Columbus, Georgia

PLANNING ADVISORY COMMISSION MEETING

July 16, 2003



A meeting of the Planning Advisory Commission was held Wednesday, July 16, 2003

in the Council Chambers on the Plaza Level of the Government Center.



Commissioners Present: Chairperson Brad Dodds, Shep Mullin, Derrick Shields,

Michael Corradino, Karl Douglass, and Berry Henderson.



Staff Members: Will Johnson, Zoning Administrator, and Tina Trant, Recorder.



Commissioners Absent: Bob Crane, Rick McKnight, and Sharon Jamison



Others Present: Willie Hodge, Sherrell Dowdell, David G. Cassell, Malachi

Gogins, Phillip Stribling, Myrtis Roach, Jr., Phillip Stribling, II, Don

Wilhite, Sid Dykes, Ken Henson, Jr, Steve Corbett, Marty Flournoy, Fred D.

Peak, Ted Freeman, Mark Holloway, G. Heinzelman, Jean Bartholet, Edith West,

Becky Carter, Cortez Taylor, Jr., Lawrence Cheney, Reba Cheney, Kenneth

Harrell, Lucy Jones, Tracy Jackson, Genevieve Green, Otis Scarborough, Bill

Dykes, Lance Cutsforth, Robert Mobley, Raymond Frye, Lisa Palmer, Charles

Palmer, Chad Hargett, Damon Mancini, Walter Snyder III, Yvonne Porter, William

Lyde, Jr., Willie Jenkins, Ollie Tarver, Edward Mauldin, Rosa Mauldin, John

Grot, John Peak, Webb Redmond, Dothel Edwards, Alan Rothchild, Jr., Sherman

Williams, Benjamin Jones, Dwayne Donnelly, Larry Hagan, Edward Bruce Kelly,

Richard Bishop, and Donna Newman.



I. CALL TO ORDER: Chairperson Dodds called the meeting to order at

10:10 a.m. Chairperson Dodds explained the rezoning process to the audience.



II. APPROVAL OF MINUTES: Chairperson Dodds asked for a motion for the

June 20, 2003 minutes to be accepted. Commissioner Douglass made a motion to

accept the minutes. Commissioner Corradino seconded the motion. The minutes

were approved unanimously.



Chairperson Dodds stated that Commissioner Mullin would vote for Commissioner

McKnight. He stated that Commissioner Corradino would be abstaining from

several cases.



III. TABLED CASES:





1.) ZC0305-5: A request to rezone the property located at 3603

Weems

Road. The current zoning is R-1 (Low Density Residential) District. The

proposed zoning is A-O (Apartment/Office) District. The property is to be used

for the Columbus Botanical Gardens Visitors Center.



Alan Rothchild, Jr., Applicant



Mr. Will Johnson read the Finding of Facts for this case. This case is not

consistent with the future land-use map of the Comprehensive Plan (P. D. 2),

which shows Low Density Residential for this area. Policy statements are not

addressed. It is compatible with existing land uses. It is served by public

water, sanitary sewer, and all City services. The property does lie within the

studied floodplain and floodway area. The Engineering Department will need to

approve a drainage plan prior to issuance of a Site Development Permit. The

request does not constitute spot zoning. It will not have a negative impact on

the transportation network. It must meet the codes and regulations of the City

of Columbus, Consolidated Government for commercial access. No special

conditions are needed. There were no comments from adjoining property owners.



Mr. Alan Rothchild, the applicant, came to the podium. He stated that this is

an application to rezone the Adams Farm House, which at one time was owned by

the Historic Columbus Foundation. It was given to the Columbus Technical

College Foundation to be used as the headquarters for the new public botanical

gardens being built on the adjacent property.



Commissioner Douglass made a motion to approve this rezoning case based on the

fact that although it is not consistent with the future land-use map of the

Comprehensive Plan, it is compatible with existing land-uses and it is served

by city water and sewer. Commissioner Shields seconded the motion. The vote

was carried unanimously for approval.



2.) ZC0301-1: A request to rezone the property located at the northeast corner

of Whitesville Road and Williams Road. Thecurrent zoning is A-1 (Agriculture)

District. The proposed zoning is A-O (Apartment-Office) District. The property

is to be used for a nursing home. The applicant seeks to amend a condition

imposed by PAC on May 21, 2003.



Timber Creek Management, LLC



Mr. Will Johnson read the Finding of Facts for this case. This case is

consistent with the future land-use map of the Comprehensive Plan (P.D. 2),

which shows General Commercial for this area. Policy statements are not

addressed. It is compatible with existing land uses. It is served by public

water, sanitary sewer, and all City services. The property does not lie within

the studied floodplain and floodway area. The Engineering Department will need

to approve a drainage plan prior to issuance of a Site Development permit. The

request does not constitute spot zoning. A traffic study is being done on the

transportation network and off-street parking / curb-cuts. Special conditions

are needed: 1) all lighting shall be directed internally using deflector

shields, 2) no external trash dumpsters / compactors shall be permitted along

the property lines bordered by the A-1 zoning district, 3) any external trash

dumpsters / compactors shall be visually obstructed by a structure that is

aesthetically similar to the proposed development, 4) screening for air

conditioners, refrigeration units, and heat pumps shall be required for all

development on the property, 5) a 100-ft. natural landscaped buffer shall front

Whitesville Road, 6) only one curb-cut shall permitted on Whitesville Road, 7)

only one curb-cut shall be permitted on Williams Road, and 8) if this property

is not used for a nursing home, then it shall be rezoned back to A-1 by the

Planning Division. The applicants are here today to address condition #8.

This has not gone to Council. They sent a letter asking that they return to

the PAC to further discuss this condition. A petition opposing this case was

handed out to all the PAC members. Mr. Johnson stated that if the applicant?s

request was not granted, then the condition needs to be amended to allow the

same uses on this property as is currently used at their existing facilities.



Ken Henson, representing the Hospital Authority of Columbus, stated that they

have a contract subject to the property being rezoned to A-O to purchase this

property. The Muscogee Manor Nursing Home may be relocated in the future.

There are two things that concern them: 1) the term ?nursing home? does not

allow them to do everything they want to do as a nursing home; they want to

operate a personal care home, assisted living facility, doctor?s offices, a day

care for senior citizens, etc., and 2) if they buy the property they plan to

use it as a nursing home; however, if Medicare rules change they don?t want to

get stuck with the property. No one else in town will be able to use it for a

nursing home. He stated that they would agree to exclude certain uses: animal

care facilities, automotive, communications, community facilities, education,

lodging, recreation, restaurants, retail trade, and personal services. If they

can?t use it for a nursing home, they want to be able to use it for

professional offices or apartments.



Edith West, a resident of Heiferhorn subdivision, came to the podium to speak.

She stated that she was in favor of the nursing home. She also stated that

they would be in favor of retaining a reversionary clause or a use

restriction. Most of the neighbors agree with this concept. If something

happens and a nursing home won?t be built, she wants to go on record as being

opposed to a change of A-O.



Dothel Edwards, a resident of Timber Creek subdivision, came to the podium. He

is opposed to the change of A-O.



After a brief discussion, Commissioner Henderson made a motion to amend

Condition #8 to read as follows: if this property is not used for a nursing

home, to include all present activities and other related health services

associated with the nursing home on Schatulga Road operated by Muscogee Manor,

it shall be rezoned back the A-1 zoning district by the Planning Division.

Commissioner Shields seconded the motion. The vote was carried unanimously for

conditionalapproval.





3.) ZC0305-2: A request to rezone the properties located at 5151 and 5163

McCaghren Drive. The current zoning is R-1 (Low Density Residential)

District. The proposed zoning is R-3 (Medium Density Residential) District.

The property is to be used for single family residential.



Perry Carlin, Applicant



Mr. Will Johnson read the Finding of Facts for this case. This case is not

consistent with the future land-use map of the Comprehensive Plan (P. D. 3),

which shows Low Density Residential for this area. It is consistent with

policy statements, Residential Development policy statements #2 and #3. It is

compatible with existing land uses. It is served by public water, sanitary

sewer, and all City services. The property does lie within the studied

floodplain and floodway area. Donna Newman, Assistant Director of Engineering,

is here to address some issues concerning floodway and floodplain. Over half

of the proposed lot lies within the floodplain. This lot was platted as a

single lot and should not be subdivided to accommodate another lot, which would

require filling in the floodplain. The request does not constitute spot

zoning. It will not have a negative impact on the transportation network. It

must meet the codes and regulations of the City of Columbus, Consolidated

Government for residential usage. At this time, no special conditions are

needed. There were no comments from adjoining property owners.



Mr. Perry Carlin, owner of the property, came to the podium. He stated he

moved to the property in 1981. He stated he bought another home north of the

property. Mr. Carlin has a sales contract to sell this property if it is

rezoned. The buyer?s representative was at the meeting and left.



Donna Newman, Assistant Director of Engineering, came to the podium. She

stated that when she reviewed the proposal, all she had was the current

subdivision property which is currently two lots; there was only one lot that

was in the floodplain and floodway. For residential, there is no requirement

for a site plan or layout. Her concern was that with the two properties being

rezoned to R-3, that those two lots would be combined and a cul-de-sac would be

constructed, thus creating more lots, some of which would be in the floodplain

and floodway. The floodway cannot be encroached upon, but the floodplain can.

When Mr. Erickson developed the adjacent development there were some concerns

from the neighbors about the existing flooding conditions in that area. We

need to minimize the number of lots that could be constructed in the

floodplain.



Chairperson Dodds suggested that Mr. Carlin table the case until the next

meeting. Since his buyer was backing out and Mr. Carlin had no specific plans

for the property, it was suggested that the case be tabled until Mr. Carlin

could work out his issues. The case was tabled until August 6, 2003.





4). ZC0305-3: A request to rezone the properties located at the end of

Creekland Drive (4 acres); Double Churches Road across from Daisy Street (8.2

acres); and northeast of Double Churches Road on Whitesville Road (47 acres.)

The current zoning is R-1 (Low Density Residential) District. The proposed

zonings are R-1A (Low Density Residential) District, R-3A (Medium Density

Residential) District and A-O (Apartment/Office). The properties are to be

used for single family residential, duplexes, and office / multi-family.



Charles Land, Applicant









Mr. Will Johnson read the Finding of Facts for this case. He stated that the

R-1A area is consistent and the A-O area is not consistent with the future

land-use map of the Comprehensive Plan (P.D. 2), which shows Low Density

Residential for this area. The R-3A area is also not consistent with the

future land-use map, which shows General Commercial for the area. Certain

issues pertaining to this request are addressed in policy statements,

Residential Development Policy Statements #2 & #3. Residential Development

Statement #2 states: ?While it is recommended that the Planning District

contain a variety of housing types, the City should limit housing types in the

northern part of the district to low density residential units pending further

study of environmental constraints, impacts of development, and long-range

community facilities plans. Higher densities may be provided in the southern

portion of the district.? The Planning Division considers Double Churches Road

as the dividing line between north and south in Planning District 2. The

aforementioned constraints are being studied at this time. Residential

Development Policy Statement #3 states: ?The City should use zoning regulations

to maintain Double Churches, Whitesville, Williams, Blackmon, and Schomburg

Roads as residential areas suitable for new housing construction.? The term

?housing construction? covers all residential development. It is compatible

with existing land uses. It is served by public water, sanitary sewer and all

City services. Portions of the property lie within the studied floodplain and

floodway area. The Engineering Department will need to approve a drainage plan

prior to issuance of a Site Development permit. The request does not

constitute spot zoning. We consider R-3A and A-O as down-zoning / transition

area between the C-2 (at the corner of Double Churches and Whitesville Road)

and R-1A (Big Creek subdivision). A traffic study is being done. Deputy City

Manager Richard Bishop is here to address any concerns on that issue. Special

conditions are needed: 1) all lighting shall be directed internally using

deflector shields, 2) no external trash dumpsters / compactors shall be

permitted along the property lines bordered by the R-1A zoning district, 3) any

external trash dumpsters / compactors shall be visually obstructed by a

structure that is aesthetically similar to the proposed development, 4)

screening for air conditioners, refrigeration units, and heat pumps shall be

required for all development on the property, 5) the proposed A-O and R-3A

areas shall not have direct access to Whitesville Road nor Double Churches

Road, 6) the A-O area shall be restricted to apartments and offices only, and

7) the R-3A area shall be restricted to duplexes. There were comments from

adjoining property owners in opposition to this case.



Otis Scarborough, representing the applicant, came to the podium. Their land

planner has been working with the City to make adjustments in the traffic

flow. All the plans made will take pressure off the Interstate. This is all

being done by one developer. Therefore, the road will be put in place. If the

development was done in pieces, the developers would not have to put in a

road. Sixteen duplexes (32 units) are being built in the area across from

Daisy Street.



Raymond Frye, 7983 Big Creek Place, came to the podium. The duplexes being

proposed will be against his backyard. One problem is the drainage in the

area. The slope of the land is straight down hill where the duplexes will be

built. The developer cut a trench with a bull dozier to keep houses from being

flooded out. He is also concerned about the traffic near the school. He

bought his house this area because the area proposed for rezoning was zoned R-1

and nothing but single family residential would be built on it.



Edward Mauldin, 7989 Big Creek Place, came to the podium. He is opposed to the

duplexes. He was concerned about the price of the units, traffic, and

drainage.



Mr. Scarborough stated that each unit would start at $180,000 and up. The

units would be 1,800 square feet each. Each unit would be fee simple units (no

rentals). There are similar duplexes in McIntosh Creek. He stated that a

drainage plan would have to be in place before any development could take

place.



Lee Snyder, 1600 Double Churches Road, came to the podium. He is opposed to

increased traffic. He stated that he has concerns about a traffic signal and

sidewalks. Mr. Snyder would like to see a buffer zone in the R-3A area.



Chairperson Dodds asked for discussion and a motion. Commissioner Mullin made

a motion to conditionally approve this rezoning case based on the fact that it

is compatible with existing land-uses, it is served by city water, sanitary

sewer, and all City services, and it does not constitute spot zoning. The

recommended conditions are: 1) all lighting shall be directed internally using

deflector shields, 2) no external trash dumpsters / compactors shall be

permitted along the property lines bordered by the R-1A zoning district, 3) any

external trash dumpsters / compactors shall be visually obstructed by a

structure that is aesthetically similar to the proposed development, 4)

screening for air conditioners, refrigeration units, and heat pumps shall be

required for all development on the property, 5) the proposed A-O and R-3A

areas shall not have direct access to Whitesville Road nor Double Churches

Road, 6) the A-O area shall be restricted to apartments and offices only, and

7) the R-3A area shall be restricted to duplexes. Commissioner Douglass

seconded the motion. The case was carried unanimously for conditional approval.





Commissioner Douglass left the meeting. The quorum was reduced to four voting

members.



Mr. Johnson asked Chairperson Dodds which cases Commissioner Corradino would be

abstaining from and he stated that they would be Cases ZC0306-5 and ZC0306-8.

Chairperson Dodds also stated that he himself would be abstaining from ZC0306-6.



Mr. Johnson stated that the Mobley Road case, ZC0306-8, would be tabled at the

request of the applicant. He also stated that cases ZC0306-5 and ZC0306-6

would be tabled because there would not be quorum to vote on the cases.



Mr. Myrtis Roach, Jr., 5317 Eisenhower Avenue, came to the podium in opposition

to case ZC0306-5. He stated that he was here one year ago for the same case and

wanted to know how many times the same case could come before the Planning

Advisory Commission.



Mr. Johnson stated that there are three scenarios for returning: 1) if the case

is withdrawn, it can come back six months from the date of the withdrawal

letter, 2) if the case is denied by Council, it can come back for the same

request one year from the date of the second reading, and 3) if the case is

denied by Council, it can come back for a different zoning request six months

from the date of the second reading.



Ms. Ollie Tarver came to the podium in opposition to ZC0306-5, St. Mary?s Road.





IV. REZONING CASES:





1.) ZC0306-4: A request to rezone the properties located at 5114 and 5124

Buena Vista Road. The current zoning is C-3 (General Commercial) District. The

proposed zoning is R-1A (Low Density Residential) District. The properties are

and will be used as single family residential.



Joe Denson, Applicant



Mr. Will Johnson read the Finding of Facts for this case. This case is

consistent with the future land-use map of the Comprehensive Plan (P. D. 11),

which shows Low Density Residential for this area. Policy statements are not

addressed. It is compatible with existing land uses. It is served by public

water, sanitary sewer, and all City services. The property does not lie within

the studied floodplain and floodway area. The Engineering Department will need

to approve a drainage plan prior to issuance of a Site Development Permit. The

request does not constitute spot zoning. It will not have a negative impact on

the transportation network. It must meet the codes and regulations of the City

of Columbus, Consolidated Government for residential usage. No special

conditions are needed. There were no comments from adjoining property owners.

This is a clean-up of zoning.



Joe Denson, the applicant, came to the podium. He lives in this house. It has

never been used for anything but residential. About 25 years ago, the area was

rezoned to facilitate a church. Now Mr. Denson wants to refinance the house

and it would be more costly if the property were to stay C-3.



Chairman Dodds asked for discussion and a motion. Commissioner Corradino made

a motion to approve this rezoning case based on the fact that it is consistent

with the future land-use map of the Comprehensive Plan, it does not constitute

spot zoning, and it will not have a negative impact on the transportation

network. Commissioner Mullin seconded the motion. The case was carried

unanimously for approval.





2.) ZC0306-1: A request to rezone the properties located at 7300 Old Moon

Road. The current zoning is R-1 (Low Density Residential) District. The

proposed zoning is A-O (Apartment/Office) District. The property is to be used

for offices.

Hopegivers International, Applicant



Mr. Will Johnson read the Finding of Facts for this case. This case is

consistent with the future land-use map of the Comprehensive Plan (P. D. 2),

which shows Mixed Office / High Density Residential for this area. Policy

statements are not addressed. It is compatible with existing land uses. It is

served by public water, sanitary sewer, and all City services. The property

does not lie within the studied floodplain and floodway area. The Engineering

Department will need to approve a drainage plan prior to issuance of a Site

Development Permit. The request does not constitute spot zoning. It will not

have a negative impact on the transportation network. It must meet the codes

and regulations of the City of Columbus, Consolidated Government for commercial

usage. Special conditions are needed: 1) all lighting shall be directed

internally using deflector shields, 2) any external trash dumpsters /

compactors shall be visually obstructed by a structure that is aesthetically

similar to the proposed development, and 3) screening for air conditioners,

refrigeration units, and heat pumps shall be required for all development on

the property. There were no comments from adjoining property owners.



Don Wilhite, Pastor of Calvary Baptist Church, came to the podium. He serves

as an executive member and treasurer of Hopegivers International. They are a

fund raising organization for a mission in India. Their income last year was

$1.2 million. They support 6,000 orphans and 10,000 lepers. They have 2,700

churches that they support. They have outgrown their existing property. The

house that is on the property has 1,300 square feet that will be modified. In

the future they will build a new office. The lake will be left in place.



Commissioner Henderson made a motion to approve this rezoning based on the fact

that it is consistent with the future land-use map of the Comprehensive Plan,

it is compatible with existing land-uses, and it does not constitute spot

zoning. The recommended conditions are: 1) all lighting shall be directed

internally using deflector shields, 2) any external trash dumpsters /

compactors shall be visually obstructed by a structure that is aesthetically

similar to the proposed development, and 3) screening for air conditioners,

refrigeration units, and heat pumps shall be required for all development on

the property. Commissioner Mullin seconded the motion. The vote was carried

unanimously for conditional approved.







3.) ZC0306-2: A request to rezone the properties located at 4008 Willis Road.

The current zoning is R-1A (Low Density Residential) District. The proposed

zoning is A-O (Apartment/Office) District. The property is to be used for a

parking lot. .

Charles Calhoun, Applicant



Mr. Will Johnson read the Finding of Facts for this case. This case is not

consistent with the future land-use map of the Comprehensive Plan (P. D. 8),

which shows Low Density Residential for this area. Policy statements are not

addressed. It is compatible with existing land uses. It is served by public

water, sanitary sewer, and all City services. The property does not lie within

the studied floodplain and floodway area. The Engineering Department will need

to approve a drainage plan prior to issuance of a Site Development Permit. The

request does not constitute spot zoning. It will not have a negative impact on

the transportation network. It must meet the codes and regulations of the City

of Columbus, Consolidated Government for commercial usage. Special conditions

are needed: 1) lighting shall be directed internally using deflector shields,

2) any external trash dumpsters / compactors shall be visually obstructed by a

structure that is aesthetically similar to the proposed development, 3) no

external trash dumpsters / compactors shall be permitted on the property line

bordered by the R-1A zoning district, 4) the use of the property shall be

restricted to a parking lot, 5) the site shall be accessed through the parking

lot entrance at 4012 Willis Road, and 6) screening for air conditioners,

refrigeration units, and heat pumps shall be required for all development on

the property. There were no comments from adjoining property owners.



Mark Holloway, representing the applicant, came to the podium. The parking lot

for the West Georgia Eye Center is not adequate. They purchased this property

to make a parking lot for employees. He is opposed to Condition #5 and wants

to eliminate it. He will lose 4 spaces.



Mr. Johnson stated that Traffic Engineering states that if it were 9 or 10

spaces that they would be concerned, but for just 4 spaces it wasn?t worth

warranting a curb-cut.



Chairperson Dodds asked for discussion and a motion. Commissioner Shields made

a motion to approve this rezoning case based on the fact that although it is

not consistent with the future land-use map of the Comprehensive Plan, it is

compatible with existing land uses, it is does not constitute spot zoning, and

it will not have a negative impact on the transportation network. Special

conditions needed: 1) lighting shall be directed internally using deflector

shields, 2) any external trash dumpsters / compactors shall be visually

obstructed by a structure that is aesthetically similar to the proposed

development, and 3) no external trash dumpsters / compactors shall be permitted

on the property line bordered by the R-1A zoning district, 4) the use of the

property shall be restricted to a parking lot, 5) the site shall be accessed

through the parking lot entrance at 4012 Willis Road, and 6) screening for air

conditioners, refrigeration units, and heat pumps shall be required for all

development on the property. Commissioner Corradino seconded the motion. The

vote was carried unanimously for conditional approval.





4). ZC0306-3: A request to rezone the properties located at 238 and 240 Robert

E. Lee Drive. The current zoning is R-2 (Low Density Residential) District.

The proposed zoning is C-3 (General Commercial) District. The property is to be

used to extend the mini-storage use that fronts Victory Drive.



Phillip Stribling, Applicant



Mr. Will Johnson read the Finding of Facts for this case. It is not consistent

with the future land-use map of the Comprehensive Plan (P.D. 13), which shows

Low Density Residential for this area. It is not consistent with policy

statements, Planning District 13, Commercial Development policy statement #1.

It is compatible with existing land uses. It is served by public water,

sanitary sewer, and all City services. The property does not lie within the

studied floodplain and floodway area. The Engineering Department will need to

approve a drainage plan prior to issuance of a Site Development Permit. The

request does not constitute spot zoning. It will not have a negative impact on

the transportation network. The report from Traffic Engineering states that

this request must be denied based on the requirements set forth in the

Subdivision Regulations, Section 1880-43B6 which states ?commercial traffic

extending into the boundaries of adjacent, existing and potential residential

area is not permitted.? Special conditions are needed: 1) all lighting shall

be directed internally using deflector shields, 2) any external trash dumpsters

/ compactors shall be visually obstructed by a structure that is aesthetically

similar to the proposed development, 3) no external trash dumpsters /

compactors shall be permitted on the property line bordered by the R-2 zoning

district, 4) no access shall be permitted on Robert E. Lee Drive or Collins

Drive, and 5) screening for air conditioners, refrigeration units, and heat

pumps shall be required for all development on the property. There were

several comments from adjoining property owners opposing this request.



Phillip Stribling, the applicant, came to the podium. He stated there would be

a 30? natural buffer between the neighborhood and the business. He wants to

extend the storage units to justify hiring security. He stated that there

would be no access to the neighborhood.



Yvonne Porter, 239 Collins Drive; Willie Hodge, 243 Robert E. Lee Drive; Cortez

Taylor, 245 Robert E. Lee Drive; Edward Bruce Kelly, 248 Robert E. Lee Drive;

and David Cassell, 2700 Double Churches Road (representing the EconoLodge) all

came to the podium to speak in opposition. They all were concerned about

drainage problems and additional traffic this rezoning approval would bring.



Chairperson Dodds asked for discussion and a motion. Commissioner Corradino

made a motion to deny this request because it not consistent with the future

land-use map of the Comprehensive Plan and its policy statements, and because

of the comments from the adjoining property owners opposing this request.

Commissioner Henderson seconded the motion. The vote was carried unanimously

for denial.



5). ZC0306-7: A request to rezone the properties located at 1602 Celeste

Drive. The current zoning is R-1A (Low Density Residential) District and R-2

(Low Density Residential) District. The proposed zoning is R-3A (Medium

Density Residential) District. The property is to be used for condominiums.



Preston Holdings, LLC Applicant



Mr. Will Johnson read the Finding of Facts for this case. It is not consistent

with the future land-use map of the Comprehensive Plan (P.D. 11), which shows

Low Density Residential for this area. It is not consistent with policy

statements, Planning District 11, Residential Development policy statement #1

and #2. It is not compatible with existing land uses. It is served by public

water, sanitary sewer, and all City services. The property does not lie within

the studied floodplain and floodway area. The Engineering Department will need

to approve a drainage plan prior to issuance of a Site Development Permit. The

request does constitute spot zoning. It will not have a negative impact on the

transportation network. It must meet the Codes and Regulations of the City of

Columbus, Consolidated Government for commercial usage. Special conditions are

needed: 1) all lighting shall be directed internally using deflector shields,

2) any external trash dumpsters / compactors shall be visually obstructed by a

structure that is aesthetically similar to the proposed development, 3) no

external trash dumpsters / compactors shall be permitted on the property line

bordered by the R-1A and R-2 zoning district, 4) any proposed driveway adjacent

to Glenview Drive must align with Glenview Drive, and 5) screening for air

conditioners, refrigeration units, and heat pumps shall be required for all

development on the property. There was one comment from an adjoining property

owner opposing this request.



John Grote, representing Preston Holdings, LLC, came to the podium. They want

to build condominiums for a retirement community; however, it would not be

restricted to retirees. There will probably be single-family units, too. Unit

costs will be between $105,000 and $125,000. There won?t be any intrusion into

the neighbor?s property. A fence will be put around the property.



Fred D. Peak of Preston Holdings, LLC, came to the podium. He stated that he

would put in 35 to 40 units, which would be 4 ? two story and 3 ? one story

buildings at a cost of $4.2 million. A large oak tree at the entrance will be

left standing.



Sherell Dowdell, 1642 Celeste Drive came to the podium in support of the

proposal. The community is in favor of the proposal also. Her only concern is

the easement close to her property. It will only be used for emergency

purposes. It is only 25 feet wide.



Chairperson Dodds asked for discussion and a motion. Commissioner Shields made

a motion to approve the case based on the Finding of Facts. Even though it is

not consistent with the future land-use map of the Comprehensive Plan and its

policy statements, it is compatible with existing land uses. The recommended

conditions are: 1) all lighting shall be directed internally using deflector

shields, 2) any external trash dumpsters / compactors shall be visually

obstructed by a structure that is aesthetically similar to the proposed

development, 3) no external trash dumpsters / compactors shall be permitted on

the property line bordered by the R-1A and R-2 zoning district, 4) any proposed

driveway adjacent to Glenview Drive must align with Glenview Drive, and 5)

screening for air conditioners, refrigeration units, and heat pumps shall be

required for all development on the property. Commissioner Mullin seconded the

motion. The vote was carried unanimously for conditionalapproval.





Lance Cutsforth, representing Legacy Real Estate, LLC, approached the PAC and

requested to present their project regardless of the lack of a quorum.



Chairperson Dodds, with the support of the remaining Commissioners, agreed to

hear the request.





6.) ZC0306-5 A request to rezone the properties located along the south side of

St. Mary?s Road, south of Northstar Drive. The current zoning is R-2 (Low

Density Residential) District. The proposed zoning is R-4 (High Density

Residential) District. The property is to be used for apartments.



Legacy Real Estate Advisors, LLC, Applicant





Mr. Will Johnson read the Finding of Facts for this case. It is not consistent

with the future land-use map of the Comprehensive Plan (P.D. 11), which shows

Low Density Residential for this area. Policy statements are not addressed.

It is compatible with existing land uses. It is served by public water,

sanitary sewer, and all City services. The property does not lie within the

studied floodplain and floodway area. The Engineering Department will need to

approve a drainage plan prior to issuance of a Site Development Permit. The

request does not constitute spot zoning. It will not have a negative impact on

the transportation network. It must meet the Codes and Regulations of the City

of Columbus, Consolidated Government for residential usage. Special conditions

are needed: 1) all lighting shall be directed internally using deflector

shields, 2) any external trash dumpsters / compactors shall be visually

obstructed by a structure that is aesthetically similar to the proposed

development, 3) no external trash dumpsters / compactors shall be permitted on

the property line bordered by the R-2 zoning district, 4) left turn lanes shall

be required as determined by the City Traffic Engineer, 5) only one access to

the proposed development shall be permitted, 6) a right turn lane on St. Mary?s

Road shall be required as determined by the City Traffic Engineer, 7) ingress

and egress of this site shall align with the Northstar Drive intersection, and

8) screening for air conditioners, refrigeration units, and heat pumps shall be

required for all development on the property. There were comments from

adjoining property owners opposing this request.



Lance Cutsforth, representing Legacy Real Estate, LLC, came to the podium. He

went back to review the previous case from a year ago and stated that comments

from the previous case were not comments from the adjoining property owners.

The addresses that are listed are down St. Mary?s Road in the nearby

subdivisions. They want to build 240 units now instead of 450 units. There

would be a 50? undisturbed, natural buffer.



Kenneth Harrell, 761 Quail Creek Drive, came to the podium to speak in

opposition to the rezoning. The previous request was to build 300 units not

450 units. He also feels this request would not serve south Columbus.



Ted Freeman, owner of the property, came to the podium. He and his daughter

have owned this land for 20 years. It is over 62 acres. He has offered to

sell it to developers and no one wants to buy it. It will not work for single

family residential. He stated that the topography only made it suitable for

multi-family residential.



This case was tabled until August 6, 2003.



7.) ZC0306-6: A request to rezone the property located at northeast of 1700

Fountain Court. The current zoning is C-3 (General Commercial) District. The

proposed zoning is A-O (Apartment/Office) District. The property is to be used

for apartments



Steven Corbett, Applicant



This case was tabled because there was no quorum.





8.) ZC0306-8 A request to rezone the properties located at 6802 Mobley

Road and part of 6740 Mobley Road. The current zoning is R-1 (Low

Density Residential) District. The proposed zoning is R-2 (Low

Density Residential) District. The property is to be

used for single family residential.



BrianGrier, Inc. Applicant



This case was tabled at the request of the applicant. It has been rescheduled

for August 6, 2003.





V. NEW BUSINESS

``

VI. OLD BUSINESS



VII. ADJOURNMENT



The meeting was adjourned at 1:20 p.m.









___________________________________ ___________________________________

Bradford Dodds, Chairperson Will Johnson, Zoning Administrator