Advisory Plan Commission - Regular Meeting

Okay, let's call the order advisory plan commission for tonight, Monday, the 13th of April, 6:30 p.m. I'm sorry for the delay. We had some issues. We're ready to get started. Uh call to order. I see stand for the pledges of allegiance. I aliance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all. State your name.

Wayne Bergen. Okay.

Okay. We do have a quorum approval of the agenda from the last minute last month or I'm sorry the approval of agenda for today. Make a motion for I'll make a motion. I'll second. Okay. Motion on the floor by Marty and Lucia. All in favor say I. I. Any opposed say? Okay. And see, we got that. Okay. Tony, if you want to stand up. Oh, sorry. Number two.

Approval of previous minutes from last month. Uh, entertain a motion for that. I'll make that motion. I'll second it. Any updates or changes or anything? Okay. Motion on the floor to approve the prior minutes. All in favor say I. I. I. I. I. I. I. I. I. I. I. I. I think everybody's here for the for the one meeting. Anybody here got a public comment other than the hearing for the development? I do. Is it for the Is it for the development? Yeah. Okay. Well, that that won't cover that. That's a public. No.

Yeah. I'm Tony Jackson, the building commissioner. just uh give you some background so everybody knows what this meeting is about. Okay. The type of meeting this is this is a a seeking approval of a development plan which is a change to the plan unit development. It's already zoned to plan unit development out there at this out at the uh Shadow Lakes. Uh it was a industrial before it was plan unit development. So that's why there's some issues on you know what can be built out there. planning development allows different changes to it. Um 91. Oh, somebody had sent the mayor. She was a little concerned. Somebody had sent something about lack of transparency. Actually, I only had to send out 40 certified letters, but I sent them to everybody out there because the mayor likes transparency. That's why we sent everything out there to everybody so everybody would get that letter. I think uh the mayor some people had voiced concerns to the mayor on some issues that they had out there and the mayor met with with them and voice some of those concerns and they they made some of those changes that were requested and they'll go over those tonight and we don't have a whole lot of people so we probably could anybody speak but if you want to say you know somebody else gets up says, "Hey," you know, says something and you say, "Well, I was going to say that." Just say, you know, say your state your name and your address and say, "I agree with so and so." That way, save you some time. So, with that being said, need to open the meeting. Public hearing public hearing. Okay.

A public hearing for uh Shadow Lake proposed apartment complex. Okay. Do we have any public comments? But that's all here for. Okay. Just go ahead and call it on the record as opening the public hearing. Okay. You want to open a public meeting hearing for the shadow links. I do say one thing. Read that statement right from right down there. It says about videoing glasses. Sorry. No, it's right here in front of the snap. There you see the white thing. This one. We got to do this.

Please read the statement. This meeting is being live stream under production meeting for city staff. Is that it's been a while. Um need to open the meet up. Open the public meeting. We're going to now open up the public meeting for a satellite proposed department that I want to come to. We talk about Mr. Mark to speak.

I'm a non voting member, too. I'm just a building commissioner. Kind of help things along. Does everybody have one?

Great. My name is Eric Merchant with Prima of Aaron Associates. I'm here tonight with Michael Schuler and Schuler Homes um for the Shadow Lake N development that Mr. Jackson spoke about. Um Sher Homes is proposing to develop a multifamily complex on a baseline court and Christianity Parkway of approximately 19.5 acres. The proposed development will consists of 348 multifamily units with on-site amenities consisting of a clubhouse with workout facility, pickle ball court, and a dog park. And I'll get into some of the open space and green space that is being provided here shortly. Um, we are here tonight requesting approval of development plan to allow multifamily within lot 9 of Shadow Lake PUD development. On slide number three, you'll see the aerial outline. This is 14.5 acres with relatively direct access down Christianity Parkway 262 and above the subdivision to the north. On slide number four, this was the PUD that went through the planning and zoning and the um common council. The reasoning to a mixeduse PUB for Shadow Lake included uses of light industrial, commercial, and retail within the blue area to the left. That's the area we're talking about today. Specifically, where the yellow dot is would be where lot nine is. The advisory planning commission recommended approval on June 13th of 2022. It passed unanimously. The common council adopted the ordinance on August the 1st, 2022, and it passed unanimously. So, we're talking about roughly about four years ago, three years and eight months or so. If you flip to slide five, this shows some of the permitted uses that would be allowed within the industrial part of it. A lot of it centering around manufacturing.

The one thing I do want to point out on this slide is under the development standards in the bottom right of the slide. The maximum building height for these can be 40 feet, but if they do additional setbacks, they can get up to 100 foot uh building height. Um, and I'll I'll talk about our building height here in a few minutes. On slide six, that's some of the permitted retail uses. Um, again, highlighting the maximum building height on that um is about is is 40 ft. I do want to say something about the industrial. I did a quick layout today. You're talking about a 250,000 plus square foot building that can fit on this property with truck docks and the whole nine yards. So, if you go to slide number seven, this was the initial plan that we had submitted. You'll see some red arrows. Um, unfortunately, we laid this out with all the windows overlooking the backyards of the uh neighbors. Um, no one know. So, we listened to some of the comments um from I think that was one of the ones Mr. Jackson was referring to. So, if you'll flip over to slide eight, that is the development plan on the table tonight. There are no windows on the ends of these buildings. Um the closest building now is that middle one which is about 30 ft. The 124 plex just to the north of that is about 92 ft. The building number two which is to the south of that's about 86 ft away from the property line. And I'll get into here in just a second in the next slide what that green outline is along the property. So, if you want to go ahead and flip to slide nine. The developer is proposing a solid row of green giant arbor vites. These trees are hybrid and ideal for privacy screens, wind brakes in the whole nine yards. They grow fast

3 ft a year to reach a maximum of 15 to 60 feet in height with a 12 to 20 foot in width. They will be planted 12 feet on center. So, those those will be represented by the green dots. On the outside of the green dots, you'll see a purple line. That is a white solid vinyl privacy fence. And again, I want to stress that there's no windows, excuse me, on the ends of the buildings. Slide number 10 is conceptual elevation and interiors. This is a product that Mr. Scher has built in Jeffersonville on the plaza tent. He's had very much success with that and hopes to continue that in the city of Charleston. Oh, one thing on this one here. Our building is 35 ft maximum. So once the arbor bodies are planted, the final fences in place grows 3 ft a year. If he's planting them at 5T, we can do quick math and in about six years the buildings will be completely screened out. Are you planning on doing this in phases?

Yes.

So they will be doing on phases. Um so there may be buildings under construction when the trees are 20 25 ft tall. So on the very last slide, this just a little bit of recap points. U multif family development allows for the growth of retail and commercial uses to serve the current and future residences of the city. You have to have bodies before the other stuff will come. I've done a lot of retail development. Their first box that they check off is traffic. 62 checks that all day long. The second box that they're going to look for is bodies. That has a negative negative negative in this in this PUD. It was approved four years ago with Mr. Schuler and the whole DC develop group trying to spur something to get development moving out there. Multifamily development provides an an additional taxbased income for the city. This area is also in a tiff location. The project does have direct access to lighted intersection at a principal arterial roadway is defined by INDOT allowing traffic to get out quickly. Now we haven't decided we know where we're coming out on Christianity. We do show where we're coming out on Quality Court. As we go through the construction design process, if that needs to move for some distance from the roundabout, we can more than do that. We have plenty of opportunity to swing that road up around the corner. Um, the project will comply with state and municipal fire, sewer, drainage, and building regulations. This will have to go to state and get state released, and it'll have to come to Mr. Jackson for a local review. The project will allow future and existing employees of local businesses to work, live, and play in

the rapidly growing city of Charleston. I had the great opportunity to uh watch the mayor if uh she was on a panel talking about all the jobs that are coming here, plus talking about how the city of Charles Town has really transformed from a housing community now to a work with businesses here, parks, recreation, the whole nine yards. So now it's all starting to filter together for a complete city to where the bodies stay here, work here, and play here. So I would be happy to answer any questions and if we have anybody from Michael

I just had one one question. I know there was a concern about the drainage. I think that was one of something that I read someone had commented as far as like yeah they they they've got their drainage laid out so they know where it's at. We're in MS4 so it'll get the drainage gets reviewed by by our engineer. Okay. And they have to file for a permit from IDM be able to do that. It runs through us. We do that. We do the storm water. So that'll all be checked off. I have to meet all our our requirements to do that. so much on the building of I think it's forward.

Yes. Can that be moved a little further away from the houses to maybe put the pickle off there or uh that's yeah that's the clubhouse. Right now it's a state state mandates 20 foot minimum in between buildings for fires proper fire separation. Um talking about moving this maybe shutting some of these down. I think that's something we can look at make sense of it. I I I don't think that's an issue at all. We were trying to keep the clubhouse, you know, kind of understand

in the center, but I do fully understand the concern about getting that building, you know, trying to get it back. So, I'd be more than happy to uh relook at the layout, proceed what tonight is, and send it to Mr. Jackson for a final check off, but we can probably fly it, switch a few things around. Okay. And then uh this uh privacy fence and everything, would that be something that could be done right away with the trees? So that would be grown while you're building. You understand what I'm saying? We tend to do our trees as far as best time of year either early spring or late fall, right? It just depends when we get that. The privacy fence could be the private once we get our dirt on grade and once we get through our underground work, the privacy fence can be up very very quickly.

Okay. Probably in line with even the vertical construction. Okay. And then the other question I have is the dumpster. Is it just one dumpster there? It's a compactor. Compact. Yes. So instead of having dumpsters throughout the site and it'll become sunlight after a while, one compact we found works works great. Yes. And can that be kind of moved a little bit away from the housing area? Maybe a little further up. Yeah, we could look at you know moving that right now. That to the to right to the left of that would be the maintenance garage. So it would be hidden. Okay. I just trying to get it's an all brick structure. Okay. So when you look at the outside, it looks like it mean it's all brick.

It's block on the inside and we brick the outside. So you don't actually look at the compactor. Then it has a uh a gate on the front of it as well too. Yeah. Okay. We have one over here. It's quiet. Okay. Yeah. I'm just looking for the residents. Right. Yeah. Because we didn't know about the noise level that right. That's my only question. Does anybody else have any? I got a bunch. Okay, hang on. We'll get to All right.

So, can on the con when you're doing the construction, um will all the traffic be able to filter out and not go down High Street and pass the middle school? Like, will you take it out through the roundabout or quality court, whatever? Wait for the school. Yeah, we'll have the uh either the construction insurance where we show it off Christian Parkway or off of Quality Court. Okay. Straight to the roundabout straight out to 62. Okay, good. Because Yeah. That's less for them to to the residents have to deal with all that on their road.

Yeah. And then all the all EPSC measures, uh, construction entrances, the whole n yard mentioned MS4. So, we go through all that. that'll come up and we'll have to do proper engineering so doesn't end up out.

I guess the green highlighted area is just a green space that you're having there on the color plan. Yes, sir. Uh that that's just representation of the trees. Okay. Yeah. Well, yeah. The green all this green Yes. is all the open space and it's about 6.25 25 acres of the 14.5. Will there be any sidewalks along the roadway there? Yes. Some of that is what DC is already in the process of and we're going to link ours with airs. Okay. So, we're working on that with them.

And as far as the lighting, will that be lower coming off of the property?

Yeah. All lighting will be shielded and have zero foot candles at the property line. I don't have any other questions. Any other questions? We'll start with uh anybody wants a speaker. We'll start first with Brian. Uh people signed up, please state your when you come up, please state your name and address. Could I ask a quick question first? It sounds like the layout that we've got is not jing with what they were describing. You've got the one that's probably not turned. They they they went and turned those afterwards because we get

I say here's a here's an extra copy right there if you want to look at the updated. It's page eight. It's hard to follow when I'm talking. Yeah, it's changed. Absolutely. The mayor asked to talk to them. That's what they did. They flipped it so it wouldn't overlook because it was concerned

82 drive. Uh the dumpster park and the sewer is all in my backyard right next to it. Um, you know, when they started this project or start turning over to industrial a few years back, we were promised a 50ft barrier from our property lines.

It was on record 50T barrier and then if when the uh strip mall came through, they would put in trees or fence or whatever. We Well, the 50ft barrier is gone. It's 25 ft. Um, now talking about smell and dumpsters and everything else, the wind blows towards that neighborhood. All of our houses are in a dust bowl since the construction started. Can't keep them clean. If there's a dumpster right there and the wind's blowing, all we're going to smell is trash. And all we're going to hear is dogs barking at the dog park when it's nice out. This This is going to hurt my resale value. I'm trying to get out as quick as possible. I want gone. But it's going to be hard to sell it to someone else that sees these plans and sees there's a dumpster there. There's a dog park right there. And they're not gonna be able to sit out in their backyard and enjoy it. I mean, I understand the city wants to bring in apartments and more people and everything else, but when you hurt our value of our homes, that's hurting us. It's not benefiting the system. All right. So, uh, that's something I wanted to get up here and voice my concerns about. You know, now they changed their apartments. Great. I can have a little bit of privacy. But still, there's going to be a parking lot right there. I've seen the new planes already. So, until the trees are there or whatever, or even if they are there and the fence is there, are we going to have light shining in the back of our house all hours of the night? That's questions I want to know. So, Thank you. Thank you ma'am.

Sure. I'm over carry around.

So my name is Laurel Harper and I live at 8603 Valley Drive. So this is just a couple houses over from me. Um, I moved here a couple years ago and I was told that this neighborhood was going to have park right there in that area. And when I looked at the plans, there was an area called neighborhood service that was in the original development um, uh, plans from 2022 23, which could mean a park in development terms. So, I'm kind of wondering what happened to that. That's one of the transparency issues. I think several people in the neighborhood have because I've had other people told me that they also thought that was a park going in. Excuse me. And in addition to that, we already have all the noise, construction, traffic, the dirt. Our houses are covered in mud. I said we look like a bunch of mud dumpers. And the light pollution coming from the warehouses. So, it's like we're dealing with that already. So, now you're saying we're going to have how many more years will this this uh development take to complete? Do we know? Oh, I mean the whole development is 400 acres.

I mean, how many years will this apartment complex development take? Probably three years.

Exactly. So, we've got years of that to deal with. Um, we're going to have traffic, you know, people cut through from quality over to high already through the school area. So, how are you going to stop that? you're going to have more students coming into the area with not only these apartments, which is also considered a very high density development. So, we've got that coming in along with all the other apartments that are already here. So, you've already got a high student teacher ratio in this area. So, how are you planning on taking care of that? Um, compatibility with the existing neighborhood, it just it's not compatible. We're single family. We're going to have threetory units looking out into our backyard. I mean, how high is this privacy fence going to be? 8 feet, 10 feet?

Six. Six. With 70 foot trees that six years from now, maybe. How high are the trees going to be when you first plant them? Pardon? How high will the trees be when you first? You start these in the 5 foot range, right? So, you know, there's not going to be privacy for a number of years. Um, I could just go on and on and on, but I won't. But you get the gist of it. So, and you have to consider, would you want this in your backyard? So, thank you. Can I go?

My name is Charles Deal with D E L 8909 Woodford Drive. I got several questions. One is how many apartments we have in this sub in this city right now? Anybody know? Anybody know if they're 100% uh occupied by now? I could tell you we've got uh I couldn't tell you exact number, but there are a lot of them. Most of them are occupied, believe it or not.

Okay. Everybody thought about investing into these young people around here now. Keep them in this in this town. Let's go get rid of this apartment complex and put homes in there and let the kids come in there and live in there. Apartment is a temporary. People's going to stay there temporarily and they're going to leave. houses. They invest in their house. They're going to stay there. They're quitting in the house. They're going to stay there. I've got a house, but I'm gonna sell it. I'm ready to move, too. Now, ever since I've been in this town, I've had problem after problem. Wouldn't if it wasn't for the park, what if my HOA, whatever else is. Now, I sit in my backyard because I I'm proud of my yard like the like the um mayor does. Sits in there on front of her porch and enjoys it. while I sit in back and enjoy that beautiful sky and now I'm going to be enjoying it with with apartment complex back there. When they first came, they were those apartments were way on the other side of this field, not in front in our backyard. So why did it change? Why did they change decide to go back behind our backyard instead of on the other side of Christianity where in the first plans that I seen when they first came here? Anybody know why? Why did they change their mind? Do you guys do Why' you guys change your mind?

Well, we're not them. Oh. Huh. We aren't them. Oh, you just represent them. No, no, it's different. No, that's Christian. They're Sheler. They're the ones building the apartments. They're building. But Annie's in it has a name on it, too. Correct. And I mean, it's his property. I'm pretty sure. Yeah, they're invested in it as well. So, they're invested as well.

I know you guys already made your mind made up. I we're here for really wasting our time because I know this going to go in. There's no doubt in my mind. You got Christianity is giving you guys money. You're going to make the money off these apartments. Um Christianity donated their time to fix a park, a newsp park at 72 acres or 74 acres. I know what we where we stand, we have no no say. So, but if I was going to do something and I'm a businessman, I'm retired at 40. If I was going to do anything, I'd put houses there, increase the value of both both subdivisions and keep the people here. All these people you're wanting to come in here, but where are they going to stay? In apartments, eventually they're going to move out. Let them move in houses. I don't eject no houses there, but I sure exeject the threestory home uh apartments and they're like like I wish the mayor was here because I would like to ask her when she's sitting on her porch and her looking at her beautiful uh out front what's going on and everything. I'm going to be looking at apartments. And I definitely don't like looking at apartments. I don't know why you can't change that and put it back over to Christianity where on the other side of Christianity where it was when it wouldn't bother nobody. they it would be just fine and but now it's completely different than what what what has changed was since you're guys apartments. Why'd you move it over there?

Uh once again we aren't the developer. Oh, you're the ones going to own the apartments after it's done. You're going to build them and operate. Well, then why don't you guys ask to move it over? It's not an option for us. They own the ground. This is the only place that No, not when they first started on the first plant. If you ever go back to the first land when they started this the factory and stuff the fact those apartments way on the other side. I can't speak to that. Yeah, I can. I'm sorry, but I thought I like it.

But I I would invest in in houses. Not apartments all places. This is going to be the worst place you ever see, man. You walk come in place and see all apartments. No houses nowhere. How's it going? Craig W 8915 Woodford building four is on my back fence. So that's my big concern. Um like Brian is it Brian?

Like Brian said, privacy, smell, everything's going to be a big concern. My other big concern question is the build the big buildings that just went up back there. The blasting that's already cracked my patio foundation areas. You guys plan on blasting and doing some type of probably we have not got into that yet. That's a big concern with me in as close as I am like any type of already going to take a hit, right? Those buildings could be put here on this lot already without any approval. Yeah. So those those are I mean that's a complete different structure. Yeah. I just meant like for your building was there going to be any type of blasting any type of Oh, we haven't got that yet.

I don't remember any blasting. Well, there was definitely blasting. Yeah, I mean I got the back. You can walk down the sidewalks in our subdivision and see where they start bowing up. Now we're from the blasting or my back patio cracks everywhere. And my house is what? Where we at? 5 years on that back somewhere in there. And this city is of all rock. Yeah. We need to keep Go ahead. Sorry. Sorry.

Yeah, that's my big concern. But other than that, and like Brian said, the property value that's going to take a huge hit. I mean, right now, everything was supposed to be climbing and it's not going to resell at all. That's my big concern is damage to the properties that are nearby, especially on that back close to what could possibly go up. Thank you guys. I have one other comment I'd like to make. Yes, ma'am. What are we increasing the police fire ENS staff to accommodate all the new growth? Yes, the mayor's been working on that quite a while. We're growing. We're working on it or is it something happen?

We've hired we've hired quite a few. So you would think that that would be I mean we know there's a big problem with EMS in this area already. But that's that's not our that's county. We can't control that. Is there going to be any kind of accommodation made for the city for all of this? So by the city rather for fire department fire department medical I feel like I feel like H Heartland has gotten better since they put a location on Park Street. I think it's became a bit different since we have a location now in Charles Town for the ambulances and we've got a new fire department right there across the street almost. But when those were created, what was this increased population taken into consideration? Yes. Yes.

Yeah. We do a comprehensive plan and we have we tried to see how many police officers and fire and EMS we do. Yeah. Because I do have relatives who live in this area that the apartments that they're talking about and they said one of their nightly times is to sit on their balcony and watch all the police activity in the in the parking lots. And it's theirs is a nice apartment complex, but it has its issues. So, all right. Thank you.

Uh my name is Darren Cool. Live at 8913 Woodford Drive. Apartment 4 is right behind my uh house as well. Um, couple main concerns with it. One, I'd see the new plan and now they re re uh designated the building so people's balconies aren't looking directly over. But either way, I mean, those corner ones are still going to be looking out either side. Anybody along either of those buildings can look right over top, especially for the six years time being. And we know 12 foot spacing between trees at the top when they're 35 ft up in the air there. You can still see through all those trees. Everybody everybody knows that. You can look through any pine tree wall that gets planted. But um on top of that, a lot of my main concern is the resale value. I'm 24 years old. I just bought my house last year in that subdivision. And uh so I don't have as much equity built up in the house as many others that bought the houses when they were brand new five years ago. So, um, now a year later, already going to be losing a lot of value from having an apartment complex back there. You're talking somebody can go and be minutes away from me and rent an apartment and have no maintenance for $1,400 a month at most, most likely in the area with how many apartment complexes already there that we can drive through the lots. And I know you say they're mainly full, but they're not. And, uh, somebody can really get in there and get a cheap living apartment rather than pay $1,800 $2,000 a month on a mortgage. Why would they do that when if I go to sell my house in two years from now? Like I'll lose a lot of money on that. So, that's one of my main concerns, but mainly just the privacy is a big one. I just built a privacy fence of my own to have some more privacy. And then less than a year after completing it, somebody's going to build a threetory

apartment complex right behind uh patios overlooking. I mean, I just don't know what else to say about that. I think that's all I have. Thank you. Thank you. Hi, my name is Aaron Baker. I'm at 8919 Baker Drive. Um, I am right there next to building two and I have very large dogs who love to bark at neighbors because they are so friendly. And having that parking lot right there is going to be an issue. I already know that Scotty probably does not like my dogs because they bark at everybody. I try I do I try to keep them in, but you know dogs I'm not going to put a shot collar on, you know, to keep you from barking, but I can already see that's going to be a problem. Again, also like uh Brian said, the dumpster is going to be a big issue. And all of these guys have have all made very valid points. And um when I first bought my house 40 or in 19 or in 2019, I was told light industrial would probably be there. I was fine with that. I was fine with looking at the back end of a of a warehouse or whatever because that who's going to be back there? Who's going to be mosying around back there trying to see, you know, what's going on? Neighbors, you know, whatever. Great. But I was not expecting to be seeing a bunch of people coming in and living in my backyard. I I wanted that privacy. And like somebody else

said, the I bought it because I could see the sky. It was beautiful. We had a beautiful lookout, you know, from my back porch. Now I'm going to be looking at trees, which is better than a warehouse, granted, but it it's not the light pollution. I love the stars. Where's the stars going to be? You know, but another concern is what is the what is the rent base going to be? Because I'm not trying to be snobby. I'm not. But is this going to be for lower income families? Because I I don't want this to become a nuisance area for Charles Town because and and unfortunately we all know that unfortunately lower income properties do tend to draw lower income available housing draws, you know, refra sometimes. Not that that that's anybody's fault, right? But we need to keep take that into consideration. We don't want to be bringing in, you know, problem families or people that are coming from Louisville. We're trying to escape that, you know, escape Portland area, right? That's probably what we're trying, you know, we're trying to help bring people in here, but we want to make sure we're drawing the right crowd. That's all I'm saying. No one else. Elizabeth Ward. I live at 8607 Oak Valley Drive, kind of like in the middle. Um, agree with mostly everything that was said. Definitely would love single family um houses in there. Um, in

addition to everything I and I don't know, uh, I know you guys are managing the apartments. Is that right? After they're built. Correct.

I'm I'm just curious because the proximity to the schools. Um, I'm just curious about the like, you know, background checks, make sure there's no like criminal people staying there. So, I don't know what kind I know a lot of complexes do run that kind of um background, but I'd just be curious if it was statewide or a national search, things like that. Like what what all does that entail? And then just to make sure that you know the people that are staying there are um not crim have a criminal background like a like a bad criminal background. Um so my concern is mostly the proximity proximity to the school. Um, but I also agree that single uh family houses would also be beneficial. And that's it.

Thank you. Is there anybody else from the street? They have a chance to answer questions if you guys want to answer any questions. Absolutely.

So, I'd like to start with the single family. I'm being there. Um, if somebody were to come before you with a single family, they'd be in the exact same boat right here because that's not approved either. It's approved for manufacturing, commercial, and retail. It's approved for 100 foot tall building to go in there, rolling dogs all across the back, lights from here to wherever. We're trying to do a better transition through there. Um, they do run background checks and credit checks on everyone. I am not aware single family around that you can't go buy a house to get a background check. I've never been background checked when I bought a house. My daughter has never been, nobody I know has had background check when I bought a house. Um, as far as the 50oot barrier, I pulled up Sunday night and last night to try to find um or today's Monday, Saturday and Sunday night to try to find the PUB ordinances online. I found the planning commission actions and I found the common council actions. Nothing described anything of that. If that was described in there, we would need that, but I found nothing in there that described any of that in any of the ordinances that were um that were available online. Um the lights in the backyards, as we have discussed, those are going to be zero foot candles. They are all shielded and it's zero foot handles at the at the property line and that's part of the regulations that we have to meet when we come do the construction plans. Um again I didn't see anything referencing a park. I zoom I mean there was some confusion on that park. The park that was addressed at that time was the 75 acre park that they're actually putting the walking trail in. Now that's where there some of that confusion probably came from. What's the neighborhood service thing referring to in this July 2022 layout?

Neighborhood service. Yes. I own the actual park. Now, I don't that part we're talking I'm talking about this. It's on this 14 and a half acres. It says there that what was it was zoned for was a neighborhood service, a pond, and a landscape. So that's why I was talking about confusion and transparency. Okay. Okay. Yeah. Because what I found was this graphic here

that laid out what the uses were for each one. So continuing on some of the questions, um, somebody brought up Parkland Medical. Um over the years I've been a part of several complexes that actually rent from us gateway crossings and the bend and car they rent from us. Um let's see again I mentioned homes in the area compatibility single family multifamily commercial manufacturing. If you all ever played the games sim city it was designed by planners. You can't put apartment complex next to a refinery. Well, unfortunately, if we flip to slide five, we could put a commercial testing laboratory there.

An automobile car wash. Um, I interrupt a second. So, are you like threatening us with No, it's coming off that way. Well, okay. Let him be sorry. All right. So,

so we're we're trying to work within the code for some of the uses in the industrial that we don't feel belong there but are approved there. Um, building number four, which was brought up several times, that's the one we had discussed. I'm moving it up and putting something there so it's more in line with the 80 to 90 ft distance away versus um where it is now at 30. I'm more than confident we can do that and at the same time looking at BMster relocation even though it is an enclosed container we will look at removing or moving that in that area. So I think that was

and that would be reflected if it's passed it would be reflected in the develop or the actual construction plans which you guys could see and these these are market rate apartments which no apartment rents cheap. Yeah the right now the the apartments in Charles Town are going anywhere from 15 to900 a month. Yeah cuz my son's looking one over here and for two bedroom it's 1,600 a month. This one over here is 1880 but my daughter rented the same apartment down there but they're running 15,900 a month.

So again I want to apologize if I've come off is I'm not that's my job's up here to to propose or what is you're an engineer right? I'm a land planner. Land planner. Okay they're saying they all come off like that sometimes. I used to cover architect. So I won't unless you all have any questions for Can can I address the dog park since nobody I know somebody complained about the dog park and probably I am the one in this entire room that can actually probably have the most experience.

Um yeah, we own a dog boarding and training business. So um is there a way because I get it. The dog barking would not phase me by any means but some people don't like dogs and don't want to listen to it. Um and of course there is a a noise ordinance in the city but that doesn't mean they'll acknowledge that either. Is there not a way to move it maybe closer to quality court away from the house or away from the backyard of those people? What we can do is look at it in the area. Maybe swap the pickle ball court and the dog park. I was going to say it could be a skinny. It doesn't need a dog park. Don't need to be large. I mean, they just need to be able to

Yes, we can look at So, we're going to look at additional area for building for relocating the dog park. Um, relocating the dumpster. Relocating the dumpster. Yeah, I don't know. I got dumpsters I don't have experience with. I don't even know if they're enclosed, but I don't know if it's going to smell like I can't I just can speak for the one that's down there. It's the same thing here that it doesn't smell, but it does make noise, but I don't know if it's a certain type of dumpster. I don't know. I'm not a fan catches it. Yeah, it's all the just like if somebody was out on their patio smoking it. Okay.

Yeah. So maybe flip-flop because if they're okay with a park, they're okay with a pickle ball park being over there then because that would be the same um as if it was a park over there. Well, you still had the apartment buildings backing up to our lots. So in addition to pickle ball Yeah. But I mean she other lady is okay with a big gigantic industrial building in her backyard. That is her. So, I know, but unfortunately, we can't make everybody happy. I'm just trying to Yeah. move some of the stuff away from what we need was a residential area because I get that. So,

and I can have that turned around turned around at time pretty quick. just showing that

far as the the crime and everything. Is there any way u you know where the complex could have like the flock cameras? You know what a flock is? I do know what it is. We don't use them. We do have extensive security systems though. Camera systems routinely. Okay. Where the police would be able to have access to it. We work with them. Yes.

Okay. I know there's right now there's some issues with legalities behind block. Yes, that you got to deal with that. Sir, you make a recommendation for approval and can I I'm sorry I was running late. Do I have time to speak? Would you just come get Yeah, I just walked in. I mean, it's up to you. Yeah, please. Give your uh name and address, please.

I will. Hi. If you approve it based on those changes. Okay.

So, my name is Vicky Basham and I lived at at 9049 Woodford Drive. So, I can bring a unique perspective. I work in multif family and have for 32 years. We build apartment communities. We sell them. We buy them. All over the country. I've done this. So my spouse was recruited to work for Ford, the Kentucky truck plant and out on the Ford side, not the union side. So we came here and we found our realtor brought us into the subdivision and I love it. So I know what goes into building these multifamilies and I have a lot of concerns that go along with it too. You know, it's not about a pickle ball court. It's not about a dog park because people aren't going to use a dog park as much as what you think they're going to use. You can't guarantee any kind of safety. There's no security. Crime does not have an address. You're bringing what is it? 398 units. Nearly 400 units.

348.

348. Okay. So, averaging minimum of two cars per household. So, you've got all this increased traffic in this roundabout that we have over here. So, are we going to be able to handle all the traffic if there? You are going to need increased police force. You're going to need increased utilities. We lost our playgrounds. We were told when we moved in there that, oh, it's great. You got a playground. a pickleball court. All that went away at our subdivision and because the utility thought they had to have the right away and all that disappeared, right? So now you have a multif family that's going back there where you got roundabout, you don't have enough street, you don't have enough uh infrastructure that's going to go back there. Crime doesn't have an address. They're not going to keep up with it. There is going to be noise complaints. You're going to have people dumping their their mattresses and stuff around the trash and stuff that's going to be there. And when you're talking about the rents, they're overpop populated with apartments right now in Charles Town. So even though they're going to tell you that it's 1,600, it's 1,800, when you're bringing in more apartments, people are going to start running specials. People are going to start reducing what their criteria is to get people in there to pay the rent. So it's not just cut and dry. We're building a nice property. We have all of these warehouses coming up all over the place and everybody's thinking, "Oh, we need housing. We need housing." These apartment communities are not full. They're not full. I can drive through every lot and tell you within a probably a couple percentages of what their occupancy is. So the the city of the town of Charletown, it's not even a city. It is the town of Charle Town is being overbuilt by multifamily. And putting multif family back there behind our community is not going to be the right thing to do. And you got kids, people are going to walk through our yards to get over to the middle school. They're going to walk through to get over to downtown. I've seen this I've seen this happen many times in many markets because we're all out there. My company is throughout the entire country. The entire country. So I it's

there's a lot more to think about than where they're going to put a pickle ball court, where they're going to put a dog park. There's so much that has to go into this. Our value is going to go down on our houses. And when this property becomes 10 years old, 15 years old, 20 years old, we've got probably people that shouldn't be living there because that that's going to reflect on us. That's our home values. That's our families. Just like the one gentleman I like I said, I raced up here. I was watching it on live. We dealt with the blasting. My house is covered in dirt. I have to have a pressure wash. We have broken concrete. We have sidewalks that are coming up. And now we have to deal with more construction on the other side of this. So, I I just I don't think it's a good idea. And this is what I do for a living. This is exactly what I do for a living. And I just I feel like this is not the right the right choice. It's definitely not.

Okay. Thank you. I will address it. We are a city, believe it or not. Well, I mean, compared to Louisville, compared to Indianapolis, those are metros. Yeah. I mean, it's Yeah. Yeah. We and we did have a a traffic study has been done in the 403 corridor. All that touched in. Of course, they're opening that up. So, just to let you know that's and we we have sufficient sewer. We just built a large $30 million $30 million plant and the water has been redone. So, we do have infrastructure. Just let everybody know. Can I make a suggestion vote on this tonight that you go back in and incorporate the opinion to provide us with the new information from what they've been talking about?

That's that's what I was advising them to do. If they they vote for it, then we then the changes that they talked about making before they approve it. We'd like to Well, approve it. Well, we we can't really do that. There's there's time here. But what we would do if they approved it, they would approve it based on them uh before they construction plans and get their permits. It would have to meet whatever they said they would do tonight. Okay. I have a question. Is there a tax incentive for them to be building back there? I don't think there incentive. You know, it is a tip district, which means that the it's contained in that area, right? But it's not a tax incentive. It's not like the ones over here. I know what you're talking about, but No, it's not in

No, no, I'm not talking about Well, I'm not talking about tax credit. I'm talking about is this is the the city giving them any kind of a break or anything to go there? Okay. Uh I guess what we'll do is move for a motion to approve the shuttle. Close the public hearing. Close public hearing. Okay. He's not he's I'm sorry. Sorry. Sorry. Okay. We'll go ahead. Post public hearing at this point. Do I need a motion on that? Yes. Motion to close the public hearing. I'll make a motion. Motion by I'll second it.

Second by Daisy. All in favor say I. Any oppose? Same sign. Okay. Under a motion to approve the Shadow Lake proposal permit development within the HUD with the based on the changes that was made tonight. Motion for approval.

I'll make that motion.

Second. Yeah, I'll second. Second by Marty. Okay. All in favor say I. I. I. Any opposed. Okay. Motion passes. At this point, there's no other business. Have a motion. Very careful. I'll second.

You did good. Yes. You