HomeMy WebLinkAbout07-03-2017 Planning Commission MinutesJuly 3, 2017
Planning Commiss ion Minutes
The Planning Commission met Monday, July 3, 2017 at 5:00 PM at the City Municipal
Complex, 161 N. Section Street in the Council Chambers.
Present: Lee Turner, Chairperson; Charles Johnson; Richard Peterson; Jimmy Conyers;
Ralph Thayer; Hollie MacKellar; Wayne Dyess, Planning Director; Nancy Milford,
Planner; Buford King, Planner; Emily Boyett, Secretary; and Ken Watson, City Attorney
Absent: David Martin and Rebecca Bryant
Chairman Turner called the meeting to order at 5:00 PM and announced the meeting is
being recorded.
The minutes of the June 5, 2017 meeting were considered and Ralph Thayer moved to
accept the minutes with one correction and was 2nd by Jimmy Conyers. The motion
carried with an abstention by Charles Johnson.
ZC 17.04 Public hearing to consider the request of S.E. Civil Engineering, LLC to
rezone property from R-1 Low Density Single Family Residential District and R-4
Low Density Multi-Family District to PUD (Planned Unit Development), Larry
Smith. The property is located on the east side of US Hwy. 98 (a.k.a. Greeno Road) just
north ofVolanta Avenue, to be known as Park Place PUD. Mr. Dyess gave the staff
report saying the PUD consists of 11 buildings of 2 and 3 stories totaling 60,000 sq.ft. for
office, retail, medical and residential mixed use component. The residential use will be
located on the 2 nd and 3 rd floors and will comprise 15,000 sq.ft. and an estimate of
approximately 7 residential units or 25% of the total building area.
Staff recommends DENIAL of the Park Place PUD based on the following:
1. The proposed PUD is a commercial/mixed use development which is located
between two villages in the Comprehensive Plan (North Village and Greeno Road
Village). These villages are intended to accommodate for commercial and mixed-
use development along the Greeno Road corridor, thereby creating boundaries of
future commercial uses which limits "commercial creep" and strip commercial
development along Greeno Road. Further, the subj ect properties zoning is
residential as well as its Comprehensive Plan land use designation. The proposed
development is not located at a designated "village" center and lies between two
villages. Due to the location, s ize, scale and uses of the PUD, the proposed
development is inconsistent with the Comprehensive Plan and its v illage concept
and is therefore "not in accordance with" the Plan. Staff believes that to achieve
the vision of the Comprehensive Plan of a v illage development strategy along
Greeno Road, committed adherence to the Plan is necessary.
2. The proposed PUD contains references to medical and professional uses.
Referencing the medical uses, the City adopted a Medical Overlay District,
Section H. Article V. Fairhope Zoning Ordinance, with the intent to "establish
and provide for the logical expansion of medical office needs to accommodate the
growing community and region." Although there is no outright prohibition of
medical uses outside this overlay, to fulfill the intent of the overlay, medical uses
should be encouraged to locate with the overlay. This may explain why the clinic
or medical uses are only allowed "on appeal" and not allowed by right, pursuant
Table 3.1 -Use Table of the Article III , Section B of the Zoning Ordinance.
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Mr. Smith addressed the Commission saying he disagrees with the staffs interpretation
of the Comprehensive Plan. He stated the Hayek PUD was approved 1 year ago and it
was 17 days prior to the Comp. Plan adoption. He explained the layout will provide
buffers along US Hwy. 98 and the Auburn property, shield parking from the street, and
maximize walkability and open space. Mr. Smith stated the Hayek PUD set a precedent
and there needs to be defined edges for the nodes outlined in the Comp. Plan. He noted
the Comp. Plan does not dictate land use and the Commission recommended the
properties come together and submit a plan.
Mr. Dyess stated the staff report is based on the existing regulations, ordinances, and
Comp. Plan and staff does not feel it meets the requirements.
Mr. Turner opened the public hearing.
T.J. Murphy of204 Tensaw Avenue -He noted there are issues with the Comp. Plan but
we should be able to look at a master plan to know where the City is headed. He said the
City needs to be workable and not over looked.
Matt Miller of 22741 Main Street -He said even though we have a Comp. Plan, the site
is an eyesore and as the entrance into the City it needs to be upgraded.
Having no one else present to speak, Mr. Turner closed the public hearing.
Mr. Smith stated the property can't be developed like a normal piece because of the
location and characteristics. It is bordered by Auburn to the east and US Hwy. 98 on the
west and it widens from 83' to 400 '. Dr. Thayer noted the letter from Auburn and
commended Mr. Smith for this very workable site plan. He suggested additional
buffering and landscaping along US Hwy. 98 and adding lights at the entrance. He said
he does not completely agree with staff interpretation. Mr. Turner commented he agrees
with Dr. Thayer and the property is an unusual shape and currently is an unattractive site.
He stated he likes the plan over all but would encourage more buffering on US Hwy. 98.
Mr. Turner noted concerns with the existing structures on the site not meeting hurricane
standards. Mr. Peterson noted the property can accommodate residential just as well as
commercial. He explained the proximity of the City facilities would encourage high
density residential. Mr. Smith stated the site could accommodate approximately 7 or 8
residential units. Dr. Thayer asked about a traffic study and if ALDOT has given
approval of the curb cut. Mr. Dyess recommended the Commission be specific if
additional landscaping and buffering is desired. He explained the existing requirements
do not specify understory or canopy trees. Mr. Peterson stated the decision at hand is for
the use of the property not the aesthetics. He said landscaping will be required regardless
of the use. Mr. Smith stated ALDOT is aware of the curb cuts. Mr. Conyers stated he
sees both sides of the situation but he is conflicted.
Richard Peterson made a motion to deny based on the staff recommendation. Motion
failed for lack of a second.
Mrs. MacKellar asked how long the site can be dormant and Mr. Dyess responded there
is no limit. He recommended adding limits. Mr. Turner asked the linear footage along
US Hwy. 98 and Mr. Smith answered approximately 900 '. Mr. Turner stated there could
be 8 or 9 lots and as many curb cuts if developed as it is cunently zoned. He said he likes
the proposal. Mrs. MacKellar stated she likes the proposal and said the area needs a
facelift. She noted a boutique hotel is also needed. Mr. Johnson stated he likes the plan
and something needs to be done in this area.
Ralph Thayer made a motion to approve the request with an increased buffer and
landscaping to include understory and canopy trees . Charles Johnson 2nd the motion.
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Mr. Peterson asked if there's such a demand for this type development why is the Hayek
PUD still undeveloped. Dr. Thayer responded we cannot ask ifthere is a need for the
project but review to make sure it meets the requirements.
The motion carried with the following vote: A YE -Charles Johnson, Ralph Thayer, Lee
Turner, and Hollie MacKellar. NAY -Richard Peterson. ABSTAIN -Jimmy Conyers.
ZC 17.05 Public hearing to consider the request of S.E. Civil Engineering, LLC to
rezone property from R-1 Low Density Single Family Residential District to B-1
Local Shopping District, Larry Smith. The property is located on the northwest corner
of the intersection of Edwards Avenue and US Hwy. 98 (a.k.a. Greeno Road), at 861
Edwards A venue. Ms. Milford gave the staff report saying the property is approximately
.9 acres and the proposed use is a bank. Upon the Commiss ion finding that this
application is not commercial creep and leap frog development, staff would offer a
favorable recommendation. Mr. Smith addressed the Commission saying the site is
contiguous with B-4 zo ned property and commercial PUD across the street.
Mr. Turner opened the public hearing.
Elmer Vick of 102 Ingleside Terrace Circle -He stated access to Greeno Road from
Edwards A venue is already very difficult and this development will compound the
problem. He noted B-1 allows much more than just a bank and he requested the
Commission deny the request.
T.J. Murphy of 204 Tensaw A venue -He stated this rezoning will set a precedent for the
R-1 properties along Greeno Road. He said the Commission seems to be granting a lot of
exceptions to the Comp. Plan. He explained the plans are not bad but they don't fit with
the current Comp. Plan vision and should be denied. He said development should be
driven by the community.
Mr. Dyess stated this request is different from the last case because this property is
contiguous with existing commercially zoned property. He noted buffering would also
be required between the incompatible uses if approved. He added the site falls under the
threshold for site plan requirements and w ill not come back before the Commission.
Ronna Field Yeager of 105 Ingleside Terrace Circle -She stated concerns with the
entrance into the property and the increased traffic on Edwards A venue. She asked what
is proposed. Mr. Turner explained the applicants have indicated a bank is to be
developed but he noted there are multiple uses allowed in the B-1 zoning district.
Jerome O 'Brien of 9985 Gayfer Road Extension-He stated he is representing the bank
for real estate purposes. He explained there will be a 20' buffer along the east and west
sides of the property. He noted the hours will be 9 to 5 Monday through Fri day with an
A TM and drive-thru. He stated the applicant would have requested a more stringent
zoning but B-1 is the only zoning district which allows a bank. Mr. Dyess explained the
property will have to meet the requirements of the Zoning Ordinance for use and
buffering if the application is approved. He cited Article IV, Section B. for buffering
requirements.
Having no one else present to speak, Mr. Turner closed the public hearing.
Dr. Thayer asked ifthere will be an ATM and noted at other loc ations the lighting seems
to be intrusive but necessary due to safety. Mr. Dyess stated lighting is a valid concern
and a 1 O' pole height limit with no-spill covers will help to alleviate those issues. He
stated, if approved, the site plan will be reviewed to verify compliance with all current
regulations. Mr. Conyers asked if there is another more restrictive zoning district which
allows a bank and Mr. Dyess responded no. Mr. Peterson asked for a definition of the
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buffer. Mr. Dyess explained the buffers are landscaping. Mr. Turner asked the width of
the buffers and Mr. Dyess answered 20'. Mrs. MacKellar asked about signage and Mr.
Dyess stated it will be a constrained site but it will have to meet all the requirements and
regulations . There was discussion regarding a possible plan or overlay district for Greeno
Road and the process to make those amendments or revisions to the City regulations.
Richard Peterson made a motion to approve the zoning change request. Motion failed for
lack of a second.
Mr. Conyers suggested tabling the application for more discussion and Mr. Watson stated
the 30-day continuance does not apply in this situat ion. Mrs. MacKellar asked ifthere
are more applications coming for this area and Mr. Dyess responded yes. Mr. Smith
requested the Commission vote and either deny or approve the request to be forwarded to
City Council.
Richard Peterson made a motion to approve the zoning change request. Motion failed for
lack of a second.
Charles Johnson made a motion to deny the zoning change request. Ralph Thayer 2nd the
motion and the motion carried with the following vote : A YE -Charles Johnson, Ralph
Thayer, Lee Turner, Hollie MacKellar, and Jimmy Conyers. NAY -Richard Peterson.
ZC 17.06 Public hearing to consider the request of S.E. Civil Engineering, LLC to
rezone property from RA Residential/Agriculture to R-2 Medium Density Single
Family Residential District, Larry Smith. The property is located on the north side of
Windmill Road just east of US Hwy. 181, at 10143 Windmill Road. Mr. King gave the
staff report saying the property is approximately 46 ,969 sq. ft. with one existing home on
the site. The applicant is also proposing a 2 lot minor subdivision of the subject property.
Staff recommendation is to approve the zoning change as requested. Mr. Smith
addressed the Commission saying there are several surrounding parcels zoned R-2.
Mr. Turner opened the public hearing. Having no one present to speak, he closed the
public hearing.
Jimmy Conyers made a motion to accept the staff recommendation to approve the zoning
change as requested. Ralph Thayer 2nd the moti on and the motion carried unanimously.
SD 17.13 Public hearing to consider the request of S.E. Civil Engineering, LLC for
Plat approval of Lyons Subdivision, a 2-Iot minor division, Larry Smith. The
property is located on the north side of Windmill Road just east of US Hwy. 181, at
10143 Windmill Road . Mr. King gave the staff report saying the property is
approximately 46,969 sq. ft. with one existing home on the site and 2 lots are proposed.
Staff recommendation is to approve contingent upon the following condition:
1. City Council shall approve the re zoning request for the subject prop erty.
Mr. Smith was present to answer any questions .
Mr. Turner opened the publi c hearing. Having no one present to speak, he closed the
public hearing.
Jimmy Conyers made a motion to accept the staff recommendation to approve contingent
upon the following condition:
1. City Council shall approve the rezoning request for the subj ect property.
Ralph Thayer 2nd the motion and the motion carried unanimously.
SD 17.15 Public hearing to consider the request of Dewberry/Preble-Rish, LLC for
Final Plat approval of Fox Hollow, Phase 1, a 52-lot subdivision, Andy Bobe. The
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property is located on the south side of Morphy A venue between Edington Place and
Pecan Trace subdivisions. Ms. Milford gave the staff report saying the property is
approximately 38.73 acres and is zoned R-2 Medium Density Single Family Residential
District. Staff recommendation is to approve contingent upon the following conditions :
1. The final punch list shall be completed to the satisfaction of the City of Fairhope.
2. The Operations and Maintenance Plan shall be executed and recorded at the time
of final plat.
3. The applicant has shown a willingness to provide two valves at the time of the
first issuance of a Certification of Occupancy for the subdivision.
Mr. Turner opened the public hearing. Having no one present to speak, he closed the
public hearing. Dr. Thayer stated he appreciated the calculations for the school impact
that were included in the staff report. Mr. Dyess stated staff will be presenting quarterly
date to the Baldwin County School Board to show the growth in Fairhope so they will be
able to more accurately plan for expansion. Mr. Turner stated the contractor did an
excellent job on the sidewalk and boardwalk through the wetlands on Morphy Avenue.
Mrs. MacKellar stated the traffic calming device look great also.
Jimmy Conyers made a motion to accept the staff recommendation to approve contingent
upon the following conditions:
1. The final punch list shall be completed to the satisfaction of the City of Fairhope.
2. The Operations and Maintenance Plan shall be executed and recorded at the time
of final plat.
3. The applicant has shown a willingness to provide two valves at the time of the
first issuance of a Certification of Occupancy for the subdivision.
Ralph Thayer 2nd the motion and the motion carried unanimously.
Old/New Business
Wednesday, July 12, 2017 at 1 :00PM -Council Chambers -Public meeting for
construction industry professionals and the public to discuss and gather input on i ssues
relating to the zoning ordinance and subdivision regulations and related to construction
and design standards.
Having no further business, Ralph Thayer made a motion to adjourn. Jimmy Conyers 2nd
the motion and the motion carried unanimously. The meeting was adjourned at 6:46 PM.
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