HomeMy WebLinkAbout01-07-2013 Planning Commission MinutesJanuary 7. 21) ! 3
Planning (\m1miss1on :\1inutes
The Planning Commission met Monday. January ih, 2013 at 5:00 PM at the City
Municipal Complex. 161 N. Section Street in the Council Chambers.
Present: Lee Turner, Chairperson: George Roberds, Vice-Chair; Tim Kant: Jennifer
Fidler: Bob Clark: Dick Charles; Jean Wilson; Gary Mnore; Councilman Rich Mueller:
Jonathan Smith. Planning and Building Director: Nancy Milford. Planner; Emily Boyett,
Secretary and Erik Cortinas. Building Official
Absent: none
Chairman Lee Turner called the meeting to order at 5 :00 PM and announced the meeting
is being recorded. The minutes of the December 3rd . 2012 meeting were considered and
Dick Charles moved to accept the minutes as written and was 2nd by George Roberds.
Motion carried unanimously.
IR 13.01 Request of Betty Rejczyk for Informal Review regarding zoning issues for
Emma's Bayhousc located at 202 S. Mobile Street, Danny Calhoun .. Jonathan
Smith gave the staff report saying the property is zoned B-3a Tourist Resort Lodging
District. He stated the property was rezoned from R-2 in 2004 to accommodate a Bed
and Breakfast use. The applicant then \\ent through Site Plan Revie\v for a Bed and
Breakfast and the building fr)Otprint proposed was approximately 2,800 square feet and
the lot area is approximately 13.000 square feet with six parking spaces in front and one
garage space. The Site Plan \Vas apprm ed vvith a screening plan and four rental
bedrooms were proposed with two bedrooms to be occupied by family. The property
owner subsequently has been using the site as an entertainment venue for weddings.
rehears:1! dinners. receptions. etc. The B-3a zoning district does not allow an
"Entertainment Venue" use per Table 3-1: l:se Table in the Zoning Ordinance. Mr.
Smith stated to accommodate parking for the events, the management of Emma's
Bayhouse has been utilizing City Parking and shuttling guests in to the venue. Per the
City's Fire Code a maximum of approximately 29 people are allowed in the building and
the events held appear to include a significantly larger number of people than the Fire
Code \1,.ill allcrn. The management has also been using the City park land to the nmih for
guest and operation space during e\·ents. In order to accommodate the ''Entertainment
Venue .. use. the applicant will need to propose a rezoning for the property to a zoning
district tlut \\ill ailmv an entertainment \enue. B-3b Tourist Resort Commercial Service
District\, ill allow the use. subject to Board of Adjustment approval and B-2 General
Business District all<ms the use by right. The property abutting the subject property to
the west and south is zoned R-2 and the property to the north and east is zoned B-3a.
Other i,st:cs tl!e applicant would need :o address are parking. fire codes, and building
codes. Staff n:commendation is for the Commission to provide insight and comments
reuardin~ the use issues and cxistin12 conditions located a Emma's Bavhouse. but that due .__, ...... ...__, ., /
to the area and dimensional challenges and ,1,oning requirements. the subject site do~s not
appear appropri:.itc for a use as intense as an Entertainment Venue. Danny Calhoun
addressed the Commission on behalf of the applicant. He stated Fairhope has become a
popular ~L:stination and Ms. Rejczyk's business has eq)lved to what it is today and she
did not know she was in \iolation. ik said Emma·s Bayhousc provides a valuahie
service :md ~y!s. Rejczyk wants to continue. He noted they currently use off-site parking
and shuttk gucsts in and they have not \ ioiatcd the noise ordinance. Mr. Calhoun
explained! mma·'-> caters to small \\Cddings !101 huge crowds and is has a positive
January 7, 201_;
Planning Ccr1nm1ssin11 \1muk,<,;
economical impact on Fairhope and various other small businesses throughout tmvn. He
asked the Commission for their input on how to proceed. Mr. Turner stated this is case is
not a public hearing but he opened the floor to public comments.
Gene Labrato l 05 S. Mobile Street I le \Oiced concerns with the noise from Emma's
Bayhousc and stated the noise ordinance adoption was done wrong. He explained there
are more ways to measure noise than by decimals. He said he has made several
complaints regarding the noise and he has been mistreated by the Fairhope Police
Departml..'nt. He stated that due to Emma· s Bayhouse his blood pressure has been
affected. he has foot traffic through his yard. cars parking on the sidewalks. and it is a
nuisance and the site is not able to accommodate that type use.
Erik Cortinas COF Building Official He stated there are several Fire and Safety
Codes that must be addressed for Ms. Rejczyk to be able to continue an entertainment
venue use. He stated the building was originally designed as an R-3 and now as a mixed
use with residential and assembly the building must be fully sprinkled as well as the deck.
He said there are issues with ADA compliance, parking. and building occupancy
requirements. Mr. Turner opened the floor to the Commissioners for comments. Mr.
Charles asked why the zoning was changed and \fr. Cortinas responded it was due to the
design and Mr. Smith stated it was contiguous with B-Ja zoned property. Mrs. Fidler
stated the applicant has regularly set up chairs on the City's park prope1iy and left it all
weekend. She stated the City rents theses areas and the parklands have been damaged by
trucks and Pubiic Works has re-landscaped the areas and set poles along the perimeter to
keep vehicles out. She also stated concerns vvith the fire codes and parking. Mr. Clark
said a bed and hreakfast has morphed in to an entertainment site that has issues vvith the
fire code. noise. traffic and he is not in favor of changing the zoning and setting a
precedent. Mr. Moore stated it is a beautiful facility and if it were in a different location
it would be great for large events but he has seen the cars parked on the sidewalks and in
the street. I-k also stated concerns with ADA compliance and the fire codes. Mr. Turner
said Ms. Rejczyk does help promote Downtown and he does not have a problem with a
zoning change if the other issues can be resolved. Mr. Charles asked why the B-3a
zoning \\as abandoned and Mr. Smith responded the use evolved with the economic
demands. Mr. Wilson had concerns \vith parking and noise. Mr. Roberds said he did not
have a problem with a zoning change. \1L Mueller said a zoning change ,vill be an uphill
battle because it \\ill set a precedent on Mobile Street. Mayor Kant stated he has had
functions at Emma· s Bay house and everything was done very well. i le noted that the
events have gotten larger and that seems to be a problem. He recommended getting the
Board of 1\djustments and City Council's thoughts and come up with some creative
solutions. ML l urner stated the Planning Commission is just a rccummendation and the
City Council wiil han.'. the final decision. Mr. Caihoun said they \viii not continue using
City property and look for off-site parking and he thanked the Commission for their input
and comments.
Dick Charles moved to have a ...:onscnt agenda for cases liR i 3.01 and UR 13.02.
r • fi ' -• • 1 '1 n<l l • 1 } ~ • • d • 1 .,enrn er t·1cl er~ t 1e 1110110n am1 t 1e motion carne unarnmous y.
ll{ 13.01 Request of Mediarnm for an 11.52.11 Review and Approval of the
proposed underground instailation of approximately 3,873 lim.-a1· feet of CATV
cable, Biil Huggins. The proiL·ct will he throughout the :\lagnolia Commons
subdivisiun.
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Planning Commission Minutes
UR 13.02 Request of Mediacom for an 11.52.11 Review and Approval of the
proposed underground installation of approximately 603 linear feet of CATV cable,
Bill Huggins. The project will run along S. Mobile Street and Bay Pointe Court.
Jonathan Smith gave the staff reports saying the projects will consist of plowing,
directional and pneumatic boring, and placement of cable pedestals. Staff
recommendation is to approve conditional upon the following:
I. The applicant shll comply with the minimum requirements as stated by the
City of Fairhope Building Official and Code Enforcement Officer in the Staff
Report:
2. Any mechanical equipment should be painted Munsell green; and
3. All applicable City regulations shall be met.
Dick Charles moved to accept the staff recommendation to approve conditional upon the
following:
1. The applicant shll comply with the minimum requirements as stated by the
City of Fairhope Building Official and Code Enforcement Officer in the Staff
Report;
2. Any mechanical equipment should be painted Munsell green; and
3. All applicable City regulations shall be met.
George Roberds 2nd the motion and the motion carried unanimously.
UR 13.03 Request of Southern Light for an 11.52.11 Review and Approval of the
proposed installation of ODAS equipment, Andru Bramblett. The project will
consist of 16 locations throughout the Planning Jurisdiction, both inside and outside the
City limits. Jonathan Smith gave the staff report saying the applicant is proposing
approximately 6,203 linear feet of underground work, 870 linear feet of aerial work, and
fifteen new 35' poles. He stated the ODAS project is due to the density of population, an
aggregate system is required to provide service for all of the texting, photo sending, and
general phone demands of the area and basically, mini-cell towers will be installed. Staff
recommendation is to approve conditional upon the following:
1. The applicant shall comply with the minimum requirements as stated by the
City of Fairhope Building Official, the Code Enforcement Officer, and the
Electrical, Gas, and Water and Sewer Superintendents in the Staff Report;
2. Any mechanical equipment on the ground should be painted Munsell green.
If ne\V poles are approved, the brown color of the poles indicated in the
applicant's original submittal will be acceptable;
3. The applicant shall work with Jennifer Fidler, Erik Cortinas, and Dan
McCrory regarding any remaining comments they may have once they have
conducted site inspections of the specific locations;
4. The poles being placed as close as possible to side property lines within the
right-of-way to minimize potential obstruction impact to property owners and
also to minimize any negative visual impacts;
5. The project shall be in compliance with all aspects of Southern Light's current
Franchise Agreement with the City of Fairhope; and
6. The project shall be in compliance with all applicable City regulations.
Mr. Charles asked if there are measures in place to eliminate issues with poles at the
Grand Hotel and Mr. Smith responded yes, Right-of-way Permits will be issued to the
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January 7, 2013
Planning Commission Minutes
sites inside city limits and there is also a condition regarding pole location. Mrs. Fidler
noted that transformers should not be installed too close to the right-of-way because it
can cause issues with the large trucks. Mr. Moore asked if the residents will be notified
of the work and additional poles and Mr. Smith responded no. Mr. Turner asked if any
existing poles can be utilized for this equipment and Mayor Kant stated the City will
work with the applicant but some of the poles are Rivera's or other utility providers. He
stated this project will help with cell coverage Mr. Smith stated all of the parties are
working together on this project. Dick Charles moved to accept the staff
recommendation to approve conditional upon the following:
1. The applicant shall comply with the minimum requirements as stated by the
City of Fairhope Building Official, the Code Enforcement Officer, and the
Electrical, Gas, and Water and Sewer Superintendents in the Staff Report;
2. Any mechanical equipment on the ground should be painted Munsell green.
If new poles are approved, the brown color of the poles indicated in the
applicant's original submittal will be acceptable;
3. The applicant shall work with Jennifer Fidler, Erik Cortinas, and Dan
McCrory regarding any remaining comments they may have once they have
conducted site inspections of the specific locations;
4. The poles being placed as close as possible to side property lines within the
right-of-way to minimize potential obstruction impact to property owners and
also to minimize any negative visual impacts;
5. The project shall be in compliance with all aspects of Southern Light's current
Franchise Agreement with the City of Fairhope; and
6. The project shall be in compliance with all applicable City regulations.
George Roberds 2nd the motion.
Eric Daniels of Southern Light addressed the Commission saying there will be a total of
16 poles installed that will essentially be miniature cell towers which is why it cannot be
put underground. He stated they are designed to meet specific microwave requirement
and there are only two other places that use this system. The applicant's attorney, Kelly
McGriff, addressed the Commission saying there will only be 6 poles that will be inside
city limits and they will try to use existing poles if possible. Mayor Kant stated the
project extends all the way to County Road 1 which is why there are so many poles
proposed. There was discussion regarding what the color of the poles and equipment
would be painted. Mr. Smith stated the applicant will have to meet the County's color
requirements for the poles and equipment outside city limits but the City requires
Munsell green. Dick Charles amended his motion to include that all equipment on the
poles inside city limits shall be Munsell green. George Roberds amended his 2nd and the
motion carried unanimously.
SD 13.01 Public hearing to consider the request of A Peterson Company for
Preliminary and Final Plat approval of the Resubdivision of Lot 1, of Red Roof
Landing Farms, a 2-lot minor division, Derek Peterson. The subject property is
located south of Dominion Farm, just east of Mary Ann Beach Road ( a.k.a. County Road
27). Jonathan Smith gave the staff report saying the property is approximately 49.12
acres and is unzoned in Baldwin County with 2 lots proposed. Lot 1 is approximately
39.41 acres and Lot 2 is approximately 9.71 acres. Staff recommendation is to approve
as requested. Mr. Turner opened the public hearing. Leslie Edgemon was signed up to
speak but was not present. Mr. Smith stated he spoke with Mrs. Edgemon earlier in the
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Januan 7. 2U I.'.
Planning Commission \1inuk~
day and answered all of her questions and she had stated tlnt s:1c was fine with the
proposed development. Having no one else present to spe,il-:.. !',tr. Turner closed the
public hearing. Jean Wilson moved to accept the staff recc nn:cndation to approve as
requested. Tim Kant 2 nd the rnl)tion and the motion carried unanimously.
SD 13.02 Public hearing to consider the request of \Van ia Lee Beasley for
Preliminary and Final Plat approval of \V. L Beasley Subdivision, a 2-Iot minor
division, Bill Menas. The subject property is located on tLc v\ ~st side of State l·hvy. 181,
just south of State }h\ y. 104. Jonathan Smith gave the staff report saying the property is
approximately 2.87 acres and is unzoned in Baldwin Count:: v\ ith two lots proposed. He
stated the ctpplicant is requesti:1g a waiwr from Article V, S-..·ction E .. Lot Standards for a
75· lot frontage for unzoned prope1iy with \Vater but no sc, .:r. The lot has an unusual
configuration with lot frontage in two locations with a lot in lvvcen. The proposed Lot
2 has 166 I inear feet of frontage with an existing home on 1' .: property. With the
presence of the existing house :he 75 foot lot frontage is iu 1 cdcd. The Lot 1 frontage has
appr, 1.xim, ,cly 18 feet of lot frontage. The property has had ih:s same access frontage for
man:, years. Due to the configuration of the property. staff docs not have an issue with
access. St:dI recommendation is to approve contingent upon the following conditions:
1. ; he applicant shall provide a letter from the adjac:.'.nt property 0vvner stating that
they authorize the dri,eway and access across the:r property;
2. The applicant shall 1-c,ise fire flow note on the pl:· to be highly visible in a
larger and bolder font; and
3. 1\n aerial photograph with a topographic overlay ::,na· I be submitted.
Mr. ,'.loorc asked if the 18" frontage is sutfo.:ient for ingres/egress and Mr. Smith
resp nded yes. Mrs. Fidler asked if the County will approve the size of the curb cut with
the double driveway and Mr. ::-:mith stated it is a State right-of-way and they cannot deny
accc 0:s. l\k Turner opened the public hearing. Having no one present to speak, he closed
the public hearing. Dick Char ks mo\ ed to accept the staff r...:rnmmendation to approve
contingem upon the following conditions:
I. Ti1e applicant shall pruvide a letter from the adjac ,!l property owner stating that
Llcy authorize the <lri, ev,ay and access across the: property;
'"> The applicant shall r...:\ ise fire flcm note on the plat ti, be highly visible in a
hrger and bolder forn; and
.1. : •. n aerial photograph with a topographic ovcriay sha: I be submitted.
Bob ·iarL 2nd the motion and 1:1c motion carried unanimous!).
• -' 1 • " ' • j' I 2;;d b 1> b (' I k Hav1:1g no iurtner ousmcss. (.,, ;-y \1oore muvel! to a<.1Journ ;.11111 was y )0 ,ar •.
r..fotit,n p(.: :-;cd unanimously a:.d the meeting \\as duly adjourned at 6:04 P!vl.
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