Columbus, Georgia

PLANNING ADVISORY COMMISSION MEETING



August 6, 2003



A meeting of the Planning Advisory Commission was held Wednesday, August 6,

2003 in the Council Chambers on the Plaza Level of the Government Center.



Commissioners Present: Chairperson Brad Dodds, Rick McKnight, Derrick Shields,

Sharon Jamison, Karl Douglass, Berry Henderson and Bob Crane.



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



Commissioners Absent: Michael Corradino, Shep Mullin.



Others Present: Don Bowles, Perry Carlin, Charles Palmer, Juanita Lewis,

Alfred Lewis, Marty Flournoy, Pauline Marth, Anthony Okeke, and David Fox.



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

10:15 a.m. Chairperson Dodds explained the rezoning process to the audience.



II. APPROVAL OF MINUTES: Chairperson Dodds stated that Commissioner

Crane would vote for Commissioner Corradino.



Chairperson Dodds asked for a motion for the July 16, 2003 minutes to be

accepted. Commissioner Douglass made a motion to accept the minutes.

Commissioner Crane seconded the motion. The minutes were approved unanimously.



III. TABLED CASES:



Chairperson Dodds explained that the following two cases have been tabled until

August 20, 2003 at the applicant?s request:



1.) 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



2.) 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







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. Over half of the proposed lot lies within 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. One special condition is needed, but it will be worked out after the

applicant?s presentation. There were no comments from adjoining property

owners. There was a discrepancy about how the lots would be divided between

the Department of Engineering and Mr. Carlin. That issue was worked out.

There would be a total of five lots. There was a discussion about how the lots

would be subdivided because of the floodplain.



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

that he had worked out a deal with Don Bowles to develop the property as the

Department of Engineering sees fit.



Chairperson Dodds asked for a motion. Commissioner Henderson made a motion

to conditionally approve this case based on the fact that although it is not

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

consistent with its policy statements, and it is compatible with existing

land-uses. The recommended condition is: only five lots shall be allowed on

this property. The Assistant Director of Engineering shall review or suggest

lot configuration to address flood control issues before plat approval.

Commissioner Douglass seconded the motion. The vote was carried unanimously

for conditional approval.





4). ZC0306-6: A request to rezone the property located 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



Chairperson Dodds excused himself from this case. Vice-Chairperson McKnight

took his place as chairman.



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 General Commercial for this area. It is consistent with policy

statements (P.D. 2), Residential Development policy statement #2. 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, 3) no

external trash dumpsters / compactors shall be located along the southern

property line, 4) the property shall be used for multi-family residential only,

and 5) 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.



Martin Flournoy, representing the applicant, came to the podium. He stated

that Mr. Corbett owns the adjoining property, the Grand Reserve apartment

complex. He has a need for additional apartment units and will buy this

property.



Chairperson Dodds asked for discussion and a motion. Commissioner Shields

made a motion to conditionally 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 consistent with one of its policy statements, 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, 3) no external garbage dumpsters / compactors shall be

permitted along the southern property lines, 4) the property shall be used for

multi-family residential only, and 5) screening for air conditioners,

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

the property. Commissioner Henderson seconded the motion. The vote was

carried unanimously for conditional approval.





IV. REZONING CASES:



1.) ZC0306-10: A request to rezone the property located at 1115 Brown Avenue.

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

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

day care center and offices.



C. Anthony Okeke, 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. 8),

which shows Offices 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 a 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) no external trash dumpsters / compactors shall be located along the property

lines bordered by the R-3A zoning district, 3) screening for trash dumpsters /

compactors, air conditioners, refrigeration units, and heat pumps shall be

required for all development on the property, and 4) the existing driveway

shall be upgraded to a commercial driveway. There were no comments from

adjoining property owners. This is the old Easter Seals building on Brown

Avenue. It has come before Council twice for special exception uses to operate

day care centers since Easter Seals moved to North Columbus. The latest one

was granted on August 5, 2003.



Mr. Anthony Okeke, the applicant, came to the podium. In the past few years it

has been used as a day care center. He wants to rezone this property to A-O so

that, in the future, if he sells to someone else, they won?t have to get a

special exception use.



Chairman Dodds asked for discussion and a motion. Commissioner Douglass 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 is compatible with

existing land-uses, it is served by water and sewer, and is 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 located along the property lines bordered by the R-3A zoning district,

3) screening for trash dumpsters / compactors, air conditioners, refrigeration

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

and 4) the existing driveway shall be upgraded to a commercial driveway.

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

conditional approval.





2.) ZC0307-1: A request to rezone the property located at 4261 St. Mary?s

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 day care center.



Juanita and Alfred Lewis, Sr., Applicants



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 Mixed Office / 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. This portion of St. Mary?s Road is

scheduled for widening with right-of-way acquisition beginning in 2004 and

construction beginning in 2007. 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

located along the property lines bordered by the R-1A zoning district, 4)

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

required for all development on the property, 5) the existing driveway shall be

upgraded to a commercial driveway, and 6) the property shall be used as a day

care center or offices until such time as traffic improvements are made to St.

Mary?s Road. There were no comments from adjoining property owners.



Juanita and Alfred Lewis, the applicants, came to the podium. They want to use

the property to start a day care center. They would have to meet state rules

and regulations but otherwise there would be no construction.



Commissioner Dodds asked for discussion and a motion. Vice-Chairperson

McKnight 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, 3) no external trash dumpsters / compactors shall be

located along the property lines bordered by the R-1A zoning district, 4)

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

required for all development on the property, 5) the existing driveway shall be

upgraded to a commercial driveway, 6) the property shall be used as a day care

center or offices until such time as traffic improvements are made to St.

Mary?s Road, and 7) no housing shall be permitted on this property.

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

conditional approval.





3.) ZC0307-3: A request to rezone the properties located at 2100 Hilton

Avenue and 2500 Woodcrest Drive. The current zoning is R-1A (Low Density

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

District. The property is used as a church and day care center and the day

care center is expanding its hours.



St. Thomas Episcopal Church, 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) all lighting shall be directed internally using deflector

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

property lines bordered by the R-1A zoning district, 3) the property shall only

be used as a church and accessory facilities, private school, and / or a day

care center, 4) if St. Thomas Episcopal Church ceases to exist on these

properties, then the Planning Division shall rezone the property back to R-1A,

5) screening for trash compactors / dumpsters, air conditioners, refrigeration

units, and heat pumps shall be required for all development on the property, 6)

all six conditions shall be permanent and not subject to any 20 year time limit

nor to any time limit whatsoever; the conditions shall only be removed by

applying for a rezoning to amend the conditions or applying to rezone the

property outright. There were comments from adjoining property owners, one in

opposition and several concerned about what was going to happen. The day care

center is currently open for three and four year olds from 8:00 AM to Noon.

They are attempting to expand their hours from 8:00 AM to 5:00 PM. Once the

day care center operates beyond four hours, then a Certificate of Occupancy

(CO) is required. However, the CO cannot be issued because the day care center

is an existing, non-conforming use. The only resolve to expand the hours is to

rezone the property and request a Special Exception Use.



Pauline Marth, Director of the St. Thomas Day School, came to the podium. They

are trying to fill a need for parents to extend the day care hours. There

won?t be any construction; only compliance with state certification and fire

marshal inspection.



Chairperson Dodds asked for discussion and a motion. Vice Chairperson McKnight

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 does not constitute spot zoning, and it

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

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

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

property lines bordered by the R-1A zoning district, 3) the property shall only

be used as a church and accessory facilities, private school, and / or a day

care center, 4) if St. Thomas Episcopal Church ceases to exist on these

properties, then the Planning Division shall rezone the property back to R-1A,

5) screening for trash compactors / dumpsters, air conditioners, refrigeration

units, and heat pumps shall be required for all development on the property, 6)

all six conditions shall be permanent and not subject to any 20 year time limit

nor to any time limit whatsoever; the conditions shall only be removed by

applying for a rezoning to amend the conditions or applying to rezone the

property outright. Commissioner Douglass seconded the motion. The vote was

carried unanimously for conditional approval.





4). ZC0307-4: A request to rezone the properties located at 5619 and 5631

Hodges 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 as single family residential.



Scott Jones & David Fox, Applicants



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. 3), which shows

Low Density Residential for this area. It is consistent with policy statements,

Planning District 3, Residential Development policy statement #2. 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, Georgia Consolidated Government for residential usage. No special

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

concerning this request.



David Fox, an applicant, came to the podium. He stated that Scott Jones?

grandmother is the owner of the property. Mr. Fox has a contract to buy the

property if it is rezoned and subdivide the property.



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

a motion to approve this request based on the fact that although it is not

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

consistent with one of its policy statements, it is compatible with existing

land-uses, and it is served by water and sewer. Commissioner Douglass seconded

the motion. The vote was carried unanimously forapproval.



5). ZC0307-5: A request to create an overlay zoning classification. The

new Mill Redevelopment Overlay District (MROD) would allow Council to address

specific issues that may exist with vacant mills, without the necessity for

creating an entirely new zoning district (SAC, CRD, etc.).



Planning Division, Applicant



Mr. Will Johnson, representing the Planning Division, stated that the Planning

Division, at the request of Columbus Council, is proposing a new zoning

classification. The purpose and intent of creating a Mill Restoration Overlay

District (MROD) is to allow the Council to address specific issues that may

exist with vacant mills, without the necessity for creating an entirely new

zoning district (i.e., SAC, CRD, etc) or creating the need for one or more

variances to achieve a desired community benefit. It will allow flexible

zoning and planning techniques.



He stated that every mill is going to be different. For instance, the old

Johnston Mill has been developed as loft apartments but also will have some

commercial uses. Their current A-O zoning does not allow mixed-uses so this

would immediately be useful to that project. The Jordan Mill is next to the

Hope VI Project and would tie-in nicely with the project, mainly as commercial

with limited residential. Swift Mill on Second Avenue, Bibb Mill, Columbus

Mill, and now the Eagle and Phenix Mill are vacant. The Council wanted to

create something broad enough for an applicant to use that would allow for

mixed usage. They will turn in a Master Plan and be heard by the Planning

Advisory Commission and go through the necessary steps for the rezoning

process.



Chairperson Dodds asked for discussion and a motion. After a brief discussion,

Commissioner Henderson made a motion to approve the MROD zoning

classification. Commissioner Douglass seconded the motion. It was unanimously

approved.





V. NEW BUSINESS



VI. OLD BUSINESS



VII. ADJOURNMENT



The meeting was adjourned at 11:20 a.m.









___________________________________ ___________________________________

Bradford Dodds, Chairperson Will Johnson, Zoning Administrator