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HomeMy WebLinkAbout11-02-2015 Planning Commission MinutesNovember 2, 2015 Planning Commission Minutes The Planning Commission met Monday, November 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; Jennifer Fidler; Bob Clark; Bernie Fogarty; Jay Robinson; Hollie MacKellar; Councilmember Mike Ford; Jonathan Smith, Planning Director; Nancy Milford, Planner; and Emily Boyett, Secretary Absent: none Chairman Lee Turner called the meeting to order at 5:03 PM and announced the meeting is being recorded. The minutes of the October 5, 2015 meetin~ were considered and George Roberds moved to accept the minutes as written and was 2n by Bernie Fogarty. The motion carried with one abstention by Bob Clark. ZC 15.11 Public hearing to consider the request of Fred and Kris Hayek to rezone property from R-1 Low Density Single Family Residential District to PUD (Planned Unit Development), Louis Tooker. The property is located on the east side of Greeno Road across from Hancock Road, at 848 N. Greeno Road. Mr. Smith gave the staff report saying the property is zoned R-1 and inside the City of Fairhope. The applicant is proposing a PUD on 3 .23 acres, which consists of Office/Professional, Retail, Medical, and Food Service uses. The master plan shows four separate two-story buildings that are proposed to be residential is scale, to better fit within the residential appearance of the surrounding properties and area. The appli cant has worked with staff to alleviate many of the initial concerns. Staff recommendation is to approve the R-1 to PUD zoning request, contingent upon the following conditions: 1. The retail use percentage shall be reduced significantly, to the Planning Commission's satisfaction. The retail use shall only be a small component that will help support other permitted uses . 2. If approved, a detailed Site Plan Review shall be required and approved by the Planning Commission and City Council. 3. The note on sheet A-1 "Proposed uses for these commercial buildings shall include, but are not limited to:" shall be amended to reflect exactly what uses are allowed in the PUD and the aforementioned percentage requirements. 4. On sheets A-5 and A-6, the language regarding signage shall be amended stating that only one monun1ent style sign shall be installed. Louis Tooker addressed the Commission saying the site currently has a 1965 single family residence and the applicant is proposing 27,000 square foot of commercial space. He stated the retail will be limited to only support the commercial uses. Mr. Tooker explained the owner wants to do what is right and set the bar high since this is the first plan to come before the Commission in this area. Mr. Turner opened the public hearing. Joe Verhostra of 812 N . Greeno Road -He does not have any objections and thinks this is a good plan. He said the area needs something and not residential. Phylis Barley of 2A Winterhaven Court -She stated this is a great place for this and it is needed. Holly Hayek-Waived time. 1 November 2, 2015 Planning Commi ssio n Minutes Dan Hanson -He said he supports this plan. John Mitchell of 231 Divot Loop -He stated this PUD makes good sense and this is an excellent location. Mack McKenzie-Waived time. Having no one else present to speak, Mr. Turner closed the public hearing. Mr. Turner asked what the buffer will be from Greeno Road and Mr. Tooker responded it is a 40' landscaped berm. He said there will only be one row of cars in front of the buildings but they should not be visible from Greeno Road. Mayor Kant had questions regarding building height, traffic, deceleration lanes and turnouts, and building elevations. Mr. Tooker explained the 35' building height is enough to accomplish their needs and maintain a residential look and feel with the buildings . He said the State has mentioned a frontage road along US Hwy. 98 but no specific details have been worked out for the site. Mr. Tooker stated the project is to be built as it is presented. Mr. Roberds asked why additional parking was eliminated and Mr. Smith responded to allow the 40 ' buffer and screening from Greeno Road. Mr. Fogarty asked if the building signage will be visible from Greeno Road with the proposed berm. Mr. Smith stated the signage will meet the requirements of the Sign Ordinance and a monument sign will be allowed on the edge of the property. Mrs. Fidler asked how this project meets the Comprehensive Plan and Mr. Smith responded there is language in the Comprehensive Plan for commercial, r etail, and business with less square footage geared for retail to protect Downtown. Mr. Clark commended the applicant and this plan. He said this is what the Commission has been asking someone to do. Mr. Roberds asked what the height of the proposed berm will be along Greeno Road and Mr. Smith responded approximately 4' to 5' high. Bernie Fogarty made a motion to accept the staff recommendation to approve the R-1 to PUD zoning request, contingent upon the following conditions: 1. The retail use percentage shall be reduc ed significantly, to the Planning Commission's satisfaction. The retail use shall only be a small component that wi ll help support other permitted uses. 2. If approved, a detailed Site Plan Review shall be required and approved by the Planning Commission and City Counci l. 3. The note on sheet A-1 "Proposed uses for these commercial buildings shall include, but are not limited to:" shall be amended to reflect exactly what uses are allowed in the PUD and the aforementio ned percentage requirements. 4. On sheets A-5 and A-6, the language regarding signage shall be amended stating that only one monument style sign shall be installed. Hollie MacKellar 2 nd the motion. Mayor Kant stated he does not mind the retail percentage just as long as it is supporting the business components. He said he is mainly concerned with traffic and having the State approve the design. Mrs. Fidler said this is increasing the density and residential is possible on Greeno Road. She noted the Woodland s, Plantation Pines, and Colonial Acres are all residential subdivisions on Greeno Road. The motion carried with the following vote: A YE -Tim Kant, Bob Clark, Bernie Fogarty, Lee Turner, Jay Robinson, Hollie MacKellar, George Roberds and Mike Ford. NAY -Jennifer Fidler. SD 15.22 Public hearing to consider the request of JADE Consulting, LLC for Preliminary Plat approval of Bridlewood Farms, an 11-lot subdivision, Trey Jinright. The property is loc ated on the west side of Langford Road across from My 2 November 2, 2015 Planning Commissio n Minutes Way. Mr. Smith gave the staff report saying the subject property is located in Baldwin County and is unzoned. The property consists of 100.2 acres and eleven lots are proposed. The setbacks are as follows: front-60', rear-30', and side -30'. Staff recommendation is to approve contingent upon the following conditions: 1. The applicant shall review the need for traffic calming devices and install a traffic calming device to slow traffic along the major street of the subdivision if a traffic calming device is warranted. 2. The applicant shall provide proof that a NOI was submitted to ADEM. 3. The applicant shall provide sidewalks and street trees. 4. The applicant shall add reference to the plat regarding the City of Fairhope Subdivision Regulations, Article V, Section F., 3, a, (4) Stream Buffers to note 7 on the plat. Mr. Jinright addressed the Commission saying this will be an equestrian development with the smaller lots being 5 acres and the larger lots 15 acres. He stated the applicant is aware of and agreeable to staffs conditions. Mr. Turner opened the public hearing. Having no one present to speak, he closed the public hearing. Mrs. Fidler referenced the wetlands on the property and asked how high Pensacola Branch gets during heavy rainfall. Mr. Jinright responded the lots are all high and there is a buffer along the wetlands . Mayor Kant asked if the wetland buffer is 50' or 30' and Mr. Smith responded only 30' is required for this site. Mayor Kant questioned road maintenance and fire protection. Mr. Smith stated the road will be a public County maintained road and Dan McCrory, Water and Sewer Superintendent, has reviewed the site for fire protection. George Roberds made a motion to accept the staff recommendation to approve contingent upon the following conditions: 1. The applicant shall review the need for traffic calming devices and install a traffic calming device to slow traffic along the major street of the subdivision if a traffic calming device is warranted. 2. The applicant shall provide proof that a NOi was submitted to ADEM. 3. The applicant shall provide sidewalks and street trees . 4. The applicant shall add reference to the plat regarding the City of Fairhope Subdivision Regulations, Article V, Section F., 3, a, (4) Stream Buffers to note 7 on the plat. Bob Clark 2 nd the motion. Mr. Turner stated he likes the larger lots out this far and it meets the Comprehensive Plan. The motion carried unanimously. SD 15.23 Public hearing to consider the request of JADE Consulting, LLC for Preliminary Plat approval of Pointe Place, Phase II, an 18-lot subdivision, Trey Jinright. The property is located on the northwest corner of the intersection of Twin Beech Road and Battles Road. Mr. Smith gave the staff report saying the property is located in the City of Fairhope and is zoned PUD. The property consists of 9.08 acres and 18 lots are proposed. Staff recommendation is to approve contingent upon the following conditions: 1. The applicant shall add a tree protection detail in the construction drawings. Approval from the Public Works Director regarding the proposed tree protection plan is required. 2. Documented approval from Baldwin County for the road cut shall be provided. 3 November 2, 2015 Planning Commiss ion Minutes 3. The applicant shall submit an additional narrative clarifying how the LID techniques are met by this design requiring the approval of the City of Fairhope Planning Director. 4. Street trees are shown on sheet C4 of the construction plans. However, no street tree locations were noted in the construction plans. Please provide a drawing clarifying the location of the street trees. Also provide verification that the street trees will not conflict with the proposed bio-retention ponds. 5. The applicant shall submit proof of notification to ADEM regarding this project. 6. The pond shall not hold water over 72 hours, if it does, than an aerator shall be required at the time of final plat. Mr. Jinright addressed the Commission saying this phase is just an extension of Phase I and the same design and concepts will be continued. Mr. Turner opened the public hearing. Ben and Annette Davis -Waived time. Andy Lips of 6240 and 6210 Battles Road -He stated concerns with drainage and said water stands where the pond is proposed. He explained the water drains via open ditches and they can't handle any more water. Having no one else present to speak, Mr. Turner closed the public hearing. Mr. Jinright explained half of the site will drain to the pond and anything over the design will go in the opposite direction to the pond in Phase I. He stated there will not be an outfall to Battles Road or Twin Beech Road. Mayor Kant questioned where the water will go in large rains and Mr. Jinright responded to the pond in Phase I. Mayor Kant asked if there are covenants to protect the drainage area from being cleared and Pat Achee responded yes, there are fines in the covenants for cutting any trees. Mr. Ford asked if water will be put out on Battles Road and Mr. Jinright responded no. Mr. Roberds asked how the bio-retention pond will be maintained and Mr. Jinright explained the pond will be dug out but the rest of the area will be untouched. He said there will be an access between Lots 26 and 27 to maintain the pond. Mayor Kant suggested the access for the pond be from the road and not between lots. Mrs. Fidler noted all bio- retention areas will be maintained by the Property Owners Association. Tim Kant made a motion to accept the staff recommendation to approve contingent upon the following conditions: 1. The applicant shall add a tree protection detail in the construction drawings. Approval from the Public Works Director regarding the proposed tree protection plan is required. 2. Documented approval from Baldwin County for the road cut shall be provided. 3. The app licant shall submit an additional narrative clarifying how the LID techniques are met by this design, requiring the approval of the City of Fairhope Planning Director. 4. Street trees are shown on sheet C4 of the construction plans. However, no street tree locations were noted in the construction plans. Please provide a drawing clarifying the location of the street trees. Also provide verification that the street trees will not conflict with the proposed bio-retention ponds. 5. The applicant shall submit proof of notification to ADEM regarding this project. 6. The pond shall not hold water over 72 hours, if it does, than an aerator shall be required at the time of final plat. Hollie MacKellar 2nd the motion and the motion carried unanimously. 4 November 2, 2015 Planning Commission Minutes ZC 15.14 Public hearing to consider the request of HMR, LLC to amend the Colony at the Grand TR Tourism Resort District, Tim Lawley. The property is located on the north side of Battles Road, just west of the intersection of Section Street and Battles Road. Mr. Smith gave the staff report saying the property is located in the City of Fairhope and zoned TR District. The applicant is proposing to modify the previously approved TR District, known as the Colony at the Grand. An additional 1.9 acres Low Rise (LR) area is proposed to come in the existing 184.6 acres, which will result in a total acreage of approximately 186.5 acres. The additional acreage added is proposed to be the Azalea at the Colony Subdivision, which will be annexed into the City and consist of 6 single family lots. The application also includes an approximate 34.4 acres that was previously dedicated as Mid-Rise Zone to be amended to be a Low Rise Zone. Staff recommendation is to approve the proposed amendment to the Colony at the Grand TR District. Mr. Lawley was present to answer any questions. Mr. Turner opened the public hearing. Having no one present to speak, Mr. Turner closed the public hearing. Tim Kant made a motion to accept the staff recommendation to approve the proposed amendment to the Colony at the Grand TR District. Bob Clark 2 nd the motion and the motion carried unanimously. SD 15.24 Public hearing to consider the request of HMR, LLC for Preliminary Plat approval of Azalea at the Colony, a 6-lot subdivision, Tim Lawley. The property is located on the northwest comer of the intersection of S. Section Street and Old Battles Road. Mr. Smith gave the staff report saying the property is currently unzoned and located in Baldwin County. However, the applicant has submitted an application for conditional annexation into the City of Fairhope and to be zoned Tourist Resort (TR) District. The parcel is approximately 18.91 acres and 1.97 acres are being subdivided into 6 lots. Staff recommendation is to approve the request contingent upon the following conditions: 1. The applicant shall submit additional narrative justifying how the LID techniques are met by this design, requiring the approval of the City of Fairhope Planning Director. 2. The submittal of proof of the ADEM NOI form. 3 . The applicant shall execute the Operations and Maintenance document and then have the document recorded in probate at the time of final plat. Staff shall be provided a copy of the recorded document. Mr. Lawley was present to answer any questions . Mr. Turner opened the public hearing. Having no one present to speak, Mr. Turner closed the public hearing. Mrs. Fidler asked where the entrance will be on Section Street and Mr. Lawley responded there is an existing culvert for a dirt road with a gate and the subdivision entrance will be in the same general area. Mrs. Fidler noted there is a significant grade change on this property and Mr. Lawley stated there is a gully to the south of the proposed lots. Mr. Turner questioned the path shown on the rear of the proposed lots and Mr. Lawley explained it is the existing golf cart path for the golf course. T im Kant made a motion to accept the staff recommendation to approve the request contingent upon the following conditions: 1. The applicant shall submit additional narrative justifying how the LID techniques are met by this design, requiring the approval of the City of Fairhope Planning Director. 2. The submittal of proof of the ADEM NOI form. 5 November 2, 2015 Planning Commission Minutes 3. The applicant shall execute the Operations and Maintenance document and then have the document recorded in probate at the time of final plat. Staff shall be provided a copy of the recorded document. Jennifer Fidler 2 nd the motion and the motion carried unanimously. SD 15.25 Public hearing to consider the request of HMR, LLC for Preliminary Plat approval of Battles Trace, Phase III, a 43-lot subdivision, Tim Lawley. The property is located on the north side of Battles Road, to the west and north of the Co lony at the Grand Tower. Mr. Smith gave the staff report saying the property is located in the City of Fairhope and is zoned TR District. The site is approximately 18.42 acres and 43 lots are proposed. Staff recommendation is to approve the preliminary plat contingent upon the following conditions: 1. The applicant shall verify that the 20 10 drainage report is still accurate and takes into account current conditions. 2. The applicant shall submit the required ADEM NOI to ADEM prior to a land disturbance permit being i ssued. Mr. Lawley addressed the Commission saying this is Phase III of Battles Trace at the Colony. He said Phase I is almost built out and Phase II is currently under construction. Mr. Turner opened the public hearing. Linda Mason of 398 Fruit Tree Lane -She stated she closed on her house 10 days ago and the common area adjacent to her home will now have a road going through it. She said the neighbors were not aware of these changes and she wants to make sure the future development keeps with the design of Phase I. Zeb Harget of 398 Fruit Tree Lane -He said he was told nothing would ever be built on the common area and it would be a pocket park, now he will have a road next to his house. He stated they bought in thi s development because of the layout and the pocket parks and now he doesn't see those in Phase III. He asked why the trees in Phase III have white markings and he asked if this phase will be Mid-Rise. John Whitfield of 6394 Hawthorne Lane -Pastor of the New Zion Christian Church-He had concerns with drainage and asked if there will be an entrance into Phase III via Hawthorne Lane. Maurel Cummings of Over the Bay Condos -He asked if the common area is part of the Phase I recorded plat and it is being changed, then can the other common areas be changed as well. Having no one else present to speak, Mr. Turner closed the public hearing. Mr. Lawley addressed the Commission regarding the questions that had been asked. He said he has been the e ngineer on this project for 6 years with RSA. He stated the common areas that are pocket parks will remain the unchanged. He explained the common area in question has always had a 30' access and utility easement labeled on it for a road. He said every drawing he has seen of the master plan has shown a road in this location. Mr. Lawley noted 80 to 90% of the heritage oaks have been preserved for Phase III which is keeping with the design of Phase I. He stated the subject property was originally designed to be Mid-Rise townhomes and apartments but the amendment will change it to Low Rise Zone property. He said the drainage will be handled on site and will not be discharged to any other properties and Hawthorne Lane will not be used for access or utilities. Mayor Kant asked what the total number of units will be for the overall development and Mr. Lawley responded originally 637 units were proposed but t hi s amendment will reduce the density to around 400. Mrs. Fidler asked why this phase does not have the pocket parks 6 November 2, 2015 Planning Commission Minutes like the first two phases and Mr. Lawley responded these lots will back up to the 18 acre lake. Mr. Roberds asked about connectivity and Mr. Lawley stated it is not required for the TR District. Mrs. MacKellar asked if master plans are given to potential homebuyers and Mr. Lawley said he did not know but there was a master plan in the sales office . Mr. Robinson asked if the access easement is labeled on the Phase I recorded plat and Mr. Lawley responded yes. Mr. Roberds asked when subdivision signs and zoning change signs are posted on subject properties and Mr. Smith responded a minimum of 15 days prior to the meeting date. Mrs. Boyett stated the signs are also checked periodically to make sure they are still up. Mayor Kant asked why a "Future Through Street" sign wasn't posted and Mr. Smith responded it was not required. Mr. Robinson asked if the applicant could revert back to Mid-Rise with out approval and Mr. Smith answered no. Mr. Turner asked about pedestrian connectivity to the Tower and golf course. Mr. Lawley stated there are multiple trails that are already constructed and more are planned with upcoming phases. Mr. Ford said the residents have lots of questions and want to know what is going on. Mr. Lawley stated the access was clearly labeled and shown on the plat. Mrs. MacKellar asked what the distance is between the road and Lot 20 and Mr. Lawley responded between 20' to 30 '. Jennifer Fidler made a motion to accept the staff recommendation to approve the preliminary plat contingent upon the following conditions: 1. The applicant shall verify that the 2010 drainage report is still accurate and takes into account current conditions. 2. The applicant shall submit the required ADEM NOI to ADEM prior to a land disturbance permit being issued. Tim Kant 2nd the motion. Mrs. MacKellar asked if the Commission can require the master plan be provided to homebuyers and Mayor Kant explained there is no exact master plan because as long as they are within the district then anything is acceptable. Mr. Ford asked if the residents are satisfied and the audience responded no. Mr. Ford said this will come before the City Council and Mayor Kant explained only the zoning amendment and density will be heard by the Council. Mrs. Fidler stated the site exceeds the requirements of the tree ordinance. Jennifer Fidler amended the motion to include a landscaped buffer between the road and Lot 20. Tim Kant amended the 2 nd and the motion carried with the following vote: A YE -Tim Kant, Jennifer Fidler, Bob Clark, Bernie Fogarty, Lee Turner, Jay Robinson, Hollie MacKellar, and George Roberds. NAY -Mike Ford. George Roberds left the dais. UR 15.11 Request of AT&T for an 11.52.11 Utility Review and approval of the proposed installation of approximately 3,000 linear feet of fiber optic cable, Jeff Hadley. The project will run along Thompson Hall Road, Bay Meadows Avenue and cross State Hwy. 181 to serve Firethome Subdivision. Mr. Smith gave the staff report saying the project will consist of two road bores and two hand hol es and all work shall be directionally bored; no trenching is allowed. Staff recommendation is to approve conditional upon the applicant following the general comments related to utility work, as stated in the staff report. Mrs. Fidler noted the entire project shall be bored and all conduits shall be a minimum of 3' under any drainage structure or a minimum of 7' under grade. Bernie Fogarty made a motion to accept the staff recommendation to approve conditional upon the applicant following the general comments related to utility work, as 7 November 2, 2015 Planning Commission Minutes stated in the staff report. Hollie MacKellar 2nd the motion and the motion carried unanimously. George Roberds returned to the dais. UR 15.13 Request ofMediacom for an 11.52.11 Utility Review and approval of the proposed installation of approximately 10,533 linear feet of underground CATV cable. The project will run throughout Summer Lake subdivision. Mr. Smith gave the staff report saying the project consists of p lacing 10 ,533 linear feet of CATV cable underground. He stated all work shall be directionall y bored and no trenching is allowed. Staff recommendation is to approve conditional upon the applicant following the general comments related to utility work, as stated in the staff report. Tim Kant 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. Bob Clark 2 nd the motion and the motion carried unanimously. UR 15.14 Request of Mediacom for an 11.52.11 Utility Review and approval of the proposed installation of approximately 11,614 linear feet of underground CATV cable. The project will run throughout Old Battles Village subdivision. Mr. Smith gave the staff report saying the project consists of p lacing 11,614 linear feet of CA TV cable underground. He stated all work shall be directionally bored and no trenching is allowed. Staff recommendation is to approve conditional upon the app licant following the general comments related to utility work, as stated in the staff report. Tim Kant made a motion to accept the staff recommendation to approve conditional upon the applicant following the general comments re l ated to uti lity work, as stated in the staff report. Bernie Fogarty 2 nd the motion and the motion carried unanimously. Old I New Business DeLaney Re-Plat Waiver-Mr. Smith explained Valery DeLaney has submitted a replat of two existing residential lots that are bounded by Fels Avenue on the south, George Street on the west, Morphy A venue on the north and Equity Street on the east. Both lots are currently improved with residential homes and associated structures. This replat was submitted for approval in accordance with Article IV, Section E., 2. of the Subdivision Regulations, which permit the Planning Director to approve lot line adjustments as an administrative matter. However, there is a limitation on the Planning Director's approval authority in subsection 2 that prohibits the Planning Director from approving a plat where a lot is reduced below the minimum size otherwise required by the Subdivision Regulations. Currently, Lot 3 of the proposed replat is a conforming lot, and Lot 1 is a non-conforming lot. As a result of the rep lat, Lot 1 will be made a conforming lot, and Lot 3 will become non-conforming, as Lot 3 will be 10,340 square feet in size. An R-2 zoned lot must be a minimum of 10 ,5 00 square feet in size, and thus Lot 3 will fall 160 square feet below the required minimum. The applicant has submitted a waiver request with respect to the limitation on the Planning Director's authority to approve a replat that results in a non-conforming lot being created. Because Lot 1 will cease to be non- conforming and will become conforming, and because Lot 3 will only fall slightly under the required minimum square footage, and because both lots have existing structures located on them, the extent of the non-co nfo1n1ity i s minimal. In the event thi s waiver 8 November 2, 20 I 5 Pla nnin g Commission Minutes request is granted by the Planning Commission, the Planning Director will continue to process this as a replat under the requirements of Article IV, Section E., 2. Mr. Turner asked if our attorney, Chris Gill, has looked at this reque st and Mr. Smith responded yes, Mr. Gill has approved it. Mrs. Fidler asked if this should go to Board of Adjustments and Mr. Smith responded no, it is a subdivision issue . Tim Kant made a motion to grant a waiver to allow the Planning Director to process this request as a replat. Jay Robinson 2nd the motion. Mayor Kant stated there are numerous lots in this area that are non- conforming and this w ill lessen the non-conformity for these 2 lots. The motion carried unanimously. Election of Officers -Lee Turner stated it is time for the Election of Officers and asked if anyone would be willing to poll the current officers and Commissioners for willingness to serve and Mr. Fogarty agreed. Mayor Kant stated there are several new Commissioners and he suggested a refresher course on the open meeting law would be helpful for everyone . Mr. Smith responded staff can schedule a class for the Planning Commission, Board of Adjustments and the City Council to all attend. Mr. Fogarty said he will have a slate of officers to vote on at the next meeting. 2016 Planning Commission Agenda Schedule -Mr. Smith asked if there were any conflicts with the proposed dates. Mrs. Boyett stated the 20 16 November Planning Commission meeting will need to be moved to Thursday, November 10, 2016 due to City elections and a conflicting City Council meeting. George Roberds made a motion to adjourn and was 2nd by Hollie MacKellar. Having no further business, the meeting was over at 6:50 PM. Lee Turner, Chairman 9