Planning Commission

Planning Commission Agenda Regular Meeting December 19, 2023 5PM Work Session and 5:45 Regular Meeting Location: Athens City Hall, Council Chambers, 200 Hobbs Street West, Athens, AL * The Planning Commission Chair will now be available to sign documents on the 3rd Tuesday morning of the Planning Commission meeting and the 4th Thursday. Plan to have your signature-ready-documents to the Planning & Zoning Office on and/or before these dates. CALL TO ORDER ROLL CALL APPROVAL OF MINUTES ➢ Regular Meeting Minutes - November 21, 2023 T R OLD BUSINESS . ➢ None. AF ITEMS WITHDRAWN FROM THIS MONTH’S AGENDA ➢ Item #4: Rezone request of Ken Garner and Kennemer R. Bates ➢ Item #8: Final plat approval of Swan Woods NEW BUSINESS Site Plan (1) 1.) Resolution. Request of Michael Grisham for a Sign Site Plan approval of Taco Bell Digital Billboard, located at 1625 U.S. Highway 72 East (Parcel #: 44-10-05-15-1-000-004.003), zoned D B-2 (General Business District). The applicant is requesting for a digital conversion to the east side of the existing billboard. ➢ Resolution. Zoning (2) 2.) Public Hearing. Consider for recommendation to the City Council the request of The Healthcare Authority of the City of Huntsville for the Zoning Approval of +/- 117.23 acres of property located directly west of U.S. Highway 31 South and approximately 850’ north of Huntsville Brownsferry Road (Parcel # 44-10-08-33-0-000-010.000) to be zoned INST (Institutional District). 1  Planning Commission Agenda Regular Meeting December 19, 2023 ➢ Resolution. 3.) Public Hearing. Consider for recommendation to the City Council the request of Ben McPherson to Rezone +/- 0.84 acres of property located directly north of Elm Street West and approximately 825’ west of Edgewood Road (Parcel # 44-07-09-31-4-000-005.003), from EST (Estate Residential and Agricultural District) to INST (Institutional District). ➢ Resolution. T 4.) Public Hearing. Consider for recommendation to the City Council the request of Ken Garner and Kennemer R. Bates to Rezone +/- 46.37 acres of property located directly south of Roy Long Road East and approximately 3,600’ west of U.S. Highway 31 South (Parcel # 44-10-09-29-0-000-002.000), from M-1 (Light Industrial District) to R-1-3 (High Density Single R Family Residential District). WITHDRAWN BY APPLICANT DECEMBER 11, 2023 Preliminary Plat (1) AF 5.) Public Hearing. Request of JC Development Company, LLC for Preliminary Plat Approval of Bainbridge Subdivision, Phase 3, a major subdivision of +/- 38.5 acres into 83 lots, located directly west of Interstate-65 and approximately 600’ east of Athens Limestone Blvd., (Parcel #: 44-10-02-10-3-000-014.000), zoned R-1-5 (Single Family Townhouse Attached Residential District). ➢ Resolution. Minor Plat (2) 6.) Public Hearing. Request of Dutch Oil Company and Magnum Portfolio, LLC for Minor D Plat Approval of Sprint Mart, a minor subdivision creating 1 lot comprising +/- 3.07 acres located directly north of U.S. Highway 72 West, directly east of Glenn Valley Drive East, and approximately 381’ west of Lucas Ferry Road (Parcel#s: 44-11-01-12-4-000-018.000, 44-11-01-12-4-000-009.007, 44-11-01-12-4-000-009.009), zoned B-2 (General Business District). ➢ Resolution. 7.) Public Hearing. Request of Ronnie G. Coffman for Minor Plat Approval of A Replat of Lots 1-27, Block 4, B.A. Shaw Subdivision, a minor subdivision of +/- 5.47 acres into 11 lots located at 307 Thomas Street (Parcel# 44-10-02-09-2-001-081.000), 309 Thomas Street (Parcel# 44-10-02-09-2-001-080.000), 311 Thomas Street (Parcel# 44-10-02-09-2-001-079.001), 315 2  Planning Commission Agenda Regular Meeting December 19, 2023 Thomas Street (Parcel# 44-10-02-09-2-001-079.000), 317 Thomas Street (Parcel # 44-10-02-09-2-001-078.000), 319 Thomas Street (Parcel# 44-10-02-09-2-001-077.000), 321 Thomas Street (Parcel# 44-10-02-09-2-001-076.000), 323 Thomas Street (Parcel# 44-10-02-09-2-001-075.000), 325 Thomas Street (Parcel# 44-10-02-09-2-001-074.000), 327 Thomas Street (Parcel# 44-10-02-09-2-001-073.000), and 329 Thomas Street (Parcel# 44-10-02-09-2-001-072.000), all zoned TN-2 (Traditional Neighborhood 2 District). ➢ Resolution. Final Plat (1) T 8.) Resolution. Request of SMB Land, LLC for Final Plat Approval of Swan Woods, a major subdivision of +/- 67 acres into 95 lots, located directly south of Forrest Street and AF approximately 3,000’ east of U.S. Highway 31 South (Parcel #: 44-10-02-10-3-000-013.000), zoned R-1-3 (High Density Single Family Residential District). WITHDRAWN BY APPLICANT DECEMBER 18, 2023 Certificate to Subdivide (2) 9.) Public Hearing. Request of D.R. Horton, Inc. - Birmingham for approval of a Certificate to Subdivide: The Links at Canebrake, Phase 3B, Lot 157, +/- 0.93 acres into 2 lots, located at 14090 New Castle Drive (A portion of Parcel #: 44-10-06-23-0-000-003.024), zoned C-PUD DR (Conventional Planned Unit Development District). ➢ Resolution. 10.) Public Hearing. Request of D.R. Horton, Inc. - Birmingham for approval of a Certificate to Subdivide: The Links at Canebrake, Phase 3B, Lot 158, +/- 0.93 acres into 2 lots, located at 14082 New Castle Drive (A portion of Parcel #: 44-10-06-23-0-000-003.024), zoned C-PUD (Conventional Planned Unit Development District). ➢ Resolution. Certificate to Consolidate (4) 11.) Resolution. Request of David C. and Breanna W. Brandon for approval of a Certificate to Consolidate: Muirfield Lot R-31 +/- 0.24 acres into 1 lot, located at 14075 Muirfield Drive (Parcel #: 44-10-06-23-0-002-031.000), zoned C-PUD (Conventional Planned Unit Development District). 3  Planning Commission Agenda Regular Meeting December 19, 2023 ➢ Resolution. 12.) Resolution. Request of Raymond and Jennifer Marie Pemberton for approval of a Certificate to Consolidate: Muirfield Lot R-32 +/- 0.24 acres into 1 lot, located at 14087 Muirfield Drive (Parcel #: 44-10-06-23-0-002-032.000), zoned C-PUD (Conventional Planned Unit Development District). ➢ Resolution. T 13.) Resolution. Request of Joy Elizabeth and Larry Jason White for approval of a Certificate to Consolidate: Muirfield Lot R-33 +/- 0.24 acres into 1 lot, located at 14101 Muirfield Drive (Parcel #: 44-10-06-23-0-002-033.000), zoned C-PUD (Conventional Planned Unit Development District). ➢ Resolution. AF 14.) Resolution. Request of Gregory G. and Mary A. Danner for approval of a Certificate to Consolidate: Muirfield Lot R-34 +/- 0.24 acres into 1 lot, located at 14115 Muirfield Drive (Parcel #: 44-10-06-23-0-002-034.000), zoned C-PUD (Conventional Planned Unit Development District). ➢ Resolution. D Zoning Ordinance Amendment (2) R 15.) Public Hearing. Consider for recommendation to the City Council the request of the City Council for the proposed amendments to the Zoning Ordinance of the City of Athens. The following is a summary of the nature and scope of the proposed changes to the Zoning Ordinance (hereafter referred to as “Summary of Zoning Ordinance Changes”). The proposed changes would: ➔ Amend Zoning Ordinance Section 6.1.9.A(5) to require foundations be covered in an approved material ➔ Amend Zoning Ordinance Section 6.1.9.A(8) to subject fibrous cement siding to the same requirements as vinyl siding and synthetic stucco (EIFS) for residential development. ➢ Resolution. 16.) Public Hearing. Consider for recommendation to the City Council the request of the 4  Planning Commission Agenda Regular Meeting December 19, 2023 Planning & Zoning Department for the proposed amendments to the Zoning Ordinance of the City of Athens. The following is a summary of the nature and scope of the proposed changes to the Zoning Ordinance (hereafter referred to as “Summary of Zoning Ordinance Changes”). The proposed changes would: ➔ Amend Zoning Ordinance Section 6.8.13.P to redefine the existing category of “Obscene T Advertising Signs” to read as “Prohibited Signs” and to modify and clarify what narrow categories described therein are prohibited as signage. ➔ Create Zoning Ordinance Section 6.8.22 Murals to modify and clarify the guidelines for signage classified as murals. ➢ Resolution. AF DR CITY OF ATHENS PLANNING COMMISSION 5  Planning Commission Agenda Regular Meeting December 19, 2023 Public Hearing Procedures ● During the course of a Planning Commission Meeting whenever an application that requires a public hearing (zoning, re-zoning, conditional use, certain subdivisions of property, etc. . . .) appears on the Commission’s agenda, the Chair will declare the same and introduce the application to the Commission and citizens who are in attendance. ● The Chair will proceed through each scheduled public hearing as follows: ● Staff will provide an explanation of the case and a recommendation. ● The applicant will be given an opportunity to address the commission and should limit their comments to less ● ● than ten (10) minutes. T When a public hearing is slated, the Chair will open the hearing for public input. Members of the public, having been recognized, will be allowed three (3) minutes each to address the Commission (unless the Chairman/Chairwoman specifies otherwise). NOTE: Large groups may wish to, but are not required to, appoint a spokesperson for the group, in which ● AF case the Chair may grant the spokesperson additional time to speak. ● ● ● Generally, those desiring to speak “for” the request will be allowed to speak first, followed by those desiring to speak “against” the request. Persons wishing to speak should raise their hand to be recognized by the Chairman/Chairwoman. Once recognized, please stand and state your name and address. Comments should be concise and limited to issues related to the request. When the Chairman/Chairwoman believes that the Commission has received sufficient citizen input to decide on the application, the public hearing will be closed and the applicant and/or the Staff will be given an D opportunity to address any issues brought out during public comment. ● Chairman will then allow Commission members to make comments or ask questions of anyone present to clarify issues or provide additional information. R ● ● ● The Chairman will call for a motion and a second on the motion. Commission members may speak to the motion, any amendments, or points of parliamentary procedure. If a motion is forthcoming, a voice vote will be taken. If the decision is not unanimous, then the Chairman will direct a roll call vote. If a motion is NOT forthcoming, the request will be considered “Denied” for lack of a motion. PLEASE NOTE: The above-procedure is provided to serve as a guideline for the conduct of public hearings. The chairman/chairwoman is not limited and/or constrained by this procedure and, under certain circumstances, may deem it necessary to deviate from this guideline. 6