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Home My WebLink About12-07-2020 Planning Commission Meeting SynopsisCall to Order Lee Turner called the meeting to order at 5:05PM. 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) – Absent Lee Turner (LT) – Present Hollie MacKellar (HM) – Present Jason Langley (JL) – Present Clarice Hall-Black (CHB) – Present Jimmy Conyers (JC) – Present UR 20.07 1100 Fairhope Avenue Property Owner /Applicant: AT&T General Location: 1100 Fairhope Avenue Project Type: Concurrent Utility Review and Small Cell Site Review Number of lots: N/A Zoning District: N/A (County Commission property along a City of Fairhope Right of Way) Parent Parcel PPIN Number: 309675 Engineer of record: Ansco and Associates Surveyor of record: N/A School District: Fairhope East Elementary, Fairhope Middle and High Schools Report prepared by: Buford King Comments: Request of AT&T for an 11.52.11 Utility Review and approval of the proposed underground installation of approximately 75 linear feet of fiber optic cable within conduit, replacement of an existing wooden utility pole with a new wooden utility pole connected to existing overhead fiber optic cable, and attachment of a small cell antenna and equipment to the new wooden pole. The project will run along Fairhope Avenue beginning near the east entrance to the University of South Alabama Mitchell Cancer Institute (1047 Fairhope Avenue) terminating west of Bishop Road near 8477 Fairhope Avenue. This review contemplates the requirements of City of Fairhope Ordinance number 1679, “An Ordinance to Adopt Regulations for Small Cell Technology Facilities in the City of Fairhope, Alabama”. Ordinance 1679 Comments: The City of Fairhope Building Official is the permit awarding authority for Small Cell Sites within the corporate limits of the City of Fairhope, AL and thus subject application was submitted to the Building Official for review. The permitting approval process for small cell sites within Section 2, paragraph “B” of Ordinance 1679 requires both approval by the City of Fairhope Planning Commission and the Fairhope City Council as prerequisites to issuance of a permit by the Building Official. As a result, the Planning and Zoning Staff of the City of Fairhope has prepared this 11-52-11 utility review as a means of obtaining the Planning Commission’s recommendation for submission to the Fairhope City Council. Utilizing the criteria within Section 2, paragraph “B” of Ordinance 1679, staff has the following concerns about subject application: 1. The visual impact of placing the small cell site in the subject area 2. The character of the area in which the small cell site is proposed 3. Whether the appearance and placement of the proposed small cell site is aesthetically consistent with the immediate area 4. The applicant has not provided any documentation indicating that no practical co- location opportunity for the small cell site exists. Staff Recommendation Staff recommends to the City of Fairhope Planning Commission a recommendation of denial of UR 20.07 shall be submitted to the Fairhope City Council due to the following deficiencies: 1. The visual impact of placing the small cell site in the subject area a. Subject area is located near the Baldwin County Satellite Courthouse as well as several churches, residences, and the newly-expanded Fairhope K-6 School campus. 2. The character of the area in which the small cell site is proposed a. The subject area is likely capable of supporting a small cell site, however there are other location options more compatible with the area not considered by the application. 3. Whether the appearance and placement of the proposed small cell site is aesthetically consistent with the immediate area a. The existing wooden pole is somewhat obscured by vegetation. However, a new, much taller wooden pole and equipment installed on that pole will likely be unsightly-appearing in the proposed installation area. 4. The applicant has not provided any documentation indicating that no practical co- location opportunity for the small cell site exists. a. Several co-locate opportunities appear to exist near the proposed site for which existing utility poles or light poles may be utilized to install the small cell antenna and equipment. Tim Hawkins was present and requested the case be TABLED to allow alternative options to be explored. Motion: Art Dyas made a motion to TABLE the request. 2nd: Jimmy Conyers 2nd the motion and the motion carried unanimously with the following vote: Vote: AD – Aye RB – Aye HK – Aye JW – Absent LT – Aye HM – Aye JL – Aye CHB – Aye JC – Aye SD 20.49 Havranek Place minor subdivision Property Owner /Applicant: George and Mary Jean Havrnek General Location: Southeast corner of the intersection of County Road (CR) 13 and CR 24 Project Type: Minor Subdivision Number of lots: Lot 1 – remnant parcel Lot 2 – 6.19 acres Lot 3 – 5.63 acres Zoning District: Unzoned Baldwin County within County Planning District 17 Parent Parcel PPIN Number: 19362 Engineer of record: N/A Surveyor of record: Seth Moore, PLS School District: Newton Elementary, Fairhope Middle and High Schools Report prepared by: Carla Davis Comments: Public hearing to consider the request for George and Mary Jean Havranek owner and applicant of a 2-lot minor subdivision. The property is located at the southeast corner of the intersection of County Road 13 and County Road 24. The subject property is approximately 11.82 acres and the applicant desires to divide the property into two separate lots. The proposed Lot 2 is approximately 6.19 acres (269,636 square feet) with an existing residence and carport. The proposed Lot 3 is approximately 5.63 acres (245,242 square feet) with an existing residence and shed. Waiver Request: The applicant has submitted two waiver requests from the City of Fairhope Subdivision Regulations. The first wavier is in relation to Article VI Section D. “Sidewalks” which states: “sidewalks shall be installed on all streets within the planning jurisdiction of the City of Fairhope”. Historically, the planning commission has greatly emphasized sidewalk installation to facilitate future pedestrian connectivity and walkability of developments and has either required sidewalk installation, or in the case of county roads, required a pedestrian easement on private property along the margin of the property adjacent to the public ROW to allow future sidewalk installation, but not required sidewalks to be installed prior to minor subdivision plat approval. The proposed plat includes a 15’ sidewalk, drainage, and utility easement along the margin of CR 1 and CR 24 onto which sidewalks may be installed at a future time. Staff does not object to the sidewalk waiver and will memorialize via condition of approval the 15’ easement noted on the plat. The second waiver is related to Article VI, Section G. Fire Hydrants requirement in the City of Fairhope Subdivision Regulations which states: “fire hydrants shall be installed along each street at a maximum interval of four hundred fifty (450) feet, or at the ends and center of each block, or at otherwise required by the fire authority having jurisdiction.” Staff does not recommend approval of the waiver from the fire hydrant requirements of the City of Fairhope Subdivision Regulations. Staff believes the health, safety and welfare of citizens, as contemplated by Article I, section “A” of the City of Fairhope Subdivision regulations may be comprised by non-installation of a fire hydrant. Staff Recommendation Staff recommends DENIAL of SD 20.49 due to the failure to meet the requirements of Article VI, Section G of the Subdivision Regulations regarding fire hydrants. Seth Moore was present on behalf of the applicant and requested the case to be TABLED in order to provide fire flow information. SD 20.50 Martiniere Place Property Owner /Applicant: Stephen Martiniere General Location: West side of Rachel Myers Lane approximately ½ mile north of County Rd 48 Project Type: Minor Subdivision Number of lots: Lot 1 – 7.17 acres Lot 2 – 3.05 acres Zoning District: Unzoned Baldwin County within County Planning District 17 Parent Parcel PPIN Number: 78800 Engineer of record: N/A Surveyor of record: Seth Moore, PLS School District: Fairhope East Elementary, Fairhope Middle and High Schools Report prepared by: Carla Davis Comments: Public hearing to consider the request for Stephen Martiniere, owner, and applicant of a 2-lot minor subdivision. The property is located on the west side of Rachael Myers Lane approximately ½ mile north of County Road 48. The subject property is approximately 10.22 acres. The property is currently vacant and the applicant desires to divide the property into two separate lots. The proposed Lot 1 is approximately 7.17 acres (312,489 square feet). The proposed Lot 2 is approximately 3.05 acres (132,858 square feet). Waiver Request: The applicant has submitted three waiver requests from the City of Fairhope Subdivision Regulations. The first wavier is in relation to Article VI Section D. “Sidewalks” which states: “sidewalks shall be installed on all streets within the planning jurisdiction of the City of Fairhope”. Historically, the planning commission has greatly emphasized sidewalk installation to facilitate future pedestrian connectivity and walkability of developments and has either required sidewalk installation, or in the case of county roads, required a pedestrian easement on private property along the margin of the property adjacent to the public ROW to allow future sidewalk installation, but not required sidewalks to be installed prior to minor subdivision plat approval. The proposed plat includes a 15’ sidewalk, drainage, and utility easement along the margin of Rachel Myers Lane onto which sidewalks may be installed at a future time. Staff does not object to the sidewalk waiver, however collectively with the other deficiencies related to the application staff will recommend denial of the application in its entirety. The second waiver is related to Article VI, Section G. “Fire Hydrants” required in the City of Fairhope Subdivision Regulations which states: “fire hydrants shall be installed along each street at a maximum interval of four hundred fifty (450) feet, or at the ends and center of each block, or as otherwise required by the fire authority having jurisdiction.” Staff does not recommend approval of the waiver from the fire hydrant requirements of the City of Fairhope Subdivision Regulations. Staff believes the health, safety, and welfare of citizens, as contemplated by Article I, section “A” of the City of Fairhope Subdivision regulations may be comprised by non-installation of a fire hydrant. The third waiver request is related to Article V, Section “E” related to lot standards and lot access. Specifically, all lots must front upon a paved, publicly-maintained street. The portion of Rachel Myers lane onto which subject property fronts is an unpaved, but possibly county-maintained street. Though staff does not necessarily object to the waiver request, collectively, the three deficiencies result in an application for which staff cannot recommend approval. Staff Recommendation Staff recommends denial of SD 20.50 due to the failure to meet the following requirements: 1. Article V, Section E. of the Subdivision Regulations regarding lot standards/ lot access. 2. Article VI, Section D. of the Subdivision Regulations regarding sidewalks. 3. Article VI, Section G of the Subdivision Regulations regarding fire hydrants. Seth Moore was present on behalf of the applicant and requested the case to be TABLED in order to provide fire flow information. SD 20.51 Walker Place Property Owner /Applicant: Linda Walker General Location: South side of Morphy Avenue between Bishop Rd and CR 13, 8800 Morphy Avenue Project Type: Minor Subdivision Number of lots: 2 Zoning District: R-1 Low Density Single Family Residential District Parent Parcel PPIN Number: 14591 Engineer of record: N/A Surveyor of record: Seth Moore, PLS School District: Fairhope East Elementary, Fairhope Middle and High Schools Report prepared by Carla Davis Comments: Public hearing to consider the request of Linda Walker, owner, and applicant of a 2-lot minor subdivision. The property is located on the south side of Morphy Avenue between Bishop Road and County Road 13, at 8800 Morphy Avenue. The subject property is approximately 7.9 acres and the applicant desires to divide the property into two separate lots. The proposed Lot 1 is approximately 3.10 acres (135,400 square feet) with an existing residence. The proposed Lot 2 is approximately 4.75 acres (207,100 square feet) with an existing residence and barn. Waiver Request: The applicant has submitted two waiver requests from the City of Fairhope Subdivision Regulations. The first wavier is in relation to Article VI Section D. “Sidewalks” which states: “sidewalks shall be installed on all streets within the planning jurisdiction of the City of Fairhope”. Historically, the planning commission has greatly emphasized sidewalk installation to facilitate future pedestrian connectivity and walkability of developments and has either required sidewalk installation, or in the case of county roads, required a pedestrian easement on private property along the margin of the property adjacent to the public ROW to allow future sidewalk installation, but not required sidewalks to be installed prior to minor subdivision plat approval. The proposed plat includes a 15’ sidewalk, drainage, and utility easement along the margin of Morphy Avenue onto which sidewalks may be installed at a future time. The sidewalk easement is not necessary because Morphy AVE is a City of Fairhope ROW and thus sidewalks would be installed in the ROW. Staff does not necessarily object to the sidewalk waiver because there are no existing sidewalks along Morphy AVE between Bishop Road and CR 13. At the time of plat approval, staff will memorialize via condition of approval an opportunity for the planning commission to rule on the sidewalk wavier. The second waiver is related to Article VI, Section G. Fire Hydrants requirement in the City of Fairhope Subdivision Regulations which states: “fire hydrants shall be installed along each street at a maximum interval of four hundred fifty (450) feet, or at the ends and center of each block, or at otherwise required by the fire authority having jurisdiction.” Staff does not recommend approval of the waiver from the fire hydrant requirements of the City of Fairhope Subdivision Regulations. Staff believes the health, safety, and welfare of citizens, as contemplated by Article I, section “A” of the City of Fairhope Subdivision regulations may be comprised by non-installation of a fire hydrant. Staff Recommendation Staff recommends DENIAL of SD 20.51 due to the failure to meet the requirements of Article VI, Section G of the Subdivision Regulations regarding fire hydrants. Seth Moore was present on behalf of the applicant and requested the case to be TABLED in order to provide fire flow information. SD 20.53 Magnolia and Church Mixed Use Development Property Owner /Applicant: Magnolia/Church, LLC General Location: Northeast corner of the intersection of Magnolia Avenue and Church Street, at 301 Magnolia Avenue Project Type: Multiple Occupancy Project Number of Units: 10 Project Acreage: .51+/- Zoning District: B-2 inside Central Business District PPIN Number: 15164 Engineer of record: SE Civil, LLC - Larry Smith, PE School District: Fairhope West, Middle, and High School Report prepared by: Mike Jeffries Comments: This application is for a 10 unit Multiple Occupancy Project located on the northeast corner of the intersection of Magnolia Avenue and Church Street. Staff Recommendation: Staff recommends this application be tabled for further review and discussion. Vance McCown was present and requested the case to be TABLED in order to provide revised information to staff for review to address concerns. SR 20.04 Magnolia and Church Mixed Use Development Property Owner /Applicant: Magnolia/Church, LLC General Location: Northeast corner of the intersection of Magnolia Avenue and Church Street, at 301 Magnolia Avenue Project Type: Site Plan Review Number of Units: 10 Project Acreage: .51+/- Zoning District: B-2 inside Central Business District PPIN Number: 15164 Engineer of record: SE Civil, LLC - Larry Smith, PE School District: Fairhope West, Middle, and High School Report prepared by: Mike Jeffries Comments: This application is for a Site Plan review pursuant to the procedure required by Fairhope’s Zoning Ordinance Article II.C.2. The Planning Commission will review and make a recommendation to the City Council who will make the final approval decision. The request is for a mixed-use development containing eight (8) residential units and two (2) commercial units. Staff Recommendation: Staff recommends this application be tabled for further review and discussion. Vance McCown was present and requested the case to be TABLED in order to provide revised information to staff for review to address concerns. ZCD 20.09 The Reserve at Fairhope Property Owner /Applicant: Seaman Capital / Dominion Partners General Location: SW intersection of Volanta Avenue and Greeno Road (US HWY 98) Project Type: Re-zoning from R-1 low density single family residential to PUD Number of lots: 1 Existing Zoning District: Parent Parcel PPIN Number: 386193 and 386197 Engineer of record: Trey Jinright, PE, LEED AP, Jade Consulting Surveyor of record: Hunter Smith, PLS - Smith, Clark, and Associates School District: Fairhope West Elementary, Fairhope Middle and High Schools Report prepared by: Hunter Simmons, MPA, GISP Comments: The applicant is requesting to rezone the subject property from R-1, Single Family Residential District to PUD, Planned Unit Development. The property is approximately 16.62 acres and is located at the SW intersection of Greeno Rd and Volanta Ave. The applicant describes the project as a “senior living community” that “provides varying degrees of care for citizens 55 years of age and older”. The project consists of 168 total units; 104 independent living units, 32 assisted living units, and 32 memory care units. 20 of the independent living units will be patio homes, with the remainder of the units contained in a proposed 3 story, approximately 225,000 s.f. building. Per the site data table, the net density of the project is 12.6 Units/Ac. The project proposes over 26% (25% required) of the 16.62 acres as greenspace with amenities that include a pool, courts, a putting green, court yards, as well as “activity trials”. In addition to the greenspace shown in the plan above, a 20’ buffer is providing adjacent to Greeno Rd and Volanta Ave. While dense, this proposed project captures the intent of PUD zoning – it is a comprehensively planned, innovative use of the site, offering a variety of living opportunities, and makes efficient use of greenspace. Traffic, detailed drainage plans, electrical, and sewer services will be reviewed in detail as required by the Multiple Occupancy Project (MOP) regulations of the City of Fairhope’s Subdivision Regulations. Staff Recommendation Staff recommends Case number ZC 20.09 The Reserve at Fairhope PUD to be recommended for APPROVAL to the Fairhope City Council to rezone subject properties from R-1 to PUD with the following conditions: 1. Tree removal and landscape plans shall be reviewed by the City of Fairhope Tree Commission prior to/during M.O.P. review. 2. The proposed signalized crossing shall be coordinated with The City of Fairhope’s Public Works Department. 3. Final drainage plans, as well as connectivity to Sewer and Electrical, will be resolved prior to/during M.O.P. review. 4. A traffic study and building elevations will be provided for review as part of the M.O.P. application. Trey Jinright of JADE Consulting, LLC was present on behalf of the applicant. Public Hearing Lawanna Mason of 512 Lillian Circle – She stated concerns regarding the buffer along her property and drainage. Bobby Green of 415 Maple Street – He stated concerns with drainage, wetlands, density, noise from Greeno Rd., keeping the southern edge of Hoyle Street wooded, and payment for improvements to Hoyle Street. Motion Art Dyas made a motion to accept the staff recommendation for APPROVAL to the Fairhope City Council to rezone subject properties from R-1 to PUD with the following conditions: 1. Tree removal and landscape plans shall be reviewed by the City of Fairhope Tree Commission prior to/during M.O.P. review. 2. The proposed signalized crossing shall be coordinated with The City of Fairhope’s Public Works Department. 3. Final drainage plans, as well as connectivity to Sewer and Electrical, will be resolved prior to/during M.O.P. review. 4. A traffic study and building elevations will be provided for review as part of the M.O.P. application. 2nd Harry Kohler 2nd the motion and the motion carried unanimously with the following vote: Vote: AD – Aye RB – Aye HK – Aye JW – Absent LT – Aye HM – Aye JL – Aye CHB – Aye JC – Aye ZC 20.10 Klumpp PUD Amendment Property Owner /Applicant: Gayfer Village Partners, LLC; Mr. Tom Mitchell; Mr. Bill Mitchell General Location: Northwest intersection of SR 181 and Fairhope Avenue (CR 48) Project Type: Planned Unit Development (PUD) Number of lots: 15 Unit 1 – 13 Lots (19.03 Acres); Unit 2 – 410 Units (41.03 Acres); Unit 3 – 106 Units (10.63 Acres) Zoning District: PUD Parent Parcel PPIN Number: 236701, 24160, 316793 Engineer of record: Scott Hutchinson, GMC Surveyor of record: Goodwyn, Mills, and Cawood, Inc. School District: Fairhope East Elementary, Fairhope Middle and High Schools Report prepared by Buford King/Hunter Simmons Comments: The applicant is seeking amendment of PUD ordinance number 1664 related to the Klumpp Planned Unit Development adopted November 25, 2019. The subject property is located at the northwest intersection of State Highway 181 and Fairhope Avenue/County Road 48 and extends north to the southwest corner of State Highway 181 and Gayfer Avenue/County Road 30. While the original PUD’s regulating plan was general, deferring specifics to future Site Plan Reviews, there was a framework for meeting the intent of a PUD. The proposed amended PUD, by being overly general, makes it difficult to recommend approval. During the meeting staff highlighted several deficiencies in the proposed plan and suggestions options to ensure the PUD is comprehensively planned, but, ultimately, the applicant is responsible for presenting their intended design. Staff Recommendation Staff recommends Case # ZC 20.10 Klumpp Planned Unit Development (PUD) amendment for PPIN’s 236701, 24160, 316793 be DENIED. Public Hearing No one was present to speak. Scott Hutchinson of Goodwyn, Mills, and Cawood, Inc. was present on behalf of the applicant and he requested the case be TABLED to provide additional detailed information to staff for review. Old/New Business SD 16.27 Fairhope Falls, Phase 3 Request of Dewberry Engineers, LLC for 1-year extension of the Preliminary plat approval for construction of this phase. Motion: Art Dyas made a motion to approve a 1-year extension of the Preliminary plat approval for construction of this phase. 2nd: Jimmy Conyers 2nd the motion and the motion carried unanimously with the following vote: Vote: AD – Aye RB – Aye HK – Aye JW – Absent LT – Aye HM – Aye JL – Aye CHB – Aye JC – Aye SD 16.37 Old Battles Village, Phase 4 Request of Dewberry Engineers, LLC for 1-year extension of the Preliminary plat approval for construction of this phase. Motion: Jimmy Conyers made a motion to approve a 1-year extension of the Preliminary plat approval for construction of this phase. 2nd: Art Dyas 2nd the motion and the motion carried unanimously with the following vote: Vote: AD – Aye RB – Aye HK – Aye JW – Absent LT – Aye HM – Aye JL – Aye CHB – Aye JC – Aye Worksession A worksession is scheduled for Thursday, December 17, 2020 at 3:00 to discuss the rezoning on Greeno Road from R-1 to B-4. Adjournment Motion: Jimmy Conyers made a motion to adjourn at 7:17PM. 2nd: Art Dyas 2nd the motion and the motion carried unanimously with the following vote: Vote: AD – Aye RB – Aye HK – Aye JW – Absent LT – Aye HM – Aye JL – Aye CHB – Aye JC – Aye