HomeMy WebLinkAbout11-04-2019 Planning Commission MinutesNovember 4, 2019
Planning Commission Minutes
The Planning Commission met Monday, November 4, 2019 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; Harry Kohler; Hollie
MacKellar; Richard Peterson; Clarice Hall-Black; Robert Brown, Council Liaison;
Buford King, Development Services Manager; Hunter Simmons, Planning and Zoning
Manager; Mike Jeffries, Planner; Emily Boyett, Secretary; and Ken Watson, City
Attorney
Absent: none
Chairman Turner called the meeting to order at 5:04 PM and announced the meeting is
being recorded.
The minutes of the August 5, 2019 Worksession, September 5, 2019 regular meeting,
September 10, 2019 Special meeting, and October 7, 2019 regular meeting were
considered. Art Dyas made a motion to accept the minutes as written. Harry Kohler 2nd
the motion and the motion carried unanimously with the following vote: A YE -Art
Dyas, Rebecca Bryant, Harry Kohler, Lee Turner, Hollie MacKellar, Richard Peterson,
Clarice Hall-Black, and Robert Brown. NAY -none.
ZC 19.16 Public hearing to consider the request of The Retirement Systems of
Alabama to establish an initial zoning of TR Tourist Resort District conditional
upon annexation into the City of Fairhope, Tim Lawley. The property is
approximately 7 .23 acres and is located on the south side of County Road 34 between
Point Clear Court and Poviner Place. Mr. Jeffries gave the staff report saying the property
is currently unzoned in Baldwin County and lies between the current Lakewood Azalea
golf course holes two and three. The applicant wishes to annex to TR District and the
property would be designated as Low-Rise Residential District. The property was
subdivided in 2006 as part of case SD 06.08 Colony at the Grand North Subdivision.
Staff recommendation is to APPROVE the conditional annexation to the TR Tourism
Resort District with the following condition:
1. The use shall be restricted to single family residential dwelling and accessory
structures only.
Mr. Dyas stated the TR District is a special district and was created only for the Grand
Hotel and Lakewood.
Art Dyas made a motion to TABLE the request until the December Planning
Commission meeting to allow further review of the TR District specifications and
requirements.
Clarice Hall-Black 2nd the motion and the motion carried unanimously with the following
vote: A YE -Art Dyas, Rebecca Bryant, Harry Kohler, Lee Turner, Hollie MacKellar,
Richard Peterson, Clarice Hall-Black, and Robert Brown. NAY none.
SD 19.40 Public hearing to consider the request of Ryan Creel and Vincent A.
Boothe for site plan approval of The Tin Tops at Gayfer, a 20-unit multiple
occupancy project, Larry Smith. The property is located on the north side of Gayfer
Road Extension just west of Bishop Road. Mr. King gave the staff report saying the
property is approximately 5.31 acres and is unzoned in Baldwin County. The applicant is
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proposing 10 duplexes for a total of 20 units. Staff recommendation is to TABLE for
further study for the following reasons:
1. Article V, Section F.3.b Staff is concerned about a plan to mitigate damage to
downstream property, as the discharge from Outlet Control Structure #1
discharges onto adjacent private property PPIN 24268 to the north of subject
property in lieu of discharging into a public conveyance system.
a. PPIN 24268 does not appear to contain a natural drainage way near its
common lot line with subject property.
b. A natural drainage basin appears to be in existence partially on the
northeast comer of PPIN 24268 but primarily located on adjacent PPIN
271784.
Staff acknowledges that as-designed, the drainage system proposed for Case# SD 19.40,
Tin Tops at Gayfer complies with the City of Fairhope Subdivision Regulations, more
specifically post-development stormwater flows are less than or equal to predevelopment
flows (924cfs post-development vs. 929.85cfs pre-development) and Total Suspended
Solids (TSS) removal has been designed to remove 82.5% ofTSS (80% required). If it is
the pleasure of the City of Fairhope Planning Commission to approve Case# SD 19.40,
staff recommends the approval contain the following conditions of approval:
1. A drainage easement, to be reviewed and approved by the City of Fairhope
Planning Commission's legal counsel, shall be prepared and recorded for the
conveyance of storm water outfall from Outlet Control Structure # 1 across PPIN
24268.
2. A landscape plan in compliance with ordinance # 1444 (including tree protection
details) shall be submitted as a component of the "for construction" drawings
prior to issuance of a land disturbance permit.
a. The 20' front landscape buffer contemplated by section 20.5-4_14 is not
applicable because subject property is not located within the City of
Fairhope. The Planning Commission may wish to require this buffer via
condition of approval.
b. The Planning Commission may wish to require via condition of approval
that section 20.5-4_11 "Buffer Zone Landscaping" shall apply to all lot
lines adjoining subject property. Currently, Buffer Zone Landscaping is
only required along the lot line bordering PPIN 109947 due to its R-4 Low
Density Multi-Family residential zoning. Adjoining properties affected by
this condition of approval include:
1. PPIN 13818 (west)
11. PPIN 24268 (north)
111. PPIN 27184 (northeast)
1v. PPIN 24269 (northeast)
v. PPIN 2500 (east)
3. The Utilities Director of Operations requests the water meters serving each unit be
placed on each side of the driveway respective to the unit, in lieu of both meters
located to one side of the driveway as shown on drawing C04.
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:
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a. 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. The landscape as-built drawings shall
be submitted at a time to be determined by the Building Official and
Development Services Manager when the initial Certificate of Occupancy
(CO) request appears to be imminent.
b. One copy of the as-built site/civil construction drawings as required by
Article IV, Section.D.J.b. (18) at a time to be determined by Building
Official and Development Services Manager when the initial Certificate of
Occupancy (CO) request appears to be imminent. Include the engineer's
certificate in a similar fashion to that of typical subdivision closeout
submittal.
c. One copy of the recorded stormwater Operations and Maintenance Plan
and Agreement in a similar fashion to that of a typical subdivision
closeout submittal.
Mr. Smith addressed the Commission saying there is no defined channel for the
stormwater but it is not required. He explained the design is following the natural flow of
the water and this project meets the requirements. He noted the design is using sheet flow
and reducing the outflow, is less dense than required, greenspace exceeds requirements,
and is not in favor of required landscaping. Mrs. Bryant questioned parking and
grading/drainage and Mr. Smith responded each unit has a garage plus a parking pad. He
explained there is drainage in the courtyard that flows to the pond and both areas are
designed as greenspace when dry. Mr. Smith added he studied the watershed to verify
this project would not be compounding the drainage issues in the area and found it will
actually reduce the overall drainage.
Mr. Turner opened the public hearing.
Ann Taylor Blauer of21312 N. Rolling Oaks -She provided pictures to the Commission
showing the existing drainage and runoff issues in the area. She noted S. Rolling Oaks
commonly floods and stated drainage is a major issue to the residents.
Dean Koch of 20401 County Road 49 -He noted concerns with flooding, drainage, and
wetlands. He stated he built up his property to keep the water off his property. He
requested a barrier wall to cut the visibility and noise from his property and requested the
trees be left along the property line.
Carolyn Byars of20971 Bishop Road-She stated she did not receive a notice and stated
concerns with traffic and drainage.
Having no one else present to speak, Mr. Turner closed the public hearing.
Mr. Smith addressed the public comments saying the trees along the northern border will
not be removed. Mr. Turner explained a fence is not require for this type of project. Mr.
Dyas asked about the traffic and Mr. Smith stated this area is county maintenance but he
will notify them of the concerns. Mr. Watson said ifthere are drainage facilities in the
public right-of-way then the applicants must us it. Mr. Smith stated it is not practical for
this site to drain to the right-of-way and Mr. Dyas said water doesn't flow uphill. Mrs.
Bryant suggested reducing the outflow by reusing it and Mr. Peterson stated this site is
not creating all the issues based on its size. Richard Johnson, Public Works Director,
addressed the Commission saying the design is compliant with the City's regulations. He
explained there are drainage issues in the area but the development of this site will not
solve them.
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Art Dyas made a motion to accept the staff recommendation to APPROVE with the
following conditions:
1. A landscape plan in compliance with ordinance # 1444 (including tree protection
details) shall be submitted as a component of the "for construction" drawings
prior to issuance of a land disturbance permit.
2. The Utilities Director of Operations requests the water meters serving each unit be
placed on each side of the driveway respective to the unit, in lieu of both meters
located to one side of the driveway as shown on drawing C04.
3. 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:
a. 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. The landscape as-built drawings shall
be submitted at a time to be determined by the Building Official and
Development Services Manager when the initial Certificate of Occupancy
(CO) request appears to be imminent.
b. One copy of the as-built site/civil construction drawings as required by
Article IV, Section.D.1.b.(18) at a time to be determined by Building
Official and Development Services Manager when the initial Certificate of
Occupancy (CO) request appears to be imminent. Include the engineer's
certificate in a similar fashion to that of typical subdivision closeout
submittal.
c. One copy of the recorded storm water Operations and Maintenance Plan
and Agreement in a similar fashion to that of a typical subdivision
closeout submittal.
4. Drainage shall not be required to be directed to the public right-of-way due to
adverse effects it may cause.
Hollie MacKellar 2nd the motion and the motion carried with the following vote: A YE -
Art Dyas, Harry Kohler, Lee Turner, Hollie MacKellar, Richard Peterson, Clarice Hall-
Black, and Robert Brown. NAY -none. ABSTENTION -Rebecca Bryant.
ZC 19.17 Public hearing to consider the request of the City of Fairhope Planning
and Zoning Department for amendments to the Zoning Ordinance regarding Lot
Coverage, Non-Conforming Structures, Driveways, and Master Development Plans
for PUDs, Hunter Simmons. Mr. Simmons gave the staff report saying there a several
areas in the Zoning Ordinance that need to be cleaned up. He noted miscellaneous
corrections of spelling and grammar and said additional edits are to clarify the regulations
and incorporate existing memorandums. Staff recommendation is to APPROVE the
following amendments:
1. All Articles: Miscellaneous corrections of spelling and grammar.
2. Article II, Section A.3 Director of Planning: Amendment to remove references to
building permits and clarify Director of Planning as the person(s) responsible for
implementation of the zoning ordinance.
3. Article III, Section C.1 Dimension Standards: Amend language in Table 3-2 to
include all structures in maximum lot coverage, clarify side setbacks where
driveways exists, and add minimum separation between structures.
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4. Article IV, Section B.5 Fencing: Amendment to include walls.
5. Article V, Section A. PUD-Planned Unit Development: Amendment to clarify
intent and permitted uses, introduce the requirement of a master development
plan, clarify the review/application process, and introduce an expiration when not
developed after a certain period.
6. Article VII, Section B. l Non-Conforming Structures: Amendment to disallowed
expansion of non-conforming structures.
Mrs. Bryant asked if the non-conforming structures can be added to at all and Mr.
Simmons explained the amendment would only prevent the non-conformity to be
expanded. Mr. Dyas said the wording needs to be clarified. Mrs. MacKellar questioned
why PUDs are not built as approved and Mr. Simmons said this amendment will require a
master development plan which will govern the development to help make sure they are
built as approved. Mrs. MacKellar said an expiration is needed for PUDs.
Rebecca Bryant made a motion to accept the staff recommendation APPROVE the
following amendments:
1. All Articles: Miscellaneous corrections of spelling and grammar.
2. Article II, Section A.3 Director of Planning: Amendment to remove references to
building permits and clarify Director of Planning as the person(s) responsible for
implementation of the zoning ordinance.
3. Article III, Section C. l Dimension Standards: Amend language in Table 3-2 to
include all structures in maximum lot coverage, clarify side setbacks where
driveways exists, and add minimum separation between structures.
4. Article IV, Section B.5 Fencing: Amendment to include walls.
Robert Brown 2nd the motion and the motion carried with the following vote: A YE -Art
Dyas, Rebecca Bryant, Harry Kohler, Lee Turner, Hollie MacKellar, Richard Peterson,
Clarice Hall-Black, and Robert Brown. NAY none.
Case number IR 19.08 Higbee Crossing has been withdrawn by the applicant.
Old/New Business
ZC 19.08 Greeno Road Corridor (GRC) Overlay Districts, Hunter Simmons -Mr.
Simmons said staff is requesting the City Council extend the moratorium at their next
meeting.
Multiple Occupancy Project discussion, Buford King-Mr. King explained staff will
be proposing an amendment to create preliminary and final procedures for multiple
occupancy projects.
Election of Officers, Emily Boyett -Art Dyas made a motion to reappoint Lee Turner
as Chairman, Rebecca Bryant as Vice-Chair, and Emily Boyett as Secretary. Richard
Peterson 2nd the motion and the motion carried with the following vote: A YE -Art Dyas,
Rebecca Bryant, Harry Kohler, Lee Turner, Hollie MacKellar, Richard Peterson, Clarice
Hall-Black, and Robert Brown. NAY -none.
2021 Agenda Schedule and Deadlines, Emily Boyett -Art Dyas made a motion to
approve the 2021 agenda schedule and deadlines with one change for the November
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submittal deadline to be moved from the 26 th to the 22 nd . Hollie MacKellar 2nd the motion
and the motion carried with the following vote: A YE -Art Dyas, Rebecca Bryant, Harry
Kohler, Lee Turner, Hollie MacKellar, Richard Peterson, Clarice Hall-Black, and Robert
Brown. NAY -none.
Having no further business, Art Dyas made a motion to adjourn. The meeting was
adjourned at 7:10 PM.
Lee Turner, Chairman
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