Updated 3-17-20 8:02 p.m.
CULLMAN, Ala. – In a packed agenda Monday evening, the Cullman City Council voted to approve a new zoning ordinance that has been in the works since the fall of 2018, using the services of architecture and urban planning firm KPS Group and its Principal Planner Jason Fondren.
When the plan to update the zoning ordinance was first introduced, Fondren told The Tribune, “We’re updating the subdivision regulations and the zoning ordinance for the city. They’re getting older. The times have changed, outside of just, you know, city business; the way development happens, the types of businesses that get developed, the way neighborhoods are designed are not exactly the same as they used to be. You have to take a fresh look at your regulations, to see how they need to be changed to accommodate new ways of doing things, while at the same time making sure that those new ways of doing things are consistent with community standards.”
Fondren likened the regulations to a computer operating system that may be fine when it comes out but has to receive periodic updating patches to address one issue or another, until the system reaches a point that it becomes more logical to develop a new system rather than continuing patchwork fixes.
“Yhat’s really what we’re doing,” said Fondren, “is we’ve got two sets of regulations that there have been little tweaks and patches that have been made over time, and there have been city policies and standards and ordinances that have been adopted and put in place outside of that, but have a connection to the subdivision regulations and the zoning ordinance that put us in a place where it’s necessary to just start back at the beginning and build that new operating system.
“We’re not throwing away all of the old stuff. We’re taking all of that stuff that still works, and that’s going to be the foundation for the new sets of regulations. But the patches are going to be integral pieces instead of band aids.”
According to Fondren, the new ordinance contains the following changes from earlier ordinances.
Changes to comply with other laws and court decisions
- Permit group homes by right in residential districts that allow multifamily
- Treat modular homes the same as site-built homes
- Treat churches and all other places of worship/assembly the same
- Regulate housing by physical form and density, not form of ownership
- Permit tattoo parlors permitted by right in B-3, rather than “conditional use”
Overall
- Add regulations for telecommunications towers, consistent with what is allowed by FCC
- Update Home Occupation standards to limit hours of visitation and delivery and noise level
Residential Districts
- Allow “accessory dwellings” in some residential districts with size and compatibility requirements
- Remove ability to develop high density housing in R-1 and R-2 through planned unit development
- Limit size of institutional uses allowed in Residential Districts
- Create allowance for keeping of bees and chickens
- Establish regulations for Short Term Rentals (i.e. Airbnb)
Nonresidential Districts
- Limit size of future retail and restaurants in B-1 Neighborhood District
- Permit more standard business uses (banks, offices, medical clinics, etc.) by right in business districts
- Prevent concentration of payday loan, check cashing and similar “alternative financial services”
- Require institutions too large/intensive for Residential Districts to rezone into proposed Institutional District
Special Districts
- Increase minimum acreage for AG-1 to 5 acres but exempt existing lots
- Add Traditional Neighborhood Development (TND) District
- Add Planned Unit Development (PUD) District, to replace PUD allowances in Residential Districts
- New TND and PUD developments subject to minimum acreage, master plan and re-zoning approval from Planning Commission and City Council
Parking Requirements
- Including more use-specific requirements; make allowances for shared, mixed-use parking
- Add specific loading area requirements
Landscaping Requirements
- Require buffers based on uses involved rather than zoning districts
- Require screening of dumpsters, outdoor storage and work yards
Administrative Provisions
- Enable Board of Adjustment to impose conditions on variances
- Specify review criteria and enable Board of Adjustments to impose conditions on Special Exceptions
- Strengthen Conditional Use criteria for Planning Commission
The ordinance is available for review online at http://cullmanal.gov/wp-content/uploads/2020/02/ph1-03022020.pdf.
State of emergency declared
The council voted to adopt a declaration of emergency similar to that adopted by the Cullman County Commission earlier in the day. The declaration reads:
WHEREAS, Pandemic Emergency COVID-19 constitutes a serious hazard to lives in the City of Cullman; and
WHEREAS, there is an existing and increasing possibility of the occurrence of Pandemic emergency having an effect and the City of Cullman is under eminent danger of loss of life due to COVID-19 (Coronavirus); and
WHEREAS, Governor Kay Ivey has issued an Executive Order declaring a state of emergency in the State of Alabama; and
WHEREAS, all of the above could adversely affect the health, safety, and economy of the people of the City;
WHEREAS, ALA CODE§31-9-10 (1975) provides the power and authority for a political subdivision such as the City of Cullman to declare a state of local emergency and to waive the procedures and formalities otherwise required of a political subdivision by law, including but not limited to:
- Performance of public work and taking whatever prudent action is necessary to ensure the health, safety, and welfare of the community;
- Entering into contracts;
- Incurring obligations;
- Employment of temporary workers;
- Utilization of volunteer workers;
- Rental equipment;
- Acquisition and distribution, with or without compensation, of supplies, materials, and facilities;
- Appropriation of expenditure of public funds.
NOW, THEREFORE, BE IT RESOLVED this 16th day of March, 2020, that the COVID-19 (Coronavirus) poses a serious threat to the lives of residents of the City of Cullman, Alabama, and that a State of Local Emergency has been declared, effective 7:00 p.m., on this date for the City of Cullman, Alabama.
After the commission’s passage of a declaration Monday morning, readers began expressing concern that the above section g (in both documents) granted the local government the authority to confiscate private property from citizens. After the council meeting, City Attorney Roy Williams assured The Tribune that the “with or without compensation” phrase applies to the distribution of goods, not their acquisition.
Zac Wood named new parks and recreation director
The council named Zachary “Zac” Wood as the new executive director of Cullman Parks, Recreation and Sports Tourism.
After the meeting, Wood said, “(I’ll) hit the ground running, obviously. With all of the pandemic situation going on, it’s added another layer to this job, effective immediately,” adding later in the conversation, “We’re just going to monitor the situation for the next couple of weeks on that and, really, it’s how I’m going to start my day tomorrow as the first official day on the job. Uncharted times for everybody, so we’re going to do the best we can.”
Flood damage prevention ordinance
The council approved an ordinance to “to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:
(1) require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
(2) restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion hazards, or which increase flood heights, velocities, or erosion;
(3) control filling, grading, dredging and other development which may increase flood damage or erosion;
(4) prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands; and
(5) control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of flood waters.”
The stated goals of the ordinance began with the protection of life and health, but included minimizing the economic impact of flood events, lessening the need for emergency response in flood events and making potential property buyers aware of the condition of the property.
Arts District tabled
The council had a scheduled second reading during which it could have voted on an ordinance to create an arts district on Cullman’s west side and anchored on Art Park on Main Avenue Northwest, but the matter was tabled until the next meeting in April.
The proposed district would include portions of Fifth Avenue Southwest, Sixth Street Southwest, Fourth Street Southwest, Hickory Avenue Southwest, First Street Southwest and Third Avenue Southwest.
City Clerk Wesley Moore previously explained that the arts district “is more like a special events district. It’s a place where you can have festivals, community events- things that support local art and are family-friendly.”
Alcohol could be served at special events within the district, but the same rules would apply as with events held in locations like the Warehouse District during Oktoberfest. At all other times, regular city alcohol ordinances would apply.
Other council business
The council voted by suspended rule to approve on first reading a third Supplemental Water Supply Agreement with the Utilities Board for the issuance of a $6,010,000 Water Revenue Bond, along with multiple property annexations.
During the public comment section, the council heard again from Elizabeth McDowell, who opposes the new city RV park currently under construction. She called for a suspension of construction and an Alabama Ethics Commission investigation into the process by which the project came to be.
The Cullman City Council meets on the second and fourth Monday nights of each month at 7 p.m. in the city hall auditorium. The public is invited to attend.
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