[ROLL CALL]
[00:00:12]
GOOD EVENING LADIES AND GENTLEMEN I WOULD LIKE TO CALL THIS APRIL PLANNING COMMISSION MEETING TO ORDER. IF WE CAN
HAVE ROLLCALL PLEASE. >> THANK YOU. BEFORE WE GET STARTED TONIGHT I WOULD LIKE TO GIVE A BRIEF OVERVIEW OF THE PROCESS OF A PUBLIC MEETING OF THE PLANNING COMMISSION. AGENDA ITEMS BY STAFF. THE REPRESENTATIVE OF THE AGENDA ITEM WILL HAVE AN OPPORTUNITY TO MAKE COMMENTS AND ANSWER SPECIFIC QUESTIONS. PUBLIC HEARING WILL BE OPENED. PER ITEM AS NECESSARY. WE WANT EVERYONE TO BE HEARD.
AT HAND. AFTER EVERYONE HAS SPOKEN PUBLIC HEARING WILL BE CLOSED. A REPRESENTATIVE AND STAFF WILL THEN HAVE THE OPPORTUNITY TO ANSWER ANY QUESTIONS THAT HAVE COME UP IN THE PUBLIC HEARING PROCESS. AFTER THAT THE COMMISSIONERS WILL BE UP FOR DISCUSSION AND A BOAT. THE COMMISSION WILL VOTE BASED ON THE STATE LAWS LOCAL LAWS AND COMPREHENSIVE PLAN FOR THE CITY OF AUBURN. IN ADDITION TO SUBDIVISION PLATS BY ALABAMA STATUTE THE PLANNING COMMISSION SUCH AS OURS IS THE FINAL APPROVAL AUTHORITY FOR SUBDIVISION PLATS. WE WELCOME ANY AND ALL PUBLIC COMMENTS AND IF YOU HAVE ANYTHING AFTER-THE-FACT PLEASE REACH OUT TO STAFF.
>> THANK YOU. >> AT THIS TIME WE WILL OPEN CITIZENS COMMUNICATION. IF YOU HAVE ANYTHING YOU WISH TO SPEAK ABOUT THAT IS NOT ON TONIGHT'S AGENDA.
>> SEEING NO ONE WE WILL MOVE FORWARD. WE DO NOT HAVE ANY
[CONSENT AGENDA]
OLD BUSINESS BUT WE DO HAVE CONSENT AGENDA. THAT CONSENT AGENDA IS PACKET MEETING MINUTES FROM MARCH 11TH WRIGLEY MEETING MINUTES FROM MARCH 14TH. FINAL PLAT FOR TUSCANY PHASE 5B FINAL PLAT FOR DAWSON VILLA SUBDIVISION PHASE 2.>> MOVED TO APPROVE CONSENT AGENDA.
[3. Conditional Use - The Children’s House- PUBLIC HEARING CU-2024-008]
>> SECOND >> ALL THOSE IN FAVOR.
>> IN THE OPPOSED? THANK YOU. ONTO NEW BUSINESS. GOOD
EVENING. >> JUST GIVE ME ONE SECOND.
THE FIRST ITEM ON NEW BUSINESS TONIGHT IS A CONDITIONAL USE REQUEST FOR CHILDREN'S HOUSE. THIS IS A CONDITIONAL USE FOR THE EXPANSION OF AN EXISTING INSTITUTIONAL USE A PRIVATE SCHOOL TAKE CARE. THE PROPERTY IS LOCATED AT 231 EAST DRAKE AND THE RDD DISTRICT. THERE ARE MANY USES AROUND IT -- THE ART CENTER IS SOUTH OF THE PROPERTY. AND THERE ARE DIFFERENT HOUSING TYPES TOWNHOUSES DUPLEXES SINGLE-FAMILY IN THE SURROUNDING NEIGHBORHOOD. THE SCHOOL HAS ACTUALLY BEEN IN OPERATION SINCE THE 70S. AND THAT WAS PRIOR TO OUR CONDITIONAL USE PROCESS AND SINCE THIS IS AN EXPANSION, THE USE WITHIN THE RDD THEY DO NEED A CONDITIONAL USE APPROVAL. THEY ARE WANTING TO EXPAND THE SCHOOL AND BUILD ABOUT A 1400 SQUARE FOOT -- IN THIS LOCATION IS A 1400 SQUARE FOOT BUILDING. WHICH WILL HOUSE ADDITIONAL STUDENTS AND THIS WILL INCREASE THEIR CAPACITY UP TO 50 I BELIEVE. WE DID RECEIVE ONE ITEM OF CORRESPONDENCE FROM A CITIZEN IN SUPPORT OF THE USE. AND STABBED US RECOMMEND APPROVAL. I BELIEVE THE APPLICANT IS HERE
AS WELL. >> IF YOU HAVE ANY QUESTIONS.
>> THANK YOU. REPRESENTATIVE IS HERE. WOULD YOU LIKE TO SAY
ANYTHING AT THIS TIME? >> I DO WHATEVER MY WIFE TELLS ME TO. THANK YOU. ON FRED CAM MY WIFE CHARLENE WHEN WE MOVED TO AUBURN IN 1997, ONE OF THE CHALLENGES WE HAD WAS FINDING AN APPROPRIATE PRESCHOOL SYSTEM FOR OUR CHILDREN. SO, MY WIFE DECIDED THAT THERE WASN'T ONE. AND SO SHE DECIDED TO TAKE THE OPPORTUNITY AND OPEN A
[00:05:02]
MONTESSORI PRESCHOOL BASED ON THE MONTESSORI PHILOSOPHY. THAT WAS IN OUR HOME. AT ONE POINT THE VILLAGE SCHOOL DECIDED TO CLOSE DOWN. AND THEY APPROACHED US AND CHARLENE FELT THAT THERE WAS A GREAT NEED AND A CONTINUING NEED IN THE COMMUNITY. THAT RESULTED IN US PURCHASING THAT PROPERTY AND THEN EXPANDING TO THE POINT THAT SHE IS NOW. I WILL TELL YOU AND WE ARE ON RECORD -- IF IT WERE UP TO FRED CAM HE IS HEADING INTO RETIREMENT. HE DOES NOT WANT TO INVEST IN A NEW BUILDING. THIS IS HER LEGACY. SHE HAS BEEN DOING IT.IT IS HER PASSION AND LEGACY. THERE IS A HUGE NEED AND DEMAND. SHE'S GOT A THREE YEAR WAITING LIST. SO THIS WILL HELP WITH THAT THREE YEAR WAITING LIST. IN ADDITION TO THAT SHE'S GOTTEN A LOT OF REQUESTS FROM PARENTS TO CONTINUE. AND EXPAND HER CURRICULUM. AND SO THAT IS WHY WE'VE MADE THIS DECISION TO MAKE THIS INVESTMENT INTO THE
>> THANK YOU. >> THIS DOES REQUIRE A PUBLIC HEARING. I WILL OPEN THAT NOW. PLEASE FEEL FREE TO COME
FORWARD AND SPEAK. >> SEEING NO ONE WE WILL CLOSE THE PUBLIC HEARING. COMMISSIONERS PICK
>> I MOVED TO APPROVE 2024 008.
>> SECOND >> I HAVE A MOTION AND A SECOND. ALL THOSE IN FAVOR. ANY OPPOSED? MOTION CARRIES.
[4. Conditional Use - 814 North College Street - PUBLIC HEARING CU-2024-014 ]
SO THIS REQUEST IS FOR CONDITIONAL USE APPROVAL OF A PERFORMANCE RESIDENTIAL USE SPECIFICALLY A MULTIPLE UNIT DEVELOPMENT LOCATED AT 814 NORTH COLLEGE STREET SOUTH OF --. [INAUDIBLE]. AS YOU CAN SEE THE SUBJECT PROPERTY IS ZONED WITHIN THE REDEVELOPMENT ZONING DISTRICT OTHERWISE KNOWN AS RDD. SURROUNDED TO THE SOUTHEAST AND NORTH WITHIN THE SAME DAWNING ZONING DISTRICT OF RDD AND RIGHT ACROSS NORTH COLLEGE TO THE WEST IS ZONED TDH. THE APPLICANT HAS PROPOSED TO DEVELOP FIVE DWELLING UNITS WITH FOUR BEDROOMS EACH TOTALING 20 BEDROOMS. ON APPROXIMATELY .95 ACRES. THE PROPOSED DENSITY IS APPROXIMATELY 5.26 DWELLING UNITS PER ACRE. WHICH IS LESS THAN THE EIGHT DWELLING UNITS RECOMMENDED THAT THE MEDIUM DENSITY RESIDENTIAL FUTURE LAND USE. AND THIS ALSO FAR LESS THAN THE 16 -- PER ACRE MAXIMUM ALLOWED IN THE RDD ZONING DISTRICT. THIS CONDITIONAL USE REQUEST WAS APPROVED FOR THE SAME SITE BACK IN AUGUST OF 2021. BUT I THINK IT IS WORTH NOTING THAT THE DENSITY OF 5.26 IS FAR LESS THAN THE 12.37 UNITS PER ACRE THAT WAS APPROVED AT THAT TIME. WITH THAT BEING SAID STAFF IS RECOMMENDING APPROVAL OF THIS REQUEST. WILLING TO ANSWER ANY QUESTIONS. THE APPLICANT IS ALSO HERE TODAY TO ANSWER ANY>> THIS DOES ALSO REQUIRE A PUBLIC HEARING. WE WILL OPEN
>> MY NAME IS -- SOME OF YOU GUYS I KNOW AND SOME OF YOU I
DON'T. >> YOU HAVE YOUR ADDRESS?
>> 814. THIS IS MY ADDRESS WE ARE TALKING ABOUT. I AM OBJECT TO THIS PARTICULAR DEVELOPMENT BECAUSE RIGHT NOW MY MOTHER CAME TO YOU GUYS OR IT CAME TO GUYS BEFORE. AS YOUR PLANNER HAD STATED. YOU GUYS APPROVED IT. AND WHEN YOU GUYS APPROVED AT THE LAST TIME, MY MOTHER WAS 88 YEARS OF AGE. DID NOT KNOW THAT ONLY THING SHE HAD WAS A SURVIVORSHIP RIGHT TO THE PROPERTY. SOMEONE IN THE PLANNER'S OFFICE DID NOT CHECK THE DEEDS. SHOT RIGHT PAST YOU GUYS ALL THE WAY UP TO THE COUNCIL AND GOT APPROVED. WITHOUT MY SISTER AND MY CONSENT. DID NOT LOOK AT THE DEEDS. DID NOT READ THE DEEDS OR WHATEVER. BUT IT GOT APPROVED. IT WENT THROUGH AND IT FAILED. MY MOTHER AT HER AGE STARTED HAVING SOME
[00:10:04]
PROBLEMS. I'M NOT KNOCKING WHAT YOU GUYS APPROVED.SOMEBODY DID NOT DO A FACTCHECK AND A CHECK AND BALANCE. SINCE THAT TIME MY MOTHER HAS PASSED AWAY. TODAY I PRESENTED TO YOUR PLANNER A COPY OF WHAT MIGHT LAW FIRM OR WHAT THE LAW FIRM THAT WE ARE USING TO CONTEST THE TITLE OF THIS PROPERTY . BECAUSE THIS PROPERTY IS NOW BEING CHALLENGED IN THE ALABAMA SUPREME COURT . SOME OF YOU GUYS MIGHT HAVE HEARD ABOUT THE PROPERTY OVER -- [INAUDIBLE].
THAT WAS A NEW STATUTE. BROUGHT INTO EXISTENCE AND HEIRESS RIGHTS HAVING THE FIRST RIGHT. THE JUDGE WAS NOT AWARE . YOU MIGHT BE LOOKING AT TODAY YOU MIGHT BE LOOKING AT A CLERKS DEED. BUT WHATEVER DECISION YOU MAKE TODAY IT WOULD HANDS UPON WHAT THE SUPREME COURT OF THE STATE OF ALABAMA IS LOOKING AT. CONCERNING THAT LAW. WE FILED IT UNDER THAT STATUTE. THESE DEVELOPERS I FEEL LIKE THEY BOMBARDED MY MOTHER BECAUSE OF HER AGE. AND MY BROTHER FOR OTHER REASONS OF PRIVACY THAT I CAN'T SAY ANYTHING ABOUT NOW. BUT, I FILE WHAT IS CALLED PENDING TO PUT YOU GUYS ON NOTICE THAT THESE PEOPLE EVEN THOUGH THEY HAVE A CLERKS DEED I SIGNED NOTHING. I'VE ACCEPTED NO MONEY. EVERYTHING THAT I OWN IS IN THAT PROPERTY RIGHT NOW. I HAVEN'T BEEN EVICTED. EJECT IT OR ANYTHING OF THAT NATURE. I HAD CATARACTS THAT IS WHY IT WASN'T HERE BEFORE. I DID NOT SEE COULD NOT DRIVE AND DID NOT KNOW WHAT WAS GOING ON UNTIL IT WAS TOO LATE TO COME TO THE MEETING. BUT AFTER RESEARCHING IT I DISCOVERED YOU GUYS APPROVED THAT. I'M GOING TO READ THIS LIST PENDING WITH THE PROPER AUTHORITIES OVER HERE. I'M GIVING IT TO MR. COTTON. I FELT LIKE HE NEEDED TO KNOW THIS. IT WAS FILED THIS AFTERNOON. THE LAW FIRM WE HAVEN'T HEARD WE PROBABLY WON'T HEAR FROM THE SUPREME COURT FOR A MONTH OR SO. BUT I WOULD APPRECIATE IT IF YOU GUYS WOULD TABLE THIS UNTIL SUCH TIME AS THE SUPREME COURT MAKES THEIR RULING. THANK YOU. MY SISTER IS HERE. SHE WASN'T AWARE. SHE LIVES IN MONTGOMERY AS WELL. SHE MIGHT WANT TO SAY SOMETHING. BUT AS OF TODAY, I HAVE NOT APPROVED OF THIS SALE OR DEVELOPMENT. THANK YOU ALL FOR YOUR TIME AND YOUR
>> ANYONE ELSE LIKE TO SPEAK? >> AT THIS TIME I WILL CLOSE PUBLIC HEARING. REPRESENTATIVES --
>> WITH THE FORESIGHT GROUP. I WOULD JUST SAY THAT WE HAVE A DEED ON THE LAND. THE LAND IS SOLD. THE SALE WAS DUE TO A JUDGMENT IN COURT. IT IS A CIVIL MATTER THAT HAS NOTHING TO DO WITH THE USE OF THE PROPERTY THAT WE ARE TALKING ABOUT TONIGHT. SO, WE WOULD APPRECIATE YOU MOVING FORWARD WITH REVIEWING THIS APPLICATION. THANK YOU.
>> WITH THE PUBLIC HEARING CLOSED CAN I ASK CITY ATTORNEY
PROPER WAY TO MOVE FORWARD? >> FROM A PROCEDURAL STANDPOINT WE HAVE COMMENTS FROM THE PUBLIC . RELATED TO A PENDING WHICH IS BEEN FILED ON THE PROPERTY AS OF THIS AFTERNOON. THE DEVELOPER HAS PROVIDED AS PART OF THIS APPLICATION A DEED A CLERKS DEED FROM THE CIRCUIT COURT OF LEE COUNTY. WHICH INVESTS ALL TITLE AND INTEREST IN THE PROPERTY AND TO THE APPLICANT CAM REAL ESTATE LLC. AS THE RECIPIENT OF THE CLERKS DEED. PENDANTS FROM A LEGAL PERSPECTIVE IS NOTICE OF THE CLAIM SOMEONE HAS A CLAIM THAT THEY BELIEVE THEY HAVE A RIGHT AND THE PROPERTY. THE FILING OF IT DOES NOT MAKE ANY DETERMINATION OR PROVIDE ANY WEIGHT TO ONE ARGUMENT OR ANOTHER TO THE POLITICALLY OF THE CLAIM. SO AT THIS POINT IN TIME YOU HAVE BEFORE YOU REQUEST FROM THE DEVELOPER THAT HAS A DEED RECORDED TO THE LEE COUNTY PROBATE OFFICE IN HIS NAME WHICH DOES SATISFY THE REQUIREMENT THAT THE DEVELOPERS SHOW THAT THEY HAVE
[00:15:04]
THE LEGAL RIGHT TO DO THE THINGS THEY ARE REQUESTING BEFORE THIS PLANNING COMMISSION. THE LIZ PENDANTS DOES NOT OVERWRITE THAT. IT SIMPLY LETS THE WORLD KNOW INCLUDING THIS BODY THAT SOMEONE HAS FILED A CLAIMAGAINST THE PROPERTY. >> OKAY SO WE MOVE FORWARD AND MAKE A DECISION ALL THIS WOULD BE WITHIN WHATEVER THE COURT CHOOSES? SPRING IS CORRECT. IT IS NOT THE PURVIEW TO MAKE AN ADJUDICATION OR DETERMINATION AS TO WHETHER OR NOT THE LIZ PENDANTS IS PROPERLY OR PROPERLY FILE. OR WHETHER THE
CLAIM IS VALID. >> IT IS SOLELY UP TO THE
COURTS. >>> IN OTHER WORDS WE ARE TO TREAT THIS AS THERE IS NO CHALLENGE UNTIL IT DETERMINATION BY A COURT SAYS IT IS OWNED BY A DIFFERENT
PARTY. >> I WOULD SAY THAT DIFFERENTLY. WHAT I WOULD SAY IS YOU HAVE A DEED IN FRONT OF YOU THAT VESTS THE APPLICANT WITH A LEGAL RIGHT TO DO WHAT IS REQUESTED TO DO. YOU HAVE A CHALLENGER IN SOME RESPECT AND RELATION TO TITLE OF THAT PROPERTY. BUT THAT THIS BODY DOES NOT HAVE THE AUTHORITY TO MAKE ANY DETERMINATION EXCEPT WHETHER OR NOT THE APPLICANT HAS THE LEGAL RIGHT TO DO AS THE MATTER IS BEFORE THIS BODY TO DO WHAT HE IS REQUESTING TO
BE DONE. AND HE DOES. >> DID THAT ANSWER YOUR
>> TAKE YOUR ATTORNEY HATS OFF. >> COMMISSIONERS DO YOU FEEL CONFIDENT ABOUT MOVING FORWARD ?
>> MAKE A MOTION TO APPROVE CASE 2020 40 14.
>> I HAVE A MOTION AND A SECOND. ALL THOSE IN FAVOR. ANY OPPOSED? MOTION WILL CARRY. THANK YOU ALL .
[5. Conditional Use - Averett - PUBLIC HEARING CU-2024-015 ]
GOOD EVENING FOR THIS ITEM THE APPLICANT IS REQUESTING A CONDITIONAL USE APPROVAL FOR INDUSTRIAL USE SPECIFICALLY IN MANUFACTURING FACILITY. LOCATED AT 380 INDUSTRY DRIVE IN THE AUBURN INDUSTRIAL PARK. THIS IS A HISTORICAL SITE PLAN ON FILE. I APOLOGIZE FOR ITS RUDIMENTARY NATURE. THE PREVIOUS USE OF THE PROPERTY WAS A BUILDING MATERIALS MANUFACTURING FACILITY. LIKE ALL INDUSTRIAL USES OR USES IN THE INDUSTRIAL DISTRICT HAS TO GO THROUGH THE PROCESS. MOST RECENT TIME IT HAS BEEN THROUGH WAS 2021 FOR AN EXPANSION OF THE BUILDING MATERIALS MANUFACTURING FACILITY. THAT EXPANSION WAS LATER WITHDRAWN. AND THAT THE RT PROCESS. AND THE PROPERTY HAS SAT VACANT FOR OVER 12 CONSECUTIVE MONTHS.TRIGGERING THIS PROCESS AGAIN. THE NEW PROPOSED USE IS A LITTLE BIT DIFFERENT IN NATURE. I BELIEVE THE APPLICANT IS A MANUFACTURER FOR THE AUTOMOBILE MANUFACTURING PROCESS. STAFF HAS NO MAJOR COMMENTS AND RECOMMENDS FOR CITY COUNCIL FOR
APPROVAL. >> THANK YOU. IS THE APPLICANT HERE OR A REPRESENTATIVE?
>> YES THEY ARE >>. YOU. DO YOU WISH TO SPEAK
AT THIS TIME? >> OKAY THIS DOES REQUIRE A PUBLIC HEARING. I WILL OPEN THAT NOW. SEEING NO ONE WE WILL CLOSE THE PUBLIC HEARING. COMMISSIONERS.
>> SECOND >> I HAVE A MOTION AND A SECOND. ALL THOSE IN FAVOR. ANY OPPOSED? THANK YOU.
[6. Preliminary Plat - The Preserve Phase 7- PUBLIC HEARING PP-2024-004]
>> THANK YOU. SO THIS IS A PRESERVE FACE SEVEN PRELIMINARY PLAT. THE REQUEST IS FOR A PRELIMINARY PLAT APPROVAL FOR A CONVENTIONAL RESIDENTIAL SUBDIVISION FOR 190 SINGLE-FAMILY RESIDENTIAL LOTS. GO TO THE NEXT LIGHT. THIS IS JUST CONTINUATION OF THE PRESERVE. THIS IS -- THIS IS A CONTINUATION OF PRESERVE RECOMMENDATION IS FOR APPROVAL.
WE'VE ALREADY HAD LOT LAYOUT MEETING. TYPICALLY WHEN YOU SEE PRELIMINARY PLATS THAT ARE GREATER THAN -- THEY'VE ALREADY DISCUSSED IT. BOTH ENGINEERING THE RECOMMENDATION IS FOR APPROVAL. WITH STAFF COMMENTS BUT EVEN THOUGH IT IS A LOT OF COMMENTS -- THERE REALLY THERE IS NO CONCERNS THAT CAN BE WORKED OUT IN THE RT OR BY THE FINAL PLAT. LIKE I SAID THE RECOGNITION IS FOR APPROVAL.
>> THE APPLICANT IS HERE. >>> REPRESENTATIVE IS HERE.
[00:20:06]
DO YOU WISH TO SAY ANYTHING AT THIS TIME?>> GOOD EVENING . FLOWERS AND WHITE ENGINEERING. I CAN ENTERTAIN ANY QUESTIONS. SHOULD YOU HAVE ANY. THE STAFF COMMENTS -- SEND THEM BACK THIS MORNING. A LOT OF THEM WERE CLARIFICATIONS. SEWER IS AVAILABLE AND WATER IS AVAILABLE. I SENT THEM BACK THIS MORNING. IF YOU HAVE ANY
QUESTIONS PLEASE LET ME KNOW. >> THIS DOES REQUIRE PUBLIC HEARING . IT IS A PRELIMINARY PLAT. IF THERE IS ANYONE WHO WOULD LIKE TO COME AND SPEAK TO THIS AGENDA ITEM PLEASE COME
FORWARD NOW. >> OKAY NO ONE IS HERE FOR THIS AGENDA ITEM. SO WE WILL CLOSE THE PUBLIC HEARING. COMMISSIONERS.
>> MOVED TO APPROVE 2024 004 WITH COMMENTS.
>> SECOND >> I HAVE A MOTION AND A SECOND. ALL THOSE IN FAVOR ? ANY OPPOSED ? MOTION CARRIES.
[STAFF COMMUNICATION ]
THAT CONCLUDES OUR AGENDA ITEMS. DO WE HAVE ANYCOMMUNICATION? >> WE HAD OUR LAST PUBLIC INPUT MEETING OPEN HALL HOUSE LAST NIGHT -- RIGHT AT THE COMPLEX. IT WENT PRETTY WELL. HAD ABOUT TWO DOZEN PEOPLE.
NEXT WEEK WE WILL HAVE THE PLANNING COMMISSION WORK SESSION. AND THEN I WILL SHARE THE PROPOSED CHANGES IN THE FEEDBACK WE'VE GOT. WE WILL TALK ABOUT THAT TOMORROW. THEN WE WILL BE READY TO TALK ABOUT IT NEXT WEEK. WE WILL START THE PROCESS OF FINALLY GETTING THE FIVE YEAR UPDATE TO THE
>> ANY QUESTIONS? >> NO. NO QUESTIONS.
>> OKAY. WE ARE ADJOURNED. >>
* This transcript was compiled from uncorrected Closed Captioning.