[ AGENDA CITY PLANNING COMMISSION City Governance Center - Council Chambers 6151 Brandt PikeTaylorsville Road May 12, 2026 6:00 P.M. ]
[00:00:02]
I SHALL CALL THE MEETING OF THE CITY OF HUBER HEIGHTS PLANNING COMMISSION TO ORDER.SECRETARY, WILL YOU PLEASE CALL THE ROLL, MR. JOHNSON? HERE.
MR. SCHAPER, MS. THOMAS, MS. VARGO HERE.
DOES ANYONE ELSE IN THE DIOCESE AT THIS TIME, UH, CITIZENS' COMMENTS? THIS IS THE APPROPRIATE TIME FOR ANY CITIZENS' COMMENTS NOT PERTAINING TO ITEMS ON THE AGENDA.
IN HEARING NONE, WE'LL MOVE ON TO SWEARING OF WITNESSES.
I ANNOUNCE IN ACCORDANCE WITH THE RULES OF THE PLANNING COMMISSION, ANYONE WHO MAY WISH TO SPEAK OR GIVE TESTIMONY REGARDING THE ITEMS ON THE AGENDA THIS EVENING NEEDS TO BE SWORN IN.
SO I ASK EVERYONE TO STAND, RAISE THEIR RIGHT HAND AND RESPOND.
TO THE FOLLOWING OATH, 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.
UH, ANYONE WISHING TO SPEAK TONIGHT? UH, WHEN THEY STEP TO THE PODIUM, UH, PLEASE STATE THEIR NAME AND SIGN IN ON THE SIGN IN SHEET.
UM, PROVIDED FIRST ITEM ON THE AGENDA, WE HAVE NO PENDING BUSINESS.
THE FIRST ITEM UNDER NEW BUSINESS IS A COMBINED BASIC AND DETAILED DEVELOPMENT PLAN.
THE APPLICATION THE APPLICANT IS BLAZE PROPERTIES, IS REQUESTING APPROVAL OF A COMBINE BASIC, UH, AND DETAILED DEVELOPMENT PLAN FOR THE CHIPOTLE MEXICAN REST, MEXICAN GRILL PROPERTY IS LOCATED AT BRANT PIKE IN MIAMI VALLEY WAY, CBDP 26 DASH 11, MR. LL GOOD EVENING.
SO THIS IS AN APPLICATION FOR A COMBINED DEVELOPMENT, UH, PLAN.
THE APPLICANT HAS, UM, SUBMITTED ALL OF THEIR, UM, DRAWINGS THAT WOULD BE, UH, THAT WOULD BE NECESSARY FOR BOTH THE BASIC AND THE DETAILED.
UH, SO WE MADE THE DECISION TO MOVE FORWARD WITH A COMBINED DEVELOPMENT PLAN APPLICATION AND REVIEW.
UM, WE'RE ALSO DOING THAT TO SAVE SOME TIME, UM, BECAUSE THE APPLICANT, UH, WANTS TO BE UNDER CONSTRUCTION, UM, THIS YEAR.
SO, UM, THE SITE DETAILS WE'RE, WE'RE TALKING ABOUT THE SITE THAT'S JUST ON THE OTHER SIDE OF US FROM THE LIBRARY.
UH, SO IT'S JUST, UM, IT'S 0.7 ACRES, ZONE PLANNED MIXED USE.
UH, THE ADJACENT LANDS ARE, UH, PLANNED, MIXED USE, AND THEN B THREE COMMERCIAL TO THE NORTH AND TO THE EAST.
UH, AS I MENTIONED, THIS IS THE APPLICANT IS SEEKING APPROVAL FOR A COMBINED DEVELOPMENT PLAN TO CONSTRUCT A 2,400 SQUARE FOOT, UH, CHIPOTLE MEXICAN GRILL.
UM, I DID FORGET TO LET YOU KNOW THERE IS A REVISED SITE PLAN THAT IS ON YOUR, UM, ON YOUR TABLE.
UM, THE ONLY CHANGE IS THAT THE APPLICANT, UM, MADE THE, THE CHANGES THAT WE HAD SUGGESTED, WHICH WAS, UH, TO MOVE THE STREET TREES ON BRANT PIKE BEHIND THE SIDEWALK SO THAT THEY WOULDN'T GET CLIPPED BY EITHER BUSES OR LARGE TRUCKS.
UM, AND THEN ALSO TO BREAK UP THE TAXI BUSHES THAT WOULD BE ALONG THE SIDEWALK, MOVE THEM A LITTLE FURTHER AWAY FROM THE SIDEWALK SO THEY DON'T, UH, OVERGROW THE SIDEWALK AREA.
KIND OF BREAK UP THE PLANNING BEDS, BUT EVERYTHING ELSE, UM, IS EXACTLY AS IT'S BEEN, UM, SUBMITTED TO YOU, UH, AND IN THE STAFF REPORT.
SO, LIKE I SAID, THE ONLY CHANGE IS IS THE LANDSCAPING SLIGHTLY.
SO THIS IS A, UM, 22,835 SQUARE FOOT, UM, RESTAURANT.
IT DOES HAVE A PICKUP WINDOW, UH, SO THERE WON'T BE ANY ORDERING THERE, BUT ANY FOLKS WHO CAN ORDER ONLINE THROUGH THEIR APP OR PHONE IT IN AHEAD CAN THEN, UM, PICK IT UP.
BUT THERE IS NO, UH, DRIVE THROUGH ORDER BOARDS OR ANYTHING OF OF THAT NATURE.
UM, WE, WE STAFF, UH, DID REQUIRE THE, UM, APPLICANT TO USE THE SHARED DRIVEWAY THAT'S SHARED WITH SANOS.
THAT IS ONE OF THE REQUIREMENTS IN THE BRANT PIPE REVITALIZATION OVERLAY DISTRICT, WHICH IS, UH, THIS IS A SUBJECT TO THAT THEY WILL BE, UM, CUTTING IN A NEW CURB CUT ON MIAMI VALLEY WAY, BUT IT'S AT THE EAST END OF WHERE THE MEDIAN, UM, ENDS.
SO IT, IT, IT ALIGNS UP FAIRLY WELL WITH THE, THE LIBRARY'S ENTRANCE AS WELL.
UM, THIS IS THE REVISED LANDSCAPING PLAN.
LIKE I SAID, THE ONLY THING HAS CHANGED FROM THE PACKET THAT YOU SAW ON FRIDAY IS, UH, WE, THE THREE STREET TREES THAT ARE ALONG BRANT GOT SHIFTED TO THE BACK OF THE SIDEWALK SO THAT WE'RE NOT HITTING THEM WITH TRUCKS, BUSES, ET CETERA.
WE THOUGHT THAT AS THEY GROW INTO BRANT, THEY'RE GONNA GROW INTO BRANT.
UM, SO THIS WILL PROVIDE A BETTER LONGEVITY FOR THE TREES THAT ARE, UM, ON THAT SIDEWALK.
THESE ARE THE, THE, UM, ELEVATIONS OF THE BUILDING.
IT'S A MIXTURE OF THIN BRICK, UH, AND EFIS, UH, WHICH MEETS
[00:05:01]
OUR COMMERCIAL, UM, BUILDING MATERIAL REQUIREMENTS.THERE ARE TWO BUILDING SIGNS THAT ALSO MEET CODE AS FAR AS THE SIZE.
UH, THERE IS ONE THAT IS ON THE EAST ELEVATION, UH, THAT YOU'LL SEE AS, UH, AS YOU DRIVE BY.
AND THEN THERE'S ONE ON THE SOUTH ELEVATION KIND OF, UH, FACING, EXCUSE ME, THE CORNER OF, UH, MIAMI VALLEY WAY.
THE, THERE IS ONE SMALL OR MODERATELY SMALL, UM, PYLON SIGN.
UH, IT IS ONLY ABOUT A FOOT AND A HALF WIDE.
UM, OUR, THE BRANT PIKE OVERLAY DISTRICT LIMITS THEM TO SIX FEET.
IT'S STAFF'S RECOMMENDATION THAT WE MAINTAIN THE EIGHT FEETS TO GET THE, THE CHIPOTLE BRAND, THE ACTUAL LETTERING ABOVE THE TAXES BUSHES THAT ARE GONNA BE, UH, A LONG RAMP PIKE, SO THAT, THAT, THAT SIGN WOULD ACTUALLY BE VISIBLE AND NOT HIDDEN FROM, UM, VIEW.
IT IS ALSO SIGNIFICANTLY SMALLER, UH, IN HEIGHT THAN THE EXISTING MIAMI VALLEY, UM, OR PREMIER HEALTH MULTI-TENANT SIGN THAT'S AT THE CORNER OF BRANT AND MIAMI MAP VALLEY WAY.
THAT SIGN IS ABOUT 12 FEET TALL.
UM, THIS ONE IS PROPOSED TO BE EIGHT FEET, UM, AT GRADE LEVEL.
AND ACTUALLY, IF THE WAY THE SIGN CODE IS WRITTEN, YOU MEASURE IT FROM THE BACK OF THE CURB ON THE STREET TO WHERE THE SIGN SITS.
IT'S ACTUALLY TECHNICALLY BECAUSE A GRADE SHIFTS FROM THE STREET TO ON SITE, IT'S ACTUALLY ONLY 12 INCHES TALLER THAN WHAT CODE, UM, ALLOWS.
SO STAFF IS THINKS THAT THAT IS A, IS IT'S A FINE COMPROMISE, ESPECIALLY GIVEN THE AMOUNT OF LANDSCAPING THAT WILL BE IN FRONT OF THE SIGN.
SO, AS FAR AS CONFORMANCE WITH THE PLAN, MIXED USE DISTRICT REQUIREMENTS, I'M GONNA HIT WHEN I, JUST LIKE IN THE STAFF REPORT, I DISCUSS THEM FROM THE MOST RESTRICTIVE PERSPECTIVE FROM EITHER THE PLANNED MIXED USE OR THE BRANT PIKE OVERLAY DISTRICT.
SO THE BRANT PIKE REVITALIZATION OVERLAY DISTRICT REQUIRES A 10 FOOT PARKING SETBACK.
UH, THOSE DRIVE AISLES ALONG BRANT PIKE AND THE PARKING ALONG MIAMI VALLEY WAY ARE SET BACK 10 FEET FROM THE PROPERTY LINES.
UH, THE BUILDING DOES NOT EXCEED THE 35 FOOT MAXIMUM HEIGHT LIMIT.
THE BRANT PIKE CURB CUT WILL BE SHARED WITH SANOS, AS I MENTIONED, WHICH IS REQUIRED BY THE OVERLAY DISTRICT.
UH, AND THEN THERE IS A 20% OPEN SPACE REQUIREMENT.
AND THAT SITE PLAN DOES CONFORM TO, UH, THIS, THIS REQUIREMENT WITH ALL OF THE, UH, THE LANDSCAPING ISLANDS AND SUCH.
THE SITE PLAN ILLUSTRATES 31 PARKING SPACES.
10 OF THOSE ARE SHARED WITH, UH, SANOS.
THE CODE REQUIRES 25 SPACES BASED ON THE PLAN 40 SEATS, UM, INSIDE THE FACILITY, UH, AND I'M ESTIMATING 10 EMPLOYEES, UH, DURING THE BUSIEST SHIFT.
UM, THIS SITE PLAN DOES THE PARKING, DOES MEET CODE AND STAFF FEELS THAT THE PARKING PROVIDED IS SUFFICIENT.
UH, I ALSO MENTIONED THAT THE BUILDING MATERIALS ARE A MIXTURE OF THIN BRICK AND EFIS VENEER.
CONSISTENT WITH, UH, THE CODE REQUIREMENTS TALKED ABOUT SIGNS, UM, THE TWO WALL SIGNS COMPLY WITH THE ZONING CODE REQUIREMENTS AS FAR AS SIZE AND PLACEMENT.
UH, I DID MENTION THAT THE EIGHT FOOT SIDE, THE EIGHT FOOT HIGH PYLON SIGN, UH, DOES EXCEED THE BPO HEIGHT BY ABOUT ONE FOOT.
UM, AS I MENTIONED, I, WE FEEL, I FEEL THAT, UH, THIS SIGN HEIGHT IS ACCEPTABLE AS DESIGNED.
IT'S MODEST AND WILL GIVE THE, THE, UM, BUSINESS SOME VI VISIBILITY, UH, AND RECOMMEND APPROVAL AS IT'S SUBMITTED.
UM, THERE IS THE CRITERIA FOR APPROVAL.
THE, THE 12 CRITERIA IS LISTED IN THE STAFF REPORT.
I'M NOT GONNA GO THROUGH EVERY ONE.
UM, THE FIRE DEPARTMENT, UH, THE PLANTS MEET ALL THE FIRE CODE REQUIREMENTS.
THEY DID, UH, REQUEST THAT A FIRE LANE, UM, STRIPING BE, UM, BE BASICALLY PAINTED, UH, AROUND THE BUILDING.
CITY ENGINEERS BEEN WORKING WITH THE APPLICANT ON STORMWATER.
UM, SO WE ARE MAKING A STORMWATER CONNECTION, UH, TO THE EXISTING, UH, PREMIER PARKING LOT TO THE WEST.
UM, SO THOSE ARE INCORPORATED IN THE SITE PLAN.
UH, THE ENGINEER HAD NO ADDITIONAL COMMENTS OR CONCERNS WITH THE, WITH THIS PLAN.
SO IT IS THE RECOMMENDATION OF STAFF, AND IT'S OUR OPINION THAT THE REQUIREMENTS OF SECTION 1170 1.06 CAN BE MET.
AND WE RECOMMEND APPROVAL OF THE COMBINED DEVELOPMENT PLAN APPLICATION AND THE REVISED PLANS DATED MAY 11TH, 2026 WITH THE FOLLOWING TWO CONDITIONS.
ONE THAT THE APPLICANT SHALL INSTALL ONE BIKE RACK PER THE BRAND PIKE REVITALIZATION OVERLAY DISTRICT REQUIREMENT.
UH, AND THE APPLICANT WILL COMPLY WITH ALL FIRE DEPARTMENT, UH,
[00:10:01]
REQUIREMENTS.SO, UH, JONATHAN, WHO IS THE APP REPRESENTS THE APPLICANT IS HERE.
IF YOU'VE GOT ANY QUESTIONS OF HE OR I, THE, UH, ORIGINAL SIGNAGE FOR, UH, I'M GONNA CALL IT THE HOSPITAL OR WHATEVER.
DOES THAT STAY ON THE CORNER? IT DOES.
UM, LET ME GO TO A BETTER YEAH.
SO AS PART OF THE COMBINED, UM, DEVELOPMENT, UM, THERE'S ALSO A PLA THAT WILL BE APPROVED.
UH, AND SO WHAT WE HAD DECIDED TO DO IS WE'RE CARVING OUT THE EXISTING PYLON SIGN, UH, AS FAR TO THE PLAT.
SO MIAMI VALLEY OR PREMIER WILL RETAIN OWNERSHIP OF THAT CORNER WITH THEIR SIGN, UH, AND THEN THE REST OF THE PLAT WOULD BE SOLD TO THE OWNER FROM CHIPOTLE.
SO YEAH, THAT WAS A CONDITION OF SALE.
THEY WANTED TO KEEP THEIR WAYFINDING SIGN.
IT MAKES SENSE 'CAUSE EVERYBODY KNOWS IT.
SO WE JUST NOTCHED OUT THAT CORNER WHERE THE EXISTING SIGN, AND I THINK THERE'S A TRANSFORMER OR A SMALL UTILITY BOX OVER THERE.
UM, THOSE, THOSE ALL RETAIN, THEY STAY WITH, UM, PREMIER.
THERE IS NO MINIMUM LOT SIZE IN THIS DISTRICT.
SO THIS IS A LEGAL SUBDIVISION.
AND THEN PREMIER WOULD, UH, CONTINUE TO BE THE OWNER OF THAT AREA? CORRECT.
ANY OTHER QUESTIONS FOR MS. VARGO? WOULD YOU TAKE IT BACK TO, UM, STAFF RECOMMENDATION? MM-HMM
WHY DOES THAT NOT SAY HAS BEEN MET? WHAT, WHAT IS LACKING? UM, JUST HOW I WROTE IT.
THE, THE, THEY HAVE BEEN MET, THE REQUIREMENTS.
HAVE THEY HAVE BEEN MET? BEEN MET, YES.
THAT'S THE ONLY QUESTION THAT I HAVE IS TO, YEP.
THERE ARE SOME, UH, A COUPLE REQUIREMENTS THAT ARE SOMEWHAT SUBJECTIVE, BUT THEY HAVE MET ALL THE REQUIREMENTS.
IN YOUR PRESENTATION, IT SEEMED EVERYTHING WAS JUST FINE.
ANY OTHER QUESTIONS FOR STAFF? NO, SIR.
BETTER SITE PLAN? NO OTHER QUESTIONS OF ME? NO.
ANYONE WISHING TO SPEAK FOR THE APPLICANT QUITE AS TALL AS AARON? UH, GOOD EVENING.
MY NAME'S JONATHAN EVANS WITH EVANS ENGINEERING, 42 40 AIRPORT ROAD, CINCINNATI, OHIO, 4 5 2 2 6.
I'D LIKE TO, UH, THANK YOU FOR YOUR TIME TONIGHT AND, UH, APPRECIATE AARON, YOUR, UH, REPORT AND STAFF RECOMMENDATION.
UM, THIS IS THE WAY WE LIKE TO DO IT.
WE LIKE TO WORK WITH STAFF AND, AND KIND OF HEAR THEIR CONCERNS AND WORK HARD TO, TO PUT TOGETHER A PLAN THAT MEETS ALL YOUR REGULATIONS.
AND THAT'S WHAT WE FEEL WE'VE DONE HERE TODAY.
AND SO, UH, REALLY, I JUST, YOU KNOW, LOOKING TO, UH, CERTAINLY ANSWER ANY QUESTIONS OR CERTAINLY JUST TELL YOU WE'RE EXCITED TO BE HERE.
I HELP REPRESENT THE OWNER, UM, WHO'S GONNA BE BUILDING THIS, DEVELOPING THIS.
UM, THEY'RE A PREFERRED DEVELOPER FOR CHIPOTLE.
AND, UH, THEY, THEY CHOOSE US A LOT BECAUSE WE, WE, YOU KNOW, TRY TO DO A GOOD JOB AND GET THESE APPROVED AND GET 'EM BUILT AND, AND GET 'EM OPEN AND OPERATE.
SO THAT'S WHAT WE'RE, THAT'S WHAT WE'RE ACHIEVING HERE OR TRYING TO DO TODAY.
SO, UM, SO I APPRECIATE EVERYTHING, UH, YOU'VE DONE.
I THINK WE'VE DONE A, YOU KNOW, NICE JOB HERE.
UM, AND THE, THE SIGN, I THINK YOU TOUCHED ON THE SIGN, IT'S, IT'S A VERY NOMINAL, UH, REQUEST THAT WE'RE LOOKING THERE.
IT'S KIND OF A WEIRD NAME, BUT, YOU KNOW, IT'S KIND OF, IT JUST GIVES 'EM A LITTLE BIT OF HEIGHT AND IT DOESN'T BLOCK A LOT OF VISIBILITY.
IT JUST GIVES 'EM THE, THE PRESENCE THAT THEY WANT THERE.
UM, SO, UH, YEAH, WE WOULD ASK FOR APPROVAL OF THAT, UH, WHICH I HOPE YOU CAN DO TONIGHT.
BUT, UH, UH, THERE WAS ONE CONDITION YOU HAD ABOUT THE BIKE RACK AND THIS CURRENT PLAN, WE DID SHOW THE BIKE RACK.
SO WE ARE COMPLIANT WITH THE PLAN.
WE PUT IN, WE SHOW IT THROUGH THE BACK OF THE BUILDING THERE.
WE SHOW ONE BIKE RACK LABELED AS SUCH.
SO, UM, AGAIN, WE THINK WE'VE, WE'VE HIT ALL THE NEEDS AND WE'RE CERTAINLY EXCITED TO HOPEFULLY GET APPROVAL AND BUILD A NICE RESTAURANT HERE.
ANY QUESTIONS FOR THE APPLICANT? MS. VARGO? WILL THIS BE THE SECOND? I'M SORRY.
CHIPOTLE HERE IN HUBER? PARDON ME? WILL THIS BE THE SECOND CHIPOTLE HERE IN HUBER? I'M NOT, YOU KNOW, HONESTLY, I'M NOT SURE.
IS THERE ONE? THERE IS ONE, YEAH.
YEAH, THAT'S WHAT I WAS THINKING TOO.
MS. VARGO, UM, IS THIS A FRANCHISE OR IS IT LIKE A FAMILY OR INDIVIDUALLY OWNED? NEITHER.
UM, THE, THE BUILDINGS THEMSELVES ARE USUALLY BUILT AND OWNED BY ENTITIES, BUT CHIPOTLE DOESN'T FRANCHISE ANYTHING.
THEY, THEY OPERATE ALL OF THE RESTAURANTS.
THEY SAW SIGN LONG-TERM LEASES, UM, AND THEY, THEY OPERATE AS, SO THERE IS A HEADQUARTERS? YEAH, IT'S CORPORATE.
AND IF THERE'S AN ISSUE OR A PROBLEM, YOU GO TO THE HEADQUARTERS OR DO YOU GO TO THE INDIVIDUAL CORPORATE? EVERYTHING'S OWNED AND OP MAIN, EVERYTHING'S OPERATED BY CHIPOTLE.
THE BUILDING ITSELF IS JUST OWNED BY SAY A LANDLORD, BUT HE DOESN'T REALLY HAVE ANY, HE
[00:15:01]
OR SHE OR ENTITY DOESN'T HAVE ANYTHING TO DO WITH.UH, WELL THIS IS A REAL EASY ONE FOR ME BECAUSE YOU HAVE COVERED ALL THE BASES AND MY HAT'S OFF TO YOU FOR THANK YOU FOR THE COOPERATION THAT'S GOING ON BETWEEN YOU AND THE SANOS FOLKS.
IT LOOKS LIKE YOU'VE SETTLED EVERYTHING AND IT'S ALL GOOD.
OH, WE'VE TRIED TO, WE'VE TRIED TO.
THIS, THIS DEAL WOULDN'T HAVE WORKED WITHOUT THEM OR THE HOSPITAL.
SO
FIRST ZONING MEETING I'VE BEEN TO IN A LONG TIME, OR PLANNING COMMISS MEETING WHERE THERE'S NOBODY IN A TENANT.
ANY OTHER QUESTIONS FOR THE APPLICANT? THANK YOU, SIR.
WOULD YOU SIGN IN PLEASE? OH YEAH.
LAST TIME I WAS, YOU, YOU GUYS WERE UP AT A DIFFERENT LOCATION, SO
IS THERE ANYONE ELSE WISHING TO SPEAK ON THIS ZONING CASE AND HEARING? NO ONE.
SO IS THERE A MOTION TO APPROVE THE REQUEST BY THE APPLICANT BLAZE PROPERTIES, HUBER HEIGHTS, LLC, FOR APPROVAL OF A COMBINED BASIC AND DEVELOPMENT PLAN APPLICATION AND REVISED PLANS DATED MAY 11TH, 2026.
PROPERTY IS LOCATED AT BRANT PIKE IN MIAMI VALLEY WAY CASE C-B-D-D-P 26 DASH 11, IN ACCORDANCE WITH THE RECOMMENDATIONS OF STAFF'S MEMORANDUM DATED MAY 6TH, 2026 IN THE PLANNING COMMISSION'S DECISION RECORD.
IS THERE A SECOND? SECOND BY MS. VARGO.
SECRETARY, WILL YOU PLEASE CALL THE ROLL? MS. VARGO? YES.
MOTION PASSES THREE TO ZERO, WHAT'S NEXT FOR THE APPLICANT, MR. SORELL? YES.
UH, OUR, UH, OUR INTENT IS TO MOVE THIS TO THE, UH, JUNE 8TH CITY COUNCIL MEETING FOR THEIR REVIEW AND APPROVAL.
WE HAVE NO ADDITIONAL BUSINESS OR DO WE, MR. SOLL? NO, I, I MEAN, WE CAN TALK ABOUT, I WAS JUST GONNA MENTION IT IF WE WANNA TALK ABOUT IT, BUT I DON'T HAVE A FORMAL DISCUSSION.
IF YOU'VE GOT ANYTHING YOU WANT TO, OH, SO, UM, I DID SUBMIT OR SEND YOU THE DIAGNOSTIC REPORT.
UH, IF YOU'VE NOT HAD TIME TO REVIEW IT FULLY, UH, PLEASE DO FEEL FREE, FREE TO SEND ME ANY FEEDBACK OR COMMENTS, UH, AREAS YOU AGREE WITH, AREAS YOU DIS YOU DISAGREE WITH.
UM, AND THEN I'M GONNA COMPILE THOSE, UH, THOSE COMMENTS AND GET THEM BACK TO THE CONSULTANT.
THERE ARE A FEW ITEMS THAT I WOULD LIKE TO SEE INCLUDED, MAINLY FROM A ADMINISTRATIVE, UM, PERSPECTIVE ADDING, UM, ADMINISTRATIVE VARIANCES, UH, YOU KNOW, SMALL ADMINISTRATIVE VARIANCES.
UM, BUT OTHER THAN THAT, I THOUGHT IT WAS, UH, EXTREMELY COMPREHENSIVE, UH, AND WAS A PRETTY THOROUGH REVIEW OF THE EXISTING CODE COMPARED TO OUR COMPREHENSIVE PLAN.
SO THIS IS BASICALLY THE ROADMAP FORWARD.
SO IF YOU'VE GOT OTHER THOUGHTS, PLEASE LET ME, LET ME KNOW.
MS. VARGO, YOU HAVE ANY QUESTIONS NOW? I DO.
THE, THE ONLY THING THAT IS OF CONCERN OR A QUESTION IN MY HEAD RIGHT NOW IS IF YOU GO TO THIS MIXED USE, UM, CAN A, CAN A BUILDER TAKE THE CITY TO COURT IF IT'S DISALLOWED? IF, IF THEY'RE ASKING FOR SOMETHING THAT, YOU KNOW, IT'S MIXED USE AND IT'S ALLOWED, BUT THEY COME TO THE CITY AND IT, AND ARE, ARE YOU FORCED TO LET THEM GO IN? OR CAN THEY TAKE YOU TO COURT? OR WHAT'S THE DEAL? HOW DOES THAT WORK? YEAH, SO IT WILL, IT WILL, I MEAN, IT'S, IT'S ALL SPELLED OUT IN THE ZONING CODE THAT WE HAVE NOW.
WE KNOW WHO CAN DO WHAT AND WHAT FOR AND WHAT THEY, IF THEY CAN'T, WHAT THEY HAVE TO DO.
BUT IN THIS EVERYTHING, IN EVERYTHING.
AND I LOVE THE IDEA THAT YOU'RE ABLE TO DO A LOT MORE THAN YOU CAN'T NOW, BUT IT CONCERNS ME OR I JUST DON'T KNOW, UNDERSTAND IN MY HEAD HOW IT'S GONNA WORK.
SO THE, THE WAY WE ENVISION IT IS, UM, KIND OF THINK OF LIKE THE, UH, THE PLANNED MIXED USE DISTRICT WE HAVE NOW.
UM, RATHER THAN IT BEING A PLANNED DEVELOPMENT THOUGH, AND EVERY SINGLE PROJECT HAVE TO GO IN FRONT OF A BOARD FOR REVIEW, WE WOULD SPELL OUT WHAT IS ALLOWED.
AND AS LONG AS YOU'RE WORKING WITHIN THAT FRAMEWORK, THAT'S WHAT'S ALLOWED.
BUT IF YOU, IF THE DEVELOPER WANTS TO WORK OUTSIDE OF THAT BOX, THEN IT COMES TO HERE.
SO IT'S GONNA BE STAFF NOT PLANNING COMMISSION
[00:20:01]
THAT DOES MOST OF THE WORK THAT WE ARE DOING NOW.UM, I WOULD SAY THAT IT WOULD BE THE FIRST CUT STAFF YES, IS, BUT AS LONG AS THE DEV, THE BUILDER, DEVELOPER, WHOMEVER WANTS TO PLAY WITH THE BOX, WHICH IS THE POLICY GUIDANCE THAT YOU'VE OUTLINED, THEN IT WOULD JUST STAY WITH STAFF FOR REVIEW.
BUT IF THEY WANTED TO WORK OUTSIDE OF THAT FRAMEWORK, THEN IT HAS TO COME TO YOU.
AND I DON'T, I'M ALWAYS LOOKING TO THE FUTURE.
I THINK, YOU KNOW, I HAVE ABSOLUTELY, WE HAVE GREAT STAFF, BUT I READ IN THE PAPER OF OTHER PLACES THAT HAVE HAD STAFF MEMBERS THAT HAVE, THAT'S NOT BEEN THE CASE.
WHAT HAPPENS IF WE HAVE THAT SITUATION HERE? I MEAN, WE'RE STUCK.
STAFF IS THE ONE THAT MAKES THE DECISION, NOT THE COMMUNITY, NOT PLANNING COMMISSION.
IT'S SOMEONE THAT'S A, A HIRED PERSON.
SO I WOULDN'T SAY THAT STAFF MAKES THE DECISION, STAFF INTERPRETS THE CODE AND WHETHER THE PROJECT FITS WITH WHAT THE CODE IS ALLOWED.
THEY MAKE THE INTERPRETATION AND THEY CAN, YOU CAN INTERPRET ANYTHING TO SAY WHAT YOU WANT IT TO.
IT IT, WELL, AND THAT WILL COME DOWN TO HOW WE WRITE THE CODE SO THAT WE WRITE A TIGHT BOX AND THEN INSIDE, OUTSIDE OF THAT POLICY FRAMEWORK, IF IT'S RIGHT NOW, UM, WHAT I DON'T WANT IS AN AMBIGUOUS CODE.
AN AMBIGUOUS CODE THAT LEADS, ITS SELF OPEN FOR INTERPRETATION.
AND THAT'S, THAT'S WHERE IN READING THROUGH THIS, DO YOU THINK THAT'S THE CASE? YES.
UM, IN WHAT AREAS? BECAUSE, MAN, I'LL TELL YOU, THIS IS VERY THOROUGH.
UM, WE CAN PULL THAT DOWN, PROVIDE A LITTLE BIT OF FLEXIBILITY AMONGST THOSE, UM, BUT AT THE SAME TIME STILL PROVIDING THOSE SAFEGUARDS FOR EXISTING BUSINESSES, RESIDENTS, ET CETERA.
SO A LITTLE BIT MORE FLEXIBILITY, A LITTLE BIT MORE PREDICTABILITY.
'CAUSE RIGHT NOW, IF YOU HAVE MORE THAN FIVE ACRES, FOR THE MOST PART, YOU'RE REQUIRED TO GO THROUGH THE PLAN DEVELOPMENT PROCESS.
THERE'S A, I KNOW THERE'S A LOT AND THAT, AND THAT ADDS UNPREDICTABILITY TO THE PROCESS.
AND I'D LIKE TO REMOVE THAT A LITTLE BIT.
THERE'S A LOT OF GOOD IN HERE, BUT I HAVE SOME DOUBT AS TO POSSIBILITIES OF THINGS THAT COULD HAPPEN THAT WE'RE NOT COVERING.
AND AND THAT'S WHAT I WANT TO KNOW SO THAT WE MAKE SURE THAT WE COVER THOSE.
SO I WANT TO KNOW WHAT YOUR CONCERNS ARE.
SO ARE THESE PEOPLE STILL HERE? ARE THEY STILL EMPLOYED? WHOEVER WROTE THIS? OH YEAH.
I, I THINK THEY SAID TILL THE END OF THE YEAR OR SOMETHING LIKE THAT.
WE'RE, WE'RE UNDER CONTRACT UNTIL PROBABLY FIRST QUARTER.
I MEAN, WE'RE UNDER CONTRACT UNTIL IT GETS ADOPTED.
TECHNICALLY, MY GOAL IS THAT THAT'S FIRST QUARTER AND IT'S A LOT OF WORK IN HERE AND THERE'S, THERE'S A, THERE'S A LOT OF GOOD STUFF, BUT I QUESTIONED HAVING EVERYTHING UNDER MIXED USE.
OH, I DON'T DISAGREE WITH THAT.
YEAH, I THINK WE'RE HERE RIGHT NOW ON THE SPECTRUM.
I THINK WE NEED TO PULL IT IN JUST A LITTLE BIT.
ARE WE THE FIRST CITY TO MAKE EVERYTHING MIXED USE? 'CAUSE I READ IN THE PAPER, IN FACT, I THINK JUST YESTERDAY OR TODAY, SOMETHING ABOUT FAIRBORN AND IT WAS, AND I THOUGHT, MAN, THAT COULD BE HUBER HEIGHTS.
IT'S, IT WAS SOMEONE THAT WAS DENIED SOMETHING BECAUSE IT WASN'T EXACTLY LIKE IT SHOULD HAVE BEEN.
AND, AND, AND THERE, UM, ARE, ARE WE THE FIRST IN THE DAYTON AREA OR IS THERE ANYONE ELSE THAT HAS SOMETHING LIKE THIS? NO, BUT THIS IS JUST AN IDEA RIGHT NOW.
WHEN, WHEN WE, WHEN WE DID DAYTON'S CODE, I SAY IT FELT LIKE IT WAS JUST YESTERDAY, BUT IT WAS PROBABLY 2005.
UM, WE DID TRY TO PUSH TO MORE MIXED USE DISTRICTS BECAUSE DAYTON, LIKE OURS HAD VERY S SIM, UM, VERY SPECIFIC USE DISTRICTS.
SO WE DID BROADEN THAT A LITTLE BIT, BUT NOT TO, NOT TO THE POINT OF WHAT THEY'RE PROPOSING.
SO WHAT THEY'RE PROPOSING IS OUT HERE, I THINK WE NEED TO BRING PROBABLY IS WE NEED TO BRING IT IN A LITTLE BIT, AND THAT'LL BE AS PART OF THE PROCESS.
I, I KIND OF FELT, I, I, I REALLY DIDN'T KNOW FIRST OF ALL, THAT THEY HAD BEEN EMPLOYED UNTIL THEY WERE HERE AND MADE THE PRESENTATION.
BUT I KIND OF FELT LIKE THAT WHAT THEY SAID IS WHAT WE WERE GONNA DO, AND THAT'S REALLY NOT THE CASE.
THIS IS THEIR FIRST RECOMMENDATION, AND THEN IT'S
[00:25:01]
UP TO US TO KIND OF STEER THE PATH.AND, AND I GUESS MY, MY LAST COMMENT IS THAT IT REALLY DOES APPEAR THAT YOU'RE NOT GONNA NEED A PLANNING COMMISSION.
YEAH, BUT NOT, NOT NEARLY AS MUCH.
UH, WHAT I THINK YOU WOULD, WHAT THE INTENT WOULD BE THAT YOU WOULD SEE THE MORE INTERESTING PROJECTS AND THE ONES THAT, THAT NEED MORE THOUGHTFUL CONSIDERATION IN A BASE PLAN, AND THEN INSTEAD OF JUST SEEING KIND OF, IT'S GOING TO HELP THE PEOPLE COMING IN.
I, I GET THAT, THAT THAT'S A GOOD THING.
YOU'LL STILL SEE ALL THE SUBDIVISIONS BECAUSE UNDER STATE LAW, YOU'RE THE PLATING COMMISSION AS WELL.
SO I MEAN, THAT, THAT STUFF WILL STILL COME TO YOU.
UM, BUT THE GOAL IS, MY GOAL WOULD BE FOR THE PLANNING COMMISSION TO SPEND MORE TIME ON COMPLICATED PROJECTS AND, AND LESS TIME ON MUNDANE.
AND, AND SAME WAY THE BZA, UM, YOU KNOW, THE BZA SEES A LOT OF CASES WHERE, YOU KNOW, THE, IT'S A ONE FOOT VARIANCE, IT'S A TWO FOOT VARIANCE.
YOU KNOW, THOSE KIND OF THINGS.
WE SET THE, WE SET THE HEIGHT OF THE, AT THE, OF THE ACCESSORY STRUCTURE AT X WELL, 80% OF WHAT GOES TO THE BZA DEALS WITH THE HEIGHT OF THIS ACCESSORY STRUCTURE.
MAYBE WE NEED TO MOVE THE HEIGHT UP A COUPLE FEET, IS THAT KIND OF STUFF.
SO NO, THERE WILL ALWAYS BE A ROLE FOR THE PLANNING COMMISSION.
AND, UH, WHO I, YOU, YOU HAD ALLUDED OR MENTIONED A, A COMMITTEE OR, UM, A BOARD OR A, WHERE WILL THEY COME FROM? YOU HAD, YOU HAD SAID SOMETHING ABOUT IN PUTTING THIS TOGETHER, THE, THE PEOPLE THAT GET TOGETHER TO LOOK AT IT AND DECIDE HOW IT'S CHANGED, IS IT GOING TO BE ONLY YOU AND YOUR STAFF? NO.
OR ARE YOU GOING TO HAVE OTHER PEOPLE, AND IF SO, HAVE THEY BEEN CHOSEN AND WHO ARE THEY? SO THE PLANNING COMMISSION IS, IS GONNA DRIVE THIS, THIS PROCESS.
THERE'S AN INTERNAL COMMITTEE OF STAFF, WHICH IS MYSELF, DON MILLARD, THE ZONING ADMINISTRATOR, RUSS BERGMAN, THE CITY ENGINEER.
SO WE'RE GONNA BE LOOKING AT IT FROM A TECHNICAL STANDPOINT, YOU KNOW, IS THE LANGUAGE JUST SO, UM, ARE THERE, ARE THERE CONFLICTS WITH OTHER AREAS OF, OF CITY CODE? THAT'S THE KIND OF STUFF THAT WE'RE GOING TO REVIEW.
I'M GONNA RELY ON THIS BOARD FOR AND CITY COUNCIL FOR SETTING THE BROAD POLICY OBJECTIVES.
AND, YOU KNOW, YOU TELLING US THAT THIS, THE FLEXIBILITY IN THIS DISTRICT IS A BRIDGE TOO FAR.
WE WANT TO BRING IT BACK IN AND WE WILL THEN MAKE THE TECHNICAL CORRECTIONS TO BRING THAT BACK IN.
SO IT WILL BE PEOPLE THAT ARE ALREADY WORKING IN THIS AREA, CITY COUNCIL PLANNING COMMISSION, AND NEW PEOPLE, NO OTHER CITIZENS.
WE'RE GONNA HAVE, UH, WE'RE GONNA HAVE SOME, SOME SPECIFIC WORKSHOPS WITH BUILDERS, DEVELOPERS, NEIGHBORHOOD LEADERS.
UM, BUT WHEN WE, WHEN WE DID THE COMPREHENSIVE PLAN, IT'S A PRETTY BIG BROAD POLICY STATEMENTS.
IT'S MORE ASPIRATIONAL WHEN WE GET INTO ZONING.
IT'S PRETTY DETAILED AND MORE OF A TECHNOCRATIC THING.
SO WE'LL HAVE OPEN, UH, OPEN HOUSES, ESPECIALLY WHEN WE START LOOKING AT THE, THE ZONING MAP AND ADJUST.
BECAUSE I, WHAT I ENVISION IS THAT WHEN YOU TALK ABOUT BUSINESSES, RESIDENTS AREN'T GONNA BE INTERESTED IN THAT AND VICE VERSA.
IF YOU TALK ABOUT RESIDENTIAL BUSINESS, PEOPLE WANNA KNOW WHAT ARE YOU GONNA DO FROM A, HOW'S IT GONNA CHANGE MY BUSINESS? YEAH.
AND, AND WE'RE BUILDING OUT THE ONLINE PRESENCE SO PEOPLE CAN, YOU KNOW, COMMENT, TAKE A LOOK AT IT.
BUT WE'RE IN THE VERY, PRETTY MUCH INITIAL STEPS.
UM, THEY HAVE DONE THE CODE DIAGNOSTIC, AND NOW WE'RE REALLY GONNA START THIS IN EARNEST.
UM, NEXT, UH, ON THE AGENDA IS APPROVAL OF MINUTES WITHOUT OBJECTIONS.
THE MINUTES OF THE APRIL 14TH, 2026 PLANNING COMMISSION WILL BE APPROVED.
AND HEARING NO OBJECTIONS, THEY ARE APPROVED REPORTS AND CALENDAR REVIEW.
UM, SO AT THE MOMENT, THERE ARE, THERE'S NO, UM, DEVELOPMENTS THAT I'M AWARE OF THAT ARE GONNA BE COMING THROUGH, UM, FOR JUNE, BUT THAT DOESN'T MEAN THAT IT WON'T BE.
UM, THE OTHER THING, UH, IN ADDITION TO THE ZONING CODE, UM, WE HAVE MOVING FORWARD WITH EXPANDING OUR ONLINE PERMITTING, UM, PROCESS TO INCLUDE THE PLANNING SIDE OF THE HOUSE AS WELL.
SO RIGHT NOW WE HAVE IT FOR ZONING PERMITS, UM, BUILDING PERMITS, THINGS OF THAT NATURE.
UH, WE ARE GONNA BE MOVING TO ONLINE SUBMISSIONS, UM, PROBABLY BEGINNING IN SEPTEMBER.
SO THE GOAL IS TO GO, UH, AS PAPERLESS AS POSSIBLE, UM, AND
[00:30:01]
MAKE IT, UH, A MORE SEAMLESS WORKFLOW PROCESS BETWEEN PLANNING AND ZONING AND ENGINEERING.AND, AND SO JUST LETTING YOU KNOW THAT THAT IS A CHANGE THAT'S GONNA BE COMING DOWN PROBABLY IN SEPTEMBER.
SO THAT'S, THAT'S A REALLY MORE OF AN INTERNAL WORKFLOW, CITY, CITY PROCESSING SIDE.
BUT JUST WANTED YOU TO BE AWARE.
THAT'S ALL I HAVE NOTHING, NOTHING COMING.
DOES ANYONE ELSE HAVE ANYTHING TO BRING BEFORE THE PLANNING COMMISSION THIS EVENING? I AM HEARING NO ONE ELSE STAND ADJOURNED.