University Service

East of College Street

CRD-U

RDD

HARPER AV

N COLLEGE ST

N GAY ST

COOK ST

FORD CT

N RYAN ST

C
WARRIOR

N DEBARDELEBEN ST

MITCHAM AV

RDD

E GLENN AV

W GLENN AV

160 Ross

NC-12

N ROSS ST

WRIGHT ST

BURTON ST

TICHENOR AV

CEDARCREST CIR

S ROSS ST

DUPLEX CT

S DEBARDELEBEN ST

E MAGNOLIA AV

W MAGNOLIA AV

S RYAN ST

OLD STONEHOUSE WAY

ROSS CIR

E THACH AV

W THACH AV

S GAY ST

NC-11
AUBURN DR

HILLCREST DR

S COLLEGE ST

DR

D
WACLA

ACLA
CHEW

W CHE

221
Armstrong

HARE AV

MILLER AV

VELT D

NC-12
CASEY AV

NELOCCO DR

PINEDALE DR

MOORE AV

PAYNE ST

ARMSTRONG ST

ROOSE

E SAMFORD AV

NC-6
NC-14
GODFREY

LN

AS D

DUM

REESE AV

Proposed Boundary of Moratorium Area

University Service (US)

Holding District (HD)

Urban Neighborhood: Preservation

(Downtown Master Plan - Pending)

Urban Core (UC)

College Edge Overlay District

(CEOD)

Proposed US-2 (2007)

ORDINANCE NO.
AN ORDINANCE OF THE CITY OF AUBURN, ALABAMA, TO PROTECT THE HEALTH,
SAFETY AND GENERAL WELFARE OF THE PEOPLE RELATING TO MULTIPLE UNIT
DEVELOPMENTS, REGULATIONS, DECLARING A MORATORIUM ON THE FILING
AND ACCEPTANCE OF MULTIPLE UNIT DEVELOPMENT CONSTRUCTION PROJECTS
AND APPLICATIONS FOR THE SAME WITHIN THE UNIVERSITY SERVICE ZONING
DISTRICT LOCATED EAST OF COLLEGE STREET
WHEREAS, the City of Auburn, Alabama, has previously determined that the
proliferation of multiple unit developments in the City of Auburn must be monitored to prevent
excess units from negatively impacting the safety, health and welfare of its citizens; and
WHEREAS, the City of Auburn has determined that multiple unit development
construction has continued since CompPlan 2030 was adopted on October 4, 2011 in which the
continued proliferation of multi-family housing was identified as one area of concern; and
WHEREAS, CompPlan 2030 contains a number of policy recommendations to
discourage urban sprawl and to encourage urban infill, including permitting multiple unit
development by right in the University Service (US) zoning district and the Urban Core (UC)
zoning district, but requiring conditional use approval in all other zoning districts; and
WHEREAS, in 2012, in furtherance of CompPlan 2030, the City Council commissioned
the Danter Company to conduct a multiple unit development market study which, among other
things, encourages multiple unit development within one (1) mile of campus (specifically, Haley
Center) principally in the University Service (US) zoning district and the Urban Core (UC)
zoning district; and
WHEREAS, the University Service (US) zoning district is intended to provide for mixed
land use at high densities to meet the demands exerted by Auburn University, and to promote the
conversion, redevelopment, and growth of residential, commercial, and institutional uses
adjacent to the University campus and the urban core of the City of Auburn.; and
WHEREAS, the multiple unit development known as 160 North Ross located in the
University Service (US) zoning district east of College Street has raised concern due to its
density, height and bulk given its proximity to existing Neighborhood Conservation (NC) zoning
districts the purpose of which is to preserve the character of existing neighborhoods; and
WHERAS, development and redevelopment of multiple unit development in the
University Service (US) zoning district east of College Street presents unique land use concerns
due to its proximity to existing Neighborhood Conservation (NC) zoning districts; and

WHEREAS, the City of Auburn has determined that it would be in the public interest to
promote orderly redevelopment and new development compatible with the existing
neighborhood character in the University Service zoning district located east of College Street;
WHEREAS, the City of Auburn has determined that more multiple unit developments are
being contemplated in the University Services zoning district located east of College Street at
this time; and
WHEREAS, the presence of additional multiple unit developments in the University
Service zoning district located east of College Street may have negative effects on the health,
safety and welfare of the immediate area and the City as a whole; and
WHEREAS, it is necessary for the City to temporarily halt construction of multiple unit
developments in the University Service zoning district located east of College Street while
certain studies and investigations can be conducted to properly plan for the location, density,
height, and bulk of multiple unit developments, including but not limited to land use studies,
zoning studies, and housing market studies, to prevent further development from causing
deterioration of existing neighborhoods, decreased property values, increased demand for City
services, traffic congestion, negative environmental impacts, negative economic impacts, harm to
the aesthetics of the City and to preserve the character of the City of Auburn; and
WHEREAS, the City of Auburn has determined that the adoption of a limited
moratorium is appropriate to allow for time to study the impact of existing and increased
multiple unit developments in the University Service zoning district located east of College
Street, and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AUBURN, ALABAMA, on February 3, 2015 as follows:
Section 1.

That there is hereby declared, effective on the 3rd day of February, a moratorium
on the construction of multiple unit developments per the City of Auburn Zoning
Ordinance, regardless of whether the structure is an apartment, condominium or
other form of ownership or operation, within the University Service (US) zoning
district located east of College Street.

Section 2.

That this moratorium shall not affect or impact any multiple unit developments
which have, on or prior to February 3, 2015, received a zoning certificate from the
City Planning Department; and, a valid land disturbance permit from the City
Public Works Department, or a construction or building permit from the City
Codes Enforcement Division. Provided, however, that if said zoning certificate or
permits have expired prior to February 3, 2015 they cannot be renewed or
extended.
2

Section 3.

The moratorium shall be effective immediately upon passage, publication as

required by law and shall continue for a period of six (6) months, unless
terminated or extended by action of the City Council.

Section 4.

That all laws, regulations and ordinances inconsistent herewith are temporarily
suspended or superseded by this ordinance until this ordinance is revoked or
amended by further action.

Section 5.

That the City Planning Department, City Public Works Department and City
Codes Enforcement Division shall enforce this ordinance by not issuing any
zoning certificates or land disturbance, construction or building permits for
multiple unit developments in the corporate limits within the University Service
(US) zoning district located east of College Street.

PASSED, ADOPTED AND APPROVED this 3rd day of February, 2015.

____________________________________
Bill Ham, Jr., Mayor

ATTEST:
____________________________________
Charles M. Duggan, Jr.
City Manager / Clerk