Dec 21, 2021 Carmel Plan Commission

[A. Call Meeting to Order]

[00:00:05]

>> GOOD EVENING AND WELCOME TO THE DECEMBER 21, 2021 MEETING.

THE FINAL MEETING OF THE YEAR. LET'S ALL RISE FOR THE PLEDGE OF ALLEGIANCE. THANK YOU.

MADAM SECRETARY WILL YOU PLEASE CALL THE ROLE.

TAKE

>> THANK YOU WE HAVE SEVEN OF NINE MEMBERS PRESENT AND THAT CONSTITUTES A QUORUM. FOR CLARIFICATION, COMMISSIONER KIRSCH IS PARTICIPATING REMOTELY UNDER THE EMERGENCY RULES AND

[E. Approval of Minutes]

APPROVAL OF MINUTES FROM OUR NOVEMBER MEETING.

>> MOVE TO APPROVE. >> ALL IN FAVOR OF THE MINUTES SIGNIFY BY SAYING I AYE. MINUTES ARE ADOPTED AND

[F. Communications, Bills, Expenditures, & Legal Counsel Report]

EXPENDITURES AND LEGAL COUNSEL. >> NOTHING FROM LEGAL.

>> THANK YOU. DO YOU WANT TO INTRODUCE THE

PLAN COMMISSION RESOLUTION? >> AS FAR AS REPORTS GO THERE'S NOTHING FROM LEGAL BUT THERE IS PC -- 12 -- 21 -- 21 -- A CRC RESOLUTION 2021 -- 24 PROPOSES TO AMEND THE ORATORY RESOLUTION" -- DELVE A LITTLE PLAN FOR THE MERCHANTS WHERE ECONOMIC DEVELOPMENT AREA TO NUMBER ONE REMOVING AREA FROM THE MERCHANT SQUARE ALLOCATION AREA MEANT TO DESIGNATE THIS AREA HAS A SEPARATE ALLOCATION AREA TO BE KNOWN AS THE MARKET EAST CARMEL ALLOCATION AREA ABOUT THE MOHAMMED TO THE PLAN.

>> ANOTHER ONE FROM THE COMMISSION THEY HAVE BEEN WORKING WITH THE DEVELOPER TO REDEVELOP THE FORMER GROCERY STORE SITE INTO A MIXED USE DEVELOPMENT.

MERCHANT SQUARE HAS BEEN AN ECONOMIC DEVELOPMENT AREA AND ALLOCATION AREA FOR MANY YEARS. THE COMMISSION IS PROPOSING TO PUT THIS SITE OFF AS ITS OWN ALLOCATION AREA SO IT CAN WORK A DEAL WITH THE DEVELOPER OF THE SITE, AND USE SOME OF THE TAX INCREMENT FROM THEIR NEW PROJECT TO PAY FOR SOME OF THE IMPROVEMENTS. THIS IS THE NORMAL REVIEW BY THE PLAN COMMISSION THAT IS REQUIRED BY STATUTE WHEN REDEVELOPMENT PROPOSED TO AMEND ANY DEVELOPMENT THE PLAN COMMISSION HAS TO SIGN OFF THE PROPOSAL IS CONSISTENT WITH THE PLAN OF DEVELOPMENT FOR THE CITY. IF YOU APPROVE IT WILL GO TO CITY COUNCIL FOR REVIEW AND APPROVAL FROM THEIR.

>> OKAY, THANK YOU BRUCE. >> WE ARE IN SUPPORT OF THIS

REQUEST. >> QUESTIONS OR DISCUSSION FROM

MEMBERS OF THE COMMISSION. >> I JUST HAVE A QUICK QUESTION.

THIS WAS MADE IN 1997 AND 1998, THE ENTIRE MERCHANT SQUARE.

AS THAT JUST GONE AWAY? >> NO, THAT AREA IS STILL THERE.

IT IS STILL THERE BUT THIS WOULD REMOVE THE PARCEL AND CREATE ITS OWN SEPARATE AREA PART IT WOULD GO INTO THE LARGER ECONOMIC

DEVELOPMENT AREA. >> I AM JUST CURIOUS.

>> WOULDN'T THIS ALREADY BE THIS AREA?

>> IT IS. BUT THIS WAY WE CAN TRACK BOTH TO SEPARATE FROM THIS PARCEL SO THAT IT CAN BE DEDICATED FOR THE PROJECT AND NOT BE COMMINGLED WITH THE OTHER AREA.

[00:05:04]

>> ANY OTHER QUESTIONS? IS THERE A MOTION TO ADOPT THE

RESOLUTION. >> SO MOVED.

>> SECOND. >> ALL IN FAVOR OF ADOPTING RESOLUTION PC -- 12 -- 21 -- 21 -- A SIGNIFY BY SAYING AYE.

ANY OPPOSED? IT CARRIES THE RESOLUTION IS ADOPTED. THANK YOU, BRUCE.

FOR THE DEPARTMENT ANY REPORTS OR ANNOUNCEMENTS?

>> YES. WE HAVE A FEW ITEMS, ONE THAT IS NOT LISTED ON HERE. WE NEED A SUSPENSION OF THE RULES FOR PUBLIC NOTICE IN THE PAPER FOR ITEMS 3-5, THIS IS THE PRIMARY PLAN AMENDMENT FOR THE RESERVES AT SPRING MILL.

WHEN THE PETITIONER WENT TO SUBMIT THEIR NOTICE TO THE PAPER, THEY WERE INFORMED THAT THEY HAD MISSED THE DEADLINE EVEN THOUGH THEY HAD NOT MISSED THE DEADLINE AS FAR AS WE KNEW.

BUT THE CARMEL DID NOT TELL US THE DEADLINE CHANGED THREE DAYS PRIOR. SO THEY MISSED THE DEADLINE FOR 21 DAYS NOTICE BUT THEY DIDN'T MAKE THE 14 DAY NOTICE AND THE MINIMUM STATE STATUTE OF TEN DAYS.

ALL OF THE OTHER ITEMS TURNED THEIR NOTICE AND VERY EARLY.

THEY MADE IT BUT THAT ONE DID NOT.

SO WE DO NEED A SUSPENSION OF THE RULES.

>> SO MOVED. >> I WAS GOING TO SAY I WILL TAKE A MOTION OUT THAT WAY IF THERE IS ANYONE IN THE ROOM SPECIFICALLY FOR THAT PETITION IN CASE IT DOES NOT PASS WE CAN LET YOU GO HOME AND ENJOY YOUR EVENING.

WE HAVE A MOTION TO SUSPEND THE RULES FOR PUBLIC NOTICE REGARDING THOSE DOCKETS IS THERE A SECOND? ALL IN FAVOR FOR SUSPENDING THE RULES FOR PUBLIC NOTICE FOR ITEMS 3-4 AND 5 ON THE AGENDA SIGNIFY BY SAYING AYE.

ANY OPPOSED? THE RULES ARE SUSPENDED FOR

THOSE THREE ITEMS. >> THANK YOU VERY MUCH.

AND THEN THE OTHER ITEMS LISTED THERE WE HAVE THE 2022 CALENDAR READY FOR YOUR APPROVAL. THAT WAS PLACED IN FRONT OF YOU AND SENT OUT. ALL OF THE DATES ARE FAIRLY NORMAL. IN DECEMBER FOR NEXT YEAR WE ARE RECOMMENDING TO MOVE THE PLANNING COMMISSION MEETING UP ONE WEEK SO WE AVOID CHRISTMAS WEEK.

AND IF YOU ARE SUSCEPTIBLE TO THAT I THINK WE CAN WORK IT OUT WITH THE DEVELOPERS AND THE COMMITTEES AND THE SUBSEQUENT PUBLIC NOTICE DEADLINE AND DEPARTMENT REPORTS WILL ALL GET MOVED UP AS WELL FOR THAT ONE MONTH.

THAT IS THE ONE CHANGE TO STILL HAVE THE MEETING IN DECEMBER BUT HAVE IT MOVED UP ONE WEEK SO IT IS SOONER.

AND THEN WE HAVE ON THE COMMITTEE DATE WE HAVE FIVE WEEKS IN MARCH, SO WE CAN MOVE THE SPRING BREAK, CARMEL SPRING BREAK MEETING UP ONE WEEK SO THAT TAKES A FIFTH TUESDAY ON MARCH 29. THEN THE WEEK OF WHAT WOULD BE MAY THIRD, IT IS ELECTION DAY SO WE WANT TO MOVE THAT TO THE THURSDAY AFTER SO THERE IS NO CONFLICT.

THE REST OF THE DAYS THAT ARE CHANGED, ARE WORKING AROUND THANKSGIVING AND CHRISTMAS. WE NEED AN APPROVAL ON THAT,

PLEASE. >> IF THERE IS NO DISCUSSION OF THE CALENDAR IS THERE A MOTION TO ADOPT.

>> SECOND. >> THANK YOU CHRISTINE.

ALL IN FAVOR OF THE DRAFT ADOPTING THE DRAFT COUNTER SAY AYE. ANY OPPOSED?

>> WE ARE GOOD TO GO FOR NEXT YEAR.

>> WE WILL POST THAT ON THE WEBSITE AND GET THAT OUT.

THE LAST THING TO MAKE NOTE OF IS THE OUTCOME OF THE PROJECTS AT COMMITTEE. WE HAVE THE COMMERCIAL COMMITTEE THIS MONTH AND THE GUIDEPOST MONTESSORI DAYCARE WAS APPROVED 3-0. THE RESIDENTIAL MEETING WAS CANCELED DUE TO NO ITEMS TO REVIEW.

THAT IS ALL OF THE UPDATES THAT I HAVE.

EVERYTHING IS STILL ON FOR THE ENTIRE AGENDA.

[H. Public Hearings]

THANK YOU. >> THANK YOU.

THAT TAKES US TO THE PUBLIC HEARINGS PORTION OF THE EVENING.

WE HAVE FIVE REPETITIONS ON THE AGENDA FOR PUBLIC HEARINGS THIS EVENING. THE COMMISSION'S RULES FOR PUBLIC HEARING PROVIDE FOR UP TO 50 MINUTES OF TIME FOR THE

[00:10:03]

THEN THERE WILL BE A BLOCK OF TIME OF A MAXIMUM OF 20 MINUTES FROM COMMENTS FROM THE PUBLIC ABOUT THE PETITION.

THEN THEY WILL HAVE 5 MINUTES TO RESPOND AND THEN AT THE COMPLETION OF THE DEPARTMENT REPORT THE PUBLIC HEARING WILL BE CLOSED. WE HAVE A LONG AGENDA THIS EVENING SO WE ASK MEMBERS OF THE PUBLIC WHO WILL BE SPEAKING THIS EVENING TO INDULGE US AND HELP US GET THROUGH A LENGTHY AGENDA BY AVOIDING REPETITION. IF WE HEAR AN IDEA OR A COMMENT ONCE, TRUST ME IT IS DULY NOTED. IT DOES NOT NEED TO BE REPEATED.

IF THERE ARE MEMBERS WHO CAN SPEAK ON BEHALF OF ORGANIZED GROUPS, HOMEOWNERS ASSOCIATIONS THAT IS ALWAYS ENCOURAGED AS WELL. OTHERWISE WE WILL BE DIVIDING THAT BLOCK OF 20 MINUTES INTO THE NUMBER OF SPEAKERS WHO DESIRE TO BE HEARD. BY SPEAKING FOR A GROUP YOU ALLOW MORE TIMES FOR THE SPEAKERS.

WITH THAT SAID THE FIRST PUBLIC HEARING IS DOCKET NUMBER PZ -- 2021 -- 00160CA. THE APPLICANT SEEKS TO AMEND COMMITMENTS ASSOCIATED WITH ORDINANCE Z-611-16 THE SITE IS LOCATED AT THE SOUTHEAST CORNER OF MAIN STREET AND FOURTH AVENUE SOUTHWEST. THE PROPERTIES ARE ZONED R-2 RESIDENCE AND C-TWO MIXED-USE DISTRICT WITHIN THE OLDTOWN

OVERLAY. >> THANK YOU MEMBERS.

I AM THE DIRECTOR OF COMMUNITY SERVICES FOR THE CITY OF CARMEL.

THE CITY IS PROPOSING TO DO JUST WHAT BRAD SAID TERMINATE THE COMMITMENTS THAT WENT WITH THE RESULT BACK IN 2016.

IT IS FOR THESE SEVEN PARCELS BOUNDED BY FOURTH AVENUE SOUTHWEST AND WEST MAIN STREET AND THIRD AVENUE SOUTHWEST.

A MEMBER OF THE PLAN COMMISSION AND MEMBERS TODAY WILL REMEMBER THAT THERE IS A FAIR AMOUNT OF TIME TO GET THE ORIGINAL REZONED APPROVED AND THAT WAS BECAUSE THERE WERE SO MANY MOVING PARTS AT THE TIME AND SO MANY UNKNOWNS.

THAT IS THE LOCATION MAP. OTHER THINGS LIKE CITY CENTER% AND MIDTOWN WERE NOT AS FAR ALONG SO THERE WAS A LOT OF PREDICTABILITY UNPREDICTABILITY WITH THE REZONED.

THE CITY BELIEVES NOW IS THE RIGHT TIME TO REMOVE THE COMMITMENTS AND TIME HAS PASSED WITHOUT THE COMPLETION OR EXECUTION BY THE PROPERTY OWNERS, REMOVING THOSE AND ALLOWING THE C2 TO BE COMPLETED WILL BRING SOME PREDICTABILITY AND AS WE ALWAYS LIKE TO DO WITH THE RESULTS, POSITION THE PROPERTY FOR REDEVELOPMENT. SOME OF THE THINGS DIFFERENT TODAY, OBVIOUSLY THE PROPERTY DEVELOPMENT, THAT WAS PART OF THE REASON. WE DID NOT KNOW WHAT TO EXPECT ON THE EASTERN AVENUE. TODAY WE HAVE A SUCCESSFUL REDEVELOPMENT AND WE HAVE TOWNHOMES GOING FOR OVER $1 MILLION AND NO ONE COULD HAVE PREDICTED THAT.

WE ALSO THINK THAT GIVES AN IDEA OF WHAT CAN HAPPEN ON THIS.

OF THE WE DO NOT ANTICIPATE THE LEVEL OF INTENSITY AS THIS TRANSITIONS TO THE WEST. ANOTHER THING THAT HAS CHANGED THAT WAS AMENDED AFTER THE REZONED TO BUILD PROTECTIONS THAT THE COMMITMENTS PROVIDE INTO THE ACTUAL ZONING ORDINANCE. A MAXIMUM HEIGHT OF 35 FEET ADJACENT TO RESIDENTIAL BUFFERED AND VARIES WITH THE HEIGHT OF THE BUILDING. THOSE ARE BUILT IN WHERE IN ORIGINALLY THERE WASN'T FAT AND THAT BROUGHT CONCERNS TO THE RESIDENT AT THAT TIME. ESSENTIALLY, THAT IS MY PRESENTATION. I WOULD BE HAPPY TO ANSWER ANY HEARING. I WILL LEAVE THIS UP SO IF ANYONE NEEDS IT THEY CAN USE IT TOO.

[00:15:02]

>> THANK YOU. >> CAN I SEE A SHOW OF FANS OF MEMBERS OF THE PUBLIC WHO WOULD LIKE TO SPEAK ON THIS? ONE, TWO, THREE, FOUR, FIVE, SIX.

WE WILL HAVE 3 MINUTES PER SPEAKER.

AND WHOEVER WISHES TO BE FIRST, THE NEXT SPEAKER WOULD TAKE THEIR PLACE IN LINE WHILE THE PERSON AND HAD -- THE PERSON EVENT OF THEM ARE SPEAKING. IF EACH SPEAKER WOULD INTRODUCE THEMSELVES BY NAME AND THE AREA WHERE YOU LIVE.

WE DO NOT NEED ACTUAL STREET ADDRESSES.

YOU CAN PRESS THE BUTTON IN THE MIDDLE AND THE MICROPHONE WILL

LINE UP. >> MY NAME IS KELLY BASKET.

I LIVE DIRECTLY NEXT TO THIS BLOCK THAT WE ARE DISCUSSING AT THE CORNER OF FOURTH AVENUE. I GUESS ONE OF MY CONCERNS ABOUT THIS IS THAT WITH THE C LETTER TO BEING A PARTNERSHIP OF THE DEVELOPER, ANYTHING THAT HAPPENS ON THIS BLOCK ZONED AS A C2 HAVE TO BE APPROVED BY THE CITY. WITH EACH OF THESE CITY PARCELS STILL BEING A SINGLE-FAMILY HOME, STILL BE INDIVIDUALLY OWNED, I DON'T SEE WHY IT ALL HAS TO BE A C TO NOW IN THE BLOCK NEXT TO IT WAS ACQUIRED AND EACH PARCEL WAS ACQUIRED WHEN ALL OF THE PARCELS WERE ACQUIRED AND THAT IS WHEN THE REZONED WAS DONE. THAT WAS PROPER.

IT WAS A GREAT DECISION AND IT IS DOING GREAT.

I DON'T THINK THIS IS A GREAT FIT MOVING FORWARD AS A C2 AS A ONE 100% SINGLE-FAMILY HOME. EACH ONE INDIVIDUALLY OWNED THE SAME AS IT WAS BACK IN 2015 AND THERE IS NO SAFEGUARD, THAT I CAN SEE, THAT WOULD PROTECT THE HOMEOWNERS THAT WANT TO STAY AND THERE ARE SOME. ALTHOUGH, THE PERIMETER BUFFER YARD DOES REQUIRE THE HEIGHT OF THE HOME WILL BE EQUAL TO THE SETBACK, BUT THAT IS EASILY CHANGED WITH VARIANCES WAIVERS AND THINGS LIKE THAT. I DON'T SEE THAT AS A SAFEGUARD.

I GUESS ONE OF MY CONCERNS IS, WHAT WILL THE CITY DO TO ENSURE A HOMEOWNER THAT DOES WANT TO STAY DOES NOT HAVE A DECREASED QUALITY OF LIVING, IF A STRUCTURE IS ABLE TO BE BUILT WITHIN A FEW FEET OF THEIR PROPERTY, THEY WILL EXPERIENCE A DECREASE QUALITY OF LIVING. THAT COULD GIVE A PERSON -- A PUSHED OUT KIND OF FEELING. THAT IS WHAT I DON'T WANT TO SEE. I LIKE THE IDEA OF ACQUIRED PARCELS AND THEN REZONING THAT IS WHAT I WOULD LIKE TO SEE.

>> THANK YOU. WHO IS OUR SECOND SPEAKER CRACKS AGAIN IF THE NEXT SPEAKER WOULD TAKE THEIR PLACE IN LINE THAT WOULD KEEP THINGS MOVING EFFICIENTLY.

>> IM DAVE. -- I AM DAVE I AM AN ADJACENT PROPERTY OWNER ON THE MAP RIGHT OFF OF FOURTH AVENUE.

I AM REPRESENTING TO DATE MYSELF, DARREN WHO LIVES THAT WERE 11 WEST MAIN STREET AND OTHER SPEAKERS.

AT THE END OF THE DAY, I THINK FROM EVERYONE I AM PSEUDO- REPRESENTING, WE ARE CONCERNED ABOUT PROPERTY VALUES, SAFETY, SECURITY, NOTHING OUTSIDE OF ANYTHING LIKE THAT.

WHAT WE ARE LOOKING FOR IN THIS CASE IS A GROUP OF PEOPLE LIKE KELLY WHO JUST SPOKE, THERE ARE INDIVIDUAL HOMES THEY ARE OWNER OCCUPIED TODAY. IF IN MY OPINION IF THESE HOMES LOOKED LIKE SOME OF THE OTHER RECENT DEVELOPMENTS, WE MAY BE LOOKING AT IT AT A DIFFERENT LENS.

LET'S JUST CALL IT LIKE IT IS. WHEN I LOOK AT THIS AND I SAY TO MYSELF, THE FIRST STEP, MAY BE QUESTION FOR MIKE WOULD BE, WHAT

[00:20:03]

I DON'T THINK THE RESIDENTS IF ALL OF THE OTHER SINGLE FAMILY SAINT LET'S SELL ARE OPPOSED TO IT.

IT'S NOT NECESSARILY THE OPPOSITION OF TOWNHOMES BUT THERE IS A MAJOR OPPOSITION AS WELL AS DARREN, MYSELF AND KELLY IT WOULD BE WHY ARE WE PUTTING A PARKING GARAGE UP AGAINST FOURTH AVENUE WHEN THE ELEVATIONS RAISED HERE IS NO WAY YOU CANNOT HAVE LIGHTS THAT DON'T BLARE INTO IT.

JOB SAYING THIS IS HOW WE WANTT- THE PARKING GARAGE IS.

WE WANT THINGS NOBODY WANTS A PARKING GARAGE.

IT HAS BEEN A PRUDENT WAY OF PUTTING PARKING AND EYES LOOK AT IT THE PROBLEM IS, AS I LOOK AT THE PARCELS YOU HAVE ONE PIECE OF PROPERTY THAT LOOKS AS IF IT IS LET ME GIVE YOU AN EXAMPLE.

IT APPEARS TO BE 268 FEET. THE PLAN CALLS FOR A FLIPPED

IMAGE OF ONLY 196 FEET. >> I NEED TO RESPECT THE TIME

LIMIT. >> THANK YOU.

>> THANK YOU IT WILL BE 3 MINUTES PER SPEAKER.

>> I UNDERSTAND. I APPRECIATE YOUR TIME.

THANK YOU VERY MUCH. >> THAT HOME HAS BEEN THERE SINCE 1890. IT IS A HOUSE NOT A HOME.

THE QUESTION WE HAVE IS WHY. WHY IS THIS BEING NOW.

WHAT ARE THE PLANS. THERE MUST BE SOME REASON FOR

CHANGE. >> I REPRESENT CITIZENS FOR RESPONSIBLE ZONING. I AM ADDRESSING THIS FROM A DIFFERENT ANGLE. I HAVE A GREAT CONCERN WHEN COMMITMENTS ARE MADE BY THE CITY AND PEOPLE COUNT ON THE COMMITMENTS ANY CHANGE I HAVE SEEN IT HAPPEN MORE THAN ONCE.

[00:25:03]

IM ALSO LOOKING AT OVER THE LAST COUPLE OF YEARS A SITUATION WHERE WE TALK ABOUT AFFORDABLE HOMES SPIRIT INSTEAD WE ARE OFFERING PEOPLE A LOT OF MONEY TO GET REDEVELOPMENT IN AREAS AND I DON'T KNOW IF THAT IS THE BEST THING AND IT REALLY AFFECTS THE PEOPLE WHO LIVE THERE. IT AFFECTS THE LEVEL OF TRUST.

THE LAST TIME I WENT DOWNTOWN, I WAS REALLY SHOCKED ABOUT THE WAY LOOK. IT WAS CLAUSTROPHOBIC I COULD NOT FIND A PLACE TO PARK AND IT MADE ME NOT WANT TO GO DOWNTOWN AGAIN. I DON'T REPRESENT EVERYONE IN THE ROOM BUT SOMETIMES I THINK TALLER, WHITER, BIGGER MORE EXPENSIVE IS NOT ALWAYS THE BEST.

>> THANK YOU. IS THERE ANYONE ELSE.

>> ALRIGHT SO WE WILL RETURN TO ( INDISCERNIBLE ) FOR ANY

RESPONSES. >> I GUESS MY INITIAL RESPONSE IS THE CITY HAS BEEN CLEAR ON OUR INTENT FOR THIS PART OF DOWNTOWN. AND THE AREAS HAVE ALWAYS BEEN DESIGNATED. THIS HAS BEEN MIXED-USE REDEVELOPMENT AREAS. SO THAT WILL ADDRESS WHY NOW AND WHAT THE PLAN IS. THIS IS A POSITIONING ACTION BY TO THE DEVELOPMENT COMMUNITY SO THE ACCUMULATION OF THE PARCEL CAN OCCUR. OFFERS CAN BE MADE TO THE RESIDENCE. TWO OF THE PARCELS ARE ALREADY ZONED C2. WE HAVE HAD CONVERSATIONS AND WE KNOW WHERE THEY STAND WITH THE EXCEPTION OF THE JUDGE WHO DOESN'T RESPOND TO ANYTHING. WHETHER IT IS A PHONE CALL OR A LETTER. I FEEL LIKE THE AMENDMENTS TO THE C2 ORDINANCE BRINGS THE SAFEGUARDS TO BETH MYERS PROPERTY IN GENERAL BECAUSE WE KNOW BETH HASN'T BEEN INTERESTED AND I SPOKE TO HER LAST WEEK TO ADDRESS HER QUESTIONS AND GENERALLY SPEAKING I THINK SHE UNDERSTANDS THE CITY'S INTENT.

THE PROTECTIONSF THE SETBACKS GAVE HER A LOT MORE COMFORT, ALSO REALIZING VARIANCES CAN BE OBTAINED AT THE SAME TIME IF VARIANTS ARE PROPOSED IT WOULD HAVE TO BE FOR A GOOD REASON.

MORE THAN LIKELY THERE WILL BE CONDITIONS THAT WILL ADD MORE PREDICTABILITY AND COMFORT TO THE RESIDENCE WHO MAY LIVE ADJACENT TO THE PROJECT WHENEVER THAT OCCURS.

WE DO ANTICIPATE SOMETHING LIKE THAT COULD HAPPEN, BUT I DON'T THINK ANYONE REALIZED WHAT OCCURRED ON THE PROPERTY TO THE EAST IS WHAT HAPPENED. BUT THAT HAS OFTEN BEEN THE CASE WITH THE REDEVELOPMENT DOWNTOWN. THE LAND AND THE POSSIBILITY HAS

[00:30:07]

WE ARE NOT TRYING TO HIDE OUR ACTIONS IT IS TRANSPARENT.

WE CAN SEND THIS TO COMMITTEE, MY HOPE WAS THAT THIS WOULD BE AN EASY ENOUGH OR SIMPLE ENOUGH REQUESTS THAT WE COULD APPROVE IT AND SEND IT HOME TONIGHT BUT THERE'S NO HURRY AND WE COULD CONTINUE TO DISCUSS IT SO THAT ULTIMATELY EVERYONE CAN FEEL

COMFORTABLE WITH IT. >> I HAVE NOTHING FURTHER TO

ADD. >> WITH THAT WE WILL CLOSE THE PUBLIC HEARING AT 6:33 P.M. DISCUSSION QUESTIONS FROM MEMBERS OF THE PLANNING COMMISSION?

>> DO YOU HAVE A PLAN OR THOUGHT, AS I HEAR THE DISCUSSION AND THERE ARE A FEW PARCELS NOT INTERESTED IN BEING% ACQUIRED, I WOULD BE CURIOUS TO SEE WHAT THE PLAN WOULD BE IF YOU ACQUIRED THIS ENSURING -- TYPICALLY, HISTORICALLY WHEN WE TURN SOMETHING OVER 2C2 THIS DOES NOT SOUND LIKE ALL OF THE PARCELS HAVE BEEN SECURED. IF YOU HAVE MORE INFORMATION ON WHAT MAY BE PLANT ANYTHING WOULD BE HELPFUL.

>> I REALLY DON'T HAVE ANY DETAILS AT THIS TIME.

REDEVELOPMENT IS NOT EASY. THE NEXT THING YOU KNOW, ALL OF THE PARCELS HAVE BEEN ACQUIRED. IF THIS IS READY TO REDEVELOP AND WE THINK IT IS GETTING CLOSE, THE ACQUISITION OF ALL OF THOSE IS A REAL POSSIBILITY. IF THERE IS ONE RESIDENT THAT DECIDES TO SAY THAT MAY PREVENT THE REDEVELOPMENT AND PEOPLE CAN CONTINUE TO LIVE AND EXIST THE WAY THEY DO TODAY.

I DON'T DO THE REDEVELOPMENT. I JUST GET IT TEED UP.

>> I AM UNCOMFORTABLE IF THERE'S SOMEONE ON THE BLOCK THAT IS NOT INTERESTED. THERE ARE OTHER THINGS WE WANT TO SEE. WE WANT TO SEE THE GARAGE SPELL OUT THE WAY THE OTHER GARAGE DOES WE DON'T -- HE WAS STILL THE COMMITMENTS TO THE LANDSCAPING.

I WOULD PROBABLY LIKE TO SEE THIS GO TO COMMITTEE.

>> WHAT ARE PART OF THE VARIANCES ON THEIR OWN.

[00:35:11]

>> EVEN THE COMMITMENTS MADE IT MORE DIFFICULT.

FROM THE CORNER LOT THEY DECIDED TO BUY THIS LOT RIGHT HERE.

AND INTERESTED IN THE POSSIBILITY -- MY UNDERSTANDING IS AN MY UNDERSTANDING IS SHE WAS INTERESTED IN SELLING FOR THE RIGHT AMOUNT. THERE WAS A MOMENT WHERE SHE THOUGHT SHE WAS UNDERVALUED AND I CHECKED THE PROPERTY VALUE AND SHE STILL OWNS IT. SHE MAY BE HERE THIS EVENING TOO. I DIDN'T SEE HER.

SHE IS INTERESTED IN SELLING FOR THE RIGHT AMOUNT.

>> WE WON'T LEAVE BETH THERE, CORRECT? WE CANNOT LEAVE ONE HOUSE THERE AND BUILD AROUND IT, OR CAN WE? IS THIS SOMETHING THAT COULD FEASIBLY HAPPEN IF EVERYONE

SELLS IN ONE HOMEOWNER DOES NOT? >> IT IS CONCEIVABLE.

I WAS WONDERING IN CASE THAT HAPPENED, THAT IS A CONCERN.

>> IF THE BLOCK IS C2 HOW THE NONCONFORMING USE ALLOWS SINGLE-FAMILY RESIDENCE TO REMAIN AS ILLEGAL USE GOING

FORWARD. >> THE QUESTION ABOUT COMMERCIAL TAXATION CAME UP TOO. AND WITH MRS. MYERS IF THAT IS HER PRIMARY RESIDENCE. ITEMS TWO AND TO BE, IT SEEMS AS THOUGH THEY WOULD BE APPROPIATE GOING FORWARD, SO WHETHER THAT IS FOOD FOR THOUGHT FOR THE DEPARTMENT OR THE COMMITTEE, THAT WOULD BE MY 2 CENTS. THAT WAS SUCCESSFUL TO THE EAST.

>> IS THERE ANY FURTHER DISCUSSION THIS EVENING?

>> IS THERE A MOTION TO THIS CHURCH COMMITTEE?

>> SECOND. TO THE COMMERCIAL COMMITTEE.

VERY WELL. ALL IN FAVOR OF SENDING THIS TO THE COMMERCIAL COMMITTEE SIGNIFIED BY SAYING AYE.

ANY OPPOSED? THIS WILL GO TO THE COMMERCIAL COMMITTEE MEETING WHICH MEETS ON JANUARY 4I BELIEVE.

[00:40:01]

>> THANK YOU. >> THE NEXT ITEM ON THE AGENDA IS DOCKET NUMBER PZ2021 -- ZERO ONE 95DP/A DLS MATRIARCH BIRTH CENTER. THE APPLICANT SEEKS A SITE PLAN AND DESIGN APPROVAL FOR A NEW MEDICAL HEALTH CENTER TO BE LOCATED SOUTH OF THE EXISTING BUILDING AT 520 NORTH RANGE LINE ROAD IT WILL BE A TWO-STORY 7,000 SQUARE-FOOT BUILDING.

THE OVERALL PARCEL SIZE IS 5 ACRES AND 23 PARKING SPACE WILL BE PROVIDED. THE SITE IS LOCATED AT 510 NORTH RANGE LINE ROAD. IT IS ZONED B/FIVE BUSINESS AND IS LOCATED IN THE OLD TOWN OVERLAY.

YOU HAVE THE FLOOR. >> I WAS GOING TO ASK IF

JENNIFER CAN HELP THEM OUT. >> GOOD EVENING.

I AM ONE OF THE OWNERS OF THE MATRIARCH BIRTH CENTER.

I'M HERE TO TELL YOU ABOUT THE CENTER.

I WANT TO INTRODUCE THE TEAM WHO WILL BE PRESENTING WITH ME.

THIS IS THE ARCHITECT WHO HAS DESIGNED THE BUILDING WITH THE SPIRIT BEFORE I TELL YOU ABOUT MATRIARCH I SHOULD DEFINE A BIRTH CENTER. HERE IT IS.

A FREESTANDING BIRTH CENTER IS AN OUT OF BIRTH CENTER PROVIDED BY CERTIFIED NURSES AND MIDWIVES.

WE WILL BE AN ACCREDITED HEALTHCARE FACILITY LICENSED BY THE STATE AND BIRTH CENTERS ARE AMBULATORY CARE FACILITIES.

THIS MEANS WOMEN GO HOME A FEW HOURS AFTER BIRTH VERSUS A MULTI- NIGHT STATE AT EIGHT -- STAY AT A HOSPITAL.

MATRIARCH'S MISSION IS TO MAKE WOMEN FEEL PROTECTED AND EMPOWERED KEEPING THEM AT THE CENTER OF DECISION-MAKING.

FOR OUR LOGO, WE CHOSE THE IMAGE OF ELEPHANTS AND THE NAME MATRIARCH FOR SYMBOLIC REASONS. THE MATRIARCH OF AN ELEPHANT ARTIST LEADER AND THEY CIRCLE AROUND HER TO PROTECT HER FROM PREDATORS AND HELP THE BABY ON THEIR FEET.

THEY ARE THE MIDWIVES OF THE ELEPHANT -- ANIMAL KINGDOM.

I NOW WANT TO INTRODUCE YOU TO THE MATRIARCH TEAM THE COFOUNDERS AND OWNERS. MYSELF JENNIFER MARKETING AND CLIENT COORDINATOR. RANDY HAS BEEN A DULA FOR OVER TEN YEARS. WE BOTH AT OUR BABIES AT THE SAME BIRTH CENTER AND WE REALIZED CARAMEL NEEDS A PERSON OR. OUR PARTNERS AND COFOUNDERS ARE LAURA SHE'S HERE WITH US. TOGETHER THEY OWN FOR BIRTH CENTERS AND THIS WILL BE THERE FOR THE.

LAURA IS AN ADMINISTRATOR AND DOCTOR HE'S A BEAUTIFUL -- BOARD-CERTIFIED OBSTETRICIAN. THE MATRIARCH HAS PARTNERED WITH A LOCAL PHYSICIAN WHO WILL TAKE CARE OF OUR HIGH RISK PATIENTS AND SERVE AS AN ON-CALL DR. WHEN A PATIENT NEEDS TRANSFERENCE TO THE HOSPITAL AFTER THEIR BIRTH. WHY DOES CARAMEL BENEFIT FROM A BIRTH CENTER. IT WILL ATTRACT PEOPLE FROM A TWO HOUR DRIVING RADIUS. THIS IS GREAT FOR OUR DOWNTOWN RESTAURANTS IN THE ECONOMY. MATRIARCH WILL BE THE ONLY BIRTH

[00:45:03]

THERE SHOULD BE MORE OPTIONS FOR WOMEN TO CHOOSE FROM.

WE WILL PROVIDE A BOUTIQUE EXPERIENCE LOWER THE NUMBER OF CESAREAN SURGERIES AND THE SAME QUALITY CARE OF A HOSPITAL BUT LOWER COSTS. THIS IS A SHORT DESCRIPTION OF WHAT A BIRTH CENTER DOESN'T DOES NOT DO.

WE TREAT LOW RISK WOMEN AND 84% ARE CONSIDERED LOW RISK.

WE PROVIDE WATER BIRTH, EMERGENCY EQUIPMENT, LIKE MEDICATIONS, OXYGEN AND IV FLUIDS AND THEY DO NOT TREAT HIGH RISK WOMEN, PERFORM SURGERIES, OFFER EPIDURALS OR ANESTHESIA AND WE DO NOT TERMINATE PREGNANCIES.

FINALLY, BIRTH CENTER SATISFIES THE HEALTHCARE WHICH IS IMPROVING THE EXPERIENCE OF CARE AND THE HEALTH OF POPULATIONS AND REDUCING COSTS. THANK YOU.

>> THE NEXT PORTION IS BY JUSTIN.

>> GOOD EVENING. OLD TOWN WOULD SERVE AS THE DEVELOPER OF THE PROJECT. THIS PROPERTY IS ON NORTH RANGE ROAD. SO WE HAVE APPROXIMATELY HALF OF AN ACRE HERE I THINK YOU ARE ALL FAMILIAR WITH THE EXPERIENCE WITH A LOT OF BUSINESS USE. THIS IS AN AERIAL SITE PLAN THAT WE CAN TALK FURTHER ABOUT WHEN THE QUESTION ARISES.

BUT WE WILL HAVE A SURFACE PARKING LOT BEHIND THE NEW STRUCTURE THAT WILL BE THERE. OFFERING APPROXIMATELY 21 SPACES THAT MEETS THE REQUIREMENTS OF THE OVERLAY REQUIRED FOR PARKING. THERE IS A NOTE THERE IS AN EXISTING STRUCTURE THAT IS SHOWN ON THEIR.

THIS WOULD PROBABLY BE ANOTHER FILING THAT WE BRING BACK TO YOU IN THE FUTURE. I WILL WALK THROUGH THE PLANS FOR THE STRUCTURE. AS A REMINDER THIS IS AN ARCHITECTURAL REVIEW AND NOT -- WE THOUGHT IT WAS IMPORTANT TO SHARE WHAT A BIRTH CENTER IS AN OF THE PROPERTY WILL BE USED.

THIS IS SERVICE RELATED. THIS IS THE MAIN LEVEL.

AT THE BOTTOM OF THE SCREEN, IN THE ORANGE, THAT IS THE ENTRY AREA. IT IS REALLY BUILT ARCHITECTURALLY. THE GOAL IS FOR IT TO FEEL LIKE A HOME AND WHEN PEOPLE COME FOR SERVICES.

THIS IS THE GREAT ROOM WELCOMING A FEW OFFICES.

THEN ON THE NORTH SIDE, ON THE TOP OF THE BUILDING ARE THREE BIRTH SUITES. LARGE SUITES THAT ARE ASSESSABLE BY THE HALLWAY. THERE'S REALLY A DISTINCT FIREWALL BETWEEN THE PUBLIC FACING AREA.

THERE ARE SOME SAFETY CONCERNS AND SOME ISSUES WITH THE SEPARATION. AND THE SECOND LEVEL OF THE STRUCTURE IS FOR CLINIC USE. THERE IS A SERIES OF SMALL ROOMS FOR MIDWIVES TO SEE PATIENTS THROUGHOUT THE WEEK.

THEN THERE IS A LARGE EDUCATION FACILITY AND TEACHING AREA.

THEY WILL OFFER CLASSES ON SITE FOR SUPPORT SERVICES.

THE LEVELS WILL BE SERVICED BY AN ELEVATOR.

THEY WILL HAVE A STAIRCASE AS WELL.

ARCHITECTURALLY THESE ARE THE FAÇADES THAT FACE THE STREET FRONT SPIRIT THE TOP IMAGE FACES RANGE LINE ROAD.

THE BOTTOM IMAGE IS ON FIFTH STREET.

WE FELT LIKE IT WAS IMPORTANT TO EMBRACE THE CORNER AND HAVE A WRAPAROUND PORCH. AND HERE ARE THE NORTH AND WEST

[00:50:01]

THIS FACES THE NORTH AND THIS IS ADJACENT.

WITH THAT, THIS IS A VIDEO. >> THE OWNERS OF THE BUILDING KNOW THIS NEIGHBORHOOD VERY WELL.

THEY ARE EXCITED TO BRING THE AMENITIES.

THEY WANTED TO BRING A BUILDING THAT FELT RESIDENTIAL IN NATURE BUT HAD A MODERN AESTHETIC. WE ACHIEVE THIS BY HIGHLIGHTING THE SIMPLE FORMS THAT MATCH THE ADDITIONAL AESTHETIC.

AND PUT THAT IN WITH A COLOR PALETTE.

THIS IS A VIDEO. YOU CAN SEE THE NORTH IN, THIS IS ON THE NORTH SIDE OF THE BUILDING.

THIS IS A FEELING OF SECURITY AND IMPORTANCE.

FACING RANGE LINE, THIS IS A WRAPAROUND PORCH THERE IS A FRONT DOOR. ALTHOUGH THIS IS NOT INTENDED THIS IS LOCATED TO FIT WITH THE RESIDENTIAL NEIGHBORHOOD.

>> THIS IS A LOCAL CUT INTO METAL AND IT WILL BE ILLUMINATED WITH LIGHTNING. THIS CONTINUES AROUND FIFTH STREET. THE SOUTHERN FACING PORCH WILL BE USED BY FAMILIES AS THEY WAIT.

I APOLOGIZE. AS WE MOVE AROUND TO THE SIDE, THE PORCH CONTINUES AROUND THE SOUTH SIDE ALONG WITH STREET WE THEN COME TO THE MAIN ENTRANCE. THERE IS ALSO A SMALL ENTRY SIGN WITH THE SAME AESTHETIC. THIS WILL BE USED FOR FAMILIES, PEOPLE ATTENDING CLASS AND PATIENT EXAMS. THE BIRTHING PATIENTS WILL USE THIS SEPARATE ENTRANCE THAT YOU

WILL SEE AS WE TURN THE CORNER. >> ALL OF THE ENTRANCES HAVE ADA RAMPS FOR EASE OF ENTRY. THIS WILL HAVE CABLE RAILING.

THE MAIN BODY OF THE BUILDING WILL BE SIDING.

THE TRIM IS A SIMPLE GRAY. AND THIS ACCIDENT.

OVERALL I BELIEVE WE CAN CREATE A VERNACULAR THAT MEETS THE CLIENT'S NEEDS AND FITS INTO THE CHARACTER OF THE NEIGHBORHOOD.

NOT ONLY WILL THIS BRING A GREAT SERVICE TO THE AREA BUT ADD TO THE CHARACTER OF THE NEIGHBORHOOD.

THANK YOU FOR YOUR TIME. >> THEY COVERED THIS AS FAR AS THE MATERIAL SPIRIT WE ARE PROPOSING TO HAVE TWO SIGNS ONE ALONG THE RANGE LINE AND THE CORNER.

>> I THINK WE HAVE SOME COMMENTS TO ADDRESS BUT THE LANDSCAPE BEDS. THERE'S MORE LAWN AROUND THE EXISTING BUILDING. THE NEW CONSTRUCTION FRONT IS

[00:55:04]

QUESTIONS. >> THIS IS A PUBLIC HEARING THAT SEE A SHOW OF HANDS ANYONE WHO WISHES TO SPEAK ON THIS PETITION. I SEE NONE.

WE WILL FORGO THE PETITIONER'S RESPONSE AND GO STRAIGHT TO THE

DEPARTMENT REPORT. >> FOR THE RECORD, THE PLANNER WITH DEPARTMENT COMMUNITY SERVICES.

THE PETITIONER SEEKS TO CONSTRUCT A NEW MEDICAL FACILITY THAT WILL BE TWO STORIES THOUGHT AND SITUATED AT RANGE LINE AND FIFTH STREET. IT WILL BE BUILT ADJACENT TO RANGE LINE WHICH IS CONSIDERED A CONTRIBUTED BUILDING OF SOCIAL HISTORY SIGNIFICANCE ON THE ARCHITECTURAL SURVEY.

THEY DO PLAN TO UTILIZE 520 AS PART OF THE BUSINESS AND WILL KEEP THE HISTORICAL CHARACTER OF THAT BUILDING.

THE DESIGN OF THE NEW PROPOSED BUILDING IS RESIDENTIAL IN SCALE AS WE HAVE SEEN WITH A LARGE WRAPAROUND PORCH.

AND WE WERE AVENUE SIDEWALK INSTALLED ALONG FOR STREET WHICH CURRENTLY DOESN'T HAVE A SIDEWALK.

PARKING WILL BE ON THE WEST SIDE WITH 22 SPACES PROVIDED.

FOURTEEN SPACES REQUIRED FOR A BUILDING THIS SIZE AND THE OVERLAY THOSE ALLOW FOR A 50% REDUCTION IN PARKING.

WE ARE STILL WORKING THROUGH SOME WRITING -- ITEMS WITH THE PETITIONER. WITH THE LIGHTING AND LANDSCAPING DETAILS. WE ALSO NEED A SMALL ADJUSTMENT FOR THE PARKING LOT TO MEET THE DRIVE OUT REQUIREMENT BUT I AM CONFIDENT WE CAN WORK THAT OUT. WE RECOMMEND SENDING THIS TO THE COMMERCIAL COMMITTEE MEETING ON TUESDAY JANUARY 4 AND ALLOWING THE COMMITTEE TO HAVE FINAL VOTING AUTHORITY.

>> THANK YOU THAT CLOSES THE PUBLIC HEARING AT 6:58 P.M.

DISCUSSION FROM THE COMMISSION? >> THE ONLY THING I WOULD LIKE TO SEE IS MAKING IT LOOK MORE -- FOR EXAMPLE THE COLUMNS ARE OVERPOWERING. A FEW THINGS LIKE THAT WILL MAKE

IT MORE RESIDENTIAL. >> I LOVE THE CONCEP.

I LOOK FORWARD TO SEE IN IT AND I MAKE A RECOMMENDATION FOR

FINAL APPROVAL. >> SECOND.

>> I DO HAVE ONE QUICK COMMENT. >> MY SON WAS BORN IN OUR LIVING ROOM AND PEOPLE LOOKED AT ME LIKE I HAD HORNS GROWING OUT OF MY HEAD. IT IS NICE TO SEE WE HAVE A SAFE OPTION FOR OUR COMMUNITY. I THINK IT IS BEAUTIFUL.

I THINK IT IS AMAZING HOW IT LOOKS.

I AM DISAPPOINTED MR. MOFFETT DID NOT ADD A GREEN ROOF TO THE PORCH BUT I WILL NOT HOLD IT AGAINST HIM.

OTHER THAN THAT I DIDN'T HAVE ANY OTHER COMMENTS.

>> LET ME ASK THE DEPARTMENT. WE POTENTIALLY HAVE FOUR ITEMS GOING TO THE COMMITTEE ENTERED INTO THE RESIDENTIAL COMMITTEE.

DOES IT MAKE SENSE TO SEND THIS BECAUSE OF THE CONTEXT?

A STRONG PREFERENCE? >> IF YOU WOULD LIKE TO (

INDISCERNIBLE ). >> HOW DOES THE COMMITTEE FEEL?

>> YOU CARE TO AMEND YOUR MOTION?

[01:00:04]

>> I THOUGHT ABOUT IT. ALL IN FAVOR OF SENDING THIS TO THE RESIDENTIAL COMMITTEE FOR FINAL APPROVAL SAY AYE.

ANY OPPOSED? IT WILL GO TO THE RESIDENTIAL COMMITTEE MEETING ON JANUARY 4. THANK YOU FOR YOUR TIME TONIGHT.

>> MOVING AND LONG TO THE THREE DOCKETS FOR A PROJECT WHICH RESUSPENDED OUR RULES OF NOTICE THIS EVENING.

THEY ARE RESERVE AT SPRINGVILLE, REPLIED AND VARIANCE OF 2.06 WHICH REQUIRED A MINIMUM OF 35-FOOT FRONT YARD SETBACK WITH 22 FEET REQUESTED AND DOCKET PZ2021 -- 227V WHICH REQUIRES A 10-FOOT MINIMUM SIDE SETBACK AND A 25-FOOT MINIMUM AGGREGATE WHERE THE OTHER AGGREGATES HAVE BEEN PROPOSED.

THEY APPROVE TO RECONFIGURE TWO LOTS INTO SIX LOTS ON 2.7 ACRES.

THE SITE IS LOCATED AT 340 SANNER COURT AND IS ZONED S-2 RESIDENCE. FILED BY DEWAYNE ON BEHALF OF

STEVE PITTMAN, THE OWNER. >> GOOD EVENING MY NAME STEVE PITTMAN I RESIDED CENTER COURT. ON THE ACTUAL STREET WE ARE TALKING ABOUT TONIGHT. WITH ME TONIGHT IS DEWAYNE AND PART OF MY TEAM OF WEDGEWOOD HOME SPIRIT THE FIRST EXHIBIT I HAVE IS AN AERIAL EXHIBIT WHICH SHOWS THE ENTIRE NEIGHBORHOOD.

THIS HAPPENED TO BE THE FIRST NEIGHBORHOOD I DEVELOPED WHEN I STARTED MY OWN COMPANY IN THE MID- 90S.

WE DEVELOP THIS SECTION THEY HAD THEIR OWN HOMEOWNERS ASSOCIATION. JOHN MCKENZIE WAS THE BUILDER OF THE MAJORITY OF THE HOMES. THE PROJECT I'M PROPOSING WILL BE THE BUILDER. GIVE YOU MORE BACKGROUND ON THIS PROPERTY. THIS PROPERTY BELIEVE IT OR NOT, I PUT IT UNDER CONTRACT, A CREDITOR PICKED IT UP.

SOMEONE IN BOSTON OWNS THIS PROPERTY.

THE WAY THE PROPERTY WAS BEING MAINTAINED.

I PUT IT UNDER CONTRACT AND THEY SAID HOMEOWNERS, THEY SUPPORT MY REQUEST TO EXTEND THE HISTORY 35 PEOPLE SOPHISTICATED.

THEY VOTED IN FAVOR OF WHAT I'M PROPOSING SO THIS SHOULD BE A VERY EASY PROCESS FOR YOU ALL. THE AVERAGE LOT SIZE CURRENTLY IS OVER 12,000 SQUARE FEET. THE AVERAGE 85 FEET.

THESE WILL MAKE THEM WON HUNDRED FEET WIDE.

THE AVERAGE LOT SIZE IS 70,499 FEET.

WE ARE MAKING THE LOTS ABOUT 40% LARGER.

I THOUGHT IN THE REPORT THE LOT SIZES ARE SIMILAR AND THEY WILL BE QUITE LARGER. WE WILL TAKE THIS CUL-DE-SAC OUT AND WE WILL EXTEND IT TO CREATE THESE SIX ADDITIONAL LOCKS.

THIS IS ACTUALLY CONSISTENT WITH THE SETBACK LINES.

THIS IS THE SAME. THE OTHER, THE OTHER VARIANCES WHEN WE DEVELOP THIS WE DID IT ON A 0 LOT LINE TYPE NEIGHBORHOOD. WE COULD ACTUALLY PUT THE HOMES ON THE LOT LINE AND HAVE AN AGGREGATE SETBACK OF 10 FEET.

THE STAFF HAS REQUESTED WE DON'T MAKE IT A 0 LOT LINE WE MAKE IT

[01:05:02]

THE LAST VARIANT WE WOULD BE REQUESTING WE ARE EXTENDING THIS CUL-DE-SAC. IT WILL EXTEND BEYOND 600 FEET.

I THINK IT IS 696 FEET. SO WE ARE LONGER THAN THE STANDARD CUL-DE-SAC LINK. I THINK YOU CAN SEE ON THIS EXHIBIT YOU CAN SEE THE EXISTING HOUSES ARE OUT THERE.

THAT CONCLUDES MY PRESENTATION, THANK YOU.

>> THANK YOU STEVE. BECAUSE THE VARIANCE FOR THE

LENGTH OF THE CUL-DE-SAC. >> THE ORIGINAL UNDERSTANDING IS WE WOULD GO AND WORK WITH THE ENGINEERING DEPARTMENT BEEN STRENGTH IN LATER WE HAD TO LEARN WE HAVE TO SUBMIT A SEPARATE VARIANT LEVEL COME LATER.

>> THANK YOU. MEMBERS OF THE PUBLIC WHO WISH TO SPEAK ON THESE THREE PETITIONS.

I SEE NONE WE WILL GO STRAIGHT TO THE DEPARTMENT REPORT.

>> THANK YOU. I AM RACHEL.

THIS IS ONE OF ALEXIUS PROJECTS BUT SHE IS OUT OF TOWN SO I'M COVERING FOR HER AS WE HAVE HEARD THE PETITIONER THIS WILL BE LARGER THAN THE REST OF THE LOTS BUT THEY WILL MATCH THE EXISTING SETBACK OF 22 FEET. AS THEY SAY SETBACK BUT THIS WAS DEVELOPED UNDER THE ORDINANCE OF REDUCED SETBACKS.

THE ORDINANCE WAS REPEALED IN 1994.

BUT TO KEEP WITH THE CHARACTER OF THIS NEIGHBORHOOD THEY ARE REQESTING VARIANCES TO ALLOW THE LOTS TO HAVE THE SAME 22-FOOT FRONT SETBACK AND THE 5-FOOT MINIMUM SETBACK.

THERE'S ALSO A 20-FOOT BUFFER YARD ON THE NORTHERN LOT AND THAT WILL REMAIN. SOME OF THE EXISTING TREES WILL BE REMOVED AND NEW TREES WILL BE PLANTED.

THE URBAN FORCES STILL REVIEWING THE LANDSCAPE PLAN FOR THIS.

AS BRAD TOUCHED ON THE CUL-DE-SAC WILL BE AN ADDITIONAL VARIANCE THAT IS BROUGHT FORWARD FOR THE LENGTH OF THE CUL-DE-SAC IS 96 FEET LONGER THAN WHAT IT ALLOWS FOR THE MAXIMUM IS 600.

THEY FELT THAT APPLICATION TODAY, AND HOPEFULLY WE CAN'T TAG THIS ON TO THE END OF THE PROCESS AND HAVE A PUBLIC HEARING JOINED AS OLD BUSINESS IN JANUARY AS WE HAVE DONE FOR OTHER PROJECTS WHEN SOMETHING LIKE THIS HAPPENS.

WE ARE SUPPORTIVE OF THIS AND RECOMMEND SENDING IT TO THE RESIDENTIAL COMMITTEE ON TUESDAY , JANUARY 4 FOR FURTHER REVIEW AND BRINGING IT BACK FOR A FINAL VOTE AS I WAS MENTIONING TO TY AND THE OTHER VOTE AT THE SAME TIME.

THANK YOU. >> THANK YOU.

THAT CLOSES THE PUBLIC HEARING. IT IS 7:10 P.M.

MR. CUSTER? >> I HAVE A QUESTION WHY IT NEEDS TO GO TO COMMITTEE. IT DOESN'T SEEMED LIKE THERE'S

ANYTHING OUTSTANDING. >> WE CAN ADDRESS THAT IN THE

>> I WAS GOING TO MOVE TO BEEN THE MOVES AND THE PROCEDURES TO

VOTE ON THAT THIS EVENING. >> IS THERE ANY DISCUSSION ON THE PETITION THEMSELVES? IF NOT, I WILL RECOGNIZE THE MOTION AND WE HAVE A QUORUM SO WE CAN SUSPEND THE RULES.

ALL IN FAVOR OF SUSPENDING THE RULES TO VOTE ON THESE PETITIONS THIS EVENING SIGNIFY BY SAYING AYE.

ANY OPPOSED? THE RULES ARE SUSPENDED.

MR. PRESIDENT. >> IN THE FINAL MOTION, DO WE

[01:10:03]

>> IT IS ASSUMED, BECAUSE THEY HAVE NOT MADE PUBLIC NOTICE FOR THAT NUMBER BECAUSE IT WAS JUST ISSUED TODAY.

>> ARE YOU STILL WAITING FOR THE LANDSCAPING PLAN DO WE NEED TO MAKE A CONTINGENT UPON WAITING FOR THE LANDSCAPING PLAN?

>> YOU COULD MAKE IT CONTINGENT UPON FINALIZING --

PLAN. >> ALL IN FAVOR OF ADOPTING -- APPROVING SIGNIFY BY SAYING AYE. ANY OPPOSED?

>> THESE ARE APPROVED TO DOWN ONE MORE TO GO.

THE NEXT ON THE AGENDA IS DOCKET PZ2021 -- 204 PUD FOUR ON SPRING MILL PUD REZONE. THE APPLICANT SEEKS PUD REZONE APPROVAL TO ALLOW A NEW SUBDIVISION CONSISTING OF TOWNHOMES, DUPLEX HOMES AND SINGLE-FAMILY HOMES.

THE FACT IS LOCATED AT 950 SPRING MILL ROAD AND ZONED S-2 RESIDENCE. FILED BY JIM AND JOHN OF NELSON PITTMAN PARTNERS AND OX AND EAST LLC.

>> PRESENT WITH US ARE THE HEARD FROM AND NOT TO PUT PRESSURE BUT WE WILL GO TO COMMITTEE.

WE DON'T EXPECT ANY ACTION TONIGHT.

WITH THAT SAID WE HAVE WITH US JOHN FROM MY OFFICE AND OTHER MEMBERS OF THE TEAM. DAVID AND STEVE ARE SEEKING TO REZONE THE REAL ESTATE TO A PUD TO DEVELOP A UNIQUE COMMITTEE KNOWN AS FLORA ON SPRING MILL THAT WILL HAVE HOUSING OPTIONS ALONG WITH HIGH QUALITY ARCHITECTURAL DESIGN AND A LAND PLAN INCLUDING A TREE PRESERVATION AREA.

THIS IS OUR FIRST EXHIBIT. THIS WAS THE INFORMATIONAL BROCHURE. YOU WILL SEE THE SITE IS 18 ACRES IN SIZE. IT IS JUST NORTH OF AND ADJACENT TO 65. IT IS WEST OF SPRING MILL ROAD AND ACROSS THE STREET FROM SPRING MILL ROAD ARE INTENSE OFFICE DEVELOPMENT THAT SURROUNDS US.

TO THE NORTH OF THE REAL ESTATE ARE SINGLE-FAMILY RESIDENCES.

TO THE WEST ALONG HERE IN THIS LOCATION IS WILLIAMS CREEK AND FURTHER TO THE WEST IS THE CEDAR POINT SUBDIVISION.

THIS FLORA SITE CAN BE CONSIDERED AN INFIELD SITE LOCATED 2465 AND ADJACENT TO SPRING MILL AND INTENSE OFFICE USES. THIS NEXT EXHIBIT WAS ALSO INCLUDED BEHIND TAB TWO OF YOUR INFORMATIONAL BROCHURES.

THIS TAKES THE PLAN AND IMPOSES IT ON THE SITE LOCATION MAP SO YOU CAN SEE HOW THE REAL ESTATE WOULD INFIELD IS BASED ON THE USES AROUND US. THE RULE STATES CURRENTLY ZONED S2. THEY ARE SEEKING A REZONE TO THE FLORA PUD AND THEY WILL HAVE A MIX OF FIVE DIFFERENT HOUSING TYPES WITHIN THIS DEVELOPMENT INCLUDING SINGLE FAMILY COURTYARD HOMES, BROWNSTONES, ROOFTOP DECK TOWNHOMES AND DUPLEX TWO-FAMILY HOMES AS WELL. THE NEXT EXHIBIT IS THE BLOWUP OF THE CONSERVATION PLAN. THIS WAS DESIGNED TO BE SENSITIVE TO THE SURROUNDING USES AROUND US.

INCLUDING EXTENSIVE TREE PRESERVATION AREAS ALONG THE PERIMETER OF THE SITE. TRANSITIONING USES AS WE GO IS TO WITH EVEN THOUGH THERE IS DISTANCE BETWEEN THE SUBDIVISION. PURPOSELY THEY DECIDED TO PUT A LARGER COURTYARD HOME ON THEIR. THE SITE PLAN PROVIDES FOR OPEN

[01:15:01]

WE WILL BE ABLE TO GO THROUGH THIS IN MORE DETAIL ACT COMMITTEE. YOU CAN SEE WORKING AROUND THE SITE WE HAVE THE BROWNSTONES AND WE HAVE DETAILED ELEVATIONS WITHIN YOUR INFORMATIONAL BROCHURES.

THE BROWNSTONE WILL BE ALONG THE NORTHERN PORTION OF THE SITE.

THE ROOF DECK TOWNHOMES SHOWN BY THIS IMAGE ARE LOCATED ALONG THE SOUTH PERIMETER OF THE REAL ESTATE AS I POINTED OUT, THE COURTYARD, SINGLE FAMILY HOMES LOCATED ON THE WESTERN PERIMETER AND THE DUPLEX HOMES SHOWN BY THE IMAGES HERE ON THE LEFT SIDE LOCATED IN THE CENTER PORTION. PHONICS AND EAST IS A BUILDER RECOGNIZED BY COMMUNITIES WITH A VERY DISTINCT ARCHITECTURE.

THEY DO NOT PULL PLANS OFF OF THE SHELVES THEY DESIGNED THEIR COMMUNITIES BASED ON THE LOCATION OF THE SOCIETY AND WHAT SURROUNDS IT. THE RESULT IS THIS IS A VERY DETAILED HOME ELEVATIONS SHOWING SPECIFIC DESIGN FEATURES.

I WON'T GO THROUGH THOSE AND DETAIL, BUT I DID WANT TO SHARE'S PERSPECTIVES THAT WERE IN YOUR BROCHURE.

THE SHOW VARIOUS VIEWS IN THE COMMUNITY.

THIS FIRST PERSPECTIVE IT SHOWS THE VIEW OF THE BROWNSTONE.

THESE ARE ALSO THE SAME TOWNHOMES LOCATED ON THE EASTERN PORTION OF THE SITE. THIS WILL PROVIDE A GOOD ENTRANCE. THIS IS A PERSPECTIVE OF THE DUPLEX HOMES. YOU CAN SEE THOSE IN THE FOREGROUND. THESE ARE LOCATED WITHIN THE DEVELOPMENT. IN THE BACKGROUND YOU CAN SEE THE PITCH TOWNHOMES. THESE ARE DESIGNED AROUND A CENTRAL COMMON SPACE OR OPEN AREA.

A LOT OF PATIOS TO PROMOTE THAT TYPE OF VIBRANCY'S.

NEIGHBORS WALKING THIS WILL BE POSITIONED AROUND THE AREA.

THESE ARE PERSPECTIVES SHOWING THE DETACHED HOME TO REVIEW IT AGAIN, THEY WOULD BE ANTICIPATING PRICES TO RANGE FROM AND FOR THE BROWNSTONES. AND FOR THE SINGLE-FAMILY COURTYARD HOMES. FINALLY, WE DID INCLUDE MANY OTHER DETAILS AND OF COURSE THE PUD WITH ALL EXHIBITS AND THE

[01:20:09]

THIS IS WHAT WE RECEIVED FROM THE SURROUNDING LAND OWNERS.

I WILL REMAIN AVAILABLE FOR ANY COMMENTS YOU HAVE NOW OR AT THE CONCLUSION OF THE PUBLIC HEARING BUT WE APPRECIATE YOUR TIME.

>> WHO WOULD LIKE TO SPEAK ON THIS PETITION?

>> MY NAME IS GEL, -- JILL, LIVE ON SPRING MILL.

I MOVED THERE ABOUT 16 YEARS AGO.

INITIALLY IT WAS ZONED AS RESIDENTIAL AND I AM CONCERNED THE FIRST THING IS IT IS DESIGNED AS A PUD AS A MULTIFAMILY USE AND I AM ASSUMING A LOT OF THOSE ARE RENTAL. I AM WONDERING WHAT THE PRECEDENT IS FOR RENTAL BUILDINGS.

THERE'S JUST A LOT PUT IN THIS SPACE AND THAT IS A BIG CONCERN% TO ME. THE NEXT THING IS, I THINK I READ IN THE DEPARTMENT REPORT THERE WAS 20% PRESERVATION THAT MEANS THERE'S PROBABLY 80% TREE DESTRUCTION AND FOR A CITY THAT BELIEVES ENTRIES THIS SOLDIERY WAS -- THIS HIT A LOT OF WILDLIFE HABITAT AND THIS CONCERNS ME.

OUT THAT WILL BE ADDRESSED. I'M CONCERNED WITH THE BOOK CALLS COULD BE RENTALS. OUR PEOPLE GOING TO BE WILLING TO PAY THAT AMOUNT IF THEY ARE RIGHT NEXT TO 465.

HOW MANY PEOPLE ARE GOING TO WANT TO LIVE IN THAT SPACE.

AND IF THEY DO, HOW COULD THEY BE PROTECTED AGAINST THIS WAS SUPPOSED T BE PROTECTED FROM ILLINOIS GOING WEST.

I DO SEE EVERY THING BEING CHIPPED AWAY FOR EVERY USE.

THOSE WERE MY THOUGHTS. >> THANK YOU.

DOES ANYONE ELSE WISH TO SPEAK THIS EVENING JIM OR STEVE DO YOU

CARE TO RESPOND? >> A FEW OBSERVATIONS.

FIRST OF ALL ALL OF THE PROPOSED HOMES ARE FOR SALE.

[01:25:03]

BUT NONETHELESS, BECAUSE OF OUR UNIQUE PRAYER WE HAVE EVERY CONFIDENCE THE TYPE RANGES WE ARE ANTICIPATING ARE ACHIEVABLE.

>> ON WITH THE DEPARTMENT OF COMMUNITY SERVICES.

THE PROPOSED PROPOSAL WILL CREATE SINGLE-FAMILY HOMES, DUPLEX HOMES AND A VARIETY OF TOWNHOMES.

CURRENTLY THE SITE IS ZONED S2 AND WOULD ONLY ALLOW FOR SINGLE-FAMILY HOMES. THEY WOULD BE ON LARGE LOTS.

THE COMP PLAN IN THIS SUBDIVISION WILL BE URBAN RESIDENTIAL AND ATTACHED REGINALD MITCHELL AND THEY ARE NOT CONSIDERED A CONDITIONAL FIT OR BEST FIT NEXT TO THE LOW INTENSITY USES. TO AID WITH THE TRANSITION THERE WILL BE A LARGE, NATURAL BUFFER. TO THE LIST PROVIDED BY THE WILLIAMS CREEK BUFFER TO THE NORTH.

TO THE EAST IS THE EMPLOYMENT AND THE CONDITIONAL FIT WHEN ADJACENT TO AN EMPLOYMENT NOTE. THERE ARE POLICIES THAT THIS PUD WOULD HELP TO FULFILL AND ONE IS TO ENCOURAGE A VARIETY OF HOUSING TYPES. 129 DWELLINGS ARE PROPOSED AND THERE WILL BE A MINIMUM OPEN SPACE AND 20% TREE PRESERVATION DESIGNED IN THE NEIGHBORHOOD. THERE IS ONE ENTRANCE.

THAT IS LOCATED AT THE ROUNDABOUT.

THE STREET WILL BE PUBLIC AND WILL LOOP THROUGH THE NEIGHBORHOOD AND THEY WILL HAVE ACCESS TO GARAGES.

AS WE SAW THE ARCHITECTURE IS MORE CONTEMPORARY AND BECAUSE THERE ARE SO MANY DWELLING TYPES THERE WILL BE DIVERSITY THROUGHOUT THE DEVELOPMENT. THIS IS WHAT WE CAN EXPECT TO SEE BILL JUST LIKE JIM MENTIONED AT THE END.

THE TREE PRESERVATION AREAS ON THE OUTER EDGES OF THE DEVELOPMENT. THE DEPARTMENT WOULD LIKE TO ENCOURAGE TO SEE MORE TREES PRESERVED.

WE WILL WORK THROUGH THE PUD LANGUAGE AND ARCHITECTURAL COMMENTS WITH THE PETITIONER. THIS WILL GO THROUGH FOR FURTHER

REVIEW. >> WE WILL CLOSE THE PUBLIC

HEARING AT 7:30 P.M. >> I HAVE A FEW CONCERNS TO LOOK AT. I KNOW THIS IS NOT A TLS BUT HOW WILL YOU HANDLE LIGHTING ANOTHER CONCERN IS WHY ARE SOME OF THE ROADS PUBLIC AND SOME PRIVATE. IT SEEMS LIKE THEY ALL TO BE ONE

[01:30:02]

>> DID YOU WANT TO RESPOND. >> WE WILL BE CERTAIN TO REVIEW THOSE QUESTIONS AND THE SPECIFIC PROVISIONS AND A PLAN FOR THE LIGHTING AND A RATIONALE BETWEEN THE PRIVATE AND PUBLIC STREETS.

WE WILL TAKE NOTES AND MAKE SURE WE REVIEW IT AT THE COMMITTEE

LEVEL. >> I WILL LOOK THROUGH THAT.

GENERALLY SPEAKING, RIGHT NOW, WITH THIS BEING BULLETED THE SECOND I WOULD LIKE TO SEE MORE TREE PRESERVATION SPECIFICALLY AROUND 465. IT DOESN'T LOOK LIKE YOU HAVE TREES PRESERVED IT LOOKS LIKE THIS WILL BE PROPOSED.

IF THERE IS A WAY TO SAVE MORE TREES BECAUSE YOUR FRONT YARD SETBACKS ARE ONLY THREE FEET OR 5 FEET OR 10 FEET YOU WON'T HAVE TO PLANT TREES.N THE FRONT YARD- IF THERE ARE WAYS YOU CAN PRESERVE MORE TREES THAT WOULD BE IMPORTANT.

I HAVE A QUESTION. THERE IS ONLY ONE MAIN ENTRANCE AND THIS IS A TWO LANE ROAD. AS WHERE WILL THIS GO.

>> IT'S GOING INTO THE ROUNDABOUT.

THAT STILL SEEMS LIKE A LOT OF TRAFFIC.

I KNOW THERE IS NOWHERE ELSE TO MAKE A CONNECTION.

BUT MAY BE WAY WE CAN HELP TRAFFIC FLOW.

>> I AM NOT AWARE OF A CONCERN. WE WILL DEFINITELY FOLLOW BACK.

AND A REQUEST TO REVISIT THIS AS WELL.

>> I SPOKE TO HIM ABOUT THIS PREVIOUSLY AND MY MEMORY IS GOOD BUT SHORT. I BELIEVE MOST OF MY COMMENTS REVOLVED AROUND THE MATTER AS IT IS FOR THE TREE PRESERVATION AREAS HOW THOSE WILL BE DENOTED ALONG THE SINGLE-FAMILY RESIDENCE SIDE. SPECIFICALLY AS IT APPLIES TO RESIDENTS LIVING ADJACENT TO THE AREAS THUS MAKING THIS NOT COMPLIANT. SO WHETHER THAT IS A FENCE OR A SIGNED DOCUMENT, THEY START TO LANDSCAPE BUT IT IS NOT THE LANDSCAPE. I HAVE HEARD A LOT ABOUT THE CONCERNS AND PERHAPS I MISSED THIS OR WE ALL MISSED IT BUT I DON'T THINK THE PETITIONER NOTED IF IT WAS CLEAR-CUT BY THE EXISTING HOMEOWNER. FROM WHAT I UNDERSTAND, THIS SITE FITS WITHIN THAT AREA. MAYBE THE PETITIONER COULD MAKE

[01:35:03]

>> THANK YOU FOR REMINDING ME OF THAT.

PRIOR TO ME PUTTING THE. >> THIS TELLS YOU MORE ABOUT THE SITE. I ALSO THINK, WITH A TREE PRESERVATION LIKE THIS TALKING TO PROPERTY OWNERS, AND WE HAVE BEEN WORKING JUST TO GET HERE WE DIDN'T WANT TO HAND YOU A PUD THAT NEEDED A LOT OF WORK. WORKING WITH THE STAFF IT WAS DECIDED TO SAVE AS MANY TREES AS WE COULD.

OF COURSE WE HAVE THE BUFFER TO THE WEST AND WE WILL BE SAVING AS MANY TREES AS WE CAN. IT MAKES SENSE FOR US TO SAVE AS MANY AS WE CAN. THIS WAS A CONCERN OF MINE.

THE LANDOWNER WAS TALKING TO RENT DEVELOPERS.

WE HAVE BEEN TOLD THERE WOULDN'T BE THAT MANY BUT IF YOU LOOK AT THE DEVELOPMENT PATTERNS THIS HAS BEEN APPROVED FOR MULTIFAMILY UNITS. SO, WHEN I CAME IN HERE AND WORKED WITH THE PROPERTY OWNERS, I WAS DELIGHTED, I WENT TO THE RIBBON-CUTTING AND I SPOKE TO THESE GUYS AND THEY WERE EXCITED AND THEY BELIEVED WE COULD PUT A FOR SALE SIGN IN THERE.

THAT WAS GREAT ABOUT WHAT HAPPENED WITH THE SITE ALREADY.

ALSO HAVE SOME EXHIBITS AND I WON'T WASTE YOUR TIME.

BUT IF YOU WENT TO THE PROPERTY SOUTH OF US, I TOOK AN AERIAL PHOTOGRAPH AND THIS WAS A FULLY WOODED SITE, ALL OF THE WOODS WERE TAKEN OUT. THE FACT THAT YOU HAVE A DEVELOPER SAYING WE WILL SAVE THE TREES AND IF NOTHING ELSE PUTTING IT INTO FARM DEVELOPMENT.

BETWEEN THAT AND WORKING WITH THE STAFF AND THINGS THEY ASKED US TO DO, I THINK WE WILL GET QUITE A FEW TREES RESERVED.

>> FOR THE COMMITTEE, A FEW OTHER THINGS TO CONSIDER.

NUMBER ONE, WHAT IS THE ABILITY WITH THEIR RIGHT-OF-WAY TO EXPAND THE ON-RAMP FROM SOUTH BEND.

WHEN WE LOOK AT ONE ADDITIONAL LANE AND THE RIGHT-OF-WAY WON'T ÚCHANGE BUT THE PRESENCE OF THE SECOND LANE IF ONE IS ADDED.

IS WORTHY OF INVESTIGATING. I AGREE WITH THE EARLIER COMMENT , WHETHER IT IS SCREENING OR SCREENING FROM 465 IT IS THE REAR ELEVATIONS, ANYTHING THAT CAN BE DONE TO PRESERVE MORE TREES AND PROVIDE THAT SCREENING AND BUFFERING WOULD BE VIRTUOUS.

WITH THIS BEING A PUD. HERE IS WHERE I FEEL THIS IS A REAL OPPORTUNITY. THAT WOULD BE TO DEVIATE FROM THE STANDARDS THAT SAY ON BOTH SIDES MUST HAVE A 5-FOOT WIDE SIDEWALK AND THEN A WALKING PATH.

PARTICULARLY ON THE NORTH SIDE, DO WE REALLY NEED SIDEWALKS ON BOTH SIDES OF THE STREET. IF WE COULD PRESERVE MORE AND USE RIBBON CURBING, THE COULD BE SOFTENED AND WE COULD KEEP A LOT OF TREES. THIS IS WHERE I SAY TREES ARE WORTH MORE. BECAUSE THIS IS A PUD THERE'S NO

[01:40:03]

THE SAME THING WITH TREES INTEGRAL TO THE PROJECT.

THE OPEN SPACE TO THE SOUTHWEST, I KNOW THESE ARE RUMBLINGS I WOULD LIKE TO SEE THE COURTYARD TO REMAIN WOODED AS THEY ARE INSTEAD OF TEARING DOWN OR CUTTING DOWN 30-YEAR-OLD GROWTH, LET'S RETAIN AS MUCH AS WE CAN. IF THERE IS AN OPPORTUNITY TO CREATE A WALKING PATH, THAT WOULD BE ON THE WEST PARK.

THAT HAS BEEN DONE SUCCESSFULLY AND IT REALLY TURNS THE TREES AND CREATES AN IMMUNITY. IF ACCESS BECOMES AN ISSUE FROM A PUBLIC SAFETY STANDPOINT IM NOT SURE BUT MAYBE THERE'S AN EMERGENCY PATH THAT WOULD PROVIDE A SECOND POINT OF EGRESS BUT I'M NOT SURE AT WHAT POINT THE RAMP STARTS TO RISE.

BUT I WAS SURPRISED TO FIND THERE WAS NOT A SAFETY STANDARD SURROUNDING THE SINGLE.HERE. THAT'S THE EXTENT OF MY

COMMENTS. >> I JUST WANT TO ADD THAT I HAVE MY CONCERNS, I DON'T WANT TO BE REDUNDANT BECAUSE THEY LAY THIS OUT PRETTY WELL BUT THE AMENITIES I WOULD LIKE TO SEE WHAT HUNDRED 29 HOMES MAKE MORE OF THE WATER FEATURE AND THE AMENITIES AND WE TALK ABOUT WALKING PATHS I THINK YOU COULD COME UP WITH SOMETHING CREATIVE AND UNIQUE BECAUSE YOU HAVE PLENTY OF BUFFERING AROUND THE NEIGHBORS AND I'M SURE THEY'RE HAPPY WITH IT. THERE'S AND THINK YOU.

WITH NO FURTHER QUESTIONS IS THERE A MOTION.

>> MOVE THIS ANY OPPOSED. >> IN TERMS OF TIMING, I THINK YOU GUYS REQUESTED THIS DOESN'T GET TO WE WOULD PREFERRED TO GO TO THE JANUARY MEETING. MOVING ALONG, THE APPLICANT SEEKS APPROVAL FOR A NEW DEVELOPMENT IN A NEW APARTMENT COMPLEX. IT IS LOCATED AT NORTH MICHIGAN ROAD THE ZONING IS RESIDENTIAL. AND WITHIN THE OVERLAY.

THIS HAS BEEN FILED BY RYAN WELLS.

[01:45:01]

>> GOOD EVENING AND FOR THE RECORD I'M WITH THE LAW FORMAT WE DO REPRESENT THE REAL ESTATE SERVICES.

PRESIDENT TONIGHT IS RYAN WELLS. AS WELL AS RUTH MULDER.

TRAINING WITH OUR OFFICE AS WELL AS MEMBERS OF THE DESIGN TEAM.

THIS LEFT THE SITE EARLIER THIS YEAR.

IN ORDER TO ALLOW THE REDEVELOPMENT THEY HAVE FILED APPLICATIONS FOR APPROVAL ON THE PLAN COMMISSION.

THE CURRENT OWNER WILL CONTINUE TO BE AN OWNER OF THE SITE MANAGING THE COMMUNITY FOR THE OWNER.

THIS EVENING WE ARE SEEKING REVIEW AND REQUEST REMOVING BUILDINGS LOCATED ON THE REAL ESTATE IN ORDER TO DEVELOP THAT UNIT OF THE MULTIFAMILY WRECK RESIDENTIAL AND COMMERCIAL OUTLETS ALONG THE FRONTAGE. THE DEPARTMENT REPORT ALSO ANTICIPATES DEVELOPMENT STANDARDS FROM THE BOARD OF ZONING APPEALS. TO THIS END WE WILL PRESENT THIS FOR DEVELOPMENT STANDARDS IN FRONT OF THE BOARD.

BUT WE WANTED TO REVIEW THE VARIANCES AS THEY ARE OUTLINED BEFORE THE PLANNING COMMISSION THIS EVENING.

THE REAL ESTATE IDENTIFIED THE PHOTO ON DISPLAY.

IT IS BEHIND THE TAB. THIS IS ON THE EAST SIDE.

THE PROJECT AREA SURROUNDING USES INCLUDE THE MORTUARY AND THE WOOD PAVEMENT SUBDIVISION TO THE NORTH.

THE NEIGHBOR IT IS TO THE NORTH WITH SEVERAL ABOVE THE SITE.

THE REAL ESTATE TO THE EAST IS IDENTIFIED HERE WHICH HAS WATTAGE. THE SHOPS HERE AS WELL AS THE TOWNHOMES ARE TO THE SOUTH. OF THE REAL ESTATE TODAY IS ALSO WITHIN THE OVERLAY. ADDITIONALLY AS NOTED IN THE STAFF REPORT, THE SITE IS SUBJECT TO COMMITMENT AND THERE WERE COMMITMENTS REGARDING VIEWS.

THEREFORE THERE USES PERMITTED, AND THE USES ON BOTH LOTS, REQUIRE APPROVAL I DON'T KNOW IF YOU COULD ZOOM IN A LITTLE MORE TO GET THAT LARGER ON THE SCREEN IF POSSIBLE.

>> THIS IS A SITE PLAN. FOR THE PROPOSED BUILDINGS WHICH CAN BE VIEWED BEYOND THE BROCHURES.

THERE ARE MULTI FAMILY BUILDINGS CONSISTING AT THE APARTMENTS.

THIS WILL LIMIT THE SITES THEY ARE POSITIONED TO FRONT THE INTERNAL DRIVE AS WELL AS THE EXISTING POND FOR DRAINAGE PURPOSES. TODAY THERE IS ONE THAT EXISTS HERE FOR CLARIFICATION. A MINIMUM OF 386 PARKING SPACES ARE PROVIDED IN THE GARAGE IS. THIS IS CONSISTENT WITH INDUSTRY STANDARDS AND APPLICABLE PARKING STANDARDS WITHIN THE CITY OF CARMEL. IN THIS CASE, WITH THE STANDARD PROVISIONS IT WILL REQUIRE CONSIDERATION.

[01:50:02]

REVIEWING BUILDING HEIGHTS ON THE PROPOSED THREE-STORY BUILDINGS CREATE ADDITIONAL SETBACK REQUIREMENTS.

NORMALLY IT WOULD BE REQUIRED FOR OTHERS.

BUT THE MULTI FAMILY BUILDINGS, THESE THREE BUILDINGS ARE TWO-STORY OF THE REMAINING BUILDING SOUTH OF THE DRIVE ARE THREE-STORY IN HEIGHT. AS IT HAS BEEN EXPLAINED THE STANDARDS PROVIDED BY THE PROVISIONS ARE GEARED TOWARDS COMMERCIAL BUILDINGS AND IT'S MORE COMPATIBLE AS RELATED OR PROVIDE A REASONABLE TRANSITION. THIS IS AN EXAMPLE OF A TYPICAL I WILL NEED TO ZOOM OUT. THE NEXT TWO EXHIBITS THE ARCHITECTURE THIS IS 39 FEET IN HEIGHT.

THE MAXIMUM WITHIN THE RESIDENTIAL IS 35 FEET.

THIS IS MORE THAN WHAT WOULD BE PERMITTED.

THE OVERLAY PERMITS AND EIGHT-FOOT WALL.

THIS IS TYPICALLY A STANDARD FOR A COMMERCIAL BUILDING WHICH WILL ALLOW FOR SCREENING ON TOP OF THE BUILDING.

BUT THESE WOULD HAVE IT ALL ON THE GROUND.

A FEW VARIANCES ARE NECESSARY. THE PROPOSED BUILDINGS ARE RESIDENTIAL IN CHARACTER RATHER THAN COMMERCIAL.

THEY WILL INCLUDE GARAGES AS YOU CAN SEE ALL OF THE THREE-STORY BUILDINGS ARE ON THE SURFACE. THIS IS AN EXAMPLE OF THE TWO-STORY BUILDING. THIS IS MASONARY AND CEMENT SIDING. THIS IS NO POST VINYL MATERIAL ON THE BUILDINGS DETAILED ELEVATIONS OF ALL OF THE BUILDINGS AND THE AMENITY AREAS ARE PROVIDING -- PROVIDED.

THE APPLICANT WILL WORK WITH STAFF ON THE REMAINING COMMENTS AS WE ADVANCE THROUGH THE PROCESS.

THIS IS A PORTION OF THE PLAN AS IT ISOLATES THE AREA BETWEEN VALVE LOTS AND THE PERIMETER. YOUR PROPOSED LANDSCAPING FULLY COMPLIES WITH THE SETBACKS AND UDO.

THE MINIMUM REQUIRED LANDSCAPING WHICH AGAIN DIFFERS FROM THE BUILDING SETBACK. IT IS DIFFERENT THAN THE LANDSCAPE. BUT UNDER THE ORDINANCE THIS IS

[01:55:01]

AGAINST THE YOU DO WILL BE PROVIDED ALONG THE PERIMETER.

ALONG THE EAST PERIMETER, A MINIMUM IS REQUIRED AND 35-40 FEET IS PROVIDED DEPENDING ON WHETHER YOU ARE ADJACENT TO THE BUILDING OR PARKING. PRESERVATION OF EXISTING TREES IS OF CRITICAL IMPORTANCE. WE HAVE WORKED WITH THE URBAN FORSTER TO SECURE THE APPROVAL TO ALLOW FOR ALL OF THE AREA ALONG THE NORTH AND THE EAST TO THOSE WHO MAY NOT CONFORM.

WE WANT TO MAKE SURE THEY HAVE THE SUPPORT OF THAT.

SOME OF THE TREES ARE DYING OFF AT THE BOTTOM AND WE WANT TO SUPPLEMENT THAT SO IN CERTAIN SITUATIONS WHERE IT IS OPEN.

AS WE MOVE THROUGH THE PROCESS THERE WILL BE ADDITIONAL COMMUNICATION. WE WILL LOOK AT POINTS OF PARTICULAR CONCERN AS WE ADVANCE THINGS FORWARD AS WE GET IT TO WHERE WE NEEDED. THE LAST EXHIBIT THAT I WILL PROVIDE, ALL OF WHAT WE HAVE, THEY ARE NOT NECESSARILY PRETTY PICTURES, THEY ARE DEVELOPED BASED ON ENGINEERING PLANS AND AVAILABLE FOR THE PUBLIC. AND THE LANDSCAPING AND PROPOSE FEATURES. WE CAN ADVANCE THROUGH THE PROCESS WITH INFORMATION THAT IS SOLID AND CAN BE DISCUSSED AT LENGTH. WITH THAT, I WILL CONCLUDE.

I DID WANT THE PLANNING COMMISSION TO KNOW WE HAD A NEIGHBORHOOD MEETING AT THE PRESBYTERIAN SEARCH -- CHURCH.

WE HAD 30-40 PEOPLE ATTEND THE MEETING.

I KNOW YOU HAVE RECEIVED COMMUNICATION FROM THE PUBLIC ABOUT THEIR CONCERNS. AND AS HE STOOD NOTED, THEY WILL FORWARD THIS FOR APPEARANCE WITHOUT I WILL CONCLUDE.

>> EACH PERSON WILL HAVE 5 MINUTES PER SPEAKER.

>> THE LIGHT WILL GO YELLOW WHEN THERE IS 30 SECONDS REMAINING IN

YOUR BLOCK OF 5 MINUTES. >> GOOD EVENING I LIVE ON WOODHAVEN DRIVE. I AM A RECIPIENT AND A FINALIST AND COFOUNDER OF THE ACADEMY. I HAVE ASKED TO SPEAK TODAY BECAUSE WE HAD A MEETING ON DECEMBER 8.

GIVEN SHORT NOTICE WE STILL HAVE NOT BEEN ABLE TO SECURE THE JUSTIFYING THE DENSITY AND OTHER VARIANCES.

THE TOP THREE GRIEVANCES WE RECEIVE FROM THE COMMUNITY ON

[02:00:01]

SIDING SHOULD NOT EXCEED THE WINDOW AREA AND THE MOST OF IT IS FACING THEIR COMMUNITY. BEAR ASKED ME OF 26% PARKING SPACES AND AN INCREASE IN THE TARGET.

YOUR REQUEST TO HIRE CONSULTANTS WILL BE A STARTING POINT.

WE ALSO REQUEST THE COMMUNITY REPRESENTATIVE BE ALLOWED TO ATTEND AND WORK WITH THE COMMITTEE TO WHICH THIS IS A SIGN. THE COMMUNITY ALSO FEELS WE ARE VICTIMS OF BAIT AND SWITCH. THEY PROHIBITED THIS EXACT USE.

WE ASKED THE PLANNING UNIT TO ENFORCE THIS.

AND WE PRAY THEY HONOR THE SPIRIT OF THE DISTRICT AND THE COMPREHENSIVE PLAN. THE AGREEMENT AND THE DESIGN TO PROTECT THE CHARACTER AND VALUE OF THE ADJACENT PROPERTIES.

PLEASE ALLOW ME TOO DESCRIBE THE COMMUNITY AND THE PLAN WHICH HAS MADE PEOPLE DRIVE BY AND THEY DON'T KNOW IT EXISTS.

THESE ARE STATE AND RESIDENTIAL HOMES WITH EACH ESTATE ON 1 ACRE OF PARCEL. THE CLASSIFICATIONS ARE BEST FOR FOR PARK AND RECREATION AND RESIDENTIAL.

THESE ARE NICE HOMES. ON LARGE LOTS IN A GOOD COMMUNITY. COMMUNITY THAT HAS BEEN HERE FOR 30 YEARS. THESE APARTMENTS ARE CLASSIFIED AS RESIDENTIAL ON PAGE 34. THE FIT INCLUDES BEING ADJUSTED TO STATE ON THE CLOSEST FIT IS THIS THE SUBURBAN RESIDENTIAL.

I CAN NEVER IMAGINE CARMEL PERMITTING DEVELOPMENTS WITH LOW INTENSITY FOR THIS TYPE OF BUILDING.

I LIKE TO TAKE A MOMENT TO DISCUSS THE BEST USE AND LAND WITH RESPECT TO THE PLAN. THAT OF A PARK.

PARKS AND RECREATION DATE NOTED THE PART WAS LESS THAN 31.

SINCE THAT REPORT THEY REQUIRED THEIR PART WHICH IS ONE HOUR ANYWAY. CHILDREN AND TEENAGERS HAVE NO ACCESS TO PARTS OF THERE'S NO SIDEWALK TO ACCESS THE WEST PARK. THIS IS A UNIQUE OPPORTUNITY FOR THE CITY TO HAVE OVERWHELMING SUPPORT AND DESIRE TO USE THIS AS A GREEN SPACE THIS IS ALREADY A BEAUTIFUL SPACE WITH TREES AND OPEN FIELDS. THIS IS HOME TO OTHERS ON THE PROPERTY. WE PRAY THEY WILL HAVE A SUITABILITY STUDY OF THE PROPERTIES STUDY AS A SMART ALTERNATIVE TO THE PROJECT. FURTHERMORE THE COMMITTEE HAS SENT LETTERS OPPOSING THIS PROJECT.

WE APPRECIATE THE CHANCE TO BE HEARD AND HOPE THE COMMISSION WILL DO EVERYTHING TO HELP US. ON A PERSONAL NOTE, THANK YOU

FOR THE CHRISTMAS MIRACLE. >> THANK YOU.

TANGELO MY NAME IS CATHERINE KNOX.

I AM A NEIGHBOR -- >> MY NAME IS CATHERINE KNOX ON THE NEIGHBOR ON THE NORTH SIDE. I LIVE RIGHT HERE.

I AM NOT OPPOSED TO THIS AREA BEING ZONED AS A RESIDENTIAL.

IN FACT I SUPPORT RESIDENTIAL BUILDING BUT I DON'T SUPPORT THE HIGH DENSITY RESIDENTIAL. I DON'T THINK THERE IS ANY NEED TO GO BEYOND ANY OF THE VARIANCES OR RULES OF THE LAND USE THAT IS RIGHT HERE. I HAVE SOME SPECIFIC CONCERNS ALSO ABOUT MY PROPERTY RIGHT HERE IN THE BUILDING.

IF YOU LOOK AT THE STREET COMING DOWN, THE CARS CAN COME DOWN THIS WAY AND WHERE DOES THEIR HEADLIGHTS GLARE, RIGHT INTO MY HOME. AT ALL HOURS AT IPM ON A WINTER NIGHT. I WILL GET HEADLIGHTS COME INTO MY HOME. I THINK, THIS WHOLE PLAN WAS NOT PUT TOGETHER WITH RESPECT OF THE NEIGHBORS WITH THOUGHT OF PEOPLE LIVING YOUR. I FEEL LIKE THAT WOULD DISTURB ME LIVING A REASONABLE LIFE IN MY PROPERTY.

[02:05:04]

SO I WOULD LIKE THAT TO BE ADDED WHEN YOU TALK ABOUT THE NORTH NEIGHBORS. THERE ARE SOME LIVE ON THE SOUTH. I HAVE A LOT OF COMMENTS HERE.

BEAR WITH ME. OH, MY OTHER COMMENT ABOUT THE PROPERTY IS I WAS SITTING HERE DURING THIS MEETING WITH A LOT OF RESPECT FOR THE PLAN COMMISSION AND THINGS COMING IN AND A LOT OF ARCHITECTURAL PLANS ARE PEOPLE HIRING ARCHITECTS.

BUT I LOOK AT THIS, AND I DON'T THINK THE AESTHETIC OF THESE BUILDINGS FIT, AS FAR AS THE WE ARE BUILDING THESE HOMES NEXT TO 465, NEXT TO THE ROADS THAT HAVE A LOT OF ARCHITECTURAL INTEREST. I THINK THAT SHOULD BE TAKEN INTO CONSIDERATION, MAYBE THEY SHOULD HIRE AN ARCHITECT.

TO SUM IT ALL OF WHAT I WANT TO SAY, I AM NOT OPPOSED TO RESIDENTIAL BUT I AM OPPOSED TO THESE PLANS AND GOING BEYOND THE

VARIANTS THAT ARE IN PLACE. >> THANK YOU.

OBVIOUSLY TO THE NORTHWARD RESPECTS TO THE NEIGHBORS TO THE SOUTH. I AM SURPRISED ABOUT THE TWO-STORY BUILDINGS BEING ALONG THE PROPERTY, BUT NO INFORMATION OR CONSIDERATION TO THE NEIGHBORS WHERE THE HOUSES REMOVED FROM THE EASTERN EDGE OF THIS PROJECT THAT IS WHERE THE TWO-STORY BUILDINGS ARE GOING IN THE FARTHEST REACHES OF THE PROJECT. THREE-STORY BUILDINGS GOING TOWARDS THE FRONT AND ON THE RESIDENTIAL SIDE SPIRIT I THINK THE SETBACK, LANDSCAPING AND BUILDING HEIGHT SHOULD BE EQUAL TO WHAT IS GOING ALONG THE PROPERTY WHICH ONLY SEEMS FAIR WITH ALL OF THE REQUESTED VARIANCES THAT HAVE BEEN PUT FORWARD, IT JUST SEEMS LOGICAL TO MAKE IT UNIFORM.

I KNOW THE PLAN COMMISSION CONSTANTLY GETS THIS BUT WE HAVE LIVED IN WOODHAVEN FOR 32 YEARS. THE NEIGHBORHOOD IS ALMOST 42-YEARS-OLD. WE ARE AMONGST THE -- EXCUSE ME LET ME REPHRASE THAT. WE ARE THE LONGEST RESIDENTS IN THE NEIGHBORHOOD. THIS IS WHERE MY HUSBAND HELPED TO DEVELOP AN HELPING TO MITIGATE DRAMATIC ISSUES.

I HOPE THAT THE NEIGHBORS WILL BE ABLE TO GO TO COMMITTEE AND SPEAK SINCE THERE SEEMS TO BE MANY POINTS.

[02:10:05]

>> BRIAN BEFORE YOU START, DO WE HAVE ANY OTHER SPEAKERS BESIDES

BRIAN AND THE OTHER GENTLEMEN. >> I AM WITH DAVE FAMOUS LAND PLANNER. I NEED TO CORRECT THE PETITIONER YOU LOOK AT THE PLANS YOU GET A BIGGER BUFFER.

I THINK THIS IS IMPORTANT AND I DON'T WANT YOU TO BE MISCHARACTERIZED. WHEN YOU LOOK AT THE DOCUMENT OF THE FORMER LAWYER AND YOU READ IT GIVES YOU GUYS A GUIDELINE, BECAUSE YOU WILL ACT AS A CITY COUNCIL TO REZONE THIS.

IT IS B3 BUT THERE ARE RESTRICTIONS THAT RUN WITH THE LAND. YOU ARE ACTING AS A CITY COUNCIL AND THIS IS AN UNUSUAL SITUATION FOR THE COMMISSION.

>> I SUBMITTED LAST NIGHT THE COMMITMENT, THE EASE PROPERLY LINE WOULD HAVE A MINIMUM SETBACK OF 150 FEET.

THREE-STORY CONSTRUCTION WOULD BE ALLOWED AND 200 FEET OF THE EASE PROPERTY LINE AND THE NORTH PROPERTY LINE.

I WONDER WHO WAS ON THE OTHER SIDE THAT MEET THESE COMMITMENTS. SO THE RESIDENTIAL PEOPLE WE NEED TO HAVE THE SAME PROTECTION THAT EVERYBODY ELSE HAS WHEN THE LESSER LABOR WAS PUT UP. I SUBMITTED THIS TO RACHEL TOO LATE AND OTHER DEVELOPMENTS. BUT IT IS VERY IMPORTANT, WHEN YOU READ THIS DOCUMENT, YOU READ IT AS A WHOLE.

NOT SAYING THIS IS THIS OR THIS IS THIS.

I AM REALLY KIND OF SURPRISED THAT I AM HERE TALKING ABOUT THIS. THE WHOLE REASON WE DID THE OVERLAY ZONE IS WE WERE NOT HAVING THESE DISCUSSIONS.

I DON'T KNOW WHY I DID THIS BUT, I AM THE DEVELOPMENT CHAIR LIKE WITH A 20 SQUARE-MILE AREA. IT WOULD EITHER GO TO YOU OR A HEARING OFFICER. LET ME TELL YOU SOMETHING AND MIKE WELLS KNOWS THIS. HIS SON KNOWS THIS.

THIS WOULD NEVER BE APPROVED IN INDIANAPOLIS.

WHEN WE DID THE OVERLAY ZONE, WE WERE SPECIFIC WITH WHAT WE NEEDED TO BE DONE. WE CREATED STANDARDS YOU CAN SEE HOW THESE EVOLVE. I DON'T WANT ANYONE TO THINK WHAT THE PETITIONER SAID THESE RESIDENTIAL APARTMENTS A CASH-ON-CASH RETURN. SUSAN BROUGHT UP THE HUNDRED 27 IN THE DENSITY. YOU THINK ABOUT, THE OVERLAY

[02:15:05]

THANK YOU VERY MUCH. >> I AM NOT A HOMEOWNER I'M A COMMERCIAL OWNER ADJACENT TO THE SOUTH SIDE.

WE HAVE A COMMON PROPERTY LINE WITH THIS PROJECT.

>> CAN WE HAVE YOUR NAME FOR THE RECORD?

>> GORDON ALLEN. THE ONLY QUESTIONS I HAVE ARE LITTLE ONES. THEY SHOW A STREET EXITING INTO THE SUBDIVISION AND NOW I PAY A FEE GOING INTO MY STREET SPIRIT I SUSPECT THEY WERE DEVELOPED AS THOROUGHFARES IN A COMPLEX NOT AS A HIGHWAY. SINCE THE STOP SIGN THROUGH OUR SUBDIVISION THE 300 CARS THAT WILL LEAVE EVERY DAY BECAUSE CONTRARY TO WHAT YOU SAY, 1.9 CARS PER UNIT DOES APPLY.

THEY ARE USUALLY TWO PEOPLE AND THEY BOTH GO TO WORK AT DIFFERENT FAITH -- PLACES. THAT MEANS TWO CARS.

YOU CAN DOUBLE THE AMOUNT OF UNITS AND GET THE NUMBER OF CARS THAT IS ASSUMING NO ONE IS GOING TO HIGH SCHOOL.

BUT IF THEY CROSS ONTO THE ROADS THAT I PAY FOR, I THINK THEY SHOULD PAY SOME SIGNIFICANT SHARE OF REPLACEMENTS OF THOSE STREET SPIRIT THE OTHER THING IS THERE IS NO LANDSCAPING ALONG THE SOUTH SIDE THAT THEY TALKED ABOUT.

THEY WOULD NOT ALLOW ME TOO TOUCH EVEN THOUGH THE PEOPLE WHO OWN THE GROUND SAID CUT THEM DOWN.

BUT THEY SAID IT WAS GOOD FOR THERE'S NOT ONE GOOD TREE FROM THE HIGHWAY TO THE WOODS PROBABLY GOING PAST WHERE -- THERE'S NO GOOD TREES. THEY NEED TO LANDSCAPE THAT.

TEAR EVERYTHING OUT AND PUT TREES IN.

OTHER THAN THAT I DON'T HAVE A PROBLEM WITH WHAT THEY ARE DOING. I WOULD PREFERRED THAT OVER A GROCERY STORE OR A JUNKYARD. THAT'S PRETTY MUCH IT.

I WAITED -- I WOULD HATE TO SEE YOU GET RID OF THE DEER THAT RUN AROUND THEIR BUT THEY WILL JUST BE DISPLAY SPIRIT.

>> THANK YOU MR. ALLEN. IS THERE ANYONE ELSE THAT WISHES TO BE HEARD? JOHN, YOU HAVE 5 MINUTES TO

RESPOND. >> WE APPRECIATE EVERYONE'S COMMENTS IN ADDITION TO THE ONES WE HAVE RECEIVED IN WRITING.

THE LAST GENTLEMAN WHO SPOKE INDICATED HE WOULD PREFER THIS OVER A SUPERMARKET AND I'M SURE EVERYONE REMEMBERS IN 2010

[02:20:04]

THAT IS NOT THE PROPOSAL TODAY BUT, THERE WAS ONE LETTER WE RECEIVED AND SOMEONE SAID KROGER HAD A PETITION AND IT FAILED BECAUSE WE OVERREACTED. THE FACT IS IT WAS APPROVED AND IT WOULD'VE ALLOWED THEM TO ADVANCE RETAIL ADJACENT TO THE NEIGHBORHOODS THERE WAS BUFFERING AND LANDSCAPING AND AGREEMENTS MADE AND ASSOCIATED WITH THAT A RESIDENTIAL TRANSITION THEY FELT WOULD HAVE AN OPPORTUNITY FOR CONSIDERATION BECAUSE UNDER THE TERMS AS STATED THIS EVENING THE RESIDENTIAL USES CONSIDERED A HIGHER LEVEL COMPATIBILITY THAN RETAIL BUT I THINK, WE ARE HOPEFUL AND WE ANTICIPATE THAT DISCUSSION IF THE NEIGHBORS HAVE DISCUSSIONS ABOUT THE TRANSITIONS WE WILL WORK THROUGH THAT.

AND I WOULD ASK FOR YOUR INDULGENCE IN SITTING -- CONTINUING THE DIALOGUE AND ADDRESSING THEM.

ONE YOUNG LADY SPOKE, THERE'S NO INTENT.

I THINK THEY UNDERSTAND OTHERWISE WE WOULD NOT ANSWER.

ALL OF THE LETTERS RECEIVED THE LETTERS WE RECEIVED TODAY WE WILL TAKE A LOOK AT THAT AND THE BUILDING HEIGHT JUST AS WE WILL TO THE AREA TO THE NORTH. I WILL LEAVE THAT.

>> ADDRESS THE PLANNING COMMITTEE AND NOT THE PETITIONER. I JUST WANT TO REMIND EVERYONE

THAT. >> DO YOU HAVE ANYTHING ELSE? THANK YOU. WE WILL GO TO THE DEPARTMENT

REPORT. >> I'M WITH THE DEPARTMENT OF COMMUNITY SERVICES. WE HAVE A REQUEST TO DEVELOP THE GARDENS INTO AN APARTMENT COMPLEX.

THIS IS A UNIQUE REQUEST SPIRIT THERE ARE COMMITMENTS ON THE LAND THAT RESTRICT THE USES. BUT THEY ALSO STATE THAT ALL OTHER LAND USES ARE PROHIBITED UNLESS OTHERWISE SPECIFIED BY THE CARMEL PLANNING COMMISSION. THE 1988 COMMITMENTS DO APPEAR TO BE SPECIFIC TO ONLY ALLOWING CERTAIN DEVELOPMENT SO THE PLANNING COMMISSION DOES HAVE THE AUTHORITY TO HEAR THIS REQUEST AND DECIDE IF THE USE WILL OR WILL NOT BE ALLOWED.

WE WILL ENSURE THAT A FULL CROSS-SECTION CAN BE ACHIEVED AS WELL AS THIS COULD ALSO BE FULLY CONSTRUCTED.

THE ACCESS ROAD BEHIND IT, CONNECTING INTO THE DEVELOPMENT THIS CONNECTION IS REQUIRED AS PART OF THE OVERLAY IT WAS ALSO SHOWN AND AGREED TO WHEN A PROPOSAL CAME THROUGH AND THAT PROJECT WAS APPROVED BUT SHORTLY FELL THROUGH AND THE DEAL FELL THROUGH AFTER THE PLANNING COMMISSION APPROVED THE PROJECT.

THE PETITIONER IS ASKING FOR MULTIPLE BUILDING MATERIALS AND

[02:25:05]

WE DO BELIEVE THAT ADDITIONAL WORK IS REQUIRED ON THIS PLAN.

AND WE CAN GET THE PROJECT CLOSER TO MEETING THE STANDARDS OF THE OVERLAY AND IT CAN BE A GREAT ADDITION AND BE A GOOD NEIGHBOR TO ALL NEIGHBORS AROUND THE PROJECT.

WE RECOMMEND SENDING THIS TO THE COMMERCIAL MEETING ON FEBRUARY 1 AS REQUESTED FOR ADDITIONAL TIME TO MAKE CHANGES AND THEN RETURNED THE PROJECT FOR A FINAL VOTE.

THANK YOU. >> THANK YOU.

WE WILL CLOSE THE PUBLIC HEARING AT 8:27 P.M. BUT I WILL RESERVE THE RIGHT TO REOPEN BECAUSE IT IS MY SENSE THERE'S A GREAT DEAL OF WORK TO BE DONE AND IF THE CHANGES COME BACK THAT I THINK ARE NECESSARY TO GAIN GROUP APPROVE ARE MADE THEY WILL BE SIGNIFICANT ENOUGH TO GIVE THE PUBLIC ANOTHER BITE OF THE APPLE ANOTHER CHANCE TO HAVE INPUT. DISCUSSION FROM MEMBERS OF THE

COMMISSION? >> BESIDES THE VARIANCES LISTED

WOODEN THOSE GO TO THE BCA? >> IN FEBRUARY OR MARCH?

>> IT WOULD BE NICE IF THEY HEARD IT BEFORE IT CAME BACK TO

US SO WE DON'T SPEND WHEELS. >> WE DID CONSIDER THAT.

>> I WOULD LIKE TO SEE A PEDESTRIAN PLAN.

MY OTHER CONCERN IS TRAFFIC. IF YOU HAVE EVER BEEN THERE AND TRY TO GET OUT IT WAS ALMOST IMPOSSIBLE IF YOU WANTED TO GO SOUTH. THIS WOULD BE CONSIDERABLY MORE TRAFFIC THAN WHAT WAS THERE ORIGINALLY.

WE NEED TO LOOK AT TRAFFIC ESPECIALLY MAKING A LEFT TURN.

THAT IS A NIGHTMARE. >> WITH NO DEVELOPMENT IT IS A

NIGHTMARE. >> I WOULD HAVE TO SAY THERE'S NOT A LOT I LIKE ABOUT THE PROJECT.

I KNOW THE PETITIONER SAID THE OVERLAY ONLY PERTAINS TO COMMERCIAL. I DON'T KNOW WHY IT WOULDN'T PERTAIN TO RESIDENTIAL. IF YOU READ SOME OF THE INTENTIONS OF THE OVERLAY THE INCREASED PROPERTY VALUES, I DON'T SEE THAT ANYWHERE HERE. I CAN SPEAK TO PROPERTY VALUES AND I WILL TELL YOU THIS WILL NOT INCREASE PROPERTY VALUES.

IT WILL BE THE OPPOSITE. THEY WILL BE AFFECTED.

ARCHITECTURAL STYLE I DON'T KNOW IF THIS HAS A SPECIFIC ARCHITECTURAL STYLE. I THINK WE HAVE WORKED SO HARD AND STAYING WITHIN THOSE STANDARDS, THIS IS A CEMENT BOARD. IT HAS NO AESTHETIC APPEAL.

THE HEIGHT, THE SETBACKS, I'M NOT IN FAVOR OF THIS PROJECT.

>> I WOULD DITTO WHAT SHE SAYS. THIS IS THEREFORE A REASON.

IT IS NOT JUST FOR THE SETBACKS THE FOUR THAT SHE READ ARE THE ONES PERMITTED IN THE OVERLAY ZONE.

YOUR CURRENT PROPOSAL DOES NOT FIT WITH ANY OF THOSE.

AS HE SAID A SIGNIFICANT AMOUNT OF WORK NEEDS TO BE DONE BUT I'M NOT SURE IF YOU CAN GET THERE. THERE'S A LOT OF WORK THAT NEEDS TO BE DONE ON THE PROJECT. I THINK YOU HAVE TO GO BACK AND LOOK AT THE STANDARDS AND REWORK THE PROJECT SIGNIFICANTLY.

[02:30:03]

>> THANK YOU FOR YOUR COMMENTS. >> I WILL PROVIDE FOCUS TO THE COMMENTS AS WELL. LET ME START WITH THE EASIER PIECES AT LEAST FOR ME. I AM WILLING TO CONSIDER BUILDING HEIGHT SETBACKS BUFFERS, ALL IN CONTEXT TO ONE ANOTHER. I WOULD APPRECIATE YOU PROVIDING MORE INSIGHT, INSTEAD OF LOOKING AT THEM AS A STANDALONE HOW DO THEY WORK TOGETHER. WHAT IS THE HEIGHT REQUESTED.

AND LANDSCAPING IS THE THIRD ELEMENT.

WHAT IS THE DISTANCE TO THE PROPERTY IMPROVEMENTS.

I KNOW OUR STANDARDS ARE WRITTEN TO THE PROPERTY LINE SPIRIT THERE'S A LITTLE BIT OF CONFUSION IN THE OVERLAY IT TALKS ABOUT BUILDING HEIGHT WHICH IS NOT HOW WE NORMALLY MEASURE BUILDING HEIGHTS. IT'S USUALLY THE PEAK OF THE ROOF LINE. MAKING SURE WE ARE APPLYING THE STANDARDS AND HELPING THE COMMITTEE UNDERSTAND THOSE WOULD BE HELPFUL WHEN WE TALK ABOUT THE FAÇADE AS PROPOSED.

A MINOR POINT, SOME OF THE ELEVATIONS, THE BUILDING TYPES AND BUILDING NUMBERS DON'T CORRESPOND TO THOSE SITE PLAN OR SOME OF THE OTHER NUMBERS. IF YOU COULD HELP US CLARIFY WHEN WE SEE TYPE ONE BUILDINGS AND WHERE THEY WOULD GO.

ARCHITECTURAL DESIGN THE DEPARTMENT SAYS THIS SATISFIED THE REQUIREMENTS BECAUSE THE PROJECT AS A BASE, MIDDLE AND A TOP. THE OVERLAY REQUIRES THAT IT AS A BASE, MIDDLE AND TOP IN EACH INSTANCE APPROPRIATE TO THE BUILDING STANDARDS AS DEFINED IN THE OVERLAY.

WHAT IS THE THIS REQUIRED BUILDING ENTRANCES BE DEFINED AND ARTICULATED WITHIN THE CONTEXT OF A SPECIFIC ARCHITECTURAL STYLE. HISTORICAL ARCHITECTURAL STYLE.

THE DEPARTMENT SAID BUILDING MATERIALS CONFORM TO THE OVERRIPE BECAUSE BRAKE IS BEING USED.

THIS REQUIRED RED BAKED BREAD BS USED.

I AM NOT SURE THE STANDARDS ABOUT THE PARKING SPACES MEASURED PER UNIT AND MEASURED PER BEDROOM, THEY SEEM TO CONFORM CLOSELY TO INDUSTRY PRACTICES.

I AM NOT AS CONCERNED ABOUT BE A KILLER PARKING BUT THAT TAKES ME TO THE OUT LOTS. I THINK IT IS IMPORTANT THAT WE DON'T LOSE SIGHT WE ARE APPROVING THE OUTLETS AS WELL AND IN THAT REGARD THE LANDSCAPING PLAN SHOWS THEM BEING BUFFERED ALONG THE REAR FRONTAGE ROAD WITH TREES AND LANDSCAPING. HOW DOES ONE ACCESS THE LOTS WITHOUT THE NEED FOR LANDSCAPING TO BE REMOVED ON LOT FLOOR THAT BOAT, WHAT IS THE PLAN BECAUSE THEY HAVE NO FRONTAGE ON MICHIGAN ROAD. THIS WOULD BE A DEFICIT.

[02:35:25]

>> YOU HAVE ANY COMMENTS. >> IS THERE A MOTION?

>> I MAKE A MOTION TO SEND THIS TO COMMERCIAL COMMITTEE IN

FEBRUARY. >> THANK YOU.

>> TO COME BACK HERE FOR FINAL APPROVAL.

>> SECOND. >> ALL IN FAVOR OF SENDING THIS TO THE COMMERCIAL COMMITTEE ON FEBRUARY 4 SAY AYE.

AYE. ANY OPALS? THANK YOU. THIS WILL GO TO THE COMMERCIAL

COMMITTEE. >> THANK YOU I WANT EVERYONE TO HAVE A HAPPY HOLIDAY AND A SAFE ONE.

>> THANK YOU, >> APPARENTLY WE ARE LIVE AGAIN.

[I. Old Business]

>> WE WILL RESUME WITH OLD BUSINESS

>> HE SAID HE WE'LL BE RIGHT BACK.

FOR THE BENEFIT OF AUDIENCE MEMBERS WATCHING AT HOME, MAY BE A VIDEO ABOUT ROUNDABOUTS, I WILL WAIT FOR A MINUTE.

WELCOME BACK, OLD BUSINESS DOCKET NUMBER PZ2021 -- 134ZG A T REZONE. THE APPLICANT SEEKS B-2 BUSINESS REZONE APPROVAL OF THE SITE IS LOCATED AT 222ND STREET SOUTHWEST AND FRANK HAWKINS ADDITION LOT.

IT IS CURRENTLY ZONED R TO RESIDENTS AND OLDTOWN OVERLAY.

>> GOOD EVENING MY NAME IS TONY I AM AN ATTORNEY FOR TOMAHAWK HOLDING WHO IS THE PETITIONER TO REZONE PROPERTY AT 222ND

STREET IN MIDTOWN. >> COULD YOU BEND THE MICROPHONE

A LITTLE BETTER. >> I AM NOT USUALLY TOLD I AM

TOO TALL. >> CAN YOU HEAR ME?

HOW ABOUT NOW? >> AND HOW, ARE YOU OKAY.

>> I DON'T USUALLY HERE I AM SPEAKING TOO SOFTLY.

AS YOU KNOW TOMAHAWK HOLDINGS IS THE OWNER OF THE GEO 80 WHICH HAS BEEN CLOSED FOR A MONTH. I AM -- GOAT THEY ARE THAT'S RIGHT MY PARTNERS ARE HERE THEY ARE FAMILIAR WITH THE COMMISSION. I WAS HERE THREE MONTHS AGO TO

[02:40:02]

I AM PLEASED TO REPORT AFTER THREE MONTHS OF WORK, THE STAFF ON BEHALF OF THE CITY AND MY COCOUNSEL, AS WELL AS A GREAT DEAL OF ARCHITECTURAL WORK FROM MY TEAM, I BELIEVE WE ARE IN AGREEMENT AS TO A RECOMMENDATION FROM STAFF AND THE PETITIONER THAT WOULD ALLOW B2 ZONING TO MOVE FORWARD.

SPECIFICALLY THE PROPERTY WOULD BE ZONED B2 AND WE WOULD AGREE TO SUBSTANTIAL ARCHITECTURAL CHANGES SET FORTH IN THE PACKET AND THE ARCHITECT IS HERE TO ANSWER QUESTIONS ABOUT THIS IF THE MEMBERS CHOOSE AS WELL AS A REDEVELOPMENT PLAN AND COMMITMENTS LIMITING VIEWS UNDER B2 ZONING.

IN PARTICULAR IN RESPONSE TO DEPARTMENT CONCERNS WE ARE WILLING TO EXCLUDE ANY USE OF THE PROJECT FOR A CHAPMAN OR A NIGHTCLUB AND I THINK A DRAFT IS ATTACHE.

THE ONLY REAL POINT I NEED TO ADDRESS IS AN ISSUE I WANT TO MAKE SURE IS BEFORE THE COMMISSION SO WE DO NOT ELEVATE FORM OVER SUBSTANCE. WHILE WE DO AGREE TO COMMIT TO OMIT ANY PERMITTED USE OF THE PROPERTY FOR A TAVERN OR NIGHTCLUB IT TURNS OUT GOAT STANDS FOR TAVERNS AND THAT IS IN OUR NAME. HOWEVER AS WE UNDERSTAND THE UDL THE GOATS OPERATION, WOULD VERY CLEARLY BE THOSE OF A RESTAURANT OR A BAR WHICH IS PERMITTED USE UNDER OUR COMMITMENT RATHER THAN A NIGHTCLUB OR A TAVERN WHICH IS NOT PERMITTED, PARTICULARLY BECAUSE THE GOATS PRIOR OPENING AND IN THE FUTURE IF ZONING IS PERMITTED WOULD SERVE FOOD WITH ALCOHOL WHICH WE UNDERSTAND THE UDL TO BE A CHARACTERISTIC OF A RESTAURANT OR A BAR WHICH ONLY SERVES ALCOHOL. I'VE MENTIONED THIS BECAUSE WE DON'T WANT TO CHANGE OUR NAME AND I WANT IT TO BE CLEARED THE SUBSTANCE IN WHICH WE WILL BE OPERATING, SHOULD TAKE PRECEDENCE OVER THE FORM. THE FACT THAT WE HAVE TAVERN IN OUR NAME. WITH THAT I WILL CONCLUDE MY PRESENTATION. I THINK THE COMMISSION FOR ALLOWING US TO COME BACK AFTER WORKING FOR THE PAST MONTHS AND I THINK EVERYONE FOR THEIR ASSISTANCE.

THANK YOU. >> THANK YOU.

NO PUBLIC HEARING TONIGHT. I AM SORRY.

FORCE OF HABIT. I WILL GO TO THE DEPARTMENT REPORT. SO, THE PETITIONER OUTLINED ONE OF MY MISCONCEPTIONS THAT I HAD ABOUT THE WORD TAVERN AND THE WORD USING IT IN THE YOU DO. I WAS UNDER THE IMPRESSION IT WOULD ALLOW THEM TO ONLY SERVE ALCOHOL AND THAT IS INCORRECT.

FOODSERVICE IS A REQUIREMENT OF AN ALCOHOL PERMIT SO IT MUST BE A RESTAURANT AND NO MATTER WHAT IT SAYS, THE ALCOHOL PERMIT MUST HAVE A RESTAURANT COMPONENT IN ORDER TO HAVE THE ALCOHOL SERVED THERE. SO, ESSENTIALLY MY CONCERN OVER THE WORD TAVERN OR NIGHTCLUB IS NO BECAUSE IT DOES NOT MATTER IF THEY ARE A TAVERN OR A RESTAURANT BECAUSE THE NEED THAT TO HAVE THEIR PERMIT. SO, THIS WENT WITH IT WITHOUT GETTING THE COMMITMENT THAT RESTAURANT DOESN'T ALLOW FOR ALCOHOL TO BE PART OF IT. IT ALSO REQUIRED A DLS APPROVAL.

[02:45:08]

I CAN FURTHER UNDERSTAND NOW, THAT THEY DID NOT WANT TO GO WITH B7 CONSIDERING THE SIGNIFICANT AMOUNT OF VARIANCE.

SO THE V2 PROPOSAL IS ACCOMPANIED BY THE COMMITMENT TO BE MORE IN LINE WITH WHAT IT WOULD ALLOW, COULD WE HAVE SOME OF THE USES THAT WOULD HAVE LARGE GROUPS OF PEOPLE COMING SUCH AS THE PARTY. I'M NOT SURE IF EDUCATIONAL USES WERE NOT APPROPRIATE. WE COULD DO BETTER TO CLARIFY THAT THE DRIVE THROUGH FACILITIES LIKE FINANCIAL INSTITUTIONS. I DON'T THINK IT COULD OCCUR ON THIS SITE, FROM THE SIZE OF IT, AND THE SITE PLANNING BUT I THINK SOME OF THE THINGS WE COULD DO BETTER IN THESE COMMITMENTS TO MAKE THEM A LITTLE MORE TIGHT.

THEY HAVE AGREED TO FILE FOR A DEVELOPMENT PLAN WHICH WOULD GIVE THE CITY FULL OF EDIE ABILITY TO REVIEW THE PROPOSAL AND ANOTHER CHANCE TO REVIEW THE PROJECT AND SPEAK ABOUT THE PROJECT. THAT IS A GOOD THING AND I THANK YOU ALL FOR THAT. REGARDING THE SETBACKS OF B2 IT WOULD ALLOW FOR MORE OF THE SITE TO BE DEVELOPED, MORE THAN WHAT B7 WOULD HAVE ALLOWED. BUT THEY WOULD PROBABLY STILL NEED VARIANCES. I DON'T THINK WE CAN GET AWAY FROM VARIANCES IF THE SITE WAS REZONE.

FOR EXAMPLE THE LANDSCAPE REQUIREMENTS FOR RETAIL IS 30 FEET ON THE SIDE IN THE REAR WHICH WOULD BE THE PROPERTY LINES AND IF YOU TOOK THAT WHOLE BUFFER, YOU STILL HAVE LESS ROOM TO BUILD AND ENCLOSE THE SPACE. I WOULD WORRY ABOUT HAVING THAT MUCH SPACE BETWEEN THE USES SO IT MIGHT INVITE UNWANTED THINGS TO HAPPEN. HOPEFULLY WE WON'T HAVE TO DEAL WITH THAT BUT IT IS HARD TO IGNORE WHAT HAS OCCURRED.

GETTING ONTO HOW THEY WORKED WITH A LOCAL ARCHITECT, THE BUILDING ADDITION WOULD FILL THE OUTDOOR SPACE AND PROVIDE A MUCH NEEDED ADDITIONAL RESTROOM FACILITIES AND ALLEVIATE THE NOISE AND CONCERNS THAT WERE PREVIOUSLY HAPPENING OUTSIDE AT THE FACILITY. THE DESIGN IS GREAT.

I REALLY LIKE IT DOES COMPLEMENT THE EXISTING BUILDING.

I THINK IT WOULD BE NICE TO HAVE A BUILDING FRONTAGE TO COMPLETE THE STREETSCAPE AND PROVIDE A SIGNIFICANT PLACE FOR PEOPLE TO BE INSIDE AND SITTING AT TABLES TO ENJOY FOOD AND BEVERAGES.

THAT LEAVES US SATISFY WHERE WE COULD COPE MULTIPLE WAYS.

WE COULD CONTINUE THIS ONCE AGAIN, TAKE IT TO COMMUNITY TAKE IT TO THE ARCHITECTURE THAT HAS BEEN PROPOSED AS A SOLUTION TO THE CONCERNS THAT HAVE BEEN HAPPENING.

WE COULD ADJUST AND ADDRESS THE COMMITMENTS AND WE COULD WORK ON IT TONIGHT OR RIGHT NOW IF THERE WAS AN AGREEMENT AND THEN SEND IT ON TO CITY COUNCIL. WE HAD ONE PUBLIC HEARING AND WE TABLED IT FOR A SIGNIFICANT AMOUNT OF TIME.

IF WE FEEL WE NEED MORE TIME TO TALK ABOUT THE SOLUTIONS I WOULD

[02:50:02]

THANK YOU. >> ANY DISCUSSION.

I WANT TO MAKE SURE I UNDERSTAND.

LET'S SAY THIS COMES FORWARD. THIS WILL COME BACK BECAUSE THIS

IS A REZONE. >> THIS IS NOT THE DEVELOPMENT PLAN THIS IS NOT A DLS. IN ORDER FOR THAT TO HAPPEN WE WOULD HAVE TO, THE CITY COUNCIL WOULD HAVE TO APPROVE IT WITH THE COMMITMENTS BECAUSE THE B-2 ZONE DOES NOT REQUIRE A

DEVELOPMENT PLAN. >> THAT IS ONE OF THE DRAWBACKS

I ORIGINALLY SAID. >> FOR EXAMPLE, IF WE WANTED TO TIGHTEN UP THE USAGE WE WOULD NEED IT.

>> WE COULD DO THAT. >> I JUST WANT TO MAKE SURE I'M

NOT MISSING ANYTHING. >> ONE OF THE COMMITMENTS THEY AGREED TO IN BAR SERVICE AND CLOSE THEIR DOORS SO ONLY ANTERIOR SERVICE WILL OCCUR AT THAT TIME.

AFTER THAT, THE OWNER AGREES TO HOURS OF OPERATIONS THE SAME AS OTHER BARS AND RESTAURANTS LOCATED WITHIN THE CORRIDOR.

THOSE ARE THE THINGS THEY HAVE COMMITTED TO.

I DON'T KNOW IF THE SECOND ONE IS ENFORCEABLE.

>> THEY COULD HAVE ONE HOUR AND ANOTHER ONE COULD HAVE ANOTHER.

I JUST WANTED TO UNDERSTAND WHAT WE WERE DOING.

>> I CAN CLARIFY THIS BETTER. I'M SORRY FROM A DIFFERENT PERSPECTIVE. THERE WILL BE A SECOND LAYER OF REVIEW AND COUNSEL WILL REVIEW THE COMMITMENTS AND THEY CAN ADD OR REJECT THEM ALTOGETHER. THERE WILL BE CONSIDERATIONS ON A LEGISLATIVE LEVEL BUT PRETTY MUCH THE SAME DISCUSSION THAT WE

ARE HAVING HERE TODAY. >> WE HAVE NOT HEARD FROM MR. PACK AND ELLIE. BUT THE SENSE OF THIS BODY IS TO ACT ON THE REZONE PETITION THIS EVENING, WHAT IS THE WILLINGNESS TO MAKE THE COMMITMENTS ON THE SPOTS AS OPPOSED TO BUILDING UP THEIR SLEEVES AT THE COMMITTEE LEVEL.

>> WE WANT TO WORK ON IT TONIGHT.

>> ALL OF THESE COMMITMENTS WILL BE RECORDED AND WILL THEY

APPLIED TO THE SUBSEQUENT OWNER? >> THAT IS CORRECT.

>> I WOULD LIKE CLARIFICATION. WE TALKED ABOUT TAVERN, NIGHTCLUB AND RESTAURANT. YOU CAN BE CALLED A RESTAURANT TO GO HANG OUT AT THE BAR NOT HAVE FOOD.

HOW ARE WE DEFINING THE LABELS? >> LOOKING INTO IT FURTHER, THE TAVERN OR NIGHTCLUB SAYS ONLY SERVES THEM ALCOHOL.

>> I'M NOT SURE HOW IT HAPPENED BUT THEY EMERGE TOGETHER IN ONE DEFINITION. THE DEFINITION IS NOT WHAT MOST OF US THINK IT IS. IT STATES THE SAME THING AND DISPENSING ALCOHOLIC BEVERAGES FOR CONSUMPTION.

IF YOU LOOK AT THE DEFINITION OF TAVERN IS SOMETHING DIFFERENT.

IT USUALLY PROVIDES SOMETHING MORE AS OPPOSED TO A TAVERN.

[02:55:11]

SO THE RESTAURANT WOULD REALLY ENCOMPASS TAVERN AS MOST PEOPLE UNDERSTAND IT. IT IS A NO FROM ME.

>> FOR OUR PETITION HERE. I THOUGHT I HEARD THEM SAY YOU WERE WILLING TO STRIKE THE WORD TAVERN OR NIGHTCLUB.

BUT IF YOU ARE WILLING TO STRIKE IT ANYWAY -- MY ONLY CONCERN IS CLEARLY YOU ARE A TAVERN BECAUSE IT IS IN YOUR NAME.

WE JUST WANT TO ESTABLISH WE DON'T WANT TO DO BUSINESS AS A TAVERN AS DEFINED IN THE YOU DL BUT WE DON'T WANT TO TAKE THE

WORD TAVERN OUT OF OUR NAME. >> THERE ARE A LOT OF DEFINITIONS SO WE WILL ADD THIS TO THE LIST.

>> RACHEL ALLUDED TO SOME OF THE OTHER CANDIDATES FOR EXCLUSION AND I WILL WEIGH IN. MOST OF THESE ARE DUE TO CHALLENGES OF THE SITE. I WOULD ASK IF THE PETITIONER IS WILLING TO STRIKE THESE USES FROM THE LIST.

INDOOR THEATER BECAUSE THE CRIES -- CROWDS LEAVE IT ONE TIME.

>> I AGREE. >> LET ME ASK A QUESTION.

I THOUGHT I SAW IN THE PACKET YOU SENT A LIST OF USES THAT

WERE ALL READILY TAILORED. >> I THINK IT WAS THE CURRENT DECLARATION OF COVENANTS THAT WE NEGOTIATED.

WE ARE HAPPY TO WORK ON THAT TONIGHT.

>> DO WE HAVE A COPY TO PUT ON THE VIDEO BOARD?

>> CAN WE BORROW THAT WHEN. >> THE LIST OF B2 IT ... ARE

LONG. >> I THOUGHT THEY AGREED TO

TAILOR THE LIST. >> THEY DID AND WE ARE WORKING ON IT. BUT FOR EXAMPLE ON THIS LIST, WE DON'T HAVE DEFINITIONS FOR THOSE.

THOSE FALL UNDER ARTISTS SO THERE IS -- THEY CHANGED IT THERE IS AN UPDATED VERSION THAT DOES THE PERMITTED USE WHICH TALKS ABOUT THAT AND THAT ALLOWS FOR PUBS SPIRIT.

>> THE NEWEST WON AS THE INDUSTRIAL ON IT, I BELIEVE.

>> THIS IS THE CURRENT ONE. >> I WANT TO MAKE SURE WE HAVE THE SAME BLISS. WE HAVE BEEN CONTINUALLY WORKING

ON A. >> THIS JUST TO CLARIFY THIS IS PERMITTED USES. BY OMISSION IF IT IS NOT ON THE

LIST IT IS NOT PERMITTED USE. >> I HAVE AN OKAY ON INDOOR THEATER. MEETING OR PARTING AS BEEN

STRICKEN BY THE PETITIONER? >> CORRECT.

>> ALL THREE EDUCATION PERMITTED USE, DUE TO THE DROP OFF AT DEPARTURES, I WOULD LIKE THE% EDITION OF THE ARTISAN AND INDUSTRIAL I THINK IT SUITS THE SITE AND THE CONTEXT AND ASSUMING WE CORRECT THE TYPO. INSTITUTIONAL PERMITTED USE, HARD TO ENVISION THE POSTAL SERVICE DOING ANYTHING THAT WOULD ENHANCE ITS SERVICE BY PUTTING AN OFFICER.

>> ALREADY HAVE A LOVELY POST OFFICE BUT WE DON'T WANT TO

CLOSE THE DOOR. >> I AM NOT SURE EACH USE, I WOULD PREFER TO SEE THOSE STRICKEN.

THANK YOU. THIS ALL SEEMS TO MAKE SENSE RECREATION PERMITTED USES THIS GETS TO THE HEART OF THE ISSUES

[03:00:02]

CAN YOU GIVE US A SENSE OF. >> THAT MAY FIND THE DEFINITION BUT IT IS A ONE DAY PERMIT YOU WOULD GET FOR AN EVENT.

>> A SMALL WEDDING RECEPTION. >> ACCESSORY PERMITTED USE.

HOW WOULD WE ENCOMPASS, OR WHERE IS THE USE I WOULD DESCRIBE AS AMAZON LOCKERS BUT IF THIS EXPANDS BEYOND THE AMAZON BRAND, HOW MIGHT WE ALLOW FOR THAT TYPE OF USE AND WHAT IS THE LABEL WE

WILL USE. >> WE ARE NOT CONTEMPLATING

AMAZON LOCKERS AT THAT GOAT. >> IT JUST MAY BE ACCESSORY TO RETAIL. MAY BE THINKING THAT IF THE AMAZON TRUCK CAN MAKE 20 DELIVERIES THAT IT MAY BE A GOOD THING? OKAY, THAT IS IT ON THE USE RESTRICTIONS. WHILE I HAVE THE FLOOR I WILL JUMP AHEAD TO THE LAST SENTENCE. THE OWNER AGREES TO CLOSE EXTERIOR SO ONLY EXTERIOR WILL OCCUR AT THAT TIME.

I AM LESS CONCERNED ABOUT FOOD AND BAR SERVICE AS THE PRESENCE OF PATRONS OUTDOORS AFTER A CERTAIN HOUR.

I DON'T KNOW IF IT HAS TO BE 10:00 P.M., BUT CAN WE SHIFT THE

FOCUS. >> I BELIEVE THE ARCHITECTURAL IMPROVEMENTS WOULD MITIGATE THAT ISSUE IN TERMS OF CLOSING SPACES AND ADDING ADDITIONAL ON-SITE BATHROOMS AND THE PROBLEMS THAT

WE KNOW ABOUT FROM LAST SUMMER. >> I LIKE THAT.

WE ARE NOT DEALING WITH A DLS TONIGHT.

THOSE CHANGES ARE NOT ON THE TABLE.

WHAT CAN WE DO IN THIS COMMITMENT TO RESTRICT OUTDOOR, THE PRESENCE OF PATIENTS AFTER CERTAIN HOURS.

>> I AM NOT SURE BUT I WOULD BE HAPPY TO FIND A SOLUTION.

ARE YOU REFERRING TO MOTORING? IF YOU CUT OFF SERVICE, YOUR PATIENTS ARE STILL THERE YOU STILL HAVE A PACKED HOUSE OUTDOORS SPIRIT IT'S NOT SO MUCH THEY ARE BEING SERVED IT IS JUST

THEY ARE THEIR MAKING NOISE. >> ASKED MY CLIENT.

>> MY KNEE-JERK WOULD BE THIS PROBLEM WOULD BE THEY WOULD HAVE THE PROBLEM AS WELL BUT I GUESS THEY HAVE THOUGHT ABOUT THIS

MORE THAN I HAVE. >> AND YOUR CLIENT IS HERE

TONIGHT. >> THE INTENT IS, IF YOU STOP SERVING FOOD AND BEVERAGE IT IS EASIER TO CLEAR THEM OUT.

WE WILL HALT ALL EXTERIOR SERVICE AND PUSH THEM OUTSIDE BY SERVING THEM OR TELLING THEM THEY NEED TO GO INSIDE.

IT WOULD BE THE SAME. >> WHY DON'T WE SAY THAT.

>> WE CERTAINLY CAN. >> I THINK WHAT HE IS GETTING AT, AND NOT BEING AN OPERATOR THAT HE'S NOT MAKING THE POINT.

THEY WILL BE OUT THERE UNTIL 10:30 P.M.-11:00 P.M.

NOT JUST QUIT SERVING BUT WILL THEY GO INDOORS.

[03:05:02]

RIGHT NOW THERE'S AN OUTDOOR PROBLEM.

YOUR ARCHITECTURE MAY ALLEVIATE THOSE FEARS BUT THAT NOT ON THE

TABLE TO SEE. >> WE HAVE WORKED WITH THEM ON THIS AS WELL AS THE NEIGHBORS. THE INTENT IS TO HAVE EVERYTHING CLEARED OUT BY 1045. THAT IS WHY WE SAID 10:00 P.M.

AND WE WOULD TAKE THAT TIME TO GET PEOPLE CLEARED OFF OF THE PROPERTY KNOWING EVERYTHING WOULD BE DONE BY 11:00 P.M. AS OPPOSED TO MAYBE 10:00 P.M. WEEKDAYS OR MIDNIGHT.

WE JUST SAID WE WILL STOP SERVING.

THAT IS CONSISTENT WITH MIDTOWN GREENWAY.

>> SO CAN YOU GIVE US SOME LANGUAGE?

>> I WOULD BE HAPPY TO DO THAT. WHATEVER IS THE PREFERENCE.

I'M HAPPY TO GRAB SOMETHING RIGHT NOW.

>> THE PERMITTED USES. LET ME UNDERSTAND.

ARE YOU STILL GOING THROUGH THIS WITH THEM OR ARE WE SAYING WE NEED TO STRIKE CERTAIN THINGS. THERE ARE A COUPLE ON HERE, THAT WE NEED TO ADDRESS, DRY-CLEANING IS THAT STRICKEN? OKAY DO WE WANT A CAR LOT THERE? I UNDERSTAND WE ARE DEALING WITH

A SMALL PARCEL OF LAND. >> I UNDERSTAND.

YES. >> THERE'S A LOT OF STUFF WE

HAVEN'T TALKED ABOUT. >> WE ARE UNDER A FEW PERMITTED

USE RIGHT NOW. >> I WILL BRING UP ONE UNDER RETAIL AND SERVICE, SPECIALTY MARKET RETAIL I DON'T KNOW IF WE

HAVE THAT AS A CLASSIFICATION. >> THIS WOULD FALL UNDER RETAIL.

>> JUST TAKEN OUT AND GENERAL RETAIL SERVICE THAT WOULD BE

GOOD. >> CAN ANYONE READ MY HANDWRITING. I WOULD BE HAPPY TO READ IT INTO

THE RECORD IF NOT. >> OKAY, SO HE HAS GIVEN US THE LOWER YEARS WARNING I DON'T KNOW HOW, I MEAN, THAT BUT THE COMMISSION NEEDS TO DECIDE IF REASONABLE STEPS ARE ENOUGH OR

IF WE WANT NO PATRONS OUTSIDE. >> REASONABLE STEPS WILL GET US THERE IT HAS TO BE A COMMITMENT. WHEN YOU START DOING SOMETHING IN THE RESTAURANT AND BAR BUSINESS, IF YOUR GOAL IS THIS, IT IS ALWAYS LATER. REASONABLE WOULD MEAN WELL WE

TRIED BUT THEY DID NOT LEAD. >> IT IS OUTCOME NOT EFFORT.

REASONABLE HAS TO GO AWAY. >> I BELIEVE A MR. PAUL HAS MADE MENTION OF THIS. WOULD YOU COMMIT TO A HOTLINE IF THERE'S A PROBLEM, THERE'S A SPECIFIC PHONE NUMBER FOLKS CAN

CALL TO GET YOUR HELP. >> I DON'T KNOW IF IT WILL BE APPROPRIATE BECAUSE WE ARE ALL MEETING USE BUT I'M NOT SURE IF

THIS IS THE DOCUMENT. >> THE LAST SENTENCE IS A

COMMITMENT. >> THIS IS A COMMITMENT DOCUMENT

NOT JUST A USE DOCUMENT. >> I HAVE A QUESTION ON THE CLOSING. I HAVE A EMERGENCY ROOM DOCTOR AFTER MIDNIGHT. IS THERE A POSSIBILITY OF HAVING

[03:10:03]

-- >> OUR BELIEF IS WE SHOULD NOT HAVE ANYTHING THAT PUTS US AT A DISADVANTAGE.

>> I WOULD STILL WANT IT. THE OTHER QUESTION HOW DO YOU CONTROL PEOPLE COMING IN BUYING A DRINK AND THEN STANDING OUTSIDE. HOW DO WE CONTROL THAT.

>> WE CONTROL IT THE WAY THE OTHER BARS DO BY NOT ALLOWING

PATRONS TO TAKE DRINKS OUTSIDE. >> IS THAT LEGAL? ATTACHED NOT THE EFFORT TO CONTROL IT.

>> OPEN CONTAINER IN THE LAW ALLOWS YOU TO PURCHASE GRAB AND GO IN THE ORIGINAL CONTAINER. A CAN OF MILLER LIGHT YOU CAN BY IT AND WE AGREED, DECEMBER OF LAST YEAR THAT WE WOULD STOP ALL CARRY OUT SERVICE AND WE DID IMMEDIATELY.

EVERYONE ELSE STILL HAS THE ABILITY TO DO THAT.

BUT WE WOULD NOT CHANGE OUR OPERATIONS.

I DON'T WANT ANYONE TAKING PRODUCT OUT.

>> IS THAT ALREADY ON THE RECORD?

>> I DON'T THINK SO. >> LET'S QUANTIFY IT PLEASE.

>> KEVIN, DO YOU KNOW WHAT TIME THE RESTAURANTS AROUND YOU CLOSE? (SPEAKING AWAY FROM MICROPHONE).

>> CAN WE ADD SOMETHING, WE REALLY LIKE THE ARCHITECTURE, CAN WE PUT SOMETHING IN THAT SAYS SUBSTANTIAL COMPLIANCE TO

ENCLOSE THE SPACE? >> THAT IS WHY WE PAID FOR IT.

I WOULD REALLY HATE TO SEE THAT NOT HAPPEN I BELIEVE IT IS IN TRICKLE TO ADDRESSING THE CONCERNS WITH THE OUTSIDE PATIENT. IF WE ENCLOSE IT THEY WON'T BE

OUTSIDE. >> HE RAISED AN IMPORTANT QUESTION. IF THAT RUNS WITH THE LAND AND TWO OWNERS LATER THEY DECIDE THEY DON'T WANT A BAR THERE AND THEY WANT TO TEAR IT DOWN, THIS WILL INFLUENCE PROPERTY VALUES

AMONGST OTHER PROBLEMS. >> TOO THAT POINT, I THINK YOUR PLANS ARE IMPROVED AND I THINK THAT IS A BIG PART OF THIS.

BUT THEY ARE REQUIRED TO COME BACK FOR PLAN APPROVAL COULD WE OFFICIALLY APPROVE THAT AND IF THEY WERE TO COME BACK TO SOMETHING WE COULD STILL SAY NO AT THAT.?

>> MAYBE IT'S NOT HERE. BUT ON THE RECORD WE REALLY LIKE IT AND WE WANT IT TO GO TOWARDS THAT.

WE ARE ALSO VERY HAPPY WITH IT. I'M SORRY BUT WE DID CLOSE THE PUBLIC HEARING. WE DO HAVE YOUR LETTER AND OTHERS AND THE PUBLIC HEARING WILL REOPEN IF THIS ADVANCES TO THE COUNCIL. (SPEAKING AWAY FROM MICROPHONE).

>> I APPRECIATE YOUR INTEREST BUT THE PUBLIC HEARING IS CLOSE

FOR THIS MATTER. >> MR. PRESIDENT.

>> I DO WANT TO POINT OUT, WITH ALL OF THE NEW DRAWINGS, I AM GOING TO AGREE WITH YOU AND THAT IS ONE REASON I AM NOT PUSHING THIS TO COMMITTEE THAT I KNOW THERE WILL BE A PUBLIC HEARING

[03:15:04]

ANYTHING YOU ARE FEELING RIGHT NOW YOU WILL BE ABLE TO SAY AT COUNSEL. OTHER RESTRICTIONS, BECAUSE THIS IS A REZONED, WE CAN SET OUR TERMS.

>> CAN WE DEFINE OUT LATE WE WILL BE OPEN?

>> THE HOURS OF OPERATION. WHAT ARE YOU COMMITTING TO FOR YOUR HOURS OF OPERATION? ANSWER CURRENT COMMITMENT, --

(SPEAKING AWAY FROM MICROPHONE). >> ADMIRALS AND PROCEDURES REQUIRE ALL COMMENTS BE ADDRESSED TO THE COMMISSION THAT

APPLIES TO EVERYONE. >> THE CURRENT COMMITMENTS DO NOT IMPOSE HOURS OF OPERATION EXCEPT OUTDOOR SERVICE.

OUR BELIEF IS WE SHOULD NOT HAVE LIMITS ON THE HOURS OF OPERATIONS FOR THE NEIGHBORS ACROSS THE STREET OR 100 FEET

AWAY DON'T HAVE TO HONOR. >> MR. PRESIDENT.

>> I WANT TO POINT SOMETHING OUT.

MY BIGGEST PROBLEM IS I DID NOT FEEL WE COULD DO ANY RESTRICTIONS BUT THIS IS A RESULT WE CAN RESTRICT WHATEVER WE WANT. TSX Q DO YOU HAVE AN IDEA OF WHAT YOUR HOURS WILL BE WE ARE NOT ASKING FOR A RESTRICTION, WHAT DOES HE THINK THE HOURS WILL BE? AS I WASN'T ANSWERING HIS QUESTIONS AND ANSWERING HER

QUESTIONS. >> I'M NOT ASKING YOU UNMASKING

MR. PAUL. >> 1:00 P.M. ON WEEKENDS EXCEPT HOLIDAYS. WE WOULD BE OPEN LATER.

>> I AM SORRY WHAT IS LATER? >> ARGUE OPEN DURING THE WEEK UNTIL MIDNIGHT AND IF IT IS A HOLIDAY IT'S DIFFERENT IS THAT WHAT YOU ARE COMMITTING TO RIGHT NOW?

>> THAT IS WHAT I WAS ASKING. >> DOES EVERYONE AGREE WITH

THOSE HOURS? >> I SAID 12:30 P.M.

>> 12:30 P.M. DURING THE WEEK (SPEAKING AWAY FROM MICROPHONE).

>> THAT IS WHEN YOU ARE DONE SERVING?

>> PEOPLE CAN STILL BE IN THE ESTABLISHMENT UNTIL 3:00 A.M.?

>> YES. >> SUE AND I ARE NOT UP AT THAT HOUR SO WE ARE TRYING TO WRAP OUR HEADS AROUND THAT.

AGAIN, YOUR WILLINGNESS TO COMMIT TO THE HOURS.

>> I LIKED MIDNIGHT DURING THE WEEKEND WHEN EM DURING THE

WEEKEND. >> WE KNOW WHAT THE OTHER ADJACENT BARS HAVE AS THEIR CLOSING TIMES?

>> YOU SAID MIDNIGHT AND 1:00 A.M. THAT IS WHAT YOU

ALREADY SAID. >> BEFORE THAT BLOCK, IF SOCIAL PLANS TO OPEN ON WEEKDAYS OR WEEKENDS THEN 12:00 A.M. MAKES SENSE ON THE OTHER SIDE OF THE STREET.

(SPEAKING AWAY FROM MICROPHONE). >> STEP UP TO THE MICROPHONE.

>> WHEN WE CLOSED EARLY THEY JUST WALKED BACK ACROSS THE STREET OR GOAL BY A BEER AND WALK AROUND.

I DON'T WANT TO PUT MYSELF AT A DISADVANTAGE FROM A COMPETITIVE BUSINESS PERSPECTIVE BUT I THINK BETWEEN 12:00 A.M. AND 1:00 P.MS REASONABLE THAT IS CONSISTENT -- --

>> YOU KNOW ANYONE WHO WALKS IN AFTER MIDNIGHT YOU ALMOST DON'T WANT TO SERVE THEM ANYWAY.

>> OTHER COMMITMENTS THAT THIS BODY WANTS TO SEEK TONIGHT AS A

[03:20:02]

-- >> WHAT IS A COMMITMENT ON OUTDOOR MUSIC? WILL THERE BE ANY OUTDOOR MUSIC? AS PART OF THE SOLUTION WE ARE COMING UP WITH IS TO ENCLOSE THE AREA SO THERE WOULD NOT BE ANYMORE OUTDOOR SPACE.

>> BUT OUTDOOR SPEAKERS TURN OFF WHEN YOU TAKE EVERYONE INSIDE? SPEAKERS OFF AT 10:00 P.M. ITOO- WILL DRIVE PEOPLE INSIDE.

>> I AM MORE THAN WILLING TO TURN SPEAKERS OFF AT 10:00 P.M.

I WAS WILLING TO GO FURTHER BUT I WAS ASKED NOT TO.

10:00 P.M. OUTDOOR SPEAKERS OFF IS GREAT.

>> WE ARE MAKING ALL OF THESE RULES AND STIPULATIONS, WHAT ARE THE REPERCUSSIONS IF SOMETHING IS NOT FOLLOWED THROUGH?

WHAT HAPPENS? >> CODE ENFORCEMENT WILL VISIT THEM AND TALK TO THEM ABOUT COMPLIANCE AND WHAT THEY SAID

THEY WOULD DO. >> IT WOULD NOT BE CODE ENFORCEMENT THE LEGAL DEPARTMENT WOULD BE ABLE TO ENFORCE IT THROUGH THEIR AUTHORITY. SINCE YOU MADE COMMITMENTS AND THEY ARE APPROVED BY COUNCIL IT WOULD BE THE CITY WHO ENFORCES IT. IT MAY BE THROUGH A COLD ENFORCEMENT MECHANISM BUT IT WILL ULTIMATELY COME FROM THE

LEGAL DEPARTMENT. >> THE FIRST LINE OF DEFENSE WOULD BE CALLS TO THE DEDICATED PHONE NUMBER WE HAVE IN PLACE.

>> I WOULD ASSUME YES. MOST CASES OF THAT NATURE WILL BE RESOLVED BEFORE ANY LEGAL ACTION.

>> I HAVE ANOTHER QUESTION, SINCE YOU ARE NEXT TO RESIDENTIAL, WOULD YOU BE OPPOSED TO TURNING THE SOUND OFF AT 9:00 P.M. INSTEAD OF 10:00 P.M.? THANK YOU. (SPEAKING AWAY FROM MICROPHONE).

>> THAT IS GREAT. LET'S HAVE NO OUTDOOR SPEAKERS.

(SPEAKING AWAY FROM MICROPHONE). >> WONDERFUL, THANK YOU.

>> PART OF THE EXERCISES WE DON'T KNOW WHAT WE DON'T KNOW.

ABOUT THE PROCESS IS NOT DONE. THE COUNCIL WOULD BE OUR NEXT -- IF WE SEND THIS TO THE COUNCIL, WELL WE HAVE TO SEND THIS TO THE COUNCIL REGARDLESS OF WHAT WE DO.

THAT IS THE NEXT LINE NEXT LINE OF DEFENSE.

AS I SAID MANY MONTHS AGO THE COUNCIL HAS A LOT MORE TOOLS AT ITS DISPOSAL. THIS BODY DOES.

AND PROBABLY A LOT MORE ACCOUNTABILITY, FRANKLY.

>> I WILL MAKE A MOTION WE SEND THIS TO THE CITY COUNCIL WITH A FAVORABLE RECOMMENDATION WITH THE COMMITMENTS WE HAVE ADDED

AND CHANGED TONIGHT. >> SECOND.

>> THANK YOU, I WAS CHECKING THE WRITTEN ADDITIONS UP THERE.

WE HAVE A MOTION BEFORE US. ALL IN FAVOR SAY AYE.

ANY OPPOSED? THE MOTION CARRIES THIS WILL

[03:25:06]

>> THANK YOU DO I HAVE THE ONLY DOCUMENTATION OF WHAT WE

DISCUSSED TONIGHT? >> WE HAVE A VIDEO RECORD.

AND I KNOW HE TAKES NOTES. >> SOMETIMES MY BRIEFCASE CAN BE A SCARY PLACE I DON'T WANT TO WALK OFF WITH THE EVIDENCE.

>> THANK YOU KEVIN, TONY INTIME THERE IS NO OTHER BUSINESS ON THE AGENDA. SO WITH MY WISHES FOR A VERY SAFE AND HAPPY HOLIDAY WE WILL SEE EVERYONE BACK IN 2022 AND HOPE IT IS A BETTER YEAR.

* This transcript was compiled from uncorrected Closed Captioning.