Overton Road, Professional District zoning classification reviewed at council

In keeping with previous meetings, the Mountain Brook City Council discussed the Overton Road traffic study during the pre-meeting on Feb. 25 with Mike Kaczorowski of the Greater Birmingham Regional Planning Commission.

The study falls under an awarded $60,000 APPLE grant, which is an 80/20 federal match, and means the city would only be contracted for a total of $12,000, with $4,000 of that to be paid by Vestavia Hills.

“From the RPC’s perspective, we just ask y’all to spend the money wisely,” Kaczorowski said.

The proposed growth of Liberty Park, which includes a development of 1,200 homes, and the concern of increased traffic in and through that area, prompted the study. Richard Caudle, with Skipper Consulting, which the council chose as the consulting agency for the study, suggested the city look at what the impact of the Liberty Park development is going to be before talking about improvements to roads in that area.

“In fact, it could be to the point where it’s nothing but a planning study to say, ‘Here’s what your future is going to look like,’” Caudle said.

Kaczorowski said the planning for the scope of the study doesn’t all have to be completed up front either, so portions of the study could be completed and ideas could be re-evaluated as information becomes presentable. The council agreed the city would need to discuss the study further with Vestavia Hills to ensure all concerns and issues are addressed.

Council members then held a public hearing regarding amendments to Chapter X of the City Code during the regular meeting, although City Council President Virginia Smith noted at the start that they would not be voting on the proposed amendments, only discussing. The amendments deal with the classification of Professional District zoning.

According to the meeting’s packet, the revisions to Chapter X were prompted by a request to rezone the Knesseth Israel property on Overton Road from Residential A to Professional District. The proposal to rezone, which has been discussed at previous Planning Commission meetings, involves converting the existing facility to a professional office for physicians specializing in plastic surgery, but specifies it would not be a clinic, the packet said.

Dana Hazen, director of planning, building and sustainability, said the proposed changes to the Professional District would be to first eliminate two antiquated uses described in the district (assembling of frames and private schools teaching dance, music and other related disciplines). The second would be to make the district a conditional use district moving forward, much like for local businesses.

Businesses currently zoned for the Professional District would not be affected.

Resident Raheel Farough was the only individual to speak about the revisions at the council meeting, and he was against the changes, stating he believes the proposed amendment does not support the minimum requirements for zoning and the city should narrow the definition of professional office.

Under a conditional use restriction, Hazen said, the council is “afforded the opportunity to impose certain conditions” on businesses so they fit better in the community and their location, and it makes it so “no uses are automatically allowed” in the district.

Councilman Billy Pritchard said the extra review of conditional use is a good thing, but was concerned the amendment could inhibit owners with what they could do with their properties in the future.

The public hearing was then closed and no action was taken. It will be continued at a later date.

Also during the meeting, council members:

• Proclaimed March Colorectal Cancer Awareness and Certified Government Financial Manager Month.
• Approved the minutes of the Feb. 11 regular meeting.
• Held an executive session to discuss matters of real estate negotiations and potential litigation.
• Awarded the bid for the purchase of a radio-frequency identification (RFID) system for the Library.
• Passed an ordinance restricting left turns from Elm Street into the alley located between Elm Street and Main Street weekdays during specified hours.
• Approved the sale of a fire truck marked as surplus for $10,000 to the city of Blountsville.
• Approved an ordinance restricting left turns from Elm Street into the alley located between Elm Street and Main Street during specific weekday hours.
• Proposed a yield sign and stop bar at Camilla Circle and Montgomery Drive. This item was not approved, but City Manager Sam Gaston said he was going to notify surrounding affected residents.
• Briefly discussed the state motor fuel tax increase resolution. Council members opted to not take a position on the proposed resolution as it has not yet fully gone through Alabama Legislature.
• Approved the increase of the business license tax issue fee from $10 to $12, and the decrease of the minimum business license fee from $100 to $25.
• Agreed that, per recommendations from Skipper Consulting, the crosswalk on Beechwood Road should be moved to the intersection of Old Leeds Road due to limited sight distance at its current placement. Before approving the project completely, Caudle said he would talk about portions of the project that can be done in-house with Public Works, and Caudle suggested having a horticulturist looking at a “significant” tree at the intersection that could be affected by the addition of a sidewalk for the new crosswalk.
• Heard a draft of the annual financial and compliance audit for the city and the year, ended Sept. 30, 2018. Jason Harpe, with Carr, Riggs and Ingram LLC said the city has been an “unmodified opinion,” which he said is the most important finding and means the city’s financial statements are clean.

The next regular meeting will be March 11.

Editor's note: This article was updated at 8:13 a.m. on Feb. 26 to correct that there will be 1,200 new homes in Liberty Park, not 12,000.