Planning Commission

Athens Planning Commission 2018 November 20 Page 1 26 1 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 November 20, 2018. II. Roll Call. Mem bers 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 October 16, 2018 meeting. Mayor Marks 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 October 16, 2018 meeting. " Mr. Malone seconded the motion and the vote was unanimous of the voting members present. OLD BUSINESS IV. 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. Ms. Garth opened a public hearing for old business to let individuals who were not present at the October meeting to speak for or against HBC Family's request. She wished to take up this item followed by item 24 on the agenda due to the similarities and relation between the requests. Mr. Rich stated that staff sees six issues with this request as well as Mr. Wilson's request. They are as follows:  Athens Planning Commission 2018 November 20 Page 1 262 1) The Future land use plan Figure 17 designates this area as "Neighborhood business." The portion presently zoned in the B-1 Neighborhood business district seems to match that intent. 2) The subject property fronts minor arterial roads, Jefferson St/AL Hwy 127 and Elm Street/AL Hwy 9 9 . 3) The T B district i s intended to accommodate for walkability and automobiles . a. Zoning Ordinance Sec 4 · 7 "The Traditional Business District is intended to promote commercial redevelopment in a manner that serves as a transition from the urban historic context of the other traditional districts and the highway commercial corridors, with consideration for walkabilit;y and accommodation of automobiles." 4) There is no existing TB district in the immediate vicinity (The nearest TB district is approximately 1/4 mile away on Frazier Street.) 5) The established development pattern of this area does not lend itself to a TB Zoning district. The total area in the requests consists of 2.6 acres. The current uses are gas station, car wash (not permitted, permitted only in the B-2 District) storage yard (a Conditional Use), house (not permitted) , and vacant property. 6) For Mr. Wilson's request, the properties in the request are not all abutting one another. Parcel 34 is on an island, thus we fear spot zoning becomes an issue with the application as presented. Mrs. Garth asked if there is sidewalk present on either site, to which Mr. Rich responded that there is none. Mr. Billy Cannon, 2387 S. Hines Street, stated that he is a member of HBC Family, LLC. He stated that the request to rezone is really a request to be competitive with the business across the street. Due to the difference in zoning, the other business can be so feet away from a church and sell alcohol while HBC Family's business must be soo feet away from a church to sell alcohol. Mr. Carnel Robison, 18 176 N. Jefferson Street, stated that he is a member of St. Luke's Missionary Baptist Church. He explained that he was here when the City allowed businesses to sell alcohol . They then required there to be a four lane highway between businesses selling alcohol and a church. With St. Luke's being a place of worship, Mr. Robison wishes the Commission would take this into consideration. The members of St. Luke's do not want people walking up and down the street carrying beer while members are worshipping. Mrs . Garth asked if Mr. Rich could explain the Alcohol Ordinance. Mr. Rich stated that if a business was in a conventional zoning district, there is a soo foot requirement between churches, schools, and child care facilities. In the new traditional districts, that distance goes down to so feet. Mr. Wales stated that the alcohol ordinance was written to protect our churches and schools. These requests are about selling beer. Mr. Wales stated that he understands the reasoning behind the requests, but he is absolutely against them. Mayor Marks stated that there is still a procedure to get approved to sell alcohol.  Athens Planning Commission 2018 November 20 Page 1 263 Mr. Wales stated that the application would come before the Alcohol Committee and would be denied or approved based on the zoning district. Mr. Rich interjected that he has two points for clarification. The first is that the current Alcohol Ordinance was approved after the Zoning Ordinance. Once the Zoning Ordinance is amended, the ordinances will match up. Secondly, the zoning is the first check on the alcohol application. Mr. Wales stated that if the zoning is changed, the alcohol committee has no reason to deny an application. Mr. Johnson stated that if he was looking at this one single item, he would be concerned about spot zoning. Mayor Marks stated that regardless of the Planning Commission's action, these items will go to the City Council. Mr. Wales stated that it worries him that this goes to the City Council and he is the City Council. No one else spoked for or against this item, therefore the public hearing was closed. V. Pu blic Hearing: Request of Mark Wilson to rezone 3 tracts of property located at 18042 N. Jefferson Street, directly north of 108 Elm Street West, and directly north of 100 Elm Street West, from the B-1 Neighborhood Business District and one tract of property located directly north of 18042 N. Jefferson Street from an R-1-3 High Density Single Family Residential District, to a TB, Traditional Business District. Mr. Rich showed a graphic on the screen depicting the multiple lots Mr. Wilson is requesting to rezone. He stated that tracts 15, 3 1, and 34 are currently zoned B-1 Neighborhood Business, while tract 16 is zoned R-1-3, Single Family High Density Residential District. He stated that staff has concerns about tract 34 being spot zoning, and that tract 15 has a storage yard on it, which is not permitted in a Traditional Business District without approval of a Conditional Use. He stated that Tract 16 is currently being used as a residence, which is not allowed in a Traditional Business District. Mr. Rich concluded by stating that these properties are all on individual deeds with one owner. Mr. Wales stated he doesn't know why the Commission is considering this because there is nothing on any of the properties. Mrs . Garth stated that she believes Mr. Rich has adequately explained the request. There are two uses that are not permitted in the zone Mr. Wilson is requesting to go to. No one else spoke for or against the request, therefore the public hearing was closed. VI. Resolution: Mr. Johnson 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 November 20 Page 1 264 ALABAMA, to recommend that the City Council not approve the request of Mark Wilson to rezone 3 tracts of property located at 18042 N. Jefferson Street, directly north of 108 Elm Street West, and directly north of 100 Elm Street West, from the B-1 Neighborhood Business District and one tract of property located directly north of 18042 N. Jefferson Street from an R-1-3 High Density Single Family Residential District, to a TB, Traditional Business District." Mr. Malone seconded the motion and the vote was unanimous of the voting members present. VII. 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 that the City Council not approve 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." Mr. Wales seconded the motion and the vote was unanimous of the voting members present. NEW BUSINESS Subdivisions VIII. Public Hearing: Request of Marty Gaston for a Final Plat of 3rd Street and Grace Avenue Subdivision, a subdivision of a single parcel into two parcels sized +/-0. 14 acres and +/- 0.227 acres, located at 6oo 3rd Street in an HN, Historic Neighborhood District. Mr. Rich stated that there is currently a home on the west side of the lot. The east side is currently vacant. The applicant wishes to subdivide the lot and build a duplex. A duplex is a permitted use in the HN District. Staff sees no issues. No one else spoke for or against the item; therefore the public hearing was closed. IX. Resolution: Mr. Wales offered the following resolution and moved for its adoption: "BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF ATHENS, ALABAMA, to grant the request of Marty Gaston for a Final Plat of 3rd Street and Grace Avenue Subdivision, a subdivision of a single parcel into two parcels sized +/-0 . 14 acres and +/-0.227 acres, located at 6oo 3rd Street in an HN, Historic Neighborhood District." Mayor Marks seconded the motion and the vote was unanimous of the voting members present. X. P ublic Hearing: Request of Barbara Ann Randolph for a Final Plat of Cain Estates Subdivision, a subdivision of 6.52 acres into acres into three lots, located at 1319 West Hobbs Street in a TN-2, Traditional Neighborhood 2 District. Mr. Rich explained that this is taking a single lot and dividing it into three lots. The request meets all the City's requirements. Staff sees no issues. Mrs. Jackie Warner, 1423 West Hobbs Street, stated that they are dividing the property up so that her family could build three houses.  Athens Planning Commission 2018 November 20 Page [ 265 No one else spoke for or against the item; therefore the public hearing was closed. XI. 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 Barbara Ann Randolph for a Final Plat of Cain Estates Subdivision, a subdivision of 6.52 acres into acres into three lots, located at 1319 West Hobbs Street in a TN-2, Traditional Neighborhood 2 District." Mr. Johnson seconded the motion and the vote was unanimous of the voting members present. XII. P u hlic Hearing: Request of Canebrake Club LLC. for a replat of lots 94 and 95 of Canebrake Colony Phase 1 and lots 83 and 84 of Canebrake Colony Phase 3 located between Turnberry Lane and Birkdale Circle in a CPUD, Conventional Planned Unit Development District. Mr. Rich explained that there are four existing homes in this location. The fence between the properties was built on the rear property lines. They are requesting to amend the property lines to follow the fences. Staff sees no issues with the request. No one else spoke for or against the item; therefore the public hearing was closed. XIII. 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 Canebrake Club LLC. for a replat of lots 94 and 95 of Canebrake Colony Phase 1 and lots 83 and 84 of Canebrake Colony Phase 3 located between Turnberry Lane and Birkdale Circle in a CPUD, Conventional Planned Unit Development District." Mayor Marks seconded the motion and the vote was unanimous of the voting members present. XIV. Public Hearing: Request of Stephen Downs for a Downs Certificate to Subdivide, a subdivision of +/-7.6 1 Acres into two tracts sized +/- 3 . 00 acres and +/- 4.61 acres located at 1428 Lindsay Lane North in an EST, Estate Agricultural and Residential District. Mr. Rich stated that the Downs family wishes to adjust property lines between two lots they own to allow for their children to build on the lot next to them. Staff sees no issues with the request to subdivide or the following request to consolidate. No one else spoke for or against the item; therefore the public hearing was closed. XV . Resolution : Consider the request of Stephen Downs for a Downs Certificate to Consolidate, a consolidation of +/-4.61 acres with an existing tract to create a tract sized +/- 6-45 acres located at 1428 Lindsay Lane North in an EST, Estate Agricultural and Residential District, and R-1-1 Low Density Single Family Residential District. Mr. Wales 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 November 20 Page f 266 ALABAMA, to grant the request of Stephen Downs for a Downs Certificate to Subdivide, a subdivision of +/-7.61 acres into two tracts sized +/- 3.00 acres and +/- 4.61 acres, and the request for a Certificate to Consolidate, a consolidation of +/-4.61 acres with an existing tract to create a tract sized +/-6-45 acres, located at 1428 Lindsay Lane North in an EST, Estate Agricultural and Residential District." Mr. Blaxton seconded the motion and the vote was unanimous of the voting members present. XVI. Public Hearing: Request of the Broadway Group LLC for a Replat of Lots 2 and 3, Block 2, Vestavia Estates, located on the south side of US HWY 72 West, east of 17268 US HWY 72, in a B-2, General Business District. Mr. Rich explained that Broadway Group is requesting to take two lots and consolidate into a single lot. No one else spoke for or against the item; therefore the public hearing was closed. XVII. Resolution: Mr. Blaxton offered the following resolution and moved for its adoption: "BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CI'IY OF ATHENS, ALABAMA, to grant the request of the Broadway Group LLC for a Replat of Lots 2 and 3, Block 2, Vestavia Estates, located on the south side of US HWY 72 West, east of 17268 US HWY 72, in a B-2, General Business District." Mr. Malone seconded the motion and the vote was unanimous of the voting members present. XVIII. Public Hearing: Request of Breland Homes LLC for a Preliminary Plat of Ledges of Oakdale Phase 2, containing 63 lots, located at the end of Ledges Drive, in an R-1-2, Medium Density Single Family Residential District. Mr. Rich stated that this Preliminary Plat is for phase two of the Ledges of Oakdale. There is connectivity between Phase 1, Ridges of Oakdale Subdivision to the north, Oaks East Subdivision to the south and Lochmere Subdivision to the west. The utilities are already in place from when Phase 1 was developed. Staff sees no issues. No one else spoke for or against the item; therefore the public hearing was closed. XIX. Resolution: Mr. Wales offered the following resolution and moved for its adoption: "BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CI'IY OF ATHENS, ALABAMA, to grant the request of Breland Homes LLC for a Preliminary Plat of Ledges of Oakdale Phase 2, containing 63 lots, located at the end of Ledges Drive, in an R-1-2, Medium Density Single Family Residential District. Mr. Blaxton seconded the motion and the vote was unanimous of the voting members present. XX. Resolution : Request of Oaks East, LLC. for a Final Plat of Oaks East, 2nd Addition, containing 13 lots, located on the west dead end of Pin Oak Drive, in an R-1-2 Medium Density Single Family Residential District. Mr. Rich explained that all the improvements are in place for the second phase of this  Athens Planning Com mission 2018 November 20 Page 1 267 development. The detention is located to south of the development. Staff sees no issues. 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 Oaks East, LLC. for a Final Plat of Oaks East, 2nd Addition, containing 13 lots, located on the west dead end of Pin Oak Drive, in an R-1-2 Medium Density Single Family Residential District." Mr. Malone seconded the motion and the vote was unanimous of the voting members present. XXI. Resolution: Consider the request of Nick Hamlin and Sam Gates for a Final Plat of The Meres Phase Three, located on the east side of Linton Road between AL HWY 251 and Forrest Street, in a CPUD, Conventional Planned Unit Development District. Mr. Rich stated that a Master Plan for the Conventional Planned Development was brought before the Commission earlier in the year. He explained that this Final Plat will amend the lots to match the Master Plan. Staff sees no issues. 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 Nick Hamlin and Sam Gates for a Final Plat of The Meres Phase Three, located on the east side of Linton Road between AL HWY 251 and Forrest Street, in a CPUD, Conventional Planned Unit Development District." Mr. Blaxton seconded the motion and the vote was unanimous of the voting members present. Rezonings XXII. P u blic Hearing: Request of Piney Creek LLC to rezone +/- 305.38 acres of property located at the northwest corner of the intersection of Cambridge Lane and Newby Road, from previously unzoned property to R-1-3 High Density Single Family Residential District. Mr. Rich explained the location of the property. He stated that a large portion of the property is in the floodway. Mr. Bill Matthews, 16977 Old Carriage Drive, spoke on behalf of the proposal. He stated that there are about 167 acres in the floodplain. The intent is to develop single family homes on the property. No one else spoke for or against the item; therefore the public hearing was closed. XXIII. 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 of the request of Piney Creek LLC to rezone +/- 305.38 acres of property located at the northwest corner of the intersection of Cambridge Lane and Newby Road, from previously unzoned property to R-1-3 High Density Single Family Residential District."  Athens Planning Commission 2018 November 20 Page J 268 Mr. Wales seconded the motion and the vote was unanimous of the voting members present. XXIV. Public Hearing: Request of OSP Realty LLC to rezone +I -1-40 acres of property located to the west of 1603 West Hobbs Street, from the TN-2 Traditional Neighborhood 2 District to an INST, Institutional District. Mr. Rich explained that the owner of the property would like for the zoning of the parcel to align with the use. It is across the street and part of the Athens Rehabilitation Center and Senior Care Center. Staff sees no issues with the request. No one else spoke for or against the item; therefore the public hearing was closed. XXV. 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 postpone a decision for the request of OSP Realty LLC to rezone +I -1.40 acres of property located to the west of 1603 West Hobbs Street, from the TN-2 Traditional Neighborhood 2 District to an INST, Institutional District." Mayor Marks seconded the motion and the vote was unanimous of the voting members present. XXVI. Pub l i c Hearing: Request of Old South Properties, INC. to rezone +I -1.39 acres of property located at 1603 West Hobbs Street, from the TN-2 Traditional Neighborhood 2 District to an INST, Institutional District. Mr. Rich stated that this property is next to the previous item for OSP Properties. The applicant is requesting this rezoning in order to match the use of the rehab center across the street. Staff sees no issues. No one else spoke for or against the request; therefore the public hearing was closed. XXVII. 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 recommend to the City Council approval of the request of Old South Properties, INC. to rezone +l-1.39 acres of property located at 1603 West Hobbs Street, from the TN-2 Traditional Neighborhood 2 District to an INST, Institutional District." Mr. Blaxton seconded the motion and the vote was unanimous of the voting members present. XXVIII. Approval of 2 0 19 Calendar 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 adopt the 2019 City of Athens Planning Commission Calendar." Mayor Marks seconded the motion and the vote was unanimous of the voting members present.  Athens Planning Comn1ission 2018 November 20 Page 1 269 XXIX. Adjourn There being no further business, the meeting was adjourned.