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[ROLL CALL]

[00:00:10]

>> GOOD EVENING, LADIES AND GENTLEMEN. WELCOME TO THE OCTOBER 14 PLANNING COMMISSION MEETING. AT THIS TIME, IF YOU COULD DO A ROLL CALL PLEASE.

>> BIRMINGHAM >> HERE

>> CHANSLER >> HERE

>> LAZENBY >> HERE

>> MARSHALL >> HERE

>> REESE >> HERE

>> BEFORE WE GET STARTED ESPECIALLY SINCE THERE SUCH A LARGE GROUP HERE TONIGHT I WOULD LIKE TO GO OVER THE BASIC PROCESS THAT WE ARE GOING TO FOLLOW TONIGHT.

THE COMMISSION WILL BE PRESENTED WITH AN AGENDA ITEM BY THE PLANNING STAFF AND THEN AFTER THEY PRESENT A REPRESENTATIVE WILL HAVE AN OPPORTUNITY TO MAKE ANY KIND OF COMMENTS THEY MIGHT WANT TO MAKE. A REPRESENTATIVE OF THE PROJECT AT HAND. AFTER THAT, I WILL OPEN A PUBLIC HEARING IF IT'S APPROPRIATE. SOME OF THESE ITEMS REQUIRE PUBLIC HEARING, SOME DO NOT.

THAT WILL BE YOUR TIME TO ADDRESS THE ITEM AT HAND. WE ASK THAT YOU KEEP YOUR TIME TO FIVE MINUTES WHEN YOU COME UP TO SPEAK AND PLEASE KEEP YOUR COMMENTS RELEVANT TO THE CASE AT HAND. AFTER EVERYONE HAS SPOKEN I WILL CLOSE PUBLIC HEARING AND THE RESIDENT THERE PRESENTED IF AVAILABLE AND THE STAFF WILL HAVE AN OPPORTUNITY TO ANSWER THE QUESTIONS AND RESPOND TO THE ISSUES THAT WERE BROUGHT UP DURING THE HEARING.

AFTER THAT, WE WILL HAVE OPEN IT UP THE FLOOR FOR THE COMMISSIONERS TO VOTE AND PROVIDE A MOTION AND WILL HAVE A DISCUSSION IF NECESSARY AND WILL HAVE THE VOTE.

THE COMMISSION IS GOING TO VOTE BASED ON THE STATE AND LOCAL LAWS.

THE CITY'S CONFERENCE OF PLAN 2030 AND THE GENERAL GOODOF THE COMMUNITY .

ADDITIONALLY, WE DO HAVE AN ADDITIONAL ROLE WHERE WE MAKE FINAL DECISIONS AND THAT HAS TO DO WITH SUBDIVISION PLATS. WE HAVE A NUMBER OF THOSE ON OUR AGENDA TONIGHT AND MY ALABAMA STATUTE OF MUNICIPAL PLANNING COMMISSION SUCH AS OURS IS A FINAL APPROVAL AUTHORITY FOR SUBDIVISION PLAT . WITH REGARD TO THOSE PLATS THE COMMISSION ACTS AS AN ADMISSION OF BODY IS BOUND BY LIMITATIONS THAT ARE CONTAINED IN STATE LAWS, THE CITY ZONING ORDINANCE AND THE SUBDIVISION REGULATIONS THAT HAVE BEEN ADOPTED BY THIS COMMISSION IN THE PAST. WHILE PUBLIC HEARINGS ARE REQUIRED ON MOST PLATS AND WE WELCOME ANY AND ALL COMMENTS AT THAT TIME PLEASE UNDERSTAND THAT THE COMMISSION'S AUTHORITY IS STRICTLY LIMITED TO CONFIRMING THAT THE PLAT MEETS OR EXCEEDS SPECIFIC REQUIREMENT THAT ARE CODIFIED IN LAWS AND REGULATIONS. AGAIN, ASK IF YOU TEND TO SPEAK AT ANY TIME THIS IS THE CLIP BOARD OVER HERE THAT PEOPLE CAN SIGN UP RIGHT HERE IN FRONT AS YOU COME UP TO THE PODIUM, PLEASE SIGN IN GIVE US YOUR NAME AND ADDRESS.

FINALLY, I WOULD LIKE TO MAKE THE POINT THAT THE PLANNING COMMISSION OTHER THAN THE SUBDIVISION PLATS THE PLANNING COMMISSION IS ONLY AN ADVISORY BODY FOR THE CITY COUNCIL.

SO WHATEVER MOTION WE MAKE AT THIS TIME AT THIS MEETING WILL BE FURTHER VOTED ON BY THE CITY COUNCIL AND THERE'S ANOTHER TIME TO DISCUSS THAT IF YOU WOULD LIKE TO.

[CITIZENS’ COMMUNICATION]

WE ARE GOING TO CHANGE A LITTLE BIT OF OUR PROCEDURE FOR SOME ADDED CLARITY WERE GOING TO HAVE CITIZENS COMMUNICATION IS NOW AND THAT'S A TIME WHERE ANYBODY THAT'S INTERESTED IN SPEAKING, THERE'S TWO DIFFERENT CATEGORIES ONE IS SOMETHING THAT IS NOT ON THE AGENDA AT ALL IF YOU'RE INTERESTED IN SPEAKING ON SON ITEM LIKE THAT COME ON UP.

THE OTHER ONE IS IF YOU'RE INTERESTED IN SPEAKING ON ANY OF THE CONSENT AGENDA ITEMS SO WHAT I WOULD LIKE TO DO IS LIST OF THE CONSENT AGENDA ITEMS FIRST AND GIVE YOU AN IDEA OF WHAT THOSE ARE ABOUT AND THEN OPEN IT FOR CITIZENS COMMUNICATION.

CONSENT AGENDA WILL HAVE THE MEETING MINUTES FOR THE PACKET MEETING SINCE SEPTEMBER AND REGULAR MEETING OF NINE SEPTEMBER. THERE IS A ANNEXATION 2021 ? 00571. THERE'S THE PEARSON ANNEXATION WHICH IS 2021-00627.

THERE IS THE SUTHERLAND ANNEXATION WHICH IS 2021-00637. AUBURN FARMS PHASE 1 FINAL PLAT IS THE EIGHTH ITEM THAT IS 2021-00649. NUMBER NINE IS SOMERVILLE SUBDIVISION PLAT WHICH IS 2021-00652 AND FINALLY THE LAST ITEM ON THE CONSENT AGENDA IS TUSCANY HILLS SECTION 5 A 2021-00656. AT THIS TIME I WOULD LIKE IT TO

[00:05:07]

OPEN THE FLOOR TO ANYONE THAT WOULD LIKE TO COME UP FOR CITIZENS COMMUNICATION.

YOU CAN SIGN IN AFTER YOU SPEAK. GO AHEAD AND COME ON UP.

>> MY NAME IS BETSY WINDOW I LIVE AT 1755 CREEK WITH THE TRAIL NORTH AUBURN.

I AM HERE TO SPEAK ABOUT THE PEARSON ANNEXATION. OUR CONCERNS IN OUR NEIGHBORHOOD ARE THAT I DON'T KNOW IF YOU'RE FAMILIAR BUT THE CREEK WOULD DEVELOPMENT IS BETWEEN ASHTON PARK AND GARDNER STABLES AND WE ACCESS AND EGRESS BY SHELDON MILL ROAD.

FIRST OF ALL, IF THE PROPERTY IS ANNEXED IT GOES AGAINST MS. PEARSON'S WISHES BASED ON HEARSAY SHEILA ECKMAN RENTED THE LITTLE HOUSE ON THE PROPERTY THAT WE ALL SEE WHEN WE DRIVE DOWN SHELDON MILL ROAD. SHE TOLD US THAT A NEIGHBORHOOD MEETING THAT SHE TALKED TO MS. PEARSON THE NIGHT BEFORE SHE DIED AND MS. PEARSON WAS PLANNING TO CALL HER ATTORNEY THE NEXT DAY AND HAVE THIS PARTICULAR TRACK PUT IN SOME KIND OF LAND TRUST OR SOMETHING. BUT THAT IS HEARSAY ON MY PART.

OUR CONCERN IS SAFETY OF ON SHELDON MILL ROAD. AS YOU KNOW, RIGHT NOW SHELDON MILL ROAD IS HEAVILY TRAVELED ESPECIALLY IN THE MORNING DURING GOING TO WORK TIME IN SCHOOL TIME AND IN THE EVENINGS RETURNING HOME TIME. THERE IS A BLIND HILL ON SHELDON MILL ROAD. ALREADY, IT CAN HARDLY HANDLE THE TRAFFIC THAT USES IT BUT IF ACADEMY DRIVE AS HIS PLANT CONNECTS WITH SHELDON MILL ROAD THEN WHERE IT'S CONNECTED IS RIGHT THERE AT THAT BLIND HILL WHERE BRIDAL WOULD COMES OUT ONTO SUCK SHELDON MILL ROAD.

IT'S VERY DANGEROUS. OUR NEIGHBORS HAVE LEARNED TO BE CAREFUL BUT WE ARE AND 11 HOME AND NEIGHBORHOOD. IF WE HAVE, SAY THIS PROPERTY IS RURAL WHICH IS RIGHT NOW IT WOULD BE I DON'T KNOW HOW MANY HOMES THAT MIGHT BE BUT IT'S A LOT OF PEOPLE.

IF, HEAVEN FORBID, IT'S EVER ZONED TO DEVELOPMENT DISTRICT HOUSING WHICH IS MORE HOUSES PER ACRE IF I'M NOT MISTAKEN, THAT'S A LOT MORE TRAFFIC. BESIDES THE TRAFFIC THAT IS CUTTING THROUGH FROM SHELDON MILL TO GO TO LEE SCOTT OR TWO PROFESSIONAL PARKWAY OR THOSE DOCTORS OFFICES. SO, SPEAKING FOR THE NEIGHBORS, OUR BIGGEST PROBLEM IS A SAFETY ISSUE RIGHT NOW ON SHELDON MILL ROAD.WITH THE ADDITIONAL HOUSING AND THE ADDITIONAL TRAFFIC. THANK YOU.

>> HELLO, I AM A DALE WATSON, I LIVE AT 775 BRIDAL WOULD DRIVE. ALSO PART OF CREEK WOULD SUBDIVISION AN EDGE BETSY SAID ACCESS ON BRIDAL WOULD WHICH IS RIGHT OF PRIVATE PROPERTY WHEN WE HAVE NO PUBLIC ACCESS INTO OUR NEIGHBORHOOD SO IT'S TOO BAD YOU AND YOUR PROFESSIONAL SERVICES WERE NOT IN PLACE WHEN OUR SUBDIVISION WAS PUT TOGETHER BECAUSE WE ARE STILL DEALING WITH THOSE ISSUES. I HAVE A COUPLE OF QUESTIONS IS THIS THE E PACKET, THE SIX PAGES?

>> THAT WILL GIVE YOU THE INFORMATION THE STUFF PUT TOGETHER.

>> UNDER THE PLANNING PORTION PARAGRAPH D IT SAYS FUTURE LAND USE CLASSIFICATION AND POSSIBLE APPROPRIATE ZONING AND DESIGNATIONS. FUTURE LAND USE MAP AND

[00:10:06]

COMPREHENSIVE PLAN 2030 DECIMATES THE PROPERTIES AS A LOW DENSITY RESIDENTIAL.

THE MOST APPROPRIATE ZONING FOR THE PROPERTY WOULD BE DEVELOPMENT DISTRICT HOUSING DD H. SO MY QUESTION IS, ALL OF THAT IS EITHER COUNTING, COUNTY OR RURAL ZONING SURROUNDING THAT PROPERTY X EFFORT DUE SOUTH. THAT ONE IS SUBDIVISION THAT IS DUE SOUTH. HOW IS IT, I UNDERSTAND THE FUTURE PLAN WAS A SEPARATE ISSUE FOR A PREVIOUS DAY. SO IT'S CURIOUS THAT WITH EVERYTHING ELSE BEING COUNTY OR RURAL HOW DD H WAS SUGGESTED FOR THIS IN THE FUTURE PLAN. HOW IS IT THAT THAT'S "THE MOST APPROPRIATE " FOR THIS PROPERTY GIVEN THAT THERE IS ABOUT 300 ACRES THAT IS SURROUNDING COUNTY OR RURAL? THE ONLY THING THAT THE CITY AND IS RESIDENTIAL IS THAT NEIGHBORHOOD JUST RIGHT THERE.

>> AND THAT IS WHAT IS ALLOWING IT TO BE BROUGHT FORWARD BECAUSE IT'S CONTAGIOUS.

>> HOW IS IT THAT PIECE OF PROPERTY "MOST APPROPRIATE" ZONING IS A DD H WHEN IT'S SURROUNDED BY NOTHING?

>> WHAT YOU ARE SPEAKING OF IS A FUTURE LAND USE PLAN IS WITH THE PLAN FOR THE FUTURE AT THIS POINT IN TIME SO THAT'S KIND OF WHERE THAT PLAN STANDS UNTIL IT GETS CHANGED IF IT NEEDS TO BE CHANGED OR WE DO SOMETHING DIFFERENT IN THE FUTURE. CURRENT STATE RIGHT NOW.

>> POSSIBLE APPROPRIATE ZONING DEFINITION FOR THIS PROPERTY. AFTER COMING INTO THE CITY, I GUESS, RIGHT? THIS SUGGEST THAT THE APPROPRIATE ZONING THAT WOULD

BE RECOMMENDED WOULD BE DD H. >> AT THIS POINT IN TIME.

SO, AT THIS POINT >> AT THIS POINT TIME IT DOESN'T MAKE SENSE.

>> ALL OF THIS MAP IS LOW DENSITY RESIDENTIAL.

>> RIGHT NOW, IF IT'S NOT ANNEXED WHICH MOST OF THIS IS IN THE COUNTY NOT ANNEXED, THAT'S OFF THE TABLE. ONCE WE BRING IT IN AND WE ANNEXED IT AS A RURAL PROPERTY THEN THERE ARE CHANGES THAT ARE MADE. THE WAY YOU ARE LOOKING AT THE FUTURE IS BECAUSE THE COMPREHENSIVE PLAN IS THAT THIS WHOLE AREA WOULD BE LOW DENSITY RESIDENTIAL IN THE FUTURE. ALL THE LAND AROUND IT THAT'S NOT EVEN IN THE CITY YET OVER TIME WILL BE IN EXTON AND RIGHT NOW THE IDEA IS TO MAKE IT LOW DENSITY RESIDENTIAL.

>> WELL, MAYBE NOT.

>> AT THIS POINT TIME, RIGHT?

>> OVER ON PAGE 5 OF SIX, ENGINEERING SERVICES, THERE'S PARAGRAPH BE TRIPS A GENERATION ANALYSIS. SO I GATHERED THAT HAS TO DO WITH TRAFFIC I DON'T KNOW ALL THE TERMINOLOGY. SO IT'S AS THE PROPERTY IS APPROPRIATELY APPROXIMATELY 44.37 ACRES CURRENTLY UNDEVELOPED BASED ON RURAL ZONING DEFINITION AROUND 14 FAMILY HOMES DETACHED DWELLINGS WOULD BE ALLOWED AND WOULD GENERATE PROXIMALLY 140 TRIPS PER DAY. SO HOW IS THE TRIPS GENERATION ANALYSIS LIMITED TO ONLY THE POTENTIAL NEW HOUSES IN THAT TRACK?

>> THAT'S ALL THE INFORMATION THEY HAVE THEY DON'T KNOW ANY OTHER DEVELOPMENT AT THIS POINT IN TIME.

>> WELL, I CAN TELL YOU DOWN BELOW IT SAYS IN ADDITION TO ACADEMY DRIVE BEEN EXTENDED THAT BEDROCK DRIVE SHOULD BE EXTENDED TO MEET ACADEMY. SO THAT MEANS THAT NOT ONLY THE COBBLESTONE SUBDIVISION THAT'S TO THE SOUTH WOULD ALSO COME UP AND CUT ACROSS TO SHELDON MILL THE BIG APARTMENT COMPLEX 1322 NORTH APARTMENTS THAT'S ON NORTH DEAN, THEY WOULD COME UP THERE AND ACCESS TO 80 THROUGH ACADEMY DRIVE AND SHELDON. OVER ON GATEWOOD YOU HAVE A VILLAGE AT LAKESIDE WHICH IS A HUGE APARTMENT COMPLEX, THEY WOULD ALSO DRIVE UP, COME DOWN ACADEMY THROUGH THAT NEIGHBORHOOD AND ACCESS SHELDON MILL.

YOU'VE ALL THOSE MEDICAL SERVICE OFFICES THAT ARE UNPROFESSIONAL DRIVE PEOPLE COMING FROM ALL POINTS NORTH WOULD ACCESS THOSE OFFICES VIA THIS NEIGHBORHOOD AND AT THAT INTERSECTION. YOU HAVE ATTACHED HOMES THAT ARE SOUTHWEST OF ACADEMY THAT WOULD ALSO ACCESS SHELDON MILL AND 280 THROUGH ACADEMY DRIVE.

>> BASICALLY TRAFFIC.

>> THE NURSING HOME IN ADDITION TO ALL THOSE IN THAT'S NOT TO MENTION THE SCHOOL TRAFFIC.

[00:15:07]

ALL POINTS NORTH THAT'S WITH PARENTS AND KIDS ATTENDING LEE SCOTT ARE GOING TO BE COMING THROUGH THAT INTERSECTION. SO HOW DO WE DO A TRAFFIC ANALYSIS OR A TRIPS GENERATION ANALYSIS THAT CALLS FOR 140 TRIPS PER DAY. I CAN TELL YOU IT'S GOING TO BE 100 TIMES THAT PER DAY.

>> BASED ON WHAT THEY ARE REQUESTING TONIGHT IS TO BE ANNEXED IN GENERAL.

ONCE IT IS ANNEXED IT COMES IN AS A RURAL, PERIOD. THAT'S WHAT'S IN QUESTION TONIGHT.

>> THAT'S ALL THAT'S FOR US AT THIS POINT.

>> SO IT WOULD BE INCLUDED WHEN IT'S DEVELOPED?

>> WHEN IT'S DEVELOPED THAT'S GONNA REQUIRE ANOTHER HEARING HERE I'M SURE THEY WILL DECIDE IF THEY'RE GOING TO PLAT THE PLACE WHERE THE ROAD IS GOING TO COME IN, THERE'S A LOT OF OTHER FOLLOW ON THAT HAS TO DO. THE FACT OF THE MATTER IT'S GOING TO BE SOME SORT OF RESIDENTIAL.

>> WELL MAYBE THAT SPEAKS TO THE ENGINEERING FOLKS ARE THE TRAFFIC FOLKS BECAUSE SHELDON MILL IS NOT IN GOOD CONDITION TO HANDLE ITS EXISTING TRAFFIC.

>> THEY ARE ALL OVER THAT AS PART OF THE ENGINEERING.

>> WHEN HE DO 10?140 ZERO THAT WOULD REQUIRE A FOUR LANE ROAD. AT THAT INTERSECTION.

>> IF IT IS ANNEXED THAT THE CITY HAS MORE CONTROL OVER THE ISSUES YOU HAVE GOT CONCERNS ABOUT. WE JUST CAN'T ADDRESS THEM UNTIL WE GET TO THAT POINT.

WE KNOW WE WOULD HAVE NO CONTROL IF IT REMAINED IN THE COUNTY.

SO, WE ARE TRY TO GET IT WHERE WE CAN GET TO DESIGNED AND ENGINEERED SO WE CAN GET TO CONCERNS THAT YOU HAVE GOT. FOR TO BE THE CITY WE HAVE TO CONSIDER THE ANNEXATION.

>> OKAY, THANK YOU. THANK YOU FOR SERVICE I KNOW YOU OFTENTIMES DON'T GET THE RESPECT YOU DESERVE HERE.

>> MY NAME IS CYNTHIA ATKINSON. MY ADDRESS IS 1817 BLUESTONE COURT HOWEVER I AM 1/4 GENERATION FROM LEE COUNTY AND MY MOTHER AND HER FAMILY AND OUR FAMILY FARM RESIDES AT THE TOP OF THE NEXT HILL. SO I CONCUR 100 PERCENT WITH THEM.

WE KNEW DOCTOR PEARSON, WE KNOW THE GARDENERS AND AT THE TOP OF THE HILL 20 LEE ROAD 97 AND 2303 SHELDON ROAD IS WHERE THE 50 ACRE FARM IS ADJOINING SHELDON COVE THAT WAS PART OF THE LAND AND MY SISTER SO THAT WHEN MY FATHER PASSED SO IT'S OUR PLAN AS YOU ALL KNOW THAT IN THE STATE OF ALABAMA. I'M A REAL ESTATE BROKER AS WELL FOR 34 YEARS.

YOU CANNOT ANNEX, YOU CANNOT TAKE IT WITHOUT ANNEX US IN. SO WE HAVE BEEN THERE OVER 50 YEARS, 60 YEARS WE PLAN TO KEEP THIS IN OUR FAMILY. I CAN TELL YOU THIS MUCH IF YOU LIVED ON THAT FARM TRYING TO GET OUT OF THAT, MY MOTHER 82 YEARS OLD, TRYING TO GET OUT OF HER TWO DRIVEWAYS IS LIKE A NIGHTMARE. AND WHEN WE PUT THAT MUCH MORE TRAFFIC SO YOU ARE TALKING ABOUT A DISASTER AND I KNOW EVEN AT THREE OR FOUR YEARS AGO I SPOKE WITH AN AUTHORITY AND THEY WANT TO BRING DEAN ROAD DOWN THROUGH THAT.

SO DOWN THROUGH TO MEET 280 AND ONTO SHELTON ROAD. WE AGREED ONE OF THE PERCENT WITH OUR NEIGHBORS THAT WE DO NOT AGREE WITH HAVING MORE TRAFFIC COMING THAT DIRECTION.

IT JUST, AS HE MENTIONED, FOR SO MANY OF THE REASONS ALL OF THE OTHER, ALL THE TRAFFIC IS GOING TO DRAW, IS GOING TO BE A NIGHTMARE. WE WENT TO VOICE HER OPINION OR EXPRESS OUR CONCERNS AND SQL TO REALLY RETHINK THIS BECAUSE WE DIDN'T KNOW AND PERSONALLY, THIS PERSON AND I USED TO RIDE MY BIKE FROM OUR FARM TO THE UNIVERSITY AND BACK AND I STOPPED AND SAW DOCTOR PEARSON EVERY DAY AND IT WAS HER DESIRE WAS TO PRESERVE THAT LAND.

IN FACT, I TRIED TO BUY IT FROM HER YEARS AGO BUT SHE WANTED TO KEEP IT AND PRESERVE THAT LAND AND I UNDERSTAND MUCH OF IT'S BEEN GIVEN TO THE UNIVERSITY WHICH I SUPPOSE PERHAPS THAT'S

[00:20:02]

WHAT IS HAPPENED IS THE UNIVERSITY TO PERHAPS THE DEVELOPERS, I'M NOT SURE AT THIS POINT. I'VE NOT LOOKED INTO THAT BUT ANYWAY WE WANT TO KNOW THAT WE ARE DEFINITELY PLANNING TO KEEP OUR FARM FOR THE NEXT HOPEFULLY 100 YEARS, I PLAN TO KEEP IT AND PASS IT DOWN AND IT'S A DANGEROUS ROAD AS IT IS AND TO COME OUT AND BRING THAT KIND OF TRAFFIC ONTO THAT ROAD AND THEN IT TRYING TO GET OUT OF THERE' , IT'S A NIGHTMARE.

WE WOULD ASK THAT YOU ALL WOULD COULD RECONSIDER THAT AND WE THINK IT VERY MUCH.HANK YOU FOR YOUR TIME.

>> ANYONE ELSE?

>> OKAY, I'M GOING TO JOIN SORRY I'M IN A CLOSE OF THE CITIZENS COMMUNICATION AND MOVE

[1. Keel Annexation PL-2021-00367]

INTO OLD BUSINESS. FIRST ITEM OF BUSINESS IS THE KEEL ANNEXATION PL 2021- 00367.

EXIT THE REQUEST BEFORE THE CITY IS AN ANNEXATION REQUEST FOR APPROXIMATELY 42 ACRES.

YOU MAY RECALL THIS WAS POSTPONED FROM LAST MONTH MEETING.

AFTER LEARNING OF THE COUNCILS APPROVAL AMENDMENT TO AN APPROVAL OF HIGHWAY 280 FOCUS AREA STUDY. THERE APPROVAL CHANGED TO A RURAL, FUTURE LAND USE AS OPPOSED TO THE LL RD. THEY ARE STILL REQUESTING LL RD AND JAKE WILL GO OVER THAT IN A MOMENT. IT'S THREADED ONTO THREE SIDES BY THE CITY LIMITS WHICH IS ZONED RURAL. THE LOTS ALONG THE FRONT OF THE PROPERTY FRONTING HEATH ROAD FOR APPROXIMATELY ONE ACRE AND WE DID RECEIVE ONE A CORRESPONDENCE TODAY FROM A CITIZEN IN THE NEIGHBORHOOD SAYING THAT SHE DID NOT OPPOSE THE ANNEXATION WORD AND THAT'S ALL THE COMMUNICATION.

>> THIS DOES NOT REQUIRE A PUBLIC HEARING. SO I WILL ASK FOR A MOTION AND THEN A DISCUSSION IF WE NEED TO.

>> MOTION TO APPROVE PL 2021 - 00367.

>> SECOND.

>> ANY DISCUSSION ON THIS? WE HAVE A MOTION IN A SECOND. LET'S HAVE A ROLL CALL PLEASE.

>> YES >> YES

[2. Keel Rezoning PUBLIC HEARING PL-2021-00365]

>> YES >> YES

>> YES >> YES.

X MOTION CARRIES. ITEM NUMBER TWO WHICH IS THE KEEL REZONING'S AND PROPERTY I WAS TALK ABOUT REZONING NOW THAT IS BEEN ANNEXED AS RURAL. THIS IS PL 2021 - 00365.

>> NEXT CASE IS THE REZONING ABDICATION FOR THE SAME PROPERTY THEY JUST HAD TO VOTE ON FOR ANNEXATION. THIS IS FOR THE 41 ACRES REQUEST TO REZONE FROM RURAL TO LARGE ROCK LOT RESIDENTIAL. STILL LOCATED IN THE SAME SPOT IT WAS BEFORE.

FUTURE LAND USE MAP LIKE KATIE MENTIONED WAS ORIGINALLY RURAL WE TALKED THROUGH THE 280 FOCUS STUDY ABOUT POSSIBLY CHANGE IT HOWEVER THAT WAS CHOSEN NOT TO DO SO BY THE COUNCIL.

SO IT WOULD STAY RURAL. AS A RESULT OF THAT, THE STAFF IS GOING TO RECOMMEND NOW SINCE IT DOES NOT CONFORM WITH THE FUTURE LAND USE PLAN. THE LL RD DISTRICT ALLOWS FOR ONE ACRE LOTS WHICH RETREAT INTENSITY OF, MAXIMUM OF 41 UNITS FOR THE SUBJECT PROPERTY.

HERE YOU SEE AN EXHIBIT OF THE SUBJECT PROPERTY IS ON ITS SIDE SO LOOKING TO YOUR LEFT.

AND QUESTIONS FROM STAFF.

>> ANY COMMENTS FOR THE REPRESENTATIVE?

>> REPRESENTATIVE IS HERE.

>> WANT TO COME UP AND SAY SOMETHING?

>> BASELINE SURVEY SO I'VE WORKED ON THIS PROPERTY FOR MANY YEARS SOMETHING VERY

[00:25:09]

FAMILIAR WITH IT AND I'M HELPING MR. KEEL WITH THIS. A COUPLE THINGS I WANT TO BRING TO YOUR ATTENTION AND A LITTLE THOUGHT-PROVOKING TO ME. WAS THIS WAS ORIGINALLY INCLUDED WITH THE LLRD, IT WAS ORIGINALLY INCLUDED WITH THE PACKET.

CITY COUNCIL EXCLUDED THIS ONE AND I BELIEVE THE REASON WAS FOR EXCESSIVE TRAFFIC OR SOMETHING. SO THAT KIND OF GOT MY ATTENTION BECAUSE HIGHWAY 147 IS ARTERIAL AND ARTERIAL HAS AN AVERAGE DAILY VEHICLE PER DAY OF 13,300 SO YOU TALK ABOUT ADDING, BY THE TIME YOU GET WITH THE ROAD AND EVERYTHING ELSE YOU'RE GETTING ABOUT 45 LOTS OUT OF THIS. MAXIMUM. THAT'S IF THE PERKS AND EVERYTHING YOU KNOW WELL. SO YOU HAVE TO CONSIDER IS A 30 LOTS ON THAT ROAD REALLY GOING TO THROW AND ARTERIAL OVER THE LIMIT OF 13,300? IT DOESN'T MAKE SENSE TO ME WHY THAT WAS A REASON FOR IT IF THERE'S A BETTER REASON, I DON'T KNOW.

ALSO, WE WORKED WITH STAFF ON THIS WE BEEN TOLD THAT IT WAS GOING TO BE POSSIBLY AND LLRD AND READ ALOUD DONE, WE HAD A ROAD AN ACTUAL LINK TO THE PROPERTY TO THE BACK AND WOULD'VE ACTUALLY GIVEN A LITTLE CONNECTIVITY THERE TO FUTURE DEVELOPMENTS AND OTHER THINGS. NOW I WANT TO SPEAK IN THE LOCATION OF WHERE THE ROAD WOULD BE, YOU CAN SEE WHERE IT IS. IT'S NOT TO ONE SIDE OR THE OTHER SO THAT YOUR SITE SENSORY WOULD BE A PROBLEM. WHEN THOSE LOTS WERE ALL DEVELOPED YOU HAVE A PRETTY GOOD DISTANCE TO SEE BOTH WAYS. BUT ANYWAY, THOSE ARE SOME OF THE THINGS I WANTED TO BRING UP AND JUST SAY WE TALK TO STEPH ABOUT IT AND WE ARE LITTLE SURPRISED WHEN SOMEONE CAME IN AND SPOKE AGAINST. IT WAS IN THE ORIGINAL STUDY LIKE I SAID INTO ME TWO PEOPLE MAY HAVE SPOKEN AGAINST IT CONVINCED THEM THAT WAS NOT THE WAY TO GO. AND WHEN THESE GUYS HAVE STUDIED THIS THING FOR YEARS AND I THINK IT NEEDS TO BE IN IT THEN SOMEBODY THAT DOESN'T EVEN LIVE ON THE ROAD SAYS I DON'T THINK IT NEEDS TO BE AND THERE'S TOO MANY MAILBOXES I TEND TO DEFER TO THEIR JUDGMENT RATHER THAN JUST SAYING YET LET'S JUST VOTE THAT WAY. THAT'S WHAT I WANTED Y'ALL TO THINK ABOUT KIND OF THINK OF WHAT THEIR DECISION WAS AND WHY WE WANT TO COME BACK AND SAY, YOU KNOW, MAYBE THIS WAS NOT THE RIGHT DECISION. AND WE ARE ADDING LIKE 30 LOTS NOW, WHO KNOWS? IT MAY NOT PARK AS WELL MAYBE WE MIGHT GET 28 LOTS BUT THOSE ARE SOME OF THE THINGS I WANT YOU THINK ABOUT AS FAR AS WE WANT TO GO BACK TO THEM AND ASK FOR LLRD, I KNOW THAT SOUNDS CRAZY, BUT WE WANT TO GO BACK WITH THESE ARGUMENTS AND SAY WE GOT POSTPONED SEVERAL MONTHS, WE DROPPED THE BALL ON THAT WE KEPT FOLLOWING UP BUT WE JUST NOT FOLLOW UP ENOUGH. SO, I DON'T KNOW, ANY QUESTIONS YOU HAVE I WOULD BE GLAD TO ANSWER THEM OR TRY TO ANSWER THEM. I THINK MR. KEEL IF YOU HAVE AN ANSWER FOR THEM . THANK YOU.

>> THIS REQUIRES A PUBLIC HEARING SO OPEN THE PUBLIC HEARING AT THIS POINT.

ANYONE THAT WOULD LIKE TO SPEAK ON THIS ITEM WHICH IS A REZONING FROM RURAL TO LARGE LOT RESIDENTIAL, PLEASE COME FORWARD.

>> GOOD AFTERNOON, MY NAME IS JIMMY DICKEY I LIVE AT 4950 HEATH ROAD.

I WANT TO BE BACK ON A COUPLE OF THINGS MR. NETTLES SAID. ONE OF THE ARGUMENTS THAT WAS MADE AT COUNSEL WITH THE AMENDMENT WAS THE THING ABOUT THE MAILBOXES.

I MEAN, FOR THIS WE ARE NOT ADDING MAILBOXES TO THE ROAD. THIS IS BACK BEHIND, THIS IS OFF THAT ROAD. SO, JUST TO KIND OF PIGGYBACK ON THAT.

AGAIN I LIVE ON 40 AND 50 HEATH ROAD WE LIVE IN A ONE ACRE LOT. MY HOUSE BORDERS THE PROPOSED PROPERTY TO THE WEST AND IT IS SOUTH ABOUT THREE HOUSES OF WHERE THE ROAD IS PROPOSED TO BE. WHEN AT THE REVISION OF THE 2030 PLAN WAS SENT TO CITY COUNCIL THAT AMENDMENT IT, I WAS NOT EXPECTING THAT TO POP UP.

WE KIND OF THOUGHT IT WAS DONE, WE, MY FAMILY AND I AND A COUPLE OF FRIENDS I HAVE THAT

[00:30:03]

LIVE AROUND THERE. AND SO, MY ONLY CONNECTION TO THE KEEL FAMILY IS THEY BUILT MY HOUSE IN 2014 AND THEY ARE MY NEIGHBORS. JUST WANT TO KIND OF STATE THAT FOR THE RECORD, I SUPPOSE. I COMPLETELY UNDERSTAND WHY SOME FOLKS WANT TO OPPOSE IT BUT IN ALL FAIRNESS WHEN WE STARTED BUILDING OUR HOUSE BEFORE WE EVEN ASSIGNED THE CONTRACT IN 2014, HE WAS VERY CLEAR ABOUT HIS INTENTIONS WITH THE PROPERTY BEHIND US.

WE WERE CURIOUS BECAUSE WE WANTED SOMEWHERE WHERE THERE WAS SOME PRIVACY IN THE AMATORY ABOUT A REAL DENSE DEVELOPMENT. FURTHER, IN MY ESTIMATION OF JUST WATCHING THE DEVELPMENTS AROUND THE CITY IN PARTICULAR OVER THE LAST FEW YEARS, OBVIOUSLY IT HAS BOOMED, BUT WE HAVE SO MANY OF THESE AND THEY SERVE A PURPOSE. I'M NOT NECESSARILY TRYING TO SPEAK ILL OF THOSE BUT SO MANY OF THESE REALLY HIGH DENSITY PROPERTIES THAT ARE 1/4 ACRE THAT ARE POPPING UP ALL OVER THE PLACE AND TO ME THIS IS ABSOLUTELY INTENDED TO AND CAN FILL A GAP IN THAT IT'S EITHER 1/4 ACRE OR IT'S 3+ ACRES. SO SOME OF US GET PRICED OUT OF THOSE 3+ ACRES BECAUSE WHAT YOU HAVE TO BUILD TO JUSTIFY SPENDING THAT MUCH.

AGAIN, I AM NOT WILD, TO BE FAIR, I'M NOT WILD MY HOUSE BACKS UP TO THE WOODS NOW WE CAN BE A LITTLE LOUDER THAN THE NORMAL PEOPLE CAN AND IT DOESN'T REALLY BOTHER ANYBODY.

I'M NOT CRAZY ABOUT HAVING A HOUSE BACK BEHIND ME BUT I AM ALSO MORE THAN THAT I AM, I THINK IT'S IMPORTANT FOR THE CITY TO CONSIDER THE DEVELOPMENT, THE DIRECTION OF THE DEVELOPMENT THAT HAVE BEEN PUT INTO PLACE AND AGAIN, THIS KIND OF FILLS A GAP.

I'M MORE INTERESTED IN BEING A PROPONENT OF PROPERTY OWNERS AND THEIR RIGHTS AND WHAT THEY CAN DO WITH THEIR OWN PROPERTY. I THINK I HIT ALL MY POINTS. I APPRECIATE YOU LISTENING TO MY RANT I WENT TO MAKE SURE THAT YOU GUYS ALL NEW AND THANK YOU TO YOU GUYS REGARDING ALL THE WORK IN THE QUESTIONS YOU ANSWERED THROUGHOUT THIS PROCESS I JUST WANT TO MAKE SURE THAT YOU ALL WERE AWARE BECAUSE IT APPEARED AT THE COUNCIL MEETING THAT IT WAS UNIVERSALLY OPPOSED AND NOBODY WANTED THIS.ELL, THAT'S JUST NOT TRUE.

I HAVE NO CONNECTION TO THESE GUYS OTHER THAN BE NEIGHBORS AND THEY DID A GOOD JOB BUILDING MY HOUSE. AND WE SUPPORT THEM IN WHATEVER IT IS.

>> JUST TO CONFIRM I WANT TO MAKE SURE THAT YOU ARE FOR THIS.

FOR THE REZONING.

>> YES, I AM AFFORDED THE LLRD, YES, WE WILL SUPPORT THAT.

>> ANYBODY ELSE?

>> HOLLY KEEL I LIVE AT 5050 HEATH ROAD AND I MARRIED TO MIKE KEEL.

A FEW POINTS PIGGYBACKING OF JIMMY. YES, WE TOLD EVERY PERSON THAT BOUGHT A HOUSE THAT THE FUTURE PLAN HAD BEEN ALL ALONG TO DEVELOP THE LAND AND MR. KEEL THE WISE MAN WE ALL THOUGHT WE WOULD HAVE BEEN TO PURCHASE THE LARGE PARCEL HAS SLOWLY DEVELOPED AND SOLD SOME OF IT OFF. TYRONE, HE WAS ON THE RIGHT SIDE OF THE EASEMENT AND THEN OUR HOUSE IS ON THE LEFT SIDE OF THE EASEMENT AND THAT WAS UPLAND YEARS AGO. I ASK YOU TO CONSIDER THAT AS A MAN'S WISHES TO SEE HIS VERY WISE TO PURCHASE COME INTO A FINAL FRUITION AND THIS LAST PIECE BE DEVELOPED.

TO ME, ONE OF THE MOST BENEFICIAL THINGS FOR EVERYONE ON HEATH ROAD IS WE WILL HAVE SOMEWHERE TO GO WALK, WE CAN WALK OR DOGS, WE CAN WRITE OUR BIKE, THE KIDS CAN PLAY, WE CAN OF TRICK-OR-TREATERS, GO DOOR TO DOOR, WE MISS OUT ON THOSE SPECIAL THINGS LIVING ON A STATE HIGHWAY AND SO FOR ALL OF THE NEIGHBORS THAT RUN ON HEATH ROAD WILL HAVE THAT AVAILABILITY. RIGHT NOW WE RUN UP TO THE DIRT ROAD WHICH I UNDERSTAND WAS PAST AND WILL BE DEVELOP IT SO THAT WILL GO AWAY. SORT LITTLE NIXON COMMITTEES THAT WE CAN ESCAPE THAT HIGHWAY WE ARE GOING TO CREATE THAT SPACE AND AGAIN WHEN WE LEAVE THE ACCESS POINT FOR FUTURE GENTLEMEN WE ARE JUST GOING TO HAVE MORE OF A PLACE TO ENJOY.

[00:35:04]

AS A REALTOR, I CAN SAY THAT AUBURN DESPERATELY NEEDS TO COME BACK HOME TO HAVING AN OPTION OF A BUILDER WHO WERE ACTUALLY LISTENING TO YOU AND BUILD YOU A CUSTOM HOME.

WE HAVE GOTTEN SO COOKIE-CUTTER, THIS IS THE PLAN WE WILL NOT EVOLVE, THAT IT'S BECOMING VERY FRUSTRATING TO BUYERS WHEN THEY'RE LOOKING FOR THAT NEW PRODUCT TO HAVE A QUALITY BUILDER IS GOING TO BE A BEAUTIFUL DEVELOPMENT IF YOU ALL WILL ALLOW IT TO BECOME A ONE AND I ASK FOR YOUR VOTE.

>> PLEASE SIGN IN.

>> I AM IN GEORGE JONES AND I LIVE AT 250 HEATH ROAD. I THINK THAT IS GOING TO BE A GREAT DEVELOPMENT. I AM A 26 SO I AM YOUNG I'M CURRENTLY BUILDING A HOUSE.

IT WAS ACTUALLY REALLY HARD FOR ME TO FIND SOMEWHERE BECAUSE HE HAD SAID EARLIER YOU ARE EITHER IN THE QUARTER ACRE OR THREE ACRES AND I OBVIOUSLY CANNOT AFFORD THREE ACRES.

SO, I THINK THIS WOULD IT BE A GREAT ADDITION TO THE NORTH AUBURN AREA FOR PEOPLE MY AGE AND YOUNGER FAMILIES AND STARTING OUT YOUNG ADULTS. A LOT OF MY FRIENDS AND FAMILY LIVE IN THE NORTH AUBURN AREA. IT IS A DEVELOPING SUPER QUICKLY AS YOU ALL KNOW.

THE ROUNDABOUT JUST OPENED UP AND THAT'S AWESOME IN 280 IS FINALLY FINISHED.

AND SO I THINK THAT THIS WOULD BE REALLY GREAT FOR US AND FOR THAT YOUNGER GENERATION OF AUBURN. GRAD STUDENTS AND PEOPLE COMING OUT OF COLLEGE WHO HAVE AN OPPORTUNITY TO FIND SOMEWHERE GREAT TO LIVE.

>> THANK YOU.

>> I AM CAROLINE 1114 64 MILT BRANCH DRIVE FOR THE PAST SEVEN YEARS I HAVE WORKED FOR MR. KEEL SO I'VE BEEN OUT AT 5050 HEATH A LOT IN THE PAST SEVEN YEARS.

I LIKE TO SPEAK ON THE TRAFFIC CONCERNS. I CAN COUNT ON ONE HAND IN SEVEN YEARS AND I HAVE HAD TO WAIT TO GET OUT OF HIS DRIVEWAY FOR TRAFFIC ON 147 NORTHPORT HEATH ROAD. THE ONLY TIME THERE HAS EVER BEEN A BACKUP IS WHEN THEY WERE DOING ALL THE CONSTRUCTION THAT THEY JUST FINISHED, HALLELUJAH, ON IT TO 80.

THAT IS THE ONLY TIME I'VE EVER HAD TO WAIT TO GET ON 2280. NEVER HAD TO WAIT TO GET ON TO HEATH ROAD SO I WAS A LITTLE CONFUSED AND WATCHING THE VIDEO OF THE PRIOR CONVERSATION ABOUT HOW IT BACKED UP TRAFFIC IS AND HOW THIS WOULD CAN JUST IT MORE BECAUSE IT'S WONDERFUL.

I PULLED TO THE END OF THE DRIVEWAY THERE IS NOTHING COMING AND AGAIN THE CONCERN ABOUT THE 30 MAILBOXES. I MYSELF HAVE A GUN BEHIND THE MAILMAN, MALE PERSON, THAT DELIVERS OUT THERE AND THEY PULL OVER ON THE SIDE OF THE ROAD.

YOU CAN GET BY THEM VERY, VERY EASILY AND VERY, VERY SAFELY. I AM IN FAVOR OF THIS BEING DEVELOPED INTO THE ONE ACRE LOTS. I DON'T THINK IT'S GOING TO AFFECT TRAFFIC OR THE MAIL DELIVERY IN ANY ASPECT. SO, THANK YOU FOR YOUR TIME.

>> HELLO MY NAME IS MELISSA AND 11 2036 GLEN ROAD. I ALSO WORK FOR MR. KEEL AND HAVE BEEN DRIVING FOR A YEAR ADM AND BACK AT 5 PM TO 5050 HEATH ROAD.

AND HAVE NOT HAD ANY ISSUES WITH TRAFFIC. I THINK IT'S A LOVELY ROAD.

I APPRECIATE THE DEVELPMENTS ON 280 WITH REFERENCE TO HOW MUCH WORK HAS BEEN GOING ON THERE.

TRULY THAT HAS BEEN THE ONLY REASON THAT THERE HAS BEENA LITTLE BIT OF TRAFFIC .

BUT, AS ANOTHER YOUNG PROFESSIONAL IN THE AUBURN AREA I THINK THAT WOULD BE SOMETHING I WOULD BE INTERESTED LIKE IN A ONE ACRE LOT. I THINK IT'S A GOOD OPPORTUNITY FOR OUR COMMUNITY AND I THINK THE NORTH SIDE OF AUBURN IS GROWING RAPIDLY AS WELL.

A LOT OF GREAT FILAMENTS IN THAT DIRECTION AND DEFINITELY HAS MY SUPPORT.

[00:40:04]

SO, THANK YOU FOR YOUR TIME.

>> SHANE DAVIS I LIVE AT 4020 HIGHWAY 47 I LIVE ON HIGHWAY 47 FOR ABOUT 15 YEARS NOW.

I HAVE THREE KIDS THAT GO TO SCHOOL IN AUBURN, 17-YEAR-OLD SON THAT DRIVES EVERY DAY AND NEVER HAS A PROBLEM WITH TRAFFIC GOING OR COMING. FEELS SAFE FOR HIM DRIVING MY TWO DAUGHTERS TO SCHOOL. WE NEVER EXPERIENCE A BACKUP OTHER THAN THE CONSTRUCTION TIME ON 280 LIKE A FREAK ACCIDENT OR SOMETHING BUT 147 IS NOT REAL CONGESTED HIGHWAY.

FROM MY UNDERSTANDING IT'S A STATE ROUTE, IT'S TIED INTO A STATE ROUTE OF 280.

SO, IF THIS GETS APPROVED, I FEEL LIKE THE DOT WOULD HAVE TO DO TRAFFIC STUDIES AND COME UP WITH THE BEST WAY OF GETTING IN AND OUT OF THIS DEVELOPMENT. SO I THINK THE TWO OR THREE FOLKS THAT SPOKE AGAINST IT AT THE LAST MEETING WAS CONCERNED WITH MAILBOXES AND TRAFFIC AND POSSIBLY POLLUTE PIZZA DELIVERY AND STUFF LIKE THAT. I ALSO THINK THAT THE LADY THAT SPOKE AGAINST IT HAS SOME PROPERTY THAT'S TO THE EAST OF A BIGGER FARM AND AFTER WATCHING THE RECORDING OF THAT SHE SAID AT SOME POINT HER KIDS WOULD PROBABLY SEE ANNEXATION OR HOWEVER YOU SAY IT FROM THEIR FARM. I DON'T THINK SHE IS REALLY AGAINST HER FAMILY POSSIBLY ANNEXING THEIR FARM AT SOME POINT TO BENEFIT THEIR SELF BUT I DO THINK SHE IS AGAINST SOMEONE ELSE TRYING TO ANNEX SOMETHING.

SO IF SHE WAS REALLY AGAINST IT WHY WOULDN'T SHE JUST PUT HER LAND IN A LAND TRUST OR SOMETHING? TO KEEP HER KIDS FROM BREAKING IT UP INTO A SUBDIVISION.

THE ONE ACRE LOTS, WHEN MY WIFE AND I HAVE BEEN IN AUBURN FOR 23 YEARS NOW BUT WHEN WE FIRST BOUGHT OUR HOUSE IN AUBURN, NEWLYWEDS, YOUNG AND WE BOUGHT AND ROCKS MILL ESTATE THE GUY BACK BEHIND ME SOLD US THAT HOUSE. IT WAS ON A ONE ACRE LOT OR ACTUALLY THREE QUARTER ACRE.I WAS FROM THE COUNTRY. I DO NOT WANT TO LIVE IN A SUBDIVISION, THE LAST THING I WANT TO DO IS MOVE INTO THE CITY.

BUT THE THREE-QUARTER ACRE LOT IT WAS GREAT. WE FELL IN LOVE WITH AUBURN, WE STAYED HERE, ALL THREE OF HER KIDS WERE BORN IN AUBURN AND THIS IS HOME NOW.

OVER THE YEARS, THE SUBDIVISION LOTS HAVE GOTTEN SMALLER AND SMALLER AND SMALLER AND MORE HOUSES, MORE HOUSES AND IT'S BECOME CRAZY. I THINK THE ONE ACRE LOTS WOULD BE BENEFICIAL FOR AUBURN AND FOR FAMILIES LIKE MINE STARTING OUT THAT COULDN'T AFFORD THREE OR FOUR ACRE LOTS OR THE BIGGER FARMS. SO I THINK THE ONE ACRE LOTS WOULD BE GREAT AND ASK YOUNG TO PROVE IT.

>> WHO WILL BE NEXT? OKAY, I'M GONNA CLOSE THE PUBLIC HEARING AT THIS TIME.

LET ME ASK ONE QUESTION OF ENGINEERING, THIS SORT OF, THERE WOULD BE A TRAFFIC STUDY ANTICIPATED FOR THIS. ANY FURTHER DEVELOPMENT BY THE NATURE OF IT, IS THAT TRUE?

>> I WOULD HAVE TO LOOK AT THE PROPOSAL LAYOUT IF IT MEETS THE THRESHOLD FROM WHAT I REMEMBER IT IS NOT MEET THE THRESHOLD FOR A TRAFFIC IMPACT STUDY.

>>'S ARE SAY THE IMPACT IS LOW ENOUGH WE DON'T HAVE TO THAT'S NOT REALLY AN ISSUE?

>> CORRECT. THEY WOULD POTENTIALLY HAVE IMPROVEMENTS ON 147 AND WOULD WORK THE DOT TO GET THOSE DONE.

>> THE OTHER THING I WOULD LIKE TO MENTION WE ARE KIND OF IN A TRICKY POSITION WITH THIS PARTICULAR ITEM. THE FACT THAT OUR COMPREHENSIVE PLAN AND LAND USE PLAN HAVE BEEN FORMALLY CHANGED AND THAT'S KIND OF A FUNDAMENTAL PLANNING DOCUMENT THAT WE MAKE OUR DECISIONS BASED ON THAT. AT THIS POINT IN TIME, IT HAS BEEN CHANGED THAT WE HAD A

[00:45:03]

TRAFFIC STUDY, NOT A TRAFFIC STUDY BUT THE 280 STUDY THAT WE RECENTLY COMPLETED WAS ADJUSTED AND NOW THIS PARTICULAR LAND USE IS RURAL. WHICH REQUIRES THE LARGER LOTS.

HAVING SAID THAT, I WILL OPEN FOR A MOTION AND THEN WE CAN HAVE SOME DISCUSSION.

>> MR. CHAIRMAN, WE STUDY THIS AT GREAT LENGTH SOME MONTHS AGO.

I FEEL WITH ALL DUE RESPECT TO THOSE WHO SEE IT DIFFERENTLY BUT I DO NOT SEE AND I COULD NOT HEAR FROM ENGINEERING JUSTIFICATION THAT WOULD LIMIT THIS PARTICULAR DEVELOPMENT TO THREE ACRE LOTS THAT THE TRAFFIC IMPACT IS SUCH MINIMALLY THAT I THINK IT MIGHT LOGIC AND IN MY FEELING AT THIS TIME IS BEST FOR THE AREA. AND FOR THE PROPERTY OWNER THAT THIS REZONING BE CONSIDERED.

>> WARREN, I WILL AGREE WITH YOU ON THAT. WE SPENT A LOT OF TIME ON THE 280, I'M AGREEMENT WITH LAUREN, WRITE IT DOWN EVERYBODY. BUT I'M GOING TO AGREE WITH HIS THOUGHT PROCESS ON THIS. WE SPENT A LOT OF TIME ON THE 280 FOCUS STUDY OUR RECOMMENDATION TO CITY COUNCIL WAS FOR THE LARGE LOT RESIDENTIAL DISTRICT.

I DON'T REMEMBER IF IT WAS CREATED DURING THAT FOCUS STUDY OR THE FOCUS STUDY BEFORE BUT IT WAS CREATED TO FILL THE GAP BETWEEN DTH AND RURAL SO I THINK IS MOST APPROPRIATE IN THIS AREA WHERE THERE ARE ALREADY SEVERAL ONE ACRE LOTS. NO MATTER HOW THEY WERE DEVELOPED AND BROUGHT INTO THE CITY THAT IS IRRELEVANT AT THIS POINT BUT THOSE HOUSES ARE OUT THERE AND IT DOES FILL A NEED. THAT A LOT OF PEOPLE ARE LOOKING FOR AND I CAN SUPPORT IT BECAUSE I SUPPORTED IT DURING THE FOCUS STUDY AND IN MY MIND I WOULD BE IN FAVOR OF IT BECAUSE I FEEL LIKE AS A PLANNING COMMISSION BODY THAT'S WHAT WE RECOMMENDED.

DURING THE FOCUS STUDY. I WOULD MAKE A MOTION TO APPROVE PL 2021 - 00365.

>> SECOND.

>> A MOTION AND A SECOND. ANY FURTHER DISCUSSION? LET'S GO AHEAD AND HAVE A ROLL CALL.

>> BRIDGES >> YES

>> CHANSLER >> YES

>> JAGER >> YES

>> A LAZENBY >> NO

>> MARSHALL >> YES

>> A REESE >> YES

>> BIRMINGHAM >> YES

>> MOTION CARRIES AND IT IS APPROVED TO REZONE FROM A RURAL TO LLRD.

NEXT ITEM ON OLD BUSINESS IS THE BOTTLE. MR. CHAIRMAN.

>> I DID NOT KNOW IF YOU WANTED CLARIFICATION ON THAT. THE MOTION TO APPROVE THE REZONING, THIS WAS A RECOMMENDATION TO THE CITY COUNCIL.

IT WILL GO TO THE CITY COUNCIL IN A NOVEMBER, SECOND MEETING IN NOVEMBER JUST SO CLEAR VOCATION FOR THE AUDIENCE, THANK YOU.

[3. The Bottle PDD PUBLIC HEARING PL-2021-00368]

>> SO THE BOTTLE PDD THIS IS PL 2021 - 00368.

>> THIS IS A REQUEST A REQUEST FROM A JOSEPH EARNEST FROM HOLLAND HOMES LLC.

AT THAT MEETING YOUR RECOMMENDED TO CITY COUNCIL APPROVAL TO REZONE THE NORTHERN PORTION OF THE PROPERTY TO CCB CTD AND THEN THE OTHER PART OF THE PROPERTY TO DTH.

AT WHICH TIME STAFF HAD SEVERAL CONDITIONS PLACED THAT THEY ARE WORKING WITH THE PROPERTY OWNER AND THAT. THE APPLICANT HAS SUBSTANTIALLY REVISED NOT NECESSARY THE MASTER DEVELOPMENT PLAN BUT HAS COME BACK AND WORK WITH US ON MEETING SEVERAL OF THOSE CONDITIONS. THEREFORE, STAFF IS RECOMMENDED APPROVAL OF THE REZONING TO PDD OR THE RECOMMENDATIONS YOU CITY COUNCIL. IT JUST COMPLY WITH THE FUTURE

[00:50:02]

LAND USE PLAN. THEY ARE PROVIDING A SUBSTANTIAL AMOUNT OF COMMERCIAL ACREAGE ON THE NORTHERN PORTION AND RESIDENTIAL ON THE SOUTHERN PORTION WHICH DOES COMPLY WITH THE FUTURE LAND USE STUDY AND AT THE 280 FOCUS STUDY EVERY DECIMATED THE PROPERTY. HAPPY TO ANSWER ANY QUESTIONS.

>> DO WE HAVE A REPRESENTATIVE THAT WOULD LIKE TO SPEAK?

>> GOOD AFTERNOON, I WOULD LIK , LIKE A LOOK AND SAID WE ARE HERE TO PRESENT THE PDD TO GIVE THE CITY MORE CONTROL OVER THE PROPERTY THAT WAS ALWAYS OUR INTENT.

SINCE JUNE IT DEVELOPED THIS PLAN THE LAST 30 DAYS WE ARE ABLE TO ITERATE AND GET SOMETHING THAT'S TRULY A WIN-WIN. IN AUBURN-BASED BUILDER WE SUPER APPRECIATE THE IMPORTANCE OF THIS AREA OF TOWN, IS TRULY AN ENTRANCE TO THE CITY SO EXCITED ABOUT THE OPPORTUNITY TO BRING QUALITY TO THE BEAT OF A PRODUCT TO THAT AREA.

LIKE LOGAN SAID WE HAVE BEEN WORKING ON THIS TOGETHER AND REALLY FEEL LIKE WE'VE GOT SOMETHING THAT WORKS GREAT FOR EVELYN. HAPPY TO ANSWER ANY QUESTIONS.

>> THIS REQUIRES A PUBLIC HEARING SO AT THIS TIME I WILL OPEN THE PUBLIC HEARING AND IF YOU WOULD LIKE TO COME SPEAK ABOUT THE PLAN DEVELOPMENT DISTRICT OF THE BOTTLE PLEASE COME FORWARD NOW. SEE NO ONE I WILL CLOSE THE PUBLIC HEARING.

ASK FOR A MOTION, COMMENTS, QUESTIONS.

>> I HAVE A QUESTION, TWO OR THREE THINGS, THE ORIGINAL CONDITIONS ONE ABOUT THE AMOUNT OF COMMERCIAL AREA AND WE ACQUIESCE TO HAVE LESS COMMERCIAL AREA AND MORE RESIDENTIAL AND THEN I THINK WE TALKED ABOUT THE POSSIBILITY OF MOVING SOME OF THESE HIGHER DENSITY HOMES ADJACENT TO THE COMMERCIAL AREAS AND BE LESS DENSE HOMES FURTHER AWAY AS A NORMAL GOOD PLANNING PROCESS. I WAS CURIOUS WHY THE DEVELOPER WANTS TO KEEP THAT LOW DENSITY UP CLOSE TO THE COMMERCIAL ARE , WHY DO YOU NOT WANT TO SWITCH THAT?

>> I APPRECIATE THE QUESTION. JUST WORKING THROUGH THE FACING OF THIS BEING ABLE TO OFFER A SINGLE FAMILY PRODUCT THAT'S THE PRODUCT WE PERVERT THERE AND SEVERAL THESE PHASES WORKING WITH STAFF WE FELT LIKE IT FIT BEST TO LEAVE IT AS IT WERE.

>> I DON'T UNDERSTAND THE TERM FIT BEST IN THE FACING PROCESS COULD YOU NOT JUST THE FACING AND WHY DOES IT NOT FIT THE OTHER WAY? I JUST WASN'T REAL CLEAR I DID NOT GET ALL THAT ANSWERED.

>> THE ENTRANCE WILL BE THE SOUTH ENTRANCE WILL BE THE FIRST ONE IN CONSTRUCTION THERE SO HOPEFULLY THE FUTURE OWNER OF THIS PROPERTY WE WANT TO BE ABLE TO BUILD SOME SINGLE-FAMILY AND SOME OF THE HIGHER DENSITY IN EACH OF THOSE PHASES AND SO I GUESS THAT'S MAYBE A WIN FOR US ALSO BUT WORKING WITH STAFF WE FELT LIKE THIS WAS STILL A GOOD FIT FOR EVERYBODY.

>> THANK YOU.

>> WHAT IS GOING TO BE DRIVING YOUR COMMERCIAL BUILDING, THE DEVELOPMENT OF THE COMMERCIAL PROPERTY, HOW, HOW DOES THAT WORK AND YOU'RE FACING PLAN?

>> JUST MARKET DEMAND. AS SOON AS IT BECOMES AVAILABLE WE CAN START MARKETING THAT IMMEDIATELY AND THAT WOULD BE BUILT TO SUIT COMMERCIAL THE BUILDER AS WELL.

>> MR. CHAIRMAN, I WAS AN ADVOCATE TO POSTPONE THIS FOR MONTHS TO GET MORE CLARIFICATION AND SOME OF MY CONCERNS EITHER CLARIFIED OR ADDRESSED AND THEY HAVE BEEN AT THIS PERIOD OF TIME.

>> IS THAT A MOTION. ?

>> I CAN MAKE A MOTION IF YOU'RE READY FOR A MOTION. I MOVE THAT WE RECOMMEND TO CITY COUNCIL THAT THE BOTTLE PDD BE APPROVED.

[00:55:05]

>> SECOND.

>> SUBJECT TO OF COURSE ALL THE CONDITIONS AND COMMENTS. ANY FURTHER DISCUSSION BY THE COMMISSION? LET'S GO AHEAD AND HAVE A ROLL CALL.

>> BRIDGES >> YES

>> CHANSLER >> YES

>> A JAGER >> YES

>> LAZENBY >> YES

[4. The Bottle PUBLIC HEARING PL-2021-00370]

>> AND MARSHALL >> YES

>> BIRMINGHAM >> YES

>> REESE >> YES

>> OKAY NUMBER FOUR ON THE AGENDA IS THE BOTTLE CONDITIONAL USES WHICH IS PL 2021 - 00370.

>> THIS IS THE SAME SUBJECT PROPERTY AS PART OF A PDD DEVELOPMENT WITH THE MASTER DEVELOPMENT PLAN THERE CERTAIN USES THEY MUST REQUEST THROUGH THE CONDITIONAL USE PROCESS.

SO THEY'RE REQUESTING SEVERAL USES YOU HAVE GOT THE FULL LIST OF USES BUT WE DID WANT TO CLARIFY FOR THE RECORD AND MAKE IT KNOWN THAT WE WOULD LIKE TO RESTRICT CERTAIN USES TWO SPECIFIC AREAS OF THE DEVELOPMENT SO THOSE USES AND WHERE THEY WOULD GO ARE PRESENTED HERE IN A STAFF REPORT. THERE ARE ALSO SOME USES THAT WE RECOMMEND THAT YOU NOT INCLUDE IN THE LIST OF USES AND THOSE ARE AUTOBODY PAINT SHOP, FLEAMARKET, PARKING GARAGES AND SMALL ENGINE REPAIR. I THINK YOU'RE INCLINED TO IMPROVE IT IT WOULD BE WITH THOSE CONDITIONS AND APPLICANT AND PROPERTY OWNER ARE OPEN TO THAT, AS WELL.

>> THANK YOU.

>> LOGAN IS CORRECT WE HAVE BEEN WORKING WITH STAFF TRY TO FIND USES.

WE FULLY SUPPORT THE LIST THAT THE STAFF AND I WORKED TOGETHER ON SO WE SUPPORT THE CONDITIONS.

>> SOUNDS GOOD, THANK YOU. OPEN THIS FOR PUBLIC HEARING AT THIS POINT, PLEASE COME FORWARD IF YOU LIKE TO SPEAK ABOUT THESE CONDITIONAL USES AT THE BOTTOM, AT THE BOTTLE.

SEE NO ONE I WILL CLOSE PUBLIC HEARING. AND IT LOOK FOR A MOTION FOR FURTHER DISCUSSION FROM THE COMMISSION.

>> I MOVED TO APPROVE ITEM 4 ON THE AGENDA.

>> I SECOND.

>> SECOND. CAN WE HAVE A ROLL CALL PLEASE. WITH STAFF COMMENTS, ANY FURTHER DISCUSSION?

>> BRIDGES >> YES

>> CHANSLER >> YES

>> JAGER >> YES

>> LAZENBY >> YES

[CONSENT AGENDA]

>> AND MARSHALL >> YES

>> RITENBAUGH >> YES

>> BIRMINGHAM >> YES

>> REESE >> YES

>> AT THIS POINT WILL GET TO THE CONSENT AGENDA BEFORE WE GET STARTED WITH ANY OF THE COMMISSIONERS LIKE TO PULL ANY THE CONSENT AGENDA ITEMS FOR SEPARATE DISCUSSION? OKAY, SO WE NOW HAVE ACKNOWLEDGE AND LISTED ALL OF THE CONSENT ITEMS EARLIER IN THE PROCESS AND SO AT THIS TIME I WAS LOOKING FOR A MOTION TO APPROVE THE CONSENT AGENDA.

>> MOTION TO APPROVE THE CONSENT AGENDA INCLUDING THE MINUTES AND PACKET MEETING OF SEPTEMBER 8 AND SOMETIME OR THE NIGHT.

[11. The Preserve PDD Amendment PUBLIC HEARING PL-2021-00633]

>> SECOND.

>> MOTION IN A SECOND ALL THOSE IN FAVOR SAY YES. XES.

>> THE CONSENT AGENDA IS APPROVED.NOW WE MOVED ON TO NEW BUSINESS.

THE FIRST ITEM ON NEW BUSINESS IS THE PRESERVE PDD AMENDMENT WITH WHICH IS PL 2021 - 00633 MR. HOWELL.

>> THIS APPLICATION IS REQUEST TO AMEND THE PRESERVE PDD. THE PRESERVE PDD IS CONSISTS OF ABOUT 787 ACRES ON THE EAST SIDE OF TOWN I'M SORRY THE WEST SIDE OF TOWN.

IT'S SURROUNDED MOSTLY BY RURAL ZONING DISTRICT PROPERTY THE COUNTY IT'S ALSO BY THE

[01:00:09]

UNIVERSITY PROPERTY ON THE EAST SIDE. IT INCLUDES A PERMITTED NUMBER OF DWELLING OF 1500 USE IN THIS REQUEST IS A REQUEST TO CHANGE 88 OF THOSE FROM A SINGLE FAMILY TO TOWNHOMES. TOWNHOMES ARE NOT CURRENTLY ALLOWED IN THE PDD THIS REQUEST IS TO CHANGE THAT FOR A ONE-ON-ONE SWAP THOSE UNIT MEMBERS WOULD STAY THE SAME.

THIS IS THE EXISTING APPROVED MASTER DEVELPMENTS PLAN FOR THE PRESERVE PDD SHOWING HERE YOU SEE PHASES ONE THROUGH SEVEN. NOT SHOWN ON HERE HIS FACE A 10 WHICH IS PART OF THE PROPERTY IN THE SOUTH SIDE UNDER SEPARATE BUILDER. CURRENTLY, ONE THROUGH FOUR ARE MOSTLY COMPLETE AND FIVE IT IS IN THE PROCESS OF BEING BUILT NOW.

IT COMES DOWN TO ABOUT HALF OF THE TOTAL UNITS AT LEAST PERMITTED AND SUBDIVIDED.

THE REQUEST IS TO MODIFY THE REMAINING PHASES OF SIX AND SEVEN SHOWN HERE.

THEY ARE GOING TO BE TAKING 25 HOMES FROM PHASE 5 AND HOMES FROM PHASE 4 THAT HAVE NOT BEEN COMPLETE YET AND IS SIGNING THAT TO PHASE 6 WHERE THE TOWNHOMES WOULD BE LOCATED ON THE WEST SIDE OF THE PROPERTY. AS A RESULT OF THEM PROVIDING CONDENSING THE DEVELOPMENT THEY ARE ASKED TO PROVIDE AS MUCH TWICE AS MUCH OPEN SPACE SO THE STAFF IS APPRECIATIVE OF THAT IT SHOULD WORK OUT WELL FOR THE RESIDENTS OF THE AREA. CONNECTIVITY IS BEEN MAINTAINED FOR THE EASTERN AND WESTERN SIDE OF THE PROPERTY DEVELOPMENT AS WAS REQUESTED.

THERE WAS ONE CONNECTION THAT THEY STILL NEED TO SHOW IT MOVING NORTH ON THE NORTHEAST SIDE OF THE PROPERTY WHICH IS INCLUDED IN THE STAFF COMMENTS.

>> SHOULD THAT BE BUILT OUT OR IS THIS A PART OF THE PRESERVE THAT ONE PIECE OF THE STREET YOU'RE TALKING ABOUT? YOU TIME ABOUT A STUB OUT IN?

>> THE STUB OUT ITSELF IS ON THE NORTHEASTERN SIDE OF THE PROPERTY AND ACTUALLY STEP EXTENDS OUT OF THE PROPERTY AND CONNECTS TO ADJACENT PROPERTY. JUST THAT THEY PROVIDE CONNECTIONS.

>> THAT'S NOT PART OF THE PRESERVE? OR IS IT? THAT PIECE OF PROPERTY THAT THE STUB OUT IS GOING INTO IS A PART OF THE PRESERVE?

>> NO, IT'S NOT. JUST TO MAKE SURE ARE YOU TALKING ABOUT THE PROPERTY THAT'S ON THE WEST SIDE? THAT IS PEER TREAT FARM IT'S A SEPARATE CONNECTION.

HERE'S A LIST THAT SHOWS THE PHASING OF THE PRESERVE CURRENTLY AND YOU CAN SEE THE DATES THAT INCLUDED THERE. WE HAVE HAD A LOT OF CONVERSATION WITH THE DEVELOPER AS FAR AS WHAT WOULD BE ALLOWED THIS INTRODUCTION. WE ALSO RECEIVED ENOUGH A LOT OF CORRESPONDENCE FROM NEIGHBORING RESIDENTS AND WANTED FOR THE PURPOSE TO JUST CLARIFY WHAT SOUNDS LIKE THERE MIGHT BE EIGHT MISCONCEPTION SOME OF THE COMMENTS WE HAVE RECEIVED, AT LEAST. JUST EXACTLY WHAT A TOWNHOME IS AND SO WANTED TO MAKE SURE THERE WAS UNDERSTANDING THAT WHEN WE SAY THE UNIT BEING CHANGED FROM A SINGLE FAMILY UNIT TO A TOWNHOME WHAT THAT ACTUALLY MEANT. SO A STRUCTURE THAT INCLUDES TOWNHOMES CAN INCLUDE ANYWHERE FROM 3 TO 10 TOWNHOMES BASED ON THE ZONING ORDINANCE.

EACH ONE OF THOSE 3 TO 10 UNITS IS THE EXACT SAME AS A SINGLE FAMILY THAT WOULD OCCUPY EITHER A SINGLE FAMILY DWELLING UNIT OR A TOWNHOME. AND SO, BY SAYING 88 UNITS DOES NOT 88 TOWNHOME STRUCTURES, THAT'S 88 UNITS THAT WOULD BE DIVIDED INTO, DIVIDED AMONGST THOSE STRUCTURES BEING THREE TO 10 UNITS PER STRUCTURE. WE WANT TO MAKE SURE.

>> WITH THE INTENT OF EACH UNIT BEEN A SINGLE FAMILY?

>> EACH UNIT, AS A TOWNHOME IN ORDER TO BE CONSIDERED A TOWNHOME IT HAS TO HAVE A LOT LINE, IS ON OWNERSHIP, IT'S NOT A MULTIFAMILY APARTMENT WHERE IT'S A SINGLE LOT WITH MULTIPLE

[01:05:03]

UNITS ALL ON ONE PROPERTY. EACH PROPERTY HAS ITS BOUNDARIES JUST LIKE A SINGLE FAMILY HOME DOES AND ADJUST IN THIS CASE THE PROPERTY LINE MOVES THROUGH A WALL, THAT'S ALL.

>> FOR CLARIFICATION, THE BASE ZONING OF THE PRESERVE IS DH, IS THAT CORRECT? WHICH MEANS THEN THAT ANY UNIT BUILDER IN THE TOWNHOME OR DETACHED HOUSE HAS TO CONFORM TO THE SINGLE-FAMILY DEFINITION OF RESIDENCY.

>> THE BASE ZONING THAT COVERS THE DENSITIES AS WELL AS THE OPEN SPACE OR GARMENTS ANY USE BECOMES CONDITIONAL BUT IT'S WORTH POINTING OUT THAT DDH ZONING DISTRICT EVEN IF IT DOES NOT HAVE DDH IT ALLOWS TOWNHOMES CONDITIONALLY.

>> BUT THE RESIDENCY OF THOSE IS BY SINGLE-FAMILY.

>> BY DEFINITION, THAT'S RIGHT.

>> IN EACH OF THOSE TOWNHOMES.

>> CORRECT. ANY QUESTIONS FROM STAFF?

>> ONE QUESTION I WANT TO MAKE SURE HE UNDERSTOOD YOU CORRECTLY.

AND AT THE PDD ARE TOWNHOMES NOT PERMITTED OR ARE THEY CONDITIONAL USE?

>> THEY ARE ALWAYS CONDITIONAL USE. JUST LIKE THE PREVIOUS CASE YOU HEARD YOU HAD THE CONDITIONAL USE THAT WAS PRESENTED FOR THE BOTTLE ALL USES ARE CONDITIONAL UNTIL THEY ARE APPROVED.

>> I HEARD YOU SAY NOT ALLOWED.

>> THEY ARE NOT ALLOWED ONLY BECAUSE IT NOT BEEN APPROVED YET.

>> THAT'S WHY WANTED TO MAKE SURE I WAS UNDERSTAND CORRECTLY, THANK YOU.

>> MR. SLOCUM YEP SOMETHING YOU WANT TO TELL US?

>> GOOD EVENING, DAVID SLOCUM, REPRESENTING ALBERT, IVORY JJ CLARIFYING SOME FIGURES THAT HAS BEEN OTHER TODAY OR RECENTLY. SOCIAL MEDIA IS A GOOD THING BUT SOMETIMES MISINFORMATION GETS PASSED AROUND AND IT WREAKS HAVOC.

SO, THIS PROPERTY HAS BEEN UNDER CONTRACT BY NIGHT HOMES FOR QUITE SOME TIME.

NIGHT HOMES IS A FAMILY RUN BUSINESS AND THEY FAIRLY RECENTLY DECIDED TO EMERGE WITH AYN RAND BUILDERS. DAN RIND BUILDERS IS A MUCH MORE EXPERIENCE AND LARGER COMPANY. THEY ARE ACTIVE ALL UP AND DOWN THE EAST COAST AND IN THE ATLANTA AREA. DECIDED TO TAKE ANOTHER LOOK AT THIS MASTER PLAN ALONG WITH NIGHT. I THINK IT'S IMPORTANT TO KNOW THAT J AND CHRIS AND I ARE STILL INVOLVED IN THE DAILY OPERATIONS OF THE BUSINESS. THEY ARE IN CHARGE OF THIS DIVISION AND THEY HAVE BEEN BUILDING HOMES HERE IN AUBURN FOR 11 YEARS.

ALL THE SALES STAFF IS THE SAME, ALL THE SUBCONTRACTORS ARE THE SAME, THE FIELD SUPERINTENDENTS ARE THE SAME PEOPLE. SO, WE WERE ASKED TO TAKE ANOTHER LOOK AT THIS MASTER PLAN. THE PREVIOUS PLAN, AS YOU SAW, WAS BASICALLY TO CONTINUE WITH 250 ACRES OF THE SAME 80 FOOT LINES.

THE MAJOR DIFFERENCE IS IN THIS NEW PLAN VERSUS THE OLD PLAN IS A MAJOR INCREASE IN OPEN SPACE, THE ADDITION OF A TOWNHOMES AND A LARGER VARIETY OF SINGLE-FAMILY LOT SIZES.

AS J MENTIONED OPEN SPACE INCREASE FROM A 94 TO HUNDRED 84 184 ACRES.

THAT'S A SIGNIFICANT CHANGE JUST TO PUT THAT IN PERSPECTIVE IF YOU LOOK AT ABOUT 200 TREES FOR EVERY ACRE THAT'S ALMOST 37,000 TREES THAT WILL STILL BE STANDING WHEN THE HOUSE, LAST HOUSE IS BUILT. SO THAT'S OPEN TO ALL THE RESIDENTS IT WILL BE ALL OPEN SPACE LOTS THAT EVERYBODY HAS ACCESS TO. THE TOWNHOMES, IT WAS A

[01:10:04]

ONE-TO-ONE SWAP, SO THERE'S NO INCREASE IN DENSITY. THE TOWNHOME, AT THE ENTRANCE, WILL BE REAR LOADED SO THAT WILL KEEP THE FRONT ENTRY CLEAN NO DRIVEWAYS AND PARKING OUT FRONT. THE TOWNHOMES IN THE CUL-DE-SAC WERE DESIGNED TO BE ISOLATED.

THEY WANT TO TARGET AN OLDER RETIREE TYPE COMMUNITY THERE. SO AS YOU CAN SEE IT IS SURROUNDED BY TREES AND CREEKS IT'S ON A CUL-DE-SAC SHOULD BE A NICE QUIET AREA.

THE TOWNHOMES ARE GOING TO BE THESE LOTS SELECT THE SINGLE FAMILY HOMES.

I THINK THERE HAS ALSO BEEN SOME COMMENTS GOING AROUND ABOUT INCREASING TRAFFIC AND SO FORTH THAT'S AND TO BE EXPECTED BASED ON THE OTHER MISINFORMATION THAT WAS OUT THERE. THERE WILL BE A NEW TRAFFIC STUDY, THAT WILL BE COMPLETED SOON AND THE TRAFFIC ENGINEER HAS REVIEWED THIS NEW PLAN AND BASED ON THE FACT THAT TOWNHOMES GENERATE 30 TO 40 PERCENT LESS TRAFFIC THAN A SINGLE-FAMILY THEN WE ARE EXPECTING TO SHOW A REDUCTION IN OVERALL TRAFFIC FOR THIS NEW TRAFFIC STUDY.

I AM PROUD TO STAND HERE AND PRESENT THIS TO YOU. I FEEL LIKE THIS IS A MUCH BETTER PLAN. THERE'S BEEN A LOT OF TIME INVOLVED IN A LOT OF THOUGHT PUT INTO IT, TO THIS NEW PLAN. I HOPE THAT YOU WILL SEE ALL THE POSITIVE FACTORS THAT ARE A PART OF IT. I'M GLAD TO ANSWER ANY QUESTIONS.

>> ONE A QUICK QUESTION, WILL THESE RESIDENCIES BE PART OF THE HOMEOWNERS ASSOCIATION?

>> I KNEW THAT WOULD COME UP AND I ASKED THAT, THEY SAID IT STILL UNDECIDED.THEY ARE STILL CONSIDERING OPTIONS THERE'S GOING TO BE A NUMBER OF DIFFERENT AMENITY AREAS SO I AM NOT SURE IF IT WILL BE OR NOT. WHAT OF THE OWNERS MENTIONED TODAY IT WOULD BE A SUB ASSOCIATION, THEY PROBABLY KNOW MORE ABOUT THAT I DON'T GET INVOLVED IN THAT PART OF IT BUT THAT'S ALL I CAN TELL YOU.

>> BY THAT IN HIS LIKE AUGUSTINE, LIKE ALL OF THOSE THAT ARE WITHIN IT.

SO SOME PEOPLE LIKE TO PULL EACH SECTION OUT AND HAVE THEIR OWN ASSOCIATION.

>> THAT'S UNDERSTANDABLE I WAS TRYING TO CLARIFY IN MY OWN MIND THE AMENITIES HOW YOU SHARE AMENITIES IN THE PRESERV .

>> I AM NOT SURE.

>> THIS REQUIRES A PUBLIC HEARING SO WILL OPEN THE PUBLIC HEARING AT THIS TIME SO IF ANYBODY WOULD LIKE TO COME AND SPEAK ON THE PRESERVE PDD AMENDMENT, PLEASE COME FORWARD.

>> A POINT OF ADMINISTRATIVE CLARIFICATION. I HAD MENTIONED THAT THE RESIDENTIAL, EVERYTHING HAS TO BE THROUGH A CONDITIONAL USE PROCESS, RESIDENTIAL USE IS IN THE PDD'S THEY DON'T NEED A CONDITIONAL USE HOWEVER THEY DO HAVE TO BE SPECIFICALLY APPROVED THROUGH THE AMENDMENT PROCESS. SO JUST TO CLARIFY.

>> COME ON UP IF YOU WOULD LIKE TO SPEAK WHEN YOU'RE DONE SPEAKING PLEASE SIGN IN.

AND GIVE US YOUR NAME AND ADDRESS TO START IF YOU DON'T MIND.

>> 2016 MOHICAN DRIVE SO I'M IN THE PRESERVE. I'VE BEEN THERE FOR A YEAR.

WE MOVED INTO THE RESIDENCE SPECIFICALLY OUT OF THE AU CLUB BECAUSE IT WAS A SINGLE-FAMILY DWELLING. WE HAD HOUSES, WE HAVE THE AU CLUB WITH THE TOWNHOMES IT'S JUST NOT WHAT WE WANTED TO SEE. EVIDENTLY, THEY HAVE BEEN PLANNING THIS FOR A LONG PERIOD OF TIME AND THEY HAD NOT TOLD ANY RESIDENTS ABOUT UP UNTIL RECENTLY WITH THE PLANNING

[01:15:02]

COMMISSION. IF THEY WANTED OUR INPUT YOU WOULD THINK THAT THEY WOULD'VE ACTUALLY REACHED OUT TO THE PEOPLE WHO ARE LIVING THERE BECAUSE I DON'T THINK ANY OF THOSE PEOPLE LIVE THERE. I DON'T KNOW ANYTHING ABOUT DAN RYAN HE RECENTLY PURCHASED IT FROM EASTBROOK BUT AS FAR AS WHERE WE LIVE WHAT WE WANTED WE MOVED INTO THE NEIGHBORHOOD SPECIFICALLY FOR THAT REASON. YOU GUYS ARE DOING THIS I DON'T KNOW IF ANY OF YOU LIVE IN THE PRESERVE BUT YOU'VE GOT SOMETHING THAT IS CHANGING WITHOUT ASKING ANY OF THE RESIDENTS WHAT WE THINK ABOUT IT. THERE'S NOT BEEN A PUBLIC HEARING BESIDES THIS WE CAN ACTUALLY HAVE A TALK WITH THE OWNERS OR ANYONE ELSE.SO, I ASKED FOR YOU GUYS AND TO LOOK AT IT FROM A RESIDENTS PERSPECTIVE FROM A PEOPLE HAVE SPENT A LOT OF MONEY AND A LOT OF TIME LOOKING FOR A HOME IN A SINGLE-FAMILY DWELLING THAT THEY'RE ALL OF A SUDDEN GOING TO CHANGE THAT. NO PROBLEM NOT KNOWING IF THE HOA IS GOING TO COVER IT. ARE THEY GOING TO BE PART OF OUR CLUBHOUSE? HOW DOES THAT WORK EXACTLY. EVIDENTLY, THEY DON'T KNOW. BECAUSE THEY TOLD US THEY DON'T KNOW. SO BEFORE YOU GUYS PASS IT I WOULD LIKE TO HAVE A BETTER UNDERSTANDING OF WHAT THAT LOOKS LIKE FOR THE RESIDENTS OF OUR PRESERVE.

THANK YOU.

>> MR. CHAIRMAN. I JUST FEEL LIKE MAYBE MAKING A COMMENT ON THIS HOA AND AMENITIES. I WAS NOT HERE WHEN THIS WAS ALL APPROVED BUT IN MY EXPERIENCE YOU GET PDD ALL THE LAND WITHIN THAT HUD WOULD BE ABLE TO SHARE THE AMENITIES IN THE COMMON OPEN SPACE IN THOSE TYPES OF THINGS.TO DO OTHERWISE I THINK WOULD REQUIRE YOU AND THE CITY COUNCIL TO THROUGH THE EMINENT PROCESS TO EXCLUDE THE LAND FROM THE PDD.

I'VE SEEN IN THE PAST WERE SOMEBODY YOU GO THROUGH A RECESSION THIS PIECE OF LAND THERE IT SET FOR 10 YEARS AND SOMEONE ELSE HAS BOUGHT IT, THE BANK SOLD IT OR SOMETHING LIKE THAT AND THEY WANT TO DEVELOP IT OTHER THAN THE PDD. I WOULD LIKE TO THINK THAT THIS IS STILL PART OF THE PDD AND WHETHER YOU CHANGE THE USE FROM ONE THING TO ANOTHER ONE AT RESIDENTIAL FORM TO ANOTHER THAT OUGHT TO BE PART OF THE SAME PDD AND PART OF THE ABILITY TO SHARE IN THE AMENITY, THE OPEN SPACE WHATEVER THAT MAY BE.

IF THERE'S AN ATTENTION TO OTHERWISE YOU WANT TO BRING THAT TO ENSURE THAT WITH YOU AND THE CITY COUNCIL.

>> ANY QUESTIONS?

>> GOOD EVENING MY NAME IS KURT I OWN THE HOUSE AT 2132 W. FARMVILLE ROAD WHICH IS IN SECTION 2 OF THE VERY FRONT OF THE PRESERVE. THERE IS A BIT OF CONFUSION OR THERE WAS A BIT OF CONFUSION I MAY HAVE BEEN THE SPREADER OF THE BAD NEWS OR THE DEFINITION OF THE TOWNHOME UNIT IS THE ENTIRE BUILDING NOT THE INDIVIDUAL UNITS SAYING THAT WHEN BUILDING IS EXTRA FOR UNITS NOT ONE. I APOLOGIZE FOR THAT IF THAT CAUSED THE BUILDERS AN ISSUE. ONE OF THE THINGS I DID, WHY I BOUGHT THE PRESERVE WAS ORIGINALLY THE PRESERVE WAS A RETIREMENT COMMUNITY FOR ASSISTED LIVING THAT'S WHY THE LOTS ARE SO SMALL AND THEY'RE ALL SINGLE FAMILY, SINGLE FLOOR HOUSES.

EASTBROOK HAD A SPECIFICALLY DESIGNED THAT FLOOR FOR PEOPLE WITH DISABILITIES DISABLED THAT IS ONE OF THE REASONS I BOUGHT THERE AND I WAS GOING TO MY FATHER MOVING THERE AND MY MOTHER-IN-LAW BUT MY FATHER PASSED AWAY FROM COVID THIS YEAR.

THAT KIND OF FELL THROUGH. IN THE PROCESS OF ACTUALLY CLOSING ON A HOUSE.

SO WHAT EASTBROOK HOMES AND NIGHT HOMES ORIGINALLY ADVERTISED WAS BEDROOM COMMUNITY, SINGLE-FAMILY HOUSES, ON A LARGE LOTS AND WITH THE STATE LOTS OF THE FRONT SIDE OF THE PROPERTY. THERE WAS NO MULTIUSE STUFF THERE WAS NO APARTMENTS, THERE'S NOT, THERE'S NOT SUPPOSED TO BE GAME DAY HOUSIN .

BUT, ONCE NIGHT HOMES AND EASTBROOK HOMES DECIDED THAT THEY'RE GOING WITH THE DAN RYAN THE RESIDENTS WEREN'T EVEN INFORMED. IT WAS ONE DAY I CALL UP EASTER COMES AND THEY SAID OH, WE DON'T OWN THAT ANYMORE, NOT OUR PROBLEM.

YOUR WARRANTY IS STILL GOOD BUT ANYTHING THAT WE TOLD YOU THAT WAS GOING TO GO GOOD YET TO TALK TONIGHT HOMES OR DAN RYAN WE ARE TOTALLY OUT OF IT. SO THE GUARANTEES THAT WE GOT ORIGINALLY FOR LARGE CUSTOM HOUSES ON A LARGE LOTS IS NOW COMPLETELY GONE.

WHERE THERE WAS CUSTOM HOMES WITH EASTBROOK AND NIGHT HOMES DAN RYAN'S HOMES IF YOU LOOK ON THAT MAP NEAR THE BOTTOM CORNER ON THE LEFT SIDE ONE ENTIRE STREET THEY STARTED CHECKING UP

[01:20:10]

SPEC HOUSES. IF THE SAME EXACT BUILDING WITH 25 ON EACH SIDE OF THE ROAD.

SO A CUSTOM HOME GUARANTEE OR PROMISE WE GOT FROM EASTBROOK AND NIGHT HOMES IS GONE.

THEY ARE PUMPING UP A BUNCH, THE OF A BUNCH OF FOR-SALE SIGNS ON THE FRONT LIKE COME BY THE SUM AND I HAVE A DOZEN REAL ESTATE AGENTS ARE JUMPING AND TRYING TO GET IT SOLD.

THE INTENT WAS THAT IS NOT WHAT WE BOUGHT INTO NOR WAS THE ORIGINAL COUNCIL DECISION TO MAKE THAT THE WAY IT WAS OWNED. ADDITIONALLY, WITH THE CONDO/TOWNHOMES THOSE BUILDINGS ARE NOT GOING TO BE ADA COMPLIANT BASED ON THESE MULTIFAMILY MULTISTORY BUILDING. MY FATHER WAS IN A WHEELCHAIR HOW IS HE SUPPOSED TO GET TO THE SECOND FLOOR? POTENTIALLY, THEY SAY IT'S FOR SENIORS, YOU CAN'T PUT A MULTI FAMILY MULTISTORY BUILDING FOR SOMEONE IN THEIR 70S OR 80S THAT HAS TOGO UP THE STAIRS ALL THE TIME .THAT'S NOT CONSIDERED A SENIOR FRIENDLY. THE BULLETS WERE ALL ORIGINALLY DESIGNED THAT WERE 88 COMPLIANT TO BE SINGLE STORY ADA COMPLIANT SO SENIORS DO NOT HAVE TO TAKE CARE OF PROPERTIES OR GET SOMEONE TO MOW THEIR LAWN.

SO THAT'S KIND OF WHAT THE INTENT WAS. THE OTHER ISSUE THAT THEY DO HAVE IS THAT THE WAY THE THING IS DESIGNED RIGHT NOW BOTH SIDES OF THE PRESERVE DON'T ACTUALLY CONNECT. SO THERE IS SECTIONS, IT'S NOT REALLY SHOWN WELL, BUT THEIR MULTIPLE LEGS INSIDE OF THE PRESERVE SO YOU CAN GET FROM ONE SIDE OF THE PRESERVE TO THE OTHER WITHOUT GOING BACK ON TO FARMVILLE ROAD. SO THAT'S ONE OF THE THINGS THEY DON'T SHOW. INITIALLY, THE CONNECTION TO WHATEVER IT'S CALLED, PEARSON FARMS OR THE NEW PLACE OVER THERE, IS ONLY GOING TO INCREASE TRAFFIC IN THE NEIGHBORHOOD BECAUSE IT'S PRETTY DEEP AND IT'S PRETTY MUCH WIND THROUGH THE ENTIRE THING TO GET WAY BACK TO WHERE THOSE CONDOS ARE GOING TO BE. SO THEY CAN BE DRIVING THROUGH SOMEONE ELSE'S NEIGHBORHOOD TO GET TO THEIR HOUSE WHICH OUR BUILDERS THAN PUTTING A BONUS ON RIVERS MINOR SINUS HOMES IN SAINT DON'T WORRY ABOUT THE TRAFFIC AND EVERYTHING ELSE WE ARE NOT GOING TO SIGN OFF ON THAT. THOSE ARE MY CONCERNS IF YOU HAVE ANY QUESTIONS. AND I DO OPPOSE IT.

>> ANY ONE ELSE LIKE TO SPEAK ON THIS ITEM?

>> MY NAME IS JORDAN DRUMMOND I MET 2320 RED LANE I CLOSE TO MY HOME FOUR MONTHS AGO ALMOST TO THE DAY. WHEN HE PURCHASED HER HOME WE WERE IN SECTION 4 WE JUST PURCHASED AND OUR NOW LOT BACKS UP TO PARTS OF THIS NEW AREA. WHEN WE BOUGHT OUR HOME AND ASKED THE QUESTIONS THEY WERE SINGLE FAMILY HOMES SO THAT'S WHAT I'M GOING TO SEE AND THAT'S WHERE MY CHILDREN ARE GOING TO BE. SO I FEEL LIKE I'VE GOTTEN A LITTLE BIT OF A BAIT AND SWITCH BECAUSE WE PURCHASED OUR HOME THROUGH EASTBROOK AND WE DIDN'T GET TO CLOSE IN OUR HOME AND THEY HAD SOLD OUT TO DAN RYAN. I REALIZE THAT SOME OF THOSE THINGS HAPPEN BUT THERE IS OTHER PEOPLE HERE TONIGHT THAT THEY FELT LIKE THEY SPENT THEIR HARD-EARNED MONEY ON SOMETHING AND NOW IT'S GOING TO BE DIFFERENT.

I WOULD SAY THAT HOA CLARIFICATION IS GOING TO BE REALLY IMPORTANT TO A LOT OF THE CURRENT RESIDENTS. THERE'S A LOT OF PIECES WHEN IT COMES TO TOWNHOMES AND COVENANTS AND HOA THAT OUR CURRENT COVENANTS ARE NOT GOING TO COVER.

WHO IS GOING TO, IS ALL THE LAWN MAINTENANCE GOING TO BE THE SAME SO THEY LOOK THE SAME AND THE CONSISTENT SO THEY STAY NICE? THERE'S SO MANY PIECES OF AN HOA COVENANT THAT GOVERNS TOWNHOMES THAT'S NOT IN EXISTENCE TODAY.

AND SO, THOSE ARE THE THINGS THAT I HAVE CONCERNS WITH THAT I KNOW MY NEIGHBORS HAVE CONCERNS WITH AND I TOUCH MY NEIGHBOR DOWN THE ROAD AND THEY MOVED OUT OF THEIR CURRENT

[01:25:05]

NEIGHBORHOOD, THEIR OLD NEIGHBORHOOD, BECAUSE TOWNHOMES WERE GOING UP.

THEY NOT BEEN IN THEIR HOME A YEAR AND HERE WE GO AGAIN. SO I HATED FOR THEM, AND HATED FOR MY FAMILY AND I THINK FOR THE CURRENT RESIDENTS TO GET BEHIND THIS AND UNDERSTAND AND ACCEPT THIS THERE'S GOING TO BE A LOT OF EDUCATION THAT HAPPENS.

BECAUSE RIGHT NOW, WE FOUND OUT BECAUSE THERE WAS A SIGN IN FRONT OF THE NEIGHBORHOOD.

IT SOUNDS LIKE THEY DON'T HAVE A LOT OF ANSWERS THAT WE NEED TO UNDERSTAND TO GET ON BOARD WITH.

>> ANYONE ELSE? OKAY I'M IN A CLOSE THE PUBLIC HEARING AT THIS TIME.

I WILL JUST MAKE ONE COMMENT BEFORE WE DELIBERATE HERE IS THAT HOMEOWNERS ASSOCIATIONS ARE NOT BEFORE US WE DON'T HAVE A CALL ON THOSE. THOSE ARE BASICALLY BUILT AND WORKED BETWEEN THE BUILDERS/DEVELOPERS AND THE PEOPLE THAT BUY THE HOUSES THERE. WE REALLY DON'T HAVE, THAT'S NOT PART OF OUR DECISION PROCESS, I'M AFRAID. QUESTIONS, MOTIONS? COMMENTS?

>> MR. SLOCUM, THIS AREA THAT IS PROPOSED TO BE MORE DENSE HAS ITS OWN ENTER AND EXIT?

>> YES, THERE ARE TWO MORE ENTRANCES OR ACTUALLY THE EXACT LOCATION THEY WERE BEFORE.

YES, TWO MORE ENTRANCES ON FARMVILLE ROAD AND TRAFFIC WOULD BE EXPECTED TO TAKE THE SHORTEST ROUTE, NATURALLY.

>> I KNOW THE TOWNHOMES DON'T NECESSARILY HAVE TO BE MULTISTORY BUT IN THE RETIREMENT SIDE OF THAT FROM A CALMING OF THE GROUP IS THAT A POTENTIAL?

>> TOWNHOMES DO NOT HAVE TO BE TWO-STORY. I ALSO I FORGOT TO MENTION EARLIER THEY WOULD BE SOLD NOT RENTED SO THERE BE SOLD TO ONE FAMILY JUST LIKE A SINGLE FAMILY HOUSES.

>> I ACTUALLY HAVE A QUESTION, TOO. WHEN YOU TALKED ABOUT THE NEW BUILDER BOUGHT THE LAND FROM EASTBROOK AND THEY WANTED TO READ LOOK AT THIS, WHAT WAS, IS THIS MORE OF THEIR PRODUCT MODEL WHAT WAS THE THOUGHT PROCESSES BEHIND WHY THEY WANT TO CHANGE THE ORIGINAL PDD?

>> THEY WANTED TO BE MORE DIVERSE PRODUCT TO SERVE A LARGER CROSS-SECTION OF THE COMMUNITY RATHER THAN HAVING ANOTHER 200 ACRES OF VISIT EXACT SAME THING.

>> I THINK IT SPEAKS TO AFFORDABILITY IN OUR AREA, PERSONALLY.

I KNOW THAT HAS TO HAVE SOME SORT OF BENEFIT IN THE FACT THAT KEEPING THE TREES IS BENEFICIAL.

>> I THINK THAT'S GREAT ABOUT THE AFFORDABILITY PIECE. I HEARD FROM SOMEBODY RECENTLY YOU CAN CORRECT ME IF I'M WRONG BUT THE STARTING SINGLE-FAMILY HOME IN AUBURN IS OVER 300 K AND I I DON'T KNOW THE PRICE OF THESE BUT I GOTTA BELIEVE IT'S NOT GOING TO BE AS MUCH IT JUST GIVES US A LITTLE MORE HOUSING STOCK TO SELL TO PEOPLE THAT CAN'T AFFORD 300.

>> I THINK THE OPEN SPACE IS A POWERFUL ARGUMENT AND IS DIFFICULT FOR ME NOT TO GET ON BOARD WITH THAT. BUT, THE P AND PDD STANDS FOR PLAN AND TO ME IT'S PRESENTED SO THAT EVERYONE KNOWS WHAT TO EXPECT ESPECIALLY THE PEOPLE WHO ARE BUYING HOMES IN THAT DEVELOPMENT AND THAT IN MY MIND IS A PROMISE. AS MR. DRUMMOND SPOKE FOUR MONTHS AGO SHE BOUGHT HER HOUSE AND NOW SHE FINDS HERSELF IN A POTENTIALLY COMPLETELY DIFFERENT SITUATION AND I DON'T THINK THAT THAT IS APPROPRIATE. TOWNHOUSES THEY MIGHT BE A GREAT AFFORDABLE OPTION BUT I DON'T BELIEVE THEY GO IN A PLAN THAT WAS OFFERED TO ALL OF THE HUNDREDS OF CURRENT HOMEOWNERS AS A TRADITIONAL SINGLE-FAMILY RESIDENCES.

I DON'T THINK THAT IS FAIR TO ANYONE WHO HAS INVESTED AND WHO BOUGHT INTO SOMETHING THAT IS NOW TAKEN FROM THEM.

>> I TEND TO CONCUR WITH WHAT YOU JUST SAID. I AM SPLIT ON BOTH SIDES.

[01:30:02]

I DEFINITELY HAVE EMPATHY FOR THE SPEAKERS THAT CAME THAT LIVE IN THAT AREA.

I GUESS THE REASONING FOR THE CHANGE IS IN THE PDD, THE REASON FOR THE CHANGE SOUNDS TO ME LIKE BASICALLY MAKE MORE MONEY.HAT SEEMS TO BE WHAT I HEARD.BUT I DO LIKE THE IDEA OF THE OPEN SPACE AND AS FOR AS THE DENSITY GOES I THINK YOU PROBABLY WILL BE A REDUCTION IN TRAFFIC POSSIBLY OVERALL. I'M KINDA MIXED ON IT BUT I DEFINITELY DO I UNDERSTAND THE ARGUMENT ABOUT THE BAIT AND SWITCH FEELING.

>> I AGREE, I'M DEFINITELY ON BOARD WITH MORE GREEN SPACE AND TREES AND ALL THAT BUT I HAVE TO CONCUR WITH HER THAT PLANET MEANS A PLAN AND I'M THINKING THE SAME THAT WE HAVE TO SUPPORT A PLAN IF THAT'S THE PLAN.

>> I WOULD ALSO ADD I FEEL LIKE EVERY SINGLE DEVELOPMENT THAT WE HAVE SEEN IN THE PAST SEVERAL MONTHS INCLUDES A TOWNHOUSE COMPONENT WHICH IS GREAT FOR AFFORDABLE HOUSING.

AND SO, WE ARE SEEN MORE OF THAT THAT'S MORE AND MORE COMMON SO IT'S GOOD WE HAVE THAT VARIETY OF PRODUCTS. BUT AN EXISTING OLDER NEIGHBORHOOD IN THE GRAND SCHEME OF NEIGHBORHOODS THAT DO NOT INCLUDE THAT, I THINK SHOULD NOT INCLUDE THAT.

>> I THINK AS TIME GOES ON AND CONDITIONS CHANGE DEVELOPERS HAVE AN OPTION TO MAKE A CHANGE. I THINK THAT IS BENEFICIAL TO THEM AND OVERALL CAN BE A BENEFIT TO THE PROCESS BUT I DON'T BELIEVE WHAT'S BEEN PROPOSED IS BETTER THAN WHAT HAS BEEN ORIGINALLY DONE. IF THE DEGRADATION AND WHAT WE HAD APPROVED BEFORE.

I'M REALLY SO PATHETIC TO THE IDEA THE PLANET THAT WE APPROVE WAS A PROMISE OF WHAT THEY WANTED TO DO IF THEY WANT TO IMPROVE IT AND EVERYBODY'S OPINION I THINK THEY HAVE THE OPPORTUNITY TO DO THAT BUT I DON'T THINK THIS IS AN IMPROVEMENT OVERALL.

>> I AM STRUGGLING WITH THIS BECAUSE WHAT WE HAVE IS A VERY LARGE PDD.

THESE TOWNHOMES THAT HE IS REPRESENTING HERE ARE ALONG AWAY FROM SOME OF THE PEOPLE THAT ARE OPPOSED TO THEM. THEY ARE NOT IN CLOSE PROXIMITY TO THE TOWNHOMES.

ANOTHER THING THAT COMES TO MY MIND WE KEEP THROWING AROUND THE SINGLE FAMILY WHEN WE REALLY MEAN SINGLE-FAMILY DETACHED. BECAUSE OF THE ZONE AT THIS IS AN THESE ARE SINGLE-FAMILY DETACHED BUILDINGS, UNITS. THEY ARE SINGLE-FAMILY SO IT'S NOT A MATTER OF BRINGING IN ANY MORE UNITS TO THE PROJECT. OR BRINGING IN ANY MORE FAMILIES OR ANY MORE TRAFFIC. IT'S INTERESTING TO SEE HERE WHAT THE INDUSTRY SAYS ABOUT TOWNHOMES GENERATING LESS THAN SINGLE-FAMILY DETACHED HOUSES. SO I AM REALLY STRUGGLING AND IT HAS ITS OWN ENTRANCE SO THE CONCERN FOR THEM AT WINDING THROUGH THESE OTHER PHASES OF THE SUBDIVISION IS MINIMAL I WOULD THINK. ANOTHER THING THAT KEEPS GOING THROUGH MY MIND IS IN ADDITION TO MANY OF THESE HOMES THAT PEOPLE MAY BE CONCERNED ABOUT ARE NOT IN CLOSE PROXIMITY THE ONLY PEOPLE THAT, ACCORDING TO THIS MAP, IS PHASE 6 A WHICH IS COMPLETE. THAT'S THE, THOSE ARE THE ONLY LOTS THAT ARE ANYWHERE NEAR AND THEY ARE NOT ADJACENT TO THE TOWNHOMES. THE PHASE 6B IS NOT TO BE COMPLETED UNTIL 22 SO ANYBODY THAT WOULD BUY THEIR WAY TO KNOW THAT THERE ARE TOWNHOMES THERE.SO THIS IS A TOUGH ONE FOR ME. BUT I DON'T SEE THE DAMAGE DONE TO THE VALUE OF THE PROPERTY OF THE PEOPLE WITH A SINGLE-FAMILY TOWNHOMES ARE BUILT HERE AS OPPOSED TO THE SAME NUMBER OF SMALL LOTS SINGLE-FAMILY DETACHED HOUSES.

>> YOU ARE CORRECT THERE IS NO EXISTING HOME THAT WOULD BE VISUALLY WITHIN DISTANCE ANYWHERE CLOSE TO SEEN THE TOWNHOMES NOR WOULD THEY EVER HAVE A REASON TO DRIVE THROUGH

[01:35:09]

THE TOWNHOMES UNLESS THEY JUST WANTED TO GO OUT THAT WAY FOR SOME REASON.

THE TOWNHOMES ARE COMPLETELY SURROUNDED BY ALL NEW LOTS WHICH THOSE PEOPLE WOULD SEE THE PLAN AND KNOW THERE ARE TOWNHOMES THERE.

>> CAN YOU PUT THOSE PHASES BACK, PLEASE? PUBLIC HEARING IS CLOSED.

ANY FURTHER COMMENT ARE DOING ONE OF A MOTION TO VOTE?

>> FOR THE PURPOSES OF APPRAISING IT THE WEIGHT THAT WE HAVE BEEN ADVISED I WILL MOVE IT TO APPROVE PL 2021 - 6 .

>> SECOND. WEXLER THE MOTION AND SECOND LET'S DO RECALL ON THIS.

>> WITH CONDITIONS.

>> BRIDGES >> NOTE

>> CHANSLER >> YES

>> JAGER >> NO

>> NO >> MARSHALL

>> NO >> MCCORD

>> NOTE >> REESE

>> YES >> RITENBAUGH

>> YES >> BIRMINGHAM

>> NO >> IT'S 5 TO 4 AGAINST.

[12. Old Samford Rezoning PUBLIC HEARING PL-2021-00634]

>> MOTION FAILS. CAN WE MOVE ONTO ITEM NUMBER 12.

NOW ITEM NUMBER 12 AND ITEM NUMBER 13 WE WERE NOTIFIED THEY WANT TO BE POSTPONED.

>> WAIVER REQUEST FROM THE PROPERTY OWNER AND APPLICANT TO DEFER OR POSTPONE IT TO THE NEXT MEETING WHICH IS 11 NINE.

>> I WILL MAKE A MOTION FOR ITEM NUMBER 12 WHICH IS OLD SAMFORD REZONING PL 2021 - 00 64 TO POSTPONE TO A DATE CERTAIN TO NOVEMBER NINTH.

>> SECOND.

[13. Old Samford PDD PUBLIC HEARING PL-2021-00635]

>> MOTION A SECOND ALL THOSE IN FAVOR SAY AYE.

>> AYE.

>> ALL THOSE OPPOSED SAY NUMBER MOTION CARRIES WE WILL POSTPONE NUMBER 12, ITEM 13 OLD SAMFORD PDD THIS IS PL 2021 - 00635 AND I MAKE A MOTION TO POSTPONE THAT UNTIL DATE CERTAIN NINE

[14. Sutherland Rezoning PUBLIC HEARING PL-2021-00638]

NOVEMBER.

>> SECOND

>> MOTION A SECOND ALL THOSE IN FAVOR SAY AYE.

>> AYE >> OPPOSED SAY NO, MOTION CARRIES . ITEM NUMBER 14. THIS IS THE SUTHERLAND REZONING FROM RURAL TO DEVELOPMENT DISTRICT HOUSING DDH. THIS IS PL 2021 - 638.

>> THIS IS A REQUEST BY THE PROPERTY OWNER DONAHUE LAND LL .

THIS PROPERTY IS ON THE CONSENT AGENDA REQUEST FOR ANNEXATION SO REFER TO CITY COUNCIL.

THE SUBJECT PROPERTY IS SHOWN HERE IN EXHIBIT IT CONSISTS OF NEW LAND THAT IS CURRENTLY IN THE UNINCORPORATED COUNTY AS WELL AS SOME PORTION OF LOTS THAT WERE PREVIOUSLY ANNEXED AND REZONED BUT WERE CHANGE IN THE PLAT WERE NOT RECORDED INTO THE CITY LIMITS SO IT CLEANS UP THAT AND ALSO REQUESTING SIX ACRES TO BE REZONED FROM RURAL TO DEVELOPMENT DISTRICT HOUSIN . IT IS A SUBDIVISION PLAT THAT FOLLOWS THIS REQUEST AND I JUST WANT TO RECOMMEND APPROVAL OF THE REZONING THE TDH, IT'S RHONDA BY DH SO IT'S A LOGICAL REZONING REQUEST. WE WANT TO POINT OUT THE ANY DEVELOPMENT THAT ARE REZONED TO DDH TO REQUIRE AVAILABILITY OF UTILITIES INCLUDING WATER AND SEWER.

IF IT'S DEVELOPED IT WILL BE REQUIRED TO CONNECT INTO THE SEWER.

HAPPY TO ANSWER ANY QUESTIONS. I BELIEVE THE PROPERTY OWNER IS HERE.

[01:40:04]

>> WOULD YOU LIKE TO SPEAK? >> NO COMMENT.

>> THANK YOU, SIR. OKAY, THIS REQUIRES A PUBLIC HEARING SO I WILL OPEN THE PUBLIC HEARING AT THIS TIME IF YOU LIKE TO SPEAK ON IT THE REZONING OF THE SUTHERLAND REZONING PLEASE COME FORWARD. SEE NO ONE I WILL CLOSE PUBLIC HEARING.

QUESTIONS, COMMENTS, MOTION? >> MOVED TO APPROVE PL 2021 - 638 FORWARD TO CITY COUNCIL WITH RECOMMENDATIONS FOR APPROVAL.

>> A MOTION IN A SECOND ANY DISCUSSION?

>> ALL THOSE IN FAVOR SAY AYE >> AYE

>> ANY OPPOSED SAY NUMBER MOTION CARRIES. THE NEXT ITEM IS ALSO RELATED

[15. Sutherland Subdivision, 2nd Redivision of Lot 2 PUBLIC HEARING PL-2021-00643]

TO SUTHERLAND SUBDIVISION THIS IS A SECOND REDIVISION OF A LOT IN THE SUBDIVISION.

THIS IS PL 2021 - 643.

>> THIS IS A PRELIMINARY PLAT REQUEST FOR A FIVE LOT CONDITIONAL SUBDIVISION.

I BELIEVE LAST YEAR YOU APPROVED REZONING ANNEXATION REZONING OF A LOT THEY DON'T SHOW UP ON THE MAP BUT LOTS ALONG SUTHERLAND LANE EXTENDING THROUGH THAT PLATTING PROCESS.

THE PROPERTY OWNER IS PROPOSING THIS SUBDIVISION LAYOUT THAT WOULD TERMINATE IN A CUL-DE-SAC AND BASED ON THE SUBDIVISION REQUIREMENTS STAFF IS RECOMMENDING A CONNECTION BE PROVIDED FOR THE ADJACENT LAND WHICH ARE UNDEVELOPED IN THE COUNTY.

THE PROPERTY IS WITHIN THE BOUNDARY AND SORRY ABOUT THAT. PART B OF THE SUBDIVISION REGULATION IT REQUIRES THAT A SUBDIVISION PLAT PROVIDE A CONNECTION TO ADJACENT DEVELOPED PROPERTIES. BASED ON THAT STAFF IS RECOMMENDING DENIAL OF THIS SUBDIVISION PLAT IT DOES NOT MEET THE SUBDIVISION'S REQUIREMENT SPECIFICALLY THAT SECTION IS ALSO REFERENCED IN YOUR STAFF REPORT. IF THE PROPERTY OWNER IS REQUESTING A POSTPONEMENT TO REVISE THAT STAFF WOULD BE AMENABLE TO THAT AS WELL.

HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE.

>> OKAY, THANK YOU.

>> I AM TIME HALEY AND BRETT COULD NOT BE HERE TONIGHT. I WANT TO GIVE FEEDBACK IF YOU LOOK JUST TO THE NORTH OF THIS YOU WILL SEE FIVE LOT SUBDIVISION RIGHT ABOVE IT THAT WAS APPROVED WITH YOU GUYS A YEAR AGO, LESS THAN A YEAR AGO. OFF OF WHISKEY RUN ROAD.

I NOTE THIS LOOKS AWKWARD ON THIS DESIGN HERE THIS IS OUR FIVE LARGE LOTS, ONE ACRE LOTS ENDING IN A CUL-DE-SAC. WHEN SUTHERLAND TO THE WEST THERE IS FIVE LOTS ON EACH SIDE

[01:45:02]

OF THE ROAD. WE MET THESE NEIGHBORS TO THE WEST THEY WERE PRETTY ADAMANT ABOUT THESE NOT GOING THROUGH. I TOLD HIM IT WAS A CUL-DE-SAC JUST LIKE WE DID WHISKEY BUT I CANNOT, SO WE DREW THE CUL-DE-SAC LIKE WE TOLD THEM AND THAT'S WHERE WE ARE.

WE WOULD PREFER TO PUT THE CUL-DE-SAC IN. THERE'S LOTS OF CUL-DE-SACS THROUGHOUT THIS PROJECT. THERE IS A DOZEN WAYS TO GET IN AND OUT OF THIS SUBDIVISION WITHOUT GOING THROUGH WHAT HAS BEEN DETERMINED TO BE 52 ACRES OF A FLOODPLAIN.

WHEN WE BOUGHT THIS PROPERTY IT WAS A 13 ACRES OF FLOODPLAIN. NOW IT'S 52 ACRES OF FLOODPLAIN SEWER IS A LONG WAY AWAY AND THAT IS WHY THAT WAS A CIRCUMSTANCE FOR MAKING THESE LARGER LOTS TO BUFFER. BEING PRETTY FAMILIAR WITH THE DONAHUE I'M NOT SURE JOINING DONAHUE IS ANYWHERE IN THIS AREA IS SMART TO DO. MAYBE THERE WILL BE DESIGN CHANGE BUT I WAS GOING TO GIVE FEEDBACK FROM YOU GUYS WE WOULD LIKE TO PUT THE CUL-DE-SAC IN.

PLANNING RECOMMEND WE DON'T. SOMEBODY WANT TO ENGINEER AND TELL ME HOW THESE DRAWINGS ARE SAFE AND WHO'S GOING TO DO THA , I GUESS WE'RE ALL EARS BUT I THINK WERE GONNA ASK TO PUT THE CUL-DE-SAC IN WHICH WOULD BE EXACTLY WHAT WE DID. I THINK IN ADDITION A DETERMINATION TO CAMDEN RIDGE.

>> WHAT I'M HEARING IS YOU WOULD LIKE TO PUT THE CUL-DE-SAC IN BUT YOUR AMENABLE TO TALKING TO SOMEONE THAT CAN CONVINCE YOU OTHERWISE, DOES THAT MEAN YOU WANT TO POSTPONE?

T >> IT'S SO NEEDS TO BE A LARGER LOT TO MAKE THAT WORK.BUT WE ARE NOT GOING TO GET INTO AN ARGUMENT I'M JUST GONNA THROW ALL THE FACTS TO YOU GUYS AND LET YOU DECIDE I GUESS A TICKET TO CITY COUNCIL I'VE BEEN AT ENOUGH CITY COUNCIL MEETINGS TO SEE THAT THEY ADHERE TO COMPLAINTS FROM THE NEIGHBORHOOD SO I THINK YOU ALL SEEN SOME OF THOSE. I'M JUST LANE ABOUT LAYING IT OUT AND GET YOUR EXPERIENCE ADVICE.

>> WHAT PART OF THIS, DO WE HAVE A FLOODPLAIN MAP AVAILABLE?

>> WE DO NOT BUT GENERALLY WE CAN SEE.

>> IT WILL BE BACK TO THE SOUTH WHERE IT ACTUALLY BENDS THERE THERE'S ABOUT 80 ACRES TO THE SOUTH AND 52 ARE FLOODPLAIN.

>> WHAT IS THIS? IT SHOWS ON THIS AERIAL A ROAD THAT DOES CONNECT CONNECTION TO DONAHUE. THAT LOOKS LIKE AN IMPROVED ROAD.

>> THEY WILL, THERE IS A COUNTY PORTION IN THEIR THAT GOES INTO THE FLOODPLAIN.

>> IT HAS A MAIN ENTRANCE OFF DONAHUE.

>> IT HAS A MAIN ENTRANCE OFF THE DONAHUE SEEMS TO ME THAT WOULD BE A LOGICAL CONNECTION POINT RATE THERE UNLESS THE ROAD IS GOING TO THE FLOODPLAIN LOOKS LIKE THE FLOODPLAIN IS DOWN SOUTH.

>> IT BACKS UP TO THOSE VERY LARGE LOTS ACROSS WHERE YOU COULD HAVE HORSES IS THE IDEA THERE.

>> MR. CHAIRMAN, I APOLOGIZE, I THOUGHT HE WAS DONE. AS FAR AS I KNOW STAFF HAS LOOKED AT THAT FLOODPLAIN IN THE PAST AND IT'S BELOW THE AREA WE ARE TALKING ABOUT.

>> LET'S HAVE A PUBLIC HEARING HERE SO WE CAN DELIBERATE THIS. WOULD ANYONE LIKE TO COME FOR TO SPEAK ON THIS ITEM WE REQUIRE PUBLIC HEARING. ON AT THE SUTHERLAND THIS IS THE REDIVISION OF LOT 2. SEE NO ONE I WILL CLOSE PUBLIC HEARING.

LET'S CONTINUE OUR DISCUSSION AND HAVE A VOTE OR MOTION.

>> CLARIFY A COUPLE THINGS BEFORE YOU MAKE A DECISION. IF IT YOU DECIDE TO DENY ITS

[01:50:01]

ONE YEAR? IF IT'S TONIGHT YOU ARE THE FINAL AUTHORITY FOR SUBDIVISION IT WOULD NOT GO TO CITY COUNCIL REZONING DOES FORD ALL CITY COUNCIL PROVIDE EITHER CONFIRMATION OR DENIAL IF YOU DENY THE SUBDIVISION IS PLAT AND HE WOULD WAIT A YEAR OR REQUEST A REHEARING. IF YOU ASK TO POSTPONE IT HE CAN COME BACK BEFORE THE YEAR IS OVER.

>> THAT I GUESS I WOULD OFFER TO YOU MR. HALEY THAT'S KIND OF WHERE WE ARE AT.'M GOING TO HAVE A VOTE AND EVERY VOTE TO DENY THEN IT WILL BE A YEAR BEFORE YOU COME BACK OTHERWISE IF YOU WOULD LIKE TO IF YOU'RE INTERESTED IN POSTPONING AND HAVE MORE CONVERSATION WITH THE STAFF WE COULD DO THAT OVER THE NEXT MONTH AND THEN COME ON BACK AND DELIVER THE FINAL.

>> I WAS JUST GOING TO SEE WHAT YOU ALL THOUGHT WE SHOULD DO.

>> IT'S YOUR CALL.

>> THE REZONING IS GOING. IT'S GOING TO CITY COUNCIL WE APPROVED THAT.

SO THAT'S NO PROBLEM THERE. IT'S OF THIS SUBDIVISION PLAT THAT WE'RE DELIVERING ON NOW AND WE HAVE THE FINAL VOTE WILL BE HERE. THIS WILL NOT GO FORWARD TO THE CITY COUNCIL SO IF YOU WANT TO SPEND SOME TIME WORKING WITH THE STAFF A LITTLE MORE AND COMING TO A CONCLUSION AND THEN IF IT'S THE SAME CONCLUSION WILL SEE NEXT MONTH AND WILL VOTE ON IT.

>> CAN ASK A QUESTION FOR CLARIFICATION. ? CAN'T COME BACK FOR A YEAR EVEN IF THERE ARE CHANGES MADE OR IF THERE CHANGES MADE HE CAN COME BACK AND RESUBMIT THE CHANGES?

>> USUALLY IF THERE ARE SUBSTANTIAL CHANGES, YOU CAN'T COME BACK WITH THE SAME APPLICATION, I'M NOT FAMILIAR WITH OUR ORDINANCE BUT I'M NOT, I AM FAMILIAR WITH OTHER CITIES.

>> I WOULD ENSURE IF BREAKS FELL UNDER THE SAME.

> WHILE SHE'S LOOKING THAT UP IF THE APPLICANT AND PROPERTY OWNER WOULD LIKE TO POSTPONE THIS REQUEST WE WOULD JUST ASK THAT HE ASKED THE PLANNING COMMISSION TO POSTPONE THE REQUEST TO THAT NOVEMBER MEETING, PLEASE.

>> I WOULD LIKE TO POSTPONE. AND I WOULD LIKE TO DELAY THE ANNEXATION IN THE ZONING GOING FORWARD TO CITY COUNCIL. WE WENT ALL OGDEN TOGETHER.

>> I WILL NEED SOME HELP ON THAT ONE BECAUSE WE ALREADY MADE A VOTE.

WE RECOMMENDED THE REZONING GO FORWARD. NEXT I THINK THAT UNFORTUNATE HAS TO GO FORWARD. THE REQUEST COULD BE TO THE CITY COUNCIL YOU MIGHT WANT THEM TO POSTPONE THAT.

>> WE HAVE ALWAYS TIE THESE TOGETHER.

>> IF WE CAN SLOW THAT DOWN WE ARE HAPPY TO.

>> I'M ASKING YOU TO POSTPONE.

>> SO FOR ITEM NUMBER 15 I WILL MAKE A MOTION TO POSTPONE.

>> YOU ARE BASING IT ON HIS REQUEST.

>> WAS STUFF TO MAKE THE MOTION.

>> BASED ON HIS REQUEST YOU'RE MAKING A MOTION.

>> BASED ON THE APPLICANT'S REQUEST AND MAKING A MOTION TO POSTPONE ITEM NUMBER 15 WHICH IS PL 2021 - 00643 UNTIL A DATE CERTAIN NINE IN NOVEMBER.

>> SECOND. ALL THOSE IN FAVOR SAY AYE

>> AYE >> ALL THOSE OPPOSED SAY NO.

MOTION CARRIES. IT'S POSTPONED. TO CLARIFY, WHAT WE WILL HAVE TO DO AT THE NEXT CITY COUNCIL MEETING WHICH IS REZONING MR. HALEY WILL HAVE TO THEN ASK THE COUNCIL TO.

>> IT DOESN'T HAVE TO GO ON THEIR AGENDA FOR 60 DAYS.

>> WE WILL JUST LOWER DOWN. >> ONE POINT OF CLARIFICATION, IS IT POSSIBLE TO TAKE THE 60 DAYS OR IF I FIND THAT OUT WE MAY HAVE A CONFLICT.

>> IS THAT SOMETHING YOU COULD DO ADMINISTRATIVELY?

>> ARCHITECT BUT THE REZONING OR THE PLAT? THE PLAT, YOU MADE A MOTION TO

[01:55:02]

POSTPONE IT TO NOVEMBER SO IT'LL COME BACK IN NOVEMBER AND EVEN AS POSTPONE IT AGAIN AT HIS REQUEST IF YOU LIKE TO DO THAT WE CAN POST ON IT TONIGHT UNTIL DECEMBER.

DEPENDING ON WHAT THE APPLICANT WOULD LIKE TO DO. THAT CAN HAPPEN.

>> THE REZONING CAN ONLY POSTPONE FOR 60 DAYS BEFORE GOES TO COUNSEL.

>> IF IT DOESN'T GOING TO 60 DAYS THEN--

[16. 65 Acres – Lee Road 54 Preliminary Plat PUBLIC HEARING PL-2021-00655]

>> ITEM NUMBER 16. 65 ACRES. NOT REALLY 65 ACRES RIGHT? LEE ROAD 54 PRELIMINARY PLAT THIS IS PL 2021 - 00655 MS. KENNEDY.

>> I'M SORRY, ON THE LAST ITEM FOR MR. HALEY, YOU HAVE MADE A MOTION TO POSTPONE IT TO NOVEMBER 9. I DON'T KNOW WHETHER A VOTE ON THAT?

>> YES.

>> SOME OF US MIGHT HAVE MISSED THAT. I DON'T KNOW IF WE WERE WAITING FOR HIM TO COME BACK AND ADVISE YOU REJECT HIS CALENDAR.

>> WE DID. SO NOW I'M HEARING, MR. CONNOR ARE YOU THE REPRESENTATIVE?

>> WE ARE AND AS TO POSTPONE.

>> AT THE REQUEST OF THE APPLICANT OF AND MAKE A MOTION TO POSTPONE ITEM NUMBER 16 PL 2021 - 00655 UNTIL A DATE CERTAIN NOVEMBER 9.

>> SECOND.

>> MOTION SECOND ALL THOSE IN FAVOR SAY AYE

[17. Hotworx of Auburn PUBLIC HEARING PL-2021-00611]

>> AYE X THOSE OPPOSED TO SAY NO. MOTION CARRIES.

NUMBER 17 HOT WORKS OF AUBURN. THIS IS PL 2021 - 00 611 MISS ENGLISH OUR NEW PLANNER.

CONGRATULATIONS ON THE JOB.

>> THIS IS GOING TO BE A REQUEST FOR CONDITIONAL USE APPROVAL FOR A COMMERCIAL AND ENTERTAINMENT USE, A FITNESS STUDIO. IT'S GOING TO BE AT 234 NORTH GAY STREET SUITE B WITHIN THE BUILDING WHICH IS THE STANDARD. THE URBAN CORE ZONING DISTRICT.

THIS WILL BE A 24 HOUR FITNESS STUDIO AND THEY WILL USE VIRTUALLY INSTRUCTED EXERCISE PROGRAMS TO BE THE CONCEPT. THIS DOESN'T MEET IS IT CONSISTENT WITH THE ZONING AND FUTURE LAND USE REALLY NO ISSUES WITH IT. WE HAVE NO, WE DO RECKON APPROVAL NO CONDITIONS OF APPROVAL IF YOU WERE TO RECOMMEND APPROVAL IT WOULD BE FOR CITY COUNCIL NEXT WEEK ON THE 19TH. AND THE APPLICANT IS PRESENT.

>> WITH THE APPLICANT LIKE TO SPEAK? ONLY IF YOU WANT TO.

COME ON UP AND SAY YOU DID IT ONCE.

>> MY NAME IS GREG ELAINE I APPRECIATE YOU ALL BEING HERE. THIS IS THE FIRST TIME I'VE BEEN IN HERE. I'M EXCITED ABOUT IT. IT'S A NEAT CONCEPT WE HAVE NINE DIFFERENT SAUNAS THREE PEOPLE WILL BEANING SHAUNA AND OUR INSTRUCTORS WILL BE ON TELEVISION. WE ONLY HAVE THREE EMPLOYEES. THE MOST WE COULD HAVE AT ONE TIME IS PROBABLY 27. SO WE HAVE PLENTY OF PARKING WE HAVE A LOT OF WALKING.

GORGON HAVE 640 BEDS THERE SO IT'S A VERY DIFFERENT CONCEPT. HOPEFULLY SOME OF YOU ALL WOULD LIKE TO COME, AS WELL. 30 MINUTE WORKOUT IN AND OUT THREE DAYS A WEEK WOULD BE AWESOME IS UNLIMITED USE. I'M EXCITED, THANK YOU ALL FOR HEARING ME.

>> THIS RECORD IS A PUBLIC HEARING ANYBODY LIKE TO COME SPEAK ON HOTWORX OF AUBURN? SEE NO ONE CLOSE PUBLIC HEARING. MOTION QUESTIONS COMMENTS?

>> I WILL MOVE TO IMPROVE HOTWORX OF AUBURN RECOMMENDATIONS ARE CITY COUNCIL FOR APPROVAL PL 2021 - 00611.

>> SECOND. ANY DISCUSSION? ALL THOSE IN FAVOR SAY AYE

>> AYE >> ANY OPPOSED SAY NO, MOTION

[18. Si02 Manufacturing Facility Expansion PUBLIC HEARING PL-2021-00647]

CARRIES. ITEM NUMBER 18 SI 02 MANUFACTURING FACILITY PL 2021

[02:00:08]

- 00647. MS. KENNEDY.

>> GOOD EVENING, THIS IS A CONDITIONAL USE REQUEST FOR THE EXPANSION OF A MANUFACTURING USE EXISTING IN THE AUBURN TECHNOLOGY PARK WEST. LOCATED IN THE INDUSTRIAL ZONE.

THE PROPOSED EXPANSION IS APPROXIMATELY 1010 I'M SORRY 100 THOUSAND SQUARE-FOOT EXISTING ROUGHLY 75 SQUARE-FOOT MANUFACTURING FACILITY HOUSING AS I GO TO AS I 02.

AS YOU CAN SEE HERE IT'S SURROUNDED BY SIMILAR USES ALL IN THE INDUSTRIAL PARK THEREFORE STAFF IS RECOMMENDING APPROVAL AND WE HAVE NOT RECEIVED ANY COMMUNICATION.

>> WAS IT THAT YOUR LAST PRESENTATION?

>> THANK YOU FOR BEING WITH US FOR THE TIME THAT YOU ARE, WE APPRECIATE IT, GREAT WORK.

THIS REQUIRES A PUBLIC HEARING ANYBODY WOULD LIKE TO SPEAK ON THIS MANUFACTURING FACILITY EXPANSION PLEASE COME FORWARD. SEE NO ONE I WILL CLOSE PUBLIC HEARING.

QUESTIONS COMMENTS OR MOTION? >> MOVED TO APPROVE 18 ON THE AGENDA.

>> SECOND.

>> MOTION AND A SECOND ALL THOSE IN FAVOR SAY AYE

[19. Mimosa Cottages PL-2021-00629]

>> AYE >> ANY OPPOSED SAY NO, MOTION CARRIES. MIMOSA COTTAGES. THIS IS PL 2021 - 00629.

THIS IS AN APPEAL OF A DENIAL OF AN ENGINEERING DESIGN CONSTRUCTION MANUAL WAIVER.

MS. FRASER.

>> WE TOTALLY DON'T PRESENT ANYTHING ON APPEAL I WILL SAY IF YOU HAVE ANY QUESTIONS I'M HERE TO ANSWER THEM. MR. LEWIS IS HERE TO PRESENT HIS CASE.

>> THIS IS NOT REQUIRE A PUBLIC HEARING.

>> PARKER LEWIS WITH HYDRO ENGINEERING SOLUTIONS. YOU GUYS SAW THIS MAYBE A YEAR AGO CONDITIONAL USE APPROVAL THERE IS A SINGLE-FAMILY LOT ON A COLLEGE IN A SINGLE-FAMILY ON MIMOSA WE ARE COMBINING THOSE INTO AN L-SHAPED DEVELOPMENT. IT'S SEVEN COTTAGES ARE GOING TO REPLACING THOSE TWO HOUSES. ALL SEVEN COTTAGES ARE TWO-BEDROOM COTTAGES.

SO WHAT WE HAVE GOT THIS IS THE SITE PLAN THAT IF YOU SEE YOUR SCREEN THIS IS THE SITE PLAN THAT WE CEMENTED AS PART OF THE CONDITIONAL USE. WE HAVE GOT AN EXISTING DRIVEWAY THAT'S ON THE SOUTHERN END OF THE PROPERTY IT'S 11 FEET WIDE.

WE HAVE GOT TO WIDEN THE DRIVEWAY TO 20 FEET IN ORDER TO GET FIRE TRUCK ACCESS THROUGH THE DEVELOPMENT. AS PART OF THE DEVELPMENTS WE HAVE A DESIRE TO MOVE THE DRIVEWAY FROM THE SOUTHERN END OF THE PROPERTY TO THE NORTHERN AND.

SORRY, THIS IS THE DRIVEWAY ON COLLEGE SHOULD'VE SAID AT FIRST.

THE DRIVEWAY ON MIMOSA IS FINE. THIS IS THE DRIVEWAY JUST ON COLLEGE.

YOU CAN SEE WE MOVE THE DRIVEWAY LIKE 42 FEET TO THE NORTH WHICH IS ABOUT THE WIDTH OF THIS ROOM ROUGHLY AS A FRAME OF REFERENCE. AS WE MOVE THE DRIVEWAY THE DESIRE TO DO THAT IS THE SOUTHERN END OF THE PROPERTY IS IN THE HIGH GROUND AND WE WOULD WANT THE COTTAGE AS YOU CAN SEE BEFORE THE COTTAGES ALONG THE SOUTHERN PROPERTY LINE THAT'S THE HIGH GROUND OF THAT PART OF THE SITE AND THE ROAD WOULD BE, THE DRIVEWAY WOULD BE BELOW THOSE COTTAGES SO IT'S BETTER FROM A DRAINAGE STANDPOINT. THE OTHER PIECE OF THE PUZZLE IS THAT YOU CAN SEE THE LOT TO THE NORTH IS A SINGLE FAMILY HOUSE ON ABOUT 1/4 ACRE LOT THE LOT TO THE SOUTH IS A ONE ACRE LOT SO THE LOT TO THE SOUTH IS ABOUT FOUR TIMES THE SIZE OF WHAT IS TO THE NORTH SO AS WE MOVE THE DRIVEWAY WE ARE MOVING IT CLOSER TO THE NORTHERN DRIVEWAY THAT IS ADJACENT TO US. HOWEVER, WE ARE MOVING IT FURTHER AWAY FROM THE EXISTING SOUTHERN DRIVEWAY. THERE'S NO WAY AROUND THIS WAIVER REQUEST JUST THE NATURE OF A WIDENING THE DRIVEWAY. THE PROPERTY TO THE SOUTH IS I THINK 814 COLLEGE YOU GUYS HAVE ALREADY SEEN THAT AS A CONDITIONAL USE APPROVAL THAT HAS BEEN APPROVED AS THREE HOUSES THAT EACH OF THE FOUR UNITS IN IT IF YOU REMEMBER THAT ONE. SO IT'S LIKE 24 BEDS. WE FEEL LIKE OUR JUSTIFICATION

[02:05:09]

FOR MOVING THE DRIVEWAY IS BALTIMORE DRAINAGE STANDPOINT ON OUR SITE BUT ALSO IF THERE'S TWO DRIVEWAYS WE THINK IT MAKES MORE SENSE TO BE CLOSER TO THE NORTHERN EXISTING DRIVEWAY AS OPPOSED TO THE SOUTHERN EXISTING DRIVEWAY WHICH IS A MUCH LARGER DEVELOPMENT.

THIS DRIVEWAY THAT YOU ARE LOOKING AT ON A COLLEGE IS ALSO OUR EXIT SO YOU'LL COME IN OFF MIMOSA IT'S ONE WAY THROUGH AND THIS IS THE EXIT. I KNOW THERE WAS SOME CONCERN ABOUT PROXIMITY TO THE DRIVEWAY BUT WE FEEL WITH US BEING IN EXIT AND THAT BEEN A SINGLE HOUSE WE DON'T HAVE ANY CONCERNS ABOUT THAT PROXIMITY. HAPPY TO ANSWER ANY QUESTIONS.

I KNOW THAT A LOT OF DATA.

>> WHAT IS THE DESIRED ALTERNATIVE FOR THE STAFF? OR DOESN'T MATTER, JUST KNOW TO THIS AND THAT'S IT? I GUESS LET ME SAY IT A DIFFERENT WAY.

IF THEY CAN'T DO IT ANY OTHER WAY FOR THEIR PROJECT THEN IT JUST DOESN'T GET DONE IS WHERE WE ARE.

>> THE ALTERNATIVES AS I SEE THEM AND PARKER DON'T LET ME MISSTATE SOMETHING IS TO REUSE THE EXISTING DRIVE IN HIS CURRENT LOCATION AND WIDEN IT. IT'S ON THE SOUTH AND.

>> I DO NOT WANT TO ANSWER FOR ALLISON BUT TO GIVE YOU A FRAME OF REFERENCE THE PROPERTY TO THE SOUTH I AM ALSO WORKING, THAT PROPERTY WE JUST OBTAINED A WAIVER OF APPROVAL ON THAT A DRIVEWAY IT IS BECAUSE I THINK WE WERE REUSING THE EXISTING DRIVEWAY.

SO I THINK MAYBE THERE'S SOME DESIRE NONE OF THESE DRIVERS MEET THE ORDINANCE ANYWHERE NEAR BECAUSE THEY ALL PREDATED OUR ACCESS MANAGEMENT WHERE WE SAY THESE DRIVERS, SO ALL THESE OLD HOUSES ARE LIKE 70 FEET APART, 120 FEET APART SO NONE OF IT WORKS.

SO I THINK THERE'S PROBABLY, IT'S AN EXISTING DRIVEWAY MAYBE THAT'S EASIER ORDERLY MORE PALATABLE TO EXPAND EXISTING DRIVEWAY. WE TRY TO DO THAT IN ALL CASES THIS IS ONE WHERE WE WOULD LIKE IT REALLY BE GOOD IF OUR COTTAGES WERE ON THE HIGH GROUND AS OPPOSED TO THE ROAD BEING HERE IN THE COTTAGE BEING HERE.

THAT'S WHY WE ARE HERE TODAY.

>> SO USING THE EXISTING DRIVEWAY WOULD NOT SHIFT THOSE FOR COTTAGES UP CLOSER TO THAT EXISTING SINGLE-FAMILY HOME INSTEAD OF KEEPING THEM TO THE SOUTH OF THE PROPERTY WHERE THERE'S GOING TO BE A MUCH DENSER DEVELOPMENT GOING IN RIGHT BELOW THAT.

>> THERE WAS SOME CONCERN ABOUT DAVIDSON DRIVE FOR SOME CONFUSION DID TALK TO THE NEIGHBOR TO THE NORTH AND YES THEY WOULD MUCH PREFER IF WE KEEP THE DRIVER.

THEY'RE EXCITED ABOUT WHAT WE ARE DOING THEY WOULD RENT ONE OF THEM BUT THEY WOULD MUCH RATHER OUR SITE PLAN AS IS. SO YES THAT'S KIND OF HOW WE GOT THERE.

>> IT LOOKS LIKE ALSO YOU ARE SAYING IS ONE WAY OUT ONTO COLLEGE IS MIMOSA ONE WAY IN?

>> IT IS. IT'S ONE WAY AND MIMOSA AND WHEN WE OUT COLLEGE.

>> BUT MIMOSA SITUATION TREATS. SO IN ONLY.

>> MIMOSA BEEN A LOCAL STREET, COLLEGES AND ARTERIAL. NOTHING IS CONFORMING.

NO MATTER WHAT WE HAVE BEEN DOING WE BEEN MAKING AN EXISTING NONCONFORMITY MORE NONCONFORMING SO WE HAVE TO HAVE A WAIVER, THAT'S THE PROCESS.

>> THIS IS NOT UNUSUAL FOR REDEVELOPMENT. THIS IS REDEVELOPING AND THE CURB CUTS WERE THERE FOR 100 YEARS SO WE HAVE HAD TO MAKE THESE KINDS OF DECISIONS BEFORE AS LONG AS IT WAS, DID NOT CREATE A DANGER. THE STAFF HAS TO ADHERE TO THE

[02:10:01]

MANUAL. THIS IS THE MANUAL WE CREATE THIS MANUAL TO SET THE SPACINGS BUT THEY DON'T ALWAYS APPLY IN EVERY CIRCUMSTANCE. SO IN THIS PARTICULAR CASE THE SITE TRADE-OFF THEY MADE IT ONE WAY. THAT MAKES A LOT OF DIFFERENCE I THINK IT IS FACING BECAUSE ON COLLEGE, NORTH COLLEGE OF THE REASON YOU HAVE THE SPACING SO WIDE ON ARTERIALS IS SO YOU DON'T REAR-ENDED SOMEONE AS HER MAKING A FAST TURN.

AT THIS ONE IS GOING TO BE EXIT ONLY SO THAT TO MEET MITIGATES A LITTLE BIT OF THAT PROBLEM.

I AM COMFORTABLE WITH IT EVEN THOUGH I STRONGLY SUPPORT THE MANUAL MOST OF CONSENSUS.

WERE DEAL WITH REDEVELOPMENT WE HAVE TO LOOK AT THESE THINGS.

>> SO IT COULD SET UP TO BE THAT WHITE EVEN THOUGH IT'S ONE WAY?

>> I WOULD RATHER THE STREET BE LITTLE WIDER AND BE ABLE TO GET A FIRE TRUCK DOWN THERE THEN HAVE A CURB CUT DISTANCE FOR A SINGLE FAMILY HOME.

>> CAN HAVE A MOTION ON THIS.

>> IS SOMETHING THAT PARKER COULD PROVIDE I'M NOT FAMILIAR WITH WHAT THE ZONING ALLOWS JUST YET OVER THE ADJACENT ZONING IS SO STAFF CAN CLARIFY THAT.

LOOKING AT THE TWO PROPERTIES TO THE NORTH AND IF THEY ARE THE SAME ZONING THEN I'M ASSUMING THAT THERE IS SOME REDEVELOPING POTENTIAL THERE THAT COULD HAPPEN.

IF THAT WAS THE CASE AND IF YOU ARE INCLINED TO APPROVE THE WAIVER AND WE GET A DRIVEWAY THERE I'M WONDERING IS THERE SOME OPPORTUNITY FOR THE PROPERTY THAT PARKER IS WORKING ON TO PROVIDE AN EASEMENT FOR THE PROPERTY TO THE NORTH SO THAT WE DEVELOPS THEY CAN TIE INTO THE EXIT DRIVEWAY RIGHT THERE AND NOT HAVE A SEPARATE DRIVEWAY?

>> HE'S DOING THE PROPERTY TO THE SOUTH.

>> MY APOLOGIES, THANK YOU.

>> ON THE SCREEN THAT'S UP THERE AT THE HOUSE THAT TO THE NORTH.

>> IS STAYING.

>> FOR NOW.

>> BUT IF IT RE-DEVELOPS IT COULD GO TO A HIGHER DENSITY LIKE THIS PROPERTY GOING TO THE SOUTH DID. WE COULD ILLUMINATE A DRIVEWAY IF YOUR CLIENT WOULD BE WILLING TO PROVIDE CROSS ASPECTS SX ACCESS EASEMENT THERE.

>> WE ALSO HAVE TO DO WATER QUALITY AND SO WHAT'S TO THE IMMEDIATE NORTH OF OUR DRIVEWAY BEFORE YOU GET TO OUR PROPERTY LINE IS A BIO RETENTION ALONG THAT ENTIRE WEEK OF THE PROPERTY LINE. YOU CAN'T REALLY SEE IT ON THE SITE PLAN.

>> ON YOUR PROPERTY OR OFF YOUR PROPERTY?

>> ON THE PROPERTY. IN OTHER WORDS, THERE WOULD BE, THERE'S NO WAY TO CONNECT OUR DRIVE TO THE PROPERTY TO THE NORTH. THE PROPERTY TO THE NORTH IS QUARTER ACRE YOU COULD PROBABLY GET A FOUR UNIT DEVELOPMENT AT MAX.

I WOULD ENVISION THOSE THREE PROPERTIES BEING PUT TOGETHER BUT YOU NEVER KNOW SOMEBODY MAY SELL THEIR HOUSE AND SECONDED FOUR UNITS ARE BUT THE LAYOUT OF OUR SITE IS SO SNUG WITH THE REQUIREMENTS WE HAD TO MEET IS PROBABLY NOT A WAY TO CONNECT.

>> I DO LIKE THAT IDEA, THOUGH.

>> WHEN WE WERE DOING THE PROPERTY TO THE SOUTH THAT WAS SOMETHING BECAUSE THIS PROPERTY ON MIMOSA THEY COULD COME TOGETHER TO SHARE DRIVEWAY SO WE ARE REGULARLY LOOKING THAT WITH STAFF BUT SOMETIMES YOU GET HERE AND YOU GET THINGS TO WORK.

>> I'M TRYING TO FIGURE OUT HOW TO MAKE THE WAY THE REQUEST IS WORDED HOW TO MAKE A MOTION BUT I MOVE THAT THE APPEAL TO THE DENIAL OF AN ENGINEERING DESIGN WAIVER REQUEST CURB CUTTING SPACING ALONG AND ARE TRULY ROADWAY BE APPROVED OR GRANTED?

>> I SECOND.

>> WE HAVE A LOT OF HEADS GOING UP AND DOWN FROM THE STAFF THAT SOUND LIKE IT WAS A GOOD MOTION.

>> EVER MOTION, TO HAVE A SECOND?

>> SECOND >> MOTION A SECOND ALL IN FAVOR

SAY AYE >> AYE

[20. Vote to change date for November regular meeting from November 11, 2021 to November 9, 2021]

>> THOSE OPPOSED SAY NO.

>> NO >> MOTION CARRIES.

THAT IS OUR LAST REGULAR AGENDA ITEM BUT WE HAVE ONE I'VE BEEN COUNTING ON THIS DURING A POST

[02:15:04]

MOMENTS HERE FOR WINTER VOTE TO CHANGE THE REGULAR MEETING FOR NEXT MONTH.

RIGHT NOW IS CURRENTLY SCHEDULED ON VETERANS DAY WHICH IS A HOLIDAY AND SO WE ARE RECOMMENDING THAT STAFF ARE COMMITTED TO US MOVE IT FORWARD TO 9 NOVEMBER WHICH IS THE TUESDAY BEFORE. IT ALSO BE HAVING OUR PACKET MEETING JUST ONE DAY BEFORE ON THE EIGHTH. BECAUSE I STILL SCHEDULED.

>> MOVED TO APPROVE THE SUGGESTED REVISED DATE OF THE NEXT REGULAR MEETING FROM A

[STAFF COMMUNICATION]

NOVEMBER 11 TO NOVEMBER 9. >> SECOND

>> MOTION IS SECONDED ALL THOSE IN FAVOR SAY AYE

>> A AYE >> ALL THOSE IN OPPOSED SAY NO, MOTION CARRIES. I DON'T HAVE ANY COMMUNICATION ANYTHING FROM STAFF?

>> I HAVE SEVERAL ITEMS TO MENTION BRIEFLY I KNOW WE WANT TO GET OUT OF HERE.

AS YOU POINTED OUT THIS IS STEPHANIE'S LAST DATE SWEEPER SHOULD ALL HER WORK.

WE WANT TO RECOGNIZE PROBABLY J PESTIS AMERICAN INSTITUTE OF CERTIFIED PLANNERS CERTIFICATION. CONGRATULATIONS.

>> THAT'S NOT AN EASY FEAT.

>> IT'S A TOUGH EXAM >> IT'S A BIG DEAL.

YOU ALREADY MENTIONED AMBER RECENTLY WE DID PROMOTE AMBER TO A PLANNER POSITION.

CONGRATULATIONS, AMBER.

>> YOU BEEN HERE SO LONG YOU SHOULD BE ABLE TO TELL.

>> AND THEN I DID HAVE TWO OTHER THINGS THAT I WANTED TO MENTION TONIGHT.

WE HAD SOME TRAIN TRAINING OPPORTUNITIES FOR THE PLANNING COMMISSION AND THE BOARD OF ZONING APPEALS ADJUSTMENT, I KEEP GETTING THAT WRONG. ANYWAY, AS WE DO HAVE A CERTIFICATE FOR WENDY FOR COURSE YOU TOOK SO THANK YOU VERY MUCH.

I APPRECIATE YOU TAKING THE COURSE. MAC RECENTLY WENT IN AND HE HAS TAKEN THE WHOLE SLEW OF COURSES AT THE UNIVERSITY OF NORTH ALABAMA TO BECOME A CAP SO SO A CERTIFIED ALABAMA PLANNING AND ZONING OFFICIAL. SO GRADUATION.

>> LATE NIGHT CLASSES AND STUDY PAID OFF.

>> CONGRATULATIONS AND IF ANY OF YOU WANT TO PARTICIPATES IN THESE TYPES OF TRAINING ACTIVITIES WE WILL PAY FOR IT WE WANT TO ENCOURAGE YOU TO DO THAT.

IT'S ALL GOOD. SO THINK VERY MUCH TO ALL OF YOU.

I WENT TO THAT PROCESS TO AND I HIGHLY RECOMMEND IF YOU THINK ABOUT IT THESE NECKLACES ONCE A WEEK WHEN YOU GET ROLLED SOMETIMES GET TO GO DOWN IN MONTGOMERY BUT WELL WORTH IT SO REALLY EXCELLENT PEOPLE THAT HAVE EXPERIENCE, I HIGHLY RECOMMEND IT.

>> THANK YOU.

* This transcript was compiled from uncorrected Closed Captioning.