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HomeMy WebLinkAbout06-03-2013 Planning Commission MinutesJune 3, 2013 Planning Commission Minutes 1 The Planning Commission met Monday, June 3rd, 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; Dick Charles; Councilman Rich Mueller; Jonathan Smith, Planning Director; Nancy Milford, Planner; and Emily Boyett, Secretary. Absent: Bob Clark and Bernie Fogarty Chairman Lee Turner called the meeting to order at 5:03 PM and announced the meeting is being recorded. The minutes of the May 6, 2013 meeting were considered and Dick Charles moved to accept the minutes with one correction and was 2nd by Tim Kant. Motion carried with one abstention by George Roberds. Mr. Turner announced that Item E is going to be heard first tonight due to a conflict with a Boy Scout function. SD 13.07 Public hearing to consider the request of Preble-Rish, LLC for Preliminary and Final Plat approval of M.G. Neslon Estate Subdivision, a 3-lot minor division, Steve Pumphrey. Nancy Milford gave the staff report saying the property is located on the northeast corner of the intersection of US Hwy. 98 and County Road 34. The total site acreage is approximately 31.32 acres and three lots are proposed. Staff recommendation is to approve contingent upon the following condition: 1. Revision of the note regarding the easements to provide further clarification. Steve Pumphrey addressed the Commission and stated the subdivision is needed to carve off the large parcel for farming. Mr. Turner opened the public hearing and having no one present to speak, he closed the public hearing. Tim Kant moved to accept the staff recommendation to approve contingent upon the following condition: 1. Revision of the note regarding the easements to provide further clarification. Dick Charles 2nd the motion and the motion carried unanimously. LID (Low Impact Development) Progress Report, Cindy Roton of Thompson Engineering. Jonathan Smith explained this is a process that must be done as part of the approval for the Low Impact Development grant that the City received from ADCR. He introduced Cindy Roton, Steve O’Hearn, and Jim Griggs of Thompson Engineering and stated they will be giving an update on the Low Impact Development project the City has underway. Cindy Roton addressed the Commission and gave a powerpoint presentation regarding their preliminary review, findings, and recommendations. Mrs. Fidler asked if a list of incentives and examples of LID designs can be incorporated in to the final plan and Mrs. Roton responded yes, that will also be part of the education process. Mr. Charles explained the public needs to informed and shown that these measures are needed. Mr. Turner asked if this will apply to the extra-territorial jurisdiction and Mrs. Roton answered yes. Mr. Smith stated the City is already heading in the right direction by requiring 25% of all parking be pervious and the buffer requirements. He said the City is just getting started and this is only the first of several updates and presentations the Commission will have. ZC 13.02 Public hearing to consider the request of Bone Set II for a PUD Amendment to the Greeno-Gayfer Medical Park PUD, Joey Carter, MD. Jonathan June 3, 2013 Planning Commission Minutes 2 Smith gave the staff report saying the subject property is located in the City of Fairhope and zoned PUD. The property, referred to as the Greeno-Gayfer Medical Park consists of 3.97 acres and was rezoned form R-1 to PUD in 2007. The PUD zoning currently restricts the property use to medical facilities (orthopedic/sports medicine clinic and rehabilitation, OB/GYN office, women’s center, physician office/clinic and ancillary facilities). The applicant is requesting to change the PUD from strictly medical, to professional offices, including both government and professional offices. The applicant contends that this change in use is in compliance with the City’s Comprehensive Plan and will not affect the character of the area; as all of the improvements would be for interior space, with no changes to the exterior. Any signage for new tenants will be placed on the existing monument sign and will have less than 18 employees on site daily. The land use change will not negatively impact parking on the site. Staff recommendation is to approve contingent upon the following condition: 1. At least 50% of the gross floor are of the buildings within the PUD shall be used for medical facilities. Joey Carter, MD of Bone Set II addressed the Commission saying they have a possible tenant of the US Fish & Wildlife Service. He stated the request is only for the 2nd floor of the existing building on site. He explained the proposed tenant will have approximately 15 employees and will only be a daytime use. Dr. Carter said the proposed use will likely cause less impact to the flow than a medical facility. Mr. Turner opened the public hearing. Larry Stejskal – 60 N. Ingleside Street – He stated he was before the Commission 5 years ago asking them not to approve the original PUD but is was and now he wants to make sure the second tier, residential property is protected. He said the neighboring property owners want the City to require a 30’ green buffer and a pedestrian barrier along the western property line of the subject property to keep people out of their yards. He asked the Commission not to approve the amendment but if so, require the buffer and barrier. Debra Green – 415 Maple Street – She said that everybody tried to tell the doctors not to buy this piece of property and now they are trying to rezone to fill their empty space. She stated that with the medical uses already allowed there could be a meth clinic and now with governmental uses there could be a parole office. She explained that for years the property owners along Greeno Road have been trying to get something done with no avail. She said she has heard several rumors regarding this property and the City should wait until the Greeno Road Corridor is figured out. Mrs. Green read the following quote from the November 2006 Planning Commission minutes “Bob Clark spoke saying that he had really struggled with this and when he had asked for advice from the Mayor on issues he never told him how to vote but said weigh all the issues, what is best for the area and community; that the medical community is clean industry and a big employer and vote your conscious; he feels that this area is going to be commercial and this is the best use for it.” Having no one else present to speak, Mr. Turner closed the public hearing. Mr. Charles asked if the Fish & Wildlife Service could have helped if they had been here during the oil spill and said that is something to consider. Mrs. Green said the Fish & Wildlife Service have an office at 5 Rivers on the causeway. Mrs. Fidler said she remembered the buffer being a requirement and if it is there. Mr. Smith responded the buffer and fence is a condition of the PUD and it will be required upon the construction of the second building on the property. He stated the amendment will not allow B-2 General Business uses but the applicant is requesting approval for some B-4 Business & Professional uses June 3, 2013 Planning Commission Minutes 3 and not even all of the allowable B-4 uses. Mr. Smith explained the Greeno Road Corridor will be a major topic of the forthcoming Comprehensive Plan updates and there will be plenty of public input and involvement. Mr. Roberds asked for explanation of why the applicant is requesting 50% and he asked how much space the potential tenant will need. Mr. Smith explained the applicant did not request a percentage but staff recommended 50% to maintain the spirit of the initial PUD approval. Mr. Roberds suggested lowering the percentage for the professional and governmental uses and restricting it to only the first building. Mr. Smith stated staff would be in favor of lowering the allowable percentage and the building restriction. Mr. Charles asked why the Fish & Wildlife Service needs this space if they have any office at 5 Rivers and Mayor Kant responded it is a different part of the agency and they will be working on the Restore Act. Mr. Turner questioned the pedestrian trespassing from the subject property and asked if there have been any complaints. Mr. Smith stated he is not aware of any but that would be a matter for the police department. Mr. Roberds suggested the Commission require the fence be installed at this time. Mrs. Fidler and Mr. Smith stated the neighbors did not want the fence installed until the construction of the second building because they did not want the natural buffer disturbed. Mr. Roberds asked Mr. Stejskal if he wanted the fence built now. Mr. Stejskal said he has had several conversations with Mr. Smith about people cutting across the neighbor’s backyards and Mr. Smith responded he was only speaking about the Greeno-Gayfer Medical Park site and not Mr. Stejskal’s property abutting the old Food World site. Mr. Stejskal stated his does not have a problem with the fence not being put up as long as the site remains as it is and he would prefer the natural buffer that is there to be left alone. Mr. Smith explained he has met with and discussed pedestrian trespassing with Mr. Stejskal but not in regards to this site. He said he has been working with CPSI on Mr. Stejskal behalf to have a dilapidated fence repaired on that property but he is unaware of any cut through problems at the Greeno-Gayfer Medical Park site. Tim Kant made a motion to accept the staff recommendation to approve contingent upon the following condition: 1. A maximum of 25% of the gross floor are of the first building within the PUD shall be used for professional office and governmental office use. Dick Charles 2nd the motion and the motion carried unanimously. Dick Charles made a motion to have a consent agenda for Items C and D. Rich Muller 2nd the motion and the motion carried unanimously. SD 13.06 Public hearing to consider the request of Jade Consulting, LLC for Preliminary and Final Plat approval of 52 N. Church Street Subdivision, a 5-lot minor division, Trey Jinright. SR 13.02 Request of Jade Consulting, LLC for Site Plan approval of 52 N. Church Street, a 5-unit mixed use development, Trey Jinright. Jonathan Smith gave the staff reports saying the property is located on the east side of Church Street, just north of Magnolia Avenue. The subject property is located in the City of Fairhope and is zoned B-2, in the Central Business District. The applicant is proposing a 5-unit mixed use development, consisting of 5 lots that will allow for commercial and residential uses. The applicant is proposing a private drive and is requesting a waiver to Article V, Section E (3) of the Subdivision Regulations requiring June 3, 2013 Planning Commission Minutes 4 that all lots shall front upon a publicly maintained right-of-way. Mr. Smith stated the applicant is attempting to obtain a legal ingress/egress easement agreement for the adjacent property owner of the private drive on the north side of the property is one way; however, if the applicant is unable to obtain the easement then the private drive shall be modified to 20’ wide to allow adequate space for two way traffic. Mr. Smith explained that drainage has been provided due to the volume of storm water moving through the property and has been designed to protect the trees on the property. The applicant has worked with staff regarding the 8’ sidewalk requirement by maintaining the requirement for the majority of the frontage and minimizing the potential impact round the existing significant tree at the front of the lot by varying the sidewalk with in the tree area. The applicant is proposing “home occupation” as their commercial component of their mixed use project and staff is not sure if this meets the spirit of the ordinance’s intent of a commercial component requirement. Staff recommendation for SD 13.06 is to approve contingent upon the following conditions: 1. The submittal of a low model meeting the approval of the Water & Sewer Superintendent, Dan McCrory; 2. The submittal of an ingress/egress easement or the applicant shall provide a two way 20’ wide private drive aisle in the site plan design; 3. The engineer of record shall provide an engineer’s certification in writing that the Single Wing “S” inlet is properly sized to account for all the drainage that comes form the Magnolia Street side of the property and that the wall will not cause any water to backup or dam up on the neighboring property. The certification letter shall be signed and sealed by the Engineer of Record and submitted prior to the issuance of a building permit; and 4. The applicant shall revise the construction drawings with regards to accurate sizing of the water line and the related issues for Dam McCrory’s review and approval. The applicant shall comply with all applicable water and sewer standards. Staff recommendation for SR 13.02 is to approve contingent on the following conditions: 1. The applicant shall provide a commercial use that meets the intent of the Mixed Use requirements; 2. The applicant shall provide a construction detail of the fencing/screening in the construction drawing, prior to issuance of a building permit; 3. The applicant shall provide off-site tree mitigation and tree protection fencing acceptable to the City of Fairhope Horticulturist; 4. The submittal of a legal ingress/egress easement agreement or the applicant shall provide a two way 20 foot private drive aisle in the site plan design; 5. The applicant shall revise the construction drawings with regards to accurate sizing of the water line and the related issues for Dan McCrory’s review and approval. The applicant shall comply with all applicable water and sewer specifications. 6. The applicant shall provide an engineer’s certification in writing that the drainage inlet is properly sized to account for all the drainage that comes from the Magnolia Street side of the property and that the wall will not cause any water to backup or dam up on the neighboring property. Trey Jinright of Jade Consulting addressed the Commission on behalf of the property owner. He stated he has reviewed the conditions for the plat and is in agreement with them. He explained the applicant has not been able to obtain the easement from the June 3, 2013 Planning Commission Minutes 5 adjacent property owner so the plans have been revised to show a 20’ wide easement. He provided a revised plat and site plan to the Commissioners. Mr. Jinright stated he has reviewed the conditions for the site plan and he is in agreement with them. He explained the building footprints have been reduced to allow for the 20’ wide access easement. It will be an 18’ wide drive way aisle but will narrow to 12’ wide to protect the large oak tree on the property; however, that portion will only serve two units. He also stated the water line has been revised to meet that condition. Trey Corte addressed the Commission on behalf of the applicant saying initially they only wanted residential units on this property due to the location and the building codes. However, Mr. Smith informed him there must be a commercial component because it is zoned B-2 and in the CBD. Mr. Corte asked if these could be townhomes to eliminate the commercial use aspect of this proposal or allow the “home occupation” as the commercial component. Mr. Smith responded this request is technically multi-family and townhouses must have a minimum lot area and may be possible for this site but this project has not been reviewed for townhouses because this is the first time this has been mentioned so the project would need to be re-reviewed. Mr. Corte stated he does not want to delay the project so he asked the Commission to consider a “home occupation” as an acceptable commercial use. Mr. Turner stated there are lots of parcel in the downtown area that there have been commercial and are now residential and maybe an attorney’s office would work in this location. Mr. Turner opened the public hearing. Al Johnson – 215 Magnolia Avenue – He stated concerns with on-street parking, the number of buildings, and drainage. He also commented on the oak tree. Mr. Smith responded the parking will be provided on the site and not on the street and he explained there will be five units but only three buildings. Mr. Jinright addressed Mr. Johnson’s comments regarding the oak tree and drainage saying the oak tree will be protected and the drainage will be handled underground. Mr. Johnson was satisfied with the responses and stated he has no problems with this project. Frank Hollon – 51 N. Church Street – He stated he appreciates the developer trying to keep the site residential and he hopes the City will allow the project without commercial. Having no one else present to speak, Mr. Turner closed the public hearing. Mr. Charles asked if they are losing parking by widening the drive aisle and Mr. Jinright responded no the parking will still be under the buildings and they have moved the poles and changed the spanning for the buildings. Mr. Smith stated the site exceeds the parking requirements. Mrs. Fidler asked if the tree protection plans remain in place with this revised design and Mr. Jinright responded yes. Mrs. Fidler asked if staff is okay with the new proposed site plan that was presented tonight and Mr. Smith responded yes but it will need to be reviewed when all of the details have been submitted. He stated he is okay with a “home occupation” serving as the commercial use so the buildings can be built to the 35’ as proposed, the emergency access has been provided, and the oak tree is being saved. Mr. Turner stated he likes the layout but is concerned with pushing the commercial component with the layout on Church Street and due to the lack of on-street parking. Mr. Smith stated he is only enforcing the City’s Zoning Ordinance and it requires commercial with this design. Mayor Kant stated staff needs to verify the clearance for the drive aisle meets the requirements so emergency vehicles will have access. Mr. Jinright responded the clearance will be maintained and stated the building are also sprinkled. Mr. Roberds asked if the site will be developed all at once and Mr. Jinright responded no, it will be done in phases. Mr. Turner asked the applicant to be conscience of the noise during construction. Mrs. Fidler asked what the building height June 3, 2013 Planning Commission Minutes 6 is and Mr. Smith responded 30’ if it is residential only but 35’ if the commercial use is utilized. Dick Charles made a motion to accept the staff recommendations for SD 13.06 and SR 13.02. Staff recommendation for SD 13.06 is to approve contingent upon the following conditions: 1. The submittal of a low model meeting the approval of the Water & Sewer Superintendent, Dan McCrory; 2. The submittal of an ingress/egress easement or the applicant shall provide a two way 20’ wide private drive aisle in the site plan design; 3. The engineer of record shall provide an engineer’s certification in writing that the Single Wing “S” inlet is properly sized to account for all the drainage that comes form the Magnolia Street side of the property and that the wall will not cause any water to backup or dam up on the neighboring property. The certification letter shall be signed and sealed by the Engineer of Record and submitted prior to the issuance of a building permit; 4. The applicant shall revise the construction drawings with regards to accurate sizing of the water line and the related issues for Dam McCrory’s review and approval. The applicant shall comply with all applicable water and sewer standards; and 5. The applicant shall add a note to the plat stating a 20’ clearance shall be maintained along the drive aisle for emergency vehicle access. Staff recommendation for SR 13.02 is to approve contingent upon the following conditions: 1. The applicant shall provide a commercial use that meets the intent of the Mixed Use requirements; 2. The applicant shall provide a construction detail of the fencing/screening in the construction drawing, prior to issuance of a building permit; 3. The applicant shall provide off-site tree mitigation and tree protection fencing acceptable to the City of Fairhope Horticulturist; 4. The submittal of a legal ingress/egress easement agreement or the applicant shall provide a two way 20 foot private drive aisle in the site plan design; 5. The applicant shall revise the construction drawings with regards to accurate sizing of the water line and the related issues for Dan McCrory’s review and approval. The applicant shall comply with all applicable water and sewer specifications; 6. The applicant shall provide an engineer’s certification in writing that the drainage inlet is properly sized to account for all the drainage that comes form the Magnolia Street side of the property and that the wall will not cause any water to backup or dam up on the neighboring property; and 7. The applicant shall add a note to the site plan stating a 20’ clearance shall be maintained along the drive aisle for emergency vehicle access. Rich Mueller 2nd the motion and the motion carried unanimously. SD 13.08 Public hearing to consider the request of Hutchinson, Moore, and Rauch, LLC for Preliminary Plat approval of Saddlewood Subdivision, an 84-lot division, Tim Lawley. The project is located on the south side of Manley Road, just east of Southland Place Subdivision. Jonathan Smith gave the staff report saying the property is in Baldwin County and is unzoned. The total acreage of the development is June 3, 2013 Planning Commission Minutes 7 approximately 30.74 acres with two phases and a total of 84-lots proposed. Staff recommendation is to approve the request conditional upon the following: 1. The applicant shall add a note to the plat regarding the future through street sign requirement for Phase II; 2. The details of the traffic calming device shall be provided for approval by the City of Fairhope Public Works Director; 3. The proposed walkway and sidewalks shall be made ADA compliant; 4. The applicant shall provide rear lot line easements meeting the requirements of the City of Fairhope Subdivision Regulations; 5. The applicant shall work with the City of Fairhope Horticulturist on the street tree plan placement and/or tree species to obtain an approved street tree plan; and 6. A sidewalk shall be installed on Manley Road. Tim Lawley was present to answer any questions. Mayor Kant questioned the drainage and Mr. Lawley responded all of the drainage pipes will be in the right-of-ways and they will follow the natural flow of the property to the southeast. Mayor Kant asked if a fence will be installed along the lots of Southland Place and Mr. Lawley responded no, they are leaving it up to the individual home owners. Mayor Kant and Mrs. Fidler stated concerns with the traffic and street design. Mr. Smith explained the applicant has worked with staff to put in traffic calming devices and pedestrian accesses. Mayor Kant and Mr. Turner stated concerns with the pond being located in the greenspace and the location of the greenspace. Mr. Smith responded the greenspace requirements have been met without the pond as part of the calculations. Mr. Lawley and Mr. Smith explained the pond has been designed to be an asset to the greenspace as natural feature. Mr. Turner opened the public hearing. Nancy Myers – 185 Pemberton Loop – She stated concerns with traffic on Manley Road with the schools and she asked about the builder and the removal of the trees. James Scott – 8751 County Road 34 – He stated concerns regarding drainage and flooding for the existing houses downstream of the subject property. Having no one else present to speak, Mr. Turner closed the public hearing. Mr. Turner stated the subdivision regulation require the post development water be less than the pre-development rate for run-off. Mr. Lawley explained the drainage route and stated the pond and drainage plan exceeds the City’s requirements in the Subdivision Regulations. He addressed the public comments regarding traffic saying a traffic study was done and the site does not warrant turn lanes even during peak school traffic hours. He stated the trees on the property will be the responsibility of the individual homeowners. Dick Charles made a motion to accept the staff recommendation to approve the request conditional upon the following: 1. The applicant shall add a note to the plat regarding the future through street sign requirement for Phase II; 2. The details of the traffic calming device shall be provided for approval by the City of Fairhope Public Works Director; 3. The proposed walkway and sidewalks shall be made ADA compliant; 4. The applicant shall provide rear lot line easements meeting the requirements of the City of Fairhope Subdivision Regulations; 5. The applicant shall work with the City of Fairhope Horticulturist on the street tree plan placement and/or tree species to obtain an approved street tree plan; and June 3, 2013 Planning Commission Minutes 8 6. A sidewalk shall be installed on Manley Road. Rich Mueller 2nd the motion and the motion carried unanimously. Public hearing for the project scope of the City of Fairhope Transportation Alternatives Grant request, Stacy McKean. Jonathan Smith explained this is a formality for the Transportation Alternatives Grant and in order to proceed with the applications the City is required to have a public hearing. Mr. Smith introduced the City’s grant consultant, Stacy McKean; and Andrew James and Randy Davis of Volkert. Ms. McKean addressed the Commission saying this is an ALDOT grant for sidewalks, trails, and bicycle striping and lane and the grant will cover up to $400,000. Andrew James addressed the Commission saying they started by looking at the area and the scope for what area the City is trying to connect. He explained the proposed route will run from Hwy. 104 to Rock Creek and the preliminary cost estimate is $580,000. Mr. Turner asked if this requires any action by the Commission and Mr. Smith responded no. Mayor Kant stated the sidewalk will be located in the utility easement and will connect Rock Creek to town. Mr. Smith stated the project will be an 8’ asphalt multi-use path. Ms. McKean said the grant will be before the City Council on June 24, 2013 and it is due on June 28, 2013. New / Old Business Having no further business, Dick Charles moved to adjourn and was 2nd by George Roberds. Motion passed unanimously and the meeting was duly adjourned at 7:07 PM. ____________________________ ________________________ Lee Turner, Chairman Emily Boyett, Secretary