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A spirit that is not afraid

Development’s standstill leads to new city ordinance

<p>The newly elected Auburn City Council meets for the first time on Tuesday, Nov. 6, 2018 in Auburn, Ala.&nbsp;</p>

The newly elected Auburn City Council meets for the first time on Tuesday, Nov. 6, 2018 in Auburn, Ala. 

In an attempt to sell and zone about 25 acres of land for development, Sheri Todd and her siblings unknowingly set into motion a chain of events leading to a new city ordinance and months of legal confusion.

Ten years ago, Sheri Todd and her two siblings, Angie Newman and Pat Messick, inherited approximately 70 acres of land located between the Auburn Soccer Complex and the Auburn University College of Veterinary Medicine from their aunt Jeanette Conway. 

“We decided to hold on to it and maintain the property when we first got it,” said Todd, who spoke on behalf of the three siblings. “We paid taxes on it. We bush hogged it. We kept the fence line up and tried to maintain the property until the value came back up.” 

It wasn’t until four years later that the siblings decided it was time to consider selling the property. They decided to put up approximately 25 acres for sale, and in 2016, they received an offer for the land.

“In 2016, we were approached by a gentleman with the idea to build an assisted living senior care facility on the 25 acres,” Todd said. “We thought this was a great idea and began working with him.”

Todd began working with the buyer to get the land annexed to be within city limits. He also worked to have it zoned so the assisted living facility could be built there.  

Eighteen months later, the 25 acres were annexed and zoned as a limited development district, which allows developments such as assisted living facilities or subdivisions.

The buyer ultimately proved unable to finalize the deal. However, the limited development district zoning remained when the parcel went back up for sale. 

In February 2018, a new potential developer, Stone Martin Builders, approached Todd about purchasing the rezoned 25 acres as well as an additional 25 acres on the backside of the property in order to develop a subdivision. 

“We met with him on numerous occasions along with his engineer Blake Rice,” Todd said. “We felt like it is a good project.”

As the zoning stands now, Stone Martin Builders or any other developer is permitted by right to build a 78-lot subdivision. Stone Martin Builders is looking to build a 131-lot subdivision, which requires conditional use approval from the Planning Commission and City Council. 

As Stone Martin Builders worked to create the new subdivision, questions about the legality of a 78-lot subdivision were brought forward. A large number of citizens opposed the development of subdivision entirely. 

A number of complaints and concerns arose from residents that live near the property during Auburn Planning Commission and City Council meetings. Many residents said they were worried about traffic congestion on Wire Road where the subdivision would be built. 

Other residents voiced their displeasure in the building of another subdivision. They said they worry Auburn is turning into just another metropolitan area.

Residents argued during Planning Commission and City Council meetings the subdivision should not be allowed because when the land was rezoned to limited development district it was so the assisted living facility could be built, not for a subdivision. 

The developers then sent a request to the Auburn Planning Commission to recommend to the City Council that they allow the limited development district zoning to stand and therefore allow the 78-lot subdivision.

The Planning Commission has recommend denial of the request twice, first in November 2018 and again in January 2019, and before the City Council could vote to deny or accept the request, Stone Martin Builders withdrew both requests. 

The developers said they decided to withdraw both of their previous plans and wait to bring any more plans before the Planning Commission or City Council for approval until they are able talk further with residents about their concerns with the subdivision. 

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Ward 8 Councilman Tommy Dawson, the developer Stone Martin Builders and the landowners Sheri Todd and Angie Newman held an open meeting on Jan. 10, 2019, to discuss the development plan with concerned citizens.

That same night, in another meeting, the Planning Commission voted to recommend approval to the City Council to amend the city’s zoning ordinance in order to prevent situations like this from happening again. 

“The Planning Commission is dealing with this issue and changing the zoning ordinance,” said Kevin Cowper, assistant city manager. “If something like this happens again in the future, there will be a reverter clause in the ordinance.” 

The ordinance will come before the Council at their first February meeting. Meanwhile, the Conway estate, which includes both 25 acre lots, is still in the planning process and awaits approval for further development. 

In order to build a 131-lot subdivision, the City Council would need to approve the plans.


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