HomeMy WebLinkAbout03-02-2015 Planning Commission MinutesMarch 2, 2015
Plannin g Commi ssion Minutes
The Planning Commission met Monday, March 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; 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 :00 PM and announced the meeting
is being recorded. The minutes of the February 2, 2015 meeting were considered and
moved to accept the minutes with one correction and was 2 nd by Bernie Fogarty. The
motion carried unanimously.
SD 15.04 Public hearing to consider the request of Terrel James for Preliminary and
Final Plat approval of Fairhope Micro Cottages, a 2-lot minor subdivision, Seth
Moore. The project is located on the south side of Nichols Avenue just west of Young
Street at 614 Nichols Avenue. Mr. Smith gave the staff report saying the property is
inside city limits and is zoned B-1 Local Shopping District. The site is approximately .35
acres and two lots are proposed. Mr. Smith stated the proposed area, dimensions, and
setbacks are consistent with the B-1 zoning district requirements. Staff recommendation
is to approve contingent upon the following conditions:
1. A flow model meeting the approval of the Water and Sewer Superintendent shall
be submitted.
2. A fue hydrant is required every 450' and at every intersection. T he applicant will
need to provide a fire hydrant at this location.
Seth Moore was present for the applicant to answer any questions.
Mr. Turner opened the public hearing. Having no one present to speak, he closed the
public hearing.
Mrs. Fidler asked what will be required for the drainage plan at the time of building
permit because there are issues on Middle Street. Mr. Moore responded a drainage study
will be done and the impervious area calculated to see what drainage will be needed for
the s ite .
Dick Charles made a motion to accept the staff recommendation to approve contingent
upon the following conditions:
1. A flow model meeting the approval of the Water and Sewer Superintendent sha ll
be submitted.
2. A fire hydrant is required every 450 ' and at every intersection. The applicant will
need to provide a fire hydrant at this location.
Bernie Fogarty 2 nd the motion and the motion carried unanimously.
Bernie Fogarty stated he has a conflict with case ZC 15.02. He recused himself and left
the room.
ZC 15.04 Public hearing to consider the request of Preble-Rish, LLC for a n
amendment to the Stone Creek PUD (Planned Unit Development), John Avent. The
property is located on the east side of State Highway 181, just south of the intersection of
County Road 44 (a.k.a. Twin Beech Road) and Highway 181. Mr. Smith gave the staff
recommendation sayi ng th e property is located inside city limits and i s zoned PUD. Th e
1
March 2, 20 I 5
Planning Commission Minutes
site contains approximately 177 .20 acres and the applicant is proposing to amend
approximate ly 73 acres. The revision will remove 122 lots on 73 acres and replace with
43 lots on 21.22 acres. The newly proposed lots will make up Stone Creek, Phase 3. The
amendment would decrease the density from 1.4 7 units per acre to 1.09 units per acre.
Staff recommendation is to approve the request contingent upon the following conditions:
1. An additional street stub shall be placed between lots 108 and 109.
2. A greenbelt shall be added behind abutting lots in Phase 3.
John Avent was present to answer any questions.
Mr. Turner opened the public hearing.
Overton Moore -218 Wentworth Street -He stated he has 32 affidavits from residents
that do not want the PUD amended. He explained he is opposed to this amendment
because is deviates from the distinctive pattern and radial design. He added the
amendment will prevent the overall plan from being realized and this phase is not
consistent with the existing development.
Pat Fogarty -335 Lennox Square -He stated the original design is beautiful but the
developer doesn't own all the property anymore then he doesn't have control over it and
it will probably never be completed. He said the proposal is a reasonable change and the
larger lots will benefit the existing homes.
Floyd Carlson-425 Olde Lodge Blvd. -He asked if the new phase will be allowed to
use the amenities and have the same building guidelines. Mr. Turner responded the
Commission does not address covenants and restrictions.
Fay Farris -214 Wentworth Street-She stated the owner may not want to develop the
remaining property now but people change and it is not safe to assume anything.
Rance Reehl, the developer, addressed the Commission saying he went through a difficult
time after the master plan was designed and the adjacent property owner bought some of
the undeveloped property in the PUD. He explained he recently purchased 21 acres back
to develop and this plan is what will work best for the site. He said he is proposing larger
lots and reducing the overall density of the development. He reminded the Commission a
portion of commercial was recently amended with no opposition. He noted the greenbelt
has been added as per the staff recommendation. Mr. Reehl concluded Mr. Pilot does not
intend to develop the remaining property and he is also purchasing lots 108 and 109 and
he does not want to put a street stub between the lots.
Jason Tunnell -421 Boulder Creek Avenue -He stated one third of the residents are
against the proposed design change but the other two thirds are okay with it.
Mr. Moore responded he has 32 signatures out of the 70 he notified.
Having no one else present to speak, Mr. Turner closed the public hearing.
Mrs. Fidler said the residents bought into a plan and now it is changing. She stated she
wouldn't be happy either. Mr. Clark said he agreed with Mrs. Fidler and to change the
p lan now doesn't seem fair to those who already li ve there. Mrs. MacKellar explained
the economic downturn hurt a lot of developments . She stated now there is a need for the
larger lots but she wo uld like to see more greenspace which is what Stone Creek is
known for. She stated developments change because of the market and this change is for
the better. Mr. Turner stated he doesn't think he has ever seen a PUD fully developed
without changes being made. He added this PUD has already been changed once. Mr.
Clark said he has no objection. Mr. Roberds said they should keep with what is there
now and Mr. Pilot bought property that was part of a PUD . Mr. Reehl stated he would
like to see the master plan realized but he no longer owns the property. Mr. Burrell said
the original plan is beautiful and he doesn't like they can't keep the layout. He added it is
2
March 2 , 2015
Planning Commission Minutes
rare to see people object to larger lots. Mr. Avent explained they tried to make the
original layout work but it wouldn't with the property available. He stated Mr. Pilot did
not want the development any closer to his property and he was adamant about the
guidelines for the new phase. Mr. Roberds asked if there are no plans to develop the rest
then why a stub-out needed and Mr. A vent responded it is required by the regulations.
Dick Charles made a motion to table the request until the next meeting for a new plan.
J ennifer Fidler 2nd the motion and the motion carried with the following votes: A YE -
Jennifer Fidler, Bob Clark, Dick Charles, Hollie MacKellar, George Roberds, and Jack
Burrell. NAY -Lee Turner.
Bernie Fogarty returned to the dais.
SD 15.05 Public hearing to consider the request of Preble-Rish, LLC for
Preliminary Plat approval of Stone Creek, Phase 3, a 43-lot subdivision, John
Avent. The property is located on the east side of Highway 181 , just south of the
intersection of County Road 44 ( a.k.a. Twin Beech Road) and Highway 181 . Bob Clark
made a motion to table the request until the next meeting for a new plan. Jennifer Fidler
2nd the motion and the motion carried with one abstention by Bernie Fogarty.
SD 15.06 Public hearing to consider the request of Preble-Rish, LLC for
Preliminary Plat approval of Firefly, a 27-lot subdivision, Andy Bobe. The property
is located on the east side of Sandy Ford, at the end of South Drive. Mr. Smith gave the
staff report saying the property is currently located in Baldwin County and is zoned Rural
Agricultural (RA) District. The applicant is requesting to establish PUD zoning
concurrent with conditional annexation. The property consists of 80.4 acres and 27 lots
are proposed. Staff recommendation is to approve contingent upon the following
conditions:
I. The PUD approval is pending. The preliminary plat is contingent upon receiving
PUD approval. The approval of the PUD with all the conditions of the PUD
approval shall be satisfied prior to the submission of a Final Plat.
2. Sidewalks shall be constructed per the PUD.
3. The applicant shall include "Preliminary Plat" in the title block.
4. The wetlands delineation report and jurisdictional l etter shall be provided.
5. Jennifer Fidler's review and approval/and or comments of the following shall be
obtained:
a . Any alternative to the aerator shall meet the approval of the Public Works
Director. The maintenance specifics of the drainage system shall be added
to the Operations and Maintenance Plan.
b. Landscape Plan
c. Bridge narrative input.
6. A note regarding the requirement for a future through street sign shall be added to
the plat.
7. A detail of the permanent wetland buffer sign shall be placed in the construction
drawings.
8. A hydraulic profile shall be conducted to determine the location and installation
of the air release valves, prior to the installation of the utilities.
Mr. Burrell asked how lots 1 and 4 would be accessed and Mr. Smith responded Lot 4 is
a flag lot and Lot 1 from South Drive. Mr. Turner opened the public hearing. Having no
3
March 2, 2015
Planning Commission Minutes
one present to speak, he closed the public hearing . Mrs. Fidler asked if there is a traffic
calming device on Flatwoods Drive and Mr. Bobe responded yes, in the middle. Mrs.
MacKellar asked what material the bridge would be and Mr. Bobe responded concrete.
Mrs. MacKellar asked if there is a connection to the Fly Creek development and Mr.
Burrell answered it is further west on South Drive. George Roberds made a motion to
accept the staff recommendation to approve contingent upon the following conditions:
1. The PUD approval is pending. The preliminary plat is contingent upon receiving
PUD approval. The approval of the PUD with all the conditions of the PUD
approval shall be satisfied prior to the submission of a Final Plat.
2 . Sidewalks shall be constructed per the PUD.
3. The applicant shall include "Preliminary Plat" in the title block.
4. The wetlands delineation report and jurisdictional letter shall be provided.
5. Jennifer Fidler's review and approval/and or comments of the following shall be
obtained:
a. Any alternative to the aerator shall meet the approval of the Public Works
Director. The maintenance specifics of the drainage system shall be added
to the Operations and Maintenance Plan.
b. Landscape Plan
c. Bridge narrative input.
6. A note regarding the requirement for a future through street sign shall be added to
the plat.
7. A detail of the permanent wetland buffer sign shall be placed in the construction
drawings.
8. A hydraulic profile shall be conducted to determine the location and installation
of the air release valves, prior to the installation of the utilities.
Dick Charles 2 nd the motion and the motion carried unanimously.
SD 15.07 Public hearing to consider the request of Preble-Rish, LLC for Final Plat
approval of Stone Creek Villas, a 57-lot subdivision, John Avent. The property is
located on the east side of State Highway 181, just south of the intersection of County
Road 44 (a.k.a. Twin Beech Road). Mr. Smith gave the staff report saying the property is
located in the City of Fairhope and is zoned PUD. The property is approximately 22.22
acres in size and consists of 57 single family lots. Staff recommendation is to approve
contingent upon the following conditions :
1. A pedestrian path shall be provided in the Alabama Power Easement as per the
PUD. The path materials are to be approved by Alabama Power. The pedestrian
path shall be reflected in the as-built drawings.
2. The fully executed street tree and sidewalk bond agreement shall be submitted.
3. The fully executed maintenance bond agreements shall be submitted. A revised
signed, sealed engineers maintenance bond cost estimated shall be resubmitted.
4. A disk of the GIS As-Builts shall meet the approval of Dan McCrory, Water and
Sewer Superintendent.
5. Permanent buffer signage shall be installed every 100 feet. A detail of the
signage shall be provided.
6. The final inspection punch list shall be completed to the satisfaction of the City of
Fairhope.
7. The final street tree plan shall meet the approval of Jennifer Fidler, City of
Fairhope Horticulturist.
4
March 2, 2015
Planning Commission Minutes
8. The most recent final plat shall be added to the O&M plan prior to recording.
Mr. A vent was present for the applicant 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 contingent upon
the following conditions:
1. A pedestrian path shall be provided in the Alabama Power Easement as per the
PUD. The path materials are to be approved by Alabama Power. The pedestrian
path shall be reflected in the as-built drawings.
2 . The fully executed street tree and sidewalk bond agreement shall be submitted.
3. The fully executed maintenance bond agreements shall be submitted. A revised
signed, sealed engineers maintenance bond cost estimated shall be resubmitted.
4 . A disk of the GIS As-Builts shall meet the approval of Dan McCrory, Water and
Sewer Superintendent.
5. Permanent buffer signage shall be installed every 100 feet. A detail of the
signage shall be provided.
6. The final inspection punch list shall be completed to the satisfaction of the City of
Fairhope.
7. The final street tree plan shall meet the approval of Jennifer Fidler, City of
Fairhope Horticulturist.
8. The most recent final plat shall be added to the O&M plan prior to recording.
Bernie Fogarty 2nd the motion and the motion carried unanimously.
SR 15.01 Request of The Broadway Group, LLC for Site Plan approval of a New
Retail Store, Patrick Carr. The property is located on the south side of Morphy
Avenue just east of US Highway 98. Mr. Smith gave the staff report saying the property
is zoned B-2 General Business District and is approximately 1.54 acres. The proposed
structure is approximately 10,640 square feet in size. Staff recommendation is to approve
contingent upon the following conditions:
1. The drainage plan shall be si gned and sealed by the engineer of record.
2. T he landscape plan shall meet the approval of Jennifer Fidler, City of Fairhope
Horticulturist.
3 . Architectural elevations shall significantly improve with 4 sided architecture and
no visible exposed metal. The front parapet shall be of a material other than
metal.
Mr. Smith stated he has spoken with the representative and they appear to have satisfied
the conditions. He said the landscape plan will be amended and a brick facade will be
installed. Mrs. Fidler noted a tree protection plan is to save large trees and she has been
working with the applicant and would like to save a 40" cedar tree. Mrs . Fidler and Mrs.
MacKellar stated a sidewalk is needed along Morphy A venue. Mr. Turner stated the
Single Tax has been working on a sidewalk plan for 17 months for this area. Patrick Carr
addressed the Commission saying there is no connection on either side for a sidewalk.
Mr. Charles, Mr. Clark, and Mr. Turner all agreed a sidewalk is needed and should be
added to the landscape plan. Jack Burrell made a motion to accept the staff
recommendation to approve contingent upon the following conditions:
1. The drainage plan shall be signed and sealed by the engineer of record.
2. The landscape plan shall meet the approval of Jennifer Fidler, City of Fairhope
Horticulturist.
5
March 2, 2015
Planning Commission Minutes
3. Architectural elevations shall significantly improve with 4 sided architecture and
no visible exposed metal. The front parapet shall be of a material other than
metal.
4. A sidewalk shall be installed along Morphy Avenue and be adjacent to the right of
way for connection to future sidewalks.
George Roberds 2nd the motion and the motion carried unanimously.
Old/ New Business
Mixed Use Buildings in the Central Business District (CBD) -Mr. Smith stated there
will be a committee meeting on Thursday, March 19, 2015 at 4:30 PM at the Nix Center.
Comprehensive Plan Update -Mr. Smith announced the Finding Report will be ready
soon and a Special PC meeting will be held at the beginning of May.
Dick Charles made a motion to adjourn and was 2nd by Hollie MacKellar.
Having no further business, the meeting was over at 6:20 PM.
k;}~
Lee Turner, Chairman
6