Planning Commission

Athens Planning Commission 2020 June 16 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 June 16, 2020. This meeting was open to the public but was also made available via Zoom . Roll Call. Members present: Members absent : Gina Garth, Chairman Jerold Blaxton Rick Johnson, Vice Chairman Venard Hendrix Roderick Herron Mayor Ronnie Marks Robert Malone Interim Chief James Hand Also present: Erin Tidwell , Planner & Planning Commission Secretary Michael Griffin, City Engineer Micah Cochran, GIS Coordinator APPROVAL OF MINUTES: I. Resolution: The Chairperson called for a motion to accept the proposed minutes from the May 19, 2020 meeting. Mr. Malone 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 May 19, 2020 meeting.” Mr. Herron seconded the motion and the vote was unanimous of the voting members present.  Athens Planning Commission 2020 June 16 OLD BUSINESS NEW BUSINESS II . Public Hearing Request of Charles Christensen for a Certificate to Subdivide for Charles Christensen , a subdivision of + / -0.13 acres off of a lot sized + / -0.37 acres, located at 1000 Levert Avenue, in a TN-2, Traditional Neighborhood 2 District. Mr. Griffin explained that the applicant is requesting to add 50’ wide tract to the rear of his property . Staff sees no issues. No one else spoke for or against the request, therefore the public hearing was closed . III. Resolution Mr. Johnson offered the following resolution and moved its adoption : “BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF ATHENS, ALABAMA, to approve the request of Charles Christensen for a Certificate to Subdivide for Charles Christensen, a subdivision of + /-0.13 acres off of a lot sized + /-0.37 acres, located at 1000 Levert Avenue, in a TN-2, Traditional Neighborhood 2 District.” Mr. Malone seconded the motion and the vote was unanimous of the voting members present. IV. Resolution Consider the request of Charlie Giovino for a Certificate to Consolidate for Charlie Giovino, a consolidation of two lots sized + / -0.13 acres and + / -0.37 acres to create a lot sized + /- 0.5 acres, located at 1000 Levert Avenue, in a TN- 2, Traditional Neighborhood 2 District. Mr. Griffin stated that staff has reviewed this request and sees no issues. Mr . Hendrix offered the following resolution and moved its adoption: “BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF ATHENS, ALABAMA, to approve the request of Charlie Giovino for a Certificate to Consolidate for Charlie Giovino, a consolidation of two lots sized + / -0.13 acres and + / -0.37 acres to create a lot sized + / -0.5 acres, located at 1000 Levert Avenue, in a TN-2, Traditional Neighborhood 2 District.”  Athens Planning Commission 2020 June 16 Mr. Johnson seconded the motion and the vote was unanimous of the voting members present. V. Public Hearing Consider the request of John Furline for a Final Plat of a Resubdivision of Lot 1 , Tract 1 and Lot 2, Tract 2 of John Furline Subdivision , a subdivision of a lot sized +/-16.2 acres into two lots sized +/- 13.17 acres and +/3.03 acres, located on the east side of Lindsay Lane South, immediately north of Indian Trace Road in an R- l - 1 Single Family Residential District . Mr. Griffin stated that this property abuts a CPUD district to the west . The applicant is requesting to subdivide the property. The property is still currently zoned R- l - 1 . Mr. Hendrix stated that he was concerned about the flag lot shown on the plat . Cady Stewart, 711 Hobbs Street East, with Morell Engineering, the applicant’s representative, stated that the property does not connect to Pike Road . The flag lot is currently existing. No one else spoke for or against the request, therefore the public hearing was closed . VI. Resolution Mr. Herron offered the following resolution and moved its adoption : “ BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF ATHENS, ALABAMA, to approve the request of John Furline for a Final Plat of a Resubdivision of Lot 1 , Tract 1 and Lot 2, Tract 2 of John Furline Subdivision, a subdivision of a lot sized +/-16.2 acres into two lots sized +/-13.17 acres and +/3.03 acres, located on the east side of Lindsay Lane South, immediately north of Indian Trace Road in an R- l - 1 Single Family Residential District.” Mr. Malone seconded the motion and the vote was unanimous of the voting members present. VII. Public Hearing Consider the request of Linton Road LLC. for a Preliminary Plat for Henderson Estates, a major subdivision of + / -14.22 acres into 33 lots, located directly east of 22345 Nick Davis Road , in a C-PUD, Conventional Planned Unit Development District. Mr. Griffin stated that this development had come before the Commission previously at which time it had been withdrawn from consideration due to concerns with drainage. At this time all drainage concerns have been addressed . Staff sees no issues with approval .  Athens Planning Commission 2020 June 16 No one else spoke for or against this request, therefore the public hearing was closed . VIII. Resolution Mr. Herron offered the following resolution and moved its adoption: “BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF ATHENS, ALABAMA, to approve the request of Linton Road LLC. for a Preliminary Plat for Henderson Estates, a major subdivision of + / -14.22 acres into 33 lots, located directly east of 22345 Nick Davis Road , in a C-PUD, Conventional Planned Unit Development District.” Mr. Malone seconded the motion and the vote passed unanimously. IX. Public Hearing Consider the request of Maund Family Farm, LLC. and Cannon Family LLC. for a Final Plat of Maund-Cannon Subdivision , a minor subdivision of + / -107.06 acres into 3 tracts, located on the south side of Roy Long Road approximately 1,000 feet west of HWY 31 South in an R-1-3 Single Family High Density Residential District. Mr. Griffin stated that the subdivision meets the city requirements. No one else spoke for or against the request, therefore the public hearing was closed . X. Resolution Mr. Johnson offered the following resolution and moved its adoption : “BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF ATHENS, ALABAMA, to approve the request of Maund Family Farm , LLC. and Cannon Family LLC. for a Final Plat of Maund-Cannon Subdivision, a minor subdivision of + / -107.06 acres into 3 tracts, located on the south side of Roy Long Road approximately 1, 000 feet west of HWY 31 South in an R-1-3 Single Family High Density Residential District.” Mr. Herron seconded the motion and the vote passed unanimously. XI. Resolution Consider the request of Maund Family Farm, LLC. and Cannon Family LLC. for a Layout of Maund-Cannon Subdivision , a layout for a major subdivision of three tracts of property totaling + / -107.06 acres into a total of 303 lots, located on the south side of Roy Long Road approximately 1, 000 feet west of HWY 31 South in an R-1-3 Single Family High Density Residential District. Mr. Griffin stated that this is coming before the Commission for layout approval only . Staff is requesting a traffic study be preformed prior to preliminary plat. Two streams need jurisdictional determination . A letter was provided asking that interconnectivity be waived .  Athens Planning Commission 2020 June 16 Cady Steward , 711 Hobbs Street East, Morell Engineering, came forward to speak . She stated that the streams have not been delineated . She feels the streams are limiting the developers ability to meet the connectivity requirements. She stated they have stubbed where they could and have taken out knuckles to be replaced with curves. Mr. Johnson asked what it would take to meet the connectivity score. Ms. Stewart stated that it would take a perfect grid . There are wetlands to the west. All around the property is zoned industrial . The property was designed around topographical elements as well . Ms. Garth addressed staff. She asked if this comes back and there is not a named stream present, will the layout change. Mr. Griffin stated that it will . He stated that he did his own rough layout with the streams present and was able to meet the connectivity index. He did state that the developer is providing a slightly different product. Mr. Griffin wanted to check and see if the requirements were too burdensome. He does not believe so. Ms. Garth stated that as for the property being surrounded by Industrial , it was zoned M - l as well before it was rezoned . There are a lot of residential developments in this area as well . Ms. Garth went on to verify that staffs contingencies on this property would be meeting the connectivity requirements, a jurisdictional determination on the streams, and completing a traffic study. Mr. Griffin stated this is correct. Mr. Malone offered the following resolution and moved its adoption : “BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF ATHENS, ALABAMA, to approve the request of Maund Family Farm , LLC. and Cannon Family LLC. for a Layout of Maund-Cannon Subdivision , a layout for a major subdivision of three tracts of property totaling + / -107.06 acres into a total of 303 lots, located on the south side of Roy Long Road approximately 1,000 feet west of HWY 31 South in an R-1-3 Single Family High Density Residential District, contingent upon the property meeting the connectivity requirements, a jurisdictional  Athens Planning Commission 2020 June 16 determination being completed on the streams, and completing a traffic study prior to the preliminary plat coming back before the Commission.” Mr. Hendrix seconded the motion and the vote passed unanimously. XII. Public Hearing Request of Double Head Properties, LLC. for a Preliminary Plat of Old Stone Phase 2, a subdivision of + / -14.69 acres into 20 lots and 2 common area lots, located at the dead- end of Beacon Circle, in an R-1-3 Single Family High Density Residential District. Mr. Griffin stated that staff has review this application and sees no issues. No one else spoke for or against the request, therefore the public hearing was closed . XIII. Resolution Mr. Herron offered the following resolution and moved its adoption: “BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF ATHENS, ALABAMA, to approve the request of Double Head Properties, LLC. for a Preliminary Plat of Old Stone Phase 2, a subdivision of + /-14.69 acres into 20 lots and 2 common area lots, located at the deadend of Beacon Circle, in an R-1-3 Single Family High Density Residential District .” Mr. Malone seconded the motion and the vote passed unanimously. XIV. Resolution Consider the request of Double Head Properties, LLC. for a Final Plat of Old Stone Phase 2, a subdivision of + /-14.69 acres into 20 lots and 2 common area lots, located at the dead- end of Beacon Circle, in an R-1-3 Single Family High Density Residential District. Mr. Griffin stated that staff has review the request and staff sees no issues. Staff would only recommend approval contingent upon receiving all necessary bonds. Mr. Malone offered the following resolution and moved its adoption : “ BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF ATHENS, ALABAMA, to approve the request of Double Head Properties, LLC. for a Final Plat of Old Stone Phase 2, a subdivision of + / -14.69 acres into 20 lots and 2 common area lots, located at the dead- end of Beacon Circle, in an R-1-3 Single Family High Density Residential District. Mr. Johnson seconded the motion and the vote was unanimous of the voting members present.  Athens Planning Commission 2020 June 16 XV. Public Hearing Request of Double Head Properties, LLC. for a Preliminary Plat of Old Stone Phase 3, a subdivision of + / -7.28 acres into 27 lots and 2 common area lots, located at the dead- end of Beacon Circle, in an R-1-3 Single Family High Density Residential District. Mr. Griffin stated that lots 41 -47 do not meet transitional requirements of the Zoning Ordinance. Staff would recommend approval contingent upon the plat meeting the transitional lot requirements as found in Section 6.1 . 10.B of the Zoning Ordinance. No one else spoke for or against the request, therefore the public hearing was closed. XVI. Resolution Mr. Herron offered the following resolution and moved its adoption : “BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF ATHENS, ALABAMA, to approve the request of Double Head Properties, LLC. for a Preliminary Plat of Old Stone Phase 3, a subdivision of + / -7.28 acres into 27 lots and 2 common area lots, located at the dead-end of Beacon Circle, in an R-1-3 Single Family High Density Residential District contingent upon lots 41-47 meeting all requirements found in Zoning Ordinance Section 6.1.10. B. ” Mr. Malone seconded the motion and the vote passed unanimously. XVII. Resolution Consider the request of Elite Properties and Development for approval of a Final Plat for a Re- Plat of Lot 44, Sycamore Square Phase 1 Subdivision , a replat of a single lot to allow for a sign easement, located on Lot 44 within phase one of Sycamore Square Subdivision , in an R- 1-3 Single Family High Density Residential District. Mr. Griffin stated that staff sees no issues with this request and recommends approval. Mr. Hendrix offered the following resolution and moved its adoption: “BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF ATHENS, ALABAMA, to approve the request of Double Head Properties, LLC. for a Preliminary Plat of Old Stone Phase 3, a subdivision of + / -7.28 acres into 27 lots and 2 common area lots, located at the dead-end of Beacon Circle, in an R-1-3 Single Family High Density Residential District contingent upon lots 41-47 meeting all requirements found in Zoning Ordinance Section 6.1.10. B.” Mr. Johnson seconded the motion and the vote passed unanimously.  Athens Planning Commission 2020 June 16 XVIII. Resolution Consider the request of Randall Putman for approval of a Master Development Plan for Randall Putman for a property located directly east of 1030 Washington Street West , in a TN- 2 Traditional Neighborhood 2 District as it relates to requirements in Zoning Ord . para . 6. I.6.A. Mr. Griffin stated that staff has reviewed this request and recommends approval . Mr. Malone offered the following resolution and moved its adoption : “BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF ATHENS, ALABAMA, to approve the request of Randall Putman for approval of a Master Development Plan for Randall Putman for a property located directly east of 1030 Washington Street West , in a TN- 2 Traditional Neighborhood 2 District as it relates to requirements in Zoning Ord. para. 6. I.6.A.” Mayor Marks seconded the motion and the vote was unanimous of the voting members present. XIX. Resolution Consider the request of Elite Properties and Development for approval of an appeal of Design Standards, to replace the required Type “A” buffer due to reverse frontage with a custom landscape plan that includes a 6 foot tall wood privacy fence, evergreens every 4 feet, and Foster’s Hollys and Grancy Grey Beards. This site is located on the northern side of Newby Road , 1500 feet west of Mooresville Road , directly north of 24686 Newby Road in a R-1-3 High Density Single Family Residential District. Mr. Griffin stated the Zoning Ordinance specifically states that Evergreens are required in the design standards. The request shows a more sparse design . Drew Bolton, DR Horton, 415- H Church St. NW Ste 202 Huntsville, AL 35801 , stated that this is a building entrance feature. The evergreen trees choke each other out over time is the main underlying point. DR Horton is offering Fosters Holly which is still an evergreen . Nancy Grey Beards are also shown . The landscaping is under the power line. DR Horton is trying to meet requirements for what can go under power lines. Mr. Malone asked whether substitution is allowed . Mr. Cochran stated that it is allowed for every fourth tree. More broadly, Mr. Cochran stated that he is not sure if a Type “A” buffer is providing what is intended in terms of curb appeal .  Athens Planning Commission 2020 June 16 Mr. Herron asked whether the issue instigating the request is the power lines. Mr. Cochran stated this is correct. Mr. Malone asked for staffs recommendation. Mr. Cochran stated it would be to approve. Mr. Herron offered the following resolution and moved its adoption : “BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF ATHENS, ALABAMA, to approve the request of Elite Properties and Development for approval of an appeal of Design Standards, to replace the required Type “A” buffer due to reverse frontage with a custom landscape plan that includes a 6 foot tall wood privacy fence, evergreens every 4 feet, and Foster’s Hollys and Grancy Grey Beards. This site is located on the northern side of Newby Road, 1500 feet west of Mooresville Road , directly north of 24686 Newby Road in a R-1-3 High Density Single Family Residential District.” Mr. Malone seconded the motion and the vote was unanimous of the voting members present. XX. Public Hearing Consider the request of the City of Athens to rezone + / - 7.844 acres on the east side of Hine Street South , south of Sanderfer Road from M- i Light Industrial District to INST Institutional District for new site for Jimmy Gill Park. Mr. Griffin stated that staff has reviewed the request and sees no issues. This rezoning would place the proposed park in a more appropriate zoning district than an M- 1 , Light Industrial District. No one else spoke for or against the request, therefore the public hearing was closed . XXI. Resolution Mr. Hendrix offered the following resolution and moved its adoption: “BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF ATHENS, ALABAMA, to recommend approval to City Council the request of the City of Athens to rezone + / - 7.844 acres on the east side of Hine Street South , south of Sanderfer Road from M- i Light Industrial District to INST Institutional District for new site for Jimmy Gill Park.”  Athens Planning Commission 2020 June 16 Mr. Herron seconded the motion and the vote passed unanimously. XXII. Resolution Request of the City of Athens for approval of the location, character, and extent for Jimmy Gill Park Pavilion design , located directly north of 2345 Hine Street South , in an M - i Light Industrial District. Mr. Griffin stated that the location is just south of the original park . He stated the goal is to get back what was there before in roughly the same location . Mr. Herron offered the following resolution and moved its adoption: “ BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF ATHENS, ALABAMA, to approve the request of the City of Athens for approval of the location , character, and extent for Jimmy Gill Park Pavilion design , located directly north of 2345 Hine Street South , in an M -i Light Industrial District.” Mr. Malone seconded the motion and the vote passed unanimously. XXIII. Public Hearing Consider the request of the Engineering Services and Community Development Department for various proposed amendments to the Zoning Ordinance of the City of Athens. Mr. Cochran went through the proposed Zoning Ordinance amendments ( Attachment A ) Keith Griffin, 17577 Oakdale Road , spoke on behalf of the Athens- Limestone Home Builders Association . He stated they support the sidewalk fund 100% . Kenny Winter, 12017 Southern Charm Blvd , stated that he would support it with an 80% contribution instead of 60%. He stated this gives the city funds to build improvements where needed. He gave an example on Frazier Street where this fund would have been an asset to the City to have. Ms. Garth thanked them for their input. Billy Cannon , 2387 S. Hine Street, stated he wanted more information on the miniumum parking requirements for service stations and how it will impact existing stations. Ms. Garth stated that this will actually decrease the required amount of parking, correct? Mr. Cochran stated that this would be correct . It allows for parking beside the pumps to count towards the required amount of parking for the gas station .  Athens Planning Commission 2020 June 16 Cady Stewart with Morell engineering came forward to ask how stream buffers will affect subdivisions. Mr. Griffin stated that the proposal creates zones. There are several places in Alabama that do something similar. What is proposed is very permissible. Trails, for example, can be located within the buffers. This still allows for interconnectivity, vegetation, etc. Staff would not want to see a permanent structure within the buffer though . Ms. Stewart asked whether they could be counted towards common area. Mr. Griffin stated that they could be counted towards common area. Mr. Hendrix asked to revisit the sidewalk issue. He asked if a development were to build where this is never going to be a sidewalk, why should they pay into this fund ? Ms. Garth stated that there is no way to look at a property and state for certain that there will never be sidewalk there. Mr. Winter stated that all new development show sidewalks. Hard to state that there will never be a sidewalk somewhere. Mr. Winter stated his money is better served going to other places in the community . It saves him 20% that he would otherwise have to pay and he would like to see it used to enhance our city . He stated that in the long run it helps builders to invest in the city. He stated that Mr. Keith Griffin thinks the same way for the Home Builders Association . Lets put our money where it will build value. Mr. Michael Griffin , 4075 Christopher Circle, spoke on behalf of himself and his family. He stated that this is an investment in the community without any direction . He stated he thinks of sidewalks as roads. Without a plan that shows where the sidewalks will go, there’s no direction for investment. He would like to see this tied to the FLUP. Mr. Hendrix asked who administers the fund . Mr . Cochran stated it would go to the City Clerk. Mr. Winter stated that as someone who would be constantly contributing, he would like to see a pool of projects. There would a quarterly or semi-annual project chosen from pool . No one else spoke for or against the request, therefore the public hearing was closed . XXIV. Resolution Mr. Herron offered the following resolution and moved its adoption : “BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF ATHENS, ALABAMA to recommend approval to City Council the request of the Engineering Services  Athens Planning Commission 2020 June 16 and Community Development Department for various proposed amendments to the Zoning Ordinance of the City of Athens.” Mr. Johnson seconded the motion and the vote passed unanimously. XXV. Adjourn There being no further business, the meeting was adjourned. \ airperson ESK cretary