Planning Commission

Athens Planning Commission 2018 October 16 Page 1 252 I. Call to Order: The Planning Commission of the City of Athens, Alabama was called to order by Chairperson Gina Garth, at SAS p.m. on October 16, 2018. II. Roll Call. MemlJers present: Members absent: Gina Garth, Chairman Rick Johnson, Vice Chairman Jerold Blaxton Rod Huffman Mayor Ronnie Marks Councilman Harold Wales Venard Hendrix Mayor Marks Chief Bryan Thornton 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 September 18, 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 September 18, 2018 meeting." Mr. Malone seconded the motion and the vote was unanimous of the voting members present. OLD BUSINESS NEW BUSINESS Subdivisions IV. Public Hearing: Request of Kenny Winter for a Preliminary Plat of Cherry Hills Subdivision, a subdivision of 21 lots on +/- 8.44 acres, located to the south of Piney Creek Drive off of the Plainfield Drive street stub in a CPUD, Conventional Planned Unit Development District. Mr. Rich explained that this is a preliminary plat of a 21 lot subdivision with 20 foot front, 20 foot rear, and 6 foot side setbacks. Staff sees no issues.  Athens Planning Commission 2018 October 16 Page J 253 Steve Selby, 23622 Piney Creek Drive, spoke regarding concerns of flooding. He provided a presentation outlining his concerns (EXHIBIT A). Ms. Garth questioned when the pictures in the slides were taken, to which Mr. Selby responded in December of 2015. Mr. Huffman inquired as to whether the lots will rise up high enough to prohibit flooding. Mr. Rich explained that certain areas are designed to flood. Taz Morell, 711 Hobbs Street East, stated that the lots are not in the floodplain. There were so something lots on the old master plan. Drainage and flooding were taken into consideration and now there are 2 1 lots. All of the golf course is designed to hold water during a storm event. Mr. Morell and Mr. Rich made arrangements to meet with Mr. Selby and Mr. Kenneth Smith, 23636 Piney Creek, to walk through the site and discuss drainage. No one else spoke for or against the item; therefore the public hearing was closed. V. Resolution: 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 Kenny Winter for a Preliminary Plat of Cherry Hills Subdivision, a subdivision of 2 1 lots on +/- 8-44 acres, located to the south of Piney Creek Drive off of the Plainfield Drive street stub in a CPUD, Conventional Planned Unit Development District. Mr. Malone seconded the motion and the vote was unanimous of the voting members present. VI. Public Hearing: Request of Benjamin C. and Mary Kate Anderson for a Final Plat of Hutton Place Subdivision, a subdivision of +/- 3.93 acres into two lots, located at 15450 AL HWY 251 in an R-1-1 Single Family Low Density Residential District. Mr. Rich explained that this is a subdivision followed up by a consolidation of a family property. It is correcting an odd property line. Staff sees no issues with the request. No one else spoke for or against the item; 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 Benjamin C. and Mary Kate Anderson for a Final Plat of Hutton Place Subdivision, a subdivision of +/- 3.93 acres into two lots, located at 15450 AL HWY 251 in an R-1-1 Single Family Low Density Residential District. Councilman Wales seconded the motion and the vote was unanimous of the voting members present. VIII. Resolution: Consider the request of the City of Athens for a Final Plat of Pryor Park Subdivision, a consolidation of +/- 32.8 acres into a single lot, located at the northwest  Athens Planning Commission 2018 October 16 Page 1 254 corner of Pryor Street and Boardwalk Main Street (Sussex Drive) in a TI-Traditional Institutional District. Mr. Rich explained that currently there are several tracts of property that the City wishes to consolidate. 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 grant the request of the City of Athens for a Final Plat of Pryor Park Subdivision, a consolidation of +/- 32.8 acres into a single lot, located at the northwest corner of Pryor Street and Boardwalk Main Street (Sussex Drive) in a TI-Traditional Institutional District." Mr. Johnson seconded the motion and the vote was unanimous of the voting members present. IX. Public Hearing: Request of Nick Hamlin and Sam Gates for a minor revision to the Meres Subdivision Masterplan, located on the east side of Linton Road between AL HWY 251 and Forrest Street, in a C-PUD, Conventional Planned Unit Development. Mr. Rich stated that the revision will match the Masterplan setbacks to the previously re­ platted setbacks. No one else spoke for or against the item; therefore the public hearing was closed. X. 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 Nick Hamlin and Sam Gates for a minor revision to the Meres Subdivision Masterplan, located on the east side of Linton Road between AL HWY 251 and Forrest Street, in a C-PUD, Conventional Planned Unit Development." Mr. Blaxton seconded the motion and the vote was unanimous o f the voting members present. Rezonings XI. Public Hearing: Request of Athens City Board of Education to rezone property on the Southwest corner of Pryor Street and US Highway 3 1 North, from the B-2 General Business District to a TB Traditional Business District. Mr. Rich stated that this parcel touches the Traditional Business Zoning District to the north. This will allow flexibility in setbacks for parking and promotes walkability. The City currently has plans to install sidewalks down Pryor Street to US HWY 31 with a grant. The parcel would meet the requirements of a Traditional District. No one else spoke for or against the item; therefore the public hearing was closed. XII. Resolution: Mr. Hendrix 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 approval of the request of Athens City Board of Education to rezone property on the Southwest corner of Pryor Street and US Highway 31  Athens Planning Commission 2018 October 16 Page 1255 North, from the B-2 General Business District to a TB Traditional Business District." Mr. Malone seconded the motion and the vote was unanimous of the voting members present. XIII. Public Hearing: Request of HBC Family LLC to rezone property on the northeast corner of Jefferson Street and Elm Street at 210 West Elm Street, from the B-1 Neighborhood Business District to a TB Traditional Business District. Mr. Rich stated that Staff has concerns about spot zoning as well as whether the area meets the walkability component of the Traditional District. Ms. Garth stated that when the Ordinance was adopted, the Traditional Districts stopped at Elm Street. This has been the boundary line between conventional zoning and traditional form based zoning. Mr. Wales questioned whether there were any other rezoning requests; to which Mr. Rich responded that there will be a similar request at the November meeting. No one else spoke for or against the item; therefore the public hearing was closed. XIV. Resolution: Mr. Huffman offered the following resolution and moved for its adoption: "BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CI1Y OF ATHENS, ALABAMA, to postpone a decision for the Request of HBC Family LLC to rezone property on the northeast corner of Jefferson Street and Elm Street at 210 West Elm Street; from the B-1 Neighborhood Business District to a TB Traditional Business District. Mayor Marks seconded the motion and the vote was unanimous of the voting members present. XV . Public Hearing: Request of John D. Furline & Teresa Dawn Furline to rezone +/- 19 acres of property on the east side of Lindsay Lane South immediately north of Indian Trace Subdivision from the R-1-1 Single Family Residential District to a C-PUD, Conventional Planned Unit Development District. Mr. Rich explained that this rezoning is for a townhouse product where the units will be for rent. A Type "A" buffer would be required along all sides. Only so% of the buffer would be required on the east and north of the development. The detention would be to the southeast. The development is comprised of groups of 2,3,&4 townhouses. Staff recommended the C­ PUD district because staff did not feel as if the 50 foot setbacks between buildings were appropriate for this type of development. Mr. Huffman stated that he believes all of the proposed housing would be in an R-2 District, although the 50 foot setback seems like a mistake for a wide variety of developments. He is willing to proceed with the understanding that this decision is not precedent setting and the Commission should address the required so foot setback between multi-family buildings. Mr. Spence Searcy, 6oo Cambridge Way, Atlanta, Georgia, came forward to speak as the developer of the property. He presented a PowerPoint. He discussed the demographic they are targeting, older but not ready for traditional retirement homes. Mayor Marks stated that the request would go before the City Council regardless of what the Commission decides, to which Mr. Rich stated that yes, it will go but the site plan will not  Athens Planning Commission 2018 October 16 Page 1256 come back before the Commission. Chief Thornton questioned whether there would be any other entrance. Mr. Searcy stated that there are no plans for a second entrance. Mr. Huffman commented that Indian Trace is a subpar road and if tied in, it would need to be improved. Mr. Jimmy Bryan, a local builder, came forward to speak on behalf of the applicant. He is partnering with Mr. Searcy to build the development. He stated that he has spoken with local businesses and assessed why people are not coming to Athens. The major factor is that there are no high end rental properties. He believes this type of development will protect the tax base. It's an important project for Athens. It is infill development and great for the community. Mayor Marks stated that people are very concerned with traffic. The City Council must put together an engineered plan to address Lindsay Lane with money tied to it. Cindy Hopkins, 22193 Mentowah Trail, expressed concerns about drainage running through Indian Trace subdivision as well as concerns about traffic. Mr. Morell stated that the drainage meets the City of Athens requirements and there should not be any more water going through Indian Trace than what is currently there. Charles Alby, 2248 Indian Trace, questioned where the current pond is located near the property in question. Mr. Morell showed Mr. Alby the location of the pond. Ms. Garth raised questions about Mr. Huffman's statement about precedence. Mayor Marks stated that there is a proper way to make legislative change and that is to put it before the City Council in writing in order to adopt if it is in the City's best interest. No one else spoke for or against the item; therefore the public hearing was closed. Mr. Huffman asked the chairman to allow him to make a motion with regard to the application, which he said would be favorable to the applicant; however, he wanted to preface his resolution with a comment. He said that in his opinion the application should have been brought forward as an R-2 development, but he understood why it had not been. He said he was concerned that by recommending this development as a C-PUD that it might be taken as a precedent for other such developments and this was not his intent. He also asked that each member consider that this not be a motion of precedence regarding this type development. The chairman said that Mr. Huffman should know that whatever the Commission did could not be binding on some future Commission. Mr. Huffman said that there was no intent to bind anyone. He said that he does not believe the C-PUD should not be the normal method of approving this type development and he was requesting that members consider it not to be a precedent; however, it was not his intent that anyone be bound by this statement individually or as a Commission.  Athens Planning Commission 2018 October 16 Page J 257 XVI. 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 approval of the request of John D. Furline & Teresa Dawn Furline to rezone +/- 19 acres of property on the east side of Lindsay Lane South immediately north of Indian Trace Subdivision from the R-1-1 Single Family Residential District to a C-PUD, Conventional Planned Unit Development District, as well as the associated Master Development Plan." Rick Johnson seconded the motion and the vote passed with Mr. Hendrix voting against the request. XVII. Public Hearing: Request of Athens Land Company to rezone +/- 23.50 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 an R-2 Multifamily District. Mr. Rich explained that this request is coming back before the Commission. The developer withdrew his previous request before it went to the City Council and has since made changes that the public asked for during the public hearings. It's a 2 phase development. This plan removed the Kelli Drive extension behind Whitfield Colony. They also put a gate between the two phases of development. Staff would request the gate be removed. Mr. Rich has spoken with traffic consultant and the layout would prevent anyone from using the development as a cut through to Kelli Drive. There is still a type "A" buffer between the Whitfield Colony and the apartments. There is now a 100 foot buffer between the back of the property line and the development. About 135 feet is now between the back of the property line and nearest apartment building. There are also two dog parks, one for each phase located in the buffer. Mr. David Aycock, 101 Ridgelawn Drive, came forward to speak. He stated that the property was purchased in 1977. The developer has listened to the concerns of the public and has made changes to the plan. The changes meet the Future Land Use Plan and all the requirements for a rezoning. Mr. Morell presented a powerpoint that went through the changes made to the development. Mr. Hendrix clarified that residents of phase one will exit onto Lindsay Lane and the residents of phase two will exit onto Kelli Drive, to which Mr. Morell confirmed that this is correct. Mr. Huffman asked whether ES&CD and the Fire Department agreed with this, to which Chief Thornton and Mr. Rich responded that they do not. Mr. Wales proceeded to ask questions compiled by residents. Mr. Wales asked whether the developer will still be required to stick with the plan as is for phase two even if phase one does not fill up. Mr. Morell responded that if the master development plan is approved, it would have to be brought back before the Planning Commission before any changes could be made. Mr. Wales questioned whether the apartments could change to rent assisted housing or if the development would stand on its own. Mr. Morell stated that the developer can speak to that, but the location, amenities, etc. would limit the development because they cannot afford that type of project.  Athens Planning Con1mission 2018 October 16 Page J 258 Mr. Wales questioned whehter the traffic plan tells us that Lindsay Lane can support this development, to which Mr. Morell responded that yes, it does. Mr. Wales also wished to know whether storm water detention would attract mosquitos, insects, etc. or go through Whitfield/ Winslow. Mr. Morell explained that the detention areas are dry ponds. There will be no more water off the site than what is currently there. Mr. Wales stated that residents are concerned about what it will do to there property values. Mr. Morell stated that the closest Class "A" Luxury apartments are in Providence in Huntsville. Mr. Morell stated that in this case, if anything it will just keep the prices neutral. How Athens attracts projects to the interchange will effect property values. Mr. Wales asked whether a perk test would be necessary for drainage, to which Mr. Morell responded that there is no need because it will run dry. Mr. Wales questioned whether there would be gravel in the bottom of the detention pond, to which Mr. Morell responded that the detention would be grass lined. Mr. Wales also asked when the entire 8 foot wall would be built. Mr. Morell stated that if phase one can be built without grading, they will keep the trees in what will become phase two. Mr. Wales asked how much will be demolished in phase two, to which Mr. Morell responded that the developer would like to keep as many mature trees as possible. Mr. Wales also inquired as to whether the traffic study had been completed. Mr. Morell explained that the study had been completed. To summarize, the level of service on Lindsay Lane is adequate to handle the traffic loads. The DOT agrees that the timing and call on signal has more effect on Lindsay Lane than the traffic. Mr. Wale's last question from the community members was whether or not there would need to be a traffic light at the entrance of Winslow and the Furline property, to which Mr. Rich responded that traffic volume, ,accident data, and sight distance would determine if a traffic study is warranted. Mr. Bill Ming stated that there is a lot of interest in this type of development. He has spoken with three Athens-Limestone agencies and they are all in support of this project because it meets a need that is currently lacking in Athens. Mr. Ming went on to give the tax figures for the property. As it is with an agricultural use, the property tax per year is around $79. When fully built, the property tax will be around $ 10o,ooo per year. In a ten year period, that is $Boo vs. $ 1 million. It is a $70 million investment up front. Mr. Ming believes it is a complement to our community that someone of this caliper wishes to develop in Athens. Wesley Brown, 22457 Shawnee Lane, came forward and expressed concerns over the amount of time the traffic study was conducted in and what the residents could expect the traffic impact to be. Mr. Wales stated that the traffic count strips were down for over a week or longer.  Athens Planning Commission 2018 October 16 Page 1259 Mr. Morell stated that the traffic study results did not differ from the previous study. Peak time will still be in the afternoon. Francine Johnson, 200 Whitfield Drive, came forward to state that she does not believe the traffic study is accurate. Bill Swindle, 102 Yorktown Drive, inquired as to what type of gate would be used, to which the developer responded that it would more than likely be a card key or electric access gate. John Coulter, 112 Whitfield Drive, questioned where the water would drain to. Mr. Morell explained that where the water is now is where it will drain to. It will leave the property exactly where it does now. Brandon Hicks, 114 Whitfield Drive, stated that he keeps hearing about the tax base. It is B-2 now. It has only been B-2 for 18 months. It is not a fair comparison. J and J builds really nice malls. Sales tax can contribute to the tax base as well. Mr. Wales reminded those in attendance that the vote is just to send the request to the City Council. Tim Houston, 103 Creighton St. came forward. He expressed his concern about a promised sewer line that ended up being run through his yard. No one else spoke for or against the item; therefore the public hearing was closed. XVIII. 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 recommend to the City Council approval for the request of Athens Land Company to rezone + /- 23.50 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 an R-2 Multifamily District.." Mr. Malone seconded the motion and the vote was unanimous of the voting members present. Shane Black, the City Attorney, addressed Ms. Garth and asked whether the Master Development Plan was included in the vote, to which Ms. Garth Mfirmed. Ms. Garth stated that she hopes the City Council pays close attention to how the Planning Commission voted because in the past they have not always done so. XIX. 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 keep all officers as is for the 2019 calendar year." Mayor Marks seconded the motion and the vote was unanimous of the voting members present.  Athens Planning Com1nission 2018 October 16 Page 1 2 60 XX. Adiourn There being no further business, the meeting was adjourned. C�g.a A�cra7�