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[00:00:01]

I SHOULD CALL A MEETING

[ AGENDA CITY PLANNING COMMISSION City Hall - Council Chambers 6131 Taylorsville Road March 23, 2021 6:00 P.M. ]

THE CITY HUBER HEIGHTS PLANNING COMMISSION TO ORDER SECRETARY, WILL YOU PLEASE CALL THE ROLL, MR. JEFFREY'S HERE OFF MS. THOMAS HERE, MS. FARGO HERE AND MR. WALL HERE.

I HAVE NO OPENING REMARKS AS ANYONE ELSE IN THE NEXT ON THE AGENDA IS CITIZENS' COMMENTS.

THIS IS THE APPROPRIATE TIME FOR ANY CITIZEN'S COMMENTS, NOT PERTAINING TO ITEMS ON THE AGENDA.

HEARING NONE.

WE'LL MOVE ON TO SWEARING OF 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 DUE TO THE FOLLOWING, HAVE YOU HERE BY SWEAR OR AFFIRM THE THREAT OF PERJURY TO TELL THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH.

SO HELP YOU GOD, PLEASE BE SEATED.

I ASK ANYONE WISHING TO SPEAK TONIGHT TO STEP TO THE PODIUM AND SPELL THEIR NAME FOR THE RECORD.

WHEN THE TIME IS APPROPRIATE, WE HAVE NO PENDING BUSINESS.

THE FIRST ITEM UNDER NEW BUSINESS IS A REZONING.

THE APPLICANT JEAN REALTY, LLC IS REQUESTING APPROVAL OF THE REZONING AND BASIC DEVELOPMENT PLAN FOR 14 POINT 18 ACRES AT THE CORNER OF THE INTERSECTION OF FITCHBURG ROAD AND BEL FONTANE ROAD ZONING CASE 21 DASH ZERO EIGHT.

MR .

THANK YOU.

GOOD EVENING TONIGHT, UH, AS MENTIONED THE FIRST CASES FOR A REZONING AT FITCHBURG AND BELL FOUNTAIN, UH, THIS IS, UH, AT THE NORTHWEST CORNER, UH, WHICH IS A PROPERTY THAT HAS PREVIOUSLY BEEN ZONED, UH, CURRENTLY ZONED FOR A CHURCH.

UH, THIS WAS ORIGINALLY A ZONE FOR A SINGLE FAMILY RESIDENTIAL, AND THEN YEARS AGO IT WAS REZONED FOR A CHURCH.

THE CHURCH NEVER MOVED FORWARD WITH BUILDING AND HAS SOLD TO A NEW OWNER WHO WISHES TO BUILD SINGLE FAMILY, RESIDENTIAL LOTS, THE, UH, ORIGINAL PLAN OR THE PREVIOUS PLAN THAT HAD THE CHURCH.

THEY HAD THE LAYOUT WITH A SINGLE FAMILY, LOTS AROUND IT, AND THIS WAS THE ORIGINAL PLAN.

UM, SO YOU CANNOT GO BACK TO THE ORIGINAL PLAN, UM, BECAUSE THE STREET NETWORK IS COMPLETELY DIFFERENT NOW.

UM, SO THIS IS A COMPLETELY SEPARATE LOT.

THERE ARE NO STREET POTENTIAL STREET CONNECTIONS FROM WITHIN THE SUBDIVISION.

SO THIS IS A, WE'LL CALL IT OUT ON AN ISLAND, UH, BECAUSE IT CANNOT HAVE THAT INNER CONNECTION.

SO THIS IS WHAT THEY'RE PROPOSING.

NOW.

THESE ARE ALL SINGLE FAMILY, LOTS TO BE SOLD TO A BUILDER.

UM, JUST THE SAME AS THE REST OF THE OAKS SUBDIVISION, WHICH IS THE NEIGHBORING SUBDIVISION.

THE REQUEST IS FOR 34 SINGLE FAMILY, RESIDENTIAL LOTS WITH TWO OPEN SPACE, LOTS STREET ACCESS WILL COME OFF OF IT ROAD, THIS AND THESE ARE PUBLIC STREETS AND THEY ARE THE TYPICAL STREET SECTION WITH A 27 FOOT BACK-TO-BACK CURBS SIDEWALKS ON BOTH SIDES, BELL FOUNTAIN AND FITCHBURG ROAD BOTH WILL BE IMPROVED THAT WILL HAVE CURBS AND GUTTERS AND HAVE A FIVE FOOT SIDEWALKS ON, UM, ON THIS SIDE OF THE STREETS, THE LOTS THEMSELVES, THE REQUESTS, LOTS, UM, THAT'S UH, HERE ARE A LITTLE BIT SMALLER THAN WHAT THE REQUIREMENT IS FOR THE OIC.

SO HERE'S THE DIFFERENCE BETWEEN THIS AND THE REST OF THE OAK SUBDIVISION, THE EXTERIOR LOTS, WHICH ARE ALL THE ONES.

YEAH.

IS THAT ON THE OUTSIDE OF THAT RING ROAD ARE A MINIMUM OF 85 FOOT WIDE AND THEN ON THE INTERIOR, UH, THOSE LOTS, UM, SOME OF THEM WERE 80 FOOT WIDE OR LARGER, BUT A MINIMUM OF 75 FOOT WIDE.

SO THAT'S THE DIFFERENCE BETWEEN THIS AND THE REST OF THE SUBDIVISION, THE REQUIREMENTS FOR THE SETBACKS 25 FOOT FRONT YARD SETBACK, 40 FOOT REAR, 10 FOOT SIDE, SAME AS THE REST OF THE OAKS.

THE, UH, ANOTHER PART OF IT WAS, UH, BERMING ALONG A BELL FOUNTAIN AND A FITCHBURG ALONG THE FRONTAGE.

THERE IS A 25 FOOT, UH, UM, AREA THERE FOR THAT FIRMING THE LANGUAGE FOR THAT BURMIN AM'S THE VEGETATION IS EXACTLY THE SAME AS THE ORIGINAL APPROVAL FOR THE REST OF IT.

THE OAKS, THE BUILDING MATERIALS.

ONCE AGAIN, THESE ARE EXACTLY THE SAME AS THE REST OF THE OAKS WHERE IT'S 25% MASONRY ON THE YEAH.

EXTERIOR OF THE HOUSE.

UM, MINIMUM FOUR IN GENERAL, AND THEN, UH,

[00:05:01]

THE LOTS THAT ARE ALONG BELL FOUNTAIN AND FITCHBURG HAVE MORE MASONRY HAVE THE 50% MASONRY ON CERTAIN TYPES OF PLOTS AND THEN FULL WRAP ON CERTAIN TYPES.

LOTS.

THE, UH, THERE IS A PROPOSED DETENTION AREA, UH, LOCATED AT THE NORTH END EAST CORNER OF THIS SLOT.

THAT'S, UH, ALL OF THE TRAIN, NO, TOO.

THIS IS SEPARATE FROM THE DETENTION BASIN.

THAT'S DIRECTLY TO THE NORTH OF IT AND WILL HAVE ITS OWN OUTLETS THAT GOES OUT TO BELL FOUNTAIN ROAD AND CONNECT INTO THE CITY'S STORMWATER SYSTEM.

THE OVERFLOW OF THIS, IT WAS OUT TO BELT BOUND ROAD, NOT ONLY INTO THE EXISTING DETENTION BASE INTO THE NORTH OF THE CITY EYES OF HOUSES, THE SIZE OF HOUSES, LET'S SAY EXACTLY THE SAME AS WHAT'S IN THE OAKS.

THE, UM, AT LEAST A 90% OF ALL SINGLE STORY RANCH, DWELLINGS SHOVE, A MINIMUM FLOOR AREA OF 1600 SQUARE FEET.

UM, THE, UH, LET'S SAY UP TO 10% MAY HAVE MINIMUM FLOOR AREA, 1500 TO 1600 SQUARE FEET.

AND THEN, UM, UH, THE TWO STORY, 90% OF THE TWO STORY SHOT AT MINIMUM FLOOR AREA OF 2000 SQUARE FEET, AND THEN 10% AT A MINIMUM OF 18 HUNDREDS, 2000 SQUARE FEET.

SO THE, UH, THESE LOTS WILL HAVE PUBLIC WATER AND SEWER, THE SANITARY AND WATER AND THAT'S WILL BE LOCATED WITHIN THIS AREA.

UM, AND WE DID RECEIVE EMAILS FROM, UM, QUITE A FEW NEIGHBORS.

THEY ARE LOCATED IN YOUR PACKET.

THERE WAS ONE IN FAVOR.

UM, AND THEN THERE WERE QUITE A FEW THAT HAD, UH, ISSUES RANGING FROM THE BIGGEST ISSUE WAS DENSITY AS MENTIONED WITH 34 LOTS AND THE LOTS BEING A MINIMUM WITH A 80 AND 75, THERE ARE MORE LOTS PROPOSED THAN WHAT THE ORIGINAL PLAN BACK IN 2003 HAD.

UM, IF, UH, I LOOKED AT, UH, IF, UH, TO BE ABLE TO, UM, FIT 85 FOOT LOTS ON EVERY LOT HERE.

AND THIS WAS JUST A QUICK TAKE FIVE FEET FROM HERE AND MOVE FIVE FEET FROM HERE, YOU WOULD LOSE ABOUT FOUR LOTS.

SO THAT WOULD BRING THAT DOWN TO 30.

UM, THE, AS IF YOU READ SOME OF THE EMAILS, THERE IS A TALK OF 29 AS WHAT THE ORIGINAL PLAN SHOWED.

UM, BUT LIKE I SAID, THE ORIGINAL PLAN HAD A DIFFERENT STREET NETWORK.

SO, UM, THERE, THAT'S WHERE THERE COULD BE A DIFFERENCE OF ONE.

SO, UM, OTHER, UH, CONCERNS BASICALLY ABOUT THE DRAINAGE, AS I MENTIONED, UM, THERE WAS, UH, A REQUEST FOR A BIKE PATH HERE, BUT THERE'S NO BIKE PATH CONNECTION ANYWHERE NEARBY.

UM, UP TO THE NORTH IN FRONT OF, UH, THE OAKS IS A FIVE FOOT SIDEWALK WHERE THE, UM, PROJECTS GOING RIGHT NOW THAT THE CITY'S DOING RAISING THE STREET ON BELL FOUNTAIN, THAT'S PROPOSED FIVE FOOT SIDEWALKS.

SO, UH, STAFF DIDN'T FEEL THAT IT'S NECESSARY TO TRY TO PUT A BIKE PATH HERE THAT DOESN'T CONNECT TO ANY OTHER BIKE PATH WITHIN A REASONABLE RANGE.

UM, SO I'LL BE HAPPY TO ANSWER QUESTIONS TO PEOPLE HERE WHO WOULD LIKE TO SPEAK AS WELL QUICK, MR. JEFFRIES, JUST FOR CLARIFICATION ON ONE SCOUT IN THE STAFF ANALYSIS AND RECOMMENDATION.

SO STREET ACCESS WILL COME OFF BELL FOUNTAIN AND FISHBURN.

AYE.

I REVISE THAT TODAY.

PUT A NEW REVISED IT'S JUST BELL FOUNTAIN.

OKAY.

AND THEN YOU SAID THE WHOLE OUTER RING BASICALLY HAS THE SAME 80 FOOT LOT WITH, AND IT LOOKS LIKE ON LOT SIX SHOWING 73, THERE'S A PUR THAT COMES INTO THAT.

THAT'S JUST THE STRAIGHT PIECE.

THAT'S THE 73.

SO IT IS 80 FOOT.

UM, BUT IF YOU COUNT THE CURRENT SLIP THAT THEY DIDN'T LABEL ANY, UH, MS. FARGO, DID I HEAR YOU SAY THAT WITH THE IMPROVEMENTS THAT ARE HAPPENING NOW IN BELL FOUNTAIN, THAT THERE WILL BE SIDEWALKS INCLUDED THAT ARE NOT THERE NOW? OR DID I MISS IT? THAT IS CORRECT.

THE, UH, AT THE, JUST SOUTH OF CHAMBERSBURG WHERE THE CITY IS RAISING THE ROAD, THEY ARE PUTTING A SIDEWALK ON, UM, THE, UH, WEST SIDE OF THE STREET.

SO IT WILL GO FROM CHAMBERSBURG TO THE OAKS.

IT'S UM, I'LL HAVE TO LOOK TO SEE HOW FAR IT GOES, UH, WHERE THE EXTENTS

[00:10:01]

ARE, NOT ALL THE WAY TO FITCHBURG, CORRECT.

BECAUSE I'M LOOKING AT THIS PLAN, JUST THE NORTH BOUNDARY OF THIS PARTICULAR DEVELOPMENT WOULD NOT HAVE SIDEWALKS FROM THERE TO THE ENTRANCE.

IS THAT CORRECT? THERE'S A PORTION OUT IN FRONT OF THE OAKS RIGHT NOW THAT HAS SIDEWALKS.

UH, BUT THAT'LL BE A, UM, BUT WHAT'S OUTSIDE THIS BOUNDARY WOULD BE A DIFFERENT PROJECT TO CONNECT.

AND DO YOU KNOW WHAT THE APPROXIMATE DISTANCES THAT WOULD NOT HAVE SIDEWALKS, BUT PROBABLY ABOUT FIVE, 600 FEET.

OKAY.

AND THOSE MOST LIKELY WOULD IN THE FUTURE BE IN OUR SIDEWALK PROGRAM? YES.

THAT'S SOMETHING THAT THE CITY WOULD PUT AS PART OF A PROGRAM AT SOME POINT IN THE FUTURE.

THANK YOU ALL.

I HAVE ANY OTHER QUESTIONS FOR STAFF.

OKAY.

WE'LL OPEN IT UP TO THE PUBLIC.

IS THERE ANYONE WISHING TO SPEAK FOR THE APPLICANT FOR THE APPLICANT? YES, SIR.

WOULD YOU PLEASE COME TO THE BOAT? YES.

SO JUST A COUPLE OF THINGS I WANT TO SAY IS IT, IS WE STATE YOUR NAME PLEASE? MY BAD.

MY NAME IS CHRISTOPHER KALER HERE TO SPEAK FOR THE APPLICANT.

UM, YES.

SO ACTUALLY I'VE GOT A QUESTION FOR SCOTT REAL QUICK.

UH, THE EXISTING OAKS, THE PART THAT WAS BUILT OUT AND THE 10 ACRES TO THE WEST, THE DENSITY OF THAT, IT WAS MY UNDERSTANDING THAT IF YOU TOOK THAT, THAT DENSITY AND USE THE EQUIVALENT DENSITY ON OUR 14.1 ACRES, IT WOULD BE 35 LAW.

UM, CAN YOU CONFIRM, SO EACH SECTION THAT CAME THROUGH WOULD HAVE A DIFFERENT DENSITY, UM, WITHIN ITSELF.

UH, SO THE COMPARISON IN, UH, I RAN THE NUMBERS TO COMPARE.

I MEAN, THEY RANGED, YOU KNOW, SECTION ONE HAD 1.6, NINE UNITS AN ACRE AND IT RANGED UP, THERE WERE SOME SECTIONS, THERE WERE UP NEAR THREE UNITS, AN ACRE.

UM, BUT, UM, IT'S THE, THE ORIGINAL PLAN WAS LOOKED AT AS AN OVERALL DENSITY OF THE WHOLE PROJECT.

UM, SO, UH, I, I MENTIONED THIS LAST TIME, THIS CAME THROUGH, THERE'S A LOT OF DIFFERENT WAYS TO LOOK AT THE DENSITY, UM, AND HOW IT COMPARES TO THE LOTS AROUND IT.

UM, SO THERE IS, UH, IF YOU LOOK AT JUST THE SINGLE FAMILY, RESIDENTIAL LOTS AND NOT THE ESTATE, LOTS TO THE NORTH, THEN THE DENSITY OF THOSE SINGLE FAMILY, LOTS IS HIGHER THAN WHAT'S SHOWN ON THE ORIGINAL DRAWING BECAUSE THE LOTS ARE SMALLER ON AVERAGE.

UH, SO THERE'S MANY WAYS TO LOOK AT IT, BUT JUST IF YOU DO JUST A COMPARISON, UM, TO THE, UH, 10 ACRES DIRECTLY TO THE, THE WEST THAN, UM, YES, THIS DENSITY WOULD MATCH WITH THAT.

IF THAT MAKES SENSE, GOT A 176 HOUSES ON 285,000 SQUARE METERS, WHICH WOULD HAVE PUT IT AT 35 UNITS.

SO BY THAT CALCULATION, WHICH WAS WHAT WE WERE USING, WE CAME UP WITH 34 WOULD ACTUALLY LOWER IT.

UM, BUT BEFORE I GET INTO THAT, I JUST WANT TO SAY REAL QUICK, A LITTLE BIT ABOUT US.

WE'RE A SMALL DEVELOPER.

UH, WE DON'T CUT CORNERS.

WE DON'T GO CODE MINIMUM ON EVERYTHING LIKE SOME BIGGER DEVELOPERS.

DO WE HAVE A VESTED INTEREST IN THIS AREA THAT WE CARE VERY MUCH ABOUT IT? WE ARE FLIPPING THE BICENTENNIAL BARN, JUST DOWN THE ROAD.

WE PUT IN, IN THE NEIGHBORHOOD OF $2 MILLION INTO THAT.

THAT'S OUR BUSINESS.

THIS IS VERY CLOSE TO US AND WE CARE ABOUT MAKING THIS GOOD.

AND WE GET STUFF DONE AS CAN BE EVIDENCED BY THAT.

SO WE RESEARCHED A DIFFERENT ROUTE FOR HOW THIS COULD BE PROFITABLE, WHICH AFTER THE HEARING, AND WE FOUND WHAT WE THINK IS A ROUTE THAT'S GOOD FOR US.

AND THAT ADDRESSES THE CONCERNS, WHICH WERE DENSITY AND RENTALS FROM THE CITY TRIAL.

UM, SO YEAH, THE, THE NAME WE'RE CHANGING IT, IT'S NOT ORANGE COURTYARD ANYMORE.

IT'S NOT INTENDED TO BE RENTALS.

IT'S NOT

[00:15:01]

OUR COURTYARD HOUSE PRODUCT.

SO WE'RE NOT USING THAT NAME.

WE WERE INTENDING TO NOT BE RENTALS AS SCOTT SAID.

UM, AND THEN, YEAH, THIS IS PRETTY MUCH DUPLICATE OF EVERYTHING THAT'S BEEN SAID ALREADY, BUT YEAH, THE, THE DENSITY BY MY CALCULATION IS ACTUALLY LOWER THAN, THAN THIS PART THAT'S BEEN BUILT OUT.

AND I DON'T FEEL IT'S FAIR TO HOLD US AGAINST THE ESTATE, LOTS SITTING THERE CAUSE IT'S JUST WOODED AREA.

AND I DON'T KNOW IF IT'LL EVER BE A STATE LOTS OR NOT.

UM, SO JUST ON WHAT'S BUILT AND THEN THE NEIGHBOR TO THE WEST OF US, THE DENSITY IS THE SAME.

AND WHILE IT'S NOT AN ODD SHAPE, IT'S KIND OF ODD DIMENSION.

LIKE THERE'S ONLY ONE LAYOUT.

YOU'LL NOTICE IT'S THE SAME LAYOUT BASICALLY IS WHAT WE CAME INTO BEFORE.

IT'S REALLY THE ONLY LAYOUT THAT WORKS ON THIS LAND.

SO TO MATCH THAT DENSITY AND WE HAD TO GO TO THE 85 FOOT LOT.

AND, UH, I SHOULD ALSO SAY THAT THERE'S A COUPLE IN THE OAKS THAT ARE 80, 80 FEET WIDE AT THE SETBACK, ACCORDING TO THE MONTGOMERY COUNTY GIS, THERE ARE 80 FOOT BY 142 FOOT LOTS IN THERE.

THERE'S ACTUALLY A HANDFUL THAT THEY'RE ALSO UNDER THE 12,000 SQUARE FOOT PER ACRE MINIMUM.

SO IT'S ACTUALLY NOT THAT DIFFERENT TO A FEW OF THE LOTS IN THERE IN TERMS OF LOT SIZE.

BUT YEAH, I'M, I'M, THAT'S PRETTY MUCH ALL I WANTED TO SAY.

I'M HERE TO ANSWER ANY QUESTIONS FROM THE PLANNING COMMISSION OR RESIDENTS, ANY QUESTIONS FOR THE APPLICANT, MR. JEFFREY, JUST TO CLARIFY.

SO THE, THE GREEN SPACE IS THAT TO BE ACCESSED BY THE WALKWAY THAT GOES BETWEEN THE HOMES, DO WE, IS THAT INCORRECT GOING TO BE HARD? SO WHEN SOMETHING LIKE THAT, DID WE HAVE ANY OTHER SETBACKS WE NEED TO ADDRESS SCOTT, IF WE'RE GONNA PUT A WALKWAY BETWEEN RESIDENCES THERE, WHEREAS WITH, OR ADDITIONAL THE LOTS THAT ARE NEXT TO IT WOULD BOTH STILL HAVE 10 FOOT SIDE YARD REQUIREMENTS.

ANY OTHER QUESTIONS FOR THE APPLICANT? THANK YOU, SIR.

YEP.

IS THERE ANYONE ELSE WISHING TO SPEAK ON THIS ZONING CASE? YES, SIR.

RONALD V 59 OH EIGHT OH CREEK TRAIL, LIVE IN THE OAKS.

DEA.

KAY.

CAN I HAVE A FEW QUESTIONS I SENT IN AN EMAIL? YOU CAN SEE IT THERE FROM RONALD ID DOT CTR.

OKAY.

FIRST ONE, SINCE I DON'T HAVE MY HEARING AIDS IN, I DIDN'T HEAR SCOTT FIRST.

THANK YOU FOR TAKING YOUR TIME TO DISCUSS THIS FOR 30 MINUTES ON THE PHONE WITH ME, WITH YOUR BUSY SCHEDULE RIGHT NOW, UH, HAVING BEEN THE CHIEF OF COMPREHENSIVE PLANNING FOR THE UNITED STATES AIR FORCE AT THE PENTAGON.

THIS IS SOMETHING NEAR AND DEAR TO MY HEART IN MY PREVIOUS CAREER.

NOT NOW.

SO I DUST OFF THE TEA LEAVES AND I START LOOKING AT IT.

OKAY.

FIRST THING I NOTICE IT'S A GOOD, IT'S A DECENT PLAN BETTER THAN THE LAST ONE.

SCOTT TOLD ME ON THE PHONE THAT BASICALLY EVERYTHING IS, THEY READ LOUD AND CLEAR THE COUNCIL VOTE OF EIGHT TO NOTHING AGAINST WHAT WAS GOING ON.

AND I REMEMBER MR. CAMPBELL SITTING UP THERE ON THE DOS.

AFTER I SPOKE BEFORE THE VOTE SAYING WE WERE TOUGH ON NOBLER.

WE STUCK TO THE PLAN.

WE HAD A PLAN FROM 2002.

WE STUCK TO THE PLAN THROUGH ALL OF THE NUMEROUS TIMES THAT HE WANTED TO COME IN AND CHANGE.

AND I HAVE EXAMPLES SINCE I WAS UP HERE WITH HIM.

MR. STEWART, WHEN WERE YOU THE HOA? WHAT YEAR? THAT LONG AGO.

OKAY.

2009, 2010.

WHAT WAS HAPPENING THEN? RECESSION, INVERNESS COULDN'T SELL.

COULD HARDLY GIVE AWAY A HOUSE TO BUY.

WHAT DID SAM NOBLER DO? WELL, FIRST I HAD TO COME HERE BECAUSE HE TOOK ME TO THE COUNCIL BECAUSE I WAS DRILLING A WATER.

WELL, IN MY BACKYARD TO DO MY IRRIGATION, HE THOUGHT THAT WAS GOING TO MESS UP EVERYTHING.

IT'S NOT MY WATER WALL WORKS WELL FOR MY SPRINKLER SYSTEM, BUT HE WAS HERE

[00:20:01]

AND THIS GOOD MAN JUST HAPPENED TO BE HERE.

TONIGHT WAS STANDING RIGHT HERE NEXT TO HIM, TO SAM NOBLER.

AND WHAT DID SAM NOBLER WANT TO DO? HE WANTED TO SELL UNITS.

HOW CAN YOU DO IT? YOU HAVE A MASTER PLAN THAT HAS BEEN ACCEPTED SINCE 2000, 2002.

AND HE WANTED TO CHANGE HOW THE HOUSES WERE BUILT.

WE'RE GOING TO BUILD PATIO HOMES, SLAB HOUSES, SIR.

EXCUSE ME.

CAN YOU STICK TO WHAT WE'RE DOING HERE ON THIS CASE OR NOT A PREVIOUS? OKAY.

NO, BECAUSE I WANT TO MAKE SURE WITH THIS, IT PARALLELS DIRECTLY INTO THIS, FROM OUR CONVERSATION WITH SCOTT, HE WANTED TO CHANGE IT.

THAT EVERY UNIT HAD TO HAVE A BASEMENT TO SELL THE HOUSE.

THIS LAST PLAN.

IT DOESN'T SAY IT IN HERE.

ARE THEY GOING TO BE SLAB HOUSES OR ARE THEY GOING TO MIRROR THE OAKS? AS YOU SAID, SCOTT, EVERYTHING IS GOING TO BE LIKE THE OAKS, EXCEPT A FEW ITEMS. NOTHING IS IN WRITING ON THAT.

THERE WAS A BIG DIFFERENCE BETWEEN A SLAB HOUSE AND THAT THAT'S ONE.

THE NEXT ONE, THE SQUARE FOOTAGE OF THE LOT SIZE DOES NOT MEET THE OAKS DOES NOT.

THE MINIMUM LOT SQUARE FOOTAGE SIZE DOES NOT MEET THE OAKS.

WE CAN PSYCHOANALYZE THIS DENSITY TO THIS DENSITY OR THIS DENSITY DOESN'T MEET THE LOT SIZE.

YES OR NO.

IT DOESN'T HAVE THE VAST MAJORITY.

SOME OF THEM DO, BUT A LOT OF THEM DON'T NEXT.

SINCE IT'S OVER 30 UNITS PER THE CITY OF HUBER HEIGHTS, YOU HAVE TO HAVE TWO ACCESS POINTS, EMERGENCY, ET CETERA, ET CETERA.

YOU HAVE TO HAVE TWO.

I ONLY SEE ONE NEXT.

I'D LIKE TO SEE THE CALCULATION BASED ON THE IMPERMEABLE SURFACES.

SINCE OURS IS 27.2 ACRE FEET OF WATER FOR OUR UPON AND RELIEF TO THE SECONDARY ONE IS WHAT IS THE CALCULATION THAT DETERMINES THAT ONE TO MAKE SURE IT'S THE RIGHT SIZE.

SCOTT WAS THERE.

I DIDN'T HEAR YOU.

WAS THERE SIDEWALKS ON BOTH SIDES? YES, SIR.

OKAY.

STANDARD PUBLIC STREET AND UH, WHAT A STANDARD PUBLIC STREET.

OKAY.

THE, WE NEED TO MAKE SURE THAT THE SQUARE FOOTAGE OF THE LOT SIZES, THAT THE MINIMUM, THERE'S NO REASON TO HAVE THAT.

NOT TO HAVE THAT.

IF THEY'RE TRULY VESTED ON WHAT THE COUNCIL SPOKE A FEW WEEKS AGO, TO BE LIKE THE OAKS, AS SCOTT TOLD ME ON THE TELEPHONE, THEY NEED TO DENSITY IS A SOLVED ISSUE.

IF YOU JUST DO THE SQUARE FOOTAGE SIZE AND A LOTS, THAT'S SOLVED YOU DO THAT.

THEN YOU HAVE NO, YOU HAVE NO.

SORRY ABOUT THAT.

YOU HAVE NO, YOU HAVE NO SAY YOU CAN PSYCHOANALYZE THE SQUARE OR THE DENSITY TO ALL YOU WANT.

IF YOU HAVE A STANDARD STREET SIZE, HAVE A LOT SIZE THAT YOU'RE MAINTAINING YOUR DENSITY IS SOLVED.

THAT'S THE EASY WAY TO LOOK AT IT.

BUT TWO ACCESS POINTS.

THAT'S BY CITY HUBER HEIGHTS FOR ANYTHING OVER 30 UNITS, 30 UNITS, AND OVER BASED ON OTHER FOLKS THAT WERE WILLING TO TALK, I MIGHT WANT TO COME UP AGAIN.

BUT, UH, BUT THOSE ARE THE MAIN ONES.

UH, THERE ARE, AS I WAS ALWAYS TOLD WITH MY CERTIFICATIONS, YOU HAVE A PLAN, THE CITY COUNCIL, INCLUDING EUGENE, WHEN YOU WERE UP THERE, YOU KEPT TO THE PLAN.

YOU DIDN'T CHANGE IT JUST BECAUSE OF CHANGING DYNAMICS.

NOW WE HAVE SOMETHING ELSE THAT CAN TRULY COMPLIMENT THIS AREA AND CONTINUE ON WITH PROPER PLANNING.

WE DON'T WANT A 50 YEAR ERROR BECAUSE THAT'S WHAT IT'S GOING TO BE.

[00:25:02]

I HAVE NO PROBLEM BUILDING HOUSES THERE INSTEAD OF A CHURCH.

FINE, BUT YOU NEED TO DO IT CORRECTLY.

AND TO MAKE SURE IT COMPLIMENTS RIGHT NOW, IT DOESN'T, WE DON'T KNOW THE PERCENTAGE OF BRICK.

THE WRAP, ALL OF THOSE DIFFERENT THINGS WERE ALL LAID OUT AS CHAN WELL KNOWS FOR SAM, NO BLURS FOR THE 15 PHASES OF THE OAKS THAT WAS ALL LAID OUT.

EVEN ONE IS ON THE INITIAL, ON THE INITIAL SIDE OF THE OLD, UH, BORDER, UH, TO THE, UH, UH, THE OTHER STREET, FORGOT THE STREET NAME.

THOSE ALL HAD TO BE FULL BRICK WITH A TRANSITION.

ALL THAT WAS WRITTEN IN THE WHOLE MASTER PLAN PERMIT AND EVERYTHING.

AS YOU WILL KNOW, JAN, JUST DO THE RIGHT THING, FOLLOW IT.

I DON'T THINK THERE'LL BE ANY ISSUES RIGHT NOW IN THIS DAY AND AGE, YOU CAN BUILD ANY HOUSE YOU WANT THERE WITH A FULL BASEMENT AND GIVE ANYTHING.

AND THERE'LL BE SOLD ALMOST ON THE SPOT IN THIS DAY AND AGE, THE HOUSE IS IN THE OH, SOME OF THEM DIDN'T EVEN HIT THE MSL AND THEY'VE SOLD BEFORE THEY EVEN HIT THE MSL.

THAT'S WHY THAT NEEDS TO BE THE SAME AS THE OAKS.

AND I THINK THE COUNCIL A COUPLE OF WEEKS AGO, A COUPLE OF THREE OF THEM.

THERE'S TWO OF THEM HERE, UH, THAT THEY SPOKE LOUD AND CLEAR FOLLOW THE MASTER PLAN OR THE OAKS AND DO IT THE SAME WAY YOU HAVE BELL FOUNTAIN AND YOU HAVE FITCHBURG AS NATURAL TRUNCATION POINTS FOR YOUR BARRIER FOR SOMETHING ELSE GOING ON.

ON THE OTHER SIDE WHERE THE SUBSTATION SITE IS, THAT'S A NATURAL TRUNCATION, DO THE RIGHT THING FOR THAT AREA.

INSTEAD OF TRYING TO BUILD IT IN LIKE A SARDINE CAN, EVERYTHING WAS MASTER PLAN IN FOREST.

GLEN, YOU HAVE KALMAR FARMS DOWN THE STREET AND EVERYTHING ELSE.

THIS IS WHAT THIS NEEDS TO BE.

I'LL RESERVE MY COMMENTS IF I HAVE MORE.

THANK YOU, SIR.

ANY, ANY CAUTIONS TO MEET QUESTIONS? YES.

YES, SIR.

I'LL TALK LOUDER.

OKAY.

I'LL TALK LOUDER.

AND I'LL TRY TO LOOK BACK.

COULD YOU PLEASE BRING UP THE ORIGINAL OAK STERLING SCOTT? UM, YOU TALKED, YOU TALKED A LOT ABOUT, STILL CHANGE THE PLAN.

UM, WHERE'S THIS ROAD WHERE THIS GREEN SPACE, WHAT HAPPENED OVER HERE? LIKE THERE'S QUITE A BIT AND YOU SEEM TO BE DOING MINE RIGHT NOW.

THEY'RE BUILDING, THEY JUST BUILT NOT BUILDING TO JUST BUILD SOME VERY HIGH DENSITY AND CARE'S TRAIL NEXT TO SINGLE FAMILY RESIDENTIAL FOR THE RECORD.

BUT, UM, IN TERMS OF STICKING TO THE PLAN, WE CAN'T MATCH THE EXACT SAME LAYOUT.

LIKE WE'RE GEOGRAPHICALLY, THERE, THERE'S NO STREET ACCESS AND THAT'S JUST WHAT WE'VE GOT TO DEAL WITH.

THERE.

THERE'S NO WAY TO GET THE SAME STREET.

WE CAN'T POSSIBLY MATCH IT.

AND I MEAN, THERE'S BEEN THERE.

THEY'RE GOING TO ACTUALLY, THEY, THEY JUST FIXED IT, BUT THERE'S BEEN THAT ONE ENTRANCE, THIS WHOLE AREA FOR HOW MANY YEARS NOW, IT HASN'T REALLY CAUSED AN ISSUE.

I DON'T THINK THE ENTRANCE, IT ACTUALLY WASN'T WITH THAT ALL DURING OUR PREVIOUS ATTEMPTS TO GETTING THIS DEVELOPMENT, NOBODY MENTIONED THAT THE ONE ENTRANCE OR TO THE TWO ENTRANCES.

UM, BUT ALSO SO THAT THE RETENTION RETENTION CAME UP QUITE A FEW TIMES AT CITY COUNCIL.

AND I GUESS WHAT I WOULD SAY TO THAT IS, FIRST OF ALL, THE, THE ORIGINAL DESIGN WAS MEANT TO ACCOMMODATE THIS LAND THAT WE OWN AS WELL.

SO, YOU KNOW, THE, THE 10 ACRES TO THE WEST, UM, THEY, I'VE HEARD A BIG, FAST, JUST WANT WHAT THE ORIGINAL PLAN AND THEY'RE TAPPING.

YEAH.

IS MY UNDERSTANDING THAT THEY'RE TAPPING INTO THE HOAX RETENTION, WHEREAS WE'RE PLANNING TO DO IT COMPLETELY ON OUR OWN.

SO IT'S DESIGNED TO ACCOMMODATE OUR LAND TO THE BEST OF MY KNOWLEDGE, BUT WE'RE PLANNING TO, TO TAKE CARE OF IT, COMPLETELY SELF CAMPAIGN.

AND I'LL SAY THAT, THAT

[00:30:02]

THE STAFF ALSO DOES AN EXCELLENT JOB, THAT THE ONUS IS ON US TO PROVE THIS OUT IN THE DETAILED DEVELOPMENT PLAN.

IF WE SUBMIT SOMETHING FOR THE RETENTION THAT THAT'S NOT GOING TO FLY, LIKE SCOTT AND RUSS, WHO'VE SEEN A THOUSAND OF THESE THINGS AND THEY'RE GOING TO NOT LET US DO IT.

IT'S REALLY THAT SIMPLE FOR THE RETENTION.

SO I DON'T THINK THAT SHOULD BE AN ISSUE.

UM, YEAH, THOSE ARE THE ONLY THINGS I WANTED TO REPLY TO.

THANK YOU.

YES.

THERE'S OTHER PEOPLE THAT WOULD LIKE TO SPEAK, BUT GO RIGHT AHEAD.

OKAY.

WE'RE BRINGING UP THIS ORIGINAL THING FROM 2003.

OKAY.

THE ONE THING THAT WAS TRUE TO FORM ON THIS WHOLE PLAN WAS THE LOT SIZES NEVER CHANGED.

CONFIGURATIONS CHANGED AND DIFFERENT THINGS.

THE LOT SIZE NEVER CHANGED.

OKAY.

THE LOT SIZE NEVER CHANGED THE ROAD WENT THIS WAY OR THIS WAY, A LITTLE DIFFERENT, THAT'S FINE.

THE LOT SIZE, AS I SAID BEFORE, THAT DENSITY CAN BE SOLVED IF YOU JUST DO THE LOT SIZE, MINIMUM.

OKAY.

OKAY.

YEAH.

YOU HAVE TO GO THROUGH THE MONTGOMERY COUNTY DEPARTMENT.

YES, SIR.

COME ON, COME ON BOARD.

ALL RIGHT.

THANK YOU.

MY NAME IS JASON WILLIAMS. I LIVE AT ONE 35, WHICH IS 60, 40 WHITE OAK WAY.

IT'S THE NORTHWEST SIDE OF THE POST PLANT.

UM, WHAT I WANTED TO, WHAT DID WE TALK ABOUT WAS THE CATCH BASINS AND THE DRAINAGE CURRENTLY? UH, MY LOT HAS A CATCH PATIENT IN IT.

IT'S, UH, PROBABLY THE LOWEST SEIDL ON THAT AREA.

UH, EACH OF MY NEIGHBORS ON THE ADJACENT LOTS OF BOATS HAVE CATCH PATIENTS IN THEM, ALL OF THEM DRAIN INTO OUR, UH, DETENTION POND.

AND THERE'S PROBABLY MORE AS YOU HEAD TOWARD FISHBURG FROM THE, SO I GUESS AS YOU HEAD SOUTH EAST, THERE'S PROBABLY MORE BASINS THAT DRAIN INTO OUR DETENTION POND.

UM, WHEN THEY, IT IT'S, THIS GOES THROUGH AND THEY DEVELOP THIS.

THERE'S NO MENTION OF, OF BERMS. CAN WE CONFIRM HOW THAT'S GOING TO DRAIN? IS ALL OF THEIR DEBRIS AND WATER GOING TO DRAIN INTO OUR POND THAT OUR HOA HAS TO MAINTAIN? OR IS IT GOING TO BE DIVERTED TO TRY TO DRAIN INTO THEIR OWN, THEIR OWN DETENTION POND? IT'S NOT CLEAR FROM THE DRAWINGS, MR. WOULD YOU LIKE TO ANSWER THAT? YES, I CAN ANSWER THAT.

THE MAJORITY OF THE WATER DEVELOPED FROM THIS DEVELOPMENT FROM THE STREETS, FROM THE HOUSES, UH, FROM THE, THE REAR OF THE INTERIOR, LOTS WILL ALL FLOW INTO NEW STORM SEWERS THAT GO INTO A NEW DETENTION BASIN AWAY FROM THAT REAR LOT LINE WHERE CURRENTLY A LOT OF THAT WATER FLOWS.

SO THERE WILL BE LESS WATER THAT FLOWS TO THAT NORTHERN BOUNDARY LINE THAN IT DOES TODAY.

THERE WILL BE A LITTLE BIT FROM THE BACKYARDS, BUT NOT NEARLY AS MUCH AS WHAT COMES THROUGH.

THAT'S WHAT COMES THROUGH NOW.

OKAY.

UM, AND I ALSO WOULD JUST LIKE TO MAKE A COMMENT ABOUT THE BASEMENTS AS WELL.

I DON'T KNOW IF THAT WAS A STATED OR NOT, BUT I THINK I'M CONSISTENT WITH THE GENTLEMAN BEHIND ME THAT I THINK THE LAUNCH, UH, ALL THE PROPOSED, HOW THEY SHOULD HAVE BASEMENTS TO MATCH THE CURRENT DEVELOPMENT, THEY SHOULD HAVE BASEMENTS IN THE PROPOSED DEVELOPMENT.

THAT'S THAT'S MY ONLY OTHER COMMENT.

OKAY.

THANK YOU.

THANK YOU.

YES, SIR.

GOOD EVENING.

MY NAME IS WILLIAM CLARK AND I LIVE AT LOT ONE 65 ADDRESS 43 71 SILVER OAK WAY.

UM, SO A COUPLE OF THINGS THAT I LIKE TO MENTION, I TOOK THE OPPORTUNITY TO TAKE A LOOK AT THE PROPOSAL.

IT IS, UM, SIMILAR TO WHAT THEY, WHAT WAS PRESENTED EARLIER.

UH,

[00:35:01]

IT'S ALREADY BEEN STATED, BUT I WANT TO STATE SOME OBVIOUS THINGS THAT I SAW INSIDE OF IT.

UH, OUR MINIMAL LOT SIZE IS 12,000 SQUARE FEET AS BEEN STATED, A NUMBER OF TIMES, UH, THAT BEING THAT THE FRONTAGE ON IT IS A REQUIREMENT OF 85 FEET, UH, INSIDE THE PROPOSAL THAT I SEE, I SEE SOME 80 FOOT FURNITURES THAT THEY HAVE THAT ARE CONSISTENT THROUGH THERE.

THEY DO MEET THE 25 FOOT FRONT YARD, 40 FOOT BACKYARD, 10 FOOT SIDE YARDS ON EACH SIDE.

SO THEY ARE, UH, IN, UH, VERY ALIGNED TO WHERE WE'RE AT NOW.

ALSO THEY SPEAK OF A MINIMUM OF A FOUR, ONE STORY STRUCTURE OR SINGLE STORY STRUCTURE, 1600 SQUARE FEET.

BUT THAT IS NOT WHAT CONCERNS ME.

WHAT CONCERNS ME IS THAT 10% THAT FALL UNDER THAT 1600 SQUARE FOOT.

THEN WHEN WE START TALKING ABOUT TWO STORY HOMES, THERE'S A 2000 A SQUARE FOOT, UH, UH, REQUIREMENT FOR THOSE TWO STORY HOME, WHAT THAT DOESN'T CONCERN ME, BUT WHAT CONCERNED IS THE 10% THAT FALL BENEATH THAT 2000 FOOT, UH, REQUIREMENT.

AND THE REASON I MENTIONED THOSE IS BECAUSE WE TALK ABOUT, UH, THE AREA, THE OAKS BEING CONSISTENT, THE HOUSES BEING SOME CONSISTENT IN BUILDING, BEING CONSISTENT IN STRUCTURE, CONSISTENT IN MASONRY CONSISTENCY IN THOSE AND THOSE THAT 10%, ALTHOUGH IT MAY NOT SEEM LIKE A LOT TAKES A WAY FROM THE WHOLE, UH, UH, AESTHETIC VALUE OF THE AREA THERE.

SO IF I CONTINUE, UH, FIVE FOOT HERE, TWO FOOT HERE AT THREE FOOT, IT DOESN'T SOUND LIKE A LOT IN THE, UNTIL YOU START ADDING IT UP.

AND WHEN I START ADDING IT UP, WHETHER IT'S 29 HOMES OR IT'S 30 HOMES, OR IT'S 34 HOMES, IT MAKES A DIFFERENCE TO HOW IT LOOKS IRRESPECTIVE OF HOW IT'S LAID OUT HERE.

I THINK THEY DID A GOOD JOB OF COMING BACK AND SAYING, HEY, THIS IS WHAT WE PROPOSE NOW AS A, AS WHAT WORKED FOR US.

AND I HEARD THAT VERY DISTINCTLY WHAT WORKS FOR US, BUT DOES THAT WORK FOR EVERYBODY? I'M NOT SO CERTAIN THAT IT DOES ALSO ON THE SIDE OF, I LIVE ON SILVER AWAY, THE REQUIREMENT WHEN THOSE HOMES WERE BUILT BY INVERNESS, WHICH THEY NO LONGER BUILD CUSTOM BUILT HOMES ANYMORE.

IT'S FISHER.

NOW THAT FEELS SO OUT OF KURDISH TRAIL, THAT'S FISHER, NOT INVERNESS ANYMORE.

SO, UM, ON THAT, ON THAT SIDE, THE REQUIREMENT WAS FOR FULLY BOOKED BRICK WRAPPED HOMES ALL ALONG THERE.

SO I KNOW THERE'S A NEW CONTRACT, A NEW DEVELOPER THAT'S COMING IN, THEY'RE GOING TO BE AT HOMES, BUT ALSO THOSE HOMES HAVE TO BE THERE, HAVE TO BE CONSISTENT.

WHAT'S BEING BUILT THERE NOW.

AND SO IF WE'RE TALKING ABOUT CONSISTENCY FROM THAT, UH, FROM THE CURRENT OAKS TO WHAT IS NOW THE SILVER OAKS TO WHAT NOW WILL BE WHATEVER THE NEW NAME WILL BE FOR THE PROPOSED ADDITION, THERE NEEDS TO BE CONSISTENCY THAT FLOWS ALL ALONG IN THERE.

SO IT'S NOT LOOKED AT, AS THEY DID THIS OVER HERE, THEY DID SOMETHING DIFFERENT HERE AND THEN SOMEBODY ELSE DID SOMETHING DIFFERENT.

THERE, CONSISTENCY IS VERY IMPORTANT FOR A COUPLE OF REASONS.

NUMBER ONE, HOME VALUE, RETAINING THAT NUMBER TWO, UH, THE ABILITY FOR US TO RESALE OUR HOMES AT SOME POINT IN THE FUTURE, I DON'T WANT A BUNCH OF MITCH MISMATCHED HOMES OR PROPERTIES OR A LOT SIZES IN THAT AREA.

UH, ONE OF THE MAIN REASONS THAT I MOVED INTO THE OAKS WAS I LOVE THE CONSISTENCY OF WHAT WAS THERE ALREADY AND WHAT THEY WERE BUILDING TOO.

AND, UH, I KNOW MY NEIGHBORS ON BOTH MY RIGHT, MY LEFT, A FEW NEIGHBORS DOWN THE ROAD, MY NEIGHBORS ACROSS THE STREET, THERE'S CONSISTENCY THERE.

WE'RE TALKING ABOUT, UH, UH, DEVELOPMENT, FAMILY OWNED, FAMILY ORIENTED, AND I WANT TO MAINTAIN THAT CONSISTENCY THAT WE ALREADY HAVE THERE.

SO I'M NOT GOING TO TALK ABOUT DENSITY AND ALL THAT OTHER CALCULATIONS FOR THIS.

I'M GOING TO TALK ABOUT THE CONSISTENCY THAT'S THERE CURRENTLY THERE AND WHAT I'D LIKE TO SEE IN THE FUTURE.

I AM VERY MUCH FOR BUILDING MORE HOMES IN THAT AREA.

IF YOU COME BACK AND GIVE ME A PLAN THAT SAYS, I'M GOING TO PUT BASEMENTS IN EACH ONE OF THOSE HOMES, YOU'RE GOING TO TELL ME THAT I'M GOING TO HAVE THE SAME TYPE OF MASON TREE IN THOSE HOMES.

AND I TOOK A LOOK AT THEIR PROPOSAL.

SO I READ THROUGH IT.

IF YOU TELL ME THAT THERE'S GOING TO BE, UM, THE, THE SQUARE FOOTAGE IS, ARE GOING TO BE CONSISTENT.

THE LAST SITE I'M SAYING,

[00:40:01]

LET'S START BUILDING TOMORROW, BUT LET'S NOT DO IT APART FROM PUTTING THAT SAME CONSISTENCY THERE.

THANK YOU SO VERY MUCH FOR YOUR TIME.

AND I APPRECIATE IT.

THANK YOU, SIR.

MR. , SINCE THIS HAS BEEN MENTIONED A COUPLE OF TIMES, I JUST WANT TO MAKE SURE IT'S CLEAR THE LANGUAGE FOR THE AMOUNT OF MASONRY.

THE SIZE OF THE HOUSE IS EXACTLY THE SAME AS WHAT WAS APPROVED FOR THE OATS.

SO THAT 10% THAT'S WHAT'S ON THE ORIGINAL OAKS APPROVAL.

SO THERE IS, I DIDN'T LOOK AT THE SIZE OF THE HOUSE, EACH HOUSE.

SO THERE MAY BE HOUSES IN THAT SIZE RANGE, THE DIFFERENCE BETWEEN THE ORIGINAL APPROVAL FOR ALL THE OAKS.

AND THIS PLAN IS THE LOT WIDTH THAT THAT'S THE ONLY DIFFERENCE.

I ONLY DO.

THAT'S, THAT'S A FOUR, WHICH IS THE LOT.

YES.

SO A LOT WITH LOT SIZE.

YES, BUT THE BUILDING MATERIALS ARE THE EXACT SAME LANGUAGE AND THE HOUSE SIZE, THE EXACT SAME LANGUAGE AND BASEMENTS, BASEMENTS WAS NOT PART OF THE ORIGINAL PLAN.

BASEMENTS WERE PART OF THE HOA.

UH, THERE IS NO PART OF OUR ZONING CODE THAT REQUIRES BASEMENTS ANYWHERE, BUT THAT'S THE PLANNING COMMISSION.

SO THAT, THAT WAS AN HLA REQUIREMENT.

THANK YOU.

ANYONE ELSE WISHING TO SPEAK ON THE SONY CASE? YES.

MA'AM.

WHY DID IT LET EVERYONE ELSE SPEAK? SO I DIDN'T COVER THE SAME THINGS.

MY NAME IS CINDY SMITH AND PLACE TWO.

CAN YOU HEAR OKAY.

SORRY.

THICK MATH THOUGHT.

OKAY.

SO BEFORE I GET INTO MY LIST OF THINGS, I JUST WANTED TO CLARIFY A COUPLE OF THINGS THAT YOU SAID IT WAS FILLED.

THERE'S FIVE FOOT SIDEWALKS ON THE EXTERIOR PART OF THE INTERIOR PART.

SO THE BELL FOUNTAIN AND FITCHBURG WILL HAVE FIVE FOOT SIDEWALKS.

THE INTERIOR ON THE RESIDENTIAL STREETS.

IT'S FOUR FOOT SIDEWALKS.

THAT'S THE STANDARD.

NOW WHAT'S BEING PUT IN AS PART OF THE BELL FOUNTAIN PROJECT THAT IS BIKE PATH WIDTH.

HOW WIDE IS THAT UP AT THE, UH, WHERE THEY'RE RAISED IN THE ROAD? THAT'S FIVE FEET.

OH, SO IT'S THE SAME.

YES.

IT'S, IT'S NOT A BIKE PATH BIKE PATH, BUT THAT'S SAME WIDTH.

YES.

IT'S A FIVE FOOT CONCRETE WALK.

OKAY.

AND THE REASON I'M ASKING IS THERE'S A LOT OF US FROM OUR NEIGHBORHOOD AND FROM ADJOINING NEIGHBORHOODS THAT RIDE IN EACH OTHER'S NEIGHBORHOODS.

SO TO GET FROM ONE TO THE OTHER COMFORTABLY, IF THERE'S OTHER PEOPLE WALKING ON THE SIDEWALK WOULD BE LOVELY.

SO THANK YOU FOR THAT.

AND THE OUTFLOW THAT GOES ON TO BELL FOUNTAIN FROM THEIR DETENTION POND GOES ON TO BELL FOUNTAIN ON THE SAME SIDE AS THEIR PROJECT FOR THE OPPOSITE SIDE OF THE PROJECT.

WELL, IT'LL GO INTO THE STORM SEWER SYSTEM.

SO, UH, IT'LL CONNECT IT.

THERE'S A SET OF CATCH BASINS AND CULVERT THAT IT'LL CONNECT INTO TO GET IT ACROSS THE STREET BECAUSE THAT'S THE NATURAL DRAINAGE IS THAT IT GOES TO THE EAST.

SO THERE WILL BE ANOTHER CULVERT PUT IN TO GO TO THE OTHER SIDE ON THE SAME SIDE OF THE STREET.

BUT DOES THAT CULVERT NORTH OF OAK RIDGE DRIVE WHERE THEY'RE DOING? NO, NO, NO, YES, YES, YES.

SORRY.

UM, ONE OF THE THINGS THAT I THINK GOT PEOPLE, UM, REALLY INVOLVED IN THIS WAS WHEN WE HEARD THAT THEY WOULD BE RENTALS.

AND WHAT I HEARD YOU SAY, MR. KOHLER, I DIDN'T HEAR YOU SAY THEY'RE NOT GOING TO BE RENTALS.

I HEARD YOU SAY WE ARE INTENDING THEM NOT TO BE RENTALS.

OKAY.

OKAY.

OKAY.

SO THERE'S NOT GOING TO BE ANY SIGNAGE UP AT ANY TIME.

IT SAYS RENTAL COMMUNITY, OR THAT WOULD IDENTIFY THEM AS BEING RUN FORWARDS NO MORE.

RIGHT.

EXCUSE ME.

YOU'RE GOING TO HAVE TO ADDRESS THE CHAIR WHEN YOU'RE TIRED.

THAT'S OKAY.

AND WHEN YOU SPEAK, YOU'RE GOING TO HAVE TO COME UP THE PODIUM TO MAKE SURE WE OKAY.

BUT THAT'S, THAT'S, THAT'S A QUESTION.

I THINK THAT GOT A LOT OF PEOPLE, UM, VERY INVOLVED, RIGHT? UM, TALKED ABOUT DENSITY OF THE OTHER PROJECT THAT'S BEING BUILT BY DEER HORTON.

I THINK ONE OF THE PROBLEMS IS, IS YOU'RE NOT TAKING IN A PROPORTION OF THE, OF THE GREEN SPACE THAT THE ENTIRE PROJECT HAS.

IF YOU'RE LOOKING AT THE VARIOUS DENSITIES OF THE, UM,

[00:45:02]

AREAS THAT WERE BUILT AT A TIME AND SAYING, THIS ONE HAS, YOU KNOW, 2.9 OR WHATEVER, IT DOESN'T HAVE A PROPORTION OF THE GREEN SPACE, WHICH WE HAVE ABOUT SEVEN ACRES OF GREEN SPACE IN OUR, UM, HOMEOWNERS ASSOCIATION.

SO IF YOU HAVEN'T PROPORTIONED THAT GREEN SPACE OUT TO THE DIFFERENT BUILD-OUTS, IT'S KIND OF A MISNOMER TO DO.

UM, I HAVE MY WATER PLEASE.

THE OTHER THING, THE OTHER NOTE I HAD WAS THERE IS A PRECEDENT WHERE THERE WAS A, I THINK IT WAS IN 2006, SOMETHING BROUGHT FORWARD TO REDUCE THE LOT SIZE.

AND I THINK THAT WAS DOWN TO ABOUT 10,000 AND THE PLANNING COMMISSION DENIED THAT FIVE TO ZERO.

THAT WAS IN 2006.

I BELIEVE, I BELIEVE THAT'S CORRECT.

OKAY.

THOSE ARE MY NOTES FROM TONIGHT.

THESE ARE MY NOTES FROM YESTERDAY.

OKAY.

SIDEWALKS ON BOTH SIDES OF THE STREETS, WE'VE TAKEN CARE OF EXPENSES FOR ALL THE HOMES.

I WOULD REQUEST THAT TO, UM, WILL THERE BE AN HOA? I DID NOT SEE THAT IN THE PROPOSED LANGUAGE.

YES.

THERE IS A SANCTUARY TO HANDLE THE, UH, OPEN SPACE.

OKAY.

CAN WE GO BACK TO THE, WHEN IT WAS ZONED FOR A CHURCH, PLEASE? THANK YOU.

UM, I NOTICED THIS THE OTHER NIGHT, OTHERWISE I WOULD HAVE WRITTEN SCOTT, A QUESTION ON IT A LONG TIME AGO IN THEIR PROPOSAL FOR THE CHURCH.

THERE ARE TWO DETENTION AREAS ALONG THE SOUTHERN AND THE SOUTHEASTERN BORDER.

AND I GUESS MY QUESTION IS, IS IF AT THAT TIME, WHEN THAT LAND WAS OPENED UP, THE ORIGINAL DETENTION POND BEING PART OF THE BIG LARGE ONE IS ONE THING.

BUT THIS ONE, IT WAS ZONED AS ITS OWN ENTIRETY THERE.

THE DETENTION AREA IS ALONG THE SOUTH AND THE SOUTH EASTER.

WAS THERE A REASON FOR THAT? IS THAT A WATER FLOW ISSUE THAT WE NEED TO BE LOOKING AT? SO I WASN'T HERE WHEN THIS CAME THROUGH.

SO I WASN'T PART OF THAT DISCUSSION, BUT I CAN TELL YOU THERE, THERE THERE'S MULTIPLE WAYS TO LOOK AT THE DETENTION WHEN YOU HAVE, WHAT ON THIS PLAN SHOWING THE TWO FINN DETENTION THAT LINE UP ALONG THE ROAD, UM, THE AMOUNT OF AREA INSIDE THOSE ARE TYPICALLY SMALLER THAN WHEN YOU HAVE A LARGER ONE LENS LIKE PROPOSED THAT HAS WIDER AREAS THAT CAN PULL MORE WATER.

UM, SO THE DRAINAGE FOR THIS AREA FLOWS FROM WEST TO EAST.

SO THERE'S DIFFERENT WAYS TO COLLECT IT.

SO IN THE END IT STILL ENDS UP TO THE EAST, WHETHER THAT, UH, BASIN IS AT THE NORTHEAST CORNER OF THIS LOT OR ALONG THOSE FRONT EDGES.

SO THE STORM SEWERS WILL TAKE IT TO THOSE AREAS.

SO WHAT'S SHOWN ON THERE.

THOSE ACTUALLY ARE SMALLER AREA VOLUME THAN WHAT'S BEING PROPOSED, BUT ALSO THE CHURCH HAS, UM, I WOULD SAY IT MIGHT HAVE A SMALLER IMPERVIOUS AREA THAN WHAT THE HOMES WOULD.

OKAY.

I JUST DIDN'T KNOW IF THERE WAS A, THE WATER RAN THAT WAY TOO.

I HAVEN'T LOOKED AT IT.

NO, THAT THAT'S, IT WAS JUST LIT, APPEARS JUST A FEATURE OF HOW TO MAKE IT WORK.

THERE'S SEVERAL WAYS TO DO THAT.

OKAY.

UM, AND IN THE PREVIOUS APPLICATION, I NOTICED THAT IT HAD, UM, 0.9, FOUR ACRES AS A CENTRALLY LOCATED GREENSPACE CAN YOU PUT UP THEIR DRAWINGS PLEASE? UM, I THINK THIS HAS TAKEN IT DOWN TO 0.2, TWO, SO IT'S A SIGNIFICANT REDUCTION OF GREEN SPACE.

UM, THE OTHER ISSUE I HAVE WITH THIS DRAWING IS GENERALLY WHEN IT COMES TO PARK AREAS, PARK AREAS GENERALLY DRAW CHILDREN AND FAMILIES.

THE GENERAL GUIDELINE, WHEN YOU COME TO CHILDREN IS VISIBILITY IS SAFETY.

IF YOU LOOK AT THE OTHER DRAWINGS, BOTH PARK AREAS ARE ON CORNER, LOTS CORNER, LOTS ARE HIGHLY DESIRABLE.

YOU CAN CHARGE A PREMIUM TO BUILD A HOUSE ON A CORNER LOT, BUT THOSE CORNER LOTS WERE GIVEN OUT THIS PARK AREAS.

PARTLY I THINK FIRST STATICS, BUT ALSO BECAUSE OF HIGH VISIBILITY IN THIS SKETCH, THE PARK AREA STARTS 142 FEET FROM THE STREET, AND THEN IT'S SURROUNDED BY HOUSES.

SO I GUESS MY ASK ON THIS IS IF THIS IS REDEVELOPED INTO DIFFERENT, UM, A DIFFERENT LAYOUT, COULD THE PARK AREA BE A MORE VISIBLE Y

[00:50:01]

FAM AND MAINLY, MOSTLY I'M SORRY, THE PARK AREA BE A MORE VISIBLE LOT AND NOT SO HIDDEN AWAY.

AND I ASKED THAT AS A SAFETY ISSUE.

THE OTHER THING ON THIS IS I NOTICED ACCORDING TO THE FIRE ASSESSMENT THAT WE HAD, THAT'S ATTACHED TO THE PACKAGE.

IT NOTES THAT IF YOU HAVE 30 OR MORE LOTS, YOU MUST HAVE TWO, TWO ROADS IN, AS FAR AS I SEE, THIS DOES NOT.

IF WE GO DOWN TO THE ORIGINAL LOT SIZE OF ORIGINAL NUMBER OF LOTS OF 29, THAT WOULD BE UNDER 30, THAT WOULD BE FINE TO HAVE ONE ROAD IN.

HOWEVER, I ALWAYS HAVE AN ASK AT THE BEGINNING OF THE OAKS OFF A BELL FOUNTAIN.

WHAT WE HAVE IS A BOULEVARD.

WE HAVE ELAINE IN AND AN ISLAND AND ELAINE OUT.

I KNOW THAT IS NOT TWO ROADS.

I KNOW THAT THAT DOESN'T MEET FIRE CODE.

WE HAVE ANOTHER EXIT OUT, BUT I WOULD ASK THAT THEIR ENTRANCE BE SIMILAR ALONG THOSE LINES.

AND THE REASON WHY I'M ASKING I LIVE ALONG THAT AREA, I KNOW THAT WHEN THEY'VE DONE THINGS, ONE OF THOSE LANES WILL GET BLOCKED AND WE HAVE TO USE THE OTHER ONE IS A SHARED IN AND OUT LANE.

SO JUST AS A SAFETY ISSUE, I'D LOVE TO SEE IT BE A BOULEVARD SO THAT WE HAVE A LANE IN, WE HAVE A LANE OUT, UH, THE BIG ASK ON THIS IS THAT ALL OF THE LOTS BE 85 FEET.

IF THERE ARE LOTS IN OUR SUBDIVISION THAT I DON'T MEET 85 FEET, I CAN'T SAY WHY THAT WAS THE GUIDANCE.

THEY SHOULD HAVE ALL BEEN 85.

THEY SHOULD HAVE ALL BEEN 12,000 SQUARE FEET.

I HAD, I DIDN'T GO BACK AND LOOK AT ALL 202 LOTS TO CHECK IT.

I ASSUMED THAT THEY ALL MET THE ORDINANCE THAT WE OPERATE UNDER.

SO I WOULD ASK THAT THEY MEET THE SAME THING AS MY NEIGHBORS HAVE SAID, THAT IT'D BE THE SAME, THAT THEY HAVE BASEMENTS, THAT THEY'D BE 85 FEET WIDE AT FRONTAGE, AND THAT THEY'D BE 12,000 SQUARE FEET AND THAT THEY HAVE A BASEMENT TO MATCH ALL THE REST OF IT.

UM, AND I THINK THAT KIND OF SUMS UP THE THINGS EVERYBODY ELSE HAS KIND OF ASKED.

UM, I THINK THE BERMS ALONG THE NORTHERN AND THE WESTERN PEOPLE THAT WERE ASKING FOR THAT FOR DRAINAGE ISSUES, BUT I THINK MR. HAS ADDRESSED THAT.

ANY QUESTIONS FOR ME? QUESTIONS.

THANK YOU.

MA'AM THANK YOU.

I GUESS.

SO, UM, IT'S BEEN BROUGHT UP TWICE ABOUT THE FIRE CODE REQUIREMENT FOR THE NUMBER OF LOTS.

UM, WE WE'VE, THE BOULEVARD ENTRANCE IS ONE OF THOSE THINGS THAT, UH, HAS BEEN APPROVED BEFORE THAT THE FIRE CHIEF HAS, UH, ALLOWED, UH, THAT WAS UP AT CARRIAGE TRAILS, A SIMILAR SITUATION, UM, THAT HAD THAT.

UH, SO THE FIRE CHIEF DOES HAVE THE ABILITY TO, UM, UH, MAKE VARIANCES.

AND, UH, CERTAINLY THERE'S AN EXAMPLE RIGHT HERE IN THE YOLKS.

THAT WAS BACKLOTS, THERE'S OVER 40 LOTS BACK IN THE BACK THAT GO THROUGH CUL-DE-SACS WITH JUST THE ONE INSURANCE, SO THAT, UH, ABILITY FOR THE FIRE CHIEF TO ALLOW.

UM, BUT THE BOULEVARD ENTRANCE IS SOMETHING THAT, UH, YOU KNOW, HELPS, UH, TO BE ABLE TO SEPARATE THAT.

YES, SIR.

COME UP TO THE MIC.

THERE'LL BE, UH, THERE WAS A LOT THERE, BUT I'M, UH, I GOT MY NOTES ON, I REPLY TO AS MUCH AS I CAN, THE GENTLEMAN BACK THERE SUGGESTED, I ALSO MENTIONED THAT WE INTEND TO SEND IT, SELL IT TO ONE BUILDER.

WE DON'T INTEND TO, UM, TO SELL LOTS INDIVIDUALLY.

UM, YEAH, JUST WANT TO MAKE THAT CLEAR.

UM, YEAH.

SO YOU MENTIONED THE GREEN SPACE AND IN TERMS OF SAFETY, COMPARED TO A CHURCH PARKING LOT, I MEAN, TH THERE THERE'S SOME OTHER STUFF, JUST, JUST SOMEBODY WAS OKAY WITH THAT.

UH, BUT REALLY LOOK AT IT.

EXCUSE ME.

CAN YOU ADDRESS ME WITH YOUR COMMENTS? I DON'T WANT TO GET INTO, I KNOW THE ARGUMENT HERE, THE LAYOUT KIND OF EVERY PLANT, EVEN THE ONE YOU MENTIONED THAT HAD THE 60 FOOT LOTS THAT GOT REJECTED A LONG TIME AGO, THIS PART OF THE LAND, THE LAYOUT IS ALWAYS EXACTLY THE SAME.

AND IT'S REALLY THE ONLY THING THAT WORKS HERE.

SO THERE'S GOING TO BE THAT CENTER GREEN SPACE, AND I THINK PEOPLE CAN NAVIGATE IN AND OUT OF IT.

[00:55:01]

UM, IN MY OPINION, UH, THERE'S BEEN A LOT ABOUT LOT SIZE, AND I JUST WANT TO MENTION THE, THE LOT WITH WAS REALLY NOT MENTIONED LIKE ONE IOTA DURING THE LAST TRIAL, IT WAS ALL ABOUT DENSITY.

AND NOW IT'S, WE DON'T CARE ABOUT DENSITY.

WE HEAR ABOUT LOT SIZE AND YOU'RE NOT GOING TO BE ABLE TO TELL A SIGNIFICANT DIFFERENCE.

I MEAN, WE WANT TO HAVE A GOOD RELATIONSHIP WITH YOU.

WE STILL CAN, AND IT'S GOT TO BE FINANCIALLY VIABLE FOR US, AND IT'S GOTTA BE GOOD FOR YOUR PROPERTY VALUES.

AND I JUST DON'T THINK ANYBODY CAN TELL THE DIFFERENCE BETWEEN 80 FOOT AND 85 FOOT.

UM, AND THAT'S THAT? SORRY.

EXCUSE ME.

RIGHT HERE.

RIGHT HERE.

OH, OKAY.

I THOUGHT SOMEBODY WAS ASKING ME SOMETHING.

THAT'S ALL RIGHT.

WE'LL GET TO THEM.

BUT YEAH, I THINK THAT THAT'S THE POINTS I WANTED TO REPLY TO.

THANK YOU.

NEW SPEAKER.

WE'LL GIVE EVERYBODY A CHANCE TO TALK BEFORE THE EVENING'S OUT.

HOPEFULLY GOOD AFTERNOON, DON STEWART.

UM, WE ARE HERE.

I'VE HEARD EVERYBODY SPEAK TO THE POINT THAT WE BEGIN TO GO IN CIRCLES.

UH, PLAN THE COMMITTEE.

WE ASK HIM THAT EVERYBODY THAT WANTS TO BUY THAT LOT OR HOWEVER THEY WANT TO BUILD, BUILD IT LIKE THE OAKS.

THAT'S ALL WE'RE ASKING.

NOW.

WE CAN'T TELL THEM TO INCLUDE BASEMENTS.

THAT'S A SOUR TASTE IN OUR MOUTH.

IT HAD NOTHING TO DO WITH HOA WHERE WE WOULD PROMISE THERE.

AS I STATED BEFORE THE MILLION DOLLAR HOMES, WE DIDN'T GET THEM.

SO WE DECIDED TO GO INTO ANOTHER WORLD.

AND WE STARTED TALKING TO PEOPLE IN EVERY HOME THAT GOT BUILT, HAD A BASEMENT.

NOW, UH, AS ENTITLEMENT ARE GUESTS OF THE PEOPLE THAT BOUGHT THE LOT, THEY DON'T WANT TO BUILD A BASEMENT.

THAT'S NOT THE OAKS.

SIMPLE AS THAT.

THEY CAN PUT THE BRICK AROUND THE HOUSE.

THEY COULD BUILD A TWO STORY.

WE HAVE BASEMENTS.

AND I WANT EVERYBODY TO UNDERSTAND, YOU KNOW, WE CAN TALK ABOUT THE CHILDREN.

THE CHILDREN IS NUMBER ONE IN MY BOOK AND FOR ANYTHING TO BE CLUSTERED AND NOT OPEN LIKE WE ARE.

AND I KNOW WHEN WE COME IN INTO THE OAKS, THOSE HOUSES THAT LOOK LIKE RANCHERS, THEY WERE BUILT BY SPORTSMAN.

AND THAT WAS BEFORE WE BEGAN TO DEAL WITH INVERNESS AND SAM KNOW, UH, JOHN GEIGER.

AND I, WE BECAME BEST OF FRIENDS BECAUSE HE WOULD EXPLAIN IT TO ME ABOUT WHERE THE CHURCH WAS GOING TO GO.

WHEN I BUILT MY HOME, THEY WERE SUPPOSED TO BUILD A BURN.

WE TALKED ABOUT THAT.

THEY STOPPED THE WATER FLOW.

NEXT THING YOU KNOW, THEY GOT TO PUT A DRAIN IN MY HOUSE AND TWO HOUSES ADJACENT TO THE BASIN TO MAKE SURE THE WATER FLOWED DOWN OFF THAT HILL.

ALL WE WERE ASKING, ESPECIALLY ME, IF THAT'S CONSIDERED WHAT WE GOT, WHAT WE ALREADY ARE IN THESE PEOPLE ARE COMING IN.

THEY DON'T KNOW US.

THEY LOOKING AT MONEY, LOOKING AT DECISIONS THAT DOESN'T INCLUDE US.

Y'ALL ARE THE MIDDLE Y'ALL ARE DECIDING FACTOR.

WE CAME BEFORE WE TOLD Y'ALL WHAT WE NEEDED.

WE'RE NOT TRYING TO SLAM ANYBODY.

HUBER HEIGHTS GOT A LOT OF LAND.

THEY COULD BUILD SOMEWHERE ELSE, BUT WE CAN'T DENY PEOPLE.

WE WANT TO SEE WHO BIKES GRUB, BUT ALL