9.a.1. Biltmore Commerce Park, LLC Annexation. 94 Lee Road 9 (Biltmore Lane). Annexation of approximately 92 acres.

[9.b.1. The Estates at Arborwoods Rezoning. Rezoning to apply the Conservation Overlay District (COD) designation to approximately 59.45 acres in the Rural (R) zoning district. Property located at 1601 Sandhill Road.]

>> YES-MAN. >> ANDERS.

>> YES. >> NEXT ITEM IS NINE B1, THE ESTATE AT ARBOR WAS A REZONING TO APPLY THE CONSERVATION OVERLAY DISTRICT DESIGNATION TO APPROXIMATELY 59 POINT FOR 5 ACRES IN THE RULES ON THE LOCATED AT 1501 EXCUSE ME, 1601 SAND HILL ROAD, UNANIMOUS CONSENT IS REQUIRED.

>> UNANIMOUS CONSENT. SECOND. WE HAVE A MOTION TO SECOND AT THIS TIME, WE OPEN PUBLIC HEARING. CORRECTION, AT THIS TIME I WILL ASK IF ANYBODY ELSE HAS A PROBLEM WITH MOVING THIS BOAT THIS EVENING? SEEING AND HEARING NONE, WE OPEN THE PUBLIC HEARING. ADDRESSING THE CITY COUNCIL ADDRESSING THIS MATTER, GIVE US YOUR NAME AND ADDRESS FOR THE RECORD AND YOU WILL HAVE FIVE MINUTES TO SPEAK TO THE CITY COUNCIL.

SEEING NO ONE, WE WILL PLUG -- CLOSE PUBLIC HEARING, ANY COMMENTS OR QUESTIONS? OKAY, LINDSAY WITH ROLL CALL.

>> PARSONS . >> YES.

>> TAYLOR, WITTEN, ADAMS, DAWSON,

>> YES-MAN. >> GRISWOLD, YES-MAN.

[9.b.2. Biltmore Commerce Park, LLC Rezoning. Approximately 92 acres from Rural (R) to Industrial (I). 94 Lee Road 9 (Biltmore Lane).]

>> ANDERS. >> GRISWOLD.

>> NEXT ITEM ON THE AGENDA IS NINE B2 WHICH IS BILL MOORE

[00:10:06]

COMMERCE PART -- PARK LLC REZONING 92 ACRES REZONING FROM RURAL TO INDUSTRIAL, PROPERTY LOCATED AT 98 LEE ROAD NINE BUILDING NINE, UNANIMOUS CONSENT IS NECESSARY IN PUBLIC

HEARING IS REQUIRED. >> UNANIMOUS CONSENT.

>> I HAVE A MOTION TO SECOND, DOES ANYONE ON THE COUNCIL HAVE A PROBLEM MOVING FORWARD WITH THIS THIS EVENING?

>> OKAY, SEEING AND HEARING GOING, WE OPEN PUBLIC HEARING IF YOU WOULD LIKE TO ADDRESS CITY COUNCIL, GIVE US YOUR NAME AND ADDRESS FOR THE RECORD AND YOU WILL HAVE FIVE MINUTES TO SPEAK TO THE CITY. IS ANYONE HERE TO REPRESENT --

>> YES. THE QUESTION THAT I HAVE, I HAVE ONE QUESTION, JUST ONE SECOND MR. DAWSON. WOULD YOU PLEASE LET US KNOW WHERE YOU ARE FROM AND WHAT YOUR ADDRESSES?

>> CAM HARRISON, MY ADDRESS IS 218 TALLY DRIVE, AUBURN, ALABAMA 38682, I'M A DEVELOPER ON THE PROJECT.

>> THANK YOU FOR BEING HERE. THE BACK 30 ACRES OF THE SCREEN

SPACE -- >> YES, IF YOU DO NOT MIND I HAVE A VISUAL BECAUSE IT MIGHT HELP A LITTLE BIT, I THINK YOU WHAT YOU GUYS HAVE SEEN IF I MAY APPROACH.

INVESTMENT . >> YOU'RE WELCOME, ANY OTHER QUESTIONS WHILE MS. HARRISON --

>> CAN YOU RESTATE WHAT THE PURPOSE OF THE 30 ACRES IS?

FOLKS ONLINE COULD NOT HEAR. >> THE PROPERTY IS A TOTAL OF AROUND 92 ACRES, THERE ARE SUBSTANTIAL WETLANDS AND A GOOD BIT OF THOSE ARE CONCENTRATED TO THE REAR OF THE PROPERTY WHICH IS APPROXIMATE AT LEAST 32 SHAKERS , AS THAT IS ADJACENT TO THE RURAL RESIDENTIAL REAR, THERE IS CONVERSATION RIGHT NOW ABOUT WHAT PARTS OF THAT WILL BE CONSERVATION WHICH MEANS THAT THEY WILL BE UNDISTURBED IN PERPETUITY OF THE LANDHOLDING. IT WILL BE PLATTED THAT WAY.

THAT IS WHAT WE ARE WORKING ON NOW, WE ARE REALLY AT THE FRONT OF THE PROPERTY WORKING ON A DEVELOPMENT PLAN FOR THEM.

>> THANK YOU. >> YOU'RE WELCOME.

>> THANK YOU. ANY COMMENTS OR QUESTIONS? FROM THE COUNCIL,

OKAY, LINDSAY WITH ROLL CALL? >> TAYLOR?

>> YES. >> WITTEN?

>> ADAMS . >> DAWSON.

>> YES-MAN. >> GRISWOLD, MOREMAN, PARSONS,

[9.c. Franchise agreement. Tallapoosa River Electric Cooperative. Unanimous consent necessary.]

ANDERS. >> YES. THE FINAL ITEM UNDER ORDINANCES IS ITEM NINE E, A FRANCHISE AGREEMENT WITH ELECTRIC RIVER COOPERATIVE, COOPERATION IS ACERBIC

>> I ASKED FOR UNANIMOUS CONSENT.

>> SECOND. WE HAVE A MOTION TO SECOND, DOES ANYONE HAVE A PROBLEM WITH MOVING FORWARD ON A VOTE THIS EVENING? ANY QUESTIONS? COMMENTS? OKAY, LINDSAY WITH ROLL?

>> WITTEN? >> YES-MAN.'S -- YES-MAN.

>> DAWSON, GRISWOLD, MOREMAN, PARSONS, TAYLOR , ANDERS.

[10.a.1. 1120 South College. Road service use (restaurant with drive‐thru). Property located at 1120 South College Street.]

>> MOVING TO RESOLUTIONS, ITEM 10 A1 AT 1120 SOUTH COLLEGE STREET, ROAD SERVICE USE FOR RESTAURANT DRIVE-THROUGH , THE PROPERTY IS LOCATED AT 1120 SOUTH COLLEGE STREET PUBLIC

HEARING IS REQUIRED. >> MOVE FOR APPROVAL.

>> SECOND. WE HAVE A MOTION AND A SECOND AT THIS TIME, I

[00:15:05]

OPEN PUBLIC HEARING IF YOU WOULD LIKE TO ADDRESS CITY COUNCIL. PLEASE COME FORWARD AND GIVE YOUR NAME AND ADDRESS AND REMEMBER YOU HAVE FIVE MINUTES TO SPEAK TO THE

COUNCIL. >> WILLIAM FOWLER, THE REASON I'VE COME APPEAR IS BECAUSE I WANT TO KNOW WHAT THIS IS SUPPOSED TO BE, WHAT RESTAURANT BECAUSE IT SAID ROAD SERVICE USE AND PLUS I'M JUST THINKING LIKE WE ONLY HAVE THREE RESTAURANTS IN OUR DISTRICT JUST ONE OUT, WE HAVE TWO VACANCIES OUT OF NOWHERE. WILL THIS BE A RESTAURANT THAT WILL LAST A LONG TIME OR WILL IT BE LIKE WHAT HAPPENED TO THE INCUMBENT WHO WAS IN THERE AND IS KIND OF FELL THROUGH, I HOPE IT IS NOT KNOW STARBUCKS BECAUSE LORD KNOWS WE JUST GOT BASICALLY 20 STARBUCKS IN AUBURN. THANK YOU, THAT IS ALL,

I WILL YIELD MY TIME. >> TO QUICKLY ANSWER, OUR CONSIDERATION IS NOT THE NAME OF THE RESTAURANT, OUR CONSIDERATION IS THE USE OF THE PROPERTY. WE WILL NOT BE DISCLOSING THAT THIS EVENING. I CERTAINLY HOPE THEY ARE THERE FOR A LONG TIME. ANYONE ELSE LIKE TO SPEAK TO PUBLIC HEARING? OKAY. THIS TIME WE WILL CLOSE PUBLIC HEARING, ANY COMMENTS OR QUESTIONS FROM THE COUNCIL? OKAY, ALL IN FAVOR

[10.a.2. ArchCo North Dean Road. Performance Residential Development (multiple‐unit development) in the Comprehensive Development District with Planned Development District overlay. Property located at 1397 North Dean Road.]

PLEASE SAY AYE, AND HE OPPOSED, THE MOTION CARRIES.

NEXT ITEM IS 1082, THIS WAS 250 UNIT PERFORMANCE RESIDENTIAL DEVELOPMENT, MULTIUNIT DEVELOPMENT IN THE COMPREHENSIVE DEVELOPMENT DISTRICT. WITH A PLANNED DEVELOPMENT DISTRICT OVERLAY. PROPERTY IS LOCATED AT 1397 NORTH DEAN ROAD PUBLIC HEARING IS REQUIRED.

>> MOVE FOR APPROVAL. SECOND. I HAVE A MOTION AND A SECOND, THIS TIME WE WILL OPEN PUBLIC HEARING IF YOU WOULD LIKE TO ADDRESS CITY COUNCIL, PLEASE COME FORWARD AND GIVE YOUR NAME AND ADDRESS FOR THE RECORD AND YOU HAVE FIVE MINUTES TO SPEAK TO THE COUNCIL.

THE APPLICANT. THIS THING HAS BEEN BEFORE YOU MULTIPLE TIMES, I THINK THIS IS THEIR TIME. THIS PROJECT WAS KIND OF ON TRACK GOING THROUGH COVID, AND WITH THE VOLATILITY OF THE CAPITAL MARKETS AS WELL AS VOLATILITY OF CONSTRUCTION PRICING NOT REALLY STABILIZING UNTIL RECENTLY. THIS PROJECT REALLY COULD NOT START . WE CAME BACK A FEW MONTHS AGO AND GOT A SIX MONTH EXTENSION, THE SIX-MONTH EXTENSION HAS EXPIRED, THIS IS BASICALLY FOR A BRAND-NEW APPROVAL THAT IS GOOD FOR 18 MONTHS. THE PARTICULAR APPLICANT DOES OWN THE LAND. THEY DO HAVE ABOUT $4 MILLION INVESTED BETWEEN THE LAND, PLANS THAT HAVE BEEN APPROVED, AND EVERYTHING READY TO GO LIKE WE SAID BEFORE, WE HAVE TRIED TO PUSH FORWARD MULTIPLE TIMES. THE PRICING AND CAPITAL MARKET JUST DID NOT WORK WITH US, WE ARE HOPING HERE IN THIS NEXT RUN, WE WILL BE ABLE TO MAKE THAT HAPPEN. MYSELF AND THE APPLICANTS HERE IF YOU HAVE ANY QUESTIONS, I WOULD BE HAPPY TO ANSWER ANY OF

YOU HAVE ANYTHING. >> THANK YOU. ANYONE ELSE? OKAY. WE WILL CLOSE PUBLIC HEARING, ANY COMMENTS OR QUESTIONS TO THE COUNCIL WOULD THE COUNCIL, I ASKED THE APPLICANT A REPRESENTATIVE PLEASE COME FORWARD TO ANSWER ANY QUESTIONS, WHATEVER YOUR PLEASURE IS. I THINK WE WISH THEM WELL. IT'S BEEN A LONG ROAD AND I THINK THAT THEY ARE EAGER TO GET GOING, I APPLAUD THEM FOR THAT. OKAY. ALL IN FAVOR PLEASE SAY AYE, AND HE OPPOSED, THE MOTION CARRIES.

[10.a.3. Cafe Racer ‐ Conditional Use of a Road Service Use (Fast Food Restaurant with Drive‐Thru)]

NEXT ITEM IS NUMBER 1083, CONDITIONAL USE FOR A ROAD SERVICE USE FAST FOOD RESTAURANT WITH DRIVE-THROUGH, LOCATED AT THE INTERSECTION OF NORTH GAIN STREET AND OPA LOCKA ROAD, A PUBLIC HEARING IS REQUIRED.

>> MOVE FOR APPROVAL. SECOND. I HAVE A MOTION AND A SECOND, THIS TIME WE OPEN PUBLIC HEARING IF YOU WOULD LIKE TO ADDRESS CITY COUNCIL REGARDING THIS MATTER, COME FORWARD AND GIVE YOUR NAME AND ADDRESS FOR THE RECORD, YOU WILL HAVE FIVE MINUTES TO SPEAK TO THE COUNCIL. GOOD EVENING, BRETT WITH THE FORESIGHT GROUP REPRESENTING THE APPLICANT IS THE USER ON THIS PROJECT. I WILL HAND OUT THESE --

[00:20:08]

INAUDIBLE - LOW VOLUME ] EXHIBIT I PREPARED AND HAD A PLANNING COMMISSION, I WAS A LITTLE LATE GETTING INTO COUNSEL TO GET IT ON THE POWERPOINT THIS EVENING. ESSENTIALLY, THIS PROJECT IS A PROJECT THAT WAS UNANIMOUS, WE HAD A 0-8 VOTE THE FIRST TIME WHEN THIS PROJECT WAS ON THE CORNER OF OPA LOCKA ROAD AND WE CAME BACK AND RE-EVALUATED AND SHIFTED OVER TO THIS PARCEL KIND OF CREATING SOME MORE GREEN SPACE ADDRESS SOME OF THE CONCERNS OF THE CITY, BROUGHT IT BACK AND WE HAD A 4-4 SPLIT AT PLANNING COMMISSION. I THINK THE BIGGEST THING IS OUR CONCERN , WHETHER THE SITE IS LOCATED IN RELATIONSHIP TO EVERYTHING ELSE, EVERYTHING AROUND US HAS A DRIVE-THROUGH IF WE JUST IN A RESTAURANT WITHOUT A DRIVE-THROUGH, IT WOULD BE PERMITTED BY RIGHT. WHAT REQUIRES THE CONDITIONAL USES THE DRIVE-THROUGH USE. ON THAT EXHIBIT, YOU CAN KINDA SEE THAT THIS SITE WAS TWO PREVIOUS ROAD SERVICE USES, THE ORIGINAL GUTHRIE'S LOCATION AS WELL AS THE SERVICE STATION TO THE SOUTH IN 2014, MAX CREDIT UNION REZONED A GOT A DRIVE-THROUGH FOR THEIR PHARMACY IN 2016, WE REDEVELOPED THE HYATT HOUSE AND HAD THE SELF STORAGE WITH -- AND HAD A DRIVE-THROUGH FOR FAST FOOD USE ON THE ENDCAP, THERE IS NOBODY IN THAT LOCATION. THAT WAS APPROVED IN 2016 AS IN SOME OTHER CONCERN WAS IS THIS AN EXTENSION OF DOWNTOWN , BUT IN 2016, AT MAINE AND MAINE COLLEGE IN GLENN, GUTHRIE'S WAS APPROVED FOR A DRIVE-THROUGH AND HAS A DRIVE-THROUGH ON IT -- OUR POINT IS IF OUR SITE IS DOWNTOWN, ALL THESE OTHER PEOPLE HAVE DRIVE-THROUGH'S TOO. WE THINK THE SITE PUTTING US IN YOUR PACKAGE PRODUCES THIS PARTICULAR USER IS I WOULD SAY IS BASED ON ATHENS CAFE RACER . THE MOST EQUIVALENT I COULD GIVE YOU WOULD BE MORE OF LIKE A PANERA BREAD, IT HAS , IT'S MORE OF A BREAKFAST FOOD CAFE SANDWICHES BISTRO THAT HAS COFFEE IN THE DRIVE-THROUGH USE, IT IS NOT A FULL ON COFFEE USER THAT YOU WOULD ASSOCIATE WITH LIKE STARBUCKS OR SOMETHING LIKE THAT. IT IS A -- THIS IS THEIR EXPANSION OUTSIDE OF ATHENS, GEORGIA AND I THINK THAT THIS PARTICULAR LOCATION WITH THE SITE PLAN DOES WORK AND ADDRESSES SOME OF THE CITY'S CONCERNS. I THINK THAT THERE IS A TRAFFIC STUDY THAT WILL BE REQUIRED, WE WILL ADDRESS TRAFFIC ISSUES AT THAT TIME, WE UNDERSTAND OUR ACCESS WILL BE SOMEWHAT LIMITED BASED UPON WHERE WE ARE AT IN PROCESS -- PROXIMITY TO THE INTERSECTION, WE UNDERSTAND THAT AND WE WILL WORK WITH THE CITY THROUGH THE TRAFFIC STUDY PROCESS IF THE USE GETS APPROVED. IN REGARDS TO SITE CONSTRAINTS AND I TRIED TO EXPLAIN THIS TO THE PLANNING COMMISSION, THIS SITE IS VERY NARROW, IT IS NOT DEEP, IT'S ONLY ABOUT 140 FEET AT THE WESTERNMOST END, IT IS ONLY 180 FEET AT THE BACK END AND PART OF WHAT THE CITY'S MASTER PLAN SAYS IS A MORE URBAN, DENSE ENVIRONMENT AND GOING VERTICAL. WE HAVE NO WAY TO PARK GOING VERTICAL , WE HAVE NO WAY TO PARK DENSITY HERE, A PARKING DECK IS 120 FOOT DEPTH WISE, SO IF WE PUT THAT , THAT BARELY FITS ON THIS WITHOUT BEING ABLE TO SCREEN WITH THE BUILDING BETWEEN A PARKING GARAGE AND THERE, JUST BECAUSE OF THE SIZE AND CONSTRAINTS WE ARE DEALT WITH ON THESE TWO PARCELS, WE ARE REALLY CHALLENGED ON WHAT KIND OF USE THEY CAN REALLY GO IN, IF YOU LOOK AT WHAT WAS ON THERE BEFORE, THERE WERE TWO SMALLER , LESS THAN 2000 FT.÷ BUILDINGS YOU KNOW WHAT I MEAN, WE ARE TRYING TO KIND OF REDEVELOP AN AREA THAT'S BEEN VACANT FOR 10 YEARS OR MORE, IT IS YOU KNOW -- WE FEEL LIKE OUR SITE PLAN, WE FEEL LIKE WHAT WE HAVE DONE TAKING IT TO THOSE CONSTRAINTS WILL HOPEFULLY HELP ADDRESS AND GAIN YOUR APPROVAL, I WOULD

[00:25:01]

BE HAPPY TO ANSWER ANY QUESTIONS, THE ACTUAL CLIENT IS HERE, I WOULD BE HAPPY TO ANSWER ANY QUESTIONS.

>> ANYONE ELSE? >> EXCUSE ME, WE HAVE THESE NEW MICROPHONES WE ARE STILL GETTING USED TO. I WOULD SPEAK TO COUNSEL ABOUT THIS MATTER. OKAY. WE ARE CLOSE TO PUBLIC HEARING. DISCUSSION QUESTIONS FROM THE COUNCIL? QUESTIONS FOR THE STAFF, QUESTIONS FOR THE APPLICANT, QUESTIONS TO APPLICANTS REPRESENTED. I HAVE A FEW QUESTIONS. FOR THE APPLICANT'S REPRESENTATIVE, REPRESENTATIVE OF THE APPLICANT. EITHER? YOU WILL TAKE BOTH OF THEM?

>> I WILL TAKE BOTH. >> OKAY, WOULD YOU PLEASE STATE

YOUR NAME? >> GOOD EVENING, MY NAME IS BRAD GALLAND, WORKING WITH CAFE RACER ON THIS PROJECT AND HAPPY TO ADDRESS ANY QUESTIONS OR CONCERNS YOU MAY HAVE.

>> FIRST QUESTION IS WHAT PERCENTAGE OF THE BUSINESS WOULD YOU EXPECT TO BE DRIVE-THROUGH VERSUS ACTUAL EATING ON THE SIDE THAN CAN CHEW ELABORATELY -- COULD YOU ELABORATE ON HOW MANY PEOPLE WE COULD HAVE ON SITE AT THE SAME TIME IF THAT IS THAT A COVERED AREA DOWN THE GREEN SPACE?

>> SURE, HAPPY TO ADDRESS THAT. GENERALLY SPEAKING, A TRADITIONAL QS ARE , CHICK-FIL-A, MCDONALD'S IS 85% BUSINESS, 90% BUSINESS OUT THE DRIVE-THROUGH. 15% DRIVE UP WALK UP, WE ARE WAY CLOSER TO A 50-50 SPLIT AT OUR LOCATION IN ATHENS, THAT'S OUR EXPECTATION FOR THIS LOCATION , THE DRIVE-THROUGH IS A COMPONENT OF OUR LOCATION AND COMPONENT OF OUR BUSINESS BUT THAT IS NOT THE MAIN DRIVER OF OUR BUSINESS. WITH REGARD TO WHAT OUR EXPECTATIONS ARE WITH SEATING AND EATING ON SITE. THE SITE PLAN, I HOPE YOU GUYS HAVE HAD AN OPPORTUNITY TO TAKE A LOOK AT WE HAVE DONE OUR BEST TO ADD AS MUCH PARKING AS WE POSSIBLY CAN TO ENSURE IT'S COMFORTABLE AND MANEUVERABLE, THERE IS NO STACKING OUT ONTO -- THAT HAS BECOME INCREDIBLY APPARENT WITH PLANNING COMMISSION, THAT WAS A VERY IMPORTANT HOT TOPIC, WE DID OUR BEST TO ALLEVIATE THOSE CONCERNS AND I THINK THAT IS DICTATED IN THE 4-4 SPLIT THAT WE MENTIONED. WITH REGARDS TO EATING ON SITE , THAT IS ABSOLUTELY SOMETHING THAT OUR OWNERSHIP WANTS TO SEE, THEY WANT PEOPLE TO COME AND PARK , THEY WANT THE WALK-UP BUSINESS. AGAIN, THE EXPECTATION IS IT WILL BE COVERED OUTDOOR TYPE OF SEATING. IT WILL BE OPEN-AIR ENVIRONMENT , YOU HAVE PROBABLY SEEN SOMETHING SIMILAR THAT HAS THIS CAN BE CLOSED OFF TO ELEMENTS WHEN NEEDED BUT GENERALLY SPEAKING, PRETTY OPEN TO THE EXTERIOR, THE GREEN SPACE APP -- ASPECT OF THINGS , THAT IS A NONNEGOTIABLE WITH US, THAT IS THE WAY WE FUNCTION.

>> HOW MANY PEOPLE WILL YOU BE ABLE TO SIT ON SITE?

>> WE HAVE NOT MADE THAT DETERMINATION WITH THE ARCHITECTURAL PLANS YET BUT GENERALLY SPEAKING, I DON'T THINK IT IS A STRETCH TO SAY 40 TO 50 PEOPLE VERY

COMFORTABLY. >> HOW MANY CARS WHEN YOU GUYS PERFORM WITH US, HOW MANY CARS DO YOU EXPECT, HOW MANY CARS DO NEED TO GO THROUGH THIS DRIVE-THROUGH ON A DAILY BASIS? STUFF LIKE THAT. WHAT WERE YOUR OPERATING HOURS?

>> AGAIN, A LITTLE BIT ABOUT THE BUSINESS. WE ARE BREAKFAST, LUNCH, AND DINNER. WE DO NOT OPERATE LATE INTO THE HOURS, EVENING HOURS , WE ARE GENERALLY NOT THERE FOUR IN THE MORNING, WE ARE NOT A 24 HOUR BUSINESS. WE ARE BREAKFAST, BISCUITS, DONUTS, MID DAY BREAKFAST CARRIES OVER INTO ABOUT 2:00 IN THE AFTERNOON. BURGERS, CHICKEN SANDWICHES, FRIES, THINGS OF THAT NATURE IN THE LATER HOURS, THAT IS THE EXPECTATION. TO DIRECTLY ANSWER YOUR QUESTION ON THE DRIVE-THROUGH, WE HAVE GOT A DRIVE-THROUGH THAT CURRENTLY SHOWS ABOUT 14 OR 15 CARS STACKING, WE FEEL CONFIDENT THAT IS SUFFICIENT TO HANDLE THE BUSINESS WE ARE GOING TO SEE THERE. IF ANYTHING, WE MAY HAVE SOME STACKING OUT INTO OUR INTERIOR DRIVE AISLES, THAT IS NOT THE EXPECTATION. THIS MAY BE A BREATH QUESTION HERE. HOW LONG HAS THIS PROPERTY BEEN ACTIVELY MARKETED? TO BE SOLD , IS THERE -- IT'S BEEN VACANT FOR 10 YEARS. WE HAVE BEEN TRYING TO DEVELOP IT FOR THAT ENTIRE PERIOD AND BECAUSE OF THE NATURE OF THE PROPERTY,

[00:30:03]

WE HAVE BEEN UNABLE TO DO THAT.

>> I DON'T KNOW IF I CAN SPEAK TO THAT IN REGARDS TO -- IT'S BEEN EVALUATED I THINK AGAIN, SIZE LIMITS WHAT YOU CAN DO ON THEIR. I AM NOT SURE OF WHAT ELSE HAS COME BEFORE YOU, IF ANY HAS COME BEFORE YOU AND BEEN DENIED, I DON'T RECALL, I HAD NOT WORKED ON ANYTHING. I THINK THAT THERE HAS BEEN MULTIPLE PEOPLE LOOKING AT THE SITE TRYING TO MAKE SOMETHING WORK, IT IS JUST CHALLENGING IN REGARDS TO THE SIZE AND THE SIZE OF THE PROPERTY, AND QUITE FRANKLY, THE ECONOMICS OF THE DEAL YOU KNOW WHAT I MEAN, IT'S A VALUABLE PIECE OF PROPERTY. IT IS -- A GOOD INTERSECTION. THERE'S GOOD TRAFFIC. THERE IS A LOT OF STUFF TO IT, IT'S JUST TRYING TO FIND THE RIGHT USE THAT IT'S WITHIN THE PARAMETERS OF REALLY WHAT YOU HAVE TO WORK WITH THERE. YOU KNOW?

>> THANK YOU. THESE TWO GENTLEMEN ARE HERE, ANYBODY ELSE ON THE COUNCIL HAVE A QUESTION FOR THEM?

>> PLEASE. >> MY QUESTION IS I REMEMBER WHEN THE OLD GUTHRIE'S WAS THERE, I DID NOT -- I WAS NOT SURE THEY HAD A DRAFT. DID THEY?

>> I DO NOT REMEMBER IF THEY HAD A DRIVE-THROUGH, IT DID NOT HAVE A DRIVE-THROUGH. OKAY, SO, I AM LOOKING AT I GUESS THIS IS -- THAT SLIDE AND THE OLD SERVICE STATION, THAT'S A COMBINATION OF WHERE YOUR BUSINESS IS GOING TO GO?

>> THIS , THE MAJORITY OF THE SITE IS ALL IN THE GUTHRIE SITE, THERE'S PART OF THIS SITE BECAUSE OF THE NATURE OF THESE TWO SMALL PARCELS, THEIR SHARED ACCESS , THERE'S GOING TO BE SHARED PARKING, THERE'S NOT MUCH LEFT ON THE OLD SERVICE STATION REALLY TO DEVELOP . THERE COULD BE SOMETHING THAT GOES THERE IN THE FUTURE. IT WILL BE LIMITED IN SIZE AND SCOPE JUST BASED UPON MEETING THE PARKING REQUIREMENTS WE HAVE TO MEET IN THIS PARTICULAR LOCATION, WE HAVE TO PARK THIS JUST LIKE WE WOULD PARK A NORMAL SITE OUT BY THE MALL OR YOU KNOW WHAT I MEAN, DOWNTOWN, THE COMMERCIAL DOES NOT REQUIRE ANY PARKING . ONLY RESIDENTIAL IN DOWNTOWN AUBURN IN THIS PARTICULAR AREA, WE HAVE TO PARK THIS NO DIFFERENT THAN HOW WE PARK ANYTHING ON SOUTH COLLEGE YOU KNOW, AND THOSE TYPES OF THINGS. REALLY WHAT DRIVES THE DENSITY ON THIS PARTICULAR SITE IS BEING ABLE TO ACHIEVE PARKING, IT DOES NOT HAVE THE DESIGNATION WHERE WE DON'T HAVE TO PARK, REALLY ULTIMATELY, THE PARKING WILL DRIVE IT, I THINK WHAT WE HAVE SAID IS THE INTENT IS TO DEVELOP LIKE THIS AND LEAVE THE CORNER AS OPEN GREEN SPACE FOR NOW, IF YOU CAN FIND A USER THAT COMPLEMENTS THIS, THAT CAN STILL WORK WITH THE CONSTRAINTS WE HAVE WITH THE PARKING, AND THAT KIND OF STUFF THERE MAY BE ANOTHER USER, THIS WILL HAVE TO BE SOMETHING THAT IS A LOT LESS INTENSE THAN THIS BECAUSE WE DO NOT HAVE THE NECESSARY PARKING TO SUPPORT A BIG -- ANYTHING THAT WOULD REQUIRE A LOT OF PARKING.

>> I HAVE JUST ONE MORE QUESTION. OKAY, SO, WOULD YOU BE COMING INTO THE DEVELOPMENT OFF OF NORTHGATE AND EXITING

ON OPA LOCKA ROAD? >> YEAH, WE THINK ON NORTHGATE STREET. BEST CASE SCENARIO, WE ARE RIGHT IN AND WRITE OUT THERE, THAT THE BEST WE WILL BE ABLE TO DO ON OPA LOCKA ROAD, WHAT WE SHOULD BE ABLE TO GET RIGHT IN AND WRITE OUT, WE ARE HOPING TO GET A LEFT IN THERE, WE DON'T THINK WE WILL GET A LEFT OUT OF THAT DRIVEWAY, YOU WOULD TECHNICALLY BE ABLE TO ENTER BOTH DRIVEWAYS, JUST DEPEND ON WHICH DIRECTION YOU ARE COMING FROM AND YOU SHOULD BE ABLE TO EXIT BOTH DRIVEWAYS WHICH WILL BE -- YOU WILL ONLY BE ABLE TO GO RIGHT OUT FOR THE MOST PART, THAT'S WHAT WE WOULD ANTICIPATE YOU KNOW, WE HAVE NOT DONE A TRAFFIC STUDY BUT THAT'S WHAT I WOULD ANTICIPATE BEST CASE SCENARIO.

>> OKAY, THAT WOULD HAVE BEEN MY ONLY CONCERN. IN AND OUT.

>> SO, OUT THERE RIGHT NOW THERE ARE THREE DRIVEWAYS AND WE ARE CONSOLIDATING THEM INTO ONE.

>> THANK YOU, ANYONE ELSE HAVE A QUESTION?

>> MR. MOREMAN. >> THANK YOU. I BELIEVE YOU SAID THIS IS YOUR SECOND LOCATION OUTSIDE OF ATHENS,

[00:35:03]

GEORGIA . >> THAT IS CORRECT.

>> WHY AUBURN? QUITE FRANKLY, AUBURN IS VERY SIMILAR TO ATHENS. I APOLOGIZE FOR SAYING THAT TO ANY TIGER FANS. IN GENERAL, WE APPRECIATE THE FACT WE ARE NOT MCDONALD'S STRAIGHT -- QUITE FRANKLY WE SEE THE OPPORTUNITY. WITHOUT GIVING TOO MUCH WAY, WE SEE THAT OPPORTUNITY. THERE'S GOING TO BE ANOTHER LOCATION IN ATHENS, ACTUALLY A LOCATION RIGHT NOW, VERY SIMILAR ON OPA LOCKA ROAD, A LITTLE MORE WALKABLE , ACCESSIBLE BY VEHICLES. WE INTEND TO -- WE ARE ACTIVELY WORKING ON A SITE IN CLEMSON, SOUTH CAROLINA. WE ARE LOOKING IN GREENVILLE, SOUTH CAROLINA AND SOME OTHER LOCATIONS. WE LIKE THE MIDSIZE FEEL OF TOWNS LIKE ATHENS, CLEMSON, AUBURN. OBVIOUSLY WE LOVE THE COLLEGE STUDENTS AT THAT ATMOSPHERE, ATHENS IS HOME BASE. THAT IS THE COMFORT ZONE, THAT'S WHERE THE COMPANY GREW UP, OUR FOUNDER, CHRIS HART IS COMFORTABLE WITH THAT POPULATION. YOU WILL NOT BE STANDING IN FRONT OF YOU RIGHT NOW IF WE DID NOT BELIEVE, THAT THIS WOULD BE A GREAT LOCATION FOR US BUT ALSO THE COMMUNITY. HE MENTIONED OUR INTENTION , WE WOULD LOVE TO DEVELOP THE OLD CONVENIENCE STORE. AT SOME POINT DOWN THE ROAD, THE OWNERSHIP HAS INFORMED ME IN NO CERTAIN TERMS THAT THAT WILL REMAIN GREEN SPACE FOR THE FORESEEABLE FUTURE. THERE ARE NO PLANS, WE HAVE NOTHING HIDDEN UP OUR SLEEVES TO BRING IN A STARBUCKS OR ANY HIGH-INTENSITY USE FOR THAT QUARTER -- CORNER. IT'S GOING TO BE CONCRETE, IT'S GOING TO BE GREEN. THAT IS OUR PLAN SO, WHY AUBURN , IT FITS THE MOLD. IT FITS WITH OUR OWNERSHIP IS COMFORTABLE WITH .

WE ARE JUST DOING OUR VERY BEST TO BE GOOD NEIGHBORS AND BE GOOD STEWARDS OF THE COMMUNITY.

>> JUST ONE MORE COMMENT IMPLIED, TO YOUR COMMENTS.

THIS IS NOT A MULTINATIONAL CORPORATION, THIS IS NOT A REAL BIG OUTFIT IN FACT, HE HAD A HARD TIME COMPARING IT TO ANYTHING. THIS IS A UNIQUE BUSINESS AND IT THAT AUBURN IS A GOOD PLACE TO PUT A UNIQUE BUSINESS.

>> I APPRECIATE THAT, THANK YOU.

>> ANYONE ELSE HAVE A COMIC? >> FIRST OFF , WE ARE NOT ATHENS OR NOT ANYTHING LIKE ATHENS, DON'T GO TO THINKING

THAT. >> YOUR BASKETBALL TEAM IS

CONSIDERABLY BETTER. >> FOOTBALL TEAM WILL BE TO -- TOO SOON. HOW MANY PEOPLE DO YOU EMPLOY?

>> OUR EXISTING LOCATION, THE ONE LOCATION IN ATHENS HAS ABOUT 40 EMPLOYEES . I'M GLAD YOU ASKED GENERALLY SPEAKING, WELL ABOVE MINIMUM WAGE CLOSE TO $20 AN HOUR FOR HOWEVER MANY EMPLOYEES. THAT IS INCREDIBLY IMPORTANT FOR THE OWNERSHIP.

>> THANK YOU. ANYONE ELSE? THANK YOU, GENTLEMEN. ANY FURTHER COMMENTS, QUESTIONS FROM THE STAFF? FOR THE STAFF,

FROM THE COUNCIL. >> I WOULD LIKE TO SAY THAT PLOT HAS BEEN VACANT FOR SOME TIME NOW, WE DON'T HAVE ANYONE INTERESTED IN IT. IT SEEMS LIKE SOMETHING THAT WOULD WORK FOR THIS AREA, I WOULD BE IN FAVOR.

>> ANYONE ELSE WOULD LIKE TO MAKE NOTE? MR. GRISWOLD.

>> AS I UNDERSTAND IT, WE LOOKING AT A VERY BUSY INTERSECTION DOWNTOWN, WE ARE ASKING FOR AN URBAN DRIVE-THROUGH, NOT PREDOMINATELY A DRIVE-THROUGH BUT PART OF THE BUSINESS FOR A YOU -- UNIQUE LOCATIONS DIFFICULT TO UTILIZE. IT'S BEEN EMPTY FOR A LONG TIME, THEIR PREVIOUS ROAD SERVICE USES IN THE VICINITY ON THAT CORNER, THE PROPERTY IS NOT GENERATING REVENUE FOR THE CITY RIGHT NOW AND IN THE POST-COVID ENVIRONMENT, THE DRIVE-THROUGH COMPONENT IS ESSENTIAL FOR THIS TYPE OF BUSINESS. ALSO A TRAFFIC STUDY WILL BE CONDUCTED TO ADDRESS FURTHER CONCERNS .

ALL THOSE THINGS ARE NOT IN OUR PACKET TONIGHT, ALL THOSE THINGS ARE 18 AUGUST, 2020. EVERY LAST ONE OF THOSE COMMENTS COMES FROM AUGUST 18TH, 2020 WHEN WE APPROVED GUTHRIE'S. IT LOOKS TO ME IN THE APPROVAL BASED ON WHAT WE

[00:40:03]

PREVIOUSLY APPROVED CHICK-FIL-A, WE HAVE TO APPROVE THIS. THIS IS DIFFERENT, AND OUT-OF-TOWN COMPANY, NOT A LOCAL COMPANY. I VOTED AGAINST THE GUTHRIE'S AND I HAVE BEEN PROVEN WRONG WITH MY CONCERNS ABOUT THE TRAFFIC AND THE IMPACTS , SAFETY AND WHATNOT. I BELIEVE WE NEED TO APPROVE THIS, I SUPPORT THIS ACTIVITY ON THIS CORNER, THIS LOCATION AT THIS TIME. IF WE DON'T, IT SHOWS SOME KIND OF INEQUITY WE HAVE PREFERENTIAL TREATMENT TOWARD LOCAL FAMILIES BUT NOT TOWARDS OUTSIDE ENTREPRENEURS TRYING TO MAKE A NEW BUSINESS IN AUBURN. I FULLY SUPPORT THIS ACTIVITY AND HOPE THE REST OF THE COUNCIL WILL AS WELL, THANK YOU.

>> ANYONE ELSE? >> MR. MAYOR?

>> FIRST LET ME COMPLEMENT YOU ON THE PRODUCT, IT'S A VERY ATTRACTIVE BUSINESS. IT LOOKS GREAT, I LIKE THE CONCEPT, I LIKE THE BRANDING OF IT. I LIKE EVERYTHING ABOUT IT. YOU ARE IN A PROBLEMATIC PART OF OUR CITY IN RELATION TO THE LONG-TERM PLANNING OF OUR CITY , I HAVE VOTED MYSELF INTO A QUANDARY HERE GIVEN THAT I DID NOT SUPPORT THE CHICK-FIL-A DRIVE-THROUGH, I DID NOT SUPPORT THE GUTHRIE'S. I LIKE BOTH OF THE PRODUCTS, DON'T GET ME WRONG. I TEND TO BUY INTO THE VISION OF OUR PLANNING DEPARTMENT AND WHERE WE ARE SUPPOSED TO BE GOING IN YEARS TO COME. I THINK THE PROBLEM OF MIXING PEDESTRIAN TRAFFIC WITH VEHICULAR TRAFFIC IS WE ARE JUST COMPOUNDING IT NOW AS WE VOTE IN OPPOSITION TO OUR FUTURE LAND USE PLAN. TO THAT END, I WISH YOU WELL AND DO SUPPORT IN PRINCIPLE YOU COMING TO THE TOWN . WE JUST LANDED IN A SPOT THAT I WOULD FEEL I AM NOT BEING CONSISTENT IN MY VOTING RECORD IF I SUPPORTED IT. THAT'S NOT TO SAY I DO NOT -- I DO ENCOURAGE YOU AND I THANK YOU FOR BRINGING THIS PRODUCT TO THE CITY.

>> ANYONE ELSE? >> OKAY. ALL IN FAVOR,

PLEASE SAY AYE. >> ALL ABOUT?

[10.a.4. Glenn Triplex. Performance Residential Development (multiple‐unit development). Property located at 620 East Glenn Avenue.]

>> NAYE. APPROVE. NEXT ITEM ON THE AGENDA IS 10 A FOUR, THE TRIPLEX, FORMER RESIDENTIAL DEVELOPMENT OR MULTIUSE DEVELOPMENT BAR LOCATED ON PROPERTY 620 EAST GLEN AVENUE.

PUBLIC HEARING IS REQUIRED. MOVE FOR APPROVAL. SECOND. THE MOTION ON A SECOND, THIS TIME WE WILL OPEN PUBLIC HEARING IF YOU WOULD LIKE TO ADDRESS CITY COUNCIL, THESE COME FORWARD AND GIVE YOUR NAME AND ADDRESS FOR THE RECORD. YOU HAVE FIVE

MINUTES. >> MY NAME IS DOUG LEWIS, I'M THE PRESIDENT OF THE CHARLESTON -- WE ARE ADJACENT TO THIS PROPERTY DEVELOPMENT. OUR MAJOR CONCERN IS DRAINAGE AND PERMEABLE SURFACES , NOT JUST IN THIS LOCATION, THIS IS GOING TO BE THE FIRST OF SEVERAL PROPERTIES . WE ARE NOT WORRIED ABOUT FLOODING IMMEDIATELY IN THAT AREA, BUT WE DO OWN THE BIG DETENTION POND. IT'S BEEN A SUBJECT OF EROSION , WE HAD TO SPEND $4000 IN HOA FUNDS A COUPLE OF YEARS AGO TO PUT SOME -- ADDRESSING PROBLEMS THAT WOULD HAVE ESSENTIALLY MADE THE -- IT WOULD NOT HAVE BEEN A DETENTION POND. WE HAVE DONE THAT. WE DO -- I SPOKE TO THE PLANNING COMMISSION LAST WEEK AND I THINK THE DEVELOPER HAD A PLAN ON WEDNESDAY BEFORE THE THURSDAY, I WANTED TO KNOW IF THE CITY ENGINEER HAD ANY EVALUATION ON THE VIABILITY OF WHAT WAS PROPOSED IN TERMS OF THE SMALL DETENTION POND ON THE PROPERTY. MY CONCERN IS NOT JUST FOR THIS ONE DEVELOPMENT,

[00:45:04]

IS THIS THE FIRST PRESIDENT FOR SEVERAL THINGS? WE BASICALLY, OUR POND DOES COVER RAINWATER FROM OUR NEIGHBORHOOD AND ALSO OFFER THE STREETS OF THE -- JOINING AROUND THE AREA. WE THINK OF A LOT OF EROSION IN THE CREEK, A LOT OF -- BUILT UP IN THE POND. ONE DAY, WE WILL HAVE TO REVISIT THAT POND. EVERYTHING THAT FILLS UP THE BOTTOM OF THAT IS TAKING AWAY SOME USE OF THE POND.

>> YES SIR, WHEN WE GET THERE PUBLIC HEARING, WE WILL TRY TO GET YOUR QUESTION ANSWERED. HOW ABOUT THAT?

>> CAN WE GET YOUR ADDRESS PLEASE? THANK YOU. WHO WILL BE

NEXT? >> OKAY, WE WILL CLOSE PUBLIC HEARING BEFORE WE CONTINUE, MR. CUMMINS, IS THERE ANY UPDATE ON ANY OF THE QUESTIONS OR CONCERNS THE GENTLEMAN HAD FROM THE CHARLESTON PLACE? I WOULD LET THE CITY ENGINEER MAKE AN EDIT TO THIS, WE HAVE LOOKED AT THIS, THE POND I THINK HE'S REFERRING TO IS SOLELY ON THAT PROPERTY, IT DOES COLLECT DRAINAGE FROM SOURCES OFF THE SITE, IT IS SOLELY ON THEIR PROPERTY WITH RESPONSIBILITY FOR THEM TO MAINTAIN AS THEY OWN THAT. MS. FRAZIER, DO YOU HAVE ANYTHING TO ADD?

>> OKAY. ANY QUESTIONS OR COMMENTS ? MR. MOREMAN PLEASE,

GO AHEAD. >> THANK YOU, UNDOUBTABLY THE CONSTRUCTION OF TRIPLEX ON GLAD THAT -- AVENUE WILL HAVE A BIGGER IMPACT ON THE SINGLE-FAMILY DWELLING THERE, THE QUESTIONS THAT I HAVE LIKE THOSE OF THE CHARLESTON PLACE RESIDENTS ARE HOW WILL THE RUNOFF BE HANDLED? WILL THE WATER BE PLACED ON A REP ROUTE BLIND DITCH AND ROUTED TO THE NEARBY CREEK OR WILL IT BE HELD IN A RETENTION POND?

>> WILL THE PARKING AREA BE PAVED, CONCRETE OR GRAVEL?

>> YOU WANT TO GO TO THOSE QUESTIONS ONE AT A TIME? HOW WOULD YOU LIKE TO DO THIS? I THINK MY INTENT AT THE END OF THIS WAS TO SEE IF WE HAD ENOUGH ANSWERS TO ANY OF THESE QUESTIONS THAT WE WOULD FEEL COMFORTABLE MOVING FORWARD.

>> WHY DON'T YOU HAVE TO -- COMPLETE THAT? IS THAT FAIR?

>> THE THIRD QUESTION, THERE'S FOUR QUESTIONS. THE CITY STAFF COMFORTABLE WITH THE SOLUTIONS THAT HAVE BEEN PROPOSED IN THE ENGINEERING STUDY WE HAVE HEARD ABOUT? WE HEARD ABOUT THAT AT THE PLANNING COMMISSION, I BELIEVE THE ENGINEER HIMSELF SAID THAT THOSE RESULTS HAVE BEEN TURNED IN, JUST READ THE OR THAT PLANNING COMMISSION MEETING, THE FOURTH QUESTION IS WILL THE HOA OF CHARLESTON PLACE BE EXPECTED TO HANDLE THE ADDITIONAL RUNOFF IN THE RETENTION POND, IT HAS BEEN STATED RIGHT NOW, THE CHARLESTON PACE -- PLACE PROPERTY RECEIVED RUNOFF FROM SOMERVILLE AND GLENN, DEAN, RYAN, TO JUST MENTION A FEW.

THIS WATER RUNS INTO THE RETENTION POND , I AM TOLD AS WE JUST HEARD, THAT THEY HAVE HAD TO REDO THIS POND THREE OR FOUR YEARS AGO AND IT COST THEM $12,000 , I BELIEVE THAT THE ONLY REQUEST THAT THE CHARLESTON RESIDENT -- CHARLESTON PLACE RESIDENTS IS ASKING FOR IS ASSURANCE THAT THE CITY ENGINEER FEELS COMFORTABLE WITH THE PROPOSED RUNOFF SOLUTIONS TO THIS NEW PROJECT AND IN A LONG-TERM PLAN IS IN PLACE FOR FUTURE CONSTRUCTION ALONG GLEN AVENUE, IN OTHER WORDS, THIS WILL BE THE ONLY CONSTRUCTION PROJECT ON GLEN AVENUE, THE ISSUE WILL BE THERE FOR EVERY ONE OF THEM. I WOULD LIKE TO ASK IF THE CITY ENGINEERS HAD TIME TO STUDY THE PROPOSALS OR PROVIDE THE ENGINEER OF THE DEVELOPER, CONCERNED WITH RUNOFF . IF NOT, I PROPOSE WE TABLE THIS ITEM UNTIL THE CITY ENGINEER HAS A CHANCE TO KNOW MORE ABOUT THE CONSTRUCTION PLANS AND LONG-TERM SOLUTIONS

TO MANAGE THE WATER RUNOFF. >> WHY DON'T WE STOP RIGHT THERE, IF YOU HAVE A RESPONSE TO MR. MOREMAN. MULTIPLE, QUESTIONS WE WILL GO BACK THROUGH IT.

>> YOU HAVE ANYTHING TO ADD TO THAT, YOU MAY HAVE NOT STILL HAD TIME TO REVIEW THE PLANS YET.

>> YEAH, WE HAVE NOT HAD A CHANCE TO REVIEW THE PLANS SUBMITTED HOWEVER, THERE WAS A PRIOR APPROVED SET OF PLANS ON

[00:50:03]

THIS SITE THAT MR. DOUG BROUGHT THE SAME COMMENT AT THAT TIME, WE DID ENSURE THAT THE CASE DID NOT HAVE ANY ADVERSE IMPACTS AND WE WILL DO THE SAME FOR THIS, WE HAVE ALREADY BEEN THROUGH A SCENARIO VERY SIMILAR TO THIS ON RIGHT WITH THE FIRE DEVELOPMENT PROPOSAL, WE HAVE NOT REVIEWED THE SITE PLAN

BEFORE YOU. >> IT LOOKS LIKE THE COMMON SENSE APPROACH , I'M NOT AN ENGINEER. I WILL ATTEST TO THAT AND I CAN PRODUCE RECORDS FROM AUBURN UNIVERSITY, MY COMMON SENSE WOULD SAY THAT THIS WATER HAS TO GO SOUTH AND WEST , AND NOT BE HELD ON SITE , I HEARD SOME DISCUSSION OF THE PLANNING COMMISSION OF HOLDING ON SITE , I THINK.

>> WE HAVE ALREADY HAD DISCUSSION WITH -- THE ENGINEER ABOUT HANDLING THE DRAINAGE, WE FULLY EXPECT TO HAVE THAT WHEN HE SUBMITS HIS PLAN FOR THE PROCESS.

>> IS THE EXPECTATION THAT THE WATER -- WHEN YOU SAY NO ADVERSE IMPACT, DOES THAT MEAN THAT WATER WILL RUNOFF AND IT WILL NOT GO INTO CHARLESTON PLACE DETENTION POND, IS THAT

WHAT THAT MEANS? >> THAT'S NOT WHAT THAT MEANS.

WATER GOING INTO -- WATER DRAINING OFFICE PROPERTY TRAINING INTO CHARLESTON PLACE DETENTION POND IS NOT CONSIDERED AN ADVERSE IMPACT?

>> THE WATER IS ALREADY GOING TO CHARLESTON PLACE BASED ON THE SEXTING -- EXISTING TOPOGRAPHY. I DID NOT GET A CHANCE TO LOOK BACK WHEN THEY WERE APPROVED. THE WAY WE DESIGN WITHOUT GETTING INTO TOO MUCH DETAIL, THE DETENTION POND IS SIZED BASED ON DRAINAGE AND DRAINING TO IT, THAT MEANS IF YOU ARE DOWNSTREAM, YOU WILL RECEIVE UPSTREAM WATER. WE TRY TO MINIMIZE THE IMPACT AND VELOCITY OF THE DISCHARGE. WE WILL BE LOOKING AT BECAUSE THERE WAS A STRUCTURE HERE ON THE PROPERTY BEFORE IMPACTS OF THE DIFFERENCE, AND WHAT THE HOUSE WAS BEEF -- VERSUS WHAT IT IS PROPOSE NOW, THE WATERS GOING THERE BECAUSE IT'S GOT TO GO DOWNSTREAM.

>> IT IS JUST THE VELOCITY IN WHICH IT TRAVELS. THANK YOU.

ANYONE ELSE? SURE. >> CAN YOU GIVE AN ANSWER TO THE QUESTION ABOUT THE PARKING LOT, WHETHER IT IS GRAVEL CONCRETE OR A PERMEABLE SURFACE.

>> PART OF THE ZONING ORDINANCE REQUIRED PARKING HAS TO BE PAID, IT WILL EITHER BE CONCRETE OR ASPHALT.

WE JUST DON'T HAVE THE DESIGN PLANS NOW BECAUSE THIS IS JUST A CONDITIONAL USE PROCESS. ABSOLUTELY. IS THERE ANY CONCERN ABOUT THE POND OVERFLOWING? NO? OKAY. MY QUESTION IS ABOUT THE PROCESS IN TERMS OF STEP-BY-STEP. THIS CONDITIONAL USE , SHOULD WE APPROVE IT TONIGHT AND YOU FIND IN THE ENGINEERING OF THIS SITE THAT IT DOES NOT MEET THE SPECS YOU WOULD EXPECT , THEN IT GOES NO FURTHER.

>> THAT IS CORRECT, WE WOULD NOT APPROVE CONSTRUCTION.

>> THANK YOU. ANYONE ELSE? ANYTHING FOR ELSE -- US MR.

COBLENTZ WE NEED TO KNOW? >> I THINK COUNCILPERSON PARSONS BRINGS UP A GOOD POINT, WE NEED TO SET THE PARAMETERS FOR WHAT WE NEED WITH THE ENGINEERING TRAFFIC STUDIES, STORMWATER STUDIES, WATER DEMANDS AND ALL THOSE THINGS, IT GENERATES A LOT OF THE VALUES THAT WE HAVE SAID DURING THIS REVIEW PROCESS. PLEASE, MR. PARSONS.

>> IN YOUR EXPERIENCE, HAVE WE APPROVE CONDITIONALLY PROJECTS THAT YOUR DEPARTMENT FINDS DON'T MEET OUR REQUIREMENTS AND THEREFORE, THEY JUST STOPPED ALTOGETHER?

>> NOT THAT I CAN RECALL OFF THE TOP OF MY HEAD.

>> THANK YOU. ANYONE ELSE? OKAY. WE WILL TAKE A VOTE. ALL

IN FAVOR PLEASE SAY AYE. >> AYE.

>> ANY OPPOSED? MOTION CARRIES. NEXT ITEM UNDER

[10.a.5. RaceTrac Fuel Center. Road service use (gasoline service station). Property located at the southwest corner of Shelton Mill Road and US Highway 280. Public hearing required.]

[00:55:01]

RESOLUTIONS IS 10.A.6 I'M SORRY, 10.A.5 AYE GASOLINE SERVICE STATED PROPERTY LOCATED AT THE SOUTHWEST CORNER OF SHELTON MILL ROAD AND U.S. HIGHWAY 280. PUBLIC HEARING IS

REQUIRED. >> MOVE FOR APPROVAL.

>> SECOND. WE HAVE A MOTION AND A SECOND AT THIS TIME, WE OPEN PUBLIC HEARING IF YOU WOULD LIKE TO ADDRESS THE COUNCIL, COME FORWARD AND GIVE YOUR NAME AND ADDRESS FOR THE RECORD, YOU HAVE FIVE MINUTES TO SPEAK TO THE COUNCIL.

>> GOOD AFTERNOON. BERT BOYKIN, 2001 PARK PLACE NORTH SUITE 540 BIRMINGHAM, ALABAMA. THANK YOU, EVERYONE FOR COMING TONIGHT, I'M HERE ON BEHALF OF THE APPLICANT, RACETRAC FUEL CENTER. THIS IS AN UNDEVELOPED PROPERTY , STATED ON THE CORNER OF SHELTON MILL AND U.S. HIGHWAY 282 GIVE YOU AN OVERVIEW OF HOW WE GOT HERE, YOU WILL RECOGNIZE HIS PROPERTY FROM 2022 WHEN CIRCLE K CAME THROUGH AND RECEIVED CONDITIONAL USE APPROVAL , THEY ULTIMATELY DID NOT MOVE FORWARD WITH THAT PROJECT SO WE ARE HERE REQUESTING THE SAME . IN FEBRUARY, WE SENT OUT LETTERS TO THE OWNERS OF THE PROPERTY IN THE ADJACENT NEIGHBORHOOD INVITING THEM TO THE AUBURN PUBLIC LIBRARY FOR A MEET AND GREET TO DISCUSS OUR SITE PLAN, WE REACHED OUT TO THE HEAD OF THE HOA OF THE NEIGHBORHOOD, WE HAD A GREAT TURNOUT, WE HAVE FOR OVER AN HOUR WENT THROUGH OUR SITE LAND, DISCUSSED CIRCLE K , THINGS WE LIKE AND DID NOT NIGHT ABOUT -- LIKE ABOUT CIRCLE K AND WE MADE SOME CHANGES TO OUR SITE PLAN LIKE THE IMPLEMENTATION OF A CHAIN-LINK FENCE ON THE BACKSIDE OF THE BUFFER THAT WAS REQUESTED BY THE NEIGHBORHOOD . AFTER THAT, WE WENT TO THE PLANNING COMMISSION LAST WEEK WHO UNANIMOUSLY VOTED TO RECOMMEND THE CONDITIONAL USE APPROVAL HERE TONIGHT , I AM HERE AS WELL AS OTHER MEMBERS OF THE RACETRACK AIM TO ANSWER ANY QUESTIONS AND AGAIN, I APPRECIATE YOUR TIME, MAKE YOU.

PUBLIC HEARING. THANKS FOR BEING HERE, ANYONE ELSE THAT WOULD LIKE TO ADDRESS THE CITY COUNCIL REGARDING THIS TONIGHT? OKAY, SEEING NO ONE, WE CLOSE PUBLIC HEARING, ANY COMMENTS OR

QUESTIONS? >> I HAVE A FEW. I ATTENDED THE MEETING THAT WAS HOSTED BY THE APPLICANT FOR RACETRAC FUEL CENTER, IT WAS WELL ATTENDED AND THERE WAS A LOT OF GOOD CONVERSATION. I NOTICED THAT IN THE APPLICATION THAT'S BEFORE US, THE RECOMMENDATION THAT THERE WAS NO CONDITION PUT ON TO REMOVE THE CONNECTION TO TURNBERRY LANE AND SO, IN OUR PREVIOUS APPROVAL FOR THE PREVIOUS APPLICATION THAT WAS A CIRCLE K, WE DID CONDITION THAT WITH NO CONNECTION TO TURNBERRY LANE, I WOULD LIKE FOR US TO CONSIDER REMOVING THE CONNECTIVITY BECAUSE I THINK THAT GIVES COMFORT TO THE NEIGHBORHOOD, I KNOW THAT THE CHAIN-LINK THANKS -- FENCE WAS SOMETHING DISCUSSED ADDITIONALLY, I WOULD LIKE TO ASK THE APPLICANT TO VERIFY THE TRAFFIC THAT COULD POTENTIALLY BE 18 WHEEL TRAFFIC , THAT WAY WE --

>> ON THE FIRST TOPIC OF THE CONNECTION OF THE TURNBERRY NOT A PART SITE PLAN, WE ARE MORE THAN HAPPY WITH THE RECOMMENDATION TO REMOVE THAT AS FAR AS TRAFFIC, THE SITE PLAN FOR THE TRAFFIC STUDY IS IN THE WORKS, THEY ARE COLLECTING COUNTS RIGHT NOW, WE EXPECT THERE TO BE A RECOMMENDATION FOR OUR ACCESS POINTS AND RACETRACK IS GREAT TO FOLLOW THE RECOMMENDATIONS OF THE TRAFFIC STUDY.

>> AS FAR AS 18 WHEEL TRAFFIC , SEMI TRAFFIC THAT IS COMING IN THAT COULD POTENTIALLY UTILIZE THE DIESEL TANKS ON THE BACKSIDE OF THE PROPERTY, IN OUR CONVERSATIONS DOING ARE OUR INITIAL MEETING WE PRESENTED, THAT WAS NOT SOMETHING YOU ENCOURAGED OR THOUGHT WOULD HAPPEN. WHAT DO YOU THINK , YOU MAY NOT HAVE A CRYSTAL BALL THAT WHEN YOU LOOK INTO THE FUTURE, IF YOU DECIDE OR DETERMINE THAT 18 WHEEL TRAFFIC IS RAMPANT ON THAT SITE BECAUSE OF AN ISSUE, IS THERE A WAY WE MITIGATE THAT MOVING FORWARD?

>> WE ARE NOT OFFERING THE ACCOMMODATIONS THAT 18 WHEEL TRUCKS LOOK FOR, THEIR STOPS ARE NOT AS RANDOM AS ALL OF OUR PASSENGER VEHICLES , THEY ARE NOT AS IMPULSIVE, THEY ARE

[01:00:09]

OVER DEFINED TRAFFIC, THEY KNOW WHERE THEY CAN STOP AND PARK THE CARS, THERE IS NO PARKING FOR 18 WHEEL TRUCKS AT THIS SITE, THOSE PUMPS ARE DESIGNED SPECIFICALLY FOR YOUR AMAZON TRUCKS , LAWNCARE PEOPLE, FOLKS I JUST HAVE DIESEL PASSENGER TRUCKS. THERE WAS SOME TALK AT OUR MEETING ABOUT PROHIBITING 18 WHEEL VEHICLES BUT I THINK THAT IS A COMPLICATED TO DO IN PRACTICE BECAUSE YOU GET A BIG TRUCK ON YOUR SITE, YOU LOOK AT OUR SITE PLAN, THEY ARE COMING OFF OF 280, IF THEY MERELY RUN INTO A SIGN THAT SAYS THEY CANNOT BE THERE, THEY HAVE GOT TO MAKE IT A PRETTY COMBO MATED -- COMPLEMENTED MANEUVER AROUND THE PONDS, TRY TO BACK UP ONTO 280. I THINK THAT WOULD BE A HAZARD AS WELL AS IF YOU MODIFY THE CANOPY HEIGHT, THAT IS A SAFETY ISSUE, THEY COULD BRING THAT DOWN ON TOP OF FUEL PUMPS YOU KNOW, WE HAVE A LARGE PROBLEM ON OUR HANDS.

MARKET TO THOSE TYPE OF VEHICLES, THIS IS DEFINITELY NOT IT. THOSE PUMPS HAVE BEEN MOVED FROM THE REAR OF THE BUILDING WERE CIRCLE K WAS SHOWN, WE ARE CLOSER TO 280 TO MINIMIZE NOISE OR ANY SORT OF CONNECTION WITH THE NEIGHBORHOOD WITH THOSE TRUCKS. AS BEST WE CAN -- YES. THERE COULD BE A TRUCK THAT COMES ON SITE OCCASIONALLY, WE DO NOT EXPECT THAT TO BE A SIGNIFICANT USER OF THE SITE.

>> AND THEN WHEN THE TRAFFIC STUDY IS DONE AND YOU HAVE A MEETING WITH ENGINEERING, THERE WAS A LOT OF CONVERSATION ABOUT IMPROVEMENTS TO THAT INTERSECTION, THIS MAY BE MORE OF A QUESTION FOR ENGINEERING AND HOW WE COORDINATE WITH L., SECONDLY, HAVE YOU GOTTEN APPROVAL FOR JK CURB CUTTING

ENTRANCE OFF OF 280? >> I DO NOT BELIEVE WE HAVE GONE APPROVAL YET, THOSE CONVERSATIONS ARE ONGOING AND THAT IS DEFINITELY A PART OF OBVIOUSLY WHAT WE HAVE TO DO TO

MAKE THIS HAPPEN. >> THAT'S ALL THE QUESTIONS I HAVE FOR THE APPLICANT BUT I DO HAVE QUESTIONS FOR STAFF.

>> THANK YOU. MS. WITTEN? >> SO, THE INTERSECTION AT 280 IN SHELTON RIGHT NOW IS VERY TREACHEROUS TO SAY THE VERY LEAST, IF YOU ARE TRYING TO MAKE A LEFT-HAND TURN, TRAVELING WEST AND MAKING A LEFT-HAND TURN HEADINGS OFF ON SHELTON, THAT STACKS UP GREATLY WITH PEOPLE TRYING TO MAKE A LEFT-HAND TURN INTO THE OPPOSITE CORNER GAS STATION SO, MY QUESTION IS HOW WILL WE WORK TO ENSURE THAT THE STACKING DOES NOT INCREASE WITH ADDITIONAL EBB AND FLOW FROM THIS PROPERTY, HOW WILL WE MITIGATE THAT MOVING FORWARD AND IMPROVE WHAT IS CURRENTLY HAPPENING NOW?

>> OUR CITY ENGINEERS LOOKED AT THIS, WE DISCUSSED IT AT SEVERAL MEETING SO I WILL LET MS. FRAZIER DISCUSSED WHAT

SHE'S CONSIDERING. >> WE ARE CONSIDERING ADDING A SHORT TURN LANE INTO THE EXISTING GAS STATION. WHEN THE CIRCLE K CAME IN, WE WORKED WITH THAT ENGINEER TO TRY TO GET OUR CONFIGURATION FOR LANES AS WELL AS THE ONE THEY ARE REQUIRED TO DO, THIS DEVELOPMENT WILL LIKELY REQUIRE AN ADDITIONAL STACKING DISTANCE , IT'S PROBABLY SOMETHING WE WILL HAVE TO COME BACK THROUGH AGAIN WITH THIS NEW APPLICANT TO MAKE SURE WE CAN STILL GET OUR SHORT STACK INTO THE EXISTING GAS STATION AND THEN ACCOMMODATE THE LANES THEY NEED TO EXIT. IT IS A LITTLE BIT COMPLICATED BUT WE WILL WORK

IT OUT. >> THE OTHER QUESTION WE HAVE FROM RESIDENCE AT SHELTON COVE WAS THAT THEY WERE CONCERNED ABOUT HOW THIS DEVELOPMENT MAY IMPACT THEIR ENTRANCE THAT THEY CURRENTLY HAVE, I JUST DID NOT KNOW IF THEY WOULD GET THAT FAR IN TO -- THEIR ENTRANCE WHERE THEY HAVE A PEDESTAL SIGN OR I DON'T KNOW THE TECHNICAL TERM, THEIR DATA THAT

COMES IN . >> FROM WHAT I REMEMBER WHEN THE LAST DEVELOPMENT CAME IN, IT GOT VERY CLOSE TO THE LEFT

[01:05:07]

TURN INTO SHELTON COVE, IT SHOULD NOT CONFLICT WITH ANY OF THEIR EXISTING MOVEMENTS INTO THE NEW GAS STATION. THE OTHER COMMENTS THAT WERE MADE JUST BECAUSE I KNOW I DON'T KNOW IF WE HAVE ANY RESIDENCE HERE FROM SHELTON COVE, THEY DID APPRECIATE THIS DESIGN BETTER THAN THE PREVIOUS APPROVED DESIGN SO THAT WAS A POSITIVE, THEY DID APPRECIATE THE ADDITION OF THE CHAIN-LINK FENCE TO HELP AS AN ADDITIONAL BARRIER FOR THEIR NEIGHBORHOOD TO A TRANSIENT PRODUCT AND THEY ALSO WANTED TO MAKE SURE ANY LIGHTING THAT WAS PUT UP WAS DOWNWARD LIGHTING AND ALSO TO MITIGATE THE NOISE OF POTENTIALLY IDLING DIESEL VEHICLES ON THE BACKSIDE OF THAT IT LOOKS LIKE THERE IS SOME ADDITIONAL BUFFERING THAT WILL HELP ABSORB THAT SO, JUST FROM A SITE PLAN AND FROM AN IMPROVEMENT, THIS IS A BETTER PRODUCT THAT WAS ALREADY

APPROVED BY THIS COUNSEL. >> THANK YOU, MS. WITTEN, ANYONE ELSE HAVE ANY COMMENTS OR CONCERNS?

>> I WANT TO ASK MR. CUMMINGS, DO I NEED TO ASK FOR AN AMENDMENT TO INCLUDE THE CONDITION OR CAN WE JUST ADD THE CONDITION AT TURNBERRY RAY -- LANE DOES NOT CONNECT IN THE NOTES ITEM THREE SAYS THAT IT DOES CONNECT.

>> THAT IS CORRECT, THE PROPER PROCEDURE WOULD BE TO PROPOSE AN AMENDMENT TO THE ORIGINAL MOTION.

>> FOR SECURITY FOR THE NEIGHBORHOOD, I WOULD LIKE TO MOVE TO AMEND THIS AGENDA ITEM TO INCLUDE A NO CONNECTION TO

TURNBERRY LANE. >> I HAVE A MOTION AND A SECOND TWO DISMEMBERMENT RELATED TO TURNBERRY LANE, ANY FURTHER

DISCUSSION ON THIS? >> I WAS GOING TO SAY MR. MAYOR, I AGREE WITH COUNCILPERSON WITTEN , I WOULD NOT BE OPPOSED TO HAVING THERE. WITH THAT, I THINK I COULD

SUPPORT IT. >> ANYONE ELSE? ALL IN FAVOR OF THIS AMENDMENT PLEASE SAY AYE, AND HE OPPOSED? THE MOTION CARRIES WITH AN AMENDMENT . ANY FURTHER DISCUSSION RELATED TO

-- >> WE NEED TO APPROVE THE ITEM.

EVERYBODY IS COMFORTABLE WITH QUESTIONS? ALL RIGHT. WE DO HAVE A MOTION AND A SECOND ALREADY TO APPROVE THIS. THIS VOTE WILL BE FOR THE AMENDED APPROVAL ALL RIGHT? ALL IN

[10.a.6. Shug Jordan ACDI Complex Expansion. Industrial use (expansion of the Auburn Center for Developing Industries complex). Property located at the 900 Block of Shug Jordan Parkway, north of Pumphrey Avenue and south of MLK Boulevard.]

FAVOR PLEASE SAY AYE. ANY OPPOSED? ALL RIGHT, MOTION CARRIES. NEXT ITEM ON THE RESOLUTIONS, ITEM 10 A6 IS FOR THE AUBURN CENTER FORWARD DEVELOPING INDUSTRY A CDI COMPLEX EXPANSION. -- SHUG JORDAN ACDI COMPLEX EXPANSION EXISTING COMPLEX PROPERTY LOCATED IN THE 900 BLOCK OF SHUG JORDAN PARKWAY AND SOUTH OF MLK, THE PROPERTY TAKES ACCESS OFF-PUMP THREE, BUT IS ADJACENT TO SHUG JORDAN FOR CLARITY, PUBLIC HEARING IS REQUIRED.

>> MOVE FOR APPROVAL. SECOND. I HAVE A MOTION AND A SECOND AT THIS TIME, I OPEN PUBLIC HEARING IF YOU WOULD LIKE TO ADDRESS CITY COUNCIL, YOU HAVE FIVE MINUTES TO SPEAK TO THE COUNCIL. SEEING NO ONE, WE WILL CLOSE PUBLIC HEARING, ANY COMMENTS OR QUESTIONS FROM THE COUNCIL? OKAY, ALL IN FAVOR PLEASE SAY AYE . ANY OPPOSED? THE MOTION CARRIES. THE FINAL

[10.a.7. US Security Systems. Commercial support use (warehouse). Property located at 267 West Veterans Boulevard.]

ITEM UNDER CONDITIONAL USES TONIGHT, 10.A.7. U.S. CITY SECURITY SYSTEM COMMERCIAL USE, WHEREAS PROPERTY LOCATED AT

267 WEST VETERANS BOULEVARD. >> MOVING TO APPROVAL.

>> SECOND. I HAVE A MOTION AND A SECOND, WE WILL OPEN PUBLIC HEARING IF YOU WANT TO ADDRESS CITY COUNCIL, GIVE US YOUR NAME AND RECORD -- ADDRESS FOR THE RECORD AND YOU HAVE FIVE MINUTES TO SPEAK TO THE COWS. SEEING NO ONE, WE POSE -- CLOSE PUBLIC HEARING, ANY QUESTIONS OR COMMENTS?ALL IN FAVOR PLEASE SAY AYE . ANY OPPOSED? THAT MOTION CARRIES.

[10.b.1. Donaldson Company, Inc. Auburn Technology Park South.]

NEXT ITEM ON THE AGENDA IS 10.B.1, TAX ABATEMENT FOR DONALDSON COMPANY IN AUBURN TECHNOLOGY PARK SOUTH.

>> TO APPROVAL. >> SECOND. ANY COMMENTS OR

QUESTIONS FROM COUNSEL? >> I WOULD LIKE TO SAY I APPRECIATE DONALDSON, THEY'VE BEEN HERE FOR A LONG TIME AND HAVE BEEN VERY GOOD TO HER -- STEWARD THE PROPERTY.

>> ANYONE ELSE? ALL IN FAVOR, PLEASE SAY AYE. ANY OPPOSED?

[10.b.2. Pyongsan America, Inc. Auburn Technology Park North.]