Planning Commission

Planning Commission Special Called Meeting (IN-PERSON) MINUTES Date: July 6, 2021 Work Session at 5:00PM and Special Called Meeting at 5:45PM Location: City of Athens City Hall Council Chambers Address: 200 Hobbs Street W, Athens Alabama The Commissioners, applicants and the public were allowed to participate in-person. Also present: James Rich (Public Works Director) Matt Davidson (City Planner) and Lakeisha Johnson (Planner) were also present. Call Meeting to Order The meeting of the Planning Commission was called to order at 5:45PM by the Chairwoman, Gina Garth. Roll Call of Appointed Commissioners The following Board Members were present: - Mrs. Gina Garth (Chairwoman) - Mr. Rick Johnson (Vice Chairman) - Mr. Venard Hendrix (Commissioner) - Mr. Robert Malone (Commissioner) - Mrs. Dana Henry (Commissioner) - Mr. Roderick Herron (Commissioner) - Mayor Ronnie Marks (Commissioner) arrived at 6:08PM - Brad Mallette (Commissioner) - Chief Allen Hogan (Fire) APPROVAL OF MINUTES – No Minutes to Approve OLD BUSINESS – NO OLD BUSINESS NEW BUSINESS 1.) Presentation by Mr. Jimmy Junkin (Water & Sewer Manager) – 10-minute presentation MINOR SUBDIVISION 2.) Public Hearing. Request of Nash Reddy for Preliminary and Final approval of a plat for Fuel City renamed Tanner Crossing Subdivision located at the southwest corner of Huntsville Brownsferry Road, Tanner, AL, zoned B-2 General Business District. B) Resolution -Mrs. Garth opened a public hearing for the above request (Item #2) of Nash Reddy for Preliminary and Final approval of a plat for Fuel City renamed Tanner Crossing Subdivision located at the southwest corner of Huntsville Brownsferry Road, Tanner, AL, zoned B-2 General Business District. - Mr. Davidson explained the applicants request, and the ROW taken by ALDOT, and staff recommends approval of the applicants request. -Mrs. Garth, who is here on behalf of this development? 1  Planning Commission Special Called Meeting (IN-PERSON) MINUTES Date: July 6, 2021 Work Session at 5:00PM and Special Called Meeting at 5:45PM Location: City of Athens City Hall Council Chambers Address: 200 Hobbs Street W, Athens Alabama -Mr. Nathan Tomberlin (Pugh Wright McNally) spoke on behalf of the applicants request and explained the restructuring of the lot and the ROW, and the consolidation plan. - Mrs. Garth, any questions or additional comments or concerns from the public? Anyone opposed to this request? - No Comments -Mrs. Garth, declared the public hearing closed. -Mrs. Garth – do I have a member of the Commission to approve the request for approval. -Mr. Johnson made the motion to approve the applicants request. “BE IT RESOLVED THE PLANNING COMMISSION OF THE CITY OF ATHENS, ALABAMA, consider the request of Nash Reddy for Preliminary and Final approval of a plat for Fuel City renamed Tanner Crossing Subdivision located at the southwest corner of Huntsville Brownsferry Road, Tanner, AL, zoned B-2 General Business District.” Mr. Malone seconded the motion and the request was approved unanimously. REZONES 3.) Public Hearing. Consider recommending to the Council the Request of the Estate of John W. Johnson and Allen Shaw to rezone approximately 12.23 acres located off of Eidson Street from M-1 Light Industrial to R-1-2 Medium Density Single-Family Residential. B) Resolution. -Mrs. Garth opened a public hearing for the above request consider recommending to the Council the Request of the Estate of John W. Johnson and Allen Shaw to rezone approximately 12.23 acres located off of Eidson Street from M-1 Light Industrial to R-1-2 Medium Density Single-Family Residential. -Mr. Davidson explained the applicants request, staff recommends approval of the applicants request. - Mrs. Garth, who is in here on behalf of the Estate of John W. Johnson and Allen Shaw? Who submitted the request? - Mr. Davidson, Mark Anderson submitted the request but he was not present. -Mrs. Garth, who is in here in favor of the applicants request? any questions or additional comments or concerns from the public? - No Comments -Mrs. Garth, declared the public hearing closed. -Mrs. Garth – do I have a member of the Commission to approve the request for approval. -Mayor Marks made the motion to approve the request for approval. “BE IT RESOLVED THE PLANNING COMMISSION OF THE CITY OF ATHENS, ALABAMA, consider recommending to the Council the Request of the Estate of John W. Johnson and Allen Shaw to rezone approximately 12.23 acres located off of Eidson Street from M-1 Light Industrial to R-1-2 Medium Density Single-Family Residential.” -Mr. Herron seconded the motion and the request was approved unanimously. 4. Public Hearing. Recommend to Council the Request of Mark Gamble and Gerald Gamble to rezone +/- 80.4 acres of property from EST Estate Residential and Agricultural District to C-PUD Conventional Planned Unit 2  Planning Commission Special Called Meeting (IN-PERSON) MINUTES Date: July 6, 2021 Work Session at 5:00PM and Special Called Meeting at 5:45PM Location: City of Athens City Hall Council Chambers Address: 200 Hobbs Street W, Athens Alabama Development District, AND ALSO the adoption of the Master Plan for Summerfields at the Gamble House. WITHDRAWN BY THE APPLICANT Resolution. 5.) Public Hearing. Consider recommendation to the Council for the request of Dry Creek Capital Investments LLC to rezone +/- 64.9 acres of property at 2075 US Hwy 31 S from EST Estate Residential and Agricultural District to R-2 Multiple Family Residential District, AND ALSO to adopt the Master Development Plan of Strain Property Multi-Family. Resolution. -Mrs. Garth opened a public hearing for the above request consider recommending to the Council the for the request of Dry Creek Capital Investments LLC to rezone +/- 64.9 acres of property at 2075 US Hwy 31 S from EST Estate Residential and Agricultural District to R-2 Multiple Family Residential District, AND ALSO to adopt the Master Development Plan of Strain Property Multi-Family. -Mr. Davidson – explained the applicants request, the subject property is surrounding by estate and agricultural zoning to the West and the North the property located to the East is currently under review for rezone R-1-3 and directly to the South there was property rezoned R-1-3 within the last year. Also proposes access to US HWY 31 and shared access to Strain RD property to the South, service utilities are also available and they will be required to provide 10% of open space a Type A landscape buffer will be required, the project will be done in one phase. Staff supports the applicants request and recommend approval. -Mrs. Garth, will we require connectivity? -Mr. Davidson, Yes, to the property to the South. -Mrs. Garth, will this come back to us for a layout? -Mr. Davidson, yes if this is approved by Council it will be required to come back to the Planning Commission for layout etc. -Mrs. Garth, where signs posted and was there any opposition from neighbors? -Mr. Davidson, Yes signs were posted and our office has not received opposition. -Mrs. Garth, who is here on behalf of this development? -Mr. Taz Morell (Morell Engineering, 711 Hobbs St E, Athens, AL 35611) spoke on behalf of the request. - Mrs. Garth, any questions or additional comments or concerns from the public? Anyone opposed to this request? -Mrs. Garth, declared the public hearing closed. -Mrs. Garth, do I have a member of the Commission to recommend approval of the request to City Council for approval. -Mr. Herron made the motion to approve the request for approval. “BE IT RESOLVED THE PLANNING COMMISSION OF THE CITY OF ATHENS, ALABAMA, consider recommendation to the Council for the request of Dry Creek Capital Investments LLC to rezone +/- 64.9 acres of property at 2075 US Hwy 31 S from EST Estate Residential and Agricultural District to R-2 Multiple Family Residential District, AND ALSO to adopt the Master Development Plan of Strain Property Multi-Family.” -Mr. Hendrix, seconded the motion and the request was approved unanimously. 3  Planning Commission Special Called Meeting (IN-PERSON) MINUTES Date: July 6, 2021 Work Session at 5:00PM and Special Called Meeting at 5:45PM Location: City of Athens City Hall Council Chambers Address: 200 Hobbs Street W, Athens Alabama 6. Public Hearing. Consider recommendation to the Council the request of James M. Newby, Jerry A. Newby, and Susan Ming to rezone +/- 234.42 acres of property on the eastside of Cambridge Lane mostly south of French Mill Creek, known as a portion of Lot 12 of Athens-East Subdivision, from EST Estate Residential and Agricultural District to R-1-3 High Density Residential District. Resolution. -Mrs. Garth opened a public hearing for the above request consider recommending to the Council the request of James M. Newby, Jerry A. Newby, and Susan Ming to rezone +/- 234.42 acres of property on the eastside of Cambridge Lane mostly south of French Mill Creek, known as a portion of Lot 12 of Athens-East Subdivision, from EST Estate Residential and Agricultural District to R-1-3 High Density Residential District. -Mr. Morell, spoke about the project and provided background on the site and a brief presentation. Mr. Morell stated that this development is compatible with surrounding developments in the area, the Newby family gave the city easements years ago for future development. The issues of the traffic and the development patterns from I65 to HWY 31 the Department of Transportation (DOT) has a project construction now. Cambridge Lane to the S intersects with that five-lane project. We are accustomed to utilizing US HWY 72, we do have a traffic study underway and promised an executive summary to Council. There are multiple open spaces, setbacks and open space requirements that have changed very recently to be less dense and more compatible with Green space etc. -Mrs. Garth, What is the orientation of this property and is this the entire development? -Mr. Morell, No, Cambridge Lane is at the bottom of other subdivisions. -Mrs. Garth, several of you are here regarding this request, I ask that anyone who has comments to please address them during the public hearing. - Mrs. Malinda Rowe, (13569 Cambridge Lane) discussed the family history of the Rowe family and other families in the area, her education 26 + years in public health, she discussed the open space and how it will be gone forever, we have to preserve some of Limestone County and Athens Alabama, she discussed the background on the church and other entities within the area. She will hate to see the level of pollution that will occur because of this development. Mrs. Rowe stated that 700 units was unacceptable and the issue of the open space is a resource there is not plenty of open space in this area, once the open space is gone it is gone forever. There is more open land outside of this area, traffic is another issue and someone is going to die at that intersection of 72 and Cambridge LN. Discussed the current comprehensive plan and how the City is supposed to protect resources, edge management etc. Mrs. Rowe also discussed Wrangler jeans, how individuals have saved their money 10-20 years and now they are facing all these potential rooftops. - Mrs. Sue Ridinger, (Resident, 24188 Newby Road) stated that they are being boxed in, our issues are the internet service, we have limited service, ditches are filling up with water and debris, the water is backing up into our year and flooding my front yard and my neighbor’s house each time it rains, spoke to the Engineering department to get this taken care of and things still are not being addressed. -Ms. Tina Higgins (Resident, 24134 Newby Road), the drainage is my biggest concern, they a built a detention pond that was supposed to help with the drainage, this is causing major issues and seeing a similar design concerns me because we already have drainage issues. -Mrs. Garth, asked about the drainage and where the water is coming from? -Mrs. Higgins, from what I believe -Mrs. Garth, James (Public Works Director) do you have any comments or insight regarding the drainage? 4  Planning Commission Special Called Meeting (IN-PERSON) MINUTES Date: July 6, 2021 Work Session at 5:00PM and Special Called Meeting at 5:45PM Location: City of Athens City Hall Council Chambers Address: 200 Hobbs Street W, Athens Alabama -Mr. Rich, he knew Michael Griffin (City Engineer) had insight on the drainage issues, however he has left the City of Athens and he will follow-up. -Mr. Mallette, asked about the topography. - Mrs. Rachel Bloemer (Resident, 24521 Silent Springs Drive), my major concern is the school, we are already at capacity K-3 at Brookhill elementary, how are we managing the capacity, also we purchase our home because of the view. I grew up in Athens and I don’t want to go anywhere. -Mr. Steve Cundiff (Resident, 12765 Cambridge Lane) we moved in this area 3 weeks ago on Cambridge Lane, our issues and concerns are the traffic, police and fire accessibility, we couldn’t purchase a fire hydrogen on our property, also the impact study – we are going to send all our tax revenue to Huntsville and Madison. My parcel sits two parcels South outside the City limits, if there is an opportunity to potentially annex in the future we will consider it. -Judy (Resident, 14171 Cambridge LN), back up what Mrs. Rowe said, I have lived there 42 years, I am concerned about the traffic, someone is going to die at the intersection, the road cannot handle this level of capacity. -Mrs. Garth, Anyone else here who would like to speak for or against the request? -Mrs. Garth, Taz (Morell Engineering) would you like to respond regarding residents’ concerns? -Mr. Morell (Morell Engineering), addressed Mr. Mallette’s question about the drainage and there is an 80- acre tract that is in the County, Newby Farms is north of the 80-acre tract and it drains to the North and to the creek. Wanted to clarify that the traffic, the new expressway will take to US HWY 31 and traffic will be diverted in different directions and they will also use Huntsville Brownsferry RD. -Mrs. Garth, asked if there were any other questions or comments, the public hearing was closed. -Mrs. Garth, do I have a member from the Commission to move to recommend approval of the applicants request. -Mr. Malone, asked what was the City’s recommendation? -Mr. Davidson, the City recommends approval. -Mr. Malone, moved to approve the request to Council even though this is a touchy one. -Mr. Mallette, seconded the motion -Mayor, reiterated that traffic on Cambridge Lane and US HWY 72 is a danger, we met today with our school system regarding our school’s growth, this is a very challenging thing, we know we need a fire station, we are looking at properties now and addressing issues the best way we can. -Mr. Johnson, Thank you coming out to express your concerns, I have those same concerns, I’m hoping our future land use plan is developed wisely, look at our development patterns, I have never been a fan of high- density development, we need to find a way to manage it and minimize impacts. -Ms. Candy Bake (Resident) comment we are not opposed to development, we just want the right kind of development. -Mrs. Garth, stated that she had a mover (Mr. Malone) and a seconded (Mr. Mallette) and provided some additional thoughts were provide by the Commissioners. “BE IT RESOLVED THE PLANNING COMMISSION OF THE CITY OF ATHENS, ALABAMA, consider recommendation to the Council the request of James M. Newby, Jerry A. Newby, and Susan Ming to rezone +/- 234.42 acres of property on the eastside of Cambridge Lane mostly south of French Mill Creek, known as a portion of Lot 12 of 5  Planning Commission Special Called Meeting (IN-PERSON) MINUTES Date: July 6, 2021 Work Session at 5:00PM and Special Called Meeting at 5:45PM Location: City of Athens City Hall Council Chambers Address: 200 Hobbs Street W, Athens Alabama Athens-East Subdivision, from EST Estate Residential and Agricultural District to R-1-3 High Density Residential District. The motion was approved 6-2 Mr. Rick Johnson (Vice Chairman) -No Mr. Venard Hendrix – Yes Mrs. Dana Henry - No Mr. Robert Malone - Yes Mr. Roderick Herron - Yes Mayor Ronnie Marks - Yes Brad Mallette (Commissioner) - Yes Chief Allen Hogan (Fire) – Yes -Mr. Johnson, explained his no vote and stated that we have our work cut out for us. -Mrs. Garth, hopefully our land use plan will help guide us and we only make the recommendation to the City Council makes the final decision we the Planning Commission make the recommendation. The Planning Commission meeting adjourned at 7:20PM by Chairwoman, Mrs. Garth. APPROVED & SIGNED ATTEST: APPROVED & SIGNED Chairwoman (Mrs. Gina Garth) Secretary (Mrs. Lakeisha Johnson 6