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[00:00:07]

GOOD EVENING, LADIES AND GENTLEMEN.

AT THIS TIME I WOULD LIKE TO CALL OUR MARCH 2020 PLANNING COMMISSION MEETING TO ORDER.

[ROLL CALL ]

BEFORE WE GET STARTED, I'LL GO OVER THE RULES OF ENGAGEMENT HERE FOR THE FEW THAT ARE HERE. TONIGHT THE COMMISSION IS GOING TO REPRESENT WITH A NUMBER OF AGENDA ITEMS BY THE PLANNING COMMISSION -- BY THE CITY PLANNING STAFF.

AND ONCE THEY'RE DONE PRESENTING THE REPRESENTATIVE WILL HAVE AN OPPORTUNITY TO MAKE ANY KIND OF COMMENTS OR CLARIFICATIONS AS NECESSARY AND THEN I'LL OPEN A PUBLIC HEARING AS APPROPRIATE .SOME REQUIRE IT. SOME DON'T.

AND AT THIS TIME IT WILL BE YOUR OPPORTUNITY TO ADDRESS THE COMMISSION ON THE AGENDA ITEM AT HAND.

I ASK YOU TO KEEP YOUR TALK TIME TO FIVE MINUTES AND KEEP YOUR COMMENTS RELEVANT TO THE CASE AT HAND.

AFTER EVERYONE HAS SPOKEN I'LL CLOSE THE PUBLIC HEARING AND A MEMBER OF THE STAFF WILL HAVE AN OPPORTUNITY TO CLARIFY ANY ISSUES THAT CAME UP AND THEN WE WILL HAVE A MOTION, SOME DISCUSSION IF NECESSARY, AND A VOTE.

THE COMMISSION WILL VOTE BASED ON STATE AND LOCAL LAWS.

THE CITY'S COMPREHENSIVE PLAN 2030 IN THE GENERAL GOOD OF THE COMMUNITY. HAVING SUMMARIZED THOSE BASIC RULES OF ENGAGEMENT, I WOULD ALSO LIKE TO HIGHLIGHT THE FACT THAT WE HAVE A DIFFERENT ROLE WHEN IT COMES TO SUBDIVISION PLATS. WE ARE THE FINAL AUTHORITY FOR THOSE BY ALABAMA STATUTE AND ONCE WE MAKE THE DECISION ON THE SUBDIVISION PLATS THOSE ARE FINAL.

THE REST OF THE DECISIONS ARE ONLY RECOMMENDATIONS FOR THE CITY COUNCIL. FINALLY IT TO REINFORCE THE FACT THAT OTHER THAN SUBDIVISION PLATS, ANYTHING ELSE WILL BE GOING CITY COUNCIL FOR FINAL APPROVAL AND YOU'LL ALSO HAVE ANOTHER CHANCE TO MAKE INPUTS AT THAT TIME.

[CITIZENS’ COMMUNICATION ]

CITIZEN COMMUNICATION IS THE FIRST ITEM OF BUSINESS.

THIS IS A TIME WHERE THERE'S TWO THINGS IF YOU'RE INTERESTED IN ADDRESSING ANYTHING ON THE CONSENT AGENDA OR ANYTHING NOT ON THE AGENDA AT ALL. THIS IS JUST A SPECIAL AGENDA TIME FOR THOSE TWO CATEGORIES. QUICKLY THERE'S ONLY TWO THINGS ON THE CONSENT AGENDA. THE MEETING MINUTES FROM THE -- PACKET. AND SWANN FARM.

IF ANYONE WOULD LIKE TO SPEAK. COME UP NOW.

[CONSENT AGENDA ]

SEEING NONE, I'LL CLOSE THE PUBLIC HEARING AND MOVE TO THE CONSENT AGENDA. JUST THE MEETING MINUTES AND THE SWAN CASE WHICH IS AX 2022-002.

>> MOVE TO APPROVE THE CONSENT AGENDA AND MEETING MINUTES FROM

FEBRUARY. >> SECOND.

>> ANY DISCUSSION? >> ALL IN FAVOR.

>> AYE. MOTION CARRIES.

[2. Rezoning – Swann Farm – PUBLIC HEARING RZ-2022-002 ]

ON TO NEW BUSINESS. THE FIRST ITEM OF NEW BUSINESS IS A REZONING OF THE SWANN FARM PROPERTY JUST ANNEXED.

THIS IS RZ 2022-002. >> SO THE SITE THAT YOU JUST ANNEXED IN IS APPROXIMATELY 773 ACRES SOUTH AND EAST OF THE NEW COX AND WIRE ROAD ROUND ABOUT AND THE CURRENT USE OF THE PROPERTY IS PASTURE IN THAT MORN FRONT PART AND MANUFACTURED HOME PARK. THE REQUEST IS TO REZONE FROM THAT RURAL RESIGNATION TO DEVELOPMENT DISTRICT HOUSING.

THE PROPERTY TO THE NORTH AND SOUTH ARE BOTH OUTSIDE OF THE CITY LIMITS AND THEY ARE ALSO MANUFACTURED HOME PARKS.

SO THE EAST IS CDB AND THEN CDB WITH A PDB OVERLAY AND THEN TO THE WEST IS DEH WITH PDB OVERLAY AND THAT WAS PRETTY RECENT AND SIMILAR TO THIS ONE. IT'S VACANT BUT IT IS ALSO A MIXED USE DEVELOPMENT. THE INTENT IS FOR THE DDH TO BE THE BASE ZONING AND YOU WILL HEAR A PLANNED DEVELOPMENT DISTRICT REQUEST NEXT.

THE PROPOSED DEVELOPMENT WILL BE MIXED USE.

[00:05:01]

IT'S GOING TO HAVE RESIDENTIAL AND THAT WILL BE TOWN HOMES AND SINGLE FAMILY AND COMMERCIAL AS WELL.

CITY OF AUBURN CAN PROVIDE SANITARY SEWER AND AUBURN WATER WORKS CANNOT PROVIDE WATER. THERE ARE TWO LAND USE PLAN DESIGNATIONS ON THIS ONE PROPERTY.

I DON'T THINK I HAVE THAT ON THERE.

THAT NORTH TRIANGLE PART IS -- LET ME SEE.

LOW MEDIUM MIXED USE AND THE REMAINDER, THAT SOUTHERN PART, IS MASTER PLAN MIXED USE. SO THERE'S NOT TOO MUCH OF A DIFFERENCE EXCEPT FOR THE DENSITY ON THAT.

STAFF RECOMMENDS APPROVAL. DDH IS CONSISTENT WITH THE ZONING OF IF AREA AND THE LAND USE PLAN AND WHERE THE DEVELOPMENT TRENDS ARE GOING IN THAT AREA.

>> OKAY. THANK YOU.

>> ONE THOUGHT. IF AUBURN SPRINT VIEDING THE WATER WHAT'S THE LIKELY SOURCE OF THE WATER FOR THE SUB?

>> I -- EH WITH WON'T BE DOING THE WATER BUT SEWER AND --

>> THEY HAVE SIGNED OFF FOR THE WATER.

>> YES.

>> THEN THAT BRINGS ME TO THE QUESTION OF LIABILITY.

THIS HAS COME UP BEFORE AND I WANT TO GET IT IN THE ORDER.

SHOULD THEY NOT HAVE THE PRESSURE TO ACCOMMODATE SOME EMERGENCY IN THAT AREA, PUBLIC SAFETY EMERGENCY IN THE AREA WHEN THAT IS DEVELOPED? ARE WE HELD HARMLESS?

>> IN THE ANNEXATION THERE IS A STATEMENT FROM THE FIRE DEPARTMENT AS WELL ON THE LAST PAGE MAYBE.

JUST HOW LONG IT WOULD TAKE TO GET THERE.

RESPONSE TIMES. THIS HAS HAPPENED MANY TIMES

BEFORE. >> I RAISE THAT POINT EVERY TIME. EACH TIME IT'S ANOTHER -- AND MY QUESTION IS I TRUST OUR COUNCIL IS -- HAS FELT WE'RE INDELL ANY IDENTIFIED AGAINST ANY LIABILITY.

>> MR. CHAIRMAN, SORT OF A QUESTION AND MAYBE A STATEMENT AT THE SAME TIME. CHRIS IS HERE FROM OUR CITY WATER AND SEWER DEPARTMENT AND IF WE HAVE A MINIMUM PRESSURE REQUIREMENT IN OUR CODE AND I COULD NOT TELL YOU IF WE DO OR NOT BUT IF WE DID TYPICALLY FOR FIRE SERVICE THERE'S A MINIMUM PRESSURE REQUIREMENT. WE WORK WITH INSPECTION SERVICES

AS WELL AS LOCAL ARE -- >> IS THAT A MATTER OF COURSE OR IS THAT SOMETHING FOR THIS PARTICULAR PROJECT?

>> THAT'S A MATTER OF COURSE. >> ALL RIGHT.

>> THAT YOU COORDINATE WITH APPROPRIATE -- OKAY.

>> THAT'S RIGHT. HOPEFULLY THAT SHOULD HELP US.

>> WE HAVE TO DO THAT FOR ALL DEVELOPMENT.

>> >> TO ANSWER YOUR QUESTION TOO, WE HAVE DONE SOME FLOW TESTS OUT THERE FOR THE SITE ACROSS THE STREET AS WELL AND THEY'RE SUFFICIENT.

THAT'S JUST PART OF THAT STANDARD DRT APPROVAL PROCESS JUST TO GIVE YOU A LITTLE BIT OF BACKGROUND ON THAT.

[00:10:03]

SO IN REGARD TO THE ANNEXATION CAME IN WITH NOTHING.

SOME OF THE CONDITIONS IN THIS REZONING TO DDH ARE SIMILAR TO WHAT IS IN THE PDD AS WELL SO SOME OF THEM ARE DUPLICATE BUT THERE ARE A COUPLE IN HERE I WANT TO ADDRESS AS WE GO.

ONE OF THE OTHER THINGS WAS I WAS GOING TO SAY THERE'S A REASON WHY WE'RE DOING DDL. IN DDH, YOU'RE LIMITED OR IT GOES BY THE FAMILY DEFINITION SO NO MORE THAN TWO UNRELATED IN THERE. IF WE CHOSE CDD OR SOMETHING ELSE, YOU COULD HAVE UP TO 5 UNRELATED, YOU KNOW, IN THIS DEVELOPMENT IS NOT CATERING TOWARDS THE STUDENT POPULATION.

IT'S CATERING TOWARDS, YOU KNOW, REALLY RETIREES STEPPED DOWN BUYERS, YOUNG FAMILIES AND YOUNG PROFE PROFESSIONALS NONE OF THIS STUFF IS FIVE-BEDROOM STUFF.

THREE OF THEM IN ENGINEERING I WANT TO ADDRESS.

>> ALL RIGHT. DO YOU HAVE A COPY OF THE --

>> WE CAN WAIT UNTIL THE PED AND THEN IT WILL BE --

>> YEAH BUT IF I GET THE CONDITIONS APPROVED ON HERE, I DON'T WANT THEM APPROVED ON HERE AND THEN ON THE PDDS.

>> ALL RIGHT. MR. CHAIRMAN IF I COULD JUST I DON'T HAVE A PROBLEM WITH THIS BUT FOR CLARITY IN THE REZONING REQUEST, THERE ARE STAFF COMMENTS.

THEY'RE NOT TRUE CONDITIONS OF APPROVAL BECAUSE ON A STRAIGHT REZONING WE DON'T PUT IN CONDITIONS OF APPROVAL.

THEY WOULD BE ON THE PDD. >> OKAY. SO IF THEY APPROVE THESE WITH STAFF COMMENTS AT THE TECHNICALLY AND THEN THEY'RE

CHANGED ON THE PDD WE'RE GOOD. >> YEAH BECAUSE THESE ARE JUST COMMENTS THAT STAFF HAS PUTTED IN THE REPORT.

>> THAT'S FINE. I'LL JUST ADDRESS THEM ALL IN PDD SO THAT YOU ONLY HAVE TO MAKE ONE DECISION ON THE

COMMENTS TO THE CARRY FOR THEM. >> WE APPRECIATE THAT.

>> THAT WORKS FOR ME. I'M GOOD WITH THAT.

>> I MOVE TO APPROVE. RZ 2022-002.

>> I'LL SECOND. >> ANY FURTHER DISCUSSION ON THAT?

>> ALL IN FAVOR SAY AYE. >> OPPOSED? MOTION CARRIES.

>> WE ARE ON FIRE TONIGHT. >> WE DIDN'T HAVE A PUBLIC

HEARING. >> LET'S SEE.

WHAT'S THE APPROPRIATE WAY TO UNDO A MOTION IN AND A VOTE?

>> HAVE A PUBLIC HEARING AFTER THE FACT.

>> I'M NOT ON ATTORNEY SO I'M NOT GOING TO GIVE YOU LEGAL ADVICE. OKAY. BUT I THINK IF YOU WANT TO JUST SAY WE DIDN'T HAVE THE PUBLIC HEARING.

WE'RE GOING TO OPEN THE PUBLIC HEARING AND SEE IF ANYONE WANTS TO SAY ANYTHING AND IF THERE ARE COMMENTS AND THAT COULD HAVE A DIFFERENCE IN YOUR VOTE THEN YOU CAN GO BACK AND DO A REVOTE.

>> MY APOLOGIES.

SO WHAT I WOULD LIKE TO DO HAVING FORGOTTEN TO GO THROUGH THE PUBLIC HEARING PROCESS ON THIS PARTICULAR ITEM WHICH IS SWANN FARM REZONING CASE RZ 2022-002 I'M GOING TO OPEN THE PUBLIC HEARING AND ASK IF ANYBODY WOULD LIKE TO COME FORWARD AND SPEAK ON THAT ITEM.

SEEING NO ONE, I'LL CLOSE THE PUBLIC HEARING.

[3. Planned Development District – Swann Farm – PUBLIC HEARING RZ-2022-003 ]

>> ALL RIGHT. ON TO THE NEXT ONE.

OKAY. SO THE NEXT ITEM OF BUSINESS IS THE PDD PLANNED DEVELOPMENT DISTRICT FOR SWANN FARM.

>> YES. THIS IS THE SAME SITE THAT WAS JUST REZONED TO DBH. THIS IS TO HAVE THAT PLANNED DEVELOPMENT DISTRICT OVERLAY ON TOP.

A MASTER DEVELOPMENT PLAN AND A WRITTEN REPORT AS REQUIRED WERE SUBMITTED. ALL THE CONDITIONS OF THE PROPERTY, EVERYTHING SAID EARLIER IS THE SAME.

AND NOW I'M GOING TO GO OVER WHAT THEY -- NOW I'M GOING TO GO INTO DETAIL ON WHAT THEY ARE PROPOSING.

HERE'S THE SITE.

>> SO THIS IS THE EXHIBIT IF YOU SEE IN THAT TOP NORTH PART THE

[00:15:04]

4.ACRES IS THE COMMERCIAL. THEY'RE GOING TO HAVE FOUR BUILDINGS. IT'S GOING TO BE ABOUT 64,000 SQUARE FEET. A CONDITIONAL USE HAS BEEN SUBMITTED AND THAT WILL BE THE NEXT THING YOU HEAR TODAY.

AND SO IT WILL BE WHATEVER IS FOR ME IN DDH AND THEN THE CONDITIONAL USE. THEY'LL BE ABLE TO ACCESS THAT SITE FROM COX AND WIRE ROAD. THEY HAVE PUT A MAJORITY OF PARKING BEHIND THE BUILDINGS WHICH WE LIKE.

THEN THE RESIDENTIAL USE IS THE BULK OF THE PROPERTY.

IT IS 73.23 ACRES AND IT IS ALL THAT PART RIGHT HERE.

IT IS GOING TO BE 115 RESIDENTIAL TOWN HOMES.

THESE ARE THEM RIGHT HERE. 3 # OF THOSE ARE GOING BE FRONT ENTRY. 84 ARE BE REAR ENTRY AND THEY'RE COLOR CODED. THERE ARE GOING TO BE 244 SINGLE FAMILY DETACHED. THESE ARE THE PURPLE AND GRAY COLORS HERE. 168 OF THOSE ARE REAR ENTRY.

THESE ARE THE MIDDLE ONES. AND THOSE ARE GOING TO HAVE A 40 FOOT LOT WIDTH WHICH IS TEN LESS THAN THE MINIMUM.

BUT WE'LL GO OVER THAT LATER. AND THEN 76 ARE GOING TO BE FRONT ENTRY WITH THE MINIMUM OF 50 FOOT AND THOSE WOULD BE PERIMETER ONES RIGHT HERE. THERE IS GOING TO BE A TOTAL OF 659 -- NO. MY GOSH.

359 RESIDENTIAL UNITS. THE NEXT PART IS THE INCENTIVES AND EXCHANGES. THEY HAVE TWO INCENTIVES AND CHANGES. THE FIRST INCENTIVES IS A REDUCTION IN LOT WIDTH. LIKE I SAID EARLIER FOR THE USE OF 40 FOOT WIDE LOCKS FOR 168 OF THOSE SINGLE FAMILY DETACHED HOMES. HOW THAT WOULD BENEFIT THE DEVELOPMENT. THE DEVELOPMENT ITSELF IS IN LINE WITH THE AREA AND THE LAND USE PLAN.

MOST OF THAT AREA IS MASTER PLAN MIXED USE OR LARGE LOT RESIDENTIAL. THE APPLICANT BET US AND HAD CONCERNS WHICH -- HERE ARE -- WERE YOU DOING IT?

[00:20:08]

HERE ARE SOME EXAMPLES. WOW.

THERE'S PIECES OF PAPER AS WELL. >> THESE ARE YOUR CONVERSATIONS.

>> WORK, THE APPLICANT, WE TRIED TO -- THEY HAD ISSUES WITH THOSE CERTAIN NUMBERS. WE TRIED TO CHANGE THEM AND KIND OF SOME TO A COMPROMISE BUT I DON'T THINK THE COMPROMISE WAS MET ON SOME OF THEM BUT THAT WAS YESTERDAY AND THIS MORNING.

HE IS HERE, YES. >> MR. CHAIRMAN, I WOULD JUST ADD THAT AS MORE BEGAN HAS MENTIONED WHEN WE MET WITH THEM, WORKED THROUGH THE DIFFERENT CONDITIONS, THEY SPOKE.

WE SPOKE. WE LISTENED.

AND WHAT WE DID IS WE WENT IN AND MODIFIED THOSE NUMBERS THAT MORGAN HAS MENTIONED IN A WAY THAT FELT LIKE WAS APPROPRIATE AND ACCEPTABLE TO REPRESENT THE CITY'S INTEREST AND PROVIDE SOME FLEXIBILITY FOR THE APPLICANT. BUT THEY ARE STILL IN DISAGREEMENT WITH NUMBER ONE I BELIEVE IS THE ONLY ONE THAT THEY HAVE A CURRENT ISSUE WITH.

>> AND THE LAST PART IS THAT WE DID RECEIVE SEVERAL CALLS ON THIS PROPOSED DEVELOPMENT AND THEY WERE ALL FROM PEOPLE THAT LIVE ON THIS SITE AND THEY WERE NOT AWARE OF THE PROPOSED DEVELOPMENT. SO THAT'S WHAT THOSE CALLS WERE.

DO YOU HAVE ANY QUESTIONS? >> LET ME JUST ASK FOR A POINT OF CLARIFICATION. ON THE REQUEST FOR THE EXCHANGE, TO RAISE THE ISR FROM 50 TO 70%, THAT IS -- 70 IS 20% MORE BUT AS FAR AS A PERCENTAGE INCREASE IT'S A 40% INCREASE.

>> WE DEBATED THE MATH ON THIS ONE AND WENT BACK AND FOESHTH ON THIS. THIS IS WHAT WAS DECIDED.

>> WELL, YOU KNOW, I'M NOT NECESSARILY OPPOSED TO IT BUT THE FACT REMAINS THAT 70 IS 40% MORE THAN 50.

>> THERE WERE DIFFERENT CALCULATIONS GIVEN AND WE -- SOME SAID THIS. SOME SAID THAT.

WE LOOKED AT OLD DEVELOPMENTS AND WE USED OLDER DEVELOPMENTS.

>> MR. CHAIRMAN, IT'S OBVIOUSLY WORDED IN A MANNER THAT REASONABLE PEOPLE COULD READ IT DIFFERENTLY.

I THINK IT NEEDS TO BE ADDRESSED IN THE FUTURE AND PROBABLY FIXED TO SAY WHAT WE WANT IT TO SAY BUT WHEN THE CITY COUNCIL APPROVED THE OLD DEVELOPMENT THAT WENT THROUGH YOU NOT TOO LONG AGO WHAT THEY APPROVED WAS A 20% INCREASE FOR THE MILL HOUSE LOTS AND SOME OTHERS AND IT WAS TALKED ABOUT AS I BELIEVE 50% UP TO .70. WE'RE JUST TRYING TO BE CONSISTENT WITH THE RECENT APPROVAL.

>> INCREASING FROM 50 TO 70% IS A FACT.

AND SO THE OTHER IS MET.

ONNING THE CONDITIONS RIGHTS NOW THERE'S ONLY -- STEVE, IS THERE ONLY 14 CONDITIONS NOW ON THAT SHEET YOU SENT ME TOTAL?

>> ACCORDING TO THE MODIFIED. >> YES.

OKAY. ALL RIGHT. I WANT TO MAKE SURE.

THE OLD ONES WERE 17 THIS IS MORE OF A TRADITIONAL NEIGHBORHOOD DEVELOPMENT WHERE WE HAVE ACCESS TO HOMES.

CURRENTLY THERE'S VERY FEW DEVELOPMENTS HERE.

THERE'S SOME OF THIS BUT THIS PRODUCT IS WILDLY POPULAR ALL

[00:25:06]

OVER THE PLACE. IT'S JUST NOT A PRODUCT TYPE THAT'S DONE HERE AND THE REASON WHY IT'S NOT DONE HERE IS IT'S ALMOST IMPOSSIBLE WITH OUR CURRENT REGULATIONS.

THE ISR VALUES OF 50% ARE TOO LOW.

MOST OF THE BUILDERS YOU'LL FIND HERE WILL TELL YOUNA THE ISR VALUES AND THE FAR VALUES IN OUR SINGLE FAMILY STUFF PROHIBITS THEM FROM DOING MORE UNIQUE PRODUCT TYPES BECAUSE MOST OF OUR CODES ARE FRONTED TO FRONT ENTRY GARAGE 07 FOOT LOTS.

IF THAT'S YOUR PRODUCT TYPE, BOY, WE GOT THE PLACE FOR YOU.

BUT IF YOU WANT TO DO ANYTHING DIFFERENT THAN THAT, IT IS VERY DIFFICULT SO THE PRIM WHICH I'LL CALL GRAY IS 50 FOOT WIDE FRONT ENTRY SINGLE FAMILY LOTS. YOU KNOW.

THAT'S GOING TO BE A PUBLIC STREET.

THE PINK LOTS THAT ARE INTERIOR TO THAT ARE ALLEY FED LOTS.

THEY'RE GOING TO FROPT ON A PUBLIC STREET BUT THE ALLEYS ARE GOING TO BE PRIVATE. THEY'LL BE PRIVATE ALLEYS.

THOSE PRIVATE ALLEYS PROVIDE ACCESS TO THE REAR OF THESE HOUSES WHERE THEIR GARAGE IS AND EVERYTHING ELSE.

WHEN YOU START TO DO THESE DEVELOPMENTS WHAT YOU'RE DOING IS YOU'RE GET BING A STREET SCAPE DOWN THE STREET.

YOU'RE GOING TO HAVE FRONT PORCHES.

SMALLER FRONT YARDS. WHICH OUR MINIMUM FRONT SET BACK IS 20 FEET SO IT'S GOING TO BE A LITTLE DIFFERENT.

OUR HOUSE USUALLY IS IN THE 5 TO 10 FOOT RANGE FROM THE RIGHT OF WAY IN MOST ALLEY FRED TYPE DEVELOPMENTS BUT OURS ARE 20 FOOT BECAUSE THAT'S WHAT THE CODE REQUIRES WITH FRONT PORCHES AND SIDEWALKS AND THAT TYPE OF STUFF IN THE STREET.

ON THE ENDS OF WHERE SOME OF THESE ALLEYS ARE COMING SOME OF THE ALLEYS ARE GOING TO BE 100% OF THE BACK OF A LOT AND THAT IS WHERE OUR MOST EXTREME -- ISR CIRCUMSTANCES COME IN.

YOU ADDITION WE AGREEDED TO HERE IS ON THE FRONT LOADED TOWN HOMES AND HOMES THE CITY IS WANTING A TEN BY TEN PATIO REQUIRED ON THE REAR OF THE SITE.

[00:30:34]

WHAT DO YOU THINK THE DISTANCE IS GOING TO BE?

>> SO THE CAR WILL BE OUT OF THE ALLEY.

SE SE THE TOWN HOMES WE'RE DOING AS MULTIUNIT OTHER POSED TO FEE SIMPLE. IN THIS ENTIRE LOBBED EVERYTHING WILL BE DONE BY THE HOA SO YOU DON'T HAVE TO WORRY ABOUT WARREN HAVING A DEAD BUSH NEXT DOOR AND NOT REPLACING IT.

>> DOG PARKS, YOU KNOW, DIFFERENT THINGS.

POOL, CLUBHOUSE, THAT KIND OF STUFF.

BUT THERE WILL BE DIFFERENT PARKS FOR THAT.

ON SOME OF THIS I'LL GET INTO THIS ON A DIFFERENT SLIDE.

ALL RIGHT. SO CAN YOU HOP BACK OVER TO THAT SLIDE AND LET ME TALK TO THIS? WARREN HAS SOME QUESTIONS PRODUCT WHERE WE'RE REAR ALLEY FED WHEN YOU'RE REAR ALLEY FED AND THERE'S A FRONT PORCH THERE'S REALLY NOT MUCH YARD SPACE FOR LACK OF A BETTER TERM. SO THIS IS AN EXAMPLE OF THE REAR ALLEY FED TOWN HOMES THIS IS WHAT I WAS TALKING ABOUT IN HAD THE BOTTOM RIGHT HAND CORNER IS THIS COURTYARD CREATED.

YOU'RE LOOKING SIDEWAYS FROM THE SIDE OF THE HOUSE.

YOU'RE SEEING THE HOUSE ON YOUR RIGHT.

THE GARAGE IS ON YOUR LEFT. WHAT YOU SEE IS THE CONDITION HALLWAY IN BETWEEN. THE BOTTOM LEFT HAND CORNER YOU CAN SEE IS THE HALLWAY THERE YOU'RE RARE ALLEY FED SO WHAT YOU REALLY HAVE IS A FRONT WITH A COVERED STOOP OR A PORCH.

SO THIS IS A FLOOR PLAN OF WHAT I JUST GUESS PROBABLY SHOULD HAVE SHOWN THIS FIRST. IT WAS PROBABLY A BETTER EXAMPLE WITH THE FLOOR PLAN, THE COURTYARD SEPARATING THE GARAGES TOP OF PAGE THAT JUST GIVES AWEN IDEA.

ON THE SINGLE HOMES THAT ARE REAR ALLEY LOADED, YOU CAN SEE TOP OF THE PAGE THAT'S THE PRIVATE ALLEY.

[00:35:02]

ON SOME OF THE END UNITS, IT'S WHOLLY ON ONE LOT OR THE OTHER.

THESE ARE GOING TO FRONT FIVER FEET IS ON YOUR PROPERTY BUT THE FIVE FEET IS ON THE OTHER SIDE OF THAT PROPERTY LINE NEXT TO THE HOUSE. THAT SIDE OF THE HOUSE DOESN'T HAVE WINDOWS ON THE FIRST FLOOR OR ANYTHING LIKE THAT.

IF THERE ARE IT WOULD BE ON THE SECOND STORY.

SO HERE'S KIND OF AN EXAMPLE IN THE BOTTOM LEFT OF KIND OF WHAT THAT WOULD LOOK LIKE IN THE BOTTOM LEFT YOU CAN SEE WHERE YOU KIND OF HAVE THIS COVERED COURTYARD ON THE SIDE OF THE HOUSE THAT OPENS UP TO THE SIDE YARD.

YOU CAN SEE THE HOUSE NEXT DOOR DOESN'T HAVE WINDOWS THERE BUT IT GIVES AT LEAST SOME FORM OF A YARD SPACE IF THEY HAVE A DOG OR THAT KIND OF STUFF. IT GIVES THEM A SPACE.

THE OTHER TWO BOTTOM EXAMPLES ARE JUST KIND OF WAYS THAT SOMETIMES THEY CONNECT THOSE WITH PAVERS AND DIFFERENT THINGS TO LEAD PEOPLE OUT. HERE'S A PICTURE OF ONE OF THE HOUSES RECENTLY THAT WARREN AND THEM DID THAT BASICALLY YOU CAN SEE THE OUTSIDE COURTYARD. IT'S TIGHT TO THE HOUSE NEXT DOOR AND BASICALLY THAT YARD THAT HAD YOU SEE IS THAT UNIT'S.

[00:41:26]

>> IF WE'RE MAKING THAT DECISION WE'RE MAKING IT FOR THE BEST INTEREST OF BEING ABLE TO CREATE A SCREEN THAT'S VIABLE AND IS GOING TO BE FOR THE BENEFIT. I MEAN, IF WE DON'T PRODUCE A VERY GOOD SCREEN THERE OUR PRODUCT IS NOT GOING TO MOVE.

SO THAT'S THAT. SO THAT'S THE ONLY PLANNING COMMENT ON THE EXTERIOR BUFFER. SO WE WANT DID FLEXIBILITY TO DOIT IT'S EITHER UNDISTURBED OR IF WE TOUCH IT, WE BASICALLY IMPROVE IT. THE OTHER ONE WAS ON ENGINEERING. IF YOU LOOK AT OUR PLAN THAT WE HAVE, WE HAVE A MIXTURE OF PUBLIC AND PRIVATE STREETS.

WE ARE PROVIDING A STUB OUT A PUBLIC STREET STUB OUT BETWEEN THE TOWN HOMES AND THE 50-FOOT LOTS AT THE NORTH SIDE OF THE PAGE AND THEN WE ARE FINE WITH PROVIDING CROSS ACCESS TO FROM THE COMMERCIAL TO THE ADJACENT PROPERTY TO THE EAST, YOU KNOW, FOR CROSS ACCESS, NOT A BIG DEAL THERE.

THE CITY IS ASKING US TO PROVIDE AN ADDITIONAL CROSS ACCESS PUBLIC STREET TO THE NORTH. THE ONLY WAY TO DO THAT WOULD BE ON THE SOUTH SIDE WHICH IS PLAN EAST HERE AND STUB UP FROM THERE. THAT TRAILER PARK EXTENDS A MAJORITY OF THAT LINK. THEY HAVE FRONTAGE ON COX.

TO THE NORTH EVEN THOUGH WE'RE GOING TO HAVE A STUB FROM THE COMMERCIAL AS WELL, IS SUFFICIENT.

THE OTHER PART OF THAT IS IF THE ADDITIONAL ROAD THAT THEY'RE WANTING IS EVER EXTENDED, IT WOULD ALIGN WITH HALEY LANE AND IF YOU KNOW WHERE THAT IS, THAT'S WHERE TIGER TRANSIT PARKS THEIR BUS STOP. RIGHT.

IT'S THAT LIGHT INDUSTRIAL AREA >> IT WOULD BE AN ENGINEERING -- NO THAT'S COMMERCIAL. OKAY. SO -- YEAH.

SIX. ALL THE OTHER ONES ARE FINE

THERE. >> AND CAN YOU HIGHLIGHT AGAIN WHERE THOSE -- I SEE WHERE THE ONE IS.

THAT'S NOTED RIGHT THERE. >> HE'S GOT THE MARKER ON IT.

>> THAT'S NOT THE ISSUE. >> YEAH.

IT WOULD HAVE TO BE EITHER WHERE HE'S GOT THE CURSOR THERE OR FURTHER TO THE RIGHT. IT WOULD HAVE TO BE BACK THERE IS THE ONLY OTHER PLACE THAT YOU COULD DO IT.

>>. >> THAT'S WHAT I WANTED TO KNOW.

[00:45:11]

THEY WANT US TO EXTEND ON COX ROAD WHERE THE TOWN HOMES ARE.

WE'RE FINE ASKING THAT. I DON'T WANT TO HAVE TO COME BACK TO YOU GUYS TO REMOVE A REQUIREMENT IF WE CAN'T MEET THE SITE DISTANCE. I JUST ASK TO GIVE STAFF FLEXIBILITY THAT IF WE HAVE SOME CHALLENGES THERE THAT IF WE WORK IT TO THEIR LIKING THAT WE WOULD BE GOOD.

>> SO MS. FRAZIER, IS THAT PART OF -- WOULD THAT BE A DRT KIND OF THING OR SOMETHING THAT YOU HAVE LOOKED AT ALREADY? IT SEEMS TO ME IF THAT'S LISTEN GOING ON AS LONG AS IT HAS BEEN SOMEBODY SHOULD HAVE A LOOK AT THAT.

>> IT JUST CAME UP. I WANT TO MAKE SURE IF THEY HAVE THE FLEXIBILITY THAT IF SOMETHING GETS MODIFIED, WE CAN'T HAVE A CERTAIN MISSOURI OR SOMETHING LIKE THAT, THAT WE DON'T GET -- BUT I DON'T WANT TO HAVE TO COME BACK HERE TO GET YOUR APPROVAL. WE CAN JUST WORK IT OUT WITH STAFF. SO AROUND OPEN ACCESS PUBLIC STREETS, THOSE ARE TWO BLOBS THERE WHERE THEY PLAN ON AMEN TIESING THOSE FOR THE NEIGHBORHOOD THERE.

WE ARE SHOWING PARALLEL ONSTREET PARKING THERE AND SO ONE OF THE CONDITIONS HERE IS NOT TO HAVE THAT.

ON STREET PARKING AND I WOULD JUST REMIND YOU THAT IF I DON'T PROVIDE PARALLEL SPACE SFASS THE CITY ALLOWS US IN RESIDENTIAL 2345IBDS TO PARK ON THE STREET AND PEOPLE WILL DO THAT AT THESE LOCATIONS. THESE ARE PARALLEL PARKING SPACES AROUND THOSE AMENITIES. WE FEEL THEY WOULD BE MUCH BETTER THAN HAVING AN ASPHALT PARKING LOT TO BE ABLE TO GO TO.

I KNOW ON STREET PARKING IS PROBABLY A BIGGER THING, YOU KNOW, WITH COUNCIL AND EVERYTHING BUT JUST WANTED TO PROVIDE THAT. BACK TO THE -- YOU CALLED THEM SHARED ACCESS EASEMENTS. YOU SHOWED AN EXAMPLE OF ONE PERSON PUTTING A PAVED PATIO OUT THERE IN THAT SHARED ACCESS EASEMENT. DOES THAT MEAN UNDER THESE CIRCUMSTANCES, DOES THAT MEAN THEN THE NEIGHBOR NEXT DOOR WHO

[00:50:10]

HAS SHARED ACCESS. >> SO THE HOUSE I GUESS ON THE LEFT RIGHT HIS OUTDOOR AREA IS THE DARK BLUE AREA.

IT'S HIS. SO THE SECOND HOUSE IN WOULD HAVE HIS ORANGE WOULD BE HIS SIDE YARD.

RIGHT. IT'S REALLY NOT A SHARED USE WHERE YOU CAN BOTH USE IT. THE HOUSE TO THE RIGHT HAS A NINETIES EASEMENT TO THEIR SIDE YARD AND THE THEN THE BLUE HAS AN EASEMENT IN THAT YARD SO EVERYBODY HAS THE SAME ISSUE.

SO IF YOU LIVED IN THE HOUSE I GUESS WITH THE ORANGE OR YELLOW THERE, SO YOU NE'ER REALLY NEED TO GET INTO THE OTHER SIDE YARD.

SOME ARE ALL BRICK. THE MAINTENANCE IS MINIMAL.

HE DOESN'TED HAVE THE USE OF THAT.

ONLY THE GUY WITH THE BLUE HAS THE USE TO IT.

AND IT RESIP RAH KATES DOWN SO IT'S FAIR EVERYBODY HAS THE SAME SITUATION. NOW,

>> WHAT MAKES THAT DIFFERENT? >> YOU CAN'T DO ZERO NOW BECAUSE CODES CHANGE. THE CLOSEST YOU CAN BUILD IS THREE FEET WITHOUT A FIRE RATING SO THERE'S A LINE BETWEEN DOWN THE MIDDLE AND SO YOU HAVE NO FIRE RATING BUT YOU DO IT BY USE BECAUSE WITH THE CODE YOU BUILD ON THE PROPERTY LINE.

OKAY. THIS DOES REQUIRE PUBLIC HEARING.

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

WOULD ANYBODY LIKE TO COME FORWARD AND SPEAK ON THIS ITEM?

I'LL CLOSE THE PUBLIC HEARING. >> ONE, THANK YOU SO MUCH FOR THE PICTURES OF THE PICTURES. THAT IS HELPFUL.

TWO, I'M ACTUALLY HEADED TO FRANKLIN, TENNESSEE THIS UPCOMING WEEK SO I COMPLETELY UNDERSTAND WHAT YOU'RE SAYING.

IF YOU HAVEN'T SEEN IT IN PERSON WARREN IT'S WORTH IT TO WALK AND SEE IT IN REAL LIFE. MY QUESTION IS ABOUT THE BUFFER.

I DON'T ACTUALLY HAVE A PROBLEM WITH THE ISR BECAUSE THEY DID ASK FOR IT IN THE TOWNHOUSE SEPARATELY FROM THE SINGLE FAMILY DETACHED SO IT'S PROBABLY MY -- I WANT TO BE ABLE TO MAXIMIZE THAT. I FEEL LIKE THAT'S IMPORTANT.

OUT THERE IT'S A LOT OF PASTURE LAND AND NOT A LOT OF GROWTH.

I WOULD LIKE THERE TO BE BOUNDARY THERE.

GREAT DEVELOPMENT. I THINK IT LOOKS LOVELY THOUGH.

>> THAT LEADS ME TO ASK THE QUESTION SO WE WERE TALKING

[00:55:02]

ABOUT THIS EARLIER, WITH THE WORDING OF THE CONDITIONS FOR APPROVAL UNDER NUMBER ONE, IT SOUNDS LIKE THERE'S -- SOME OF THIS MIGHT BE READY FOR A MOTION ON THE TABLE.

LET'S -- >> 20 FEET IS 20 FEET RIGHT.

SO THE QUESTION IS WHAT LEEWAY DO THEY HAVE TO REMOVE AND REBUILD? BUT IT'S NOT A QUESTION OF WHETHER OR NOT THE 20 FEET IS GOING TO CHANGE. IS THAT CORRECT? YEAH. IT WILL BE 20 FEET.

>> AM I UNDERSTANDING YOUR ISSUE OR YOUR --

>> ASK THEIRS VERSUS STAFF. I WAS POINTING TO THE APPLICANT.

>> DIFFERENCE OF OPINION ON THIS. IT'S A 20-FOOT SPACE ALONG THE PROPERTY LINE. GOES AROUND THE PERIMETER OF THE SITE. WHEN THE CODE SAYS BASICALLY A VEGETATIVE BUFFER ALONG THE PERIMETER.

20 FOOT WIDE UNDISTURBED NATURAL BUFFER.

I WOULD NOT READ THAT AS MUTUALLY EXCLUSIVE ITEMS. FOR INSTANCE, IF THERE WAS A PORTION THAT WAS DENSELY VEGETATIVE, I WOULD SAY YOU HAVE TO SELECT ONE OR THE OTHER FOR THE ENTIRE PERIMETER THAT WOULD NOT MAKE SENSE AND THE REASON FOR STAFF'S CONDITION WAS TO TRY TO PROVIDE THE FLEXIBILITY THAT I THOUGHT THE APPLICANT WAS LOOKING FOR.

IN OTHER WORDS WE DON'T HAVE ANY INFORMATION OR DATA AT THIS POINT IN TIME THAT TELLS US FOR THAT PERIMETER, 20 FEET, WHAT'S OUT THERE. YOU KNOW.

ARE THERE SOME EXISTING MATURE TREES OUT THERE MAKING SENSE TO KEEP? GOOD SPECIMENS OUT THERE THAT WOULD BE PART OF A GOOD BUFFER AND SO THE INTENT IS TO PROVIDE THE FLEXIBILITY TO PRESERVE VEGETATION WHEN IT GOES THROUGH DRT AND WE HAVE INFORMATION PROVIDED BY YOU WOULD SUPPLEMENT THE EXISTING VEGETATION YOU PRESERVE WITH OTHER THAT IS TALKED ABOUT IN THAT BUFFER TO ESTABLISH THE PROPER BUFFER.

>> INTENT WISE IT SOUNDS LIKE YOU'RE IN VIOLENT AGREEMENT.

HOWEVER, COMMA, THE WORDING OF -- CAN YOU READ THAT FIRST COUPLE OF SENTENCES OF THAT ORDINANCE AGAIN? IT SAYS ONE OR THE OTHER. I MEAN, THAT IS LEGALESE FOR YOU DO ONE OR THE OTHER OR THERE CAN BE SOME ISSUE LATER ON.

IT MUST MEET IF STANDARDS FOR RESIDENTIAL BUFFER.

>> IT'S THE WORD OR. >> THAT'S FINE.

THERE ARE OTHER EXCHANGES IN THE INCENTIVE EXCHANGE AREA AND ONE OF THEM IS THIS: IT SAYS, YOU KNOW, HOUSING FOR THE ELDERLY AND/OR LOW MODERATE INCOME SHOULD BE HERE'S WHAT IT SAYS.

IF A COMBINATION I DON'T HAVE THE ACTUAL WORDING.

WELL, I PROBABLY DO. JUST ONE SECOND.

ALL RIGHT. SO IN THE CODE UNDER EXCHANGE IT HAS HOUSING FOR THE ELDERLY AND/OR LOW/MODERATE INCOME.

PROVISION OF HOUSING QUALIFIED AS ELDERLY HOUSING OR LOW-MODERATE MODERATE INCOME FAMILIES AND I GUESS WHEN I READ THAT I THINK OF IT IS SAME WAY THAT IF SOMEBODY CAME IN AND THEY WANT TO DO HOUSING BUT DON'T WANT TO HAVE ALL ELDERLY

[01:00:01]

HOUSING. MAYBE THEY WANT SEEN YOUR HOUSING AND SOME THAT'S THIS OTHER TYPE OF HOUSING FOR LOW TO MODERATE INCOME, I THINK YOU WOULD WANT TO GET THE BEST OF BOTH WORDS IF YOU WILL. AND BE ABLE TO DO THAT.

THAT'S JUST THE WAY I WOULD INTERPRET IT.

BUT THE DECISION IS YOURS AS FAR AS IF YOU WANT TO APPROACH THIS FROM THE STANDPOINT OF WELL WE'D LIKE TO SEE IF WE CAN PRESERVE SOME EXISTING VEGETATION WHERE IT MAKES SENSE AND THEN PROVIDE A BRAND NEW BUFFER WHERE IT'S NOT POSSIBLE TO PRESERVE VEGETATION YOU GO WITH STAFF'S RECOMMENDATION.

>> HOW DO YOU MAKE THE CALCULATION? SAY WE WANT TO KEEP SOME? IS THERE A GET OUT THERE AND START MEASURING WHAT YOU'RE KEEPING AND -- HOW DO YOU MAKE THAT DECISION ON WHAT MORE DOES HE HAVE TO ADD IF HE'S LEAVING THE BIG OAK TREE HOW DO YOU MAKE THAT DECISION ON IT?

>> TO ME, THE WAY I READ IT, ULTIMATELY WE'RE LOOKING FOR A LANDSCAPE BUFFER THAT MEETS THE REQUIREMENTS OF 4 # 2.0 # AND THAT SPELLS OUT WHAT HAS TO BE WITHIN THAT BUFFER.

OKAY. 20 FEET BUT WHAT HAS TO BE WITHIN THAT BUFFER.

RIGHT. THEY MAY TAKE REALED -- READINGS AND -- NOT NECESSARILY ABOUT SAVING PINES BUT IF IT'S A NICER TREE WHERE IT MAKES SENSE YOU WOULD SEE THAT INFORMATION ON HERE AND WE'D ALREADY HAVE AN IDEA OF IF IT MAKES SENSE BECAUSE WHILE THERE ARE TREES IN CERTAIN AREAS ON THIS LAND, WE DON'T KNOW IF THEY'RE WITHIN THE BUFFER, TRUNK, OR OUTSIDE THE 20-FOOT BUFFER. SO WE WERE TRYING TO KICK THAT CAN DOWN THE ROAD A LITTLE BIT, TAKE A LOOK AT WHAT INFORMATION THE APPLICANT CAN PROVIDE AT THAT POINT IN TIME AND MAKE A DETERMINATION IN THE PROPER SENSE AS TO WHETHER THERE IS VEGETATION THAT MAKES SENSE TO BE KEPT.

IF YOU WANT TO LEAVE THAT DOOR OPEN TO PRESERVING SOME VEGETATION I THINK STAFF'S CONDITION WORKS.

IF YOU WANT TO GO WITH LET'S JUST GO WITH BRAND NEW BUFFERS AND HAVE 20 FOOT BUFFERS THAT JUST MEET THAT CODE THEN I THINK WE CAN CHANGE IT TO REFLECT THAT.

IT LOOKS LIKE THE APPLICANT IS CONCERNED ABOUT NOTES 5, 6, 8.

AS FAR AS NOTE 6, THAT IS CLEARLY SOMETHING WE'RE GOING TO HAVE TO ADDRESS BUT AS FAR AS FIVE AND EIGHT, THEY COULD STILL MOVE FORWARD IF THEY FULFILL THE REST OF THEIR REQUIREMENTS.

IS THAT CORRECT? >> AS A CONDITION OF APPROVAL I ALWAYS TRY TO MAKE SURE IT'S WRITTEN IN EITHER ITS MAY LIKE WE HAD IN OLD SAM FORD, IT SAYS WE'D LIKE TO HAVE THE SCHOOL SITE RELOCATED TO THE INTERIOR OF THE SITE IF POSSIBLE SO THAT WAS NOT A MANDATORY STATEMENT. FINGERPRINT THERE'S SOMETHING UNDER ENGINEERING OR PLANNING OR RESOURCES MANAGEMENT THAT THE ASK -- IS I THINK IT GOES BACK TO THAT DISCUSSION IF YOU'RE IN FAVOR OF ON STREET PARKING. I'LL LET TECH TALK TO YOU AND GIVE REASONS AS TO WHAT THIS ISSUES ARE.

>> SHOULD BE INSTEAD OF SHALL BE WHICH SOUNDS LIKE THEY DON'T HAVE TO DO IT. AND IF IT SAYS SHOULD WE'LL HAVE THOSE DISCUSSIONS AND SEE WHAT HAPPENS.

UNLESS IT'S IN MANYING MANUAL. >> THAT LEADS ME TO THE QUESTION THAT YOU SUGGESTED WHICH IS IN THIS PARTICULAR -- IS THE ORDINANCE SAY NO PARKING ON WHAT'S THE WORD IN TERMS OF PARKING ON THE PUBLIC STREET? WHY ARE WE SAYING DON'T DO IT? THAT JUST SAYS IT BANS IT COMPLETELY?

>> I COULD NOT FIND A REFERENCE IN THE CITY CODE THAT WE ALLOW THE CASE BRETT MENTIONED. IT WAS DONE IN '0405 THROUGH LENGTHY WAIVERS. I THINK WARREN MAY HAVE BEEN THE ONLY ONE ON THE PLANNING COMMISSION AT THE TIME BUT THEY MUST HAVE HAD I DON'T KNOW MAYBE TEN OR SO DESIGN WAIVERS.

ONE WAS FOR THE ON STREET PARKING AND THAT WAS GRANTED BY THE PLANNING COMMISSION AND SUBSEQUENTLY BY THE CITY COUNCIL AS PART OF THE ZONING. AS A FORMER BOARD MEMBER

[01:05:11]

PRESIDENT OF A HOMEOWNERS ASSOCIATION, PARKING ON THE STREET IS THE MOST DIFFICULT PART OF YOUR COVENANTS TO ENFORCE BECAUSE THE CITY, IT'S A PUBLIC STREET SO YOU TELL SOMEBODY YOU CANNOT PARK ON A PUBLIC STREET AND THEY'LL JUST GO TO THE POLICE AND THE POLICE ARE SAY NO YOU'VE GOT 72 HOURS BEFORE WE STRIPE YOU AND ALL YOU HAVE TO DO IS DRIVE AROUND THE BLOCK AND PARK THERE AGAIN. AND SO IT'S VERY DIFFICULT.

AND UNLESS IT IS WHERE YOU'RE CAUSING AN UNSAFE CONDITION.

NOT NECESSARILY A NUISANCE TO THE PEOPLE THAT YOU PARK IN FRONT BECAUSE THEY WANT TO LOOK AT YOUR BIG F-250 ALL DAY BUT IT'S VERY DIFFICULT. SO I JUST WANT TO SAY THAT IT MAY NOT BE A BAD THING FOR THEM TO HAVE THAT PARKING DESIGNATED PARKING AT THAT AMENITY. OR IF THEY DIDN'T HAVE IT ON THE STREET THEY'D HAVE TO TAKE SOME -- SOME SURFACE IN THE AMENITY AREA TO MAKE IT IMPERVIOUS TO DO SO.

I THOUGHT WE WERE GOING TO VICE PRESIDENT FIGHTS IN THE STREET OVER PARKED CARS IN FRONT OF PEOPLE'S HOUSES.

THEY JUST DO IT. BUT ANYWAY, THAT'S -- I GOT THE FLOOR ON THAT ONE, CAN I MENTION THE OTHERS.

I HAVE A QUESTION RELATED TO THE PRIVATE STREET.

WE TALKED ABOUT WOULD THERE BE A PROBLEM OF PEOPLE WHO ARE LEAVING THE PRIVATE HOMES HERE TO THE EAST AND GOING TO THE COMMERCIAL AREA ON A PRIVATE STREET WHICH WOULD BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION OF THE TOWN HOMES.

IS THAT STILL I MEAN ARE YOU AWARE THAT'S THE WAY YOU'VE GOT THAT? THAT'S WHAT IT LOOKS LIKE TO ME.

>> SO THIS PROPERTY THAT YOU HAVE MASTER COVENANTS SO THE COMMERCIAL INCLUDED IN THE COVENANTS AND THEY WOULD HAVE A PAYMENT AGREEMENT FOR THEIR SHARE OF THE ROAD.

>> OH. >> AND JUST LIKE YOU SHARED ATTENTION WE'RE GOING TO HAVE THE COMMERCIAL HAVE THE SAME DETENTION AS THE HOMEOWNERS AND THEN THE COMMERCIAL USES 20% TO CLEAN THE POND OUT THEY WILL PAY 20% HOMEOWNERS PAY 80%.

SO IT WOULD BE A TOTALLY ACCESS AGREEMENT THAT EVERY PROPERTY OWNER IN THERE CAN GO THROUGH THERE AND --

>> ENTIRE PDD, NOT JUST TOWNHOUSES.

THE HOMES AS WELL? >> RIGHT.

SO YOU'RE GOING TO ASSESS EVERYBODY AS FAR AS THE DUES THAT WILL PAY THAT BECAUSE I KNOW MOST HOMEOWNERS ASSOCIATIONS WOULD BE SHOCKED HOW MUCH IT COSTS PER SQUARE

FOOT TO REPAVE A STREET. >> YOU'LL HAVE A SUB ASSOCIATION FOR THE TOWN HOMES BECAUSE THE HOA WILL PAY THE INTROMAINTENANCE, ROOFING, CLEAN WINDOWS, THE INSURANCE BUT IT WOULD NOT BE PART OF THE SINGLE FAMILY BECAUSE THEY'RE GOING TO MAINTAIN THE EXTERIORS BUT THE LANDSCAPING CAN BE DONE BY THE

[01:10:59]

HOA. >> THAT WOULD JUST BE THEIR HOA

FEES. >> OKAY. THANK YOU.

SOMETHING TO CONSIDER. >> THANK YOU.

>> A COMMENT ON I GUESS IT WAS -- QUESTION ON THE EASEMENT.

I HAVE NOT TALKED TO OUR CITY ENGINEER YET BUT I WOULD THINK EVEN THOUGH THOSE ARE PRIVATE STREETS THE ROUTE WE WERE TALKING ABOUT FROM WHERE THE SINGLE FAMILY IS OVER TO THE COMMERCIAL YOU HAVE A STRETCH OF A PRIVATE STREET THERE, I WOULD EXPECT THAT AT SOME POINT WE WOULD HAVE AN EASEMENT PUBLIC INDE INDE

INDEPRESS EH DEPRESS EASEMENT. >> I WANT TO MAKE SURE IT'S MAINTAINED BECAUSE IT WILL CATCH MORE WEAR AND TEAR THAN JUST THE PEOPLE WHO LIVE IN THOSE TOWNHOUSES.

>> SURE. I THINK IT SHOULD GO ALL THE

WAY -- >> THAT ANSWERS MY QUESTION.

>> OKAY. >> ALL RIGHT.

IC WE'RE READY FOR A MOTION.

SO SOMEBODY LIKE TO PROPOSE ONE? APPROVED SUBJECT TO CONDITIONS INCLUDED IN THE STAFF REPORT WITH THE EXCEPTION OF THE -- PARKING NO PARKING ON THE STREET AT THE DESIGNATED AREA OF THE OPEN SPACE THERE.

I'M SORRY, WOULD THAT BE YOU RECEIVED A HANDOUT TONIGHT THAT HAD AMENDED CONDITIONS OF APPROVAL.

>> YEAH. THE AMENDED CONDITIONS.

>> WITH THE 14 AS OPPOSED TO THE 17.

>> YES. >> THAT CORRECT?

>> YEAH. YEAH.

>> NOW, BUT I DIDN'T READ THE MASTER PLAN AS SHOWING PARKING ALONG THE PROPOSED PUBLIC STREETS.

I THOUGHT WE WERE ONLY SHOWING IT ALONG THE PARKING ON THE PUBLIC STREETS ON THE SIDES OF THE OPEN SPACE.

>> NO, THEY'VE GOT IT ALONG THE TOWN HOME SECTIONS.

>> TOWN HOMES, YEAH. >> BUT THOSE ARE PUBLIC STREETS IN FRONT OF THE TOWN HOMES AS WELL AS AROUND THE TWO AMENITY

SITES. >> IS IS THAT CLEAR TO YOU?

>> THERE ARE PRIVATE STREETS THAT ARE THE PRIVATE STREETS.

THERE IS PARKING ON THOSE AND THAT'S NOT AN ISSUE FOR STAFF.

I WAS JUST GRANTING ABOUT PARKING ADJACENT TO THE OPEN SPACE.

OF COURSE THEY'LL BE DRIVING GOLF CARTS.

>> MAY I CLARIFY? >> YES.

>> WOULD YOU REPEAT WHAT YOU'RE SAYING? I'M SORRY. I'M NOT FOLLOWING.

[4. Conditional Use – Swann Farm – PUBLIC HEARING CU-2022-004 ]

[01:18:27]

THIS IS ITEM 4 WHICH IS A CONDITIONAL USE REQUEST.

>> YES. >> HELLO.

>> THIS FINAL CASE FOR THE SWANN FARM PDD ON TONIGHT'S AGENDA IS A REQUEST FOR APPROVAL OF USES FROM A NUMBER OF CATEGORIES INCLUDING INSTITUTIONAL, OFFICE, ROAD SERVICE, NURSERY, COMMERCIAL SUPPORT, AND COMMERCIAL AND ENTERTAINMENT USES. THE COMMERCIAL PORTION OF THE PDZ LOCATED IN THE NORTHWEST PORTION OF THE DEVELOPMENT SITE.

64,000 SQUARE FEET OF SPECIAL SPACE.

STAFF DOES SUPPORT THE MAJORITY OF REQUESTED USES EXCEPT FOR THE ONES HERE SHOWN IN RED STRIKEOUT.

ALL OF THE INSTITUTIONAL USES WE RECOMMEND NOT BEING PERMITTED AS WELL AS -- LET ME SEE IF I CAN -- GASOLINE SERVICE STATION, VETERINARY OFFICE WITH OUTDOOR PINS.

FUNERAL HOME. PRECIOUS METAL PURCHASE AND SALES AND THAT'S ALL. THE APPLICANT HAS AGREED TO REMOVE THESE USES FROM THE REQUEST.

[01:20:04]

THE DRT REVIEW WILL EVALUATE THE -- ANY DRIVE THROUGH CONFIGURATION AS WELL AS DRIVEWAY SPACING ON COX AND WIRE ROADS. THERE MAY NEED TO BE ADJUSTMENTS MADE TO BOTH OF THOSE WHICH WILL BE REVIEWED DURING DRT.

STAFF DOES RECOMMEND APPROVAL. RECOMMENDS THAT YOU FORWARD TO THE CITY COUNCIL A RECOMMENDATION FOR APPROVAL OF THE USES MINUS THESE STRUCK OUT HERE AND THERE ARE ALSO A NUMBER OF CONDITIONS INCLUDED IN YOUR PACKET THAT WOULD ACCOMPANY THAT

APPROVAL. >> OKAY. THANK YOU.

>> THANK YOU.

THIS IS OUTDOOR. THEY DON'T HAVE OUTDOOR KENNEL.

THIS REQUIRES A PUBLIC HEARING. DOES ANYONE WANT TO COME FORWARD AT THIS TIME AND HAVE SOMETHING TO SAY? PLEASE DO COME FORWARD.

>> THOSE WOULD NOT BE CONDITIONS OF APPROVAL.

THE PLAN ON THE SCREEN RIGHT NOW THERE IS A WE ARE CONCERNED ABOUT THE ANGLE OF GOING THROUGH THAT DRIVE THROUGH AND HAVING TO LOOK BACK OVER YOUR SHOULD TORE SEE WHERE YOU'RE -- WHERE THE TRAFFIC MAY BE THAT'S COMING SO THAT'S ONE OF THE REASONS FOR THAT CONDITION AND WHY IT'S IN THERE.

WE'D LIKE TO LOOK AT THAT DRT AND MAYBE MASSAGE IT A LITTLE BIT. QUESTIONS OR COMMENTS FOR A

MOTION? >> SECOND

>> WHAT ABOUT STAFF CONDITIONS? >> AND CONSIDERATIONS OF

COMMENTS. >> YES.

MOTION AND A SECOND. >> AYE.

>> OPPOSED. >> NO.

[5. Conditional Use – Arch Co North Dean Road – PUBLIC HEARING CU-2022-005 ]

ITEM FIVE. THIS IS KCU 2022-005.

OUR COMPANY NORTH DEAN ROAD REVISED CONDITIONAL USE.

MR. HOW WELL. >> GOOD EVENING.

OKAY SO THIS IS A CONDITIONAL USE REQUEST FOR PERFORMANCE RESIDENTIAL MULTIUNIT DEVELOPMENT.

LOCATED AT 1397 NORTH DEAN ROAD. THEY HAVE TO GET A BUILDING PERMIT DURING THAT TIME IN ORDER THE TAKE ADVANTAGE OF WHAT IS APPROVED. THERE IS ALLOWANCE MADE FOR A SINGLE SIX-MONTH EXTENSION FOR CONDITIONAL USES SHOULD AN APPLICANT FEEL LIKE THEY'RE NOT GOING TO BE ABLE TO GET THAT 18 MONTH. SO 2020 THIS WAS ORIGINALLY IMPROVED NOT TOO LONG AGO IN AUGUST OF LAST YEAR, Y'ALL APPROVED THE SIX MONTH EXTENSION FOR THIS DEVELOPMENT.

THE APPLICANT IS STILL NOT READY TO GET THEIR BUILDING PERMIT ALTHOUGH THEY HAVE EXPRESSED THAT THEY'RE MAKING PROGRESS TO GET TO THAT POINT. THEY HAVE GONE THROUGH THE TW DEVELOPMENT ROUTINE. STAFF DEPARTMENTS HAVE ALL WEIGHED IN ON THAT PROCESS AND GIVEN THEIR FEEDBACK TO WHICH THE APPLICANT HAS ALREADY MADE THEIR CHANGES.

[01:25:02]

THE YOU ARE -- HOWEVER, THEY'RE STILL REACHING THAT NEW DEADLINE OF JUNE AND ARE CONCERNED. SO THE ONLY AVENUE FOR THEM TO THEN CONTINUE TO BE ABLE TO HAVE THAT CONDITIONAL USE SINCE THEY'VE ALREADY USED THAT SIX MONTH EXTENSION IS TO GET A NEW ONE AND THAT IS WHAT THAT IS. THE -- AS PROPOSED, THEY ARE REQUESTING 250 UNITS WHICH IS THE SAME AS WAS ORIGINALLY APPROVED AND WHICH WAS DISCUSSED DURING THE.

>> THIS IS JUST A COVID CASUALTY PROJECT ON THIS ONE.

WE'RE NOT COMFORTABLE CHANCING IT.

IT EXPIRES IN JUNE SO THERE'S NO OTHER AVENUE TO GET IT REAPPROVED SO THAT'S ESSENTIALLY ALL IT IS.

PLANES AND EVERYTHING -- BUILDING AND CIVIL PLANS ARE APPROVED. EVERYTHING IS READY GO.

IT'S JUST GETTING TO THE FINAL LOADING PLACE ON THE CONSTRUCTION SITE. THAT'S ALL IT IS.

THANK YOU.

>> YEAH. THANK YOU.

>> OKAY. THIS REQUIRE ACES A PUBLIC HEARING.

ANYONE LIKE TO COME FORWARD AND SPEAK ON THIS AT THIS TIME.

MOSTLY AFTER THE IS HERE.

SEEING NO ONE, I'LL CLOSE PUBLIC HEARING.

LOOK FOR A MOTION OR A CONVERSATION.

>> QUESTION.

>> YOU MAKE A POINT TO SAY THAT THE MAJOR STREET PLAN ENVISIONS THAT NORTH DEAN ROAD WOULD BE EVENTUALLY EXTEND TO HIGHWAY 280 AND BE A THREE LANE ROAD. IS THERE AS DESIGNED NOW, WILL YOU STILL HAVE ENOUGH LAND RIGHT OF WAY?

>> YES. >> THIS IS ACCESSING THE EXISTING SECTION NORTH OF HERE TO 280.

WE WOULD PROBABLY DO A SIMILAR SECTION.

>> OKAY. ALL RIGHT.

>> I MOVE TO APPROVE. 2022005.

>> SECOND. >> MOTION AND A SECOND.

ALL IN 235I6R. >> AYE.

>> OPPOSED. >> MOTION CARRIES.

[6. Preliminary Plat – Parker Creek Townhomes – PUBLIC HEARING PP-2022-003 ]

>> SIX. THIS IS A PRELIMINARY PLAT PP 2022-003, PARKER CREEK TOWN HOMES.

>> YES, SIR. GOOD EVENING, COMMISSIONERS.

THE REQUEST BEFORE YOU IS FOR A PRELIMINARY PLAT APPROVAL FOR A 31 LOT PERFORMANCE SUBDIVISION LOCATED ON EAST LONG LEAF DRIVE OF THE WALMART SHOPPING CENTER. IT CONSISTS OF ONE ON RECORD WHICH KIND OF WRAPS AROUND A MULTIUNIT DEVELOPMENT.

IS STONEED CDD AND WITH SCDD ADJACENT TO IT.

IT CONSISTS OF 30 TOWN HOME LOTS AND ONE OPEN SPACE LOT ON APPROXIMATELY 6.28 ACRES RESULTING IN A DENSITY OF JUST OVER FOUR UNITS AN ACRE. THE DEVELOPER HAS PROVIDED A CONCEPTUAL PLAN FOR THE REMAINDER OF THE PROPERTY AND THIS SECTION OF IT DOES COMPLY WITH THAT OUTLINE.

>> THIS REQUIRES A PUBLIC HEARING.

ANYBODY LIKE TO COME FORWARD AND SPEAK AT THIS TIME? PARKER CREEK TOWN HOMES? SEEING NO ONE, I'LL CLOSE PUBLIC HEARING.

>> FOR QUESTIONS OR COMMENTS? MY ONLY LITTLE BIT OF A CONCERN ON THIS ONE IS THE WAY THE HOUSES ALONG -- WE TALKED ABOUT THIS WHERE THE HOUSING FACES LONG LEAF DO WE GET THE BACK OF THE FENCE OR NO FENCE AT ALL AND IN EVERYBODY'S BACKYARD OR THE FRONT END OF THE TOWN HOME ALONG THAT STRETCH?

[01:30:17]

>> WILL ARE WILL HAVER AND LANDSCAPING REQUIREMENTS.

STAFF DID LOOK AT THAT AND IN THE STAFF REPORT YOU'LL SEE A RECOMMENDATION TO FRONT THOSE UNITS ON EAST LONG LEAF.

IT'S NOT REQUIRED FOR THE REGULATIONS BUT CERTAINLY WITHIN THE PLANNING COMMISSION'S PURVIEW TO PLACE THAT AS A REQUIREMENT. IT'S MAINTAINED BY THE HOA.

SO YOU COULD I THINK YOU COULD WORD THAT FOR THOSE UNITS THAT BACK UP AND THEN THE OTHER QUESTION WOULD BE THERE'S ONE UNIT THAT ACTUALLY SIDES UP AGAINST WEST LONG LEAF AND YOU DO THAT YOU MAY WANT TO CONTINUE TO CROSS THE SIDE OF THAT LOT AS WELL. IT LOOKS LIKE A WIDE LOT BUT THE APPLICANT IS NOT HERE I GUESS TO ADDRESS THOSE.

CONVERSELY YOU COULD ALSO -- WELL, WE'D HAVE A PROBLEM IF WE DEFERRED IT I GUESS BECAUSE THEY'RE NOT HERE AND YOU HAVE A CERTAIN TIME LIMIT ON PLATS.

>> AT LEAST THEY GAVE US THE WHOLE IDEA.

THAT'S NOT THE ONLY PIECE THAT WE KNOW.

>> I FEEL GOOD ABOUT ACQUIRING FRONT OF LONG LEAF.

THAT WOULD NOT BE MY PREFERENCE IF I WAS A HOMEOWNER.

>> OKAY.

I WILL MAKE A MOTION TO APPROVE THIS PRELIMINARY PLAT WITH STAFF

CONDITIONS. >> ORIENTED SO THAT THE FRONT DOOR IS ON LONG LEAF AT THIS TIME GUESS WE COULD BE SPECIFIC

ABOUT THOSE LOTS COULDN'T WE? >> LOTS ONE THROUGH EIGHT.

>> I'M GOING TO GO WITH THE REVERSING IT.

THAT WHAT YOU SAID? OKAY.

>> BECAUSE THERE'S GOING TO BE ADDITIONAL -- IT WOULD OBVIOUSLY BE ALL OR NOTHING SO IF YOU WANT TO SAY THE TOWN HOMES ON LOTS ONE THROUGH EIGHT WOULD NEED TO BE ORIENTED WITH THEIR FRONTS FACING LONG LEAF DRIVE OR IF THEY DON'T DO THAT IF YOU WANT TO GIVE THEM AN OUT WITH THE FENCE AND LANDSCAPING YOU CAN DO THAT. I'LL ADD THAT AS AN OPTION.

ONE OR THE OTHER. OKAY. SO EITHER THEY -- OR -- THEY'RE FACING LONG LEAF OR THAT THE DEVELOPER PROVIDES SOME FORM OF FENCING AND LANDSCAPING BUFFER.

>> SOLID FENCE WITH LANDSCAPE. >> SOLID FENCE.

YES. >> AND IF THAT WAS THE CASE WOULD IT ALSO THEN APPLY TO LOT NUMBER WHAT IS THAT LOGAN?

>> THE OTHER ONE -- SIDEWAYS. >> I BELIEVE IT'S 18.

>> OKAY. THANK YOU.

>> ALSO TO INCLUDE THE NEXT PHASE.

DO YOU HAVE THE LOTS ON THOSE?

[STAFF COMMUNICATION ]

[01:36:50]

PLEASE HOW WELL HAS OTHER PLANS AND I WON'T ELABORATE ON THAT BUT WE'RE GOING TO MISS HIM. I APPRECIATE ALL THE WORK HE'S DONE FOR AUBURN AND THE PLANNING DEPARTMENT AND WE CERTAINLY WISH

HIM THE BEST. >> WE DO.

HE'S ALREADY HAD THE BEST. >> OH, WELL.

>> HE'S DONE A FINE JOB. >> IT'S DOWNHILL ALL THE WAY,

MAN. >> DOESN'T GET ANY BETTER THAN

THAT. >> YEAH.

>> WAY TO GO. CONGRATULATIONS THERE.

HOPE YOU -- WISH YOU GOD SPEED AND GOOD LUCK.

>> ALL RIGHT. WE'RE ADJOURNED.

* This transcript was compiled from uncorrected Closed Captioning.