* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. OKAY, SO [00:00:01] WE ARE GOING TO CONTINUE [ AGENDA CITY PLANNING COMMISSION City Hall - Council Chambers 6131 Taylorsville Road December 15, 2020 6:00 P.M. ] ON WITH A ROLL CALL. OKAY. MISS UP HERE, MS. THOMAS HERE, MS. VARGO HERE. MR. WALTON HERE, MY OPENING REMARKS. I'D LIKE TO THANK MR. JEFFRIES, UH, FOR, UH, CHAIRING OUR LAST MEETING. THANK YOU, JIM. UM, I'VE BEEN ASKED TO INTRODUCE OUR COMMISSIONERS. UM, MY NAME IS TERRY WALTON. I'M THE CHAIR. UH, MR. JEFFRIES, WOULD YOU PLEASE INTRODUCE YOURSELF? I AM JIM JEFFERIES. I'M SANDY UP. MS. VARGO JAN VARGO HERE AND MS. THOMAS. HI, CHERYL THOMAS. THANK YOU. THAT'S MY OPENING REMARKS. IS THERE ANY OTHER OPENING REMARKS BY THE COMMISSION AND HEARING NONE? WE'LL MOVE ON TO, UH, SWEARING A WITNESSES. I ANNOUNCED IN ACCORDANCE WITH THE RULES OF THE PLANNING COMMISSION, ANYONE WHO MAY WISH TO SPEAK OR GIVE TESTIMONY REGARDING THE ITEMS ON THE AGENDA THIS EVENING NEEDS TO BE SWORN IN. SO I ASK EVERYONE TO STAND, RAISE THEIR RIGHT HAND AND RESPOND. I DO TO THE FOLLOWING. DO YOU HEREBY SWEAR OR AFFIRM ON THE THREAT OF PERJURY TO TELL THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH SO HELP YOU GOD, I DO. I DO. THANK YOU. OUR FIRST ITEM, UH, UNDERPINNING BUSINESS IS A MAJOR CHAIN. THE APPLICANT PALER AND WEIGHING IS REQUESTING APPROVAL FOR THE BASIC DEVELOPMENT PLAN FOR THE OAKS OF HUBER HEIGHTS. PROPERTY IS LOCATED AT THE CORNER OF FITCHBURG AND BELL FOUNTAIN ROAD, ZONING FACED 20 DASH 31. MR. FALCO. THANK YOU. AND GOOD EVENING. I'M GOING TO TRY TO SHARE MY SCREEN NOW, SEE IF THIS WORKS RIGHT. DO YOU SEE A SLIDESHOW? YES. OKAY, GOOD. OKAY. SO, UH, WHAT WE HAVE TO DO HERE TODAY IS A CASE THAT WAS TABLED AT OUR LAST PLANNING COMMISSION. UH, THAT'S A MAJOR CHANGE FOR, UH, THE OVERALL DEVELOPMENT AS THE OAKS OF HUBER HEIGHTS. THE APPLICANT IS ASKING TO ONE OF THE DISCUSSION POINTS LAST TIME WAS WHAT THE TITLE WAS. UM, SO THEY ALL HAVE COME UP WITH A PROJECT TITLE OF A, UM, APOLOGIZE IF I PRONOUNCE THIS WRONG, BUT, OR ON JURY COURTYARD. UM, AND SO THAT'S WHAT, UH, THIS DEVELOPMENT WILL BE CALLED, BUT IT'S A STILL, UM, PART OF THE, THE ORIGINAL APPROVAL WAS THE OAKS OF HUBER HEIGHTS FOR THIS WHOLE AREA FOR, SO FOR ZONING PERSPECTIVE, THAT THIS IS A MAJOR CHANGE TO THAT, UH, ORIGINAL DEVELOPMENT, UM, WHICH WE WILL, UH, GO THROUGH A LITTLE BIT. WE DISCUSSED IT A LOT AT THE LAST MEETING. THERE WAS A LOT OF, UM, COMMENTS BACK AND FORTH, AND THEY HAVE COME BACK WITH SOME REVISIONS AND SOME NEW PLANS THAT, UH, UH, HOPEFULLY ANSWERED SOME OF THOSE QUESTIONS THAT WERE, UH, BROUGHT UP AT THE LAST MEETING. UH, SO WE ARE AT THE, UH, NORTHWEST CORNER OF FISHBURG AND BELL FOUNTAIN ROAD. UH, THIS IS CURRENTLY A VACANT PARCEL OF LAND. THIS WAS SPLIT OFF OF THE ORIGINAL OAKS DEVELOPMENT. IT WAS ORIGINALLY SUPPOSED TO BE SINGLE FAMILY, RESIDENTIAL PROPERTIES, UM, BUT THEN GOT A, UH, SPLIT OFF AND APPROVED FOR A CHURCH USE. SO, UM, THAT'S, UH, THE CURRENT ZONING OF THE PROPERTY IS TO ALLOW FOR A CHURCH USE. UM, BUT THE, UH, THE REQUEST IS TO BRING IT BACK TO A SINGLE FAMILY, RESIDENTIAL SUBDIVISION. SO IN THAT, THIS, UH, WHAT YOU'RE SEEING NOW, THIS IS THE ORIGINAL PLAN THAT SHOWED, UH, CONNECTIONS THROUGHOUT. UM, BUT THE, UH, THE OAKS ITSELF HAS BEEN COMPLETELY DEVELOPED. NOW, SECTION NINE, THE CONSTRUCTION OF THAT IS UNDERWAY. THE STREETS ARE IN AND THEY JUST RECORDED THE PLAT JUST, UH, EARLIER THIS WEEK, I BELIEVE IT WAS YESTERDAY, THEY GOT IT RECORDED. UM, SO THEY ARE GOING TO START SELLING HOUSES IN THE LAST SECTION THERE. SO THERE IS NO OPPORTUNITY FOR ANY INTERIOR STREET CONNECTIONS NOW BECAUSE EVERYTHING'S BEEN PLANTED ON THE EXISTING OAKS DEVELOPMENT ITSELF. SO THIS IS A WE'LL CALL IT A STANDALONE PIECE THAT, UH, DOES NOT HAVE ANY PUBLIC ACCESS TO ANY OF THE SURROUNDING [00:05:01] NEIGHBORING LOTS. UH, SO ANY ACCESS WILL HAVE TO COME OFF OF FITCHBURG AND BOTH FOUNTAIN ROADS. SO HERE'S A REVISED PLAN THAT WAS SENT IN, UH, BASED ON SOME OF THE COMMENTARY AT THE LAST MEETING. UM, SOME OF THE THINGS YOU'LL NOTICE IS THE ADDITIONAL BUFFERING THAT IS BASICALLY COMPLETELY SURROUNDING THIS SITE. SO YOU HAVE, UM, FROM BEFORE HAD SOME OF THE REAR LOTS THAT HAD, UH, SOME OF THAT BUFFERING AND THIS CONTINUE IT DOWN, THAT WESTERN EDGE AS WELL, PLUS, UH, ADDED THE BUFFERING THAT, UH, MATCHES THAT MOUNDING. UM, THAT WAS THE REQUIREMENT THAT'S IN FRONT OF, UM, THE OVER ON THE BELL FOUNTAIN SIDE. AND THEN ALSO WE'LL BE ON THE FISHBURG SIDE OF THE EXISTING LOTS, UH, THAT, UH, HAS SOME OF THAT BUFFERING, UM, HAS A, UH, DETENTION AREA THAT IS LOCATED CATERED AT THE NORTHEAST CORNER OF THAT SITE. UM, THAT IS NOT, UH, CHANGING THE NUMBER OF LOTS IS NOT ASKING TO BE REVISED IT'S 46. UM, ONE OF THE THINGS THAT, UH, THEY ARE REQUESTING IS THAT THE STREETS BE PRIVATE STREETS. UH, IT'LL STILL HAVE A STREET SECTION THAT, UM, MIRRORS A PUBLIC STREET, BUT, UH, THEY ARE LOOKING TO, UH, NOT PUT IN THE INTERIOR SIDEWALKS, UH, WITH THIS. UM, AND AS A PART OF THAT, UH, THE DISTANCE FROM THE CURB BACK TO THE HOUSE, ONE OF THE REQUEST IS FOR A 20 FOOT SETBACK. UM, IF THERE ARE NO SIDEWALKS LOCATED WITHIN THIS DEVELOPMENT AT, UH, THE PUBLIC RIGHT OF WAY, THAT DOES GIVE MORE ROOM FOR, UH, VEHICULAR PARKING, UH, MOUNTAIN FRONT OF THE HOUSE. SO WHAT IT'LL APPEAR TO BE WOULD BE MORE LIKE A 27 AND A HALF, OR ACTUALLY, UM, IT'D BE ABOUT 31 AND A HALF FEET FROM CURB TO FRONT OF HOUSE, UH, DUE TO WHAT YOUR TYPICAL, UH, SIDEWALK AND WHAT WE CALL THE TREE LAWN THAT AREA FROM THE CURB, UM, DOES HAVE OPEN SPACE IN THE CENTER THAT, UH, IS JUST, UH, UH, RIGHT NOW FOR, UM, Z THESE ZONING PERS PURPOSES IS JUST A, WE'LL CALL IT PASSIVE OPEN SPACE. THERE IS NOT A PROPOSAL AT THIS TIME FOR, UM, ANY KIND OF PLAYGROUND EQUIPMENT OR ANY OF THAT KIND OF THING. UM, SO, UM, THIS DEVELOPMENT DOES, UH, HAVE, OR WILL HAVE ALL CONNECTIONS TO PUBLIC UTILITIES. SO PUBLIC SANITARY, PUBLIC WATER, UH, THE, THERE IS SUFFICIENT CAPACITY IN OUR SEWER SYSTEMS FOR WATER AND SEWER, UH, TO HANDLE THIS KIND OF DEVELOPMENT. SO, UM, AND THOSE, UH, MAINS ARE LOCATED OUT AT, UH, BELL FOUNTAIN OR FITCHBURG SO THAT THEY WILL CONNECT INTO THE FINAL DETAILS OF THOSE WOULD COME BACK IN THE DETAILED DEVELOPMENT PLAN PHASE. UM, SO WITH THAT, UM, ONE OF THE THINGS THAT WAS TALKED ABOUT WAS THE BUFFERING HERE IS THE ACTUAL BUFFERING OUTSIDE, UH, OF THE, UH, SECTION ONE OF, UH, THE OAKS DEVELOPMENT. SO THIS IS WHAT THAT REQUIREMENT, UM, THAT'S IN THE ORIGINAL APPROVAL IS. SO AS YOU SEE THAT A LOW MOUND WITH A GROUP OF TREES ON TOP OF IT. SO THIS SHOWS A, WHAT IT'LL LOOK LIKE YEARS DOWN THE ROAD AFTER IT'S BEEN BUILT OUT, AND THIS IS WHAT THEY'RE PROPOSING TO GO ALONG THE FRONTAGE AND ALONG THE REARS OF THOSE PROPERTIES. SO, UM, THERE IS, UH, WITH HAVING, UM, SOME OF THOSE, UH, ARE PROVIDE A AND A, YOU KNOW, THOSE, THOSE TYPES OF TREES ON THERE PROVIDES THAT, UH, VISUAL BUFFER, UH, ALL YEAR ROUND, UM, THAT, UH, UH, ESPECIALLY LIKE IN THE WINTER TIME WHEN OTHER TREES WOULD BE DROPPING THEIR LEAVES. SO THIS IS JUST TO SHOW YOU WHAT THAT, UH, EVENTUALLY LOOKS LIKE. AND AS YOU CAN SEE, UM, THERE'S A MINIMAL, UH, POCKETS THERE TO LOOK THROUGH TO THE OTHER SIDE. HMM. THERE IS A, A, UH, A FLOOR PLAN OF WHAT THEY ARE PROPOSING FOR THE HOUSES THEMSELVES, THESE HOUSES, WHAT A DIFFERENCE YOU'LL SEE BETWEEN THIS AND SOME OF THE STANDARD HOUSES WITHIN THE OAKS IS THIS IS A, WE'LL CALL IT A LONGER PRODUCT AND NOT AS WIDE, BUT THE OVERALL SQUARE FOOTAGE IS LARGER THAN THE MINIMUMS FOR THE OAKS ITSELF. SO IT MEETS THE REQUIREMENTS FOR SIZE OF WHAT, UH, HAS BEEN APPROVED THROUGHOUT THE OAKS DEVELOPMENT. SO THESE HOUSES, LIKE I SAID, ARE LARGER, UM, THAN, UH, SOME OF THE HOUSES THAT ARE, UH, WITHIN THE OAKS THEMSELVES. THIS IS A, A SINGLE-STORY PRODUCT. UH, THEY ARE NOT PROPOSING TO DO ANY TWO STORY HOUSES WITHIN THIS. UH, THEY, UH, PART OF THE DISCUSSION LAST TIME, UM, WAS ABOUT WHAT'S, UH, [00:10:01] HOW THESE HOUSES THEMSELVES IN ON THE LOTS, THE LOTS ARE SMALLER, UH, IN WIDTH THAN WHAT THE, UM, CURRENT OAKS, SO DIVISION IS. BUT, UH, THIS KIND OF EXPLAINS THE THOUGHT PROCESS IN THAT WITH THIS BEING A LONGER HOUSE, THERE'S NOT THE NEED FOR AS MUCH OF THE SIDE YARD. AND WITH IT BEING A LONGER LOTS, THERE WAS A QUESTION ABOUT HOW THIS AFFECTS THE REAR YARDS AND THEY, UH, THEIR DESIGN IS TO PUT, WE'LL CALL IT. THE BACK PATIO IS MORE OF A SIDE PATIO. SO IT'S THE SIDE YARD SPACE THAT, UH, THEY ARE LOOKING AT, UH, WHERE THERE COULD BE, YOU KNOW, THINGS LIKE GRILL, PATIO TABLES, THOSE KINDS OF THINGS. SO THAT DOES NOT, UH, PUSH OUT ENCROACHING INTO THAT REAR YARD. UM, SPEAKING OF THE REAR YARD, THE, UH, REQUEST IS FOR A 25 FOOT REAR YARD SETBACK, THE, UH, JUST THE DISTANCE ITSELF. UM, THERE'S STILL, UM, MORE ROOM THAN JUST 25 FROM THE BACK OF THIS HOUSE, UH, WITH THE TYPICAL DIMENSIONS THAT ARE PROPOSED, UM, GOING WITH A 20 FOOT FRONT YARD, AND THEN THESE HOUSES BEING ABOUT 70 FOOT IN DEPTH. UM, YOU, YOU STILL HAVE, UH, ANOTHER, UH, UH, ALREADY SET. THERE WAS STILL, UM, I BELIEVE IS ABOUT 16 AND A HALF FEET OF REAR YARD BEFORE YOU GET TO BUFFER SPACE, THE HOUSES THEMSELVES, UM, UH, COMBINATION OF MATERIALS, UH, THAT WAS A DISCUSSION ABOUT, UH, WILL IT, UH, MATCH IN MATERIALS OF WHAT'S A APPROVED FOR THE OAKS? UM, THE, THE STAFF RECOMMENDATION FOR THIS WOULD BE THAT, UH, IT DOES MEET THAT, UH, TRYING TO GET TO THE RIGHT. OKAY. I'M SORRY. UM, THAT ALL HOUSES SHALL BE CONSTRUCTED WITH A MINIMUM OF 25% MASONRY AT THE EXTERIOR OF THE HOUSE. THAT IS THE SAME AS WHAT'S THE, UH, THE OAK SUBDIVISION IS. UM, AND THEN ALSO ANOTHER ONE OF THE REQUIREMENTS, UM, THAT'S PROPOSED IS ALL THE SINGLE STORY HOUSES AT THE CORNER, LOTS AT THE ENTRANCES TO, UH, BELL FOUNTAIN AND FITCHBURG ROAD SHALL HAVE 50% MASONRY ON THE EXTERIOR, UM, EXCEPT ON THE TRIM SOFFITS GABLES, ET CETERA, THIS MATCHES, I THINK WE MAY HAVE LOST MISS OUT, BUT WE'LL SEE IF WE GET HER BACK. BUT, UM, THAT, THAT MATCHES A, ANOTHER PART OF THE, UH, RESTRICTIONS FOR THE EXTERIOR, LOTS FOR THE OAKS THEMSELVES, UM, DID A DRIVE THROUGH AND SEE A TYPICAL HOUSE IN THE OAK SUBDIVISION HAS A MASONRY ON THE FRONT, AND IT WRAPS AROUND A COUPLE OF FEET ON THE SIDES, BUT THE MAJORITY HAVE ALL VINYL ON THE SIDES AND REAR OF THOSE HOUSES. UM, SO THIS, UH, WITH, UM, THE RESTRICTIONS PUT INTO THE, UH, PROPOSED DECISION RECORD, THIS WOULD, UH, MATCH THAT, UH, SIMILAR, UH, UH, PRODUCT LINE. AND, UM, AS IT'S CALLED OUT FOR MASONRY MATERIALS, UH, JUST, UH, AS, AS YOU REMEMBER, THAT'S NOT JUST BRICK OR JUST STONE. IT COULD BE ANY NUMBER OF MASONRY TYPE MATERIALS, AND YOU'LL SEE THAT AS WELL AS YOU DRIVE THROUGH THE OAKS, THE, UM, THAT THERE ARE SEVERAL DIFFERENT, UH, STYLES THAT PEOPLE HAVE CHOSEN, UH, FOR WHAT THOSE MASONRY MATERIALS ARE. EACH HOUSE HAS A GARAGE TO IT. UM, AND FRONT-LOADED GARAGE THAT COMES IN OFF THE STREET. NOW, UM, WHAT I DID IS WE RECEIVED, UM, QUITE A FEW EMAILS OR LETTERS FROM NEIGHBORS. SO WE DID NOTIFY AS PART OF OUR PUBLIC NOTIFICATION PROCESS, UM, THE, THE OAKS SUBDIVISION AND ANYBODY ELSE WITHIN A 200 FOOT RADIUS BEYOND THAT. AND THERE WERE CONCERNS, AND I JUST PUT TOGETHER A LIST OF SOME OF THOSE CONCERNS, AND I WAS GOING TO POINT THOSE OUT TONIGHT TO MAKE SURE THAT THEY ARE PART OF THE RECORD OF, UH, AND SOME OF THOSE ARE, UM, THINGS THAT WE CAN DISCUSS AS PART OF THE ZONING, BUT SOME OF THEM DON'T HAVE ANYTHING TO DO WITH, UM, A ZONING DECISION. UM, SO IF YOU'RE OKAY WITH IT, I'LL RUN THROUGH, UH, SOME OF THESE, UM, THE FIRST PART IS ABOUT THE, THE SIZE CHARACTER AND DENSITY OF HOMES CURRENTLY IN THE OAKS. SO I ALREADY TALKED ABOUT THAT THESE ARE LARGER THAN THE MINIMUM HOUSE SIZE IN THE OAKS. UM, THE PROPOSED DECISION RECORDS, SO THE SAME BUILDING MATERIALS STANDARDS, UM, BUT THIS SECTION IS A LITTLE BIT MORE DENSE THAN THE REST OF THE OAKS SUBDIVISION. SO THERE'S [00:15:01] A 46 PROPOSED HOMES HERE. UM, SO, AND THEY ARE A LITTLE BIT CLOSER TOGETHER THAN WHAT THE OAKS SUBDIVISION IS THE VALUE OF THE HOMES. UM, I DID THE LIMITED RESEARCH ON SOME OF THE NEWER, UM, RENTAL PROPERTIES AND HOW IT AFFECTED THE, UM, UH, THE TAX VALUE. AND, UM, LIKE I SAID, THIS WAS JUST LIMITED RESEARCH. SO SHOW THAT THERE WAS NO DECREASE IN HOME VALUES WHERE THE NEW RENTAL PROPERTIES WERE BUILT COMPARED TO SIMILAR AREAS, DISTANCE FROM RENTAL DEVELOPMENT. SO LIKE I SAID, THIS IS NOT A TRUE STUDY, UM, OR A VALIDATED STUDY. IT WAS LOOKING AT A, THAT, LIKE, LIKE THAT NEW APARTMENT COMPLEX THAT WENT IN NEXT TO PARKTOWN THOSE HOUSES THAT ARE RIGHT THERE, UM, RIGHT NEXT TO IT, THE, UH, TAX VALUE, UM, ACTUALLY INCREASED OVER AT THE TIME PERIOD OF WHEN THOSE WERE INSTALLED. SO, UM, THINGS LIKE THAT. SO I CANNOT GUARANTEE A VALUE OF A HOME, BUT, UM, THAT'S JUST, LIKE I SAID, SOME, SOME LIMITED, UH, LOOK INTO THAT LOT SIZES AND NUMBER HOMES. WE TALKED ABOUT THAT, UM, SOMEBODY HAS TO TALK ABOUT THE HOMEOWNERS ASSOCIATION THAT'S IN PLACE IN THE OAKS. THIS WOULD BE A SEPARATE DEVELOPMENT. SO THAT THERE'LL BE A SINGLE OWNERSHIP GROUP THAT OWNS EVERY SINGLE LOT HERE THAT HAS A SET OF STANDARDS FOR MANAGEMENT THINGS LIKE, UH, THEY WILL NOT, THEY WILL BE IN CHARGE OF MOWING THE, UH, THE, THE HOUSE THEMSELVES, THE, UM, AND THEY WILL FOLLOW THE SAME REQUIREMENTS THAT ALL SINGLE FAMILY DEVELOPED, SINGLE FAMILY HOME DEVELOPMENTS FOLLOW FOR PROPERTY MAINTENANCE. UM, THAT'S OUR CODE ENFORCEMENT DEPARTMENT, UH, WILL, UH, FOLLOW UP ON ANY OF THOSE KINDS OF ISSUES. UM, THE RETENTION AREA, THERE'S SOME CONCERNS ABOUT DRAINAGE. UM, BACK WHEN SECTION TWO, SECTION TWO OR THREE, I BELIEVE CAME IN, UM, ALONG THAT BACK PROPERTY LINE KIND OF A SMALL SWALE WAS PUT IN, UM, THAT IN-BETWEEN THESE TWO PROPERTIES TO HANDLE THE WATER THAT GOES DOWN TO THAT EXISTING DETENTION BASE IN THAT FRONT SOUTH ON BELL FOUNTAIN ROAD. THIS DEVELOPMENT WILL, UH, BASICALLY CURRENTLY THIS DEVELOPMENT ALL FLOWS INTO THAT AREA, THIS, UM, SO SOME OF THIS, UH, FLOW GOES INTO THE BACKYARDS INTO THAT, UH, SWALE. WHAT THEY WILL DO WITH THIS, WITH THEIR DESIGN IS CATCH THAT WATER IN STORM SEWERS AND TAKE IT TO A NEW, UH, RETENTION AREA, UH, OUT AT THE FRONT. SO THIS WILL ACTUALLY IMPROVE THE REAR YARDS OF, UH, THOSE DEVELOPMENTS AND THAT DETENTION BASIN OUT FRONT. UM, WE'LL ACTUALLY SEE A LITTLE BIT LESS RUNOFF GO TO IT AS WELL. SO IF THAT'S HAVING AN ISSUE WHERE IT'S GOING UP AND, UH, UH, I'M, UH, GOING OVER THE BANKS OR ANYTHING LIKE THAT, THIS WILL IMPROVE THAT SITUATION. UM, WATER DRAINS FROM THE FIELD IS A PROBLEM. I JUST DISCUSSED THAT, THAT, UH, THAT'S, UH, WHERE THAT WATER GOES. NOW, WE'LL GO INTO A, A NEW DETENTION BASIN, UM, WHO WILL MAINTAIN THE BUFFER. UH, THE PROPERTY OWNER WILL MAINTAIN EVERY PART OF THE PROPERTY ITSELF. UM, QUESTIONS ABOUT FINANCING. THE FINANCING IS NOT A BASIS FOR A DECISION IN A ZONING CASE. SO THAT'S NOT SOMETHING WE WILL DISCUSS HERE, UM, THAT, UH, PROMISED A MILLION DOLLAR HOMES BEHIND THE OAKS. UM, I BELIEVE THAT'S A DIFFERENT AREA AND ALSO THE ZONING CANNOT PROMISE A SALE PRICE. UM, THE STANDARDS OF A FULL FRONTAL RAP, NO TWO HOUSES, THE SAME SIDE-BY-SIDE SHEDS MATCHED THE HOMES. THE PROPOSED DECISION RECORD RECOMMENDS THE, UH, MASONRY REQUIREMENTS. UM, THE OAKS DOESN'T HAVE A ZONING REQUIREMENT FOR TWO HOUSES SIDE BY SIDE. CAN'T BE DIFFERENT SO THAT THAT'S NOT AN ISSUE THERE. AND THE OWNER HAS PROPOSED TO PROHIBIT SHEDS WATER AND SEWER. I TALKED ABOUT THAT. THEY'RE CONNECTING TO PUBLIC SEWERS, WHICH DOES HAVE CAPACITY SIDEWALKS EXTENDING TO THE INTERSECTION OF BELL FOUND IN FITCHBURG. THE PROPOSED DECISION RECORD SHOWS THAT, UH, UM, THE RECOMMENDATION IS TO IMPROVE BELL FOUNTAIN AND FITCHBURG, UH, THAT WOULD INCLUDE, INCLUDE SIDEWALKS, UH, AND CURBING. UM, THE APPLICANT IS PROPOSING THAT THEY WOULD INSTALL A SIDEWALK ALONG FITCHBURG. UH, ONLY I SAID THAT THAT DIFFERS FROM THE RECOMMENDATION OF STAFF. UH, WILL THESE HOMES HAVE CENTRAL AIR CONDITIONING? THAT'S NOT AS ZONING REQUIREMENTS, UH, WILL THEY BE BUILT ONSITE OR ARE THEY MANUFACTURED HOMES ONCE AGAIN, NOT A REQUIREMENT OF THE ZONING, BUT BY LOOKING AT THE DRAWINGS, THEY APPEAR TO BE STICK BILL, UM, SIDEWALKS IN FRONT OF HOMES. I DISCUSSED THAT THEY'RE PROPOSING NOT TO HAVE SIDEWALKS ON THE INTERIOR STREET OR STREETS, UM, CHILDREN AND PETS WITH A FENCE FREE NEIGHBORHOOD. UH, THE CITY DOES NOT REGULATE THE NUMBER OF CHILDREN THAT CAN BE IN A HOUSE OR REQUIRE FENCING FOR PETS. THERE IS A REQUIREMENT FOR PETS TO BE LEASHED [00:20:01] OUTDOORS, UM, NO ABOVE GROUND POOLS OR, UM, THERE'S NO PROPOSAL FOR A POOL. UM, THERE'S A REQUEST FOR A SIX FOOT FENCE, MADE A METAL AND PRIVACY SLATS, AS WELL AS A BERM. UM, THAT'S SOMETHING THAT CAN BE DISCUSSED BY PLANNING COMMISSION ABOUT, UH, ANY ADDITIONAL BUFFERING REQUIREMENTS ALONG THE PROPERTY LINES. UH, WE DISCUSSED THE MINIMUM SETBACKS. SOMEBODY TALKED ABOUT A THREE ACRE GREEN SPACE THEY'RE PROPOSING APPROXIMATE 1.7, FIVE ACRES OF OPEN SPACE ACCESS EASEMENTS. THERE WILL BE ACCESS TO THESE MITTS ALONG THE ROADWAYS, UH, TRAFFIC FLOW AND STREET PARKING, UH, TRAFFIC FLOW, UH, GOES BETWEEN TWO ENTRANCES, ONE ALONG FITCHBURG, AND ONE ALONG THE BELT FOUNTAIN AND PARKING WE PROVIDED IN THE DRIVEWAYS. SO IF EACH UNIT, UM, BROUGHT UP ABOUT THAT, THERE ARE RENTAL PROPERTIES. YES, THEY ARE PROPOSED TO BE RENTAL HOMES WITH ONE COMMON OWNERSHIP GROUP. UM, HOW WILL WE GET TO COTTONWOOD PARK AFTER THIS AREA IS CLOSED OFF? UM, NOW THAT SECTION NINE OF THE OAKS, YEAH, AS, UM, IS, UH, UNDER CONSTRUCTION, THERE WILL BE PUBLIC SIDEWALKS THAT GO DOWN THE STREETS THAT, UH, CAN MAKE A CONNECTION THAT CAN CROSS THE STREET. THIS HAS BEEN A PRIVATE PROPERTY TO BEGIN WITH. SO THERE'S NEVER BEEN A PUBLIC ACCESS ACROSS THIS PROPERTY, UM, TO GET ACROSS THE STREETS. SO, UM, THAT'S, UH, AND, UH, EVEN WITH, UH, THE PROPOSED CHURCH PROPERTY, THERE WAS NEVER A, UH, UM, I NEVER SAW A PROPOSED A WALKWAY OR ANYTHING THAT WENT DIRECTLY FROM THE BACK OF THE OAKS HOUSES THROUGH THE PROPERTY TO GET ACROSS THE STREETS, UM, TREMENDOUS TURNOVER AND HIGHER CRIME RATES, THE RESIDENCE SAFETY. I, I CAN'T SPEAK ON THAT ONE WAY OR THE OTHER, UM, UH, WHO IS THE BUILDER? THE BUILDER IS NOT A REQUIREMENT FOR ZONING CASES. UM, WHAT, UH, YOU APPROVE IN ZONING IS THE SPECIFICATIONS ABOUT WHAT THE HOUSES, UH, HAVE TO FOLLOW, LIKE THE MASONRY REQUIREMENT AND THE SIZE AND THAT KIND OF THING. UM, AND AN EXAMPLE IS THE OAKS THEMSELVES THAT STARTED OUT WITH INVERNESS HOMES BUILDING, AND THEN FISHER TOOK OVER A DIFFERENT HOME BUILDER TO BUILD THE HOMES AND THEY, THEY FOLLOW THE SAME SET OF STANDARDS. UH, THE NAME OF THE DEVELOPMENT. TALK ABOUT THAT, THAT BEGINNING, UM, VIEWED AS PART OF THE OAKS. UM, YES, IT'S PART OF THE OVERALL ZONING. UM, BUT THERE IS NO DIRECT CONNECTION BY, UH, WALK OR DRIVE OR ANYTHING LIKE, AND JUST LIKE THE ORIGINAL PLAN FOR THE CHURCH DID NOT HAVE ANY OF THOSE CONNECTIONS AS WELL. THE LAWN RESPONSIBILITY, THAT'S THE PROPERTY OWNER PLAYGROUND. THERE'S NO PROPOSED PLAYGROUNDS. UM, ANY PLANS DEVELOPED NORTH OF THE YOLKS. THAT'S NOT PART OF THIS APPLICATION. UH, NO ROADS SHOULD COME OUT ON FISHBURG. UM, ROAD CONNECTIONS ARE SIMILAR IN LOCATION TO WHAT WAS ON THE CHURCH CONCEPT PLAN. AND TWO ACCESS POINTS ARE PREFERRED FOR A SUBDIVISION LIKE THIS TO SPLIT THE TRAFFIC AND ALSO FOR EMERGENCY ACCESS. SO, UH, FOR EXAMPLE, IF YOU HAVE, UH, AN ACCIDENT THAT'S BLOCKING ONE OF THE ACCESS POINTS, AND THEN SOMEBODY ELSE THAT LIVES IN THE DEVELOPMENT CALLS NINE ONE ONE, BECAUSE THEY'RE HAVING A HEART ATTACK. UM, IF THAT, IF THE ONLY ONE ACCESS POINT WAS BLOCKED, THEN YOU HAVE AN ISSUE WITH TRYING TO GET BACK INTO THE SUBDIVISION, UH, ITSELF, UM, WILL CLASH WITH THE OTHER THREE CORNERS AT THE INTERSECTION. UM, I'M NOT SURE WHAT THE QUESTION WAS THERE, BUT, UH, TWO OF THE CORNERS ARE SINGLE FAMILY RESIDENTIAL NOW, AND THE OTHER IS AN ASSISTED LIVING FACILITY, UM, TRANSITION BETWEEN OTHER AREAS OF THE CITY. YES, TRANSITION AREAS ARE CONSIDERED IN THE ZONING DECISIONS, UM, ABOUT WHAT, UH, UM, HOW IT DOES GET DEVELOPED, UH, PROPER COMPREHENSIVE PLANNING, UM, OUR CURRENT, UH, WHAT'S CURRENT ON THE PLANS, THE 2011 COMPREHENSIVE PLAN DOES CALL FOR THIS PROPERTY TO BE SINGLE FAMILY RESIDENTIAL. AND WHICH IS WHAT IS PROPOSED, UM, LOWER TAX BASE FOR THE CITY. THAT'S NOT A BASIS FOR A DECISION ON A ZONING CASE. UM, IT'S CURRENTLY ZONED FOR A CHURCH. YES. UH, BUT THE CHURCH DECIDED NOT TO MOVE FORWARD WITH THE BUILD AND PUT THE PROPERTY UP FOR SALE FLOOD CONTROL. WE TALKED ABOUT THAT, THAT THIS WILL ACTUALLY IMPROVE, UH, DRAINAGE IN THAT AREA NOISE. THERE'S A CITY NOISE ORDINANCE THAT ALL RESIDENTS MUST FOLLOW AND A DIVERSITY OF TYPICAL HEBREW HEIGHTS NEIGHBORHOOD. UM, THE, THESE HOMES WHAT'S BEING PROPOSED HERE CAN BE BUILT IN MANY HUMAN RIGHTS NEIGHBORHOODS, UH, FOLLOWING, UH, ANY NUMBER OF ZONES THAT WE HAVE, UH, THROUGHOUT THE CITY. SO THERE, UM, THERE IS A DIVERSITY OF, UH, HOMES AND, UH, THIS WOULD FOLLOW THAT. SO, UM, THAT IS PRETTY MUCH ALL A SUMMARY OF ALL THE COMMENTS, UM, THAT WERE BROUGHT UP THROUGH, UM, DISCUSSION. I WANTED TO MAKE SURE THOSE GOT INTO THE RECORD. UM, AND I BELIEVE I'VE GONE [00:25:01] THROUGH THE, UH, THE, THAT THE CHANGES THAT THEY'VE BROUGHT TO BACK AND, UH, BE HAPPY TO ANSWER ANY QUESTIONS. AND I KNOW THAT THE, UH, THE APPLICANT IS ON, AND THEN WE ALSO, UM, UM, INVITED ONE REPRESENTATIVE FROM THE OAKS DEVELOPMENT, WHICH IS A REPRESENTATIVE OF THE HOMEOWNERS ASSOCIATION THAT IS ON THIS, UH, THIS CALL. THANK YOU, MR. BELL. CALCIUM. IS THERE ANY QUESTIONS FROM MY FELLOW COMMISSIONERS FOR STAFF? OKAY. UM, MR. JEFFRIES HAS HIS HAND UP. OH, MR. JEFFRIES, GO AHEAD. JUST A COUPLE OF THINGS, SCOTT. ONE TO CLARIFY, WHEN YOU SAID THAT LAWN MAINTENANCE, IS THAT, CAN YOU HEAR ME CLEARLY? I'M SORRY. I KNOW WE HAD EARLIER. IT WAS A LITTLE QUIET. I CAN HEAR YOU JUST FINE. SO THEY SAID THE LAWN MAINTENANCE WAS GOING TO FALL ON THE OWNER OF THE PROPERTY OWNER, JUST TO CLARIFY GUYS FOR EVERYBODY, THAT'S THE OWNER, NOT THE TENANT OR THE RENTER, RIGHT. SO THE OWNER OF THE ENTIRE, ALL THE UNITS WILL TAKE CARE OF ALL OF THAT AT THE SAME TIME. RIGHT. BUT THAT IS CORRECT. AND THAT IS SIMILAR, UM, THROUGHOUT THE CITY FOR A, WE'LL SAY A VIOLATION PROCESS THAT IF THERE IS AN ISSUE WITH PROPERTY MAINTENANCE, THE VIOLATION GOES TO THE PROPERTY OWNER, NOT A TENANT OF ANY KIND OF RENTAL PROPERTY. AND THEN YOU MENTIONED ALSO THE SETBACKS. SO THE SIDE YARDS, WHEN YOU SAID THE, THE LOTS THEMSELVES WAS ONE OF THE DIFFERENCES, UH, IS IT JUST A LOT WITH BEING SMALLER OR ARE THE SETBACKS TIGHTER ON THE SIDE YARDS VERSUS THE OAKS? YES. THEIR REQUEST FOR FIVE FOOT SIDE YARDS WHERE THE OAKS, IT'S A TOTAL OF 20 IN BETWEEN BUILDINGS. SO YES, THEY, UH, THE HOUSES WILL BE CLOSER TOGETHER THAN WHAT THE APPROVAL FOR THE OAKS IS. OH, OKAY. ANY OTHER QUESTIONS FROM MY, WAS THAT ALL MR. JEFFRIES? I MEAN, I'VE GOT A FEW, BUT SOMEBODY ELSE MIGHT ASK THEM TO, I MEAN, LIKE IF WE'RE DOING NO SIDEWALKS, DOES THAT MEAN THAT THE ROAD IS GOING TO BE WIDER THAN OUR MINIMUM? THE, UH, WELL, THE ROAD ITSELF WOULD COME BACK IN THE DETAILED DEVELOPMENT PLAN FOR THE OFFICIAL DESIGN, BUT A 27 FOOT BACK TO BACK IS WHAT STAFF WOULD RECOMMEND AS A TYPICAL RESIDENTIAL STREET. UM, THEY MAY REQUEST WIDER. UM, BUT THAT WOULD COME BACK IN A DETAILED PHASE, BUT I WOULD RECOMMEND NOT GOING SMALLER. DO YOU KNOW HOW THAT WOULD COMPARE TO WHAT THEY DID LIKE AT THE HARRISON, BY REDWOOD? SO NO, THEY HAVE NO SIDEWALKS ALSO, RIGHT. OR THEIR, THEIR SIDEWALKS ARE UP AGAINST THE CURB. I FORGET WHICH ONE THAT WAS, BUT I KNOW THEY HAVE PRIVATE, IT'S ALSO RIGHT. SURE. SOME THERE'S SOME, A PARTNER FOR THOSE THAT, UH, THERE'S APARTMENT COMPLEX IS UP AT THE EPIC CARRIAGE TRAILS THAT HAVE A, UH, UH, PRIVATE, UH, DRIVES THAT, UH, IT, IT DIFFERS IN SIZE OF ROAD, UM, THAT, UH, THERE ARE, I BELIEVE A LITTLE BIT SMALLER IN SOME AREAS AND LARGER IN SOME AREAS TOO. SO IT'S, IT'S COMBINATION JUST TO CLARIFY THE BUFFERED MOUND AT THE BACKSIDE OF THE PROPERTIES. WHAT'S THE HEIGHT ON THAT. AND IS IT THE SAME AS THE HEIGHT ALONG FISHBURG IN BELL FOUNTAIN, IT'S PROPOSED TO BE THE SAME HEIGHT AS THE REQUIRED, UM, HEIGHT THAT'S OUT IN FRONT, WHICH IS A, THE TWO TO THREE FEET PLUS, UH, THE VEGETATION THAT IS, UH, I BELIEVE UP TO SIX FEET OR, UM, AND THAT'S, THAT'S WHAT IS OUT IN FRONT OF THE OAKS ON BELL FOUNTAIN CURRENTLY. SO THAT MATCHES THE, YES. THANK YOU, MR. JEFFRIES, IS THERE ANY OTHER QUESTIONS FROM THE FELLOW COMMISSIONERS? UH, YES. THIS IS JAN VARGO. I HAVE A QUESTION, UH, ABOUT THE LOT SIZES. UH, I THOUGHT LAST AT OUR LAST MEETING IN THE DISCUSSION THAT THERE WOULD BE NO LOT SIZES, THAT IT WAS ALL GOING TO BE JUST ALL THE HOUSES BUILT SINCE IT WAS OWNED BY ONE OWNER. AM I, AM I MISSING SOMETHING? UH, THAT WAS PART OF THE DISCUSSION THAT WE DID HAVE AT THE LAST MEETING ABOUT THE POTENTIAL OF, WE'LL SAY REMOVING LOT LINES. I DID HAVE A, UH, ANOTHER DISCUSSION WITH THE APPLICANT IN BETWEEN THESE TWO MEETINGS AND, UH, W WE BOTH FEEL THAT HAVING THE, UM, THE LOT LINES AND HAVE THESE AS INDIVIDUAL LOTS IS THE BETTER WAY TO GO FOR A SINGLE FAMILY RESIDENTIAL DEVELOPMENT. SO THAT, THAT, THAT, THAT PROPOSAL [00:30:01] IS STAYING THE SAME. OKAY. AND, AND IS THAT BECAUSE, UH, IF THEY, IF YOU HAVE INDIVIDUAL LOTS, THEN AT A LATER TIME, THEY COULD PERHAPS SELL OFF SOME OF THEM, UM, THAT, THAT IS A POTENTIAL YES. THAT, UH, WITH INDIVIDUAL LOTS, WITH INDIVIDUAL HOUSES, JUST AS EVERY OTHER SUBDIVISION THAT, UH, YOU COULD HAVE, UM, SEPARATE SALES. I UNDERSTAND THAT, BUT, BUT DO YOU KNOW IF THAT WAS A PART OF MAKING THIS DECISION TO GO AHEAD AND DO THE, UM, THAT WAS NOT BROUGHT UP BY THE APPLICANT? NO. AS AN OPTION, THEIR PLAN IS TO OWN THEM ALL. UH, THEY HAVE NOT GIVEN ANY INDICATION OF TRYING TO SELL OFF ANY INDIVIDUAL ONES IN THE FUTURE. THANK YOU. ARE THERE ANY OTHER QUESTIONS FOR STAFF FROM PLANNING COMMISSION, MR. JEFFRIES, PLEASE MUTE YOURSELF. SORRY. I THOUGHT I DIDN'T HIT THE, HIT THE BUTTON. I REMEMBER ONE OF THE QUESTIONS TALKED ABOUT I'M CONCERNED ABOUT UNDERGROUND UTILITIES AND THE OAKS VERSUS THEY DIDN'T THINK IT WOULD BE HERE JUST TO CONFIRM, I WOULD ASSUME ALL USE UNDERGROUND UTILITIES IN ANY NEW DEVELOPMENT AT THIS POINT. THAT IS A CITY ORDINANCE. SO, YES. UM, SO THINGS LIKE, UH, YOU KNOW, UH, ELECTRIC CABLE, ALL OF THAT IS, UH, UNDERGROUND. YES. ANY OTHER QUESTIONS FROM THE PLANNING COMMISSION? OKAY. JUST ONE MORE, I GUESS. SURE. SORRY, JUST BECAUSE I WASN'T SURE WHICH ONES WE WOULD OR WOULDN'T COVER, UM, JUST TO BE CLEAR MEN IN THE DECISION WE'RE TALKING ABOUT ALSO, INCLUDING THE WIDENING AT THE INTERSECTION THERE, FITCHBURG BELL FOUNTAIN, IS THAT THAT'S PART OF THIS AS WELL, CORRECT? THAT IT'S, WHAT'S PROPOSED BY STAFF. OKAY. BUT WE'RE DOING SIDEWALK ON FISHBURG ONLY, BUT NOT BELL FOUNTAIN, CORRECT. THEIR REQUEST IS FOR FITCHBURG ONLY STAFF'S RECOMMENDATION IS ON BOTH. OKAY. OKAY. SO I'LL HOLD THAT, I GUESS WHEN WE GET TO THEM AND LET THEM KIND OF TALK ABOUT THAT A LITTLE BIT. SO WE GET AROUND TO THAT PART. SO THANK YOU. THANK YOU. ANY OTHER QUESTIONS FOR STAFF FROM THE PLANNING COMMISSION HEARING? NONE WE'RE OPEN UP TO THE PUBLIC. IS THERE ANYONE WISHING TO SPEAK FOR THE APPLICANT MR. TAYLOR, MS. WANG? YES. CAN YOU HEAR US? YEAH. SO I JUST WANT TO SAY A COUPLE THINGS. UM, THE SIDE SETBACKS ARE ACTUALLY BIGGER THAN, THAN FIVE FEET. I BELIEVE. UM, THE, THE WIDTH OF THE HOUSE IS 40 FEET AND AT LEAST ON THE BORDER OF THE WIDTH OF THE LOT, IT'S 60 FEET. SO IT SHOULD MATCH THE SIDE SETBACK DISTANCE ALONG THE BORDER. THEN ON THE REST OF THE LOTS, THERE WERE ONLY A FEW THAT THE SHAPE OF THE LAND, IT WAS, WE SQUEEZED THEM A LITTLE BIT. SO THERE'S A FEW, LOTS THAT ARE LIKE 58 FEET WIDE. BUT YEAH, I JUST WANTED TO CLARIFY THAT THE SIDE SETBACK IS BIGGER, UM, THEN WAS MENTIONED, AND THEN, UH, ALSO THE SIDEWALK. SO WE TOOK A LOOK ON, UH, BELL FOUNTAIN ROAD AND LIKE ALL THE NEW DEVELOPMENTS, UM, KILMERE FARMS, ARTISTS, AND WALK DIDN'T HAVE ANY SIDEWALKS. AND ACTUALLY THE ONLY SIDEWALK BETWEEN OUR LAND, IF YOU GO NORTH UP TO CENTER POINT 70 THERE'S 600 FEET ON THE OAKS, BUT THERE THERE'S MORE THAN A THOUSAND FEET ON THE OAKS THAT DOESN'T HAVE IT. SO WE WERE KIND OF THINKING IT'S, IT'S JUST NOT CONNECTING TO ANYTHING. AND YOU COULD GET OUT OF OUR DEVELOPMENT TO THE FISHBURG ROAD SIDEWALK IF YOU WANTED TO GO TO THE, LIKE THE NEW DEVELOPING AREA TO THE WEST. SO WE, WE THOUGHT THAT THE BELL FOUNTAIN SIDEWALK WOULDN'T REALLY DO MUCH. IT WOULDN'T CONNECT TO ANYTHING. UM, I BELIEVE DOES HAVE SIDEWALKS ON CHAMBERS WERE GROWED ON CHAMBERSBURG ROAD. THERE WAS JUST INSTALLED THE A IT'S A COMBINATION SIDEWALK, BIKE PATH. UM, SO IT'S LARGER ON THAT. AND THAT WAS PART OF THE ORIGINAL APPROVAL. AND THERE WAS A BOND PUT IN PLACE WHEN SECTION ONE CAME THROUGH FOR THAT. UM, EVEN THOUGH IT DIDN'T GET BUILT RIGHT AWAY, BECAUSE THAT WAS A DEVELOPMENT THAT, UH, UH, WAS A LITTLE SLOW IN, UH, GOING. SO YES, THAT, UH, THAT DOES NOW HAVE, AND THAT JUST WITHIN THE PAST COUPLE OF WEEKS OR SO, THAT HAS BEEN INSTALLED THERE ALONG CHAMBERSBURG ITSELF. [00:35:06] ARE THERE ANY OTHER QUESTIONS FOR THE APPLICANT? NAILED IT. ALRIGHT. MR. JEFFREY SAYS CSA ENDED UP, OH, SORRY. I DON'T THINK SO. MS. MS. OPTED TO, I THINK SHE STILL HAS A QUESTION, BUT, UM, UH, I GUESS ON THE, THE PIGGYBACK ON THE DISCUSSION ON THE SIDEWALKS ON BELL FOUNTAIN, WHERE THEY WERE DESCRIBING HOW PART OF THE OAKS DOES HAVE IT, PART OF THE OAKS DOES NOT, IS, IS THAT SOMETHING SCOTT THAT WE KNOW OF THAT IS PART OF THE FINAL BUILD-OUT PLAN OR ANYTHING IN THE, IN THERE THAT IS PART OF THE, I GUESS, THE FINISHING, CAUSE I KNOW THE OAKS IS KIND OF THE LAST STAGES NOW, IF I RECALL OF, OF COMPLETION. SO, UH, IS THE SIDEWALK SOMETHING THAT IS PART OF WHAT'S LEFT IN THE PLANS OR ARE THERE NO PLANS AT THIS TIME? THERE ARE NO PLANS FOR, UM, COMPLETE COMPLETING SIDEWALKS BY AN OLD DEVELOPER, UM, IN AREAS THAT ARE ALREADY PLOTTED OUT. UH, SO AS YOU GO UP, UM, BELL FOUNTAIN, FOR EXAMPLE, THERE WOULD BE A GAP CURRENTLY, UM, BUT EVENTUALLY WOULD BE PUT IN AS PART OF A CITY PROJECT SOMETIME IN THE FUTURE TO CONNECT A SIDEWALK SYSTEM ALONG BELL FOUNTAIN. UM, TYPICALLY WE WILL HAVE DEVELOPERS, UM, INSTALL SOME OF THESE IMPROVEMENTS, UM, THAT MAY NOT CONNECT TO ANYTHING TODAY. UM, BUT FOR FUTURE DEVELOPMENT AND FUTURE, UH, AN EXPANSION OF ROADWAYS AS NEW RESIDENTIAL COMMUNITIES COME IN AND TRAFFIC INCREASES. ONE LAST QUESTION FOR THE APPLICANTS, I GUESS, IS THE, ON THE FRONT OF THE HOUSE. I KNOW THERE ARE A LOT OF VERY SIMILAR STYLE. IS THERE A PLAN OR A COMMITMENT, I GUESS, TO DO ANYTHING DIFFERENT AS FAR AS FRONT ELEVATIONS OR, UM, COLORS OF BRICK OR STONE MATERIALS SO THAT IT DOESN'T LOOK LIKE A ROW OF ALL THE SAME HOUSES. I KNOW, YOU KNOW, AND I'LL REFERENCE AGAIN, THE HARRISON BY REDWOOD DOWN HERE WHERE THEY'RE ALL ATTACHED AND CONNECTED, BUT THEY ALTERNATE COLORS AND ELEVATIONS TO KIND OF BREAK IT UP. UH, UH, YES. UM, SO THERE ARE A COUPLE OF DIFFERENT LIKE PHYSICAL FRONTS IN THE PACKET, BUT AS FAR AS THE FINISHED MATERIALS, YES, WE WANT TO VARY THEM QUITE A BIT. AND WE JUST THOUGHT THAT USING THAT LANGUAGE, LIKE THE PERCENTAGE MASONRY W WAS KIND OF EASIER FOR NOW, BECAUSE THERE'S A LOT OF DIFFERENT WAYS WE COULD SPLIT UP THE MASONRY AND THE, LIKE THE SHAKES AND THE, THE BOARD BAT AND THEN THE LAP SIDING. AND I JUST CAN'T DRAW IT ALL HERE, BUT YES, WE WOULDN'T WANT TO DO THAT. THAT'S GOOD. THANK YOU. AND THEN LAST QUESTION ON A SCALE, YOU MENTIONED A BIT AGO, TWENTY-FIVE PERCENT MASONRY MINIMUM. DID I, IS IT 25% OF THE TOTAL BUILDING OR TWENTY-FIVE PERCENT OF THE FRONT? THE REQUIREMENTS THAT FROM THE ORIGINAL APPROVAL FOR THE OAKS IS 25% OF THE HOUSE ITSELF. UM, AND SO THAT'S WHY YOU'LL SEE ON A LOT OF THE OAKS HOMES, YOU'LL SEE THE, UH, MASONRY FRONT AND IT WRAPS AROUND JUST A COUPLE OF FEET. UM, I THINK TO GET TO THAT 25% MARK. NO, I THINK THAT'S ALL I CAN THINK OF RIGHT NOW. THANK YOU. ARE THERE ANY OTHER QUESTIONS FOR THE APPLICANT? HER HAND WAS UP AND I STILL SEE HER ON THE LIST. SHE'S MUTED, YOU'RE MUTED. YOU'RE STILL SHOWS AS MUTED. IT'S NO LONGER MUTED, BUT WE STILL DON'T HEAR YOU SANDY, [00:40:03] TRY CALLING IN AGAIN, THE ISLAND, RIGHT? A FEW CARDS THAT YOU COULD SEND A TEAM'S MESSAGE TO ME. AND I CAN READ OUT THE QUESTION IF YOU, IF THAT WORKS. UM, BUT WE DO WANT TO GET YOU ON VOICE FOR LATER WHEN IT'S TIME TO VOTE ON ITEMS, SCOTT, JUST FOR VERIFICATION WHILE SHE'S DIALING IN WHERE THEY WERE SAYING YES, WE WOULD ALTERNATE ELEVATIONS OR ITS COLOR TONES AT THE FRONT. IS THAT SOMETHING THAT HELLO? HELLO? HELLO. HEY, EXACTLY. AND LIKE CRAZY HERE. I'M TRYING. OKAY. EDIT WHILE SHE TALKS. MAYBE THAT WILL GET RID OF THE ECHO. IS IT BETTER NOW? I MUTED MY ACTUAL COMPUTER. YES. HELLO. OKAY. MY QUESTION HAS TO DO WITH, UH, TIMEFRAME. UM, DO WE, CAN WE SPECIFY OR IS THERE A WAY OF, UH, OF, UH, HOW LONG IT'S GONNA TAKE TO COMPLETE THIS ENTIRE PROJECT? UM, SO WHAT THEY CAN PROVIDE TO US IS A, UH, A, A SCHEDULE OF A NUMBER OF PHASES. UM, BUT JUST LIKE, I'LL GIVE AN EXAMPLE OF, UM, FOR A SINGLE FAMILY RESIDENTIAL PROJECT LIKE THIS, UM, THE OAKS RIGHT NEXT DOOR, UM, SECTION NINE JUST CAME THROUGH, THEY CAME THROUGH AND THEY PUT THE STREET IN AND NOW ALL THE LOTS ARE READY FOR SALE, BUT THERE IS, UM, THEY MAY SELL ONE THIS MONTH. UH, THEY MAY SELL 20 THIS MONTH THAT, UM, THE ACTUAL CONSTRUCTION OF THE HOMES THAT WE WANT THEM, UH, TO BE BUILT AS QUICK AS POSSIBLE, UM, TO FINISH OUT SECTIONS. UM, BUT THOSE ARE JUST, UM, YEAH, WE'LL SAY PLANS THAT, UM, UH, OF WHAT YOU CAN APPROVE IS THE SECTIONS IS IF THERE'S BASICALLY WHAT I'M SAYING. SO, UM, IF, UH, UM, THE APPLICANT CAN SAY WHAT THEIR, UM, NUMBER OF SECTIONS WITH THEIR BUILD OUT, UM, PROJECTION IS. SO WE CAN ONLY WORK WITH PROJECTIONS AS FAR AS, UH, TIMEFRAMES ON THIS OR FOR THE BUILDING OF THE HOUSES THEMSELVES. YES. THE PUBLIC UTILITIES AND THE, THOSE KINDS OF THINGS, WHAT THEY, UH, THERE'S A, UH, A BONDING PROCESS THAT YOU GO THROUGH THAT GUARANTEES THE WORK THAT'S FOR ANY OF THE PUBLIC INFRASTRUCTURE, UM, FOR SOMETHING THAT'S PRIVATE, LIKE THE BUILDING OF A HOUSE, UM, THAT, UH, NO, THAT'S NOT SOMETHING THAT, UH, WE CAN PUT A RESTRICTION ON THAT YOU HAVE TO BUILD A HOUSE WITHIN SIX MONTHS OR, OKAY, THAT'S FINE. I JUST WONDERED ABOUT THAT. ARE THERE ANY OTHER QUESTIONS FOR THE APPLICANT? YEAH, MAYBE MORE FOR SCOTT, BUT ON THAT, I GUESS PIGGYBACK ON THAT WITH THE SCHEDULE. WE, WE OBVIOUSLY CAN'T GUARANTEE SALE OF HOMES AND HOW FAST OR SLOW THE CONSTRUCTION AND SALE WOULD GO, BUT IS THERE, IS THIS WHERE WE WOULD PUT A COMMITMENT ON SCHEDULE OF THE ROAD AND INFRASTRUCTURE AND THE BONDING YOU JUST TALKED ABOUT TO MAKE SURE THAT THOSE SECTIONS ARE AT LEAST PROGRESSING IN A CERTAIN PACE. SO, YOU KNOW, WHAT COMES TO MIND IS I KNOW THAT WE ENDED UP OUT OF THE RECESSION WHEN ARTISTS, HIS WALK WAS STARTED IN THOSE 2008 AND HAD A MAJOR CRISIS. RIGHT. SO, UM, IS THERE ANYTHING THAT WE WOULD BE ABLE TO DO TO MAKE SURE THAT, THAT TH THE, AT LEAST ITS ROADS FOR THE HOMES THAT ARE THERE INSTEAD OF WAITING FOR A DEAD END CURB, YOU KNOW, OFF ROAD TO BE COMPLETED, UM, THAT IS PART OF THE DETAILED DEVELOPMENT PLAN, AND THAT'S WHY WE HAVE, WHAT'S THE, YOU'LL SEE THAT IN THE DECISION RECORDS AS THIS SUBDIVIDES AGREEMENT, THAT, UH, IS PART OF THAT APPROVAL. YES. THAT DOES HAVE THOSE KINDS OF THINGS IN THERE. ALL RIGHT. THANK YOU. ANY OTHER QUESTIONS FOR THE APPLICANT? YES, PLEASE. JAN VARGO AGAIN, HOW MANY SECTIONS DO THEY HAVE PLANNED? DO WE KNOW THAT OR, CAUSE WE ASKED THEM THAT [00:45:03] THEY'RE ON MUTE RIGHT NOW. OKAY. COULD WE UNMUTE THEM? AND, UH, AND MY OTHER QUESTION FOR THEM IS, UH, WHAT IS THEIR SCHEDULE THIS, SORRY, COULD YOU CLARIFY WHAT YOU MEAN BY SECTIONS? OKAY. YEAH. I'LL GIVE AN EXAMPLE OF, UH, I KEEP GOING BACK TO THE OAKS, THE OAKS BUILT OUT IN NINE SECTIONS, THERE WAS NINE PHASES. SO THERE WAS A CERTAIN NUMBER OF HOUSES BUILT. THEY CAME BACK FOR A DETAILED DEVELOPMENT PLAN, WHICH IS THE NEXT STEP AFTER THIS FOR EACH INDIVIDUAL SECTION. AND THEY WOULD BUILD A CERTAIN AMOUNT OF THE STREET AND A CERTAIN NUMBER OF THOSE HOUSES IN TYPICALLY WHAT A DEVELOPER DOES ON THAT END IS ONCE THEY'VE SOLD X NUMBER OF THOSE, THEN THEY'LL COME BACK IN WITH THE NEXT SECTION OF IT AND KEEP GOING RATHER THAN, UM, PUTTING IN, YOU KNOW, A 70 ACRES WORTH OF A DEVELOPMENT WITH ALL THE STREET COST UPFRONT WITHOUT PUTTING IN A HOUSE. SO, UM, LIKE I SAID, FOR EXAMPLE, UM, THAT SUBDIVISION CAME IN ABOUT 20 TO 25 HOMES AT A TIME. AND MY QUESTION IS HOW MANY PHASES DO YOU PLAN AND WHAT IS YOUR SCHEDULE FOR COMPLETION? YEAH. SO AFTER HEARING THAT, THAT WE'RE THINKING THE SECTIONS, WE WOULD WANT TO START FIVE HOMES AT A TIME. AND THEN, YOU KNOW, AS LONG AS PROGRESS, MOVE THE CREW ON TO THE NEXT BLOCK OF FIVE HOMES AND CONTINUE LIKE THAT, WE PROXY. YEAH. WE'RE TARGETING LIKE A THREE-YEAR PROCESS HERE FOR THE WHOLE THING. UM, AND YEAH, I MEAN, JUST A COUPLE OF OTHER DETAILS THAT WE DIDN'T MENTION, AND THESE ARE, WE WANT TO MAKE NICE HOMES. THEY'RE ALL NINE FOOT CEILING. WE'RE TRYING TO MAKE THEM NICE. AND, YOU KNOW, WE WERE TARGETING THREE YEARS TO FINISH THE WHOLE THING AND WE ARE JUST ANXIOUS TO GET STARTED AS SOON AS WE CAN. IS IT POSSIBLE THAT YOU COULD DO MORE THAN FIVE HOMES AND PHASE THE FIRST PHASE? I MEAN, WHAT THE MAGIC NUMBER, WHY IS FIVE THE MAGIC NUMBER? UM, SO WE WE'VE TALKED TO, WE'VE DONE AN AMISH CREW THAT WE'RE WORKING WITH ON ANOTHER PROJECT. WE'VE TALKED TO THEM A BIT AND, UM, YEAH, JUST TALKING TO THEM IN THAT NEIGHBORHOOD. I MEAN, IT DOESN'T HAVE TO BE EXACTLY A, A FIVE IS THE MAGIC NUMBER, BUT THAT, THAT SEEMS LIKE FOR THE SIZE OF THE DEVELOPMENT AND TO BE ABLE TO GET THE CREW FINISHED WITH A BLOCK AND THEN MOVE THEM TO SOMETHING ELSE THAT SEEMS LIKE A GOOD NUMBER AT THIS TIME FOR, SO, UH, I'LL, I'LL JUMP IN HERE REAL QUICK ABOUT, UM, WHEN, WHEN, WHEN WE, WHEN YOU DO A SECTION, UM, WE'LL SAY PHASE ONE, YOU CAN HAVE MORE OF THE LOTS IN THAT SECTION. YOU JUST ARE NOT BUILDING THEM ALL AT THAT POINT IN TIME, BUT YOU'LL BUILD THE STREET OUT FOR HOWEVER MUCH OF IT. AND THEN, UH, I GET EXACTLY WHAT YOU'RE SAYING ABOUT THE, THE ACTUAL BUILDERS THEMSELVES ARE DOING A GROUP OF FIVE AT ONCE. AND THEN, THEN ANOTHER GROUP OF FIVE THAT CAN BE ALL IN THE SAME SECTION. UM, SO THAT, UM, AS YOU, AS YOU'RE COMING IN ON THE STREETS, UM, IT MAY BE KIND OF AWKWARD OF JUST A LITTLE STUB THAT ONLY HITS THE FIRST FIVE. UH, YOU WOULD GO A LITTLE FURTHER WITH THAT, UM, THAT WOULD SET UP FOR WHATEVER THE NUMBER IS, UH, 10 15 OR WHATEVER, BUT YOU ONLY ACTUALLY BUILD THE FIRST GROUP AT THAT CERTAIN TIME AND KEEP MOVING WITHIN THAT SECTION UNTIL YOU'RE READY TO GET TO THE NEXT SECTION THAT YOU'LL BE DOING THE STREET WORK AND THE UTILITY WORK, THOSE KINDS OF THINGS. YEAH. WE COULD DO A BIGGER BLOCK IN TERMS OF THE INFRASTRUCTURE. I THOUGHT, I THOUGHT THE QUESTION WAS ABOUT HOW I JUST WANTED TO, SO THERE'S NO CONFUSION ON THAT. HEY, I'M JUST FROM THE WAY IT SOUNDS TO ME THAT IT'S NOT, THAT YOU'RE ONLY WILLING TO BUILD ENOUGH STREET FOR FIVE HOMES AT A TIME. IT'S, THAT'S JUST HOW THE CREW WILL WORK TOO. YEAH. YEAH. THERE COULD BE MORE STREET AND WE COULD GET MORE DETAIL ON THAT IN THE DETAILED PLAN. I'D WANT TO TALK TO THE EXCAVATOR BEFORE I COMMIT TO SOMETHING. BUT YEAH, WE WOULD PUT PUNKS IN FOR THE LINE, WHAT GETS LOOKED AT ABOUT SETTING [00:50:01] UP THOSE PHASES AS WELL AS IF THERE'S LIKE A BREAK IN THE LAND OF HOW THE SANITARY SEWER GOES, THAT, UH, IF ONE GOES ONE WAY, ONE GOES AND OTHER, YOU WOULD, UH, MAKE SURE THAT THAT WOULD BE A SPLIT LINE OF, UH, HOW YOU DO CERTAIN THINGS. SO THAT'S DEFINITELY A DETAILED DEVELOPMENT PLAN DESIGN. YES, SANDY. YES. HOW LONG DO YOU THINK IT'S GOING TO, IT'S ONLY LIKE SAY FIVE HOMES. WHAT IS YOUR TIMEFRAME? DO YOU THINK YOU WOULD COMPLETE FIVE HOMES? I MEAN, IF IT TAKES SIX MONTHS TO DO FIVE HOMES IN YOUR PLANNING ABOUT 10 HOMES A YEAR, IS THAT YOUR PLAN? NO, MA'AM WHERE WE WANT TO TARGET THREE YEARS FOR THE WHOLE DEVELOPMENT, UM, TO BE DONE BY THEM WITHIN THREE YEARS. SO WHAT WAS THINKING IS, UH, LIKE FOR EXAMPLE, FUNDACION FIRST DEFY HOUSE AT WHILE WE BUILDING FOUNDATION OVER HERE, WE CAN MOVE FOUNDATION, GROUP FIVE HOUSE IS BUILDING FUNDING WHILE THE FIRST GROUP ARE BUILDING A FRAMING. SO YOU WILL SEE LIKE, UH, STAIRS, LIKE, UH, THIS GROUP IS BUILDING FIVE HOUSES HERE, SO NEXT TWO, THREE WEEKS THEY CAN MOVE TO THE NEXT PROJECT. SO IT'S LIKE, WE'RE NOT JUST WAITING UNTIL THE HOUSE IS DONE BEFORE THE NEXT FOUNDATION. RIGHT. PIPELINE. YEAH. SO WE WANT TO HAVING THIS CREW MAKING, UH, MAKING THE FOUNDATION FOR LIKE, UH, TWO WEEKS FINISHED BY HOUSES FOUNDATION. WE'RE ONE WEEK FINISHED FIVE HOUSES FOUNDATION, THEN MOVE TO NEXT FIVE HOUSES TO BUILD A FOUNDATION WHILE THIS GROUP IS BUILDING FRAMING, ROOFING, WINDOWS, ALL THAT. SO WE'RE LIKING A PROCESSING LINE OVER HERE. SO WE CANNOT SAY WE HAVE, WE'RE GONNA FINISH FIVE HOUSES IN THREE MONTHS, THEN MOVED TO NEXT FIVE HOUSES. WE'RE NOT GOING TO PLAN THAT WAY. WE'RE GONNA DO, UM, DIFFERENT. MAYBE YOU WILL SEE 10 HOUSES THAT HAD THE FOUNDATION DOWN, MAYBE ONLY FIVE HOUSE THEY HAD FRAMING DOWN. SO SOME LIKE THAT. YEAH. I DON'T KNOW. I SPEND, YEAH. ANY OTHER QUESTIONS FOR THE APPLICANT? THANKS, JIM. THANKS FOR JEFFREY. JUST MORE, I GUESS, FOR SCOTT PROCEDURALLY, INSTEAD OF LOOKING AT THESE IN PHASES OF FIVE, WOULDN'T THAT MEAN THAT EVERY FIVE THEY'D HAVE TO COME BACK FOR US FOR APPROVAL FOR THE NEXT FIVE. SO SHOULDN'T WE LOOK AT THE PHASES AND BIGGER BLOCKS OR IS THAT WHEN WE GET TO THAT POINT, REALISTICALLY? YES. THAT'S WHAT I WAS KIND OF TRYING TO GET OUT BEFORE ABOUT. UM, WHEN WE GET TO THE DETAILED PHASE OF FIGURING OUT WHERE THE RIGHT BRAKE LINES ARE BETWEEN THE PHASES, THAT WHILE THEY'RE BUILDING FIVE AT A TIME, THE PHASE MAY BE 15. THANK YOU, JAN. VARGO THIS WAS FARGO. I'M SORRY, I DIDN'T CATCH THE NAME OF THE, UM, OF THE APPLICANT, BUT MY QUESTION IS FOR THEM IS, DO YOU HAVE A COMMITMENT FROM THIS AMISH CREW THAT YOU ALLUDED TO? I I'VE ACTUALLY LIKED TO REMIND THAT THAT'S NOT PART OF THE ZONING, UM, DECISION THAT W W W WE'RE TALKING ABOUT THE USE ITSELF. IT DOESN'T MATTER WHO BUILDS THEM, WHETHER IT'S THIS GROUP THAT THEY'RE TALKING ABOUT NOW OR A DIFFERENT GROUP. OKAY. THANK YOU. ARE THERE ANY OTHER QUESTIONS FOR THE APPLICANT? THANK YOU VERY MUCH. IS THERE ANYONE ELSE WISHING TO SPEAK ON THIS ZONING CASE? THERE'S A HAND UP FROM MS. MCNEELY. IT WAS THE REPRESENTATIVE OF THE HLA OF THE OAKS. OKAY. UH, MS. MCNEELY, UH, I APPRECIATE THE OPPORTUNITY TO SPEAK WE AS THE, SOME REPRESENTING A LOT OF PEOPLE HERE. SO, AND I ASSUME THAT A LOT OF THIS HAS ALREADY BEEN COVERED, AND I APPRECIATE THAT, BUT WE DO HAVE SOME CONCERNS THAT I WAS HOPING THAT MAYBE THE BUILDERS COULD, UH, PERHAPS OPEN IT UP ABOUT OR ENLIGHTEN US ON ONE OF THOSE CONCERNS IS BECAUSE THEY'RE THE PROPERTY OWNERS. IT WON'T BE INDIVIDUAL OWNERS. ARE THEY GONNA NEED TO TAKE FULL RESPONSIBILITY FOR THE MAINTENANCE OF ALL OF THE PROPERTIES, [00:55:01] SUCH AS THE UPKEEP OF THE HOMES AND ALL OF THE LAWNS? ARE THEY GOING TO HAVE AN HOA FOR A PROPERTY MANAGEMENT PERSON, AS WE DO, UM, THE OAKS OF HUBER HEIGHTS EMPLOYEES, A PROPERTY MANAGEMENT, TO MAKE SURE THAT WE HAVE A LAWN MAINTENANCE CREW TO KEEP ALL OF THE GREEN SPACE MAINTAINED, BECAUSE WE'RE TRYING TO KEEP A CERTAIN STANDARD AND QUALITY TO OUR HOMES. SO ARE THEY GOING TO PUT SOMETHING LIKE THAT IN PLACE? YES. OUR PLAN IS TO HAVE A PROPERTY MANAGEMENT COMPANY TAKE CARE OF ALL THAT FOR US, THE JARRED WORK CAUSE THE BULLSHIT TRAYS AND ALSO THE HOUSE MADNESS. UM, ACTUALLY OUR HOUSE DESIGN, WE WILL, AS THE PROPERTY MANAGEMENT, WE WILL ACTUALLY TAKE CARE OF THAT. ALL OF THIS FURNACE AND EVEN THE FURNACE FILTER, WE WILL TAKE CARE OF FAVORITE MONTHS. IT'S AN EXTRA DOOR ON THERE SPECIFICALLY, SO WE CAN GET IN AND FIX IT IN THE DESIGN. YES. WE MADE THAT. WE'VE THOUGHT QUITE A BIT ABOUT HOW TO TAKE CARE OF THESE HOUSES. YES. WE'RE GOING TO HAVE A PROPERTY MANAGEMENT GROUP AND YOU'RE GOING TO TAKE FULL RESPONSIBILITY OF ALL OF THAT. UM, AND YOU, SCOTT MENTIONED THAT THEY WERE GOING TO ALSO ANOTHER RETENTION AREA BECAUSE OURS IS NOT LARGE ENOUGH TO COVER ANOTHER WHOLE SECTION OF HOUSING AREA. IS THAT CORRECT? IS THAT WHAT I HEARD? I COULDN'T SEE YOUR, YOUR DISPLAY. SO I WAS JUST TRYING TO FOLLOW ALONG WORD WISE. SURE. UM, I WILL, THE ANSWER IS YES, THEY ARE PROPOSING A NEW DETENTION AREA THAT WILL BE, WE'LL SAY NEXT DOOR TO THE EXISTING ONE, UM, THAT WILL HANDLE RUNOFF FROM THIS NEW DEVELOPMENT AND ANOTHER BIG CONCERN OF A LOT OF THE HOUSES THAT WILL BE LITERALLY UP AGAINST THAT PROPERTY AREA, UM, WAS THAT WE COULD HAVE A BERM, NOT JUST THE BERM, BUT ON TOP OF THE BERM OFFENSE AREA WHERE IT WOULD TOTALLY SEPARATE THE TWO PROPERTIES. BUT MY QUESTION IS, WILL THERE BE ACCESS, I'VE NOTICED THE ROADS GOING IN, WILL THERE BE ACCESS FROM THERE, THEIR STREETS INTO THE OAKS OF HUBER HEIGHTS, OR WILL THAT BE CLOSED OFF? TH THERE'S THE EXISTING LOTS IN THE OAKS. THERE ARE NO CONNECTION POINTS FROM THE STREETS THAT CONNECT TO THIS PROPERTY. SO THERE IS NO, UM, ACCESS EASEMENT OR SIDEWALK THAT GOES FROM STREET TO STREET. SO THERE IS NO, UM, AND THERE'S NO REQUEST FROM THIS DEVELOPMENT TO MAKE ANY CONNECTION TO THE EXISTING RESIDENTIAL SUBDIVISION. UM, AND NOW, UH, GOING BACK TO ABOUT THE MOUNDING, THE PROPOSED MOUNDING IS, UM, THE SAME AS WHAT'S OUT IN FRONT OF THE, THE OAKS AT BELL FOUNTAIN, IT'S PROPOSED TO BE THE MOUNDS WITH VEGETATION ON TOP. UM, IF THERE IS TO BE A FENCE, MY RECOMMENDATION WOULD BE AT THE PROPERTY LINE, UH, THAT WOULD BE FOR MAINTENANCE PURPOSES THAT, UH, IF YOU HAVE A FENCE ON TOP OF THAT MOUND, THEN SOMEBODY HAS TO MAINTAIN BEHIND IT. AND, UH, THE PEOPLE THAT LIVE THE CURRENT, UH, NEIGHBORS DON'T OWN THAT PROPERTY. SO THEY HAVE NO RIGHTS TO GO OVER AND MAINTAIN TO THE FENCE LINE. SO TO BE ABLE TO GET AROUND THE FENCE TO MAINTAIN, UM, I SEE THAT AS AN ISSUE, IF THE FENCE WERE TO BE INSTALLED, I WOULD RECOMMEND AT THE PROPERTY LINE. SO THERE WILL BE NO TOTAL SEPARATION BETWEEN THE TWO HOUSING AREAS. IS THAT CORRECT? MOUNTING AND VEGETATION? LIKE I SAID, LIKE WHAT YOU SEE OUT IN FRONT OF, UH, THE OAKS THEMSELVES ALONG BELL FOUNTAIN, WHERE YOU DON'T SEE THE HOUSES THROUGH IT, AND THAT'S PART OF THAT VEGETATION WILL BE PART OF THAT FINAL PLAN TO MAKE SURE THAT IT IS THE, UM, TYPES OF VEGETATION CREATES A SCREENING. UM, SO THE ARBORVITAE THOSE KINDS OF, UH, TREES, SO THAT IT'S, UH, 12 MONTHS OUT OF THE YEAR SCREENING, NOT JUST, UM, WE'LL SAY DECORATIVE, UM, TREES THAT LOSE ALL THEIR LEAVES. OKAY. OKAY. AND THAT WILL BE ON, ON THEIR PORTION TO MAINTAIN CORRECT. 100%. AND THEY'RE NOT, ARE THEY GOING TO BE PRIVATELY OWNED WHERE I GUESS MY CONCERN IS, YOU KNOW, THERE WERE SAYING NO SIDEWALKS, ONLY THE ROAD THAT'S GOING TO GO THROUGH THERE. SO THEY HAVE SOMEONE WHO'LL MAINTAIN ALL OF THAT AS WELL. OR IS THAT GOING TO BE THE CITY THAT MAINTAINS [01:00:01] LIKE SNOW REMOVAL? LIKE IT DOES HERE AT THE OAKS. RIGHT, RIGHT. WITH A, WITH A PRIVATE STREET, THEY ARE RESPONSIBLE FOR ALL MAINTENANCE AND REPAIR OF THAT STREET. SO SNOW REMOVAL, UM, LEAF REMOVAL, UM, IT CRACKS ANY FAILING PAVEMENT. THEY WOULD REPAY THAT, THAT POINT IN TIME AND THEY WOULD HAVE TO FOLLOW OUR PROPERTY MAINTENANCE REGULATIONS SO WE CAN PUT THEM UNDER VIOLATION. LET LET'S SAY THE STREET FAILS THAT THERE'S STREETS ALWAYS HAVE TO RE BE REPAVED AT SOME POINT IN TIME. UM, THERE'S OTHER AREAS WE HAVE PUT UNDER VIOLATION AND REQUIRED THEM TO FIX IN WHEN IT GETS TO THAT POINT. AND IS THERE, UM, FOR THE ZONING, I KNOW THERE ARE CERTAIN THINGS YOU'VE SAID THAT YOU CAN'T TAKE INTO CONSIDERATION. AS FAR AS ZONING WISE, THE OAKS DOES HAVE A CERTAIN AMOUNT, OR SHALL I SAY VALUE OF HOME THAT WE HAD TO BUILD? IS THAT GOING TO BE CONSISTENT IN THE NEW HOUSING AREA? THERE, THEY WILL HAVE TO HAVE A CERTAIN VALUE OF PROPERTY THAT THEY BUILD AS FAR AS WHAT THEIR HOUSES VALUE PROPERTY VALUE OR WILL BE, THAT WILL BE AT LEAST CONSISTENT FOR A CONTINUITY CONCERN OF ONE PROPERTY TO THE NEXT, WHAT I CAN TELL YOU THE CONSISTENCY WILL BE. CAUSE I, I CAN'T FORESEE WHAT HOME PRICES ARE TOMORROW COMPARED TO YESTERDAY. UM, AND THERE WAS NO FROM THE CITY END OF THINGS, WITH THE OAKS, THERE WAS NO REQUIREMENT FOR A CERTAIN VALUE THAT GETS BUILT. SO THERE WAS NOTHING IN THERE THAT SAID THAT THE STARTING VALUE HAS TO BE ROUND NUMBER $200,000, BUT THE CONSISTENCY PART IS THE BUILDING MATERIALS AND THE SIZE OF HOME. SO AS I MENTIONED, THE SIZE OF THESE HOMES ARE LARGER THAN SOME OF THE SIZE HOMES THAT ARE IN THE OAKS AND THE BUILDING MATERIALS ARE MATCHING AS MINIMUMS. I MEAN, TH THEY'RE, THEY'RE CALLING OUT, UM, MORE MATERIALS THAN WHAT YOU SEE ON A LOT OF THE HOMES, UH, WITH SOME OF THE SHAKE, UH, DESIGN, SOMETHING LIKE THAT. SO IT'S, I CAN'T SAY ONE WAY OR THE OTHER, IT'S POSSIBLE THAT THESE HOMES COME IN AT A LOT HIGHER VALUE THAN WHAT THEIR NEIGHBORS ARE. I, THERE THERE'S NO GUARANTEE OR REQUIREMENTS ON THE PRICE VALUE, IT'S THE, UM, TO MAKE SURE THE MATERIALS AND THE SIZE, UH, MEET THE REQUIREMENTS, BUT THE MATERIALS WILL BE REQUIRED TO BE SIMILAR. UH, YES, THE, UH, AS I MENTIONED, THE, UH, MASONRY, UM, SAME, UH, AMOUNT, IT MAY BE DIFFERENT. THEY MAY USE A DIFFERENT STONE OR A DIFFERENT BRICK THAN WHAT'S USED, BUT, UM, IT FOLLOWS THAT SAME. AND AS I ALSO MENTIONED THAT, UH, THEY'RE PROPOSING ADDITIONAL MATERIALS BEYOND, UH, THE MAJORITY OF HOMES IN THE OAKS HAVE A, UM, MASONRY FRONT AND COMPLETE SIDING AROUND ALL THE OTHER THREE SIDES. UM, SOME OF THEIR DESIGN THEY'RE HAVING SOME OF THAT SHAKE PRODUCT AND EVERYTHING IS MORE THAN WHAT THE OAKS HOUSES HAVE. AND IS THERE A CONCERN THAT THE HOUSES WILL BE SO CLOSE TOGETHER? WELL, I, I, I WANT TO APOLOGIZE AT THE BEGINNING WHEN I SAID THAT, UH, THE FIVE FOOT MINIMUM, UM, I WAS, UH, WRONG ON THAT. AND, UH, AND THANK YOU FOR MR. KAYLOR FOR CORRECTING ME ON THAT, THAT, UH, THE HOUSES ALONG THE, UH, BUT THE EXISTING HOUSES IN THE OAKS ARE ALL MEET THE SAME SIDE YARD REQUIREMENTS AS THE OAKS. AND THEN SOME OF THE INTERIOR HOUSES WILL BE LITTLE BIT CLOSER, BUT NOT THE FIVE FEET. IT WOULD BE MORE LIKE, I GUESS, EIGHT FOOT SIDE YARDS GIVE OR TAKE INSTEAD OF, BUT THE ONES ON THE EXTERIOR, ALL 10 FOOT SIDE YARDS. SO I APOLOGIZE. I HAD THAT WRONG AT THE BEGINNING. THANK YOU FOR THAT CLARIFICATION. I APPRECIATE THAT BAILEY. IS THAT ALL YOU HAD? YES. UM, I THINK EVERYTHING HAS REALLY BEEN PRETTY WELL COVERED A LOT MORE SO THAN I HAD. I HAD, YOU KNOW, I'M TRYING TO SPEAK FOR SO MANY PEOPLE IN THIS, IN THE OAKS. AND I DO REALIZE WHAT YOU'RE SAYING AS FAR AS THERE ARE CERTAIN THINGS YOU CAN TAKE INTO CONSIDERATION AND CERTAIN THINGS THAT ARE JUST OUR CONCERNS THAT YOU CANNOT, BUT IT IS NICE TO KNOW THAT THEY WILL HAVE TO BE HELD TO THE SAME STANDARD AS FAR AS BUILDING MATERIALS. UM, AS FAR BECAUSE, YOU KNOW, WE ALL ENCOURAGE GROWTH IN THE CITY OF HUBER HEIGHTS. WE ALL LOVE OUR PROPERTY, AND WE LOVE THE FACT THAT WE'VE WORKED HARD TO HAVE THIS PROPERTY HERE, AND WE WANT TO SEE THE CITY GROW AND [01:05:01] WE HAVE POTENTIAL FOR GROWTH, BUT WE ALSO WANT TO SEE IT GROW IN THE RIGHT WAY AND MAKE SURE THAT THINGS ARE, ARE KEPT CONTINUITY WISE AND VALUE WISE AS WELL. BUT THAT'S, THAT'S WHAT I HAD TO ASK. THANK YOU. IS THERE ANYONE ELSE WISHING TO SPEAK ON THIS ZONING CASE? OKAY. WE'LL CLOSE THE PUBLIC PORTION OF THIS ZONING CASE, PILLAR COMMISSIONERS. IS THERE ANYTHING YOU WOULD LIKE TO ADD AND HEARING NONE? IS THERE A MOTION TO APPROVE THE REQUEST BY THE APPLICANT, CHRISTOPHER TAYLOR AND JANE WANG FOR A MAJOR CHANGE TO THE BASIC DEVELOPMENT PLAN FOR THE OAKS OF HUBER HEIGHTS AND A PLANNED RESIDENTIAL DISTRICT FOR 14 POINT 18 ACRES LOCATED AT PARCEL PIECE 70 ZERO THREE NINE OH EIGHT OH ONE 46 OF THE MONTGOMERY COUNTY, OHIO RECORDS, ZONING CASE 20 DASH 31 IN ACCORDANCE WITH THE RECOMMENDATIONS OF STAFF'S MEMORANDUM DATED NOVEMBER 4TH, 2020, AND THE, UH, DECISION RECORD, REVISED DECISION RECORD ATTACHED TO THERE TOO. TERRY I'LL MAKE A MOTION. SECOND, A MOTION MADE BY MS. THOMAS AND SECONDED BY MISS OP SECRETARY. PLEASE CALL THE ROLL. MR. JEFFRIES. YES. MISS OFF. YES. MS. THOMAS. YES. MRS. VARGO. YES. MR. WALTON. YES. MOTION PASSES FIVE TO ZERO. WHAT'S NEXT FOR THE APPLICANT. UM, AS THIS WAS A RECOMMENDATION FROM PLANNING COMMISSION TO CITY COUNCIL, THIS NEXT GOES TO CITY COUNCIL IN JANUARY AT THE FIRST SET OF MEETINGS. THIS WILL GO TO A WORK SESSION OF CITY COUNCIL AND THEN A PUBLIC HEARING AT THE ACTUAL CITY COUNCIL MEETING. WE WILL SEND OUT THOSE DATES, ALL OF THE, UH, RESIDENTS THAT WERE INITIALLY NOTIFIED OF THIS MEETING. SO THE RESIDENTS OF THE OATS, AND THEN THE ONES ACROSS THE STREET WITHIN 200 FEET, WE'LL ALSO GET NEW NOTIFICATIONS OF, UH, THE NEXT STEPS. AND THAT WAS THE NEXT MEETING. SO THERE IS A, ANOTHER SET OF, UH, PUBLIC HEARINGS WITH CITY COUNCIL AS A CITY. COUNCIL IS THE ONE WHO WILL MAKE THE FINAL DECISION. SCOTT, I HAVE, I HAVE A QUESTION PLEASE. DID WE, UM, DID WE DECIDE ABOUT THE SIDEWALKS ON BELL FOUNTAIN AND FISHBIRD ARE THEY GOING TO DO BOTH OR ONLY FISHBERG THE, WHAT, WHAT YOU VOTED ON WAS FOR THE IMPROVEMENTS TO BOTH BELL FOUNTAIN AND FITCHBURG. THANK YOU. SO THE AGENDA IS NEW BUSINESS OR A MINOR CHANGE. THE APPLICANT DEFG HUBER HEIGHTS, LLC REQUESTING APPROVAL FOR MINOR FOR SITE MODIFICATION, THE PROPERTY LOCATED AT 77 77 OLD TROY PIKE, ZONING CASE 20 DASH 35. MR. . THANK YOU. OR POINT WHERE WE WERE AT. OKAY. SO MINOR CHANGE AT 77 77 OLD TROY PIKE. THIS IS THE OLD TGI FRIDAY'S PROPERTY. UH, THEY CAME THROUGH WITH A MINOR CHANGE, UH, SEVERAL MONTHS AGO, UM, REGARDING SPLITTING THAT BUILDING UP INTO THREE POTENTIAL UNITS. AND THAT CONSTRUCTION IS ONGOING RIGHT NOW. UM, THERE, UH, SINCE THEN THERE'S BEEN SOME MORE DISCUSSIONS ABOUT SOME, UM, DIFFERENT LAYOUTS FOR THE PARKING LOT AND ACCESS TO THE SITE, UM, BASED ON, UH, SOME INCREASED USE OF, UH, DIFFERENT TYPES OF USES, UH, AT THAT, UH, THE BUILDING ITSELF. SO THE REQUEST IS, UH, TWOFOLD. THE FIRST ONE IS THERE IS CURRENTLY A RIGHT IN, UM, POINTS THAT GOING SOUTHBOUND ON OLD TROY PIKE ACCESSING THE SITE ITSELF. THEY WOULD LIKE TO MODIFY THAT RIGHT IN TO A RIGHT IN, RIGHT OUT LOCATION. UM, IN LOOKING AT THAT, UM, YOU ALREADY HAVE THE, UM, ENTERING PORTION OF THAT. IT'S JUST WEATHER, UM, EXITING THAT IS, UH, ACCEPTABLE ON, UH, THE STATE ROUTES OR TROY PIKE AS IT IS, UM, LOOKING AT, UH, POTENTIAL, UM, POINTS OF ACCESS AND WHERE A, THE CUSTOMERS WOULD GO. THEY WOULD EITHER GO OUT TO [01:10:01] WAYNE TOWN BOULEVARD OR GO DOWN TO THE NEXT, UH, ACCESS POINT AT, UH, THE, UH, THE WAYNE TOWN SHOPPING CENTER TO EXIT, UH, TO GO SOUTHBOUND. SO SINCE THIS IS ALREADY A CURB CUTS OUT ONTO OLD TROY PIKE AND JUST MODIFYING THAT YOU COULD SPLIT SOME OF THAT TRAFFIC UP AND LESSEN SOME OF THE TRAFFIC THAT WOULD COME OUT TO WAYNE TOWN BOULEVARD, UM, THAT, UH, STAFF SEES THIS AS A POSITIVE AND RECOMMENDS APPROVAL OF THAT, UH, PORTION OF THE APPLICATION, UH, NEXT IS FOR, UM, A POTENTIAL USER AT THE, THE END CAP OF THAT BUILDING A FAST CASUAL RESTAURANT TYPE USE TO ALLOW FOR AN OUTDOOR EATING AREA. AND, UM, SOMETHING THAT WE'VE NOTICED OVER THE PAST YEAR, SOME OF THE, UH, DESIGNS AND ACCESS, UH, FOR RESTAURANTS HAVE, UH, CHANGED IN THEIR MODELS. UH, WE'VE SEEN THAT IN A COUPLE OF OTHER CASES RECENTLY, UH, DUE TO COVID THAT, UM, THE, THAT THE MODEL'S NOT THE SAME ANYMORE, ABOUT HOW TO, UM, ACCESS THE SITE AND UTILIZE RESTAURANT SPACE. SO, UM, WE'VE HAD, UH, MODIFICATIONS ABOUT HOW TO HAVE PICKUP WINDOWS, UM, CURBSIDE PICKUP, UM, YOU KNOW, THE, THE DOOR DASH TIGHT PLACES, UH, THOSE KINDS OF THINGS TO ADD DELIVERY OPTIONS AND ALL THAT. SO THAT WHAT THE REQUEST IS TO, UM, MODIFY THE, UH, DRIVE AISLES A LITTLE BIT AND ADD A PICKUP WINDOW, UM, AT THE FRONT, THAT WOULD BE, UM, IT'S NOT AN ORDERING WINDOW IT'S PICKUP ONLY. SO YOU WOULD ORDER ONLINE, UM, OR ORDER FROM THE PARKING LOT AND, UH, COME UP AND PICK UP YOUR, UH, FOOD AT THAT WINDOW. UM, UH, ALONG THE SIDE OF THE BUILDING. SO THERE'S NOT, IT'S NOT LIKE A FAST FOOD RESTAURANT DRIVE THROUGH THAT HAS A, AN ORDER ORDERING STATION. AND THEN YOU DRIVE THROUGH AND PICK UP YOUR FOOD. YOU WOULD DO ALL THAT THROUGH YOUR COMPUTER, YOUR MOBILE PHONE. UM, THOSE ARE TELEPHONE, UM, JUST CALL OR, UM, THROUGH THEIR ONLINE, UM, PROGRAMS. UM, SO WITH THIS, THERE IS A REDOING OF SOME OF THE, UH, THE PARKING SPACES, UM, YOU KNOW, ADDING THAT CURBSIDE PICKUP SO THAT YOU JUST DRIVE UP AND YOU TEXT THEM OR CALL THEM TO SAY, HEY, I'M HERE, I'M ORDERING NUMBER 43 AND THEY'LL COME BRING IT OUT AND WALK IT OUT INTO YOUR, UH, UH, CAR VEHICLE. LIKE I SAID, A LOT OF, UH, RESTAURANTS ARE NOW MAKING THOSE MODIFICATIONS, UH, DUE TO SOME OF THE CHANGING TIMES. UM, THE, UH, ONE RECOMMENDED CHANGE FROM STAFF IS TO ADD, UM, SOME SIGNS, A LITTLE BIT MORE SIGNAGE, UM, TO ADD A STOP SIGN AS YOU'RE EXITING, UH, THIS PICKUP WINDOW LOCATION, AS THERE IS SOME CROSSING MOVEMENTS THERE THAT WE JUST WANT TO MAKE SURE THAT EVERYBODY PAUSES, UM, AND SEES WHAT'S GOING ON BEFORE MOVING ON. UM, SO THE APPLICANTS ONLINE AS WELL, AND, UH, WE HAPPY TO ANSWER ANY QUESTIONS, BUT A STAFF RECOMMENDS APPROVAL. THANK YOU. IS THERE ANY QUESTIONS FOR STAFF? I HAVE A QUESTION. YES, MA'AM. UM, ARE WE GOING TO BE VOTING ON THIS AS TWO SEPARATE THINGS? UH, FIRST OF ALL, THE, UH, CURB CURB CAT, OR THE ACCIDENT, AND THEN, AND THEN ALSO THE WINDOW, ARE WE DOING IT ALL AT ONE TIME, ONE APPLICATION, UM, THEY, UH, TH DOT DIAGRAM SHOWING THE TRAFFIC SLOW SHOWS, CONSIDERABLE AMOUNT OF CROSSING OVER, UH, IS, IS THERE A REASON WHY MAYBE PART OF THE DIRECTION WOULD BE ON THE, UH, EAST SIDE OF, UH, GOING DOWN ON THE EAST SIDE OF THE BUILDING, AS OPPOSED TO BOTH, UH, UH, DIRECTIONS ON THE, UM, WEST SIDE OF THE BUILDING? UH, IS THAT A POTENTIAL, MAYBE COULD THE TRAFFIC FLOW JUST SEEMS LIKE IT'S JUST GOING TO BE A BOTTLENECK? WELL, THE, THE BOTTLENECK ACT YOU'RE TALKING ABOUT AND THE REASONING YOU DON'T SEE AN ARROW ON THE EAST SIDE IS YES. ANYBODY COULD STILL ANYBODY THAT GOES HERE AND PARKS AND GOES INSIDE AND PICKS UP THEIR FOOD. UM, DEFINITELY, UM, A LOT OF THEM PROBABLY WILL GO ON THE EAST SIDE AND GO OUT THAT, UH, THAT RIGHT IN, RIGHT OUT THAT WE DISCUSSED AT THE BEGINNING TO HEAD SOUTHBOUND, UM, THAT THE POINT OF WHAT YOU SEE THE ARROWS IS MORE TO SHOW HOW THE PICKUP WINDOW WORKS. UM, SO THAT'S PRETTY MUCH ONLY FOR THAT USE, UM, THAT IT'S NOT FOR JUST YOUR STANDARD DRIVING THROUGH THE PARKING LOT, UH, TYPE USE. UM, SO ALL OF THE OTHER ACCESS POINTS WILL STILL BE THERE AND PARKING. SO UTILIZING YOU, IF YOU DRIVE IN, UM, AND THAT, THAT'S WHAT ALL THAT SIGNAGE IS THERE FOR [01:15:01] AS WELL FOR THAT MOBILE AND DELIVERY PICKUP ONLY, UM, THAT ONCE YOU COME IN FROM THE EAST INTO THAT DRIVE, YOU WOULDN'T HAVE THE OPPORTUNITY TO BACK OUT, TO GO DOWN THE EASTERN DRIVE AISLE. YOU WOULD, YOU WOULD HAVE TO KEEP MOVING FORWARD TO COME OUT, UH, AT EITHER AT THE LOCATION NEAR THE GAS STATION OR, UM, HAD AROUND THE BUILDING, UM, ON THE WEST SIDE OF THE BUILDING, HEADING SOUTH. ANY OTHER QUESTIONS FOR STAFF? THIS JIM, MR. JEFFERSON, COUPLE OF THINGS, SCOTT ONE, I MEAN, ON THE, ON THE ENTRANCE, THE, UH, MORE CONCERNED ON THE RIGHT TURN OUT ON THE OLD TROY IS I KNOW WE TALKED ABOUT THIS WITH, UH, STARBUCKS AND JUST LOOKING AT HOW WE SEEM TO, SO MANY PEOPLE TRY TO CUT ACROSS AND LEAVING DAIRY QUEEN ON BRAND. SO, I MEAN, I WOULD, I WOULD ENCOURAGE THEM TO GET THE ANGLE AS SHARP, RIGHT. LEAVING AS POSSIBLE TO MAKE SURE THAT CAR KNOWS THAT YOU CANNOT TURN LEFT OUT OF THERE, EVEN IF THEY WANT TO, EVEN THOUGH WE MARKED IT WITH SIGNS, WE'VE ALL SEEN IT HAPPEN ALL OVER TOWN, PLENTY OF TIMES. SO IF WE COULD FORCE THE CAR THAT DIRECTION, BUT WHERE THEY STILL HAVE SAFE VISIBILITY, I WOULD LIKE TO JUST GET THAT, THAT IN THE NOTE. UM, THE OTHER, THE QUESTION I GUESS, IS SO THE, AS SOMEBODY'S LEAVING THE PICKUP WINDOW, UH, AND THEN SOMEBODY COMING IN FROM THE WHERE'S A STANDBY OR EXIT COMING IN FROM KROGER IS, IS THAT TRAFFIC FLOW SOLID ENOUGH THAT WE DON'T NEED TO PUT, UH, A NO RIGHT TURN FOR THE PEOPLE COMING IN FROM THAT KROGER SIDE ENTRANCE? OR DO WE THINK WE'RE OKAY TO LET TRAFFIC JUST FREE FLOW THROUGH THERE AS LONG AS WE HAVE A STOP SIGN? UM, SO, SO TO GO BACK TO YOUR FIRST POINT, YES, I'LL WORK WITH THEM ON MAKING SURE THAT THEIR SAYS, WE'LL SAY AS BIG OF A PORK CHOP AS POSSIBLE TO A HINDER, A LEFT TURN OUT. SO WITHIN THAT SPACE AVAILABLE. UM, BUT THEN, UM, FOR YOUR, YOUR POINT ABOUT, UM, NO RIGHT TURN IN THERE, I'M TRYING TO SEE IF THERE'S, IT'S NOT, I'M ASKING IF WE SHOULD LOOK AT MAKING IT TO WHERE WE TELL TRAFFIC. SO IT'S, TRAFFIC'S TURNING IN FROM, LET'S CALL IT THE KROGER SIDE ENTRANCE THERE. UM, DO, ARE WE OKAY WITH TRAFFIC THEY'RE TURNING RIGHT ALONG THE BACKSIDE OF THEIR, THE WEST SIDE OF THE BUILDING, OR SHOULD WE DIVERT THEM AWAY FROM THAT? IS THAT ANYTHING BASED ON, I GUESS, EXPECTED CAR COUNT TRAFFIC IN THAT AREA? IS THAT ANYTHING WE NEED TO TALK ABOUT? SO, UM, I CAN SEE AS YOU'RE COMING IN NEXT TO THE GAS STATION, INTO THE PROPERTY TURNING RIGHT DOWN THE WEST SIDE OF THE BUILDING, THAT'S DEFINITELY ACCEPTABLE. AND I DON'T SEE AN ISSUE THERE AT ALL, BUT I THINK IF YOU'RE SAYING THEM TURNING RIGHT INTO THE EXIT DRIVE AISLE, UM, WHERE THE SAY ON THE, THE, THE MAP WHERE IT SAYS STAND BY, UM, OR EXIT WHERE THE END OF THAT ARROW IS, IF THAT'S WHAT YOU'RE TALKING, UM, MAYBE I CAN RECOMMEND A, UH, AN ARROW PAINTED ON THE GROUND, UM, SHOWING OUT. YEAH, BECAUSE I MEAN, THERE ARE, THERE'S A LOT OF OPTIONAL LANES OF MOVEMENT. ONCE PEOPLE START DRIVING THROUGH AND HAVE THE VEHICLE TO GO WHATEVER DIRECTION THEY WANT. SO I JUST WANTED TO KIND OF SAFELY DIRECT TRAFFIC IN A PROPER FLOW IS WHAT I'M THINKING. WHAT I DON'T WANT TO DO IS HAVE TOO MUCH SIGNAGE, UH, BECAUSE I THINK TOO MUCH CAN, UH, TAKE AWAY FROM, UH, I LIKE THAT. I LIKE THE IDEA, LIKE YOU SAID, OF PUTTING IT ON THE PAVEMENT. YEAH. I THINK THAT THAT WORKS. AND THEN ONE LAST QUESTION, I GUESS, SO SINCE WE'RE TALKING, I MEAN, LOOKING AT THE IDEA OF FIVE GUYS, YOU KNOW, FAST CASUAL. SO WE, WE KNOW TRAFFIC IS GOING TO PICK UP WHEN WE HAVE SOMETHING LIKE THAT IN, IN THAT PARKING LOT AREA. I KNOW THAT IF I REMEMBER AT THE OTHER OTHERS, SECTION OF THE BUILDING WAS A SPECTRUM, BUT THERE'S A POTENTIAL THIRD TENANT BASED ON THE BUILD-OUT STYLE. SO IF WE'RE GOING TO HAVE ONE FAST CASUAL WITH THAT KIND OF TRAFFIC FLOW THERE, DO WE NEED TO, OR ARE WE ABLE TO SAY THAT WE, WE, WE SHOULD BE CONCERNED ABOUT CONSIDERING ANOTHER CALL IT FAST CASUAL RESTAURANT ON THE OTHER END, WOULD, ARE WE ABLE TO SAY THAT WE WOULD NOT DO THAT OR ARE WE ABLE TO RESTRICT, UM, UH, I DO NOT THINK WE SHOULD RESTRICT THAT DUE TO, UM, YOU KNOW, SOME OF OUR PARKING COUNTS AND THOSE KINDS OF THINGS ARE BASED ON BUILDING SIZE AND A, UH, A FAST CASUAL RESTAURANT OF THIS SIZE IS LESS THAN HALF THE SIZE OF WHAT WAS PREVIOUSLY THERE AS A FULL SERVE RESTAURANT IN TGI FRIDAYS. UM, SO IT DEPENDS ON THE TIME OF DAY. UM, I KNOW THE IN AND OUT THERE, THERE MAY BE SOME QUICKER, UM, MORE TRAFFIC FOR THE FAST CASUAL, UM, THAT THAT'S THEIR MODEL THAN, UM, SOME OF THE LONGER SIT-DOWNS THAT'S MAY BE IN, UH, THE, THE FULL SERVICE RESTAURANT. UM, BUT, UM, BASED [01:20:01] ON SIZE OF BUILDING, UM, THAT I DON'T SEE THAT AS AN ISSUE, UM, TO RESTRICT, UH, THEM BEING ABLE TO USE PART OF THEIR BUILDING. THAT'S WHAT I WANTED TO VERIFY. THANK YOU. ANY OTHER QUESTIONS FOR STAFF? OKAY. WE'RE OPENING UP TO THE PUBLIC. IS THERE ANYONE WISHING TO SPEAK FOR THE APPLICANT? UH, THIS IS, UH, TOM GUNLOCK, UM, WITH FIVE GUYS, UH, HERE IN DAYTON. UM, SO IF ANYBODY HAS ANY QUESTIONS FOR ME, I WOULD BE GLAD TO ANSWER THEM. ARE THERE ANY QUESTIONS FOR THE APPLICANT, JUST OUT OF CURIOSITY? I MEAN, HOW, HOW SOON DO WE THINK WE'RE GOING TO MOVE FORWARD ON THE RESTAURANT? UH, WELL, WE'RE DOING DRAWINGS AS I SPEAK, UM, BOTH FOR THE PARKING LOT AND FOR THE, UM, PICKUP WINDOW, UM, THE ARCHITECT IS TELLING ME THAT SHE SHOULD HAVE THOSE DONE BY JANUARY THE EIGHTH. AND THEN, UM, WE'LL HAVE TO GO IN FOR A BUILDING PERMIT. UM, OBVIOUSLY WE'LL, OUR SIGN COMPANY WILL BE IN TO YOU GUYS FOR, UM, THE SIGNAGE HERE SHORTLY. SO AS I GET FIVE GUYS APPROVAL, UM, AND THEN WE SHOULD START, I WOULD GUESS BY THE END OF JANUARY, AGAIN, DEPENDING ON WHAT, UM, THE CAMRY COUNTY IS DOING AS FAR AS, UM, OKAY. AND PERMITS, HOPEFULLY WE CAN GET OPEN, UH, HONOR BEFORE FIRST PART OF APRIL. ANY OTHER QUESTIONS FOR THE APPLICANT? THANK YOU, SIR. IS THERE ANYONE ELSE WISHING TO SPEAK ON THIS ZONING CASE? OKAY. AND HEARING NO ONE, IS THERE A MOTION TO APPROVE THE REQUEST BY THE APPLICANT DEFG HUBER HEIGHTS, LLC REQUESTED APPROVAL OF A MINOR CHANGE TO THE DETAILED DEVELOPMENT PLAN THAT PROPERTY LOCATED AT 77 77 OLD TROY PIKE ZONING CASE 20 DASH 35 IN ACCORDANCE WITH THE STAFF'S MEMORANDUM DATED DECEMBER 9TH, 2020 IN THE PLANNING COMMISSION'S DECISION RECORD ATTACHED TO THERE TOO. JAN VARGO MAKES THE MOTION. IS THERE A SECOND, SECOND BY MR. JEFFRIES SECRETARY, PLEASE CALL THE ROLL. YES. MS. THOMAS. YES. MR. JEFFRIES. YES. MR. VARGA. YES. MR. WALTON. YES. MOTION PASSES, SLIDE ZERO. WHAT'S NEXT FOR THE APPLICANT, MR. BELK OUT THE NEXT STEP WILL BE, UH, SUBMITTING FOR THEIR ZONING CERTIFICATE AND BUILDING PERMITS. GREAT. THANK YOU. GOOD LUCK. SO NEXT ITEM ON OUR AGENDA IS A FINAL PLAT. THE APPLICANT DEC LAND COMPANY, LLC IS REQUESTING APPROVAL OF A FLIGHT OR FINAL PLAT FOR CARRIE'S TRAILS, SECTION SIX, PHASE FIVE ZONING CASE 20 DASH 33. MR. . THANK YOU. UM, AS MENTIONED, THIS IS FOR THE FINAL PLAT CARES TRAILS, SECTION SIX, PHASE FIVE, BACK IN APRIL OF THIS YEAR, A PLANNING COMMISSION APPROVED THE DETAILED DEVELOPMENT PLAN. AND, UH, THE REQUEST TONIGHT IS TO MOVE FORWARD WITH THE FINAL PLAT. NOW THAT, UH, CONSTRUCTION IS, UH, JUST ABOUT DONE AND THEY ARE READY TO START SELLING SOME OF THOSE HOUSES THEMSELVES. UM, AS, UH, YOU SEE ON THE SCREEN, UH, IT'S THE AREA LOCATED AT THE SOUTHERN BOUNDARY OF CARRIAGE TRAILS? UM, WELL, IT'S HIGHLIGHTED IN RED THERE. WHAT I SEE AS FIVE GUYS ON THE SCREEN NOT CATCHING UP. WELL, UM, LET ME TRY AGAIN HERE. UM, SO NOW ARE YOU SEEING BACK TO THE SCREEN OF ALL OF US? NOPE. NOPE. OKAY. I'M GOING TO, OKAY. DID THAT CHANGE ANYTHING? NO, SIR. OKAY. WHAT, I'M GOING TO DO IT REAL QUICK. I'M GOING TO LEAVE THE MEETING AND COME RIGHT BACK IN. OKAY. [01:25:12] DID WE REALLY LAND ON THE MOON? OKAY. FIRST, CAN YOU HEAR ME? YES, SIR. OKAY. NOW DID ANYTHING CHANGE ON THE SCREEN? SECTION SIX. OKAY, GOOD. GOOD. ALL RIGHT. SO, UM, BACK TO WHAT'S BEING PROPOSED IS, UH, IN RED NOW THAT YOU CAN HOPEFULLY SEE IT NOW, UM, THAT, UH, AT THE SOUTHERN SIDE OF CARRIAGE TRAILS. SO THE, UH, THE REQUEST, UH, ONE, UH, SO THAT, YOU KNOW, THIS IS JUST A PORTION OF WHAT THE DETAILED DEVELOPMENT PLAN APPROVED. THERE WERE MORE LOTS APPROVED WITH THAT DETAILED DEVELOPMENT PLAN, BUT, UH, THEY'RE ONLY LOOKING TO PLAT A SMALLER AMOUNT OF THOSE AS A, THAT'S A PART OF WHAT, UH, WAS CONSTRUCTED SELVES. SO THESE ARE, UH, TWO DIFFERENT LOT SIZES AS YOU REMEMBERED THE ONES ON THE NORTH SIDE OF HONEY LOCUST STREET ARE 60 FOOT LOTS, AND THE ONE ON THE SOUTH OR THE 70 FOOT LOT AS THAT WAS PART OF THE APPROVAL, UH, BEING LOCATED NEXT TO EXISTING HOMES IN THE, UH, UH, THE HEBREW OR HEUER PLANT. SO THIS DOES, SORRY, I'M GETTING FEEDBACK. I'M NOT SURE IF THE REST OF YOU ARE OR NOT. UM, BUT, UM, THE, UH, THESE LOTS, UH, ALSO SET UP THE UTILITY, THE EASEMENTS FOR UTILITIES, AND THIS DOES MEET THOSE APPROVALS FOR LOT SIZE THAT CAME THROUGH, UM, BE HAPPY TO ANSWER ANY QUESTIONS ABOUT THIS, UM, THERE, AS YOU SEE, UH, THERE'S, UH, OTHER UTILITIES MINTS THAT, UH, GO OUT FURTHER AS, UH, SOME OF THE, UH, SEWERS DID HAVE TO BE PUT IN FURTHER THAN WHAT THESE LOTS ARE. SO, UH, BE HAPPY TO ANSWER ANY QUESTIONS, ANY QUESTIONS FOR STAFF, WE WILL OPEN IT UP TO THE PUBLIC. IS THERE ANYONE WISHING TO SPEAK FOR THE APPLICANT? GOOD EVENING, KEN CONAWAY HERE, WAIT TO SEE EVERYBODY, UH, GIVE YOU A REPORT FOR CARRIAGE TRAILS FOR THE YEAR. WE'RE ON TRACK FOR 110 SALES. SO THAT'S ACTUALLY BETTER THAN WE DID LAST YEAR. AND I HAVE REPORTED THAT TO YOU ALL. UH, I THINK AT THE LAST MEETING THAT, UH, WE KIND OF GOT, WE SLOWED DOWN A LITTLE BIT BECAUSE WE ASSUMED THAT COVID WOULD HAVE MORE IMPACT ON OUR SALES AND IT'S KIND OF NOW WE'RE SCRAMBLING TO CATCH UP. THAT'S WHY WE'RE DOING A PIECE OF THIS ONE, WHICH WE ALREADY HAVE PAVED, THANKFULLY, THE WAY THE WEATHER HAS BEEN LATELY. UH, BUT, UH, THE, THE YEAR IT LOOKS LIKE IT'LL FINISH OUT STRONG. WE'VE GOT A LOT OF GOOD HOPES FOR NEXT YEAR. WE'RE ALREADY WORKING ON SOME, UH, KIND OF THE DESIGN FOR THE BALANCE OF EVERYTHING TO THE SOUTH EAST OF, IN CARRIAGE TRAILS. AND YOU'LL ALL SEE THAT YOU'RE HOPEFULLY WITHIN THE NEXT MONTH OR TWO, BUT THIS ONE'S PRETTY STRAIGHT FORWARD. I'LL BE GLAD TO ANSWER ANY QUESTIONS ON IT. IF THERE ARE ANY, ARE THERE ANY QUESTIONS FOR THE APPLICANT AND HEARING NONE? THANK YOU, SIR. IS THERE A MOTION TO APPROVE THE REQUEST BY DC LAND COMPANY, ONE LLC, FOR APPROVAL OF THE FINAL PLAT FOR SECTION SIX, PHASE FIVE OF THE CARRIAGE TRAILS DEVELOPMENT ZONING PAGE 20 DASH 33 IN ACCORDANCE WITH THE RECOMMENDATIONS OF STAFF'S MEMORANDUM DATED DECEMBER 9TH, 2020, AND THE PLANNING COMMISSION'S DECISION RECORD ATTACHED TO THERE TOO. I LOOKED UP FOR THAT. THAT'S ALL RIGHT. MOVE THIS OFF. IS THERE A SECOND? YEAH. BARGO SECOND BY MISS FARGO. SECRETARY, WILL YOU PLEASE CALL THE ROLL? MS. THOMAS? YES. MR. JEFFRIES. YES. MS. VARGA. YES. MS. . [01:30:01] YES. MR. WALTON. YES. MOTION PASSES FIVE TO ZERO. WHAT'S NEXT FOR THE APPLICANT. THE NEXT STEP IS TO GET SIGNATURES AND RECORD. FANTASTIC. THANK YOU ALL VERY MUCH. THANK YOU. TAKE CARE. NEXT ITEM ON THE AGENDA IS A LOT SPLIT THE APPLICANT, JIM I'M BACK I'M BACK. I BELIEVE I PRONOUNCED THAT RIGHT IS REQUESTING APPROVAL OF A LOT SPLIT OF 20.578 TOTAL ACRES, THAT PROPERTY LOCATED AT 82 40 TAYLORSVILLE ROAD ZONING CASE 20 DASH 34. MR . THANK YOU. UM, SO THIS CASE IS FOR A LOT SPLIT FOR A PARCEL OF LAND THAT IS LOCATED AT 82 40 TAYLORSVILLE ROAD, WHICH IS THE INTERSECTION OF BELL FOUNTAIN IN TAYLORSVILLE. ON THE SOUTHEAST SIDE, THERE IS AN EXISTING LOT THERE THAT'S UP FOR SALE. AND, UM, THERE WAS AN OPPORTUNITY FOR THE TWO PROPERTY OWNERS ON EITHER SIDE OF IT TO, UM, EXPAND THEIR PROPERTY. SO THAT'S, UH, WHAT THIS, UH, ENTAILS IS, UH, SPLITTING THIS PROPERTY SO THAT A PART OF IT CAN BE TRANSFERRED ONE WAY. AND PART OF IT CAN BE TRANSFERRED THE OTHER WAY. UM, THIS IS ZONED AGRICULTURAL AND WITH THIS SPLIT, UH, EACH INDIVIDUAL LOT WOULD STILL MEET ALL THE REQUIREMENTS OF THE AGRICULTURAL ZONING DISTRICT. SO, UM, THIS MEETS OUR, UH, REQUIREMENTS FOR THE SPLITS AND, UH, STAFF RECOMMENDS APPROVAL. BE HAPPY TO ANSWER ANY QUESTIONS. ARE THERE ANY QUESTIONS FOR STAFF THEN WE'LL OPEN UP TO THE PUBLIC, ANYBODY WISHING TO SPEAK FOR THE APPLICANT? YES. HI, THIS IS JIM HAHN AND BUCK. UH, THANKS FOR YOUR TIME. UM, I'M ACTUALLY A POWER OF ATTORNEY FOR MY MOTHER JOANNA HEINBACH, UH, AND LIKE SCOTT SAID, UH, WE'RE LOOKING TO, UH, TO BASICALLY CREATE TWO, UH, TWO PLOTS TO, UH, LOTS HERE AND BASICALLY, UH, THE OWNERS ON EACH SIDE OF THE PROPERTY OR, UH, LOOKING TO PURCHASE, UH, PURCHASE THE, UH, ACREAGE THERE THAT'S SHOWN. SO CERTAINLY, UH, ANSWER ANY QUESTIONS IF YOU'D HAVE ANY, OKAY. UH, ANY QUESTIONS FOR THE APPLICANT? THANK YOU, SIR. THANK YOU. IS THERE ANYONE ELSE WISHING TO SPEAK ON THIS 17 CASE? OKAY. IS THERE A MOTION TO APPROVE THE REQUEST BY JIM HUMP HEINBACH OR APPROVAL OF LOT SPLIT OF 20.58 ACRES FROM PARCEL P 70 ZERO THREE NINE ZERO FIVE ZERO ZERO TWO FIVE. AND ZERO THREE NINE ZERO FIVE ZERO ZERO TWO THREE FROM THE MONTGOMERY COUNTY OHIO RECORDS, DONI CASE 20 DASH 34 IN ACCORDANCE WITH THE MONTGOMERY COUNTY. I'M SORRY, IN ACCORDANCE WITH THE RECOMMENDATIONS OF STAFF'S MEMORANDUM DATED DECEMBER NINE, 2020 WITH THE FOLLOWING, OR I'M SORRY, WITH THE PLANNING COMMISSION'S DECISION RECORD ATTACHED TO THERE TO MAKE THE MOST . IS THERE A SECOND? HOW SECOND SECOND BY MS. THOMAS SECRETARY, WILL YOU PLEASE CALL THE ROLL? MOSOP MS. BARDO? YES. MS. THOMAS? YES. MR. JEFFRIES. YES. MR. WALTON. YES. MOTION PASSES FIVE TO ZERO. WHAT'S NEXT FOR THE APPLICANT? UH, THE NEXT STEP WOULD BE TO RECORD WITH THE COUNTY. FANTASTIC. THANK YOU, SIR. THANK YOU. WE HAVE NO ADDITIONAL BUSINESS, UH, APPROVAL OF MINUTES, THE PLANNING COMMISSION'S, UH, MINUTES FOR NOVEMBER. SOMEBODY SAY SOMETHING, I GUESS NOT A APPROVAL OF MINUTES. THE PLANNING COMMISSION IS NOVEMBER 10TH, 20, 20 MINUTES WILL BE APPROVED AND HEARING NO OBJECTIONS. THEY ARE APPROVED REPORTS AND CALENDAR REVIEW, MR. FALCO, AS THIS IS THE, UH, THE END OF THE YEAR. WE DO NOT HAVE A SECOND MEETING IN DECEMBER OF, SO THE, UH, JANUARY 12TH MEETING, WE STILL HAVE THE OPPORTUNITY FOR CASES TO COME FORWARD. SO THAT'S NOT SET YET. OKAY. THAT'S ALL. ALL RIGHT. WELL, I'D LIKE TO WISH EVERYONE A MERRY CHRISTMAS [01:35:01] AND HAPPY HOLIDAYS, HAPPY NEW YEAR, BE SAFE, AND HOPEFULLY THINGS WILL CONTINUE ON AND WE'LL HAVE A WONDERFUL, THANK YOU, TERRY. YOU AS WELL, MEANING A DRY CHRISTMAS TO YOU. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.