[00:00:03]
>> GOOD EVENING, LADIES AND GENTLEMEN.
[ROLL CALL]
AT THE SAME ELECTRICAL OUR DECEMBER 2021 PLANNING COMMISSION MEETING TO ORDER. AMBER, ROLL CALL PLEASE.>> WENDY BIRMINGHAM, ROBYN BRIDGES, PHILLIP CHANSLER, JANA JAGER, MACK LAZENBY, MARCUS MARSHALL, WARREN MCCORD, NONET REESE, BOB RITTTENBAUGH.
>> THE COMMISSION WILL BE PRESENTED WITH SOME AGENDA ITEMS BY THE PLANNING STAFF. A REPRESENTATIVE FOR THE AGENDA ITEM WILL BE GIVEN AN OPPORTUNITY IF THEY WOULD LIKE TO SPEAK ONBEHALF OF THE ITEM . AND THEN I WILL OPEN A PUBLIC HEARING IF IT IS APPROPRIATE. SOME OF THESE ITEMS REQUIRE PUBLIC HEARING AND SOME DON'T. THAT IS WHEN IT'S GOING TO BE YOUR OPPORTUNITY TO STEP FORWARD AND TALK ABOUT THAT ITEM IF YOU WISH. WE WANT EVERYONE TO BE HEARD.
WE ASK YOU TO LIMIT YOUR COMMENTS TO FIVE MINUTES AND PLEASE KEEP YOUR COMMENTS RELEVANT TO THE CASE AT HAND.
THEN AFTER THAT, WE WILL CLOSE THE PUBLIC HEARING AND A REPRESENTATIVE AND STAFF WE MAY HAVE A LITTLE BIT OF A DIALOGUE BEFORE WE TAKE, TO ASK QUESTIONS FOR CLARIFICATION AND THEN WE WILL HAVE A MOTION AND WENT IT IS SECONDED WE WILL DELIBERATE HERE AT THE COMMISSION AND WE WILL HAVE 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.
HAVING SUMMARIZED THAT I WOULD ALSO LIKE TO SAY A COUPLE WORDS ABOUT SUMMARIZING OUR ROLE THAT'S RELATED TO A SUBDIVISION PLAT. BY ALABAMA STATUTE A MUNICIPAL PLANNING COMMISSION IS THE FINAL APPROVAL AUTHORITIES FOR THESE PLANTS. WITH REGARD TO THE SUBDIVISION PLAT THE COMMISSION ASKED ASK AS IT ADMINISTERED BODY AND IS BOUND BY THE LIMITATIONS OF THE STATE LAW, ZONING ORDINANCES AND A SUBDIVISION REGULATIONS WE HAVE ADOPTED IN THE PAST.
WHILE PUBLIC HEARINGS ARE REQUIRED ON MOST PLATS, TAPE ELIMINATE PLATS ARE SPECIFICALLY.
WE WELCOME, THERE'S A PUBLIC HEARING THAT GOES ALONG WITH THAT, WE WELCOME PUBLIC COMMENTS BUT WE WANT YOU TO UNDERSTAND THAT THIS COMMISSION'S AUTHORITY IS STRICTLY LIMITED TO CONFIRMING THAT THE PLAT MEETS OR EXCEEDS SPECIFIC REQUIREMENTS AND ARE CODIFIED IN LAWS.
I ASKED IF YOU WANT TO COME UP AND SPEAK WE HAVE A CITED ROSTER RIGHT HERE IN THE FRONT PLEASE WHEN YOU ARE DONE SPEAKING PLEASE GIVE US YOUR NAME AND ADDRESS.
FINALLY, I WANT TO MAKE A POINT THAT OTHER THAN THE SUBDIVISION PLATS WE ARE ONLY A RECOMMENDATION BODY FOR THE CITY COUNCIL. WE DON'T MAKE FINAL APPROVALS ON ANYTHING BUT THOSE SUBDIVISION PLATS.
IT MOVES ON TO THE CITY COUNCIL AFTER WE HAVE MADE OUR RECOMMENDATION. AT THIS TIME, I WANT TO OPEN UP A CITIZENS COMMUNICATION TIME. THIS IS A SPECIAL TIME IN THAT YOU EITHER CAN SPEAK ON SOMETHING THAT'S NOT ON THE AGENDA AT ALL, WHATEVER IS ON YOUR MIND IS FINE.
OR, IT HAS TO BE ON THE CONSENT AGENDA.
THE CONSENT AGENDA HAS A COUPLE OF ITEMS. WE HAVE OUR PACKET MEETING MINUTES OF EIGHT NOVEMBER, REGULAR MEETING MINUTES OF NINE NOVEMBER.
WE HAVE ANNEXATION OF THE FLANAGAN PROPERTY WHICH IS PL-2021- 00758. AND WE HAVE A FINAL PLAT FOR EAST LONGLEAF TOWNHOMES WHICH IS PL-2021- 00791.
IF YOU LIKE TO SPEAK ON ANY OF THOSE CONSENT AGENDA ITEMS OR SOMETHING THAT IS NOT OTHERWISE ON THE AGENDA, PLEASE COME FORWARD. SEE NO ONE I WILL CLOSE THE PUBLIC HEARING. WE WILL MOVE ON TO OLD BUSINESS BUSINESS. I WOULD LIKE TO MAKE THE POINT THAT THE PRELIMINARY PLAT SUTHERLAND SUBDIVISION PL-2021- 00643 HAS BEEN WITHDRAWN BY THE APPLICANT AND WE WILL NOT ADDRESS THAT ANY FURTHER. ALSO ITEM NUMBER EIGHT WHICH IS A CONDITIONAL USE NORTH DEAN MIXED-USE IT IS PL-2021- 00 788 THAT HAS ALSO BEEN WITHDRAWN AND WE WILL NOT DEAL WITH IT ANY FURTHER. SO FOR OLD BUSINESS WE HAVE A
[2. Final Plat – Silos at Conway]
FINAL PLAT THIS IS SILOS AT CONWAY PL-2021- 00 735 AND IT IS NOT HAVE A PUBLIC HEARING MR. J HOWELL WILL GIVE US A[00:05:08]
PRESENTATION.>> AS YOU DON'T FIND A PLAT SURGICALLY UNDER CONSENT AGENDA HOWEVER THIS IS PART OF A SET OF FOUR DIFFERENT CASES YOU WILL GOING TO HEAR TONIGHT. WE PUT THAT OUT TO DISCUSS ALL OF THEM. THIS SPECIFIC CASE IS A FINAL PLAT REQUEST FOR APPROXIMATELY 55 ACRES FOR CONVENTIONAL SUBDIVISION. IT WOULD BE PART OF AN EXISTING PLANET DEVELOPING DISTRICT THE SILOS PDD.
IT WOULD CONSIST YOU CAN SEE THAT IT SURROUNDED ON THE SOUTH AND WEST BY RURAL ZONING DISTRICT OUTSIDE OF THAT YOU HAVE A LOT OF AREA THAT'S CURRENTLY IN THE COUNTY.TO INCLUDE A PORTION THAT WILL BE BROUGHT IN TO THIS SUBDIVISION AS A RESULT. THIS WAS THE ORIGINAL PRELIMINARY PLAT THAT WAS PROVIDED WHEN THE PDD WAS FIRST APPROVED. I WILL POINT OF THIS PARTICULAR AREA HERE WHICH IS WHERE YOU WILL SEE CHANGES IN THE NEXT PLAT. PART OF THE ORIGINAL PDD REQUIRED THE 25 PERCENT OPEN SPACE BE PROVIDED WITH THE DEVELOPMENT IN ORDER TO BE SATISFIED THAT THEY ARE BRINGING NOT QUITE FIVE ACRES OF ADDITIONAL LAND TO BE JOINED IN TO THE PDD THAT WILL CONTRIBUTE SPECIFICALLY TO OPEN SPACE. IT WILL NOT BE DEVELOPED AS PART OF SINGLE-FAMILY. HOWEVER, IN ORDER TO CONTRIBUTE TO PDD OPEN SPACE IT HAS TO BE INSIDE THE PLANNED DEVELOPMENT ITSELF. CURRENTLY THOSE FIVE ACRES 4.83 ACRES IS IN THE COUNTY. IT HAS TO BE ANNEXED AND APPLIED A SIMILAR ZONING DISTRICT AND BE AMENDED INTO THE PDD ITSELF. THAT IS THE DOWN AND DIRTY FOR ALL FOUR PROPOSALS. ONE COUPLE OF CHANGES THAT THEY ARE PROVIDING FOR THIS THEY RELOCATED THE AMENITY, THEY DID DECREASE THE NUMBER OF DWELLING UNITS BY ONE FROM 71 TO 70.
AND THERE'S MORE OPEN SPACE PROVIDED TO THEIR.
THERE IS AN AREA OF THE SUBJECT AREA, YOU NOTICE THE ENTIRE LAKE IS INSIDE THE PROPOSED SUBDIVISION FOR THE MOMENT.
WE FORESEE NO CORRESPONDENCE ON THIS.
THIS DOES NOT REQUIRE A PUBLIC HEARING SO IS THERE MOTION?
>> MOVED TO APPROVE ITEM NUMBER TWO.
>> I HAVE A SECOND ANY DISCUSSION? SEE NONE ALL THOSE IN FAVOR FAVOR SAY AYE.
[CONSENT AGENDA]
>> OPPOSED SAY NO, MOTION CARRIES.
ONTO THE CONSENT AGENDA. WE HAVE A PACKET MEETING MINUTES FOR NOVEMBER 8, WE HAVE REGULAR MEETING MINUTES FOR NOVEMBER 9. AND THEN WE HAVE THE ANNEXATION AND FINAL PLAT I MENTIONED EARLIER. NONE OF THIS REQUIRES A PUBLIC HEARING CAN I HAVE A MOTION?
>> MOVED TO APPROVE CONSENT AGENDA.
>> INCLUDING THE PACKET MEETIN .
>> MOTION IN A SECOND ALL THOSE IN FAVOR SAY AYE.
[5. Annexation – The Silos at Conway PL-2021-00780]
>> MOTION CARRIES. THE FIRST ONE IS THE ANNEXATION OF THE SILOS AT CONWAY WHICH IS A REQUIREMENT THE OTHER ONE WAS ACTED UPON AN OLD BUSINESS. MR. HOWELL.
>> THIS ANNEXATION IS A FOR THAT 4.83 ACRES WE TALKED ABOUT IN THE LAST CASE. YOU SEE IT LOCATED IN A BLACK AND WHITE IT MEANS ANNEXATION REQUIREMENTS WITH CONTINUITY FOR A PROPERTY IMMEDIATELY TO THE SOUTH AND EAST.
HERE IT IS SPECIFICALLY LOCATED ALONGSIDE THE PLAN DEVELOPMENT ITSELF. SUBJECT TO ANY QUESTIONS.
>> OKAY, THIS DOES NOT REQUIRE PUBLIC HEARING.
LOOKING FOR MOTION ON THE ANNEXATION.
>> ANY DISCUSSION? ALL THOSE IN FAVOR SAY AYE.
>> AYE LEX OPPOSED SAY NO. MOTION CARRIES.
[6. Rezoning from Rural to LDD – The Silos at Conway]
[00:10:03]
NEW BUSINESS, SILOS AT CONWAY THIS IS A REZONING FROM RURAL TO LBD, LIMITED DEVELOPMENT DISTRICT PL-2021-00 781.>> THIS WILL REZONE THE LAND THAT WAS RECOMMENDED FOR ANNEXATION TO MATCH THE LIMITED DEVELOPMENT DISTRICT REZONING THE BEST THE REST DISTRICT THAT THE RECORD FOR PDD'S THAT THE PROPERTY WITHIN IT HAVE THE SAME BASE ZONING DISTRICT.
SAME PROPERTY AS MENTIONED BEFORE.
>> THANK YOU, MR. RICE. ALL RIGHT THIS DOES REQUIRE PUBLIC HEARING. AT THIS TIME I WILL OPEN THE PUBLIC HEARING AND ASKED THE ANYONE IS INTERESTED IN SPEAKING ON THIS ITEM PLEASE COME FORWARD.
SEE NO ONE I WILL CLOSE THE PUBLIC HEARING.
>> MOVED TO APPROVE REZONING LTD SILOS AT CONWAY.
>> A MOTION AND A SECOND, ANY DISCUSSION? THE MOTION IS TO APPROVE THE REZONING FROM RURAL TO LGB ALL THOSE IN FAVOR SAY AYE NEXT AYE
>> THOSE OPPOSED SAY NO. MOTION CARRIES.
[7. Planned Development District Amendment – The Silos at Conway]
THE LAST ONE ON THE SILOS.>> THIS CASE WILL AMEND THE PLAT DEVELPMENTS DISTRICT TO INCORPORATE THOSE 4.83 ACRES INTO THE PDD.
AGAIN THIS IS SPECIFICALLY TO PROVIDE THE REQUIRED AMOUNT OF OPEN SPACE THAT THE DEVELOPMENT IS NEEDED.
HERE IS THE EXISTING DEVELOP PLAN THE NEW MASTER DEVELOPMENT PLAN INCORPORATES THOSE NEW ACRES INTO IT.
RELOCATE THE AMENITY LIKE WE TALKED ABOUT EARLIER.
AND PROVIDES CONNECTIVITY TO THE NORTH AND TO THE SOUTH AS WE TALKED ABOUT IN THE PREVIOUS CASES.
STAFF IS RECOMMENDING APPROVAL OF THIS.
THERE ARE A FEW CONDITIONS THAT ARE APPLIED THAT NEEDED TO BE ADDRESSED FROM THE PREVIOUS APPROVAL THAT NEEDED TO BE ADDED UNTO THE SON.
>> THEY ARE PART OF THE STAFF COMMENTS?
>> MR. RICE? THIS REQUIRES A PUBLIC HEARING FOR THE PLAN DEVELOPMENT DISTRICT MEDICATION FOR PL-2021-00 782 WOULD ANYONE LIKE TO COME FORWARD AND SPEAK? SEE NO ONE I WILL CLOSE PUBLIC HEARING.
>> MOVED TO APPROVE ITEM 7 WITH THE CONDITIONS.
>> MOTION AND A SECOND ANY DISCUSSION?
>> I HAVE A QUESTION. THIS ADDING THE 4.83 IS FOR GREEN SPACE OPEN SPACE? WE HAVE HAD PDD'S INCORPORATE OR SHUFFLE AROUND THINGS BUT THIS WOULDN'T HAPPEN HERE, RIGHT? TO BE ABLE TO ALLOW MORE UNITS IN THE FUTURE?
>> IN ORDER TO LEVEL UNITS IT WAS SO HAVE TO CONTACT YOU TO AMEND THE PDD. TECHNICALLY, BECAUSE THERE REDUCING THEIR UNIT NUMBERS FROM THE APPROVED 71 UNITS DOWN TO 70 IT IS POSSIBLE THEY COULD USE A SINGLE UNIT ADDED ONTO IT. HOWEVER, THE 25 PERCENT REQUIREMENT AS A RESULT OF THIS NEW ADDITION THE AMENITIES THAT THEY ARE ALREADY PROVIDING THEIR ACTUALLY PROVIDING OVER 25 PERCENT WITH THE INCLUSION OF THIS NEW PROPERTY.
>> MR. CHAIRMAN TO REITERATE WHAT JAKE JUST SAID.
THE ACTION YOU ARE TAKING IN THE CITY COUNCIL TAKES TO APPROVE THIS ONLY EXPANDS THE OPEN SPACE IT DOES NOT CHANGE THE DENSITY AT ALL. FOR CLARITY.
>> THIS REQUIRES, WE ALREADY HAD A MOTION AND A SECOND.
ANY FURTHER DISCUSSION? ALL IN FAVOR SAY AYE
>> OPPOSED SAY NO. MOTION CARRIES.
[9. Conditional Use – Samford Village Assisted Living Expansion]
WE WITHDREW ITEM NUMBER EIGHT. WE ARE ON ITEM NUMBER NINE.ITEM NUMBER NINE IS SAMFORD VILLAGE ASSISTED LIVING EXPANSION PL-2021-00 789. MS. ROBSON.
>> THIS IS A REQUEST FROM THE GM FINANCIAL TO EXPAND THE EXISTING ASSISTED LIVING FACILITY AND RECLASSIFY THE FACILITY TO A NURSING HOME. PROPERTIES LOCATED AT 350
[00:15:09]
SAMFORD VILLAGE COURT, I BELIEVE.IT PDD. THE ORIGINAL PDD WAS APPROVED BACK IN 2019. THE ASSISTED LIVING FACILITY WAS APPROVED THE FOLLOWING YEAR AND THE FACILITY OPENED EARLIER THIS YEAR. THEY CONSTRUCTED 50 OF THE 65 UNITS THAT WERE APPROVED. THEIR PROPOSAL TO BUILD OUT THOSE ADDITIONAL 15 UNITS PLUS ONE MORE UNIT AND THEN RECLASSIFY THE ENTIRE FACILITY TO A NURSING HOME SINCE THEY PROVIDE ON-SITE SKILLED NURSING STAFF.
WE RECEIVED NO CORRESPONDENCE ON THIS CASE.
AND STAFF DOES RECOMMEND FORWARDING THIS TO CITY COUNCIL FOR APPROVAL. AND THERE ARE NO CONDITIONS.
>> THANK YOU, MR. BRETT BASQUIN.
THIS REQUIRES A PUBLIC HEARING WOULD ANYONE LIKE TO COME FORWARD AND SPEAK ON THE SAMFORD VILLAGE ASSISTED LIVING EXPANSION? SEEING NO ONE I WILL CLOSE PUBLIC HEARING. AND ASK FOR A MOTION.
>> MOVED TO APPROVE CONDITIONAL USE SAMFORD VILLAGE ASSISTED LIVING EXPANSION PL-2021-00 79.
>> I DO, ON OCCASION WITH CERTAIN LEVELS OF THE MEMORY CARE THERE ARE DISTANCES THEY CANNOT HAVE OTHER LIKE A BAR OR OTHER USES, IS THIS ONE OF THOSE? ASK NOTHING WITHIN THE ZONING ORDINANCE THAT REQUIRES THAT.
AS FAR AS STATE LAWS THEY MAY KNOW MORE.
AS FAR AS ZONING ORDINANCE, NO.
>> ANY FURTHER DISCUSSION? MOTION AND A SECOND TO APPROVE THE CONDITIONAL USE AT SAMFORD VILLAGE ASSISTED LIVING EXPANSION. ALL THOSE IN FAVOR SAY AYE
>> OPPOSED SAY NO. MOTION CARRIES.
[10. Waiver to Special Development Standards – Good Dog Park & Bar]
ON TO OUR LAST ITEM. ITEM NUMBER 10 IS A WAIVER TO SPECIAL DEVELOPMENT STANDARDS FOR THE GOOD DOG PARKING BAR.IT IS PL-2021-00 787. MS. ENGLISH.
>> THIS IS A REQUEST FOR TWO WAIVERS TO SPECIAL DEVELOPMENT STANDARDS FOR VETERINARY OFFICE WITH INDOOR KENNEL.
IT'S A COMMERCIAL AND ENTERTAINMENT USE.
THIS IS SUBJECT PROPERTY IS LOCATED AT 203 EAST UNIVERSITY DRIVE IN THE DEVELPMENTS DISTRICT.
THE FIRST REQUEST IS TO ALLOW A COMMON EXERCISE YARD TO BE CLOSER THAN 50 FEET FROM AN ADJACENT RESIDENTIAL PROPERTY LINE. IT IS GOING TO BE ON THE NORTH SIDE OF THE PROPERTY HERE. THE SECOND IS TO ALLOW OUTDOOR EXERCISE YARD FOR A DOG PARK TO REMAIN OPEN UNTIL 10 PM WHEN THE ZONING ORDINANCE REQUIRES THAT NO OUTDOOR EXERCISES ALLOWED PAST 9 PM. THE PROPERTY IS PROXIMATELY TWO ACRES. IT IS THE SITE OF THE FORMER PET PALACE AND REPORTING AND GROOMING FACILITY WHICH HAS BEEN ON THIS SITE SINCE 1999. SO, QUITE A WHILE.
IT HAS A NEW OWNER WHO SEEKS TO INCORPORATE A DOG PARK AS AN ACCESSORY USE ONTOTHE SITE . THAT IS GOING TO BE A PERMITTED USE IN THE CDD DISTRICT. AND IT REGARDS TO THE FIRST WAIVER I AM NOT SURE WHICH, FIRST WAIVER THE COMMON EXERCISE YARD NO CLOSER THAN 50 FEET.
THE PLAN FAILS TO BE THE STANDARD AS THE EXERCISE YARD IS APPROXIMATELY 37 FEET TO THE PROPERTY LINE TO THE NORTH.
WHICH IS DEVELOPED WITH AN OFF-CAMPUS STUDENT HOUSING DEVELOPMENT WHICH IS THE EVERGREEN AUBURN.
HOWEVER, THERE IS APPROXIMATELY 135 FEET FROM THE FENCED AREA, FROM THE PROPERTY LINE TO THE CLOSEST STRUCTURE ON THAT PROPERTY. IN LIGHT OF THIS STAFF BELIEVES THIS DISTANCE IS APPROPRIATE OR SUFFICIENT AND RECOMMENDS APPROVAL OF A WAIVER TO THE REQUIRED DISTANCE FROM AN ADJACENT RESIDENTIAL PROPERTY LINE OF 50 FEET UP TO BUT NOT TO EXCEED 15 FEET TO ALLOW THE EXERCISE YARD TO BE LOCATED AT
[00:20:04]
A MINIMUM OF 35 FEET FROM THAT PROPERTY LINE.ANY QUESTIONS? THE SECOND WAIVER REQUEST IS TO LOVE THE EXERCISE YARD TO BE OPEN UNTIL 10 PM.
THE ZONING ORDINANCE REQUIRES IT TO BE CLOSED OR NO EXERCISE PAST 9 PM. AS MENTIONED, EXERCISE YARD IS APPROXIMATELY 37 FEET FROM THE NORTH PROPERTY LINE AND TO THE SOUTH EXERCISE YARD IS APPROXIMATELY 174 FEET TO THE PARKER PLACE PROPERTY LINE WHICH IS A CROSS EAST UNIVERSITY DRIVE AND THERE IS ABOUT 188 FEET TO THE NEAREST STRUCTURE WITHIN THAT DEVELOPMENT.
A LITTLE FURTHER TO THE SOUTH THERE IS A PROXIMALLY 360 FEET BETWEEN THE FENCED AREA AND THE CLOSEST STRUCTURE IN THE GARDEN DISTRICT APARTMENTS.STAFF DOES RECOMMEND APPROVAL OF THE WAITER TO ALLOW THE PARK TO BE OPEN UNTIL 10 PM WITH THE CONDITION THAT IF THERE ARE ANY COMPLAINTS WITHIN THE FIRST SIX MONTHS OF OPENING THAT WE WOULD BRING THIS BACK TO YOU FOR FURTHER REVIEW AND CONSIDERATION.
ALSO, REGARDING SCREENING AND BUFFERING THERE IS AN EXISTING HEDGE PLANTED OUTSIDE OF THE FENCED AREA ON THE NORTHERN BOUNDARY AND THERE IS MATURE LANDSCAPING ALONG THE EAST UNIVERSITY DRIVE STREET FRONTAGE HOWEVER STAFF FEELS ADDITIONAL VEGETATION MAY BE NEEDED TO FULLY MEET THE GOAL OF A SOLID EVERGREEN HEDGE AROUND THE PROPERTY.
SO STAFF IS PREPARED TO WORK WITH THE APPLICANT TO ENSURE THAT PROPER SCREENING IS IN PLACE IN ALL APPROPRIATE AREAS ON THE PROPERTY.
>> MR. CHAIRMAN. JUST TO MAKE SURE WE ARE ALL CLEAR. THAT'S THE RECOMMENDATION FOR 1/3 CONDITION OF APPROVAL. THAT WOULD BE WHAT WAS STATED THEY WILL HAVE TO EITHER ADD ADDITIONAL LANDSCAPING TO PROVIDE THAT SCREEN , THAT HEDGE OR THERE'S ALSO AN OPTION FOR A SOLID FENCE.
>> OKAY SIR, MIND ANSWERING A COUPLE OF QUESTIONS? IF YOU HAVE SOMETHING TO SAY, GO AHEAD AND THEN WILL ASK YOU QUESTIONS.
>> I AM CLINT I'M AT THE WE ACQUIRED THE PENPALS IN SEPTEMBER. SO WE KNOW THE DOG DAYCARE BOARDING BUSINESS AND WE DECIDED TO OPEN A DOG PARK BAR.
THIS IS NOTHING INNOVATED WE HAVE COPIED AN EXISTING OPERATOR IN CHATTANOOGA, TENNESSEE.
THERE'S ONE OF THESE IN COLUMBUS, GEORGIA.
>> IS A PLACE WE CAN TAKE A DOG OFF LEASH.
AND MEET FRIENDS AND HAVE A BEER IF YOU LIKE.
IT'S A DOG PARK BUT SAFER. IT'S SAFER IN THREE WAYS.
WE WERE QUITE PRESENT OF A VACCINATION DOG INTO THE PARK.
WE DON'T ALLOW CHILDREN BECAUSE CHILDREN AROUND RANDOM DOGS IS VERY DANGEROUS. AND WE HAVE WHAT IS CALLED A PARK RANGER WHICH IS LIKE A LIFEGUARD.
THEY ARE TRAINED AND TAUGHT BEHAVIOR, A LOT OF THEM WORK AT THE DAYCARE BOARDING FACILITY. IT IS SAFER THAN A TYPICAL DOG PARK.
>> WE HAVE HAD THAT QUESTION BEFORE.
FOR THE DOG, THE SAME RABIES, THE SAME THREE VACCINATIONS ARE REQUIRED TO GET INTO THE DAYCARE AND BOARDING FACILITY.
WE ALSO LIMIT CAPACITY OF 50 TOTAL DOGS IN THE PARK.
SO THIS IS REALLY A PARK FIRST AND A BAR SECOND.
IT'S A PARK VIBE THERE IS LIGHT MUSIC OF ANY.
THERE IS NO LIQUOR, BEER CANS ONLY.
THIS IS SKY BAR. THIS IS A PART.
THESE TIMES ARE 7:555 PM UNTIL PM.
THEY REALIZE IT'S A PARK SO THEY ARE POPPING UP IN THE SOUTHEAST AND THEY'RE BECOMING REALLY POPULAR.
ON THE VARIANCE I WANT TO ASSERT THERE ARE TWO ENTITIES HERE. THERE'S THE DAYCARE, THE KENNER MORNING WE HAVE DAYCARE IMPORTING AND THEN THERE IS THE PARK THE KENNEL IS WHY THIS RULE, WE ARE BEING CLASSIFIED AS A KENNEL WHICH MAKES SENSE. THERE'S NOT A DOG PARK BAR USE, IT'S USE. SO THIS RULE WAS MADE ON THE
[00:25:01]
KENNEL SIDE WAS MADE FOR GOOD REASON, KENNELS ARE ALLOWED.DOGS BARK A LOT BECAUSE THEY ARE NOT WITH THEIR OWN ARE INDICATIVE IN THE DOCUMENT RATIO IS A LOT HIGHER.
IT'S LIKE 2020. THE PARK, A PARK IS WAY QUITE OR IS TYPICALLY, THE DOG IS WITH THEIR OWNER.
SO THEY ARE MORE COMFORTABLE AND THERE TYPICALLY IS A ONE-TO-ONE DOCUMENT RATIO. PROBABLY THE FIRST TIME YOU FOR THAT RATIO BEFORE. THE PARK IS GREAT MORE QUIET.
THIS REQUEST, THE KENNEL ENTITY CLOSES AT 6 PM CANNOT THE DOGS GO IN AND THEY STAY INSIDE. THIS REQUEST IS NOT FOR THE ENTITY, AT ALL. THOSE DOORS CLOSE AT 6 PM THIS REQUEST IS FOR THE PARK ENTITY WHICH IS MORE QUIET.
IF YOU LOOK ON THE SCREEN THERE IF YOU LOOK AT THE TOP LEFT, I GUESS IF YOU START AT THE TOP LEFT WITH THE STAGES AND YOU MOVE LEFT. EVERYTHING IS HIGHLIGHTED IS THE BAR ENTITY. THE TOP LEFT OF THE ACTUAL IF YOU GO TO THE STAGING OF LEFT WHERE THE RED IS NOW THIS ACTUAL DAYCARE, IT'S ACTUALLY FURTHER AWAY FROM THE POINT, I BELIEVE IT'S 37 FEET FROM WHERE THAT STAGES.THE CLOSEST PART OF THE RESIDENTIAL. SO IT'S PROBABLY ABOUT 45 FEET.
YOU CAN MEASURE IT BUT WE ARE NOT REQUESTING THIS FOR, WE ARE REQUESTING THIS FOR THE PARK ENTITY BUT THE PARK AND HE IS NOT THE LOVED ONE. IT IS THE ONE THAT IS CLOSER TO RESIDENTIAL BUT I WANT TO BE CLEAR THE KENNEL IS LOUD AND IT WILL CLOSE AT 6 PM AS HE DOES EVERY DAY RIGHT NOW.
>> YES, THERE IS NO OUTER KENNELS THIS OPERATION IS AROUND SINCE 1999. WE HAVE NOT CHANGED ANYTHING.
THEY ALL GO IN AND THEY ARE QUIET.
AND THEN THE PARK OPENS AND WE WILL BE OPEN IN THE AFTERNOON SO IT'S MORE OF A PARTICIPATION.
SITUATION. HE WENT IN CHATTANOOGA AS PART OF THE APARTMENT COMPLEX I SENT AMBER A PICTURE OF THIS EARLIER. YOU CAN SEE IT RIGHT THERE.
THOSE ARE REALLY NICE APARTMENTS IN DOWNTOWN CHATTANOOGA AND THEY ARE PART, IS A DOG FRIENDLY APARTMENT COMPLEX. IN BIRMINGHAM WE HAD THE SAME VARIANCE. THANK YOU SIR DOG PARK BAR SO WE ARE A DAYCARE. WE ARE ON THE PROPERTY LOT, RESIDENTIAL PROPERTY LINE WITH ONE OF THE NICEST CONDOS IN BIRMINGHAM, EVAN A. THEY APPROVED OUR USE BECAUSE THEY UNDERSTOOD THAT WE WERENOT ASKING FOR THE DAYCARE WE WERE ASKING FOR THE PARK . JUST LIKE HERE THE KENNEL CLOSES AT 6 PM IN BIRMINGHAM, AS WELL.
SO THE NOISE GOES AWAY AND THE PARK OPENS AND IT'S NOT AS LOU . THEY GOT COMFORTABLE FOR THAT REASON. AS AMBER POINTED OUT IN THE REPORT DEFENSES ARE 135 FEET FROM THE ACTUAL RESIDENCE ITSELF SO IT'S NOT LIKE IT'S RIGHT ON TOP OF THE PROPERTY LINE. THAT IS ALL I WANTED TO EXPLAIN.
>> CAN YOU GO BACK TO AVENUE A. ACTUALLY, THIS ONE RIGHT HERE.
CAN YOU POINT OUT WHERE THIS DOG PARK IS IN THIS FACILITY?
>> CP SHADED IN GRAY IN THE MALL, THAT'S THE TURF AREA.
EVERYTHING SHADED AND GREAT. THAT AREA RIGHT IS THE PART.
AND FROM THAT AREA TO THE LEFT IS THE ACTUAL DAYCARE ENTITY.
IT WILL BE SEPARATED BY AN EIGHT FENCE.
>> SO THIS IS THE WHOLE FACILITY, IS IT INCLUDED INSIDE THIS LETTER IS?
>> NO, THIS IS WHAT'S GOING TO GO INSIDE THEY USED TO ROLL STEEL IN HIS BUILDING. IT'S ONE WITH THE GIRLS ON IT.
WE ARE PUTTING THIS INSIDE THAT BUILDING AND IT'S RIGHT NEXT TO I DID NOT MAKE IT CLEAR IN THE EXHIBIT.
>> I CAN SEE ANOTHER PICTURE HERE.
SO I CHECKED THE BUILDING IN PLACES WITH THE CHECKMARK ON THE ARE THE BUILDING OF YOUR DREAMS TO HEAR.
THOSE ARE THE NICE APARTMENTS LIKE HERE THE DISCOLORED BUILDING THIS BUILDING UP IN THE PARKING AND IN THE BUILDING TO THE RIGHT OF IT YOU CAN SEE THERE THOSE ARE NICE CONDOS.
>> ALL RIGHT, THANKS. ANY QUESTIONS, THIS DOES NOT REQUIRE A PUBLIC HEARING. ANY QUESTIONS FROM THE
[00:30:01]
COMMISSION? DO WE HAVE THREE DIFFERENT ISSUES WE NEED TO ADDRESS THESE INDIVIDUALLY? BECAUSE WE HAVE GOT TO WAIVERS AND THEN 1/3 CONDITION.>> IF YOU SPLIT THE MOTION UP INTO THE FIRST WAIVER, SECOND WAIVER THEN THE CONDITIONS WOULD NOT BE AS APPLICABLE.
YOU COULD MAKE A MOTION TO APPROVE EVERYTHING WITH STAFF CONDITIONS. IF YOU DON'T GET A SECOND YOU MIGHT HAVE TO SPLIT IT UP AND DO IT DIFFERENTLY.
>> THAT'S THE WAY IT IS PRESENTED SO WILL GO THAT WAY.
I WILL MAKE A MOTION TO APPROVE PL-2021-00 787 IN ONE LUMP SUM WITH ALL CONDITIONS.
>> I HAVE A MOTION AND A SECOND.
ANY FURTHER DISCUSSION FROM THE COMMISSION? ALL THOSE IN FAVOR SAY AYE
>> ALL THOSE OPPOSED SAY NO. MOTION CARRIES.
>> BUT DO WE NEED SOMETHING LIKE THIS LIKE FOR PEOPLE WHO WANT TO DO THIS IN THE FUTURE ASKING FOR WAIVERS?
>> ANYONE WHO WANTS TO DO THIS IN THE FUTURE NEEDS TO ASK FOR THE SAME WAIVERS, POTENTIALLY.
>> THEY MAY NOT BE THE SAME HOURS.
>> I'M ASKING ABOUT A PRESIDENT BEEN SENT FOR DOGS.
>> I WILL SAY WE HAVE BEEN IN DISCUSSIONS OF ADDING THIS USE AS A USE IN THE TABLE OF PERMITTED USES.T WILL PROBABLY HAVE ITS OWN STANDARDS.
>> I DON'T THINK YOU SET A PRECEDENT GENETIC PER SE THINK YOU BASED ON THE FACTS OF THIS SPECIFIC CASE.
>> WE HAVE NO OTHER BUSINESS, I HAVE NO COMMUNICATION.
[STAFF COMMUNICATION]
I UNDERSTAND THE STAFF HAS SOME COMMUNICATION.>> YES SIR, THANK YOU MR. CHAIRMAN.
THE ONLY OTHER THING THAT WE WANTED TO DO IS WE ARE EXCITED TO HAVE A NEW PLANNER PERMIT. YOU REMEMBER THE MOMENTS AGO I ANNOUNCED STEPHANIE WAS MOVING TO THE GIS DEPARTMENT SO WE NOW HAVE MORGAN SHEPHERD. SHE HAS JOINED US FROM MUSTANG, OKLAHOMA. FOR SOME REASON IS AREA, I THINK IN THE MONTGOMERY.
>> MY MOM IS FROM ELMORE COUNT .
>> GOT YOUR TONGUE? GOT YOUR BOOTS ON?
>> DON'T GET USED TO MEETINGS LIKE THIS.
>> WELCOME, WELCOME, GLAD YOU'RE HERE.
* This transcript was compiled from uncorrected Closed Captioning.