Planning Commission

Athens Planning Commission 2020 September 15 Per the directive of Chairperson Gina Garth, this meeting was conducted pursuant to Section 3 of Governor Kay Ivey’s March 18, 2020 Proclamation concerning the operation of the Open Meetings Law during the state of emergency related to COVID- 19. All deliberations conducted , and actions taken, during the meeting were limited to matters within the Planning Commission’s statutory authority that are (a) necessary to respond to COVID-19, or ( b) necessary to perform essential minimum functions of the Planning Commission. As such, some members of the Planning Commission may have physically attended the meeting at the Council Chambers at City Hall at 200 W . Hobbs Street, and other members of the Planning Commission may have participated in this meeting by means of electronic communications. Additionally, the meeting was not open to physical presence by members of the general public, but the meeting was live streamed so that the public (including any applicant or other person interested in any agenda item ) was able to listen, observe, and participate in the meeting without being physically present Persons interested in doing so were able to utilize the ZOOM meeting invitation and /or meeting phone number found on the Planning Commission page of the City of Athens website, and contact mcochran@athensal . us with any additional questions for how to do so. No less than twelve ( 12 ) hours after the meeting, the City is to post a summary of the meeting on its website . Call to Order: The Planning Commission of the City of Athens, Alabama was called to order by Vice Chairman Rick Johnson, at 5:45 p.m. on September 15, 2020. This meeting was held online via Zoom. Roll Call. Members present: Members absent: Rick Johnson, Vice Chairman Gina Garth, Chairman Venard Hendrix Mayor Ronnie Marks Roderick Herron Jerold Blaxton Robert Malone Interim Chief James Hand Also present: James Rich, Public Works Director Michael Griffin, City Engineer Micah Cochran, GIS Coordinator APPROVAL OF MINUTES: II. 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 approve the minutes of the Planning Commission meetings for July 21, 2020 and August 18, 2020.”  Athens Planning Commission 2020 September 15 Mr. Hendrix seconded the motion and the vote was unanimous of the voting members present. OLD BUSINESS None NEW BUSINESS CERTIFICATES II. Resolution Considering the request for a Certificate to Consolidate on Irvin Street. Mr. Griffin advised that this item is give minimum required lot frontage to build on the lot. No issues from staff. 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 Valleywide Properties, LLC for a Certificate to Consolidate lots 20 & 21 Block B of the Maplewood Subdivision into a combined tract of 0.16 acres, located on the west side of Irvine Street, south of 803 Irvin Street, in a TN-2 Traditional Neighborhood 2 District.” Mr. Malone seconded the motion and the vote was unanimous of the voting members present . SUBDIVISIONS III . Public Hearing Request of Henderson Development Group LLC for a Preliminary & Final Plat of King Estate Subdivision a minor subdivision of + / - 114.3 acres into 2 tracts, located on the south side of Pepper Road, about 1/ 4 mile east of Line Road in an EST Estate Residential and Agricultural District. Mr. Griffin advised property adjoins Piney Creek on eastern boundary of City Limits. It is anticipated that this property will be further subdivided in the future . Does not have sewer at this point in time. Staff has reviewed and has no issues. No spoke for or against the request, therefore the public hearing was closed. IV. Resolution Mr . Malone offered the following resolution and moved its adoption :  Athens Planning Commission 2020 September 15 “ BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF ATHENS, ALABAMA , to approve the request of Henderson Development Group LLC for a Preliminary & Final Plat of King Estate Subdivision a minor subdivision of + / - 114.3 acres into 2 tracts, located on the south side of Pepper Road, about 1/ 4 mile east of Line Road in an EST Estate Residential and Agricultural District.” Mr. Herron seconded the motion and the vote was unanimous of the voting members present. V. Public Hearing. Consider the request of Pepper Road Estates, LLC for a Preliminary Plat of Founders Pointe, a major subdivision of + / -34 acres into 50 lots, located on the North side of Pepper Road, about 3,000 feet east of Lindsay Lane, immediately east of Cantera Place Subdivision in an R-1-3 High Density Single Family Residential District. Mr. Griffin advised . Recently rezoned to an R-1 -3 . Situated between Cantera Place to the west, and EST District to the east. Connections to the east are adequate . The drainage will be monitored . The engineer will provide a detail for the proposed berm system and there will be no net increase of drainage to the adjoining property owner. This will not not negatively affect the adjoining property. Staff recommends approval. Kenny Winter, developer, wants to be able to divide lots 49 and 50 into lots that are similar to the rest of the subdivision. [Lots 49 and 50 are large lots on the eastern portion of the property, which adjoin Mr. Marbuf s property.] Mr. Griffin: Micah, could a common area lot provide a step-down /transition area? Mr. Cochran did not know . Mr. Winter: the adjacent property owners are “on-board ” with the development because it could increase their property values. If everyone is on-board with it, there should be a step in place in which they can have smaller lots In order to develop lots 49 and 50, he is being told that Mr. Marbuf s property has to be rezoned to R - l - 1 in order for Mr. Winter to developed these into smaller lots. Mr. Marbut may not want to rezone his property to R- l -1 , which may result in unintended consequences for Mr. Marbut. There should be some sort of variance to allow development to take place with smaller lots. This case does not make sense for what is right here. The land is expensive, and he cannot sell lots 49 and 50 for enough to recoup investment .  Athens Planning Commission 2020 September 15 Mr. Johnson there is a process with the Board of Zoning Adjustment and request a variance to further develop this. Mr. Herron asked Mr. Giffin in case the drainage doesn ’t work about there being a one year bond in place . Mr . Griffin explained maintenance bond program for streets and drainage. The city eventually takes control of streets and drainage. If improvements are not to our standard, it will be the developer’s responsibility to fix it. This development is atypical in regard to detention facilities. If we see an increase of runoff that negatively affects the Marbut property, we would address it at that point in time. Mr. Hendrix: What is on the east side of the property adjoining lots 49 and 50? Mr. Winter: This is Mr. Marbut’s property. There is 50- 60 acres of property for his son, which might be for a house, but they don ’t know what they want to do with it. They do not want to sell it at this point in time. The property is zoned EST Estate and Agricultural District. The smallest lot that he can do is 2.4 acres to step down. There will be a stub-out so that provides access in case the property is ever developed that there is access. Mr. Hendrix: is the stub out where the drainage will come out? Mr. Winter : No, sir. The drainage is in the drainage easement across the back of lots 49 and 50. Mr. Griffin: He’s proposing to detain some of that water drainage in a berm system and return it to the original sheet flow, since it was pasture land . The berm will fill up and have riprap and return to a sheet flow instead of pipe on grade. Mr. Winter, property naturally drains from west to east . The design is intended to replicate the existing flow along the east side. No one else spoke for or against the request, therefore the public hearing was closed . VI. Resolution. Mr. Hendrix: Will the resolution have contingencies? Mr . Johnson : No. Mr . Winter explained the City will hold a maintenance bond for a period of 1 year after developed . In the case that the drainage improvements do not work, the maintenance bond will cover the costs of fixing it within that 1 year period . This covers the City on every development the City does. Mr. Hendrix: Should that be mentioned?  Athens Planning Commission 2020 September 15 Mr. Johnson: No, that’s just part of the bond process , Bonds are a requirement for every subdivision . 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 Pepper Road Estates, LLC for a Preliminary Plat of Founders Pointe a major subdivision of + / -34 acres into 50 lots, located on the North side of Pepper Road, about 3,000 feet east of Lindsay Lane, immediately east of Cantera Place Subdivision in an R-1-3 High Density 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 Lynn Persell Home Builders for a Preliminary Plat of Cloverleaf Village Subdivision a major subdivision of +/-21.59 acres into 49 lots, located on the west side of Cloverleaf Drive in an R- 1 -3 Single Family High Density Residential District. Mr. Griffin, this property has floodplain within the development and there will be no fill in the floodway. A Floodplain Development Form has been submitted for lots in the floodplain . There are three detention areas on this site. Staff has reviewed this item and has not issues. Taz Morell , project engineer, representing the developer was present. No spoke for or against the 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 Lynn Persell Home Builders for a Preliminary Plat of Cloverleaf Village Subdivision a major subdivision of + /-21.59 acres into 49 lots, located on the west side of Cloverleaf Drive in an R-1-3 Single Family High Density Residential District.” Mr. Malone seconded the motion and the vote was unanimous of the voting members present .  Athens Planning Commission 2020 September 15 REZONINGS IX. Public Hearing Consider the request of James and Cheryl Smith for recommendation to the City Council of the City of Athens to rezone + / -14 Acres of property located on the north side of West Hobbs Street, immediately east of Theressa Private Drive, parcel no. 44-10-03-06-3-000-015.000, from the R-1-2 Medium Density Single Family Residential District to the R-2 Multiple Family Residential District; AND ALSO a request to approve the Hampton Court Townhomes Master Plan. Mr. Griffin advises. This is located across the street from Cowart Elementary School. It abuts Hobbs Street Church of Christ and our Redbud regional detention pond . Theressa Private Drive, a private street, is on the western boundary. There is a master site plan, there is a proposed park with a walking trail and stormwater detention pond. We are working on options. I believe the northern area is a low-lying area. There should be a contingency that there should be a stub to the north, unless there are wetland areas. A stub to the north would open up development to other properties. Also, this will require a traffic study . Mr. Johnson: So, this item needs to be contingent upon a stub-out to the north and a traffic study. Mr. Griffin: Yes Mr. Malone: Was the developer aware of these contingencies? John Huggins, developer: yes, we were aware of the issues. Mr. Hendrix: Do you have an issue with connection to Market Street? Mr. Huggins: No, this is the first time he had heard of this, and he would need to run this by their engineer. Mr. Johnson : Is this to be worked out on the master plan or the site plan? Mr. Griffin : Site plan, we want to make sure that this is available for the site plan, if it is an option. It would make the connecting land much more valuable. Mr. Rich: Does this not go back before the Planning Commission since it is an apartment complex? Mr. Cochran : It does not go back before the Planning Commission.  Athens Planning Commission 2020 September 15 Mr. Rich: The rezoning goes before the City Council. The Master Development plan that goes before the City Council should reflect if it is feasible to stub to the north . It needs to be contingent upon or bring it back Mr. Rich: Is it feasible to stub to the north ? And the location of that stub. The Deer Trail Subdivision , a townhouse development, is to the north . There could be some connectivity to that development. Recommend it either come back before you or be addressed before the City Council . If it is not a major time issue for the developer, I would recommend that it come back before the planning commission. Mr . Johnson stated that we are being asked to put a contingency plan Mr. Johnson asked to do this as drawn with a contingency to be stubbed to the north . Mr. Griffin we do not want to lose the opportunity to stub north, if possible. Mr. Rich : Can the developer speak to tabling for 30 days? Mr. John Huggins: If that is the Planning Commission ’s wish, we can accommodate. Mr. Mike Huggins: Time is relevant because this property is under contract to purchase. Mr. Johnson: Can the master development plan and the rezoning be separated ? Mr. Rich: No, the master plan is required for the rezoning to the R-2 District . Mr. Griffin: A question for the developer. There may be a possibility to use the City’s regional detention with some minor upgrades, but if that detention area goes away, there is nothing preventing a connection to the north . Mr. John Huggins: We are still researching that possibility. If that does not work out, we were planning to go with the master plan as drawn. Mr. Mike Huggins: The detention pond was sited in a low lying area. Mr. Rich: Could you combine the detention pond with the proposed park area? Mr. Mike Huggins: There’s potential in that. Mr. Rich: The interconnectivity possibility would be prudent if it is at all feasible. No one else spoke for or against the request, therefore the public hearing was closed. . X Resolution  Athens Planning Commission 2020 September 15 Mr. Malone: There seem to be questions. This item is time essential. There seem to be issues that Mr. Griffin has brought up that cannot be resolved at this meeting. Mr. Hand: I agree. I have no issues with the rezoning, but the connectivity I am unsure about. Mr. GriffimThere are minor changes that can occur through a process. I have been told that the area to the north is a low lying restrictive area, possibly a wetland, and it may not be possible to be connected. Mr. Rich: Could be handled as a limited amendment. Mr. Herron : I do not think we hold this up for 30 days. It could be handled as a limited amendment. Mr. Cochran: Zoning Ordinance provides a process of limited amendment for “substantial changes in circulation or access”. A limited amendment would have to come back before the Planning Commission for approval. Mr. Hendrix: Could we not approve this and give City Departments the opportunity to make the final decision, so it would not have to come back to the Planning Commission? Mr. Rich: It could come back to you as a limited amendment. If we did decide they could stub to the north, it would be a revision to the master plan as a limited amendment coming back before the Planning Commission. Mr. Johnson : This keeps the process moving forward . 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 James and Cheryl Smith for recommendation to the City Council of the City of Athens to rezone + / -14 Acres of property located on the north side of West Hobbs Street, immediately east of Theressa Private Drive, parcel no. 44-10-03-06-3-000-015.000, from the R-1-2 Medium Density Single Family Residential District to the R-2 Multiple Family Residential District; AND ALSO a request to approve the Hampton Court Townhomes Master Plan, BOTH ITEMS CONTINGENT upon a traffic study being performed.” Mr. Herron seconded the motion and the vote was unanimous of the voting members present. XI. Public Hearing Request of Tanner Park LLC, Narender Reddy Edulakanti, and Suneetha Madisetty for recommendation to the City Council of the City of Athens to  Athens Planning Commission 2020 September 15 rezone + / -1.45 Acres of property located at 11915 US Highway 31, south of Huntsville Brownsferry Road, parcel nos. 44-16-02-04-0-001-003.000 and 44-16-02-04-0-001- 008.004) , from the R-1-1 Low Density Single Family Residential District and the B-2 General Business District to the B-2 General Business District. Mr. Griffin advised that this enlarges B-2 district. This is a direct result of Alabama Department of Transportation’s widening Huntsville-Brownsferry Road and condemning some properties around this intersection . Staff has reviewed this and has no issues. No one spoke for or against the request, therefore the public hearing was closed. XII. 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 Tanner Park LLC, Narender Reddy Edulakanti, and Suneetha Madisetty for recommendation to the City Council of the City of Athens to rezone + / -1.45 Acres of property located at 11915 US Highway 31, south of Huntsville Brownsferry Road, parcel nos. 44-16-02-04-0-001-003.000 and 44-16-02- 04-0-001-008.004), from the R-1-1 Low Density Single Family Residential District and the B-2 General Business District to the B-2 General Business District.” Mr. Hendrix: Will the Fuel City move to the south? Mr. Griffin : It will move, the building is being condemned . Staff has not seen a site plan for this. Mr. Hendrix seconded the motion and the vote was unanimous of the voting members present. XIII. Adjourn There being no further business, the meeting was adjourned. <£& c J ATTEST: Secretary