Planning and Zoning Meeting - Regular Meeting

Thank you Lord for this day that you have given us. We ask you to bless us on this day. We ask you, oh God, that you would direct us in the path that we should go with this counted me. Bless us now. In your name we pray. We say together. Amen. Amen.

I aliance to the flag of the United States of America and to the republic for it stands. One nation under God, indivisible, with liberty and justice for all consideration for minutes April 9th.

Motion Second. It's moved and properly second. All in favor? Eyes have it. So it is a motion to open public hearing. So move second properly second. All in favor. Sharon and David. Good morning.

I want to start by saying three things happen when you get older. You forget things. You see death more frequently and bones break easier. I want to apologize for not being here. I broke a rib and ended up by the end of the week I buried two family members. So, I'm very sorry for my absence and not being here. I wanted to say to them as well. Um I just want to say that um I recently submitted after the meeting I reached out to the different u neighborhood uh families, you know, and I wanted to see if there was anything prior to the meeting, you know, that we might could talk about or we might could discuss. Um, and this is what I sent them just so that you'll know. I said, "We understand your concerns about the neighborhood's character. Our proposal includes measures to minimize disruptions and enhance the area." I said, "We'd like to discuss how we can work together to make this beneficial for everyone." Um the the improvements to the neighborhood would be upgraded infrastructure. Um there would be local service and job creation from it. It's understood about the operating hours, you know, could carry the restrictions for public uh access. Aesthetically, the commercial building would complement um and not take away from the neighborhood. That is our goal. Um this commercial development would boost the values as well uh not just of our property but

those surrounding us. Um initially I I had said of course there would be no we would not ask uh for any um of the you know for the what is it I wanted to say here sorry um the easement yes um you know we had said initially we would definitely not be expecting anything we want to give back to the community however with a little thought I realized that I'm getting older. In about 15 years, I'll have children and grandchildren that would need, but we would grant the 15 years for sure. Um, if that would help. Also, I just want to thank you for your consideration, for your help, and um we're here uh to work with you to make sure that all parties are happy and this is resolved. Um, and I want to thank you for your time.

Opposition before Mr. M or Mr. or Miss Corman's come up. Um, their son was here last time, told us he wasn't going to be able to make it. He did write a letter voicing his objections and sent that to me. That's included in your information there. Um, just wanted to make that notation. Thank you. I did receive a text from Miss Hardy Green, but he just said, "What can we do to make this easier?" It didn't give your name, please. Sir, your name. Oh, I'm sorry. George Carmines.

First of all, I have a little petition here that all the neighbors in the neighborhood sign opposing it. Who would they give this to? on this little petition that I got there. Everyone signed it except one lady and that's she was bedridden. I didn't want to bother her. So, everyone is in a agreement that they oppose this. I even had people that I've seen me with my clipboard and they uh stop from Harvey Cross and I want to know if they could take a petition. And I told him, "No, we didn't need that." What we mainly are concerned with that, you know, people don't move out that far out of town for a shopping center or shopping. They move out there for the residential area subdivisions where they it's peace and quiet. This letter that my son sent, should I read it to y'all or are y'all reading it for yourself?

Sir, okay. Yes, sir. You're w you're welcome to, sir. This is your time at the podium. You're welcome to read it out loud, but again, they do have a copy.

Well, he asked me to read it, so I will. It's, "Dear planning and zoning members, I am writing to you in opposition to the petition request to reclassify this subject parcel from its present zoning district classification of R1 to C2. the request to reszone this parcel to C2 which is called a get my glasses on which is called a highway commercial district in the Madison County zoning ordinance 2019 and is described as major thoroughfare commercial in Madison County comprehensive plan 2019 is not in compliance with the adopted land use of Madison County. The land use plan seeks to designate commercial districts near transportation corridors and other existing commercial industrial developments. The subject power parcel is neither. It is surrounded on three sides by large lot residential properties zoned R1, all of which oppose the proposed reszoning. The Madison County zoning ordinance 2019 states in article 806.03 03 that no amendment to the official zoning mount should be shall be approved unless the proposed reszoning meets one of the following criteria. That the character of the neighborhood is changed to such an extent as to justify reclassification and that there is a public need for the resoning. The residential character of the neighborhood and surrounding areas has not changed and recent construction activity in area in the area indicate that the area is overwhelmingly residential in nature. My home adjacent to the subject property was constructed in 2019. My parents' home adjacent to the subject property was constructed in 2024. My neighbor's home in the corner of Old Canton Road and Cedar Grove Lane was constructed in 2020. There are numerous residential subdivision under development area such as Woodgate, Yande Farms, and Madisonville. The last commercial building to be constructed within two miles of subject

property was a glued fire station number three which was constructed in 2019. I do not believe the construction of a fire station demonstrates that the character of the neighborhood has changed. To the contrary, this location was likely selected for the fire station because of the high number of residences in the area. The obvious character of the neighborhood is that the far west end of Yande Road is commercial and as you progress to the east on Yande Road is overwhelmingly residential. The petitioners have also demonstrated there's public need for the reszoning required has not demonstrated there's public need for the resonance required by article 806. To the contrary, there's no demonstrated demand for the beneficial use of commercial office space in the area. The petitioners have stated they intend intend to build an office complex. The only existing commercial office space in the area at 1351 North Old Canton Road has remained mostly vacant for nearly a decade with only a short extent of occupancy which did not last. In conclusion, the petitioner's request is not in compliance with the county's land use plan and the petitioner has not demonstrated the character neighborhoods changed and that there is a public need for this reszoning. I request that the Madison County Planning Zoning Commission deny this request on these grant. Sincerely, J. James T. Cormine. The only reason we've, you know, object to it, opposed to it is because we want to keep it residential area, not a commercial and our front yard. Well, the whole area people residents do not want more commercial property out there. And Miss Hardly keeps saying about the uh access to the my property which meant u my deed and I'm sure she had a title search says that I have permanent access to that property no matter who owns it. So if she sells it leaves her children whatever that access is still mine. I still have access to it. I really don't

have anything to say that I haven't already said. So I appreciate your time. Anyone else?

Hi, I'm Wanda Cormains. I'm George's wife and uh this affects us more than anyone else because we live behind this property and we have no road frontage. The whole width of our land is the whole width of this land in question. And uh I don't believe there's anything positive that could come about this. If you I really feel like if you were in our shape, if your parents were, if your grandparents were, you would be opposed to putting commercial in front of their house. Our house is faced north Oak Canton and uh it's kind of thin. We've we're right there close to this property. I mean, we look at this property every day and we don't need it to be commercial. It would not add to the commer to our neighborhood. It would take away from our neighborhood. And I thank you for listening. There's if you made it commercial, it would be a box of Pandora where just all kind of things could happen that you would not want in your neighborhood. Thank you for listening to me.

Anyone else? Good morning. I'm Dale Barnes. I live at 141 Cedar Grove Lane around the corner from the property in question. been out there since um 1985 and um never knew that it was considered even being commercial because it's always been residential. And so, uh, with all the stuff that's going to be going on with the widening of the roads and everything, that area is going to be utilized a lot because it already has because our house when we moved out there was was um, Yandel Road, Route 3, Box 248A. And then when they were doing all the work on Yando and all, ours became the cut through in that part of Old Canton Road. And it's just it's not really I mean it's residential. It's it's silly to put some sort of commercial in between our residential spots.

What was your name, ma'am? I'm sorry. Virginia Dale Barnes at your service. Thank you. What else? I'll entertain a motion. Commission have any questions? That easement, you you're positive you have a a perpetual easement to your property.

Your easement, are you positive you have a perpetual easement? brothers.

It was brothers that owned this land and whenever they they just give them a 20 foot permanent easement across their land at the at the between uh Mark Jordan's land and it was uh Bill Martin's land. The easement is not over the parcel we're discussing. Correct. Yes, ma'am. It is. It's the It's the edge of it. See, you got it's where the corner of the land starts. I got a 20 foot easement and then they got that land. But still, it's all one part.

I've tried to buy it from every owner that had it because to keep a any confusion shut down, but you know, but I do on my deed in which I done a title search and everything and sure that Mr. Hardigree and them did a title search. It'll show on their deed that I got a 20 foot permanent permanent easement. It don't just say easement. says permanent easement. I might say that up that easement, Atmas Gas Line comes up to the easement. Uh Bear Creek Water comes up that easement. It's the only way they can get to my house. And then uh uh WiFi AT&T comes up that easement. And then it's been I have personally fix the driveway dirt and gravel. Not gravel, but uh whatever they call that. Hey, so

you cannot can you or can you not see um old Canton Road from the U from your house? I can't. It's 400 foot. That's how long that driveway about about 400 foot. And if I walk out to my driveway, Yes, ma'am. I can see cars. I can see the mail go to the driveway. Go by. And reason I can't see it from the front of my house is because I let trees grow up there. Right. Right. For privacy, you know. Those trees is that on your land or is it on the land? They there's trees. I whenever it was cleared, I left a strip there on mine, but they also have some on theirs also.

That's all. Okay. Thank you. Any other questions?

Um being that Mr. Cormine's uh home and your son's home, I believe both um the properties join. Um there is a another way or access through you know going through to his son's house but um we have no opposition of him using that right away at all. We just wanted you to know uh we had told him initially because that was his concern and we told him initially that uh we guarantee we will not uh prevent you from accessing your home or the property was ever sold, they would have to agree that Mr. Carmines would have access. So, I just wanted to say that there's no access road from my son's properties to my house. That is where my grandkids ride their four-wheeler across my yard into his yard. That's the only access is have access there. I'd have to go across my land and cross his land on his driveway to get to Cedar Lane Road, but that is not access at all. And then like I said, these plain estates permanent access.

I have a question. Perpetual easement, it's in perpetual.

That's right. Obviously, I I've not done a I've not looked at deeds or done a title surgery and that kind of stuff. But if Mr. Carmines is correct, and I don't have any reason to dispute that he is, if he bought his property along with a dedicated easement over and across the hardre property, that is a perpetual easement. Again, not having looked at the records, I would assume that when the hardre purchased this property, their legal description would bever and bounds are

subject to a 20 foot perpetual easement may be described. It may be a book and page number reference. I don't know. But that's typically how those things go. So in that instance, um assuming again Mr. Carmine's right, you don't have any reason to dispute him. he has permanent access to his property. Um, and the hardre property would be subject to that easement. That's typically how it works. I don't I don't have that information in front of me. Hadn't looked at it and studied it, but that's typically how it works. I wish I'd have brought a description, but I didn't think about it. How do your son uh access his property,

sir? How do your son get to his property? Oh, he's he lives on the corner of Cedar Grove Lane and North Old Canton, which is uh what just south that joins their land and my land, the southern border. He doesn't require access. He's got access on both sides of his land. Okay. Yes, ma'am.

If if possible, I would I would like to see this document. Um, according to the gentleman that sold us the property uh for years, Mr. Carmines had been trying to purchase that and he did not want to sell it. Um, so I just for, you know, your your uh confirmation as well as my own, I'd kind of like to request to see that uh if at all possible.

And just to be clear for the commission's edification, an easement doesn't mean that Mr. Carmines owns the dirt under it. run access to the property understand zoning administrator. What is

not necessary? That doesn't necessarily necessarily entertain a motion. Remote neighborhoods need a commercial hub, but they also need a neighborhood friendly commercial hub. C2 does not match that. But the there are two more parcels out there that have already been zoned C2 in enhancing property values and encouraging property values. The amenities of the neighborhood help drive the value of the houses in that neighborhood. a neighborhood friendly commercial hub

that number one buffers the residential district and number two enhances that residential district would actually be beneficial. We're stuck with the secret zone. It looks like, but I want it restricted. A quiet neighborhood commercial. Um Just one second. Uh, what do you suggest? I would like to commercial but at the same time protect these people. First of all would be the buffer and the buffer would be the evergreen trees 8 foot that we talked about or the 8oot fence all the way around. And I would want that fence or that buff to go along especially along the west boundary of this property and

halfway up the north and south side of this property so that it would completely buffer this residential district. I would also want this C2 to be restricted. All right. I need advice. Should we spec specify or should we make it to where the use has to come back before the board?

That's a determination for you guys. As you guys know, you can certainly um reszone with restrictions, right? Just because there's something particular in a C2 designated district, you can say C2, but not whatever it is that you might want restricted or that you will not permit to go there. Your conditions then become a part of the C2 zoning. So, it's C2 with restrictions. We've done that before.

Should we be You say we should be specific. I would if there's a specific use that you don't believe fits or should not be allowed, I'd go ahead and do that now.

It comes back to restrictions.

Yeah. For example, you you I think you guys have done it before where in a C2 district, I mean, there's there's all sorts of things and I'm not I'm just picking as an example. Okay. What's that? Like to generalize. Yeah, just generalize. No, no vape shops or no bingo halls or whatever it may be. Um, you guys have or this commission has um previous previously restricted those items and sort of crossed them off the list as not a permitted use so to speak.

Can we have a Sure. Would it help you to have the actual ordinance in front of you? I think I would. Let's take a brief recess.

Yeah. Go ahead. All right. All right, we're back.

This is coming. I think we're back on the record and Dr. Rouseer had uh advised that he would entertain a motion. What I've got here, Jean, is not necessarily in the form of a motion, but you had started discussing an 8 foot evergreen landscape buffer or an 8ft fence um along the west side of the property and at least halfway up the uh north property line and the south property line. And then you started talking about the possibility of C2 with restrictions.

All right. The motion will further state that in conjunction with the character of the neighborhood imposed by the Harvey crossing zoning. Is that good enough terminology with the following specific restrictions? All right. C2 allows stuff in C1. So out of that C1 district specifically um denied or cannot be

prohibited.

Prohibited. Ex. Exactly. All right. Veterinary clinic and pet shops number D. on page one, supermarkets, hotels and motel. On page two, number D, bowling alley, skating rings, motion poke, picture theaters, and so forth. E, mortuaries and funeral homes. G, convenience stores. H, vehicle sales, I vehicle service centers, K, garages, body shops, etc. All right. In section 2202, conditional uses and structures prohibited would be B, big box retail estab establishments, heavy equipment sales and service, building m ial sales where um the the inventory would be stored outside. E garages and body shops. F. Fireworks stands. G outdoor advertising billboards. H recreational vehicle parks. I rental housing. J used or pre-owned vehicle sales. K. Uh, fully enclosed storage or warehouse. L check cashing businesses. M. Payday loan businesses. N. Car title cash for title business. O. Pone shops. P. Tattoo and body piercing.

R. Palm reading and fortunetelling. S. sports betting, wagering, gaming, gaming establishments. Um, okay. Um, also back up to Q vaporizer stores, smoke and similar businesses. All right. other specific prohibited uses that are not mentioned in that ordinance. Adult entertainment, all of that A through G. And I'll read it out for the audience. Adult entertainment, recreational or entertainment uses that encourage high traffic in parking or produce noise. Retail sales where bulk inventory is stored outdoors. And an exception to that would be yard and garden. Um car title and cash for title loans, patio homes, commercial sports and recreational facilities, mortuaries and funeral homes. That will be a duplicate. new and used vehicle sales which include ATV, RV, golf carts, etc. And quazi public systems substations where um there's outdoor storage of equipment such um I think that's complete motion. Second

been moved properly second with those restrictions. Ready to vote?

All in favor? eyes have it. So it is LFP LLC. That buffer sign I want it on the south side of his that on that land's on the land.

Okay.

May I interrupt just a minute? Do you have any were there any be any restrictions on hours of operation? I'm sorry. Any restrictions on hours of operation? Is that something? Do you know? Not that I know of. There's no What do you do? What have you done elsewhere? I mean, I think uh Manel Livingston is probably one of the exceptions to that. I don't recall exactly the time that 10 or 11.

Would you like to amend your motion? I would to include hours of operation no later than 10. at night. Is that right? Got a second to that amended motion. I'll second that. Move properly. Second to the amendment. All in favor? So it is.

Good morning everyone.

Morning. My name is Scott Shoemaker and I'm here representing the development company LFP LLC in regards to two petitions we have filed in order to reszone property. The two different tracks are also two different petitions because one is currently zoned SU1 and the other is R1. It is our desire to reszone both pieces of property to R2 and continue the development currently in place that is named Autumn Crest. So if you see the two different petitions, uh they're both together. It's all one piece, but they're two different zoning. So you'll see one that's SU1 and one that's an R1. So they're the exact same petitions other than the descriptions. Um, I'm getting Andy to help me a little bit today. Uh, Andy, would you mind handing out number one of this? And so, this is the potential expansion model, uh, that we have for Autumn Crest, uh, potentially phase two. The Madison County zoning ordinance, section 806.03 03 says, "No amendment to the official zoning map shall be approved unless the proposed zoning meets one of the following criteria. That there was a mistake in the original zoning and a mistake is a clerical or administrative error or that the character of the neighborhood has changed as to extent a justification of cl justify reclassification and that there is a public need for reszoning. There was not a clerical or administrative error. So I am here to discuss B. The change in character started a while back and let me show you. So I'm going to ask you to go through the petition

that we have so you can kind of follow along with this presentation. So first if you open the application uh there is a map of the current zoning in the area. Uh and that's attachment D in the petition. I know I've given you stuff and I'm going to be giving you more stuff. So, I just know there's a lot on there, but if you'll go to attachment D. Can I ask you the question? Yes, sir. I think the last time we met, uh, it was a traffic study that was supposed to be done. Got that? I've got that. Okay, good. Every every request that you had from the last time, I'm going to fulfill in a moment.

Can we start there? We did the whole I was told that I need to go through the entire report again. Does he have to go through the entire report? That's up to you guys. I don't think so. I'm good with however you want to do it. If we can just start where we left off at the traffic study and which was under the existing transmission line and then comments from the county engineer. That way you don't have to go through the first 30 minutes. I'm I'm happy to do that. However, just in this presentation that I did last time,

the key to all of this is the public need and changing character of the neighborhood. And I need to make sure that's very well illustrated uh because that is the basis of resoning that's set before us in the comprehensive plan. However, to go ahead and answer the questions that you had before, I'll be happy to not not to interrupt you, but all of your presentation is included in the minutes from the last meeting. Obviously, it's on video. Um, no problem. Just

that's just a huge part because of the the main qual qualifications of resoning. Okay. Um, so we're here today because there were some currents some concerns the last time we met. Those concerns specifically are is driving under a power line safe? What about traffic concerns? And Tim Bryan, the county engineer, can he review our proposal? So, while none of these are requirements set by the comprehensive plan to reszone property, we have complied with your request. Number one is power lines. Andy, I'm going to ask you to hand out that stuff again if you don't mind. and it's number two. And this is an email that we received.

And I just want to say it may not be required, but it's very helpful for us to make decisions. So, I appreciate you going along with my little ask. Thank you so much. I'm here to help. Great.

Uh, okay. So, the power lines, this is an email confirming that it's acceptable to drive under power lines. And now you have that email. If you'll look to the highlighted portion of the email, it states, "As you have stated, there will be no issue with the roadway crossing the transmission line right away as long as energy requirements are met. We would of course meet these requirements of energy because the houses that we're going to build are going to need power. So we are going to comply with what they need." The second item that I'd like to hand out to you, thank you again, Andy. Sure.

Uh, and I would like to remind the board of the community of Hampton Hills, also located in Madison County. It has a power line running through the middle of it. For your convenience, I have pictures from Google uh maps showing uh Hampton Hills and the power line that runs through it. And the followup of that, sorry Andy, I'm wearing you out. It's all good.

Is the second one is an aerial view that I wanted to highlight what where the power line is running through the neighborhood of Hampton Hills. And then finally, Andy, it's the next one. Again, thank you for doing this. uh you drive underneath this power line that we're talking about that's close to Autumn Crest. You actually drive underneath the same power line at Catlet Road, Stribbling Road, Glugstat Road, Boseman Road, and I-55. And that's the line that you can see there. And then I've denoted where the crossings are. And I don't have this in a map, so thank you, Andy. I'm not going to bug you with that.

But there's also a power line that crosses Lake Caroline that people boat and fish underneath. Uh, okay. Traffic Andy or Thank you, Scott. This is the traffic study that was requested that we have and that we're going to go over and I've highlighted the important aspects of it that I'd like for you to see. I've highlighted a few items and I'd like to draw your attention. So, if you'll do if you'll turn to page six first. I put the staple on the top right so you could see the page numbers easy. So, if you go to page six and you'll look at the highlighted section, improvements are planned to Catlet Road to widen from the existing two-lane to three lane and signalize the intersection of Stribbling Road extension south of the project site. It further states on page six that the proposed widening of Catlet Road to three-lane is planned to include two southbound lanes and one northbound through lane. You can see that on page six. So just to be clear, we are doubling the capacity of going south. I understand that this road construction is set to start uh soon, but let's not forget what I said earlier. Uh, and this would have been at the last meeting. We probably will not be starting homes in this potential next section until the end of 2029. If you recall last time, we had a piece of property that we reszone and it took three years to go from uh reszoning to pulling the first permit. So, these houses are not going to be started next year, next month, whatever you want to

say. Uh, okay. If you'll turn to page eight in the traffic study, you'll see where I've highlighted and it states, "The capacity analysis reveals that the future year 2030 levels of service are forecasted to be acceptable levels of service with the widening of Catllet Road to a threelane roadway. And then finally, if you'll turn to page nine under recommendations, you will see in the highlighted portion with the widening of Catlet Road to three lanes, the capacity analysis shows that the adjacent intersections are forecasted to operate at accepted levels of service at the Falls Crossing and Catlet Road intersection. Lastly, we have also provided Tim Bryan with this study, the county engineer. Based on his initial review of the provided study, he stated that the traffic congestion is essentially unchanged with the construction of new houses and that the road construction improvements that are planned on Catlet Road in the coming and the road construction planned on Catlet Road in the coming years. But this is today's forecast. There can always be additional improvements to county road infrastructure in the coming years. So in closing, the previous time and here the requirements for resoning that we have discussed have been proven and I believe they clearly illustrate and meet the criteria required of the comprehensive plan that there was a

change in character of the neighborhood and a public need. Have a question. Yes, ma'am. This all looks great. Um, we're still sticking with the one one way in and one way out in like and I know that there's president I know that we do that whatever but that's our plan. We're still going to have one entrance. Yes, ma'am. And how many additional houses are we building in here on that conceptual study is 87. And that can change can change upward. It could go up or down. I I don't really know. We wanted to try to maximize as much as we could do to show you.

Um, I don't have a history of saying 87 and it's 150. I probably have a history of saying 87 and it's 83. Okay. Just refresh my memory in our previous meeting when we touched on access from from what I remember um when I mentioned that it was bothersome to me. I think your remark was that you listed off other neighborhoods where it just had one entrance and one exit as one. Right. I did.

Okay. And we're still not considering an additional access or entry. If there was an opportunity to have an additional access, I would do it. I don't see that opportunity. Land is not available for us to put another one in, but I would love to. That's all I have to do.

The traffic report does state acceptable levels of service. So, uh I know that they are a whole lot smarter than me. Um and they are having in the report as you see acceptable levels of service. How many houses currently in Autumn Crest?

61. and in over 200 and I'm sorry that I can't think of that. I don't think I have that right in front of me. I have statistical data of public need in houses that have sold in the last two years, but I don't have the number of houses right right here in front of me. Any other question? And we have uh Amy Oden. Is she here? Megan.

Okay. Jason Peterson, Elaine Saxton. Those are some of the uh oppositions that we had against your testimony. Is anybody new? Would you like to speak?

Good morning. My name is Clyde Himmes. And repeat that, sir. I'm sorry. Clyde. Clyde.

And my only concern is the traffic flow. Uh right now in the morning, traffic is crazy. get in and out. But if you compound that with construction, it's going to be even longer to get out. Um, which would cause a concern, especially you have to be somewhere in the mornings. Um, I have no problem with growth. It's just there's got to be a better way for the traffic flow, if that makes sense. Anybody else? My name is Jason Peterson. I live at 700 Autumn Hill and I have a petition that was written up here and I just wanted to read some of the things that we oppose. And I want to stress that we are not opposing the growth of the neighborhood, the addition of the neighborhood. That's that's fine. Uh like Clyde said, I think our main concern is the traffic one way in, one way out with the addition of the new neighborhood. So, I'll just read this off and I do have a copy if you want it now for each of you or I can hand it out after I read this. Either way is

it's up to you. I'm happy to hand it out.

Okay. How many So the um the residents of Autumn Crest and Falls Crossing and the surrounding community hereby formally oppose the additional new residential section consisting of 87 homes of the neighborhood. Our primary objective is the proposal plan to serve the entire section through a single point of vehicle ingress and egress a road directly under the ch uh used by the children at play and the families throughout the day. Falls Crossing has 202 existing houses. Autumn Crest has 58. Correction, that should be 62 or 61. Uh both communities share the same primary entrance and exit on Catler Road. With the proposed addition of 87 homes, that would be 347 homes, two cars per household or 694 vehicles sharing the same access. some of the um we respectfully urge the Madison County Planning and Zoning Commission to reject this proposal in its current form and require significant modifications before any proposal is granted. Some of the grounds for the opposition, there's three of them. So, the first one, emergency vehicle access, a single entrance community of 347 homes created an unacceptable risk of emergency responses. is a single blocked congestion and damage entrance. Uh damaged entrance would prevent fire

trucks, ambulances, and uh police vehicles from reaching residential residents in a timely manner. Industry standards and guidelines recommend secondary access points. Uh delayed emergency response times can mean the difference between life or death of a resident experiencing medical emergencies or a fire. Number two would be traffic congestion. Bundling all traffic from 347 houses house households throughout through one access point will access will cause severe congestion on a street where children already live and play and walk at peak hours. School drop off morning or evening commutes. A single entrance will create dangerous backup onto adjacent roadway within Autumn Crest and Falls Crossing. The main street serving the entrance in an active area where children play and pedestrians travel daily dramatically increases vehicle volume poses a direct safety risk. And then number three, excuse me, following on number two, construction traffic, heavy equipment, contractor vehicles, heavy trucks, the same corridor they will use as our children use for an extended period of time. I'm going to guess and say it'll probably take two years to build that neighborhood. Increasing traffic volume will degrade the road conditions and sidewalks. which sidewalks are only in Falls Crossing. Um, safety for existing residents of all ages. And number three, the safety and evacu evacuation risk in the event of a large-scale emergency requiring evacuation of single entrance design is

dangerous. A wildfire, flood, gas leak, chemical incident could render the sole entrance impassible, trapping all 347 households. Modern emergency management practices and many local ordinances require multiple evacuation routes for developments of this density. The risk is compounded by the accumulation population cumulative population of the proposed section added to existing neighborhood traffic during any evacuation scenario. So our request is we call on the Madison County Planning and Zoning Commission and the developer to require a minimum of two separate fully imposed access points for the proposed section before any permits are issued. Conduct an independent traffic study which has been done. Engage an existing community. Engage the ex existing community in a formal public hearing to address safety and infrastructure concerns and reduce the density of the population proposed development and adequate access infrastructure to not be provided. And then we have some signatures on the back. I think there's I don't know 80 something. But again, I want to stress that we are not against the addition to this neighborhood. I know that it was mentioned that Catlet Road was going to be extended to three lanes. What are the acceptable levels of service is what I would ask. I mean, they they're saying that the extended three lanes, that many vehicles coming out to a three-lane road, that's acceptable. Well, what what qualifies

that as acceptable? Where's that study? How many cars does that entail? Because I can tell you, adding this many houses, this many more vehicles coming out of one entry and exit. Adding one more lane, I don't think it's going to make a huge difference. If it was a five lane road, yeah, then it might make a difference. But I'd like to know what the the requirements are for levels of of u meeting the levels of service by adding one lane. So that's all I have. Thank you. Anybody else?

Any questions from the commission?

How many houses are in Grey Hall? Does anyone know? The count that I have that uh Greyhawk has is 377. and they do have an emergency exit, but after this meeting that we had last month, I went by and looked at it and it's a vacant lot. It's not a road. So, I don't know what happens from an emergency standpoint.

All right. You talked that you could So far, you've not been able to negotiate on land south of this proposed development. No, ma'am. All right. Um going north to Striley, you haven't been able to No, I've not seen any opportunities there.

Before you guys deliberate any further, and please hear me out and hear me clearly, I'm not saying for you to ignore or not consider anything that's been said or that's brought to your attention. I'm not saying that. But I do want to remind you all the The only thing in front of you currently is the reasonzoning petition and you all know the criteria well that has to be met for a reasonzoning petition. Um, as I'm reading these requests, uh, I do feel that it is my duty to inform you and advise you that this request to require a minimum of two separate fully improved access points for the proposed section before any permits are issued. Um, that is not a uh right or a duty or you guys have that authority. That would be a county county engineer issue. Um the independent traffic study uh findings available to the public. You guys have that or have a traffic study um in the event that you choose to accept that or choose to accept findings. Um a formal public hearing to address safety and infrastructure concerns. That would be the same as number one. Um I don't think you guys duty, the obligation or the authority to call a public hearing for those purposes and to reduce the density of the proposed development if adequate infrastructure cannot be provided. Um, again, I don't think that's your duty obligation or your ability to do so. That that's a flatting issue with the county engineer. So, just again, not telling you to ignore

anything or not to listen to folks. I'm I'm not saying that. but just kind of trying to bring it back to center here. But you certainly have the the right to ask any questions of anybody that you'd like to hear.

If I may, I'd like to add just we're required as the petition to do what the comprehensive plan that was adopted to do and that's what we have set forth is to change in character of the neighborhood or in a public need. There was not a mistake. traffic is not a requirement of reszoning. Um, and it says in the report that you see that it's acceptable levels of of traffic. Um, that's an engineer stating that is a whole lot more qualified than me, but that's what it states in the uh in the report. Any other questions?

I entertain a motion.

So, this was because of me and my request and I think they've met what I requested. Now I do have one question and I'm going to keep going back to this entry and this exit. You know what's possible is possible and what's not is not. But is there any way that when it gets before B that they can consider that? Can we attach something to that approval to call their attention to that and then it be up to them or do we just pass it as it is since they met all of our expectations and there are no other ordinances or requirements that they need to meet before we pass.

You guys can do whatever you want to and I I've said it here before. I'm never going to ask you to vote a certain way. I'm not going to tell you how to vote a certain way. That's that's not my duty. Um, you can certainly, for lack of a better term, flag that. Um, but I I do know that the county engineer and Scott, quite frankly, at the platting phase again, uh, do flag those issues, check those issues, consider that and It's on the record and it's covered that I have concerns. Sure. I'm happy to put that in any motion or

whatever you would like to put forward. I would like to flag it as a concern for them to take into consideration because again everything that was requested was provided in detail and I'm fine with that. But I'm I'm still on that entry and exit for sure. So that have to come before the board again. The platting issue. Yes, sir. That's right. Preliminary time.

So, is that a motion? Is that part of a motion to approve? Is that part of a motion to deny? Part of a motion to approve. Okay. Is there a second? It's moved and properly second. All in favor? I So it is now that is specifically let's take these in order because they do have to um it's number three and number four again as Mr. Shoemaker has explained same thing they're the same petition. Yes. But Mandy as to item number four would you also make that same motion? Yes.

Okay properly second with item four. Ready to vote. All in favor. Motion to close public hearing. Motion to accept the second Thursday in June. So move for properly. Second. Second. Favor. in favor. Motion to adjour.