Planning Commission

Athens Planning Commission 2018 July 17 Page J 236 CPUD, but is given to help determine compatibility. This plan meets the requirements laid out in the ordinance. Mrs. Garth questioned Mr. Cochran on whether there are any quantitative requirements for an R-2 District? Mr. Cochran explained that Table 5-1 in the Zoning Ordinance gives setbacks and requirements. Mrs. Garth asked at what point it will be determined that these quantitative requirements are met, to which Mr. Cochran stated the setbacks were reviewed in the submitted master plan and the plan meets the required setbacks. Mr. Cochran had a couple of other comments as well. In Staffs opinion, the rezoning would decrease intensity and serve as a buffer between business to the north and residential to the south. The Planning Commission' s role is to send a recommendation to the City Council at which time another public hearing will be held prior to the Council making a decision. Mrs. Garth asked that anyone who wished to speak in favor of the development to come forward. Mr. Taz Morell, of Morell Engineering, stated that he was representing Athens Land Company and J&J Development. They are requesting to rezone property to the R-2 Multifamily district. We believe it will be a better transition from a B-2 zone to an R-1-1 district. It was previously an M-1 Light Industrial District until it was rezoned in 2017 to a B- 2 district. They are asking for a less intense use with an R-2 District. The zoning ordinance requires and the developer plans to have an 8 foot buffer between anything developed and the existing neighborhood. The buffer will consist of a solid wall at least 6 feet tall and 6 feet in additional width of evergreens. The buffer will be located between the proposed public road and the neighborhood to the south. Take the front setback of 30 foot road and the buffer, the development can be no closer than 88 feet from building to exiting the rear property line. The Developer is proposing Luxury "Class A" apartments. There currently are not any of these in Athens, but there are similar projects in large cities. Amenities would include security, a gated entrance, and two clubhouses. The Masterplan meets requirements outlined in the Zoning Ordinance. A CPUD is a lot more intense and requires much more information. What is currently before the Commission meets city standards for a Masterplan. Mr. Morell stated that he and his clients would love to send this to City Council tonight. Staff will thoroughly review the site plan, but the Planning Commission will see it again as a subdivision. Mr. Wales asked whether the subdivision of property will require another vote, to which Mr. Morell confirmed that it would require another vote. Mr. Huffman stated that the subdivision of property does not cover the site plan. Mr. Morell explained that it was his understanding that Staff reviews the site plan, but if it is required to come back, they would be more than happy to bring the site plan back. Mayor Marks asked whether the site plan would be shown to the City Council at the time they vote on the rezoning. Mr. Morell explained that the site plan will be a large commitment of time and money which will not be invested unless it is rezoned. Mr. Johnson asked about the mention of subdividing the property.  Athens Planning Commission 2018 July 17 Page J 237 Mr. Morell explained that the west part of the property will remain in the present zone so that part of the tract to the west will remain B-2 and the rest is proposed R-2. Mrs. Garth asked Mr. Morell to review the buffer. Mr. Morell stated that it will be a "Type A" buffer with a solid wall at least 6 foot tall with a 6 foot wide planting of evergreens. Mr. Malone asked whether any of this would encroach on private property, to which Mr. Morell confirmed that it would not encroach on anyone else's property. Mr. Wales questioned whether these would be high end apartments, to which Mr. Morell confirmed. Mr. Wales went on to say that there are no other high end apartments in the city. He addressed Mr. Morell and stated that what people are concerned about is what too often typically comes with apartments. It sounds like individuals will have to have a pretty high income to live in these apartments, to which Mr. Morell stated that he is correct. Mr. Wales questioned that if this is sent to the City Council, if there would have to be another public hearing, to which Mr. Morell confirmed that there would have to be another public hearing. Mayor Marks inquired as to whether the development will be gated. Mr. Morell explained that it will be a secure gated community similar to Canebrake that lets residents feel secure. Mr. Huffman questioned whether there would be a guard or a gate since developments in the past have run into security issues with the Fire Department. Mr. Morell explained that there will be Knox Box entry points and four entrances into the development. Since each phase connects, there will be 5 ways to any one building. Mr. Huffman also asked how far this is from an improved section of Lindsay Lane. Mr. Morell stated that the traffic study will be suggesting which improvements will need to be made. Lindsay Lane is currently 3 lanes and is already improved at this section. It is proposed to be connected to Kelley Drive where there is an existing red light onto US HWY 72. Mr. Morell stated that regarding Mr. Huffman's previous question about detention, there will be four detention ponds. They anticipate the ponds will handle the run-off and there will be no loss of greenspace. If anything, they may lose a unit, but no loss to the greenspace. Mrs. Garth requested that the current permitted uses for the B-2 district be shown, to which Ms. Tidwell projected them via the overhead screen. Mr. Tom Hill, 23368 Piney Creek Drive, came forward to speak on behalf of the project. He stated that his day job is to recruit industry, but also talking with the industry that is already here. He stated that we have a definite need for high end apartments. These industries would like to see these here without having to send their executives to Madison to stay while they visit. He stated that young talent currently lives in Madison and Huntsville. Since they live there now, that ends up being where they buy their houses. Mr. Hill believes we need these for recruiting. Mrs. Garth asked for anyone to come forward who wished to speak against the item. Jeff Bass, 111 Whitfield Drive, stated that he is not necessarily opposed, he just has  Athens Planning Comtnission 2018 July 17 Page 1 238 questions. He explained that he has been a resident of Athens for almost 6o years, and a resident of Whitfield for almost 28 years. Mr. Bass had questions about drainage. He stated that he works with and hires millennials. They love apartments, but need a brewery to go with them. He just needs assurance these will be high security, luxury apartments and not Section 8 apartments. How do we assure this won't happen? He is very interested in how this will look. If it looks as pretty as Mrs. Garth' s house, Mr. Bass will be very happy. He stated that he does not want another project that is supposed to be a beautiful fire station with a nice fac;ade with dead trees and grass on the side that is not ever mowed. Mayor Marks stated that the trees are being replaced. Mr. Bass believes the property elevation is higher and there are old tractors back there. He asked how the luxury apartments will enjoy that view. He stated that a 6 foot wall is great, but 6 foot on an acre lot is nothing. If the new road is not controlled access, then Mr. Bass said he will go that way to Cracker Barrel. He would just like the Commission to consider what everyone can do to make Athens like the town we grew up in. He would like the area to be reminiscent of Fairhope. Mayor Marks stated that they are looking hard at drainage. Brandon Hicks, 114 Whitfield Drive, explained that his house borders a natural drain. He would like to know how the detention ponds are drained. He also stated that there is no way to control access to the proposed City Street. He stated that the Zoning Ordinance requires a traffic study before adopting a master plan. Mr. Hicks does not see this as meeting the requirements of a Master Plan. He stated that he has millennia! kids who have no intention of living in Athens. He believes that if the City were to rezone this property to R-1-1, then the property would fill up. Apartments would allow residents to see into the existing homes. Mr. Hicks stated that he is not opposed to progress, just controlled. Nora England, 110 Crighton Drive, came forward and stated that they already have major sewage and drainage issues. She further expounded that the sewer department comes three times a week to check the drainage. She stated that the drainage is inching up closer and closer to her back fence. She stated that the drainage gets so sift at times it could sweep her two-year-old away. Ms. England believes her property line goes to the interstate, so this is a very big concern to her. She stated that her main concern is sewage. She does not live on the side of Whitfield adjacent to the proposed development, but she is still concerned with how the new development will affect the quality of life in the subdivision. Ms. England explained that if one were used to looking at the stars at night, now they are looking up at a 3 story building. There is no way to change this once it is rezoned to R-2. Mrs. Garth clarified that under the current zoning, a 5 story building can be built. Rezoning the property to R-2 would limit the number of stories to 3. Louise Prystaloski, 23349 Hazeltine Drive, stated that the City has already approved a development south of Canebrake. Now they are adding 480 more units. Ms. Prystaloski is concerned that we will overbuild on Lindsay Lane. She believes the roads should have to support the homes that are being built. She suggested that if there was something the city could do to push this so that the road would be able to meet the needs of the cars that are added to it. Mayor Marks explained that the City Council and whoever is in office will have to deal with Lindsay Lane. It is a two-lane running to Mazda and I-65. There is a million dollar project connecting Toyota to 565. Either you have a revenue stream to do it, or you build and hope the revenue stream follows. Work is done according to whether City Council appropriates  Athens Planning Commission 2018 July 17 Page J 239 funding. This decision is not on the Planning Commission or on the Mayor's Office. Mayor Marks stated that there are huge traffic issues on Lindsay Lane and this is a concern of several groups within Athens. Frances Westrich, 204 Winslow, asked whether there was another large development approved south of Canebrake. Mayor Marks agreed that Lindsay Lane would have to be dealt with. Ms. England stated that more housing will bring more children in elementary and middle school. She would like to know how the school system will accommodate more children. Mrs. Garth explained that tonight, the Commission is only looking at the rezoning request. The Commission will make a recommendation to the City Council. The Council will hold another public hearing at the time they review the request. The City Council public hearing is where concerns regarding schools and streets should be addressed. The Planning Commission has limited jurisdiction. The Commission is only looking at going from a B-2 to R-2. No one else spoke for or against the item; therefore the public hearing was closed. XVIII. Discussion: Mr. Wales stated that he would like to make a comment before any motion is made. He would like to thank Jeff Bass and Brandon Hicks for their comments. He stated that before there is a vote on the City Council, more information will be provided. He believes this is a beautiful neighborhood and he does not want to see anything done to mess it up. He wants this to be something that we can look at and be proud of. Mr. Huffman stated that he is concerned about traffic also. XIX. Resolution: Mr. Blaxton offered the following resolution and moved for its adoption: "BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF ATHENS, ALABAMA, to postpone making a recommendation to the City Council regarding the Request of David Aycock for the Lindsay Lane South Property Development Plan and to rezone +I- 24 acres of property on the west side of Lindsay Lane South immediately north of Whitfield Colony Subdivision from the B-2, General Business District to the R-2 Multiple Family District, until the August Planning Commission meeting." Mrs. Garth asked what questions would need to be answered before making a decision, to which Mr. Blaxton stated he would like more information on traffic as well as other questions that were discussed during the meeting. Mrs. Garth stated that at this time, the Commission is looking at rezoning the property, so she isn't sure who the Commission could require a traffic study from. No member seconded the motion, therefore the motion failed. XX. 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 recommend to the City Council the request of David Aycock for the Lindsay Lane South Property Development Plan and to rezone +I- 24 acres of property on the west side of Lindsay Lane South immediately north of Whitfield Colony Subdivision from the B-2,  Athens Planning Commission 2018 July 17 Page J 240 General Business District to the R-2 Multiple Family District.." Mayor Marks seconded the motion. The vote passed 5 to 3 with Rod Huffman and Rick Johnson voting against the motion and Jerald Blaxton abstaining. XXI. Discussion: Mr. Johnson stated that he voted no due to the complexity of the issues and not having enough time to review, to which Mayor Marks agreed. Mr. Johnson stated that one thing he believes would be helpful is to visit the site. It is the only way to understand the full context. If given nothing but the agenda and request, the only information is what is presented on screen. The Planning Commission members are not as prepared as they could be. Rick Johnson requested that the Planning Commission be given a copy of the presentation with the agenda, to which Mayor Marks agreed should be possible. XXII. Adiom·n There being no further business, the meeting was adjourned.