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HomeMy WebLinkAbout11-03-2014 Planning Commission MinutesNovember 3, 2014 Planning Commission M inutes The Planning Commission met Monday, November 3, 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; Bernie Fogarty; Bob Clark; Jennifer Fidler; Dick Charles; Counci lmember Jack Burrell; Hollie MacKellar; Jonathan Smith, Planning Director; Nancy Milford, Planner; and Emily Boyett, Secretary; Chris Gill, Attorney Absent: none Chairman Lee Turner called the meeting to order at 5 :00 PM and announced the meeting is being recorded. The minutes of the October 6, 2014 meeting were considered and Dick Charles moved to accept the minutes as written and was 2nd by Bernie Fogarty. Motion carried with abstentions by Tim Kant and Lee Turner. Mr. Gill read the following letter requesting the Commission enter an Executive Session. He stated it should not take longer than 30 minutes. * * * * * November 3, 2014 Planning Com mi ssion Minutes H A N O 1:J A R f N DA L L LJ C • l t\ W 'd H 5 Chr isto ph er M. Gi ll Di~-tl Dia l (2511 694..(QJll !Jirei:! 11iL~ {2~1) 5'44•1ol:i C(rillt,i:l)H andlve11duH.com H::,A TOWT:R " I l NOltTII WATER ST Rt[T. SOJTF :,n2no ,e MOl111 .E, ALA BAM,\ Ji'i(i 0 2 ~ (25 1) '1J2 "5tl [\r,t O ifo:t !k1., l 2:3 • /'.lol,sil t , /\k1 b"m:L :lhti l)I " F.ic~i milt~: (2.S J) t:i~J 4-tiJ75 NoYem be r 3, 2014 l)ECLARA TIO'N' AND OPINION My name is Christopher M. Gill. J am over the 11gc ofnlnc lL'Cn (19), a.nd I make this Dcdamtiun ai1d Opinion based upon my 0\\11 personal .lmowle,dge. information and bcllcJ~ I am an qtto rn cy licensed to practi ce law in the State of A!aharna . I am offering this Declaration and Opinion in com pl iance with Sccti011 36-25A-7 of"thc Code oj'Alabmna (197 5). On the 3''1 dny ofNcwembe r, 201 ~.ala mectingoffhc P lan ni ng and Zoning Commission of the City of Fairhope, Alabama (the "Commission"), there has bee n or will be made a motion calling for an exec utive sess ion t o discuss with the Commiss ion 's attorney the legal ramifications of and legal optio n~ reg 1irding cerlai.n matters not yet being litigated but imm inently likely to be Htigatcd or fmrnincn tl y likely t(l be lillgutc d if the governmenta l body pursue:; a proposed cour.;{; of ac tion. Prior to voting to conve ne the execu ti ve session, l nm offering this Declar.ation und Op inion for the purpose of stati ng th at Section 36-2 5A -7 or the Code of Alabama (1975) is applic able to !he planned d lscus siou, and I here by request that thi s w ritten Declaration and Opinion be rdleeted in the minutes for said mee ting. I have furth er advise d the Commissio 11 tha t if any del ibe ration be gins among the m regard ing what ac tion to take rdatins to threa tened lliign.tion based upon the advice of counsel, th e executive $ess ion shall be conclu ded, @d tile delibera ti on shall. be co oduct cd in the open portion of the me.eting or the deHber:iti on shall ce-<1-~e. T hi s Dtdamtion and Opinion shall not constitute a waivei· of the .ittomey -clicnt privilege. Chri~to pher M. Gi ll , Esq. Attorney for rhe Planning ,wd Zoning Comm i ssio1i I\JOBILE ,. n !R!',.IJ N(;HA ~1 •A T HENS ■ FA I R I IO r'F 2 November 3, 2014 Planning Co mmi ssio n Minutes Jack Burrell made a motion that the Commission enter into Executive Session at 5 :02 for not more than 30 minutes. George Roberds 2nd t he motion and the motion carried unanimously with the following voice vote: A YE -Tim Kant, J e nnifer Fidler, Bob Clark, Bernie Fogarty, Lee Turner, Dick Charle s, Hollie MacKellar, George Roberds, and Jack Burrell. NAY: none . Dick Charles made a motion at 5:26 to exit Executive Session. Bernie Fogarty 2nd the motion and the motion carried unanimously . Bernie Fogarty made a motion to hear case SD 14 .18 Callies Court first. Dick Charles 2nd the motion and th e motion carried unanimously. SD 14.18 Public hearing to consider the request of Moore Surveying, Inc. for Preliminary and Final Plat approval of Callies Court, an 8-lot subdivision, Seth Moore. The property is located at the south end of Beecher Street on the north side of Morphy Avenue . Mr. Smith gave the staff report saying the property is approximately 4.14 acres and is zoned R-2 M edium Density Single Family Residential District. Two of the proposed lots already have e xisting homes located on them and the applicant is proposing multiple waivers. The waivers are as follows: 1) Waiver from minimum paved street frontage and access standards, together with any associated drainage facilities which might otherwise b e r equi red fo r the north and south portions of Beecher Street; this requested waiver pertains, without limitation, to requirements for stree t width, paving, compaction, curb and gutter, and additional drainage facilities . 2) Waiver from the requirement that pre liminary and final plats receive approval at separate intervals. 3) Waiver from the requirement that a fire h ydrant be installed a minimum distance of 450 ' from each lot within a proposed subdivision. 4) Waiver from the City 's drainage requirements as set forth in Article V, Section F (Storm Water Standards). Mr. Smith a lso stated the City has re c eived a m emorandum dated October 31, 20 14 from Volkert Engineering stating there are wetlands crossing the subject property . Mr. Smith stated if the Commission approves the plat, the staff recommendation would be revised to include that all minimum buffers s hall be required. Staff recommendation is based on the information in the staff report and due to the number of waivers being requested by the appl icant, staff recommends the Planning Commission evaluate the facts and m erits of the proposed plat and make a decision based on tho se facts and merits. If the Planning Commission approves the subject plat, staff recommends approval contingent upon t he following cond itions: 1. Finished F loor E levations be placed on Lots 2 and 3; and 2 . All minimum buffers shall be required. Dan B lackbum addressed the Commission on behalf of the applicant, Doris Faust Callies. He stated the subj ect property has more hi s tory than this reque st. He explained there was considerati on for the s ubdi v ision in 1999 when the zoning was changed; however, there is nothing in the Commission minutes regarding t he subdivision . He said in June 2 014 the City signed a plat for the subdivision and it is recorded. The subdiv ision was approved informall y a nd th e applicant paid for the improvements of the south end of 3 November 3, 2014 Planning Commission Minutes Beecher Street and the utilities are installed. He said the applicant is only asking for formal approval now. Mr. Turner opened the public hearing. Peggy Faust Sagin -20396 Beecher Street -She stated she was opposed to the extension of Beecher Street in the first place but it was for family and that is a ll that lives on Beecher Street. She said those who live there now paid for the road and maintain it. She added is not adequate for additional traffic and to make adequate will take the front yards of the existing houses. Bobby Faust -22958 Wolf Bay Drive -He said he isn't against the subdivision, but he doesn't want it to be accessed by the north end of Beecher Street. He stated they can put an entrance in from Morphy A venue to get to these new lots. Tommy Faust, Jr. -20397 Beecher Street-He stated he doesn't want to prohibit the development but he does not want the additional traffic to come through their property. He provided a petition signed by every one of the existing property owners along Beecher Street. Joe Faust -20452 Beecher Street -He said this piece of property has caused controversy since 1960 and he doesn't want 8 more houses and traffic on Beecher Street. He said they should put in an entrance from Morphy A venue. Mark Lee-8763 Morphy Avenue-He stated no objections to the subdivision but he has concerns with the water runoff. He said the drainage is an issue and should be taken care of before additional houses are built. He stated the water runs approximately 40' to 50' wide behind his house and through his backyard. Having no one el se present to speak, Mr. Turner closed the public hearing. Mr. Charles said he has an issue with the amount of water running through neighbor's yard and it is a major concern. Mrs. Fid ler asked why the applicant doesn't just put in an entrance off of Morphy A venue since there is so much opposition and Mr. Moore explained the app licant would like to utilize the existing road and not have to build a new access. Mr. Burrell said the applicant is saying the subdivision was approved in 1999, but if there is no proof then it wasn't approved. He also stated concerns with the number of waivers the applicant is requesting. Mr. Roberds said the applicant has not provided all of the required information and therefore the application should be denied. Dick Charles made a motion to deny the request due to the number of waivers and not meeting the minimum requirements of approval. George Roberds 2 nd the motion and the motion carried unanimously. ZC 14.10 Request to consider the request of Preble-Rish, LLC to establish an initial zoning of PUD (Planned Unit Development) concurrent with conditional annexation into the City of Fairhope, to be known as Firefly, Steven Pumphrey. The property is located east of Sandy Ford, at the end of South Drive. Mr. Smith gave the staff report saying on October 6, 2014, the Planning Commission tabled the subject application, due to access, connectivity, and traffic concerns. Staff and City Officials met with the applicant to address the Commission's concerns . The meeting resulted in the proposed PUD Site Plan remaining the same. Connecting to the south would be contrary to the 2006 City Council condition of approval for the subject Fly Creek PUD stub out. The 2006 condition of approval for the subject stub out requires that the stub out only be used for emergency and pedestrian access until the Fly Creek PUD development is connected to County Road 13. Staff recomme nd a tion is to approve contingent upon the following conditions: 4 November 3, 2014 Planni ng Commission Minutes 1. The PUD plan shall be revised to reflect the approved maximum all owable lot coverage. 2. Any wetland crossing shall be in compliance with City Subdivision and Wetland regulations. 3. The maximum allowable building height shall be located on the site data table on the PUD Master Plan. Steve Pumphrey addressed the Commission on behalf of the applicant saying there was a meeting between his client and the City. He explained the applicant wants to maintain the original proposal with the large lots and he does not want other developments coming through this site . Mayor Kant commended the applicant for onl y having 27 lots on a piece of property this size and for annexing. He added he would like to see this project approved with a condition for access. A member of the audience asked if there would be a public hearing and Mr. Turner stated the public hearing was held at the previous meeting. Dick Charles made a motion to open the public hearing. The motion died due to the lack of a second. Mrs. Fidler stated there needs to be an access to the south and she stated concerns with the drainage in the right-of-way. She said she is not if favor of the City taking over the drainage. Mr. Fogarty asked if improvements will be made to South Drive. Mr. Charles said there have been multiple complai nts regarding the intersection of South Drive and US Hwy. 98 and even deaths. Mayor Kant explained the State conducted a traffic study at the intersection and the results did not warrant a s ignal in that location. Mr. Burrell agreed access should be provided to the south but due to wetland and the environmental sensitivity on this property, he recommended using the western existing stub-out in Sandy Ford. Jack Burrell made a motion to accept the staff recommendation to approve contingent upon the fo ll owing conditions: 1. The PUD plan shall be revised to reflect the approved maximum allowable lot coverage. 2. Any wetland crossing shall be in compliance with City Subdivision and Wetland regulations. 3. The maximum allowab le building height shall be located on the site data table on the PUD Master Plan. 4. Public access to the south into the Sandy Ford stub-out as soon as the Fly Creek PUD commences development. Dick Charles 2 nd the motion and the motion carried with the following vote: A YE -Tim Kant, Bob Clark, Bernie Fogarty, Lee Turner, Dick Charles, Hollie MacKellar, George Roberds , and Jack Burrell. NAY -Jennifer Fidler. SR 14.02 Request of JADE Consulting, LLC for Site Plan review of the Colonial Inn, Trey Jinright. The property is located on the southwest comer of the intersection ofS . Mobile Street and Cliff Drive, at 101 S. Mobile Street. Mr. Smith gave the staff report saying the applicants are proposing a mixed-use project with 5 condominium units with at least 1 of the units consisting of a Home Office (live/work) unit on the site of the old Colonial Inn. The subject property is zoned B-3a Tourist Resort Lodge District and the applicants are going for the same architectural character that existed with the previous bui lding which was destroyed by fire in 1992. The largest building has an approximate gross floor area of 9,164 square feet and includes 4 condominium units. The second principal structure building has a gross floor area of 2,682 square feet and will contain a single unit and a 2 car garage . T he applicant is also proposing 2 garage structures to accommodate a total of 8 vehic le s. The proposed building heights are 30' for the 5 l 15 November 3, 2014 Planning Commission Minutes principal structures and 17' for the garage structure. The applicant is proposing approximately 44.6% lot coverage. The Zoning Ordinance requires that all principal structures for any development in the B-3a zoning district adhere to a maximum lot coverage calculation of 30%. Considering the lack of provisions related to the maximum lot coverage for accessory structures in the B-3a district, staff is compelled to recommend that accessory structures on the site should be calculated as residential accessory structures are calculated at 25% of the required rear yard. Staff recommendation is the principal structures cover no more than 34% of the subject property and any accessory structures shall cover no more than 25% of the required rear yard (approximately 4% of the total site area). Total lot coverage for the entire site shall not exceed 38%. All other applicable Zoning Ordinance requirements shall be met. Mr. Roberds asked how many square feet over is the applicant proposing and Mr. Smith responded approximately 2,000 square feet. Clay Adams addressed the Commission on behalf of the applicant saying the design was made to look like the old Colonial Inn and will be something to be proud of. He said the applicant fee ls the site will look better if all of the cars are in a garage. He explained the garage structures are a carriage house style and are designed to be more pleasing to look at. Mr. Adams stated most of the surrounding properties exceed the maximum lot coverage requirements and this design will not stand out. Mr. Turner said the scale of the structures on Short Street is much smaller and the neighbor 's views will be garage doors. Mr. Adams stated the alternative view w ill be cars, bicycles, and all of the other stuff that the residents won't have any p lace to store. He said the original building was 3 stories and approximately 53% lot coverage. Trey Jinright addressed the Commission regarding the drainage and he said it relates more to the Mu ltiple Occupancy Project which is next on the agenda. He stated this d esign w ill actuall y have less impact than the original development. He explained the site is located on the lower section of the gully and the drainage w ill run directly into the bay. He also added drainage is not required for sites less than 5 acres. Mr. Turner asked if the drainage is discharged direc t! y into the gull y if it will cause more erosion and Mr. Jinright responded no. Mayo r Kant stated he would like to hear from the ne ighb ors regarding the proposed design. Mr. Clark asked how much the applicant is asking for over the 38% which the staff is recommending and Mr. Adams responded the total lot coverage proposed is 43.6 %. Mr. Jinright stated that will allow for 10 cars to be covered and each unit will have some storage space. Mayor Kant asked how far off of Short Street will the garages be and Mr. Adams responded approximately 15 '. Mr. Turner opened the floor for comments. James Sullivan-16 Cliff Drive -He stated the zoning requirements are reasonab le and logical and the app li cant should not be allowed to exceed the regulations. Henry Wise -18 Cliff Drive -He said the design is too much for the site and the only thing he will see is a wall of garages. Gene Labrato -105 S. Mobile Street -He asked if fill will be brought in to change the elevation of the site and raise the structure. He stated a lot of impervious area is propo sed and the City has regulations in place and we should all have to live within them. He stated this is too much structure proposed on this lot and he asked w here the water will go. No one else was present to speak. Mr. Jinright explained the stormwater will be directed to the inlets on the south side of the property and wi ll be piped to th e north and di scharged into the gully. He said the site grading will be minimal and the foundation wi ll be bloc ked. Mrs. Fidl er said the 6 117 November 3, 2014 Planning Commission Minutes applicant should have to adhere to the regulations and exceeding the maximums allowed can cause issues. She stated here are a lot of activities in that area and parking is an issue. She said she likes that the stormwater will be handled quickly and will be out of the way before the upstream drainage makes to this point. She stated the County is pushing the same type of drainage. Mr. Roberds asked what the time limit is to rebuild after a disaster and Mr. Smith responded 1 year. Mr. Roberds said the parking issue is a moot point because without on-site parking garages then the street parking will be gone. Mr. Burrell asked what the lot coverage percentages are for the surrounding properties and Mr. Smith responded there are a lot ove r 30% and some 50%. George Roberds made a motion to approve the request as submitted with 43.6 % lot coverage. Dick Charles 2nd the motion and the motion carried with the following vote: A YE -Tim Kant, Lee Turner, Dick Charles, George Roberds, and Jack Burrell. NAY -Jennifer Fidler, Bob Clark, Bernie Fogarty, and Hollie MacKellar. SD 14.13 Public hearing to consider the request of JADE Consulting, LLC for approval of the Colonial Inn, a 5-unit multiple occupancy project, Trey Jinright. The property is located on the southeast corner of the intersection of S. Mobile Street and Cliff Drive. Mr. Smith gave the staff report saying the property is located in the City of Fairhope and is z oned B-3a Tourist Resort Lodging District. The property consists of approximately .45 acres and a 5-unit multiple occupancy project is proposed with a total of2 principal structures and 2 accesso ry structures. Staff r eco mmendation i s to approve contingent upon the following conditions: 1. Public Works approval of the proposed inlet box for drainage. 2. The submittal of all applicable drainage plans, per the City of Fai rhope Subdivision Regulations. 3. Approval b y the Planning Co mmi ssion for a request to exceed the m aximum lot coverage percentage of 30%. 4. The land scap e plan shall meet the approval of the Public Works Director. Mr. Turner opened the public hearing and havin g no one present to speak, he cl osed the public hearing. Tim Kant made a motion to accept the s taff recommendation to approve contingent upon the following conditions: 1. Public Works approval of the proposed inlet box for drainage. 2. The submittal of all applicable drainage plans, per the City of Fairhope Subdi vision R egula tions. 3. Approval by the Planning Commission for a request to exceed the max imum lot coverage percentage of 30%. 4. The landscape plan s hall mee t the approval of the Public Works Director. Dick Charles 2 nd the motion and the motion carried unanimou sly . SD 14.15 Public hearing to cons id er the req uest of JADE Consulting, LLC for preliminary plat approval of P ointe P lace Subdivision, a 14-lot division, Trey Jinright. The property is l ocated on the north side of Battles Road just east of Po int Clear Court. Mr. Smith gave the staff report saying the property i s inside City limits and zo ned PUD. The property con sists of 4.82 acres and 14 lots are proposed. Th e proposed building height for the princip al structure is 35' and 30' fo r the accessory structures. Staff recommendation is to approve contingent upon the fo llowing condition s: I. Approval from the Public Works Director regarding the drainage and the assoc iated maintenance is required. 7 119 November 3, 2014 Planning Commission Minutes 2. Approval from the Public Works Director regarding the proposed landscape plan is required. 3. Approval from the Public Works Director regarding the proposed Operations and Maintenance Plan is required. 4. A certification letter shall be submitted regarding the proposed FFE's. 5. Existing utility lines that need to be removed shall be removed prior to the submission of a Final Plat application. Trey Jinright was present on behalf of the applicant and he stated they have no issue with the staffs conditions. Mr. Turner opened the public hearing. Having no one present to speak, he closed the public hearing. Dick Charles made a motion to accept the staff recommendation to approve contingent upon the following conditions: 1. Approval from the Public Works Director regarding the drainage and the associated maintenance is required. 2. Approval from the Public Works Director regarding the proposed landscape plan is required. 3. Approval from the Public Works Director regarding the proposed Operations and Maintenance Plan is required. 4. A certification letter shall be submitted regarding the proposed FFE's. 5. Existing utility lines that need to be removed shall be removed prior to the submission of a Final Plat application. Bernie Fogarty 2 nd the motion and the motion carried unanimously . SD 14.16 Public hearing to consider the request of Preble-Rish, LLC for Final Plat approval of Natures Trail, Phase 1, a 40-lot subdivision, Steven Pumphrey. The property is located on the northeast comer of the intersection of Thompson Hall Road and Windmill Road. Mr. Smith gave the staff report saying the property is located inside the City limits and is zoned R-2 Medium Density Single Family Residential District. The site is approximately 21.57 acres and 40 lots are proposed. Staff recommendation is to approve contingent upon the following conditions: 1. The applicant shall verify the elevation of the discharge outfall per the Building Official. 2 . The signed and sealed cost estimate, subdivision agreement (fully executed with dates, signatures and blanks completed), and letter of credit shall be submitted to the Planning Department. All agreements and financial guarantees shall be on the City's approved forms. 3. Comments from the City of Fairhope Horticulturist, Jennifer Fidler, on the landscape plan are pending. The City of Fairhope Horticulturist's approval of the landscape plan is required. 4. A Maintenance Bond and Agreement shall be provided. 5. The Operations and Maintenance Plan shall be fully executed and recorded. 6. The sidewalks along Thompson Hall Road and Windmill Road shall be shown on the plat. 7. The final inspection punch list shall be completed. Steve Pumphrey was present for the applicant and he stated they are aware of the conditions and h ave no objections. Mrs . Fidler stated the entrance off of Thompson Hall Road has a significant dip in it and needs a culvert and Mr. Pumphrey agreed. Mr. Turner opened the public hearing. 8 121 November 3, 2014 Planning Commission Minutes Dave Jester -208 Orleans Drive -He thanked the City staff and the Planning Department for helping him whenever he has any problems or concerns. He stated there have been some issues with the grass becoming overgrown on the subject property and he recommended the City adopt a weed or mow ordinance. He also added the pond that has been built looks great. Mr. Clark stated he was not aware that the City does not have a mow ordinance and he agrees that the City needs one. Mr. Smith responded the City does have an overgrowth ordinance but it does not apply to vacant property. Jack Griffin -21201 Thompson Hall Road -He asked what size homes will be built in the development. Mr. Turner responded that is not a part of the Commission's review . Jonas Lyborg -Idlewild Property Owners Association President -He stated he has no issues with the development but he would like to have a contact for the project. He also asked that the sidewalks on Windmill Road be connected to the Idlewild sidewalks. Having no one else present to speak, Mr. Turner closed the public hearing. Mr. Burrell asked how much greenspace is required for R-2 and Mr. Smith answered 10%. Mr. Burrell asked if the greenspace has to be usable and Mr. Smith responded a pond is considered usable as an amenity. Mrs. Fidler stated there was water in the inlet boxes and she asked if they should be holding water. John A vent of Preble-Rish, LLC responded yes, that is typical with a wet pond. Tim Kant made a motion to accept the staff recommendation to approve contingent upon the following conditions: 1. The applicant shall verify the elevation of the discharge outfall per the Building Official. 2. The signed and sealed cost estimate, subdivision agreement (fully executed with dates, signatures and blanks completed), and letter of credit shall be submitted to the Planning Department. All agreements and financial guarantees shall be on the City's approved forms. 3. Comments from the City of Fairhope Horticulturist, Jennifer Fidler, on the landscape p lan are pending. The City of Fairhope Horticulturist's approval of the landscape plan is required . 4. A Maintenance Bond and Agreement shall be provided. 5. The Operations and Maintenance Plan shall be full y executed and recorded. 6. The sidewalks along Thompson Hall Road and Windmill Road shall be shown on the plat. 7. The final inspection punch list shall be completed. Jack Burrell 2nd the motion and the motion carried unanimously. ZC 14.11 Public hearing to consider the request of Preble-Rish, LLC to establish an initial zoning of R-2 Medium Density Single Family Residential District concurrent with conditional annexation for Woodlawn, Phase 2 and 3, Steven Pumphrey. The property is located on the south side of Twin Beech Road between Woodlawn, Phase 1 and Summer Oaks Stables. Mr. Smith gave the staff report sayi ng the property i s approximately 32 acres and the site is part of an overall Master Plan for Woodlawn. Staff recommendation is to approve as requested. Mr. Tuner opened the public hearing. Having no one present to speak, he closed the public hearing. Tim Kant made a motion to accept the staff recommendation to approve as requested. George Roberds 2nd the motion and the motion carried unanimously. 9 123 November 3, 2014 Planning Commission Minutes SD 14.17 Public hearing to consider the request of Preble-Rish, LLC for Preliminary Plat approval of Woodlawn, Phase 2 and 3, a 70-Iot subdivision, Steve Pumphrey. The property is located on the south side of Twin Beech Road between Woodlawn, Phase 1 and Summer Oaks Stables. Mr. Smith gave the staff report saying the property is approximately 32 acres and 70 lots are proposed. The applicant has requested to zone the property R-2 Medium Density Single Family Res idential District and annex into the City. Staff recommendation is to approve contingent upon the following conditions: 1. The applicant shall be responsible for upgrading the sewer lift station to accommodate the add itional growth. 2 . All landscaping and tree preservation requirements shall meet the approval of Jennifer Fidler prior to the preconstruction meeting. 3. A copy of a current (within 5 years) wetland delineation shall be submitted. 4. The FFE's provided shall meet the approval of the City of Fairhope Building Official. Mr. A vent addressed the Commission on behalf of the applicant saying they have reviewed the condition s and his client has an issue with being required to pay for upgrading of the lift station. He asked not to be required to pay for the upgrades to the lift station. Mr. Turner opened the public hearing. Tom Allen -726 Whittington Street -He stated he would like to see the property annexed into the City limits. He asked that the development be the same type and style of Phase 1. He also stated concerns with the runoff being directed to the wetlands. Mr. Pumphrey responded saying these 2 phases will look just like the first phase. He stated there are buffers along the wetlands to protect them and the existing pond will be upgraded to be an amenity. Having no one else present to speak, Mr. Turner closed the public hearing. Mr. Burrell asked if the larger lots going to be adjacent to the existing subdivision and Mr. Smith responded a ll of th e lots wi ll be the same size as the existin g lots. Mrs. Fidler asked why there is not an access to the west and she stated there seems to be a lack of greenspace. Mr. Pumphrey stated Summer Oaks Stables is to the west of this development and there are existing houses and the greenspace will be around the pond. George Roberds made a motion to accept the staff recommendation to approve contingent upon the following conditions: 1. The applicant shall be responsible for upgrading the sewer lift station to accommodate the additional growth. 2. All landscaping and tree preservation requirements shall meet the approval of Jennifer Fidler prior to the preconstruction meeting. 3. A copy of a current (within 5 years) wetland delineation shall be submitted. 4. The FFE's provided shall meet the approval of the City of Fairhope Building Official. Dick Charle s 2 nd the motion and the motion carried unanimously. Mr. Clark asked if we are requiring the applicant to up grade the lift station and Mr. Smith responded yes. Mayor Kant asked if the lift station was designed for the entire site. Mr. A vent expla ined the lift s tation was originally installed as part of the Master Plan and was designed to accommodate these 2 phases. He stated the reason it needs to be upgraded now is due to the additional connections from Stone Creek Phase 1 a nd 2, and North V ill age at Stone Creek. Mr. Smith stated this was a comment from Dan McCrory the 10 125 November 3, 2014 Planning Commission Minutes City's Water and Sewer Superintendent. Mr. Avent stated they have been working with Mr. McCrory to look at other issues such as air in the line because there have been some other problems with the lift station. Mr. Burrell asked what kind of cost they are talking about and Mr. Avent responded approximately $35,000 to $40,000 for the pumps and electrical to be upgraded. Mr. Burrell stated that is only about $500 per lot and Mr. A vent said his client originally paid for these lots to be covered by installing the first lift station to accommodate them. George Roberds made a motion for reconsideration. Bob Clark 2nd the motion and the motion carried with the following vote: A YE -Tim Kant, Bob Clark, Bernie Fogarty, Lee Turner, Dick Charles, Hollie MacKellar, and George Roberds. NAY -Jennifer Fidler and Jack Burrell. Mr. Burrell stated the cost per lot to upgrade the lift station is not that substantial and there should be a way to charge others for these upgrades. Mayor Kant stated tap fees are paid in order to tie into the City's sewer. Mr. Avent stated he doesn't think the issue is with the lift station but with the City's line. George Roberds made a motion to approve the request contingent upon the following conditions: I. The applicant shall be responsible for $10,000 toward upgrading the sewer lift station to accommodate the additional growth. 2. All landscaping and tree preservation requirements shall meet the approval of Jennifer Fidler prior to the preconstruction meeting. 3. A copy of a current (within 5 years) wetland delineation shall be submitted. 4. The FFE's provided shall meet the approval of the City of Fairhope Building Official. Jack Burrell 2nd the motion and the motion carried unanimously. ZC 14.12 Public hearing to consider the request to rezone property at 72 Fairhope Avenue from B-3a Tourist Resort Lodging District to B-3b Tourist Resort Commercial Service District, Winston Smith. The property is located on the southwest corner of the intersection of Fairhope A venue and Bayview Street. Mr. Jonathan Smith gave the staff report saying the property is located inside the City limits and is vacant. He said the site is bordered to the north, south, and west by B-3a zoned property and to the east by B-3b zoned property. Staff recommendation is to approve as requested. Mr. Winston Smith addressed the Commission saying he moved h ere a year ago from Atlanta and he has been working with the property owner on this site. He said it makes sense for this property to be B-3b. He explained the gully on the west side is a great dividing lin e between the residential and the mixed-use and commercial of Downtown. He stated the City t old the owner years ago the property was zoned B-3b and that is what the owner had been working from. Mr. Turner and Mayor Kant said they thought the property was zoned B-3b. Mr. Burrell asked how the site will meet the service needs of tourists and Mr. Winston Smith r esponded it will be mixed-use with commercial on the first floor. Mr. Turner opened the public hearing. Harvey Jones -21 Fels Avenue -He stated he is an investor in this project and the change in zo ning doesn't change the uses but the footprint of the building. He said the gu lly cuts this site off from the other B-3a zoned properties. He stated they are looking at doing short-term rentals upstairs and retail or possibly a restaurant for the commercial component. Having no one else present to speak, Mr. Turner closed the public hearing. 11 127 November 3, 2014 Pl anning Commission Minutes Mrs. MacKellar stated the B-3b ties into the village concept for Downtown. Dick Charles made a motion to accept the staff recommendation to approve as requested. Bernie Fogarty 2 nd the motion and the motion carried unanimously. IR 14.05 Request of Dyas Construction Management, LLC for an Informal Review of a proposed zoning change from R-3 High Density Single Family Residential District to R-3 TH High Density Single Family Townhome Residential District, Craig Dyas. The property is located at the southwest corner of the intersection of County Road 48 and River Mill Drive. Mr. Smith gave the staff report saying the applicant's conceptual idea for the property consists of 7 townhouses fronting on River Mill Drive, with a large portion of the property behind the units to be preserved as open space/common area. There appear to be wetlands behind the area where the units are proposed to be built. He stated townhome developments are subject to special conditions listed in the ordinance. Mr. Turner asked if the property is rezoned would the project trigger site plan review and Mr. Smith responded no, it would be a multiple occupancy project review. Mr. Roberds asked if the units would be sold or done as condominiums and Mr. Dyas answered he is not certain at this time. Mr. Dyas explained he would like to build two buildings, one with 4 units and the second with 3 units. He described the layout to be rear loaded with guest parking on the street and he said it is not certain if there are wetlands on the property or not. Mr. Charles asked if the units would be two- story and Mr. Dyas responded yes. Mr. Fogarty stated there is a lot of water in this area. Mr. Burrell said he thought Mr. Dyas had won an award for a similar development like this and Mr. Dyas responded yes, he did it was condominiums. Mrs. MacKellar asked if the design will keep with the existing established neighborhood and Mr. Dyas stated yes, he does not want to take away from what is there already. Mayor Kant said he is not excited about parking on the street because that is the entrance for the subdivision and it could pose traffic concerns. He h ad concerns with the amount of asphalt and water on the site. He said Danny blew out the road and the site will have to be built up. Mr. F idler said this would fit with th e village concept and she is open to it. She said drainage will need to be addressed especially with the amount of hardscape proposed. She added that Mr. Dyas does great developments and this will be no exception. Mr. Clark said he thinks this is a good idea. He stated concerns with drainage a nd traffic at the entrance. He added he would like to hear feedback from the residents in the neighborhood. Mr. Fogarty asked ifthere is enough room to get around the island at the entrance and Mr. Dyas responded yes, t her e is 40' between the i sland and where the proposed access for the site. Mr. Turner stated this site is close to Walmart and it fits in with what the Comprehensive Plan calls for; however, he also stated concerns with drainage. Mr. Charles mentioned firewalls between the units. Mrs. MacKellar said she liked the idea and it fits in the village concept. She asked what the square footage would be for the units and Mr. Dyas responded 1,600 to 1,900 square feet. Mrs. MacKellar said that size is needed in Fairhope and she suggested tying the site together with River Mill subdivision through a usable greenspace. Mr. Roberds stated he likes the concept and he would like to see more details. Mr. Burrell said he likes the idea and it could help improve the property values in the area. He stated he wou ld like to see the use of low impact designs for the drainage. 12 129 November 3, 2014 Planning Commi ssion Minutes Old/New Business Election of Officers -Mr. Smith stated the election will be held next month. Mr. Clark was chosen to poll the Commissioners regarding the elections. Jack Burrell made a motion to adjourn and was 2 nd by Jennifer Fidler. Having no further business, the meeting was over at 6 :55 PM. Lee Turner, Chairman 13 13]