City of Vestavia Hills Planning and Zoning Commission

CITY OF VESTAVIA HILLS

PLANNING AND ZONING COMMISSION

AGENDA

AUGUST 10, 2017

6:00 P.M. Roll Call.

Pledge of Allegiance

Approval of Minutes: July 13, 2017

Preliminary Plats

(1) P-0817-39 Liberty Park Joint Venture, LLP Is Requesting Preliminary Plat Approval For Liberty Park Town Village 6.5 Acre Commercial Subdivision. The Purpose For This Request Is To Add Infrastructure . The Property Is Owned By Liberty Park Joint Venture, LLP and Is Zoned Vestavia Hills PNC. Final Plats

(2) Consent Agenda:

A. P-0817-38 Wedgeworth Realty, Inc. Is Requesting Final Plat Approval For A Resurvey of Lots 15 & 16, Altadena Park Subdivision. The Purpose For This Request Is To Resurvey Shared Lot Line. The Property Is Owned By Wedgeworth Realty, Inc. and Is Zoned Vestavia Hills R-1.

B. P-0817-40 HD Holdings Is Requesting Final Plat Approval For Topfield Resurvey No. 2. The Purpose For This Request Is To Combine Two Parcels And One Lot Into One Larger Lot. The Property Is Owned By HD Holdings and Is Zoned Vestavia Hills O-1.

C. P-0817-41 Liberty Park Joint Venture, LLP Is Requesting Final Plat Approval For Heritage Hills-Phase 1 Resurvey No. 6. The Purpose For This Request Is To Add A Storm Drainage Easement. The Property Is Owned By Liberty Park Joint Venture, LLP and Is Zoned Vestavia Hills PR-1.

Rezoning/Conditional Use Recommendations:

(3) P-0717-35 Continental Equity Corporation & Russell W. Polhemus Is Requesting Rezoning for 2221 & 2301 Old Columbiana Rd. from Vestavia Hills Inst-1 to Vestavia Hills B-2 The Purpose Of A Sports Medicine & Fitness Institute Medicine & Fitness Institute With A Conditional Use For Outdoor Recreation For The Purpose Of Recreation, Fitness, and Sports Training.

Time of Adjournment.

CITY OF VESTAVIA HILLS

PLANNING AND ZONING COMMISSION

MINUTES

JUNE 8, 2017

6:00 P.M.

The Planning and Zoning Commission of the City of Vestavia Hills met in regular session on this date at 6:00 P.M. following posting/publication as required by Alabama law. The roll was called with the following:

MEMBERS PRESENT: Lyle Larson, Chairman Brian Wolfe Cheryl Cobb Fred Goodwin Deloye Burrell Blaine House Jim Brooks Rusty Weaver

MEMBERS ABSENT: Greg Gilchrist

OTHER OFFICIALS PRESENT: Conrad Garrison, City Planner Christopher Brady, City Engineer

APPROVAL OF MINUTES

Mr. Larson stated that the minutes of the meeting of June 8, 2017 are presented for approval.

MOTION Motion to approve minutes as presented was by Mr. Burrell and second was by Mr. Brooks. Voice vote as follows:

Mr. Goodwin – yes Mr. Burrell – yes Mr. Wolfe – yes Mr. Brooks – yes Mr. Weaver – yes Mr. House – yes Mrs. Cobb – yes Mr. Larson – yes Motion carried

Consent Agenda/Final Plats:

A. P-0717-32 Michael Mouron Is Requesting Final Plat Approval For Resurvey of Lot 754-A Of A Resurvey Of Lot 754 And 755 Of Kings Mountain Ridge. The Purpose For This Request Is To Subdivide One Lot Into Two. The Property Is Owned By Michael Mouron and Is Zoned Vestavia Hills PR-1.

MOTION Mr. Goodwin made a motion to approve item A. Second was by Mr. Weaver. Motion was carried on a roll call; vote as follows:

Mr. Goodwin – yes Mr. Burrell – yes Mr. Wolfe – yes Mr. Brooks – yes Mr. Weaver – yes Mr. House – yes Mrs. Cobb – yes Mr. Larson – yes Motion carried

B. P-0717-37 Stephen & Marie Kersey Is Requesting Final Plat Approval For Biltmore Estates Lot 11A Resurvey. The Purpose For This Request Is To Combine Two Parcels Into One. The Property Is Owned By Stephen & Marie Kersey and Is Zoned Vestavia Hills R-3.

MOTION Mr. Goodwin made a motion to approve item B with the condition that a variance be granted by the Board of Zoning Adjustment. Second was by Mr. Brooks. Motion was carried on a roll call; vote as follows:

Mr. Goodwin – yes Mr. Burrell – yes Mr. Wolfe – yes Mr. Brooks – yes Mr. Weaver – yes Mr. House – yes Mrs. Cobb – yes Mr. Larson – yes Motion carried

Rezoning/Conditional Use Recommendations:

P-0717-33 June Pryor Is Requesting Rezoning for 3118 Pine Tree Dr. from Vestavia Hills R-1 to Vestavia Hills B-3 With A Conditional Use For A Kennel For The Purpose Of Retail Development.

Mr. Garrison explained the background and location of the request and went over the conditions staff recommended for approval.

Nick Van Cryer and Jeff Hardwick discussed the rezoning plan, site layout and building design.

Mrs. Cobb asked about insolation for noise. Mr. Hardwick stated the building is designed in a way to make noise un-noticeable.

Mr. Larson opened the floor for a public hearing.

Dr. Shirley stated she was opening a doctor’s office across the street and need a quiet place for her practice.

Mr. Hardwick affirmed that would be the case.

Mr. Larson closed the public hearing and opened the floor for motion.

MOTION Mr. Wolfe made a motion to recommend rezoning approval 3118 Pine Tree Dr. from Vestavia Hills R-1 to Vestavia Hills B-3 With A Conditional Use For A Kennel with the following conditions:

A. Zoning limited to B-2 uses; B. Strongly encourage high STC sound rating for exterior walls.

Second was by Mr. Burrell. Motion was carried on a roll call; vote as follows:

Mr. Goodwin – yes Mr. Burrell – yes Mr. Wolfe – yes Mr. Brooks – yes Mr. Weaver – yes Mr. House – yes Mrs. Cobb – yes Mr. Larson – yes Motion carried

P-0717-34 June Pryor Is Requesting Rezoning for 3111 Pine Tree Dr. from Vestavia Hills R-1 to Vestavia Hills O-1 For The Purpose Of Office Development.

Mr. Garrison explained the background and location of the request and went over the conditions staff recommended for approval.

Todd Thompson & Dr. Ioana Shirley were present to explain the request.

Mr. Larson opened the floor for a public hearing. There being no one to address the Commission concerning this request, Mr. Larson closed the public hearing and opened the floor for a motion.

MOTION Mr. Burrell made a motion to recommend rezoning approval 3111 Pine Tree Dr. from Vestavia Hills R-1 to Vestavia Hills O-1 with the following conditions:

A. Based on renderings presented.

Second was by Mr. Weaver. Motion was carried on a roll call; vote as follows:

Mr. Goodwin – yes Mr. Burrell – yes Mr. Wolfe – yes Mr. Brooks – yes Mr. Weaver – yes Mr. House – yes Mrs. Cobb – yes Mr. Larson – yes Motion carried

P-0717-36 Phillip J. & Nellie Faye Parker and DCR Group, LLC Are Requesting Rezoning for 3009 & 3017 Sunview Dr. from Vestavia Hills R-4 to Vestavia Hills R-9 For The Purpose Of Residential Development.

Mr. Garrison explained the background and location of the request and went over the conditions staff recommended for approval.

Bob Easley was present to explain the request. He went over the design of the subdivision and the drainage plan. Mr. Brady affirmed the drainage plan.

Mr. Larson opened the floor for a public hearing.

Kathleen Jensen, Penelope Cowart, Elise Bodenhiemer, and Lucy Word all spoke in opposition due to drainage and density concerns.

David Roberts and Bobby Adams spoke in support.

The Commission agreed that the Cahaba Heights Community Plan supported the rezoning with the density requested.

Mr. Larson closed the public hearing and opened the floor for a motion.

MOTION Mr. House made a motion to recommend rezoning approval 3009 & 3017 Sunview Dr. from Vestavia Hills R-4 to Vestavia Hills R-9 with the following conditions:

A. Covenants/HOA agreements to be submitted with final plat; B. Fences will be allowed on lots that have frontages on Sunview Dr. and Green Valley Rd.

Second was by Mr. Burrell. Motion was carried on a roll call; vote as follows:

Mr. Goodwin – yes Mr. Burrell – yes Mr. Wolfe – yes Mr. Brooks – yes Mr. Weaver – yes Mr. House – yes Mrs. Cobb – yes Mr. Larson – yes Motion carried

Conrad Garrison, City Planner Planning and Zoning Minutes Page 5

CITY OF VESTAVIA HILLS SYNOPSIS AND STAFF RECOMMENDATION CONCERNING APPLICATION BEFORE THE PLANNING AND ZONING COMMISSION

Date: AUGUST 10, 2017

• CASE: P-0817-39

• REQUESTED ACTION: Preliminary Plat Approval For Liberty Park Town Village 6.5 Acre Commercial Subdivision

• ADDRESS/LOCATION: Liberty Pkwy. & South Liberty Rd.

• APPLICANT/OWNER: Liberty Park Joint Venture, LLP

• REPRESENTING AGENT: Schoel Engineering

• GENERAL DISCUSSION: Preliminary plat is to add road “5” and “5B”, as well as associated infrastructure for the construction of commercial development. Detailed plans have been submitted to the Engineering Dept. for review.

• LIBERTY PARK MASTER PLAN: This request is consistent with the plan for commercial development.

• STAFF REVIEW AND RECOMMENDATION:

1. City Planner Review: I have looked at all of the relevant zoning / subdivision requirements related to this proposal, including application, notification, setbacks, area of lot development, etc. Notification has been sent to property owners pursuant to Alabama law. I have reviewed this request and find it does meet the minimum requirements of the proposed zoning.

City Planner Recommendation: No recommendation

2. City Engineer Review: No problems noted.

3. City Fire Marshal Review: No problems noted

4. Building Safety Review: No problems noted

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I S B L E L Y R AR T O T M Y I F H N . A T R S IS D D D X . E E R OS TO A OP E IC PR TI SITE S PP1 OF 1 CITY OF VESTAVIA HILLS SYNOPSIS AND STAFF RECOMMENDATION CONCERNING APPLICATION BEFORE THE PLANNING AND ZONING COMMISSION

Date: AUGUST 10, 2017

• CASE: P-0817-38

• REQUESTED ACTION: Final Plat Approval For A Resurvey of Lots 15 & 16, Altadena Park Subdivision

• ADDRESS/LOCATION: 3587 & 3575 Altadena Park Ln.

• APPLICANT/OWNER: Wedgeworth Realty, Inc.

• REPRESENTING AGENT:

• GENERAL DISCUSSION: Final plat is amending the lot line between lots 15 & 16. Recorded setbacks remain. Lots meet minimums for R-1.

• VESTAVIA HILLS COMPREHENSIVE PLAN: This request is consistent with the plan for low/medium density residential.

• STAFF REVIEW AND RECOMMENDATION:

City Planner Recommendation: No recommendation

2. City Engineer Review: No problems noted.

3. City Fire Marshal Review: No problems noted

4. Building Safety Review: No problems noted

CITY OF VESTAVIA HILLS SYNOPSIS AND STAFF RECOMMENDATION CONCERNING APPLICATION BEFORE THE PLANNING AND ZONING COMMISSION

Date: AUGUST 10, 2017

• CASE: P-0817-40

• REQUESTED ACTION: Final Plat Approval For Topfield Resurvey No. 2

• ADDRESS/LOCATION: 3111 & 3115 Timberlake Dr.

• APPLICANT/OWNER: HD Holdings

• REPRESENTING AGENT: Joey Miller

• GENERAL DISCUSSION: Final plat is combining the Harris Doyle lots on Blue Lake Rd. with their lots that were recently rezoned on Timberlake Rd. as part of their rezoning request. The plat also includes a shared access and utility easement.

• CAHABA HEIGHTS COMMUNITY PLAN: This request is consistent with the plan for mixed use.

• STAFF REVIEW AND RECOMMENDATION:

City Planner Recommendation: No recommendation

2. City Engineer Review: No problems noted.

3. City Fire Marshal Review: No problems noted

4. Building Safety Review: No problems noted

CITY OF VESTAVIA HILLS SYNOPSIS AND STAFF RECOMMENDATION CONCERNING APPLICATION BEFORE THE PLANNING AND ZONING COMMISSION

Date: AUGUST 10, 2017

• CASE: P-0817-41

• REQUESTED ACTION: Final Plat Approval For Heritage Hills-Phase 1 Resurvey No. 6

• ADDRESS/LOCATION: Liberty Park Ln.

• APPLICANT/OWNER: Liberty Park Joint Venture, LLP

• REPRESENTING AGENT: Schoel Engineering

• GENERAL DISCUSSION: Final plat is adding a 15’ storm sewer easement on lots 865-870.

• LIBERTY PARK MASTER PLAN: This request is consistent with the plan for planned residential.

• STAFF REVIEW AND RECOMMENDATION:

City Planner Recommendation: No recommendation

2. City Engineer Review: No problems noted.

3. City Fire Marshal Review: No problems noted

4. Building Safety Review: No problems noted

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D R B . L A Y

RESURVEY NO. 3 O E P

L - E F (Map Book 239, Page 49) I R W . STATE OF ALABAMA P F

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H A E V JEFFERSON COUNTY T A

A J E V S I R H The undersigned, Joseph F. Breighner, Jr., Registered Land Surveyor, in the E R M T L P M U State of Alabama, and Liberty Park Joint Venture, LLP, A Limited Liability G ( (A F S L

Partnership, Owner, hereby certify that this plat or map was made pursuant to a A D I O E survey made by said Surveyor and that said survey and this plat or map were made T I E at the instance of said Owner; that this plat or map is a true and correct plat 4 R

R / D H or map of the lands shown therein and known or to be known as HERITAGE HILLS - 1

PHASE I RESURVEY NO. 6, showing the subdivisions into which it is proposed to . N H A E

divide said lands, giving the length and angles of the boundaries of each lot STATE OF ALABAMA . E E and its number, showing the streets, alleys and public grounds, giving the JEFFERSON COUNTY S

G bearing, width, length, and name of each street, as well as the number of each OWNER: E M lot and block and showing the relation of the lands to the Amended Map No. 2 of I, , as Notary Public in and for said County and State, H G N T

I Heritage Hills Phase 1 as Recorded in Map Book 229, Page 35, Heritage Hills - do hereby certify that Shawn Arterburn, whose name as Vice President of A

Phase I - Resurvey No. 2, as recorded in Map Book 238, Page 67, and Amended Map Development of Liberty Park Joint Venture, LLP, A Limited Liability Partnership, E Liberty Park Joint Venture, LLP I A of Heritage Hills - Phase I - Resurvey No. 3, as recorded in Map Book 239, Page is signed to the foregoing certificate as Owner, who is known to me, F B D 49 in the office of the Judge of Probate of Jefferson County, Alabama, and acknowledged before me, on this date that after having been duly informed of the T

A Limited Liabliity Partnership E O I T being situated in the S.E. 1/4 of the S.W. 1/4 of Section 4, Township 18 South, contents of said certificate, he executed the same voluntarily as such officer

Range 1 West, Jefferson County, Alabama; and that iron pins or other appropriate with full authority therefore. 8000 Liberty Parkway, Suite 114 A R monumentation have been installed at all lot corners (or reference points to lot U T corners) and curve points as shown and designated by small open circles on said GIVEN UNDER MY HAND AND OFFICIAL SEAL, this the day of , Birmingham, AL 35242 I E S plat or map. This survey and drawing of the parcel described hereon, were made 2017. NOTES: (205) 945-6458 by individuals under my supervision, based on knowledge and information in H accordance with commonly accepted procedures consistent with applicable 1. The Purpose of this resurvey is for the dedication of storm sewer standards of practice and this survey and drawing have been completed in easements. No lot lines were changed by this resurvey. accordance with the current requirements of the Standards of Practice for Notary Public Surveying in the State of Alabama to the best of my knowledge, information, and My Commission Expires: 2. All roads shown on this plot are private and are not dedicated by this belief. Said Owner also certifies that they are the Owner of said lands and that plat. the same are not subject to any mortgage. 3. Building setback lines are as follows: REVISIONS: Front= 25 feet. WALTER SCHOEL ENGINEERING COMPANY, INC. BA APPROVED: DATE: LA MA Side= 10 feet. STER Vestavia Hills Planning & Zoning Commission Rear= 25 feet. A GI E E D R The area within all setbacks is subject to an easement for storm drainage.

J Joseph F. Breighner, Jr., Ala. License No. 17518 . APPROVED: DATE: 4. Unless otherwise noted, the storm sewer easements depicted on this plat are O No. 17518

S Vestavia Hills City Engineer provided for the future construction of these facilities, and the location of PROFESSIONAL ,J E the centerline of these facilities as constructed after the recording date of P LAND R LIBERTY PARK JOINT VENTURE, LLP S this plat will be the centerline of the easements shown hereon. Unless H U R E RVEYO A Limited Liability Partnership, Owner APPROVED: DATE: F. HN otherwise stated, the storm sewer easements shown shall be 15 feet wide lying BREIG Vestavia Hills City Clerk 7.5 feet on each side of the centerline.

5. Access to utilities for installation, maintenance and repair shall be By: Shawn Arterburn APPROVED: DATE: governed by private agreement between the owner and the utility company. Its Vice President of Development Jefferson County Department of Health 6. This property is not located within the 100 year flood area and is in Unshaded Zone "X" (areas determined to be out of 0.2% annual chance STATE OF ALABAMA APPROVED IN FORMAT ONLY: floodplain) as shown on the National Flood Insurance Programs "FIRM" Flood JEFFERSON COUNTY Insurance Rate Map of Jefferson County, Alabama, according to Panel 582 of 755, Map Number 01073C0582G dated September 29, 2006, as published by the FINAL PLAT I, Shelia Stephenson, as Notary Public in and for said County and State, do Federal Emergency Management Agency. hereby certify that Joseph F. Breighner, Jr., whose name is signed to the Director of Environmental Services Date Scale: 1" = 30' foregoing certificate as Surveyor, who is known to me, acknowledged before me, 7. Unless otherwise noted, all property corners shown are 5/8" rebar with a on this date that after having been duly informed of the contents of said Walter Schoel Engineering Company cap (CA#003). Graphic Scale certificate, he executed the same voluntarily as such Surveyor with full Environmental Services Department approval indicates that easements have been authority therefore. dedicated for future Jefferson County sanitary sewers however this does not mean DATE: JULY 2017 sanitary sewers have been built or will be built in the future. Any change in 0 30 50 75 100 150 GIVEN UNDER MY HAND AND OFFICIAL SEAL, this the day of , the Right-of-Way or Easement boundaries after this date may void this approval. DRAWN BY: WTM 2017. Environmental Services acknowledges that the mains serving this property are CHECKED BY: MWC owned by others. FIELD BOOK: #2866

STEPH A E FIELD CREW:JWW I N L Notary Public S FILE NAME: Resurvey of Lots 865-870 E O My Commission Expires: H OTARY N S N

8 G:/LIB/13/158/Survey/Final Plat/

S P T UBLIC A A M T A E B A OF AL 1 OF 1 CITY OF VESTAVIA HILLS SYNOPSIS AND STAFF RECOMMENDATION CONCERNING APPLICATION BEFORE THE PLANNING AND ZONING COMMISSION

Date: AUGUST 10, 2017

• CASE: P-0717-35

• REQUESTED ACTION: Rezoning From Vestavia Hills Inst-1 to Vestavia Hills B-2 The Purpose Of A Sports Medicine & Fitness Institute With A Conditional Use For Outdoor Recreation

• ADDRESS/LOCATION: 2221 & 2301 Old Columbiana Rd.

• APPLICANT/OWNER: Continental Equity Corporation & Russell W. Polhemus

• REPRESNTING AGENT: Randy Brooks

• GENERAL DISCUSSION: Property consists of Sports Medicine & Fitness Institute and adjacent ballfields. Both properties are being sold and the proposed rezoning will bring both properties into current compliance with zoning regulations. The only change planned by the purchaser is the installation of light on the ball fields. While the ball fields are permitted under the institutional zoning the applicant has requested rezoning to bring all properties under one zone. Conditional use approval is required for outdoor recreation in a B-2 zone. A photometric plan is attached showing no light spillage on adjacent properties. As-built surveys are attached. The applicants have also included a list of permitted B-2 uses that they have agreed to have stricken.

• VESTAVIA HILLS COMPREHENSIVE PLAN: The request is consistent with the Comprehensive Plan for Neighborhood (recreational areas).

• STAFF REVIEW AND RECOMMENDATION:

City Planner Recommendation: Rezoning conditioned on outdoor recreation only.

2. City Engineer Review: No problems noted.

3. City Fire Marshal Review: No problems notes.

4. Building Safety Review: I have reviewed the application and I have no issues with this request.

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