HomeMy WebLinkAbout12-02-2013 Planning Commission MinutesDecember 2 , 2013
Pla nnin g Co mmission Minutes
The Planning Commission met Monday, December 2 nd , 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; Bob Clark;
Dick Charles; Councilmember Diana Brewer; Jonathan Smith, Planning Director; Nancy
Milford, Planner; and Emily Boyett, Secretary; Tut Wynne and Brad Smith, City
Attorneys.
Absent: Bernie Fogarty; Jennifer Fidler
Chairman Lee Turner called the meeting to order at 5:04 PM and announced the meeting
is being recorded. The minutes of the November 4 t11, 2013 meeting were considered and
Tim Kant moved to accept the minutes as written and was 2 nd by Dick Charles. Motion
carried unanimously.
Mr. Turner stated agenda item B. SD 13 .15 will be heard last tonight so the Commission
can go into Executive Session.
UR 13.13 Request of Preble-Rish, LLC on behalf of the City of Fairhope for an
11.52.11 review and approval of the proposed Fairhope Soccer Complex, Andrew
Bobe. The project will be located at the southwest corner of Manley Road and County
Road 13. Jonathan Smith gave the staff report say ing the Commission approved a layout
and it was forwarded to the City Council; however, the City Council kicked the project
back to be redesigned. The revised layout has the ingres s and egress for the proj ect along
County Road 13 and the storm water facilities, fi e ld configuration, and parking layout has
changed. Staff recommendation is to approve the proposed location, character, and
extent of the proposed City of Fairhope Soccer Field layo ut and design. Mr. Charles
asked if there will be overcrowding with all of the access being on County Road 13 and
Mr. Bobe responded the traffic study is p endin g and it may require one of the three
entrances be removed. Mr. Turner opened the floor for public co mments ; ho weve r, ther e
was no one present to speak. Tim Kant made a motion to accept the staff
recommendation to approve the proposed location, character , and extent of the proposed
City of Fairhope Soccer Field layout and design. Bob Clark 2 nd the motion and the
motion carried unanimously.
UR 13 .16 Request of the City of Fairhope Water and Sewer Department for an
11.52.11 review and approval of the proposed installation of approximately 900
linear feet of 3" HOPE sewer pipe, Dan McCrory. The project will run throughout the
Flying Creek Subdivision, a long Alice Lane and JV Cummings Lane. Jonathan Smith
gave the staff report saying the project will be installed b y directional bore. Staff
recommend ati o n is to approve as requested, subject to staff comme nt s li st ed in the staff
report. Diana Brewer mad e a motion to accept the staff recomm endation to approve as
req uested, subject to staff comments li sted in the staff report. Dick C harl es 2 11 the
moti o n and the motion carried una nimou s ly.
SD 13.16 Public hearing to consider the request of Preble-Rish, LLC for
Preliminary Plat approval of Sedgefield, Phase 3 and 4, a 36-lot subdivision, Steve
Pumphrey. The prope rty is lo cat ed on the west s id e of Thompson Hall Road acro ss
from Derb y Lane a nd Chukker Co urt . Mr. Smith g ave the staff report saying the property
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Planning Commi ss ion Minutes
is inside C ity limits and is zoned R-1 Low Density Single Family Residential Di strict.
This is a multi-phase development and the Master Plan was approved by the Planning
Commission on Apri l 2, 2005. Staff recommendation is to approve as requested. Mr.
Clark asked if the trees a l ong Thompson Hall Road wi ll be preserved and Mr. Smith
res ponded the app licant is working for max imum preservation . Mr. Bobe stated o nl y one
8" tree w ill be l ost for the entrance. Mayor Kant asked if the covenants in t he ex isting
phases wi ll be applicabl e for this phase and Mr. Bobe responded yes. Mayor Kant
suggested the driv eway locations be shown on the plat for the lots fronting Thompson
Hall Road. Mayor Kant and Mrs. Brewer questioned the sidewalks and Mr. Bobe and
Mr. Smith responded the sidewalks w ill be only along the subject property in an
easement behind the trees. Mr. Turner opened the public h earing.
Janet Reid waived her time.
Freddie Myers -387 Barndling Street -He has requested a copy of the master plan with
the new phase lines. He asked about the restrictive covenants and Mr. Turner answered
he wi ll need to speak to the developer.
John Mclnni s -404 Surtees Street -He was concerned with how the tree s on Thompson
Hall Ro ad will be saved.
Alex Correa-167 Sedgefield Avenue -He asked if the construction access will be from
Thompson Hall Road and not from Co unty Road 13 . He also asked if speed bumps will
be installed to keep the traffic slow.
Ro ger Cle me nts waived his time.
Having no one else prese nt to speak, Mr. Turner cl osed the public hearing. Mr. Bobe
addressed the public comments saying the tree preservation w ill b e coordinated at the
time of construction and the dri veways can be added to the plat; however, some
driveways may have to be shared in order to max imi ze preservation. Mr. Smith stated
the City has jurisdiction over the tree s in the right -o f-way so they will be protected. Mr.
Bobe stated it will not be a probl e m to hav e the construction entrance off of Thompson
Hall Road. He explained there will be two 4-way stops within 500' w hich wi ll help keep
th e traffic slowed. Mayo r Kant questioned the large width of the entrance and Mr. Bobe
responded the pave d lane will be the same a s the rest of the developme nt and only the
ri ght-of-way is widened. Tim Kant mad e a motion to accept the st aff reco mmend a tion to
approve and with the following conditi ons:
1. A ppli cant shall work with staff on traffic calming devices; and
2. Driveway locati ons shall be sho wn on the pla t for lots fronting Thompso n
Hall Roa d.
Dic k Charles 2 nd th e motion and the motion carried w ith the following vote : A YE -T im
Kant, Bob Clark, Lee Turner, Dick Charles, and Geor ge Robe rd s . NAY: None .
ABSTENTION: Diana Brewer.
SD 13.17 Public hearing to consider the request of HMR, LLC for Prelimina ry Plat
approval of Watershed South, a 10-lot subdivision, Tim Lawley. The property is
locate d on the west side of Battl es Roaci _iu st so uth of County Road 44. Mr. Smith gave
the staff report sa y ing the property is approximately 4.3 8 acres ins ide C ity limits and i s
zo ned Tourism Resort Distric t. He s tat ed the development is d esi gn ed to meet the
requirem e nt o f the TR District. Staff reco mm e nda tion i s to approve contingent upo n the
fo ll owing co nditions:
1. The applicant sha ll correc t a ll docume nts to refl ect a 1 O' front setback;
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2. The app licant sh all submit a fully executed O&M plan and agreement to be
recorded at final plat;
3. Staff asks the applicant for consideration in raising the wetland buffer signage
to a height of 4 ' to be clearly visible above vegetation. A note shall be placed
on the detail statin g the sign i s to be permanent;
4. The buffer requirements as stated in the City of Fairhope Subdivision
Regulations s hall be placed as a note on the plat;
5. Review and approval of the l andscape issues by Jennifer Fidler, City of
Fairhope Horticulturist;
6. A note shall be added to the construction bmp notes referencing that no red
soils/clay are allowed within 100 ' of wetlands , flood zone, or other critical
area. Kim Burmeister, Code Enforcement Officer's comment regarding
phased construction shall be incorporated into the construction documents;
and
7. Staff comments regarding the requirement for a Knox Box and SOS system if
the subdivision is gat ed shall be included in the construction plans.
Tim Lawley was present to answer any questions. He stated the construction will be the
same style as Phase One. Mr. Turner opened the pub lic he aring. Having no one present
to speak, he closed the public hearing. Mr. Charles asked if the applicant agrees to the 7
conditions and Mr. Lawley responded yes . Geor ge Roberds made a motion to accept the
staff recommendation to approve co ntingent upon the fo llowin g conditions:
1. The app li cant s hall correct all documents to reflect a 1 O' front setback;
2. The app li cant shall submit a fully executed O&M plan and agreement to be
reco rded at final plat;
3 . Staff asks the app li cant for co nsid eration in raising the wetland buffer signage
to a height of 4 ' to be cl earl y vi sibl e above vegetation. A note s hall be placed
on the detail stating the sign is to be permanent;
4. The buffer requirements as stated in the City of Fairhope Subdivision
R egulations shail be placed as a note on the pl at ;
5. Review and approva l of the landscape iss ues by Jennifer Fidler, City of
Fairhope Horticulturist;
6. A note sh all be added to the construction bmp note s referencing that no red
soils/clay are a ll owed within 100 ' of wet lands, flood z one, or other criti cal
area. Kim Burmeister, Code Enforc e me nt Officer's comment regarding
phase d construction shall be incorporated into the construction documents;
and
7. Staff comments regarding the requirement fo r a Knox Box and SOS system if
the s ubdi v ision is gated shall be included in t h e construction plans.
Dick Cha rles 2nd the moti on and the motion carried unanimousl y.
SD 13.18 Public hearing to consider the request of HMR, LLC for Final plat
approval of Battles Trace at the Colony, Phase 1, a 42-lot subdivision, Scott
Hutchinson. Th e property is located on the northeast s id e of Battles Road where Battles
Road turns to the north. Mr. Sm ith gave the sta ff report saying the prope rty is
approx imat ely 17.52 ac res inside City limits and is zoned Tourism R esort Di strict. Staff
reco mmend ati o n is to ap prove contingent upon t he fo llowing co nditions:
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Planning Co mmiss ion Minu tes
1. The submittal of restricti ve covenants addressing a ll requirements listed in the
TR District Ordinance, including but not limited to land scapi ng matters,
wetland buffer and li ghting;
2. Buffer si gnage and the we tland delineation fl ags shall be installed prior to any
land di sturbance activities;
3. A financial g uaranty and a subdivi sion bond agreement, acceptabl e to the City
of Fairhope, shall be submitted for street trees and walking pat hs proposed in
the s ubdiv ision;
4. The O&M Plan and Agreement shall be fully executed, recorded and a copy
shall be returned to t he City of Fairhope Planning Staff;
5. The approval of the landscaping, tree removal and entrance issues by Jennifer
Fidler, C it y of Fairhope Horticulturi st ;
6. A mainte nance bond and associated agreement in accordance to City of
Fairhope Code of Ordinances shall be provided;
7. The final agreements for Lot l A-C and Lot lD, of the Co lony at the Grand
shall b e submitted to City of Fairhope L egal Counsel for rev iew and approval;
and
8. The walking paths shall be ADA compliant unless the C ity Attorney specifies
otherwise.
Scott Hutchinson of HMR, LLC addressed the Commission sayin g the 2 bi ggest item s are
the bonds and clarification of materials for the walking paths . H e stated RSA is the
developer and they are not allowed t o issue bond s only letters of credit. Mr. Smith stated
th e trails are not required to b e ADA compliant throughout only at the intersection s.
Mayor Kant stated the TR District has its own land scaping require ments and he asked if
thi s de ve lopment meets tho se re quirements . Mr. Smith r es pond ed yes, thi s development
was onl y re v iewed against the TR Di strict re quirements . Mr. Turner opened the public
h earing. HaviDg no one present to speak, he clo sed the public hearing. Di ck Charles
made a motion to accept the st aff reco mmendatio n to approve contingent upon the
fo llowing conditions:
1. The submittal of restrictive covenants addressing a ll requirem ent s li sted in the
TR District Ordinance, including but not limited to land scaping matters,
wetland buffer a nd li ghting;
2 . Buffer signage and the wetland deline ation fl ags sh all be installed prior t o an y
land di sturbance ac ti viti es;
3. A financial g uaranty and a subdivision bo nd agreement, accepta bl e to the C ity
of Fairhope, shall be submitted for street trees and walking p aths proposed in
the s ubdiv ision;
4. T he O&M Plan an d Agreement shall be fully executed , recorded and a copy
s hall be returne d to the Cit y of Fairh ope Planning Staff;
5. The approval of th e landscaping, tree removal and entrance issues b y Jennifer
Fidle r, C ity of Fairhope Horticulturi s t;
6. A m aintenance bond a nd assoc ia ted ag reement in accordance to Cit y of
Fairhope Co de of Ordinances s ha ll b e provided;
7. The fin al agreements fo r Lot l A-C an d Lot lD, of the Co lo ny at the Grand
sh all be s ubmitted t o C ity of Fairhope Legal Co un se l for review and appro val;
and
8. Th e walking paths shall be ADA comp li ant unl ess the City Attorney sp ecifies
otherwise.
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George Roberds 2 nd the motion and the motion carried unanimously.
Brad Smith of Hand Arendall addressed the Commission and requested the Commission
go into Executive Session to discuss the litigation regarding the case of City of Fairhope
v. Gene Warhurst, Jr. et al. and the impact of that litigation on SD 13.15 White Avenue
Subdivision. Bob Clark made a motion that the Commission enter an Executive Session
no longer than 15 minutes to discuss the pending litigation regarding the referenced
property. George Roberds 2nd the motion and the motion carried unanimously.
The Commission exited the dais and entered Executive Session at 5:40 pm. The
Commission returned to the dais at 5:52 pm.
SD 13.15 Public hearing to consider the request of Preble-Rish, LLC for
Preliminary and Final plat approval of White Avenue Subdivision, a 7-lot minor
division, Mike Arnold. The property is located at the west end of White A venue and
runs along the bay. Mr. Smith gave the staff report saying this request is on behalf of the
Fairhope Sing le Tax Corporation and is pursuant to the October 22, 2013 Order of the
Honorable George K. Elbrecht, specially appointed Judge of the Circuit Comi of Baldwin
County in City of Fairhope v. Gene Warhurst, Jr. et al., CV-2007-900405. He stated the
application meets the requirements of that Order. Staff recommendation is to approve
contingent upon the following conditions:
1. A waiver being granted by the Planning Commission for the non-conforming
lot sizes, the location of the lots which do not front existing public right-of-
ways, and no building setbacks, with the restriction that no building
improvements are made to the lots;
2. A note shall be placed on the plat stating that a BMP plan shall be required for
landscaping improvements to the properties and the construction, repair, and
maintenance of a pier or wharf over Mobile Bay;
3. A note, prepared b y City of Fairhope Legal Counse l shall be placed on the
plat clearly explaining the responsibilities regarding bluff damage; and
4. Any necessary comments/notes by legal counsel regarding the exi sting bluff
infrastructure s hall be added to the plat.
Mike Arnold was present on behalf of the applicant to answer any qu estions. Mr. Turner
opened the public hearing. Having no one present to speak, he closed the public hearing.
George Roberds made a motion to approve the request as submitted w ithout the staff
recommendations and to accept the conditions as set fo1ih in the court order that ha ve
been agreed to by both s ides and th e judge. Dick Charles 2nd the motion and the motion
carried unanimous ly.
New/ Old Business
LID (Low Impact Development) -Mr. Smith stated Thompson Engineering will h ave a
presentation at next month 's meeting.
ComprehensiH Plan Updates -Mr. Smith stated the Comp Plan Com mittee will get
ki cked off after the first of the y ear and w ill have a meeting at the end of January.
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Sign Ordinance -Mr. Smith stated he has prepared a draft for the new ordinance that
will go to City Council for approval. Mayor Kant said he would like to see the new
ordinance come back to the Commission before it goes to the City Council and Mr. Smith
responded that would not be a problem.
Sidewalks -Mr. Turner stated concerns with existing subdivisions that still do not have
sidewalks completed. Mr. Smith said that is an issue that staff can look at and try to
come up with a so lution to help eliminate it in the future.
Having no further business, Dick Charles moved to adjourn and was 2nd by George
Roberds. Motion passed unanimously. The meeting was duly ad· urned at 6:02 PM.
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Lee Turner, Chairman
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