Aug 19, 2025 Carmel Plan Commission

[A. Call Meeting to Order]

[B. Pledge of Allegiance]

[00:00:16]

COMMISSION. WILL YOU PLEASE RISE FOR THE PLEDGE OF ALLEGIANCE?

[C. Roll Call]

[D. Declaration of Quorum]

[E. Approval of Minutes]

>> SECOND. >> THANK YOU. A MOTION AND SECOND. ALL THOSE IN FAVOR OF APPROVING THE JULY MINUTES FROM OUR MEETING, PLEASE SAY AYE. ALL POST? HEARING ON. THE MINUTES ARE APPROVED. WE HAVE COMMUNICATIONS BILLS, AND -- I

[G. Reports, Announcements & Department Concerns]

>> NOTHING TO REPORT. >> THANK YOU. I WILL TURN TO OUR DEPARTMENT FOR THE REPORTS, ANNOUNCEMENTS AND DEPARTMENT

CONCERNS. RACHEL? >> THANK YOU. JUST TO RECAP FOR YOU, THE OUTCOME OF THE PROJECTS AT THE LAST COMMITTEE MEETING, THE MINOR SUBDIVISION WAS APPROVED, A -0. AND THEN THE HOMEPLACE SUBAREA PLAN, COMPREHENSIVE PLAN AMENDMENT WAS -- SEPTEMBER 2ND. AND THE U.S. 31 SIBERIA PLAN CONFERENCE OF PLAN AMENDMENT WAS ALSO DISCUSSED AND CONTINUED TO SEPTEMBER 2ND. AND NOW I THINK I WILL TURN IT TO ADRIAN.

>> I WANT TO TURN INTO YOUR AGENDA THAT ITEM NUMBER THREE WILL HAVE A RULE SUSPENSION OF THE PUBLIC NOTICE REQUIREMENTS.

THAT IS PZ 2025- 0061. WE WERE ABLE TO MAKE A 12 DAY NOTICE REQUIREMENT INSTEAD OF THE PROCEDURES REQUIRED TO 21 DAYS.

HOWEVER, WE DID MEET THE STATE STATUTE REQUIREMENT OF 10 DAYS

TO HERE THIS EVENING. >> WHEN WE GET THE ITEM ON THE

AGENDA. >> EITHER WAY IS FINE. IT WOULD MAKE SENSE TO DO IT RIGHT BEFORE YOU CONSIDER IT.

>> THANK YOU VERY MUCH. ANY OTHER DEPARTMENT CONCERNS?

[H.1. Docket No. PZ-2025-00130 DP: Gramercy – Areas E & F.]

FLOOR IS YOURS. >> LAND-USE PROFESSIONAL FRANKENBERGER. WE REPRESENT THE APPLICANT. THE ATTORNEY WITH OUR OFFICE. THIS IS A BIT OF A UNIQUE ITEM. IT IS DP ONLY.

PRIMARY PLANT LEVEL OF DETAIL FOR THE DEVELOPMENT OF 112 TOWNHOMES ON THE REAL ESTATE D.C. OUTLINED IN YELLOW. THAT REAL ESTATE IS SOUTH OF WHERE DAVID WEEKLY HAS THIS -- CONSTRUCTED TOWNHOMES AND SINGLE FAMILY HOMES TO THE NORTH. IT'S WRAPPED AROUND BY EXISTING THAI FAMILY BUILDINGS THAT ARE A PART OF GRAMERCY. THIS IS KINZER AVENUE. KINZER AVENUE TERMINATES JUST NORTH OF THE EVENT CENTER PROPERTY . THE EXTENSION OF KINZER DOWN TO CARMEL DRIVE IS PENDING. THE CITY IS AN ACQUISITION RIGHT NOW. THERE IS A DOUBLE ROUNDABOUT THAT WILL ELIMINATE THE SIGNAL AT AAA WAY. AND THEN TO THE EAST ESSENCE TRAFFIC NORTH. UP KINZER , ALONG CARMEL DRIVE IN THE FUTURE. BUT THIS REAL ESTATE IS NINE ACRES. IT'S BOTH ON THE EAST SIDE OF

[00:05:03]

IT COMPLETES THE TRANSITION IN THIS SPACE ALONG KINZER AVENUE .

THE PLANNING COMMISSION REVIEWED EARLIER THIS YEAR THE DEVELOPMENT OF MULTI FAMILY AND TOWNHOMES ALONG 126TH STREET.

AGAIN, THIS WOULD BE 44 DWELLINGS ON THE SIDE AND 68 UNITS ON THE WEST SIDE OF THIS STREET. I'VE GOT AN OVERALL EXHIBIT . AN OVERALL EXHIBIT IS INCLUDED IN THREE OF YOUR BROCHURES. CHOSE THE AREA THAT WE JUST TALKED ABOUT, THE MULTI FAMILY TOWNHOMES, THE ADDITIONAL 44 AND 68 TOTAL DRAWINGS WITH OPEN SPACE FOR HOW THIS LOOKED ON THE GRAMERCY MASTER DEVELOPMENT PLAN THAT CAME AS A TEXT AMENDMENT TO THE PUD. I THINK IT WAS IN LATE 2003 AND THAT CONNECTION IN KINZER IS SHOWN. CARMEL DRIVE, KINZER, DOWN TO CARMEL DRIVE . THE PLANNING COMMISSION WILL SEE AT A LATER DATE. A DLS, WHICH WILL BE THE ACTUAL DWELLINGS. THERE WILL BE FOUR-STORY TOWNHOMES.

BUCKINGHAM DOES NOT HAVE A CONTRACT WITH AN INDIVIDUAL BUILDER. THEY ARE JUST GOING TO DELIVER THE DEVELOPMENT SITE READY FOR CONSTRUCTION OF THE TOWNHOMES IN THE AREA .

BUCKINGHAM WILL EITHER BE THE CONTRACTOR ON THE PATTERN HE CITES OR THAT WOULD BE A THIRD-PARTY THAT WOULD DEVELOP THE NINE ACRE SPACE AND BUILD THE TOWNHOMES ON THE REAL ESTATE. AT A FUTURE DATE THE BUILDING DESIGN, THE ARCHITECTURE FOR THE HOMES TO BE CONSTRUCTED. BOTH , FOR BENEFIT OF INFORMATION, BOTH ALONG THE SPACE OF 126TH IN THESE AREAS THAT ARE SUBJECT TO TONIGHT'S MEETING. NOT A LOT OF PRETTY PICTURES TO SHOW YOU. BUT THE PLANS ARE INCLUDED IN THE SUBMITTAL. THE STAFF HAS REVIEWED THE ENGINEERING PLANS AND WE HAVE GONE THROUGH TECHNICAL REVIEW WITH THE ENGINEERING DEPARTMENT. WHEN WE ARRIVED THIS EVENING RACHEL HAD ASKED US IF WE COULD UPDATE THE PLAN COMMISSION ON A CONNECTION TO ALLMAN DRIVE. AND IF YOU ARE NOT AWARE, IT IS THE PUBLIC STREET THAT EXISTS, RIGHT THERE. WITHIN THE AREA TO OUR EAST.

EXCUSE ME, TO THE WEST. THAT CONNECTS A BIT OFF OF THE PAGE.

FOR FURTHER TO THE WEST. THE OVERALL GRAMERCY MASTER PLAN CONTEMPLATED THE CONNECTIONS IN A COUPLE OF DIFFERENT LOCATIONS.

HOWEVER, THE LOCATION TO THE SOUTH THAT YOU SEE IDENTIFIED, HERE, WOULD CROSS OR REQUIRE POTENTIALLY THE REMOVAL OF AN EXISTING HOME -- CITY ENGINEER DIDN'T FEEL LIKE THAT WAS PALATABLE. IN THE AREA TO THE NORTH, RIGHT HERE, IS AN EXISTING ACCESSORY BUILDING. A GARAGE STRUCTURE IN THE WAY OF MAKING A CONNECTION AT THAT LOCATION. LOGICAL LOCATION WOULD BE THROUGHOUT THE PARKING FIELD THAT EXISTS, RIGHT HERE. THE ENTRANCE WOULD BE , RIGHT THERE, AUNT ALMOND . IT WOULD COME THROUGH INTO THIS SITE. ADDITIONAL DISCUSSION WITH STAFF. THEY WANTED TO SEE THE APPLICANT OFFER AN ACCESS EASEMENT FROM WHERE THE PROPERTY TERMINATES HERE, JUST EAST OF ALMOND OVER TO KINZER. AND THE APPLICANT IS AGREEABLE TO THAT.

WE WOULD ASK THAT THE PLAN COMMISSION AT THE TIME OF THE ADOPTION TO CONSIDER APPROVAL TO CONSIDER A CONDITION FOR THE APPROVAL AND THAT CONDITION WOULD BE THAT THE APPLICANT, ONE, PROVIDE A VEHICULAR ACCESS EASEMENT BETWEEN KINZER AND ALLMAN DRIVE. AND TWO, AGREE TO THE CITY THROUGH THE ENGINEERING DEPARTMENT TO CONSTRUCT THAT POINT OF CONNECTION BETWEEN THE PARKING FIELD AND ALLMAN DRIVE. AND I THINK THAT'S CONSISTENT WITH THE DISCUSSIONS TO DATE WITH ENGINEERING. HE DEFTLY WANTS TO GET ON THAT, TO BE ON RECORD. IN THE EVENT THAT THE PLANNING COMMISSION FOR LIKE IT WAS APPROPRIATE, EITHER THIS EVENING OR THE COMMITTEE MEETING, STAFF HAS ADJUSTED POTENTIALLY BECAUSE THEY'RE FULLY ADDRESSED WITH THE EXCEPTION OF WHAT I JUST DESCRIBED WITH THE PLANNING COMMISSION. CONSIDERING APPROVAL OF THE DP THIS EVENING. WE ARE NOT NECESSARILY ASKING THE PLANNING COMMISSION TO DO THAT.

IT WAS APPROPRIATE AND THEY BROUGHT UP TO US THIS EVENING.

AND WE WOULD BE AGREEABLE TO THAT IF THE PLANNING COMMISSION DIDN'T HAVE ADDITIONAL ITEMS THAT THEY FELT LIKE WERE NECESSARY TO REVIEW AT A SECOND MEETING. WITH THAT WILL ADDRESS QUESTIONS HE MIGHT HAVE IN BUCKINGHAM AND I WILL BE GLAD TO ADDRESS ANY ADDITIONAL QUESTIONS.

>> THANK YOU VERY MUCH. THIS IS A PUBLIC HEARING. BY SHOW OF

[00:10:04]

>> GREAT. THANK YOU. I LIVE IN THE GRAMERCY WEST NEIGHBORHOOD.

THANK YOU FOR THE OPPORTUNITY TO SPEAK TODAY. AFTER LAST TIME I WAS HERE I HAVE BEEN IN COMMUNICATION WITH THE ATTORNEY WHO JUST SPOKE, REPRESENTING BUCKINGHAM. AND ALSO EMPLOYEES REPRESENTING BUCKINGHAM REGARDING THE PREVIOUS CONCERNS THAT I HAD RELAYED. HOWEVER, A LACK OF CLARITY STILL REMAINS ON THOSE ISSUES. WHICH IS WHY I AM HERE TODAY . I WOULD LIKE TO SUGGEST THAT DEVELOPING OF THIS PROJECT , WHICH I THINK COULD BE A GOOD INCOME A GREAT THING IN MANY RESPECTS . I WOULD REQUEST THAT THIS DEVELOPMENT BE PAUSED UNTIL THE ISSUES THAT GRAMERCY WEST HAVE BEEN FULLY RESOLVED. MAKING SURE THAT THE FIRST PROJECT HAS BEEN SUCCESSFULLY COMPLETED PRIOR TO MOVING ON TO THIS ADDITIONAL PROJECT. AND I THINK EVERYONE CAN UNDERSTAND THE LOGIC OF THAT . I BROUGHT VISUALS TO AID THE PLANNING COMMISSION IN UNDERSTANDING THE CURRENT CHALLENGES, FOR LACK OF A BETTER WORD, OF THE GRAMERCY WEST OPPONENT. I WILL BE HAPPY TO PROVIDE THOSE PHOTOS TO THE COMMISSION SEAWALL CAN REVIEW THEM. THIS IS THE FIRST PHOTO. THIS IS OF A CURB IN GRAMERCY WEST NEIGHBORHOOD . THAT HAS BEEN SHATTERED AND UNPREPARED FOR QUITE SOME TIME. THAT IS JUST AN EXAMPLE OF ONE OF THE CHALLENGES THAT THE NEIGHBORHOOD IS FACING HAS BEEN UNRESOLVED.

HERE IS ANOTHER EXAMPLE OF THE DIFFERENT CURB. THIS IS PART OF THE NEWEST CONSTRUCTION OF THE GRAMERCY WEST NEIGHBORHOOD .

THERE ARE MANY EXAMPLES OF THIS THROUGHOUT THE NEIGHBORHOOD.

THIS ALSO REPRESENTS THE LANDSCAPING FOR THE NEWEST PART OF THE DEVELOPMENT . WHAT YOU ARE SEEING HERE IS SOME GRASS SEED HAS BEEN THROWN DOWN AND THERE IS SOME NETTING THERE.

THAT IS PRETTY MUCH WHERE WE ARE AT FOR THE GRASS AREA WITH THIS NEWEST DEVELOPMENT WITHIN THE NEIGHBORHOOD. AND OBVIOUSLY TO PROPERLY RESOLVE THIS , AND THIS GOES FOR ALL THE AREAS THAT I WILL SHOW YOU, IT IS POSSIBLE FOR THIS TO BE RESOLVED . I BELIEVE WE CAN RESOLVE THIS AMICABLY. NOW THIS IS THAT THE ONLY WAY TO DO IT. FOR INSTANCE, THIS AREA NEEDS TO BE DUG UP.

TOPSOIL NEEDS TO BE LAID. IRRIGATION NEEDS TO BE PUT IN.

NEW SOD NEEDS TO BE LAID AND THAT IT NEEDS TO BE WATERED AND CARED FOR BY QUALIFIED STAFF. THIS IS ANOTHER EXAMPLE IN THE NEIGHBORHOOD OF THE CONDITION THAT THE NEIGHBORHOOD HAS BEEN LEFT IN FROM THE COMMON AREAS. HERE IS ANOTHER EXAMPLE OF THE CURRENT CONDITION OF THE NEIGHBORHOOD . THIS ONE IS REALLY QUITE SHOCKING. THIS IS A REPAIR JOB THAT WAS RECENTLY DONE. THAT IS DEAD SOD THAT HAS BEEN LAID DOWN TO KIND OF COALESCE, IF YOU WILL, WITH THE REST OF THE ENVIRONMENT. I JUST

[00:15:09]

>> THANK YOU VERY MUCH. WITH THE NEXT PERSON PLEASE COME UP AND INTRODUCE YOURSELF? AGAIN, YOU WILL HAVE FIVE MINUTES AND THE LIGHTS WILL CHANGE. WE WILL START A GREEN, GO TO YELLOW AND

THEN READ IS WHEN TIME IS UP. >> THANK YOU FOR LETTING ME SPEAK. THE FIRST THING I'LL SAY IS, ROLL TIDE.

>> CAN YOU PLEASE INTRODUCE YOURSELF?

>> MY NAME IS BRUCE SCHEIER. I LIVE IN HEADERS GLENN CONDOMINIUMS. I HAVE REPRESENTED HUNTERS GLEN AT THE TIME. I WORKED WITH -- AND BOUGHT THE MARKETPLACE AND STUFF LIKE THAT.

I UNDERSTAND WHERE THIS IS COMING FROM AND EVERYTHING ELSE.

THE THING THAT I HAVE A QUESTION OF IS IN THE LAND IS BEING UTILIZED ON THAT. IS THERE ANYTHING THAT HAS BEEN CONSIDERED OF THE NUMBER OF PERSONNEL INVOLVED WITH THE NUMBER OF SQUARE FEET OF LAND? THERE'S A GENERAL FOLLOWING THAT YOU DON'T CRAM TOO MANY IN ONE SPACE. I THINK THIS IS HIGHLY AND EVERYTHING ELSE. IF YOU LOOK AT IT WITH THE OVERALL NEIGHBORHOOD IT PROBABLY BALANCES OUT. I WAS CONCERNED IT WAS STUCK IN THERE PRETTY TIGHT. JUST GENERAL UTILITIES TO THAT , EVERYTHING. ARE THEY ALL GOING TO COME FROM THE NORTH? THE EAST AND WEST? AS WE GET THE MARKETPLACE ALL COMES FROM THE SOUTH. I HAVE LOOKED BEFORE WITH THE GENTLEMAN SAID ABOUT THE CROSSROAD THAT COMES IN THROUGH THERE. THERE ARE -- LEGITIMATE PROBLEMS OF WHAT IT IS. THE OTHER THING TO LOOK AT IS WHEN THE CONSTRUCTION STARTS AND EVERYTHING ELSE THERE WILL BE A LOT OF LAND MOVING AND EVERYTHING ELSE. SINCE WE ARE ON THE SOUTH BORDER OF THIS PROPERTY . THERE WILL BE A LOT OF CARRYOVER INTO OUR NEIGHBORHOOD. WHATEVER THEY START USING, CHEMICALS AND STUFF LIKE THAT. THE MAJORITY OF PEOPLE IN OUR PROJECT IS ELDERLY PEOPLE. 55 AND UP. THERE ARE MORE THAT ARE OLDER THAN THAT. SOME OF THE PEOPLE I ASSOCIATE WITH ARE IN THEIR 80S. I, MYSELF, AM 76. WE'VE GOT YOUNGER PEOPLE IN THEIR PICK DON'T THINK THAT WE DON'T. WE DO. YOU CAN TEST THAT WHEN YOU GET OLDER -- BY A LONG SHOT.

WITH THAT, I WAS CONCERNED ABOUT ENVIRONMENTAL AND SAFETY WITH THE PEOPLE WORKING WITH VEHICLES COMING IN AND OUT. HOW THEY'RE GOING TO ACCESS WHEN THEY START BUILDING THESE PHYSICALLY. THERE IS ALREADY NEW CONSTRUCTION TO THE WEST OF KINZER DRIVE. THE ENVIRONMENT APART IS WE'VE GOT TO MAKE SURE THERE'S PROPER DRAINAGE. WE HAVEN'T DISRUPTED AND THE ANIMALS . SQUIRRELS, CHIPMUNKS. STUFF LIKE THAT. OUR COMMUNITY, WE'VE PUT A LOT INTO IT AND WE KEEP PUTTING MORE INTO IN ORDER TO MAKE IT ENHANCED SO THAT YOUR PEOPLE WILL ENJOY IT AND HAVE MORE IN THEIR PROPERTY.

THANK YOU VERY MUCH. >> THANK YOU VERY MUCH. WITH THE

PETITIONER LIKE TO RESPOND? >> THIS IS THE GRAMERCY MASTER DEVELOPMENT PLAN THAT WAS INCLUDED AT THE TIME OF THE TEXT IN AND THROUGH REDEVELOPMENT AS PART OF THE PHASE OF DEVELOPMENT WITH THOSE APARTMENT'S. THE NUMBERS OF DWELLINGS IS CONSISTENT WITH WHAT IS REPRESENTED ALL ALONG. THERE'S GOING TO BE NEW WATER AND SEWER TO RUN UP THE EXTENSION OF KINZER DRIVE AND CARMEL DRIVE. IT WILL LOOPING WITH THE AREA TO THE NORTH. AND THEN COME IN AND SERVE OFF OF KINZER FOR BOTH THE EAST AND WEST SIDE OF THE ROADWAY ADJACENT TO THE SUBJECT AREAS OF DEVELOPMENT. REGARDING THE CURRENT CONDITION -- DEVELOPER . THE DEVELOPER OF THAT SPACE , ACTUALLY NOT BUCKINGHAM AT THE TIME, BECAUSE DAVID WEEKLY DEVELOPED AND SEPARATELY. IN DIFFERENT SESSIONS AND A DIFFERENT ORGANIZATION IN BUCKINGHAM. THE AREA WE ARE RUNNING FURTHEST WAS

[00:20:07]

EVERYBODY IS CHASING THEIR TAIL TO FIND OUT WHAT IS THE APPROPRIATE TIME AND APPROPRIATE METHOD TO COME IN AND BACKFILL TO DO THAT AREA IN A WAY THAT IS COMMENSURATE WITH THE REST OF DEVELOPMENT IN TERMS OF THE CONDITION OF THE LAWN AREA.

THAT'S GOING TO TAKE PLACE OVER THE NEXT SEVERAL MONTHS BECAUSE CONSTRUCTION JUST COMPLETED THE LAST COUPLE OF HOMES IN THE LAST COUPLE OF MONTHS OR SO WITHIN THAT GENERAL VICINITY. WITH REGARD TO THE CURBS, MANY OF THE PLANNING COMMISSION MEMBERS MAY BE FAMILIAR WITH THIS. THE DEVELOP HER POSTS PERFORMANCE BONDS. WHEN THEY'RE DONE THEY POST MAINTENANCE BONDS. SO ALL THESE DIFFERENT SECTIONS ARE UNDER MAINTENANCE. CAN YOU HAVE A SITUATION WHERE THE DEVELOPER, THOSE PEOPLE THAT ARE BACKING FOR BONDS ON THE CONSTRUCTION , DON'T WANT TO MAKE THOSE IMPROVEMENTS UNTIL RIGHT BEFORE THEY ARE READY TO ASK FOR THE MAINTENANCE BONDS TO BE RELEASED BY BOARD OF WORKS BECAUSE YOU HAVE SITUATIONS WHERE CONSTRUCTION WAS STILL TAKING PLACE. IT'S NOT THE DEVELOPER WHO CAME IN AND BUSTED UP THE CURBS. I'M JUST SPECULATING THAT IT'S DIFFERENT EITHER SNOW REMOVAL OR CONSTRUCTION ACTIVITY IN THE VICINITY . UNLIKELY TO BE A PASSENGER VEHICLE. THE BUSTED UP CURBS AND THINGS LIKE THAT.

THAT WILL BE TAKEN CARE OF IN ADVANCE OF THE DEVELOPER ASKING FOR THE MAINTENANCE TO BE RELEASED. HE'LL HAVE AN INSPECTION OF ENGINEERING. ENGINEERING WILL IDENTIFY ALL THE AREAS THAT IDENTIFY TO BE BROUGHT UP TO STANDARDS AND LIKELY REPLACE THOSE SECTIONS OF CURB IN ADVANCED OF THE CITY ENGINEER'S OFFICE. I THINK THAT ADDRESSES EVERYTHING THAT WE'VE HEARD . IF THE PLANNING COMMISSION HAS ADDITIONAL

QUESTIONS WE CAN GO INTO THOSE. >> THANK YOU VERY MUCH. I WILL

TURN IT OVER TO RACHEL. >> THANK YOU. FOR THE RECORD, PLANNER WITH DEPARTMENT OF COMMUNITY SERVICES . AS WE HAVE HEARD TONIGHT, BUCKINGHAM IS BACK TO THE LAST TWO SECTIONS OF THE GRAMERCY DEVELOPMENT PROJECT. WE HAVE TWO AREAS. AREA E IS ON THE SIDE OF KINZER AND AREA F WAS ON THE WEST SIDE AS JOHN MENTIONED, THIS PETITION DOES NOT HAVE ANY ARCHITECTURAL DESIGNS OR SPECIFIC PLANS FOR THE TOWNHOMES THAT ARE PROPOSED.

THIS IS REALLY ONLY TO LAYOUT THE LOTS, ROADS, SIDEWALKS, OPEN SPACE, DETENTION, ET CETERA. GENERALLY, WE HAVE NO ISSUES WITH THE PROPOSED LAYOUT. IT DOES MATCH THE PUD MASTER PLAN THAT WE ALL SAW AND APPROVED MONTHS AGO. I DID ASK THE PETITIONER FOR AN UPDATE ON THE CONNECTION TO ALLMAN DRIVE THAT WAS REQUESTED FROM IN THE ENGINEERING DEPARTMENT AND FROM US. THEY DID AGREE TO PROVIDE THAT EASEMENT CONNECTION SO THAT, SHOULD WE DECIDE TO BUILD THE CONNECTION THE FUTURE HIM A WE HAVE THIS SPACE TO DO IT. SO IF WE CAN HAVE THAT AS PART OF OUR CONDITION OF APPROVAL , I WOULD RECOMMEND THAT WE SUSPEND TE RULES PROCEDURE TO VOTE ON THIS TONIGHT . AS THERE ARE NOT MANY OTHER THINGS FOR US TO DISCUSS . THE PETITIONER IS JUST FINISHING UP WORKING WITH THE ENGINEERING DEPARTMENT ON THEIR DRAINAGE AND ENGINEERING PLANS. AGAIN, I WOULD RECOMMEND TO SUSPEND THE RULES OF PROCEDURE TONIGHT TO APPROVE THIS SUBJECT TO FINALIZING ON PROJECT DOCS AND PROVIDING THE EASEMENT CONNECTION TO ALLMAN DRIVE. THANK YOU.

>> THANK YOU VERY MUCH. NOW IS THE PUBLIC HEARING PORTION. I WILL OPEN IT UP TO THE PLANNING COMMISSION MEMBERS FOR A DISCUSSION. ANY QUESTIONS OR COMMENTS? YES, COUNCIL MEMBER

MINNAAR? >> THANK YOU SO MUCH FOR BEING HERE TONIGHT. SORRY. COULDN'T LET THAT ONE GO. THEY BROUGHT UP EROSION CONTROL, SORRY, NOT EROSION CONTROL. THE CHEMICALS AND THINGS. I WANT TO TOUCH ON THAT JUST SO THEY UNDERSTAND THERE IS A REALLY DEEP, SORRY, NOT DEEP. I DON'T KNOW WHAT THE WORD WOULD BE. A COMPREHENSIVE DOCUMENT THAT TALKS ABOUT DEMOLITION AND WHAT YOU DO. IT IS ONE -- WITHIN THIS PUD. I GUESS IT WAS A LONG MEETING LAST NIGHT. SORRY. SPECIFICALLY, FOR THIS AREA. I'M HAPPY TO FORWARD IT ON TO BRUCE SO HE CAN READ

[00:25:04]

>> FOR THE BENEFIT OF THE PUBLIC, CONSTRUCTION WILL TAKE PLACE, AND THIS MAY BE BETTER USE. THE AREA THAT'S IDENTIFIED HERE FOR CONSTRUCTION, THIS IS THE NINE ACRES BEFORE CONSTRUCTION OF THE SPACE. EROSION CONTROL FENCING WOULD GO DOWN AND IT WOULD SURROUND THE AREAS THAT ARE GOING TO BE DISTURBED. AND IT WAS ALSO BE FLOOD ROUTING IN ADDITION TO EROSION CONTROL THERE WOULD BE FLOOD ROUTING THAT WOULD ALSO MAINTAIN OVER THE CONSTRUCTION PERIOD. SO IS NOT UNTIL THE INSTALL INFRASTRUCTURE, MEANING INLETS, DRAINS, OTHER THINGS.

THE SURFACE THAT THE STORM WATER IS TAKEN CARE OF. IT HAS TO BE TAKEN CARE OF THROUGH THE DEVELOPMENT PROCESS. THIS IS HUNTER'S GLEN, OVER HERE. THERE'S NOTHING THAT IS PLANNED TO DRAIN IN THAT DIRECTION AND IT DOESN'T TODAY. AGAIN, THERE WOULD BE EROSION CONTROL, FENCING ESTABLISHED ON THE PERIMETER SO THAT IT CONTAINED IT ON SITE AND DEALT WITH IT WITH CONSTRUCTION AND POST CONSTRUCTION .

>> WILL KNOW THAT WITH CONSTRUCTION COMES DUST. THE DEVIL IN THE DETAILS JUST HAPPENS. I WISH THERE WAS MORE THAT WE CAN DO. I'M NOT SURE THERE IS.

>> THE CITY DOES HAVE ENVIRONMENT STANDARDS ON OCCASION WHEN IT IS REALLY WET, I'M SORRY, REALLY DRY. DUST IS A PROBLEM . THEY WOULD REQUIRE THAT YOU TREAT THOSE AREAS THAT WILL BE DISTURBED BEFORE YOU BRING EQUIPMENT ON SITE. IT DOESN'T HAPPEN VERY OFTEN. BUT ON OCCASION, IT DOES.

>> THANK YOU, SIR. >> JOHN, WHERE'S THE CONSTRUCTION AFTER THE GRAMERCY PROJECT? WHERE ALL THE TRUCKS

COME IN? >> EXCLUSIVELY, THEY HAVE 126 THREE AND KINZER. THERE'S NO CONNECTION TO THE SOUTH AND ACCESS WOULD BE PROVIDED TO THE SOUTH UNTIL THE CITY HAS COMPLETED THE CONSTRUCTION OF KINZER FROM WHERE IT TERMINATES TODAY AT THE NORTH END OF WHERE THE 502'S. ACTUALLY, JUST EAST OF THE 502. AND DOWN TO CARMEL DRIVE.

>> SO THERE WILL BE CONSTRUCTION BY HUNTER'S GLEN TODAY UNTIL

THE EXPANSION GOES? >> CORRECT.

>> THANK YOU. >> I HAVE A QUICK QUESTION. CAN YOU SITE SHOWING THE TOWNHOMES? IS F THE ONE?

>> F IS THAT ONE. AND THE OTHERS EAST SIDE OF KINZER.

>> SO THE F TOWNHOME, AND -- CONFIGURATION REMEMBER COMING BACK HERE FOR C AND D. I WAS TALKING ABOUT THE SPACE. WE COULD SEE MORE GREEN SPACE IF POSSIBLE. WHEN I COMPARE THIS TO HOW IT LOOKED , WE WERE LOOKING AT C AND D. THERE WERE A EXTRA TOWNHOMES I HAD BEEN ADDED TO THIS, VERSUS THE DRAWING THAT WE HAD WHERE THE OTHER SECTIONS CAME BACK SINCE LAST TIME.

THEY'RE ALL MARKED WITH DOTTED LINES. I ASSUME THAT IS BECAUSE THERE IS A RANGE OF TOWNHOMES . TO TO TALK ABOUT? FOR CERTAIN -- BECAUSE THE PRIOR VERSION HAD THAT GREEN SPACE A LITTLE BIT BIGGER. WITHOUT TOWNHOMES. YOU'VE ADDED AN EXTRA TOWNHOMES

TO TWO DIFFERENT SECTIONS. >> THIS IS THE CONSTRUCTION PLANS. IN THE MIDDLE. THERE'S OPEN SPACE PLAN IN THIS VICINITY. AS WELL AS ON THE EAST SIDE OF E. IN ADDITION TO THE GREEN SPACE THAT'S THROUGHOUT THE REST OF THE DEVELOPMENT. THE SHORT ANSWER TO THE QUESTION IS, WE TRANSITION FROM A .5 BY 11 SKETCH TRYING TO INSTRUCTION PLANS. AND THE RESULT IS WHAT IS SHOWN. IT'S AUTHORIZED UNDER THE ORDINANCE. WE'RE NOT ASKING FOR EXCEPTIONAL APPROVAL TO ALLOW IT . IT'LL COMPLIES WITH

THE STANDARDS . >> I WAS ASKING. IT'S THE SAME NUMBER AS WAS PERMITTED. JUST ALLOW IS DIFFERENT.

>> YES. >> OKAY. BECAUSE THE PRIOR ONE, OPEN GREEN SPACE, IT WASN'T BOX AND BY TOWNHOMES AS A PRIORITY.

IT WAS ALL OPEN. IT WAS A LITTLE BIT BIGGER. I DON'T KNOW IF IT'S THAT BIG THAT IT MAKES A DIFFERENCE ANYWAY.

>> IT'S JUST A DIFFERENT CONFIGURATION OF THIS OPEN SPACE INTERNALLY, HERE. IF YOU LOOK AT THAT, VERSUS THIS, THIS IS AN OVAL THAT PRODUCES THIS AND THE STREET TURNS INTO A JUST FOR THEIR OVER WITH THIS ONE. IT'S A DIRECT ANGLE. IT GOES PERPENDICULAR TO KINZER, A LITTLE LONGER, AND THEN TURNS UP. BUT THE CONFIGURATION , I JUST CALL IT MODEST. THE ADJUSTMENT BETWEEN THE COLOR DEVELOPMENT PLAN.

[00:30:06]

>> OKAY. I WANT CLARIFICATION. SO THE POINT IS, SAME NUMBER OF TOWNHOMES. HE JUST MOVED THEM IN DIFFERENT SPOTS. YOU KNOW WHAT I'M TALKING ABOUT? IT WAS JUST AN OPEN GREEN SPACE.

>> THE ANSWER IS YES. WE STARTED WITH 43 TOWNHOUSES HERE. BECAUSE OF GRADES, EXISTING UTILITIES AND COORDINATING CITY PROJECTS WITH KINZER COMING UP WITH THE NEW ELEVATIONS OF THIS INTERSECTION , WE NETTED OUT WITH 44 TOWNHOUSES HERE AND 68 OVER HERE. THE SAME 112 POINT WE HAD TO SHIFT THE BARS AROUND TO MEET THE EXISTING GRADING CONDITIONS, AS WELL AS THE FUTURE GRADING CONDITIONS COORDINATING WITH THE CITY

DESIGN FIRM. YES, ULTIMATELY. >> IS THAT THE QUESTION?

>> YES, THANK YOU. THANK YOU VERY MUCH. ADAM?

>> I'M NOT GOING TO LIE, THE GENTLEMAN MAKES A PRETTY COMPELLING ARGUMENT OF THE GREEN SPACE IN GRAMERCY WEST. THERE'S A LOT MORE GREEN SPACE PLANNED IN NEAR DELMAS. CAN WE GET SOME SORT OF COMMITMENT ? OBVIOUSLY WE DON'T WANT A SIMILAR

SITUATION AND MORE GREEN SPACE. >> I CAN HELP THAT.

>> YEAH. >> WHAT'S GOING TO HAPPEN, IN THIS SITUATION, IS GRAMERCY IS EITHER GOING TO DEVELOP AND DELIVER LOTS. SO THERE AND CONTROL THAT. THE LOTS. THEY'RE GOING TO TURN IT OVER. THE COMPLICATION HAS BEEN IN DAVID WEEKLY'S AREA. THE TURNOVER HAS BEEN DELAYED BECAUSE OF CONTRACTUAL OBLIGATIONS BETWEEN DIFFERENT PARTIES AND THAT TOOK A LONG TIME TO TRANSITION AND ALL THESE ITEMS WOULD HAVE BEEN REDRESSED PREVIOUSLY. BUT IN THIS SITUATION THEY'RE GOING TO DO THE TRANSFER AS A TOTAL OR THE BUILDER IS GOING TO DEVELOP THE AREA. -- IN THOSE AREAS WOULD TAKE PLACE IN A MORE IMMEDIATE FASHION THAN IT HAS IN THE NORTH. HOPE THAT HELPS EXPLAIN WHY IT'S NOT OPTIMAL, IT WAS DONE TO THE NORTH. IT DOESN'T NEGATE THE OBLIGATION TO KEEP EVERYTHING GOOD. IT'S JUST THAT YOU HAVE A SITUATION WHERE THERE'S DIFFERENT PARTIES INVOLVED AND DIFFERENT PEOPLE ARE BEHOLDEN TO MAINTAIN A

CERTAIN AREAS. >> THERE WAS -- CONCLUDING IN A COUPLE OF MONTHS. WE HAVE A FIRM DEADLINE?

>> IT WILL BE THIS SEASON. >> OKAY.

>> THIS FALL THEY WILL GO BACK AND OVERSEE AND REVIEW THOSE AREAS THAT ARE NECESSARY FOR GETTING THE GRASS TO BE

ESTABLISHED. >> SURE.

>> BECAUSE ALL THE HOMES ARE COMPLETED. THERE IS NOTHING LEFT

THAT IS NOT FRAMED I THINK. >> YOU MADE THIS COMMITMENT IN WRITING LESS ANY CANCER. IF I REMEMBER THAT CORRECTLY. RIGHT? SO WE HAVE THAT COMMITMENT. SO NOW WE WILL FOLLOW BACK UP AND MAKE SURE THAT IT'S DONE PROPERLY.

>> YES. WE DID COMMIT THE IN WRITING. AND WE JUMPED ALL OVER THAT. AND SCHEDULED AN A JOY TURNOVER MEETING A LITTLE PREEMPTIVELY BECAUSE THE WEEKLY HOMES WERE NOT BUILT OUT YET .

ACCORDING TO THE CONTRACT LANGUAGE THEY JOY TURNOVER IS SUPPOSED TO HAPPEN 90 DAYS AFTER THE FINAL HOME SOLD TO THE THIRD PARTY. THAT SALE IS SCHEDULED TO BE THIS OCTOBER . THE FINAL TRANSACTION THAT TRIGGERS THE 90 DAY CLOCK TO TURN THE HON OVER ACTUALLY STARTS IN JANUARY. RIGHT? WE TOOK A STEP BACK AND SAID, WHAT WE ARE GOING TO DO IS START TO KIND OF CATEGORIZE ALL THE REPAIRS THAT NEED TO BE MADE, THE ESTIMATES DONE, TRY TO SYNCHRONIZE THE TIMING OF WHEN IS A GOOD TIME TO PUT THE LANDSCAPING IN, WHICH IS NOT TODAY. SUPER, SMOKING HOT. BUT ALSO, SYNCHRONIZE THE TIME CLOSER TO THE TURNOVER, AS JOHN ALLUDED TO BEFORE. EVERYTHING IS FRESHLY PREPARED AND ADDRESSED TO SATISFACTION. NOT ONLY TO THE BOND BUT ALSO THE TURNOVER PROCESS, WHICH I BELIEVE IS SECTION 7, WHICH IS WHERE YOU GET A THIRD PARTY INSPECTION , DOCUMENT EVERYTHING LIKE A PUNCH LIST. BECAUSE ON RECORD WITH THE PLANNING STAFF. WE MAKE THE REPAIRS AND AT THAT TIME THERE ARE OTHER THINGS TO DO. BUT THAT'S WITH THE JOY TURNOVER PROCESS IS. I GET INTO THAT A LITTLE EARLY. I KIND OF WANTED TO ADDRESS EVERYTHING AND SAY, LOOK, WE DID WHAT WE COULD DO. IT'S GOING TO END UP HAPPENING

[00:35:01]

>> WHOLEHEARTED -- WILL BE THE END OF THE MONTH TO TALK WITH

THE TIMELY? >> I CAN DO THAT. FOR SURE. IN FACT, I WAS JUST ON SOME TRAFFIC THIS MORNING. OF THE LANDSCAPE CONTRACTOR IS COMING OVER TO DO THE AREAS THAT HAVE BEEN TAKEN.

IT'S PART OF A PROCESS LEADING UP TO THE TURNOVER PROCESS. YES, I CAN FRAME OUT THE STEPS AND ROUGHLY THE TIMELINE.

>> SORRY. HE CHERRY ON THE TOP HERE. IF THE HOAS DOES TAKE OVER THE MAINTENANCE BONDS WOULD STILL COVER THE REPAIR? OR WOULD THAT BE ON THE H AWAY? BECAUSE I WANT THAT TO BE VERY CLEAR. FOR THE REPAIRS. BECAUSE WE ARE DEALING WITH THAT WITH ANOTHER PUD. I WANT TO MAKE SURE WE DON'T GET INTO THE SITUATION

PICK >> THEY ARE TWO SEPARATE THINGS.

THE HON TURNOVER COVERS NOT JUST OF COVERED BY TRADITIONAL MAINTENANCE BOND, BUT ALSO COMMON AREAS TO PROTECT THE RESIDENTS TO INHERIT THE GREEN SPACE AS A FULLY TAKEN EDUCATION. AS IT RELATES TO PUBLIC IMPROVEMENTS, I WOULD BE ON THE HOOK FOR THOSE UNTIL THEY ARE READY TO BE INSPECTED AND TAKEN OFF OF THE MAINTENANCE BOND. A SEPARATE CHECKLIST FOR THE HON TURNOVER ADDRESS A LOT OR LIKE STREETLIGHTS. COMMON WALKS. THAT IS THE CITY 'S WAY OF PREVENTING A DEVELOPER FROM TURNING OVER SOMETHING AND JUST WALKING AWAY. RIGHT?

>> THANK YOU. YEAH. GREAT CLARIFICATION. GOOD QUESTION.

JEFF? >> JOHN, OR ERIC, CHIME IN. I ASKED THE SELLOUT AND I GUESS RECOGNIZED THE STREET HAS BEEN THERE FOR A WHILE. THREE YEARS MAYBE. BUT DOWN HERE, AT THE SOUTH END , THE EXISTING ROAD IS LIKE 18 FEET WIDE . MY FIRST REACTION, IT FEELS A LITTLE NARROW. I DON'T WANT A TON OF ASPHALT PAVEMENT TO BE OUT THERE AND NOT BE USED. RECOGNIZE THAT.

I LOVE THE TREE LAWN. AND I GUESS I RECOGNIZE THAT IF LAND IS CONSTRAINED TO A CERTAIN DEGREE IT MIGHT BE WISE TO PUT IN A NARROW ROAD. I THINK THERE'S LIKE 80 FEET OF RIGHT-OF-WAY THERE. ON SUPER BOWL SUNDAY OR THE FOURTH OF JULY, AS WE ALL THESE UNITS IN HERE , PARTICULARLY ON THE MAIN DRIVE CANCER, WHEN IT CONNECTS TO CARMEL DRIVE, WHERE FOLKS PARKING? WHERE VISITORS GOING TO STAY? IS THERE PARKING ON THE STREET? TWO-WAY TRAFFIC? PARKING ON BOTH SIDES.

>> THERE'S ON STREET PARKING ALONG KINZER AND THERE'S ADDITIONAL GUEST PARKING ON-SITE , IN ADDITION TO THE DWELLINGS THAT WOULD BE CONSTRUCTED THERE. WE WOULD HAVE GARAGES, AS WELL AS HARRY BEHIND THE GARAGES. THAT WOULD ACCOMMODATE PARKING .

BUT IT'S NOT A REQUIREMENT . BUT KIDS WILL HAVE ON STREET PARKING AND THERE'S ADDITIONAL SPACES PROVIDED IN THIS LOCATION , AS WELL AS SOME WITHIN AREA E THAT ARE ON PROPERTY.

>> I GET THAT. THANK YOU, JOHN. A LITTLE BIT OF CONCERN ABOUT HIM DURING PEAK DEMAND. THAT'S NOT NECESSARILY WHAT THE ASK IS

TODAY. >> THERE HAS BEEN DISCUSSION ABOUT KINZER AVENUE . THAT WENT THROUGH A PROCESS WITH THE ENGINEERING DEPARTMENT IN TERMS OF THE GEOMETRY OF THE ROADWAY AS WELL AS THE WITH OF THE PEDESTRIAN LANE IS TO THE LEFT, IF YOU ARE FAMILIAR WITH THAT SPACE. THERE'S A WIDER BIKE AND PEDESTRIAN LANE. FOR THE REMOVED ALONG THE EDGE OF THE EXISTING TOWNHOMES THAT ARE AND VELVET. -- IN DEVELOPMENT. IT'S

UNCOMFORTABLY NARROW. >> THAT WILL HELP CONTROL SPEED.

[00:40:01]

PEDESTRIAN. >> UNRELATED, BUT OUT OF CURIOSITY, IS IT MORE SELF OF THE ROUNDABOUT THAT WILL BE CARMEL DRIVE? ANY CHANCE ALONG THE COMMERCIAL AREA THAT WIDENS

OUT A SMIDGE?? >> I REALIZE THAT'S NOT WE WERE YOU'RE ASKING FOR. LOOKS LIKE IT DOES.

>> UNOFFICIALLY , AS WE WERE MASTER PLANNING THIS AND HELPING THE ENGINEERING DEPARTMENT PLAN THIS WITH THE GRADES AND UTILITIES AND EVERYTHING , AS YOU CAN SEE , THERE'S ON STREET PARALLEL PLAN FOR THE KINZER CONNECTION THERE. IT WILL APPEAR TO FEEL WIDER. IT WILL BE WIDER WITH ON STREET PARALLEL PARKING.

>> MAY BE A POSITIVE SPIN ON IT, JOHN, WOULD BE LOOKING AT THIS EXHIBIT . YES, THERE'S NO PARALLEL PARKING IN THE SCHEME RIGHT NOW. BUT THERE'S PLENTY OF RIGHT-OF-WAY IF SOMEONE SHOULD EVER DECIDE WE NEED EXTRA PARKING. IT COULD BE ADDED LATER. IS THAT WHAT YOU'RE ASKING FOR TODAY. THERE IS WITH

THERE. >> THANKS. UNDERSTOOD.

>> IF YOU WANT TO VOTE TONIGHT WE CAN SUSPEND THE RULES OF PROCEDURE OR SEND THIS TO COMMITTEE.

>> WE WILL DO THIS IN TWO MOTIONS. CORRECT? I MOVE WE SUSPEND THE ROLL SO WE CAN TAKE ACTION ON THIS ITEM TONIGHT.

>> I SECOND THAT. >> OKAY. I HAVE A MOTION AND SECOND TO SUSPEND THE RULES AND PROCEDURES SO WE CAN VOTE ON THIS DOCKET TONIGHT. ALL THOSE IN FAVOR SAY AYE. ANY OPPOSED? ONE OPPOSED? TO MAKE A POST. -- TWO OPPOSED. WE HAVE A MAJORITY.

WE HAVE SUSPENDED THE RULES AND PROCEDURE. SO WE WILL TAKE ACTION THIS EVENING. I WILL MAKE A MOTION.

>> I MOVE TO APPROVE THIS. THAT'S HER MOTION. I MOVE TO APPROVE THIS DOCKET TONIGHT UNDER THE CONDITIONS THAT THE PETITIONER WORKS IT OUT WITH THE CITY ON VEHICULAR ACCESS ON ALLMAN DRIVE . IS THAT COMPLETELY TO YOUR SATISFACTION? AND WORK WITH ENGINEERING ON THAT TO COMMIT TO GRAMERCY WEST, A TIMELINE, FRAMEWORK AND WRITING ON WHEN THEY CAN EXPECT THESE REPAIRS AND MAKE SURE IT HAPPENS .

>> SECOND. >> I HAVE A MOTION AND SECOND.

>> ALL THOSE IN FAVOR OF THE MOTION TO APPROVE ALONG WITH THE CONTINGENCIES , PLEASE SAY AYE.

>> AYE PICK >> ANY OPPOSED? IT IS PAST. IT

[H.2. Docket No. PZ-2025-00131 DP Amend/ADLS: Artistic Composite Pallets – Phase 2 Building Expansion.]

>> NATHAN WITH THE AMERICAN STRUCTURE POINT. OFFICE IS AT 9025 RIVER ROAD. HERE ON BEHALF OF -- PALLETS. WE HAVE REPRESENTATIVES HERE AND THE AUDIENCE FROM THE ARCHITECTURAL SIDE. I'M HAPPY TO INTRODUCE HIM LATER. YES, AS MENTIONED, WE ARE LOOKING TO EXPAND THE EXISTING FACILITY. THIS ONE IS CONTEMPLATED AS THE ORIGINAL APPROVAL FOR THE BUILDING. WE ARE ABLE TO GO THROUGH THIS PROCESS FOR ARCHITECTURAL SITE DESIGN APPROVAL. WE ARE EXPANDING ROUGHLY 39,000 SQUARE

[00:45:02]

WE HAVE MET IN ADVANCE WITH OUR NEIGHBOR TO THE EAST ON THIS SITE, EDWARD ROSE, WHO WAS GOING THROUGH SOME OF THEIR OWN PROCESSES. HAD SOME COMMUNICATION WITH THEM REGARDING SOME ADDITIONAL LANDSCAPE ENHANCEMENTS ON THE EAST SIDE , CONTINUING TO COORDINATE WITH THEM. THOSE ARE ABOVE AND BEYOND THE CODE REQUIREMENTS . WE WANT TO BE GOOD NEIGHBORS AND WE ALSO TALKED WITH THEM ABOUT MINOR LIGHTING THROUGH THE DOORS ON THAT SIDE OF THE BUILDING. WE WILL MAKE SURE TO SCREEN THAT PROPERLY FOR ANY ORDINANCE REQUIREMENTS TO THEIR SATISFACTION. WITH THAT , THE DESCRIPTION COVERS THE SITE PRETTY THOROUGHLY. I WANT TO GO TO TOO MANY DETAILS I'M HAPPY TO ANSWER ANY QUESTIONS. FROM ACP REALTY, WE'VE GOT GARY CLARK FROM -- PALLETS. WHO WAS THE OPERATOR AT THE END OF THE DAY. AND GARNER FROM THE

ARCHITECTURAL SIDE. >> THANK YOU. THIS IS A PUBLIC HEARING. IS THERE ANYONE THAT WOULD LIKE TO SPEAK IN FAVOR OR OPPOSITION TO THIS PETITION? I'M SEEING NONE. I WILL TURN IT

OVER TO THE DEPARTMENT. >> THANK YOU. NATHAN, DO YOU HAVE A PICTURE OF THE BUILDING? THEY WANT TO PUT UP?

>> YES. I CAN PULL THAT UP. ME ONE SECOND. I CAN GIVE YOU A BRIEF DESCRIPTION TO HELP YOU OUT. THE EXISTING BUILDING IS A SINGLE STORY. THIS FRONT PARK AND HIS WHOLE BACK HALF, IF YOU WILL, IS WHERE THE EXPANSION WILL OCCUR. THAT IS TO THE SOUTHWEST CORNER, LOOKING NORTHEAST . HERE IS ANOTHER VIEW FROM THE SOUTHWEST CORNER, SOUTHEAST CORNER OVERLOOKING SOUTHWEST. THERE'S A FEW OTHER RENDERINGS HERE.

>> THAT'S OKAY. I JUST WANTED YOU ALL TO SEE THE BUILDING WITH THE PRESENTATION. ALONG WITH THE DEPARTMENT OF COMMUNITY SERVICES. THIS BUILDING, THE EXPANSION IS GOING TO BE MADE OF THE SAME MATERIALS THAT THE EXISTING BUILDING IS, WHICH IS CONCRETE PANELS. IT WILL LOOK VERY COHESIVE TOGETHER WITH THE EXISTING BUILDING. THE NEW BUILDING WILL BE ABOUT 40 FEET TALL. THIS BUILDING IS ONLY ABOUT 31 FEET TALL . IT WILL BE BUILT NEXT THE EXISTING BUILDING WITH ACCESS THROUGH . MATCHING COLOR. SETBACKS AND LOT COVERAGE PERCENTAGES ARE MET. PARKING WILL NOT BE IMPACTED, NOR WILL ACCESS TO THE SITE BE IMPACTED.

THIS IS A MELISSA PROJECT. THERE ARE ONLY A FEW ITEMS THAT THEY NEEDED TO ADDRESS , AND WE TALKED ABOUT THEM. BUT IF YOU COULD CONFIRM FOR ME, NATHAN, THERE WAS BICYCLE PARKING THAT WAS PREVIOUSLY APPROVED . IT WAS REQUIRED AND INSTALLED. TURNS OUT , THE PAD WAS INSTALLED. THE CONCRETE PAD. BUT NOT BIKE RACKS. SO WE NEED THEM TO COMMIT TO PUTTING IN THOSE BIKE RACKS .

WE NEED THE PLANS TO BE UPDATED TO INCLUDE SIDEWALKS AROUND THE EXTERIOR OF THE BUILDING FOR FIRE DEPARTMENT ACCESS. THERE ARE THREE DOORS, ONE ON THE SOUTH AND ONE ON THE EAST. ONE OF THE NORTH. DOES NEED TO HAVE SIDEWALKS TO FOR PEOPLE TO GET OUT AND PEOPLE TO GET IN. SO WE NEED TO COMMIT TO THAT. AND IN THE LANDSCAPING PLAN NEEDS TO BE UPDATED ACROSS THE ENTIRE SITE.

AND THAT IS SOMETHING THAT THEY ARE WORKING WITH AS FAR AS IT WAS AN ORIGINAL PLAN, THEN THERE WAS AN UPDATED PLAN. THEN THERE IS WHAT IS THERE TODAY. SO IT NEEDS TO BE ALL BROUGHT TOGETHER ON ONE PLAN AND THEN DARREN NEEDS TO GO OUT AND INSPECT IT .

TO MAKE SURE EVERYTHING IS AS IT SHOULD BE. THE COMMISSIONER CAN

[00:50:04]

TONIGHT. THANK YOU PICK >> THANK YOU VERY MUCH. THIS CLOSES THE PUBLIC HEARING PORTION OF THIS HEARING. I WILL OPEN IT UP TO MY FELLOW COMMISSIONERS FOR ANY QUESTIONS

OR COMMENTS. JEFF? >> MY EXPERIENCE IS, NORMALLY WE WORK SO HARD TO SCREEN AND BLOCK SOME OF THE MECHANICAL STUFF THAT'S IN THE BACK, SO TO SPEAK. OUTSIDE OF MY AREA OF EXPERTISE. WITH THAT , IS IT REQUIRED ON THIS? OR IS A GRANDFATHERED BECAUSE OF THE FACILITY THAT IS THERE TODAY?

>> TO MY KNOWLEDGE, EVERYTHING IS GRANDFATHERED IN. WHEN YOU SAY, SCREEN, WHICH IS SPECIFIC ELEMENTS OF THIS .

>> WHAT I WAS STARING AT ON THE RENDERING SHOWN BEFORE, THERE SOME RECTANGLES ON TOP ON THE ROOF LINE. SHOULD THERE BE WALLS TO HIDE THAT FROM THE OTHER SIDE FROM THE WEST LOOKING EAST? THE RECTANGLES ON THE NORTH END. YOU GOT IT. IS THERE A REQUIREMENT?

>> SO THE BUILDING ITSELF IS SCREENING THEM FROM THE EAST .

>> YEP. >> AND I DON'T KNOW IF THAT IS JUST A UNIT OR IF THAT IS A UNIT WITH THE SCREEN FOR THE WEST.

YES, IT'S ALWAYS REQUIRED THAT SCREENING IS REQUIRED FOR EQUIPMENT. IT WOULD BE ON THE WEST SIDE TO SCREEN THAT. THERE ARE EXISTING SILOS OUT THERE. IT IS AN INDUSTRIAL AREA WHERE THERE ARE INDUSTRIAL THINGS SEEN.

>> I FULLY ACCEPT THAT. I JUST WANTED TO ASK THE QUESTION.

>> THANK YOU. >> KIND OF A TRAIL WALKING BY

AND SEEING SILOS. >> JONATHAN?

>> IT LOOKS LIKE THERE IS CURRENTLY QUITE A BIT OF OUTDOOR STORAGE ON THE SITE. IS THAT GOING TO BE GOING INSIDE? OR

CONTINUE TO BE OUT? >> I WILL HAVE TO DEFER.

>> CAN YOU TURN YOUR MIC ON? >> THANK YOU. I WILL HAVE TO DEFER TO OPERATIONS ON THE . I DON'T KNOW IF YOU CAN SPEAK TO THAT SPECIFICALLY AT THE MOMENT .

>> BEFORE YOU DO THAT, CAN YOU ACCLIMATE ME? I GET LOST IN A PAPER SACK, AS MY HUSBAND SAYS. CAN YOU ACCLIMATE ME TO WHERE THE PROJECT IS IN RELATION TOO? I WANT TO KNOW.

>> I DON'T KNOW IF YOU CAN SEE MINE. EVERYTHING TO THE EAST OF THAT, THAT GRASS LINE , I BELIEVE THEY MAY ON THE PROPERTY

TO THE NORTH . >> IS GOING TO BE A GREEN SPACE AREA. OKAY. CAN YOU PULL UP YOUR OTHER? YES. AS LONG AS IT IS

SCREENED. >> THAT PARKING LOT, RIGHT THERE, THAT IS EDWARD ROSE. TO THE EAST.

>> YEAH. OKAY. >> THOSE PARTICULAR ROOFTOP UNITS ARE SHOWN, RIGHT HERE, YOU WILL NEVER SEE .

>> OKAY. YEAH. THANK YOU. APPRECIATE IT.

>> BILL BASTION WITH ARTISTIC COMPOSITE PELLETS. 1/43 STREET NORTHWEST CARMEL. THE PALLETS THAT ARE STORED IN THE PARKING LOT RIGHT NOW, WE USE THAT AS A STAGING AREA BEFORE WE RECYCLE THEM. WITH THIS NEW FACILITY AT THE NORTH END , WILL YOU USE THAT AS THE STORAGE OF THOSE? SO WE WILL BRING THEM IN. REGULAR OUTDOORS, SO WE CAN TAKE THAT INSIDE. WE HAVE GRANULATE IS TO GRIND UP THAT PLASTIC AND REUSE IT. THE INTENT ALSO IS TO REUSE THE AREA AS A LAYDOWN AREA FOR THE GENERAL CONTRACTOR. RIGHT NOW, WE ARE WORKING AT THE END OF THIS MONTH TO HAVE THAT

CLEANUP. >> JUST OUT OF CURIOSITY RIGHT

NOW, SORRY , GO AHEAD. >> CURIOUSLY, THE GRINDING EQUIPMENT , THAT WILL ALL BE HOUSED INSIDE OF THE BUILDING.

CORRECT? >> YES. IT'S ACTUALLY ALREADY

IN THE EXISTING BUILDING PICK >> IT IS? OKAY. IS IT MOVING TO THE NORTH AND WOULD YOU SAY? I JUST WANTED TO CLARIFY. THANK

YOU. >> EXCUSE ME, I WOULD ALSO LIKE

[00:55:01]

>> THANK YOU. OR THE OTHER PROPERTY IS GOING TO GO, I THINK IT'S CURRENTLY ON YOUR SIDE. IT'S KIND OF SPARSE. BUT THERE ARE ROAD TREES. WILL THOSE STAY OR WILL THEY HAVE TO COME DOWN

WITH THIS EXPANSION? >> ALONG THE SIDE THERE ARE ROAD TREES. THOSE WILL STAY. WE HAD A MEETING WITH EVERETT ROSE. THEY ARE GOING TO HAVE EVERGREEN TREES I THINK ON THE OTHER SIDE.

AND THEY WANT US TO KIND OF MATCH THAT. WE ADDED SOME TO THE DRAWING. BUT THE INTENT IS TO COORDINATE WITH EVERETT ROSE.

IT'S CONSISTENT WITH WHAT WE ARE DOING.

>> AND WERE ALSO FIND WORKING WITH STAFF AND ENGINEERING ON THE LANDSCAPE PLAN , THE BIKE RACKS AND SIDEWALK?

>> YES. YES WE ARE. ADAM, YOU HAD A QUESTION?

>> I'M GOING TO HAVE A HARD TIME VOTING TO SUSPEND THIS TONIGHT WITHOUT SEEING THAT LANDSCAPE PLAN. WE MADE A COMMITMENT TO ALL THE NEIGHBORS THAT ARE GOING TO BE NEXT-DOOR.

WITHOUT SEEING A GOOD RENDERING OR AN IDEA WHAT IS GOING TO BE

LIKE, I CAN VOTE FROM BEFORE. >> WOULD YOU BE ABLE TO BRING A LANDSCAPING PLAN TO COMMITTEE MEETING, WHICH IS SEPTEMBER

SECOND . YES, SEPTEMBER 2ND. >> YES.

>> OKAY. >> THEY HAVE A SUGGESTION GO

FIRST IN THE AGENDA MEETING. >> YEAH, YOU WILL HAVE TO GO

AFTER THE SUB AREA. >> VERIFICATION WITH LANDSCAPE? RIGHT NOW THE EXISTING LANDSCAPE OUT THERE IS COMPLAINT WITH THE ORDINANCE . I THINK THE QUESTION IS, WANTING TO CONFIRM EVERYTHING IS PLANTED , PERMITTED PREVIOUSLY, IS STILL THERE AND HASN'T DIED. THIS PARTICULAR DEVELOPMENT DOESN'T REALLY REQUIRE ADDITIONAL LANDSCAPE TO BE PROVIDED. SO WHAT'S THERE SHOULD BE COMPLAINT ALREADY. THE REQUEST IS TO VALIDATE ALL OF THAT BASED ON THAT COMPOSITE OF APPROVED PLANS. THAT'S PREVIOUSLY. AND ENHANCING THE EAST SIDE FURTHER

TO BE NEIGHBORLY . >> SO THE ENHANCEMENT , YOU WANT TO SEE BEFORE THERE IS ACTION TAKEN TO APPROVE OF THAT? I WANT TO MAKE SURE I UNDERSTAND WHAT YOUR CONCERNS ARE.

>> MY CONCERN IS HAVING A BUNCH OF NEW NEIGHBORS IN A BIG, INDUSTRIAL BUILDING 10 FEET AWAY FROM THE WINDOW. THAT'S ROUGH NUMBER, BY THE WAY. I'M EXAGGERATING.

>> HAVING A GOOD LANDSCAPING PLAN.

>> I HAVE SO MUCH FAITH IN OUR STAFF. I HAVE SO MUCH FAITH IN OUR STAFF. I WOULD BE FINE WITH ACTUALLY.

>> YES, GO AHEAD. >> BEFORE I CAN MAKE A MOTION I WOULD LIKE TO GET A FEEL FOR THE COMMISSION'S PREFERENCE. TO EITHER SUSPEND THE RULES AND ACT ON THIS WITH THE UNDERSTANDING THAT WOULD BE , THE LANDSCAPING WOULD BE MEETING STAFF 'S REQUIREMENTS, CITY REQUIREMENTS. OR TO SEND IT TO THE COMMITTEE , WITH THE COMMITTEE HAVING FINAL APPROVAL, WHICH DELAYS IT. TWO WEEKS.

>> TWO WEEKS. >> I DON'T KNOW THAT I CAN

SPEAK TO THAT 100%. >> AND I DO APPRECIATE THAT YOU ARE WILLING TO GO OVER AND ABOVE TO ADD ADDITIONAL LANDSCAPING .

THAT'S MORE THAN IT'S REQUIRED FOR INDUSTRIAL AND YOU ARE WORKING WITH EDWARD ROSE. THIS IS GOING TO BE A REALLY NICE, RESIDENTIAL DEVELOPMENT. I ABSOLUTELY APPRECIATE THAT.

JONATHAN, DO YOU HAVE A COMMENT? >> I WOULD JUST SAY ENOUGH TO ANSWER YOUR QUESTION. I WOULD BE SUPPORTIVE OF SUSPENDING THE RULES THIS EVENING KNOWING THAT THE LANDSCAPE PLAN , I'M SORRY,

[01:00:03]

>> I WOULD SUSPEND THE RULES AND VOTE ON THIS ITEM TONIGHT SUBJECT TO THE LANDSCAPE PLAN BEING -- TO THE STAFF.

>> SECOND PICK >> WE HAVE A MOTION TO SUSPEND THE RULES AND PROCEDURES TONIGHT. ALL THOSE IN FAVOR OF SUSPENDING THE RULES AND PROCEDURE, PLEASE SAY AYE. ANY OPPOSED? I'M HEARING NONE. THE RULES ARE SUSPENDED. I NOW NEED A MOTION WITH THE THREE CONDITIONS.

>> I MOVED TO RECOMMEND A POSITIVE RECOMMENDATION ON THIS DOCKET TONIGHT , WITH THE ADDITION OF THECOMMITMENTS THAT THERE WOULD BE SIDEWALKS TO THE ENTRANCES. A FINAL LANDSCAPING PLAN WOULD STILL BE PUT IN PLACE AND THE BIKE RACK WOULD BE

COMPLETED. >> TO HAVE A SECOND?

>> SECOND PICK >> ALL THOSE IN FAVOR, PROVING THIS WITH THE CONDITIONS OF THE SIDEWALKS, THE BIKE RACKS AND WORKING WITH THE CITY STAFF FOR THE LANDSCAPING PLAN. PLEASE SAY

[H.3. Docket No. PZ-2025-00161 OA: Article 1 UDO Amendment.]

WE WILL HEAR THIS EVENING. I WILL READ THIS INTO THE RECORD.

IT IS DOCKET NUMBER PC- 2025-00161 . OA, ARTICLE ONE, AMENDMENT. THE APPLICANT SEEKS TO AMEND PURSUANT TO CITY COUNCIL REGULATIONS COME AS CC-07-25- TWO YOUR -- -- -- -- THE COMMISSION TO CONSIDER AMENDMENTS FOR THE FOUNDATIONS AND THE GENERAL PROVISIONS TO STANDARDIZE , SIMPLIFY AND BETTER DEFINE CERTAIN REQUIREMENTS CONTAINED THEREIN.

FILED BY THE DEPARTMENT OF COMMUNITY SERVICES ON BEHALF OF THE CARMEL CITY COUNCIL. I WILL TURN IT OVER TO OUR ESTEEMED

LEGAL COUNSEL. >> THANK YOU. GOOD EVENING MEMBERS OF THE PLANNING COMMISSION. PUT INTO RECORD, THIS IS THE AMENDMENT OF THE ENTIRE ARTICLE ONE. I WILL GIVE YOU A LITTLE BIT OF A BACKGROUND ON HOW IT IS HEARD IN FRONT OF YOU TODAY. IT IS AN AMENDMENT THAT YOU SAW OUT TO THIS POINT, TWO MONTHS AGO, FOR THE PDLS. THAT EXISTED IN COUNSEL AND LAND USE COMMITTEE THAT CURRENTLY WORKS WITH LEGAL DEPARTMENT AND GOING OVER UDO AND AMENDING CHAPTERS AND ARTICLES THAT NEED TO BE AMENDED. YOU HAVE ONLY SEEN SOME OF IT. THIS ONE IS A SECOND ADDITION TO IT. THERE ONE, ARTICLE ONE, COMPARED TO THE AMENDMENT IT IS MORE SUBDUED. IT IS REALLY DESIGNED TO BRING THE UDO INTO A STATE-OF-THE-ART -- BY THAT, I MEAN BY SOME PROCESSES IT IS STILL THE UDO THAT WE NO LONGER USE . THE PANDEMIC CHANGE THE WAY THAT WE DO BUSINESS QUITE A BIT. WE NO LONGER DISTRIBUTE COPIES TO YOU ALL FOR PDLS , OR ANY OTHER PETITION FOR THAT MATTER. OUR UDO STILL TAKE -- STILL STATES THAT THEY NEED TO BE CONSIDERED, ET CETERA, ET CETERA, ET CETERA. NUMBER ONE, INTENT OF THE AMENDMENT OF ARTICLE ONE IS TO REALLY CLEAN IT UP AND TO BRING INTO COMPLIANCE WITH THE REST. NUMBER ONE, A COUPLE OF SUBSTANTIVE AMENDMENTS. I WOULD BE WILLING TO GO ONE BY ONE, IF YOU SO WISH. IF NOT, I CAN SUMMARIZE IT ALTOGETHER. THIS IS A SLIGHTLY SHORTER AMENDMENT AND WE SHOULD BE ABLE TO GO LINE BY LINE.

>> THANK YOU. IT'S PUBLIC HEARING. DOES ANYBODY HERE WANT TO SPEAK IN FAVOR OR AGAINST? I'M HEARING NONE. I WILL TURN THIS OVER TO ADRIAN. YOU HAVE COMMENTS FROM THE DEPARTMENT?

>> I JUST WANTED TO POINT OUT A COUPLE OF THINGS. SINCE THIS DID ORIGINATE WITH THE CITY COUNCIL THE PLAN COMMISSION DOES HAVE A

[01:05:01]

ONE IS TO AN INDIANA CODE THAT REFERENCES EXTRATERRITORIAL JURISDICTION . SINCE WE DON'T NEED ANYMORE, SINCE WE HAVE ANNEXED THE ENTIRETY OF CLAY TOWNSHIP, WE USED TO HAVE A TWO-MILE FRINGE AREA. WE HAD PLANNING JURISDICTION OVER THE CLAY TOWNSHIP IN THE 1960S. HOWEVER, WE EXERCISED EXTRATERRITORIAL JURISDICTION FOR A PERIOD OF TIME, AS WELL AS A AGREEMENT. NEITHER OF THOSE ARE ANY LONGER NEEDED BECAUSE WE HAVE ANNEXED THE ENTIRETY OF CLAY TOWNSHIP. SO WE ARE PROPOSING TO STRIKE THE LAST PART OF THAT SENTENCE , STARTING ON LINE 89. DEPENDING ON THE NUMBER OF QUESTIONS YOU MAY HAVE , WE CAN EITHER SUSPEND THE RULES AND SEND THIS TO CITY COUNCIL AT A FAVORABLE RECOMMENDATION , OR IF THERE ARE MORE QUESTIONS, WE CAN TALK ABOUT IT MORE COMMITTEES SINCE

WE DO HAVE THAT TIMELINE. >> THANK YOU. THAT CLOSES THE PUBLIC HEARING PORTION . FOR EVERYBODY WHO IS A PEER , WE CAN GET YOUR QUESTIONS. IS IT HELPFUL? IF -- GIVES A LITTLE MORE DETAIL ON WHAT'S BEEN CHANGED OR IS EVERYBODY READY FOR THE QUESTIONS? OKAY. WE ARE GOING TO FIRE QUESTIONS. I WILL LET OTHER PEOPLE GO FIRST. ANYBODY ELSE WANT TO START? GO

AHEAD. >> I FEEL LIKE I'M ALWAYS THE FIRST ONE TO TALK. THANK YOU, MADAM CHAIR. FIRST OF ALL, I WANT TO TELL THE PLANNING COMMISSION THAT WE SPEND AN INORDINATE AMOUNT OF TIME ON THIS PARTICULAR SECTION. AND I KNEW CHRISTINE WAS GOING TO BE OUR PERSON TO QUESTION AND HAVE QUESTIONS, WHICH IS GREAT. BUT I WANTED TO THANK SERGEI AND ADRIAN , AND THE DIRECTOR, FOR ALL THE HARD WORK YOU HAVE PUT IN TO HELP US AS THE CITY COUNCIL TRIED TO MAKE THIS AMENDMENT. I DO BELIEVE, SERGEI, THIS IS YOUR RECOMMENDATION, IF MEMORY SERVES . I WANT TO THANK YOU FOR THAT. I WANT TO THANK YOU FOR BRINGING US TO THE 21ST CENTURY . I'M NOT GOING TO ASK ANY QUESTIONS BECAUSE I HAVE BEEN TO THIS PROCESS.

>> THANK YOU VERY MUCH AND THANK YOU FOR BRINGING A REVISION. IT IS APPRECIATED. I REALLY HAVE CHANGES, I JUST HAVE QUESTIONS.

THERE'S A COUPLE OF SECTIONS THAT I WANTED TO GET. ONE IS STARTING WITH SECTION. IT IS THE MONETARY COMMITMENT AND LEGAL COMPLIANCE. JUST BECAUSE THIS COMES UP FAIRLY OFTEN , AND ACTUALLY RECENTLY CAME UP, I SAW THAT YOU ADDED SOME NEW LANGUAGE IN HERE. COULD YOU PULL UP IN THE SCREEN BY CHANCE? IS THERE A

WAY TO DO THAT? >> I THINK I CAN PICK

>> I JUST WANT TO MAKE SURE I UNDERSTAND WHAT HAS BEEN ADDED.

THERE'S A FORMULA SET FORTH IN HERE IF SOMEBODY WANTS TO CONTRIBUTE THE MONETARY VALUE OF THE THOROUGHFARE IMPROVEMENT .

AND THEN YOU ADD A QUALIFIER IN HERE ABOUT SAYING THAT THE ENGINEERING DEPARTMENT SHALL TAKE INTO CONSIDERATION EFFECTS OF THE OVERALL ADDITIONAL BURDEN, ET CETERA, ET CETERA. I JUST WONDER IF YOU COULD READ THROUGH THAT AND MAYBE GIVE THE THOUGHT PROCESS BEHIND THE ADDITION . IT IS 1.0 F. ON MINE, IT STARTS AT 137. ON YOURS IT STARTS AT 140.

>> THIS ONE IS DEFINITELY THE BIGGEST SUBSTANTIVE CHANGE ON DEDICATIONS IN LIEU OF COMPLIANCE . NUMBER ONE, IT HAD TO BE CLEANED UP QUITE A BIT. FOR THAT, IT IS RETURNED TO THE PAGE BEFORE. PERHAPS THIS PARTICULAR SECTION THAT STARTS IN LINE 127 . TRANSPORTATION PLAN. IT WAS ONE OF THE MOST CONFUSING SECTIONS IN THE UDO. THE REASON FOR IT IS BECAUSE IT WAS NEXT TO IMPOSSIBLE TO FIND TRANSPORTATION. WAS. THE REASON FOR WAS BECAUSE WE DIDN'T CALL A TRANSPORTATION PLAN AT ALL. WE

[01:10:07]

>> AND YOU JUST WALK THROUGH ALL OF F? FROM THE BEGINNING. THIS COMES UP A LOT . HOW IS IT GOING TO WORK? THE ADDED PART AT THE END, I WAS STRUGGLING WITH HOW IT WAS WORDED AT THE END. IF YOU CULD WALK THROUGH THAT WHOLE PIECE, THAT WOULD BE HELPFUL.

>> LET ME GIVE YOU BACKGROUND FROM A LEGAL STANDPOIN ON DEDICATION IN DEBT -- GENERAL. DEDICATIONS ARE SUBJECT TO FEDERAL REGULATIONS IN THE UNITED STATES CONSTITUTION. AND THAT, IN TURN , IS DEVELOPED CONSTANTLY BY THE SUPREME COURT.

SO WE HAVE TO BE VERY CAREFUL IN APPLYING WHAT IS THE CURRENT STANDARD FOR DEDICATIONS AS AN EXTENSION IN LIEU PAYMENTS. AND WHAT THE SUPREME COURT TELLS US TO DO AND -- SO THIS ADDED LANGUAGE, SPECIFICALLY , IN ENGINEERING DEPARTMENTS TO MAKE THE DETERMINATION IS FROM THE CURRENT STANDARD THAT WAS RECENTLY DEVELOPED IN A COUPLE OF CASES ACTUALLY INVOLVING SOME OF OUR NEIGHBORS , SPECIFICALLY THE CITY OF NASHVILLE, TENNESSEE. WE WANT TO BE CLEAR THAT THIS LINK WHICH COMPLIES WITH DIRECTION. THAT IS WHY IT HAS BEEN INCLUDED. SPECIFICALLY , THE LANGUAGE I'M TALKING ABOUT IS THAT THE DEPARTMENT SHALL TAKE INTO CONSIDERATION THE EFFECTS AND OVERALL ADDITION, ADDITIONAL BURDEN OF PROPOSED DEVELOPMENT TO IMPROVE UPON THE CITY'S INFRASTRUCTURE . SO THAT IS WHAT IS CALLED A REQUIREMENT THAT HAS TO BE CONNECTED . A BURDEN THAT DEDICATION REQUIRES . IT HAS TO BE CONNECTED TO THE ADDED STRESS UNDER INFRASTRUCTURE. A LOT EASIER TO DO WITH BIGGER DEVELOPMENTS , OF COURSE. THE STREETS ARE LAID OUT FOR ENGINEERING STANDARDS. WHEN IT COMES DOWN TO MUCH SMART OF ELEMENTS FOR IMPROVEMENTS IT BECOMES A LITTLE MORE COMPLICATED BECAUSE THE MOMENTS ARE QUITE DIFFERENT . AND THE STRESS THAT RESULTS IN C INFRASTRUCTURE. THAT'S NUMBER ONE. NUMBER TWO, THE REQUIRED MONETARY COMMITMENT IS ROUGHLY PROPORTIONATE TO AFFECTS AND BURDENS. THIS ONE IS ANOTHER CLARIFICATION . IT HAS TO BE A NEXUS, A CONNECTION FOR THIS DEVELOPMENT . ALSO , THERE NEEDS TO BE A PROPORTIONALITY ASPECT TO IN LIEU PAYMENT AMOUNT. IT'S A VERY SMALL PROJECT . WHAT IS ACTUALLY BEING ADDED TO OUR INFRASTRUCTURE. A LOT OF THE TIMES IT IS

[01:15:10]

>> SO, AND PRACTICAL APPLICATION, HOW IT READS NOW, START OF HOW IT'S ALWAYS BEEN. THE PETITIONER HAS THE OPTION , WHEN THEY ARE COMING FORWARD WITH THEIR NEW DEVELOPMENT , TO EITHER CONSTRUCT IMPROVEMENTS . THE MULTIUSE PATH. OR MAKE THE MONETARY COMMITMENT CONTRIBUTION IN LIEU OF CONSTRUCTING IT.

>> CORRECT. >> THEN GOES ON TO SAY THAT THE DEPARTMENT OF ENGINEERING IS GOING TO SET WHAT THAT FEE IS.

AND THEN WHAT YOU'VE ADDED IS DISQUALIFICATION. SEE WERE NOT REALLY CHANGING THE PROCESS. WE ARE JUST MAKING IT CLEAR THAT WHEN THE ENGINEERING DEPARTMENT IS STUDYING THE FEE HERE ARE THE THINGS THAT I THINK ABOUT. THE BURDEN. THAT'S WHAT THIS IS SAYING PIXEL DOESN'T CHANGE ANYTHING IT'S JUST ADDING MORE CLARIFICATION ABOUT THE DEPARTMENT OF ENGINEERING SHOULD BE CONSIDERING THESE ADDITIONAL FACTORS.

>> YES. THAT'S EXACTLY IT. THAT'S ACTUALLY SUMMARIZES IT A

LITTLE BETTER. >> OKAY. I JUST WANTED TO MAKE

SURE THAT IS WHAT THAT SAID. >> MADAM CHAIR, I THINK YOU HAVE

LEGAL BACKGROUND AS WELL. >> A LITTLE BIT.

>> THAT'S EXACTLY IT. IT DOESN'T CHANGE ANYTHING NEW NECESSARILY. IS REALLY CODIFYING WHAT HAS ALREADY BEEN AN EVOLVING PRINCIPAL THAT IS ESTABLISHED BY THE SUPREME COURT OF THE UNITED STATES. SO WE'RE CODIFYING IT. SO WE ARE CONSISTENT WITH IT. THE SECOND MAJOR AMENDMENT COMES IN SUBSECTION G. THE PETITIONS EXCLUDED FROM COMPLIANCE. WE HAD QUESTIONS ABOUT THOSE QUITE OFTEN. THE FACT IS, CERTAIN PETITIONS SIMPLY WILL NOT BE ABLE TO MEET THE PROPORTIONALITY REQUIREMENT THAT WE JUST TALKED ABOUT. BECAUSE THEY'RE JUST SO SMALL THAT THERE IS NO FORESEEABLE STRESS ON INFRASTRUCTURE. WE EXCLUDED FOUR SPECIFIC TYPES OF PETITIONS.

NUMBER ONE, DEVELOPING STANDARD VARIANCES . THE DEVELOPMENT STANDARD VARIANCES ARE GENERALLY VERY PROJECT SPECIFIC. THEY INVOLVE VERY MINOR VARIATIONS. WE USUALLY DON'T ADD INFRASTRUCTURE AS FAR AS ROADS GO, OR ANYBODY'S TO THE CITY , ET CETERA. SO THEY AFFECT THE AESTHETICS HOW THE CITY LOOKS LIKE , OR MINOR VARIATIONS FROM SETBACKS, ET CETERA. SO WOULD BE VERY HARD TO JUSTIFY THE CONSTRUCTION FOR ROOF CHANGE.

THAT'S NUMBER ONE. NUMBER TWO IS RESIDENTIAL. DWELLING, RENTAL, SPECIAL EXCEPTIONS. THE REASON FOR THAT, -- REQUIRED FOR ANYWAYS. NUMBER ONE, IT'S REGULAR AND BY THE STATE STATUTE IN PART. ALSO, IT'S A TEMPORARY PERMIT. TO REQUEST SOMETHING THAT IS PERMANENT IS USUALLY LIMITED TO YEAR. USUALLY IT CAN BE EXTENDED. THE THOUGHT THAT THIS WOULD BE UNFAIR AND SO THE -- OCCASIONALLY WHAT DOES COME UP IS ADLS PETITIONS. AND THIS AMENDMENT IS CONNECTED NOW THAT YOU HAVE ALREADY DONE. WE HAVE A PLAN PROCESS. ACTUALLY, THE ONE THAT WAS JUST IN FRONT OF YOU IS ITEM NUMBER ONE. IT DID NOT INCLUDE ADLS BUT HAD EVERY DEVELOPMENT PLAN THAT YOU REQUIRED. THIS IS FOR DEDICATIONS OF IN LIEU PAYMENT REQUIREMENTS COMING IN. IT'S NOT REALLY ON THE ADLS STAGE. AGAIN, ADLS DEALS WITH AESTHETIC ATTRIBUTES OF IT. THEY DON'T DEAL WITH REGULATION OF LAND ITSELF , HOW THE LAND IS DIVIDED. THE ADLS IS EXCLUDED.

THERE IS NO B1 AND B2 ADLS . THOSE TWO ARE INCONSISTENT DISTRICTS WHERE IT WAS REQUIRED OCCASIONALLY FOR DEDICATION. IN LIEU PAYMENTS. NOT ANYMORE. NOW IT'S ALL STREAMLINED. IT COMES

[01:20:06]

>> THANK YOU FOR THAT THOROUGH EXPLANATION. I APPRECIATE THAT.

SIMILAR, NOT A CHANGE QUESTION. I THINK I'VE GOT ONE OTHER.

SECTION 1.12 CODE ENFORCEMENT. YOU ADDED THE COMMON COUNCIL, PLANNING COMMISSION AND BCA CAN OFFER CONDITIONS. CONDITIONS OR APPROVALS MADE BEFORE THEM. CAN YOU EXPLAIN THAT OR GIVE AN EXAMPLE ? HOW WOULD WE ENFORCE? IF IT'S A CODE ENFORCEMENT ISSUE WOULD WE JUST TYPICALLY, I DON'T KNOW, SORRY.

>> IT'S AN EXCELLENT QUESTION. AND LAND USE AS WELL. THE CODE ENFORCEMENT , IT'S NOT ONLY CONNECTED TO A CITY CODE , IT'S ALSO COOL ENFORCEMENT AS OTHER TYPES OF ENFORCEMENT, INCLUDING ZONING ENFORCEMENT. THERE ARE SEVERAL DOCUMENTS THAT CONTROL THE INITIATION OF ENFORCEMENT. ONE OF COURSE WAS THE UTO. IF THE FAMILY MEMBER DOES NOT MEET THAT UTO STANDARDS AND REQUIREMENTS. SO THE CODE ENFORCEMENT WOULD INITIATE THE ZONING VIOLATION THERE. BUT ALSO, COMMITMENTS OR ADDITIONS THAT ARE MADE SPECIFIC TO A GOVERNMENTAL BODY . IT CAN BE MADE FOR THE PLANNING COMMISSION. AND RESOUNDS, IT IS USUALLY MADE TO COUNSEL. IT IS THOSE TWO BODIES THAT CAN ENFORCE THOSE COMMITMENTS OR CONDITIONS AGAINST THE DEVELOP PETITIONER. THEY WILL BE THE ENFORCING ENTITY. BUT THE INITIATION WOULD COME FROM THE GOVERNMENTAL BODY FOR THE PARTICULAR COMMITMENT OR CONDITION FOR THE VIOLATION THAT IS BEING MADE. IN YOUR CASE, MOST OF IT WILL COME FROM DEVELOPMENT PLAN ADLS PLANS AND COMMITMENT IN CASE OF THE CITY COUNCIL FOR THE REDEVELOPMENT PROJECT AND REZONE PROJECT.

>> OKAY. THANK YOU FOR THAT. ANYBODY ELSE HAVE ANY QUESTIONS?

I CAN KEEP GOING. >> I'M SORRY, ONE MORE. IN A BZA ANY CONDITIONS OR COMMITMENTS ON USE AND DEVELOP IN STANDARD VARIANCES , AS WELL AS SPECIAL EXCEPTIONS, THEY ARE

CONSIDERED AS WELL. >> OKAY. ONE OTHER QUESTION .

WHAT IS THIS ONE? 1.19. THE ADMINISTERED OF INTERPRETATION.

I JUST WAS CURIOUS. EXAMPLES, HAS THIS HAPPENED? CAN YOU WALK ME THROUGH THAT? AND THEN THAT'S MY LAST QUESTION.

>> IT HAPPENS OCCASIONALLY. HE CAN ATTEST TO THAT. IT IS ONE OF THE MOST FUN TIMES THAT WE'VE HAD, TRYING TO INTERPRET UDO .

THE USE OR PARTICULAR REQUIREMENT THAT POPPED UP OFTEN AS AMENDED. UDO CANNOT REALISTICALLY ADDRESS OUT THERE.

I WILL GIVE YOU AN EXAMPLE , WE ARE CURRENTLY WORKING ON A LAND-USE COMMITTEE. JUST FIVE, SIX, SEVEN YEARS AGO WHEN UDO WAS WRITTEN IT WAS ONLY ONE TYPE OF ABILITY THAT WE ADDRESSED WAS SEGUES. WE HAD A VERY WEIRD DEFINITION OF IT. BUT NOW YOU WILL SEE PROBABLY A DOZEN DIFFERENT TYPES. AND NONE

[01:25:04]

OCCASIONALLY, WE DO BRING USES THAT POP UP. IS IT ONE OF THE EXAMPLES, THAT'S PROBABLY THE MOST COMMON PICK

>> THANK YOU. I APPRECIATE THE EXAMPLE. IT HELPS PUT IN CONTEXT. I APPRECIATE THAT. I DON'T HAVE ANY OTHER QUESTIONS OTHER THAN, TO CHANGE TO 1.06. I ASSUME THAT YOU ARE GOOD WITH

THAT? PROBABLY DRAFTED IT. NO? >> WE NEED ON UDO EVERY SINGLE WEEK. SHE IS VERY THOROUGH AND EVERYTHING THAT COMES UP ESPECIALLY IN UDO HISTORY. SHE HAS A WEALTH OF KNOWLEDGE. SHE

POINTED THAT OUT. ABSOLUTELY. >> GOOD CATCH. GOOD CATCH. ANY

OTHER QUESTIONS? >> I'VE GOT A QUESTION.

>> YES, JEFF? >> RELATED TO THE FIRST TOPIC YOU TALKED ABOUT, CHRISTINE. IN LIEU OF MY UNDERSTANDING, THE MOST COMMON WE SEE IN LIEU OF MULTIUSE PATH CONSTRUCTION . I THINK WE SAW ONE A MONTH OR SO AGO ON 136TH STREET RELATED TO A SMALL PORTION PATH NEAR SOME TREES. THERE'S CHALLENGES IN BUILDING IT. I AM RESPECTFUL OF THAT. I HEAR OUR STAFF TALKED ABOUT OUR PREFERENCE IS TO BUILD THESE ITEMS WITH DEVELOPERS THAT ARE THERE AND AVAILABLE FOR NEIGHBORHOOD TO USE, PUBLIC TO USE. IS THERE WAY TO, WHETHER IT'S IN THIS ORDINANCE OR OTHERWISE, TO SET THAT PRIORITIZATION? WE WANT THIS FIRST, AND AS A BACKUP PLAN WE HAVE THIS PAYMENT, VERSUS, THEY ALSO LIKE THEY ARE EQUAL OPPORTUNITIES WERE EQUAL OPTIONS. ARE WE ABLE TO INTRODUCE A SECOND APPROVAL PROCESS WHERE WE COME BACK TO THIS BODY OR SOMETHING LIKE THAT ? JUST SO FOLKS MAY SAY, I DO WANT TO DO THAT, I WOULD JUST PUT THE INFRASTRUCTURE IN. IS THERE AN ECONOMIC INCENTIVE THAT WE CAN APPLY A PREMIUM TO IF THEY DON'T BUILD IT TODAY? BECAUSE IF THE CITY BUILDS IT A YEAR, TWO, THREE, OR FIVE OR 10 DOWN THE ROAD IT MAY BE HIGHER. OTHER IMPACTS? IS THERE A WAY WE CAN GET THE STUFF IN THE GROUND TODAY IS WHAT I'M WONDERING?

>> IT'S A VERY GOOD QUESTION. IT HAS BEEN ADDRESSED BY QUITE A FEW CASES. ESPECIALLY THE MOST RECENT CASES . OUR CONCERN THERE , THAT IS A REASON FOR HAVING IT AS AN EITHER/OR REQUIREMENT. THE WHOLE CONCEPT OF THE SIDEWALKS AND NOWHERE HAS BEEN ADDRESSED BY THE CORE A COUPLE OF TIMES. SPRING CORE IS JUST NOT A FAN OF IT. SO WE HAVE DECIDED TO, RATHER THAN HAVING A CONCRETE RULE , A VERY STRINGENT RULE , HAVING EITHER/OR. SO IF IT MAKES SENSE FOR A PORTION OF SIDEWALK TODAY, ESPECIALY IF IT HAS CONNECTING PARTS ON EACH SIDE , OR IN IMPROVED SIDEWALK , OBVIOUSLY IT WOULD BE A PREFERENCE. I THINK THAT IS MOST OF THE TIME THE PREFERRED PATH. HOWEVER, IF THERE IS TRULY NO SIDEWALK THERE ON EITHER SIDE, IT CAN BE DORMANT FOR VERY LONG TIME. AND THERE WOULD JUST BE ONE PORTION OF THE SIDEWALK.

ANOTHER PROBLEM WE HAVE IS, ONCE THE CITY FINALLY DEVELOPS OF SIDEWALKS AND MULTIUSE PATHS OUR ENGINEERING STANDARDS MIGHT BE DIFFERENT. SO ALL OF THAT WORK SOMETIMES GOES TO WASTE BECAUSE YOU STILL HAVE A TON OF PEOPLE THAT CAN USE IT BUT SOMETIMES WE HAVE TO REMOVE AND REDO IT BECAUSE OF THE CHANGE IN

[01:30:01]

RATHER THAN ONE, AND IF THAT DOESN'T WORK, AND THE OTHER IS

A SECONDARY OPTION. >> MADAM CHAIR, MAY I?

>> YES, COUNCILMAN? >> I WANT TO TALK TO JEFF ABOUT THAT. WE DID TRY TO OPPOSE THOSE RULES DURING LAND-USE AND SERGEI GAVE US A REALLY GOOD EXPEDITION. BECAUSE WE, AS CITY COUNSELORS, I WANT TO SEE ALL OF THE PATHS DONE TODAY. ONE OF THE EXPLANATIONS IN ONE OF THE DISCUSSIONS WE HAD, SPECIFICALLY , I BELIEVE, IT WASN'T THE 136. IT WAS ANOTHER PROJECT. IT MIGHT HAVE BEEN ONE IN AZLE. I CAN REMEMBER. HE WAS PETITIONING NOT TO HAVE TO DO IT AT ALL, EITHER/OR. BUT HOW IT IS WRITTEN, THAT'S IT. THAT'S IT. UNLESS YOU GO TO THE BZA OR PBW.

I'M NOT EVEN SURE WHO WAS ALLOWED TO OVERRIDE THAT. BUT ALL OF US WANT THOSE TRAILS TO BE BUILT RIGHT NOW. THAT WAS VERY VOCAL. I JUST DIDN'T WANT YOU TO THINK IT WAS SOMETHING WE

HADN'T THOUGHT OF. BUT WE DID. >> IT WAS DEFINITELY A LONG DISCUSSION. AND I UNDERSTAND FOR A LOT OF CONSIDERATIONS THAT IT IS LOOKED AT VERY DIFFERENTLY. I THINK OUR RECOMMENDATION WILL

STAND ON THIS ONE. >> IN QUESTION. THANK YOU. ANY OTHER QUESTIONS? I GUESS WE NEED TO SUSPEND OUR RULES AND PROCEDURE IF WE ARE GOING TO TAKE ACTION ON THIS EVENING.

>> I MOVE WE SUSPEND THE RULES AND PROCEDURES SO THAT WE CAN

ACT ON THIS TONIGHT. >> SECOND.

>> THANK YOU FOR YOUR MOTION AND SECOND. ALL THOSE IN FAVOR OF SUSPENDING OUR RULES AND PROCEDURES TO TAKE VOTES ON THIS EVENING, PLEASE SAY AYE. IN YOUR POST? HEARING ON. THE RULES ARE

SUSPENDED. >> MADAM CHAIR, QUICK QUESTION.

I DON'T KNOW WHAT YOU WOULD CALL A PARLIAMENTARY WISE. AM I

ALLOWED TO VOTE ON THIS? >> YES. YOU ARE A MEMBER OF THE

PLANNING COMMISSION PICK >> I WASN'T SURE IF I WOULD

HAVE TO RECUSE MYSELF. >> KNOW. THANK YOU. I DO NEED A MOTION TO SEND THE AMENDED VERSION. TO HAVE A MOTION?

>> SO MOVED. >> SECOND.

>> SO HAVE A MOTION TO GIVE THIS A RECOMMENDATION , AS AMENDED, WITH THE CHANGE PICK SECTION 1.6 . ALL THOSE IN FAVOR? SAY AYE.

ANY POST? HEARING NONE. IT IS GOING ON TO CITY COUNCIL WITH THE RECOMMENDATION UNANIMOUS. THANK YOU FOR ALL OF YOUR WORK.

* This transcript was compiled from uncorrected Closed Captioning.