HomeMy WebLinkAbout06-02-2014 Planning Commission MinutesJune 2, 2014
Plannin g Commission Minutes
The Planning Commi ssion met Monday, June 2, 2014 at 5:00 P M at the C ity Municipal
Compl ex, 16 l N. Section Street in the Council C hamb ers.
Present: Lee Turner, C hairperso n ; George Roberds, Vice-Chair; Bob Clark; Jennifer
Fidler; Tim Kant; Dick Charles; Bernie Fogarty; Co un c ilmembe r Di ana Brewer; Ho llie
MacKellar; Jonathan Smith , P lanning Director; Nancy Milford, Planner; and Emily
Boyett, Secretary
Absent: None
Chairman Lee Turner call ed the meeting to order at 5:02 PM and announced the meeting
is being recorded. The minutes of the May 5, 2014 meeting were considered and Bernie
Fogarty moved to accept the minutes as written and was 2nd by Dick Charles. Motion
carried with two abstentions b y Mayor Kant and Jennifer Fidler.
ZC 14.06 Public hearing to consider the request of Jade Consulting, LLC to rezone
Point Place Subdivision from R-1 Low Density Single Family Residential District to
PUD(Planned Unit Development), Trey Jinright. The property is located on the north
sid e of County Road 44 (a.k.a. Twin Beech Road) just west of Battles Road. Mr. Smith
gave the staff rep ort sayi ng the app licant is propo sing 14 lots on approximately 4.84
acres. Th e applicant is proposing to incorporate LID techniques in the development
including bio-retention ponds and a pervious street. The applicant is proposing the s treet
to be public which will r equire the C it y to accept maintenance. Staff recomm endation is
t o approve contingent up o n the fo ll owing conditions:
l . The app licant s ha ll firm their commitment regarding the typ e of street be ing
proposed and shall wo rk with the Public Works Director to determine if the type
of street is adequate. The Pub l ic Works Directo r shall approval any proposal
regardin g the streets .
2. T he right-of-way sha ll be private and it sh all be noted that the City of Fairhope i s
not resp o ns ibl e for the maintenance of the street or bio -retention pond.
3. Staff recommends no less than a 20 foot rear setback on a ll lots and all lots shall
sho w se tb acks. U nder no ci rcum stance shall a setback line be less than a util ity
eas eme nt lin e.
4. The PUD plan sh all meet all r equired City of Fairhope r egul ations and approval
of th e Utility Superintendents and Building Official.
5. The details of the accessory structures shall be worked out in t erms of setbacks
and the location of utility a nd drainage easements. The appli cant s hall provid e
accessory struc ture setbacks that do not overlap drainage and utility easements.
6. The maxim um all owable lot coverage of 50% s hall include th e acc essory
structures .
7 . Any and all buffers s hall be labeled clearly on the PUD plan.
8 . Fe nces s hall not impede the flow of drainage throughout the site.
9 . Proposed li ghting shall meet th e require ments of th e C ity of Fairhope. Lighting
shall not sp ill ont o adjacent properties.
I 0. The square foo tage of each lot shall be shown on the PUD p lan.
11. Building he ight shall be meas ured as pe r the C ity of Fairhope Zoning Ord inance .
The applicant shall remove t he "FFG" des ignation from the building height.
12. T he uti lity superintendents h ave ind icated that utilities may ne ed to be relocated
and the p lan may not be ac hi evab le if some of the utility det ails are not worked
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Planni ng Commissio n Minut es
out in advance. The location of the utilities and the details for the swales all need
to be confirmed and m eet the appro val of the City of Fairhope Utilities
Superintendent and the Building Official prior to the City Council approving the
PUD.
Trey Jinright addressed the Commission saying the developer wants to u se alternative
storm water management for thi s development but he did not want to design it a t this
point without an approval for the development. H e stated they want the street to be
public and maintained by the City .
Pat Achee, the applicant, ad dressed the Commission saying they are proposing a IO ' side
and rear setback for the accessory structure and the y are fin e with a 25 ' setback for the
principal structure. He stated LID is a new process for him but h e is willing to do it. He
said the stre et wi ll be p ervious and he is requesting it to be public unless the Commission
will allow it to be gated.
Mr. Turner opened the public hearing.
James Morgan of 18459 Point Clear Court said the detention pond for his subdivision is
behind hi s hou se and wanted to know where the water will go if this property is
developed. He stated after the recent rains the property drained for two weeks through
Point Clear Court.
Having no one else present to speak, Mr. Turner closed the public hearing.
Mayor Kant stated he would like to keep the s treet public. He e xplained the C ity would
be encouraging the use of LID techniqu es and will help by taking it over. Mrs. Brewer
asked what is proposed for the area in th e back and Mr. Jinright responded it i s an area
that can be used for conventional drainage if it is n eeded. Mrs. F idler aske d about the
street construction and mainte nance. Mr. Jinright stated they are looking at pervious
as phalt and said the maintenance would require a vacuum truck. He suggested looking at
the Publix parking lot and their pervious pavement. Mrs. Fidler questioned the feasibility
of maintaining th e swales and bio-retention areas . Mayor Kant stated it is the b est way to
en courage the use of LID and all of the maintenance agreements would hav e to be in
place and clearly outline what would be required before the City would approve it. Mr.
Jinright asked the City to consider accepting the maintenance of the b io-retention and
allow him to do further design. He stated this i s the fir st of its kind and he knows the
City w ill have to weigh the options. Dick C harl es m ade a motion to accept the s taff
recommendation to approve contingent upon the followin g conditions:
1. The app licant shall firm their co mmitment regarding the type of s treet being
proposed and sha ll work wi th the Public Wo rks Director to determine if the type
of street is adequate. The Public Works Director shall appro val an y proposal
regarding the streets.
2. The right-of-way s hall be public a nd accepted b y the City of Fairhope and Cit y
staff shall determine the acceptance of maintenance of the bio-retention pond at a
later date.
3. Rear setback fo r principal structures shall be 25 ' and IO ' for accessory structures.
Under no circumstance s ha ll a setback line be less than a utility easement line.
4 . The PUD p lan s hall meet all required C ity of Fairhope regulations and approval
of th e Utility Superintendents a nd Buildin g Official.
5. The maximum a ll owable lo t coverage of 50% sh all include the accessory
structures.
6 . Any and all buffers shall be labeled clea rl y on the PUD plan.
7. Fences sha ll not impede the flow of drainage throughout the s ite.
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8. Proposed lighting shall meet the requirements of the City of Fairhope. Lighting
shall not spill onto adjacent properties.
9. The square footage of each lot shall be shown on the PUD plan.
10. Building height shall be 35' for principal structures and 30 ' for accessory
structures and shall be measured as per the C ity of Fairhope Zoning Ordinance.
The applicant shall remove the "FFG" designation from the building height note
on the p lat.
11. The utility superintendents have indicated that utilities may need to be relocated
and the plan may not be achievable if some of the utility details are not worked
out in advance. The location of the utilities and the details for the swales all need
to be confirmed and meet the approval of the City of Fairhope Utilities
Superintendent and the Building Official prior to the City Council approving the
PUD.
Bob Clark 2nd the motion and the motion carried unanimously.
SD 14.05 Public hearing to consider the request of Preble-Rish, LLC for Final plat
approval of the Villas at Point Clear, a 25-lot subdivision, Steve Pumphrey. The
property is located on the south side of Battles Road just west of the intersection of
Section Street and Battles Road. Mr. Smith gave the staff report saying the property is
approximately 10.63 acres and 25 lots are proposed. He stated the infrastructure has
a lre ady been installed except for the sidewalks and some of the landscaping. Mr. Smith
stated the applicant has requested the case be held over until next month. He explained
staff would like to go ahead and hold the pub lic hearing tonight so if someone came to
speak they would be allowed, but staff recommends holding the final decision over until
next month to a ll ow the applicant to complete construction. Mayor Kant asked if the 30
day rule would be a problem and Mr. Smith stated it would not be since the appl icant has
requested the application be held over. Mr. Pumphre y addressed the Commission saying
he was the one to request the case be held over until the July meeting so the construction
can be completed. Mr. Turner opened the public hearing. Having no one present to
speak, he closed the public hearing. Bernie Fogarty made a motion to postpone the case
until the next meeting. Dick Charles 2nd the motion and the motion carried unanimously.
SD 14.06 Public hearing to consider the request of Hutchinson, Moore, & Rauch,
LLC for Final plat approval of Watershed South, a 10-lot subdivision, Scott
Hutchinson. The property is located on the west side of Battles Road (a.k.a. County
Road 34) just south of County Road 44. Mr. Smith gave the staff report saying the
property is zoned TR Tourist Resort District and is approximately 4.38 acres with 10 lots
proposed. Staff recommendation is to approve contingent upon the following conditions:
1. The applicant shall s ubmit a subdivision bond agreement and financial guarantee
for street trees and s idewalks .
2 . A full y executed ma inte nance bond agre ement and maintenance bond s hall be
submitted.
3. A copy of the Covenants and Restrictions s hall be submitted to the City of
Fairhope Planning Department.
4. The s ubmitted landscape plan shall meet the approval of the City of Fairhope
Horticulturist.
5. The Operations and Maintenance Plan shall be recorded.
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Planning Commission Minut es
6 . A satisfactory final inspection shall be required and any final inspection punch list
items s hall be completed prior to signing the plat.
Scott Hutchinson was present to answer an y questions. Mr. Turner opened the public
hearin g. Having no one present to speak, he clo sed the public hearing. Mrs. Fidler stated
she has looked at the landscaping and it looks good. Dick Charles made a motion to
accept th e staff recommendation to ap prove contingent upon the following condi tio ns:
1. T he applicant shall sub mit a subd ivis ion bond agreement and financial guarantee
for street trees and sidewalks.
2. A fully executed maintenance bond agreement and maintenance bond shall be
submitted.
3. A copy of the Covenants and Restrictions s hall be submitted to the City of
Fairhope Pl a nnin g Department.
4. T he su bmitted landscap e plan s hall meet the approva l of the City of Fairhope
Horticu lturist.
5. The Operations and Maintenance P lan shall be recorded.
6. A satisfactory fi nal inspection shall be required and any final inspection punch list
items shall be completed prior to signing the p lat.
Jennifer Fidl er 2 nd the motion and the motion carried unanimously.
SD 14.07 Public hearing to consider the request of Moore Eng ine erin g for
Preliminary and Final plat approval of Richards Homestead, a 2-lot minor
subd ivision, David Richards. The prope1iy is located o n th e southeast corner of the
intersection of Third Street and Summer Lane. Mr. Smith gave the staff report sayin g the
property is zoned R -2 Medium Density Single Family Residential District and is
approximately 0.56 ac res w ith 2 l ots proposed. He stated there is an ex is ting house on
the lot and its garage is over the proposed lot line but the app licant has stated the garage
wi ll be removed. Mr. Smith stated staff will not sig n th e plat until the garage and
driveway h ave been removed and it must be done w ithin 60 days of the approval, if
granted. Staff recommendation is to approve contingent upon the following conditions:
1. The City of Fairhope approval certificate s hall reflect the Ci ty of Fairhope
Planning Commiss ion, not the Planning Director.
2 . A flow mode l meeting the appro va l of the Water and Sewer Superintendent shall
be submitted.
David Ric hards addressed the Commission saying he owns the prope rty a nd he is
requesting this subdiv ision to build a home for his mother. He said he would like to get a
permit to do all of th e work at one time so he may n eed lon ger than 60 days . Mr. Smith
said the Commi ssion can extend that deadline if there is a legitimate reason. Mr.
Richards said he would like to have 90 days and Mr. Smith respo nded staff is agreeable
to the extension . Mr. Turner opened the public hearing.
Howard Erwin of 4 Summer Lane asked why Mr. Richards has to do a subdivision and he
had to get a building p ermit. Mr. Turner explained the property is currently one lot and
in order to obtain a buil d ing permit for an add it ional house the property must be
subdivided. Mr. Erwin a lso asked how the drainage will be add ressed and Mr. Smith
r esponded that storm water is not requ ired for a minor subdivision but the Commi ss ion
co uld place an additional cond ition if they d esired. Mayor Kant stated Summer Lane i s a
pri vate street and if th e new lot plans to use it as an access then they may be required to
ass ume so me maintenance respo nsibility. Mr. Richards stated he is w illing to pay
whatever hi s s hare is for the mainte nan ce of Summer Lane. Jennifer Fidler made a
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Planning Commission Minutes
motion to accept the staff recommendation to approve contingent upon the following
conditions:
1. The City of Fairhope approval certificate shall reflect the City of Fairhope
Planning Commission, not the Planning Director.
2. A flow model meeting the approval of the Water and Sewer Superintendent shall
be submitted.
3. The applicant shall have 90 days to record the plat.
Dick Charles 2 nd the motion and the motion carried unanimously.
SR 14.01 Request to consider Site Plan approval of Gambino's Italian Grill at 18
Laurel Avenue, Rick Gambino. The property is located on the southeast corner of the
intersection of S. Mobile Street and Laurel Avenue. Mr. Smith gave the staff report
saying the property is zoned B-3a Tourist Resort Lodging District and the applicant is
requesting approval for a mixed use development to put a residence above an existing
restaurant. He explained the site is a lready exceeding the maximum lot coverage and no
additional footprint or covered area shall be added. S taff recommendation is to approve
contingent upon the following conditions:
1. The parking space shall be a minimum of 10 ' x 20' in size.
2. The site coverage s hall not exceed the current existing footprint of the building.
A revised site plan shall be provided with corrected square footages.
Rick Gambino addressed the Commission say ing he is doing this for hi s wife who has
Parkinson's so she w ill be close to him while he is at the restaurant. He stated he wants
the carport to keep her out of the weather. Mr. Turner explained he could request a
variance from the Board of Adjustments and Mr. Smith stated a medical condition is not
considered a hardship. Mr. Turner opened the floor for public comments. No one wished
to speak. George Roberds made a motion to accept the s taff recommendation to approve
contingent upon the following conditions:
I. The parking space sha ll be a minimum of 10 ' x 20' in size.
2. The site coverage shall not exceed the current exis ting footprint of the building.
A revi sed s ite plan shall be provided with corrected square footages.
Dick Charles 2 nd the motion and the motion carried unanimously.
UR 14.03 Request of AT&T for 11.52.11 review and approval of the proposed
underground installation of approximately 506 linear feet of fiber optic cable, Terry
Pratt. The project wi ll run alon g the no1ih side of Fairhope A venue, east from Hoffren
Drive to Courthouse Drive. Mr. Smith gave the staff report saying the applicant is
proposing to splice into the aeri al cable and install approx imately 506 linear feet of fiber
optic cable underground b y boring and trenching. Staff recommendation is to approve
contingent upon the compliance with all app licab le City regulations. Mrs. Fidler said
there have been some issues with trenching and damaging the roots on the trees and with
ditch e levations being a ltered after wo rk has been done. Mayor Kant stated we should
not allow trenching in existing neighborhood s . George Roberds made at motion to accept
the staff recommendation to approve contingent upon the following conditions:
I. A ll app licable City reg ulations shall be me t.
2. All underground install ation shall be bored.
3. Existing ground e levations shall not be altered.
Dick Charles 2 nd the motion and the motion carried unanimously.
New/ Old Business
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Comprehensive Plan Update-Mr. Smith stated staff is working on the RFP's scope of
work for the Comp . Plan and the City will be holding public input meetings soon.
LID (Low Impact Developments)-Mr. Smith stated staff is finishing up the guidelines
and designs to be incorporated into the City regulations .
Having no further business, the regular meeting was over at 6:00 PM.
Lee Turner, Chairman Etfi&a±
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