HomeMy WebLinkAbout02-03-2020 Planning Commission MinutesFebruary 3, 2020
Planning Commission Minutes
The Planning Commission met Monday, February 3, 2020 at 5:00 PM at the City
Municipal Complex, 161 N. Section Street in the Council Chambers.
Present: Lee Turner, Chairperson; Art Dyas; 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: Rebecca Bryant and Harry Kohler
Chairman Turner called the meeting to order at 5 :04 PM and announced the meeting is
being recorded.
Mr. Turner announced agenda items D. and E. will be heard first.
UR 20.01 Request of Mediacom for an 11.52.11 Utility Review and approval of the
proposed underground installation of approximately 1,106 linear foot of fiber optic
cable and CATV cable. The project will run along Morphy A venue from Edington
Street east to Hollow Haven Street. Mrs. Walley gave the staff report saying the
applicant proposes utilizing directional boring. No open trenches shall be allowed. Staff
recommendation is to APPROVE with the following conditions:
1. Submission of plans and profiles ( drawn to scale) verifying the new conduit has
the required 36" separation prior to the issuance of a Right-of-Way permit; and
2. Consultation with the City's horticulturist, Paul Merchant, to determine the
required depth of bore so that no trees are impacted by the project, and reflect this
depth on the plans and profiles.
Mr. Dyas asked if performance deposits are required to cover expenses if there is damage
to city utilities and Mr. Peterson responded no, if there is damage the contractor is billed
for the cost of the repair.
Richard Peterson made a motion to accept the staff recommendation to APPROVE with
the following conditions:
1. Submission of plans and profiles ( drawn to scale) verifying the new conduit has
the required 36" separation prior to the issuance of a Right-of-Way permit; and
2. Consultation with the City's horticulturist, Paul Merchant, to determine the
required depth of bore so that no trees are impacted by the project, and reflect this
depth on the plans and profiles.
Art Dyas 2nd the motion and the motion carried unanimously with the following vote:
A YE -Art Dyas, Lee Turner, Hollie MacKellar, Richard Peterson, Clarice Hall-Black,
and Kevin Boone. NAY -none.
UR 20.02 Request of Southern Light, LLC for an 11.52.11 Utility Review and
approval of the proposed underground installation of approximately 991 linear foot
of fiber optic cable. The project will run along Morphy A venue, Young Street, and
Homs Lane. Ms. Davis gave the staff report saying the applicant proposes utilizing
directional boring. No open trenches shall be allowed. Staff recommendation is to
APPROVE with the following conditions:
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Planning Commission Minutes
1. The applicant shall follow the general comments related to utility work, as stated
in the staff report.
2. Applicant and applicant's contractor shall follow the Right-of-Way Installation
and Permitting and Work Procedures document provided by the Building
Official.
Mr. Boone asked how As-Builts are provided for this type of job and Mr. King stated he
would have to confer with the Building Department for an answer.
Richard Peterson 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
in the staff report.
2. Applicant and applicant's contractor shall follow the Right-of-Way Installation
and Permitting and Work Procedures document provided by the Building
Official.
Art Dyas 2nd the motion and the motion carried unanimously with the following vote:
A YE -Art Dyas, Lee Turner, Hollie MacKellar, Richard Peterson, Clarice Hall-Black,
and Kevin Boone. NAY -none.
SD 20.04 Public hearing to consider the request of Wise Properties TN, LLC for plat
approval of Bancroft and Pine Subdivision, a 2-lot minor division, Larry Smith.
The property is approximately .4 acres and is located at the northeast corner of the
intersection of Bancroft Street and Pine Street. Mr. Jeffries gave the staff report saying
the property is zoned B-4 Business and Professional District and is also located in the
Central Business District (CBD). He noted the existing building on proposed Lot 2 will
be located within 5' of the new property line and will need to meet fire rating and
building code. Staff recommendation is to APPROVE with the following conditions:
1. The building on proposed Lot 2 shall meet the fire rating and all current building
codes.
2. Add signature block for Fairhope Gas.
3. Amend the first note with one asterisk under Building Setbacks to read as follows:
"Non-Residential buildings in the CBD shall be built at the right-of-way line,
unless a courtyard, plaza or other public open space is proposed."
Larry Smith addressed the Commission saying the plat has been revised to move the lot
line further from the existing building to bring it into conformance.
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 conditions:
1. The building on proposed Lot 2 shall meet the fire rating and all current building
codes.
2. Add signature block for Fairhope Gas.
3. Amend the first note with one asterisk under Building Setbacks to read as follows:
"Non-Residential buildings in the CBD shall be built at the right-of-way line,
unless a courtyard, plaza or other public open space is proposed."
Hollie MacKellar 2nd the motion and the motion carried unanimously with the following
vote: AYE-Art Dyas, Lee Turner, Hollie MacKellar, Richard Peterson, Clarice Hall-
Black, and Kevin Boone. NAY -none.
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SD 20.05 Public hearing to consider the request of Provision Investments, LLC for
Multiple Occupancy Project approval of Thompson Hall Quadplexes, a 16-unit
development, Larry Smith. The project approximately 1.98 acres and is located at the
northeast comer of the intersection of County Road 44 and Thompson Hall Road. Mr.
King gave the staff report saying the property is unzoned in Baldwin County but falls
within Fairhope's Extraterritorial Jurisdiction. He noted concerns with the proposed
design regarding greenspace. Staff recommendation is to TABLE to allow greenspace
revisions as described in the staff report.
Larry Smith addressed the Commission saying the County's highway construction
setback took a half acre of the subject property because County Road 44 is designated as
a "collector." He stated he disagrees with staff regarding what can be counted and
calculated as greenspace. Mr. Turner asked how the proposed design meets the spirit of
the regulations and provide a play area for future residents of this development and Mr.
Smith stated the proposed grass swale is 6" and 20' long and two-thirds of the property is
landscaped. Mr. Dyas asked if the swale is calculated in the drainage and Mr. Smith
responded no. Mr. Smith asked for clarification as to the way greenspace is to be
calculated. Mrs. MacKellar stated she wants to be consistent in how the calculations are
done and said more review is needed. Mr. Turner suggested holding the case over until
the March meeting to allow clarification. Mr. Smith requested to hold the case over to
the March meeting.
SD 20.08 Public hearing to consider the request of 24 7 Development Partners of
Alabama, LLC for Preliminary plat approval of Summer Lane, a 15-lot subdivision,
Casey Hill. The property is approximately 5 .22 acres and is located at the east terminus
of Summer Lane and on the west side of S. Section Street. Mr. Jeffries gave the staff
report saying the property is zoned PUD (Planned Unit Development) and has an
approved site plan. Staff recommendation is to APPROVE with the following
conditions:
1. Add note on the plat to reflect fence restrictions per the approved PUD Ordinance
#1661.
2. Add lot coverage for principle structure and accessory structure per the approved
PUD Ordinance # 1661.
3. Add maximum building height per the approved PUD Ordinance # 1661.
4. Add minimum structure separation between primary and accessory structure per
the approved PUD Ordinance # 1661.
5. Add note that states "All lots shall be accessed from the rear alley."
6. Add Finished Floor Elevations to the plat for each lot.
Mr. Turner opened the public hearing.
Juanie Noland of 11 Pope Court-She stated concerns with the proximity of the alley to
her property.
Having no one else present to speak, Mr. Turner closed the public hearing.
Ms. Hill stated the alley is 15' from the property line at the closest point.
Art Dyas made a motion to accept the staff recommendation to APPROVE with the
following conditions:
I. Add note on the plat to reflect fence restrictions per the approved PUD Ordinance
#1661.
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2. Add lot coverage for principle structure and accessory structure per the approved
PUD Ordinance # 1661.
3. Add maximum building height per the approved PUD Ordinance # 1661.
4. Add minimum structure separation between primary and accessory structure per
the approved PUD Ordinance # 1661.
5. Add note that states "All lots shall be accessed from the rear alley."
6. Add Finished Floor Elevations to the plat for each lot.
Kevin Boone 2nd the motion and the motion carried unanimously with the following vote:
A YE -Art Dyas, Lee Turner, Hollie MacKellar, Richard Peterson, Clarice Hall-Black,
and Kevin Boone. NAY -none.
Old/New Business
2020 Agenda Schedule Amendment, Emily Boyett -Mrs. Boyett stated the November
meeting date needs to be rescheduled to Thursday, November 5th due to a conflict with
the City Council's Organizational meeting.
Art Dyas made a motion to move the November meeting date to Thursday, November 5,
2020.
Richard Peterson 2nd the motion and the motion carried unanimously with the following
vote: A YE -Art Dyas, Lee Turner, Hollie MacKellar, Richard Peterson, Clarice Hall-
Black, and Kevin Boone. NAY none.
Family Subdivisions, Buford King -Mr. King explained the city cannot use the term
"family" subdivision and staff is looking to possibly revise Article V, Section D.c. Rural
Subdivision to address the concerns with these subdivisions.
Incomplete Submittals, Buford King -Mr. King stated staff enforces the posted and
approved deadlines as well as the required documentation for submittals. He stated late
or incomplete submittals will not be accepted.
ZC 19.08 Greeno Road Corridor (GRC) Overlay District, Hunter Simmons -Mr.
Simmons explained the schedule of dates for the proposed amendment. Mr. Turner
announced the next public input meeting for the GRC Overlay District will be Tuesday,
February 18, 2020 at 5:00PM and will be a roundtable discussion. He said the location is
still to be determined but all legal notice requirements will be met.
Having no further business, Hollie MacKellar made a motion to adjourn. Art Dyas 2nd
the motion and the meeting was adjourned at 6:45 PM.
Lee Turner, Chairman
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