Columbus, Georgia

PLANNING ADVISORY COMMISSION MEETING



July 17, 2002



A meeting of the Planning Advisory Commission was held Wednesday, July 17,

2002, in the Council Chambers of the Plaza Level of the Government Center.



Commissioners Present: Vice Chairperson Bradford Dodds, Rick McKnight, Berry

Henderson, Mike Corradino, Arline Kitchen, and Derrick Shields



Commissioners Absent: Chairperson Ralph King, Sharon Jamison, and Shep Mullin



Staff Members: Will Johnson, Zoning Administrator, and Janell Price, Principal

Planner



Others Present: Dozier Fuller, Kay Boyd, Charles Gilbert, Denise Blair, Faye

Walker, Janice Baird, Bill Berry, Buddy Mordic, Rodney Milner, Blake Melton,

Stephanie Crosse, Allan Kamensky, and Leah Braxton.



CALL TO ORDER



Vice Chairperson Dodds called the meeting to order at 10:05 a.m. Vice

Chairperson Dodds explained the rezoning process to the audience. Vice

Chairperson Dodds asked for a motion on the June 19, 2002 meeting minutes.

Commissioner Shields made a motion to accept the minutes. Commissioner

Corradino seconded the motion. The minutes were approved unanimously.



I. TABLED CASES



ZC0205-9: A request to rezone the property located at 2501 Old Whittlesey

Road. The current zoning is M-1 (Light Manufacturing) District. The proposed

zoning is C-3 (GeneralCommercial) District. The property is to be used as a

retail strip center.



Rodney Milner, Applicant



Vice Chairperson Dodds stated that Commissioner Shields would be voting in

place of Sharon Jamison.



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

that the request is consistent with the Comprehensive Plan P.D. 2, which shows

Mixed Office / Commercial for this area. He stated that the request is

consistent with the policy statements P.D. 2, Commercial Development policy

statement #1. 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 commercial usage. Mr. Johnson

stated that a special condition is needed: all lighting shall be directed

internally using deflector shields. He stated that he did not receive comments

from adjoining property owners.



Rodney Milner, the applicant, stated that the site would have a retail strip

center similar to the one next door to this property. It would face Veterans

Parkway and would access Old Whittlesey Road.



After a brief discussion, Vice Chairperson Dodds entertained a motion.

Commissioner Corradino made a motion to conditionally approve the request based

on the fact it is consistent with the Comprehensive Plan and a policy

statement, and it does not constitute spot zoning. The recommended condition

is: all lighting shall be directed internally using deflector shields.

Commissioner Henderson seconded the motion. The vote was carried unanimously

for conditional approval.





II. REZONING CASES



1) ZC0206-1: Arequest to rezone the property located at 6131 Crystal Drive.

The property is currently zoned R-1A(Low Density Residential) District. The

requested zoning is A-O (Apartment-Office) District. The property is to beused

for an office.



Mordic 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 policy statements

were not addressed. 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 commercial usage. Mr. Johnson

stated that a special condition is needed: all lighting shall be directed

internally using deflector shields. He stated that he did not receive comments

from adjoining property owners.



Buddy Mordic, representing the applicant, stated that their plans are to

convert the house currently on the property into an office for his business.

He stated that his current office is in the apartment complex across the street

from this site. The present location has become too small for his business.

He stated that the house at 6123 Crystal Drive was vacant.



After short discussion, Vice Chairperson Dodds entertained a motion.

Commissioner Henderson made a motion to conditionally approve the case based on

the fact that it iscompatible with existing land-uses, it is served by water,

sewer and all city services, it does not constitute spot zoning, and it will

not have a negative impact on the transportation network. The recommended

condition is: all lighting shall be directed internally using deflector

shields. Commissioner Shields seconded the motion. The vote was carried

unanimously for conditional approval.



2) ZC0206-2: Arequest to rezone the properties located at 1528, 1529, 1531,

1532, 1535, 1536,

1539, and 1540 Ridge Creek Way; and 1021, 1022, 1023, 1024, and 1025 Timber

Creek

Way. The property is currently zoned C-2 (Neighborhood Shopping) District.

The requested

zoning is R-1A(Low Density Residential) District. The property is being used

as single family

residential.



Planning Division, Applicant



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

that the request is consistent with the Comprehensive Plan P.D. 2, which shows

Low Density Residential for this area. He stated that policy statements are

not addressed. 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. Mr.

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

receive comments from adjoining property owners.



Mr. Johnson stated that thePlanning Division is rezoning this area so it will

comply with

current land-uses. The current land-use in that area is residential. The

developer, the

engineering firm, the Planning Division, and the Codes and Inspections Division

all interpreted

the tax map incorrectly. The developer and the engineering firm brought the

issue to our

attention. The Planning Division researched the plats and concluded that the

zoning for this area

was incorrect. This administrative process will correct the zoning from C-2 to

R-1A which will

be consistent with the current land-use. .



After a brief discussion, Vice Chairperson Dodds entertained a motion.

Commissioner Shields 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, it is served by

water and sewer, and it does not constitute spot zoning. Commissioner

Corradino seconded the

motion. The vote was carried unanimously for approval.



3) ZC0206-3: A request to amend zoning conditions placed in Ordinance 97-6 as

it pertains to properties bounded byJR Allen Parkway, Whitesville Road, and

Bradley Park Drive. The applicant requests that the first sentence of

Condition #2 and the first sentence of Condition #3 be deleted in their

entirety. The applicant requests that any use be permitted on the property

(within the bounds of the C-3 zoning district).



Stephanie Crosse, Applicant



Mr. Will Johnson presented the Planning Division?s Staff Report. The property

in question was rezoned with conditions (Ordinance 89-24) on March 7,1989. The

property was petitioned to amend Condition #2 of Ordinance 89-24 in 1996. On

January 14, 1997, Ordinance 97-6 amended Condition #2 of Ordinance 89-24. The

current request is to amend Condition #2 of Ordinance 97-6 to allow one

additional curb-cut onto Whitesville Road, south of Rollins Way, bringing the

total curb-cuts along Whitesville Road to six. Please refer to Ordinances

89-24 and 97-6 and the maps for further information.



Mr. Johnson also read the Traffic Engineering Division?s report: access to this

section of Whitesville Road has been restricted to five locations by Ordinance

97-6. This restriction was recommended after a traffic evaluation indicated

that limited access would reduce the number of accidents and congestion on

Whitesville Road. The shopping center and development in this area needs to

access Whitesville Road by means of an internal roadway. The required

provisions for accessing Whitesville Road by an internal roadway are in place

and should be used. The ordinance required the developer to be responsible for

the cost involved in signalizing Whitesville Road at two access points

(Whittlesey Road and Lyon Drive); therefore, your request must be denied.



Allan Kamensky, representing the applicant, stated that a mall was planned on

this site when the properties were initially rezoned in 1989. He stated that

for a regional mall, only three curb-cuts were necessary on Whitesville Road.

Between 1989 and 1996, the proposed uses of the properties changed from a mall

concept to big box development. He stated in 1996 two additional curb-cuts

were requested for Whitesville Road based on the use change to big box

development. He further stated that since 1996, this last remaining area of

undeveloped property is not conducive to big box development. He stated that

soft retail / office would be more appropriate on this site. He also stated

that the access being requested would be right-in / right-out only. He added

that they have met with the neighbors and they have compromised on the issues

concerning this case. He stated that Traffic Engineering?s report had no basis

for denial. He added that his traffic engineer did not see an issue with the

additional curb-cut.



Commissioner Corradino asked if the Traffic Engineering report was based on the

current application or based on the proposed past uses.



Mr. Johnson stated that he was not sure and left the meeting to call Ron

Hamlett, City Traffic Engineer, and find out details concerning this case.



Mr. Johnson returned to state that Mr. Hamlett stated that the 1996 traffic

study was based on complete build-out. Mr. Hamlett also stated that the

current site plans were considered.



Charles Gilbert, 1701 Lyon Drive, stated that he was against the prior

rezonings for this area but supports this one based upon the developer?s

plans. He stated that he was a former city engineer and he did not have a

problem with this rezoning.



Dozier Fuller, 6215 Fox Chapel Drive, stated that he was originally opposed to

the request but now supports it after meeting with the developers. He stated

that what is proposed for the site is better than what could go there.



Denise Blair, 6231 Fox Chapel Drive, stated that she was originally opposed to

the rezoning request (which was supported by a petition) but would support it

if Talbot?s clothing store would be the business proposed to front Whitesville

Road. She said that if Talbot?s backed out, then she did not want an

additional curb-cut.



After lengthy discussion and debate, Vice Chairperson Dodds entertained a

motion. Commissioner McKnight made a motion to deny the request based on the

report from Traffic Engineering. Commissioner Henderson seconded the motion.

Three Commissioners (McKnight, Shields, and Henderson) voted for denial and two

Commissioners (Corradino and Kitchens) voted against denial. Four votes,

either for denial or approval, must be achieved for the vote to be carried.



Vice Chairperson Dodds entertained another motion. Commissioner Corradino made

a motion to approve the request based on the fact that the curb-cuts will

create less congestion and aesthetic enhancement, and will be right-in /

right-out only. Commissioner Kitchens seconded the motion. Two Commissioners

(Corradino and Kitchens) voted for approval and three Commissioners (McKnight,

Shields, and Henderson) voted against approval. Four votes, either for denial

or approval, must be achieved for the vote to be carried; therefore the case is

tabled.



Mr. Kamensky stated that time restraints would not permit the tabling of the

case. He requested a third vote or a compromise. He stated that since this

was only a recommendation, he would prefer if it went forward regardless of

denial or approval.



Commissioner Kitchens asked Mr. Kamensky if he wanted the recommendation to go

to Council regardless of denial or approval.



Mr. Kamensky stated that it needed to go forward.



Vice Chairperson Dodds entertained a third motion. Commissioner Shields made a

motion to deny the case based on the report from Traffic Engineering.

Commissioner Henderson seconded the motion. Four Commissioners (Shields,

Henderson, Corradino, and Kitchens) voted for denial and one Commissioner

(McKnight) abstained from the vote. The vote was carried 4 to 0 to 1 for

denial.



4) ZC0206-4: A request to rezone the property located at 1524 and 1532 Harvey

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

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

used as office / warehouse.



Janice Baird, Applicant



Vice Chairperson Dodds abstained from this case due to a conflict of interest.

Commissioner Kitchens served as chairperson.



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. 8, which

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

consistent with the policy statements P.D. 8, Commercial Development policy

statement #1. He stated it 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 commercial usage. Mr. Johnson stated that

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

using deflector shields and 2) no external trash dumpsters / compactors shall

be allowed along the property lines bordered by residential zoning districts.

He stated that he did not receive any comments from adjoining property owners.



Janice Baird, the applicant, stated that she owned the property and that she

had prospective buyers who wanted to put commercial uses on the properties.



Bill Berry stated that he was a prospective buyer and he wanted to move his

office to one of the sites.



After a short discussion, Acting Chairperson Kitchens entertained a motion.

Commissioner Shields made a motion to conditionally approve this case based on

the fact that it is consistent with a policy statement of the Comprehensive

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

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

internally using deflectors and 2) no external trash dumpsters / compactors

shall be allowed along the property lines bordered by residential zoning

districts. Commissioner Henderson seconded the motion. The vote was carried

unanimously for conditional approval.





IV. OTHER BUSINESS



Mr. Johnson stated that he would contact the APA and make sure all PAC members

are getting their monthly magazines, brochures, etc. He also stated that the

case concerning additional PAC members would go to Council on July 30, 2002.



ADJOURNMENT



Vice Chairperson Dodds adjourned the meeting at 12:41 p.m.





___________________________________ ___________________________________



Bradford Dodds, Vice Chairperson Will Johnson, Zoning Administrator