Nov 10, 2022 Planning Commission

[ROLL CALL]

[00:00:07]

>> GOOD EVENING. IT'S 5:00.

AND WE WILL GET THIS MEETING FOR THE NOVEMBER 2022 STARTED. JEFF, CAN WE PLEASE DO ROLL CALL.

>>CHAIR: THANK YOU. BEFORE WE START, I WOULD LIKE TO GIVE A BRIEF OVERVIEW OF THE PROCESS FOR THE PUBLIC MEETING OF AUBURN PLANNING COMMISSION.

COMMISSION WILL BE PRESENTED WITH AGENDA ITEMS BY IF CITY PLANNING STAFF. REPRESENTATIVE FOR THE AGENDA SIMILAR WILL HAVE AN OPPORTUNITY TO ANSWER SPECIFIC QUESTIONS FROM THE COMMISSION.

I WILL THEN OPEN A PUBLIC HEARING AS APPROPRIATE AND THIS WILL BE THE OPPORTUNITY FOR YOU TO DISCUSS THE -- WITH THE COMMISSION ABOUT THE AGENDA ITEM AT HAND. WE DO WANT EVERYONE TO BE HEARD. AND WE WOULD ASK THAT YOU KEEP YOUR COMMENTS TO FIVE MINUTES.

AFTER EVERYONE HAS SPOKEN, I WILL CLOSE THE PUBLIC HEARING, REPRESENTATIVE AND STAFF WILL THEN HAVE AN OPPORTUNITY TO ANSWER ANY QUESTIONS AND RESPOND TO ANY ISSUES BROUGHT UP DURING THE HEARING.

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

HAVING SUMMARIZED THE BASICS OF THE PLANNING COMMISSION HEARING AND VOTING PROCESS, I WOULD LIKE TO SUMMARIZE OUR ROLE AND RESPONSIBILITY RELATED TO THE APPROVAL OF SUBDIVISION PLATS BY PLANNING COMMISSION SUCH AS OURS THE FINAL APPROVAL AUTHORITY FOR SUBDIVISION PLATS. THE COMMISSION ACTS AS ADMINISTRATIVE BODY AND BOUND BY THE LIMITATIONS CONTAINED IN STATE LAWS, CITY ZONING ORDINANCE AND SUBDIVISION PREVIOUSLY ADOPTED BY THE COMMISSION.

WHILE PUBLIC HEARING ARE REQUIRED ON MOST PLATS SFWHSHGS WE WELCOME ALL PUBLIC COMMENT CONCERNING THE ITEMS. PLEASE UNDERSTAND THAT THE COMMISSION AUTHORITY STRICTLY LIMITED TO CONFIRMING THAT THE PLAT MEETS OR EXCEEDS THE SPECIFIC REQUIREMENTS CODIFIED IN LAWS AND REGULATIONS PREVIOUSLY DESCRIBED.

I ASK THAT IF YOU INTEND TO SPEAK DURING THE PUBLIC HEARING THIS EVENING PLEASE SIGN IN WITH YOUR NAME AND ADDRESS FOR THE RECORD AT THE FRONT DESK.

FINALLY I WOULD LIKE TO MAKE A POINT FOR THE PUBLIC IN ATTENDANCE. THE PLANNING COMMISSION IS ADVISORY BOARD OF CITY COUNCIL ACCEPT IN THE CASE OF SUBDIVISIONS DECISIONS. ALL OTHER DECISIONS WILL BE MADE BY CITY COUNCIL AFTER CONSIDERATION OF THE POSITION. THANK YOU.

>> AT THIS TIME, I WOULD LIKE TO OPEN CITIZEN COMMUNICATION. IF YOU WOULD LIKE TO SPEAK ON ANYTHING NOT ON TONIGHT'S AGENDA OR THE CONSENT AGENDA FOR THIS EVENING. I WILL OPEN THAT NOW.

[CONSENT AGENDA]

WE WILL MOVE ON TO CONSENT AGENDA.

AND BEFORE WE ADDRESS THIS CONSENT AGENDA, I WOULD LIKE ANY OF THE COMMISSIONERS DO YOU WANT TO REMOVE ANY OF THE THREE ITEMS? FROM THIS? OKAY SEEING NONE. THESE ITEMS ON THE CONSENT AGENDA HAVE BEEN DISCUSSED BY THE COMMISSION AND STAFF DURING THE PACKET MEETING CONDUCTED THIS PAST MONDAY AND DON'T REQUIRE A PUBLIC HEARING.

TONIGHT THERE'S THREE ITEMS ON OUR CONSENT AGENDA IN ADDITION TO THE PACKET MEETING MINUTES FROM OCTOBER 10TH AND REGULAR MEETING MINUTES ON OCTOBER 13TH.

COMMISSIONERS. >> MOVE TO APPROVE THE CONSENT AGENDA AND THE MINUTES.

>> SECOND. >> THANK YOU.

ALL IN FAVOR? >> AYE.

>> NONE OPPOSED. THE MOTION CARRIES.

WE WILL MOVE TO NEW BUSINESS.

THERE'S ONE AGENDA ITEM THAT HAS BEEN WITHDRAWN FROM TONIGHT'S MEETING. CONDITIONAL USE REQUEST FOR

[4. Annexation – Little Brown Dog, LLC & PKG Holdings, LLC AX-2022-019]

GO PUFF PACKAGE STORE. >> GOOD EVENING.

THE FIRST ITEM IS FOR ANNEXATION OF APPROXIMATELY 36,46 ACRES. LOCATED ON THE NORTH SIDE OF SHELL TOOME PARKWAY BETWEEN AUTOMOTIVE BOULEVARD AND CANARY DRIVE. YOU WILL SEE THE SUBJECT PROPERTY HERE TO THE WEST IS SLATED FOR FUTURE DEVELOPMENT TO THE NORTH AND EAST ARE BOTH LARGER LOTS SUBDIVISIONS WILL AND BEACH ROAD DOWN TO THE SOUTH.

MENS TRAIL IS TO THE SOUTHWEST AS WELL.

HERE'S A MAP OF THE PROPERTY.

THE WEST PACE ZONE PDD, CDD TO THE WEST AND RURAL AND NC-54 IN THE AREA AS WELL AS LDD AND PDD TO THE SOUTHWEST. HERE'S JUST AN EXHIBIT OF THE PROPERTY. THE REZONING OR PROPERTY TO BE ANNEXED. AND THE REQUEST MEETS CRITERIA FOR ANNEXATION AND STAFF RECOMMENDS FORWARDING

[00:05:05]

>> THIS ANNEXATION DOESN'T REQUIRE PUBLIC HEARING.

ANY DISCUSSION AMONG THE COMMISSIONER OR A MOTION?

>> I WILL MAKE A MOTION TO APPROVE, WITH THE RECOMMENDATION FOR MOVE FORWARD TO CITY COUNCIL WITH

APPROVAL. >> I HAVE A MOTION AND

SECOND. >> ALL THOSE IN FAVOR.

>> AYE. >> ANY OPPOSED.

MOTION CARRIES, THANK YOU VERY MUCH.

[5. Rezoning – Little Brown Dog, LLC & PKG Holdings, LLC – PUBLIC HEARING RZ-2022-011]

>> WELCOME BACK. HELLO, AGAIN.

THE NEXT ITEM REQUEST FOR REZONING OF THE PROPERTY THAT WAS JUST RECOMMENDED FOR ANNEXATION.

34.46 ACRES BETWEEN AUTOMOTIVE BOULEVARD AND CANARY DRIVE. THE FUTURE LAND USE DESIGNATION FOR THIS PROPERTY IS NEIGHBORHOOD PRESERVATION. WHICH SERVES TO KEEP THE EXISTING DENSITY AND HOUSING TYPES IN THE AREA.

THE LLRD ZONING DISTRICT BY THE APPLICANT HAS REQUESTED WILL REQUIRE A MINIMUM OF ONE ACRE LOTS FOR THE PROPERTY. AND THE ZONING DISTRICT IS INTENDED TO PROVIDE A TRANSITION FROM THE RURAL ZONING DISTRICT TOWARDS MORE INTENSE ZONING DISTRICTS.

THE MAXIMUM DENSITY WOULD BE ONE DWELLING UNIT AN ACRE.

AND STAFF BELIEVES THAT THE DENSITY ALIGNS WITH THE FUTURE LAND USE DESIGNATION AND RECOMMENDS FORWARDING TO CITY COUNCIL WITH THE RECOMMENDATION FOR APPROVAL.

>> THANK YOU. >> IS THERE AN APPLICANT? OR REPRESENTATIVE PRESENT? [INAUDIBLE] THANK YOU. THIS REZONING DOES REQUIRE A PUBLIC HEARING. I WOULD LIKE TO OPEN THAT NOW IF YOU WOULD LIKE TO COME AND SPEAK ON THIS ITEM.

SEEING NO ONE, I WILL CLOSE THE PUBLIC HEARING.

I'M SORRY. OKAY.

PLEASE COME FORWARD. >> I BELIEVE WE HAVE

SEVERAL. >> I MOVE TOO FAST.

>> I'M DAVE MERIT. I LIVE ON ORIOLES DRIVE.

RIGHT THERE IN THE CORNER OF THIS.

THIS IS LITERALLY IN MY BACKYARD.

I WOULD LIKE TO THINK THAT IT WOULD BE HERE REGARDLESS.

WHEN THIS WAS REVIEWED BACK WHEN WEST PACE WAS FIRST GOING IN, THE DESIGNATION AT THAT TIMES THAT SHOULD BE KEPT AS BUFFER ZONE, THERE WAS TALK OF MAKING A BIKE TRAIL AND KEEPING IT TO KEEP TRAFFIC DOWN ON SHELL TOOMER PARK. WITH EVERYTHING GOING ON.

AND IT HASN'T BEEN COMMERCIALLY DEVELOPED LIKE WAS TALKED ABOUT. WITH HUGE INVESTMENT THE CITY HAS MADE IN INFRASTRUCTURE THERE, I TRUST THAT EVENTUALLY COMMERCIAL DEVELOPMENT WILL GO IN THERE. IT'S A PRIME LOCATION.

THE HOUSE ROOFTOPS AND MIMMS TRAILS AND EVERYTHING ELSE IS INCREASING. I DON'T UNDERSTAND WHY -- WHAT WAS DESIGNATED AS A BUFFER ZONE WOULD CHANGE AT THIS POINT. IT SEEMS LIKE THE NEED WILL BE THERE IN THE FUTURE OR TO STAY AS A BUFFER ZONE.

IN ADDITION TO THAT, THAT LAND IS A HOT SPOT OF BIODIVERSITY. THERE'S ALL KINDS OF -- THERE'S EAGLES AND HAWKS, DEER, ARMADILLOS.

THERE'S WETLANDS AS WELL AS THE CREEK THAT DRAINS TO MY UNDERSTANDING ALL OF SOUTH COLLEGE THAT AREA OF AUBURN GOES THROUGH THERE. TO STICK HOUSES ON TOP OF THAT CREEK DOESN'T MAKE A LOT OF SENSE TO ME.

IN ADDITION TO THAT, YOU KNOW, MOST DEVELOPERS I ASSUME THIS WILL BE THE SAME WAY WHERE THEY CLEAR-CUT THE LAND AND LEVEL IT. SO I DON'T KNOW IF THERE'S BEEN ANY CONSIDERATION GIVEN TO THE ECOLOGICAL IMPACTS OF MAKING THE CHANGES PARTICULARLY WITH THE IMPORTANCE OF THAT CREEK THAT RUNS THROUGH THERE.

WHETHER THE WETLANDS WILL BE PRESERVED IN ANY KIND OF WAY. THERE'S A LACK OF DETAILS AND TRANSPARENCY ON THAT. I WOULD LIKE TO RAISE THOSE QUESTIONS. I DO THINK THAT IT NEED A LITTLE BIT MORE CONSIDERATION BEFORE WE GO FROM HAVING IT DESIGNATED AS A BUFFER ZONE TO ADDING MORE HOUSES ON WHAT IS ALREADY A CROWDED STREET.

SHELL TOOMER PARKWAY TO MY UNDERSTANDING IS SIZE IT IS.

IT'S OWNED BY THE STATE. I DON'T THINK THEY WILL MAKE IT ANY LARGER. I CAN TELL YOU FROM EXPERIENCE THAT TRAFFIC IS ALREADY A LITTLE BIT TOO HIGH ON THAT ROAD. I DO APPRECIATE THE STREET LIGHT THAT'S GOING IN AT THE END OF IT.

THANK YOU VERY MUCH. ADDING TO THE TRAFFIC THERE,

[00:10:04]

I REALIZE THERE'S SOME TAX REVENUE THAT WOULD COME FROM HAVING THE HOUSES THERE. BUT IT ALSO YOU KNOW THEY ARE EXPANDING ON THE OTHER SIDE OF SHELL TOOMER.

MIMMS TRAIL WILL BE LARGER THAN IT WAS.

THERE'S THE APARTMENT GOING IN FURTHER DOWN 29 AS WELL AS THE WHOLE DEVELOPMENT GOING IN ON THE NORTH SIDE OF TOWN UP AROUND CAMDEN RIDGE.

I DON'T FEEL LIKE THIS 25 HOUSES WILL BE SORELY MISSED AS A TAX REVENUE GENERATOR. I WOULD LIKE TO RAISE THESE QUESTIONS, I THINK THEY DESERVE SOME CONSIDERATION BEFORE WE GO FORWARD WITH THIS.

THANK YOU VERY MUCH FOR YOUR TIME.

>>CHAIR: THANK YOU. DON'T FORGET TO SIGN IN.

>> IF YOU WOULD LIKE TO COME FORWARD AND SPEAK TO THIS

ITEM. >> I'M SHOWING MY IGNORANCE.

I APOLOGIZE FOR THAT. I'M GINGER VETTER.

I SHOULD HAVE DONE BETTER HOMEWORK BEFORE I CAME.

I WANTED TO ASK WHAT -- HOW ARE WE ASSURED THAT EVEN THOUGH IT'S APPROVED FOR THE SINGLE FAMILY PER ACRE THAT, THAT DOESN'T GET CHANGED ALONG THE WAY WITHOUT A PUBLIC HEARING OR FOR WHATEVER REASON IT WOULD BE CHANGED TO MORE DENSER CONGREGATION OF HOUSES.

WHAT'S THE -- >> THANK YOU.

GOOD QUESTION. IF THE REZONING IS RECOMMENDED FOR APPROVAL AND THE COUNCIL APPROVES THE REZONING TO LLRD, THEN THAT WOULD BE GUIDELINES OF THE RULES THAT GOVERN WHAT DEVELOPS TOWN SITE.

THE ONLY WAY TO CHANGE THAT ZONING TO SOME OTHER CLASSIFICATION THAT WOULD ALLOW MAYBE SOMETHING DIFFERENT WOULD BE TO GO BACK THROUGH THE SAME PROCESS AND SUBMIT REZONING APPLICATION.

WE'VE COME BACK THROUGH THE PLANNING COMMISSION.

THEY WOULD MAKE ANOTHER RECOMMENDATION TO THE CITY COUNCIL. THERE WOULD BE NOTICES THAT WOULD BE YOU KNOW PUT UP JUST LIKE THERE WERE FOR THIS APPLICATION. YOU WOULD HAVE THAT

OPPORTUNITY TO HAVE INPUT. >> JUST WANT TO GO ON RECORD. I AGREE 100 WITH MR. MAYOR THE QUESTIONING HE WAS ASKING.

I THINK THEY BARE ANSWERING BEFORE IT'S AUTOMATICALLY

APPROVED. >> THANK YOU.

I'VE ALREADY SIGNED IN. I ALSO LIVE -- MY PROPERTY -- I'M ROBERT WATTS.

MY PROPERTY BACKS UP TO IT. OBVIOUSLY I HAVE A VESTED INTEREST IN IT. I ALSO AGREE THAT THE BUFFER ZONE BEING CHANGED AND ESPECIALLY THE BIKE TRAIL I WAS TOLD WAS STILL GOING IN THERE.

BUT I SEE NO DEVELOPMENT WHERE THE LOTS ARE LOCATED ON THERE. IT'S NOT INCLUDED IN THERE.

THERE'S NOTHING THERE. BUT WE WERE TOLD IT'S STILL IN THE PLANNING FOR A BIKE TRAIL TO GO THROUGH THERE.

IS ANYBODY AWARE IF THAT'S STILL IN?

>> I DO NOT KNOW. 82 YOU DON'T KNOW.

>> ALL RIGHT. >> WHEN THAT CHANGED FROM BUFFER ZONE WITH A BIKE TRAIL GOING THROUGH THERE, IT IMPACTS ALL OF THE SOUTH THERE.

I HAVE TO SECOND WHAT WAS SAID.

IT'S THE TRAFFIC. SHELL TOOMER PARKWAY CAN'T BE EXPANDED. BECAUSE IT'S A STATE ROAD.

I THINK IT DESERVES MORE CONSIDERATION.

THANK YOU. >> THANK YOU.

ANYONE ELSE? >> MY NAME THE JAMES STONE.

I LIVE DIRECTLY ACROSS SHELL TOOMER FROM THE LOWER PART OF THE PICTURE THERE. I HAVE NO IDEA WHAT IS PROPOSED FOR THE ENTRY AND THE EXIT TO THIS PROPOSED SUBDIVISION. SHELL TOOME -- AND I'VE LIVED THERE NOW 43 YEARS. IF YOU ARE LOOKING FOR EXPERT ON SHELL TOOMER, HERE HE IS.

WE'VE MOVED THREE TIMES AND WE'VE BEGIN UP THIS LOOKS LIKE HOME. AND THE REASON IT LOOKS LIKE HOME IS BECAUSE WE FELL IN LOVE.

IT'S RURAL. IT'S SCENIC.

80 YEARS AGO, THE STATE BUILT A SCENIC ROADWAY TO ITS PARK. AND IN THE INTERVENING YEARS, WE CITY FOLKS HAVE TURNED IT INTO A PUBLIC STREET. NOW, I'M HERE TO OBJECT.

IF YOU REALLY WANTED TO PLAN, YOU WOULD TAKE TRAFFIC OFF SHELL TOOMER, NOT PUT MORE TRAFFIC ON AND THE FIRST STEP WOULD JUST SIMPLY BE GO CHECK WITH YOUR WATER FOLKS, THEY HAVE JUST LAID A LARGE PIPE RIGHT IN FRONT OF

[00:15:02]

CARELESSLY, THE COUNTY AND THE CITY LOOKED THE OTHER WAY AS WE STARTED LETTING THE QUARRY JUST MUNCH ITS WAY RIGHT ACROSS THAT ROAD AND WE LOST IT.

THAT NEEDS TO BE REPLACED. THAT WOULD TAKE A LOT OF TRAFFIC OFF SHELL TOOMER. NOW, IF THE NEW SUBDIVISION ENTERS ACROSS THE EXISTING BIKE PATH, AND COMES OUT ON SHELL TOOMER, I PRESENT TO YOU THERE'S A REAL SAFETY ISSUE. THAT'S A HILL.

AND AS ONLY 500 FEET FROM CANARY DRIVE, TOO CLOSE FOR TWO CITY STREETS. THERE IS VERY LITTLE SIDELINE FROM THE BOTTOM OF THE HILL TO THE TOP.

YOU ARE GOING TO CREATE A SAFETY ISSUE IF TRAFFIC NOW IS ON A NEW PUBLIC STREET GOING INTO THIS PROPOSED SUBDIVISION. THAT WOULD BE A DIFFICULTY.

AND I WILL CONCLUDE MY REMARK BY JUST SIMPLY SAYING, FOLKS, THIS THE PART OF AUBURN'S HERITAGE.

IT HAS BEEN THE RECREATIONAL AREA FOREVER.

HUNDREDS OF PEOPLE ARE USING THAT WALKING TRAIL, LETTING THEIR CHILDREN RUN UP AND DOWN.

ANOTHER CITY STREET CROSSING THIS BUFFER, THAT THE STATE LONG TIME AGO CREATED, 300 FEET WIDE, CHANGES POTENTIALLY THE NATURE OF SHELL TOOMER, IT CHANGES THE NATURE OF THIS PART OF TOWN AND I THINK YOU NEED TO GIVE IT MORE CONSIDERATION THAN OH IT'S ACCESS ON TO ANOTHER PUBLIC STREET. THERE'S NO TRAFFIC LIGHTS.

THERE'S NO -- WELL THERE WILL BE A NEW ONE.

BUT THERE'S NO NIGHT TIME LIGHTS.

THERE'S NO MARGINING ON THE ROAD.

IT'S A VERY NARROW ROAD. IT SHOULD NOT -- IT SHOULD NOT HAVE ADDITIONAL TRAFFIC AND THIS PURPORTS TO BRING IT. NOW, IF WE HAVE TO HAVE ACCESS TO THIS NEW PROPOSED SUBDIVISION AND IT'S IN YOUR MINDS, OKAY THAT SUBDIVISION.

THEN IT OUGHT TO BE ALL AUTOMOTIVE BOULEVARD.

HAVING SAID ALL OF THAT; I JUST WANT TO THANK ALL OF YOU FOR VOLUNTEERING. AND BEING A PART OF THIS UGLY THURSDAY NIGHT. APPARENTLY WE'RE GOING TO GET RAINED ON AND MY WIFE WARNED ME NOT TO LOSE MY UMBRELLA. SOME OF US ARE TOO SELFISH, DISINTERESTED TO VOLUNTEER. THAT DOESN'T INCLUDE YOU.

THANKS FOR HEARING MY COMMENTS.

>> THANK YOU MR. STONE. >> I JUST WANT TO ECHO WHAT MR. STONE JUST SAID. WE'VE BEEN OUT THERE FOR 33 YEARS. AND SO WE WENT OUT THERE.

BECAUSE OF THE ECOLOGICAL PARKWAY IN THE AREA IN THE CONSERVATION AREA, WE ALSO DID OUR HOMEWORK BACK THEN.

WE KNEW THAT WAS A STATE PARKWAY THAT CAN NEVER BE ENLARGED BY LAW. IT ALSO WAS SUPPOSED TO SAY NOT -- TO COMMERCIAL DEVELOPMENT OR LIMITED -- I KNOW A LOT OF PEOPLE I DON'T SEE FAMILIAR FACES -- WHEN ALL WE CAME TO THE CITY MANY TIMES ASKING FOR CONSIDERATION TO KEEP IT A PARKWAY.

AND THE CONSENSUSES FROM THE CITY OTHER PEOPLE SAID, WELL, IF YOULY OFF THE PARKWAY.

WHY CAN'T WE LIVE OFF THE PARKWAY.

[00:20:01]

IT'S SO MANY HOUSES THAT ARE COMING TO THAT AREA AND BY THE WAY, THE AREA ACROSS THE STREET, WE WERE TOLD AT ONE TIME WHEN IT FIRST STARTED THERE WOULD BE LIKE 90 HOUSES TOPS. AND AS YOU ALL KNOW, THAT WHOLE AREA IS HUNDREDS MORE THAN TINY HOUSES.

THAT'S BECOME. EVENTUALLY, WHAT IS HAPPENED AND IT'S IT'S SLOWLY NOT SLOWLY TO US THA THATTIVE -- THAT LIVE THERE. WE SEE THAT ALL GO.

IT'S UP TO PEOPLE, YOU, THAT DECIDE WHETHER OR NOT WE WILL KEEP IT A PARKWAY, PERIOD.

OR IF WE ARE GOING TO KEEP IT A PARK THAT MR. STONE SAID THAT A WALKING TRAIL. I DON'T SEE HOW THE WALKING TRAIL CAN STAY THERE. MANY MORE HOUSES THAT WILL BE COMING IN. BECAUSE THERE ARE LOTS OF CHILDREN GOING UP AND DOWN THAT PARKWAY WITH THEIR LITTLE BIKES. THERE ARE SOME SAFETY ISSUES. AND IT -- THE ROAD HAS A LOT OF HILLS IN HIT. YOU HAVE TO BE CAREFUL ON ACCESSING SHELL TOOMER. SOME PEOPLE MIGHT SAY, WELL, I HEARD THE COMMENT YOU'RE LUCKILY IF YOU GET ONE ACRE LOTS OR TWO-ACRE LOTS AND NICE BIG HOMES.

IT'S NOT SO MUCH THAT. IT'S JUST WHETHER OR NOT IT'S THIS SUBDIVISION. THE NEXT SUBDIVISION THAT COMES IN. LIKE I SAID IT'S ALL GOING TO BE GONE. YOU KNOW, SO YOU ARE ASKING YOUR -- YOU'RE ALLOWING IT TO EVENTUALLY JUST ERODE AWAY ALL THE PARKWAY. THERE'S A TON MIKE MIR MEREK SAID THERE'S TON OF ANIMAL AND WILDLIFE.

WHEN I WORKED FOR THE UNIVERSITY BACK MID TO EARLY 2000S. FORESTRY AND WILDLIFE DID STUDIES THERE WITH THE DEER FAMILY.

AND ACTUALLY, THERE'S TWO SETS OF DEER FAMILY THAT LIVE IN OUR NEIGHBORHOOD. I WILL BE HONEST.

SOMETIMES I'M VERY UPSET WITH THE DEER WHEN I COME AND SEE A BUNCH OF PLANTS THAT ARE GONE.

WE DO HAVE VERY DUMB DEERS. THEY WILL NOT READ THAT THEY DON'T EAT THIS PLANT NORMALLY.

THEY WILL EAT EVERYTHING THERE.

BUT JUST TODAY WHEN I DROVE UP I HAD 12 DEER IN MY FRONT YARD. WE HAVE A COUPLE OF DEER THAT -- ACTUALLY SIT DOWN LIKE DOGS.

AND THEY ARE VERY FAMILIAR, VERY HAPPY IN THAT AREA.

AND I AM WILLING TO PUT UP WITH NO PLANTS IF I CAN KEEP MY DEER. JUST LIKE I SAID, YEARS AGO, WE LOVED OUR WILD FLOWERS. THEY ARE GONE NOW.

ACROSS THE STREET. JUST THINK ABOUT -- I DO THINK IT'S NOT JUST US THAT LIVE THERE.

IT'S ALL THAT ENJOY THE AREA.

I AGREE WITH MR. STONE, I APPRECIATE, ESPECIALLY YOUR TIME TO VOLUNTEER AND I RECOGNIZE SEVERAL PEOPLE THAT I WORK WITH AT THE UNIVERSITY AND I THOUGHT YOU WERE GOING TO RETIRE AND YOU DIDN'T.

BUT THIS IS PROBABLY A TOUGH JOB.

AND I ALSO WANT TO THANK AMBER FROM THE CITY PLANNING. I DON'T KNOW WHO SHE IS.

I DON'T KNOW IF SHE'S HERE. SHE'S BEEN VERY TRANSPARENT.

THAT MAKES A WORLD OF DIFFERENCE THAN WHAT WE FEEL THIS TIME AND WHAT WE HAD LAST TIME.

I DO APPRECIATE YOUR HELP. I GUESS IT'S JUST WHETHER OR NOT -- HOW YOUR VISION OF AUBURN WILL LAST.

THANK YOU. >> THANK YOU.

PLEASE DON'T FORGET TO SIGN IN EVERYONE THAT HAS SPOKEN.

>> GET NAME AND ADDRESS TO MATCH UP WITH THE RECORD.

>> >> I'M JULIE, I LIVE ON ONE OF THE PROPERTIES THAT WILL BE RIGHT UP AGAINST THIS.

I AGREE WITH EVERYTHING EVERYBODY SAID.

MY MOST IMPORTANT CONCERN IS THE ENVIRONMENTAL IMPACT.

SINCE MOVING TO THAT AREA, I BECOME A BIRD WATCHER.

AND I HAVE -- IDENTIFIED OVER 35 SPECIES OF BIRDS, JUST IN MY LITTLE BACKYARD AREA.

A LOT OF PREDATORY BIRDS, VERY IMPORTANT TO OUR WHOLE ECOSYSTEMS. WE HAVE COYOTE AND DEER.

WE HAVE A LOT. THERE'S A LOT GOING ON BACK THERE. AND I REALLY FEEL LIKE THERE SHOULD BE AN ENVIRONMENTAL IMPACT STUDY DONE TO

[00:25:03]

BECAUSE I THINK IF THEY COME IN, AND JUST CLEAR-CUT IT, I THINK WE WILL LOSE JUST HUNDREDS AND HUNDREDS OF

VERY VITAL ANIMALS. >> THANK YOU.

>> THANK YOU. >> ANYONE ELSE?

>> OKAY. >> GOOD EVENING.

I'M ANDREW PENALTY. I'M FARTHER IN THE NEIGHBORHOOD. EVER SINCE I MOVED THERE SEVEN YEARS AGO. IT LIKE GOING TO TO SAVANNAH. THAT'S GONE AWAY.

I RAN FOR CITY COUNCIL A COUPLE OF YEARS AGO.

AUBURN NEEDS TO GROW OR DIE. I'VE SEEN MORE DEATH SINCE WE STARTED GROWING WITH THE TRAFFIC AND EVERYTHING.

I GO AROUND THE NEIGHBORHOOD AND HELP ELDERLY PEOPLE OUT AND WE JUST LOST MY NEIGHBOR YESTERDAY.

DON GENTRY. THERE'S ANOTHER NEIGHBOR THAT I WENT AND VISITED ABOUT THIS.

HE WAS A JUDGE HERE. HE CALL HIM THE JUDGE.

HE WAS HEARTBROKEN. HIS HOUSE BUTS UP AGAINST THIS. I WORK FOR STONE MARTIN BUILDER. I GUESS I'M BIAS.

THIS MY NEIGHBORHOOD. I LOVE THE PEOPLE AND I LOVE THE DUMB DEER. I GO BACK THERE.

AND IT'S AMAZING THEY WILL MAKE MONEY AFTER CUTTING DOWN SO MANY TREES. IT'S A VALLEY.

AND WHEN IT RAINS IT'S KIND OF WHITEWATERRY.

WE PLAY IN THE STREAM OR HOPEFULLY NOT SEWER.

IT JUST SHOCKS ME. I KNOW THEY CAN DO BECAUSE OF THE PRICES. TO CUT THOSE TREES DOWN AND FILL IN THE LAND. THERE'S A SWAMP TO RIGHT OF THE SAND PIT HUMAN SWAMP. I WILL CAUSE SO MANY PROBLEMS. WE CAN DESTROY THIS AREA.

BUT THESE PEOPLE THAT LIVE IN THIS NEIGHBORHOOD HAVE BEEN THERE SINCE THE 70S. THEY HELPED BUILD AUBURN.

THEY PAY THE TAX. ANOTHER THING COMING OUT OF THIS NEIGHBORHOOD A LOT OF PEOPLE ARE USING RV'S.

GOING TO STATE PARK. AND THOSE ARE JUST VERY HARD TO STOP. AND UP THERE WERE YOU HAVE COMING OFF THE COLLEGE STREET.

YOU HAVE A TURNING LANE THAT TURNS BACK INTO A DOUBLE LINE THAT TAKE A RIGHT DOWN THE ROAD.

IT'S JUST GOING TO GET SO CONGESTED.

I HAVE THE GIRLS IN THE BACK OF MY VAN.

IF WE COULD HOLD OFF ON THIS FOR A DECADES AND LET THE OLDER PEOPLE THAT HELPED BUILDUP AUBURN GO ON AND THEN WE CAN DESTROY THIS AREA.

OTHER THAN THAT, I'M JUST REALLY EMOTIONAL ABOUT THIS.

IT HURTS TO SEE IT. I'VE BEEN WORKING FOR COMPANIES LIKE I SAID. THEY DON'T CARE.

THANK YOU. >> THANK YOU.

>> THANK YOU FOR SIGNING IN. >> YES, MA'AM.

>> I'M PAMELA TURNER. I LIVE 2132 KA CANARY.

I DON'T HAVE ANYTHING TO ADD THAT THE PREVIOUS SPEAKERS HAVEN'T SAID. I WANT TO REAFFIRM THE NEED FOR ECOLOGICAL AND TRAFFIC IMPACT STUDIES.

AS ANDY SAID GETTING OUT ON SHELL TOOMER, YOU FEEL LIKE YOU ARE TAKING YOUR LIFE IF YOUR HANDS.

THE KIDS ON THE BIKE PATH. I CAN'T TELL YOU HOW MANY TIMES COMING OUT OF CANARY, I HAVE HAD KIDS RIGHT IN FRONT OF ME ON THAT BIKE PATH.

IT'S JUST ADDING MORE TRAFFIC.

ADDING ANOTHER CUT IN THE BIKE PATH.

IT'S WORRISOME. AND THEN THE WILDLIFE AS WELL. AS THEY BUILT UP THE OTHER SIDE OF SHELL TOOMER. WE ALWAYS HAD A LOT OF DEER.

I LOVE MY DEER. THEY EAT THINGS THEY ARE NOT SUPPOSED TO. THE REASON THEY EAT THINGS THEY ARE NOT SUPPOSED TO EAT WE HAVE COMPLETELY DESTROYED SO MANY AREAS OF THEIR HABITAT.

THEY'VE BEEN CONDENSED INTO SMALLER AND SMALLER AREAS OVER THE LAST COUPLE OF YEARS.

IF YOU TAKE AWAY THIS ONE LAST LITTLE PIECE OF THEIR HABITAT. WE WILL BE OVERRUN WITH THEM. THEY WILL BE EVERYWHERE.

I CAN'T LET THE DOGS OUT AT NIGHT BECAUSE OF THE COYOTES. THAT'S JUST HAPPENED IN THE LAST COUPLE OF YEAR THAT WE STARTED TO SEE THEM COME INTO THE NEIGHBORHOOD AS THEY'VE DESTROYED THE HABITAT ACROSS THE STREET. THE ECOLOGICAL AND TRAFFIC,

PLEASE ALL CONSIDER THAT. >> THANK YOU.

ANYONE ELSE? >> I WOULD APPRECIATE IF MY TIME IS NOT TAKING UP BY THE QUESTIONS AND STATEMENT.

ROAD CUT ACCESS TO THE OTHER INDUSTRIAL

DEVELOPMENT? >> WE DON'T NORMALLY RESPOND TO ANSWER UNTIL YOU ARE DONE ASKING ALL OF THEM.

>> THAT'S PERFECTLY FINE. I HAVE TWO QUESTIONS.

FIRST QUESTION IS THERE A ROAD EASEMENT GOING INTO --

[00:30:13]

[INAUDIBLE] >> AUTOMOTIVE BOULEVARD,

SIR? >> HAS THE PROPOSED SUBDIVISION BEEN LOOKED OUT FOR WATERSHED ISSUES AND SPECIFICALLY HOW THAT WOULD BE MITIGATED? BECAUSE RIGHT NOW ON THE PLAT IF YOU CAN PULL THE PLAT UP OF THE ACTUAL DEVELOPMENT ITSELF.

>> IT'S IN THE NEXT AGENDA ITEM.

>> IT IS UP THERE. YOU IF YOU FLASHED IT UP EARLIER. A CONSIDER AMOUNT OF THE ROAD ACCESS AS PROPOSED IN THIS THING.

GOES DIRECTLY OVER THE WATERSHED.

THERE'S GOING TO HAVE TO BE SOME FAIRLY CONSIDERABLE WATERSHED MITIGATION SIMPLY TO BE ABLE TO PUT THE INFRASTRUCTURE IN AND PUT HOUSES IN.

HAS THAT GONE THROUGH THE PLANNING STAFF.

THIS IS PLAT AND WE ASSUME THEY CAN SOMEHOW MAKE THIS

HAPPEN. >> THAT'S AN EXCELLENT QUESTION. WE WILL ASK THEM THE QUESTION TO THE BEST OF YOUR KNOWLEDGE.

>> WE WILL NOT ANSWER QUESTIONS NOW.

>> NOT WHILE IT'S PUBLIC HEARING.

ONCE PUBLIC HEARING THE CLOSED WE WILL ANSWER QUESTIONS. THE TRAFFIC ISSUE I THINK WOULD BE BOTH FROM A SAFETY STANDPOINT A TRAFFIC ISSUE STANDPOINT CONSIDERABLY IF INGRESS AND EGRESS OUT OF THE SUBDIVISION GOING INTO THE OTHER ROAD.

RIGHT NOW YOU HAVE SINGLE POINT OF ACCESS.

IF THERE'S A SAFETY ISSUE, TRY FALLS DOWN, ANYTHING ELSE, NO PUBLIC SAFETY ISSUE CAN GET IN THERE.

SECOND THING IS JUST THE STRAIGHT UP WATERSHED ISSUE ON THERE. CAN IT BE DEVELOPED UNDER FEDERAL REUSE REQUIREMENTS ON WATERSHED.

AND I DON'T KNOW. BUT WHEN I LOOKED AT THE PLAT, THE WHOLE DARN THING DEPENDS ON THAT THING BEING ABLE TO MITIGATE THE WATERSHED OR TO HAVE THE ACCESS COME IN FROM THE AUTO DEALERSHIP, WHICH DOESN'T GO DIRECTLY IN THERE. NOW, AS LONG AS THIS ENDS UP ULTIMATELY BEING A LOW DENSITY DEVELOPMENT OF ONE ACRE. I ACTUALLY DON'T OPPOSE IT.

I THINK THAT GIVEN THE WAY THE CITY HAS DEVELOPED AND ALL, THAT IS A REASONABLE USE FOR THE PROPERTY.

I DO QUESTION WHETHER OR NOT IT ACTUALLY CAN BE DEVELOPED AS PUT BEFORE YOU GUYS WITHOUT AN EXPERT OPINION ON WATERSHED. UNLIKE MANY OF THE OTHER PEOPLE THAT HAVE SPOKEN HERE, I TAUGHT REAL ESTATE IN COLLEGE FOR A DECADE. I HAVE DEVELOPED FIVE SUBDIVISIONS IN ANOTHER STATE.

WHEN I LOOKED AT THAT PLAT, THE WAY THAT ROAD CAME IN, WITH ONLY ONE EGRESS INTO IT AND THE BIG WATERSHED COMING THROUGH ROSE GIANT ALARM BELLS IN MY MIND.

IF IT WAS MY MONEY. I CERTAINLY WOULD NOT DEVELOP THAT WITHOUT HAVING EXPERT OPINION ON WHETHER OR NOT THAT MEETS FEDERAL AND STATE REQUIREMENTS ON

HANDLING THE WATERSHED. >> OKAY.

>> THANK YOU. PLEASE DON'T FORGET TO SIGN

IN. >> NAME AND ADDRESS.

[INAUDIBLE] I HAD ALREADY SIGNED IN.

MY APOLOGIES. >> THANK YOU.

I HAVE YET TO SEE ANYTHING THAT DELINEATES THE WETLANDS IN THIS AREA. AND I KNOW THERE ARE SOME.

ASS POINTED OUT PART OF THIS LAND IS SWAMP.

I CAN TELL YOU THAT I HAVE BEEN AMUSED BY THE -- WHETHER IT WAS THE CITY OR THE STATE'S ACTION TO ELIMINATE THE BEAVERS, BECAUSE THEY HAVE DAMNED THAT THING UP SEVERAL TIMES. THOSE CRITTERS ARE SMART.

ONE TIME THEY DAMNED IT UP UNDERNEATH THE BRIDGE.

THAT'S INTERESTING TO SEE THE WORK TO GET IT OUT.

I KNOW THERE'S GOT TO BE WETLANDS THERE.

AND THAT WILL PROBLEM -- THAT HAS TO BE MITIGATED TO MEET FEDERAL REGULATIONS.

THE OTHER THING AND THIS HAS BEEN POINTED OUT AGAIN, WE DON'T NEED ACCESS. IT SHOULD GO OUT TO AUTOMOTIVE BOULEVARD. THAT WAY YOU ELIMINATE

[00:35:02]

THESE DEFINITELY NEED TO BE CONSIDERED AND WORK INTO THE PLAN. I WOULD DEFINITELY LIKE TO SEE WHAT AREAS ARE DESIGNATED A WETLANDS AND WHAT TYPE OF MITIGATION IS GOING TO BE USED.

I MEAN YOU CAN STILL HAVE YOUR LOTS BUT YOU CANNOT CLEAR RIGHT UP TO THE CREEK. THAT'S JUST NOT GOING -- THAT'S NOT GOING TO HAPPEN.

OR SHOULD NOT HAPPEN. I WILL PUT IT THAT WAY.

I KNOW THERE'S OTHER PARTS IN AUBURN WHERE A LOT OF THAT DEVELOPMENT IS OCCURRED.

AND WE'VE HAD FLOODING. WE DON'T NEED TO EXASPERATE WATERSHED PROBLEMS IF WE DON'T HAVE TO.

THANK YOU. >> THANK YOU, SIR.

ANYONE ELSE? >> SEEING NO ONE, I WILL CLOSE THE PUBLIC HEARING. AND ASK IF I CAN STAFF AND APPLICANT TO HELP US WITH SOME OF THE ANSWERS, IF

POSSIBLE. >> GO FOR IT.

>> FIRST THING I THINK WAS THE PLANNING ISSUE.

THEY NOTED THERE WAS A BUFFER ZONE THERE.

THAT THIS WAS BUFFER ZONE AND PERHAPS SOME SORT OF DEVELOPMENT FOR BIKE TRAIL WAS SUPPOSED TO BE PUT INTO THIS AREA. CAN YOU GIVE US SOME

BACKGROUND ON THAT? >> ON THE BACK TRIAL, I DON'T HAVE ANY INFORMATION ON THAT.

THAT MAY BE SOMETHING THAT WOULD REQUIRE ADDITIONAL LOOKING INTO. THIS PREDATES ME.

I'M LOOKING AT MY STAFF. DO YOU KNOW ANYTHING ABOUT THE BUFFER. NOT THAT I RECALL.

THIS WAS NOT IN THE CITY LIMITS OR REZONED WHEN THE REMAINING PART OF WEST PACE WAS DEVELOPED.

AND IT DID NOT -- IT WAS NOT INCLUDED IN THAT PLAN.

>> THERE WASN'T ANYTHING REGULATORY WHEN THAT WAS APPROVED THAT DESIGNATED THIS AS BUFFER.

>> NOT THAT I RECALL. PIECE OF LAND STANDS ALONE.

AND IT IS NOT OWNED BY THE CITY OR THE STATE OR ANYONE LIKE THAT. IT'S PRIVATELY OWNED WAS AT

THE TIME. >> CORRECT.

>> THANK YOU. >> WHAT ABOUT THE BIODIVERSITY, ENVIRONMENTAL IMPACT, CONCERNS.

IS THERE REQUIREMENT FOR ENVIRONMENTAL IMPACT STATEMENT IN THIS PARTICULAR CASE.

>> STAFF SAYS THERE'S NO REQUIREMENT.

>> IS THAT BECAUSE OF THE SIZE OF THE LOT OR NUMBER OF

LOT OR ANYTHING LIKE THAT? >> THERE'S JUST NO

REQUIREMENT. >> SOME OF THE ENGINEERING FOLKS MAY BE ABLE TO ELABORATE ON PRIVATE I WILL DEVELOPED PROJECT. THERE'S NO IMPACT STUDIES.

>> YEAH. THERE'S A VARIETY OF DIFFERENT CONCERNS ABOUT DRAINAGE AND THAT CREEK THAT'S IN THERE. THE WATERSHED MITIGATION.

JUST A WHOLE VARIETY OF THOSE KIND OF THING.

MAYBE THE DEVELOPER COULD HELP US ON THAT ONE.

>> BARRETT SIMPSON ENGINEERING.

I CAN'T ANSWER A FEW OF THESE QUESTIONS.

HOPEFULLY. SATISFACTORILY.

NUMBER ONE, I DID HEAR A SIGNIFICANT AMOUNT OF CONCERN ABOUT CLEAR-CUTTING AND TABLETOPING THIS PROJECT. AND THE IDEA OF USING THE LARGE LOT RESIDENTIAL DEVELOPMENT DISTRICT IS TRUTHFULLY SIMPLY TO COMBAT THAT ISSUE.

THE PURPOSE HERE IS TO PUT IN A MORE RURAL TYPE ROADWAY NOT CLEAR-CUT THIS, WORK WITH THE TOPOGRAPHY THERE.

GRADE WHAT WE HAVE TO FOR THE ROADWAYS AND LEAD THE LOTS THEMSELVES IN STANDING TIMBER AS MUCH AS POSSIBLE.

THE -- THIS IS NOT A DEVELOPMENT THAT IS INTENDED TO BE FLAT PADS AND WE'RE LOOKING AT THESE FOR CUSTOM HOMES AND THINGS OF THAT NATURE.

AS FAR AS THE DRAINAGE ITSELF GOES.

THIS IS FIRST STEP IN THE DEVELOPMENT PROCESS.

WHEN THE -- THIS PROCESS IS OVER, WHETHER IT'S POSITIVE OR NEGATIVE. IF THIS PROJECT IS GOING TO MOVE FORWARD. ENGINEERING STUDIES WILL BE PERFORMED. TOPOGRAPHY WILL BE PERFORMED. AND THAT IS MAY STAFF'S RESPONSIBILITY TO LOOK AT HOW THE DRAINAGE WILL WORK WITH THIS PARTICULAR PIECE OF PROPERTY.

THE CITY STAFF IS RESPONSIBLE FOR OVERSEEING THAT PROCESS. AND MAKING SURE THAT OUR ENGINEERING DESIGN IS DONE PER CITY, STATE, FEDERAL REGULATIONS. ALONG THOSE SAME LINES, THE QUESTION ABOUT THE WETLANDS. I WOULD GAIN YOU THERE ARE

[00:40:02]

ENGINEERING PROCESS. >> OKAY.

>> I HAVE ALSO ISSUE DEALING WITH THE BIKE TRAIL.

I THINK YOU HAVE PLANS FOR THE BIKE TRAIL IN THE NORTH.

-- THE CURRENT BIKE TRAIL PATH PARALLELS SHELL TOOMER.

IT'S PART OF THE STATE'S REQUIREMENT AND THE CITY'S REQUIREMENT THAT THE BIKE TRAIL COULD POSSIBLY BE ADJUSTED OR SOMETHING LIKE THAT.

BIKE TRAIL HAS TO REMAIN. IT HAS TO BE PROPERLY CROSSING ANY NEW CITY STREET.

>> THERE'S AN ISSUE ABOUT TRAFFIC.

COUPLE OF DIFFERENT ISSUES. ONE THE AMOUNT OF TRAFFIC THAT WILL BE ADDED TO WHAT IS ALREADY DESIGNATED STATE ROAD FOR PARK. AND THE INGRESS AND EGRESS INTO THAT. AND THAT COMES -- THAT COMES IN A COUPLE OF DIFFERENT WAYS.

ONE IS BOTH THE TAKING IT ON TO SHELL TOOME.

BUT TAKING IT TO AUTOMOTIVE BOULEVARD.

CAN YOU SPEAK TO THAT ISSUE? >> I CAN.

BOTH. THE GENTLEMAN THAT ASKED DIRECT QUESTIONS. I THINK I TRIED TO ANSWER ONE ABOUT THE WATERLANDS. THE OTHER IS ACCESS TO AUTOMOTIVE BOULEVARD. THE BASIC ANSWER IS NO, THERE'S NO ACCESS. ODDLY ENOUGH THESE ARE SEPARATELY OWNED PARCELS. WE ALL KNOW THAT WEST PACE WENT INTO FORECLOSURE AND ITS DONE SEPARATELY.

BECAUSE THEY WERE SEPARATELY OWNED.

THIS PARCEL OF PROPERTY HAS NO -- NOTHING TO DO WITH WEST PACE. IT'S DIFFERENT OWNERS, COMPLETELY DIFFERENT. THERE'S NO ACCESS ACROSS HERE TO AUTOMOTIVE BOULEVARD, PLUS THE WESTERN EDGE OF THIS PROPERTY IS FAIRLY -- I DOESN'T FOLLOW EXACTLY. THAT'S THE MAJOR CREEK IN THE AREA. IF YOU NOTICE TOWN PLAT THAT WILL COME UP ON THE NEXT AGENDA ITEM.

THE LOT --

>> TO HAVE LOTS ON BOTH SIDES.

THE INTENTION IS TO LEAVE ALL OF THAT NATURAL AND NOT DO ANY WORK IN THE CREEK OR IN THE CREEK BUFFERS OR ANYTHING OF THAT NATURE. BUT NO, THERE'S NO ACCESS EASEMENT. THERE'S NO RIGHT OF ACCESS.

>> WHAT ABOUT SAFETY ISSUES? ONE OF THE INDIVIDUALS WHO CAME UP COMMENTED SAID THERE WOULD -- JUST ONE ACCESS IN AND OUT. THERE COULD BE SAFETY

CONCERNS. >> THE CITY STAFF MAY WANT TO JUMP IN HERE. THAT IS TYPICALLY GOVERNED BY A NUMBER OF CODES. THE CITY OF AUBURN, TO MY KNOWLEDGE DOES NOT HAVE A SPECIFIC NUMBER OF LOTS THAT IS MAXIMUM NUMBER OF LOTS FOR A SINGLE ACCESS.

TYPICALLY, WE USE AN IDEA OF SOMEWHERE AROUND 100.

THAT'S TYPICALLY WHAT WE SEE.

WE'RE LOOKING AT 25 LOTS HERE.

EVEN IF YOU WERE TO LOOK AT FIRE CODE, ANYTHING LIKE THAT, YOU ARE WELL UNDER THE REQUIREMENTS FOR A SECONDARY

ACCESS. >> OKAY.

>> THE BIGGER ISSUE IS THE DEVELOPMENT ALONG THE PARKWAY. IT'S ATTRACTIVE.

AT SOME POINT, MAYBE THE AMOUNT OF DEVELOPMENT IS SIMPLY TOO GREAT. THAT PARKWAY WAS INTENDED TO BE A PARKWAY. NOT A CITY STREET.

CAN YOU -- THAT MAY NOT BE SOMETHING YOU CAN ANSWER.

>> THE ONLY THING I CAN ANSWER THAT IS WHEN THE PROPERTY TO THE EAST AND THE NORTH WERE DEVELOPED, THERE'S NO ACCESS TO THOSE ROADS EITHER.

THE SHELL TOOMER PROPERTY IS THIS PROPERTY'S ONLY ACCESS.

THERE'S NO OTHER METHODOLOGY TO ACCESS THIS PROPERTY.

SHOULD SHELL TOOMER OWNED BY THE PARK DEPARTMENT SHOULD THEY DEEM IT NECESSARY TO GRANT THAT ACCESS, WHICH WOULD ALSO BE PART OF THE DEVELOPMENT ENGINEERING.

AND ENTITLEMENT PROCESS. SHOULD THEY FEEL THE NECESSARY TO GRANT THAT ACCESS.

IT'S THEIR ROADWAY. >> AND THEY WOULD BE THE ONES THAT HAVE TO GRANT ACCESS FOR YOU TO BE ABLE TO

[00:45:01]

DO ANY OF THIS. >> YOU CAN'T ANYTHING ON SHELL TOOMER, WITHOUT THE CITY STAFF WOULD TELL YOU THEY -- EN UTILITIES CONNECTIONS ARE SOMETIMES FINE TO GET APPROVED THROUGH THE STATE.

>> IN THIS PARTICULAR CASE, EVEN IF WE GRANT -- YOU PASS ALL THREE OF YOUR AGENDA ITEMS, YOU STILL HAVE TO GET PASSED THE STATE AND AJU AJUSTIFY AND JUSTIFY THAT THE TRAFFIC WILL NOT BE TOO

GREAT. >> THE WATERSHED ISSUE CORE OF ENGINEER. IF THEY DEEM THE PLAT YOU HAVE THE TOO IMPACTFUL AND THAT.

THEN YOU JUST HAVE TO ADJUST -- ADJUST THE LOT

SIZE. >> YOU COULD DO ATTRITION.

THIS IS A MAXIMUM NUMBER OF LOTS.

I DON'T KNOW IF WE CAN GET TO THAT NUMBER.

WE'VE GOT TO GO THROUGH THAT PROCESS AND FIGHT OUT IF THAT NUMBER OF LOTS IS ACTUALLY FEASIBLE.

OBVIOUSLY, CAN'T BE ANYMORE. JUST BECAUSE -- BEST CASE

SCENARIO. >> I THINK I'VE COVERED ALL THE TOPICS THAT WERE MENTIONED IN THE PUBLIC COMMENTS. I THINK.

>> YES, DID I MISS SOMETHING.

>> IT'S NOT PUBLIC. >> I DIDN'T ASK THIS QUESTION. I'M SORRY BUT PUBLIC COMMENT IS OVER. [INAUDIBLE] IF A -- IF A CORE OF ENGINEERS PERMIT IS REQUIRED, THEN, YES. ONCE IT IS SUBMITTED TO U.S.

ARMY CORPS OF ENGINEERS IT BECOMES PUBLIC RECORD.

>> I HAVE A QUESTION FOR ENGINEERING.

THE SITE DISTANCE BETWEEN THE TWO -- I REALIZE THIS IS REZONING FOR NEXT PROJECT ITEM.

BUT WE'RE ANSWERING ALL THE QUESTIONS RIGHT NOW.

I FIGURE I WOULD GO AHEAD. SITE DISTANCE ARE WE OKAY?

DO YOU LOOK AT THAT IN DRT? >> YOU TALKING ABOUT SITE DISTANCE OR THE DISTANCE BETWEEN THE TWO.

>> BOTH. >> THE DISTANCE BETWEEN TWO STREETS THERE'S NO SPACING REQUIREMENT ON THAT.

IF GENERAL. WE DON'T HAVE AN ISSUE WHERE THEY ARE TOO CLOSE TO WORK. JUST BECAUSE IT WOULD NOT BE A GOOD DESIGN. IT'S USUALLY NOT PROPOSED THAT WAY. I WOULD ASSUME THE SITE DISTANCE THE ACTUAL -- SOMEBODY BROUGHT UP THE ISSUE ABOUT THE POTENTIAL VERTICAL LIMITATION ON THE SITE DISTANCE.

THAT WILL HAVE TO BE CHECKED.

I'M SURE THE STATE WILL REQUIRE THAT.

THEY WILL WANT TO SEE THAT ANALYSIS.

>> THAT'S DRD AND STATE WOULD PROBABLY BOTH LOOK AT

THAT. >> GREAT.

>> OKAY. SOUNDS TO ME LIKE YOU HAVE MORE TO DO AFTER YOU ARE DONE WITH US.

>> YES, SIR. EVERY TIME.

>> OKAY. WE'VE ASKED QUESTION.

HAD SOME DISCUSSION. DO YOU HAVE ANY THOUGHTS, COMMISSIONERS. THIS IS THE REZONING OF 36

ACRES TO LLRD. >> MOTIONS, DISCUSSIONS?

>> I MOTION RECOMMEND CITY COUNCIL THAT WE DO GRANT

REZONING OF RZ-2022-11. >> I WILL SECOND.

>> WE HAVE A MOTION AND SECOND.

ALL THOSE IF FAVOR. AYE.

>> LET'S DO A ROLL CALL.

[6. Preliminary Plat – Eagle Creek Estates – PUBLIC HEARING PP-2022-024]

>> MOTION DOES PASS. MISS ENGLISH?

>> FOR THE PRELIMINARY PLAT. >> YES, MA'AM.

>> PRELIMINARY PLAT THIS WILL BE THE SAME SUBJECT PROPERTY OF THE PREVIOUS TWO REQUESTS.

36.46 AND APPLICANT REQUESTING TO SUBDIVIDE THAT INTO 25 CONVENTIONAL SINGLE FAMILY RESIDENTIAL LOTS.

WHICH WILL RANGE FROM ONE ACRE TO JUST OVER TWO ACRES.

2.07 ACRES. >> HERE IS A COPY OF THE PLAT. YOU WILL SEE THE FLOODPLAIN DOWN ON THE SOUTHERN PORTION OF THE LOTS.

AND THE PLAT DOES MEET OR EXCEED OUR SUBDIVISION REGULATION UPON ADDRESSING STAFF COMMENTS AND STAFF

RECOMMENDS APPROVAL. >> WE WILL REQUIRE THAT THEY ARE STREAM BUFFERS ON THE PLAT AROUND THAT FLOODPLAIN

AREA. >> ARE THERE ANY COMMENTS OF

NOTE? >> REALLY, JUST THE STREAM BUFFER, I THINK. WE WILL REQUIRE THAT THERE'S AN EASEMENT FOR THE PROPOSED BIKE WAY THAT IS SHOWN ON THE GREEN WAY GREEN SPACE MASTER PLAN.

>> WHY THE MAILBOXES? >> THAT IS A REQUIREMENT

[00:50:04]

>> THANK YOU. THIS IS A PRELIMINARY PLAT.

AND IT DOES HAVE A PUBLIC HEARING.

WE'LL OPEN THAT NOW. EVERYONE SAID THEIR COMMENTS DURING REZONING. YES, MA'AM.

>> I'M NOT SURE WHERE -- NAME AND ADDRESS.

>> THERESA FROM 2180 CANARY. CONCERNING THE BIKE PATH AND I KNOW THE GENTLEMAN MENTIONED THAT HE DIDN'T KNOW THE HISTORY ON THIS. IS WHEN BACK IN 2009, 2008, WHEN ALL THE REZONING ACROSS THE STREET WAS HAPPENING, WEST PACE LLC I THINK THE PARTICULAR DEVELOPER WAS TOM HALEY. AND HE PROMISED IN THE CITY WORKED OUT THE BIKE -- THERE WOULD BE THREE ADDITIONAL BUILDINGS FOR THE PARK BUILT.

AND ALSO THAT THERE WOULD BE AN ADDITIONAL BUFFER ZONE IS WHERE WE CAME UP WITH BUFFER ZONE.

IT'S MENTIONED THERE. AND ALSO A BIKE PATH WOULD VEER OFF THE EXISTING BIKE PATH AND GO UP IN AN AREA IN THAT BUFFER ZONE. THAT'S JUST WHAT I WANTED TO SAY. THAT'S WHAT WE WERE TOLD.

AND WHAT WAS DISCUSSED WITH THE CITY AND MR. HALEY IS WHAT OUR COMMUNITY -- OUR NEIGHBORHOOD -- THAT'S WHERE WE GATHERED THAT. I THINK WHAT'S HAPPENING TOO, WHEN WHEN THIS NOW HAS BEEN TURNED OVER TO ANOTHER DEVELOPER, WHICH SOUNDS LIKE HE'S MORE -- HOW CAN I SAY THIS; CONSCIOUS TO OUR FEELINGS, AND THE OTHER DEVELOPER, IT'S STILL IS WHAT WE WERE PROMISED BY THE OTHER DEVELOPER. SOME REASON IT NEVER COMES TO -- I DON'T KNOW WHO HOLDS PEOPLE ACCOUNTABLE FOR WHAT THEY SAY IN THESE MEETING. I KNOW YOU HAVE TO DEAL WITH THAT ALL THE TIME. AND SEE THAT.

I DON'T KNOW WHAT THE ANSWER IS.

IS HOW WE CAN WORK OUT WHEN WE UNDERSTAND ONE THING AND THE END PRODUCT BECOMES SOMETHING ELSE.

THANK YOU. >> THANK YOU, MA'AM.

>> >> 2180 CANARY DRIVE.

I WILL ECHO A FEW OF THE COMMENTS THAT YOU'VE HEARD PREVIOUSLY. ONE WITH REGARD TO BIKE PATH IF YOU LOOK FOR THAT. YOU CAN LOOK AT THE CITY'S WEB PAGE UNDER MAPS, UNDER BIKE PATHS, YOU WILL SEE THE BIKE PATH SHOWN ON THAT PROPERTY THERE AS PROPOSED BIKE PATH. AND THE -- OBVIOUSLY IT DOES NOT SHOW ON THE PLAT. WITHOUT THAT -- IF THE PLAT IS APPROVED WITHOUT THE BIKE PATH, THEN IT WILL MOVE FORWARD AND THAT BIKE PATH MAY NEVER BE PUT IN THERE.

I WOULD RECOMMEND GETTING THE BIKE PATH SHOWN ON THE PLAT BEFORE APPROVAL. NOT AFTER APPROVAL.

>> AND THE SECOND THING AND I WILL ECHO THE COMMENTS THAT HAVE BEEN SAID ABOUT SHELL TOOMER PARKWAY SPECIFICALLY THE BIKEWAY. THE EGRESS THEY SHOW ACROSS THE BIKE PATH WILL HIT THE BIKE PATH JUST SHY OF THE CREST OF THE HILL WHICH MEANS IT WILL ACTUALLY CROSS THE BIKE PATH ON A HILLSIDE. IF YOU RIDE BICYCLES, YOU REALLY DON'T WANT TO STOP ON THE HILLSIDE.

I WOULD SUGGEST THAT EITHER THEY MOVE THAT CLOSER TO THE CREST OF THE HILL SO THAT IT IS NOT CROSSING THE BIKE PATH AT THAT POINT, OR AS HAS BEEN SAID PREVIOUSLY, I KNOW BY VIRTUE OF BANKRUPTCY AND ALL OF THAT KIND OF STUFF THAT THESE PROPERTIES ARE OWNED BY SEPARATE PEOPLE. BUT THE ORIGINAL CONCEPT WAS THAT PROPERTY WOULD BE ACCESSED OFF OF WEST CREEK EXTENSION OF WEST CREEK PARKWAY.

WHICH IS ALREADY THERE AND GOES THERE AND THERE WOULD NOT BE ANOTHER CUT ON TO THE PARKWAY AND THERE WAS A WHOLE LOT OF DISCUSSION. THERE WAS A LAWSUIT.

THERE WAS A SETTLEMENT THAT WAS NOT FOLLOWED THROUGH ON BUT THAT WAS ONLY SUPPOSED TO BE THOSE CURB CUTS THAT WE SEE NOW. WAS ALL THERE WAS SUPPOSED TO BE. AND PROMISES ARE MADE.

[00:55:01]

THANK YOU ANY WAY. >> DON'T FORGET TO SIGN IN,

PLEASE, SIR. >> THANK YOU.

. I'M ALSO IN CANARY DRIVE.

I HAD A QUESTION ABOUT THE UTILITIES.

AND IF THERE WAS ANY POSSIBILITY OF EASEMENTS BEING MADE ON OR THROUGH ANY OF OUR PROPERTIES, I AGREE WITH CONCERNS ABOUT THE WETLANDS.

AND I HAVE TO SAY THAT I'M HAPPY TO HEAR THAT THEY ARE TALKING ABOUT PRESERVING THE TREES.

THAT WAS ONE OF MY MAIN CONCERNS.

BECAUSE I'M ALSO A BIRD AND DEER AND RAPTOR LOVER.

I HOPE THAT ACTUALLY HAPPENS.

I THINK THAT COVERS IT. I WILL KEEP IT BRIEF.

NOT GO ANYWHERE NEAR MY FIVE MINUTES.

THANK YOU ALL FOR HEARING ME.

>> THANK YOU. >> FIRST OF ALL, I APPRECIATE THE DEVELOPER ANSWERING MY QUESTIONS ABOUT ABOUT WAS THERE AN EASEMENT. THAT AND THE PLANNING STAFF ANSWERED THAT QUESTION. I HAD NO LOOKED AT THE MASTER MAP BEFORE COMING. I HAVE ONE REQUEST THAT YOU'LL HAVE TO ASK YOUR STAFF.

AND THAT IS WHEN THE WATERSHED MITIGATION STUFF AND THE ARMY CORPS OF ENGINEER STUDIES COME THROUGH, IF THAT GOES TO THE PLANNING STAFF, WILL THAT BE PUT ON THE PLANNING STAFF'S WEB SITE FOR THIS

SUBDIVISION? >> I THINK THAT'S A VERY CRITICAL ISSUE FOR THIS. AND SINCE THIS IS A PUBLIC DOCUMENT HAVING IT ON THE CITY WEB SITE ASSOCIATED WITH THIS SUBDIVISION WOULD BE HELPFUL.

SECOND THING AND I'M NOT AS -- I'M EXTREMELY FAMILIAR WITH LAND USE REQUIREMENTS IN THE STATE OF NORTH CAROLINA. I AM NOT SO FAMILIAR WITH THE ONES IN ALABAMA. IN NORTH CAROLINA AT LEAST, GIVEN THE WATER GOING THROUGH THIS, THIS SCREAMS DO ME AS THE CONSERVATION SUBDIVISION.

WE'RE A PART OF THE WATERSHED IS SET UP.

IT'S BASICALLY A PRIVATE PARK FOR THE DEVELOPMENT.

AND YOU HAVE A LESS INTENSE USES OF THE LAND.

THAT MIGHT ULTIMATELY BE WHAT HAPPENS WHEN THEY CONSULT WITH CORE OF ENGINEERS.

I SUGGEST FOR THE PLANNING COMMISSION, THAT YOU TABLE THIS PARTICULAR SUBDIVISION PLAN, UNTIL YOU ONE, GET YOUR ARMY CORPS OF ENGINEER STATEMENT ON IT.

AND SECOND, AT LEAST ASK THE DEVELOPER WOULD THEY CONSIDER DOING A CONSERVATION SUBDIVISION ON THIS. THEY ARE NOT GOING TO MAKE AS MUCH MONEY. I REALIZE IT.

AND IT MAY NOT MAKE IT ECONOMICALLY FEASIBLE.

I HAVEN'T RUN NUMBERS. I DON'T KNOW.

BUT THAT MIGHT BE SOMETHING THAT WOULD ACTUALLY SORT OF SPLIT THE DIFFERENCE ON THIS.

BUT I THINK YOUR BUYING A PIG ON THE PORK IF YOU APPROVE THE SUBDIVISION AS IT IS NOW GIVEN THAT LITERALLY. IT'S HALF THE LOTS IN THIS SUBDIVISION THAT ARE BEFORE YOU ROUGHLY.

ARE GOING TO DEPEND ON OTHER EXPERTISE THAT YOU DON'T HAVE IN FRONT OF YOU. AND MAKING A DECISION NOW ON THIS SUBDIVISION MAY BE A BIT PREMATURE AS A RESULT.

BUT, AGAIN, I THINK I APPRECIATE THE STAFF.

I CERTAINLY APPRECIATE THE DEVELOPER SHARE THING.

I WILL ADD ONE MORE THING. AND I KNOW THIS FROM EXPERIENCE. THE DEVELOPER IS PLANNING ON DOING THIS FOR SINGLE FAMILY HOUSING.

NOT FLATTENING EVERYTHING AND PUTTING DOWN PATHS.

OKAY. I WILL TAKE HIM ABSOLUTELY AT HIS WORD. THAT WOULD PROBABLY BE HIGHEST AND BEST USE TO GET MY DOLLAR OUT OF THE SUBDIVISION. BUT THE INDIVIDUAL PURCHASERS OF THOSE LOTS WILL MAKE THE DECISION ON WHAT TO DO ABOUT THOSE TREES AND EVERYTHING ELSE.

IT REALLY -- ONCE THE THING IS DEVELOPED IF YOU PROVE THIS; THEN THE INDIVIDUAL PROPERTY OWNERS WILL MAKE

THOSE DECISIONS. >> YOU KNOW IT'S ALL WELL AND GOOD. DEVELOPERS SAY THIS.

I'VE SEEN THINGS THAT AS THE DEVELOPER THAT I WISH PEOPLE HAD NOT MADE THAT DECISION. BUT IT IS WHAT IT IS.

>> THANK YOU ALL VERY MUCH. >> ANYONE ELSE FOR THE

[01:00:04]

PUBLIC HEARING? >> WE'LL CLOSE THE PUBLIC HEARING NOW. QUESTION ABOUT THE PUBLIC RECORD ISSUE OF THEY FIND OUT WHETHER OR NOT THE PLAT

GOES THROUGH. >> UNDER NORMAL CIRCUMSTANCES; WE PROBABLY DON'T DISPLAY ALL THAT ON THE WEB PAGE. IF WE HAVE IT, IT'S A PUBLIC RECORD. ANYONE CAN SUBMIT PUBLIC REPORTS REQUEST. WE WOULD BE HAPPY TO RELEASE THAT RECORD. THAT'S WHAT THEY COULD DO.

>> THAT'S RIGHT. >> DO YOU HAVE SOMETHING

ELSE? >> I WAS GOING TO STATE THAT WOULDN'T BE HOUSED IN OUR DEPARTMENT.

I WILL BE BE IN WATER RESOURCE MANAGEMENT.

>> THE SECOND THING THIS PRELIMINARY PLAT APPROVAL.

NAY -- IF THEY WISH TO MOVE FORWARD WITH ALL OF THE THINGS THAT APPLY KANLT STATED EARLIER.

THERE WILL BE ANOTHER FINAL PLAT THAT COMES BEFORE THEY

MOVE DIRT. >> YEAH.

THAT'S THE COMMENTIST GOING TO MAKE AS WELL.

PROCEDURALLY THERE'S A PRELIMINARY PLAT.

AND THEN THEY GO THROUGH THE PROCESS.

AND A LOT OF TIMES IT'S SO THEY KNOW THE SUBDIVISION WILL BE IN SOME FORM ALLOWED THERE.

THEN THEY CAN DO THE STUDIES AND IMPACT STUDIES AND ALL THE THINGS THAT NEED TO BE DONE.

AND THEN A DEVELOPER WILL PRESENT A FINAL PLAT.

THAT MAY OR MAY NOT LOOK LIKE THIS.

IT WILL COME BACK THROUGH THIS SAME PROCESS.

THE FINAL PLOT HAS TO BE PRESENTED BACK TO COMMISSION AS WELL. THERE'S AN OPPORTUNITY, AGAIN, FOR COMMENTS ON THE FINAL PLAT AS WELL.

AND THEN I ALSO WANTED TO POINT OUT BECAUSE WE ADDRESSED A LOT OF THIS ON THE LAST ITEM.

THERE'S SOME COMMENTS THAT ARE GOING ALONG WITH THIS -- WITH THIS EITHER RECOMMENDATION FOR APPROVAL OR DENIAL. THERE'S A PLANNING COMMENT THAT SAYS THAT YOU KNOW THEY WOULD LIKE THE PLANNING DEPARTMENT WANTS THE DEVELOPER TO PROVIDE THE EASEMENT FOR THE PROPOSED BIKE WAY.

THAT THE WATER RESOURCE MANAGEMENT SAID THAT THE STREAM BUFFERS NEED TO BE SHOWN ON THE OFF AND ONNAL PLAT. I KNOW THERE WAS A SPECIFIC QUESTION ABOUT THAT. A LOT OF THE ITEMS YOU ARE CONCERNED ABOUT ARE ITEMS THAT THIS PLANNING DEPARTMENT THEY DO A GOOD JOB HAVE ALREADY IDENTIFIED AS THINGS THAT NEED TO BE ADDRESSED BY THE DEVELOPER.

DURING THE PROCESS THAT HAPPENS BETWEEN PRELIMINARY PLAT AND FINAL PLAT. AND SO ALL OF THOSE KINDS OF QUESTIONS GET ANSWERED DURING THAT PHASE.

>> PLANNING DEPARTMENT IS VERY RECEPTIVE TO PEOPLE THAT ASK QUESTIONS. THEY ARE GOOD ABOUT

PROVIDING THAT INFORMATION. >> MADAM CHAIR.

IF I COULD ADD FOR CLARIFICATION.

I THINK A LOT OF THE ITEMS THAT HAVE BEEN MENTIONED, A LOT OF THE CONCERNED MENTIONED TO THE DEGREE THEY ARE REQUIREMENTS WE ENFORCE; THOSE WILL ADDRESSED.

ON THE ISSUE OF TREES; THE CITY DOESN'T HAVE TREE PRESERVATION OR MANS. WHAT YOU TRY TO DO IF YOU CAN DO WHAT THE APPLICANT IS SUGGESTED HERE, WHICH IS NOT CLEAR-CUT THE LAND, AND LET THE INDIVIDUAL PROPERTY OWNERS WHEN THEY PURCHASE A LOT AND BUILD A HOUSE DECIDE WHAT THEY WANT TO RETAIN. WHAT THEY WANT TO REMOVE.

THAT'S REALLY GOOD PRACTICE. THAT'S CONSISTENT WITH ANYBODY IN TOWN. YOU MAKE THE DECISION.

IT'S BETTER TO ALLOW THE FINAL CUSTOMER TO MAKE THAT DECISION AS OPPOSED TO DEVELOPER ON THE FRONT END CLEAR-CUTTING THE LAND. THAT'S IMPORTANT.

THEN THERE'S COMMENTS ABOUT PROMISES.

AND I WOULD JUST MAKE A GENERAL COMMENT ON THAT.

THAT YOU KNOW AS STAFF WHEN WE REVIEW THING WE HAVE REGULATIONS THAT HAVE BEEN ADOPTED BY THE PLANNING COMMISSION OR CITY COUNCIL. AND WE CAN ENFORCE THOSE REGULATIONS. A IF THERE WERE CONDITIONS ON SOMETHING PREVIOUSLY, THEN WE CAN ENFORCE THOSE.

PRIVATE CONVERSATIONS OR CONVERSATIONS WITH PEOPLE SAY IN MEETING. THOSE ARE NOT THINGS THAT NECESSARILY ARE ENFORCEMENT AS MUCH AS WE WOULD LIKE THEM TO BE. JUST A GENERAL COMMENT ON

THAT. >> THANK YOU.

>> I THINK THERE'S ONE OTHER QUESTION ABOUT UTILITIES EASEMENTS GOING THROUGH EXISTING PROPERTY OWNERS.

ANYTHING ABOUT THAT? >> AT THIS POINT, THERE'S NO PLAN FOR ANY UTILITIES TO GO OUTSIDE OF THE BOUNDARY OF

THE DEVELOPMENT. >> OKAY.

>> ANY OTHER QUESTIONS FROM THE COMMISSIONERS?

>> DISCUSSIONS MOTIONS? >> YOU MENTIONED THERE WOULD BE A PUBLIC HEARING FOR THE FINAL PLAT.

BUT THERE IS NOT -- IT THOSE COME BACK -- IN FRONT OF THE

COMMISSION FOR APPROVAL. >> IT DOES COME BACK THROUGH

US FOR APPROVAL. >> YES.

>> COMMISSIONERS? >> I WILL MOVE APPROVE

[01:05:05]

>> WE HAVE A MOTION AND THE SECOND.

>> LET'S DO A ROLL CALL.

>> MOTION PASSES. >> THANK YOU ALL.

[7. Preliminary Plat – Riverwood Subdivision – PUBLIC HEARING PP-2022-025]

MR. KIPP? >>

>> GOOD EVENING. COMMISSIONER THE REQUEST IS FOR A PRELIMINARY PLAT FOR A 10-LOT PERFORMANCE SUBDIVISION. THE PROPERTY LOCATED AT THE "T" ERMINUS OF RIVERWOOD DRIVE SOUTH OF HI OF 85.

THE PROPERTY ZONE CDD AND HAS BEEN ZONED WHICH ALLOWS TOWN HOMES BY RIGHT. OUR RECORDS INDICATE THAT THIS PIECE OF PROPERTY IS -- HAS BEEN ZONED CDD SINCE THE 1990'S. AND SO IT DOES ALLOW AS I MENTIONED TOWN HOMES BY RIGHT.

THE PRELIMINARY PLAT COMES BAR YOU.

HERE IT SHOWS 8 TOWN HOME LOTS AND TWO OPEN SPACE LOTS FRONTING ON A WHAT WOULD BE A NEW CUL-DE-SAC.

IT DOESN'T INVOLVE OPENING OR CREATING ADDITIONAL STREETS OR CONNECTIONS. AND THE PLAT DOES MEET OR EXCEED ALL SUBDIVISION REQUIREMENTS.

THEREFORE STAFF RECOMMENDS APPROVAL.

>> HAPPY TO ANSWER ANY QUESTIONS.

>> ARE THERE ANY CONDITIONS OF NOTE?

>> MOSTLY JUST CLEANUP. >> IT'S AN EXISTING CUL-DE-SAC BUT NOT DESIGNATED PUBLIC

RIGHT-OF-WAY. >> THANK YOU.

>> IS THERE AN APPLICANT? >> HERE FOR ANY QUESTIONS.

>> THANK YOU. >> THIS DOES REQUIRE PUBLIC HEARING. I WILL OPEN THAT NOW.

>> I'VE SIGNED IN. I'M MARIDUS BRIAN.

THANK YOU FOR YOUR SERVICE. I'M USED TO TALKING TO FIRST GRADER. IT'S NERVE RACKING TALKING IN FRONT OF ADULTS. I'M 2301 RIVERWOOD DRIVE.

AND I REPRESENT MOST OF THE NEIGHBORS.

IT'S LIKE A MAYBERRY. IT'S A REALLY SPECIAL PLACE.

AND WE ARE NOT THE LARGE HOMES AT THE FRONTMENT.

WE'RE SMALLER LOTS AND SMALLER HOMES.

AND WE'RE ALREADY CROWDED. AND IF YOU HAVE BEEN DOWN THERE AND LOOKED AT THE END OF THE CUL-DE-SAC.

IT'S HARD TO IMAGINE THAT MANY STRUCTURES BEING PUT AT IT. WE HAVE DEER, WE HAVE LETTERS OF BIRDS. LOTS OF RAPTORS.

AND IT'S REALLY THE ONLY WOODED AREA LEFT AFTER THIS NEW DEVELOPMENT THAT WAS DONE OFF OF CHAMPION THAT ALLOWS ANY PLACE FOR THE WILDLIFE IN THAT AREA NOW.

AND THEY'VE ALL KIND OF MOVED THAT WAY.

ANOTHER EXAMPLE. I'M DEATHLY AFRAID OF SNAKES. WE HAVE SINCE THAT OTHER DEVELOPMENT HAPPENED WE HAD RATTLESNAKE IN OUR BACKYARD AND COPPERHEAD BEHIND THE WOODS MIND OUR HOME.

SOME OF THE QUESTIONS THAT I ASK WE WERE UNDER THE IMPRESSION THAT IT'S WETLANDS AREA.

IT'S RIGHT UP TO I-65. -- OR 85.

IT'S A STEEP SLOPE. WHERE WOULD THIS WATER DRAIN TO. THERE'S A CREEK IT DRAINS INTO NOW. IF ALL OF THIS IS PUT THERE.

WHERE DOES THE WATER COMING OFF OF 85 GO AND THEN THIS WOULD HAVE TO BE ALMOST A CLEAR-CUT.

MY DAD IS IN THE TIMBER BUSINESS.

THERE'S NOT ANY WAY THIS SMALL OF AN AREA COULD HAVE MANY TREES LEFT AFTER IT'S DEVELOPED.

AND INTERSTATE NOISE. WE ALREADY HAVE A LOT OF NOISE BACKING UP TO OUR HOMES.

THE TREES HELP BLOCK A LOT OF THAT.

YOU CAN TELL A SIGNIFICANT DIFFERENCE BETWEEN WINTER AND SUMMER. WINTER WHEN THE LEES COME OFF THE INTERSTATE IS LOUDER.

THAT'S ANOTHER QUESTION. AND THEN ANOTHER THING IS HAS THE BUILDER LOOKED AT -- THERE'S A NOT ONLY THE

[01:10:02]

THERE'S A GRAVE. HAS HE DONE THE RESEARCH TO KNOW IF THERE'S OTHER GRAYS IN THIS AREA THAT HE WILL BE BE CHANGING? AND I JUST -- IT WOULD BE MORE THAN HAPPY TO HAVE SINGLE FAMILY HOMES WHO ARE ALL SINGLE FAMILY HOMES IN THE NEIGHBORHOOD THAT WE'RE IN NOW. RATHER THAN PUTTING UP TOWN HOMES. WE WOULD MUCH PREFER IF THIS PASSES AND CONTINUES, WE WOULD MUCH -- BE MORE WELCOME TO SINGLE FAMILY HOMES TO KEEP OUR PROPERTY VALUE AS IT IS AND TO KEEP OUR -- OUR NEIGHBORHOOD AS LOVELY AS IT IS. I REALLY APPRECIATE YOU ALL LETTING ME SPEAK. YOU'RE PATIENCE THROUGH THIS. I REALLY JUST WOULD LIKE FOR YOU TO CONSIDER ALL OF THE THINGS THE ENVIRONMENT, THE WATER ISSUE. JUST THE AMOUNT OF STRUCTURE BEING BUILT IN A VERY SMALL AREA.

IF YOU WOULD CONSIDER ALL OF THOSE THINGS.

THANK YOU. >> THANK YOU.

>> ANYONE ELSE? >> DID YOU SIGN IN?

>> I PROMISE YOU I WILL. >> I'M JAMES ANDRE.

I LIVED ON RIVERWOOD. I CALL IT THE LOW INCOME SECTION. I RAISED MY FAMILY.

I'M A TREE LOWER, WILDLIFE LOVER.

I'M A WEIRDO IN THE SENSE I FEED RACOONS AND ALL KIND OF WILDLIFE ON MY BACK PORCH. IT'S JUST A LOVELY NEIGHBORHOOD. AND IT'S FULL OF CHILDREN.

THE TREES HAVE QUICKLY BEEN TAKEN DOWN.

WHICH DOESN'T LEE A WHOLE LOT LEFT IF THIS IS APPROVED. AND IT'S SO CLOSE TO THE INTERSTATE. IT'S HARD TO FATHOM THAT WE COULD PUT SOMETHING THERE. I'M ACTUALLY THE LAST HOUSE ON THAT CUL-DE-SAC TOWN RIGHT.

I'VE HAD SO MUCH ISSUE WITH REOCEAN OF MY PROPERTY ALREADY. I'VE LOST A LOT OF MY PROPERTY BECAUSE OF THE EROSION.

AND AUBURN HAS BEEN SO GOOD AND COMING AND FIXING THAT FOR REAR. THIS FIRST YEAR I CALLED AND COULDN'T GET ANY HELP ON THAT.

I'VE LOST QUITE A BIT OF LAND.

A LOT OF THAT WAS CONSIDERED WETLANDS AS WELL.

AND WHEN YOU SEE THE AMOUNT OF WATER THAT COMES FROM UNDERNEATH THE INTERSTATE AND WASHES AND I THINK IT GOES -- I THINK IT'S THE SAME THING WE TALK ABOUT THE OTHER NEIGHBORHOOD. I GOES INTO A LAKE.

THAT LAKE BECOMES A MUD HOLE IN THE END.

I DO APPRECIATE YOU GUYS VOLUNTEERING.

WE LOVE AUBURN. I THINK IS PROOF OF IT.

I WISH WE HAD MORE REPRESENTATION FROM OUR NEIGHBORHOOD. BUT IT IS A -- RIVERWOOD NEVER GOT ANY PUBLICITY UNTIL NOW.

IT'S A QUIET LITTLE LIKE MEREDITH SAID MAYBERRY.

BUT I'M THINKING ABOUT THE CHILDREN.

IT'S SUPER CROWDED ON THAT ROAD.

AND THEN WHAT LITTLE BIT OF WILDLIFE WE HAVE LEFT THE TREES THAT WE DO HAVE THERE, WHICH ARE QUICKLY GOING.

THE GRAVE THAT MISS MEREDITH IS TALKING TO.

I WILL DO MY HISTORY ON THIS PROPERTY.

BUT THERE'S A GRAVE THAT IS MARKED.

I THINK IT SAYS ON THE METAL PLAQUE BORN A SLAVE, DIED A FREE MAN. I DON'T KNOW -- MY KIDS HAVE BEEN BACK IN THE WOODS. THE ARROWHEADS WHAT LOOK TO BE INDIAN BURIAL PLOTS BACK THERE.

IT'S KIND OF AN ERIE THING WHEN WE PLAY WITH THESE ISSUES. I APPRECIATE YOU GUYS VOLUNTEERING. AND I JUST WOULD ASK YOU TO GRAVELY CONSIDER THIS LITTLE LOW-INCOME SECTION YOU KNOW WHAT LITTLE WE HAVE BACK THERE.

WE APPRECIATE IT. EYE I -- I'VE BEEN THERE 16 YEARS AND I APPRECIATE YOUR TIME.

>> THANK YOU. >> ANYONE ELSE?

>> SEEING NO ONE, WE WILL CLOSE THE PUBLIC HEARING.

THIS PRELIMINARY PLAT. THE STYLE OF DEVELOPMENT IS ALLOWED BY RIGHT. AND WATER ISSUES ET CETERA WILL BE LOOKED AT THROUGH THE PROCESS OF REVIEW.

BEFORE FINAL PLAT. >> I WOULD JUST ASK IF YOU COULD TELL ME WHERE THAT GRAVE IS LOCATED.

[01:15:02]

>> IT'S NOT ON THIS PROPERTY.

>> IT'S NOT ON YOUR PROPERTY.

>> IT'S DOWN HERE. [INAUDIBLE] THE GRAVE IS NOT ON THE SUBJECT PROPERTY.

>> I'M AWARE OF THAT. I'VE SEEN IT WITH MY OWN EYES AS WELL. I ACTUALLY AM FAMILIAR WITH THIS. AND PARKING IS AWFUL ON THAT STREET. DO WE KNOW -- WITHIN THIS PRELIMINARY PLAT WHERE THEY PARK?

>> DO THEY PARK OFF THE STREET?

>> ALL PARKING ON PROPERTY. ONE SPACE PER BEDROOM.

>> DID WE ANSWER ALL THE QUESTIONS.

>> WITH THE CORROSION ISSUE --

>> HE'S NOT ON THE PROPERTY. HE'S NEXT DOOR.

MAYBE THIS COULD ADDRESS EROSION ISSUES AT ALL?

>> THERE'S SOME STREAMS THAT ARE SHOWN ON HERE ON THE PLAT. BUT THEY ARE NOT BEING IMPACTED AS FAR AS I KNOW. EROSION CONTROL HAS TO BE

SET UP FOR THE PROJECT. >> OKAY.

THANK YOU. >> MOTIONS?

QUESTIONS. >> I'M CURIOUS WHY WHEN MORRIS MILL SUBDIVISION AND THE SECOND HALF WAS DEVELOPED, WHY THIS CUL-DE-SAC WASN'T DEVELOPED WHEN THEY DID THE OTHERS. WHY WAS THIS PARTICULAR LOT WAS NOT DEVELOPED? WHEN -- IF YOU LACK AT THE MAP THERE'S A QUESTION MARK. WHY WOULD -- S -- WHYS THE DECISION MADE NOT TO DEVELOP THIS ONE LITTLE CUL-DE-SAC.

>> THEN ALL OF A SUDDEN IT GOES -- DO YOU WANT

APPLICANT TO ADDRESS THAT? >> THAT OR THE PLANNING COMMISSION HAS ANY KNOWLEDGE OF WHY.

>> PARKER LEWIS. THE DESIGN ON THAT.

RIVERWOOD WHICH WAS CALLED PHASE 2 PREDATED CHAMPION BOULEVARD BEING BUILT. IT WAS ORIGINALLY POSSIBLY GOING TO SWING OVER AND CONTINUE.

ONCE CHAMPIONSES BUILT AND SORT OF BECOME THE END OF RIVERWOOD. RIVERWOOD WAS STUBBED OUT.

BUT NOT CONNECTED. THAT WAS ORIGINALLY WHY THIS SORT OF PIECE JUST STOPPED. [INAUDIBLE]

THANK YOU. >> MIKE MARR.

I WORK FOR FULLER SURVEYING. THAT LANN BELONGED TO LIPSKEN LAND COMPANY. IT WAS ISOLATED AND LEFT THAT TIDBIT OVER. I DON'T BELIEVE THEY OPENED THE PROPERTY WHEN THEY DEVELOPED IT.

THAT'S WHY IT NEVER GOT CARRIED FORWARD.

ONE OF THE REASONS. >> THANK YOU.

>> ANY OTHER QUESTIONS? >> COMMENTS, DISCUSSION?

>> MOTIONS? >> I MOVE THAT WE APPROVE PP-2022-025. RIVERWOOD SUBDIVISION.

>> SECOND. >> WITH ANY STAFF COMMENTS?

. >> SECOND.

>> I HAVE A MOTION AND SECOND ALL THOSE IN FAVOR

SAY "AYE." >> AYE.

>> ANY OPPOSED. MOTION CARRIES.

[9. Amended Conditional Use – Taco Bell – PUBLIC HEARING CU-2022-050]

WE MOVE ON TO CONDITIONAL USE.

>> THANK YOU. >> GOOD EVENING.

THIS AMENDED CONDITIONAL USE THAT YOU HAVE SEEN BEFORE IN FACT YOU SAW IT SEPTEMBER #TH AND APPROVED IT.

THIS IS FOR 1521 EAST KWLEN AVENUE.

WHAT WAS APPROVED BY PLANNING COMMISSION AND CITY COUNCIL WAS FOR A FAST FOOD USE WITH DRIVE-THRU FOR A TACO BELL. IT WAS APPROVED BY BOTH PLANNING COMMISSION AND CITY COUNCIL WITH CONDITIONS.

THIS HAS COME BACK BEFORE YOU TO ADDRESS THE REMOVAL OF THE SECOND ENGINEERING CONDITION AND WE HAVE TO GO THROUGH THAT PROCESS AGAIN. NOTHING ELSE HAS CHANGED IN

[01:20:01]

IT'S STILL THE SAME LOCATION.

IT'S STILL THE SAME SQUARE FOOTAGE AND DESCRIBE AND UNLESS OF COURSE WE HAVE -- THAT HAS TO BE REWORKED DUE TO THAT CONDITION.

>> STAFF RECOMMENDS APPROVAL OF THE AMENDMENT TO REMOVE CONDITION NUMBER 2 FROM ENGINEERING.

>> OKAY. THANK YOU.

>> IS THERE AN APPLICANT HERE?

>> THANK YOU. >> THIS DOES REQUIRE PUBLIC HEARING. I WILL OPEN THE PUBLIC HEARING NOW. SEEING NO ONE, WE'LL CLOSE THE PUBLIC HEARING. DO YOU HAVE ANY QUESTIONS

FOR APPLICANT OR STAFF? >> I HAVE A QUESTION ABOUT JUST THE CONNECTION TO THE BANK.

CAN SOMEONE TALK TO ME ABOUT -- IF THIS -- IF THIS IF THE DISTANCE IS REQUIRED, WHAT HAPPENS TO THE EASEMENT

TO THE BANK? >> IT AN EASEMENT.

WHAT'S THE DEAL WITH THE ACCESS TO THE BANK?

>> I KNOW THIS IS HOW PEOPLE GET IN AND OUT OF THE BANK.

>> I'M MIKE GRAY. THIS IS TIM MINOR.

ONE OF THE REASONS FOR COMING BACK IN FRONT OF YOU GUYS THERE'S AN EASEMENT THAT WAS DEDICATED A LONG TIME TO THE BANK. THAT'S THE MAIN SOURCE OF ACCESS TO BANK FROM THIS PIECE OF PROPERTY.

THROUGH ALL THE RESEARCH AND DEEDS AND EASEMENTS THERE'S A STRIP OF LAND THAT'S PARALLEL WITH THE EASTERN PROPERTY LINE, WHICH WAS A DEDICATES SLOPE EASEMENT.

RIGHT OF WAY. CONSTRUCTING -- THAT COULD DO ANYTHING THEY WANTED TO WITHIN THAT PIECE OF PROPERTY. THE OTHER PART THE EASEMENT PARALLEL TO EAST GLEN THAT RUN RUNS ACROSS THE CAR WASH. THAT WE HAVE DISCUSSED WITH THE BANK. THEY ARE NOT IN FAVOR.

WE HAVE DOCUMENTS IF YOU LIKE TO SEE THEM.

LETTERS FROM THE BANK. WE HAVE COPIES OF THE

EASEMENT. >> THAT WOULD RATHER KEEP THE CONNECTIONS AS ARE CURRENTLY?

>> CORRECT. BECAUSE THAT'S THEIR MAIN

ACCESS. >> FROM THE TACO BELL SIDE WE HAVE MULTMENT DIFFERENT LAYOUT.

ANY EASEMENT REWRITTEN FOR THE BANK PUT THEM THROUGH THE PARKING LOT AT THE TACO BELL.

THEY WOULD BE SITTING IN LINE WITH THE REMAINING CUSTOMERS IN LINE. AND THAT'S FROM A BANK STANDPOINT. I WOULDN'T CHOOSE THAT EITHER. WE'RE OPEN TO TURNING THAT SITE AROUND. WE HAVE ACCESS FROM THE BACK OR THE FRONT. THOSE ARE ALL VIABLE OPTIONS FOR US. UNFORTUNATELY WE DON'T HAVE CONTROL OF THE BANK NOR THAT EASEMENT.

>> MY CONCERN WOULD BE TOO MUCH WITH THAT.

IT MIGHT CREATE MORE CONFUSION FOR PEOPLE GOING IN AND OUT OF THE BANK. WHAT WE HAVE IN FRONT OF US WITHOUT 125 FEET THAT YOU ASK US TO DO AWAY WITH;

CORRECT? >> AS YOU WOULD LIKE TO

BUILD IT. >> WE ARE OPEN FOR EITHER WAY. WE COULD GO WITH 125 FEET OR WE COULD KEEP THE REMAINING OR THE EXISTING ACCESS IN THE PROBLEM IS WE EAST A DEVELOPER OR FUTURE OWNER OF THAT PROPERTY. WE DON'T HAVE THE RIGHT TO

NEGATE THAT. >> WHAT WE LOOK AT THE SCREEN IF WE GRANT WAIVER YOU DON'T HAVE TO MEET THE REQUIREMENTS. THAT'S RIGHT.

>> OKAY. >> ANY MORE QUESTIONS FOR

THE APPLICANT? >> THANK YOU.

>> COMMISSIONERS? >> I WOULD RECOMMEND TO MAKE A MOTION TO RECOMMEND APPROVAL C-2022-050.

MOVE FORWARD TO CITY COUNCIL FOR APPROVAL.

>> MOTION AND A SECOND. >> ALL IN FAVOR.

AYE. >> MOTION CARRIES.

>> JUST FOR CLARIFICATION. YOU RECOMMEND APPROVAL CITY COUNCIL SAME CONDITIONS THAT WERE IN YOUR PREVIOUS RECOMMENDATION FROM SEPTEMBER.

MINUS CONDITION NUMBER 2 FROM ENGINEERING.

WE ARE RETAINING EVERYTHING ELSE THAT WAS ORIGINALLY

APPROVED. >> CORRECT.

>> JUST CONFIRMING. >> CORRECT.

[10. Conditional Use – 7 Brew Coffee – PUBLIC HEARING CU-2022-051]

>> CONDITIONAL USE. >> GOOD EVENING.

I HAVE ANOTHER CONDITIONAL USE REQUEST.

[01:25:02]

WE ARE NORTH OF WHERE WE JUST WERE.

THIS IS ADDRESS 125 EAST UNIVERSITY DRIVE.

IT'S IN CDD AS WELL. AND THIS IS CONDITIONAL USE REQUEST FOR FAST FOOD RESTAURANT WITH DRIVE-THRU ONLY. SPECIFICALLY FOR A COFFEE SHOP WITH NO SEATING. PATRONS CAN'T GO INSIDE.

IT'S STAFF ONLY. DRIVE-THRU ONLY COFFEE SHOP CONCEPT THAT HAS BEEN DONE OTHER PLACES.

I DON'T KNOW IT'S BEEN DONE IN AUBURN YET.

BUT IS NOT A NEW CONCEPT. JUST POSSIBLY NEW TO HERE.

>> WHAT WAS SUBMITTED MEETS ALL REQUIREMENTS FOR OVERLAY. FOR PARKING AND EVERYTHING WILL BE REVIEWED AT DRT. SO FAR EVERYTHING HAS MET OR EXCEEDED OUR REQUIREMENTS. INCLUDING THE PARKING AND THE PLATTING AND ALL OF THOSE REQUIREMENTS.

>> THERE'S NO CONDITIONS ON THIS.

>> NO CONDITIONS. >> THERE'S NO CONDITIONS.

>> EXCELLENT. THIS DOES AS CONDITIONAL USE REQUIRE A PUBLIC HEARING. WE'LL OPEN THAT NOW.

SEEING NO ONE I WILL CLOSE THE PUBLIC HEARING.

COMMISSIONERS. >> I WILL MOVE APPROVE

202020-051. >> SECOND.

>> MOTION AND SECOND. >> ALL IN FAVOR.

>> AYE. MOTION CARRIES.

THANK YOU. >> GOOD EVENING.

[11. Waiver – 120 South Ross – PUBLIC HEARING WZ-2022-010]

>> GOOD EVENING. >> THIS A REQUEST FOR WAIVER TO THE PARKING REQUIREMENT AS FOUND IN TABLE 5-5 OF THE DEVELOPMENT DESIGN STANDARDS FOR URBAN CORE -- URBAN NEIGHBORHOOD EAST ZONING DISTRICT.

THE PROPERTY IS LOCATED AT 120 SOUTH ROSS STREET.

AS I MENTIONED IT'S ZONED UNE.

THE PROPERTY IS OUTLINED IN THE WHITE AND BLACK CHECK.

THE REQUEST IS TO PROVIDE LESS THAN 20% OF THEIR REQUIRED PARKING FOR A PRIVATE DORMITORY USE OFF SITE ON PROPERTY OUTLINED IN RED.

THE WAIVER IS TO THE PARKING REQUIREMENT.

IT STATES NOW THAT A MAXIMUM OF 20% OF REQUIRED PARKING CAN BE PROVIDED OFF SITE AS LONG AS IT IS IN A CITY OWNED FACILITY AND THERE ARE LEASE AGREEMENTS.

THE CITY NO LONGER DOES THAT.

WHAT THE APPLICANT IS PROPOSING IS TO PROVIDE A MAXIMUM OF WHAT'S ACTUALLY LESS THAN 20% OFF SITE ON PROPERTY THAT HE ALSO OWNS. AND I BELIEVE THE APPLICANT

IS PRESENT. >>

>> THANK YOU. >> I WILL BE HAPPY TO ANSWER

ANY QUESTIONS YOU MAY HAVE. >> THIS WAIVER DOES REQUIRE A PUBLIC HEARING. I WILL OPEN THE PUBLIC HEARING NOW SEEING NO ONE I WILL CLOSE THE PUBLIC HEARING. COMMISSIONERS?

>> COMMENTS, QUESTIONS MOTION.

>> CAN WE GO BACK TO AERIAL VIEW, PLEASE.

>> THANK YOU. I HAVE ONE QUESTION.

BECAUSE IT'S 100-YEAR FLOODPLAIN ON THE PROPERTY.

IS THIS IMPACTING THAT AT ALL?

>> NO. >> WE'RE ACTUALLY OUTSIDE THE FLOODPLAIN. CANDY DID A GOOD JOB PRESENTING THIS. BASICALLY, WE FEEL LIKE WE'RE MEETING THE SPIRIT OF THE ORDINANCE THAT ALLOWS THE 20%. IT'S JUST THE WAY THE ORDINANCE IS WRITTEN THOSE SIX PARKING SPACES WOULD PROBABLY BE RIGHT THERE. IN THIS MUNICIPAL LOT WHICH IS NOT AN OPTION. WE WOULD LIKE THE SIX SPACES TO BE 20 FEET AWAY FROM THE SITE OWNED BY THE SAME OWNER. THAT'S WHAT WE ARE HERE TO

ASK FOR. >> I WOULD BE HAPPY TO ANSWER QUESTIONS OR TALK THROUGH LOGISTICS OR

ANYTHING THAT YOU HAVE. >> OKAY.

>> WHERE IS DUPLEX COURT? I'M TRYING TO FIGURE OUT.

>> IT'S RIGHT ACROSS FROM THE GARAGE DOORS FIRE STATION ONE. IF YOU NEVER DRITHERE.

YOU SHOULD. IT'S AN AREA THAT IS IN DIRE NEED OF SOME REDEVELOPMENT THERE'S SOME VERY DILAPIDATED OLDER HOMES BACK THERE.

[01:30:01]

FOR SOME OF THE AREAS. WE HAVE TO BECOME MORE CREATIVE. IN ALLOWING A DEVELOPER TO FIGURE OUT HOW TO PARK. PARK THE CARS.

AND THAT'S IF WE ALLOW 20% OFF SITE IN A MUNICIPAL LOT, I PERSONALLY DON'T HAVE AN ISSUE WITH ALLOWING LESS THAN 20% OFF SITE. WHEN THE DEVELOPER OWNS THE OTHER PEOPLE OF PROPERTY AS WELL.

IS NOT TURNING INTO A PRIVATE LEASE SITUATION.

IT'S NOT YOU KNOW, IT'S NOT PRIVATE AGREEMENT BETWEEN TWO DIFFERENT PROPERTY OWNERS.

YOU DON'T HAVE A FEELING WITH ANY ONE OF THE PROPERTIES WOULD BE SOLD SEPARATELY.

FOR THOSE REASONS, I THINK SPECIFICALLY TO THIS PARTICULAR REQUEST I THINK IT'S REASONABLE.

>> I AGREE. >> MOTION TO APPROVE THE

WAIVER. >> I HAVE A MOTION AND SECOND. ALL THOSE IN FAVOR?

>> AYE. >> ANY OPPOSED.

[12. Conditional Use – 762 North Donahue MUD – PUBLIC HEARING CU-2022-059]

>> MOTION CARRIES, THANK YOU VERY MUCH.

>> CONDITIONAL USE. THIS IS REQUEST FOR CONDITIONAL USE APPROVAL FOR A PERFORMANCE RESIDENTIAL DEVELOPMENT. A SIX-UNIT MULTIUNIT DEVELOPMENT 762 NORTH DONAHUE DRIVE.

THE SUBJECT PROPERTY IS ZONED DDH AND A LITTLE BIT NORTH OF DRAKE MIDDLE SCHOOL.

THE PROPOSED PRODUCT TYPE IS CONSIDERED MULTIUNIT DEVELOP. IT WOULD ESSENTIALLY BE A TOWN HOME PRODUCT WITH FRONT ENTRY AND REAR PARKED.

IT'S SIX UNITS AND IT MEETS OUR COMP PLAN AND STAFF RECOMMENDS APPROVAL. THE APPLICANT REPRESENTATIVE DID LET US KNOW HE WOULD NOT BE ABLE TO ATTEND.

IT WOULD BE HAPPY TO ANSWER ANY QUESTIONS THAT YOU MIGHT

HAVE. >> CONDITIONS?

>> NO CONDITIONS OF APPROVAL.

>> >> WONDERFUL.

>> THANK YOU. >> THIS DOES REQUIRE PUBLIC HEARING. I WILL OPEN THAT NOW.

SEEING NO ONE, I WILL CLOSE THE PUBLIC HEARING.

COMMISSIONERS. >> I MOVE TO APPROVE CU-2022-059. NO ONE HAS DISCUSSION.

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

>> AYE. >> ANY OPPOSED.

>> MOTION CARRIES. THANK YOU ALL VERY MUCH.

[STAFF COMMUNICATION]

COMMUNICATIONS? >> I DO HAVE A ITEM FOR THE COMMISSION. EARLIER THIS WEEK WE SENT YOU A 2023 CALENDAR. THAT WE PUT TOGETHER EVERY YEAR AT THE END OF THE YEAR FOR THE NEXT CALENDAR YEAR.

AND HAS THE PERTINENT DATES. IF YOU HAVE HAD A CHANCE TO LOOK AT THAT AND YOU HAD COMMENTS PLEASE LET ME KNOW OR IF YOU DON'T HAVE COMMENTS AND YOU LOOK AT IT AND IT LOOKS CORRECT TO YOU IF YOU WILL.

WE TRIED TO OBVIOUSLY MISS HOLIDAYS AND ACCOUNT FOR HOLIDAYS AND MOVE THINGS AROUND, TRY TO AVOID SPRING BREAK AND THOSE TYPE OF THINGS.

STAFF THINKS IT'S PROBABLY SOMETHING GOOD THAT WE'VE PUT TOGETHER. LIT WORK FOR NEXT YEAR.

BUT I WOULD LIKE TO EITHER KNOW THAT YOUR OKAY WITH IT OR IF THERE'S SOMETHING YOU WOULD LIKE TO SEE CHANGE, HAVE A BRIEF DISCUSSION ABOUT THAT TONIGHT.

>> MARCH CHANGE TO SPRING BREAK ADJUSTMENT.

WE MOVED IT FORWARD A WEEK. >> I REVIEWED IT.

IT LOOKED GREAT TO ME. >> WE CAN CHANGE IF A CONFLICT COMES UP. WE WANTED TO RELEASE IT TO THE PUBLIC AND ENGINEERS AND PEOPLE WE WORK WITH.

>> THANK YOU. >> WONDERFUL.

>> THAT'S ALL. WE ARE ADJOURNED.

* This transcript was compiled from uncorrected Closed Captioning.