MINUTES OF MEETING HOOVER PLANNING AND ZONING COMMISSION

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1 MINUTES OF MEETING HOOVER PLANNING AND ZONING COMMISSION Date: Time: 5:30 PM Place: Hoover Municipal Center Present: Mr. Mike Wood, Chairman Mr. Ron Harris Ms. Mari Morrison Mr. Kelly Bakane Mr. Allen Pate Mr. Sammy Harris Absent: Mr. Bunny Sansom Mr. Scott Underwood Mr. Matthew Lemak Also Present: Mr. Rod Long, City Engineer Mr. Chris Reeves, Assistant City Engineer Ms. Sharon Deep Nelson, Landscape Architect Mr. Frank Brocato, Fire Marshal Mr. Richard Johnson, Director, Building Inspections Mr. Bob House, House Consultants 1. CALL TO ORDER The meeting was called to order by Mr. Wood and the secretary had roll call at this time. 2. Mr. Wood asked Mr. Sammy Harris to give the invocation. 3. Mr. Wood asked Mr. Bakane to lead in the Pledge of Allegiance. 4. Mr. Wood stated the members of the Commission had been given copies of the minutes of the May 14, 2012, regular meeting and asked for a motion concerning these minutes if there were no corrections or additions to be made. Mr. Bakane made a motion to approve the minutes as written. Mr. Ron Harris seconded the motion. On voice vote the motion carried unanimously. 5. REQUESTS FOR PRELIMINARY AND/OR FINAL MAP APPROVAL: Mr. Wood explained to the audience that he was going to read through the subdivision cases and if anyone had an interest in any of the cases, if they would raise their hand, that case would be moved to the end of the agenda for discussion. Mr. Wood explained the Planning Commission had had ample time to study and review the cases and satisfy themselves with any questions they had during the work session, therefore the cases would be voted on as a block; however he emphasized again if anybody had a question, to please raise their hand and they would get the opportunity to address their concern.

2 Page 2 (a) Project # Parcel ID# S Tyler Davis, Daniel Ross Bridge, LLC, is requesting Preliminary Map approval for Ross Bridge Subdivision - Sector "I", a proposed 20 lot subdivision. The owner of the property is USS Real Estate and it is zoned PUD PR-1 (Planned Single Family). Engineer Comments: Recommend approval. Fire Marshal's Comments: 1. Install fire hydrants at Lots I-13 and I Developer to pay installation and 3 years rental. Mr. Jeff Boyd was present to represent this case. Mr. Wood asked Mr. Boyd if he was familiar with and was ok with the Fire Marshal comments. Mr. Boyd said he was fine with them. Mr. Wood asked if there were any comments on this case. There were none. (b) Project # Parcel ID# S Jackie Davis, Jackie Davis, Inc., is requesting Final Map approval for Resurvey Lot 929, Greystone Legacy, 9th Sector, with a partial vacation of storm and sewer easement. The property is owned by Christopher M. and Jennifer R. Salmon and is zoned PUD PR-1 (Planned Single Family District). Engineer Comments: Recommend approval subj. to receipt of sewer letter Ms. Jackie Davis, Jackie Davis, Inc., was present to represent this case. Mr. Wood asked Ms. Davis if she was ok with the sewer letter. She replied she was fine with it. Mr. Wood asked if anyone had any questions. There were none. Mr. Wood asked for a motion. Mr. Bakane made a motion to approve cases (a) and (b). Mr. Ron Harris seconded the motion. On voice vote, the motion carried unanimously. 6. Project # Parcel ID# C Stan Bussey, representing a2 Church, is requesting a Conditional Use to allow the operation of a church on a acre site located at 10 Greenhill Parkway off Hwy 280. This property is owned by The Sheffield Group and is zoned C-2 (Community Business District).

3 Page 3 Mr. Stan Bussey, 1012 Riverchase Cove, Hoover, AL, was present to represent this case. Mr. Bussey stated he was representing a2 Church that wanted to relocate from Vestavia out to the Hwy 280 area because so many of the members of this congregation lived out there and the members felt like this would be a great growth area for them. Mr. Bussey stated they proposed to ask for conditional use approval to allow them use of this property for a church. Mr. Bussey stated they were proposing to start with a three (3) year lease and their intention was to purchase all the property at the end of that time period if everything went well. Mr. Wood asked if there were any questions from the Planning Commission. There were none. Mr. Wood asked if there were any questions from the audience. Mr. Clay Bailey, 4902 Reynolds Lane, stated he had a piece of property about 175 feet from where the church property began. He stated currently it was just a vacant lot, but he said he didn't know how a church would effect him necessarily since he was right next door. He stated he didn't have any idea what the property would be in the future and was not located in the City of Hoover. He stated this property was unincorporated Shelby County, and he did not want to violate any of Hoover's laws regarding being located next to a church. He stated being just 175 feet from that location, he didn't know if having a night club or possibly a restaurant selling beer would effect him. Mr. Wood stated he would let Mr. House, planning consultant, address this issue. Mr. House stated the City of Hoover did not have any regulations with regard to the sale of alcohol in proximity to churches. He stated if he was in the City of Hoover, which he was not, he would have to apply for a conditional use, so he would have to have a hearing to determine if it was appropriate to place something like that there. Mr. House stated he did not know how Shelby County regulated it. He asked Mr. Bailey if he knew what his property was currently zoned. Mr. Bailey stated that currently Shelby County did not have any problem with alcohol sales, there in proximity to a church. He stated he had only been told this verbally, not in writing. Mr. Bailey stated he just wanted to make sure that whatever we were discussing today would not effect him and if he could get something in writing saying it was not a problem, he would appreciate it. Mr. House stated that if he was in the county and the county had told him that it was not a problem, that would be the jurisdiction he would be dealing with. Mr. House told him the City of Hoover would not have any jurisdiction over that. Mr. House said he would come under the Shelby County regulations and what the county zoning department told him would be the situation he would face as far as getting something in writing to confirm what he could and could not do with his property. Mr. Bailey asked if in the future he became a part of the City of Hoover, somehow, how would that work. Mr. House stated the City of Hoover did not have any distance regulations or requirements from a church in alcohol sales. Mr. House stated that the fact that Superior Grill was right there showed there wasn't a problem. Mr. Bailey stated he thought that was great and thanked the board. Mr. Wood asked if anybody else had any comments or questions. Mr. Pate stated he was curious

4 Page 4 about what the State of AL said about liquor sales near a church. Mr. Pate stated he knew the church could move in next door to liquor, but he wasn't sure Mr. Bailey didn't have a legitimate question about if he tried to do something on his property that the St of AL wouldn't prohibit it through the ABC Board. Mr. Pate stated he just didn't know the answer to this. Mr. Bailey stated he would really like to know. Mr. Bussey stated they would have to ask the higher authorities at the St of AL to find out about this because Superior Grill had been there several years now and they hadn't had a problem with it. Mr. Pate stated again there was nothing wrong with a church moving in next door to the liquor store, but it is the liquor store moving in next door to the church. Mr. Bussey said he understood. Mr. Bailey asked if the liquor store would be grandfathered in and if that was what Mr. Pate was saying. Mr. Pate stated that if it was already there, but in Mr. Bailey's case, he had a raw piece of property. Mr. House stated he would have the City Clerk's office research this issue. Mr. Wood asked if anybody else had any questions or comments. Mr. Wood asked Mr. Pate if he thought the Board should continue this case or were they ready to make a motion. Mr. Bailey stated he would love to have it verified. He stated he would love to have the church but didn't want it to effect him down the road. Mr. Wood emphasized to Mr. Bailey that the Planning Commission was a recommending body so this case would have to go on to City Council for their approval. Mr. Wood stated that if this board voted in favor of it, it would still give somebody the opportunity to check and verify the facts behind the question. Mr. Bakane made a motion to approve. Mr. Ron Harris seconded the motion. On voice vote, the votes were as follows: Mr. Wood, Mr. Bakane, Mr. Sammy Harris, Mr. Ron Harris, and Ms. Morrison voted aye. The motion carried. Mr. Wood stated again that Mr. Bailey would still have an opportunity to check on the facts before it went to City Council. Mr. Wood asked when this case would go to City Council. Mr. House stated it would go the 3rd Monday in July, (July 16, 2012). Mr. Wood advised Mr. Bailey to call the ABC Board and ask them what the law said in relationship to putting a liquor store close to a church. Mr. Bailey then asked if it was a problem. would they possibly give him some type of exclusion and still allow the church to be there. Mr. Pate advised him if it was a problem, he needed to come back and make the City Council aware of it on the date it was to be heard at the City Council meeting to see if they would give him some relief. 7. Project # Parcel ID# Z Kenneth Mishalanie is requesting to rezone property located at 2145 Tyler Road from C-P (Preferred Commercial Office District) to C-2 (Community Business District) for the purpose of opening an antique shop. The property is currently owned by Mr. Mishalanie and is zoned C-P (Preferred Commercial Office District). Mr. Kenneth Mishalanie and Ms. Jennifer Mishalanie, 2145 Tyler Road, home address: 2317 Woodcreek, were present to represent this case. Ms. Mishalanie stated they were

5 Page 5 requesting the rezoning of the location so that they could go from what it had been in the past which apparently had been an eyesore to everyone to a nice, neat antique shop so that they could have pretty things outside to bring in business for the city. Mr. Wood stated the staff had come up with some conditions for rezoning regarding this case. Mr. House stated he had sent these over to Ms. Mishalanie. He then read a list of the conditions: 1. Subject property should be brought into compliance with C-2 Community Business District regulations upon enlargement or expansion of an existing building on the premises, construction of a new building on the premises or a change in use that is not limited to indoor retail sales in the existing building. 2. The following restrictions shall apply to the subject property until such time as the subject property is brought into compliance with C-2 Community Business District regulations: (a) All business activity shall be conducted within the existing building, except that merchandise may be displayed on the front porch of the building. (b) Merchandise may be displayed in the rear yard of the building, provided that the merchandise is screened from view from off the premises by a privacy fence or vegetation. (c) Off-street parking and associated landscaping shall be installed in compliance with the approved site plan prior to operation of a retail business. Mr. Wood asked Mr. and Mrs. Mishalanie if they were aware of and agreed to these conditions. They both answered they were aware of and did agree with the conditions. Mr. Wood asked if the Board members had any questions regarding this case. Mr. Sammy Harris asked Mr. House if five (5) parking spaces were enough for this building. Mr. House answered yes, that was sufficient. Mr. Wood asked if anyone in the audience had any questions. Mr. Kenneth Hardin, owner of Bluff Park Village Shopping Center at 2146 Tyler Road stepped to the podium and stated he was concerned about the parking. He asked if there were requirements for the five parking places to be paved and divided. Mr. House stated they would be required to pave and was on the site plan that was submitted with this application. Mr. House stated he had a copy of the site plan and could show it to him. He stated it showed the parking lot, (a formal parking lot in the front), with a defined driveway and landscaping between the parking lot and Tyler Road. Mr. Hardin said he thought this was definitely an improvement. He asked if they planned to leave the garage there. Mr. Mishalanie stated the current plan was to leave the garage as an existing structure for their cars. Mr. Hardin asked Mr. House to restate what he had said about merchandise on the front porch. Mr. House told him they may display merchandise on the front porch and in the rear yard if it was screened from off view by either a privacy fence or vegetation. Mr. Hardin stated that was all the questions he had. Mr. Wood asked if anyone else had any questions or comments. There were none. Mr. Wood

6 Page 6 asked for a motion. Mr. Kelly Bakane made a motion to approve. Mr. Ron Harris seconded the motion. On voice vote, the motion carried unanimously. With no further business, the meeting was adjourned. Vanessa C. Bradstreet Secretary, Planning Commission

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