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.
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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
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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 .
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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 +/-
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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
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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 ~.
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