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[00:00:01]

WHEN IT WORKS WHEN IT WORKS.

[ AGENDA CITY PLANNING COMMISSION City Hall - Council Chambers 6131 Taylorsville Road October 27, 2020 6:00 P.M. ]

SO CALL A MEETING OF THE CITY, HUBER HEIGHTS PLANNING COMMISSION TO ORDER SECRETARY.

WHEN YOU PLEASE GO, JEFFREY'S HERE.

MISS OFF HERE.

MS. THOMAS HERE, MISS BARGAIN HERE.

MR. WALLACE HERE.

WELCOME EVERYONE.

I HAVE NO OPENING COMMENTS.

IS ANYONE ELSE DICE IN HEARING NONE? WE'LL MOVE ON TO, UH, THIS IS THE APPROPRIATE TIME FOR ANY CITIZEN'S COMMENTS, NOT PERTAINING TO ITEMS ON THE AGENDA, HEARING NONE.

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

SO I ASKED EVERYONE TO STAND, RAISE THEIR RIGHT HAND AND I CAN RESPOND.

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

ANYONE WISHING TO SPEAK TO AN IOWA, COME TO THE PODIUM IF YOU'RE ALIVE, UH, HERE, UH, AND, UH, SIGN IN ON THE SIGN-IN SHEET PROVIDED AND THEN GIVE US YOUR DAY, FIRST ITEM UNDER, UH, ON THE AGENDA AND A PENDING BUSINESS AS A MINOR CHANGE.

THE APPLICANT PHILLIPS EDISON AND COMPANY IS REQUESTING APPROVAL OF A MINOR CHANGE TO THE BEST BASIC DEVELOPMENT PLAN AT SULFUR GROVE SHOPPING CENTER, ZONING CASE 20 DASH 24.

MR .

SO THE, THE FIRST CASE TONIGHT IS A, UH, PENDING BUSINESS ITEM THAT, UH, AT OUR PREVIOUS PLANNING COMMISSION MEETING TWO PLANNING COMMISSION MEETINGS AGO, THERE WAS A DISCUSSION ABOUT A MINOR CHANGE AT THE SULFUR GROVE SHOPPING CENTER.

UM, AT THAT POINT IN TIME, THERE WAS A VOTE TAKEN AND IT WAS DENIED, UH, TWO TO THREE.

UM, THERE WAS SOME DISCUSSION AFTERWARDS ABOUT PROCESS AND ABOUT, UM, HOW DECISIONS ARE MADE.

UM, MAINLY THAT, UH, WHEN IT CAME DOWN TO THE FOLKS, THERE, THERE WASN'T NECESSARILY REASONS GIVEN TO DENY THERE WAS DISCUSSION EARLIER ABOUT CONCERNS.

SOME ANSWERS WERE GIVEN TO SOME OF THOSE CONCERNS, AND THEN WE GOT TO A VOTE AND THERE WAS A VOTE TO DENY, UM, THE APP FROM THAT DISCUSSION.

UM, IT WAS, UH, QUESTIONED, UM, WHETHER, UM, GOING PROCESS MOVING FORWARD ABOUT HOW WE SHOULD DO DENIALS AND APPROVALS, UM, TO MAKE SURE THAT EVERYTHING'S DONE CORRECTLY AND WRITTEN DOWN AND IN THE MINUTES AND THOSE KINDS OF THINGS.

SO OUR PRE OUR LAST PLANNING COMMISSION MEETING, UM, IT WAS A MOTION TO RECONSIDER JUST TO HAVE THE DISCUSSION AGAIN AND BRING US TO A POINT WHERE, UM, THERE CAN BE ANOTHER VOTE.

AND HOWEVER, THE VOTE GOES IS THAT THERE'S A SIGNIFICANT, UM, UH, ANSWERS TO WHY, UM, FROM THAT DISCUSSION, UM, WE DID HAVE A, UH, MEETING.

I KNOW NOT EVERYBODY ON THE COMMISSION WAS ABLE TO MAKE IT ABOUT SOME, UH, TRAINING AND ABOUT WHAT'S, UH, HOW TO MAKE THE DECISIONS, WHAT TO FOLLOW.

AND I'M, I'M NOW TRYING TO PUT MORE IN YOUR PACKETS ABOUT, UH, PROCESS.

UH, I DID NOT PROVIDE ANYTHING NEW ON THIS CASE THAT WE'RE TALKING ABOUT, BUT I DO HAVE SOME NEW INFORMATION.

AND BECAUSE I DID WATCH BACK THAT MEETING, UM, SINCE I WAS NOT THERE.

AND, UM, SOME OF THE CONCERNS THAT WERE BROUGHT UP, I'D LIKE TO BRING UP AGAIN AND DISCUSS THE, WHAT WE'RE TALKING ABOUT HERE IS THE END HUMANS, UH, AT THE NORTHERN END FOR THE SULFUR GOVE ROAD SHOPPING CENTER, THIS IS A CONNECTION TO WALMARTS AND A LITTLE STRIP CENTER AT THE NORTH END.

THERE IS A EXISTING UNITS WITHIN THAT CENTER.

AND THE REQUEST IS TO ADD A DRIVE-THROUGH LANE ON THAT FAR IN BOARD, PART OF THE BUILDING AND ADD A DRIVE-THROUGH WINDOW, UM, WITH THAT OKAY.

PART OF THEIR DESIGN PLANS, THEY SHOWED WHAT WAS EXISTING.

THERE'S AN EXISTING GREEN SPACE AT THE END CURRENTLY, AND AN EXISTING DRIVE THAT DOES GO BACK TO THAT BACK AREA.

I'LL BACK UP AND SHOW THAT THE EXISTING DRIVE GOES COMPLETELY AROUND THE BUILDING ON ALL SIDES.

THIS

[00:05:01]

WAS SET UP ON THE ORIGINAL APPROVAL, UM, TO HAVE THAT SECONDARY ACCESS AS PART OF EMERGENCY ACCESS.

THAT'S A PART OF THE FIRE CODE FOR A BUILDING OF THIS SIZE TO HAVE, UM, ALL ACCESS FROM, FROM ALL SIDES, THE SOUTHERN AREAS WHERE WALMART HAS THEIR DELIVERIES AND ALL OF THOSE KINDS OF THINGS.

ACTUALLY, ALL DELIVERIES COME IN ON THE SOUTH END, NOTHING COMES IN WITH THE NORTH END, NORTH END, UH, IS OUT SIGNED AS A NO TRUCK TRAFFIC.

SO EVERYTHING IS DONE FROM THE SOUTHERN END, THEIR PROPOSAL, UM, AS YOU COME IN AND THEN ACCESS FROM THE REAR THAT'S SO THAT YOU ACCESS THE, UH, DRIVE-THROUGH LANE FROM YOUR DRIVER'S SIDE.

UM, SO THAT'S THE WAY TO BE ABLE TO YOU UTILIZE THIS END UNIT FOR A DRIVE-THROUGH WINDOW.

THE INTENT HERE IS NOT TO HAVE 15 TO 20 CARS, UM, SOMETHING LIKE A CHICK-FIL-A OR SOMETHING LIKE THAT.

THAT'S NOT THE TENSE OF THIS TYPE OF, UM, USE.

SO HE, THE, UH, APPLICANT INVENTION, THINGS LIKE A PHARMACY, THINGS LIKE A TAX SERVICE, UH, THOSE TYPES OF USES WHERE YOU'RE GOING TO HAVE AN OCCASIONAL USER, UH, PART OF WE'RE SEEING MORE OF THIS TYPE OF DISCUSSION WITH THE WHOLE COVID, UH, TIMES ABOUT HAVING ACCESS TO EITHER WALK UP WINDOWS OR DRIVE UP WINDOWS SO THAT YOU DON'T HAVE AS MANY PEOPLE GOING INTO BUSINESSES.

UM, THERE'S ACTUALLY ANOTHER ONE.

THAT'S, I'M NOT GONNA SAY THIS, BUT THIS TYPE OF IDEA, THAT'S, UH, UH, BEING PREPARED TO COME TO PLANNING COMMISSION AT ANOTHER SITE HERE IN, UM, THE NEXT MONTH OR TWO, UM, THAT THAT SAME REASON IS ISN'T THIS MODELS ARE CHANGING THAT HAVING THAT ACCESS WHERE YOU CAN JUST USE YOUR CAR OR HAVING THAT WALKUP WINDOW.

SO YOU DON'T HAVE THE, INTO YOUR SPACE PICKUP.

UM, BUT YOU STILL COULD, BUT, UH, GIVING YOU MORE OPTIONS, THAT'S THE REQUEST THAT HAS COME THROUGH.

I MEAN, YOU DESCRIBED THE LAST MEETING.

SO WITH THIS, A COUPLE OF THE SHOES THAT WERE IN QUESTION FIRST IS I'LL START WITH THAT.

THE DRIVEWAY ITSELF, IT COMES OUT AND CREATES A TRAFFIC ISSUE AS YOU LEAVE THE BUILDING.

SO AS YOU'RE LEAVING THIS BUILDING YEAH, THERE BY THE AERIAL, IT LOOKS LIKE YOU'RE COMING AT THE END OF THE BUILDING AND YOU CAN'T SEE AROUND IT, THE BUILDINGS, OKAY.

THERE IS A SIDEWALK THERE AND THE PILLARS THERE, THIS IS A PICTURE OF WHAT YOU SEE AS YOU COME.

THIS IS A LITTLE BIT FURTHER AROUND IF YOU CAN'T DRIVE ON THE YET.

UM, BUT, UH, THE BUILDING DOES NOT COME ALL THE WAY OUT TO THE EDGE AND HERE'S A, AS CARS ARE DRIVING THROUGH OTHER CARS DRIVE IN THAT AREA WOULD ALSO SEE, UM, ANY ARE, IS LEAVING THAT FACILITY BACK UP.

UM, ALSO YOU'LL NOTICE THAT IT IS NOT COMING OUT WHERE THERE'S ANY OTHER TRAFFIC THAT THIS POINT WHERE IT'S COMING OUT, THE CONFLICT MOVEMENT OF WHERE, UH, YOU WOULD HAVE ANOTHER CAR THAT YOU WOULD WAIT FOR, ARE SOMEBODY THAT'S GOING TO UTILIZE THIS DRIVE THROUGH ANYBODY THAT'S USING THE REST OF THE FACILITY, USES THE AREAS OUT IN THE PARKING LOT.

NO ONE ELSE DRIVES BACK, UH, AROUND THAT AREA TO GO TO ANY OF THESE SHOPS.

SO IT'S A VERY MINOR, UH, WHERE THERE WILL BE A CONFLICT MOVEMENT BETWEEN A CAR LEAVING THIS FACILITY.

AND SOMEBODY ON THAT ACCESS DRIVE TO THE BACK.

AS I MENTIONED, THAT ACCESS DRIVE IS NOT FOR DELIVERIES.

SO YOU DON'T HAVE THE BOX TRUCKS AND THE SEMIS, AND THOSE KINDS OF THINGS THAT DRIVE THROUGH THAT AREA NEXT IS, AS YOU COME BACK AROUND ABOUT HOW DO YOU MAKE THAT TURN, UM, BECAUSE IT IS TIGHT, UM, TO MAKE A, WE'LL CALL IT A U-TURN AT THE END OF, UH, THAT DRIVE, GO BACK TO THEIR DESIGN.

THEY'RE PULLING THE CURVE BACK TO CREATE A LARGER SPACE AT THE REAR PLUS PULLING THE DRIVE DOWN A LITTLE BIT TO THE SOUTH, UH, UH, JUST LIKE 15, THAT CREATES A LITTLE MORE SPACE.

SO THAT TURN, UM, THE, THE TERM TEMPLATES FOR VEHICLES DOES FIT THERE, UM, THAT YOU CAN DO THAT.

YOU HAVE OTHER OPTIONS TOO, IN THE BACK.

THERE'S A LOT OF ROOM TO MAKE TURNS AND BE ABLE TO GO INTO THAT SPACE, THAT SPACE BACK THERE.

[00:10:01]

UM, ONCE AGAIN, IS UTILIZED FOR, UM, ANY KIND OF, UH, REAR ACCESS, WHETHER IT'S THE, THAT THE TRASH TRUCKS THAT COME OR ANY KIND OF DELIVERIES TO THE BACK OF THOSE BUSINESSES, BUT THEY ALL COME FROM THE SOUTH.

SEE, THIS IS A, UM, STAY A LITTLE MORE CLOSER.

UH, YOU HAVE HOW THAT TERM BROUGHT UP A LITTLE FURTHER AND CREATES MORE PAVEMENT AREA TO BE ABLE TO MAKE IT.

HERE'S JUST A LITTLE CLOSER, JUST, UH, WHERE THAT DRIVE WOULD BE NEXT TO THE BUILDING ITSELF.

THERE'S JUST NO THROUGH TRAFFIC, NO TRUCKS ALLOWED.

AND SO THAT THAT'S THE SIGNAGE OUT THERE IT'S BEEN UP.

THERE WAS LONG.

I CAN REMEMBER THAT, UH, SS DRIVE IS, UH, I THINK IT WAS BROUGHT UP THAT, HEY, WHAT ABOUT THOSE TRUCKS? THEY'RE NOT ALLOWED TO GO THROUGH THERE.

I'M NOT SAYING THEY NEVER DID.

THERE MIGHT BE A TRUCK THAT DOES SUPPOSE TO IT'S POSTED THAT.

SO I BELIEVE THOSE WERE THE ISSUES THAT WERE BROUGHT UP CONCERNS.

I'LL BE HAPPY TO ANSWER AND, UH, SEE IF THERE ARE CONTINUED CONCERNS AND DISCUSSION.

IS THERE ANY QUESTIONS FOR STAFF? I HAD A QUESTION.

SO SCOTT, YOU MENTIONED, UM, AS YOU'RE, AS YOU'RE APPROACHING, YOU KNOW, THEY'RE MAKING THE TURN WIDER AND MOVING THE CURVE UP AND IT'S NOT INTENDED FOR MORE CAR, MORE THAN, YOU KNOW, 15 CARS.

SO IF WE APPROVE A DRIVE THROUGH THERE AND A DRIVE THROUGH LANE, IS IT TRUE OR NOT TRUE THAT THAT COULD SAY IT'S INTENDED NOW FOR A PHARMACY OR, UH, YOU KNOW, A DROP-OFF TAX.

SO IS IT, COULD IT BE, IF WE, IF THIS IS THAT A LARGER FACILITY COULD GO IN THERE OR A HIGHER VOLUME BUSINESS, SUCH AS A DRIVE, YOU KNOW, SUCH AS A FAST FOOD RESTAURANT, WHICH WOULD THEN INCREASE THE TRAFFIC AROUND THAT TO A HIGHER INCREASING AND CAUSE MORE OF A TRAFFIC ISSUE AT THAT POINT, THEY WOULD COME BACK FOR PLANNING COMMISSION TOO.

IT'S SOMETHING THAT CREATES THAT WOULD COME BACK BEFORE PLANNING COMMISSION.

YEAH.

LET'S SAY, UM, AND A BUSY PHARMACY, IF THERE'S 20 PEOPLE THAT WANT TO GO TO THAT PHARMACY, THERE'S NOTHING THAT SAYS THAT LANE THEN, UM, YOU KNOW, JUST AS THERE'S FAST FOOD RESTAURANTS THAT HAVE, UH, AT TIMES BEEN SO BUSY THAT WALK THE STREET STRAIGHT RIGHT AWAY, STAFF FEELS IN A DIFFERENT DISCUSSION.

WHEN YOU TALK ABOUT, UM, APPROVALS AND HOW PUBLIC THIS IS PRIVATE PROPERTY, THIS IS PART OF YOUR BUSINESS MODEL.

IF SOMEBODY HAS A HARD PART-TIME GETTING INTO HERE AND THEN THAT'S THE BUSINESS'S CHOICE OF THEIR MODEL.

OKAY.

WHAT ARE THOSE SIGNS THAT YOU HAVE? IT'S SHOWING THAT THAT'S NOT A SIGN THAT SAYS IT'S NOT A THROUGH WAY.

COULD IT POSSIBLY ALSO, UH, MY CONCERN IS SOMEBODY TRYING TO, YOU KNOW, NOT READ THE SIGN OR NOT.

UM, THEY THINK, OH, I CAN GO OUT THAT WAY AFTER ALL.

I MEAN, YOU COULD HAVE TWO CARS COMING AT THE HEAD WITH EACH OTHER.

COULD THAT POSSIBLY BE MADE INTO A ONE WAY? UM, BUT, UM, ONE, UM, LOOKING AT THE DEMENTIA THAT THAT'S, YOU CAN HAVE TWO CARS PASS, UM, THAT THAT'S YEAH, YEAH, THERE IS.

THAT WAS ANOTHER THING I WAS BROUGHT ON.

LET'S SEE EVENTS WHERE THERE NEEDS TO BE A FIRE AIR THAT IS SITTING IN THAT.

OKAY.

[00:15:18]

LET'S SAY THERE'S 10 CARS MIGHT NOT BE EVICTED.

I'M SORRY.

OKAY.

MY SAME QUESTION.

WE TALKED ABOUT THE TRAFFIC, BUT I MEAN, WHEN YOU'RE COMING OUT AT THAT POINT, EVEN IN A NON-BUSY TIME, THERE IS TRAFFIC DOWN THERE TO THOSE OTHER STORES.

SO YOU'RE CREATING AN EXIT INTO CONVERGING TRAFFIC.

WE ARE WAITING.

I MEAN, I DROVE IT FRIDAY NIGHT AT SIX O'CLOCK AND TO GO BACK THERE AND THAT WHEN I HAD TO WAIT, WHICH IS FINE, BUT I THINK IF WE'RE GOING TO INCREASE IN CONVERGE TRAFFIC, WE'VE GOT TO TALK SIGNAGE ONE WAY, STOP SIGNS, CURBS SOMETHING, BECAUSE IT'S, WHAT'S THE MINIMUM WITH FOUR ROAD FOR TWO LANE TRAFFIC IT'S STANDARD ROAD IS 27 FEET BACK TO BACK.

PRIVATE DRIVES, 20 FEET IS ACCEPTABLE.

COOL.

IS IT 19? BUT, UH, BACK-TO-BACK WHICH IS BACKUP CURB BACKUP CURVE, WHICH IS WHAT THIS IS.

AND WHEN THIS WAS PUT IN THIS MEANT FIRE CODE REQUIREMENTS WERE THERE WHEN IT WAS ORIGINALLY DONE, WERE THERE EVER DISCUSSIONS OF A DRIVE-THROUGH AT THAT POINT? AND WE KNOW OF HMM, NOT TO MY KNOWLEDGE.

AND I'M GOING TO GUESS.

NO, SINCE THEY DESIGNED IT WITH GRASS THERE AND THEN THE W WHAT DID HE SAY ABOUT TRAFFIC? YES.

TRAFFIC COMES IN AND OUT ON THE DRIVE AISLE THAT HAS THE PARKING SPACES, THIS TURNOUT, BUT YOU HAVE ROOM TO TURN OUT INTO THE DRIVE TO STOP BEFORE THAT STRIPED PEDESTRIAN WALKWAY AND STOP.

SO, UM, AS A CONDITION YOU CAN HAVE, UM, TO ADD A STOP SIGN AT THAT POINT, THAT THAT'S A REASONABLE CONDITION.

OKAY.

AND THEN YOU MENTIONED IT'S NOT THE INTENT OF A VOLUME DRIVE THROUGH, BUT WHAT COULD GO IN THERE THEN WITHOUT HAVING TO COME BACK IN MEAN IT, ANYTHING THAT DOES NOT A COMMERCIAL USE THAT DOES NOT MODIFY THE EXTERIOR.

SO THEN THAT GOES, THAT GOES RIGHT BACK TO A RESTAURANT.

IT DOESN'T MODIFY THE EXTERIOR.

WHAT IF THEY DON'T NEED ANY KIND OF ORDERING STATION? OKAY.

CAUSE THAT WOULD TURN IT INTO SOME SIGNAGE TYPE THINGS WHICH COMES BACK TO PLANNING COMMISSION.

SO YOU SAID YOU, UM, THEY'RE, THEY'RE CHANGING THE CURB CUT TO ACCOMMODATE VEHICLES.

HAVE IS IT GOING TO ACCOMMODATE ALL VEHICLES, SIZES, SUCH AS THE LARGE CONVERSION VANS OR THE LARGE TWO 50 TRUCKS THAT ARE THE WIDER WITH THE BIGGER MIRRORS, THE LONGER, YOU KNOW, THE, THE WIDER TURN RADIUS WILL THAT ACCOMMODATE THAT TYPE OF VEHICLE? THE DRIVE-THROUGH IS WIDE ENOUGH FOR ANY PASSENGER VEHICLE.

NOW, IF YOUR QUESTION IS CAN THE LARGEST RV MAKE THE TURN, THEY WOULD HAVE TO MAKE A DIFFERENT TYPE OF TURN BACK IN THE BACK AREA TOO, TO MAKE THAT WORK.

YEAH.

I JUST KNOW, YOU KNOW, A LOT OF THE TRUCKS OUT THERE NOW, AREN'T LIKE YOUR STANDARD PICKUP TRUCK SIZE, THEY HAVE THE WIDER MIRRORS, THE WIDER WITH, UM, YOU KNOW, TO WHERE THERE'S NO, YOU KNOW, TRYING TO FIT THAT INTO A DRIVE-THROUGH WHERE IT'S REALLY ONLY ACCOMMODATED FOR STANDARD F-150 OR WHATEVER INTERIOR WITH OF THAT DRIVE LANE IS 12.75 FEET, WHICH IS PLENTY WITH FOUR LARGE PICKUP TRUCKS.

AND THAT WAS KIND OF, UM, YOU MENTIONED THAT ANY CHANGES TO THE EXTERIOR HAVE TO BECOME BACK TO US.

WHAT ABOUT THE WINDOW THAT THEY'RE GOING TO BE PUTTING IN? WHAT, WHAT ARE WE UP? ARE WE APPROVING OF THAT WINDOW? ARE WE APPROVING THAT CHANGE OR THAT YES, THAT IS PART OF THE REQUEST IS TO

[00:20:01]

ADD THAT A WINDOW TO THE OUTSIDE FOR A DRIVE THROUGH.

UM, FOR EXAMPLE, IF THEY WANTED TO ADD A PATIO OVER THERE THAT WOULD COME FOR PLANNING COMMISSION, NEW DOORS THAT LED TO A PATIO OR SOME OTHER POINT THAT WOULD COME BEFORE PLANNING COMMISSION A SECOND DRIVE-THROUGH WINDOW.

SO LIKE A PAY STATION.

I KNOW THAT WOULD COME BACK FOR PLANK.

SPEAKING OF SPEAKING OF THE WINDOWS, IS THERE A DIMENSION OR A MINIMUM SIZE OR A MAXIMUM SIZE FOR THE WINDOW FOR THE BRADFORD MENTIONED? AND DO WE NEED TO DO THAT? I DO NOT FEEL THAT THERE'S A TO, UM, IT'S JUST A STANDARD DRIVE-THROUGH WINDOW.

UM, THE INTENT IS NOT FULL GLASS SIDE.

UM, I'M SURE THEY WOULD WANT TO DO THE MINIMUM.

THE THAT'S WORKS FOR THE BUSINESS DUE TO COSTS MR. JEFFRIES.

AND ONE LAST ONE, ONE ON THE OTHER, THE, THE ATTORNEY RATE IS ACCOMMODATING ANY NORMAL SIZED, FULL SIZED TRUCK.

I'LL BEG TO DIFFER IF YOU WANT TO DRIVE IT TOGETHER, BUT THE, WHERE WE'RE ASKING FOR THE 14 MINUTES.

SO JUST THAT, THAT'S NOT WHAT I MENTIONED.

I SAID THE, WITH THE, THE DRIVE, AS YOU'RE DRIVING IT FOR A FULL SIZED TRUCK, UH, WOULD ACCOMMODATE THAT.

NOT THAT THE TURNING RADIUS, WHAT A LARGER VEHICLE, THAT'S FINE.

I WOULD HAVE STRUGGLED WITH THAT JOURNEY.

THAT'S FINE.

I HEARD THAT THE TURNING RADIUS, BUT THE, THE 14 AND A HALF FOOT DRIVE-THROUGH LANE, WHERE IS THAT EXTENT? IS THAT EXTENDED OFF THE BACK CORNER OR IS THAT THE EXTENSION LENGTH ALL THE WAY OUT TO THE CURB? JUST SO WE KNOW I'M 14 AND A HALF IS THE MINIMUM.

SO THAT'S FROM THAT CURVE OR THEN COULD LENGTH THAT'S THE WIDTH.

UM, BUT THE BUILDING IS LONGER THAN IT WAS THE WIDTH AND NOT AN EXTENSION OF 14 AND A HALF OFF THE BACK OF IT.

WE WERE TURNING TIGHTER.

SO THAT'S ALL.

AND YEAH, SO THAT, THAT'S THE MINIMUM WITH, FROM AN INTERIOR CURB TO THE EXTERIOR CURB, THE FACE OF THE CURB, NOT THE BACK OF CURB.

SO THERE'S A LITTLE BIT OF SPACE BETWEEN THE CURB AND THE BUILDING.

AND THEN IT DOES WIDEN AT THE BACK AREA THAT IT'S EVEN WIDER BACK IN THE BACK.

AND IT DOES WIDEN THE FRONT AS WELL TO PUT A, UH, ON THE, THE CURRENT RADIUS THOMAS.

SO WHAT, OKAY.

SO IF WE SAY WE VOTE YES.

TONIGHT ON THIS AND WHAT RECOURSE DO WE HAVE, IF ANY, UM, IF THIS IS CREATING A TRAFFIC ISSUE OR TRAFFIC CONCERNS, UM, OR IT'S JUST, IT'S BACKING UP, IT'S NOT WORKING.

DO WE, AS, OR DO YOU AS A CITY HAVE ANY RECOURSE TO GO IN AND MAKE ANY FORCE, ANY KIND OF CHANGES OR ADDITIONAL COMP YOU KNOW, ADDITIONAL, UH, I GUESS TO MAKE SURE THAT, I GUESS WHAT I'M TRYING TO SAY IS TO MAKE SURE THAT IT DOES FLOW CORRECTLY AND WE'RE NOT HAVING ANY KIND OF TRAFFIC CONCERNS OR ACCIDENT CONCERNS WHERE PEOPLE ARE TRYING TO COME OUT OF THERE INTO THE MERGING TRAFFIC, UM, THINGS THE CITY HAS DONE IN THE PAST IN SHOPPING CENTERS.

WE HAVE TALKED WITH THE OWNERS ABOUT SIGNAGE, STOP SIGNS, UM, THOSE KINDS OF THINGS.

WE HAVE WORKED WITH THEM ON FLOW TYPE THINGS IN GENERAL, IT'S GOING TO BE USER AND BUSINESS DRIVEN.

IF THE USER CANNOT GET HERE, AND IT'S A PROBLEM, THEY'RE NOT GOING TO GO HERE AND THAT'S GOING TO HURT THE BUSINESS.

SO THE OWNER IS GOING TO DO WHATEVER IT TAKES TO MAKE THAT BUSINESS DO WELL.

UM, SO WE WILL WORK WITH THEM ON COMING UP WITH SOLUTIONS.

IF PROBLEMS ARISE, MORE QUESTIONS FOR STAFF, SHE'LL OPEN IT UP TO THE PUBLIC.

IS THERE ANYBODY HERE WISHING TO SPEAK FOR THE APPLICANT? I KNOW THE, THE APPLICANT WHO WAS HERE THE OTHER NIGHT IS OUT OF TOWN.

I DID SEND THEM THE LINK, BUT, UM, I, I DIDN'T THINK HE WAS GOING TO BE ABLE TO MAKE IT OKAY.

IS THERE ANYONE ELSE WISHING TO SPEAK ON THE ZONING CASE, CLOSE THE PUBLIC PORTION, ANY OTHER QUESTIONS OR CONCERNS AFTER JEFFREY? IT'S JUST MORE OF A STATEMENT.

I THINK, I MEAN, IF IT WERE TO PASS, I PERSONALLY WOULD STRONGLY RECOMMEND WE MAKE THAT A ONE-WAY ROAD INSTEAD OF A SUGGESTED NO THROUGH TRAFFIC AND A STOP SIGN, OR AT LEAST A STOP SIGN, WHATEVER IS NECESSARY TO MAKE SURE EVERYBODY IS

[00:25:01]

STOPPING, COMING OUT.

AND THEN MISS FARGO, IF THAT WAS ONE WAY, THEN HOW WOULD THEY GET OUT AND HAVE TO GO ALL THE WAY AROUND THE BACKSIDE OF THE BUILDING AND COME OUT? THE OTHER END IS THAT WHAT YOU'RE SUGGESTING WAIT, WOULD FEED IN FROM THIS SIDE, FROM THE FRONT OF THE BUILDING TO GET INTO THE DRIVE-THROUGH, NOBODY WOULD TELL ALL THE OTHER DELIVERY TRUCKS FROM THE BACK THAT THEY HAVE TO GO OUT THE SOUTH END, WHICH IS WHAT SCOTT SAID THEY'RE SUPPOSED TO DO ANYWAY.

BUT HOW DID, HOW DID THE CARS GET OUT? THE CARS WOULD GET OUT FROM THE DRIVE THROUGH, THEY WOULD ENTER THROUGH THE ROW THE ONE WAY ROAD AND GET INTO THE DRIVE-THROUGH LINE AND EXIT OUT THE FRONT OF THE BUILDING, MAKING A U-TURN FOR THEM AND BASICALLY PROPOSING.

BUT THAT ROAD ON THE NORTH END OF THE BUILDING IS A TWO DIRECTION TWO-WAY ROAD RIGHT NOW.

SO TRAFFIC COMING FROM THE BACK, YOU COULD HAVE TRAFFIC COMING INTO THE DRIVE-THROUGH, WHERE THE SIGNS WERE, RIGHT.

AND THEN TRAFFIC COMING OUT FROM THE BACK AT THE SAME TIME, IF WE CHANGED THAT TO WHERE, INSTEAD OF SAYING NO THROUGH TRAFFIC, IF WE MADE IT ONE WAY, TRAFFIC, IT WOULD BE TELLING THE OTHER TRAFFIC, THEN NOT JUST NOT SUGGESTED YOU DON'T COME THROUGH, YOU ARE NOT ALLOWED TO COME THROUGH IS WHAT I WAS SAYING.

SO THE, I THINK THERE'S TWO SEPARATE THINGS.

THE STOP SIGN THING I THINK IS SEPARATE.

AND I THINK A, A DEFINITELY A, A GOOD IDEA TO MAKE SURE THAT THERE ISN'T THAT TERM MOVING, COMING INTO TRAFFIC AND THEN MAKING ANOTHER TURN MOVEMENT.

THE THING ABOUT MAKING SURE TRUCKS AREN'T COMING BACK THIS WAY.

WELL, THERE'S ALREADY SIGNAGE THAT SAYS THAT.

SO ADDITIONAL DIFFERENT SIGNAGE.

I DON'T THINK IT'S GOING TO CHANGE ANYTHING.

IF SOMEBODY'S BREAKING THE RULE OF A SIGN, ADDING AN ADDITIONAL SIGN THAT SAYS SOMETHING A LITTLE BIT DIFFERENT.

I DON'T THINK IT'S GOING TO MATTER.

UM, THE NO THROUGH TRAFFIC, THE INTENSE, UH, I BELIEVE IS, UM, THAT SAME THING AS THAT, UM, IT'S NOT SUPPOSED TO BE THE, THE TOOT WAY MORE SIGNAGE SAYING THE SAME THING JUST IN A DIFFERENT WAY.

UM, I'M NOT SURE HOW THAT HELPS.

UH, I WAS SAYING CHANGING NO THROUGH TO ONE WAY, YOU'RE SAYING SAME THING.

I DON'T KNOW.

MAYBE IT CAN, ONE OF THOSE, UH, UH, RED SLASH SIGNS THAT'S, UH, IN ADDITION TO THAT OR SOMETHING LIKE THAT.

UM, YEAH, THAT'S ADDITIONAL SIGNAGE I THINK IS REASONABLE.

AND WE CAN WORK WITH THE APPLICANT ON MAKING THAT CLEAR THAT, UH, UM, THE INTENT IS THAT CIRCULAR PATTERN TO GO THROUGH THE DRIVE-THROUGH.

UM, SO YEAH, THE DRIVE THROUGH WINDOW IS NOT GOING TO BE ON THE FRONT CORNER OF THE BUILDING, SO THEY WOULD DROP OFF AND THEN PULL FORWARD.

SO I'M TRYING TO THINK OF SOME VERBIAGE FOR THE DECISION RECORD, ADDITIONAL SIGNAGE, UM, TO RESTRICT, UM, WRONG WAY MOVEMENTS AND CALL IT TRAFFIC CONFLICTS.

AND THAT COVERS A STOP SIGN SHALL BE ADDED ALONG THE NORTHERN ACCESS DRIVE PERIOD THERE, OR TO THE SATISFACTION OF THE PLANNING DEPARTMENT.

NO, I UNDERSTAND WHAT'S BEING REQUESTED HERE.

I WAS JUST GOING TO ADD, UM, AT LEAST, WELL, NOT AT LEAST ONCE A WEEK WHEN WE'RE OUT ON PATROL, THAT IS ONE PLACE THAT WE GO IS ALL AROUND WALMART AND THE, AND THE BACKSIDE.

AND I CAN TELL YOU, THERE IS VERY LITTLE TRAFFIC.

WE GO ON DIFFERENT DAYS AND DIFFERENT TIMES, BUT IT GENERALLY IS IN, UH, AFTER FIVE

[00:30:01]

O'CLOCK.

SO WHAT IT IS IN THE DAYTIME, I CAN'T SAY, BUT THERE'S NEVER, EVER ANY ISSUE TRAFFIC ISSUE OF ANY KIND AT THE END OF THAT BUILDING BEHIND IT OR ANYTHING RIGHT NOW JUST DEPENDS ON WHAT GOES IN THERE AS TO WHETHER THERE WILL BE AN ISSUE AND TO ADD MORE SIGNS.

I MEAN, YOU ALREADY HAVE TO, I DON'T KNOW IF THEY'RE GOING TO CHANGE THEM OR WE CAN WORK ON SOMETHING THAT'S MORE CLEAR.

MAYBE IT'S MAYBE REPLACE ONE WITH ANOTHER SO THAT WE'RE NOT ADDING.

UM, AND, AND THIS MAY BE WAY OFF BASE.

SO NOT A FAN OF HIM, BUT WHAT A SPEED BUMP COMING OUT, STOP PEOPLE FROM JUST CHARGING OUT OF THE DRIVE-THROUGH WHAT, YES.

UM, I DON'T RECOMMEND SPEED BUMPS COMING OUT OF A DRIVE OR WHATEVER.

YOU'LL SEE THEM IN SHOPPING CENTERS ALONG LONGER LANES.

UM, THAT BREAKUP LONGER LANES, NOT AT THE END WHERE SOMEBODY'S AT A STOPPING POINT.

LIKE I SAID, I COULD BE, YOU KNOW, I WAS KIND OF THINKING THROUGH MY HEAD ABOUT HOW YOU COULD KIND OF CONTROL THAT YOU'VE GOT THE SIGNAGE, BUT STILL HAVE THAT EXTRA CONTROLLED.

SO NOBODY JUST DARTS OUT IN THE MIDDLE OF SOMEBODY.

WE, THERE THERE'S, THERE'S SOME OTHER AREAS THAT HAVE THIS TYPE OF THING.

UM, ONE IS IN KETTERING ON DOROTHY LANE.

THERE'S ONE OF WALGREENS THERE THAT HAS A DRIVE-THROUGH THAT THE DRIVE-THROUGH COMES OUT TO THE CORNER OF THE BUILDING AND LEADS INTO THE MAIN ACCESS DRIVE.

AND THIS IS WHERE ELDER BERMAN'S USED TO BE.

AND I'VE, UM, LOOKED AT THAT ONE AND THERE HAVE BEEN NO ISSUES THERE, UM, WITH, BECAUSE WHEN YOU LEAVE ONE, YOU'RE COMING FROM A STOPPED POINT AT THAT DRIVE-THROUGH AND I NEED 9% OF PEOPLE ARE CAREFUL BECAUSE THEY DON'T WANT TO GET HITS ANY OTHER QUESTIONS FOR STAFF.

OKAY.

IS THERE A MOTION TO APPROVE THE REQUEST BY THE APPLICANT, PHILLIPS, EDISON AND COMPANY REQUESTING APPROVAL OF A MINOR CHANGE TO THE DETAILED DEVELOPMENT PLAN AT PROPERTY LOCATED AT 77 60 BRAND PIKE ZONING CASE 20 DASH 24 IN ACCORDANCE WITH THE STAFF'S MEMORANDUM DATED SEPTEMBER 23RD, 2020, AND THE PLANNING COMMISSION DECISION RECORD AMENDED PLANNING COMMISSION DECISION RECORD AS WRITTEN MOTION MADE BY MS. THOMAS, IS THERE A SECOND, SECOND BY MISS OFF SECRETARY, WILL YOU PLEASE CALL MS. FARGO? YES.

YES.

MS. THOMAS, YES.

MR. JEFFRIES.

YES.

MR. WALL.

YES.

MOTION PASSES BY THE ZERO.

WHAT'S NEXT FOR THE ADVOCATE.

UH, THE NEXT STEP IS WE'LL WORK ON A SIGNAGE PLAN PRIOR TO, UM, ISSUE IN HIS OWN CERTIFICATE.

GREAT.

THANK YOU.

NEXT ITEM ON THE AGENDA IS UNDER NEW BUSINESS, A MINOR CHANGE.

THE APPLICANT CORRIDOR DEVELOPMENT COMPANY, LLC IS REQUESTING APPROVAL OF A MINOR CHANGE.

MONUMENT SIGN IS SECTION 17 CASE 20 DASH 26.

MR. .

THANK YOU.

SECTION CARES.

TRAILS SECTION 17 CAME BEFORE PLANNING COMMISSION FOR A DETAILED DEVELOPMENT PLAN.

AND THEN ALSO THE FINAL PLAT, UH, CAME, UH, BEFORE AND WAS APPROVED.

THERE IS THE ACCESS POINT OUT ONTO CARRIAGE TRAILS PARKWAY THAT EACH OF THESE, UH, UM, ACCESS POINTS FOR EVERY PORTION OF THE SUBDIVISION HAS THOSE SMALL SIGNS THAT, UH, LABEL, UM, DIFFERENT AREAS, WHETHER IT'S THE, THE ARBORS ANY OF THE LIKE DIFFERENT NEIGHBORHOODS.

SO THE REQUEST IS TO ALLOW FOR A SIGN THAT GOES INTO THIS AREA.

UM, AS YOU SEE, UM, IF YOU REMEMBER, THERE IS A, UM, LITTLE BOULEVARD ENTRANCE WITH AN ISLAND IN THE MIDDLE, UM, THE, UH, THE REQUEST IS TO ALLOW FOR THAT SIGN TO BE WITHIN THAT ISLAND, THAT ISLAND IS IN THE PUBLIC RIGHT OF WAY OUR STANDARD CODE STATES, THAT STRUCTURES ARE NOT TO BE PUT IN THE PUBLIC RIGHT-OF-WAY, UM, THINGS THAT ARE IN THE RIGHT OF WAY WOULD BE POWER POLES, FIRE, HYDRANTS, YOU KNOW, THOSE KINDS OF STRUCTURES.

[00:35:01]

UM, THERE ARE OTHER AREAS OF CARRIAGE TRAILS WHERE YOU DO SEE SIGNS IN ISLANDS IN THE MIDDLE OF THE ROAD, BUT THOSE ARE SEPARATE LOTS.

UM, SO THAT'S WHERE A DIFFERENCE IS AS YOU SEE COMING OFF OF, UM, ULTRA-WIDE PIKE OR BRANT PIKE.

SO IN LOOKING AT THIS REQUEST, UM, PART OF IT IS LOOKING AT WHAT THEY COULD DO FOR SIGNAGE.

UM, SOME OF THE RESTRICTIONS THAT ARE PLACED ARE, UH, ONE OF THE BIG ONES IS THAT, UH, AS YOU SEE THERE, THERE'S A VERY LARGE, UH, DAYTON POWER AND LIGHT EASEMENT THAT GOES THROUGH THERE AND THE, THE POLES AND THE LINES THAT GO THROUGH THERE THAT, UH, RESTRICTS ANY STRUCTURES FROM BEING PLACED, UH, INTO, UH, THAT ITSELF.

UM, SO THEY, UH, DID LOOK AT PUTTING SOMETHING FURTHER BACK BEHIND IT, BUT IT'S NOT VISIBLE FROM THE STREET ITSELF AND I'LL SHOW YOU, I DID, UM, I'LL COME BACK TO THE SITE ITSELF.

UM, BUT I DID, UH, TAKE SOME PICTURES OUT THERE.

THIS IS HEADING EASTBOUND.

UM, AS YOU'RE COMING IN, THERE IS THE TURN LANE THAT'S COMING UP AHEAD.

AND THEN ON THE LEFT IS WHERE THIS IS, THERE IS AN EXISTING, TEMPORARY REAL ESTATE SIGN, RIGHT ABOUT WHERE THIS REQUEST IS, UH, UM, BEING MADE FOR SIGNAGE THAT IS PLACED IN THAT ISLAND.

CURRENTLY, YOU CAN SEE THE, THE, THE RYAN HOMES SIGN, UH, THAT'S ABOUT WHERE, UH, THIS REQUEST IS.

SO THIS IS HEADING FROM EAST, UH, TOWARDS EAST, AND THEN HERE IT IS COMING TO THE WEST.

AS YOU SEE ON THE RIGHT HAND SIDE, THERE IS ALSO, UH, SOME TREES AND GROWTH IN THERE THAT, UH, IS, UH, BEING PROTECTED, UH, THAT THEY DID NOT REMOVE WITH THE DEVELOPMENT.

SO, UH, THAT'S, UH, SOMETHING THAT'S, UH, WOULD BE IN THE WAY, IF YOU COULD PUT IT WITHIN THAT D P AND L EASEMENT.

SO, AND AS YOU GET CLOSER, YOU CAN SEE THAT THE SIGN WILL BE BACK A LITTLE BIT FURTHER FROM WHERE THAT SIGN IS, UM, THAT, THAT IT'S NOT OUT AS CLOSE TO THE ROAD AS THAT ONE.

UM, AND IT ALSO BE SMALLER WHAT YOU HAVE IN YOUR PACKETS.

I WILL BACK UP THE SIGN ITSELF, UM, IS, UH, FIVE FOOT TALL, UM, JUST THREE FOOT, 10 INCHES WIDE, UH, ON THAT, UH, STONE BASE.

SO IT DOES MATCH THE OTHER SIGNAGE THROUGHOUT THE DEVELOPMENT ITSELF.

UM, SO, UM, IF, IF THIS IS APPROVED, I'VE ADDED TO THE, UH, DECISION RECORD, A COUPLE OF CONDITIONS.

ONE OF THOSE CONDITIONS IS THAT THERE'S, UH, THAT IT DOES MEET THE CITY'S CODE FOR LANDSCAPING, THAT THE LANDSCAPE CAN BE PLACED AROUND IT, UH, EQUAL TO AN AREA EQUAL TO THE SIGN FACE, BUT ALSO THAT, THAT LANDSCAPING SHALL NOT EXCEED TWO FEET IN HEIGHT.

UM, BEING IN THE RIGHT OF WAY, WE DON'T WANT ANYTHING TALL THAT WOULD BLOCK ANY KIND OF OTHER VISIBILITY ISSUES.

WE'LL SEE, WE SEE THAT IN SOME SHOPPING CENTERS THAT, UH, WHEN THOSE DECORATIVE GRASSES, AND THEN ALSO THERE ARE SOME BUSINESSES OUT THERE THAT PLANT THINGS THAT GROW UP OVER THERE, SIGN, AND THEN YOU CAN'T SEE WHAT THE BUSINESSES ANYMORE.

SO THOSE ARE THE RESTRICTIONS THAT WE'RE REQUESTING TO ADD TO IT.

UM, THE APPLICANT IS ON LINE, UM, AND I CAN ANSWER QUESTIONS AS WELL.

ANY QUESTIONS FROM STAFF? JUST ONE ON THE LANDSCAPING YOU'RE TALKING ABOUT.

DID WE ACTUALLY END THAT BLVD MEDIA IN THERE? DO WE ACTUALLY HAVE THE ROOM TO PUT THAT MUCH LANDSCAPING, THEIR WITNESS SIGN WITHOUT CROWDING INTO IT? UM, IT WOULD HAVE TO BE MORE LENGTHY, UH, THE LONG WAYS IN YOU COULD.

YES.

OKAY.

I KNOW IT'S A PRETTY NARROW.

YEAH.

ANY OTHER QUESTIONS? EXCUSE ME.

QUESTIONS FOR STAFF.

I MEAN, FOR THE PUBLIC, IS THERE ANYONE WISHING TO SPEAK FOR THE APPLICANT? ALL RIGHT.

I'LL GIVE THIS A TRY.

SO, FIRST OF ALL, I DON'T KNOW HOW MUCH YOU GUYS HAVE USED THE, THIS KEN CONWAY CARRIAGE TRAILS, YOUR ZOOM AUDIO IS IMPOSSIBLE TO FOLLOW.

I'VE BEEN UNABLE TO LIKE, UNDERSTAND YOUR CONVERSATIONS.

UM, INDIVIDUAL WORDS, LIKE IF YOU DO A ROLL CALL OR IF YOU DOING VOTE, YOU CAN UNDERSTAND AN INDIVIDUAL WORD, BUT AS, AS YOU'RE SPEAKING IN SENTENCES, IT'S COMPLETELY GARBLED.

SO IT'S, I'M UNABLE TO FOLLOW, UH, THE CONVERSATION.

UM, I DID HEAR YOU SAY SOMETHING ABOUT LANDSCAPING.

SO I WOULD HAVE A QUESTION JUST, AND I BELIEVE SCOTT, UH, UNDERSTANDS THIS, BUT THIS SIGN'S GOING IN THE IOWA AND CURB TO CURB.

SO IS, IS THERE

[00:40:01]

A PROVISION FOR THE LANDSCAPING TO BE PLACED AT THE SIDES OF THE SIGN IT'S GOING TO BE REQUIRED IF YOU CAN HEAR AND UNDERSTAND ME.

UM, MR. JEFFRIES ASKED A VERY SIMILAR QUESTION AND YES, THIS COULD EXTEND DOWN THE ISLAND FURTHER INTO THE DEVELOPMENT.

OKAY.

UM, I'M I DON'T, I MEAN, SCOTT'S PRESENTATION I ASSUME WAS COMPLETE.

I COULDN'T UNDERSTAND IT THERE, YOU KNOW, WE'RE JUST TRYING TO GET AN IDENTIFICATION SIGN HERE SO THAT IT'S VISIBLE FROM THE PARKWAY.

UH, RYAN'S ALREADY, AS YOU SAW FROM SCOTT'S PICTURE UNDERWAY, BUILDING FOUR HOMES IN HERE, THOUGH, YOU KNOW, WE'D ASK YOU TO, UH, YOU KNOW, DO THIS FAVORABLY THIS EVENING SO WE CAN GET THEM A MONUMENT SIGN OUT THERE INSTEAD OF THAT, THE TEMPORARY REAL ESTATE SIDE, ANY ATTEMPT FOR QUESTIONS FOR THE APPLICANT.

THANK YOU, MR. CALLAWAY.

THANK YOU VERY MUCH.

YEAH.

I WILL SAY FROM A PROCEDURE STANDPOINT, UM, AS A SIGN LIKE THIS IN A STRAIGHT ZONES PARCEL WOULD NOT BE ALLOWED, UM, DUE TO IT BEING IN THE RIGHT AND THE RIGHT OF WAY.

UM, I DID INCLUDE IN THE STAFF REPORT, THE PROVISION THAT IN A PUD PLANNING COMMISSION HAS THE ABILITY TO APPROVE THESE TYPES OF VARIANCES AS PART OF THE PUD.

OKAY.

IS THERE ANYONE ELSE WISHING TO SPEAK ON THIS ZONING CASE, PUBLIC PORTION OF THE SONY CASE? IS THERE ANY OTHER QUESTIONS FOR STAFF HEARING? NONE? IS THERE A MOTION TO APPROVE THE REQUEST BY THE APPLICANT CORRIDOR DEVELOPMENT COMPANY, LLC, AND THE REQUEST FOR APPROVAL OF A MINOR CHANGE FOR SIGNAGE AT THE ENTRANCE TO CARRIE'S TRAILS SECTION 17.

SO IN CASE 20 DASH 26, AND THE PLANNING COMMISSION'S DECISION RECORD ATTACHED TO THERE TO MOVE BY MS. VARGO, IS THERE A SECOND, SECOND BY MR. JEFFREY'S SECRETARY, WILL YOU PLEASE CALL THE ROLL? MS. THOMAS? YES.

MS. VARGA.

YES.

MR. JEFFRIES.

YES.

MR. WALL.

YES.

MOTION PASSES FIVE TO ZERO.

WHAT'S NEXT FOR THE HABIT.

UM, NEXT I WILL EXPLAIN TO MR. CONAWAY THAT IT DID PASS, UH, WHEN HE CAN HEAR, UM, BUT THEY JUST GET A ZONING CERTIFICATES AND PERMIT FOR THE SIGN.

OKAY.

THANK YOU.

NEXT ITEM.

ON OUR NEW BUSINESS, THE FINAL PLAT, THE APPLICANT FIRST CONSTRUCTION IS REQUESTING APPROVAL OF A FINAL PLAT AT 500 OLD DOMINION WAY ZONING CASH.

SO IN CASE 20 DASH 28, MR. BELK HOUSE, THANK YOU.

UM, THIS REQUEST IS FOR FINAL PLAT, UH, WHICH IS CALLED STATE ROUTE TWO 35 INDUSTRIAL PARK.

THIS, UH, WHAT YOU SEE ON THE SCREEN IS A MAP OF THE AREA.

THIS IS AN INTERESTING PARCEL THAT, UH, JUST NORTH OF ON THE EAST SIDE OF THE TWO 35, THERE IS LAND THERE THAT, UH, IS, UH, ONE OWNERSHIP THAT CROSSES OVER JURISDICTIONAL BOUNDARIES.

SO PART OF THIS IS IN THE SEAT OF THE CITY OF HUBER HEIGHTS.

AND PART OF THIS IS IN THE TOWNSHIP AND ALSO CROSSES COUNTY LINES PART MONTGOMERY COUNTY PARK CLARK COUNTY.

UM, THERE IS AN EXISTING JED FOR THIS AREA, JOINTS, ECONOMIC DEVELOPMENT, SOMETHING, UM, THAT, UH, IS SET UP FOR, UM, HOW THIS CAN BE DEVELOPED.

SO, UM, AS THIS IS, UH, THE ZONED , SO A DEVELOPMENT ON THIS PROPERTY, THE DEVELOPMENT ITSELF DOES NOT COME TO PLANNING COMMISSION, BUT THE SPLITTING OF THE LAND IS WHAT'S HERE, UH, TO DO SO.

THIS IS A PART OF THAT FIRST PHASE TO BE ABLE TO DEVELOP THIS LAND.

UM, AND THAT REQUEST IS TO SET UP LOTS AND A NEW STREETS COMING OFF OF TWO 35.

THAT STREETS WILL BE IN THE SAME LOCATION AS ACROSS THE STREET COCA-COLA BOULEVARD.

SO THIS WILL BE, UM, AN EXTENSION AT THAT TRAFFIC SIGNAL.

SO THIS STREET COMES OFF AND THAT THERE WOULD BE FOUR BUILDING LOTS AND A STORM WATER DETENTION LAUNCH SET UP WHAT'S BEING DISCUSSED HERE TONIGHT BASICALLY IS THE CITY

[00:45:01]

OF HUBER HEIGHTS PORTION.

UM, EVEN THOUGH IT ALL GOES TOGETHER, UM, PART OF HOW THIS WORKS AND WE'VE WORKED WITH, UH, UH, THE MONTGOMERY COUNTY BUILDING APARTMENTS AND THE RECORDER'S OFFICE, UH, THERE'S A LOT OF COLLABORATION GOING ON TO MAKE THIS WORK FOR THIS DEVELOPMENT.

AND, UM, BASICALLY WE, WE DO HAVE SOME PARCELS IN THE CITY THAT HAVE SOME CROSSING OF BOUNDARIES, LIKE UP ON PALMER ROAD.

THERE'S SOME RESIDENTIAL HOUSES THAT HAVE THIS, WHERE THERE'S A HOUSE THAT, UH, IS IN ONE JURISDICTION AND THEIR DRIVEWAY AND THEIR FRONT YARD IS IN A COMPLETE DIFFERENT JURISDICTION.

SO IT HAPPENS THERE'S WAYS TO DO IT.

WE WENT THROUGH THE, UH, THE ATTORNEY, THE CITY ATTORNEY TO MAKE SURE THE LANGUAGE IS RIGHT TO, UH, MAKE SURE THAT, UH, THIS IS POSSIBLE.

THEY, UH, HAVE, UH, SUBMITTED FOR REVIEW, UM, BUILDING PLANS FOR DEVELOPMENT, FOR A NEW BUILDING, FOR A, UH, UH, LOGISTICS, UH, BUILDING.

UM, AND SO THE REQUEST IS TO SET UP THESE LOTS, ALL OF THESE LOTS DO MEET THE ZONING DISTRICT FOR, UH, WITH THE BLOT.

UM, THERE WILL BE EASEMENTS SET UP FOR UTILITIES AND ACCESS.

THERE'S AN ACCESS EASEMENT THAT GOES BACK TO THE STORM WATER DETENTION AREA.

UM, AND, UH, THIS IS JUST THAT NEXT STEP TO BE ABLE TO, UH, MOVE FORWARD.

AND THEY'LL SUBMIT FOR BUILDING PERMITS WITH MONTGOMERY COUNTY AND, UH, GET THE GRADING PERMIT THROUGH THE CITY TO START CONSTRUCTION.

SO BE HAPPY TO ANSWER QUESTIONS.

UM, THE, THE FIRST, JUST THE FIRST STEP IS LOT.

NUMBER ONE IS WHERE THAT WILL BE DEVELOPED.

THAT'S THE LARGE LOT ON THE SOUTHERN SIDE.

SO THEY'LL PUT IN THE STREETS AND START ON CONSTRUCTION WITH LOT ONE AND HAVE DEVELOPABLE LOTS ON THE NORTH SIDE.

ANY QUESTIONS FOR STAFF? IT WAS, I KNOW A LOT OF YEARS AGO WHEN WE SET UP THE JAD AND I DON'T RECALL IF ALL JURISDICTIONS MUST APPROVE, HOW, HOW DOES THIS WORK? WILL IT COME TO WHICH PART OF IT IS IN HUBER WILL COME TO OUR PLANNING COMMISSION? OR IS IT A SEPARATE ONE IT'S SO DIE WINE.

SO IT'S JUST STAFF LEVEL REVIEW OF THE DEVELOPMENT ITSELF THAT THEY HAVE THERE, THEY'RE MEETING ALL OF THE ZONING, UM, RESTRICTIONS AND SETBACKS AND THOSE KINDS OF THINGS.

SO THERE IS NO NEED FOR A REZONING TO PLANNED INDUSTRIAL.

THERE'S NO NEED TO GO TO THE BOARD OF ZONING APPEALS FOR ANY VARIANCES.

UH, SO EVERYTHING HERE IS STRAIGHT ZONED.

UM, THERE, THE, THE JURISDICTION LINE IS THE COUNTY LINE, WHICH IS ABOUT HALFWAY THROUGH THAT LOT.

NUMBER ONE, THERE THAT YOU SEE THAT LINE, UM, THERE, THAT THAT'S WHERE THE BREAKING POINT IS.

THE FIRST BUILDING IS COMPLETELY IN HEBREW HEIGHTS.

THE WAY THE JET IS SET UP IS THAT THE CITY OF HUBER HEIGHTS REVIEWS AND FOLLOWS CLARK COUNTY'S RULES FOR THE PART IN THE BACK.

SO IF THERE'S ANOTHER BUILDING, LET'S SAY THAT GOES ON LOT.

NUMBER FOUR, THERE THEY FOLLOW THE CLARK COUNTY ZONING, WHICH IS NOT MUCH DIFFERENT THAN HUMAN RIGHTS.

WHAT IS THE DIFFERENCE BETWEEN THE TWO, UM, SOME THINGS ABOUT LIKE SETBACKS AND IN THIS AREA, SOME OF THE DIFFERENCE WILL BE SOME OF THE BUFFERS, BUT SOME OF THE BUFFERS ARE, IF YOU'RE NEXT TO RESIDENTIAL, THERE'S NO RESIDENTIAL THAT IT'S AGAINST THAT KIND OF THING.

SO THOSE ARE SOME OF THE THINGS AND LIKE THE, UH, THE MINIMUM SETBACKS AND WIDTHS ARE A LITTLE BIT DIFFERENT, BUT NOT ENOUGH THAT RESTRICTS INDUSTRIAL USE HERE, BUT BECAUSE WE'RE TALKING ABOUT BUFFERS AND MAYBE NOUNS OR SETBACKS OR WHATEVER YOU'RE SAYING, IT DOES NOT COME TO PLANNING COMMISSION, CORRECT.

BECAUSE WE HAVE A STRAIGHT ZONES, THE ZONING DISTRICT HAS EVERYTHING SPELLED OUT THAT THEY FOLLOW.

SO THIS IS THE ONLY TIME THAT IT WILL HAVE ANYTHING TO DO WITH THIS.

YES.

SO PLANNING COMMISSION'S ROLE IS TO APPROVE THE PLANTING OF THE LAND.

THAT'S IT.

THANK YOU, MS. THOMAS.

GOOD QUESTION.

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

ANYONE WISHING TO SPEAK FOR THE APPLICANT? UH, I'M LINDSAY BISHOP WITH FIRST CONSTRUCTION.

UH, WE ARE THE GENERAL CONTRACTOR AND DEVELOPER FOR OUR CLIENT OLD DOMINION FREIGHT LINE WHO OWNS THE LAND AND IS PROPOSING THE SUBDIVISION PLAT THAT HAS BEEN PRESENTED TONIGHT.

THANK YOU, SCOTT, FOR THE PRESENTATION.

AND THANKS FOR HAVING ME ONE, ONE MINOR THING.

THIS MAY OR MAY NOT MATTER, SCOTT, THERE HAS BEEN A SLIGHT MODIFICATION.

I THINK WE'VE

[00:50:01]

SENT YOU A MORE RECENT LAYOUT, VERY, VERY SIMILAR.

AND ERIC BOYD IS, UH, OUR LOCAL CIVIL ENGINEER.

HE CAN ALSO, UM, DISCUSS SOME OF THE CHANGES, THE NUMBER OF LOTS OF THE SAME.

IT'S JUST REALLY AFFECTS THAT LOT.

FIVE EXTENDS THE ENTIRE EAST PORTION, UM, STORM DRAINAGE AND GRADING.

UM, AS WE DEVELOPED, THE DESIGN WAS MORE FAVORABLE TO THAT LOT FIVE.

SO WHAT I PUT ON THE POWERPOINT IS AN OLDER VERSION, BUT YES, THE, I HAVE IN FRONT OF ME, WHAT WAS SUBMITTED THAT, UH, EXACTLY WHAT WAS MENTIONED, LOT.

FIVE, IF YOU TAKE THAT LINE THERE AND JUST PUT IT STRAIGHT DOWN.

YEAH.

JUST FULL DISCLOSURE.

WE DIDN'T WANT ANYTHING APPROVED THAT WASN'T.

AND THEN TO ADD TO THAT, THAT LOT FIVE IS INTENDED TO BE A SHARED RETENTION BASIN.

THERE WON'T BE DEVELOPMENT BACK THERE GRADE-WISE AND, AND ALL THOSE PROPERTIES ARE GOING TO NEED SOME STORMWATER STORAGE.

SO THAT LOT FIVE IS NOT A BUILDABLE LOT.

IT'S A PLANNED STORM RETENTION AREA FOR THAT LOT.

UM, OUR CLIENT INTENDS TO KEEP LAW ONE AND LOOK AT POTENTIALLY SELLING THE REMAINING LOTS, TWO, THREE, AND FOUR.

SO, UM, W WITH THAT IN MIND, I WOULD LIKE TO TURN THE TIME OVER TO ERIC WHO IS JOINING US HE'S HE WAS TEXTING ME, HE'S SAYING HE'S HAVING THE SAME PROBLEM FOLLOWING THE DISCUSSION.

SO HE'S RIGHT THERE.

AND, UM, HE ALSO IS DOING OUR CIVIL WORK FOR US AND HANDLING THE SUBMITTALS.

THANK YOU, LINDSEY.

UM, AS, AS LINDSAY MENTIONED, WE, UH, I'M HAVING A HARD TIME, UM, HEARING THE, THE CONVERSATION I'M, I'M STRAINING REALLY HARD TO MAKE SURE I CATCH EVERYTHING, BUT, UH, UM, WE, WE DO HAVE A SLIGHTLY DIFFERENT LAYOUT THAN WHAT'S SHOWN ON THE POWERPOINT.

UM, BUT IN, IN ESSENCE, IT'S BASICALLY THE SAME, UM, PLAN.

AS, AS HERE WE HAVE FIVE LOTS, UM, THE, THE CLIENT WILL BE MAINTAINING LOT ONE TO DEVELOP A, A TRUCKING FACILITY THERE.

AND, UH, THOSE PLANS ARE IN THE WORKS AND, UH, UH, HAVE BEEN REVIEWED BY THE, UH, CITY STAFF, UH, AT THIS POINT.

UM, AND, UH, THE OTHER LOTS WILL BE DEVELOPED AS THEY ARE SOLD OFF.

AND THAT ALLOWS FOR THE MOST FLEXIBILITY AS TO WHAT GOES IN THERE, ANY QUESTIONS FOR THE APPLICANT, AS FAR AS I UNDERSTAND A LOT FIVE THAT CAUGHT MY ATTENTION RIGHT AWAY.

WHEN I LOOKED AT THIS, IT APPEARS TO BE LANDLOCKED, BUT YOU'RE SAYING THAT THAT LINE IS GOING TO GO STRAIGHT DOWN AND THAT WHOLE EAST SECTION WILL BE A STORM WATER RETENTION BASIN A BUILDABLE LOT.

CORRECT.

SO YOU DON'T NEED TO HAVE ACCESS TO IT, CORRECT? YEP.

IT'LL JUST BE A SHARED DETENTION BASIN.

AND JUST TO BE CLEAR, IT DOES NEED ACCESS, BUT IT DOES HAVE ACCESS.

THERE'S AN ACCESS EASEMENT THAT COMES OFF THE END OF THE CALL TO SACK THAT GETS BACK TO THAT LOT SO WE CAN MAINTAIN IT.

SO THAT IT'S CALLED OUT FOR A 25 FOOT ACCESS EASEMENT FROM THE END.

I'LL WALK UP AND POINT IT.

THANK YOU, SCOTT.

YES, RIGHT THERE.

OH, OKAY.

SO, SO YOU, YOU ARE CORRECT THAT WE COULDN'T HAVE ANY LANDLOCKED PARCEL, EVEN IF IT WAS NON BUILDABLE.

UM, BUT IT DOES WITH AN EASEMENT IS ACCEPTABLE AND ANSWERED MY QUESTION.

THANK YOU.

ANY OTHER QUESTIONS FOR THE APPLICANT? THANK YOU VERY MUCH.

THANK YOU.

AND JUST TO BE CLEAR TO THE PLANNING COMMISSION, WE DID RECEIVE THE PROPER DRAWINGS AND THEY ARE REFERENCED IN THE DECISION RECORDS.

SO NOTHING ADDITIONAL NEEDS TO BE DONE TO REFERENCE THE CORRECT DRAWINGS.

OKAY, GREAT.

IS THERE ANYONE ELSE WISHING TO SPEAK ON THIS ZONING CASE AND HEARING NO ONE WILL CLOSE THE PUBLIC PORTION OF THE ZONING CASE.

IS THERE A MOTION TO APPROVE THE REQUEST MADE BY THE APPLICANT FIRST CONSTRUCTION OR A FINAL PLAT FOR STATE GROUT? TWO 35 INDUSTRIAL PARK ZONING CASE 20 DASH 28 IN ACCORDANCE WITH THE RECOMMENDATIONS OF STAFFS IN THE MIRANDA DATED OCTOBER 21ST AND 2020 IN THE PLANNING COMMISSION'S DECISION RECORD ATTACHED TO THERE TO PISS OFF.

IS THERE A SECOND, SECOND BY MR. JEFFREY'S SECRETARY, PLEASE GO.

IT'S THOMAS.

YES.

MS. VARGA.

YES.

MR. JEFFRIES.

YES.

YES.

MR. WALTON, YES.

MOTION PASSES FIVE TO ZERO.

WHAT'S

[00:55:01]

NEXT FOR THE APPLICANT.

UM, THEN THE NEXT STEP ON FOR THIS PLAN WOULD BE TO, UH, GET SIGNATURES, UH, TO BE ABLE TO RECORD, AND THEN THEY'LL GET THEIR BUILDING PERMITS AND START CONSTRUCTION.

GREAT.

THANK YOU.

GOOD LUCK.

WE HAVE NO ADDITIONAL BUSINESS.

NEXT ITEM ON THE AGENDA IS APPROVAL OF MINUTES WITHOUT HEARING ANY OBJECTIONS.

THE PLANNING COMMISSION'S OCTOBER 13TH, 2020 MINUTES WILL BE APPROVED, NO OBJECTIONS.

THEY ARE APPROVED REPORT AND CALENDAR REVIEW, MR. , UM, AT OUR NEXT MEETING.

AND I MIGHT MISS SOMETHING.

I'M TRYING TO REMEMBER EVERYTHING WE HAVE.

WE HAVE, UH, THE LARKSPUR, THE STORAGE FACILITY, THE DETAILED DEVELOPMENT PLAN.

THEY HAVE SUBMITTED, UH, THE, THOSE PLANS, UM, ON THE AGENDA.

WE WERE GOING TO HAVE THE Y WCA, BUT IT LOOKS LIKE THAT'S GOING TO BE PUSHED OFF ONE MEETING, UM, DOWN AT THE MONTGOMERY COUNTY DEVELOPMENT CENTER THERE ON TAYLORSVILLE ROAD THAT CLOSED SEVERAL YEARS AGO.

THE Y WCA IS LOOKING TO DO A, UH, GO IN THERE.

UM, THE USE ITSELF IS NOT CHANGING, BUT AS WE'RE GOING THROUGH TO BE ABLE TO ISSUE THEIR ZONING CERTIFICATE, TO BE ABLE TO UTILIZE THE, UH, FACILITY, CAUSE THEY'RE NOT LOOKING TO MAKE ANY CHANGES, NO ROAD CHANGES, NO BUILDING CHANGES.

UM, BUT OUR ZONING CODE HAS THAT PROPERTY ZONED AS I WON LIGHT INDUSTRIAL.

SO THIS IS A CLEANUP.

UM, SO THIS IS BRINGING IT SO THAT IT'S MEETS THE PROPER, UM, OUR PROPER ZONING CODE BACK YEARS AGO, THERE MAY HAVE BEEN SOMETHING IN THE THAT ALLOWED FOR THAT TYPE OF USE, BUT CURRENTLY IT DOESN'T.

SO THIS WILL COME BEFORE PLANNING COMMISSION TO, UM, GO TO A, UH, PLANS, PUBLIC AND PRIVATE BUILDINGS AND GROUNDS, WHICH IS THE PROPER USE.

AND THEN, UH, THAT RECOMMENDATION FROM CITY PLANNING COMMISSION WOULD GO TO CITY COUNCIL.

UM, IF THEY CHOOSE TO APPROVE MAKING SURE OUR, UH, UH, ZONING MAP MATCHES WHAT'S ACTUALLY BEING DONE ON THE PROPERTY.

UM, THEN ALSO WE HAVE SUBMITTAL FOR, UM, AT THE TWO MEETINGS AGO THAT PRE-APPLICATION CONFERENCE THE, UH, BASIC DEVELOPMENT PLAN, THE MAJOR CHANGE FOR THE CORNER OF BELL FOUNTAIN AND FITCHBURG.

THEY HAVE A SET OF LANDS THAT THEY, THEY WOULD LIKE TO REQUEST TO MOVE FORWARD.

IS THAT IT, THAT WE HAVE SUBMITTED? UM, I THINK THERE'S THERE FINAL.

YEAH.

OH, THE FINAL PLAT FOR THE OATS, THE SECTION NINE.