HomeMy WebLinkAbout08-06-2018 Planning Commission MinutesAugust 6, 2018
Planning Commission Minutes
The Planning Commission met Monday, August 6, 2018 at 5:00 PM at the City Municipal
Complex, 161 N. Section Street in the Council Chambers.
Present: Lee Turner, Chairperson; Art Dyas; Rebecca Bryant; Charles Johnson; Ralph
Thayer; Richard Peterson; Hollie MacKellar; Clarice Hall-Black; Wayne Dyess, Planning
Director; Buford King, Planner; Nancy Milford, Planner; Emily Boyett, Secretary; and
Ken Watson, City Attorney
Absent: Jack Burrell
Chairman Turner called the meeting to order at 5:04 PM and announced the meeting is
being recorded.
Mr. Turner introduced Clarice Hall-Black as the newest Commissioner.
SD 18.25 Public hearing to consider the request of S.E. Civil Engineering, LLC for
plat approval of Garner Subdivision, a 3-lot minor division, Larry Smith. The project
is located on the northeast corner of the intersection of S. Church Street and Bergundy
Street. Ms. Milford gave the staff report saying the property is approximately 1.06 acres
in size and is currently one lot with a single-family residence. The owners plan to split the
property, demolish the house and then re-build on one of the lots. The applicant is
requesting the plat approval be extended from 60 days to 180 days. This will give the
applicant time to take the necessary steps to remove/demolish the existing house.
Staff recommends approval contingent upon the following conditions:
1. The applicant is requesting the plat approval be extended from 60 days to 180
days. This will give the applicant time to take the necessary steps to
remove/demolish the house. The plat not be signed by the City of Fairhope staff
until the existing residence on the subject property is demolished and verified by
the City of Fairhope;
2. The approval by the Planning Commission of the request for extension of the 60
day recording period to 180 days.
3. Sidewalks shall be constructed at time of home construction on subject property.
Submit standard sidewalk details with building plans for homes to be constructed
on the subject property. Existing sidewalks shall be brought into ADA
compliance at the time of home construction.
4. The applicant shall provide a note of clarification that 5' will be dedicated to the
City of ROW to provide sufficient row in this location.
Mr. Smith addre$sed the Commission saying the owners would like a circular drive for
Lot 1 to allow access to both streets. Mr. Johnson, Public Works Director, responded he
would prefer one access but due to the low traffic volume he is not opposed to two access
points. He also added he would be able to review the driveway placement at time of
permitting.
Mr. Turner opened the public hearing. Having no one present to speak, he closed the
public hearing.
A.ti Dyas made a motion to accept the staff recommendation to approve contingent upon
the following conditions :
1. The applicant is requesting the plat approval be extended from 60 days to 180
days. This will give the applicant time to take the necessary steps to
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Planning Commission Minutes
remove/demolish the house. The plat not be signed by the City of Fairhope staff
until the existing residence on the subject property is demolished and verified by
the C ity of Fairhope;
2. The approval by the Planning Commission of the request for extension of the 60
day recording period to 180 days.
3. Sidewalks shall be constructed at time of home construction on subject property.
Submit standard sidewalk details with building plans for homes to be constructed
on the subject property. Existing sidewalks shall be brought into ADA
compliance at the time of home construction.
4. The applicant shall provide a note of clarification that 5' will be dedicated to the
City of ROW to provide sufficient row in this location .
Charles Johnson 2nd the motion and the motion carried unanimously with the following
vote: A YE -Art Dyas, Rebecca Bryant, Charles Johnson, Ralph Thayer, Lee Turner,
Hollie MacKellar, Richard Peterson, and Clarice Hall-Black. NAY -none.
SD 18.29 Discussion regarding the request of Mullins, LLC for Site Plan approval of
Northgate Subdivision, a 482-lot Village Subdivision, Joe Rector. The project is
located on the south side of St. Hwy. 104 just west of the intersection of St. Hwy. 104 and
Lawrence Road. Mr. King gave the staff recommendation to table the request beyond 30
days.
Mr. Rector addressed the Commission saying they are going to make some changes and
bring the project back for approval. He explained this application is a new design for the
site but there is an existing v illage subdivision approval for the subject property. He
stated Trae Corte previously obtained approval and now Mullins, LLC is seeking to
redesign the western portion. He noted the site is in close proximity to a village center as
denoted in the City's Comprehensive Plan and the applicant is replicating the village
design in the development. He noted the design will have large lots overlooking natural
wetlands and he asked the Commission to look at the net density and not lot size. He
stated there is a focal gr eenspace in the middle of the site with additional greenspace along
the edges which will be connected by pedestrian trails.
Mr. Dyas questioned the traffic analysis and Mr. Rector stated there is a 10 year build-out
plan and the traffic improvements will be constructed as developed. Mrs. MacKellar
asked if this approval has a sunset clause and Mr. Dyess responded the preliminary plat
approval expires after 2 years. Ken Watson stated the site plan has an expiration of 6
months but it only requires the preliminary plat be approved for the first phase. Dr.
Thayer stated traffic studies need updating periodically to account for future growth. He
also said he like the addition of a connection to the 3 Circles church. Mr. Rector stated the
church actually requested the connection and he said it will be a platted right-of-way.
Mrs. MacKellar suggested adding amenities and a commercial aspect along Hwy. 104.
Mr. Turner said he wants to see sidewalks along Hwy. 104. Mrs. Bryant said the access
connections and amenities sho uld be front loaded. Richard Johnson, Public Works
Director, stated ALDOT w ill dictate the required improvements and the phasing plan of
the improvements. He suggested each phase be designed to meet the standards on their
own so if future phases are not constructed all aspects will be met.
Rebecca Bryant stated a conflict with SD 18 .30 and SR 18.0 5. She recused herself and
left the dais.
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SD 18.30 Public hearing to consider the request of James and Beverly Reid for
Multiple Occupancy Project approval of Reid Mixed Use Development, a 21-unit
project, Larry Smith. The property is located on the south side of Magnolia A venue just
west of Church Street. Mr. King gave the staff report saying the property is zoned B-2
General Business District and is in the Central Business District Overlay of downtown
Fairhope, consisting of a combined 0.81 acres. Subject application is an MOP and does
not request subdivision of lands or the creation of new lots. The development proposes six
(6) structures with a total of 21 units. Subject application is a Multiple Occupancy Project
and as a result there is no "plat" to be submitted for final approval. In order to fulfill the
final inspection requirements of Article IV, Section C.6.a. and b., as well as Article IV,
Section D.4 , staff recommends APPROVAL of the MOP request subject to the conditions
below:
1) A pre-construction conference will be required prior to land disturbance.
a. The sequencing of construction of the various buildings, procedures for
requests for building inspection, site stabilization requirements for each
building site and initiation of closeout procedures will be clarified during
the pre-construction conference.
1. Any building constructed "stand-alone" must be constructed and all
improvements installed for "stand-alone" functionality and will
have its own closeout process.
2) Submission of a copy of the recorded utility easements related to subject property.
3) Submission of a re-plat of the existing lot lines to fit the proposed development.
(Administrative approval , no new lots to be created)
4) Subject development is an MOP and not a typical subdivision. In lieu of the final
plat approval procedure required for a typical subdivision, the closeout procedure
for subject development includes the follow procedures and/or documents as
applicable:
a. Maintenance Bond as required by Article IV, Section.D .1 .a. for any
infrastructure to be dedicated to the City of Fairhope
b. Digital or video image(s) with date and time stamp of storm drains to
ensure drainage structures are undamaged and free of debris and sediment
as required by Article IV , Section.D .1. b.( 16)
c. One copy of the site as-built drawings as well as one copy of the drainage
calculations containing the engineer 's certificate required by Article IV ,
Section.D.l.b.(18) and Article VI, Section E.6-8 as well as a statement
iqentifying the POA or similar entity responsible for maintaining any and
all sto1m water facilities and structures located outside of the publicly
accepted ROW.
d. One copy of the landscape as-built drawings with a statement from the
landscape architect of record indicating the various landscape features have
been completed as-designed.
e. Inspection of all other MOP-applicable sections of Article IV , Section D.
l.b.(1)-(18)
f. Inspection of all other MOP-applicable sections of Article VI, Construction
Standards and Chapter 19 of the City of Fairhope Code of Ordinances,
testing requirements .
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Larry Smith addressed the Commission saying the property is in the CBD and they are
proposing to expand the existing sidewalk to 8' and push the building closer to the street
which will help the trees in the middle of the property.
Mr. Turner opened the public hearing.
Al Johnson of 215 Magnolia A venue -He stated this area drains down the hill and floods
his prope1ty. He asked how the drainage and run-off will be addressed.
Dan Stubler of209 Magnolia Avenue -He stated he is in favor of the development but
has concerns with headlights shining in his windows. He also had concerns with parking
during construction. He asked what the phasing and timeline would be.
Having no one else present to speak, Mr. Turner closed the public hearing.
Mr. Smith addressed the public comments saying a new storm system will be constructed
to tie into the existing system. He stated the access points are existing, but the flow could
possibly be reversed to help with the lights and glare. He added Saxe Lane is also an
access point that will be used. Mr. Smith said there has not been a construction staging
plan developed yet but the applicant will start with one building and the rest will be
market driven.
Art Dyas made a motion to accept the staff recommendation for APPROVAL of the MOP
request subject to the conditions below:
1) A pre-construction conference will be required prior to land disturbance.
a. The sequencing of construction of the various buildings, procedures for
requests for building inspection , site stabilization requirements for each
building site and initiation of closeout procedures will be clarified during
the pre-construction conference.
1. Any building constructed "stand-alone " must be constructed and all
improvements installed for "stand-alone" functionality and will
have its own closeout process.
2) Submission of a copy of the recorded utility easements related to subject property.
3) Submission of a re-plat of the existing lot lines to fit the proposed de ve lopment.
(Administrative approval, no new lots to be created)
4) Subject development is an MOP and not a typical subdivision. In lieu of the final
plat approval procedure required for a typical subdivision, the closeout procedure
for subject development includes the follow procedures and/or documents as
applicable:
a. Maintenance Bond as required by Article IV, Section.D .1 .a. for any
infrastructure to be dedicated to the City of Fairhope
b. Digital or video image(s) with date and time stamp of storm drains to
e.Qsure drainage structures are undamaged and free of debris and sediment
as required by Article IV, Section.D.1.b.(16)
c. One copy of the site as-built drawing s as well as one copy of the drainage
calculations containing the engineer's certificate required by Aiticle IV ,
Section.D.1.b.(18) and Article VI, Section E.6-8 as well as a statement
identifying the POA or similar entity responsible for maintaining any and
all storm water facilities and structures located outside of the publicly
accepted ROW.
d. One copy of the landscape as-built drawings with a statement from the
landscape architect of record indicating the various landscape features have
been completed as-designed.
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e. Inspection of all other MOP-applicable sections of Article IV, Section D.
l.b.(1)-(18)
f. Inspection of all other MOP-applicable sections of Article VI, Construction
Standards and Chapter 19 of the City of Fairhope Code of Ordinances,
testing requirements.
Ralph Thayer 2nd the motion and the motion carried with the following vote: A YE -Art
Dyas, Charles Johnson, Ralph Thayer, Hollie MacKellar, Richard Peterson, Clarice Hall-
Black. NAY -None. ABSTAIN -Lee Turner.
SR 18.05 Request of James and Beverly Reid for Site Plan approval of Reid Mixed
Use Development, a 21-unit project, Larry Smith. The property is located on the south
side of Magnolia A venue just west of Church Street. Mr. King gave the staff report
saying the property is zoned B-2 General Business District and is in the Central Business
District Overlay of downtown Fairhope, consisting of a combined 0.81 acres. Subject
application is a mixed-use development which proposes six (6) structures with a total of
21 units. Staff recommendation is for APPROVAL.
Dr. Thayer asked if there will be elevators and Mr. Smith responded none are proposed
but they can be incorporated.
Charles Johnson made a motion to accept the staff recommendation for APPROVAL.
Art Dyas 2nd the motion and the motion carried with the following vote: A YE -Art Dyas,
Charles Johnson, Ralph Thayer, Hollie MacKellar, Richard Peterson, Clarice Hall-Black.
NAY -None. ABSTAIN -Lee Turner.
Rebecca Bryant returned to t he dais.
ZC 18.06 Public hearing to consider the request of Truland Homes, LLC for a PUD
Amendment to the Old Battles Village PUD, Steve Pumphrey. The property is located
on the north side of Battles Road, between Section Street and Greeno Road. Mr. Dyess
gave the staff report saying the applicant is seeking to amend Phases 3, 4, 5, and 6 of the
Old Battles Village PUD Master Plan. The most signifi cant change in lot sizes and lot
number w ill occur in phases 5 and 6, w ith minor changes to phases 3 and 4 needed to
accommodate the changes to phases 5 and 6. The proposed changes will increase the total
number of lots in the development by four lots, resulting in a change from 177 total lots to
181 lots. The total area of the development with remain unchanged at 86.76 acres. The
proposed changes minimally increase the development density from 2.04 units per acre to
2.09 units per acre. No request for changes in use has been proposed and the use of the
development sha,11 remain "single family residential" as the use type. No other use types
are above and beyond single family residential are indicated in the app licant's PUD
request narrative. Phase 5, the "Hamlet" is ringed with a 20' and 25' "green belt", large
common area buffer or abuts the property line of an adjoining property located in
unincorporated Baldwin County. The smallest lot abutting the prope1iy subject of the
amendment is 11 ,480 sq.ft. (82'x140') to the north and approximately 13,800 sq.ft. for the
property abutting on the east. In comparison, the smallest lot inside the "Hamlet" abutting
the east and northern properties are 8,775 sq.ft . Where the "Hamlet" abuts lots outside of
itself, a green belt, common area or property line is present thereby separating dissimilar
lo t sizes. The "Hamlet", is essentially self-contained neighborhood w ithin a neighborhood
with a ll lots fronting inward to the development with no lot s directly abutting adjoining
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lots in other phases of Old Battles Village. The subject property comprising the request
for PUD amendmentis a component of the Old Battles Village Master Plan, approved by
the Fairhope City Council on August 22 , 2016. Staff believes that the proposed
amendment offers a variety of single famil y lot types without unduly affecting
neighboring properties. In addition, the green belt and common area concept provides not
only a visual buffer and separation for the subject property but also provides a unique
aesthetic surrounding for this self-contained internally facing neighborhood.
Staff recommends that ZC 18.06 Old Battles Place PUD Amendment be APPROVED.
Mr. Pumphrey addressed the Commission saying this design amendment was relocated to
a further future phase at the request of the residents in the neighborhood.
Mrs. Bryant asked if the buffer is required to be sodded or planted and Mr. Pumphrey
responded there are trees proposed in the buffer.
Mr. Turner opened the public hearing. Having no one present to speak, Mr. Turner closed
the public hearing.
Mrs. Boyett stated no letters have been received but several residents called to verify the
location of the amendment had been moved to the north.
Art Dyas made a motion to accept the staff recommendation for APPROVAL of the Old
Battles Village PUD Amendment. Ralph Thayer 2nd the motion and the motion carried
unanimously with the following vote: A YE -Art Dyas, Reb ecca Bryant, Charles Johnson,
Ralph Thayer, Lee Turner, Hollie MacKellar, Richard Peterson, and Clarice Hall-Black.
NAY -None.
UR 18.05 Request of AT&T for an 11.52.11 Utility Review and approval of
approximately 1,269 linear foot of underground installation of fiber optic cable,
Wade Mitchell. The project will run along Magnolia Avenue, N. Church Street, and the
Fairhope Parking Garage alley to service 23 N. Section Street. Ms. Milford gave the staff
report saying The applicant proposes to install approximately 1269 linear feet of 1.5" and
2" HPDE conduit, equipped with a fiber optic cable, across Magnolia A venue, just west of
Section Street., along Magnolia Avenue to N. Church St. along N. Church Street to the
alley entering the Fairhope Parking Garage, and through the alley to the rear of 23 N.
Section St. Fiber Optic handholes to be placed in the sidewalk in two locations
The applicant proposes to install 7 handholes flush to grade and replacing 3 existing
pedestals in the alley. Staff recommendation is to approve with the following conditions:
1) The applicant shall follow the general comments related to utility work, as stated
above.
2) All mechanical equipment shall be painted Munsell green as applicable.
3) The applicant shall provide verification of the depth of the bore to the Public Works
Director.
4) The applicant shall provide the City of Fairhope with the Right of Entry documents
from the Lease holder (Parking Authority) and the grantor (Fairhope Single Tax).
5) A pre-construction conference shall be held prior to construction and w ritten notice
shall be provided in advance to the affected business owners, along with a written
schedule.
Mrs. Bryant was concerned with the large trees on Magnolia Avenue and Richard Johnso n ,
Public Works Director, stated boring is the least intrusive and preferred method of
installation near and around trees .
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Hollie MacKellar made a motion to accept the staff recommendation to approve with the
following conditions:
1) The applicant shall follow the general comments related to utility work, as stated
above.
2) All mechanical equipment shall be painted Munsell green as applicable.
3) The applicant shall provide verification of the depth of the bore to the Public Works
Director.
4) The applicant shall provide the City of Fairhope with the Right of Entry documents
from the Lease holder (Parking Authority) and the grantor (Fairhope Single Tax).
5) A pre-construction conference shall be held prior to construction and written notice
shall be provided in advance to the affected business owners, along with a written
schedule.
Richard Peterson 2nd the motion and the motion caffied unanimously with the following
vote : A YE -Art Dyas, Rebecca Bryant, Charles Johnson, Ralph Thayer, Lee Turner,
Hollie MacKellar, Richard Peterson, and Clarice Hall-Black. NAY -None.
Resolution 2017-03 Public hearing to consider the request of the City of Fairhope
Planning and Zoning Department to approve a proposed amendment to Article V,
Section F. 11 Low Impact Development (LID) requirements in the City of Fairhope
Subdivision Regulations. Mr. King gave the staff report saying the major changes include
removing the required use of 10 LID techniques and adding a reference to the Alabama
LID Handbook. He also stated there were a few minor text edits and grammatical
coffections. Staff recommendation is to APPROVE as presented.
Mr. Turner opened the public hearing .
Wade Burches -He stated he was glad to see the City being proactive about drainage and
he applauded these changes.
Having no one else present to speak, Mr. Turner closed the public hearing .
Mrs. Bryant asked why the waiver allowance is still included and Mr. Dyess responded he
thought it best to keep it but does not see where it should ever be needed. Mr. Turner said
he would not be in favor of granting a waiver to the LID requirements if this change is
approved.
Ralph Thayer made a motion to accept the staff recommendation to APPROVE as
presented. Rebecca Bryant 2nd the motion and the motion caffied unanimously with the
following vote: A YE -Art Dyas, Rebecca Bryant, Charles Johnson, Ralph Thayer, Lee
Turner, Hollie MacKellar, Richard Peterson, and Clarice Hall-Black. NAY -None.
Having no furth~r business, Ralph Thayer made a motion to adjourn. Rebecca Bryant 2nd
the motion and the motion carried unanimously. The meeting was adjourned at 6:50 PM.
Lee Turner, Chairman
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