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[ AGENDA CITY PLANNING COMMISSION City Hall - Council Chambers 6131 Taylorsville Road December 14, 2021 6:00 P.M. ]

[00:00:09]

I SAW COLA MEETING THE CITY HUBER HEIGHTS PLANNING COMMISSION.

TO ORDER SECRETARY YOU, PLEASE CALL THE ROLL.

MR. JEFFREY'S.

MS. OFF HERE IS THOMAS PEAR, MS. MARGO HAIR HERE.

I HAVE NO OPENING REMARKS.

IS THERE ANY ON THE, UH, BY THE END OF THE OTHER COMMISSIONERS NEXT ON THE AGENDA CITIZENS' COMMENTS, THIS IS THE APPROPRIATE TIME FOR ANY CITIZENS COMMENTS, NOT PERTAINING TO THE ITEMS ON THE AGENDA.

OKAY.

WHEN WE WANT TO SWEARING A WITNESSES, I ANNOUNCED IN ACCORDANCE WITH THE RULES OF THE PLANNING COMMISSION, ANYONE WHO MAY WISH TO SPEAK OR GIVE TESTIMONY REGARDING THE ITEMS ON THE AGENDA THIS EVENING NEEDS TO BE SWORN IN.

I ASK EVERYONE TO STAND, RAISE YOUR RIGHT HAND AND RESPOND.

I DUE TO THE FOLLOWING OF, DO YOU HEREBY SWEAR OR AFFIRM ON THE THREAT OF PERJURY TO TELL THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH SO HELP YOU GOD, PLEASE BE SEATED.

ALSO ASK ANYONE WISHING TO SPEAK TONIGHT AT THE APPROPRIATE TIME TO STAND UP TO THE PODIUM SIGN IN, UH, ON THE SIGN-IN SHEET PROVIDED AND GIVE YOUR NAME.

WE HAVE NO PENDING BUSINESS, A NEW BUSINESS.

I WOULD LIKE TO ASK FOR A MOTION TO AMEND TONIGHT'S AGENDA TO MOVE ITEMS 70 TO THE BEGINNING AND REPLACED AS ITEM SEVEN, A MOVED BY MS. THOMAS SECOND BY MR. JEFFREY'S.

SECRETARY, WILL YOU PLEASE CALL THE ROLL? MS. ? YES.

MR. VARGO.

YES.

MR. JEFFRIES.

YES.

MS. THOMAS.

YES.

MR. WALL.

YES.

MOTION PASSES FIVE TO ZERO.

SO THE FIRST ITEM ON THE AGENDA IS A MINOR CHANGE.

THE APPLICANT CAP SIGNS IS REQUESTING APPROVAL OF A MINOR CHANGE FOR SIGNAGE FOR PROPERTY AT 61 70 BRANT PIKE ZONING CASE 2148.

MR. FOSTER.

THANK YOU, SIR.

AND GOOD EVENING.

AND DID I USE THE OTHER MEETING FOR MY FIRST, THE PROPOSAL BEFORE PLANNING COMMISSION THIS EVENING CALLS FOR THE ALTERATION OF THE EXISTING GROUND SIGN, UH, AT THE SOUTH OF THE ENTRANCE DRIVE AT MARION LANES BOWLING ALLEY, THE EXISTING GROUND SIGN THAT YOU SEE ON THE LEFT ON THE BIG SCREEN IS 150 TOTAL SQUARE FEET IN 21 AND A HALF FEET TALL.

CURRENT, THE PROPOSED ALTERATION WOULD BRING THE TOTAL SQUARE FOOTAGE DOWN TO 99 AND THE OVERALL HEIGHT TO 11, UH, PER, UH, THE REGULAR ZONING CODE SECTION 11 87 0 7.

UH, STRUCTURAL CHANGES CAN BE MADE TO ASSIGN AS LONG AS IT BECOMES LESS NON-UNIFORM.

IF THIS WERE A STRAIGHT ZONE PROPERTY, IN THIS CASE, IT DOES HAVE TO COME BEFORE THE COMMISSION.

NO LANDSCAPING IS SHOWN ON THE DRAWINGS.

STAFF WOULD RECOMMEND THAT LANDSCAPE, UH, V PLACED BENEATH THE SIGN, EQUALING THE AREA OF THE SIGN FACE, WHICH WOULD MEET THE STANDARD ZONING CODE.

UH, THIS REQUEST ALSO CONFORMS WITH THE BRAND PIKE REVITALIZATION PLAN, UH, IN AN EFFORT TO REVITALIZE THAT PARTICULAR AREA.

UH, I DON'T KNOW IF THE APPLICANT IS PRESENT FOR COMMENT OR QUESTION, BUT I WILL BE, HE IS PRESENT, UH, FOR QUESTION AND COMMENT AND I WILL BE HAPPY TO ANSWER ANY QUESTIONS, ANY QUESTIONS FOR STAFF, MR. JEFFRIES? JUST A CLARIFICATION.

I THINK YOU JUST SAID, IF THIS WAS, IF THIS WAS STRAY ZONE, THEY WOULDN'T EVEN HAVE TO COME ASK FOR APPROVAL BECAUSE IT'S BECOMING MORE CONFORMING, CORRECT? THAT IS CORRECT.

ANY OTHER QUESTIONS FOR STAFF? WE'LL OPEN IT UP TO THE PUBLIC.

ANYONE WISHING TO SPEAK FOR THE APPLICANT, DAVID WILLIAMS CAP SIGNS.

I AM THE APPLICANT.

THANK YOU, COMMITTEE CHAIR FOR MOVING ME FORWARD BECAUSE IT LOOKS LIKE YOU'RE GOING TO HAVE A BUSY NIGHT, RIGHT? UM, THE ONLY REASON WHY WE'RE GOING FOR AN 11 FOOT HEIGHT IS BECAUSE OF SOUTHBOUND TRAFFIC.

THE GRADE IS MUCH HIGHER, SOUTHBOUND ON BRAND, AND YOU WOULD NOT BE ABLE TO SEE THE SIGN AT THE SIX FOOT HEIGHT.

SO WE'RE REQUESTING 11 FOOT HEIGHT OVERALL.

SO THAT LINE OF SIGHT IS BETTER FOR TRAFFIC AND THAT'S BASICALLY IT, EVERYTHING ELSE WORKING FOR ME.

GREAT.

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

THOMAS, WILL YOU BE ADDING LANDSCAPE? I'M SURE.

MR. POLKEY WON'T HAVE A PROBLEM DOING THAT.

HE PRETTY PRETTY COMMUNITY ORIENTED, SO I NOT, I CAN SPEAK FOR THE, FOR THE END USER AND I WOULD SAY 99% SURE THAT HE WOULD, IF THAT'S, IF THAT'S SOMETHING THAT

[00:05:01]

IS UPON APPROVAL, HE WOULD SAY, YES, HE'LL DO THAT IMMEDIATELY.

THAT WOULDN'T BE A PROBLEM.

OKAY.

OKAY.

NOW I AGREE WITH STAFF.

I THINK IT NEEDS LANDSCAPING OR SOMETHING TO, YEAH, I DON'T, I DON'T THINK THAT'S A PROBLEM.

I THINK IT'S IN THE RECOMMENDED UPON APPROVAL.

OKAY.

I HAVE A QUESTION ON, UM, THE, THE GREAT PART, THE PEDESTAL PART OF THE SIGN.

YES.

MA'AM.

WHAT IS THAT HEIGHT BEFORE YOU START THE SIGN? GOOD QUESTION.

LET ME PULL MY DRAWINGS OUT.

LET'S SEE HERE.

IT'S FIVE FEET, FIVE FEET, TWO INCHES.

SO 62 INCHES.

THANK YOU.

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

OKAY, THANK YOU.

IS THERE ANYONE ELSE WISHING TO SPEAK ON THIS CASE? I'LL CLOSE THE PUBLIC PORTION OF ZONING CASE.

YOU'RE ALL GOOD.

OKAY.

IS THERE A MOTION TO APPROVE THE APPLICATION BY CAP SIGNS FOR APPROVAL, FOR A MINOR CHANGE FOR SIGNAGE FOR MARION LANE ZONING CASE 21 DASH 48 IN ACCORDANCE WITH THE RECOMMENDATIONS OF STAFF'S MEMORANDUM DATED DECEMBER 1ST, 2021 AND THE PLANNING COMMISSION'S DECISION RECORD ATTACHED TO THERE TO MOVE BY MS. THOMAS, IS THERE A SECOND IF I MISS THAT SECRETARY, PLEASE CALL THE ROLL AS FAR AGO.

NO.

MR. JEFFRIES? YES.

MS. THOMAS.

YES.

MS. OP, YES.

MR. WALTON.

YES.

MOTION PASSES FOUR TO ONE.

WHAT'S NEXT FOR THE APP.

UH, THE NEXT STEP WOULD BE PERMIT FROM THE ZONING DEPARTMENT.

VERY GOOD.

THANK YOU.

THANK YOU.

NEXT ITEM.

UNDER NEW BUSINESS IS A MAJOR CHANGE.

THE APPLICANT KERMAN.

UM, I APOLOGIZE FOR NOT BEING ABLE TO PRONOUNCE YOUR LAST NAME IS REQUESTING A MINOR CHANGE, THE BASIC AND THE DETAILED DEVELOPMENT PLAN AND A PLAN COMMERCIAL DISTRICT FOR 2.55 ACRES AT 58 40 OLD TROY PIKE, ZONING CASE 21 DASH 45 FOR FOSTER.

THANK YOU, SIR.

UH, THE PROPOSAL BEFORE PLANNING COMMISSION, THIS EVENING CALLS FOR THE REUSE OF THE PROPERTY AT 58 40 OLD TROY PIKE.

FOR THE PURPOSE OF THE SALE OF USED CARS, BUILDING ITSELF IS CONSTRUCTED OF PAINTED BLOCK.

IT DOES HAVE A ROLL UP DOORS ON EITHER END.

THERE ARE NO IMPROVEMENTS TO THE BUILDING THAT WERE SUBMITTED ON THE DRAWINGS.

THERE IS NO DUMPSTER ENCLOSURE PRESENT ON THE PROPERTY NOR IS ONE PROPOSED.

UH, THE PROPOSAL ALSO CALLS FOR THE USE OF THE EXISTING CURB CUT ON OLD TROY PIKE TO ACCESS THE PROPERTY.

THERE IS A MODIFICATION TO AN INTERNAL CUT THAT THAT IS WITHIN THE BOUNDARIES OF THE PROPERTY.

UH, AND IT IS GOES ALONG WITH THE ADDITIONAL PAVEMENT THAT YOU SEE ON YOUR SCREEN.

IT'S THE DARKER SECTION ON THE LEFT OF THE DRAWING THAT PER THE DRAWING IS GOING TO BE USED FOR THE SHOW OF THE AUTOMOBILES OR THE PROPERTY WILL BE SERVICED BY PUBLIC WATER AND SANITARY SEWER.

THAT'S ALREADY EXISTING ON THE SITE.

STORM DRAINAGE IS TO BE COLLECTED THROUGH THE CATCH BASINS THAT ARE SITE AND THE STORM SEWER AND ROUTING IT TO THE PUBLIC SYSTEM IN THE RIGHT OF WAY.

A LANDSCAPE BUFFER IS PRESENT ALONG A PORTION OF THE NORTHERN PROPERTY LINE.

UH, BUT NO NEW LANDSCAPING, UH, HAS BEEN PROPOSED, UH, ON THIS DRAWING.

THERE ARE NO SIGN MODIFICATIONS PROPOSED AND FOR THIS PROPOSAL PLANNING COMMISSION, UH, WE'LL BE MAKING A RECOMMENDATION, UH, TO CITY COUNCIL TO BE HEARD AT THE NEXT COUNCIL WORK SESSION.

AND I WILL BE HAPPY TO ANSWER ANY QUESTIONS AND I, EXCUSE ME, CHAIRMAN ACTUALLY I FUTURE COUNCIL WORK SESSION, NOT NECESSARILY THE NEXT, THANK YOU, MS. FARGO.

IS IT CORRECT THAT IF THEY USE THE EXISTING SIGN, THAT THEY DON'T HAVE TO MAKE A CHANGE, THAT IS CORRECT.

THEY RE FACE OF THE CURRENT SIGN WOULD BE LEGAL WITHIN THE ZONING CODE.

ANY OTHER QUESTIONS FROM STAFF? UM, YES, I'M, I'M REALLY UNCLEAR ABOUT THE GRASSY AREA THAT WILL BE TURNED INTO A PARKING LOT.

UH, I LOOKED AT THE MAP AND I LOOKED AT THE PHOTOS, BUT I'M STILL NOT REAL

[00:10:01]

SURE EXACTLY WHERE THAT'S GOING TO BE.

IS THERE SOME WAY YOU CAN SHOW US ON, ON, WELL, UNFORTUNATELY I DON'T HAVE THAT DRAWING.

I CAN GO BACK HERE.

SO ON THE PICTURE, ON THE LEFT, UM, BASED ON THE PLAN THAT WAS GIVEN THAT IT JUST HAD ON THE BIG SCREEN, THE PAVED AREA WILL, AND HOPEFULLY I CAN GO BACK AND FORTH HERE WITHOUT CAUSING TOO MUCH CONFUSION.

YOU SEE THE DARK GRAY AREA ON THE SCREEN.

THAT WOULD BE ON THE LEFT SIDE.

THAT'S THE ADDED PAVEMENT, THERE'S A SMALL CUTOUT, THAT'S WHITE AND I CAN DO THIS.

UM, AND WE MADE THAT.

SO OF COURSE IT'S NOT GOING TO SHOW UP BECAUSE IT'S RIGHT THERE.

SO IF YOU DON'T MIND HOLDING THAT UP THERE FOR THE COMMISSIONERS TO SEE, SO THE DARKER AREAS, THEN YOU PAVEMENT ALONG, WHAT WOULD BE THE WESTERN PROPERTY LINE AND A PORTION OF THE NORTHERN PROPERTY LINE, THE WHITE CUTOUT THAT YOU SEE THERE IS WHERE THE GROUND SIDE IS.

UH, THERE IS A SIDEWALK JUST TO THE WEST OF THE BROWN SIDE.

YOU CAN SEE IT IN THE PICTURE THERE.

RIGHT? WELL, CAN YOU SHOW ME ON THE MAP WHERE THE SIDEWALK IS? OKAY.

SO WHAT IS THE OTHER BETWEEN THE SIDEWALK AND THE, OR THE COURT YOU HAVE THE CARS, ALL OF THAT, THAT, THAT AREA.

WHAT IS, WHAT IS THAT? THERE WILL BE SOME GRASS AREA.

CAN YOU TELL ME THE MEASUREMENTS? WHAT IS THE MEASUREMENT REALLY THAT MUCH INSIDE OF THE SIDEWALK? TWENTY-FIVE FEET.

OKAY.

THANK YOU VERY MUCH.

UM, HOW FAR DOES IT GO TOWARDS THE FUNERAL HOME, YOUR FRONT PORTION OF THAT, WHERE YOU HAD THAT CARS ON VIEW LOOKS LIKE IT'S GOING REALLY FAR OVER, TALKING ABOUT THE PROPERTY.

YES.

YES.

IT'S SIX FEET FROM THE PROPERTY LINE.

YEAH.

ANY OTHER QUESTIONS? YES.

I'M SORRY.

WHAT ARE YOU DOING AT THE BACK OF THE BUILDING? UM, ARE YOU DOING ANYTHING BACK THERE? WELL, LET'S, LET'S WAIT TILL WE BRING HIM UP.

OH, OKAY.

THAT'S FINE.

YEAH.

OKAY.

MR. JEFFERY'S.

SO W PARDON ME, HE HAD JUST MENTIONED THAT SIX FEET FROM THE PROPERTY LINE TO THE FUNERAL.

HOME WAS LIKE SEVEN, SIX OR SEVEN CODE IS 15 THOUGH IN COMMERCIAL, RIGHT? FOR THE BUILDING SETBACK FOR THE BUILDING SETBACK, IT WOULD BE THAT FOR PAVEMENT, THAT THERE'S NO SPECIFIC NUMBER.

THERE IS A RECOMMENDED NUMBER BY THE CITY ENGINEER IN THIS CASE, IT TYPICALLY AROUND FIVE FEET FOR COMMERCIAL, JUST FOR WATER RUNOFF PURPOSES.

OKAY.

AND THEN ON THE, UM, PREVIOUS APPROVAL, SINCE THIS WAS APPROVED, AT SOME POINT, WHAT, WHAT DO WE KNOW ABOUT THE SETBACKS AND THE BUFFERING? AND THERE'S SOME STUFF MENTIONED IN A LETTER SUBMITTED.

SURE.

SO I DID GO BACK AND CHECK THAT UNFORTUNATELY, THOSE RECORDS WERE NOT AS COMPLETE AS I WAS HOPING.

UM, BUT THERE WAS A BUFFER REQUIRED.

UH, AT THAT TIME IT SAYS LANDSCAPE BUFFER REQUIRED.

IT DID NOT HAVE A MAP SHOWING WHERE THAT BUFFER SHOULD BE.

THERE IS A BUFFER THERE, UH, IT COVERS THE BUILDING BASICALLY WOULD NOT EXTEND OUT INTO WHAT THE NEW PAVED AREA WOULD BE.

UM, THE SETBACKS WERE MET, UH, YOU KNOW, PER THE ZONING CODE AT THAT TIME.

SO UNFORTUNATELY THERE WAS NOT A LOT OF INFORMATION IN THAT RECORD TO WORK OFF OF.

WOULD IT BE SAFE TO ASSUME THAT SINCE I DO ASSUME THINGS, BUT GIVEN THE LIMITED RECORDS THAT WE'RE ABLE TO FIND THAT IT WAS BUILT TO THE AGREED UPON BUFFERS AND SETBACKS AT THAT TIME THEN, SO THE WAY IT IS BUILT, AS FAR AS THE SETBACK AND BUFFERING AND GREEN SPACES, THE ORIGINALLY AGREED UPON SPACING.

I, I WOULD HAVE TO LEAN THAT DIRECTION.

YES.

ANY OTHER QUESTIONS FOR STAFF AT THE, I, I, WE DID THAT, WOULD, THAT NEED TO BE ADDED TO, YEAH.

ANY, ANY

[00:15:01]

THING THAT THE COMMISSION CHOOSES TO ADD TO THE DECISION RECORD? I CAN ADD THE SEASONING 'CAUSE I THINK THAT'S REALLY IMPORTANT POINTS THAT YOU MADE THERE THAT SINCE IT WAS ALREADY IN PAST RECORDS AND WAS NEVER DONE, THAT WE SHOULD MAKE SURE THAT IF THAT'S WHAT WE WOULD LIKE, THAT IT'S GOING TO BE DONE THIS TIME.

WELL, WHAT I COULD FIND IN THOSE PAST RECORDS WAS DONE.

WHAT WAS DONE IS, IS, IS THE CURRENT STATE OF THE PROPERTY.

THERE'S NO LANDSCAPE IN THERE.

THERE'S A LANDSCAPE BUFFER AT THE BUILDING, NOT AT THE PARKING LOT BEYOND THE BUILDING TO THE WEST.

SO TOWARD OLD TROY PIKE NOW, UNFORTUNATELY THERE'S NO MAP OR DRAWING FROM THOSE RECORDS THAT WOULD INDICATE WHETHER THAT BUFFER WAS COMPLETED AT THE TIME OF THAT APPROVAL, OR, UM, AT ANY POINT BEYOND THAT, UM, SHOULD PLANNING COMMISSION MAKE A RECOMMENDATION THAT IT NEVER SHOULD BE EXTENDED FURTHER BEYOND THE BUILDING.

THAT IS SOMETHING THAT COULD BE ADDED TO THE DECISION MR. JEFFERS IN THE, UH, IN THE APPLICATION.

I MEAN, WITH THE CLEANSE FOR THE EXTRA PAVEMENT, ARE THERE PLANS TO FIX, I GUESS THE BEST WAY TO PUT THE REST OF THE PAVEMENT IN THE BLOCK THAT WAS NOT SUBMITTED IN THE DRUGS? HAVE WE LOOKED AT IT FROM A ZONING STANDPOINT TO SEE, I MEAN, IT LOOKS LIKE IT'S IN SOME DISREPAIR, I CAN'T SPEAK TO WHAT'S THE ZONING DEPARTMENT HAS LOOKED AT.

UM, I CAN SAY THAT FROM A PLANNING PERSPECTIVE, I HAVE NOT LOOKED AT IT IN ITS CURRENT STATE REGARDING WHAT MAY BE IS ZONING VIOLATION OR NOT.

UM, I DID VISIT THE PROPERTY.

I TOOK THOSE PICTURES THAT YOU SAW ON THE SCREEN.

UM, THAT IS SOMETHING IF THE COMMISSION WISH TO, COULD ADD TO THE DECISION RECORD AS WELL, I WOULD SAY I'VE GOT CONCERNS OF EXPANDING FURTHER FORWARD IF THERE WAS AN AGREEMENT.

I MEAN, I'D BE CURIOUS TO KNOW WHAT OUR THOUGHTS ARE AS FAR AS THE, THE CITY WOULD THINK ON THAT.

I MEAN, IF THE AGREEMENT WAS IN PLACE, BASED ON THE LETTER FROM YEARS AGO, AND IF IT WAS BUILT TO THE ORIGINAL AGREED UPON PUD, WHICH WE'VE RUN INTO THIS ON SOME OTHER OLDER PUD, THAT IT JUST, THIS IS THE WAY IT WAS.

SURE.

SO IF THE APPROVED PUD OR PLAN COMMERCIAL IS THE WAY IT IS, I WOULD ASSUME IT'S THERE FOR A REASON.

IF WE'RE GOING TO POUR NEW PAVEMENT, I WOULD RATHER SEE THE OLD PAVEMENT LOOK BETTER THAN IT DOES AT THAT POINT.

AND, UH, AND I THINK I SAW SOMETHING IN THE DECISION RECORD, UH, NO SERVICING OF VEHICLES, SO NO SERVICE CENTER.

YEAH.

THAT, THAT WAS SOMETHING THAT I ADDED BECAUSE THERE WAS NO ADDITIONAL INFORMATION ON CLAN REGARDING THE SERVICE OF VEHICLES, UH, OIL CHANGES, THINGS OF THAT NATURE.

UM, YOU KNOW, I DECIDED THAT, YOU KNOW, THE APPLICATION WAS FOR THE SALE OF VEHICLES, NON FOR THE SERVICE OF VEHICLES.

HENCE THE ADDITION TO THE DECISION RECORD OF NO SERVICE VEHICLES, UNLESS OF COURSE, PLANNING COMMISSION DECIDED TO MAKE THAT CHANGE OR MAKE THAT RECOMMENDATION, I SHOULD SAY.

COOL.

ANY OTHER QUESTIONS FOR STAFF? SO OPENING UP TO THE PUBLIC.

IS THERE ANYONE WISHING TO SPEAK FOR THE APPLICANT? HELLO, MY NAME'S OSMAN CALIPH.

I'M IN SUN.

UH, I'M GOING DO THE SPEAKING FOR HIM CAUSE HE CAN'T SPEAK GOOD ENGLISH, SO I'LL BE TRANSLATING STUFF, EVERYTHING HE SAYS TO ME.

SURE.

SO YES.

OKAY.

ANY QUESTIONS FOR THE APPLICANT? DO YOU PLAN TO RESTART PLUS ANY? YEAH.

YEAH.

UM, WE RECENTLY JUST BOUGHT THE PROPERTY AND UH, WE HAVEN'T REALLY HAD THE TIME TO, YOU KNOW, FIX IT UP MUCH, BUT WE HAVE A PLAN TO, UH, YOU KNOW, FIX UP THE PAYMENT, YOU KNOW, PUT SOME, UH, ASPHALT AND STUFF.

AND YOU ASK, WELL, ALONG WITH THE NEW, UH, EXTENDED, UH, CONCRETE AS WELL.

SO, SO THE ENTIRE LOT WILL BE RESURFACED PRIOR TO OPENING ANY OTHER QUESTIONS FOR THE APPLICANT, MR. JEFFRIES? UH, ANY, ANY THOUGHTS OR NUMBERS AS FAR AS INVENTORY AND PARKING THAT YOU PLAN TO HAVE ASSUMING YOU PLAN TO NEED THE ADDITIONAL SPACE FORWARD? OR IS THIS BASED ON ANYTHING IN PARTICULAR? LIKE, UH, LIKE HOW MANY CARS I'M TRYING TO FIT IN? UM, ALL THE CARS, UH, I HAD THE, MY ENGINEERING, UH, PUT THEM IN, IN LIKE, UH, THE BAG IS JUST FOR LIKE THE EXTRA STORAGE, YOU KNOW, I WANT TO PUT THAT IN THERE TOO.

SO IT INDICATES HOW MANY CARS ARE GOING TO BE IN THERE, BUT A TOTAL OF, YEAH.

UH, I BELIEVE IT'S LIKE AROUND 30 TO 40, BUT

[00:20:01]

YEAH, SURE.

I JUST WANTED TO BE SURE THAT THERE'S ENOUGH ROOM FOR PARKING FOR THE INVENTORY PLUS VISITORS PLUS STAFF SO THAT PEOPLE AREN'T PARKING IN NEIGHBORS.

THAT'S WHY I ALSO WANT IT TO, SORRY TO CUT YOU OFF.

SORRY.

THAT'S WHY I ALSO WANT TO EXTEND THE FRONT, YOU KNOW, SO I COULD PUT MORE CARS IN, SO IT HAS SOME ROOM IN THE FRONT OF THE BUILDING TO HAVE SOME PARKING SPACE.

SO IT'S NOT JUST ALL SALES CARS.

AND THEN WHAT ABOUT AS FAR AS ANYTHING AROUND SECURITY LIGHTING, ANYTHING LIKE THAT SINCE THERE WOULD BE VEHICLES AND INVENTORY OVERNIGHT WHERE RIGHT NOW NOTHING GETS LEFT OVERNIGHT, CORRECT? YEAH.

UH, WE, UH, PLANNED TO HAVE A, UM, ANOTHER LIGHT TOWARDS THE BOTTOM SIDE IF THAT'S ALLOWED, BUT THERE'S ALSO LIGHTS ON THE, UH, NEAR THE PROPERTY LINE ON NEXT TO THE FUNERAL HOME.

SO IT GIVES US A GOOD AMOUNT OF LIGHT TO ALSO HONOR ON THE BUILDING ATTACHED AS WELL.

THERE'S A LOT OF LIGHTS.

SO IT GETS PRETTY LIT UP DURING THE NIGHT.

YOU GOT OTHER QUESTIONS FOR THE APPLICANT, SORRY.

YES.

UM, WITH THE BUILDING THAT GOES WITH, WITH PROPERTY, UH, I MEAN YOUR PROPERTY GOES ALL STRAIGHT BACK.

RIGHT.

ARE YOU GOING TO BE DOING ANY WORK ON THE VEHICLES? UM, YOU KNOW, ANY WARRANTY WORK, ANY, UM, PREP WORK OR WHAT, WHAT'S YOUR PLANS FOR THE BUILDING? FOR THE BUILDING? UM, YEAH.

UH, OKAY.

OKAY.

UM, MY DAD'S SAYING THAT, UH, HE DOES WANT TO USE THE GARAGE BAYS AND STUFF FOR LIKE SERVICE OF CARS SINCE WE ARE HAVING USED CARS AND STUFF.

UH, MAYBE GET THEM FROM AUCTION, FIXED IT UP AND PUT THEM UP FOR SALE.

UM, YOU KNOW, AND ALSO HAVE LIKE, UH, FOR THE CUSTOMERS, LIKE JUST IN CASE, UH, GIVE THEM WARRANTIES, IF ANYTHING GOES WRONG, WE CAN FIX IT UP FOR THEM AS WELL.

YOU KNOW, THAT'S WHAT WE WANT TO USE THE BUILDING FOR.

OKAY.

YOU'RE NOT CHANGING THE BUILDING IN ANY WAY? UM, NO, AS FOR NOW, NO.

OKAY.

AND THAT'S THE ONLY QUESTION I HAVE QUESTIONS FOR THE APPLICANT.

UM, I DON'T KNOW WHAT THIS IS FOR APPLICANT OR FOR STAFF, BUT IT WAS JUST MENTIONED THAT THIS WILL BE A SALES ONLY, AND NOW YOU'RE INDICATING YOU WANT TO DO SERVICE.

SO THIS PLAN WAS SUBMITTED AS SALES, NOT SALES AND SERVICE, I BELIEVE.

UH, WELL, THE BUILDING WAS ALREADY A NEED FOR LIKE CAR SERVICE, I BELIEVE.

UM, IT WAS A DETAIL SHOP.

YES.

DETAILED SHOP.

UM, BUT WE WANT TO ALSO USE IT FOR LIKE SERVICES BECAUSE IT'S ALREADY THERE.

SO WHY IT IS MIGHT AS WELL USE IT FOR THAT PURPOSE AS WELL.

UM, I'M NOT MAKING ANY CHANGES TO THE BUILDING OR ANYTHING LIKE THAT.

I'M JUST GONNA, YOU KNOW, I DON'T, I'M NOT GOING TO PUT ANY LIFTS IN THERE JUST LIKE MINOR CHANGES ON THE CAR, LIKE, YOU KNOW, LITTLE ACCIDENTS AND STUFF JUST TO FIX THOSE UP, YOU KNOW, NOTHING, ANYTHING MAJOR.

SO I GUESS THE QUESTION WOULD GET BACK TO YOU THEN JASON, WHAT IS IT, HOW DO WE MOVE FORWARD? BECAUSE IT'S, IT WAS PRESENTED THAT AS A SALES FACILITY, NOT SALES AND SERVICE, THAT IS CORRECT.

SO THERE WAS NO INDICATION ON THE APPLICATION OR THE DRAWING THAT THEY WOULD BE SERVICING OF VEHICLES, THE PREVIOUS USE OF A DETAIL SHOP.

AND PRIOR TO THAT, THERE WAS IN FACT IN THE OIL MOVE AND FILTER BUSINESS THERE.

NOW THOSE WERE SEPARATE APPROVALS.

UM, ANYTIME THERE'S A NEW, NEW APPLICATION, A NEW APPROVAL IS REQUIRED AND WHATEVER THE USE IS INTENDED TO BE, UM, SHOULD HAVE, IN MY OPINION, SPELLED THAT OUT, UH, IN THIS CASE, IT WAS FOR THE SALES.

HENCE WHY I ADDED IN THE NO SERVICING SHOULD PLANNING COMMISSION CHOOSE.

YOU HAVE THE ABILITY TO SCRATCH THAT FROM THE DECISION RECORD, THAT'S YOUR DISCRETION.

UM, AND THEN WHATEVER RECOMMENDATIONS YOU CHOOSE TO ADD WILL THEN BE PRESENTED TO CITY COUNCIL.

THANK YOU, JASON.

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

IS THERE ANYONE ELSE WISHING TO SPEAK ON THIS? ANY CASE? UM, MY NAME'S GARY HELLER, I'M THE OWNER OF THE FUNERAL HOME NEXT DOOR.

AND WE'VE BEEN THERE SINCE 1982.

AND WHEN I SAW THE APPLICATION, I JUST HAD A LOT OF CONCERNS, A LOT OF QUESTIONS ABOUT WHAT IT'S GOING TO BE USED FOR, UH, YEARS AGO, WHEN THIS WAS ESTABLISHED, WE ACTUALLY WORKED WITH RON AND THE CITY AND THINGS LIKE THAT ON SETBACKS FROM THE STREET.

SO THERE WAS A LOT

[00:25:01]

OF VISIBILITY IN THE AREA, THINGS LIKE THAT, AND WAS EXPANDING OUT THAT FAR WHERE I'M A LITTLE CONCERNED ABOUT PEOPLE ENTERING AND GOING IN AND OUT OF THE FUNERAL HOME.

AND PRE-SESSIONS LEAVING.

WE DON'T ALWAYS HAVE A MOTORCYCLE ESCORT DEPENDING ON THE WEATHER AND THINGS LIKE THAT.

SO I'M CONCERNED ABOUT THE TRAFFIC IN THAT AREA WITH LINE OF SIGHT, BASICALLY.

UM, THAT WAS A BIG FACTOR THAT THE NOISE IS A BIG FACTOR FOR US.

UH, THE OIL LOOP PLACE WAS VERY QUIET ACTUALLY WHEN RON OPENED THAT UP, HE EVEN PUT DAMPENING BOXES AROUND THE VACUUMS SO NOBODY COULD HEAR ANY NOISE.

KNOW THEY'D BEEN, THEY WERE VERY GOOD NEIGHBORS.

UM, DETAIL HAS BEEN VERY QUIET TOO.

SO WE'RE WORRIED ABOUT WHEN PEOPLE COME TO THE FUNERAL HOME, THEY EXPECT A QUIET PLACE FOR THEIR LOVED ONES.

AND I'M WORRIED ABOUT A LOT OF NOISE COMING FROM THE PROPERTY, AFFECTING THE FUNERAL HOME, UH, THAT'LL AFFECT OUR BUSINESS DIRECTLY, BASICALLY.

UM, THE BUMPER AREA.

IT WAS NEVER REALLY MAINTAINED.

I CAN TELL YOU THAT WE'VE MET WITH RON SEVERAL TIMES.

UM, IT WAS SUPPOSED TO BE TREES AND BUSHES AND THINGS LIKE THAT.

AND OVER THE YEARS THE BUSHES DIED, HIS TREES ARE STILL THERE, BUT OUR TREES WERE DOWN THROUGH THERE TOO.

AND THEY ASH BORES GOT HIM.

SO NOW WE HAVE PART OF A HEDGE LIFE THAT WE'RE GOING TO ACTUALLY ON OUR SECTION REDO, BUT WE'RE WORRIED ABOUT IN HIS LINE OF SIGHT AND HOW THINGS WOULD LOOK IF THEIR COMPANY IS LOOKING AT JUST A LOT OF CARS.

I WENT TO A LOT OF USED CARLOS RECENTLY, I'M JUST CONCERNED ABOUT HEIGHTS AND VEHICLES, TYPES OF VEHICLES.

YOU KNOW WHAT THIS IS GOING TO LOOK LIKE IN OUR HUBRIS COMMUNITY.

SO THAT WAS WHERE MY BIGGEST CONCERN JUST IN VARYING PLEAD FOR A PUD OF LIGHTING AND DRAINAGE.

AND OUR FUNERAL WAS PUT IN THERE IN 1982.

AND SO UNFORTUNATE OUR PROPERTY DRAINS EVERYWHERE NOW TOWARDS THE NEIGHBORS.

AND WE DO GET FLOODING AREAS.

IF THEY PAY MORE, I DON'T KNOW WHAT THAT'S GOING TO DO TO THE AREA THERE.

SO JUST A LOT CONCERNS ON HOW THIS WOULD AFFECT THINGS.

ANY QUESTIONS? THANK YOU, SIR.

ALL RIGHT.

THANK YOU.

ARE YOU SURE CAN.

OKAY.

UH, YOU SAID YOU'RE WORRIED ABOUT A LOT OF NOISE.

WHAT KIND OF NOISE ARE YOURS? UH, PEOPLE WORKING ON CARS.

I MEAN, SOMETIMES WE CAN HEAR THE MIDAS DOWN THE STREET WHEN THEY USE AIR WRENCHES TO TAKE ON OFF TIRES, THINGS LIKE THAT.

SO IF THERE'S A LOT OF NOISE AND WE'RE TRYING TO HAVE A FUNERAL SERVICE, THAT COULD BE A BIG ISSUE.

ONCE WE HAVE AN APARTMENT THERE THAT PEOPLE LIVE IN AND THERE'S APARTMENTS BEHIND THE PROPERTY TOO.

UH, BUT YOU HAD CARS GOING IN AND OUT TO THE PRIOR BUSINESS.

HOW IS THIS DIFFERENT? UH, I MEAN, THE WATERLOO WAS VERY QUIET.

THERE WAS NO REALLY WORKING ON CARS.

IT WAS CHANGING THE OIL, PUTTING A NEW FILTER ON AND THEY WERE OUT THE DOOR.

THERE WAS NOT REALLY NOISE AS FARGO.

WELL, I BELIEVE THIS APPLICATION IS FOR SALES ONLY.

RIGHT.

BUT THEN THEY JUST WERE TALKING EARLIER ABOUT WORKING ON CARS THERE.

SO THAT'S, THAT'S A CONCERN OF OURS.

OKAY.

OKAY.

THANK YOU.

ANYBODY ELSE? THANK YOU.

THANK YOU.

ANYONE ELSE? WISHING TO SPEAK ON THIS ZONING CASE? OKAY.

HEARING NONE.

WE'LL GO BACK.

UM, I'M A LITTLE CONCERNED AS FAR AS THE LANDSCAPE AREA HERE, AS FAR AS NOT KNOWING EXACTLY WHAT SHOULD BE THERE VERSUS WHAT IS THERE NOW, UM, ALSO WITH, IF THAT LANDSCAPE AREA WAS TO, WAS TO HAVE BEEN, OR SHOULD HAVE BEEN EXTENDED TO PRETTY MUCH THE FRONT OF THE PROPERTY, THAT'S GOING TO ELIMINATE, UH, ACCORDING TO HIS DRAWINGS, PROBABLY THREE SPACES FOR CARS.

UH, I'M KINDA INTERESTED TO FIND OUT, AND I'M NOT QUITE SURE IF TONIGHT'S THE NIGHT TO DO THAT.

UM, WHAT, UH, WHAT THE, WHAT THE POTENTIAL OWNERS ARE GOING TO FEEL ABOUT, UH, HAVING TO DEVELOP THAT LANDSCAPE ON, DOWN TOWARDS THE STREET ITSELF.

HOW DOES EVERYONE ELSE FEEL ABOUT THAT? THAT'S SOME ADDITIONAL INFORMATION.

I AGREE.

I THINK, AND THE SECOND ONE IS, UM, IF, IF WHATEVER REASON THEY THOUGHT THAT THIS WAS JUST FOR SALES IN THE BEGINNING AND OUT SALES AND MAINTENANCE, WE NEED TO KNOW EXACTLY WHICH WAY THEY WANT TO GO WITH THAT.

AND UNDERSTOOD, SIR, I ALSO HAVE A CONCERN ABOUT THE SIGNAGE, YOU KNOW, THE, THAT THIS WERE GREEN, AS I UNDERSTAND WHAT THE FACT THAT THE SIGN IS NOT IN COMPLIANCE, THAT IF THEY CHANGE IT IN ANY WAY, YOU KNOW, LIKE IT'S CHANGING, IT MEANS JUST PUTTING THEIR OWN LOGO UP.

THERE IS THAT CAUSE FOR US TO ASK FOR NO.

SO A, AN EXISTING NON-CONFORMING SIGN, WHICH THIS PARTICULAR SIGN WOULD BE BECAUSE OF ITS OVERALL HEIGHT CAN BE RE FACED WITHOUT COMING BEFORE PLANNING COMMISSION.

THAT IS SIMPLY A ZONING PERMIT.

IF THEY WERE ALTERING THE SIGN IN SOME WAY, UM, TO TRY AND MAKE THEM LARGER THAN THAT WOULD REQUIRE PLANNING COMMISSION APPROVAL.

IF THEY WERE ALTERING IT TO MAKE IT SMALLER, WE WOULD STILL, BECAUSE IT IS ZONE PLAN COMMERCIAL REQUIRE THEM TO COME TO PLAY IN THE COMMISSION AGAIN, THOUGH FROM

[00:30:01]

MY EARLIER COMMENT ON THE, UH, PREVIOUS CASE, UH, IF IT WERE STRAIGHT ZONED AND THEY WERE MAKING IT LESS NON-CONFORMING IT WOULD NOT REQUIRE APPROVAL.

IT WOULD JUST BE A SIMPLE PERMIT.

OKAY.

JASON, I, ONE OTHER THING, UM, I NOTICED THAT IN THE, IN THE RECORDS HERE, IT WAS INDICATING NO DUMPSTER AREA.

UM, SO IF IT'S, I MEAN, IF IT'S SIMPLY JUST, UH, YOU KNOW, SALES PROBABLY LESS TRASH, BUT IF IT'S, IF IT'S TRYING TO GO TO SALES AND SERVICE, WE PROBABLY NEED TO HAVE SOME IDEA OF WHERE THE WASTE IS GOING TO GO AND THE STORAGE OF THAT AND WHERE THE DUMPSTER WOULD FIT AND WILL IT BE GATED? THAT KIND OF STUFF.

UNDERSTOOD QUESTION, MR. JEFFERS.

SO I GUESS AT THIS POINT, I MEAN, IF WE, I MEAN, WE HAVE QUESTIONS ABOUT WHAT IS GOING TO BE DONE AS FAR AS SERVICING A RESURFACING QUESTION ABOUT THE LIGHTING, THEY PLAN TO ADD THE DUMPSTER AND LOCATION AND ENCLOSURE.

SO WOULD OUR BEST BET BE TO TABLE AND GET MORE INFO AT THIS POINT INSTEAD OF VOTING FORWARD OR WHAT WOULD BE STAFF'S RIGHT AT THIS POINT, BASED ON THE INFORMATION THAT THE COMMISSION HAS BROUGHT FORTH, MY SUGGESTION WOULD BE TO TABLE, UH, AND REGROUP FOR MORE INFORMATION.

AND I CAN WORK WITH THE APPLICANT TO DO THAT, UH, AND WORK ON, UH, THE DRAWINGS THAT NEED TO BE SUBMITTED TO ANSWER ALL THE QUESTIONS, UH, FROM THE EVENING.

AND WE CAN CIRCLE BACK IN THE JANUARY.

OKAY.

EVERYBODY GOOD WITH THAT? YES.

TABLE EMOTION FOR JEFFERIES.

IS THERE A SECOND? MS. THOMAS SECRETARY COLE.

YES.

MISS BARGAIN.

YES.

MS. THOMAS.

YES.

MR. JEFFRIES.

YES.

MR. WALDEN.

YES.

MOTION'S BEEN MADE AND SECONDED AND PASSED FIVE TO ZERO TO TABLE.

UH, THIS ZONING CASE BUILD FURTHER DATE, WHICH WOULD POSSIBLY BE IN JANUARY.

IT IS POSSIBLE, DEPENDING ON, UH, AND I CAN GET WITH YOU THIS WEEK.

LET'S TALK ABOUT WHAT NEEDS TO BE DONE AND SO FORTH.

UM, AND THEN DEPENDING ON THE EXPEDIENCE OF THE DRAWINGS, UM, IT COULD BE AS EARLY AS JANUARY, DEPENDING ON WHICH, WHICH MEETING AND THE DEADLINES.

OKAY, GREAT.

THANK YOU.

NEXT ITEM.

UNDER NEW BUSINESS IS A REZONING.

THE APPLICANT CAMPBELL BERLIN IS APPROVAL OF REZONING AND BASIC DEVELOPMENT PLAN TO PR PLAN RESIDENTIAL FOR PROPERTY LOCATED ON THE EAST SIDE OF BELLE FONTANE AND SOUTH OF CHAMBERSBURG ROAD ZONING CASE 21 DASH 47.

THANK YOU, SIR.

UH, THE PROPOSAL BEFORE PLANNING COMMISSION, THIS EVENING CALLS FOR THE REZONING OF BASIC DEVELOPMENT PLAN OF THE 22.968 ACRE PARCEL.

YOU SEE ON YOUR SCREEN, THAT LIES BETWEEN CHAMBERSBURG AND FITCHBURG ON BELL FOUNTAIN.

THE INTENT OF THE PROPOSAL IS A PLANNED RESIDENTIAL COMMUNITY OF 132 WATTS FOR FOSTER NEED YOU TO SPEAK UP.

MY APOLOGIES MA'AM IS THAT BETTER? THE APPLICANT IS PROPOSING ATTACHED PATIO HOMES ON TWO STYLE WATTS, 60 FOOT AND 68 FOOT, LOTS OF THE 132 TOTAL LOTS.

62 OF THOSE ARE PROPOSED TO BE OF THE 60 FOOT VARIETY IN 70 ARE PROPOSED TO BE OF THE 68 FOOT VARIETY.

ALL LOTS ARE PROPOSED WITH A MINIMUM DEPTH OF 110 FEET THAT ARE PROPOSED TO HAVE A 25 FOOT SIDE AND REAR YARD SETBACK, AND SIX FOOT SIDE YARD SETBACKS.

AN AVERAGE OF 40% MASONRY IS CALLED FOR ON THE FRONT FACADE OF EACH UNIT.

A WATER AND SANITARY SEWER WILL CONNECT TO THE CITY'S PUBLIC SYSTEM.

A PUMP STATION IS ALSO BEING PROPOSED TO MOVE SANITARY WASTE TO THE PUBLIC SANITARY SYSTEM.

DRAINAGE WILL BE HANDLED THROUGH THE PUBLIC STORM SYSTEM AND INCLUDING A CATCH PATIENT THAT YOU CAN SEE ON YOUR SCREEN.

UH, ALL OF WHICH FOLLOWS THE CITY CODE FOR STORM WATER MANAGEMENT, ACCESS TO THE DEVELOPMENT, UH, IS PROPOSED TO BE DIRECTLY ACROSS THE STREET FROM THE MAIN ENTRANCE TO THE OAKS ON BELL FOUNTAIN, UH, WITH AN EMERGENCY ACCESS PROPOSED JUST TO THE NORTH OF THAT ON YOUR SCREEN, UH, THE DARK CHECKED OR ON THE PLAN.

IF YOU'RE LOOKING AT THE PLAN, UH, THE DARK CHECKED, UH, RECTANGLE, THERE IS THE EMERGENCY ACCESS.

NOW THE BELL FOUNTAIN HAS BEEN WIDENED, UH, IN THIS AREA AS PART OF A PREVIOUS PROJECT.

UH, HOWEVER STAFF STILL RECOMMENDS A DROP LANE,

[00:35:01]

UH, FOR RIGHT-HAND TURNS INTO THE DEVELOPMENT AND SHORT ACCELERATION LANE TO BE ADDED, UH, FOR EXITING THE DEVELOPMENT TO THE NORTH.

UH, THE INTERIOR STREET NETWORK WILL BE PUBLIC, UH, WITH CURB AND SIDEWALK THROUGHOUT, UH, THIS DEVELOPMENT WILL ALSO BE UNDER THE SUPERVISION OF AN HOA, UH, FULLY MAINTENANCED ON THE EXTERIOR BY THAT BODY.

UH, NO FENCES WILL BE PERMITTED ON ANY LOT.

UH, HOWEVER INVISIBLE FENCES WILL BE ALLOWED.

UH, SO THIS, THIS COMMUNITY CAN REMAIN PET FINLAND.

UH, AGAIN, THIS PROPOSAL PLANNING COMMISSION IS MAKING A RECOMMENDATION TO GO FORTH TO CITY COUNCIL.

NOW, THE APPLICANT IS PRESENT FOR COMMENT AND QUESTION, AND I WILL BE HAPPY TO ANSWER ANY QUESTIONS AND QUESTIONS FOR STAFF I DO.

AND I DO APOLOGIZE.

I DID NOT FORWARD THE THING THERE, SO THE MODELS ARE ON THE SCREEN.

OH, OKAY.

MR. JEFFERY'S, UH, WHEN WE HAD THE, UH, PRELIMINARY DISCUSSION THAT THERE WAS TALKING ABOUT THE EMERGENCY SAFETY ACCESS, POSSIBLY SEEING WHAT FIRE THOUGHT ABOUT A MORE OF A BOULEVARD ENTRANCE, IF THEY FELT ONE WAY OR THE OTHER, DO WE HAVE ANYTHING ON THAT OR WOULD THAT BE MORE FOR ONCE IT GETS TO COUNCIL FOR DISCUSSION? YEAH, I THINK THAT'S SOMETHING THAT, THAT WOULD BE MORE FOR COUNCIL FOR THE COUNCIL DISCUSSION.

UM, IT HAS BEEN APPROVED BOTH WAYS.

UM, SO IN THAT WAS INDICATED TO ME THAT, THAT IT, YOU KNOW, DEPENDING ON DRIVEWAY, WIDTHS AND SO FORTH, THAT IS SOMETHING, IT COULD BE APPROVED BOTH WAYS.

GO AHEAD.

THIS BEING THAT THIS IS BASICALLY A LANDLOCKED DEVELOPMENT WE DON'T NEED OR HAVE A DESIRE IF IT LOOKS LIKE TO HAVE KIND OF ANY KIND OF TERMINATED ROADS FOR FUTURE CONNECTION FOR EXPANSION OR ANYTHING AND OUT OF HERE.

CORRECT.

I MEAN, IT'S NOTHING IN THE PLAN FOR IT.

SO I'M ASSUMING CORRECTLY WE'RE BUILDING IT LANDLORD.

UH, THAT WOULD BE MY ASSUMPTION BASED ON THE DRAWINGS WE RECEIVED.

ANY OTHER QUESTIONS? I KNOW THERE'S A, UM, A GAS LINE THAT GOES THROUGH SOMEWHERE IN THAT AREA.

IS IT, DOES IT TOUCH THAT PROPERTY? IT DOES.

SO ON YOUR DRAWING AND IT'S A LITTLE, WE USE THE POINTER, BUT THERE IS AN EASEMENT.

THERE YOU GO.

THAT IS, UH, YOU'LL SEE IT RUNNING DIAGONALLY THROUGH THE MIDDLE OF THE PROPERTY, UH, THAT WILL, UH, ALL REQUIREMENTS THROUGH THOSE PETROLEUM COMPANIES WILL HAVE TO BE MET BY THE DEVELOPER.

AND MY OTHER QUESTION IS SOMEWHERE ON BELL FOUNTAIN ROAD, THERE IS, UM, I DON'T KNOW, A BIG ELECTRICAL BUSINESS IT'S RIGHT NEXT TO IT.

OKAY.

IS IT NORTH? IS IT SOUTH NORTH? CAN YOU SHOW ME WHERE THAT IS? UH, THE ELECTRICAL GRID IS TO THE SOUTH, IF I AM NOT MISTAKEN AND IT ADJOINS THAT PROPERTY, SO THEY WOULDN'T BE ABLE TO EXPAND THAT WAY.

OKAY.

ALL RIGHT.

THANK YOU, MR. JEFFRIES.

UM, ONE OF THE LETTERS MENTIONED A WATERWAY OR A CREEK ON THE NORTHERN EDGE.

WE KNOW, ARE WE CROSSING THAT OR IS THAT, IS THAT OFF OF THE PROPERTY ON THIS DEVELOPMENT? I MEAN, I DON'T SEE ANYTHING THAT SHOWS AN ISSUE WITH WATER HERE, BUT I KNOW WE CAN WALK UP A CREEK.

SO I, I WOULD DEFER TO THE APPLICANT FOR THAT QUESTION TO AT THE DIRECTION AT WHICH THAT CREEK WOULD AFFECT HIS BUILDING.

ANY OTHER QUESTIONS? COULD YOU CLARIFY FOR ME, HOW, HOW DOES THIS TIE INTO THE OAK OAK SPLAT ACROSS THE STREET, IF AT ALL IT IS DIRECTLY ACROSS THE STREET, UM, TIE INTO A PART OF, UH, NO, NO, NO.

IT WOULD BE ACROSS THE STREET.

UM, IT WOULD, THE ENTRANCES WOULD LINE UP, WHICH WOULD BE A RECOMMENDATION BY ENGINEERING TO HAVE THOSE INTERESTS AS LINEUP.

UM, BUT IT IS NOT A PART OF THE DEVELOPMENT, SO TO SPEAK FOR DRIVERS.

YEAH.

SO ON SOME OF THE OTHER QUESTIONS THAT HAD COME IN, AS FAR AS THE OAKS BUILDING MATERIALS AND FRONTAGE, HOW DOES CAUSE THIS IS THE 40% FRONTAGE IS MORE THAN WHAT IS OUR REQUIREMENT ANYMORE, RIGHT? IT'S 25% NORMALLY.

SO WE'RE THERE BUILDING ABOVE AND BEYOND ON THAT.

DOES IT, HOW DOES IT COMPARE TO THE OAKS BUILDING MATERIAL? UM, BASED ON THE PLANNING COMMISSION RECORDS THAT I WAS ABLE TO LOOK BACK AT, UM, THE ORIGINAL APPROVAL FOR THE OAKS WAS IT TWENTY-FIVE PERCENT.

AND THEN EACH COMMISSION CASE AFTER THAT, IT DID NOT EXPAND THAT NUMBER.

UM, BUT IT DID SAY, UH, ALL PREVIOUS PDDS

[00:40:01]

WILL REMAIN IN EFFECT.

NOW THERE IS A PORTION OF THE OAKS ALONE, SHADY OAK.

UM, THAT WAS A LITTLE BIT DIFFERENT BECAUSE IT BACKED UP TO HUBER HOMES AND THOSE HAD TO BE FULL BRICK WRAP ON THE FIRST FLOOR.

UM, BUT THE REST OF THE OAKS, UH, IS A TWENTY-FIVE PERCENT FROM, SO AS FAR AS THE BUILDING MATERIALS GO, THIS IS AT OR ABOVE THE MINIMUM OF THE OAKS, VITAMIN MATERIALS AND DESIGN.

YES.

ANY OTHER QUESTIONS FOR STAFF MS. THOMAS? SO YOU SAID IT'S GOING TO KIND OF MEET THE LINE OR THE ENTRANCE IS GOING TO LINE UP WITH THE OAKS.

DOES THE OAKS AND CORRECT ME IF I DON'T, THEY HAVE THE BOULEVARD, THEY DO WELL, LET'S HAVE THE BOULEVARD, UH, NOT PER THIS PLANT.

OKAY.

YEAH.

JUST TO LEAN IN AND ELAINE OUT.

ANY OTHER QUESTIONS FOR STAFF? OKAY.

WE SHOULD OPEN IT UP TO THE PUBLIC.

ANYONE WISHING TO SPEAK FOR THE APPLICANT WELL, AGAIN, IT EVEN, UH, BOB CRONE, GOLD CAMPBELL, BERLIN, 33 33, UH, MADISON PIKE, FORT WRIGHT, KENTUCKY.

UM, WE CAME BEFORE YOU IN A WORK SESSION AND I DO HAVE SOME EXHIBITS.

UH, ALSO JENNIFER GONZALES TO JENNIFER GONZALES IS HERE AS WELL, UH, REPRESENTING THE BUILDER FISHER HOMES.

SO WE ARE, UM, HAVE DONE A COUPLE OF DEVELOPMENTS IN HUBER HEIGHTS AND WE'RE PROPOSING ANOTHER ONE WITH, UH, A LITTLE BIT DIFFERENT PRODUCT THAT WE'RE FINDING HAS BEEN VERY WELL ACCEPTED IN OTHER COMMUNITIES.

THIS IS AN ATTACHED PRODUCT IT'S FEE SIMPLE FOR SALE.

THERE'S A MIXTURE OF A PAIRED PATIO HOME, WHICH IS A ONE STORY WITH SOME OPTIONS ON A LOFT.

AND THERE'S A ATTACHED TWO-STORY TOWNHOME PRODUCT.

BOTH OF THEM HAVE, UH, ATTACHED GARAGES FOR TWO CARS EACH.

UM, THIS COMMUNITY IS A LITTLE BIT OF A CHALLENGE FOR A COUPLE OF REASONS THAT CAME UP ALREADY.

UM, IT'S A 22 ACRE SITE, IT'S NEXT DOOR TO A ELECTRIC SUBSTATION.

UM, IT ALSO HAS A, AS YOU MENTIONED, THREE PIPELINES GOING THROUGH THE SITE, SO THERE ARE EASEMENTS AND WE WILL BE ADHERING TO THE SETBACKS REQUIRED FOR THOSE EASEMENTS.

UM, WE'RE OPEN TO EXPLORING A BOULEVARD.

CURRENTLY.

WE HAVE NOT PROVIDED THAT BECAUSE WE DO HAVE THE EMERGENCY ACCESS.

SO THERE WAS SOME DISCUSSION ABOUT, UH, ELIMINATING A FIRE ACCESS AND PROVIDING A BOULEVARD.

SO WE'RE CERTAINLY WILLING TO EXPLORE THAT OR CONTINUE TO EXPLORE THAT WITH COMMISSION AND COUNCIL.

UM, WE THINK IT'S, UH, A PRODUCT THAT HAS NOT BEEN, UH, OFFERED IN COMMUNITIES.

UM, THE PRICE POINT IS BELOW A SINGLE FAMILY HOME.

SO WE FEEL IT'S A, IT'S A MOVE UP FROM SOMEBODY THAT WANTS TO STAY IN THE COMMUNITY AND, AND SELL THEIR HOUSE.

UH, MAYBE THEY HAVE KIDS THAT HAVE MOVED OUT, BUT THEY WANT TO STAY AROUND.

SO WE FOUND A VERY WELL-RECEIVED AND WE'RE ANXIOUS TO MOVE FORWARD WITH THIS PROJECT.

I'M HAPPY TO ANSWER ANY QUESTIONS.

AND JENNIFER IS HERE TO ALSO TALK ABOUT THIS PRODUCT WITH ANY SPECIFIC QUESTIONS.

I WOULD LIKE TO KNOW THE PRICE RANGE OF THE HOMES.

NO BUILDER WANTS TO QUOTE THAT MAN, BEFORE YOU TALK, I NEED TO SWEAR YOU IN JUST ONE MOMENT AND ANYONE ELSE THAT CAME IN LATE, IF YOU WISH TO SPEAK THIS EVENING, YOU WILL HAVE TO BE SWORN IN.

SO I ASK THOSE OF YOU WHO WISH TO BE SWORN IN THAT HAVE NOT BEEN, UM, TO STAY IN AND RAISE YOUR RIGHT HAND AND REPEAT AFTER ME AND ANSWERED IT.

I DO TO THE FOLLOWING GOALS.

DO YOU HEREBY SWEAR OR AFFIRM ON THE THREAT OF PERJURY TO TELL THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH SO HELP YOU GOD? YEAH.

UH, JENNIFER GONZALEZ.

SO OUR PLAN HERE IS TO PUT OUR SLAB PAIRED PATIO AND PAIRED TOWNHOMES.

RIGHT NOW WE'RE HAVING A LOT OF TROUBLE BUILDING ANYTHING FOR LESS THAN ROUGHLY TWO 30.

UM, SO EVEN THOUGH IT'S AN ATTACHED HOME, IT WOULD STILL PROBABLY BE AROUND TWO 30.

THAT'S OUR EXPECTATION RIGHT NOW, IF ANYTHING CHANGES IN TERMS OF, UH, LABOR AVAILABILITY, LUMBER, PRICING, THINGS LIKE THAT, UH, ALL

[00:45:01]

OF THOSE COSTS CAN CHANGE.

BUT AS OF TODAY, I'D SAY IT'D BE AROUND TWO 30 IS WHAT THE PRICE POINT WOULD BE, BUT I CAN'T GO UP TO, UM, IT COULD GO UP TO ABOUT PROBABLY TWO 50.

IT REALLY DEPENDS ON WHAT CUSTOMERS PUT IN THEIR HOMES, THE WAY OUR HOMES ARE BUILT.

THEY'RE SEMI-CUSTOM SO YOU CHOOSE YOUR FLOOR PLAN, YOU CHOOSE THE LAYOUT, AND THEN YOU PRETTY MUCH BUILD IT OUT FROM THERE, WHETHER YOU'RE ADDING HARDWOOD FLOORS, WHETHER YOU'RE DOING TILE BATHROOMS, UH, YOU CAN UPGRADE CABINETS EIGHT OR NINE DIFFERENT LEVELS.

SO IT REALLY DEPENDS ON WHERE THE CUSTOMER DECIDES TO SPEND THEIR MONEY.

IS IT SAFE TO SAY IT COULD GO UP TO 60, 70? IS THAT A POSSIBILITY? IT'S A POSSIBILITY, BUT I'D SAY IT'S NOT SOMETHING WE NORMALLY WOULD SEE.

I, I USUALLY EXPECT THEM TO STICK AROUND TO 60 TO 65 TO 70 IS PROBABLY A LITTLE HIGH.

BUT THEN AGAIN, UM, ALL OF, ALL OF THE TRENDS THAT I'VE SEEN SO FAR SHOW LUMBER PRICES ALSO SPIKING JUST LIKE THEY DID THIS SUMMER.

SO IT WOULDN'T SURPRISE ME IF IT DOES GO HIGHER.

UH, I'D LIKE TO, UM, FOLLOW UP ON, UH, ON ONE COMMENT, UM, THAT STAFF HAD MADE ABOUT THE ROAD IMPROVEMENT.

SO AS WE GO THROUGH THE DESIGN WHERE WE'RE ALWAYS PUSHING AND PULLING ON THE PLAN, UM, THE DROP LANE AND ACCELERATION LANE COMING OUT OF THE COMMUNITY, I THINK BECAUSE THERE HAS BEEN A SIGNIFICANT ROAD IMPROVEMENT ON THAT FRONTAGE ALREADY THAT I'D LIKE TO, UM, AMEND THE WORDING TO THE LAST SENTENCE OF THAT PARAGRAPH.

UM, NUMBER FOUR, NORTHBOUND BELLEFONTAINE SHALL BE INSTALLED IF NEEDED, ACCORDING TO A TRAFFIC IMPACT STUDY.

AND WE, WE MAY BE ABLE TO, UM, RESTRIPE THAT LINE BE THAT THOSE IMPROVEMENTS, BECAUSE THE ROAD IS SO MUCH WIDER AT THAT FRONTAGE.

SO I'D JUST LIKE TO REVISIT THAT AS WE GO THROUGH THE PROCESS.

AND ONE OTHER COMMENT I HAD IS WE, AGAIN, PUSHED AND PULLED ON THE PLAN.

WE, WE DID INCREASE THE FRONT YARD SETBACK FROM THE WORK SESSION TO 25 FEET, BUT THE REAR YARD I'D LIKE TO, UM, REVISE THAT NOTE FROM 25 TO 20 FEET.

IF THAT'S SOMETHING THAT'S ACCEPTABLE, I THINK WE'LL EXCEED 20 FEET, BUT THERE ARE SOME CASES THAT WILL, WILL BE 25 IN THE FRONT AND 20 IN THE REAR.

BUT PRIMARILY I THINK WE'LL MEET, MEET THE 25 AND 25.

THERE MAY BE INDIVIDUAL CASES THAT 20 MAY BE REQUIRED FOR THE REAR YARD.

AND, AND THOSE ARE THE TWO COMMENTS ON NUMBER THREE.

I THINK YOU ALREADY MENTIONED THAT THAT WAS AN AVERAGE OF 40%, SO THAT WAS FINE.

UM, BUT I WOULD LIKE TO MODIFY, UH, THE DECISION RECORD TO TALK ABOUT, UH, THE, THE NEED FOR THE DROP LANE AND THE ACCELERATION LANE AND FROM 25 FOOT REAR TO 20, UM, AS NEEDED, I HAVE A QUESTION AND I KNOW THIS IS A BASIC DEVELOPMENT PLAN.

UM, WHAT DOES THE PROPOSED LIGHTING IN THE SIDEWALKS AND SO FORTH WITHIN THE COMPLEX, THE, THE, UH, WE TYPICALLY TEAM WITH A D P AND L'S MIAMI VALLEY LIGHTING AND PROVIDE STREETLIGHTS, WILL THERE BE SIDEWALKS? YES.

OKAY.

AND THE SIDEWALKS WILL RUN THROUGH, UH, FOR BOTH SIDES OR WILL IT JUST LIKE RUN ON ONE SIDE? UM, BOTH SIDES.

OKAY.

SO IT BE A TYPICAL, UM, CROSS SECTION OF, UH, OF YOUR, OF YOUR RESIDENTIAL STREET.

OKAY.

FOR JEFFRIES, I WOULD SAY PERSONALLY, IF, IF AT ALL FEASIBLE, I MEAN, STAFF'S GOING TO KNOW MORE BASED ON THE ENGINEERING, BUT THE DROP LANE AND, AND DROP LANE OUT FOR TRAFFIC FLOW.

I WOULD LIKE TO SEE STILL CONSIDERED, UH, ESPECIALLY, I MEAN, TURNING RIGHT OUT OF THERE, HAVING THAT ADDITIONAL LANE TO FREE UP THE RIGHT LEFT TURN ACCESS IS HELPFUL.

UH, AND THEN WITH TRAFFIC COMING THROUGH THERE, I DO KNOW THAT IT CAN GET TO BE A BIT OF A DRAG STRIP AT TIMES WHERE PEOPLE UNFORTUNATELY DON'T DRIVE PROPERLY.

SO I THINK HAVING THAT DROP LANE WOULD GIVE A LITTLE BIT OF THAT EXTRA PIECE OF SAFETY AND IT'S NEVER GOING TO BE EASIER TO FIX IT THEN NOW I THINK SO.

I MEAN, I'M CURIOUS TO SEE WHAT STAFF AND ENGINEERING NUMBERS COME BACK AT, BUT I WOULD, I WOULD LEAN TOWARDS KEEPING THAT IN THE DESIGN PERSONALLY.

UM, I I'D LIKE TO KEEP IT AN OPEN DISCUSSION.

LIKE I SAID, I'D LIKE TO SEE WHAT A TRAFFIC IMPACT STUDY SAYS, AND I THINK THERE'S A WAY TO ACCOMPLISH WHAT YOU'RE ASKING FOR BY POSSIBLY DOING SOME RESTRIPE CAUSE THE ROAD WITH IS THERE TO ADD MORE PAVEMENT.

THAT WHAT I STARTED TO SAY EARLIER IS THE CHALLENGES OF THIS SITE, YOU KNOW, WE'RE NEXT DOOR TO, UH, A,

[00:50:01]

UH, ELECTRIC SUBSTATION.

WE DO HAVE A WATER COURSE ON THE NORTH OF THE PROPERTY.

WE HAVE PIPELINES GOING THROUGH THE PROPERTY.

WE HAVE TO BUILD A LIFT STATION FOR THE PROPERTY.

WE PROBABLY WILL HAVE TO DO SOME WORK ON THE EXISTING LIFT STATION TO TIE INTO IT.

SO WHEN YOU START TALKING ABOUT ROAD IMPROVEMENTS, LIFT STATIONS, UPGRADING A LIFT STATION, IT, IT REACHING THAT TIPPING POINT, SIR, THAT'LL GO TO THE COUNCIL.

AND SO IT'S CORRECT.

UH, ANY DECISION MADE THE SEASONING OR ADDITION TO THE DECISION RECORD, UH, WILL BE HEARD BY COUNCIL.

SO TONIGHT FOR THIS COMMISSION AND AS A RECOMMENDATION TO CITY COUNCIL, WE HAVE MISSED ONE.

YOU MENTIONED THE WATER.

SO WHERE WOULD THE WATER ISSUE BE ON THE MAP? AND IS IT ANYTHING THAT YOU GUYS ARE YOU GUYS WORKING AROUND A WHERE IT'S A MUTE POINT IT'S IT'S THERE, BUT IT'S NOT IMPACTED BY ANY OF THIS, IS THAT CORRECT? YES AND NO, NO ADDITIONAL RUNOFF OR DIVERTING OR ANYTHING LIKE THAT.

YEAH.

WE'LL PROVIDE DETENTION.

AND THERE'S A WATERCOURSE THAT SORT OF, THERE'S A COUPLE OF WATERCOURSE WITH THE COME TOGETHER ON THE NORTHEAST SIDE OF THAT PROPERTY THAT WE'RE STAYING AWAY FROM.

UM, IF WE'RE GOING TO TALK ABOUT THE, UM, THE ROAD, I AGREE THAT SINCE THEY'VE WIDENED IT, IT'S, THERE IS A POSSIBILITY OR POTENTIAL THAT COULD BE RE STRIPED, BUT I WOULD REALLY, REALLY, REALLY BE IN FAVOR OF STAFF, MAKING THE DECISION.

IF WE ADD THE TWO WORDS, IF NEEDED, I THINK IT WOULD NEED TO BE STAFF MAKING THAT DECISION AND THAT YOU WOULD AGREE TO ABIDE BY WHATEVER THEY SAY, IF YOU CAN WORK TOGETHER AND WORK IT OUT.

UH, W W WE ALWAYS DO SO.

SO I WOULD LIKE TO GET SOME PROFESSIONAL INPUT FROM A TRAFFIC ENGINEER TO HELP GUIDE US.

I MEAN, THAT'S SORT OF PART OF OUR DUE DILIGENCE THAT WILL, WILL ENLIST THE SERVICES OF A CONSULTANT TO SAY, HERE'S THE TRAFFIC COUNTS.

HERE'S, WHO'S GOING NORTH HERE.

SHE WAS GOING SOUTH.

WHAT TIME OF DAY? AND SO ON.

SO AS PART OF OUR DUE DILIGENCE, I WOULD JUST LIKE TO, UH, I DON'T HAVE A PROBLEM WORKING WITH STAFF, BUT I'D LIKE TO DO SOME HOMEWORK TO SAY, WHAT DOES A PROFESSIONAL TRAFFIC ENGINEER SAY? OKAY.

AND IF I CAN JUMP BACK IN MR. CHAIR, JUST FROM, UM, IN A TYPICAL DEVELOPMENT OF THIS NATURE, A TRAFFIC STUDY WOULD BE DONE.

AND THEN THAT TRAFFIC ENGINEER, ALONG WITH THE DEVELOPER WOULD WORK WITH THE CITY ENGINEER TO COME UP WITH RECOMMENDATIONS FOR ROAD IMPROVEMENTS.

THIS IS A PRETTY STANDARD ACT, UH, THAT THE APPLICANT IS DESCRIBING.

SO I WOULD HAVE EXPECTED THIS TO HAPPEN.

UH, THE REASON THAT YOU SEE THE DROP LANE AND THE ACCELERATION LANE IN THE DECISION RECORD THIS EVENING IS BECAUSE THAT WAS THE CITY ENGINEER'S ORIGINAL RECOMMENDATION WITHOUT HAVING HEARD INPUT FROM A TRAFFIC ENGINEER, MR. JEFFERS, WOULD THAT TRAFFIC STUDY ALSO MAKE ANY KIND OF REFERENCE IF THERE WAS A CONCERN ABOUT THE ENTRANCE EXIT LINING UP DIRECTLY WITH OAK RIDGE VERSUS BEING MORE OPTIMAL TO BE FARTHER, SAY NORTH? YES.

I MEAN, I THINK YOU CAN SEE EACH OTHER EASIER COMING DOWN TO THE PLAT RIGHT THERE, SIDE BY SIDE, AND THEN UP THE ROAD.

BUT I KNOW WE'VE HEARD IN SOME OTHER CASES, THEY THOUGHT THAT IT MADE MORE SENSE TO NOT STACK THEM ON TOP OF EACH OTHER.

YEAH.

OKAY.

IN A TRAFFIC STUDY, THAT KIND OF THING WILL BE LOOKED AT JUST SOME HISTORY AND EXPERIENCE.

TYPICALLY, IF YOU CAN LINE UP, THEY, THEY WANT YOU TO, IF YOU CAN'T LINE UP, YOU WANT TO BE ABOUT 200 FEET SEPARATION.

SO WE'LL, WE'LL PUT THAT IN THE HAT AND GOOD.

I, I PERSONALLY WOULD PREFER TO BE ABLE TO SEE WHAT'S RIGHT IN FRONT OF ME, INSTEAD OF LOOKING DOWN THE ROAD, I JUST KNOW WE'VE, WE'VE HAD IT PRESENTED BOTH WAYS.

THAT'S WHY I ASKED ANY OTHER QUESTIONS FOR THE APPLICANT.

THANK YOU, SIR.

THANK YOU.

WOULD IT BE STAFF'S RECOMMENDATION THEN WE JUST ELIMINATE A NUMBER FOUR FOR NOW.

THAT'S COMPLETELY UP TO THE COMMISSION.

AND THAT WOULD BE SOMETHING THAT WE ELIMINATED WOULD COME BACK.

UM, WELL, THIS WILL GO BEFORE CITY COUNCIL, UM, AND WHATEVER DECISION RECORD IS MADE THIS EVENING WILL THEN BE HEARD.

SO IF YOU CHOOSE TO CHANGE IT IN SOME WAY, LEAVE IT THE SAME.

THAT IS UP TO THE COMMISSION.

DOES EVERYBODY FEEL ABOUT ONE ELIMINATING IT, LEAVING IT LIKE IT IS, OR IF, UH, FOR A TRAFFIC STUDY, I WOULD PREFER TO HAVE IT IN THERE SOMEHOW SUBJECT TO REVIEW FROM THE CITY ENGINEER AND TRAFFIC STUDY THAT WAY, AT LEAST WHEN IT GETS TO COUNCIL, THEY KNOW ABOUT THIS DISCUSSION INSTEAD OF IT JUST BEING SOMETHING THAT IS OFTEN THE SIDE.

AND THAT IS, THAT IS SOMETHING I CAN ADD TO ITEM FOUR OF THE DECISION.

EVERYBODY GOOD WITH THAT.

[00:55:01]

I LIKE THE IDEA OF PUTTING IF NEEDED THAT DOES NOT ADDRESS MR. JEFFRIES.

SORRY.

SOMETHING THAT, UH, UH, MR. I THINK IT WAS THE LAST NAME AND MENTIONED SOME OF THE LOTS NEED IN 20 FOOT REAR, WHERE THAT SAYS RECORDS 25 20.

WE NEED TO ADDRESS THAT ALSO AS WELL.

I'D LIKE TO LEAVE IT LIKE IT IS LIKE IT STATES COULD YOU READ US NUMBER FOUR, PLEASE? I CAN, AS AMENDED, I CAN'T, AS A MINUTE, A DROP LANE FOR NORTHBOUND TRAFFIC SHALL BE INSTALLED AN ACCELERATION LANE TO THE NORTHBOUND BELL FOUNTAIN ROAD SHOP INSTALLED PENDING THE RESULTS OF A TRAFFIC STUDY IN THE APPROVAL OF THE CITY ENGINEER.

GOOD.

THANK YOU, SIR.

NOW TO GET TO NUMBER FOUR, I'M SORRY.

NUMBER THREE, TO THE MINIMUM OF SETBACKS, 25 FOOT YARD, FRONT YARD, AND A 25 FOOT REAR YARD AND A SIX FOOT SIDE YARD, AND THE APPLICANTS WISHING TO CHANGE THE MINIMUM REAR YARD TO POSSIBLY A 20 FOOT.

COULD WE POSSIBLY ASK THEM ABOUT WHICH CAUSE THEY KNOW THERE ARE SOME LOTS THAT ARE OF CONCERN.

CAN WE FIND OUT WHICH LOTS IT IS? AND IF IT'S WE TALK IN A COUPLE OR HALF, DO WE KNOW? SORRY, SORRY.

I APOLOGIZE.

SHOULD I ASK THAT WHAT YOU'RE UP THERE? I THINK IT WILL BE IN THAT 10 TO 15 RANGE, WHICH I DON'T, BECAUSE WE'RE TWEAKING THE PLAN.

SO I JUST WANT TO LEAVE THAT DOOR OPEN IN CASE WE DO W WE'LL SHOOT FOR 25 AND WE MAY BE ABLE TO ACCOMPLISH THAT.

BUT, UM, IN THE CURRENT CONFIGURATION I SAW ABOUT, I THINK MAYBE MAX 15, LOTS THAT MIGHT NOT MEET THAT AS IT'S LAID OUT.

NOW, DOES IT, IS THIS, DOES THAT INDICATE YOU HAVE 25 FOOT BACK REAR YARD? UM, IT'S IT WAS MORE GEARED TO MEETING THE 20 FOOT FOOT FRONT YARD.

SO I'D HAVE TO GO THROUGH PRIMARILY THAT THERE IS TWENTY-FIVE FOOT REAR YARD, BUT THERE ARE SOME THAT CAME UP SHORT.

I MISS PLAN.

BUT AS WE, AS A PLAN OF ALL, WE'LL SHOOT FOR THAT.

AND JUST IF I HAVE THE ABILITY TO NOT ADHERE TO THE 25 IN A PARTICULAR CASE, I CAN IDENTIFY THAT PRIOR TO GOING TO COUNCIL.

BUT I THINK IF IT WAS MAX 15, I'D BE COMFORTABLE WITH THAT.

SO YOU'RE LOOKING AT 15 AND NOT 20 NOW, 15, 15 MINUTES.

I JUST WANT TO CLARIFY THAT.

SORRY.

HE'S LIKE SURE.

OKAY.

OKAY.

MR. JEFFREY, SORRY.

ON THE S THE SURROUNDING PROPERTIES.

DO WE KNOW HOW FAR AWAY THE NEAREST RESIDENCE IS? AS FAR AS THE NEIGHBORS BUILDING OR HOMES? SO A LOT OF FARM LAND OR AGRICULTURAL AREA.

UH, SO IF WE HAVE THE 20 FOOT REAR YARD, ARE WE ON TOP OF SOMEBODY ELSE'S BACKYARD ON TOP OF THEIR HOUSE? OR ARE WE TALKING MORE UP AGAINST THE SUBSTATIONS OR ANYTHING LIKE THAT IS WHAT I'M SAYING? UH, I'D HAVE TO LOOK AT THE AREA, BUT I THINK THE NEXT HOUSE TO THE NORTH IS PRETTY FAR AWAY FROM THE PROPERTY LINE.

I THINK IT'S OVER 50 FEET AWAY, BUT I'M GUESSING.

UM, SO OTHERWISE THERE ARE NO ADJOINING RESIDENTS, ANY OTHER QUESTIONS FOR THE APPLICANT? SO HOW DOES EVERYBODY FEEL ABOUT MAKING THE MINIMUM A REAR YARD 20 FEET? I THINK WE NEED TO KNOW WHICH ONES ARE GOING TO BE AFFECTED, BUT THIS IS OPENING THE DOOR UP FOR THAT.

MR. JEFFREY.

[01:00:01]

SO YOU GOT TO COME ON IT.

I, IS IT, IS IT SOMETHING THAT WE CAN LEAVE IT OR AMENDED IN ANY WAY THAT, YOU KNOW, SUBJECT TO 20 FOOT SETBACK PENDING APPROVAL AT THE DETAILED STATE? I MEAN, WE'VE WON, IS IT LOOKING AT THE SURROUNDING AREA? I DON'T THINK IT'S GOING TO BE A BIG DEAL FOR THAT EXTRA FIVE FEET, BUT IF IT LANDS IN THE WRONG 15 STRAIGHT PIECES AND WE SAID, YEAH, UNDERSTOOD.

THAT'S MY CONCERN.

MOST OF IT IS UP AGAINST EACH OTHER, WHICH IS OPEN SPACE BEHIND IT AND NO FENCES.

ISN'T GOING TO MATTER NEIGHBORING UP AGAINST THE, YOU KNOW, FARM LAND THAT DOESN'T HAVE HOUSING RIGHT NOW COULD AT SOME POINT POTENTIALLY, MAYBE.

BUT AT THAT POINT WE WOULD KNOW.

SO AS FAR AS WHERE IT WOULD BE IMPACTED IS WHERE I'M KIND OF HUNG UNDERSTOOD.

UM, HE WOULD MAKE AN ADDITION, UH, TO ITEM NUMBER TWO OF THE DECISION RECORD.

YOU COULD LEAVE THE DECISION OR I COULD THE SAME AND LET COUNCIL MAKE THAT DECISION.

UM, THAT CHOICE IS YOURS.

UH, AGAIN, YOU KNOW, IT WILL GO TO COUNCIL FOR THE ULTIMATE APPROVAL AND THEN IT WOULD COME BACK AND BEFORE THE PLANNING COMMISSION FOR THE DETAILED DEVELOPMENT PLAN DOWN THE ROAD.

UM, BUT TO, TO ANSWER YOUR INITIAL QUESTION, YOU COULD EITHER WAY, EITHER WAY, IF YOU WANT TO AMEND THIS THAT'S I CAN DO THAT.

OR IF YOU WOULD LIKE TO LEAVE IT TO SAY LIKE, COUNCIL MAKE THAT CALL.

I DO BELIEVE THE APPLICANT HAS SAID THAT HE WOULD KNOW HOW MANY UNITS AND WHERE THEY ARE AT BY THE TIME IT WENT TO COUNCIL.

UM, SO I THINK I'M GOOD WITH A 20 FOOT AND WE'LL SEE HOW IT PLAYS OUT IN COUNCIL, THIS LARGO, OR ANY COMMENTS ABOUT THE SETBACK? YES.

I JUST DON'T FEEL LIKE I'M KNOWLEDGEABLE ENOUGH ABOUT THIS.

I'M LOOKING AT THIS.

I AM ON THE MAP.

IT SHOWS IT'S ALL 25 AND 30 FOOT SETBACKS FOR THE REAR YARD.

BUT THEN WHEN I LOOKED DOWN AT THE BOTTOM, IT'S ALL 20 FOOT REAR SETBACK.

SO I REALLY DON'T KNOW WHAT THAT'S ALL ABOUT.

AND I COULD, WE HAVE A PERCENTAGE IF HE SAYS, WHEN HE SAID IT COULD BE UP TO 15 OF THE RIGHT.

15 OF ALLOTS IS WHAT HE SAID.

MAYBE PUT IN UP TO 15, COULD HAVE A 20 FOOT.

I REALLY DON'T KNOW.

MS. HOP, YOU HAVE ANY CONCERNS? YES.

UM, AND I'M WITH JAN ON THE IDEA OF MAYBE IF WE PUT IN THERE SOME LIMIT OR I'M JUST HESITANT TO JUST ARBITRARILY CHANGE IT TO 20.

UM, I THINK THERE SHOULD BE SOME DEFINING FACTOR FOR THE 27.

WHAT WOULD IT BE? THAT PERCENTAGE? HOW MANY, HOW MANY BOTS WE DON'T LIKE YOUR MONEY IS ONE HUNDRED AND THIRTY ONE HUNDRED THIRTY TWO TOTAL PROPENSITY 22 TOTAL FOR POST.

SO WHAT'S 15, WHAT'S THE PERCENTAGE OF 15, LOTS OF A HUNDRED.

IT'S A LITTLE OVER 11%.

YEAH.

SO 10%, 10% FOR JEFFERSON.

I MEAN, COULD WE, IF HE'S THINKING 10 TO 15, COULD WE JUST SAY NOT TO EXCEED 15 UNITS BEING THAT THIS IS A NEWER PRODUCT? I MEAN, THESE ARE THE NEWER TO OUR AREA, BUT THESE TYPES OF PROPERTIES, FOR THE MOST PART, AREN'T LOOKING FOR OVERSIZE BACKYARDS, PLUS IT'S OPEN SPACE.

THERE IS NO LINE OF DELINEATION SINCE IT WILL BE NO FENCES.

SO IT WILL LOOK LIKE A CONTINUOUS SPACE AS WELL.

SO IF WE SAID NOT TO EXCEED 15, WOULD THAT GIVE YOU THE ROOM YOU NEED? AND OBVIOUSLY TRY TO GET IT AS CLOSE TO ZERO AS POSSIBLE.

YES.

THERE YOU GO.

COMPROMISE.

WHEN YOU HAVE THAT WRITTEN UP, MR. FOSTER, WE WOULD LOVE TO HEAR IT.

YES, SIR.

MARKING ON IT.

RIGHT? THE MINIMUM SETBACK SHALL BE AS FOLLOWS 25 FOOT FRONT YARD, 25 FOOT REAR YARD WITH A MAXIMUM OF 15 LOTS HAVING A 20, 20 FOOT

[01:05:01]

REAR YARD, MINIMUM SETBACK AND SIX FOOT SIDE YARD SETBACKS.

OKAY.

IS THERE ANYONE ELSE WISHING TO SPEAK ON THIS ZONING CASE? I WOULD ASK EVERYONE TO, UM, I I'D LOVE TO GIVE EVERYBODY A CHANCE IF YOU CAN KIND OF KEEP IT TO A MINIMUM AND PLEASE DO NOT REPEAT YOUR NEIGHBOR IF AT ALL POSSIBLE MAYBE CINDY SMITH.

AND BEFORE I GET STARTED, ACTUALLY I LIKED TO CLARIFY SOME ON THE OAKS REQUIREMENT FOR BRICK AND STONE MORTAR, ACCORDING TO ORDINANCE 1405 OF 2003, ALL THE HOUSES IN THE OAKS ARE REQUIRED TO HAVE 25% OF THE ENTIRE BUILDING, THE 25% BRICK OR STONE, UNLESS THEY BORDER FITCHBURG OR BELL FOUNTAIN.

IN WHICH CASE THEY ARE REQUIRED TO HAVE 50% OF THE ENTIRE EBROKER STONE.

SO I'D LIKE TO CLARIFY THAT TO START IT SNAP JUST OUT THE FRONT.

IT IS THE ENTIRE BUILDING AND WE'LL STAND CORRECTED.

MS. SMITH IS CORRECT.

THE ORDINANCE THAT SHE STATED 2003 ORDINANCE 1405 DOES STATE IN MY APOLOGIES TO THIS COMMISSION FOR MISSPEAKING, ALL HOUSES SHALL BE CONSTRUCTIVE WITH A MINIMUM OF 25% MASONRY ON THE EXTERIOR OF THE HOME, THE ENTIRE EXTERIOR.

AND I THINK THAT'S IMPORTANT BECAUSE THESE AS I'VE LOOKED AT THEM, THE MOST OF THE FRONT IS GARAGE.

SO THERE'S VERY LITTLE PART TO PUT ANY KIND OF ACCIDENT ON ANYBODY, BUT TO GET STARTED ON WHAT I REALLY CAME TO SAY.

SO GOOD EVENING.

THANK YOU FOR GIVING ME THE OPPORTUNITY TO SPEAK ON THIS IMPORTANT ZONING CASE.

THERE'S SO MANY THINGS WRONG HERE THAT I REALLY DON'T KNOW WHERE TO BEGIN.

AND I THINK THE MOST IMPORTANT ISSUE TO IDENTIFY IS THIS PROJECT DOES NOT MEET THE CITY'S COMPREHENSIVE PLAN, WHICH CLEARLY STATES THAT FUTURE USES OF THIS PROPERTY.

IF DEVELOPED B SINGLE FAMILY, DETACHED HOMES ON MEDIUM TO LARGE LOTS, IT'S PRETTY CLEARLY STATED.

I DON'T THINK THERE'S ANYTHING TO REALLY ARGUE ABOUT.

THERE IT'S AN OPPOSITION TO OUR CITY'S COMPREHENSIVE PLAN, AND THIS APPLICATION SHOULD BE DENIED ON THAT FACT ALONE.

HOWEVER, THERE ARE OTHER CONCERNS HERE.

THE DENSITY OF THIS PROJECT EXCEEDS ANYTHING IN OUR AREA VIA BUDDING PROPERTIES ARE EITHER ZONED, AGRICULTURAL OR RESIDENTIAL WITH EACH OF THEM HAVING A MINIMUM OF THREE ACRES OF LAND, WHICH WOULD GIVE THEM A DENSITY OF 0.33, THE OAKS, WHICH IS ACROSS BELL FOUNTAIN DOES NOT ABOVE THE PROPERTY, BUT WE HAVE A DENSITY OF 2.05.

THIS PROJECT HAS A DENSITY OF 5.7.

OBVIOUSLY IT IS SIGNIFICANTLY HIGHER, SIGNIFICANTLY HIGHER DENSITIES CAUSE MANY ISSUES, MOSTLY RESULTING IN A LOT OF TRAFFIC ISSUES.

A PLANNED ENTRANCE IS DIRECTLY ACROSS FROM THE ENTRANCE OF THE OAKS.

THIS WILL CAUSE US ISSUES, PARTICULARLY DURING COMMUTING HOURS, TRYING TO MAKE THAT LEFT, TO GO UP TO CHAMBERSBURG, TO GET TO THE BASE.

THEIR DENSITY WILL ALSO CAUSE PARKING ISSUES WITHIN THEIR OWN COMMUNITY.

WITH LOTS AS NARROW AS 30 FEET IN DRIVEWAYS BEING APPROXIMATELY 18 FEET WIDE, THAT LEAVES 12 FEET OF STREET AVAILABLE TAKING INTO ACCOUNT FIRE HYDRANTS AND CENTRALIZED MAILBOXES.

THE PARKING ISSUES THAT MORE TRADITIONAL NEIGHBORHOODS EXPERIENCE AND WERE DISCUSSED AT LENGTH DURING THE CITY'S TOWN HALL MEETING JUST A FEW MONTHS AGO WILL BE EXACERBATED BY THIS DESIGN.

I'D ALSO LIKE TO POINT OUT THE HIGHER PERCENTAGE OF IMPERVIOUS SURFACES RESULTING ON THIS PLAN.

THIS LAND IS CURRENTLY ALL AGRICULTURAL, ALL PERVIOUS SURFACE.

THE GROUND IN THE PLANTS CAN ABSORB THE WATER.

NOW WITH A MINIMUM OF A 2,500 SQUARE FOOT, LOT WITH A RANCH HOUSE OF APPROXIMATELY 1250, A TWO CAR GARAGE, THAT'S ABOUT 360 SQUARE FISH FEET AND A 25 FOOT LONG TWO CAR DRIVEWAY.

THAT'S ABOUT 450 SQUARE FEET, WHICH MAKES OVER 2000 SQUARE FEET OF IMPERVIOUS SURFACE ON A 2,500 SQUARE FOOT LAB.

AND THAT DOESN'T TAKE INTO ACCOUNT ANY PORCHES, PATIOS, OR SIDEWALKS.

THERE'S

[01:10:01]

NOT A LOT OF GROUND THERE LEFT TO ABSORB WATER, AND THIS CAN POTENTIALLY CAUSE ISSUES FOR THE AMOUNT OF WATER RUNNING DOWN TO THE CREEKS ON THE NEIGHBORING PROPERTIES.

THIS PROJECT DOES NOT FIT WITH THE BORDERING PROPERTIES.

THERE ARE FAMILIES HERE THAT HAVE LIVED ON AGRICULTURAL LAND FOR FOUR GENERATIONS.

THEY RUN EXCAVATING EQUIPMENT, NOISY EXCAVATING EQUIPMENT.

THEY HAVE FARM ANIMALS.

THEY EVEN HUNT ON THEIR OWN LAND.

NOW PUT HOUSES 20 FEET FROM THE PROPERTY LINE WHERE PEOPLE WORK HUNT AND HAVE FARM ANIMALS, PIGS, COWS, CHICKENS, HORSES, WHATEVER.

AND WILL IT CAUSE PROBLEMS BECAUSE THIS IS NOT A GOOD PLACE TO PUT 132 HOUSES.

I BELIEVE IT WILL CAUSE PROBLEMS. AND THAT IS WHY THE CITY'S COMPREHENSIVE PLAN OUTLINED SPECIFIC REQUIREMENTS FOR THIS PROPERTY FOR ANY FUTURE USE.

AND THIS DEVELOPMENT DOES NOT FOLLOW THOSE REQUIREMENTS.

I WATCHED THE PRE-APPLICATION CONFERENCE THAT WAS HELD AT THE PLANNING COMMISSION ON NOVEMBER 9TH.

WHILE THE IDEA THAT THESE HOUSES MAY BE A DOWNSIZING OPTION, CAN'T BE ARGUED ANY MORE THAN THEY MIGHT BE AN UP-SIZING OPTION DEPENDING ON WHERE YOU COME FROM.

HOWEVER, THAT DISCUSSION ALLUDED AT THESE COULD BE AGING IN PLACE AND THESE HOUSES DO NOT FIT THE NEW PARADIGM.

CURRENTLY BEING PRESENTED FOR AGING IN PLACE HOUSING IT'S COME A LONG WAY FROM THE 1970S AND WILL CREEK.

NOW THE EXPECTATION IS FOR WIDER DOORWAYS, ZERO ENTRYWAYS, INCLUDING IN THE GARAGE BATHROOMS THAT CAN BE MADE FULLY ADAPTABLE HALLWAYS THAT ARE WIDE ENOUGH TO PUT BRAILLES ON BOTH SIDES.

AND MANY OF THESE SECONDARY SUITES, WHICH CAN BE USED FOR FAMILY VISITS OR CAREGIVERS ARE NOW DONE ON A LOWER LEVEL, WHICH I FOUND UNUSUAL UNTIL I ASKED A COUPLE OF BUILDERS WHY? AND THEY DO THAT BECAUSE RATHER THAN A SLAB SURFACE, HAVING A BASEMENT, LETS YOU DO THOSE ADAPTATIONS EASIER.

IF YOU HAVE TO MOVE PLUMBING, IF HE ASKED ME TO MOVE ELECTRICAL, IT'S A LOT EASIER THAN HAVING TO JACKHAMMER THROUGH A FOUNDATION.

AND THE OTHER THING THAT SHE'S THINKING ABOUT IT IS THERE'S NO PUBLIC PUBLIC TRANSPORTATION ON BELL FOUNTAIN, WHICH CAN BE A DESIRED THING AS PEOPLE AGE.

SO THESE HOUSES MEET EXPECTATIONS FOR THOSE SORT OF LOOKING TO DOWNSIZE AND AGE IN PLACE.

NO, THEY DO NOT.

SO LET ME GET BACK BASICS.

THIS IS A RURAL AREA AND PEOPLE CHOOSE THIS LIFESTYLE FOR A SPECIFIC REASON.

MANY DO NOT HAVE CITY WATER OR SEWER AND RELY ON THEIR OWN WELLS AND SEPTIC.

SOME DO NOW HAVE GAS PIPED IN.

THEY RELY ON PROPANE OR ELECTRICITY.

THEY RELY ON FEW NEIGHBORS, BUT THEY KNOW THOSE NEIGHBORS AND THEY ALL SUPPORT THEIR COMMON LIFESTYLE.

I AM FORTUNATE TO LIVE IN THIS AREA AND CONSIDER THE OAKS TO BE SEMI-RURAL.

I REALIZED THAT THE NEAREST GROCERY STORE IS THREE MILES AWAY.

THE NEAREST EMERGENCY ROOM IS SEVEN MILES AWAY AND THE NEAREST GAS STATION IS OVER A MILE AWAY, BUT BENEFITS ARE WORTH IT.

WE SEE DEER AND OTHER WILDLIFE REGULARLY.

THERE IS AN EXHIBIT THAT NESTS BY OUR POND.

IT COMES BY DAILY.

IT'S QUIET AND NATURE OF BOUNDS.

I KNOW MANY OF MY NEIGHBORS, BUT WE LIVE FAR ENOUGH APART TO RESPECT EACH OTHER'S PRIVACY.

IT IS A QUIET LIFE AND THE CITY COMPREHENSIVE PLAN SUPPORTS THIS.

I ASK THAT YOU PLEASE DENY THIS APPLICATION.

ANY QUESTIONS OR CAN I ELABORATE? I THINK, I THINK SHE COVERED QUITE A FEW BASES HERE.

HOPEFULLY MR. JEFFRIES, MR. FOSTER, THE COMPREHENSIVE PLAN.

WHEN IS, WHEN ARE THOSE DONE? SO WHEN, WHEN DOES THAT START IT AND COMPLETED? SO THE COMPREHENSIVE PLAN WAS COMPLETED IN 2011.

UM, WE ARE SET ACTUALLY I DO HAVE, UH, PROPOSALS BEING PREPARED RIGHT NOW FOR A 2021 SLASH 2022 COMPREHENSIVE PLAN.

THAT'S A 10 YEAR PLAN.

I DO HAVE A COPY OF THAT COMPREHENSIVE PLAN HERE.

UM, IT DOES IN FACT, CALL THAT OUT AS SINGLE FAMILY AND THE DEFINITION IN THE COMPREHENSIVE PLAN ON PAGE 19 OF THE FISCAL PLAN DOES SAY SINGLE FAMILY, DETACHED HOMES, UM, MEDIUM TO LARGE LENS AND PIECES.

I THOUGHT GOING INTO THIS

[01:15:01]

YEAR, SCOTT HAD SAID ONE OF OUR BIGGER PROJECTS FOR 21 WAS GOING TO BE THE CITY'S 20, 21 CONFERENCE WAS A PLAN.

BUT IN THAT INSTANCE, SOME THINGS HAPPENED, UH, THAT IS TRUE.

SOME, UH, LARGE, UH, IT ON COVID STAFFING.

I WOULD, I WOULD, I WOULD, I WOULD SAY MORE.

SO SOME STAFFING CHANGES PROBABLY LED TO THAT.

UH, BUT YES, THAT IS ON THE DOCKET FOR EARLY 20, 22.

YES SIR.

I THOUGHT I DIDN'T HAVE TO COME BACK HERE AFTER THE CHURCH PROPERTY, A RON D 59 0 8 OAK CREEK TRAIL.

I LOOK AT HUBER.

IT HAS NO IDENTIFIABLE DOWNTOWN.

WHY IT DIDN'T HAVE A COMPREHENSIVE PLAN AND YOU HAVE SUBURBAN SPRAWL.

THAT'S HOW HUBER HEIGHTS WAS CREATED.

IT IS VERY, VERY EXPENSIVE TO CORRECT THE PAST AS THE COUNCIL IS TRYING TO DO NOW WITH MAKING THE BRAND PIKE CORRIDOR QUOTE DOWNTOWN, IT'S NOT LIKE FAIRBORN OR CENTERVILLE OR ANYWHERE ELSE WHERE YOU HAVE AN OLD DOWNTOWN TRADITIONAL OR ANYTHING ELSE LIKE THAT.

IT'S VERY EXPENSIVE.

THEN YOU LOOK AT, I USE MY PREVIOUS LICENSES, THE AIR FORCE, COMPREHENSIVE PLANNER FOR ALL INSTALLATIONS.

I HAD MY LICENSE AND WHAT DID I LEARN HAVING THAT PROFESSIONAL LICENSE DO IT RIGHT? COMPLIMENT.

WHAT'S ADJACENT.

I'M GOING TO BE BLUNT, BUT PROFESSIONAL.

I LOOK AT THIS PLAN.

IT DOESN'T COMPLIMENT ANYTHING.

IT SITS OUT THERE.

YOU HAVE GORGEOUS LOTS WITH HORSES, OR IF THEY WANTED TO HAVE A HOG FARM, THEY COULD HAVE A HOG FARM THREE TO FIVE ACRES.

I LOOK AT OURS.

JAN WAS ON THE COUNCIL WHEN THAT WAS PROBABLY APPROVED PROBABLY AROUND 20 YEARS AGO.

AND WHEN I WAS SPEAKING BEFORE I GOT TOO BUSY WITH MY NEW JOB, I WOULD COME AND THERE WOULD BE WONDERFUL PROFESSIONAL CONVERSATION ABOUT TWEAKING, WHAT THE OAKS DID WITH, WITH SAM NOBLER.

IF YOU REMEMBER SAM NOBLER AND WHAT HAPPENED THAT COUNCIL STUCK TO THEIR APPROVAL OF THE ORIGINAL PLAN, FEW TWEAKS ON THE ROAD TO MAKE IT VIABLE.

BUT THE ORIGINAL PLAN HAS BEEN STUCK THROUGH THE BUILD-OUT THAT WE'RE SEEING.

NOW I LOOK AT THIS PLAN.

I HAVE A HALF ACRE LOT.

I HAVE A ONE-STORY HOUSE.

ONE STORY.

THEIR DUPLEX WILL FIT ON MY ONE STORY, THE FRONTAGE OF THEIR THINGS.

I PULL UP.

I HAVE THREE CAR GARAGE.

I USE MY THREE CAR GARAGE.

I HAVE A FULL 2,500 FOOT SQUARE FOOT BASEMENT.

I LOOK AT THIS, IT'S A PATIO HOME.

WHERE'S THE STORAGE.

FIRST THING THAT'S GOING TO HAPPEN IN THAT LITTLE BACKYARD IS UP.

GO TO THE SHEDS AND YOU HAVE A PILE OF FENCES.

NEXT PARKING DRUGS DRIVE THROUGH THE OAKS, EVEN WITH BASEMENTS AND PEOPLE HAVE THEIR GARAGE IS OPEN WHAT'S IN IT.

SHARANDA CAR.

SO THINK OF WHERE THOSE CARS ARE GOING TO BE PARKED THE INDUSTRY AVERAGE, ACCORDING TO COMPREHENSIVE PLANNING, ONE-ON-ONE THE INDUSTRY AVERAGE PER FAMILY IS 3.2 CARS.

MY SON-IN-LAW IS FIVE AND THERE'S ONLY TWO PEOPLE.

WHERE ARE YOU GOING TO PARK IT? YOU'RE ALL GARAGE.

THERE'S NO STORAGE.

THERE'S NO FRONTAGE TO PARK ON THE STREET.

IT'S NOT READY FOR PRIME TIME.

NEXT.

I'M PROBABLY ONE OF THE FEW AIR FORCE OFFICERS THAT WAS AN INSTALLATION COMMANDER.

THAT'S BEEN FINE.

$25,000 A DAY FOR A WET LENS RETENTION.

WHAT YOU'RE DOING RIGHT THERE.

AND IN MY MEMO THAT I SENT, I ASKED FOR THE CALCULATIONS IN THE OAKS IT'S 28.5 ACRE FEET OF WATER HAS TO BE RE AT MAX CAPACITY HAS TO FIT IN THAT RETENTION POND.

WE HAVE 28.5 ACRE FEET.

THAT'S EPA GUIDELINES, NOT OHIO, OR WHAT

[01:20:01]

A DEVELOPER WANTS TO DO FOR A LITTLE POND.

IT'S REQUIRED BY LAW.

YOU DO IT WRONG.

YOU STILL GET FINE.

WHEN I WAS COMMANDER AT HANSCOM, OUR RETENTION POND WAS BUILT 20 YEARS AGO.

IT DIDN'T MATTER.

I STILL GOT IT.

YEAH.

WE SETTLED FOR $156,000 FINE.

EVEN THOUGH IT COULD HAVE BEEN WELL OVER A MILLION, YOU GOTTA DO IT.

RIGHT? I'D LIKE TO SEE THE CALCULATIONS.

AND I KNOW TALKING WITH MISS BERGE, SHE WANTS TO SEE THE CALCULATIONS OF HOW YOU COME UP WITH THAT BECAUSE WHAT HAPPENS TO THE TWO WETLAND STREAMS THAT ARE THERE THAT HAS TO BE ANSWERED WITH DRAINAGE, GOING INTO THE POND BECAUSE THAT'S WHERE IT HAS TO GO.

ALL OF THAT DRAINAGE HAS TO GO IN THERE.

NOW YOU LOOK AT THE, YOU LOOK AT THE ACREAGE THAT THAT IS, AND LOOK AT THE IMPERVIOUS SURFACE.

WATER DOES NOT GET ABSORBED.

ANYTHING OVER 40% STARTS ESCALATING LIKE A PARABOLIC CURVE.

YOU GET PENALIZED PRETTY SOON.

IF YOU'RE OVER 50%, YOU'RE GOING TO HAVE TO HAVE A WHOLE LOT MORE ACREAGE, BIGGER THAN OURS TO HOLD THE WATER BECAUSE YOU HAVE STREAMS. NOT ONLY WILL THE DEVELOPER BE FINE, THE CITY WILL BE FINED.

THE ONLY REASON WHY I KNOW THAT IS I EXPERIENCED IT AND I HAD A WHOLE LOT OF ATTORNEYS COMING DOWN TO HELP ME.

CAUSE I'M THE ONE THAT HAD TO SIGN IT.

EVEN THOUGH IT DIDN'T COME OUT OF OUR POCKET, IT CAME OUT OF THE TAXPAYER'S POCKET, BUT YOU GOTTA DO IT RIGHT NEXT SINGLE FAMILY HOMES.

TELL ME WHERE A DUPLEX IS IN THAT AREA.

IT ZONED FOR SINGLE FAMILY UNITS, SINGLE FAMILY, NOT DUPLEXES, CERTAIN SIZES.

IF YOU'RE NOT GOING TO SEE THESE LITTLE THINGS ANYWHERE ELSE, THAT LOCATION UNDER NORMAL, COMPREHENSIVE PLANNING IN THE UNITED STATES, THAT'S BEEN ACCEPTED BY THE SOCIETY OF COMPREHENSIVE PLANNING IS IT SHOULD BE ON A PRIMARY ROAD ADJACENT TO SHOPPING PROFESSIONAL SPACES, ET CETERA.

THAT'S NOT, YOU'RE IN A RESIDENTIAL COMMUNITY, NOT MULTIPLEXING WHERE YOU'RE BUILDING OUT THE NEW ONE, UH, BY MEYER.

THAT'S THE RIGHT LOCATION.

IT'S THE RIGHT LOCATION.

THERE'S NO ISSUE THAT.

THAT'S WHAT IT'S THERE FOR.

APARTMENT LIVING, UH, DUPLEXES.

THAT'S WHERE IT'S SUPPOSED TO BE.

NEXT.

YOU HAVE ONE ENTRANCE FOR VEHICLES.

YOU SATISFIED.

I DON'T KNOW IF THEY READ MY EMAIL ABOUT EMERGENCY ACCESS, BUT YOU PUT YOUR LITTLE, UH, UH, EMERGENCY ACCESS.

ONLY T INTERSECTIONS ARE THE WAY TO GO.

SINCE YOU HAVE A TURN LANE, YOU WILL NEVER GET OUT OF IT ACROSS THE INTERSECTION AT SEVEN O'CLOCK IN THE MORNING TO GO TO WORK.

IF YOU'RE TRYING TO GET OUT OF THE YOLKS, BECAUSE YOU'RE GOING TO HAVE HOW MANY UNITS ARE IN THAT 160, 170 UNITS, 176.

THAT'S MORE THAN WHAT WE HAVE.

HOW MANY DO WE HAVE THINK OF THAT CROSS INTERSECTION.

YOU DON'T WANT A STOP SIGN THERE TO STOP EVERYTHING ON BELL FOUND.

IT'S A THROUGHPUT.

IT'S A SECONDARY ARTERY.

YOU'LL NEVER GET OUT OF THERE.

PLUS YOU'RE GOING TO HAVE BACKUP.

THERE NEEDS TO BE FIXED.

YOU NEED TWO FULL ACCESS POINTS, ONE AT EACH CORNER, BECAUSE THEN THE STREETS WILL BE, THE INTERSECTIONS WILL BE OFFSET AND IT'S MUCH MORE EASY.

IT'S EASIER THAN, AND IT'S ACCEPTED IN TRAFFIC STUDIES.

WHEN THEY DO THE TRAFFIC STUDY, IT'S ACCEPTED THAT WHEN YOU MAKE A LEFT HAND TURN, YOU'LL BE ABLE TO DO IT SAFELY WITHOUT IMPEDING THE OTHER SIDE OF THE ROAD.

YOU LOOK AT FOR ME BEING A PREVIOUS FAR MARSHALL, YES, YOU HAVE HAVE THIS, BUT I WOULD HATE TO BE THE FIRE MARSHALL HERE OR THE FIRE CHIEF HERE AND TO FIGHT A FIRE HERE.

I DREAD.

IF THERE WAS A FIRE ACROSS THE STREET OFF OF A CHAMBERSBURG, I CLASSIFY THOSE AS ZERO LOT LINES.

WHEN ONE GOES UP, THERE'S GOING TO BE MORE GOING UP.

IT'S DANGEROUS FROM THE SAFETY ASPECT, BUT FROM THE PR, FROM THE PEOPLE HAVING THOSE LOTS, NO, UH, NO FRONTAGE TO PARK ON A SMALL BACKYARD, NO

[01:25:01]

STORAGE FOR A BASEMENT, NOTHING WITH ALL DUE RESPECT TO THIS DEVELOPER, IT'S NOT READY FOR PRIME TIME.

I REMEMBER WHEN WE SPOKE TO COUNCIL OVER MANY WEEKS ON THE CHURCH PROPERTY, THEY OVERRULED YOU BY WHAT YOU'RE TRYING TO ACCOMMODATE A DEVELOPER.

YES, YOU NEED TO ACCOMMODATE A DEVELOPER, BUT YOU NEED TO DO IT RIGHT.

THEY OVERRULED.

THERE'S NOW IN AN ORDINANCE, TWO ACCESS POINTS WHERE THAT SMALL PROPERTY COMPARED TO THERE'S TWO ACCESS POINTS FOR VEHICLES.

WHAT'S THE MAX NUMBER OF UNITS THAT CAN GO IN THERE.

30, 33, NOT 42.

LIKE HE HAD PROPOSED THAT WAS APPROVED.

THERE WAS REASONS THERE WAS REASONS YOU DON'T WANT TO MAKE A LIFETIME ERROR.

YOU CAN SEE HOW EXPENSIVE IT IS NOW.

THAT'S ALL I GOT TO SAY, MR. JEFFRIES, MR. FOSTER, THE CALCULATIONS HE'S ASKING ABOUT, AM I CORRECT? THAT WOULD COME AT THE DETAIL.

THIS IS THE BASIC TYPIC.

WE'RE NOT LIKELY TO HAVE THAT IN FRONT OF US RIGHT NOW.

AND THAT'S ENGINEERING, NOT US ANYWAY.

CORRECT? THAT WOULD BE CORRECT.

SO IT'S NOT US.

AND THEN THE DRAINAGE, ALL THE DRAINAGE IN THE DEVELOPMENT WOULD NOT GO INTO THE POND RETENTION POND, RIGHT? WOULDN'T WE BE TYING INTO THE STORMWATER AND UNDERNEATH.

AND SO A HUNDRED PERCENT OF THE DRAINAGE FROM THE DEVELOPMENT IS NOT GOING TO GO TO THE RETENTION POND I WOULD DO FOR, TO THE DEVELOPER ON THAT PARTICULAR QUESTION.

UM, I'M NOT AN ENGINEER.

SO I, UH, I, I WOULD NOT FEEL COMFORTABLE WITH, AND YOU WON'T ANSWER ON THAT.

I WOULD DEFER THAT.

AND THEN OUT OF FAIRNESS TO THE DEVELOPER, I THINK WE SHOULD POINT OUT THAT THAT EMERGENCY ACCESS POINT WAS PRESENTED IN THE ORIGINAL PRESENTATION BEFORE MR. DIXIE EMAIL.

CAUSE THERE WAS A COMMENT ABOUT THAT AND I PERSONALLY WOULD TAKE OFFENSE TO SAYING WE ARE HERE TO ACCOMMODATE A DEVELOPER.

WE ARE A VOLUNTEER RESIDENTS.

THANK YOU.

THANK YOU.

GOOD EVENING.

MY NAME IS MIKE HARMON.

UM, I OWN THE PROPERTY TO THE NORTH THAT IS ON THE, UM, RIGHT ALONG, UH, BEL FONTANE.

SO IN THE IMAGE THERE ON THE NORTHWEST SIDE OF THE PROPERTY, THERE'S A LONG TRIANGLE AND THEN THREE SQUARES ABOVE THAT.

I OWN THE TRIANGLE AND THE FIRST SQUARE THAT IS IMMEDIATELY, UH, NORTH OF THE NORTH OF THE PROPERTY.

SO SOMEBODY ASKED ABOUT THE CREEK, THE CREEK IS WHAT DIVIDES THAT LITTLE WEDGE AND THE SQUARE.

SO THE CREEK IS NOT PROPERTY, I GUESS.

SO I OWN THE PROPERTY I'M, UH, WHICH IMMEDIATELY A BLITZ.

UM, WE MOVED HERE TWO YEARS AGO FROM BEAVER CREEK, FROM, UH, FROM, UH, A NEIGHBORHOOD THAT WAS A LOT LIKE THE OAKS, A NICE PLACE TO LIVE.

WE HAD A GREAT TIME LIVING THERE, BUT WE PURPOSELY BOUGHT THIS HOUSE, UH, BECAUSE OF WHAT PEOPLE HAVE DESCRIBED.

IT'S A VERY RURAL, WE'RE CLOSE TO THINGS, BUT FAR FROM THINGS, IF YOU KNOW WHAT I MEAN, UM, THE HOUSE SITS ON FOR THE COMBINATION OF THOSE TWO PROPERTIES IS FOUR ACRES.

UM, AND MY HOUSE, UH, THERE WAS A COMMENT ABOUT THE CLOSEST HOUSE MY HOUSE SITS, UH, LEFT TO RIGHT ABOUT IN THE MIDDLE, BUT, UH, TOWARD THE NORTH END OF THAT, UH, MY RECTANGLE PROPERTY.

SO, YOU KNOW, WE'RE NOT RIGHT UP AGAINST THAT, UM, NORTHERN BORDER OF THE PROPERTY IN QUESTION.

UM, SO WE MOVED HERE FOR THE PRIVACY, UM, MY HOUSE FACES, UH, SO WE HAVE ONE NEIGHBOR TO THE NORTH, WHICH IS RIGHT UP AGAINST THE CORNER OF BEL FONTAINE AND CHAMBERSBURG.

UM, SO THERE WERE ABOUT AS FAR AWAY FROM US AS WE ARE FROM THIS PROPERTY, UM, THE HOUSE, UH, BOTH OF OUR HOUSES ORIENTED.

SO WE DON'T REALLY LOOK AT EACH OTHER.

SO MOST OF MY WINDOWS ARE ON THE SOUTH AND EAST SIDE.

SO I FACE ALL MY PROPERTY, WHICH IS WHY WE LIKED THE PROPERTY.

IT'S A BEAUTIFUL PROPERTY, THIS, UH, SURROUNDED, UM, ON THE EAST AND SOUTH SIDE WITH, UH, TREES AND BRUSH AND THAT SORT OF THING.

THE, THE IDEA THAT THERE'S GOING TO BE 15 OR SO HOUSES RIGHT UP AGAINST OUR PROPERTY, KIND OF DRIVES ME CRAZY BECAUSE RIGHT NOW, THE WAY IT'S GRADED, IT'S, IT'S HIGHER.

IT'S MUCH HIGHER THAN OUR PROPERTY.

THE CREEK, OBVIOUSLY IT WAS A LOW POINT AND IT GOES UP.

SO EVEN OFFENSES WERE ALLOWED.

YOU COULDN'T KEEP ME FROM SEEING THE FENCES BECAUSE THERE'S, YOU KNOW, THERE'S BRUSH AND THEN THERE'S TREES AND I'D BE LOOKING OVER THE BRUSH RIGHT AT ALL THE BACK OF THE HOUSES.

SO, UM, THAT DOESN'T REALLY SOLVE ANYTHING.

THERE'S NO VISUAL BLOCKAGE, WHICH IS THE WHOLE REASON I, I BOUGHT THIS HOUSE, UM, TALKED ABOUT ABSORPTION.

UH, THE CREEK USUALLY RUNS ABOUT SIX TO EIGHT INCHES DEEP.

YOU COULD WALK THROUGH IT AND YOU'RE IN YOUR SHOES AND MAYBE NOT GET IT OVER THE TOP OF YOUR SHOES ON A NORMAL DAY.

HOWEVER, WHEN THERE'S A GOOD RAIN, YOU KNOW, LIKE A DECENT STORM, LIKE THE OTHER NIGHT, IT'LL RUN SIX TO SEVEN FEET DEEP.

UM, AND IT WILL RUN AT 10 KNOTS.

IT WILL, IT I'M CONCERNED IF MY DOGS EVER JUMPED IN THERE, THEY'D BE GONE.

[01:30:01]

I THINK IF I FELL IN THERE, IT WOULD TAKE ME DOWNSTREAM PRETTY, PRETTY QUICKLY.

UM, AND THAT'S WHAT THE FIELD THERE THAT ABSORBS A LOT OF, A LOT OF WATER.

LIKE WE TALKED ABOUT, UM, WE BOUGHT THIS HOUSE FOR VISUAL PIECE OF IT, BUT ALSO, UH, NO NOISE.

WE TALKED ABOUT ALL THE NUMBER OF CARS.

UM, SOMEBODY MENTIONED THE DRAG STRIP.

THAT'S EXACTLY WHAT I CALL IT.

UH, IT'S ANNOYING ANYBODY WHO LIVES IN THAT AREA KNOWS WHAT I'M TALKING ABOUT.

PEOPLE FLOOR IT, AND THERE'S ALL KINDS OF NOISE.

UM, ADDING A HUNDRED, ASSUMING EVERYBODY HAS ONE CAR, A HUNDRED AND SEVENTY SIX, TWO ON TWO TIMES 132.

OKAY.

SO 130, TWO TO 200, SOME CARS GOING IN AND OUT OF THERE.

UM, THE OTHER THING IS WE HAVE DOGS.

UM, FUNNY ENOUGH, THEY COMMUNICATE WITH THE DOGS OVER IN THE, IN THE OAKS.

WE CAN HEAR THEM BARKING, NOT A LOT, BUT YOU HEAR A WOLF WOLF AND THEN A WOLF WOLF AND WE WALK OUR DOGS THERE.

SO I THINK THEY, THEY KNOW THEIR VOICES, UH, WITH, WITH NO FENCES ALLOWED.

UH, I IMAGINE THAT SOME OF THESE PEOPLE ARE GONNA HAVE DOGS AND THEY'RE GONNA BE RIGHT UP AGAINST OUR PROPERTY.

AND I JUST DON'T THINK THAT NOISE WOULD EVER STOP.

I THINK ALL THE DOGS IN THE ADJACENT PROPERTIES THAT BARK AT EACH OTHER AND OUR DOGS WOULD BARK AT THEM AND BE KIND OF CRAZY.

UM, SO IT'S DISAPPOINTING TO ME THAT I, THAT I PURPOSELY MOVED UP HERE FOR WHAT HUBER HEIGHTS HAD OFFER.

RIGHT.

I MEAN, I, I, WE, THE WHOLE MILE FROM THE GAS STATION THING, I TELL PEOPLE I COULD WALK TO WATCH THE PLACES IF I WANTED TO, BUT I DON'T SEE THEM.

THAT'S KIND OF HOW I DESCRIBED MY HOUSE.

UM, I, UH, IT'S KIND OF BOTHERSOME THAT, THAT WE SPENT THE MONEY TO BUY THE HOUSE AND GET WHAT WE WANTED ONLY TO HAVE IT TURNED INTO WHAT THIS IS.

SO I THANK YOU FOR YOUR TIME.

GOOD EVENING.

UM, MY NAME IS WILLIAM CLARK AND I'M THE CURRENT PRESIDENT OF THE HUBER HEIGHTS OAKS, UH, HOMEOWNERS ASSOCIATION.

UM, AS HOMEOWNERS, WE LOOK FOR VARIOUS THINGS THAT, UH, THAT WHEN WE'RE BUYING A HOME LOCATION SCHOOL, UH, RETAINING THE PROPERTY VALUE OF THAT HOME THAT WE BOUGHT THE GENTLEMAN JUST BEFORE ME SPOKE ABOUT WHAT HE LOOKED FOR WHEN HE MOVED HERE.

AND SO, UM, I WAS JUST KINDA ASTOUNDED BY THE NUMBER OF UNITS THAT WE'RE TALKING ABOUT PLACING ACROSS THE STREET 132 UNITS.

THAT'S A LOT OF UNITS IN A VERY CONDENSED AREA.

IF YOU LOOK AT THE AREA, THERE'S A SUBSTATION ON ONE SIDE, THERE IS ON THE OTHER SIDE IS KIND OF LANDLOCKED FOR ANYTHING ELSE TO BE BUILT OR BUILT OUT.

SO YOU'RE TALKING ABOUT THE DENSITY THERE OF JUST THE AMOUNT OF PEOPLE, THE AMOUNT OF HOMES AND THE LACK OF ABILITY FOR ME NOT TO TOUCH MY NEIGHBOR NEXT DOOR.

WE TALKED A LOT.

WE ALSO TALKED A LOT ABOUT, UM, MAKING MISTAKES OR TRYING TO CORRECT PRIOR MISTAKES.

ONE OF THE, I THINK PROBABLY THE LAST COUPLE OF TIMES BEFORE THIS ONE, I SPOKE AT THE COUNCIL AND ONE OF THE MAIN THINGS WAS TO RETAIN, UH, THAT TEN-YEAR PLAN THAT THE CITY PUT FORTH OF HOW WE SHOULD LOOK AS A COMMUNITY AND WHAT THAT COMMUNITY SHOULD LOOK LIKE AS WE GO FORWARD.

I THINK EVERYONE HERE UNDERSTANDS PROGRESS.

I THINK WE UNDERSTAND WHAT IT NEEDS TO LOOK LIKE IN THE FUTURE, BUT I'LL ALLOW IT TO REMAIN SOME SEMBLANCE TO WHAT IT WAS IN THE, IN THE, IN THE FUTURE THAT DOES NOT DICTATE ANYTHING THAT WE LOOK LIKE CURRENTLY OR WHAT WE SHOULD LOOK LIKE IN THE FUTURE.

WE'RE TALKING ABOUT PUTTING DUPLEXES HERE.

WE'RE TALKING ABOUT PUTTING THE, THIS APARTMENT TYPE, THE CLOSEST THING TO SOMETHING LIKE THAT IS ON, UM, BELL FOUNTAIN, UM, WHATEVER DIRECTION THAT IS, UH FISHBURG AND SO AT, AND YOU CAN WRITE IT IMMEDIATELY.

AND, AND SO ONE OF THE THINGS WE'RE TALKING ABOUT IS RETAINING PROPERTY VALUE.

IF I GOT THE NUMBERS, RIGHT, WE'RE TALKING THE MOST, THAT ONE OF THOSE UNITS WOULD GENERATE AT SOMEWHERE AROUND $230,000.

EVERY SINGLE HOME OWNER THAT IS IN THE OAKS SPENT MORE THAN THAT FOR THEIR HOMES.

EVERY LAST ONE.

SO NOW YOU'RE TALKING ABOUT WHEN WE TALKING ABOUT SELLING BY THAT DRIVES THE PROPERTY VALUE OF THOSE HOMES DOWN AUTOMATICALLY.

AND SO WHY WOULD I,

[01:35:01]

WHY WOULD I TAKE AN INVEST? MY WIFE AND I, WE LIVED IN HUBER HEIGHTS PRIOR TO MOVING TO THOSE.

WE MOVED TO THE OAKS BECAUSE OF THE TYPE OF ENVIRONMENT IT PROVIDED THE NEIGHBORS THAT IT PROVIDED AND THE COMMUNITY FOR GROWTH THERE IN THE OAKS.

ONE OF THE THINGS THAT BOTHERS ME IS THAT IF I DON'T MAINTAIN GOING IN THE DIRECTION THAT I STARTED IN, AND I START TO, UH, VEER OFF OF THAT PATHWAY, THEN I ALLOW FOR ANYTHING AND BELIEVE IT OR NOT, WE VEERED OFF THAT PATHWAY WHEN WE ALLOW THE DH HORTON GROUP TO BUILD OVER THERE NEXT TO US, BECAUSE THEIR HOMES ALL WITH ALL, WE TALK ABOUT THIS 25%, A STONE FOOTAGE, WE ALLOWED THEM TO PUT JUST STONE ON THE FRONT OF THOSE HOMES.

THAT WAS NEVER THE PLAN FOR ANY OF THE HOMES.

AND SO WE VEERED OFF, WE ALLOWED FOR SOMETHING THAT WAS NEVER THERE.

NOW WE'RE TALKING ABOUT VEERING OFF EVEN TO A GREATER DISTANCE THAN WE'VE EVER FEARED BEFORE.

SO NOW I CHANGED THE ENTIRE, UH, FOOTPRINT OF THOSE PROPERTY AND HOMES THAT ARE THERE.

I CHANGED THEIR PROPERTY VALUE.

I LOSE VALUE BECAUSE OF A DECISION LIKE THIS OR ONE THAT IS RIGHT UP THE STREET FROM ME.

SO I ASKED THAT WE TAKE A REAL CLOSE LOOK AT THIS, NOT APPROVE THAT PLAN, NOT APPROVE IT AND STAY WITH THE COMPREHENSIVE PLAN THAT HAS ALREADY BEEN SET FOR IF IT NEEDS SOME TWEAKING, LET'S DO THAT, BUT LET'S NOT CHANGE IT.

LET'S NOT THROW IT AWAY.

LET'S MODIFY IT TO GET TO THAT POINT THAT WE NEED TO BE.

THANK YOU.

THANK YOU.

HELLO.

MY NAME'S MELISSA WEINER.

I OWN THE MAJORITY OF THE LAND TO THE SOUTH OF THE PROJECT THAT THEY'RE WANTING TO DEVELOP.

UM, AND WITH THE, THE LOT IS WHERE I HAVE A CONCERN.

I HAVE SEVERAL PONDS THAT ARE 30 FEET DEEP, AND WITH NEIGHBORS THAT CLOSE, THAT REALLY CONCERNS US.

UM, WE ALSO HAVE LARGE ANIMALS, UM, LOTS OF FARM EQUIPMENT.

UM, SO THAT ALL THAT CONCERNS ME AS THIS DEVELOPMENT MOVES FORWARD.

SO I WOULD SUGGEST IT NOT GO FORWARD.

I DON'T THINK IT MEETS, UM, I'VE LIVED THERE.

MY FAMILY'S THERE FOR 50 YEARS.

UM, I DON'T, UM, MY KIDS IS GROWN UP THERE.

MY PARENTS, MY CHILDREN, MY GRANDKIDS ARE GROWING UP THERE.

SO I DON'T THINK THAT, LIKE HE SAID, THE NEIGHBOR THAT I'VE MET BECAUSE HE'S FAR AWAY.

UM, I JUST DON'T, IT'S THE, I MOVED OUT THERE.

I WAS IN THE CITY.

I MOVED OUT HERE TO BE, UH, NOT AWAY FROM PEOPLE, BUT TO BE ABLE TO ENJOY MY BACKYARD, TO BE ABLE TO GO HONEY, TO BE ABLE TO GO FISHING.

UM, SO I POST THIS.

THANK YOU.

THANK YOU.

I GOT A QUICK, EVERYBODY THAT SPOKE QUITE ELEGANT TELLING US OF ALL OUR FEELINGS AND WHERE WE STAND.

UH, MY NAME IS DON STEWART.

I WAS WRITING IT DOWN.

I'M SORRY.

ANYWAY, MR. CHAIRMAN, MY QUESTION TO YOU, WHERE DO WE GO FROM HERE? CAN YOU EXPLAIN EVERYTHING THAT HAS BEEN SPOKEN? SWEAT OF HOW EVERYBODY FEELS FROM WHERE WE STANDING RIGHT NOW AND Y'ALL DECISIONS? WHERE DOES IT, WE GO, WHERE DO WE GO FROM HERE? IN OTHER WORDS, I KNOW Y'ALL NOT GOING TO SAY IT'S NOT GOING TO HAPPEN.

IT'S ONE OF THE PROCEDURES.

SO WE ALL KNOW WHAT PATH WE GOT TO GO THROUGH TO MAKE SURE THAT THIS DOESN'T HAPPEN.

AND IF IT DOES, YOU CAN JUST, YOU CAN JUSTIFY WHILE IT HAS, YOU KNOW, HOW COME IT HAD TO HAPPEN BECAUSE WE LOST THE LAST TIME BUILDING.

BUT MY BEHIND MY HOME, THE CHURCH, WE DON'T WANT TO LOSE THIS ONE.

AND STILL, I THINK THAT WE COME, WE COME, RIGHT.

THEY GOT THE NUMBERS, THEY GOT EVERYTHING.

RIGHT.

BUT AS THE COUNCIL, AS THE COMMISSION, WHAT GROUNDS DO Y'ALL HAVE, WHAT POWERS DO, Y'ALL HAVE TO MAKE SURE THAT THIS DOESN'T HAPPEN.

UH, MY UNDERSTANDING IS NONE.

THIS IS A RECOMMENDATION TO COUNCIL.

YES.

SO OUR INPUT IS A RECOMMENDATION, BUT THEY DO TAKE OUR INPUT.

NOW, WHEN YOU JUST MENTIONED, YOU LOST THE LAST TIME.

YEAH.

I THINK YOU GUYS ACTUALLY WON THE LAST

[01:40:01]

TIME, GIVEN THE AMOUNT OF CONCESSIONS FROM WHERE IT STARTED TO WHERE IT FINISHED.

SO I THINK THAT WAS A LOT OF CONCESSIONS GIVEN MULTIPLE, UH, CHANGED HANDS OF OWNER TO DEVELOPER FROM TYPE OF PRODUCT, TO TYPE OF PRODUCT, TO MORE CONFORMING TO THE NEIGHBORHOOD.

THIS PRODUCT OFFERS A DIVERSITY OF PRODUCT THAT IS NOT IN OUR NEIGHBORHOOD RIGHT NOW, AND IS CURRENTLY SELLING IN OTHER COMMUNITIES.

THERE ARE MANY PEOPLE WHO DO NOT WANT NO OFFENSE TO YOU GUYS, BEAUTIFUL HOMES AND BIG LOTS AND BASEMENTS, BUT THERE ARE MANY PEOPLE WHO DON'T WANT THAT AND DON'T NEED THE EXTRA STORAGE.

THESE LIFESTYLE COMMUNITIES, A PATIO HOMES DO SELL IN AREAS AROUND OUR COMMUNITY AND SOUTH OF HERE NOW TO SAY, IS IT A PERFECT FIT THE WAY IT IS HERE WITH DIFFERENT ACCESS POINTS AND ALL THAT.

I MEAN, THERE'S A LOT OF QUESTIONS, BUT YOU GUYS HAVE TO REMEMBER ONE OF YOUR NEIGHBORS CHOSE TO SELL THIS LAND TO THE DEVELOPER ALSO.

AND ALL OF YOU WHO LIVE IN THE OAKS, NOT TOO LONG AGO, LIVED ON LAND THAT LOOKED EXACTLY LIKE THIS OR THAT YOUR HOUSE WAS OKAY.

SO WE ARE PUT IN THOSE POSITIONS AS WELL, AS I SAID, WE'RE VOLUNTEERS.

AND I DON'T MEAN TO SOUND A LITTLE BIT PUSHING BACK, BUT THERE IS SOME ANTAGONISTIC TONE FROM CERTAIN PEOPLE AT TIMES, THIS IS NOT THE OAKS ACROSS THE STREET.

THIS IS A DIFFERENT PRODUCT, A DIFFERENT NEIGHBORHOOD.

THESE HOMES PROBABLY DON'T APPEAL TO YOU GUYS, BUT THEY DO APPEAL TO OTHERS.

OKAY.

SO OUR RECOMMENDATION IS A RECOMMENDATION.

IF WE VOTE NO FIVE, IT STILL GOES TO COUNCIL, CORRECT? UH, THAT IS CORRECT.

SO ANY WHATEVER DECISION IS MADE THIS EVENING BY PLANNING COMMISSION IS A RECOMMENDATION TO THE CITY COUNCIL AND A FUTURE COUNCIL WORK SESSION.

THIS WILL BE DISCUSSED IN A FUTURE COUNCIL WORK, UH, FUTURE COUNCIL MEETING, THERE WILL BE A PUBLIC HEARING, UM, WHICH AGAIN, WOULD BE OPEN TO EVERYONE.

AND THE ULTIMATE DECISION, UH, FOR THE, THE REZONING AND THE BASIC DEVELOPMENT PLAN WOULD BE MADE BY CITY AGAIN.

OKAY.

THANK YOU.

BECAUSE THE KEY WAS WHEN YOU KEPT SAYING REZONING AND I'M LIKE WE TOLD MY REZONING IS IT'S GOING TO BENEFIT US.

I HEARD THE CHAIRMAN ACTUALLY MADE SURE THAT IT WAS NOT THE OATS.

IT WAS ACROSS THE STREET FROM THE OBES AS FAR AS THE TIE IN AND ALL OF THAT.

SO I KNEW EXACTLY WHAT TO THE LEVERAGE OF WHERE WE STOOD, BUT I WANTED TO KNOW FROM HERE, WHERE DO WE GO? OKAY.

THANK YOU.

DO ANYONE ELSE WISHING TO SPEAK ON THIS ZONING? COME RIGHT AHEAD.

WOW.

OKAY.

UM, I HEAR THE ISSUES THAT COME UP A LOT IN THESE CASES.

UM, I JUST WANT TO REBOOT A COUPLE THINGS.

THE, THE IMPERVIOUS SURFACE ISSUE THAT'S, UH, THAT IS A ENGINEERING CALCULATION.

SO THE POST DEVELOPMENT WATER KINETICS CANNOT LEAVE THE SITE EQUAL TO THE PRE-DEVELOPMENT WATER.

THAT'S AN ENGINEERING EXERCISE.

UM, AS FAR AS FINES AND, AND NOT BEING COMPLIANT, THAT'S DETERMINED UPFRONT EARLY BY ENGINEERING AND IT'S AN ENGINEERING PRACTICE.

SO THERE IS IMPERIOUS SURFACE.

IT WILL BE RETAINED AT THE END RELEASE THAT THE PRE-DEVELOPMENT RATE.

SO THAT'S A STRICTLY A SCIENTIFIC CALCULATION.

UM, NOBODY MENTIONED THE LANDINGS OF HUBER HEIGHTS, WHICH IS A, NOT A SINGLE FAMILY HOME, BUT THE, THE, UM, ASSISTED LIVING ON THE CORNER OF CHAMBERSBURG AND FITCHBURG.

THAT'S A LITTLE BIT DIFFERENT PRODUCT, BUT FROM A LAND PLANNING PERSPECTIVE, WHEN I LOOK AT SITES, YOU TALK ABOUT TRANSITIONS, TRANSITIONS ZONE.

SO YOU GO FROM A MORE DANCE TO A DANCE, TO A RAISE OR A COMMERCIAL USE.

SO THAT ON THE CORNER IS A LITTLE BIT DIFFERENT ANIMAL THAN A SINGLE FAMILY HOME AND AN ATTACHED HOME, BUT IT WORKS AS FAR AS A TRANSITION OF WHEN YOU TALK ABOUT LAND USES AND, AND TRANSITION ZONES, YOU'VE GOT SOMETHING THAT'S NOT A SINGLE FAMILY DEVELOPMENT ON THE CORNER, AND THEN YOU WOULD GO TO A DIFFERENT, NOT SINGLE FAMILY USE ADJACENT TO THAT PROPERTY, TYPICALLY AS A TRANSITION ZONE.

SO, UM, THE ACCESS POINTS, I THINK THERE WERE TWO ACCESS POINTS DESCRIBED ON THE PROPERTY OF THE CORNER, BECAUSE THERE ARE TWO PUBLIC ROADS, FITCHBURG AND CHAMBERSBURG.

I THINK THAT MAY BE WHY THERE WAS TWO ACCESS POINTS REQUESTED THERE.

UM, I THINK THE, THE BIGGEST, UM, THING IS THE PROPERTY VALUES.

I'LL GET BACK TO THAT.

BUT I THINK TOO, FOR A CITY VISION, I THINK THE POINT I HEARD WAS SIGNIFICANT THAT IT'S PART OF THE CITY'S DUTY TO PROVIDE ALTERNATIVES TO SINGLE FAMILY HOME, TO PRO TO PROVIDE A STOCK OF HOUSING THAT IS NOT ALL SINGLE FAMILY,

[01:45:01]

BUT IT CATERS TO OTHER NEEDS OF OTHER PEOPLE THAT WANT TO LIVE IN THE COMMUNITY, NOT JUST SINGLE FAMILY, LOTS ON BIG HOMES ON BIG LOTS.

SO PROVIDING A VARIETY OF HIGH HOUSING STOCK, I THINK IS AN IMPORTANT POINT FOR A CITY AS THEY LOOK FORWARD AND THEIR LAND PLAN.

UM, THE PROPERTY VALUE ARGUMENT.

WE HEAR A LOT OF THAT.

UM, THE WAY THAT ACTUALLY WORKS IN THE REAL WORLD IS WHEN SOMEBODY SELLS THEIR HOUSE.

THE USUALLY THERE'S COPS, THE COMPREHENSIVE ANALYSIS OF WHAT DOES A SIMILAR HOUSE SELL FOR THAT DETERMINES THE VALUE OF THAT PROPERTY.

SO IF YOU HAVE A FOUR BEDROOM HOUSE ON AN ACRE SITE, THE COMPS WILL LOOK AT OTHER FOUR BEDROOM HOUSES ON AN ACRE SITE AND SAY, THIS IS WHAT IT'S SOLD FOR.

THEREFORE, THIS IS THE VALUE OF YOUR HOUSE TO SAY THE HOUSING VALUES IN THE EXISTING COMMUNITY ARE GOING TO BE AFFECTED.

THE PRODUCT WE'RE PROPOSING IS NOT COMPARABLE TO THE SINGLE FAMILY HOUSING.

SO WHEN YOU SAY, UM, THIS IS GOING TO DEGRADE MY PROPERTY VALUES, I DON'T SEE, IT'S NOT APPLES TO APPLES, IT'S APPLES AND ORANGES.

SOMEBODY GOING TO DO A COMPREHENSIVE STUDY OF WHAT'S SOLD IN THE AREA RELATIVE TO WHAT IS SIMILAR TO THE PRICE POINT OF THE PERSON SELLING THE HOUSE.

SO THOSE ARE A COUPLE OF THINGS I JUST WANTED TO ADD, YOU KNOW, ANSWERING SOME OF THE CONCERNS THAT WE HEARD.

SO, UH, I'M, I'M HERE TO ANSWER ANY QUESTIONS AS WELL.

SO THANK YOU FOR YOUR TIME AGAIN, MR. JEFFREY, QUICK QUESTION, LOOKING AT THE MAPS OF THE RESIDENT TO THE NORTH, WHERE WE'VE GOT THE KIND OF THAT WEDGE, WHERE THE CREEK COMES THROUGH AND THEN RESIDENTS TO THE SOUTH.

I MEAN, DO WE HAVE ROOM FOR, CAUSE I SEE WE'VE GOT A MOUND IN THE FRONT WITH LANDSCAPING AND STUFF AND I'M SURE THE DETAILED PLAN WE HAVE THE LANDSCAPE PLANS, BUT WITH THAT WEDGE, THAT MUCH SPACE, IS THAT, I MEAN, DO WE NEED THAT MUCH SPACE BECAUSE OF THE WATER IN THE CREEK? OR DO WE HAVE ROOM TO LANDSCAPE PUT A BIT OF A BARRIER COMING AROUND THE EDGE OF THE PROPERTY? I MEAN, OBVIOUSLY WE CAN'T GO ALL THE WAY TO THE BACK.

I DON'T THINK BECAUSE OF THE WAY IT KIND OF COMES TO A POINT WITH RUNOFF, BUT DO WE HAVE ROOM TO PUT A BIT OF A NATURAL BARRIER ANYWHERE ON THESE EDGES? UM, WHEN I LOOK AT THE AERIAL MAPS, THE GOOGLE AREA, AERO MAPS, I SEE THERE'S SIGNIFICANT TREES ON BOTH, ALL THE SURROUNDING PROPERTIES.

THEY'RE SIGNIFICANT BUFFER IN PLACE ALREADY PICK, KEEP THOSE WELL, THEY'RE NOT OUR PROPERTY.

OKAY.

AND AS FAR AS THAT WEDGE, UM, THAT'S NOT OUR PROPOSED PROPERTY.

SO THERE, THERE MAY BE AN OPPORTUNITY TO PROVIDE SOME SCREENING.

BUT IF YOU LOOK AT THE AERIAL MAP, THERE'S SIGNIFICANT BUFFER IN PLACE ON THOSE PROPERTY LINES ALREADY.

UM, ALSO I GUESS I FORGOT TO REBUT ONE, ONE OF THE THING, THERE WILL BE NO FENCES OR SHEDS ON THIS PROPERTY.

SO, UM, AS FAR AS THE DOGS BARKING, UM, THAT'S, THAT'S WHAT I HAVEN'T HEARD BEFORE, BUT THERE, THERE WILL BE PEOPLE THAT HAVE DOGS, SO I CAN'T CONTROL, UH, DOGS BARKING, BUT, UM, UM, I'M SURE THERE WILL BE DOGS THERE.

SO THIS MAY BE MORE A QUESTION FOR MRS. MRS. GONZALEZ, BUT YOU GUYS HAVE BUILT THIS PRODUCT IN OTHER AREAS.

I'D IMAGINE THERE'S A CERTAIN DEMOGRAPHIC THAT, YOU KNOW, SO THE, THE NUMBERS TOSSED OUT ABOUT THE NUMBER OF CARS PER HOUSE AND THAT KIND OF STUFF.

I WOULD IMAGINE YOU GUYS HAVE SOME DATA AROUND WHAT YOUR EXPECTED BUYER IS GOING TO LOOK LIKE.

YEAH.

IT'S TYPICALLY NOT FAMILIES.

SO IT'S TYPICALLY, UM, WE, WE'RE SAYING 55 AND OLDER AND I CAN'T, I CAN'T SAY IT'S A 55 OR OLDER COMMUNITY, BUT THAT'S THE DEMOGRAPHIC TO ANSWER YOUR QUESTION.

THERE WILL BE A ROOM FOR TWO CARS IN THE DRIVEWAY.

I CAN'T DISPUTE THAT PEOPLE WILL NOT STORE THINGS IN THEIR GARAGE.

UM, BUT, BUT THESE ARE, IN OUR OPINION, THE DEMOGRAPHIC IS PEOPLE SORT OF DOWNSIZING, NOT BRINGING A LOT OF STUFF WITH THEM.

SO WILL THERE BE STORAGE IN THE GARAGE IS I'M SURE THERE WILL BE, WELL, THERE'LL BE CARS PARKED ON THE STREET.

I'M SURE THERE WILL BE, BUT THERE'S ALSO TWO CARS IN EACH DRIVEWAY.

AND YOU KNOW, WE CAN LOOK AT PROVIDING SOME POCKETS OF OFF STREET PARKING.

IF WE CAN FIT THOSE IN SOMEWHERE, WE CAN LOOK AT THAT FOR PEOPLE THAT ARE HAVING PARTIES OR GUESTS OVER.

SO WE'LL BE GLAD TO REVISIT THAT ISSUE TO PROVIDE SOME ADDITIONAL OFF STREET PARKING, BUT THESE ARE A 27 FOOT BACK TO BACK STREETS.

SO THEY'RE LIKE EVERY OTHER SUBDIVISION STREET WHERE THERE WILL BE OPPORTUNITY TO PARK ON THE STREET.

THANK YOU.

ANY ONE ELSE? JUST A QUICK COMMENT ON THE TREES.

UM, IF YOU LOOK AT IT FROM THE, YOU WILL SEE TREES THAT LINE THE SOUTH AND EAST SIDE OF MY PROPERTY, BUT REMEMBER LEAVES DON'T GROW ON THE GROUND.

THEY GROW SIX OR EIGHT FEET UP SO YOU CAN SEE RIGHT THROUGH IT.

SO AGAIN, THAT'S MY ISSUE WITH THE VISUAL BARRIER, ASIDE FROM ALL THE OTHER THINGS.

EVEN

[01:50:01]

IF WE, IF YOU WERE TO SNAP, SNAP YOUR FINGERS AND IT WOULD ALL APPEAR TODAY, I STILL WOULD LOOK RIGHT INTO THE BACK.

ALL THOSE BACKYARDS.

THERE'S ALMOST NO WAY TO DO ANYTHING ABOUT IT UNLESS YOU WERE TO BUILD SOMETHING NATURAL OR OTHERWISE, UM, OR, OR PLANT SOME KIND OF GROUND COVER THAT GOES FROM ZERO TO EIGHT FEET OR 10 FEET.

AND I DON'T KNOW WHAT THE GRADING IS GOING TO LOOK LIKE, BUT IF IT STAYS WHERE IT IS, IT, YOU KNOW, I LOOK, I LOOK UPHILL AT THOSE AT WHERE THOSE HOUSES ARE GONNA BE.

THAT'S MY REAL QUICKLY, SINCE HE, UM, SINCE THE DEVELOPER OR HE WANTED TO REBUFF THE STATEMENT ON PROPERTY VALUE, I'D LIKE TO COUNTER THAT AT.

SO HE IS EXACTLY CORRECT WHEN IT COMES TO LOOKING AT HOMES OF LIKENESS, IF IT'S A FOUR-BEDROOM ON SO MUCH ACREAGE AND THE SETTLING, THEY DO USE THAT AS ONE OF THE MANY CALCULATIONS THAT THEY USE TO DETERMINE THE VALUE OF THAT HOME IN THAT PROPERTY.

THAT IS ONLY ONE, THE OTHERS ARE THE NOT ONLY THE HOUSES IN THE AREA THAT ARE COMPARABLE, UM, MATERIAL THAT ARE COMPARABLE DESIGN THAT THEY ALSO USE AS A CALCULATION.

SO IF I HAVE THINGS THAT DO NOT COMPARE, AS HE SAID, APPLES TO ORANGES, THEN, THEN THE GENERAL GENESIS OF, OF LOOKING AT THE PROPERTY AND THE HOMES IN THAT PARTICULAR AREA ARE AT THE MEDIUM.

THEY'RE NOT AT THE TOP, THEY'RE NOT AT THE BOTTOM, BUT THEY'RE IN THAT MEDIUM RANGE.

SO IF YOU HAVE HOMES THAT ARE AT THE TOP, LIKE HE SAID, BIG HOMES, BIG LOTS THAT ARE AT THE TOP, AND YOU HAVE THESE OTHERS THAT ARE SOMEWHERE IN THERE, THAT'S WHERE THE VALUE COMES IN AND THAT'S WHERE THEY, HOW THEY SIZE HOMES.

SO THAT'S THE ONLY PART OF IT.

AND YOU KNOW, THAT'S ONLY ONE OF THE REASONS.

THANK YOU, MR. JEFFERSON.

SORRY.

ARE YOU MR. HEINZ BERKSHIRE? SO YOU'RE THE ONE THAT SUBMITTED A LETTER AS A REALTOR, CORRECT.

SO GIVEN WHAT HE JUST DESCRIBED, AM I NOT CORRECT THAT IF YOU HAD A SALE UP FOR APPRAISAL AND THAT APPRAISAL COMP CAME IN AND PUTTING A DETACHED SINGLE FAMILY WITH A BASEMENT AND A LARGE LOT UP AGAINST AN ATTACHED SINGLE FAMILY, NO BASEMENT, SMALL LOT, YOU WOULD RAISE A LOT OF NOISE IF THAT SHOWED UP AS A COMP WOULDN'T YOU? OH YEAH.

THANK YOU.

EXCUSE ME, SIR.

COULD YOU COME TO THE PODIUM AND STATE YOUR NAME PLEASE? UM, MY NAME IS RON HEINZ.

I LIVE, UH, IN THE OAKS, UM, AS A REALTOR ON APPRAISALS, THEY DEFINITELY WOULD TRY TO USE COMPS AT A VERY SIMILAR THREE BEDROOM, FOUR BEDROOM BASEMENT, NO BASEMENT, TWO CAR GARAGE, UM, NUMBER OF BATHROOMS AND ALL THAT.

HOWEVER, THEY DO ALSO COMPARE THE AREAS THAT THE SURROUNDING COMMUNITIES, BECAUSE THOSE ARE ALL FACTORS, JUST AS A VIEW, WHAT THEY CALL A VIEW AND APPRAISAL.

WHAT DO YOU, WHAT DO YOU VIEW OUT YOUR BACK DOOR, YOU OUT YOUR FRONT DOOR INSIDE.

SO THOSE ARE ALL FACTORS.

SO THAT DEFINITELY WITH THOSE PATIO HOMES ACROSS THE STREET FROM THE OAKS, THAT'S DEFINITELY GOING TO BE A DOWNSIDE ON APPRAISALS.

AND YET THE AVERAGE, THE AVERAGE, UH, ANY OAKS RIGHT NOW IS 322,000.

SO ABOUT MAYBE A COUPLE OF MONTHS AGO SO THAT THEY ARE INCREASING.

WHEN I, WHEN I MOVED FIRST MOVED THERE THREE MONTHS, ABOUT THREE YEARS AGO, IT WAS ABOUT 3 0 5.

SO IT'S GONE UP QUITE A BIT WITH A GOOD SELLERS MARKET RIGHT NOW.

CORRECT.

THANK YOU.

OKAY.

ANYONE ELSE WISHING TO SPEAK ON THE SONY CASE? TRACY HARMON, HOMEOWNER AND THE PROPERTY NORTH OF THE, UH, PLANNED, UM, COMMENTS? MY COMMENT IS OUR LIVING SPACE LOOKS OUT AT THIS.

THAT'S WHAT I WOULD LOOK AT ALL DAY, ALL DAY, EVERY DAY, AND I'M HOME ALL DAY.

AND I LOVE WHERE WE LIVE.

I LOVE THIS AREA.

LIKE I SAID, I'M CLOSE TO EVERYTHING.

UM, BUT I DON'T HAVE TO LOOK AT IT.

AND I JUST, WE MOVED INTO THIS PLACE AND I LOVED IT AND I'M GOING TO DIE THERE.

AND I PLANNED TO HAVE MY HOSPITAL BED LOOKING OUT NOW.

I DON'T WANT IT THERE.

UM, I HAVE A QUESTION TOO ABOUT THE, IT WAS GOING ABOUT SEWAGE AND, UM, YOU KNOW, CITY, WATER, CITY SEWER.

AND IT MENTIONED SOMETHING ABOUT A PUMP PUMPING SOMETHING.

I, IF I COULD GET THAT INFORMATION AGAIN, MR. FOR SURE.

SO AS A PART OF THE PROJECT, UM, THERE'S A PUMP STATION NOW I'M ASSUMING.

AND I WOULD, AGAIN, DEFER BECAUSE I'M NOT AN ENGINEER OR A DESIGNER OF ANY KIND.

SO I WOULD DEFER TO MR. , UH, TO ELABORATE ON THAT, BUT THERE IS A PUMP STATION THAT IS PROPOSED FOR MR. GOLDEN ON THAT

[01:55:08]

IT'S, UH, UH, SANITARY SEWER LIFT STATION IS WHAT, HOW THE OAKS ARE.

HUBER HEIGHTS IS SEWARD AS WELL.

THERE'S A LIFT STATION THAT, UM, IS ON BEL FONTAINE.

THAT THAT'S HOW THE OAKS IS SEWERED.

A LIFT STATION ON OUR PROPERTY IS SAME AS, AS THAT PROPERTY.

SO WHAT IT DOES TO TRY TO ANSWER THE QUESTION, BECAUSE THE ELEVATION OF THE GRAVITY SEWER THAT'S IN THE ROAD FLOWS TO A TREATMENT PLANT BY GRAVITY.

THAT'S WHY IT'S A GRAVITY SEWER.

WHEN YOU HAVE A PIECE OF LAND THAT CAN'T FLOW GRAVITY.

IN OTHER WORDS, IT'S TOO LOW.

IT CAN'T GET INTO THE GRAVITY SEWER BY GRAVITY.

ALL THE SEWAGE ON THE SITE IS COLLECTED TO ONE CENTRAL LOCATION, PUMPED TO THAT GRAVITY SEWER, WHICH THEN FLOWS TO THE TREATMENT PLANT.

THERE'S A, THERE'S A LIFT STATION AT THE OAKS.

IT'S SORT OF A NON-ISSUE, IT'S, IT'S JUST A WAY OF HANDLING SANITARY SEWER FOR A SUBDIVISION.

IT'S COMMON.

SO IT'S COMMON PRACTICE IN SUBDIVISION.

I THINK YOU GUYS HAVE SEEN THOSE BEFORE.

ONE MORE THING WHEN IT COMES TO THE PONDS OUT BACK, AND THIS IS 15 FEET OR 20 FEET, THE, FROM MY POND TO THEIR PROPERTY LINE WOULD PROBABLY BE LESS THAN 20 FEET.

AND EVERYBODY KNOWS EVERYBODY LIKES TO WANDER, ESPECIALLY OUT IN FIELDS BECAUSE THE PEOPLE IN THE FLAT ACROSS FROM US COME ACROSS THAT BIG FIELD ALL THE TIME.

SO HOW WOULD WE FIX THAT PROBLEM? YEAH.

THERE'S QUITE A FEW WAYS TO FIX THAT PROBLEM, BUT THAT WOULD BE UP TO THE HOMEOWNER JUST SIR.

OKAY.

ANYONE ELSE WISHING TO SPEAK ON THIS ZONING CASE? OKAY.

WE WILL CLOSE PUBLIC PORT OWNING CASE.

ALL RIGHT.

SO WHAT WE'VE GOT, UH, MR. FOSTER IS, UH, A COUPLE AMENDMENTS TO YOUR, UH, DECISION RECORD.

IT IS CORRECT, SIR.

COULD YOU READ NUMBER TWO AND NUMBER FOUR AGAIN, PLEASE.

NUMBER TWO WILL NOW STATE AS AMENDED, THE MINIMUM SETBACKS SHALL BE AS FOLLOWS 25 FOOT FRONT YARD, MINIMUM 25 FOOT REAR YARD WITH A MAXIMUM OF 15 LOTS HAVING A 20 FOOT REAR YARD SETBACK IN SIX FOOT SIDE YARD SETBACKS, NUMBER FOUR AS AMENDED A DROP LANE FOR NORTHBOUND TRAFFIC SHALL BE INSTALLED IN AN ACCELERATION LANE TO NORTHBOUND BELL FOUNTAIN ROAD SHALL BE INSTALLED PENDING THE RESULTS OF A TRAFFIC STUDY AND THE APPROVAL OF THE CITY ENGINEER.

THANK YOU.

ANY OTHER QUESTIONS FOR STAFF? IS THERE A MOTION TO APPROVE THE APPLICATION BY CAMPBELL BERLIN REQUESTED APPROVAL OF A REZONING FROM AG AGRICULTURAL TO PLAN RESIDENTIAL AND A BASIC PLAN FOR PROPERTY LOCATED ON THE EAST SIDE OF BELLE FONTEYN ROAD AND SOUTH OF CHAMBERSBURG ROAD FURTHER IDENTIFIED AS PARCEL NUMBER OF P 70 0 3 9 0 8 0 1 2 6 OF THE MONTGOMERY COUNTY, OHIO RECORDER'S OFFICE ZONING CASE 21 DASH 47 IN ACCORDANCE WITH THE RECOMMENDATION OF STAFF'S MEMORANDUM DATED DECEMBER 1ST, 2021.

AND THE PLANNING, PLANNING COMMISSION'S DECISION RECORD WRITTEN AS AMENDED.

MS. THOMAS MAKES THE MOTION.

IS THERE A SECOND, SECOND BY MR. JEFFREY SECRETARY, WILL YOU PLEASE CALL THE ROLE A LITTLE BIT OF A DISCUSSION? THAT'S WHAT I ASKED FOR.

YES, GO RIGHT AHEAD.

I MISSED THAT.

I GUESS I WAS WRITING THE THINGS WE HAVE HERE.

SORRY, I'M MISSING.

SORRY ON THIS.

OKAY.

UM, I THINK I WOULD JUST LIKE TO POINT OUT ONE THING THAT REALLY HASN'T BEEN CONSIDERED OR DISCUSSED THE SAME THING IS THE OWNERSHIP OF THAT LAND.

IF YOU OWN LAND, YOU HAVE A RIGHT TO SELL IT.

IF YOU FIND A BUYER AND I KNOW

[02:00:01]

THAT THAT'S A REALLY BIG PROBLEM THAT WE'VE HAD, THAT THERE IS SO MUCH AGRICULTURAL LAND OUT THERE AND FAMILIES ARE NOT GOING TO SONS AND DAUGHTERS ARE NOT STAYING WITH THE AGRICULTURE.

THEY'RE SELLING THE LAND.

AND I'M NOT, I DON'T KNOW IF THAT'S THE CASE HERE, BUT I DO KNOW THAT IF YOU OWN PROPERTY AND YOU DON'T WANT TO EVER SEE ANYTHING BUILT THERE, THE ONLY WAY YOU CAN GUARANTEE IS IF YOU BUY IT YOURSELF, BECAUSE IF THERE'S LAND FOR SALE, THERE ARE GOING TO BE PEOPLE THAT WANT TO BUY LAND BECAUSE THEY'RE NOT MAKING ANYMORE.

UH, AND JUST BECAUSE THAT'S ONE THING THAT HASN'T BEEN TOUCHED UPON THIS EVENING, I FELT IT WAS IMPORTANT THAT THAT RECENTLY MENTIONED, THANK YOU.

MOTION'S BEEN MADE BY MS. THOMAS AND SECOND BY MR. JEFFREY'S SECRETARY, WILL YOU PLEASE CALL THE ROLL? YES.

AS FARGO.

YES.

MR. JEFFRIES.

YES.

IT'S THOMAS.

YES.

MR. WALTON.

YES.

MOTION PASSES FIVE TO ZERO.

WHAT'S NEXT FOR THE APPLICANTS.

THIS CASE WILL NOW BE THAT RECOMMENDATION WILL BE TAKEN TO A FUTURE CITY COUNCIL COUNCIL MEETING.

THANK YOU.

THANK YOU ALL FOR ATTENDING.

YEAH, I THINK WILL TAKE US A COUPLE, FIVE MINUTE BREAK HERE TO REGROUP AND WE'LL MOVE ON TO OUR NEXT ITEM ON THE AGENDA.

NEXT ITEM ON THE AGENDA IS A DETAILED DEVELOPMENT PLAN.

THE APPLICANT R J K ASSOCIATES INC, IS REQUESTING APPROVAL OF A DETAILED DEVELOPMENT PLAN FOR 8.755 ACRES AT 50 60 US ROUTE 40 ZONING CASE 21 DASH 46.

MR. FOSTER, BEFORE YOU BEGIN, I WAS NOT PRIVY TO THAT MEETING THAT WE HAD A WHILE BACK.

UM, MS. FARGO WAS OUR CHAIR AT THAT TIME.

UH, WOULD YOU BE ABLE TO KIND OF BRING US OR BRING ME ANYWAY AND ANYBODY ELSE THAT MIGHT NOT HAVE BEEN HERE UP TO DATE ON WHAT, WHERE WE'RE AT AND WHY, HOW WE GOT HERE? WELL, UNFORTUNATELY, UM, AS I STATED, WHEN WE BEGAN THIS EVENING, THIS IS MY FIRST PLAN, THE COMMISSION MEETING.

SO I WAS NOT THERE.

UM, I DO HOWEVER, SEE SOMEONE IN THE AUDIENCE, MR. CONAWAY, THAT, UH, IS CERTAINLY EDUCATED ON THIS AREA AND THOSE DEVELOPMENTS, UM, AS THE DEVELOPER, UM, IN THAT AREA.

UM, SO IF THE COMMISSION SHOULD SO WISH THEY COULD CALL MR. CONWAY, UH, TO THE PODIUM TO ASK QUESTIONS ABOUT THE BACKGROUND.

IF YOU WISH YOU MIGHT HAVE A PROBLEM WITH THAT, MR. CONAWAY, GOOD EVENING COMMISSIONERS.

THANK YOU, KEN CONAWAY.

I AM WITH CARRIAGE TRAILS AND WE ARE THE CURRENT OWNERS OF THE SUBJECT PROPERTY THOUGH.

I WASN'T AT THE LAST MEETING, BUT I'M GOING TO GO BACK TO 2005 AND KIND OF WALK YOU THROUGH HOW WE GOT TO WHERE WE ARE TODAY.

SO IN 2005, THE ZONING WAS APPROVED ALONG WITH A BASIC DEVELOPMENT PLAN FOR THIS PROPERTY.

THERE WERE TWO COMPONENTS TO THE APPROVAL.

THERE WAS A RESIDENTIAL COMPONENT AND THERE WAS A COMMERCIAL COMPONENT.

SUBSEQUENT TO THAT APPROVAL.

A DETAILED DEVELOPMENT PLAN WAS APPROVED AND CONSTRUCTION BEGAN IN WINTER, ONLY THE FIRST PHASE OF WHEN BROOKE WAS BUILT INITIALLY.

SO IT WENT OVER, HAD IT, THEY BUILT THE FIRST PHASE, WHICH I BELIEVE SOMEBODY CAN CORRECT ME, BUT IT'S SOMEWHERE.

AND IT SAID 30, 30 HOMES WERE PART OF THE FIRST PHASE.

30 LOTS WERE PART OF THE FIRST PHASE.

UH, RYAN CAME IN AND BUILT ON SOME VACANT LOTS WHEN OVER, STEPPED AWAY FROM IT AND THE DEVELOPMENT JUST KIND OF SEE STOP OPERATION OVER.

IT DIDN'T CONTINUE ANYTHING IT'S BEEN ABOUT EIGHT YEARS AGO, THE CITY BOUGHT THE PROPERTY, THE ENTIRE PROPERTY, ALL THE RESIDENTIAL COMPONENT THAT WAS LEFT AS WELL AS THE COMMERCIAL COMPONENT, THE CITY SOLE PURPOSE IN BUYING THE PROPERTY WAS BECAUSE YOU NEEDED A WATER TOWER SITE.

SO THE DEVELOPMENT NORTH OF 70 HAS HAD GROWN SO RAPIDLY AND WAS CONTINUING TO GROW THAT THE WATER SYSTEM NEEDED EXPANSION.

YOU NEEDED ANOTHER TANK.

THIS PROVIDED NOT ONLY AN IDEAL LOCATION, KIND OF A CENTRAL LOCATION OVER THE CITY, BUT ALSO A GREAT ELEVATION BECAUSE IT WAS HIGH ENOUGH.

SO THE CITY DID A LOT SPLIT ON IT AND BUILT THE WATER TOWER.

AND THEN

[02:05:01]

THE PROPERTY SAT THERE.

CARRIAGE TRAILS CONTINUED TO GROW.

HOME SALES WERE GOING WELL, THEY'RE STILL GOING WELL.

SO IN 2018, THE CITY APPROACHED US ABOUT BUYING THE PROPERTY AND BUILDING IT OUT AS A CONTINUATION AS AN EXTENSION OF CARRIAGE TRAILS, IF YOU WILL.

SO THE CITY HAD A TARGET NUMBER IN MIND AND AS WITH A NUMBER OF PROJECTS THAT WE HAVE WORKED TOGETHER ON WITH THE CITY, THERE WAS INTENDED USE FOR IMPROVEMENTS ELSEWHERE WITHIN THE CITY.

BUT AS CARRIER THRILLS HAS DONE THE SUCCESS OF CARRIE'S TRAILS HAS GIVEN THE CITY A LOT OF OPPORTUNITY TO INVEST MONEY, OTHER PLACES WITHIN THE CITY, NOT JUST IN CARRIAGE TRAILS.

SO THIS WAS A TARGETED EFFORT TO ACHIEVE A MILLION DOLLAR SALES PRICE FOR THE REMAINDER OF WHAT WAS LEFT AT WINDROW, WHICH WAS HARD.

WE HAD A HARD TIME COMING TO THAT NUMBER, BUT ONE OF THE THINGS THAT WE DID WAS PRELIMINARY WORK ON WHAT COULD BE DONE WITH THE COMMERCIAL PIECE OF IT, BECAUSE IT'S A VERY, AS YOU CAN SEE A VERY NARROW STRIP, DOESN'T PROVIDE A LOT OF OPPORTUNITY AND THE ORIGINAL APPROVALS IT WAS GRANTED, UH, USE AS .

SO ANYTHING WITHIN THOSE TWO COMMERCIAL ZONING DISTRICTS WOULD BE OKAY HERE.

SO BEFORE WE BOUGHT THE PROPERTY, WE DEVELOPED A PRELIMINARY SITE PLAN THAT SHOWED STORAGE UNITS AND USE THAT ALONG WITH A LETTER THAT WE RECEIVED FROM SCOTT KOSKI IN APRIL, 2019, TELLING US THAT THE PROPOSED USES THAT WE HAD FOR THE PROPERTY WERE APPROVED.

HENCE GIVING US THE, GO AHEAD WITH THE CLOSING ON THE PROPERTY.

SO THAT THE LETTER WAS AS DETAILED AS SPELLING OUT THE SQUARE FOOTAGE OF THE UNITS, UH, THE AREA THAT THEY WERE TO, UH, SIT ON THE NUMBER OF RESIDENTIAL UNITS THAT WERE APPROVED AS WELL AS A MAP THAT GAVE US A STREET ACCESS OFF OF CENTER STREET.

SO WE DID NO FURTHER DUE DILIGENCE AT THE TIME, BECAUSE THAT SUITED US FINE, THAT WE HAD A CURB CUT ON SENATE STREET.

THAT WAS PART OF THE PRELIMINARY PLAN APPROVAL.

I KNOW WE'VE DISCUSSED NOW, OTHER ACCESS POINTS.

WE DIDN'T LOOK INTO THAT AT THE TIME BECAUSE WE JUST, IT WASN'T NECESSARY IN OUR OPINION, WE HAD ACCESS GRANTED.

SO WE CLOSED ON THE PROPERTY AND WE'VE BEEN BUILDING HOMES IN WINDBROOK EVERY SINCE THEN.

AND NOW WE'RE TO THE POINT WHERE WE WORKED WITH THE, UH, THE APPLICANT TO DEVELOP STORAGE UNITS THERE, I WASN'T AT THE LAST MEETING, BUT MY UNDERSTANDING FROM DISCUSSION WITH THEM IS THEY WITHDREW THEIR APPLICATION BASED ON THE FACT THAT THERE WERE JUST A LOT OF COMMENTS THAT THEY RECEIVED FROM CITIZENS THAT WERE HERE AT THE MEETING.

I DON'T BELIEVE THE PLANNING COMMISSION GAVE THEM ANY SPECIFIC DIRECTIONS ON WHAT TO DO, BUT THEY WENT BACK.

AND WHAT YOU'LL BE PRESENTED WITH TONIGHT IS AN APPLICATION THAT TRIES AS BEST THEY COULD DO, UH, TAKE INTO CONSIDERATION THE COMMENTS THAT THEY RECEIVED.

UM, I'LL BE HERE THROUGH THE DURATION OF THIS AVAILABLE TO ANSWER ANY OTHER QUESTIONS, IF THERE'S ANY OTHER QUESTIONS YOU HAVE FOR HIM, ANALOGY, BUT MAY ANSWER THEM AS WELL.

WE'LL SAVE THAT.

OKAY.

THANK YOU.

THANK YOU, SIR.

UH, THE PROPOSAL BEFORE PLANNING, COMMISSIONING THIS EVENING CALLS FOR THE DETAILED DEVELOPMENT PLAN ON THE PROPERTY AT 50 60 U S ROUTE 40, WITH THE INTENT OF CONSTRUCTING A STORAGE FACILITY, THE BUILDINGS, HOPEFULLY THERE WE GO.

THE BUILDINGS ARE MADE UP OF MULTIPLE MATERIALS.

UH, THE OFFICE PORTION IS COVERED WITH A BRICK VENEER AND HAS A METAL ROOF, UH, THE ADDITIONAL STORAGE BUILDINGS OR THE STORAGE BUILDING ALSO FACES SEANNA DRIVE, UH, ON THE, ON THE SITE PLAN, UH, ALSO HAS A BRICK VENEER ON THE WEST FACE AND THE OTHER UNITS HAVE A COMBINATION OF METAL AND CONCRETE TILT UP PEERS.

UH, EACH UNIT WILL HAVE A ROLL UP DOOR.

AND THEN, UH, ANY DUMPSTER ENCLOSURE THAT WOULD BE INCLUDED IN THIS WOULD BE REQUIRED TO BE MASONRY WITH GATES.

UH, THE PROPOSAL CALLS FOR ONE CURB CUT ACCESS, UH, TO THE FACILITY OFF OF SINNER DRIVE, NO ACCESS HAS PROVIDED OFF OF US, ROUTE 40 AND MR. CONAWAY TOUCHED ON IT A MOMENT AGO.

UH, BUT DURING THAT SEPTEMBER 28TH MEETING, IT WAS, UH, MY UNDERSTANDING DISCUSSED, UH, FOR A LONG TIME REGARDING THAT ACCESS.

SO WHEN I WAS PUT IN A POSITION TO BE THE STAFF LIAISON TO THE PLANNING COMMISSION, I DID A LITTLE BIT OF RESEARCH BY ASKING SOME QUESTIONS, SOME OTHER STAFF MEMBERS, UH, AND I WAS TOLD, UH,

[02:10:01]

SOME DIFFERENT THINGS.

SO I DECIDED TO DO MY OWN RESEARCH AND I REACHED OUT TO THE APPLICANT AND SAID, HEY, HAVE YOU REACHED OUT TO ODOM REGARDING THIS? AND, UH, THE APPLICANT REPLIED WITH, UH, WE HAVE REACHED OUT, UH, TO ODOD AND, UH, WE WERE TOLD THAT BECAUSE THERE IS OTHER REASONABLE ACCESS WE WOULD BE DENIED.

I THEN CALLED ODAT MYSELF, UH, AND DID SPEAK WITH, UH, ON, UH, I DID RECEIVE AN EMAIL FROM A RESIDENT, UM, THAT HAD INQUIRED ALSO WITHOUT DOD, UM, REGARDING A FORMAL APPLICATION THAT HAD NOT BEEN MADE.

SO I CALLED MYSELF AND TALK TO THE REAL ESTATE ADMINISTRATOR WHO WOULD RECEIVE THESE APPLICATIONS, DID CONFIRM THAT NO FORMAL APPLICATION OR FORM OF DENIAL WAS RECEIVED.

UH, BUT HE DID SAY, AND I QUOTE, THE APPLICANT CAN APPLY FOR A REVIEW.

HOWEVER, TYPICALLY A CURB CUT WOULD BE DENIED IF OTHER REASONABLE ACCESS IS AVAILABLE IN THE QUOTE.

SO THE PARKING REQUIREMENT, UH, FOR THIS FACILITY OR FOR THE OFFICE IS ONE SPACE FOR EVERY 300 SQUARE FEET OF FLOOR AREA, WHICH CALCULATES TO FOUR SPACES.

UH, ONE OF THOSE BEING, UH, ACCESSIBLE ON THE PLAN, THERE ARE FIVE OR FIVE SPACES SHOWN, UH, AT NINE FEET WIDE WITH ONE OF THOSE BEING ACCESSIBLE STAFF WOULD RECOMMEND, UM, THAT THOSE SPACES BE THE 10 FOOT NORMAL 10 FOOT BY 18 FOOT.

NOW THERE ARE 25 AND 30 FOOT PAVED DRIVE ISLES, UH, ACCESS FOR EACH BUILDING WITH NO DEAD END DRIVES, SIX FOOT ROD IRON FENCES PROPOSED AT THE NORTH AND WEST PERIMETER AND SIX FOOT PRIVACY FENCES BEING PROPOSED ALONG THE SOUTH AND EAST PERIMETERS.

NOW THE BUILDINGS WILL BE SERVICED BY CONNECTIONS TO PUBLIC WATER IN THE OFFICE PORTION OF THE FACILITY WILL CONNECT TO PUBLIC SANITARY SEWER.

A GAS TELEPHONE ELECTRIC ARE ALSO AVAILABLE ON THE SITE.

STORM WATER WILL BE COLLECTED THROUGH CATCH BASINS AND STORM SEWER ROUTING THE FLOW TO THE PROPOSED DETENTION BASIN ON SITE.

UH, THERE IS ALSO SOME FIELD TILE RUNNING THROUGH THIS SITE.

AND ANY OF THAT FIELD TILE THAT IS ENCOUNTERED, UH, THROUGH THIS CONSTRUCTION, UH, IS TO BE ROUTED AROUND THE BUILDINGS AND INTO THE STORMWATER SYSTEM.

A LIGHTING SHOWN ON THE PLAN IS COMPLIANT WITH CITY CODE.

THE PROPOSAL DOES CALL FOR A SINGLE WALL SIGN.

AS YOU CAN SEE ON THE SCREEN ON THE OFFICE PORTION, I'M SORRY, IT'S SO SMALL, BUT IT WOULD BE THE TOP LEFT PICTURE OF THAT DRAWING.

UH, BUT THAT SIGN HAS NO DIMENSIONS ON THE DRAWING, BUT STAFF WOULD RECOMMEND LIMITING THAT TO 75 FEET, 75 SQUARE FEET AT A MAXIMUM, UH, LANDSCAPING, UH, IS ALSO BEING PROPOSED, UH, THAT WOULD INCLUDE STREET TREES BUFFERING AROUND THE PERIMETER OF THE SITE.

I HAVE A DRAWING OF THE LANDSCAPE THERE, UH, LANDSCAPE AGAIN, DECIDUOUS TREES, EVERGREEN SHRUBS GRASSES.

UM, IN MY STAFF REPORT, I BELIEVE I SPELLED OUT A TOTAL NUMBER OF EACH OF THE PLANTINGS, UH, ALL OF WHICH MEET CITY CODE.

UH, I BELIEVE THE APPLICANT IS HERE, UH, FOR COMMON QUESTION AND I WILL BE HAPPY TO ANSWER ANY QUESTIONS.

OKAY.

THERE ARE ANY QUESTIONS FOR STAFF, MR. JEFFRIES ON THE MATERIALS.

DO WE KNOW THAT? CAUSE WE JUST DID THE STORAGE UNIT THAT THE OTHER AREA, RIGHT? SO FROM A MATERIALS AND REQUIREMENT, AS FAR AS MASONRY AND FINISH OF MATERIALS, ARE WE COMPARABLE TO THAT OR ARE WE DEVIATING SINCE THAT'S SO FRESH? I THINK WE NEED TO BE COMPARABLE.

SURE.

I CAN TOUCH ON THAT.

THE, UH, I BELIEVE, UH, THE UNIT YOU'RE REFERRING TO AROUND, UH, WAYNE TOWN BOULEVARD, UM, THERE WAS AN ORIGINAL PLAN, UH, WITH THAT, THAT HAD THAT BEING FIVE SEPARATE UNITS, SIMILAR, SIMILAR TO THESE BUILDINGS, UM, THAT CAME THROUGH WITH A REQUIREMENT OF, UH, BRICK OR MASONRY MATERIALS ALONG WAYNE TOWN BOULEVARD.

AND THERE WAS SOME DISCUSSION ABOUT A FULL MASONRY ON SOME OF THOSE.

I WASN'T ABLE TO FIND THAT ACTUAL DECISION RECORD, UNFORTUNATELY FOR, FOR TONIGHT, UH, WITH LACK OF TIME.

UM, BUT THE, THE, THE NEW APPROVAL, THERE IS ONE SINGULAR BUILDING, ONE LARGE BUILDING, AND THAT'S FULL MASONRY FRONT WITH A, UH, MASONRY PRODUCT ALONG THE, WHAT WOULD BE THE NORTH SIDE.

UH, AND THAT'S UP TO THE WATER TABLE.

SO APPROXIMATELY 36.

OKAY.

BECAUSE I REMEMBER THE

[02:15:01]

PRIMARY BEING THE VISIBLE FRONTAGE NEEDING TO BE ALL MASONRY.

YES.

AND IN THIS CASE, THE VISIBLE FRONT EDGE WILL BE ACTUALLY THE 40 FRONTAGE AND THE SON FRONT.

AND SO THE, WHERE THE ROD IRON FENCING WOULD BE CORRECT.

RIGHT.

SO IT WAS, I KNOW WE HAD DIFFERENT ELEVATIONS, BUT IT IS THE, I GUESS THE NORTH FACES AND THE WEST FACES ARE THOSE, THE ONES THAT ARE FULL MASONRY OR WHAT ARE WE LOOKING? SO I KNOW THE OFFICE IS, AND THAT'S A, THAT'S A PORTION OF THE WEST ELEVATION AND THEN THE TOP LEFT PHOTO THERE, WHICH, UH, SHOULD BE IN YOUR PACKET.

UH, THE WEST ELEVATION IS SHOWN TO HAVE MACER FULL MASONRY OR HAS MASONRY AS ME, SIR.

YEAH.

WELL, ORGO GRID WAS, I WAS, UM, I THOUGHT IT WAS VERY IMPORTANT ON WAYNE COUNTY BOULEVARD SIMPLY BECAUSE THAT WAS IN THE MIDDLE OF OUR CITY THAT WE'RE TRYING TO REDEVELOP OR DEVELOP MORE.

AND, UH, THIS FAN FACING ON ROUTE 40, I THINK IS NOT QUITE AS IMPORTANT.

I MEAN, I THINK THAT'S PROBABLY MOST LIKELY GOING TO BE THE VERY LIMIT OF OUR CITY LIMITS FOR THE FORESEEABLE FUTURE.

ANYWAY, UH, SO I DON'T, I WOULDN'T BE QUITE AS ADAMANT ABOUT THAT MUCH.

HOWEVER, I THINK IT WOULD BE MORE IMPORTANT TO HAVE THE, UM, THE BRICK AND THE NICER PART FACING THE RESIDENTIAL AREA, BECAUSE I STILL HAVE AN ISSUE WITH, UH, THE ENTRANCE ON PHENO.

I MEAN, I AGREE.

I MEAN, DID WE, I THINK I WAS ONE THAT SAID IN THE FIRST CASE, I HAVE A STRONG OPINION ON USING CENTER FOR AN ENTRANCE.

I UNDERSTAND THAT THERE WAS NO FORMAL APPLICATION MADE, BUT THEY WERE TOLD IT WOULD TYPICALLY BE DENIED, BUT THAT'S NOT COMPLETELY DENIED.

AND I HAD AN INCIDENT WHERE NOT AN INCIDENT IN A PROJECT, I GUESS WE DISCUSSED WHERE WE WERE TOLD IT WOULD TYPICALLY BE DENIED ALSO BY ODAT AND SCAFFOLD KELSEY AND RUSS BIRDMEN WENT WITH OUR UPDATED DISCUSSION TO ODAT AND ODAT DID AGREE THAT EVEN THOUGH THEY TYPICALLY WOULD HAVE DENIED THE ORIGINAL, THE REVISED WOULD BE APPROVED.

SO I WOULD LIKE, I MEAN, IT KINDA, IT KIND OF PUTS US IN A SPOT WHEN WE KNOW THE BIG PUSHBACK FROM RESIDENTS AND FROM US WAS THAT ENTRANCE AND THEY DIDN'T MAKE FORMAL APPLICATION.

EVEN IF YOU COME IN WITH A DENIAL, IT IT'S A DENIAL.

OKAY.

WE WENT THAT STEP FROM THE USAGE.

I MEAN, IT'S, IT IS WHAT IT IS.

IT'S NOT WHAT I WOULD PERSONALLY CHOOSE.

HOWEVER, FROM A RESIDENT STANDPOINT OF BUDDING UP AGAINST A COMMERCIAL PROPERTY, IT IS PROBABLY THE LEAST INVASIVE COMMERCIAL USE.

I WOULD SAY ONCE IT'S DONE, YOU KNOW, FROM A TRAFFIC STANDPOINT.

SO, YOU KNOW, I THINK FROM, FROM THAT REGARD, AND I THINK MAKING IT LIKE WHAT CHAN'S POINT HAVING, HAVING THE VISIBILITY OF IT, YOU KNOW, HANDLED PROPERLY.

BUT MY, MY HANGUP IS GOING TO BE ON CENTER PERSONALLY.

I WOULD PERSONALLY PREFER, I MEAN, EVEN IF THEY GET DENIED, THEN WE HAVE TO RE-LOOK AT IT, BUT I WOULD MAKE APPLICATION, OH, DOT.

ASSUMING THERE IS NO ACCESS FROM CENTER.

NOW MR. CONAWAY TALKED ABOUT A LETTER HE HAS, WHICH WE HAVEN'T SEEN THAT.

SO, I MEAN, THAT'S, IF WE NEED TO REVIEW THAT AS WELL, THAT WOULD BE OBVIOUSLY ADDITIONAL INFORMATION.

SO I'M NOT REAL SURE.

I'M NOT REAL SURE WHAT ODAT SAID.

I KNOW YOU READ THAT WHOLE THING TO US, BUT CAN YOU JUST TELL ME THAT? DID THEY DENY, OR DID THEY SAY YOU HAVE TO MAKE A FORMAL APPLICATION? NO, THEY SAID NEITHER OF THOSE THINGS.

UM, SO WHEN I SPOKE PERSONALLY WITH THE REAL ESTATE ADMINISTRATOR, HE SAID, AND I QUOTE, THE APPLICANT CAN APPLY FOR A REVIEW.

HOWEVER, TYPICALLY A CURB CUT WOULD BE DENIED IF OTHER REASONABLE ACCESS IS.

AND MY QUESTION IS WHAT IS REASONABLE ACCESS? WELL, IS SENNA OFF OF A RESIDENTIAL AREA, A REASONABLE ACCESS HAVE A PIECE OF OH, DOTS CODE.

AND THAT SAYS, AND PLEASE FORGIVE ME BECAUSE I CUT OFF THE ACTUAL CODE SECTION, BUT IT IS C PERMITTED, UM, WHERE A PARCEL OTHERWISE HAS A REASONABLE ACCESS TO A LOCAL STREET SYSTEM.

OH, DOT HAS THE DISCRETION TO DENY A REQUEST FOR ADDITIONAL DIRECT ACCESS TO, OR FROM THE STATE OR US HIGHWAY SYSTEM THAT IS FROM OH, DOT SCOPE.

THAT'S A LOCAL STREET.

ISN'T IS A LOCAL STREET, A LOCAL STREET SYSTEM.

WOULDN'T THAT

[02:20:01]

ASSUME WE ARE GRANTING THE ACCESS THOUGH, IF WE HAVEN'T GREAT.

IF WE AREN'T GRANTING THE ACCESS, THEN.IS GETTING THE CASE PRESENTED TO THEM AS IF THEY DON'T HAVE ACCESS.

YEAH.

I WOULD NOT WANT TO SPEAK FOR ODOP ON WHAT THEIR OPINION OF THAT WOULD BE, BUT THAT IS CERTAINLY AN ARGUMENT THAT, I MEAN, THAT'S, THAT'S THE WAY I WOULD ASK THE APPLICATION TO ADOPT, TO BE PRESENTED.

SURE.

AND BECAUSE THERE ARE OTHER BUSINESSES IN PROXIMITY ON ROUTE 40 THAT HAVE ROUTE 40 ACCESS.

SO IT'S NOT LIKE THEY'RE ASKING FOR SOMETHING THAT ISN'T ALREADY NORMAL ON ROUTE 40.

UM, I KNOW THAT YOU SAID YOU WOULD BE, ARE WE JUST HAVING OUR DISCUSSION UP HERE NOW? SOMEWHAT IT'S RIGHT THERE.

IT'S RIGHT HERE.

I JUST WANT TO OKAY, GO AHEAD.

WELL, I WAS WONDERING IF THE, AND IN THE PLANNING PROCESS, IF THEY EVER, EVER LOOKED AT, UH, ACCESS FROM RAPIDLY, I'LL WAIT AND ASK HIM WHEN HE COMES UP LATER.

UH, MY ONLY STATEMENT WOULD BE THE SAME AS MR. JEFFRIES IS MY CONCERN IS THE ACCESS ON CENTER WITH, THROUGH A RESIDENTIAL, YOU KNOW, INCREASED TRAFFIC THROUGH A RESIDENTIAL AREA.

UM, AND I AGREE THAT I THINK WE COULD HAVE HAD A, AN APPLICATION SUBMITTED WITH A RE WITH A REQUEST OR A RESULT OF WHAT ODAT WOULD HAVE GIVEN US OR GIVEN THE APPLICANT.

UM, I THINK THAT'S THE DUE DILIGENCE EVEN OF THE, OF THE PROPERTY OWNER AND THE BUILDER WANTING TO PUT THAT IN, YOU KNOW, WANTING TO PUT THAT PROPERTY OR THAT PARTICULAR UNIT THERE THAT'S REALLY ON THEM TO SEEK THAT INFORMATION AND COME TO US WITH THAT INFORMATION.

DO YOU HAVE ANY COMMENTS? WELL, MY, MY THOUGHT WOULD BE THE SAME THING IS THAT I THINK WE, BEFORE MOVING FORWARD, WE SHOULD AT LEAST ASK, YOU KNOW, AND APPLY FOR A CURB CUT RIGHT ONTO 40, RATHER THAN JUST GOING ON AND ASSUMING THAT IT WOULD NOT COME TO A FEW HOURS, YOU KNOW, THAT WE WOULD REALLY HAVE AN OPPORTUNITY TO DO THAT, UH, TABLE DISCUSSIONS.

WELL, I WANT TO DO HERE.

UH, ANY OTHER QUESTIONS FOR STAFF? NOT A QUESTION, BUT A COMMENT THREAD.

AND I THINK THEY, THEY HAVE COME BACK WITH A LARGE AMOUNT OF LANDSCAPING AROUND THERE.

SO I THINK THAT IS ONCE MATURE IS GOING TO BE VERY THICK FROM WHAT I'VE SEEN.

I SEE SOME OF THOSE TREES GET PRETTY LARGE AND THOSE NORWAY SPRUCE HAS GET PRETTY LARGE AND THE BLACK SPRUCE HAS GET PRETTY LARGE, BUT THEY WON'T BE IN DAY ONE, OBVIOUSLY.

UM, BUT I DO THINK THEY'VE MADE AN EFFORT, AT LEAST IN A BARRIER FROM THAT REGARD PERSONALLY, I LIKE THE MOUNDED BARRIERS LIKE WE HAVE ON CARROTS TRAILS PARKWAY, BUT THEN I ALSO UNDERSTAND THAT THAT CAN CAUSE ISSUES FOR TRYING TO GET GROWTH OF THE VEGETATION BECAUSE THE WATER DOES RUN DOWN THE HILL INSTEAD OF RESTING.

SO THERE COULD BE AN ISSUE OF GROWTH ON TOP OF THE HILL FROM THAT REGARD.

SO, BUT I DO LIKE TO START, AT LEAST WHAT'S OPEN IT UP TO THE PUBLIC.

IS THERE ANYONE WISHING TO SPEAK FOR THE APPLICANT? MY NAME IS BOB CRUMB.COM.

THE RJ K RJ K.

UM, WE ARE SELF STORIES, DEVELOPERS.

WE'VE BEEN DEVELOPING SELF STORAGE FOR, UH, ALMOST 40 YEARS AND WE'VE DEALT WITH ODAT AND CITIZENS, UM, CONTINUOUSLY SINCE THEN, UM, AFTER THE LAST MEETING, WE, WE TOOK WHAT WE HEARD AND WE WENT BACK TO THE OFFICE.

WE'VE CHANGED THE PLAN TO ADDRESS SOME OF THE CONCERNS OF THE PEOPLE THAT ARE THE RESIDENTS.

THE SPECIFICALLY THE PLAN THAT WE'VE, THAT WE HAVE PROPOSED MEETS ALL OF THE CODES OF HUBER HEIGHTS.

THERE'S NOT ONE CODE THAT WE DON'T MEET OR EXCEED.

AND WE DO EXCEED A LOT OF THE CODES THAT LANDSCAPING IS MORE THAN IT'S REQUIRED.

UM, YOU KNOW, THE BUILDINGS, WHEN YOU LOOK AT THOSE DRAWINGS THERE ON THE, ON THE ELEVATIONS, EVERYTHING IS NOT BLUE IS MASONRY.

THOSE ARE TILT UP CONCRETE COLUMNS.

SO THIS ISN'T A CHEAP OR CHEAPER,

[02:25:02]

UM, METAL BUILDING.

OKAY.

THERE IT'S OBVIOUSLY MADE A METAL, BUT WE SPENT A LOT OF MONEY MAKING IT, UM, BULLETPROOF, BECAUSE WE TENDED TO BE A PREMIER SELF STORAGE FACILITY FOR THE NEXT 50 YEARS.

THE MAY SPEAK ABOUT THE ACCESS BECAUSE THAT'S A, SEEMS TO BE THE BIGGEST THING RIGHT NOW, UM, TO MAKE AN APPLICATION, OH, DOT YOU JUST DON'T GO TO ODAT AND FILL OUT ONE LITTLE SHEET OF PAPER AND SAY, I WANT TO DRIVE WAY OFF OF WHATEVER AN APPLICATION.

THE ODAT REQUIRES, ENGINEER DRAWINGS AND THE TRAFFIC STUDY.

UM, IT'S A LOT OF MONEY.

IT'S A LOT OF TIME.

WE NEED TO JUSTIFY THAT.

AND IN WORKING WITH ODOD AND READING ALL OF THEIR CODES, UM, THERE'S NO WAY THEY'RE GOING TO GRANT THAT THEY AS MUCH TOLD US THAT IN AS MUCH AS A GOVERNMENT EMPLOYEE WILL SAY, IT'S NEVER GOING TO HAPPEN.

UM, THERE'S ANOTHER PART OF THEIR CODE THAT TALKS ABOUT CORNER LOTS.

THE CODE SAYS THAT IF THERE'S A CORNER LOT, THEY PREFER THE DRIVEWAY TO BE OFF OF THE SIDE STREET.

AND THERE'S A REQUIREMENT DEPENDING UPON THE SPEED LIMIT ON 40 FOR THE DISTANCE BETWEEN DRIVEWAYS.

SO THAT'S DRIVEWAYS ON EITHER SIDE OF THE ROAD.

SO I BELIEVE 40 IS 55 MILES AN HOUR.

IS THAT RIGHT? SO THE RECOMMENDED DISTANCE BETWEEN EVERY DRIVEWAY IS 495 FEET.

THERE'S NOT ENOUGH ROOM THERE TO PUT ALL THESE DRIVEWAYS.

AND BACK WHEN 40 WAS A MORE RURAL ROAD, UM, ALL THOSE LOTS HAD DRIVEWAYS.

AND THEN YOU HAVE THE WATERTOWER GOT A DRIVEWAY, AND THAT'S WHY THEY BUILT IT.

THERE THERE'S NO SPOT THAT WOULD MEET THAT 495 FEET.

SO YOU HAVE THREE OR FOUR THINGS IN THEIR CODE BOOK THAT SAY, THEY'RE NOT GONNA GRANT THIS, THIS VARIANCE.

UM, YOU KNOW, WHETHER I ASKED FOR IT OR ANYBODY ASKS FOR IT, IF YOU PUT A DRIVEWAY OUT THERE, YOU'RE GOING TO BLOCK SOME OF THE TRAFFIC ON, ON 40.

WHEN SOMEONE TRIES TO TURN IN OR COURT OR TURN OUT, WE HAVE THE LOWEST TRAFFIC GENERATION OF ANY COMMERCIAL USE THAT'S PERMITTED ON THAT EIGHT ACRES.

I DON'T THINK I WOULD BET ANYTHING.

THERE'S NOT ONE COMMERCIAL USE THAT'S PERMITTED THAT HAS LOWER TRAFFIC THAN US.

UM, WE HAVE DATA, YOU KNOW, THIS IS GOING TO BE A BIG FACILITY, BUT PEOPLE DON'T COME HERE.

I MEAN, OUR BIGGEST FACILITIES MAY GET 15 CARS A DAY.

THERE'S NO WAY IN THE WORLD THAT IS GOING TO AFFECT THE PEOPLE ON SANTA DRIVE.

THIS IS NOT THE PREVIOUS APPLICATION WHERE THERE'S 136 PEOPLE COMING AND GOING IN AND OUT EVERY DAY.

YOU KNOW, WE HAVE DAYS THAT NOBODY SHOWS UP.

I MEAN, OUR BEST CUSTOMER COMES IN ONE TIME WHEN HE PUTS HIS STUFF IN THERE AND HE COMES BACK YEARS LATER AND TAKES IT OUT.

SO AS FAR AS YOU KNOW, QUIET, UM, IT'S LANDSCAPED.

THERE'S NO TRAFFIC.

THERE'S NO, EXCUSE ME.

WE HOPE.

THANK YOU.

GO AHEAD, SIR.

THERE'S NO NOISE.

UM, THERE'S NO LIGHT EMISSIONS FROM THE, FROM THE PROPERTY.

UM, IT'S ABOUT AS, AS QUIET AS A CEMETERY, EXCEPT FOR, WE DON'T EVEN HAVE FUNERAL PROCESSIONS GOING THROUGH IT.

SO A CEMETERY WOULD EVEN HAVE MORE TRAFFIC THAN WE HAVE.

UM, YOU KNOW, IT'S BEEN A COMMERCIAL DEVELOPMENT.

IT'S BEEN SEWN COMMERCIALLY AND IN 2019, UH, ON APRIL 11TH, WHEN THE CITY LOOKED AT THE PLAN AND APPROVED THE DRIVEWAY OFF OF SANTA AND THE WHOLE PLAN FOR SELF STORAGE AND WE'RE BUILDING A SMALLER SELF STORAGE FACILITY, AND THEN WE HAVE AN APPROVAL LETTER FROM, UM, YOU WERE HEIGHTS IN 2019.

SO I MEAN, WE MEET THE CODES, EXCEED THE CODES, WE'RE GIVING ADDITIONAL LANDSCAPING, A LOT OF ADDITIONAL LANDSCAPING AND A MOUND, OR WE'RE CAMOUFLAGING THIS FACILITY AS MUCH AS HUMANLY POSSIBLE.

UM, YOU KNOW, I THINK THAT IF WE DON'T BUILD THIS HERE AND YOU GET A GAS STATION ON THE CORNER, A SUPER AMERICA AND A STRIP CENTER, YOU KNOW, WITH THE BACK OF THE STRIP CENTER FACING THE RESIDENTIAL, BECAUSE THAT'S WHERE IT WILL BE.

UM, IS THAT A WIN FOR ANYBODY? SO, I MEAN, IF THERE'S A CODE THAT WE ARE NOT

[02:30:01]

MEETING AND YOU POINTED OUT TO US, I MEAN, WE'LL, WE'LL MAKE IT MEET THE CODE.

AND THE DRIVEWAY IS OUT OF MY CONTROL AND IT'S OUT OF HUBER HEIGHTS CONTROL.

IT'S, IT'S THE STATE.

AND IN 40 YEARS, UM, I'VE NOT WON ONE CHALLENGE TO ODOD IT, IT JUST ISN'T GOING TO HAPPEN.

AND IT WOULD TAKE SIX MONTHS OR WHATEVER, AND A WHOLE BUNCH OF MONEY AND WASTED ENGINEERING TIME TO EVEN TRY TO FIGURE OUT WHERE THAT DRIVEWAY COULD BE IN WITH 495 FEET.

IF YOU GO OUT THERE AND MEASURE WHERE ALL THE DRIVEWAYS ARE, THERE ISN'T 495 FEET LEFT.

I THINK WE ONLY GOT 900 FEET OF FRONTAGE.

SO, YOU KNOW, IT WAS APPROVED THIS WAY AND WE'RE NOT ASKING FOR ANYTHING OTHER THAN WHAT'S IN THE CODE.

AND I THINK WE'VE, WE'VE DONE AS MUCH AS WE CAN TO, TO ALLEVIATE, UM, ANY NEGATIVE EFFECTS.

AND I KNOW EVERYBODY THINKS THAT, YOU KNOW, BEING NEXT TO THE CELL STORY FACILITY IS BAD, BUT IT IS THE VERY BEST THING THAT COULD HAPPEN RIGHT THERE.

CAUSE ANY VIEW, READ YOUR CODE AND LOOK AT EVERYTHING THAT'S PERMITTED.

I WOULD LIKE TO HEAR WHICH ONE OF THOSE ITEMS EVERYONE WOULD LIKE TO SEE THERE BECAUSE THERE JUST ISN'T ANYTHING THAT'S MORE QUIET AND WE'VE BUILT THESE PLACES.

UH, WE HAVE THEM IN RESIDENTIAL COMMUNITIES.

UM, AND THAT IS BECAUSE THAT'S WHERE OUR TENANTS ARE.

WE'RE NOT RENTING LITTLE STORAGE SPACES TO BUSINESSES.

BUSINESSES ARE LESS THAN 5% OF OUR CUSTOMER BASE.

EVERY PERSON WHO EVERY TENANT IS A RESIDENT, USUALLY WITHIN THREE MILES OF OUR PLACE.

UM, WE ARE GOING TO BUILD A BETTER SELL STORIES FACILITY THAN IS BEING BUILT IN UBUR HEIGHTS, INCLUDING THE NEW ONE THAT'S PROPOSED ON WAYNE TOWN BOULEVARD THAT WE KNOW ALL ABOUT.

IT'S NOT A FACTOR.

UM, YOU KNOW, THE ONES NEARBY US OR GRAVEL DRIVEWAYS.

THEY DON'T GET PLOWED DURING THE SUMMER DURING THE WINTER, THEY DON'T HAVE SECURITY.

UM, WE HAVE ALL THAT.

WE HAVE CLIMATE CONTROL UNITS.

UM, WE HAVE SOMETHING FOR EVERYONE.

SO, UM, WE'RE JUST ASKING FOR THE APPROVAL THAT WE, WE FEEL THAT, YOU KNOW, WE'VE, WE'VE, UH, DONE WHAT WE'RE SUPPOSED TO DO AND WE'VE GONE BEYOND WHAT WE INTENDED TO DO.

ANY QUESTIONS FOR THE APPLICANT, MR. JEFFREY.

SORRY.

ALL RIGHT.

SO IN THE LAST MEETING, THERE WAS A QUESTION ABOUT ONSITE AUCTIONS.

YOU SAID YOU GUYS DON'T DO ANY OF THAT.

YOU DO ONLINE ONLY, SO I'M SURE YOU WOULDN'T BE OPPOSED TO HAVING ANYTHING TIED TO ANY APPROVAL, RESTRICTING THOSE WITH A SIGNIFICANT FINANCIAL FINE.

IF SOMEBODY WERE TO FIND ME A MILLION DOLLARS, WE DON'T DO IT.

BE A MILLION DOLLARS IS GOOD.

I'M SURE THE RESIDENTS, THE RESIDENTS WOULD FEEL BETTER KNOWING IF THEY CATCH THEM DOING IT.

IT'S A MILLION DOLLAR FIRM.

WE HAVE EIGHT FACILITIES WITH, UM, I MEAN THEY KNOW IT'S NOT GOING TO HAPPEN, SO THAT'S NOT GOING TO HAPPEN.

IT'S THAT? I DO THINK PART OF OUR PROBLEM IS IN OUR CODE IS A LOT OF OUR FINES ARE A HUNDRED DOLLARS.

SO I THINK IF WE'RE GOING TO RESTRICT SOMETHING, LET'S THROW SOME TEETH IN IT.

A MILLION IS BIGGER THAN I THOUGHT, BUT IT'S HIS NUMBER.

I'LL TAKE IT IF WE NEVER HAVE TO ADJUST FOR INFLATION.

RIGHT.

THAT'S RIGHT.

UH, UNFORTUNATELY, UH, THE ZONING DEPARTMENT FOR ZONING CODE OR PD VIOLATIONS, UM, DOES NOT HAVE THE ABILITY TO FIND PEOPLE, UH, THAT WOULD, UH, GO TO THE COURT SYSTEM.

THEY HAVE THE ABILITY TO FIND, BUT THEY'RE SAYING THEY HAVE A LETTER SAYING THAT WE APPROVED SOMETHING.

I'M SURE WE CAN HAVE A LETTER IN OUR CODE THAT THEY AGREE TO SOMETHING AS WELL.

IF IT CAME TO GO INTO COURT OR IT WOULD ACCEPT THE LETTER.

YES.

WE DON'T HAVE TIME FOR OPTIONS AT THE PLACES THEY TAKE TOO MUCH TIME AND WE GET NOTHING.

IT'S MORE LIKE YOU SAID, PEACE OF MIND FOR THE RESIDENTS, BECAUSE IT DID COME UP THE LAST TIME.

I UNDERSTAND YOU SAID IT WOULDN'T BE THERE.

SO JUST WANTED TO HAVE SOMETHING ON THAT YOU'VE MENTIONED.

WE DO HAVE THE ABILITY TO PUT THAT IN THE, IN THE, IN THE NOTES, WHATEVER YOU CALL THAT, THE DECISION RECORDS, ALL THAT.

OKAY.

WHAT, WHAT IS IT? BUT THAT'S WHAT I WAS THINKING.

OKAY.

THE QUESTION ABOUT 24 HOUR ACCESS TO, AND THAT WAS SOMETHING THAT WAS BRIEFLY DISCUSSED, BUT THE LAST ONE.

SO IF WE COULD MAKE SURE TO COVER THAT, I KNOW YOU SAID YOU HAVE SOME 24 ACTUAL UNITS, SO IS THERE A LIMIT AND IS THERE ANY WAY TO LIMIT WHICH UNITS WOULD BE 24 ACCESS BASED ON PROXIMITY OF THE HOUSES? UH, AS FAR AS THAT GOES, BECAUSE I WOULD IMAGINE IT'S NOT ABLE TO BE LIMITED AS SUCH, BUT WHAT, WHAT IS THE AMOUNT OF SOME, I GUESS THE PEOPLE WHO

[02:35:01]

NEED 24 HOUR ACCESS, UM, ARE GENERALLY PEOPLE WHO NEED A BIGGER UNIT FOR THE FISHING BOAT.

OKAY.

THE GUY WHO'S, WHO'S GOT THE, UM, ZILLION DOLLAR FISHING BOAT, YOU SEE THEM GOING UP AND DOWN THE HIGHWAY, THE PROFESSIONAL FISHERMEN GUYS.

I MEAN, THEY COME IN AT TWO IN THE MORNING TO GET TO THE LAKE.

SO THERE'S THOSE GUYS.

UM, YOU KNOW, THERE'S A HANDFUL OF PEOPLE WHO WORK THIRD SHIFT, YOU KNOW, THOSE KINDS OF PEOPLE.

I CAN'T QUANTIFY IT, BUT WE DON'T WANT THEM.

I MEAN, WE DON'T REALLY WANT 24 HOUR ACCESS, BUT WE DO WHAT THE PUBLIC NEEDS.

I MEAN, I CAN'T LIKE THE OTHER GUY SAID, WELL, WE'LL GIVE YOU A, GIVE YOU A 15, LOTS WITH 20.

I MEAN, HOW MANY UNITS ARE YOU GOING TO HAVE ALL TOGETHER? LIKE THIS THING IS LIKE 600 UNITS OR SOMETHING OR MORE WHEN WE'RE ON 8, 7, 800 UNITS.

I MEAN, HE GOT 15 OUT OF 130.

GIVE ME A THAT'S A 10%.

GIVE ME 10%.

I'LL BE HAPPY.

SO GOOD QUESTION.

SO YOU INDICATE SOMEBODY WITH A FISHING BOAT.

SO OBVIOUSLY THAT'S A FAIRLY LARGE, IT'S A SINGLE CAR GARAGE.

OKAY.

SO ARE THOSE LOCATED IN SPECIFIC SPOTS ON YOUR UNITS? LIKE IN THE BACK, THE FRONT, THE MIDDLE, BECAUSE THAT WAY MAYBE IF THEY'RE TOWARDS THE AWAIT MORE AWAY FROM THE RESIDENCE, THE THREE BUILDINGS THAT ARE DIRECTLY BEHIND OR IN FRONT OF THE RESIDENCE, THAT'S A BLANK WALL WITH LANDSCAPING.

SO IF THERE WAS A BIG UNIT IN THE FACE OF THAT BUILDING THE RESIDENT COULDN'T POSSIBLY SEE IT UNLESS THEY GOT X-RAY VISION.

WHAT, UM, YOU STILL WOULDN'T SEE IT.

I MEAN, YOU'RE, YOU'RE, YOU'RE GONNA LOOK IN 200 FEET IF YOU'RE IN YOUR BATHROOM, LOOKING OUT THE ONE WINDOW ON THE SECOND FLOOR IN THE MIDDLE OF THE NIGHT, UM, WITH VERY LOW LIGHT, BECAUSE WE ONLY HAVE HALF A FOOT CANDLE OUT THERE.

SO YOU WOULD NEED INFRARED GOGGLES OR SOMETHING.

I MEAN, HOW MANY CARS WOULD BE THERE IF IT WAS A SUPER AMERICA? I MEAN, THAT'S WHAT, THAT'S, THAT'S THE ALTERNATIVE SUPER AMERICA IN A STRIP CENTER WITH A BAR IN IT, ALL OF THOSE THINGS WERE PERMITTED.

SURE.

JEFFERY'S THE SECTION THAT HAD THE WOODEN FENCING FOR THE PRIVACY FENCE FROM, UH, I GUESS A QUESTIONS AROUND DESIGN AND MAINTENANCE.

I MEAN, I KNOW THERE'S THE KIND OF A SLATHERED ONES THAT ALLOW FOR MORE WIND TO COME THROUGH.

SO YOU DON'T GET AS MUCH LEAN VERSUS THE ONES THAT PROVIDE MORE BLOCKAGE, I GUESS, WHAT IS THE MAINTENANCE PLAN? SO THAT THE NEIGHBORS KNOW, LOOKING OUT THAT THEY DON'T HAVE A WOODEN ROTTING FENCE BECAUSE THAT NEIGHBORHOOD DOESN'T ALLOW FOR A SIX FOOT FENCE ANYWHERE ELSE IN THE NEIGHBORHOOD.

SO WHAT WOULD BE WELL, WE MAINTAIN THE WHOLE PLACE, SO WE'RE NOT GOING TO LET THE F I MEAN, THE FENCE IS GOING TO BE MADE OUT OF A THREE TO LUMBER.

THAT'S GUARANTEED FOR 30 YEARS.

I MEAN, WE HAVE MILLIONS OF DOLLARS INVESTED IN THIS PLACE.

SO, I MEAN, WE NOT ONLY MAINTAIN THE FENCE, WE MAINTAIN THE ENTIRE PLACE.

SO IT'S, IT'S, IT'S A FULL FIT.

IT'S NOT THE SHADOW BOX KIND.

YOU CAN SEE THROUGH THE BOARDS, THEY'RE GOING TO BE WITHIN AN EIGHTH OF AN INCH OF EACH OTHER, ACTUALLY A QUARTER INCH.

AND IT'S ALL TREATED ANY OTHER QUESTIONS FOR THE APPLICANT.

THANK YOU, SIR.

THANK YOU.

IS THERE ANYONE ELSE WISHING TO SPEAK ON THE ZONING CASE? THE LETTER THAT BOB AND I BOTH TALKED ABOUT FROM SCOTT IN 2019 WAS A CRITICAL COMPONENT IN OUR DECISION TO BUY THIS PROPERTY, BUT I REALIZE YOU ALL, HAVEN'T SEEN IT, CORRECT, JASON.

I BELIEVE YOU HAVE IT.

I HAVE A COPY OF IT.

WHAT CAN WE DO B BECAUSE AFTER WE'VE TALKED ABOUT THE LETTER YOU'VE GONE AROUND AND STILL TALK ABOUT, UH, THE ROUTE 40 ACCESS, WHAT CAN WE DO TO SHARE THIS INFORMATION WITH THE PLANNING COMMISSIONERS SO THAT YOU ACTUALLY SEE THIS FIRSTHAND, UM, BEFORE SUGGESTING THAT THIS NOT BE CONSIDERED IN TONIGHT? UH, IF YOU'VE GOT ONE TO PASS AROUND RIGHT NOW.

YEAH.

I MEAN, I'VE GOT, I'VE GOT ONE COPY.

I CAN READ IT INTO THE RECORD IF YOU'D LIKE IT, READ IT IN THERE.

THAT'S EVEN BETTER.

WE'RE FINE.

GO RIGHT

[02:40:01]

AHEAD.

THANK YOU.

YES, SIR.

UH, THIS LETTER IS DATED APRIL 11TH, 2019.

IT IS ADDRESSED TO MR. WILLIAM W. KEY FLEUR, UH, PRESIDENT OF A CARRIAGE TRAILS AT THE HEIGHTS LLC.

ADDRESS 63 75 RIVERSIDE DRIVE, SUITE 200 DUBLIN OHIO 4 3 0 1 7 R E ZONING VERIFICATION LETTER FOR WINDBROOK SINGLE FAMILY AND COMMERCIAL DEVELOPMENT PARCEL NUMBERS, 8 2 9 DASH 0 0 0 7 1 9 AND P FOUR EIGHT DASH 0 0 0 6 9 7.

MR. KEEBLER, THE PURPOSE OF THIS LETTER IS TO PROVIDE ZONING VERIFICATION FOR THE PROPOSED A WINDBROOK DEVELOPMENT.

I AM FAMILIAR WITH THE PROPOSAL TO CONSTRUCT SINGLE FAMILY, LOTS AS WELL AS A STORAGE UNIT FACILITY ON THE COMMERCIAL ACREAGE, THERE WILL BE 79 SINGLE FAMILY, LOTS DEVELOPED IN TWO PHASES.

THE FIRST PHASE WILL CONSIST OF 29.

LOTS IN THE SECOND PHASE WILL CONSIST OF 50 LOTS.

THE COMMERCIAL DEVELOPMENT WILL CONSIST OF 115,900 SQUARE FEET OF STORAGE UNIT FACILITY WITH 12 SEPARATE BUILDINGS ON EIGHT PLUS OR MINUS ACRES.

I OFFER THE FOLLOWING INFORMATION TO VERIFY THAT THE PROPOSED DEVELOPMENT IS PERMITTED WITHIN THE ZONING DISTRICT, NOT APPROVED THE PROPERTY ON WHICH THE WINDBROOK DEVELOPMENT IS LOCATED IS SO IN PLAN MIXED USE PM.

SINGLE FAMILY DEVELOPMENT IS PERMITTED WITHIN THE PM.

DISTRICT STORAGE UNIT FACILITY IS PERMITTED WITHIN THE PM DISTRICT.

THERE ARE NO KNOWN CONDITIONAL USE AND OR VARIOUS APPROVALS REQUIRED FOR THIS PROPOSAL.

PLEASE FIND THE ATTACHED COPY OF THE ZONING CODE AND THE FULL MAP FOR FURTHER DETAIL.

FINAL PLANS MUST ADD HERE TO ALL OTHER CITY OF HUBER HEIGHTS ORDINANCES AND BUILDING CODES SITE AND BUILDING PLAN APPROVAL MUST BE OBTAINED PRIOR TO CONSTRUCTION.

WE LOOK FORWARD TO THE WINDBROOK DEVELOPMENT.

PLEASE FEEL FREE TO CONTACT ME AT HIS PHONE NUMBER.

IF YOU HAVE ANY ADDITIONAL QUESTIONS, SINCERELY SCOTT PEOPLE CALCIUM.

AND THEN THERE IS A MAP OF WHAT WOULD BE AT THAT POINT, THE DEVELOP.

THANK YOU.

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

EVENING DALE MASON FOR NINE TO FIVE.

YES.

ROUTE 40.

UH, A COUPLE CLARIFICATION IS TO START WITH, I'M NOT SURE ANYBODY WAS AWARE THAT THE PERMIT THAT YOU JUST DISCUSSED INCLUDED ALONG WITH THE, BASICALLY THE BEGINNING OF WINDBROOK INCLUDED A STORAGE UNIT COMPONENT TO IT.

IF I SEE LOOK AT THE COMPREHENSIVE PLAN IN 2011, CORRECTLY, THAT AREA IN TAN WAS FOR MIXED USE, NOT MIXED USE RESIDENTIAL, BUT MIXED DENSITY, RESIDENTIAL 2011, THE ZONING REVISE AUGUST, 2021 SHOWS THAT AS MIXED PLANNED USE.

SO IN MIXED PLAN USE, YOU CAN GET TO AN APPROVAL FOR STORAGE UNITS.

I WOULD IMAGINE PROBABLY ANYTHING ELSE COMMERCIAL ALONG THAT STRIP, BUT I DIDN'T REALIZE THAT THAT STRIP AT ANY TIME WAS ZONED COMMERCIAL ACCORDING TO THE COMPREHENSIVE PLAN, OR AS I LOOK AT WHAT'S HAPPENED IN THE MIXED USE DEVELOPMENT OF CARRIAGE TRAILS.

THE ONLY OTHER THING I KNOW OF BEING MIXED USE IS GOING TO BE THE YMCA AND THE, THE AQUATIC PARK.

EVERYTHING ELSE IS RESIDENTIAL.

VERY GOOD MIX OF USES FROM APARTMENTS TO RETIRED LIVING, ET CETERA.

BUT I DON'T KNOW OF ANY OTHER BUSINESS AT THIS POINT, THAT'S GONE INTO THAT MIXED DEVELOPMENT.

SO IF ANYONE PUTS TOGETHER A BUSINESS PLAN, COMMERCIAL, WHATEVER IT CAN FLY IN THAT AREA, CORRECT.

LIKE CORRECTING MY THINKING ON THAT.

THAT'S HOW I UNDERSTAND PRETTY MUCH.

OKAY.

JUST WANTED TO GET THAT UNDERSTANDING, UH, BEFORE WE MOVE FORWARD ABOUT THE ACCESS FROM ROUTE 40 VERSUS SENATE DRIVE, THAT WAS A CONTENTIOUS ISSUE.

I THINK THAT THE KEY WORD HERE IS, IS, UM, REASONABLE.

[02:45:01]

I'M SURE YOU KNOW, THAT EVERYTHING SOUTH OF 40 BASICALLY, AND THE CARRIAGE TRAILS, THOSE RESIDENTS, KIDS GO TO BETHEL SCHOOLS AND THE ONLY OUTLET NORTH OTHER THAN 2 0 1 IS SENNA.

SO IT'S BUSY, VERY BUSY.

UM, SO I WONDER IF THERE'S AN ARGUMENT TO BE MADE PROBABLY TRAFFIC COUNTS HAVE TO BE DONE THAT SORT OF THING TO FIGURE OUT WHETHER OR NOT THERE'S REASONABLE, A REASONABLE QUESTION TO PUT IT ON ROUTE 40 VERSUS STACKING A BED TRAFFIC CLOSE TO THE INTERSECTION.

THERE ARE 40 AND SENATE, OBVIOUSLY FOR TIMES WHEN THAT IS VERY BUSY GOING TO SCHOOL, COMING HOME FROM SCHOOL, COMING HOME FROM WORK, THAT SORT OF THING.

CAUSE IT IS VERY BUSY AND THAT IS THE ONLY NORTHERN OUTLET FROM A LARGE PORTION OF CARRIAGE TRAILS.

AND THEY USE IT A LOT.

IT'S A, AT THIS POINT RIGHT ACROSS THE STREET FROM MY DRIVEWAY.

SO I SEE A LOT OF THAT AS WELL.

UM, I WOULD LIKE TO SEE THIS REQUEST BE MADE OF ODAT AND SEE WHAT THEY COME BACK WITH AND PUT ALL THOSE COMPONENTS INTO IT.

THE OTHER QUESTION I HAVE IS KIND OF A QUESTION FOR THE CITY OF, UH, FEWER HEIGHTS IS YOU'VE GOT A CURB CUT THERE FOR THE WATER TOWER.

OKAY.

IS THAT SOMETHING THAT COULD BE SHARED? THERE'S A LOT OF DRIVEWAYS RIGHT AROUND THERE.

GOT IT.

ACROSS, ACROSS 40, A COUPLE MORE.

THEY'RE VERY CLOSE THAT ARE DOWN 40, BUT THAT IS ONE THAT'S THERE FOR COMMERCIAL.

WHO'S VERY SPARSE ACTUALLY THINKS THE, THE STORAGE UNITS HAVE VERY SPARSE USE AS WELL.

SO IT MAY, THERE MAY BE A FURTHER ARGUMENT TO APPLY TO ODATA TO LOOK INTO THAT A BIT MORE.

I THINK IT WOULD HELP.

SO IF WE'RE KIND OF, IF WE'RE KIND OF STUCK WITH A STORAGE UNITS, I HAVE A COUPLE OF REQUESTS FOR WHAT MIGHT BE ADDITIONAL HERE.

I'M THE ONE THAT LIVES ON THE OTHER SIDE OF THE ROAD, NOT THE RESIDENTS BEHIND.

SO I HAVE THIS TO LOOK AT.

OKAY.

UH, YOU'VE DONE A GOOD JOB, RIGHT? IRON FENCE GOT SOME PRETTY GOOD VEGETATION.

YOU'RE REALLY BEEFED IT UP ON THE SOUTH SIDE THOUGH.

AND I CAN UNDERSTAND THAT TOO ACTUALLY MADE A FOUR FOOT MOUNTAIN THERE TOO.

THAT'S GOOD.

UM, BUT COULD WE EQUAL OUT THE VEGETATION ON THE NORTH SIDE OR DO THE FULL BRICK THING LIKE YOU'RE DOING ON THE WING TOWN BOULEVARD THAT EITHER, OR PROBABLY VEGETATION WOULD BE CHEAPER, BUT I DON'T KNOW.

ALL ALONG 40, THAT IS A, A MAJOR HIGHWAY AND BOY YOU GUYS HAD, SHOULD BE SHOWING UP WHAT'S HAPPENING ABOUT 2 0 1.

I KNOW IT'S NOT HERE WE'RE HEIGHTS, BUT THERE ARE SO MANY STORAGE UNITS GOING UP ON 2 0 1 AND I APPLAUD YOU FOR WHAT YOU'RE DOING WITH THE NIGHT SKY LIGHTING, BECAUSE THERE WAS NOTHING LIKE THAT ON ROUTE 2 0 1.

SO I HOPE THERE'S A GLARING DIFFERENCE BETWEEN THE ROUTE 2 0 1 STORAGE UNITS AND WHAT YOU MIGHT PUT UP HERE ON ROUTE 40.

I, FROM LOOKING AT YOUR LEGGING DOWN ON YOUR DETAIL AND YOUR EURO ILLUMINATION METRICS ON THE SITE, IT LOOKS LIKE YOU'RE DOING YOUR HOMEWORK, WHICH IS GOOD, BUT WE SURE DON'T NEED THOSE GLARING LIGHTS.

IF THEY'RE GOING TO BE THEY'RE LIGHTING UP THE SKY AS WELL AS OTHER PEOPLE'S HOMES.

THAT'S ALL.

THANKS.

I'M SO SORRY.

I SPOKE AT A TURN.

I JUST GOT EXCITED.

UM, MY NAME IS MONIQUE GOALS HOUSE AND, UM, I AM SET RESIDENT THAT, THAT SHOT MR. FOSTER, AN EMAIL THAT SAID I, I REACHED OUT ODAT AND I ACTUALLY SPOKE WITH ODAT THIS MORNING, UM, BECAUSE I HAD NOT HEARD BACK FROM, UH, FROM THEM.

AND SO THEY, THEY REACHED OUT THIS MORNING AND SAID THAT THEY ARE WORKING 100% IN HYPOTHETICAL'S.

SO WITHOUT AN APPLICATION, THEY CAN SAY IT LIKELY WOULD NOT BE APPROVED, BUT THEY CANNOT SAY 100% BECAUSE THEY WOULD NOT BE COMING OUT TO LOOK AT THE FACT THAT THIS CUT OFF CENTER WOULD BE DIRECTLY BEHIND THE PLAYGROUND, UM, THAT, UH, UH, WITH THE TRAFFIC, WITH THE ADDITION OF THE 50 ADDITIONAL HOMES THAT THEY'RE ADDING RIGHT NOW, UM, IN THE WINDBROOK A CARRIAGE TRAILS.

SO TO DO THEY'D TO DO IT, YOU KNOW, A COMPREHENSIVE LOOK AT IT TO SEE WHAT THE DEFINITION IS.

MS. FARGO MENTIONED OF REASONABLE ACTUALLY IS BECAUSE THE LEGAL DEFINITION OF REASONABLE IS, UM, TO PRESERVE PUBLIC SAFETY.

AND SO WHEN WE RUN INTO THAT TYPE OF A SITUATION AS, UM, THE GENTLEMAN THAT PREVIOUSLY SPOKE WHEN WE'RE STACKING UP, TRYING TO GET OUT, UM, AND, AND A LOT OF US ARE WORKING FROM HOME.

WHEN THINGS GET BACK TO A LOT OF US LEAVING OUR HOUSES AGAIN, WE'RE GOING TO INVITE MORE TRAFFIC.

AND WE DID NOTICE, UM, SOMETIME OVER THE PAST MONTH OR SO, THERE HAS BEEN SOME SORT OF TRAFFIC STUDY DONE.

THERE WAS, YOU KNOW, THE LITTLE THINGS THAT RUN ACROSS THE ROAD AND THE, THE CLICKERS ON THE SIGNS.

SO WE DON'T KNOW WHO DID THAT, BUT WE DO KNOW THAT THERE, YOU KNOW, WE WERE RUNNING OVER THINGS AS WE EXITED CIENA AS WE WERE LEAVING.

SO THAT'S THE FIRST POINT THAT I WANTED TO MAKE BECAUSE THEY ARE, THEY'RE WORKING 100%

[02:50:01]

IN HYPOTHETICAL'S.

UM, THE, THE OTHER THING THAT I DEFINITELY WANTED TO, TO ASK ABOUT, BECAUSE IT WAS JUST MENTIONED A SECOND AGO WITH REGARD TO A LETTER THAT NONE OF US HAVE SEEN, UM, IS THAT IT WAS MENTIONED THAT IT WAS 12 BUILDINGS AND THIS IS 14.

SO THAT'S SOMETHING TO, TO ASK ABOUT, TO SEE, YOU KNOW, DOES THIS MEET THE INTENT? SHOULD IT BE APPROVED? UM, ADDITIONALLY WE'VE DISCUSSED THE OTHER STORAGE UNITS AND WE WERE HERE LAST TIME.

SO YOU GUYS HAVE HEARD SOME OF THIS ALREADY, AND I'M SORRY ABOUT THAT.

UM, WE, WE WOULD, WE DO ASK, I KNOW THAT WE'VE GOT SOME ADDITIONAL NEIGHBORS THAT WEREN'T ABLE TO ATTEND AND THEY HAVE SENT LETTERS AND THOSE AREN'T CURRENTLY IN YOUR PACKETS, BUT I'VE, I'M 100% SURE THAT YOU SHOULD HAVE THREE OR FOUR MORE.

THAT THAT CAME IN TODAY AT SOME POINT, UM, WE HAVE 11 STORAGE FACILITIES RIGHT NOW WITHIN 3.5 MILES OF OUR HOUSE.

UM, I SPOKE WITH ONE THE LAST TIME THAT WE HAD THIS CONVERSATION AND HE SAID THAT HE WAS UNDER 80% OCCUPANCY.

UM, SO IF WE'RE TALKING ABOUT PEOPLE WANTING TO STORE THINGS WHERE THEY LIVE, WE GOT 11 OF THEM RIGHT NOW.

UM, AND THEN THE ADDITIONAL PIECE IS I REACHED OUT TO, UH, TWO APPRAISERS, UM, AND A COUPLE OF REAL ESTATE AGENTS, THE REAL ESTATE AGENTS, THEY'RE BUSY.

THEY SAID, WE'RE NOT GOING TO JUMP INTO THAT.

THE APPRAISERS WERE A LITTLE MORE FRIENDLY WITH REGARD TO SAYING, UM, IT DOESN'T, WE WANT APPRAISER SPECIFICALLY SAID, THIS DOESN'T MEET THE AESTHETICS OF THE INTENT OF THE AREA WITH YOU GUYS SPENDING THE AMOUNT OF MONEY THAT YOU'RE SPENDING ON YOUR HOMES.

UM, AND, AND I DON'T MIND SAYING I GOT AWAY WITH A STEAL CONSIDERING WHAT THE PEOPLE WERE PAYING WITH THE NEW WIND BROOKS THAT ARE COMING IN DOWN THE STREET.

SOME OF THE PRICES DOWN THERE ARE UPWARDS OF $450,000.

AND WHILE WE HAVE A MOUND AND, UH, UM, A SET OF TREES THAT ARE PROPOSED FOR OUR AREA, THAT DOESN'T NECESSARILY EXTEND ALL THE WAY AROUND.

AND SO IF WE'RE GOING TO LOOK AT THIS, I WOULD, I WOULD ASK AS WELL THAT WE CONSIDER NORTH AND SOUTH FOR IT TO, TO BE CONSIDERED THAT WAY.

UM, I'M LOOKING, I'M SORRY.

I HAD A LOT OF NOTES.

AND THEN THERE WAS LOTS OF WORDS.

SO WE, WE ARE CONCERNED ABOUT, UH, PROPERTY VALUES.

I, AND, AND I MENTIONED THIS THE FIRST TIME, UM, IT MAY BE A BEAUTIFUL STORAGE FACILITY.

I DON'T KNOW WHAT THAT LOOKS LIKE, BUT THERE MIGHT ACTUALLY BE JUST A BEAUTIFUL STORAGE FACILITY, BUT I STILL WOULD NEVER BOUGHT MY HOUSE.

IF IT WAS BOUGHT UP AGAINST ONE, WE HAVE BEEN MOVING AROUND FOR 20 YEARS NOW.

UM, WE, WE DO THIS EVERY THREE TO FIVE YEARS.

WE'VE USED STORAGE FACILITIES WOULD USE STORAGE FACILITIES ALL OVER THE COUNTRY.

THEY'VE NOT BEEN AWESOME.

UM, AND WE DON'T GO CHEAP BECAUSE WE WANT OUR STUFF TO BE PROTECTED.

SO YOU DON'T GO AND FIND THE CHEAPEST RATE FOR A STORAGE FACILITY.

EITHER YOU LOOK FOR SOMETHING THAT'S GOING TO HAVE THE PROTECTION, AND IT'S STILL NOT BEEN A GREAT EXPERIENCE GOING IN.

AND YOU KNOW, WHEN SOMEONE DECIDES THAT THEY'RE GOING TO MOVE AND THEY'RE GOING TO CLEAN OUT THEIR FACILITY AND STACK EVERYTHING UP BY THE DUMPSTER, YOU KNOW, THIS STUFF, UM, IS A CONCERN FOR US.

AND LIKE I SAID, WE ARE RIGHT UP AGAINST THIS.

WE HAVE A FOUR FOOT FENCE BECAUSE THAT'S WHAT A LAW THAT'S ALLOWED IN OUR NEIGHBORHOOD.

AND WE HAVE FOUR WINDOWS ON THE BACK OF THE HOUSE, ON THE SECOND FLOOR THAT WOULD BE LOOKING OUT ON WHATEVER IS GOING TO BE HAPPENING WITH THIS.

UM, AGAIN, I'M SORRY.

I SPOKE OUT OF TURN.

THANKS SO MUCH FOR YOUR TIME.

THANK YOU.

GOOD EVENING HAS BEEN QUITE A NIGHT, HASN'T IT? ABSOLUTELY.

MY NAME IS DAVID FRANK, D A V I D F R A N K.

APPRECIATE YOU GUYS BEING HERE SO LATE IN THE EVENING, WE ALL HAVE HOMES WE'D LIKE TO BE AT RIGHT NOW.

AND I UNDERSTAND YOU'RE VOLUNTEERS.

IS THAT RIGHT? CORRECT.

AND THEY SHOULD PAY YOU, I THINK BECAUSE YOU PROBABLY GET A LOT OF GRIEF.

UH, I IMAGINE IT'S A, IT'S SOMETIMES, UH, A HEAVY WEIGHT ON YOUR SHOULDERS TO WHEN EVERYBODY, ANYBODY COMES WITH YOU WITH A PROPOSAL, YOU GET A LOT OF US ON THE OTHER SIDE THAT ARE VERY PASSIONATE AND EMOTIONAL.

AND IT SEEMS LIKE WHINING.

WHEN YOU GO HOME TONIGHT, THINK OF THE COMFORT THAT YOU HAVE WHEN YOU ENTER THAT HOME FROM THE CLOSE, WE WERE GOING HOME, THE FOOD WE EAT, WE TAKE COMFORT.

WHAT WE FEAR MOST IS CHANGE, RIGHT? CHANGE IS THE ONE CONSTANT THING IN THE UNIVERSE.

NOW, MOST OF THE TIME WE ACCEPT CHANGE IF IT'S FOR THE GOOD, BUT WHEN WE DON'T THINK IT'S FOR THE GOOD THAT'S WHEN WE GET PASSIONATE AND EMOTIONAL AND BELIEVE THAT ON TO YOU.

SO I APPRECIATE YOU BEING HERE.

CAN YOU MOVE THE SLIDE BACK TO THE, TO THE, UH, OVERVIEW OF THE SITE FOR ME, PLEASE? CAN YOU HEAR ME IN THE PODIUM? I'M ACTUALLY GOOD AT PROJECTING.

THE ONE THING THAT'S MISSING FROM THIS PICTURE,

[02:55:01]

YOU SEE THE TREE LINE HERE IS RIGHT ALONG THAT TREE LINE, OUR HOLES THAT'S, WHAT'S MISSING HERE.

THE HOLES, IT SOUNDS TO ME LIKE THE CITY MAY HAVE MADE A MISTAKE WHEN THEY SENT THAT LETTER OUT COMMERCIAL DEVELOPMENT IN OUR AREA.

IT'S NOT FORBIDDING AND THAT THE CITY, YOU KNOW, TO MAKE A MISTAKE, BUT WHEN THEY MADE THAT MISTAKE IN 2019, WHEN THEY SENT THE LETTER, UH, YOU THINK THEY WOULD HAVE ASKED OUR OPINION, THEN WHAT WE THOUGHT OF STORAGE FACILITIES, MOVING NEXT TO OUR RESIDENTIAL AREA.

I HAVE KIDS, RIGHT? ALL OF US DID THAT PARK IS RIGHT NEXT TO WHERE THEY ARE PLANNING TO MAKE YOUR ENTRANCE.

AND I DIDN'T HEAR WHEN YOU READ IT IN THAT SENT OUT WAS THEIR ENTRY FOR THAT.

UNLESS I MISSED IT.

AM I INCORRECT? I DID READ THAT.

YES.

SO THEY SAID SENA WOULD BE THE ACCESS, THE SINGLE ACCESS POINT CENTER PER THIS PLAN.

THAT'S CORRECT.

WELL, I HAVE TO TALK TO SOMEBODY IN THIS CITY ABOUT THAT.

SO I AM CONCERNED ABOUT THE CRIME.

I AM CONCERNED, YOU KNOW, YOU KNOW, IF YOU DON'T PUT THIS IN, I, YOU KNOW, I, WHAT I HEAR THE ARGUMENT HERE IS THE LESSER OF TWO EVILS, A GAS STATION, TATTOO PARLOR, A MARIJUANA DISPENSARY, MAYBE A BIKER BAR.

I DON'T BELIEVE IN CHOOSING THE LESSER OF TWO EVILS.

IT'S EITHER RIGHT.

OR IT'S WRONG.

EVENTUALLY YOU'RE GOING TO BUILD, I ASSUME FROM WINDBROOK ALL THE WAY UP TO BRAND, WHAT IS THE LONG-TERM PLAN? WHAT DO YOU WANT US 40 TO LOOK LIKE UP AGAINST THOSE RESIDENTIAL AREAS? BECAUSE I'M TELLING YOU RIGHT NOW, IF THE CITY SAYS WE'RE GOING TO BUILD COMMERCIAL, NOBODY'S GOING TO BUY THOSE HOMES AND YOUR INVESTORS.

AREN'T GOING TO WANT TO BUILD THERE.

SO WHAT DO WE WANT IT TO LOOK LIKE? AGAIN, WE TALKED IN THE LAST MEETING SINCE YOU WEREN'T HERE AND YOU WEREN'T PRIVY TO IT.

THE CONSISTENCY BETWEEN CARRIAGE TRAILS AND WINDBROOK CARRIAGE TRAILS HAS ALL THE BERMS. SO THEY DON'T SEE THE TRAFFIC AND THE ICE SOURCE OF THE THINGS YOU DON'T WANT TO SEE OUT OF YOUR COMFORT, PLACE, YOUR HOME.

WE DON'T HAVE THAT IN WINDBROOK.

WE HAVE THAT NICE LITTLE NATURE AREA THAT BUFFER BETWEEN US 40 AND US.

AND WE'RE GOING TO BUILD A STORAGE FACILITY.

I WOULD GO WITH THE BERM AT A MINIMUM, BUT IT'S OBVIOUSLY THAT THE BURN WAS TOO INTRUSIVE TO MAKE IT EQUAL TO THAT OF CARRIAGE TRAILS, BECAUSE HE WAS, HE WOULD, WOULD'VE LOST A LOT OF SPACE.

SO I THINK WE SHOULD LOOK AND CONSIDER THAT.

I DON'T KNOW.

I DON'T KNOW WHAT YOUR DECISION OR RECOMMENDATION WILL BE.

I'M A FLAT NOTE.

MAYBE YOU SHOULD GIVE HIM A REFUND FOR THAT PARCEL OF PROPERTY.

WE BUILD A BERM AND CONSIDER THAT THE REST OF DOWN US 40, OR YOU'RE GOING TO HAVE TRUCK STOPS AND WHATEVER, ALL THE WAY DOWN US FORD, NOBODY'S GOING TO BUILD THERE.

IT'S NOT GOING TO HELP YOUR REVENUE.

IT'S NOT GOING TO DO ANY OF THAT.

I APPRECIATE YOUR TIME.

I REALLY DO.

GOOD NIGHT.

THANK YOU.

HI, MY NAME IS MORGAN SODA.

I LIVE IN, UM, I WAS JUST INFORMED TONIGHT, NOT WHEN BROOKE, BUT CARRIAGE TRAILS APP WINDBROOK UH, UM, SO I LIVE ON SNOWDROP COURT.

I JUST CLOSED ACTUALLY THE FRIDAY AFTER THE SEPTEMBER MEETING.

SO I WAS INFORMED ABOUT THIS PROPOSAL FOUR DAYS BEFORE I BOUGHT MY HOUSE.

THAT WILL BE RIGHT ACROSS THE STREET FROM THE DRIVEWAY.

UM, SO MY CONCERN IS, FIRST OF ALL, THE PARK, MY KIDS PLAY AT THAT PARK AND HAVING A DRIVEWAY TO A STORAGE UNIT FACILITY JUST DOESN'T FEEL LIKE SOMETHING THAT SHOULD BE GOING RIGHT BEHIND EIGHT CHILDREN PARK.

UM, SECOND OF ALL, I KNOW PEOPLE ARE TALKING ABOUT BEING ABLE TO SEE THE, UM, STORAGE UNIT FACILITIES FROM THE BACK OF THEIR HOUSE.

I'M GOING TO SEE A DRIVEWAY AND A WROUGHT IRON FENCE AND A LEASING OFFICE FROM THE FRONT OF MY HOUSE.

UM, WHICH I THINK IS GOING NOT.

I THINK I KNOW WHAT AFFECT MY PROPERTY VALUE.

IF I WENT TO SELL, NOBODY WANTS TO WALK OUT THEIR FRONT DOOR TO GET IN THEIR CAR AND SEE A RESIDENTIAL BUSINESS WHEN YOU BOUGHT IN THE NEIGHBORHOOD.

UM, SO THAT IS MY MAJOR, MAJOR CONCERN, ESPECIALLY KNOWING THAT IT'S NOW A WROUGHT IRON FENCE.

AND I WOULD LITERALLY SEE THE LEASING OFFICE, THE SIGNAGE, ALL OF THAT FROM MY FRONT WINDOWS, UM, LET ALONE THE TRAFFIC THAT IT'S GOING TO BRING TO THE AREA LIKE OTHER PEOPLE HAVE COMMENTED.

UM, I DEFINITELY FEEL LIKE AN ENTRANCE FROM 40 WHERE THEY COULD DO THE SAME VEGETATION AND BURNS THAT THEY'RE DOING ON THE BACKSIDE TOWARDS THE ACTUAL, LIKE WINDBROOK HOUSES ALONG THE SIDE OF SENNA WOULD KIND OF TAKE AWAY THAT EYESORE FROM MY FRONT YARD.

UM, BUT A LEASING OFFICE IS GOING TO 100% AFFECT MY PROPERTY VALUES.

IT'S GOING TO AFFECT MY ABILITY TO TAKE MY KIDS TO THAT PARK AND NOT BE FEARFUL THAT SOMEBODY IS GOING TO COME FLYING IN.

UM, AND HE EVEN SAID, PEOPLE ARE

[03:00:01]

COMING IN THERE AT 2:00 AM.

WE HAVE YOUNG CHILDREN.

UM, YOU CAN'T AFFECT YOU.

CAN'T SAY THAT THEY'RE, IT'S NOT GOING TO BE LOUD BECAUSE YOU COULD GET PEOPLE IN THERE THAT ARE SCREAMING AT 2:00 AM.

YOU COULD GET THE SOUNDS OF THE GARAGE DOORS GOING UP AND DOWN AT 2:00 AM.

UM, THEY'RE NOT RESIDENTIAL GARAGE DOORS THAT ARE GOING TO BE QUIET.

THEY ARE METAL GARAGE DOORS THAT ARE GOING TO BE CLINKING AROUND.

UM, SO I DON'T THINK IT'S FAIR AT ALL TO SAY THAT WE'RE NOT GOING TO HEAR OR BE BOTHERED BY THE STORAGE UNIT.

AND I THINK THAT THE VERY LEAST THE ENTRANCE NEEDS TO BE ALL 40.

SO THAT I, THAT MY SIDE OF CARRIAGE TRAILS ACROSS FROM CIENA CAN GET THE SAME CONSIDERATION THAT THE REST OF WINDBROOK HAS GETTING WHERE WE DON'T HAVE TO STARE AT IT AT THE VERY LEAST.

UM, I WOULD NEVER IN 10 MILLION YEARS HAVE BOUGHT MY LOT.

IF I HAD KNOWN THAT THIS WAS A POSSIBILITY BECAUSE I WOULD HAVE WENT WITH LIKE RYAN OR FISHER AND BUILT FURTHER IN CARRIAGE TRAILS WHERE I WOULDN'T HAVE HAD TO LOOK ACROSS THE STREET AND SEE THIS.

UM, IF I, LIKE I SAID, IF I HAD DONE THAT, THIS WAS A POSSIBILITY IN ANY WAY, SHAPE OR FORM, I WOULDN'T HAVE BOUGHT IT, WHICH 100 PRINTS PERCENT SHOWS ME IT WILL AFFECT MY PROPERTY VALUE BECAUSE SOMEBODY ELSE IS GOING TO THINK THE EXACT SAME THING.

UM, SO I REALLY HOPE THAT YOU GUYS CONSIDER REFUSING TO LET THE CURB CUT, BE OFF OF CENTER, BECAUSE THAT'S GOING TO BE AN ISSUE FOR TRAFFIC AND ISSUE FOR THE AESTHETICS OF THE NEIGHBORHOOD AND AN ISSUE FOR OUR RESALE AS WELL.

THANK YOU.

GOOD EVENING.

MY NAME IS MIKE RILEY.

I LEAVE AT 50 75 US ROUTE 40.

I DON'T KNOW IF YOU GUYS CAN SEE THIS, BUT ON THE, KIND OF IN THE MIDDLE OF 40, IT SAYS EXISTING MAILBOX.

THAT'S MY MAILBOX.

AND JUST TO CLARIFY, DALE HERE LIVES, HIS DIRECTLY DRIVEWAY IS DIRECTLY IN FRONT OF CENTER ROAD.

I KNOW WE'RE JUST TWO PEOPLE.

UM, I BOUGHT THIS HOUSE THREE YEARS AGO IN NOVEMBER OF 2018, 10 AND A HALF ACRES IN THE COUNTRY.

I'VE GOT A FARM FIELD ON MY LEFT.

I'VE GOT DALE ON MY RIGHT.

I'VE GOT A CORN FIELD THAT I SHARE CROPPER, LEASE OUT.

AND I'M ASSUMING AGRICULTURAL DALE'S ZONE AGRICULTURAL.

THE FARMER NEXT TO ME IS ZONED AGRICULTURAL EVERYTHING ACROSS THE STREET.

I WAS UNDER THE UNDERSTANDING IT'S ALL ZONED RESIDENTIAL.

UM, AND IT SOUNDS LIKE IT WAS ZONED RESIDENTIAL UNTIL 2019, WHICH WHEN YOU GUYS BROUGHT THIS MEETING TOGETHER, WE WERE NOTIFIED BY A CARD.

AND I DON'T RECALL GETTING A CARD AND I DON'T KNOW WHAT THE PROCEDURE IS.

SO I'M IGNORANT TO THAT, BUT I'M JUST SAYING THIS PROPERTY WAS REZONED AND I IT'S JUST A SURPRISE TO ME.

AND IT SOUNDS LIKE IT'S A SURPRISE TO A LOT OF PEOPLE WITH EXCEPTION OF THE BUILDER.

AND I RESPECT YOU, SIR.

YOU'RE TRYING TO, YOU'VE GOT A BUSINESS.

YOU'RE TRYING TO MAKE MONEY.

I GET THAT.

I GET THAT, BUT I AM A LITTLE ASHAMED OF YOU BECAUSE YOU DON'T KNOW WHY I WOULD PUT A STORE IN LA.

WE'RE NOT TALK TO ME.

OKAY.

WELL, I'M ASHAMED OF HIM BECAUSE IF I WERE HIM, IT WOULD, I WOULD NEVER PUT A STORE IN A LOCKED FACILITY BEHIND THE HOUSES THAT I'M BUILDING.

NOW I UNDERSTAND HE ENTERED INTO SOME AGREEMENT WITH THE CITY AND IT WAS ALL GOOD.

GOOD.

AND, AND WE ALL SHOOK HANDS AND THERE WAS A LETTER SENT.

IT DOESN'T SOUND RIGHT TO ME.

I DON'T KNOW.

I WASN'T THERE.

IT SOUNDS LIKE A LOT OF YOU WEREN'T THERE.

BUT WITH THAT SAID, I THINK ZONING, THIS LITTLE SECTION AS COMMERCIAL WAS THE FIRST MISTAKE.

IF IT WAS ZONED COMMERCIAL, IT SOUNDS LIKE BASED ON WHAT DALE SAID TO YOU, IT'S REALLY NOT ZONED COMMERCIAL.

I DON'T, I'M NOT QUITE SURE WHAT, UM, WHAT IT WAS CALLED MIXED PLANNING AS IS MEANING, CAUSE I'M NOT A CITY PLANNER LIKE YOURSELF.

AND I, LIKE I SAID AGAIN, IGNORANT TO THIS WHOLE PROCESS, NEVER BEEN HERE, USED TO LIVE IN A PLAT.

WE HAD A NICE LITTLE COMMUNITY, UM, COMMITTEE THAT TOLD US WHAT WE COULD DO.

YOU CAN'T BUILD FENCES, YOU CAN'T DO THIS.

WELL.

I BOUGHT THIS PROPERTY IN THE COUNTRY TO LIVE IN THE COUNTRY.

UM, AND I ACTUALLY CARE SO MUCH THAT I GOT MAYBE 50 FEET WIDE, THE ENTIRE WIDTH OF THE PROPERTY DIRECTLY ACROSS THE STREET FROM ME, WHICH I UNDERSTAND IS YOURS.

AND IF YOU'D LIKE ME TO QUIT DOING THAT, I WILL.

BUT I CARE ABOUT WHAT THINGS LOOK LIKE.

AND IF THIS GOES IN, I'M GOING TO DRIVE HOME EVERY DAY, LIVING ACROSS THE STREET FROM A STORE, A LOCK, AND TO ALSO PAIR IT WITH THE YOUNG LADY SAID MY PROPERTY VALUE DALE'S PROPERTY VALUE IN ALL THESE POOR PEOPLE THAT ARE BUILDING THESE HOUSES, PROPERTY VALUES WILL NOT BE WORTH AS MUCH.

AND I JUST HOPE YOU GUYS THINK ABOUT THAT.

AND I'M TELLING YOU A LOT OF FEELINGS AND THOSE POOR PEOPLE, UH, IN THE PREVIOUS

[03:05:01]

HEARING TOLD YOU A LOT OF FEELINGS, BUT LET'S TALK LOGIC.

IS THIS GOING TO AFFECT MY PROPERTY VALUE? YES, IT WILL.

WOULD A SUNOCO AFFECT MY PROPERTY VALUE? YES, IT WOULD.

THAT'S WHY THIS LITTLE EIGHT ACRES SHOULDN'T BE A COMMERCIALLY ZONED AREA.

I THINK THEY SHOULD PUT SMALLER HOUSES OR SOME SMALLER LOTS ON THERE IF THAT'S POSSIBLE, BUT MAYBE THAT'S NOT POSSIBLE.

OKAY.

I'LL JUST QUIT.

CAUSE I KNOW I RAMBLED ON, BUT I THANK YOU.

I APPRECIATE WHAT YOU GUYS DO BECAUSE I WOULDN'T WANT YOUR JOB, BUT THANK YOU VERY MUCH AND HAVE A GOOD ANYONE ELSE WISHING TO SPEAK ON THE ZONING CASE.

HI, MY NAME IS PAUL .

I'M AT 969 BUTTERCUP, WHICH IS KIND OF ON THE OTHER SIDE OF THE LITTLE PLAYGROUND THAT EVERYBODY BRINGS UP.

AND MY MAIN, THE GUYS MADE A LOT OF CONCESSIONS, YOU KNOW, APPRECIATE THAT.

UM, BUT MY MAIN MAIN ISSUE I'VE ALWAYS HAD WAS THAT DRIVEWAY IS RIGHT THERE ON CENTER STREET.

AND WE ALL KNOW WHO PARKS, WHAT THEY PARK AT STORAGE FACILITIES AND WHAT THEY DRIVE IN THERE.

IT'S LIKE, YEAH, 15 PEOPLE, BUT IT'S, WE BOX TRUCKS A SOMETHING WITH A GIANT TRAILER, YOU KNOW, A BOAT YOU'RE GOING TO BE PULLING A TRAILER WITH A GIANT DIESEL TRUCK.

SO, AND IT'S RIGHT NEXT TO A PLAYGROUND.

AND MY SON IS TWO YEARS OLD AND HE PLAYS AT THAT PLAYGROUND AND HE LIKES TO DO STUPID STUFF AND RUN OFF.

AND GOD FORBID, IF SOMEBODY'S PULLING IN THERE OFF OF ROUTE 40, CAUSE IT'S ALMOST ANGLED, YOU COULD COME IN THERE REALLY FAST AND HE'S JUST THERE.

AND SO IT JUST KIND OF FREAKS ME OUT THAT THERE'S A COMMERCIAL DRIVE THERE WITH PEOPLE THAT DON'T LIVE IN THE AREA COMING, COMING TO DO THEIR BUSINESS THERE.

SO I WOULD BE SUPER HAPPY IF IT WAS SOMEWHERE ELSE.

UM, HOWEVER, IF THAT CAN WORK, THE WATER TOWER IDEA REALLY, REALLY RESONATED WITH ME.

SO IF THAT'S SOMETHING THAT THE CITY HUBER HEIGHTS COULD DO IS TO MAKE THAT DRIVE WHERE THE WATER TOWER IS INTO SOMETHING.

SINCE ONCE THAT'S THERE, THERE'S GOING TO BE MORE, MORE COMMERCIAL.

IF YOU GUYS CAN DO THAT, TO MAKE THAT A KIND OF SOMETHING LIKE A CUL-DE-SAC TYPE THING WHERE YOU CAN DO A LITTLE BUSINESSES OFF, THAT'D BE AWESOME.

CAUSE IT IS ON THE OTHER SIDE OF THAT PROPERTY.

SO, UM, EVERYBODY ELSE SAID A LOT OF GOOD THINGS AND I DON'T KNOW, DON'T NEED TO SAY IT AGAIN, BUT THAT ONE IS THE ONE THAT REALLY STRUGGLED.

I FEEL THE STRONGEST ABOUT, SO THANKS.

THANK YOU.

UH, AND ALSO MY WIFE SENT AN EMAIL, UH, I THINK YOU'RE ON IT.

SO SHE, SHE ALSO SAID A LOT OF GOOD POINTS, SO SUGGEST EVERYBODY READ IT HER NAME'S JENNIFER SEC.

ANYONE ELSE WISHING TO SPEAK ON THIS ZONING CASE? OKAY.

A COUPLE OF POINTS OF CLARIFICATION.

SO THE GUY THAT FEELS BAD FOR ME, THIS WASN'T REZONED WHEN WE GOT SCOTT'S LETTER, THE 2019 LETTER WAS A CONFIRMATION OF THE ZONING THAT WAS PUT IN PLACE IN 2005.

SO SINCE 2005, THIS HAS BEEN A COMMERCIAL EIGHT ACRE PARCEL.

UH, NEVER TOUCHED NEVER ANYTHING HAPPENED TO IT, BUT IT'S BEEN COMMERCIAL FROM THE TIME IT WAS ZONED IN THE ORIGINAL APPROVALS, THE IDEAS OF USING THE WATER TOWER DRIVEWAY.

TWO PEOPLE BROUGHT THAT UP.

WE ACTUALLY LOOKED AT THAT THE CITY DOESN'T OWN THAT DRIVEWAY, THAT DRIVEWAY IS OWNED BY THE ADJACENT PROPERTY OWNER AND THE CITY WAS GRANTED AN EASEMENT TO USE THE DRIVEWAY BECAUSE THEY DIDN'T HAVE TO GO THROUGH A CURB CUT ON ROUTE 40 THAT WAY.

SO THERE YOU'RE COMING IN TO YOUR WATER TOWER, OVER SOMEBODY ELSE'S CURB CUT.

UM, THE BETHEL TRAFFIC THAT WOULD CONSIDER, YOU KNOW, DISCUSS COMING UP CENTER STREET AND GOING TO BETHEL.

IT DOESN'T MAKE ANY DIFFERENCE IF YOU'RE ON CENTER, IF YOU'RE ON 40, IF YOU'RE GOING TO BETHEL, YOU'RE GOING TO GO BY THE EXIT BY THE ENTRANCE TO THAT EITHER WAY.

CAUSE YOU'RE GOING TO GO 40 AND TURN RIGHT.

UH, WE'VE ALREADY COMMITTED TO MASONRY EXPOSURE ALONG ROUTE 40.

REMEMBER THE, THE ONLY MASONRY OPPORTUNITY IS IN THE COLUMNS OF THE BUILDING CAUSE EVERYTHING ELSE IS DOORS.

SO THE ROUTE 40 EXPOSURE WOULD HAVE THAT.

AND I THINK THOSE ARE THE EXTENT OF MY COMMENTS.

THANK YOU.

THANK YOU.

THE OLD MASON,

[03:10:01]

UM, ISN'T THE ZONING CURRENTLY? AUGUST 28, 21 IS ON YOUR MAP.

I'M SORRY.

THE CURRENT ZONING MAP ON YOUR WEBSITE IS AUGUST 22, 1 21.

THAT WAS THE MOST UPDATED VERSION OF THE ZONING MAP.

I BELIEVE THAT WAS PLACED ON THE WEBSITE.

OKAY.

AND RIGHT NOW THAT DOES NOT SHOW COMMERCIAL, BUT IT SHOWS MIXED PLANNED USE.

I GUESS YOU CAN CONSIDER THAT COMMERCIAL, HOWEVER, PLAYING THIS PLAN 2011.

SO IS IT ALL RESIDENTIAL? SO THERE WAS A DEVIATION, BUT THE ZONING MAP DOES NOT GET DOWN INTO CLOSE ENOUGH TO SAY IT WAS A ZONE COMMERCIAL.

IT'S A ZONED PLAN TO MIXED USE.

AND THAT IS THE SAME AS COMMERCIAL OR SAME AS ANYTHING.

IT COULD ALSO BE RESIDENTIAL.

CORRECT.

ALL RIGHT.

AND A PLAN NEXT TO USE DEVELOPMENT.

UH, THERE ARE SEVERAL DIFFERENT OPTIONS THAT WOULD BE PERMITTED, NOT NECESSARILY APPROVED, BUT PERMITTED A COMMERCIAL USE WOULD BE ONE.

ANY RESIDENTIAL USE WOULD BE ONE.

SO BOTH OF THOSE THINGS CAN BE, ARE PERMITTED AND CAN BE APPROVED IN A PLAN TO MIXED USE DEVELOPMENT.

OKAY.

OKAY.

AS FAR AS THEN THE MASONRY EXPOSURE ALONG ROUTE 40, ARE THERE OTHER DOORS ALONG THE NORTH FACADE? THERE'S NOT JUST DOORS ON THE INTERIOR THERE'S DOORS ON BOTH SIDES OF YOUR UNITS.

CORRECT.

SO THERE'S METAL DOORS AND THERE'S TILT UP CONCRETE COLUMNS, BASICALLY THE BOTTOM, THE BOTTOM OF THAT PHOTO ON THE, ON THE SCREEN NOW IS THE NORTH FACADE.

GOTCHA.

OKAY.

SO 80% OF IT IS METAL.

IS THAT WHAT WE'RE CONSIDERING MASONRY? I MEAN, TILT UP CONCRETE IS NOT MASONRY EITHER, SO IT'S REALLY NO MASONRY THERE STOP OUT BREAK STONE OR RD BOARD AS THIS.

THOSE WOULD BE CORRECT.

REALLY? THAT'S THE DEFINITION OF MASONRY? I GOT SICK.

MY ARCHITECTURAL DIGEST.

MR. J, SORRY, JUST TO BE CLEAR, I BELIEVE YOU SAID THE BLUE WAS INCLUDED, BUT I'M PRETTY SURE HE SAID THE BLUE IS THE METAL AND EVERYTHING THAT IS NOT BLUE.

IT WOULD BE MASONRY PRODUCT JUST SO I'M THINKING 80% IS NOT MASONRY HERSELF BY JUST GLANCING AT IT.

OKAY.

WELL, UM, IS THAT OKAY BY YOUR STANDARDS? 20% MASONRY.

OKAY.

UM, BASED ON CORRECT.

SO THE, SO IT'S A HUNDRED PERCENT MASON.

OH, WHY DON'T I KNOW THAT, UH, BASED ON THE CALCULATION, HOWEVER, I DIDN'T MAKE IT ALL DOORS.

HOW, HOWEVER, IN THIS CASE BEING A PLANNED AND MIXED USE DEVELOPMENT, THE PLANNING COMMISSION HAS THE ABILITY TO SET THE ZONING CODE FOR THIS PARTICULAR PARCEL.

SO WITH THAT, WHAT THAT MEANS IS, SO THIS PARCEL AS A BUILDING ON IT, THE PLANNING COMMISSION CAN SET THE ZONING CODE FOR, WITH IT BEING AT A MORPHOUS PLAN MIXED USE, CORRECT? THE ENTIRE DEVELOPMENT OF CARRIAGE TRAILS AND WINBERG HAS ALL PLAYING MIXED USE DEVELOPMENT.

IT'S ALSO IN THE SAME WAY THIS PROPERTY.

SO I'M PLAYING MIXED USE.

IT'S GOING TO COME IN TOTALLY SEPARATE APPROVAL PROCESS FOR WHATEVER THAT SUBMITTAL MAY BE.

SO FROM A PROCEDURAL PERSPECTIVE, YOU KNOW, EACH PROPERTY IS TAKEN INTO CONSIDERATION ON ITS OWN MERIT.

OKAY.

IS IT EITHER, IT GIVES YOU MAXIMUM FLEXIBILITY, THEN THE BASICALLY PUT WHATEVER YOU WANT IN THERE FROM HOUSES TO BIKER BAR.

SOMEBODY SAID, SO THEY ALL, THEY ALL, THEY ALL FIT IN THAT CATEGORY.

SO YOU'VE GOT TO DECIDE REALLY WHAT IS YOU ALL WANT TO DO AS DAVE SAID WITH, WITH 40 AND THE REST OF THE STRETCH THAT GOES DOWN OR AS YOU BUILD TOWARDS THAT.

AND RIGHT NOW, I MEAN THE WINDBROOK BUILT.

I THINK THE ONLY PLAYGROUND IN THIS 2000 HOUSE DEVELOPMENT CALLED CARRIAGE TRAILS, I MEAN, THERE'S A NICE NATURE WALK DOWN THROUGH THERE, BUT IT DOESN'T REALLY GO ANYWHERE OR CONNECT TO THE CARRIAGE TRAIL FARM OR TO THE YMCA.

I MEAN, THERE'S LOTS OF OPPORTUNITIES HERE, BUT I HOPE YOU'RE ALL THINKING ABOUT FURTHER DEVELOPMENT OF THINGS THAT COULD IMPROVE LIFE IN THIS WHOLE OVERALL THING.

BECAUSE RIGHT NOW IT'S A BUNCH OF HOMES, GREAT DIVERSITY OF TYPES OF HOMES.

YOU GOT ALL THE HINGE OF THAT, BUT THERE'S NO AMENITIES OR DESTINATIONS THERE.

YOU GOT A NICE LAKE IN THE MIDDLE OF IT ALL.

YOU GOT THE ONE WINDBROOK PLAYGROUND,

[03:15:01]

THAT'S IT.

BUT THERE'S NOTHING ELSE FOR KIDS, FOR FAMILIES, ET CETERA.

REALLY, THERE IS NOTHING ELSE, NICE BIKE PATHS, BUT YOUR BIKE RATING FOR THE WHOLE AREA IS LIKE 24 OUT OF A HUNDRED.

THERE WAS NO DESTINATIONS FOR PEOPLE GO ON BIKES.

SO IF YOU'RE THINKING ABOUT LIKE, I LIKE THE FLEXIBILITY OF PLAN MIXED USE, LET'S PUT SOMETHING IN THERE.

WE'LL ALSO OFFER SOMETHING IN THE WAY OF JUST HOUSING TO YOUR RESIDENTS AND THIS 2000 HOUSE DEVELOPMENT.

IS THERE ANYONE ELSE WOULD LIKE TO SPEAK ON THIS ZONING CASE CLOSED PUBLIC PORTION OF THIS ZONING CASE, ANYONE ON THE GUYS HAVE ANY, UH, COMMENTS OR QUESTIONS FOR STAFF? OKAY.

WELL, I'M VERY CONCERNED ABOUT THE LETTER THAT WE HAVE, UH, THAT WAS PRESENTED TO US THIS EVENING.

WE HAVE NOT SEEN THAT BEFORE.

AND I FEAR THAT IF WE DENY THIS APPLICATION, WE'RE REALLY SETTING THE CITY UP FOR A SUIT OR A LAWSUIT FOR A LOT OF, BECAUSE OF THE CITY CERTAINLY LIABLE.

YOU SAW THE SIGNATURE ON THERE, IT'S AN OFFICIAL LETTER, UH, AND PROTECTING THE CITY WOULD THAT I KNOW THAT'S NOT OUR JOB.

UH, IT REALLY PUTS US IN A VERY, VERY SERIOUS SITUATION IN MY OPINION.

AND I'M NOT AN ATTORNEY.

MAYBE WE SHOULD HAVE HIM HERE.

I HAVE, I HAVE A LOT OF THINGS GOING THROUGH MY HEAD.

IT'S, IT'S TRYING TO SAY IT.

I AGREE WITH WHAT SHE'S SAYING.

UM, YOU KNOW, SOME OF THIS WAS NOT ANY, YOU KNOW, WE WERE NOT AWARE OF SOME OF THIS AND I THINK THERE MAY BE, I GET THE FEELING THAT THERE MAY BE SOME OTHER, UM, STATEMENTS THAT WE HAVE NOT, ARE NOT FULLY AWARE.

I MEAN, WHY WOULD THIS PROPERTY, THIS SECTION OF PROPERTY HAVE TO BE IN A COMMERCIAL TYPE? YOU KNOW, I GUESS I'M NOT, I'M MISSING SOMETHING SOMEWHERE THERE.

Y YOU KNOW, UM, PERSONALLY I'M, WOULDN'T MIND, YOU KNOW, TO ME, I DON'T THINK IT LOOKS GOOD DRIVING INTO THE COMMUNITY.

AND THE FIRST THING THEY SEE IS A STORAGE FACILITY, SO THAT I DO HAVE A PROBLEM WITH THAT TOO, ALONG WITH ALL THE OTHER AVENUES THAT THEY TALKED ABOUT, THAT'S WHAT WE WANT, MS. THOMAS, I'M STILL TRYING TO DIGEST IT ALL.

SO NO QUESTIONS AT THIS TIME AND MR. JEFFRIES.

SO THE LETTER IS NEW AND THE, WE HAD THE ANNEX GROUP OR WHATEVER ON THE APARTMENTS WHERE WE GOT THE TRAFFIC STUDY THE DAY OF, AND I TOLD SCOTT THEN THAT IF I GET NEW PERTINENT INFORMATION AT THE MEETING, I WILL REQUEST TO TABLE UNTIL THE NEXT MEETING TO REVIEW ANY INFORMATION.

SO FOR ONE, I WANT TO REVIEW THE LETTER AND IF WE HAVE TO GET A LEGAL OPINION, FINE, IT SAYS 12 VERSUS 14 PERMITTED, BUT NOT APPROVED.

SO THERE ARE THINGS TO DIGEST AND UNPACK THERE FOR ONE.

I, I DO FEEL THAT EVEN THOUGH, AND I, I SYMPATHIZE WITH THE APPLICANT ABOUT YOUR CONCERNS WITH ODAT, BUT IT WAS VERY CLEAR AT THE LAST MEETING THAT WE HAD CONCERNS ABOUT CIENA ACCESS AND THE RESIDENTS HAD CONCERNS ABOUT IT AS WELL, TO THE POINT THAT WE'RE KIND OF STUCK NOW, I THINK, TO WHERE I CAN'T VOTE ON THIS THING, WITHOUT THAT ODAT DECISION BASED ON THAT, I MEAN, PERSONALLY, I THINK WE WERE TWO MONTHS BEHIND AT THIS POINT OR WHATEVER, BECAUSE I MEAN, I THOUGHT WE WERE PRETTY CLEAR THAT THAT WAS A MAJOR CONCERN.

I DIDN'T REALIZE THE CITY ACTUALLY DIDN'T OWN THE WATER TOWER ACCESS.

THAT WAS ONE OF THE THINGS I WAS GOING TO ASK AS WELL.

AND I DON'T KNOW IF IN WILD TABLING, IF THAT CAN BE REVIEWED AS WELL.

AND THE, I DO HAVE CONCERNS ABOUT TRASH BEING LEFT.

CAUSE THERE AM I CORRECT? THERE WERE NO DUMPSTER ENCLOSURES OR NO DUMPSTERS ON SITE.

SO I KNOW IT'S NOT A HIGH TRASH PLAN, BUT WE DO KNOW WHAT HAPPENS WHEN SOMEONE CLEANS OUT A STORAGE UNIT.

I DO THINK WE RUN THAT RISK.

SO I HAVE A CONCERN THERE, BUT THAT'S, THAT'S MINOR ON THE GRAND SCHEME OF THINGS.

SO FOR ME, I MEAN THE LETTER

[03:20:02]

AND THE ODA PART WOULD MAKE ME INSTEAD OF VOTING ON IT TONIGHT.

CAUSE I WOULD LEAN NO BASED ON NEW INFORMATION, NOT BEING ABLE TO BE REVIEWED, BUT I WOULD PREFER TO TABLE TO DIGEST THE INFORMATION, LET JAN GET THE OPINION FROM LEGAL, IF THAT HELPS US ALL AS WELL, AND THEN BRING IT BACK AS SOON AS POSSIBLE.

I WOULD ALSO PREFER THAT WE GET THE OFFICIAL RESPONSE FROM ODOP BECAUSE I'VE BEEN TOLD THAT THEY WERE GOING TO DENY SOMETHING THAT THEY CAME BACK LATER AND APPROVED.

SO THAT'S MY PERSONAL OPINION.

THE LETTER BEING LATE AND DOES KIND OF JUMPED RIGHT ON WHERE, LIKE I SAID, I JUST MADE A COMMITMENT TO THE LAST TIME PERSONALLY, THAT ANY NEW INFORMATION I WOULD WANT TO TABLE AND DIGEST PERIOD, AND THAT'S PRETTY IMPORTANT INFORMATION.

SO WHAT I'M HEARING FROM EVERYONE IS THEY'RE NOT REALLY COMFORTABLE WITH MOVING PAST THIS AT THIS POINT AND THAT THERE'S INFORMATION THAT WE NEED TO HAVE, OR HOWEVER, IF WE VOTE TO DENY IT, IT'S A YEAR OUT.

AND SO TABLING, IT GIVES THEM THE ABILITY STILL AND THE OPPORTUNITY FOR US TO REVEAL.

THAT'S CORRECT.

IS THERE EMOTION? JUST ONE MORE COMMENT, PLEASE.

UH, AND THAT IS, UH, IF IT DOES TURN OUT THAT WE APPROVE THIS, I WOULD, I WOULD REALLY LIKE TO DISCUSS HAVING MORE MASONRY FATE BECAUSE RIGHT NOW YOU'RE SAYING IT'S ALL FACING 14 AND I THINK IT REALLY MASONRY SHOULD BE FACING THE RESIDENCE SIDE.

AND IF WE HAD IT ALL MASONRY, UH, MAYBE THEY WON'T WANT TO COME.

MAYBE THEY AVAIL WE'LL HAVE A FACILITY THAT WILL FIT BETTER INTO A RESIDENTIAL AREA.

JUST A MORE, MORE THINGS TO THINK ABOUT IF I MAY, MR. CHAIR, UH, I THINK AT THIS POINT BASED ON HEARING THE COMMENTS FROM THE COMMISSIONER AND STAFF WOULD RECOMMEND A TABLING UNTIL FURTHER MEETING THAT'S INFORMATION THAT'S BEEN REQUESTED.

LET'S, UH, THAT'S THE ROUTE WE'RE GOING TO, IT LOOKS LIKE WE'RE GOING TO GO.

LET'S MAKE SURE THAT WE HAVE GOT ALL THE QUESTIONS OUT THERE THAT WE NEED TO HAVE ANSWERS, UH, WHETHER IT'S FROM LEGAL STAFF, UM, APPLICANT FROM THE APPLICANT.

UM, SO MS. THOMAS, DO YOU HAVE ANY QUESTIONS THAT YOU WOULD LIKE TO HAVE ANSWERED? I THINK EVERYTHING HAS KIND OF BEEN THROWN OUT THERE IS IT'S STILL KIND OF DARLING, SO I HAVE NOTHING ADDITIONAL MR. JEFFERY'S AND I WOULD SAY ON THE, FOR THE APPLICANT, AT ANYTHING OF, UH, TO MR. I THINK IT WAS MASON'S CONCERNS OF THE ROUTE 40 FRONTAGE.

OBVIOUSLY WE'VE TALKED A LOT ABOUT THE CARROTS TRAILS RESIDENTS, BUT IF THERE'S ANYTHING THAT CAN BE DONE TO BOOST UP LANDSCAPING, OBVIOUSLY THERE'S A FINE LINE BETWEEN SHOOTING IT FOR THEM AND HIDING YOUR BUSINESS FROM THE TRAFFIC.

CAUSE YOU DON'T WANT TO HIDE YOUR BUSINESS FROM PEOPLE AS WELL, BUT ANYTHING TO MAKE SURE THAT THEY'VE GOT SOME, SOME FRONTAGE, UH, SCREENING WOULD BE NICE, BUT I, I DON'T EXPECT YOU TO PUT YOUR, UH, DEVELOPMENT IN THE WOODS WHERE NOBODY CAN SEE IT EITHER LANDSCAPE PLAN, BUT I'M SURE THAT THE LANDSCAPING, THE CODE FOR THE, OR FOR HEIGHTS AND YES IT DOES.

AND I WANT TO MAKE ONE MORE COMMENT ABOUT 40 LIGHT BROWN TOO.

I DON'T THINK IT WOULD BE POSSIBLE FOR A CAR TO GO THROUGH OUR PARKING LOT, CROSS THROUGH A SMALL DETENTION POND AND WIPE OUT ALL THE TREES TO GET TO THAT PLAYGROUND.

I MEAN, WE WOULDN'T HAVE TO BE TALKING ABOUT VERY GOOD.

OKAY.

NOW READY YOUR FINGER UP.

THAT'S THAT'S A SMALL POND.

IT'S A SMALL PART OF OUR STORM WATER MANAGEMENT PLAN AND THE WHOLE THING IT'S KILLED TREES AND IT HAS A JOB THROUGH THE CURB AND ALL THE IS

[03:25:02]

IN OUR PARKING LOT.

AND AND DO THAT IS ABOUT THE SAME POSSIBILITY IT'S RUNNING THROUGH THE PLAYGROUND.

I'M NOT NAKED IN FRONT OF FOLKS.

I MEAN, I UNDERSTAND NOW I HAVE LITTLE KIDS, EXCUSE ME, SIR.

CORRECT.

BACK TOWARDS ME.

IF MY BABY IS 38 NOW BLOOD, I MEAN, IT'S ANYTHING POSSIBLE? IS IT PROBABLE THAT YOU CAN DRIVE OVER THE CURB THROUGH ALL THE WOODS IS ACROSS THE RETENTION AREA THROUGH THE TREES TO GET, SORRY, I CAN'T ANSWER THAT.

I DON'T KNOW IF THAT IS WHERE WE'RE AT HERE.

WHAT ARE YOU GOING TO SAY? I'M SORRY.

I APOLOGIZE BECAUSE I KNOW WE WANT TO GET MOVING, BUT SOMETHING THAT JUST CAME UP AND I APOLOGIZE.

I DIDN'T REALIZE THERE WAS A RETENTION POND OR POND OF ANY KIND RIGHT THERE, BUT I BELIEVE THAT THE DOESN'T THE HOA HAVE INSURANCE ON THE PLAYGROUND AND THE PROXIMITY TO WATER IS AN ISSUE THAT, BECAUSE I REMEMBER BECAUSE WE'VE HAD PLENTY OF PEOPLE IN CARROTS TRAILS TALK ABOUT WANTING TO BUILD A PLAYGROUND UP BY THE MAIN POND.

AND THAT IS SOMETHING THAT HAS COME UP A NUMBER OF TIMES ON A WET POND.

OKAY.

THAT'S WHAT I'M TRYING TO MAKE SURE WE'RE REALLY DRIFTING AWAY.

WE'RE HERE FOR TONIGHT.

WE CAME TO YOU TONIGHT TO SEE IF WE HAD MET ALL OF THE CITY'S CRITERIA TO HAVE THIS PLANNER FRUIT.

CORRECT.

WE PRESENTED A LETTER THAT WE WERE GIVEN WHEN WE BOUGHT THE PROPERTY THAT TOLD US WHAT WE COULD DO WITH IT.

WE WENT BACK AND WE REDID OUR PLAN TO MAKE SURE WE MET ALL THE CRITERIA.

IF YOU ALL WOULD LIKE TO HAVE STUDIES DONE ON ROUTE 40 TO SEE IF THAT'S A POSSIBLE ROUTE OF INGRESS AND EGRESS, YOU'RE ADDING THINGS TO THIS THAT WERE BURDENED ON US.

WHEN WE WERE SOLD TO PROPERTY THAT DOESN'T, THAT'S NOT FREE.

BOB GAVE YOU A BRIEF EXPLANATION OF WHAT THAT TAKES TO RUN THROUGH THAT STUDY.

I JUST DID A, IT, THAT WAS MY TRAFFIC COUNT UP THERE FOR OUR ANNEXATION PROCESS, BUT THAT DOESN'T HELP US WITH ANALYZING WHETHER WE CAN IMPACT ROUTE 40.

AND IF THEY WOULD SAY YOU COULD DO IT AND PUT A DROP LANE, AND WHERE'S THE, YOU KNOW, WE WERE SOLD A PROPERTY.

WE WERE TOLD WHAT WE CAN DO WITH IT.

YOU HAVE A MAP IN FRONT OF YOU OF WHAT WE, YOU KNOW, WERE SAID WAS OKAY TO DO, TO GO IN NOW AND EXPAND ON THAT AND SAY, WE WISH WE WOULD HAVE HAD SOMETHING DIFFERENT OR WE WISH WE WOULD'VE ASKED FOR MORE.

WE WISH WERE DONE OVER HERE.

THAT'S THAT TO JAN'S POINT, THAT'S A PROBLEM WITH THE TRANSACTION THAT OCCURRED BETWEEN OUR GROUP AND THE CITY IN THE SALE OF THE LAND.

AND I THINK WE'RE GETTING INTO ALL KINDS OF OTHER THINGS TONIGHT THAT ARE MORE RELATED TO THE USE OF THIS PROPERTY THAN THE, THAN THE PURVIEW OF THE PLANNING COMMISSION.

AND I'D LIKE TO JUST DRAW OUR FOCUS BACK TO WHAT WE'RE HERE FOR AND PROCEED WITH THAT.

THANK YOU.

THANK YOU FOR REELING.

YOU SAID, CAN I MAKE ONE COMMENT? UM, I'M SORRY.

I JUST, I WANTED TO TELL HIM TO FOLLOW UP REALLY QUICKLY.

UM, IT'S MY CONTAINING THAT THIS MEETING, IF YOU, WHATEVER YOU DO TODAY, IF YOU APPROVE THIS, THIS IS THE FINAL DISCUSSION.

THIS DOESN'T GO TO THE CITY COUNCIL.

CORRECT.

SO THIS IS YET OKAY.

I JUST WANTED TO MAKE SURE BECAUSE YOU GUYS ARE MAKING THE DECISION RIGHT NOW BASED ON PARTIAL INFORMATION.

IS THERE A MOTION TO APPROVE THE APPLICATION SUBMITTED BY THE APPLICANT? RJ K ASSOCIATES, INC REQUESTING APPROVAL, BUT DETAILED DEVELOPMENT PLAN AND A PM PLANNED MIXED USE DISTRICT FOR THE PROPERTY LOCATED AT 50 60 US ROUTE 40 ZONING CASE 21 DASH 46.

AND THE PLANNING COMMISSION'S DECISION RECORD ATTACHED THERE OFF TO WE.

A MOTION EARLIER, IT WAS DISCUSSED ABOUT TABLING.

THAT'S CERTAINLY WITHIN THE PURVIEW OF THIS, THIS COMMISSION, IF THAT'S THE CASE, THAT'S THE NOTION THAT USED TO BE MADE.

OKAY.

JUST TO CLARIFY, OKAY.

IS THERE A MOTION TO TABLE? THIS PLANNING COMMISSION THIS EVENING? THAT WOULD BE THE THIRD MOTION.

SO YOU GOT TO STRAIGHTEN IT OUT.

FIRST MOTION IS WHAT FIRST MOTION YOU MADE WAS TABLE.

OKAY.

OKAY.

FIRST MOTION IS THE TABLE REQUIRES IT WILL GIVE ME THAT MOTION.

IT WASN'T MADE.

AND THEN YOU WENT ON TO PASS IT OVER FOR APPROVAL OF IT.

SO WHY DON'T YOU DO ONE FOR

[03:30:01]

I'M ASKING FOR A MOTION TO TABLE, THIS ZONING CASE, MISS FARGO.

IS THERE A SECOND NAME, BUT MISS OFF SECRETARY, PLEASE CALL THE ROLL VOTE IS TO TABLE.

THIS VOTE IS TO TABLE MR. JEFFRIES.

YES.

MS. THOMAS? YES.

MISS OFF.

YES SPARGO YES.

MR. WALDEN, NO MOTION.

MOTION, MOTION PASSES TO TABLE FOUR TO 0 41.

I'M SORRY.

YES, SIR.

FOR WHAT IT IS, THAT IS NOT INFORMATION THAT YOU ALL NEED THAT WE CAN PUT TOGETHER FOR YOU, BECAUSE I THINK WE PUT TOGETHER EVERYTHING ON THE CITY'S CHECKLIST OF WHAT'S REQUIRED FOR THIS PROCESS.

AND I SAID ALL ALONG THE ACCESS TO CENTER, I WOULD HAVE, I WON, I WOULD PREFER AN ACTUAL APPLICATION OR IT, I MEAN, AT LEAST A BETTER EXPLANATION THAN BRINGING IT IN AND SAYING, OH, WELL, WE TRIED, I GET THAT, THAT THERE'S A PROCESS.

THE LETTER COMING IN TONIGHT FOR THE VERY FIRST TIME, THERE ARE THINGS IN THERE THAT I HAVE NOT REVIEWED.

AND I PERSONALLY FEEL LIKE I MADE A MISTAKE BY VOTING ON SOMETHING AT THE LAST MEETING WHERE SOMETHING CAME IN LATE TO THE MEETING.

AND I SAID, I WOULDN'T DO IT AGAIN PERSONALLY.

I CAN TELL YOU THAT IT'S I WOULD RATHER MAKE THE DECISION IN A COUPLE OF WEEKS, THEN MAKE A DECISION TONIGHT AND KICK MYSELF AGAIN LIKE I DID BEFORE.

SO IS THERE ANYTHING FROM ANY OF THE COMMISSIONERS THAT WE CAN PROVIDE THAT'S MISSING OR INFORMATION THAT YOU THINK YOU DON'T HAVE TONIGHT? NO.

OKAY.

THANK YOU.

THANK YOU.

THE CITY ATTORNEY.

I'M SURE THAT WILL BE PART OF THIS.

THE NEXT ITEM UNDER NEW BUSINESS DETAILED DEVELOPMENT PLAN, THE APPLICANT GILLIGAN OIL COMPANY IS REQUESTING APPROVAL OF A DETAILED DEVELOPMENT PLAN FOR 1.8, FOUR ACRES FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF TAYLORSVILLE ROAD AND OLD TROY PIKE, ZONING CASE 21 DASH 49.

MR. FOSTER, THANK YOU, MR. CHAIRMAN, THE PROPOSAL BEFORE PLANNING COMMISSION, THIS EVENING CALLS FOR THE DETAILED DEVELOPMENT PLAN OF TWO RESTAURANTS AT THE NORTHEAST CORNER OF TAYLORSVILLE ROAD AND OLD TROY PIKE.

THE INTENT OF THE PROPOSAL IS TO CONSTRUCT A NEW DUNCAN AND POPEYE'S FACILITY.

LOT.

NUMBER FOUR IS PROPELLED US TO BE A 3061 SQUARE FOOT POPEYE'S RESTAURANT.

THE BUILDING IS MADE UP OF SEVERAL DIFFERENT MATERIALS, INCLUDING IOFFICE PAINTED BRICK, OR I'M SORRY, PAINTED BRICK, LOOK, FIBER CEMENT, WALL PANELS, AND METAL.

UH, THERE'S A GOOD MIX OF COLOR AND DEPTH TO THE BUILDING.

UH, THE OVERALL HEIGHT OF THAT BUILDING IS 18 FEET.

THE DUMPSTER ENCLOSURE SHOWN ON THE PLAN, UH, IS SHOWN ON THE PLAN WITH A GATED FRONT AND STAFF WOULD RECOMMEND THAT THAT DUMPSTER ENCLOSURE BE CONSTRUCTED OF MASONRY MATERIALS AS WELL.

WELL, FIVE IS PROPOSED TO BE A 2030 SQUARE FOOT DUNKIN RESTAURANT.

THIS BUILDING HAS MADE UP AGAIN OF SEVERAL MATERIALS, UH, IOFFICE FIBER, CEMENT, SIDING, METAL AND GLASS.

AGAIN, A GOOD MIX OF COLORS AND DEPTH ARE BEING USED.

UH, THE OVERALL HEIGHT OF THIS BUILDING, UH, WITH THE PARAPET IS 20 FEET, NINE INCHES.

DUMPSTER ENCLOSURE IS ALSO SHOWN ON THAT PARTICULAR RENDERING, UH, WITH GATED FRONT AGAIN, STAFF WOULD RECOMMEND THAT THAT DUMPSTER ENCLOSURE, THE MASONRY AS WELL, UH, BOTH LOT NUMBER FOUR AND FIVE HAVE A SETBACK OF APPROXIMATELY 64 FEET FROM THE RIGHT AWAY, UH, ALONG OLD TROY PIKE.

AND BOTH OF THOSE DUMPSTER ENCLOSURES THAT I MENTIONED EARLIER ARE LOCATED AT THE REAR OF THE PROPERTY AND BOTH.

AND YOU DO HAVE A REVISION.

I WOULD LIKE TO POINT OUT A REVISED PLAN AT THE DAY EVENING FOR A REVISION THAT WAS RECOMMENDED BY THE CITY ENGINEER THAT THE APPLICANT DID SWIFTLY ACT ON, UH, AND UPDATE THE DRAWING TO PROVIDE A DOUBLE DRIVE-THRU NOT SHOWN ON THE SCREEN IS SHOWN AT THE DAY, UM, ADDED DOUBLE DRIVE THROUGH, UH, FOR, UH, TO HELP ANY TRAFFIC CONGESTION THAT MAY OCCUR ON THIS PARTICULAR PARCEL.

UH, PARKING ARE THE TYPICAL ZONING CODE REQUIRES ONE SPACE PER SEAT, PLUS ONE SPACE FOR TWO EMPLOYEES ON THE LARGEST SHIFT, UH, WITH A MINIMUM OF 15 TOTAL SPACES,

[03:35:02]

UH, POPEYE'S UH, WOULD BE, WOULD REQUIRE PER THAT CODE.

AND BASED ON THE INFORMATION THAT WAS PROVIDED ON THE PLAN, A TOTAL OF 26 SPACES WITH TWO OF THOSE BEING ACCESSIBLE, THE PROPOSAL CALLS FOR 27 SPACES, UH, WITH TWO BEING EXPRESSIVE, EXCUSE ME, TWO BEING ACCESSIBLE.

AND THE PROPOSAL ALSO CALLS FOR THE STANDARD 10 FOOT WITH A PARKING SPACES, LOT FIVE, OR THE DUNCAN PROPERTY WOULD REQUIRE 14 SPACES WITH ONE BEING ACCESSIBLE AND THEIR PROPOSAL CALLS FOR 19 SPACES.

AND ONE BEING, UH, ACCESSIBLE.

BOTH BUILDINGS WILL BE SERVICED BY CONNECTIONS TO PUBLIC WATER AND SANITARY, SEWER GAS, TELEPHONE AND ELECTRIC ARE ALSO AVAILABLE AT SITE DRAINAGE IS BEING COLLECTED THROUGH CATCH BASINS AND STORMS WHO ARE ROUTING THE FLOW DUE TO THE EXISTING RETENTION POND, UH, TO THE EAST.

UH, THE, THE VERY LARGE POND ON THIS PROPERTY.

UH, ACCORDING TO THE ENGINEER, THERE WAS NO NEED FOR ADDITIONAL, UH, STORM WATER DETENTION BASED ON THE SIZE OF THAT POND, UH, LIGHTING SHALL MEET THE STANDARDS OF THE CITY CODE.

NO SIGN PACKAGE WAS, WAS OFFICIALLY SUBMITTED.

HOWEVER, THERE WERE SEVERAL SIGNS SHOWN ON THE PLAN AND I CAN GO OVER THOSE VERY QUICKLY.

UH, POPEYE'S HAD A TOTAL OF FIVE SIGNS, UH, THE LARGEST BEING, UH, 52.2, TWO SQUARE FOOT WALL SIGN.

UM, AND DUNCAN HAD A TOTAL OF THREE SIGNS, UH, WITH THE LARGEST BEING 24.9 SQUARE FEET ALSO SHOWN HER THREE ENTRY AND EXIT SIGNS AT DUNKIN AND FOUR ENTRY EXIT SIGNS, UH, AT THE POPEYE'S FACILITY, UH, LANDSCAPING BEING PROVIDED AROUND THE PERIMETER OF THE BUILDING IN THE SITE.

UH, AGAIN, CONSISTING OF TREE SHRUBS, GRASSES, PERENNIAL FLOWERS, UH, STAFF WOULD RECOMMEND, HOWEVER THAT ADDING THE AUTUMN FANTASY MAPLE TREES ALONG OLD TROY PIKE TO MATCH THE OTHER APPROVALS THAT HAVE GONE THROUGH THE PROCESS ALREADY.

UH, SO STAFF WOULD MAKE THAT RECOMMENDATION.

I BELIEVE THE APPLICANT IS HERE, UH, FOR COMMENT AND QUESTION, AND I WILL BE HAPPY TO ANSWER ANY QUESTIONS, ANY QUESTIONS FOR STAFF? I HAVE A QUESTION ON THE DUNCAN.

UM, FIRST OF ALL, THE POPEYE HAS BRICK LOOKING FACING ON IT.

POPEYE'S HAVE NONE.

AND IN THE SETTING OF WHERE THIS IS, I QUESTION AND WHERE IS THIS IN RELATION TO THE OTHER BUSINESSES THAT ARE GOING? SO THESE ARE, THESE WOULD BE THE NORTHERN TWO LOTS ALONG OLD TROY PIKE.

SO IN THIS, YEAH, THIS DRIVE HERE GOING OUT TO, IS THAT THE ONE THAT'S ACROSS WHERE THE LIGHT WILL BE.

OKAY.

OKAY.

THAT IS CORRECT.

UH, THE TWO YOU ASKED THE QUESTION ABOUT BRICK, I'M SORRY.

RIGHT? BRICK.

SO THERE, THERE IS INCLUDED ON THE POPEYE'S IS EVA'S AND PAINTED BRICK LOOK, FIBER CEMENT WALL PANELS.

SO THERE ARE MASONRY MATERIAL.

THEY MAY NOT BE A TRADITIONAL COLOR OF BRICK, UH, BUT THEY, THEY WOULD FIT INTO THE MASONRY MATERIAL.

OH, I'M SORRY.

I'M SORRY.

UH, THAT'S IOFFICE, UH, WHICH IS ALSO, UH, IT IS A MASONRY MATERIAL CONSIDERED BARCODE.

UM, AND THEN, UH, THERE IS FIBER CEMENT LAP SIDING METAL, AND THEN THERE'S MORE GLASS ON THAT BUILDING THEN THAN THE POPEYE'S.

ARE WE GOING TO APPROVE THE SIGNS JUST BY THE MEASUREMENTS THAT WE WOULD HAVE HERE WITHOUT SEEING WHAT THEY HAVE? I WOULD SUGGEST MY RECOMMENDATION WOULD NEED TO HAVE A SIGNED PACKAGE SUBMITTED SEPARATELY TO THIS.

THAT'S A PRETTY STANDARD PROCEDURE FOR THIS COMMISSION.

WE WOULD PREFER THAT THAT IS WITHIN THE, THE, THIS, THIS COMMISSION HAS THE PURVIEW TO, TO APPROVE THESE SIGNS OR REQUEST A, UH, TRADITIONAL SIGNED PACKAGE WOULD BE SUBMITTED.

THAT IS UP TO YOU.

SO WE'LL TAKE FOUR TO FIVE OUT AND THEN THE DECISION, RIGHT? YEAH.

AND THEN THAT, WELL, GROUND CITED IS NOT BEING APPROVED, NOT APPROVED WITH THIS APPLICATION.

OH, THAT WOULD BE ON THE, UM, OKAY.

YES.

SO THIS IS ONE SUBMITTAL.

GREAT.

SO TAKE NUMBER FIVE OUT AND WE'LL GO WITH

[03:40:01]

WANTING TO HAVE A SIGNED PACKAGE, SEPARATE SIGNED PACKAGE SUBMITTED.

AND THIS IS A DETAIL PLAN THAT WE'RE, WE WON'T SEE THIS AGAIN, OTHER THAN THE SIGN PACKAGE.

THAT'S TRUE.

ANY OTHER QUESTIONS FOR STAFF SHALL OPEN UP TO THE PUBLIC? ANYONE WISHING TO SPEAK FOR THE APPLICANT? YES, THAT'D BE ME.

MY NAME'S PATRICK MOON, UH, FARNSWORTH GROUP AND ENGINEER FOR THE CONSULTANT.

UH, LARRY HARRIS WITH GILLIGAN OIL IS ALSO HERE AS WELL TO ANSWER ANY QUESTIONS.

UM, SO AFTER SOME OF THE EARLIER MEETINGS, I'M A LITTLE NERVOUS BEING UP HERE, BUT WE'LL GET THROUGH THIS.

UM, I WENT THROUGH THE STAFF REPORT AND AS THEY READ IT, UH, W WE'RE OKAY WITH THE DUMPSTERS, UH, BEING OF A MASONRY MATERIAL, IT'S PRETTY STANDARD FOR, UH, NEWER DEVELOPMENTS.

UH, THERE WAS ONE OTHER QUESTION.

I THINK THE LANDSCAPE CHANGED THAT THE LANDSCAPE, UH, PLANT MATERIAL, THAT'S NOT A PROBLEM EITHER.

WE'LL GO AHEAD AND DO THAT.

UM, AND THEN SIGN PACKAGE, UH, I HAD ABOUT TWO AND A HALF WEEKS TO PUT THIS WHOLE THING TOGETHER.

SO I OVERLOOKED GIVING YOU A SIGNED PACKAGE.

SO THAT'S ON ME.

SO I APOLOGIZE, BUT WE WILL GET THAT TO YOU.

AND WOULD THAT COME BACK THROUGH PLANNING COMMISSION? WE HAVE A SEPARATE SUBMITTAL.

THAT'S CORRECT.

THAT THAT PACKAGE WOULD COME BACK BEFORE THIS COMMISSION IS OKAY.

UM, THE ONLY REAL COMMENT I HAVE, UH, OR THINGS I WANT TO GO OVER IS WITH, YOU KNOW, I WAS TALKING TO JASON, UH, PROBABLY NOT EVEN A WEEK AGO.

AND HE SAID THERE WAS CONCERNS ABOUT TRAFFIC BEING THE PROXIMITY TO THAT MAIN INTERSECTION WITH OLD TROY PIKE.

AND I TALKED TO PAT GILLIGAN AND LARRY AND TOLD THEM THAT THERE WAS CONCERNS, YOU KNOW, THERE WAS PAST CONCERNS OF THE TRAFFIC AND WE LOOKED AT THIS WELL, YOU KNOW, IF THIS DOES GET BUSY, WHAT DO WE DO WITH OUR STACKING? AND WE, WE MET THE CODE FOR STACKING, BUT THE WAY RESTAURANTS WERE BEING RUN NOW, PRIMARY BECAUSE OF THE PANDEMIC A LOT MORE DRIVE THROUGH TRAFFIC.

SO IF WE LOOKED AT THE POPEYE'S AND COULD MAKE A DUAL DRIVE-THROUGH FITS.

SO I DID A COUNT ON THAT BEFORE.

I THINK THERE'S ABOUT 18 CARS, UH, IN THEIR NORMAL LOAD REQUIREMENTS FOR ABOUT EIGHT OR NINE.

SO WE DOUBLED THE CAPACITY TRYING TO ADDRESS ANY, EXCUSE ME, ANY TRAFFIC CONCERNS OR ISSUES THAT MAY GO OUT INTO OLD TOY PIKES.

WE'RE TRYING TO LOOK AT THAT UP FRONT.

SO WE APOLOGIZE.

THAT'S WHY IT'S NOT PART THE ORIGINAL SET.

THIS CAME UP LATER DURING THE STAFF REVIEW AND TALKING WITH JASON.

SO THAT'S WHY THAT PLAN IS THERE, UH, NOT PART OF THE ORIGINAL PACKAGE.

UM, BUT OTHER THAN THAT, I THINK WE ADDRESSED EVERYTHING AS FAR AS I CAN TELL.

YEAH.

IN FIRE MARSHAL, THE FIRE MARSHALL ALSO LOOKED AT THIS, I THINK THIS MORNING OR YESTERDAY, UH, FOR PRIOR ACCESS TO, SO WE MADE SURE THAT ALL WORKED AS WELL WITH THE CHANGES.

SO WITH THAT, I THINK WE'VE ADDRESSED ALL THE CODE REQUIREMENTS.

UH, IF THERE'S ANY QUESTIONS OR CONCERNS THAT WE NEED TO ADDRESS, I'M HERE, AS WELL AS LARRY TO TALK ABOUT ANYTHING YOU MAY NEED ABOUT THEIR OPERATIONS AND SO FORTH.

ANY QUESTIONS FOR YEAH, I DO.

YES.

I'M SORRY.

I'M LOSING MY VOICE NOW.

UM, WE DON'T HAVE THE, THE OVERALL DIAGRAM HERE, BUT AS I RECALL, UM, THE, THE ONE ON THE, UH, RIGHT SIDE, WHICH IS THE DUNCAN IS YES.

UM, IS GOING THE WAY I RECALL.

I BELIEVE THE STARBUCKS TRAFFIC COMING OUT OF THERE WE'LL HAVE TO GO ACROSS IN FRONT OF THAT BUILDING.

IS THAT, UM, MR. ISN'T THAT THE WAY THAT WAS, ARE YOU AWARE OF THAT AND HAVE YOU ACCOMMODATED FOR THAT? WE'VE BEEN WORKING WITH ERIC PENNY OF THE DEVELOPMENT GROUP.

UH, WE ORIGINALLY HAD SOME PARKING UP ALONG OLD TROY PIKE, AND THERE WERE SOME CONCESSIONS THAT HE MADE WITH THE PLANNING COMMISSION AND CITY ABOUT NOT HAVING PARKING THERE BECAUSE THERE WAS GONNA BE THAT TRAFFIC THERE.

UM, BECAUSE THE WAY DUNKIN HAS SET UP ITS THEY'VE GONE TO A SMALLER STORE AND AS A RESULT, THE SMALLER STORE AND SO MUCH OF THEIR TRAFFIC BEING DRIVE THROUGH, THEY NEED MUCH LESS PARKING.

SO IT WASN'T AN ISSUE FOR THE SITE.

OKAY.

WE WORK AND, UH, IN CONJUNCTION WITH THEIR OPINION OF BROAD REACH AND PAY WITH THEIR ENGINEERS.

SO IT'S SOMETHING WE'VE LOOKED AT THIS ONE LISTED AND WE KNOW WHERE THE LAST PIECE OF THAT PUZZLE.

SO THAT'S WHY, YEAH, I WAS JUST ONE OF MY CONCERNS WAS THAT IT WAS ALL KNOWN IN ADVANCE.

YEAH.

SO, AND THAT'S WHERE SCOTT HAD GOTTEN BACK TO US THAT THEY TOOK OUT THE PARKING SPACES TO ALLEVIATE THAT CONGESTION AT THE INTERSECTION.

ANY OTHER QUESTIONS? OKAY.

CAN YOU TELL ME IF YOU HAVE, UM, BETWEEN THE TWO PROPERTIES, DO YOU HAVE CURBS? YES.

OKAY.

CAN YOU GO FROM ONE TO THE OTHER WITHOUT GOING OVER THOSE CURVES? YEAH, DUDE, UH,

[03:45:01]

IT'S KINDA HARD TO SEE, BUT THERE'S THE ROAD I'VE, I'VE LOOKED AND LOOKED AND I REALLY CAN'T TELL HOW YOU DO THAT.

UH, IT MIGHT BE THEIR MAIN ACCESS IS HERE, HERE.

THEY WOULD COME IN AND TAKE A RIDE AROUND HERE AND THEN THEY COME BACK OUT AND THEN OVER HERE IT'S THEY WOULD JUST COME IN THIS WAY, MOVE AROUND, BUT YOU CANNOT GO STRAIGHT ACROSS OR YEAH, THIS IS DASH BECAUSE THAT'S WHAT THE DEVELOPER IS INSTALLING WHERE WE'RE INSTALLING THE SOLID CURBERS OR THEY'RE THEY'RE INSTALLING THIS ROAD, THIS ROAD HERE IN THE WORLD THAT'S DONE AROUND THAT ACTUALLY DID THAT SHOW FOR WHETHER IT SHOWS UP BETTER ON THIS FLAG, THE STUFF THAT'S, CROSSHATCHED WHAT THE DEVELOPERS INSTALLING.

SO IN THIS DASH LINE REPRESENTS THEIR HERBALIFE.

OKAY.

THANK YOU SO MUCH.

YEAH.

IF YOU DON'T ANY OTHER QUESTIONS FOR THE APPLICANTS? SO THIS IS GOING TO BE THE ANY OTHER QUESTIONS FOR THE APPLICANT? OKAY.

THANK YOU GENTLEMEN.

THINK THE OTHER GUYS.

THANKS FOR WAITING.

ANY OTHER QUESTIONS FOR STAFF? MY ONLY QUESTION WAS GOING TO BE WHY DIDN'T WE DO A DOUBLE LANE ANYWAY, AND THAT'S YOU GO? THE SO I FEEL EVEN BETTER ABOUT IT.

IT WAS GOOD.

ANYWAY, IS THERE A MOTION TO APPROVE THE APPLICATION SUBMITTED BY GILLIGAN OIL COMPANY AND THE APPLICANT'S REQUEST FOR APPROVAL OF A DETAILED DEVELOPMENT PLAN FOR 1.8, FOUR ACRES FOR PROPERTY AT THE NORTHEAST CORNER OF TAYLORSVILLE ROAD AND ULTRA PIKE ZONING CASE 21 DASH 49 IN ACCORDANCE WITH THE RECOMMENDATIONS OF STAFF'S MEMORANDUM DATED DECEMBER 3RD, 2021.

AND THE PLANNING COMMISSION'S DECISION RECORD ATTACHED THERE TOO.

MOVED BY MS. THOMAS, IS THERE A SECOND, SECOND BY MISS OFF AS SECRETARY, WILL YOU PLEASE CALL THE ROLL? YES.

MR. JEFFRIES? YES.

THIS OFF.

IS THIS THOMAS? YES.

MR. WALTON? YES.

MOTION PASSES FIVE TO ZERO.

WHAT'S NEXT FOR THE ACT.

THANK YOU, SIR.

SO THE PERMITTING PROCESS ON THE BUILDINGS AND THEN THE SIGN PACKAGE WILL BE BACK BEFORE PLANTING.

IF YOU HAVE ANY QUESTIONS, I'LL BE HAPPY TO HELP YOU OUT THROUGH THE WAY.

OKAY.

THANK YOU.

NEXT ITEM ON THE AGENDA IS ADDITIONAL BUSINESS APPROVAL OF THE 2022 MEETING SKILLS.

IS THERE ANY AGREEMENT I'M SORRY.

DID YOU SEE IT'S ALL IT'S ALL RIGHT UP HERE.

RIGHT? THIS JANUARY.

IT'S NOT HERE AND I DIDN'T ATTACH IT IN YOUR PACKET THAT I SENT YOU VIA EMAIL.

THIS IS MY PACK.

OH, EMAIL.

I DON'T KNOW.

THESE ARE JUST ADDITIONAL THINGS.

SO IT WOULD HAVE BEEN HAD MY STUFF WITH ME TONIGHT, LIKE FROM A PACKET THAT WAS DELIVERED IN THE EMAIL BACK OUT TO DELIVER PACKET, WE'LL MOVE ALONG AND WE'LL GIVE YOU THIS SCHEDULE.

SO, BUT WE WILL MAKE NOTE THAT THE NEXT MEETING IS SCHEDULED FOR JANUARY 11TH, JANUARY THE 11TH IS OUR NEXT MEETING.

SO NOTED.

NEXT ITEM UNDER THE AGENDA IS APPROVAL OF THE MINUTES WITHOUT OBJECTIONS TO THE MINUTES OF THE SEPTEMBER 28TH, 2021 AND NOVEMBER 9TH, 2021 PLANNING COMMISSION WOULD BE ACCEPTED HEARING NO OBJECTIONS.

THEY ARE APPROVED AND ACCEPTED AND I WILL SIGN ONE.

AND THIS VARGA WAS SIGNED THE OTHER REPORTS AND COUNTER REVIEW, UPCOMING MEETINGS.

ANYTHING MR. PHOSPHATE, SIR.

SO FOR, WE HAVE RECEIVED A ONE APPLICATION FOR THE FIRST MEETING IN JANUARY, AND THAT APPLICATION IS A SPECIAL USE FOR G2 TACTICAL, UH, OUT ON BY FOUNTAIN ROAD.

UH, AND DEPENDING ON, UH, WHAT, UH, KIND OF

[03:50:01]

COMMUNICATION IT'S AN AIRSOFT FACILITY IS AS I UNDERSTAND IT.

OH YEAH, THEY SEE WHAT THE SPECIAL USE IS.

UM, WE'RE NOT GONNA HAVE ANY MORE SURPRISE LETTERS.

ARE WE? AND THEN DEPENDING ON WHAT HAPPENS WITH ANY KIND OF COMMUNICATION WITH ANYTHING THAT'S TABLE SEATING THAT MAY COME BACK AS WELL, DEPENDING ON, AND ALSO AT THE NEXT MEETING, YOU'LL DO YOUR VOTING OF OFFICERS, ELECTION OF OFFICERS.

WHAT CAN YOU TERRI? OKAY.

DOES ANYBODY HAVE ANYTHING ELSE TO BRING BEFORE THE COMMISSION? I WOULD LIKE TO SAY A LENGTHY MEETING TONIGHT.

I'M GLAD EVERYBODY HUNG IN THERE.

WE GOT A LITTLE BIT OF WORK TO DO.

I'M SURE WE'LL BE NOTIFIED ABOUT, AND I'D LIKE TO WISH EVERYBODY A MERRY CHRISTMAS AND A HAPPY NEW YEAR AND A HAPPY HOLIDAYS FOR THOSE ATTENDING OTHER EVENTS.

YES.

THANK YOU.

SAME TO YOU.

MERRY CHRISTMAS AND HAPPY NEW YEAR TO EVERYBODY FROM THIS END.

YES.

THANK YOU FOR EVERYTHING.