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HomeMy WebLinkAbout12-01-2014 Planning Commission MinutesDecember I, 2014 Planning Commission Minutes The Planning Commission met Monday, December 1, 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; Bernie Fogarty; Bob Clark; Jennifer Fidler; Dick Charles; Councilmember Jack Burrell; Hollie MacKellar; Jonathan Smith , Planning Director; Nancy Milford, Planner; and Emily Boyett, Secretary Absent: Tim Kant Chairman Lee Turner called the meeting to order at 5:04 PM and announced the meeting is being recorded. The minutes of the November 3, 20 14 meeting were considered and Dick Charles moved to accept the minutes as written and was 2nd by Jack Burrell. The motion carried unanimously. UR 14.09 Request of AT&T for an 11.52.11 Utility Review and approval of the proposed installation of approximately 1,100 linear feet of fiber optic cable, Jeff Hadley. The project will run on the south side of Fairhope Avenue and the west side of N . School Street. Mr. Smith gave the staff report saying the applicant is installing high speed fiber internet U-Verse and the method of installation will be directional bore. Staff recommendation is to approve, conditional upon the applicant following the general comments related to utility work as stated in the staff report. Mr. Burrell asked what the time frame is to begin construction and Mr. Smith stated the contractors were on site today and are ready to begin. Bernie Fogarty made a motion to accept the staff recom_mendation to approve, conditional upon the applicant following the general comments related to utility work as stated in the staff report. Dick Charles 2 nd the motion and the motion carried unanimously. SD 14.19 Public hearing to consider the request of Barton & Shumer Engineering, LLC for Preliminary and Final plat approval of McMillin 's Subdivision, a 2-lot minor division, David Shomer. The property is located on the south side of the intersection of Equity Street and Nicho ls Avenue. Mr. Smith gave the staff report saying the property is inside city limits and zoned R-2 Medium Density Single Family Res idential District. The property is approximately .69 acres and 2 lots are proposed and both lots are larger than required . Staff recommendation is to approve as requested. 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 as requested. Bernie Fogarty 2nd the motion. Mr. Tuner asked if staff had concerns w it h the grave l access for Lot 1 and Mr. Smith responded no. Moti on carried unanimously. SD 14.20 Public hearing to consider the request of Moore Engineering, LLC for Preliminary and Final plat approval of Lyrene #2 Subdivision, a 2-lot minor division, Seth Moore. The property is located on the northeast corner of the intersection of Lyrene Lane and State Hwy. 181. Mr. Smith gave the staff report saying the subject property is located in Baldwin County and is unzoned. The property is appro ximatel y 19.6 acres with 2 lots proposed. Mr. Smith stated there is an ex isting encroachment on Lot 1 but it does not affect a new lot line. He explained the conditions listed in the staff report have already been addre ssed by the applicant. He stated a flow model will not be required and the plat has been amended to reflect the FFE's . Mr. Smith stated the staff r ecommendation is to approve as reques ted . Mr. Moore addressed the C ommission l December I , 2014 Planning Commission M inutes saying the encroachment is an existing barn that has been there for 15 to 20 years and the Lyrene's own both properties. 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 as requested. Jennifer Fidler 2nd the motion and the motion carried unanimously. SD 14.21 Public hearing to consider the request of HMR, LLC for Preliminary and Final plat approval of the Pate House Subdivision, a 1-lot minor division, Doug Bailey. The property is located on the west side of Colony Drive just north of Battles Road. Mr. Smith gave the staff report saying the property is located inside city limits and is zoned TR Tourist Resort District. The subject property is approximately .82 acres and one lot is proposed in order to separate an ex isting home from the remnant parcel of the Colony at the Grand property. Staff recommendation is to approve as requested. Mr. Bailey stated he was present to answer any questions. 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 as requested. Bernie Fogarty 2nd the motion. Mr. Roberds asked how the property will be accessed and Mr. Smith responded the lot fronts on Colony Drive. Mr. Roberds asked if a new driveway wi ll be installed and Mr. Smith stated he did not think so. Mr. Burrell asked if this property is part of a PUD and Mr. Smith answered no, it is part of the TR District and the applicant is proposing one lot to avoid having to label the various setbacks on the remnant parcel. There was discussion regarding future ownership, setbacks, and fire protection. Mr. Smith stated the City's lawyers have reviewed the submittal and everything meets the requirements of the TR District. The motion carried unanimously. ZC 14.13 Public hearing to consider the request of HMR, LLC to rezone property from RA Residential/Agriculture District to B-4 Business and Professional District, Doug Bailey. The property is located on the east side of State Hwy. 181 just north of Margaret Drive, at 20252 State Hwy. 181. Mr. Smith gave the staff report saying the property is approximately 2.75 acres and staff has been told a dental office is proposed. The adjacent properties are zoned as follows: R-1 non-conforming to the north (Walmart), RA to the south, PUD to the west, and R-3 to the east. Staff supports this request due to the presence of commercial activity and/or zoning to the north and to the west. The use of the property as a dental office w ill provide an essential service to the surrounding residential properties. Staff recommendation is to approve as requested. Mr. Bailey of HMR, LLC addressed the Commission saying the applicant has b een in contact with ALDOT and access will be restricted to right in and right out only . Mr. Turner opened the public hearing. Having no one present to speak, he closed the public hearing. Bob Clark made a motion to accept the staff recommendation to approve as requested. Dick Charles 2nd the motion. Mrs. Fidler asked if this is the same property that proposed B-2 zoning a few years ago and Mr. Smith responded no , it was several parcels south of this property. Mr. Turner stated B-4 zoning here makes sense and is a good transition from Walmart to the existing residential. Mr. Burrell asked if the property is in a flood zone and said now is the time to look at drainage especially the outflow from the Walmart pond. Mr. Smith stated he is not sure and Mr. Bailey responded the property is located in flood zone "X". Mr. Charles said the drainage for Walmart was designed at the time it was developed. Mr. Burrell said the recent rain events have exceeded our d es ign requirements and people try to blame the City. Mrs. MacKellar said we should 2 December I , 2014 Planning Commi ss ion Minutes also look at the drainage across the street. Mr. Bailey stated the FFE will be at least one foot above the road. The motion carried w ith the following vo te : A YE -Bob Clark, Bernie Fogarty, Lee Turner, Dick Charles, Hollie MacKellar, George Roberds, and Jack Burrell. NAY -Jennifer Fidler. SR 14.05 Request of Two Moore, LLC for Site Plan review and approval of the Moore House at 152 N. Section Street, Joan Moore. The property is located on the east side of Section Street just south of Oak A venue. Mr. Smith gave the staff report saying the property is inside city limits and zoned B-2 General Business District in the Central Business District (CBD). The property is approximately .148 acres and a 7,528 square foot mixed use structure is proposed. Mixed use is allowed by right per the Zoning Ordinance. The proposed building coverage is 3,530 square feet and the applicant is proposing the residential component be located on the fir st and second floors and the commercial component on the second floor. The Zoning Ordinance requires 8' sidewalks in the CBD and currently there is only a 4 ' existing sidewalk. The applicant is proposing to widen the sidewalk toward the curb instead of into their property. Staff recommendation is to approve contingent upon the following conditi ons: 1. The landscape plan shall meet the approval of the C ity of Fairhope Horticulturist prior to the issuance of a building p e rmit. 2. The applicant shall provide a screening detail of the mechanical equipment. 3. Eight foot sidewalks shall be ins talled to the satisfaction of the City of Fairhope. 4. The parking spaces shall be 1 0 'x20 '. 5. The flow model shall meet the approval of the Water and Sewer Superintendent, Dan McCrory. Mr. Turner said he has concerns with sid ewalks on private property due to maintenance and liability issues. Mr. Smith stated they could allow the sidewalks to be built out to the curb with a hold harmless agreement. The applicant's architect, Peter Valace, addressed the Commission saying the original plan was to restore the old bicycle shop for the Moore's r es idence; ho wever, they have decided to construct a new structure next door and mimic the old building. He stated they are comfortable with all of the s taffs conditions but they are requesting to construct th e additional 4 ' of sidewalk toward the street instead of into the Moore's property. Mr. Valace explained the Moore's are wi lling to pay for the installation or contract it themselves. He said they would even like to use the pavers that are us ed throughout town. Mr. Burrell asked ho w many square feet will be fo r commercial and M rs . Moore res pond ed approximately 1,200 square feet on the second floor will be for commercial. Mr. Turner st ated he would like to have commercial on the bottom floor. Mrs. Moore explained there will not be any li ving space on the bottom floor and the commercial space will be above th e garage. Mr. Val ace stated the entire old bicycle building will be commerc ial. Mr. Burrell said he would like to see more commercial space for a building located in the Centra l Bu siness District and less res idential. Mr. Turner stated h e agrees we n eed to keep Downtown commercial but the site meets the current regu lations and if we want something different then we need to c hange the requirements. Mr. Roberds stated this is the best p lan he has seen for the site in years. Mr. Fogarty and Mr. Ch arles said they li ke the site plan. Mrs. MacKellar said she is glad to see something being done with the site. George Roberds made a motion to accept the staff recommendation to approve contingent upon the fo llowing conditio ns: 1. The landscape plan sh all meet the app roval of the City of Fairhope Horticulturist prior to th e issuance of a building permit. 3 December I, 2014 Planning Commission Minutes 2. The applicant shall provide a screening detail of the mechanical equipment. 3. Eight foot sidewalks shall be installed to the satisfaction of the City of Fairhope. 4. The parking spaces shall be 10'x20'. 5. The flow model shall meet the approval of the Water and Sewer Superintendent, Dan McCrory. Dick Charles 2 nd the motion and the motion carried unanimously. Storm Water Management Plan (SWMP) review and approval, Kim Burmeister. Mr. Smith stated the City of Fairhope operates under the Municipal Separate Storm Sewer System (MS4) Phase II General Permit Number ALR040040 and the SWMP is a yearly permit requirement. He stated the review and approval is also required as part of the permit. He added the SWMP is available for public review on the City's website. Mr. Smith explained there are seven changes in the 2015 SWMP and five of them are due to the City's ADEM review. Jennifer Fidler made a motion to approve the 2015 Storm Water Management Plan (SWMP) as written. George Roberds 2nd the motion and the motion carried unanimously. Old/ New Business Election of Officers -Bob Clark said he is not prepared to make nominations at this time and he would like to hold the election over until the January meeting. 2015 Agenda Schedule -Dick Charles made a motion to accept the 2015 Planning Commission agenda schedule as proposed. Jack Burrell 2nd the motion and the motion carried unanimously. SD 12.07 Request of Preble-Rish, LLC for a 2 year Preliminary Plat extension of Natures Trail, Phase 2, a 45-lot division, Steve Pumphrey. The property is located at the northeast corner of the intersection of Thompson Hall Road and Windmill Road. Mr. Smith gave the staff report saying the property is located inside city limits and is zoned R-2 Medium Density Single Family Residential District. He said the preliminary plat was approved in December 2012 and Phase 1 received final plat approval in November 2014 . He stated the project has been and continues to be under construction. Staff recommendation is to approve as requested. Mr. Turner stated he did not have an issue with approving a 2 year extension since the applicant submitted the full project and have already completed the first phase. George Roberds made a motion to accept the staff recommendation to approve a 2 year extension of the preliminary plat of Natures Trail, Phase 2. Dick Charles 2 nd the motion and the motion carried unanimously. Mr. Burrell stated it is a mistake to allow mansions in the Central Business District and it needs to be addressed. He said it will be a problem during City events like parades and Arts and Crafts and the City will get complaints. He added he is all for mixed use but this is extreme. Mrs. MacKellar stated the three car garage is a little much in the CBD and that space could be commercial. Mr. Smith said if the Planning Commission would like , staff can draft a Zoning Ordinance amendment to propose a percentage or ratio for mixed use building in the CBD. Mr. Turner stated the ground floor should be commercial but he also likes having a ratio requirement. Mr. Burrell stated if the Planning Commission approves a change it will s till have to go before the City Council. 4 December I, 2014 Planning Commis sion Mi nut es Mr. Turner stated the site plan will also go to the City Council for approval. Mr. Burrell said if we don't like the rules then we need to change them. LID Meeting -Mr. Smith announced there will be a LID meeting on Thursday, December 11, 2014 at 3:30 in the Giddens Conference Room at the Fairhope Public Library for developers, builders, designers , architects, engi ne ers , contractors, and anyone els e that would like to attend . Dick Charles made a motion to adjourn and was 2nd by Bernie Fogarty. Having no further business, the meeting was over at 6:02 PM. ~I~ Lee Turner, Chairman 5