. WEDNESDAY. WEDNESDAY, JANUARY 21ST, 2026. MEETING. PLANNING COMMISSION MEETING. EXCUSE ME. DO I HEAR A SECOND? I'LL SECOND. ANY DISCUSSION ON THE MOTION ON THE MINUTES? GO TO THE ROLL, PLEASE, MISS BRIGGS. YES, MR. LARSEN. YES, MR. WALLACE. YES, DOCTOR. 
          YES, MR. KIRBY. ABSTAIN. I WAS NOT PRESENT. AYES HAVE IT. THE MOTION PASSES WITH FOUR VOTES TO APPROVE THE MINUTES. TAKES US TO ITEM FOUR. ADDITIONS OR CORRECTIONS TO THE AGENDA. DO WE HAVE ANY FROM STAFF AND FROM STAFF? OKAY. WOULD EVERYONE WISHING TO ADDRESS THE COMMISSION TONIGHT PLEASE RISE? DO YOU SWEAR TO TELL THE TRUTH AND NOTHING BUT THE TRUTH? THANK YOU. AND WHILE YOU'RE UP, EVERYONE CHECK YOUR PHONES AND PLEASE MAKE THEM SILENT. BRINGS 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 PROCEED ON TO OUR CASES. OUR FIRST ONE IS FINAL DEVELOPMENT PLAN 88 OF 2025 FOOD PANTRY. FINAL DEVELOPMENT PLAN. COULD WE HEAR FROM STAFF, PLEASE? YES. THANK YOU. THIS IS A FINAL DEVELOPMENT PLAN FOR A FOOD PANTRY AT 5220 JOHNSTOWN ROAD. IT IS LOCATED AT THIS PARCEL SHOWN ABOVE AS AN ACCESSORY USE TO THE NEW ALBANY PRESBYTERIAN CHURCH AND IT WILL BE ON THIS PORTION OF THE LOT THAT IS PROPOSED TO BE SPLIT. 
          FOR THE FINAL DEVELOPMENT PLAN PROCESS. THIS WENT TO THE ARCHITECTURAL REVIEW BOARD LAST WEEK AND THEY RECOMMENDED APPROVAL WITH CONDITIONS TO THE PLANNING COMMISSION. AND TONIGHT THE PLANNING COMMISSION WILL MAKE A FINAL ACTION ON THE FINAL DEVELOPMENT PLAN. THIS IS THE SITE PLAN WITH THE 8460 SQUARE FOOT FOOD PANTRY, WITH THE PARKING LOT TO THE REAR, WITH NO LIGHTS IN THE PARKING LOT. IT IS ACCESSED FROM A NEW CURB CUT RIGHT HERE ON HARLEM ROAD. VEHICLES GO PAST THE BUILDING INTO THE PARKING LOT. THERE WAS A TRAFFIC STUDY THAT WAS DONE AND REVIEWED BY OUR ENGINEERS. NO IMPROVEMENTS ARE NEEDED TO FACILITATE THIS SITE. 
          ADDITIONALLY, THERE IS A PEDESTRIAN TRAIL AROUND THE BUILDING AND ALONG THE FRONT. 
          THERE ALONG THE ROAD. THERE'S ALSO A SIDEWALK UP HERE THAT GOES TO THE BACK WHERE THE PARKING LOT IS, AND TO THE ENTRANCE OF THE BUILDING. THIS SITE IS ENCUMBERED BY A 120 FOOT PRIVATE UTILITY EASEMENT THAT'S SHOWN IN RED. HERE THERE ARE SPECIFIC SPECIFICATIONS SHOWN IN YELLOW FROM AUP, AND THE HIGHLIGHTED BLUE TEXT IS FROM THE ZONING TEXT, WHICH ACKNOWLEDGES THIS EASEMENT AND DOES NOT REQUIRE LANDSCAPING SCREENING. IN THIS EASEMENT. 
          LANDSCAPING IS SHOWN HERE WHERE POSSIBLE, INCLUDING AROUND THE PARKING LOT OUTSIDE OF THE EASEMENT TO SCREEN WHERE POSSIBLE, AND ON THE SIDES OF THE LOADING SPACE. THESE ARE THE EXISTING CONDITIONS OF THE SITE AND JAMES RIVER PARK, WHICH IS IMMEDIATELY TO THE WEST OF THE SITE. IN RESPONSE TO CONCERNS ABOUT LANDSCAPING, THE APPLICANT PROPOSES LANDSCAPING ON THE PARK TO HELP SCREEN THE PARKING LOT FROM RESIDENCES. AGAIN, LANDSCAPING 
          [00:05:03]
CANNOT BE LOCATED WITHIN THE PRIVATE UTILITY EASEMENT, BUT THIS ADDITIONAL LANDSCAPING HERE WILL HELP WITH SCREENING. THE CITY ARCHITECT REVIEWED AND ACKNOWLEDGED THAT THIS IS WELL DESIGNED AND HAD NO FURTHER COMMENTS, WHICH IS RARE AND DOES INDICATE STRONG ARCHITECTURE. IT ALIGNS WITH THE DESIGN GUIDELINES AND REQUIREMENTS, AND THE ELEVATIONS INCLUDE FORMAL CEMETERY ENTRANCES WITH PEDIMENT AND TABULATURE, PILASTERS AND A GABLE ROOF LINE AND DORMER, ALL OF WHICH ARE CHARACTER DEFINING FEATURES OF AMERICAN GEORGIAN ARCHITECTURE. THESE ARE THE SIDE ELEVATIONS, AND THESE ARE SOME RENDERINGS, AND YOU CAN SEE THE MATERIALS AND HOW THIS MATCHES PART OF THE EXISTING CHURCH, OF WHICH THIS IS AN ACCESSORY USE. THERE ARE THREE SIGNS PROPOSED. THE WALL SIGN ON THE TOP AND THE PLAQUE ARE GOING TO BE ON THE WEST ELEVATION, WHERE THE PARKING LOT AND ENTRANCE ARE, AND THAT DUAL POST SIGN WILL BE NEAR THE VEHICULAR ENTRANCE TO THE SITE. IN SUMMARY, THIS BUILDING HAS STRONG ARCHITECTURAL FEATURES THAT THE ARCHITECTURAL REVIEW BOARD HAS RECOMMENDED APPROVAL WITH CONDITIONS FOR. THERE IS SIGNAGE THAT IS PROPOSED AND THE LANDSCAPING DOES MEET REQUIREMENTS, INCLUDING IN CONTEXT OF THAT ZONING TAX REGULATION WHERE LANDSCAPING IS NOT REQUIRED IN THE EASEMENT. AGAIN, THE TRAFFIC ACCESS STUDY FOUND THAT NO IMPROVEMENTS TO HARLEM ROAD ARE NEEDED TO FACILITATE THE SITE. THERE ARE SEVEN CONDITIONS OF APPROVAL AS ADJUSTED OR ADDED BY THE ARCHITECTURAL REVIEW BOARD AS WELL, AND I AM HERE TO ANSWER ANY QUESTIONS, AS IS THE APPLICANT, ANY ENGINEERING? YES, WE HAVE A FEW COMMENTS JUST BASED ON THE TERM WARRANT ANALYSIS CONDUCTED IN THE STUDY. 
          NEITHER A RIGHT TURN LANE NOR A LEFT TURN LANE IS WARRANTED FOR THE PROPOSED SITE WITH HARLEM ROAD, THE TRAFFIC STUDY SUGGESTS ONLY ONE FULL MOVEMENT SITE DRIVEWAY ON HARLEM ROAD, AS INDICATED IN THE MOU. THANK YOU. CAN WE HEAR FROM THE APPLICANT? YEAH. TODD PARKER WITH A FIVE DESIGN ARCHITECT FOR THE FOOD PANTRY. REALLY DON'T HAVE ANYTHING TO ADD OTHER THAN WE DID RECEIVE PRELIMINARY APPROVAL FROM NEW ALBANY COMPANY DESIGN REVIEW ON THE SITE AND THE STRUCTURE ITSELF. THE ONLY COMMENTS THEY HAD WERE SUBMIT FINAL LANDSCAPE PLAN AND FINAL SIGNAGE INFORMATION, WHICH WE REDUCED THE SIZE OF SOME SIGNAGE PER THEIR REQUEST. SO I'D LIKE TO TURN IT OVER TO RACHEL HOWE FROM HEALTHY NEW ALBANY TO TALK ABOUT THE PANTRY AND ITS PROCESSES IN USE. CAN I HAVE A QUICK QUESTION? FIRST, DO YOU HAVE ANY CONFLICT WITH THE CONDITIONS IN THE STAFF REPORT? I DO NOT, THANK YOU. GO AHEAD. 
          THANK YOU. GOOD EVENING. MY NAME IS RACHEL HAWKE AND I AM THE EXECUTIVE DIRECTOR OF HEALTHY NEW ALBANY. TODD DID A WONDERFUL JOB OF ADDRESSING ANY OF THE ARCHITECTURE AND PHYSICAL STRUCTURE, BUT I'D LIKE TO DO IS TAKE A MOMENT TO TALK ABOUT WHAT THOSE WALLS WILL MEAN FOR OUR COMMUNITY. FIRST, I WANT TO MAKE SOMETHING SUPER CLEAR. THERE HAS BEEN A LOT OF TALK ABOUT A NEW PANTRY, AND WHILE THIS IS CERTAINLY A NEW BUILDING, IT IS NOT A NEW SERVICE IN NEW ALBANY. THE HEALTHY NEW ALBANY FOOD PANTRY HAS BEEN SERVING FAMILIES IN THIS COMMUNITY FOR MANY YEARS UNDER DIFFERENT NAMES AND WE ARE CURRENTLY. WE ARE CURRENTLY LOCATED AT THE NEW ALBANY SCHOOLS ANNEX BUILDING AND HAVE BEEN OPERATING THERE SINCE ABOUT 2017. WHAT WE ARE PROPOSING IS SIMPLY A RELOCATION OF A SERVICE THAT ALREADY EXISTS. APPROVING THIS PROJECT WOULD ALLOW THE PANTRY TO CONTINUE SERVING THIS COMMUNITY IN A MORE DIGNIFIED AND EFFICIENT WAY. DENYING THIS PROJECT COULD ULTIMATELY MEAN LOSING A SERVICE THAT CURRENTLY SUPPORTS HUNDREDS OF FAMILIES IN NEW ALBANY. WITH THAT SAID, I'D LIKE TO SHARE A LITTLE BIT ABOUT WHAT WE DO AND WHO WE SERVE. THE NEW ALBANY FOOD PANTRY IS A MID-OHIO FOOD COLLECTIVE PARTNER AGENCY AND PART OF A NETWORK OF SUBURBAN FOOD PANTRIES. BECAUSE OF THAT, WE SERVE A VERY SPECIFIC GEOGRAPHIC AREA. RESIDENTS OF THE NEW ALBANY PLAIN LOCAL SCHOOL DISTRICT, PEOPLE WHO LIVE IN THE 43054 ZIP CODE, AND EMPLOYEES OF THE NEW ALBANY PLAIN LOCAL SCHOOL DISTRICT. IN OTHER WORDS, THE HEALTHY NEW ALBANY FOOD PANTRY IS SERVING OUR NEIGHBORS. THESE ARE PEOPLE WHO LIVE IN THIS TOWN AND PEOPLE WHO WORK IN THE SCHOOLS. IN JANUARY AND FEBRUARY OF THIS YEAR, 10.6% OF THE PEOPLE WE SERVE WERE SENIOR CITIZENS. MANY OF THEM ARE LIVING, LIVING ON FIXED INCOMES AND FACING THE RISING COST OF LIVING IN THIS AREA. IN THE SAME TIME, 39% OF THE NEIGHBORS WE SERVED WERE UNDER THE AGE OF 18. NEARLY 40% OF THE PEOPLE SERVED BY THE PANTRY ARE CHILDREN. A LESSER KNOWN FACT IS, 15% OF THE STUDENTS OF THE NEW ALBANY LOCAL SCHOOL DISTRICT QUALIFY FOR FREE AND REDUCED LUNCH. ONE OF THE WAYS THAT WE SUPPORT THIS COMMUNITY IS BY HELPING ENSURE THE FAMILIES OF THOSE STUDENTS HAVE CONSISTENT ACCESS TO FOOD. I ALSO THINK THERE IS 
          [00:10:03]
SOMETIMES A MISCONCEPTION ABOUT WHY A PERSON MIGHT BE VISITING A FOOD PANTRY. MANY OF OUR CLIENTS ARE SENIOR CITIZENS WHO HAVE LIVED IN NEW ALBANY FOR MANY YEARS, AND WHO ARE NOW LIVING ON FIXED INCOME, AND AS THE COST OF LIVING RISES, SOME OF THEM ARE TURNING TO THE PANTRY FOR THE FIRST TIME. WE ALSO SEE FAMILIES WHO HAVE MISSED WORK BECAUSE OF ILLNESS. 
          A RECENT PANTRY VISITOR SHARED THE CHALLENGE OF MISSING WORK TO BE AT THE HOSPITAL WHEN THEIR CHILD WAS FACING HEALTH ISSUES, JUST A FEW MISSED SHIFTS WHILE CARING FOR FAMILY CAN QUICKLY CREATE A FINANCIAL STRAIN, SOME FAMILIES ARE NAVIGATING DIFFICULT LIFE TRANSITIONS, DIVORCE, LOSS OF A JOB, OR THE DEATH OF A LOVED ONE THAT CHANGES HOUSEHOLD INCOMES. SOME FAMILIES SHOP AT THE PANTRY EVERY TIME WE'RE OPEN. SOME COME THE LAST WEEK OF THE MONTH AS THEY STRETCH THEIR MONTHLY INCOME, AND SOME COME ONCE AND WE NEVER SEE THEM AGAIN. WHEN THE PANTRY MOVED INTO THE ANNEX BUILDING ABOUT NINE YEARS AGO, WE WERE SERVING AROUND 25 FAMILIES. IN 2025, WE SERVED 450 UNIQUE FAMILIES. THE ANNEX BUILDING WAS NEVER DESIGNED TO OPERATE AS A FOOD PANTRY. IT IS AN OLD SCHOOL, AND WHILE IT HAS BEEN A GREAT HOME AND WE ARE INCREDIBLY GRATEFUL FOR THE SCHOOL DISTRICT, WE HAVE SIMPLY OUTGROWN THAT SPACE. IN ADDITION, IT CREATES A NUMBER OF OPERATIONAL CHALLENGES. FOR EXAMPLE, ALL OF OUR STORAGE IS ON THE SECOND FLOOR, AND BECAUSE THERE'S NO ELEVATOR, WE ALL THE FOOD THAT COMES IN OR MOST OF THE FOOD THAT COMES IN MUST BE CARRIED UP THE STAIRS AND CARRIED BACK DOWN. AFTER IT'S SORTED AND INVENTORIED. OUR TEAM HAS BEEN INCREASING, HAS BECOME INCREDIBLY CREATIVE AND RESOURCEFUL TODAY. CANNED GOODS, DRIED BEANS, LENTILS ARE BEING STORED IN THE LOCKERS THAT LINE THE UPSTAIRS HALLWAY. THIS IS NOT SUSTAINABLE. AND AS WE AS WE RISE TO MEET THE GROWING NEEDS OF THIS COMMUNITY, BECAUSE OF THESE LIMITATIONS, OUR BOARD AND STAFF HAVE BEEN HAVE SPENT MANY YEARS SEARCHING FOR A PERMANENT HOME, BUT HAS BEEN EXTREMELY DIFFICULT TO FIND A LOCATION IN TOWN THAT IS AFFORDABLE AND MEETS OUR OPERATIONAL NEEDS. WHEN THE SCHOOL DISTRICT NOTIFIED US THAT THEY HAD FUTURE PLANS FOR THE ANNEX BUILDING, IT INCREASED THE URGENCY FOR US TO FIND A NEW SPACE ROSE RUN PRESBYTERIAN COMING FORWARD WITH A GIFT OF VIRTUALLY FREE LAND SO CLOSE TO OUR CURRENT LOCATION IS TRULY A GIFT TO THE PANTRY AND TO THE COMMUNITY OF NEW ALBANY. THE PHRASE IT TAKES A VILLAGE IS PROBABLY THE BEST WAY TO DESCRIBE HOW THE PANTRY OPERATES. LAST YEAR ALONE, 413 VOLUNTEERS SUPPORTED THE PANTRY, DONATING OVER 5400 HOURS OF TIME TO MAKE THE OPERATIONS WORK. THEY UNLOADED TRUCKS. THEY SORTED INVENTORY. THEY CLEANED. THEY HELPED NEIGHBORS NAVIGATE WHILE THE PANTRY WHILE THEY SHOPPED. MANY OF THEM ARE HERE TONIGHT. NOT ALL. 413, ALONG WITH MEMBERS OF OUR BOARD OF DIRECTORS AND CURRENT AND FORMER STAFF. AS FAR AS OPERATIONS GO, THE PANTRY FUNCTIONS ON A SCHEDULED APPOINTMENT SYSTEM. WE SCHEDULE NO MORE THAN 4 TO 5 FAMILIES EVERY 20 MINUTES, WHICH MEANS WE NEVER HAVE MORE THAN ABOUT 20 FAMILIES SHOPPING IN ANY GIVEN HOUR. BECAUSE OF THIS STRUCTURE, THE PANTRY DOES NOT GENERATE A SIGNIFICANT AMOUNT OF TRAFFIC. AND IMPORTANTLY, THIS IS EXACTLY HOW WE OPERATE TODAY AND CAN BE OBSERVED. I'VE ALSO HEARD CONCERNS ABOUT ACCESS TO PUBLIC TRANSPORTATION. 
          OUR CURRENT LOCATION IS NOT ON A BUS LINE, AND MOST PANTRY CLIENTS USE THEIR OWN TRANSPORTATION IF APPROVED. INSTEAD OF DRIVING TO THE ANNEX BUILDING PANTRY VISITORS WILL SIMPLY DRIVE 2.1 MILES DOWN THE ROAD TO THE NEW LOCATION. THE FOOD THAT STOCKS THE PANTRY SHELVES COMES FROM THREE SOURCES THE COMMUNITY DONATIONS AND FOOD DRIVES, MID-OHIO FOOD COLLECTIVE AND FOOD RESCUE PROGRAMS AND PURCHASES FROM LOCAL GROCERY STORES. NONE OF THIS FOOD ARRIVES ON A SEMI TRUCK. MOST OF IT IS. MOST OF IT IS TRANSPORTED EITHER IN PERSONAL VEHICLES OR IN THE SMALL BOX TRUCK THAT WE OWN. IF YOU'VE DRIVEN DOWN HIGH STREET RECENTLY, YOU'VE PROBABLY SEEN THAT TRUCK PARKED IN THE PARKING LOT RIGHT BY THE ANNEX BUILDING. THAT IS THE SAME TRUCK WE WILL USE TO TRANSPORT FOOD IN THIS NEW FACILITY. OUR CURRENT HOURS ARE LIMITED BECAUSE WE OPERATE IN A SCHOOL BUILDING. WE CANNOT SERVE CLIENTS WHILE SCHOOL IS IN SESSION. SO WE ARE CURRENTLY OPEN WEDNESDAY, THURSDAY AND FRIDAYS FROM 345 TO 7 P.M. AND SATURDAY MORNINGS. IN THIS NEW BUILDING, WE ANTICIPATE THAT THOSE HOURS WILL CHANGE AND WE WILL BE ABLE TO TRANSITION MANY OF THOSE HOURS TO DURING THE DAYTIME, WHICH WOULD BETTER SERVE SENIORS, SECOND SHIFT WORKERS AND FAMILIES WITH BUSY SCHEDULES. ANOTHER MISCONCEPTION I WANT TO CLARIFY IS ZONING. WE ARE NOT REQUESTING A COMMERCIAL ZONING CHANGE UNDER THE EXISTING ZONING OF THE CHURCH PROPERTY. 
          A FOOD PANTRY IS ALREADY A PERMITTED USE. FINALLY, I WANT TO REITERATE THAT WE ARE 
          [00:15:07]
COMMITTED TO BEING GOOD NEIGHBORS IN ALL THE WAYS POSSIBLE. WHEN SOME FOLKS FROM THE NEIGHBORHOOD BEHIND THE PROPOSED PANTRY LOCATION RAISED CONCERNS ABOUT HEADLIGHTS FROM THE PARKING LOT DURING THE ARCHITECTURE REVIEW BOARD PROCESS, WE WORKED WITH THE CITY AND THOSE NEIGHBORS TO FIND A SOLUTION. WE'VE COMMITTED TO PLANNING ADDITIONAL SCREENING TREES ON THE CITY PARK PROPERTY BEHIND THE PANTRY, AND THE CITY HAS AGREED TO MAINTAIN THOSE TREES. IN CLOSING, THIS PROJECT SIMPLY ALLOWS AN EXISTING COMMUNITY SERVICE TO CONTINUE OPERATING AND TO OPERATE MORE EFFICIENTLY. IT WILL ALLOW US TO BETTER SERVE THE HUNDREDS OF FAMILIES IN OUR COMMUNITY WHO RELY ON THE PANTRY. WITHOUT THIS PROJECT, THAT SERVICE COULD BE AT RISK, AND FAMILIES IN NEW ALBANY MAY HAVE TO LEAVE THE COMMUNITY TO SEEK FOOD ASSISTANCE ELSEWHERE. WITH THAT SAID, I RESPECTFULLY ASK YOU TO APPROVE THIS PROJECT AND ALLOW US TO MOVE FORWARD. THANK YOU. YOU'RE WELCOME. QUESTIONS FROM THE COMMISSION. I'D LIKE TO EMPHASIZE THE. BE CAREFUL WITH CRANES IN THE EASEMENT. THAT'S A SERIOUS CONCERN, AND PARTICULARLY IN WET WEATHER, THAT A WET CRANE IN THE EASEMENT IS PROBABLY NOT A GOOD IDEA. MY BACKGROUND IS ELECTRICAL ENGINEERING AND AEP IS CAUTION HIT HOME. LET'S SEE. I HAVE A MINOR FIX. I'D LIKE FOR CONDITION THREE IN. THE STAFF REPORT SAYS THE EXTERNAL SIGN LIGHTS WILL BE REDUCED TO LESS THAN 5000 DEGREES KELVIN, WHICH IS 5000 KELVIN. BUT WE KNOW IT'S DEGREES. CAN WE PUT THE WORDS, THE COLOR TEMPERATURE OF THE. THAT'S WHAT WE'RE REALLY MEASURING IS THE COLOR TEMPERATURE AS OPPOSED TO THE SURFACE TEMPERATURE OR ANYTHING ELSE. WE CAN DO THAT. THANK YOU. NEIL. I HAD A COUPLE YEAH. COMMENTS. FIRST OF ALL, IN THE STATEMENT FROM THE CITY ATTORNEY, I JUST WANT TO MAKE IT CLEAR THAT THERE'S A REFERENCE TO THE PROPERTY BEING OWNED BY THE NEW ALBANY PRESBYTERIAN CHURCH, BUT IT SHOULD BE THE ROSE RUN PRESBYTERIAN CHURCH, JUST FOR CLARITY. THERE'S NO CONFUSION DOWN THE ROAD. QUICK QUESTION FOR THE APPLICANT. HOW IS THE COMMITMENT TO MAINTAIN THE SCREENING IN THE PARK? OR MAYBE THIS IS FOR STAFF. HOW IS THAT COMMITMENT TO GOING TO BE ENFORCED? I DON'T BELIEVE IT'S CURRENTLY IN THE TEXT, SO I GUESS IT WOULD BE PART OF THE FINAL DEVELOPMENT PLAN. AND CAN A COMMITMENT MADE IN THE FINAL DEVELOPMENT PLAN RELATING TO PROPERTY THAT'S NOT WITHIN THE PROPERTY THAT'S BEING ON WHICH THE PLANS ARE GOING TO BE BUILT? HOW IS THAT GOING TO BE ENFORCED AND CAN IT BE ENFORCED? SO YEAH, THE CITY I MIGHT NEED BEN TO TAG IN ON THE SECOND PART OF THE QUESTION, BUT THE CITY HAS WORKED WITH THE APPLICANT, THE FOOD PANTRY, TO FOOD PANTRIES AND TO PURCHASE THOSE PLANT MATERIALS. AND WE WILL COMMIT TO ONGOING MAINTENANCE OF THEM. SO ONCE THEY'RE INSTALLED, THEY'LL JUST BE LOOPED INTO THAT REGULAR ONGOING MAINTENANCE THAT ANY LANDSCAPING IS SUBJECT TO AND CITY OWNED PROPERTY. SO THAT PROCESS, WE DID ADD THAT CONDITION OF APPROVAL, NUMBER SEVEN THERE TO KIND OF COVER THAT, THAT AGREEMENT BETWEEN THE CITY AND THE APPLICANT. AND WE FEEL COMFORTABLE WITH THAT. OKAY. YEAH. AND I THINK CHRIS IS RIGHT. I WASN'T PART OF THE DISCUSSIONS NECESSARILY, BUT THE AGREEMENT IS FOR THEM TO PUT IT IN THERE. AND THEN ONCE THEY'RE IN WITH ALL THE OTHER CITY LANDSCAPING ON CITY PROPERTY AROUND THE PARK, THEN IT BECOMES THE CITY'S RESPONSIBILITY. OKAY. THANK YOU. 
          DAVE, ARE YOU DONE? GO AHEAD. SO I HAD JUST A QUICK CLARIFICATION, BUT I THINK I JUST ANSWERED IT. SO CONDITION IN OUR REPORT, THERE'S ONLY FIVE CONDITIONS, BUT IT LOOKS LIKE THE ADDITIONAL 2 OR 6 AND SEVEN DURING THE ARB MEETING. IS THAT CORRECT. YEAH. THEY ADDED THOSE ON AND THEY ALSO CHANGED CONDITION NUMBER THREE TO BE 3000 KELVIN 5000. SO WE CAN EDIT THAT TO SAY COLOR TEMPERATURE. OKAY, GREAT. THANK YOU. I HAVE ONE QUESTION. SO AROUND THE LOADING AREA THERE IS ENOUGH TURNING RADIUS FOR THE BOX TRUCK TO COMPLETELY TURN AND EGRESS FROM FRONT. YES. IT'S NOT A LARGE TRUCK. THAT'S WHY THE DRIVEWAY IS WIDER AS YOU COME IN THAN IT NORMALLY WOULD BE. SO SUFFICIENT. THERE'S IN THE PACKAGE, THERE'S A OUR CIVIL ENGINEER WHO IS HERE PUT TOGETHER LIKE THE FIRE TRUCK TURNING RADIUS ACCESS DIAGRAM THAT'S IN ONE OF OUR SHEETS IN THERE. SO OKAY, THANK YOU THERE BOX TRUCK IS SMALLER THAN A LARGE FIRE TRUCK. OKAY, TODD, ONE OTHER QUICK QUESTION. AND THIS IS PROBABLY JUST A MINOR THING, BUT I NOTED WHEN I LOOKED AT THE, THE EXTERIOR ELEVATIONS THAT THE MAIN, THE 
          [00:20:05]
DOOR LOOKS LIKE THE MAIN ENTRANCE IS ACTUALLY NOT THE MAIN ENTRANCE. IT'S OFF TO THE SIDE. THERE IS A SMALL SIGN THAT'S GOING TO BE NEXT TO THAT ENTRANCE, BUT IS THERE A WAY? AND I DON'T KNOW THAT THERE'S ANY BETTER SIGNAGE THAN THAT, BUT I SUSPECT THERE'S GOING TO BE SOME CONFUSION BY FOLKS AS THEY COME IN AND TRY TO GO INTO THE FRONT, THE FRONT DOOR, SO TO SPEAK. WE DID HAVE THAT DISCUSSION WITH ARB AND AND THE REASON WE HAVE THE SIGNAGE PROPOSED IS THAT'S THE LIMIT, YOU KNOW, WITHOUT OBTAINING ANY VARIANCES. AND WE DISCUSSED WITH ARB THAT, YOU KNOW, IF WE WERE PRESSED ON IT AND IT CAME TO LIGHT, WE WOULD GO BACK TO ARB FOR A VARIANCE FOR THE EXTRA ADDITIONAL SIGNAGE. I MEAN, I SUPPOSE YOU COULD USE SOME SORT OF TEMPORARY SIGNAGE OR SOMETHING. AND I THINK ONCE THE PANTRY VISITORS ON A REGULAR BASIS GET USED TO IT, IT'LL BE PRETTY OBVIOUS. SO IT'S GOING TO BE A LITTLE CONFUSION PROBABLY FIRST. YEAH, THERE'S SO MANY DOORS ON THE BUILDING. IT'S LIKE THE POST OFFICE WHEN EVERYBODY TRIES TO GO IN THAT FRONT DOOR. QUICK QUESTION FOR STAFF. I NOTICED THAT IN THE TRAFFIC STUDY, THERE WAS AN ASSUMPTION AS TO THE TYPE OF FACILITY WAS GOING TO BE. I THINK IT WAS. IT'S RIGHT HERE. VARIETY STORE IS THE SORT OF THE ASSUMED USAGE. 
          AND I WAS WONDERING IF THERE ARE OTHER ASSUMED USAGES THAT WOULD RESULT IN EITHER A REQUIREMENT FOR MORE PARKING OR POTENTIALLY LESS PARKING. AND I GUESS WHAT I'M ASKING IS WHAT WAS THE BASIS FOR CHOOSING VARIETY VARIETY STORE OVER SOME OTHER TYPE OF USAGE THAT MIGHT DRIVE A DIFFERENT PARKING REQUIREMENT? OKAY, SO WE, WE WORK WITH, WE WORK CLOSELY WITH THE CITY TRAFFIC ENGINEER TO DEVELOP A MEMORANDUM OF UNDERSTANDING BEFORE TRAFFIC STUDY IS COMPLETED. AND OFTENTIMES THERE AREN'T, THERE AREN'T ALWAYS EXACT USES THAT ARE CODED IN CERTAIN WAYS. SO THE TRAFFIC STUDY TO CAPTURE EACH INDIVIDUAL USE CASE SO THEY PICK THE NEXT CLOSEST USE THAT WOULD BE APPLICABLE. AND USUALLY THAT USE IS MORE IT IS A MORE CONSERVATIVE BENCHMARK THAT THEY USE, WHICH WOULD GIVE YOU LIKE MORE OF LIKE A WORST CASE SCENARIO. SO MORE CONSERVATIVE THEN WOULD MEAN MORE PARKING SPACES, CORRECT? YES. YEP, YEP. SO YEAH, I'M SURE WITHOUT HAVING THE CITY TRAFFIC ENGINEER HERE, I'M SPEAKING A LITTLE BIT OFF OF MY OWN, JUST MY LIMITED EXPERIENCE WITH IT HERE AT THE CITY. BUT THAT'S THE PROCESS THAT WE TYPICALLY FOLLOW. ONE OTHER QUESTION ABOUT THE PARKING OR THE TRAFFIC STUDY. IS THERE SUFFICIENT RIGHT OF WAY IF IT TURNS OUT THAT SOME SORT OF A WRITE IN OR LEFT TURN LANE WOULD BE REQUIRED DOWN THE ROAD, I WOULD HAVE TO LOOK AT THAT. I DON'T KNOW IF THERE'S ANY RIGHT OF WAY DEDICATION REQUIREMENTS, LAUREN WITH THE FTP, BUT I'M ASSUMING WE GOT THAT ALL IN. THE CHURCH WAS ORIGINALLY DEVELOPED. NOT THAT I'M AWARE OF, BUT WE CAN DOUBLE CHECK THAT WHILE YOU'RE TALKING. SORRY, WE CAN DOUBLE CHECK THAT RIGHT NOW WHILE YOU'RE TALKING. I THINK THAT'S ALL I HAD. SO I GOT A QUESTION FOR STEF. I JUST CAUGHT IT THAT IN THE REVISIONS HERE, WE WENT FROM 5000 K TO THREE TO BELOW 3000. CAN I ASK WHY? THAT'S KIND OF READ. THE ARCHITECTURAL REVIEW BOARD RECOMMENDED THAT CHANGE BE MADE. 
          I THINK FOR THE SAME REASON OF THE TEMPERATURE, THE COLOR. I CAN UNDERSTAND GETTING IT BELOW 5000, BUT GETTING IT BELOW 3000 IS NO. I MEAN, WE CAN CHANGE IT BACK OR. 5000 IS BORDERLINE BLUE, REALLY WHITE DAYLIGHT 4000 SOMETHING IS TYPICAL INCANDESCENT WARM I BELIEVE 4000, 4200 SOMETHING LIKE THAT. PARDON ME. 4500. OH, OKAY. 3000 IS PRETTY STANDARD FOR THAT IS GOING TO BE 527 OKAY. I MAY HAVE BEEN OFF MY NUMBER DOING IT OFF THE TOP OF MY HEAD. JUST CATCHING IT THERE. I'M A PHOTOGRAPHER AND I DON'T HAVE IT MEMORIZED. SECOND 105,000. 
          OKAY, OKAY. THANK YOU. OTHER QUESTIONS I'LL NEVER GET IN THE RECORD, BUT. WE HAD INPUT FROM THE AUDIENCE REGARDING KELVIN TEMPERATURES AND WHAT THE RANGE IN TYPICAL LIGHTING IS GOING AS LOW AS 2700 K. THERE IS A REASONABLE SUMMATION OF WHAT AT LEAST WHAT I HEARD, AND I GUESS LET THE RECORD REFLECT THAT NEIL WAS SATISFIED WITH THE RESPONSE. I ALSO VERIFIED THAT WE HAVE 60FT OF EXISTING RIGHT OF WAY ALONG HARLEM ROAD, WHICH IS PLENTY FOR THAT ROADWAY TYPOLOGY. YEAH. OKAY. I THINK WE'RE DUE SPEAKER CARDS WE HAVE. MR. CHAIRMAN, I HAVE SEVERAL 
          [00:25:02]
SPEAKER CARDS. FIRST ONE IS FROM VAL ROBINSON. IF YOU WOULD COME UP TO THE MIC AND LET US KNOW WHAT'S ON YOUR MIND. HI. GOOD EVENING. MY NAME IS BOB ROBINSON AND I'VE BEEN A VOLUNTEER FOR THE NEW ALBANY FOOD PANTRY OVER THE LAST SIX YEARS. AND DURING THAT TIME, I'VE WITNESSED AN INCREASE, VAST INCREASE IN THE NUMBER OF CLIENTS THAT ARE COMING EVERY OTHER WEEK TO OUR FOOD PANTRY. AS RACHEL TOLD YOU IN OUR NUMBERS, IT'S VERY CLEAR THAT OUR NUMBERS ARE INCREASING AND WE HAVE OUTGROWN OUR BUILDING. I'M ALSO A MEMBER OF THE ROSEBUD PRESBYTERIAN CHURCH, AND ONE OF OUR MISSIONS IS TO HELP WITH FOOD INSECURITIES IN OUR COMMUNITY. WE CURRENTLY HELP. THIS IS OUR THIRD SCHOOL YEAR IN A ROW OF HELPING WITH FOOD INSECURITIES TO OUR SCHOOL CHILDREN AT THE WEEKEND BY PROVIDING FOOD BAGS TO THEM EVERY WEEKEND DURING THE SCHOOL YEAR. IT'S OUR HONOR AS A CHURCH TO BE PART OF A CHURCH THAT'S HELPING THE FOOD PANTRY AND HELPING WITH THE ENHANCE ITS MISSION. SO WE HOPE TOO, THAT YOU WILL VOTE YES FOR THE NEW FOOD PANTRY. THANK YOU, THANK YOU. MARK KOENIG. GOOD EVENING. MY NAME IS MARK KOENIG. I'M A MEMBER OF SESSION, WHICH IS EFFECTIVELY THE BOARD OF DIRECTORS OF ROSE RUN PRESBYTERIAN CHURCH. I'VE BEEN ASKED TO SHARE A FEW THOUGHTS WITH YOU THIS EVENING ABOUT THE PROPOSED USE OF PART OF OUR PROPERTY. PROVIDE A NEW HOME FOR THE HEALTHY NEW ALBANY FOOD PANTRY. FIRST, OUR CONGREGATION IS EXTREMELY EXCITED ABOUT THE POTENTIAL TO BE ABLE TO LEASE LAND TO THE FOOD PANTRY FOR OUR BYLAWS. THIS TYPE OF DECISION HAS TO BE APPROVED BY BOTH THE SESSION AND MEMBERSHIP AS A WHOLE. BOTH BODIES APPROVE THIS PROPOSAL UNANIMOUSLY. THAT UNANIMOUS SUPPORT IS BASED ON A COUPLE OF FACTS. FIRST, IT'S THE RIGHT THING TO DO. SECOND, AS VAL JUST MENTIONED, IT IS VERY ALIGNED WITH OUR CHURCH MINISTRY MINISTRY, WHERE WE HAVE PARTNERED WITH ORGANIZATIONS WITHIN NEW ALBANY AND COLUMBUS, INCLUDING THE FOOD PANTRY, TO HELP ACHIEVE THE GOAL OF PROVIDING BASIC NEEDS FOR CHILDREN AND THEIR FAMILIES. AS PART OF THAT MINISTRY, WE HAVE THE WEEKEND FOOD PROGRAM, WHERE WE PROVIDE MEALS TO STUDENTS WITH FOOD INSECURITIES IN THE NEW ALBANY INTERMEDIATE SCHOOL AND THE NEW ALBANY MIDDLE SCHOOL EACH WEEKEND DURING THE SCHOOL YEAR, WE ALSO HAVE THE SUNNY DAY PROJECT, WHERE WE PROVIDE PERSONAL CARE AND OTHER SUPPLIES TO NEW ALBANY HIGH SCHOOL, NEW ALBANY MIDDLE SCHOOL, AND AVONDALE ELEMENTARY IN COLUMBUS. THERE ARE OTHER PARTS OF THIS PROPOSAL THAT MAKE SENSE. BY HAVING A BUILDING ON OUR PART OF THE PROPERTY, THE FOOD PANTRY CAN LEVERAGE OUR CENTRALIZED LOCATION. THAT LOCATION IS IDEAL BECAUSE WE ARE WITHIN ABOUT TWO MILES OF AT LEAST SIX OTHER PLACES OF WORSHIP. MOST OF ALL, MOST, ALL, MOST, OR ALL OF WHOM ALSO WORK WITH THE FOOD PANTRY ONE WAY OR ANOTHER. IT IS ALSO HELPFUL THAT A FOOD PANTRY IS EXPLICITLY CALLED OUT AS AN APPROVED USE OF OUR PROPERTY AND OUR ZONING DOCUMENTS, SO THERE IS NO NEED FOR ANY ZONING CHANGES. WITH A 50 YEAR LEASE FOR $1 PER YEAR, WHICH IS TYPICAL IN THESE TYPE OF RELATIONSHIPS, WE CAN PROVIDE AMPLE ACREAGE TO THE FOOD PANTRY FOR THE LONG TERM AT NO COST. FINALLY, BY DOING A SIMPLE LOT SPLIT, WE CAN ENSURE THAT THE FOOD PANTRIES COST OF UTILITIES AND PROPERTY MANAGEMENT WILL BE PAID FOR BY THE FOOD PANTRY, SO AS NOT TO CREATE A FINANCIAL BURDEN ON THE CHURCH. WE ARE VERY APPRECIATIVE OF YOUR ATTENTION TO THIS MATTER. WE ARE EXCITED TO HOPEFULLY GET THIS PROJECT UNDERWAY AND HELP THE NEW ALBANY FOOD PANTRY CONTINUE THEIR VERY IMPORTANT MISSION SUPPORTING OUR NEIGHBORS. THANK YOU. NEXT, WE HAVE HANSEL. GOOD EVENING, COMMISSION MEMBERS. WELCOME. THANK YOU FOR YOUR TIME TONIGHT. I'LL BE BRIEF ON SHOW PLAIN TOWNSHIP TRUSTEE. AND I'M HERE TONIGHT IN SUPPORT OF THE FOOD PANTRY. WHEN MY SON ANDREW WAS A SENIOR AT NEW ALBANY, HE DID HIS SENIOR SEMINAR WITH HEALTHY NEW ALBANY AND THE FOOD PANTRY. SO FOR THREE MONTHS, HE WOULD GET UP EVERY MORNING AND DELIVER FOOD AND PACK FOOD. AND IT WAS AT THAT TIME THAT I SAW WHAT A HUGE IMPACT IT MADE ON HIM, BUT MORE IMPORTANTLY, THE IMPACT IT MADE ON OUR COMMUNITY. AND OBVIOUSLY, WE HAVE A TREMENDOUS AMOUNT OF SUPPORT HERE TONIGHT, AND WE JUST ASK THAT WE PLEASE TRY TO MOVE THIS FORWARD. SO THANK YOU VERY MUCH. THANK YOU. MR. HALLER. I LIVE ON HARLEM ROAD AND I SORT OF JUST HEARD ABOUT THIS. AND ONE OF MY BIGGEST CONCERNS, WHICH I THINK I TALKED CHRIS, ABOUT, WAS THE TRAFFIC. AGAIN, SINCE THEY REDID THE ROAD, WE SEE QUITE A BIT OF TRAFFIC ON THERE. I KNOW THEIR TRAFFIC STUDY WAS DONE PROBABLY EARLY, EARLY 25. THE AMOUNT OF SEMI TRUCKS AND CARGO TRUCKS THAT WE GET UP THE ROAD IS PRETTY GREAT NOW, AND MOST NOBODY GOES 25 MILES AN HOUR. SO I SAT OUT THERE ONE DAY AND I REGISTERED ANYWHERE 
          [00:30:04]
BETWEEN 35 AND 50 MILES AN HOUR GOING UP TO THE ROAD THERE. AND WE HAVE BEEN MY WIFE AND I HAVE BEEN PRETTY WELL COME CLOSE TO HITTING IN THE BACK AS WE TRY TO TURN INTO THE DRIVEWAY. SO I HAVE NOTHING AGAINST PANTRY. I THINK IT'S A GREAT THING. I DO HAVE CONCERNS WITH THE TRAFFIC. 
          MAYBE AN ENTRANCE ON THE JOHNSTOWN ROAD 65 TO 62 MIGHT BE A GOOD OPTION, BUT SOMEHOW IF IF WE GET A LOT OF TRAFFIC, IT'S JUST GOING TO CONTINUE TO MAKE THINGS WORSE. SO THAT'S REALLY THE THING I HAD TO SAY TONIGHT. THANK YOU. MISTER CHAIRMAN. THAT'S ALL THE SPEAKER CARDS I HAVE. BUT IF THERE'S ANYONE ELSE HERE THAT WANTS TO SAY A FEW WORDS, PLEASE DO. PLEASE GIVE ME YOUR NAME AND. HI, JOHN COWAN. I LIVE RIGHT ACROSS THE STREET FROM WHERE THE FOOD PANTRY IS GOING TO GO. NO ONE'S ARGUING. THE FOOD PANTRY IS A GREAT THING. YOU KNOW, IT'S IN THIS WORLD TODAY. THERE SHOULDN'T BE ANYBODY THAT GOES HUNGRY. I'M JUST MORE CONCERNED ABOUT THE PLACEMENT OF IT. 23 YEARS AGO, MY WIFE AND I PICKED WE HAD OUR PICK OF THE LITTER OF THAT SIDE OF THE STREET. NOBODY ELSE WAS LIVING THERE. WE WERE THE FIRST ONES AND WE PICKED IT THERE BECAUSE WE THOUGHT, OKAY, BACK THEN IT WAS A PRIVATE RESIDENCE WHERE THE CHURCH THIS WAS BEFORE THE CHURCH WAS BUILT AND WE FIGURED, OKAY, 62 IS GOING TO THERE'S GOING TO BE SOME COMMERCIAL STUFF BECAUSE IT WAS ALREADY THOSE COMMERCIAL BUILDINGS WHERE OAKLAND NURSERY IS NOW. BUT WE THOUGHT IT WOULD BE FAR ENOUGH BACK THAT, YOU KNOW, THEY'RE NOT GOING TO CHANGE A RESIDENTIAL STREET INTO SOMETHING DIFFERENT. THEY DECIDED TO BUILD THE CHURCH. WE THOUGHT, OKAY, FINE. DEALT WITH THE CHURCH THERE. THEY'RE NICE PEOPLE. IT'S GREAT. THE THERE'S A COUPLE OF PROBLEMS I HAVE. NUMBER ONE, UNLESS YOU CHANGED IT THE WAY IT'S ZONED. I HAD A COUPLE OF ATTORNEYS LOOK AT IT WHO DO DEVELOPMENT, AND A COUPLE OF DEVELOPERS WHO'VE DONE THOUSANDS OF THESE THINGS. THEY WERE UNLESS YOU'VE CHANGED IT THE LAST MONTH OR SO, IT'S GOING TO BE ZONED AS A SEPARATE PARCEL, NOT AN ACCESSORY. THE WAY IT'S ZONED NOW IS IT CAN BE AN ACCESSORY TO THE CHURCH. BUT EVEN THOUGH THE ADDRESS IS ON JONESTOWN ROAD, IT'S NOT ANYWHERE NEAR JONESTOWN ROAD. IT'S ON HARLEM ROAD WAY BACK, YOU KNOW, RIGHT BEHIND MY HOUSE. SO I BELIEVE THAT'S WHY YOU HAD TO MAKE IT SEPARATE. YOU KNOW, NONE OF THE ATTORNEYS OR THE DEVELOPERS I TALKED TO CAN UNDERSTAND WHY YOU'RE GOING TO MAKE IT A SEPARATE PARCEL, LET ALONE THEY KIND OF LAUGH THAT THEY SAID THEY WOULD BE LAUGHED OUT OF A ZONING COMMITTEE IF THEY EVER WERE TRIED TO PULL THAT. AND THE REASON IT'S A FEAR IS BECAUSE LET'S SAY THERE'S A CHANGE OF HEART IN THE CHURCH. LET'S SAY THERE'S A CHANGE OF HEART IN TASTE OF NEW ALBANY. LET'S SAY THEY, THEY. IT'S NOT BIG ENOUGH. SO THEY'RE GOING TO MOVE SOMEWHERE ELSE. NOW YOU'VE CREATED THIS SEPARATE PARCEL WHICH CAN BE SOLD IN A KROGER CAN GO IN. THAT'S THE WAY IT WAS SET UP AS OF A MONTH AGO. NOW. UNLESS THAT'S CHANGED, I DON'T KNOW. BUT WHEN YOU MAKE IT IN A SEPARATE PARCEL, THAT'S CONCERNING. IF IT'S AN ACCESSORY TO THE CHURCH, IF YOU COULD WAIT ONE THAT SOUNDS LIKE AN ANSWERABLE ISSUE. THE UNDERLYING ZONING CODE FOR THIS IS A PUD BASED ON COMMUNITY FACILITY. I PRESUME IT'S THE. YEAH, NEW ALBANY PRESBYTERIAN CHURCH PUD AND IT'S THE ZONING IS NOT CHANGING AND THE FOOD PANTRY IS VERY CLEARLY LISTED. THERE'S A PERMITTED USE. SO THE. 
          IT'S STILL GOING TO BE WITHIN THAT ZONING DISTRICT. THE ZONING IS STILL GOING TO APPLY AS IT HAS SINCE APRIL 26TH, 2011. AND A FOOD PANTRY IS PERMISSIBLE USE. I GUESS IF YOU WANT TO BECOME A COMMERCIAL USE LATER, THEY WOULD HAVE TO GO THROUGH A REZONING PROCESS AT THAT POINT. BUT AS WE SIT HERE TODAY, PURSUANT TO THE EXISTING TEXT THAT'S BEEN THERE FOR 15 YEARS, FOOD PANTRIES, I AGREE WITH WHAT HE'S SAYING, WITH ONE EXCEPTION. YES, IF IT'S PART OF THE CHURCH PROPERTY, IT'S AN ACCESSORY USE AND IT'S ALLOWED, BUT THE WAY IT'S SET UP IS A SEPARATE PARCEL IS WHAT I'VE BEEN TOLD BY THE ATTORNEYS. SO THAT MAKES ME NERVOUS. BUT THE PARCEL STILL WITHIN THE ZONING DISTRICT WITHIN. YEAH, BUT IT'S STILL A SEPARATE PARCEL. AND AND IF, IF SOMEBODY DECIDED TO SELL THAT, THAT THEY CAN DO WHATEVER THEY WANT WITH IT, IT'S A SEPARATE PARCEL. SO IT'S NOT GOVERNED BY THE ACCESSORY USE OF THE CHURCH, BUT IT'S STILL GOVERNED BY THE ZONING TEXT. I'M SORRY. STILL GOVERNED BY THE ZONING TEXT. NOT IF IT'S A SEPARATE PARCEL. THAT'S WHAT I'M. THAT'S WHAT I'M STILL. YEAH, BUT THE ATTORNEY IS SPEAKING TO THIS. IT IS STILL CONSIDERED. IT'S IT'S WITHIN THE ZONING TEXT, OF COURSE. SO WHATEVER PARCEL YOU WANT TO. BUT LISTEN. SO THE ZONING TEXT WILL COVER ANY PARCEL WITHIN THAT AREA SO THEY COULD SELL IT AND IT COULD BE SOMETHING OTHER FOOD PANTRY, BUT IT WOULD HAVE TO BE SOMETHING THAT IS PERMISSIBLE USE UNDER THE ZONING TEXT, LIKE CHURCH OR THE OTHER THINGS THAT ARE LISTED AND THEIR ZONING TEXT. IT CAN'T BE A CAR WASH. IT CAN'T BE 
          [00:35:01]
ANYTHING THAT'S NOT IN THE PERMISSIBLE USES OF ZONING TEXT. AND I RESPECT YOUR OPINION. I HAVE THREE OTHER OPINIONS THAT SAY THAT'S NOT THE CASE. IF YOU MAKE IT A SEPARATE PARCEL, YOU CAN DO. YOU KNOW, IT DOESN'T IT DOESN'T COVER THE ZONING BECAUSE IT'S NOT AN ACCESSORY TO THE CHURCH ANYMORE. BUT ANYWAY, LET'S LET'S GO BEYOND THAT. MY POINT IS MOST OF THE PEOPLE IN MY NEIGHBORHOOD HAVE NO IDEA ABOUT THIS. I WAS ONE OF THE FEW PEOPLE BECAUSE MY HOUSE IS CLOSE ENOUGH THAT I GOT A LETTER ABOUT THIS MEETING. ALL MY NEIGHBORS HAVE NO IDEA THIS IS GOING ON. AND YOU KNOW, I'M NOT FROM ANY MONEY. YOU KNOW, I WAS A COLUMBUS PUBLIC SCHOOL KID. I WAS GIVEN NOTHING. I LIVE IN A NEIGHBORHOOD. NOW THAT THE HOUSES ARE ONE AND A HALF TO $5 MILLION, AND YOU'RE PUTTING SOMETHING LIKE THAT OUT OF A WHY WHY DON'T YOU BUILD IT IN A COMMERCIAL AREA? WHY ARE WE DOING THIS IN A RESIDENTIAL STREET? YOU'RE PUTTING SOMETHING THERE. I DON'T THINK A LOT OF PEOPLE ARE GOING TO BE HAPPY ABOUT IT ONCE THEY FIND OUT ABOUT IT. AND I THINK, I GUESS I ASK YOU, WHAT IF THEY'RE BUILDING THIS ACROSS THE STREET FROM YOUR HOUSE? YOU KNOW, IT'S JUST AND AGAIN, I CAN'T STOP YOU. I KNOW THAT I'M NOT GOING TO, YOU KNOW, I'M JUST SAYING IT'S NOT GOING TO GO OVER WELL, ONCE PEOPLE REALIZE WHAT'S GOING ON, THAT'S THAT'S ALL I'M GOING TO SAY. CAN YOU ARTICULATE SOME OF YOUR CONCERNS WITH THE FOOD PANTRY BEING CLOSE TO YOUR HOUSE? WELL, LIKE YOU SAID, TRAFFIC, TRAFFIC. 
          NOISE. ONE OF THE BY THE WAY, WE'RE GOING TO LOOK INTO THAT SPEED ZONE ISSUE. I'M GOING TO TALK TO THE CHIEF OF POLICE ABOUT THAT. WE'LL WE'LL WE'LL WATCH THAT. BUT YEAH. OKAY. SO TRAFFIC DEFINITELY I UNDERSTAND THAT. OKAY. AND PROPERTY VALUE. TELL ME MORE ABOUT HOW THE PROPERTY VALUE IS IMPACTED BY THE CHURCH. SO SOMEBODY'S OPERATING A FOOD PANTRY LOOKS AT MY HOUSE TO BUY IT. AND THERE'S A FOOD PANTRY RIGHT ACROSS THE STREET. IT'S GOING TO LOWER MY PROPERTY VALUE. SORRY, NOT THAT I'M SELLING. I'M JUST SAYING, DO YOU HAVE ANY EVIDENCE OF THAT? LIKE, I DON'T THINK I NEED EVIDENCE. I DON'T THINK I NEED EVIDENCE. 
          LOOK, I THINK IT'S A GREAT PROJECT. I THINK IT'S A BEAUTIFUL BUILDING. I AGREE, WENT THROUGH THE ARCHITECTURAL REVIEW BOARD. IT'S AWESOME. I JUST DON'T THINK IT'S A GREAT PLACE TO PUT IT. OKAY. THAT'S ALL I'M SAYING. OKAY. YEAH. ANYONE ELSE? WAIT WAIT WAIT. 
          MA'AM, MA'AM, YOU'RE PUTTING ME ON. IF YOU'VE GOT A COMMENT NEEDED TO COME TO THE MIC AND GIVE YOUR NAME AND ADDRESS, PLEASE, AND WE'LL ADDRESS IT. SO REITERATE WHAT MY HUSBAND HAD TO SAY. YOUR NAME FOR THE MIC. YOUR NAME? YOUR NAME? JOANN CANNON. OKAY. SAME ADDRESS? YES. OKAY. THANK YOU. GO AHEAD. I THINK WE COULD MAKE THE REST OF THE PEOPLE LIVING IN THE AREA MUCH HAPPIER. IF YOU USE JOHNSTOWN ROAD, WHICH IS THE ADDRESS OF THE FOOD PANTRY. 5220 JOHNSTOWN ROAD, THAT IS A MUCH MORE COMMERCIAL STREET RATHER THAN. HARLEM, WHICH IS ALL RESIDENTIAL. AND THE WE DON'T NEED ANY MORE INCREASE IN TRAFFIC BACK THERE THAT. TO DISTURB THE PEACE AND TRANQUILITY OF THE PEOPLE LIVING THERE. THIS IS RIGHT BEHIND MY HOUSE. YOUR SIGN IS RIGHT BEHIND MY HOUSE. THE TRAFFIC IS RIGHT BEHIND MY HOUSE. AND ALTHOUGH. OKAY, ACCESSIBILITY, THE LOCATION YOU HAVE NOW IS EVEN MORE ACCESSIBLE. IT'S CENTRALLY LOCATED. OKAY, I UNDERSTAND PEOPLE HAVE MOVED ON. THEY WANT TO CHANGE IT, BUT IT WE COULD BE MORE AT PEACE WITH IT. IF YOU PUT THE ENTRANCE ON JOHNSTOWN ROAD, WHICH IS THE ADDRESS OF IT, RATHER THAN ON HARLEM, A SMALLER SIDE STREET WHERE PEOPLE LIVE IN THEIR HOMES. QUESTION FOR STAFF. WHEN THIS IS SPLIT, IT ONLY HAS FRONTAGE ON HARLEM. WHAT DID YOU SAY? I'M SORRY. WHEN THIS LOT IS SPLIT, IT'S ONLY RIGHT OF WAY. IS HARLEM CORRECT? YES. AND WHEN A NEW ADDRESS IS GENERATED, THAT WOULD BE HARLEM ROAD ADDRESS. CORRECT. OKAY. BECAUSE. THE WHEN THEY SEPARATE THE PARCEL, IT HAS TO BE AN ADDRESS THAT IS GOT RIGHT OF WAY ACCESS TO. AND SO IT WILL GAIN A DIFFERENT ADDRESS. SO RESIDENTIAL. YEAH. TRUCKS WILL COME IN. OTHERS. OKAY. SO. DETAILS ALL DONE. AND WE ACCEPT 
          [00:40:10]
THE STAFF REPORTS AND RELATED DOCUMENTS INTO THE RECORD FOR FTP 88 TO 2025, NOTING THAT THERE ARE CORRECTIONS TO THE CONDITIONS IN THE STAFF REPORT AND USING THE ONES THAT WERE PRESENTED ON SCREEN AS THE CONDITIONS, WHICH MEANS WE HAVE SEVEN CONDITIONS TO NEW ONES AND A MODIFICATION TO 3000 KELVIN ON THE MIDDLE CONDITION. ALSO NOTING THAT THE DEGREES KELVIN REFERS TO COLOR TEMPERATURE OF THE LIGHTS. OKAY, DO I HEAR A SECOND ON THE DOCUMENTS MOTION? I SECOND THANK YOU AND DISCUSSION ON THE DOCUMENTS. THE ROLL PLEASE, MR. KIRBY. YES, DOCTOR. YES, MISS BRIGGS? YES, MR. WALLACE? YES. MR. LARSEN. YES. THE AYES HAVE IT. THE MOTION PASSES WITH ALL VOTES TO ADMIT THE DOCUMENTS, NOTING THE CORRECTIONS AND THE STAFF REPORT AND THE IRB CONDITIONS IN THE PRESENTATION. ALL RIGHT. WHICH TAKES US TO THE FINAL DEVELOPMENT PLAN ITSELF. DO I HEAR A MOTION FOR THE FINAL DEVELOPMENT PLAN? I'LL MOVE TO APPROVE FINAL DEVELOPMENT PLAN DASH 88-2025 FOR THE FOOD PANTRY, INCLUDING THE CONDITIONS THAT WERE DISCUSSED FOR THE STAFF REPORT WHICH IS THE TWO NEW CONDITIONS SIX AND SEVEN. AND THEN THE CHANGE AND CONDITION 3 TO 3000 KELVIN. DO I HEAR A SECOND SECOND. ANY DISCUSSION ON THE MOTION TO THE ROLL, PLEASE, MISS BRIGGS? YES, MR. LARSEN? YES, MR. KIRBY? YES, DOCTOR? YES, MR. WALLACE. YES, YES. THE MOTION PASSES WITH ALL VOTES TO GRANT THE FINAL DEVELOPMENT PLAN, SUBJECT TO CONDITIONS IN THE STAFF REPORT AND THE ADDITIONAL CONDITIONS ADDED BY THE ARB. WITH THE MODIFICATION THAT THE EXTERNAL TIMELINES WILL BE REDUCED TO LESS THAN 3000 KELVIN. OKAY. THANK YOU. CONGRATULATIONS. 
          THAT BRINGS US TO THE ZONING CHANGE. OH NINE 2026 CLOVER VALLEY EAST ZONING DISTRICT REZONING. AND AS SOON AS THE ROOM CLEARS, WE'LL HEAR FROM STAFF. HE'S TRAPPED. HE'S TRAPPED. I THOUGHT I SAW HIM. YEAH, I SAW HIM, TOO. YEAH, THERE HE IS. THAT'S. 
          AARON. CAN YOU PULL THE DOORS? WHILE YOU. WHILE YOU'RE UP? THEY ALL LEFT. 
          IT'S GOOD TO HEAR FROM STAFF. ABSOLUTELY. THIS IS A REZONING FROM AGRICULTURAL DISTRICT TO THE NEW GENERAL EMPLOYMENT FOR 22 PARCELS OF LAND, TO A ZONING TEXT TO BE KNOWN AS THE CLOVER VALLEY EAST ZONING DISTRICT. THIS SITE IS IN THE BUSINESS PARK COMPRISED OF 22 PARCELS ON THE FAR EAST SIDE OF THE CITY. THIS IS THE PROCESS FOR THIS APPLICATION. IT IS GOING TO PLANNING COMMISSION TONIGHT OF COURSE, AND THEN IT WILL GO TO CITY COUNCIL AFTER A RECOMMENDATION IS MADE TONIGHT, AND THEY WILL VOTE ON IT TO MAKE THE FINAL DECISION. THE STRATEGIC PLANNING INDICATES THE FUTURE LAND USE IS EMPLOYMENT CENTER. THE REZONING ALIGNS WITH WITH THE STRATEGIC PLAN. SORRY, I CAN'T TALK RIGHT NOW. AND THIS IS SURROUNDED BY 
          [00:45:06]
SIMILAR ZONING USES, INCLUDING LIMITED LIMITED GENERAL EMPLOYMENT IN THIS LIGHT BLUE, WHICH IS WHAT THIS IS GOING TO BE. TECHNOLOGY MANUFACTURING DISTRICT TO THE NORTH AND WEST AREA. AND A LITTLE BIT OF PLANNING AND DEVELOPMENT DOWN HERE, ALL OF WHICH ARE SIMILAR USES. THIS ZONING DISTRICT WILL PERMIT MANUFACTURING AND PRODUCTION, WAREHOUSING AND DISTRIBUTION, RESEARCH AND PRODUCTION, GENERAL OFFICE ACTIVITIES AND PERSONAL AND RETAIL SERVICES. AND IT WILL PROHIBIT MANY WAREHOUSES, VEHICLE SERVICES, RADIO AND TELEVISION BROADCAST FACILITIES AND DATA CENTERS, EXCEPT WHEN IT IS OPERATED AS A SECONDARY USE TO A PERMITTED USE OCCUPIES NO MORE THAN 20% OF THE SQUARE FOOTAGE OF BUILDINGS IN THE ZONING DISTRICT AND RECEIVED CERTIFICATES OF ZONING, COMPLIANCE AND OCCUPANCY PERMITS AFTER PERMITTED USE DOES. AND THESE ARE THE SETBACKS WHICH ARE ALSO SIMILAR TO OTHERS IN THIS AREA. A LOT OF THESE ARE 50 FOOT PAVEMENT SETBACKS AND 100 FOOT BUILDING SETBACKS WHEN NOT ADJACENT TO PROPERTY WHERE RESIDENTIAL USES ARE PERMITTED. THE EAST SIDE HERE HAS A 25 FOOT PAVEMENT AND BUILDING SETBACK, AND THE NORTHERN BOUNDARY ALSO HAS THAT 25 FOOT PAVEMENT BUILDING SETBACK. SO IN SUMMARY, THE PROPOSED ZONING HAS THE SAME TYPICAL DEVELOPMENT STANDARDS AS THE SURROUNDING COMMERCIALLY ZONED PROPERTIES, AND PROPOSED ZONING ALIGNS WITH THE EMPLOYMENT CENTER. FUTURE LAND USE OF THE STRATEGIC PLAN. THE ONLY CONDITION IS THAT THE ENGINEER'S COMMENTS WILL BE ADDRESSED. I'M HEARING THE APPLICANT IS HERE. IF YOU HAVE ANY QUESTIONS. ENGINEERING. YES. WE RECOMMEND THAT 30FT OF PUBLIC RIGHT OF WAY BE DEDICATED ALONG THE REZONING DISTRICT FRONTAGE. A TRAFFIC IMPACT STUDY. BE PREPARED TO HELP DETERMINE WHAT IMPROVEMENTS IN THE RIGHT OF WAY MAY BE REQUIRED. A TREE SURVEY BE PERFORMED AND STAFF APPROVAL. THESE TREE OF THE TREES PROPOSED FOR REMOVAL THE DEVELOPER TO PROVIDE DOCUMENTATION SHOWING THAT ALL EXISTING PRIVATE WELLS AND SEPTIC WELL SYSTEMS IN THE AREA HAVE BEEN ABANDONED AND TO PROVIDE ENVIRONMENTAL PERMIT APPROVALS. THANK YOU. AND CAN WE HEAR FROM THE APPLICANT? GOOD EVENING EVERYONE. AARON HODGE AT 8000 WALTON PARKWAY IN NEW ALBANY, REPRESENTING THE APPLICANT, LINCOLN PROPERTY COMPANY. DAN REIDY WITH LINCOLN IS HERE AS WELL WITH ME THIS EVENING. THIS IS PRETTY STRAIGHTFORWARD. OTHER THAN, YOU KNOW, IT'S VERY RARE TO SORT OF GET AN ASSEMBLAGE WITH I THINK WE'VE GOT 15 OR 16 PROPERTIES HERE. SO SORT OF A UNIQUE OPPORTUNITY AT A MOMENT IN TIME TO, TO, YOU KNOW, AGGREGATE ALL OF THESE AND DEVELOP THEM COMPREHENSIVELY AND MASTER PLANNING EFFORT. WE DO HAVE ONE HOLDOUT HERE THAT I WANT TO POINT OUT. YOU SEE THAT NOTCH NOTCH, WE HAVE BEEN IN CONTACT WITH THEM THOUGHT WE HAD THEM IN CONTRACT, BUT WE WE DO NOT. WE'LL CONTINUE TO WORK WITH THEM, BUT WE WILL PROVIDE THE SAME BUFFERING AROUND THAT PARCEL AS WE WOULD ON THE THE ADJACENCIES. WE'RE WORKING WITH THE CITY ADMINISTRATION ON THE MATTERS RELATING TO PUBLIC STREET AND JUG STREET AND HOW THAT WILL ALL GET ACCOMPLISHED. WE'RE MAKING GOOD PROGRESS ON ON THAT MOU RELATED TO THOSE IMPROVEMENTS. YOU KNOW, TYPICAL STANDARDS, AS LAUREN MENTIONED, AS WE'VE USED THROUGHOUT THE BUSINESS PARK AND TRIED TO MIRROR THOSE AS MUCH AS WE COULD HERE. SO NOT MUCH MORE TO SAY THAN THAT. WE'VE BEEN THROUGH A NUMBER OF THESE OVER THE YEARS, SO NOTHING SHOULD BE CONFIRMED. THANK YOU. OKAY. I HAVE A COUPLE, SO I FOUND THESE IN THE STAFF REPORT THAT I WENT THROUGH AND TRIED TO MAKE SURE I COULD HANDLE THEM IN THE ZONING TEXT AND LIMITATION TEXTS. SO TALKS ABOUT ONE. I'LL GET PARAGRAPHS FOR YOU HERE SHORTLY. SO STAFF REPORT IT'S TALKING ON PAGE FOUR AND PAGE THREE OF NINE ON THE TEXT IS THE MATCHING PART. I FOUND IT LATER. THE. WE MAY APPEAR TO HAVE PARTS OF THIS THAT ARE IN CONFLICT WITH ITSELF, SO I WANT TO GO THROUGH AND MAKE SURE THAT EVERYONE'S ON THE SAME PAGE. SO THERE IS THE EXCEPTION FOR SOLAR ON SCREENING ON ITEM SEVEN, AND I PRESUME THAT AS AN EXCEPTION IT OVERRIDES THINGS STATED IN OTHER PARAGRAPHS. LIKE ALL ROOFTOP MOUNTED, EVERYTHING SHALL BE SCREENED. 
          RIGHT. ALL RIGHT. GOOD. AND THE OTHER ONE WAS FOR TREES. SO LET'S SEE. LET ME SO IT SAYS. 
          GEORGE STREET AND CLOVER VALLEY. ONE CONTAINS ONE TREE FOR EVERY 30FT OF ROAD FRONTAGE. AND THAT GETS ECHOED IN THE TEXT IN THE SIMILAR MATCHING PART FOR SCREEN IN WHICH I THOUGHT I HAD 
          [00:50:03]
MARKED FOR NINE. IN ANY CASE, I'D LIKE THAT TO BE AT LEAST, AND NOT EXACTLY. IF NO ONE MINDS THAT IF THEY WANT TO PUT MORE THAN ONE TREE EVERY 30, THAT THEY ARE FREE TO DO SO. 
          IT'S NOT REQUIRED OF THEM TO SEPARATE THEM THAT FAR. THAT'S FINE. OKAY. AND THERE ARE PLACES WHERE IT SAYS TEN TREES PER 100FT, AND THERE ARE PLACES WHERE IT SAYS ONE TREE EVERY 30, WHICH THOSE NUMBERS DON'T MATCH. CAN WE GO OVER HOW WE GOT EACH OF THOSE NUMBERS AND WHERE THEY APPLY? PAGE, ARE YOU ON, NEIL ON? IS IT ON THE TEXT? SO IN THE STAFF REPORT IT'S E FOUR. 
          AND LET ME FLIP BACK TO MY NOTES, WHICH IS SOMEWHERE AROUND C TREES, PAGE FOUR. HANG ON PAGE SEVEN OF THE REQUIREMENTS E CAPITAL E. OH I SEE NEIL. SO MY INTERPRETATION OF THIS IS THAT THE TEN TREES PER 100 ARE IN ADDITION TO THE STREET TREES AND BEHIND THEM. 
          OKAY. I AGREE WITH THAT. YEAH. I BELIEVE IT'S IN THE PAVEMENT SETBACK VERSUS DISTINGUISHED BY THE STREET TREES. YEAH. SO OUR STREET TREES ARE AT LEAST ONE EVERY 30. AND THE AREA BEHIND THEM IS TEN PER 100. THAT'S CORRECT. OKAY. SO IT'S I WANT IT THAT WAY. IT'S CLEAR, AT LEAST IN THE MINUTES ABOUT HOW TO INTERPRET DIFFERENT NUMBERS IN CASE PEOPLE READ THEM AND SAY, OH, THIS IS ALL I NEED. YEP. ABSOLUTELY. OKAY. PAUL. I DID NOT SEE PARALLEL CONSTRUCTION BETWEEN GEORGE STREET AND CLOVER VALLEY. SO PARAGRAPH CAPITAL F ON PAGE SEVEN OF NINE IN THE DISTRICT SAYS. LANDSCAPING ALONG GEORGE STREET. AND I LOOKED AND I DIDN'T NOTICE LANDSCAPING ALONG CLOVER AS ITS OWN SEPARATE PARAGRAPH. ARE THEY INTENDED TO BE DIFFERENT? I BELIEVE SO, YES. IT'S ALSO COVERED BY SEPARATE LANDSCAPE DESIGN STANDARDS THAT COVER A LARGER AREA. SO THAT STIPULATION WAS INCLUDED FOR GEORGE STREET, BECAUSE GEORGE STREET IS NOT INCLUDED IN THESE LANDSCAPE STANDARDS, BUT CLOVER VALLEY IS. SO IT DOES HAVE ADDITIONAL LANDSCAPE STANDARDS. OKAY, WHERE, WHERE WOULD I, I MISSED THOSE ON THE FIRST COUPLE OF PASSES THROUGH. SO WE'RE SAYING THINGS LIKE GEORGE STREET, YOU KNOW, THAT TEN PER 100 DOES CLOVER VALLEY HAVE A TEN PER 100 IN THE SETBACK? YES. I THINK WHAT LAUREN IS SAYING IS WE HAVE SEPARATE DESIGN GUIDELINES AND STANDARDS IN CLOVER VALLEY WOULD BE COVERED UNDER THAT. CAN WE PER CODE OR PER STRATEGIC PLAN. YES. SO SO WHEN WE'RE SILENT IN THE TEXT IT WOULD DEFAULT TO THOSE ITEMS. THE JAEGERS. YEAH. I WAS JUST CURIOUS IF WE COULD ACTUALLY SPEAK THOSE OUT LOUD BECAUSE THEY'RE NOT PRESENT HERE. SO YOU'RE ASKING YOU'RE SUGGESTING SOME LANGUAGE. IT JUST SAYS THAT LANDSCAPING ALONG CLOVER WILL BE PURSUANT TO THE JAEGERS OR SOMETHING TO THAT EFFECT. NOT NEARLY THAT SO MUCH AS IT THIS BEING SOMETHING THAT HAPPENS AUTOMATICALLY. BUT I'D LIKE TO KNOW IS TELL ME WHAT THOSE ARE. SO I KNOW HOW MUCH THEY DIFFER FROM WHAT WE PUT IN ON JUG. OH, I SEE YOU JUST WANT SOME CLARIFICATION. YEAH, YEAH. 
          OKAY. YEAH. MY MY PREPPED QUESTION WAS PLEASE JUSTIFY THE DIFFERENCE. BUT I DON'T KNOW WHAT THE DIFFERENCE IS YET. GOTCHA. YEAH, WE'RE LOOKING THAT UP. SORRY. WE JUST HAVE TO FIND IT. ALL RIGHT. I THOUGHT YOU WERE CONCERNED THAT IT WASN'T SPELLED OUT IN TEXT, SO. 
          WELL, IT WASN'T IN THERE. I WAS TRYING TO FIGURE OUT WHAT IT WAS SUPPOSED TO BE. AND IT WAS AN OMISSION OR BY COMMISSION THAT LEFT OUT. YEAH. 
          [00:55:07]
SO IT LOOKS LIKE. SO THE STREET TREES ARE LISTED IN HERE AS THE SAME AS DRUG STREET. AND THEN FOR THE BEACH ROAD NORTH, IT IS A MINIMUM OF 30 TREES PER 100 LINEAR FEET. SO IT'S THE SAME AS DRUG STREET. YOU SAID 30 TREES PER HUNDRED. SORRY. IT'S LOADING. I HAVE HALF OF THE SCREEN RIGHT NOW. HOLD ON ONE SECOND. I HAVE TO TALK TO THE CITY ABOUT. THERE'S A REASON I HAVE CAT SIX IN MY HOUSE IN PLACES. THERE'S A REASON WHY I HAVE CAT SIX CABLE IN MY HOUSE. MR. KIRBY. ALSO, IN LIEU OF FINE. I'M ALSO HAVING TROUBLE GETTING THE. IT'S A LARGE PDF DOCUMENT. IT'S HARD TO SEARCH IT ON OUR WI-FI HERE, BUT THERE THERE. THERE ARE TWO DEVELOPMENTS THAT EXIST ON THE OTHER SIDE OF CLOVER VALLEY ROAD. IF THE APPLICANT IS AMENABLE TO IT, WE COULD JUST COMMIT TO PROVIDING THAT SAME AT LEAST AS MUCH. YEAH, WHICH IS A PRETTY SUBSTANTIAL AMOUNT. SO I WANT TO MAKE SURE THAT THEY'RE AWARE OF IT. I DON'T KNOW WHAT THAT RATIO IS, BUT IT IS SUBSTANTIAL. YEAH, WE CAN AGREE WITH THAT. WE WANT IT TO BE UNIFORM ON BOTH SIDES BECAUSE. YEAH. CHRIS SORRY, YOU SAID THAT'S ON THE SOUTH SIDE. SORRY. IT'S ON THE THE WEST SIDE OF CLOVER VALLEY. BOTH THOSE SITES ARE UNDER ONE OF THEM'S ALREADY DEVELOPED AND ONE OF THEM IS UNDER IS ACTIVELY BEING DEVELOPED. THEY'RE SUBSTANTIALLY PLANTED ALONG THE FRONTAGE. WILL YOU COMMIT TO GO OUT WITH A SHOVEL IF THERE'S NOT ENOUGH TREES? YEAH. DEPENDS ON WHAT THE WEATHER'S LIKE. YEAH, YEAH, IT DEPENDS WHAT IT LOOKS LIKE TODAY OR YESTERDAY. ARE THERE OTHER QUESTIONS FROM COMMISSION MEMBERS WHILE THEY'RE LOOKING THAT UP? YEAH. AND ON PAGE FIVE OF THE TEXT, THE VERY BOTTOM ON D, IT TALKS ABOUT CONTEMPORARY EXTERIOR DESIGNS WHILE NOT REQUIRED, SHALL BE ENCOURAGED. I JUST WANT TO MAKE SURE THERE'S A CITY ARCHITECT IS LIKE REVIEW THAT AND THAT'S WHAT WE WANT. I THINK IT'S FINE, BUT CONTEMPORARY I GUESS CONTEMPORARY CAN CHANGE OVER TIME. SO IT'S KIND OF A VAGUE TERM, RIGHT? THAT'S WHERE I GET THIS. THIS IS JUST A PROVISION THAT'S BEEN CARRIED OVER TIME AFTER TIME INTO THESE. SO I'M SURE IT'S IN THERE. I GUESS IT'S JUST A QUESTION BECAUSE THE CITY ARCHITECT, I THINK CONTEMPORARY APPLIES TO ARCHITECTURE AS A TERM OF ART IN ARCHITECTURE, THE WAY GEORGIAN ARCHITECTURE IS A TERM OF ART IN ARCHITECTURE. BUT I'M NOT STYLE. YEAH, THAT'S WHAT I WASN'T SURE ABOUT. I'M NOT REALLY TOO HUNG UP ON IT. IT WAS JUST KIND OF GOT MY ATTENTION. LIKE I WOULDN'T I WON'T APPROVAL OF TONIGHT FOR THAT. IT'S ALL SUBJECT TO STAFF APPROVAL AS WELL. RIGHT. SO WHAT WAS CONTEMPORARY IN THE 1800S? YEAH. RIGHT. RIGHT. YEAH, THAT'S A GOOD POINT. I'M NOT SURE WHAT IT IS. ANYWAY. THAT'S SUBJECT TO STAFF APPROVAL. 
          CONTEMPORARY LIKE IS THAT SOMETHING TO THE ARCHITECT APPROVAL. DO WE KNOW? YEAH, GENERALLY, YEAH. IT'S PRETTY BOILERPLATE LANGUAGE THAT'S USED THROUGHOUT THE ENTIRE BUSINESS PARK. AND IT'S ACTUALLY IN CITY CODE AS WELL. OKAY. SO IT'S NOT JUST SPECIFIC TO THIS TEXT AND IT'S BEEN USED THROUGHOUT THE YEARS JUST TO CAPTURE WHATEVER MORE MODERN CONSTRUCTION METHODS THAT ARE USED IN THE BUSINESS PARK. I THINK THE INTENT IS LIKE WHEN YOU DRIVE THROUGH NEWARK GOING EAST AND YOU SEE A BUNCH OF OLD MANUFACTURER BUILDINGS AS WE'RE TRYING TO AVOID. SO SMITH'S BUILDING IN COLUMBUS WOULD BE A PERFECT EXAMPLE. I THINK OF OLD STYLE. YEAH. INDUSTRIAL. YEAH. RIGHT. I GUESS MY QUESTION, WHICH I THINK MIGHT MAKE MR. LARSON HAPPY, IS THERE IS THERE SOMEBODY HERE? IS THERE SOMEBODY THAT IS GOING TO BE REVIEWING YOUR DEFINITION OF CONTEMPORARY THAT REPRESENTS THE CITY TO MAKE SURE THAT IT TRACKS? YEAH. WHENEVER THERE'S WHENEVER THERE'S A QUESTION, WHEN WE DO PERMIT REVIEWS, IF THERE'S EVER ANY QUESTIONS ABOUT THE ARCHITECTURAL DESIGN, WE'LL PASS THAT ALONG TO THE CITY ARCHITECT. GENERALLY, I'LL SAY, IF YOU'VE BEEN OUT TO THE BUSINESS PARK, MOST OF THE BUILDINGS DO LOOK VERY SIMILAR TO ONE ANOTHER. SO THAT USUALLY IS A RED FLAG. IF SOMETHING'S DIFFERENT THAN THAT, THAT'S USUALLY WHAT CAUSES RED FLAGS ON OUR SIDE, BUT IT IS TYPICALLY TILT UP CONCRETE PANEL BUILDINGS THROUGHOUT THE ENTIRE BUSINESS PARK. YEAH. AND THAT IS CONSIDERED A CONTEMPORARY DESIGN. SO IT'S INTERESTING IN THAT THE ARCHITECTURAL OVERLAY DISTRICT APPLIES EVERYWHERE, BUT THE ONLY TIME IT GOES BEFORE A PUBLIC BOARD OR COMMISSION IS IN THE VILLAGE CENTER, OR MAYBE AN INSTITUTIONAL BUILDING, BUT YOU STILL HAVE TO GET A CERTIFICATE OF APPROPRIATENESS AT THE STAFF LEVEL, WHICH WOULD BE SOMEWHERE LIKE THIS. AND YOU WOULD HAVE TO GET THE ARCHITECT TO WEIGH IN. AND ABSENT OF THAT, 
          [01:00:06]
THAT'S A GOOD POINT. ABSENT OF THIS LANGUAGE THAT'S IN THESE LIMITATION TAGS, THEY WOULD BE REQUIRED TO BUILD BRICK, GEORGIAN ARCHITECTURAL, COMMERCIAL BUILDINGS FOR MANUFACTURING PRODUCTION USES, WHICH IS NOT CONSISTENT WITH CONTEMPORARY PRACTICES FOR THOSE TYPES OF USES. SO THAT THAT PROVISION IS REALLY MEANT TO PROVIDE ADDITIONAL GUIDANCE OUTSIDE THE DEGARS. OKAY. AND IT'S MOSTLY CURIOSITY. I'M NOT CONCERNED NECESSARILY ABOUT IT BECAUSE I THINK THE BUILDINGS OUT THERE ARE, LOOK, YOU KNOW, FINE FOR THE BUSINESS PART, THEY'RE CONSISTENT, RIGHT? IT'S REALLY NOT A CONCERN. IT'S JUST CONTEMPORARY. IN MY MIND. I WAS JUST TRYING TO WHAT DOES THAT REALLY MEAN? RIGHT. SO I JUST WAS CURIOUS WHAT THE CITY'S DEFINITION WAS. SO GOOD. I DIDN'T KNOW THAT EITHER. ON PAGE 4.3, ON THE EASTERN PERIMETER, THERE IS A 10 TO 20FT SLOPE. OH RIGHT. YEAH. YEAH. IS THAT THROUGHOUT THE ENTIRE EASTERN PERIMETER OR JUST PART OF IT? YES. IT'S A GREAT CHANGE. ON THE EASTERN BOUNDARY, BUT ALONG THE WHOLE BOUNDARY. YES. THAT'S RIGHT. AND WE PROVIDED WE PROVIDED A TOPOGRAPHIC MAP TO DEMONSTRATE THAT. I THINK IT VARIES IN TERMS OF ITS HEIGHT, BUT IT'S PRETTY SIGNIFICANT, MAYBE FROM 12 TO 20FT OR SOMETHING TO THAT EFFECT. AND IT'S THROUGHOUT, IT'S THROUGHOUT. THAT'S OKAY. THANK YOU. OKAY. DID WE NEED A CONDITION THERE OR IS THAT ALREADY OR THAT WAS JUST A CLARIFICATION. OKAY. YEAH, I THINK JUST CLARIFYING SOMETHING THAT'S ALREADY IN THE ZONING TEXT. SO ANY, ANY PROGRESS OR WE'RE JUST GOING TO SAY MEETS THE SAME AS THE OTHER SIDE? YES. WELL, WE DID LOOK AT ANOTHER ONE ON CLOVER VALLEY, WHICH IS ALSO SILENT ABOUT CLOVER VALLEY. SO I'M ASSUMING IT IS JUST RESORTING TO THE BEACH ROAD NORTH STANDARDS, WHICH IT LOOKS LIKE THAT IS 30 TREES PER 100 LINEAR FEET. OKAY. GREAT. SO DOES ANYBODY ELSE. SO I HAD TWO CONDITIONS THEN THAT WE'D ACQUIRED ALONG THE WAY THAT IN THE TEXT PAGE SEVEN, ROMANS SIX, CAPITAL E, AT LEAST ONE TREE PER 30. AND. THE THIRD CONDITION I HAVE IS THAT AT LEAST MEET THE COMMITMENTS ON THE OTHER SIDE OF CLOVER VALLEY WITH REGARDS TO TREES AND LANDSCAPING. OKAY. ARE THERE ANY OTHER QUESTIONS OR COMMENTS? I HAVE NO THANK YOU. ANYONE FROM THE PUBLIC HAVE ANY QUESTIONS OR COMMENTS? MR. CHAIR, I HAVE ONE. GO AHEAD. JEFF LUTZ HI, JEFF LUTZ. FIRST OF ALL, I'M RIGHT THERE. YOU SEE THAT YELLOW SPOT? OH, THE NOTCH, THE NOTCH, THE NOTCH. AND I OBJECT STRONGLY TO CALLING ME A HOLDOUT BECAUSE WE KNOW LESS THAN THREE TIMES HAVE AGREED WITH THE PRICE WITH THE PURCHASER, AND THEY HAVE BACKED OUT. SO MY QUESTION TO ALL OF YOU IS, DOES LINCOLN PROPERTY COMPANY OWN THE PROPERTY? THEY'RE REQUESTING TO BE REZONED. WELL, DO YOU HAVE CONTROL OR OWNERSHIP OF THE PROPERTY? SO THAT'S THAT'S AN ANSWERABLE QUESTION. COME ON. 
          NOW FOR WHAT CONTROL OF THE MIC. I DON'T THINK YOU GOT HIT CONTROL BY PURCHASE CONTRACT OF ALL THE PROPERTY THAT'S IN IT. CARRY ON. HAVE YOU SEEN THE CONTRACTS. I HAVE. ARE YOU JUST TAKING HIS WORD? I HAVE NOT, BUT HE WAS SWORN TO THE TRUTH AT THE VERY BEGINNING OF THE MEETING. HE SAID I WAS HOLDOUT AND, WELL, I. SO IT IS CLEAR THAT THE TWO OF YOU HAVE NOT COME TO AN AGREEMENT THAT'S BEEN CONSUMMATED OR CLOSED ON. OKAY. LET ME PROCEED WITH WHAT I WANTED TO SAY, AND MAYBE I MAKE YOUR LIFE REALLY EASY OR REAL DIFFICULT. I'M NOT SURE. 
          IT DEPENDS WHICH WAY YOU GO. SO MY QUESTION IS, WHY ARE YOU CONSIDERING THIS REZONING REQUEST WHEN THEY DON'T OWN THE PROPERTY? IN THE DOCUMENT PROVIDED BY YOUR WEBSITE, IT'S CLEAR ATTORNEY AARON UNDERHILL CLAIMS HE REPRESENTS THE INTEREST OF THE POTENTIAL BUYER OF THE PROPERTY, WHICH IS LINCOLN PROPERTY COMPANY, AND THE INTEREST OF THE POTENTIAL SELLERS OF THE PROPERTY WHOSE INTERESTS ARE NOT THE SAME. I CAN'T SAY THAT THIS WOULD GET HIM DISBARRED OR PRISON TIME, BUT FROM A BIBLICAL PERSPECTIVE, IT'S CLEARLY WRONG AND SHOULD NOT BE TOLERATED. YOU DON'T HAVE THIS CONFLICT IF YOU SIMPLY TELL LINCOLN PROPERTY TO COME BACK AFTER THEY BUY THE PROPERTY. THAT IS AN EASY SOLUTION FOR YOU ALL SO THAT 
          [01:05:04]
YOU DON'T GET MIXED UP IN SOMETHING. I DON'T THINK YOU REALLY WANT TO GET MIXED UP IN. 
          NOW, MR. UNDERHALL CLAIMS THAT IF MR. UNDERHALL CLAIMS THAT THE INTEREST OF THE TWO SIDES ARE THE SAME, I WOULD ASK HIM IF HE HAS PERSONALLY TALKED TO EACH PROPERTY OWNER ABOUT WHAT THEY DESIRE. I WOULD ALSO ASK HIM IF ANY PROPERTY OWNERS WERE PRESSURED TO SIGN THE ANNEXATION REQUEST AND THEREFORE PRESSURED INTO HIM REPRESENTING THEM. LINKING PROPERTY COMPANIES REPRESENTATIVES CERTAINLY PRESSURED US, AND THIS IS SUPPOSED TO BE A FREE WILL DECISION. BUT PRAISE GOD, GOD SAVED US FROM GETTING INTO THAT MESS. THAT'S MY POINT. PLEASE HEAR. HOW MANY OF THE PROPERTY OWNERS EVEN KNOW THAT THERE IS A HEARING TONIGHT ON JUDGE STREET. THERE'S ONLY ONE SIDE. IT'S AT 12020, WHICH IS APPROXIMATELY AT THE CORNER THERE ON LOWER RIGHT. HANG ON. INDICATING JUST ONE. WE COULD ANSWER THAT. OKAY. WE SENT OUT NOTICES FOR THE AFFECTED AREA. CORRECT? CORRECT. SO EVERY SINGLE PROPERTY INSIDE HERE KNOWS ABOUT IT OR THEIR REPRESENTATIVE DOES, OR SOMEONE WHO'S GOT CONTROL, AS WELL AS PEOPLE WITHIN 200FT OF THE PERIMETER. SO IT WENT TO THE PROPERTY OWNERS. PARDON ME. THEY WENT TO THE PROPERTY OWNERS. YOU SAID OUR REPRESENTATIVE, I CAN'T SPEAK AUTHORITATIVELY FOR INSIDE THE PROPERTY BEING REZONED BECAUSE THAT INVOLVES KNOWLEDGE I DON'T HAVE. BUT I CAN SPEAK AUTHORITATIVELY FOR VILLAGE PROCESS THAT SAYS EVERYBODY WHO'S WITHIN 200FT OF THE OUTER PERIPHERY OF THIS GETS A LETTER IN THE MAIL SAYING THERE'S A ZONING HEARING, BECAUSE THIS IS A ZONING HEARING AND IT DOES GET NOTIFIED. OKAY, I HOPE THAT'S THE CASE. THE TROUBLE IS, THEY'RE UNDER A NON-DISCLOSURE AGREEMENT AND THAT'S HOW THEY'RE CONTROLLED. AND SO YOU CAN'T THAT'S THE VILLAGE. THIS THE VILLAGE DOES THIS SAYS THAT IT WILL BE ON THIS AGENDA AT THIS TIME. OKAY. AND SO HISTORICALLY THE VILLAGE HAS BEEN REALLY GOOD AT THAT BECAUSE THE NUMBER OF SEATS THAT GET FILLED WITH PEOPLE SAY, I GOT THIS LETTER SUGGESTS THAT THE VILLAGE IS REALLY COMPETENT AT THAT. I'VE GOTTEN THOSE LETTERS WHEN ZONING IS NEAR ME OR OTHER STUFF HAS AFFECTED ME. 
          SO BOTH PERSONAL EXPERIENCE AND EXPERIENCE AT ON THE COMMISSION SUGGESTS THAT NOTIFICATION OF EVERYBODY WITHIN 200FT PROBABLY HAPPENED AND PROBABLY HAPPENED REASONABLY WELL. GO AHEAD. YEAH, WELL, I KNOW SOME OF THOSE. WELL, LET ME SAY, IF YOU WERE TO ASK SOME OF THEM, THEY DON'T WANT TO BE REZONED UNTIL THEY HAVE MOVED BECAUSE OBVIOUSLY THAT CREATES COMPLICATIONS FOR THEM. SO I MAY BE ABLE TO ADDRESS THAT. THEIR EXISTING USE IS PROBABLY GRANDFATHERED AS PERMISSIBLE UNTIL IT GOES TO BE CHANGED. LET ME CHECK THAT WITH VILLAGE ATTORNEYS. I BELIEVE YOU'RE CORRECT ON THAT ONE. YEAH. SO THEY WOULD HAVE AN EXISTING NON-CONFORMING USE. 
          AND AS LONG AS THEY DON'T CHANGE THEIR USE, THEY MAY MAINTAIN THAT USE FOR AS LONG AS THEY LIKE, BUT THEY CANNOT REZONE OR SWITCH TO ANOTHER. THEY CANNOT SWITCH TO ANOTHER USE OTHER THAN THE ONE THAT GOT GRANDFATHERED. AND IF THEY ABANDON THAT, THEY LOSE IT. AND THE UNDERLYING ZONING, THE NEW UNDERLYING ZONING TAKES PLACE. OKAY. YEAH, I CAN UNDERSTAND THAT. BUT I DON'T THINK THEY WANT TO BE ANNEXED INTO NEW ALBANY. THEY WANT THE PROPERTY ANNEXED AFTER THEY LEAVE. THIS WAS A TYPE ONE OR WHAT? ANNEXATION. A TYPE ONE ANNEXATION REQUIRES THE PERMISSION OF EVERY LOT THAT'S BEING ANNEXED. AND THAT'S IT HAS DIFFERENT RULES THAN THE CLASSIC. LET'S GO TO A VOTE OF THE PEOPLE TYPE OF ANNEXATION. 
          RIGHT. BUT MY I WOULD SAY THAT, AGAIN, THEY HAVE A NON-DISCLOSURE AGREEMENT. SO YOU HAVE TO READ THE BODY LANGUAGE THAT THAT SOME OF THEM FELT PRESSURED, COERCED INTO SIGNING THIS AGREEMENT OR BECAUSE THE CONTRACT THAT LINCOLN PROPERTY COMPANY SAYS IF, IF YOU DON'T COOPERATE WITH US, WE'RE GOING TO SUE YOU FOR ALL THE MONEY WE SPENT TRYING TO DO THIS PROJECT. NOW, THAT'S NOT FREE WILL. AND I THINK THE WHOLE PURPOSE OF ANNEXATION IS THE PROPERTY OWNER SHOULD HAVE FREE WILL. IF THEY. I CAN'T SPECULATE ABOUT WHERE THE. IF THEY SOLD IT, WHO GETS THE REPRESENTATION? BUT I SUSPECT THAT MUCH IS IN ORDER FOR THE ONES THAT ARE UNDER THEIR CONTROL THROUGH CONTRACT THAT THEY COULD. THEY HAVE A LEGITIMATE CLAIM FOR CONTROL BY SAYING, ALL WE HAVE TO DO IS EVERYTHING THIS CONTRACT SAYS 
          [01:10:02]
AND THAT PROPERTY'S OURS. I'M NOT A LAWYER, BUT I KNOW, LOOK, THE POOR PERSON'S WHO ■SHOULD BE RAISING THE QUESTION THAT YOU WERE RAISING TODAY ARE THE ACTUAL PROPERTY OWNERS. I KNOW, BUT THEY CAN'T BECAUSE THEY'RE BEING COERCED. SO WHAT YOU'RE TALKING YOU'RE COMPLETELY SPECULATING ABOUT WHAT IS GOING ON HERE. BUT PLEASE CONTINUE. I'M NOT COMPLETELY SPECULATING BECAUSE THEY TRIED TO DO IT TO ME, BUT I WASN'T UNDER AN NDA AND I WASN'T UNDER CONTRACT BECAUSE YOU READ THE CONTRACT. I EVEN HAD AN ATTORNEY REVIEW THE CONTRACT. SHE SAYS IT'S FINE. WE'LL JUST MAKE THE ESCROW NONREFUNDABLE. WELL, I'M NOT GOING WITH YOU. KEEP GOING. 
          AND AND SO I THINK, WELL, WE GOT A DEAL. AND THIS IS WHERE GOD COMES IN. ATTORNEY SENDS ME THE STUFF. I DON'T GET IT. I PRAY ABOUT IT. HE SAYS, DON'T RUSH IT. AND THEN IN JANUARY, THEY CALL UP AND SAY, YOU GOT TO ANNEX INTO NEW ALBANY RIGHT NOW. I'M LIKE, WHERE'S THAT? I NEVER AGREED TO ANNEX INTO ALBANY. I'M SELLING YOU THE PROPERTY, THEN YOU ANNEX, AND THEN YOU DIG INTO THE CONTRACT AND YOU SEE, WELL, IF I WAS NEFARIOUS, I WOULD SAY, OH, WELL, YOU GOT TO COOPERATE. OTHERWISE WE'RE GOING TO SUE YOU FOR EVERYTHING AND YOU'LL LOSE YOUR HOUSE AND EVERYTHING. NOW, HOW IS THAT COOPERATION? HOW IS THAT NOT COERCION? BUT LET ME CONTINUE. HAVE YOU ASKED LINCOLN PROPERTY COMPANY WHAT THEY MEAN BY THAT? CONTROL PROPERTIES THAT THEY DON'T OWN IT THROUGH THE PURCHASE CONTRACTS WE JUST WENT OVER THAT JUST WENT OVER THAT. OKAY, LET ME SKIP AHEAD HERE. WE'VE KIND OF JUMPED AROUND. OKAY. SO HAVE YOU THOUGHT WHAT HAPPENS IF LINCOLN PROPERTY COMPANY IS UNABLE TO FOLLOW THROUGH WITH THE PURCHASES? I THINK BEFORE YOU PROCEED, YOU NEED TO DO SOME DUE DILIGENCE ABOUT WHO YOU'RE DEALING WITH. WE HAVE HAD MULTIPLE PEOPLE ASK US IF THEY ARE LEGITIMATE COMPANY, LEGITIMATE COMPANY BASED ON OUR EXPERIENCE WITH THEM. ACCORDING TO MY ATTORNEY, LINCOLN PROPERTY COMPANY TOLD HER THEY DO NOT HAVE ENOUGH MONEY ON THEIR OWN TO PURCHASE JUST MY PROPERTY. THAT WE HAD TO CLOSE WHEN ALL THE OTHER PROPERTIES DID, AS THAT IS, WHEN THEY WOULD GET THE MONEY. THEY EVEN INSISTED THAT ANY ESCROW BE REFUNDED, BE REFUNDABLE. NOW DOES THAT INSTILL CONFIDENCE IN YOU GUYS THAT THEY'RE GOING TO DO WHAT THEY SAY THEY DO? AND COMPARISON? YOU LOOK VIA PROPERTY SEARCHES AT VARIOUS TIMES. LICKING COUNTY SITE SHOWS AIRBNB HOLDINGS LLC, THEY HAVE 70 PLUS OR 90 PLUS PROPERTIES THAT THEY OWN. 
          ACTUALLY, THE AUDITOR SHOWS AIRBNB HOLDINGS LLC WHOLLY OWNS 12410 CHECK STREET. THEY OWN ONE OF THE PROPERTIES UP THERE, SO THEY OWN MORE LAND IN THE REZONING AREA THAN LINCOLN PROPERTIES COMPANY. YET LINCOLN PROPERTIES COMPANY DOESN'T HAVE THE CASH TO BUY JUST ONE. STILL TODAY, A SEARCH ON THE LINCOLN COUNTY SITE CAME UP EMPTY FOR LINCOLN PROPERTY COMPANIES, OUR LPC. SO WHO ARE YOU DEALING WITH? IF YOU HAVE ANY MORE QUESTIONS? I HAVE MORE INFORMATION IF YOU NEED IT. THANK YOU, THANK YOU. OTHER MEMBERS OF THE PUBLIC. OKAY. 
          WELL, AARON, DO YOU HAVE ANY RESPONSE TO THAT OR. I WOULDN'T REQUIRE YOU TO HAVE ONE, BUT THERE WERE CERTAINLY SOME ACCUSATIONS AND AND SPECULATIONS. SO I JUST WANT TO GIVE YOU AN OPPORTUNITY TO RESPOND. SO, YOU KNOW, THE CONTRACTS, OBVIOUSLY, AS WE'VE ALL PURCHASED A HOME BEFORE AND YOU KNOW, YOU OFTENTIMES ALL THE TIME YOU PUT DOWN EARNEST MONEY AND THAT'S REFUNDABLE FOR SOME DUE DILIGENCE PERIOD, RIGHT? SO THAT YOU HAVE A CHANCE TO KIND OF INVESTIGATE THE PHYSICAL CONDITION OF THE PROPERTY, THE ZONING RIGHTS. ET CETERA. AND IT'S NO DIFFERENT, BUT ON A LARGER SCALE WITH SOMETHING LIKE THIS, WHERE WE'RE TALKING ABOUT COMMERCIAL DEVELOPMENT, AND FRANKLY, THERE ARE EVEN MORE DOLLARS AT STAKE. 
          THE, YOU KNOW, SO THERE THERE ARE CONTINGENCIES. AND IN FACT, THERE ARE SOME DECISIONS THAT WILL NEED TO BE MADE BY LINCOLN AS WE GET TO COUNCIL. AND ANNEXATION IS ABOUT TO HAPPEN BECAUSE THAT WILL TRIGGER AN OBLIGATION. THERE ARE SOME OBLIGATIONS TO CLOSE ON SOME OF THESE PROPERTIES BEFORE ANNEXATION HAPPENS. SO OUR PLAN IS TO GO HAVE A FIRST READING 
          [01:15:04]
AT CITY COUNCIL ON THAT AND HEAR FROM THEM, AND THEN MAKE A DECISION ABOUT WHETHER THEY ARE ACTUALLY GOING TO PURCHASE SOME OF THOSE PROPERTIES PRIOR TO THE FINAL ACTION BEING TAKEN. 
          AS FAR AS MY ROLE IN THIS, I AM THE YOU KNOW, I HAVE TO BE APPOINTED BY EACH OF THOSE PROPERTY OWNERS AS THEIR AGENT FOR PURPOSES OF ANNEXATION, THE UNDERLYING PURCHASE CONTRACTS. 
          AND THIS IS TYPICAL. I MEAN, THE NEW ALBANY COMPANY DOES THIS ALL THE TIME. AND NB HOLDINGS IS OUR AFFILIATE WILL REQUIRE THE COOPERATION OF SIGNING APPLICATIONS AND ANNEXATION PETITIONS AS PART OF THAT CONTRACT, BECAUSE OTHERWISE, WITHOUT THE PROPERTY OWNER'S PERMISSION, YOU CAN'T GO AND DO THESE THINGS. SO THOSE PERMISSIONS HAVE ALL BEEN HAD IN GRANTED, YOU KNOW, COERCION, YOU KNOW, CONTRACT TERMS. I WAS NOT INVOLVED IN THE NEGOTIATION OF THE CONTRACTS. I MEAN, I DON'T KNOW WHETHER THERE ARE DAMAGES CLAUSES OR WHATNOT IN THESE CONTRACTS. SOMETIMES THERE ARE, SOMETIMES THERE AREN'T. BUT COERCION WOULD INDICATE THAT YOU'RE FORCIBLY STANDING OVER SOMEBODY AND ASKING THEM TO SIGN A CONTRACT AND MAKING THEM VERY UNCOMFORTABLE IN DOING SO. THAT'S QUITE A QUITE AN ALLEGATION, AND I DOUBT THAT'S HAPPENED HERE. WE'VE HAD REALTORS INVOLVED, PROFESSIONALS, ETC. SO NONE OF WHAT IS HAPPENING HERE IS, IS OUTSIDE THE REALM OF NORMAL. I WILL TELL YOU THAT PROBABLY 80 TO 90% OF THE ZONINGS I DO THROUGHOUT CENTRAL OHIO ARE FOR PEOPLE WHO ARE IN CONTRACT OR COMPANIES THAT ARE IN CONTRACT AND DON'T OWN THE PROPERTY YET, BECAUSE THAT'S PART OF THAT DUE DILIGENCE THAT YOU NEED TO MAKE SURE YOU CAN CONSTRUCT WHAT YOU'RE, YOU'RE SETTING OUT TO BUILD THROUGH THE ZONING. SO THAT'S ALL. THANK YOU. I HAVE A QUESTION. THE ZONING AND ANNEXATION ARE TWO VERY SEPARATE THINGS, RIGHT? THEY'RE NOT THEY'RE SEPARATE. OFTENTIMES WHAT WE DO IS BECAUSE OF THE NATURE OF YOUR COMMISSION, YOU DON'T SEE THE ANNEXATIONS, BUT WE'LL GET THAT PROCESS STARTED. IT'S LARGELY STATUTORY IN TERMS OF ITS TIMING. WE'LL GET IT STARTED AND THEN TRY TO GET THE ZONING CAUGHT UP SO THAT CITY COUNCIL SEES BOTH OF THOSE ITEMS AT THE SAME TIME. BUT THEY ARE SEPARATE PROCESSES. YEAH. LIKE FOR THIS COMMISSION, ANNEXATION ISN'T SOMETHING WE DECIDE ON OR OR DEAL WITH. THAT'S RIGHT. YEAH. AND THE RISK THAT YOU AS A DEVELOPER RUN IS THAT THIS ZONING DOES NOT APPLY IF THIS PROPERTY IS NOT IN THE VILLAGE IN THE CITY OF NEW ALBANY. 
          THAT'S RIGHT. SO IF ANNEXATION FAILS IN COUNCIL, THEN EVERY DIME YOU'VE SPENT ON PLANNING COMMISSION EVAPORATES EFFECTIVELY. THAT'S RIGHT. AS SOON AS THAT ANNEXATION IS NOT APPROVED, YOU CAN'T ZONE THE PROPERTY. THAT'S RIGHT. AND THEN WHAT HAPPENS TO THE PROPERTY? LIKE IT JUST KEEPS THE CURRENT RIGHTS THAT IT HAS. OKAY. AND YOU KNOW, YOU WERE RIGHT. THERE IS A NON NONCONFORMING USE PROVISION IN OHIO LAW AND IT'S CODIFIED HERE AS WELL. THAT BASICALLY SAYS IF SOMEONE WANTED TO LIVE IN THEIR HOME INDEFINITELY, EVEN WITH THIS ZONING, THEY COULD DO SO. AND THEN AT SOME FUTURE TIME WHEN SOMETHING WOULD CHANGE, LIKE A CASUALTY EVENT OR, YOU KNOW, THERE'S ALL SORTS OF RULES THAT GO AROUND IT, BUT THAT'S WHEN THAT WOULD TRIGGER SOME OF THE DIFFERENCES IN, IN WHAT YOU COULD USE THE PROPERTY FOR. YEP. SO THERE'S A PROTECTION THAT'S BUILT INTO THE PROCESS. YEAH. OTHERWISE IT'D BE A TAKING THE PROPERTY UNDER THE CONSTITUTION. YEAH. THE VILLAGE IS ON MY PROPERTY OUT FROM UNDER ME ONCE OR TWICE. AND WE'VE HAD IT VOLUNTARILY RESIGNED. AND THE GRANDFATHERING APPLIED IN ALL CASES. THANK YOU. OKAY. THANK YOU. I'LL ASK IF ANYTHING FURTHER FROM THE PUBLIC TO MAKE SURE I'VE GOT IT. YEAH. ANYTHING FURTHER? I THOUGHT YOU MIGHT WANT TO. YEAH. HE REFERRED TO DUE DILIGENCE. WE. THE LAST TIME THEY WALKED AWAY, WE ASKED THEM, HAVE YOU FINISHED YOUR DUE DILIGENCE? AND THEY SAID YES. AND THEY SAID, WELL, TAKE OUT ALL THE. SO WE SAID, TAKE OUT ALL THE DUE DILIGENCE BECAUSE NOW YOU KNOW, IT'S GOOD AND EVERYTHING, BECAUSE THERE WAS SO MUCH IN THAT DUE DILIGENCE THAT ALLOWED THEM TO BASICALLY NOT ONLY WALK AWAY, BUT WE FIGURED OUT LATER TO LOWER THE PRICE. SO YOU'RE DEALING WITH A SITUATION WHERE THERE MAY BE A LOT OF DISAPPOINTED PEOPLE THAT THOUGHT THEY WERE GETTING A CERTAIN AMOUNT AND WILL NOT END UP GETTING A CERTAIN AMOUNT, AND THEN THAT PROBLEM IS PROBABLY GOING TO BE BROUGHT TO NEW ALBANY, BECAUSE IF YOU ANNEX AND APPROVE EVERYTHING AND AND YOU'VE BEEN MADE AWARE OF IT TONIGHT, OH, THE PROBLEMS ARE. AND SO I HOPE THAT WILL GUIDE YOUR ACTIONS. THANK YOU. I APPRECIATE YOU COMING AND TALKING TO US IF THAT HAPPENS AND IF THERE IF THERE ARE PEOPLE WHO WERE IN FACT COERCED TO THE CONTRACT, I HOPE THAT YOU WILL HELP THEM FIND LEGAL COUNSEL AND, AND, YOU KNOW, 
          [01:20:04]
SEEK REFUGE IN ANY COURT OF LAW THAT WILL, YOU KNOW THAT THE APPROPRIATE COURT OF LAW. IT WILL NOT BE HERE AT THE CITY. BUT, YOU KNOW, I THINK THOSE ARE SOME SERIOUS ALLEGATIONS. 
          AND IF THERE'S TRUTH TO THAT, I. I KNOW THAT WELL, EVERYBODY'S TOO AFRAID TO TALK BECAUSE THEY'LL GET SUED FOR BREAKING THEIR NON-DISCLOSURE AGREEMENT. YEAH. SO THERE I'M SURE THERE'S AND THIS HAS BEEN GOING ON FOR THREE YEARS, AND I'M SURE THAT THERE'S A LAWYER OUT THERE. I'M A FORMER LITIGATOR. I'M RETIRED. I, I KNOW THERE'S A LITIGATOR OUT THERE WHO WANTS TO HEAR THE STORY. WE JUST CAN'T ADDRESS IT HERE. BUT I DO APPRECIATE YOU COMING OUT IN THIS MARCH BLIZZARD TONIGHT. YEAH. AND I, YOU KNOW, I, I JUST YOU LOOKING OUT FOR YOUR FRIENDS. I JUST THINK FROM YOUR PART, LIFE IS VERY SIMPLE. JUST TELL THEM BY IT FIRST, THEN COME TO US AND EXIT IT. AND YOU, YOU, YOU DON'T HAVE TO WORRY ABOUT WHETHER SOMEBODY. BECAUSE RIGHT NOW, OKAY, YOU'VE GOT A CONTRACT. WHAT IF SOMEBODY CHANGES THEIR MIND? WHAT IF SOMEBODY SAYS NO, THAT ENDS UP BEING TOO LOW? WHAT? YOU KNOW WHAT THAT THAT'S A PROBLEM FOR THE, FOR THE COURT SYSTEM, NOT FOR US. AND I APPRECIATE YOU COMING. YES. THANK YOU. THEY'RE NOT HERE TO ADDRESS US. YEAH. AND IF THEY WERE, WE WOULD HEAR THEM TOO. YOU WOULD HEAR THEM. 
          THE PEOPLE YOU WERE REFERRING TO HAVE DECIDED NOT TO COME AND SPEAK AT THIS MEETING. THEY ALL KNOW THIS IS HAPPENING. I'M PRETTY SURE. I'LL RECEIVE NOTIFICATION. YEAH, WELL, ACTUALLY, IT'S AN INTERESTING QUESTION, ACTUALLY. IF THE PROPERTIES HAVEN'T SOLD, THOSE PEOPLE GOT NOTIFICATION BECAUSE THEY'RE BECAUSE IT GOES STRAIGHT TO THE LANDOWNER AS ACCORDING TO THE COUNTY AUDITOR, I WOULD SAY YES. YEAH. SO EVERYONE WHO HASN'T CLOSED WHO'S UNDER CONTRACT ON THAT TO VERIFY IT, STAFF, DOES THIS SEND A REAL REGULAR BASIS THAT THEY, AS OF THE NOTIFICATION TIME AND IT'S IN IT'S IN OUR I DIDN'T SEE IT IN THE PACKET. I LOOKED FOR. IT WAS THAT OR MAYBE IT WAS THE FRONT OF THE PACKET. WAS IT SOMEWHERE THERE WAS A SPREADSHEET THAT SAID, HERE'S THE CLOVER VALLEY NOTIFICATION LIST. YEAH, THAT'S RIGHT. AND IT WAS SUBSTANTIAL. AND THE REASON I ASK IS BECAUSE OTHER ANNEXES, SINCE YOU'VE DONE SO, I'M HOLDING UP. DID YOU GET A LIST? DID YOU GET A NOTICE? I GOT A NOTE. YOU GOT IT. SO THE NOTICE WENT OUT. YEAH. BUT OTHER ANNEXATIONS YOU'VE DONE, EVERY PROPERTY HAS HAD A SIGN. SO WHO'S YOUR NEXT DOOR NEIGHBOR? IT'S WAYNE. WELL, WHAT'S THE ADDRESS? WHAT WOULD BE DO YOU KNOW MY MY ADDRESS IS 12170. SO IT'S IT'S DRUG STREET. DRUG STREET. YEAH. AND SO YOU'D HAVE WAYNE WHERE'S 12077. DO YOU KNOW A COUPLE HOUSES UP THE STREET. YEAH WE HAVE BUT WE HAVE THE LIST OF WHAT, WHO. IT'S 12170 JUG STREET. SO YOU'RE ON THE LIST. YEAH. LOTS OF OTHERS ARE AS WELL. YEAH. OKAY. I WOULD SAY SERVICE WENT OUT THEN AND. YEAH, YEAH, IT LOOKS LIKE WE HAVE THE BEST EVIDENCE WE HAVE WITHOUT PEOPLE ACTUALLY COMING AND SAYING THAT I GOT IT FROM THE US MAIL. OKAY. THERE WAS A GOOD FAITH EFFORT TO COLLECT THE LIST AND SEND IT TO IT. AND THEY'LL ALSO BE NOTIFIED AGAIN WHEN IT'S HEARD BY COUNCIL. SO THIS ISN'T THE ONLY TIME THEY'LL BE NOTIFIED BY MAIL. AGAIN BEFORE THE COUNCIL HEARING. HOW COME IT WASN'T DONE BEFORE? YOU WOULD DO EVERY HOUSE, EVERY PROPERTY. WE DID 200FT. NO, BUT THE SIGNAGE. THE SIGNAGE WAS ONLY DONE ON ONE O. THE SIGNAGE IS A COURTESY TO PEOPLE WHO MIGHT IGNORE THEIR MAIL THAT THIS IS HAPPENING. WHAT'S US? WHAT'S THE POLICY ON THE SIGNAGE? YEAH, THE SIGNS WERE PUT OUT. YOU KNOW, SOME OFTEN TIMES OUT HERE, UNFORTUNATELY PEOPLE TAKE THEM OUT IF THEY GET PUT IN THEIR DRIVEWAY. SOMETIMES PEOPLE JUST GO OUT AND TAKE THEM OUT. THAT HAPPENS A LOT ON THESE APPLICATIONS. BUT ONCE THAT WORK ORDER HAS BEEN ISSUED THAT WE'VE COMPLIED WITH THE REGULATIONS IN OUR CITY CODE, WE CAN GO CHECK TO MAKE SURE THAT IF THEY ARE REMOVED, WE CAN GO PUT THEM OUT AGAIN BEFORE THE NEXT COUNCIL HEARING. 
          BUT ONCE THEY'RE OUT THERE, IT'S VERY COMMON, UNFORTUNATELY, FOR PEOPLE TO TAKE THEM OUT. 
          CHRIS, WHAT'S THE WHAT'S THE POLICY ON LOCATION OF THE SIGN? THEY'RE INSTALLED AT THE. I'D HAVE TO LOOK UP THE REGULATION AGAIN. I CAN DO THAT REALLY QUICK. BUT YES, THEY ARE USUALLY INSTALLED AT THE THE AS CLOSE TO THE DRIVEWAY OF EACH PROPERTY AS POSSIBLE. SO OUT OF I THINK THERE'S LIKE 18 YOU CAN SET UP. THERE WAS ONE SIGN, IS IT ONE SIGN FOR PROPERTY OR IS IT THAT GRADUATED EVERY HUNDRED FEET? OR WHAT'S, WHAT'S THE POLICY IN TERMS OF WHERE THE SIGNS ARE LOCATED. I HAVE TO PULL UP THE EXACT CODE REGULATION. IT'S BEEN A WHILE SINCE I FILED ONE OF THOSE WORK ORDERS. I DON'T KNOW, SIERRA LAUREN HAVE THE WORK ORDER IN FRONT OF THEM, BUT IT JUST THE CODE SAYS THAT IT'S JUST A SIGN AT THE PROPERTY IN GENERAL. AND 
          [01:25:04]
THE PROPERTY HERE WOULD BE CONSIDERED THE ENTIRE PROPERTY, WHICH WOULD INCLUDE ALL THE PARCELS THAT ARE SUBJECT TO. YEAH. IF THERE'S A LOT OF THERE'S DISJOINTED PARCELS LIKE ON SOME OF THEM. SO SO WE WOULDN'T EXPECT TO HAVE A SIGN IN FRONT OF EACH RESIDENTIAL PROPERTY THAT IS GOING TO BE SUBJECT TO THE ZONING CHANGE. IT'S GOING TO BE ASSIGNED SOMEWHERE ALONG PROBABLY JUGG STREET AND SOMEWHERE ALONG CLOVER VALLEY. AND ONE SIGN, MAYBE TWO. BUT IT JUST DEPENDS. AND AS YOU SAID EARLIER, SOMETIMES THEY'RE REMOVED, SOMETIMES THEY'RE MOVED, THAT SORT OF THING. YES. AND STOCKTON CAN CONFIRM THAT WE DID PUT A WORK ORDER IN FOR THREE SIGNS. THEY WOULD HAVE BEEN AT THE INTERSECTION. SO THREE SIGNS WERE PUT INTO THE WORK ORDER. AND SO THEY'RE PUT IN SOME SORT OF GRADUAL, YOU KNOW, SOME DISTANCE APART. OKAY. DOES THAT HELP YOU UNDERSTAND THE SIGN SITUATION? WELL, I'M WONDERING ABOUT THE INCONSISTENCY BECAUSE I'VE BEEN AROUND HERE FOR SEVERAL YEARS AND SEEN ALL KINDS OF ANNEXATION, AND YOU'VE ALWAYS PUT IT. WELL, I DON'T THINK THE SIGN IS FOR AN EXCEPTION, SIR. I THINK IT'S FOR THE ZONING CHANGE. THE ZONING. THE ZONING GETS THE SIGN. ANNEXATION DOES NOT. SO IN ADDITION, ZONING CHANGES. SO IN ADDITION TO THE INDIVIDUAL LETTERS THAT GO TO THE RESIDENCES THAT ARE INVOLVED IN THE ZONING CHANGE AND THEIR NEIGHBORS AND THE NEIGHBORS WITHIN 200FT. IN ADDITION TO THAT, SIGNAGE IS PLACED ON. SO THE IDEA IS TO GET THE MESSAGE OUT. WELL, THAT'S THE THAT'S THE GOAL THEY'RE SUPPOSED TO BE. AND YOU GOT THE MESSAGE. YEAH, BUT YOU'RE SUPPOSED TO BE ZONING SIGN. AND WE PRESUME THEN THAT THE I MEAN, ANNEXATION SIGN AND WE'RE PRESUMING THAT IT'S NOT ANNEXATION, SIR. IT'S IT'S WE'RE HERE FOR ZONING. ZONING, RIGHT. AS A COMMISSION, WE ARE PRESUMING THAT EACH LETTER WAS MAILED AND RECEIVED BY THE RECIPIENT'S. OKAY, YOU GOT YOURS. YOU'RE HERE? YEAH. THOSE FOLKS GOT THEM AND CHOSE NOT TO COME, PRESUMABLY BECAUSE AARON IS THERE TURNING. IN FACT, AS HE SAID EARLIER, AND HE IS HERE REPRESENTING THEM IN SOME CAPACITY. THEY ALSO HAVE THEIR LOCAL REAL ESTATE AGENTS, AARON SAID. THEY MAY HAVE ATTORNEYS THAT WERE HELPING TO REPRESENT THEM IN TERMS OF NEGOTIATING THE SALES CONTRACT, AS WELL AS THE NDA THAT YOU MENTIONED. IF THERE IS ONE, I DON'T KNOW. SO FOLKS GOT NOTICE OF THIS AND THE FOLKS THAT WERE TRULY INTERESTED LIKE YOURSELF, AND WE APPRECIATE YOUR COMING HERE AND GIVING, GIVING YOUR GIVING YOUR OPINION, YOUR VIEWS, EVERYBODY GOT NOTICE AND WE HAVE A PUBLIC HEARING AND EVERYONE WHO WANTS TO SAY SOMETHING IS HERE TO SAY SOMETHING. SO ANYWAY, SO HOPEFULLY WE'VE ANSWERED ALL YOUR QUESTIONS. IF YOU HAVE MORE QUESTIONS, WE WILL SIT HERE AND, AND LISTEN TO THEM SOME MORE. BUT IF YOU DON'T HAVE ANY WE WILL GO AHEAD AND VOTE ON IT. OKAY. THANK YOU, THANK YOU, THANK YOU. THANKS. 
          APPRECIATE IT. ANY OTHER QUESTIONS OR COMMENTS ON THIS ONE? NO. NO MORE QUESTIONS. I MOVE TO ACCEPT THE STAFF REPORTS AND RELATED DOCUMENTS INTO THE RECORD FOR ZONING CHANGE. OH NINE 2026 FOR YOUR SECOND ON THE DOCUMENTS. SECOND AND DISCUSSION ON THE DOCUMENTS MOTION HERE. THE ROLL PLEASE, MR. KIRBY. YES. MR. WALLACE? YES. MR. LARSEN. YES, MISS BRIGGS. YES, DOCTOR. YES. YES. MOTION PASSES WITH ALL VOTES TO ADMIT THE DOCUMENTS. ALL RIGHT, NEAL, I DIDN'T FOLLOW YOUR CHANGES. NEAL, DO YOU WANT TO MAKE THE CHANGES? I MOVE FOR APPROVAL. ZONING CHANGE OH NINE 2026. SECOND, BASED ON THE FINDINGS OF THE STAFF REPORT AND THE CONDITIONS LISTED IN THE STAFF REPORT, SUBJECT TO STAFF APPROVAL, NOTABLY THE ONE CONDITION IN THE STAFF REPORT PLUS TWO OTHERS. MY SECOND CONDITION IS IN ROMANS SIX E, PAGE SEVEN OF THE TEXT THAT WHEN WE'RE TALKING ABOUT STREET TREES, AT LEAST ONE PER 30FT. 
          THIRD COMMENT COMMITMENTS TO CLOVER VALLEY TO FOR TREES AND SCREENING AND SUCH THAT WILL BE AT LEAST AS MUCH AS ON THE OTHER SIDE OF CLOVER VALLEY, WHICH HAS A SIMILAR ZONING TEXT. 
          IS THAT IT? YEAH, THAT WAS THREE CONDITIONS I WILL SECOND. ANY DISCUSSION ON THE MOTION ITSELF. NO FURTHER DISCUSSION ON MY CONDITIONS. CLEAR? YES, PLEASE. MR. KIRBY? YES. MR. WALLACE? YES. MR. LARSEN. YES, MISS BRIGGS. YES, DOCTOR. YES. MAY I HAVE THE MOTION PASSES WITH ALL VOTES TO FAVORABLY RECOMMEND THE ZONING CHANGE SUBJECT TO THE CONDITIONS IN THE IN THE STAFF REPORT AND THE ADDITIONAL TWO CONDITIONS THAT ROMAN 6E3, PAGE SEVEN OF THE TEXT BE CHANGED TO AT LEAST ONE TREE PER 30FT, AND CONDITION THREE THAT TREES ON CLOVER VALLEY ARE AT LEAST AS MUCH AS ON THE OTHER SIDE OF CLOVER VALLEY. I THINK THAT'S THE 
          [VII. Other business]
          [01:30:04]
BEACH ROAD. THANK YOU. TAKES US TO OTHER BUSINESS. SO WE'VE GOT CEO CHAPTER 1159 COMING UP. 
          ACTUALLY WE HAVE TWO PIECES HERE. I THINK IT'S. IS THE FTP STANDARDS GOING TO BE DONE TONIGHT? I DON'T SEE IT ON THE AGENDA PER SE. OR IS THAT ALSO IT'S ALSO ON. 1159. YEAH. 
          THAT'S IT. NO. OKAY. IT'S THE SAME PIECE. OH, WHAT GOT HANDED OUT TONIGHT IS. YES. ALL RIGHT. 
          THANK YOU. PROCEED. DO WE HEAR FROM STAFF. THANK YOU. THANK YOU CHAIR. MEMBERS OF THE COMMISSION. THIS CODE AMENDMENT IS BEFORE YOU THIS EVENING. AS A RESULT OF A RECENT APPLICATION THAT YOU HEARD IN JANUARY, IT WAS THE CME BANK AND IT WAS AN EXTENSION REQUEST. 
          AND AFTER YOU APPROVED THAT REQUEST, THERE WERE SOME CONCERNS WITH REGARD TO THE FACT THAT YOU'RE BEING ASKED TO APPROVE A REQUEST WITH NO STANDARDS ON HOW TO GUIDE YOU IN WAYS TO APPROVE OR DENY THE REQUEST. SO STAFF DID SOME PEER RESEARCH, AND WE LOOKED INTO SOME SURROUNDING COMMUNITIES. AND MUCH LIKE OUR CIRCUMSTANCE, IT IS NOT A COMMON REQUEST IN SO MANY OF THE COMMUNITIES DID NOT HAVE STANDARDS THEMSELVES, WITH ONE EXCEPTION. AND SO BASED ON THAT RESEARCH, WE ARE PROPOSING THIS CODE AMENDMENT TO YOU THIS EVENING. AND SINCE THE PACKET WENT OUT, WE DID MAKE ONE CHANGE. WE THOUGHT WHILE WE WERE CLEANING UP THIS SECTION OF THE CODE, WE COULD CLEAN IT UP A LITTLE BIT FURTHER AND DIVIDE THE FINAL PLAT AND FINAL DEVELOPMENT PLAN INTO SECTIONS A AND B, WHEREAS BEFORE THEY WERE KIND OF ALL JUST RUNNING TOGETHER. SO THAT SHEET OF PAPER BEFORE YOU REFLECTS THOSE CHANGES. AND THEN ALL OF THE RED LINE AT THE BOTTOM OF THE SECOND PARAGRAPH IS THE SAME AS WHAT WAS IN YOUR STAFF PACKET. AND STAFF IS AVAILABLE FOR ANY QUESTIONS. THANK YOU. A COMMENT. AS FAR AS I CAN TELL, ALL OF THE REVISION NUMBERS FOR BOTH PIECES OF PAPER I HAVE IN FRONT OF ME ARE THE SAME. YOU KNOW, SUPPORT NUMBER TEN, UPDATE THREE. AND THEN I SEE CREATIVE NUMBERS WHICH LOOK LIKE 1635. ARE THEY? I CAN'T READ THE REALLY FINE PRINT AT THE BOTTOM. CREATED YET CREATED. 60202 THE MODIFICATION. THERE'S TWO DIFFERENT PIECES OF TEXT THAT DON'T HAVE THAT HAVE IDENTICAL DOCUMENT NUMBERS. SO IT'S A NO HARM, NO FOUL HERE, NO DIFFERENT. BUT OH, ALL OF THE STUFF HERE AND HERE AND HERE MATCHES FOR BOTH. IF YOU IF I NEED TO DIFFERENTIATE THESE TWO DOCUMENTS BASED ON METADATA FROM THE DOCUMENTS, THEY APPEAR TO BE IDENTICAL AS THE METADATA APPEARS TO BE IDENTICAL AS TO HOW ONE TELLS ONE DOCUMENT APART FOR THE OTHER. DO YOU SEE WHAT HE'S SAYING? HE'S SAYING THAT I DON'T UNDERSTAND AT THE BOTTOM WHERE IT SAYS CREATE, DATE AND TIME ARE THE NUMBERS, THE CREATION DATES YOU DID READ MATCH, SO THEY'RE DIFFERENT. YEAH. OKAY. AND SO ONE, WHEN I GO TO DO THE DOCUMENTS MOTION FOR THIS, I HAVE TO SAY THE THE SINGLE SHEET PASSED OUT AND NOT THE ONE IN OUR PACKET. BUT IF YOU DON'T KNOW WHAT THOSE ARE, YOU COULDN'T GO INTO THE DOCUMENT SYSTEM AND TELL WHICH ONE WAS WHICH. OH, OKAY. THAT'S A NO HARM, NO FOUL TONIGHT, BUT THIS COULD BITE US SOMETIME IN THE FUTURE. IT'S REALLY INTERESTING THAT YOU COULD READ MINE AND HAVE NOT HAD DIFFERENT DATES BACK OUT. YEAH. THAT IS THAT IS AN ISSUE CLEAR ABOUT WHAT I IT'S CLEAR TO ME. WE CAN TALK ABOUT IT. WE CAN TALK. WE DON'T WE IT'S A VALID POINT. WE DON'T TYPICALLY TRACK THINGS USING THAT INFORMATION. IT'S WHATEVER'S IN THE PACKET OR WHATEVER IS PROVIDED DURING THE MEETING. BUT I UNDERSTAND THE CONCERN. I WOULD EXPECT AT LEAST A SAVE DATE OR SOMETHING. 
          SURE. IT'S A DIFFERENT FILE. SO DIFFERENTIATE WHICH FILE WE WERE TALKING. IT'S JUST A UNLESS IT HASN'T BEEN SAVED, IT'S BEEN SAVED. THE RED LINE WASN'T SAVED. THEN IT WOULD BE STILL UNDER THE. IF IT WAS JUST PRINTED OFF THE SYSTEM, IT'S PRINTED OFF. IT'S. THAT DATE IS GENERATED WHEN WE PULL IT DOWN FROM THE CITY CODE WEBSITE. YEAH. AND THEN WE OPERATE OUTSIDE OF THAT WORD DOCUMENT. SO IT'S NOT LIKE EVERY TIME WE GO TO THAT WORD DOCUMENT, IT'S GENERATED. THIS WAS THIS WAS CREATED FEBRUARY 2ND. I'M SURE THAT YOU ALL HAVE WORKED ON THIS SINCE THEN. CORRECT. SO THIS, THIS METADATA JUST I WOULD PROPOSE THAT WE INCLUDE IN THE RECORD THE ORIGINAL THAT WAS THAT WAS NOT SPLIT. AND THEN THE NEW VERSION THAT'S SPLIT AND MAKE IT CLEAR ON THE RECORD THAT WHAT WE'RE VOTING ON IS THE MORE RECENTLY SPLIT 
          [01:35:04]
VERSION NOTWITHSTANDING WHAT APPEARS TO BE AN ODDITY IN THE IN THE METADATA. GO FOR IT, DAVE. OKAY, I DID I DID HAVE A QUESTION THOUGH. I WANTED TO JUST CLARIFY. I THINK I'M CLEAR ON IT. I NOTED IN THE, THE RESEARCH THAT WHEN YOU LOOKED AT OTHER LOCAL CITIES AND COMMUNITIES THAT THEY HAD SIMILAR BUT SOMEWHAT DIFFERENT APPROACHES. A COUPLE OF THEM, I THINK DUBLIN HAD SORT OF A BY CONSENT. I'M NOT I DON'T REMEMBER, I READ IT YESTERDAY, BUT BUT I JUST WANT TO MAKE SURE THAT THE WAY WE'RE REVISING IT IS IT'S ALWAYS GOING TO COME TO PLANNING COMMISSION, IS THAT RIGHT? CORRECT. AND THE REASON I ASKED THAT IS BECAUSE IF THAT WASN'T GOING TO BE THE CASE, I WOULD WANT TO INCLUDE SOME SORT OF PROVISION THAT WHATEVER THE BASIS IS GIVEN, WOULD HAVE TO BE UNDER OATH. IF THEY HAVE TO COME TO THE COMMISSION, THEY WILL BE SWORN TO TELL THE TRUTH. AND THEN THE REASON THEY'RE GIVING US WILL BE A WILL BE A SWORN REASON. SO AS LONG AS IT'S ALWAYS GOING TO COME TO COMMISSION, WHICH IT SEEMED TO ME WHAT THE CASE WAS CORRECT. I'M OKAY WITH IT. OTHER QUESTIONS? ALL RIGHT. I'M GOING TO TREAT THIS LIKE AN AMENDMENT WHERE I'M GOING TO PUT THE DOCUMENTS INTO THE RECORD AS A SEPARATE MOTION FROM THE VOTE ON RECOMMENDING THE DOCUMENTS. 
          I THINK THAT MAKES SENSE. OKAY, SO I MOVED TO PUT THE DOCUMENTS INTO THE RECORD, NOTING THAT WE HAVE TWO VERSIONS OF THIS. ONE IS A SINGLE PARAGRAPH, THE OTHER IS SPLIT A AND B, AND WE WILL BE VOTING ON THE PART THAT IS SPLIT. SO THAT'S THE DOCUMENTS GOING INTO THE RECORD. 
          DO I HEAR A SECOND ON THE DOCS SECOND. OKAY. ANY DISCUSSION ON THE DOCUMENTS TO THE ROLE, MR. KIRBY? YES, DOCTOR. YES, MISS BRIGGS. YES. MR. WALLACE. YES. MR. LAWSON. YES, YES. THE MOTION PASSES WITH ALL VOTES TO ADMIT THE DOCUMENTS. OKAY. DOES ANYONE WANT TO MAKE A MOTION ON THE CHANGES TO CODIFIED ORDINANCE 1159? THIS IS A RECOMMENDATION TO COUNCIL, I BELIEVE. NOT A MOVE FOR APPROVAL PER SE. CORRECT. OKAY. I MOVE WE RECOMMEND TO COUNCIL THE CHANGES THAT WE'VE JUST DISCUSSED TO CODIFIED ORDINANCE CHAPTER 1159. DO I HEAR A SECOND? SECOND, ANY DISCUSSION ON THE RECOMMENDATION TO THE ROLL, PLEASE, MR. KIRBY? YES. 
          MR. WALLACE? YES, MISS BRIGGS. YES, DOCTOR. YES, MR. LAWSON. YES, YES. THE MOTION PASSES WITH ALL VOTES TO RECOMMEND THE CITY CODE UPDATE TO CITY COUNCIL TAKES US TO OUR ANNUAL ORGANIZATIONAL MEETING. AND WE'RE ALL HERE FOR IT. ABOUT THAT. ALRIGHT. ANYONE WANT TO NOMINATE A CHAIR? I WOULD NOMINATE NEAL KIRBY TO BE OUR SECOND THE CHAIR AND CONTINUING THAT POSITION. ANY OTHERS? OH, ACTUALLY THAT WAS A MOTION. ANY DISCUSSION ON THE MOTION TO THE ROLE, MR. WALLACE? YES, MISS BRIGGS. YES, DOCTOR. CYCLE. YES. MR. LARSEN. YES. MR. KIRBY. YES. 
          THANK YOU. YES. THE MOTION PASSES ALL VOTES TO ELECT MR. KIRBY, THE CHAIR OF THE NEW ALBUM PLANNING COMMISSION. VICE CHAIR. I'LL MOVE TO NOMINATE DAVID WALLACE FOR VICE CHAIR. 
          I'LL SECOND. ANY DISCUSSION HERE. THE ROLL, PLEASE, MISS BRIGGS. YES, MR. LARSEN? YES, DOCTOR. YES, MR. WALLACE? YES, MR. KIRBY. YES, YES. MOTION PASSES WITH ALL VOTES TO ELECT DAVID WALLACE, VICE CHAIR OF THE PLANNING COMMISSION. SO I'M DOING THIS. I MOVE THAT WE RETAIN OUR CURRENT SCHEDULE AND TIMES OF MEETINGS. AND I'M SORRY, I WAS DOING THE ONES THAT I COULD REMEMBER. OH, THERE WE GO. THANK YOU. I WASN'T IN THE PACKET. MAYBE SARAH SHOULD GET A SECOND TO REMIND US RIGHT NOW. WAS IT HANS? GREAT, I DO THAT. WHO WAS IT? WAS IT HANS? YEAH. OKAY, I NOMINATE HANS AGAIN. I MEAN, HE CAME LAST NIGHT. I KNOW HE WAS HERE. DOES ANYBODY WANT SORT OF A SECRETARY AND I CAN. I THINK NEIL AND I CAN SPEAK AND AS SARAH CAN THAT THE SECRETARY LET THEM DO THEIR THING. I THINK. SARAH RAISED HER HAND, I SAW IT. THEY MIGHT HAVE TO CHEER THE MEETING UP WITH NEIL AND BRUCE, OR. EXCUSE ME, BOTH NEIL AND I ARE GONE. YES. DO WE HAVE A NAME? BRUCE. BRUCE WILL DO IT. OKAY. NOMINATE BRUCE AND MOVE TO NOMINATE BRUCE SERVICE SECRETARY. I WILL SECOND ANY DISCUSSION ON THAT MOTION TO 
          [01:40:07]
THE ROLE, PLEASE. DOCTOR SEGAL. YES, DAVID. DAVID. SORRY I MESSED UP MISS BRIGGS. YES. NO, I DON'T THINK I VOTED YET. YEAH. DOCTOR. YES. ALL RIGHT THEN I VOTED YES. ALL RIGHT, MR. LARSEN. YES, MR. KIRBY. YES, YES. THE MOTION PASSES WITH ALL VOTES TO ELECT BRUCE LARSEN, SECRETARY OF THE NEW ALBANY PLANNING COMMISSION. OKAY. I MOVE THAT THE MEETING SCHEDULE AND TIME. ONE MORE THING. WE GOTTA DO. THE BCA LIAISON. LIAISON. THIS ONE WAS LISTED HIGHER THAN. OH, YEAH. THAT'S RIGHT. I PUT IT ON MY PAPER. EXCUSE ME. WE'RE VERY EXCITED TO FIND OUT. THIS IS USUALLY THE EASIEST PART OF THE MEETING. EVERYBODY'S TIRED. CAN WE DO THE LIAISON SO WE STOP ASKING ABOUT IT. SO I'VE MOVED THAT WE RETAIN OUR CURRENT MEETING SCHEDULE. DO I HEAR A SECOND? GO AHEAD, SARAH, A SECOND. OKAY. AND DISCUSSION. THE MOTION TO THE ROLL, PLEASE, MR. KIRBY. YES, MISS BRIGGS? YES, MR. WALLACE? YES, DOCTOR. YES, MR. LARSEN. YES, YES. HAVE IT. MOTION PASSES TO RETAIN THE CURRENT MEETING TIME, DATE AND LOCATION. AND WE NEED A BCA REPRESENTATIVE. THAT WAS ALSO HANS, WAS IT NOT? IT WAS. HANS WAS THE BCA REP. THE BCA MEETS THE FOURTH MONDAY OF THE MONTH. I THINK THEY DON'T. THEY DON'T MEET EVERY MONTH AND THEY'RE USUALLY VERY SHORT MEETINGS. THEY'RE USUALLY VERY FUN. AND I DID IT AND THEY MEET AT 630. THEY MEET AT 630. I DID IT FOR MANY YEARS. AND IT WAS IT WAS GREAT. IT WAS LIKE ONE OF THE BEST PARTS OF MY JOB. IT'S VERY. ALL RIGHT. WELL, I GUESS THAT'S ME ALL RIGHT. UNLESS OUR NEW MEMBER IS INTERESTED, I AM. GOOD. OKAY. YEAH. THANK YOU. 
          THANK YOU SO MUCH. I'LL NOMINATE SARAH FOR BCA LIAISON. DO I HEAR A SECOND FOR THAT? I SECOND OKAY. ANY DISCUSSION ON THE MOTION? MR. KIRBY? YES, DOCTOR. YES, MR. WALLACE. YES, MISS BRIGGS. YES, MR. LARSEN. YES, YES. THE MOTION PASSES WITH ALL VOTES TO APPOINT SARAH, 
          [VIII. Poll members for comment]
A LIAISON FOR THE NEW ALBANY PLANNING COMMISSION. CONGRATULATIONS. THANK YOU. 
          PAUL. MEMBERS FOR COMMENT. I'LL START AT THIS END OF THE TABLE. OH, CONGRATULATIONS TO YOU ALL. 
          FIRST. YES, SIR. NOTHING FOR ME. THANK YOU. CONGRATULATIONS AND WELCOME ABOARD. THIS WAS A REASONABLY REPRESENTATIVE, REPRESENTATIVE MEETING OF SOME THINGS THAT YOU KNOW WHAT I CALL THE PITCHFORKS AND TORCHES CROWD. SOME PEOPLE WERE HAPPY WITH THINGS. AND SOME OF THE DETAILS THAT WE GO OVER. SO WELCOME ABOARD. THANK YOU. THANKS FOR VOLUNTEERING FOR THAT, CHRIS. YEAH. THANKS EVERYBODY FOR EVERYTHING. IT'S BEEN GOOD.
* This transcript was compiled from uncorrected Closed Captioning.