* 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. [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 WE'RE ASKING IS CONSIDER US THAT ALREADY LIVE IN THAT COMMUNITY, PLEASE, BECAUSE WE'RE GOING IN CIRCLES. HE HE'S NOT GIVING US NO BASEMENT. THEN I'M THROUGH WITH IT. I DON'T WANT THEM IN OUR NEIGHBORHOOD. WE HAVE BASEMENTS. OKAY. WE GOT A THREE STORY, TWO STORY, A SINGLE STORY THAT A BASEMENT, SHE GIVES THE SQUARE FOOTAGE. SO I DON'T KNOW THE GENTLEMEN. THAT'S WHY I'M TALKING TO YOU. I NEED YOU ALL TO REALLY CONSIDER THIS, PLEASE, BECAUSE THESE ARE ELDERS. WE KNOW A BUNCH OF YOUNG PEOPLE HERE. WE DON'T HAVE ATTITUDES. WE DON'T HAVE TIME TO GET ANGRY WITH SOMEBODY. WE SPEAK TRUTH. WE DON'T KNOW HOW MUCH LONGER WE GOT, BUT I TELL YOU THIS. WE DON'T WANT SOMEBODY TO JUST COME IN HERE BECAUSE THEY CAN MAKE UP DOLLAR OR IT'LL LOOK LIKE IT'S NOT LIKE, LOOK LIKE, IF NOT, PLEASE CONSIDER THAT. ALL RIGHT, LET'S BEAT THIS HORSE SOME MORE. UM, MY NAME IS BRAD SMITH. I LIVE AT A 62 OH 61 21 OAK RIDGE. UM, I'D LIKE TO ADDRESS THE CONVERSATION ABOUT THE, UH, GREEN SPACE IN THE MIDDLE, UH, VISIBILITY AND SAFETY RIGHT NOW. UH, IF NO FENCES GET PUT [01:00:01] UP, THAT MIGHT BE VISIBLE, BUT THERE'S NOTHING FROM STOPPING EVERY LOT AROUND THAT PROPOSED GREENSPACE FROM PUTTING UP A SIX FOOT SOLID FENCE. AND NOW YOU'VE GOT A SIX FOOT SOLID TENDON AREA THAT YOU WANT KIDS TO GO PLAY ANYWAY. UM, AND THE OTHER THING IS SCOTT, COULD YOU PLEASE GO BACK TO THE ORIGINAL LAYOUT, THE ORIGINAL HOUSE PLAN. THERE'S A WAY TO, YOU KNOW, PUT LOTS ON THAT INTERSECTION AND NOT HAVE ANY SPACE OPEN. UM, YOU KNOW, WE'VE TALKED A LOT ABOUT THE LOT SIZE AND THE WIDTH. ALL OF THAT LANGUAGE IS IN THE ORIGINAL ORDINANCE THAT LAID OUT THE OAKS BEFORE THE CHANGE WAS MADE FOR THE CHURCH. UM, I DON'T SEE WHAT THE BENEFIT TO THE COMMUNITY AND TO OUR NEIGHBORHOOD IS 85% OF THE DEVELOPMENT IS IN IT'S EITHER BEEN BUILT OUT OR IS IN THE PROCESS OF BUILDING. WHY CHANGE NOW? THANKS. YES, SIR. YES. THIS IS NICK WINTER. I LIVE AT 81 61 81 WHITE OAK WAY. I JUST WANTED A CLARIFICATION FROM THE GENTLEMEN. UM, YOU SAID YOU WERE SELLING, UM, A LOTS TO A DEVELOPER RIGHT HERE. SO I HEARD THAT BAD WORD RANDALL IN FOR SOMEWHERE, SIR, SIR. I'M SORRY. THAT'S OKAY. JUST, UH, COULD YOU CLICK YOUR CONCERN TO ME, HOW YOU'RE GOING TO, COULD YOU CLARIFY HOW YOU'RE GOING TO SET THAT UP? YOU SAID YOU'RE GOING TO, UM, SELL THE HOUSES TO A, UH, A DEVELOPER AND THEN HE SHOULD GO AND MAKE IT EITHER RENTALS OR SOMETHING ELSE. CAN YOU CLARIFY THAT EXACTLY WHAT YOU ARE GOING TO PLAN ON DOING IN THERE? I COULD SIT IN THE LIFESTYLE UP HERE IN THE MIDDLE ONE, BUT, UM, I'M TRYING TO FIGHT IT TO JUST TURN AROUND AND LOOK AT THE GUY. UM, YES. SO WE'RE BASICALLY DOING A, EXACTLY WHAT MY UNDERSTANDING OF WHAT THE 10 ACRES TO THE WEST DID IS WE WOULD BE IMPROVING THE LOTS AND ADDING THE INFRASTRUCTURE, THE ROADS, SIDEWALKS, AND THEN SELLING THEM TO A BUILDER WHO WOULD BE UNDER THE REQUIREMENTS THAT ARE IN THE DOCUMENT AS FAR AS THE HOUSE SIZE AND THE FINISHED MATERIALS AND WHATNOT. THAT'S REALLY ALL THERE IS. DID THAT ANSWER. I DON'T WANT TO TURN AROUND AND ASK YOU MR. . I CAN EXPLAIN, UM, UH, SIMILAR PROJECTS WORK, UM, IN THE WAY THE OAKS HAS WORKED WHERE CARROTS TRAILS LEXIA IN PLACE. SO THOSE KINDS OF THINGS THAT WHEN A SECTION COMES ON, THE DEVELOPER COMES IN, THEY PUT IN THE SEWER SYSTEM, THE STREETS GRADE, THE LOTS, UM, ALL OF THOSE KINDS OF THINGS. SO THEY'RE ALL PAD READY SO THAT YOU'RE READY TO BUILD THE HOUSES. THEN, UM, WHAT THEY'LL DO IS WITH, UH, THE PLANNING OF THE LOTS, THEY WILL SELL A CERTAIN NUMBER OF THOSE TO A PRODUCTION BUILDER, WHETHER IT'S A DR. HORTON IN VANESSA RYAN HOMES. AND THEY SUBMIT TO THE CITY, A SET OF DRAWINGS THAT HAVE, UH, WHAT THAT HOUSE WILL BE. AND IT HAS TO FOLLOW ALL OF THESE REQUIREMENTS FOR SIZE MASONRY, UM, A PLOT PLAN THAT SHOWS WHERE THE HOUSE FITS ON THE LOCKS, UH, SHOWS THAT THE DRAINAGE THAT GOES AROUND IT, UM, AND FROM THAT, UH, WE APPROVE THOSE AND THEN THEY CAN BUILD A HOUSE. SO THAT'S THE TYPICAL PROCESS OF, UH, FOR SOMETHING LIKE THIS, WHERE THEY'LL SELL A CERTAIN NUMBER OF LOTS TO THAT BUILDER. SO THAT IT'S THAT CONSISTENT BUILDER THROUGH THERE. SOME OTHER AREAS HAVE CUSTOM BUILDERS, BUT THEY STILL HAVE TO FOLLOW THAT SAME PROCESS OF MEETING THE MASONRY REQUIREMENTS, THE SIZE OF THE HOUSE, ANY OF THOSE KINDS OF THANKS. THANK YOU. AS FAR AGO, JUST TO CLARIFY, I THINK SAM NOBLER GET EXACTLY THE SAME THING, IS THAT RIGHT? YES. SO ALL OF, ALL OF, UH, THE AREA WHERE YOU ARE NOW, WELL, IT WAS HOW IT WAS DONE. SO IT'S NO DIFFERENT. YES, SIR. ALREADY INTRODUCED MYSELF, BUT I'LL SIGN IN, UH, THREE THINGS. GO BACK TO THE DEVELOPERS PLAN, PLEASE. OKAY. THIS FINE YOUNG GENTLEMEN [01:05:01] TO MY RIGHT. I CALL EVERYBODY YOUNG. SO I DON'T GET ON SOMEONE'S BAD SIDE. THAT OPEN SPACE. I FUNDAMENTALLY AGREE. THAT'S GOING TO BE LIKE A FORTRESS. KIDS ARE GOING TO PLAY BACK THERE. WHAT IF THEY HAPPEN TO LOSE THEIR BALL? HOLD IN. IT'S GONE FOR A LONG TIME. UH, THE OTHER THING IS, IS WE KEEP ON GOING BACK TO BASEMENTS, MR. STEWART ELOQUENTLY SAID IT IT'S IN OUR HOA. THEY'RE GOING TO HAVE AN HOA. WHATEVER IT GETS APPROVED SHOULD HAVE A BASEMENT. I DON'T CARE WHO BUILDS THE HOUSE, DIGGING THE HOLE. YOU KNOW, YOU'RE GOING TO HAVE A BASEMENT. MINE'S A NICE WALKOUT BASEMENT, BUT THAT'S BESIDE THE POINT. AND THE OTHER THING IS, IS ANY VARIANCE TO WHAT THE OAKS IS NOW, BASEMENT, STREETS, FRONTAGE, ALL OF THAT STUFF. ANYTHING THAT YOU APPROVE AGAINST THE O THE HORTON DEVELOPER HAS NOT, AS OF TWO DAYS AGO, HAS NOT PULLED A PERMIT TO BUILD IT. IS THAT A CORRECT STATEMENT? OKAY. HAS NOT. THAT'S THE LAST TIME I LOOKED, HE HAS NOT PULLED A PERMIT. WHY IS HE WAITING? THIS STUFF IS READY TO GO. HERE'S WHAT HE'S WAITING FOR TO SEE WHAT YOU APPROVE. THAT GOES TO THE COUNCIL TO EVENTUALLY APPROVE. BECAUSE IF YOU APPROVE A VARIANCE AGAINST WHAT THE OAKS IS FROM BASEMENTS TO STREETS, TO NATION RATE THAT BRICK AND WHATEVER ELSE WHAT'S GOING TO HAPPEN IS HORTON'S GOING TO COME IN AND ASK FOR A VARIANCE BECAUSE YOU APPROVED IT. THAT'S EXACTLY WHAT'S GOING TO HAPPEN. I MEAN, THAT'S ME FROM MY PROFESSIONAL EXPERIENCE, THAT'S EXACTLY WHAT'S GOING TO HAPPEN ONCE WATCHING THE OTHER ONE, BECAUSE THEN THEY GET MORE PROFIT BASED ON THEIR INPUT, UH, BASED ON THEIR INFRASTRUCTURE COSTS, ET CETERA. SO I ASK YOU WHATEVER YOU DO, MERIT FROM THE HOA FROM FULL BASEMENTS. IT'S NOT PART OF ZONING, BUT IT HAS TO MIRROR EVERYTHING. WE HAD THE MASTER PLAN. MS. FARGO WAS UP THERE ON THE THING. THEY APPROVED IT. YES. SHE TWEAK IT A LITTLE. YES, IT GOT TWEAKED, BUT WE STILL HAVE WHAT THE OAKS HAS MEANT TO BE A SEPARATE MICROCOSM WITHIN THE CITY OF HUBER HEIGHTS. THAT WAS A SUCCESS BACK THEN THE SUCCESS NOW. AND LET'S KEEP IT GOING FORWARD. THAT'S ALL I HAVE, I GUESS I COULD ASSIGN. SO JUST ONE STATEMENT ON THE UP IS THAT, UM, YOUR NAME AGAIN? WILLIAM, I'M SORRY. WILLIAM CLARK CLARK. AND, UM, THERE WAS A STATEMENT MADE THAT NO ONE IS GOING TO NOTICE FIVE FOOT, THREE FEET, TWO FEET. IF IT'S NOT A BIG DEAL, JUST THINK ABOUT THIS. IF IT'S NOT A BIG DEAL, THEN WHY ARE WE TALKING ABOUT IT? IT, IT, FOR US, IT'S A BIG DEAL. BUT FOR YOU, YOU'RE SAYING IT'S NO BIG DEAL. NOBODY'S GOING TO NOTICE IT. SO IF IT'S NOT A BIG DEAL TO SMACK THEM ALL 85 FOOT, 25, 40 AND 10 SIMPLE, AND THAT, AND THE ISSUE GOES AWAY, BUT IT ALSO REDUCES THE NUMBER OF HOUSES THAT THEY'RE GOING TO PUT THERE. SO IF IT'S NOT A BIG DEAL, LET'S MAKE IT NOT A BIG DEAL. ANYONE ELSE WISHING TO SPEAK ON THE ZONING CASE CAN TALK A LITTLE LOUDER. I'LL TRY MY BEST. I'M NATURALLY NOT, NOT A SUPER LOUD GUY. UM, YEAH. SO A LOT OF THIS, THESE, THESE QUESTIONS, I JUST WANT TO REITERATE WE'RE, WE'RE A SEPARATE POD. WE'RE WE'RE WE HAVE NO CHOICE. THERE'S NO ACCESS LIKE PEOPLE AREN'T GOING TO GO OUT ON THE MAIN ROAD AND WALK ALL THE WAY AROUND TO WALK INTO OUR GREEN SPACE. IT'S JUST NOT PRACTICAL. WE'RE A SEPARATE DEVELOPMENT. AND I MET IT VISUALLY. I DON'T THINK THERE'S ANY DIFFERENCE, BUT TO US, THERE IS A VERY BIG DIFFERENCE. [01:10:01] AND, YOU KNOW, WE, WE CAME IN WITH THE PLAN THAT WAS APPROVED FIVE O AND FAVOR WAS 46 LOTS, YOU KNOW, NO SIDEWALKS. THERE WAS A FEW DIFFERENCES, OTHER ONES, BUT FOR US TO GO DOWN THIS FAR TO COMPROMISE IS REALLY STRETCHING OUR ABILITY TO BE PROFITABLE. LIKE WE'VE HAD TO COMPLETELY RESEARCH HOW TO DO THIS AND SEE IF WE CAN STILL BE PROFITABLE THIS WAY. SO TO US, IT IS A BIG DIFFERENCE, BUT VISUALLY I DON'T THINK IT'S A BIG DIFFERENCE. THAT'S WHAT I MEANT BY THAT STATEMENT. UM, AND YEAH, THAT'S ALL I WANTED TO RESPOND TO. WELL, I'VE WANTED TO SAY SOMETHING ELSE, BUT I'D LIKE TO KIND OF RESPOND TO WHAT HE JUST SAID. COULD YOU JUST SAY YOUR NAME AGAIN? CAUSE SHE NEEDS TO PICK IT UP. SORRY. ON OUR NOTES. UM, ONE OF THE THINGS HE JUST SAID IS HE'S NOT REALLY SURE ABOUT THE PROJECT. UM, ONE OF THE THINGS I'VE BEEN DISCUSSING WITH MY NEIGHBORS IS WHAT HAPPENS IF THIS PROJECT SHOULD FAIL? I AM NOT HOPING FOR IT TO FAIL. I WISH MR. KOHLER, EVERY SUCCESS I TRULY DO, BUT AS WE KNOW WITH ARTISTS AND WALK, WHEN IT HAD A CERTAIN PLAN AND THEN IT FAILED SOMEONE ELSE HAD TO COME IN AND KIND OF RETROFIT. I THINK ONE OF THE REASONS WHY WE ARE ALL SO ADAMANT ON THE SAME SIZE, LOT, THE SAME SIZE WITH THE SAME SIZE STANDARDS IS BECAUSE SHOULD ANYTHING HAPPEN? AND I HOPE IT DOES NOT, BUT WE ARE LEFT WITH THE SAME SIZE, LOTS AS THE REST OF US ARE FOR ANOTHER BUILDER TO COME IN AND BUILD SOMETHING SIMILAR. WHEN YOU SAY THINGS WON'T SHOW UP AND WON'T LOOK WHEN I DRIVE ALONG FITCHBURG AND I LOOK, I CAN SEE ALL OF OUR HOUSES, I CAN SEE THE HOUSES THAT LINE UP ACROSS THE STREET FROM EACH OTHER, BECAUSE WE DO HAVE AN ADEQUATE SPACE BETWEEN HOUSES. IT'S A VERY NICE LOOK. IT'S, IT'S A VERY COMFORTABLE NEIGHBORHOOD. WHEN YOU WALK THROUGH, DRIVE THROUGH, WALK, YOUR DOG THROUGH THIS CORNER IS A VERY VISUAL REPRESENTATION OF OUR PLAN DEVELOPMENT. AND I THINK IF THE LATS DIDN'T LINE UP THE LOTS WON'T LINE UP BACKYARD TO BACKYARD WHERE THE 80 ON ONE SIDE AND AN 85 ON THE OTHER, ONE OF THE THINGS THAT ARE SOME DIVISION, IF YOU LOOK AT A LOT OF THE LAST LINEUP BACK TO BACK. SO WHEN YOU LOOK THROUGH THE STREETS, A LOT OF TIMES YOU CAN LOOK ALL THE WAY THROUGH, AND IT'S A VERY SPACIOUS, VERY SPACIOUS LOOK TO IT. UM, WHAT I REALLY WANTED TO TALK ABOUT WITH THE GREEN SPACE, BUT SINCE YOU MENTIONED THAT I WANTED TO BRING THAT UP. CAN YOU GO BACK TO THE FIRST, FIRST ONE? OKAY. UH, MR. KOHLER MENTIONED WHAT HAPPENED TO THE GREEN SPACE IN THE MIDDLE? WELL, IF YOU GO TO THE SECOND ONE, WHEN MR. NOBLER TOOK AWAY THE GREEN SPACE, THAT WAS IN THE MIDDLE OF THOSE FOUR, LOTS, THE CHURCH AGREED TO A THREE ACRE RECREATION AREA THAT YOU CAN SEE IN THE NORTHWEST CORNER. SO THERE WAS A LOT OF TALK ABOUT, WELL, HOW CAN YOU MAKE THAT ACCESSIBLE? THE CHURCH WROTE LETTERS THAT YES, AS FAR AS WE KNEW, YOU COULD MAKE IT ACCESSIBLE, BUT AT ANY TIME THEY COULD CHANGE THAT. SO THERE WAS A LOT OF GREEN SPACE. IF YOU LOOK AT TO THE NORTHWEST SIDE, YOU CAN SEE A SMALL LOT WITH TREES. THAT'S WHAT WE CALL IT. WE ALL CALLED THE GAZEBO LOT BECAUSE THERE'S A GAZEBO IN IT. THERE'S ALSO A SIDEWALK THAT CUTS DIAGONALLY ACROSS WHERE A LOT OF KIDS LEARN TO RIDE THEIR BIKES. IT'S A VERY VISIBLE, VISIBLE, VISIBLE AREA. AND THE NEW DR. HORTON, THERE IS ALSO A GREENSPACE LOT ON THE CORNER. SO THERE IS PRECEDENT FOR THAT. UM, I GUESS WHAT I'M, WHAT I'D LIKE TO GET TO IS IF WE GO WITH 85 FOOT WITH LOTS, AS WE ARE ASKING, WHICH MAKE A SCAD, AND I KNOW THE MATH WILL WORK, THAT WILL MAKE IT A 12,000 SQUARE FOOT LOT. AND WE GO TO, IF YOU CAN PUT UP THE ORIGINAL, THEY COULD USE THAT CENTER PLAN BECAUSE I'M ASSUMING SINCE THOSE ALL FIT UNDER THE ORIGINAL ORDINANCE, THEY ARE ALL 12,000 SQUARE FOOT, LOTS WITH 85 FOOT FRONT IMAGES. AND ONE OF THE OTHER LABS INSTEAD OF 30 COULD BE THEIR GREENSPACE LOT. AND THAT WOULD MAKE IT AT 29, WHICH IS WHAT EVERYONE IS ASKING FOR AT 29. YOU ALSO FULFILLED THE FIRE SAFETY ONE. SO I GUESS I WANTED TO BRING UP WHERE THAT GREEN SPACE WENT. EITHER THE CHURCH LIE, THEY'LL SCORE LACKS THERE, AND THAT'S KIND OF WHAT WE'RE LEFT WITH IS, YOU KNOW, WE ALL WANT TO SEE IT. THERE'S A [01:15:01] PLACE FOR CHILDREN PLAY AND TO PLAY SAFELY. SO THANK YOU. THANK YOU. ANYONE ELSE WISHING TO SPEAK ON THIS ZONING CASE? YES, SIR. YEAH, I GUESS I JUST WANT TO ASK A QUESTION TO EVERYONE ABOUT SOMETHING THAT MIGHT ALLEVIATE SOME OF THE, THE LAST FEW COMMENTS. IS IT PLANNING COMMISSION LAST TIME YOU WERE, YOU RECOMMENDED A MOUND BECAUSE THE DEVELOPMENT WAS SIGNIFICANTLY DIFFERENT. YOU RECOMMENDED THE MOUNTAIN COMPLETELY SURROUNDED ROI ON THAT. AND SINCE IT IS MUCH SIMILAR, AND AS FAR AS I BELIEVE DECREASES THE DENSITY, WE TOOK OUT THAT MAP. IF WE WERE TO PUT THAT BACK, UM, MIGHT THAT ALLEVIATE SOME OF THE CONCERNS? UM, IF WE'RE ONE OF THOSE, WHAT I'M REFERRING TO THAT TH TH THE TREES AROUND THE BACKSIDE, CAUSE IT IS A SEPARATE DEVELOPMENT. I REALLY DON'T THINK ANYONE IS GONNA GO INTO OUR DEVELOPMENT. I DON'T BELIEVE THEY WOULD USE OUR GREEN SPACE NOR DO THEY NEED TO. THEY WOULD HAVE TO GO OUT ON A MAIN ROAD AND WALK ALL THE WAY AROUND OR WALK THROUGH SOMEBODY'S YARD. IT'S JUST NOT PRACTICAL, NOTHING AGAINST THEM OR ANYTHING LIKE THAT. IT'S JUST NOT PRACTICAL, BUT I'M TALKING ABOUT ENOUGH. UM, YEAH, SO WE, WE COULD POTENTIALLY PUT THAT BACK. IF IT WOULD ALLEVIATE SOME OF THESE CONCERNS BURNS. THAT'S ALL I WANTED TO SAY. IS THERE ANYONE NEW WISHING TO SPEAK ON IT? THE SONY SCOTT ON THAT? I MEAN, IF WE DID PUT THE BERM IN THE BACK, WOULDN'T WE THEN BE FURTHER REDUCING THE LOT SQUARE FOOTAGE NOTICEABLY AT THAT POINT, THAT WOULD STILL BE PART OF THE LOT. UM, THERE WOULD JUST BE AN EASEMENT OVER IT. SO IT WOULD NOT CHANGE THE LOT SIZE. IT WOULD CHANGE THE USABLE SPACE, BUT NOT THE LOT SIZE, I GUESS I JUST WANTED TO CLEAR UP JUST TO CLARIFY, MY NAME IS CINDY SMITH. JUST TO CLARIFY THAT I'M NOT TALKING ABOUT US GOING INTO USE OF GREEN SPACE IN THE NEW DEVELOPMENT. I'M TALKING ABOUT THE SAFETY OF THE CHILDREN IN THAT DEVELOPMENT USING THAT GREEN SPACE. SO I THINK THERE'S A DIFFERENCE. THERE'S A DISCONNECT HERE. I'M NOT SAYING WE NEED IT BECAUSE WE WANT TO BE GOING IN THERE FOR THE SAFETY OF EVERYONE. THERE SHOULDN'T BE A CORDONED OFF AREA. THAT'S A PLAYGROUND. THANK YOU. YES, SIR. AS MUCH AS I AM HARD OF HEARING, I JUST RUN DICK AGAIN. UH, I JUST WANT CLARIFICATION FROM THE DEVELOPER. YOU CAN COME BACK UP IS EVERYTHING'S GOING TO BE BUILT THE STRUCTURES THEMSELVES. LIKE THEY ARE IN THE OAKS, INCLUDING THE BASEMENT. THAT'S WHAT I WANT TO HEAR. WE CAN CYCLE ANALYZED THE SQUARE FOOTAGE AND HOW TO, IF IT'S A POSTAGE STAMP, A RECTANGLE, A TRAPEZOID, WHATEVER WE CAN DO, ALL OF THOSE THINGS AND OPEN SPACES, GREEN SPACES, WILL THE HOMES BE BUILT THE SAME AS THE OAKS, INCLUDING THE BASEMENT I YIELD. SO TO THE BEST OF MY KNOWLEDGE, THAT THIS HAS TO BE PART OF WHAT THE BUILDER WOULD WANT. I DON'T WANT TO COMMIT TO THAT BECAUSE IT'S PART OF THE, THE HOA AND I HAVE TO SELL IT TO A BUILDER LATER. AND I WOULD PREFER IT BE UP TO THE PERSON BUYING THE HOUSES FROM THE BUILDER, BUT I WOULD WANT INPUT NOR DO I THINK IT'S RELEVANT REALLY TO THE, THE ZONING AT HAND. SO MS. FARGO, I JUST WANT TO MAKE A COMMENT ABOUT THE BASEMENT. MANY OF YOU, SEVERAL [01:20:01] OF YOU HAVE MENTIONED TELOMERE FARM. SO ON ASSUMING THAT YOU'RE LOOKING TO THEM, AS YOU'D LIKE TO EMULATE THEM, KYLE AMIR FARMS HAS HOMES WITH NO BASEMENT. YOU WOULD NEVER KNOW IT DRIVING DOWN THE STREET. YOU WOULD NEVER KNOW IT BY THE AMOUNT THAT WAS SPENT OR WHAT IS INSIDE THE HOME EVERGREEN WOODS, WHICH IS AROUND THE CORNER FROM YOU HAVE HOMES WITH NO BASEMENTS. SO I'M, I'M HAVING A HARD TIME UNDERSTANDING THE IMPORTANCE OF A BASEMENT, BECAUSE YOU ALSO MENTIONED THAT MANY OF YOU ARE GETTING OLDER AND THAT'S WHY PEOPLE ARE NOT HAVING BASEMENTS BECAUSE THEY HAVE STEPS. AND SO WHAT THEY'RE DOING IS THEY'RE BUILDING MAYBE THREE CARDS. ALL RIGHT. UH, ANYWAY, I JUST WANTED TO MAKE THAT COMMENT BECAUSE AS A COMMISSIONER, I'M HAVING A HARD TIME, I'M REACHING THE SAME CONCLUSION THAT YOU HAVE, THAT BASEMENTS ARE SO IMPORTANT. THANK YOU. THANK YOU. I THINK WE CAN GO ON WITH THIS FOR FOREVER. YES, SIR. MADAM COMMISSIONER, DON IT, UM, THE COMMENT WAS MADE EARLIER THAT THE HOA WAS THE ONE THAT CHOSE THE, THAT WE, WE, WE CHOSE THE BASEMENTS, BUT THAT'S NOT THE WAY IT WAS WHEN, I MEAN, AND I UNDERSTAND WHAT YOU SAYING TOO, BUT YEAH, I AM OLD AND I LOVE MY BACON COOKOUT LIP CHAIR. YOU GOT TO WALK DOWN THOSE STAIRS. NO ABOUT OLD. I GOT TO GO ALL THE WAY. ALL THREE OF THEM, SAME, YOU HAD MA'AM UM, BASED ON WHAT WE'VE ALREADY GONE THROUGH, THAT'S WHY I WANTED TO SEND HIM IS AS YOU JUST STATED TO BE CONSIDERED, YOU KNOW, THIS AIN'T GONNA BE RESOLVED OVERNIGHT, BUT TO KNOW THESE OTHER CONCERNS THAT WE HAVE, AND WE ALL DO RESIDENTS OF THE OATS, THIS IS ABOUT BRINGING ANOTHER RESIDENT INTO THE OPS OR INTO THE FACILITY. CAUSE ANYBODY UP TO OATS TALL, YOU KNOW, BUT YES, MA'AM, WE WON'T BASEMENTS AND WE DO KNOW THEIR HOME WITHOUT BASIS, YOU KNOW, BUT IF THAT IS SOMETHING THAT COULD BE CONSIDERED, I WOULD LIKE THAT TO BE INCORPORATED. MATT THE COMMISSION. THANK YOU. ANY COMMENTS, MR. IF, IF YOU'RE READY FOR THIS PART, IT SOUNDS LIKE THERE'S A COUPLE ITEMS THAT COULD BE REVISED IN THE PROPOSED DECISION RECORD. YES. YES. PLANNING, COMMISSIONS WISH. UM, I BELIEVE THE, LET ME MAKE SURE IT GETS TO THE RIGHT PLACES HERE, THE ISSUES LAW NUMBER OR NUMBER 13 LAW REQUIREMENTS, THE MINIMUM LOT AREA. AND THEN THE MINIMUM FRONTAGE. IF THAT'S SOMETHING THAT, UH, YOU COULD REVISE THAT, THAT, UM, IN THE DECISION RECORD, AND THAT WOULD BE RECOMMENDED, UH, MOVING FORWARD TO CITY COUNCIL AND THEN UNDER 13, I'M SORRY. NUMBER 13, THIRD DECISION RECORD AND THE DECISION THAT THE LAW REQUIREMENTS. OKAY. UM, AND THEN ALSO, UM, NUMBER 12, THE DEVELOPMENT SHALL CONTAIN NO GREATER THAN 34 SINGLE FAMILY. LOTS THAT COULD BE STRICKEN WITH THE, IF THERE WAS A REVISION TO NUMBER 13 THAT IT'S BASED SOLELY ON HOW MANY CAN FIT BY LOT SIZE. THEN IN NUMBER 16, UH, WHERE IT SAYS THE PLANT COVENANTS SHALL BE APPROVED IN ADVANCED BY THE CITY LAW DIRECTOR AND SHALL INCLUDE AT LEAST THE FOLLOWING PROVISIONS, IF YOU WOULD LIKE TO ADD THAT EVERY HOME SHALL HAVE BASEMENTS, IT COULD BE ADDED THERE. I BELIEVE THOSE ARE. AND THEN, UM, IF YOU WOULD LIKE TO ADD ONE TO REMOVE THE GREEN SPACE FROM THE MIDDLE, THAT COULD BE ADDED AS WELL. AND THOSE LOT LINES COULD JUST BE EXTENDED OUT IN THOSE LOTS, GET LARGER. YOU BELIEVE THAT THE ISSUES THAT I DON'T THINK THERE, AS I UNDERSTAND, IT'D BE NUMBER 14. AND NUMBER 14 IS THE MOUND STILL THERE THAT THAT'S THE MOUND. IT GOES ALONG THE FRONTAGE, UM, AND FENCE [01:25:01] ON BELT BOUND AND FITCHBURG. YES. ANYONE ELSE HAVE ANYTHING NEW TO BRING BEFORE US ON THIS OWNING CASE? WE'LL CLOSE THE PUBLIC PORTION OF THIS ZONING CASE. I ASK ALL MY FELLOW COMMISSIONERS, HOW DO THEY FEEL ABOUT, UH, STAFF'S NEW, UH, UM, POTENTIAL RECOMMENDATIONS? I MEAN, I WOULD SAY THE, THE BOULEVARD ENTRANCE, IF THAT FITS WOULD BE LOOKING AT THE GREEN SPACE, IF THE CONCERN IS THAT IT'S LANDLOCKED ONE, I MEAN, MOST OF THE HOA COVENANTS ARE HAVING FOUR FOOT MAX FENCES ANYWAY, BUT I PERSONALLY WOULD HAVE A PROBLEM WITH IT BEING TAKEN OUT, JUST GIVEN AWAY. IT IS. UM, BUT I'M PERSONALLY NOT ON BOARD WITH TELLING A BUILDER THAT HE HAS TO DIG A BASEMENT FOR EVERY SINGLE LOT. NOW I WILL SAY THAT I DO BELIEVE THAT 90 PLUS PERCENT OF THOSE HOMES WILL END UP WITH BASEMENTS ANYWAY. AND I'D SAY 75% OF THEM WILL HAVE THREE CAR GARAGES IF THERE'S ROOM FOR IT, WHICH IS THERE'S GOING TO BE ROOM ON THESE LOTS, UM, QUESTION FOR MR. , UH, AND THE, UH, UH, UH, REPORT FROM THE FIRE DEPARTMENT. I MENTIONED THE TWO ENTRANCES. WOULD YOU EXPLAIN THAT TO ME AGAIN? OKAY. SO IS IT REQUIRED HERE? AND IF NOT, IF YOU DON'T UNDERSTAND, YOU SAY IT'S BECAUSE THE CHIEF CAN. SO TH THE FIRE CODE STATES THAT, UM, YOU NEED MORE THAN ONE ENTRANCE WHEN YOU HAVE, UH, OVER 30 SINGLE FAMILY, RESIDENTIAL LOTS, UM, THE FIRE CHIEF HAS THE ABILITY TO, UM, MODIFY OR INCUBATE VARIANCE ON THAT IN DIFFERENT SITUATIONS THAT HAS HAPPENED WITH, FOR EXAMPLE, UPPER CARRIAGE TRAILS WHEN THERE WAS A BOULEVARD ENTRANCE THAT BECAUSE YOU HAD EACH OF THOSE SIDES. AND AS I MENTIONED IN THE OAKS, THAT BACK CORNER, THERE'S LIKE 40, SO LOSS THERE. SO, UM, THAT IS, THEY HAVE THAT ABILITY TO DO THAT, BUT THAT IS THE FIRE CODE. OKAY. AND HE HAS DONE THAT IN OTHER SITUATIONS. YES. BUT, BUT THAT'S, THAT'S WHERE A BOULEVARD WOULD COME INTO PLAY, UM, AT THE ENTRANCE RIGHT NOW, THE ONLY THING THAT WE HAVE IS THAT HE SAYS TWO ENTRANCES ARE REQUIRED. DO WE NOT NEED A REPORT FROM HIM? THAT ONE IS SUFFICIENT AS IT STANDS RIGHT NOW, IF THE VARIANCE IS NOT GIVEN, THEN THERE CANNOT BE MORE THAN 30 HOMES BUILT AND WHO GIVES THE VARIANCE. AND WHEN THE FIRE CHIEF AT THE DETAIL DEVELOPMENT STAGE, ALL RIGHT. SOUNDS LIKE OUT OF OUR HANDS WHERE WE'RE PLANNING COMMISSION CAN ADDRESS IT IS REQUIRING THE BOULEVARD ENTRANCE. YEAH. THAT'S THOMAS I'M ON BOARD WITH THE BOULEVARD. I THINK THAT THAT'S A FAIR ASK. UM, I DO AGREE, UM, THAT ADDING BASEMENTS AS A REQUIREMENT IS, IS REALLY NOT, UM, FEASIBLE, BUT I'M SURE, LIKE, I AGREE WITH JIM THAT THE BUILDER CAN MORE THAN LIKELY, UM, COME FORTH WITH THAT. UM, IT'S JUST REALLY NOT SOMETHING THAT WE SHOULD MAKE THE DECISION ON AS FAR AS REQUIREMENT FOR STONING, FOR A BASEMENT. UM, AND THEN I'M, I'M FINE WITH REMOVING THE GREEN SPACE AS WELL. SO I'M THE SAME AS THOMAS, UM, THAT BOULEVARD, I FEEL THAT WE SHOULD PUT THAT IN THERE. I TOO AM FINE WITH NO GREEN SPACE. AND, UM, I TOO AM FINE WITH NOT REQUIRING BASEMENTS. THAT IS AN OPTION, BUT IT'S NOT REQUIRED MR. JEFFRIES. UM, I DON'T KNOW IF SHE WANTS TO REPEAT, BUT IT, IN THE BAG THEY SAID THEY COULDN'T HEAR. SO I END UP CONCURRING WITH, WITH MS. THOMAS, THAT BOULEVARDS, UM, NO GREEN SPACE AND NOT REQUIRING BASEMENT. IT CAN BE AN OPTION, BUT NOT REQUIRED. [01:30:01] MS. FARGO, IF, IF A BOULEVARD IS PUT IN THERE, DO YOU LOSE SOME LOTS, OR HOW IS THAT RECONFIGURED? NOT NECESSARILY, UM, PART OF THE DETENTION POND THAT LOCKS CAN'T BE RECONFIGURED. YES. BUT I HAVEN'T HEARD ANY DISCUSSION ON LOT SIZE THAT WOULD AFFECT HOW THOSE ARE REARRANGED AS WELL. IF PLANNING COMMISSION LIKE TO REVISE THAT CORRECT. MR. JEFFRIES. YEP. I HAVE A QUESTION ON ONE LOT IN PARTICULAR AND THEN THE DRESS A LOT SIZE, BUT SO ON THE LOT 10, I GUESS IT WOULD BE THE, WAS THAT THE NORTH PROPERTY LINE THAT COMES IN FROM LOT NINE WE'VE. WE HAVE A HOUSE LIKE THIS AND CARRIAGE TRAILS THAT CAN, WHEN YOU LOOK AT THE BUILD LINES BETWEEN THE TWO HOUSES, I THINK THEY THEY'RE GOING TO BE OKAY IN THIS CASE. BUT WHEN YOU LOOK AT THE PROPERTY LINES, IT'S ALMOST LIKE LOT TENS NORTHERN PROPERTY LINE IS GOING TO RUN INTO OR NORTHERN. UM, HOUSE LINE WILL RUN INTO LOT NINE'S PROPERTY LINE IF THEY PUT A FENCE UP. AND I ONLY REASON I KNOW THIS IS BECAUSE THERE'S A HOUSE I DRIVE BY IN OUR NEIGHBORHOOD THAT IT LITERALLY LOOKS LIKE A CROOKED HOUSE BECAUSE OF THAT LAYOUT. AND IT, IT'S NOT CROOKED WHEN YOU GO BACK AND COME BACK THROUGH AND REVISIT IT, BUT IT, IT LOOKS CROOKED. SO I DON'T KNOW IF THAT'S SOMETHING THAT'S CAN BE ADDRESSED IN THIS, OR IF I'M, MAYBE I'M CRAZY AND JUST LOOKING AT IT ON PAPER, IT'S NOT GOING TO BE THAT WAY. BUT I JUST THINK IF LOT NINE PUTS A FENCE IN, IN LA 10 TRIES TO PUT A FENCE IN, I THINK TEN'S CORNER OF THEIR HOUSE IS GOING TO RUN IN A LOT NIGHTS, WELL, HOUSE WON'T RUN INTO THE FENCE BECAUSE THEY STILL HAVE A 10 FOOT SIDE YARD, BUT IF THEY GO STRAIGHT OFF THE, BUT, UM, THERE'S TWO WAYS OF DOING THAT LOT LINE AND THAT WOULD COME AT THE DETAILED PHASE, BUT PERPENDICULAR TO THAT ROAD ADDRESSES THAT. AND I BELIEVE THAT THAT CAN WORK FOR BOTH THOSE LOTS TO GET THE RIGHT SIZE. AND THEN I GUESS I'LL, I'LL COMMENT ON LOT SIZE SINCE IT HASN'T COME UP. BUT I THINK FROM THE LAST TIME WE APPROVED THE DEVELOPMENT, THE WAY THAT IT WENT TO THE COUNCIL AT COUNCIL, A LOT OF STUFF WAS DISCUSSED AND CHANGED. AND THE DISCUSSION FROM EVERYTHING I HEARD WAS AROUND DENSITY. AND IT LOOKS TO ME LIKE THE DEVELOPERS COME BACK AND SAID AT THIS POINT, I MEAN, THEY'VE MADE A LOT OF ADJUSTMENTS BASED ON THE WAY THE OAKS WAS. IT TOOK DOWN TO EVERYTHING EXCEPT FOR SQUARE FOOTAGE OF THE LOT. SO I THINK THEY'VE SHOWN SOME PROPENSITY TO CHANGE. WE LOOK AT DENSITY. I DON'T THINK IT'S FAIR TO SAY THAT THERE'S TOO MUCH DENSITY IN THEIR CASE, BUT WE CAN LOOK AT IT SECTIONS OF THE OAKS AND SAY, IT'S OKAY, THAT THEY'RE OVERLY DENSE IF WE COMBINE IT WITH THE ENTIRETY OF THE OAKS. RIGHT. DOES THAT WHAT I HEARD EARLIER? YES. SO IT'S KIND OF LIKE WE'RE PICKING AND CHOOSING WHERE DENSITY MATTERS. IF THESE LOTS ARE LESS DENSE THAN THE LOTS THAT ARE BEING BUILT IMMEDIATELY SOUTH OF THEM, BUT THE ONES THAT ARE IMMEDIATELY SOUTH OF THEM QUALIFY BECAUSE OF HOW THEY COMBINE INTO THE TOTAL DENSITY OF THE NEIGHBORHOOD. UH, I WILL ANSWER THAT, UH, BECAUSE THESE LOTS ARE SMALLER THAN THE LOTS THAT ARE DIRECTLY TO THE WEST, WHERE THE DENSITY COMES IN IS THIS HAS SOME OPEN SPACE. THAT'S MORE OPEN SPACE THAN THE SECTION DIRECTLY TO THE WEST. SO THAT'S WHERE YOU CAN COMPARE DENSITY, BUT IT'S KIND OF APPLES AND ORANGES, RIGHT. THAT'S WHAT I WAS. BUT THESE LOTS THAT ARE PROPOSED ARE SMALLER THAN THE LOTS THAT ARE DIRECTLY TO THE WEST. ANY OTHER DISCUSSION? SO I NEED YOUR HELP ON VERBIAGE. SO WHAT I'M HEARING IS, UH, I THINK WE'RE ALL IN AGREEMENT TO ELIMINATE THE GREEN SPACE. SO I HAVE THE OPEN SPACE LOT IN THE CENTER SHALL BE REMOVED. AND THEN THERE SHALL BE A BOULEVARD ENTRANCE OFF BELL FOUNTAIN ROAD. THERE'S A TWO ADDITIONS. YES. NOW WHEN YOU TALK ABOUT A BOULEVARD AND YOU JUST TALKING ABOUT TO GET INTO IT, MAYBE PASS THE, UH, JUST TO THE FIRST STREET, SIMILAR TO WHAT THE OAKS HAS NOW. ALL RIGHT. SO IT'S NOT REALLY A BOULEVARD. IT'S JUST IGLIDE ENTRANCE. YES. THAT'S EXACTLY HOW THE CARRIAGE TRAILS ONE WORKED. [01:35:11] SO WHAT DOES THAT DO TO THE 34? SINGLE FAMILY? LOTS, IF ANYTHING. UM, THAT'S, THAT'S WHAT THE PLAN IS PROPOSED. OKAY. AS OF RIGHT NOW, I HAVE NOT HEARD A REQUEST TO CHANGE A LOT WITH THE MARSEILLES. OKAY. MY ONLY THE DECISION RECORD TO MAKE SURE THAT WE, THAT THERE'S NOT SOMETHING IN THERE THAT WE'VE DISCUSSED AND IT SHOULD COME OUT SHORTLY. YOU DON'T HAVE TO READ IT, BUT JUST GIVE US SOME, MAYBE EXPLAIN I'LL, I'LL HIGHLIGHT SOME BULLET POINTS THROUGH IT. OKAY. UM, IN THE DECISION RECORD, THE, THE FIRST ONE IS BASICALLY THAT THE PLANS IT'S, WHAT'S APPROVED UNLESS MODIFIED BY THE CONDITIONS BELOW, UM, THE NUMBER TWO TALKS ABOUT THE BERMING, UM, AND LANDSCAPING ALONG BUILT OUT IN FISHBURG NUMBER THREE TALKS ABOUT, UM, UH, THAT LIEBERMAN SHELBY CONSTRUCTION ON THE REAR OF THE LOTS. AND THAT'S THOSE LOTS THAT, UH, BUT, UH, BELL FOUNTAIN AND FITCHBURG, AND IT TALKS ABOUT, SO IT ALSO IN THERE, THE LANGUAGE ABOUT HOW THE CITY CAN GET INVOLVED, IF IT'S NOT MAINTAINED, UH, NUMBER FOUR IS ABOUT BELL FOUNTAIN, FITCHBURG BEING IMPROVED WITH SIDEWALKS AND CURBS IN THE WIDENED NUMBER FIVE TALKS ABOUT, UH, MASONRY REQUIREMENTS OF, UH, WE'LL CALL THEM THE INTERIOR LOTS. NUMBER SIX TALKS ABOUT MASON REQUIREMENTS OF THE LOTS THAT ARE ON BELL, FOUND FITCHBURG, UH, NUMBER SEVEN TALKS ABOUT, UH, ACTUALLY THAT'S A DUPLICATE. SO THERE, SO, UM, I WOULD RECOMMEND THAT WE, UM, REMOVE NUMBER SEVEN BECAUSE THAT DUPLICATES, WHAT NUMBER FOUR WAS THE SAME THING AS FOUR, IT SAYS, SHALL HAVE IMPROVEMENTS TO AN 18 FOOT HAT FROM CENTER LINE, HALF SECTION WITH CURBS AND SIDEWALKS. SO THAT THAT'S NUMBER FOUR SAYS THE SAME THING. YES. OKAY. OKAY. UM, LET'S SEE, UH, NUMBER EIGHT TALKS ABOUT THE, YOU HAVE TO HAVE A DETAILED DEVELOPMENT PLAN, UM, AFTER THIS STAGE, UH, NUMBER NINE TALKS ABOUT THAT YOU HAVE TO HAVE A FINAL PLANT, UH, NUMBER 10 TALKS ABOUT THAT THE RETENTION POND SHALL BE YOUR, UH, ONE OF THE FIRST THINGS IT HAS TO BE WITH THE FIRST PHASE CONSTRUCTED. UH, NUMBER 11 TALKS ABOUT THAT. UH, ANY ENGINEERING, FIRE COMMENTS HAVE TO BE SATISFIED, UH, PRIOR TO THE APPROVAL, THE DETAILED DEVELOPMENT PLAN, UM, 12 TALKS ABOUT THE, UH, NUMBER OF LOTS AND HOW MANY DO WE HAVE UP HERE? 34. OKAY. UM, NUMBER 13 IS THE LOT REQUIREMENTS, THE MINIMUM LOT AREAS. AND, UH, WITH ALL THE SETBACKS AND THE WIDTH, NUMBER 14 DISCUSSES THE GREEN SPACE, UH, THAT, UH, TALKS ABOUT THE RETENTION POND AND THEN THE MOUNTING AND BERMING, UH, ALONG THE STREETS, NUMBER 15, UH, TALKS ABOUT THE, UH, ONCE AGAIN ABOUT THE, UM, UH, THE BUILDINGS THEMSELVES MASONRY. AND THEN IF THERE'S A MODEL HOME THAT IT USES THE HIGHEST PERCENTAGE OF MASONRY, UH, THEN NUMBER 16, THAT, THAT DISCUSSES ABOUT THE AMOUNT OF MASONRY OR IN THE SIZE OF THE HOUSES THEMSELVES. UM, DEPENDING ON IF IT'S A SINGLE STORY OR TWO STORY, AND THEN WE ADDED 17 AND 18. AND COULD YOU AGAIN TELL US WHAT 17 WAS? THE OPEN SPACE LAW IN THE CENTER SHALL BE REMOVED IN 18. THERE SHOULD BE A SHELBY BOULEVARD ENTRANCE OFF BELL FOUNTAIN. BRENDAN, EVERYBODY GOOD. OKAY. I'M I'M A LITTLE FOUR AND SEVEN ARE THE SAME. WHAT'S DIFFERENT. ALL AN 18 FLIP CENTER. NO, THE FOUR AND SEVEN WERE THE SAME. SO WE'RE REMOVING NUMBER SEVEN, RIGHT. SORRY, I DIDN'T GET THAT. OKAY. OKAY. IS THERE A MOTION TO APPROVE [01:40:01] THE REQUEST BY THE APPLICANT DJING REALTY, LLC, FOR REZONING TO PLANNED RESIDENTIAL AND BASIC DEVELOPMENT PLAN FOR 14 POINT 18 ACRES AT BEL FONTAINE ROAD AND FISHBURG ROAD LOCATED AS PARCEL PARCEL PIECE 70 ZERO THREE NINE ZERO EIGHT ZERO ONE FOUR SIX OF THE MONTGOMERY COUNTY, OHIO RECORDS, ZONING CASE 21 DASH ZERO EIGHT IN ACCORDANCE WITH THE RECOMMENDATIONS OF STAFF'S MEMORANDUM DATED MARCH 17, 2021. AND THE PLANNING COMMISSION'S DECISION RECORD ATTACHED AS AMENDED MOVED BY MS. THOMAS, IS THERE A SECOND, SECOND BY MS. HALL SECRETARY, WILL YOU PLEASE CALL THE ROLL MR. JEFFRIES? YES. AS FARGO. YES. YES. IT'S THOMAS. YES. MR. WALL. YES. MOTION PASSES FIVE TO ZERO. WHAT'S NEXT FOR THE APP. OKAY. THIS WAS A RECOMMENDATION TO CITY COUNCIL. SO THIS WILL GO TO A WORK SESSION FOR CITY COUNCIL AND THEN PUBLIC HEARING AT CITY COUNCIL. SO WE WILL NOTIFY EVERYBODY AGAIN OF WHAT THOSE DATES ARE, UM, WHEN THAT IS SET UP. THANK YOU. THANK YOU ALL FOR COMING AND SUPPORTING YOUR COMMUNITY. THEN YOU OWN IT. THEY'RE WELCOME TO STAY. WE HAVE ANOTHER WEEK. WE GOTTA CONTINUE ON HERE, PLEASE. UH, NEXT ITEM UNDER NEW BUSINESS, THE DETAILED DEVELOPMENT PLAN IN THE APPLICANT GENERATIONS CONSTRUCTION LLC IS REQUESTING APPROVAL OF A DETAILED DEVELOPMENT PLAN FOR SECTION SIX OF THE CALLA MERE FORMS DEVELOPMENT ZONING CASE 21 DASH ZERO NINE. MR. . SO THE REQUEST TONIGHT IS FOR A DETAILED DEVELOPMENT PLAN FOR CALLA MERE FARM, WHICH IS, UH, 8.033 ACRES FOR SECTION SIX, SECTION SIX IS LOCATED AT THE, LET ME GRAB THESE DOORS HERE REAL QUICK. EXCUSE ME. OKAY. SO, UH, SECTION SIX IS LOCATED IN THE SOUTHEAST CORNER OF THE, UH, MAYOR FARMS DEVELOPMENT. UH, THIS IS THE LAST SECTION, UM, THAT, UH, IS, UH, EXTENSION OF CALENDAR YEAR FARMS DRIVE. SO THE REQUEST IS FOR A NEW SECTION OF 120 FOOT LOTS, UM, IT'S CAN PROPOSE TO CONTAIN 14 NEW HOUSES. AND, UH, THIS SECTION HAS ALL APPLICABLE PUBLIC UTILITIES STREETS IN EASEMENTS. SO THIS IS, UH, AS PUBLIC SEWER, PUBLIC WATER AND PUBLIC STORM SEWER. THERE'S AN EXISTING DETENTION BASIN, UH, LOCATED TO THE WEST THAT, UH, THIS AREA DRAINS INTO. UM, AND THIS, UH, SETS UP ALL OF THOSE LOTS TO BE ABLE TO, UH, BUILD THOSE HOUSES. UM, ONE OF THE THINGS TO NOTICE ON THIS IS, UH, AT THE SOUTHERN END, THERE IS AN EXISTING TREE LINE THAT IS TO REMAIN THAT, UH, THEY, UH, WILL, UH, PUT UP THE EROSION CONTROL MEASURES, UH, LOCATED IT'S ABOUT 30 FEET OFF THE LINE BACK THERE THAT, UH, THEY WILL, UH, PROTECT THAT TREE LINE THERE. UM, SO THIS MATCHES THE BASIC DEVELOPMENT PLAN THAT WAS APPROVED. UM, AND, UH, THESE HAVE, UH, 130 FOOT DEPTH, THE MINIMUMS, UM, THAT SAYS A, UM, EXTENDS BACK TO A CROSS STREET WITH A COLD STACK ON EACH SIDE. SO, UM, THE APPLICANT IS HERE TONIGHT AND I'LL BE HAPPY TO ANSWER ANY QUESTIONS. OKAY. ANY QUESTIONS FOR STAFF, MR. JEFFRIES? AND THIS IS THE ONLY HAD THE PICTURES ADDED TONIGHT, RIGHT? UH, YES. AND, UH, THE RESIDENT THAT, UH, DID, UH, PROVIDE THAT, UM, IS HERE TONIGHT AS WELL, UM, THAT, UH, THERE WAS CONCERN ABOUT SOME DEBRIS FROM PREVIOUS SECTIONS, AND THAT WAS ONE OF THE POINTS ABOUT, UH, THAT THE THERE'S ABOUT A 30 FOOT, UH, AREA. THAT'S NOT GOING TO BE DISTURBED BACK THERE THAT, UH, AND WITH THE SILK FENCING TO STOP ANY KIND OF, UH, UM, YOU KNOW, UH, SILK TURN, THOSE KINDS OF THINGS THAT GOES TO THE SOUTH, UM, OTHER CONCERNS ABOUT, UH, TRASH AND [01:45:01] THOSE KINDS OF THINGS. THAT'S SOMETHING OUR ENGINEERING INSPECTORS WILL BE OUT WATCHING FOR, UM, THROUGHOUT THE BUILD PROCESS. SO IN, I MEAN, IN THE LETTER THAT WAS SAYING, AND AGAIN, I DON'T KNOW IF WE NEED TO WAIT UNTIL SHE SPEAKS, BUT IT ASKS ABOUT A REASONABLE BUFFER OF A 20 TO 30 FOOT STRIP ALONG THE EDGE. SO IS THAT WHERE YOU'RE TALKING OR ARE YOU SAYING THAT THIS WOULD BE A REQUEST IN ADDITION TO THE BUFFER THAT IS ALREADY BEING DISCUSSED? SO THAT THERE'S, IF IT'S NOT AN OFFICIAL, NO DISTURB EASEMENT GOING BY THEIR PLAN, UM, AS SHOWN IS TO LEAVE THAT AREA, UH, FOR CONSTRUCTION. SO ABOUT 30 FEET, ANY OTHER QUESTIONS FOR STAFF AND UP TO THE PUBLIC, ANYONE WISHING TO SPEAK FOR THE APPLICANT? ALL RIGHT. ANYONE ELSE WISHING TO SPEAK ON THIS ZONING CASE? I'M RIGHT AHEAD. UM, MY NAME IS JACQUELINE SHOOK AND THE ADDRESS THAT, UH, IN QUESTION, THE REASON WHY I'M HERE IS THAT MY PROPERTY BUTTS UP AGAINST THE BACK OF THE CALIBER FARMS. I'M AT SEVEN FIVE SEVEN ONE CHAMBERSBURG ROAD. AND, UM, THE REASON I WAS MOVED TO COME HERE TONIGHT IS BECAUSE INDEED, UM, ON THE PREVIOUS BUILD THAT CALIFIA FARMS TOOK, UH, PUT TOGETHER, UH, I FOUND SIGNIFICANT DEGREE AND MY CREEK, WHICH IS ABOUT, I'D SAY 30 FEET IN FROM MY FENCE LINE, BUT IT WAS CLEARLY DEBRIS OF A CONSTRUCTION NATURE. AND I CAN'T SAY WHOSE IT WAS, I DON'T EVEN HAVE PICTURES OF IT. I SIMPLY TOOK, TOOK IT UPON MYSELF TO CLEAN IT ALL UP AT THE TIME AND DISPOSED OF IT. AND NOW THEY'RE COMING IN AGAIN. AND I'M LIKE, UH, THE MAIN THING THAT HAPPENED WITH THE DEBRIS WAS THERE WAS A VERY SIGNIFICANT OIL SPILL OR SOMETHING, JUST AN OILY SLIME. ALL IN MY CREEK, ALL OF THE, UH, NATURAL WILDLIFE IN THE AREA WAS DESTROYED. IT USED TO HAVE FISH IN THE CREEK, EVERYTHING WAS DEAD. IT WOULDN'T SUPPORT ANY LIFE. AND A REALLY STRONG PETROLEUM ODOR WAS IN THE AREA. AT THE TIME I FOUND A FIVE FOOT LENGTH OF PVC PIPE, SIX INCH DIAMETER, PVC PIPE IN MY CREEK. AND I'M LIKE, OKAY. AND THERE WAS A GARDEN HOSE IN MY CREEK AND I'M LIKE, OKAY. BUT NONETHELESS, I CLEANED ALL THAT DEBRIS OUT, BUT LIKE I SAY, IT DID LEAVE A SLIME IN THE WATER I HAD SPECIFICALLY JUST FOR, FOR THE RECORD, I'D GONE BACK TO THE CREEK TO PICK UP SOME ROCKS THAT I NEEDED FOR A PROJECT I WAS DOING. NONE OF THE ROCKS WERE USABLE BECAUSE THEY WERE COVERED WITH THIS OILY SLIME THAT I COULD NOT REMOVE FROM THE, FROM THE ROCKS. UM, I DON'T WANT THAT SORT OF THING TO OCCUR IN THE FUTURE. I JUST WANT TO MAKE SURE THAT NOTHING LIKE THAT COMES ABOUT IN THE FUTURE. I WANT, UM, PREVENTIVE MEASURES TO BE TAKEN. SCOTT MENTIONED THAT HE INDEED WOULD HAVE THE ENGINEERS LOOK INTO THE TRASH ISSUE. UM, IN MY EMAIL, I MENTIONED, INDEED, I SHOULD HAVE CALLED THE OHIO EPA, BUT DIDN'T WANT TO GET THEM INVOLVED. BUT INDEED, IF ANYTHING OF THIS NATURE OCCURS AGAIN, I WILL BE FORCED TO CALL THE OHIO ETA BECAUSE I NEED TO PROTECT MY AREA. AND THAT'S MY MAIN CONCERN. AND THEN, UH, THE CURRENT PICTURES THAT I PROVIDED, THOSE ARE ACTUALLY PHOTOGRAPHS OF THE BACK OF MY NEIGHBOR'S PROPERTY. AND IT'S CLEARLY CONSTRUCTION DEBRIS. I DON'T THINK HE'S AWARE IT'S THERE. MY NEIGHBOR HAS MOVED OUT. HE IS STILL THE OWNER OF RECORD OF THE PROPERTY, BUT THEY'RE NOT LIVING THERE ANY LONGER. SO I DID PROVIDE THE PICTURES BECAUSE THE DEBRIS SHOULDN'T BE THERE, IT'S SIMPLY A MATTER OF ABOUT A CLEANUP AS NEEDED. AND IF THAT SORT OF THING IS GOING TO CONTINUE, THEN IT NEEDS TO STOP CONTINUING AS MY POINT. OKAY. THANK YOU FOR BRINGING THE DOOR ATTENTION. THANK YOU, SCOTT. HERE AGAIN, THAT'D BE AN ENGINEERING PROBLEM OR IS THAT THE, WE CHECK AT THE BEGINNING? UM, THAT, UH, SO THAT'S, YOU KNOW, UH, IF THERE IS SOME KIND OF SPILL ONE THAT IS TRUE, THAT THAT'S NOTICED THAT IS SOMETHING THAT, UH, THE PA SHOULDN'T BE CALLED ABOUT, UM, OR THOSE KINDS OF THINGS. SO THAT IS SOMETHING THAT, UH, OUR FIRE DEPARTMENT GETS INVOLVED IN THOSE KINDS OF THINGS. SO THAT'S SOMETHING THAT WILL BE WATCHED. OKAY. UH, MS. FARGO, WE HAVE SOME PHOTOS UP HERE AND IT DOESN'T HAVE ANYTHING TO DO WITH THE SPILL, BUT THERE'S A LOT OF DEBRIS AND JUNK AND TRASH. UH, CAN YOU TELL ME WHAT THAT IS? IS, ARE THESE THE BUILDING MATERIALS THAT YOU'RE TALKING ABOUT THAT WERE YES. MA'AM YOU THINK THAT THAT CAME FROM, FROM THE, YEAH. THE BUILDING OF THOSE HOMES? YEAH. RIGHT. YOU DON'T KNOW, BUT IF THE PROXIMITY IS SUCH THAT IT'S ALMOST ON MY FENCE LINE, IT'S ABOUT 10 FEET IN, FROM MY FENCE LINE ON THE [01:50:01] WEST SIDE, ESSENTIALLY, IF I PUT MY PROPERTY AND, UH, TO WHAT SEEMINGLY TO ME ARE RATHER LARGE, SIGNIFICANT PILES OF DEBRIS AND THE TOP SOIL BAG IS INVOLVED. IT'S ON MY PROPERTY THAT PHOTOGRAPH, ONE OF THEM SAYS TOP, SO YOU CAN KIND OF READ IT, THAT'S ON MY PROPERTY. AND I'M LIKE, I DIDN'T PUT A TOP SOIL BAG BACK THERE. AND SO IT APPEARS THAT IT CAME FROM THE CONSTRUCTION AND MR. PAUL KOSKI, I'M ASSUMING THAT YOU WILL HANDLE THAT AS WELL WITH A YES. UM, W WE WILL WATCH THE CONSTRUCTION OF THIS NEW SECTION, UM, TO GO LOOK AT NOW, WE CAN HAVE OUR ZONING GUYS GO LOOK AT SOME DEBRIS, BUT, UH, IN THOSE CASES, IT'S WHERE THE DEBRIS IS. SO, UM, IT'S HARD TO SAY EXACTLY WHERE IT CAME FROM. UM, BUT THAT'S SOMETHING THAT'S, WE CAN KEEP AN EYE OUT FOR THE CONSTRUCTION AS IT MOVES FORWARD. AND I GUESS, UM, MY QUESTION IS, IS THIS A REASONABLE REQUEST THAT SHE HAS MADE FOR A BUFFER? WELL, LIKE I SAID, TH THAT BACK AREA, UM, IT'S, IT'S PLANNED TO NOT BE DISTURBED. UM, BUT, UM, THAT THERE, THERE COULD BE A, UM, LIKE A 25 FOOT BUFFER. THAT'S SOMETHING WE HAVE DONE BEFORE, UM, NEXT TO NEIGHBORING PROPERTIES. SO MALABAR OR THE BUILDER HERE. GOT THE DEVELOPERS HERE. GOOD EVENING. MY NAME'S JEFF I'M HERE ON BEHALF OF GENERATIONS CONSTRUCTION. IT'S G R I S AS IN SAM, E Z AS IN ZEBRA. AND IT'S PO BOX THREE NINE ZERO SIX, DAYTON OHIO FOUR OR FIVE, FOUR OH ONE. SO LET ME JUST START BY SAYING, I APOLOGIZE FOR NOT BEING A GOOD NEIGHBOR. UH, WE GOT THAT EMAIL TODAY AND I, I DID RESPOND TO SCOTT. WE ARE DEFINITELY NOT AWARE OF ANY PETROLEUM POLICY PRODUCT THAT WE WOULD HAVE YOU UTILIZED DURING CONSTRUCTION THAT WOULD HAVE CREATED A SLUDGE OR ANYTHING BEYOND THAT. UH, IN ADDITION, THE EMAIL ADDRESS, LAWN CHEMICALS, UH, AGAIN, NOTHING THAT WE DO DURING THE CONSTRUCTION PROCESS OR DURING THE DEVELOPMENT PROCESS USES THE LAWN CHEMICALS. WE SEED OUR SOD, UM, THAT WOULD HAVE BEEN HOMEOWNERS POST-FACT. AND THEN WE ALSO DON'T USE GARDEN HOSES. UH, THE ONE EXCEPTION TO THAT IS THAT IT'S YARD TO GO IN, UH, THE COMPANY THAT WE UTILIZED INSTALL SOD DOES PROVIDE THE HOMEOWNERS WITH NEW, UH, POSES. UH, I PROMISE YOU THEY'RE NOT FOUR FEET LONG, THE HOSES THAT THEY PROVIDE. SO AGAIN, I DO APOLOGIZE FOR BEING A, NOT SO GOOD NEIGHBOR. AS I MENTIONED TO SCOTT EARLIER IN THE EMAIL, WE DID HIRE, UH, AN ADDITIONAL SUPPORT PERSON FOR, UH, AS THINGS HAVE BEEFED UP HERE, OUT THERE, AND NO PROBLEM GOING AND LOOKING ON THE BORDERLINES, WE WILL DO A BETTER JOB. ALL THE HOUSES HAVE DUMPSTERS, UH, THE TWO PEOPLE THAT WE HAVE OUT THERE, THEIR PRIMARY, ONE OF THEIR PRIMARY LOCATIONS IS TO DO HOUSEKEEPING AND TRY AND KEEP THINGS AS CLEAN AS WE CAN. SO WE'LL WORK WITH THE CITY ON THAT. AND AGAIN, WE DO APOLOGIZE. THERE'S, THERE'S NOTHING THAT I'M AWARE OF, THAT WE WOULD HAVE SPILLED OR DONE WE'LL, WE'LL MAKE SURE, UH, AS FAR AS THE BUFFER GOES, UH, THE GIST OF WHAT WE'RE DOING, THAT'S NO DIFFERENT THAN OTHER PHASES. WE ARE KEEPING THOSE TREE LINES, EVEN WITH THE THAT TOOK OUT SOME OF THOSE TREES. WE ARE KEEPING THAT ON NEW BRUSH, MOST OF THE HOMEOWNERS THAT WE DEAL WITH WANT THE PRIVACY. SO WE'RE NOT GOING TO TAKE THAT AS FAR AS GOING THE NEXT STEP WITH THE BUFFER, AS I'M LOOKING ACROSS THAT SOUTHERN BORDER, WE DON'T MIND, UH, IDENTIFYING AS OWN. THE, THE BIGGEST THING WITH THAT IS, IS THAT POOLS ARE BECOMING VERY POPULAR RIGHT NOW. WE JUST WANT TO MAKE SURE THE LOTS ARE USUALLY LARGE ENOUGH TO HANDLE IT. AND AS I LOOK, I STILL THINK WE HAVE, BUT AS FAR AS GOING TO CALL IT OUT THE NEW HOMEOWNERS, IF THEY WANT TO UTILIZE THAT, OR WE'VE HAD SOME PEOPLE COME IN AND WANT TO CLEAR THAT, LEAVE SOME OF THE BIGGER TREES, CLEAR THE UNDERBRUSH AND DO THAT AGAIN. WHEN WE GET TO THAT POINT, YOU'RE DEALING WITH A HOMEOWNER, NOT CONSTRUCTION, NOT BUILDING. SO THAT'S WHY WE DIDN'T GO AS FAR AS TO LABEL IT. AND, AND, BUT WE HAVE NO INTENTION OF TAKING DOWN THOSE TREES. THERE, THERE ARE AN APPEAL FROM THE MARKETING PROCESS. AND TELL ME AGAIN, HOW YOU FEEL ABOUT BUFFER. DO YOU THINK THAT'S A REASONABLE REQUEST? UH, WHETHER IT BE A MOUND OR MAYBE TREES, OR I WOULD NOT BE SATISFACTORY [01:55:01] FOR MS. CHOKE? YEAH, I WOULD PREFER NOT TO DISTURB THAT AREA AND LEAVE IT AS IS AND NOT DO ANYTHING. I BELIEVE THAT THERE'S AN APPEAL THERE FOR PRIVACY. THOSE ARE AGAIN, THE LOTS THAT THESE BACKUP TO DEFINITELY THE FOLKS ON CHAMBERSBURG HAVE THE LARGEST STATE LAW TO ACRES AND, UH, YOU KNOW, OBVIOUSLY VALUE PRIVACY, THE FOLKS BUYING THESE VALUE THAT TOO. SO ANYBODY BUYING ALONG THERE IS GOING TO LEAVE A 10 TO 15 FOOT BUMPER NATURALLY. AND I JUST DON'T WANT TO IDENTIFY ONE OF THE APPEALS OF THESE LARGER LOTS HAS BEEN POOLS. IT'S BEEN FENCES. IT'S BEEN THINGS LIKE THAT. AND ANYBODY THAT'S CHANGED THAT. I MEAN, THEY'VE USED GOOD JUDGMENT. NOBODY'S OUT THERE PUTTING UP, YOU KNOW, IF THEY'RE TAKING DOWN TREES, IT'S BEAUTIFUL. IT'S A BIG BACKYARD, LOOKS LIKE A NATURE PRESERVE, OR THEY'VE GONE IN AND WANT TO PUT A FENCE TO THE PROPERTY LINE. SO IF SOMEBODY BUYS THOSE LOTS, THE APPEALS, THE BIGGER LOT, I DON'T WANT TO PUT A BUFFER THAT SAYS I CAN'T PUT A FENCE ON IT, OR THAT IF SOMEBODY WANTS TO ADD A POOL, THAT THEY CAN'T UTILIZE THAT AREA FOR A POOL. SO THAT'S WHY WE HESITATE, BUT THAT'S TAKEN CARE OF THE NEW OWNER. WHAT I'M TRYING TO ADDRESS IS THE PROBLEM THAT WAS BROUGHT TO ME BY THE, UH, SOMEONE THAT'S ALREADY THERE AND A PHOTO THAT WE HAVE, THAT'S CLEARLY SHELL'S HOUSE RIGHT THERE. UH, AND, AND, AND IF I MAY NOT BE LOOKING AT THIS CORRECTLY, BUT IF THIS IS, THIS IS THE LAND THAT SHE'S TALKING ABOUT, UH, IT SEEMS TO ME THAT, UM, PLANTING TREES, MIKE, JUST TO, UH, FOR THE TRANSITION, IF NOTHING ELSE FROM, WELL, AS SCOTT SAID, THERE'S, THERE'S TREES THERE. THERE'S UNDERBRUSH THERE. UH, THEY'RE BIG LOTS. IT'S NOT, I'LL START WITH WHAT MY FIRST STATEMENT WAS. APOLOGIZE FOR NOT BEING A GOOD NEIGHBOR. WE WILL TIGHTEN UP ON THE TRASH. UH, AGAIN, THINGS LIKE TOPSOIL BAGS, GARDEN HOSES, WE'RE NOT USING THOSE THINGS. SO WHEN YOU GO THROUGH AND IDENTIFY, WE HAVE, UH, I GUESS IF I'M GOING TO SAY ON THE EAST SIDE RIGHT NOW IN THE PREVIOUS PHASE, WHICH IS PHASE FIVE, AND YOU GET INTO LOTS, ONE 15, ONE 16, ONE 17, WE BORDER. AND I KNOW ROSEMARY'S NOT WITH US ANYMORE, BUT ALONG THAT THE FORMER BITNER PROPERTY WE HAVE, WE WERE BUILDING ALONG THERE IN THE WINTER. WE'RE NOT SENDING SOMEBODY OUT THERE IN THE COLD TO GO PICK THAT UP. BUT ON OUR SPRING TO DO LIST, WE'RE GOING TO PICK UP ALONG THAT PROPERTY LINE. WE'VE PROMISED THAT TO THE NEW HOMEOWNERS, WE HAVE NO PROBLEM GOING DOWN TO THE OTHER PROPERTY LINES, THAT'S GOING ON DOING THE SAME THING. SO IF YOU WANT TO PUT IN THERE, HEY, DURING, UH, CONSTRUCTION OF THE NEW LOTS, WE'LL HOLD ALL THE TREE LINE. THERE WERE, YOU KNOW, THE, AS FAR AS I KNOW, FROM OUR EPA PERMIT, WE'RE GOING TO HAVE TO HAVE A SOLE FENCE THERE. WE'RE GOING TO HAVE TO ADDRESS ALL THESE THINGS NATURALLY. UH, BUT NO, I WOULD PREFER NOT TO GO AS FAR AS TO SAY, HEY, WE'RE GOING TO HAVE A NO DISTURB, CAUSE I DON'T WANT TO PREVENT FUTURE HOMEOWNERS FOR ACCESS TO THEIR PROPERTY. SO YOU WANT TO, YOU DON'T WANT TO PLAN ANY MORE TREES. NO. WE WANT TO UTILIZE WHAT'S. THERE IS WHAT WE'VE BEEN DOING. WE'VE GOT HIM UP HERE. ANY OTHER QUESTIONS FOR THE APPLICANT? JUST TO VERIFY, I GUESS THE TREES ARE ON YOUR SIDE OF THE PROPERTY LINE THEN, RIGHT? THAT'S MY UNDERSTANDING. YES. IT'S MIAMI. JEN, COME TO THE MIC PLEASE. THANK YOU, SIR. YEAH, HE SHOOK AGAIN AT THE MIC. UM, AS FAR AS I KNOW THAT LAND PRIOR TO BEING SOLD FOR KHALIL MERE FARMS DEVELOPMENT, IT WAS A FARM, UH, AREA AND THE TREE LINE IS MY PROPERTY. I GO BEYOND THE CREEK. SO I WANT TO ENSURE, I DON'T KNOW WHERE THE FENCE IS RIGHT NOW. UH, TALKING ABOUT BEING A GOOD NEIGHBOR. MY, MY STUFF IS, IT'S A JUNGLE BACK THERE, BUT I LIKE IT THAT WAY BECAUSE I DON'T WANT THE INVASION OF OTHERS INTO MY PROPERTY. MY DAUGHTER FEELS VERY, SHE LIVES THERE FULL-TIME AND SHE FEELS VERY SAFE. HAVING IT BE A JUNGLE BACK THERE. WE'VE HAD A, BASICALLY A BREAK IN ROBBERY HAPPENED AT THE HOUSE AND WE DON'T WANT TO HAVE ANOTHER SITUATION OF THAT NATURE ARISE. I'M LETTING IT STAY THE WAY IT IS. BUT AS FAR AS I KNOW, THE TREELINE IS MY LINE. UH, SO I DON'T KNOW, UH, MAYBE IT'S WITH THE, UM, LOCAL ENGINEER, THE CITY ENGINEER, SOMEONE TO MAKE SURE THAT MY SURVEY LINE IS WHERE IT IS INTACT BECAUSE A LOT OF MY FENCE HAS BEEN CAUGHT FOR VARIOUS REASONS, NOTHING TO DO WITH ANYTHING YOU GUYS HAVE DONE, BUT JUST VARIOUS REASONS. MY FENCE LINE, MY FENCING ITSELF HAS BEEN CUT A LOT ON BOTH SIDES. AND I DON'T, I MEAN, I KNOW THAT I KNOW THE MATERIAL DESCRIPTION OF THE PROPERTY, BUT I WOULDN'T KNOW WHERE THE PHYSICAL POSTS SHOULD BE. THE SURVEY POSTS SHOULD BE, YOU KNOW WHAT I'M SAYING? IT'S LIKE, BUT I DO KNOW THAT THE TREE [02:00:01] LINES MINE. SO, UM, IT'S DISTURBING IT. I WOULD HOPE TO GOODNESS THAT NO ONE WOULD ATTEMPT TO DISTURB THAT OUT OF A LACK OF AWARENESS. I'M NOT SPEAKING HIM UP. SORRY, BUT I HAVE A LACK OF AWARENESS OF WHERE THE ACTUAL LINE IS, BECAUSE ALL I KNOW IS IT'S SQUARE AND IT'S STRAIGHT AND IT LOOKS LIKE THAT DRAWING, BUT PHYSICALLY ON, ON THE PROPERTY. I'M NOT EXACTLY SURE WHERE IT IS BASED UPON CHANGES THOUGH. GOOD. OKAY. THANK YOU. OKAY, MR. UM, JUST SO THAT YOU'RE CLEAR VISUALLY ABOUT TO THE TREE LINE, AS MS. SHOOK SAID, UM, HER PROPERTY IS LOCATED DIRECTLY SOUTH OF WHAT YOU SEE THE RED LINE IS SO DIRECTLY SOUTH OF WHAT THE, WHERE THE, UH, DETENTION BASIN IS. SO JUST A SMALL CORNER OF THIS NEW SECTION IS ALONG HER PROPERTY NOW. SO THAT'S WHERE THE TREE LINE EXTENDS OUT FURTHER. SO THERE ARE THERE'S TREES ON BOTH SIDES OF THE PROPERTY LINE AS IT GOES FURTHER TO THE EAST. AND COULD YOU POINT OUT HER PROPERTY? SORRY. CORRECT. OH YEAH. IS THERE ANYONE ELSE WISHING TO SPEAK ON THE SONY CASE? OKAY. WE'LL CLOSE THE PUBLIC OF THE ZONING CASE, EVERYBODY. GOOD TO GO. OKAY. IS THERE A MOTION TO APPROVE THE APPLICATION BY GENERATIONS CONSTRUCTION AND THE APPLICANT'S REQUEST FOR APPROVAL OF A DETAILED DEVELOPMENT PLAN FOR SECTION SIX OF THE CALENDAR YEAR FARMS DEVELOPMENT ZONING CASE 21 DASH ZERO NINE IN ACCORDANCE WITH THE RECOMMENDATIONS OF STAFF'S MEMORANDUM DATED MARCH 17TH, 2021, AND THE PLANNING COMMISSION'S DECISION RECORD ATTACHED THERE TO MOVE BY MS. THOMAS, IS THERE A SECOND, SECOND BY MR. JEFFRIES SECRETARY, WILL YOU PLEASE CALL THE ROLE? YES. MS. FARGO. YES. MR. JEFFRIES. YES. IT'S THOMAS. YES. MR. WALTON. YES. MOTION PASSES FIVE TO ZERO. WHAT IS NEXT FOR THE NEXT? UH, THE NEXT STEP WILL BE TO FINALIZE IF THERE'S ANY ENGINEERING COMMENTS AND THEN SUBMIT PERMITS. FANTASTIC. THANK YOU. NEXT ITEM ON THE AGENDA IS ADDITIONAL BUSINESS, WHICH WE HAVE NONE APPROVAL OF MINUTES. THE PLANNING COMMISSION, UH, MINUTES FROM OUR MARCH 9TH, 2021 WILL BE APPROVED. THEY ARE APPROVED, UM, REPORTS AND CALENDAR. ARE YOU MR. PHIL? FALKOWSKI WE ARE, I BELIEVE IT'S A WHAT? A THREE WEEK BREAK. UM, AND I THINK WE MAY HAVE ONE CASE THAT I'M NOT EXACTLY SURE WHAT IT IS THAT, UM, UM, SO I THINK WE JUST HAVE ONE CASE ON THE NEXT ONE. SO A MINOR CHANGE, I BELIEVE AT A, UH, UM, AN EXISTING LOTS THAT, UH, I BELIEVE ONCE SELL USED CARS WILL BE BETS. ANYTHING ELSE TO BRING BEFORE THE COMMISSION? ANYONE. OKAY, FANTASTIC. WE ARE ADJOURNED. * 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.