Loading...
HomeMy WebLinkAbout05-06-2013 Planning Commission MinutesMav6. 2013 Planning Cc,mmission ,\Jinuks The Planning Commission met Monday, May 6th, 2013 at 5:00 PM at the City Municipal Complex, 161 N. Section Street in the Council Chambers. Present: Lee Turner, Chairperson; Tim Kant; Jennifer Fidler; Bob Clark: Bernie Fogarty Dick Charles; Councilman Rich Mueller; Jonathan Smith, Planning Director: Nancy Milford, Planner: and Emily Boyett, Secretary. Absent: George Roberds, Vice-Chair Chairman Lee Turner called the meeting to order at 5:01 PM and announced the meeting is being recorded. The minutes of the April 1, 2013 meeting were considered and Dick Charles moved to accept the minutes as written and was 2nd by Bob Clark. Motion carried with one abstention by Bernie Fogarty. Mr. Turner introduced Bernie Fogarty and announced he is the newest Commissioner and welcomed him. IR 13.02 Request of Oscar Anez for an Informal Review of 20252 State Hwy. 181 for rezoning from R-A Residential/Agricultural District to B-2 General Business District, Joe Courtney. Jonathan Smith gave the staff report saying the property is located on the east side of State Hwy. 181 just south of the intersection of Fairhope A venue and State Hwy. 181 and consist of approximately 2. 79 acres. The property is bordered to the north by unzoned property (Wal-Mart), to the west by State Hwy. I 81 and PUD zoned property that will consist of 6 or 7 businesses if built. to the south and east by Residential/ Agricultural zoned property. Mr. Smith stated there is an access management plan for State Hwy. 181; therefore, property access issues will be regulated by that plan at the time of site plan review or building permit application. Staff has concerns that rezoning this property will have an effect on the future trend of development in this area. The 181 Corridor will most likely be a topic of discussion during the future Comprehensive Plan review and revision process. Staff recommends the Commission provide insight and comments regarding the proposed zoning change. Joe Courtney of Courtney Morris Appraisal and Real Estate addressed the Commission on behalf of the applicant. He explained the applicant is proposing to rezone his property to B-2 General Business District and the properties along Hwy. 181 are already moving toward a commercial flavor as the state continues to widen Hwy. 181. He stated there is an old. dilapidated single family structure on the property currently and the widening of Hwy. 181 will take out the structure so it is ofno value. Mr. Charles asked if the applicant has spoken to Wal-Mart for the possible expansion or a possible sateliite office and Mr. Courtney responded no, they haw not Mayor Kant stated there will only be one out parcel left after \forphy Oil builds the proposed gas station: however. Wal-Mart will be proposing more lots eventually and he asked if the applicant has considered a B-4 Business and Professional Office District. !\fr. Courtney responded his has not discussed any other commercial zoning designations but B-2 would allow more options, be more marketable. and possibly a greater return on his investment. Mr. Smith stated the Comp. Plan currently pinpoints this area as a neighborhood village center and Wal-Mart already exceeds the commercial square footage. Mayor Kant asked about road improvements and traffic issues. ""vk Smith responded a traffic study '.vouid be required for the site at time of site plan; however. he is not sure of AU)OT. s plans because they have changed several times. Mr. !\fueller asked if the City makes more money off a commercial \fa} 6. 2013 Plann111g Commission Minutes property as opposed to residential/agriculture and Mayor Kant responded not on utilities but with property taxes. Mr. Charles suggested speaking with the neighbors to get their consensus as to what they would like to see in the area. Mr. Turner stated Hwy 181 is at the beginning of development he wants to see it done correctly. He said the Comp. Plan calls for commercial and high density around the commercial so he doesn't have an issue with this property being commercial but he would like to see a PUD where there is more control. He referenced the Ogden A venue Corridor Plan that was discussed at the AP A Conference and said he would like for a plan to be approved to give guidance as to how H,vy. 181 should be developed. Mr. Fogarty stated there is a lot of traffic but the area is growing and will eventually be commercial so the City should be smart and protect the residential properties. Mr. Clark said he agrees with everyone· s comments so far and there should be input from the community and this is an opportunity to start fresh. Mrs. Fidler stated there is a lot of unzoned property in this area that could be anything. She also said the Commission denied commercial zoning to another parcel in this area approximately two years ago. Mayor Kant stated the City has worked hard to get what we have and we should study this and take the time to do it right Mr. Charles stated this area could fall into the same trap as northern Greeno Road if the City is not careful. UR 13.04 Request of Southern Light for an 11.52.11 Review and Approval of the proposed installation of approximately 2,917 linear feet of fiber optic cable for Hartmann, Blackmon & Kilgore, John Hixson. The project will run along the east side of Section Street from Gayfer A venue to Volanta A venue to service Hartmann, Blackmon & Kilgore at 708 N. Section Street. Jonathan Smith gave the staff report saying the project will consist of 2,911 linear feet of aerial fiber optic construction and 6' of underground construction with the placement of two hand holes. He also explained the applicant is allowed by the City's Code of Ordinances to be overhead if there is already existing overhead. Staff recommendation is to approve conditional upon the following: I . The applicant shall comply with the minimum requirements as stated by the City of Fairhope Building Official. code Enforcement Officer, and the Electrical, Gas, and Water and Sewer Superintendents in the Staff Report. 2. Any mechanical equipment should be painted Munsell green. 3. The applicant shall sign all drawings submitted. John Hixson was present to answer any questions. Mayor Kant asked which poles they would be attaching to and Mr. Hixson responded the existing poles on the east side of Section Street. Mayor Kant said the City is looking at putting those lines underground within the next 5 years and asked who will pay for these lines to be installed underground and Mr. Hixson responded Southern Light will pay for it. Dick Charles moved to accept the staff recommendation to approve with the following conditions: I. The applicant shall comply with the minimum requirements as stated by the City of Fairhope Building Official, code Enforcement Officer, and the Electrical, Gas, and Water and Sewer Superintendents in the Staff Report. 2. Any mechanical equipment should be painted Munsell green. 3. The applicant shail sign all drawings submitted. 4. The applicant shall provide a written agreement to pay the cost of installing their line underground. Jennifer Fidler 2nd the motion and the motion carried unanimously. May6,2013 Plannmg Comm1s,ion \1inutcs UR 13.05 Request of Mediacom for an 11.52.11 Review and Approval of the proposed underground installation of approximately 3,824 linear feet of CA TV cable throughout the Magnolias Subdivision, Bill Huggins. Jonathan Smith gave the staff report saying the project will consist of plowing, directional and pneumatic boring, and placement of cable pedestals. Staff recommendation is to approve conditional upon the following: 1. The applicant shall comply ,vith 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. Bob Clark moved to accept the staff recommendation to approve conditional upon the follo,ving: 1. The applicant shall 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 afplicable City regulations shall be met Dick Charles 211 the motion and the motion carried unanimously. Bernie Fogarty stated he has a conflict with case SR 13.01 and left the room. SR 13.01 Request of Walcott, Adams & Verneuille for Site Plan approval of25 S. Section Street, a mixed use development, Mac Walcott. The project is located on the east side of Section Street, just south of Fairhope A venue (the old Objects building). Jonathan Smith gave the staff report saying the property is zoned B-2 General Business District and is located within the Central Business District (CBD). The applicant is proposing a 35' three story, mixed use building consistent with the current zoning. The applicant has two possible floor plans. one with three commercial units and two residential units; and one with two commercial units and two residential units. Both of the proposed plans feature residential on the upper floors and commercial belovv. Mr. Smith stated the applicant is requesting a waiver from the requirement of 8' sidewalks in the CBD due to requirement placing a peculiar aesthetic and waterproofing challenge for adjacent building and that nearly all of the existing buildings in the part of the CBD do not meet the 8' sidewalk requirement. Staff recommendation is to approve contingent upon the following conditions: 1. The installation of an 8' sidewalk. 2. Kim Burmeister' s additional comments being added to the construction drawings. Mac Walcott addressed the Commission saying the design of the building has two inserts that provide more than the 8' width in those areas. He stated that in order to achieve the intent of the ordinance it anticipates that a lot of the great Fairhope buildings will be lost. Mr. Charles asked what would decide whether the building will be 312 or 2/2 and Mr. Walcott responded leasing and a market study. Mr. Clark asked for clarification on the waterproofing issues and Mr. Walcott explained the northwest corner of the building is where all of the water flov.s and setting the building back a foot will create a hardship for the adjacent properties and will be a design challenge. :\1ayor Kant asked what width is proposed frx the sidewalk and Mr. Walcott responded T v,ith t,vo insets that \vill give more area than the 8' that the ordinance is requiring. Mayor Kant questioned the location 3 May 6. 2013 Planning Comn11ssion \imutes of the balcony posts and lighting under the balcony. Mr. Walcott responded the posts will be right behind the curb and there are currently two street lights on either side of the proposed balcony which will remain and indirect lighting will be installed underneath. Mr. Smith stated staff has been flexible with applicants in the past regarding sidewalk widths and with the inserts he feels that the City's intent is met with this design. Mayor Kant stated there is a crosswalk in front of this site and the City is getting ready to install a landing onto Section Street and Mr. Walcott stated it will not be an issue. Mr. Charles asked if there will be an elevator and Mr. Walcott responded there is plenty of room for one. Mrs. Fidler asked if there will be enough room for to allow vehicles in the parallel parking to open their doors and Mr. Walcott responded yes they will work the location of the poles to the parking spaces. Tim Kant moved to accept the staff recommendation to approve the site plan and the waiver from the s· sidewalk requirement and forward a favorable recommendation to the City Council. Bob Clark 2nd the motion and the motion carried unanimously. Mr. Mueller stated for the record the granting of the waiver was due to over fifty percent of the building will have more width than is required. Mr. Smith stated the City's ordinances are not in place to prohibit historic preservation efforts. Bernie Fogarty re-entered the room. New/ Old Business Mr. Smith stated there is a very informal review for a citizen regarding the possible subdivision of an estate settlement and he would like to get the Commissioner's input. He provided the Commissioners with a sketch plat of the property. Mr. Smith stated the property is outside city limits and with the current configuration one of the proposed lots does not meet the City's requirements for unzoned lots. He stated the Subdivision Regulation requires 75' width of frontage upon a publicly maintained right-of-way and the proposed lot would only have 62.33' of access for an eight acre parcel. Mr. Clark asked the total acreage of the site and Mr. Smith responded ten acres with two I acre lots and one 8 acre lot. Mrs. Fidler asked if the lot could be accessed by Gayfor Road Extension and Mr. Smith stated that right-of-way is not open. Mr. Turner stated he would not be opposed to the configuration since the 62' would only serve as an access for multiple lots if further developed. Mr. Fogarty asked why the requirement is 75'and Mr. Smith responded it is the same as the County's require for unzoned lots. Mayor Kant suggested placing the condition that the 62' cannot be built on and Mrs. Fidler stated the substandard lots should not be allowed unless there is a hardship and the City should uphold the requirements of the Subdivision Regulations. Mr. Turner stated an existing building will have to be tom down in order to meet the regulations. Mr. Clark asked if the County were to allow the proposed configuration would the City and Mr. Smith responded no, the City's regulations will stand. There was discussion regarding right-of- way widths and it was suggested to reduce to 62' to 50' to clearly show that it is for access only. Having no further business, Dick Charles moved to adjourn and was 2nd by Tim Kant. Moti:n passed un~~ was duly adjourn :02 PM 4