HomeMy WebLinkAbout01-05-2015 Planning Commission MinutesJanuary 5, 2015
Planning Comm iss ion Minutes
The Planning Commission met Monday, January 5, 2015 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; Councilmember Jack Burrell; Hollie
MacKellar; Jonathan Smith, Planning Director; Nancy Milford, Planner; and Emily
Boyett, Secretary
Absent: none
Chairman Lee Turner called the meeting to order at 5:00 PM and announced the meeting
is being recorded. The minutes of the December 1, 2014 meeting were considered and
Dick Charles moved to accept the minutes with one correction and was 2 nd by Bernie
Fogarty. The motion carried with one abstention by Tim Kant.
SD 14.22 Public hearing to consider the request of Bobby Faust for Preliminary and
Final plat approval of Isloe Place, a 4-lot minor division, Skip Davis. The property is
located on the northeast comer of the intersection of Bishop Road and Morphy Avenue.
Mr. Smith gave the staff report saying the property is located inside city limits and is
zo ned R-4 Low Density Multi-Family Residential District. The property consists of 3.02
acres and four lots are proposed. Staff recommendation is to approve as requested. Skip
Davis was present to answer any questions.
Mr. Turner opened the public hearing.
Debra Green -415 Maple Street -She stated four single family lots are much better than
what could be done on the site with R-4 zoning. She asked if the applicant would be
allowed to construct multiple buildings on each of the four lots. She stated Mr. Roberds
and Mr. Turner should recuse themselves from this case. She said Mr. Roberds is an
adjacent property owner and his R-5 zoned property was influential in the rezoning of the
subject property. Mrs. Green stated Mr. Turner is the President of the Fairhope Single
Tax Corporation and he should not speak to this case. Mr. Turner responded he sent a
letter to the Alabama Ethics Commission and was told there is no issue with him
participating in this case.
Bobby Green -415 Maple Street -He asked if a drainage plan is required for a minor
subdivision and if the applicant could build more than one house per lot. Mr. Smith
responded the drainage will be addressed at the time of building permit for each lot. He
also explained if more than two structures are constructed on any lot , then a multiple
occupancy project review will be r equired. Having no one else present to speak; Mr.
Turner closed the public hearing.
Mr. Davis stated h e is the applicant's realtor and he cannot speak to any potential buyer.
Mr. Smith stated the Commission approved the zoning change approximately 3 months
ago. Tim Kant made a motion to accept the staff recommendation to approve as
requested. Bob Clark 2 nd the motion and the motion carried with one abstention by
George Roberds.
Bernie Fogarty stated he has a conflict with case ZC 15.02. He recused himself and left
the room.
ZC 15.02 Public hearing to consider the request of RM Development Corporation to
rezone property from R-3 High Density Single Family Residential District to R-3TH
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High Density Single Family Townhome Residential District, Craig Dyas. The
property is located on the southwest comer of the intersection of Fairhope Avenue and
River Mill Drive. Mr. Smith gave the staff report saying the property consists of
approximately 1.9 acres and is currentl y undeveloped. He stated the applicant is
contemplating approximately seven townhomes to front on River Mill Drive. He said the
site will present challenges due to possible wetlands and the topography and he feels a
high density development will be hard to accomplish. Mr. Smith explained the staff
recommendation was based on the Planning Commission's comments from the Informal
Review and the strict requirements in the Zoning Ordinance for townhomes. Staff
recommendation is to approve as requested. Mr. Dyas was present and requested to wait
until after the public hearing to speak.
Mr. Turner opened the public hearing.
Wanda Tredway -20343 River Mill Drive -She said she is opposed to this request and
so is the rest of the neighborhood. She presented a petition with 177 signatures from the
River Mill Subdivision in opposition. She stated concerns wi th flooding, traffic, safety,
drainage, wetlands, and property values. She said the adjacent property owner want the
property to remain single fam il y residential.
Donna Weaver-19919 River Mill Drive-She stated she agrees with Mrs. Tredway's
statements.
Russell Wiles -21317 Rolling Oaks Drive -He stated he owns several properties in
River Mill and he is looking at buying more but this request concerns him. He submitted
documents showing the surrounding drainage and said the issues are increasing. He
stated the original flow has been changed and doesn't work which is causing flooding.
Ht: said if townhomes are allowed, they should be separated from River Mill and buffered
with fencing and landscaping. He also stated the property should be accessed from
County Road 48 and not River Mill Drive.
Darla Dorsey -10462 Stee l Creek Court -She provided pictures showing the extreme
flooding in her yard and the surrounding properties. She stated the stormwater and
drainage must be addr essed before anything else. She al so said she does not want
townhomes in her front yard.
Alex Garrett -20202 Marion Court -She exp lained she bought her house in 2007 as a
starter home for the safety and family atmosphere in the neighborhood. She questioned
the number of units, ownership, and cost of the townhomes. She also stated concerns
with traffic, flooding, and wetlands.
Tonya Melson -10451 Steel Creek Court -She stated her lot is the largest on the street
and is a doub le lot because of the flooding. She said she does not want townhomes in her
backyard. She stated the property owners in River Mill take pride in the neighborhood
and have cleaned it up. She said she has seen the entire subject property underwater and
cars and yards flooded on Steel Creek Court.
Timothy Clark -20222 River Mill Drive -He stated he agrees with the previous
comments.
Emma Wood -20355 Marion Court -She stated she has lived in River Mill for 15 years.
She spoke poorly of the applicant and said she does not want townhomes in River Mill.
Jackie Lee -20221 Marion Court -She stated she has lived in River Mill for 2 years and
has spent $35 ,000 to remodel and landscape her house. She explained the residents in
River Mill maintain the entry where the applicant wants to put in parking and a driveway
for the townhomes. She said the residents have pride in the neighborhood and
townhomes will deter other families from River Mill.
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Brent Wiles -20359 Marion Court-He said he bought his house knowing the subject
property was zoned R-3. He asked why we have zoning if it can just be changed.
Having no one else present to speak, Mr. Turner closed the public hearing.
Mr. Dyas addressed the Commission saying he was okay with the comments until Ms.
Wood started to slander him. He said Ack Moore was the engineer for River Mi ll and
River Mill Drive was designed to be a dam. He stated the double lot on Steel Creek
Court is not due to flooding, it was for his nephew who wanted a larger lot so he was
given two lots. He said the unknown is what causes fear. Mr. Dyas explained the dirt
that has been dumped on the subject property is not to try and fill the property but just a
place to stockpile it. He stated he will have a wetland delineation done on the property
but he doesn't want to spend money on the project if he is not going to be allowed to do
it. He stated no one in this group of opposition has contacted him with any of these
concerns. He said he does not want to harm the 160 lot subdivision he created and the
proposed project will be a quality development.
Mr. Burrell stated approximately 6 homes could be built on the subject parcel with the
current R-3 zoning. He said he has issues with on-street parking but he has seen nice
townhomes that would increase property values. Mr. Burrell suggested Mr. Dyas should
meet with the River Mill property owners and show them sketches of what he is
proposing. Mr. Dyas said he has pictures of similar projects with on-street parking.
Mayor Kant explained the subj ect parcel is only one lot and Mr. Dyas would have to
subdivide it to build multiple homes. He said the number of homes that could be built
would depend on the wetlands. Mr. Burrell said he was just looking to the future and
stating other possibilities for the property with the current zoning. Mr. Roberds stated the
drainage will have to be approved and meet our current standards before anything can be
built. Mr. Smith noted townhomes have additional requirement over and above drainage.
Mr. Turner said the pictures of the flooding make it hard to think anything could be
developed on the site. Mr. C lark stated he has issues with flooding and he doesn't know
that can be so lved. Mr. Charle s said the drainage needs to be solved first to protect the
homeowners.
Daniel Dyas addressed the Commission saying they are asking for townhomes which
would consolidate the impervious surface which will help the drainage and flooding. He
stated the project will require drainage improvements and will help uphold the property
values for the area.
Mrs. Fidler stated townhomes fit this site and the Comprehensive Plan. She noted a
sidewalk connecting the property to Walmart would be needed. She said flooding is a
major concern but it is not just from this site. She explained the flooding is being caused
from upstream in the watershed. She stated she is okay with the use change but after
hearing so many property owners in opposition, she suggested Mr. Dyas should try to
work with the homeowners group. Mrs. MacKellar said she visited the site and she
remembers when River Mill was developed. She stated a sidewalk is definitely needed to
connect everything. She said she would like to see drawings and know more details. She
agreed Mr. Dyas should work with the neighborhood. Mr. Roberds asked Mr. Dyas ifhe
has looked at the drainage with an engineer and Mr. Dyas responded only in dialogue .
Mr. Dyas stated no one's house has ever flooded only the road and their yards. Mayor
Kant asked how anything can be built on the site without it being underwater in these
rains. Mr. Dyas responded they will not be able to develop the site if it is going to flood.
Mr. Burrell asked if staffs recommendation is based on the Subdivision Regulations and
the Comprehensive Plan. Mr. Smith responded the staffs recommendation to approve is
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based on the positive comments given by the Planning Commission at the Informal
Review and the Comprehensive Plan. Mr. Burrell asked if there are restrictions to
resubmit if the request is denied and Mr. Smith responded yes if the case goes before the
City Council and is denied, the property cannot be resubmitted for one year. Mr. Burrell
suggested tab ling the request to work with the River Mill property owners. Mr. Charles
said the drainage issues need to be addressed first. Jack Burrell made a mo t ion to table
the request for one month. Dick Charles 2nd the motion. Mr. Turner said he would like
to have an engineer look at the site and the drainage. Mr. C lark asked if the motion to
table was to allow the applicant to address drainage, traffic, and adjacent property
owners' concerns and Mr. Burrell responded yes and to give the app li cant an opportunity
to work some detai ls out. Mr. Turner suggested the residents of River Mill look at some
of the townhome developments around Fairhope. Mr. Smith stated staff will need to
receive any new information prior to the next meeting. Mr. Burrell asked if the applicant
needs more than one month. Mayor Kant said he wants a wetland delineation done prior
to voting on the zoning change. Mr. Roberds stated it may not be legal to tab le for more
than one month. The motion carried with the following vote: A YE-Jennifer Fidler, Lee
Turner, Dick Charles, Hollie MacKellar, George Roberds, and Jack Burrell. NAY -Tim
Kant and Bob Clark.
Bernie Fogarty returned to the dais.
SD 15.02 Public hearing to consider the request of the City of Fairhope Planning
and Zoning Department for a proposed amendment to Article V, Section D., 6.
Pedestrian Design Standards of the City of Fairhope Subdivision Regulations
regarding sidewalk installation, Jonathan Smith. Mr. Smith gave the staff report
saying the Subdivision Regulation currently state "all streets shall include a pedestrian
area comprised of a planting strip and a sidewalk, according to the Table 5.3 in Appendix
A. All sidewalks shall be installed prior to final plat approval." Mr. Smith stated this
wording was approved by the Commission on Apri l 7, 2014 . Since this amendment,
there have been concerns regarding duplicating efforts due to t he inevitability that the
sidewalks will be damaged or destroyed during construction and they will need to be
fixed or replaced prior to the issuance of a Certificate of Occupancy for the home. Staff
proposes the Subdivision Regulations be amended to essentially revert back to the
previous requirement, with the added requirement that all sidewalks shall be engineered
and graded as part of the construction of the subdivision infrastructure, but the
installation will be required prior to the issuance of a Certificate of Occupancy. The
proposed amendment to Article V, Section D., 6. Pedestrian Design Standards is as
follows:
"6) Pedestrian Area Design Standards -All streets shall include a pedestrian area
comprised of a planting strip and a sidewalk, according to the standards in Table 5 .3
in Appendix A.
The developer may have the flexibility to construct the sidewalks within 2 years of
final plat approval. A letter of credit guaranteeing the construction for 125% of the
engineer's estimated is required. At the end of 2 years, all sidewalks shall be
completed by either the deve loper or City, using the letter of credit.
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The areas in which the sidewalks will be poured shall be graded and compacted at
the time the subdivision infrastructure is constructed."
Staff recommendation is to approve the proposed amendment to the City of Fairhope
Subdivision Regulations. Mr. Smith also requested that staff be able to enforce the
proposed amendment as it is written and not allow the bonds or letters of credit to be
extended. Mr. Clark asked if the only change from the previous wording is the grading
requirement and Mr. Smith responded no, also the enforcement. Mr. Fogarty asked if a
Certificate of Occupancy is give after the final inspection and Mr. Smith answered yes.
Mrs. Fidler stated this amendment makes sense. She said not having sidewalks is
dangerous and the grading will help with the final installation. Mayor Kant said the
sidewalks need to be installed prior to the City Council votes to accept the streets. Mr.
Smith explained the Council accepts the streets after the final approval with the bonds or
letters of credit in place. Mayor Kant said he wanted to make sure the City doesn't end
up having to put the sidewalks in and Mr. Smith responded the City can call on the bonds
if the sidewalks are not installed before the 2 year time period. Mayor Kant also
mentioned concerns with street trees and the width of planting strips. Mrs. Fidler agreed
the street trees need more room and she recommended a 10' width. Mr. Smith stated
staff can look into these issues. Mr. Burrell asked if there will be time to call on the
bonds or letters of credit if they expire in 2 years. Ms. Milford stated staff sends letters to
the developers and can call on the bond in time to cover the sidewalk installation. Mr.
Turner opened the public hearing. Having no one present to speak, he closed the public
hearing. Jack Burrell made a motion to accept the staff recommendation to approve the
proposed amendment to Article V, Section D., 6. Pedestrian Design Standards of the City
of Fairhope Subdivision Regulations to read as follows:
"6) Pedestrian Area Design Standards -All streets shall include a p edestrian area
comprised of a planting strip and a sidewalk, according to the standards in Table 5.3
in Appendix A.
The developer may have the flexibility to construct the sidewalks within 2 years of
final plat approval. A letter of credit guaranteeing the construction for 125% of the
engineer's estimated is required. At the end of 2 years, all sidewalks shall be
completed by e ither the developer or City, using the letter of credit.
The areas in which the sidewalks will be poured shall be graded and compacted at
the time the subdivision infrastructure is constructed."
Jennifer Fidler 2 nd the motion and the motion carried unanimousl y.
SD 15.03 Public hearing to consider the request of the City of Fairhope Planning
and Zoning Department for a proposed amendment to Article V, Section F., 7.
Detention and Retention Facilities, a. of the City of Fairhope Subdivision
Regulations regarding development size requirements, Jonathan Smith. Mr. Smith
gave the staff report saying due to the importance of storm water management and recent
catastrophic flooding events, staff proposes modifying the language pertaining to the size
and type of projects where a combination of storage and controlled release is required for
multi-family residential and si ngle family developments. The Subdivision Regulations
currently state "A combination of storage and controlled release of storm water shall be
required for road construction, non-residential developments of one acre or more, multi-
family residential developments of five acres or more, and single family developments of
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ten acres or more." Essentially staff is recommending that the project size for requiring
storm water facilitation be reduced from multi-family residential projects from 5 acres or
more to 1 acre or more and for single family residential projects from 10 acres or more to
3 acres or more. The amendment will also add provisions regarding minor subdivisions.
The proposed amendment to Article V, Section F., 7. Detention and Retention Facilities,
a. is as follows:
"A combination of storage and controlled release of stom1 water shall be required
for road construction, non-residential developments of one acre or more, multi-
family residential developments of one acre or more, and single family residential
developments of three acres or more. The requirement for a combination of
storage and controlled release of storm water is not required for minor
subdivisions; however, if the Planning Commission deems that the intensity of the
development could cause off-site storm water flow impacts during or after
development, a combination of storage and controlled release shall be required."
Staff recommendation is to approve the proposed amendment to the City of Fairhope
Subdivision Regulations. Mr. Turner opened the public hearing. Having no one present
to speak, he closed the public hearing. Bernie Fogarty made a motion to accept the staff
recommendation to approve the proposed amendment to Article V, Section F ., 7.
Detention and Retention Facilities, a. is as follows:
"A combination of storage and controlled release of storm water shall be required
for road construction, non-residential developments of one acre or more, multi-
family residential developments of one acre or more, and single family residential
developments of three acres or more. The requirement for a combination of
storage and controlled release of storm water is not required for minor
subdivisions; however, if the Planning Commission deems that the intensity of the
development could cause off-site storm water flow impacts during or after
development, a combination of storage and controlled release shall be required."
Bob Clark 2 nd the motion and the motion carried unanimously.
Old / New Business
Election of Officers -Bob Clark made a motion to re-elect Lee Turner as Chairman.
Dick Charles 2nd the motion and the motion carried unanimously.
Bob Clark made a motion to re-elect George Roberds as Vice-Chair. Bernie Fogarty 2nd
the motion and the motion carried unanimously.
Bob Clark made a motion to re-elect Emily Boyett as Secretary. Hollie MacKellar 2nd the
motion and the motion carried unanimously.
Mixed Use Buildings in the Central Business District (CBD) -Mr. Smith stated there
have been recent discussions regarding the regulations pertaining to mixed use building
in the CBD. He said staff is looking into potential amendments to the Zoning Ordinance
and would like input from the Commissioners regarding percentages or ratios for
residential versus commercial space. Mr. Turner said he would like the storefront s on the
street but the commercial square footage would not have to be all on the ground level.
Mr. Charles stated he does not think mega mansions should be downtown. Mr. Clark
asked what the ordinance allows now and Mr. Smith stated the ordinance has incentives
for residential. Mr. Clark said we should limit more government regulations. He said
downtown h as developed pretty well with what we have now so why are we trying to
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change it. Mr. Fogarty asked what the boundaries are for the CBD and Mr. Smith
responded Oak A venue to Morphy A venue and Bancroft Street to Church Street. Mayor
Kant suggested changing the boundaries for the CBD. He said the developers know the
rules and the cut-offs for limits to work around. Mr. Burrell stated he is going to push
this issue after the last site plan on N. Section Street. He said we need to preserve the
commercial we have downtown and reserve the CBD for commercial or we won't have
it. He stated every business downtown could be renovated to a residence with our
existing ordinances. Mrs. MacKellar agreed this is an issue that needs to be looked into.
Mayor Kant stated if no one lives downtown then we will lose what we already have. He
said we do not need to make too many changes. Mr. Clark stated he is okay with having
commercial on the bottom floor. Mayor Kant suggested appointing a committee to look
at and discuss the options . Mr. Burrell stated he would chair the committee and Mr.
Fogarty said he would like to be a member. Mr. Turner stated he will appoint a
committee.
Dick Charles made a motion to adjourn and was 2nd by Bernie Fogarty.
Having no further business, the meeting was over at 7:00 PM.
~~er, Chairman ----~ •
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