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HomeMy WebLinkAbout10-03-2016 Planning Commission MinutesOctober 3, 2016 Planning Commission Minutes The Planning Commission met Monday, October 3, 2016 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; Bob Clark; Jay Robinson; Hollie MacKellar; Kevin Boone; Jonathan Smith, Planning Director; Emily Boyett, Secretary; and Chris Gill, City Attorney Absent: Tim Kant, Jennifer Fidler and Bernie Fogarty Chairman Turner called the meeting to order at 5:02 PM and announced the meeting is being recorded. The minutes of the September 6, 2016 meeting were considered and Jay Robinson moved to accept the minutes as written and was 2nd by Bob Clark. The motion carried unanimously. Mr. Turner stated Old Business will be heard first due to the number of citizens here for those cases. SD 16.14 Request of Dewberry/Preble-Rish, LLC for Multiple Occupancy Project approval of the Retreat at Fairhope Village, a 240-unit project, John Avent. The property is located at the east end of Fly Creek A venue, behind Publix in The Shoppes at Fairhope Village. Mr. Smith gave the staff report saying the site is approximately 21.45 acres of the 214 acres Fly Creek PUD. The site was initially approved by the City Council on October 23, 2006 and was amended to allow the proposed plan on April 11, 2016. Four apartment buildings consisting of 240 units are proposed. Mr. Smith stated the public hearing was held at the September 6th Commission meeting. He said the application has been extensively reviewed due to the sensitive nature of the site. He explained staff received a letter from the third party engineer stating the drainage was not designed per the PUD ordinance. The applicant self-imposed a condition that the drainage would be a non-point drainage design and that is not how the system is designed. Staff recommendation is to deny the request due to the drainage design not being in compliance with the PUD ordinance. Mr. Turner stated the public hearing was held at the last meeting and the Commission is aware how the public feels regarding this development. He said the Commission is reviewing the technical aspects of the project. Mr. Turner listed multiple accomplishments the City has made regarding planning and he commended Mayor Kant, the City Council, and staff for their hard work. He opened the floor to the Commissioners. Karin Wilson, Mayor Elect, addressed the Commission saying she appreciates Mr. Jinright for his letter regarding the proposed project. She said the time of flexibility for developers is over. She asked why the City paid for the third party review and not ask for his opinion of the project. She stated the Commission should not accept any project that does not have the required 10 LID techniques or meet our regulations. She added the only lawsuits the City will have will be to protect the citizens. Jack Burrell, Council President, had questions regarding the approval process and he asked why this project came back to the Planning Commission. Mr. Smith and Mr. Gill explained the City Council has the final authority for zoning but the Commission is the approval body for subdivisions. Mr. Gill stated the Multiple Occupancy Project 1 October 3, 2016 Planning Commission Minutes guidelines are part of the Subdivision Regulations and Fairhope added these regulations in order to have an additional review of multi-family projects. He noted most cities only require these developments to pull bui lding permits. Mr. Gill stated the Commission can approve, deny, or table. He added everything has been done procedurally correct. Mr. Clark asked what happens if the Commission does nothing tonight and Mr. Gill responded the project will be approved. Mrs. Wilson said the project clearl y has violated the ordinance and legally the Commission has to vote it down. Hollie MacKellar made a motion to accept the staff recommendation to deny the request due to the drainage design not be ing in compliance with the PUD ordinance. Jay Robinson 2nd the motion and the motion carried with the following vote: A YE -Bob Clark, Lee Turner, Jay Robinson, and Hollie MacKellar. NAY -George Roberds and Kevin Boone. Stewart Speed of Leaf River said he was disappointed he was not allowed to speak prior to the vote. He said the drainage design is a hybrid system and the third party engineer said it works. SD 16.16 Request of HMR, LLC for Multiple Occupancy Project approval of Old Battles Place, a 110-unit project, Scott Hutchinson. The property is located on the northeast comer of the intersection of Section Street and County Road 34 (a.k.a. Old Battles Road). Mr. Smith gave the staff report saying the property was annexed into the City of Fairhope in 2006 and zoned R-5 High Density Multi-Family Residential District. Per the Zoning Ordinance the R-2 zoning district allows 10 units per acre (UPA); however, in 2006, the applicant that petitioned for annexation and R-5 zoning voluntarily restricted density for the site to 5 UP A. The applicant is proposing 110 apartment units with a clubhouse and poo l on approximately 40.89 acres as the first of two phases. Mr. Smith stated the public hearing was held at the September 6th Commission meeting and a ll comments and concerns have been addressed. He added the appl icant is requesting a waiver to the requirement of using 10 LID techniques. Staff recommendation is to approve the Old Battl es Place Multiple Occupancy application. Mrs. MacKellar asked why we are not requiring the fu ll 10 LID techniques be used and Mr. Smith and Mr. Turner explained Fairhope is the first to require LID and most sites cannot accommodate the use of 10. Mr. Smith stated the drainage for the site is adequate but the regulations need to reevaluated. Mrs. MacKellar said we need to stick to the regulations we have. Mrs. Wilson said we don't need to change our regulations except to make stricter. She said the application is incomplete and it is our responsibil ity to the citizens to deny this project. Mr. Clark asked if the previous conditions have been addressed and Mr. Smith responded yes, and the applicant is requesting a waiver to the requirement of 10 LID techniques. Mrs. Wilson said there is no traffic study and an independent study needs to be done for the drainage so the application is incomplete. Mr. Hutchinson addressed the Commission saying the site does not allow for 10 of the techniques listed in the regulations to be used due to the soil conditions. He stated they have followed the rules and requested a waiver. Mr. Hutchinson stated a traffic study was done and focused on turn lanes. He explained the County asked to look at making the intersection of Old Battles Road and Section Street a 4-way stop, but no road improvements were warranted. He stated the County does not want sidewalks on their right-of-way and sidewalks are inside the development. Mrs. Wilson asked for clarification on the LID techniques and which are being used and which are not and why. 2 October 3, 2016 Planning Commission Min utes Tim Lawley of HMR, LLC addressed the Commission. He listed each of the LID techniques and whether it was being used or why not. Kevin Boone made a motion to accept the staff recommendation to approve the Old Battles Place Multiple Occupancy appl ication and grant a waiver to the required 10 LID practices due to the soil conditions. Bob Clark 2nd the motion and the motion carried with the following vote: A YE-Bob Clark, Lee Turner, George Roberds , and Kevin Boone. NAY -Hollie MacKellar and Jay Robinson. The Commission took a 5 minute recess. SD 16.20 Request of HMR, LLC for Final Plat approval of Azalea at the Colony, a 6-lot subdivision, Tim Lawley. The property is located on the northwest corner of the intersection of S. Section Street and Old Battles Road . Mr. Smith gave the staff report saying the property is zoned TR District and is approximately 1.97 acres. Staff recommendation is to approve contingent upon the following conditions: 1. The applicant shall complete all punch list items. 2. The applicant shall executed 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. 3. All conditions of approval shall be satisfied in a timely manner. At the time of final plat, the applicant shall have all items completed so the plat may be recorded within a 60 day time frame , per the City of Fairhope Subdivision Regulations. Mr. Lawley was present to answer any questions. Mr. Turner opened the public hearing. Having no one present to speak, he closed the public hearing. Bob Clark made a motion to accept the staff recommendation to approve contingent upon the following conditions: 1. The applicant shall complete all punch list items. 2. The applicant shall executed 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. 3. All conditions of approval shall be satisfied in a timely manner. At the time of final plat, the applicant shall have all items completed so the plat may be recorded within a 60 day time frame, per the City of Fairhope Subdivision Regulations. Kevin Boone 2nd the motion and the motion carried unanimously. SD 16.22 Public hearing to consider the request of Trae Corte for Village Site Plan Review and approval of The Verandas, a 208-lot village subdivision. The property is located on the southwest corner of the intersection of St. Hwy 104 and Lawrence Road. Mr. Smith gave the staff report saying the property is approximately 263 acres of unzoned Baldwin County land and 208 lots are proposed. There are 6 commercial lots and 202 residential lots proposed. Staff recommendation is to approve the Village Subdivision Site Plan contingent upon the following conditions: 1. A traffic study and drainage plans in accordance with the City's Subdivision Regulations shall be submitted with a Preliminary Plat application. Any items that are not specifically addressed in the project narrative and on the subject plans shall be in compliance with all applicable City regulations . 2. Sidewalks along St. Hwy. 104 and Lawrence Road should be installed. The applicant shall work w ith the County and ALDOT regarding this condition. 3 October 3, 2016 Planning Commission Minutes 3. Any commercial lots abutting residential lots shall comply with the incompatible land use buffer in the City's Tree Ordinance. Mr. Corte addressed the Commission saying the property is approximately 217 acres without the wetlands and he is proposing a 6 year development plan. He stated a 30' wetland buffer has been provided but the previous farmer was using the property as pasture and cleared up to the wetlands. He asked if the buffer could be maintained with grass so it would not grow unchecked. He noted the commercial uses will be professional and building height will be limited to 3 5'. Mr. Corte stated the vehicular connection across the wetland will be removed and restricted to pedestrian only. He also noted there is a sidewalk along St. Hwy. 104 shown on the plans. He stated the sidewalk is on the site and not on the right-of-way. Mr. Turner opened the public hearing. Jeff Neal of 21622-B Lawrence Road-He stated concerns with traffic on Lawrence Road and drainage. He asked what improvements will be done to Lawrence Road and if utilities will be available to the existing residents . Bobby Green of 415 Maple Street -He asked if a tree survey has been done. Having no one else present to speak, he closed the public hearing. Mr. Corte stated the site will meet the stormwater requirements but it cannot meet the required 10 LID techniques. He said a traffic study will be done with the preliminary plat but the preliminary study shows St. Hwy. 104 will be widened with deceleration lanes and 4 access points will be on Lawrence Road. He stated the homes will be high-end with custom homebuilders with a range from $350-700,000. He said the site is not in city limits and is not contiguous. Mr. Corte said a tree survey has been done and will be submitted with the preliminary plat. Mr. Smith stated the Tree Ordinance is not enforced outside the city limits but the Subdivision Regulations require trees 24" DBH and over be located. Mr. Corte said he will be saving as many trees as possible. Mrs. MacKellar asked if the pedestrian crossing over the wetlands will be wooden and Mr. Corte responded yes. Mr. Corte asked about the sidewalks on Lawrence Road and Mr. Turner stated the Commission does not have the authority to require them if the County doesn't allow. Mrs. MacKellar made a motion to accept the staff recommendation to approve the Village Subdivision Site Plan contingent upon the following conditions : 1. A traffic study and drainage plans in accordance with the City's Subdivision Regulations shall be submitted with a Preliminary Plat application. Any items that are not specifically addressed in the project narrative and on the subject plans shall be in compliance with all applicable City regulations. 2 . Sidewalks along St. Hwy. 104 and Lawrence Road should be installed. The applicant shall work with the County and ALDOT regarding this condition. 3. Any commercial lots abutting residential lots shall comply with the incompatible land use buffer in the City's Tree Ordinance. 4. Jennifer Fidler, Public Works Director and City Horticulturist shall all approve the landscape plan and traffic study. Mr. Smith stated condition 2 needs to be amended since sidewalks are already shown along St. Hwy. 104. Mrs. MacKellar amended the motion. Jay Robinson 2nd the motion. Mr. Corte asked if the motion needs to reflect the changes r egarding adding an access to St. Hwy. 104 and revising the connection through the wetlands to pedestrian only. 4 October 3, 2016 Planning Commission Minutes Mrs. MacKellar amended her motion to read as follows: to accept the staff recommendation to approve the Village Subdivision Site Plan contingent upon the following conditions: 1. A traffic study and drainage plans in accordance with the City's Subdivision Regulations shall be submitted with a Preliminary Plat application. Any items that are not specifically addressed in the project narrative and on the subject plans shall be in compliance with all applicable City regulations. 2. Sidewalks along Lawrence Road should be installed. The applicant shall work with the County regarding this condition. 3. Any commercial lots abutting residential lots shall comply with the incompatible land use buffer in the City's Tree Ordinance. 4. Jennifer Fidler, Public Works Director and City Horticulturist shall all approve the landscape plan and traffic study. 5. An additional access onto St. Hwy. 104. 6. The connection across the wetlands shall be pedestrian only. Mr. Robinson amended his 2nd and the motion carried unanimously. Chris Gill left the meeting at 6:38 PM. SD 16.23 Public hearing to consider the request of S.E. Civil, LLC for Multiple Occupancy Project Review and approval of a New Mixed Use Development for Britt Properties, LLC, a 4-unit project, Larry Smith. The property is located on the north side of Magnolia Avenue between Bancroft Street and School Street, at 455 Magnolia Avenue. Mr. Jonathan Smith gave the staff report saying the property is located in the City of Fairhope and is zoned B-2 General Business District. The property is approximately 9,281 square feet and 4 units are proposed. Staff recommendation is to approve contingent upon the following conditions: 1. The Operations and Maintenance Plan and Agreement shall be executed and recorded. The Operations and Maintenance Plan shall be signed and sealed by the engineer of record. 2. A flow model approved by the City of Fairhope Water and Sewer Superintendent shall be submitted. 3. The landscape plan has been approved by Jennifer Fidler, City of Fairhope Horticulturist, with two minor comments. The minor comments shall be addressed. 4. The re-plat of the property line shall be submitted prior to issuance of a building permit. 5. The City Council shall approve the Site Plan. Mr. Larry Smith addressed the Commission saying he is aware of and in agreement with the conditions. Mr. Turner opened the public hearing. Cynthia Scardamalia of 454 Equality Avenue -She stated concerns with the drainage, greenspace, and potential construction damage. Having no one else present to speak, Mr. Turner closed the public hearing. Mr. Larry Smith stated the drainage cuITently sheet flows to the north but he is propo sing to take it all to Bancroft Street. He stated the BMP plan has been reviewed and is in compliance and the adjacent property will be used for building construction staging. He 5 October 3, 2016 Planning Commission Minutes added there will be greenspace between the subject property and Ms. Scardamalia's property. Jay Robinson made a motion to accept the staff recommendation to approve contingent upon the following conditions: 1. The Operations and Maintenance Plan and Agreement shall be executed and recorded. The Operations and Maintenance Plan shall be signed and sealed by the engineer of record. 2. A flow model approved by the City of Fairhope Water and Sewer Superintendent shall be submitted. 3. The landscape plan has been approved by Jennifer Fidler, City of Fairhope Horticulturist, with two minor comments. The minor comments shall be addressed. 4. The re-plat of the property line shall be submitted prior to issuance of a building permit. 5. The City Council shall approve the Site Plan. George Roberds 2nd the motion and the motion carried unanimously. SR 16.04 Request of S.E. Civil, LLC for Site Plan Review and approval of a New Mixed Use Development for Britt Properties, LLC, a 4-unit project, Larry Smith. The property is located on the north side of Magnolia A venue between Bancroft Street and School Street, at 455 Magnolia Avenue. Mr. Jonathan Smith gave the staff report saying the property is located in the City of Fairhope and is zoned B-2 General Business District. The property is approximately 9,281 square feet and 4 units are proposed with the first 2 floors being office space and the third floor consisting of 2 residential units. Staff recommendation is to approve contingent upon the following conditions: 1. The landscape plan has been approved by Jennifer Fidler, City of Fairhope Horticulturist, with two minor comments. The minor comments shall be addressed. 2. The applicant shall re-plat the proposed lot line, prior to the issuance of a land disturbance permit. Kevin Boone made a motion to accept the staff recommendation to approve contingent upon the following conditions: 1. The landscape plan has been approved by Jennifer Fidler, City of Fairhope Horticulturist, with two minor comments. The minor comments shall be addressed. 2. The applicant shall re-plat the proposed lot line, prior to the issuance of a land disturbance permit. Jay Robinson 2nd the motion and the motion carried unanimously. UR 16.12 Request of AT&T for an 11.52.11 Utility Review and approval of the proposed installation of approximately 1,726 linear foot of fiber optic cable and innerduct in the City of Fairhope Right-of-Way, Wade Mitchell. The project will run along Nichols A venue and Professional Park Drive to provide service to 124 Professional Park Drive and throughout Stone Creek, Phase 3 . Ms. Milford gave the staff report saying AT&T is upgrading their infrastructure to a new state of the art fiber-to-the-home network. The total installation will consists of 1,726 linear feet of cable with a portion of the work in the City ROW and the remaining work within the utility easements. The 6 October 3, 2016 Planning Commission Minutes method of installation will include trenching, vibratory plows, and directional boring. Staff recommendation is to approve conditional upon the following: 1. The applicant shall follow the general comments related to utility work, as stated in the Staff Report. 2. All mechanical and locator equipment shall be painted munsell green. George Roberds made a motion to accept the staff recommendation to approve conditional upon the following: 1. The applicant shall follow the general comments related to utility work, as stated in the Staff Report. 2. All mechanical and locator equipment shall be painted munsell green. Kevin Boone 2nd the motion and the motion carried unanimously. Jay Robinson left the meeting at 6:51 PM. IR 16.03 Request of David Ellis for an Informal Review to rezone property located at 566 Fairhope Avenue from R-2 to B-2, Bob Mannich. The property is located on the south side of Fairhope Avenue,just west of Mershon Street, at 566 Fairhope Avenue. Ms. Milford gave the staff report saying the property is currently zoned R-2 Mediwn Density Single Family Residential District in the City of Fairhope. There are currently 2 structures on the property, a commercial law office and a residential structure. The subject property has had this dual use for the past 50 years. The applicant is considering applying for a zoning change from R-2 to B-2 General Business District. The surrounding properties are zoned B-2 to the north and west, and R-2 to the south and east. Bob Mannich addressed the Commission saying the property has been used as commercial for a long time and the owners are trying to clean up the zoning. Mr. Turner stated he thought it was already commercial. Mr. Clark asked if they are just keeping what they have. David Ellis responded saying yes, they want the zoning to reflect the use and be conforming. Mrs. MacKellar said she like cleaning up the zoning and it will make a nice transition area from residential to the commercial area. Mr. Mannich asked if a zoning change application was filed would the Commission be in favor of it and Mr. Turner responded yes. Having no further business, Kevin Boone made a motion to adjourn. Hollie MacKellar 2nd the motion and the motion carried unanimously. The meeting was adjourned at 7:16 PM. zit Lee Turner, Chairman 7