Columbus, Georgia

PLANNING ADVISORY COMMISSION MEETING



May 1, 2002



A meeting of the Planning Advisory Commission was held Wednesday, May 1, 2002,

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



Commissioners Present: Chairperson Ralph King, Vice Chairperson Bradford

Dodds, Rick McKnight, Shep Mullin, Arline Kitchen, Sharon Jamison, Derrick

Shields, and Mike Corradino



Commissioners Absent: Berry Henderson



Staff Members: Will Johnson, Zoning Administrator, and Denise Taylor, Recorder



Others Present: Reverend O.L. Duncan, Nornitta Killings, Carolyn Hugley, Linda

Medlach, Wanda Wright, Edwina Smith, Willie Smith, Carrie Sumrall, Danny

Burton, Linda Kennedy, Dan Wright, Gracie Lewis, Jimmy Lewis, Craig Strain,

June Luvey, Ray Smith, James Smith, Ted Freeman, Dewayne Allen, Ouida Newson,

Neita Green, Robert McAneny, John Kennedy, Betty Massey, Bill Arrington, Brian

Ribeiro, Ginger Bagley, John Partin, David Ragland, Dan Holly, Patricia Miles,

John Page, Laura Lawrence, Randy Lawrence, Don Cook, Joe Powell, Jean Flowers,

Renee McAneny, Kristianne Cutsforth, Lance Cutsforth, Maria Lesh, Isaiah

Hugley, Alona Strode, Doug Jefcoat, Luther Benton, Janda Cearley, Frankie

Pollord, Debra Beckley, Conway Tucker, Lawanda Allen, Ozelle Moore, David Fox,

Leatis Allen, David Simoneau, Bill Harden, Mike Penn, Ben Wright, Virginia

Peebles, Ada Bell, Felton Grant, David Erickson, Chris Meacham, Doug Harris,

Judy Tunnels and Dan Holley





CALL TO ORDER



Chairperson King called the meeting to order at 10:10 a.m. Chairperson King

explained the rezoning process to the audience. Chairperson King announced that

Derrick Shields would be voting in place of Berry Henderson. Chairperson King

entertained a motion to vote on the April 18, 2002 meeting minutes. Vice

Chairperson Dodds made a motion to approve the minutes. Commissioner Jamison

seconded the motion. The vote was carried unanimously.





I. TABLED CASES



1) ZC0203-6: Arequest to rezone the property located at the southwest corner of

Forest Road and Alta Vista Road (see Location Map). The property is currently

zoned R-1A(Low Density Residential) District. The requested zoning is R-3B

(Patio Homes / Zero Lot Line) District. The property is to beused for patio

homes.



D. F. Holley Builders, Inc., Applicant



Mr. Will Johnson presented the Planning Division?s Finding of Facts. He stated

that the request is not consistent with the Comprehensive Plan P.D. 7, which

shows Low Density Residential for this area. He stated that the request is not

consistent with the policy statements P.D. 7, Residential Development policy

statement #3. He stated it is not compatible with existing land uses. The

property is served by all city services. He also stated the property does not

lie within a studied floodplain and floodway area. Engineering will need to

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

Johnson stated that the request does constitute spot zoning. He also stated

that the report from Transportation Planning states that the request will not

have a negative impact on the transportation network. He reported that

off-street parking and curb cuts must meet the Codes and regulations of the

City of Columbus Consolidated Government for residential usage. Traffic

Engineering recommends denial of this rezoning request. Patio homes will

increase the number of residential driveways that would normally back vehicles

into the street. Forrest Road is an arterial roadway with high traffic volumes

that will make egressing from the properties difficult. Residential driveways

along Forrest Road need to able to turn around on private property and exit

forward. The closeness of driveways along Forrest Road will increase the

potential for traffic accidents involving these residential properties.Mr.

Johnson stated that no special conditions are needed. He stated that he

received comments from adjoining property owners: one resident opposed the

rezoning and two residents supported the rezoning.



Dan Holley, owner of the property, stated that the case was tabled to hear the

comments from D.O.T. concerning the realignment and widening of Forrest Road.

He stated that the rezoning should not be considered as spot zoning when there

is 20 to 30 apartments about 500 feet from Sheffield Drive along with some

commercial properties. Mr. Holley stated that there are patio homes at the end

of Sheffield Drive that have been rezoned in the last 3 years. He stated that

Felton Grant, City Right-of-Way Coordinator, had the answer to changes

concerning Forrest Road.



Felton Grant stated that the Forrest Road project is ready to start the

acquisition phase. He stated that the acquisition would take about two years.

Mr. Grant stated that Forrest Road would curve over to Macon Road at Alta Vista

Drive. He stated that the current section of Forrest Road fronting the

property proposed for rezoning would be closed off at the new curve at Alta

Vista Drive. He also stated that the rezoned property would then enter onto a

cul-de-sac. He also stated that once the acquisition phase is complete, then

the construction phase would take another five years.



Commissioner Corradino stated that he had two issues with the rezoning. He

stated that one is the traffic and the other is the density of the homes. He

asked if it would be possible to rezone the property to R-2.



Mr. Johnson stated if he rezoned the property to R-2 then spot zoning would no

longer be an issue.



Commissioner Corradino stated that he would like to see the case tabled until a

new traffic report is received. He stated that he would also like for Mr.

Holley to present a sketch or lay out of the homes in an R-2 zoning

district.



Mr. Johnson stated that he would like to clarify that R-2 is not in that area.



Chairperson King tabled the case until May 15, 2002 with the applicant?s

permission.





2) ZC0203-7: A request to rezone the property located at 6801 Warm Springs Road

(north of the creek) (see Location Map). The property is currently zoned A-1

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

District. The property is to be usedfor single family residential.



Tiger Creek Development, Applicant



3) ZC0203-8: Arequest to rezone the property located at 6801 Warm Springs Road

(south of the creek) (see Location Map). The property is currently zoned

A-1(Agricultural) District. The requested zoning is R-2 (Low Density

Residential) District. The property is to beused for single family residential.



Tiger Creek Development, Applicant



Chairman King stated that the cases would be heard together but voted on

separately.



Mr. Johnson stated that the Finding of Facts is the same for both cases.



Mr. Will Johnson presented the Planning Division?s Finding of Facts. He stated

that the request is consistent with the Comprehensive Plan P.D. 3, which shows

Low Density Residential for this area. He stated that the request is

consistent with the policy statements P.D. 3, Residential Development policy

statement #2. He stated it is compatible with existing land uses. The

property is served by all city services. He also stated the property does not

lie within a studied floodplain and floodway area. Engineering will need to

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

Johnson stated that the request does not constitute spot zoning. He also

stated that the report from Transportation Planning states that the request

will not have a negative impact on the transportation network. He reported

that off-street parking and curb cuts must meet the Codes and regulations of

the City of Columbus Consolidated Government for residential usage. The

developer will have to construct public streets to City specifications to

handle traffic within the developed area. Said street network shall tie

directly to Warm Springs Road. Warm Springs Road is an arterial roadway that

requires a minimum spacing of 800 feet or greater between intersections. Mr.

Johnson stated that no special conditions are needed. He stated that he

received phone calls from adjoining property owners, as well as letters and

petitions.



Chairperson King stated that a tie occurred at the previous meeting and that

four votes must be attained for approval or denial to send a recommendation to

Council.



Commissioner McKnight stated that he would have to leave at 11:30 a.m.



Chairperson King announced that Commissioner Mullin would be abstaining from

case ZC0203-7 and ZC0203-8.



Christopher Meacham, representing the applicant, stated that they are proposing

to rezone approximately 35 acres from A-1 to R-2. He stated that the area is

consistent with the Comprehensive Plan, policy statements and existing

land-uses. He also stated that he would like the record to reflect that the

Commissioners just recently approved some apartments west of this site on the

north side of Warm Springs Road. Mr. Meacham stated that after meeting with

the adjoining property owners in Springbrook Crossing, they changed their

original plan. He stated that the residents at Springbrook Crossing did not

like their plans; they complained of having additional traffic coming through

their neighborhood. He also stated that after meeting with some community

leaders they decided to design another plan. Mr. Meacham stated that the

current proposal is that traffic would enter / exit to / from Warm Spring Road

and Springbrook Court would not be utilized. He stated that there would be no

traffic in the nearby subdivisions. He also stated that there is R-2 zoning

across the street and R-2 zoning is what best meets the existing area.



Commissioner Dodds stated that if Mr. Meacham and his client were to ask for

R-1 zoning then that would pass because R-1 borders the property on three

sides.



Commissioner McKnight stated that according to the Planning Division?s Finding

of Facts this case is within the Comprehensive Plan and the policy statements

but yet at the same time you would like to protect the existing landowners that

are already there.



Debra Beckley, Jean Flowers, David Ragland, John Partin, Patricia Miles, and

John Page, all residents in the area, voiced various concerns relating to this

rezoning. Topics ranged from lot sizes to previous R-2 developments by the

developer to land-use changes and so on.



Joe Powell, owner of the property, stated that the city is moving north and

east fast. He stated that R-2 is in the Comprehensive Plan for this area. He

also stated that the houses would not be encroaching on the houses because

there would be a large amount of buffer. Mr. Powell stated that there is a

need for affordable housing and this is a good place for it.



At 11:40 a.m., Commissioner McKnight left the meeting



After an hour of discussion and debate, Chairman King asked for a motion

concerning

ZC0203-7. Mr. Meacham and his client agreed to amend ZC0203-7 to an R-1A zone

after some discussion. Commissioner Dodds made a motion to deny the request

based on the fact it is not consistent with the policy statements P.D. 3,

Residential Development policy statements #1 and #3. Commissioner Jamison

seconded the motion. The vote was four votes for denial (Dodds, Kitchen,

Jamison, Corradino) and one vote for approval (Shield).



Chairperson King entertained a motion concerning case ZC0203-8. Commissioner

Dodds made a motion to deny the request based on the fact it is not consistent

with the policy statements P.D. 3, Residential Development policy statements #1

and #3. Commissioner Jamison seconded the motion. The vote was carried

unanimously.



II. REZONING CASES



1) ZC0204-1: Arequest to rezone the property located at 5825 Morningside Drive

(see Location Map). The property is currently zoned R-1(Low Density Resident)

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

The property is to beused for single family residential.



Harco Properties, LLC, Applicant







Chairperson stated that Commissioner Mullin would be voting in place of

Commissioner McKnight.





Mr. Will Johnson presented the Planning Division?s Finding of Facts. He stated

that the request is consistent with the Comprehensive Plan P.D. 6, which shows

Low Density Residential for this area. He stated that the request does not

address the policy statements but is compatible with existing land uses. The

property is served by all city services. He also stated the property does lie

within a studied floodplain and floodway area. Engineering will need to

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

Johnson stated that the request does not constitute spot zoning. He also

stated that the report from Transportation Planning states that the request

will not have a negative impact on the transportation network. He reported

that off-street parking and curb cuts must meet the Codes and regulations of

the City of Columbus Consolidated Government for residential usage. The layout

must meet the standards set forth for subdivision design:intersection with

arterials 800 feet or greater. Mr. Johnson stated that no special conditions

are needed. He stated that he received no comments from adjoining property

owners.



Mr. Johnson stated that Mr. Freeman is trying to clean up the zoning on this

piece of property. He stated half of the piece of property is R-1 and the

other half is R-1A.



Ted Freeman, representing the applicant, stated that he would like to rezone

the area and build a subdivision of seventeen homes. He also stated that Mr.

Charles Jenkins lives on the northeast corner of the property and they are

allowing him another sixteen feet. Mr. Freeman stated that the other lots

would be typical of an R-1A zone and the sewer line is already in place. He

stated that he is simply trying to clean up zoning of the property.



Ouida Newsom, adjacent property owner, stated that she has been living there

for about 61 years and does not have a problem with the rezoning.



After a brief discussion, Chairperson King entertained a motion. Commissioner

Corradino made a motion to approve the request based on the fact that it is

consistent with the Comprehensive Plan, it is compatible with existing land

uses and it does not constitute spot zoning. Commissioner Shields seconded the

motion. The vote was carried unanimously.



2) ZC0204-2: Arequest to rezone the property located at 659 DogwoodDrive (see

Location Map). The property is currently zoned R-1A(Low Density Resident)

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

The property is to beused for single family residential.



JIRA Properties, LLC, Applicant



Mr. Will Johnson presented the Planning Division?s Finding of Facts. He stated

that the request is not consistent with the Comprehensive Plan P.D. 11, which

shows Low Density Residential for this area. He stated that the request is not

consistent with the policy statements P.D. 11, Development policy statement

#2. He stated that it is not compatible with existing land uses. The property

is served by all city services. He also stated the property does not lie

within a studied floodplain and floodway area. Engineering will need to

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

Johnson stated that the request does constitute spot zoning. He also stated

that the report from Transportation Planning states that the request will not

have a negative impact on the transportation network. He reported that

off-street parking and curb cuts must meet the Codes and regulations of the

City of Columbus Consolidated Government for residential usage. The layout

must meet the standards set forth for subdivision design:intersection with

arterials 800 feet or greater. Mr. Johnson stated that no special conditions

are needed. He stated that he received comments from adjoining property owners.



Mr. Johnson read the letter that the applicant faxed asking that the case be

tabled.



Commissioner Shields asked if there were a reason for tabling the case.



Mr. Johnson stated no.



Commissioner Corradino stated that he has spoken with the applicant on the case

and asked abstain from the case.



State Representative Carolyn Hugley, Gloria Strode, Luther Benton, Ada Bell,

Pastor Otis Duncan, Wanda Wright, and Judy Tunnels, all of which live in the

area, voiced opposition to this request. Topics introduced by the opposition

included lot sizes, density, traffic, storm water run-off, and the fact that

the area is an established neighborhood.



After considerable discussion and debate, Chairperson King stated that case

ZC0204-2 would be tabled. He informed the residents that the residents would

be notified.



3) ZC0204-10: Arequest to amend the zoning conditions place in Ordinance 00-96

as it pertains to property at 8400 Veteran Parkway (see Location Map). The

applicant requests that Condition #2 be deleted in its entirety. The current

zoning is A-O (Apartment-Office) District. The property is used for apartments.



Lullwater Apartments, LLC Applicant



The property in question was rezoned with conditions on November 14, 2000

(Ordinance 00-96). The applicant petitioned to delete a condition in April

2002. The applicant is currently seeking to delete Condition #2. This request

will not have an impact on traffic flow or flooding / storm water run-off.



Dick Edwards, representing the applicant, stated that in November 2000 they

agreed not to enter or exit off of Veterans Parkway onto Cooper Creek Road

until a traffic light was installed as part of the widening of Veterans

Parkway. He stated that they would soon open their first phase. He stated

that construction traffic would cause a problem to the new residents living in

phase one. He also stated that they approached Traffic Engineering when they

saw that the traffic light was not going to be put up in the time frame they

expected. Mr. Edwards stated that Ron Hamlett, City Traffic Engineer, asked

them to provide a site distance clearance of sixteen to seventeen hundred feet

from Cooper Creek Road south down Veterans Parkway. He stated that they have

approached the two property owners and received permission to clear the area.

He also stated that this has been inconvenient for them not to use Cooper Creek

Road.



Commissioner Corradino stated that what Mr. Edwards might want to do is clear

the area first and then return to PAC to ask for permission to use Cooper Creek

Road so the Commissioners could see the area before deciding.



Mr. Edwards stated that if they cannot bring construction traffic on to Cooper

Creek Road they are going to have to shut down because they won?t be able to

get their Certificates of Occupancy.



Doug Jefcoat, representing W.C. Bradley, Inc., stated that there was a recent

meeting held at a nearby church with D.O.T. He stated that D.O.T stated that

the right-away acquisition would not start until 2004. He also stated that the

issues with those s-curves are a very dangerous issue today. Mr. Jefcoat

stated that D.O.Ts solution is pretty far out and they have worked with Traffic

Engineering to try to improve the traffic situation now. He stated that

clearing the property first would probably be an unrealistic request.



Mr. Johnson stated that the Commissioners could delete Condition #2 in

Ordinance 00-96 and stated that access to Franklin Road and Cooper Creek Road

would be denied until land is cleared. He stated that it would also state that

Franklin Road and Cooper Creek Road would be restricted to only construction

use until a traffic light is in place.



Linda Kennedy, Ben Russell, and Frankie Pollard, adjoining property owners,

voiced opposition to the request. They were concerned about current

construction traffic from other developments, the lack of a traffic signal,

non-construction traffic, and the danger of the Veterans Parkway-Cooper Creek

Road intersection on Cooper Creek Road.



After much debate and discussion, Chairperson King entertained a motion.

Commissioner Mullin made a motion to approve the amendment. He also stated that

no access should be permitted by apartment residents until a traffic signal is

installed at the intersection of Veterans Parkway and Cooper Creek Road.

Commissioner Shields seconded the motion. Four Commissioners (Mullin, Shields,

Jamison, & Dodds) voted for conditional approval and one Commissioner

(Corradino) voted for denial. The vote was carried for conditional approval.





III. TEXT AMENDMENT CHANGE



1) ZC0204-3: Arequest to amend the Zoning Ordinance for health services

(unclassified) to be allowed as a Principal Use in an H (Historic) Zoning

District. Health services (unclassified) are currently not allowed in this

zoning district.



Maria Lesh, Applicant



Maria Lesh, applicant of the request, stated that she is asking for an

amendment or special exception use. She stated that they have picked downtown

based on the charm and feel you receive in the area. She also stated that this

business is for yoga and pilates. Ms. Lesh stated that this service would be a

use for the business people and the residents in the downtown area.



Mr. Johnson asked if Ms. Lesh would object with this use being a special

exception use.



Ms. Lesh stated no.



Mr. Corradino asked what type of traffic flow would be used.



Ms. Lesh stated that client relations were on a one-person basis.



Craig Strain, a resident of the Columbus Historic District, stated that he is

opposed to this text amendment change. He stated that if this were permitted

as a special exception use the door would be open for other types of businesses

to come into the Historic District.



Mr. Johnson stated that all types of business could fall under that

unclassified use.

He stated that a special exception use would give Council some police powers.



Lance Cutsforth stated that he is the property owner of the location proposed

for this business. He stated that this will be a professional business that

would be catering to a very low clientele.



After a brief discussion, Chairperson King entertained a motion. Commissioner

Dodds made a motion to approve the text amendment request as a Personal /

Health Fitness Training Services as a principal use. Commissioner Mullin

seconded the motion. The vote was carried unanimously.





V. OTHER BUSINESS



Mr. Johnson explained the issue about having a quorum and he addressed the

issue concerning absenteeism.



ADJOURNMENT



Chairperson King adjourned the meeting at 1:30 p.m.





___________________________________ ___________________________________



Ralph King, Chairperson Will Johnson, Zoning Administrator