HomeMy WebLinkAbout05-07-2012 Planning Commission MinutesMay 7, 2012
Planning Commission Minutes
The Planning Commission met Monday, May i\ 2012 at 5:00 PM at the City
Administration Building, 161 N. Section Street in the Council Chambers.
Present: Lee Turner, Chairperson; Jennifer Fidler; Tim Kant; Bob Clark; Dick Charles;
Gary Moore; Jean Wilson; and Debbie Quinn. Jonathan Smith, Planning and Building
Director; Emily Boyett, Secretary; and Nancy Milford, Planner
Absent: George Roberds, Vice-Chair
Chairperson Lee Turner called the meeting to order at 5:00 PM and announced the
meeting is being recorded. The minutes of the April 2nd , 2012 meeting were considered
and Dick Charles moved to accept the minutes as corrected and was 2nd by Debbie Quinn.
Motion carried with abstentions by Bob Clark, Jean Wilson, and Jennifer Fidler.
SD 12.04 Public hearing to consider the request of Jade Consulting for review and
approval of Fairhope Commons, a 62 unit, Multiple Occupancy Project, Trey
Jinright. The project is located on the south side of Gayfer A venue just east of Greeno
Road. Nancy Milford gave the staff interpretation saying the property is located in the
City of Fairhope and is zoned R-5 High Density Dwelling Residential District. The
project consists of two parcels totaling 10.17 acres with 62 units proposed. Staff
recommendation is to approve contingent upon the following seven conditions:
1) A signed copy of the site plan shall be added to the O&M plan and the document
shall be revised to reflect the correct number of ponds (12).
2) A pedestrian plan shall be submitted reflecting a five (5) foot sidewalk along
Gayfer Avenue (connecting to the adjacent property to the west); a pedestrian
connection between the Fairhope Commons property and Jeff Davis Street (in
Rosa Acres); and the internal pedestrian circulation patterns. All sidewalks shall
be ADA compliant.
3) Any existing structures on the subject site shall be removed.
4) A note shall be added to the site plan stating the engineer's conclusion to the flow
model.
5) All screening shall be enclosed by a wall or fence of solid appearance or tight
evergreen hedge not less than six ( 6) feet in height. If the owner elects to build a
wall or fence of bare or severe appearance it shall be enhanced with the planting
of shrubs.
6) The City of Fairhope Tree Ordinance and screening provisions in the Zoning
Ordinance shall be met. All questions regarding the Tree Ordinance shall be
directed to Jennifer Fidler, City of Fairhope Horticulturist and Public Works
Director.
7) The submittal of a turnout permit from Baldwin County shall be submitted prior
to the issuance of a building permit
Trey Jinright of Jade Consulting addressed the Commission saying this is a 62 unit
to\\,nhouse project. The buildings will be single story with the largest building being a
quad-plex. He said the development includes a pool house and a mix of units, some with
garages and some with carports. It is a cluster style layout on the site and only really
developing 7 of the 10 acres and leaving the other 3 acres natural. Mr. Jinright stated
they are very aware of the drainage issues on the site. There will be a buffer around an
existing grady pond on the property. They are maintaining the sheetflow type drainage
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Planning Commission Minutes
and using pervious materials and minimizing drainage with various small details like the
parking stalls. The site will have 12 bio-retention ponds that will be less than 3 feet deep
and create a multi-use area that can also serve as recreation or landscaping. Mr. Jinright
said the site has buffers around the perimeter and he understands the surrounding
neighbor's concerns regarding the preservation of the existing trees. He stated the City
has requested an 8' fence be constructed but it may not be advantageous for the neighbors
and he would like to reach a compromise to satisfy everyone.
Mr. Turner opened the public hearing.
Paul Kennard of 8356 Gayfer Avenue questioned whether the buildings would be 2-story
since they are townhomes. Mr. Jinright confirmed the buildings will only be 1-story.
Edward Schneider of 901 Diehl A venue stated concerns with the removal of the trees but
has since spoken with the applicants and he feels much more comfortable with the plan.
He also spoke about the flooding in Rosa Acres. He stated that during Hurricane George
they had 15" of rain and even though water never made it into any of the houses, it was
very close. Mr. Schneider asked what the recourses are if there is any flooding because
the ditch that drains the wetlands runs to their neighborhood. He also said he would
rather see trees instead of an 8' fence in his backyard. He said he would like to see the
landscape plan of what was actually going to be kept and what they are going to take
down. Mr. Schneider provided pictures of the existing trees.
Debra Green of 415 Maple Street said that unfortunately what gets approved is not the
end result. She mentioned Publix and said she does not want to see the trees on this
property be lost. Mrs. Green stated her main concern is traffic. She said this is a very
busy road and she has been told that a traffic study is not warranted. She stated the
County uses the number of lots as their determining factor for traffic studies and they do
not have anything to account for this type of development. She said she would like to
see turn lanes and safety concerns addressed. Ms. Milford stated the submittal of a
turnout permit is required as a condition of approval. Mr. Smith stated this is a County
right-of-way so the County will permit the ingress/egress for this project.
Having no one else present to speak, Mr. Turner closed the public hearing. Mr. Turner
asked if this is a subdivision request where they are going to subdivide each of the
individual townhomes or is it a site plan review. Mr. Smith stated this falls under the
subdivision regulations but it is a multiple occupancy project review which essentially
allows the Commission to review the site plan for the project. He added the property
owners are allowed by right to do what they are proposing because the property is zoned
R-5 High Density Dwelling Residential District; they are under the density requirements
and building heights; and they meet the setback requirements. Mr. Smith said this review
mainly allows the City to look at building height, drainage, and traffic but since this is a
County right-of-way the City does not have the authority to issue a turnout permit and we
have to concede to Baldwin County on their right-of-ways. Mr. Turner asked if the fence
is a requirement of the subdivision regulations and Mr. Smith responded no, it is a
requirement of the Tree Ordinance. Mr. Smith stated an O&M plan is required which
will help to ensure that there won't be future drainage issues and malfunctions on the
property because there will be a 3 year inspection requirement. Mr. Charles stated
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Planning Commission Minutes
concerns with traffic and suggested an additional entrance on the east side of the
property, just outside of the wetlands. He also questioned additional parking for visitors
and a pedestrian connection to Rosa Acres via Jeff Davis Street. Mr. Smith addressed the
comments saying the applicant has met the parking requirements; staff has recommended
a pedestrian connection to Jeff Davis Street as a condition of approval; and he stated he
would not like to see two ingress/egress points that close together. Mr. Jinright stated an
initial traffic analysis was conducted and the results did not meet the City's requirements
for a traffic study. Mr. Turner stated that connectivity is big issue but in this situation a
pedestrian connection is preferred to a vehicular access and he would like to see the
neighborhoods connected. Mr. Schneider stated there is not a sidewalk on Jeff Davis
Street and it would make more sense to connect a sidewalk to the one on Greeno Road.
Mr. Kant stated concerns with the drainage and he asked if the ponds will be able to
handle all the water for the site and he asked what frequency storms were used for their
calculations. Mr. Jinright responded studies were done for 1, 2, 5, 10, 25, 50, and 100
year storm events. He stated they will be releasing less water at post development than
what it is at now and they will maintain the natural sheetflow discharge by using level
spreaders. Mr. Kant suggested moving the fence back from the property line in an effort
to protect the trees from being cut down in the future and leave that area in its natural
state. Mr. Jinright stated there is a buffer there to protect the trees and it will even be
marked off during construction. He recommended a vegetative landscape buffer in that
area for visual separation as opposed to fence. Mrs. Wilson stated she would prefer a
green buffer instead of a fence because most people would rather see a nice landscaped
area than a fence. She also stated the adjoining uses are not that incompatible and she is
in favor of establishing connectivity with a pedestrian access between the neighborhoods.
Mrs. Quinn stated the fence was originally recommended because they were looking at
100 units and 2-story buildings but she is in favor of a green buff er. She said she is
happy with this plan and is glad they did not try to mitigate the grady pond. Mr. Smith
stated the fence is a requirement of the Tree Ordinance which also allows for a tight
evergreen hedge of solid appearance. Mr. Moore said he thinks this is a sensible, rational
plan and it makes sense for the area. He also stated the pedestrian connection is a
minimum and he favors automobile connectivity where possible. Mrs. Fidler stated the
access issues could possibly be eased with a connection to Jeff Davis Street. She said the
Tree Ordinance does not require that trees under 20" DBH be saved but the applicants
will get credits for any they do save. She added that she thinks the bio-retention ponds
are the way to go on this site. Mr. Turner stated with would also be in favor of an
automobile connection but the Commission does not have the authority to make it a
stipulation. Dick Charles moved to accept the staff recommendation to approve
contingent upon the following seven conditions:
1) A signed copy of the site plan shall be added to the O&M plan and the
document shall be revised to reflect the correct number of ponds (12).
2) A pedestrian plan shall be submitted reflecting a five (5) foot sidewalk along
Gayfer Avenue (connecting to the adjacent property to the west); a pedestrian
connection bet\veen the Fairhope Commons property and Jeff Davis Street (in
Rosa Acres): and the internal pedestrian circulation patterns. All sidewalks
shall be ADA compliant.
3) Any existing structures on the subject site shall be removed.
4) A note shall be added to the site plan stating the engineer·s conclusion to the
flow model.
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Planning Commission Minutes
5) All screening shall be enclosed by a wall or fence of solid appearance or tight
evergreen hedge not less than six ( 6) feet in height. If the mvner elects to build
a wall or fence of bare or severe appearance it shall be enhanced with the
planting of shrubs.
6) The City of Fairhope Tree Ordinance and screening provisions in the Zoning
Ordinance shall be met. All questions regarding the Tree Ordinance shall be
directed to Jennifer Fidler, City of Fairhope Horticulturist and Public Works
Director.
7) The submittal of a turnout permit from Baldwin County shall be submitted prior
to the issuance of a building permit.
Jennifer Fidler 2nd the motion and the motion carried unanimously. Dick Charles
amended his motion to specify that the screening on the south property line shall be an
evergreen hedge. Jennifer Fidler amended her 2nd and the motion carried unanimously.
Jonathan Smith stated he has given the Commission a motion from Judge Reed to dismiss
a lawsuit that the City has been in with Paul Ripp, Tom White, Lisa White, and Chip
Shaw regarding the Publix development. The case has been dismissed based on Rule
12B (fails to state a claim upon which relief can be granted).
Low Impact Development Presentation by Goodwyn, Mills & Cawood, Inc.
Mr. Quinn introduced Chad Jordan and Shane Sawyer of Goodwyn, Mills & Cawood,
Inc. She said she saw a stormwater system they designed at Eastern Shore Neurology and
Pain Center in Daphne. Shane Sawyer addressed the Commission saying he is an
engineer with Goodwyn, Mills & Cawood and he said they have and offices in Mobile
and Loxley. He gave a PowerPoint presentation of a Low Impact Development project
they did for Dr. Tarabein's office in Daphne.
Having no further business, Dick Charles moved to adjourn and was 2nd by Jean Wilson.
Motion passed unanimously and the meeting was duly adjourned at 6:20 PM.
Lee Turner, Chairperson