HomeMy WebLinkAbout02-02-2015 Planning Commission MinutesFebruary 2, 2015
Planning Commission Minutes
The Planning Commission met Monday, February 2, 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 5:01 PM and announced the meeting
is being recorded. The minutes of the January 5, 2015 meeting were considered and
Bernie Fogarty moved to accept the minutes with one correction and was 2 nd by Jack
Burrell. The motion carried unanimously.
SR 14.04 Request of S.E. Civil Engineering, LLC for Site Plan approval of 406 Oak
Avenue, Larry Smith. The project is located on the southwest comer of the intersection
of Oak A venue and Bancroft Street. Jonathan Smith gave the staff report saying the
property is located in the City's Central Business District and is zoned B-4 Business and
Professional District. The property is approximately 0.148 acres and a 2,804 square foot
mixed use building is proposed. The applicant is proposing a 35' height. Staff
recommendation is to approve contingent upon the applicant implementing tree
preservation techniques to save and preserve the existing oak tree noted on the
construction plans. Larry Smith was present to answer any questions. Mr. Burrell asked
what the square footage is of the first floor and Mr. Larry Smith responded 1,900 square
feet and he said it will likely be an office. Mr. Burrell said he has concerns with mixed
use and he wants to see the first floor used for commercial or retail. Mr. Turner asked if
the building height were 45 ', would the roof still be flat or would it have a pitch and Mr.
Lan·y Smith responded it would not matter because you can't tell the difference from the
pedestrian level. Mayor Kant stated the live oak tree needs to be protected and any
digging should be done by hand. Mrs. Fidler asked who the landscape architect is for the
project and Mr. Larry Smith responded Sexton Lawn and Landscape. Mr. Burrell asked
if the 1,900 square feet also included parking and Mr. Larry Smith responded no , it is the
heated and cooled only. Mr. Turner stated he thought all of the properties in the CBD
were zoned B-2 General Business District. Mr. Jonathan Smith explained there are only
a handful of properties in the CBD that are not zoned B-2 and due to the overlay di strict
the same uses are allowed. Dick Charles made a motion to accept the staff
recommendation to approve contingent upon the applicant implementing tree
preservation techniques to save and preserve the existing oak tree noted on the
construction plans. Bernie Fogarty 2 nd the motion and the motion carried unanimously.
Bernie Fogarty stated he has a conflic t 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
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 this application was heard at the
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February 2, 2015
Planning Commission Minutes
January 5, 2015 Planning Commission meeting. The Planning Commission tabled the
application until tonight to address issues raised during the public hearing. Mr. Smith
stated the applicant has met with the homeowners association but he does not know of
any resolution to their concerns. On January 14, 2015 staff received written
correspondence from the applicant requesting the application be tabled until the March
meeting to address additional concerns. Staff recommendation is to table the request
until the March 2, 2015 Planning Commission meeting per the applicant's written request
and due to complex site conditions. Mr. Charles asked if the flooding issues have been
addressed or looked at by an engineer. Mr. Smith responded he is unaware if the
drainage has been looked at; however, the applicant has submitted a wetland delineation
which only indicates a small area of wetlands. He added a large scale drainage study
would need to be performed in order to address the flooding issues. Mr. Turner stated he
does not need additional information to know he does not feel comfortable with adding to
existing flooding issues. He said he would rather stop the process now than cause the
applicant to spend more money and the project sti ll not be approved. Mr. Clark stated he
could not vote for the project after seeing the water i ssues. Mayor Kant explained he
does not want to encourage more costs for the applicant after receiving numerous letters
and a petition from the entire neighborhood. He stated flooding has been an issue in this
area since day one and the water has to go somewhere. There was discussion regarding
whether action should be taken on the request or if it should be tabled. Mayor Kant
stated if the request is denied, the applicant can resubmit. Mr. Burrell asked if the
applicant will be required to pay another submittal fee and Mr. Smith responded yes.
Tim Kant made a motion to deny the rezoning request due to storm water issues. Dick
Charles 2nd the motion and the motion carried with one abstention by Jack Burrell.
UR 15.01 Request of AT&T for an 11.52.11 Review and approval of the proposed
installation of approximately 2,141 linear feet of fiber optic cable, Jeff Hadley. The
project will run on the east side of Veterans Drive from US Highway 98 to State
Highway 104 . Mr. Smith gave the staff report saying AT&T is converting an old
network to a new fiber optic network in the proposed project location. The new system
wi ll be h igh speed fiber internet U-Verse. The method of installation will be directional
boring. Staff recommendation is to approve, conditional upon the applicant following the
general comments related to utility work in the staff report. Mrs. Fidler requested the
installation be moved closer to the roadway. She stated there have been some issues with
the lines not being installed deep enough in the ditches . She asked that the applicant
work with Public Works on the location and depth of the cable installation. Jennifer
Fidler made a motion to accept the staff recommendation to approve contingent upon the
following conditions:
1. The applicant following the general comments related to utility work in the staff
report.
2 . The applicant work with Public Works regarding the location and depth of the
cable installation.
Dick Charles 2nd the motion and the motion carried unanimously.
Old/ New Business
Traffic and Operations Plan -Mr. Smith stated the Planning Department has received
the update and is reviewing it.
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Planning Commi ssion Minutes
Mixed Use Buildings in the Central Business District (CBD) -Mr. Smith stated there
will be a committee meeting on Thursday, February 26, 2015 at 4:30 PM at the Nix
Center.
Comprehensive Plan Update -Mr. Smith announced the surveys will be mailed out by
Friday.
Fairhope Single Tax Corporation -Mr. Tuner announced the Fairhope Single Tax
Corporation will be holding a meeting on Saturday, February 14, 2015 in the Gibbon's
Conference Room at the Fairhope Public Library from 9 AM until 11 AM.
Dick Charles made a motion to adjourn and was 2nd by Jack Burrell.
Having no further business, the meeting was over at 5 :40 PM.
-;lff:r~-
Ce~r, Chairman
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