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HomeMy WebLinkAbout12-07-2020 Planning Commission MinutesDecember 7, 2020 Planning Commission Minutes The Planning Commission met virtually Monday, December 7, 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; Clarice Hall-Black; Hollie MacKellar; Jason Langley; Jimmy Conyers, Council Liaison; Buford King, Development Services Manager; Hunter Simmons, Planning and Zoning Manager; Mike Jeffries, Planner; Emily Boyett, Secretary; and Chris Williams, City Attorney Absent: John Worsham Chairman Turner called the meeting to order at 5 :05 PM and explained the procedures of the meeting. Mr. Turner took a roll call of those present. Mr. Turner welcomed Chris Williams of Hand Arendall as the Planning Commission's new legal counsel. Mr. Turner stated agenda item I. UR 20.07 will be heard first. UR 20.07 Request of AT&T for 11.52.11 Utility Review and approval of the proposed installation of a small cell site at 1100 Fairhope Avenue, Tim Hawkins. The project will run along Fairhope A venue 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. Mr. King gave the staff report saying the project will consist of 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. 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. 1 December 7, 2020 Planning Commission Minutes Mr. Hawkins addressed the Commission saying the initial request was to co-locate on an existing pole but they were asked to move from in front of the courthouse door. Mr. King explained the Baldwin County Commission requested the original location be reassessed. Mr. Hawkins stated AT&T owns multiple poles in the general area and they were requested to install this small cell to help with service inside the courthouse. He noted the existing pole cannot support the required hardware needed for a small cell. Mr. Simmons suggested using an existing pole in the parking lot of the courthouse and Mr. Hawkins said that pole would need new infrastructure as well. Jack Burrell addressed the Commission saying this is going to become a constant request as all of the cell phone providers move to 5G and if the City does not urge co-locates and unobtrusive infrastructure, there will be hundreds or thousands of poles all over Fairhope. Mr. Turner asked if all utility review go to the council and Mr. Simmons responded no, only the small cells require council approval. Mr. Hawkins requested the case be TABLED to allow alternative options to be explored. Art Dyas made a motion to TABLE the case at the request of the applicant. Jimmy Conyers 2 nd the motion and the motion carried unanimously with the following vote: A YE -Art Dyas, Rebecca Bryant, Harry Kohler, Lee Turner, Clarice Hall-Black, Hollie MacKellar, Jason Langley and Jimmy Conyers. NAY -none. SD 20.49 Public hearing to consider the request of George and Mary Jean Havranek for plat approval of Havranek Place, a 2-lot minor subdivision, Seth Moore. The property is located at the southeast corner of the intersection of County Road 13 and County Road 24. Mr. Simmons gave the staff report saying 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. 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 2 December 7, 2020 Planning Commission Minutes 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 Public hearing to consider the request of Stephen Martiniere for plat approval of Martiniere Place, a 2-lot minor subdivision, Seth Moore. The property is located on the west side of Rachel Myers Lane approximately ¼ mile north of County Road 48. Mr. Simmons gave the staff report saying 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). 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 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. 3 December 7, 2020 Planning Commission Minutes 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 Public hearing to consider the request of FST Linda Walker for plat approval of Walker Place, a 2-Iot minor subdivision, Seth Moore. The property is located on the south side of Morphy Avenue between Bishop Road and County Road 13, at 8800 Morphy A venue. Mr. Simmons gave the staff report saying 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. 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 A venue 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 A VE 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 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 TAB LED in order to provide fire flow information. SD 20.53 Public hearing to consider the request of FST Magnolia/Church, LLC for preliminary approval of Magnolia & Church Mixed Use Development, a 10-unit multiple occupancy project, Larry Smith. SR 20.04 Request of FST Magnolia/Church, LLC for Site Plan approval of Magnolia & Church Mixed Use Development, a 10-unit project, Larry Smith. 4 December 7, 2020 Planning Commission Minutes The property is located at the northeast comer of the intersection of Magnolia A venue and Church Street, at 301 Magnolia Avenue. Mr. Jeffries gave the staff report saying the property is zoned B-2 and located on the edge of the Central Business District (CBD). The proposed project is currently under Site Plan review as well. Mr. Jeffries stated the fire hydrant located on Magnolia does provide adequate fire flow for the development. The City is currently upgrading the system and the improvements should provide the fire protection needed. A fire flow at the end of construction shall be performed to verify the development does have adequate fire protection. He noted sidewalks shall be constructed in ADA compliance. Portion of sidewalk is not being replaced near street intersection leading to potential problems aligning the old portion to the newly replaced portion. The applicant has provided a Tree Removal Application submitted to Paul Merchant, City Horticulturalist, dated 2017 that has a proposed mitigation plan. Speaking with Paul Merchant the application from 3 years ago was submitted with a different site plan. A comment from Paul on the application says nothing is approved until a plan is submitted. One has not been submitted. A new tree removal application needs to be submitted and reviewed by Paul Merchant and/or the Fairhope Tree Committee. The applicant provided an unsigned report from Cleve Formwalt with recommendations for tree removal, trimming, and development practices. The report does not reflect the removal or trimming located midways down the property along Church Street. The Tree Protection plan sheet DO 1 does not reflect the removal of the tree on the north end of the property as stated in the report. Tree removal plan does not show canopy of trees. Without canopy shown with proposed building footprint staff does not know how much of the tree will have to removed. Mr. Simmons noted concerns with cars backing into the sidewalk on Church Street and the minimal amount of commercial square footage. Mr. Turner agreed with Mr. Simmons. Staff recommended the SD 20.53 be TABLED for further review and discussion. Staff recommended the SR 20.04 be TABLED for further review and discussion. Vance Mccown was present and requested both SD 20.53 and SR 20.04 be TABLED in order to provide revised information to staff for review to address concerns. ZC 20.09 Public hearingto consider the request of Dominion Senior Living of Fairhope, LLC on behalf of Seaman Capital, LLC to rezone property from R-1 Low Density Single Family Residential District to PUD (Planned Unit Development), Trey Jinright. The property is located at the southwest comer of the intersection of Volanta Avenue and Greeno Road, to be known as The Reserve at Fairhope. Mr. Simmons gave the staff report saying 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, 5 December 7, 2020 Planning Commission Minutes 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 ofFairhope's Subdivision Regulations. Staff recommends 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. Mr. Conyers asked if the 40' building height is only for the CBD and Mr. Simmons answered yes, the proposed buildings are 180' from the road and should not be overwhelming but suggested the building be stepped down closer to Volanta A venue. Mr. Jinright stated the existing neighborhood is closest to the 2 story buildings. He said the site will have 26% greenspace and the applicant is agreeable to staffs conditions. Mr. Dyas and Mrs. Bryant questioned the drainage and Mr. Jinright explained the water currently flows south to Hoyle and the Green's property. He said the full drainage calculations have not been done at this time. Mr. Turner opened the 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 Hoy le Street. Having no one else present to speak, Mr. Turner closed the public hearing. Mr. Jinright responded to the public comments saying there will be a 20' setback along the property line and there is a triangle shaped parcel that is not part of this development. He noted building 11 and 12 are single story. Mr. Kohler asked about parking and Mr. Jinright stated there are garages, street parking, and golf cart spaces. 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. 6 December 7, 2020 Planning Commission Minutes 4. A traffic study and building elevations will be provided for review as part of the M.O.P. application. Harry Kohler 2nd the motion and the motion carried unanimously with the following vote: A YE -Art Dyas, Rebecca Bryant, Harry Kohler, Lee Turner, Clarice Hall-Black, Hollie MacKellar, Jason Langley and Jimmy Conyers. NAY -none. ZC 20.10 Public hearing to consider the request of Gayfer Village Partners, LLC for an amendment to the Klumpp PUD (Planned Unit Development), Scott Hutchinson. The property is located on the west side of St. Hwy. 181 between Fairhope Avenue and Gayfer Road. Mr. Simmons gave the staff report saying 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 comer of State Highway 181 and Gayfer A venue/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 recommends case ZC 20.10 Klumpp Planned Unit Development (PUD) amendment be DENIED. Mr. Turner opened the public hearing. Having no one present to speak, he closed the public hearing. Mr. Turner said he would like to see more detail to be comfortable. Mrs. MacKellar and Mr. Dyas agreed and stated concerns with higher density against the existing neighborhood. Mr. Turner asked the applicant to provide landscape and buffer plans and building materials. 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, Buford King-Request of Dewberry Engineers, LLC for I-year extension of the Preliminary plat approval for construction of this phase. Art Dyas made a motion to approve a I -year extension of the Preliminary plat approval for construction of this phase. Jimmy Conyers 2nd the motion and the motion carried unanimously with the following vote: A YE -Art Dyas, Rebecca Bryant, Harry Kohler, Lee Turner, Clarice Hall-Black, Hollie MacKellar, Jason Langley and Jimmy Conyers. NAY -none. SD 16.37 Old Battles Village, Phase 4, Buford King-Request of Dewberry Engineers, LLC for I-year extension of the Preliminary plat approval for construction of this phase. Jimmy Conyers made a motion to approve a I-year extension of the Preliminary plat approval for construction of this phase. 7 December 7, 2020 Planning Commission Minutes Art Dyas 2nd the motion and the motion carried unanimously with the following vote: A YE -Art Dyas, Rebecca Bryant, Harry Kohler, Lee Turner, Clarice Hall-Black, Hollie MacKellar, Jason Langley and Jimmy Conyers. NAY -none. Worksession, Hunter Simmons -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. Having no further business, Jimmy Conyers made a motion to adjourn. Art Dyas 2nd the motion and the meeting was adjourned at 7: 17PM. Lee Turner, Chairman 8