Algood City Council sent a controversial Phillips Cemetery Road rezoning request back to the Planning Commission Tuesday night.
That followed concerns raised by a number of nearby residents and questions about the city’s rezoning process. Algood City Council Member Bryan Payne made the motion to stop the proposed rezoning of 2.3 acres at 2941 Phillips Cemetery Road near Highway 111.
“When I was in that Planning Commission, there were no citizens there to speak in opposition,” Payne said. “And clearly what we heard tonight, there are people who have concerns that I think those should have been expressed at the Planning Commission.”
Payne said the city initially placed public notification signs for the rezoning in the wrong location. He said the mistake raised concerns about whether residents had a proper opportunity to participate earlier in the process.
“Because I’m, I come from an Army background, so I am a stickler for process,” Payne said. “So to me, we are not a hundred percent right now on the process for this. And I think a decision that’s this big, it impacts so many people, like the process needs to be a hundred percent right. So therefore, I make a motion to move this back to the Planning Commission for additional review.”
The proposal would change the property from CA General Commercial to I-1 Light Industrial. Resident Barbara Carter said more than 100 people had signed a petition opposing the change. Residents raised concerns Tuesday about traffic, noise, property values and the types of businesses that could eventually locate on the property.
The property is owned by Church on the Hill, which is seeking to sell the land. Pastor Justin Downey said the proposed rezoning would allow the property to more closely match other uses in the area. Proposed developer Michael Bartlett said the current plan calls for a business park intended primarily for small trade businesses.
Discussion revealed the proposed buildings themselves could be constructed under the property’s existing commercial zoning. The difference centers on what businesses could operate from the buildings. Council members were told the city could instead consider modifying its CA General Commercial zoning to allow certain additional uses without opening the property to all uses permitted under light industrial zoning.
Payne said he had originally understood the rezoning request to be related to setback requirements but only recently learned it involved expanding the types of businesses that could operate on the property.
“My expectation, like coming from the Planning Commission, what I’m looking for is a very clear explanation of why it should be rezoned,” Payne said. “And two, if the Planning Commission is sitting next to us to support it, why specifically they support it.”
Council members also discussed adding conditional uses to the existing commercial zoning as an alternative. That could allow additional business uses while giving the city greater control over what could operate on the property.
The Planning Commission can now reconsider the request, including the concerns raised by residents and possible alternatives to I-1 zoning, before making another recommendation to the council. The council would still have the final say on any zoning change.
Payne, Councilmen Roger Williams and Dan Taylor voted to send the request back to the Planning Commission. Mayor Tiffany Anton and Vice Mayor Luke Hill voted against the motion.
