HomeMy WebLinkAbout04-04-2011 Planning Commission MinutesApril 4, 2011
Planning Commission Minutes
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The Planning Commission met Monday, April 4, 2011 at 5:00 PM at the City
Administrative Building, 161 N. Section Street in the Council Chambers.
Present: Jean Wilson, Chairperson; Dick Charles, Vice-Chair; Bob Clark; Gary Moore;
Jennifer Fidler; George Roberds, Mayor Tim Kant and Councilman Rick Kingrea.
Jonathan Smith, Planning and Building Director; Nancy Milford, Planner; Kim
Burmeister, Secretary. Absent: Lee Turner
Chairperson Jean Wilson called the meeting to order at 5:00 PM. and welcomed
Councilperson Rick Kingrea to the meeting. She also noted that Gary Moore would
excuse himself from Item D on the agenda (SD 11.02) since he has a conflict with this
agenda item. Chairperson Jean Wilson asked for approval of the February 2011 minutes.
Dick Charles moved to accept the minutes. Bob Clark 2nd. Mayor Kant abstained, since
he was not at the meeting in February. The February 2011 minutes were approved.
Chairperson Jean welcomed Councilperson Rick Kingrea.
ZC 11.03 Proposed amendment to Article V, Special Districts of the City of
Fairhope Zoning Ordinance for a Medical Overlay District, Jonathan Smith.
The Planning Commission established a committee to draft a Medical Overlay District
ordinance, with the goal of accommodating expansion growth from Thomas Hospital and
surrounding medical facilities. Committee recommends approval of the Medical Overlay
District. The committee spent several months reviewing this district, and used a similar
community, Punta Gorda, Florida as an example model for the Medical Overlay District.
Dick Charles, chairman of the committee that put together the Medical Overlay District
ordinance, said that basically the Punta Gorda Medical Overlay District Ordinance was
plagiarized and is identical to what the City is proposing. The properties within the
Medical Overlay District area will not need to be rezoned and can be used for designated
purposes without rezoning.
Jonathan went over authorized uses within the district, which include medical offices,
nursing homes, medical and dental clinics, emergency services, bed and breakfast
facilities to accommodate families and patients, vocational trade and business schools
related to the medical field, etc. Proposed projects would still be subject to site plan
review. The City Council will make final determination on the acceptance on the
ordinance.
Chairperson Jean Wilson has a list of people who signed up to speak at this meeting, on
this agenda item, and she called the first person up.
First speaker: Willie Williams, 17420 Confederate Rest Road. He owns property on
Northrop Street, which is in the proposed Medical Overlay District. He has asked to be
included in any meetings regarding developments or changes near his property. He saw
the notification for this meeting in the paper, but he thinks there should be more effort on
notification of adjacent property owners.
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Second speaker: Harry Davis with Baldwin County Press. He wants to know why
people are not being informed of these meetings. He looked at the City website and could
not find information about this meeting. He said the current agenda and current minutes
should be on the website. He said that the minutes are only up to date through December
2010. Chairperson Jean Wilson reminded Mr. Davis that he is speaking in regards to the
Medical Overlay District. Chairperson Jean Wilson explained to Mr. Davis how the
committee and notifications work. Jonathan said that the meeting was advertised
(newspaper, subdivision group notifications). Mr. Davis asked about historic
preservation; does the City have an archeologist oversee sites before permits are issued?
Third speaker: Debra Green, 415 Maple Street. She asked for clarification of the area
encompassed by the Medical Overlay District. Jonathan explained the location, referred
to the map visual on Power Points, and also gave her a hard copy of the map.
Chairperson Jean Wilson closed the public participation part of this agenda item.
Bob Clark asked what prompted this district to be created. Jonathan said it was created to
accommodate current and anticipated growth of the Thomas Hospital area. Bob Clark
asked what the impact would be to near by property owners. Jonathan said if he was a
property owner nearby, he would be concerned in that he would want to know all the
facts of the proposed districts. Dick Charles said there is a concern that this area already
has encroachment into residential area. This would enable residents to change their
property use without going through rezoning and without changing the footprint of the
Fairhope area. Jonathan noted that over 50% of this area is already zoned for light
industrial, about 30% is zoned B-2, and only about 20% of this area is currently zoned for
residential or multi-family. Jennifer Fidler asked about the area that appeared to be
unzoned, on the southside of the overlay. Jonathan verified that these properties were in
the county and were not zoned. Jennifer asked if property owners had been individually
notified. Jonathan said that notifications have been done as per legal requirements, but
each property owner has not been individually notified. Jonathan said individual
notification can be done. Jennifer said that she would want to be notified if she was a
property owner, but most likely this overlay would increase property values. Gary Moore
thanked the committee for all the hard work on this ordinance. He asked if Punta Gorda
expressed any concerns or challenges with their Medical Overlay District Ordinance.
Jonathan said there were no noted concerns. Chairperson Jean Wilson noted that the
district would encourage good, clean businesses that would support the hospital and the
medical industry. The hospital is growing and expanding, with or without this ordinance.
Dick Charles said that Phil Cusa would come back from retirement to assist in this effort.
Chairperson Jean Wilson said that Fran Slade had served on this committee. Bob Clark
said that he understands why this is being done, but he is concerned that individual
property owners were not contacted. Gary said that he is concerned also. Jonathan
suggested that the item be tabled so that all the property owners could be notified, for
further review and community meetings.
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Mayor Kant said he has concerns with property owner notifications, and also noted
concern for businesses encroaching residential properties on South Ingleside. Dick
Charles made a motion to table this ordinance, and to have another public meeting for
input once property owners inside and within 300’ of proposed MOD are notified. Bob
Clark 2nd. The motion passed unanimously.
Chairperson Jean Wilson announced the public hearing is closed on this item.
ZC 11.04 Proposed amendment to Article IV, Site Design Standards of the City of
Fairhope Zoning Ordinance for Tree Preservation, Jonathan Smith.
On many occasions, there have been incidences where simple site adjustments can be
made in order to save a heritage tree. The set backs in our Zoning Ordinance do not
allow for any kind of administrative variance in any capacity to work around these
heritage trees. Our citizens expect us to save these trees. Staff proposes we establish an
administrative variance procedure in order to protect our heritage trees and establish a 9’
trenching setback (for utility installation, etc.) around the perimeter of properties, in order
to protect the root systems of trees on adjacent properties. Staff recommends amending
the ordinance to include a definition for heritage trees. Staff also recommends an
administrative variance to setbacks, up to 7’, in order to protect heritage trees.
Chairperson Jean Wilson noted that this ordinance would allow for the Planning
Department to allow for setbacks to be adjusted in order to save a heritage tree.
Buildings can be moved on the site plan, without going before Board of Adjustment for
variance on setbacks. Jonathan noted that this would be specifically for heritage tree
(which is a tree defined as, greater than 20” in diameter at breast height). This is an effort
for staff to be able to preserve more trees. This is a proposed change to the current
Zoning Ordinance.
First Speaker: Debra Green, 415 Maple. She thinks this is a very good plan. She would
like to know if this is for new construction only. Jonathan verified that it would be for
permitted construction, but this would not restrict residents from cutting down unwanted
trees. It would only give more flexibility to a permittee who wishes to save a heritage
tree and work around setback requirements, if there is a heritage tree on their property.
Debra asked is this ordinance would have any affect on the proposed expansion of
Boothe Road (would it help to save the established trees in that area). Jonathan said that
the Boothe Road project is a county project, and the City has no jurisdiction, but he can
look into the issue of saving the oak trees along Boothe Road.
Second Speaker: Harry Davis with Baldwin Press Register asked who deems a heritage
tree and asked if all 20” DBH trees are heritage trees. Jonathan referred to the definition
in the ordinance, and clarified the determination on setbacks as determined by the
planning director. Heritage trees would include certain species as determined by the City
horticulturist (such as certain oaks, cedar, cypress, etc.). Mr. Davis expressed concern
that this would hinder residents from cutting trees on their property. Jonathan clarified
that this ordinance would not hinder a resident from cutting a tree on their property, but it
could allow the resident an opportunity to alter the setback requirements, if there is a
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heritage tree on the property. Chairperson Jean said that this ordinance will help
residents save heritage trees, if they so wish to do so. It will allow for more flexibility to
save trees and alter setback requirements.
Councilman Rick Kingrea said that if this would reduce the setback from 10 to 7’, would
it be required as per this ordinance to always go 7’? Jonathan said the 7’ is not set in
stone, staff would only use what would be required to preserve the tree and the critical
root area (would consult with City horticulturist). Maximum variance would be 7’and
anything above that would require Board of Appeals review. Adjacent buildings would
also be taken into consideration.
Jennifer Fidler said that there have been several incidents in the past where this would
have been beneficial, and would have allowed residents to save critical trees on their
property and still be in compliance with setback requirements. The trenching
requirement would serve to protect trees on adjacent properties as well, reducing friction
between neighbors.
Chairperson Jean Wilson said that this will go before Council for final approval. Mayor
Kant made a motion for approval. Dick Charles 2nd to approval. Unanimously approved
for this to go before City Council for final approval.
IR 11.01 Request of Bobby Faust for an Informal Review for a proposed zoning
change from R-6 Mobile Home Park District to B-4 Business and Professional
District for property located at the northeast corner of Morphy Avenue and Bishop
Road, at 8501 Morphy Avenue, Parcel # 05-46-05-16-0-000-028.518; Jonathan Smith
The property is currently located at 8501 Morphy, and is zoned R-6, for Mobile Homes.
The only uses allowed in R-6 are manufactured homes and home occupations. The
applicant would like to rezone to B-4 Business and Professional district. B-4 is designed
to establish business establishments of a professional nature, and is restricted to office
and businesses which provide specific corporate functions or professional services. This
is just an informational session for the applicant and for staff.
Chairperson Jean Wilson called the applicant to speak. Xavier Hartman, CPA,
representing Mr. Faust, came up and gave a handout on the property. Also present to
speak on behalf of the applicant was Sandra Faust of 20451 Beecher Street (Fairhope).
Sandra Faust (daughter) said that the handout shows the main intent and layout of the
property and surrounding area. Mr. Faust purchased the property in 2008, and has been
denied zoning for multi-unit projects. The surrounding properties include commercial
properties (medical offices, etc.). Mr. Hartman said that the current zoning of R-6 would
allow for up to 20 mobile homes. It would be better for this area to have commercial
property located here, as opposed to a trailer park. This property must be developed, and
commercial seems to be a better fit than a mobile home park.
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Jennifer Fidler asked if the Comprehensive Plan addressed this specific area. Jonathan
said that it did not reference this area. Gary Moore thanked Mr. Hartman for the handout,
and asked about the OB-GYN office across the street. Jonathan said that this property is
unzoned (in the county). Professional Health (which is near the Faust property) is zoned
B-4, which is the zoning Mr. Faust would like to have for his property. The city has no
land use control on this property. Other surrounding areas are mostly zoned residential.
Chairperson Jean Wilson said that she lives near this area and it has a residential feel to it.
She would not be supportive of this being rezoned as commercial.
Jonathan asked if the Planning Commission could recommend another residential use.
Chairperson Jean Wilson said that R-3 surrounds this area and that would be appropriate
in her opinion. Gary Moore said that he favors a residential use for this area. Jennifer
said she would too. Mayor Kant asked for clarification on the different residential zoning
designations (between R-5 and R-3). Jonathan said that R-5 is for multi-family, and
allows for approximately 10 units per acre. R-3 is for single family. The Faust property
is approximately 1.75 acres and would be allowed to build about 17 units (approximately,
depending upon parking and building type) if zoned R-5. R-3 can only be developed
according to lot size. Bob Clark said that he is not opposed to a zoning designation of
B-4. Dick Charles said that he would support residential, possibly R-3. Otherwise it
would appear to be spot zoning. Gary Moore said that Washington Square off Bishop is
R-5, and he thinks R-5 would fit the Faust property well. Chairperson Jean Wilson
suggested R-3 as much more suitable for this area. Chairperson Jean Wilson noted that
this was not a public comment hearing because it is not a formal proposal. She thanked
the applicant for coming in and receiving input. Gary Moore said that he would like to
thank the property owners for keeping the property maintained and Mr. Faust is setting a
good example.
SD 11.02 Request of Christopher Baker of HMR, LLC for approval of The Oaks of
Fairhope, Phase II, an 18-unit multiple occupancy project. The property is located
on the west side of Blueberry Lane, North of Fairhope Avenue. Parcel # 05-46-06-
14-0-000-001.511, Nancy Milford.
Councilperson Gary Moore excused himself and left the room.
Property is unzoned and is located on Blueberry Lane, and is a 48 unit multiple
occupancy project. This project has been redesigned. It is 4.88 acres. Original
application was approved by Planning Commission on October 6, 2008 and consisted of
5 buildings. The buildings were approved as being two story buildings, and to date, 3 of
the 5 have been constructed. The applicant is proposing an alternative to the remaining 2
buildings.
The applicant instead is proposing 3 one-story buildings for a total of 28,134 sq. ft.
instead of 2 two story buildings of 13,087 square feet. Currently 30 units are built and 18
units are proposed in the site redesign. The associated investors are Matt Burn and
Michael Todd Boothe.
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Chris Baker, HMR, LLC, representing Matt and Todd (Double B Investments). The
original approval had entitled the property with 48 units and that is exactly what we are
proposing. No change to the number of units. Instead of 2 two story buildings we are
proposing three one story buildings.
Chairperson Jean Wilson said that Planning Commission has limited authority to review
this type of project. Planning Commission is able to provide technical review, and Staff
has done that.
Nancy said that Planning has reviewed, as per legal requirements, traffic, height and set
backs. County has had some issues with the site, and Staff will make it conditional upon
Baldwin County’s approval prior to issuance of any City of Fairhope building permits.
Jonathan Smith said that Baldwin County contacted him last week. They have an
approval process similar to our multiple occupancy process. He and Jennifer have been
working with the applicant for the past few months to help save the trees on the site and
also have been assisting in design of the site. Our multiple occupancy project review is
essentially a drainage review (not building placement review). Our landscape ordinance
has been applied. The County had issues relative to building spacing and Jonathan thinks
these issues can be resolved. Upon approval, condition will be placed on the project that
all issues with Baldwin County be resolved prior to issuance of any City permits.
Chairperson Jean Wilson said that no one has signed up to speak on the project, but asked
if anyone in the audience wished to speak. No one did.
Chairperson Jean Wilson noted that the proposal has conditions of:
1. A financial guarantee for the sidewalks,
2. An aerator
3. Existing trees to be looked at for their tree credits (to make sure the trees are high
quality and alive of course. Jennifer is ensuring this)
4. Must meet Water and Sewer Supt. Approval (Nancy noted that Dan McCrory has
since approved this aspect. Jonathan said this was taken care of last week.)
5. An operations and maintenance plan agreement
6. Must meet Baldwin County approval
Chairperson Jean Wilson asked if there were any questions. Harry with Baldwin Press
asked if this would involve a Heritage Tree.
Chairperson Jean Wilson asked Jennifer to address this. Jennifer said that according to
our Tree Ordinance, all commercial properties would have to try to preserve trees, if there
are no improvements on the property. Jennifer said there are three large trees on back of
this property where the City has asked for driveways to be placed around. These trees are
the ones referred to. Jonathan said they were working toward maximum tree protection.
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If a tree was required to be removed in regards to building placement, the applicant could
work with the City’s tree ordinance (tree credits, etc.) in order to accomplish this.
Christopher Baker clarified that the significant trees onsite would be preserved, as per the
presented proposal. However, the County is requiring that the buildings be an additional
10’ apart, which would require removal of one of the significant trees (a 56” oak) on the
back of the property. The applicant is committed to preserving the tree, and will continue
to work with the County to craft a solution in order to preserve the tree.
Dick Charles asked if the driving function behind going to single story due to inability to
rent or sell the upper floors. Chris Baker said this project targets empty nesters or folks
downsizing and that market niche does not appreciate climbing stairs.
Chairperson Jean Wilson asked for a motion. Bob Clark made a motion to approve Staff
Recommendations, subject to the conditions stated:
1. Financial guarantee
2. Tree issue
3. O&M Plan
4. Approval from Baldwin County
Dick Charles 2nd. Passed unanimously.
Gary Moore returned to the meeting.
Informal Review of Wendall Barnhill’s Property on Parker Road, directly North of
Publix; Jonathan Smith.
This was placed on the agenda for a quick discussion. This property used to be a mobile
home park and was rezoned a few years ago into PUD (residential, small lots). Mr.
Barnhill thinks this would be a good spot for an upscale RV park and he would like
Planning Commission input. Infrastructure is already in place (streets, utilities, etc.).
One of the goals in the Comp Plan is to promote tourism. Zoning is PUD so it would not
permit RVs. There were mobile homes here previously; it is vacant now. Property has
been kept up. There are a few out buildings to house maintenance equipment and similar
equipment. Chairperson Jean Wilson asked for thoughts on this possible project. The
Mayor asked if there were any similar parks in this area. Jonathan noted that the closest
one was at CR 32 just east of State Hwy. 181. Bob Clark said that he recently had
relatives in town with an RV, and the one at CR 32 was the closest one.
The Mayor asked which zoning this would fit into. Jonathan suggested a PUD. Jonathan
also said the R-6 district is the only similar district. City of Fairhope does not have a
zoning for RV parks, but PUD would be the most appropriate, so that the property could
be restricted in regards to how the property abuts other property. City Council would
make final decision. Chairperson Jean Wilson said that her first thoughts were dismissive
for this type of use, but on second thought the City does need to promote tourism. She
has seen some nice RV parks in Florida. Jennifer asked if the property would be more or
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less dense than what was previously proposed. Mr. Barnhill commented that it was
originally purchased as a mobile home park. It was rezoned into a PUD during the
economic boom with the intent to develop into a residential home area. The market
collapsed, so he has had to think of an alternative plan. He wants to build something very
upscale, similar to the RV park on CR 32, with nice paved parking spots. Proposal is also
to build a nice meeting hall with showers and cooking area. Mr. Barnhill has other RV
parks in Baldwin County. When he comes forward with a formal plan it will be first
class and will be something to be proud of. His proposed RV park will target upscale
customers. Dick Charles suggested we come up with a special zoning designation for RV
parks (since we have done so for a Medical Overlay District). Chairperson Jean Wilson
asked Jonathan to think about the best mechanism we should use for this type scenario.
She said that this would most likely not be a widely used zoning district. Planning
Commission could do a special zoning; however, PUD would most likely be the most
relevant zoning designation. Mr. Barnhill said that he put the sewer system in himself on
this property and of course after a period of time it becomes the City’s obligation. He has
been maintaining the system up to now. He said that he hasn’t poled all of his neighbors,
but feels he would have their support. He wants to make friends not enemies and is not
doing this just for cash flow. His intent is mainly to make this property more beautiful.
Gary Moore said that the City could use a park up in that area. Mr. Barnhill said that it is
for sale, if the City is interested.
Chairperson Jean Wilson asked if there was any old business to address. There was not.
Gary Moore moved to adjourn. The motion passed unanimously. The meeting was duly
adjourned at 6:10 PM.
______________________________ ________________________
Jean Wilson, Chairperson Kim Burmeister, Secretary