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Planning Commission

Regular Meeting

Athens, AL · December 20, 2016

AgendaMinutes

Minutes

P a g e 1 137 I. Call t o Order: The Planning Commission o f the City of Athens, Alabama was called to order b y Gina Garth, Chairman, at 5 : 45 p . m . on December 2 0 , 2 0 16 . II. Roll Call. Members present: Members Abs ent: Gina Garth, Chairman Robert Malone Rick Johnson, Vice Chairman Jerold Blaxton Rod Huffman Venard Hendrix Chief Brian Thornton Councilman Harold Wales Mayor Ronnie Marks Also present: Mac Martin, City Planner James Rich, Secretary APPROVAL OF MINUTES : III . Res olution. The Chairman called for a motion to accept the proposed minutes from the November 15, 2 0 1 6 meeting as presented . "-., Mr. Blaxton offered the following resolution and moved its adoption : ) "BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF ATHENS, ALABAMA, to approve the minutes of the meeting of November 1 5 , 2016 meeting." Mr. Hendrix seconded the motion and the vote was unanimous of the voting members p resent. NEW BUSINESS REZONING IV. Public Hearing Request of Billy Cannon Jr and Lindsay Lane Baptist Church to rezone a 2 .58 acre tract on the southwest corner of the intersection of Lindsay Lane and Summit Lakes Drive from R-2-1 and R-1-3 Residential Districts to B-3 Highway Business District. Said request is made to allow for the construction of a pharmacy anchored commercial development. Public Comment: Mr. Martin stated that the property was eligible for rezoning as the property across Lindsay Lane was zoned B-3. He said that Mr. Billy Cannon communicated to his office that the purpose of the request was to allow for him to construct a small, multi-unit commercial center anchored by his pharmacy on the site. Mr. Martin stated that the applicant had been made aware of fa<;ade and buffering requirements for the prospective development. The City then recommended approval. With no additional comments, the public hearing was closed. P a g e 1 1 38 V. Resolution Mr. Wales offered the following resolution and moved for its adoption: "BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY O F ATH ENS, ALABAMA to Grant the request of Billy Cannon Jr and Lindsay Lane Baptist Church to rezone a 2 . s 8 acre tract on the southwest corner o f the intersection o f Lindsay Lane and Summit Lakes Drive from R-2-1 and R-1-3 Residential Districts to B-3 Highway Business District. Said request is made to allow for the construction of a pharmacy anchored commercial development. " Mr. Blaxton seconded the motion. Of the voting members present, all but Mr. Johnson voted in favor of the resolution. Mr. Johnson stated he was not in favor of commercial zoning extending any further north than already in place. The motion passed by a 6-1 vote. SUBDIVISIONS VI. Public Hearing: Request of J&J Oil Company, Inc. for Preliminary and Final Plat Approval of Granite Park Addition 1, a minor subdivision (s lots, no improvements) consisting of 4 . 1 acres located on Grant Street in a B-3 District. Public Comment: Mr. M artin stated that the plat called for the street traversing the property formerly known as Grant Street to be renamed to Josh Drive. This name change was based on E-9 11's recommendation to clear up a name conflict that existed with another roadway in the County. Mr. Martin also pointed out that a so' public right-of-way was being dedicated from the south t�rminus of the street to the south property boundary. He stated that this was requested by the City because 1) there was no existing connection to a 33 acre property with interstate frontage to the south from US 72, except by way of Lindsay Lane much farther to the east, and 2) the City's adopted future land use and transportation plans called for a connection in the vicinity. He stated that the ROW would be reserved until the 33 acre property to the south developed. The City had no issues with the plat and recommended approval. With no additional comments, the public hearing was closed. Mter some discussion, the Commission was ready for a resolution. VII . Resolution Mr. Johnson offered the following resolution and moved for its adoption : "BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF ATHENS, ALABAMA to Grant the request of J&J Oil Company, Inc. for Preliminary and Final Plat Approval of Granite Park Addition 1, a minor subdivision (s lots, no improvements) consisting of 4 . 1 acres located on Grant Street i n a B-3 District. Mr. Marks seconded the motion and the vote was unanimous of the voting members present. VIII. Public Hearing: Request of Winter Homes, LLC for Preliminary Plat Approval of Canebrake Village Subdivision, a subdivision consisting of 34 new lots on 1 0 . 8 acres located on Canebrake Lane in a P - R Planned Residential District. Public Comment: Mr. Martin stated that the proposed subdivision was the final phase of the Colony portion of Canebrake, and the setbacks for the rest of that portion of the development would apply to the proposed subdivision. He stated that the proposal closely P a g e 1 1 39 followed the development pattern set by the adopted master development plan, "Canebrake Master Plan Revision 8 , " and the City was prepared to recommend in favor of approval. With no additional comments, the public hearing was closed. IX. Resolution. Mr. Wales offered the following resolution and moved for its adoption : "BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF ATHENS, ALABAMA to grant the request of Winter Homes, LLC for Preliminary Plat Approval of Canebrake Village Subdivision, a subdivision consisting of 34 new lots on 1 0 . 8 acres located on Canebrake Lane in a P-R Planned Residential D istrict. Mr. Johnson seconded the motion and the vote was unanimous of the voting members present. SITE PLAN ' X. Discussion : Request of Mike Grisham for Sign Site Plan Approval, of a modified billboard, to be constructed on US Hwy 72 East between the Taco Bell and Russell Stover businesses. The applicant is asking for a conversion of b oth sides to digital displays, a change in the design of the sign, and an increase in height. The property is zoned B-2 General Business. Mr. Martin explained that Mr. Grisham had an application previously approved by the Commission in 2 0 14 allowing him to convert the west side of the billboard to a digital display. As part of that application, Mr. Grisham would not increase the height, and both sides of the sign would have to be the same size. Mr. Grisham's latest application called for a conversion of both sides to digital and an increase in height by 15 or so feet, from 45 ft to 6o ft. The applicati on also called for the sign to be reconfigured to a V-shape, directing the west face more in line with a nearby intersection. Mr. Martin expressed concern about the V-shape configuration and the increase in height - as both alterations would be seen from a nearby residential neighborhood. Also, Mr. Martin stated that all other signs in the vicinity have been required to adjust their height to conform to the Zoning Ordinance if they were removed or altered. Mr. Grisham explained his request, stating that the sign's present height was not advantageous due advertisements due to power lines and trees in the vicinity, particularly to the east. He said he would not want to put the money into converting both sides if he could not have an increase in the height. Also, he stated that the digital signs would be smaller than the present static message signs . Overall, he stated that the conversion would mean a substantial investment on his p art and would look better than the existing sign. The Commission stated that the height was an issue they did not have the authority to deal with, since said increase would require a variance to the Zoning Ordinance. However, the other improvements were looked upon favorably by the Commission. XI. Resolution. Mr. Marks offered the following resolution and moved for its adoption : "BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF ATH ENS, ALABAMA to grant the request of Mike Grisha m for Sign Site Plan Approval of a modified billboard, to be constructed on US Hwy 72 East between the Taco Bell and Russell Stover businesses. The approval includes a conversion of both sides to digital displays and a change in the design of the sign to a V-shape configuration. Said approval of the entire application is contingent on the Zoning Board of Adjustment granting a variance to increase the height of the sign from 45 ft to 6 o ft. " Mr. Johnson seconded the motion. The motion passed by a 4-3 vote, with Mr. Huffman, Mr. Hendrix, and Mr. Wales voting against the measure. P a g e I 140 ZONING ORDINANCE. XII . Discussion. The Commission discussed the draft of the report given to them by Mr. Martin. The report included a number of alterations to the text in the form of clean-up items and policy changes . The items that garnered the most discussion related to the notification requirements placed on City Administration in the event a public hearing is held by the Commission. Mr. Johnson stated that the proposed 7-day notice included in the administration's draft was not long enough to give residents adequate notice. After some discussion, the Commission and Administration settled on a 10-day notification requirement. With several other items of clarification discussed, Ms. Garth recommended addition comments be sent to Mr. Martin. Mr. Martin would refine the report and return it to the Commission at their next regular meeting. XII I . Adj ournment: There being no further business, the meeting was adj ourned. 110J � ATTEST: S ecretary

Agenda

City of Athens Planning Commission – Regular Meeting December 20, 2016 Work Session at 5:00 p.m. and Regular Meeting at 5:45 p.m. Location – City Council Chambers, City Hall, 200 Hobbs St. West CALL TO ORDER. 1. MINUTES. a. Regular meeting of November 15, 2016 for approval NEW BUSINESS REZONINGS, ANNEXATIONS, DEANNEXATIONS. 2. Public Hearing. Request of Billy Cannon Jr and Lindsay Lane Baptist Church to rezone a 2.58 acre tract on the southwest corner of the intersection of Lindsay Lane and Summit Lakes Drive from R-2-1 and R-1-3 Residential Districts to B-3 Highway Business District. Said request is made to allow for the construction of a pharmacy anchored commercial development. 3. Resolution. Consider the request of Billy Cannon Jr and Lindsay Lane Baptist Church to rezone a 2.58 acre tract on the southwest corner of the intersection of Lindsay Lane and Summit Lakes Drive from R-2-1 and R-1-3 Residential Districts to B-3 Highway Business District. SUBDIVISIONS 4. Public Hearing. Request of J&J Oil Company, Inc. for Preliminary and Final Plat Approval of Granite Park Addition 1, a minor subdivision (5 lots, no improvements) consisting of 4.1 acres located on Grant Street in a B-3 District. 5. Resolution. Consider the request of J&J Oil Company, Inc. for Preliminary and Final Plat Approval of Granite Park Addition 1, a minor subdivision (5 lots, no improvements) consisting of 4.1 acres located on Grant Street in a B-3 District. 6. Public Hearing. Request of Winter Homes, LLC for Preliminary Plat Approval of Canebrake Village Subdivision, a subdivision consisting of 34 new lots on 10.8 acres located on Canebrake Lane in a P-R Planned Residential District. 7. Resolution. Consider the request of Winter Homes, LLC for Preliminary Plat Approval of Canebrake Village Subdivision, a subdivision consisting of 34 new lots on 10.8 acres located on Canebrake Lane in a P-R Planned Residential District. CONDITIONAL USES NONE SITE PLANS. 8. Resolution. Consider the request of Mike Grishom for Sign Site Plan Approval of a modified billboard, to be constructed on US Hwy 72 East between the Taco Bell and Russell Stover businesses. The applicant is asking for a conversion of both sides to digital displays, a change in the design of the sign, and an increase in height. The property is zoned B-2 General Business. ZONING ORDINANCE. 9. Resolution. Approve a report to the City Council regarding the proposed Zoning Ordinance. CITY OF ATHENS PLANNING COMMISSION Public Hearing Procedure  During the course of a Planning Commission Meeting whenever an application that requires a public hearing (zoning, re-zoning, conditional use, certain subdivisions of property, etc. . . .) appears on the Commission’s agenda, the Chair will declare the same and introduce the application to the Commission and citizens who are in attendance.  The Chair will proceed through each scheduled public hearing as follows: o Staff will provide an explanation of the case and a recommendation. o Applicant will be given an opportunity to address the commission and should limit their comments to less than ten (10) minutes. o When a public hearing is slated, the Chair will open the hearing for public input. o Members of the public, having been recognized, will be allowed three (3) minutes each to address the Commission (unless the Chairman specifies otherwise). NOTE: Large groups may wish to, but are not required to, appoint a spokesperson for the group, in which case the Chair may grant the spokesperson additional time to speak.  Generally, those desiring to speak “for” the request will be allowed to speak first, followed by those desiring to speak “against” the request.  Persons wishing to speak should raise their hand to be recognized by the Chairman. Once recognized, please stand and state your name and address.  Comments should be concise and limited to issues related to the request. o When the Chairman believes that the Commission has received sufficient citizen input to make a determination on the application, the public hearing will be closed and the applicant and/or the Staff will be given an opportunity to address any issues brought out during public comment. o Chairman will then allow Commission members to make comments or ask questions of anyone present to clarify issues or provide additional information. o The Chairman will call for a motion and a second on the motion. Commission members may speak to the motion, any amendments, or points of parliamentary procedure. o If a motion is forthcoming, a voice vote will be taken. If the decision is not unanimous, then the Chairman will direct a roll call vote. o If a motion is NOT forthcoming, the request will be considered “Denied” for lack of a motion. PLEASE NOTE: The above-procedure is provided to serve as a guideline for the conduct of public hearings. The chairman is not limited and/or constrained by this procedure and, under certain circumstances, may deem it necessary to deviate from this guideline.

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