May 13, 2021 Planning Commission

[00:00:04]

>> GOOD EVENING, LADIES AND GENTLEMEN.

WELCOME TO OUR MAY 2021 PLANNING COMMISSION MEETING.

OUR FIRST MEETING TOGETHER IN OVER A YEAR.

[ROLL CALL]

CALL. >> ROLL CALL

>> OKAY. BEFORE WE GET STARTED, I WOULD JUST LIKE TO GO OVER THE PROCESS THAT WE'LL BE GOING THROUGH HERE TONIGHT SINCE WE HAVE A NUMBER OF PEOPLE FROM THE PUBLIC HERE. SO THE COMMISSION IS GOING TO BE PRESENTED WITH AGENDA ITEMS BY THE PLANNING DEPARTMENT AND THEN REPRESENTATIVE FOR THE ITEM WILL HAVE AN OPPORTUNITY TO MAKE COMMENTS IF THEY WOULD LIKE TO.

AND THEN I WILL OPEN A PUBLIC HEARING, IF IT'S APPROPRIATE BECAUSE SOME ITEMS DO NOT REQUIRE A PUBLIC HEARING.

THIS WILL BE YOUR OPPORTUNITY TO ADDRESS THE COMMISSION ABOUT AN ITEM THAT IS AT HAND. WE WANT EVERYBODY TO BE HEARD AND WE ASK THAT YOU KEEP YOUR COMMENTS TO FIVE MINUTES.

PLEASE KEEP THE COMMENTS RELEVANT TO THE ISSUE AT HAND.

AFTER EVERYONE HAS SPOKEN, I'M GOING TO CLOSE THE PUBLIC HEARING. THE REPRESENTATIVE AND STAFF WILL THEN HAVE AN OPPORTUNITY TO ANSWER ANY QUESTIONS THAT MAY HAVE COME UP DURING THE PUBLIC HEARING.

AND THEN I WILL OPEN THE FLOOR TO THE COMMISSIONERS FOR MOTIONS, DISCUSSION AND A VOTE. THE COMMISSION WILL VOTE BASED ON STATE AND LOCAL LAWS. THE CITY'S COMPREHENSIVE PLAN 2030 AND FOR THE GENERAL GOOD OF THE COMMUNITY.

ADDITIONALLY, I WOULD LIKE TO SUMMARIZE OUR ROLE THAT IS RELATED TO THE APPROVAL OF SUBDIVISION CLASS, BECAUSE BY ALABAMA STATUTE, MUNICIPAL PLANNING COMMISSION SUCH AS OURS IS THE FINAL AUTHORITY FOR SUBDIVISION PLATS FOR THEIR APPROVAL. WITH REGARD TO THE PLATS, COMMISSION ACTS AN ADMINISTRATIVE BODY AND IS BOUND BY THE LIMITATIONS CONTAINED IN STATE LAWS, CITY ZONING ORDINANCE AND THE SUBDIVISION REGULATIONS THAT WE HAVE ADOPTED PREVIOUSLY. WHILE THE PUBLIC HEARINGS ARE REQUIRED FOR THESE PLATS, AND WE WELCOME ANY AND ALL PUBLIC COMMENTS CONCERNING THESE ITEMS, PLEASE UNDERSTAND THAT THE COMMISSION'S AUTHORITY IS STRICTLY LIMITED TO CONFIRMING THAT THE PLAT MEETS OR EXCEEDS CERTAIN REQUIREMENTS CODIFIED BYLAWS AND THE REGULATIONS I PREVIOUSLY MENTIONED.

FINALLY, I WOULD LIKE TO MAKE A POINT THAT SPECIFICALLY FOR THE PUBLIC THAT IS IN ATTENDANCE NOW.

AS YOU KNOW, THE PLANNING COMMISSION IS ONLY AN ADVISORY BODY FOR THE CITY COUNCIL. AND EXCEPT IN THE CASE OF SUBDIVISION PLAT DECISIONS, THE CITY COUNCIL MAKES ALL FINAL DECISIONS UPON WHATEVER RECOMMENDATION WE FORWARD TO THEM. SO THERE WILL BE ANOTHER CHANCE TO ADDRESS MOST OF THESE ITEMS THAT WE WILL COVER TONIGHT.

AT THIS TIME, I'M GOING TO OPEN UP THE FLOOR FOR CITIZEN COMMUNICATION. NOW, THIS IS A TIME WHERE IF YOU WOULD LIKE TO SPEAK ABOUT ANYTHING THAT IS NOT ON THE AGENDA AT ALL, THAT IS ONE SUBJECT YOU CAN SPEAK ON.

THE OTHER IS IF YOU HAVE ANYTHING YOU WOULD LIKE TO SAY ABOUT THE CONSENT AGENDA ITEMS. AND THOSE WE HAVE THE MEETING MINUTES AND THEN WE HAVE AN ANNEXATION.

WE HAVE A FINAL PLAT APPROVAL AND A WAIVER TO A BOND EXTENSION. WOULD ANYBODY LIKE TO COME FORWARD TO SPEAK ABOUT ANY OF THOSE? ALL RIGHT. SEEING NONE, WE'LL MOVE ON.

WE HAVE NO OLD BUSINESS. AND THAT BRINGS US TO THE

[CONSENT AGENDA]

LOOK FOR A MOTION. >> I WOULD MAKE A MOTION WE APPROVE THE THREE NUMBERED ITEMS ON THE CONSENT AGENDA AND THE MINUTES OF THE PACKET MEETING OF APRIL 5TH AND REGULAR MEETING OF APRIL THE 8TH.

>> SECOND. >> I HAVE A MOTION AND A SECOND. ALL THOSE IN FAVOR SAY AYE.

>> AYE. >> THOSE OPPOSED SAY NO.

CONSENT AGENDA CARRIES. AND WE'LL MOVE UP TO NEW

[4. Zoning Ordinance Amendment PUBLIC HEARING PL-2021-00238]

[00:05:06]

RECOMMENDATION FOR CITY COUNCIL TO ADJUST SOME OF THE AMENDMENTS IN THE ZONING ORDINANCE.

>> GLAD EVERYONE IS HERE TONIGHT IN PERSON.

GOOD TO SEE EVERYBODY. THE FIRST ITEM ON TONIGHT'S AGENDA IS AN AMENDMENT TO THE SHORT-TERM RENTAL REGULATIONS THAT WERE PASSED EARLIER THIS YEAR.

WHEN THEY WERE APPROVED, THERE IS TWO PORTIONS BEING AMENDED, ADDING TWO DEFINITIONS TO THE ZONING ORDINANCE, AS WELL AS AMENDING THE HOME OCCUPATION SECTION, WHICH GOVERNS HOME STATES, A PARTICULAR TYPE OF SHORT-TERM RENTAL.

ONE OF THE STIPULATION OF HOME OCCUPATION IS THAT THE BUSINESS CANNOT OCCUPY MORE THAN 25 PERCENT OR 500 SQUARE FEET OF THE RESIDENCE. AND WE ARE ADDING WITH THE EXCEPTION OF HOME STAYS TO THAT CLAUSE.

AND THE SECOND ONE FOR HOME OCCUPATIONS IS THE PARKING REQUIREMENT FOR HOME OCCUPATIONS, THE BUSINESSES HAVE TO PARK ON-SITE. AND WE ARE ALSO REQUIRING THAT FOR SHORT-TERM RENTALS FOR THE HOME OCCUPATIONS, HOWEVER, IF IT CANNOT ALL BE MET FOR HOME STAYS ON-SITE, THEY CAN PARK ON THE STREET. SO THOSE ARE THOSE TWO ITEMS FOR HOME OCCUPATIONS. AND THE TWO DEFINITIONS ARE LODGING AND TRANSIENT OCCUPANCY.

IF YOU WILL RECALL, I MOVED TO REMOVE TRANSIENT OCCUPANCY WHEN THIS FIRST WENT THROUGH BEFORE. BUT AT THE TIME IT TIES BACK TO LODGING, WHICH WAS NOT CONSIDERED.

SO THIS IS THE FIRST TIME ADDING THE DEFINITION OF LODGING. AND THAT IS REALLY TO DRAW THE DISTINCTION BETWEEN SHORT-TERM RENTALS AS BEING LODGING AND RESIDENTIAL OCCUPANCY WHICH IS A DWELLING.

SO IT'S SEPARATING THE USES. ONE IS A COMMERCIAL USE AND ONE IS RESIDENTIAL. THAT IS THE GIST OF THE AMENDMENTS. I WILL BE HAPPY TO ANSWER ANY

QUESTIONS YOU MAY HAVE. >> THANK YOU.

ALL RIGHT. THIS REQUIRES A PUBLIC HEARING.

SO I'M GOING TO OPEN THE PUBLIC HEARING AT THIS TIME.

WOULD ANYBODY LIKE TO COME FORWARD TO SPEAK ON THESE AMENDMENTS? SEEING NO ONE, I WILL CLOSE THE PUBLIC HEARING AND ASK FOR A MOTION, DISCUSSION.

>> MOVE TO APPROVE PL 202100238.

>> SECOND. >> I HAVE A MOTION AND A SECOND. ALL THOSE IN FAVOR SAY AYE.

>> AYE. >> THOSE OPPOSED SAY NO.

[5. Links Crossing, Phase 4 Rezoning PUBLIC HEARING PL-2021-00234]

LINKS CROSSING. >> THIS IS A REQUEST ON BEHALF TOM HALEY, TO REZONE FROM RURAL DISTRICT TO DDH, REQUEST TO MAKE THE ZONING MORE IN LINE WITH THE FUTURE DEVELOPMENT OF THE EXISTING SUBDIVISION THAT YOU CAN SEE IN THIS HERE.

THIS IS THE AREA SHOWING THE AREA TO BE REZONED IN RELATION TO EXISTING AND IN PROGRESS LOTS.

WE'VE NOT RECEIVED ANY COMMUNICATION REGARDING THIS CASE. NOT SURE --

>> I DON'T SEE MR. HALEY. >> I DON'T BELIEVE THE

APPLICANT IS AVAILABLE. >> OKAY.

THIS DOES REQUIRE PUBLIC HEARING.

WOULD ANYBODY LIKE TO COME FORWARD AND SPEAK ON THIS ITEM? SEEING NO ONE, I'M GOING TO CLOSE THE PUBLIC HEARING.

ASK FOR MOTIONS OR COMMENTS FROM THE COMMISSION.

>> I MOVE THAT LINKS CROSSING PHASE 4 BE RECOMMENDED FOR APPROVAL TO REZONE FROM RURAL TO DEVELOPED, I MEAN -- YEAH.

[00:10:04]

>> SECOND. >> OKAY.

I HAVE A MOTION AND A SECOND. THE MOTION IS TO APPROVE THIS REZONING FROM RURAL TO DDH. CAN WE HAVE A ROLL CALL.

>> ROLL CALL. >> MOTION CARRIES.

[6. Links Crossing, Phase 4 PUBLIC HEARING PL-2021-00182]

THIS IS LINKS CROSSING PHASE 4. PL 2021-00182.

THIS IS A PRELIMINARY PLAT APPROVAL.

MS. KENNEDY. >> THIS REQUEST ALSO COMES FROM HALEY ON BEHALF OF LINKS CROSSING, LLC.

IT'S A REQUEST TO HAVE A 38 LOT SUBDIVISION IN THE AREA SHOWN HERE. A PORTION OF WHICH IS IN THE AREA TO BE REZONED. THERE IS THE LOT LAYOUT, SHOWING THE FUTURE LOTS. IT CONNECTS TO A PREVIOUS PHASE WHICH IS UNDER CONSTRUCTION NOW.

WE HAVE NOT RECEIVED ANY COMMENTS OR CONTACTS FROM THE PUBLIC ON THIS AND WE ARE RECOMMENDING APPROVAL.

>> THIS REQUIRES A PUBLIC HEARING.

WOULD ANYBODY LIKE TO COME FORWARD TO SPEAK ON THIS? SEEING NO ONE, I'M GOING TO CLOSE THE PUBLIC HEARING.

AND ASK FOR MOTION OR COMMENTS FROM THE COMMISSION.

>> IF THERE IS NO COMMENT, I MOVE TO APPROVE PL 2021-00182.

>> SECOND. >> MOTION AND SECOND.

NO FURTHER DISCUSSION? >> DISCUSSION.

I MAY ASK, COMPREHENSIVE LAND USE PLAN, ONE OF THE GOALS IN CIRCULATION IS THE REDUCTION OF CUL-DE-SACS.

NOT THE ELIMINATION OF IT. BUT REDUCTION.

IS THERE SOME WAY WHEN WE GET SUBMITTED THESE SMALLER SECTIONS THAT WE CAN GET AN IDEA OF WHERE THE TIE-INS GO, LIKE ON IRON STREET OR ON BUNKER DRIVE, I WOULD LIKE STAFF TO TRY TO SEE WHAT THE FUTURE MAY LOOK LIKE INSTEAD OF GETTING THESE SMALL PIECES PUT TOGETHER WITH A LOT OF CUL-D CUL-DE-SACS.

IT MAY BE IF WE LOOKED AT A LARGER PICTURE, SOME OF THEM COULD BE CONNECTED IN A LITTLE BIT CIRCULATION.

>> ONE OF THE FIRST ITEMS IN OUR PROCESS FOR A SUBDIVISION IS THE NEED FOR A LOT LAYOUT. SO A LOT OF APPLICANTS WILL BRING THAT TO US IN SORT OF THE PRELIMINARY IDEAS OF WHAT THEY WANT TO DO. HOWEVER, THAT IS NON-BINDING.

SO WE ARE NEVER REALLY SURE UNTIL IT COMES IN AS PHASES.

>> I KNOW YOU'RE DOING YOUR BEST.

I JUST ENCOURAGE YOU TO GET AS MUCH OF THAT INFORMATION AS POSSIBLE. THANK YOU.

>> ANY FURTHER DISCUSSION? >> YEAH.

I JUST WANT TO POINT OUT THAT THERE IS GOING TO BE AN INTERESTING SITUATION HERE, IN THAT A PORTION OF THIS SUBDIVISION IS GOING TO BE IN CDD, IS THAT CORRECT?

>> THAT IS CORRECT. >> SO THAT MEANS THEN, AND THE ZONE IN WHICH THESE LOTS RESIDE IS NOT PART OF THE PLAT WE ONE BUYS A LOT. SO IT'S -- I'M JUST POINTING IT OUT THAT IT IS -- UNLESS THEY COME IN AND REZONE, ASK FOR REZONING, YOU'RE GOING TO HAVE SOME POTENTIAL CONFLICTS WITHIN A SUBDIVISION BECAUSE ONE HAS -- ALLOWS A LOT MORE DIFFERENT USES THAN THE OTHER. ONE ZONE.

>> THE RECOMMENDATION TO REZONE WAS MADE.

HOWEVER, SINGLE FAMILY RESIDENTIAL IS PERMITTED IN CDD. SO IT IS A PERMITTING ZONE.

NOT REQUIRED TO REZONE IT >> BUT WHAT YOU'VE GOT IS -- WELL, AN EXAMPLE IN THE SHORT-TERM RENTAL SITUATION.

SOME OF THOSE HOUSES WILL BE IN THE ZONE THAT ALLOWS IT.

AND OTHERS WON'T. >> RIGHT.

WITH THE SHORT-TERM RENTALS, WE LEFT UP TO THE HOA TO PROVIDE THAT LANGUAGE IN THEIR COVENANTS ON WHETHER THEY SEE FIT TO DO THAT. I THINK THAT WOULD ALSO RESTRICT IT SHOULD THEY FIT FOR THAT CDD PORTION.

>> WE'LL SEE. >> FURTHER DISCUSSION? LET'S HAVE A ROLL CALL VOTE, PLEASE.

[00:15:03]

>> ROLL CALL. >> ON TO ITEM NUMBER 7, THE

[7. The Landings at Academy Drive PUBLIC HEARING PL-2021-00110]

A PRELIMINARY PLAT APPROVAL REQUEST.

JAY HOWELL. >> I'M NOT QUITE AS TALL AS

JAY. >> KIP INSTEAD.

>> THIS IS A PRELIMINARY PLAT REQUEST FROM PERRYMAN HILL, LLC. IT IS A PLAT REQUEST FOR A 97 LOT CONVENTIONAL SUBDIVISION ON 39.45 ACRES.

YOU PREVIOUSLY HEARD AN ANNEXATION AND REZONING REQUEST AT YOUR MARCH MEETING TO ANNEX THIS LAND IN AND REZONE TO DDH, AS WELL AS A REZONING REQUEST TO REZONE THIS TO DDH.

HERE IS THE PROPOSED SUBDIVISION.

THE ACADEMY WOULD BE LOCATED APPROXIMATELY IN THIS AREA.

THEY'RE PROPOSING TO EXTEND ACADEMY DRIVE THROUGH AS A THOROUGH FARE, WHICH WOULD EVENTUALLY CONNECT TO OTHER POTENTIAL ROAD CONNECTIONS. STAFF IS RECOMMENDING APPROVAL.

AND I'M HAPPY TO ANSWER ANY QUESTIONS.

>> IS THERE A REPRESENTATIVE OF THE APPLICANT PRESENT THAT WOULD LIKE TO SAY ANYTHING? OKAY.

THIS REQUIRES A PUBLIC HEARING. AT THIS TIME I WILL OPEN THE PUBLIC HEARING AND ANYBODY THAT WOULD LIKE TO COME FORWARD, PLEASE DO. ALL RIGHT.

SEEING NO ONE, I'M GOING TO CLOSE THE PUBLIC HEARING.

ASK FOR COMMENTS OR A MOTION FROM THE COMMISSION.

>> MR. CHAIRMAN, I VOTE TO APPROVE ITEM 7 ON THE AGENDA.

>> SECOND. >> MOTION, A SECOND.

ANY FURTHER DISCUSSION? OKAY.

CAN WE HAVE A ROLL CALL, PLEASE.

>> ROLL CALL. >> OKAY.

[8. George Bedell Lands PUBLIC HEARING PL-2021-00235]

2021-00235 PRELIMINARY PLAT APPROVAL.

>> SUBJECT PROPERTY IS LOCATED BETWEEN RAILROAD AVENUE AND GLENN AVENUE. AND THEY ARE ZONED UNW SURROUNDED MOSTLY BY UNW BY CRDW TO THE NORTH.

CONSISTS OF APPROXIMATELY 1.8 ACRES.

WE RECEIVED SEVERAL INQUIRIES, BUT NO COMMENTS IN FAVOR OR OPPOSING. STAFF RECOMMENDS APPROVAL.

>> THANK YOU. REPRESENTATIVE FROM THE APPLICANT LIKE TO SPEAK? THIS REQUIRES A PUBLIC HEARING.

I'LL OPEN PUBLIC HEARING AT THIS TIME.

ANYBODY LIKE TO COME FORWARD, PLEASE DO.

AFTER YOU'RE DONE, CAN YOU SIGN UP OVER HERE ON THE RIGHT ON THE APPROPRIATE BOARD. ONE FOR EACH ISSUE TONIGHT.

>> I'M RAY HUFF, REPRESENTING THE OWNER OF HERITAGE PARK LIMITED, 623 WEST GLENN. WE JUST HAVE ONE QUESTION, WHAT IS THE PURPOSE OF THIS PROJECT? I MEAN, LARGE STUDENT HOUSING PROJECT, SUBDIVISION? DO WE KNOW?

>> SUBDIVISION. >> SUBDIVISION.

>> 18 TOWNHOUSES. >> THAT IS ALL WE WANTED TO KNOW. THANK YOU.

>> THAT WAS EASY. >> DIDN'T WE GET AN E-MAIL LATE

TODAY ON THIS ITEM? >> WE DID.

>> THAT WAS IN OPPOSITION. >> VERY GOOD.

>> ANY COMMENTS, MOTION FROM THE COMMISSION?

>> MR. CHAIRMAN, I WOULD MAKE A MOTION TO APPROVE ITEM 8 ON THE

AGENDA. >> SECOND.

>> MOTION AND SECOND. ANY FURTHER DISCUSSION? CAN WE HAVE A ROLL CALL PLEASE, AMBER.

>> ROLL CALL. ON TO ITEM NUMBER 9, THIS IS A

[9. George Bedell Lands PL-2021-00236]

[00:20:07]

HEARING. >> SO THIS IS THE SAME PROPERTY AND THEY'RE SEEKING FINAL PLAT APPROVAL.

CONSOLIDATION. SO NOTHING WILL CHANGE.

STAFF RECOMMENDS APPROVAL FOR THIS AS WELL.

>> OKAY. NO DISCUSSION OR MOTION?

>> MOVE TO APPROVE. >> SECOND.

>> MOTION AND SECOND. ANY DISCUSSION?

ALL THOSE IN FAVOR SAY AYE. >> AYE.

>> THOSE OPPOSED, SAY NO. OKAY.

[10. North Dean Townhomes PUBLIC HEARING PL-2021-00244]

>> YES, SIR. THIS IS A CONDITION USE REQUEST FOR A MULTIPLE UNIT DEVELOPMENT.

THE PROPERTY OWNER IS SWAN INVESTMENTS, LLC, AND THEY'RE REPRESENTED BY PINNACLE DESIGN GROUP INCORPORATED.

THE SUBJECT PROPERTY IS HIGHLIGHTED HERE.

IT CONSISTS OF THE CRAFT MASTERS BUILDING AS WELL AS OTHER OFFICE USES, LOCATED IN THE FORWARD PART OF THE BUILDING. THE CRAFT MASTER PRINT IS ESSENTIALLY A WAREHOUSE AND COMMERCIAL SUPPORT USE.

SO THE PROPOSAL IS TO CREATE 25 POTENTIALLY CONDO TOWNHOUSE STYLE UNITS IN THE REAR OF THE PROPERTY, FRONTING ALONG THE RETENTION POND. THE PROPOSED ACCESS WOULD BE OFF OF THE EXISTING DRIVEWAY FOR CRAFT MASTER PRINTERS.

AND THEY WOULD COME THROUGH THE BACK HERE AND ACCESS THE BACK OF THE PROPERTY THAT WAY. THE MULTIPLE UNIT DEVELOPMENTS ARE CONDITIONAL IN CDD, WHICH IS WHY THIS REQUEST IS BEFORE YOU TONIGHT. THERE ARE OTHER USES THAT ARE PERMITTED BY RIGHT THAT ARE COMMERCIAL USES AND OFFICE USES THAT ARE PERMITTED BY RIGHT. THE FUTURE LAND USE DESIGNATION FOR THE PROPERTY IS OFFICE PARK, WHICH CONTEMPLATES A MIXTURE OF COMMERCIAL AND OFFICE SPACES, OR USES.

AS SUCH, STAFF IS RECOMMENDING DENIAL OF THIS REQUEST.

AS IT'S NOT -- DOES NOT CONFORM TO THE COMPREHENSIVE PLAN.

I DID RECEIVE THREE -- CLOSER VIEW OF THE PROPOSED DEVELOPMENT. I DID RECEIVE THREE E-MAILS IN OPPOSITION TO THIS CONDITIONAL USE REQUEST.

AND THE AUTHORIZED REPRESENTATIVE IS HERE AND I AM

HAPPY TO ANSWER ANY QUESTIONS. >> GOOD TO SEE YOU AFTER A

YEAR. >> YES, SIR.

GOOD TO SEE YOU TOO. IN-PERSON.

YEAH. LOGAN HAS GOT A FEW SLIDES WE WANTED TO SHOW. DO I HAVE A CLICKERER?

>> YOU CAN GET ? >> YOU CAN GET ?

>> YOU CAN GET THAT. SO INCOMPATIBILITY SEEMS TO BE THE ISSUE HERE. WE JUST WANTED TO SHOW SOME OTHER EXAMPLES OF SIMILAR SITUATIONS IN TOWN WHERE THERE ARE RESIDENTIAL UNITS ADJACENT TO OTHER USES, HIGH INTENSITY USES AND IT HAS WORKED. THEY HAVE SOLD.

THEY'RE THRIVING RESIDENTIAL DEVELOPMENTS.

THIS FIRST ONE HERE IS ACROSS FROM THE AUBURN UNIVERSITY CREDIT UNION. YOU'VE GOT A DOLLAR GENERAL RIGHT THERE BESIDE IT. THIS JUST SHOWS THE LAND USES.

>> WHAT IS THE CROSS STREET? >> MONAHUE.

>> I THINK THERE IS PET PALACE OR SOMETHING THERE ACROSS THE STREET ALSO. HERE ARE PHOTOS OF THOSE TOWN HOMES RIGHT ON UNIVERSITY. .

YOU CAN SEE ALL OF THOSE HAVE CONTRACTS ON THEM.

RIGHT THERE ON THE ROAD, WITH THE ROAD NOISE AND LIGHTS.

IN THE RIGHT HAND PHOTO, YOU CAN SEE DOLLAR GENERAL TO THE

[00:25:03]

I'M SURE ALL OF YOU ARE FAMILIAR WITH THAT, WHERE YOU'VE GOT RESIDENTIAL ACTUALLY ON THE SECOND FLOOR OF RETAIL, RESTAURANTS THAT ARE OPEN LATE AT NIGHT.

HAVE A LOT OF DELIVERIES. OVER ON THE RIGHT-HAND SIDE OF THE PHOTO, YOU SEE RESIDENTIAL UNITS LITERALLY 15 FEET FROM A RETAIL USE. IN THE RIGHT HAND PHOTO, YOU CAN SEE FROM THE ROAD MIKE'S MERCHANDISE AND THOSE TOWN HOMES. THIS IS GATEWOOD PLAZA.

OR GATEWOOD TOWN HOMES, THAT YOU SEE UNDER CONSTRUCTION IN THE PHOTO. THIS ONE IS VERY SIMILAR TO WHAT WE'RE PROPOSING. YOU'VE GOT THE OFFICE USE AROUND IT. YOU'VE GOT COMMERCIAL USES.

RETAIL RIGHT THERE BESIDE THE TOWN HOMES.

THEY'RE ALL VISIBLE FROM THE TOWN HOMES.

THE LEFT PHOTO IS TAKEN FROM AN OFFICE AREA.

YOU CAN SEE THE TOWN HOMES IN THE BACKGROUND.

THE RIGHT PHOTO IS THE BACK, UNDER CONSTRUCTION, THE BACK OF A RETAIL BUILDING RIGHT THERE BY THE TOWN HOME.

SOME MORE PHOTOS TAKEN FROM THE OFFICE TOWARDS THE TOWN HOME.

AND THEN THAT IS TAKEN FROM GATEWOOD PLAZA, LOOKING BACK INTO THE TOWN HOMES. THIS IS THE SUBJECT SITE, THE VICINITY OF THE SUBJECT SITE. YOU SEE THE POND RIGHT THERE IN THE MIDDLE SURROUNDED BY OF COURSE, DEAN ROAD IS ACCESSIBLE OFFICE DEVELOPMENT. THE OFFICE IS IN YELLOW.

YOU'VE GOT TWIN FORKS TOWN HOMES, THAT ARE RIGHT THERE BASICALLY IN THE OFFICE DEVELOPMENT.

WITH OFFICE DIRECTLY THE STREET FROM IT.

AND THE LOWER TOWN HOME SECTION IS WHERE WE'RE PROPOSING THE TOWN HOMES. I DON'T KNOW IF Y'ALL WILL GET A CHANCE TO GO TO THESE SITES WHEN YOU SEE THEM ON THE AGENDA. I DON'T KNOW HOW MANY OF YOU HAVE BEEN ABLE TO GO RIDE BACK THERE.

BUT IT'S VERY SECLUDED. NO RESTAURANTS AROUND, NO BIG TRUCKS AND DELIVERIES, NO PARKING LOT LIGHTS AND SO FORTH. AS A MATTER OF FACT, IF YOU GO OUT THERE AT NIGHT, ALL YOU HEAR IS CRICKETS AND BULL FROGS. IT'S SO DARK, YOU CAN'T EVEN TAKE PHOTOS. IT'S A VERY PRIVATE AND SECLUDED SECLUDED AREA THAT WE THINK WOULD MAKE GREAT HOME SITES.

THIS IS JUST SOME PHOTOS OF TWIN FORKS.

YOU CAN SEE IN THE RIGHT HAND PHOTO, THE OFFICE BUILDING ON THE LEFT AND THE TOWN HOMES ON THE RIGHT.

SAME THING THERE, OFFICE ON THE LEFT, TOWN HOMES RIGHT ACROSS THE STREET. AND THEN THIS IS FROM BEHIND CRAFT MASTER, LOOKING OUT AT THE SITE THAT WE'RE PROPOSING.

SO WE JUST WANTED TO KIND OF SHOW YOU SOME OTHER EXAMPLES OF WHERE TOWN HOMES AND RESIDENTIAL USES HAVE WORKED IN TOWN, ADJACENT TO BUSY AREAS. AND I BELIEVE THIS ONE IS IN CONTRAST, IT IS MUCH MORE QUIET AND SECLUDED THAN SOME OF THOSE OTHER AREAS. THE DEVELOPER IS HERE TONIGHT.

I THINK HE WANTS TO SPEAK. WOULD YOU LIKE HIM TO COME UP NOW OR WAIT UNTIL THE PUBLIC HEARING?

>> I THINK WE'RE OKAY RIGHT NOW.

WE WILL HAVE A PUBLIC HEARING AND THEN GO FROM HERE.

>> HAVE HIM COME UP NOW? >> I WANT TO HAVE A PUBLIC

HEARING FIRST. >> I WILL BE GLAD TO ANSWER ANY

OTHER QUESTIONS ANYBODY HAS. >> OKAY.

THIS REQUIRES A PUBLIC HEARING. SO AT THIS TIME IF YOU WOULD LIKE TO COME FORWARD AND SPEAK, PLEASE DO.

I ASK IF AFTER YOU'RE DONE, SIGN UP OVER HERE ON THE SIDE, THERE IS A COUPLE OF BOARDS OVER THERE WITH PAPERS ON IT.

IF YOU CAN SIGN YOUR NAME ON IT AND ADDRESS.

IF YOU GIVE YOUR NAME AND ADDRESS.

>> I WILL BE HAPPY TO. I'M SCOTT STRAYBERRY,OR ORTHODONTIST. I HAVE OWNED A LOT ACROSS THE

[00:30:01]

ALTH NIGHT, IT'S QUITE A BUSY COMMERCIAL DISTRICT DURING THE DAY.

THREE LANES OF TRAFFIC THERE ON NORTH DEAN ROAD.

WHEN I PURCHASED THAT LOT, I AM SURE THAT IT WAS TOLD ME THIS IS A COMMERCIAL DISTRICT. IT WAS TOLD ME THAT WE WANT TO MAKE THIS A NICE COMMERCIAL DISTRICT, A NICE AREA.

AT THE TIME I STILL HAVE A PICTURE OF IT, THERE WAS HARDLY ANYBODY ON THAT STREET. BEING A RECENT GRADUATE OF UAB, I WAS VERY NERVOUS. YOU KNOW, BUYING THAT LOT.

I RENTED SPACE FOR ABOUT FOUR OR FIVE YEARS IN AN OPHTHALMOLOGY BUILDING HERE IN AUBURN, WHILE I GOT MY PATIENT BASE GOING. AND FINALLY, DECIDED TO TAKE THE STEP TO BUILD. WHEN I BUILT, SINCE I HAD BEEN IN AN OPHTHALMOLOGY BUILDING, WITH NO WINDOWS, BECAUSE THE EYE DOCTORS LIKE TO KEEP THINGS DARK, I TOLD OUR ARCHITECT, PLEASE HAVE A LOT OF WINDOWS, I'VE GOT TO HAVE SOME SUN LIGHT. I HAD BEEN FIVE YEARS WORKING IN THE DARK. I DIDN'T KNOW IF IT WAS SUNSHINING OR THUNDERSTORMS. THERE ARE 15 WINDOWS ALONG THE BACK OF MY PRACTICE. SOME OF Y'ALL HAVE BEEN THERE.

THROUGHOUT MOST OF MY DAY, I'M IN THE BACK CLINIC AREA.

MYSELF AND A LOT OF MY STAFF AND MY PATIENTS.

WE OVERLOOK THAT POND. SO IT WAS REALLY JUST MONDAY WHEN I FIRST SAW, OR OPENED THAT CERTIFIED LETTER AND I KNEW ANYTHING ABOUT THERE WAS GOING TO BE PROPOSED 25 TOWNHOUSES BUILT IN THAT AREA RIGHT ACROSS THE POND.

SO BETWEEN PATIENTS THE LAST FEW DAYS, I'VE GOT FOUR KIDS, TRYING TO READ SOME ON ZONING AND ALL, IT'S COMPLICATED.

I CAN'T REMEMBER WHAT IT'S ZONED.

CDD, I BELIEVE. WHICH I DID FIND IN A LOCAL NEWSPAPER THAT IT WAS SAID BY CITY OFFICIAL, AS I WAS TRYING TO FIGURE OUT CDD, THIS IS CLOSE TO A COMMERCIAL ZONE AS AUBURN HAS GOT IT SEEMS, CORRECT ME IF I'M WRONG.

WE DON'T REALLY HAVE A COMMERCIAL DISTRICT.

WHICH I CAN UNDERSTAND BEING A CITY, WE NEED TO HAVE FLEXIBILITY, WE'RE NOT MANHATTAN, I GUESS, WHERE YOU HAVE A SET COMMERCIAL ZONE. BUT THAT WAS A COMMERCIAL AREA WHEN I PURCHASED MY LOT. TWO YEARS AGO, HAVING BUILT THERE ABOUT '04 OR '05, I MADE THE DECISION TO RENOVATE THE ENTIRE EXTERIOR OF MY BUILDING, THE ENTIRE INTERIOR, BECAUSE I FELT SO GREAT ABOUT THE AREA THAT I AM IN.

IT'S TURNED IN FROM, I CAN STILL SEE IT LIKE IT WAS YESTERDAY, I'VE GOT A PICTURE SOMEWHERE IN MY HOUSE, WHEN THERE WAS JUST, I DON'T KNOW, JUST A FEW OFFICES.

NOW IT'S GRASS. SO I BUILT THERE.

I FELT LIKE IT WAS A BIG GAMBLE.

I WILL BE HONEST, I DIDN'T KNOW WHAT I WAS DOING.

I JUST BOUGHT THAT BUILDING. AND THEN ALL OF THESE OTHER DENTISTS AND DOCTOR'S OFFICES START SETTING UP ON NORTH DEAN ROAD. I THINK IT'S TURNED INTO A NICE AREA. AND SO I HAVE REAL CONCERNS ABOUT IF THIS PASSES, IT'S GOING TO DECREASE MY PROPERTY VALUE AND MY NEIGHBORS'S PROPERTY VALUE.

OVER TIME, THIS DEVELOPMENT, I DON'T KNOW IF YOU CAN TELL ON THE MAP OR IF ANY OF Y'ALL, THE WAY YOU GET TO IT, YOU TURN IN AT CRAFT MASTERS PRINTER, YOU ACTUALLY DRIVE INTO THEIR BUSINESS DRIVE, AND THEN YOU GO THROUGH THEIR PARKING LOT, NEXT TO WHAT WAS DESCRIBED AS A WAREHOUSE AND THEN YOU END UP IN THIS PROPOSED DEVELOPMENT. THAT IS NOT A GOOD ACCESS.

FOR SOMETHING TO WORK, YOU REALLY DON'T WANT TO START OUT GOING THROUGH SOMEBODY'S PARKING LOT.

BECAUSE IT BEING SET AS COMMERCIAL INITIALLY, THAT WAS THE IDEA, BECAUSE OF THE POOR ACCESS, I HAVE REAL CONCERNS IN 2030, TEN YEARS, HOW THE BACK OF THOSE 15 TOWNHOUSES ARE GOING TO LOOK, AS I LOOK OUT, YOU KNOW, OVER MY POND.

I'VE HAD THE JOY, JUST THIS WEEK, MY SON IS IN PREDENTISTRY AT AUBURN UNIVERSITY, HE IS GOING TO BE A JUNIOR.

HE MAY WANT TO DO WHAT I DO. I DON'T KNOW.

HE IS WORKING WITH ME. HE SEEMS TO REALLY LIKE IT.

HE LOVES AUBURN. .

HE MAY WANT TO COME BACK. IT'S JUST AN EXTRA APPEAL THAT THIS HAS BEEN A HUGE INVESTMENT FOR MYSELF AND TO YOU KNOW, GET THE PRACTICE STARTED. AND I WANT TO APPEAL TO YOUR

[00:35:07]

I KNOW THEY'RE GOING TO MAKE THAT SAME APPEAL.

BUT I WILL JUST CLOSE, I THOUGHT THROUGH THIS WHAT I WAS GOING TO SAY REALLY TODAY, ONE REASON WE LOVE LIVING IN AUBURN IS THINGS REALLY MAKE SENSE HERE TO ME.

MOST OF THE TIME. AND I APPRECIATE THAT.

I THINK PEOPLE IN AUBURN HAVE THE ABILITY TO TRY TO DO WHAT IS BEST 10, 20, AND 30 YEARS DOWN THE ROAD.

EVER SINCE I LIVED IN TOWN, WE'VE HAD THESE LONG RANGE PLANS. SO I JUST MAKE THE APPEAL THAT YOU WOULD CONSIDER IN 20 AND 30 YEARS, HOW THIS COMPLEX WILL LOOK ON THE OTHER SIDE OF THAT POND, WHEN WE ALREADY HAVE HAD SUCH A SUCCESSFUL COMMERCIAL PROFESSIONAL AREA.

THANK YOU. >> THANK YOU.

SIGN IN, PLEASE. ANYBODY ELSE?

COME ON UP. >> YOU SAID YOU WANTED HISTORY?

>> NAME AND ADDRESS. >> JEFF CLARY, I LIVE ON

WINDWAY ROAD FOR 40 YEARS. >> SOUNDS LIKE GREAT HISTORY.

>> WORKED FOR AUBURN UNIVERSITY FOR 30 YEARS.

I'VE BEEN SELLING REAL ESTATE FOR 20 YEARS.

I AM THE LISTING AGENT ON THAT LOT.

THAT LOT DOES NOT HAVE DEAN ROAD FRONTAGE, WHICH FOR A RETAIL, A NICE BUSINESS, A DRUGSTORE, ANY KIND OF BUSINESS THAT WANTS WALK-IN TRAFFIC, IT DOESN'T HAVE IT.

SO THERE IS NOT A LOT OF USES FOR THAT PIECE OF PROPERTY.

WE'VE HAD IT LISTED FOR QUITE A WHILE.

AND THEY DIDN'T MENTION IT, BUT THEY'RE GOING TO MARK MARKET IT TO NONSTUDENTS. IT'S NOT GOING TO BE A FRATERNITY ROW SATURDAY NIGHT PLACE.

THERE IS NOT A WHOLE LOT OF RENTAL OUT THERE IN THE TOWNHOUSE AND CONDO AREAS FOR NON-STUDENTS IN AUBURN.

AND NOT TO MENTION THE TAX INCENTIVE IT WOULD BE FOR THE CITY OF AUBURN. THAT IS IT.

DO YOU HAVE ANY QUESTIONS? >> CAN I ASK YOU FOR SOME MORE HISTORY? THEN HOW DID THIS PROBLEM GET CREATED? HOW DID THIS LARGE PARCEL GET LAND LOCKED BEHIND A WAREHOUSE? SFWLCHLT

>> I'M GOING TO TAKE A SHOT AND SAY WHEN CRAFT MASTERS WAS BUILT ON THAT LARGE LOT, THE LAY OF IT, WHERE THEY PUT THE BUILDING, THE BACK IS THEIR EQUIPMENT AND MACHINERY, DOWN LIKE A LOWER FLOOR, THE EASY WAY TO GET IN THERE WAS THE WAY THEY'RE USING THROUGH THE DRIVEWAY.

IF YOU GO TO THE RIGHT, TO GO AROUND THE RIGHT SIDE, IT'S JUST NOT VERY, IT'S NOT DOABLE. I MEAN, WITH ENOUGH MONEY AND ENOUGH MOVING DIRT, YOU COULD DO IT THAT WAY.

BUT IT WORKED OUT OVER THE YEARS.

>> SO THE PROPERTY IS CURRENTLY OWNED BY CRAFT MASTER AND YOUR CLIENT IS PROPOSING TO BUY IT, IS THAT WHAT IT IS?

>> IT'S OWNED BY A GROUP CALLED SWAN INVESTMENTS.

THERE ARE EIGHT PEOPLE. >> I GUESS I'M JUST CONCERNED THAT IT'S NOT THE PUBLIC'S RESPONSIBILITY TO SOLVE A PROBLEM THAT WASN'T CREATED BY THE PUBLIC.

>> WE DIDN'T SAY IT WAS A PROBLEM.

>> WELL. >> WE JUST SAID IT DIDN'T HAVE

ROAD FRONTAGE. >> THE FACT IS IT'S LAND

LOCKED. >> THE PROPERTY IS NOT LAND

LOCKED. >> THE PROPERTY IS NOT, BUT THE DEVELOPMENT WILL BE OTHER THAN ACCESS THROUGH THE COMMERCIAL

>> LET'S HAVE THIS DISCUSSION AFTER PUBLIC HEARING.

>> ALL RIGHT. >> THANK YOU.

>> ANYMORE QUESTIONS? >> THANK YOU VERY MUCH.

>> ANYBODY ELSE LIKE TO SPEAK? COME ON.

PLEASE SIGN IN IF YOU DON'T MIND.

THERE IS A CHART OVER THERE. >> MY NAME IS JOHN HUTTON, I AM A PERIODONTIST ON NORTH DEAN. MY OFFICE IS IN THE SHADOW OF

DR. SLAYBERRY. >> CAN YOU ADDRESS THE

COMMISSION PLEASE? >> I FORGOT HIS NAME.

I WAS POINTING HIM OUT. I THINK FOR MANY OF THE REASONS THAT HE INDICATED THAT THAT IS A DESIRABLE PIECE OF PROPERTY

[00:40:02]

MOST MEDICAL OFFICES DON'T RELY ON A LOT OF FOOT TRAFFIC.

SOME OF THE OTHER EXAMPLES POINTED OUT EARLIER, THOSE ARE NEAR RETAIL AREAS THAT RELY A LOT MORE ON FOOT TRAFFIC.

I THINK THAT IS A CONSIDERATION.

YOU KNOW, THAT IS A CERTAINLY A NICE PIECE OF PROPERTY.

MY OFFICE TOO LOOKS OVER THE LAKE AND OVER THE LAST I GUESS SIX TO 12 MONTHS, NOT SURE WHEN IT WAS, THAT PROPERTY GOT ALL OF THE WOODS, THE TREES GOT TAKEN DOWN AND IT WAS KIND OF FLAT. WE DIDN'T KNOW WHAT WAS GOING ON WITH THAT. IT'S PARTICULARLY PERFECT AREA FOR FURTHER MEDICAL OFFICES, DENTAL OFFICES, HEALTH CARE, THINGS THAT DON'T REQUIRE A LOT OF TRAFFIC.

THIS IS GOING TO, AS HAS BEEN POINTED OUT, THE ACCESS TO THIS GOES THROUGH THAT BUSINESS. THAT IS A DRIVEWAY ESSENTIALLY.

THAT KIND OF TRAFFIC SPILLING OUT ON TO DEAN ROAD, THERE IS CONSIDERABLE TRAFFIC ON THAT ROAD.

THIS IS GOING TO DO NOTHING BUT ESCALATE THAT.

I'M NOT GOING TO GO AND RESTATE EVERYTHING THEY'VE SAID.

BUT I THINK THAT THERE IS A LOT OF TRUTH THAT THAT IS A DESIRABLE PIECE OF PROPERTY FOR ANYBODY, IT IS QUIET, NICE.

I THINK MOST OF THE TIME WHEN PEOPLE ARE COMING FOR HEALTH CARE, THEY WANT AN SERENE SETTING.

GOING TO THE DENTIST, CREATES A LOT OF ANXIETY TO START WITH, TO SAY THE LEAST. SO THAT IS A CONSIDERATION.

THIS IS A PARK THAT IS KIND OF MORE STIPULATED FOR HEALTH CARE. ONE OF THE REASONS I WENT THERE IN 2004. AND PLAN ON STAYING THERE.

THANK YOU. >> THANKS.

PLEASE SIGN IN. THANK YOU.

ANYBODY ELSE? >> I'M WILL KING.

>> YOUR ADDRESS TOO, I FORGOT TO ASK THE GENTLEMAN.

>> NAME AND ADDRESS. >> 754 NORTH DEAN.

ACROSS THE STREET FROM SPRAYBERRY AND NEXT TO EVERYBODY ELSE. I BOUGHT THAT LOT AND THE LOT THAT I BUILT ON IN 2006, AS BASICALLY A MEDICAL OFFICE PARK. THAT IS ESSENTIALLY WHAT WE SIGNED UP FOR. IT'S KIND OF WHAT I THINK ALL OF US WOULD LIKE IT TO STAY AS. ONE OF THE EXAMPLES THAT THEY PUT UP THERE, TWIN FORKS WENT IN SORT OF AGAINST EVERYBODY THAT IS HERE ON THAT STREET'S OPINION, IN FACT, Y'ALL, ACTUALLY, NOT THE SAME GROUP OF PEOPLE, TOLD THE CITY COUNCIL THAT YOU DIDN'T APPROVE OF THAT GOING IN EITHER.

WHEN YOU SIGN UP FOR AN OFFICE PARK, IT SHOULD STAY AN OFFICE PARK. THAT IS ALL I KNOW.

>> ALL RIGHT. >> I'M ALLEN THAMES, 719 NORTH DEAN ROAD. I'M ADJACENT TO THE CRAFT MASTERS, JUST TO THE RIGHT. I BOUGHT THAT LOT IN 2014, I BOUGHT THAT LOT, RENTING ANOTHER PLACE ON THE STREET.

IN 2016, OR 2015, WE BUILT THAT BUILDING AND MOVED IN 2016.

AND THE REASON WE'RE ON THAT STREET IS BECAUSE IT'S A MEDICAL PARK. THAT IS WHERE WE WANT TO BE.

THAT IS WHERE, I'VE BEEN THERE ON THAT STREET FOR 15 YEARS NOW. AND THAT BUILDING FOR FIVE YEARS. I PLAN ON BEING THERE FOR THE FORESEEABLE FUTURE. I JUST DON'T FEEL LIKE THIS DEVELOPMENT IS IN KEEPING WITH THE ZONING ORDINANCES.

JUST LIKE LOGAN SAID, I MEAN, THAT IS WHY WE HAVE THESE ZONES. TO ME, YOU KNOW, WANT TO APPEAL TO OUR LAWS AND THAT IS WHY WE HAVE THESE LAWS, THAT IS WHY WE HAVE THESE ZONES, SO THAT YOU KNOW, SOME PEOPLE WANT TO CONTEST THOSE AND SO MYSELF AND MY COLLEAGUES HAVE TO COME DOWN HERE AFTER WORK AND SAY HEY, WE NEED TO STAND UP FOR WHAT THESE ZONES, WHY WE HAVE THESE ZONES IN THE FIRST PLACE.

THIS IS A MEDICAL PARK, WE FEEL LIKE IT SHOULD STAY A MEDICAL PARK. WE DON'T FEEL LIKE APARTMENTS ARE IN KEEPING WITH THE REST OF THE SUBDIVISION.

I NOTICE THE THREE EXAMPLES THAT HE GAVE WHAT HE SAID WERE SUCCESSFUL AREAS, NONE OF THOSE WERE IN ANY MEDICAL PARKS.

I WOULD CONTEST THAT THOSE WERE NOT EXAMPLES THAT WOULD BE LIKENED TO THIS SAME AREA. ALSO, THEY'RE ASKING FOR THE

[00:45:03]

MY APPEAL IS JUST THAT YOU KNOW, UPHOLD OUR ZONING LAWS LIKE THEY ARE. I RECOMMEND WHAT LOGAN SAID, DENIAL OF THAT. I AM HERE TO EXPRESS THE

OBJECTION TO EVERYTHING. >> THANK YOU, SIR.

>> THANK YOU. >> HI, I'M TJ, FUQUA.

747 NORTH DEAN. TWO DOORS DOWN FROM DR. ST STRAYBERRY, WE'RE ALL IN AGREEMENT THAT WE DON'T FEEL LIKE THIS FITS THE INTENDED USE FOR THIS AREA.

IT'S A MEDICAL PARK. IT'S SOMETHING THAT WHEN WE ALL BOUGHT IN WE THOUGHT WAS GOING TO STAY THAT WAY.

THAT IS BEING ATTEMPTED TO CHANGE.

I KNOW THAT THESE ARE, MARKETED TO FAMILIES, I WOULD THINK, STARTER FAMILIES AND THAT SORT OF THING.

BUT I'M NOT SURE THAT YOU CAN POLICE THAT.

YOU CAN MARKET IT HOWEVER YOU WANT TO, BUT IF THERE ARE 25 OF THEM AND ONLY FIVE OF THEM SELL TO FAMILIES, I'M PRETTY SURE THE OTHER 20 IF STUDENTS WANT THEM WILL BE IN THEM.

I ECHO THE SAME CONCERN ABOUT TRAFFIC.

IT GETS CRAZY IN THE MORNING, AROUND FIVE O'CLOCK.

AND I DON'T KNOW THAT ADDING THAT MANY RESIDENTS IS GOING TO HELP THAT PROBLEM A WHOLE LOT. ALSO, I ECHO WHAT DR. THAMES SAID, MY CONCERN IS IF THAT WHOLE AREA IS REZONED, WE COULD GO FROM 25 CONDOS TO 75 REALLY QUICK, IF CRAFT MASTERS IS BULLDOZED AND NOW THAT IS A WHOLE LOT OF TRAFFIC.

JUST WANTED TO EXPRESS MY VIEWS ON THAT.

THANK YOU FOR YOUR TIME. >> THANK YOU, SIR.

>> I'M AMY FISHER, WE ARE AT 986 DREW LANE, WHICH IS THE CUL-DE-SAC. WE'RE AROUND THE POND.

DIRECTLY ACROSS FROM WHERE THIS WOULD GO.

AND WE ALSO WOULD BE IN OPPOSITION TO THIS HAPPENING, FOR ALL OF THE REASONS THAT EVERYBODY SAID.

I DON'T NEED TO SAY THEM AGAIN. >> APPRECIATE THAT.

THANK YOU. >> I'M AN ORAL SURGEON, 747 NORTH DEAN, WHICH IS THREE LOTS DOWN FROM CRAFT MASTERS.

I GUESS I'M HERE TO EXPRESS MY OPPOSITION TO THIS PLAN AS BEING THE PLANNING COMMISSION, WE ALL HAD PLANS WHEN WE CAME INTO THIS MEDICAL PARK THAT WAS ZONED AS COMMERCIAL, NOT RESIDENTIAL. WE WENT ON THAT PLAN, AS WE PLANNED OUR OWN BUILDINGS AND WE BELIEVE THAT THAT PLAN SHOULD HOLD AND THAT IT SHOULD NOT BE CHANGED.

THIS PROPOSITION OR PROPOSAL VIOLATES THE COMPREHENSIVE DEVELOPMENT PLAN FOR THE CITY OF AUBURN.

AND WE WOULD LIKE TO STAND BY THE EXISTING PLAN AND OPPOSE

ANY CHANGE TO IT. >> THANK YOU, SIR.

>> WAIT FOR JUST A SECOND IF YOU'RE A REPRESENTATIVE.

WELL, COME ON, SIR. THAT IS PROBABLY APPROPRIATE.

JUST GIVE US -- YOU GET FIVE MINUTES.

>> MY NAME IS TONY HYATT, 755 MOORSVILLE ROAD.

I WOULD LIKE TO ADDRESS SOME OF THE OPPOSITION AND POINT OUT SOME OF THE VISION THAT I HAD WITH THIS CONCEPT.

FIRST OF ALL, IT'S NOT A REZONE, THIS IS A CONDITIONAL USE FOR THE ZONING THAT EXISTS. THIS IS NOT A MEDICAL PARK.

AUBURN REPRINT IS NOT A MEDICAL.

CRAFT MASTERS IS NOT A MEDICAL. THIS IS A COMMERCIAL USE.

JEWELRY STORE OVER THERE. THEY'RE NOT MEDICAL.

>> OFFICE PARK. >> RIGHT. IT'S NOT A MEDICAL PARK, WHICH THEY CONTINUE TO SAY.

CENTRAL PARK HAS AN HOA. ANY CONCERNS ABOUT UPKEEP AND WHATNOT CAN BE CONTROLLED THROUGH THE HOA.

AND THAT CAN BE DISCUSSED AND WITH THIS PROPOSED USE AND POSSIBLE MAKE SOME ADDITIONAL REQUIREMENTS OF UPKEEP.

[00:50:03]

AUBURN HAD A PLAN. BUT DEMANDS AND NEEDS CHANGE.

AND COMPREHENSIVE PLANS HAVE TO CHANGE AS WELL.

THE WAY WE LIVE HAS CHANGED FOREVER.

THE WAY BUSINESSES CONDUCT THEIR ACTIVITIES EVERY DAY HAS CHANGED FOREVER DUE TO COVID. WHAT IS THE NEXT PANDEMIC? YOU CANNOT SIT HERE AND HOLD A HAMMER DOWN ON A DECISION THAT WAS MADE TEN YEARS AGO FOR 20 YEARS LATER.

THOSE HAVE TO BE CONSIDERED AND MODIFIED AND TWEAKED ACCORDINGLY. IF WE CONTINUE TO HOLD OUR FOOT DOWN, ON WHAT WAS SUPPOSED TO HAVE BEEN HERE, WE MAY END UP WITH A BUNCH OF ABANDONED PROPERTIES BECAUSE IT DON'T WORK ANYMORE. BUT MOVING FOR MY VISION ON THIS PROPERTY, IS THIS, WE HAVE A PROFESSIONAL OFFICE SPACE USE UP ON DEAN ROAD. NOTICE THEY DIDN'T BUY THIS PARTICULAR PROPERTY. IT WAS AVAILABLE.

THEY ALL BOUGHT UP ON DEAN ROAD BECAUSE THAT IS WHERE YOU WANT EXPOSURE TO CONDUCT YOUR BUSINESS.

I'M TRYING TO BRING THEM CUSTOMERS THAT CAN WALK TO THEIR DENTIST, WALK TO THE DRUGSTORE, WALK TO THE YOU KNOW, ORTHODONTIST OR WHATEVER. I'M NOT TRYING TO BRING COMPETITION, WHICH NOBODY NEEDS COMPETITION IN TODAY'S WORLD TO STAY IN BUSINESS. MY CONCEPT THAT I'M CONSIDERING TO PROPOSE AGAIN IS A CENTRAL CONDOMINIUM PARK.

THIS COULD BE YOU KNOW, LIKE THEY SAID, IT'S NICE AND QUAINT UP THERE. IT'S NOT LIKE WHAT HAS BEEN APPROVED PREVIOUSLY UP ON THE ROAD.

NOT VERY APPEALING ON THE CURB. THIS IS OUT OF THE WAY, OUT OF SIGHT AND IT ADJOINS MULTIFAMILY ON THE OTHER SIDE OF IT. THIS CONCEPT IS DESIRABLE FOR THEIR EMPLOYEES. THEY COULD WALK TO WORK.

THEY COULD WALK HOME FOR LUNCH. THIS IS THE VISION THAT I HAVE.

I UNDERSTAND THEY CONTINUE TO TALK ABOUT THE ACCESS TO GET BACK THERE, BUT WHAT IF I WERE TO GO BACK THERE AND BUILD CONTRACTOR STORAGE WAREHOUSING, THEY'RE STILL GOING TO HAVE TO COME BY THE SAME ACCESS. I DON'T THINK THAT THIS IS A PROBLEM. THIS COULD BECOME MORE OF A NUISANCE TO THEM WITH THE WRONG DEVELOPMENT THAT IS ALLOWED WITHOUT COMING IN FRONT OF YOU GUYS.

THEY NEED TO CONSIDER THAT. I'M TALKING ABOUT PUTTING IN 25 MORE OWNERS TO PARTICIPATE IN HOA FEES TO HELP MAINTAIN THAT LAKE. HELP MAINTAIN THE COMMON AREAS.

IT WOULD BE MORE OF AN ASSET THAN WHAT THEY'RE OKAY WITH.

WE COULD GO BACK THERE AND BUILD OFFICE SPACE WITH WAREHOUSE STORAGE WITH CONTRACTORS, TOOLS SCATTERED AROUND, COMING UP AND OUT OF THAT SAME ACCESS ALL DAY LONG.

YOU KNOW, THEY DON'T WANT TO LOOK AT THAT.

I WOULDN'T. WHAT I AM PROPOSING WOULD BE AN ASSET TO THEM. MORE WAYS THAN ONE.

PROPERTY VALUE, CUSTOMER BASE AND CONCEPT.

THEIR EMPLOYEES COULD WALK, NOT HAVE TO PAY THESE HIGH GAS PRICES, WEAR AND TEAR ON CARS. LESS TRAFFIC THAT WE'RE GOING TO CONTINUE TO HAVE AROUND HERE.

THEY COULD BE HOME IN TWO MINUTES.

THERE IS OTHER CONSIDERATIONS FOR THIS PROJECT THAN WHAT IS BEING -- I HOPE I'M BRINGING SOME POINTERS OUT FOR THEM TO CONSIDER. BECAUSE IT COULD BE A LOT WORSE. AND I'M UP FOR A ROUND TABLE DISCUSSION TO WORK TOGETHER. THIS IS MY INVESTMENT AS WELL.

I'M WILLING TO PUT MY LIFE ON THE LINE FOR IT.

I BELIEVE IN IT. AND THE ACCESSIBILITY, THERE IS SOME OPTIONS THERE AS WELL. I DON'T KNOW HOW TO WORK THIS CLICKER. YOU KNOW, YOU'RE GOING TO HAVE TO COME OFF THAT ACCESS. NO MATTER WHAT GOES BACK THERE, GOING TO HAVE TO DO IT. AS YOU COME DOWN, I DON'T KNOW HOW TO DO THIS THING, BUT THERE IS A WAY, AS THAT ENTRANCE COMES AND ANGLES, WE COULD POSSIBLY GO TO THE SELLERS AND NEGOTIATE A DEAL TO WHERE THE FAR LEFT ACCESS WOULD COME AND TIE IN UP RIGHT THERE. AND CURB UP WHERE YOU CANNOT COME RIGHT BESIDE THAT BUILDING.

MY GOAL AND VISION WAS TO DO THAT INITIALLY AND COME AND SWING IN IN THE ENTRANCE, COMING RIGHT BETWEEN THOSE TWO BIG MAGNOLIA TREES. THEY'RE GOING TO STAY.

THAT WOULD BE THE ENTRANCE AS THEY COME INTO THEIR COMMUNITY,

[00:55:02]

BUT 25 IS IT. THAT WILL BE THEIR OWN LITTLE PRIVATE QUAINT SETTING, TO WALK TO WORK, COME HOME, A LOT OF COMMON AREA RIGHT THERE ON THE POND.

DRAG YOU KNOW, A CHAIR OUT THERE AND GO SIT AND ENJOY, WATCH THE SUN GO DOWN OR WHATEVER.

MORE THINGS TO CONSIDER THAN WITH THEM THINKING IT'S GOING TO BE A NUISANCE. THEIR CONCERNS IS RIGHT.

AND THEY SHOULD BE CONCERNED. BUT THEY NEED TO BE CONCERNED WHAT COULD GO THERE OTHER THAN THIS.

AND I'M OPEN FOR ANY QUESTIONS NOW OR COME BACK LATER.

>> THIS IS A PUBLIC HEARING. TELL US WHAT YOU THINK AND

WE'RE LISTENING TO YOU. >> I GOT YOU.

>> YOUR TIME IS ABOUT UP, THOUGH.

>> YES, SIR. THE ONLY THING I CAN SAY IS I'M NOT ASKING FOR ANY VARIANCES, NOT ASKING FOR ANY ARCHITECTURAL FACADE CONSIDERATIONS.

I'M WILLING TO WORK WITH THE CITY.

WORK WITH THE SURROUNDING PROPERTY OWNERS TO MAKE THIS A SUCCESS FOR EVERYBODY. AND THE CITY AS WELL.

SO I HOPE THAT THERE CAN BE SOME CONSIDERATION FOR IT.

>> THANK YOU. CAN YOU SIGN IN, PLEASE.

ANYBODY ELSE? ALL RIGHT.

SEEING NONE, I WILL CLOSE THE PUBLIC HEARING.

LET'S GET A MOTION ON THE TABLE BEFORE WE HAVE ANY KIND OF

DISCUSSION. >> MR. CHAIRMAN, THE CONVERSATIONS WE'VE HAD BEFORE ABOUT HOW TO MAKE THESE MOTIONS, I KNOW HOW TO MAKE THE MOTION I LIKE TO MAKE.

I THINK IT WOULD BE APPROPRIATE.

I DON'T THINK IT'S AGAINST ROBERT'S RULES OF ORDER.

BUT I DON'T WANT TO GO AGAINST YOUR REQUEST TODAY.

BUT UNDER DISCUSSION, I DON'T THINK THIS OUGHT TO BE APPROVED BECAUSE IT IS CONTRARY TO OUR COMPREHENSIVE LAND USE PLAN.

>> DO YOU HAVE A MOTION AND THEN WE CAN DISCUSS?

>> WELL, I AM IN A LITTLE BIT OF A TIGHT.

IF SOMEBODY ELSE KNOWS BETTER HOW --

>> I MOVE TO APPROVE. >> I SECOND.

>> OKAY. WE HAVE A MOTION AND A SECOND TO APPROVE THIS RECOMMENDATION OF CITY COUNCIL.

>> NOW LET'S HAVE THAT DISCUSSION.

>> I'M NOT GOING TO VOTE IN FAVOR OF THE MOTION BECAUSE I THINK IT'S IN CONFLICT WITH THE COMPREHENSIVE LAND USE PLAN.

BUT THAT IS MY PRIVILEGE AND MY CHOICE.

AND I DON'T MEAN TO INFLUENCE ANYBODY ELSE.

BUT IT'S A LITTLE CONVOLUTED TO MAKE A MOTION ONE WAY AND I APPRECIATE YOU MAKING IT. AND HOPEFULLY WE CAN GET A LITTLE WORK SESSION OR SOMETHING, MAYBE RESOLVE THIS

ISSUE. >> WE WILL.

>> A LITTLE BETTER. BECAUSE IT'S CONVOLUTED.

>> THE DEVELOPER MADE ONE COMMENT THAT I DO AGREE WITH, AND THAT IS PLANS DO CHANGE. WE ARE ON SCHEDULE TO WHEN ARE

WE SCHEDULED NOW? >> EVERY FIVE YEARS.

>> WHEN IS THE NEXT? >> THIS YEAR.

WE ARE NOT LOCKED INTO A PLAN FOR ETERNITY.

WE DO MAKE OUR CHANGES BASED ON THE CHANGES THAT ARE TAKING PLACE THROUGHOUT THE COMMUNITY. SO THE FACT THAT IT IS, YOU KNOW, WITHOUT ANY FURTHER STUDY, I WOULD BE HESITANT TO VOTE FOR IT IN THE FACT THAT IT DOES NOT MEET OUR LAND USE PLAN. AND IT IS A RATHER ABRUPT INSERT INTO A SITUATION THAT IS COMPLICATED.

>> ANY FURTHER DISCUSSION? >> MR. CHAIRMAN, I JUST KNOW THIS IS LAST SECOND, BUT I'M GOING TO RECUSE MYSELF FROM THIS MATTER. I'M GOING TO ABSTAIN FROM VOTING. JUST LETTING YOU KNOW THAT.

FOR THE RECORD. >> ALL RIGHT.

SO SINCE THERE IS NO FURTHER DISCUSSION, LET'S HAVE A ROLL CALL VOTE, PLEASE. THE MOTION IS TO APPROVE THE RECOMMENDATION TO THE CITY COUNCIL FOR THE CONDITIONAL USE APPROVAL OF THIS PERFORMANCE RESIDENTIAL DEVELOPMENT.

>> ROLL CALL. >> MOTION FAILS TO PASS.

LET'S GO ON TO ITEM NUMBER 11. GRADUATE AUBURN PL 2020-00223.

[11. Graduate Auburn PL-2020-00223]

[01:00:13]

>> YES, SIR. THIS IS, AS YOU STATED, BACK IN MAY OF 2020, THE PLANNING COMMISSION RECOMMENDED APPROVAL FOR A CONDITIONAL USE APPLICATION OF A HOTEL.

KNOWN AS THE GRADUATE HOTEL. LOCATED AT -- I DON'T KNOW IF I HAVE AN ADDRESS HERE. 202 WEST MAGNOLIA.

. IT WAS SUBSEQUENTLY APPROVED BY CITY COUNCIL AND THEIR APPROVAL WAS SET TO -- OR IS SET TO EXPIRE ON NOVEMBER 19TH OF 2021.

THE REASONS STATED FOR THE DELAY IN DESIGN AND CONSTRUCTION OF THE HOTEL HAS BEEN DUE TO COVID-19 PANDEMIC.

ESSENTIALLY NOT BEING AN OPPORTUNE TIME TO CONSTRUCT A HOTEL DOWNTOWN. THEY'RE REQUESTING A SIX-MONTH EXTENSION. STAFF RECOMMENDS APPROVAL OF THIS EXTENSION. IF YOU CHOOSE TO APPROVE IT, IT WILL GO ON TO CITY COUNCIL FOR AFFIRMATION.

THE PROJECT ENGINEER IS AVAILABLE IF YOU HAVE ANY

QUESTIONS. >> OKAY.

THIS DOESN'T REQUIRE PUBLIC HEARING.

SO IS THERE A MOTION? >> MOVE TO APPROVE PL

2021-0023. >> I HAVE A MOTION AND A SECOND. ANY DISCUSSION? OKAY. ALL THOSE IN FAVOR, SAY AYE.

ALL THOSE OPPOSED SAY NO. MOTION CARRIES.

THAT BRINGS US TO THE END OF OUR MEETING.

IS THERE ANYTHING FROM STAFF? >> NO, SIR.

BUT I WILL LET YOU GUYS KNOW WHEN WE DO GET A MEETING TOGETHER WHERE WE CAN DISCUSS THE ROBERTS RULES.

>> ALL RIGHT. THE MEETING

* This transcript was compiled from uncorrected Closed Captioning.