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HomeMy WebLinkAbout01-06-2014 Planning Commission MinutesJanuary 6, 20 14 Plannin g Commi ss ion Minutes The Planning Commission met Monday, J an uary 6tl1, 20 14 a t 5:00 PM at the City Muni c ip al Complex , 16 1 N. Sectio n St reet in the Council C ham be rs. Present: Lee Turn er, Ch a irperson; George Ro be rds, V ice-Chair; T im Kant; Bob Clark ; Dick Charles ; Bernie Fogarty; Jennifer Fidler Councilmember Diana Brewer; Jonathan Smith, Planning Director; Nancy Milford, Planner; and Emily Boye tt, Secretary A b sent: No ne Chairm an Lee T urner call ed the meetin g to order at 5:00 PM and announ ce d the m eeting i s being recorded. The minutes of the December 2nd , 2013 meeting were considered and Dick Charles moved to accept the minutes as written and was 2nd by George Ro be rds. Motio n carried w ith abstentions by Bernie Fogarty and Jennifer Fidler. SD 14.01 Public hearing to consider the requ est of HMR, LLC for Final Plat approva l of Saddlewood, Phase 1, a 34-lot subdivision, Tim Lawley. T he property is loc ated on th e so uth side of Manley Road , just east of Southland P lace S ubdi vision. Mr. Smith gave the staff report saying the property was unz oned a t the time of preliminary plat but has since been annexed into the Cit y as R-1 Low Density Single Family R es identia l District. Staff recomme nd ation is to approve contingent upon the followin g conditions: I. A fin a l inspection that is satisfactory to a ll app licab le C ity Depaitment Supervisors; 2. All Cit y of Fairhope light ing requirem ents sha ll be sati sfi ed; 3. Th e submitta l, prior to issuan ce of the building permit, of financ ial guaranty(s) and subdivision agreement for any work not completed at the time of the Planning Co mmission meeting. The financial guaranty packet s hall include the subdiv isio n agreement, t he letter of c re dit(s) and th e e n gineer 's cost estimate(s) for p ending wo rk to be co mpleted; 4 . Prior to t h e issuance of a building permit, the app li cant shall sub m it to the Cit y of Fairhope a fully execut ed maintenance bond and maint enance bond agreement; 5. T he Operations and Maintenance p la n shall be recorded prior to issuance of building permits; 6. The GIS data and fire hydrant requirement s shall meet the approval of Dan McCrory, Water and Sewer Superinte ndent. T im Lawley was present for the applicant to answer a n y questions. Mr. Turner opened the publi c hearing . Virgil Decker -197 Pem berton Loop -He stated concerns with t he traffic becau se of th e sch oo l , existing subdiv is ions, proposed soccer fie lds and th e lack of traffic lights or turn lane s . He al so asked w h o the builder wi ll be. Mr. Smith respo nd ed t he City had a traffic analysis in 2008 and a new ana lys is is being done th at w ill include this area to be studied. Mrs . Fid ler said s he thoug ht the eng in eer said a traffic li g ht was not needed. Mr. Smith stat ed the s ub division did not warrant any improvements but t h e C ity is h aving the analys is done for all of the other development s in the a rea. Mr. C harles asked w hy the property is R -1 no n-conforming and Mr. Smith stated at the time of preliminary p lat the property was unzo ned and does not m ee t the minimum lot st a ndards for R-1. He stated the Commi ss io n recently ch anged the lot standard re quirement to e li minate thi s issue . Mr. Turne r stat ed th e C ommiss ion does not know who th e builde r w ill be . Having no o ne e lse present to sp eak, Mr. Turne r closed January 6, 20 14 Planning Co mmiss ion Minutes the public hearing. George Roberds made a motion to accept the s taff r eco mme ndati on to approve contingent upon the following conditions: 1. A final inspection that is sati sfactory to all a pplicable City Departme nt Supervisors; 2. All City of Fairhope lighting requirements shall be satisfied; 3. The submittal , prior to issuance of the building permit, o f financial guaranty( s) and subdivision agreement for an y work not completed at the time of the Planning Commission m eeting. The financial guaranty pac ket s hall includ e th e subdivision agreement, the letter of credit(s) and the engineer's cost es timate(s) for p e nding work to be completed; 4. Prior to the issuance of a building permit, the applicant shall s ubmit to the City of Fairhope a full y executed maintenance bo nd and maintenance b on d agreement; 5. The Operations a nd Maintenance plan shall be recorded prior to issuance of building permits; 6 . T he GIS data and fire hydrant requirements shall meet th e approval of Dan McCrory, Water and Sewer Superintendent. Dick Charles 2 nd the moti on and the motion carried unanimously. ZC 14.01 Public hearing to consider the request of the City of Fairhope Planning Department for a Zoning Ordinance Amendment to add provisions regarding Multiple-Family/Apartments for the B-3a Tourist Resort Lodging District and B-3b Tourist Resort Commercial Service District, Jonathan Smith. Mr. Smith gave the staff repo rt saying currently the City of Fairhope Zoning Ordinance does not allow Multiple-Family/Apartment uses in the B-3a and B-3b zoning districts. Due to the nature and intent of the Tourism Districts, the locations of existing B-3a and B-3b properties and previous C ity approvals, s taff feels it is appropriate to a llo w multi-fa mil y/ap artments uses in these districts, s ubj ect to appeal to the B oard of Adjustments. By requiring an applicant to appeal to the Board of Adjustment, the site can be evaluated and any special conditions as a result of th e site evaluation may be part of the Board's approval. Upon evidence provided b y an applicant and staff, the Board may also fi nd that som e sites ar e not appropriated for Multi-family and/or apmtmen t uses. Mr. Smith stated th ese districts currently a ll ow more intense uses than w h at staff i s proposing. Staff recommendation is to approve the proposed Zoning Ordinance Amendm ent to allo w Multiple- Family/ Apattment use s in the B-3a and B-3b zoning districts contingent upon the fo llo win g conditio n : 1. All proposed Multiple Fam ily/Apartm ent projects in the B -3a and B-3b zoning di stricts sh all be subject to appeal to the Fairhope Board of Adjustment and may be subj ect to special con d itions as determined by the Board. Mrs. Fidl er questioned t h e proposed requi rement for Board of Adj ustmen t approval and Mr. Smith respond ed the Board would have the abi lity to review each appli cation and decide if the request is s uitable fo r the site. Mrs. Fidler stated it makes sense to allow these uses in these zo ning districts and sh e asked if the Board can d eny an app li cation and Mr. Smith answered yes . Mr. Turner opened the public hearin g. Having n o one present to speak, he closed th e public hearing . Mayor Kant explained the Board can impose restri ctions o n any site that comes befo re them . H e referenced a restaurant o n S . Mobile Street wh er e t he Board restricted the u se of alcohol , limited hours of operation, a nd the build ing size . Mr. Smith added t he Board can al so regulate architectural requirements . Mrs . Brewer stated it s eems the Board wi ll all ow the City to add more con trols. Mr. 2 January 6, 2014 Pla nn ing Com mi ss ion Minutes Turner stated he thinks this request fits with the Comprehensive Plan. Mr. Clark expressed he had co ncerns at first but after furthe r explanation, h e i s comfo11 abl e w ith Staffs recommendation and said it does add another layer of control and re view. Mayo r Kant referenced the American Legion and stated they are n ot zoned for their u se but they are limited to who can operate there . George Roberds made a m otion to accept the st aff recommendation to approve the proposed Zoning Ordinance Amendment to a ll ow Multiple-Famil y/Apartment uses in the B-3a and B-3b zo ning districts contingent upon the fo llowing co nditi o n : 1. All proposed Multiple Family/Ap artment projects in the B-3a and B-3b zon ing di stricts sha ll be subject to appeal to the Fairhope Board of Adjustment and may be subj ect to special conditions as determined by the Board. Bob Clark 2nd the m otio n and the motio n carri ed unan imou sly. ZC 14.02 Public hearing to consider the request of the City of Fairhop e Planning Department for a Zoning Ordinance Amendment to add provisions regarding Hotel/Motel and Mult i ple-Family/Ap ar tments for the B-2 General Business District, Jonathan Smith. Mr. Smith gave the st aff report saying currently the City of Fairhope Zonin g Ordinance does not allow Hotel/Motel or Mult ipl e-Famil y/Apartment use s in t he B-2 zoning district. Due to the nature and the intent of the B-2 zoning district and the locations of existing B-2 properties and previous City approvals, staff feels it i s appropriate to allo w Hotel/Motel and Multi-family/Apartme nt uses in these di stricts, subj ect to appeal to the Board of Adj ustm ents. Mr. Smith stated the City curre ntly has approved projects with multi-family components and hotel/motel proj ects in B -2 such as the Pulitzer Hotel and the Hampton Inn. St aff recomme ndation is t o approve the propose d Zo ning Ordinance A m en dm e nt to all ow Hotel/Motel and Multipl e Family/A p artme nt uses in the B-2 Genera l Business District contingent up on the fo llo wing condi tio n: 1. A ll proposed Hotel/Motel and Multipl e Family/ Apai1ment proj ects in the B-2 General Business Dis trict s hall be subject to appeal to th e Fairhope Board of Adjustment and may be s ubj ect to special conditi ons as determined by the Board. Mr. T urner stated there h ave been proj ects approved but the Commission has a lso fo u ght against projects. He said he would like to see guidelines for these proj ects . Mr. Rob erd s stated these projects are not allowed now a nd thi s amendment w ill give the City the rev iew process and the ability to have control over these proj ect s. Mr. Smith expla ined staff is trying to do the right thing and g ive the City the ability to approve these proj ects but also have contro ls wi th them. Mr. Turner said he agrees with the hotel/motel use but not multi-fai11il y. Mr. Clark stated it is not chan ging the zo ning only allowing appl icants to plead their case. Mr. Smith said th e Commission and Cou ncil are limite d in t heir rev iew but the Board can re v iew and place conditi ons on all aspects of the proj ect. Mr. Turner opened the public hearing . Havi ng no o ne present to speak, h e closed the publ ic hearing. Mayor Kant said he sees Mr. Turners point an d agrees w ith him; the City has worked hard for the Downtown area and to keep residenti al off the ground floor. Di c k Charl es mad e a motion t o approve the propose d Zoning Ordinance Amendment to all ow Hotel/Mote l uses in the B-2 General Business District contingent upon the fo ll owing co ndition : 1. A ll proposed Hotel/Motel proj ect s in the B-2 General Business District shall be s ubj ect to appeal t o the Fairhope Board of Adj ustm en t and may be subj ect to specia l co nditions as det e rmined by the Bo ard. 3 January 6, 2014 Planning Commiss ion Minutes Bernie Fogarty 2nd the motion and the motion canied unanimously . ZC 14.03 Public hearing to consider the request of the City of Fairhope Planning Department for a Zoning Ordinance Amendment to add provisions regarding Entertainment Venues for the B-3a Tourist Resort Lodging District, Jonathan Smith. Mr. Smith gave the staff report saying currently the City of Fairhope Zoning Ordinance does not allow Entertainment Venues in the B-3a Tourist Resort Lodging District. Due to the nature and intent of the B-3a zoning district and the locations of existing B-3a properties, staff feels it is appropriate to allow Entertainment Venue uses in this district, subject to appeal to the Board of Adjustment. Mr. Smith stated he has spoken with several Commissioners and they have expressed concerns and may want to have further study done on this issue. Staff recommendation is to approve the proposed Zoning Ordinance Amendment to allow Entertainment Venues in the B-3a Tourist Resort Lodging District contingent upon the following condition: 1. All proposed Entertainment Venue projects in the B-3a Tourist Resort Lodging District shall be subject to appeal to the Fairhope Board of Adjustment and may be subject to special conditions as determined by the Board. Mr. Turner opened the public hearing. Having no one present to speak, he closed the public hearing. George Roberds made a motion to postpone this request indefinitely for more study. Bob Clark 2nd the motion and the motion canied unanimously. Storm Water Management Plan (SWMP) -Jonathan Smith explained this review is a formality that must be done each year as part of the City's MS4 permit. He said the Planning Commission is the most appropriate City committee for the review. Kim Burmeister, Code Enforcement Officer, addressed the Commission saying the SWMP is a working document that is updated each year to remove achieved goals and add new goals. This year the SWMP has added media to the City's website and a two-year maintenance statement. Mr. Smith added Mrs. Burmeister holds a BMP workshop for City employees, residents, and contractors every year. Mayor Kant stated the City wants to make sure we are doing the same thing that we require of contactors. Mrs. Burmeister stated the SWMP is available on the website. Mrs. Fidler added it is very thorough. Jennifer Fidler mad e a motion to approve the Storm Water Management Plan (SWMP) as presented. Dick Charles 2nd the motion and the motion carried unanimously. LID (Low Impact Development) -Christopher Baker of Thompson E ngineering gave a PowerPoint presentation regarding the City's Low Impact Development Grant. He stated this project is funded through a grant from ADCNR and its purpose is to define approved LID method s in Fairhope, codify the approved methods, and ince ntiv ize the us e of LID. He stated there is a list of 20 LID methods for use in Fairhope and five incenti vization options. I . Re ly on the Free Market 2. Assess a Permit Fee 3. Change SWM Calculation Methodology 4. Require the u se of LID 5. Require all SWM to be Underground Mr. Baker said he is looking for direction from the Commission as to what the y wou ld like to see the use of LID integrated with developments. There was discussion regarding u si ng a combination of the five options. Mrs. Fidler suggested requiring a percentage of 4 January 6, 2014 Plannin g Commission Minutes storm water management be LID and the rest up to the free market. Mayor Kant recommended a committee be put together to review each of the options to see what will actually work best for Fairhope. Mr. Clark agreed with Mayor Kant and stated the committee needs to include Planning Commissioners and City Council members. Mr. Turner said he would like to see the costs for using LID verses the typical storm water management practices. Mr. Baker stated it is very difficult to determined cost unless both designs are done on a specific site. Mayor Kant suggested using Saddlewood as an example. Mr. Clark agreed that he would like to see a comparison. Mr. Roberds stated he thinks assessing a permit fee is the best option but it will have to be high enough to make developers think about what they would rather do. Mr. Baker stated LID will be also help with the City's MS4 permit requirements because it is very proactive. Mr. Smith stated the grant expires in April or May so the committee needs to be appointed soon. New/ Old Business Sidewalks -Mr. Smith said staff has been looking at solutions for sidewalks in subdivisions. He stated the City does have the mechanism in place to require sidewalks be installed prior to final plat approval it is just up to the Planning Commission to make it a requirement. R-6 Zoning Ordinance Amendment -Mr. Smith stated staff will likely be proposing a zoning ordinance amendment to allow single family residential in the R-6 Mobile Home District. Mr. Roberds said applicants can just get the zoning changed if they want single family and we are getting too accommodating. Mr. Smith said it is just to give property owners options. Mr. Roberds stated a zoning change is an option. Mayor Kant referenced Kevin Boone's property on Fairhope Avenue. Mr. Clark said single family is more desirable than mobile homes. Mr. Smith stated he will talk more with staff regarding proposing this amendment. Having no further business, George Roberds moved to adjourn and was 2nd by Bob Clark. ~:s::::;e meeting was duly adjoumz:,PM 8 ~ Lee Turner, Chairman Emily B e , Se e ry 5