HomeMy WebLinkAbout03-02-2020 Planning Commission MinutesMarch 2, 2020
Planning Commission Minutes
The Planning Commission met Monday, March 2, 2020 at 5 :00 PM at the City Municipal
Complex, 161 N. Section Street in the Council Chambers.
Present: Lee Turner, Chairperson; Art Dyas; John Worsham, Hollie MacKellar; Clarice
Hall-Black; Richard Peterson; Kevin Boone, 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 :07 PM and announced the meeting is
being recorded.
Mr. Turner welcomed John Worsham to the Commission.
The minutes of the February 6, 2020 Planning Commission meeting were considered. Art
Dyas made a motion to accept the minutes as written. Hollie MacKellar 2nd the motion
and the motion carried unanimously with the following vote: A YE -Art Dyas, John
Worsham, Lee Turner, Hollie MacKellar, Richard Peterson, Clarice Hall-Black, and
Kevin Boone. NAY -none.
ZC 19.08 Public hearing to consider the request of the City of Fairhope Planning
and Zoning Department for a proposed amendment to Article V. Special Districts
and Uses in the Zoning Ordinance to establish a Greeno Road Corridor (GRC)
Overlay District, Hunter Simmons. Mr. Simmons gave the history of zoning for
Fairhope and gave an overview of the timeline for this amendment's process. He gave a
presentation of the proposed amendment. Staff recommendation is to APPROVE as
presented.
Mr. Turner opened the public hearing.
Cecil Christenberry of 212 Jeff Davis Street -He stated the business owners along the
corridor only became aware of this amendment 6 months ago. He said Greeno Road
already has strict regulations in place. He stated concerns with the tight timeline to
approve this and said people are still confused about what it is. He said the Barnwell
Landmark Historic District was started because of this Greeno Road Corridor.
Larry Stejskal of 60 N. Ingleside -He thanked staff for their time on this case and said it
is better today than a year ago, but it is still bad. He said there are already regulations in
place, and they are fine. He said this is a taking of property rights and it is wrong. He
asked the Commission to slow down on this or not take any action.
Having no one else to speak, Mr. Turner closed the public hearing.
Mr. Dyas explained this proposal will not change the underlying zoning and residential
properties are not affected. He said the concern is not how Fairhopians will develop
properties but how the out of town developers will. Mr. Turner said developers will meet
the regulations but not go over at all. Mr. Simmons stated planning is evolving and our
regulations need to evolve too.
Art Dyas made a motion to accept the staff recommendation to APPROVE as presented.
The motion failed for lack of a 2nd .
Kevin Boone made a motion to DENY the request.
I
March 2, 2020
Planning Commission Minutes
Clarice Hall-Black 2nd the motion and the motion carried with the following vote: A YE-
Kevin Boone, Clarice Hall-Black, Richard Peterson, Hollie MacKellar. NAY -Lee
Turner, Art Dyas. ABSTENTION -John Worsham.
ZC 20.02 Public hearing to consider the request of FST Linda Walker to rezone
property from RA Residential/ Agriculture District to R-1 Low Density Single
Family Residential District, Linda Walker. The property is approximately 7.9 acres
and is located on the south side of Morphy A venue between Bishop Road and County
Road 13, at 8800 Morphy Avenue. Mrs. Walley gave the staff report saying the applicant
has indicated a desire to subdivide her property to allow her daughter to build a home;
however, the property is not large enough to divide with the current zoning. Staff
recommendation is to APPROVE contingent upon the following condition:
1. Approval of a subdivision indicating a single-family residence on a single lot.
Linda Walker, applicant, addressed the Commission saying she wants to divide a single
lot off for her daughter to build a house.
Mr. Turner opened the public hearing.
Rob Brechman of 11160 Lawrence Road He stated concerns with drainage and noted
the property drains to the south.
Belinda Morgan of 8860 Morphy Avenue-She stated concerns with drainage.
Having no one else present to speak, Mr. Turner closed the public hearing.
Art Dyas made a motion to accept the staff recommendation to APPROVE contingent
upon the following condition:
I. Approval of a subdivision indicating a single-family residence on a single lot.
Clarice Hall-Black 2nd the motion and the motion carried with the following vote: AYE
Art Dyas, Lee Turner, Clarice Hall-Black, Richard Peterson, Hollie MacKellar, Kevin
Boone. NAY -none. ABSTENTION John Worsham.
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
multiple occupancy project, Larry Smith. The property is approximately 1.98 acres
and is located at the northeast comer of the intersection of County Road 44 ( a.k.a. Twin
Beech Road) and Thompson Hall Road. Mr. King gave the staff report saying the
property is unzoned in Baldwin County and 16 units are proposed. Staff recommendation
is to APPROVE subject to the following conditions:
1. Require final plat approval as contemplated by the revisions to Article IV Section
H. adopted by the City of Fairhope Planning Commission on January 6, 2020.
a. Subject application was submitted in advance of the afore-mentioned
Subdivision Regulations amendment, however in order to properly capture
the O&M agreement and various utility easements required for the site, final
plat is requested.
2. Provide verification from the Baldwin County Highway Department the location
of the proposed sewer lift station within the 75' Highway Construction setback is
acceptable.
a. Though Act 45-2-260 excludes sewer utility lines, septic tanks and
underground storage tanks within the 75' highway construction setback are
prohibited. The lift station wet well may not be allowable by Act 45-2-260.
2
March 2, 2020
Planning Commission Minutes
b. If acceptable, the lift station shall be reflected on the as-built drawings
submitted with the final plat as well as its location noted on the final plat.
3. Coordinate any streetlighting with the Fairhope Public Utilities electrical
superintendent and reflect the streetlighting on the "for construction" plans as
well as as-built drawings.
4. Sidewalks are not reflected on the submitted plat and plans for subject
development.
a. The Planning Commission may require sidewalks to be installed as a
condition of approval.
b. This condition of approval serves as a placeholder so that the Planning
Commission may take action if it desires.
5. Halt all land disturbance activities until a copy of the NPDES permit has been
submitted to the Building Official.
6. Memorialize for the purposes of this approval that the building height cannot
exceed 35'-0"
7. Submission of a revised landscape plan coordinated with the revised
construction/civil plans. Submission oflandscape plan shall precede submittal of
"for construction/permit" plans and shall be reviewed and approved by the City of
Fairhope Horticulturalist.
Mr. Dyas and Mr. Turner stated traffic concerns and possible widening for Twin Beech
Road. Richard Johnson, Public Works Director, explained it is hard to make
recommendations for ALDOT roads.
Mr. Turner opened the public hearing.
Todd Nesler of 19080 Thompson Hall Road -He asked the Commission not to grant a
waiver for greenspace. Mr. King stated the greenspace requirements have been met and
no waiver has been requested.
Having no one else present to speak, Mr. Turner closed the public hearing.
Mr. Turner stated sidewalks are needed.
Hollie MacKellar made a motion to accept the staff recommendation to APPROVE
subject to the following conditions:
1. Require final plat approval as contemplated by the revisions to Article IV Section
H. adopted by the City of Fairhope Planning Commission on January 6, 2020.
a. Subject application was submitted in advance of the afore-mentioned
Subdivision Regulations amendment, however in order to properly capture
the O&M agreement and various utility easements required for the site, final
plat is requested.
2. Provide verification from the Baldwin County Highway Department the location
of the proposed sewer lift station within the 75' Highway Construction setback is
acceptable.
a. Though Act 45-2-260 excludes sewer utility lines, septic tanks and
underground storage tanks within the 75' highway construction setback are
prohibited. The lift station wet well may not be allowable by Act 45-2-260.
b. If acceptable, the lift station shall be reflected on the as-built drawings
submitted with the final plat as well as its location noted on the final plat.
3. Coordinate any streetlighting with the Fairhope Public Utilities electrical
superintendent and reflect the streetlighting on the "for construction" plans as
well as as-built drawings.
3
! Ii u .
.
.
March 2, 2020
Planning Commission Minutes
4. Sidewalks shall be installed along County Road 44 (a.k.a. Twin Beech Road) and
Thompson Hall Road.
5. Halt all land disturbance activities until a copy of the NPDES permit has been
submitted to the Building Official.
6. Memorialize for the purposes of this approval that the building height cannot
exceed 35'-0"
7. Submission of a revised landscape plan coordinated with the revised
construction/civil plans. Submission of landscape plan shall precede submittal of
"for construction/permit" plans and shall be reviewed and approved by the City of
Fairhope Horticulturalist.
Art Dyas 2nd the motion and the motion carried with the following vote: A YE -Art Dyas,
Lee Turner, Clarice Hall-Black, Richard Peterson, Hollie MacKellar, Kevin Boone. NAY
-none. ABSTENTION -John Worsham.
SD 20.06 Public hearing to consider the request of Wayne and Sherry Mozley for
plat approval of Mozley Estate Farms, a 3-lot minor subdivision, Justin Palmer.
The property is approximately 10.3 acres and is located on the north side of Dominion
Drive just east of Mary Ann Beach Road. Mrs. Walley gave the staff report saying the
property is unzoned land in Baldwin County and 3 lots are proposed. The applicant is
requesting a waiver to Article VI, Section D. which states "sidewalks shall be installed on
all streets within the planning jurisdiction of the City of Fairhope." The applicant has
provided a letter stating that there are no sidewalks in the immediate vicinity. Staff
recommendation is to APPROVE with the following conditions:
1. Approval of the sidewalk waiver.
2. Illustration of the minimum front building setback on the final plat.
3. Flow model test should be stamped by a professional engineer.
4. Fire hydrant(s) should be illustrated on the site plan.
Mr. Palmer stated Baldwin County has already granted approval for the subdivision.
Mr. Turner opened the public hearing.
Daphne Crocker of 12538 Dominion Drive-She stated concerns with drainage and the
look of the new homes. Mr. Dyas explained the Commission has no control over the type
or look of the houses. He stated drainage issues will be handled by Baldwin County. Mr.
King added the property is unzoned and no improvements are proposed to require
drainage mitigation.
Charlie Crocker of 12538 Dominion Drive He noted noise concerns due to construction
and the use of the Dominion Farms facilities and roads.
Having no one else present to speak, Mr. Turner closed the public hearing.
Art Dyas made a motion to accept the staff recommendation to APPROVE with the
following conditions:
1. A sidewalk easement shall be added to the plat.
2. Illustration of the minimum front building setback on the final plat.
3. Flow model test should be stamped by a professional engineer.
4. Fire hydrant(s) should be illustrated on the site plan.
Richard Peterson 2nd the motion and the motion carried with the following vote: A YE -
Art Dyas, Lee Turner, Hollie MacKellar, Richard Peterson, Clarice Hall-Black, Kevin
Boone. NAY-none. ABSTAIN-John Worsham .
4
March 2, 2020
Planning Commission Minutes
SD 20.09 Public hearing to consider the request of BYC, LLC for plat approval of
NW Corner Hwy. 181 -Hwy. 104 Subdivision, a 2-lot minor division, Frank
Leathenvood. The property is approximately 56.69 acres and is located on the northeast
comer of the intersection of State Hwy. 181 and State Hwy. 104. Mrs. Walley gave the
staff report saying the property is unzoned in Baldwin County and 2 lots are proposed.
The applicant is also requesting waivers to sidewalks, flow model and fire hydrants,
wetland delineation, and wetland buffer requirements. The applicant contends all
requirements will be met at the time of development. Staff recommendation is to
APPROVE contingent upon the following conditions:
1. Approval of the sidewalk waiver request.
2. Approval of the flow model data waiver request.
3. Approval of the wetland delineation and wetlands buffer waiver request.
Mr. Turner opened the public hearing.
Beth Asher of 401 Sanctuary Cove -She asked if this will be the site of a new Publix.
Mr. Turner stated no development is proposed at this time, only to subdivide the property
into 2 lots.
Having no one else present to speak, Mr. Turner closed the public hearing.
Mrs. MacKellar asked if there is a timeframe for waivers and Mr. Watson suggested the
notes be recorded on the plat.
Richard Peterson made a motion to accept the staff recommendation to APPROVE
contingent upon the following conditions:
1. Approval of the sidewalk waiver request.
2. Approval of the flow model data waiver request.
3. Approval of the wetland delineation and wetlands buffer waiver request.
4. A note shall be added to the plat stating sidewalks, flow model and fire hydrants,
wetland delineation and wetland buffers shall be provided and/or installed at the
time of re-subdivision or building development.
Art Dyas 2nd the motion and the motion carried with the following vote: A YE -Art Dyas,
Lee Turner, Hollie MacKellar, Richard Peterson, Clarice Hall-Black, Kevin Boone. NAY
-none. ABSTAIN -John Worsham.
SD 20.10 Public hearing to consider the request of Joyce Hagle for plat approval of
Guthrie Estates, a 2-lot minor division, Seth Moore. The property is approximately
32.14 acres and is located on the northeast comer of the intersection of County Road 13
and County Road 32. Ms. Davis gave the staff report saying the property is unzoned in
Baldwin County and 2 lots are proposed. The applicant is also requesting a waiver for a
wetland delineation. Staff recommendation is to APPROVE contingent upon the
following conditions:
1. Revision of the plat to reflect the actual distance of 15 feet where the labeling of the
15 feet utility and drainage easements are located.
2. Planning Commission shall consider the applicant's request for a waiver of Article
VI Section C.1.b.18 of the subdivision regulations.
a. The applicant proposes a note on the plat stating "any further development
north of the 5 acre lot shall require a wetlands delineation by a certified
delineator" in lieu of delineating wetlands and indicating them on the plat.
Mr. Turner opened the public hearing. Having no one present to speak, he closed the
public hearing.
5
March 2, 2020
Planning Commission Minutes
Mr. Moore addressed the Commission saying the applicant would like to give 3 acres to
their daughter to build a house.
Art Dyas made a motion to accept the staff recommendation to APPROVE contingent
upon the following conditions:
1. Revision of the plat to reflect the actual distance of 15 feet where the labeling of the
15 feet utility and drainage easements are located.
2. Approval of the wetland delineation waiver of Article VI Section C.l.b.18 of the
subdivision regulations.
3. A note shall be added to the stating "Any further development north of the 5 acre
lot shall require a wetlands delineation by a certified delineator" in lieu of
delineating wetlands and indicating them on the plat.
Hollie MacKellar 2nd the motion and the motion carried with the following vote: A YE -
Art Dyas, Lee Turner, Hollie MacKellar, Richard Peterson, Clarice Hall-Black, Kevin
Boone. NAY-none. ABSTAIN-John Worsham.
SD 20.11 Public hearing to consider the request of Two Hands Design &
Development, LLC for preliminary plat approval of Hill Top Subdivision, Phase II,
an 8-lot division, Trey Jinright. The property is approximately 4.71 acres and is located
on the west side of S. Section Street and north of Hill Top Subdivision, Phase I. Mr.
Jeffries gave the staff report saying the property is unzoned in Baldwin County and 8 lots
are proposed. The applicant is also requesting a sidewalk waiver to allow construction of
the sidewalks in an easement and not the right-of-way. Staff recommendation is to
APPROVE contingent upon the following conditions:
1. Approval of sidewalk waiver to build the sidewalks in an easement and not the ROW.
2. Hill Top Subdivision, Phase I receives Final plat approval.
Mr. Turner opened the public hearing. Having no one present to speak, he closed the
public hearing.
Hollie MacKellar made a motion to accept the staff recommendation to APPROVE
contingent upon the following conditions:
1. Approval of sidewalk waiver to build the sidewalks in an easement and not the ROW.
2. Hill Top Subdivision, Phase I receives Final plat approval.
Art Dyas 2nd the motion and the motion carried with the following vote: A YE -Art Dyas,
Lee Turner, Hollie MacKellar, Richard Peterson, Clarice Hall-Black, Kevin Boone. NAY
-none. ABSTAIN -John Worsham.
SD 20.12 Public hearing to consider the request of The Retirement Systems of
Alabama for final plat approval of Battles Trace, Phase 6, a 45-lot subdivision, Tim
Lawley. The property is approximately 15.2 acres and is located on the west side of S.
Section Street approximately ½ mile north of Battles Road. Ms. Davis gave the staff
report saying the property is zoned TR (Tourist Resort) District and 45 lots are proposed.
Staff recommendation is to APPROVE contingent upon the following conditions:
1. Include the engineer's stamp adjacent to the engineer's certificate on the plat to be
recorded.
2. Article IV, Section.D .1. b.( 18) Submit a copy of the updated storm water
Operations and Maintenance Plan and Agreement (with recording stamp affixed)
with the engineer's certificate included on the cover when submitting the final
plat for signatures.
6
March 2, 2020
Planning Commission Minutes
a. The drainage system for Phase 6 will be integrated into the existing phases
and thus integrated into the existing O&M Plan and Agreement. As a
result, the O&M Plan and Agreement must be revised and re-recorded to
reflect the inclusion of the Phase 6 stormwater system.
3. Article V, Section D.3.f. Provide a copy of the paid invoice to Riviera Utilities
for the aid-to-construction cost of the streetlights in Phase 6.
4. Article VI, Section G. and H: Completion of any and all punch list items
identified by staff prior to the application of final plat signatures.
Tim Lawley stated the streetlights are not a requirement for this development and Mr.
King confirmed.
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 contingent
upon the following conditions:
1. Include the engineer's stamp adjacent to the engineer's certificate on the plat to be
recorded.
2. Article IV, Section.D.l.b.(18) Submit a copy of the updated stormwater
Operations and Maintenance Plan and Agreement (with recording stamp affixed)
with the engineer's certificate included on the cover when submitting the final
plat for signatures.
a. The drainage system for Phase 6 will be integrated into the existing phases
and thus integrated into the existing O&M Plan and Agreement. As a
result, the O&M Plan and Agreement must be revised and re-recorded to
reflect the inclusion of the Phase 6 stormwater system.
3. Article VI, Section G. and H: Completion of any and all punch list items
identified by staff prior to the application of final plat signatures.
Richard Peterson 2nd the motion and the motion carried with the following vote: A YE -
Art Dyas, Lee Turner, Hollie MacKellar, Richard Peterson, Clarice Hall-Black, Kevin
Boone. NAY -none. ABSTAIN -John Worsham.
SD 20.13 Public hearing to consider the request of the Highlands at Fairhope
Village, LLC for preliminary and final plat approval of Highlands at Fairhope
Village Subdivision, a 24-lot division, Steve Pumphrey. The property is approximately
7.34 acres and is located on the north side of Fly Creek Avenue behind Publix Shopping
Center. Mr. King gave the staff report saying the property is zoned PUD (Planned Unit
Development) and 24 lots are proposed. Staff recommendation is to APPROVE
contingent upon the following conditions:
I. Article IV, Section C.1.b. (14) Reflect the Finished Floor Elevations (FFEs) on the
plat -FFEs may be included in a chart if sufficient space does not exist within
each unit for the additional text. Please cross-reference drawing C3B within the
construction plans included with case# SD 19.03 (MOP).
2. Article IV, Section C. J.b. (17) and Article IV, Section.D.1.b. (15) Include the
acreage of common areas and site density on the plat. The site density may reflect
the phase on which lots are requested by this application.
Mr. Turner opened the public hearing.
7
March 2, 2020
Planning Commission Minutes
Paul Ripp of22985 High Ridge Road He stated concerns with traffic and said a new
traffic study is needed. He said Parker Road belongs to the County and no mitigation has
been done since Publix was approved.
Having no one else present to speak, Mr. Turner closed the public hearing.
Richard Johnson, Public Works Director, addressed the Commission saying traffic
studies were completed in 2006 and 2016 along with improvements made by ALDOT.
He stated the County is pressing the City to accept the right-of-way and future
development will require traffic to be addressed.
Art Dyas made a motion to accept the staff recommendation to APPROVE contingent
upon the following conditions:
I. Article IV, Section C. J. b. (14) Reflect the Finished Floor Elevations (FFEs) on the
plat FFEs may be included in a chart if sufficient space does not exist within
each unit for the additional text. Please cross-reference drawing C3B within the
construction plans included with case# SD 19.03 (MOP).
2. Article IV, Section C.J.b.(17) and Article IV, Section.D.1.b.(15) Include the
acreage of common areas and site density on the plat. The site density may reflect
the phase on which lots are requested by this application.
Richard Peterson 2nd the motion and the motion carried with the following vote: A YE -
Art Dyas, Lee Turner, Richard Peterson, Kevin Boone. NAY -Hollie MacKellar, Clarice
Hall-Black. ABSTENTION John Worsham.
SR 20.01 Request of Wise Properties, LLC for Site Plan approval of Pier Street
Marketplace, a 4-unit project, Larry Smith. The property is approximately .20 acres
and is located on the northeast comer of the intersection of Pier Avenue and S. Mobile
Street, at 15 Pier A venue. Mr. Simmons gave the staff report saying the property is zoned
B-3b Tourist Resort Commercial Service District and 4 units are proposed. The site plan
is in conformance with the approved multiple occupancy project for the site. Staff
recommendation is to APPROVE contingent upon the following conditions:
I. Revised plat that illustrates a sidewalk easement for those parts of the sidewalk
extending onto private property.
2. The existing sign shall not be internally illuminated.
Hollie MacKellar made a motion to accept the staff recommendation to APPROVE
contingent upon the following conditions:
I. Revised plat that illustrates a sidewalk easement for those parts of the sidewalk
extending onto private property.
2. The existing sign shall not be internally illuminated.
Clarice Hall-Black 2nd the motion and the motion carried with the following vote: A YE -
Art Dyas, Lee Turner, Hollie MacKellar, Richard Peterson, Clarice Hall-Black, Kevin
Boone. NAY-none. ABSTAIN-John Worsham.
Old/New Business
Agricultural and Rural Subdivisions, Buford King -Mr. King stated staff is looking
to amend the agricultural and rural subdivision sections of the Subdivision Regulations to
address issues with "family" subdivisions.
8
March 2, 2020
Planning Commission Minutes
Greenspace, Buford King -Mr. King explained there are inconsistencies within the
Subdivision Regulations regarding the use of "greenspace" versus "open space." He said
staff will be proposing an amendment to correct these inconsistencies.
Final Plats, Buford King -Mr. King stated final plat must be recorded within 60 days of
Planning Commission approval unless additional time is granted by the Commission.
By-laws and Procedures, Hunter Simmons -Mr. Simmons said he would like to
amend the by-laws to require new Commissioners receive their CAPZO certification. He
also said the Commission packets will be going digital because staff will be including the
complete file in the packet.
Having no further business, Art Dyas made a motion to adjourn. Kevin Boone 2nd the
motion and the meeting was adjourned at 8:29 PM.
Lee Turner, Chairman
9