Planning Commission
Regular MeetingAthens, AL · December 19, 2017
Minutes
Athens Planning Commission 2017 December 19 Page I \�'2.
I. Call to Order:
The Planning Commission of the City of Athens, Alabama was called to order by Gina Garth,
Chairman, at 5:45 p.m. on December 19, 2017.
II. Roll Call.
Members p;resent: Members absent:
Gina Garth, Chairman Jerold Blaxton
Rick Johnson, Vice Chairman
Chief Bryan Thornton
Rod Huffman
Venard Hendrix
Robert Malone
Councilman Harold Wales
Mayor Ronnie Marks
Also present:
James Rich, City of Athens Director of Public Works.
Erin Tidwell, Planning Commission Secretary
APPROVAL OF MINUTES :
III. Resolution: The Chairman called for a motion to accept the proposed minutes from
the October 17, 2017 meeting as presented.
Mr. Malone 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 November 21,
2017 meeting.
Mr. Johnson seconded the motion and the vote was unanimous of the voting members
present.
OLD B USINESS
NEW BUSINESS
Subdivisions
IV. Public Hearing Request of Mike Underwood for Approval of a Replat of "Lot 2 of Trigreen
Equipment Subdivision", consisting of the division of a single lot sized +/- 4.05 acres into
three lots sized 2.03 acres, 0.98 acres and 1 .04 acres located to the north side of Trigreen
Drive in a B-2 General Business District.
Mr. Rich explained that the subdivision would create three lots from an existing single lot to
the north side of Trigreen drive. Staff saw no issues with this application and the Subdivision
met all City requirements.
Steve Peck, of 22194 Etowah Trail, Athens, Alabama was present to represent Mr. Mike
Athens Planning Commission 2017 December 19 Page i l63
Underwood. He had no further comments to make in regard to the subdivision.
No one else from the public spoke for or against the item, therefore the public hearing was
closed.
V. Resolution Mr. Huffman 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 Mike Underwood for Approval of a Replat of "Lot 2 of
Trigreen Equipment Subdivision", consisting of the division of a single lot sized +/- 4.05
acres into three lots sized 2.03 acres, 0.98 acres and 1.04 acres located to the north side
of Trigreen Drive in a B-2 General Business District.
Mayor Marks seconded the motion, and the motion passed unanimously.
VI. Public Hearing Request of Archie and Pearlene Gilbert for "Gilbert Subdivision", a
subdivision of +I- 1.00 Acre from an existing parcel of land located at 108 Hickory Street
East in an R-1-3 High Density Single Family Residential District.
Mr. Rich stated that Mr. Gilbert wished to subdivide his property to create a new parcel
which he believed would allow his son to build a home on the lot, but imagery depicts a
residence already on the property. Mr. Rich stated that there were questions about whether
the new lot would meet City Requirements or if a consolidation was needed.
Mrs. Garth inquired as to whether the applicant or other representative for the request was
present. No one came forward.
Mr. Wales questioned whether or not the new lot would have street access, to which no clear
answer could be provided.
Mr. Johnson stated that since there appears to be no request to consolidate with the existing
property, a decision should be postponed until Staff could speak with the applicant.
Mayor Marks inquired about which questions would need to be answered at the next
meeting if postponed. Mr. Johnson answered that further information should be provided to
determine if there is a house currently situated on the lot as it exists today, and whether
there should be a consolidation following the subdivision.
No one spoke for or against the request and the public hearing was closed.
VII. Resolution Due to the questions which arose and lack of a representative to
provide further information, 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 postpone a decision for the request of Archie and Pearlene Gilbert for
"Gilbert Subdivision", a subdivision of +/- 1.00 Acre from an existing parcel of land
located at 108 Hickory Street East in an R-1-3 High Density Single Family
Residential District until the January meeting.
Mr. Wales seconded the motion and the vote was unanimous of the voting members present.
Athens Planning Commission 2017 December 19 Page l \54
VIII. Resoluti o n Consider the request of Bill Turner for approval of Turner
Properties Certificate to Consolidate, combining Tract 1 and Tract 2 to create a single
tract of land with an area equal to +/- 2-47 acres located at 389 and 385 West
Sanderfer Road in an M-1 Light Industrial District.
Mr. Rich stated that this consolidation will create a single legal lot so that Mr. Turner
can place storage units on the back of the property. The City sees no issues with the
request.
Mr. Huffman 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 Bill Turner for approval of Turner Properties
Certificate to Consolidate, combining Tract 1 and Tract 2 to create a single tract of
land with an area equal to +/- 2-47 acres located at 389 and 385 West Sanderfer
Road in an M -1 Light Industrial District.
Mr. Malone seconded the motion and the motion passed unanimously.
Site Plan
IX. Resolution: 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 both sides to digital displays and a change in the
design of the sign. The property is zoned B-2 General Business District.
Mr. Rich stated that this site plan had been before the Commission previously in January,
but at the time it included a request to change the height. He stated that at the time, the
Planning Commission approved all the items within the request except for the height
variance, but the resolution was worded so that approval was contingent on the Zoning
Board granting a variance on the height. Since the Zoning Board did not grant the variance,
Mr. Grisham is bringing a modified application back for re-approval of the items the
Planning Commission originally agreed upon. These are the conversion of both sides to
digital and change in the design of the sign to have a "v" shaped billboard.
Mr. Wales questioned whether it would have to go back to the Zoning Board to which Mr.
Rich explained that it would not since there is no request to change the height.
Mr. Johnson questioned whether or not the sign would have to conform completely with the
Zoning Ordinance if any alterations were made. Mr. Grisham commented that it would need
to stay the current height of 45 feet.
Mr. Rich stated that since billboards are no longer allowed within the City Limits, there are
no requirements for this type of sign in the Zoning Ordinance. Maintenance is allowed as
long as the sign is not taken all the way down.
Mr. Huffman made the statement that anything approved in January was not done so
unanimously. Mr. Huffman stated that he believes that an electronic billboard at this
location would pose a distraction to drivers coming towards the red light located in front of
the board and pose a safety hazard. If he were to have to choose a side on which to install the
LED panel, it would be the east side of the sign since it would pose less of a distraction to
drivers in his opinion. Mr. Huffman believes, however, that the power lines will be a
visibility impediment to the sign from the east side
Athens Planning Commission 2017 December 19 Page I\W5
With no further comments, Mayor Marks made 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 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, for a conversion of both sides to digital displays and a
change in the design of the sign. The property is zoned B-2 General Business
District."
The resolution passed with a vote of 5-2 with Mr. Huffman and Mr. Hendrix opposed.
Rezonings, Annexations, Deannexations
X. Public Hearing: Request of Nathan and Stephanie Metzger for Approval of a rezoning of
+/- 20 acres from an R-1-1 Single Family Residential District to an EST Estate District,
located at 23154 Nick Davis Road.
Mr. Rich stated that the property meets all requirements for an Estate District. He pointed
out that although the property does not directly touch an Estate District, the property is
bordered by the County to the east which is between the Metzger's property and an Estate
District. The applicants wish to place a hobby farm on their property which is why they
requested the rezoning. They were made aware of all setbacks related to hobby farms and
have shown that they can comply with the setbacks.
Mr. Wales asked if the adjoining residents were made aware of the rezoning request. Mr.
Rich stated that they were made aware through the placement of signs on the Metzger's
property as well as the public notice which was posted in the paper.
Gina asked whether the Metzger's or their representative was present.
Nathan Metzger, 23154 Nick Davis Road, was present. He stated that he had nothing else to
add to Mr. Rich's statements.
No one else spoke for or against the request, therefore the public hearing was closed.
XI. Resol ution: With no further comments, Mayor Marks made the following resolution and
moved for its adoption:
"BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF ATHENS,
ALABAMA to recommend approval to the City Council the request of Nathan and
Stephanie Metzger for Approval of a rezoning of +/- 20 acres from an R-1-1 Single
Family Residential District to an EST Estate District, located at 23154 Nick Davis Road.
Mr. Wales seconded the motion and the vote was unanimous of the members present.
Master Development Plan
XII. Resolution Request of Hamlin Homes for Approval of a limited Amendment of
the Master Development Plan of the Meres Subdivision.
Mr. Rich explained that the property is already zoned C-PUD, the Master
Athens Planning Commission 2017 December 19 Page I �W
Development Plan is just to determine what can be built on the property. The Master
Development Plan for the Meres had been on the October Agenda, but due to
residents of the Meres having issues with some of the proposed uses, the applicant
wished to withdraw the plan until the concerns could be addressed. Mr. Rich stated
that Mr. Hamlin addressed his residents' concerns and as presented, the Master
Development Plan meets all City Ordinances and requirements and Staff sees no
issue with the Commission adopting the limited amendments.
Mrs. Garth asked if anyone present was representing the applicant and Mr. Barry Dunivant
of Dunivant Engineering, 112 Cloverleaf Drive Athens, came forward. He stated he had no
more comments to add.
With no further comments, Mayor Marks made 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 Hamlin Homes for Approval of a limited Amendment
of the Master Development Plan of the Meres Subdivision."
Mr. Wales seconded the motion and the vote was unanimous of the members present
XIII. Resolution Request of Canebrake Club LLC for Approval of a Master
Development Plan for the Links at Canebrake located to the south of Canebrake
Subdivision and east of Lindsay Lane South in a C-PUD Conventional Planned Unit
Development District.
Mr. Rich stated that the current zoning of the property is C-PUD, Conventional
Planned Unit Development. Since there is not a request to change the current zoning
of the property from C-PUD, then a public hearing is not required according to the
Zoning Ordinance. The existing Master Plan for Canebrake is adopted through
Revision Eight. The most recent adopted Master Plan for Canebrake shows a total of
about 650 lots. At the time of the adoption, Staff asked to see how a second entrance
would be provided to service all the lots once the subdivision was fully built out. Staff
looked at this as a major amendment to the existing Master Development Plan.
Planning Commission will examine findings and give a recommendation to the City
Council on whether or not to adopt the final plan. The City Council has the final
power on adopting the plan. According to the Zoning Ordinance, the Master
Development Plan must show permitted uses. The uses within this plan show single
family detached houses. This is about 2 lots per acre with a total of 290 lots. A traffic
study provided with the Master Development Plan states that the proposed
development will need a new entrance located to the south of the property on
Lindsay Lane. It should include two lanes and two turn lanes. One turn lane should
be located off of Lindsay Lane and one exiting the proposed development.
Mr. Rich asked Erin Tidwell to read the first two paragraphs of the Athens
Subdivision Regulations, Article s.B.I. It reads as follows:
1) Sb·eet Layout. The street layout of a subdivision shall provide for the
continuation and connection of streets between adjacent properties
whenever such continuation and connection is necessary for the
convenient movement and circulation of traffic, effective police and fire
protection, access by public service vehicles, and efficient provision of
utilities; and in accordance with the policies of the Comprehensive Plan of
future adopted guidelines which shall address access management or
Athens Planning Commission 2017 December 19 Page l 'liS1
traffic management policies.
Existing streets that abut a subdivision shall be continued, and the
continuation shall be at least as wide as the existing streets unless a
reduction in width is approved by the Planning Commission. The
subdivision street layout shall also provide stub-outs for the future
continuation into unsubdivided lands adjoining a sufficient number of
streets to meet the purposes stated above.
Mr. Rich stated that the traffic study showed there would be no significant impact
on the existing Canebrake Subdivision.
Mr. Rich went on to explain that the Subdivision Regulations, Zoning Ordinance,
and International Fire Code, which were all adopted by the City Council, call for
connectivity between Subdivisions.
Mr. Wales stated that connecting a subdivision containing $1 million dollar
homes with a subdivision composed of $2oo,ooo homes does not seem like it's in
the best interest of the existing development. He went on to say that he has heard
from a lot of residents of Canebrake and they are not in favor of the connection.
Mr. Wales does not have an issue with the new subdivision itself going in, he has
a problem with connecting the streets. If an F-s tornado were to come through
the City, Mr. Wales believes there will be worse issues to deal with other than
Canebrake only having one entrance and exit. Mr. Wales called on his fellow
Commission members to think on this when making a decision. He asked that the
existing six connections be lowered to two connections.
Mr. Huffman called on the Chair, Mrs. Garth, with a question of clarification. He
asked whether or not there were only four stubs. Mr. Rich stated that there are
four existing stubs in Canebrake. The new Master Development Plan calls for
connections at all four stubs and proposes two new stubs to the south of the
property adjoining vacant land for a total of six new connections. The new Zoning
Ordinance calls for stub streets every 1500 feet.
Mr. Huffman stated that it has been City policy for years to enable access to first
responders.
Just for clarification, Mayor Marks asked whether or not there were any zoning
issues with the new Master Development Plan. Mr. Rich responded that there are
no zoning issues. The zoning signs placed on the property were just to let the
residents of Canebrake know that there was activity on the property.
Mr. Wales shared that one of his biggest concerns is that if the streets are opened
between the subdivisions, property assessors will take $2oo,ooo houses into
account when determining the value of the current residents' homes. He believes
that the connection between subdivisions will ultimately lower the assessed value
of the Canebrake homes. Mr. Wales made the statement, "This will not be part of
Canebrake, so why can't this be a standalone community?"
Mr. Rich stated that according to the Zoning Ordinance, Subdivision Regulations,
and Fire Codes, connectivity is required. He stated it will be up to the Planning
Commission to determine if they wish to follow the ordinances the City has
adopted.
Athens Planning Commission 2017 December 19 Page l \e5
Mrs. Garth stated that two contiguous subdivisions anywhere else in the city
would be required to be connected. She followed her statement by asking whether
the applicant was present.
Mr. Carl Hunt, 15774 Line Road, stated that he is one of the individuals that
comprise Canebrake, LLC. which made the request. He went on to say that they
are wishing to sell the property to D.R. Horton to develop.
Ron Roberts of D.R. Horton came forward to speak. He stated that D.R. Horton is
the largest homebuilder in Alabama. The proposed houses will be priced between
$200,000 and $400,000 and will be between 1900 and 2000 square feet. They
will be styled similarly to the houses in Canebrake in terms of architecture. He
stated that Morell Engineering has been working with the City to meet the City's
requirements for Master Development plans. He explained that the name "The
Links at Canebrake" was chosen since Canebrake is a geographic reference point
for most people. He gave Hampton Cove in Huntsville as a similar subdivision
that is used as a reference point. He let it be known that the project will have its
own amenities apart from Canebrake and will be marketed as a separate
community with an independent Home Owners Association. Mr. Roberts said
that there will be no promises to the residents for use of Canebrake's facilities if
properties are adjoined.
Mrs. Garth questioned Mr. Roberts about whether Section 2.5.2. C.2.d of the
Zoning Ordinance has been taken into account which states, "Scenic assets and
natural features, such as trees, streams, and topographic features, shall be
protected and preserved to the extent possible."
Mr. Roberts stated that they have avoided development of all blue line streams
and have protected other natural features in accordance with this section.
Mrs. Garth stated that the Commission was also concerned with amount of
impervious surfaces. She said the plan shows that the maximum amount of
impervious surface is 8o%. Mr. Roberts stated that that seemed like a high
amount, but he was willing to work with the City and lower the percentage.
Mayor Marks questioned whether there is a way to gate the access points between
the two developments with a key entry to allow access to first responders and
public services. Mr. Rich responded that state law prohibits gates on public
roadways.
Mr. Huffman said that the issue of gates on public roadways had been raised
previously, but were passed because gates interfered with first responders and
the postal service.
Mr. Rich followed these remarks by explaining the State Law indicates that if
gated, roads must be maintained by an HOA or developer. He added that the City
Attorney could provide clarification if needed.
Chief Thornton added that access roads must be constucted of asphalt, concrete
or some other material that will withstand 75,000 pounds.
Mr. Malone questioned how far back the connectivity issue goes. Mr. Rich
explained it goes back to at least 2006 when the City required Canebrake to show
future connectivity on Revision Eight of the Canebrake Master Development
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Plan. He added that the last Zoning Ordinance required connectivity as well.
Mr. Hendrix made the statement that to his knowledge, Canebrake has always
been built to only have one entrance. In his opinion, since the builders did not
connect to Indian Trace in the first stages, then connectivity was not desired. This
current condition of Canebrake is what the residents of Canebrake bought into.
Mr. Hendrix questioned when the City passed ordinances that forced subdivision
connectivity? He believes the residents of Canebrake are under the impression
that Canebrake will not connect to any other subdivision. The developers had the
option to connect in the beginning, but chose not to. Mr. Hendrix stated he has
been on the Commission for 28 or so years. Connectivity was not what was voted
on originally and is not what is wanted now.
Mr. Rich responded that any Master Development Plan must comply with the
adopted ordinances at the time the plan is developed.
Gina Garth stated that due to public interest, she was opening a public comment
session.
Wayne Wolfe, 232143 Founders Circle, spoke. He stated he was a practicing
attorney from Huntsville. Mr. Wolfe let it be known that he chose to locate his
residence in Athens as opposed to Huntsville or Madison solely because of
Canebrake. In Mr. Wolfe's opinion, Madison is a mess now partly due to D.R.
Horton building homes with lower values next to existing homes with higher
appraised values. He added that he believes the Zoning Ordinance suggests
connectivity but does not demand it.
Chuck Browning, 23120 Piney Creek Drive, spoke against the development. He
said he believes the stub streets within Canebrake were placed there to further
develop Canebrake, not a separate development. He stated that the Zoning
Ordinance uses the word "shall" and not "will" when discussing connectivity. He
stated that residents of Canebrake pay upwards of $ noo a year for HOA fees.
They are paying for a gated community with no connections to any other
development. Mr. Browning believes that the common area at the Links at
Canebrake will be close enough to Canebrake's golf course to be distracting. In
his opinion it is not right to have houses along Baltusrol Lane worth $400,000 or
$soo,ooo next to houses wmth $ 2oo,ooo. He would like to also see a 30 foot
buffer zone between the developments. He also believes the name "Links at
Canebrake" is a fraudulent name since the location of the development has
nothing to do with the dictionary definition of "links".
Kenny Winter, 23362 Founders Circle, spoke against the connection to
Canebrake. He stated that he has been a partner in the Canebrake LLC for the last
ten years buying, building, and selling homes. He looked up statistics online, and
said that only three homes over $300,000 and 2 over $250,000 have sold in
Athens in 2017. Mr. Winters was concerned that the comparisons between
housing products would be around $ 88 a square foot versus $ 130 a square foot.
He stated that the only issue residents of Canebrake have with the new
development is its connection to Canebrake. If it were apples to apples, residents
would not have an issue with the development. The stub streets were placed for
future Canebrake development, not a new development. Mr. Winters also
believes that appraisers would take the less expensive housing into consideration
when appraising existing houses, causing the houses currently in Canebrake to
lose appraisal value. Mr. Winters also stated that some people may believe he
Athens Planning Commission 2017 December 19 Page 1 �0
does not want competition in Athens, since he is a homebuilder in Athens. He
stated he is glad there are other builders in the City, but he stated this
development being connected to Canebrake is not good for the residents. Mr.
Winters said he knows the Fire Chief is worried about access for first responders
to Canebrake in case of emergencies. He believes a street named Woodland Drive
located to the back of Piney Creek would be a more acceptable road to make a
second entrance to Canebrake.
Bradley Waits, 23749 Piney Creek Drive, spoke. Mr. Waits believes that both
sides will need to make concessions but there has to be a win/win solution for
everyone. He said he welcomes the development, but is concerned with it
affecting his housing price. He wishes to revisit the Mayor's comments about
creating a gated entrance for emergency personnel only and then possibly adding
a sign such as can be seen on the interstate which says "Emergency Vehicles
Only."
Louise Prystaloski, 23349 Hazeltine Drive, stated she was concerned about the
placement of an elementary school within the new development. She stated that
other schools in the City are located off of a main road, not in residential areas.
She believes the turn lane would not support the traffic with school buses and
additional school traffic on top of the residential traffic.
Dan Bryson, 23455 Founders Circle, stated that he and his wife never would have
moved to Athens if he knew there was a possibility of a new development
connecting to Canebrake. He stated that he and his wife are on Medicare and
depend on the gated community for safety. He believes that as soon as this
Master Development Plan is approved, property values will go down and the new
development will also allow for possible danger. He is concerned about the safety
of kids within the neighborhood. He stated that he was a volunteer firefighter in
the past. He understands the concern for first responders, but believes there are
other options. He also wished to challenge the City about Canebrake having
public roads. He stated that it is not a public road until declared.
Mrs. Garth, wishing to summarize the points made, stated that as she
understands so far, residents are concerned about the connection of the
subdivision in general, about the proposed new development affecting property
values, and about the safety of residents if the new development is connected to
Canebrake.
George Carter, 22777 Winged Foot Lane, stated that his home appraised recently
for $725,000. He did not wish to state that to brag, but to show a comparison to
what is being proposed. He knows that these types of communities are needed in
order to compete with Madison. He is only opposed to the connection, not to the
development itself. He also has an issue with the new development including the
name Canebrake within its title. Using the name Canebrake in the new
developments title is only valuable to the developers and not the future residents.
He believes Muirfield and Wingfoot will have traffic issues as well if connected
due to people using the new connections to access the club.
Jeremiah Harris, 23895 Shinecock Drive, stated that he moved from Watercress
subdivision because of its connection to West Gate Subdivision. He stated that
roads that allow communities to connect to each other allow for high speed areas.
His biggest concern is the safety of children in Canebrake that play and ride their
bikes in the road.
Athens Planning Commission 2 0 17 December 19 Page I I�\
Doyle Wootten, 22746 Winged Foot Lane, began by saying he came to Athens as
part of the BRAC at Redstone Arsenal. He and his wife looked for housing for two
months before deciding on Canebrake in Athens. He relocated from Fort Rucker
where connected subdivisions were mayhem. He compared it to Forrest Lake
Subdivision near Gate 7 at Redstone Arsenal in Huntsville where it takes an hour
to navigate through traffic to access the Arsenal. He stated that one of the things
that brought them to Canebrake was the quiet community with thought out
covenants. He believes if they start adjoining to lower-income areas, it will
impact the rest of Canebrake.
Harold Myers, 23762 Piney Creek Drive, believes this could probably be fixed if
the cul-de-sac shown on the plan could provide a second entrance and plan to
add a second entrance to Canebrake if the development expands in the future.
James Otten, 22905 Winged Foot Lane, believes at this point it is very clear how
the people of Canebrake feel. He just wanted to bring up that there are currently
5 subdivisions on Lindsay Lane, with 11 feet of easement on one side of Lindsay
Lane and 4 on the other. There are 3.5 accidents per year on the road according
to statistics found online. He believes there is ample room to add a turn lane to
help prevent accidents and plan for future growth.
Greg Jinks, 14410 Muirfield Drive, stated that he has lived for ten years on
Winged Foot before moving to Muirfield where he now resides. He said that
residential traffic is tremendous already and he worries for the children who play
in the streets if more traffic is added.
Brenda Selby, 23622 Piney Creek, was the last resident to make a comment. She
is not objectionable to growth in Athens and is happy that a new development
wishes to locate in Athens. She is happy to live in a quiet development with
woods in the backyard that meets the checklist she and her husband had for their
dream home. She does not wish to see their neighborhood connect to a
development with incomparable homes.
Mrs. Garth commented that she loves the community input. She loves to see
development and growth taking place within the city and hearing why residents
chose to live in Athens.
Mr. Roberts, with DR Horton, spoke to thank those who came out to comment
and wanted to let everyone know D .R. Horton is willing to work with the City to
address the issues that were raised.
Mr. Hendrix asked Mr. Roberts if he would be willing to table the item until
issues can be worked out. Mr. Roberts stated that he would rather move forward
with the project while still addressing concerns. Mr. Johnson commented that he
would prefer to approve what is drawn before recommending to the City Council.
Mr. Johnson pointed out that within the C-PUD zone, lot sizes shall be
determined by the development plan. He does not believe this should override
the Zoning Ordinance though. In his opinion, the Links at Canebrake's Master
Development Plan shows setbacks that do not align with the Zoning Ordinance.
He would like to get a legal opinion on that though. Also, he does not see
buffering being required between different uses. He believes further clarification
of the Zoning Ordinance is needed.
Athens Planning Commission 2017 December 19 Page I \ ��
Mr. Rich made the point that the Planning Commission can, if it so chooses,
make recommendations to the City Council with conditions. Mr. Johnson
responded that based on questions that need to be answered as well as the
feedback received from the residents of Canebrake and the developer, he is not
prepared to make a recommendation at this time.
With no further comments, Mr. Johnson made the following resolution and moved for its
adoption:
"BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF ATHENS,
ALABAMA to postpone until January the Request of Canebrake Club LLC for Approval
of a Master Development Plan for the Links at Canebrake located to the south of
Canebrake Subdivision and east of Lindsay Lane South in a C-PUD Conventional
Planned Unit Development District."
Mr. Hendrix seconded the motion and the vote was unanimous of the members present
After the Vote, Mayor Marks asked whether there is any specific recommendations for them
to resolve before returning in January. Mr. Johnson stated that zoning, setbacks, and
buffering are what needs to be addressed before a recommendation can be made to the City
Council.
Mr. Huffman pointed out that recommendations to the City Council are simply
recommendations. He prepared a list of five items that should be investigated while listening
to the comments that were made:
1. Check on whether the setbacks can differ from what is in the Zoning
Ordinance.
2. Re-do Phase 4 to allow for a second entrance to the new development.
3· Consider imposing buffer limits where the two developments meet.
4. The City needs to consider improvements to Lindsay lane to support increased
traffic stemming from this development, including the possible addition of a
school.
s. Consider relocation of future school area.
Mr. Wales stated that he agrees with Mr. Johnson and Mr. Huffman and that he does
not want to approve anything that will disrupt the community.
Chief Thornton concluded the discussion with the following remark:
"My job is concerned with the health and safety of the subdivisions. If this does
become a standalone subdivision, then we need to pursue a second entrance to
Canebrake. The International Fire Code states that a second entrance is needed
after 30 houses are built and Canebrake currently has one entrance with about
470 houses. My job is to think of and prepare for what has not yet happened."
Annual Business
XIV. Resolution Mayor Marks made the following resolution and moved for its adoption:
"BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF ATHENS,
ALABAMA to approve the 2018 Planning Commission Calendar as presented.
Athens Planning Commission 2017 December 19 Page I tq�
Mr. Malone seconded the motion and the vote was unanimous of the members present.
XV. Adjourn There being no further business, the meeting was adjourned.
Ch i pe n =(��
Agenda
City of Athens Planning Commission – Regular Meeting
December 19, 2017
Agenda Revised: 12/19/2017
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.
I. MINUTES.
a. Regular meeting of November 21, 2017 for approval
OLD BUSINESS None
NEW BUSINESS
SUBDIVISIONS
III. Public Hearing Request of Mike Underwood for Approval of a Replat of "Lot 2 of Trigreen
Equipment Subdivision", consisting of the division of a single lot sized +/- 4.05 acres into three lots
sized 2.03 acres, 0.98 acres and 1.04 acres located to the north side of Trigreen Drive in a B-2
General Business District.
IV. Resolution Consider the request of Mike Underwood for Approval of a Replat of "Lot 2 of
Trigreen Equipment Subdivision", consisting of the division of a single lot sized +/- 4.05 acres into
three lots sized 2.03 acres, 0.98 acres and 1.04 acres located to the north side of Trigreen Drive in a
B-2 General Business District.
V. Public Hearing Request of Archie and Pearlene Gilbert for “Gilbert Subdivision”, a subdivision of
+/- 1.00 Acre from an existing parcel of land located at 108 Hickory Street East in an R-1-3 High
Density Single Family Residential District.
VI. Resolution Consider the request of Archie and Pearlene Gilbert for “Gilbert Subdivision”, a
subdivision of +/- 1.00 Acre from an existing parcel of land located at 108 Hickory Street East in an
R-1-3 High Density Single Family Residential District.
VII. Resolution Consider the request of Bill Turner for approval of Turner Properties Certificate to
Consolidate, combining Tract 1 and Tract 2 to create a single tract of land with an area equal to +/-
2.47 acres located at 389 and 385 West Sanderfer Road in an M-1 Light Industrial District.
SITE PLANS
VIII. Resolution 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 both sides to digital displays and a change in the design of
the sign. The property is zoned B-2 General Business District.
REZONINGS, ANNEXATIONS, DEANNEXATIONS
IX. Public Hearing Request of Nathan and Stephanie Metzger for Approval of a rezoning of +/- 20
acres from an R-1-1 Single Family Residential District to an EST Estate District, located at 23154
Nick Davis Road.
X. Resolution Consider the request of Nathan and Stephanie Metzger for Approval of a rezoning of
+/- 20 acres from an R-1-1 Single Family Residential District to an EST Estate District, located at
23154 Nick Davis Road.
MASTER DEVELOPMENT PLAN
XI. Resolution Request of Hamlin Homes for Approval of a limited Amendment of the Master
Development Plan of the Meres Subdivision.
XII. Resolution Request of Canebrake Club LLC for Approval of a Master Development Plan for the
Links at Canebrake located to the south of Canebrake Subdivision and east of Lindsay Lane South
in a C-PUD Conventional Planned Unit Development District.
CONDITIONAL USES None
ANNUAL BUSINESS
XIII. Approval of 2018 Calendar
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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