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Home My WebLink About06-01-2020 Planning Commission Meeting SynopsisKarin Wilson Mayor Council Members Kevin G. Boone Robert A. Brown Jack Burrell, ACMO Jimmy Conyers Jay Robinson Lisa A. Hanks, MMC City Clerk Deborah A. Smith, CPA City 1/'easurer 161 North Section Street P.O. Drawer 429 Fairhope, Alabama 36533 251-928-2136 251-928-6776 Fax www.fairhopeal.gov Pnnred on recycled paper 1. Call to Order 2. Approval of Minutes City of Fairhope Planning Commission Agenda 5:00 PM Council Chambers June 1, 2020 3. Consideration of Agenda Items: A. SD 20.18 Public hearing to consider the request of James Scopolites for plat approval of Gayfer Place, a 3-lot minor subdivision. The property is approximately 6.18 acres and is located on the northeast corner of the intersection of Gayfer Road Extension and Bishop Road. PPIN #: 43888 B. SD 20.24 Public hearing to consider the request of 68V Pay Dirt, LLC for Village Subdivision approval of Laurelbrooke Subdivision, a 178-lot division. The property is approximately 59.72 acres and is located on the east side of State Highway 181 approximately ½ mile north of County Road 24. PPIN #: 34129 C. SD 20.25 Public hearing to consider the request of CFP Housing, LLC for plat approval of Mars Hill Subdivision, a 3-lot minor division. The property is approximately 29.39 acres and is located on the east side of US Highway 98 and the north side of County Road 32. PPIN #: 235003 D. SD 20.26 Public hearing to consider the request of Roberds Brothers, LLC for plat approval of Roberds Brothers Subdivision, a 2-lot minor division. The property is approximately 1.62 acres and is located on the west side of State Highway 181 just south E. SD 20.27 of Hollowbrook Avenue at 21883 St. Hwy. 181. PPIN #: 346487 Public hearing to consider the request of Provision Investments, LLC for preliminary approval of Bishop Road MOP, a 7-unit multiple occupancy project. The property is approximately 1.08 acres and is located on the west side of Bishop Road just north of Gayfer Road. PPIN #: 383706 and 383707 F. IR 20.02 4. Old/New Business Request of Tammy Barber, on behalf of Barbara Childress, for an Informal Review of a proposed 3-lot subdivision. The property is approximately 16 acres and is located on the north side of County Road 11 between Lyter Lane and Keller Road. PPIN #: 19751 • SD 18.39 Fox Hollow, Phase 3 -Request for 2-year extension of preliminary plat approval • Subdivision Regulation Amendment Discussion • Zoning Ordinance Amendment Discussion 5. Adjourn Call to Order Lee Turner called the meeting to order at 5:07PM. He explained the procedures of the meeting and took a roll call. Roll Call Art Dyas (AD) – Present Rebecca Bryant (RB) – Present Harry Kohler (HK) – Present John Worsham (JW) – Present Lee Turner (LT) – Present Hollie MacKellar (HM) – Present Richard Peterson (RP) – Present Clarice Hall-Black (CHB) – Present Kevin Boone (KB) – Present Approval of Minutes The minutes of the May 4, 2020 Planning Commission meeting were considered. Mr. Dyas noted his motion for case SD 19.41 was not verbalized in the previous meeting and he clarified his motion for denial was due to the health, safety, and welfare of the community. Motion: Art Dyas made a motion to accept the minutes as corrected. 2nd: John Worsham 2nd the motion and the motion carried unanimously with the following vote: Vote: AD – Aye RB – Aye HK – Aye JW – Aye LT – Aye HM – Aye RP – Aye CHB – Aye KB – Aye SD 20.18 Gayfer Place Minor Subdivision Property Owner /Applicant: James Scopolites General Location: The property is located on the northeast corner of the intersection of Gayfer Road Extension and Bishop Road Project Type: Minor Subdivision inside Fairhope’s ETJ Number of lots: 3 Zoning District: Unzoned Baldwin County Parent Parcel PPIN Number: 43888 Surveyor of record: Moore Surveying, Inc School District: Fairhope Elementary, Intermediate, Middle, and High Schools Report prepared by: Samara Walley, City Planner Comments: It should be noted that this application was heard at the May 4, 2020 Planning Commission meeting. The Commission tabled the application due to concerns regarding the configuration of the lots, proximity to a fire hydrant, and construction of sidewalks. Waivers: Article VI Section D. - Sidewalks Article VI, Section G. - Fire Hydrants Recommendation: Staff recommends DENIAL of SD 20.18 based upon non-conformance with the subdivision regulations. If it is the pleasure of the Planning Commission to APPROVE case number SD 20.18, staff presents to the Planning Commission three (3) possible approval scenarios it may wish to consider: 1. Acceptance of the requested fire hydrant and sidewalk waivers as requested and approval of the minor subdivision as a concurrent preliminary and final plat approval. a. The Planning Commission may wish to rule upon Article V.B.2.e regarding health, safety, welfare, or property. 2. Non-acceptance of one or more of the requested waivers, and approval of case number SD 20.18 as a preliminary plat in lieu of a concurrent preliminary/final plat as is typical of a minor subdivision. a. The applicant will have two years to install the necessary improvements, appear before the Planning Commission for a final plat request, and recording of a final plat. b. If case number SD 20.18 is approved using approval option “2”, the applicant may wish to contact the City of Fairhope Public Works Department to determine if the sidewalks may be installed by the City utilizing an aid-to-construction fee. 3. Partial acceptance of the fire hydrant and sidewalk waivers and approval of case number SD 20.18 as a minor subdivision with the following conditions to be noted on the plat: a. Sidewalks and a fire hydrant must be installed on the proposed lot “2” ROW at the time of any vertical construction activities and shall be a condition of receiving final occupancy approval. b. Sidewalks must be installed on the proposed Lot 1 and Lot 2 ROW at the time of any new vertical construction or class 3 renovation of existing structures on proposed Lot 1 and Lot 2, and installation of sidewalks shall be a condition of receiving final occupancy approval. c. A signature block for the City of Fairhope Building Official shall be included on the plat. Seth Moore was present on behalf of the applicant. Motion: John Worsham made a motion to accept the staff recommendation option number 3 for partial acceptance of the fire hydrant and sidewalk waivers and approval of case number SD 20.18 as a minor subdivision with the following conditions to be noted on the plat: a. Sidewalks and a fire hydrant must be installed on the proposed lot “2” ROW at the time of any vertical construction activities and shall be a condition of receiving final occupancy approval. b. Sidewalks must be installed on the proposed Lot 1 and Lot 2 ROW at the time of any new vertical construction or class 3 renovation of existing structures on proposed Lot 1 and Lot 2, and installation of sidewalks shall be a condition of receiving final occupancy approval. c. A signature block for the City of Fairhope Building Official shall be included on the plat. 2nd: Art Dyas 2nd the motion and the motion carried with the following vote: Vote: AD – Aye RB – Nay HK – Aye JW – Aye LT – Aye HM – Aye RP – Nay CHB – Aye KB – Aye SD 20.24 Laurelbrooke Subdivision a Village Subdivision Property Owner: Joanne L Pizzotti Applicant: 68V Pay Dirt, LLC General Location: The East side of State Highway 181 approxamently ½ mile north of County Road 24 Project Type: Village Subdivision Number of lots: 176 Zoning District: Unzoned Baldwin County within County Planning District Parent Parcel PPIN Number: 34129 Engineer of record: Dewberry School District: Larry Newton Elementary, Fairhope Middle, and High Schools Report prepared by: Carla Davis Recommendation: Denial Comments: The property is located on the east side of State Highway 181 approximately ½ mile north of County Road 24 and is within the City’s (ETJ) extraterritorial jurisdiction. The applicant is proposing 176 single family lots on 59.72 acres with one main entrance along Highway 181, and a 30’ ingress/egress easement to serve as an emergency vehicle only road. The initial Phase One is planned to start construction in January 2021. Phase Two of construction is scheduled for June 2022, and Phase Three is anticipated to start approximately January 2024; with all the above dates subject to change dependent upon the market. Staff conducted a density analysis and it determined that if the lots were developed to normal subdivision standards the density rate would be 1.47 units per acre however the applicant is requesting 2.95 units per acre. Based on the current subdivision standards 100 units can successfully fit on the 59.72 acres of property to be developed; however; the applicant wishes to construct 176 units. The purpose of the Village Subdivisions are to provide an alternative to the standard subdivision regulations and encourage imaginative design, planning, and environmental sensitivity. As presented, the plan does not appear to depict “imaginative design” nor does it display innovative design standards with the current layout of the site. As proposed, the plat greatly exceeds the density for this area. The current plat does not depict a vast range of lot sizes nor does it incorporate a variety of amenities considering the amount of units proposed. Recommendation: Staff recommends denial of case SD. 20.24 Laurelbrooke Village Subdivision due to the fact it creates a higher-density development that is not appropriate in an area that is essentially undeveloped; however staff does not object to tabling the request to a future meeting to allow revisions by the applicant. Steve Pumphrey of Dewberry Engineers, Inc. was present on behalf of the applicant. Public Hearing: No one was present to speak on the subject case. Emily Boyett stated two letters of support and one letter of opposition have been received from adjacent property owners. Motion: Art Dyas made a motion to accept the staff recommendation to deny the request due to the higher density and the single point of ingress/egress for the development. 2nd: Harry Kohler 2nd the motion and the motion carried unanimously with the following vote: Vote: AD – Aye RB – Aye HK – Aye JW – Aye LT – Aye HM – Aye RP – Aye CHB – Aye KB – Aye SD 20.25 Mars Hill Subdivision Property Owner /Applicant: CFP Housing, LLC – Curtis F. Pilot General Location: Northeast intersection of CR32 and US HWY 98 (Greeno Road) Number of lots: Lot 1 – 5.35 acres +/- Lot 2 – 15.38 acres +/- Lot 3 – 6.57 acres +/- Zoning District: Unzoned Baldwin County within County Planning District 17 Parent Parcel PPIN Number: 235003 Engineer of record: Jason Estes, PE Surveyor of Record: Victor Germain, PLS School District: Fairhope Elementary, Intermediate, Middle, and High Schools Report prepared by: J. Buford King, Development Services Manager Comments: A private ROW to be named “Mars Hill Lane” is requested as a component of the subdivision request. No development activities are known at this time above and beyond the creation of requested lots via minor subdivision. Recommendation: DENIAL of case number SD 20.25 for the following reasons: 1. Proposed Lot 1 fails to comply with Article V, Section E.3.a. Lot Standards – Lot Access a. Proposed Lot 1 does not front upon a paved, publicly-maintained street b. A wavier from this requirement has been requested 2. Proposed “Mars Hill Lane” fails to comply with Article V, Section E.3 Lot Standards or with Article IV, Section C.1.c. Street Plan Requirements a. As proposed, Mars Hill Lane meets the standards of neither a “lot” nor a right-of- way (ROW). b. A wavier from this requirement has been requested to allow the private ROW to be platted as submitted. 3. No sidewalks are contemplated by the application as required by Article VI, Section D. Construction Standards-Sidewalks a. Staff does not necessarily object to a request for a partial sidewalk waiver as the ROWs on which the property fronts are more than one road mile from the nearest sidewalk and a pedestrian/sidewalk easement could be placed upon the plat. b. A wavier from all sidewalk requirements was submitted. Staff does not object to tabling the application to a future planning commission meeting to allow further study. If it is the pleasure of the Planning Commission to APPROVE case number SD 20.25, staff requests the following conditions of approval: 1. A preliminary plat is granted in lieu of the concurrent preliminary/final plat approval typically granted to requesters of a minor subdivision. a. The purpose of the preliminary plat approval is to allow the necessary improvements to Mars Hill Lane to attain a public ROW standard. b. If required by the Planning Commission in lieu of granting a wavier, installation of sidewalks along Greeno Road and CR32. 2. Preparation and submission of a Stormwater Operations Maintenance Plan and Agreement for the existing stormwater system on subject property. 3. The Planning Commission may wish to make a ruling on Article V.B.2.e. regarding health, safety, welfare, or property. Condition “3” serves as a placeholder if that ruling is desired. Steve Pumphrey of Dewberry Engineers, Inc. was present on behalf of the applicant. Motion: Art Dyas made a motion to table at the request of the applicant’s representative. 2nd: John Worsham 2nd the motion and the motion carried unanimously with the following vote: Vote: AD – Aye RB – Aye HK – Aye JW – Aye LT – Aye HM – Aye RP – Aye CHB – Aye KB – Aye SD 20.26 Roberds Subdivision Property Owner /Applicant: Roberds Bros., LLC General Location: 1,000 ft south of AL HWY 104 / AL HWY 181 Intersection fronting on the west side of AL HWY 181 Project Type: Minor Subdivision Number of lots: Lot 1 – 1.24 acres +/- Lot 2 – 0.35 acres +/- Zoning District: Unzoned Baldwin County within County Planning District 17 Parent Parcel PPIN Number: 346487 Engineer of record: Larry Smith, PE Surveyor of Record: David Diehl, PLS School District: Fairhope Elementary, Intermediate, Middle, and High Schools Report prepared by: J. Buford King, Development Services Manager Comments: Subject property is the location of a Multiple Occupancy Project (MOP) that was approved April 1, 2019 via case number SD 19.16 and this minor subdivision case seeks to maintain the MOP approval concurrent with the creation of two new lots. Recommendation: Staff recommends APPROVAL of Case # SD 20.26 subject to the conditions below: 1) Prior-approved Multiple Occupancy Project (MOP) via case number SD 19.16 is preserved and memorialized by this condition of approval with the following requirements: a. Lot 1 is limited to eight (8) units b. Lot 2 is limited to one (1) unit c. The addition of any new units will require a new MOP application 2) Memorialize condition of approval #1 from case SD 19.16 will be satisfied by the following follow-up tasks by the applicant also related to subject application: a. Submission of a flow model test of the new 12” water main more fully-described in case SD 19.16. b. The 12” main is not yet in service but should be more than adequate pressure and flow to serve subject property c. The Planning Commission may wish to rule on Article V Section B.2.e. as this is a health, safety, welfare, and property issue. A private fire hydrant serving the property was included in the utility drawings included with case number SD 19.16. 3) Memorialize condition of approval #4 from case SD 19.16 will be satisfied by the following follow-up tasks by the applicant also related to subject application: a. Record the Stormwater Operations and Maintenance Plan and Agreement once the slide number of the recorded plat is identified. b. Furnish the instrument number of the recorded O&M Plan and Agreement to staff once recorded. 4) Condition of approval #5 from case SD 19.16 has been fulfilled as follows: a. Greenspace has been amended to reflect 0.13 acres (outside the highway construction setback) along the property’s frontage along HWY 181 on Lot 1 b. 0.07 acres greenspace is reflected on the plat on the west side of lot 2 c. Total of 0.2 acres total greenspace is reflected on the plat, satisfying the 10% total greenspace requirement for the MOP and applies 10% greenspace to each lot within the existing MOP. 5) Planning Commission Consideration of the waiver request that Lot 2 not be required to front upon a paved, publicly-maintained street. a. Staff does not object to the waiver because future subdivision of proposed Lot 2 appears highly unlikely without complete redevelopment of subject property. Proposed lot 2 will be accessed via a common access easement shown on the plat. Subject property has undergone an engineered development process through the MOP case, including drainage. 6) Planning Commission Consideration of the waiver request from furnishing sidewalks along the HWY 181 frontage. a. Staff does not object to the waiver because sidewalks were not required by the Planning Commission when MOP case number SD 19.16 was considered. b. Further, the nearest sidewalk along the HWY 181 ROW is greater than one road mile from subject property. 7) Reflection of any notes on the plat as required by Baldwin County. Larry Smith of S.E. Civil Engineering, LLC was present on behalf of the applicant. Public Hearing: No one was present to speak on the subject case. Motion: John Worsham made a motion to accept the staff recommendation of APPROVAL of Case # SD 20.26 subject to the conditions below: 1) Prior-approved Multiple Occupancy Project (MOP) via case number SD 19.16 is preserved and memorialized by this condition of approval with the following requirements: a. Lot 1 is limited to eight (8) units b. Lot 2 is limited to one (1) unit c. The addition of any new units will require a new MOP application 2) Memorialize condition of approval #1 from case SD 19.16 will be satisfied by the following follow-up tasks by the applicant also related to subject application: a. Submission of a flow model test of the new 12” water main more fully-described in case SD 19.16. b. The 12” main is not yet in service but should be more than adequate pressure and flow to serve subject property c. The Planning Commission may wish to rule on Article V Section B.2.e. as this is a health, safety, welfare, and property issue. A private fire hydrant serving the property was included in the utility drawings included with case number SD 19.16. 3) Memorialize condition of approval #4 from case SD 19.16 will be satisfied by the following follow-up tasks by the applicant also related to subject application: a. Record the Stormwater Operations and Maintenance Plan and Agreement once the slide number of the recorded plat is identified. b. Furnish the instrument number of the recorded O&M Plan and Agreement to staff once recorded. 4) Condition of approval #5 from case SD 19.16 has been fulfilled as follows: a. Greenspace has been amended to reflect 0.13 acres (outside the highway construction setback) along the property’s frontage along HWY 181 on Lot 1 b. 0.07 acres greenspace is reflected on the plat on the west side of lot 2 c. Total of 0.2 acres total greenspace is reflected on the plat, satisfying the 10% total greenspace requirement for the MOP and applies 10% greenspace to each lot within the existing MOP. 5) Planning Commission Consideration of the waiver request that Lot 2 not be required to front upon a paved, publicly-maintained street. a. Staff does not object to the waiver because future subdivision of proposed Lot 2 appears highly unlikely without complete redevelopment of subject property. Proposed lot 2 will be accessed via a common access easement shown on the plat. Subject property has undergone an engineered development process through the MOP case, including drainage. 6) Planning Commission Consideration of the waiver request from furnishing sidewalks along the HWY 181 frontage. a. Staff does not object to the waiver because sidewalks were not required by the Planning Commission when MOP case number SD 19.16 was considered. b. Further, the nearest sidewalk along the HWY 181 ROW is greater than one road mile from subject property. 7) Reflection of any notes on the plat as required by Baldwin County. 2nd: Rebecca Bryant 2nd the motion and the motion carried with the following vote: Vote: AD – Aye RB – Aye HK – Aye JW – Aye LT – Aye HM – Aye RP – Nay CHB – Aye KB – Aye SD 20.27 Bishop Road MOP Property Owner /Applicant: Provision Investments LLC General Location: West side of Bishop Road just north of Gayfer Road. Project Type: Multiple Occupancy Project (7 units) Number of lots: 2 Zoning District: R-4, Low Density Multi-Family Residential Parent Parcel PPIN Number: 383706 and 383707 Engineer of record: S.E. Civil, LLC School District: Fairhope Elementary, Intermediate, Middle, and High Schools Report prepared by: Samara Walley, City Planner Comments: The applicant has provided a site plan illustrating two (2) proposed buildings on a 1.08 acre property. There are 7 units total with a gross density of 6.42 units per acre. The site plan illustrates a sidewalk along Bishop Road. There is a total of 22 parking spaces provided. Each unit will have a single car garage. There is also an uncovered parking space (driveway). Lastly, a new fire hydrant will be installed within the required 450’ of the subject property. Recommendation: Staff recommends PRELIMINARY PLAT APPROVAL of SD 20.27 Bishop Road MOP subject to the following condition: 1) Replat of Lots 1 and 2 into a single lot prior to any land disturbance activities. Larry Smith of S.E. Civil Engineering, LLC was present on behalf of the applicant. Public Hearing: No one was present to speak on the subject case. Motion: Art Dyas made a motion to accept the staff recommendation for PRELIMINARY PLAT APPROVAL of SD 20.27 Bishop Road MOP subject to the following condition: 1) Replat of Lots 1 and 2 into a single lot prior to any land disturbance activities. 2nd: Harry Kohler 2nd the motion and the motion carried unanimously with the following vote: Vote: AD – Aye RB – Aye HK – Aye JW – Aye LT – Aye HM – Aye RP – Aye CHB – Aye KB – Aye IR 20.02 Barbara Childress Property Owner /Applicant: Tammy Barber, on behalf of Barbara Childress General Location: North side of County Road 11 between Lyter Lane and Keller Road Project Type: Informal Review- Proposed Subdivision Number of lots: 3 Zoning District: Unzoned Parent Parcel PPIN Number: 19751 Engineer of record: N/A School District: Fairhope Elementary, Intermediate, Middle, and High Schools Report prepared by: N/A Request: Request of Tammy Barber, on behalf of Barbara Childress, for an Informal Review of a proposed 3-lot subdivision. The property is approximately 16 acres and is located on the north side of County Road 11 between Lyter Lane and Keller Road. The applicant states that they wish to divide the property among family members. Staff Recommendation: Provide feedback and comments. Tammy Barber was present on behalf of the applicant. Motion: No action is required nor was made. Old/New Business SD 18.10 Replat of Lot 2, Young Oaks Sidewalk Discussion Property Owner /Applicant: David Cooper General Location: North side of Nichols Avenue just west of Troyer Boothe Road Report given by: J. Buford King, Development Services Manager Summary: Approved by the Planning Commission April 2, 2018. 2-lot minor subdivision, zoning remains R-3PGH. The subdivision plat was recorded April 25, 2018 and is reflected by Slide # 2637-C. The Planning Commission added a condition of approval “Sidewalks shall be installed along Nichols Avenue.” A subdivision performance bond agreement was submitted to staff by the applicant and included a check for $2,613.00. The sidewalk cost was approved by the public works director as indicated on the Engineer’s Schedule of Values. Due to factors illuminated by the Public Works Director, plans for sidewalk construction along Nichols Avenue have been suspended and future sidewalk construction is not planned. The applicant is requesting refund of $2,613.00 due to non-installation of sidewalks because the installation of sidewalks was a specific requirement of the Planning Commission via condition of approval, staff presents the refund request to the planning commission for consideration. Staff Recommendation: Provide feedback and comments. Motion: No motion was required nor was made. SD 18.39 Fox Hollow, Phase 3 Property Owner / Applicant: Montrose Properties, Inc. General Location: East side of County Road 13 approximately 1,750’ south of Morphy Avenue Report given by: Emily Boyett, Administrative Assistant Summary: The subdivision is approximately 13.78 acres of R-2 Medium Density Single Family Residential District zoned property with 32 lots. Preliminary plat approval was granted by the Planning Commission on November 5, 2018. The applicant is requesting a 2-year extension of the preliminary plat approval. Staff Recommendation: Staff recommends granting a 1-year extension of the preliminary plat approval. Motion: Art Dyas made a motion to accept the staff recommendation to grant a 1-year extension of the preliminary plat approval. 2nd: Richard Peterson 2nd the motion and the motion carried unanimously with the following vote: Vote: AD – Aye RB – Aye HK – Aye JW – Aye LT – Aye HM – Aye RP – Aye CHB – Aye KB – Aye Subdivision Regulation Amendment Discussion Buford King provided the Commission with an overview of several proposed amendments to the Subdivision Regulations. Motion: No action is required nor was made. Zoning Ordinance Amendment Discussion Hunter Simmons stated staff is preparing several amendments to the Zoning Ordinance for the upcoming Planning Commission meetings. Motion: No action is required nor was made. Adjournment Motion: Kevin Boone made a motion to adjourn at 7:58PM. 2nd: Hollie MacKellar 2nd the motion and the motion carried unanimously with the following vote: Vote: AD – Aye RB – Aye HK – Aye JW – Aye LT – Aye HM – Aye RP – Aye CHB – Aye KB – Aye