Planning Commission

Athens Planning Commission 2019 September 17 Page 1275 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 September 17, 2019. II. Roll Call. Members present: Members absent: Gina Garth, Chairman Mayor Ronnie Marks Rick Johnson, Vice Chairman Jerold Blaxton Venard Hendrix Robert Malone Chief Bryan Thornton Councilman Harold Wales Also present: Erin Tidwell, Planning Commission Secretary Michael Griffin, City Engineer James Rich, Director of Public Works Micah Cochran, GIS Coordinator APPROVAL OF MINUfES: III. Resolution: The Chairman called for a motion to accept the proposed minutes from the August 20, 2019 meeting. Mr. Blaxton offered the following resolution and moved its adoption: "BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CI1Y OF ATHENS, ALABAMA, to approve the minutes of the August 20, 2019 meeting with a correction to item #7." Mr. Malone seconded the motion and the vote was unanimous of the voting members present. IV. Resolution: The Chairman called for a motion to accept the proposed minutes from the August 6, 2019 Special Called meeting. Mr. Wales offered the following resolution and moved its adoption: "BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CI1Y OF ATHENS, ALABAMA, to approve the minutes of the August o6, 2019 meeting." Mr. Hendrix seconded the motion and the vote was unanimous of the voting members present.  Athens Planning Commission 2019 September 17 Page 1276 OLD BUSINESS NEW BUSINESS Subdivisions V. Resolution: Consider the request of Harold and Rosanna Caneer for a Certificate to Consolidate for Harold and Rosanna Caneer, a consolidation of 4 parcels into a single +/- 12.10 acre tract located west of South Jefferson Street to the south of Commercial Drive, in a B-2 General Business District. Mr. Griffin stated that this property is located just South of US-72 and at the intersection of Commercial Dr and Jefferson. ES&CD has reviewed the certificate to consolidate and recommends that it be approved. Mr. Johnson asked whether there were any structures on the property to which Mr. Griffin stated that there are none. Mr. Johnson offered the following resolution and moved its adoption: "BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CI1Y OF ATHENS, ALABAMA, to grant the request of Harold and Rosanna Caneer for a Certificate to Consolidate for Harold and Rosanna Caneer, a consolidation of 4 parcels into a single +/- 12.10 acre tract located west of South Jefferson Street to the south of Commercial Drive, in a B-2 General Business District.." Mr. Blaxton seconded the motion and the vote was unanimous of the voting members present. VI. Resolution: Consider the request of Wallace Reece for a Certificate to Consolidate for Wallace Reece, located at 18016 Elles Drive, a consolidation of two lots into a single +/­ o.6og acre tract in an R-1-1 Single Family Low Density Residential District. Mr. Griffin stated that this is located in Vestavia Estates subdivision. They are adding a 25' strip to the south side of the property. Staff sees no issues. Mr. Malone offered the following resolution and moved its adoption: "BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CI1Y OF ATHENS, ALABAMA, to grant the request of Wallace Reece for a Certificate to Consolidate for Wallace Reece, located at 18016 Elles Drive, a consolidation of two lots into a single +/-o.6og acre tract in an R-1-1 Single Family Low Density Residential District. " Chief Thornton seconded the motion and the vote was unanimous of the voting members present.  Athens Planning Commission 2019 September 17 Page J277 VII. Public Hearing: Request of Johnson & Shaw LLC, for Swan Creek Greenway at Westmoreland Place Preliminary Plat, located directly east of 1207 Eidson St., in a B-2 General Business District for the creation of a trailhead for the Swancreek Greenway. Mr. Griffin stated that this instrument will re-plat property that the city intends to become the trailhead for the Swan Creek Greenway. It will become a parking lot and trail extension of the existing trail. Mr. Hendrix inquired how many parking spaces it will accommodate, to which Mr. Griffin responded that around 30 to 34 more than likely. No one else spoke for or against the request, therefore the public hearing was closed. VIII. 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 grant the request of of Johnson & Shaw LLC, for Swan Creek Greenway at Westmoreland Place Preliminary Plat, located directly east of 1207 Eidson St., in a B-2 General Business District for the creation of a trailhead for the Swancreek Greenway." Mr. Blaxton seconded the motion and the vote was unanimous of the voting members present. IX. Public Hearing: Request of Jim Christopher for a Preliminary Plat of Streams at Watercress, a subdivision of 11 lots, located directly to the north of the Springs at Watercress and the Lakes at Watercress, to the West of Lucas Ferry Road, in an R-1-2 Medium Density Single Family Residential District. Mr. Griffin stated that this subdivision is composed of 11 lots. Staff sees no issues with this subdivision request. Mr. Malone asked for the lot numbers that are seeking subdivision approval. Mr. Griffin stated that only lots 16-26 are requesting approval. The shaded out lots ran into a zoning issue and will come back before the commission for approval one the zoning issue is worked out. Mrs. Garth asked whether the existing streets would be connected to the proposed street. Mr. Griffin stated that yes, they would. They are currently stubs with turn arounds but they will be extended to connect with the proposed street. Mr. Wales questioned whether the common area would disappear. Mr. Rich stated that the area that is already platted will stay in place.  Athens Planning Commission 2019 September 17 Page 1278 Mr. Greg Skipworth, 17530 Springview Lane, came forward to speak on behalf of the HOA and as an individual homeowner impacted by this development. Mr. Skipworth handed out a map to the Commission (Exhibit "A"). Mr. Skipworth stated that Lot 32 is his house. He stated on this subdivision request the existing common area is taken to be built on. The person who lives behind Mr. Skipworth bought his home with the expectation that no one will build on that lot. They now want to place a house here and block his view. Mrs. Garth asked for a copy of the original plat that was filed. Mr. Rich provided that plat to here from the original two phases of the Springs at Watercress and the Lakes at Watercress. Mr. Skipworth stated that the residents bought with the assumption that they were at the end of the street. They would not have bought this lot if they had known this was developable. Mr. Malone asked whether they had spoke with the developer. Mr. Skipworth stated he didn't find out about this until he got the letter on Saturday. They had only talked about northern lots in the past. Mrs. Garth asked whether the Springs was built out? Mr. Skipworth confirmed that it is. Mrs. Garth questioned whether the zoning was R-1-2 where Mr. Skipworth lives, to which Mr. Skipworth confirmed. Mrs. Garth asked the room in general who all was here for this particular request. Fifteen people raised their hand. Mr. Hendrix asked what this area was intended for on the original plat. Mr. Skipworth stated he believes it was for common area. Lot 17 had to be lumped together on this plat to allow for a home. He believes this will ruin the appearance of the neighborhood. Mr. Skipworth stated that he strongly urges the Commission to vote "no" on this item. He stated he supports the rezoning further on he agenda, but in regards to this specific request, please vote no. Mrs. Garth questioned whether those present for this item felt Mr. Skipworth represents their feelings on this matter, to which there was an affirmative reply. Mr. Dunivant, 112 Cloverleaf Drive, with Dunivant Engineering, came forward to speak on behalf of the applicant. Mr. Dunivant stated that the plat the residents are referencing is old and is not a legal plat. Mr. Joe Christopher had it in mind. Mr. Jim Christopher is the developer for this project. There is no common area in these areas on any recorded plat. Mr. Dunivant stated that everything is shifted north to make room for roads.  Athens Planning Commission 2019 September 17 Page 1279 Mr. Bill Perkins, 17434 Spring View Drive, stated that he has been a Watercress resident since May 2009. The access road has been there the entire time and as far as he knows there have never been any plans to change that. Mr. Rich stated that there are two plats that have been recorded. They only encompass the existing development for the Springs and Lakes at Watercress. Beyond the northern property boundary is another property not labeled common area as recorded on the existing plats. Staff believes that what is before the Commission for consideration meets subdivision requirements. No one else spoke for or against the request, therefore the public hearing was closed. X. Resolution: Mr. Johnson stated that per Mr. Rich's comments, there is a section that is poorly labeled for "future development" and not labeled as common area. Mr. Johnson stated that he would like to take a month to talk with the City and Mr. Skipworth to find the intent of the existing instrument. 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 table the request of Jim Christopher for a Preliminary Plat of Streams at Watercress, a subdivision of ulots, located directly to the north of the Springs at Watercress and the Lakes at Watercress, to the West of Lucas Ferry Road, in an R-1-2 Medium Density Single Family Residential District until the October meeting." Mr. Blaxton seconded the motion and discussion ensued. XI. Discussion: Mr. Wales stated that he understands that moving the road to the north creates more room to build homes, but when these people bought their homes, what they looked at stated these areas were common areas. Mr. Wales stated that he cannot do this. Mrs. Garth stated that she is a little concerned after viewing the existing plats. She stated she would like to review the minutes from previous meetings. XII. Vote: The Commission voted and Mr. Johnson's motion passed with a vote that was unanimous of the voting members present. XIII. Resolution: Consider the request of Larry, Curley, Nomo, LLC. for a Layout of Cambridge Estates Subdivision, a subdivision of 64 lots on +/-19.84 acres, located to the southeast of 25966 US HWY 72, in an R-1-3 Single Family High Density Residential Development. Mr. Griffin stated that this is located on the very eastern edge of the city limits on the southern side of Highway 72. Staff sees no issues with the layout. Mr. Wales offered the following resolution and moved for its adoption:  Athens Planning Commission 2019 September 17 Page 1280 "BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF ATHENS, ALABAMA, to grant the request of Larry, Curley, Nomo, LLC. for a Layout of Cambridge Estates Subdivision, a subdivision of 64 lots on +l-19.84 acres, located to the southeast of 25966 US HWY 72, in an R-1-3 Single Family High Density Residential Development .. " Mr. Blaxton seconded the motion and the vote was unanimous of the voting members present. XIV. Resolution: Consider the request of TMJ Property, LLC. for a Final Plat for Peyton Ridge Subdivision Addition No. 1., located on the northern side of US HWY 72, East of Piney Creek, in a C-PUD Conventional Planned Unit Development District. Mr. Griffin stated that at this time the final plat states that 0.12 acres of ROW should be dedicated to the City of Athens. Mr. Griffin expressed that he has not received the necessary bonds and roadway plans for acceptance into the City's maintenance program. Without the assurance of bonds and plans, Mr. Griffin would not recommend approving this final plat until the applicant can provide this information for review. 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 until the October meeting a decision regarding the request of TMJ Property, LLC. for a Final Plat for Peyton Ridge Subdivision Addition No. 1., located on the northern side of US HWY 72, East of Piney Creek, in a C-PUD Conventional Planned Unit Development District.. " Mr. Johnson seconded the motion and the vote was unanimous of the voting members present. XV. Public Hearing: Consider the request of Forestar (USA) Real Estate Group Inc., a Delaware corporation, for a Final Plat of the Links at Canebrake Phase I, a subdivision creating 85 lots on+I- 53.52 acres, located on the east side of Lindsay Lane, directly north of 2083 Lindsay Lane South, in a C-PUD, Conventional Planned Unit Development District. Mr. Griffin stated that staff recommends this be approved contingent upon all bonds being in place. No one else spoke for or against the request, therefore the public hearing was closed. XVI. 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 Forestar (USA) Real Estate Group Inc., a Delaware corporation, for a Final Plat of the Links at Canebrake Phase I, a subdivision creating 85 lots on +I- 53.52 acres, located on the east side of Lindsay Lane, directly north of 2083 Lindsay Lane South, in a C-PUD, Conventional Planned Unit Development District contingent upon all bonds being in place. "  Athens Planning Commission 2019 September 17 Page 1281 Mr. Malone seconded the motion and the vote was unanimous of the voting members present. XVII. Public Hearing: Consider the request of Forestar (USA) Real Estate Group Inc., a Delaware corporation for a Final Plat of the Links at Canebrake, Phase 1B, a subdivision creating an+/- 11.12 acre tract, located on the east side of Lindsay Lane, directly north of 2083 Lindsay Lane South, in a C-PUD, Conventional Planned Unit Development District. Mr. Griffin stated that staff recommends this be approved contingent upon all bonds being in place. No one else spoke for or against the request, 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 grant the request of Forestar (USA) Real Estate Group Inc., a Delaware corporation for a Final Plat of the Links at Canebrake, Phase 1B, a subdivision creating an +/- 11.12 acre tract, located on the east side of Lindsay Lane, directly north of 2083 Lindsay Lane South, in a C-PUD, Conventional Planned Unit Development District contingent upon all bonds being in place." Mr. Malone seconded the motion and the vote was unanimous of the voting members present. XIX. Resolution: Mr. Griffin stated that staff has reviewed this application and sees no issues. It is revised to show a 20' sanitary sewer easement and a more accurate representation of the location of the blue line stream. 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 Cog Hill Property, LLC. for a Revised Final 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. Blaxton seconded the motion and the vote was unanimous of the voting members present. XX. Public Hearing: Request of Piney Creek, LLC. for a Preliminary Plat of 305 Cambridge Subdivision Phase 2, a subdivision of 6o lots on +/- 18.62 acres, located to the northwest corner of the intersection of Newby Road and Cambridge Lane in an R-1-3 Single Family  Athens Planning Commission 2019 September 17 Pagej282 High Density Residential District. Mr.Griffin stated that staff has reviewed this application and sees no issues. Mrs. Garth read a letter received from Melinda Rowe Craig in opposition to the development (Exhibit "B"). No one else spoke for or against the item, therefore the public hearing was closed. XXI. 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 Piney Creek, LLC. for a Preliminary Plat of 305 Cambridge Subdivision Phase 2, a subdivision of 6o lots on +/- 18.62 acres, located to the northwest corner of the intersection of Newby Road and Cambridge Lane in an R-1-3 Single Family High Density Residential District. Mr. Griffin stated that staff has reviewed this application and sees no issues." Mr. Wales seconded the motion and the vote was unanimous of the voting members present. XXII. Public Hearing: Request of Winter Homes for a Preliminary Plat of Lucas Ferry Townhomes for 98 lots on +/-25.66 acres, located on the southeast corner of Lucas Ferry and Washington Street, immediately west of Athens Intermediate School, in an R-1-5, Single Family Townhouse Attached Residential District. Mr. Griffin stated that this plan combines what the Commission previously saw as separate phases 1 and 2 into a single phase of development. Staff sees no issues with the request. Mr. Johnson asked whether the location of the wording "Tract 2" as shown would be a future phase of development. Cady Stewart, 711 Hobbs St. East, the project engineer, stated that this would be the location of a detention area. Mr. John Shepherd, 17530 Blair Drive, stated his concerns regarding traffic and inquired whether this development would require any upgrades to Lucas Ferry. Mr. Griffin stated that the developer will be responsible for improvements to Lucas Ferry directly related to this development. Mr. Terry Curry, 16088 Lucas Ferry Road, stated that on the first plat that was previously approved by the Commission, two retention ponds were shown. None are shown on this one. Mr. Griffin stated that there are ponds shown on the construction drawings. 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:  Athens Planning Commission 2019 September 17 Page j283 "BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF ATHENS, ALABAMA, to grant the request of Winter Homes for a Preliminary Plat of Lucas Ferry Townhomes for 98 lots on +l-25.66 acres, located on the southeast corner of Lucas Ferry and Washington Street, immediately west of Athens Intermediate School, in an R-1-5, Single Family Townhouse Attached Residential District. " Mr. Malone seconded the motion and the vote was unanimous of the voting members present. XXIV. Public Hearing: Request of Elite Properties and Development, LLC. for a Preliminary Plat of Sycamore Square Subdivision, a subdivision of 88 lots on +I-32.38 acres, located on the north side of Newby Road +1- 3700' east of Cambridge Lane, in an R-1-3, Single Family High Density Residential District. Mr. Griffin stated that the development will require adding a decal lane. Transitional lots adjacent to developed lots have been addressed. All of staffs comments have been addressed and staff sees no issues with this application. Mrs. Garth questioned whether the adjacent property was in the city limits. Ms. Tidwell responded that yes, all surrounding property is in the city limits. Mr. Griffin requested that the buffer along Newby Road be moved or addressed since it is located in a U&D easement. No one else spoke for or against the item, therefore the public hearing was closed. XXV. 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 grant the request of Elite Properties and Development, LLC. for a Preliminary Plat of Sycamore Square Subdivision, a subdivision of 88 lots on +I -32.38 acres, located on the north side of Newby Road +/- 3700' east of Cambridge Lane, in an R-1-3, Single Family High Density Residential District contingent upon staff review of the proposed buffers located within U&D easements. " Mr. Malone seconded the motion and the vote was unanimous of the voting members present. XXVI. Public Hearing: Request of Gregg Crow and DSLD Homes LLC. for a Final Plat of Park Place Addition No. 3 Re-Plat, a replat of 33 lots, located at the stub of Wickerberry Way and Park Place in a TN-2 Traditional Neighborhood 2 District. Mr. Cochran stated that the goal of this plat is to move the development pattern from a zero­ twelve foot side setback to an eight foot and eight foot side yard setback. The Zoning Ordinance requires entire block frontages to be either zero or non-zero development. Mr.  Athens Planning Commission 2019 September 17 Page 1284 Cochran read a portion of Section 4.23 of the City of Athens Zoning Ordinance as follows: Zero-lot line development shall require one or more complete block frontages and shall not be permitted on only a portion of a block frontage unless it is separated from adjacent non-zero-lot line development (along the same block frontage) by an alley ... (Zoning Ordinance 2017-2016, §4.23) Mr. Cochran stated that staff does not recommend this plan as shown since it contains block frontages with zero and non-zero developments on them that are not separated by an alley. Mrs. Garth clarified that this plat is already approved, they are just asking for a replat, to which Mr. Cochran affirmed. Mrs. Garth again clarified that this plat shows the same number of lots as the previously approved plat, they are just changing the configuration of the homes on the lots? Mr. Cochran stated this was correct as well. Mr. Cochran stated that what really caught staff's attention were lots 85-89 and 1-67. These adjoin existing zero lot line development. Mr. Nate Matthews, with OSLO Homes, 2101 W. Clinton Ave. Suite 304, came forward to speak on behalf of the plat. He stated that the existing homes are wider than the OSLO product. With the zero lot line, there is 12' on each side. With narrower houses, OSLO needs more space between the homes to look the same as the existing development. Mr. Matthews stated that OSLO's interpretation of this section is that a buffer or sidewalk will be adequate. He said they have smaller homes, so with the existing, zero-lot style development, the plans would look out of place. Mr. Johnson stated that he appreciates and is a fan of less dense development. He stated he would probably be more favorable towards this plan if there was a type "A" buffer present. Mr. Gregg Crow, 709 Box Street, came forward to speak. He stated that he developed Park Place and has now sold it to OSLO. He stated that Mr. Wales has had calls about home values. He stated that if he was concerned about home values he would have sold his home before he sold his development to OSLO. He stated this will just make the development look awkward if the homes are not centered on the lot. No one else spoke for or against the item, therefore the public hearing was closed. XXVII. Discussion: Mr. Rich stated that the City is not seeing a large amount of zero-lot development any more. Ms. Garth stated that if the Commission were to vote contrary to the Ordinance in this matter, there could be pitfalls. Furthermore, if the Commission were to ignore one part of the Ordinance, it would open up other issues. Ms. Garth stated that the developer seemed willing to work with the City to address issues.  Athens Planning Commission 2019 September 17 Page )285 Any ideas how that would work? Mr. Rich stated that staff would be willing to work with Mr. Matthews in whatever direction the Commission asked them to. Mr. Matthews came forward and requested to withdraw his request in order to work with the City to better meet the ordinance. The Commission granted Mr. Matthews' request. Rezoning XXVIII. Public Hearing: Request of Mark Wilson, Johnnie H. Wilson, Fred J. Wilson, Ollye M. Ward, and Melinda Patterson for recommendation to the City Council for approval to rezone property from an R-1-3, Single Family High Density Residential District to a B-2 General Business District, including parcels 070932300ooos.ooo, 0709323000003.000, 070932300ooot.oo2, 0709323ooooot.oo4, 0709323ooooo8.ooo, 0709323000007.ooo, 0709323000009.000, 070932400001o.ooo, and 0709323000010.000 located to the east, , north, northwest, and west of 330 Elm St. West. Mr. Cochran stated that Staff sees several issues with this request. The first issue being that this application is an incomplete application. Mr. Cochran listed the items that staff had noted as missing for the application. o Combined legal description does not meet the requirements for a legal description. o No copies of recorded documentation for one property owner, Ollye M. Ward, who is listed as an owner of one of the properties in this request. a Mr. Wilson was given a copy of the Zoning Change application. On that application it requires "copy of the deed", "supporting legal documentation" and in cases with multiple deeds, such as this one, it requires a combined legal description prepared by a Surveyor or Professional Engineer. o Mr. Wilson was provided a letter outlining how to correct his application. Mr. Cochran also stated that there is an issue with the requested zoning district, B-2 and the current uses on the property not matching. He stated that this property has single family homes on it. The B-2 Zoning District does not permit a single family residential use. This would causes the existing houses to be a non-conforming use, which if abandoned for period greater than 180 days, would have to become a use that is permitted within the B-2 zoning district. Additionally, many mortgage companies will not provide loans for houses that are in a zoning district that does not allow a residential use. Mr. Cochran stated that there are also some additional items for the Commission to consider. There is an active Building Permit for 330 W. Elm Street for a Single Family Home, which would not be a permitted use in the B-2 District. This property is owned by Mr. Fred Wilson and is part of this request. Mr. Cochran also stated that the nearest B-2 District is over a mile away. These districts are generally found along Highway 72 and Highway 31.  Athens Planning Commission 2019 September 17 Page 1286 Mr. Cochran stated that for the aforementioned reasons, staff gives no recommendation on this request. Ms. Garth questioned if St. Luke's Missionary Baptist Church had contacted staff, to which Mr. Cochran responded, no, they had not as far as he is aware. Mr. Malone stated that he is confused as to why the Commission is seeing this request. Mr. Rich stated that this is not the typical format. Mrs. Garth questioned whether staff can turn down incomplete applications. Mr. Rich stated that he tries to work with applicants. Mrs. Garth questioned whether this goes to City Council regardless? Mr. Rich stated that yes, it goes with a review of the Commission's findings. Mr. Mark Wilson, 408 W. Elm St. came forward to speak. He stated that he came before the Commission in 2013 to rezone property and the Commission turned him down. He woke up and the city rezoned to what the Commission wanted it to be rezoned to. ; Mr. Rich stated that all state requirements for rezoning were met when new zoning was adopted city wide. Mr. Wilson stated that Elm Street used to be a gravel road. He said he was always told he could not skip zone, but every property around him is skip zoned. Mrs. Garth stated that the Commission cannot do anything at this meeting about what was done in the past, but can only look at the item before them now. Mr. Wilson stated that his map is the same as Micah's map. He does not see what the issue is. Mrs. Garth stated she is not sure about the map, but there is an issue with the legal description. Mr. Wilson asked why Mr. Cochran was opposing his request. He stated that this is a one sided city with too much racism in this town. Mr. Johnson stated that he doesn't believe this has anything to do with race. Mr. Johnson stated that he has a piece of property that was rezoned at this time as well to a less beneficial district. Mr. Johnson also asked whether Ms. Ward was present. Mr. Wilson explained that she is not present. She is So years old but he was pretty sure she told him she had the required paperwork. Mr. Wilson addressed Mr. Wales and reminded him that he used to live in this area and he should know that it needs improvements.  Athens Planning Commission 2019 September 17 Page 1287 Mr. Wales advised Mr. Wilson to sit down with Mr. Rich in his office to discuss what needed to be done. No one else spoke for or against this item, therefore the public hearing was closed. XXIX. 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 send to the City Council with no recommendation for approval the request of Mark Wilson, Johnnie H. Wilson, Fred J. Wilson, Ollye M. Ward, and Melinda Patterson for recommendation to the City Council for approval to rezone property from an R-1-3, Single Family High Density Residential District to a B-2 General Business District, including parcels 0709323000005.000, 0709323000003.000, 070932300000l.002, 07093230ooooLo04, 0709323ooooo8.ooo, 0709323000007.00o, 0709323000009.ooo, 0709324000010.ooo, and 0709323000010.ooo located to the east, north, northwest, and , west of 330 Elm St. West." Mr. Wales seconded the motion and the vote was unanimous of the voting members present. XXX. Public Hearing: Request of Watercress Preserve, LLC. for recommendation to the City Council for approval to rezone +I- 15.5 acres of property located directly to the north of the Springs at Watercress and the Lakes at Watercress, to the West of Lucas Ferry Road, from an R-1-1 Single Family Low Density Residential District to an R-1-2 Single Family Medium Density Residential District. Mr. Griffin stated that this request is before the commission due to identifying a zoning issue during a subdivision request. Staff sees no issues. No one else spoke for or against the request, therefore the public hearing was closed. XXXI. 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 for approval the request of Watercress Preserve, LLC. for recommendation to the City Council for approval to rezone +I- 15.5 acres of property located directly to the north of the Springs at Watercress and the Lakes at Watercress, to the West of Lucas Ferry Road, from an R-1-1 Single Family Low Density Residential District to an R-1-2 Single Family Medium Density Residential District." Mr. Malone seconded the motion and the vote was unanimous of the voting members present. Site Plan Approval XXXII. Resolution: Consider the request of Natchez Group for approval of a site plan for conditioned limited access mini-storage units with a combined gross floor area of +I- 73,520  Athens Planning Commission 2019 September 17 Page 1288 square feet, located directly north of 22031 US HWY 72 off of Lindsay Lane, in a B-2, General Business District. Mr. Cochran stated that this site has had a site plan come before the Commission before for approval. Previously it was a more traditional mini-storage. This plan is for conditioned storage. The building materials on the external elevations do not meet the material requirements. The elevations show exposed metal panels on vertical wall surfaces which are not allowed. Ms. Garth stated that the City has an Ordinance that prohibits corrugated metal siding and a project that is composed of corrugated metal. Mr. Beau Fowler, 1850 Ave North, Nashville, TN, came forward to speak as the developer of the project. He stated that he would like to propose materials that would be in compliance with the ordinance (handed out Exhibit "C"). Mr. Rich stated that this could be approved subject to staff review and approval. The newly submitted materials were composed of EIFS, glazing (glass), and brick. Mr. Wales stated that coming from a previous project with a good presentation, and in a high visibility area, he would not want something unappealing across the street from homes. Mr. Hendrix questioned whether all access to storage units would be interior, to which Mr. Fowler confirmed. Mr. Malone offered the following resolution and moved for its adoption: "BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CI'IY OF ATHENS, ALABAMA, to approve the request of Natchez Group for approval of a site plan for conditioned limited access mini-storage units with a combined gross floor area of+/- 73,520 square feet, located directly north of 22031 US HWY 72 off of Lindsay Lane, in a B-2, General Business District contingent upon all City's Building and Site requirements according to Zoning Ordinance and Staffs review of materials used as presented in Exhibit "C"." Mr. Blaxton seconded the motion and the vote was unanimous of the voting members present. Approval of Location, Character, & EA1:ent XXXIII. Resolution: Consider the request of Limestone County EMA for consideration of the location, character, and extent of the proposed renovations to the Limestone County EMA Building, located at 1011 Market ST. W in a TI Traditional Institutional District. Mr. Griffin stated that the Limestone County EMA building is adding brick to the front fa<;ade. This is an improvement and staff sees no issues. Mr. Hendrix offered the following resolution and moved for its adoption:  Athens Planning Commission 2019 September 17 Page 1289 "BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF ATHENS, AlABAMA, to approve the request of Limestone County EMA for consideration of the location, character, and extent of the proposed renovations to the Limestone County EMA Building, located at 1011 Market ST. W in a TI Traditional Institutional District." Mr. Blaxton seconded the motion and the vote was unanimous of the voting members present. XXX IV. Adjourn There being no further business, the meeting was adjourned.