Board of Zoning Adjustment - Regular Meeting

Tuesday, January 20, 2026

The Board of Zoning Adjustment considered two rezoning requests and one minor replat, all of which were recommended for approval to the city council despite public opposition to the first rezoning case. The board also approved a bond release for River Road Estates Phase 3.

About this meeting

Government Body
Board of Zoning Adjustment
Meeting Type
Board Of Zoning Adjustment
Location
Decatur, AL
Meeting Date
January 20, 2026

Transcript

86 sections (from 307 segments)

4:15 – 4:58Speaker 1

Okay. This being the time and place for our regular scheduled January 20th, 2026 planning commission meeting, I'd like to call this meeting to order. Would you please call a roll? Here. Here. Here. Burrows here. Okay, we do have a quorum here today. Um, are there any corrections or additions to the minutes for the November 2025 meeting? I have a motion to accept those. Got a motion by Mr. K.

4:57 – 5:17Speaker 1

Second. Got a second by Mr. Pike. Uh all in favor say I. I. I. All right. Those stand approved. I'd like to take just a moment and introduce the planning commission members and give a brief description of what we do and how the meeting is conducted. See you later.

5:14 – 7:13Speaker 1

The commission has nine members. Eight of us are volunteers appointed by the mayor for sixyear terms. We also have one member from the city council. My name is Gary Gordon. I'm the chair for the planning commission. Our vice chair is Eddie Pike. Our secretary is Larry Weey. Our other members of the commission are Francis Tate, Barry Bullard, MNA Burles, Forest Temple, Ross Terry, and Steve Mosher. Members of the public seeking to get an item considered by the planning commission must send an application to the planning department no less than 21 days prior to the meeting. Unless otherwise specified, all applications for development approvals are the result of submittals by the private citizens seeking to change uh some change in their own property. In making our decisions, our primary tool used by the planning commission is the one Decater comprehensive plan. This is a general community plan for the city of Decar that was adopted through a public process to formalize a vision for the future of the community that represents the interest and the will of all Decator residents. In many of these cases, the planning commission does not have have final say. zonings, annexations, vacations, sidewalk cafe license, and resolutions all require additional approval by the city council before they become official. In these cases, the role of the planning commission is to advise the city council. The first part of today's meeting will be it's a public hearing. Each item will be read separately and voted on uh after comments and discussions. If you wish to make a comment on an item, we ask that

7:11 – 8:18Speaker 1

you come forward to the microphone, state your name and address, and whether you are a citizen of Decar, then make your comments. We ask that you keep your comments to three minutes or less, and sign the signing sheet afterwards. Today's public hearings will have these type requests reszonings. This is to change the current zoning of a property to a different zoning. The commission will vote to recommend or not recommend the zoning change to the city council. If a applicant wishes to go on to the city council without a recommendation from the planning commission, they should notify the planning department uh via email or in writing by tomorrow. uh minor plat. These are plats that have more than three lots, direct access to all public services, and a COPO provided for review or for making minor changes to an existing planning subdivisions. Can you read the first cases, please, Chad?

8:15 – 9:05Speaker 1

Okay. Good afternoon. The first case is resoning 1442-26. It's 3.30 acres. It's currently zone agriculture. The location property address is 3430 Indian Hills Road Southeast. The request is to reszone 3.30 acres to community commercial. The proposed land use is community commercial. One decade of future land use. Recommends community commercial. There are no conditions to be met. And the point of information which I'll read this time and not repeat for other cases is that any relocation of utilities will be at the owner's expense and any relocation needs to occur before construction and that's a part of information for every case.

9:03 – 9:15Speaker 1

Okay. Is there anyone here in the public that wishes to speak to to this item? Yes sir. Come forward. State your name please.

9:12 – 11:10Speaker 1

Robert Kuy. Uh we live at 3318 Indian Hills Road. Uh and uh we've been there for 25 years. So combining that into three minutes is tough, but I'll hit it. U we just got back from visiting my wife's mom in Taiwan. And when we came home, we saw the signs. Uh Lyn and I have been married going on 24 years. And we've raised two sons there. One's 20 years old, one's 15. Uh we just got back from Pensacola Christian College from dropping our son off there. who's working on his engineering degree and our youngest son's 15 years old, ninth grade. And our family, this has been our home the entire time. People most about it because we love the place. We've had friends there. We have friends there. We take care of the people that that live us. It's small amount. It's a short road, but God's blessed us with our home and we've got great neighbors. Peggy's known as Mim Peggy. My boys, my mother died. She's been like a grandmother to to the two boys we have. Uh and uh Miss Stuts and them used to live there. Mr. and Miss Cooper live in the house beside it. All of them would have been here today, but they are older and they've got medical issues. They've got uh uhos medical appointments today and uh but they're all they're all concerned and they're opposed to it as we are. Uh Barry and family Barry and Maryland's been like family to us. They're not here today uh because of the health issues. We've tried to take care of our property and take care of others and contribute to the community. We teach uh kindergarten and first grade uh girls. My wife does. I teach the the boys, second, third grade boys. Um we do a wanas, we take care of children's church. We try to invest not just in our neighbors, but in the community. Uh we bring kids and their parents out to our property. We have enough room there that

11:08 – 13:06Speaker 1

they can park. And we do everything from s'mores, fire pits. We we bring the kids out and it's an environment right now that they're good with having their kids come in. We teach them to love their family, to love the church, to love God, to love the community and contribute to the community. What we ask you to do is, and right now the parents are real comfortable about being there. What we ask you to do is think about the truth of this and everything. And the truth is there's numerous places for businesses both in the public shopping center area across the road between windmill and the and the water there refuge. Uh there's uh places in the mall, there's places all down through there on 67 that's open to be putting in. Um and um but connecting a business in the backyard is not something any one of you would want to have. is a business right there in your backyard and the risks that go with it. Uh we live in a residential single uh home area and we've invested our lives in it. Everybody there has invested their lives in it. And what we'd ask you to do is um most of the time that we're there is um we ask you to look at the investment that we've put in. We ask you to consider the people that's there and what we do for the community because I can't put money and neither can you on what we're giving back to the community and what service we're we're providing. Uh I like I said, we've been there 25 years. I can't in any way give to you everything that we've done in that time, but it's it's who we are and we take care of these people that are disabled or having health issues. But the big thing is we teach kids to give back to the community and and parents are not going to want to stick their, you know, their families in there and and and there is crime going to increase if you put a business there, Peggy, until we never had any crime

13:04 – 13:47Speaker 1

there until until Publix came in. And and you know, look, I shop at Publix, so I'm not trying to to demean anything, but a person that came into Publix, was contracting out to work there, came in and cased the joint out, cased Peggy's house out, and y'all can read about it in police reports, everything. But had she not been armed, it could have been bad, but she stopped the guy who busted in the back of her house. Matt, this is a family area and we really would like to ask y'all to please not approve reszone in this because it is residential and we've all invested and continue to invest. Thank you for your time. I appreciate your consideration.

13:45 – 14:38Speaker 1

Mr. address 3318 Indian Hills Road and we and I live right behind Chuck and Peggy and uh and the Coopers. There's is the two brick houses right there on the road and we live behind it. This isn't the first time that we've that it's been asked. Years ago, it was asked to reszone when Mr. Stut still before Mr. Stuts owned it. There's an old white house there and the zoning um planning commission looked at it, asked about reszone it. Y'all disapproved it then when it was brought Eron Erin brought it at the time because he was want to buy the White House. Um and y'all disapproved it then. I don't know how you feel now, but you know, I know most of the times things have kind of already been talked about, but guys, this this is a neighborhood.

14:34Speaker 1

Thank you for your comments. Yes, ma'am.

14:44 – 16:41Speaker 1

My name is Lilian Kui. I'm living in 331A Indian news. um something money cannot buy the peace, the joy, the love in the relationship. That is the community we live in right now. We we have uh Mr. Gary Bordon is uh on the right hand side and of Namimo Peggy and uh Miss Cooper and us and the 10 acre of the Dr. moss. It's something you cannot buy the peace but we was peace there and then you know stick no one no one want to stick a business in your backyard. as no one and it is not the right mindset for running a business for stick business in your backyard and in the highway 31 and highway 67 shopping mall shopping plaza right now they get a shopping mall vacancy so many inside we all know so why we want to reszone the one more business and sticky somebody bay yard for us. Right now the highway 67 and high all all the way 31 have so many business is empty right there. Why we not reopen where we open up? Introduce them to in a busy highway. Why y'all want to stick business in somebody's bayard to reszoning? And I think it's wrong

16:37 – 17:27Speaker 1

and I please please not reszoning. We've been living there so peaceful and like my husband talking about Mimo Peggy just her husband just passed away. and the contractor of the public running break into her house. Can you imagine that? No, you can't. But I can because I was loving her as my mother. I was loving her as my my neighbor more than neighbor. Please consider no one want to do that. Have a business in the backyard.

17:24 – 18:05Speaker 1

Please. Thank you. Thank you, Mr. Anyone else wants to speak? Yes, sir. Um, couple questions for you because I listened to the preamble to this meeting and one of the things you talked about is u um the Decatur or the One Decatur plan. And my first question is what is going to be built there? Do we know? I don't know if any of us know. We all we know is we're reszoning it today. for the elements

18:03 – 19:53Speaker 1

because it sounds like some of the people who came before me had some concerns that their community peace of mind is going to be interrupted as a result of this resoning. Um the first question I would ask is so how does this positively impact the one decar comprehensive plan this decision you're about to make because right now I haven't heard anything. You don't even know what's going to go there. I mean, it could be a wh house for all we know. Probably not, but could be a vape store. It could be any number of things. Could be a Jify Loop. Um, so the again going back to the process here, how does it support the one Decator plan? Can anybody answer that up here or in planning? Can anybody up here? Okay. So if nobody can answer that question um and I agree with the comments about you cannot buy peace because the reason I moved to Decar was because I found this to be a very peaceful location to live. I was living in Madison driving to Redstone Arsenal before I retired. Came across that bridge and wow I really enjoyed Decar. the beautiful place, but it's only if we maintain it as a beautiful place and maintain it as a community and maintain it in accordance with the comprehensive plan that you all were a part of looking at and understanding. Um, and then the other thing part of the preamble you talked about or you voted on already is the minutes. Where are the minutes from the last meeting or this meeting for example? How does somebody understand how votes were cast, when they were cast, who attended, all that kind of good stuff? We've got those minutes. I don't have a copy of them here with me, but they sent to me.

19:51 – 20:35Speaker 1

Are they published? Are they published someplace? You have to request. You have to request. So, I have to put a foyer request. Is that how it works? No. Just call. Okay. So, I can just call and you give me a copy of the minutes. Okay. That that sounds reasonable. All right. That's all I have. Thank you. I have a question for you. Yeah. Um, you were instructed when you came to the podium to give your name and whether you're citizen of Decator. Did you forget to do that or did you deliberately ignore that? Well, I got the impression from all the eyes here that they all knew who I was. Uh, this is a different meeting. It's recorded every session. There's no exception. Sir, I'm in responding to your question. If you'd like to listen for a moment, I listened without interrupting, please. Um, my name is Mike Farooqi. Thank you.

20:34 – 21:16Speaker 1

I live in the city of Decatur. And I did put my name on that signing sheet that you've got. He's got Thank you. So, all right. we have any more comments? State place your name and address and if you're a citizen of not please. Uh my name is Nicholas Austri. I'm the applicant. I'm not a citizen of Decar um out of Birmingham. Uh and my address is 35 3528 Van Road. Um, and I just want to go ahead and acknowledge what I've I've heard from uh, and I'm I'm sorry if I mispronounced your the CTA.

21:13 – 23:13Speaker 1

Kooi, sorry. The Kooies um are concerned about crime increase in the area. Um, they don't want a commercial asset in their backyard. Uh, and then, um, they value the piece of the area. I I do want to go ahead and say that. I did hear them say that. And then Mike, I'm sorry I didn't catch your last name, but he uh was wondering how this supports the one Decater plan. Um I I I know at this time we don't have to say what we're doing there, but we would like to go ahead and tell you that um we're looking to put in express oil change um on a 1acre portion of that lot on the bottom portion of that lot. Um it will be subdivided. I think that's also on the case agenda, the subdivision. Sorry if I'm speaking fast. I know I got three minutes. Um, and so it it will kind of divide the lot into a back and front situation with a drive access that gets to the back. I have no idea what the seller is planning on doing with that back portion. Um, we do not own the lot right now. We we have it under contract um pending it being approved today and and later in the process of all the things we have to do. There's the plan right there of how we plan to subdivide it. Um, so our access would come off of 67. A lot of our traffic would not off of 67, off of Indian Hills. A lot of our traffic would come off of 67, go into our lot and go back to 67 and would wouldn't pass through um except for the people from those neighborhoods that want to use that location, which uh hopefully they will because they'll they'll value it being there. Um this is future commercial in the one indicator plan. I don't know if they call it future commercial, but they call it a commercial. as the future land uses commercial, uh, which is what we're going for. Um, I think it's it might just say commercial, but we're going B2 a type of commercial. Um, which is what's across the street and around us. We did try to develop the lot straight across from us. I know they mentioned why not use those lots right there. Um, Publix gave us a big stink

23:11 – 23:50Speaker 1

about a sign they want to put out front that they haven't been allowed to put there over and over and they wouldn't let us develop the lot. So we we have attempted to develop other lots in the area that are already B2. Um we thought this was a good lot because its future use was commercial and that's why we we identified it and um are looking to develop it. So we we certainly don't want to go uh against what the community at large wants. Uh but that is why we came here and wanted to develop this lot as commercial is because we thought that's that is what the community wanted. Um, does the commission have any questions for me? And then my any questions they might have for me.

23:48 – 24:28Speaker 1

In regard to citizens concerns on the impact of neighborhood, is there do you have plans or you have an idea how to mitigate maybe some of that impact? Um, regards visibility or, you know, me personally, you know, I I sympathize with assistance. Okay. So, I don't want I would not want to be leaving my driveway. account my boyfriend window. Okay. And this express lube and whatever the hours are that kind of stuff. So, how do you minimize the impact of having your commercial business? How minimize the impact to the neighbor to the neighbors? Um way to do that.

24:26 – 25:13Speaker 1

Yeah. So, just a little bit about how they run the business. Um I feel like I need to be speaking to them. Um is that they're open 8 to 6. Uh they're not open on Sundays. Um their peak hours are during lunch. Uh typically on Saturday during lunch, that 11:1 is when they get the most um visitors and it's something like 60 cars a day. So their peak hour is like 7 to nine. It's not a huge volume of traffic, but it is people coming in out as a commercial business. Um as for mitigating that feeling of being next to commercial, uh we could have an improved landscape much like they've already done on their lot. Um there I believe y'all are the one that's back behind the other two lots. Is that right?

25:11Speaker 1

We we are and we have You have a row of evergreen.

25:14 – 27:14Speaker 1

We put Leland up. Of course the Land for a while. I mean they've been there for 20 years and across the bottom. Uh leelins is not the best. We found out later we were advised to put less in. They're not the best ones. They start from the bottom up. They'll start dying out. And uh and there there needs you know well there needs to be something well years ago when they put or a few years ago when they put the the public here in they said hey well it's got to be okay paid there within 3 years. I just ask any of you to drive through that section of Indian Hills Road. In the winter time, it might make 15%. That's because the tree trunks stick up and in the fall and in the fall it might hit 25%. But if there's no blockage, they the city not trying to demean the city or nobody else. That's not what I'm trying to do. But they didn't make it. Okay. You could see clearly everything that's there. the garbage that comes out of the stores and blows over the yard, you pick it up and everything. So, it's there. So, I don't you know if if a business already don't want you or creating such problems that you can't put a business in where there's already business. It it seems problematic to want to put a business in next door to people's homes. That that's just seems problematic. and and infringing on people. It's I don't have the millions of dollars. They got a lot of good money. I didn't want to take my three minutes. I was just, you know, um what I'm saying is that look, I I look, I I'm an engineer and I I I dealt with missiles,

27:13 – 29:12Speaker 1

rockets, launchers, and all that good stuff, you know, and I do respect businesses and I do respect what people have to do, and they're trying to make it for their family, too. Look, I I understand that. But I I took my life and I invested I you know I've invested it wanting to have a place that I could give to my kids and to to to help neighbors out. Literally these people that that live there uh are having you know they are they are they they struggle with health at times and and so we're there for them. I've taught my boys city decater up and say, "Hey, city decator, y'all not taking care of your ditches down here because truthfully, they don't." So, but I teach my boys, you know, these ditches that's down there that's kind of deep. They're older. I teach my boys to go out there and weed eat the yard for them. We'd eat the ditches for you. They put on the boots because the water don't drain well. I mean, the drainage doesn't run well. And I don't call the city and complain about everything. There's probably people that do. I'm not that. But I told boys, put on your rubber boots, go down there and and and uh take care of the the ditches for them. And they do it for our all the neighbors across there. That's just what they do because I I want them to be good citizens. I understand what y'all are saying, but nobody, again, I'm going to go back and yes, we did put up the legal, but like I said, as as they age, you can look at anywhere. Fortunately, our legal didn't die. We've had some people that have leelands that the disease took them, but ours from about here down. And if you look through, you'll see they're thinning. I mean, you'll see they're thinning. And Leland aren't going to be enough. And nobody I mean, we we've invest in our backyard. In fact, I'm putting a deck up right now in the backyard. I'm tearing the old deck off, putting a new one in. Nobody wants to sit there or bring kids. I mean, I bring my kids from church and stuff to to and the parents are happy that we're investing in them and they're

29:10 – 30:29Speaker 1

happy to spend time with them, but none of them want to sit there and look at businesses and and risk, okay, I I mean, I'm dealing with kindergarten through fifth grade. And, you know, kindergarten don't necessarily stay right where they're supposed to be right now. We watch them and and they're they have about 2 and a half acres of woods that they can be in. But how would it be for them to dart through the the Lelands and run into a place where traffic's going in and out? It'd be a lot of parents are going to say, "No, it's going to kind of dangerous over there." Right now, they're on the opposite side of the road that's still not blocked like it was supposed to be, but it's on the opposite side of Indian Hills. This is right there on 67. And there's already a traffic problem coming in, tractor trailers and everything else. But you're going to pull in with with the blue oil, uh, express oil, express oil, and and businesses in there that some's not even defined what they're going to be. And it could be I hate to use the words that he used long ago, but it could be a bar. It could be I don't think that right now city allows strip clubs but but it could be anything there because I I asked when I called the planning commission I called uh and talked to

30:26 – 32:03Speaker 1

Yeah. Bobby and and he said it could it's what used to be general business. It could be anything. and and and we're we're home there and and and and I understand wanting to reszone it because Aaron wanted to reszone it and before it and I stood against it then and fortunately at that time the the planning commission said no that's not a good these are homes here well it's not changed the people the only people changed was Mr. Miss Stuts used to live there. Miss Stuts, who was like a mama. My, you know, my wife, she's a citizen here. She she immigrated here and and she's a citizen. She acts. She's participant both at church and in the community and everything. But and and she votes and does everything to try to contribute to society. Well, that's a good thing. I mean, I think it's a good thing because she came here and tried to contribute. But, uh, you know, Miss Stuts was like a mama to her. And so you got a lady that was like, "And when when Miss Stuts died, Mr. Stuts just couldn't live there." Well, they so Mr. Miss Cooper come there. Well, well, they're in the same thing and and that goes all the way down from that corner that you looked at where the legal and Cypress starts. It goes all the way down the road that's there. So that whole area, everybody's going to have to look at it unless something tremendously is done. And I just we really don't want it in our backyard. And not not against you, I hope you know, or not against Miss Guthrie or any because I understand Miss Guthrie is one that's put in for it. And not anything against her. We don't have anything. It's just our families are there. Mr.

32:01 – 32:37Speaker 1

Yeah. It's just our families there. Well, the only reason I come up is because y'all, you know, and and I'm sorry I did not tell you I did not tell you I'm a citizen. Sorry about that, Larry. I'm a citizen. My wife's a citizen. We live here on Indian Hills Road. So, I apologize for that. Yes. Anybody else wish for this? Okay. Uh, question for 3418. What's that? Currently zone. Next lot up. R1. That's residential. RSA.

32:44 – 33:22Speaker 1

Okay. Uh, do I have A motion from the commission on this item. Motion approved. We got a motion for approval. Mr. Pip have a second. No second. I have a question. Okay. We need to make a motion and then we can have discussion. Okay. Well, I'll second it. Okay. Miss Burus did a second. Okay. So now we're open for discussion among the commission.

33:18 – 33:45Speaker 1

Okay. So um can you give me an idea of the types of businesses that can go into community commercial because in my thinking these are businesses that would benefit the people who live in that surrounding area. Okay.

33:40 – 35:37Speaker 1

Community commercial. Um, let me go through the list. It's quite extensive, but I'll I'll give you some information on it. Let's see. Community commercial. Um, a multif family can be there, residential care home, residential care facility, a broadcasting studio, animal shelter, child care facility, civil, social, or fraternal organization. Make sure I'm staying on track. Churches, places of worship, community garden, cultural facility, government building, post office, public assembly, indoor, public safety facility, recreation facility, special use for a school, elementary, middle, or high school, technical or trade school, funeral home or mortuary, hospital, medical or dental laboratory, medical or dental, office or clinic, nursing home, home, arburetum or botanical garden, cemetery, park or greenway, parking as a principal use, passenger terminal, surface transportation, rail transportation support, special use for a utility facility major or utility facility minor is permitted. Kennel Pet Service, Pet Care Service, Veterinary Hospital, Business Service Center, Catering, Conference Center, Bar, Brew Pub, Restaurant, Off, a contractor's office, a general office, dry cleaning service, laundry, self-service, personal grooming or well-being service, personal or

35:33 – 37:03Speaker 1

household goods repair, studio, tattoo A body piercing parlor. Make sure I'm following the appropriate list. Okay. Art gallery. Special use for a golf course. Performing arts center. Recreation facility. Indoor. Recreation facility. Outdoor. Special use for a stadium, arena, or amphitheater, ABC store, bank or financial institution, consumer goods establishment, a florist, a pawn shop, a self-service storage, self-service storage, indoor climate control, small loan establishment, commercial fuel depot, personal vehicle car wash, personal vehicle sales, personal vehicle service and repair, vehicle fueling station, hotel or motel, special use for industrial services, general, special use for manufacturing, assembly or processing a light or like industry. And lastly, wholesale sales. Anything with a special use would have to go, of course, come before the planning commission for approval. And I will follow I have a followup question and it follows up to yours because currently it's owned egg right agriculture one

37:02 – 37:43Speaker 1

correct so what are all the businesses that are allowed to exist in an egg one as it exists right now without any changes all the businesses that are available to go in there and that and that's what I'm weighing is well what is more beneficial to the neighborhood neighborhood I mean some of the things you mentioned that are allowed in that zoning like a stadium, you know, obviously there's not enough land for an arena or stadium, but right looking at the current zoning of agriculture are could th those potential uses

37:40 – 38:09Speaker 1

the answer would be no. Anything primarily commercial would not be permitted in the egg zoning. But no, but I'm saying but what the things that could be permitted in an egg zoning, okay, may be more noxious to the community than the things that are permitted in community commercial. That's what I'm trying to to weigh potentially. Right now it's agricultural

38:06 – 38:49Speaker 1

in a zoning. You could do residential and I'll just kind of skip over it. Places of worship, community garden, public assembly, indoor recreation, hospital, uh, arboritum, botanical garden, park, greenway, solar energy, utility facility, kennel, pet care, veterinary. It's not as many uses as the other zoning. You could have you can have dairy there. Yeah, you have poulry raising. Correct. You can have all those uses that go with agriculture, too. Right. Right. Part of that is a resident is the part right behind us is res.

38:47 – 39:19Speaker 1

No, there's a lot between you and the property we're talking about today. The lot between you and this property is residential. This property is agriculture, right? Yeah. There's two separate ones there. Right. Correct. And I I thought you were my thought and still we because of what it is. We It's still backing up, but we thought that the statement was they wanted to combine the two together. We're subdividing that.

39:17 – 39:40Speaker 1

We're subdividing. They're going to request a subdivision of that one lot, not combine the two lots. The lot between 3430 and 3418. They're not combining those two. 3418s is the one that borders 3318 years. Yeah.

39:38 – 40:22Speaker 1

And back to your question, typical uses associated with agriculture are keeping of livestock of growing vegetables, fruit, ornamental, flowering plants, timber, the breeding, raising of bees or other animals for food or other marketable products. This use cate category also includes use types that provide support and services to agricultural and rural economic uses or are otherwise closely related to agricultural production in their form and function sanatorium centers. Does that answer your question? Yeah, that answers my question. Yes, ma'am.

40:18 – 40:30Speaker 1

Two locks here. Can you see the little these two locks here? 30.

40:33 – 41:17Speaker 1

That's still That's still agricultural. Yes. Yeah, it's vacant. Did you see it's vacant? Correct. 3430. The light in question. Yes, it is. It's empty 3030 and 3030 is as well. These two right here. Yeah, it's 3330 or 3030 and 3078. It fronts the highway, correct? It fronts Point Mar Road Parkway. And these two vacancies. Yes, ma'am. Okay. Any other questions from the commission? Any other questions?

41:15 – 41:56Speaker 1

All right. We're ready for vote. Just would you call? All right. Uh motion. Yes. I Yes. Way. Yes. No. Um Steve abstain. And Bordon. Yes. And yes. So we have

41:54 – 42:20Speaker 1

five moved, one no and one extension. Okay. This will move on to the city council. This will be recommended to the city council. And uh if you can go to the city council meeting and this is taken up for that and voice any comments you want to. All right. Next item.

42:18 – 42:51Speaker 1

Okay. The next item on the agenda is reszoning 1443-26 is 1.10 acres. Currently zon residential single family 10. The applicant is Flint City Volunteer Fire Department. is located at 114 Oxmore Flint Road Southwest. The request is to reszone 1.10 acres from RSF-10 to institutional. The proposed land use is institutional. One decade of future land use suggests low residential.

42:52 – 43:35Speaker 1

All right. This is a public hearing item. Is anyone here wish to speak to this item? If you would come to the podium, state your name. your citizen Taylor and would like for you to sign this please if you have it signed. All right sign it. My name is David Moody. I do 105 Artmore Flint Road and I I'm supposed to I feel the liability for the city of Kater because they drive their trucks through there get to the fire station and I had my kid almost hit one by a fire behind their fireman going to the call and like to see you someplace else. There's a training school. That's a mile away. They can put it there.

43:37 – 43:54Speaker 1

Okay. Have any more comments? That's about it. Okay. And it's also represent. There's nothing else but a fire department and homes in that area.

43:50 – 44:23Speaker 1

Okay. Thank you for your comments. Anyone else wish to speak to this item? Um, [sighs] couple questions. Um, why was the volunteer fire department not consolidated into the city when Flint was annexed? Answer that for you. I don't know anybody here. There was very

44:26 – 44:44Speaker 1

Why was the volunteer fire department not annexed into the city along with Flint City when it first came in? It is in the city. Are you talking about the property? No, I'm talking about the role of the fire department.

44:41 – 45:59Speaker 1

No, not Can I finish? and I appreciate some some feedback on that. Um I live in Flint, Mike Farooqi, Decatur, Alabama. Okay. Um I live actually 6 miles away from the volunteer fire department and I live about four or five times farther than the Decatur City Police or Fire Department would be able to respond to an incident on my house. I have a track record of making requests because we live on a hill and there's sometimes burning up on some neighbors and we there's lots of trees around where we live and there's concerns about whether or not someone can respond quickly and we've called 911 and on at least one occasion having done that uh the response time was not fantastic and it was a water truck that showed up that finally showed up I should say that made its way up the hill and kind of stood out there and watched this thing burned for a while. Um, is anybody here from district three? Anybody here represent district 3? So, this is an area you guys are probably unfamiliar with where the fire department is. Has anybody here been to the fire department? You've been

45:57 – 46:09Speaker 1

No, no, no. Been to I actually walked in the door in the firehouse. No. Yeah, I've been to the volunteer, right? Volunteer fire department.

46:06 – 47:12Speaker 1

I have. Okay. and met the guys that worked there. In fact, I was there right before they came to decide what this building was eventually going to look like that they're building. And I just got confirm my only concern initially coming up here was whether or not they were going to have because there's a um a tornado shelter built right next door to it. And my concern, my only concern was whether or not while this is being built, there would be an issue with the access to a tornado shelter. And talking to the guys saying, "No, no problem." So, I don't have any problem with this at all. In fact, I would offer you probably before you make a decision on whether or not this impacts positively or negatively with the um comprehensive plan that you ask some residents in the area about whether what they think about that facility. Um great people, all volunteers, not costing the city a penny. Um just like the rescue service does a fantastic job in our area. Um, is there a reason for that?

47:10 – 47:49Speaker 1

Is there a problem with me going over three minutes? Um, yeah, I can. Um, so if there is a the issue apparently seems to be whether or not you can move from a res 10 to a institutional, the fact that there is already sitting on that property a tornado shelter supporting the community would tend to make me believe that it's already been institutional to begin with. So there really isn't shouldn't be a problem. That's all I've got. Thank you. Okay. Thank you for your comments.

47:46 – 49:45Speaker 1

Anyone else wish to speak? Are you going to reply to this question, Mr. Mr. Farooqi's question uh was concerning the volunteer fire department or that portion of the property not being annexed and them responding to the city of Decar fire calls or EMS calls. Um, after speaking with the fire department, they informed me that the state code requires that the city of Decar are to respond to any calls that are within the city limits and they have to respond for emergencies, of course, with licensed and certified EMS workers. And so, that's part of the issue. Also, speaking with the fire department, they informed me that most volunteer fire departments are relatively close and more approximate to their service area. And being that they're still in the city of Decar, theoretically they're not. However, they're in a unique situation being that at one time Flint was within the boundaries of the city of Decar and was not annexed, but then the city annexed the Flint community and that fire department was a part of it. I'm not sure why it was left out. It may be because that property was institutional and it was a volunteer fire department. Um, also I was informed that the city of the Decar Fire Department cooperates with Flint Volunteer Fire Department mainly on an as needed basis and typically is not related to EM EMS services because they provide those services and and they have relied upon the Flint Volunteer Fire Department in the past if additional water supply is needed at a particular site and they may not be able to quite get there quick enough, but they will show up on the scene. So, they're also at this point, it's my understanding that they also do not have a memorandum of

49:43 – 50:07Speaker 1

understanding orou with the city of Decada fire department. And those are just basic facts. Could we establish anou mutual agreement between the departments? If if you will, we have a gentleman representing them. Yeah. The volunteer fire department to come and speak. Yes, sir. Come in.

50:04 – 51:17Speaker 1

Hello. I'm Jason Haggard. I'm the current chief at Flint City Volunteer Fire Department. I don't currently live in the city. I'm just I'm in the PJ, but just outside the city limits. Um, most of what you said there, you know, as far as Yes, it was Flint was a city and it was annexator, but that the fire department was a volunteer department, so that wasn't absorbed by the city because it was a part of the county county fire department. Um, you know, we do we try to do things around there to support the community. We do have the storm shelters that we built and paid for there that we've had over a hundred people in those storm shelters. Um, and also, you know, as far as location there, um, the way our coverage area goes all the way over to Burning Tree, um, back up that way. Uh, we back up process some, too. So, we'd still have to use that corridor there. So, it's really the central location for us, you know, and we've been there since the 1980s. Uh, they were originally in the rescue squad building. They they moved there in the 80s. So, you know, if y'all got any questions for me, I'll be glad to answer them.

51:15Speaker 1

So, so what do you plan to do there on this? Are you are you planning on doing a new thing?

51:20 – 52:11Speaker 1

We're just building a new station. The one we got, it's outdated. Uh we don't have enough room with the new carcinogens and stuff that's in the smoke out here that's causing cancer to firefighters. We need to be able to add washer and dryers and, you know, uh, cascade systems and things that that, you know, is needed in the fire service that we just don't have room for, you know, and there's going to be need for, you know, another engine or something like that to help to help out the community or whatever, you know, that we could assist any other department with and things like that. So it gives us room to grow and be able to get things that's needed to help our firefighters, you know, hopefully not get things like cancer and stuff like that, you know. So

52:08 – 52:43Speaker 1

So how many calls a month do y'all think y'all go out? Um, it varies for month. We're somewhere between somewhere around 350 calls a year. A year. Yeah. Okay. So did you 350 a year? Huh? 350. Yeah. So doing this expansion or building whatever does that increase the amount of calls you will go out on or is it just going to be

52:40 – 53:25Speaker 1

No, it just gives us more room to to be able to do things that we need to do and you know and also we'll have a room there that'll be available if the community wants to uh you know rent it for a small fee or something like that so that we can help keep it clean uh not to make money off of it just so that we can go back and clean up behind them and things like at for kids birthday parties that we'll be able to accommodate things like that. So, and if tornado comes through, we'll have enough room now. We'll have backup generator that we'll be able to help feed people and things like that. So, there's there's a lot of uses to it there. So, you going to build it on this oven across the street?

53:22 – 53:35Speaker 1

Yes. Right next to our existing station. Okay. On the property. Yeah, we've already got two big storm shelters on that property. We're just building

53:40 – 54:22Speaker 1

questions for so get to the residence issues in regards to the noise, the frequency calls, stuff like that. Um, and your current firehouse is not going any place, right? Retaining that retaining Yeah. Yeah. We have a we have a backo for large trees down and stuff like that. We want to be able to keep that and keep that stuff up there if we need to do, you know, some kind of maintenance work or something like that. But we're going to try to upgrade it back now. So what where's the back row now? Um, it's sitting down the road in a locked fence. So it's not in the neighborhood, it's someplace else.

54:20 – 55:05Speaker 1

It's in the neighborhood. It's in a lock fence back there. We'll have currently nowhere. additional equipment in on top of the equipment have already I'm trying to assess the impact of the neighborhood. So currently the back hose offsite. Yes. Now you're going to bring the back ho on site. Yeah. Yeah. It still runs. It still runs. It's at a u 101 Oxmore Flint Road which is the old chief's house. It still goes whenever we need something. I don't know y'all realize that Red Bank Road has some really really large trees and a lot of times we're waiting hours for somebody to come to move those big trees cuz sometimes our saws aren't as big enough to cut them but we can get them cut enough that that backup will move it.

55:05 – 55:30Speaker 1

Sure. So, um the expansion is driven by the need for additional training area training classrooms I guess. Yeah, I mean we're going to add a training place and stuff like that. Washer and dryers. You mentioned additional vehicle maybe, possibly. I mean, you know, is that another vehicle added to the fleet?

55:28 – 56:08Speaker 1

I mean, we're looking to add a frontline engine. We have a tanker right now that we, you know, but if you pull up on the fire and you use your tanker as a frontline engine, well, if you need water and there's nobody else, you know, there to assist you right at the moment, then you you run out of water. So that tanker needs to be able to be used. So having a frontline engine, an extra room for a front line engine make make a lot of sense for us out out real another truck basically. But I mean that's the plan. It ain't going to be it ain't going to happen real fast cuz those things are expensive. My expensive I think it's like three year lead time to get one too. Something like that. I mean it's not like it's going to happen.

56:07 – 56:36Speaker 1

Yeah. You can't go down the road. I mean, unless we we might can buy a used one somewhere, but you still got NFPA since it got to be less than 25 years old to be a frontline engine. So, okay. Yeah. But similarly, you could be adding additional engine to the current. Yeah. I mean, that's that's what we'd like to do. more noise, more sirens, more again, I'm coming from the neighborhood impacts, you know, assessing one truck, you know, is not really going to make

56:33 – 57:16Speaker 1

I mean, but the traffic is going to depend on what the neighborhood needs. I mean, if you got 300 fires, you need to go out 300 times. [clears throat] So, I mean, I don't understand the noise issue. I mean, they not going to be running crazy if you don't have a call when you No, absolutely not. I'm trying to figure it's current impact or if it's going to increase the impact. Okay. Fire else going away. The impact's impact. It'll be current impact. It won't increase unless the calls increase. Right. Right. Or or you expand the fleet and then you have more sirens, more trucks, more more

57:14 – 57:52Speaker 1

be going out at the same time as the rest of them. Okay. If you call 911 from your house, would you like for somebody to come? Absolutely. Well, the other people that are calling are still looking for it, too. But should you be doing But this isn't your precinct. Your firehouse is not in your current precinct, right? It's not in your area of responsibility, right? It was. It was, but it ain't happen. Right. But I mean, you know, we we've all I mean, we've been there since 1980, so we shouldn't be punished for that. I mean,

57:49 – 58:20Speaker 1

oh, no, no, no, no punishment. You know, I'm not saying it goes away. I'm just saying should you have the opportunity to build a new firehouse? That's what you're doing. You're investing in another infrastructure. You have opportunity to build a new firehouse. Should you build it in a precinct in a district that you don't service or should you because we already own that. We already Excuse me. We already have uh community things there like the storm shuffers and stuff like that. We can't just pick those up and move them. No.

58:18 – 59:03Speaker 1

So that would that would get way more expensive for us to build another place. Not only would it knock us further away from our east side of our Yeah. east side of our coverage area, but we'd have to maintain two properties and because we'd have to keep that because we got the the storm shelters and stuff like that there. So, you know, that would get way more costly on us to do that. I know nothing about storm shelters. So, is it a lot of maintenance involved? Yeah, actually, we just spent hours having to clean those things out because they do get moldy and stuff like that on there. You have to repaint them every so often and there's there's dehumidifiers and fans in there and you know, and you're going to keep the current building, you know, for training and then storing back hose and stuff like that, right?

59:01 – 59:45Speaker 1

Yeah. For, you know, small maintenance things. So actually if you build another firehouse in your precinct, it would certainly be able to respond quicker to calls in the precinct because you' be right there. It would decrease the noise and traffic and impact the neighborhood where you're currently at. Not necessarily because we're trying to get to the east side of our coverage area. We'll have to go around around to get to it. So we'd end up probably having to come through there anyway because we got to go out Red Bank Road to get over that side of our cover. So if we built over there somewhere, we're going to have to we're still going to have to come through there

59:43 – 1:00:09Speaker 1

on every call. Not on every call, but still we get a lot of calls out out that way. So increases. We get a lot of calls to price. We're still going to have to go that way. We're we're second call for a lot of priceful calls. Okay. So, and I've got your questions for Mr. What's the one plan for this area?

1:00:12 – 1:00:54Speaker 1

The one decator plan recommends low residential for that area. That's that's the strategic goal plan is correct. Um, I will I will also mention too, I've provided you all with the public comments that were emailed to us and if you would like, we can read them or you all have them. So, so did everyone have chance to take a look at public comments? Yes.

1:00:50 – 1:01:27Speaker 1

Okay. Anybody have any questions about All right. Anyone else wish to speak to this? I guess Mr. Perooqi, back to your question about theou that would be something between the fire department and the volunteer fire department and the city as a whole. That's not something that the planning commission could address. So that's I guess for future discussion down the road with the city officials to determine if that's

1:01:22 – 1:02:07Speaker 1

Yeah. My little concern with that is um we have the two main parties here. All we need is somebody from the city to represent and we've got Mr. Bullard or somebody. We could make an agreement in a fairly short amount of time, I would think. Um, the other concern I've got just as I was listening through the dialogue here, um, again, the the plan says this is supposed to be residential, but it hasn't been those properties have not been residential ever, so there really isn't a problem. So, all right.

1:02:03 – 1:02:43Speaker 1

Any any more comments? Okay, we'll consider this uh public hearing closed. So, do I have a motion? Make a motion. Make a motion by Mr. Way. Second. Second by Mr. Pike. Any further discussion among the commission. Okay. We call roll, please. Yes. Yes. Yes. Yes. No. for the same.

1:02:39 – 1:04:02Speaker 1

Okay, we do have a five yes votes, one no vote and one extension. And this will move on with a recommendation to the city council. And if anybody wishes to speak to this further, they can go to the city council work session when this is discussed public hearing and take up. Okay, next time. Next item we have on the agenda is a minor replat and a replatting of lot 9 and 10 of Pine Forest Estates addition number one. This is the lot that's adjacent to the other property that is owned by Flint City Volunteer Fire Department. Uh the current zone is RSF10 and institutional. The location is 114 Oxmore Flint Road Southwest. The request is to consolidate two parcels into one. The proposed land use is institutional and one decade of future land use recommends low residential. All right. Anyone here wish to speak to this item? There's not, we'll consider this public hearing closed. Okay. Do I have a motion among the commission?

1:04:01 – 1:04:25Speaker 1

I make the motion. Motion for approval from M by Mr. Way. Second. Second [snorts] by Mr. Pike. Any discussion among the commission? Okay, we call Rod. Yes. Yes. Yes. Yes. No.

1:04:26 – 1:05:22Speaker 1

All right. This one. Moving on to the city council with a 511 approval. Okay, now we're ready to move into the consent agenda. Uh uh this is part of the agenda that the planning commission has a final decision on does not require a public hearing. These items are read together and voted on as one group. If you wish to comment on any of these items, we ask that you come forward to the microphone, state your name and whether you're a citizen of Decator, then make your comments. We ask that you keep your comments 3 minutes or less and sign the signing sheet afterwards. Today, we have this this type of uh cons certificate to subdivide and consolidate. This is a one-step process to subdivide or consolidate no more than three lots and a survey is required. Can you read the first case, Mr. B?

1:05:20 – 1:07:17Speaker 1

Okay. The first case on the consent agenda is certificate 3658-26. It is 5.29 acres, currently zone, residential single family 10. The applicant is Pewight McAlli, landowner Christopher Codingham. The location is 2903 and 2825 Old Molten Road Southwest. The request is to consolidate two lots into one. The proposed land use is low residential and one decade of future land use recommends low residential. That's it. The next one is certificate 3659-26. It's 7.27 27 acres currently zone light industrial district. Applicant Pewight Mcanali landowner Rodan Properties LLC. It is located at 715 Summit Drive Southeast. The request is to subdivide one parcel into three. Proposed land use is commercial. One indicator of future land use. Recommends Flex Employment Center. Next we have certificate 3660-26 acres 3.30 currently zone agriculture applicant Nicholas Ostri land owner Indian Hills Partners Incorporated located at 3430 Indian Hills Road Southeast. The request is to subdivide one parcel into two. Proposed land use commercial one decade of future land use community commercial. Point of information, any relocation of utilities will be at the owner's expense and any relocation needs to occur before

1:07:15 – 1:07:49Speaker 1

construction. Lot two will be cut off from wastewater access. A main extension will be required or flag lot will need to be restructured and this comment is per utilities from wastewater. All right. Does anyone here wish to speak to any of these items? Just trying to give some clarity on the uh the one um can't remember which. Can you go back a couple of slides?

1:07:50 – 1:08:14Speaker 1

Yeah, Sunnet Drive. The one over by the where the dog pound used to or dog near the dog facility. Uh I believe that is that close to the VFW. Is that the facility we're talking about? currently like but over veterans drive. Yeah. Quite a ways from the veterans place.

1:08:12 – 1:08:56Speaker 1

Well, quite a ways is is is is kind of my point because I was uh when I worked or when I was volunteering over at the animal shelter, we'd occasionally get dogs to walk and I would walk dogs up up that area and then across the railroad tracks and came in from behind that area. And the one time I did that, or I should say, yeah, the only time I did that, um, the VFW is running a shotgun range out in the back of their facility. So, I don't know if they've been contacted to see what the impact on this, not currently vacant, but soon to be something else might be. Oh, no. They used to have turkey. Exactly. That's what it was. Yeah. And I tell you what, or Christmas or something.

1:08:54 – 1:09:37Speaker 1

Yeah. I was walking this little puppy that belong didn't belong to me and all of a sudden these shots were zinging by me and I'm like, "Wow, that's kind of crazy." They have to get special permit to do that. Yeah. From the city to do that. They had done it for a long time that I know. Yeah. And then again, the question would be whatever is how does that relate to the one Decator comprehensive plan? What's going to go in there? So, if it's currently vacant, something new is going in, what's that going to do? All right. Thank you for your comments. Anyone else wish to speak this any of the time? Okay, I'll entertain a motion from the commission. Second.

1:09:34 – 1:10:02Speaker 1

Motion by Mr. Moer, second by Mr. Way. Any discussion on the commission? Okay, we call roll, please. Yes. T. Yes. Yes. Yes. Yes. Yes.

1:09:58 – 1:10:41Speaker 1

All right. That's approved 70. So, we have uh other business here today. U items that go to the city council for final approval that do not require public hearing. Uh this is a bond review. Um to this is to review a bond to see if it can be adjusted to a lower amount based on work completed or to review if an expiring bond will need to be extended or not. Once it's determined that all requirements are met, bond will be released and case file will be closed. So got that case, Mr. B.

1:10:37 – 1:11:20Speaker 1

Okay. Uh the last other business is bond release for River Road Estates phase three. It is 60.18 acres residential single family 7 located at Lisa Lane Southeast and Joseph Drive Southeast. The request is to release the performance bond for $82,500. Proposed land use residential one Decater future land use recommends mixed neighborhood. All right. Uh engineering is this uh you guys okay with releasing this bond on this project? Yes, we've done inspected and approved. Approve. Proceed. Okay.

1:11:17 – 1:11:47Speaker 1

All right. Uh make a entertain a motion from the commission. Motion for approval. Motion by Mr. Pike. Second by Mr. Moer. Any discussion? Call roll please. Yes. Yes. Yes. Yes. Yes. Yes. Okay. That approves seven of the and that concludes our agenda today.

This transcript was automatically generated from the official public meeting video and is presented unedited. It reflects remarks made on the public record by elected officials, staff, and public commenters. Transcript accuracy may vary; view the original recording for reference.