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HomeMy WebLinkAbout08-03-2020 Planning Commission Meeting SynopsisCall to Order Lee Turner called the meeting to order at 5:018PM. He explained the procedures of the meeting and took a roll call. Roll Call Art Dyas (AD) – Present Rebecca Bryant (RB) – Absent Harry Kohler (HK) – Present John Worsham (JW) – Present Lee Turner (LT) – Present Hollie MacKellar (HM) – Present Richard Peterson (RP) – Absent Clarice Hall-Black (CHB) – Absent Kevin Boone (KB) – Present Approval of Minutes The minutes of the July 6, 2020 Planning Commission meeting were considered. Motion: Art Dyas made a motion to accept the minutes as written. 2nd: Kevin Boone 2nd the motion and the motion carried unanimously with the following vote: Vote: AD – Aye RB – Absent HK – Aye JW – Aye LT – Aye HM – Aye RP – Absent CHB – Absent KB – Aye UR 20.05 Southern Light – Fairhope Yacht Club Property Owner /Applicant: Southern Light, LLC General Location: The project will run along the west side of N. Section Street and the north side of Volanta Avenue from 801 N. Section Street to 101 Volanta Avenue to service the Fairhope Yacht Club. Project Type: Proposed installation of approximately 1,344 linear foot of underground fiber optic cable. Jurisdiction: City of Fairhope ROW Report prepared by: Carla Davis Comments: Request of Southern Light, LLC for an 11.52.11 Utility Review and approval of the proposed underground installation of approximately 1,344 linear foot of fiber optic cable. The project will run along the west side of N. Section Street and the north side of Volanta Avenue from 801 N. Section Street to 101 Volanta Avenue to service the Fairhope Yacht Club. Recommendation: Staff recommends approval of UR 20.05 conditional upon the following: 1) The applicant shall follow the general comments related to utility work, as stated above. 2) Applicant and applicant’s contractor shall follow the Right of Way Installation Permitting and Work Procedures document provided by the Building Official. Wade Mitchell of AT&T was present on behalf of the applicant. Motion: Kevin Boone made a motion to accept the staff recommendation to APPROVE subject to the following conditions: 1) The applicant shall follow the general comments related to utility work, as stated above. 2) Applicant and applicant’s contractor shall follow the Right of Way Installation Permitting and Work Procedures document provided by the Building Official. 2nd: Harry Kohler 2nd the motion and the motion carried unanimously with the following vote: Vote: AD – Aye RB – Absent HK – Aye JW – Aye LT – Aye HM – Aye RP – Absent CHB – Absent KB – Aye SD 20.30 Ferry Road Estates Property Owner /Applicant: Corinne Synder General Location: East side of Ferry Road between Keeny Drive and Ferry Road Circle Project Type: Minor Subdivision Number of lots: 2 Zoning District: Unzoned Baldwin County within County Planning District 14 Parent Parcel PPIN Number: 317 Surveyor of Record: Seth W. Moore, PLS # 16671, Moore Surveying School District: Newton Elementary, Fairhope Middle and High Schools Report prepared by: Carla Davis, City Planner Comments: Public hearing to consider the request Corinne J. Snyder owner and applicant for a 2-lot minor subdivision. The property is located on the east side of Ferry Road between Keeney Drive and Ferry Road Circle. The subject property is approximately 0.89 acres and the applicant desires to divide the property into two separate lots. The proposed Lot 1 is approximately 0.37 acres (16,378 square feet) and the proposed Lot 2 is approximately 0.51 acres (22,368 square feet). This application was heard at the previous June 8, 2020 Planning Commission meeting where it was held over as the lots did not meet the 100’ minimum lot width requirement per the Subdivision Regulations. The applicant is now requesting a waiver of the lot width to reduce the lot width to two, 91’ wide lots. The subject property is in Fairhope’s Extra Territorial Jurisdiction and therefore must follow Fairhope’s Subdivision Regulations. The proposed subdivision according to Fairhope’s Subdivision Regulations is a minor subdivision and has been reviewed accordingly. Fairhope’s Subdivision Regulations Article VI Section D requires the provision of sidewalks along all streets in the Planning Jurisdiction of Fairhope. The preliminary plat depicts a 15’ drainage, utility, and sidewalk easement. The applicant has also requested a sidewalk waiver. The proposed subdivision does not include the building of any infrastructure or improvements at this time, therefore a tree protection plan, landscape plan, and other criteria required for a major subdivision is not applicable. The proposed subdivision did not trigger a traffic study. Concerning storm water runoff none of the existing flow patterns will be changed by this replat. Water and gas services will be provided by the City of Fairhope. Power is supplied by Baldwin County EMC.; and Baldwin County Sewer Service will provide sewer. Recommendation: Staff recommends denial of SD 20.30 for the following reason: 1) The lots do not meet the 100’ minimum lot width as required by the Subdivision Regulations. Seth Moore of Moore Surveying, Inc. and Corinne Kirby were present on behalf of the applicant. Public Hearing: No one was present to speak. Mrs. Boyett stated there is one letter of opposition in the packet. Motion: Art Dyas made a motion to DENY the request due to the lack of a hardship to grant the waiver for the 100’ street frontage requirement. 2nd: John Worsham 2nd the motion and the motion carried unanimously with the following vote: Vote: AD – Aye RB – Absent HK – Aye JW – Aye LT – Aye HM – Aye RP – Absent CHB – Aye KB – Aye Clarice Hall-Black joined the meeting. SD 20.31 Dewberry Estates Property Owner /Applicant: Joey & Janet Langley General Location: North side of Dewberry Lane Project Type: Preliminary Plat inside Fairhope’s ETJ Number of lots: 2 Project Acreage: 3.80 Zoning District: Unzoned PPIN Number: 56024 Engineer of record: Smith, Clark & Associates School District: J Larry Newton, Fairhope Middle, Fairhope High School Report prepared by: Samara Walley Comments: This application was previously heard at the July 6, 2020 Planning Commission meeting. The application was tabled to allow coordination with the Fire Inspector with regards to location of a fire hydrant. Additionally, there were concerns about the physical condition of the private road. The applicant has coordinated with the Fire Inspector who has since amended his previous recommendation. The preliminary plat illustrates a 2-lot subdivision. There is an existing dwelling on the proposed Lot 1 and an existing 15’x12’ shed on the proposed Lot 2. There are utilities easements located along the perimeter of each lot. The proposed lots do not front a paved, publicly maintained road but rather a 30’ ingress & egress easement. The applicant has submitted a waiver request for frontage on a public street. The applicant has also submitted waiver requests for a sidewalk and fire hydrant. Originally, Staff received comments via email from the City of Fairhope Fire Inspector official stating that he would not be in favor of the approval of a waiver for a fire hydrant at this location After a more extensive review of the site and several site visits, he has since amended his recommendation, stating that the existing hydrant on Highway 181 is sufficient. However, it has been recommended that the private road be improved. Therefore, Staff will recommend roadway approvements that will support the weight of a 75,500lb GVWR vehicle. Recommendation: Staff recommends PRELIMINARY PLAT APPROVAL SD 20.31 subject to the following conditions: 1. Provision of a 26’ wide access road that supports the weight of a 75,000lb GVWR vehicle; a. Improvements should be drawn and stamped by a professional engineer and included with any land disturbance permits; b. As-built drawings stamped by a professional engineer indicating that the improved road meets the 26’ width and 75,000 lb. capacity shall be submitted with final plat; 2. Acceptance of a waiver from the requirement to install a fire hydrant as required by Article IV Section G.; 3. Acceptance of the waiver from the requirement for sidewalk installation as required in Article VI, Section D; and 4. Acceptance of the waiver request to allow a subdivision that does not front a paved, publicly maintained road as required in Article V Section E. Hunter Smith of Smith Clark & Associates was present on behalf of the applicant. Public Hearing: Janet Langley of 9781 Dewberry Lane – She stated staff has changed the recommendation and the conditions of approval since the first meeting. She said widening the road will cause a significant financial burden because of the amount of work that will need to be done such as moving power poles, adding culverts, removing numerous trees, and plus the cost of engineering for the road improvements. Joey Langley of 9781 Dewberry Lane – He said the Fire Inspector stated the fire trucks carry 1200’ of hose on the trucks and so the trucks do not need to come down the road. Motion: Kevin Boone made a motion to accept the staff recommendation for PRELIMINARY PLAT APPROVAL the request subject to the following conditions: 1. Provision of a fire access road that supports the weight of a 75,000lb GVWR vehicle and is approved by the fire jurisdiction having authority; a. Improvements should be drawn and stamped by a professional engineer and included with any land disturbance permits; and b. As-built drawings stamped by a professional engineer indicating that the improved road meets fire access width and 75,000 lb. capacity shall be submitted with final plat; 2. Acceptance of a waiver from the requirement to install a fire hydrant as required by Article IV Section G.; 3. Acceptance of the waiver from the requirement for sidewalk installation as required in Article VI, Section D; and 4. Acceptance of the waiver request to allow a subdivision that does not front a paved, publicly maintained road as required in Article V Section E. 2nd: Hollie MacKellar 2nd the motion and the motion carried unanimously with the following vote: The applicant gave consent to hear the case as a Preliminary Plat. Vote: AD – Aye RB – Absent HK – Aye JW – Aye LT – Aye HM – Aye RP – Absent CHB – Aye KB – Aye SD 20.23 Parkstone Subdivision Property Owner /Applicant: Eastpark, LLC General Location: North side of Parker Road just East of US Hwy. 98. Project Type: Preliminary Plat Number of lots: 41 Project Acreage: 12.63+/- Zoning District: Planned Unit Development PPIN Number: 15985 and 32028 Engineer of record: Tom Granger, PE Sawgrass Consulting School District: Fairhope Elementary, Intermediate, Middle, and High School Report prepared by: Mike Jeffries Comments: The proposed subdivision has been reviewed according to Fairhope’s Subdivision Regulations. The property being a PUD has an approved site plan that this subdivision had to be reviewed against as well. The subject property being a PUD has a separate parcel that has the same allowed business uses as B-2 Zoning in Fairhope’s Zoning Ordinance. It is indicated as lot 41 on the proposed plat. The most significant change between the PUD site plan and the proposed preliminary plat is the location of green space. The greenspace overall could be better planned out to provide a more beneficial area for the community. The quantity of greenspace provided meets the subdivision regulations, but the quality does not. Recommendation: Staff recommends DENIAL of the request. Tom Granger was present on behalf of the applicant. Public Hearing: No one was present to speak. Motion: Art Dyas made a motion to accept the applicants request to TABLE. 2nd: John Worsham 2nd the motion and the motion carried unanimously with the following vote: Vote: AD – Aye RB – Absent HK – Aye JW – Aye LT – Aye HM – Aye RP – Absent CHB – Aye KB – Aye SD. 20.33 Hilltop Subdivision Property Owner: Two Hands Design and Development, LLC Applicant: Two Hands Design and Development, LLC General Location: 1,000ft south of Twin Beech Road along west side of S. Section Street Project Type: Major Subdivision (Final Plat) Number of lots: 29 Zoning District: Unzoned Baldwin County District 17 Parent Parcel PPIN Number: 19829 Engineer of record: Trey Jinright, PE School District: Fairhope Elementary Schools, Fairhope Middle School, Fairhope High School Report prepared by: J. Buford King Recommendation: Approve with conditions Summary: Public hearing to consider the request of Jade Consulting on behalf of Twin Hands Design and Development, LLC for approval of the final plat of Hilltop Subdivision Phase One; a twenty-nine (29) lot major subdivision. The subject property is located on the west side of South Section Street (Baldwin County Highway No. 3) approximately 1,000ft south of County Road 44 (Twin Beech Road). Subject property consists of approximately 21.175 acres, the smallest lot 15,000 square feet and the average lot 19,619 sf. Mr. Trey Jinright, PE, LEED AP of Jade Consulting serves as the engineer of record (EOR) for subject development with additional staff work provided by Mr. Lee Rambo. Comments: • The subject site is Phase 1 of 2 of the Hilltop Subdivision Development. Phase 2 received preliminary plat approval on March 2, 2020 and contains eight (8) lots for a total of thirty-seven (37) total lots in both phases. A construction schedule for Phase 2 is not known as of this writing. • Subject property is located in unzoned Baldwin County within planning district 17 • All items identified by the Planning Department during the review process have been addressed by the applicant. • The developer has indicated to staff an interest in annexing subject property into the City of Fairhope. The lot size and width of subject property appears to be consistent with R-1 Residential Single Family Zoning District, which is the “default “zoning district for direct annexation appeals to the City Council. It is not known as of this writing if the annexation, if requested, will be a direct appeal to the City Council or a conditional annexation to be considered by the Planning Commission and City Council. If the applicant requests annexation, staff will coordinate with the applicant, as necessary because the annexation will likely alter the resolution of dedication of improvements as well as result in a new maintenance bond in a larger dollar amount to include ROWs in addition to utilities. Recommendations: Staff recommends APPROVAL of case # SD 20.33, Hilltop Subdivision Phase 1 contingent upon satisfaction of the following conditions preceding application of signatures to the final plat: 1. Common Area #3 a. The portion of common area #3 between lots 3 and 4, as well as the portion of common area #3 southeast of lots 3 through 5 adjacent to the entirety of the length of lots 3 through 5 shall be improved to allow safe access by a wastewater vacuum truck. b. Revise the “for construction” landscape drawings as needed to accommodate the vehicle access described in “b” above. 2. Completion of any and all punch list items to the satisfaction of City of Fairhope staff a. The Code Enforcement Officer will conduct one additional erosion control inspection to make certain the site is adequately stabilized prior to final plat signatures. 3. Memorialize the required follow-up activities required of staff and the applicant as described in Follow-Up Activities Required by Staff and the Applicant. Trey Jinright of JADE Consulting, LLC was present on behalf of the applicant. Public Hearing: No one was present to speak. Motion: Art Dyas made a motion to accept the staff recommendation for APPROVAL of case # SD 20.33, Hilltop Subdivision Phase 1 contingent upon satisfaction of the following conditions preceding application of signatures to the final plat: 1. Common Area #3 a. The portion of common area #3 between lots 3 and 4, as well as the portion of common area #3 southeast of lots 3 through 5 adjacent to the entirety of the length of lots 3 through 5 shall be improved to allow safe access by a wastewater vacuum truck. b. Revise the “for construction” landscape drawings as needed to accommodate the vehicle access described in “b” above. 2. Completion of any and all punch list items to the satisfaction of City of Fairhope staff a. The Code Enforcement Officer will conduct one additional erosion control inspection to make certain the site is adequately stabilized prior to final plat signatures. 3. Memorialize the required follow-up activities required of staff and the applicant as described in Follow-Up Activities Required by Staff and the Applicant. 2nd: Kevin Boone 2nd the motion and the motion carried unanimously with the following vote: Vote: AD – Aye RB – Absent HK – Aye JW – Aye LT – Aye HM – Aye RP – Absent CHB – Aye KB – Aye SD 20.35 Bell Family Subdivision Property Owner /Applicant: Red Barn Properties General Location: Northeast intersection of CR32 and US HWY 98 (Greeno Road). Project Type: Minor Subdivision Number of lots: 2 Zoning District: Unzoned Parent Parcel PPIN Number: 371732 Engineer of record: SE Civil School District: J Larry Newton, Intermediate, Middle, and High Schools Report prepared by: Samara Walley, City Planner Comments: The proposed subdivision does not include the building of any infrastructure or improvements therefore a tree protection plan, landscape plan, and other criteria required for a major subdivision is not applicable. The proposed subdivision did not trigger a traffic study. Concerning storm water runoff none of the existing flow patterns will be changed by this replat. Water and gas services are available through the City of Fairhope. Electrical services shall be provided by Baldwin EMC. AT&T will provide services as well. The Fire Inspector has stated that the exiting hydrants in the proximity are sufficient. Flow model data has been provided. The nearest fire hydrant is illustrated on the plat. The preliminary plat illustrates a 2-lot subdivision, with Lot 13A and Lot 13B illustrated as a “flag-shaped” lots. Minimum building setback lines are illustrated on the each lot where the lots reach 100’ in width. Drainage and utilities easements are illustrated between each lot. Additionally, the applicant has requested a sidewalk waiver stating that there are no sidewalks in the immediate vicinity. It should be noted that this application is a resubdivision of Lot 13 of the Red Barn Subdivision which was a 16-lot subdivision approved by Planning Commission in 2017. Recommendation: Staff recommends APPROVAL of SD 20.35 WITH THE FOLLOWING CONDITIONS: 1. Provision of all notes on the final plat as provided on the original SD 17.12 Red Barn Subdivision; and 2. As a requirement of the previous approval, “ The Owner of each lot shall provide to the City of Fairhope Planning Department a signed and sealed certification from an Alabama registered professional civil engineer and wetland specialist stating that the drainage and LID have met the City of Fairhope drainage and LID requirements.” This should be completed prior to the approval of any building permits; and 3. Approval of the sidewalk waiver. Michael Bell was present. Public Hearing: No one was present to speak. Motion: Art Dyas made a motion to accept the staff recommendation for APPROVAL of SD 20.35 WITH THE FOLLOWING CONDITIONS: 1. Provision of all notes on the final plat as provided on the original SD 17.12 Red Barn Subdivision; and 2. As a requirement of the previous approval, “ The Owner of each lot shall provide to the City of Fairhope Planning Department a signed and sealed certification from an Alabama registered professional civil engineer and wetland specialist stating that the drainage and LID have met the City of Fairhope drainage and LID requirements.” This should be completed prior to the approval of any building permits; and 3. Approval of the sidewalk waiver. 2nd: Kevin Boone 2nd the motion and the motion carried with the following vote: Vote: AD – Aye RB – Absent HK – Nay JW – Aye LT – Nay HM – Nay RP – Absent CHB – Aye KB – Aye SD 20.36 Shiawasena Subdivision Property Owner /Applicant: Jason Tickle General Location: West side of Main Street Chapman Street and Taylor Street. Project Type: Minor Subdivision Number of lots: 2 Zoning District: R-1, Low Density Single-Family Residential Parent Parcel PPIN Number: 11586 Engineer of record: Smith, Clark & Associates School District: Fairhope Elementary, Intermediate, Middle, and High Schools Report prepared by: Samara Walley, City Planner Comments: The proposed subdivision does not include the building of any infrastructure or improvements therefore a tree protection plan, landscape plan, and other criteria required for a major subdivision is not applicable. The proposed subdivision did not trigger a traffic study. Concerning storm water runoff none of the existing flow patterns will be changed by this replat. Water, sewer, and gas services are available through the City of Fairhope. Electrical services shall be provided by Riviera Utilities. AT&T will provide services as well. The Fire Inspector has stated that the exiting hydrant in the proximity is sufficient. Flow model data has been submitted by the applicant. The fire hydrant is not illustrated on the plat and would therefore be a condition of approval. The preliminary plat illustrates a 2-lot subdivision, with Lot 1 illustrated as a “flag-shaped” lot. It should be noted that the lot width requirement for an R-1 zoned property is 100-feet. Therefore, the building setback for Lot 1 should be revised to reflect a 40-foot building setback where the lot reaches 100-feet in width. Additionally, the applicant has requested a sidewalk waiver stating that there are existing sidewalks are on Main Street across from the subject property. Recommendation: Staff recommends APPROVAL of SD 20.36 WITH THE FOLLOWING CONDITIONS: 1. Illustrate existing hydrant on the plat; 2. Revision of the setback line for Lot 1 to reflect a 40-foot building setback where the lot reaches 100-feet in width; and 3. Approval of the sidewalk waiver. a. Illustration of a sidewalk easement. Jason Tickle was present. Public Hearing: No one was present to speak. Motion: John Worsham made a motion to accept the staff recommendation for APPROVAL of SD 20.36 WITH THE FOLLOWING CONDITIONS: 1. Illustrate existing hydrant on the plat; 2. Revision of the setback line for Lot 1 to reflect a 40-foot building setback where the lot reaches 100-feet in width; and 3. Approval of the sidewalk waiver. a. Illustration of a sidewalk easement. 2nd: Kevin Boone 2nd the motion and the motion carried unanimously with the following vote: Vote: AD – Aye RB – Absent HK – Aye JW – Aye LT – Aye HM – Aye RP – Absent CHB – Aye KB – Aye SD 20.37 Fairhope Farms Subdivision Property Owner: Floyd Enfinger Applicant: Floyd Enfinger General Location: The west side of Thompson Hall Road between Fairhope Avenue and Morphy Avenue. Project Type: Minor Subdivision Number of lots: 2 Zoning District: R-A Parent Parcel PPIN Number: 14632 Engineer of record: Hunter Smith School District: Fairhope Elementary, Fairhope Middle, and Fairhope High Schools Report prepared by: Carla Davis Recommendation: Approval Comments: The subject property is in Fairhope’s Planning Jurisdiction and therefore must follow Fairhope’s Subdivision Regulations. The proposed subdivision according to Fairhope’s Subdivision Regulations is a minor subdivision and has been reviewed accordingly. Fairhope’s Subdivision Regulations Article VI Section D requires the provision of sidewalks along all streets in the Planning Jurisdiction of Fairhope. The applicant does not wish to install sidewalks above and beyond the sidewalks that are in place at this time within the City of Fairhope’s right-of-way and is requesting a sidewalk waiver. The proposed subdivision does not include the building of any infrastructure or improvements therefore a tree protection plan, landscape plan, and other criteria required for a major subdivision is not applicable. The proposed subdivision did not trigger a traffic study. Concerning storm water runoff none of the existing flow patterns will be changed by this replat. Water, Gas, and Sewer services will be provided by the City of Fairhope. Power is supplied by Riviera Utilities and the telephone service is provided by AT& T. It should be noted that the subject site is a Fairhope Single Tax property. The plat should be revised to include a lease hold certificate and a signature block for the Fairhope Single Tax Corporation. Recommendations: Staff recommends approval of SD 20.37 conditional upon the following: 1.) The approval of a sidewalk waiver. 2.) Revision of the plat to include a lease hold certificate and a signature block for the Fairhope Single Tax Corporation. Hunter Smith of Smith, Clark & Associates, LLC was present on behalf of the applicant. Public Hearing: No one was present to speak. Motion: Kevin Boone made a motion to accept the staff recommendation approval of SD 20.37 conditional upon the following: 1.) The approval of a sidewalk waiver. 2.) Revision of the plat to include a lease hold certificate and a signature block for the Fairhope Single Tax Corporation. 2nd: Art Dyas 2nd the motion and the motion carried unanimously with the following vote: Vote: AD – Aye RB – Absent HK – Aye JW – Aye LT – Aye HM – Aye RP – Absent CHB – Aye KB – Aye ZC 20.04 Zoning Text Amendment PROPERTY ADDRESS: City-wide PARCEL ID: N/A MASTER PLAN: N/A ZONING DISTRICT: All zoning districts Request: Staff request the passage of an amendment to the Fairhope Zoning Ordinance, Article III.C. Dimension Standards. Specifically, to establish regulations for constructing accessory structures on waterfront lots to read as follows: 5. Waterfront Lots a. Accessory structures may be located in front of principle structures on waterfront lots but may not be located within the required front or side yards. b. Boathouses, which are constructed on waterfront properties, are exempted from the front yard setback requirements for accessory structures; however, they must comply with required side yard setbacks. Recommendation: Staff recommends to approve as requested. Public Hearing: Ryan Baker of WAV Architects – He requested a definition of “boathouse” be included in the amendment. He also stated concern with accessory structures not being allowed within the front or side yards. Motion: Hollie MacKellar made a motion to TABLE the request for further discussion. 2nd: Kevin Boone 2nd the motion and the motion carried unanimously with the following vote: Vote: AD – Aye RB – Absent HK – Aye JW – Aye LT – Aye HM – Aye RP – Absent CHB – Aye KB – Aye Adjournment Motion: Kevin Boone made a motion to adjourn at 8:25PM. 2nd: Hollie MacKellar 2nd the motion and the motion carried unanimously with the following vote: Vote: AD – Aye RB – Absent HK – Aye JW – Aye LT – Aye HM – Aye RP – Absent CHB – Aye KB – Aye