[ROLL CALL] [00:00:09] >> WOULD LIKE TO WELCOME YOU AND CALLED TO ORDER THE AUGUST, 2024 PLANNING COMMISSION. ROLL CALL? >> DANA CAMP? >> HERE. >> REES? >> HERE. >> BIRMINGHAM? >> HERE. >> WISDOM? >> HERE. >> AISTRUP? CHANSLER? >> HERE. >> STEVENS? >> HERE? >> DAVIS? >> HERE. >> THANK YOU. WE HAVE A FIRST ORDER OF BUSINESS. YOU MAY NOTICE THAT WE HAVE THREE NEW NAMES UP HERE . THAT ALSO MEANS THAT WE MUST VOTE ON A COUPLE OF POSITIONS WITHIN THE PLANNING COMMISSION. WE HAVE A VICE CHAIR POSITION AND A SECRETARY POSITION THAT NEED TO BE -- GAIN OFFICERS -- AND AT THIS TIME, I WOULD LIKE TO OPEN THE FLOOR FOR NOMINATIONS , AND, ALSO MAKE MY OWN NOMINATION. I WOULD LIKE TO NOMINATE DAVID WISDOM AS THE VICE CHAIR, AND DANA CAMP AS THE SECRETARY. ANY OTHER NOMINATIONS ON THE FLOOR OR A SECOND? >> SECOND THAT. >> ALL THOSE IN FAVOR? SAY, AYE. >> AYE. >> ANY OPPOSED? THANK YOU ALL VERY MUCH. AT THIS TIME, I WOULD LIKE TO OPEN THE FLOOR FOR CITIZENS' CAN MEDICATION. THIS IS TO SPEAK ABOUT ANYTHING THAT IS NOT ON THE AGENDA FOR THIS EVENING. OKAY. THANK YOU. [1. Annexation - Jaramillo Annexation AX-2024-005] I WILL CLOSE CITIZEN COMMUNICATION AND MOVE TO OLD BUSINESS. OLD BUSINESS CONSISTS OF THREE ANNEXATIONS THAT WERE POSTPONED TO DATE, CERTAIN TONIGHT, FROM LAST MONTH. I WOULD LIKE TO ASK, IF WE CAN, VOTE HOWEVER YOU ARE FEELING TONIGHT ON THESE AND GO AHEAD AND PUSH THOSE THE CITY COUNCIL, BUT -- ANNEXATIONS -- ARE WE HAVING PRESENTATIONS ON THOSE? IS THAT YOU? >> YEAH. ALL RIGHT. I GUESS I WILL JUST RUN THROUGH , JUST KIND OF AS A REFRESHER, THE ANNEXATION FOR THE RECOGNITION FOR THE CITY COUNCIL PROPORTIONATELY 14.8 4, ACRES, 890 HELEN DRIVE -- LET ME CHECK OUT THE NEXT ONE. SO, I GUESS , THE NEXT SLIDE PLEASE. YEAH. SO, AS EVERYONE KNOWS, THIS IS CURRENTLY OUTSIDE OF THE OPTIMAL BOUNDARY. THE OPTIMAL BOUNDARY HAS PROPOSED CHANGES THAT INCLUDES THIS PROPERTY, BUT THE CURRENT OPTIMAL BOUNDARY DOES NOT, AND YOU WILL VOTE TO POSTPONE IT TO TODAY'S MEETING AS A RESULT . I WILL TURN IT OVER TO Y'ALL FOR ANY QUESTIONS. >> ANNEXATIONS DO NOT REQUIRE PUBLIC HEARING, COMMISSIONERS. SO, IF YOU HAVE QUESTIONS OF STAFF -- >> I HAVE A QUESTION. SO, WE DECIDED, AT THE LAST MEETING, AS I RECALL, THAT IS KIND OF THE SAME SITUATION , RIGHT, AS ANNEXATIONS? THAT, SINCE THEY WORKED -- WEREN'T INSIDE THE OPTIMAL BOUNDARY, WE WANTED TO TAKE SOME TIME AND FIGURE OUT, YOU KNOW, HAVE THAT DISCUSSION ABOUT OPTIMAL BOUNDARY IN THIS AREA. WE HAVEN'T HAD THAT DISCUSSION. NO DISCUSSION OF THIS DECISION HAS BEEN MADE, RIGHT? >> RIGHT. AND, IN ANNEXATIONS, IF IT WAS DENIED, THEN THEY COULD COME BACK AT ANY TIME. IS THAT RIGHT? >> YUP. YEAH. YEAH, SO, ON OTHER ITEMS ON -- ON OTHER APPLICATIONS FOR THE PLANNING COMMISSION, THERE IS A YEAR-LONG WHEN YOU CANNOT COME BACK ON ANNEXATION SERVICES . >> SINCE THIS NEW OPTIMAL BOUNDARY -- OR PROPOSED OPTIMAL BOUNDARY -- HAS NOT EVEN BEEN VOTED ON BY THE CITY COUNCIL, I'M GOING TO ASK AGAIN -- I THINK I ASKED MS. LAST MONTH, WHEN YOU PROPOSED THAT TO GO TO THE CITY COUNCIL, SO, THEY CAN MAKE A DECISION TO GIVE US CASES LIKE THIS? >> YES. I GUESS, KIND OF, WE HAVEN'T SCHEDULED THIS YET, BUT IT IS ON THE RADAR THAT THERE WILL BE A WORK SESSION TO ADDRESS THE FUTURE LAND USE PLAN, AND THAT WILL INCLUDE THE CHANGES TO THE OPTIMAL BOUNDARY. IT IS NOT ON THE SCHEDULE YET. IDEALLY, I THINK WE HAVE A SCHEDULE BEFORE SEPTEMBER , AT THAT COUCNIL POSTPONING IT -- THEY POSTPONED THE DECISION ON ANOTHER ANNEXATION UNTIL SEPTEMBER 17TH MEETING. SO, PROBABLY BEFORE THEN. >> YEAH. SO, KNOWING THAT -- >> I WOULD LIKE TO MAKE A MOTION, IF WE COULD -- WITH THE CIRCUMSTANCES PREVAILING RIGHT NOW, I WOULD FORWARD THIS TO THE CITY COUNCIL WITH THE RECOMMENDATION TO DENY ANNEXATION. >> I SECOND THAT . [00:05:03] >> I HAVE A RECOMMENDATION FOR CITY COUNCIL FOR DENIAL, AND A SECOND . ALL THOSE IN FAVOR, PLEASE SAY, AYE. >> I'M SORRY, YES? >> I WOULD LIKE TO SPEAK AGAINST THAT. THAT RECOMMENDATION, THE DENIAL. I THINK THAT THIS IS A SITUATION WHEREBY , YOU KNOW, WE FEEL FAIRLY CERTAIN THAT THE NEW OPTIMAL BOUNDARY WILL BE IMPROVED . I DON'T SEE ANY REASON WHY NOT . STAFF ALSO FEELS CERTAIN THAT IT WILL BE APPROVED. THERE ARE LOTS OF THINGS GOING ON WITH THESE FAMILIES RIGHT NOW, AND I THINK IT IS JUST -- WE ARE REALLY , PRETTY MUCH, I THINK, CUTTING IT, ACTING LIKE WE DON'T HAVE THE OPTION TO ACCEPT THIS AND SAY, I RECOMMENDATION REGARDING THE NEW OPTIMAL BOUNDARY WILL BE ACCEPTED, AND WE SHOULD BE MAKING DECISIONS THAT ARE CONSISTENT WITH THE NEW OPTIMAL BOUNDARY. THAT IS WHAT THE STAFF IS ALSO SENT TO US. SO, PERSONALLY, I JUST THINK THAT, ALSO, OPTIMAL BOUNDARIES ARE A GUIDELINE FOR US. THEY ARE WRITTEN IN STONE , THEY DON'T NECESSARILY MEAN WE CAN'T GO OUTSIDE THE OPTIMAL BOUNDARY. THERE'S PLENTY OF ACCOMMODATIONS OVER THE COURSE OF TIME WHERE WE ACCEPT PROPERTIES OUTSIDE THE OPTIMAL BOUNDARY. SO, I JUST DON'T SEE ANY REASON NOT TO GO AHEAD AND PASS THIS FORWARD FOR APPROVAL. I JUST THINK WE'RE JUST CUTTING HAIRS HERE, WE'RE SPLITTING HAIRS, JUST A LITTLE TOO THIN, YOU KNOW, THAT WE SHOULD MOVE FORWARD WITH THIS WITH APPROVAL. >> I CONCUR WITH COMMISSIONER AISTRUP ON THIS. YOU KNOW, I THINK WE'RE SENDING OF THIS OUR DECISION ON THIS IS NOT FINAL. WE'RE SENDING THIS FOR A FINAL DECISION TO COUNCIL. ALL WE DON'T HAVE GUIDANCE FROM THEM AS TO THE OPTIMAL BOUNDARY, WE WILL HAVE A FINAL DECISION MADE BY THE SAME BODY ON THIS PARTICULAR ITEM , SO, IF WE'RE WAITING ON GUIDANCE TO MAKE A DECISION ON THIS ITEM, WHEN THEY WILL MAKE THE FINAL DECISION, EVENTUALLY, I THINK WE SHOULD SEND IT TO THEM TO MAKE THAT DECISION, AND I AM IN FAVOR OF ADDING THESE, REGARDLESS OF THE OPTIMAL BOUNDARY. >> I UNDERSTAND BOTH OF YOUR POINTS . AT THIS. >>> INTO, I DON'T WISH TO BACK OUT OF THE CAR FIND PLAN . THAT IS WHERE I STAND. IT IS NOT THAT I HAVE ANYTHING AGAINST THE ANNEXATIONS AT ALL. THIS IS WHERE WE ARE AS A CITY. AS A CHAIR, KIND OF PUT MYSELF OUT THERE WITH THAT BACK END. SO, AND I WOULD AGREE. >> CHAIRWOMAN, AS MR. AISTRUP SAID, THIS IS GOING TO THE CITY COUNCIL NO MATTER WHAT. WE HAVE SAID THINGS TO THE CITY COUNCIL BEFORE WITH A UNANIMOUS DENIAL, AND THEY HAVE APPROVED IT OVER WHAT WE HAD RECOMMENDED. SO, I FEEL THE WAY CHAIRWOMAN FEELS . >> REALLY, THAT IS THE WAY IT SHOULD BE WORKING. THAT DECISION AS A CITY COUNCIL, WE ARE HERE, WE ARE A PLANNING BODY. THIS PLAN IS IN PLACE. IT HAS AN OPTIMAL BOUNDARY WHERE IT IS AT NOW. WHEN WE CHANGE THE PLAN, WE HAVE DIFFERENT DECISIONS. I WANT -- THAT IS THE INTEGRITY OF THE PROCESS . THAT IS WHAT I'M KIND OF -- I GUESS -- I WOULD VOTE FOR IN THIS CASE. >> I WOULD SAY THIS, THAT IF IT WAS JUST A MATTER OF APPLYING RULES, THEN THE STAFF DOESN'T NEED THIS, BECAUSE THEY CAN APPLY THE RULES JUST FINE. WE'RE HERE EXERCISE JUDGMENT , THAT IS, YES, THERE'S RULES, BUT MAYBE THE RULES, RIGHT HERE, AREN'T NECESSARILY APPROPRIATE TO BE APPLIED AT THIS PARTICULAR POINT IN TIME . SO, I WOULD SAY, AS A BODY, AS A CITIZEN BODY, OUR JOB IS TO EXERCISE JUDGMENT, AS IN TERMS OF THE APPLICATION OF THE GUIDELINES, IN TERMS OF THE PUBLIC INTEREST, AND I THINK THE PUBLIC INTEREST HERE SUPPORTS THIS. >> LET ME ASK ONE QUESTION TO STAFF , WHICH IS CONCERNING HILLANDALE ROAD, ORLAND HILL DRIVE ITSELF. IS THAT MAINTAINED CURRENTLY BY THE COUNTY? >> YES, IT IS. >> OKAY . WHAT IS GOING TO TRIGGER THAT THE COUNTY IS GOING TO SAY TO THE CITY, WE HAVE TO MAINTAIN IT? >> SO, USUALLY, ANNUALLY -- I MEET WITH THE COUNTY ENGINEER TO LOOK AT NEW ANNEXATIONS -- COUNTY ROADS THAT ARE AFFECTED BY RECENT CITY ANNEXATIONS -- AND TYPICALLY, WHEN WE HAVE THE MAJORITY OF A ROAD ON BOTH SIDES, THEN WE EXTEND THAT FROM THE MAINTENANCE FOR THE COUNTY. THIS ROAD IS ACTUALLY A DIRT ROAD, AND WE OFTEN RECEIVE CONCERNS FROM RESIDENTS THAT LIVE THERE, NOW, ABOUT PAVING THE ROAD. SO FAR, WE HAVE BEEN ABLE TO DEFER TO THE COUNTY. >> OKAY. DO WE HAVE A MOTION IN THE SECOND ON THE TABLE? THAT NEEDS TO BE MOVED FORWARD. IT IS A MOTION FOR DENIAL , BUT TO [00:10:05] MOVE FORWARD TO CITY COUNCIL. IF YOU ARE VOTING TO ACCEPT DENIAL, PLEASE VOTE YES. IF YOU WOULD LIKE TO VOTE OPPOSITE OF THAT, PLEASE VOTE NO. ROLL CALL, PLEASE. >> REES? >> NO. >> CAMP? >> SORRY, YES. >> I COULDN'T HEAR MYSELF TALK. >> ARE YOU READY FOR ME? >> REESE? >> YES. >> DANA CAMP? >> YES. >> CHANSLER? >> YES. >> WISDOM? >> NO. >> BIRMINGHAM? >> YES. >> AISTRUP? >> NO. >> STEVENS? [2. Annexation - Simonton Annexation AX-2024-016 ] >> YES . >> MARGARET DAVIS? >> YES. >> THANK YOU ALL. WE'LL MOVE ON TO THE NEXT ANNEXATION. >> YUP. SO, SIMILAR SITUATION. A RECOMMENDATION TO PLANNING COMMISSION FOR ANNEXATION OF APPROXIMATELY 5.2 ACRES ON 812 WINTERHAWK. RECOGNITION FOR APPROVAL TO CITY COUNCIL. SIMILAR SITUATION, WHERE THEY ARE APPLYING FOR ANNEXATION, BUT CURRENTLY OUTSIDE OF THE EXISTING BOUNDARY, AND I GUESS, THE ONLY DIFFERENCE BETWEEN THIS AND THE LAST ONE IS THAT, HILLANDALE DRY WOULD BE A FULL ON ADDITION TO THE OPTIMAL BOUNDARY, I GUESS, AND HAS HAD OTHER ANNEXATIONS COME INTO THE CITY FROM OUTSIDE OF IT. THIS ONE WHERE WAS THIS WAS A SINGLE THE NEIGHBORHOOD, UP THE DRIVE, AND THE CURRENT OPTIMAL BOUNDARY JUST KIND OF GOES THROUGH THE NEIGHBORHOOD, INSTEAD OF KIND OF INCLUDING ALL OF IT. THE OPTIMAL BOUNDARY UPDATE INCLUDES ALL OF THE LOTS ON TRAN 25, THAT TAKE ACCESS OFF OF WINTERHAWK AND NOT OFF OF 22ND. IF YOU WANT TO GO TO THE NEXT LINE. YEAH. JUST GO BACK ONE. THERE WE GO. SO, THERE'S THAT. TURN IT OVER TO YOU FOR ANY QUESTIONS. >> THANK YOU. COMMISSIONERS? >> DO YOU REMEMBER THE CONDITIONS FOR BRINGING THOSE TWO LOTS THEMSELVES FOR THE OPTIMAL BOUNDARY? >> YEAH. SO, YEAH. THIS ACTUALLY ISN'T A GREAT MAP. I GUESS, THE TWO LOTS AREN'T ACTUALLY -- I DON'T THINK THEY'RE ACTUALLY IN THE CITY LIMITS, BUT THE OPTIMAL BOUNDARY -- IT IS REALLY, REALLY ODD -- SOMEPLACE WHERE THE MAP WENT -- THAT IS ONE OF THE THINGS THAT I WAS MENTIONING, LIKE THIS IS ONE OF THE CORRECTIONS ON THE PROPOSED CHANGES, JUST BECAUSE, NORMALLY, IF WE ARE GOING TO INCLUDE A NEIGHBORHOOD, WE SHOULDN'T INCLUDE ALL THE NEIGHBORHOODS. WE SHOULDN'T JUST GO THROUGH A NEIGHBORHOOD. I THINK THAT WAS ON THE CORRECTIONS, AND I THINK IT REALLY MAKES SENSE. >> OKAY. >> I MOVED TO APPROVE. >> SECOND. >> I HAVE A MOTION AND A SECOND FOR APPROVAL. MOVE FORWARD TO CITY COUNCIL. >> ROLL CALL, PLEASE. REESE? >> NO. >> DANA CAMP? >> NO. >> JENSEN? >> NO. >> DAVID WISDOM? >> YES. >> WENDY BIRMINGHAM? [3. Annexation - Sheppard Annexation AX-2024-017 ] >> NO. >> JOSEPH AISTRUP? >> NO . >> DAVIS? >> NO. >> STEVENS? >> NO . >> THANK YOU. THE LAST OF BUSINESS, SHEPPARD ANNEXATION. >> YEAH. THIS IS A RECOGNITION TO CITY COUNCIL FOR AN ANNEXATION OF APPROXIMATELY 3 ACRES, GENERAL LOCATION, ALSO ON WINTERHAWK DRIVE, SIMILARLY, PROPERTY IMMEDIATELY ADJACENT TO THIS ONE. I WILL SLIDE TO THE EAST. YEP. WE ARE ANNEXING IT INTO THE CITY, SIMILAR THING, 261 LEE ROAD, OPPOSED OPTIMAL BOUNDARY UPDATE. WITH THAT, TURN IT OVER TO YOU FOR ANY QUESTIONS. >> I MOVED TO APPROVE. >> SECOND. >> I HAVE A MOTION AND A SECOND. ROLL CALL, PLEASE. >> REESE? >> NO. >> CAMP? >> NO. >> CHANSLER? >> NO. >> WISDOM? >> NO. >> BIRMINGHAM? >> NO . >> AISTRUP? >> YES. >> STEVENS? [CONSENT AGENDA ] >> YES. >> DAVIS? >> NO. >> THANK YOU. WE WILL NOW MOVE TO THE CONSENT AGENDA, AND I NEED A MOTION, PLEASE, TO REMOVE THE MITCHELL FARMS ANNEXATION FROM THE CONSENT AGENDA . >> SO MOVED. [00:15:03] >> MAYBE A SECOND. >> OKAY. YEAH. WE NEED A SECOND. >> SECOND. >> TANKS. >> YEAH -- >> IT HAS THE -- I'M SORRY. >> YEAH. SO, THE MITCHELL FARMS ANNEXATION DOES HAVE OTHER BUSINESS ON THE AGENDA. SO, YEAH. SINCE IT HAS OTHER BUSINESS ON THE AGENDA, WE WILL TAKE IT FROM THERE. >> OKAY. SO, I HAVE A MOTION AND SECOND TO REMOVE MITCHELL FARMS FROM THE CONSENT AGENDA. ALL THOSE IN FAVOR? >> AYE. >> AYE. >> ANY OPPOSED? THANK YOU. >> MOVED TO APPROVE THE CONSENT AGENDA. >> SECOND. >> THANK YOU. WITH REGULAR MEETING MINUTES AND MINUTES FROM JULY, ALL THOSE IN FAVOR? [4. Annexation - Mitchell Farms AX-2024-020 ] >> AYE. >> AYE. >> AYE. >> ANY OPPOSED? THANK YOU. MITCHELL FARMS ANNEXATION REQUESTS. >> GOOD EVENING. THIS REQUEST IS FOR AN ANNEXATION OF APPROXIMATELY 127.32 ACRES, PROPERTY LOCATED ON LEE ROAD, WONDERS 26, COMMONLY KNOWN AS MOORESVILLE ROAD, APPROXIMATELY 1/2-MILE EAST OF SOCIETAL ROAD. THE PRETTY IS CONTIGUOUS TO THE CITY ON ITS NORTHWEST WARNER. THE PROPERTY THAT IT IS CONTIGUOUS TO HIS CITY-OWNED PROPERTY HERE, AT THE CORNER OF MOORESVILLE AND SOCIETY HILL THIS PROPERTY, SHOWN ON THE 2018 PARKS AND RECREATION AND CULTURAL MASTER PLAN , AS A PROPOSED PARK , THE POVERTY IS LOCATED WITHIN THE OPTIMAL BOUNDARY ON THE EASTERN EDGE, AND IS ALSO WITHIN THE LAKE WATER SAID -- COME IN WITH A RURAL ZONING DESIGNATION, REALLY WITH A CONSERVATION OVERLAY , WHICH DOES REQUIRE FOR CONVENTIONAL SUBDIVISION S, 40-ACRE LOT MEMO . THE SUBJECT PROPERTY IS SHOWN HERE , IN PINK. IT IS IN THE PROCESS OF BEING SUBDIVIDED FROM A LARGER 338-ACRE PARCEL . AGAIN, THE SUBJECT PROPERTY IS APPROXIMATELY 127 ACRES. THE APPLICANT HAS SUBMITTED A PRELIMINARY PLAT REQUEST TO SUBDIVIDE THE SUBJECT PROPERTY INTO 31 RESIDENTIAL LOTS . ENGINEERING SERVICES ESTIMATES THIS WOULD GENERATE ABOUT 310 VEHICULAR TRIPS PER DAY , AND A TRAFFIC STUDY WOULD BE REQUIRED FOR THAT PRELIMINARY PLAT. ANOTHER THING, FOR THE EMISSION, LEE COUNTY PLANS TO CONSTRUCT AND OPEN A ROUNDABOUT HERE AT THE INTERSECTION OF MOORESVILLE AND SOCIETY HILL NEXT YEAR AND CALENDAR YEAR 2025. AND, STAFF RECOMMENDS APPROVAL . CITY COUNCIL, WE DO RECOMMEND THAT YOU CONDITION THE EMOTION -- A MOTION -- OF APPROVAL -- UP ON THE ANNEXATION NOT BEING APPROVED UNTIL A DEVELOPMENT AGREEMENT IS IN PLACE. THAT WOULD BE COORDINATED WITH CITY COUNCIL. >> THANK YOU. AGAIN, ANNEXATION DOES NOT REQUIRE PUBLIC HEARING. COMMISSIONERS, DISCUSSION, MOTIONS? QUESTIONS? >> MOVE TO IMPROVE CASE AX-2024-020, FORWARD TO CITY COUNCIL WITH THE DEVELOPMENT AGREEMENT BEING IN PLACE AS A CONDITION FOR THE PROPERTY. >> SECOND. >> I HAVE A MOTION AND A 2ND.ALL THOSE IN FAVOR? >> AYE. >> AYE. >> AYE. >> ANY OPPOSED? THANK YOU. THIS [5. Preliminary Plat - Adare - PUBLIC HEARING PP-2024-033 ] NEXT REQUEST IS FOR PRELIMINARY PLAT APPROVAL FOR THE SUBJECT PROPERTY YOU JUST RECOMMENDED THAT ANNEX. THE PLAT WILL SUBDIVIDE THE PROPERTY INTO 33 LOTS. 31 OF WHICH ARE SINGLE-FAMILY RESIDENTIAL LOTS, AND TWO OPEN-SPACE LOTS. THE APPROXIMATE MAP HERE JUST SHOWS THE LOCATION OF THE PROPERTY WITHIN ITS LOCATION TO THE CITY LIMITS. THE LUMINARY PLANT, HERE, AND 31 RESIDENTIAL LOTS, THE PLAT SHOWS FIVE NEW PUBLIC STREETS, THREE OF WHICH STUB OUT TO THE PROPERTY TO THE NORTH, THE REMAINING 210 ACRES THAT THE SUBJECT PROPERTY IS BEING SUBDIVIDED FROM. STAFF RECOMMENDS APPROVAL WITH MINOR COMMENTS , AND HAPPY TO ANSWER ANY QUESTIONS. >> THANK YOU. PRELIMINARY PLAT DOES REQUIRE PUBLIC HEARING. I WOULD LIKE TO OPEN THAT AT THIS TIME. WE WOULD LIKE TO SPEAK ABOUT THIS PROJECT? SEEING NO ONE, I WILL CLOSE THE PUBLIC [00:20:01] HEARING, COMMISSIONERS. I'M SORRY. I WILL REOPEN IT. PLEASE COME FORWARD. >> CAN'T WAIT -- I LIVE AT LEE ROAD , 820 IN THE COUNTY, AND I AM JUST CONCERNED ABOUT THE TRAFFIC THAT THIS COULD CAUSE WE HAVE A LOT OF TRAFFIC NOON, ARRIVING, AND UNDERSTAND THERE WILL BE A TRAFFIC STUDY, AND AT SOME FOUR, THE COUNTY ENGINEER WILL BE INVOLVED, BUT I KNOW WANTED 46 IS A COUNTY ROAD, SO, BUT , THIS IS GOING TO BE CITY SUBDIVISION. SO, I HAD CONCERNS ABOUT THAT. >> OKAY, AND YOUR NAME AND ADDRESS PLEASE? >> BECKY L. 210, LEE ROAD, 820. >> 820. OKAY. THANK YOU. >> YEAH. >> MAN, I'M SORRY, IF YOU WILL, PLEASE, SIGN IN WHEN YOU GET A CHANCE, RIGHT HERE, AT THE FRONT TABLE. YES? >> JOHN SOPHOCLES, 530 LEE ROAD, 115. I'M GOING TO ADDRESS HER CONCERNS. I HAVE SOME ASPECT OF COMING BACK TO TEACH AFTER FIVE YEARS OF RETIREMENT AT AUBURN UNIVERSITY. TO HAVE THAT SORT OF TRAFFIC ALL ADDED GOING IN AND DOWN MOORESVILLE ROAD IS JUST ANOTHER ADDED DISCOURAGEMENT. CERTAINLY, I APPRECIATE AUBURN WANTING TO BUILD WITHIN AUBURN -- THE COUNTY FOLKS -- BEGINNING TO FEEL A LITTLE BIT TOO DEPRESSED. THANK YOU FOR YOUR TIME. >> THANK YOU. PLEASE -- YES, MA'AM? >> MY NAME IS MAUREEN DAWN, AND I JUST WANT TO REITERATE WHAT THE OTHER TWO SPEAKERS SAID, LEE ROAD 820. THERE'S SO MUCH TRAFFIC RIGHT NOW COMING OUT OF AUBURN AT CERTAIN TIMES, AND GOING INTO AUBURN AT CERTAIN TIMES, THAT THAT IS A PROBLEM IN AND OF ITSELF, AND TO ADD MORE IS A REAL, REAL CONCERN. ALSO AM CONCERNED ABOUT THE NOISE LEVEL IF THEY ARE REMOVING TREES AND SUCH , AND THE GENERAL POLLUTION. SO, I HOPE YOU GIVE A SERIOUS CONSIDERATION TO THINK ABOUT THE PEOPLE THERE. THANK YOU. >> THANK YOU. ANYONE ELSE? OKAY. SEEING NO ONE, I WILL CLOSE THE PUBLIC HEARING. I HAVE A QUESTION. THERE WAS A NOTE ABOUT WHAT 7 AND 11. RIGHT? SO, LOT 7 IS NOT SIZED RIGHT? >> I MADE THE COMMENT TO CONSIDER RECONFIGURING THOSE TWO LOTS JUST TO REMOVE THE PORTION OF THE HAZARDOUS LIQUID PIPELINE RUNNING FROM EAST-TO-WEST OR WEST-TO-EAST ACROSS THE PROPERTY, TO REMOVE THAT PORTION FROM THE LOT BOUNDARY. >> OKAY. >> I DON'T KNOW IF IT IS ACTUALLY REQUIRED, BUT I WOULD THINK A -- >> IT LOOKS LIKE IT IS ON THE OTHER ONES THOUGH. >> RIGHT. >> OKAY. ON 8, 9 AND 10. OKAY. THAT IS WHY I WAS ASKING THAT . >> BEFORE WE PROCEED, COULD WE HAVE THE APPLICANT'S REPRESENTATIVE COME UP AND SPEAK TO US, FIRST OF ALL? WE HEARD THREE CITIZENS VOICE CONCERNS ABOUT TRAFFIC , AND MAYBE THEY HAVE ALREADY HAD A MEETING WITH THE COUNTY. THEY COULD LET US KNOW . >> YEAH. I MEAN, WE HAVE MET WITH THE COUNTY. THEY'RE GOING TO DO A ROUNDABOUT IMPROVEMENT PROJECT THERE TO FIX A LOT OF THE TRAFFIC THERE IT IS SUPPOSED TO BE CONSTRUCTED IN 2015-2025, AND IN OPERATION THROUGH 2026. YOU KNOW, THEY WILL HAVE REQUIRED TURN LANES FOR INGRESS AND EGRESS , YOU KNOW, TO WIDEN THE ROAD FOR A LEFT TURN LANE, BUT, YOU KNOW, IN THE GRAND SCHEME OF THINGS, NOT MUCH TRAFFIC THAT WE ARE TALKING ABOUT HERE. YOU KNOW, REGARDLESS TO PEAK HOUR MOVEMENT, IT IS VERY -- INAUDIBLE ] NOT TOO CONCERNED ABOUT THE TRAFFIC THERE. IN THE INTERSECTION -- MOORESVILLE -- BUT I THINK THE COUNTY IS COMMITTED THAT THAT IS FUNDED IN '25 TO BE CONSTRUCTED. I THINK THAT IS PART OF OUR DEPARTMENT AGREEMENT, IN REGARDS TO WHEN HOUSES WILL BE DELIVERED THAT ACTUALLY IMPACT THE ROADWAY .YOU KNOW? SO, ESSENTIALLY, WE WON'T HAVE PEOPLE OCCUPYING THESE HOUSES UNTIL THE ROUNDABOUT IMPROVEMENT ARE COMPLETED. YOU KNOW? YOU CAN ONLY HAVE SO MANY MORE OF THEM. SO -- >> LET ME ASK THIS THEN. I KNOW, DURING THE SECOND MEETING, WE HAD TALKED ABOUT THE DEVELOPMENT TIMELINE OF THIS NEIGHBORHOOD . WHEN DO YOU SEE BUILDOUT ON THIS [00:25:03] NEIGHBORHOOD? >> THESE ARE GOING TO BE CUSTOM HOMES. YOU ARE TALKING ABOUT, YOU KNOW, PROBABLY A 15 OR 20-MONTH TIMELINE FOR EACH HOUSE FOR EDIFICATION TO ACTUALLY FULLY BILLED WITH SOMEBODY OCCUPYING, AND WITH THIS MINI LOTS, YOU KNOW, THERE'S GOING TO BE THREE ELDERS IN HERE. PROBABLY EACH HAVE A MAX CAPACITY, IN REALITY, IF THEY ALL DID FIVE HOMES A YEAR , I THINK THEY WOULD ALL BE EXCITED, AND MY CLIENT WOULD BE ECSTATIC , BUT I DON'T THINK IT WOULD TRULY BE ABLE TO IS UGLY BE DONE THAT QUICKLY. SO, YOU KNOW, 30 LIKE THIS? IT WOULD PROBABLY BE, YOU KNOW, BY THE TIME WE ACTUALLY ARE ABLE TO START BUILDING HOUSES, IT IS GOING TO BE LATE -2025, AND BY THE TIME PEOPLE OCCUPYING THESE HOUSES, IT WILL PROBABLY BE 27-28-29, YOU KNOW, PLANNED OUT FOR '30. THESE HOMES IN HERE -- THESE ARE LARGE 3-ACRE LOT. MOST OF THESE HOMES IN HERE , PROBABLY STARTING OVER $1 MILLION . THEY'RE GOING TO BE -- IT IS GOING TO BE A SLOW BURN.THIS ISN'T A TRACK ON THE LID, DELIVERING 50 AND 60 LOTS A YEAR THAT IS NOT THIS TYPE OF DEVELOPMENT. SO, NO PROBLEM. >> THANK YOU. I WOULD LIKE TO ASK A LITTLE OFFICE ASKED THE CITY ENGINEER -- KIND OF GIVE US A LITTLE BIT OF AN OVERVIEW OF -- MY IS THAT THIS CITY PAYS ATTENTION TO GROWTH AND TRAFFIC, AND AS THINGS ARE COMING ALONG, PAY ATTENTION. THEY'RE TRYING TO MAKE SURE THAT WE HAVE GOOD -- YOU KNOW -- ROADS THAT CAN CARRY THE VOLUME OF TRAFFIC AS A COMES ALONG. SO, THERE'S A PROCESS OUT THERE. THERE'S THINGS THAT HAPPEN TO MAKE THIS WORK. SO, CAN YOU COME AND GIVE US AN OVERVIEW? WHEN PEOPLE SIT BACK AND SAY, THEY'RE BUILDING ALL THESE HOUSES NEXT TO ME, SO MUCH TRAFFIC.YOU ARE GOING TO THINK THE SAME THING. RIGHT? BUT WHEN YOU'RE LOOKING AT CERTAIN THINGS TO HAPPEN, SO THAT YOU MITIGATE THAT PROBLEM -- >> TO THE EXTENT WE CAN, WE PLAN AHEAD. WE HAVE A MAJOR STREET PLAN . IN THIS CASE, WE WORK CLOSELY WITH THE COUNTY ON ROADS AS ANNEXATIONS HAPPEN. AGAIN, WE EVALUATE THOSE WITH THE COUNTY TO SEE IF WE NEED TO TAKE OVER THE MAINTENANCE OF THOSE ROADS, IF THE ROADS HAVE SUFFICIENT CAPACITY, BUT LIKE MOORESVILLE ROAD WOULD HAVE CAPACITY BASED ON A TWO-LANE ROAD CONFIGURATION, BASED ON THE GUIDELINES THAT WE USE FOR TRAFFIC ENGINEERING, IT MAY SEEM THAT THERE IS INSUFFICIENT CAPACITY , JUST BECAUSE IT IS BUSY, BUT IT MAY BE MEETING OUR GUIDELINES. SO, SOMETIMES, TRAFFIC DECEPTIONS DON'T NECESSARILY ALIGN WITH THE DATA THAT WE USE, BUT WE DO LOOK AT THINGS FROM A REGIONAL STANDPOINT , AS THE DEPARTMENT COME IN. SOME ARE REQUIRED TO HAVE TRAFFIC IMPACT STUDIES, AND THEY ARE ALSO REQUIRED TO MITIGATE THOSE IMPACTS IN MOST CASES. >> AND THERE IS GOING TO BE A TRAFFIC STUDY ON THIS PARTICULAR -- >> YES. >> OKAY. >> YES. >> THANKS. >> COMMISSIONERS QUESTIONS? ANY DISCUSSION? MOTIONS? >> I WILL MOVE TO APPROVE. >> I HAVE THE PUBLIC HEARING IS CLOSED. I'M SORRY. >> I MOVED TO APPROVE CASE PP-2024-033, SUBDIVISION . >> SECOND. >> I HAVE A MOTION IN THE SECOND. ANY OPPOSED? ALL IN [6. Conditional Use - Auburn Icehouse - PUBLIC HEARING CU-2024-020] FAVOR? >> AYE. >> AYE. >> AYE. >> THANK YOU. NEXT, WE HAVE CONDITIONAL USE. >> THIS IS A REQUEST FOR COMMISSION'S APPROVAL OF THE ROAD SERVICE USE, SPECIFICALLY, AN ICE BENDING MACHINE TO BE LOCATED AT 450 OPELIKA ROTATED -- ROAD -- LOCATED IN THE QUARTER REDEVELOPING URBAN DISTRICT, WHICH THE PROPERTY IS EAST OF CROSS STREET, RIGHT HERE, AND WEST OF THIS. THE FUTURE LAND USE PROPERTY IS MIXED-USE TWO, WHICH IS DEFINED IN OUR COMP PLAN 2030 , INTENDED FOR A TRANSITION FROM DOWNTOWN TO MORE SUBURBAN CHARACTER USES, MIXED RETAIL, ADAPTIVE REUSE , AND HORIZONTAL /MIXED-USE. THE SITE CURRENTLY IS MOSTLY PAVED ASPHALT FROM A PREVIOUS ELEMENT THAT HAS SINCE GONE AWAY. THE PROPERTY SITS VACANT , AND THE APPLICANT IS PROPOSING TO PLACE A 200-SQUARE-FOOT SELF-SERVICE ICE BENDING MACHINE ON THE PROPERTY. WE ARE NOT AWARE OF ANY INTENSE REDEVELOPMENT OF THIS LOT BESIDES THAT, AND WE ARE RECOMMENDING DENIAL BASED ON INCOMPATIBILITY WITH THE [00:30:03] FUTURE LAND USE PLAN. AGAIN, THE PLAN CALLS FOR MORE MIXED-USE, RETAIL, TRADITIONAL RETAIL USES, AND WITHIN THE RENEWAL PLANT ROAD PLAN, I BELIEVE THIS IS PHASE FIVE IN WHICH WE WOULD ALSO WANT TO SEE MORE REDEVELOPMENT . THE CITY HAS REQUIREMENTS ALONG THE ROADWAY, BUT DISREGARDS TO THE SITE AS A WHOLE . I WOULD BE HAPPY TO ANSWER ANY SPECIFIC QUESTIONS. >> I HAVE A BUNCH OF QUESTIONS. WHAT WOULD BE THE ZONING THAT WOULD BE APPROPRIATE TO ALLOW THIS? >> SO, IT WOULD BE S ALONG OPELIKA ROAD, FOR THE DOWN, PAST DEAN. ALL OF THE ROAD SERVICE USES ARE PERMITTED RIGHT. AND SO, THAT WOULD BE THE MOST APPLICABLE . >> OKAY. THAT IS IS FURTHER DOWN THE ROAD? >> YES. >> OKAY. >> THANK YOU. >> THANK YOU. THIS DOES REQUIRE A PUBLIC HEARING. IF ANYONE WOULD LIKE TO COME FORWARD TO SPEAK ABOUT CONDITIONAL USE ITEM AT HAND? YES? CAN YOU COME FORWARD PLEASE? >> HI. MY NAME IS JIMMY ADAMS WITH THE GROUP. I DON'T KNOW IF THIS IS THE APPROPRIATE PLACE FOR ME TO TALK TO YOU ABOUT THE APPROVAL OF THE ICEHOUSE . >> ARE YOU THE APPLICANT? >> I AM THE APPLICANT. >> GREAT. THIS IS THE PUBLIC HEARING. >> OKAY. >> YOU CAN SPEAK AT ANY TIME. BUT IF YOU WANT ME TO GET THROUGH THE PUBLIC HEARING, YOU CAN COME BACK UP. >> I WILL WAIT UNTIL YOU COME BACK . >> SO, I WOULD GO FAR. NOT SEEING A BARRAGE OF HERE. IS THERE ANYONE WHO WOULD LIKE TO SPEAK ON THIS AGENDA ITEM? SEEING NO ONE, I WILL CLOSE THE PUBLIC HEARING. YES, SIR? >> HYPER JIMMY ADAMS WITH THE GROUP. THIS IS GOING TO BE OUR SECOND ICEHOUSE THAT WE HAVE IN AUBURN, AND THE ONE WE HAVE NOW IS ON SUGAR JAR AT THE EXXON, TIGERS DALE. HAD GREAT SUCCESS WITH THESE. WE DID HAVE THIS PARTICULAR MACHINE THAT WE ARE GOING TO WANT TO MOVE BACK AT THE BOWLING ALLEY, BUT THAT PROPERTY GOT SOLD, AND WE HAD TO VACATE THE LOT. SO, IN REGARDS TO THE PROPERTY, THAT IS INTERESTING YOU SAID, FURTHER DOWN. AS YOU GUYS KNOW, OPELIKA ROAD, GO FIND A LOT YOU CAN PLACE ONE OF THESE, YOU KNOW, AND HAVE THE INGRESS/EGRESS YOU NEED AND ALL OF THAT.IT IS TOUGH. THIS PARTICULAR LOT, WE FOUND IT WAS VACANT, AND THE LADY THAT OWNS IT IS JUST OUTSIDE OF MONTGOMERY, AND WE APPROACHED HER, AND SHE WAS ECSTATIC , LIKE, THIS IS JUST BEEN SITTING HERE FOR SO LONG. WE HAVEN'T HAD ANYTHING TO DO WITH IT. I THINK THIS WOULD BE A PERFECT PLACE, BECAUSE THEY ARE GOING TO WANT TO SELL THE PROPERTY -- THEIR FATHER BUT YEARS AGO -- SO THEY'RE TRYING TO USE THE PROPERTY, GET SOMETHING OUT OF IT WITHOUT HAVING TO SELL IT OR DO SOMETHING DIFFERENT THAN THEIR FATHER'S WISHES. IT IS OUR INTEREST THAT WE CAN PROVIDE A ICEHOUSE -- INAUDIBLE ] -- AND FEEL LIKE OPELIKA IS A GREAT BID SO, ANY QUESTIONS? >> MISSIONERS FOR APPLICANT? COMMISSIONERS? I MAKE A MOTION -- >> I WANTED TO MAKE A MOTION TO FORWARD TO THE CITY COUNCIL WITH THE CONDITION FOR DENIAL BASED ON THE INCOMPATIBILITY WITH THE FUTURE LAND USE PLAN. >> SECOND. >> I HAVE A MOTION AND A SECOND. ANY FURTHER DISCUSSION? OKAY. SEEING NONE, MOTION AND SECOND. ALL THOSE IN FAVOR FOR DENIAL, MOVING TO CITY COUNCIL? >> AYE. >> AYE. >> AYE. >> OKAY. CAN WE DO A ROLL CALL, PLEASE? REESE? >> YES. >> CAMP? >> YES. >> AISTRUP? >> YES. >> BIRMINGHAM? >> YES. >> STEVENS? >> YES. [7. Waiver - Proposed West Pace Village Plat No. 1-B (Lot 6-A) WZ-2024-008 ] >> DAVIS? >> YES. >> THANK YOU. NEXT ITEM, A WAIVER -- >> HI, EVERYONE. THIS IS A REQUEST FOR A WAIVER FROM SECTION 4 OF THE SUBDIVISION REGULATIONS THAT DOES NOT ALLOW SUBDIVISION, HOWEVER, WITHOUT A PUBLIC STREET. THE PROPOSED SUBDIVISION IS LOCATED AT THE LOT 6 FOR THE SUBDIVISION. THE CURRENT ZONING OF THE PROPERTY IS A COMPREHENSIVE DEVELOPMENT DISTRICT WITH PLANNED DEVELOPMENT DISTRICT OVERLAY . LOT 6 OF THE WASTE VILLAGE IS AN EXISTING LOT IN REGARDS TO [00:35:06] APPROXIMATELY 50 ACRES IN SIZE. THE LOT HAS FRONTAGE ON SHELTER PARKWAY IN THE SOUTH. THAT IS AN EXTREME, AND THREE PRIVATE STREETS, THE U.S. BOULEVARD WAS CREEK PARKWAY AND THE WATER BOULEVARD. THE APPLICANT WISHES TO SUBDIVIDE A NORTHWEST CORNER OF THE PUBLIC PROPERTY, CREATING A SMALLER LOT OF AROUND 40.8 ACRES, AND A BIGGER LOT OF 2 TO 3.2 ACRES. THE WAIVER WOULD ALLOW THE MODERN LOT, 6' A, TO HAVE A PRIVATE ACCESS , RIGHT-OF-WAY 60-FEET WIDE AND WEST BASE BOULEVARD, AND OTHER PRIVATE ACTORS RIGHT-OF-WAY WITH VARYING WIDTH. THERE ARE TWO EXISTING HOTELS NORTHWEST TO THE JUNCTION OF WEST STREET PERIOD AND WEST PEST BOULEVARD. THESE TWO LOCATIONS FOR THESE TWO HOTELS ALREADY EXIST. THE PROPOSED LAND-USE FOR LOT 6' A , ALSO A HOTEL. STAFF SUPPORTS THE WAIVER REQUEST AS THE RABBIT RIGHTS HAVE A GREATER THAN RATE OF 1.62 FEET, DOES NOT HINDER EMERGENCY VEHICLE ACCESS, A FIRE HYDRANT CLOSE TO THE PROPERTY, RIGHT AT THIS CORNER , AND THE PROPOSED LAND-USE FOR A HOTEL IS IN CONFORMITY WITH THE EXISTING AND FUTURE LAND USE. THANK YOU. >> THANK YOU. QUESTIONS? >> THIS WAIVER DOES NOT REQUIRE PUBLIC HEARING. COMMISSIONERS? >> I WILL MOVE TO IMPROVE CASE WZ-2024-008, WEST PACE . >> SECOND. >> MOTION AND A SECOND ALL IN [8. Waiver - Smalls Sliders (Appeal of Waiver Denial) – PUBLIC HEARING WZ-2024-009] FAVOR? >> AYE. >> AYE. >> AYE. >> ANY OPPOSED? THANK YOU. SMALLS SLIDERS. HIGH. >> HI. THIS IS AN APPEAL TO A WAIVER REQUEST DENIAL FOR THE SMALL SLIDERS DEVELOPED LOCATED AT 1251 OPELIKA ROAD. OUR DESIGN FOR CONSTRUCTION MANUAL REQUIRES TURN LANES BE INSTALLED FOR ANY APPROVED ACCESS POINTS ALONG COLLECTORS ROUTE 2 ROADWAYS WITH OPELIKA, AN INTERIOR ROADWAY. THEY CEMENTED A REQUEST TO GET RELIEF FROM THAT REQUIREMENT, AND IT WAS DENIED. SO, NOW THEY'RE APPEALING IT. THE REQUEST AND THE CITY'S RESPONSE LETTER INCLUDED IN THE PACKET , LET ME KNOW IF YOU HAVE ANY QUESTIONS. >> IT DOES APPEAR THAT THIS WAIVER REQUIRES A PUBLIC HEARING. >> >> OKAY. ALL RIGHT. I GUESS IT DOES NOT REQUIRE A PUBLIC HEARING. IS JUST RIGHT THERE. OKAY. SO, NO PUBLIC HEARING. QUESTIONS? >> STAFF, APPLICANT? >> GOOD EVENING. GROUP. OUR PLAN IS TO TEAR DOWN THIS RESTAURANT AND REPLACE IT WITH AN 800-SQUARE-FOOT RESTAURANT. THE DRIVE THROUGH -- ALONG THIS PORTION OF OPELIKA ROAD IS WHERE THE OPELIKA ROAD MOVEMENTS HAVE BEEN COMPLETED . YOU KNOW, I FEEL LIKE THE IMPROVEMENTS LOOK GREAT , AND ARE FUNCTIONING LIKE THEY'RE SUPPOSED TO. I FEEL LIKE IF YOU DRIVE THROUGH THAT SECTION OF OPELIKA ROAD, YOU SLOW DOWN, AND YOU ARE IN THE MEDIAN, THEN YOU HIT THE GAS , AND YOU GET OUT OF THE MEDIAN, THEN BACK TO THIS WAS EILEEN SECTIONS. SO, I THINK THE IMPROVEMENTS ARE WORKING WELL THROUGH THERE. IF YOU ARE HELPING CONTROLLING THE SPEED, AS WELL AS, YOU KNOW, THERE'S -- REDUCE THE NUMBER OF CRASHES AND THOSE TYPES OF THINGS. I THINK WE'RE SEEING IMPROVEMENTS THERE. YOU KNOW, AS PART OF THIS PROJECT, AND AS PART OF THE OPELIKA ROAD IMPROVEMENTS, THE WHOLE GOAL IS FOR THAT QUARTER TO BE REDEVELOPED . IF WE WERE TO JUST REMODEL THE 3000 SQUARE-FOOT BUILDING AS IS , YOU KNOW, WE WOULDN'T BE HERE. WE WILL BE ABLE TO KEEP OUR CURRENT CUTS. RIGHT? THE REASON WHY WE ARE HERE IS BECAUSE WE ARE TEARING DOWN THE BUILDING, REDEVELOPING THE PROPERTY, AND THAT TRIGGERS THE CURRENT REGULATIONS TO BE IMPLEMENTED. YOU KNOW? I REFER TO IT AS PUTTING LIPSTICK ON A PIG. WE'RE NOT HERE -- YOU KNOW -- I DON'T THINK THE CITY HAS INVESTED ALL THESE MILLIONS OF DOLLARS IN ROAD IMPROVEMENTS TO REMODEL BUILDINGS. I THINK THEY'RE TRYING TO ENCOURAGE THE DEVELOPMENT, TEARDOWN, AND REBUILD THOSE THINGS. AND SO, WHAT IS TRIGGERING US, THE STERN LENGTH REQUIREMENT, IS THE ROAD CLASSIFICATION IS AN [00:40:01] ARTERIAL, AND THE CITY'S TURN LANE -- AND THE CITY'S REQUIREMENTS -- ESSENTIALLY -- THE WAY THE MANUAL IS WRITTEN NOW -- AND INTERPRETED -- IS THAT IF THE ROAD IS CLASSIFIED AS A COLLECTOR AND ARTERIAL, TURN LANES ARE REQUIRED. RIGHT? AND SO, IN OUR PARTICULAR SITUATION, HERE, -- GO BACK ONE MORE -- IN OUR SITUATION HERE , THERE'S NOT ENOUGH ROOM FOR US TO CONSTRUCT IMPROVEMENTS, AND IN THIS PARTICULAR SECTION, THERE'S A BUNCH OF SMALL PARCEL DEVELOPMENTS THAT ARE CURRENTLY OCCUPIED . ACROSS THE STREET, THERE'S LARGE PARCELS ASSEMBLED WITH LARGE TO ELEMENTS THAT HAVE A LOT MORE ROAD FRONTAGE TO CONSTRUCT IMPROVEMENTS, AND TURN LANES, AND THESE TYPES OF THINGS. SO, ON OURS, FOR US TO INSTALL A TURN LANE, WE WOULD HAVE TO INSTALL THE TURN LANE ON SOMEONE ELSE'S PROPERTY. SO, THAT WOULD REQUIRE PERMISSION, WHETHER THAT IS PURCHASING AN EASEMENT, PURCHASING RIGHT-OF-WAY, TO PUT THAT DECELERATION LANE ON THAT PROPERTY. AND SO , I WILL SHOW YOU THE PLAN HERE IN A MINUTE AND JUST TALK THROUGH YOU -- BUT THERE'S THREE OPTIONS THAT ARE OUT THERE -- OPTION ONE, DENY THE WAIVER, AND OUR PROJECT DIES, GOES AWAY. THIS IS A NEW TO MARKET TENANT THAT WOULD BE THE FIRST IN ALABAMA, AND THIS WAS THE FIRST CITY TO SELECT IT TO GO IN. SO, THAT WOULD BE UNFORTUNATE. SECOND WOULD BE TO IMPROVE THE WAIVER. RIGHT? THE THIRD WITH ME, TO APPROVE THE WAIVER WITH THE CONDITION THAT WE HAVE OUR EQUITABLE SHARE FOR A FUTURE TURN LANE IMPROVEMENT ONCE THE SITE NEXT DOOR REDEVELOPED, OR ONCE THE CITY DEVELOPS , YOU KNOW, A FUTURE COMPREHENSIVE ACCESS MANAGEMENT PLAN. CURRENTLY, RIGHT NOW, IT IS KIND OF LIKE A FREE-FOR-ALL, FIRST ONE IN IS THERE. TO BE HONEST WITH YOU, IT IS HARD TO CREATE A PLAN, BECAUSE YOU DON'T KNOW WHICH PARTIAL WILL -- PARCEL DEVELOPS FIRST. DEPENDING WHICH PARTIAL IT IS AND WHAT HAPPENS NEXT TO IT KIND OF DEPENDS ON HOW THAT WORKS . SO, IT HAS GOT TO BE A LIVING AND BREATHING, WORKING PLAN. CAN YOU GO TO THE NEXT ONE? SO, THIS IS AN EXAMPLE OF HIS OR, THIS IS THE PICTURE -- OF OUR SITE ON OPELIKA ROAD .YOU CAN SEE WHERE WE HAVE OUR BUILDING AND OUR DRIVEWAY , AND WHAT IS RED IN THERE IS THE TURN LANE THAT WOULD BE REQUIRED TO BE INSTALLED ALONG HERE , WHICH IS REQUIRED TO BE INSTALLED, ACTUALLY LONGER THAN THIS, BUT WE CAN'T REALLY PUT IT ALL IN, BECAUSE YOU HAVE THE U-TURN BOLD THERE, YOU KNOW, FOR THE U-TURN IN THE MEDIAN , AND AS YOU CAN SEE, WHERE I AM POINTING, IN FRONT OF THE U-HAUL DEALERSHIP, NEXT DOOR TO US, IF WE PUT THE TURN LANE ON OUR BACK OF THE SIDEWALK, ARE BACK AT THE SIDEWALK GOES RIGHT THROUGH THEIR RURAL PARKING. SO, THERE'S NO WAY THEY ARE GOING TO WORK WITH US, BECAUSE IF THEY GIVE US AN EASEMENT AND WE BUILD A TURN LANE IN THAT RURAL PARKING OR WE PURCHASE THE RIGHT-OF-WAY, THEN WE ON THAT PORTION OF THERE -- IF THEY LOSE AN OVERALL PARKING, THEY LOSE THAT RURAL PARKING, YOU KNOW, THAT USER IS GOING TO LOSE THAT TENANT. THERE'S NO WAY THEY WILL WORK WITH US. SO, THE OTHER THING IS IF WE INSTALL THIS TURN LANE, I THINK YOU'LL NOTICE THIS IN THE PACKET, WE ARE STILL GOING TO HAVE ALL THESE OTHER DRIVEWAYS OFF OF THIS DECELERATION LANE THAT ARE STILL THERE. IT IS NOT LIKE THIS LANE WILL JUST BE EXCLUSIVELY A DECEL FOR US. THE U-HAUL HAS TWO DRIVEWAYS IN THE DRIVEWAYS AND TWO DOORS DOWN THAT WE WILL HAVE TO GO THROUGH OUR TURN LANE AS WELL. SO, YOU KNOW, WE ARE AT A CROSSROADS HERE. WE WERE HOPING TO ACTUALLY HAVE BEEN UNDER CONSTRUCTION AT THIS POINT. SO, WE'RE RUNNING OUT OF TIME TO ACTUALLY DELIVER THIS THING IN THE TIMEFRAME THAT WE CAN TO KEEP MOVING THIS PROJECT FORWARD HERE. SO, WE WOULD REQUEST, YOU KNOW -- IN THIS PARTICULAR SITUATION -- YOU KNOW -- A WAIVER TO THESE REQUIREMENTS, WHERE WE PHYSICALLY CAN'T FIT IT IN THERE, AND IF WE NEED TO WORK WITH CITY STAFF, YOU KNOW, COME UP WITH, YOU KNOW, AN EQUITABLE CONSERVATION, THAT WHEN THE SITE NEXT DOOR DEVELOPS, THAT THEY CAN THEN CONSTRUCT THE TURN LANE IMPROVEMENTS AND GET INCORPORATED. JUST SO YOU KNOW, PART OF THE ZONING REQUIREMENT IS THAT WE PROVIDE CROSS ACCESS TO ADJACENT PROPERTIES. IN THIS PARTICULAR SITUATION, YOU KNOW, WE CAN PROVIDE CROSS ACCESS OFF OF OUR DRIVEWAY IN THE FRONT THERE THE ZONING TALKS ABOUT THE CROSS ACCESS BEING PERPETRATED IN THE REAR. SO, WE WILL GET THAT WAIVER IF WE WORK THROUGH STAFF IN DETERMINING EXACTLY WHERE THE CROSS ACCESS LOCATIONS NEED TO BE, BUT, YOU KNOW, THAT IS ESSENTIALLY WHERE WE ARE AT IN THIS PROJECT >> COULD YOU GO BACK ONE SLIDE TO YOUR OUTLINE? [00:45:03] >> YEAH. >> SO, YOU HAVE A CLIENT WHO WOULD BE AMENDABLE TO OPTION THREE? >> YEAH. IF THAT IS WHAT WE NEED TO DO -- WE ARE NOT ASKING FOR A FREE RIDE HERE. WE ARE HOPING TO GET THIS PROJECT MOVING FORWARD. YOU KNOW? >> YEAH. >> YOU KNOW, AND WE HAVE DONE SOMETHING SIMILAR LIKE THIS BEFORE, SO -- >> OKAY. >> IT IS SOMETHING I THINK WE ARE ACCEPTABLE TO DOING , IF WE CAN GET THIS PROJECT MOVING FORWARD. >> OKAY. >> IT IS BETTER THAN THE ALTERNATIVE. >> YEAH. >> ANY CONCERN ABOUT STACK SPACE ON VEHICLES? IF YOU DON'T PUT THE TURN LANE IN? >> YEAH. THIS IS A FOUR-LANE SECTION. IF THIS WAS A TWO-LANE SECTION, WE WILL BE MORE CONCERNED ABOUT THAT. THIS WHOLE CORRIDOR, THERE'S NOT A TURN LANE OUT THERE RIGHT NOW EXCEPT ACROSS THE STREET. SO, YOU KNOW, IDEALLY, COULD YOU WANT TO HAVE ONE? YES, YOU WOULD, BUT IN THIS CIRCUMSTANCE, I THINK THAT THIS AREA 'S FUNCTION -- WHEN WE HAVE NEIGHBORS JUST A COUPLE OF DOORS DOWN THAT WILL BE OPERATING AT THE SAME TIME, SAME A FEW TIMES, YOU KNOW, I AM NOT AWARE OF ISSUES THAT THEY ARE HAVING THERE . >> THIS IS MAINLY DRY THROUGH? >> YES. THIS WOULD BE MAINLY DRIVE THROUGH. >> ARE YOU AN APPLICANT? >> YEAH. HE IS AN APPLICANT . >> I AM JOHN BERNER, LIVING IN BIRMINGHAM, ALABAMA , GENERAL PROPERTIES , WORKING WITH SMALLS AND BRETT TO GET THIS ACCOMPLISHED. THE PUBLIC WE'RE HAVING IS THE FRANCHISE ' S SCHEDULE ON HOW MANY STORES THEY WANT TO HAPPEN. I'M GOING BACK TO YOUR QUESTION ABOUT OPTION THREE. THAT CAN'T DELAY THE PROCESS. WE HAVE ALREADY KIND OF PUT THEM ON NOTICE. YOU CAN GO AND REMOVE THEM TO ANOTHER SITE . AGAIN, THAT IS ALL OUT OF OUR CONTROL. THAT IS FROM THE FRANCHISEE. OPTION THREE PRESENTS PROBLEMS. I THINK SOMETHING LIKE THAT CAN BE WORKED THROUGH. I WOULD JUST TRY TO MAYBE FIGURE OUT SOMETHING THAT DIDN'T DELAY THE PROCESS. THEN, SECONDLY, I THINK YOU WERE ASKING ABOUT ON-SITE STACKS. THIS PROPERTY -- HOW MANY FEET DEEP IS THE LOT? IT IS OVER 300, I THINK, FEET. THERE'S PLENTY OF STACKING -- I WOULD BE ABSOLUTELY STUNNED IF IT NEVER HAD ANY IMPACT AS TO DECEL LANE COMING IN -- COMING INTO THE PROPERTY -- ANY OTHER QUESTIONS? THANKS. >> THANK YOU. OKAY. >> SO, I THINK OPTION THREE IS AWESOME. I GUESS, WHAT MY QUESTION WOULD BE, HOW DOES THAT WORK ? THIS IS KIND OF AIMED AT OTHERS I'M NOT SURE -- >> I AM NOT SURE IF THAT IS IN OUR PURVIEW TO DISCUSS THE PLAN. >> WELL, IT WOULD HAVE TO HAVE SOME KIND OF A CONDITION -- LIKE A DEVELOPMENT AGREEMENT OR SOMETHING. RIGHT? SO, WE CAN MAKE SURE THAT GETS PLUGGED IN AT SOME POINT IF WE WANT THE PLAN TO WORK . DO WE DO THAT KIND OF STUFF FOR SIDEWALKS? DO WE HAVE THESE KIND OF THINGS , YOU KNOW, BECAUSE ONE OF THE POINTS THAT WAS MADE BY THE REPRESENTATIVE WAS, FIRST ONE IN THE DOOR PAYS FOR THE WHOLE THING. YOU KNOW, AND THIS HAS GOT SO MANY PROBLEMS ALL THE WAY ALONG THAT ROAD WITH SO MANY CURB CUTS. I KNOW THE CITY WANTS TO GET TO A POINT WHERE THIS IS ALL COMPLETELY BE DEVELOPED, REBUILT, YOU KNOW, AND WE HAVE A LOT OF GOOD CROSS-AXIS, AND ONE ENTRANCE INTO ALL OF THAT. THAT IS A GOOD FUTURE TO THINK ABOUT. YOU KNOW, SO, IF WE COULD LEAN FORWARD AND LOOK AT IT AS A HOLISTIC SORT OF APPROACH, YOU KNOW, THAT IS GOOD, BUT HOW DO YOU -- RATHER THAN JUST SAY, APPROVE OR DENY TONIGHT, HOW ABOUT APPROVED WITH CONDITIONS THAT SAY, LET'S HAVE SOME KIND OF A DEPARTMENT AGREEMENT. THAT'S -- IN -- >> I THINK CROSS ACCESS IS EASIER THAN A POOL OF MONEY, SO TO SPEAK. >> OH. >> FOR THIS. >> THAT SUGGESTS IS WORKING WITH THE CROSS ACCESS THE WAY IT IS? >> IS ALREADY IN OUR RULES AND REGULATIONS? >> LET ME ASK THE CITY ENGINEER A QUESTION. HOW MANY MORE PROPERTIES -- RIGHT IN THIS AREA -- ON OPELIKA ROAD -- ARE GOING TO HAVE TO BE REDEVELOPED TO -- FOR -- TO TRIGGER A PLAN TO TAKE CARE OF ALL THIS [00:50:03] REDEVELOPMENT? >> GOOD QUESTION. >> SO, I HAVE STARTED WORKING ON THAT. I HAVE NOT SPENT A LOT OF TIME ON IT, BUT IT IS DEFINITELY SOMETHING I HAVE LOOKED AT FROM A PRELIMINARY PERSPECTIVE. I AM NOT AWARE OF ANY OTHER PROPERTIES THAT WILL BE REDEVELOPED ALONG THE CORRIDOR ANYTIME SOON, BUT THERE MAY BE SOME OTHER THOUGHTS WITH CITY LEADERSHIP. I AM NOT AWARE OF ANY OTHERS. >> AND IN THAT THOUGHT PROCESS THAT YOU HAVE HAD -- CROSS ACCESS WILL NOT IMPACT THE DECISION TO MOVE FORWARD WITH SOMETHING DIFFERENT IN THE FUTURE? >> SAY THAT AGAIN, PLEASE? >> WELL, SO, AS THE REDEVELOPED AND THEY HAVE CROSS ACCESS ALREADY, THAT WOULDN'T IMPEDE YOUR DECISION TO MAKE A COMPREHENSIVE PLAN PUT IN PLACE? >> NO, IT WOULD NOT. THANK YOU. FAILED TO ANSWER YOUR QUESTION, SORT OF. OUR DESIGN GUIDELINES, -- WE HAVE A SIDEWALK FUND -- THAT WE HAVE FOR AREAS THAT DEVELOP, AND WE MAY NOT NECESSARILY WANT SIDEWALKS, SAY , THE WALMART MARKET AT DONOHUE AND JORDAN. PROBABLY NOT A GOOD EXAMPLE, BECAUSE THAT IS A STATE ROUTE, BUT THEY ARE SOME LOCATIONS WHERE A SIDEWALK IS NOT DESIRED , AND WE HAVE THE DEVELOPER PAY INTO THOSE -- PAY US THOSE FUNDS -- WE ARE ALLOWED -- BY OUR GUIDELINES -- TO USE THOSE FUNDS FOR SHYLOCK -- SIDEWALKS AND OTHER LOCATIONS AROUND THE CITY, AND WE DON'T HAVE AN INTER-LANE FUND -- FOR LACK OF A BETTER WORD -- AND I DON'T KNOW -- YOU ARE ASKING IF WE CAN -- OR IF YOU CAN -- CONDITION AN APPEAL THAT WOULD BE THE FIRST THAT I WOULD EXPERIENCE SINCE WE HAVE HAD OUR MANUAL SINCE 2011. I THINK YOU -- FROM MY LENS -- YOU EITHER NEED TO VOTE IT UP OR DOWN. >> OKAY. >> AS I READ THE GUIDELINES. >> OKAY. >> DISCUSSION OR QUESTIONS? MOTIONS? [9. Zoning Ordinance Text Amendment – Urban Core Residential Use Provisions ZT-2024-001 ] >> MOVED TO APPROVE THE WAIVER. >> SECOND. >> I HAVE A MOTION AND A SECOND. ALL THOSE IN FAVOR? >> AYE. >> AYE. >> AYE. >> ANY OPPOSED? THANK YOU. OKAY. TEXT? >> ALL RIGHT. SO, THIS IS A ZONING TEXT AMENDMENT , URBAN CORE RESIDENTIAL USE PROVISIONS. SO, THE ACTUAL AMOUNT AMENDED AMENDED TO SECTION 507, URBAN CORE DISTRICT AND DESIGN, RESIDENTIAL USE PROVISIONS . NEXT SLIDE. SO, PER ADVICE, KIND OF APPROVING THE RIGHT OF ZONING ORDINANCE, WE HAVE A LITANY OF TABLES , A LOT OF READING, VERY NUANCED IN CERTAIN PLACES, VERY EXPLICIT ABOUT WHAT YOU CAN AND CANNOT DO, DOWN TO PERCENTAGES, FEET, WIDTHS, ET CETERA. I WANT TO BRING YOUR ATTENTION TO NO MORE THAN 30% OF STREET FRONTAGE SHALL BE USED FOR RESIDENTIAL USES IN THE YOU SEE ZONING DISTRICT FOR EAST THAT REVENUE. THIS IS ONE OF THE THINGS I WANTED TO AMEND, JUST TO MAKE SURE THAT, AS PROPERTY DEVELOPS IN THE UC DISTRICT, THAT THERE WAS NOT GOING TO BE GREATER OMISSION OF COMMERCIAL SPACE IN THE UC DISTRICT. WE WANTED TO INCLUDE THE ZONING TEXT AMENDMENT . NEXT? YEAH. WHAT I WOULD PUT IN IS, ADDITIONALLY, NO MORE THAN 30% OF STREET FRONTAGE SHALL BE USED FOR RESIDENTIAL USES IN THE UC ZONING DISTRICT ON THE FOLLOWING STREETS, ONE, OTHER THAN NOTED BUT ALL STREETS NORTH OF EAST WEST THATCHER AVENUE, TWO, SAO PAULO STREET, EAST OF SOUTH THATCHER AVENUE, AND EASTGATE STREET ON SOUTH THATCHER AVENUE. ON THE MAP, PLEASE? THIS IS A VISUAL REPRESENTATION OF WHAT THIS WHAT KIND OF DO. SO, LIKE I WAS SAYING, SO, THE ENTIRE FOCUS BEHIND THIS -- JUST FOR OUR AUDIENCE, THIS MAY NOT BE AWARE -- SALES TAX IS THE DRIVER OF THE -- IT IS OUR LIVELIHOOD -- SO, WHEN WE GET THE DEPARTMENT IN, WHAT IS OUR DENSEST ZONE IN THE CITY, WE WOULD LIKE TO HAVE COMMERCIAL LIMITS TO TAKE ADVANTAGE OF THAT, AND , JUST THE CURRENT READING , AS OF THE CURRENT TEXT, WOULD ALLOW FOR AN OMISSION IN A LOT OF AREAS THAT WOULD THEN LEAVE US OUT, BUT JUST WOULD LEAVE COMMERCIAL OUT OF THOSE PRODUCTS. SO, THIS IS ONE OF THE THINGS WE WANTED TO DO, A TWEAK TO MAKE SURE, AS THOSE PROJECTS WE DEVELOP, THAT COMMERCIAL SPACE IS NOT OMITTED FROM THE PROJECTS. >> OKAY. COMMISSIONERS? >> YES. THIS DOES NOT REQUIRE PUBLIC HEARING. >> NO. I ACTUALLY THINK THIS DOES REQUIRE PUBLIC HEARING. >> IT DOES? >> YEAH. YEAH. >> OKAY. >> JUST DOESN'T -- >> I WOULD LIKE TO OPEN THE PUBLIC HEARING AT THIS TIME. IF YOU WOULD LIKE TO SPEAK ON THIS ZONING TEXT ORDINANCE AMENDMENT. >> I JUST WANT TO BE CLEAR -- >> IF YOU CAN STATE YOUR NAME AND ADDRESS? >> BRETT PASSMORE, AS A RESIDENT. [00:55:04] >> CAN BE WAIVED, THIS IS AT THE PLANNING DIRECTOR -- YOU KNOW WHAT I MEAN? LIKE, IN REGARDS, I'M SAYING, FOR INSTANCE, IF WE LOOK AT STREET SOUTH OF CASEY, SHOWING A 30% MAXIMUM RESIDENTIAL USE. RIGHT? THE HEART OF AUBURN IS REDEVELOPED THERE, BUT EVERY THING ON THE EAST SIDE OF IS SINGLE-FAMILY, RESIDENTIAL HOMES. IT DOESN'T MAKE MUCH SENSE. BUT, AS LONG AS THERE'S A CAVEAT IN THERE, WHERE WE DON'T HAVE TO COME BACK AND GET A WAIVER, OR -- IS THIS AN IN MINISTRY APPROVAL THAT GIVES THE PLANNING DIRECTOR -- >> YOU'RE TALKING ABOUT PROJECT ALREADY CONSTRUCTED? >> NO. I'M JUST SAYING -- >> COULD YOU GO BACK? >> IF I WILL TEAR DOWN AND REBUILD IT NEW -- YOU KNOW WHAT I MEAN? I'LL HAVE A 30% MAXIMUM ON FIRST-FLOOR RESIDENTIAL FOR SOUTH GAYE -- RIGHT -- AND SOUTH CASEY. >> YEAH. SO, THERE ARE NO -- YEAH. THERE ARE NO RESTRICTIONS THERE. >> OKAY. ON GAYE, IT IS YELLOW, THOUGH, 30% OR LESS . >> YEAH, YEAH, YEAH. >> YOU SEE WHAT I MEAN? >> YEAH. >> SO, IF I HAD TO GET -- WHAT IS THE PROCESS OF -- IS THERE A -- IN MINISTRY DEVELOPERS >> YEAH. AS IT READS IN THE TABLE RIGHT NOW, EVERYTHING IS SUBJECT, I GUESS, YOU COULD SAY, A JUSTIFICATION BEING MADE. >> ALL RIGHT. I JUST WANT TO MAKE SURE THAT THAT IS ON THE RECORD. I THINK IT IS IN THE TEXT, BUT I JUST WANTED TO MAKE SURE OF THAT . I MEAN, I UNDERSTAND, TRYING TO PROTECT THE COMMERCIAL NOTICE THERE. YOU KNOW, A LOT OF THESE AREAS ARE GOING TO BE FORWARD-THINKIN G. YOU KNOW WHAT I MEAN? WE GOT MAXIMUM BURDEN STREET, AMBERTON STREET, ALL RESIDENTIAL. YOU KNOW WHAT I MEAN? SO, THAT IS ALL.THANK YOU. >> YEAH. >> ANYONE ELSE WOULD LIKE TO SPEAK AT THE PUBLIC HEARING? SEEING NO ONE, I WILL CLOSE THE PUBLIC HEARING. COMMISSIONERS? >> YEAH. I HAVE A QUESTION TO STAFF. 30% OR LESS ON THE GROUND FLOOR. WHY WAS 30% JOE'S AND? >> YEAH. SO, THAT JUST STEMS FROM THE LAST UPDATE, KIND OF THE LAST PLAN. SHOWED , THEY JUST KIND OF LANDED ON 30%. SO, THAT THIS IS KIND OF CARRYOVER FROM THE EXISTING -- THAT IS NOT ANYTHING THAT WAS KIND OF INNOVATED ON NOW. I THINK IT IS JUST THAT THE FEELING OF HOPE IS LIKE I SAID -- JUST WITH SALES TAX FROM LAST YEAR, AND WITH THIS BEING THE DENSEST AREA IN TOWN, AND SEEING A -- SEEING MORE DENSITY AND FOOT TRAFFIC -- WE THINK IT JUST MAKES SENSE THAT, IN HIS QUARTERS, SO THEY DON'T JUST BECOME RESIDENTIAL-BASED QUARTERS, THEY DO HAVE SORT OF COMMERCIAL INTEREST. >> OKAY. I DON'T WANT TO PUT YOU IN A CORNER, BUT -- TELL ME, FOR WHAT REASON WOULD THE PLANNING DIRECTOR WAVE THIS 30%? >> IT WOULD HAVE TO BE A REALLY GOOD JUSTIFICATION. I GUESS I WANT TO SAY THAT I WOULDN'T WANT ANY. I THINK IT WOULD HAVE TO MAKE SENSE, AND I THINK IT IT WOULD BE ABLE TO HELP WITH A LOT OF HEAVY CONSIDERATION AND THOUGHT, BUT I THINK, IF ANYONE WHO HAS BEEN TO ANY OF THE RECENT PUBLIC MEETINGS OR COMMITTEE THINGS I HAVE GIVEN SPEECHES AT ALL DOES NOT SPEECHES -- THE PRESENTATIONS AT -- I REALLY, REALLY STRESS HOW IMPORTANT THE COMMERCIAL SQUARE FOOTAGE IS TO THE CITY, AND THAT WE MAINTAIN IT IN DEVELOPMENT. >> WHY DON'T WE TAKE THAT TYPE OF WAIVER, TAKE IT, BRING IT HERE FOR THE BOARD? IF I AM YOU, I WANT US TO BACK IT. >> YOU KNOW WHAT IS REALLY IRONIC? DEVELOPERS -- AND I THINK , OFTENTIMES, EVEN FROM SOUTHSIDE AND CINDY LEADERSHIP SIDE -- THEY ARE ACTUALLY ABOVE ME -- THEY LIKE TIMELINES. IN THE NIGHT, TIMELINES ARE VERY IMPORTANT. WHEN THINGS HAVE TO GO TO BOARDS, CITY COUNCIL NEEDS TO MEET APPROVAL, THINGS LIKE THAT, THERE IS A SAYING, , THIS WASN'T PUBLISHED IN TIME, AND SO, THAT EVERYTHING THAT THEY LOVE TO ASK, CAN THIS BE ADMINISTERED OF OR TAKEN CARE OF? OFTENTIMES, THE ANSWER IS, NO, BUT IF IT CAN BE ADMINISTRATIVE LEAVE TAKING CARE OF, YOU KNOW, THEY REALLY DO, LIKE, OKAY, WELL, I THINK IT HAD LEGITIMATE JUSTIFICATION. CAN WE TALK ABOUT THIS? THAT WAY, THEY CAN STICK TO THE TIMELINE. SO, I THINK, WITH THE SITUATION, AND I THINK, LIKE I SAID, KIND OF UNDERSTANDING THE WEIGHT AND GRAVITY OF THIS -- I WOULD SAY, MAYBE SIMILAR TO, FOR INSTANCE, I'M STARTING A PUBLIC WANT TO TELL YOU, NO, AND IF YOU ASK ME AGAIN, I WILL STILL PROBABLY SAY, NO, YOU KNOW, BUT YOU HAVE THE RIGHT TO THE WAIVER, OR I GUESS, HAVE THE RIGHT TO ASK FOR AN IN MINISTRY THE WAIVER. WOULDN'T SAY, APPEAL IT TO YOU ALL, BUT YEAH, SO, THAT IS THE REASON FOR THAT. THEY LIKE TO STICK TO TIMELINES, AND ADMINISTERED OF THINGS ALLOW THEM TO STICK TO THE TIGHT TIMELINES THAT THEY HAVE. IT IS A LOT EASIER FOR THEM, I GUESS, TO MAKE A PHONE CALL TO ME, HAVE A MEETING WITH ME INSTEAD OF PUBLISH IT ON AN AGENDA AND [01:00:01] WAIT FOR SEVERAL WEEKS OR A MONTH TO GET A DECISION. SO -- >> I AGREE. I'M STRUGGLING WITH -- -- IS THAT WHERE WE TRULY SEE OUR COMMERCIAL GROWING ? >> I WILL NOTE, THE OPPOSITE SIDE OF THE STREET IS DIFFERENT ZONE. SO, IT WOULD BE DIFFERENT REGULATIONS ON THAT. >> THAT IS WHERE IT WAS BUILT IN. >> OKAY. THAT IS ALL MY COMMENTS. COMMISSIONERS? QUESTIONS? MOTIONS? >> I WILL MOVE TO APPROVE ZT-2024-001, URBAN CORE RESIDENTIAL USE PROVISIONS. >> SECOND . >> HAVE A MOTION AND A SECOND. [OTHER ] ALL THOSE IN FAVOR? >> AYE. >> AYE. >> AYE. >> ANY OPPOSED? AND THAT CONCLUDES OUR NEW BUSINESS. NOW, WE'LL MOVE TO OTHER BUSINESS. >> ALL RIGHT. OTHER BUSINESS, THE APPLICANT IS SEEKING AN APPEAL TO THE DENIAL OF THE DESIGN AND CONSTRUCTION MANUAL LABOR STARTING DECELERATION LANES ALONG ARTERIALS AND COLLECTOR ROADWAYS, SPECIFICALLY, FOR THE RIVAS TOWNHOMES PROJECT, LOCATED ON OGLETREE ROAD NORTH OF MORGAN DRIVE. AS STATED EARLIER, MANUAL REQUIRES THAT THEY ARE INSTALLED AT ALL PERMITTED ACCESS POINTS ALONG THOSE TYPES OF ROADS . THE APPLICANT IS SUBMITTING A WAIVER REQUEST OF THE SUBSEQUENTLY DENIED -- AND I WILL NOTE THAT THE REQUIREMENT FOR THESE TURN LANES WERE MENTIONED -- SORRY -- GERMAN REQUIREMENTS WERE MENTIONED DURING PED REZONING REQUESTS. THIS CAME TO THIS BODY, AS WELL AS BEING A REQUIREMENT BUT THE CITY COUNCIL FOR THE PED REQUESTS WITH MR. COBLENTZ. SO, HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE >> OKAY. >> THANK YOU. >> THIS IS A WAIVER, DOES NOT REQUIRE PUBLIC HEARING . >> WE HAVE SEEN THESE GUYS -- >> QUIET -- >> MISSIONERS, QUESTIONS FOR STAFF, APPLICANT? MOTIONS OR DISCUSSIONS? >> NEED TO UNDERSTAND A LITTLE BETTER WHAT WE ARE ASKING FOR. >> YEAH. DO YOU MIND PULLING UP THAT SET OF SLIDES FOR ME PLEASE? ALL RIGHT. SO, WHEN THIS WAS ORIGINALLY DONE, WHEN THIS PDD WAS APPROVED, OR WHEN IT WAS GOING THROUGH THE APPROVAL PROCESS FOR THE REZONING, THERE WAS A REQUIREMENT THAT WE ACTUALLY DELAYED -- WHAT IS IT OFFICE INSURANCES OF THE TRAFFIC STUDY, SO, WE PERFORMED THE TRAFFIC STUDY. AT THE TIME, WHEN WE DID THE TRAFFIC STUDY, TIED TO THIS AND IMPROVEMENTS OF IT, OGLETREE ROAD AND MOORE'S EXPANSION OF THE SHOPPING CENTER THERE. AT THE TIME, WE WERE ORIGINALLY REQUESTING 70 OR 80 UNITS HERE .WE REDUCED IT DOWN TO 50. WHAT WE GOT APPROVED WAS 50 TOWNHOME UNITS ON THIS PROPERTY. THUS, IT HAS BEEN REDUCED FURTHER DOWN, AND WE ARE AT 42 TOTAL TOWNHOMES FOR THE NEXT ONE. SO, THIS IS THE EXCERPTS FROM THE DESIGN AND CONSTRUCTION MANUAL, STRAIGHT OUT OF THE DESIGN MANUAL , I JUST LEFT THEM AND PUT THEM IN THERE, HIGHLIGHTED IN YELLOW IN REGARDS TO LEFT TURN, WARRANT CONSTRUCTION OF LEFT TURN LANES, TWO-LAYNE AND FOUR-LANE ROADWAYS. RIGHT-TURN, HIGH VOLUME TO WRITE-TURNS, DEVELOPING -- LANES , MULTI-LIEN ROADWAYS. THEN, THE THIRD ONE DOWN THERE, THIS IS THE ONE WHERE, BASICALLY, IT STATES THAT, ALONG ALL OF THE ARTERIAL OR COLLECTIVE ROADWAYS IN THE CITY, UNLESS DETERMINED BY THE CITY , BASED UPON DEVELOPMENT PARAMETERS, TRAFFIC PROJECTIONS, THE TURN LANES ARE REQUIRED NO MATTER WHAT. BUT WE DID DO THE TRAFFIC STUDY.RIGHT? WHAT THE TRAFFIC STUDY SHOWS -- YOU CAN GO TO THE NEXT ONE -- WHAT THE TRAFFIC STUDY SHOWS IS THAT THE TURN LANES ON OGLETREE ROAD IN FRONT OF THIS AREA ARE NOT WARRANTED. NOW, IN REGARDS TO RIGHT-TURN LANE -- THIS RIGHT-TURN LANE -- THE RIGHT-TERMITE REQUIREMENTS ARE BASED UPON THE SPEED LIMIT OF THE ROAD, AMOUNT OF TRAFFIC ON THE ROAD, AND THE AMOUNT OF PEOPLE TURNING RIGHT ON THE ROAD. THAT BLUE LINE -- RIGHT -- IS KIND OF LIKE THE FENCE. RIGHT? IF I AM ON ONE SIDE OF THE FENCE, IT IS WANTED. IF IT IS ON THE LEFT SIDE OF THE FENCE, IT IS NOT WARRANTED. YOU CAN SEE -- IN THIS PARTICULAR RIGHT-TURN LANE -- IT IS PRETTY FAR AWAY FROM THE LINE. WE ARE NOT CLOSE TO THE LINE WITH REGARDS TO THE RIGHT-TURN LANE REQUIREMENT. >> IF YOU GO TO THE NEXT PAGE [01:05:01] -- THIS IS THE LEFT-TURN LANE REQUIREMENT. SO, LEFT-TURN LANE REQUIREMENT, AGAIN, BASED ON SPEED LIMIT, BASED ON THE OPPOSING TRAFFIC .RIGHT? HOW MANY PEOPLE GOING ONE-WAY, GOING AGAINST THE OTHER -- THE OPPOSING -- VOLUMES EIGHT THAT. HIS PARTICULAR CASE, IT IS THE SAME THING. BLUE LINE IS THE FENCE. EVERYTHING LEFT OF THE FENCE IS NOT WANTED. EVERYTHING ON THE RIGHT SIDE IS WARRANTED. AS YOU CAN SEE HERE, YOU KNOW, BOTH OF THE TURN LANES ARE NO WHERE CLOSE TO BEING WANTED. RIGHT? THEY'RE NOT EVEN IN THE BALLPARK OF BEING WANTED. YOU CAN GO TO THE NEXT ONE, PLEASE. SO, TRAFFIC AND FUTURE GROWTH. I WILL NOT ARGUE WITH YOU THAT MORE SNOW HAS ONE OF TRAFFIC. THIS IS FROM OUR TRAFFIC STUDY WITH ACCOUNTS COLLECTED, ABOUT 18,000 VEHICLES A DAY ON MOORE'S VILLE, ABOUT 1800 ON HAMILTON, BUT A DROP CYNICALLY DOWN TO 5000 CARS PER DAY ON OGLETREE ROAD. IT IS A PRETTY BIG DIFFERENCE ON WHETHER YOU ARE EAST OF MOORES MILL ON ALL THREE OR WEST OF MOORE'S MILL ON HAMILTON. THERE'S NO DOUBT ABOUT IT, THE AMOUNT OF TRAFFIC THAT'S OUT THERE. IN REGARDS TO THIS STRETCH OF OGLETREE, REALLY, A MAJORITY OF OGLETREE IN THAT AREA IS BUILT OUT. MOST EVERYTHING IS BUILT OUT. THERE'S REALLY ONLY TWO LARGE TRACKS AVAILABLE, THE JOHNSON FAMILY FARM, PRETTY SIGNIFICANT PIECE. BUT IT IS IN THE LAKE OGLETREE WATERSHED. SO, THE DENSITY ON THAT IS GOING TO BE LIMITED TO ONLY TWO UNITS PER ACRE. IT IS GOING TO BE A LOW-DENSITY. FUTURE LAND USE PLAN HAS IT AS RURAL. ONE WANT PER THREE ACRES. IT IS REALLY GOING TO BE DENSE -- I MEAN, REALLY, RURAL. THEN, YOU HAVE THE SMITH FAMILY PROPERTY. SO, THERE'S ABOUT A WONDERS 35-ACRE TRACK THAT FRONTS OGLETREE ROAD, BUT LIMITED SEWER AVAILABILITY IN THAT AREA, PART OF THE PROPERTY, LIKE OGLETREE WATER, PART OF IT IS IN MOORE'S VILLE, BUT IT DOES NOT HAVE ACCESS TO SEWER, LIMITING THE DENSITY. WE DO HAVE THE FUTURE LEGAL MOORE PARK UNDER PROJECTION. THE CITY ESTIMATED THAT THAT WOULD BE ABOUT WONDERS 50 VEHICLES PER DAY ADDED TO THE ROAD, AGAIN, IN REGARDS TO THE CURRENT 5000, IS FAIRLY INSIGNIFICANT. WRIGHTSVILLE ROAD AND MOORE WHO'S VILLE ROAD -- IT HAS GONE IN TRAFFIC IN THE 20 YEARS I HAVE BEEN THERE. IN REGARDS TO WRIGHT'S MILL -- WRIGHT'S MILL IS KIND OF LIMITED ON WHAT IT CAN DO, BECAUSE YOU HAVE TO WALK ON THE STATE PARK THERE. A LOT OF PEOPLE USE THAT AS AN EAST/WEST ALONG MONTGOMERY, BACK WITH 85 FROM THAT SIDE OF TOWN, BUT IT IS FAIRLY -- IN REGARDS TO OVERALL TRAFFIC -- NOTHING TOWARDS THE CLASSIFICATION OF MOORE'S MILL. I'M TELLING YOU, WE DON'T EXPECT TRAFFIC ON OGLETREE ROAD TO DOUBLE. RIGHT? IT IS GOING TO GROW SOME WITH SOME OF THESE DEVELOPMENT, BUT WE'RE NOT TALKING ABOUT A HUGE INCREASE IN TRAFFIC THERE. THE TURN LANES -- IN ORDER FOR US TO PUT IN THESE TURN LANES -- THE TURN LANES WE ARE BEING REQUIRED TO PUT IN ON THE SAME ONCE WE HAVE PUT IN THAT SHOULD JOIN AT OPELIKA ROAD, SAME WHEN WE PUT IN AT SOUTH COLLEGE, AND ANY MAJOR INTERSECTION, BECAUSE IT IS BASED ON SPEED LIMIT , SO THE LENGTH OF IT IS ABOUT 220 FEET OF STORAGE, WONDERS 50-FOOT PAPER , LIKE A 350-FOOT TURN LANE. WE'RE TALKING ABOUT 42 HOMES HERE. I MEAN, THESE TEMPERAMENTS ARE SIGNIFICANT. THE IMPROVEMENTS WOULD BE ABOUT 1000 FEET. RIGHT? WE WILL START 350 FEET ON THE 1 SIDE FOR A RIGHT-TURN LANE, AND BY THE TIME WE PUT A LEFT-TURN LANE, IT WOULD GO ANOTHER 650 FEET DOWN. I WILL SHOW YOU THIS IN AN EXAMPLE. CAN YOU GO TO THE NEXT ONE PLEASE? THIS IS THE RIGHT-TURN LANE. THIS IS THE RIGHT-TURN LANE INTO OUR DEPARTMENT THAT SHOWS IT IS 220 FEET LONG, 150-FOOT PAPER. YOU KNOW, WE REALLY DON'T HAVE ENOUGH ON THE RIGHT-OF-WAY THERE, IT FALLS OFF, AND SOME OF THESE IMPROVEMENTS CAN'T GO IN THERE WITHOUT GOING ON THE ADJACENT PROPERTY THAT WOULD REQUIRE SOMETHING OF AN EASEMENT, MORE RIGHT-OF-WAY PURCHASE. SO, THIS IS THE 350 SIDE. IF YOU GO TO THE NEXT ONE -- THIS IS THE LEFT-TURN LANE. THIS WOULD BE COMING FROM WRIGHT'S MILL INTO THIS DIRECTION. RIGHT? IN REGARDS TO, LIKE, HOW TRAFFIC PATTERNS ARE GOING TO FUNCTION IN THIS AREA, EVERYBODY WILL BE COMING TO AND FROM THE MOORE'S MILL AREA TO AND FROM THE STING. THERE WILL BE VERY FEW LEFTS INTO THIS DEPARTMENT. THERE'S 650 FEET OF WIDENING. AS YOU CAN SEE, OUR TABOR ACTUALLY GOES ACROSS MORGAN'S HILLS' ENTRANCE RIGHT THERE. SO, [01:10:04] AGAIN, WE RUN INTO RIGHT-OF-WAY ISSUES, AND REALLY, WE ARE GOING TO REALLY IMPACT -- ON THIS ROAD WIDENING -- EAST LAKE AND TOWN OWNS , A LOT OF MATURE TREES THEY PLAN ALONG THE ROAD THERE AND WILL GET INTO THE IMPROVEMENTS. SO, THESE ARE EXCERPTS FROM THE TRAFFIC STUDY . RIGHT? ON OGLETREE ROAD, SOUTH BOUND WRIGHT WAS NOT WANTED IN THE BUILD CONDITIONS. NORTHBOUND LEFT TURN LANE WAS NOT WARRANTED. THEN, AT THE BOTTOM, YOU KNOW, THIS WAS JUST A SUMMARY OF THE 50-UNIT TOWNHOME DEPARTMENT, GENERATING VERY FEW TRIPS WITH VERY MODERN TRAFFIC IMPACTS TO THIS STUDY AREA. THAT WAS THE POINT FOR THE CONCLUSIONS ON THE TRAFFIC STUDY. AND SO, WE ARE HOPING THAT YOU GUYS WOULD EVALUATE THESE OPTIONS FOR US. AT THE END OF THE DAY, THEY'RE NOT WANTED. IT WOULD BE DIFFERENT STORY IF THEY WERE WARRANTED AND WE WERE ASKING YOU TO PUT THEM IN, BUT THEY'RE NOT WANTED, AND WE'RE -- LIKE I MENTIONED -- WE'RE VERY FEW UNITS THAT ARE REALLY GOING TO IMPACT THIS SECTION, THIS RELATIVELY LOW-LEVEL INCOME. HAPPY TO ANSWER ANY QUESTIONS IF YOU WOULD LIKE. >> CAN YOU GO BACK? I WANT TO ASK TWO RUSSIANS. GO BACK TO SLIDE NUMBER EIGHT -- LEFT-TURN -- >> YEAH. >> IS THERE GOING TO BE A MEDIAN THERE? >> NO. >> OKAY. MY SECOND QUESTION WOULD BE , THE TRAFFIC STUDY IS BASED ON HOW MANY HOMES? WAS THAT ON THE ORIGINAL OF 80 ? >> IT WAS 50. >> IT WAS 50? >> YEAH. >> SO, THAT KIND OF LOOKS LIKE IT IS EVEN LESS OF A PROBLEM. >> LOOK , IF WE HAD TO PUT IN A TURN LANE, PER OUR REQUIREMENTS -- >> OKAY. >> REGARDLESS OF WHAT IS IN THERE -- OKAY -- I WOULD HAVE TO PUT THAT SIZE OF TURN LANE IN THERE WITH HER I HAD -- YOU KNOW -- 5 OR 5000 HOMES. THE LENGTH OF THE TURN LANE DOESN'T REALLY MATTER REGARDS TO THE MINIMUM LENGTH . THAT IS THE MINIMUM LENGTH OF TURN LANE THAT WE HAVE TO PUT IN BASED UPON OUR CITY GUIDELINES. >> INTERESTING. >> OGLETREE IS ARTERIAL? >> COLLECTIVE. MOORE'S MILL IS ARTERIAL. >> YES. >> THIS IS A COLLECTIVE ROAD . SO, IT IS A DIFFERENT CLASSIFICATION. BUT LIKE I SAID, YOU KNOW, IN REGARDS TO OUR REQUIREMENTS, ALL COLLECTORS, ALL ARTERIALS, REQUIRED TO HAVE TURN LANES. >> WHAT DOES EAST LAKE HAVE? >> EAST LAKE HAS A RIGHT-TURN DECELERATION LANE IF I'M NOT MISTAKEN, BUT IT CAME IN WELL BEFORE WE CHANGED THE REQUIREMENTS FOR TURN LANES ON THE ROAD. >> THEY ARE 150 FEET, YOU KNOW, MUCH MORE -- >> ACTUALLY, TO THE SOUTH, BOTTOM OF THIS PICTURE, EAST DOWNTOWN -- THAT SIZED TURN LANE IS WHAT IS THERE, IN EAST LAKE. >> YES -- JUST PLAIN NORTH -- EVEN OLDER AND IN USE. >> OKAY. >> NOT EAST LAKE TOWNHOMES, BUT YES -- EAST LAKE AND MORGAN HILL'S IS LARGER. >> THINKING ABOUT THE OTHER TWO DEVELOPMENTS' SIZE. >> I CAN TELL YOU THAT. I HAVE THAT FOR YOU. >> YES? >> EAST LAKE TOWNHOMES IS 38 UNITS. 38. >> OKAY. >> MORGAN HILLS IS ABOUT 115 RESIDENTIAL HOMES. >> THAT IS PRETTY SUBSTANTIAL. >> EAST LAKE -- THERE'S MULTIPLE ENTRANCES -- OKAY? BUT THE ONE ON OGLETREE -- FOR THE MOST PART -- IS MORE SERVICEABLE TO ABOUT 150 LOTS. THE OTHER REMAINING LOTS , THEY'RE MUCH CLOSER TO THE WRIGHT'S MILL SIDE, AND THEY WOULD USE THOSE. YOU KNOW WHAT I MEAN? >> YEAH. >> DOES IT HAVE ANOTHER EXIT? >> THERE'S ONE WAY OUT IN MORGAN HILLS. >> YEAH. PLAN FOR CONNECTIVITY WAS NEXT -- IT WOULD HAVE HAD ANOTHER WAY IN AND OUT. I WILL MENTION THAT , THE TRAFFIC STUDY, FOR THE PDD, ALSO EVALUATED INTERSECTIONS. WASN'T SPECIFICALLY FOR THIS, BUT BRETT TYPICALLY LOOKS AT DRIVEWAY .YEAH, HE DOES DO THE WARRANTING, EVEN THOUGH THE MANUAL STATES THAT IT IS REQUIRED. >> WE STUDIED ALL THE INTERSECTIONS AROUND OGLETREE , SHOPPING CENTER AND THE WHOLE WAY. WE HAD TO COME DOWN HERE, BECAUSE THIS WAS PART OF THE PDD. >> RIGHT. BECAUSE IT CAME IN WITH PART OF THE COMMERCIAL. >> CAN WE GO BACK AND SEE YOUR SLIDE ON THE RIGHT-TURN LANE IN? >> RIGHT THERE. >> OKAY. HOW LONG IS THAT? >> 350-FEET, TOTAL, 370, 220-FEET OF FULL WIDTH, THEN TAPERS OVER THAT 150 IN THE [01:15:03] BACK THERE. >> THAT IS MUCH LONGER THAN THE ONE , BASICALLY, ACROSS THE STREET? >> YEAH. >> IS THAT BECAUSE -- >> REGULATIONS. >> REGULATIONS CHANGED? >> CITY'S ADOPTED RELATIONS HAVE CHANGED. >> OKAY. HOW CLOSE ARE YOU TO GOOSE -- >> HELLO? >> YES. >> WHERE WE TIE IN THERE -- OKAY -- WHERE WE ARE TYING IN NOW -- THERE'S ABOUT 150 FEET TO EAST LAKE. OKAY? THEN, FROM EAST LAKE TO GOOSE HOLLOW, PROBABLY ABOUT ANOTHER 700 FEET . BUT, I MEAN, THE LENGTH OF IMPROVEMENTS, ONE THOUSAND FEET. YOU KNOW, IT IS A SIGNIFICANT -- SIGNIFICANTLY MORE IMPROVEMENTS HERE COMPARED TO THE OTHER ONES IN THE AREA. ALMOST MORE THAN TWICE THE SIZE OF THOSE. SO -- >> I HAVE A QUESTION FOR ALLISON. WHY DO WE HAVE TO HAVE A TURN LANE THAT IS SO LONG FOR SUCH A PRETTY SMALL DEVELOPMENT? >> BECAUSE IT IS BASED ON THE SPEED LIMIT OF THE ROAD. >> 45 . >> 45, TO GET PEOPLE TO SLOW DOWN IN TIME? >> YES. SO, SOMEONE MAY BE TRAVELING 45 TO TURN INTO THE DEVELOPMENT. SO, THAT LANE IS BASED ON THAT GUIDELINE. >> I GUESS, THEN, MY QUESTION WOULD BE, WHAT IS BEFORE US? WHAT IS THE DECISION? >> THAT IS ACTUALLY VERY GOOD QUESTION. THE REQUEST IS TO NOT DO ANYTHING, OR TO GO BACK TO WHAT IS ACROSS THE STREET? >> NOT DO ANYTHING. THEY WANT AN APPEAL OF THE DENIAL . >> OKAY. >> THEY DON'T WANT TO DO ANYTHING. >> I DROVE THESE AREAS. I HAVE DRIVEN THEM A LOT, BUT THERE ARE SOME -- FOR LACK OF A BETTER TERM -- WINGED ENTRY AND EXIT THAT ARE MUCH MORE -- YOU KNOW -- THERE'S NO REAL TURN LANE OR ANYTHING LIKE THAT.IS THAT SOMETHING THAT WOULD BE AMENDABLE? IS THAT AN OPTION? THIS SEEMS ACROSS MULTIPLE PEOPLES HATS . I GUESS, I'M ASKING, LIKE 2051, OVERLOOK -- >> REMEMBER, THOSE DEPARTMENTS WERE APPROVED BEFORE WE CHANGED REQUIREMENTS. I WAS TRYING TO REMEMBER WHEN WE CHANGED THE REQUIREMENTS FOR TURN LANES ON COLLECTORS AND ARTERIAL S, IRRESPECTIVE OF TRAFFIC STUDY, AND THAT WAS DONE -- ACTUALLY, KEVIN COWPER, THE ASSISTANT CITY MANAGER. IT HAS BEEN THAT LONG, AT LEAST HOWEVER MANY YEARS AGO THAT WAS . SEVEN OR EIGHT YEARS AGO. OUR GOAL IS TO PRESERVE THE CAPACITY OF OUR ROADWAYS, GETTING THE TURNING TRAFFIC OUT OF THE REALM OF MOVEMENT. SO, YEAH, TRAFFIC STUDY MAY SAY, YOU DON'T HAVE ENOUGH OPPOSING TRAFFIC. THE GRAPHS THAT BRETT SHOWED IN HIS SLIDES -- BUT FOR US -- WE'RE TRYING TO -- IF HE WILL ASK ABOUT HOW WE LOOK LONG-TERM, WE WERE TALKING ABOUT THE DEVELOPMENT EAST OF SOCIETY HILL ROAD THIS IS ONE OF THE THINGS WE TRY TO DO, PRESERVE THE CAPACITY OF OUR ROADWAYS. >> LET ME GET THIS STRAIGHT , WE ARE VOTING ON -- WE ARE VOTING ON APPROVING OR DISAPPROVING THE DENIAL -- FROM ENGINEERING -- FOR BOTH TURN LIGHTS? >> YES. >> OKAY. YEAH. >> I MOVED TO APPROVE . >> OKAY. APPROVING THE WAIVER? YES. APPROVING TO MOVE FORWARD WITH NO TURN LANES? I'M GOING TO NEED A SECOND TO MOVE FORWARD WITH ANYTHING. >> I GUESS I WILL SECOND THAT. >> OKAY. I HAVE A MOTION AND A SECOND TO APPROVE THE APPEAL TO WAIVER DENIAL. >> THAT IS ONLY CHOICE. APPROVE OR DENY BOTH OF THEM? >> I THINK YOU CAN SPLIT THEM . I'M PROBABLY GOING OUT ON A LIMB. >> GO AHEAD. LET'S HEAR IT. >> IT'S TOO DIFFERENT. ONE IS A RIGHT-TURN, ONE IS A LEFT-TURN LANE?, MAKE SURE. WE DENIED -- LET ME MAKE SURE -- >> LET ME SEE. [01:20:04] >> AND WE CAN'T CHANGE THE LENGTH OF THEM? >> YEAH . >> THAT IS THE STEEP ONE. >> YEAH. >> THE SPEED THOUGH . >> ENGINEERS , ALWAYS . >> COME ON. >> SO -- THE REQUEST WAS TO WAIVE BOTH . THAT WAS THE REQUEST FROM THE APPLICANT? WE DENIED THE REQUEST. >> OKAY. >> IN LAYMAN'S TERMS, WE SENT, THE RIGHT AND LEFT LANE. OKAY? >> OKAY. AGAIN, I'M GOING OUT ON A LIMB, BUT I GUESS YOU COULD SPLIT YOUR DECISION IF YOU SO CHOOSE. >> BUT I DON'T LIKE -- I THINK THAT IS IN OUR INITIATIVE. >> YEAH., THINK THEY HAVE IT -- >> LOOK, WE ARE OPEN TO -- I THINK THAT THE LEFT IS OVERKILL ON THIS SITUATION. I THINK THE MAJORITY OF OUR TRAFFIC IS GOING TO BECOME A LEFT-UP, RIGHT-IN. YOU KNOW WHAT I MEAN? SO, YOU KNOW, BUT I ALSO THINK THAT WE CAN REDUCE THE RIGHT A LITTLE BIT MORE -- IT IS TWICE THE SIZE OF WHAT IS OUT FUNCTIONING IN THESE OTHER ONES. THE ONE NEXT-DOOR , AND MORGAN HILL'S , FOR 115 PEOPLE, ONLY LIKE 75 AND 75. IT IS WANTED 50 FEET, WE ARE 250. YOU KNOW WHAT I MEAN? SO, I THINK, IF Y'ALL FEEL MORE COMFORTABLE ABOUT TRYING TO MAINTAIN THE RIGHT, GET SOMETHING MORE COMPARABLE TO THAT . YOU KNOW WHAT I MEAN? I THINK WE WOULD BE OPEN TO THAT, BUT WE THINK THE LEFT-IN IS OVERKILL, YOU KNOW, BECAUSE THERE'S GOING TO BE VERY FEW, IF ANYBODY, COMING AND GOING -- ENTERING FROM THAT DIRECTION -- JUST BASED UPON THE DATA WE HAVE . >> SOMETHING WENT WRONG. PLEASE TRY AGAIN. >> SORRY. >> SOMEBODY IS TELLING ME THAT? >> I THOUGHT THAT WAS JUST MY CONSCIENCE. >> YEAH. >> SO, APPROVE OR DENY IS REALLY WHERE I FEEL LIKE WE ARE, LANDING WITH APPROVE OR DENY? I THINK, SHOULD ANOTHER CONVERSATION HAPPENED WITH DART, WITH RESPECT TO WHATEVER Y'ALL DECIDE -- TO DO SOMETHING DIFFERENT. THAT IS ALL I CAN REALLY HAPPEN AT THIS POINT. OKAY? SO, I HAVE A MOTION AND SECOND ON THE TABLE. TO APPROVE THIS. >> I HAD ANOTHER QUESTION THEN. SO, HOW WOULD DART -- LET'S SEE -- GOSH, I DON'T KNOW -- AN EXAMPLE OF EITHER WAY -- HOW WOULD DRT INFLUENCE -- WE MAKE A DECISION, HOW DOES DRT PLAN THIS TO INFLUENCE WHAT COMES OUT IN THE END? DOES THAT MAKE SENSE? >> ASKING REALLY HARD QUESTIONS TODAY. SO, ODDLY ENOUGH, WE ALREADY HAVE PLANS THAT SHARE THIS DESIGN . >> RIGHT. >> TYPICALLY, IF THERE IS A REDUCTION IN THE LENGTH OF THE TERM LIKE -- SAY, WE GET A WAIVER REQUEST -- AND WE HAVE DONE THIS MAYBE A COUPLE OF OTHER OCCASIONS, WE HAVE REDUCED THE DESIGN SPEED FOR, SAY, A RIGHT-TURN LANE. THAT IS HANDLED AS PART OF MY ANALYSIS OF THE WAIVER REQUEST. IT IS NOT SOMETHING WE SUBSEQUENTLY DO. IF THIS IS NOT OVERTURNED, THEN THEY HAVE TO MEET THE SPEED LIMIT THAT IS POSTED. >> ALL RIGHT. >> OTHERWISE, WE WOULD HAVE SAID THAT IN OUR RESPONSE. IF I FEEL LIKE THIS CAN HAPPEN A 25-MILE-PER-HOUR DESIGN GUIDE, I WOULD HAVE PUT THAT IN THE WAIVER RESPONSE. >> SO, THE THE RT SORT OF COMMENT IS MOOT? >> YES. AT THIS POINT , IT IS. >> HOWEVER, IF WE MOVE TO APPROVE, WHICH IS CURRENTLY ON THE TABLE -- HOWEVER THAT PLAYS OUT -- AND THE APPLICANT OR DEVELOPER DECIDED TO OFFER SOMETHING ON THAT AS -- >> AS I READ THE REGULATIONS, IT WOULD BE ANOTHER WAIVER REQUEST, BECAUSE YOU BE ASKING TO WAIVE THE DESIGN GUIDELINE AT THIS POINT, JUST LIKE THIS IS A GUIDELINE -- THE SPEED -- IS ALSO A DESIGN PARAMETER THAT THEY HAVE TO MEET, JUST LIKE THE SEWER LINES ARE EVERY OTHER COMPONENT OF THE DEVELOPMENT, IT IS A DESIGN STANDARD. >> OKAY. WE'LL APPROVE, DENY? >> WE HAVE A MOTION ON THE TABLE? >> MOTION AND THE SECOND. >> TO APPROVE. >> I WOULD LIKE TO SEPARATE NOW -- AFTER THAT COMMENT, I WOULD LIKE TO SEPARATE THEM, BUT THAT'S OKAY. I UNDERSTAND YOUR REQUEST TO SEPARATE THEM, BUT I DON'T THINK THE MANUAL GIVES US AN OPTION TO HAVE THEM -- >> 25 MILES PER HOUR ON A 40 [01:25:03] MILE PER HOUR ROAD. >> I UNDERSTAND. OKAY. MOTION AND A SECOND. IT IS ON THE TABLE TO APPROVE THIS. >> THE WAIVER? >> APPROVE THE WAIVER , WHICH ALLOWS THEM TO MOVE FORWARD WITH NO TURN LANE EITHER WAY. ROLL CALL, PLEASE. >> REESE? >> YES. >> CAMP? >> NO . >> CHANSLER? >> YES. >> WISDOM? >> YES . >> BIRMINGHAM? >> NO. >> AISTRUP? >> YES. >> JENNIFER STEVENS? >> YES. >> DAVIS? >> NO. >> I HAVE THREE. >> OKAY . THAT CONCLUDES ALL THE ITEMS OF BUSINESS FOR THIS [STAFF COMMUNICATION] EVENING. DO YOU HAVE ANY COMMUNICATION ? >> YEAH. YEAH. YES. RHETORICAL QUESTION. HOW WAS Y'ALL'S FIRST MEETING? DID Y'ALL ENJOY THAT? SO, I THINK THE ONLY THING THAT I NEED TO MENTION -- JUST GOING TO WRITE SOME UPDATES ON THE PDD ORDINANCE, AND THE SUBDIVISION REGULATIONS. SO, WE'RE FINISHING UP THE STAFF SIDE OF THE SUBDIVISION REGULATIONS NOW. THOSE ARE GOING TO GO FOR LEGAL REVIEW NEXT WEEK. WE DISCUSSED LEGAL REVIEW DONE FOR THE COMPUTING ORDINANCE, SO, WE'RE PROBABLY GOING TO SIT DOWN AND KIND OF MAKE SURE THAT THAT IS GOOD, AND THEN WE WILL LIKELY SCHEDULE A WORK SESSION WITH Y'ALL, BUT AUGUST IS PRETTY SPOKEN FOR. SO, I WILL SEND AN EMAIL OUT, JUST KIND OF TRY TO FIGURE OUT DATES BY SEPTEMBER, THEN WE'LL GET THAT IN FRONT OF Y'ALL , AND THEN FROM THERE, IT WILL WAIT AND GO TO COUNCIL. SO, THOSE ARE THE PDD RANKS. THEN, SUBDIVISION RANKS, ONCE WE GET THAT -- PRETTY QUICK TURNAROUND ON THE PUD REVISIONS -- I IMAGINE WE WILL PROBABLY HAVE TO SIT DOWN ABOUT THAT AS WELL, JUST BECAUSE THERE ARE SERIOUS IMPLICATIONS. WE NEED TO MAKE SURE THAT WE ARE IN LINE WITH EVERYTHING THAT THE CITY ALLOWS US TO DO, AND THE THINGS THAT WE ALSO, WITH AS A CITY AND LONGEVITY, APARTMENT RATES, ET CETERA. SO, HOPEFULLY, THAT ONE HAS A QUICKER TIMELINE. WE CAN GET THAT ONE BACK ONTO THE SEPTEMBER AGENDA FOR THE SUBDIVISION READINGS AND THE -- GET AN EMAIL FOR YOU ABOUT SCHEDULING FOR SEPTEMBER FOR THE WORK SESSION IN THE EVENING SOMETIME. >> OKAY. PERFECT. A MOTION -- >> BEFORE WE HAVE THAT MOTION, I WOULD LIKE TO MAKE A POINT, THAT THE 2040 PLANNING EFFORT IS IN FULL SWING NOW, CURRENTLY, AND I WAS ABLE TO ATTEND THE TRANSPORTATION COMMITTEE MEETING THE OTHER DAY, AND IT WAS GREAT. THERE WAS PEOPLE THERE THAT ARE ENGAGED -- THE ONES THAT HAVE BEEN TABBED TO BE THE EMCEES, DOING A GREAT JOB . I HIGHLY ENCOURAGE EVERYBODY UP HERE TO GO -- EVERYBODY OUT THERE TOO -- GO SEE THIS STUFF GOING ON, BECAUSE IT IS WHERE WE ARE HEADED. >> THANK YOU, PHIL. MOTION TO ADJOURN? >> SO MOVED. >> MOTION TO ADJOURN * This transcript was compiled from uncorrected Closed Captioning.