Apr 09, 2026 Planning & Zoning Commission

[00:00:02]

DREW IT TO ME. OKAY. GOOD AFTERNOON EVERYBODY. WELCOME TO THE APRIL 9TH PUBLIC HEARING OF THE JEFFERSON COUNTY PLANNING AND ZONING COMMISSION. I'M KEN LOWERY AND I'M THE CHAIRMAN OF THE COMMISSION TODAY. WELL, ALL YEAR, ACTUALLY, BUT NOT JUST TODAY. SO THE TIME IS 1:00, AND WE'RE BEGINNING OUR SCHEDULED HEARING. BEFORE WE PROCEED, IF YOU HAVE ANY PHONES THAT ARE NOT ON SILENT, WOULD YOU PLEASE PUT THEM THERE? OH, APPRECIATE THAT. JUST TO MINIMIZE OUR DISRUPTIONS. SO. OKAY, SO THE COMMISSION IS CHARGED WITH REGULATING THE SUBDIVISION OF PROPERTY AND UNINCORPORATED AREAS OF THE COUNTY. AND THE DEFINITION OF SUBDIVISION IS DIVISION OF ANY LAND INTO TWO OR MORE LOTS FOR THE PURPOSE OF DEVELOPMENT OR SALE. AND YOU'LL SEE ON THE AGENDA THAT A MAJORITY OF OUR CASES ONLY INVOLVE DIVISION OF PROPERTY INTO FOUR LOTS OR LESS ADJACENT PROPERTIES. OF EACH SUBJECT PROPERTY FOR EACH SUBDIVISION HAVE BEEN NOTIFIED BY MAIL AND IN ADDITION, ADVERTISEMENTS WERE PUBLISHED AND SIGNS WERE POSTED ON THE AFFECTED PROPERTIES CONTAINING FIVE OR MORE LOTS. THE COMMISSION IS ALSO RESPONSIBLE FOR ADMINISTERING THE COUNTY'S COMPREHENSIVE PLAN AND FUTURE LAND USE AMENDMENTS. WE EVALUATE REZONING CASES FOR THEIR CONSISTENCY WITH THE PLANNING POLICIES AND ZONING REGULATIONS, AS THEY PERTAIN TO THE UNINCORPORATED AREAS OF THE COUNTY AND PROVIDE RECOMMENDATIONS TO THE COUNTY COMMISSION, WHICH MAKES FINAL DECISIONS ON REZONING CASES. SO IN MORE LAYMAN'S TERMS. SO FOR REZONING CASES, WE MAKE A RECOMMENDATION AND IT GOES TO THE COUNTY COMMISSION. THEY MAKE THE FINAL DECISION. AND FOR ZONING CASES, PROPERTY OWNERS WITHIN 500FT OF EACH CASE WERE NOTIFIED BY MAIL.

LEGAL ADVERTISEMENTS WERE PUBLISHED AND SIGNS WERE POSTED ON THE AFFECTED PROPERTIES. AND AS PART OF OUR RESPONSIBILITY, WE CONDUCT OUR PROCEEDINGS IN ACCORDANCE WITH THE FEDERAL FAIR HOUSING LAWS. THE FAIR HOUSING ACT PROHIBITS DISCRIMINATION IN HOUSING BASED ON RACE, COLOR, RELIGION, SEX, FAMILIAL STATUS, NATIONAL ORIGIN, DISABILITY, FINANCIAL STATUS OR HOUSING ARRANGEMENTS. AND THE COMMISSION IS COMMITTED TO ENSURING FAIR, LAWFUL AND EQUITABLE LAND USE PRACTICES IN ALL MATTERS THAT COME BEFORE US. MAY I HAVE A ROLL CALL FOR TODAY'S MEETING, PLEASE? IAN LOWERY, PRESENT. J. MILLER PRESENT. MARC ZIEGLER HERE.

PATRICK GILBERT PRESENT. JOSEPH ANDREWS, KENNETH KOCH HERE. SHRUTI STRING HERE. KENNY MCCLEARY HERE. ZERO HERE. CALEB BROWN HERE. MR. CHAIRMAN, WE HAVE. ALL RIGHT. GREAT. THANK

[Additional Item]

AFTER I RECOGNIZE YOU AND BEFORE YOU. BEFORE WE DO ANYTHING ELSE, I'D LIKE YOU TO STATE YOUR NAME AND ADDRESS SO WE'LL HAVE THAT FOR THE RECORD. AND THE CONVERSATION IS BETWEEN YOU AND I WHEN YOU COME UP TO THE PODIUM. SO PLEASE DIRECT YOUR YOUR QUESTIONS AND COMMENTS TO ME AND OKAY, SO THAT'S ALL THE THAT'S ALL THE GET READY STUFF. WE'LL GET INTO THE FIRST CASE AND WE'RE GOING TO DO SUBDIVISION CASES AND I'LL BE ANNOUNCING THEM SEPARATELY AND I'LL CALL FOR OPPOSITION. AND THAT'S B OPPORTUNITY TO COME TO THE

[S-24-0095 Valerie & Murray Feenker, owners; Noah Feenker, agent; Final Plat of Resurvey of Lots 3 & 4 of Mt. Olive Mobile Home Subdivision, One (1) lot proposed. Property zoned A-1 (Agriculture). PID# 1400062000024005 in section 06 / Township 16 / Range 3 W. (Site address 5816 Goode Road, Mount Olive, 35117)(1.15 acres +/-)]

[S-26-0011 Jackie Turner, owner; Turner’s Addition to Camp Nod Road, Two (2) lots proposed. Property zoned A-1 (Agriculture). PID# 1900100000038000 in section 10 / Township 17 / Range 6 W. (Site address 499 Camp Nod Road, Hueytown, 35023)(20 acres +/-)]

[00:05:05]

[S-26-0012 Eastern Valley Partners LLC, owner; Rhett Loveman, agent; Vintage Trace Subdivision, Forty-one (41) lots proposed. Property zoned R-1 (Single Family). PID# 4300121000001000 in section 12 / Township 20 / Range 5 W. (Site address 6551 G & H Road, McCalla, 35111)(26.8 acres +/-)]

THAT'S THE MAIN CONCERN. I'M NOT AGAINST GROWTH. I'M NOT AGAINST, YOU KNOW, SUBDIVISIONS IN GENERAL. BUT WE MOVED OUT OF THE CITY TO BE IN A AGRICULTURAL FARM COMMUNITY WITH A LOWER, SLOWER LIFE. AND SUBDIVISIONS TEND TO BRING A LOT MORE NOISE, ACTIVITY AND TRAFFIC. SO THAT'S OUR MAIN CONCERN IS THAT ACCESS ROAD, BECAUSE IT LOOKS TO ME LIKE IT MIGHT BE DIRECTLY ACROSS FROM MY FRONT DOOR. SO I WANT TO KNOW WHAT IT WOULD LOOK LIKE, WHAT THE PROPOSAL IS AND WHAT IT COULD LOOK LIKE IN THE FUTURE. SO THANK YOU, MISS ANDERSON. WE CAN TALK SOME MORE ABOUT IT AND HANG ON JUST A SECOND. I'LL I'LL TALK SOME MORE ABOUT IT AND WE'LL SHOW YOU THE DRAWINGS AND WHAT IT'S FOR A LITTLE BIT MORE DETAIL.

HOPEFULLY IT'LL LEAVE SOME OF YOUR CONCERNS. OKAY. THANK YOU. ALL RIGHT, SIR. NAME AND ADDRESS TO PLEASE TO START. MICHAEL SMITH, 6516 VINTAGE STREET IN MCCALLA 35111.

WELCOME, MR. SMITH. ALL RIGHT. JUST IN CASE, THE GENTLEMAN THAT SPOKE EARLIER DIDN'T COVER THE TOPIC OF THE PRICING FOR THESE NEW HOMES THAT THEY'RE PLANNING TO BUILD THESE 41 LOTS.

I'M WE'RE CURIOUS TO UNDERSTAND, YOU KNOW, WHAT'S THE PRICE RANGE? I KNOW THEY'RE BUILDING

[00:10:03]

OKAY. THANK YOU, MR. SMITH. WHEN THE APPLICANT COMES UP, WE'LL ASK HIM AND GET THAT ANSWER FOR YOU. OKAY. IS THERE ANYONE ELSE IN OPPOSITION TO THIS SUBDIVISION CASE? IS THE APPLICANT PRESENT? WOULD YOU COME UP AND GIVE US YOUR NAME AND ADDRESS? AND AS YOU IMAGINE, I HAVE A COUPLE OF QUESTIONS FOR YOU. IF YOU WANT TO ADDRESS THEIR COMMENTS FIRST, YOU CAN OR I CAN LEAD YOU THAT WAY IF YOU WANT. YEAH, LET'S WE'LL DO SOME OTHER THINGS FIRST AND THEN MY. SO. RHETT LUBMAN AND MARGARET LUBMAN, 24 WOOD HILL ROAD, BIRMINGHAM, ALABAMA 35213.

I'M SORRY, WHAT WAS YOUR WHAT WAS YOUR NAME AGAIN? RHETT LUBMAN. YES. THANK YOU. MR. YOU'RE WELCOME. SO THIS IS A OBVIOUSLY THE PROPERTY IS ZONED FOR THIS USE. AND WHEN THE PROPERTY WAS ZONED, I THINK BACK IN THE EARLY 2000, THERE WERE SOME RESTRICTIVE COVENANTS PLACED ON THE LAND. JUST A FEW OF THOSE WERE THAT THE MINIMUM LOT SIZE HAD TO BE 22,000FT■S, EXCEPT FOR THERE WERE A FEW ON SOME OF THE STREETS THAT HAD TO BE 20,900FT■S. SO WE ACCOMMODATE AND MEET THOSE REQUIREMENTS. THERE HAD TO BE CERTAIN COMMON AREA SPACES WHICH WE ACCOMMODATE, AND AS PART OF THE RESTRICTIVE COVENANT PLACED ON IT IN 2003, THERE HAD TO BE EITHER AN ACCESS TO JIAN.H ROAD OR A TURN LANE OUT ON EASTERN VALLEY ROAD INTO THE NEIGHBORHOOD. SO WE ARE DOING A TURN LANE OUT ON EASTERN VALLEY ROAD THAT WILL BE A DEDICATED LEFT TURN INTO THE NEIGHBORHOOD. AND THEN THE COUNTY ALSO WANTED A SEPARATE EMERGENCY ACCESS FOR G AND H IN CASE THERE WAS EVER A FIRE OR DOWNED TREES, AND THEY NEEDED TO GET BACK TO THIS PHASE, THEY WOULD HAVE A GATED EMERGENCY ACCESS FOR EMERGENCY VEHICLES, SO THERE'LL BE NO PEDESTRIAN A LITTLE BIT AND I'LL TRY TO. SO TELL US A LITTLE BIT ABOUT THE EMERGENCY ACCESS, WHAT IT'S USED FOR AND HOW IT'S GOING TO BE SECURED. IT'S SECURED WITH A GATE. MY UNDERSTANDING IS THAT ONLY EMERGENCY APPROPRIATE EMERGENCY PEOPLE, POLICE, FIREMEN WILL HAVE ACCESS WITH A, YOU KNOW, KNOCK BOX AND THEY CAN RAISE AND LOWER THE GATE ONLY THEM.

SO THERE'LL BE NO PEDESTRIAN TRAFFIC. AND THE SOLE PURPOSE FOR THE GATE IS TO ALLOW FOR EMERGENCY ACCESS IN CASE THERE WAS AN EMERGENCY IN THE MAIN ENTRANCE WAS BLOCKED. OKAY.

THANK YOU. SORRY TO INTERRUPT YOU JUST A LITTLE BIT MORE DETAIL FOR US. SO AS PART OF THIS, YOU KNOW, WE WERE TALKING TO MR. KNIGHT, AND HE WAS RELIEVED TO HEAR THAT THERE'LL BE A DEDICATED LEFT TURN LANE OUT ON EASTERN VALLEY FOR THIS SUBDIVISION, BECAUSE I THINK IT'S BEEN A PROBLEM IN THE PAST, SO WE'LL BE HANDLING THAT. OTHERWISE, WE MEET ALL OF THE SUBDIVISION AND ZONING REGS WE'VE ALREADY HAD. YOU KNOW, WE'VE GOTTEN SOME COMMENTS BACK OBVIOUSLY, WHICH WILL HAVE TO BE ADDRESSED WITH THE ADMINISTRATIVE STAFF. BUT THAT'S IT IN A NUTSHELL. OKAY. SO I HAVE A COUPLE OF QUESTIONS, BUT I'M SUPPOSED TO ASK MY FELLOW COMMISSIONERS FIRST. SO THE COMMISSIONERS HAVE ANY QUESTIONS FOR THE APPLICANT? NO, MR. CHAIRMAN, I HAVE ONE. WHERE WHAT ENTRANCE WOULD THAT TURN LANE BE AT? WHAT'S THE IS THE SOUTHERN ENTRANCE OR THE NORTHERN ONE? IT'S NOT SHOWN ON HERE. THIS IS THE FIFTH AND SIXTH PHASES OF A SUBDIVISION. WE HAVE A WE HAVE ANOTHER MAP. WOULD YOU CHANGE THE MAP THAT SHOWS THE WHOLE DIVISION. SO IT'S DOWN, DOWN. YEAH. DOWN THERE. THERE'S EASTERN VALLEY DOWN THERE. OKAY. SO SO YOU COME INTO THE SUBDIVISION RIGHT HERE, RIGHT THERE. IF THAT MAP KEPT GOING, THAT'S WHERE YOU COME IN. OKAY. THANK YOU. THANK YOU, MR. CHAIRMAN. WERE THERE ANY OTHER QUESTIONS FROM THE COMMISSIONERS? OKAY, SO ONE OF THE I BELIEVE, MR. SMITH, HE WAS CURIOUS, WHAT'S YOUR PRICE POINT ON YOUR PROPERTIES, MR. CHAIRMAN? POINT OF ORDER. I DON'T BELIEVE THAT'S AN APPROPRIATE QUESTION FOR THE PLANNING AND ZONING COMMISSION TO ADDRESS BASED ON. IT HAS NOTHING TO DO WITH THE REQUEST FOR THE SUBDIVISION. OKAY. SO MAYBE YOU COULD. MY MY ONE COMMENT. OKAY. SO. I'LL JUST WE ARE THE DEVELOPER. WE'RE NOT THE BUILDER. OKAY. I HAVE A BUILDER. OKAY. SO I CAN'T GIVE YOU PRICE POINTS. OKAY, WELL THEN I'M GOING TO ASK FOR IT ANYMORE. SO. ALL RIGHT, ANY OTHER QUESTIONS FROM THE COMMISSIONERS? ALL RIGHT. IF NOT, MAY I HAVE A MOTION, MR. CHAIRMAN? I MOVE TO APPROVE CASE NUMBER S 26 0012 SECOND. ALL RIGHT. I HAVE A MOTION SECOND. ALL IN FAVOR, PLEASE SAY AYE. ANYONE OPPOSED? ALL RIGHT, MOTION PASSES. THANK YOU. OUR NEXT SUBDIVISION CASE IS S

[S-26-0013 Terry & Karon Helton, owners; Garrett Prater, agent; Helton’s Addition to Sheperd Lane No.1, One (1) lot proposed. Property zoned A-1 (Agriculture). PID# 1300164000018000 in section 16 / Township 16 / Range 2 W. (Site address 4535 Sheperd Lane, Tarrant, 35217)(10.55 acres +/-)]

[00:15:01]

35217. THANK YOU AND WELCOME TODAY. YOU'RE WELCOME. THANK YOU. WE'RE NOT REALLY PER SE IN OPPOSITION. WHAT WE NEED IS CLARIFICATION. THE LETTER THAT WAS SENT WAS WANTING TO KNOW ABOUT PROPERTY LINES. WHAT PROPERTY LINE WAS THERE A QUESTION ABOUT. AND MY UNDERSTANDING FROM THE GENTLEMAN THAT YOU SAY IS THE OWNER, THAT HE DOESN'T OWN IT.

AND WE'D LIKE TO KNOW WHO DOES AND WHO WAS THE ONE THAT REQUESTED THE SURVEY. OH, SO YOUR QUESTION IS YOU WERE LIKE TO KNOW, CLARIFICATION OF THE OWNER AND THERE WAS AN ISSUE WITH THE PROPERTY LINE. WELL, WE DON'T KNOW. THAT'S WHAT THE LETTER SAYS. THEY'RE ASKING TO MAKE SURE THAT THE SURVEY THEY'VE DONE WAS CORRECT. OKAY. WELL THEN. BUT THEY'VE ALSO GOT IT LISTED AS TERRY AND KAREN HELTON'S PROPERTY AND TEARING. KAREN DON'T OWN IT. THEY THEY'VE GOT THEM LISTED AS OWNING 10.55 ACRES. HE ONLY OWNS FIVE I MEAN NINE POINT SOMETHING. SO IT'S AN ACRE THAT'S MISSING. OKAY. WE'LL GET SOME QUESTIONS FROM STAFF ABOUT THAT FOR YOU. OKAY. WELL I'LL ASK THEM AND GET THE ANSWERS FOR YOU. OKAY? OKAY. ALL RIGHT.

WAS THAT EVERYTHING YOU HAD TODAY? WELL, WE WANT TO KNOW WHO DID OWN IT. WHO DOES OWN IT.

OKAY. WELL, WE'LL WE'LL HAVE THE INFORMATION. SO AND I'LL I'LL GET THAT FOR YOU. WE'LL ANDREW'S GOING TO HELP US OUT HERE IN JUST A MINUTE. AND, AND ALSO, YOU KNOW, WHERE WAS THE DESCRIPTION THEY WERE CONCERNED ABOUT. OKAY. ALL RIGHT. ANDREW, YOU WANT TO GIVE US SOME ANSWERS ON THAT, PLEASE. SURE. THIS IS A THIS PROPERTY WAS IT HAD AN IMPROPER SPLIT BY DEED ON IT A NUMBER OF YEARS AGO, AS WELL AS A PART OF A RECORD OF A PART OF A LOT THAT RECORDED A LONG, LONG TIME AGO. I BELIEVE THERE WAS A, A PERMIT THAT WAS SOMEONE WAS TRYING TO ACQUIRE TO PUT A HOME, A MOBILE HOME ON THE SITE, AND WE FLAGGED IT AND SAID THE PROPERTY SPLIT. SO THEY HAD TO SURVEY THIS TRACK LAND. THERE'S A LOT OF RECORD THAT WOULD BE PERMANENT. SO IT'S IT'S 10.55 ACRES. THAT'S WHAT THE SURVEYOR, THAT'S WHAT THEY SURVEY ON THIS LINE. SO.

BUT HE. BUT THE GENTLEMAN THAT OWNS THAT PROPERTY, WHO'S, WHO IS IT THAT OWNS THE PROPERTY.

WELL, I DON'T KNOW WHO OWNS THE LOT THAT YOU'RE TALKING ABOUT, BUT TERRY HELTON, THAT'S THAT'S WHO WE HAVE AS THE OWNER. WELL, HE DOES NOT OWN THAT LITTLE SPOT THAT THEY'RE TALKING ABOUT.

HE SAYS THERE'S A COUPLE. THERE WAS A PIECE THAT WAS SPLIT OFF OF IT RIGHT HERE. AND IN FACT, THEY'RE GOING TO HAVE TO COME UP WITH A SUBDIVISION HERE AS WELL. SO YOU'RE GOING TO GET SOME TIME WHEN SOMEONE TRIES TO GET A PERMANENT. HE DOESN'T OWN THAT AS PROPERTY SPLIT. IT'S A SUBDIVISION. AND THAT'S WHY HE'S HAVING TO SURVEY HIS PIECE OF LAND. WHO IS HE HELPING? HOW ABOUT THIS IS 10.55 ACRES THAT THEY OWN 20 MILLION TAX. ACCORDING TO HIM, HE ONLY OWNS NINE POINT SOMETHING ACRES. OKAY. SURVEYOR HAS 10.55. ALL RIGHT, SO HANG ON, LET'S LET'S TIME UP FOR A SECOND. SO HANG ON, HANG ON. SO IS THE SURVEYOR FOR THE PROPERTY HERE. THERE HE IS. FANTASTIC. MA'AM, WOULD YOU YIELD THE PODIUM TO HIM AND LET. LET US ASK HIM AND GET SOME DETAIL. THANK YOU. AND IF YOU DON'T KNOW BY NOW, NAME AND ADDRESS TO START, PLEASE. YEAH.

GARRETT PRATER, I'M WITH GONZALEZ STREET ASSOCIATES, 1550 WOODS RIVER DRIVE IN HOOVER. THANK YOU, MR. PRATER. WELCOME. YEAH. WE WAS ASKED TO RESURVEY THE EXISTING PROPERTY LINES THAT MR. HILTON OWNS. HAS THE CURRENT DEED OF RECORD THAT MR. HILTON OWNS. AND AS ANDRE MENTIONED, IT IS A PORTION OF A LOT, A VERY, VERY OLD SUBDIVISION LOT, AS WELL AS SOME ACREAGE, JUST KIND OF BEEN LEFT BEHIND OVER THE YEARS. BUT, YOU KNOW, WE'RE REALLY CHANGING.

NO PROPERTY LINES. THE PROPERTY LINES ARE WAY THEY CURRENTLY EXIST, YOU KNOW, COMPARING WITH DEEDS OF RECORDS OF ADJACENT OWNERS. AS FAR AS, YOU KNOW, REALLY THE ONLY THING WE WERE DOING TO MODIFY THIS PROPERTY LAYOUT IS DEDICATING RIGHT OF WAY ALONG SHEPHERD LANE PER COUNTY COMMENTS. AND FOR FOR THE PARCEL LINE QUESTIONS HERE, WHAT'S THE ACREAGE ON THEM?

[00:20:04]

I'M NOT FINISHED YET. PLEASE. OKAY. AND SO ANDREW, SHE WAS TALKING ABOUT A PROPERTY THAT WASN'T OWNED BY THE HILTONS. CAN YOU TELL ME WHAT THAT'S ABOUT? IS THAT PARCEL RIGHT IN THERE? SO ORIGINALLY. SO THE REASON WANTS TO BE IN SURVEY IS BECAUSE THERE WAS A PIECE THAT WAS IMPROPERLY SPLIT OFF AS WELL AS AS PART OF RECORD. SO TWO REASONS WHY WAS THE SPLIT.

I BELIEVE IT'S RIGHT HERE. YES IT IS. IT IS OKAY. THAT MAY BE THE THE PIECE OF LAND THAT YOU'RE. YEAH. THE HILTON'S DEED ALSO DESCRIBES LIKE ANDREW SAID, THE SMALL PORTION ON THE EAST SIDE OF WHAT WE'RE CERTIFYING TO HERE. IT WAS IMPROPERLY SPLIT BY BY A LEGAL DESCRIPTION INDEED RATHER THAN A PLAT. OKAY. ALL RIGHT, I THINK I UNDERSTAND. WOULD YOU LIKE FOR ME TO ANSWER A LITTLE BIT FOR YOU? SHOW HIM THIS AND TELL ME IF IT'S WHAT I THINK IT IS. YES I WILL. YES, MA'AM. WE ARE SURVEYING THIS. THE HILTON'S DEED OWNS THIS. AND THIS. YES. ALL I'M SURVEYING FOR HIM IS THIS. OKAY. AND THIS RIGHT HERE IS THE WAS. WHAT WAS THIS? THIS SURVEY, THIS PIECE OF PROPERTY YOU SEE RIGHT HERE IS WHAT IS SHOWN ON THIS MAP ON THE SCREEN. WELL.

WHERE IS THE EXTRA LOT THAT HE SAID HE DIDN'T KNOW THAT. I'M NOT SURE THAT IS WHAT HE CURRENTLY RETAINS IN THE AREA. OKAY. WELL I JUST WANT TO MAKE SURE WE WASN'T HAVING A NEIGHBOR WE DIDN'T KNOW. NOPE. THAT'S THAT'S THAT'S THE PROPERTY BY THE THAT THE HILTON ZONE. OKAY. THANK YOU VERY MUCH. YES MA'AM. YES. THANK YOU BOTH. APPRECIATE IT. ANY QUESTIONS FROM THE IS THERE ANYONE ELSE IN OPPOSITION TO THE SUBDIVISION CASE? ALL RIGHT.

ANY QUESTIONS FOR THE APPLICANT. ALL RIGHT. THANK YOU. CAN BE SEATED. MAY I HAVE A MOTION ON THE CASE, PLEASE? MR. CHAIRMAN, I MOVE FOR APPROVAL ON CASE NUMBER S 26 0013 SECOND. ALL RIGHT, I HAVE A MOTION A SECOND. ALL IN FAVOR, PLEASE SAY AYE. AYE. ANYONE OPPOSED? ALRIGHT.

[S-26-0015 Sylvia and Karen Brown, owners; Jeffrey Wright, agent; Brown Family Subdivision, Four (4) lots and two (2) conservation lots (not for development) proposed. Property zoned A-1 (Agriculture). PID#s 0500240000016000, 0500250000016001 in section 24 & 25 / Township 15 / Range 5 W. (Site addresses 6946 & 6964 Doc Owens Road, Dora, 35062)(62.7 acres +/-)]

MR. CHAIRMAN, I MOVE FOR APPROVAL ON CASE NUMBER S 26 0015 SECOND, MR. CHAIRMAN, SORRY FOR THE DISCUSSION. WOULD YOU CONSIDER MODIFYING YOUR MOTION? I WOULD, I WOULD I LIKE TO MODIFY, MR. CHAIRMAN, I'D LIKE TO MODIFY MY MOTION FOR APPROVAL, BUT WITH AN EXCEPTION TO THE SUBDIVISION REGULATIONS TO ALLOW LOTS ONE, THREE AND FOUR TO RECORD IT WITH NO ROAD FRONTAGE. SECOND. ALL RIGHT. NOW I HAVE A MOTION. AND SECOND, ALL IN FAVOR, PLEASE SAY I, I

[S-26-0016 Birmingham Investors LLC, owner; Sheila Stephenson, agent; Birmingham Investors Resurvey No. 1, Two (2) lots proposed. Property zoned INST-2 (Institutional), Unincorporated Jefferson County; QD5 (Qualified Multiple Dwelling District), City of Birmingham. PID# 2900273000006001 (Unincorporated Jefferson County parcel) in section 27 / Township 18 / Range 3 W)(Site address 285 West Oxmoor Road, Homewood, 35209)(5.6 acres +/-)]

SHEILA STEVENSON IS THE APPLICANT. THE REQUEST IS BIRMINGHAM INVESTORS RESURVEY NUMBER ONE TWO LOTS PROPOSED. THE ADDRESS IS 285 WEST OXMOOR ROAD IN HOMEWOOD. IS THERE ANYONE HERE IN OPPOSITION? IF YOU'D PLEASE COME UP? AND IF I DON'T MENTION IT, SOMEBODY I'LL FORGET. NAME AND ADDRESS TO START, PLEASE. MY NAME IS WILLIAM HUDSON, 2685 ALTADENA ROAD. I'M THE CHAIRMAN OF THE ADMINISTRATIVE COMMITTEE AT HOMEWOOD CHURCH OF CHRIST, AND WE ARE NEIGHBORS TO THE PROPERTY. AND WE HAVE SOME QUESTIONS THAT, DEPENDING ON THE ANSWERS, WOULD DETERMINE WHETHER IT WAS OPPOSITION OR NOT. OKAY. THANK YOU, MR. HUDSON. GO AHEAD. THE FIRST QUESTION WAS THE THE THE NOTICE THAT WE RECEIVED INDICATED A SIZE OF 5.6 ACRES. BUT WHEN YOU LOOKED UP THE LOT, IT'S MUCH SMALLER THAN THAT. AND IT'S ALSO THE LOT THAT CONTAINS THE ASSISTED LIVING FACILITY THAT IS ADJACENT TO OUR PARKING LOT AND IS ACCESSED THROUGH OXMOOR ROAD. AND OUR UNDERSTANDING FROM TALKING WITH THE OWNER OF THE ASSISTED LIVING OWNERS OF THE ASSISTED LIVING FACILITY. IS THAT THE INDICATION WE WERE

[00:25:05]

THIS IS THIS. THIS PROPERTY IS PRIMARILY ALL IN THE CITY OF BIRMINGHAM. THERE'S A THERE'S A SMALL PIECE RIGHT HERE. UNINCORPORATED AREA, AS WELL AS SOME ADDITIONAL COMMISSION HERE TODAY. OKAY. IT'S A TWO LOT SUBDIVISION OF THE OF THIS OF THIS PROPERTY. THE LOT NUMBER TWO IS WHAT'S BEING MORE OR LESS CREATED FROM THIS SURVEY. ACCESS TO MONEY. THERE'S NO RECORDED EASEMENTS. THERE'S NO NEW RECORDED EASEMENTS THROUGH LOT ONE TWO, THREE. LOT TWO. SO THAT WOULD ASSUME THAT ALL ACCESS WOULD HAVE TO COME THROUGH. OKAY. BUT IN TERMS OF ZONING, THINGS LIKE THAT IN DEVELOPMENT, WE CAN'T ANSWER THOSE QUESTIONS BECAUSE THAT'S WHAT OUR PURVIEW THAT'S NOT THAT'S NOT OUR JURISDICTION. SO ALL YOU'RE DOING IS SPLITTING THE BACK HALF OF THE ASSISTED LIVING LOT OFF INTO A SECOND LOT. AND THEN THERE'S WHEN DOES THE REST OF THIS STUFF HAPPEN THEN THAT THEY'RE TELLING US ABOUT? SO THERE'S ANY CHANGE IN THE ZONING THAT WOULD COME TO THE CITY OF BIRMINGHAM. OKAY, SO THIS LOT TWO IS IN THE CITY OF BIRMINGHAM, CORRECT? CORRECT. IT'LL HAVE TO BE PLATTED AND APPROVED BY THEIR COMMISSIONER.

OKAY. AND LOT ONE AND LOT ONE IS NOT. IT IS LIKE I SAID, THIS IS A LITTLE TINY SLIVER. IT'S KIND OF FUNNY. YEAH. SEE THIS LITTLE GREEN STROKE RIGHT HERE? THAT'S ZONING. IT'S AN INSTITUTIONAL TWO. THAT'S WHAT ACTUALLY IS IN THE COUNTY. SO THERE'S NOTHING ON IT. IT'S A BUFFER, A LANDSCAPE BUFFER MORE OR LESS. RIGHT. WHAT DO YOU EXPECT? SO THAT'S THE ONLY REASON WHY IT WAS NEVER IT WAS NEVER ANNEXED TO THE CITY OF LONDON. OKAY. ALL RIGHT. AND THEN WE WERE JUST HERE A FEW MONTHS AGO WITH THESE OTHER LOTS TO THE LEFT HERE THAT WERE REZONED WITH COVENANTS FOR, FOR. GAS STATION FAST FOOD CONVENIENCE. AND SO THAT WAS PART OF OUR CONCERN WITH THE INCREASE IN TRAFFIC WITH THAT. THAT'S WHY WE'RE HERE. SO. ALL RIGHT. THANK YOU, MR. HUDSON. ALL RIGHT. LAST CALL. ANY OTHER OPPOSITION TO THIS SUBDIVISION CASE? ANY QUESTIONS FROM THE COMMISSIONERS? MAY I HAVE A MOTION, PLEASE, MR. CHAIRMAN? I MAKE A MOTION FOR APPROVAL ON CASE NUMBER S 26 0016 SECOND. ALL RIGHT, I HAVE A MOTION A SECOND. ALL IN FAVOR, PLEASE SAY AYE. AYE. OPPOSED? ALL RIGHT. MOTION PASSES. THANK YOU.

SO NEXT WE'RE GOING TO HEAR SPECIAL USE PERMIT REQUEST WITH COMPANION REZONING CASES. THE STAFF WILL PRESENT THE CASE TO THE BOARD. WILL ACTUALLY I'M GOING TO PRESENT THE CASE.

SORRY. AND THEN WE'LL CALL FOR OPPOSITION. THE APPLICANT AND OR THEIR REPRESENTATIVE MAY BE ASKED TO COME FORWARD AND ANSWER ANY QUESTIONS. AND WE'LL HAVE A 15 MINUTE TIME LIMIT FOR EACH ONE. SO BEFORE I GET STARTED, I'M GOING TO GIVE ME A LITTLE WET MY THROAT JUST A MOMENT. OKAY. ALL RIGHT. I'M READY TO GO. SO THIS IS A BIG CASE NUMBER. IT'S 26002SU SLASH

[260002SU/MISC260018 Donna, Kenneth, Tim & Glenn Richards, owners; request a Special Use permit to allow a mobile home for family use only in addition to an existing mobile home. Property zoned A-1 (Agriculture). PID# 320021000006000 in section 21/ Township 18/ Range 6W. (Site address 9709 Camp Oliver Rd, Adger, 35006)(4.5 Acres +/-)]

[00:30:05]

[260003SU/MISC260124 Lea Nichole & Scott Gamble (Life Estate), owners; Robert Gamble, agent; request a Special Use permit to allow a mobile home for family use only in addition to an existing single-family residence. Property zoned A-1 (Agriculture). PID# 08001000000047003 in section 10/ Township 15/ Range 2W. Lot 2/Gable Family Subdivision. (Site address 8106 Brooks Rd, Adger, 35116)(13.4 Acres +/-)]

[LUA-2026- 004 Jefferson County Board of Education, owner; Jim Mitchell, agent; Minor land use map amendment from the “Neighborhood Center” to the “Mixed Residential” or “Suburban” designation. Property zoned INST-1 (INSTITUTIONAL-1). PID# 2200083001026000 in section 08/ Township 17/ Range 3 W. (Site address 1520 Cherry Avenue, Birmingham, 35214)(6.58 Acres +/-)]

SO I'LL TRY TO EXPLAIN THIS AGAIN. SO IN ORDER FOR US TO HEAR THE ZONING CASE, WE HAVE TO HAVE A LAND USE AMENDMENT THAT WOULD ALLOW THIS TO BE REZONED TO WHAT THEY'RE ASKING FOR. SO WE'RE WE'RE PROPOSING AN AMENDMENT TO THE LAND USE PLAN FIRST THAT HAS TO PASS BEFORE WE CONSIDER THE REZONING. SO WOULD ANYONE LIKE TO SPEAK? YOU'RE WELCOME TO COME UP, AND I'LL TRY TO KEEP IT ON TRACK FOR YOU. NAME AND NAME AND ADDRESS TO START, PLEASE. OKAY.

HELLO, I'M ANGELA JONES KING. I LIVE AT 929 CAGLE ROAD. SO THE HILLVIEW SCHOOL, THE LAND IS, I GUESS VERY CLOSE TO MY MY PROPERTY. A FENCE WAS PUT ON THAT LAND AND I WAS IT WAS MY UNDERSTANDING THAT THE SCHOOL BOARD APPROVED FOR A FENCE TO BE PUT THAT DIVIDES MY PROPERTY FROM THE LAND IN QUESTION. SO THE FIELD LINES TO MY SEPTIC TANK GOES DOWN TOWARDS THAT FENCE THAT THE SCHOOL BOARD PUT UP. I DIDN'T PUT IT UP, BUT I'VE BEEN ASKED TO REMOVE THE FENCE AND OTHER NEIGHBORS HAVE ATTACHED THEIR FENCES TO THAT FENCE THAT I WAS TOLD BY MY FORMER NEIGHBOR THAT THE SCHOOL BOARD ACTUALLY PUT UP. SO I GOT A LETTER STATING THIS WAS FROM A SCHOOL BOARD. I MEAN, JEFFERSON COUNTY SCHOOLS. AND IT'S SAYING OUR LAND SURVEY REVEALED YOUR REAR PROPERTY FENCE ENCROACHES ONTO THE SCHOOL PROPERTY. AS SHOWN IN

[00:35:02]

AND THIS MUST BE DONE BY APRIL THE 30TH OF THIS MONTH. SO, YOU KNOW, ALL OF MY MY KIDS HAVE GONE TO HILLVIEW SCHOOL. WE'VE LIVED IN THE NEIGHBORHOOD FOR 33 YEARS. I'M APPROACHING RETIREMENT SOON. AND HONESTLY, YOU KNOW, I DIDN'T THINK I WOULD HAVE TO DEAL WITH, YOU KNOW, THESE KINDS OF THINGS, YOU KNOW, ASKING ME TO REMOVE A FENCE NOW. AND IF I DIDN'T PUT IT UP AND THE SCHOOL BOARD PUT IT UP. BUT WHO'S ASKING ME NOW, YOU KNOW, TO TAKE IT DOWN. SO AND THEN IT'S GOING TO AFFECT OUR SEPTIC TANKS BECAUSE WE'RE ON SEPTIC TANK AND THE SCHOOL PROPERTY IS ON SEWER. SO IT'S GOING TO AFFECT A WHOLE LOT OF THE, THE ENTIRE BLOCK FOR ME.

SO I'M DEFINITELY AGAINST PROBABLY THE LAND USE, YOU KNOW, NOW IF IT WAS A PARK OR SOMETHING LIKE THAT, AND I DIDN'T HAVE TO CHANGE ANYTHING FOR MY PROPERTY, AND IT WON'T AFFECT OUR FIELD LINES AND ALL OF THAT. I DON'T, YOU KNOW, I MAY NOT HAVE ANY ISSUES WITH IT, BUT IT LOOKS LIKE IT'S GOING TO AFFECT THE ENTIRE BLOCK BECAUSE WE'RE ON SEPTIC TANKS. AND, AND I WAS INFORMED THAT OUR FIELD LINES TOWARDS THAT GOES ALL THE WAY DOWN TO THE FENCE. THEY DUMP TOWARDS THE FENCE. AND SO WE DID HAVE A SURVEY. I DID, I DO UNDERSTAND THAT IT MAY IMPINGE ON THEIR PROPERTY LINES, BUT IF THEY PUT THE DIVIDING LINE THERE AND PUT A FENCE UP, IT DIVIDED IT, AND WHY SHOULD I HAVE TO TAKE IT DOWN? I DIDN'T PUT IT UP. AND NOW IT'S THERE ARE THREE FENCES THAT WOULD BE AFFECTED FROM MY LAND ONLY. AND EVERYBODY'S ATTACHED TO THAT.

WE'VE MAINTAINED THAT PROPERTY CUT THE GRASS. THE SCHOOL HAS NOT DONE ANY OF THAT. WE HAD PROBLEMS ONCE WITH GOPHER RATS TRYING TO PULL DOWN THE FENCE AND KUDZU. WE'VE WE HAD TO HIRE PEOPLE TO CLEAN THAT ALL UP. SO I DO HAVE A NEIGHBOR WHO JUST MOVED OUT. HE SAID HE WOULD BE WILLING TO STATE THAT AS WELL, BUT WE HAVE MAINTAINED THAT PROPERTY, TRYING TO KEEP OUR LAND SAFE. AND SO, YOU KNOW, I'M I'M AGAINST, YOU KNOW, ANY DISRUPTION OF MY PROPERTY LINE, THE LAND THAT WOULD AFFECT ME AND OUR, OUR AND MY HUSBAND. BUT ALL OF THEM, WE'VE, WE'VE HIRED PEOPLE TO CLEAN THE ENTIRE LAND, CUT THE GRASS ONCE. I EVEN MANY YEARS AGO, I THINK I ASKED I, I WANT TO THINK IT WAS JEFF GERMANY TO COME OUT, CLEAN THE LAND, DO SOMETHING.

THEY DIDN'T DO ANY OF THAT. SO WE HAD TO START MAINTAINING THAT WHOLE LAND. AND NOW THAT FENCE IS COMING DOWN BECAUSE SOME OF THE KUDZU IS BRINGING IT DOWN. SO WE NOW IT'S CLEAN BECAUSE WE'VE CLEANED IT. SO WE'VE BEEN DOING THIS, MAINTAINING IT FOR 33 YEARS, 33 YEARS. I'VE LIVED THERE. ALL OF MY KIDS NOW ARE GROWN IN THEIR 30S AND 20S. AND NOW WE'RE HAVING TO, TO, TO FACE, YOU KNOW, WHATEVER ARE THE CHANGES. IT WOULD BE NICE TO HAVE A COMMUNITY CENTER FOR THE NEIGHBORHOOD OR PARK OR SOMETHING LIKE THAT, AS LONG AS IT DOESN'T AFFECT ALL THE THINGS THAT WE'VE BUILT AND THAT WE'VE LIVED WITH ALL OF THESE YEARS, THEN THEN I WOULDN'T OPPOSE TO THAT, BUT I THINK IT'S GOING TO AFFECT ALL OF US. AND THEN I THINK, MR. MITCHELL, WE JUST HAD A LITTLE MEETING RECENTLY SAID THAT, YOU KNOW, LIKE YOU'RE GOING TO HAVE A FIGHT ON YOUR HAND, YOU KNOW, THAT'S BASIC. AND I SAID, WELL, OKAY, BUT WE'VE LIVED THERE, WE'VE MAINTAINED IT. SO IT IS WHAT IT IS. WE'RE GOING TO GO FORWARD, YOU KNOW, DO WHAT WE NEED TO DO TO SEE IF WE CAN, YOU KNOW, EITHER ACQUIRE THE LAND THAT GOES TO THAT FENCE BECAUSE WE WILL BE AFFECTED BY THAT. IF THEY START TAKING IT DOWN, REMOVING THE FENCE, COMING BACK TOWARDS MY HOME, AFFECTING MY FIELD LINES, AFFECTING MY SEPTIC TANK, THEN WHERE IS THAT GOING TO LEAVE ME? I DON'T KNOW, AND IT'S VERY CONFUSING ABOUT THAT. TO PUT UP HOMES A DIME A DOZEN DOESN'T MAKE ME HAPPY, YOU KNOW? YES, IT'LL MAKE HOMEOWNERS HAPPY. BUT THERE ARE A LOT OF OTHER THINGS THAT YOU COULD DO WITH A SCHOOL THAT ALL OF OUR FAMILIES HAVE GONE TO. WOULD BE NICE TO SAY. WE CAN JUST RELAX AND GO TO A PARK AND, YOU KNOW, SIT DOWN AND ENJOY THIS TIME THAT WE HAVE LEFT ON THIS EARTH. BUT, YOU KNOW, IF GOD IS FOR US, WHO WILL BE AGAINST US? THANK YOU. HANG ON JUST A SECOND. YES, YOU GO AHEAD. I'LL GRANT YOU. YOU GO AHEAD FIRST. OKAY. SO I WANT TO MAKE SURE I'M UNDERSTANDING.

YOU HAVE A FENCE THAT IS NOT ON YOUR PROPERTY THAT WAS NOT PUT UP BY YOU, AND YET THE SCHOOL BOARD IS ASKING YOU TO TAKE IT DOWN WHEN IT'S CLEARLY ON THEIR PROPERTY. THAT'S WHAT IT SOUNDS

[00:40:05]

SO THAT'S WHY WE HAD TO STEP IN AND TRY TO CLEAN UP ALL OF THIS LAND AND ALL OF THAT. SO DID DID YOU GUYS, BY CHANCE ATTACH A FENCE TO THEIR FENCE? WE I DIDN'T DO ANY OF IT. IT WAS ALREADY DONE WHEN I MOVED IN. I HAVE NOT PUT UP ONE FENCE AT ALL, BUT I AM TOLD THAT EVERYBODY ELSE ATTACHED THEIR FENCE TO THAT. AND THEY SAID THAT WHEN THE SCHOOL BOARD APPROVED. THAT IS WHAT I WAS TOLD BY MR. HICKS, WHO WAS MY NEXT DOOR NEIGHBOR. HE JUST RECENTLY MOVED AND HE SAID HE WOULD BE WILLING TO SAY SOMETHING TOO, BECAUSE HE LIVED THERE WHEN ALL OF THIS WAS HAPPENING. AND HE SAID THE PREVIOUS PERSON THAT LIVED IN MY HOME, I THINK THEY WERE MAYBE EVEN A PART OF THE SCHOOL SYSTEM, BUT EITHER WAY, THEY GAVE THEM THE OKAY FROM THE PTA IS WHAT I WAS TOLD. PUT UP THAT FENCE. THEY CAME UP WITH THE MONEY TO BUILD THE FENCE THAT THEY PUT THE FENCE THERE. AND ANDREW, IS THAT SOMETHING THAT YOU WOULD HAVE TO LOOK INTO OR WHO IS IS THAT A STAFF THING? BOARD OF EDUCATION, BOARD OF EDUCATION. YEAH. OKAY. YEAH, IT'S A CIVIL MATTER. OKAY. YEAH. ALL RIGHT. IT'S NOT SOMETHING THAT WE WOULD ADDRESS. SO I MEAN, JUST TRYING TO GET SOME HELP, I THINK. YEAH, I THINK BASICALLY IF IT'S NOT ON YOUR LAND, THEN IT'S THE SCHOOL BOARD'S PROBLEM. BUT THAT'S THAT'S MY. WELL, BECAUSE IF I PUT UP A FENCE ON YOUR LAND, YOU COULD TAKE IT DOWN. WE CAN TAKE IT DOWN. BUT IF IF OUR SEPTIC TANK FIELD LINES GO DOWN TOWARDS THAT FENCE, THEN THAT MEANS THAT IT'S GOING TO AFFECT OUR SEPTIC TANK. YEAH. BUT ARE YOUR FIELD LINES ON THE SCHOOL BOARD? PROPERTY IS THE ISSUE. THAT'S WHAT IT SOUNDS LIKE. YES. WELL, THAT'S THAT'S A LEGAL ISSUE. THAT'S NOT REALLY PROPER FOR THE PLANNING AND ZONING. YOU NEED TO HAVE YOUR OWN ATTORNEY CHECK INTO THAT QUITE HONESTLY. AND WE WE DO HAVE THAT. WE JUST RECENTLY THAT'S WHAT IT SOUNDS LIKE. OKAY. ONE OTHER THING TOO. YOU MAY BE ABLE TO WORK OUT SOME SORT OF AGREEMENT WITH EITHER NORTH, SOUTH OR THAT SEPTIC LINE. IT DOESN'T INFRINGE ON ANYTHING.

THEY'RE ACTUALLY BUILDING IT. THEY MAY BE OPEN TO THAT, WHETHER THAT'S A SCHOOL BOARD OR A FUTURE OWNER. I GRANT YOU AN EASEMENT. IF IN FACT YOU'RE ENCROACHING. SO I WOULD RECOMMEND THAT IF YOU WANT TO HAVE SOME FURTHER DISCUSSION ON THIS THAT DOESN'T AFFECT THE LAND USE PLAN AMENDMENT THAT YOU HANG BACK AT THE END OF THE MEETING TODAY AND HAVE SOME MORE DISCUSSION ON IT. OKAY. HANG ON. I JUST WANT TO BEFORE BEFORE WE WRAP UP. SO WE WERE DISCUSSING YOUR OPPOSITION TO THE LAND USE AMENDMENT, WHICH CHANGES THE USE FOR THE LAND FROM WHAT IT IS NOW TO ALLOW FOR RESIDENTIAL. AND THAT'S WHAT YOU'RE OPPOSED TO. CORRECT? CORRECT. AND YOU'RE OPPOSED TO IT BECAUSE, WELL, I WOULD RATHER IT TO BE FOR SOMETHING MORE OF A PUBLIC USE FOR, YOU KNOW, JUST THE COMMUNITY, NOT JUST THE SINGLE HOMES, BECAUSE I'VE SEEN SOME OF THEIR HOMES. YEAH, THEY'RE NICE, BUT THEY'RE GOING TO BE SO MANY, YOU KNOW, AND WE LIVE IN A NICE, QUIET COMMUNITY. I'M PRETTY SURE IT'S NOT GOING TO BE LIKE THAT. OKAY.

SO YOUR OPPOSITION IS YOU DON'T WANT ANY MORE RESIDENTIAL IN THE AREA. I WOULD RATHER IT TO BE USED FOR PARKS OR SOMETHING MORE FOR THE COMMUNITY. YES. ALL RIGHT. THANK YOU. I WANTED TO CLEAR THAT UP. ALL RIGHT. SO WHO'S SO SHE'S NEXT. AND THEN WE'LL GET TO YOU. OKAY. WELL, LET'S DO THAT AFTER THIS. OKAY. THIS WE'RE TALKING ABOUT THE LAND USE AMENDMENT. AND I WANT TO GET THROUGH THAT AND GET TO THE ZONING CASE. WHICH. 0042. YES. NO, NOT FOUR TWO. NO. THIS IS THE LAND USE PLAN AMENDMENT 2026 000. DID SHE ANSWER YOU? FOR THE REZONING CASE? SHE'S.

OKAY. SO DOES ANYONE ELSE HAVE OPPOSITION TO THE LAND USE PLAN AMENDMENT? OKAY, IF YOU COME UP, THIS IS NOT THE ZONING CASE. JUST TO BE CLEAR, NOT THE ZONING CASE. IT'S CHANGING THE LAND USE AMENDMENT TO GO FROM ITS CURRENT USE TO RESIDENTIAL. THANK YOU FOR ALLOWING ME TO SPEAK TODAY. I'M A NEW HOMEOWNER OVER THERE. I'VE BEEN OVER THERE FOR 15 YEARS. PAID

[00:45:05]

I WANT TO TRY TO STAY IN PROCESS TO GET US THROUGH. OKAY. SO WE CAN TALK ABOUT THAT LATER.

BUT SO IF YOU JUST PUT A PIN IN IT FOR ME, PLEASE. OKAY. ANY QUESTIONS FROM THE COMMISSIONERS ON THE LAND USE PLAN AMENDMENT? MICHAEL, YOU HAVE ANY. YEAH. I WOULD JUST POINT OUT THAT THE QUEST IS TO GO FROM THE CURRENT DESIGNATION OF THE NEIGHBORHOOD CENTER, WHICH IS PRIMARILY DESIGNATED FOR COMMERCIAL. AND THE CHANGE WOULD BE TO EITHER MIXED RESIDENTIAL OR SUBURBAN. THE MIXED RESIDENTIAL WOULD BE SOMETHING A LITTLE BIT HIGHER DENSITY THAN WHAT THE SURROUNDING AREA IS. IF YOU WERE TO GO TO SUBURBAN, IT WOULD MATCH THE DENSITY OF OUR MOMENTS. OKAY. AND THAT'S THAT'S WHAT WE'RE RECOMMENDING.

SO WE'RE RECOMMENDING SUBURBAN. YOU SAID. YES. IF YOU'RE INCLINED TO GO, YOU JUST NEED TO INCLINE WHICH WAY THAT YOU WANT TO GO WITH YOUR MOTION. OKAY. ALL RIGHT. THANK YOU. SO ANY OTHER QUESTIONS FROM THE COMMISSIONERS? I HAVE A QUESTION. ARE YOU REFERENCING THE LAND USE AGREEMENT? YES. SO WITH THE MOTION, WE'D HAVE TO INCLUDE THAT SPECIFIC DESIGNATION OF OF SUBURBAN IN THE IN THE LANGUAGE. OKAY. JUST FOR THE RECORD. OKAY. THANK YOU.

THAT'S ALL. THANK YOU, MR. CHAIRMAN. THANK YOU. ALL RIGHT. I'M CLOSING THE PUBLIC HEARING AND ASKING FOR A MOTION, PLEASE. MR. CHAIRMAN, I MAKE A MOTION OF APPROVAL FOR LAND USE AMENDMENT L U A DASH 2020 6-0004. AMENDING THE FUTURE LAND USE MAP DESIGNATION FROM NEIGHBORHOOD CENTER TO SUBURBAN SECOND. ALL RIGHT. I HAVE A MOTION A SECOND. ALL IN FAVOR,

[Z-26-0007 Jefferson County Board of Education, owner; Jim Mitchell, agent; requests a change of zoning to R-6 (Single Family) for a single-family residential subdivision. Property zoned INST-1 (INSTITUTIONAL-1). PID# 2200083001026000 in section 08 / Township 17/ Range 3 W. (Site address 1520 Cherry Avenue, Forestdale, 35214)(6.58 Acres+/-)]

THE ADDRESS IS 1520 CHERRY AVENUE AND FOREST DALE. ALL RIGHT. THE APPLICANT IS PROPOSING TO REZONE THIS PROPERTY FROM INSTITUTIONAL TO R-6 FOR SINGLE FAMILY RESIDENTIAL SUBDIVISION. THE APPLICANT IS PROPOSING APPROXIMATELY 2728 SINGLE FAMILY RESIDENCE IN THIS SUBDIVISION. WIDTHS RANGING FROM 50 TO 65FT■S. AS I MENTIONED EARLIER, IT ABUTS THIS PROPERTY, ABUTS R ONE AND R TWO ZONING DISTRICT WITH SINGLE FAMILY RESIDENCES TO THE TO THE NORTH. THE WEST, I'M SORRY, TO THE NORTH, THE SOUTH AND THE EAST. AND SINGLE FAMILY RESIDENCE IN THE A ONE ZONING DISTRICT TO THE WEST OF THIS PARCEL. STAFF IS RECOMMENDING INGRESS AND EGRESS. I MEAN INGRESS AND EGRESS BE FROM EGRET DRIVE WITH OUR SIX YEAR ALLOWED SINGLE FAMILY RESIDENCE AS WELL AS MOBILE HOME AND THE R-6 ZONING DISTRICT STAFF IS RECOMMENDING APPROVAL OF THE REZONING WITH THE CONDITION THAT THIS PARCEL BE ZONED R2 IN LIEU OF THE REQUIRED PROPOSED R-6 ZONING DISTRICT. AND THAT'S ALL I HAVE FOR YOU. OKAY. THANK YOU. SO I, I RECOGNIZE THIS PROPERTY FROM SOME PREVIOUS CASES THAT WE'VE HEARD IN HERE AND 2024 AND 2023. BOTH TO CHANGE IT TO FIRST. THE 24 ONE WAS TO CHANGE IT TO R2 SINGLE FAMILY FOR 15 FAMILY DWELLINGS, AND THEN ADD 23 TO REZONE TO I TWO INSTITUTIONAL TWO FOR AN AGE RESTRICTED COMMUNITY. THE FIRST ONE WAS WITHDRAWN LAST

[00:50:04]

SO THE GENTLEMAN GOT HIS HAND UP FIRST. SO COME UP AND COME ON UP. GIVE US YOUR NAME AND ADDRESS, PLEASE. I WON'T, I NEED A GENTLEMAN. I'M NOT IN OPPOSITION. NO NO NO. SO SORRY.

NOT NOT YOU. IT'S THE GENTLEMAN BEHIND YOU THERE. NOT IN OPPOSITION. I JUST GOT A COMMENT. THANK YOU. OH, MY. THANK YOU CHAIRMAN AND. FELLOW ZONING COMMISSIONERS. MY NAME IS ROY MCDANIEL AND I LIVE AT 967 EGRET DRIVE, WHICH IS IF YOU LOOK AT THE GREEN PARCEL AND YOU LOOK NOW THIS THAT GOES EGRET GOES EAST AND WEST AND WE LIVE. AND I'M I'M TALKING FOR ALL THE PEOPLE THAT LIVE FROM FROM THE EAST EAST SIDE OF EGRET FROM CAGLE ROAD. AND MY PROPERTY IS RIGHT ACROSS FROM THAT, WITH THE EXCEPTION OF MRS. BROWN'S PROPERTY HAS AN ACRE THERE THAT MY DAD GAVE TO MY SISTER. AND THEN SHE PASSED AWAY AND IT WAS SOLD. AND THEN ON THE CORNER IS ANOTHER NEIGHBOR. AND I'M SPEAKING FOR THESE PEOPLE THAT LIVE ADJACENT TO THE PROPERTY. NOW, THIS PROPERTY IS, AS YOU MIGHT BE AWARE, THIS IS OUR THIRD ATTEMPT TO TRY TO GET SOME RESIDENTIAL HOUSING IN THIS ON THIS LAND. AND WE'VE HAD NUMEROUS MEETINGS WITH MR. MITCHELL ABOUT THE DEVELOPMENT OF THIS. AND HE IS THE ONE THAT HAS DEVELOPED OTHER BIG SUBDIVISION AND IN THIS AREA. SO HE'S WELL AWARE AND WE'VE HAD NUMEROUS MEETINGS WITH HIM. AND WE'RE WE'RE IN IN AGREEMENT BASICALLY. BUT WHAT WE WOULD LIKE TO DO, WE HE IS ASKING FOR OUR SIX. NOW OUR SIX HAS. LET ME GET MY NOTES. R6 IS IS HAS SEMI-DETACHED HOUSING, MOBILE HOMES AND OTHER THINGS NOW, BUT HE DOES HAVE A A COVENANTS THAT IT CAN'T BE USED FOR THAT. BUT R2 HIS HIS, HIS PLOT IS IS PRESENTED TO US IN THESE MEETINGS WAS WITHIN EVERYTHING EXCEPT THE R2 SINGLE FAMILY DISTRICT IS THE MINIMUM LOT AREA WAS 10,000FT. AND SO THE R6 WAS 7500FT■S. NOW HE HAS HIS LOTS ARE APPROXIMATELY 8500FT, 85. I THINK THAT'S WHAT IT IS. OR. YES. AND SO AND AND THE OTHER THING, THE DIFFERENCE BETWEEN THE R2 AND R6 IS THE R6 ALLOWS A 25 FOOT FRONT, WHICH IS TEN FEET LESS THAN R2. AND, AND, AND WHAT WE, WHAT WE PROPOSE IS THAT WE, WE, WE WOULD LIKE TO KEEP IT AS R2, WHICH IS ALL THE OTHER THE NEIGHBORHOOD THERE WITH THESE SIX HOMES THAT FOLLOW THAT AROUND EAGLE DRIVE AND, AND HAVE A, A VARIANCE. IF WE COULD GET A VARIANCE ON THE TO MEET HIS OBJECTIVES AND HE'S PROPOSING ABOUT 25 TO 30 HOUSES, THAT'S GOING TO BE PUT ON LESS THAN SEVEN ACRES. SO IT'S GOING TO BE PRETTY, PRETTY TIGHT HOUSES, I MEAN, BUT AND THE OTHER THING WE HAVE OBJECTION TO THAT HE AND ONE OF HIS PLOT LAYOUTS, HE PROPOSED THAT HE WOULD EXTEND EGRET DRIVE, WHICH IF YOU LOOK AT IT, IT TURNS RIGHT WHERE IT TURNS THERE.

[00:55:03]

AND ALL OF THOSE ADDITIONAL PEOPLE COMING AROUND THE TO 290 DEGREE TURNS WITH TEN 300FT APART. SO WE WOULD REQUEST THAT THE EGRET WOULD BE CONNECTED TO CHERRY AVENUE IN THE INTEREST OF SAFETY, JUST HAVE A RIGHT TURN. ONLY AT THAT POINT, NO WORDS FROM EGRET INTO CHERRY B RIGHT TURN. AND THAT WOULD. MAKE IT A SAFER ENTRANCE. SO THE TWO TWO THINGS THAT WE REQUEST EXTENSION OF EGRET DRIVE FROM EAST EAST TO WEST, ABOUT LESS THAN 200FT, WHICH HE AGREED THAT HE WOULD DO THE WORK TO EXTEND THAT TO MEET THE COUNTY'S STANDARDS. AND THEN WE COULD. THAT WOULD TAKE SOME OF THE PRESSURE OFF OF THIS 290 DEGREE TURNS, WHICH, BELIEVE ME, THEY GO AROUND IT AS FAST AS THEY CAN. AND WE HAVE ONE NEIGHBOR AT THE END OF THAT OTHER CURVE THAT OUR HOUSE FACES DIRECTLY TO THAT 90 DEGREE TURN. NO WORD. WHEN THE WHEN THE TURN, IT TURNS THIS WAY AND THE HOUSE IS RIGHT HERE. AND SHE HAS GRANDCHILDREN WHO PLAY IN THE YARD. AND IT'S A SAFETY THING THAT WE COULD EXTEND THAT EGRET DRIVE AT 200FT, WHICH HE AGREED TO DO, AND HAVE A RIGHT TURN THERE. AND THEN THAT WOULD TAKE THE PRESSURE OFF THE OTHER SIX, SEVEN HOUSES THAT ARE ON THAT LITTLE AREA AROUND THE 290 DEGREE TURNS. SO WE WOULD APPRECIATE AND WOULD HOPEFULLY THE COMMISSIONERS WOULD GRANT A R2 WITH VARIANCE FOR THE LOT SIZE IN THE FOOTAGE FRONT SETBACKS AND TO MEET MR. MITCHELL'S PROPOSAL AND WE COULD EXTEND CHERRY EGRET DRIVE TO CHERRY AVENUE AT 200FT TO TAKE THAT PRESSURE OFF OF THE. THE REST OF THAT 90 DEGREE TURN. SO THANK YOU, MR. DANIEL. I'VE GOT IT DOWN. IS THAT EVERYTHING YOU HAD, SIR? PARDON ME? WAS THAT EVERYTHING THAT YOU HAD, SIR? WELL, THAT'S THAT'S THE TWO ISSUES ARE TWO WITH VARIANCE TO MEET HIS PLOT. OKAY.

AND WE'RE IN AGREEMENT BECAUSE THIS IS THE THIRD TIME WE'VE HAD APARTMENTS, DUPLEXES, EVERYTHING PRESENTED, AND THE OTHER TWO MEETINGS. AND AND WE WERE, WE WERE FORTUNATE THAT WE DIDN'T GET THOSE APPROVED. BUT WE DO NOW HAVE SOMEONE, A DEVELOPER WHO WAS INTERESTED IN BUILDING SINGLE FAMILY HOMES. SO WE APPRECIATE THAT. THANK YOU. SO I HAVE A JUST A DISCUSSION REAL QUICK. SO YOU MIGHT REMEMBER EARLIER IN THE MEETING THAT WE HAVE A 15 MINUTE TIME LIMIT ON OPPOSITION AND WE JUST USED EIGHT. SO I'LL KEEP IN MIND THE TIME, BUT I'LL ALSO ASK THAT IF YOU ALL HAVE. EACH INDIVIDUAL PERSON HAS THE SAME COMMENT THAT YOU COMBINE

[01:00:05]

SO PLEASE GIVE US YOUR NAME AND YOUR ADDRESS. MY NAME IS K FRANCIS GUNN. MY ADDRESS IS 1425 HERON DRIVE. INITIALLY, WHEN I CAME UP HERE, I NEEDED CLARITY BECAUSE I WAS ABLE TO FOLLOW UNTIL I SAW THE Z 26 007, AND I WANTED TO MAKE SURE THAT 004 CAME UNDER THIS THIS DISCUSSION. SO THAT'S MY ADDRESS. BUT ANYWAY, I AM IN TOTAL OPPOSITION TO THIS BECAUSE OF THE SUFFERING, THE TRAUMA, AND ETC. THAT I'VE ENDURED. AND HAVING BEEN THERE BECAUSE OF THE DRAINAGE SYSTEM, WHICH DOES NOT REALLY EXIST IN 2021, MY HOME WAS FLOODED. I'VE GIVEN HIM PICTURES. IT'S AMAZING AT WHAT HAPPENS IN THE AREA, BUT NO CONSIDERATION IS GIVEN OF THE PEOPLE. EVER SINCE THAT FLOOD. OKAY, TAKE YOUR TIME. I'VE HAD TO DO THIS BEFORE. BECAUSE SOMEBODY I DON'T KNOW WHO WAS WANTING TO BUILD HOUSES UP THERE. AND SO WITH THE WATER DOING WHAT IT DOES. NOTHING IS DONE TO ALLEVIATE WHAT HAPPENED. I LIVE RIGHT AT THE I DON'T KNOW ABOUT THOSE DIAGRAMS. BUT EVEN BEFORE THEY DID FINALLY DO SOMETHING WITH THE DRAINAGE SYSTEM, HE HAS THOSE PICTURES. THEY CAME IN THE THE PIPES, THE METAL PIPES THAT WERE THERE, THAT HAD BEEN THERE. I DON'T KNOW HOW LONG THEY WERE ROTTING. AND I HAD TO CONSTANTLY. I HAD TO CONSTANTLY STAY BEHIND THE COUNTER TO EVEN COME TO EVEN START TO DO ANYTHING. THEY DID COME AND THEY PUT IN DOUBLE CEMENT PIPES AND MADE IT WORSE.

IT MADE IT WORSE. I'VE BEEN THERE. I'VE BEEN THERE OVER 50 YEARS. AND UNTIL 2021, WHEN THE COUNTY PUT THOSE PIPES IN THERE TO SUPPOSEDLY MAKE IT BETTER. THERE'S WATER ON THOSE PICTURES THAT'S STANDING IN THE DOWNSTAIRS OF MY HOME. I'VE SPENT THOUSANDS OF DOLLARS TO BUY CEMENT TO TRY TO SAVE MY PROPERTY. THE COUNTY WON'T EVEN GIVE YOU ROCKS AND WON'T GIVE YOU THE ROCKS. THEY TELL YOU THEY CAN'T DO NOTHING BECAUSE THEY CAN'T COME ON PRIVATE PROPERTY. I'M IN OPPOSITION BECAUSE THE HOMES THAT THEY'RE TALKING ABOUT PUTTING OUT THERE NOW WEREN'T EVEN THERE THEN. BUT THEN THEY COME ALONG AND THEY DO SUPPOSEDLY SOMETHING TO FIX THE SITUATION. THIS IS ONLY GOING TO MAKE IT WORSE FOR ME BECAUSE WHERE WE LIVE, THE PEOPLE IN THAT AREA LIVE WATER COMES FROM FIVE DIFFERENT DIRECTIONS. AND TO WATCH WHEN THERE WHEN IT FLOODED, TO BE OUT THERE AND WATCH THAT WATER COME OUT OF THAT DITCH AND INTO MY HOME. I STILL HAVE NOT RECOVERED FROM TRYING TO FIX ANYTHING. NOBODY GAVE ME ANYTHING TO TRY TO REPLACE, NONE OF MY FURNITURE, NOTHING. AND THEN I STILL HAVE TO. I STILL HAVE TO GET THAT CLEANED UP. I HAD TO HIRE PEOPLE TO WHEN THEY BUILT THOSE, WHEN THEY BUILT THE SUBDIVISION, I HAD NO CLUE THAT THEY HAD TAKEN A BUNCH OF BIG BOULDERS AND ROCKS AND THINGS AND COVERED THEM UP AND OVER THE YEARS THE SOIL HAS BEEN WASHED AWAY. NOW, ALL THOSE BIG ROCKS JUST OUT THERE, AND I CONSTANTLY HAVE TO PAY SOMEBODY TO TRY TO CLEAN THE DITCH OUT AND NOBODY DOES ANYTHING. THEY COME IN, THEY WANT TO BUILD. THEY DON'T CONSIDER IF YOU WANT TO DO IT, COVER THE DITCH UP. THEY TELL US YOU GOT TO DO IT BECAUSE IT'S YOUR PROPERTY. HOWEVER, WHY DESTROY MY PROPERTY TO MAKE INCREASE ON YOUR END? SO THAT'S MY TOTAL OPPOSITION. IT'S BEEN VERY TRAUMATIC FOR ME AND I'M THERE. MY HUSBAND IS DECEASED.

[01:05:03]

THEY'RE GOING TO JUST, YOU KNOW, NOT HAVE A REAL PLAY AREA. WE'RE USED TO HAVING, YOU KNOW, WHERE OUR KIDS CAN PLAY. AND NOW IT'S NOT GOING TO BE, IN MY OPINION, AS SAFE. AND SO THAT IS MY CONCERN. OKAY. THANK YOU. THANK YOU. SO IT'S BEEN POINTED OUT THAT WE REACHED 15 MINUTES.

I KNOW THERE'S SOME MORE PEOPLE MAY WANT TO TALK. SO DO YOU HAVE A REPRESENTATIVE TO MAKE ANY LAST REMARKS IN OPPOSITION? ANYONE ELSE WANT TO COME UP? OKAY. SO, MR. MITCHELL, DO YOU WANT TO COME UP AND ADDRESS SOME OF THE COMMENTS, PLEASE, SIR? YES, I'LL TRY TO MAKE IT PRETTY QUICK BECAUSE I KNOW THIS HAS BEEN TAKEN A WHILE. OKAY? IT'S OKAY. I MEAN, YOU GET 15 MINUTES TO DISCUSS. THAT'S THE PROCEDURE IS THEY GET OPPOSITION GETS 15 MINUTES.

YOU HAVE 15 MINUTES. OKAY. YEAH. WE'VE HAD TWO MEETINGS WITH THE NEIGHBORS. WE'VE DISCUSSED WHAT THEIR CONCERNS WERE. WE'VE WE'VE AMENDED OUR PLANS. I WILL TELL YOU THIS. THE ROAD GOING TO CHERRY AVENUE WAS IN OUR FIRST DESIGN THAT WE SUBMITTED TO THE COUNTY, AND THE ROAD DEPARTMENT HAD A PROBLEM WITH IT. SO I WENT BACK AND REDESIGNED TO THE DRAWING YOU SEE UP THERE NOW. OKAY, FROM MY PERSPECTIVE, I DON'T HAVE A DOG IN THAT FIGHT. OKAY. IF THEY IF THE COUNTY APPROVES IT TO GO TO CHERRY AVENUE, THAT'S OKAY. I'LL BUILD THE ROAD. OR IF THEY SAY, NO, WE DON'T WANT THAT. WE WANT YOU TO HAVE THE CUL DE SAC. WE'LL DO IT THAT WAY. BUT WE DON'T WANT THAT. WE'VE TOLD THEM THAT THEY'RE FAMILIAR WITH THAT. AND I TOLD THEM WE DON'T WE DON'T HAVE A DOG IN IT. EITHER WAY, IT'S UP TO THE COUNTY AND WHATEVER YOU WANT TO DO WITH THE NEIGHBORS. OKAY. SECOND, TO ADDRESS THE ISSUE OF THE PARK FOR YOU THAT DON'T KNOW, THERE'S A PARK WITHIN A HALF A MILE OF THAT WITH A BALL FIELD, PICNIC TABLES AND EVERYTHING THAT JEFF GERMANY WORKED REAL HARD TO GET ESTABLISHED AND BUILT AND IT HARDLY EVER GETS USED. I JUST WANT TO LET YOU KNOW THAT THAT FOR THESE PEOPLE, IF THEY WANT TO PARK, THEY GOT ONE JUST ABOUT ANOTHER HALF. I'M GONNA LET HIM FINISH. OKAY. OKAY. SO BUT CAN I ASK YOU A QUICK LET ME ASK YOU A QUESTION REAL QUICK. IS THE PARK HAVE HOURS? DOES THE. I THINK IT'S A CITY. I'M NOT SURE IF IT'S A CITY OR COUNTY. DOES IT HAVE DOES IT HAVE HOURS, LIKE HOURS OF OPERATION? NOT TO MY KNOWLEDGE. AND I JUST WENT OVER THERE AND TOOK A LOOK AT IT A COUPLE OF DAYS AGO. AND I THINK IT'S OPEN PRETTY MUCH ALL THE TIME, BUT I DON'T KNOW THAT. OKAY. WELL, I THINK SHE MENTIONED EARLIER THAT IT HAD LIMITED HOURS, SO IT MAY I JUST WANT TO LET EVERYBODY KNOW THERE IS A PARK OUT THERE. REAL NICE PARK.

THANKS TO MR. JEFF GERMANY WHO LOBBIED TO GET. OKAY. ALL RIGHT. PLEASE CONTINUE, SIR. OKAY. I'M TRYING TO MOVE FAST. SO ON THE ROAD THAT Y'ALL CALL COUNTY CALL, THAT'S THE ROAD.

DEPARTMENT SAYS THEY'RE OKAY WITH IT. I'M OKAY WITH IT. EITHER WAY. YOU WANT TO GO

[01:10:02]

AND MR. MITCHELL, IF THEY DO, THAT WOULD SURPRISE ME. MR. MITCHELL, I MIGHT I MIGHT MENTION WE ALSO HAVE A HEALTH DEPARTMENT REPRESENTATIVE HERE. IF YOU'RE INTERESTED IN SEEING THE SEPTIC TANK MAP. IT'S ON FILE AT THE HEALTH DEPARTMENT. AND CORRECT ME IF I'M WRONG, BUT THEY CAN GO DOWN TO THE HEALTH DEPARTMENT AND REQUEST A COPY OF THAT MAP. IS THAT CORRECT? THAT IS CORRECT. OKAY. SO IF YOU'D LIKE TO SEE WHERE YOUR FILL LINES ARE, YOU CAN GO DOWN TO THE HEALTH DEPARTMENT AND YOU CAN GET A COPY OF THE MAP. IT LOOKED LIKE IT LOOKED LIKE A SURVEY. IT'S PROBABLY DRAWN ON THE SURVEY AND IT'LL SHOW WHERE YOUR SEPTIC TANK IS AND WHERE YOUR FILL LINES ARE. SO SORRY. GO AHEAD. THAT WAS A GOOD INFORMATION. AND I HAVE ONE LAST COMMENT. THEY WILL NEED TO REMOVE THE FENCE AND THAT DON'T THEY? I AS FAR AS THE SCHOOL'S PORTION OF THE FENCE THEY CAN HAVE THAT IF THEY WANT IT. BUT THE CUTTING OF THE GRASS. I DID SOME RESEARCH AFTER SHE BROUGHT THAT UP AS TO WHETHER OR NOT CUTTING GRASS GAVE YOU SOME SEMBLANCE OF TITLE TO THE ADJOINING NEIGHBOR'S PROPERTY, AND EVERYTHING I RESEARCHED SAID NO, CUTTING GRASS WILL NOT COUNT, AND THEY. SO THE. BASICALLY, IT'S AN ENCROACHMENT IN THE PARAGRAPH. IT IS AN ENCROACHMENT. AND IT'S GOT TO BE REMOVED BEFORE THESE NEW BUYERS MOVE IN THERE. AND SO THE, THE, THE SCHOOL BOARD IS AWARE OF THAT. AND THEY HAVE NOTIFIED THE NEIGHBORS AND THE NEIGHBORS. THE SIMPLE THING TO

[01:15:04]

OKAY. MY RESEARCH SAYS THEY DON'T THAT THE GRASS MAN MOWING. DOES IT HURT. DON'T HURT IT.

AND YOU CANNOT CLAIM ADVERSE POSSESSION ON GOVERNMENT LAND. OKAY. YOU CAN DO IT ON HIS LAND, BUT YOU CAN'T DO IT ON THE GOVERNMENT. THAT'S CORRECT. SO IT'S NOT ADVERSE POSSESSION.

ALL RIGHT. ANY QUESTIONS? I HAVE ONE. SO THERE WAS MENTION ABOUT THE NEIGHBORHOOD PREFERRING THIS CHANGE B TO R2 AND NOT R6. I DON'T HAVE OBJECTION TO THAT. IF THAT'S IF THAT'S THE WAY WE NEED TO DO IT TO GET THE JOB DONE, I'LL ACCEPT IT. WHATEVER Y'ALL DO TO ALLOW US TO GO FORWARD. THE ONLY REASON I ASK FOR R6 WAS, AS HE MENTIONED, WAS THE SQUARE FOOTAGE THAT ALLOWED US TO DO ALL THE OTHER THINGS WE WANTED TO DO. AND IF IF WE CAN'T DO THAT, WE CAN'T DO IT, BUT WE WANT TO GO FORWARD. SO HOWEVER Y'ALL WANT TO DO IT GOOD WITH ME, I JUST WANT SO I WANT TO MOVE FORWARD ON IT. OKAY. WELL, I MEAN, IF YOU WANT TO CHANGE YOUR REQUEST TO R2, YOU NEED TO TELL US OR WE'RE CONSIDERING R6 TODAY. NO. WELL, ONE OF.

RECOMMEND THE RECOMMENDATION FROM THE STAFF WAS R2. MR. CHAIRMAN, STAFF IS R2. YEAH.

YES, CHANGE IT TO R2. I'LL ACCEPT THAT. OKAY. OKAY. ALL RIGHT. Y'ALL ALL KNOW ME. I GUESS I'VE BEEN IN BUSINESS FOR WHAT SEEMS LIKE FOREVER. YOU KNOW, THIS IS THE FIRST TIME WE'VE BEEN UP HERE IN YEARS AND YEARS, BUT OKAY, WE WE DEVELOPED ALMOST ALL THE SUBDIVISIONS IN FORISTELL. SO EVERYBODY OUT THERE KNOWS. BUT ANY QUESTIONS? THAT'S THE ONE I ASKED ABOUT. OKAY. THANK YOU, MR. MITCHELL. ANYTHING ELSE YOU WANT TO ADD? ONLY THAT THERE WILL BE NO MOBILE HOMES IN THAT PIECE OF PROPERTY. ANYBODY WORRIED ABOUT MOBILE HOMES? OKAY, WE'RE GOING TO FORBID IT. WE'VE GIVEN YOU A COPY OF PROPOSED RESTRICTIONS, AND THEY ARE GOING TO PUSH HOUSES UP INTO THE 250 TO $300,000 RANGE. AND THEY'VE LOOKED AT THE HOUSES. THE BUILDER IS GOING TO BUILD THEM. JUST FINISHED 30, 40 HOUSES RIGHT DOWN THE ROAD, A HALF A MILE AWAY. THEY CAN GO BY AND LOOK AT THEM, AT THEIR HEART'S CONTENT. OKAY, MR. MITCHELL, WOULD YOU HANG ON FOR A SECOND? DO THE COMMISSIONERS HAVE ANY QUESTIONS FOR THE APPLICANT? YES, MR. CHAIRMAN, I HAVE TWO. PARDON? I HAVE TWO, YES. MR. MITCHELL, FOR THE RECORD, HAVE YOU SPOKEN WITH THE NEIGHBORHOOD ASSOCIATION, SPECIFICALLY THE FOREST VIEW ESTATES NEIGHBORHOOD ASSOCIATION IN THAT AREA? YES. YOU DO HAVE THEY DO THEY APPROVE YOUR PLAN? WE HAD A DISCUSSION. THERE WAS THE LADY, I THINK, THAT HAD THE PROBLEM WITH THE WITH THE FENCES. SHE HAD IT TO ME. THAT'S THE FIRST TIME I HEARD THAT, THAT THE SCHOOL BOARD PUT THE FENCE IN. BUT BUT THE SCHOOL BOARD'S FENCE IS 30FT ONTO THEIR PROPERTY. IT'S NOT NEAR THE PROPERTY LINE. IT'S A FULL 30FT OVER THERE. AND THEN THEY HOOK TO THAT AND RAN ON DOWN FOR THE NEIGHBOR'S FENCE. OKAY. THANK YOU SIR. THANK YOU. I COMMEND YOU ON THE RESEARCH BEFORE I CAME UP HERE THAT THOSE ARE ENCROACHMENTS AND THERE'S NO GRASS CUTTING PRIVILEGE. AND YOU CANNOT ADVERSELY POSSESS GOVERNMENT PROPERTY. I UNDERSTAND FOR THE RECORD, YOU HAVE SPOKEN WITH THEM. THANK YOU, SIR, ON THAT, I HAVE ONE OTHER QUESTION. AND THIS MAY BE MORE SUITABLE FOR STAFF OR PERHAPS YOURSELF. MR. CHAIRMAN, HOW DO WE ENSURE THE DRAINAGE MANAGEMENT PROPOSAL THAT THE DEVELOPER HAS MADE? THAT WILL BE A PART OF MY SUBMITTAL WHEN I BRING MY PLANNING, REGARDLESS OF ANY REZONING AND ALL IN ORDER ORDINANCES IN PLACE, THE SUBDIVISION REGULATIONS AND ANY DEVELOPMENT WILL HAVE TO FOLLOW.

HE'S BASICALLY SAYING THAT WE HAVE REGULATIONS IN PLACE TO ENSURE THAT THERE'S NO ADVERSE EFFECT ON STORMWATER WITH THE WITH THE DEVELOPMENT. THANK YOU, MR. CHAIRMAN. THAT'LL BE A PART THAT'LL BE A PART OF THE APPROVAL PROCESS. FOR THE RECORD. THAT'LL BE A PART OF THE APPROVAL PROCESS AND THE APPROVAL FROM THE COUNTY, AS FAR AS INSPECTIONS GO, WILL BE ENSURING THAT THAT THE DEVELOPMENT COMPLIES WITH THE REQUIREMENTS. THANK YOU. THANK YOU, MR. CHAIRMAN. HANG ON. WE GOT TO WE GOT TO FINISH WHAT WE'RE TALKING ABOUT. OKAY. SO DID THAT ANSWER YOUR QUESTIONS, COMMISSIONER? YES, MR. CHAIRMAN. THANK YOU. OKAY. WERE THERE ANY OTHER QUESTIONS FROM THE COMMISSIONERS? COMMISSIONER MILLER? MR. MITCHELL, YOUR AGREEMENT WOULD BE STIPULATED IF APPROVED WITH THE AGREEMENT WITH THE ROADS TRANSPORTATION, THAT YOU WOULD ALTER THE ACCURATE ROAD TO TO INGRESS EGRESS ON CHERRY AVENUE. YOU'LL APPROVE IT. I'LL BUILD IT THAT WAY. I DON'T HAVE A DOG IN THAT FIGHT. I'LL DO WHAT YOU TELL ME

[01:20:05]

HANG ON A SECOND, COMMISSIONER. KUSH. YES. DO YOU ALREADY HAVE A POSITION ON THIS? YES. WOULD YOU TELL US THAT'S THE PREFERRED ALTERNATE. HANG ON. SO MY MEETING. OKAY, Y'ALL. I WILL RECOGNIZE YOU WHEN I CAN LET YOU TALK. OKAY? SO PLEASE JUST WAIT AND BE PATIENT WITH ME, OKAY? SO JUST JUST TO BE JUST TO BE CLEAR, COMMISSIONER KUSH IS WITH ROADS AND TRANSPORTATION AND THEIR PREFERENCE IS THE WAY THAT YOU HAVE IT DESIGNED, THE WAY THAT YOU HAVE THE ROAD DESIGN IS THEIR PREFERENCE, NOT THE DIRECT ROUTE TO CHERRY AVENUE.

SO THAT'S LIKELY WHAT WILL BE APPROVED. IT WILL NOT BE DIRECT TO CHERRY AVENUE. OKAY. AND HE HAS HE HAS HE HAS SAFETY REASONS FOR THAT. I'M SURE THAT WE CAN GO INTO THAT. THIS IS A SAFER ALTERNATIVE THAN DIRECT INTO CHERRY AVENUE. BUT I'LL LET HIM SPEAK IF HE WANTS TO SAY A COUPLE OF NOTES. THAT'S THE CORRECT. THAT'S THE PREFERRED ALTERNATE BECAUSE IT HAS LESS CONNECTION TO CHERRY AVENUE. YEAH. LESS CONNECTIONS TO CHERRY. THE SAFER CHERRY OPERATES. OKAY, SO SO WHAT HE SAID, HE SAYS IF. OKAY, WELL HANG ON. OKAY. POINT OF ORDER, MR. CHAIRMAN. ONE SECOND, PLEASE. THIS IS A ZONING CASE. THIS IS NOT A SUBDIVISION CASE.

I WOULD STRONGLY SUGGEST WE WE CALL THE QUESTION AND VOTE ON THE MOTION ON THE ZONING CASE.

ALL THESE OTHER ISSUES ARE APPROPRIATE FOR A SUBDIVISION CASE. ONCE THEY ARE OFFICIALLY SUBMITTED TO THE STAFF. CORRECT? OKAY. I BELIEVE WE HAVE NO MORE QUESTIONS FOR YOU. I'M GOOD. I THINK WE'VE COVERED THE SUBJECT REAL WELL. ALL RIGHT. GOOD. ALL RIGHT. YOU CAN BE YOU CAN BE SEATED. OKAY. NOW, I KNOW YOU ALL WANTED TO SAY SOME THINGS, BUT I'M GOING TO ASK YOU A QUESTION BEFORE I LET YOU COME UP. SO IT HAS TO BE PERTINENT TO WHAT? THE REZONING CASE.

OKAY. WE'VE ADDRESSED THE DRAINAGE ISSUES AND HOW THEY'RE GOING TO BE HANDLED. IF YOU HAVE ISSUES BEYOND THAT, THAT'S A MATTER WITH YOU AND THE THE COUNTY STAFF TO FIGURE OUT, OKAY, THE ROADS, WE MAKE DECISIONS TO BEST PROTECT THE SAFETY AND HEALTH OF THE PUBLIC.

SO THE ROAD GOING INTO CHERRY AVENUE IS NOT AS SAFE AS IT IS GOING. THE DIRECTION THAT'S CURRENTLY LISTED IN THE MAP ARE SHOWN IN THE MAP UP ABOVE. AND LET'S SEE WHAT ELSE I NEED TO TALK ABOUT. AND WE ARE GOING TO CONSIDER THE R2 REZONING AND NOT THE R6 ZONING. SO THOSE ARE THE THINGS WE'RE TALKING ABOUT. SO IF YOU HAVE SOMETHING MORE YOU WANT TO ADD THAN WHAT YOU'VE ALREADY TOLD ME THAT WE'VE ADDRESSED, YOU CAN COME UP. I'M GOING TO GIVE EACH PERSON THAT HAS TO COME UP ONE MINUTE AND ONE MINUTE ONLY TO TALK, AND THAT'S IT. WE'RE DONE.

OKAY, SO IF YOU GOT SOMETHING TO SAY, YOU GOT ONE MINUTE. COME ON UP. OKAY. YOU CAN BE NEXT. AND WE'RE NOT GOING TO GO MORE THAN FIVE MINUTES. I JUST WANT TO BE CLEAR ON WHAT'S BEING DONE ABOUT THE DRAINAGE SITUATION. THAT'S MY CONCERN. OKAY. I MEAN, WE, I, WE RESTATED IT. I'LL RESTATE IT AGAIN. OKAY. SO THEY'RE GOING TO CONTROL ANY DRAINAGE COMING OFF THEIR PROPERTY INTO A DETENTION POND, WHICH MEANS THEY'RE GOING TO THEY'RE GOING TO CAPTURE THE WATER SO THAT IT DOESN'T FLOW. DON'T RUN INTO MINE. OKAY. THAT'S GOOD. BUT IF YOU CONTINUE TO HAVE OTHER. BUT IF YOU CONTINUE TO HAVE OTHER PROBLEMS, YOU NEED TO CONTINUE YOUR ROUTE IN WORKING WITH THE COUNTY TO SOLVE IT. OKAY. WELL, THE SQUEAKY WHEEL GETS THE GREASE, SO THE SQUEAKY WHEEL GETS THE GREASE. OKAY. SO. ALL RIGHT, MA'AM, YOU HAVE COME ON UP. GIVE US YOUR NAME. YEP. NAME AND ADDRESS. AND YOU GOT A MINUTE? MY NAME IS LINDA MCDANIEL, 9678. GREAT DRIVE. AND I WOULD LIKE TO ADDRESS COMMISSIONER KUSH. OKAY. ALL RIGHT. THAT ROAD. WOULD YOU MEET ME OUT THERE AND LET ME KIND OF SHOW YOU A FEW THINGS, BUT I'VE GONE UP TO GARDENDALE CHERRY AVENUE ALL THE WAY TO I 22. I TOO HAVE TWICE THIS WEEK.

[01:25:01]

OKAY? SO WHY DON'T Y'ALL, AFTER WE FINISH THE MEETING, YOU GUYS GET TOGETHER AND TALK, OKAY? YES, MA'AM. OKAY. ALL RIGHT. THANK YOU. YOU GOT SOMETHING DIFFERENT TO SAY THAN WE HAVE ALREADY HEARD. IF YOU GOT TO COME UP HERE, THIS IS THE LAST ONE. LAST ONE, LAST PERSON, LAST MINUTE. ALRIGHT? Y'ALL ARE KILLING ME. THANK YOU. LET ME. I'M ROY MCDANIEL, 0967 EGRET DRIVE AND MR. MR. MITCHELL AND I ARE IN AGREEMENT. THE ONLY THING WE WANT THE R-2 VARIANT WITH THE VARIANCE IS BECAUSE IF SOMETHING HAPPENED TO MR. MITCHELL AND IT DOESN'T. YOU'VE TOLD US THAT ALREADY. I TOLD YOU THAT'S WHAT WE'RE GOING TO CONSIDER. OKAY, OKAY. BUT SO WE'RE REPEATING. ALL RIGHT. LAST PERSON. I JUST THINK IT WORKS FOR YOU. THAT'S ALL. OKAY.

SO. WELL, I'LL BE HERE AFTER THE MEETING. OKAY. ALL RIGHT. BUT IS IT ABOUT THIS CASE? DO YOU NEED TO WORK? EXCUSE. EXCUSE FROM BEING FROM MISSING WORK. EXCUSE FROM LEAVING WORK.

OH, OKAY. GOTCHA. ALL RIGHT. SHE WAS HERE. ALL RIGHT, SO I AM CLOSING THE PUBLIC HEARING, JUST IN CASE YOU DON'T KNOW. AND I'M GOING TO ASK FOR A MOTION ON THIS REZONING CASE.

MR. CHAIRMAN, BASED ON THE APPLICANT'S REQUEST, CHANGE HIS APPLICATION FROM R6R2. I'M GONNA RECOMMEND WE APPROVE THE R TWO RECOMMENDATION FOR Z 20 6-0007. SECOND. ALL RIGHT, I HAVE A MOTION A SECOND. DO I NEED TO CALL THE ROLL, PLEASE? I DON'T THINK YOU DO, MR. CHAIRMAN. WAS THAT A YES? YES. ALL RIGHT. CALL THE ROLL, PLEASE. J MILLER J. HITLER. YAY! YES! ANDREW. YES. YES. YES. MURRAY. YES. YES. EMMA.BROWN. YES. AND LOWRY. YES. UNANIMOUS.

CORRECT. ALL RIGHT. SO ALL IN FAVOR HAVE SAID I AND NO ONE'S OPPOSED. MOTION PASSES. OKAY.

GREAT. WE HAVE A FEW MORE CASES TO GO FORWARD WITH. SO. IF Y'ALL FEEL LIKE Y'ALL NEED TO TALK, WOULD YOU TAKE IT OUTSIDE, PLEASE, SO WE CAN CONTINUE OUR HEARING AND I WILL I WILL STAY FOR YOU. OKAY. SO IF YOU'LL HANG OUT. SO OUR NEXT CASE IS A LAND USE AMENDMENT 2026 005.

[LUA-2026- 005 Corner Holdings, LLC, owner; Pat Pickle, agent; Minor land use map amendment from the “Agricultural & Rural” to the “Employment & Civic Center” designation. Property zoned A-1 (Agriculture). PID# Part of 0400220000017001 in section 22/ Township 14/ Range 4 W. Proposed Lot4/Pickle Family 4 Lot Subdivision* (Site address 2687 Sleigh Road, Empire, 35063)(1.65 Acres +/-) *Concurrent Subdivision case S-26-0007]

MR. CHAIRMAN, I WOULD LIKE TO RECUSE MYSELF FROM THIS CASE AND THE ASSOCIATED CASES COMING FORWARD. ALL RIGHT. DID YOU DO YOU HAVE THAT IN YOUR NOTES FOR US? HE'S RECUSING FOR THE LAND USE AMENDMENT AND THE ZONING CASE AND THE SUBDIVISION CASE. OKAY, CONNIE, PLEASE GO AHEAD.

OKAY. THIS ONE WE HAVE WHAT YOU JUST SAID, A LAND USE AMENDMENT, A SUBDIVISION CASE, AND A REZONING. I'M GOING TO GO AHEAD AND I'M GOING TO START WITH THE SUBDIVISION CASE AND THEN WORK MY WAY THROUGH IT AND JUST ADDRESS ALL OF OUR PORTS IN BETWEEN SO THEY CAN VOTE. OKAY.

DO YOU WANT ME TO GO AND CALL THE REST OF THEM? YOU CAN. OKAY. SO SINCE THERE'S THREE CASES INVOLVED, I'M GOING TO GO AHEAD AND CALL ALL OF THEM SO CONNIE CAN PRESENT THEM IN WHOLE. AND THEN I'LL CALL FOR OPPOSITION ON EACH ONE INDIVIDUALLY. SO THE CASE ASSOCIATED WITH THE LAND USE IS ZONING CASE Z 26 0008. AND IT REQUESTS A CHANGE OF ZONING TO I-1 LIGHT INDUSTRIAL FOR AN EXISTING PLUMBING COMPANY. AND THAT ADDRESS IS THE SAME, AS I MENTIONED BEFORE, 28, 67, 2687 SLEIGH ROAD AND EMPIRE. AND THE SUBDIVISION CASE IS S 26 0007.

THE APPLICANT FOR THIS IS COURTNEY BEESON AND THE REQUEST IS PICKLE FAMILY FOUR LOT FOR SUBDIVISION FOR FOUR LOTS PROPOSED AT 26, 31 AND 2687 SLEIGH ROAD EMPIRE. OKAY, HERE

[01:30:08]

IT'S A POSSIBLY APPROXIMATELY 1.65 ACRES. AS FOR THE SUBDIVISION, THERE'S NO ANTICIPATED ROAD ACCESS OR TRAFFIC OPERATION ISSUES THEY'RE PROPOSING. RIGHT OF WAY.

DEDICATION WOULD BE REQUIRED FROM CORNER SCHOOL ROAD AND STATE ROAD, 25FT FROM CENTERLINE. SPECIAL SPECIAL FLOOD HAZARD IS NOT PRESENT ON THE PROPERTY. JEFFERSON COUNTY ENVIRONMENTAL SERVICE HAS NO PUBLIC SANITARY SEWER AVAILABLE TO THIS PROPERTY, AND AN ON SITE SEPTIC SYSTEM WILL BE NEEDED TO BE UTILIZED FOR THE SEWAGE WASTE DISPOSAL. STAFF RECOMMENDS APPROVAL OF THE SUBDIVISION CASE. THE. ALL OF THEM MEET THE MINIMUM LOT SIZE REQUIREMENTS. THE. A ONE IS THE MINIMUM ONE ACRE AND EACH LOT ONE, TWO, THREE MEETS THAT. AND FOR THE PROPOSED LOT FOUR, WHICH WOULD BE A DIFFERENT ZONING DISTRICT, IT DOES MEET THE MINIMUM REQUIREMENTS FOR THAT LOT. SO STAFF RECOMMENDS APPROVAL OF THE SUBDIVISION CASE. YOU WANT TO VOTE ON IT. DID I MOTION TO VOTE ON THAT. AND THEN WE'LL GO TO THE NEXT ONE. OKAY. OKAY. IS THERE. SO I'M GOING TO ROLL IT ALL UP. IS THERE ANYONE IN OPPOSITION TO EITHER THE LAND USE PLAN AMENDMENT, THIS ZONING CASE OR THE SUBDIVISION CASE? I HAVEN'T PRESENTED THE OTHER TWO. I WAS JUST PRESENTING THE SUBDIVISION PART AND PALSY. OKAY. I'M SORRY.

I THOUGHT YOU HAD. I'VE READ TOO MUCH OF IT ALREADY, I JUMPED AHEAD. WHY DON'T YOU GO AHEAD AND GIVE US THE THE WHOLE THE WHOLE PACKAGE AND THEN I'LL, I'LL CALL FOR OPPOSITION FOR EVERYTHING. OKAY. I DID MENTION THAT LOT FOUR. THERE IS A PROPOSED THERE'S AN EXISTING BUSINESS ON THIS PARCEL. SO THE APPLICANT IS REQUESTING TO REZONE IT FROM A ONE TO I ONE LIGHT INDUSTRIAL FOR COMPLIANCE. THE FUTURE LAND USE DESIGNATION FOR THIS AREA OR THIS PARTICULAR PARCEL IS AGRICULTURAL AND RURAL, AND STAFF IS RECOMMENDING THAT IT BE AMENDED TO EMPLOYMENT AND CIVIC TO ALLOW CONSISTENCY WITH WHAT'S CURRENTLY THERE. SO THAT'S THE LAND USE AND THAT'S THE SUBDIVISION. AND AS FAR AS THE REZONING, THE I ONE ZONE DISTRICT IS APPROPRIATE FOR THE EXISTING USE. STAFF RECOMMENDS APPROVAL OF THAT CONTINGENT UPON THE LAND USE AMENDMENT BEING APPROVED OR AMENDED. THAT'S ALL I HAVE. OKAY. THANK YOU. OKAY. NOW JUST WE DID THIS FOR EFFICIENCY PURPOSE. SO THE LAND USE PLAN AMENDMENT, IS THERE ANYONE IN OPPOSITION TO THAT THAT WOULD LIKE TO SPEAK? ALL RIGHT. FOR THE REZONING CASE, IS THERE ANYONE THAT WOULD LIKE TO SPEAK IN OPPOSITION. AND FOR THE SUBDIVISION CASE, IS THERE ANYONE THAT WOULD LIKE TO SPEAK IN OPPOSITION? IS THE APPLICANT PRESENT? WELCOME. ANY QUESTIONS FROM THE COMMISSIONERS? ALL RIGHT. HEARING NONE, WE'LL CLOSE THE PUBLIC HEARING ON ALL THREE OF THOSE. AND FOR FIRST I'LL ASK FOR A MOTION ON THE LAND USE AMENDMENT. MR. CHAIRMAN, I MAKE A MOTION TO FOR APPROVAL FOR LAND USE CASE L U A DASH 2020 6-0008. AMENDING THE FUTURE LAND USE MAP DESIGNATION FROM AGRICULTURAL AND RURAL TO EMPLOYMENT AND CIVIC CENTER. SECOND CORRECTION. YOUR CORRECTION, MR. CHAIRMAN I THINK IT'S CORRECT. LAND USE THE LAND USE CASE AGAIN, PLEASE.

YES. 005005 COMMISSIONER GILBERT. YEAH. I'M SORRY. WOULD YOU CORRECT YOUR MOTION? FOR THE RECORD? LET ME CORRECT MY MOTION, MR. CHAIRMAN. I'M SORRY. THE INNER SAYS, MR. CHAIRMAN, I MAKE A MOTION OF APPROVAL FOR LAND USE AMENDMENT L U A DASH 2020 6-005. AMENDING THE FUTURE LAND USE MAP DESIGNATION FROM AGRICULTURAL AND RURAL TO EMPLOYMENT AND CIVIC CENTER.

SECOND. ALL RIGHT. I HAVE A MOTION A SECOND. ALL IN FAVOR, PLEASE SAY AYE. ANYONE OPPOSED?

[Z-26-0008 Corner Holdings, LLC, owner; Pat Pickle, agent; requests a change of zoning to I1(Light Industrial) for an existing plumbing company. Property zoned A-1 (Agriculture). PID# Part of 0400220000017001 in section 22/ Township 14/ Range 4 W. Proposed Lot 4/Pickle Family 4 Lot Subdivision*(Site address 2687 Sleigh Road, Empire, 35063)(1.65 Acres+/-)*Concurrent Subdivision case S-26-0007]

[S-26-0007 Corner Holdings LLC, owner; Courtney Beeson, agent; Pickle Family 4 Lot Subdivision, Four (4) lots proposed. Property zoned A-1 (Agriculture); Concurrent Rezoning Case Z-26-0008 proposes I-1 (Light Industrial) for proposed Lot 4. PID#s 0400220000017000, 0400220000017001 in section 22 / Township 14 / Range 4 W. (Site address 2631 & 2687 Sleigh Road, Empire, 35063)(32.45 acres +/-)]

[01:35:06]

[Z-26-0009 Lottie Green Ministries, INC., owner; Juanita Graham, agent; requests a change of zoning to INST-2 (INSTITUTIONAL) for compliance of an existing church and a proposed Early Childhood Learning Center. Property zoned R-6 (Single Family). PID# 2100341013014001 in section 34/ Township 17/ Range 4 W. Parts of lots 16 & 17, Block 21, 2nd Add to Gary Ensley. (Site address 5708 Iceland Ave, Birmingham, 35224)(0.71 Acres+/-)]

THE REQUEST IS A CHANGE IN ZONING TO INSTITUTIONAL TWO OR I TWO FOR COMPLIANCE FOR AN EXISTING CHURCH AND A PROPOSED EARLY CHILDHOOD LEARNING CENTER AT 5708 5708 ICELAND AVENUE IN BIRMINGHAM. YES, SIR. THANK YOU. YES. APPLICANT JUST PROPOSING TO REZONE THIS TO BRING IT INTO COMPLIANCE WITH AN EXISTING CHURCH IS COMPLIANT WITH THE WITH THE FUTURE LAND USE DESIGNATION OF MIXED RESIDENTIAL INSTITUTIONAL. TWO ZONING DISTRICTS ARE ALLOWED PRETTY MUCH ANYWHERE. STAFF RECOMMENDS APPROVAL. THAT'S ALL I HAVE. ALL RIGHT. THANK YOU.

IS THERE ANYONE HERE IN OPPOSITION OF THIS REZONING CASE? IS THE APPLICANT PRESENT? WELCOME. ANY QUESTIONS FROM THE COMMISSIONERS? ALL RIGHT. HEARING NONE, MAY I HAVE A MOTION, PLEASE? MR. CHAIRMAN, I MAKE A MOTION TO APPROVE. Z 20 6-0009. SECOND, I HAVE A MOTION A SECOND. ALL IN FAVOR, PLEASE SAY AYE. AYE. ANYONE OPPOSED? MOTION PASSES. THAT

* This transcript was compiled from uncorrected Closed Captioning.