Planning & Zoning - Regular Meeting

It's very hard. [clears throat] Yes.

I'd like to call the November 4th Hoover Planning and Zoning Meeting to order and ask the secretary to call roll, please.

Mr. Wood here. Mr. Right. Mr. Iber here. Miss Peace here. Miss White here. Mr. Lavoy here. Mr. Whismann here. Mr. Reid here. At this time, I'd like to ask Miss White if she'd lead us with the invocation. Please

please pray with me. God, our father, thank you for another day. We thank you for the freedom to conduct business in this uh country in a way that provides an open forum. And um we thank you for the many gifts that we have in this city. As we enter a new term of leadership, we ask for your blessings on all of the new elected leaders and those who've returned for service. Give them wisdom, courage, patience. Help them to make good decisions. And help us to be good citizens, offering our support and encouragement. These things we ask in your name. Amen.

Amen. [clears throat] Miss Peace, will you lead us in the pledge of allegiance, please? Ice to the flag of the United States of America and to the republic for it stands one nation under God indivisible with liberty and justice for all.

Prior to this meeting uh the minutes for the October meeting were given to the commissioners. If there are no changes in the minutes, I'll entertain a motion to approve as they are written. Mr. Chairman, I move that we accept the minutes as presented and as written from our last meeting. Have a motion. Do I have a second? Second. Have a motion second. All in favor say I.

I. Those opposed, nay. Motion carries. Uh at this time, we have um four cases tonight that are going to be continued till next month. Um it'll the u the cases will be heard on December the 1st and it will be at 6 o'clock on December the 1st. These four cases are it's a 2500 corporate drive. The the use and approval for a K12 school located 2500 corporate drive. If you have an interest in this case, you need to come back next month at 6 o'lock on December the 1st. The next case that's been continued to next month is a final mount approval for a reserve array a part of a block 31 shades cliff. It will be moved also to December the 1 at 6 o'clock. The next case that has been continued is the Yates addition to Hoover. It's at 232 Caliente Drive in Martinwood Estates. It's to adjust a property line between lot one and lot two. Morton state first sector. It also has been moved till next month. And the last case that's been moved to next month is um Black Ridge Commercial Lots located to the south end of Black Ridge Parkway. It has been moved to the end of till next month. Are there any questions from anybody on what I've just said about what's been moved and when what time we're going to hear it next month? Okay, for those of you that have never been with us before, what we've had the opportunity to do is go over the maps ourselves and satisfy questions that we might have. But if you've got a question about a map, we want to hear from you. So, as I read it, if you have a question about it, if you'll raise your hand,

we'll talk about it. Otherwise, we will vote on them in a block at the end of all the subdivision cases. Any questions to what I just said? Okay. First case tonight is S 102542. It's a final map approval for the Schulz Cambo Lane subdivision. The purpose of this plaid is to create two lots into one. Staff's comments recommend approval continue on submitt of a final signed myar. Who's representing this case? Okay, we'll move on. Uh the next case is uh S 1125 46. It is a preliminary plat approval for the preserve phase 16 located at preserve parkway. Purpose of this plat is to create 67 residential lots and three common area lots. Staff recommends approval contingent on the following. A 15 foot wide drainage easement between lots 637 and 638 shall be noted as a private drainage easement. Applicant shall address minor MS4 comments at the time of permitting. Who's here representing this case? Are you aware of the comments and you're okay with comments?

Yes, sir.

Okay. Any comments on this case? Next case is S12547. It's final map approval for the Kahaba Forest Preserve. Uh purpose of this plan is reservey one lot into three residential lots. Staff recommends approval. Uh site civil plans for shared access drive will be need to be submitted and approved prior to permitting and construction. Who's here representing this case? Okay, the last case we have is S112548. Final map approval for Everly phase 4C located at the end of Oakdale Road in Everly. Purpose of this plat is to create 53 residential lots in three common areas. I think it's and staff recommends approval contingent on submitting a guarantee in amount of $197 $197,300. Who's here representing this case?

You okay with the guarantee, Mr. Easley? Yes. Okay. Are there any comments on this case? Okay. You have a comment on this particular case? Okay. Come down. Yes, please come down and give us your name and address and tell us what you have in mind.

I'm Bethany Zagorski. I live at 138 Keller Road Southeast in Bessemer. So, we are just to the south of 4C. And um previously I was told that the area So, we have about 600 feet left of woods that have not been cut down. And um before it was said that those would be undisturbed and left like for a common area potentially for the future of the HOA of Everly to take over once the development is finished. But when I was looking at this the newest map it was saying future development. So I just had a question about that. That was the main

the main question um was what's going to happen to those woods? Um, so if you were to look, we're like south and west of the water tank there. Um, 138. There it is. Yes. So, just above that, it's not really showing now what's current as far as what's been already taken out of those woods. I don't think that's a current landscape, but Okay. All right. Let's see if we can get an answer for you.

Okay. Thanks.

I'm Bob Easley with Alabama Engineering, 1214 Alford Avenue. She's right. The the first version of this map did say future development. We changed it, corrected, and it now says future common area. You can see right there. Um we've we've got to get u work out the the ride ofway for Maxwell Road um that's in that common area which is prescriptive rightway for Bessemer Road right away. It's in the city of Hoover and um so we're we're it does say future common area. it it did say future development which was wrong and so we changed that on the final version of the map but it's still future common area and when we get the rightway worked out for Maxwell Road which is an existing road we're going to create the common area

is it going to be undisturbed [clears throat] it don't you put that on the map um we're going to put on commentary I mean I think I think the answer we don't have any plans for it the at some point they might put walking walking trails in there, you know, all of the common area. So, we don't have any plans for development in there. Um, it's not an undisturbed buffer. It's but we don't have any plans for development. If the HOA at some point decided to put walking trails in, they could. Okay. But we we're we've cleared as far to the south as we're as as a developer as we're planning to clear. Does that answer your question? Yes. To your satisfaction?

Ye. Yes. Well, I guess the other would be when it does become part of the HOA and would we be notified of something like would they need to come before you in that case if they're going to start taking that out or Well, I I don't I don't know that he can control with the HOA, right? So, does the city of Hoover have any control over with the HOA? I don't think so,

Mr. Chair. Um we would have notification going out at the point in time when the common area is platted. Uh it's our understanding from the representative of the developer that the the reason that it is not being platted at this time as there's some discrepancy as to the extent of Maxwell Road and the right of way which would form the eastern boundary of this site. So there will be additional notice that goes out when a plat is presented with the common area being submitted to us. As far as what the HOA does on the site, um it would be regulated by the plan unit development ordinance.

Um and there would not necessarily be um notice given for all activity that they may take. You understand that they may take may have to widen the road and there would be some trees taken out for that. Is that correct, B?

I don't think there'd be any unless Bessemer widens the road in their rightway. The things that I can see that might happen is it could be a walking trails. You know, there's 20 acres or so of trees there that are on a not a developable slope, but a usable slope. So, they could go in there and put walking trails. I would suspect that might put walking trails in there and but like I said that's we're planning to turn that over to the HOA and if the HOA decides to do something like walking trails one I don't think that would come back to planning and zoning and two I don't think there's going to be major no major project there's not really even a good access to that except for trails okay

wait we don't talk for me if you want to talk we can come down here so I think that was the other question Um before we were told that all the erosion control and um water drain off all that was taken care of just so that our property and the other ones around us won't become a flood zone. Is all of that settled and looking good as far as that's concerned.

Go ahead. Uh as part of um the permitting process after coming through planning and zoning um the engineer does address you know erosion control concerns during construction and provides storm water detention in accordance um with the city code. So those things are being addressed by the engineer. Okay. So we shouldn't become a flood zone like because of the woods being that were taken out above us was the main question I think. I mean, is that like something that they ensure or

they do um the very best to be sure there's not or they are required to be sure the U post development runoff does not exceed what's coming off of the site today. Okay. So, that is a requirement. Yeah, that's all I have. Thank you. Any other questions? I'm Victor Zagorski and um Can you just give us your name and address? We got to get you recorded.

Okay. Victor Zagorski, 138 Keller Road Southeast Bessemer 35022. And right now when it rains there's there's a creek that forms that comes through already. And so if anything happens in the future where trees are cut out even by a HOA doesn't matter who cut like takes stuff out if there's more water that comes back there. Can we address that as the homeowners or what would we do at that point? You want to answer this one?

Right now it's not right now it's okay with the work they've done so far. Um right now okay. So there's not an issue and we that's great. We weren't aware of any issues um during construction. That would be if there's an issue, you could reach out to the city um and we would certainly investigate that and the de developer and his engineer would hopefully address any of those issues.

Okay. If there are any improvements made on the common area after it is given over to the HOA that requires a building permit, they would have to submit site civil plans in accordance with our city code. And uh any kind of construction site civil construction that takes place will have to have those same parameters covered uh as far as storm water retention detention um best management practices for uh sedimentation when the project's under construction. Uh they would have to come to the city for permitting for those kinds of improvements.

Okay, sounds good. that they'll have to put some erosion control measures in place if they were to go in there and do some work. Okay. If if if if just the if it something happens with the water more than usual, we can contact the city or or like if nothing's being done, just for future reference, I just want to know who to contact, I guess. Well, I would think if it was mother nature that did it, the city couldn't do anything about it. But if it was somebody that went in there and disturbed the trees and they didn't have erosion control measures in place. Yes. Okay. Thanks.

Okay. Mr. Chair, Matt, can I ask a question? Um because I always [cough and clears throat] listen to hear Matt, what would be the exception that they if the HOA granted over to the HOA, what would be the exception that they would not come before the city? Well, if they are not making any u improvements that include additional structures, um land clearing, anything of that nature, if they're just going in and putting in walking trails, for instance, that's something that we wouldn't ordinarily see. Uh it's not something that requires a permit according to our zoning ordinance or our building code. Uh but if there are uh any activities that require any new buildings to be placed on the site, um any uh larger scale land disturbance, terraforming, clearing, those things would need to come before the city for a permit.

Thanks, sir. All right. If you come down here, sir, you can. Thank you. So that's my son-in-law that just Y'all, that's my daughter and I live in Bluff Park of Hoover and u if can a grandfather address the jury? Absolutely. Just need to get your grandfather name and your address. Yes, sir. I'm Jeff McCloud. M L E O D. Got your grandfather name? Jeff. Papa or something? [laughter]

My dad's name is Thomas Mlan. Uh, I live at 2118 Pioneer Drive in Bluff Park. I've lived there for 39 years and um, uh, they live 5 and a half miles away. I'm there at their house all the time and um, they so any golfers on the jury. [laughter] So anyway, the the amount of distance between the back of their lot to the crest of that hill is about 200 yards. And which might sound like a lot, but it's a long par three if you if you play golf. So it's really not that far. Um, I don't know how to say this other I don't mean to be too blunt, but it would be a nightmare to their world if too many trees are taken up because once they're gone, they're gone. It takes 30 years to grow a good tree. And um if people in in those fancy houses can look down and it's downhill and their their house is all glass on the front and uh they're homeschooled, their kids are in the yard all the time. To build a privacy fence would be almost unthinkable at this point because they've been on the property 10 years and they've kind of become one with the woods. The woods, it's a real woodsy lot. It's beautiful. Um, we have a relative l named Lenor Jones who lives in Everly and she gave permission to use her name tonight. She has two neighbors who will also go on record. One of the reasons they love Everly is because of the deep thick woods at the back of their house. And um, this is just my opinion. I'm not an expert. I've never

built a walking trail, but I assume you'd have to get at least a bobcat in there, not a full-blown dozer, and start knocking down trees about, you know, I don't know, 10 ft wide, but the just like I said, once you start knocking down trees, you can't really put them back in. Lenora's point was and my point if it's just beneficial to one party that's one thing but if it's truly beneficial to both I honestly believe that it would decrease the property value and the desiraability of the homes in Everly to lose their canopy and all of a sudden they're looking you know over here every day they're seeing a house that when all they want is woods and vice versa for whatever my opinions were. Thank you for listening, jury. And uh thank you.

Yes, sir. Let's go back and find if anybody showed up for the cases. I can't remember which one. They we didn't have somebody here for the

Schultz. Anybody here for the Either case, anybody show up. Entertain a motion to approve what you want to approve. I'm going to make a motion to approve all the subdivision cases that we've heard tonight. That includes S-102542. That includes S-112546. S-112547, S-112548 in keeping with all staff comments and contingencies as presented. Have a motion. Do I have a second?

Second. Motion second. All in favor say I. I.

Those opposed, nay. Motion carries. Uh we have last case tonight is a zoning case. It's a Z12504. It's uh zoning change on a property located at 900 Concourse Parkway. Currently zoned for planned industrial and planned office. Proposal would change the uh zoning designation from the entire property to planned office. Staff has a few comments they want to make. Yes, Mr. Chair. Um the U staff has reviewed this particular case and in finding that the application is strictly for reszoning the property to remove the split zoning designation of PI and PO uh to just PO planned office across the entirety of the site. Uh we recommend approval of the reszoning. Uh the comprehensive plan calls for office and light light industrial development in the vicinity. Uh this particular resoning consists of approximately one of the seven plus acres uh across the site uh changing the zoning designation from planned industrial to planned office and um any other uh potential applications uh for uses zoning entitlements be separate and apart from this application. We are only considering this evening the reszoning of the property to where it is all brought into the PO planned office district. Okay. Thank you. Who's representing this case? Can you come down and give us your name and address and tell us what you have in mind, please?

Yes, sir. My name is Wade Lowry. I'm with Engineering Design Group in Pelum. Our office is uh at 120 Bishop Circle in Pelum. Um we were approached uh earlier this year by the owner and a potential uh buyer about the site. Um sat down with staff to discuss uh the site itself and the zoning. Uh had very helpful feedback from from staff during those meetings and it was recommended to um as Mr. uh Martin said earlier to kind of clean up the zoning to bring it all under PO. Uh, so we put together a little site and grading plan to go with um our submitt. I'd be happy to answer any questions that you may have.

Any questions for the developer? Anybody in the audience have any questions? We entertain a motion. I'll make a motion to approve zoning case Z-11254900 in and with the conditions per staff. Have a motion. Do I have a second? Second. Have a motion in second. All in favor say I. I. I. Those opposed? Nay. Motion carries. Good luck to you. We'rejourn.