Planning Commission - Regular Meeting

SPEAKER: And Mr Mosley, do you have anything you need to talk about? MOSLEY: No, ma'am. What I did wanna let the commission know is items under old business, items number ten through 15 have all requested to stay on the table. So there's no update on those. Item number nine has been removed from the agenda in discussions with the applicant. So that one may come back to you at a later time, but you don't need to take any action because they. SPEAKER: Is that it? MOSLEY: Yes, ma'am, that is. SPEAKER: OK, we'll start in a couple of minutes. (BACKGROUND CHATTER)

SPEAKER: I need just a moment before you start. SPEAKER: OK. SPEAKER: My computer's going through an update. Just to get the computer set up. SPEAKER: Most computers have a mind of their own. The most annoying stuff. (BACKGROUND CHATTER)

SPEAKER: Alright ma'am. SPEAKER: I'm gonna call the September meeting of the Opelika Planning Commission to order.

And firstly, I would like to say we've got a new face up here. Commissioner Mike Heer has resigned. His job was taking him to other places. And Tom Penton has been appointed. And we're glad to have Tom with us. (APPLAUSE) SPEAKER: And I'd like to welcome those in the audience. Let you know that we have a podium if you have anything to say for or against an item. If you would come to the podium, state your name and address. You have up to five minutes to speak and one time at the microphone. And if you would speak into the microphone so we can hear you, we want to know exactly what you're saying. The next item is the approval of the minutes. SPEAKER: To approve the minutes. SPEAKER: Second. SPEAKER: Any discussion? All in favor? SPEAKER: Aye. Any opposed? Any abstained? Motion carries. Mr Mosley, any previous Planning Commission updates? MOSLEY: Yes, ma'am. I did wanna make a couple of notes today on the agenda and then just one update for the Commission on previous items. Item number nine is being removed from the agenda, so you're not gonna have to take any action on that. Then items ten through 15, that is all of the old business we have had requests from each of those applicants requesting that those stay on the table. So you would not have to take any action on that unless you choose to, but we're recommending those remain on the table at this time. The other thing I did want to let the Commission know is that

the bed and breakfast ordinances will go before the City Council at their next meeting, which will be the October 7th meeting for their public hearing. SPEAKER: Getting into the agenda, the number one, the new business. MOSLEY: Yes, ma'am. The first item under new business is a request for preliminary plan. This is the Fenwick subdivision. It's 108 lots located on 3001 Columbus Parkway, US 280 going towards Columbus, Phoenix City. Here you see the general location of the development. It is right next to where the Firefly neighborhood subdivision is under construction, just to the west. And then you'll see, of course, some of the developments both inside and outside going back to the north and east. The applicant, this application has been before you previously. This is, excuse me, this is a very similar to what has been presented before, so you'll see a request for a connection to the east to Firefly. You'll see the connection to the west to some adjacent property owned by the Willis Farm property. And then the remaining property is all single-family residential development in the R3 zone. You've got a couple of amenity lots, two right against US 280, and then one large amenity detention lot kinda right in the center. The remaining lots do meet the minimum requirements

for the R3 zone, which is 10,000 square feet in area and 70 feet in width. These lots range between approximately 10,000 and 20,000 square feet. We did note the need for buffering against some of the lots along Columbus Parkway as some of these lots otherwise would be very similar due to their depth to a double frontage lot. And we did request a connection to the south here that would go down towards the Willis property here. In talking to the applicant, they have noted that this property is, some of it's outside the city, which is one consideration. The other part of it is, a good portion of this is also in a conservation easement land trust situation where it is protected from much development. We are recommending preliminary plant approval, subject to the abating the flood information to reflect the new flood zones released this year, installing underground utilities, installing sidewalks on both sides of the street, provide a 60-foot sub-out to the south. Again, if the commission is OK with this, we would like to take some time and explore this with both the adjacent property owner and the applicant to determine whether this makes sense if it is proposed for a future or is proposed as part of a land trust or land conservation easement. Lot widths must be 70 feet at the front property line or at the 30-foot building line. Provide a buffer screen along Columbus Parkway meeting the requirements of the subdivision regulations.

Add a note to lots 15, 25, 108, and 109 that they are non-buildable. Add a note providing the ownership maintenance and who will be responsible for any detention in many of the open space lots. Change Opelika utilities to Opelika water and note that no direct access shall be allowed from Columbus Parkway for lots 17 and 108. SPEAKER: Engineering. SPEAKER: Yes, the applicant will be required to submit a site construction grading drainage and roadway installation plan to the Engineering and Public Works Department for review and approval. These departments will review the plans for completeness and also the utilities that are involved will review the plans. And then once those reviews are done, a permit will be issued for construction. The final approval of this plan will be continued on an access permit to Columbus Parkway provided by ALDOT. Also, the connection to the east to Firefly described in the plat must be constructed with this plan. Construction of the infrastructure and the utilities will be monitored and approved prior to the final plat acceptance. Road names shall be approved by the Engineering Department, and it will be placed in the final plat for the public roadways to be accepted. The Engineering Department has no other comments or concerns with this proposed preliminary plat. Opelika water states that water is available from a 12-inch main along Columbus Parkway and an eight-inch main and a connection to Firefly subdivision. Both connections to these mains will be required for this development. Opelika power does not serve this area. SPEAKER: Alright. This item calls for a public hearing. Is there anyone who would like to speak for or against?

Public hearing is closed. Commissioners, do I hear a motion? SPEAKER: Motion for preliminary plat approval with staff recommendations. SPEAKER: Second. SPEAKER: Any discussion? I'd like to ask about the buffer. Are we talking about plantings or a fence? SPEAKER: Yes, ma'am. The buffer along 280 would require plantings. There's a possibility that a fence could be added as well, but at minimum it would require landscaping. SPEAKER: Any other discussion? All in favor? SPEAKER: Aye. SPEAKER: Aye. SPEAKER: Any opposed? Any abstain? Motion carries. SPEAKER: Next item is also a request for preliminary plan approval. This is the Mayfair subdivision, phase one. This is located on South Uniroyal, where Chewacla comes into South Uniroyal, just north of the railroad tracks. The subject property is part of a planned unit development. Property is the applicants represented by, or applicants, Hayes Eifford with Sanford Group representing the Waltons, Price, and Land B LLC, Diversified Financial Corporation. So you may remember this came before you a couple months ago for a rezoning to a planned unit development. The applicant is now coming in after that was approved through the city council for the first phase of that development, and so here you kinda see the overall of the property two entry points off of South Uniroyal, just south of the Drakes Landing subdivision, then it's divided up into three different sections. Overall, there are 401 lots. This first phase deals with, I believe it's 90 lots of

single-family homes, so you have some open space directly against the south Uniroyal Road here. Then you have a mix of different types of units, and all three different unit types of single-family homes are located within this development. So you have 26 50-foot wide lots, 30 60-foot wide lots, and then 34 70-foot wide lots, and the 70-foot lots are those located near the frontage and along the top here. You have just inside moving from 70 down to 60-foot lots once you get to the internal streets, and then as you go further into the subdivision, there is a section of the 50-foot wide lots, and those all have roughly the same or all the same setbacks, but of course different sizes and areas based on those lot widths. They provided some elevations. I think you all saw those in the initial plan unit development. We are recommending preliminary plan approvals such as following: provide sidewalks on both sides of the street as shown on the plan unit development, and so underground utilities add a note on the final plan stating the minimum setbacks for the lots. Add a note on the plan noting who will be responsible for managing and maintaining the open space lots in phase one and restricting those lots maintenance. Add a note on the final plan for the uses of those open space lots or non-single-family lots. Revise the following lots to make sure they meet the minimums, lot 58, 60, 73, 12, and 58. Those were slightly smaller than what was allowed in the PUD, and then provide the minimum one tree per yard for single-family

lots or two on corners. Provide typical landscaping plan noting that vinyl aluminum siding should not be the primary cladding material for these homes. Provide the latest FEMA updates, a vicinity map, which I believe they have, kind of a larger map, and then throughout all the owner and developer information, and the adjacent sub-regions. SPEAKER: Engineering. SPEAKER: Just like the previous preliminary plan, the construction plans for the subdivision will be submitted to the city departments for review and approval. An approval will come in the form of a construction permit. Turn lanes will be required on South Uniroyal Road for this development. The type and extent of these turn lanes will be determined by engineering staff and or a provided traffic study. Construction of the infrastructure and utilities will be monitored and approved by city staff prior to final plat acceptance. Road names should be approved by the engineering department and placed on the final plat of the public roadways to be accepted. The engineer has no other comments or concerns. Opelika Water states that water is available from an 8-inch main along South Uneral. Connections to the main at both entrances will be required for this development. Opelika Power and Tallahassee River Electric Cooperative will both be serving this development. SPEAKER: This is a preliminary approval only, but it calls for a public hearing. Is there anyone who would like to speak for or against? SPEAKER: How are y'all doing? SPEAKER: Give us your name and address, please. CAMERON PRICE: My name is Cameron Price. I live at 2270 Old Columbus Road.

I live on this piece of property. And I know emotions don't really play into the decision-making here, so I'm going to try to keep those at a minimum. You'll have to excuse my ignorance because I don't participate in this type of activity frequently. Like I said, I do live on this piece of property on the other side of the tracks. This land's been on my family's name for over 100 years. This was brought to my attention by someone outside of my family, a landowner, that their property is adjacent to this land. Throwing up there, I've seen this environment, I've seen the animals that grew up there, I've run cattle on it, watched the wildlife, and that's my biggest problem is has there been an environmental impact study done on this project? There's multiple creeks that run through this land that feed into a natural, protected swamp area, marshland, that's on the same property. Like I said, I'm emotion, there's no point trying to make an emotional plea to anyone here because that's not what this is about. I'm not here to embarrass anyone, but I do wanna make sure that I've given up on trying to fight this going through, but I do wanna make sure that environmentally it's a sound thing, that the water, the animals, well, the animals are gone, they will be, but the water that eventually feeds into the Chattahoochee River is protected, and that the water that goes into a natural swamp that I grew up around, a natural marshland that I grew up around, that I played in when I was a kid, my niece and nephew play in

right now is protected, just for future generations. That's all I'm asking for, is some kind of environmental impact study that'll say, yeah, this is going to be fine, or no, this is going to screw the pooch, that's all I want. Thank you. SPEAKER: Alright. Anyone else? JOSH MIRA: Hello, my name is Josh Mira, I'm a representative here for Sanford Group. SPEAKER: Move the microphone closer, please. JOSH MIRA: Sorry. All right. I'm Josh Mira, I'm representative of Sanford Group, and just wanted to address the gentleman's comments. We have had a streams and wetland delineation done on the site, so that was shown on the overall plan for it, and so there's no impacts for any phase one as a portion of development, and if there's any impacts in the phase two, phase three portions, we'll follow all the guidelines in place in order to impact and pay the stream mitigations that are required I also wanted to make a note as well, I know the agenda said 90 lots on the plat that we submitted, it was for 91 single families, just wanted to make a note of that as well, but happy to answer any other questions pertaining to the plat if you need me to. SPEAKER: Anyone else who would like to speak? Public hearing is now closed. Commissioners, do I hear a motion? SPEAKER: Make a motion for preliminary plat approval with staff recommendations. SPEAKER: Second. SPEAKER: Any discussion? All in favor? ALL: Aye.

SPEAKER: Any opposed? Any abstained? Motion carries. SPEAKER: The next two items regard the same piece of property, this is located on Veterans Parkway, it's a two separate items, and I think you can treat them as such, both in your public hearings and motions. The first part of these is a conditional use request on Veterans Parkway. This is located kind of right where Water Street comes into Veterans, the applicant is Leathardt with Cadre Engineering, representing the Opelika Water Works Board. They are requesting conditional use on this property for a duplex product, a subject property is zoned R3, and what you'll see here is looking kind of at the overall plat, you have 12 lots along the frontage of veterans here, and then a street that comes behind it, you have four duplex lots located on the property that are slightly larger than the single-family lots. This is what requires conditional use approval. The single-family lots are allowed by right provided they meet the minimum standards. The duplex lots themselves do require conditional use. What the applicant is proposing to do is bring a street in, street A here, that is basically a cul-de-sac. You then have two alleys that would come off the cul-de-sac, going back towards the kind of northeast property and then the south property here. These alleyways would basically become the main access

point for the property, so the single-family homes would face towards veterans with a alley behind them, and then the duplexes would face towards street A with the alley also going behind it as well. And so you have a development with 21 units, excuse me, 20, yes, 21 units, and then you have this large piece of open space across street A, which is a mix of floodplain, smears with some topography on it, and then a stream. We have looked over the development, as you see, most of this area is right now single-family around it, and most of it's zoned R3. You do have some mixed kind of developments on Waverly Parkway, and then, of course, as you continue to go farther north, you'd have the mixed-use developments on Waverly Parkway. In looking at this based on kind of the general density and open space that's being provided, we are recommending approval of the conditional use, provided that all utilities be underground, install five-foot sidewalks along Veterans Parkway and both sides of street A, provide a minimum of one street tree for the single-family lots, two for the duplex lots, and then exterior materials meeting the gateway requirements. SPEAKER: Engineerin SPEAKER: Yes, ma'am, the engineering and utility

reports will be addressed at the subdivision preliminary plat, the next item on the agenda, so we don't have any reports for the conditional use. Or it's the same report, but I'll just read it for the preliminary plat. SPEAKER: Alright, so the first is the conditional use. Yes, ma'am, so like I said, it's two parts. You've got a conditional use request that if the conditional use is approved, then they would proceed to the subdivision platting of it. If the conditional use is not approved, I think the applicant would probably want to examine their layout for a potential development there. So, I defer to the applicant on that, but I would take these as two separate items. SPEAKER: Alright, well, in doing that, it calls for a public hearing. Is there anyone who would like to speak for or against? LEE THARP: Afternoon. Lee Tharp, cadre engineer and representing the applicant. I'll just speak to Mr Mosley's comments about conditional use versus the preliminary plat. He's correct. I think if the conditional use was not approved for these four duplex lots, we would likely want to pull the preliminary plat consideration just to make sure we're being as efficient as possible with what we're proposing. We like the layout with the duplex lots, and really, the main reason for the request is because of some of the physical limitations on the property. Mr Mosley mentioned the wetlands and floodplain area on the southern piece for the open space lot that I think you guys can see. It's pretty swampy down there, so we're just trying to make sure that we're being as efficient as we can with

the units that are available without being too impactful on that particular piece of property and maintaining the current zoning. Happy to answer any other questions you all might have. Thank you. SPEAKER: Anyone else? Public hearing is now closed. Do I hear a motion? SPEAKER: Motion for conditional use approval with staff recommendations. SPEAKER: Second. Any discussion? I think the lots in the back are too tight for a duplex. That's my feeling about it. And then there's just some water that runs across it too. SPEAKER: I'm going to defer to Scott. The towpone here is pretty difficult, and it's got a lot of water running through here. It looks to me like they're going to be limited by the wetland study and the towpone, this piece of property, to probably going to readjust these property lines to begin with. SPEAKER: Possibly. There will certainly be some grading and some protection of the wetlands and the streams that may actually have to move a stream with some mitigation in order to get the lots in there. I think it is enough property on this site in order to get the proper grading in and still protect the wetlands in the south. But yeah, it's going to take some work to get this developed, but I think the applicant is aware of this with their preliminary design process. SPEAKER: It's as difficult as it looks like to put some type of holding pond system in here for filtration or something. This goes into the city lake. SPEAKER: Yeah, that is correct.

Certainly the wetlands to the south is where all the water would flow, all the storm water would flow, and that is a natural filtration and settling area. But yeah, they would have to address the erosion sediment control as well as the wetland and stream mitigation with their preparations. SPEAKER: And how does duplex fit on that lot number 17? SPEAKER: Number 17 is not labeled as a duplex lot. That is a single-family lot. SPEAKER: Well, that's a single-family lot. SPEAKER: Yes, ma'am, although I do think it is fairly narrow and it may be difficult to get a single-family home on that lot, but that would not be part of the conditional use necessarily. I think you would want to look at those four lots, 13 through 16, and some of them are fairly large. I mean, 14 and 15 are both 17,000 square feet, 13 is 10,600, and 16 is almost 13,000. So, you know, we do see duplexes on those size lots, but I think especially 13 will be pretty, they're going to have to really work to get one to lay out on that lot correctly. It does help, I think, that they're gonna have driveways in the rear, so they're not gonna be taking up the front or the side with duplex of the lot with driveways. But, yes, ma'am, it would be something they would have to determine if the Commission grants them approval, and it would be something where we would not be supportive of a variance before the Zoning Board if they can't fit

something on there because it would then be a self-created hardship. SPEAKER: On Lot 17, would it be accessed by the alleyway or the cul-de-sac or both? SPEAKER: I believe all the lots are intended to be accessed by the alleyways. SPEAKER: Is the conditional use, if approved, only applicable to Lots 13 and 16? SPEAKER: It is, I would say it is primarily applicable to those lots. However, because they are showing some of the features associated with that, I mean, it really is going to tie the additional lots to that as well. I mean, they're showing a rear alley here that would be the connectivity to not only those lots but all the lots, and I believe that would be a condition upon which this was being solved. So, you know, the single-family lots meeting the requirements really should not be the primary focus of your review. It should be those four lots and how those four lots interact with the rest of the development. SPEAKER: Right. I guess what my question was trying to get at is does it preclude any opportunity for creating any other duplex lots that are not shown here? SPEAKER: No, sir. We would look at this as this is what they are showing now. If they came back in and either decided they wanted to put the duplex lots directly on veterans or if they wanted to add additional units, we would make them come back through the conditional use application. SPEAKER: Very good. Thank you. SPEAKER: If that's the case, why wouldn't that Street A just cul-de-sac right there where Lot 13 is? Why take it all the way back there in the back? SPEAKER: They still have to have road frontage to make the lots meet the minimum requirements for the subdivision regulations and zoning ordinance.

SPEAKER: That road would also be public access road, emergency access, garbage access. SPEAKER: So we have a motion and a second. Any other discussion? The motion is to approve... SPEAKER: (INAUDIBLE) staff recommendations. ALL: Aye. SPEAKER: Any opposed? I oppose. Any abstain? Motion carries. SPEAKER: Thank you. The next item now concerns the same piece of property, but this is the subdivision of that property. Again, the same applicant, Lathar, for Cadre Engineering, representing the Water Works Board of Opelika. They're requesting preliminary plaid approval of 13 single-family lots for duplex slots and a 2.3 open space lot in the R3 zone. The lots meet the minimum standard size requirements for the R3 zone. All of them exceed the 10,000 square feet and 70 feet width, although we have noted that we feel Lot 17 may be difficult to site a house on. They are, as we mentioned, proposing to take access off of the... MATT: Internal alleys would not have access directly off of Veterans Parkway. As such, we are recommending preliminary plat approval with following conditions, install underground utilities and sidewalks. We've noted on this one on the side of streets, on one side of the street adjacent to the homes and Veterans Parkway, because again, majority of Street A on one

side will just be open space. Add a note that no driveways take direct access off Veterans Parkway. Exterior materials meeting the minimum cladding requirements for the Gateway Corridor. All note five on the plat states the homeowners' association will own and maintain the open space lot. Add a note providing the uses any uses allowed on the open space lot. Add a note providing, or excuse me. Add a note providing who will maintain and own the open space lots, and then one tree will be required per single-family and two per duplex lots on each lot. SPEAKER: Engineering. SCOTT: Yes, ma'am, just like the others. Preliminary plats, a site construction and infrastructure plan would be required to be submitted for approval and review. Turn lanes may be required on Veterans Parkway for this development. The type and extent will be determined by engineering staff or a potential traffic study. Construction of the infrastructure and utilities be approved prior to final plat. Road names should be approved by engineering department prior to final plat. Engineering department has no other comments or concerns with this proposed preliminary plat. Opelika Water states that an 18-inch main is available on the northern side of Veterans Parkway, and this subdivision is outside of Opelika Power Services territory. SPEAKER: Outside. SPEAKER: That surprised me too. SPEAKER: OK. This calls for a public hearing. Is there anyone who would like to speak for or against this? Public hearing is now closed.

Commissioners, do I hear a motion? SPEAKER: Make a motion for a preliminary plat approval with staff recommendations. SPEAKER: Second. SPEAKER: Any discussion? All in favor? SPEAKER: Aye. SPEAKER: Any opposed? Any abstain? OK, motion carries. MATT: The next three items are conditional use requests. The first is for Saint Mary's Catholic Church. This is an item that has been before you previously. They've come back now with much more refined plans. And so they're coming back with conditional use for conditional use approval. The subject property is located on Lake Condy Road. Also touches Andrews Road and Industrial, through it's industrial drive. The property is zoned M-1. Churches or houses of worship are allowed as conditional uses in all zoning districts. So, that's why it's before you today. The applicant again is Lee Tharp with Kadre Engineering, representing Most Reverend Thomas J. Rodi, Archbishop of Mobile. This is in the Gateway Corridor. So, the applicant is proposing to construct a church sanctuary, parish house, and kitchen. At the current time, they have provided us with a long-range plan showing the potential use of the entire property. It would be my recommendation. The commission focus on the initial phase. Because I think much of this will likely come after any conditional use will probably have expired if it is

approved again, but they are showing basically the area in red, which is the initial worship parish hall. Then you have a future worship space, future chapel, a potential admin building, and preschool children's education building, some play schools, a parish hall expansion, kitchen expansion, and then finally a rectory on the Industrial Boulevard Side. Here is kind of a zoom in of what the initial phase will look like. And so here you see the initial church building with a potential proposed residence, rectory for the area the applicant will take, or excuse me, the use will take access off Lake Condy and Industrial Boulevard at the present time, with parking kind of along that side property line. We've kind of gone ahead and broken down all of those both kind of what we call phase one. And then the master plan. This first phase will have about a 10,800 square foot sanctuary building. Overall, the plan shows up to 46,000ft². And I think that would be in the future based on needs and growth. The initial design we have looked at the parking allows up to 283 people in the, excuse me, up to 372 people in the primary building, which is well above, I believe, what they expect in the initial phase. We've noted that they've provided a landscape plan for this initial phase one. And then kind of just gone through the staff report

and kind of shown all of those specifics and how they would deal with conditional use design and standards. You kind of see zoom in on the church building with kind of a walk or drive-through area, allow people to get off, and then the frontage landscaping along Lake Condy Road. And then they provide us kind of a example building of what the initial phase may look like. I believe this is a mix of brick, stone, glass, and those materials generally accepted through the Gateway Corridor standards. I think in the future when if they were to come back and build a larger building, it would be much more grand in its design at that time. We are recommending conditional use approval, subject to the front facade meeting the example elevation, and the requirements of the Gateway Corridor, including extending those materials along the east side, due to the visibility from Andrews Road, at a landscape plan to detail the residential buffers on the east side. Again, this may be handled at the current time through existing buffering. Revise the landscape plan to meet the minimum base points and parking points. If the dumpster is added, it need to be screened and reviewed through Planning and Opelika Environmental Services. And then the outside lighting must meet the gateway corridor requirements. SPEAKER: Engineering. SCOTT: The applicant be required to submit a site plan for the, for each phase of this development as they come up for approval. This site plan will be for the purpose of a land

disturbance permit prior to construction. Engineering is requesting that a shared-use path from the access of Lake Condy Road to Andrews Road be provided. With the final build-out of this facility. Engineering has no other comments concerning the proposed conditional use approval. Opelika Water states that there's an eight-inch water main along Lake Condy and Industrial Boulevard. They also advise that the that the site is with elevation on the site with elevation above 105ft will experience lower than normal pressures due to the existing hydraulic gradient of the distribution center system. I think I'm pretty sure the applicant and the site engineer are aware of this and will make concessions with any water supply issues. This is, this site is inside of Opelika Power Services territory. SPEAKER: Alright, this item comes before us for conditional use, and it calls for a public hearing. Is there anyone who would like to speak for or against? LEE THARPE: Lee Tharpe, Kadre engineer and represent the applicant. I just wanted to speak to Scott's point about the pressure a second ago. We've been in contact with Waterworks, folks, and there's a plan to provide a fire pump to supply adequate pressure and flow based on the issues with the existing mains. We're not worried about the infrastructure with this project, especially not right now. And that would also be sized to handle the future proposed build-out that was shown on the master plan. I do also wanna point out and one of the slides, particularly the landscape plan, in contrast with the master plan

that you're looking at right now the phase one build out would try to maintain as much existing vegetation as possible until such a time where they're ready to expand the facility and add the larger worship hall, that kind of front Lakkundi and be a little bit more open towards that frontage. So, I just wanted to point that out. We're excited about the development. Happy to answer any other questions if you have them. SPEAKER: Anyone else? Public hearing is now closed. Commissioners, do I hear a motion? SPEAKER: Motion for conditional use. approval with staff recommendations. SPEAKER: Second. SPEAKER: Any discussion? All in favor? SPEAKER: Aye. SPEAKER: Any opposed? Any abstain? Motion carries. MATT: Item number six has also been before you previously. This is a request for conditional use approval of townhomes. This is located off of Executive Park Drive. The applicant is Alleged Nettles of Baseline Surveying, representing SB Homes LLC. The subject property is part of a planned unit development. You kind of see the outline here. In 1994, this planned unit development was approved with a total of 28 townhome units. At the initial time, 12 were developed along the kind of north west side of the property closest to Pepperell Parkway. The remaining 16 have basically never been developed. They've been largely just kind of a wooded area. And so the applicant is coming back in requesting

to construct those. The... This was before you, I believe, last in 2022 for review and approval. Here, you kind of see the overall layout of the townhome units in three different buildings. There's one unit kind of on the eastern side that would have four units. The other two buildings would have six units apiece. Townhomes meet the minimum requirements for the townhome regulations, including width and area, and requirements for yard. Here, you kind of see a landscape plan. We have noted the need for additional landscaping along some of the residential sides to make sure that a true buffer is available between this and the residences to the south. And then here you see a proposed elevation of the development showing largely brick facade with some looks like board and batten material, and then a single-car garage on each unit. We are recommending conditional use, subject to the following that utilities be underground landscape plan meet the minimum requirements for the base points and parking, and the residential buffer. Label the common area and provide a note about any uses allowed maintenance for the common area. Any dumpsters will need to be enclosed on all sides with a gate and opaque fence. The heights of the dumpsters not seen outside the enclosure. And I note who will be responsible for any of the landscaping buffers. SPEAKER: Engineering. SCOTT: Engineering will require a site plan for this development in order to issue a land disturbance permit. There are no other comments from the engineering department for this development. Opelika Water states that the water is available

from an eight-inch main on the western side of Executive Park and from a six-inch main on the north side of the entrance to the existing townhomes directly to the north. This property is in Opelika and Alabama Power Services territory. SPEAKER: This calls for a public hearing. Is there anyone who would like to speak for or against? SPEAKER: Baseline survey in 2004. Yarbrough drive representing the client on this one. Just be happy to answer any questions that you might have on this. I think I can clear anything up if you have any questions. SPEAKER: We'll see after we have a motion. Anyone else? Public hearing is now closed. Commissioners, do I hear a motion? SPEAKER: A motion conditional use approval for staff's recommendations. SPEAKER: Second. SPEAKER: Any discussion? SPEAKER: Just a curious question. On the elevation. I see six garage doors, but four entry doors. Some of these units have shared entries? MATT: That may be just a an elevation that's not completely drawn accurately. I don't believe that's the case. I believe these are intended to be single-car garage with single entry. OK, yeah. SPEAKER: Any other discussion?

All in favor? SPEAKER: Aye. SPEAKER: Any opposed? Any abstain? Motion carries. MATT: The next item is a request for conditional uses regards this is a flat penny development. Flat penny junction. This is located along South Railroad 915 South Road. It actually includes quite a few different addresses downtown. It's part of the C-1 zone. Currently, the property is existing vacant commercial structures. And kind of see here, it extends from there next to what was twice baked, all the way to the corner of 10th Street. So, here you kind of see an overview of the entire block. So, starting with this darker building, what they're calling building A right here, and extending all the way down to the 10th Street Bridge on the edge. And so the applicant is proposing to put in some to demolish three parts or two buildings and part of another that have gone before the Historic Preservation Commission. They would then come back in with a new building that would be potentially three stories tall, and another building that would be a rooftop addition onto two of the smaller buildings on the end. We've been working through the Historic Preservation Commission with the applicant to make sure that the requirements are being met. You're looking at more of the use specific to the residential aspect of it. It's likely that the individual commercial uses may be allowed by right, depending on who the final tenant is.

What you'll see, though, is these areas in hatch here, which includes the former Nippers restaurant portion, not necessarily the banquet section, but the restaurant section. And then the building next to it, I believe, might have been the shoe shop, and then a small building that was added on the backside of 10th Street, all being removed. The applicant would then come in with a three-story building, which is shown here. What you'll see is about half the front. The bottom floor would be retail, commercial-type uses. Restaurant-type uses. On the back side of the bottom floor, you would have four one-bedroom units and one two-bedroom unit, and then above that, you would have on the second and third story eight one-bedroom units and two two-bedroom units on each floor. So, here, this would be the second and third floors of this building. They're also showing a potential rooftop kind of patio area and addition. However, that would not necessarily be part of your review today just because it's you're looking at the residential component here. They've kind of provided some of the elevations or some pictures of what the buildings are. So, the first building you see is what was formerly Twice Baked. That is not part of the development. Going from there over, though, you start to see the buildings. This first building, being maintained, the second, here where the sign was, would be demolished. You can kind of see that it's newer brick. The third building, which kind of has the smaller windows not typical of the downtown area. Also being demolished.

And then here the one, the buildings that were painted kind of yellow off white, being maintained and revitalized going to the corner. So, here you see kind of a layout of how it would fit in with the overall development. So, you've got some change in elevation moving from 9th Street to 10th Street, also changing elevation, moving from the railroad tracks, going south back towards Museum of East Alabama. And so you kind of see, this makes a is taller than the adjacent building, but it's within kind of one story of that, adjacent area, primary building materials would be brick. They have shown some potential for architectural metals on top. I think that's still in discussion with the Historic Preservation Commission. And then they provided some elevations here. They've actually provided us some updated ones. And so I'll put those at your table. And so here you see kind of more of an updated elevation kind of removes the metal containers that were in the back area here, kind of a street view. And then you kind of see a just a general layout of the current buildings. One thing we did note through this is they are proposing to improve the alleyway through the back here, providing parking. I believe there are 30 parking spaces provided back here, which would provide at least one space per bedroom for the residential area. And then they would create a common green where one of the block buildings back here on South 10th Street would be. We did note that the location of the dumpsters may need to be worked through with environmental services to make sure that they're in the correct location and see if there's

ability to collaborate there. Overall, this is well below the allowed density of the development. We feel like the parking also is being accommodated through this. We have been talking with city engineer and with the applicant about the idea of also looking at realigning some of the parking through this area, moving from some of the parallel spaces, it appears that we have space to turn some of those to either angled or perpendicular spaces, which would allow us to pick up quite a few additional spaces along the street frontage as well. We hope to eventually have some further conversations with Norfolk Southern to look at potential opportunities to clean up some of the area around where the rail connects between the two. Overall, we are recommending conditional use approval, and that would be, of course, subject to approval by the Historic Preservation Commission regarding the building facade and elevations. The applicant is here, Mr Cummings, and the architects are also available if you have any questions. SPEAKER: Engineering. SCOTT: Besides the comments regarding the possibility of additional parking on South Railroad, the engineering department has no comments or concerns regarding conditional use approval. Opelika Water states the ten-inch main on the south side on South 10th Street, and a six-inch main along South Railroad, and existing two-inch galvanized main to the side in the back alley. That will need to be abandoned at the main as part of this project. This property is in Opelika Power Services territory. SPEAKER: This item calls for a public hearing. Is there anyone who would like to speak for or against this item?

Public hearing is now closed. Commissioners, do I hear a motion? SPEAKER: Motion for conditional use approval with staff recommendations. SPEAKER: Second. SPEAKER: Any discussion? All in favor? SPEAKER: OK. SPEAKER: Do you have discussion? SPEAKER: Matt, what's the what are the height restrictions downtown? MATT: So, it's... C-1 zone technically allows buildings up to 75ft tall. Now, most of the C-1 zone is regulated through the historic districts. Historic districts typically say that buildings should be in scale with those surrounding buildings. And typically, what we look at when we say that is they should be within about a story of those buildings adjacent to them. In this one, we looked at both what was adjacent. We looked at some of the topography of the area, showing again that there is kind of a fall down towards the 10th Street Bridge. The other thing that you really see, and the architects created a model that basically showed this is, in this case, you have the bridge itself, creating a kind of vertical component that these buildings kind of fit in line with. So, you have the bridge, which in some regards creates that hype that we're looking at. So, I believe this. These buildings are kind of right at or just below that the base of the bridge. SPEAKER: Yeah, and we've got do we have another three-story building downtown, is Agricola Law Building in the three... MATT: Three story building. SPEAKER: Yeah. MATT: The federal courthouse is three stories, although it's probably about as tall as a five-story building is. And we looked at quite a few of the few of these. We don't have many three-story buildings. What you start looking at when you look at a lot of the downtown buildings, especially in this area, is this

was an area where you had about three hotels that were all three to four stories in height, both through the, on this side of the railroad tracks and just across the railroad tracks, where the Hall's warehouse currently is. So, a lot of our three-story buildings, over time, have unfortunately gone away, but at one time, there were at least... SPEAKER: More than we got now. MATT: Yeah, quite a few, or not quite a few, but there were definitely three stories. SPEAKER: OK. MATT: Fairly regularly through the downtown. SPEAKER: Gotcha. One more question. If anybody else has any. I'm just curious, Scott, from a sewer perspective, as we see potentially more and more residential stuff showing up downtown, is there any, I mean, overall, is the sewer adequate, or would there be any required work on that over time? SCOTT: I'm sure we'll need to be analyzed because it probably hasn't been accessed. You know, with the new building, with the demolition of existing buildings, they're gonna have to look into it. And that's mainly just a connection from the existing buildings to the main. I have not heard of any issues of any sewer issues along South Railroad. Ross, do you know of any sewage issues? OK, so I think the main sewage transfer along South Railroad is adequate. I think with again, with the demolition and renovation, they're gonna have to look into possibly new connections from the new buildings, which is logical. SPEAKER: Thank you, I was curious. SPEAKER: Matt, I know you said there's roughly one parking space per bedroom. MATT: Yes, sir. SPEAKER: In the rear, you know, it's really become a use issue if you add all this additional space, which is be greatly modernized. And I think a wonderful development if it comes through.

I just think the city needs to look at it as maybe some type of parking structure that's gonna better benefit this in downtown going forward. And I don't know if we can, if you can add that to, as a condition to what we look at in the future, but we're gonna put a lot of stress on our parking throughout the community with this project and others like it coming going forward. MATT: We do monitor parking quite a bit and there are times, of course, where there is limited parking available. Again, projects like this, we do like the fact that they are able to provide a decent amount of parking on site through the use of the rear alley. But it is something as we continue to grow, we're gonna have to monitor and maintain. I don't think we feel at this time that we are in a we have a deficit of parking at most times. But, you know, if we do start seeing more residential and more redevelopment, I think it's something we'll have to continue to look at. SPEAKER: Alright, any other discussion? All in favor? SPEAKER: Aye. SPEAKER: Did you have something else you wanted to add? (CROSSTALK) Thank you for... SPEAKER: Any opposed? Any abstain? Motion carries. MATT: Thank you. The last item under your new business is a request for rezoning and amendment to the future land use. This is a property located on off Veterans on Speedway Drive. 1401 Speedway Drive. The applicant is Greg Harris for Farpoint Properties, LLC. Current zoning is shown as R-5M. And of course, the M is mobile home allows

manufactured mobile homes to be placed on the property. Mr Harris is requesting to rezone this to a C-2 or office retail use. You'll notice on this vicinity map, you've got a single piece of property which is currently undeveloped. It is surrounded on three sides by mobile home parks or individual mobile home lots. On the other side, you have a property that is also zoned C-2 that fronts on Veterans. Subject property is 1.93 acres. Just under two currently has a high-density residential land use designation. The... Properties just below this along Veterans were rezoned about a year and a half ago to C-3 to allow some office warehouse type uses. The applicant is proposing to rezone this. He's kind of already stated that his desired intent would be to put some office, kind of, warehouse-type uses on the property. They would have an entrance off of the Speedway Drive segment here and then would have potential units facing out towards the sides of the property, the north and south they are showing, and would be required if it does develop his office to have some buffer yards to buffer between the residential use and the office use. Here's again, just kind of a topo of the property and just kind of a general, another general location

showing its relation to Midway Manor and some of the other properties through here. Overall, looking at it, we find that the property is adjacent to commercial properties and could be accessed without going feeling like you're going into the residential neighborhoods of the mobile home parks. It does have frontage without kind of having to go fronting past individual mobile homes. So, we are recommending an amendment to the future land use map to change that to office retail, and then a positive recommendation to City Council to rezone from R5 to C-2. SPEAKER: Engineering. SCOTT: Engineering has no comments or concerns regarding rezone or amendments. Opelika Water has water service available from a 12-inch Mainland Speedway Drive, and Opelika Power will service this site. SPEAKER: So, we should take this as two items? MATT: I think you can hold a single public hearing for it with two separate motions. SPEAKER: I will start off with the public hearing for this item. One will change the, we may change the future land use map, and to whether we rezone it. So, if someone would like to speak to either one of those. Public hearing is now closed. Commissioners, do we take this as two items? MATT: Two separate motions. One would be a approval or denial of the future land use, and the other would be a recommendation to City Council.

SPEAKER: Do I hear a motion about the land use map? SPEAKER: Motion to approve with staff recommendations? SPEAKER: Second. SPEAKER: And so this is this is not a positive recommendation. SPEAKER: This is just an up or down vote. SPEAKER: Up or down. Alright. So, all in favor. (CROSSTALK) Excuse me, those who oppose, any abstain? Motion carries. Now the rezoning request. MATT: That would be a recommendation to City Council. SPEAKER: Do I hear a motion? SPEAKER: Motion for positive recommendation to City Council for rezoning. SPEAKER: Second. SPEAKER: Your second? SPEAKER: Yes, ma'am. SPEAKER: OK, any discussion? All in favor? SPEAKER: Aye. SPEAKER: Any opposed? Any abstain? Motion carries. MATT: As I said, item nine has been removed. Items ten through 15, we've had requested to be remain on the table at this time. I believe those will be back before you, some of those as early as next month. The other thing I did wanna mention to the commission as well is I put a calendar at your chair, basically looking at the November and December dates. Again, we fall on the we were scheduled to have a meeting on November 25th, which is two days before Thanksgiving. In the past, you have typically wanted to move that up, and so we've proposed doing it on the 18th, which would be before the City Council meeting that night. And then the second is the December meeting is proposed to be on the 23rd, which is, of course, right before Christmas Eve. And so again, we proposed moving that up to the 16th. If the commission is OK with that, we will add

those as motions to your next meeting so that you can approve those dates. SPEAKER: OK, do I hear a motion to be adjourned? SPEAKER: Second. SPEAKER: All in favor? SPEAKER: Aye. SPEAKER: Thank you for going over the legal matter that...