2026-09-17 - Planning Commission

00:01Maybe

00:04parking lot

00:19to go.

00:27>> Good afternoon. Uh this is the meeting

00:29for the Mobile City Planning Commission

00:30for September 17th, 2026. Would like to

00:34take a moment to review our general

00:35operating procedures. For those of you

00:38that haven't been to a planning

00:39commission in a while or this is your

00:40first time, each agenda item is divided

00:43into two sessions, public hearing and

00:46deliberation. In the public hearing, an

00:49agenda item is called, the applicant

00:51makes their presentation, commission

00:53members ask questions, if any, and

00:55members of the public make their

00:56comments to the commission. Only four

00:59people can speak for an agenda item, and

01:01four people in opposition. Each speaker

01:03is limited to five minutes subject to

01:05questions by the commission. A speaker

01:08at one minute remaining will have a

01:10warning beep prompting you to summarize

01:13your comments. After opposition speakers

01:16have finished, an applicant is allowed a

01:18two-minute rebuttal. If you do do intend

01:20to speak, please come to the bottom of

01:21the stairs at the podium, speak into the

01:23microphone, and provide your name and

01:26address for the record. Please direct

01:28all your comments to the commission only

01:30and not to the applicant, the staff, or

01:33the audience. After hearing the

01:35application, the commission will then go

01:36into deliberation on that application.

01:39In deliberation, we will discuss each

01:41application with input from the staff as

01:43necessary, but with no input from the

01:45audience. The commissioners will then

01:46vote on each application, and the

01:48results of that can be learned if you

01:50have to leave from the planning

01:51department. If issues arise during

01:54deliberation that were not addressed in

01:56the public hearing, we have the

01:57discretion to allow additional comments

01:59pertaining to those issues in order to

02:01resolve them or we will call for the

02:03agenda item to be held over for a future

02:05meeting. Occasionally, there may be a

02:08commissioner recuse themselves from

02:09discussing and voting on a given

02:11application. That does not mean that the

02:13member is directly involved with the

02:14application or the applicant, but

02:16depending on the circumstances, ethical

02:18rules may require a recusal. If there is

02:20one, a super numerary will vote in

02:22theirstead. A reminder, the planning

02:25commission makes final decisions on

02:27subdivisions with appeals of these

02:29decisions to the circuit court. The

02:31planning commission is strictly a

02:32recommending body for resonings,

02:34conditional use permits, and planned

02:37developments. The city council makes the

02:39final decision on these applications,

02:41and all appeals of city council

02:43decisions are to the circuit court. At

02:45this time, do me a favor and please turn

02:47your cell phones and other devices to

02:48vibrate or silent or off. If you have to

02:51take a call, we ask that you leave the

02:53uh auditorium. Commissioners and staff,

02:56please turn on your microphones when

02:58speaking. I'll go ahead and call the

02:59role. myself. Jay Stubs present. Mr.

03:01Kirk Mate here.

03:03>> Miss Jennifer Densen.

03:04>> Mr. Harry Brlin

03:05>> here.

03:06>> Mr. Larry Dorsy

03:07>> here.

03:07>> Mr. Chad Anderson.

03:09>> Mr. Matt Anderson

03:10>> here.

03:11>> Mr. Nick Amber

03:12>> here.

03:12>> Mr. Josh Woods

03:14>> here.

03:14>> Mr. Kenny Nichols

03:15>> here.

03:16>> Miss Ellie Edwards

03:17>> here.

03:18>> We do have a quorum for today's agenda.

03:20I will ask I will go ahead and move that

03:22we approve.

03:24>> Need a second.

03:26>> Second.

03:26>> Properly moved and seconded. All in

03:28favor?

03:29>> I. The agenda for today passes. At this

03:31time, I'd like to remind those that

03:33would like to speak on an agenda item a

03:35reminder to know that only four for an

03:37item and four in opposition. We ask that

03:40you now take this time before you agenda

03:42item comes up to decide who and in what

03:45order that speaker will come to the

03:47podium and speak. And a reminder that

03:49you will have a four minutes, then a

03:51beep, and then a one minute summary.

03:54Number one on the agenda, new item

03:56application at 5685 I 10 industrial

03:59parkway district 4 subdivision of two

04:02lots at 3.22 acres. This has been

04:04suggested from planning commission staff

04:06for a holdover until October 15th. Is

04:09the applicant present

04:12agreement with that? The applicant is

04:13present and in agreement with a

04:15holdover. Any comments towards this

04:16application, Mr. Bird?

04:18>> No problem.

04:19>> Okay. I'll ask if that uh anyone in the

04:22audience that has questions towards

04:23would like to speak for or speak against

04:25this agenda item on a subdivision of two

04:28lots at 5685 I 10 Industrial Parkway.

04:33All right. Seeing none, we will close

04:35public hearing. Entertain a motion for

04:37holdover.

04:39>> Second.

04:39>> Properly moved and seconded. All in

04:41favor?

04:42>> I.

04:42>> The motion for holdover passes until

04:44October 15th. Number two,

04:49310 subdivision of 310 and 312 South

04:52Dearborn Street. Two lots.15 acres for

04:57planning commission. There's potential

04:58waiver of sections 6C2B2

05:01for substandard lot width and

05:03substandard lot area on 64-2-5E.

05:06There are 10 conditions listed. Is the

05:09applicant present? The applicant is

05:10present with a raise of the hand. Thumbs

05:12up on the conditions in agreement.

05:15The applicant has given that thumbs up.

05:19Is there anyone else in the audience

05:21that has questions for, would like to

05:23speak for, or speak against this

05:25subdivision application on South

05:27Dearborn Street?

05:31>> All right. Seeing none, we will close

05:33the public hearing. Open up

05:34deliberation. Entertain a motion for the

05:36subdivision.

05:40>> Second.

05:41>> Properly moved and seconded. All in

05:43favor?

05:43>> I. Motion for subdivision passes. Number

05:47three, 429 Lincoln Boulevard, Mobile

05:49Terrace Subdivision, three lots, 29

05:53acres for commissioners, potential

05:55waiver of section 6C2A1, substandard lot

05:58area and B2 for substandard lot width.

06:02There are 10 listed conditions. Is the

06:04applicant present? Applicant is present.

06:06Thumbs up is given. Anyone else in the

06:09audience to speak for, speak against, or

06:11have questions towards this subdivision

06:12application on 429 Lincoln Boulevard?

06:17Seeing none, we will close public

06:19hearing, open up deliberation, entertain

06:21a motion.

06:26>> Second. Properly moved and seconded. All

06:29in favor?

06:30>> I.

06:31>> The motion for subdivision Lincoln

06:33Boulevard passes. Number four,

06:37subdivision application at 59 and 61

06:40Bradford Avenue and 1311 Aelia Street.

06:43Second annunciation Greek Orthodox

06:45Church subdivision, six lots at 76

06:48acres.

06:50For commissioners, potential waiver of

06:52section 6B9, right ofway, 6C2A1

06:56substandard area, and 6C4 public street

06:59frontage. There are 12 listed

07:02conditions. The applicant present. Come

07:04on down.

07:08State your name and address for the

07:10record and tell us what's going on.

07:12>> Dick Mosley, 5588 Jackson Road. Um, for

07:15this one, it's also with item 10 and we

07:18would like to request a hold over until

07:20the next meeting. Um, the client had

07:22some questions that they were asking

07:24this morning. We didn't have time to go

07:26over everything with them and he had

07:27some problems with I think the PUD and

07:29we just didn't have enough time to

07:30really go over everything with him,

07:31answer all these questions.

07:33>> All right. Thank you. So, the applicant

07:35is requesting a holdover. I'll ask staff

07:37if a hold over for the next meeting and

07:39then the deadline for any

07:43supplemental material.

07:45October 15th.

07:46>> Did the applicant uh propose

07:48supplemental materials to be submitted?

07:50I didn't hear him. I apologize.

07:53>> No.

07:54>> Okay. That would be acceptable.

07:56>> So, it's good on the on the agenda for

07:57that week for that month.

07:59>> 15. I'll ask now because it's on the

08:02agenda and this would go along with 10.

08:04So we'll have we'll talk about it at

08:06that time as well. I'll ask if there's

08:08anyone in the audience because it is on

08:09the agenda for today. It's been

08:11suggested by the applicant for holdover.

08:13But if you are here today and would like

08:15to have questions towards this

08:17application speak for or speak against,

08:19you have the authority to do so. Anyone?

08:25>> All right,

08:26Mr. Chair,

08:27>> go ahead.

08:28>> Um question for staff. Uh given this is

08:30a a subdivision um and I I know that

08:34there there is some comments about storm

08:36water is a storm water study or is that

08:39required um with the subdivision or

08:42would that just be with when development

08:44takes place?

08:44>> That would be with uh development.

08:47>> And um I guess kind of the same the same

08:48as um a plan for trees and everything

08:51like that.

08:52>> Yes, sir.

08:53>> Okay. Thank you. Any

08:56further comments or questions from

08:58commissioners?

09:01All right, we will close public hearing.

09:03Uh go into deliber del deliberation. I

09:06will move to hold over this agenda item.

09:08Application subdivision to October 15th.

09:12>> Second.

09:13>> Properly moved and seconded. All in

09:14favor?

09:15>> I

09:16>> hold over for this agenda item passes.

09:18Number five, subdivision, excuse me,

09:20modification application at 900 Paper

09:23Mill Road. This is a major modification

09:26application of a previously approved

09:28planned unit development allowing

09:30multiple buildings on a single building

09:31site to allow the construction of a

09:333,000 ft building and a 12,400 ft

09:37building. For commissioners, there's

09:39potentially eight findings of fact and

09:41if approved, potentially 14 listed

09:44conditions. Applicant.

09:46>> Hey, good afternoon. Jay Broton, Broton

09:48Associates, we don't have any objections

09:50to any of the the conditions for

09:51approval. Um, it's pretty

09:53straightforward. They want to add, you

09:54know, two new buildings to uh really

09:57just to help with their current

09:59operations. One of them is a pipe

10:01coating uh three-sided metal building.

10:03The other is a material storage on their

10:05existing layown yard. Um, so like I

10:08said, that's what triggered the uh the

10:10major modification to the PUB. So, if

10:12you got any questions, I'd be happy to

10:14answer them. Any questions or comments

10:16from commissioners before we get to the

10:17audience?

10:21All right. Thank you, Mr. Broton. I'll

10:22now ask if there's anyone in the

10:24audience that has questions towards,

10:25would like to speak for, or speak

10:27against this modification application

10:29located at 900 Paper Mill Road.

10:34Reminder to please state your name and

10:35address for the record and speak clearly

10:37into the microphone.

10:38>> Good afternoon, commissioners. My name

10:39is Ramsey Spreg, 358 St. Louis Street.

10:44I'm the president of the Mobile

10:46Environmental Justice Action Coalition.

10:48Uh we filed substantial written comment.

10:52I I gave that to the staff uh today uh

10:55and they it arrived in the email last

10:57night. But this parcel lies within the

10:59Africa Town overlay. Article 11 of the

11:02UDC governs this parcel. The staff

11:04report is 13 pages. The words Africa

11:07Town Overlay, Safety Zone, and the

11:09Africa Town Neighborhood Plan do not

11:10appear at once, not a single time. Under

11:14applicable codes, there are two

11:15entities,

11:17and neither is article 11. Uh, article

11:205's procedures for previously approved

11:22uh, PUDS uh, set approve uh, set

11:25criteria for approvals on applications

11:27like this. One is consistency with all

11:30applicable requirements. That includes

11:32article 11. Uh, good luck making that

11:35finding on an analysis that was never

11:37reached. The Africa Town overlay

11:39requires every new non-residential

11:41structure to submit a CPTED plan, a

11:44crime prevention through environmental

11:45design plan. CPTED appears one place in

11:49all the code. There is one threshold,

11:52nonresidential structures. There are no

11:54exemptions and CPTED lacks any waiver

11:57authority for anyone in the city. The

12:00staff report doesn't mention it, doesn't

12:01wave it, and proposes no staff

12:03conditions addressing it. Uh that point

12:06does not depend on anything else I'm

12:07going to say. Criterion six for approval

12:11requires that you find this that uh this

12:16application does not uh cause noxious or

12:18offensive uh that it is not noxious or

12:21offensive by reasons of emissions,

12:23vibration, noise, odor, dust, smoke, or

12:26gas.

12:27The report makes no finding on any of

12:29that seven, but the Alabama Department

12:31of Environmental Management engineering

12:33analysis for this facility describes

12:35abrasive blasting, acid rinsing, epoxy,

12:38powder coating, solvent painting, and

12:40gas fired curing. Its permit carries a

12:43proviso on obnoxious odors, two on

12:46fugitive dust, and an opacity limit.

12:49Emissions, odor, dust, smoke, and gas.

12:51Five of the seven crit of the seven

12:54criterion six findings ADM uh has

12:58addressed as conditions on the permits

13:00at this address.

13:02Adam found that this facility is a

13:04potential major source under title five

13:06of the clean air act. It stays outside

13:08of that only by accepting a ceiling on

13:11what it can release. Compliance under

13:14ceilings like this are in almost

13:17entirely effective functions of

13:19throughput.

13:20Proviso 3 of their air air pollution

13:23permit requires a new application for

13:25any changes that may increase air

13:27contaminants. The community does not

13:29know if the applicant intends to seek a

13:31change to its synthetic minor operating

13:32permit based on the outcome of this

13:34application. A neighborhood meeting

13:36would go a long way towards cleaning

13:38that up.

13:40Based on concerns reported to my agency

13:43by Africa Town Resident residents about

13:45activity at the facility, I reached out

13:46to the company uh via the African

13:48business and community panel on July

13:5015th of this year. On July 16th, the

13:52applicant's vice president for health,

13:54safety, and environment and I spoke on

13:56the phone during which many concerns

13:57were raised. The applicant proposed a

14:00limited scope tour and small focus group

14:02meeting. After a few moments of

14:04consideration, I wrote to the applicant

14:05shortly thereafter in detail about the

14:08attitudes and history of the

14:09neighborhood sensitivities with respect

14:10to this property and those of

14:12neighboring properties that this

14:14facility is using uh in the right now uh

14:18neighboring properties that are not

14:19included in this pud uh because they all

14:22used to be part of the massively uh

14:24polluting international paper site. They

14:27replied on July 20th uh seeking a date

14:30to meet the following week. On July

14:3321st, I offered three separate weeks,

14:35named the venue the Robert Hope

14:37Community Center, told them in writing

14:38that these parameters mirror the UDC's

14:40neighborhood meeting requirements that

14:42uh that do apply to major pod

14:44modifications like this one. At that

14:47point, their interest in a pod

14:48modification was not communicated. No

14:51response to my email requesting and

14:53offering many dates for a neighborhood

14:55meeting was responded to. On September

14:5811th, when I learned that this had been

15:00filed for today, I called again and

15:02wrote the applicant again and offered

15:04again the option uh for to that they

15:07should voluntarily hold over their

15:09application uh [clears throat] and I

15:11indicated our principled opposition to

15:13the application uh until at least such a

15:16conforming meeting is held and and

15:17received no response.

15:19That is the very poor community

15:21engagement record in front of you.

15:23Earlier today, there was an Africa Town

15:24Business and Community Panel meeting.

15:26These are quarterly meetings. The

15:28applicant was invited. They did not

15:29choose to come. At this point, Mijak is

15:32asking for one month and we're asking

15:34for conformity with the UDC. Africa Town

15:37was founded by the survivors of the last

15:38slave ship to reach this country and for

15:40a century it has been redrawn, rerouted,

15:43reszoned, built, and built around by

15:45decisions made in rooms it was never

15:47invited into.

15:48You don't have to agree with me about

15:50the applicability of the specific Africa

15:52town overlay provision uh to this

15:55application to give 30 days arguments

15:58over those legal details are in uh

16:01minutia that I submitted in writing in

16:0314 pages. I I do argue that many of

16:06those things do apply and I think some

16:07of the conditions like condition three

16:09about the fencing is inappropriate and I

16:12provide uh alternative language therein

16:16uh for consideration of the commission.

16:18Uh but please hold over this

16:20application. Uh the community is deeply

16:22frustrated that there's been no

16:24communication that proactive uh positive

16:27communication was ignored repeatedly uh

16:30in that specific direction about the

16:32applicability of not only the community

16:34sensitivities but of the UDC's binding

16:37obligations to put applications and putt

16:40modifications like this were also

16:42ignored.

16:44>> Thank you, Mr. Sprag. Any questions or

16:45comments from commissioners

16:49specific to his document which we have

16:51several copies copies of that up here.

16:56All right. Thank you, Mr. Sprag. I'll

16:57now ask if there's anyone else in the

16:59audience that would like to speak for,

17:00speak against, or have questions towards

17:02this application.

17:17Reminder to speak your name and address

17:18for the record, sir.

17:25Good afternoon.

17:27I'm retired Marine Major Dr. Joe Wac,

17:30Africa Town, born and bred and darn

17:32proud of it.

17:35Unfortunately, today we're in what I

17:37call the reverse Robin Hood era. As we

17:40all know, Robin Hood took from the rich

17:42and gave to the poor. Today, it's the

17:45other way around.

17:47Big industry take from the poor and put

17:49it in the pocket and then they laugh

17:51about it.

17:52Recently, we we witnessed an incident on

17:56the news where richest man in the world,

17:58Elon Musk,

18:00he recently took his uh AI and and made

18:04it public and now he's a trillionaire.

18:05He's no longer a billionaire.

18:09He fired over 10,000 federal workers,

18:13took took millions of dollars away from

18:15underprivileged med medicaid people and

18:18money going overseas to help the poor

18:20and those that are dying. And then he

18:22held up

18:24a chainsaw in victory. To me, that

18:26chainsaw meant it was cutting the lives

18:28of people. People that wanted to live

18:3270, 80, 90 years if they could, but if

18:35they had some assistance.

18:38You know, today is the middle of

18:39September, September the 17th. It was

18:42two and a half months ago that we

18:43witnessed Virgin Pipe beginning to clear

18:47and make

18:49a way for them to uh store their pipes

18:51and and build their buildings in an area

18:53that we always thought was polluted.

18:57And now here we are two and a half

18:59months later and they're just asking for

19:00permission. Now, this thing they doing

19:03is they they're doing it backwards. And

19:05we're here for you to help clean up what

19:08they have done already and what other

19:10industries are doing to the African town

19:12community. A very historic area.

19:15Like I said, that area we know is being

19:17polluted.

19:19When we mentioned it to them, they said,

19:20"Well, we've done a phase one and a

19:22phase two."

19:24So, we said, "Okay, great. Show it to

19:27us." We haven't seen it yet.

19:32As far as we know, that area that

19:34they're trying to build upon doesn't

19:36belong to them. I don't know of any

19:38industry that would do a phase one and a

19:40phase two on area they don't own. That's

19:43not good business sense.

19:46You know, we have plans for that area.

19:48We've had plans since 2013, 2014, 2015

19:52when we fought the oil industry. They

19:54wanted to put tar sands over there.

19:56We later found out that that was $200

19:58billion dollar worldwide industry that's

20:01not over there right now.

20:03But we know the area is very much in

20:05demand because it it leads down to the

20:07water. If you've been keeping up with

20:09Africa Town, you may have seen that we

20:11recently opened up the Lewis Landing on

20:13the three-mile creek. That's an area we

20:16had playing. We playing for our Africa

20:18Town Blueway. We got money and now that

20:21area is now a fishing pier. People canoe

20:24over there. They fish. We've got we got

20:26plans for that area. We invited them to

20:28come over to Africa town and do a

20:30meeting

20:31as you all require. We wanted to show

20:34them our plans.

20:37They're not interested in our plan. Why?

20:40Because they didn't come over. They

20:41haven't had a meeting. They haven't even

20:42discussed it. Randomly mentioned about

20:44the things that he asked them to do and

20:46they just ignored them. They're not

20:48interested.

20:50You know, we've been working with the

20:51National Park Service. That's how we got

20:52Lewis Landing done. We won a national

20:55award back in 2019 for our drawings for

20:57our Africa town blueway which includes

21:00the hog by your area. They're not

21:02interested in that.

21:04If id have known your fly work and I

21:07brought you some slides so you can see

21:08those national uh prize award drawings

21:10that we have for that area that leads

21:12down to the to the water down in hall by

21:15you where I used to swim when I was 12

21:16years old learning to swim learn to do

21:18the dog paddle but it was swimming

21:22and so we like to have that available

21:24for our kids so they can learn how to

21:26swim

21:28you know in ex including migra senior

21:31bowl Africa town is the biggest draw for

21:34the city of Mobile right now. They're

21:37building a welcome center. We built a a

21:39museum over there. Number one museum in

21:40the city of Mobile,

21:43visited museum.

21:45Like I mentioned, we fought off the tar

21:46sands industry.

21:49But we need your help to help these to

21:52make these industries do what they're

21:53supposed to be doing, that is

21:55communicating with the with the with the

21:57people of the community, people they're

21:59intruding upon, intruding upon with

22:01their daily lives.

22:03We want we'd like to see their plans if

22:06they've done a phase one and phase two

22:07environmental study there. We want to

22:09see it because it be the good news to

22:10us.

22:13So, we need your help.

22:16Thank you. Thank you, sir.

22:21Any We have two more slots for

22:22opposition or questions towards this

22:24agenda item. Anyone else?

22:30All right, Mr. Broton,

22:32you'll have a two-minute period to

22:34address the comments from

22:37the speakers.

22:38>> Yeah, absolutely. Um

22:41I always love it when people show, you

22:44know, and take a proactive step to come

22:46out and and protect their their

22:48neighborhood and their community. So, I

22:49I commend I commend you for that. Um, we

22:52also acknowledge how environmentally

22:55sensitive our area is and the importance

22:57to uh look at development and

22:59redevelopments in the right way. Of

23:01course, um the the modifications that

23:05we're requesting are within the existing

23:08footprint of of their facilities right

23:11now. They're not expanding any new

23:13service lines or adding any new um any

23:17any new operations that would impact any

23:20of their their current ADM permits. Um

23:22the location is an existing layown yard.

23:25It's already covered by crushed concrete

23:27and aggregate. They're storing their

23:29materials there now. Uh the only change

23:32would be that instead of it being in the

23:34layown yard, it would be underneath the

23:36roof of a three-sided metal building.

23:39So, u that that would actually go a long

23:41way with cutting down the visibility of

23:43it. Um potentially the the noise

23:46reduction and and smoke as well. So, uh

23:50like I said, the the modifications are

23:51just to improve the current operations

23:53that that they're going through right

23:55now. So, um if y'all got any questions,

23:58I'd love to love to hear them.

24:01>> Any questions or comments from

24:03commissioners for the applicant?

24:09All right, seeing none, Mr. Broton,

24:11thank you. We'll now clo close close

24:13public hearing.

24:15We'll go into deliberation.

24:22Any questions or comments from

24:23commissioners to staff?

24:26Yeah, I've got one. Um there was in this

24:30uh the comments that this uh

24:34environmental justice action coalition

24:36group sent they mentioned about

24:38condition number three about the

24:39retention of the existing chain link

24:41fence. That's that's not binding for

24:43every fence forever. Is I mean it could

24:45be another type of fence if somebody

24:47wanted to build a nicer fence. That's

24:49correct. Yeah, that's what I thought. I

24:51was just making sure because there was

24:52like a whole there's a hole right up

24:54about the fence. If they wanted to put a

24:56a different wooden fence around some

24:58portion later, they could screen the

25:00perimeter differently if they so

25:01desired. The condition um is more or

25:04less not just to retain what's there,

25:06but to highlight the fact that there is

25:08a buffer requirement should they ever

25:09build a parking lot because the site is

25:11across from a residential property. Um

25:14at which time, if they did, would have

25:15to comply with the specific regulations

25:17for this particular uh ordinance.

25:20>> Great. I just wanted that said. Thank

25:22you.

25:33>> Any further questions or comments from

25:35commissioners?

25:38>> The comments about neighborhood

25:40meetings. I know we've this has been

25:43amended recently. Is that required u for

25:46modification of a PU?

25:48>> Not for a modification of a planning

25:49approval or a PUD. I think where the uh

25:53confusion comes in is it is required for

25:54a planned development which is a

25:57different different beast altogether.

25:59This is a modification of a previously

26:01approved planned unit development.

26:07>> A followup question for staff. So um I

26:10guess yes or no. Is this property in the

26:13Africa town overlay district?

26:16>> It is within the uh Africa town overlay

26:18district as a whole, but it is not

26:20within the Africa town safety district

26:22or safety zone.

26:24>> Okay. So

26:26uh to the comment about the

26:30where was it here? the

26:33yeah the CPTED plan

26:37>> that would be a requirement for the new

26:38buildings but that would be brought up

26:40during the um permitting process.

26:42>> Okay. All right. Thank you.

26:55Any further?

26:58Are we at a point where we can entertain

26:59a motion?

27:04Do we have to we have to do findings of

27:06facts on I don't potential.

27:09>> Yeah. Okay. I see A through H. Okay. Uh

27:12move to approve subject staff

27:13recommendations with findings of fact A

27:15through H.

27:18>> Second.

27:20>> Properly moved and second with findings

27:23of fact A, B, C, D, E, F, G, and H.

27:29All in favor?

27:30>> I

27:30>> I. Any opposed?

27:33The motion passes for modification.

27:37Number six,

27:39reszone application

27:41east side of Cochran Causeway north of

27:44Battleship Parkway. Reszoning of a

27:46single family residential suburban

27:47district R1 to a heavy industry district

27:50I2

27:53for commissioners. Potentially seven

27:55findings of fact.

27:57Is the applicant present? The applicant

28:00is present. Would you like to step down

28:02and give us a little reasoning on R1 to

28:04I2, please, sir? And reminder to state

28:06your name and address for the record.

28:12>> My name is Teller, excuse me. My name is

28:15Tier Kenny representing Telkon LLC. My

28:18address is 706 Monroe Street, Mobile,

28:20Alabama. Uh the request is simply to

28:22reszone the property from R1 to I2. We

28:25believe the request is consistent with

28:27the established industrial land use

28:29pattern uh within the Blakeley and Pinto

28:32Island areas uh and generally consistent

28:34with the city's future land use map and

28:36it would also address a possible zoning

28:39discrepancy that was identified in prior

28:42historical zoning maps.

28:45>> Thank you, Mr. Kenny. Any questions or

28:47comments from commissioners on the

28:49reasoning for the application for

28:50reszone to I2?

28:56I'll now ask if there's anyone in the

28:57audience that has questions for would

28:59like to speak for or speak in opposition

29:02to this reszone application at east side

29:04of Cochran Causeway north of Battleship

29:06Parkway.

29:08Thank you, Mr. Kenny.

29:12All right, seeing none, we will close

29:14public hearing. Go into deliberation.

29:17Entertain a motion.

29:20>> Move to approve. Subject to staff

29:22recommendations adopting findings of

29:23facts C, D, E, and G.

29:26>> Second.

29:29>> Properly moved and seconded with

29:30findings of fact C, D, E, and G. All in

29:34favor?

29:35>> I.

29:36>> Any opposed? The motion for reszone

29:39passes.

29:41Number seven, it's a reszone application

29:43at 5070 Old Shell Road, reszoning from

29:47single family residential R1 to

29:49neighborhood business suburban B2.

29:53For commissioners, there are potential

29:55seven findings of fact and if approved,

29:59potentially two conditions for the

30:01applicant. Is the applicant present?

30:04>> Mr. chairman. Uh due to a possible

30:07potential um conflict of interest, I'm

30:09going to recuse myself from assisting in

30:11this application and Mr. Rossler will be

30:14uh sitting in for me. Thank you.

30:16>> Thank you, Mr. Anderson. All right, you

30:18guys can exchange sheets. The applicant

30:19can come on down. A reminder to please

30:21state your name and address for the

30:23record.

30:33Good afternoon.

30:37>> Uh my name is Mahin Hijazi and my

30:40husband Reza Hijazi are the owner of

30:43Food Pack Inc. We also are homeowner in

30:47Country Club Village. Our neighborhood

30:51unique gourmet grocery store, which has

30:54been open since August of 1991,

30:57has been proudly served our community

31:00and neighborhood for the past 35 years.

31:05I am here today to support the resoning

31:08application we submitted it for the lot

31:11570 Old Share Road. Over the past 35

31:16years, we have witnesses the growth and

31:19transformation of our neighborhood into

31:23a vibrant busting community and we have

31:26grown right along with it. This resoning

31:30request is not just about food pack.

31:34It's about comparable land use.

31:37transitioning this property to new

31:40commercial use aligned directly with the

31:43city goals of fostering walkable

31:48sustainable neighborhood.

31:50We do have a lot of customer that they

31:52do walk, bike and even drive their golf

31:55carts to the store. It's very convenient

31:58for them.

32:00Our goal is not just to request a change

32:03on a map.

32:06We process a thoughtful transition that

32:09directly supports the future of our

32:12neighborhood.

32:14This project will transform and

32:17underutilized property into community

32:20asset. We want to be a good neighbors

32:24and responsible partner in this growth

32:28in this town's growth.

32:30We have actively spoken with our

32:33neighbors and business owners and

32:36businesses in our neighborhood and they

32:38mostly agree that updating this zoning

32:43ensure that our property remain an

32:46active

32:48and will maintain asset to the urban

32:51design rather than outdated limitation.

32:56This will allow our neighbor

32:58neighborhood grocery store to stay open,

33:02modernize our aging infrastructure,

33:06adapt to the changing neighborhood

33:09demand without changing character of our

33:13surrounding area.

33:15Thank you for your time, thoughtful

33:18consideration for this application and

33:21your continued dedication to the smart

33:25growth of our city. Thank you so much. I

33:28also have to mention that one of our

33:30customer did put a change.org petition

33:34out there and we do have about 5,000

33:37signature as uh as of today almost.

33:41Thank you so much. Here's my architect

33:43engineer. if you have any questions.

33:45>> Thank you, Mr. Jazzy. Uh before we get

33:47to that or you, sir, I'll ask if there's

33:50any questions uh of commissioners for

33:52the applicant on the reasoning to go

33:54from R1 to B2 at this location.

34:04All right. Do we want to We're going to

34:06count him as a I'll now ask the audience

34:08and you're there first. We will have an

34:10opportunity for four speakers. Three.

34:12Four. Three left. four and four in

34:14opposition. I will count you as a four.

34:18Go right ahead and introduce your name

34:19and address for the record if you'd like

34:21to make any comments towards this

34:22application. I understand you're the

34:23architect, but there might be questions

34:25from commissioners for you as well.

34:26>> Yes. Tim Spafford, Architecture and

34:29Design, 1263 Lake Circle West, U 36693.

34:35Um, all right. First of all, this

34:39illustration is not accurate on the site

34:41layout. That makes the building overlap

34:44the site into the uh alley behind it. If

34:48you could pull up one of the site plan

34:50illustrations, that would be better. But

34:52um

34:55well anyway um

34:59Maheen bought the property and had it

35:02surveyed and it is listed as commercial

35:06lot B and in the history of the staff

35:10report it says you know it was it was

35:14never

35:16zoned for commercial even though it was

35:19labeled commercial. So, somebody dropped

35:22the ball way back when because it was

35:24clearly intended to be a per commercial

35:26lot and it's still recorded that way

35:30with the survey. So, that's that's one

35:33reason for the change. Also, they have

35:36to have the B2 to operate a grocery

35:40store. So, that's their intent. If it is

35:43approved, if the reasonzoning is

35:44approved, the site can accommodate all

35:48the requirements for a property, a B2

35:53zoned property for parking, landscape,

35:56etc. But now we do have an upcoming

36:00application with the variance commission

36:02on some things we would like to change

36:05just because of the unusual layout of

36:08the property. If you're if you've looked

36:10at some of the illustrations, the

36:13rightway in front of the in front of

36:16this property to the um curb line of Old

36:21Shell Road that varies from

36:24200 ft to 700 ft. It's not a separate

36:28city-owned lot for parking for Live

36:32Vetta Park. It's part of the rightway.

36:34So when Maheen puts forth her money to

36:39develop this property, she's going to be

36:41be responsible for maintaining that

36:43right away, which we have to have

36:45sidewalks on all sides. We have to have

36:48uh street trees and things to comply

36:51with the the the Spring Hill

36:54requirements. So, there's a lot of money

36:56she's planning on spending, but she

37:00needs it reszoned to to to relocate

37:03relocate the grocery store. They're

37:05losing their lease on their property

37:08that they use now. And she bought this

37:10lot with the anticipation of develop

37:13developing it for her business.

37:17um

37:24in the rightway with the rightway

37:27varying between 200 and 200 feet and 70

37:31ft. The Sorry, I'm getting [snorts] a

37:34call. Um I reviewed the rightway

37:39requirements with the city. They're

37:40they're not really

37:43um

37:44written as a description of what to do.

37:47It's a series of statements, but

37:49essentially what how the the right of

37:53way will be handled falls back to the

37:55city engineer making the decision. So,

37:58we'll have to comply with whatever the

38:00city engineer requires if the project is

38:04reszoned and we move forward with it.

38:07So, but once again, I think it was a

38:10mistake made way back when when they

38:12didn't when they annexed this area. It

38:15was labeled a commercial lot, but it's

38:17in the middle of residential next to a

38:19park. The other property where she's

38:22currently located was grandfathered in

38:24as a non-conforming use. Same as the

38:27adjacent.

38:29>> Is that it or is that one?

38:30>> Summarize. Just summarize. Bring it in

38:33for a landing. the the uh property to

38:35the east is the uh Maple Biscuit

38:38restaurant. So, it's uh

38:42you know, we'll we'll it'll be my task

38:46to design a pleasant nicel looking

38:49facility for her and she does a great

38:52business and um a lot of the community

38:55supports her. So, just please ask for

38:58your consideration.

39:00>> Thank you, Mr. Spafford.

39:01>> Mr. here.

39:02>> Go ahead.

39:03>> Um you you brought up I guess there's a

39:05BZA application uh board of um

39:08adjustments. Um what what items are

39:12y'all just because of the unusual

39:15layout with the rightway. We were asking

39:18for a reduction in building setback

39:22because we are so far back from the

39:24road. And then also since we're planting

39:28we'll be required to plant street trees.

39:31We were asking for a uh relief on the

39:34frontage trees

39:37um on the front of her building

39:40um and then also the landscape area. Now

39:44you can

39:46include part of the u landscape area in

39:51the rightway with your landscape

39:53calculations,

39:54but I've addressed this issue before.

39:58The way it's worded, you can interpret

40:00it two ways.

40:02The uh the way I interpret it is you can

40:06count 3%

40:09of your 12% in front of the building as

40:13coming from the

40:15rightway.

40:17The um

40:19the city has interpreted as 3% of the

40:2312% which is a very small amount. It

40:26really doesn't make sense the way they

40:29interpret it in my opinion, which I'm

40:31often wrong, but I try and fight for

40:34what I think the owner deserves and what

40:36I think is right. But anyway, those are

40:38the things we're looking for relief on.

40:41But just keep in mind, we can meet the

40:43requirements of the R2, I mean the B2

40:48requirements with the site with no

40:49variances if we need to.

40:51>> That includes parking, I guess,

40:53>> including parking. And then um the site

40:56plan that we have in front of us is a

40:578,600 square foot facility. Um is that

41:01is that what the intent I guess is to to

41:03construct an 8600T

41:05uh building?

41:06>> Yeah. Well, the um with the variance

41:09request, uh Maheen decided she could

41:13live with a smaller building. So that

41:16reduces it to 6,500.

41:19But the B2 regulations allow more

41:22building than than that if you have the

41:26parking for it. But uh we kind of got an

41:29unusual site. It's kind of I don't know.

41:31It looks like a

41:32>> it's awkward. It looks like a a a

41:36squishy toy my kids would have played

41:38with. But um

41:40>> and then my last question is um since

41:42you are the engineer on it, um I don't

41:45see where I see the detention area for

41:48for I for storm water um but I I don't

41:51see a dumpster pad. Um what's the

41:53thoughts on where where would the

41:54dumpster pad go? I guess in order to

41:55accommodate a B2 here. Well, the the um

42:01on the site plan layout, we have a

42:03service delivery area.

42:05>> Yes, sir.

42:06>> And in the back and then it's screened

42:09with uh a privacy fence. So, it would be

42:12in the back.

42:13>> Okay. Thank you.

42:14>> So,

42:17thank you, Mr. Woods.

42:21Any more questions for Mr. Spafford

42:22before we move on to audience

42:25participation? All right. Thanks, Mr.

42:27>> I have a question.

42:28>> Go ahead.

42:29>> And this may be for the applicant. The

42:33request to go to B2, there's lower

42:36zoning designations that would allow

42:39for, you know,

42:43the food pack to operate there. Is there

42:46a reason we're trying to get to B2? Uh,

42:50and just I I'm curious for this because

42:53we've got several different designations

42:55that would allow, you know, food sales.

42:58Um,

43:00and so I'm a little curious about what's

43:02going behind the the request for a B2.

43:08Well, I think the staff report says

43:11there if the if the uh commission wants

43:14to approve a a lesser

43:18zoning, they can. So, but um

43:25that is what uh the owner requested was

43:27the B2, but if if if one of the other

43:30lesser designations would work, I'm I'm

43:35sure she would be happy with that.

43:38And to follow up on the the parking,

43:42I mean the parking is also going to be

43:43tied to the square footage of the

43:45facility.

43:46>> Yes. One space per 450 ft of of

43:51building.

43:52>> Okay. And

43:55have y'all kind of run the numbers and

43:57looked at that because this is also in

43:58the springell overlay which is going to

44:00have requirements on, you know, sizing

44:03relative to the lot.

44:06Yeah, we'll be required to meet those

44:09requirements. I mentioned a few of them,

44:11the street trees and the sidewalks and

44:14things. So,

44:17is there a Well,

44:22not

44:24those are all the questions I have.

44:27>> All right. Thank you. I Thank you, Mr.

44:29Spard. I'm going to ask if there's

44:30anyone else in the audience that we have

44:31two more slots in four and then anyone

44:35in opposition if you'd like to come

44:37down. We'll stay on the four side right

44:39now.

44:45Afternoon. I'm Jerry Spiegel, 4320 Bab

44:49Street Mobile, probably half mile from

44:52this location uh in Ravine Woods. Um, my

44:56wife and I have lived in our house for

44:58on Bab Street for 33 years. Um,

45:03I mean this, uh, the food pack's just

45:06part of our neighborhood. I mean, um,

45:10if you want a great muffilada and you

45:12haven't had one lately, I suggest you go

45:14there. My problem with going in Reza

45:17and, uh, Mahane's place is that um, I

45:21just want to buy all the chocolate. Uh

45:25when I look at this area right here,

45:28um it's sort of what B2 or or lesser

45:32designations for allowing food and food

45:35service places to be. I mean, that's

45:37what urban planning is about is you

45:39don't have to go to Airport Boulevard to

45:41get a muff. You don't have to go to

45:43Airport Boulevard to get all the other

45:45great products that um that Food Pack

45:48has. Um they,

45:52you know, I was I'm not sure that the

45:54planning commission had any input, but I

45:57know I was in at the city council for

45:59the Maple Street and um uh as John Val

46:05um chewed on me a little bit about

46:07opposing the college bar that was

46:10proposed to be put where Maple Street

46:12is. Um and and that was killed um or

46:15withdrawn. And Maple Street has been a

46:18great neighbor. the the the abandoned I

46:21think it was abandoned or looked

46:22abandoned. Uh auto repair shop resters

46:25was there um just east of um of this

46:30location and it just looked terrible

46:33looked terrible forever. Uh Maple

46:35Streets got a good look to it. We all

46:37knew they were going to be using the um

46:40the parking in front of the city park

46:43there and and they do, but I haven't

46:45noticed any problems. I haven't noticed

46:46any problems with parking every time.

46:49And I go up and down Old Shell a good

46:51bit. Maybe uh some of you do too. And

46:53and I go to the food pack and there's

46:57there's never a problem with parking

46:58there. Um there may be five or six at

47:02the most cars in that parking lot. This

47:04isn't going to be a problem with

47:05traffic. And we and when I was talking

47:07to Resa uh I think it was Saturday

47:10afternoon. I went around and looked

47:13across to the east of this property.

47:16There's an abandoned house and it looks

47:19like an abandoned house. Um it's all

47:21grown up behind the lot, the back part

47:24of the lot where the alley is. And then

47:26there's a privacy fence. And I assume

47:27the design will have even a higher

47:29fence. So, there really would I would

47:31not think there would be much of an

47:32effect on the residents uh to the north.

47:35Um, and I'm guess I'm just one of 5,000

47:41people that want to keep um Resa Mahane

47:46where they are right now. Um, and I

47:49think they'll have a good-look building.

47:50The building right there right now, I

47:52mean, just to be honest, it's it's not a

47:54good looking building. um and what's

47:57been going on which planning commission

48:00approval, city council approval about

48:02what has gone on with and also with

48:04Spring Hill um group. Uh it's really

48:08made a difference in how Oell Road looks

48:11over the certainly over the 30 something

48:13years I've been there. And we want to

48:16keep that going and we want to keep our

48:17local um uh you know local stores there.

48:22I mean, I don't want to have to go to

48:24Airport Boulevard or three or four miles

48:27down Oell to to to get the things that I

48:31might be able to get that that res have,

48:35but it's also not what they have. I

48:38mean, this is a very unique place. This

48:40is not like any store you'll see. I

48:42mean, you'll see a store like this in a

48:44large metropolitan area. Maybe you may

48:46see it in Manhattan or, you know,

48:48Washington DC or something, but this is

48:49a unique place. We need to keep them

48:51there. This is part This is part of the

48:54neighborhood. It's It's not just a

48:56store. This is part of the neighborhood.

48:59And um I don't know what happened. I've

49:01seen the old plat. I mean, when this was

49:03subdivided, it was called commercial lot

49:05B. Um I mean, that's what was always

49:08intended. And when you look at the area

49:10there, it makes sense. You've got

49:13commercial on the east, commercial

49:16behind the park, and commercial on the

49:18west. I mean, it's it's just sort of a

49:19perfect little area to come into. Um, so

49:22I just I I mean, I'm

49:25I'm not getting paid for my comments

49:27here today. I'm here as a resident and

49:28I'm here as a neighbor and um I just ask

49:31for you guys to uh approve this if you

49:33would recommend it to the city council

49:35for approval for for the zoning change.

49:38>> Thank you, Mr. Spiegel.

49:41One more slot for

49:47a reminder to speak your name and

49:48address for the record.

49:50>> Good afternoon and thank you for giving

49:52me the opportunity to speak. My name is

49:54Benas Basi and I'm here as a

49:56representative of the Iranian community

49:59in

49:59>> Move a little bit closer to the

50:00microphone, please.

50:01>> Should I start over?

50:03>> Yes. No, you're fine. We're good.

50:04>> Okay. My name is Benazimi and I'm here

50:07as a representative of the Iranian

50:09community in Mobile and as someone who

50:12has seen what food pack and Hijazi

50:16family have uh meant to our community

50:19for so many years. Food pack is not a

50:23new business trying to come into the

50:25trying to to come into this community.

50:28Mr. Hijazi has operated food pack in

50:31Mobile for 35 years.

50:34For more than three decades, the this

50:37small locallyowned business has served

50:40people from many cultures and

50:43backgrounds.

50:45Mr. Hijazi is not leaving his current

50:49location simply because he wants a

50:51different space. The problem is that the

50:55lease is is not going to be renewed. He

50:58owns this nearby property and is asking

51:02for the opportunity to continue the

51:04business he has spent 35 years building.

51:08I also want to say something very

51:11important. I understand and respect the

51:13concerns of the neighboring homeowners.

51:17We all want to protect the peace,

51:20safety, and character of our

51:22neighborhoods. I would want the same for

51:25my own neighborhood.

51:27I hope concerns about traffic, lighting,

51:30landscaping, buffering, deliveries, and

51:32hours of operation can be addressed in a

51:36reasonable way that respects the

51:38neighbors while giving this longtime

51:41local business an opportunity to

51:44continue.

51:46Food Pack is also more than just another

51:50grocery store. It provides Iranian,

51:53Middle Eastern, Mediterranean and other

51:55international foods and products that

51:58many of us cannot find easily in other

52:01conventional store. Mr. Hijazi and his

52:05wife have also given back to Mobile for

52:08so many years through the Mobile

52:10International Festival, proudly sharing

52:14Iranian food, crafts, music, dance, and

52:17traditions.

52:18Through the festival's educational

52:20programs, they have helped teach

52:23elementary, middle, and high school

52:26students as well as the public about

52:29Iran, its people, traditions, and

52:32cultures. Their contribute, their

52:34contribution has gone far beyond simply

52:37running a business.

52:40For those of us who came to this country

52:43from somewhere else and made Mobile our

52:46home, places like food pack give us a

52:50connection to the culture we came from

52:53while allowing us to share that culture

52:56with the community we now call home.

53:00We are a part of Mobile and our

53:03different cultures, traditions and small

53:06businesses are part of what makes this

53:09city special. So today I respectfully

53:12ask you to consider food pack 35 years

53:16history. the Hijazi family's

53:18contribution to our community, the

53:21circumstances that have made this move

53:24necessary and whatever the concerns

53:27surrounding this location can be

53:29necessary can be reasonably addressed as

53:33you consider this resoning request.

53:36Last, I don't think the city of Mobile

53:40is um ready to lose one of its best

53:43malleta sandes either. Thank you for

53:46your time and consideration.

53:49>> Thank you, ma'am.

53:51At this time, we'll now open up the

53:53podium for anyone who would like to have

53:55questions towards this application or

53:56speak in opposition to it.

54:03And a reminder that the applicant after

54:05the opposition will have a two-minute

54:06rebuttal period.

54:10Um,

54:12respectfully, I believe the count on the

54:14four side is off. We had Mr. Jazzy's

54:17>> respectfully, we had four.

54:21>> Thank you.

54:21>> Thanks.

54:25We had four. We We counted the I stated

54:27when the architect came up, we have to

54:29make be mindful of the other agenda

54:31items. When the architect came up, I I

54:33gave him the thumbs up that it was going

54:34to be the third the second and we would

54:36have three more and he agreed.

54:38I'll now open it up. Open it up for

54:40opposition speakers.

54:46>> Oh, good afternoon. Richard Smith, Rick

54:48Smith, 307 Spring Hill Woods Drive West.

54:52Uh, for those of you not familiar,

54:54directly behind Country Club Village.

54:57Um, my family's owned and rehabilitated

55:01property in Country Club Village since

55:02the 60s. I think my dad paid $4,000 for

55:06his first house. They trade for in the

55:08300s now. Um, my grandmother lived

55:11there, uh, moved in in the 50s and lived

55:14there for more than 40 years. I've been

55:16in Spring Hill Wood since 1998.

55:19Uh, been was an active participant in

55:21the park project '08 um, with Kelly

55:24Myers, where I first met her. Um, and

55:27I've worked to support commercial

55:29development in the area. I'm a small

55:30businessman. Um, you know, we supported

55:33the redevelopment of the resters

55:35property into a restaurant prior to

55:37Maple Street. Um, and uh, you know, my

55:41concern is that not against uh, change

55:44or thoughtful redevelopment, but rather

55:48that zoning is is permanent. And so we

55:51don't none of us know what's you know

55:53when they when the city uh when that

55:56that was originally developed in 1943

56:00the city's limits ended on old shell

56:02road which what is now uh dreamland. So

56:07things change. We don't none of us can

56:09look into the crystal ball and see

56:11what's going to happen. Um, I enter and

56:15exit Border Drive three to four times a

56:17day and I have for the last 28 years.

56:21Um, you know, the new uh location uh

56:25that FoodPac is providing which I've

56:27trade with food pack on occasions um is

56:31uh is going to be very congested. If you

56:33think about it, there's a there's two

56:35oak trees not shown in the site plan

56:38that are in the middle of the street. So

56:40it's going to be difficult for an

56:4118-wheeler to back in and access the

56:43service area. Um even even with a fifth

56:47wheel. Um

56:49so you know we need to think about that

56:51is deliveries are important part of

56:53their business. Um a business which they

56:56plan to grow when they build into move

56:58into their own building. Um the

57:00sanitation concerns um the increased

57:02traffic but most importantly the storm

57:05water drainage. You know storm water is

57:08a major issue. doing is a major

57:10responsibility of every developer. I've

57:12been involved in uh quite

57:13[clears throat] a few projects and uh

57:16you know, you look at it, we've got a

57:18we're going to put we already have a

57:20flooding issue there with the streets

57:21both on Border Drive and on Parkway

57:24Drive East and uh so they're going to

57:27clear the lot. They're going to put

57:288,000 square feet building, maybe 6,000,

57:31but they're going to clear it. It's

57:32going to be a lot of non-permeable area.

57:35Um so with that we're the park is

57:39putting in a lot of money to correct the

57:42drainage issues that were done when we

57:44redid Live Veretta Park in 2004.

57:48So you know we really the our concern is

57:52gr is uh very warranted with all of the

57:56with the extra water. It's got to go

57:58somewhere. And we know the drainage

58:00pond, the retention pond is going to

58:01have to be pretty sizable to take that

58:03water because any up you up current for

58:07upstream uh development, the water's

58:09going to run downhill and run right into

58:12uh right run right into the park um into

58:16the playground actually. Um the uh sorry

58:20I just learned that I was going to speak

58:21today a few hours ago. Um, you know, the

58:24sea's making the significant

58:26improvements in the drainage. Um, we've

58:28met with them when they were uh showing

58:31sharing the plans. Um, I just ask that,

58:34you know, the planning commission

58:36consider the long-term

58:38implications of changing the property.

58:40You know, we all love food pack. I'm a

58:43small businessman. I have the last time

58:45I spoke in front of the commission was

58:46in support of a of a pro a restaurant

58:49going into brothers. Um, you know, just

58:53remember we're reszoning not for the

58:55applicant but for the use. I I

58:58appreciate your consideration. Thank you

59:00for all your service and uh

59:04thank you.

59:05>> Thank you, Mr. Smith. Next for speaking.

59:17Reminder to state your name and address

59:18for the record. Yes, sir.

59:21My name is Kyle Ankerson and I live at

59:24159 Border Drive West in Country Club

59:26Village. I'm speaking today on behalf of

59:28the residents who live adjacent

59:31to and within this neighborhood to

59:33express our strong opposition to the

59:34application, the proposed reszoning of

59:375070 Old Shell Road from R1 to B2.

59:41I want to make one thing clear. We're

59:44not in opposition to the food pack. We

59:46love the food pack. Um what we are in

59:49opposition to is the reasonzoning of

59:50this property. Um

59:55our opposition rest on four critical

59:57pillars. Incompatible and physical un

1:00:00unsuitability of the site. The applicant

1:00:03is propos proposing an 8,600 ft

1:00:06commercial building on a halfacre lot.

1:00:08To put that size into perspective, that

1:00:10is the equivalent of a multi-tenant

1:00:12strip mall, roughly the size of the

1:00:14development across from USA, anchored by

1:00:16a chicken salad chick and habachi grill.

1:00:18It simply does not fit. The severe side

1:00:21constraints fitting an 8,000 square foot

1:00:24uh footprint onto an halfacre parcel

1:00:26leaves virtually no room for standard

1:00:28buffered zones, adequate parking, or

1:00:30proper storm water detention. Sweeping

1:00:33variance request. The applicant has

1:00:35already filed for waiverss for minimum

1:00:37street setbacks, mandatory tree planting

1:00:39and landscaping, and basic on-site

1:00:42parking requirements. Squeezing a

1:00:44building of this magnitude onto a lot

1:00:46requires stripping away the very

1:00:47protections designed to blend commercial

1:00:50edges with residential streets,

1:00:52logistics, and safety. The site plan

1:00:55relies on only eight parking spots which

1:00:58will immediately cause customer parking

1:00:59to spill over on the border drive east

1:01:01parkway east and the public parking lot.

1:01:05Furthermore, maneuvering large vehicles

1:01:0718-wheelers or narrow residential

1:01:09streets to access rear loading docks

1:01:11create severe safety hazards and puts

1:01:13mature neighborhood trees at risk.

1:01:17Country Club Village already experienced

1:01:18significant east to west drainage and

1:01:20storm water runoff issues. Paving over

1:01:23mature wooded lot to construct a massive

1:01:25building and parking areas will

1:01:27drastically reduce natural water

1:01:29absorption. Additionally, clearing this

1:01:32canopy canopy displaces local wildlife

1:01:34into surrounding backyards and destroys

1:01:36the natural buffer that currently

1:01:37protects homes along Village Circle East

1:01:40and Border Drive East from Old Shell

1:01:41Road.

1:01:43Immediate harm to adjacent homeowners.

1:01:45The residents whose backyards and

1:01:47sideyards border this property will car

1:01:49carry the daily burden of this

1:01:51development. Light pollution from

1:01:53overnight commercial light lot lighting,

1:01:55constant operational noise, commercial

1:01:57dumpster placement, pest attraction, and

1:02:00late night or early morning waste

1:02:02disposal,

1:02:04overflow street parking directly in

1:02:06front of the residence. As former

1:02:08planning commission members have pointed

1:02:10out, individuals living outside the

1:02:12immediate area may enjoy the abstract

1:02:14convenience of a commercial market, but

1:02:16it is the adjacent homeowners who bear

1:02:18the immediate loss of privacy, quality

1:02:20of life, and property value. The

1:02:23permanent zoning risk and commercial

1:02:24creep. A former planning commissioner

1:02:27noted, "Once an R1 property is converted

1:02:29to B2, that classification remains

1:02:31forever. If food pack ever closes,

1:02:34moves, or sells, the neighborhood loses

1:02:36all save or what replaces it. By right,

1:02:39under B2 zoning, this site could become

1:02:40a fast food drive-thru, 24 conven

1:02:4324-hour convenience store, dollar store,

1:02:45bar. Furthermore, granting a spot zoning

1:02:48change from R1 to B2 sets a dangerous

1:02:50precedent for commercial creep along Old

1:02:52Shell Road, gradually eroding the

1:02:54residential boundary of neighborhood

1:02:56that has stood as a stable home for

1:02:58families since World War II. Conclusion.

1:03:01Country Club Village is first and

1:03:03foremost a residential community. The

1:03:05Hajis purchased an R1 residential parcel

1:03:08knowing its historical context and

1:03:10zoning limits. While we hope to find an

1:03:12appropriate zone commercial site

1:03:14elsewhere in Spring Hill, taking away

1:03:16zoning protections of existing

1:03:17homeowners is not the solution. We

1:03:20respectfully ask the planning commission

1:03:22to maintain the integrity of our master

1:03:23plan, protect our neighborhoods

1:03:25infrastructure and quality of life, and

1:03:27deny the application to reszone 5070 Old

1:03:30Shell Road. Thank you for your

1:03:31consideration.

1:03:33>> Thank you, Mr. Ankerson.

1:03:36Next for the podium,

1:03:41reminder to please speak your name and

1:03:43address

1:03:44for the record.

1:03:49Linda St. John, 320 Avalon Street. I am

1:03:53president of the village of Spring Hill,

1:03:55and for 21 years, our organization has

1:03:58stood firmly in defense of our community

1:04:01and our master plan established to

1:04:03protect the character, quality, and

1:04:05long-term vision of Spring Hill. During

1:04:08that time, we have faced repeated

1:04:10attempts by developers to circumvent or

1:04:12weak weaken the guidelines in our plan

1:04:15that we have consistently opposed. With

1:04:17the support of the city and the planning

1:04:19commission, we have been successful in

1:04:21defeating all of these non-compliant

1:04:24attempts. If we had compromised these

1:04:26developments, the village of Springville

1:04:28would not look the way it does today.

1:04:31Through our persistence, commercial

1:04:33development is increasingly becoming

1:04:35more compatible, beneficial, and

1:04:37aesthetically appropriate for our

1:04:39community. Our master plan was created

1:04:42with the help of a nationally renowned

1:04:44planning firm with the input of over 600

1:04:47Spring Hill residents, every single city

1:04:50of Mobile department, the mayor and his

1:04:53entire executive staff, commercial

1:04:56developers and realators in Mobile, and

1:04:58commercial property owners in the

1:05:00village. Our plan was adopted by the

1:05:02city and after 16 years the code was

1:05:05finally incorporated into the city of

1:05:08Mobile's unified development code as

1:05:10mandatory for development within the

1:05:12village boundaries. It represents a

1:05:15carefully considered community vision,

1:05:18not a suggestion or an obstacle to be

1:05:21overcome when a particular development

1:05:23does not fit.

1:05:25It established the future of our

1:05:27community should be guided by a plan

1:05:30created with the community, not dictated

1:05:33by developers, seeking exceptions or

1:05:35compromises to accommodate projects that

1:05:38do not belong. We are currently working

1:05:41with several commercial developers who

1:05:43are developing their projects in

1:05:44compliance with the master plan. That is

1:05:47the kind of growth Spring Hill should

1:05:49encourage. Food pack is exactly the type

1:05:52of business we would encourage in string

1:05:54in the village in an appropriately zoned

1:05:58location. If we allow sentiment and

1:06:00emotion to open the doors allowing

1:06:03non-compliant development in Spring

1:06:04Hill, our plan eventually will not be

1:06:07worth the paper it's written on. This

1:06:10year, we worked with a residential

1:06:12developer proposing cottage style homes

1:06:14on this exact property. After extensive

1:06:17due diligence and significant investment

1:06:19by the developer, the plans were

1:06:21approved by you, the planning

1:06:23commission, and overwhelmingly supported

1:06:26as an appropriate development at this

1:06:28location by the owners of the property.

1:06:31Now, the owners think it is better

1:06:33suited for invasive, broadly zoned

1:06:36commercial development non-compliant

1:06:38with the community plan. The residential

1:06:41developer has expressed an interest in

1:06:43revisiting the residential concept and

1:06:46believes it would still be a great

1:06:47addition to the village in this

1:06:48location. This is the type of

1:06:51appropriate appropriate thoughtful

1:06:53development we would support.

1:06:56City regulations require an applicant

1:06:58seeking a zoning zoning change to show

1:07:00justification.

1:07:02In our opinion, that requirement has not

1:07:04been met by this application. A landlord

1:07:07tenant dispute is not justification.

1:07:10This proposed development will have a

1:07:12negative impact on adjacent property

1:07:14owners and beyond. It will certainly

1:07:17increase traffic inside a neighborhood

1:07:19next to a children's park. It will

1:07:22contribute to ongoing drainage issues.

1:07:24is not in any way compatible with our

1:07:27established comprehensive community

1:07:29plan, the blueprint for Spring Hill, and

1:07:32the proposed zoning is not compatible

1:07:34with the zoning of the surrounding

1:07:36properties, allzoned R1.

1:07:39I want to thank the planning commission

1:07:41for your past support and ask that you

1:07:43help us continue to protect the

1:07:44integrity of the master plan for long

1:07:46term for our children and their children

1:07:50and support the guidelines development

1:07:52has been following for the past 21 years

1:07:55without compromise. The village of

1:07:58Spring Hill's opposition is clear. We

1:08:00support responsible growth, but we will

1:08:02not support development that disregards

1:08:05the Spring Hill Community Master Plan,

1:08:08compromises our neighborhoods, or

1:08:10changes the fundamental character of our

1:08:12community for the benefit of of a single

1:08:14business that may or may not even be

1:08:17viable in the future. Thank you.

1:08:21>> Thank you, Miss St. John. I'll ask now

1:08:23for the last speaker,

1:08:26and at that time, we will close the

1:08:28public hearing session. Excuse me. We'll

1:08:30allow rebuttal from the applicant for

1:08:31two minutes and then close. Yes, sir.

1:08:33Name and address for the record.

1:08:35>> Commission members, my name is Thomas

1:08:37Myers and I live at 4270 Horloester

1:08:40Court, which is approximately 250 ft

1:08:42from the subject property where my wife

1:08:44and I have lived for 25 years. I was

1:08:47also [snorts] heavily involved in

1:08:48developing the Spring Hill overlay uh

1:08:50zoning in 2008, working with Dover Coen

1:08:53Partners, the village of Spring Hill,

1:08:55the planning commission, and the city

1:08:56council. Uh while I fully support

1:08:59foodpack as a business, I want to

1:09:00express my strong opposition to this

1:09:02resoning. It fails to meet any of the

1:09:05objective criteria which would support

1:09:06an increase in zoning intensity. Uh nor

1:09:09does it meet basic design requirements

1:09:11related to parking, storm water

1:09:13retention, landscaping or building

1:09:15placement. For these reasons, we believe

1:09:17the application should be denied and

1:09:19want to also be clear that the property

1:09:21was purchased by the applicant 5 years

1:09:23ago with full knowledge that it was

1:09:25zoned single family residential. It was

1:09:27also purchased with full knowledge that

1:09:29at least two prior attempts to reszone

1:09:31uh to commercial use had failed and the

1:09:34applicant recently received approval to

1:09:36subdivide it into six residential lots,

1:09:39a change that was supported by the

1:09:40community. As mentioned, this parcel has

1:09:43a history of failed commercial zoning

1:09:44attempts, including a business parking

1:09:46lot and a cable billing office precedent

1:09:49that reaffirms its unsuitability for

1:09:51business classification. The city's

1:09:54comprehensive plan calls for this parcel

1:09:56to remain mixed density density

1:09:58residential. Uh both current businesses

1:10:00at the neighborhood's entrance were

1:10:02grandfathered in uh and are operating

1:10:04with use variances to R1 designations.

1:10:07And this proposal would increase

1:10:09commercial utilization at the

1:10:11neighborhood frontage by 245%

1:10:13based on square footage.

1:10:16Um, also want to discuss the criteria

1:10:18specifically. Uh, the parcel's current

1:10:20R1 designation was not made an error.

1:10:22It's been in place since the city

1:10:24incorporated the neighborhood. Uh,

1:10:26secondly, the proposed use is

1:10:27incompatible with surrounding uses.

1:10:29There are four residential properties

1:10:30abudding the parcel to the north and

1:10:33additional traffic and intensity on two

1:10:35streets without traffic signals to Old

1:10:37Shell Road will significantly increase

1:10:39risks to both pedestrians and adjacent

1:10:42uh and other drivers in the area.

1:10:44Fourth, the presence of a business zone

1:10:46parcel at this location will certainly

1:10:47lower property values of adjacent

1:10:50residential owners and decrease the

1:10:52level of health, safety, and general

1:10:53welfare. Fifth, there is no capacity

1:10:56need outside of the individual's

1:10:57business's desire to remain in the same

1:10:59location. There are many available

1:11:01parcels and buildings within a mile or

1:11:03two or even less, and these would

1:11:05certainly support food packs ongoing

1:11:07operation and would be supported by

1:11:09residents of this neighborhood. Um, six,

1:11:12as mentioned, there have been no changes

1:11:14to the underlying use of the area other

1:11:15than a change of status to food packs

1:11:18current lease for the greatest benefit

1:11:20of the neighborhood as a whole and in

1:11:22support of the city's UDC. the zoning

1:11:24requests we believe should be denied.

1:11:26Even as it fails to meet any of the

1:11:28objective criteria to support resoning,

1:11:30the applicant's proposal, including the

1:11:3311,000 ft version presented at the

1:11:35neighborhood meeting, the 8,600 ft

1:11:38version submitted with the application,

1:11:40and even the newly circulated 6,500 foot

1:11:43version failed to meet basic

1:11:45requirements related to parking, storm

1:11:47water retention, setbacks, and

1:11:50landscaping.

1:11:51In fact, requests currently before the

1:11:53BZA to attempt to lessen those

1:11:55requirements.

1:11:59[snorts] Rule of thumb planning

1:12:00assumptions would support a 3500 to

1:12:024,500 ft commercial building on an

1:12:05approximately halfacre lot if it were

1:12:07zoned for it. The currently proposed

1:12:108600 foot version would require 20 or

1:12:12more parking spaces versus the eight

1:12:14shown, not considering a partial

1:12:17restaurant use. The proposed primary use

1:12:20of an adjacent city-owned park parking

1:12:22lot is not appropriate. The recent

1:12:24redevelopment of Maple Street Biscuit

1:12:27Company fully required onpropy parking

1:12:29which developers satisfied. I understand

1:12:32that the planning commission has

1:12:33received much public support for food

1:12:35pack including from a confusing save

1:12:38food pack online petition which received

1:12:40mass support. Um, I know there also have

1:12:43been potential conflicts of interest in

1:12:44communications. Uh, but just want to ask

1:12:47that the commission apply it standards

1:12:48objectively, rely on precedent when

1:12:51weighing its decision. I would also ask

1:12:53that it apply a healthy level of

1:12:55skepticism related to proposed design

1:12:57and pending zoning variances

1:12:59[clears throat]

1:13:01uh with the knowledge that if a

1:13:02successful resoning happens here and

1:13:04then the development does not proceed,

1:13:06it will lead to another tenant taking

1:13:08over that business. Um, support for food

1:13:11pack does not require reszoning

1:13:13residential property. Thank you very

1:13:15much for your consideration.

1:13:17>> Thank you, Mr. Myers. At this time,

1:13:19we'll now allow the applicant or any

1:13:21representative to address the

1:13:23commission.

1:13:36couple of things that I want to mention

1:13:38about the the 18 wheelers that they were

1:13:41talking about it. We

1:13:43>> please bring it a little bit closer.

1:13:44Thank you so much.

1:13:45>> Yeah. Uh can you hear me? Yes, ma'am.

1:13:47>> Uh the 18-wheer that they're talking

1:13:49about it is we might get it every 3 4

1:13:52months. It's not going to be any bigger

1:13:5418 wheeler than the right now that uh

1:13:59restaurant has. It doesn't have to

1:14:01maneuver around the neighborhood. they

1:14:03can basically park on the front of the

1:14:06building. Um the retention and stuff

1:14:10that we just leave it up to the

1:14:12engineering to figure it out. Uh the

1:14:14village of uh Spring Hill they as as of

1:14:18she said about maybe 15 20 years ago. Uh

1:14:22the country club village estate and the

1:14:24food packs been there before all that.

1:14:28Um, and I don't think just the putting a

1:14:31sidewalk and the lights is going to help

1:14:34anything about the neighborhood safety

1:14:36and protection. Um, that's all I was

1:14:39going to say. Do you have anything?

1:14:41Okay. Go ahead.

1:14:42>> Yeah. Um like Maheen stated, if it's

1:14:46reszoned and we are required to meet all

1:14:50the storm water retention,

1:14:53uh lighting uh adjacent to residential

1:14:56property, all those aspects can be met

1:15:00within the property limits with no

1:15:02variances approved. Um, also

1:15:07one the the main reason we're asking for

1:15:10reszoning is we believe it was a mistake

1:15:12not to have this commercial property

1:15:16um listed as nonresidential when the the

1:15:21the Spring Hill Village u overlay was

1:15:24created. Now, did they have that survey

1:15:28from the the probate records when they

1:15:30did that? Maybe they did, maybe they

1:15:32didn't.

1:15:33Um, also

1:15:36the four lots to the rear, there is a

1:15:3920ft alley uh separating the residential

1:15:43lots from this lot. So, they already

1:15:45have a 20ft buffer and we are proposing

1:15:48a fence. So, and then I I understand all

1:15:52the concerns of the community members

1:15:56voicing their opposition, but one thing

1:15:58to consider, I would much rather have

1:16:02one of the neighborhood resident

1:16:04business residents develop this

1:16:06neighborhood because they love their

1:16:08customers and they're not going to do uh

1:16:12an unattractive overbearing building.

1:16:16They want to they want to work with the

1:16:17neighborhood and and make it a better

1:16:20place. I think the lighting,

1:16:22landscaping, sidewalks,

1:16:24street trees, they're going to bring a

1:16:26lot to that uh developed area. Right

1:16:30now, you go out there.

1:16:33I told Maheen maybe I went out there the

1:16:36day before the city came to cut the

1:16:38grass, but when I went out there,

1:16:39there's poor lighting. It was not kept

1:16:42up. The the the grass and grounds were

1:16:46not something I would be proud of to be

1:16:49in that neighborhood, especially

1:16:51adjacent to Live Brea Park. And I think

1:16:53food pack would have a a a a beneficial

1:16:58effect for that area.

1:17:00>> All right. Thank you.

1:17:01>> Thank you, sir. At this time, we will

1:17:02close the public hearing and open it up

1:17:06for deliberation. I'd like to remind the

1:17:08commissioners uh in addition to the

1:17:10multiple comments uh in your files on

1:17:13your iPad, we've received additional uh

1:17:15petitions here. I will circulate those.

1:17:18The count is 38. So, you don't have to

1:17:21do the counting. I'll let you, Miss

1:17:22Denson, take that and move enrollment

1:17:24down.

1:17:27Uh I do have question for staff. if you

1:17:29could please elaborate or explain the

1:17:33um the notation that's Bren brought up

1:17:36with respect to labeled commercial

1:17:40versus zoned residential.

1:17:43Is that is a that was the name given to

1:17:46the lot when it was subdivided back in

1:17:48the 1940s. And the subdivision does not

1:17:51um dictate land use in any way. Doesn't

1:17:54dictate zoning. Doesn't establish any

1:17:56sort of zoning district. It is just the

1:17:58subdivision of the land.

1:18:01>> Thank you for that clarification,

1:18:03>> Mr. Chairman.

1:18:04>> Go ahead.

1:18:04>> So, so the parking lot out front is

1:18:06right away,

1:18:07>> right? It's a it's an extension of the

1:18:09rightway and

1:18:13the the parking lot the parking spots in

1:18:15in the rightway are being counted toward

1:18:18the parking requirements for the

1:18:21development.

1:18:23>> We wouldn't do that. I mean, we wouldn't

1:18:25allow that. Is that part of the variance

1:18:28that's being requested or do we know

1:18:29that?

1:18:31>> No sir, that is not included in the

1:18:33variance because uh the planning and

1:18:36zoning only has jurisdiction over

1:18:38private property. We cannot consider

1:18:40rightway uses.

1:18:43That would be a uh the applicant and the

1:18:45city would have to come to an agreement

1:18:47for them to use that parking for the

1:18:49development. Planning and zoning would

1:18:51not be involved in that process. So, so

1:18:53currently then I mean this this h you

1:18:57know I have to deal with this a lot

1:18:59because we end up mowing right away for

1:19:01people that should be maintaining the

1:19:03rightway in front of their property. So

1:19:05currently since that's the rightway in

1:19:07front of this parcel the the owner of

1:19:09that parcel should be maintaining that

1:19:11property right now.

1:19:15>> Right.

1:19:17>> Correct.

1:19:17>> Okay. I just want to say that because it

1:19:22>> Okay. Thanks.

1:19:25>> Thank you, Mr. Anderson.

1:19:31>> You um I was just going to Mr. Chair.

1:19:34>> Go ahead.

1:19:35>> Just a question for staff kind of going

1:19:36back to uh the survey that is calling

1:19:39this lot commercial and and back. Um I

1:19:42guess to to our knowledge because um I

1:19:43know I wasn't alive in 1943.

1:19:46um whenever you know in as we as we grow

1:19:51the city as areas are annexed in

1:19:53obviously things are labeled R1 the most

1:19:55conservative um zoning choice. I mean,

1:19:58is it fair to say that that was probably

1:20:00in 1943 maybe the same um same

1:20:03situation? I guess

1:20:06>> the property was reszoned in 1967,

1:20:09right? I should say zoned for the first

1:20:11time in 1967 to an R1

1:20:14>> with the 43 annexation. Um didn't get

1:20:16around to zoning and and appropriately

1:20:18classifying things until the 60s. I

1:20:20guess

1:20:22>> the say the property was annexed in

1:20:241956. The subdivision was recorded in

1:20:271943 prior to being annexed.

1:20:29>> Gotcha. All right. Thank you.

1:20:31>> But

1:20:33you know, un under the law, the

1:20:36ordinance

1:20:37that the city adopts for reasonzoning is

1:20:41what governs.

1:20:43Um restrictive covenants,

1:20:46statements and deeds, statements on

1:20:48surveys do not trump the city ordinance

1:20:51that governs. Um there was no I don't I

1:20:56I'll submit there's no mistake in the

1:20:57resoning. It was done it was advertised.

1:21:01Uh everybody had opportunity to comment

1:21:04on it. I don't know how many years have

1:21:06transpired since 1967 but certainly a

1:21:09lot of time to uh come in and ask for a

1:21:12reasonzoning change if they wanted it.

1:21:14And secondly or lastly, um

1:21:20applicant submits there's a mistake,

1:21:23but I would submit in opposition to that

1:21:26that it is the applicant's burden to

1:21:28prove a mistake.

1:21:31And from a legal standpoint, I'm not

1:21:33certain that I see any any proof of

1:21:35that.

1:21:39>> Um Mr. Woods, Mr. I'll touch on a couple

1:21:42things and and a lot of it has to do

1:21:44with the fact that I am in the real

1:21:46estate business and this has obviously

1:21:48been something that's generated a lot of

1:21:50spirited discussion on on both sides I

1:21:52guess as it relates to the designation

1:21:54of commercial on the country club

1:21:56village plat in 1943 and it just says

1:21:59commercial but I would also designate or

1:22:02you know note that the former automotive

1:22:05was not designated commercial it was

1:22:07designated residential subsequently

1:22:09developed as commercial prior to the I

1:22:14don't know if it was prior to the city's

1:22:15annexation, but certainly prior to the

1:22:171967 prior to zoning ordinance being

1:22:20implemented and it came in as R1 and a

1:22:23state R1 and uh which kind of gets to to

1:22:27my my point here. So, um I guess I'm

1:22:31grateful to any small business owner who

1:22:33invests capital in our city and has

1:22:35operated a small business for 35 years.

1:22:38Um, I'm not one who you'd consider a

1:22:41regular food pack, but you know, my

1:22:43family and I patronize it from time to

1:22:45time. I live in fairly close proximity

1:22:48to it. So, I'm totally understanding of

1:22:51of what is happening. Um, you know, that

1:22:55said, the decision before this

1:22:56commission is not whether a landlord

1:22:59tenant dispute is fair, just, or qu

1:23:02frankly, if a business has an inherent

1:23:05right to locate in close proximity to

1:23:08somewhere it's been in the past. Um, you

1:23:11know, and it's been noted, uh, that, you

1:23:14know, just 6 months ago, uh, there was

1:23:16an application for, uh, subdivision for

1:23:20residential property, uh, that was

1:23:22supported by the village of Spring Hill.

1:23:25Uh, and in fact, there are three letters

1:23:28here, uh, which still exist on the

1:23:30city's website from the property owner

1:23:32and their family in support of that

1:23:35application. Um,

1:23:38you know, it's my understanding maybe

1:23:40that there was a fiscal challenge with

1:23:42that project. It's not this commission's

1:23:44job to make zoning determinations based

1:23:48on a project's fiscal, you know, uh,

1:23:52feasibility. Um,

1:23:55and looking at the UDC, it says B2

1:23:56districts are appropriate where located

1:23:59on a thoroughare or near an intersection

1:24:02of two thoroughares.

1:24:04uh in my opinion the lot doesn't meet

1:24:06this criteria. I know there's been

1:24:08discussion about the the right of way if

1:24:11you will and that may be from a

1:24:13technical standpoint uh and a GIS and

1:24:17other standpoint but the practical

1:24:19matter is that is a parking lot. It is

1:24:23not right of way. It it may be deemed

1:24:27right away. It's a parking lot. It's a

1:24:30city parking lot. It services customers

1:24:33um or the the folks going to Letta Park

1:24:37acknowledge that you know there's Maple

1:24:39Street overflow. Um but you know my

1:24:43heartburn with this is that this is a

1:24:46lot that sits second row. That's the

1:24:49reality of the situation. It doesn't sit

1:24:51on Old Shell Road

1:24:53to the east of Old Shell all the way to

1:24:56I65. There's not a single B1, B2, or B3

1:25:01zone lot that does not have direct

1:25:03frontage on Old Shell to the west

1:25:08going all the way to University. There's

1:25:10not a single B1, B2, or B3 lot that does

1:25:14not have direct frontage on Old Shell.

1:25:17um

1:25:19out apart from the redevelopment of

1:25:22resters for Maple Street, which in my

1:25:25opinion is a different case than what

1:25:27we're dealing with here because that was

1:25:29an existing building. Uh it wasn't

1:25:31something that was, you know, from the

1:25:33ground up and there was a variance given

1:25:35the long history of it operating as a

1:25:37non-conforming use. I think the

1:25:39scenarios are a little bit different.

1:25:41Um, outside of that, there's not been

1:25:44any commercial development, new

1:25:46buildings constructed, anything within a

1:25:50half mile of this site in my lifetime of

1:25:5241 years. So, I failed to see any

1:25:56changing circumstances that would

1:25:58dictate why this lot should be reszoned.

1:26:01Um, you know, I think another important

1:26:04point is that of the public comments

1:26:05provided by staff, um, by my math, 87%

1:26:10of those that live within,400 ft are are

1:26:13in opposition to this resoning. Um, you

1:26:17know, I think that's uh I believe that's

1:26:19correct, staff, maybe it's 20 out of 23

1:26:21or 21 out of 24 that were emailed and

1:26:25provided in and provided an address. Um

1:26:29so you know for for those reasons uh

1:26:31which I would note all of don't even

1:26:33consider

1:26:35you know the site plan food pack or

1:26:38anything like that. Um you know with

1:26:41that site plan requiring multiple

1:26:43variances. Um I just you know I can't

1:26:46support this.

1:26:48Um so you know that's that's my

1:26:51position. I'll

1:26:54allow any other commissioners to make

1:26:55their comments. Any other comments or

1:26:57questions for commissioners or questions

1:26:59for Mr. Nichols and his points?

1:27:02>> Mr. Chair,

1:27:03>> go ahead.

1:27:04>> I just want to take a moment and say

1:27:06that I I believe you're exactly right,

1:27:08Mr. Nichols. I you know, taking the

1:27:10emotion out of this uh um there I I do

1:27:14not feel don't feel number one don't

1:27:16feel that it was mislabeled as an R1. Um

1:27:19you know, within proximity to the

1:27:21neighborhood. Uh, also too, I I just I

1:27:24I've looked up and down. I' i've tried

1:27:26to come to a a realization or try to try

1:27:29to realize has there been any

1:27:31substantive change to trigger this this

1:27:34resoning request. And I I just can't

1:27:36come up with a good a good change or a

1:27:38good reason why um that that this this

1:27:40would trigger a B2. And and again, I I I

1:27:43do want to say just like Mr. NL said um

1:27:46your business growing your business that

1:27:47you're an amazing su uh s success story

1:27:50of of you know what you've done. Um the

1:27:52the loyalty and the following that your

1:27:54your business has is is amazing. Um but

1:27:58at the end of the day it's we have to

1:27:59not factor all that into a decision.

1:28:02This this is a simple decision. I'm

1:28:04sorry a complex simple decision is is be

1:28:08to an appropriate use for this uh for

1:28:10this parcel of land taking everything

1:28:12out. I just don't think the threshold of

1:28:14of showing that that this area has

1:28:16changed so much that that a B2 is is

1:28:19required for this. Um, and I'll I'll end

1:28:21with that. So, thank you.

1:28:25>> Thank you, Mr. Woods.

1:28:27Further questions, comments from

1:28:30commissioners?

1:28:34Mr. Chairman, I'd like to attempt to

1:28:36make a motion. Mr. Chair, before we do

1:28:38that, can because we had one

1:28:40commissioner have to leave during the

1:28:41meeting.

1:28:42>> Yes, I'd like to point out that

1:28:44commissioner did leave. We still

1:28:45maintain a quorum uh for this agenda

1:28:47item. We have nine of us here and uh

1:28:51that six is needed

1:28:53>> and that both super numer will be voting

1:28:56on this.

1:28:57>> Correct.

1:28:59Because we had one we have an absentee

1:29:01and then we had one that had to leave

1:29:02due prior engagement.

1:29:06Go ahead, Mr. Anderson.

1:29:08>> Okay. So, uh I'm I've got uh findings of

1:29:12fact to to I guess to elucidate to make

1:29:16sure that I get this uh get this thing

1:29:19say this right. So, if I if I'm say

1:29:22something crazy, let me know. Okay. I

1:29:24would move that we deny the zoning or

1:29:26move to recommend the council deny the

1:29:28zoning request due to lack of a manifest

1:29:32mistake uh or error in the original

1:29:34zoning map, incompatibility with uh

1:29:38current development trends in the

1:29:40vicinity of the project, surrounding

1:29:41land use, potential to adversely impact

1:29:44neighboring properties, and potential

1:29:46cause of loss of property value. Uh

1:29:51I think it's pretty neutral on D. Uh

1:29:54certainly uh a lack of capacity with

1:29:58regard to infrastructure to competate to

1:30:01accommodate the proposed uh amendment.

1:30:05uh lack of changing conditions in the

1:30:06area that would make the amendment

1:30:09necessary and desirable and no manifest

1:30:12uh change in benefits or public purpose

1:30:16uh due to the proposed request.

1:30:19Second,

1:30:21>> we have a a motion and a properly moved

1:30:24and second for denial of the B2 reszone.

1:30:29All in favor? I I

1:30:32>> Any opposed?

1:30:34The reason does not pass for number

1:30:37seven on the agenda. We will now move on

1:30:39to number eight.

1:30:41This application is located

1:30:44as a dual application subdivision and

1:30:47sidewalk waiver 2770 Government

1:30:50Boulevard. Mr. Chair,

1:30:52>> go ahead.

1:30:55Can

1:30:55>> you possibly wait just a minute to allow

1:30:56those that were here for item seven to

1:30:59exit the auditorium?

1:31:00>> Sure. Before you move on,

1:31:43Yeah.

1:31:56While we're in a small break, Mr. Bird,

1:31:58can you grab Mr. Anderson if he's out

1:32:00there?

1:32:11>> Okay. Uh, thank you for your patience

1:32:13while we waited on that exit. This is an

1:32:16application subdivision and sidewalk

1:32:17waiver to 2770 Government Boulevard, one

1:32:21lot at a quarter of an acre and a

1:32:23request to wave the construction of a

1:32:25sidewalk along Government Boulevard. For

1:32:27your consideration, there are seven

1:32:29conditions for commissioners. There's a

1:32:31potential waiver of section 6C2B4

1:32:35uh for substandard lot width and on the

1:32:37waiver. Clearly, we'll need to have

1:32:40justification on that. Yes, ma'am. Thank

1:32:41you again for your patience. Name and

1:32:43address for the record.

1:32:44>> Good afternoon. Afternoon. I'm Lily

1:32:45Dickinson. I'm an attorney with the law

1:32:46firm Baker Donaldelsson in Birmingham,

1:32:49Alabama. Address is 19 uh 016th Avenue

1:32:54North. Uh on August 3rd, we received uh

1:32:59approval from the board of zoning

1:33:01adjustments as well as several variances

1:33:05um that are needed per the land

1:33:07development code for the city of Mobile

1:33:08to proceed with this project. of course,

1:33:11subject to the uh completion of the

1:33:14subdivision process. Today, as part of

1:33:16that process, we are seeking a uh

1:33:19preliminary plat approval as well as a

1:33:22sidewalk waiver. For the preliminary

1:33:24plat approval, um we have received

1:33:26several comments from the engineers.

1:33:28We've met with the engineers. We are in

1:33:30the process of uh visiting those

1:33:33comments and adjusting our plat

1:33:34accordingly. Once we revise, we will

1:33:37submit administratively for our final

1:33:39approval. uh excuse me, final plat

1:33:43[clears throat] for the uh sidewalk

1:33:44waiver. As indicated in our application,

1:33:46there are no existing sidewalks on

1:33:49Government Boulevard in either of the

1:33:51adjacent lots. Uh therefore, there's

1:33:53quite literally nothing to connect a

1:33:55sidewalk to. Uh further we um our

1:34:00sidewalks if they were constructed would

1:34:02not connect any existing pedestrian

1:34:04networks or public paths or transit

1:34:08stops making them effectively um

1:34:10ineffective. So that's why we're here

1:34:12today.

1:34:15>> Thank you. Miss Dickinson, just to

1:34:17clarify, did you have any or you or the

1:34:19applicant have any issue with the

1:34:21conditions listed for the subdivision?

1:34:23There were seven listed.

1:34:26Uh, no. No issues with that.

1:34:27>> No issu. Okay. All right. Good to go

1:34:29there.

1:34:34Any questions or comments from

1:34:35commissioners regarding the subdivision?

1:34:38I'm going to take these separately since

1:34:39we're

1:34:42All right. Any questions or comments

1:34:45from commissioners regarding the

1:34:46application to wave the sidewalk

1:34:48construction along Government Boulevard?

1:34:56All right. Is there anyone else in the

1:34:58audience that is here to speak for,

1:35:00speak against, or have questions towards

1:35:01this application or this sidewalk

1:35:03waiver?

1:35:06Seeing none, we'll close public hearing.

1:35:08Mick, thank you. Go into deliberation.

1:35:11We'll take them separately. Entertain a

1:35:13motion for the subdivision.

1:35:16>> Move to approve sub staff

1:35:17recommendations waving section 6C2B4.

1:35:21>> Second. Properly moved in section with

1:35:23waiver of section 62B4.

1:35:27All in favor?

1:35:29>> Any opposed?

1:35:31The motion for subdivision passes.

1:35:34Sidewalk waiver.

1:35:39>> Move to approve the waiver.

1:35:41>> Second.

1:35:42>> Properly moved and seconded to approve

1:35:44the waiver. Any discussion?

1:35:48All in favor? I.

1:35:50>> Any opposed?

1:35:52The motion for waiver passes. Number

1:35:55nine,

1:35:57triple application subdivision and two

1:35:59modifications located at 53 Foreman Road

1:36:02and 6784 6788 Dickens Ferry Road. the

1:36:06Grace Point Mobile mobile subdivision

1:36:10subdivision of two lots 5.14 acres and

1:36:13then the m major modification um

1:36:16existing church R1

1:36:20to modify lot lines in coordination with

1:36:22associated subdivision and then the

1:36:24other modification previously approved

1:36:26PUD allowing multiple buildings on a

1:36:28building site to modify lot lines in

1:36:30coordination with the associated

1:36:31subdivision to allow shared access and

1:36:32parking between those two sites. Yes

1:36:35sir.

1:36:36>> Jerry Bird Bird Seran for the applicant

1:36:39or for the owner. Uh don't have a real

1:36:42problem except they would like to wave

1:36:44the 25 ft radius at Oshell and Foreman

1:36:48and the 25T radius at intersection of

1:36:51Foreman Road and Dickens Ferry which is

1:36:54under the subdivision item two and

1:36:56three. Um, and it would also apply over

1:37:00to the

1:37:03uh PUD and the planning approval item

1:37:07two. Reason for this um what 10 years

1:37:12ago when they widened Oshell Road

1:37:15um they didn't see necessary to acquire

1:37:18a radius or cut off on that on that

1:37:22corner. As stated, um, Oshell Road is

1:37:26120 foot rightway, 80 foot rightway on

1:37:29Foreman at, um, Dickens Ferry. It's 60

1:37:33foot right away and and Foreman at that

1:37:38intersection. When the subdivision was

1:37:41approved in

1:37:432002,

1:37:44they didn't require radiuses at that

1:37:47corner. Uh

1:37:51all the utilities are in place,

1:37:53sidewalks built around that corner. Uh I

1:37:56really don't think it's necessary for

1:37:58those two radiuses. Other than that, we

1:38:01don't have a problem. It's a simple two

1:38:03lot sub

1:38:05and the planning approval and the pud is

1:38:08drawing that line, same line on those

1:38:12two documents.

1:38:16>> Thank you, Mr. Bird. You're just

1:38:18specifically requesting a waiver of uh

1:38:21two and three.

1:38:23>> So what? Excuse me.

1:38:24>> You're specifically requesting a waiver

1:38:26of two and the requirement two and three

1:38:29on the subdivision.

1:38:29>> With the subdivision, I'm requesting two

1:38:31and three.

1:38:32>> Uhhuh.

1:38:33>> Which they're listed separately on the

1:38:36HUD and planning.

1:38:38>> I see. Yeah.

1:38:39>> It's only listed in one. Uh item two.

1:38:42They they noted both of them on that

1:38:45one. I gotcha.

1:38:47and we will be taking them separately

1:38:49when we get there. Is there anyone else

1:38:51in the audience to speak for, speak

1:38:52against, or have questions towards the

1:38:54subdivision application and modification

1:38:56applications?

1:39:02Seeing none, we'll close public hearing,

1:39:03open up deliberation. We will take them

1:39:05separately. Subdivision again, request

1:39:07from the applicant on items two and

1:39:09three. I'll question staff if they see

1:39:12any since Mr. Mr. Hamburger is not here

1:39:15to to specifically look at that map if

1:39:18you guys had a chance to have any issues

1:39:21with that request.

1:39:25>> Okay,

1:39:26>> we'll defer to George. [laughter]

1:39:30>> Where is Jerry?

1:39:33>> Um on on the old shell um on the north

1:39:38end there, I I think he's correct uh

1:39:41with with the existing rideway and

1:39:43infrastructure is there. I don't know

1:39:44that we need a radius there on Foreman

1:39:47and Dickensberry. I would I would still

1:39:50um like to get a radius down there. 25

1:39:52foot may be too big, but I I I would

1:39:55still like to get a a radius down on the

1:39:59southwest corner.

1:40:04So, so you're suggesting retain retain

1:40:08number three.

1:40:11Uh well, either retain it or reduce it.

1:40:15And and I I don't know uh how much room

1:40:18that they have down in that corner to to

1:40:20reduce it to.

1:40:26>> I guess the the question is Jerry, what

1:40:29would be acceptable

1:40:33>> to to you slash the owner as the owner's

1:40:36representative for foreman and Dickens

1:40:38fair?

1:40:38>> There was a request for

1:40:42I think what Mr. Davis is saying is

1:40:43there there would be amanable to less

1:40:47than 25, but

1:40:50>> you really need 25 at that corner.

1:40:53>> Uh, I think that's

1:40:54>> 10 or 15.

1:40:56>> Yeah,

1:40:57>> that'll be fine.

1:40:58>> Okay.

1:40:59>> Okay. [laughter]

1:41:02>> So,

1:41:04>> 10 or 15

1:41:04>> for the next 15.

1:41:06>> 15.

1:41:07>> Yeah,

1:41:08>> 15 works for you.

1:41:09>> Yeah. Entertain

1:41:12a motion on the subdivision.

1:41:15>> Move to approve sever staff

1:41:17recommendations waving item number two

1:41:20and modifying item number three to say

1:41:2215t radius curve as opposed to 25 ft

1:41:25radius curve.

1:41:28>> Second.

1:41:29>> Properly moved and seconded. All in

1:41:31favor?

1:41:33>> Any opposed? The motion passes.

1:41:36Modification number one

1:41:49would move to approve subject staff

1:41:51recommendation with findings of effect A

1:41:54through H and waving uh condition number

1:41:57two.

1:41:59Oh, and I'm sorry. Modifying condition

1:42:02number two to uh eliminate the 25 foot

1:42:04radius curve on Old Shell and uh instead

1:42:08state a 15oot radius curve at Foreman

1:42:10Road, Foreman Road in Dickens Ferry.

1:42:13Second,

1:42:14>> properly moved and seconded with

1:42:16findings of fact A B C D E F G H. All in

1:42:21favor?

1:42:22>> Any opposed? The first modification

1:42:25passes. PUD modification.

1:42:35Move to approve staff recommendation

1:42:36with findings effect A B CDE E FG and H

1:42:41and uh modifying condition number two to

1:42:45eliminate the 25 foot radius curve at

1:42:47Old Shell Road and Foreman Road and uh

1:42:50including a 15oot radius curve at

1:42:52Foreman Road and Dickens Ferry Road.

1:42:55Second

1:42:56>> properly moved and seconded with

1:42:58findings of fact A, B, C, D, E, F, G,

1:43:00and H.

1:43:03All in favor?

1:43:04>> I.

1:43:05>> Any opposed?

1:43:07The PUD modification passes. Number 10.

1:43:11We've already addressed in a previous

1:43:13agenda item that this will be

1:43:16considered for holdover

1:43:19as it coincides with the chance for I

1:43:21believe community meeting and other

1:43:23items. No other materials needed for

1:43:26October 15th. However, it's on the

1:43:28agenda and I'll ask if there's anybody

1:43:30in the audience that would like to speak

1:43:31for, speak against, or have question

1:43:33towards this agenda item of a

1:43:35subdivision and dual modification at 50

1:43:37and 60 South An Street.

1:43:44All right, seeing none, close public

1:43:46hearing. I will move to hold over until

1:43:50October 15th.

1:43:51>> Second.

1:43:52>> Properly moved and seconded. All in

1:43:54favor?

1:43:55>> I

1:43:55>> The hold over will The holdover passes.

1:44:02>> We have two more other business items.

1:44:05Previously approved subdivision. I'll

1:44:08let staff make a comment on that.

1:44:11>> Yes, sir. Um, this particular

1:44:13subdivision was approved at last month's

1:44:14meeting, August 20th. Um, and there was

1:44:17some discrepancy as to condition number

1:44:20two and whether or not a 25 foot corner

1:44:23radius would be required at the

1:44:24intersection of highway 90 west and I 10

1:44:27industrial parkway. Um, because it says

1:44:30unless a waiver of 6 C6 is recommended

1:44:33by the city engineer and traffic

1:44:35engineer um which they have recommended

1:44:37it but it was not stricken from the

1:44:39actual um meeting or at the actual

1:44:42meeting. So they've requested under

1:44:44other business at this meeting that it

1:44:46be officially um removed.

1:44:50>> So moved.

1:44:51>> Second.

1:44:52>> Properly moved and seconded. All in

1:44:54favor?

1:44:55>> Any opposed? The motion passes. Lastly,

1:44:59we have review of minutes from planning

1:45:00commission meetings July 16th and August

1:45:0220th.

1:45:04>> Motion to approve.

1:45:06>> Properly moved and seconded. All in

1:45:07favor?

1:45:08>> I.

1:45:09>> Those minutes have passed. This

1:45:10concludes the meeting for September

1:45:1217th.

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