Board of Zoning Adjustment - Regular Meeting

two. I'm going to call the planning commission meeting to order here for December. Uh this being the time for regular schedule December planning commission. Uh could you call a roll please? Gordon here. here. We here here. Temple here. Earl here. Here

we do have a quorum. Uh there are no minutes to approve for November uh planning commission meeting. We'll take those up u uh next month in the January meeting. So, I'd like to take a moment and introduce the uh planning commission members and give a brief description of what we do and how this meeting is conducted. The commission has nine members. Eight of us are volunteers appointed by the mayor for six-year terms. We also have one member from the city council. Uh my name is Gary Bourne. I'm the vice chair and our secretary is Larry Wade. Our other members here include Miss Francis Tate, Mr. Ross Terry, Mr. Forest Temple, Miss Ma Burus, Mr. Eddie Pike, Mr. Steven Moer, and our council member is Barry Bullard, which is not here with us today. Members of the public seeking to get an item considered by the planning commission must send an application in to the planning department no less than 21 days prior to the meeting. Unless otherwise specified, all applications or development approvals are the result of submittals by a private citizen seeking some change uh in their own property. In making our decisions, a primary tool used by the planning commission is the one Decator comprehensive plan. This is a general community plan for the city of Decar that was adopted through a public process to formalize a vision for the future of the Decar community that represents the interest and the will of all Decar residents. In many of these cases, the planning commission does not have the final say. So zonings, annexations, vacations, sidewalk cafe license, and resolutions are all require additional approval by the city council before they become official. In these cases, the role of the planning commission is to advise the

city council. The first part of our of today's meeting is a public hearing. Each item will be read separately and voted on after comments and discussions. If you wish to comment on an item, we ask that you come forward uh to the microphone to the podium here, state your name and address and whether you are a citizen of Decator, then make your comments. We ask that you keep your comments to 3 minutes or less and sign the signin sheet afterwards. Uh today's public hearings will have these type of requests. annexation, which is adding unincorporated land continuous to the city limits to our city boundaries, freezings. Uh section 115285 makes provisions for mun municipalities to apply a zoning district to property continuous to the city limits with an agreement that the property will be annexed within six months of the prezoning being completed. This also moves on to the city council. And then we have reszoning. This is changing the current zoning of a property to a different zoning, the commission will vote to recommend or not recommend the zoning change to the city council. If a applicant wishes to go on to the city council without recommendation from the planning commission, they should notify the planning department via email or in writing uh by the end of day tomorrow. All right. Uh would you read our first case, Tom?

How y'all doing, commissioners? I'm Tommy Wins with the city educated planning department and we're going to start off with annexation 385-25. It is 1.78 acres and the current zone is unincorporated. The applicant is utilities and the land owner is utilities. The location is 2520 Point Mer Drive Southeast and their request is to annex 1.78 acres into the city limits. The proposed land use is institutional and wonder future land use is riverfront mixeduse. One decator street typology is point mile drive is at minor arterial road. Conditions to be met they don't have any and a point of information is any relocation of utilities will be at the owner's expense and any relocation needs to occur before construction.

All right. Anyone from the public wish to speak on this item? There being none, uh, I'll entertain a motion. Motion to approve. Second. Got a motion, Mr. Terry. Second by Mr. Temple. Any discussion among the commission? Okay. Call R. Yes. Yes. We Yes. Motion. Yes. Okay. That is approved 8 Z. Next item.

Next item we have prezzoning 1436 and this is for the annexation we just read and it's 1.78 acres. The current zone is unincorporated and the applicant is the Kada Utilities. The land owner is the Kada Utilities and the location is 2520 Point Mallet Drive Southeast. The request is to pre-zone 1.78 acres into the to pre-zone 1.78 acres to to institutional and the proposed land uses institutional. One decator future land uses river for mixed use and one decator street typology is point mile drive is a minor arterial. There are no conditions to be met and a point of information is any relocation of utilities will be at the owner suspense and any relocation needs to occur before construction. Okay. Anyone from the public wish to comment on this item? Okay. There being none, I'll entertain a motion.

Motion. Motion by Mr. Wade. Second. Second by Mr. Pike. Any discussion among the commission call? Yes. A yes. Wade. Yes. Yes. Temple. Yes. Earl. Yes. I yes.

Next we have reszoning 1437-25. It is 4.4 acres. The current zone is M1 Light Industry. The applicant is Pright McAlli and the land owner is Joe Terry Family LLC. The location is north of 2605 Highway 31 South and the request is to reszone 4.4 4 acres from M1 light industry to M-1A expressway commercial. The proposed land use is commercial and the one decated future land use community commercial. One decay street typology is highway 31 south. It's a principal arterial and there are no conditions to be met. Any reloc at a point of information is any relocation of utilities will be at the owner's expense and any relocation needs to occur before construction. Okay. Anyone here in the public wish to speak to this item? Okay. Being none, I'll entertain a motion.

Motion for approval. Motion by Mr. Pike. Second by Mr. Moer. Any discussion among the commission? Call RO if you would. B. Yes. Wade. Yes. Eric, yes. Temples, yes. Earl, yes. Yes. Okay. Yes. Okay. That was approved 820 to zero.

Next we have reszoning 1438-25. It is 3.3 acres. The current zone is M1 Light Industry and the applicant is Perright Menali. The land owner is Mi Mountain LLC and the location is north of 221 Belt Line Place Southwest. The request is to reszone 3.3 acres from M1 light industry to M-1A expressway commercial. The proposed land uses commercial and one decada future land uses community commercial. One deca street typology is bedline places to collect the urban street and there are no conditions to be met. A point of information is any relocation of utilities will be at the owner's expense and any relocation needs to occur before construction.

Okay. He wants the public wish to speak to the sign. You got a question? Okay. Um, is that doesn't that road running right through where you're about to build the extension right to this piece of property? Correct. Okay. Yes, sir. This would be uh this land is for this cutting through part of the Central Parkway. Okay. Okay. Any more comments? Okay, there being none, I'll entertain a motion. Motion approved. Motion by Mr. Kemple. Second. Second by Mr. Way. Any discussion among the commission? Call roll, please. Gordon, yes.

Yes. Wade, yes. Yes. Temple, yes. Yes. Yes. Yes.

That is approved. 8 to zero. Next we have reszoning 1439-25 is 3.3 acres. The current zone is M1 Light Industry and the applicant is PR right. The land owner is Mson LLC and the location is west of 2626 Central Parkway Southwest. The request is to reszone 3.3 acres from M1 Light Industry to M-1A Expressway commercial. The proposed land use is commercial and one decated future land use is community commercial. One decated street typology is central parkways and minor arterial and there are no conditions to be met. A point of information is any relocation of utilities will be at the owner's expense and any relocation needs to occur before construction.

Okay. Anyone from the public wish speak it? Okay. There being none, we'll entertain a motion. Motion to approve. Motion by Mr. Terry. Second. Second by Mr. Pike. Any discussion among the commission. Call please. Bord. Yes. Yes. Wait. Yes. Terry. Yes. Yes. Earl. Yes. I approve 8 to zero.

Next we have reszoning 1440-25. It is 27 acres and the current zone is M1 Light Industry. The applicant is Prite McAlli and the land owner is Annie Taylor Family LLC. The location of the property is west of 2607 Highway 31 South and their request is to reszone 27 acres from M1 Light Industry to M-1A Expressway commercial. The proposed land uses commercial and the one decated future land uses place employment center. The street typology is highway 31 is a principal arterial and they don't have any conditions to be met. A point of information is any relocation of utilities will be at the owner's expense and any relocation needs to occur before construction.

Okay. Anyone from the public wish to speak to this item? Being none, I'll entertain a motion. Motion for approval. Motion by Mr. P. Second, second by Mr. Temple. Any discussion among the commission? Please call. Gordon, yes. K, yes. Qu, yes. Yes. And yes, yes. Mike, yes. Yes. That is approved. 8 to zero.

Next, we have reszoning 41 441-25. It is 0.5 acres. The current zone is M1 Life Industry and the applicant is Pride Minelli. The land owner is Joe Terry Family LLC and is located south of 11:01 Beltline Road Southeast. Their request is to reszone.5 acres from M1 Light Industry to M-1A Expressway Commercial. The proposed land use is commercial and the one the one future land use is community commercial. The one indicator screen typology is belt line is a principal arterial and though and they do not have any conditions to be met. A point of information is any relocation of utilities will be at the owner expense and any relocation needs to occur before construction.

Okay. Anyone in the public wish to come out comment on this item? Okay. There being none, I'll entertain a motion. Motion second. A motion by Mr. Moer. Second by Mr. Way. Uh, any discussion among the commission call, please? Yes. Yes. Yes. Eric, yes. Temple, yes. Yes. Yes. Yes. That is approved. 8 to zero. And all these items will move on to the city council.

So, the next part of our meeting here is uh the consent agenda. Uh this is part of the agenda that the planning commission has a final decision on and does not require a public hearing. These items are read together and voted on as a group. If you wish to comment on an item, we ask that you come forward to the microphone and state your name and address and whether you are a citizen of the cater then make your comments. We ask that you keep your comments to 3 minutes or less and sign the signing sheet afterwards. We have these type items on this uh agenda today. Uh site plans. This is a proposed development on a collector street or above. These plans show building placement, parking, circulation, landscaping, etc. Uh certificates to subdivide or consolidate. This is a one-step process to subdivide or consolidate no more than three lots and the survey is required. Then we have final plats. This comes after the preliminary stage where construction details are worked out and a public hearing has been held. This is where we get approval to bond the improvements.

First we have on the consent agenda site plan 720-25. It is 29.68 acres and the current zone is M-1A Expressway commercial. The applicant is pride male and the land owner is Land Services LLC. The location is the fairgrounds road southwest and their request is to approve the site plan to construct warehouses 9 and 10. The proposed land use is commercial one future land use is major institution civic and one decree typologies urban collector fairgrounds road is a urban collector street. conditions to be met. On page C3, please label 15inch RCP from great inlet to SWCI as existing. And that's an engineering comment. Number two on page C5, erosion control needed to protect inlets as well as a concrete wash out needed. And that is a engineering comment. A point of information is number one, any relocation of utilities will be at the owner's expense and any relocation needs to occur before construction. Number two, on page C3, we'll need easements for storm pipe if we accept the road and that's an engineering comment. And number three is gas is available within with a main extension and that's a Decada utilities gas comment. Next we have site plan 722-25. It is 1.45 acres. The current zone is M2 General Industry and the applicant is Oscar Santana. The land owner is Ma Mix Decada Production LLC and the location is 1200 Market Street Northeast. Their

request is to construct an amenities building in a locker room renovation. The proposed land use is industrial and one decay of future land uses riverfront mixuse. One decator street typology is market street northeast is a collected urban street and conditions to be met. Number one, show all existing utilities and that's Decator Utilities Gas. And a point of information is any relocation of utilities will be at the owner's expense and any relocation needs to occur before construction. Next we have certificate 3656-25. It's 159.43 acres. The current zone is AG Agriculture and the applicant is Deborah and Kenneth Looney. The land owner is Deborah and Kenneth Looney and the location is 3525 Crusher Road Southeast. The proposed land use is residential and their request is to subdivide 159.43 acres into three parcels. The proposed land use is residential and one decated future land use is low residential. One indicated street typology is crusher road southeast is a local street. They have one condition to be met and number one lot lines will be needed to be staked and in a water main pothole to verify if extension will be needed and that's the cater utilities water department. A point of information number one any relocation of utilities will be at the owner's expense and any relocation needs to occur before construction. Number two, lots appears to be cut off from access to water man with this subdivide.

Next we have certificate 3657-25. It is 8.81 acres. The current zone is AG1 agriculture and the applicant is PW Minelli. The land owner is Bill Voss and the location is west of 3407 Crusher Road Southeast. The proposed land use The proposed land use is residential and their request is to subdivide one parcel into two. Proposed land use, excuse me. One decade street, one decade of future land use is low residential and one decay of street typology is Crusher Road southeast is a local street. They have no conditions to be met. And a point of information number one is any relocation of utilities will be at the owner expense and any relocation needs to occur before construction. Number two is waste water will not be available in this utilities wastewater department. Next we have final plat for Heritage Creek phase 1. It is 1.76 acres and the current zone is R5 patio homes. The applicant is Perright Menali and the land owners Habitat for Humanity. The location is west of Dr. Street Southwest and the proposed land use is residential. The request is to approve the final plat residential lots on 1.76 acres of land and the proposed land use is residential. One indicated future land uses low residential and one indicated street typology is doubt to the road southeast as a local street. Conditions to be met is number one owner must install conduit and transformer vault the utilities electric and a point of information. Number one any relocation of utilities will be the

owner expense and any relocation needs to occur before construction. Number two the final testing has not been completed. the Cater Utilities Water Department. And number three, final testing has not been completed. The Cater Utilities Wastewater Department. Okay. Is there anyone here wishing to speak to any of these items that we've just gone through? Okay. Being no comment, I'll entertain a motion. Make a motion that we approve. Motion by Mr. Lew. Second. Second by Mr. part. Any discussion on these items among the commission call board? Yes.

A yes. Yes. Yes. Temple. Yes. Burroughs. Yes. I Yes. Yes.

That is approved. 8 to zero. Okay. Now we'll go into other business on the uh agenda here. What we have on this part of the agenda, we have a bond review. This is uh to to review a bond to see if it can be adjusted to lower the amount based on work completed or to review if an expiring bond will be extended or not. Once it's determined, all requirements are met, a bond will be released and the file will be closed. Then we have zoning text amendments. Uh this is a change or update to zoning regulations. Any adjustments must be approved by both the planning commission and the city council to be adopted. Then we have the review of the planning commission bylaws. The commission is authorized by the code of Alabama 1975 as amended sections 11521 through 115230 to organize itself and establish rules of procedure to govern its meetings. These are reviewed and voted on annually. And then last on the list is voting on and of the planning commission uh going on for uh 2026. So come

first we have a bond for Heritage Creek 1.76 [snorts] acres current zone is R5 patio homes and the applicant is pride mineelli the land owner is Habitat for Humanity and the location is Molton Heights and west of Molton Heights Road and west of Da Street and their request is to accept the a performance bond in the amount of 767,745 proposed land uses is residential and there are no conditions to be met. Point of information is any relocation of utilities will be at the owner's expense and any relocation needs to occur before construction.

Okay. Is anyone wish to speak to this item? Courtney, do you approve of this amount? Yes. Okay. Okay. Uh, I'll entertain a motion on this item. I make a motion. Motion by Mr. Way. Second. Second by Mr. Moer. Any discussion among the commission? Okay. Power roll, please. Yes. K, yes. Yes. Harry, yes. Temple, yes. Earl, yes. Yes. Yes.

Okay, that is approved. 8 to zero. Next, we have short-term rental ordinance. And we didn't already discuss this at, you know, we had a work session for it and we discussed it last month. So, I'm just going to go over the highlighted parts, the changes that we made. And if y'all have any comments, let me know. For one, four, number four. Uh I applicants for short-term rental certificates shall submit on an annual basis from the time of an approved application an application for a short-term rental certificate to the planning department. The application shall be accompanied by a non-refundable application deposit in the amount of $250. Upon approval, the remaining application balance of $250 will be due will be due before obtaining an ACTR certificate. Under four, we have G, and we added a deed or mortgage and proof of insurance for the property that includes liability coverage appropriate for the use of the property as a short-term rental unit. And we took out uh electric bill. Under G, we have number three. And then under that, we have A. Short-term rental units located in a commercial zoning district and within the without and within the 10,000 foot radius should not count toward the total for the density requirement. Also, short-term rental units with frontage on the Tennessee River should not be subject to this requirement. And we added short-term rental units should with frontage on the Tennessee River should not be subject to this requirement. On C, we added a max of 135 short-term rentals will be approved annually.

On four, on 4 A, we added short-term rental units located in the commercial zoning district and short-term rental units with frontage on the Tennessee River should not be subject to this requirement. And the requirement is labeled number four. On number six, we have applications for renewal of short-term rental certificates shall be submitted to the planning department and will be accepted within 30 days of the initial approval anniversary date. Applications will not be accepted prior to then. On B we added approval and we added anniversary. So, if the application for the renewal is not received by the planning department by the approval anniversary, the the currently issued short-term rental certificate shall be subject to revocation and loss of ability to operate until a new renewal application is received and approved by the planning department. D. We set a yearly self inspection including pictures of the fire extinguisher appropriately located across appropriately located smoke alarms and a map place in room for location of unobstructed eress and igress. Number seven, we added for a minimum of five nights. On number 8A, we added a violation and we added a $500 fee. A $500 fee per occurrence and each day constitutes a separate occurrence.

Excuse me, you are right. It's up to

Yes, it's up to 500. Excuse me. C. We have failure to cease operation after receiving notification shall result in a monetary fine of up to $500 per occurrence and each day of failure to comply constitutes a separate occurrence. D. In the case of a certificate being revoked or failure to issue a certificate due to the density, the certificate holder may appeal to the board of zonic adjustments within 30 days of reo of relocation or the next scheduled BZA hearing for reinstallment on 12. Number two, we have however administrative discretion may be used in districts with limited off-screen parking. Number 15, we added a short-term rental property should not be occupied for a period of less than 24 hours or less than an overnight stay.

For me, on that 15, we change occupied to rent.

You are correct. Yes, sir. So number 15 shall read, "A short-term rental property shall not be rented for a period of less than 24 hours or less than an overnight stay for home prior to that. So what's currently under home? It says section 25 434 Little Roman I needs to be 4.2.4 [groaning] Little Roman number two and then the needs to be. Thank you, Ruth.

Okay. Anyone here wish to speak to this item? All right. Being none, I'll entertain a motion from the commission. Can I make a motion that we accept this uh as long as it's formatted properly with the current zoning ordinance? Okay. We got a motion. The new Yes. The new newly adopted newly adopted current zoning orders. Yes. Thank you. Okay, we got a motion by Mr. We got a second by Mr. Major. Uh, any discussion from among the commission on these policy? Do we have to have a separate motion for the for the changes that we made?

Make sure I post the one that I put. Okay. Any more discussion? Okay. You call for a vote. All right. Yes. Yes. Yes. Aaron, yes. Yes. Earl, yes. I, yes. Motion,

yes. Approve to zero. Next we have the borders only adjustments fee increase and we are trying to do this to we have our new ordinance coming in January 1st and with that uh planning we'll be able to board the zone adjustments and we plan on doing staff reports putting out signs and all of that takes time so and we want to discourage the um the variance process and so we are proposing to increase the cost from $50 to $250. We have checked around the surrounding cities. Some of the cities are higher, some of them are lower, some of them are right on with us. So, with that being said, we are uh um proposing $250.

Okay. One wish to speak to this item. Okay. I'll entertain a motion. Motion for approval. Motion by Mr. Pike. Second. Second by Mr. Temple. Any discussion among the commission? call. Yes. W yes. Terry, yes. Temple, yes. Charles, yes. Yes. Yes. And that is approved to zero.

Next you all we have the bylaws for this uh this year. It's a 2025 bylaws and we last year we added capsule certification and we added um attendance and this year we're going to add that um all the elected positions be capsule certified in short. So it says the chairman will be required to be capsule certified and have one year experience in the planning commission. The vice chairman and the secretary will be required to be capsule certified and have a one-year experience on the planning commission. Also on number five, all members we have all members must be capital certified and all new members have 18 months to become capital certified.

Okay, I guess this one just goes to permission here for approval number 11. Electronic copy. Excuse me. Sorry about that. Uigital electronic. [clears throat] So we have to keep the well bound book in there. Yes. Right. And there's no sense in adding electronic as a requirement in my opinion. They're already doing it. So it has to be a requirement. Paragraph. Say it one more time.

Paragraph five. Paragraph five. We already Yeah, yeah, I said that. Yes, sir. Yes, sir.

Experience this one year. that I know that's under required we have to sort of have a minimum one year apostroph experience and all that is so we're going to add minimum of one year that way I know what the intent was but it sounds like it has to be just one year okay and it can be more than one yes correct correct

not it's So y'all, we're going to add on all of these chairman, vice chairman, and secretary a minimum of one year experience on the planning commission.

So back to Mr. Pike's comment about electronically, Mr. pike or you you want that to be in there. If the well book is required, we're just going above and beyond. Okay. Is is everyone good with that? Okay. Any more comments or questions about our bylaws? Okay, we'll take a vote. We already need to do a motion. Well, I'll take I'll take a motion.

I'll make a motion. Okay. Mr. Terry made a motion. Got a second. Second by Mr. Pike. All right. Any further discussion? All right. Paul Ro. Gordon. Yes. Yes. W. Yes. Terry. Yes. Temple. Yes. Yes. Yes. Yes. All right. That is approved. 820. Okay, y'all. I think we got election of officers. Yeah, I do. Yeah, I have. The last thing I have is the election.

The last thing on our agenda here today, uh, each year the commission elects new officers for the for the next year for this will be for 2026. And our first position will be for the chairman. So I will entertain any motions for chairman. I make a motion to have Gary Gordon as chairman. Okay. Do we have any more nominations? We got a motion and a second. Call. I mean just yes. Dave, yes. Wade, yes. Yes. Temple. Yes. Earls. Yes.

I Yes. Yes. Okay. That takes care of chairman for next year. Okay. I entertain a motion for vice chair. I'd like to make a motion that we elect Eddie Pike as vice chair. Okay. We've got a motion for Eddie. It is got motion and a second. Any further discussion or Okay. Uh, power. Uh, Gordon, yes. Tate, yes. Yes. Harry, yes. Temple, yes. Burrows, yes. Mike, yes. Motion, yes.

Okay, that is approved. 8 to zero. Our next position and final position is secretary. I'll entertain a motion for secretary. make the motion for us if you're willing. I think we're [laughter] okay. We got a motion that we get a second behind that. Second. All right, we got a motion and we got a second. So,

I'm sorry. Excuse me. I thought Forest was making a Sorry. Um, let me I I think I fine. I think we're Okay. So, I'll make a motion later. Okay. So, we we officially have a motion by Mr. Pike and a second by Mr. Terry. Will you withdraw your second? So, does anybody else want to second that? I'll second. Okay. So, we've got a motion and a second. A motion for who? Larry.

Okay. I thought we were still on this for And he's Okay, he's declined. So, let's start again. We're going to make a motion for our secretary. Does anybody have a motion for secretary? I make a motion for Larry. Okay, Mr. Carrie makes and Mr. Kerry makes a motion for Larry and Mr. Kemple has a second for that motion. Any more nominations? There being none, we'll call. All right. Board, yes. Kate, yes. Wade, yes. Harry, yes. Temple, yes. Earl, yes. Mike,

yes. Motion, yes. Okay, that is approved date to O. And I think that's for next year. So, thank you all planning commissioners for serving as you do uh coming to the end of the year here and we've done a lot of business here for the city of Decay and I appreciate each and every one of your efforts and and your commitment to serving on this commission and uh thank you and we look forward to to next year. Is any more business to come before the commission? There being none, we'll adjourn the meeting.