Loading...
HomeMy WebLinkAbout12-07-2015 Planning Commission MinutesDecember 7, 2015 Planning Commission Minutes The Planning Commission met Monday, December 7, 2015 at 5:00 PM at the City Municipal Complex, 161 N. Section Street in the Civic Center. Present: Lee Turner, Chairperson ; George Roberds, Vice-Chair; T im Kant; Jennifer Fidler; Bob Clark; Bernie Fogarty; Jay Robinson; Holl ie MacKellar; Councilmember Mike Ford; Jonathan Smith, Planning Director; Nancy Milford, Planner; and Emily Boyett, Secretary; Chris Gill, City Attorney 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 November 2 , 2015 meeting were considered and Bernie Fogarty moved to accept the minutes as written and was 2 nd by George Roberds. The motion carried unanimously. Mr. Turner announced the Item E. ZC 15 .16 will be moved to first on the agenda. ZC 15.16 Public hearing to consider the request of Preble-Rish, LLC for an amendment to the Fly Creek PUD (Planned Unit Development), Steve Pumphrey. Th e property is located on the southeast comer of the intersection of US Highway 98 and Parker Road. Mr. Smith gave the staff report saying the PUD consists of approximately 214 acres and the development was approved by the City County on October 23 , 2006. The portion of the PUD proposed to be modified in the subject application is approximately 39.46 acres. The remaining 175 acres are proposed to remain as per the previously approved PUD. The applicant is proposing 240 apartment units and 90 flat/townhome and live/work units. The apartment buildings are 3 stories and 675 parking spaces are proposed, 172 of which are garage parking spaces. The conceptual architectural elevations appear to be consistent with a "big house" design concept. The proposed modification would result in a 10% reduction of impervious area from the previously approved PUD Master Plan. The density for the 39 acres would essentially stay the same with the overall density for entire site would be less than the initial 835 units, at approximately 806 units. The applicant is proposing a 30' to 50' wetlands/creek bank buffer along Fly Creek and approximately 32% or 13 acres of comb ined active and passive open space, which does not include the wetlands. Staff recommendation is to approve the Fly Creek PUD Amendment contingent upon the follow ing conditions: 1. A formal Site Plan/Multiple Occupancy Project Review shall be conducted. 2. A Tree Preservation/Grading P lan shall be submitted at the time of Site Plan Review. 3. The proper measures shall be taken to protect Fly Creek from run-off and any other environmentally sensitive aspects, which may com from a project of this size and nature. Any outside agency permits s hall be obtained from the appropriate authorities (USACOE, ADEM, ADCNR, etc.). Mr. Roberds asked if the proposal decreased the density, increased greenspace, and increased buffers. Mr. Smith responded yes, the proposal does decrease the overall density for the site, greenspace is increased by 10%, and the buffer is increased from a 30' setback to a 30' to 50' buffer. 1 December 7,2015 Planning Commission Minutes Steve Pumphrey of Preble-Rish, LLC addressed the Commission and gave a PowerPoint presentation. He explained the applicant is here to modify the plan but not the density. He stated they are only requesting to modify the portion behind Publix. He showed the new proposed layout which included townhomes , condos, and apartments. Mr. Pumphrey stated the design will decrease the impervious surface from 44% to 34%. He explained this is only the first step and the applicant could build the existing plan with only a subdivision approval. He said the proposed design is the "Village Concept" with commercial and then high density to low density residential. He noted the proposed design includes a clubhouse, walking trails, and park area. He stated a traffic study was performed with the original plan and the density is not changing. He also said the creek is an important aspect and they will do what is necessary to protect it. Cliff Wilson, President of Preble-Rish, LLC addressed the Commission saying he would be involved with the project regarding environmental concerns. Cameron Morris of Preble-Rish, LLC introduced himself and said he would also be working on the project from an environmental aspect. Mr. Turner opened the public hearing. Lynn Maser of Chestnut Ridge -She stated the original plan was for owner occupied single family residences and the Commission should not change it. She said she does not want Fairhope to be Daphne. She said this design is totally out of the Comprehensive Plan and Fairhope. She said there are better places to put apartments. Roland Neeson of Blue Island-He said the City Council members that approved the original plan never agreed to apartments on this site. He said there is a 15% slope from Fly Creek to Parker Road and the owner can't build anything but apartments on the site. He said the Commission should stay with what is approved and let them build it. John Burke of 119 Old Mill Road -He said good neighbors add to the community and this will not make Fairhope better. He stated there is no assurance what type of development this will be and the surrounding residents will fight this. He said they should keep the existing plan. Leonard Nelson of Cumberland Road -He said no one in Sandy Ford or Rock Creek supports this change. He stated ownership makes a difference and apartments don't pay for themselves. He asked what Fairhope gains from this and he said to remember assurances and what has already been done. Margaret Caden of 129 Sandy Ford Road -She asked the Commission to think about the schoo ls. She said apartments increase traffic and she is opposed to this change. Marilyn Brink of South Drive -She said apartments are a detriment and the traffic needs to be readdressed. Tom Olinger of 3 16 Cumberland Road -He said he does not want a connection from Parker Road to South Drive. He stated let them build the 835 units they have approved but not apartments. He said he did not want Section 8 housing and this is an abomination. He said Fairhope is wonderful and he wants to keep it that way. Henry Mullins of 7935 Parker Road -He stated he has written letters regarding this site and the roads and traffic issues. He said this is the 3rd time he has been before the Commission to speak. He asked what the recommendations are from ALDOT, Baldwin County, and the City regarding improvements to Parker Road and US Hwy. 98 . He stated Parker Road was dirt and when it was paved, no improvements were made and it does not meet the standards for constrnction. H e asked if there are any plans for stop signs at High Ridge Road and Parker Road. He said he is not against the proposed plan but some things need to be addressed first. 2 December 7, 2015 Planni ng Commission Minutes Cynthia Powell of 7483 Parker Road -She stated concerns with traffic and said there is a bus stop on Parker Road that is already dangerous. She said residents on Parker Road won't be able to get out of their driveways. She asked the Commission to look at alternate ways of access. Paul Ripp of 22985 High Ridge Road -He said the citizens were told there would be no apartments when this was originally approved and that Parker Road would be repaved. He stated this will be the end of Fly Creek and traffic will increase . He said an environmental study has not been done or the watershed looked at. He said a bond is needed to cover any damage to the creek. He stated the creek is already damaged from the construction of Publix and the City did nothing to enforce ordinances for cutting trees, ruining the creek, maintaining buffers and screening. He said there has already been a lawsuit and the Mayor s hou ld recuse himself from this case. Lynn Drewing of 165 Willow Lake Drive -Sh e stated she was against the original plan and this on e. Sh e said apartments are not vested in the community and Fairhope needs to slow down the development. Kenneth Massey of 143 Willow Lake Drive -He said he was at the meetings for the ori ginal plan and they were told no apartments would be built. He asked who benefits from this and who gets hurt. He asked the Commission to end this tonight and deny the request. He said they should do what is in the best interest of Fairhope. Bill Crouch of 122 Augusta Court -He said he agrees with most of the comments that have been made tonight. He stated the traffic is his major concern. He said anyone trying to go south from the site will have to use the light at Parker Road and cross lane switching from Fly Creek A venue is dangerous. Pam Hardison of 320 Cumberland Road -She stated that adding additional greenspaee to this plan does not make it better. She said the Firefly development required a connection to Sandy Ford. Paul Renn of 138 Old Mill Road-He said he li ved in development just like this for 2 years and th e traffic should be a major concern. He said a fatality will happen at thes e intersections. He said no apartments should be all owed. Jim Homer of 115 Volanta Avenue -He said apartments are an increase of density for people, traffic, and schools. He said the erosion along Fly Creek has increased significantly within the last 5 years. Having no one else present to speak, Mr. Turner closed the public hearing. Mr. Pumphrey addressed the Commission saying the impacts will still have taken place with the existing design but the proposed plan will lessen the impacts. He said there are 675 parking pads with the new plan and 172 are garage. He said there are 333 multi- fami ly units already approved on the site. He explained the apartments proposed are high-end and something Fairhope currently does not offer. He stated the maintenance is handled by one entity. Mr. Pumphrey said a traffic study was conducted with the first plan but an additional one can be done if required. He stated the plan does not ask to connect to Sandy Ford or Rock Creek and there is even a note on the original plan which says a connection will only be opened if the residents of Sandy Ford and Rock Creek petition the City Council to do so. He also added the density is not changing between the two designs so it will not change the impact to the schools. Mr. Turner asked if the number of parking spaces will be reduced with this plan and Mr. Pumphrey responded yes. Mr. Roberds stated if approved, this will have to come back for Site Plan approval with the details of all of these concerns that have been talked about. Mr. Smith stated thi s request is for land use only. Mr. Robinson asked if there is a timeline for how often a 3 December 7, 2015 Planning Commission Minutes plan is done or how long it is good for and Mr. Smith responded no. Mrs. Fidler asked if there is a grading plan and how they plan to save the trees. Mr. Pumphrey responded they are proposing vertical walls throughout the site to help minimize tree removal and the site will also step down through the buildings. Mrs. Fidler asked what the wall heights will be and Mr. Pumphrey stated 6' to 8'. Mr. Turner asked questions about connections from the apartments to the commercial, the trail along the perimeter, and if the pond has ever overflowed. Mr. Pumphrey responded there will be interconnections between the commercial and the apartments, the trail meanders along the existing pond, and he does not know if the pond has ever overflowed. Mr. Clark stated the connectivity concern between this development and South Drive is a non-issue at this point. Mr. Roberds asked if the site can be built with the existing approved plan and Mr. Pumphrey answered there would be challenges but yes. Mr. Turner asked if ownership can be taken into account for the Commission's decision and Mr. Gill responded yes, because this is a PUD anything can be taken into account but typically multi-family is multi-family regardless of ownership. Mr. Gill explained that state law says condos and apartments are the same but this is a PUD so every aspect can be looked at. Mayor Kant stated the stormwater regulations have been updated since the original project was approved in 2006 and he wants to make sure Fly Creek is protected. Mr. Smith stated the site will have to meet the City's current regulations which include the LID and O&M Inspections. Mayor Kant said the property was previously zoned B-2 and he asked if the property could revert back to B-2. Mr. Smith stated there is not a sunset clause for zo ning and the applicant would have to propose a rezoning for B-2. Mr. Turner asked the engineer if they have ever dealt with bonds to guaranty work during construction and Mr. Wilson responded yes, he has in Florida. Mr. Smith stated this will be phased construction and Mr. Pumphrey added the first phase would be the four apartment buildings, road, and clubhouse. Mr. Turner said there are a number of positives with the proposal such as the increased buffer, impervious surface area, and walking trails; however, there are concerns with traffic, Parker Road, and connectivity. He stated Magnolia Beach was built as apartments but now they are condos. George Roberds made a motion to accept the staff recommendation to approve the Fly Creek PUD Amendment contingent upon the following conditions: 1. A formal Site Plan/Multiple Occupancy Project Review shall be conducted. 2. A Tree Preservation/Grading Plan shall be submitted at the time of Site Plan Review. 3. The proper measures shall be taken to protect Fly Creek from run-off and any other environmentally sensitive aspects, which may com from a project of this size and nature. Any outside agency permits shall be obtained from the approrriate authorities (USACOE, ADEM, ADCNR, etc.). Bob Clark 211 the motion. Mrs. Fidler stated she sees the positives and said apartments are needed and this fits the Comprehensive Plan but it is still hard to change the existing plan. Mr. Turner said the Commission has asked for a village and this is the first one and it is a nice plan. Mr. Clark stated he feels like the staff recommendation covers the concerns that have been mentioned. Mr. Turner asked the bonding would be addressed at this time and Mr. Gill responded no, it would come later. Mr. Ford stated everything Mr. Corte has previously done has been first class and he feels like this would be as well; however, he said he has issues with the density and after being on the Council for 30 years he has worked for the people here , not to bring more people here. He said he is not is support of this project. 4 December 7, 2015 Planning Commission Minutes The motion was denied with the following vote: A YE -Bob Clark, Lee Turner, Jay Robinson, and George Roberds. NAY -Tim Kant, Jennifer Fidler, Bernie Fogarty, Hollie MacKellar, and Mike Ford. SD 15.28 Public hearing to consider the request of Preble-Rish, LLC for Preliminary and Final Plat approval of the Resubdivision of Lot 6 of Phase 2 of Fairhope Village, an 5-lot minor division, Steve Pumphrey. The property is located at the end of Fly Creek Avenue,just east of US Hwy. 98 and south of Parker Road. Mr. Smith gave the staff report saying the property is located in Fairhope and was granted PUD approval by the City Council in 2006. The property contains approximately 38.96 acres and 5 lots are proposed. The applicant has requested a waiver from the required two step process of a Preliminary Plat and then a Final Plat, and to consider a Preliminary/Final approval at the same Planning Commission meeting, treating this as a minor subdivision. The appl icant is also requesting a waiver to the plat recording requirements and that the time frame be extended, not to exceed May 15, 2016. Mr. Smith stated staff would like to change the recommendation to include the PUD amendment shall be approved by the City Council. Staff recommendation is to approve contingent upon the following condit ions: 1. A note shall be placed on the plat stating the required wetland buffer shall be in compl iance with the approved PUD, clarifying the width of the buffer as well as activities allowed within the buffer. 2 . The subject plat shall meet all conditions of a Preliminary Plat approval, unless the waiver for treating the application as a minor subdivision is approved. 3. The plat shall be recorded within the required 60 days from Planning Commission approval, unless the waiver for the plat recording extension to May 15 , 2016 is approved. 4. The notes on the plat shall reflect the PUD Master Plan, (ZC 15.16) pending approval by the City of Fairhope City Council. 5. The buffer shall be as per the PUD Master Plan (ZC 15. I 6). 6. Future streets installed in the subdivision shall be in compl iance with the City of Fairhope Subdivision Regulations. 7. The applicant shall work with Jennifer Fidler regarding landscaping and tree concerns. 8. The PUD amendment (ZC 15.16) shall be approved by the City Council. Mr. Pumphrey was present to answer any questions. Mr. Turner opened the public hearing. Having no one present to speak, Mr. Turner closed the public hearing. George Roberds made motion to accept the staff recommendation to approve contingent upon the following conditions: I. A note shall be placed on the plat stating the required wetland buffer shall be in compliance with the approved PUD, clarifying the width of the buffer as well as activities allowed within the buffer. 2. The subject plat shall meet all conditions of a Preliminary Plat approval, unless the waiver for treating the application as a minor subdivision is approved. 3. The plat shall be recorded within the required 60 days from Planning Commission approval, unless the waiver for the plat recording e xtension to May 15 , 20 16 i s approved. 5 December 7, 2015 Planning Commission Minutes 4. The notes on the plat shall reflect the PUD Master Plan, (ZC 15 .16) pending approval by the City of Fairhope City Council. 5. The buffer shall be as per the PUD Master Plan (ZC 15 .1 6). 6. Future streets installed in the subdivision shall be in compliance with the City of Fairhope Subdivision Regulations. 7. The applicant shall work with Jennifer Fidler regarding landscaping and tree concerns. 8. The PUD amendment (ZC 15.16) shall be approved by the City Council. Bernie Fogarty 2nd the motion and the motion carried unanimously. ZC 15.13 Public hearing to consider the request of St. Lucia Properties, LLC to rezone property from R-2 Medium Density Single Family Residential District to B- 3a Tourist Resort Lodging District, Jeremy Lee. The property is located on the west side of S . Mobile Street at 206 S. Mobile Street. Mr. Smith gave the staff report saying the property is currently z oned R-2 in the City of Fairhope. The applicant is proposing 3 high-end micro-cottages with infinity pools for guest rental. The proposed micro- cottages will be approximately 750 square feet to 900 square feet with an outdoor porch and possible roof terrace. Due to the location of the property, the proposed zoning change does not appear to conflict with the vision and goals of our current comprehensive plan. Staff recommendation is to approve the proposed R-2 to B-3a zoning change. Mr. and Mrs. Lee addressed the Commission saying they are proposing 3 high-end single bedroom rentals on the site. Mr. Lee stated the location is perfect and will fill a tourism need within walking distance. Mr. Turner opened the public hearing. Cindy McBrearty of 6 and 8 Fels A venue -She stated she has no opposition to the zoning change. She noted concerns with parking in the area due to Emma's Bayhouse and Thyme restaurant. She said she welcomes the project but parking needs to be looked at. Having no one else present to speak, Mr. Turner closed the public hearing. Mr. Lee explained each unit will be one bedroom and two parking spaces will be provided for each. He stated the site will provide bicycles and a golf cart to help encourage parking their cars while they visit. Mr. Ford asked how many spaces are required and Mr. Smith responded six total for the site. Mr. Roberds asked why this is not spot zoning when it is in the middle of R-2 zoned properties. Mr. Smith stated the property is contiguous to B-3a zoned property at the northeast corner. Bernie Fogarty made a motion to accept the staff recommendation to approve th e proposed R-2 to B-3a zo ning change. Hollie MacKellar 2 nd the motion and the motion carried with the fo ll owing vote: A YE -Tim Kant, Jennifer Fidler, Bernie Fogarty, Lee Turner, Jay Robinson, Hollie MacKellar, and Mike Ford. NAY -Bob Clark and George Roberds. SD 15.26 Public hearing to consider the request of Moore Surveying, Inc. for Preliminary and Final Plat approval of Griffing Estates, a 4-lot minor division, Seth Moore. The property is located on the north side of Morphy A venue just east of Oberg Road (a.k.a. County Road 13). Mr. Smith gave the staff report saying the property is lo cated in the City of Fairhope and is zoned R-2. The site is approximately 3.23 acres and 4 lots are proposed. Staff recommendation is to approve contingent upon the following conditions: 6 December 7, 2015 Planning Commission Minutes 1. Utility letters shall be provided. 2. Additional language shall be added to the notes on the plat clarifying that the City of Fairhope is not responsible for any maintenance of the private street. 3. A note shall be added to the plat stating drainage will be handled at the time of building permit submittal. 4. The required fire hydrants shall be installed, prior to signature of the final plat. 5. A flow model meeting the approval of the City of Fairhope Water and Sewer Superintendent shall be submitted, prior to signature of the final plat. Mr. Moore addressed the Commission saying the 4 lots will use LID techniques and the applicant is also installing an additional fire h ydrant at the entrance on Morphy A venue. Mr. Turner opened the public hearing. Having no one present to speak, Mr. Turner closed the public hearing. Mr. Turner asked how wide is the access on Morphy A venue and Mr. Moore responded 50'. Mrs. Fidler asked about garbage pick-up and Mr. Moore stated the garbage will be brought out to Morphy A venue to be picked up. Jennifer Fidler made a motion to accept the staff recommendation to approve contingent upon the following conditions: 1. Uti lity letters shall be provided. 2. Additional language shall be added to the notes on the plat clarifying that the City of Fairhope is not responsible for any maintenance of the private street. 3 . A note shall be added to the plat stating drainage will be handled at the time of building permit submittal. 4. The required fire hydrants shall be installed, prior to signature of the final plat. 5. A flow model meeting the approval of the City of Fairhope Water and Sewer Superintendent shall be submitted, prior to signature of the final plat. Hollie MacKellar 2nd the motion and the motion carried unanimously. SD 15.27 Public hearing to consider the request of Barton & Shumer Engineering, LLC for Preliminary and Final Plat approval of Young Oaks, a 2-lot minor division, David Shumer. The property is located between Morphy A venue and Nichols Street, just west of Boothe Road. Mr. Smith gave the staff report saying the property is located in the City of Fairhope and zoned R-3 PHG High Density Single Family Patio/Garden Home Residential District. The site is approximately 4.934 acres and 2 lots are proposed. Staff recommendation is to approve as requested, contingent upon the following conditions: 1. A wetland delineation shall be submitted. 2 . The requirement for a 50' buffer from the top of the bank of Cowpen Creek shall be added to the plat. Mr. Shumer addressed the Commission saying the property is being sp lit along the creek line. He stated the applicant agrees to the staff recommendation and conditions. Mr. Turner opened the public hearing. Having no one present to speak, Mr. Turner closed the public hearing. Mrs. Fidler stated that during heavy rains there is a large amount of water running through the property. She suggested any construction on the south lot be done closer to Nichols A venue. Mrs. MacKellar stated concerns with the wetlands and storm water. She asked how long it takes to get a delineation and Mr. Smith responded the plat is required to be recorded within 60 days and it will have to be done before then. Jennifer Fidler made a motion to accept the staff recommendation to approve as requested, contingent upon the following conditions: 7 December 7,2015 Planning Comm ission Minutes 1. A wetland delineation shall be submitted. 2. The requirement for a 50' buffer from the top of the bank of Cowpen Creek shall be added to the plat. Bernie Fogarty 2 nd the motion and the motion carried unanimously. ZC 15.15 Public hearing to consider the request of Barton & Shumer Engineering, LLC to rezone property form R-3 PGH to PUD (Planned Unit Development), David Shum er. The property is located on the south side of Morphy A venue, just west of Boothe Road, at 8404 Morphy A venue. Mr. Smith gave the staff report saying the property is currently zoned R-3 PGH and is located in the City of Fairhope. The site is approximately 3.01 acres and is improved with a residence, greenhouse/shed, metal carport and legal, non-conforming garage apartment. The applicant is requesting a PUD in order to operate the existing dwelling on the property as a Bed and Breakfast. Mr. Smith said staff would like to add a conditi on that the subdivision plat be recorded prior to zoning approval. Staff recommendation is to approve the proposed R-3 PGH to PUD zoning change, contingent upon the following condition: 1. The Bed and Breakfast shall comply with all applicable Building and F ire Codes along with any other applicabl e City Regulations . 2. The plat for Young Oaks shall be recorded prior to zoning approval. Mr. Shumer addressed the Commission saying the existing house was originally built for a Bed and Breakfast. Mr. Turner opened the public hearing. Having no one present to speak, Mr. Turner closed the public hearing. Mrs. Fidler asked if the PUD is only to allow a Bed and Breakfast and Mr. Smith responded yes. Mayor Kant asked how long the applicant has to make it a B&B and Mr. Smith responded there is no timeline but there is a requirement for the owner to reside on the property. Mr. Shumer stated the plan is to have the operator occupy the garage apartment. Bernie Fogarty made a motion to accept the staff recommendation to approve the proposed R-3 PGH to PUD zoning change, contingent upon the following conditions: • 1. The Bed and Breakfast shall comply with all applicable Building and Fire Codes along with any other applicable City Regulations. 2. The p lat for Young Oaks shall be recorded prior to zo ning approval. Jay Robinson 2nd the motion. Mayor Kant asked if the building could be torn down and rebuilt and Mr. Smith responded yes, but the Commissio n can limit the square footage to not exceed the existing square footage. Bernie Fogarty amended his motion to include the following condition: 3. Any future Bed and Breakfast facilities built, in the event the existing structures are torn down, shall not exceed the gross square footage of what is currently on the property. Jay Robinson amended his 2 nd and the motion carried unanimously. SD 15.30 Public hearing to consider the request of Preble-Rish, LLC for Final Plat approval of Woodlawn, Phase 2, a 36-lot subdivision, Steve Pumphrey. The property is located on the south side of County Road 44 (a.k.a. Twin Beech Road) and at the south end of Bonaventure Street. Mr. Smith gave the staff report saying the prope1ty is located in the City of Fairhope and is zoned R-2. The site is approximately 17.3 acres and 36 lots 8 December 7, 2015 Planning Commission Minutes are proposed. Staff recommendation is to approve, contingent upon the following conditions: 1. The applicant shall revise the street tree plat to reflect a small species tree that meets the approval of Jennifer Fidler. 2. The applicant shall add a note to the plat referencing the buffer uses and requirements in the City of Fairhope Subdivision Regulations. 3. The applicant shall satisfy to the approval of the City of Fairhope Superintendents all punch list items identified at the time of final inspection. 4. The Operations and Maintenance Plan shall be revised to satisfy staff comments listed above. The Operations and Maintenance Plan shall be recorded once the revisions have been approved and at the time of final plat recording. 5. All conditions of approval shall be satisfied in a timely manner. The final plat shall be recorded within 60 days from Planning Commission approval, per the City of Fairhope Subdivision Regulations. Mr. Pumphrey was present to answer any questions. Mr. Turner opened the public hearing . Larry Coleman of 18922 Summer Oaks Place -He requested an easement be placed along the west side of the property to allow for the houses in Summer Oaks to be able to connect to sewer in the future. Having no one else present to speak, Mr. Turner closed the public hearing. Mr. Turner stated the Commission can not require the developer to allow an easement but as an adjacent property owner Mr. Coleman can ask. Mr. Smith added this phase is already built and Mr. Pumphrey said Mr. Coleman's property is not adjacent to this phase but Phase 3. Mr. Pumphrey suggested speaking with his office or the developer to request the easement in Phase 3. Jennifer Fidler made a motion to accept the staff recommendation to approve, contingent upon the following conditions: 1. The applicant shall revise the street tree plat to reflect a small species tree that meets the approval of Jennifer Fidler. 2. The applicant shall add a note to the plat referencing the buffer uses and requirements in the City of Fairhope Subdivision Regulations. 3. The applicant shall satisfy to the approval of the City of Fairhope Superintendents all punch list items identified at the time of final inspection. 4. The Operations and Maintenance Plan shall be revised to satisfy staff comments listed above. The Operations and Maintenance Plan shall be recorded once the revisions have been approved and at the time of final plat recording. 5. All conditions of approval shall be satisfied in a timely manner. The final plat shall be recorded within 60 days from Planning Commission approval, per the City of Fairhope Subdivision Regulations. Bob Clark 2nd the motion and the motion carried unanimously. SR 15.03 Request of HMR, LLC for Site Plan approval of a New Bank and Retail Site, Scott Hutchinson. The project will be located on the west side ofN. Greeno Road in the Ecor Rouge Shopping Center. Mr. Smith gave the staff report saying the property is zoned B-2 and the proposed site is approximately 0.812 acres. The new building has a total gross floor area of 4,875 square feet and a building height of 20', with approximately 22% of the sit e will be greenspace. Staff recommendation is to approve as currently designed and submitted. Mr. Hutchinson was present to answer any questions. 9 December 7, 20 15 Planning Commission Minutes Mr. Turner opened the floor for comments. No one was present to speak. Mr. Turner thanked the applicant for working with staff to move the parking off of Greeno Road. Mrs. Fidler stated she has looked at the landscape plan once but she would like to re-review it since changes have been made. Mr. Smith explained the site does not trigger the City Landscape Ordinance because it is not over 30% of the overall site. Mrs. Fidler said the trees along Greeno Road need to be taller than what was originally proposed. George Roberds made a motion to accept the staff recommendation to approve with the following condition: 1. The landscape plan shall be approved by Jennifer Fidler. Bernie Fogarty 2nd the motion and the motion carried unanimously. SR 15.04 Request of HMR, LLC for Site Plan approval of Knoll Park Flats, Robert Cummings. The project will be located on the southwest corner of the intersection of Fairhope Avenue and Bayview Street, at 72 Fairhope Avenue. Mr. Smith gave the staff report saying the property is zoned B-3b Tourist Resort Commercial Service District and the proposed development is mixed-use. The applicant is proposing an 18-unit condominium development with a single office on the ground floor fronting Bayview Street. Two, 3-story buildings are proposed with each having a building footprint of 13,232 square feet. The applicant is proposing the City allow a 2' balcony overhang into the right-of-way and to use the City's right-of-way for their required landscape buffer and greenspace percentage. The City's Tree Ordinance requires a .1 O' landscape buffer along Bayview. Staff recommendation is to approve the Knoll Park Flats Site Plan, contingent upon the following conditions: 1. No portion of the buildings or site components shall overhang or encroach onto adjacent properties or right-of-ways . 2. The requirements of the City's Tree Ordinance shall be provided and installed on the subject property and not in the City's right-of-way. Mr. Cummings addressed the Commission saying the landscaping buffer wi thin the right- of-way is not out of character for Fairhope . He said they are asking for what is allowed in the Central Business District (CBD) and this would continue a fluid flow from the CBD. Skip Jones addressed the Commission saying the site has a zero setback and the barrier requirement is to screen parking and mechanical equipment. He said the gully on the west side makes the site seem more connected to the CBD. He explained they are willing to pay for additional landscaping and to stabilize the gull y . Mr. Smith stated the City Council will make the final decision for what can be done in the right-of-way. Mr. Roberds asked if the applicant will match the existing landscaping on Fairhope Avenue to Bayview Street. Mr. Turner asked if the Commission can allow the improvements to be done on the City right-of-way and Mr. Gill responded no, the Council wi ll have to make the decision but the Commission can make it a stipulation. Mrs. F idler stated she has never allowed this before. Mayor Kant said the City should consider the applicant's request due to the enhancements they are willing to do. Tim Kant made a motion to approve Knoll Park Flats as submitted w ith the following condition: 1. The City Council shall approve any encroachments into the City's right-of-way. December 7, 2015 Planning Commission Minutes Bernie Fogarty 2 nd the motion and 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. UR 15.15 Request of Mediacom for an 11.52.11 Utility Review and approval of the proposed installation of approximately 7,715 linear feet of CATV cable. The project will run along Bunker Loop in Quail Creek, Phase 5. Mr. Smith gave the staff report saying all work shall be directionally bored; no trenching is allowed; however, the applicant would like to use a vibratory plow on the un-built lots. 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 applicant has requested to trench since the subdivision is not built out. Mr. Turner asked if it is possible to trench 7' deep and Mrs. Fidler responded they are going to be on the back of the right-of-way and staying away from any drainage infrastructures. 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. George Roberds 2nd the motion and the motion carried unanimously. John Johnson of 19830 Bunker Loop -He thanked the Commission and said he is excited to have internet coming to his subdivision. UR 15.16 Request of AT&T for an 11.52.11 Utility Review and approval of the proposed installation of approximately 700 linear feet of underground fiber optic cable, Jeff Hadley. The project will run along Poviner Place in Pointe Place, Phase I. Mr. Smith gave the staff report saying the project consists of placing 700 linear feet of fiber optic cable underground. He stated all work shall be directionally 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. Jennifer Fidler 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 2nd the motion and the motion carried unanimously. IR 15.08 Request for an Informal Review to rezone property from R-1 Low Density Single Family Residential District to B-1 Local Shopping District, Cindy Nicholson. The property is located on the east side ofN. Greeno Road, just south of Dyer Road, at 546 N. Greeno Road. Mr. Smith gave the staff report saying the property i s zoned R-1 and located in the City of Fairhope. The applicant is proposing a family based restaurant in the existing residence similar to the Sugar Kettle Cafe in Daphne. The applicant's business model is to establish restaurants in local historic homesteads and to actively participate in local community and school functions. The applicant desires to restore the 1940's McMurry homestead to become the next "little house with big southern taste". The applicant contends that the restoration of the McMurry homestead will preserve the integrity and character of the existing residence, serving as a local landmark, while bringing the same benefit to Fairhope as the Sugar Kettle has brought to Daphne . The applicant believes that this proposed location and use i s ideal du to 1) the presence of a historic farm house, 2) its location next to two local apartment complexes, senior center, and day care faci lity within walking distance, and 3) to the low impact nature of their business. The restaurant would provide breakfast and lunch food service until 2 PM on Sunday through Friday. The applicant intends to enhance Fairhope's brand image by 11 December 7, 2015 Planning Commission Minutes crating a small and friendly, warm and inviting, local establishment to the surrounding residents and to the community at large. Staff recommendation is to provide insight and comments regarding the proposed rezoning. Mr. Smith noted if the site is rezoned there is not a guarantee it will be the Sugar Kettle Cafe and it could create a domino effect for surrounding properties to be rezoned. Ms. Nicholson was present to answer any questions. Michelle Young addressed the Commission saying she is the owner of the Sugar Kettle Cafe and they currently have to successful locations. She stated this is an old farmhouse is bad condition and they want to bring new life to it. Mr. Turner said he loves the idea and if it was 3 acres then he would say yes as a PUD. Mrs. Fidler asked what is to the south and Ms. Nicholson answered Mr. Bishop, who still lives there. Ms. Young stated they have spoken with all of the surrounding neighbors and they are in favor of this request. Mr. Gill said the issue is the property is completely surrounded by residential and no commercial around. Mr. Turner asked if this could be heard by the Board of Adjustments and Mr. Smith responded no, there is no hardship. Mr. Clark stated he enjoys the restaurant but he has to agree with staff that it would not be possible to rezone because there is no similar zoning around. Ms. Young asked what the City would like to see in this location and Mr. Clark responded a single family residence because that is what it is zoned. Mrs. MacKellar stated a residence is ideal but not realistic. Mr. Smith stated the applicant could self-impose restrictions for a specific use and have a clause that the zoning would revert back to residential if the use ceases. Mayor Kant said something like that has never been done in Fairhope and Mr. Gill stated he has seen it done. Mayor Kant said the Commission has been telling surrounding property owners to come back with 3 acres and a PUD request. Jack Burrell addressed the Commission saying the property's hardship is that it is zoned R-1 on Greeno Road. Mr. Roberds said the Commission told Fred Hayek to do a PUD and he did. Mr. Smith noted the site would also have to be ADA compliant and meet the building code. Mr. Turner said he would be comfortable sending to the City Council for B-1 with self-imposed restrictions. Old/ New Business Sedgefield, Phase 4 Extension -Mr. Smith stated the applicant is ready to begin construction and is requesting a one year extension of the preliminary plat approval. Tim Kant made a motion to approve a one year extension. Bob Clark 2nd the motion and the motion carried unanimously. Election of Officers -Bernie Fogarty nominated Lee Turner as Chairman, George Roberds as Vice-Chair, and Emily Boyett as Secretary. Jay Robinson 2nd the nominations and the slate of officers carried unanimously. Lee Turner made a motion to adjourn and was 2 nd by George Roberds. Having no further business, the meeting was over at 8:45 PM. < Lee Turner, Chairman 12