[{"_1":2,"_111":-5,"_112":-5},"loaderData",{"_3":4,"_26":27},"root",{"_5":6,"_17":10,"_18":19,"_20":21,"_22":10,"_23":-5,"_24":-5,"_25":10},"user",{"_7":8,"_9":10,"_11":10,"_12":-5,"_13":-5,"_14":15,"_16":-5},"roles",[],"isAuthenticated",false,"isPremium","planName","subscriptionStatus","featureFlags",{},"insightsBudget","isDevelopmentHost","userPreferences",{},"recaptchaSiteKey","6LcvOJcUAAAAAHsB-gPGfGktcRlKpH7OTIU_dMTD","isImpersonating","impersonation","affiliateStatus","isFreedomPortal","routes/v2/article/layout",{"_28":29,"_30":31},"notFound",true,"relatedArticles",[32,75,87,99],{"_33":34,"_35":36,"_37":38,"_39":40,"_41":42,"_43":44,"_45":46,"_47":48,"_49":50,"_51":52,"_53":54,"_55":56,"_57":58,"_59":60,"_61":62,"_63":64,"_65":66,"_67":68,"_69":70,"_71":68,"_72":73,"_74":73},"mediaId",6183976,"mediaKeyId","5093002-4d7f50e2a4a2ae0d321e680101226766","parentId",5093002,"title","Planning commission recommends lifting 2003 use restriction on Ray Thornton property after debate","audioSeconds",919,"startMs",757000,"endMs",1676000,"viewUrl","/Search/View?dp=1&key=5093002-4d7f50e2a4a2ae0d321e680101226766&start=757&end=1676","thumbnailUrl","https://assets.pipeline.soar.com/5093002-4d7f50e2a4a2ae0d321e680101226766/thumbnail_757000.jpg","articleUrl","/articles/6183976/Montgomery-City/Montgomery-County/Alabama/Planning-commission-recommends-lifting-2003-use-restriction-on-Ray-Thornton-property-after-debate","mediaUrl","https://secure.pipeline.soar.com/6183976-364f23b56aeaad2ba9128de00fc2a2b3/orig.mp4?Expires=1770993417&Signature=heaiTW~YKTDYp1FDJSrklKP9-g5QreJzcZq6S~u-gRUYKP3vOktmPCHSPPb4Io6vewKc2ONk7A52zIfpGZqZropbSrDx9f6j7dwnx4g8Uqra6Q~8rVlVRnGrXRh44u8F9RAQ7GZefi9Sd3hnbKTpe9mH9ccbxn6Y72t9rzrMZksMPOFgp2lB1l-MwAvFeAE03RqtRUAsD88qkx~7u8DtkPYV1V0vMahLulaGW4QhSoRHosHccHoT4EHpgf4Q5CuXFSQ3sLp3DrpxJDD59cmpXSyebrIYw-5DXbCneIYSPmETO9asBUxo-C5w6wc8ldKA2q6qaPuY9hgIE2RktpBUuA__&Key-Pair-Id=KUT5TJCACFTXG","author","Montgomery City, AL","date","2025-06-27T10:59:58Z","article","The Montgomery City Planning Commission voted 7-2 to recommend lifting a use restriction placed on a B-3–zoned parcel at 1740 Ray Thornton Road, allowing the property to be used for any purpose permitted in B-3 zoning.

The change matters because the restriction — written when the parcel was rezoned in 2003 — limited the lot to a veterinary clinic or office use, and the current owners and their representatives said that limitation has made the site effectively unsellable. With the restriction removed, the owners said, conventional retail tenants are now possible.

Mark Davis of Ball Ball Matthews Novak, representing CH Vets/Carriage Hills Vet Clinic owners, described the property’s history and argued the restriction no longer matches market conditions. “If you don't lift these restrictions, you're basically saying it can only be used for these very limited purposes, which the market has told us nobody wants it for,” Davis said. He told commissioners the parcel was purchased in 2000, has changed hands among veterinarians, and has been on the market for seven to eight years with no takers for the limited uses.

Chandler Hunt of Berry Engineers briefly introduced the owners’ team; other representatives on the record included Dr. Van Hooser and Ann Allen Salter, identified as partners with the ownership group. Several proponents said retail at that location would serve the nearby ballpark and school and provide convenience for residents.

Karen Cochran, president of the Foxwood Homeowners Association, asked that the commission postpone action and hold a community meeting before a vote. “There hasn't been any community notice that I've been aware of,” Cochran said, and she said signage and notice at the site were difficult to see. She urged commissioners not to approve the request the same night without more community outreach.

Commissioners also heard that the planning department had placed an objection in the file because the parcel had conditions attached when rezoned previously; planning staff said the site does not appear to be environmentally constrained and that the department’s formal objection reflected uncertainty about historical restriction language, not a present environmental hazard.

After discussion, a motion to recommend lifting the restriction passed on a 7-2 vote. The commission recorded the tally as seven in favor and two opposed; the transcript does not record which individual commissioners cast the two opposing votes.

Next steps: the recommendation will go to the City Council (or other authorizing body) for final action on the ordinance amendment. The commission’s recommendation is advisory; any final change to Ordinance 13-2003 will be made through the city’s formal legislative process.

Details and context: the property is under or adjacent to the Carriage Hills area on Ray Thornton Road and was rezoned to B-3 in 2003 with the stated limitation. Attorneys and engineers for the owners said the site sits between a ballpark and a power substation and is not immediately adjacent to single‑family neighborhoods; opponents said the site sits near a school and nearby subdivisions and asked for more neighborhood outreach.

The applicants characterized the likely retail user in general terms as a convenience‑oriented store offering essential grocery items and short‑trip shopping; they did not identify a specific tenant during the hearing.

Speakers listed in the transcript for this agenda item indicated the commission considered community input and legal interpretations of the 2003 restriction before forwarding the recommendation.","mediaType","Video","parentTitle","MONTGOMERY PLANNING COMMISSION (June 26, 2025)","oneSentenceSummary","The Montgomery City Planning Commission voted 7-2 to recommend removing a 2003 use restriction on a B‑3 parcel at 1740 Ray Thornton Road, a change that would allow retail tenants the owners say are needed to sell the property.","taxTitle","Montgomery City, Montgomery County, Alabama","taxId",3930,"location","headline","","shortSummary",{"_33":76,"_35":36,"_37":38,"_39":77,"_41":78,"_43":79,"_45":80,"_47":81,"_49":82,"_51":83,"_53":84,"_55":56,"_57":58,"_59":85,"_61":62,"_63":64,"_65":86,"_67":68,"_69":70,"_71":68,"_72":73,"_74":73},6183961,"Commission approves rezoning request for 75‑acre US‑80 West parcel to enable marketing and development",128,624000,752000,"/Search/View?dp=1&key=5093002-4d7f50e2a4a2ae0d321e680101226766&start=624&end=752","https://assets.pipeline.soar.com/5093002-4d7f50e2a4a2ae0d321e680101226766/thumbnail_624000.jpg","/articles/6183961/Montgomery-City/Montgomery-County/Alabama/Commission-approves-rezoning-request-for-75acre-US80-West-parcel-to-enable-marketing-and-development","https://secure.pipeline.soar.com/6183961-07460dcd35de0a4a60904302c98526ad/orig.mp4?Expires=1770993417&Signature=QCWWv-nkPaEb1psBekWAFmY5bSnNyxmHeXrUX~FCEKvGW4Fc1zZAsbtTWL2OMM-zhfHpkmnkel3xBNvzViwsAksnO-vpqJh0n~kPHdo4tcK1Dr15RNjqQVEzejlY5NLqapi5E2jAjfSPbY1FjqeHgWa16lDL~F01o9VoEFppEjC0mbr99zWy5995rfZRuXYzyoJD86odcTMDUh~GmX7iuzGayzwZ9Y1jLKf3GyQvopnyhXG-UCBRRDwOOhbYX9OTMpm0NGZ~jw-4sSqDt4LYdgwpzh-c8nIQN66fSJ7xX~i2xWOCFp83lT~bQ9C2hi1OI2XPYCx1gNQM-I86QKSjsA__&Key-Pair-Id=KUT5TJCACFTXG","The Montgomery City Planning Commission approved a rezoning request for 75 acres of vacant land on U.S. 80 West to allow the owners to market the property for development, the commission heard.

Gunther Jeffcoat of Jeffcoat Engineers and Surveyors represented John Simmons Jr., asking the commission to rezone the parcel. Jeffcoat said utilities needed for development are available except sewage and described the site as well‑drained and in a favorable location. “We were asked for your approval of a rezoning request on 75 acres of vacant land on US 80 West, and all of the utilities needed except sewage are available. It's a good well drained piece of land in a great location,” Jeffcoat said.

A planning department staff member confirmed that the city’s comprehensive plan had identified the location as a potential open‑space area but that the site did not show environmental constraints such as wetlands or floodplain that would prevent rezoning. The staff statement in the transcript said, in part, “No conflict ... this location is not does not have any issues where there is, anything that's environmentally sensitive or, in a wetland or flood area.”

Commissioners asked if there were questions from the public; none were recorded in the excerpt. A motion to approve the rezoning was made and the item was approved (the transcript indicates the motion passed with vocal consent during the meeting segment provided).

Next steps: With the planning commission’s approval, the rezoning recommendation will be forwarded as required by local procedures for final adoption, and the owners may proceed with marketing and later site planning, including extending sewer service if required by future development plans.

Speakers on the record included Gunther Jeffcoat (consulting engineer for the applicant), John Simmons Jr. (owner, present), and planning staff.","Representatives for John Simmons Jr. received the planning commission’s approval to rezone 75 acres along US‑80 West after staff indicated no environmental constraints; presenters said utilities (except sewer) are available and the owners plan to market the property for future development.",{"_33":88,"_35":36,"_37":38,"_39":89,"_41":90,"_43":91,"_45":92,"_47":93,"_49":94,"_51":95,"_53":96,"_55":56,"_57":58,"_59":97,"_61":62,"_63":64,"_65":98,"_67":68,"_69":70,"_71":68,"_72":73,"_74":73},6183969,"Developer presents Dollar General plan near Maxwell AFB; commission holds public hearing on drainage and access",87,444000,531000,"/Search/View?dp=1&key=5093002-4d7f50e2a4a2ae0d321e680101226766&start=444&end=531","https://assets.pipeline.soar.com/5093002-4d7f50e2a4a2ae0d321e680101226766/thumbnail_444000.jpg","/articles/6183969/Montgomery-City/Montgomery-County/Alabama/Developer-presents-Dollar-General-plan-near-Maxwell-AFB-commission-holds-public-hearing-on-drainage-and-access","https://secure.pipeline.soar.com/6183969-0f51b7e605dfa9b86c5ce6dce3ebd675/orig.mp4?Expires=1770993417&Signature=JQ7IwbvMCEgRciqhnHxK85llUgx5EHp9sOPq13x3G87cCb2aoDslb02NC3llfT04GPSg9G9XVDo8HV~qFyrjD9Uw9ph1C0ei4XtLltDX-Vv~IO-BS16oHxpkEFlSpd~EmSD~Q93dHyPxKLUk9uFNBFkm0uonfviezFsRitY~0XOcjL9CpW7geX0buKb9BOHRUKcWQipTHvxPyJsySX8fiOHu5e6NS52tcy62BRHOfwWWlEkPzB2D5T6LulljnSs2L28neFBg4EdZYo8OOMJrA4YAc3ImHqnx4CYnXNCJ6VatZj4OcVaKvT8DmkWbqu7ZZlpymDR6TXpkzG2Gd65zZA__&Key-Pair-Id=KUT5TJCACFTXG","Broadway Group LLC presented plans for a 10,640‑square‑foot Dollar General at 3806 Day Street near Maxwell Air Force Base during a public hearing before the Montgomery City Planning Commission.

The applicant said the site currently is about five acres of concrete and asphalt and that developing 1.44 acres in the front for the store will allow removal of roughly an acre of pavement to improve drainage. The representative described plans for 35 parking spaces, required landscaping and shielded exterior lighting that would switch off an hour after closing.

“We’ll be removing about an acre of asphalt to improve the drainage in that area,” the applicant said, and added that one of the existing two access points will be closed to help reduce water accumulation at a low point on the parcel. The applicant said the development would use shielded lighting and landscaping to improve the property’s appearance.

Commissioners asked about site details and the applicant answered questions about drainage, access consolidation and aesthetic upgrades. The transcript shows the item was a public hearing and that the commissioners closed the hearing; the transcript does not record a final approval vote within the provided excerpt.

Permitting steps and engineering approvals — including compliance with city drainage and access standards — will be required if the applicant returns for final plan approval. The applicant said they purchased the property through foreclosure and are developing the front portion of the lot for the proposed store.

Speakers on the record included a representative of Broadway Group LLC (name not stated in the transcript excerpt), and planning commission staff who ran the public hearing.

The commission’s public record for this item includes the conceptual plan details presented at the hearing; subsequent staff review and technical approvals would determine whether the project meets city standards before any building permit is issued.","Broadway Group LLC sought approval for a 10,640‑square‑foot Dollar General at 3806 Day Street. The applicant said the plan removes about an acre of asphalt to improve drainage, consolidates access points, and provides 35 parking stalls; the item was a public hearing and no final decision is recorded in the transcript.",{"_33":100,"_35":36,"_37":38,"_39":101,"_41":102,"_43":103,"_45":104,"_47":105,"_49":106,"_51":107,"_53":108,"_55":56,"_57":58,"_59":109,"_61":62,"_63":64,"_65":110,"_67":68,"_69":70,"_71":68,"_72":73,"_74":73},6183972,"Commission fails to advance rezoning request for Larkin Lane property after neighborhood opposition",1364,1889000,3253000,"/Search/View?dp=1&key=5093002-4d7f50e2a4a2ae0d321e680101226766&start=1889&end=3253","https://assets.pipeline.soar.com/5093002-4d7f50e2a4a2ae0d321e680101226766/thumbnail_1889000.jpg","/articles/6183972/Montgomery-City/Montgomery-County/Alabama/Commission-fails-to-advance-rezoning-request-for-Larkin-Lane-property-after-neighborhood-opposition","https://secure.pipeline.soar.com/6183972-fbca88c722809f1ccb7e0ca90580041f/orig.mp4?Expires=1770993417&Signature=TixVza49n28Buiufij9h-ZFRCp4EjCeAqPsHA4xipfasBhBaZVHkRqGHZ740vWK5dNHhsP8r9cbdMvULciOcrhIbUxqVGJAkBEYux2ttdjiDXrNQS2NvXjYdX5XVK8XVfabTVkptacpW3xVqUVLMVYR~EnzuWWZas~7SVV9YN~y9jMK5lYp~~Ot6QtO5nh32QbHdQnDs9H5r~lwhfVjvMBHjEIq3nCmNqYrsiYdvkJalsQmsj1NLP880Nj~MPQJQ-x0wRklQtc6-gU3xyX76fdPwA0jOAL7vypfZnPvg8IUyzO5AXQrKzxF8SasEsEgxaYZkY0kIVz1o7ACy8h72NA__&Key-Pair-Id=KUT5TJCACFTXG","A rezoning request to change about 10.65 acres at the southern end of Larkin Lane from R-60 to R-50 did not move forward after the Montgomery City Planning Commission lacked a second on a motion to approve.

The applicant, represented by Chris Bostic of Pilgrim and Bostic Engineering on behalf of FHM Company LLLP, said the request responds to a prior denial of a different lot configuration and that matching R-50 with adjacent Eliza Place would be consistent with nearby development. “We were turned down because of potential depression of property values if we built these smaller lots next to the R‑50 lots on Eliza Place to the north,” Bostic said, and added that he had sought a second community meeting but was told there was no interest.

Residents and neighborhood leaders urged commissioners to retain larger lots. Keith Anderson, president of the Bellhurst Homeowners Association, recommended keeping R-60 zoning to preserve lot sizes and limit traffic, saying the change would increase the number of cars using Larkin Lane and affect about 55 homes near the intersection. Richard Dean, speaking for neighbors, reviewed historical rezoning in the area and said most surrounding lots were R-75 or larger; he later urged the commission to keep the current R-60 classification.

Royal Dumas, representing FHM, said a traffic study and hydrology review would be required at the planning stage and that legal arguments about inverse condemnation were not a valid reason to deny the rezoning. “We’ve researched that. That is simply not the case,” Dumas said, replying to neighbor concerns.

Commissioners debated whether neighborhood opposition constitutes a valid legal objection; planning staff explained public sentiment may be considered but cannot alone be a formal statutory basis to deny an application when the proposed zoning is in character with surrounding development.

A motion to approve the rezoning was made, but no commissioner seconded the motion and the motion failed. The transcript records one attempt to move to approve, a later motion to approve that failed for lack of a second, and discussion of alternate options including R-60 (with or without multifamily allowance) as a compromise. There was no formal vote recorded to disapprove at that meeting; the item did not advance.

Next steps: The applicant may withdraw the request, return with revised proposals, or await a future meeting; if the applicant pursues the rezoning again, required engineering studies (traffic, hydrology) and community outreach are likely to be part of the record before any vote.

Speakers included the applicant’s engineer, multiple neighborhood association officers and residents, and planning staff who explained procedural and legal limits on objections.","A request to rezone 10.65 acres at the southern end of Larkin Lane from R-60 to R-50 did not progress after commissioners failed to second a motion; proponents said the change would allow single‑family lots consistent with nearby R‑50 property, while neighbors cited traffic, lot‑size and property‑value concerns.","actionData","errors"]

Article not found

Planning commission recommends lifting 2003 use restriction on Ray Thornton property after debate

Commission approves rezoning request for 75‑acre US‑80 West parcel to enable marketing and development

Developer presents Dollar General plan near Maxwell AFB; commission holds public hearing on drainage and access

Commission fails to advance rezoning request for Larkin Lane property after neighborhood opposition