Planning Commission

Athens Planning Commission 2018 May 22 Page 1 2 1 8 I. Call to Order: The Planning Commission of the City of Athens, Alabama was called to order by Chairperson Gina Garth, at 5:45 p.m. on May 22, 2018. II. Roll Call. Me1nbers present: Members absent: Gina Garth, Chairman Chief Bryan Thornton Rick Johnson, Vice Chairman Mayor Ronnie Marks Jerold Blaxton Rod Huffman Venard Hendrix Councilman Harold Wales Robert Malone Also present: James Rich, Director of Public Works Erin Tidwell, Planning Commission Secretary Micah Cochran, GIS Coordinator APPROVAL OF MINUTES: III. Resolution: The Chairman called for a motion to accept the proposed minutes from the April 17, 2018 meeting. 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 April 17, 2018 meeting." Mr. Hendrix seconded the motion and the vote was unanimous of the voting members present. OLD BUSINESS NEW BUSINESS Subdivisions IV. Publ i c Hearin� Request of Bill Strain for Approval of a Certificate to Subdivide for the Thomas Douglas Strain Estate 0 -45 acres of property from a +I- 2 acre lot located at 2057 Highway 31 South in an EST Estate Residential and Agricultural District. James Rich stated that the strain family is settling a family estate. They are requesting to subdivide -45 acres off of an existing lot and adding to larger tract. It is located in an Estate zone, therefore the minimum lot size for an Estate lot is 3 acres. The lot is currently non­ conforming. This area used to be zoned R-1-1, at which time it conformed to the zoning. Mr. Rich informed the Commission that Mr. Strain is currently seeking a variance for the lot size and the front setback on the shed from the subdivided parcel. Mr. Rich stated that staff sees  Athens Planning Commission 2018 May 22 Page 1 2 1 9 no issues as long as the variances are approved by the Zoning Board. Staff recommends in favor of the subdivision contingent on the Zoning Board's approval. Barry Dunivant, 1308 West Washington Street, was present as a representative of Mr. Strain. No one spoke for or against the request, 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 Bill Strain for Approval of a Certificate to Subdivide for the Thomas Douglas Strain Estate 0.45 acres of property from a +/- 2 acre lot located at 2057 Highway 31 South and a Certificate to Consolidate + /- 102.5 acres of property located in the northeast corner of the intersection of US HWY 31 South and Strain Road West in an EST Estate Residential and Agricultural District contingent on the approval of variances by the Zoning Board of Adjustment." Mayor Marks seconded the motion and the vote was unanimous of the voting members present. VI. Publ ic Hearing: Request of Dan Nash for Approval of a Preliminary Plat for the Boardwalk Subdivision located North of Pryor Street between Dexter and Sussex Drive in a TN-2 Traditional Neighborhood 2 District. Mr. Rich stated that this will be a traditional neighborhood development. He stated that a few changes occurred since the layout was approved. Tract 3 will no longer be an entrance to the development, but will instead be a single family lot. They also added hammerhead turnarounds to the end of the alleys for aesthetic reasons. He stated that a traffic study is currently taking place. The study will determine what improvements will be necessary to the surrounding roads. He stated that the City Engineer will review it once it is received. Councilman Wales asked whether the traffic study will alter anything on the Preliminary Plat, to which Mr. Rich stated that as far as the layout goes, there will be no changes. The property can be subdivided according to state law. The study will tell what improvements need to be made at the intersection of what is currently Sussex and Pryor Street. Mrs. Garth questioned where the stub street is located. Mr. Rich stated that the stub is located to the north of the development leading into undeveloped property. Dan Nash, Concord Land Development, came forward to speak on behalf of the development. He stated that even though the previously approved layout plan showed an entrance on Pryor Street, he had heard concerns from staff and residents about it. He has decided to market what is now shown as "tract 3" as a single family residential property in order to help traffic flow on Pryor Street. He said that the entrance on Sussex is less visible from a marketing standpoint, but between Pilgrim's and the Boardwalk development, he is confident we can make this area a destination. Mr. Huffman stated that the Planning Commission normally requires a second entrance. Mr. Nash stated that the development will connect to the undeveloped land to the north by a stub street. Interconnectivity will be achieved by layout of lots and the stub street to the north.  Athens Planning Commission 2018 May 22 Page 1 220 Mr. Huffman stated that he is in favor of connectivity to Pryor Street. Mr. Rich stated that the way the Zoning Ordinance speaks, it does not require a second entrance, but does require a stub street. He stated that Oaks East and Piney Creek were examples of this. They each have one entrance and their connections to other developments are the second entrance. Mr. Nash stated that due to the proximity to Golden Eagle Drive (previously Dexter St.), traffic will obviously be there during peak hours. Moving the drive to only Sussex Street was the best scenario. Mrs. Garth asked whether there were any opposed to the development. Joseph Regaza, 1118 E. Pryor Street., came forward and stated that he would like more information about the proposed exit onto Pryor Street. He stated that Pryor is already a heavily traveled road. Once the High School opens, traffic will be worse. He stated that he can't back his car out of his driveway as it is. He is concerned the houses on Pryor Street will be converted into an entrance. Mr. Regaza would like to know if this is true. Mr. Rich stated that no, they made the decision that better circulation would be achieved with the entrance and exit on Sussex Drive. "Tract 3" replaced the entrance on Pryor Street. Mr. Regaza asked whether there would be an entrance what was previously called Dexter Street, to which Mr. Rich responded no. Alan Griffin, 1122 East Pryor Street, came forward. He expressed his appreciation for the development removing the entrance onto Pryor Street. He went on to question what Mr. Nash's plans were for the houses currently existing on Tract 3. Mr. Nash stated that he does not have an answer to that currently. He stated that it was only very recently that they decided to sell as a single family tract. He would be interested in moving the houses and selling the lot as a frontage lot on Pryor Street. Mr. Griffin raised concerns of a road being placed on the property at some point, to which Mr. Nash stated that assuming the plan is approved, there are no plans to place an entrance on Tract 3· Mr. Griffin asked what the cost would be for the houses. He stated that he was concerned that the development would be similar to the development across Elkton Street where the homes were priced in the low 10o's. Mr. Griffin stated that if the houses are valued in the 2oo's then he would be fine, but cracker boxes are not what the community wants. Mr. Nash stated that they have developed a new product. They could have done a conventional neighborhood, but they took the city's zoning and created a traditional neighborhood development with unique architecture. Mr. Griffin responded that whether he believes this is a good development or not depends on the product. Mrs. Garth stated that the only thing under consideration tonight is the preliminary plat. Mr. Griffin asked whether they would be notified if there is another meeting to which Mrs. Garth stated no, letters are only sent out to notify of a public hearing. Public hearings are only required once during the subdivision process.  Athens Planning Commission 2018 May 22 Page 1 22 1 Mr. Huffman stated that he is still hung up on the ingress/ egress issue. He understands the reasoning for removing the entrance onto Pryor Street. He questioned whether Mr. Nash had considered extending Eastmoor Drive to what will be Boardwalk Mainstreet? Mr. Nash responded that as they have progressed through the design, they have decided that Tracts 1 and 2 will be set aside as flex tracts. The typical traditional neighborhood has mixed uses. Mr. Nash stated that his preference would be for these tracts to be mixed use development to support the neighborhood. In addition to retail and commercial in the lower levels of buildings placed on these tracts, apartments could be added to the second levels to support the uniqueness of downtown. These tracts are set up to be flexible. If the market for some reason ends up not supporting the mixed use, the tracts are wide enough to come back and add more residential. Mr. Huffman asked if there was any reason they are not adding a second entrance. Mr. Nash replied that he is not familiar with any ordinance in Athens that would require a second entrance. Rule of Thumb in Alabama is a second entrance for every 200 houses. He stated that from a traffic standpoint, the neighborhood is set up well. Drivers may turn left or right upon leaving the development. He stated that they are conceding to the residents on Pryor Street and giving up the second entrance there, even though it is the most visible entrance from a marketing standpoint. Mr. Huffman believes that Mr. Nash answered his questions satisfactorily. He stated that his main concern is access to neighborhood by first responders. He questioned Mr. Rich on his thoughts regarding this. Mr. Rich stated that the entrance is set up on the boulevard so that emergency services would have use of the second lane if one side of traffic was blocked. He stated that the second entrance is not required by the Zoning Ordinance or Subdivision Regulations. Mr. Huffman stated he was satisfied that a lot of thought had gone into this. No one else spoke for or against the request, therefore the Public Hearing was closed. 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 Dan Nash for Approval of a Preliminary Plat for the Boardwalk Subdivision located North of Pryor Street between Dexter and Sussex Drive in a TN-2 Traditional Neighborhood 2 District subject to the submission of a final traffic study reviewed and approved by the City Engineer." Mr. Malone seconded the motion and the vote was unanimous of the voting members present. VIII. Resolution: Consider the request of Jason Freeman for Approval of a Final Plat for Peyton Ridge Subdivision located on the North side of US HWY 72 and East of Piney Creek in a C­ PUD Conventional Planned Unit Development District. Mr. Rich stated that access through Peyton Ridge Drive has been approved. What is shown as Lot # 1 will be a senior living center. The necessary bonds are in place, therefore staff recommends approval.  Athens Planning Commission 2018 May 22 Page J 222 Mayor Marks 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 Jason Freeman for Approval of a Final Plat for Peyton Ridge Subdivision located on the North side of US HWY 72 and East of Piney Creek in a C­ PUD Conventional Planned Unit Development District." Mr. Blaxton seconded the motion Before a vote was taken, Mr. Huffman stated that he believes the resolution should be specific and state approval of "phase # 1 of Peyton Ridge Subdivision". Mayor Marks questioned whether adding the phrase would change anything legally. Barry Dunivant, of Dunivant Engineering, 112 Cloverleaf Drive, responded by saying that this document is referred to as "Final Plat of Peyton Ridge Subdivision" on a lot of stuff. He stated that he does not know what changing the name will do, but the next phase of the development will be named "addition #1". Mr. Huffman stated that he just wants to distinguish that this is not the final plat of all of Peyton Ridge. A vote was taken and the vote was unanimous of the voting members present. IX. Resolution: Consider the request of Nick Hamlin and Sam Gates for Approval of a Final Plat for Linton Estates Subdivision Phase III located at the East end of Lochmere Boulevard in a R-1-1 Low Density Single Family Residential District. Mr. Rich stated that this is the last phase of the Meres Subdivsion even though it is called Linton Estates. There are approximately 20 lots. All the necessary bonds and improvements are in place. Staff recommends approval. 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 Nick Hamlin and Sam Gates for Approval of a Final Plat for Linton Estates Subdivision Phase III located at the East end of Lochmere Boulevard in a R-1-1 Low Density Single Family Residential District." Mr. Wales seconded the motion and the vote was unanimous of the voting members present. X. Public Hearing: Request of D.R. Horton Homes for Approval of a Preliminary Plat for the Links at Canebrake Subdivision located on the east side of Lindsay Lane 2900 feet south of Canebrake Drive in a C-PUD Conventional Planned Unit Development District. Mr. Rich stated that the master plan for this development was brought before the Commission during the Spring. This will be the first of about five phases. Entrance will be part of phase one. Questions arose about what improvements to the common areas would be made, which Mr. Roberts can expand on. Staff sees no issues with the Preliminary Plat and recommends approval. Mr. Ron Roberts, a representative of DR Horton, came forward to speak. He stated that the common area will have a recreation facility. He stated that it will not be built until there are enough people in the neighborhood to use them. He stated that this would probably be  Athens Planning Commission 2018 May 22 Page 1 223 around the end of phase one. Mrs. Garth questioned Mr. Roberts about the number of lots in phase one, to which he responded stating there would be 8s lots. Mr. Wales asked whether everything was on target, to which Mr. Roberts stated that they just need the preliminary plat approved. No one else came forward to speak for or against the request, therefore the public hearing was closed. XI. Resolution: Mr. Malone 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 D.R. Horton Homes for Approval of a Preliminary Plat for the Links at Canebrake Subdivision located on the east side of Lindsay Lane 2900 feet south of Canebrake Drive in a C-PUD Conventional Planned Unit Development District." Mr. Blaxton seconded the motion and the vote was unanimous of the voting members present. XII. Public Hearing;. Request of Canebrake Club, LLC. for Approval of a Preliminary Plat for Canebrake Club at Piney Creek Subdivision located on the East side of Canebrake Development on the East side of Piney Creek Drive in a C-PUD Conventional Planned Unit Development District. Mr. Rich stated that this is part of the Master Plan Revision #9. They will need to verify services. Staff sees no issues with the plan. Sharon Jordan, 2411 Piney Creek Drive, came forward to speak. She stated that she came forward just as a matter of curiosity. She questioned why add one lot, add a large break, then add two lots? She said that she had been told the ground between the lots was not suitable for development. She would like to know in what way the land is not suitable. Taz Morell, with Morell Engineering, answered that he would be glad to discuss this, but not necessarily in the present setting. Margret Quimby, 2420 Piney Creek Dr., stated that when it rains it floods this area of Piney Creek. She is concerned that once it is built up, it may flood into her property next door at lot T-41. Mr. Rich stated that the new lots would have a minimum floor elevation (MFE). If needed, a swell can be added, but not sure what will happen if the elevation goes up. Mr. Morell added that the lots are in a 100 year flood plain determined by FEMA. They will be built one foot above the flood elevation like Ms. Quimby's lot. The lot itself has to be at or above the minimum floor elevation (MFE). As you go north, the elevation increases, if you go south, the elevation decreases. Ms. Quimby's lot is higher since hers is located to the north. No one else spoke for or against the request, therefore the public hearing was closed. XIII. Resolution: Mr. Blaxton offered the following resolution and moved for its adoption: "BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF ATHENS,  Athens Planning Commission 2018 May 22 Page 1 224 ALABAMA, to grant the request of Canebrake Club, LLC. for Approval of a Preliminary Plat for Canebrake Club at Piney Creek Subdivision located on the East side of Canebrake Development on the East side of Piney Creek Drive in a C-PUD Conventional Planned Unit Development District. " Mr. Malone seconded the motion and the vote was unanimous of the voting members present. XIV. Pub l ic H eari ng: Request of Canebrake Club, LLC. for Approval of a Preliminary Plat for Winged Foot at Canebrake Subdivision located on the West end of Winged Foot Drive in a C­ PUD Conventional Planned Unit Development District. Mr. Rich stated that this will be an addition of 4 lots as shown in the Revision #9 of the Canebrake Master Plan. Staff has reviewed the setbacks. There is a 25 foot sewer easement to the east. He stated that Staff sees no issues and is in favor of approval. No one else spoke for or against the request, therefore the public hearing was closed. XV. Resolution: Mr. Malone offered the following resolution and moved for its adoption: "BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CI1Y OF ATHENS, ALABAMA, to grant the request of Canebrake Club, LLC. for Approval of a Preliminary Plat for Winged Foot at Canebrake Subdivision located on the West end of Winged Foot Drive in a C-PUD Conventional Planned Unit Development District." Mr. Blaxton seconded the motion and the vote was unanimous of the voting members present. Rezoning XVI. Public Hearing: Request of David Gregory for approval to rezone a parcel of land located at 121 North Jefferson Street from an HN, Historical Neighborhood District to a DWTN, Downtown District. Mr. Rich explained this is the property on which the Warten House is located. Mr. Gregory wishes to make it a bed and breakfast with a restaurant. To do this, he needs to rezone so it will be classified as a hotel which is allowed in the Downtown District. Staff sees no issues and recommends the request. David Gregory, 121 N. Jefferson Street, came forward to speak with the Commission. Mr. Wales asked whether it was his intent to feed residents, to which Mr. Gregory responded that he wishes to hold off at first. He has the project broken into phases. Phase I will be to add rooms, Phase II will be rooms in the attic, Phase III will be the restaurant. Mrs. Garth asked whether there were differences in the requirements for a kitchen in a bed and breakfast and a hotel, to which Mr. Gregory answered yes. Mr. Wales asked how the restaurant would go into the existing house. Mr. Gregory explained that they will be at about thirty percent occupancy for the first year. After that, they will increase occupancy. They will probably use the second parlor for seating. Only dinner will be served.  Athens Planning Commission 2018 May 22 Page 1 225 Mr. Wales questioned whether the public will be invited in. Mr. Gregory answered that yes, the public will be invited in. There is nothing like this in the area. Mr. Huffman stated that he believes this is a good opportunity for the city. He questioned whether more parking would be required if it expands at some point in the future. Mr. Gregory stated that he owns the bank parking lot right next to the property and they can use on street parking as well. Mr. Wales questioned whether he was aware that he would be required to sprinkle the building, to which Mr. Gregory responded that yes, he was aware. He was just waiting for the approval from the Commission, then he will get his loan. No one else spoke for or against the request, therefore the Public Hearing was closed. XVII. 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 recommend to the City Council the request of David Gregory for approval to rezone a parcel of land located at 121 North Jefferson Street from an HN, Historical Neighborhood District to a DWTN, Downtown District." Mr. Blaxton seconded the motion and the vote was unanimous of the voting members present. Permanent Sign Application XVIII. Resolution Request of Ragsdale Sign Service for approval of a sign reface to include LED lights for a detached sign located at 1514 Elm Street East in a B-2 General Business District. Mr. Rich explained that this case is before the Commission because the existing sign does not meet the existing requirements. They are only requesting a changeout of a panel to an LED panel. Mr. Wales asked about the height of the existing sign. Mr. Rich stated that the height is non-conforming, but the sign is existing. Mr. Blaxton questioned whether the Planning Commission can do this. Mr. Rich stated that the Commission has done this at least twice before. He stated that Staff needs guidance on whether to look at this as maintenance or to not allow it. Mrs. Garth asked whether this would be inspected or not. Mr. Rich stated that yes, a permit will be pulled so it will have to be inspected. 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 approve the request of Ragsdale Sign Service for approval of a sign reface to include LED lights for a detached sign located at 1514 Elm Street East in a B-2 General Business District."  Athens Planning Commission 2018 May 22 Page 1 226 Mr. Marks seconded the motion and the vote was unanimous of the voting members present. Other Business XIX. Discussion : Mrs. Garth stated that they had briefly discussed amendments to the Zoning Ordinance. The Commission does not wish to make changes piecemeal. August would be a good time to make the changes. If anyone has any changes they believe need to be made, then they should get them to Staff to review. XX. Adjourn There being no further business, the meeting was adjourned.