Auburn BZA denies appeal seeking administrative plat within older PDD; staff says PDD master plan is binding

The Auburn Board of Zoning Adjustment considered and denied an appeal asking the board to overturn a staff decision that an administrative plat was not an appropriate method to add lots within an older Planned Development District (PDD).

An applicant representative argued that three proposed lots along Millers Point Road are outside the PDD and that other areas identified on a master plan map were never dedicated as open space on plats. The representative said the three Millers Point parcels are not part of the PDD and therefore "we are not reducing open space" and asked the board to allow an administrative plat.

City planning staff responded that the city's formal interpretation treats the master development plan submitted with a PDD as binding from a density and open-space standpoint and that the requested subdivision constitutes a "major deviation" under §5.04.04 of the zoning ordinance requiring a PDD amendment and notification of PDD members. As staff summarized, "the master development plan that is submitted is binding. Period."

Board members were instructed to apply the ordinance strictly to the facts before them. A motion to grant the appeal was made and seconded. On roll-call the motion failed: Will Faulkner, Emmy/Emmy/Amy Sorrells, Leticia Smith, Marty Heffern and Elizabeth Strand all voted "no," and the appeal was denied. Planning staff advised the applicant that the available next steps are to pursue a PDD amendment or appeal to circuit court.

The board closed the meeting after administrative announcements and adjourned at 5:21 p.m.