Loading...
HomeMy WebLinkAbout12-02-2019 Planning Commission MinutesDecember 2, 2019 Planning Commission Minutes The Planning Commission met Monday, December 2, 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; Clarice Hall-Black; Richard Peterson; Robert Brown, Council Liaison; Buford King, Development Services Manager; Hunter Simmons, Planning and Zoning Manager; Mike Jeffries, Planner; Carla Davis, Planner; Samara Walley, Planner; Emily Boyett, Secretary; and Ken Watson, City Attorney Absent: none Chairman Turner called the meeting to order at 5:03 PM and announced the meeting is being recorded. 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, Scott Hutchinson. 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, to be known as Watershed West. Mr. Jeffries gave the staff report saying the applicant is proposing a IO-lot subdivision on the subject property is the request is approved. He noted the public hearing is still open from the November meeting. Staff recommendation is to APPROVE with the following conditions: 1. Subject property development zoned shall be labeled as low-rise residential zone. 2. Subject property use shall be limited to single-family residential use only. 3. Future development shall be in substantial conformance to the simultaneously submitted subdivision request SD 19.41 Watershed West, a IO-lot major subdivision. 4. This approval does not determine the applicability or property interpretation of any existing easements, covenants, restrictions or other private contact rights, and accordingly does not abrogate, limit, or impair any such existing easements, covenants, restrictions, or private contact rights which may impose greater restrictions than this approval, the Zoning Ordinance, the Subdivision Regulations, or other law. Mr. Turner stated the public hearing is still open. Virginia March of 18001 Woodland Drive -She stated when she purchased her lot, she was told the property would always be golf course. Tracy Frost of 18204 Woodland Drive-She said she is not anti-development but this is the wrong place for this development and it will ruin Point Clear. She stated concerns with noise, traffic, safety, and quality of life. Pat Achee of 365 Poviner Place -He stated the property is not contiguous to TR zoned property and Mr. Dyas explained it is not required to be contiguous for an amendment. Carol Sullivan of 513 Owls Nest Place -She stated the covenants do not allow this development on this property. She added the marina is no longer open to tourist and so the request does not meet the requirements. She also voiced safety concerns with traffic and the cart path and stated there has been no County approval for right-of-way access. Adam Miliam of 251 Galaxy Street He said this is not good golf course design and the history and intent of the property will be a factor in court. He explained the spirit of the 1 December 2, 2019 Planning Commission Minutes ordinance and the letters of the words have to be considered when reviewing a case like this and the TR District was to be a resort oriented development and this is not. Having no one else present to speak, Mr. Turner closed the public hearing. Scott Hutchinson of Goodwin, Mills, and Caywood, addressed the Commission saying they cannot uphold previous promises of past property owners regarding the property's use. He said the parcel was carved out 13 years ago for this development and is now being finalized. He stated there is still a marina as defined by the ordinance. Mr. Hutchinson explained the vehicle and cart safety concerns are no different is this situation than any other golf course. He noted RSA works with golf course professionals and all County and City requirements will be met. Mr. Dyas asked how restrictive covenants react with the TR District and Mr. Watson answered they do not prevent the City from enacting the Zoning Ordinance. He explained the law doesn't put the Planning Commission or City Council in a place to interpret the law. Mrs. Bryant stated the Commission is not required to or qualified to determine the restrictive covenants or interpret the law. Mr. Dyas said the County enacted zoning districts in 1991 and all unzoned districts could have been zoned but nobody wants anything done until something is being done in your backyard. He said if a request meets the requirements, then approve it and if you don't like the requirements, then change them. Mr. Turner said he agreed with Mr. Dyas but he added the applicant can still develop the site without being zoned. He said he does not favor this design with the golf course on both sides because there is no refuge from the course. Mr. Dyas said health, safety, and welfare is a concern and this development does not meet these. Mrs. Hall-Black said safety is a concern and this project feels forced and this is not the right location for it. Mr. Peterson stated property owners have the right to develop their property and if it meets the requirements then approve it and if you don't like what they want, then buy it. Mrs. Bryant asked if the property can be developed if it is in the County and Mr. Turner responded yes, but it can be denied ifthere is fear it is detrimental to the health, safety, and welfare of the community. Mr. Brown said this request is an abuse of the TR District and it is no benefit to the City. Mrs. Bryant noted this is a small development and the Commission sees much larger requests and she encouraged the community to get involved with projects even when they are not in your backyard. Hollie MacKellar made a motion to DENY the request due to concerns with health, safety, and welfare. Art Dyas 2nd the motion and the motion carried with the following vote: A YE -Art Dyas, Rebecca Bryant, Harry Kohler, Lee Turner, Hollie MacKellar, Clarice Hall-Black, and Robert Brown. NAY -Richard Peterson. SD 19.41 Public hearing to consider the request of the Retirement Systems of Alabama for Preliminary Plat approval of Watershed West, a 10-lot subdivision, Scott Hutchinson. Mr. Hutchinson requested to table the request. SD 19.42 Public hearing to consider the request of Glenn and Sally Boom for plat approval of Wildwood at Montrose, a 2-lot minor subdivision, Seth Moore. The property is located at the southwest comer of the intersection of Adams Street and Second Street. Mrs. Walley gave the staff report saying the property is approximately 1.18 acres and is zoned RSF-2 in Baldwin County Planning District 16. The applicant is also requesting a waiver to Article VI, Section D. Sidewalks and Article VI, Section G. 2 December 2, 20 I 9 Planning Commission Minutes Fire Hydrants. Staff recommendation is to TABLE (with the applicant's consent) to allow the applicant to submit the following: 1. Submission of plans and profiles of a fire hydrant within 450' of the subject property and resubmission of the application to reflect a major subdivision containing a preliminary plat approval request in lieu of concurrent preliminary and final plat approval; 2. Revision of the preliminary plat to reflect a 15' drainage and utilities easement along the western perimeter of Lot 1; and 3. Acceptance of the waiver request to allow sidewalk installation at the time of new construction, with this requirement to be reflected on the preliminary plat. Mr. Dyas asked which street sidewalks would be built on if required and Mrs. Walley responded both frontages would be required to have sidewalks. Mr. Dyas questioned why sidewalks are being required when there may never be sidewalks in the area and Mr. King explained sidewalks are a requirement and the Commission has utilized the pedestrian easement multiple times to accomplish satisfy requirement. Mr. Turner opened the public hearing. Having no one present to speak, Mr. Turner closed the public hearing. Mr. Moore addressed the Commission saying the lot sizes are 20,000 square foot. He said the utility easement is only 10' along the west side of Lot 1 to avoid the easement being in the footprint of the existing house. He agreed to adding the pedestrian easement. Mr. Moore explained the closest fire hydrant is at Main Street and Adams Street and to add another hydrant would cause detriment to the existing oak trees. He said Daphne Utilities has not put in any fire hydrants on the east side of Main Street and all the lines are small service lines. Mr. Turner said he is uncomfortable to divide the lot without a fire hydrant. He noted the ISO rating for the City is also affected by creating new lots without providing fire protection. Mr. Brown asked if this request was a family subdivision would these requirements be met and Mr. King responded yes. Mr. Moore requested the application be tabled. Art Dyas made a motion to TABLE the request at the request of the applicant. Rebecca Bryant 2nd the motion and the motion carried unanimously with the following vote: A YE -Art Dyas, Rebecca Bryant, Harry Kohler, Lee Turner, Hollie MacKellar, Clarice Hall- Black, Richard Peterson, and Robert Brown. NAY -none. SD 19.43 Public hearing to consider the request of 68V Tracery 2019, LLC for Final Plat approval of Tracery, a 43-lot subdivision, Steve Pumphrey. The property is located on the west side of Lawrence Road just north of Sky Lane. Mr. Jeffries gave the staff report saying the property is approximately 31.93 acres and is zoned R-2 Medium Density Single Family Residential District. Staff recommendation is to APPROVE with the following conditions: 1. Remaining items referenced in the comment section of the staff report are corrected to the satisfaction of Kim Burmeister or the Development Services Manager. 2. The warranty period of the sanitary sewer lift station shall not commence until start-initial start-up of the lift station and upon approval of the Water and Sewer Superintendent. Mr. Turner opened the public hearing. Having no one present to speak, he closed the public hearing. 3 December 2, 20 I 9 Planning Commission Minutes Mr. Turner stated the entrance does not have any landscaping and Mr. Jeffries explained the landscaping and street trees are covered by the bond. Mrs. Bryant asked if there is an enforcement mechanism to make sure the work is done and Mr. Jeffries responded staff will not sign the plat until everything is done. Richard Johnson, Public Works Director, stated bonding the trees is common because the trees would not survive during home construction, so they are usually put in when the homes are sold. Mr. Turner asked if the sidewalks will have to be constructed within 2 years and Mr. King said the regulations have never been changed. Mr. Johnson said the bond is only good for 24 months and then the sidewalks become the City's problem. Mrs. MacKellar said she hardly ever sees damaged sidewalks in neighborhoods but the ones along Scenic Hwy. 98 need repair. Mr. Johnson said Public Works is constantly repairing sidewalks so just report any to get on the list. Art Dyas made a motion to accept the staff recommendation to APPROVE with the following conditions: 1. Remaining items referenced in the comment section of the staff report are corrected to the satisfaction of Kim Burmeister or the Development Services Manager. 2. The warranty period of the sanitary sewer lift station shall not commence until start-initial start-up of the lift station and upon approval of the Water and Sewer Superintendent. Robert Brown 2nd the motion and the motion carried unanimously with the following vote: A YE -Art Dyas, Rebecca Bryant, Harry Kohler, Lee Turner, Hollie MacKellar, Clarice Hall-Black, Richard Peterson, and Robert Brown. NAY -none. SD 19.44 Public hearing to consider the request of Firethorne Development, LLC for Final plat approval of Phase 5 of Greenbriar at Firethorne, a 30-Iot subdivision, Steve Pumphrey. The property is located on the west side of Quail Creek, The Villas. Mr. King gave the staff report saying the property is approximately 13.9 acres and is zoned PUD (Planned Unit Development). He stated this is the last phase of the development. Staff recommendation is to APPROVE with the following condition: I. Completion of punch list items shall be to the satisfaction of City of Fairhope staff prior to placing approval signatures on the final plat. 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 to APPROVE with the following condition: I. Completion of punch list items shall be to the satisfaction of City of Fairhope staff prior to placing approval signatures on the final plat. 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, Clarice Hall-Black, Richard Peterson, and Robert Brown. NAY -none. SD 19.45 Public hearing to consider the request of the City of Fairhope Planning and Zoning Department to accept Resolution 2019-02 for a proposed amendment to Article IV, Section H. Multiple Occupancy Projects in the Subdivision Regulations, Buford King. Mr. King gave the staff report saying the amendment will create a 4 December 2, 2019 Planning Commission Minutes preliminary and final plat process to provide a closeout process for multiple occupancy projects. Staff recommendation is to APPROVE as presented. Mr. Turner opened the public hearing. Larry Smith of S.E. Civil Engineering, LLC -He stated concerns with the time this amendment will add to small projects. Mr. King said a waiver could be requested for small projects and Mr. Smith responded he would like to see the waiver written into the regulation. Mr. Watson said it is very hard to write a regulation to cover every situation. Mr. Turner said a sentence can be added to clarify the requirement. Mr. King recommended tabling the request until the language is refined. Having no one else present to speak, Mr. Turner closed the public hearing. Robert Brown made a motion to TABLE the request. Richard Peterson 2nd the motion and the motion carried unanimously with the following vote: A YE -Art Dyas, Rebecca Bryant, Harry Kohler, Lee Turner, Hollie MacKellar, Clarice Hall-Black, Richard Peterson, and Robert Brown. NAY -none. 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 Non- Conforming Structures and Master Development Plans for PUD (Planned Unit Developments), Hunter Simmons. Mr. Simmons gave the staff report saying the proposed amendment for Article V, Section A. PUD-Planned Unit Development includes additional design criteria for review, required preapplication conferences, and an expiration of the site plan if construction has not begun. The proposed amendment to Article VII, Section B. Non-Conforming Structures is to restrict non-conforming structures from being expanded. Staff recommendation is to APPROVE as presented. Mr. Turner opened the public hearing. Having no one present to speak, he closed the public hearing. Mr. Dyas asked why PUDs would revert to R-A Residential/Agriculture zoning upon the expiration of the approval and Mr. King explained R-A is a place holder zoning as written in the Zoning Ordinance. Mr. Peterson asked if the amendment can be used for existing PUDs and Mr. Watson responded no. Mr. Dyas asked how many undeveloped PUDs are currently approved and Mr. Simmons said he counted approximately 60 parcels. Mr. Simmons explained he would like to see PUDs come before the Commission conceptually the first time and then a second time once fully designed. Mr. Brown stated concerns with the 3 acre requirements for PUDs. Art Dyas made a motion to accept the staff recommendation to APPROVE as presented. 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, Clarice Hall-Black, Richard Peterson, and Robert Brown. NAY -none. Old/New Business SD 16.27 Request of Dewberry Engineers, Inc. for a 1-year extension of the Preliminary Plat approval of Fairhope Falls, Phase Three, Steve Pumphrey. Art Dyas made a motion to approve a I-year extension of the preliminary plat approval for SD 16.27 Fairhope Falls, Phase Three. Robert Brown 2nd the motion and the motion carried unanimously with the following vote: A YE -Art Dyas, Rebecca Bryant, Harry 5 December 2, 2019 Planning Commission Minutes Kohler, Lee Turner, Hollie MacKellar, Clarice Hall-Black, Richard Peterson and Robert Brown. NAY -none. SD 16.34 Request of Dewberry Engineers, Inc. for a 1-year extension of the Preliminary Plat approval of Old Battles Village, Phase Four, Steve Pumphrey. Art Dyas made a motion to approve a I-year extension of the preliminary plat approval for SD I6.34 Old Battles Village, Phase Four. Robert Brown 2nd the motion and the motion carried unanimously with the following vote: A YE -Art Dyas, Rebecca Bryant, Harry Kohler, Lee Turner, Hollie MacKellar, Clarice Hall-Black, Richard Peterson and Robert Brown. NAY -none. SD 16.37 Request of Dewberry Engineers, Inc. for a 1-year extension of the Preliminary Plat approval of The Verandas, Phase One, Steve Pumphrey. Art Dyas made a motion to approve a I-year extension of the preliminary plat approval for SD 16.37 The Verandas, Phase One. Robert Brown 2nd the motion and the motion carried unanimously with the following vote: A YE -Art Dyas, Rebecca Bryant, Harry Kohler, Lee Turner, Hollie MacKellar, Clarice Hall-Black, Richard Peterson and Robert Brown. NAY-none. SD 17.03 Request of Dewberry Engineers, Inc. for a 1-year extension of the Preliminary Plat approval of The Verandas, Phase Three, Steve Pumphrey. Art Dyas made a motion to approve a I-year extension of the preliminary plat approval for SD 17.03 The Verandas, Phase Three. Robert Brown 2nd the motion and the motion carried unanimously with the following vote: A YE -Art Dyas, Rebecca Bryant, Harry Kohler, Lee Turner, Hollie MacKellar, Clarice Hall-Black, Richard Peterson and Robert Brown. NAY -none. SD 18.25 Request of S.E. Civil Engineering, LLC for a 180-day extension of the plat approval of Garner Subdivision, Larry Smith. Art Dyas made a motion to approve a 180-day extension of the plat approval for SD 18.25 Gamer Subdivision. Robert Brown 2nd the motion and the motion carried unanimously with the following vote: A YE -Art Dyas, Rebecca Bryant, Harry Kohler, Lee Turner, Hollie MacKellar, Clarice Hall-Black, Richard Peterson and Robert Brown. NAY -none. ZC 19.08 Greeno Road Corridor (GRC) Overlay Districts, Hunter Simmons -Mr. Simmons said staff is requesting the City Council extend the moratorium at the December 23 rd meeting as requested by the citizens. Mrs. MacKellar asked if there has been much feedback from the citizens and Mr. Simmons responded there has been very little. Mr. Turner said there was a meeting in Barnwell and most of the concerns seem to be with existing regulations and drive-thru regulations. Mr. Dyas said the citizens are meeting and are not happy. He added they are only focusing on the negative aspects of the proposal. Mr. Simmons stated staff is making some changes to help simplify the ordinance. Mr. Turner suggested simplifying to a build-to line, drive-thrus, and parking. Mrs. Bryant said she would like to see bullet points showing the existing regulations versus the proposed. Mr. Simmons said there may need to be a special Commission meeting to get an amendment approved before the moratorium expires. 6 December 2, 2019 Planning Commission Minutes Family Subdivisions, Buford King -Mr. King said staff is working on an amendment to create a process for Family Subdivisions that would be similar to the County's requirements. Mr. Dyas said it should be a staff level approval. Mr. King said it would also restrict re-subdividing for one year. Having no further business, Robert Brown made a motion to adjourn. The meeting was adjourned at 8:31 PM. Lee Turner, Chairman etary 7