PLANNING ADVISORY COMMISSION MEETING
September 2, 2009
A meeting of the Planning Advisory Commission was held Wednesday, September 2,
2009 in the Council Chambers on the Plaza Level of the Government Center.
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Commissioners Present:
Chairperson:
Vice Chairperson: Cathy Hodge
Commissioners: Walter Calhoun
Travis Chambers
Gladys Ford
Glen Heinzelman
Ralph King
Lucy Sheftall
Ronny Smith
Staff Members: Daniel Stegall ? Zoning Administrator
Will Johnson ? Chief, Planning Department
Commissioners Absent: Chairperson Scott Boyce
Others Present: Trianadez Lipscomb.
CALL TO ORDER: Vice Chairperson Scott Boyce called the meeting to order at 9:03
a.m. She explained the rezoning process to the audience.
APPROVAL OF MINUTES: August 19, 2009. Commissioner Chambers made a motion to
approve the minutes for August 19, 2009. Commissioner King seconded. They
were approved unanimously.
SPECIAL EXCEPTION CASE:
EXCP 8-09-2039: A request for a Special Exception Use for property located at
3647 Buena Vista Road for Auto Sales. Trianadez Lipscomb is the applicant.
Mr. Daniel Stegall read the Staff Report for this case.
Trianadez Lipscomb has submitted an application for the Special Exception Use
cited above. The property is located in a GC (General Commercial) District.
The purpose of the Special Exception Use is to allow for the operation of an
auto sales dealership on less than 2 acres:
(1) Access: Is or will the type of street providing access to the use be
adequate to serve the proposed special exception use?
Existing access from Buena Vista Road is adequate for the requested land use of
this property.
(2) Traffic and Pedestrian Safety: Is or will access into and out of the
property be adequate to provide for traffic and pedestrian safety, the
anticipated volume of the traffic flow, and access by emergency vehicles?
There will be no impact to the transportation system, nor will there be any
impact to pedestrian safety.
(3) Adequacy of Public Facilities: Are or will public facilities such as
school, water, or sewer utilities and police and fire protection be adequate to
serve the special exception use?
The proposed use is served by all city services. There will be no school impact.
(4) Protection from Adverse Affects: Are or will refuse, service, parking and
loading areas on the property be located or screened to protect other
properties in the area from such adverse effects as noise, light, glare or odor?
The proposed use is not expected to adversely affect neighboring properties.
Issues dealing with parking, loading, external dumpsters/compactors, and light
are addressed in the UDO. Noise impacts are addressed in the City Code.
(5) Hours of Operation: Will the hours and manner of operation of the special
exception use have no adverse effects on other properties in the area?
The neighboring properties should not be affected by the hours of operation of
this proposed use.
(6) Compatibility: Will the height, size, or location of the buildings or other
structures on the property be compatible with the height, size, character, or
location of buildings or other structures on neighboring properties?
The proposed use will be compatible with neighboring commercially zoned
properties.
Thirteen (13) property owners within 300 feet of the parcel were notified by
letter of the proposed Special Exception Use. To date, the Planning Department
did not receive any comments regarding the Special Exception Use request.
Trianadez Lipscomb of 807 April Drive, Phenix City, came to the podium. He
wants to open a car lot here. He hopes to have 10 reasonably priced cars.
There is no objection from the neighbors.
Vice Chairperson Hodge asked for discussion and a motion. Commissioner
Chambers made a motion to approve this Special Exception Use request.
Commissioner Heinzelman seconded. It was approved unanimously.
REZONING CASES: None.
TEXT AMENDMENTS:
REZN 8-09-2044: Changes to the UDO. The Planning Department is the applicant.
Request to amend the text of the Unified Development Ordinance (UDO) to add
Single Family Residential as a permitted use in the Uptown (UPT) zoning
district; to amend seasonal sales in Section 3.2.63 Temporary Uses or Special
Events; and to add a new subsection F to Section 7.12.7. Maintenance of Ponds
and Facilities
UNIFIED DEVELOPMENT ORDINANCE REVISIONS ? CHAPTER 3
(Explanation of Revisions)
1. Explanation of Revisions: Amend Table 3.1.1 by adding Dwelling,
Single-family Detached, as a Permitted Use in the Residential Multi-Family 1
(RMF1) and Uptown (UPT) zoning districts.
ORIGINAL ORDINANCE
Use H
I
S
T R
E
10 R
E
5 R
E
1 R
T S
F
R
1 S
F
R
2 S
F
R
3 S
F
R
4 R
M
F
1 R
M
F
2 M
H
P U
P
T C
R
D N
C R
O C
O G
C S
A
C L
M
I H
M
I T
E
C
H N
O
T
E
S
Dwelling, Single-family Detached P P P P P P P P P X X X
PROPOSED ORDINANCE CHANGE
Use H
I
S
T R
E
10 R
E
5 R
E
1 R
T S
F
R
1 S
F
R
2 S
F
R
3 S
F
R
4 R
M
F
1 R
M
F
2 M
H
P U
P
T C
R
D N
C R
O C
O G
C S
A
C L
M
I H
M
I T
E
C
H N
O
T
E
S
Dwelling, Single-family Detached P P P P P P P P P P P *
2. Explanation of Revisions: Amend Section 3.2 by adding new Section 3.2.30.1.
ORIGINAL ORDINANCE PROPOSED ORDINANCE CHANGE
Sec. 3.2. Additional Standards Applicable to Specific Uses.
Section 3.2.30.1. Dwelling, Single-family Detached
XXX
Sec. 3.2. Additional Standards Applicable to Specific Uses.
Section 3.2.30.1. Dwelling, Single-family Detached
A single family detached dwelling shall comply with the standards listed below.
A. Location. A single family detached dwelling shall only be permitted in the
High Uptown Historic District within the UPT zoning district.
3. Explanation of Revisions: Amend Section 3.2.63.C.1 by adding new
Subsections (C), (D), and (E).
ORIGINAL ORDINANCE PROPOSED ORDINANCE CHANGE
Sec. 3.2.63. Temporary Uses or Special Events.
Section 3.2.63.C.1
C. Duration. An event shall not exceed seven consecutive days. The City
Manager may authorize one administrative time extension of up to three days.
The Council shall approve any event more than ten days in length.
1. Exemption. The following events shall be exempt from the ten day
limitation.
(A) Community Fairs. Community fairs shall not exceed 14 days of operation
and being open to the public, excluding time to set up or dismantle the fair.
(B) Religious Meetings. Religious meetings of a temporary nature shall not
exceed 14 days in length, excluding time to set up or dismantle the meeting
facilities.
XXX
Sec. 3.2.63. Temporary Uses or Special Events.
Section 3.2.63.C.1
C. Duration. An event shall not exceed seven consecutive days. The City
Manager may authorize one administrative time extension of up to three days.
The Council shall approve any event more than ten days in length.
1. Exemption. The following events shall be exempt from the ten day
limitation.
(A) Community Fairs. Community fairs shall not exceed 14 days of operation and
being open to the public, excluding time to set up or dismantle the fair.
(B) Religious Meetings. Religious meetings of a temporary nature shall not
exceed 14 days in length, excluding time to set up or dismantle the meeting
facilities.
(C) Christmas Trees. Christmas trees shall be permitted starting the weekend
prior to Thanksgiving and continuing until January 1.
(D) Pumpkin Sales. Pumpkin sales shall be permitted thirty (30) days prior to
October 31.
(E) Fireworks Sales. Fireworks sales shall be permitted for the following:
(1) Independence Day. Fireworks sales shall be permitted thirty (30) days
prior to July 4.
(2) New Years Day. Fireworks sales shall be permitted thirty (30) days prior
to January 1.
4. Explanation of Revisions: Amend Section 3.2.63.G.5(A) by amending
Subsections (A).
ORIGINAL ORDINANCE PROPOSED ORDINANCE CHANGE
Sec. 3.2.63. Temporary Uses or Special Events.
Section 3.2.63.G.5(A)
G. General Standards. Temporary uses or special events shall comply with the
standards listed below.
5. Application Requirements. Applications for a temporary use or special
event authorization shall be submitted to the Director of Inspections and
Codes.
(A) Submittal. Applications shall be filed at least 30 days prior to the
opening day of the use or event.
Sec. 3.2.63. Temporary Uses or Special Events.
Section 3.2.63.G.5(A)
G. General Standards. Temporary uses or special events shall comply with the
standards listed below.
5. Application Requirements. Applications for a temporary use or special
event authorization shall be submitted to the Director of Inspections and
Codes.
(A) Submittal. Applications shall be filed at least 5 days prior to the
opening day of the use or event.
UNIFIED DEVELOPMENT ORDINANCE REVISIONS ? CHAPTER 7
(Explanation of Revisions)
5. Explanation of Revisions: Amend Section 7.12.7 by adding new Subsection F.
ORIGINAL ORDINANCE PROPOSED ORDINANCE CHANGE
Sec. 7.12.7 Maintenance of Ponds and Facilities.
Section 7.12.7
Section 7.12.7. Maintenance of Ponds and Facilities.
A. Facilities to be Accepted by the City. If a proposed residential facility
or pond is intended for acceptance by the City, then it must be located on a
separate lot and deeded to the City along with an access way that is at least
20 feet in width containing the 10-foot wide access road. The access way shall
either be a portion of the lot having frontage on a street, or an access
easement connecting the lot to a street. The access road shall be constructed
to standard specifications of the Engineering Department. The lot need not meet
zoning requirements as a buildable lot.
B. Variance. A variance from side yard setbacks may be requested from the
Planning Division if the 20-foot access prohibits the builders from complying
with zoning requirements.
C. Petition for Acceptance. The developer should petition the City for
acceptance upon completion of construction.
D. Bond. A continuous two year maintenance bond to cover the maintenance and
construction shall be provided. The bond will remain in effect until released
by the Department of Engineering at which time the City will assume maintenance
of the facility.
E. Perimeter Buffering. The perimeter of the parcel deeded to the City for
detention ponds and access shall be planted with good living 4 foot high
Burford Holly, Ligustrum Japonicum (wax leaf privet), Leland Cypress, or
approved equal and set 4-foot on centers.
1. Minimum Maintenance Period. All plants shall be in good living condition
at the end of the two year maintenance period and shall have been planted a
minimum of one year.
2. Extended Warranty for Planting. If the 1 year planting cannot be met then
an extended warranty shall be required.
XXX
Sec. 7.12.7 Maintenance of Ponds and Facilities.
Section 7.12.7
Section 7.12.7. Maintenance of Ponds and Facilities.
A. Facilities to be Accepted by the City. If a proposed residential facility
or pond is intended for acceptance by the City, then it must be located on a
separate lot and deeded to the City along with an access way that is at least
20 feet in width containing the 10-foot wide access road. The access way shall
either be a portion of the lot having frontage on a street, or an access
easement connecting the lot to a street. The access road shall be constructed
to standard specifications of the Engineering Department. The lot need not meet
zoning requirements as a buildable lot.
B. Variance. A variance from side yard setbacks may be requested from the
Planning Division if the 20-foot access prohibits the builders from complying
with zoning requirements.
C. Petition for Acceptance. The developer should petition the City for
acceptance upon completion of construction.
D. Bond. A continuous two year maintenance bond to cover the maintenance and
construction shall be provided. The bond will remain in effect until released
by the Department of Engineering at which time the City will assume maintenance
of the facility.
E. Perimeter Buffering. The perimeter of the parcel deeded to the City for
detention ponds and access shall be planted with good living 4 foot high
Burford Holly, Ligustrum Japonicum (wax leaf privet), Leland Cypress, or
approved equal and set 4-foot on centers.
1. Minimum Maintenance Period. All plants shall be in good living condition
at the end of the two year maintenance period and shall have been planted a
minimum of one year.
2. Extended Warranty for Planting. If the 1 year planting cannot be met then
an extended warranty shall be required.
F. Maintenance of Private Stormwater Management Facilities. The
owner/operator of a private stormwater management facility (i.e., a facility
not accepted by the city that serves any development) shall perpetually be
responsible for proper operation and maintenance of said facility. Failure to
operate a stormwater management facility in accordance with this chapter shall
be a violation of this chapter. Should it become necessary for the city to
perform work in order to maintain a private facility then the city may place a
lien against the property until full reimbursement for the work performed by
city forces is recovered.
Will Johnson, Chief of the Planning Department came to the podium to explain
the Text Amendments included in this case.
Vice Chairperson Hodge asked for discussion and a motion. Commissioner Smith
made a motion to approve these Text Amendments. Commissioner Sheftall
seconded. It was approved unanimously.
NEW BUSINESS: There was a discussion about the Planning Department being
notified in writing of an applicant?s representative. Commissioner Sheftall
motioned that in the event a representative not listed on the original
application is to speak in favor of a rezoning case, the original designated
representative will amend the application in writing of the subsequent
representative. Commissioner Heinzelman seconded. It was approved
unanimously. Mr. Johnson stated that this document can be faxed or emailed to
the Planning Department.
OLD BUSINESS: None.
ADJOURNMENT: 9:30 a.m.
_______________________________
____________________________________
Cathy Hodge, Vice Chairperson Daniel Stegall,
Zoning Administrator
Attachments
No attachments for this document.