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HomeMy WebLinkAbout11-10-2016 Planning Commission MinutesNovember 10, 2016 Planning Commission Minutes The Planning Commission met Monday, November 10, 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; Ralph Thayer; Jennifer Fidler; Bob Clark; Bernie Fogarty; David Martin; Hollie MacKellar; Jimmy Conyers; Jonathan Smith, Planning Director; Emily Boyett, Secretary; and Tut Wynne, City Attorney Absent: None Chairman Turner called the meeting to order at 5 :02 PM and announced the meeting is being recorded. Mr. Turner welcomed Dr. Thayer, Mr. Martin, and Councilman Conyers to the Planning Commission. The minutes of the October 3, 2016 meeting were considered and George Roberds moved to accept the minutes as written and was 2nd by Bob Clark. The motion carried with the following abstentions: Ralph Thayer, Jennifer Fidler, Bernie Fogarty, David Martin, and Jimmy Conyers. ZC 16.09 Public hearing to consider the request of Dewberry/Preble-Rish, LLC to rezone property from RA Residential/Agriculture District to R-2 Medium Density Single Family Residential District, Steve Pumphrey. The property is located on the east side of County Road 13,just south of Pecan Park, at 19940 County Road 13. Mr. Smith gave the staff report saying the property is approximately 12.51 acres and if rezoned the property owner plans on adding a future phase to the Fox Hollow subdivision. Staff recommendation is to approve the proposed zoning change from RA to R-2. Mr. Pumphrey addressed the Commission saying the site would provide an access to County Road 13 for the Fox Hollow subdivision if it is rezoned. Mr. Turner opened the public hearing. Having no one present to speak, Mr. Turner closed the public hearing. Jennifer Fidler made a motion to accept the staff recommendation to approve the proposed zoning change from RA to R-2. Bernie Fogarty 2nd the motion and the motion carried unanimously. David Martin recused himself and left the room. SD 16.21 Request of St. Lucia Properties, LLC for Multiple Occupancy Project approval of St. Lucia Cottages, a 3-unit project, Jeremy Lee. The property is located on the west side of S. Mobile Street, just south of Fels Avenue, at 206 S. Mobile Street. Mr. Smith gave the staff report saying the property is located in the City of Fairhope and is zoned B-3a Tourist Resort Lodging District. The site is approximately .27 acres and 3 units are proposed. Due to the small size of the site the applicant is requesting a waiver to the LID requirements. Staff recommendation is to approve contingent upon the following conditions: 1. The Operations and Maintenance Plan and Agreement shall be revised and resubmitted, and recorded within 60 days, if approved. 1 November IO, 20 I 6 Planning Commission Minutes 2. The applicant shall work with Jennifer Fidler, City of Fairhope Horticulturist, on all landscaping requirements. Mrs. Fidler's approval shall be required prior to the issuance of a land disturbance permit. 3. The applicant shall provide finished floor elevations on the plat. 4. The applicant shall work with Dan McCrory, City of Fairhope Water and Sewer Superintendent, on water and sewer related issues in this location. 5. The applicant shall sign, seal, and provide the certification statement on the plans. Mrs. Fidler said she reviewed the landscape plan earlier today and has several comments. Mr. Smith stated the proposed plan fits in well with the City's Comprehensive Plan and the Zoning Ordinance and the plan will have less impervious area than an R-2 single family residence. Mr. Turner opened the public hearing. Having no one present to speak, Mr. Turner closed the public hearing. Tom Granger of Sawgrass Consulting, LLC addressed the Commission saying the site was designed with 2 different drainage plans, a traditional plan with a detention pond and a non-traditional plan with rain gardens. He explained the applicant would prefer to build the rain gardens and protect the bluff. Mr. Turner asked what type soils are on the site and Mr. Granger answered sand/clay. Mr. Turner stated protecting the bluff and not flooding the neighbors are the most important concerns. He asked if the landscape issues can be addressed and Mr. Granger responded they are workable, but it is only a¼ acre lot they are working on. Mrs. Fidler stated she loves the idea and concept of the project but the Tree Ordinance and landscape requirements have to be met. Mr. Lee addressed the Commission saying he wants to do what is required and needed. Hollie MacKellar made a motion to grant a waiver to the LID requirements and to accept the staff recommendation to approve contingent upon the following conditions: 1. The Operations and Maintenance Plan and Agreement shall be revised and resubmitted, and recorded within 60 days, if approved. 2. The applicant shall work with Jennifer Fidler, City of Fairhope Horticulturist, on all landscaping requirements. Mrs. Fidler's approval shall be required prior to the issuance of a land disturbance permit. 3. The applicant shall provide finished floor elevations on the plat. 4. The applicant shall work with Dan McCrory, City of Fairhope Water and Sewer Superintendent, on water and sewer related issues in this location. 5. The applicant shall sign, seal, and provide the certification statement on the plans. 6. The applicant shall use the non-traditional design for the stormwater. Jennifer Fidler 2nd the motion and the motion carried unanimously. David Martin returned to the dias. SD 16.24 Public hearing to consider the request of Sawgrass Consulting, LLC for Preliminary Plat approval of Pinewood Subdivision, a 7-Iot division, Steve Delahunty. The property is located on the south side of Manley Road,just west of Open Field Drive. Mr. Smith gave the staff report saying the property is unzoned and located in Baldwin County District 17. The total site area is approximately 9.7 acres and 7 lots are proposed. The applicant is requesting a waiver to the LID requirements. Staff recommendation is to approve contingent upon the following conditions: 1. Sidewalks shall be placed along Manley Road. 2 November 10, 2016 Planning Commission Minutes 2. The applicant is dedicating 10' of right-of-way to the City of Fairhope. This conveyance shall be completed upon submittal of a final plat. Any required City Council approval shall be obtained. 3. The applicant shall revise the drainage, LID, and the O&M Plan to reflect the removal of the sand filter. Also, staff needs confirmation from Dewberry/Preble- Rish, LLC that the soccer field drainage can accommodate the additional storm water. 4. The applicant shall provide an ADEM Notice oflntent. Mr. Delahunty was present to answer questions. Mr. Turner opened the public hearing. Henry Hilsgen of 803 Aiden Street -He asked which way the houses will face on Lots 1- 6. Mitzi Rollins of 118 Open Field Drive -She asked what is proposed for Lot 7 and had concerns with it only having access through Silage Drive. Brook Rollins of 118 Open Field Drive -He asked if the covenants and restrictions will be the same as Saddlewood Subdivision. Having no one else present to speak, Mr. Turner closed the public hearing. Mr. Smith stated the houses on Lots 1-6 will face Manley Road and the City does not enforce or regulated restrictive covenants. He stated the property is unzoned and the City cannot regulate the use of Lot 7. Mr. Clark and Dr. Thayer noted concerns with the potential use of Lot 7 and the drainage to the soccer complex. Mr. Delahunty responded they worked with the engineer at Dewberry/Preble-Rish, LLC and with Jennifer Fidler regarding the drainage and discharge to the soccer fields. Mrs. MacKellar asked who will maintain Lot 7 and Ercil Godwin of Sawgrass Consulting, LLC responded there is a note on the plat stating the owner is responsible for maintenance. George Roberds made a motion to grant a waiver to the LID requirements and to accept the staff recommendation to approve contingent upon the following conditions: 1. Sidewalks shall be placed along Manley Road. 2. The applicant is dedicating 10' of right-of-way to the City of Fairhope. This conveyance shall be completed upon submittal of a final plat. Any required City Council approval shall be obtained. 3. The applicant shall revise the drainage, LID, and the O&M Plan to reflect the removal of the sand filter. Also, staff needs confirmation from Dewberry/Preble- Rish, LLC that the soccer field drainage can accommodate the additional storm water. 4. The applicant shall provide an ADEM Notice oflntent. Ralph Thayer 2nd the motion and the motion carried unanimously. Jimmy Conyers stated he has a conflict with agenda items D, E, and F. He recused himself and left the room. SD 16.25 Public hearing to consider the request of Dewberry/Preble-Rish, LLC for Preliminary Plat approval of Old Battles Village, Phase 3, a 43-lot subdivision, John Avent. The property is located on the west of Huntington Woods and north of Old Battles Village, Phase 1 and 2. Mr. Smith gave the staff report saying the property is zoned PUD in the City of Fairhope and is approximately 26.64 acres. Staff recommendation is to deny the subdivision at this time due to a lack of sewer capacity for the subdivision, per the City's Water and Sewer Superintendent. The applicant has 3 November I 0, 2016 Planning Commission Minutes requested the application be tabled until the December Planning Commission meeting to address issues with the sewer. Mr. Avent addressed the Commission saying they are requesting the application be tabled to work out issues with the sewer. He said there were no indications of sewer capacity issues when the PUD was approved and they were brought up after the City's review and he is requesting 30 days to handle the situation. Mr. Turner opened the public hearing. Howard Green of 511 Charing Cross Street -He stated Huntington Woods drains into this property wants to make sure the water is being accounted for in the drainage plans. He also said he does not want the construction traffic coming through Huntington Woods. Earl Eldridge of 7878-A Pale Moon Court -He said Huntington Woods drains into his property and this development will make it worse. He recommended a holding tank for the stormwater to make sure the drainage is adequate. He also had concerns with mosquitoes and erosion. Amanda Kushman of7878-B Pale Moon Court-She stated safety concerns due to the amount of water that comes off of the proposed site. Dan McCrory, Water and Sewer Superintendent-He asked the Commission to grant the applicant's request to table the application for 30 days. He said the issue is with the existing sewer lift station. Debbie Ellis of 7180 Brodbeck Lane -She stated concerns with the amount of water coming from the subject site onto her property. She also said ifthere are issues with the sewer already then what about the rest of the lots that are not built but approved with the PUD. Having no one else present to speak, Mr. Turner closed the public hearing. Jason Estes, Dewberry/Preble-Rish, LLC, addressed the public comments saying the water from Huntington Woods flows into a draw between the two properties and there is nothing he can do about it because it is not on their site. He said the stub-out is existing between Huntington Woods and this development but the construction traffic will be routed through Old Battles Village, as previously agreed. He stated the drainage will take care of the water on the subject property and aerators will be installed in the ponds to combat mosquitoes. Bernie Fogarty made a motion to accept the applicant's request to table the request until the December meeting to address issues with the sewer. Mrs. Fidler noted she needs to review the landscape plan. Bob Clark 2nd the motion and the motion carried unanimously. SD 16.26 Public hearing to consider the request of Dewberry/Preble-Rish, LLC for Preliminary Plat approval of Phase 3 of Greenbriar at Firethorne, a 30-lot subdivision, John Avent. The property is located west of Quail Creek Villas and north of Stone Creek Villas. Mr. Smith gave the staff report saying the property is zoned PUD in the City of Fairhope and is approximately 16.27 acres. Staff recommendation is to deny the subdivision at this time due to a lack of sewer capacity for the subdivision, per the City's Water and Sewer Superintendent. The applicant has requested the application be tabled until the December Planning Commission meeting to address issues with the sewer. Mr. A vent addressed the Commission saying they request to table application for 2 months to address issues with the Thompson Hall sewer lift station. Bernie Fogarty made a motion to accept the applicant's request to table the request for 2 months until the January meeting to address issues with the sewer. Mrs. Fidler noted she needs to review the landscape plan. Jennifer Fidler 2nd the motion and the motion carried 4 November I 0, 2016 Planning Commission Minutes with the following vote: A YE -Ralph Thayer, Jennifer Fidler, Bob Clark, Bernie Fogarty, Lee Turner, Hollie MacKellar, and David Martin. NAY -George Roberds. SD 16.27 Public hearing to consider the request of Dewberry/Preble-Rish, LLC for Preliminary Plat approval of Fairhope Falls, Phase 2 and 3, a 67-lot subdivision, John Avent. The property is located on the south side of St. Hwy. 104 and west of Yosemite Blvd. Mr. Smith gave the staff report saying the property is approximately 43.24 acres outside the City of Fairhope and is not zoned. Staff recommendation is to deny the subdivision due to the failed flow model. The applicant has requested the application be tabled until the December Planning Commission meeting to address issues with the flow model. Mr. A vent addressed the Commission saying they request to table application for 2 months to resubmit the flow model. He explained the original flow model was submitted with the application and did not know it was insufficient. Dr. Thayer asked why we are accepting incomplete applications. Mr. A vent stated the submittal was complete and he just received the staff report with the final comments 4 days ago. Mr. Smith stated the flow model issue was noted on the initial review. Ralph Thayer made a motion to accept the staff recommendation to deny the subdivision due to the failed flow model. Bob Clark 2nd the motion. Mr. Smith stated most of the conditions can be met easily and some already have been met. Ralph Thayer withdrew his motion and Bob Clark withdrew his 2nd . Mr. Turner opened the public hearing. Having no one present to speak, he closed the public hearing. Mr. A vent explained the original water model was submitted for the existing subdivision and they were not aware it would have to be redone. He stated the other comments can be addressed quickly. Andy Bobe, Dewberry/Preble-Rish, LLC, stated the fire flow was performed today and now the water model can be completed. Nancy Milford, Planner, stated most of the conditions have already been addressed and most of them are very minor. Mr. McCrory stated the application can tabled for 2 months and the new information submitted. Ralph Thayer made a motion to accept the staff recommendation to deny the subdivision due to the failed flow model. The motion failed due to the lack of a 2nd . Mr. Roberds stated the applicant should pull the application and address all of the outstanding items. Jennifer Fidler made a motion to accept the applicant request to table the application for 2 months to address fire flow issues. Bob Clark 2nd the motion and the motion carried with the following vote: A YE -Ralph Thayer, Jennifer Fidler, Bob Clark, Bernie Fogarty, Lee Turner, and Hollie MacKellar. NAY -George Roberds. Mr. Smith stated several applications have been kicked back this month due to incomplete submittals. Jimmy Conyers returned to the dais. SD 16.28 Public hearing to consider the request of KDG, LLC for Preliminary and Final Plat approval of KDG Property Subdivision, a 2-lot minor division, Mike Baugh. The property is located on the south side of US Hwy. 98,just east of Mary Ann Beech Road. Mr. Smith gave the staff report saying the property is approximately 4.04 5 November 10, 2016 Planning Commission Minutes acres located in Baldwin County and is unzoned. Staff recommendation is to approve contingent upon the following condition: 1. The applicant shall provide a Baldwin County Health Department certificate on the plat. Mr. Baugh was present to answer questions. Mr. Turner opened the public hearing. Having no one present to speak, Mr. Turner closed the public hearing. Jimmy Conyers made a motion to accept the staff recommendation to approve contingent upon the following condition: 1. The applicant shall provide a Baldwin County Health Department certificate on the plat. David Martin 2nd the motion and the motion carried unanimously. SD 16.31 Public hearing to consider the request of HMR, LLC for Final Plat approval of Battles Trace, Phase 3, a 43-lot subdivision, Tim Lawley. The property is located on the north side of Battles Road, north of the Colony at the Grand. Mr. Smith gave the staff report saying the property is approximately 18.42 acres located in the City of Fairhope and is zoned TR Tourist Resort District. Staff recommendation is to approve contingent upon the following conditions: 1. The site data table shall be revised to reflect the changes in the rear setbacks due to the berm, drainage, and utility easements. The site data table shall clearly show the setbacks. 2. All final punch list items shall be completed. 3. The applicant shall update the existing Operations and Maintenance Plan for the subdivision with the information from this phase and be re-recorded. 4. The applicant shall either install the gravel path or provide a financial guaranty for the pedestrian path. 5. GIS As-Builts shall meet the approval of the Water and Sewer Superintendent. Mr. Lawley was present to answer questions. Mr. Turner opened the public hearing. Having no one present to speak, Mr. Turner closed the public hearing. Jimmy Conyers made a motion to accept the staff recommendation to approve contingent upon the following conditions: 1. The site data table shall be revised to reflect the changes in the rear setbacks due to the berm, drainage, and utility easements. The site data table shall clearly show the setbacks. 2. All final punch list items shall be completed. 3. The applicant shall update the existing Operations and Maintenance Plan for the subdivision with the information from this phase and be re-recorded. 4. The applicant shall either install the gravel path or provide a financial guaranty for the pedestrian path. 5. GIS As-Builts shall meet the approval of the Water and Sewer Superintendent. Jennifer Fidler 2nd the motion and the motion carried unanimously. UR 16.13 Request of Southern Light for an 11.52.11 Utility Review and approval of the proposed underground installation of approximately 763 linear feet of fiber optic cable, Avian Thompson. The project will run along the west side of S. Mobile Street form Laurel A venue to Sagginoaks Court, to service 722 S. Mobile Street. Mr. 6 November 10, 2016 Planning Commission Minutes Smith gave the staff report saying the project consists of placing approximately 763 linear feet of fiber optic cable underground and installing 2 handholes. The method of installation shall be directional bore; no trenching is allowed. 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. 3. The plans shall be revised to show the correct placement prior to the issuance of a permit. Ms. Thompson was present and stated she aware of the conditions and the plans are being revised. John Hixon stated the installation will be as close to the back of the right-of-way as possible without conflicting with existing utilities and landscaping. 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. 3. The plans shall be revised to show the correct placement prior to the issuance of a permit. Bernie Fogarty 2nd the motion and the motion carried unanimously. UR 16.14 Request of AT&T for an 11.52.11 Utility Review and approval of the proposed installation of approximately 6,450 linear foot of fiber optic cable, Wade Mitchell. The project will run along South Drive, Sandy Ford Road, and throughout Firefly Subdivision. Mr. Smith gave the staff report saying the total installation will consist of 6,450 linear feet of fiber optic cable underground and installing 21 handholes. The 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. 3. The plans shall be revised to show the correct placement prior to the issuance of a permit. 4. All water and sewer lines are to be hand dug before boring is started. Jennifer Fidler 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. 3. The plans shall be revised to show the correct placement prior to the issuance of a permit. 4. All water and sewer lines are to be hand dug before boring is started. George Roberds 2nd the motion and the motion carried unanimously. IR 16.04 Request of HMR, LLC for an Informal Review of Point Clear Farm, a 4-lot subdivision, Jason Tickle. The property is located at the east end of Hawthorne Lane. Mr. Smith gave the staff report saying the property is approximately 7 acres located in Baldwin County and unzoned. The property is accessed by an existing easement off of 7 November 10, 2016 Planning Commission Minutes Hawthorne Lane and 4 lots are proposed. The application, if submitted, will be for a minor subdivision. A gravel drive is proposed to provide access to the proposed lots and a waiver will have to be submitted to the requirement of the Article V, Section E. (3)- Lot Access, Subdivision Regulations that "all lots shall front upon a paved, publicly maintained street." Staff recommendation is to provide insight and comment regarding the proposed 4-lot minor subdivision, and the waiver required to carry out the applicant's plan. Mr. Tickle addressed the commission saying the property is 7 acres and 2 acres have been cleared. He said he is looking into a certified organic farming and there have been lots of people interested in helping and subdividing will allow 3 others to build and help with the work. He stated a shared drive easement is proposed to minimize impact and to respect the adjacent property owners' requests. Mr. Turner asked if the drive would be an extension of Hawthorne Lane and Mr. Tickle answered yes. Mr. Roberds asked the width of the easement and Mr. Lawley responded between 20' to 30'. Mrs. Fidler asked if Hawthorne Lane is County maintained and Mr. Lawley responded yes, to a certain point. Mr. Tickle said he has an easement and the neighbors want to keep the gravel drive. Mrs. MacKellar asked what the houses will be like and Mr. Tickle responded he did not know. Mr. Turner asked how the garbage will be accessed and Mr. Tickle stated it is picked up at the end of the driveway. Mr. Clark asked if the waiver is an issue and Mr. Smith responded staff has to enforce the regulations and there is not a hardship in this case. He said a village subdivision could be an option. IR 16.05 Request of Thompson Engineering for an Informal Review to rezone four parcels on Greeno Road form B-3b Tourist Resort Commercial Service District and B-4 Business and Professional District to B-2 General Business District, Christopher Grant. The property is located on the east side of Greeno Road,just south of Fairhope Memorial Gardens. Mr. Smith gave the staff report saying in 2008, due to the location and abundance of vacant B-2 properties and unzoned properties along Greeno Road, staff and the Planning Commission, unanimous vote, was unable to support the rezoning of one of the parcels from B-4 to B-3b in the past. He stated the Council; however, voted to rezone the B-3b parcel with a 3 to 2 vote in April of 2008 to allow for a health food store that has not been built to date. Staff recommendation is to provide insight and comment regarding the proposed zoning change from B-3b and B-4, to B-2. Mr. Grant addressed the Commission saying a grocery store is allowed in B-3b and this property being zoned as it is, is spot zoning. He said there are lots of B-2 zoned property along Greeno Road. Mr. Turner asked the total size of the properties and said he would be against anything but a PUD to make sure the site is handled correctly and Mr. Clark agreed. Mrs. Fidler said the greenspace buffers will be lost if it is rezoned to B-2 and she is not in favor of it. Mr. Turner said he would like to see the B-3b rezoned to B-4. Mrs. MacKellar said the days of living on Greeno Road are over and we need to look at the needs of the residents in the area and this area is where there is growth. Old I New Business SD 14.17 Request of Dewberry/Preble-Rish, LLC for 180 day extension of the preliminary plat approval of Woodlawn, Phase 3, Steve Pumphrey. Mr. Smith stated Phase 3 is under construction and should be completed by the end of November. Staff recommendation is to approve as requested. 8 November 10, 2016 Planning Commission Minutes Bob Clark made a motion to accept the staff recommendation to approve a 180 day extension of the preliminary plat approval of Woodlawn, Phase 3. Bernie Fogarty 2nd the motion and the motion carried unanimously. Election of Officers, Jonathan Smith -Mr. Smith stated typically someone polls the Commissioners and presents a slate of officers at the December meeting. George Roberds made a motion to have Bob Clark poll the Commissioners and present a slate at the December meeting. Bernie Fogarty 2nd the motion and the motion carried unanimously. 2017 Planning Commission Agenda Schedule -Mr. Smith asked if there were any conflicts with the proposed dates. Having no further business, George Roberds made a motion to adjourn. Bernie Fogarty 2nd the motion and the motion carried unanimously. The meeting was adjourned at 7:18 PM. Lee Turner, Chairman 9