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GOOD EVENING PLANNING COMMISSION MEMBERS.

[00:00:02]

TONIGHT WE ARE MAKING THE CHAIRMAN AND THE CHAIR AND IN ACCORDANCE WITH ROBERT'S RULES WE WILL NEED ONE OF THE COMMISSIONERS TO CALL THE MEETING TO ORDER.

JANICE WILL YOU GIVE US THE PLEASURE?

>> I WILL.

I CALLED THE MEETING TO ORDER.

>> THANK YOU COMMISSIONER.

ALSO IN ACCORDANCE WITH ROBERT'S RULES IN THE ABSENCE OF BOTH THE CHAIR AND VICE CHAIR THE PLANNING COMMISSIONERS NEED TO IMMEDIATELY MOVE TO ELECT A TEMPORARY CHAIRPERSON FOR THE MEETING TONIGHT.

AND PRESIDE OVER THE MEETING.

>> I WOULD LIKE TO IF YOU ARE WILLING I WOULD LIKE TO NOMINATE YOU THE SERVICE CHAIRMAN TONIGHT.

>> SECOND.

>> JUST TO VOTE ON THAT EVERYBODY IN FAVOR?

>> ALL RIGHT.

SO, IF YOU WOULD LIKE TO MOVE INTO THE MIDDLE CHAIR AND THANK YOU.

ALL RIGHT I HAVE ARTIE CALLED THE MEETING TO ORDER.

WE HAVE A QUORUM.

BEFORE WE START WE NEED TO GIVE A BRIEF OVERVIEW OF THE PROCESS FOR THIS MEETING

[ROLL CALL]

TONIGHT OF THE AUBURN CITY PLANNING COMMISSION.

THE COMMISSION IS PRESENTED WITH AGENDA ITEMS BY THE CITY PLANNING STAFF.

REPRESENTATIVE FOR THE AGENDA ITEM WILL HAVE THE OPPORTUNITY TO MAKE COMMENT AND OR ANSWER SPECIFIC QUESTIONS FROM THE COMMISSION.

FOR THE ITEMS THAT REQUIRE IT FOR THE PUBLIC HEARING THIS WOULD BE FOR ANY CITIZEN TO COME FORWARD TO ADDRESS THE COMMISSION ABOUT THE AGENDA ITEM THAT IS AT HAND.

WE WOULD LIKE EVERYONE WHO WOULD LIKE TO SPEAK TO TAKE THE OPPORTUNITY TO SPEAK AND I WOULD ASK THAT YOU KEEP YOUR TIME TO TALK TO 5 MINUTES AND KEEP YOUR COMMENTS RELATIVE TO THE PARTICULAR CASE AT HAND.

AFTER EVERYONE HAS SPOKEN I WILL CLOSE THE PUBLIC HEARING.

THE REPRESENTATIVE AND THE STAFF WILL THEN HAVE AN OPPORTUNITY TO ANSWER ANY QUESTIONS FROM THE COMMISSIONERS AND RESPOND TO ISSUES THAT WERE BROUGHT UP DURING PUBLIC HEARING.

THEN I WILL OPEN THE FLOOR TO THE COMMISSIONERS FOR DISCUSSION, MOTIONS AND A VOTE.

THE COMMISSION WILL VOTE BASED ON STATE AND LOCAL LAWS.

THE CITY'S COMPREHENSIVE PLAN 2030 AND FOR THE GENERAL GOOD OF THE COMMUNITY.

SINCE I HAVE SUMMARIZED THE BASICS OF THE PLANNING COMMISSION PROCESS HEARING I WOULD ALSO LIKE TO SUMMARIZE OUR ROLE AND RESPONSIBILITY RELATED TO THE APPROVAL OF SUB DIVISION PLAT.

BY ALABAMA STATUTE THE MUNICIPAL PLANNING COMMISSION SUCH AS OURS IS THE FINAL APPROVAL AUTHORITY OF SUBDIVISION PLATS.

WITH REGARDS TO PLATS THE COMMISSION ACTS AS AN ADMINISTRATIVE BODY AND IS BOUND BY THE LIMITATIONS ON STATE LAWS THE CITY ZONING ORDINANCES AND SUBDIVISION REGULATIONS PREVIOUSLY ADOPTED BY THE COMMISSION.

WHILE PUBLIC HEARINGS ARE REQUIRED ON MOST PLAT AND WE WELCOME ANY PUBLIC COMMENTS REGARDING THESE ITEMS PLEASE UNDERSTAND THAT THE COMMISSION'S AUTHORITY IS STRICTLY LIMITED TO CONFIRMING THAT THE PLAT MEETS OR EXCEEDS THE SPECIFIC REQUIREMENTS QUALIFIED BY THE LAWS PREVIOUSLY DESCRIBED.

I WOULD ASK THAT IF YOU INTEND TO SPEAK DURING ANY PUBLIC HEARING THIS EVENING LEASE SIGN IN WITH YOUR NAME AND ADDRESS FOR THE RECORD.

ALSO STATE YOUR NAME AND ADDRESS WHEN YOU APPROACH THE PODIUM AND LIMIT YOUR COMMENT TO 5 MINUTES AND FINALLY I WOULD LIKE TO MAKE A POINT FOR THE PUBLIC IN ATTENDANCE, AS YOU KNOW THE PLANNING COMMISSION IS AN ADVISORY BODY FOR THE CITY COUNCIL EXCEPT IN THE CASE OF SUBDIVISION DECISIONS.

ALL OTHER DECISIONS WILL BE MADE BY CITY COUNCIL AFTER CONSIDERATION OF THE PLANNING COMMISSION POSITION.

MOST OF THE ITEMS WILL BE SENT ON FOR THIS THE COUNCIL FOR THE FINAL DECISION.

WITH THAT, I WILL START WITH, IF I CAN GET MY AGENDA OUT.

SO, WE HAVE OLD BUSINESS, WE DO HAVE THE CONSENT AGENDA TO GO THROUGH.

[CONSENT AGENDA]

THE CONSENT AGENDA TONIGHT CONSISTS OF APPROVAL OF THE MINUTE FROM THE LAST MEETING

[00:05:01]

AND HAS TWO OTHER ITEMS. ONE IS A FINAL PLAT FOR THE QUAIL CHASE SUBDIVISION AND THOSE ARE THE TWO ITEMS WE HAD TO GO THROUGH.

IS THERE ANYTHING ELSE THAT WE NEED TO PULL OUT OF THE CONSENT AGENDA? WHAT WE WILL ALSO DO AT THIS POINT IN TIME IS HAVE CITIZENS COMMUNICATION FOR ANYTHING THAT IS ON THE CONSENT AGENDA THAT YOU HAD TO TALK ABOUT OR ANY OTHER ITEM RELATED TO PLANNING ISSUES THAT IS NOT ON THE AGENDA? IF YOU HAVE ANY ITEM THAT YOU WOULD LIKE TO.

>> COMMISSION: THAT IS NOT REPRESENTED IN A PUBLIC HEARING THIS WOULD BE YOUR OPPORTUNITY TO COME AND SPEAK.

SEEING NO ONE I WILL CLOSE THE PUBLIC HEARING.

AND, THEN I WOULD ASK FOR A MOTION FOR APPROVAL OF THE CONSENT AGENDA.

>> COMMISSIONER: SO MOVE.

>> COMMISSIONER: HIM MOTION AND SECONDED.

ALL APPROVED SAY AYE.

ANY OPPOSED? ALL RIGHT.

THAT APPROVES THE CONSENT AGENDA.

UNDER NEW BUSINESS TONIGHT WE HAVE THE NEXT ITEM AND I BELIEVE WHO I'M NOT SURE WHO

[2. Preliminary Plat – The Preserve– PUBLIC HEARING PP-2022-016]

IS PRESENTING THAT FORCE BUT UNDER NEW BUSINESS IT IS THE PRESERVE PUBLIC HEARING.

>> THIS IS A PLAT REQUEST FOR THE PRESERVE PHASE VI.

THIS IS THE SITE HERE AND I'M SURE YOU ARE FAMILIAR WITH THE PRESERVE.

THIS IS PHASE VI.

IT HAS BEEN IN EFFECT SINCE APPROXIMATELY 2005.

THE ZONING OF THE PRESERVE IS DD H WITH A PRESERVED OVERLAY WHICH IS A SIMILAR ZONING WITH RURAL AND THE SURROUNDING AREA AND SOME OUTSIDE OF THE CITY LIMIT.

THIS IS THE MOST RECENTLY APPROVED MASTER DEVELOPMENT PLAN FOR THE PRESERVE.

YOU WILL SEE THE PROPOSED PHASE VI IN THE NEXT SLIDE MATCHES WITH THE BASICS THAT WAS DESIGNED IN 2017 AS PART OF THIS MASTER DEVELOPMENT PLAN AND YOU CAN SEE THAT THE PHASES ARE CONSISTENT WITH THE MASTER DEVELOPMENT PLAN.

THE ONLY DIFFERENCE IS A FEW LESS LOTS AND SIGNIFICANT INCREASED ACREAGE.

IT CHANGED THE DENSITY FROM 2.46 IN THIS PLAN TO 2.22 IN THE NEXT PROPOSED PLAN WHICH IS PAGE 1 RIGHT HERE AND PAGE 2 RIGHT HERE.

IT IS GOING TO BE A TOTAL OF 249 LOTS ON 112 ACRES.

AND AS I SAID IT DOES COMPLY WITH THE MASTER DEVELOPMENT PLAN AND OUR REGULATIONS.

WE HAVE SOME NOTATIONAL CONDITIONS AND WE HAVE BEEN WORKING WITH THE APPLICANT ON GETTING THOSE FIXED BEFORE THE FINAL PLAT.

THOSE WILL BE ADDRESSED BEFORE THAT COMES TO YOU.

WE HAD A CITIZEN WITH A LIST OF QUESTIONS THAT YOU ALL RECEIVED.

WE HAVE HOPEFULLY ANSWERED THOSE I KNOW HE IS HERE WITH ONE MORE BUT HOPEFULLY WE HAVE ANSWERED THOSE QUESTIONS.

DO YOU HAVE ANY QUESTIONS FOR ME?

>> COMMISSIONER: NO THANK YOU PAIRED WITH THE REPRESENTATIVE OR APPLICANT LIKE TO SPEAK BEFORE I OPEN THE PUBLIC HEARING?

>> GUEST SPEAKER: I AND KENNETH WHITE WITH FLOWERS AND WHITE.

I AM HERE TO ENTERTAIN ANY QUESTIONS THAT ARE IN THIS PLATS.

AS SHE SAID, IT IS A DDH WITH A PH OVERLAY.

I CAN ANSWER ANY QUESTIONS.

>> COMMISSIONER: GREAT, THANK YOU.

THIS AGENDA ITEM DOES REQUIRE A PUBLIC HEARING SO I WILL OPEN THE PUBLIC HEARING AT THIS TIME.

IF YOU COME FORWARD FOR 5 MINUTES PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD.

>> PUBLIC COMMENT: I AM DON CONNOR, AND I HAD SOME CONCERNS ABOUT THIS ROAD INTERSECTING ACROSS FROM MY HOME.

MORGAN HAS BEEN GREAT ABOUT GETTING ANSWERS FOR ME AND IT'S BEEN GREAT.

FIRST OF ALL, THAT INTERSECTION ON MY ACCOUNT IS GOING TO BE THE EASIEST WAY FOR THE OWNERS OF 118 HOMES TO GET IN AND OUT.

[00:10:04]

I HAVE BEEN ASSURED THAT THERE WOULD BE THEY CALL IT A RIGHT TURN LANE BUT I BELIEVE IT IS A DECELERATION LANE AND A LEFT TURN LANE IN FARMVILLE TO ALLOW PEOPLE TO GET IN.

MY CONCERN IS THAT THERE WILL BE CONGESTION ON FARMVILLE.

I DROVE IT LAST NIGHT AND I IMMEDIATELY HAD TO ESCALATE TO 65 SO A TRUCK WOULDN'T RUN UP ON ME.

IT IS A JOKE OUT THERE AND THE SPEED IS A REAL CONCERN FOR ALL OF US AND I AM GLAD THAT THEY ARE GOING TO TREAT IT LIKE A MAJOR INTERSECTION.

I ASKED WHAT THE RIGHT-OF-WAY WAS FOR THE 80 FEET.

I MEASURED THE ROAD AT 20 AND THE RIGHT TURN LANE IS AT 12.

IT LOOKED LIKE THE OWNERS OF THESE HOMES WHO HAVE FAMILIES AND INEVITABLY WILL PUT UP A WOOD FENCE BEHIND THEM, I WAS CURIOUS HOW FAR IT WAS FROM THE DECELERATION LINE TO THE PROPERTY LINE AND IT WORKS OUT TO 18 FEET.

THE ONLY OTHER COMMENT I'VE GOT I KNOW YOU ARE NOT THE WATER BOARD BUT MY WATER PRESSURE STINKS.

I HAVE BEEN TOLD I'M AT THE END OF THE LINE AT THE WATER TOWER THAT WAS BUILT OR DONE WHEN I GUESS ALL OF THIS IS ALL OF OUR FAULTS BECAUSE EVERYBODY WANTS TO KNOW WHO WANTS TO LIVE OUT THAT FAR BECAUSE THAT WATER TOWER WAS BUILT 20 YEARS AGO AND IT IS NOT ADEQUATE.

THE DIFFERENCE IS TOO GREAT FOR THE ELEVATION IS IN INADEQUATE AND THIS IS COMING FROM THE WATER BOARD PEOPLE.

I HOPE THAT WE ALL GET A CHANCE TO HAVE DEVELOPERS IN HERE THAT YOU WILL BE LOOKING FOR A NEW WATER TOWER SITE BECAUSE WE SURE DO NEED IT.

AND BOY ARE THEY GOING TO NEED IT.

AND THAT IS ALL I'VE GOT.

THANKS.

>> COMMISSIONER: THANK YOU.

ANYONE ELSE LIKE TO SPEAK TO THIS ITEM?

>> PUBLIC COMMENT: I HAVE A QUESTION AND I DON'T KNOW IF IT'S APPROPRIATE.

>> COMMISSIONER: YOU ARE WELCOME TO COME UP AND SPEAK.

IS IT REGARDING THIS ITEM? THIS GIVE ME YOUR NAME AND YOUR ADDRESS AND WE WILL ANSWER YOUR QUESTIONS DURING THE COMMENTS.

>> PUBLIC COMMENT: MY NAME IS NICK PHILLIPS AND I LIVE AT.YOU CAN'T SEE IT ON THIS MAP BUT IT IS ON THE PEAR TREE FARM SUBDIVISION.

ACTUALLY, THE NEXT PHASE BACKS UP TO OUR HOUSE.

ANYWAY, IT IS MY UNDERSTANDING THAT THERE HAS TO BE SOME SORT OF BUFFER MAINTAINED BETWEEN PARCELS OF LAND WITH DIFFERENT ZONING CLASSIFICATIONS.

FOR EXAMPLE, PEER TREE FARMS CLASSIFIED RURAL AND THIS PARTICULAR SUBDIVISION FOR THE PRESERVE AS MENTIONED IS, HELP ME OUT? ZONING?

>> COMMISSIONER: WE WILL GET THAT CLARIFIED FOR YOU.

>> PUBLIC COMMENT: WHAT IS THE PLAN FOR A BUFFER BETWEEN PEAR TREE FARMS AND THIS PRESERVE BETWEEN PHASE VI AND PHASE VII?

>> COMMISSIONER: WE WILL GET THAT QUESTION ANSWERED DURING OUR DISCUSSION.

>> GUEST SPEAKER: PLEASE MAKE SURE TO SIGN AND IF YOU HAVEN'T SIGNED IN.

>> COMMISSIONER: WOULD ANYONE ELSE LIKE TO SPEAK ON THIS ITEM? SEEING NO ONE I'M GOING TO CLOSE THE PUBLIC HEARING.

WE WILL OPEN DISCUSSION WITH THE COMMISSIONERS.

DOES ANYBODY HAVE ANY QUESTIONS THAT THEY WOULD LIKE TO ASK? I HAVE A COUPLE BUT IF ANYONE ELSE WOULD LIKE TO ASK ANY QUESTIONS OF THE STAFF?

>> COMMISSIONER: I WANT TO GET CLARIFICATION OF THE WATER TOWER SITUATION AND THE WATER PRESSURE IS THAT SOMETHING THAT YOU ALL HAVE LOOKED AT?

>> GUEST SPEAKER: YES.

THE WATER TOWER IS BEING FILLED TO HALF OF ITS CAPACITY BECAUSE OF THE LOW DENSITY IN THE AREA.

THERE ARE WATER QUALITY ISSUES THAT WE HAVE TO CONSIDER.

I WAS UNAWARE OF ANY COMPLAINTS ABOUT LOW-PRESSURE OUT THERE SO I'M NOT SURE WHO THE GENTLEMAN SPOKE TO BUT I CAN LOOK AT THAT.

AS MORE HOMES ARE BUILT WE WILL BE ABLE TO FILL THAT WATER TOWER HIGHER AND THAT WILL HELP THE PRESSURE IN THE FUTURE.

>> COMMISSIONER: AS FAR AS A SECOND GENTLEMAN CAME AND YOU HAVE CLARIFICATION TO

[00:15:03]

HELP HIM?

>> COMMISSIONER: THE ANSWER IS THERE ARE NO BUFFER YARDS REQUIRED.

>> COMMISSIONER: THAT'S WHAT I THOUGHT.

>> COMMISSIONER: IT'S BECAUSE IT'S BETWEEN RESIDENTIAL?

>> GUEST SPEAKER: IT'S BECAUSE IT IS A CONVENTIONAL SUBDIVISION AND NOT REQUIRED.

>> COMMISSIONER: I HAVE A COUPLE QUESTIONS FOR STAFF I DID READ THROUGH THE EMAIL THAT MR. CONNOR SENT EARLIER TODAY AND I NOTICED A LOT OF HIS QUESTIONS WERE ABOUT STREET IMPROVEMENTS AND THINGS OF THAT NATURE.

IS THAT SOMETHING THAT'S GOING TO BE MOVED OUT IN THE DEVELOPMENT AGREEMENT? DO WE HAVE A DEVELOPMENT AGREEMENT IN PLACE FOR THIS? SORRY, I AM NOT SPEAKING INTO MY MICROPHONE.

>> THAT'S OKAY WE ARE WORKING WITH THE DEVELOPER FOR THE NEXT PHASE SUBSEQUENT PHASE.

IT IS NOT FINALIZED AT THIS TIME BUT IT WILL'SWILL COVER STANDARDIZE DEVELOPMENT THAT IS NOT IN THE MANUAL.

>> COMMISSIONER/CHAIR: WE ARE APPROVING TONIGHT THE CONSIDERATION FOR PRELIMINARY PLAT WITH THAT DEVELOPMENT BE IN PLACE BEFORE WE WOULD SEE THE FINAL PLAT?

>> GUEST SPEAKER: YES.

WE ASK THAT THAT WOULD BE IN PLACE BEFORE THE TEAM AND THE ENGINEERING PLANS BE APPROVED.

APPROVING THE PRELIMINARY PLAT ESSENTIALLY GIVES THEM SOME GUARANTEE THAT YOU GUYS ARE OKAY WITH THE DEVELOPMENT OF THE FORWARD AND THEN MOVE FORWARD WITH ENGINEERING.

>> COMMISSIONER/CHAIR: BUT NOTHING WOULD MOVE FORWARD UNTIL THAT FINAL PLAT IS APPROVED AND MOVED FORWARD?

>> GUEST SPEAKER: YES MA'AM.

>> COMMISSIONER/CHAIR: OKAY, THANK YOU.

DOES ANYONE ELSE HAVE ANY QUESTIONS OR WOULD YOU LIKE TO MAKE A MOTION?

>> COMMISSIONER: I APPROVE.

>> COMMISSIONER: SECOND.

>> COMMISSIONER/CHAIR: DO WE NEED TO DO A ROLL CALL OR CAN I DO YAY OR NAY.

>> COMMISSIONER/CHAIR: ALL IN FAVOR? ANY OPPOSED? .

I DIDN'T SAY AYE.

ALL RIGHT.

OUR NEXT ITEM OF BUSINESS TONIGHT IS THE MIRACLE ROAD TOWNHOMES, EMU D.

[3. Conditional Use – Miracle Road Townhomes MUD – PUBLIC HEARING CU-2022-039]

>> GUEST SPEAKER: BEFORE YOU IS THE USE APPROVAL FOR A PERFORMANCE RESIDENTIAL USE.

PROPERTY IS LOCATED AT 1764 MIRACLE RD. IN THE DDH ZONING DISTRICT.

IT'S LOCATED TO THE EAST OF.[INDISCERNABLE] HERE IS THE SITE PLAN FOR THE PROPOSED DEVELOPMENT.

IT CONSISTS OF 32 DWELLING UNITS ON APPROXIMATELY 9.2 ACRES.

THE PROPOSED DEVELOPMENT AND DENSITY ARE CONFORMING TO THE FUTURE LAND USE AND THERE IS LOW DENSITY RESIDENTIAL AND STAFF DOES PLAN APPROVAL WITH CONDITIONS.

IN THE PACKET MEETING THERE WERE SOME CONDITIONS IN THAT ERA STAFF REPORT WITH SOME CONVERSATIONS BETWEEN THE PROJECT ENGINEER AND STAFF WE FELT THAT SOME OF THOSE CONDITIONS COULD BE REMOVED AND THOSE ARE CONDITIONS FROM PLANNING NUMBER TWO AND FIVE.

THERE WERE SOME ADDITIONAL CONVERSATIONS WITH WATER RESEARCH MANAGEMENT ABOUT SEWER AND WATER UTILITIES AND THOSE WILL BE ADDRESSED DURING ENGINEERING PLAN REVIEW.

WE FELT THOSE CONDITIONS COULD BE REMOVED AS WELL.

I WOULD BE HAPPY TO ANSWER ANY QUESTIONS.

THE APPLICANT'S REPRESENTATIVE IS FORESIGHT GROUP AND I DID NOT RECEIVE ANY COMMUNICATION FROM THE PUBLIC ON THIS ONE.

>> COMMISSIONER/CHAIR: THIS ITEM REQUIRES A PUBLIC HEARING.

WITH THE APPLICANT LIKE TO SPEAK OR THE REPRESENTATIVE? OKAY.

Q.

I WILL OPEN THE PUBLIC HEARING IF ANYONE WOULD LIKE TO SPEAK ON THIS ISSUE PLEASE COME FORWARD AND STATE YOUR NAME AND ADDRESS FOR THE RECORD.

>> PUBLIC COMMENT: MY NAME IS JOHN R BROWNFIELD.

I AM INTRIGUED THAT THERE ARE THAT MANY HOUSES THAT ARE BEING PUT THEIR.

OR THAT MANY DWELLING UNIT.

I AM NOT AWARE OF SEWER ON THE ROAD AT THIS TIME ALL OF IT IS SET THICK.

THE WHOLE AREA IS SINGLE DWELLING UNITS AND AS FAR AS I KNOW THERE ARE A COUPLE OF

[00:20:02]

DUPLEXES ACROSS MIRACLE ROAD BUT IT SEEMS LIKE A GREAT DIVERGENCE FROM WHAT I HAD EXPECTED IN THE AREA.

THANK YOU.

>> COMMISSIONER/CHAIR: WE WILL GET THAT QUESTION ANSWERED ON THE SEWER.

WOULD ANYONE ELSE LIKE TO SPEAK? SEEING NO ONE I WILL CLOSE THE PUBLIC HEARING DO WE HAVE ANY COMMENTS, QUESTIONS FROM COMMISSIONERS?

>> COMMISSIONER: I WILL ASK A QUESTION THAT THE GENTLEMAN ASKED THE STAFF ABOUT THE ACCESS TO THE SEWER SYSTEM FOR THAT MUCH DEVELOPMENT?

>> COMMISSIONER: AUBURN FARMS DOWN THE ROAD IS PUTTING IN A SEWER PUMP STATION AND ONE OF THE PLANS WAS TO HAVE AN ON-SITE PUMPING SYSTEM TO PUMP TO THAT GRAVITY MAIN THAT WOULD GO DOWN TO THAT PUMP STATION WHERE THERE IS ANOTHER ONE THEY ARE LOOKING AT TWO PUMPING THE SEWER DOWN TO GRAVITY LANE.

THEY HAVEN'T DETERMINED WHICH ROUTE THEY WANT TO TAKE RIGHT NOW BUT BOTH OF THEM ARE AVAILABLE.

>> COMMISSIONER/CHAIR: IS THAT THE CONDITION IN HERE FOR THE LIFT STATION THAT IS IN OPERATION BEFORE THE ZONE?

>> GUEST SPEAKER: THAT'S THE ORIGINAL COMMENTS.

THEY'RE LOOKING AT ANOTHER ALTERNATIVE AND WERE LOOKING AT THAT COMMENT AT THAT TIME.

>> COMMISSIONER/CHAIR: OKAY BUT THEY WILL NOT BE SEPTIC?

>> GUEST SPEAKER: NO.

>> COMMISSIONER/CHAIR: THANK YOU.

>> COMMISSIONER: I HAVE A QUESTION.

PROBABLY FOR THE APPLICANT.

THIS PIECE OF THIS PROPERTY THAT IS ADJOINING OR POINTING AT MIRACLE ROAD, THAT DOES NOT HAVE ANY UNITS ON THERE, WHAT IS THAT GOING TO BE? IS THAT OPEN SPACE? IT IS GOING TO BE OPEN SPACE.

CAN YOU TELL ME ABOUT WHAT'S GOING IN THE BUFFER YARD PARTICULARLY BETWEEN THE TWO SINGLE-FAMILY HOMES IN THIS DEVELOP MEANT?

>> GUEST SPEAKER: THE OPEN SPACE ARE ON THE EAST SIDE OF DEVELOPMENT AND IN THAT AREA ON THE LITTLE FINGER OF MIRACLE ROAD IS A LEFTOVER PIECE AND IT'S NOT GOING TO BE UTILIZED, IT WILL PROBABLY REMAIN UNDISTURBED RIGHT NOW.

IN REGARDS TO BUFFERING WE WILL BE MEETING THE 15 FOOT BUFFER REQUIREMENTS AND PLANNING THEM FOR THE CITY REQUIREMENT.

ONE OF THE CONDITIONS ON HERE IS TO PROVIDE A 10 BY 10 OUTDOOR PATIO.

WE WILL HAVE 10 BY 10 OUTDOOR PATIOS AT THE BACK OF EVERY UNIT OUTSIDE OF THE BUFFER YARD AND WE WILL HAVE THE CITY REQUIRED FOR YARD.

>> COMMISSIONER/CHAIR: WHAT TYPE OF PLANTINGS WILL BE BACK THERE? BEYOND THOSE PATIOS?

>> GUEST SPEAKER: IT WILL BE PLANTINGS TO THE CITY REQUIREMENT.

IF THERE IS A SPECIFIC THING YOU ARE LOOKING FOR - >> COMMISSIONER/CHAIR: WE ARE LOOKING FOR EVERGREENS.

>> GUEST SPEAKER: YES.

IS THERE A TRUE 15 FOOT BUFFER REQUIREMENT?

>> GUEST SPEAKER: THE SPECIES, THE DEVELOPERS HAVE A WIDE VARIETY OF SPECIES AND IF YOU WANT AN EVERGREEN THAT COULD BE A CONDITION THAT YOU CAN PUT THE APPLICANT AGREEABLE TO.

BUT, LANDSCAPE REQUIRED WOULD BE 181 STREET SITES AND 277 SHRUBS AND THOSE ARE DISPERSED THROUGHOUT THE SITE IN THE BUFFER YARDS.

>> GUEST SPEAKER: THERE WOULD BE A CERTAIN AMOUNT THAT WOULD HAVE TO BE ALONG THE ROAD FRONTAGE.

>> COMMISSIONER/CHAIR: RIGHT.

>> GUEST SPEAKER: THE OTHERS THAT WOULD BE CONCENTRATED TO THE EAST SIDE WHICH WOULD BE THE OPEN SPACE.

IT WOULD BE NATURAL THERE.

>> COMMISSIONER/CHAIR: THE OPEN SPACE RIGHT NOW WOULD NOT BE USED?

>> GUEST SPEAKER: THE OPEN SPACE IS FLOODPLAIN TO THE EAST.

THERE'S NOT MUCH WE CAN DO IN REGARDS TO THAT AS FAR AS CITIZEN RELATIONS.

>> COMMISSIONER/CHAIR: ANY OTHER QUESTIONS FOR STAFF? DO WANT TO ASK ABOUT THE CONDITIONS.

DO WE NEED TO MAKE A MOTION TO REMOVE?

>> GUEST SPEAKER: WE HAVE UPDATED THE STAFF REPORT.

WE JUST DIDN'T HAVE A CHANCE TO GET THAT TO YOU ALL BEFOREHAND.

>> COMMISSIONER/CHAIR: I DID NOT KNOW IF WE NEEDED TO TAKE THEM OUT.

THANK YOU.

ARE THERE ANY OTHER QUESTIONS? I WANTED TO ASK ABOUT THE PRIVATE ROAD, DID YOU UPDATE SINCE TWO DAYS AGO FROM THE DEDICATION?

>> GUEST SPEAKER: NO MA'AM.

>> COMMISSIONER/CHAIR: THAT WOULD BE A REQUIREMENT THAT THAT ROAD WOULD BE DEDICATED?

>> GUEST SPEAKER: YES MA'AM.

>> GUEST SPEAKER: I TALKED WITH MIKE MAYOR WHO IS WITH PRECISION RUNNING ON THE FINAL PLAT OF THAT TO THE WAY IT IS BROKEN UP THERE ARE THREE PLATS.

THE PLOTTING OF MIRACLE ROAD, THE PLOTTING OF SARAH LANE CONVERTING IT TO A CITY STREET AND THEN THERE IS A THIRD PLAT FOR THE AUBURN FARMS DEVELOPMENT.

IT WAS MY UNDERSTANDING THAT THE PLAT FOR MIRACLE ROAD REROUTE WAS PRETTY MUCH READY TO GO AND BEING SUBMITTED BACK TO THE CITY FOR FINAL SIGNATURES TO BE RECORDED.

THE SARAH LANE PLAT, THE OWNER HAS SIGNED THAT THEY HAVE TO COLLECT THE SIGNATURES FOR ALL THE PROPERTY OWNERS ABOUT DEDICATING THE REQUIRED 10 FOOT EASEMENTS.

THEY ARE IN THE PROCESS OF COLLECTING THOSE EASEMENTS THAT WERE PREVIOUSLY NEGOTIATED WITH ALL THOSE PROPERTY OWNERS.

AND THEN THE FINAL PLAT FOR THE HOMES WHICH IS MY UNDERSTANDING IS AFTER THE FIRST OF THE YEAR.

IT IS MY UNDERSTANDING THAT THIS PLAT FOR SARAH LANE AND MIRACLE ROAD WOULD BE DONE AT THE END OF THE YEAR.

>> COMMISSIONER/CHAIR: THAT IS VERY HELPFUL, THANK YOU.

DO WE HAVE A MOTION?

>> COMMISSIONER: I MOVE THAT WE APPROVE CU-2022-039 WITH CONDITIONS.

>> COMMISSIONER: SECOND.

>> COMMISSIONER/CHAIR: ALL IN FAVOR? ALL OPPOSED?

[00:25:02]

OKAY.

NEXT ITEM IS TACO BELL.

>> GUEST SPEAKER: YES.

THIS IS A CONDITIONAL USE REQUEST FOR A ROAD SERVICE USE, A FAST FOOD RESTAURANT AT 1821 E.

GLENN AVENUE THIS IS NEAR THE INTERSECTION OF EAST GLENN EAST UNIVERSITY IN A COMMERCIAL DEVELOPMENT AREA WITH STORES, A RESTAURANT, A VET OFFICE AND THERE IS CURRENTLY A CARWASH THERE AND THAT WILL BE REMOVED.

THE PROPERTY IS ZONED CDD AND YOU CAN SEE THE SURROUNDING AREA IS AS WELL ON ALMOST ALL SIDES.

THIS IS THE SITE PLAN THAT HAS BEEN PROVIDED.

[4. Conditional Use – Taco Bell – PUBLIC HEARING CU-2022-040]

IT IS A 2051 SQUARE-FOOT RESTAURANT AND IT MEETS OUR DEVELOPMENT STANDARDS FOR THE ZONING DISTRICT AS WELL AS THE SPECIAL DEVELOPMENT STANDARDS FOR FAST FOOD RESTAURANT SPECIFICALLY AND IT WILL MOVE THE COURT OR REGULATIONS ON EAST GLENN PER THE APPLICANT IS AWARE OF ALL OF THESE REGULATIONS AND WE RECOMMEND APPROVAL.

THIS IS IN ELEVATION.

>> COMMISSIONER: WITH CONDITIONS?

>> GUEST SPEAKER: YES IT IS.

THREE PLANNING AND ENGINEERING ONE.

>> COMMISSIONER/CHAIR: THANK YOU VERY MUCH.

WITH THE APPLICANT LIKE TO SPEAK OR THE REPRESENTATIVE? ALL RIGHT.

THIS DOES REQUIRE A PUBLIC HEARING SO I WILL OPEN THE PUBLIC HEARING IF YOU WOULD LIKE TO SPEAK COME FOR YOU HAVE 5 MINUTES.

SEEING NO ONE I WILL CLOSE THE PUBLIC HEARING.

ANY COMMENTS OR QUESTIONS FROM THE COMMISSION?

>> COMMISSIONER: MY ONLY CONCERN IS THAT THERE WOULD STILL BE ACCESS FROM THE GLENN AVENUE ENTRANCE TO THE BANK AND IT LOOKS LIKE THERE IS THAT IS STILL MAINTAINED.

I THINK THAT WAS DISCUSSED AT THE PACKET AND MAINTAINED AND THAT WAS MY BIGGEST CONCERN.

WITH THAT I WILL MAKE A MOTION TO ACCEPT THIS AGENDA ITEM, CU-2022-040 AS PROPOSED IN MOVING FORWARD WITH THE CITY WITH STAFF CONDITIONS.

>> COMMISSIONER/CHAIR: WITH CONDITIONS.

>> COMMISSIONER: SECOND.

>> COMMISSIONER/CHAIR: WE HAVE A MOTION AND A SECOND.

ALL IN FAVOR? ALL OPPOSED? AND IT PASSES.

>>> THE NEXT ITEM AGENDA IS AUBURN SELF POUR.

[5. Conditional Use – Auburn Self Pour, LLC – PUBLIC HEARING CU-2022-041]

>> GUEST SPEAKER: YES.

[00:30:01]

THIS IS FOR APPROVAL FOR AN ENTERTAINMENT USE SPECIFICALLY FOR A LOUNGE.

THE PROPERTY IS LOCATED AT 200 W.

GLENN AVENUE SUITE 200.

HERE IS AN AERIAL OF THE SITE.

THERE IS A WAFFLE HOUSE TO THE EAST AND, THANK YOU.

THERE IS 191 DOWN ON THE CORNER OF COLLEGE AND GLENN.

THIS USE IS A SELF POUR TAPROOM WITH IN AN EXISTING MULTITENANT BUILDING.

THEY PLAN TO HAVE 40 TAPS OF DIFFERENT BEERS, WINE, OTHER ALCOHOL BEVERAGES AND THOSE TAPS WILL BE CONTROLLED BY A TOUCHSCREEN MONITOR AND YOU WILL HAVE AN RF ID CARD TO LIMIT YOUR ACTIVITIES, YOUR DRINKING ACTIVITIES.

THE STAFF FEELS THAT THE USE IS IN LINE OF ZONING AND FUTURE LAND USE DESIGNATION OF URBAN POUR AND WOULD LIKE RECOMMENDATION WITH APPROVAL.

>> COMMISSIONER/CHAIR: THANK YOU APPEARED WITH THE APPLICANT OR REPRESENTATIVE CARE TO SPEAK?

>> COMMISSIONER/CHAIR: OKAY, THANK YOU.

THIS AGENDA ITEM DOES REQUIRE A PUBLIC HEARING SO I WILL OPEN THE PUBLIC HEARING AT THIS TIME.

WOULD ANYONE LIKE TO COME FORWARD? ALL RIGHT, SEEING NO ONE I WILL CLOSE THE PUBLIC HEARING.

COMMENTS OR QUESTIONS FROM THE COMMISSION? OR A MOTION.

>> COMMISSIONER: I WILL MOVE APPROVAL OF THIS PARTICULAR AGENDA ITEM CU-2022-041 WITH THE STAFF CONDITIONS.

>> COMMISSIONER/CHAIR: I WILL SECOND.

WE HAVE A MOTION AND A SECOND.

ALL IN FAVOR? ANY OPPOSED? ALL RIGHT, THE MOTION CARRIES.

>> GUEST SPEAKER: HELLO AGAIN.

NEXT IS A REQUEST FOR A RECOMMENDATION FOR CITY COUNCIL FOR CONDITIONAL USE

[6. Conditional Use – Well Red Two – PUBLIC HEARING CU-2022-042]

APPROVAL OF A SPECIFIC COFFEE SHOP AND DRIVE THROUGH.

IT WILL BE LOCATED ON NORTH DONAHUE DOCTOR AND NORTH OF RUTH WAY, ADJACENT.

THE REQUEST WILL BE FOR A 4000 SQUARE-FOOT BOOKSTORE AND THEY WILL HAVE AN ANCILLARY COFFEE SHOP WITH AN ORDER AND PICK UP WINDOW THAT IS WE WILL CALL IT THE WEST SIDE.

IT WILL NOT BE THE TRADITIONAL ELECTRONIC BOX LIKE MCDONALD'S OR TACO BELL BUT AN IN PERSON ORDER AND PICK UP WINDOW.

THE ZONING HERE IS CDD.

WE HAVE DDH TO THE ADJACENT OWENS CROSSING AND ALSO SURROUNDING THE PROPERTY ON THE OTHER SIDE.

THIS PROPERTY IS IN THE MASTER PLAN MIXED USE FUTURE LAND USE.

THE STAFF FEELS THAT THE USE IS IN HARMONY OF ZONING AND FUTURE LAND USE AND RECOMMENDS FORWARDING TO CITY COUNCIL WITH RECOMMEND MISSION FOR APPROVAL CONDITIONS.

>> COMMISSIONER/CHAIR: THANK YOU VERY MUCH.

WHAT THE REPRESENTATIVE LIKE TO SPEAK? ALL RIGHT, THANK YOU.

THIS ALSO REQUIRES A PUBLIC HEARING SO I WILL OPEN IT UP AT THIS POINT.

WOULD ANYONE LIKE TO COMMENT ON THIS ITEM? ALL RIGHT.

SEEING NO ONE I WILL CLOSE THE PUBLIC HEARING AND WE WILL HAVE PUBLIC COMMENTS WITH A MOTION FROM THE COMMISSION.

>> COMMISSIONER: I MOTION FOR THE CITY COUNCIL WITH RECOMMENDATION FOR APPROVAL WITH RECOMMENDATIONS.

>> COMMISSIONER: SECOND.

>> COMMISSIONER/CHAIR: I HAVE A MOTION AND A SECOND.

ALL IN FAVOR? ALL OPPOSED? THE MOTION CARRIES.

>> GUEST SPEAKER: ALL RIGHT THE LAST FROM ME IS FOR A WAIVER FOR A SUBDIVISION

[7. Waiver – Dawson Farm Plat No. 1 – PUBLIC HEARING WZ-2022-009]

REGULATION.

YOU WILL BE FAMILIAR WITH THIS REQUEST.

YOU HAVE SEEN A FEW IN THE PAST MONTH AND A WAIVER TO ALLOW LESS THAN 500 FEET FROM NONADJACENT PLAT LOTS FROM ACROSS THE STREET.

THE POVERTY IS LOCATED AT 3948 COTTON VALLEY LANE.

IT IS YOU WILL SEE ON THE MAP IT IS OUTSIDE OF THE CITY LIMITS.

IT IS ADJACENT TO EXISTING CITY LIMITS.

THE MAJORITY OF THE PROPERTY IN THE AREA IS OUTSIDE THE CITY LIMITS.

HERE IS AN AERIAL SHOT OF VEGETATIVE PROPERTY.

THERE IS NOTHING ON THEIR AT THIS TIME.

HERE IS AN ILLUSTRATION SHOWING THE DISTANCE BETWEEN THE FLAG LOT ON THE SAME

[00:35:10]

SIDE OF THE STREET.

COTTON VALLEY DOG LEGS IS TO THE EAST ON THE SUBJECT PROPERTY WHICH PROVIDES ONLY ABOUT 70 FEET OF RIGHT-OF-WAY FOR THE ENTIRE 48 ACRES THAT THEY ARE LOOKING TO SUBDIVIDE.

THOSE TWO FLAG LOTS ARE CLOSE TO 400 FEET TO THE WEST.

HERE IS A PLAT ZOOMED OUT AND IT SHOWS THE ENTIRETY OF THE SUBJECT PROPERTY OR THE LOT IN THE MIDDLE IN THE GRAY IS WHAT THEY ARE HOPING TO SUBDIVIDE OUT WITH THE LARGER PIECE.

THERE IS A ZOOM IN WHICH SHOWS HOW THE PROPERTY WILL BE SUBDIVIDED AT THE RIGHT-OF-WAY PROVIDING 30 FEET OF RIGHT-OF-WAY TO EACH OF THE LOT.

LEE COUNTY SUBDIVISION REGULATION ARE 60 FEET FOR A STANDARD LOT AND THESE WOULD BE CONSIDERED FLAG LOT.

BOTH OF THESE PROPERTIES LIKE I MENTIONED ARE OUTSIDE, THE ENTIRE PROPERTY IS OUTSIDE OF THE CITY LIMIT BUT IT IS CONTIGUOUS TO THE CITY LIMIT.

IT COULD BE ANNEXED AT SOME TIME ITSELF DOES RECOMMEND APPROVAL OF THE WAIVER REQUEST.

>> COMMISSIONER/CHAIR: THANK YOU.

IS A REPRESENTATIVE HERE THAT WOULD LIKE TO SPEAK? THANK YOU VERY MUCH.

THIS ALSO REQUIRES A PUBLIC HEARING AND IF ANYONE WOULD LIKE TO SPEAK PLEASE COME FORWARD AND STATE YOUR NAME AND ADDRESS.

SEEING NONE I WILL CLOSE THE PUBLIC HEARING.

DO WE HAVE COMMENTS OR EMOTION?

>> COMMISSIONER: I HAVE SOME QUESTIONS.

FIRST TO THE ENGINEERING.

THE 60 FOOT PRIVATE ACCESS IN THE PACKET IT SAYS IT COULD BECOME A PUBLIC ROAD WHEN THEY DECIDE TO FURTHER SUBDIVIDE LOT ONE.

IF THEY DECIDE TO ANNEXED INTO THE CITY THAT MEET ALL REGULATIONS?

>> GUEST SPEAKER: 60 FEET IS THE MINIMUM COUNTY RIGHT-OF-WAY WITH.

ANY ADDITIONAL DEVELOPMENT THE 60 FEET WOULD COVER THE RIGHT-OF-WAY.

>> COMMISSIONER/CHAIR: THIS PUBLIC ROAD IT WOULD HAVE TO COME BACK TO US?

>> GUEST SPEAKER: YES.

IF WE WANTED TO DO A STANDARD PUBLIC STREET IT WOULD HAVE TO COME BACK TO THE PLAT PROCESS.

>> COMMISSIONER/CHAIR: WOULD IT BE MAINTAINED BY THE COUNTY?

>> GUEST SPEAKER: IF IT WAS RETAINED IN THE PUBLIC COUNTY.

AND IN EITHER CASE THE SUBDIVISION PLAT WOULD COME TO YOU FOR RIGHT-OF-WAY.

>> COMMISSIONER/CHAIR: RIGHT.

EXACTLY.

THEN I HAVE A QUESTION FOR THE APPLICANT.

THAT IS, YOU HAVE ALREADY SUBDIVIDED.

I NOTICED IN 2018, THE THREE LOTS NORTH OF THAT WHERE THIS OWNER WAS IN PARTNERSHIP WITH ANOTHER OWNER AND THE SUBDIVISION WAS ANNEXED INTO THE CITY IN 2018 WAS PART OF THE LARGER PLOT OF PROPERTY AND THAT HAS ALREADY BEEN SUBDIVIDED INTO THREE ACRE LOT AND LOT 1 AND LOT 2 COMING OFF OF SUBDIVIDED FROM LOT ONE WAS PART OF LOT 1 AND SO, THE QUESTION IS, I WANT TO NOTE YOU ARE AWARE THAT WHEN THE OWNER DECIDES TO COME BACK TO SUBDIVIDE LOT ONE HE WILL HAVE TO HAVE PUBLIC ROAD IN THERE.

MY OTHER QUESTION IS, WHY NOT GO AHEAD AND SUBDIVIDE IT OFF, SHOW US WHERE THE ROADS ARE AND COME BACK IN AND GET IT OVER WITH IN ONE PIECE.

>> GUEST SPEAKER: EXCUSE ME CHAIRWOMAN.

CAN I COME FORWARD TO USE THE MICROPHONE SO EVERYONE CAN HEAR ME? SO WHAT IS REALLY GOING ON HERE IS THAT THIS PROPERTY THE OWNER OF THE PROPERTY SIMPLY WANTS TO GIVE HIS DAUGHTER A THREE ACRE LOT BECAUSE SHE IS CRAMPED IN THE HOUSE SHE IS RIGHT NOW AND SO THE THREE-ACRE IS REQUIRED BY THE HEALTH DEPARTMENT A MINIMUM OF THREE ACRES WHICH IT MEET AND ACTUALLY TWO THINGS.

ONE, THE COMMENT WAS MADE THAT WHEN THAT'S DEVELOPED, I THINK THE APPROPRIATE

[00:40:05]

PHRASE WOULD BE IF THAT IS DEVELOPED.

TO MY KNOWLEDGE THERE ARE NO PLANS TO DEVELOP ANYTHING.

THIS IS SIMPLY A FATHER WHO WANTS TO GIVE HIS DAUGHTER A THREE ACRE LOT.

THE COUNTY HAD A CONCERN WITH THE EASEMENT.

WHAT THEY DID WAS THEY MADE A POLE INSTEAD OF AN EASEMENT.

IN OTHER WORDS, THE 60 FOOT STRIP IS DEEDED TO LOT TWO.

THE DAUGHTER WILL OWN THE ENTIRE THING GOING TO THE ROAD.

THE FATHER WILL HAVE OF THE ROADWAY AND IN OTHER WORDS HE HAS ACCESS BECAUSE IF YOU NOTICE BELOW THE 60 FOOT STRIP HE GOES DOWN WITH HUNDREDS OF FEET NEARLY 400 EIGHT OF ACCESS TO HIS EXISTING PROPERTY WHICH THEN CROSSES INTO MACON COUNTY AND HE HAS A LOT OF ACCESS TO GO AROUND.

TRYING TO SATISFY THE THE COUNTY'S FUTURE REQUIREMENTS AND PRESENT REQUIREMENTS AND MAKE THE CITY HAPPY, TOO.

AND AGAIN, TO MY KNOWLEDGE THERE IS NO DEVELOPMENT GOING ON.

THIS IS JUST A FATHER WHO WANTS TO GIVE HIS DAUGHTER THREE ACRES.

>> COMMISSIONER/CHAIR: THANK YOU.

>> COMMISSIONER: MOTION APPROVE.

>> COMMISSIONER/CHAIR: ALL RIGHT WE HAVE A MOTION AND A SECOND.

ANY FURTHER DISCUSSION? ALL RIGHT.

ALL IN FAVOR? ANY OPPOSED? THE MOTION CARRIES.

>> GUEST SPEAKER: HELLO, LAST BUT CERTAINLY NOT LEAST THE NEXT ITEM ON THE AGENDA IS A RECOMMENDATION TO CITY COUNCIL FOR ZONING ORDINANCE TEXT AMENDMENTS TO SECTION, ARTICLE 2, SECTION 203 DEFINITIONS AND ARTICLE 6 SIGNS SUBSECTION 602

[8. Zoning Ordinance Amendment – Murals – PUBLIC HEARING ZT-2022-001]

DEFINITIONS AND 604 PROHIBITIVE SIGNS.

THE PURPOSE OF THIS TEXT AMENDMENT IS TO REMOVE THE PROHIBITION OF MURALS WITHIN THE CITY LIMITS.

THEREBY PERMITTING THEM WITHIN THE CITY OF AUBURN.

AS YOU ALL ARE AWARE EARLIER THIS YEAR THE MAYOR APPOINTED A STUDY GROUP TO KIND OF DETERMINE A METHODOLOGY TO ALLOW MURALS WITHIN THE CITY LIMITS AND THAT GROUP WAS COMPRISED OF TWO PLANNING COMMISSIONERS, AND TO CITY COUNCIL MEMBERS, BOB PARSONS AND BETH WHITMAN AND BETH WHITMAN WAS ASKED TO CHAIR THE STUDY GROUP AND WE MET WITH THE STUDY GROUP AND HAD SEVERAL MEETINGS TO DISCUSS THESE OBJECTIVES.

WHAT WAS DETERMINED DURING THIS MEETING WERE SIX OBJECTIVES THAT STAFF LOOKED FURTHER INTO WITH THE GROUP.

THE MAIN ONE BEING TO REMOVE MURALS AND TO AMEND IF NECESSARY THE DEFINITION OF A MURAL AND ANY OTHER DEFINITIONS WITH THE ZONING ORDINANCE AS IT RELATES TO A MURAL.

AND ALSO, TO DETERMINE IF ANY NUISANCES OR OBSCENE TAX 'S OR IMAGES WOULD APPLY TO A MURAL AND LASTLY TO CONSIDER ADDING A DEFINITION OF GRAFFITI.

WHAT WAS DETERMINED WAS TO NO LONGER CONSIDER A MURAL ASSIGN.

IT WOULD BE A WORK OF ART AND THEREBY WE REMOVED THE DEFINITION FROM THE SIGN SECTION AND ADDED IT TO THE OVERALL GENERAL DEFINITIONS AND THE ZONING ORDINANCE.

AND REMOVED FROM SECTION 6 ARTICLE 6.

AND THEN THE DEFINITION NOW WOULD REFER TO A MURAL AS ONLY A SIGN WITH A GRAPHIC THAT HAD A COMMERCIAL MESSAGE THAT WOULD NOT DEEMED A MURAL IT WOULD BE DEEMED A COMMERCIAL SIGN SO WE MODIFIED THAT DEFINITION A BIT AND BECAUSE THERE WAS NO DEFINITION FOR A SIGN IN THE ZONING ORDINANCE WE ADDED THAT DEFINITION AS

[00:45:03]

WELL.

LASTLY, WE REMOVED MURALS FROM THE PROHIBITED SIGN SECTION.

AND, WE DID RUN ALL THESE RECOMMENDATIONS BY THE LEGAL DEPARTMENT AND REVIEWED ALL THE CHANGES AND WE HAD PROPOSED CHANGES FOR APPROVAL AND WE FORWARDED THAT TO THE CITY COUNCIL AND I WOULD BE HAPPY TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE.

NONE? NO QUESTIONS?

>> COMMISSIONER/CHAIR: DID YOU WANT TO HAVE THE PUBLIC HEARING?

>> COMMISSIONER: A NUANCE.

IF PUTTING A MURAL UP AS ARTWORK IT CANNOT HAVE ANY WORDS ON IT?

>> GUEST SPEAKER: IT CAN.

>> COMMISSIONER: THAT DOES NOT MAKE IT A SIGN?

>> GUEST SPEAKER: ONLY IF IT HAD A COMMERCIAL MESSAGE.

THAT WOULD MAKE IT A SIGN.

AND THE SIGN COULD NOT BE PAINTED.

ANY OTHER QUESTIONS?

>> COMMISSIONER: TO CLARIFY WHAT HE SAID THE DESIGNATION THE DIFFERENCE BETWEEN A SIGN AND A MURAL IS THE COMMERCIAL MESSAGE? THAT IS THE DESIGNATION?

>> COMMISSIONER: PERFECT.

>> COMMISSIONER: WHO MAKES THE DESIGNATION?

>> GUEST SPEAKER: IF THE MURAL IS PAINTED AND IT IS DEEMED TO BE A COMMERCIAL MESSAGE WE WOULD CONTACT THE BUSINESS WHERE THAT SIGN IS LOCATED BECAUSE AT THAT POINT IT WOULD BE A SIGN AND WE WOULD NEED TO PERMIT THAT.

>> COMMISSIONER/CHAIR: THIS AGENDA ITEM DOES REQUIRE A PUBLIC HEARING SO I'M GOING TO GO AHEAD AND OPEN THAT.

IF ANYONE WOULD LIKE TO SPEAK? SEEING NONE I WILL CLOSE THE PUBLIC HEARING.

SO, WE WILL CONTINUE TO DISCUSS.

DOES ANYBODY ELSE HAVE COMMENTS OR QUESTIONS FOR THE STAFF ON THIS ITEM?

>> COMMISSIONER: I WOULD LIKE TO MAKE A MOTION FOR THE CITY COUNCIL TO AMEND ARTICLE 2 AND ARTICLE 6 OF THE CITY ZONING ORDINANCE IN ACCORDANCE WITH ITEM ZT-2022-001.

>> COMMISSIONER: SECOND.

>> COMMISSIONER/CHAIR: WE HAVE A MOTION AND A SECOND.

ALL IN FAVOR? ANY OPPOSED? THE MOTION CARRIES.

ALL RIGHT.

I THINK THAT'S ALL OF THE ITEMS ON THE AGENDA I DON'T HAVE ANY OTHER COMMUNICATION EXCEPT FOR TO SAY THANK YOU FOR THE PATIENCE WHILE I CHAIRED THE MEETING AT THE LAST MINUTE.

DOES THE STAFF HAVE ANY COMMUNICATION FOR US?

[STAFF COMMUNICATION]

>> COMMISSIONER: I DO.

THANK YOU.

I WANTED TO INTRODUCE THE NEW PLAYER IN OUR DEPARTMENT.

CHRISTIAN TAUTNESS JOINED US.

RECENTLY WORKING FOR FLORIDA IN APOPKA AND RECENTLY HAD SOME TIME SPENT IN TEXAS AND ARKANSAS.

WE ARE HAPPY TO HAVE HIM ON BOARD AND IN THE FUTURE HE WILL HAVE ITEMS THAT HE CAN BRING, TOO.

I KNOW HE IS LOOKING FORWARD TO THAT.

>> COMMISSIONER/CHAIR: IF THERE'S NO OTHER ANNOUNCEMENTS I WILL ADJOURN THE MEETING.

Y'ALL HAVE A GREAT NIGHT.

* This transcript was compiled from uncorrected Closed Captioning.