MINUTES OF MEETING
HOOVER PLANNING AND ZONING COMMISSION
Date:
Time:
Place:
Present:
January 12, 2015
5:30 PM
Hoover Municipal Center
Mr. Scott Underwood – Vice- Chairman
Mr. Carl West
Mr. Allen Pate
Mr. Joe Rives
Mr. Mark Schroeter
Mr. John Lyda
Mr. Kelly Bakane
Absent:
Mr. Mike Wood
Mr. Sammy Harris
Also Present: Mr. Rod Long, City Engineer
Mr. Chris Reeves, Assistant City Engineer
Mr. Don Reilly, Director, Building Inspections
Mr. Frank Brocato, Fire Marshal
Mr. Duke Moore, Assistant Fire Marshal
Mr. Bob House, House Consultants
Ms. Sharon Deep Nelson, Landscape Architect
Ms. Leslie Klasing, City Attorney Staff
1.
CALL TO ORDER
The meeting was called to order by Mr. Scott Underwood, Vice-Chairman. The secretary
had roll call at this time.
2.
Mr. Underwood asked Mr. Mark Schroeter to give the invocation.
3.
Mr. Underwood asked Mr. Bakane to lead in the Pledge of Allegiance.
4.
Mr. Underwood stated the members of the Commission had been given copies of the
minutes of the December 8, 2014, meeting and asked for a motion concerning these
minutes if there were no corrections or additions to be made. Mr. John Lyda made a
motion to approve the minutes as written. Mr. Joe Rives seconded the motion. On voice
vote the motion carried unanimously.
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5. REQUESTS FOR PRELIMINARY AND/OR FINAL MAP APPROVAL:
Mr. Underwood explained he was going to read over the subdivision cases and if anyone in the
audience had a question, he asked them to raise their hand and the case would be moved to
the end of the agenda for discussion. He also explained the Planning Commission members
had gone over the cases previously in the pre-meeting work session and would be voted on as a
block.
(a) S-0115-01 - Mr. David A. Rawson, Gonzalez-Strength & Associates, Inc., representing
Deer Valley Partners and Charles Diggs, is requesting Final Plat approval for Deer Valley
Partners Addition to Hoover, being a resurvey of Lot 2 according to the map of Ross
Bridge 150 Addition to Hoover.
Engineering Comments: Recommend approval.
APPROVED
Mr. Underwood asked who was present to represent this case. Mr. David Rawson,
Gonzalez-Strength & Associates, was present to represent the case. Mr. Underwood
asked if there were any questions from the Planning Commission members or audience.
There were none.
(b) S-0115-02- Jamie Cowden, USS Real Estate, is requesting Final Plat approval for The
Preserve XIII, a proposed 28 lot residential subdivision. The property is owned by USS
Real Estate and is zoned PUD PR-1 (Planned Single Family District).
Engineering Comments: Recommend approval contingent upon the applicant providing
a guarantee in the amount of $158,000.
APPROVED
Mr. Underwood asked who was present to represent this case. Mr. Andrew Phillips,
Walter Schoel Engineering Co., Inc., was present to represent this case. Mr. Underwood
asked if he was ok with the bond amount. He stated he was. Mr. Underwood then asked
if there were any questions from the Planning Commission members or audience. There
were none.
(c) S-0115-03 - Mr. Joel W. Mulkin is requesting Final Plat approval for Magnolia Grove Phase 1, (formerly The Grove Lot 7), a proposed 50 (fifty) lot subdivision located at 4800
Preserve Parkway. This property is owned by TDG Highpoint, LLC, and is zoned PUD PR1 (Planned Single Family District).
Engineering Comments: Recommend approval contingent upon the applicant providing
a guarantee in the amount of $123,200.
APPROVED
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Mr. Underwood asked who was present to represent this case. Mr. Joel Mulkin was
present to represent this case. Mr. Underwood asked if he was ok with the bond amount.
Mr. Mulkin stated he was. Mr. Underwood asked if there were any questions from the
Planning Commission members or audience. There were none.
Mr. Underwood asked for a motion for the three subdivision cases. Mr. John Lyda made
a motion to approve 5 (a), 5 (b), and 5 (c). Mr. Kelly Bakane seconded the motion. On
voice vote, the motion was approved unanimously.
6. C-0115-01 - Yezenia Ortiz, representing Murphy Oil USA, Inc., is requesting Conditional Use
approval for a proposed fueling station to be located on the property of the existing Wal-Mart
located at 5335 Hwy 280. The property is owned by Wal-Mart Real Estate Business Trust and is
zoned C-2 (Community Business District).
APPROVED WITH CONDITIONS
Mr. Underwood asked who was present to represent this case. Nobody was present at this
time. Mr. Underwood asked Mr. Bob House if he would like to speak about this case.
Mr. House answered he could not represent the applicant. He said the applicant’s
representative was aware of the meeting and was coming up from New Orleans or somewhere
in Louisiana so perhaps they were just running late.
Mr. House said he would like to state the only condition, as they had discussed in the premeeting work session, the conditional use plan met all the minimum conditions for landscaping
and setbacks and access through the property. Mr. House stated they did recommend two
conditions, one was that the exterior lighting shall be installed according to the photometric
site plan submitted by the applicant and that the canopy light fixtures shall be recessed. Mr.
House said he did know that there were some folks in the audience who had comments
regarding this case and he thought the chairman might want to give them opportunity to speak
even though the applicant had not arrived yet.
Mr. Underwood asked if those individuals would care to speak in response to this case.
Mr. Murphy McMillan of Baker, Donelson Law Firm, 420 20th Street North, Ste 1400,
Birmingham, AL, 35203, came to the podium to speak. He stated he was at the meeting on
behalf of Eli’s, Inc. He stated Eli’s Inc. owned the property on which Lloyd’s Restaurant was
located. He stated when the property was originally developed and Wal-Mart bought its’
property from Eli’s Inc., when it was originally developed, the parties entered into an
agreement for easements, covenants, and restrictions or what Wal-Mart refers to as an ECR.
Mr. McMillan stated that agreement provided that Eli’s Inc. must give written approval to any
changes in the site plan. So, effectively, any construction or any development that goes on the
Wal-Mart property would require written approval from Eli’s Inc. Mr. McMillan stated that
approval had not been given yet. Mr. McMillan stated he wanted to make the Planning
Commission aware of this and if there was any approval today, would like to make sure that
that approval was conditioned upon the ultimate written agreement of Eli’s Inc. to what went
on the property.
Mr. Underwood thanked Mr. McMillan. Mr. Pate asked Mr. House if the Planning Commission
would typically act without a representative for the case being at the meeting.
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Mr. House answered no, they would not act on a case like this, if the applicant wasn’t present.
Mr. Pate made a motion to move the case to the end of the meeting to see if the applicant
showed up. Mr. Lyda seconded the motion.
At this time, Mr. David Ballard, raised his hand to see if he could say something. He came to
the podium to state that he owned the property adjacent at 5035 Meadowlark. He says he was
directly affected by the property and was completely unaware of this until he received his
notification in the mail last week. He stated he was unprepared to speak but his concern was
having a gas station right next to his property and felt it would devalue his property.
Mr. Underwood saw someone come in and asked if he was representing Murphy Oil USA, Inc.
Mr. Marcus Gillery, an engineer with Pan American Engineers, representing Murphy Oil,
stepped to the podium and stated he was sent to answer any questions anybody had on this
case. He stated he was not actually working on the project himself, but was sent to the
meeting for another engineer who had a conflict with meetings and asked him to step in to
represent this case.
Mr. Gillery stated he had a set of plans and was told the Planning Commission and staff had had
a chance to review them and knew what the plan was.
Mr. Gillery was asked by Mr. Scott Underwood to review the plan one more time with the
Planning Commission. Mr. Gillery stated that on the Wal-Mart entrance on Meadowlark Drive
coming in that entrance, they were proposing to install a Murphy Oil fueling station that would
have 5 pumps, a small building, and would have some landscaping. He stated that right now it
was all asphalt but they were going to demo the asphalt and come in with concrete. He stated
he did have some pictures of what the building was going to look like, as well as a schematic of
the landscaping, and passed those out to the Planning Commission members.
Mr. Gillery asked if there was anything in particular the Planning Commission members wanted
him to discuss. Mr. Underwood stated that one of the members in the audience had a question
about the lighting. Mr. Underwood stated they already had some conditions of approval
themselves, but asked Mr. Gillery to speak about the lighting.
Mr. Gillery said as far as he was aware right now, there was already some lighting. They would
be relocating some existing light poles. Mr. House stated the lighting plan indicated the light
poles would not exceed 20’ in height and that there would basically be no lumens projected off
the premises because he thought it was down to .1 and .2 as it got to the perimeter of the
property. Mr. House stated they required that of all service stations to make sure that the
lighting was somewhat contained within the property. Mr. House emphasized again that the
light poles would not exceed 20’ in height. Mr. House added that as they said before, the
lighting and the canopies must be recessed so that the lights would shine down and would not
shine laterally. Mr. Gillery thanked Mr. House for clarifying the lighting.
Mr. Gillery asked if there were any questions from the Planning Commission. Mr. Lyda asked
Mr. McMillan a question on the agreement he had referred to. Mr. Lyda asked if the
agreement was such that the City of Hoover was NOT a party to the agreement. Mr. Lyda
asked if that was correct. Mr. McMillan stated the City of Hoover was not a part of this
agreement and that the agreement was an agreement between private parties. The agreement
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parties were Eli’s Inc. and Wal-Mart. Mr. Lyda asked Mr. Ballard if he was a party to the
agreement. Mr. Ballard answered no, he wasn’t a party to the agreement, only an adjacent
property owner. Mr. Lyda thanked them for the information.
Mr. Underwood asked if there were any questions from the audience. Mr. Pate asked if there
was an area map showing Mr. Ballard’s piece of property. Mr. House said yes, he would get
one. Mr. House obtained a map and presented it to the Planning Commission members to look
at.
Mr. Underwood stated if there was no further discussion, he would ask for a motion. Mr. Pate
made a motion that the conditional use approval be granted subject to the conditions that Mr.
House covered regarding the lighting. Mr. Lyda seconded the motion. On voice vote, the
motion was approved unanimously.
7. C-0115-02 - Pastor Chris Peters, Cross Creek Church, is requesting Conditional Use
approval to construct their new church at 5225 Ross Bridge Parkway. This property is
owned by Mr. Charles Diggs and Deer Valley Partners, LLC. The property is zoned C-2
(Community Business District) and C-P (Preferred Commercial Office District).
Mr. Underwood asked who was present to represent this case. Mr. Brian Harris, GonzalezStrength & Associates, Inc., was present to represent this case. Mr. Harris stated that he was
here to represent Cross Creek Church. He said if they recalled, they were before the Planning
Commission last November and received Conditional Use approval for their 9.35 acre purchase.
Mr. Harris stated in the meantime, the church had been performing due diligence on the
property and had discovered some issues which created a need to purchase 1.978 acres
additional property from the sellers. Mr. Harris stated they were here at this meeting simply
asking for the Conditional Use to be added or increased to include the additional purchase by
the church.
Mr. Underwood asked if there were any questions by the Planning Commission members.
There were none. Mr. Underwood asked Mr. House if he had any comments. Mr. House said
they had discussed with the applicant the three conditions of approval which are:
(1) The exterior light fixtures shall not exceed twenty-four (24) feet in height, shall be
designed to cast light down upon the premises and shall emit zero (0) foot candles or
lumens off the premises.
(2) A sidewalk be constructed along the drive to Ross Bridge Parkway.
(3) The driveway connecting the church to Highway 150 shall be completed prior to
occupancy of the building (church).
Mr. Underwood asked Mr. Harris if he was familiar with and agreed to these conditions. Mr.
Harris answered he was familiar with and was fine with these conditions.
Mr. Underwood asked if there was any further discussion from the Planning Commission
members or from the audience.
There being none, Mr. Underwood asked for a motion. Mr. Rives made a motion to approve.
Mr. Bakane seconded the motion. On voice vote, the motion was approved.
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With no further business, the meeting was adjourned.
______________________________
Vanessa Bradstreet
Zoning Assistant
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