Planning & Zoning - Regular Meeting

Rocket Club. That right.

Tell us about that's a subdivision case. All right. Ready? Yeah. Okay. Uh the first case tonight, S052611 is final map approval for Everly phase 4B reservey number one. All right. Got the birch tree. Oh, so sorry. Um,

you're I'm so glad you're paying attention. It was a test and you passed. Yay. Um, sorry about that. A case continued from the April 6 meeting. S22550, final map approval for Birch Tree Swim and Racket Club. Uh this is zoned R1 single family residential located at 3585 Burnt Leaf Lane. Uh the purpose of this application is to resubdivide three lots on one acre into two lots. Um this case is approved contingent upon receipt of a final signed myar. C

can you tell me what they're doing? I mean it's it's all part of the racket and tenants. how they're going to um divide it up. Um Matt, can you zoom out a little bit? Yeah.

Yeah. The uh the swimming pool itself and the accessory buildings associated with it are going to be located on lot one. Uh there are some former tennis courts that are on the lower levels and those are included on lot two. U not entirely sure at this point whether or not the future use of that will be for tennis courts or if it would be redeveloped uh as a residential property. Uh our understanding is the applicant in this case, the Birch Tree Swim Club, would like to divest and sell lot two uh with the tennis courts on it and utilize the funds received from that sale to reinvest in the swimming pool.

Okay. But now are we going to have a problem on lot two when they want to put a couple of houses on there and it doesn't really have any road frontage. Uh the representative of the case did ask about the developability of that lot and we supplied them with the number of units it would be able to handle based on the road frontage and um with a road frontage of uh 75 ft required. in this particular zoning district. Um you there's one residence that could be placed on the lot unless uh there was a developmental subdivision of that property including a a stub street.

You mean they would have to purchase some property from somebody to get in there? No sir. Uh there's enough on the side there. There's a rightway that you can get to it. Uh I see that rightway on the left. The proposed lot two includes the area noted as lot three block two uh with frontage on Atkins Trim Boulevard. Okay. So there the frontage for lot two is approximately 125 ft. Okay. I've got a Yeah, I've got a couple questions. First off, are the tennis courts on the upper that's on lot one? No, ma'am.

So all the tennis courts are in lot. All the tennis courts are on lot two. Okay. And next question. I remember the first time this came to us, there was a question about ownership of one of the parcels. I guess it was right there on Burnt Leaf Court. It was a question, I guess, of the city that uh that particular track of land was taken out of the subdivision plat. Uh it is not included in this revised edition. Okay. So, no longer any question regarding that. Okay.

Not as it pertains to this plat. Any other questions? Okay, next case is the U. All right, next case we have is conditional use case carried over from last month. Uh this is for 3599 Deerfield Drive, a group care home. Uh the applicant is seeking to reclassify their home daycare from what our ordinance defines as a family daycare home with a maximum of six children allowed uh to a group daycare home which would have a maximum aotment of 12 children. Um we don't have any additional comments or alterations to our comments from the last meeting. Um we are not uh providing a positive recommendation on this case. U should the planning commission decide to offer a favorable recommendation to the city council. We've outlined uh some conditions that we would recommend you place on your recommendation. Uh however, I do note that we had a couple of additional property owners and residents on U Deerfield that communicated to our office uh their opposition to this case. I think we were looking how many three three additional communications. Oh, for three total. Three total communications and office.

You haven't been in contact with them all month? I've not.

Okay. You want to go go over your recommendations if it was approved? Uh let's see the recommendations uh for conditions that we have would be uh number one all the upgrades outlined in the application be successfully planned, permitted, completed and inspected and a new certificate of occupancy be issued prior to the increase in number of students being allowed to occupy the building. You know that uh that particular condition is is a loaded one because you know all of the uh improvements from uh sprinkler system to uh new walls. All of that would need to go through a permitting a planning and permitting process whereby our fire department and our building department would review all the plans for code compliance prior to issuing a permit. and all of those improvements would need to be inspected on a new CO issue. So there there's a lot built into that particular condition to make sure that uh any improvements that are made uh meet the latest and greatest with the fire and building codes. Um the second condition we recommend is no pickup or drop off service on Atkins Trim Boulevard. It's a busy street, higher volume street than Deerfield, and we just uh do not believe that it is conducive to drop off and pickup. Uh number three, the group daycare shall serve a maximum of 12 children. That is um in relation to that particular classification in our zoning ordinance. I know the applicant mentioned um not having a number as high as 12 children on site, but as far as the ordinance is

concerned and DHR is concerned, 12 is the cutoff. Uh she can have under that licensing up to 12 children and I'm not sure how we monitor anything less than that. So, you don't believe if we made a motion to approve with eight kids, we would have You think the city would have a problem monitoring? I do.

If it goes over 12, we do have uh DHR that inspects the premises and We are in our code enforcement side complaint driven. So if we receive a complaint regarding an excessive number of children, we can go and inspect the case. Otherwise, it's not something that we have routine inspections of, at least from a code enforcement side. That's why I'm asking.

Yeah. you would be relying on it. If we approve this, DHR is going to allow 12 regardless of what we say, right? But we could make a motion to approve with only eight, but you saying we have a hard time enforcing that. I just think it would be difficult for us. I don't think that we the code the code enforcement people could do it if they got a complaint. If they got a complaint, it's possible, but it really doesn't it be the same thing as if they had 12 and they got a complaint. It's possible. Yes.

But it's putting a lot on our people, right? Yeah. Okay. That's that's my take. I don't know if building or fires got a different Okay. So, sounds like we're all together on that one. Okay.

Uh let's see. Uh, number four, hours of operation would be 6:00 a.m. to 5:00 p.m. Number five, no employee parking would be permitted on the street, and that's Atkins Trim or Deerfield. And number six, business owner would be required to renew their business license with the updated classification uh prior to a new certificate of occupancy being issued. Nothing.

Yes. Atkins is um house on the corner facing Deerfield. Ekkins trim is to the south. Yes.

Well, they were they were parking on the street. Um I know that became part of the discussion last time, but um yeah, our our main concern is no pickup or drop off service on Atkins Trim.

Any more questions? All right, let's move on.

All right. Uh, S052611 final map approval for Everly phase 4B reservey number one. Um, the side is zoned U PUD uh, PUD located at 4584 and 4588 Oakdale Road and 1959 Hartpine Drive in Everly. Uh the purpose of the plaid is to reconfigure the lot lines between lots 5658 and 5659 and lots 5663 and 5664. Uh staff recommends approval.

Any questions?

Okay, keep moving. All right. Next item we have is a conditional use case, a new conditional use case for Dogtopia. Uh proposed location 5361 US Highway 280. Uh this particular location, it's within a shopping center with Big Bad Breakfast and Trampled by Tacos. If you are familiar with the area, uh it's adjacent to the Walmart on 280. and close to the intersection of highway 280 and 119. Uh this particular application is seeking conditional use approval to have uh doggy daycare service at the location and they are requesting u a capacity of 120 animals located on site. There's a little over 5,000 square feet total um with the building itself and we are looking at um about 4,000 square feet for uh animal play area that would be involved with this. Was trying to get to a slide that had a little bit more of the nuts and bolts. Um so staff reviewed this request and uh we do note a couple of things. One uh that they are not proposing to have any outdoor component uh for this application. Uh so that is a difference uh between this application and the last couple that we have dealt with. Uh the Camp Bow and Bluff Park as well as the um Pet Paradise uh in Tatterol. Both of those had outdoor components that I know that we

had residents and business owners in the area that were concerned about the noise generated from that. Uh this one does not have an outdoor component. it would be more in line with the pet suites operation that we approved some years ago on Highway 150. Um so with that being said, uh they are recommend or they are asking for a maximum capacity of 120 animals on site. Uh which is they actually had a breakdown. It's roughly 33 square feet of playroom per animal. Um, roughly in line with their other locations throughout the southeast. And uh, so staff reviewed that component. Uh, we also reviewed the sound management plan that they submitted with the application. Uh they submitted a waste management plan uh with the application as well as a parking study uh looking at the overall site uh the trips generated by this particular development to see if the site would accommodate uh the the parking needs for this particular user. Uh we also confirmed that uh ALDOT will not require any additional improvements to the access uh for this site. We do have that in writing for Mile Dot. And we also confirm that the uh the site will have animals kept at the facility overnight and uh we have included recommendations regarding conditions for monitoring and emergency access. Uh so with all that being the case in reviewing the packet uh staff are prepared to recommend approval conditioned on the following. one that

the max capacity for animals on the site shall be 120. Number two, that the sound management plan is implemented as submitted. Three, that the waste management plan is implemented as submitted. Four, the dumpsters on site shall be serviced sufficiently to prevent noxious odors. Number five, owners shall install a video monitoring system and have the facility under surveillance during all operating hours. Number six, owners shall install a NOX box or other acceptable means of permitting emergency services to gain entry to the facility, particularly after hours, uh the overnight hours. And number seven, the business shall obtain a certificate of occupancy and business license prior to opening. The comprehensive plan supports general commercial development in this vicinity. Okay. Can we talk about the sound management plan?

Yes, we can. Uh, so they are proposing sound attenuation between this unit and the adjacent units. uh anywhere where you have the dog play area within the facility or any area housing the animals separated by a demising wall from another tenant space. Uh they are including a sound inuation model that includes a 1-in air gap uh as well as a dual wall system on either side of that one-inch gap. uh the information supplied to us uh indicates that that particular sound attenuation model will have a let's see a grade of approximately 70 and I'm looking for the actual measure By comparison with that same factor, I went back and looked at the pet suites site and the sound attenuation that they built into there. um their walls, their exterior walls and their sound attenuation graded out at uh 56. So at least what is being proposed at this location

grades out at a higher level of sound attenuation than the pit suites. The only difference I see is you got common walls with future with tenants versus nobody beside the other one. That's right. Did I Did I hear you say they were going to do it only on the areas that the the dogs were going to play at or was they going to do the entire facility? Uh any any wall shared with a pit area? Uh it's in it's in the slide deck. Okay. So, the the office area or the reception area won't have that, but everything else will.

There will still be some sound attenuation. It won't be to the same level as that between Here we go. There are multiple types of walls that they are pointing out. Um, you have the demising walls with the adjacent tenants will have the highest level of sound attenuation with it. And then you have spaces between uh the areas where animals are kept and and areas where you have other activities um that uh do not involve the animals. It'll have a different sound attenuation, not to the level of the play area with the adjacent tenants, but there will still be some sound attenuation. They did note that the sound attenuation that they're building into the walls, they're running from floor to roof deck. Uh so they are including the the ceiling space, the the attic space as part of that

to ensure that it's completely sealed. Matt, can we talk over the because I just remember the the other ones we were talking about previously the waste management piece of of

Yes. So as far as the waste management is concerned um again this is completely indoors. Um any liquid waste that is produced by the animals uh gets treated and there there are drains built into the floor system that go to the sanitary sewer. Uh so liquid waste ends up treated going to the sanitary sewer. Solid waste is collected, double bagged, put into a uh an on-site storage for waste. Uh and then that is bagged twice a day and taken to the dumpsters uh on site. The dumpsters are enclosed and because there are restaurants on the site, uh there did appear to be uh water drains to the sanitary sewer at each of the dumpster site dumpster pads. They are fully enclosed. Um they're also including in their waste management plan uh treating the dumpster enclosures um every so often to ensure that there's no odor buildup there. Um our conditions the way we've set them out um not only do they need to be clean but they need to be serviced the dumpsters themselves sufficiently to prevent noxious odors. But that's a that's a general rundown of the waste management plan.

Are the dumpsters enclosed and covered? Yes, they are covered. Okay. Has there any health department issues been raised? You see any potential problem with the health department in this? Uh, I don't um I mean you just have waste that is mingling from the restaurants and and the doggy daycare here. You don't have any mingling with the restaurants themselves. Again, the dumpster pads are covered and closed water access and drain to the sanitary sewer.

Any other questions? Okay. In that case,

the last case that we have is zoning previously uh annexed property on South Shades Crest Road uh 3960 South Shades Crest Road from not zone to our R1 single family residential district. The property itself meets the development criteria. uh the property size requirements for this R1 zone and uh the property that is within the city limits in the vicinity is also zoned R1. So we're recommending approval of an R1 zoning at this location. Any questions on this one?

Okay, we're going to get the meeting started in about five or 10 minutes. We got to do a little bit of uh work and then we'll start the meeting.