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[00:00:01]

GOOD EVENING.

WE'LL

[1. Call to Order of the Edmond Planning Commission.]

CALL THE TO ORDER THE PLANNING COMMISSION MEETING OF DECEMBER THE SECOND, 2025.

UM,

[E. Case No. Z25-00019; Public Hearing and Consideration for a Rezoning from “D-0” Suburban Office to “PUD Z25-00019” Bryant Brownstones Planned Unit Development, located on the southwest corner of Bryant Ave and Locust Lane. (CEC, Inc; Ward 3)]

THE FIRST ITEM IS WE ARE GOING, WE ARE REQUESTING TO CONTINUE.

ITEM NUMBER, IT'S CASE NUMBER Z 25 DASH 0 0 0 1 9, PUBLIC HEARING AND CONSIDERATION FOR REZONING FROM A DO SUBURBAN OFFICE TO PUDZ 25 DASH 0 0 0 1 9.

THIS IS THE BRYANT BROWNSTONES PLAN UNIT DEVELOPMENT AND THE APPLICANT HAS REQUESTED A CONTINUANCE TO THIS ITEM, SO IT WOULD NOT BE HEARD TONIGHT IF APPROVED BY THE COMMISSIONERS.

SO I WILL LOOK FOR A MOTION AND A SECOND ON THE CONTINUANCE OF ITEM FOUR E.

MOTION TO APPROVE THE CONTINUANCE.

WE HAVE A MOTION.

SECOND.

WE HAVE A SECOND.

OKAY.

BY A VOTE.

A FOUR TO ZERO.

AGENDA ITEM FOUR E HAS BEEN CONTINUED AND WILL NOT BE HEARD TONIGHT AT THIS HEARING.

ALRIGHT, WE'LL GIVE JUST ONE SECOND.

RIGHT.

THERE'S NOTHING.

JUST CONTINUE.

MM-HMM .

I'M ASSUMING RIGHT THERE WAS NO, WE GOT NO DATE DID WE? .

ALRIGHT.

CONTINUING

[2. General Consent Items: Items listed under General Consent are usually approved as a group with the proper motion from a member of the Planning Commission. Members of the Planning Commission may pull any item under General Consent for separate discussion and/or action.]

DOWN OUR AGENDA ITEM NUMBER TWO.

SO WE HAVE GENERAL CONSENT ITEMS. THE, UH, ITEMS LISTED UNDER GENERAL CONSENT ARE USUALLY APPROVED AS A GROUP FOR THE PROPER MOTION FROM A MEMBER OF THE PLANNING COMMISSION.

MEMBERS OF THE PLANNING COMMISSION MAY PULL ANY ITEM UNDER THE GENERAL CONSENT AS A SEPARATE DISCUSSION ITEM.

DO WE HAVE ANY OF THE ITEMS A OR B THREE OR TWO A OR B THAT NEED TO BE PULLED FOR CON INDIVIDUAL DISCUSSION? SEEING NONE, LOOK FOR A MOTION AND A SECOND ON THE GENERAL CONSENT AGENDA.

I MAKE A MOTION.

WE HAVE A MOTION SECOND, AND WE HAVE A SECOND BY A VOTE OF FOUR TO ZERO.

THE GENERAL CONSENT AGENDA IS APPROVED AND CASE OR AGENDA ITEM B, CASE NUMBER PR TWO FIVE DASH 0 0 0 1 7.

WE'LL CONTINUE ON TO CA THE CITY COUNCIL MEETING ON JANUARY THE 12TH.

MOVING ON TO

[A. Case No. DD24-00008; Consideration of a Deed Certification for Caspian Lakes, located on the north side of East 33rd Street, east of Post Road. (Caspian Lakes, LLC; Ward 2)]

AGENDA ITEM THREE, DISCUSSION AND CONSIDERATION ITEMS. UH, WE ARE GONNA LOOK AT ITEM NUMBER THREE A, ARE YOU PRESENTING THIS? OKAY.

AND WE'LL HAVE BECCA PRESENT THERE SOME FOREST.

THANK YOU.

THANK YOU.

THE, YOU HEAR ME? THE APPLICANT IS REQUESTING APPROVAL OF A DEED CERTIFICATION FOR CASPIAN LAKES LOCATED ON THE NORTH SIDE OF EAST 33RD STREET, EAST OF POST ROAD.

THE PROPERTY WAS ORIGINALLY DIVIDED INTO MULTIPLE PARCELS OF AT LEAST FIVE ACRES EACH, WHICH DOES NOT REQUIRE CITY APPROVAL AND WAS COMPLETED AT THE COUNTY.

THE APPLICANT IS NOW REQUESTING EACH OF THOSE PARCELS BE DIVIDED FURTHER INTO SIX TOTAL PARCELS RANGING IN SIZE FROM 2.07 TO 3.46 ACRES.

A ZONE MAP AMENDMENT IS NOT REQUIRED AS THE PROPERTY IS ZONED R ONE RURAL ESTATE WITH A MINIMUM LOT SIZE OF 90,000 SQUARE FEET OR APPROXIMATELY 2.06 ACRES.

THE CITY COUNCIL APPROVED A VARIANCE TO TITLES 23.2 0.04 AND OTHER APPLICABLE SECTIONS TO ALLOW FOR FEE IN LIEU OF DETENTION DURING THEIR NOVEMBER 10TH, 2025 MEETING.

THE APPLICANT IS REQUESTING A VARIANCE TO TITLE 21.0 3.070 AND TITLE 21.0 3.080 REQUIRING CONNECTION TO THE CITY WATER SUPPLY IF IT IS LOCATED IN THE RIGHT OF WAY OF A STREET WITHIN ONE FOURTH MILE IN ANY DIRECTION.

DEVELOPMENT ENGINEERING STAFF DO NOT SUPPORT THIS VARIANCE AND ARE AVAILABLE TO ADD CONTEXT OR ANSWER ANY QUESTIONS REGARDING THIS VARIANCE.

THANK YOU VERY MUCH.

THANK YOU VERY MUCH FOR THAT.

WOULD THE, AS THE APPLICANT HERE AND WOULD YOU CARE TO, UH, ADD, ADD ANYTHING TO THE PRESENTATION OF THE CITY STAFF? HELLO, MY NAME IS ANDREAS BECKER AND I'M REPRESENTING THE APPLICANT WITH RED PLAINS PROFESSIONAL.

SO TO GIVE A LITTLE BIT OF BACKGROUND ON THIS, THIS IS, THIS IS THE LAND OWNER AND HIS FAMILY AND IT'S BASICALLY SPLITTING IT SO THAT HIS FAMILY CAN ALSO BUILD THEIR HOUSES NEARBY.

ALL OF THE NEARBY HOUSES ARE ON WELL AND SEPTIC AS WELL.

SO, AND THREE HOUSES, THERE'S ONE HOUSE ALREADY THERE, THERE'S TWO THAT ARE BEING BUILT RIGHT NOW AND THOSE ARE ALSO ON WELL AND SEPTIC.

EVERY HOUSE THAT YOU CAN SEE ON THE RIGHT HAND SIDE ON THE EAST SIDE IS ALL ON WELL AND SEPTIC AS WELL.

SO EVERYTHING AROUND IT IS ON WELL AND SEPTIC AND THAT'S BASICALLY IT FOR THIS PROJECT.

THANK YOU.

ANY QUESTIONS OF

[00:05:01]

THE COMMISSIONERS OF CITY STAFF OR THE APPLICANT AT THIS TIME? I, I, I DO HAVE ONE.

CAN YOU, I MEAN, SO THIS IS A, THIS IS KIND OF CITY STAFF REGARDING THE WATERWAY AS FAR AS, I MEAN WE HAD THE SAME QUESTION KIND OF CAME UP LAST TIME IN THE LAST MEETING AS FAR AS, YOU GUYS ARE NOT RECOMMENDING US TO DO A VARIANCE AT THIS TIME TO THE, TO THE WATER LOOP OUT THERE IS WHAT YOUR, IS THAT WHAT YOU'RE TELLING US? CORRECT.

I ASK, HANG ON SIR.

UM, ARE YOU THE APPLICANT? YEAH.

OKAY.

YOU CAN COME UP AND ADD TO HIS TO HIS PRESENTATION IF YOU'D LIKE BECAUSE WHEN WE SUBMITTED THIS APPLICATION WE WERE LET TO BELIEVE THAT THAT IS NEARLY A FORMALITY, NEARLY EVERY HOUSE TO THE EAST OF US AT LAKES OF THE WOOD, SMALLER LOTS ARE ON WELL AND SEPTIC.

SO WE'RE NOT DOING ANYTHING UNUSUAL.

ALL THE HOMES TO THE WEST OF US ARE ALL UNWELL AND SEPTICS.

THE ONLY THING THAT CHANGED FROM THE TIME WE PURCHASED THIS PROPERTY, ME AND MY FAMILY AND MY FRIENDS ALL TOGETHER TO BE ABLE TO ALL LIVE IN ONE NEIGHBORHOOD, EIGHT HOUSES ONLY WAS AT THE TIME CHIP PUT FARM HAD NOT BROUGHT IN WATER CLOSER TO US.

SO WHEN WE DECIDED THIS, IT WAS BY THE SHARE OF LUCK THAT THEY DEVELOPED THEIR NEIGHBORHOOD BEFORE WE APPLIED FOR VARIANCE TO, YOU KNOW, BASICALLY DIVIDE UP OUR LUCKS.

OTHER THAN THAT, WE'RE NOT DOING ANYTHING UNUSUAL THAT'S BEEN DONE WITHIN FIVE MILES OF US ANY DIRECTION.

SO WHY WOULD, AND ALL WE'RE DOING IS ADDING THREE MORE LOTS IN 54 ACRES IN THAT AREA.

HOW, HOW WAS, HOW WOULD THAT AFFECT ANYTHING? YOU KNOW, I THINK, UH, KEITH HERE WAS THE ENGINEER AT THE TIME WHEN THEY DID LAKES OF THE WOOD ON A PRIVATE FARM WITH ASSOCIATE AND ALL OF THOSE HOMES WERE APPROVED AND THEY'RE GENERAL, THEY'RE ALL AROUND TWO TO THREE ACRES, SOME OF THEM EVEN ONE AND A HALF ACRE AND THEY'RE ALL ON WELL AND SEPTICS AND THERE IS, GOSH, OVER 50 HOMES THERE WITHIN QUARTER A MILE TO THE EAST OF US AND EVERYTHING TO THE WEST OF US WAS THE SAME.

THIS IS THE ONLY LITTLE THREE LOTS THAT WOULD BE ADDED TO THIS, THAT AREA.

IT DOESN'T IMPACT ANYONE OTHER THAN ALLOWS ME AND MY FAMILY TO BE ABLE TO LIVE THERE TOGETHER.

OKAY, THANK YOU.

ANYTHING ELSE YOU WANNA ADD? WELL, I WAS JUST ASKING, WELL, I MEAN WE CAN'T DO IT BACK AND FORTH RIGHT NOW.

THAT'S, THAT'S KIND OF BEFORE THE MEETING, SO, ALRIGHT.

COULD YOU ELABORATE A LITTLE BIT ON FOR SURE.

GOOD QUESTION.

AUSTIN SMITH REPRESENTING ENGINEERING, WE, UH, SO OUR SENIOR RESOURCES ENGINEER, OH IS IT NOT? THERE YOU GO.

CAN YOU HEAR ME NOW? THERE YOU GO.

THANK YOU.

SORRY.

UH, SO OUR SENIOR WATER RESOURCES ENGINEER, UM, HE REVIEWED THIS AND THE REQUIREMENT IS SOLELY BASED ON THE DISTANCE TO A PUBLIC WATER MAIN.

AND SO DESPITE THE SURROUNDING AREA ALL BEING ON WELL AND SEPTIC AS HE CLAIMED, UH, THE REQUIREMENT IS PURELY ON THE DISTANCE TO A PUBLIC WATER MAIN.

SO WHEN WAS THAT WATER MAIN? WAS IT, IS IT NEWLY, NEWLY INSTALLED OR HAS IT BEEN THERE A WHILE? DO YOU KNOW? OFF THE TOP OF MY HEAD I CANNOT SAY.

I WAS JUST CURIOUS.

OKAY.

CERTAIN, BUT IT'S THERE NOW, SO OUR EXPECTATION IS FOR THEM TO CONNECT TO IT DESPITE THE SITUATION SURROUNDING THEM.

OKAY.

AND THAT'S PURELY JUST FOR, UM, ENSURING THAT WE CAN CONTINUE, UH, MOVING THE WATER QUALITY THROUGHOUT THE CITY.

UM, OTHERWISE WE WOULD BE, UM, NOT BEING ABLE TO EXPAND IN THIS AREA.

SO THAT'S ANOTHER REASON WHY WE'RE REQUIRING IT OR ENCOURAGING IT FOR THIS TIME.

SURE.

OKAY.

THANK YOU.

ANY OTHER QUESTIONS OF THE COMMISSIONERS OF THE CITY STAFF OR THE APPLICANT AT THIS TIME? OKAY, PUBLIC COMMENTS.

DO ANY, UM, OH, SORRY, THIS IS NOT A PUBLIC COMMENT.

ONE THE, LOOKING FOR A MOTION TO KEEP IN MIND GUYS.

WE ARE GOING TO BE VOTING ON THE TWO VARIANCES INDIVIDUALLY.

THAT'S THE NEW POLICY, OUR NEW WAY.

WE'RE GONNA START DOING THOSE.

SO THOSE WILL BE VOTED ON INDEPENDENTLY.

UM, SO LOOKING FOR, WE HAVE THREE ITEMS HERE ON THIS ONE.

AND SO WE WILL BE LOOKING FOR A, WE'LL START, UM, WELL, WE'LL MAKE A MOTION, BUT THE FIRST ONE THAT WE'LL VOTE ON WILL BE 21.0 3.070.

SO THAT'LL BE THE FIRST ONE WE HAVE TO TAKE UP.

UH, MOTION TO APPROVE THE VARIANCE TO TITLE 21 0 3 0 7 0.

WE HAVE A MOTION.

THIS IS FOR THE VARIANCE? YES.

JUST ON, UH, THE ONE ENDING IN 0 7 0,

[00:10:01]

THERE'S TWO OF THEM AND THIS ONE IS THE CONNECTION TO CITY WATER.

BOTH OF THEM ARE ESSENTIALLY, THERE'S TWO RULES THOUGH, THAT'S THE VARIANCE TO TWO DIFFERENT RULES OF THE CITY.

OKAY.

SO IF YOU SEE THAT THE, IN OUR UH, REPORT THERE SAYS THE APPLICANT IS REQUESTING VARIANCES TO TITLES.

21 DASH OH THREE DASH, THERE'S TWO OF THEM.

SO WE HAVE TO VOTE ON THOSE INDEPENDENTLY.

YEP.

SO THIS IS, THE FIRST ONE WILL BE THE OH SEVEN ZERO THAT, UH, THAT MARK HAS MADE A MOTION FOR.

ALRIGHT, I'LL SECOND WE HAVE A SECOND.

OH, THERE, IT'S BY A VOTE OF ONE TO THREE.

THAT ONE DOES NOT PASS.

PLANNING COMMISSION.

WE WILL LOOK AT VARIANCE NUMBER 2103 DASH EIGHT A MOTION TO APPROVE THE VARIANCE TO TITLE 21 0 3 0 8 0.

THANK YOU, SIR.

WE HAVE A MOTION.

I'LL SECOND.

WE HAVE A SECOND BY A VOTE OF ONE TO THREE.

THE VARIANCE DOES NOT PASS THE PLAINTIFF COMMISSION.

AND NOW WE HAVE THE, THE, UH, THE ACTUAL CASE, LESS THE VARIANCES.

SO WE WILL NOW VOTE ON THE, UH, CASE NUMBER DD 24 DASH 0 0 0 0 8.

MAKE A MOTION TO APPROVE MOTION.

WE HAVE A MOTION, SECOND TO APPROVE WITHOUT THE VARIANCES.

AND A SECOND TO APPROVE WITHOUT THE VARIANCES BY VOTE OF FOUR TO ZERO.

THAT ONE PASSES AND THAT WILL MOVE ON TO CITY COUNCIL ON JANUARY 12TH, 2026.

THANK YOU.

MOVING ON THE AGENDA, UH, NUMBER FOUR, PUBLIC HEARING ITEMS, UH, ITEMS LISTED UNDER PUBLIC HEARING ITEMS USUALLY DISCUSSED AND CONSIDERED INDIVIDUALLY BY MEMBERS OF THE PLANNING COMMISSION EACH ITEM AND PROVIDES AN OPPORTUNITY FOR MEMBERS OF THE PUBLIC TO SPEAK IN ACCORDANCE WITH THE CITY COUNCIL PUBLIC'S WORTH AUTHORITY RULES.

MOVING

[A. Case No. SP24-00022; Public Hearing and Consideration for a Site Plan for Take 5 Oil Change, located at 1800 E 2nd Street. (Altar Group PLLC; Ward 1)]

ON TO AGENDA FOUR, A CASE NUMBER SP 24 DASH 0 0 0 2 2 PUBLIC HEARING IN CONSIDERATION FOR A SITE PLAN OF THE TAKE FIVE OIL CHANGE LOCATED 1800 EAST SECOND STREET AND BECCA, WILL YOU PRESENT PLEASE? THANK YOU.

THE APPLICANT'S REQUESTING APPROVAL OF A SITE PLAN FOR A 1,682 SQUARE FOOT.

TAKE FIVE OIL CHANGE LOCATED AT 1800 EAST SECOND STREET.

PREVIOUSLY A FUEL STATION AND CAR WASH.

THE SITE IS NOW VACANT AS ALL STRUCTURES HAVE BEEN REMOVED.

THE 1.37 ACRE PROPERTY IS ZONED E TWO OPEN DISPLAY COMMERCIAL, WHICH ALLOWS AUTOMOTIVE SERVICE BY RIGHT AND ACCOMPANYING FINAL PLAT IS CURRENTLY IN THE DEVELOPMENT REVIEW PROCESS.

THE PROPERTY ABUTS THE MULTIFAMILY DEVELOPMENT OF VISTA OF EDMOND TO THE SOUTH AND THE EXISTING SITE PROOF FENCE BETWEEN THE PROPERTIES SHALL REMAIN IN PLACE.

THE APPLICANT IS REQUESTING A VARIANCE TO TITLE 21.0 2.030 A, REQUIRING 90 FEET OF RIGHT OF WAY ON SECOND STREET.

THE APPLICANT IS PROPOSING TO DEDICATE 70 FEET WITH AN ADJACENT 20 FOOT UTILITY EASEMENT.

DEVELOPMENT ENGINEERING STAFF SUPPORT THE REQUEST AND ARE AVAILABLE TO ADD CONTEXT OR ANSWER ANY QUESTIONS REGARDING THIS VARIANCE.

THERE IS A MINOR CHANGE.

I DID WANNA MENTION THE SITE PLAN ON THE SCREEN SHOWS ONE MORE PARKING SPACE ON THE SOUTH SIDE OF THE PROPERTY FROM THE SITE PLAN.

IN YOUR AGENDA PACKETS, THE PARKING SPACE WAS ACCIDENTALLY LEFT OFF THE SITE PLAN FOUND IN THE AGENDA PACKET, WHICH ACTUALLY ONLY SHOWS EIGHT SPACES.

INSTEAD OF THE CODE REQUIREMENT OF NINE, THIS DOES NOT INCREASE THE TOTAL NUMBER OF SPACES.

IT WAS AN ACCIDENTAL REMOVAL OF A SPACE AND A CORRECTION ON THE PLAN ITSELF.

STAFF RECOMMENDS APPROVAL.

THANK YOU.

DOES THE APPLICANT WISH TO ADD TO THE PRESENTATION OF CITY STAFF? GOOD EVENING.

UM, MY NAME, VU.

I'M HERE ON BEHALF OF ALTA GROUP, UH, ON BEHALF OF ALTA GROUP.

UM, UH, THE APPLICANT FOR CASE NUMBER SP 2 4 0 0 0 22.

UM, SINCE OUR SITE WE APPRECIATE, UM, BECCA CLEAR MEMO, UM, OUT OUTLINE OUR PROPOSAL AND THE, UM, RECOMMENDATION FOR APPROVAL.

UM, SINCE WE HAVE A VERY SMALL SITE, SO THE REQUESTED, UM, VARIANCE IS VERY ESSENTIAL FOR US TO MAINTAIN THE, UM, UM, CROSS ACCESS THE, THE ASSISTANT CROSS ACCESS, UM, TO PROPERTY TO REQUEST.

UM, AND IT'S ALSO ALLOW TO PROVIDE OR REQUIRE SITE, UH, FEATURES AND AMENITY WHILE STAY IN COMPLIANT WITH THE CITY'S UM, STANDARDS.

THANK YOU.

THANK YOU.

ANY QUESTIONS OF THE COMMISSIONERS OF THE APPLICANT OR OF CITY STAFF?

[00:15:01]

SEEING NONE, ANY PUBLIC COMMENTS ANYBODY WISH TO SPEAK FOR AND AGAINST THIS PROJECT, PLEASE COME FORWARD.

SEEING NONE, PUBLIC COMMENTS ARE CLOSED.

LOOKING FOR A, UH, AND AGAIN, THIS HAS A VARIANCE TO IT, SO WE WILL HAVE TWO DIFFERENT ITEMS TO VOTE ON HERE.

UH, THE FIRST WILL BE THE VARIANCE, WHICH IS TITLE NUMBER 21 DASH ZERO THREE DASH 0 3 0 A.

SO THAT'D BE THE FIRST ONE.

WE'LL TAKE UP LOOKING FOR A MOTION AND A SECOND MAKE A MOTION TO APPROVE.

WE HAVE A MOTION SECOND, AND WE HAVE A SECOND BY A VOTE OF THREE TO ONE.

THAT ONE UH, PASSES THE PLANNING COMMISSION.

WE'RE NOW LOOKING FOR A VOTE ON CASE NUMBER SP 24 DASH 0 0 0 2 2 MINUS OR LESS THE VARIANCE.

LOOKING FOR A MOTION IN A SECOND? I'LL MAKE A MOTION.

WE HAVE A MOTION SECOND AND A SECOND BY A VOTE OF FOUR TO ZERO THAT IS APPROVED BY THE PLANNING COMMISSION.

IT MOVES ON TO CITY COUNCIL ON JANUARY 12TH, 2026.

THANK YOU.

MOVING

[B. Case No. SP23-00036; Public Hearing and Consideration of a Site Plan for Gardenia Apartments, located on the north side of Ayers Avenue, west of Bryant Avenue. (DAP Ventures, LLC; Ward 1) ]

DOWN THE AGENDA TO ITEM FOUR B, CASE NUMBER SP 23 DASH PUBLIC CARE IN CONSIDERATION OF A SITE PLAN FOR GARDEN APARTMENTS LOCATED ON THE NORTH SIDE OF AM AVENUE WEST OF BRYAN AVENUE.

UH, WILL YOU PLEASE PRESENT BECCA? THANK YOU.

THE APPLICANT IS REQUESTING APPROVAL OF A SITE PLAN FOR GARDENIA APARTMENTS LOCATED ON THE NORTH SIDE OF HEIRS JUST WEST OF BRYANT AVENUE.

THE 4.3 ACRE VACANT PROPERTY IS ZONED C3 HIGH DENSITY MULTIFAMILY RESIDENTIAL AND COMMUNITY SERVICES, WHICH ALLOWS APARTMENTS BY RIGHT.

THE SITE PLAN PROPOSES THREE 30,441 SQUARE FOOT STRUCTURES AND A TOTAL OF 69 UNITS.

A SENSITIVE BORDER EXISTS ON THE NORTH SIDE AND ALL STANDARDS HAVE BEEN MET.

THE SITE PLAN REFLECTS ALL COM COMMITMENTS MADE BY THE APPLICANT WITHIN THE AGREEMENT THEY MADE DURING THE 2018 MEETING WITH CITY COUNCIL.

THIS AGREEMENT AND THE CITY COUNCIL MEETING MINUTES ARE A PART OF THE ATTACHED DOCUMENTS WITHIN THE AGENDA PACKET.

STAFF RECOMMENDS APPROVAL.

THANK YOU.

DOES THE APPLICANT WISH TO ADD TO THE CITY'S PRESENTATION? THANK YOU.

CALEB MORGAN JOHNSON ASSOCIATES, UM, OR THE CIVIL ENGINEER FOR THIS PROJECT AS, UH, WAS PRESENTED.

IT'S A, UH, APARTMENT COMPLEX.

IT'S KIND OF AN INFILL FOR A PIECE OF PROPERTY THAT, UM, IT'S A LITTLE BIT HARD TO DEVELOP ON.

THERE'S A LOT OF SLOPE ACROSS IT, SO THERE WERE SOME CHALLENGES TO THAT, BUT WE WORKED WITH THE STAFF AND THEY WERE GREAT TO WORK WITH AND UH, WE HAD A LOT OF BACK AND FORTH, SO WE MET ALL THEIR REQUIREMENTS AND UM, WE DON'T SEE ANY ISSUES WITH IT, BUT IF YOU HAVE ANY QUESTIONS, I'D BE HAPPY TO ANSWER 'EM.

IT'S HARD TO TELL ON THERE, BUT DOES IT MEET THE 30 FOOT, UM, FROM THE NORTH PROPERTY LINE? I KNOW THAT WAS ONE OF THE AGREEMENTS IN THERE WAS THE 15 FOOT PLUS AN ADDITIONAL 15 FOOT.

RIGHT.

YEAH, WE HAD TO MAKE SOME ADJUSTMENTS TO MEET THAT, BUT IT DOES MEET THAT REQUIREMENT.

GOTCHA.

AND THIS ONE IS A LITTLE BIT DIFFERENT.

THIS PRESENTATION IS A LITTLE BIT DIFFERENT FROM THE NUMBER OF BUILDINGS FROM THE PREVIOUSLY APPROVED ONE.

OUR PREVIOUSLY DISCUSSED ONE.

AM I CORRECT IN SAYING THAT? YEAH, I'M, I WASN'T INVOLVED WITH THE PREVIOUS ONE, BUT I, I BELIEVE THAT'S CORRECT.

YEAH.

OKAY.

ANY OTHER QUESTIONS FOR THE APPLICANT OR OF CITY STAFF OF THE COMMISSIONERS? UH, YES, I HAVE ONE.

SO PREVIOUSLY WE DIDN'T HAVE THREE BUILDINGS APPROVED FOR THIS.

I'D HAVE TO CHECK THAT.

I'M NOT SURE FOR SURE.

I DON'T KNOW IF YOU KNOW THAT.

I DON'T KNOW IF ANY OF US WERE ON THE COUNCIL OR UP HERE.

COMMISSIONERS THEN.

18, DOES ANYBODY REMEMBER THAT? OKAY.

IT WAS FIVE WHEN I PURCHASED THIS PROPERTY.

IT WAS ALREADY, UH, ZONED AND IT HAD THREE BUILDINGS IN THIS CONFIGURATION.

BUT THEY WERE TWO STORY, TWO STORY BUILDINGS.

CORRECT.

OKAY.

BUT THEY WERE, THE LAYOUT WAS SIMILAR? VERY SIMILAR, YES.

OKAY.

ANY ADDITIONAL QUESTIONS OF THE APPLICANT OR OF CITY STAFF OR THE COMMISSIONERS? SO, SO THE NORTH BUILDING IS STILL TWO FEET, I MEAN, UH, TWO STORIES, NO, IT IS NOT, IT IS THREE STORIES, BUT IT MEETS ALL THE REQUIREMENTS SET FORTH.

THE 35 FOOT, I THINK WAS THE HEIGHT REQUIREMENT ON THAT ONE.

OH, OKAY.

IS THAT A BUILDING TO THE NORTH? I MEAN, ARE THEY GONNA HAVE WINDOWS OVERLOOKING THE BACKYARDS OF THE, THE NEIGHBORHOOD BEHIND THEM? IT WILL HAVE WINDOWS ON THE THIRD STORY.

CORRECT.

OKAY.

OKAY.

THANK YOU.

AND IN READING THE LETTER FROM THE ATTORNEY WITH THE CITY COUNCIL WITH DAVID BOX AND WITH THE CITY, IT SAID THE,

[00:20:01]

UM, THE FACADE WOULD MATCH THE, THE NEIGHBORHOOD AROUND IT.

I NOTICED THERE'S QUITE A BIT OF, KIND OF, OF SIDING ON THIS IS THAT SEEMS TO BE A LITTLE INCONSISTENT WITH THE SURROUNDING AREA.

WE HAVE A CONCRETE CEMENT SIDING, UH, OKAY.

STONE AND ALSO BRICK.

OKAY.

UH, TO MAKE THE MARK.

OKAY.

ANY ADDITIONAL QUESTIONS OF THE COMMISSIONERS FOR CITY STAFF OR OF THE APPLICANT? I SEEING NONE.

WE'LL MOVE ON TO PUBLIC COMMENTS.

UM, AND FOR THIS REMI, OR JUST A REMINDER FOR EVERYBODY, PLEASE MAKE ANY QUESTIONS OR ANY COMMENTS YOU HAVE, ADDRESS 'EM TO THE CHAIR OF THE COMMITTEE, WHICH IS MYSELF.

UM, EVERYBODY GETS ONE SHOT OF ASKING QUESTIONS AT THIS POINT AND THE WAY IT'LL WORK, IT'S NOT A BACK AND FORTH, JUST ASK YOUR QUESTIONS, WE'LL GATHER THEM AND AT THE END OF THE PRESENTATION WE WILL TRY TO GET THEM ALL ANSWERED FOR YOU.

SO STATE YOUR NAME AND FOR I'M GARY BARTLEY.

I RESIDE AT 1209 NINTH BRIDGE ROAD, WHICH WAS IN THE NOTIFICATION AREA FOR THIS PROJECT.

OKAY.

I HAVE SOME QUESTIONS AND SOME ISSUES I THINK SHOULD BE ADDRESSED BEFORE THE APPROVAL IS, UH, ASKED FOR.

UH, FIRST ISSUE IS THAT THERE WAS, I DROVE BY THE PROPERTY TWICE IN THE LAST FOUR DAYS, FIVE DAYS.

AND THERE IS NO SIGNAGE ON THE PROPERTY INDICATING THAT THERE WAS GONNA BE A HEARING OF THIS IF IT WAS THERE.

UH, I JUST KNOW THE LAST FOUR DAYS IT HAS NOT BEEN THERE.

SECONDLY, UM, DEALING WITH THE SIDING ON THE, UH, ON THE PROJECT, THEY DO INDICATE THEY'RE GONNA USE VINYL SIDING AND THAT WOULD BE IN COMPLIANCE WITH OTHER SURROUNDING NEIGHBORHOODS.

KINGSTON COMMUNITY SERVICE ASSOCIATION, WHICH IS OUR NEIGHBORHOOD TO THE NORTH, DOES NOT ALLOW A VINYL SIDING.

SO THAT WOULD NOT BE IN CONJUNCTION WITH, WITH MEETING OUR NEEDS FOR OUR PARTICULAR NEIGHBORHOOD.

NOW, IF THEY'RE GOING TO USE VINYL SIDING, I KNOW THERE ARE SOME PRODUCTS THAT ARE MUCH HIGHER QUALITY THAN WHAT YOU'D NORMALLY SEE IN SOME RESIDENTIAL AREAS.

SO THAT WOULD BE A DISCUSSION ITEM.

JUST MAKE SURE THAT IT IS UP TO, UH, YOU KNOW, SATISFACTORY CODE.

UH, THIRD ISSUE IS THE BUILDING HEIGHT.

UH, AS WE'VE ALREADY DISCUSSED, AND YOU'VE HEARD SO THAT THE NORTH BUILDING, AND THIS WAS FROM THE 2018 HEARING THAT WE WANT REQUESTED IT BE NO LONG, NO HIGHER THAN 35 FEET.

AND THAT HAS BEEN ESTABLISHED AND, AND ADHERED TO MY QUESTION IS HOW CAN YOU BUILD A THREE STORY BUILDING AT, AT 35 FEET? AND, UH, I'VE TALKED TO CITY, UM, PLANNING COMMISSION AND THEY INDICATED THAT UH, MOST OF THE TIME THEY'RE, THE FLOOR ISSUES ARE GONNA BE, FLOOR HEIGHTS ARE GONNA BE 10 TO 10 TO 11 FEET AND IT LOOKS LIKE 11 FEET OF THIS THING.

WELL, THAT PUTS YOU AT 33 FEET.

IF YOU HAVE THREE STORIES, UH, WHAT KIND OF ROOF ARE WE GONNA PUT ON A FLAT ROOF? BUT IF YOU DO THAT, THEN ALL OF A SUDDEN YOU BECAME, YOU'RE NOT COMPLIANT WITH OTHER PARTS OF IT.

SO I'M REALLY CONCERNED THAT THIS THREE STORY BUILDING THERE, UH, WOULD BE LOOKED AT VERY, VERY DILIGENTLY.

THE OTHER TWO BUILDINGS WE'RE OKAY WITH WE, THE OTHER HEIGHTS ON THEM WE'RE FINE WITH, BUT IT'S THAT ONE UP ON THE NORTH SIDE.

AND THE REASON BEHIND THAT, THAT CAME UP IN THE, UH, OTHER DISCUSSIONS WAS WE WERE TRYING TO MINIMIZE THE, UH, ABILITY FOR RESIDENTS IN THE APARTMENT HOUSE TO BE LOOKING DOWN IN THE BACKYARDS OF THE NEIGHBORHOOD.

AND, UH, IT ALSO TRYING TO MIMIC A TWO STORY NEIGHBOR HOUSE.

AND AT THAT TIME WHEN IT WAS APPROVED AND UH, AGREED TO, EVERYBODY WAS AGREED, BUT YEAH, WE COULD DO THAT.

IT WAS NOT A BIG DEAL, NOT A PROBLEM.

UH, BUT AGAIN, IT WAS AGREED TO THEN.

AND I, I REQUEST THAT WE HOLD THAT 35 FOOT CEILING HEIGHT OR NOT CEILING HEIGHT, TOTAL BUILDING HEIGHT FOR THAT NORTH BUILDING.

ANOTHER ISSUE THAT CAME UP RECENTLY IS THE, UH, BACK IN ABOUT, UH, SOME FIVE TO SEVEN YEARS AGO, WE HAD A FLOODING ALONG THE NORTH SIDE OF THE BUILDING, UH, EXCUSE ME, NORTH SIDE OF THE PROPERTY RUNNING WEST TO EAST.

THE CITY CAME IN, FOUND THE PROBLEM, THEY PUT IN SOME BERMS AND IT HAS KEPT WATER FROM GOING INTO THE BACKYARDS OF THE NEIGHBORS ON THAT SOUTH SIDE OF, OF IGNITES BRIDGE.

UH, ONE OF THE QUESTIONS I WOULD LIKE TO HAVE ADDRESSED IS BE SURE THAT THAT WATER REDIRECTION IS STILL IN THE FINAL PLANS SO THAT WE DON'T HAVE A CONTINUE A FUTURE PROBLEM, UH, OF, UH, WATER COMING THROUGH.

UH, WHAT WHAT THEY DID BEFORE SEEMED TO TAKE CARE OF THE PROBLEM.

ONE FURTHER QUESTION I HAVE AND I'LL, AND I'LL UH, BE FINISHED IS, UH, ALONG THE NORTH SIDE THEY ARE GOING TO BE GOING TO, THEY COMMITTED TO CONSTRUCTING AN EIGHT FOOT BRICK MASONRY WALL.

THAT'S SATISFACTORY.

WE WE'RE FINE WITH THAT.

UH, QUESTION IS THOUGH, UM, WHAT ABOUT THE EXISTING

[00:25:01]

FENCES THAT MAY BE BACK THERE WITH THE OWNERS? ARE THEY GONNA RETAIN THOSE? ARE THEY GONNA REPLACE THEM? AND I THINK THAT DISCUSSION WOULD BE HELD ON, ON INDIVIDUAL BASIS WITH EACH ONE OF THOSE HOMEOWNERS TO BE SURE THAT YES, WE DO WANT THE WALL, BUT THEY MAY ALSO WANT TO KEEP THEIR INDIVIDUAL FENCING FOR DOGS OR CATS OR WHATEVER ELSE MAY COME UP WITH THAT.

SO, AND VERY ALONG THAT SAME LINE IS HOW MANY OF THE TREES WILL BE REMOVED ALONG THAT NORTH SIDE? THEY, THE LANDSCAPE PLAN THAT THEY PRESENTED DOES INDICATE THEY'RE GONNA BE PUTTING IN NEW, NEW TREES, WHICH IS GREAT, BUT THERE ARE SOME OLD GROWTH TREES ALONG THAT WHOLE AREA, UH, NORTHEAST TO WEST.

I MEAN THAT, UH, WE'D LIKE TO KEEP AS MANY OF THOSE AS POSSIBLE.

THAT'S MY COMMENTS.

THANK YOU SIR.

I HAVE A QUICK QUESTION FOR YOU OVER HERE.

UM, YOU SAID YOU WERE REFERRING TO YOUR NEIGHBORHOOD, UM, YOU HAVE OTHER HOUSES IN YOUR NEIGHBORHOOD THAT ARE TWO STORIES? YES, WE, YES WE DO.

OKAY.

DO YOU HAVE ANY IN YOUR NEIGHBORHOOD THAT ARE THREE STORIES? NOT TO MY KNOWLEDGE.

OKAY.

THANK YOU.

THAT'S ALL I GOT.

MM-HMM .

YES.

THANK YOU.

HELLO, MY NAME'S NICOLE PETERSON.

I LIVE AT 1204 KNIGHT BRIDGE ROAD.

UM, I BACK UP TO THE NORTH SIDE OF THE PROPERTY.

UM, I SECOND WHAT GARY HAS SHARED, BUT I HAD A COUPLE OF OTHER CONCERNS.

UM, I WAS AT THOSE ORIGINAL MEETINGS AND I BELIEVE THE ORIGINAL SITE PLAN WAS FIVE OR SIX BUILDINGS, TWO STORIES, NOT THREE.

UM, SO THAT IS A CONCERN.

I HAD THE SAME CONCERNS WITH A 35 FOOT HEIGHT AGREEMENT.

HOW ARE WE BUILDING A ROOF ON THAT IF WE'RE HAVING, YOU KNOW, DECENT CEILING HEIGHTS IN THOSE BUILDINGS? UM, SO THAT WAS A CONCERN FOR ME LOOKING AT THE, THE SITE PLAN.

UM, DRAINAGE AS GARY MENTIONED, HAS BEEN A BIG ISSUE ALONG THIS BORDER WITH THIS PROPERTY AND WITH THE CHURCH NEXT DOOR TO IT.

UM, THE CHURCH NEXT DOOR HAD CONSTRUCTION AND WE ENDED UP FLOODING BACKYARDS AND HAVING TO PUT IN DRAINAGE FOR THE HOMES ALONG THAT NORTH SIDE.

UM, THE LAST TIME THEY DID THE SEWER ON THIS PROPERTY IN QUESTION, UM, THE HOMES ALONG THAT NORTH SIDE WERE FLOODED.

UH, ONE HAD TO HAVE FLOORS REPLACED.

MY BACKYARD HAD A FOOT AND A HALF TO TWO FEET OF DIRT IN IT.

UM, THEY HAD TO COMPLETELY RESAW OUR BACKYARD.

UM, AND THAT WAS JUST FROM PUTTING IN THE SEWER LINES ALONG THAT PROPERTY.

SO WE HAVE SERIOUS CONCERNS.

WE ARE ON A DOWN SLOPE FROM THAT PROPERTY.

UM, WHICH MAKES THE THREE STORY HEIGHT ANOTHER CONCERN BECAUSE THEY ARE MUCH HIGHER THAN WE ARE WITH OUR HOUSES.

UM, SO I'M CURIOUS WITH THE CURRENT SETUP, THE CITY, UM, AND THE INSURANCE COMPANY WHEN THEY CAME IN AND HANDLED IT, THEY PUT IN A BERM ALONG THE BASEBALL FIELD.

THAT'S THEIR EXISTING AND THAT'S WHAT'S KEEPING THE WATER FLOW AWAY FROM OUR PROPERTIES.

BUT AS THEY BUILD THIS SITE PLAN, I'M NOT SURE, IT'S NOT CLEAR TO ME IF THERE'S A RETAINING WALL THAT'S GONNA BE PUT IN SINCE THEY ARE ON, ARE ON HIGHER GROUND, UM, OR IF THERE'S SOME KIND OF, YOU KNOW, MECHANISM TO GET THE WATER AWAY FROM OUR HOUSES.

BUT THAT WAS A CONCERN AS WELL.

UM, THE NUMBER OF BUILDINGS, UM, AND THE HEIGHT OF THE BUILDINGS AND THEN THE FENCE OR THE STONEWALL, UM, THAT THEY PLAN ON PUTTING IN.

I WE APPRECIATE THAT THAT WAS PART OF THE ORIGINAL, UM, APPROVAL AND WE'RE JUST CURIOUS WHERE THAT'S GOING TO SIT ON THE SITE PLAN.

WE'RE NOT SURE FROM THE SITE PLAN IF THAT'S RIGHT ALONG THE FENCE LINE.

THERE ARE TREES THERE, UM, THAT ARE ALREADY ESTABLISHED THAT WOULD HELP KIND OF BLOCK SOME OF, UM, YOU KNOW, THE, UH, VISIBILITY FROM THE APARTMENTS.

UM, SO I DON'T KNOW IF THEY'RE PLANNING ON COMING IN AND TAKING OUT THOSE TREES AND PUTTING IT RIGHT ON THE FENCE LINE OR IF THEY'RE PUTTING IT CLOSER UP, UM, TOWARDS THE BUILDINGS.

AND THEN, UM, MY LAST QUESTION WAS ON THE SITE PLAN, IT MENTIONS AN AMENITY AREA ON THE NORTHEAST CORNER OF THE PROPERTY.

IT'S PRETTY SMALL.

IT DOESN'T SAY WHAT THOSE AMENITIES ARE, SO I DON'T KNOW IF IT'S JUST LIKE A GRILL OR IF IT'S A LITTLE DOG PARK AREA OR, OR WHAT THAT MIGHT BE.

UM, BUT I WAS CURIOUS WHAT, WHAT THE DEVELOPERS WERE PLANNING ON DOING WITH THAT PARTICULAR AREA.

PERFECT.

THANK YOU.

THANK YOU.

TAYLOR WILSON, 7 4 8 DUNE CIRCLE.

UM, MINE'S MORE JUST CURIOSITY ON THE PROCESS FROM A STAFF MEMO IS WHAT'S THE DIFFERENCE BETWEEN WHAT WAS AGREED TO AND 18 AND THE CURRENT CODE AND ARE THE VARIANCES REQUIRED TO GET THAT ACCOMPLISHED THROUGH THIS PROCESS? 'CAUSE I COULDN'T TELL BY READING THE MEMO WHAT'S CHANGED SINCE 18 AND THEN WHAT'S REQUIRED VERSUS WHAT THAT LETTER SIDE LETTER AGREED TO.

AND HOW WOULD PEOPLE BUYING PROPERTIES IN THE FUTURE KNOW HOW MANY OF THESE SIDE LETTERS

[00:30:01]

EXIST WITHIN THE CITY? THANKS.

THANK YOU.

ANYBODY ELSE WISH TO SPEAK FOR OR AGAINST THIS PROPOSAL? ALRIGHT, SEEING NONE, PUBLIC COMMENTS ARE CLOSED.

ALRIGHT, YOU GUYS STEP UP AND SEE IF WE CAN ANSWER SOME OF THOSE QUESTIONS FOR OUR FOLKS.

YOU HAVE A GOOD LIST GOING? UH, YEP, I GOT DECENT LIST.

OKAY, PERFECT.

THANK YOU SIR.

UM, THE ROOF HEIGHT.

UH, I THINK THAT WAS THE FIRST QUESTION.

UM, SO, SO WE WILL MEET, UH, THE ROOT HEIGHT REQUIREMENT AT 35 FEET.

THESE, UH, APARTMENT COMPLEX IS CONSTRUCTED WITH EIGHT FOOT WALLS, UH, 16 INCH TGI FLOOR JOISTS, THREEQUARTER INCH TONGUE AND GROOVE DECKING, AND THAT REPEATS THREE TIMES.

UH, AND THEN THERE IS A FOUR 12 ASPHALT PITCH ROOF, UM, ON THIS PROJECT THAT ALL ARE UNDER THE 35 FOOT REQUIREMENT.

OKAY.

SO IT WAS DIFFICULT BUT THEY PULLED IT OFF WITH BY, YOU KNOW, APARTMENTS DON'T TYPICALLY HAVE REALLY HIGH WALLS SO RIGHT.

UH, 10 FOOT WALLS TEND TO BE MORE OFFICE BUILDINGS AND THINGS LIKE THAT.

BUT SO THAT'S THAT ONE.

UH, WOULD YOU LIKE US TO KEEP GOING OR DO YOU WANT YEAH, JUST KEEP GOING AND THEN, I MEAN, IF WE GOT QUESTIONS, I MEAN ACTUALLY I'VE GOT A COMMENT ON THAT.

I MEAN, TO ME, I LOOK AT THIS AND GO, WAS THE ORIGINAL INTENT TWO STORIES WITH THAT AND THAT WAS WHAT MATCHES THE NEIGHBORHOOD ON THAT BACK BUILDING? I MEAN THAT, THAT'S A, THAT'S A REAL CONCERN.

I HAVE TO MATCH THE AREA BECAUSE WE HAVE THIS CONVERSATION A LOT IN THIS, IN THIS, IN THESE MEETINGS ABOUT, UH, YOU KNOW, THE, WE HAVE SOMEWHAT OF A, OBVIOUSLY A SENSITIVE BORDER.

UM, SO AT THIS, I MEAN, I THINK YOU GUYS TAKE THAT INTO CONSIDERATION TO SEE IF WE NEED TO MODIFY THAT.

I'M, I'M GONNA MAKE THE COMMENT ONLY, THAT'S ALL I'M SAYING AT THE MOMENT, SO FEEL FREE TO AND KEEP GOING ON THAT.

I'M GONNA SECOND THAT.

UM, IF YOU OR I OWNED ONE OF THOSE HOUSES AND THEN SOMEBODY COMES IN AND SAYS, HEY, I'M GONNA BUILD A THREE STORY BEHIND YOU, I, I, I ASSUME YOU GUYS WOULD FEEL THE SAME WAY.

LIKE, I, I DON'T WANT ANYBODY LOOKING IN MY BACKYARD WHEN MY KIDS ARE PLAYING BACK THERE AND I I WOULD ASSUME YOU GUYS WOULD FEEL THE SAME WAY.

YEAH, I DON'T DISAGREE.

I THINK THAT EVEN AT TWO STORIES, IF IT WAS TWO STORIES IN LARGER APARTMENTS OR WHATEVER, YOU PROBABLY HAVE THE SAME PROBLEM THOUGH.

I DON'T, I DON'T THINK THAT THE THIRD STORY ADDS MUCH MORE TO THAT.

UH, PROBABLY ONE THIRD, HUH? ONE THIRD.

YEAH.

, I, I, I HAVE A PROBLEM.

I THINK IT GOES AGAINST THE ORIGINAL INTENT.

IT'S JUST MY OWN COMMENT.

YEAH.

AND I, I THINK THE, HE BOUGHT THE PROPERTY AFTER THE, I I KNOW, I, I I KNOW , SO HE REIMAGINED THE CONCEPT.

RIGHT.

UH, AND THIS IS A DIFFICULT SITE TO DEVELOP IT.

IT IS.

I FULLY AGREE WITH THAT'S WHY IT'S ONE, IT'S NOT BEEN DEVELOPED, WHICH IS SITTING THERE.

RIGHT.

JUST BECAUSE IT'S SO HARD TO DEVELOP AND IT IS UP ON A HILL.

RIGHT.

I WILL SAY THIS TOO, UM, IT IS ON A HILL, BUT IT'S, THERE'S ALMOST LIKE 40 FEET OF FALL ACROSS THE SITE FROM, UH, WEST TO EAST.

WE ARE CUTTING IT DOWN SIGNIFICANTLY.

SO IT'LL BE AT THE, BASICALLY THE MEDIAN OF THE ELEVATION BETWEEN, SO WE'RE NOT GONNA BE UP ON THE HILL ON THE HIGH SIDE, WE'RE CUTTING THAT HILL OUT.

WE'RE ACTUALLY GONNA HAVE A RETAINING WALL ALONG THE WALK WEST SIDE ALONG THE CHURCH.

SO THE WHOLE BUILDING WILL ACTUALLY SIT LOWER, UH, BY SEVERAL FEET, POTENTIALLY LIKE 10 TO 15 FEET.

THEN THAT HILL ON THE HIGH SIDE, ON THE, ON THE WEST SIDE.

SO I THINK THAT WILL HELP THAT.

UM, WE CAN MOVE ON TO THE NEXT ONE.

YEAH, KEEP GOING.

YEP, PLEASE DO.

UH, THE WALL ON THE NORTH SIDE, THAT IS A PROPOSED WALL THAT WILL SIT ROUGHLY 20, 30 FEET.

I I DON'T HAVE THE EXACT NUMBER ON ME OFF OF THE FENCE FOR THE, THE NEIGHBORHOOD TO THE NORTH THERE, MEANING THE FENCE WILL REMAIN IN PLACE, THE TREES WILL REMAIN IN PLACE AND WE'RE BUILDING THE WALL OFF OF THAT FENCE.

SO THERE'S ACTUALLY A SEWER EASEMENT THAT SITS THERE TOO.

SO WE CAN'T BUILD THE WALL IN THE SEWER EASEMENT.

SO WE'RE THE, THE WHOLE DEVELOPMENT'S PUSHED OFF OF THAT FENCE BY 30 TO 40 FEET AND THE WALL IS JUST NORTH OF OUR CURB LINE.

SO THERE IS A, A BUFFER AREA IN THERE.

THOSE FENCES WILL REMAIN.

IT'S NOT TO BE TOUCHED.

AND THE WALL IS A SITE PROOF.

UH, I BELIEVE IT'S A BRICK MASONRY.

YEAH.

SO THAT'S, THAT'S HOW THAT'S SET UP.

AND WITH THAT SAID, ALONG THOSE SAME LINES REGARDING THE, YOU KNOW, THE, THE FLOW, WHICH WE HEAR FLOOD A LOT JUST SO YOU KNOW, WHEN WE ARE WATER ISSUES A LOT, WHICH WE ALL UNDERSTAND, BUT APPEARS, IT APPEARS THERE'S BEEN SOME CORRECTIVE ACTIONS THERE.

HOW ARE YOU GUYS, HOW WOULD THAT BE AFFECTED WITH WHAT THE WALL BEING 20 FOOT OFF, DOES THAT AFFECT THAT AREA OR NO.

TALK TO US ABOUT, SO, UH, THAT BERM IS WITHIN THAT AREA THAT WE'RE NOT GONNA TOUCH.

OKAY.

AND, UH, IN FACT, EVERYTHING WE'RE TOUCHING, LIKE I MENTIONED, WE'RE CUTTING DOWN AND WE'RE ACTUALLY FROM THE CURB LINE THAT WE'RE PUTTING IN, WE'RE DRAINING SOUTH AND TO THE EAST.

OKAY.

AND WE'VE GOT A DETENTION POND THAT EVERYTHING HAS TO DRAIN TO ANYWAY.

SO ANY WATER THAT IS, UH, HITS ANYTHING PAVEMENT OR ANYTHING ON THIS SITE WILL ACTUALLY HEAD SOUTH AND EAST TO A DETENTION POND.

OKAY.

UM, SO WE WON'T MAKE THINGS WORSE.

IN FACT, WE WILL MAKE THEM BETTER BECAUSE WE'RE ACTUALLY REDUCING THE AMOUNT OF AREA THAT'S DRAINING THAT WAY.

UH, AND THAT'S REQUIRES, YOU KNOW, STAFF REQUIRES THAT OF US.

SO, UM, THIS SHOULD HELP THE SITUATION.

AND WE'VE GOT A BUFFER IN THERE THAT SHOULD, UH, MAKE SURE THAT WE'RE NOT GONNA TOUCH

[00:35:01]

ANYTHING THAT'S IN PLACE THAT'S DIVERTING WATER AND, AND THE TREES ARE GONNA REMAIN THAT ARE THERE AND WE'RE PLANTING MORE TREES.

UH, SO WE'RE ONLY REALLY TAKING OUT WHAT WE NEED ON THAT NORTH SIDE TO, TO PUT IN THE CURB LINE AND THAT, THAT DRIVE AISLE.

OKAY.

UH, LET'S SEE.

SO THAT COVERS THE DRAINAGE.

THAT WAS THE NEXT QUESTION.

UM, AND I MENTIONED THE NORTHEAST CORNER OF THE SITE WILL BE LOWERED SO THE BUILDINGS AREN'T GONNA BE SITTING UP ON THE HILL.

UM, THE DRAINAGE FROM THE CHURCH, WE'RE ALSO PICKING THAT UP.

THAT'S ON THE WEST SIDE.

UH, WE'RE PICKING THAT UP AND DRAINING THAT TO THE ATTENTION POND AS WELL.

SO, UH, THERE WILL BE, I, I GUESS HISTORICALLY THERE'S WATER JUST DRAINING FROM THE CHURCH HEADING FROM WEST TO EAST THAT'S PICKED UP ONTO THE PAVEMENT IN THIS PROJECT AND IT'S ALL DRAINING TO THE SOUTHEAST OF THAT TENSION POND SHOWN THERE.

UM, THE AMENITY AREA, UH, THAT IS JUST LIKE PICNIC TABLES AND, AND KIND OF A GATHERED GREEN SEATING AREA.

NOTHING, NOTHING MAJOR.

THE OTHER ONES WAS THE, UH, BECAUSE YOU, I HAD ASKED YOU ABOUT THE SIDING EARLIER.

YOU MENTIONED CEMENT SIDING, BUT YOUR, BUT YOUR, UH, HAND SAYS VINYL SIDING.

THE, THE TWO PREMIUM PRODUCTS THAT THAT WOULD BE CONSIDERED ON THIS PROJECT WOULD BE A, A CEMENT FIBER SIDING.

RIGHT.

OR IT WOULD BE A RESIN SMART SIDING.

UH, THOSE ARE THE TWO BEST IN THE INDUSTRY.

YEP.

UH, I WOULD NOT PUT VINYL SIDING ON.

RIGHT.

UH, SO I MEAN THAT, THAT'D BE THE COMMENT I'D HAVE RIGHT THERE.

WE TAKE OUT VINYL SIDING FROM YOUR PROPOSAL THERE ON NUMBER EIGHT, GENERAL ARCHITECTURE APPEARANCE, VINYL SIDING WILL NOT BE USED.

OKAY.

SO THAT CAN BE STRICT STRUCK FROM IT.

OKAY.

UH, AREA, DID YOU ALREADY MENTION THAT? I'M SORRY.

YEAH.

OKAY.

SO JUST PICNIC TABLES, A LITTLE BIT GATHERING AREA.

NOTHING, NOTHING MAJOR.

OKAY.

ANY OTHER QUESTIONS FOR THE COMMISSIONERS AT THE TIME OF THE APPLICANT? YEAH, ONE QUICK QUESTION.

UM, I'M HAVING A LITTLE BIT OF DIFFICULTY, UH, CALCULATING THE, UM, YOU SAID THAT YOU'RE GOING TO, UM, REMOVE SOME OF THE, UH, SOME OF THE DIRT ON THE NORTH SIDE.

SO WHAT, HOW MUCH LOWER ARE YOU GONNA MAKE? THAT IS THE BUILDING NUMBER TWO, THE, UH, THE FIRST FLOOR.

HOW WILL THAT LEVEL COMPARE TO THE HOUSE BEHIND IT AS FAR AS THE ELEVATION? LET'S SEE, WAS IT GONNA DROP 10 FEET? UH, WELL I THINK WHAT IS GOING ON NOW IS THAT THE, THE HILL IS ON THE WEST SIDE, SO THAT HOUSE THAT'S JUST NORTH OF THAT BUILDING TOO IS QUITE A BIT LOWER THAN THE HILL ON THE WEST SIDE.

MY THOUGHT IS THIS IS PROBABLY GONNA BE PRETTY EVEN WITH THE, THE MIDDLE, THE HOUSE THAT'S IN THE MIDDLE OF THE BUILDING.

TWO.

OKAY.

THE MIDDLE OF THE BUILDING TWO, IF YOU CAN GO DIRECTLY NORTH OF THE MIDDLE OF BUILDING TWO IN THAT HOUSE, IT'LL BE ROUGHLY EVEN AS YOU GO WEST, UH, IT'LL, THE BUILDING WILL ACTUALLY BE LOWER.

THE FINISHED FLOOR OF THE BUILDING WILL BE LOWER THAN THOSE, THOSE HOUSES.

THAT'S MY UNDERSTANDING.

WE DIDN'T DO A FULL SURVEY OF EVERYTHING TO THE NORTH.

UH, WE KIND OF WENT TO THE FENCE AND STOPPED.

BUT THAT'S THE WAY IT LOOKS LIKE ON THE FENCE LINE.

UM, YEAH, THAT'S ROUGHLY CORRECT.

SO AS YOU HEAD, I WOULD SAY THIS BUILDING, INSTEAD OF THIS BUILDING BEING UP ON THE HILL, IT'S GONNA BE CUT DOWN TO WHERE IT IS FINISHED.

FLOORS ARE PRETTY EVEN WITH THE HOUSES TO THE NORTH.

OH, OKAY.

UH, THERE IS SOME GRADE, THE NORTHWEST CORNER MAY BE A FOOT OR TWO LOWER THAN THE HOUSES NORTH OF IT, BUT THAT'S ABOUT IT, A FOOT OR TWO.

SO IT'S CUT DOWN FROM THE HILL, BUT EVERYTHING'S KIND OF HIGH.

GOTCHA.

OKAY.

UH, I DON'T NECESSARILY HAVE A QUESTION OF THE APPLICANT AT THIS POINT IN TIME, BUT I DO HAVE A QUICK COMMENT.

I WAS ON THE PLANNING COMMISSION WHEREVER THIS PROJECT CAME UP BEFORE AND IT WAS NOT SOMETHING THAT WAS BASICALLY WELCOMED BY THE NEIGHBORHOOD.

RIGHT.

IT WAS CONTESTED AT THAT POINT IN TIME AND THERE WERE CONCERNS, UM, THE APPLICANT AT THAT POINT IN TIME ATTEMPTED TO ACCOMMODATE.

AND IN REGARD TO THE HEIGHT, WHETHER IT'S A 35 FOOT TWO STORY BUILDING OR A 35 FOOT THREE STORY BUILDING, IT'S A 35 FOOT BUILDING STILL GOING TO HAVE WINDOWS.

IT'S THE SAME TYPE OF CONCERNS THAT WE HEARD AT THAT POINT IN TIME.

AND, AND I PERSONALLY BELIEVE THAT THIS PARTICULAR PROJECT IS IN SUBSTANTIAL COMPLIANCE WITH WHAT THE AGREEMENT WAS WITH THE CITY AND WHAT WE HAD LOOKED AT BEFORE.

UM, ANYWAY, SO THAT'S ALL I HAVE TO SAY.

THANK YOU MARK.

AND THEN CITY STAFF, WHAT, YOU KNOW, THE COMMENT OR THE QUESTION WAS ASKED, WHICH IS A GOOD QUESTION, IS, YOU KNOW, IN REGARDS TO VARIANCES AT THE TIME VERSUS VARIANCES TO NOW, LIKE WHAT HAS CHANGED OR WHAT DO WE, WHAT DO WE KNOW, WHAT CAN YOU HELP US WITH THAT, WITH HOW THIS PROJECT LOOKS TODAY? SO I'M UNFAMILIAR WITH THE PREVIOUS PROJECT AND WHAT THE VARIANCES WERE FOR THAT PROJECT.

UM, WHAT I CAN TELL YOU IS THE, UH, AGREEMENT THAT THE PREVIOUS APPLICANT HAD IS, UM,

[00:40:01]

THE COMMITMENTS.

IT'S THE LETTER THAT'S INCLUDED IN THE PACKET AND, UM, THAT'S WHAT WE HAVE TO GO ON RIGHT NOW.

I CAN DO SOME RESEARCH AFTER THIS IF YOU'D LIKE TO NOTE FURTHER.

OKAY.

THANK YOU.

ANY ADDITIONAL QUESTIONS OF THE COMMISSIONERS OF CITY STAFF OR THE APPLICANT? I, I'M SORRY, ONE MORE QUESTION.

I, I GUESS AS I LOOK AT THIS AND UH, AND YOU KNOW, WHEN I SEE 35, 36 FEET, I AUTOMATICALLY THINK, UH, TWO STORY WITH A, UH, HIGH-PITCHED ROOF.

AND SO I REALLY DIDN'T THINK ABOUT IT, UH, THAT MUCH.

WOULD, WOULD YOU BE WILLING TO, UH, TO CUT IT DOWN TO TWO STORIES THAT JUST THE NORTH SIDE, THAT THAT WOULD SIGNIFICANTLY ADJUST, UM, NUMBERS IN THE PERFORMA AND IT WOULDN'T PENCIL? OKAY.

IT WOULD NOT.

I GOTCHA.

ANY OTHER QUESTIONS OF THE COMMISSIONERS? OKAY, AT THIS POINT I THINK WE ARE LOOKING FOR A MOTION AND A SECOND MOTION TO APPROVE.

WE HAVE A MOTION.

I'LL SECOND.

WE HAVE A SECOND BY A VOTE OF TWO TO TWO.

THIS DOES NOT PASS THE CITY COUNCIL.

I MEAN, I'M SORRY, THE PLANNING COMMISSION AND SO THAT WE'LL MOVE ON DOWN THE AGENDA TO THE CASE OR AGENDA.

ITEM FOUR D, CASE NUMBER ES 25 DASH 0 0 0 5.

PUBLIC CARRYING AND CONSIDERATION OF A UTILITY.

OOPS, I APOLOGIZE.

I GOT OFF TRACK.

FOUR

[C. Case No. SP24-00005; Public Hearing and Consideration of a Site Plan application for Graves Golf Academy – Entry Drive & Parking Lot, located on the south side of Coffee Creek Road, east of Kelly Avenue. (Graves Golf; Ward 1)]

C.

CASE NUMBER SP 24 DASH 0 0 0 5.

PUBLIC CARRYING AND CONSIDERATION OF A SITE PLAN APPLICATION FOR GROVES GOLF ACADEMY DRIVE AND PARKING LOT LOCATED ON THE SOUTH SIDE OF THE COFFEE CREEK ROAD EAST OF KELLY AVENUE.

WOULD BECCA PLEASE PRESENT? THANK YOU.

THE APPLICANT'S REQUESTING APPROVAL OF A SITE PLAN FOR AN ENTRY DRIVE AND PARKING LOT FOR THE GRAVES GOLF ACADEMY LOCATED ON THE SOUTH SIDE OF COFFEE CREEK ROAD, EAST OF KELLY AVENUE.

THE 2.05 ACRE AREA IS A PART OF THE GRAVES GOLF SCHOOL AND TRAINING FACILITY PLANNED UNIT DEVELOPMENT, WHICH WAS APPROVED IN 2021.

THIS APPLICATION IS ONLY FOR THE DRIVE AND PARKING LOT, NOT FOR THE EXISTING BUILDING OR ANY OTHER VERTICAL STRUCTURE.

THERE IS A SENSITIVE BORDER ALONG THE ENTRY DRIVE WITH THE EXISTING COFFEE CREEK NEIGHBORHOOD AND ALL STANDARDS HAVE BEEN MET.

STAFF RECOMMENDS APPROVAL.

THANK YOU VERY MUCH.

DOES THE APPLICANT WISH TO ADD TO THE CITY'S STAFF PRESENTATION? UM, BRIAN DURBIN DURBIN DESIGN? I'M THE OWNER'S REPRESENTATIVE AND WHAT SHE STATED IS CORRECT.

THANK YOU VERY MUCH.

ANY QUESTIONS OF THE COMMISSIONERS OF CITY STAFF? WERE OF THE APPLICANT AT THIS TIME.

SEEING NONE.

MOVING ON TO PUBLIC COMMENTS.

ANYBODY WISH ANYBODY ANY PUBLIC COMMENTS FOR OR AGAINST THIS PROJECT? SEEING NONE, PUBLIC COMMENTS ARE CLOSED.

LOOKING FOR A MOTION ANY SECOND ON AGENDA ITEM FOUR C.

MOTION TO APPROVE.

WE HAVE A MOTION.

SECOND.

WE HAVE A SECOND BY A VOTE.

FOUR TO ZERO.

THIS IS APPROVED BY THE PLAN COMMISSION AND IT ENDS HERE TONIGHT.

THANK YOU.

MOVING

[D. Case No. ES25-00005; Public Hearing and Consideration of a Utility Easement Closing located at 5908 Calcutta Lane. (Christopher Rodriguez; Ward 4)]

ON TO AGENDA ITEM FOUR D, CASE NUMBER ES 25 DASH FIVE PUBLIC HEARING AND CONSIDERATION OF A UTILITY EASEMENT CLOSING LOCATED AT 59 LAKE CALCUTTA LANE.

WOULD MRS. SMITH PLEASE PRESENT? THANK YOU.

THE APPLICANT IS REQUESTING APPROVAL OF AN EASEMENT CLOSING LOCATED IN THE REAR YARD OF THE PROPERTY LOCATED AT 5 9 0 8 CALCUTTA LANE.

THE APPLICANT WOULD LIKE TO CLOSE THE 10 FOOT EASEMENT, THE 10 FOOT UNUSED UTILITY EASEMENT IN ORDER TO CONSTRUCT A POOL.

NO OBJECTIONS WERE RECEIVED FROM FRANCHISE UTILITIES.

THANK YOU.

WOULD THE APPLICANT WISH TO ADD ONTO THE CITY'S STAFF PRESENTATION? I'M MAXWELL PESTER WITH SWIM TECH POOLS AND SPAS AND UM, THAT WAS CORRECT WHAT SHE SAID.

OKAY, THANK YOU.

ANY QUESTIONS OF THE APPLICANT OR OF CITY STAFF FOR THIS? UH, OF THE COMMISSIONERS? SEEING NONE.

ANY IT'S TIME FOR PUBLIC COMMENTS.

ANYBODY WISH TO SPEAK FOR OR AGAINST THIS? PLEASE COME UP.

HI, MY NAME IS TAMMY WARE AND I'M HERE WITH MY MOM WHO HURT THE BACK OF HER HOUSE IS ACROSS THE GOLF COURSE FROM THIS HOUSE.

OKAY.

UM, WE'RE BASICALLY HERE TO UNDERSTAND THIS EASEMENT 'CAUSE IT'S ACROSS THE GOLF COURSE FROM HER HOUSE.

WILL THIS AFFECT HER HOUSE IN ANY WAY WITH UTILITIES IN THE FUTURE OR IS IS THIS A NEW EASEMENT THAT HAS,

[00:45:01]

IS JUST NOW HAVE BEEN CONSTRUCTED? WE JUST DON'T UNDERSTAND.

OKAY.

IS ALL THE QUESTIONS YOU HAVE AT THIS TIME? YES.

PERFECT.

OKAY.

THANK YOU.

ANY OTHER QUESTION? ANY OTHER PUBLIC COMMENTS FOR OR AGAINST THIS ITEM? SEEING NONE, PUBLIC COMMENTS ARE CLOSED.

ALRIGHT SIR.

YOU WANNA TAKE A TACKLE AT THAT QUESTION? UH, YES.

TO MY KNOWLEDGE SHE WOULD NOT BE AFFECTED IN ANY WAY DUE TO CLOSING THIS EASEMENT.

IN FACT, THE UH, NEIGHBORS TO, I BELIEVE THE SOUTH THERE HAVE ALREADY REQUESTED THAT THEIR SIDE OF THE EASEMENT BE CLOSED AND THEY'VE ALREADY BUILT A POOL WITH THE PUTTING GREEN THAT GOES DIRECTLY UP TO THEIR FENCE.

SO, UM, OKAY.

I DON'T THINK THAT SHOULD HAVE ANY EFFECT.

THANK YOU.

DOES DOES THE UM, BE, BE SURE YOU ASK QUESTIONS UP HERE.

I'M SORRY.

OR YOU CAN GUYS CAN TALK AFTERWARDS.

EITHER ONE.

UM, BUT WHAT WAS THE QUESTION? SHE, SHE ASKED HOW SHE'S SURE THAT THAT'S TRUE AND YOU CAN KIND OF SEE ON THE PRESENTATION PICTURE THERE.

UM, THE PROPERTY ON THE BOTTOM HAS THAT PUTTING GREEN THAT EXTENDS ALL THE WAY TO THEIR FENCE.

THERE'S ALSO CONCRETE IN A SWIMMING POOL THAT THEY'VE CONSTRUCTED THERE.

AND SO FROM THEIR SIDE THAT EASEMENT HAS ALREADY BEEN CLOSED.

TO MY KNOWLEDGE, IT'S NOT SUPPOSED TO BE CLOSED.

THAT MAKES SENSE.

YEAH, THEY DIDN'T HAVE TO MAIL THOSE EASEMENTS OUT, UM, TO EVERYONE THAT'S WITHIN IN THAT AREA.

GOTCHA.

GOTCHA.

GOOD.

OKAY.

RIGHT.

ALRIGHT.

ANY QUESTIONS THAT THE COMMISSIONERS HAVE OF CITY STAFF OR THE APPLICANT AT THIS TIME? AND I'M ASSUMING THIS, YOU KNOW, I'M ASSUMING THIS EASEMENT, THEY'VE ALREADY LOCATED THE UTILITIES THEY NEED TO LOCATE THERE.

YEP.

PERFECT.

ALL RIGHT.

LOOKING FOR A MOTION IN A SECOND.

MOTION TO APPROVE? WE HAVE A MOTION SECOND.

AND WE HAVE A SECOND BY FOUR TO BY A VOTE OF FOUR TO ZERO.

THIS IS APPROVED BY THE PLANNING COMMISSION.

IT MOVES ON TO THE CITY COUNCIL MEETING ON JANUARY 12TH, 2026.

MOVING ON DOWN TO AGENDA ITEM, AGENDA ITEM NUMBER FIVE, THIS IS CITIZENS' COMMENTS.

THIS IS, UH, A TIME FOR ANY CITIZENS TO COMMENT ON PUBLIC COMMISSION RELATED ITEMS, NOT ON THE AGENDA.

ANY PUBLIC COMMENTS AT THIS TIME? SEEING NONE, PUBLIC COMMENTS ARE CLOSED.

MOVING ON.

ANY COMMENTS FROM THE PLANNING COMMISSION CHAIR OR PLANNING COMMISSIONERS? I HAVE NO COMMENTS.

ANYBODY HAVE ANY COMMENTS THEY WISH TO ADDRESS? ALL RIGHT.

COMMISSIONERS' COMMENTS ARE CLOSED.

LOOKING FOR A MOTION TO ADJOURN.

WE HAVE A MOTION IN A SECOND AND WE'RE ADJOURNED.

I LIKE IT.

I.