HomeMy WebLinkAbout04-06-2015 Planning Commission MinutesApril 6, 20 I 5
Plannin g Commi ss ion Minutes
The Planning Commission met Monday, April 6, 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 Mike Ford; 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 March 2, 2015 meeting were considered and Dick
Charles moved to accept the minutes with one correction and was 2nd by Jennifer Fidler.
The motion carried with one abstention by M ike Ford.
Bernie Fogarty stated he has a conflict with case ZC 15.04. He recused himself and left
the room.
ZC 15.04 Public hearing to consider the request of Preble-Rish, LLC for an
amendment to the Stone Creek PUD (Planned Unit Development), Steve Pumphrey.
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 saying the property is located inside city limits and is
zoned PUD. The site contains approximately 177 .20 acres and the applicant i s proposing
to amend approximately 73 acres. The newly proposed lots will make up Stone Creek,
Phase 3. On March 2, 2015 the Commission held a public h earing and the item was
tabled in order for the developer to meet with property owners within Stone Creek and
contemplate alternative layouts. The original master plan had a more "radial" pattern
than what was proposed at the March meeting. T he applicant had his development team
take all factors into consideration and he has presented staff and the Commission with
two options.
Option 1 consists of the layout that was previously submitted and also shows the "future
development" lots on the south end of the Master Plan deleted . A greenbelt behind the
lots was also added, per staffs recommendation. The deletion oflots ("future
development") amounts to a significant reduction in densi ty for the PUD and e liminates
the commercial and any multi-family component at this time. The appli cant no longer
owns the property to be taken out of the PUD; therefore he has no control over what will
or will not be developed . Per the owner, option 1 allows for a minimum home size of
approximately 2,400 square feet.
Option 2 consists of a layout that has a more radial design pattern and al so shows the
"future development" lots on the south end of the Master Pl an deleted. The lots for
option 2 are smaller than the lots shown for option 1, but are in keeping with the radial
design. Per the owner, option 2 allows fo r a minimum home size of 2,000 square feet. A
greenbelt is also incorporated behind lots in this design.
The original Master Plan consisted of 257 single fam il y lots and 4 commercial sites.
Three of the commercial lots were removed, per the last amendment to the Stone Creek
PUD in 2014 . As previously mentioned, at this time, the entire southern part of the
original Master P lan is be ing modified to de lete all single fam il y, commercial and multi-
family lots originally approved. This will result in a density decrease of 136 singly family
lots and no commercial lots. With the deletion of the commercial and multi-family
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components, this development will no longer be in keeping with the City's
"Neighborhood Village Center" pattern as outlined in the Comprehensive Plan, however,
North Village at Stone Creek (just north of the subject PUD) has commercial and
residential components.
The newly proposed setbacks are generally as follows: Front -25 ', Rear -20', Side -1 O'
and Street Side -20'. The original master plan had varying setbacks for the area in
which phase 3 is proposed. The setbacks varied from only 20' front and rear setbacks to
30' front and 20' rear setbacks.
The lots just west of Option 1 (phase 3) that are already platted and recorded have the
following setbacks: Front -30', Rear -20', Side -1 O' and Street Side -20'. Staff
recommends Option 1 (phase 3) have the same setbacks as the lots abutting, to the west.
Staff recommendation is to approve amendment option 1 or option 2 for the Stone Creek
PUD with following conditions:
-If Option 1 is selected:
1. The area currently labeled "Not Part of Stone Creek PUD" shall be labeled as a
Buffer Zone, per the revised narrative submitted to staff on March 26, 2015.
2. The setbacks shall also be the same as the existing lots abutting the west side of
the newly proposed lots.
-If Option 2 is selected:
1. A Site Data Table shall be placed on upon the Master Plan (Site Plan).
2. The area currently labeled "Not Part of Stone Creek PUD" shall be labeled as a
Buffer Zone, per the revised narrative submitted to staff on March 26, 2015.
3. The setbacks shall also be the same as the ex isting lots abutting the west side of
the newly proposed lots.
Steve Pumphrey addressed the Commission saying the adjacent property owner
purchased the undeveloped portion of Stone Creek and then sold 73 acres back to the
developer with an agreement for a 300' buffer to the east b etween Stone Creek and his
property. Mr. Smith stated the area has been designated as a buffer zone. Mr. Pumphrey
explained this amendment will eliminate the remaining lots to the south and the last
commercial lot. He stated any new lots would require an additional PUD amendment
with Planning Commission and City Council approval. Mr. Pumphrey stated the
applicant provided the 91 residents in Stone Creek with the two proposed layouts and 49
of the residents responded in writing with 48 preferred Option 1 which is the design that
was presented at the March 2nd Planning Commission meeting. Mr. Pumphrey requested
the Commission only consider Option 1 for approval.
Mr. Turner opened the public hearing.
Sean McDonald of 226 Stone Creek Blvd. -He stated he is one of the longest residents in
Stone Creek and Option 1 is the best design. He said it will keep property values up and
the developer has done a great job and the new phase will still be keeping with the overall
plan for Stone Creek.
Having no one else present to speak, Mr. Turner closed the public hearing.
Mr. Turner stated the public input is considered but it is not the deciding factor for cases.
Mr. Charles asked which plan has the le ast impervious area and will be best for drainage.
Mr. Pumphrey responded Option 1 has larger lots and more greenspace. Mrs. Fidler
asked if the site will drain to the existing pond behind the clubhouse and Mr. Pumphrey
responded yes. Mrs. Fidler stated if Chapel Farms owns the "buffer" then it could come
back one day to be developed. Mrs . MacKellar stated Fairhope needs the larger lots and
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she likes the diversity. George Roberds made a motion to accept the staff
recommendation to approve Option 1 with the following conditions:
1. The area currently labeled "Not Part of Stone Creek PUD" shall be lab eled as a
Buffer Zone, per the revised narrative submitted to staff on March 26, 2015.
2. The setbacks shall also be the same as the existing lots abutting the west side of
the newly proposed lots.
Dick Charles 2nd the motion and the motion carried unanimously. Mrs. Fidler stated it is
important to find out what the property owners want and she appreciates Mr. Reehl for
taking the time and providing the information because it did help her decide.
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, Steve
Pumphrey. 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. Mr. Smith
gave the staff report saying the property is zoned PUD and the proposed layout, lot sizes,
and area and dimensional requirements are consistent with the proposed PUD amendment
(ZC 15 .04 -Option 1) that has been simultaneously submitted. Approximately 21.22
acres exist within th e proposed phase and there are 43 proposed lots. Staff
recommendation is to approve contingent upon the following conditions:
1. The existing stormwater facilities shall meet the current City of Fairhope
storm water standards. A signed and sealed letter from the engineer of record shall
be submitted clarifying that the existing stormwater infrastructure meets current
City standards .
2. Any aspect of the layout or area and/o r dimensional requirements in the Planned
Unit Development that may change as a result of the simultaneous amendment
request (ZC 15.04 Option 1) shall be shown on the Prelimin ary Plat.
3. No street trees shall be located within 25' of intersections. The plans need further
revision.
4. The applicant shall provide a typical detail for the required retro-reflective
signage, per Jennifer Fidler (Public Works Director).
5. The symbol for the required wetland buffer signage on the plat does not appear to
be consistent with the symbol on the map le ge nd. The applicant shall revise.
6. The lot numbers on the construction plans shall be consistent with the lot numbers
on the plat.
7. C onstruction plans, sheet 4-Overall Plan, shall re fl ect changes made to the plat.
8. The revised plat submitted is labeled "Boundary and Topographic Survey." The
plat shall be labeled "Pre liminary Plat."
Mr. Turner opened the public hearin g. Having no one present to speak, Mr. Turner
closed the public hearing. George Roberds made a motion to accep t the staff
recommendation to appro ve co ntingent upon the fo ll owing conditions:
1. T he existing stormwater fac ilities shall meet the current City of Fairhope
storm water standards. A signed and sealed letter from the engineer of record sha ll
be submitted clarifying that the existing stormwater infrastructure meets current
City standards.
2. Any aspect of the layout or area and/or dimensional requirements in the Planned
Unit Development that may change as a result of the simultaneous amendment
request (ZC 15.04 Option 1) s ha ll be shown on the P reliminary Plat.
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3. No street trees shall be located within 25' of intersections. The plans need further
rev1s10n.
4. The applicant shall provide a typical detail for the required retro-reflective
signage, per Jennifer Fidler (Public Works Director).
5. The symbol for the required wetland buffer signage on the plat does not appear to
be consistent with the symbol on the map legend . The applicant shall revise.
6. The lot numbers on the construction plans shall be consistent with the lot numbers
on the plat.
7. Construction plans, sheet 4 -Overall Plan, shall reflect changes made to the plat.
8. The revised plat submitted is labeled "Boundary and Topographic Survey." The
plat shall be labeled "Preliminary Plat."
Bob Clark 2nd the motion and the motion carried unanimously.
Bernie Fogarty returned to the dais.
SD 15.08 Public hearing to consider the request of Sawgrass Consulting, LLC for
Preliminary Plat approval of Twin Beech Estates, an 8-lot subdivision, Tom
Granger. The property is located on the north side of County Road 44 (a.k.a. Twin
Beech Road), just west of State Highway 181. Mr. Smith gave the staff report saying the
property is located in Baldwin County and is unzoned. The property consists of 22 .65
acres and 8 lots are proposed. Staff recommendation is to approve contingent upon the
following conditions:
1. A note shall be added regarding the following: A Property Owners Association
(POA) is required to be formed. The POA is required to maintain all stormwater
facilities and structures located outside of the publicly maintained/accepted right-
of-way.
2. A fire flow test meeting the approval of the Water and Sewer Superintendent shall
be submitted.
3. The submittal of a BMP plan.
4. The submittal of documents relating to Baldwin County's decision regarding
sidewalks .
Mr. Granger was present to answer any questions.
Mr. Turner opened the public hearing.
Justin Taylor of 9711 Twin Beech Road -He is adjacent to the subject property and owns
Bee Natural Farms. He requested a natural buffer remain between his property and Lot 1
and Lot 8.
Having no one else present to speak, Mr. Turner closed the public hearing.
Mr. Turner asked if Lot 8 will remain in its current state and Mr. Smith responded he is
not sure. Mrs. Fidler asked what the side setback will be between the subject property
and Mr. Taylor 's property. Mr. Smith explained the subject property is unzoned and the
City can't require setbacks. Mrs. MacKellar asked if there is a pedestrian plan for
sidewalks along Twin Beech. Mr. Smith stated this is County right-of-way and they did
not show interest in wanting a sidewalk. Mr. Turner s tated he would like to see the
developer put in sidewalks along these lots.
Dick Charles made a motion to accept the staff recommendation to approve contingent
upon the following conditions:
1. A note s hall be added regarding the following : A Property Owners Association
(POA) is required to be formed. The POA i s required to maintain all stormwater
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facilities and structures located outside of the publicly maintained/accepted right-
of-way.
2. A fire flow test meeting the approval of the Water and Sewer Superintendent shall
be submitted.
3. The submittal of a BMP plan.
4. The installation of sidewalks with Baldwin County's approval.
Bernie Fogarty 2nd the motion and the motion carried unanimously.
SD 15.09 Public hearing to consider the request of Moore Surveying, Inc. for Final
Plat approval of Sam's Hill Top, a 2-lot minor subdivision, Seth Moore. The
property is located on the west side of S. Greeno Road,just south of Dove Lane at 18713
S. Greeno Road. Mr. Smith gave the staff report saying the property is located in the City
of Fairhope and is zoned R-1 Low Density Single Family Residential District. The total
site area is approximately 3.65 acres and 2 lots are proposed. 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 note that a drainage plan shall be required at the time of building permit shall
be placed on the plat.
3. The applicant shall work with Dan McCrory, Water and Sewer Superintendent
with regards to the availability of water and sewer service.
4. The applicant shall correct the vicinity map replacing Mosley Road with the
correct road.
5. Fifteen foot easements shall be provided along side and rear lot lines.
6. The applicant shou ld explore the possibility of a common access point between
Lots 1 and 2.
Mr. Turner opened the public hearing. Having no one present to speak, he closed the
public hearing. Mrs. MacKellar asked if a buffer is required between the subj ect property
and Huntington Woods. Mr. Smith responded a buffer is not typically required between
residential properties. Mr. Charles asked if a shared access i s required by the State and
Mr. Smith stated there is no access plan for Greeno Road and it is only a
recommendation.
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 shall
be submitted.
2. A note that a drainage plan shall be required at the time of building permit shall
be placed on the plat.
3. The appli cant shall work with Dan McCrory, Water and Sewer Superintendent
with regards to the availability of water and sewer service.
4 . The applicant shall correct the vicinity map replacing Mosley Road with the
correct road .
5. Fifteen foot easements shall be provided along side and rear lot lines.
6. The applicant should explore the possibility of a common access point between
Lots 1 and 2.
Hollie MacKellar 2nd the motion and the motion carried unanimously.
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SD 15.10 Public hearing to consider the request of HMR, LLC. for Final Plat
approval of Pate House Subdivision, a 1-lot minor division, Scott Hutchinson. 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 in the City of Fairhope and is
zoned TR (Tourism Resort) District. The subject property consists of .82 acres and one
lot is proposed in order to separate an existing home from the remnant parcel of the
Colony at the Grand property. Mr. Smith explained this case was heard by the
Commission on December 1, 2014 and the case passed unanimously; however, the plat
was not recorded within 60 days of the approval. Staff recommendation is to approve the
request as proposed. Mr. Turner stated the property is part of the TR District and no
changes have been made to the zoning district so the original application still meets all of
the requirements. Mr. Turner opened the public hearing.
Horace Gilbert of 6286 Houston Place -He stated there has been a lot of building in the
area and it is causing erosion and drainage issues with the ditch. Mr. Hutchinson stated
he would address the issues with the builder, Stuart Contracting, in Battles Trace and
have them fix the ditch.
Having no one else present to speak, he closed the public hearing.
Dick Charles made a motion to accept the staff recommendation to approve the request as
proposed. Bernie Fogarty 2nd the motion and the motion carried unanimously.
SD 15.11 Public hearing to consider the request of HMR, LLC. for Final Plat
approval of Watershed South, a 10-lot subdivision, Scott Hutchinson. The property
is located on the west side of Battles Road ( a.k.a. County Road 34) just south of County
road 44. Mr. Smith gave the staff report saying the property is located in the City of
Fairhope and is zoned TR (Tourism Resort) District. The project is approximately 4.39
acres and 10 lots are proposed. Mr. Smith explained this case was heard by the
Commission on December 1, 2014 and the case passed unanimously; however, the plat
was not recorded within 60 days of the approval. Staff recommendation is to approve
contingent upon the following conditions:
1. The applicant shall submit a subdivision bond agreement and Final Guarantee for
street trees and sidewalks.
2. A fully executed maintenance bond agreement and maintenance bond shall be
submitted.
3. The applicant shall provide verification through the Director of Planning and the
City Attorney, whether there are any required updates to the contractual
documents (such as new dates, etc.). Any revised contractual documents shall be
submitted.
4. The submitted landscape plan shall meet the approval of the City of Fairhope
Horticulturist.
5. The applicant shall correct any discrepancies in the O&M Plan. The O&M Plan
shall reflect current conditions.
6. The corrected Operations and Maintenance Plan shall be recorded as required by
the City of Fairhope Subdivision Regulations.
7. A satisfactory final inspection shall be required and any final inspection punch list
items shall be completed prior to signing the plat.
8. The appli cant shall show the placement of the wetland buffer signage on the plat.
9. The applicant shall provide a signed and sealed drainage letter certifying the
detention pond and associated storm water system.
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Scott Hutchinson was present to answer any questions. Mrs. Fidler asked how the site
drains and Mr. Hutchinson responded the roadway has an inverted crown and drains to
the lake on the golf course.
Jennifer Fidler made a motion to accept the staff recommendation to approve contingent
upon the following conditions:
1. The applicant shall submit a subdivision bond agreement and Final Guarantee for
street trees and sidewalks.
2. A fully executed maintenance bond agreement and maintenance bond shall be
submitted.
3. The applicant shall provide verification through the Director of Planning and the
City Attorney, whether there are any required updates to the contractual
documents (such as new dates, etc.). Any revised contractual documents shall be
submitted.
4. The submitted landscape plan shall meet the approval of the City of Fairhope
Horticulturist.
5. The applicant shall correct any discrepancies in the O&M Plan. The O&M Plan
shall reflect current conditions.
6. The corrected Operations and Maintenance Plan shall be recorded as required by
the City of Fairhope Subdivision Regulations.
7. A satisfactory final inspection shall be required and any final inspection punch list
items shall b e completed prior to signing the plat.
8. The applicant shall show the placement of the wetland buffer signage on the plat.
9. The applicant shall provide a signed and sealed drainage letter certifying the
detention pond and associated storm water system.
Dick Charles 2nd the motion and the motion carried unanimously.
UR 15.02 Request of AT&T for an 11.52.11 Review and approval of the proposed
installation of approximately 500 linear feet of fiber optic cable, Jeff Hadley. The
project will run on the west side of Thompson Hall Road from Sedgefield Avenue south
to the end of city limits . 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 will be high speed fiber internet U-Verse and the method of installation w ill be
directional boring for the entire distance for the project. Staff recommendation is to
approve, conditional upon the applicant following the general comments related to utility
work as stated in the staff report.
George Roberds made a motion to accept the staff recommendation 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.
UR 15.03 Request of AT&T for an 11.52.11 Review and approval of the proposed
installation of approximately 6,230 linear feet of fiber optic cable, Jeff Hadley. The
project will run throughout Natures Trail, Phase One subdivision. Mr. Smith gave the
staff report saying the app lic a nt will be installing new high speed fiber internet U-Verse
fiber optic cable to service the residents of the subdivision. The method of installation
will be directional boring for the entire distance for the project. Staff recommendation is
to approve, conditional upon the applicant following the general comments related to
utility work as stated in the staff report.
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George Roberds made a motion to accept the staff recommendation to approve,
conditional upon the applicant following the general comments related to utility work as
stated in the staff report. Bernie Fogarty 2nd the motion and the motion carried
unanimously .
UR 15.04 Request of the City of Fairhope Water and Sewer Department for an
11.52.11 Review and approval of the proposed installation of approximately 1,800
linear feet of 3" sewer line, Jeff Hadley. The project will run on the south side of
Nelson Road from Heard Road to the end of Liberty Road. Mr. Smith gave the staff
report saying the proposed project will start on the comer of Nelson Road and Heard
Road. The line will go east on the south side of Nelson Road to Liberty Street and
continue down Liberty Street to an end point to serve a residence. The method of
installation will be open digging and directional boring. Staff recommendation is to
approve, subject to the comments listed in the staff report.
George Roberds made a motion to accept the staff recommendation to approve, subject to
the comments listed in the staff report. Jennifer Fidler 2 nd the motion and the motion
carried with one abstention by Hollie MacKellar.
Old / New Business
Comprehensive Plan 2015 Update Findings Report, Christopher Baker -Mr. Baker
of Thompson Engineering gave a PowerPoint presentation of the Findings Report and a
summary of the progress regarding the Comprehensive Plan 2015 Update.
Mr. Smith announced there will be a Special Planning Commission meeting held on May
7, 2015 at 5:00 PM in the Council Chambers for public input regarding the Findings
Report.
Dick Charles made a motion to adjourn and was 2nd by Bernie Fogarty.
Having no further business, the meeting was over at 6 :22 PM.
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