Loading...
HomeMy WebLinkAbout12-05-2016 Planning Commission MinutesDecember 5, 2016 Planning Commission Minutes The Planning Commission met Monday, December 5, 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 November 10 , 2016 meeting were considered and Ralph Thayer moved to accept the minutes as written and was 2nd by Bob Clark. The motion carried unanimously. Storm Water Management Plan (SWMP) Review and Approval, Jonathan Smith. Mr. Smith stated the City operates under Municipal Separate Storm Sewer System (MS4) Phase II General Permit Number ALR040040. The SWMP is submitted yearly and is a permit requirement. Assessment and public review of this plan is also a requirement , and is specified in the current plan as being evaluated by the Planning Commission. The Commission watched a MS4 video. Dr. Thayer asked ifFEAB makes comments and recommendations regarding the SWMP. Mrs. Burmeister responded yes. Mr. Smith thanked Kim Burmeister for her work with the SWMP plan. Mrs. Burmeister stated the video is on the City's website as well as the SWMP plan. Jennifer Fidler made a motion to accept the Storm Water Management Plan as presented. Jimmy Conyers 2nd the motion and the motion carried unanimously. ZC 16.10 Public hearing to consider the request of David Ellis to rezone property from R-2 Medium Density Single Family Residential District to B-2 General Business District. The property is located on the south side of Fairhope A venue , just west of Mershon Street, at 566 Fairhope Avenue. Mr. Smith gave the staff report saying the property is currently zoned R-2 and located in the City of Fairhope. There are currently two structures on the property; a commercial law office and a residential structure. The Ellis property has had a dual use , commercially and residentially , for the past 50 years. Staff recommendation is to approve the proposed zoning change application from R-2 to B-2 , based on the review and feedback provided at the October 3, 2016 Planning Commission meeting. Mr. Ellis was present to answer any questions. Mr. Turner opened the public hearing. Having no one present to speak, he closed the public hearing . George Roberds made a motion to accept the staff recommendation to approve the proposed zoning change application from R-2 to B-2. Hollie MacKellar 2nd the motion and the motion carried unanimously. SD 16.29 Public hearing to consider the request of S.E. Civil Engineering for Preliminary Plat approval of Red Barn Road Subdivision, a 16-lot division, Larry 1 December 5, 2016 Planning Commission Minutes 2 Smith. The property is located at the southeast corner of the intersection of County Road 33 and Red Barn Road. Mr. Smith gave the staff report saying the property is unzoned and located in Baldwin County. The total site area is approximately 114.44 acres and 16 lots are proposed. The applicant is requesting a waiver to the LID requirements. Staff recommendation is to approve contingent upon the following conditions: 1. The applicant shall install fire hydrants prior to the plat being recorded. The installed fire hydrants shall be located on the plat. 2. Approval of the subdivision by Baldwin County. 3. The submittal of a current (within 5 years) wetland delineation and associated notes and signage location on the plat. 4. The handling of the installation of drainage and LID shall be resolved to the satisfaction of the Planning Director, the Building Official, and the engineer of record. The note on the plat regarding LID will need to be revised to reflect the resolution regarding LID installation. 5. Notes shall be added to the plat stating/referencing the buffer requirements, the allowed uses within the buffer and showing the location of the buffer signage. Wetland buffer signage shall be installed prior to the issuance of a land disturbance permit. 6. The finished floor elevation note shall be reviewed and meet the Building Official’s approval. Mr. Larry Smith addressed the Commission saying he is aware of the conditions and he is working on addressing them. Mr. Turner opened the public hearing. Bruce Larsen of 18830 Highland Drive – He said he is not against the subdivision but has concerns with the waiver to the drainage requirements. He said the property was previously farmed and had to be stopped due to the water. He stated the site has a steep slope and sandy soil. He said the large lots are right for the area but the water is an issue. He stated the area has flooded before and there are gopher tortoises on the site. Karen Kennedy of 18853 Highland Drive – She stated flooding is an issue and the water is a major concern. She asked who will be responsible for the drainage and sign-off that it is right. Stacy Bishop of 12333 Red Barn road – She asked if businesses, mobile homes, or multifamily will be allowed on the lots. She stated the water is an issue and everyone living out there knows it. Having no one else present to speak, Mr. Turner closed the public hearing. Mr. Larry Smith and Mr. Earl Hollingshead addressed the public comments and questions saying the restrictive covenants will not allow commercial or mobile homes and the minimum house square footage will be between 2,500 to 3,000 square feet. Mr. Larry Smith explained the drainage is not being reduced with the waiver request and all stormwater requirements will be met. He said each lot will individually address the stormwater and install the LID techniques. Mrs. Fidler asked if the buyers will be allowed to pick the LID techniques used on their lot and who will verify it is installed correctly. Mr. Larry Smith responded yes, each lot’s LID techniques will be unique and based on the house square footage and the LID installation will be certified by the engineer of record for the site. Mr. Larry Smith stated Clydes Lane will not be used for access to the site and no improvements are proposed to Red Barn Road or County Road 33. Mrs. MacKellar asked what needs to be done to protect the gopher tortoises and Mr. December 5, 2016 Planning Commission Minutes be done to protect the gopher tortoises and Mr. Larry Smith responded he is aware of the animal and the proper procedures will be followed. George Roberds made a motion to approve the waiver request and accept the staff recommendation to approve contingent upon the following conditions: 1. The applicant shall install fire hydrants prior to the plat being recorded. The installed fire hydrants shall be located on the plat. 2. Approval of the subdivision by Baldwin County. 3. The submittal of a current (within 5 years) wetland delineation and associated notes and signage location on the plat. 4. The handling of the installation of drainage and LID shall be resolved to the satisfaction of the Planning Director, the Building Official, and the engineer of record. The note on the plat regarding LID will need to be revised to reflect the reso lution regarding LID installation. 5. Notes shall be added to the plat stating/referencing the buffer requirements, the allowed uses within the buffer and showing the location of the buffer signage. Wetland buffer signage shall be installed prior to the issuance of a land disturbance permit. 6. The finished floor elevation note shall be reviewed and meet the Building Official's approval. Ralph Thayer 2 nd the motion and the motion carried unanimously . SD 16.30 Public hearing to consider the request of JADE Consulting, LLC for Multiple Occupancy Project review and approval of Grand Pointe Motorcoach Resort, Phase 1, a 45-unit project, Trey Jinright. The property is located on the north side of State Highway 104, just east of Higbee Road. Mr. Smith gave the staff report saying the site is approximately 39 acres of unzoned land in Baldwin County. He said the applicant proposed to have micro-cottages constructed on each lot and be a luxury RV Park. Staff recommendation is to approve contingent upon the applicant revising the plans to reflect the deficiencies noted by Mr. Larry Smith of S.E. Civil Engineering. Mr. Jinright addressed the Commission saying this is not a campground, but a high-end luxury RV park. He said the property is unzoned in the County and was approved by Baldwin County on Thursday. He stated there will be two phases and this is the first phase of 45 lots. He added they are not requesting a waiver to the LID requirements. Mr. Turner opened the public hearing. Trae Corte of 101 Spring Park Drive -He said he is not opposed to this development. He asked who w ill provide the sewer for the development because the City denied sewer for his proposed development across the street. Larry Bridges of 11211 St. Hwy. 104 -He asked if electrical hookups will be provide for each lot and if so, that they be required to use them due to the noise of generators. He is not against the development. Matt Kilgore of 11508 Brenda Road -He stated lots of subdivisions and lots are being proposed and approved in this area. He said it is nice now but what about 10 years down the road. He said there is no concern for the overall good and well-being of the existing residents. Having no one else present to speak, Mr. Turner closed the public hearing. Mr. Jinright address the public comments saying the sewer provider will be the City of Fairhope and the developer is paying for the installation of the main along St. Hwy. 104. He added St. Hwy. 104 is regulated by ALDOT and permit has been submitted to them 3 December 5, 20 I 6 Planning Commission Minutes for approval. Pat Achee, developer, stated the site will be a land condo development and each lot will be individually owned but governed by condo documents. He said coach houses are proposed for each lot and power hookups will be required; however, generator testing will still be done occasionally. He stated the target demographics will be 65 and over and not here year-round. He .added there are lots of trees being kept for cover and as a noise buffer. Dr. Thayer asked if there will be a manager and security on site and Mr. Achee responded it will be up to the prope1iy owners association but it will be gated. Jennifer Fidler made a motion to accept the staff recommendation to approve contingent upon the applicant revising the plans to reflect the deficiencies noted by Mr. Larry Smith of S.E. Civil Engineering. Hollie MacKellar 2nd the motion and the motion carried unanimously. Mr. Turner stated he has a conflict with the next case. He recused himself and left the room. Mr. Roberds took over as Chairman. SD 16.33 Public hearing to consider the request of JADE Consulting, LLC for Preliminary Plat approval of Tatumville Subdivision, a 12-lot division, Trey Jinright. The property is located one lot south of Fig A venue and runs from Church Street to Chinquepin Street. Mr. Smith gave the staff report saying the site is zoned approximately 5.41 acres zoned R-2 and 12 lots are proposed. The applicant is proposing to use City property for the stormwater and park area. Staff recommendation is to table the request indefinitely, with the approval of the applicant, until the logistics of using City property can be worked out between the Fairhope Single Tax Corporation, the Mayor, City Council, and City Attorney or deny the application. Mr. Clark said allowing the detention on City property will set a precedent and Mr. Smith responded it has already been allowed on a smaller scale with the Pointe Place subdivision. Dr. Thayer commented it is a great idea but the City needs to check the legality and make sure it is done right. Mr. Jinright addressed the Commission saying they are using eleven LID techniques to transform this property into a community asset. He said this will be a unique, demonstration project and a joint venture to raise the bar. He said he is not against tabling the application but he would like the Commission to consider approving it with the condition that the City Council must also approve it. Mr. Jinright explained the proposed stormwater design will encompass the entire watershed of approximately 700 acres as well as the subject development. Michael Upchurch of 17 White A venue -FSTC Treasurer -He said there is no motive other than making the community better and trying to make a model development. He said the FSTC gives millions to the City to make Fairhope better and they want to work with everyone. Cliff Pitman -Director of FSTC -He stated this precedent was set 25 years ago with Founders Park. He asked the Commission to approve it with a condition for the Council to approve. Carol Saltz of 1090 Fairhope A venue -FSTC Secretary -She said the FSTC is about Fairhope and she is ok with tabling the application to work out the details but they are trying to bring something that is need to this area. She said the people downstream of this location need this development. Mr. Roberds opened the public hearing. 4 December 5, 2016 Planning Commission Minutes Mayor Wilson -She said the City wants to partner with FSTC but this has not been thought through completely. She noted flooding and sewer issues in the area and she asked how this development will be good for the neighborhood if it is putting more strain on it. She said people have tried to lease this land and been denied by the FSTC so why is it being developed now. Fritz Ingram of 9 Echo Lane -He said he has seen the damage from the floodwater and erosion. He said the original culvert dropped off into the gulley and the gulley has filled about 3'. He detailed how he has watched thousands of dollars of rip-rap be destroyed and culverts undermined and collapse. He said the gulley is unstable. He noted concerns with mosquitos, parking for the public, tree protection, and access for City maintenance. He said the application needs to be tabled and more studies done before any decision is made . Dean Mosher of 456 Oak Avenue-He said parklands and the gullies are important but no permanent structures should be allowed. He noted there are hundreds of acres in gullies and the watershed management plan is one of the oldest agreements in the country. He said FSTC is acting as a developer and is asking to put improvements on City property and this is a liability. He stated it is not safe to be in the gullies and he asked how much it would cost to maintain this design. He said this plan is too off base to help the neighborhood and the City will burden the cost to maintain. He said the gullies are not meant to be parks and this will set a precedent. Paul Ripp of 22985 High Ridge Road -He said Mr. Roberds should have recused himself from this case because he does work for FSTC . He said the community needed to be notified of this development and it should be turned down now. Cheryl Rooker of 377 Fig Avenue-She said this area is a wildlife refuge and this development will increase the traffic for the residents already living here. Brenda Jemerson of 604 S. Church Street-She stated the dirt road is her home. She said the gulle y is washing away and this development is not beneficial for the area. Dave Rodvien of 252 Fig A venue -He stated concerns with tree protection, water runoff, traffic, and the cost of the development. Hamilton Dual of 3 7 4 Fig A venue -He said if FS TC has an unlimited budget then why not make the entire area a park. Having no one else present to speak, Mr. Roberds closed the public hearing . Jimmy Conyers made a motion to accept the staff recommendation to table the request indefinitely, with the approval of the applicant, until the logistics of using City property can be worked out between the Fairhope Single Tax Corporation, the Mayor, City Council, and City Attorney. Ralph Thayer 2nd the motion. Mr. Upshaw said FSTC is agreeable to tabling the application. Mrs . Fidler asked when the project can come back and Mr. Smith said he is not sure how long it will take to work out. Mr. Clark said he has always been impressed by the cooperation of the City and FSTC and he would like to see something worked out. He recommended limiting the tabling to 120 days. Jimmy Conyers amended the motion to table the request for 120 days, with the approval of the applicant, until the logistics of using City prope1ty can be worked out between the Fairhope Single Tax Corporation, the Mayor, City Council, and City Attorney. Ralph Thayer amended his 2nd. The motion canied unanimously. The Planning Commission took a 5 minute recess. 5 December 5, 2016 Planning Commission Minutes Mr. Turner returned to the dais. SD 16.36 Public hearing to consider the request of Dewberry/Preble-Rish, LLC for Plat approval of The Bill's No. 2 Subdivision, a 3-lot minor division, Trae Corte. The property is located at the southwest comer of the intersection of St. Hwy. 104 and Lawrence Road. Mr. Smith gave the staff report saying the property is unzoned and located in Baldwin County. The total site area is approximately 316.93 acres and 3 lots are proposed. Staff recommendation is to approve contingent upon the following: 1. Approval of the subdivision by Baldwin County. 2. The applicant shall submit a current wetland delineation. 3. A note shall be added to the plat referencing the buffer requirements and allowed wetland buffer uses. A note shall also be added stating that required permanent buffer signage shall be installed prior to issuance of a building permit. 4. Any special notation with regards to the donation of the wetlands for preservation should be labelled on the plat. Mr. Corte said he is only purchasing 263 of the 316 total acres and the area is currently farmland. He said the wetlands are not being broken out with this subdivision but it will be handled with next phase of the development. Mr. Smith said condition number 4 can be removed. Mr. Turner opened the public hearing. Having no one else 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: 1. Approval of the subdivision by Baldwin County. 2. The applicant shall submit a current wetland delineation. 3. A note shall be added to the plat referencing the buffer requirements and allowed wetland buffer uses. A note shall also be added stating that required permanent buffer signage shall be installed prior to issuance of a building permit. George Roberds 2nd the motion. Mr. Martin asked who is the sewer provider and Mr. Corte responded BCSS. The motion carried unanimously. SD 16.37 Public hearing to consider the request of Dewberry/Preble-Rish, LLC for Preliminary Plat approval of The Verandas, Phase 1, a 66-lot subdivision, Trae Corte. The property is located at the southwest comer of the intersection of St. Hwy. 104 and Lawrence Road. Mr. Smith stated the applicant has requested to table the application until the January Planning Commission meeting. Ralph Thayer made a motion to table the application until the January Planning Commission meeting at the request of the applicant. David Martin 2nd the motion and the motion carried unanimously. SD 16.38 Public hearing to consider the request of Dewberry/Preble-Rish, LLC for Plat approval of Graceway Subdivision, a 2-lot minor division, Steve Pumphrey. The property is located on the west side of Bishop Road, just north of Edwards A venue. Mr. Smith stated the applicant has requested to table the application until the January Planning Commission meeting. 6 December 5, 2016 Planning Comm iss ion Minutes Jimmy Conyers made a motion to table the application until the January Planning Commission meeting at the request of the applicant. Bob Clark 2 nd the motion and the motion carried unanimously. SD 16.40 Public hearing to consider the request of Dewberry/Preble-Rish, LLC for Final Plat approval Natures Trail, Phase 2, a 45-lot subdivision, Steve Pumphrey. The property is located south ofldlewild Subdivision and east of Natures Trail, Phase 1. Ms. Milford gave the staff report saying the property is located in the City of Fairhope and is zoned R-2. The total site is approximately 21.86 acres and 45 lots are proposed. Staff recommendation is to approve contingent upon the following conditions: 1. The Maintenance financial guaranty and agreement shall be revised to reflect the updated cost estimates from the engineer of record. 2. The Subdivision financial guaranty and agreements shall be revised to reflect the updated cost estimates. 3. The revised Operations and Maintenance Plan and Agreement shall be fully executed and recorded. The date shall be corrected in the document prior to the recording. 4. The applicant shall submit GIS As-Builts that meet the approval of Dan McCrory, Water and Sewer Superintendent. 5. The final inspection punch list shall be completed. Mr. Pumphrey was present to answer questions . Mr. Turner opened the public hearing. Having no one present to speak, he closed the public hearing. Mrs. Fidler stated there was an agreement to repair the entrance on Thompson Hall Road at the time of Phase 2 and she asked if it has been completed. Mr. Pumphrey responded yes , it has been corrected. Jennifer Fidler made a motion to accept the staff recommendation to approve contingent upon the following conditions: 1. The Maintenance financial guaranty and agreement shall be revised to reflect the updated cost estimates from the engineer of record. 2. The Subdivision financial guaranty and agreements shall be revised to reflect the updated cost estimates. 3. The revised Operations and Maintenance Plan and Agreement shall be fully executed and recorded. The date shall be corrected in the document prior to the recording. 4. The applicant shall submit GIS As-Builts that meet the approval of Dan McCrory, Water and Sewer Superintendent. 5. The final inspection punch list shall be completed. Bob Clark 2 nd the motion and the motion carried unanimously. Old/ New Business Election of Officers, Jonathan Smith -Mr. Clark polled the Commissioners and nominated Lee Turner as Chairman and George Roberds as Vice Chair. Bernie Fogarty 2nd the motion and the motion carried unanimously. Bob Clark made a motion to appoint Emily Boyett as Secretary. Hollie MacKellar 2nd the motion and the motion carried unanimously. 7 December 5, 2016 Planning Commission Minutes 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 7:54 PM. L~~h -er, airman 8