HomeMy WebLinkAbout06-01-2020 Planning Commission MinutesJune I, 2020
Planning Commission Minutes
The Planning Commission met virtually Monday, June 1, 2020 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; 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: none
Chairman Turner called the meeting to order at 5:07 PM and explained the procedures of
the meeting. Mr. Turner took a roll call of those present.
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. Art Dyas made a motion to accept the minutes as amended. John Worsham
2nd the motion and the motion carried unanimously with the following vote: A YE -Art
Dyas, Rebecca Bryant, Harry Kohler, John Worsham, Lee Turner, Hollie MacKellar,
Clarice Hall-Black, Richard Peterson and Kevin Boone. NAY -none.
SD 20.18 Public hearing to consider the request of James Scopolites for plat
approval of Gayfer Place, a 3-lot minor subdivision, Seth Moore. The property is
located on the northeast corner of the intersection of Gayfer Road Extension and Bishop
Road. Mrs. Walley gave the staff report saying this request was tabled at the May
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 are being requested regarding sidewalks and fire hydrants. 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.
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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 and requested the Commission accept
option number three. Mr. Dyas questioned the fire hydrant requirements and Mr.
Worsham explained the requirement is not in relation to lots but distance from one
hydrant to another. Mrs. Bryant said the flag lot is a concern because it was only created
to meet the 450' requirement. She asked if the applicant would remove the "flag pole"
portion of the lot and Mr. Moore stated the applicant would be agreeable to rearranging
the lot lines.
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.
Art Dyas 2nd the motion and the motion carried with the following voice vote: A YE -Art
Dyas, Harry Kohler, John Worsham, Lee Turner, Hollie MacKellar, Clarice Hall-Black,
and Kevin Boone. NAY -Rebecca Bryant and Richard Peterson.
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, Steve
Pumphrey. The property is located on the east side of State Highway 181 approximately
½ mile north of County Road 24. Ms. Davis gave the staff report saying the property 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 1.4 7 units per acre however the
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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 is 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 number of units proposed. 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. He addressed the Commission saying this proposal will meet a market need
and will create a community aspect within the development. He said the property is
outside the City's Comprehensive Plan boundary and asked the Commission not to apply
the typical density comparisons. He stated it meets the County's regulations.
Joe Everson of 68 Ventures, LLC address the Commission saying this design will
promote physical activity and create a sense of community with the proposed amenities.
He reiterated this design will meet a current demand of the market for this size home.
Mr. Turner opened the public hearing.
Mrs. Boyett stated two letters of support and one letter of opposition have been received
from adjacent property owners.
Having no one present to speak, he closed the public hearing.
Mr. Turner stated he likes the lake and walking trails but is concerned with the density
and only one ingress/egress to St. Hwy. 181. Mr. Dyas said the site needs some unique
aspect not just high density. He said one access for 176 lots is not appropriate.
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.
Harry Kohler 2nd the motion and the motion carried unanimously with the following vote:
A YE -Art Dyas, Rebecca Bryant, Harry Kohler, John Worsham, Lee Turner, Hollie
MacKellar, Clarice Hall-Black, Richard Peterson and Kevin Boone. NAY -none.
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, Steve Pumphrey. The
property is located on the east side of US Highway 98 and the north side of County Road
32. Mr. King gave the staff report saying the property is approximately 29.39 acres in
unzoned Baldwin County. 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. The applicant is
requesting waiver to the sidewalks and public rights-of-way requirements. Staff
recommendation for 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
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2. Proposed "Mars Hill Lane" fails to comply with Article V, Section E.3 Lot
Standards or with Article IV, Section C. J. 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.
Jfit 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 VB.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. Mr.
Dyas asked if the road is built in a right-of-way or an easement and Mr. King responded
neither, it is like a driveway. Mr. Turner and Mr. Dyas stated concerns with the access
issues. Mr. Pumphrey explained the site was originally all part of a master plan for a
church which is not going to be developed. He stated the County will not accept the
existing road as a public right-of-way because of the parking spaces along the road's
edge. Mr. Worsham suggested removing the parking spaces along the road and Mr.
Pumphrey said the applicant may be willing to consider that option. Mr. Turner suggested
tabling the request to workout some of the concerns and Mr. Pumphrey agreed to tabling.
Art Dyas made a motion to table at the request of the applicant's representative.
John Worsham 2nd the motion and the motion carried unanimously with the following vote:
AYE-Art Dyas, Rebecca Bryant, Harry Kohler, John Worsham, Lee Turner, Hollie
MacKellar, Clarice Hall-Black, Richard Peterson and Kevin Boone. NAY -none.
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, Larry Smith and
David Diehl. The property is located on the west side of State Highway 181 just south of
Hollowbrook Avenue at 21883 State Highway 181. Mr. King gave the staff report saying
the property is approximately 1.62 acres in unzoned Baldwin County Planning District
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17. 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. 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.
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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 and David Diehl of S.E. Civil Engineering, LLC were present on behalf of
the applicant. Mr. Smith stated one building is already built, the second building is under
construction, and the building pad is ready for the third. He explained the water line is
live, but he is waiting on the City to authorize the flow test which was delayed due to the
drought.
Mr. Turner opened the public hearing. Having no one present to speak, he closed the
public hearing.
Mr. Peterson asked the difference between this case and the last case and Mr. Turner
explained this site has a dedicated easement for access. Mr. King detailed the previous
approval processes for this site. Mr. Peterson asked what portion of the site the access
easement covers, and Mr. Diehl answered the travel lanes of the driveway are included in
the easement.
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 oflot 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.
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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.
Rebecca Bryant 2nd the motion and the motion carried with the following vote: A YE -
Art Dyas, Rebecca Bryant, Harry Kohler, John Worsham, Lee Turner, Hollie MacKellar,
Clarice Hall-Black, and Kevin Boone. NAY -Richard Peterson.
SD 20.27 Public hearing to consider the request of Provision Investments, LLC for
preliminary approval of Bishop Road MOP, a 7-unit multiple occupancy project,
Larry Smith. The property is located on the west side of Bishop Road just north of
Gayfer Road. Mrs. Walley gave the staff report saying 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 of22 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. Staff
recommends PRELIMINARY PLAT APPROVAL of SD 20.27 Bishop Road MOP
subject to the following condition:
1) Rep lat 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.
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 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.
Harry Kohler 2nd the motion and the motion carried unanimously with the following vote:
A YE -Art Dyas, Rebecca Bryant, Harry Kohler, John Worsham, Lee Turner, Hollie
MacKellar, Clarice Hall-Black, Richard Peterson, and Kevin Boone. NAY -none.
IR 20.02 Request of Tammy Barber, on behalf of Barbara Childress, for an
Informal Review of a proposed 3-lot subdivision. The property is located on the north
side of County Road 11 between Lyter Lane and Keller Road and is approximately 16
acres. Ms. Barber addressed the Commission saying the property was previously
farmland and currently has 3 existing single family homes. She stated they would like to
subdivide the property to create separate parcels for each of the existing homes and
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dedicate access/utility easements for each parcel. Mr. Simmons stated staff has a letter
from the Barnwell Fire Department requesting the fire protection requirements be meet
for properties within their jurisdiction.
Old/New Business
SD 18.10 Replat of Lot 2, Young Oaks -Sidewalk discussion, Buford King. Mr.
King gave a review saying the referenced case was approved by the Plarming
Commission on April 2, 2018, as a 2-lot minor subdivision zoned R-3PGH. The
subdivision plat was recorded April 25, 2018 and is reflected by Slide# 2637-C.
The Plarming Commission added a condition of approval "Sidewalks shall be installed
along Nichols A venue." 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 A venue 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. Mr. Turner stated the sidewalks should be built
and cited the new development in the area currently being built. He said he would like to
see sidewalks all the way down Nichols Avenue. Mr. Peterson agreed and added the
sidewalk was part of the approval for the subdivision and should be built.
David Cooper, applicant, addressed the Commission saying there was a proposal for
Fairhope Single Tax Corporation (FSTC) to construct a sidewalk along Nichols Avenue,
but the residents of Hawthorne Glen did not want them. Mr. Turner explained FSTC
decided against the project due to the resident's opposition. Mr. Peterson said the
drainage needs to be addressed on Nichols A venue before sidewalks. Mrs. Boyett stated
Richard Johnson, Public Works Director, stated he would send a crew to build the
sidewalk as soon as possible. Mr. Cooper said he wants a sidewalk and the sooner the
better.
SD 18.39 Fox Hollow, Phase 3-Request for a 2-year extension of the preliminary
plat approval, Emily Boyett. Mrs. Boyett stated the subdivision is approximately 13.78
acres ofR-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 recommends granting a I-year extension of the preliminary plat approval. Mr.
Turner agreed a I -year extension is what he is comfortable with approving.
Art Dyas made a motion to accept the staff recommendation to grant a I-year extension
of the preliminary plat approval.
Richard Peterson 2nd the motion and the motion carried unanimously with the following
vote: AYE-Art Dyas, Rebecca Bryant, Harry Kohler, John Worsham, Lee Turner,
Hollie MacKellar, Clarice Hall-Black, Richard Peterson, and Kevin Boone. NAY -
none.
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Subdivision Regulation Amendment Discussion -Buford King. Mr. King provided
the Commission with an overview of several proposed amendments to the Subdivision
Regulations. The proposed amendments include an amended date to the cover page, lot
definition, PUDs not required to have additional community meetings, submission of
ESRI ArcMap shapefiles, infrastructure definition for minor subdivisions, replat
discrepancies regarding lots versus tax parcels, one-time splits, multiple occupancy
projects infrastructure, strengthening wording for approval standards, clarifying
greenspace wording and definition, no bonding for sidewalks, sidewalk installation, lot
access deviation allowance, streets and lane construction standards, bond wording for
final plats, testing submittal requirements, waiver wording clarity, and fire hydrant
wording clarity. There was discussion of creating an ad hoc committee to review the
substantial changes to the regulations and having a worksession to discuss them in detail.
Zoning Ordinance Amendment Discussion-Hunter Simmons. Mr. Simmons stated
staff is preparing several amendments to the Zoning Ordinance for the upcoming
Planning Commission meetings.
Having no further business, Kevin Boone made a motion to adjourn. Hollie MacKellar
2nd the motion and the meeting was adjourned at 7:58 PM.
Lee Turner, Chairman
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