HomeMy WebLinkAbout04-07-2014 Planning Commission MinutesApri l 7.2014
Planning Co mmi ss ion Minut es
The Planning Commission met Monday, April 7, 2014 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; Bernie Fogarty; Jennifer Fidler; Councilmember Diana Brewer; Hollie
MacKellar; Jonathan Smith, Planning Director; Nancy Milford, Planner; and Emily
Boyett, Secretary
Absent: None
Chairman Lee Turner called the meeting to order at 5: 01 PM and announced the meeting
is being recorded. The minutes of the March 10 , 2014 meeting were considered and
Bernie Fogarty moved to accept the minute~ as written and was 2 nd by Jennifer Fidler.
Motion carried with two abstentions by Tim Kant and Diana Brewer.
IR 14.02 Request of White Spunner Realty, Inc. for an informal review to rezone
property from R-1 and R-4 to PUD (Planned Unit Development), Sharon Wright.
The property is located on the east side of Greeno Road, just nor~h of Volanta A venue.
Jonathan Smith gave the staff report say ing the su bject property consist of four parcels
and are located in the City of Fairhope. The three northern parcels are zoned R-1 Low
Density Single Family Residential District and the southern parcel is zo n ed R-4 Low
Density Multi-Family Residential District. The owner's state the purpose for rezoning is
"to permit a more appropriate use for the prope11ies." The owner's repre se ntati ve state s
"the owners reaii ze and agree that certain restrictions may apply limiting what types of
businesses and/or structures and u ses that could be built there in order to keep the spirit of
our City founders of ' cooperative individualism'." The owners are interested in pursuing
a mix of office, residential, food and shops to offer a well-rounded experience, w ith the
City retaining input and approval over the final plan. According to the owner's
representative, "each owner would like to see their property utilized in a way that is
beneficial to the city's citizens, leaves a legacy of stewardship, and respects the property
rights of its owners, mindful that the North Greeno Road Corridor is after all another
'Gateway' into the City of Fairhope." Staff recommendation is to provide insight and
comments regarding the 1ezoni ng to PUD. Mr. Smith mentioned this area will be
addressed in the upcoming Comprehensive Plan update meet ings. Sharon Wright
addressed the Commission on behalf of the northern three pr::ip erty owners and Jonathan
Carri gan was present for the southern parcel. Mrs. Wright s tated the parcel own ers have
not been successful in trying to se ll their property for something other than residential
and being on the four lane they feel like a PUD would offer the best use of the property
for th emselves a nd the City. Mr. Charles asked if th e re were any details for what the
property owners want to do and Mr. Carrigan responded they hoped to get the City 's
input as to what should be there. Mrs. Wright stated they do net have a specific user
because the property is not zoned correctly and does not have a plan. Mr. Charles asked
if staff w i.11 m ake recomm endations based on the upcoming m eet in gs for the
Comprehens ive Plan and Mr. Smith responded staff will not make recommendations but
get input from the citizen s for wh at they want to see in this area. Mr. Turner stated thi s
particular area is one of the hardt:st to work with b ecause it is hard for everyo ne tu agree
on what it should be but ev::r yone agrees on what we don 't want there. i\fayor Kant
a greed thi s i s a difficult area, he said the commercial cut -off is Gayfe r Avenu e. He stated
a shopping center in not appropriate but so mething similar t o the Greeno Profe ssional
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Planning Commission Minutes
Village would be better. Mayor Kant said high density causes traffic issues and there is
already talk of apartments across the street and said he would like to know what the
church to the north plans to do with their property. He suggested a mixed-use plan with
limited uses or an ente11ainment area to compliment Volanta Park. He said he would like
to see what the community input meetings reveal about what the citizens want to see in
this area. Mrs. Fidler said she does not want to see anything denser. She stated high
density and mixed-use is not appropriate for the site and it is not safe for children to be
crossing the four lane highway. She said traffic is going to be an issue for this site. Mr.
Clark said he would like to wait and see what the town hall meetings hold so the citi zen 's
thoughts, concerns, and ideas can be incorporated too. Mr. Fogarty agreed with Mr.
Clark and said he wants to know what the c itizen's thoughts are first. Mr. Turner said he
wants to see buffers. He referenced the Publix site and stated how well it is screened
from Hwy. 98. He suggested rear access for the site and said he would not like to see
retail specifically. Mr. Turner added that having a tenant first will help to get a plan
approved. Mr. Charles stated he would like to see more recreation areas but also wants to
see what the public input meetings reveal. Mrs. MacKellar said she would like
something that will be cohesive with the park and she suggested waiting for the public
comments for the best benefit of the community. Mr. Roberds said he needs more details
and for the individual parcels to be one property for it to be considered as a PUD. Mrs.
Brewer stated mixed-use would be supported but an actual plan wi ll need to be
submitted. She stated she understands the situation but without real proposals then no
one is getting anywhere. Sarah Hofferber of the Fairhope Realty Group addressed the
Commission on behalf of the property owners saying they can't find funding with the
correct zo ning and can't get the zoning changed without a plan. She said the owners just
want to get the highest and best use of their prope11y. Mr. Carrigan thanked the
Commission for their time and comments.
ZC 14.03 Public hearing to consider the request of Preble-Rish, LLC for an
amendment to the Stone Creek PUD (Planned Unit Development), Steven
Pumphrey. The property is located on the east side of State Hwy. 181 ,just south of the
intersection of County Road 44 (a.k.a. Twin Beech Road) and Hwy. 181. Mr. Smith gave
the staff repo11 saying the subject property was originall y proposed to be developed as a
residential and iight commercial project; however, due to future conflicts with ALDOT's
ri ght-of-way expansion plans for State Hwy. 181 the applicant is modifying the PUD to
revise the master plan. The applicant is proposing the three northern commercial lots be
changed to 13 re sidential lots and the remaining commercial lot to the south be reduced
from 35 to 18 condominiums. The setbacks for the proposed 13 residential lots are as
follows: front -20'; rear -20'; side -5'; and street side -20'. The applicant is
requesting a maximum building coverage of 60% for the new lots and that the accessory
structures are addressed on a case by case basis. Staff recommendation is to approve the
PUD amendment contingent upon the foliowing conditions:
1. The applicant shall work with Jennifer Fidler on preservation of any heritage
trees, conflict of utility installations, and approval of the landscape plan.
Jennifer Fidler's approval of th~ issue shall be provided prior to any
construction permits bei ng issued ; and
2 . All other aspects of the subd ivis ion shall remain as per the original PUD
ordir~ance.
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Planning Commiss ion Miriutcs
Steven Pumphrey of Preble-Rish , LLC addressed the Commission saying the PUD
originally called for these lots to be mixed-use and wo uld have had a 90' buffer along
Hwy. 181 ; ho wever, the buffer now wi ll be 127' since the commercial component has
been reduced. Mr. Pumphrey said the additional undeveloped phases of the PUD has
been so ld to the adjacent property owner and w ill likely not ever be developed because he
wants it as a buffer between himself and the existing subdivision. Mr. Smith added the
applicant is proposing much less than what could be done w ith the ex isting PUD.
Mr. Turner opened the public hearing.
Douglas and Nancy Astralaga of 203 Stone Creek Blvd addressed the Commission saying
they live on the no1theast corner of Wentworth Street and Stone Creek Blvd. They
expressed concerns with the size of the proposed lots and the aesthetics of the
neighborhood. Mr. Astralaga stated he wou ld like a buffer along Stone Creek Blvd to
shield the sight of the backyards of these new lot s. He said they moved to Stone Creek
because of what it offered and they don't want to see that changed. Mrs. Astralaga said
she would like the lots to be bigger.
Having no one else present to speak, Mr. Turner closed the public hearing.
Rance Reehl addressed the Commiss ion on behalf of the applicant and stated this phase
will keep w ith the rest of the development and explained that resid enti al lots will be
better than the commercial that was originall y planned. He stated they co uld be lo oking
at a parking lot. Mr. Smith stated staff would be in favor of a berm or landscaping along
Stone Creek Blvd. Mr. Pumphrey explained the 127' buffer along the rear of the lots is
wooded and wi ll not be cut. Mr. Turner stated the entrance is landscaped and that it is the
best interest of the appli cant to maintain that throughout the rest of th e development.
George Roberds made a motion lo accept the s taff recommendation to approve the PUD
amendment contingent upon the fo llowing conditions :
1. The applicant shall work wi th Jennifer Fidler on preservation of any heritage
trees , conflict of utility installations, and approval of the landscape plan.
Jennifer Fidler's approval of the issue shall be provided prior to any
construction permits being issued; and
2. All other aspects of the subdivision s hall remain as per the origi nal PUD
ordinance.
Dick Charles 2 nd the motion and the motion carried unanimously.
SD 14.03 Public hearing to consider the request of Preble-Rish, LLC for
Preliminary Plat approval of Stone Creek, Phase Two, a 13-lot subdivision, Steven
Pumphrey. The property is located on the northwest comer of the intersection of
Wentworth Street and Stone Creek Blvd. Mr. Smith gave the staff report saying the
property is zo ned PUD and was originally platted as three commercial lots. The
app li cant is proposing 13 re sidential lots due to ALDOT requiring additional right-of-
way for the expansion of State Hwy. 181. Staff recommendation is to approve contingent
upon the following condition:,:
1. City Council must first approve the PUD amendment allowing the commercial
portion of the subdivision to be residential ;
2 . All buffers (the wet land buffer and the naturali zed buffer) s hall be clearly
labe led on the plat;
3 . Pedestrian connections shall be reflected on the construction p lans and
installed at the time of fin al p lat.
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April 7, 20 14
Planning Co mmi ssion Mi nutes
4. The applicant shall work with Jennifer Fidler on preservation of ay heritage
trees , conflict of utility installations, and approval of the landscape plan.
Jennifer Fidler's approval of the issue shall be provided prior to any
construction permits being issued.
5. The fire h ydrant shall be moved from the middle of Lot 84 to the side lot line
during the final plat phase of the development; and
6. At the time of fin al plat the applicant shall have the Operations and
Maintenance Agreement and Plan executed and recorded.
Steven Pumphrey of Preble-Rish, LLC addressed the Commission saying the applicant is
aware of the conditions and is agreeable to all of them. Mr. Turner opened the public
hearing. Having no one present to speak, he closed the public hearing. George Roberds
made a motion to accept the staff recommendation to approve contingent upon the
following conditions:
l. City C ouncil must first approve the PUD amendment allowing the commercial
portion of the subdi v ision to be residential;
2. All buffers (the wetland buffer and the naturalized buffer) shall be clearly
labeled on the plat;
3. Pedestrian connections shall be reflected on the construction plans and
installed at the time of final plat.
4. The applicant shall work with Jennifer Fidler on preservation of ay heritage
trees, conflict of utility installations, and approval of the landscape plan.
Jennifer Fidler' s approval of the issue shall be provided prior to any
construction permits being issued.
5. The fire hydrant shall be moved from the middle of Lot 84 to the side lot line
during the final plat phase of the development; and
6. At the time of finai plat the applicant shall have the Operations and
Maintenance Agreement and Plan executed and r ecorded .
Bernie Fogarty 2 nd the motion and the motion can-ied unanimously.
New/ Old Business
Comprehensive Plan -Mr. Sa1ith anno~nced there will be a Comprehensive Plan
Update Committee meeting on Thursday, April 17 , 20 14 at 5:00 pm in the Delchamps
Room at the City Municipal Comple x.
Public Input Meeting-Mr. Smith stated th e Planning Commission 's annual Public
Input Meeting will be held in ei ther May or June after the regular m eeting. He said it will
be advertised and hopefully the citizens wi ll come out to give the Commission their
thoughts.
Sidewalks -Mr. Smith said ther e have been several di sc u ssions regarding sidewalks in
subdivisions. He explained the current Subdivision Regulations allow sidewalks to be
part of the bond until 90% of the subdivi sion is complete whi ch has caused large gaps in
our sidewalks . He stated staff has looked at this from both sid es . The Subdivision
R egulations currentl y state sidewalks are to be completed within two years but the bonds
are just renewed and extended so they are not getting done . Mr. Smith said the
community wi ll b enefit from having the sidewalks in from the stm1 with the res t of th e
infrastructure and it will be safer for p edestrians . Mr. Charle s asked if Publi c Works has
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Plannin g Commi ss ion Minute s
anything to preserve the sidewalks from damage and Mrs. Fidler responded no , they
usually make the sidewalks thicker in areas were they know the large trucks will be
driving over them. She added the Commission changed the regulations to allow the
sidewalks to be put in at the time of house construction. Mr. Clark asked why it was
changed and Mr. Turner stated it was changed to prevent the sidewalks from being
damaged during construction and having to be done twice; however, that means there is
not a sidewalk at all until a house is built and there lots of subdivisions like Quail Creek
which still are not built out after 20 years. George Roberds made a motion for staff to
prepare an amendment to the Subdivision Regulations to require sidewalks be installed at
the time of final plat approval. Diana Brewer 2nd the motion and the motion carried
unanimously.
Having no further business , Dick Charles moved to adjourn and was 2nd by George
Roberds . Motion passed unanimously. The meeting was duly a • ned at 5:59 PM. ~;u
Lee Tur~an Emily
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