Planning Commission Meeting April 13, 2021

MEMBERS: Jonathan Eady, Chair; Zach May, Vice Chair; Juanita Carson, Secretary; Mike Ready, Jeremy Baker, and Mike McQuaide.

STAFF: Matthew Pepper, City Manager and Zoning Administrator; Marcia Brooks, City Clerk; Scottie Croy, Assistant Public Works Supervisor.

GUESTS: Liesl McWhorter; Larry Houston; Art and Laurie Vinson; Robert Aiken; Drew Terrell.

OPENING: At 7:01 PM, Mr. Eady called the meeting to order and welcomed the guests. Mr. Eady informed the Commission that the agenda was amended to include consideration of a development permit application submitted by Mr. Robert Aiken.

MINUTES: Upon motion of Mr. McQuaide, seconded by Mr. Ready, the minutes for the meeting of February 9, 2021 were adopted as amended. The vote was 6-0.

JOSEPH BUDD DEVELOPMENT PERMIT APPLICATION (203 W. Clark Street): The Commission reviewed the development permit application to replace two complete HVAC systems at 203 W. Clark Street. The work was completed prior to the meeting. During the discussion, the Commission asked Mr. Pepper to confirm that the city’s building inspector had completed an inspection. In addition, the Commission amended the application to include the lot’s zoning designation (R-30).

Upon motion of Ms. Carson, seconded by Mr. Ready, the Planning Commission approved the development permit application to replace two complete HVAC systems at the dwelling located at 203 W. Clark Street. The vote was 6-0.

LARRY HOUSTON DEVELOPMENT PERMIT APPLICATION (108 Greene Street): The Commission reviewed the development permit application to install a 10’ x 16’ storage building on the property located at 108 Greene Street. During the discussion, the Commission confirmed that the proposed storage building met the side and rear setback requirements. In addition, Mr. Houston confirmed that the proposed storage building would be a white aluminum prefabricated structure.

Upon motion of Mr. McQuaide, seconded by Ms. Carson, the Planning Commission approved the development permit application to install a 10’ x 16’ storage building on the property located at 108 Greene Street. The vote was 6-0.

SCOTTIE CROY DEVELOPMENT PERMIT APPLICATION (1417-A Wesley Street): The Commission reviewed the development permit application to install a 10’ x 16’ storage building on the property located at 1417-A Wesley Street. As depicted on the site plan, the proposed storage building would be located behind the back edge of the existing house. In this location, it would be visible from the street. The Commission asked Mr. Croy if there was sufficient space behind the house to locate it. In response, Mr. Croy stated that he chose the location to avoid placing it near a sewer cleanout. The Commission recommended that the proposed storage building be located further west into the property so that it would appear subordinate to the existing house. Mr. Croy replied that he had sufficient space to move it and meet the rear setback requirement.

Upon motion of Mr. Ready, seconded by Ms. Carson, the Planning Commission approved the development permit application to install a 10’ x 16’ storage building on the property located at 1417-A Wesley Street. The vote was 6-0.

ART AND LAURIE VINSON DEVELOPMENT PERMIT APPLICATION (903 Asbury Street): The Commission reviewed the development permit application to grade a driveway to spread with permeable slate pieces and install curbing at 903 Asbury Street. During the discussion, Mr. Vinson explained that the pad behind the existing garage is composed of the same material. In addition, Mr. Vinson explained that they are still deciding on the exact material for the curbing. He added that the rock would most likely be 4” wide and 6-9” deep and set into the grading. The Commission confirmed that the permeable slate and the rock curbing meets the requirements outlined by the city’s zoning code.

Upon motion of Mr. McQuaide, seconded by Mr. Baker, the Planning Commission approved the development permit application to grade a driveway to spread with permeable slate pieces and install curbing at 903 Asbury Street. The vote was 6-0.

ROBERT AIKEN DEVELOPMENT PERMIT APPLICATION (115 Oxford North Road): The Commission reviewed the development permit application to replace an existing sunroom attached to the rear of the house at 115 Oxford North Road. During the discussion, the Commission confirmed that the proposed sunroom would be the same color as the existing sunroom. In addition, the Commission confirmed that the proposed sunroom met the side and rear setback requirements. The Commission also confirmed that the roofing would remain consistent with the existing shingle roofing on the house. The Commission also confirmed that the sunroom would have a fan, which would require an electrical permit, but not any plumbing or HVAC systems as part of the project.

Upon motion of Mr. Ready, seconded by Ms. Carson, the Planning Commission approved the development permit application to replace an existing sunroom attached to the rear of the house at 115 Oxford North Road. The vote was 6-0.

PROPOSAL FOR SIGNAGE FOR THE OXFORD FARMERS MARKET: The Commission reviewed the proposal submitted by Ms. Brooks for the use of temporary signage on select locations on the city-owned greenspace for the city’s farmers market. Ms. Brooks explained that the city is interested in installing temporary signage for the city’s Spring Festival, which is scheduled for April 29-30 and May 1. The city would use the temporary signage until permanent signage can be installed.

During the discussion, the Commission noted that the city’s sign ordinance begins in Sec. 40-945. In addition, the Commission confirmed the location of the four (4) temporary signs as depicted in the proposal. Ms. Brooks confirmed that the two (2) proposed flag signs go into the ground and stand vertically. As for the proposed hanging directional parking sign, the Commission recommended that the arrow be removed from it to clarify where visitors may park. Mr. Pepper will append a completed development permit application with the proposal.

Upon motion of Mr. May, seconded by Mr. Ready, the Planning Commission approved the development permit application for the use of temporary signage on the city-owned greenspace for the city’s farmers market. The vote was 6-0.

REZONING DISCUSSION: In November 2020, the Commission made a recommendation to City Council to rezone six (6) parcels located along E. Clark Street and Emory Street from Town Center to R-20 Residential. The Commission revisited their previous recommendation and considered whether to recommend rezoning an additional 18 parcels located along E. Clark Street and the east side of Emory Street. Currently, the 18 parcels are zoned R-7.5 Residential. R-7.5 allows for the highest density of residential development. Prior to the meeting, the Commission invited the affected property owners to join the discussion.

Mr. Eady explained that the Commission had previously observed that the R-7.5 designation was not consistent with the current use of the properties. Mr. Eady further explained that the parcels were assigned the R-7.5 designation by a prior Commission with the thought that several of them were underdeveloped from a full intensity of land use perspective. At that time, it was to contemplate the possibility of future additional development on these properties. Currently, the feeling of the community is to preserve the natural borders surrounding the Dried Indian Creek corridor. 

The Commission analyzed whether the current square footage of the existing dwellings and lot widths will conform with the R-20 zoning criteria. The Commission confirmed that 21 out of 25 of the affected parcels meet the R-20 size requirements and 18 out of 25 meet the R-20 dwelling requirements.

In addition, Commission reviewed Section 40-638(g) “criteria for amendments to official zoning maps” as they developed the recommendation to rezone the parcels from R-7.5 to R-20. During the review, the Commission determined the following:

• The proposed change is suitable and compatible with the use of adjacent and nearby properties which are single family homes.

=         The proposed change is not adverse but supportive of the existing use of subject properties and adjacent and nearby property. (The Commission noted that there are three (3) dwellings that are materially below the minimum square footage for R-20. In the event of the destruction of the existing dwellings, the homeowner would have a burden imposed during the reconstruction of the dwelling.)

• The property to be affected by the proposed change is being used as lower density single family residential which is its best economic use.

• The proposed change is to a zoning district with less dense potential uses; thus, the change would reduce the potential burden on public infrastructure.

• The proposed change would return the property to a less dense residential zoning district which is consistent with the uses of adjacent and nearby zoning districts on the east side of Emory Street.

• The proposed change to residential zoning would have less impact on the environment than a more intensive mixed-use.

• Preserving the less dense development along the Dried Indian Creek corridor is desirable.

Mr. Pepper will prepare the text for the Commission’s official recommendation to the Mayor and City Council. He will share it with the Commission prior to bringing it to the Mayor and City Council.

Upon motion of Mr. Ready, seconded by Mr. McQuaide, the Planning Commission recommended the rezoning of the identified 18 parcels from R-7.5 to R-20 based upon the Planning Commission’s findings during their review of Sec. 40-638(g). The vote was 6-0.

DISCUSSION ON AMENDMENTS TO CHAPTER 40: The Commission will continue their discussion on amendments to Chapter 40 during future meetings. Prior to the next meeting, Mr. Pepper and Mr. Eady will share with the Commission the final draft of the proposed amendments to Chapter 40. They will share their recommendations with the Mayor and Council.

OTHER BUSINESS: The Commission did not discuss any item related to other business.

ADJOURNMENT: Mr. Eady adjourned the meeting at 8:13 PM.

Submitted by:

Juanita Carson, Secretary