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HomeMy WebLinkAbout10-01-2018 Planning Commission MinutesOctober I, 2018 Pl anning Commission Minutes The Planning Commission met Monday, October 1, 2018 at 5:00 PM at the City Municipal Complex, 161 N. Section Street in the Council Chambers. Present: Lee Turner, Chairperson; Art Dyas; Charles Johnson; Ralph Thayer; Holli e MacKellar; Richard Peterson; Clarice Hall-Black; Jack Burrell; Wayne Dyess, Planning Director; Buford King, Planner; Nancy Milford, Planner; Mike Jeffries, Planning Technician; Emily Boyett, Secretary; and Ken Watson, City Attorney Absent: Rebecca Bryant Chairman Turner called the meeting to order at 5:00 PM and announced the meeting is being recorded. ZC 18.05 Public hearing to consider the request of Eva M . Raley to rezone property from R-1 Low Density Single Family Residential District to B-2 General Business District, Larry Smith. The property is located on the east side of US Hwy. 98 (a.k.a. Greeno Road) between St. Hwy. 104 and Volanta Avenue, at 814 N. Greeno Road. Mr. King gave the staff report saying the property is bordered to the north by the Hayek PUD, to the south by the Park Place PUD , and to the east by the Auburn University Gulf Coast Experiment Station, zo ned R-1 Low Density Single Family Zoning District. The existing uses and emerging development pattern created by the two nearby PUDs along with the proximity of the recreation facility is inherently commercial in nature into which introduction of a B-2 zoning district is not inappropriate. Staff recommends APPROVAL subject to the following condition: 1) Restaurant drive-through lanes and windows are prohibited. Mr. Burrell asked if all drive-throughs are precluded on PUDs and Mr. King responded he was not sure. Mr. Turner asked abo ut the overlay district that was discussed for the Greeno Road Corridor and Mr. Dyess stated the City is conducting a Visual Preference Survey on November 8th and 9th and staff is waiting for those results before moving forward. Mr. D yess stated the site is located between two village centers and below the acreage required for a PUD. Dr. Thayer said he would like to see this site and the PUDs work together instead of three individual developments. Mr. Turner suggested waiting until the survey is completed to approve this change and Mr. Dyess said it will take several months to get all the results. Mr. Turner said he would like to see the building facades and landscaping along the right-of-way, not parking lots. Larry Smith addressed the Commission saying the applicant would like to mimic what the adjacent PUDs have approved and they are willing to restrict parking to the rear of the buildings. He aQded that waiting several months for the survey results does not work for his client's timeframe. Mr. Burrell asked if the applicant would agree to other restrictions such as no gas station, convenience store or mechanic/repair shop. Mr. Turner opened the public hearing. Having no one present to speak, he closed the public hearing. Mr. Dyas asked for the li st of allowed uses in B-2. Mr. Dyess stated the following: Allowed by Right: Single Family, Two-family, Mixed Used, E lementary and Secondary Schools, Educational Facility, Library, Public or Common Open Space, General or Professional Office, Grocery Retail, General Merchandise, Shopping Center, General Personal Services, Automobile Repair, Ind oor Recreation, Boarding House or Dormitory, Restaurant, Bar, and Entertainment Venues. October I, 2018 Planning Commission Minutes Permitted Subject to special conditions listed in the ordinance: Townhouse, Accessory Dwelling, Home Occupation, Convenience Store, and Recreational Vehicle Park. Permitted only on appeal and subject to special conditions: Cemetery, Hospital, Community Center or Club, Public Utility, Automobile Service Station, Outdoor Sales Limited, Outdoor Sales Lot, Garden Center, Convalescent or Nursing Home, Clinic, Outdoor Recreational Facility, Day Care, Mortuary or Funeral Home, Dry Cleaner or Laundry , Personal Storage, Hotel or Motel, Kennel or Animal Hospital, and Limited Manufacturing. Mr. Peterson said the Fairhope Recreation Center is an asset and the close proximity would warrant single family or high density residential at this location. Art Dyas made a motion for APPROVAL subject to the following conditions: 1) Parking shall be in the rear. 2) Drive-through lanes and windows are prohibited. 3) Automobile repair is prohibited. Ralph Thayer 2nd the motion and the motion carried with the following vote: A YE -Art Dyas, Charles Johnson, Ralph Thayer, Lee Turner, Hollie MacKellar, Clarice Hall-Black, and Jack Burrell. NAY -Richard Peterson. SD 18.32 Public hearing to consider the request of LA Development, LLC for Preliminary Plat approval of Pinewood Subdivision, Phase 2, an 18-lot division, Ercil Godwin. The property is located on the south side of Manley Road between Saddlewood Subdivision and the City of Fairhope Soccer Complex. Mr. King gave the staff report saying the subject property is approximately 7.42 acres and 18 lots are proposed. The applicant previously submitted case ZC 18.05 requesting conditional annexation to R-2 medium density single fami ly zoning district for subject property. Case ZC 18.05 was approved during the Planning Commission meeting on May 7, 20 18 and consideration by the Fairhope City Council is pending. Staff recommends APPROVAL contingent upon the following conditions: 1) Final approval of case ZC 18.05 , conditional annexation to R-2 medium density single fami ly zoning district by the Fairhope City Council. 2) Acceptance of the applicant's request for wavier of six (6) of the ten LID techniques formerly required by Article V Section F.11. Subject application was submitted prior to the adoption ofresolution 20017-03 and therefore the LID provisions are applicable to subject property, necessitating a need for a LID wavier. Mr. Dyas asked why the City Counci l has not heard the zoning case yet and Mr. King stated the appliqmt requested the zoning case be held until the subdivision case was approved. Dr. Thayer asked how utility and service vehicles w ill tum around at the dead- ends and Mr. King answered there are hammerheads proposed at each location. Ercil Godwin addressed the Commission and gave the background and timeline for this project. Mr. Turner stated the surrounding residents had several concerns regarding what they were told by D.R. Horton when they purchased their homes. Mr. Godwin explained neither he nor his client have control over what information D.R. H011on gave. Mr. Turner opened the public hearing. Edward Jackson of 106 Open F ield Drive -He stated concerns with a subdivision inside a subdivision and asked if a prope11y owner's association will be fo1med for this 2 October I, 2018 Planning Commis sion Minutes development. He also wanted clarification whether the drainage would tie into the existing Saddlewood· drainage system and pond. Having no one else present to speak, Mr. Turner closed the public hearing. Doug Chaffin of Sawgrass Consulting addressed the public comments saying a POA will be required for this subdivision and the northwest corner of this site will drain to the road due to the topography but everything else will be directed to the new infrastructure. Mr. Turner asked if the drainage will be more than pre-development and Mr. Chaffin responded no, it will be significantly less going to the Saddlewood system . Art Dyas made a motion to accept the staff recommendation for APPROVAL contingent upon the following conditions: 1) F ina l approval of case ZC 18.05 , conditional annexation to R-2 medium density single family zoning district by the Fairhope City Council. 2) Acceptance of the applicant 's request for wavier of six (6) of the ten LID techniques formerly required by Article V Section F.1 1. Subject application was submitted prior to the adoption ofresolution 200 17-03 and therefore the LID provisions are applicable to subject property, necessitating a need for a LID wavier. Jack Burrell 2 nd the motion and the motion carried unanimously with the fo llowing vote: A YE -Art Dyas, Charles Johnson, Ralph Thayer, Lee Turner, Hollie MacKellar, Richard Peterson, Clarice Hall-Black, and Jack Burrell. NAY -none. ZC 18.09 Public hearing to consider the request of Billie, LLC to establish initial zoning of R-2 Medium Density Single Family Residential District conditional upon annexation into the City of Fairhope, John Avent. The property is lo cated on the south side of St. Hwy. 104 approximately½ mile east of County Road 13 . Ms . Milford gave the staff report saying The property is approximately 35.08 acres and connects to Highway 104 on the northern side of the property and Mosley Road on the southern side of the property. The property appears to be undeveloped based on the Baldwin County Mapping system aerials. There is a natural blue line stream feature shown on the subject property, which represents the headwaters to Fly Creek. With an R-2 Zoning Designation, the applicant could build up to 145 units on this site 4.14 Units Per Acre (UPA). However, given the natural feature of the site, the applicant proposes a concept more in line with approximately 45 UP A. Staff recommends to APPROVE as requested. Mr. Dyas asked if there w ill be traffic coordination along St. Hwy. 104 with the multiple projects and Mr. Dyess responded St. Hwy. 104 and 181 are contro lled by ALDOT and the City does not have jurisdiction to require improvements. Richard Johnson, Public Works Director, <$tated the Eastern Shore MPO is tracking everything the local Planning Commissions are approving and ALDOT sits on that board. John A vent addressed the Commission saying this request is for zoning only and the traffic study will be at the time of subdivisi on. Mr. Turner opened the public hearing. Ken Mayfield of 9119B Mosley Road -He asked if the drainage and traffic have been reviewed for Mosley Road. Mr. Turner explained this is only to approve the use of the property for single family residential and the drainage and traffic w ill be reviewed once the property is developed. Having no one else present to speak , Mr. Turner closed the public hearing . 3 October I, 20 I 8 Planning Commission Minutes Art Dyas made a motion to accept the staff recommendation to APPROVE as requested. Charles Johnson 2nd the motion and the motion carried unanimously with the following vote: A YE -Art Dyas, Charles Johnson, Ralph Thayer, Lee Turner, Hollie MacKellar, Richard Peterson, Clarice Hall-Black, and Jack Burrell. NAY -none. Jack Burrell left the meeting. SD 18.34 Public hearing to consider the request ofTruland Homes, LLC for Preliminary Plat approval of Hamlet at Old Battles Village, Phase 5, a 42-lot subdivision, John Avent. The property is located on the west side of Garrison Blvd. and north of Old Battles Village, Phase 4. Ms. Milford gave the staff report saying the total tract of the subject property is approximately 12.47 acres and 42 lots are proposed. On August 6, 2018, the applicant made a PUD Amendment request to Planning Commission to amend Phases 3, 4, 5, and 6 with minor changes to Phases 3 & 4 to accommodate the changes to Phases 5 & 6. The proposed modification was a redesign of the undeveloped portion of the PUD to remove lots from significant drainage areas and environmentally sensitive areas and move the units designed for an aging population (smaller lots). The application was approved by Planning Commission and Council is pending. Staff recommends APPROVAL of the application contingent upon the following conditions: 1. The Council approval of the Old Battles Village PUD Amendment (ZC 18.06) and conditions of approval therein. 2. All pending water and sewer approvals from Mr. Richard Peterson, PE, Director of Operations shall be obtained prior to the pre-construction meeting. 3. All pending public works approval from Mr. Richard Johnson, PE, Public Works Director shall be obtained prior to the pre-construction meeting. John A vent was present to answer questions. Mr. Turner opened the public hearing. Having no one present to speak, he closed the public hearing. Art Dyas made a motion to accept the staff recommendation for APPROVAL of the application contingent upon the following conditions: 1. The Council approval of the Old Battles Village PUD Amendment (ZC 18.06) and conditions of approval therein. 2. All pending water and sewer approvals from Mr. Richard Peterson, PE, Director of Operations shall be obtained prior to the pre-construction meeting. 3. All pending public works approval from Mr. Richard Johnson, PE, Public Works Director shall be obtained prior to the pre-construction meeting. Ralph Thayer 2nd the motion and the motion carried unanimously with the following vote: AYE -Art Dyas, Charles Johnson , Ralph Thayer, Lee Turner, Hollie MacKellar, Richard Peterson, and Clarice Hall-Black. NAY -none. ZC 18.10 Public hearing to consider the request of North Hills at Fairhope, LLC to establish initial zoning of R-2 Medium Density Single Family Residential District conditional upon annexation into the City of Fairhope, John Avent. The property is located on the north side of St. Hwy. 104 approximately ½ mile east of County Road 13 , to be known as North Hills at Fairhope. Mr. King gave the staff report saying the applicant is seeking concurrent annexation and rezoning of approximately 13.47 acres +/- 4 October I, 2018 Planning Commission Minutes from unzoned Baldwin County to the City of Fairhope R-2 Medium Density Single Family Residential District. The 13 .47 acre area is a portion of a parcel of approximately 96.8 acres to which the applicant has also requested to annex but as R-1 Low Density Single Family Residential district. Staff recommends APPROVAL as requested. Mr. Dyess stated the applicant has also submitted a preliminary plat for the subject property, but it did not make the agenda. Mrs. MacKellar asked what amenities will be in the subdivision and Mr. Dyess responded the proposed development will be very similar to The Waters subdivision. Mr. Turner opened the public hearing. Having no one present to speak, he closed the public hearing. Art Dyas made a motion to accept the staff recommendation for APPROVAL as requested. Charles Johnson 2 nd the motion and the motion carried unanimously with the following vote: A YE -Art Dyas, Charles Johnson , Ralph Thayer, Lee Turner, Hollie MacKellar, Richard Peterson, and Clarice Hall-Black. NAY -none. SD 18.36 Public hearing to consider the request of Anthem Development, LLC for Final Plat approval of Anthem Oaks Subdivision, a 9-lot division, John Avent. The property is located at the southeast corner of the intersection of County Road 32 and Mandrell Lane. Ms. Milford gave the staff report saying the subject property is approximately 30.07 acres in unzoned Baldwin County and 9 lots are proposed. Staff recommends APPROVAL contingent upon the following condition: 1. The fire hydrants markers shall be installed. Dr. Thayer asked if the development is phased and Ms. Milford responded no . Mr. Turner opened the public hearing. Connie Cotton of 12415 Old Timney Lane -She stated concerns with drainage and said the run-off from this site causes the southeast corner to wash out. Having no one else present to speak, Mr. Turner closed the public hearing. Jared Landry of Dewberry Engineering, Inc addressed the public comments saying the site naturally drains to the southeast but the post-development run-off will not exceed the pre-development rates. Charles Johnson made a motion to accept the staff recommendation for APPROVAL contingent upon the following condition: 1. The fire hydrants markers shall be installed. Hollie MacKellar 2nd the motion and the motion carried unanimously with the following vote: A YE -Art Dyas, Charles Johnson, Ralph Thayer, Lee Turner, Hollie MacKellar, Richard Peterson, and Clarice Hall-Black. NAY -none. \ IR 18.02 Request of JADE Consulting, LLC for an Informal Review of Higbee Farms, a 264-unit Multiple Occupancy Project, Max Dearing. The property is located at the northeast corner of the intersecti on of Higbee Road and St. Hwy . 104. Mr. Dearing addressed the Commission saying the applicant is proposing 264 high-end apartments on approximately 22 acres. Mr. Dyas asked if there will be a commercial component to support the residents of the facility to reduce the stress on the major infrastructure. Dr. Thayer noted the parking needs to accommodate clubhouse functions and warned the widening of St. Hwy. 104 may take most of the g reenspace denoted along the ri ght-of-way. Mrs. MacKellar stated concern with the parking being along the ROW. Robe1i Randall, applicant, stated there have been talks with a grocery store for this 5 October I , 2018 Planning Commiss ion Minutes location and Mr. Dyas said now groceries do not require the massive footprints they once did. Mr. Randall said the development will be market driven. Mr. Peterson questioned the density and setbacks for this property and Mr. Watson stated they are not requesting a subdivision and splitting the land. Mr. Watson explained the units in the buildings are being leased not the land. Mr. Dyess said the property is unzoned and the City 's authority is very limited. He added if this project was inside city limits , this proposal would not meet the compatibility analysis. Mr. King noted the site is also outside the City 's Building Permit Jurisdiction as well. Trae Corte asked why this proposal is not required to meet the Comprehensive Plan and Mr. Dyess explained this will be required to follow the Multiple Occupancy Project process but the applicant is not proposing to subdivide the property. Old/ New Business Walton County Field Trip, Seaside and Rosemary Beach, Florida -Mr. Dyess said thanked the Commissioners who attended the field trip. He said it was very informative and an excellent example of long-term planning executed. Mrs. MacKellar said the best way to learn is to see the practices implemented. Mr. Dyess said he would like to do a similar trip once a year to different places. Having no further business, Art Dyas made a motion to adjourn. Charles Johnson 2nd the motion and the motion carried unanimously. The meeting was adjourned at 7: 19 PM. ~4z,: -----,::---, d Lee Turner, Chairman ~. 6