HomeMy WebLinkAbout11-02-2009 Planning Commission MinutesNovember 2, 2009
Planning Commission Minutes
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The Planning and Zoning Commission met Tuesday, November 2, 2009 at 5:00 PM at the
City Administration Building, 161 N. Section Street in the Council Chambers.
Present: Jean Wilson, Chairperson; Dick Charles, Vice-Chair; Bob Clark, Gary Moore,
Tim Kant, Lee Turner, Jennifer Fidler, Fran Slade, Lonnie Mixon. Jonathan Smith,
Planning and Building Director; Nancy Milford, Planner; Chris Gill, Attorney, Emily
Boyett, Secretary.
Chairperson Jean Wilson called the meeting to order at 5:00 p.m. The minutes of the
October 5, 2009 meeting were considered. Dick Charles made a motion to approve the
minutes as written and was 2nd by Fran Slade. The motion carried with two abstentions
by Lee Turner and Jennifer Fidler.
Chairperson Wilson announced that the first agenda item, SD 09.14 would be moved to
the bottom of the agenda at the request of the applicant.
SR 09.01 Site Plan Approval of Iberia Bank, Thomas Crane of Broadmoor Design,
LLC. The site is located at the southeast corner of the intersection of US Highway 98
and Parker Road. Nancy Milford came forward and gave the Staff Report saying the site
is approximately .92 acres and is zoned PUD (Planned Unit Development). She stated
that the proposed building has a footprint of 4681.85 square feet and is approximately
seventeen feet (17’) in height. Staff Recommendation is to approve the Iberia Site Plan
contingent upon the following conditions:
1) Note 1 on the Landscape Plan shall be removed and replaced with a note stating “The
existing naturalized landscape buffers on the proposed site shall not be disturbed by
any construction. No construction activities are allowed in the buffer. Only plant
installation is allowed. Tree protection barriers shall be erected prior to any
construction and maintained until construction is complete.”
2) Tree protection fencing/barrier shall be erected prior to any construction and
maintained until construction is complete. The existing vegetation in the required
buffer area on site shall not be disturbed.
3) Existing azaleas are to remain in the west buffer along US Highway 98.
4) A tree inventory for the naturalized buffer is required prior to the issuance of a land
disturbance and/or building permit.
Joe Bullock, the engineer, addressed the Commission regarding the buffer and stated that
a chain link fence would be installed to protect the buffer from disturbance. Discussion
regarding the proposed sign along US Highway 98 led to the developer stating that he
understood that the sign might not be visible due to the buffer remaining natural. He also
stated that any utilities for the sign would be run underground as to not disturb the area.
Lee Turner moved to accept the staff recommendation with the four conditions. Dick
Charles 2nd the motion and the motion passed unanimously.
UR 09.09 Request of the Baldwin County Highway Department for an 11.52.11
Utility Review of a BRATS facility. The property is located on the south side of
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Fairhope Avenue, just east of the intersection of Greeno Road and Fairhope Avenue,
behind Big Lots. Jonathan Smith gave the Staff Report saying the site shows 35 typical
parking spaces and eight bus parking spaces. The applicant is proposing two above
ground fuel pumps and the tow way ingress/egress at twenty-four feet wide. He noted the
stormwater would be facilitated through a detention pond on the southwest corner of the
subject property. Staff recommendation is to approve the proposed location, character
and extent of the new BRATS facility. Taylor Rider, Director of Transportation,
addressed the Commission saying this facility will be a “park and ride” stop and will be a
major stop on their fixed routes. He added that the proposed building on the site would
provide an office for personnel, bathrooms and seating area for riders. Lawrence Wilson,
P.E. of the Baldwin County Highway Department, said the facility would be one way in
and one way out. The entrance would be off Fairhope Avenue and drivers would exit on
Morphy Avenue and come out at the light at the intersection of Morphy Avenue and
Greeno Road. Carlyn McFall, 119 Kensington Court, noted concerns with traffic and
noise. Mr. Rider responded that the facility will only generate local traffic noise and the
one-way design will help with the traffic. Jennifer Fidler noted the property’s grade
change would make saving trees difficult. She also had concerns with the size of the
greenspace, sidewalk widths, lane widths, and buffers for screening the backs of the
buildings. Mr. Wilson said the sidewalk location can be changed to allow for widening
and smaller lanes would not be a problem. Mr. Wilson also agreed to working with the
City on the buffer. Dick Charles questioned the number of trips the facility would
generate and Mr. Rider said in the beginning it would have six to eight in the mornings
and evenings, with two to four during mid-day. He added that as the stop grows, trips
could be as often as every thirty minutes. Gary Gober, resident, stated the use of
pervious pavement, low-power and low-speed parking spaces, and using BRATS for
special event traffic should be considered. Lee Turner moved to approve the staff
recommendation with the condition that the applicant work with the City on the sidewalk
location and width, lane widths, and the buffer landscaping. Dick Charles 2nd the motion
and the motion passed unanimously.
SD 09.14 Preliminary and Final Plat Approval for Park Place, a five lot subdivision,
Larry Smith of S.E. Civil, LLC. The property is located on the west side of Section
Street, just north of Morphy Avenue. Jonathan Smith gave the Staff Report saying the
property is approximately .56 acres and is zoned B-2 (General Business District) and is in
the Central Business District Overlay (CBD). He stated that Lots 1, 2, 3 and 4 will be
used as single-family cottages and Lot 5 is currently occupied by a historic structure used
as an office building. The applicant appeared before the Planning Commission for
Informal Review on March 2, 2009 and a majority spoke in favor of the development, but
noted concerns regarding tree protection, fire protection and driveway width. Staff
recommendation is to approve the subdivision contingent upon the following conditions
and waivers:
Conditions
1) A 20’ front setback for all proposed lots, as required by Article III, Section C –
Dimension Standards in the Fairhope Zoning Ordinance. Two parking spaces are
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required for each residence zoned B-2 in the CBD. The front setback requirement
ensures adequate space for parking.
2) The applicant shall add a note to the plat stating that the proposed water and
sewer lines will be privately maintained.
3) The approved fire hydrant location shall be labeled on the plat.
4) Upon development, all applicable Zoning Ordinance and City Code requirements
shall apply to each proposed lot.
Waivers
1) Subdivision Regulations, Article V, Section E, 3 and any other city requirements
requiring any new lots to front a public maintained paved roadway.
2) Subdivision Regulations, Article V, Section D, 5 and any other city requirements
requiring there to be a minimum of 18’ paved access road to each lot.
3) Subdivision Regulations, Article V, Sections C and D, and any other requirements
requiring the subdivision to be submitted in two phases, the preliminary plat and
the final plat.
4) Zoning Ordinance, Article V, Section B and any other city requirements requiring
8’ sidewalks to be constructed in the right-of-way for all new construction.
Larry Smith, the applicant, addressed the Commission saying this is a unique piece of
property and the development will be residential even though it is zoned B-2. He added
the Commission has approved Founder’s Square and Colony Oaks, which are similar to
this one. The Commission discussed concerns with parking, access, fire protection,
utility locations, sidewalks, setbacks and the multiple waivers. Mr. Larry Smith
responded saying the fire protection has been approved; the access to the lots will remain
the same and will be private; and the utilities will be placed in the private drive and will
be private lines. The waivers are being requested due the unique characteristics of the
development. He said the setback waiver was requested to save trees and a result of
comments by the Commission at the Informal Review and the request of the waiver for 8’
sidewalks is due to the lack of right-of-way along the property. Dick Charles moved to
approve the staff recommendation with the four conditions and four waivers. Motion
died for lack of a 2nd. Lee Turner moved to approve the subdivision with four conditions
and grant five waivers. Conditions: 1) The applicant shall add a note to the plat stating
that the proposed water and sewer lines will be privately maintained; 2) The approved
fire hydrant location shall be labeled on the plat; 3) Upon development, all applicable
Zoning Ordinance and City Code requirements shall apply to each proposed lot; 4)
Parking requirements shall be met if property is developed as residential. Waivers: 1)
Article V, Section E, 3 of the City of Fairhope Subdivision Regulations and any other
City requirements requiring any new lots to front on a publicly maintained right-of-way;
2) Article V, Section D, 5 of the City of Fairhope Subdivision Regulations and any other
City requirements requiring there to be a minimum of 18’ paved access road to each lot;
3) Article V, Section C and D of the City of Fairhope Subdivision Regulations and any
other City requirements requiring the subdivision to be submitted in two phases, the
preliminary plat and the final plat; 4) Article V, Section B of the City of Fairhope Zoning
Ordinance and any other City requirements requiring 8’ sidewalks to be constructed in
the right-of-way for all new construction; 5) Article III, Section C of the City of Fairhope
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Zoning Ordinance and any other City requirements pertaining to setbacks. Lonnie Mixon
2nd the motion and the motion passed with the following votes: AYE – Tim Kant,
Jennifer Fidler, Gary Moore, Jean Wilson, Lee Turner, Fran Slade and Lonnie Mixon.
NAY – Bob Clark and Dick Charles.
Old/New Business
2010 Planning Commission Agenda – Lee Turner moved to approve the 2010 Planning
Commission Agenda. Lonnie Mixon 2nd the motion and the motion passed unanimously.
Executive Session – Chris Gill addressed the Commission and requested they enter and
Executive Session by reading the following letter:
November 2, 2009
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HAND IIJ ARENDALL L LC L AW YFR S
Christopher 1\1. Gill
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RSA ro1,J:R II NORTI I WATER STRCF.T ,t rn-102m \IOBIL F. Al.AB,\~IA 36602 (25 1) 132-551 I
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DECLARATION AND O PINION
My name is Christopher M. Gill. I am over the age of nineteen ( I 9), and I make this
Declaration and Opinion b3scd upon my own personal knc>\\iedge, in fonnation and belief. I am
an anomey lic:..-.nsed to practice law in the State o f A labama. I am offe ring this Declaration and
Opinio n in compliance with Seetion 36-25A-7 o f1 he Code of Alabama (I 975).
On the ~ day o f /IJ;,vc,.&;: , 200 c:r, at a meeting of the Planning and Zoning
Commission of the City of Fairhope, Alabama (1he '•Commission''). the re has been or -.ill be
made a motion calling for an executive session for one o r more o f the fo ll owing purposes:
To discuss ·with the Comm ission's attorney the l ega l ramifications of and
legal options for pending litigation;
To discm;s with the Commission's attorney contro,..-ersies not yet being
litigated but imminently likely 10 be litigated or unminenlly li kely to be
litigated if the Commission pursues a proposed course of action;
To meet or confer with a med iator or arbitrato r with respec t to any
litigation or de<:ision concerning maners wi thin the jurisdiction of the
Co mmiss ion invo lving ano ther party, group, o r body.
Prior to vo ting to convene the execu li,e session. I am o ffering this Declaration and
Opinio n for the purpose of stating that Section 36-25A-7 o f the Code of Alabama (1975) is
appl icable 10 the planned discussio n, and I h~reby request tha.t this \\Tineo Declaration and
Opinion be reflected in !he minmes for said meeting. I have further a dvised the Co rnmission that
if any deJibcration begins among them regarding what action 'to take relating to pending or
tlueate ned ht1gahon based upon the ad vice ot counsel. Lhe execut1ve s ession shall be concluded
and the delibera tio n shall be conduc1ed in me o pen portion of I.he meeting or the deliberation
s hall cease.
This Declaration and Opinion shall no t constitute a waiver of the atto rney-client
privilege.
Dated this '2~ay o f tJcAJu,. ~. 200~.
{ ~ 17 . "2.-:.
Chrislopber M. Gill Esq.
Anorney for the Pl anning and Zoning Commission
oft.be C i ty of Fairhope, Alnbnmu
991306_11 0 1H l F • BIRMl'\'GH,\.'\I • FOi T\' • h T1 1F:~S • FAIRHOPE • 11'\CKSON. \1 ,;;
November 2, 2009
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Dick Charles moved for the Commission to enter an Executive Session to reconvene no
later than 6:15 p.m. Jennifer Fidler 2nd and motion passed unanimously by the following
voice vote AYE – Mayor Kant, Jennifer Fidler, Bob Clark, Gary Moore, Jean Wilson,
Dick Charles, Lee Turner, Fran Slade, and Lonnie Mixon. NAY – None. The
Commission entered Executive Session at 5:55 p.m. The Commission returned at 6:13
p.m. and Lee Turner moved to end the Executive Session. Dick Charles 2nd and the
motion carried unanimously.
Having no further business, Lonnie Mixon moved to adjourn the meeting. Fran Slade 2nd
the motion and the motion passed unanimously. The meeting was duly adjourned at 6:14
p.m.
________________________ ________________________
Jean Wilson, Chairperson Emily Boyett, Secretary