HomeMy WebLinkAbout02-07-2011 Planning Commission MinutesFebruary 7, 2011
Planning Commission Minutes
1
The Planning Commission met Monday, February 7, 2011 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;
Lee Turner; Jennifer Fidler; George Roberds and Mike Ford. Jonathan Smith, Planning
and Building Director; Nancy Milford, Planner; Emily Boyett, Secretary
Absent: Tim Kant
Chairperson Jean Wilson called the meeting to order at 5:00 PM and announced the
meeting is being recorded. She welcomed George Roberds to the Commission and
thanked Mike Ford for his time on the Commission, as this will be his last meeting. The
minutes of the December 6, 2010 meeting were considered and Dick Charles moved to
accept the minutes as written and was 2nd by Gary Moore. Motion carried unanimously.
ZC 11.01 Public hearing for the request of the City of Fairhope Planning and
Building Department for a proposed pervious parking amendment to the Zoning
Ordinance – Article IV, Section E. Parking, Jonathan Smith. Mr. Smith gave the
staff report saying the staff has been evaluating various alternative low impact
development technologies for improving the management of stormwater and a minimum
requirement for pervious paving would be a practical alternative for inclusion in the
Parking Section of the Zoning Ordinance. He stated the City’s Comprehensive Plan and
the Fairhope Environmental Advisory Board (FEAB) support a requirement for the use of
pervious paving parking surfaces. The Planning Staff is proposing that 25% of proposed
parking spaces for a commercial development be pervious. The proposed amendment to
Article IV, Section E. Parking of the City of Fairhope Zoning Ordinance is as follows: 6)
Pervious Parking: a) Twenty five percent (25%) of all parking spaces shall be
constructed of a pervious material. Pervious materials used may include brick pavers,
pervious asphalt, pervious concrete, and other pervious materials to be approved by the
City of Fairhope Planning and Building Director. b) The pervious material shall be
maintained following industry standards of no less than once per calendar year or per
manufacturer’s instructions if the manufacturer’s requirements are more stringent.
Failure to perform the required maintenance activities could result in enforcement action
by the City. Staff Recommendation is for the Planning Commission to approve the
proposed pervious parking amendment to the City of Fairhope Zoning Ordinance. Mrs.
Wilson opened the public hearing. Jim Horner, FEAB Chairman, addressed the
Commission saying the Board submitted a letter in support of the proposed amendment
and feels the 25% recommendation is a good start in terms of managing stormwater. He
stated the Police Department’s front walkway and the Publix parking area are two sites
that have used pervious materials. Mr. Horner said the Board would also like to see cut-
curb bio-retention areas and a reduction in mandated number of public parking spaces per
square footage as stormwater managing tools. Having no one else to speak, Mrs. Wilson
closed the public hearing. Mr. Ford asked what the cost difference would be to use a
pervious surface and Mr. Smith responded it would vary depending on the material used.
Mr. Smith said the prices have gone down for pervious materials and if gravel were to be
approved in an area then it would be a significant difference than if asphalt or concrete
was used. Mr. Turner said he was concerned with this requirement being applied to
February 7, 2011
Planning Commission Minutes
2
every development across the board regardless of the size. Mr. Smith stated the provision
to allow the Planning and Building Director to approve other materials will help smaller
developments. He said he does not want this amendment to be a negative aspect of
development. Mr. Charles said stormwater is a major problem in this County and
permeability is a concern in this area. Mr. Clark asked if gravel would be an acceptable
material and Mr. Smith stated yes, on certain sites it would be allowed. Mrs. Fidler said
she has seen the pervious asphalt for small car parking in a parking lot. She said the cost
of pervious concrete versus regular concrete is about a dollar a yard less, but the pervious
asphalt is different and she doesn’t know the costs for it. Mrs. Fidler recommended
adding that sites with twelve or less parking spaces not be required to have the 25%
pervious parking area, as to not be a burden on the smaller business. Mr. Smith said staff
would be comfortable with including a number of parking spaces which would trigger the
requirement. Mr. Smith recommended the trigger be eight parking spaces, which would
be the break in space requirements based on building square footage listed in parking
schedule. Lee Turner moved to accept the staff recommendation to approve and forward
a favorable recommendation to the City Council for the proposed pervious parking
amendment to Article IV, Section E. Parking of the City of Fairhope Zoning Ordinance
as follows: 6) Pervious Parking: a) Twenty five percent (25%) of all parking spaces
shall be constructed of a pervious material. Pervious materials used may include brick
pavers, pervious asphalt, pervious concrete, and other pervious materials to be approved
by the City of Fairhope Planning and Building Director. b) The pervious material shall
be maintained following industry standards of no less than once per calendar year or per
manufacturer’s instructions if the manufacturer’s requirements are more stringent.
Failure to perform the required maintenance activities could result in enforcement action
by the City. c) Projects that require eight or less parking spaces are not subject to the
twenty-five percent (25%) pervious parking requirement. Dick Charles 2nd the motion
and the motion carried unanimously.
ZC 11.02 Public hearing for the request of the City of Fairhope Planning and
Building Department for a proposed amendment to the Zoning Ordinance to allow
restaurants in B-1 Local Shopping District – Article III, Section B. Allowed Uses,
Jonathan Smith. Mr. Smith gave the staff report saying the current definition does not
allow a restaurant in the B-1 zoning district. Currently restaurant use is only allowed by
right in the B-2 General Business and B-3b Tourist Resort Commercial Service District.
Restaurants are allowed in the B-3a Tourist Resort Lodging District subject to appeal and
to the Board of Adjustment and subject to possible special conditions by the Board of
Adjustment. Staff is proposing that restaurant use be allowed in the B-1 district subject
to appeal to the Board of Adjustment and subject to possible special conditions by the
Board of Adjustment. This will give the City the authority to deny an incompatible
restaurant use if the site and surrounding conditions are not appropriate/adequate for a
restaurant use. The City will also be able to approve a restaurant use in the B-1 district if
the proposed restaurant/café is compatible with the site and surrounding area. No drive
thru restaurants will be allowed in the B-1 district. Staff Recommendation is to approve
the proposed restaurant use in the B-1 zoning district subject to the following conditions:
1) restaurants in the B-1 zoning district may be permitted only on appeal to the Board of
Adjustment and may be subject to special conditions; 2) drive thru restaurants shall not
February 7, 2011
Planning Commission Minutes
3
be permitted in the B-1 zoning district. Mrs. Wilson opened the public hearing, having
no one present to speak, she closed the public hearing. Mr. Charles stated if the
restaurant use is allowed in the other business districts then why would it not be allowed
in the B-1 district. He said it didn’t seem equitable to him. Mrs. Fidler said she
considered the Comprehensive Plan which calls for walkable communities and to allow a
restaurant in the B-1 district would promote walkability. Mr. Ford stated the gentleman
that designed the City’s Comp Plan is from Kansas City and if anyone were to visit there
they would see restaurants in the communities and said he thinks it is a good idea. Dick
Charles moved to accept the staff recommendation to approve and forward a favorable
recommendation to the City Council for the proposed restaurant use in the B-1 zoning
district subject to the following conditions: 1) restaurants in the B-1 zoning district may
be permitted only on appeal to the Board of Adjustment and may be subject to special
conditions; 2) drive thru restaurants shall not be permitted in the B-1 zoning district. Lee
Turner 2nd the motion and the motion carried unanimously.
UR 11.01 Request of Southern Light for 11.52.11 Utility Review and Approval of the
proposed installation of approximately 2209 linear feet of fiber optic cable,
Samantha McAllister. The project will run along the west side of Greeno Road and
along the south side of Nichols Avenue to service the Oyster House Head Quarters
Building on Nichols Avenue. Nancy Milford gave the staff report saying Southern Light
plans to extend an existing network with approximately 694 linear feet of aerial cable,
1440 linear feet by directional bore, and 75 linear feet of trenched fiber optic cable. Staff
recommendation is to approve as requested with the following conditions: 1) all existing
utilities must be located and proper separation must be maintained between utilities; 2)
BMP’s shall be installed at boring sites and trench locations; 3) ground conditions in the
right-of-ways shall be returned to original or preconstruction condition or better; 4) all
ALDOT permits shall be obtained prior to the issuance of a right-of-way permit; 5) all
plans and permits shall be submitted with the City of Fairhope Right-Of-Way permit
application; 6) guy wires shall be installed on all locations where the route dead-ends or
changes by 90 degrees, guys and anchors shall be provided and installed by Southern
Light or their contractor and shall meet NESC code requirements. No joint use guying
will be allowed; 7) aerial attachments shall be subject to joint use billing at the existing
attachment rates and Southern Light shall notify Electrical Superintendent Scott Sligh in
writing when attachments are complete; 8) the contractor shall stabilize each disturbed
area at the end of each day; 9) the contractor shall remove accumulated sediment from
streets and sidewalks daily; 10) the contractor shall add sod as the permanent cover to
disturbed right-of-ways (hay and seed shall not be acceptable as permanent cover); 11)
the project shall comply with all City ordinances, including but not limited to the City of
Fairhope Erosion and Sediment Control ordinance. Andru Bramblett of Southern Light
was present to answer any questions. Mr. Charles asked if Oyster House was the only
driving agent for this installation and if any other individuals would be allowed to
connect to this line and Mr. Bramblett responded yes, the primary reason for the
extension is Oyster House but others would be able to hook on as well. Jennifer Fidler
moved to accept the staff recommendation to approve as requested with the following
eleven conditions: 1) all existing utilities must be located and proper separation must be
maintained between utilities; 2) BMP’s shall be installed at boring sites and trench
February 7, 2011
Planning Commission Minutes
4
locations; 3) ground conditions in the right-of-ways shall be returned to original or
preconstruction condition or better; 4) all ALDOT permits shall be obtained prior to the
issuance of a right-of-way permit; 5) all plans and permits shall be submitted with the
City of Fairhope Right-Of-Way permit application; 6) guy wires shall be installed on all
locations where the route dead-ends or changes by 90 degrees, guys and anchors shall be
provided and installed by Southern Light or their contractor and shall meet NESC code
requirements. No joint use guying will be allowed; 7) aerial attachments shall be subject
to joint use billing at the existing attachment rates and Southern Light shall notify
Electrical Superintendent Scott Sligh in writing when attachments are complete; 8) the
contractor shall stabilize each disturbed area at the end of each day; 9) the contractor
shall remove accumulated sediment from streets and sidewalks daily; 10) the contractor
shall add sod as the permanent cover to disturbed right-of-ways (hay and seed shall not
be acceptable as permanent cover); 11) the project shall comply with all City ordinances,
including but not limited to the City of Fairhope Erosion and Sediment Control
ordinance. Dick Charles 2nd the motion and the motion carried unanimously.
Old/New Business
Annual Public Input Meeting – Jonathan Smith proposed to have the Annual Public
Input Meeting in April. It will be held after the regular meeting at 6:00 pm. He stated
staff will notify the neighborhood groups and proper legal ad notices will be made.
Medical Overlay District – Mr. Smith stated staff will be presenting the zoning
amendment for the Medical Overlay District at the April PC meeting.
March PC Meeting – Mr. Smith stated there will not be a March PC meeting. He said
there were no cases submitted and there is also a Mardi Gras parade that night.
Mr. Ford said he has been receiving complaints regarding large vehicles parking in the
corner spaces which are interfering with sight visibility. Mrs. Fidler stated she has been
looking into creating “small car” parking with corner spaces to help with sight visibility.
Mr. Smith said Public Works is experimenting with small car parking spaces City
Warehouse and have one labeled as such. Mr. Clark asked Mr. Ford if he was receiving
complaints for all over town or just in particular areas. Mr. Ford responded it was all
over town. Mr. Clark said he has that problem at the Post Office when trying to back out
from parking spots.
Having no further business, Dick Charles moved to adjourn and was 2nd by Jennifer
Fidler. Motion passed unanimously and the meeting was duly adjourned at 5:34 pm.
________________________ ________________________
Jean Wilson, Chairperson Emily Boyett, Secretary